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06-28-2000 MinutesBOARD OF SUPERVISORS MINUTES June 28, 2000 Supervisors in Attendance: Mr. Arthur S. Warren, Chairman Mrs. Renny B. Humphrey, Vice Chrm. Mr. Edward B. Barber Mr. J. L. McHale, III Mr. Kelly E. Miller Mr. Lane B. Ramsey County Administrator Staff in Attendance: Colonel Carl R. Baker, Police Department Dr. William Bosher, Jr. Supt., School Board Mr. John Boykin, Asst. Dir., General Services Mr. Craig Bryant, Dir., Utilities Ms. Jana Carter, Dir., Youth Services Ms. Marilyn Cole, Asst. County Administrator Mr. Richard Cordle, Treasurer 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 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 Ms. Kathryn Kitchen, Asst. Supt. of Schools for Business and Finance Mr Donald Kappel, Dir., Public Affairs Mr Lou Lassiter, Dir., Internal Audit Dr Burt Lowe, Dir., Mental Health/Retard. 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 Glen Peterson, Dir., Community Diversion Incentive Program Ms. Cindy Smith, Asst. Dir., Risk Management 6/28/oo 00-380 Ms. Sarah Snead, Dir., Social Services Mr. James J. L. Stegmaier, Deputy Co. Admin., Management Services Mr. M. D. Stith, Jr., Deputy Co. Admin., Community Development Mr. Scott Zaremba, Asst. Dir., Human Res. Mgmt. Mr. Warren called the regularly scheduled meeting to order at 3:16 p.m. 1. APPROVAL OF MINUTES FOR MAY 24~ 2000 On motion of Mrs. Humphrey, seconded by Mr. McHale, the Board approved the minutes of May 24, 2000, as submitted. Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 2. COUNTY ADMINISTRATOR'S COMMENTS There were no County Administrator's Comments at this time. 3. BOARD COMMITTEE REPORTS There were no Board Committee Reports at this time. REQUESTS TO POSTPONE ACTION, ADDITIONS, OR CHANGES IN THE ORDER OF PRESENTATION On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board added Item 5.E., Resolution Recognizing Ms. Wendy Mathis Parker, Managing Editor of The Village Mill for Her Contributions to the Brandermill Community and Chesterfield County; added Item 8.C.9., Appointments to the Health Center Commission; added Item 8.D.7.c., Set Date for Public Hearing to Consider an Ordinance Relating to Off Track Betting Facilities; added Item 8.D.20.c., Conveyance of Easement to Virginia Electric and Power Company for Relocation of Power Lines in Conjunction with the Government Center Parking and Roads Project; added Item 8.D.25.c., Transfer of District Improvement Funds from the Clover Hill District Improvement Fund for Repair of a Residential Water Service Line at 3308 Fox Chase Road; added Item 8.D.26., Approval of Construction Contract and Appropriation of Funds for Ecoff Athletic Complex Phase I Baseball Fields; added Item 8.D.27., Request for Permission from Dennis H. Owens, Jr. and Rebecca Lynn Owens to Install a Private Water Service Within a Private Easement to Serve Property on Belmont Road; added Item 10.D., Closed Session Pursuant to Section 2.1-344A.7., Code of Vircinia, 1950, as Amended, to Discuss With Counsel Probable Litigation Arising from the December 18, 1999 Wreck on Old Buckingham Road; and adopted the Agenda, as amended. Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 00-381 6/28/oo 5. RESOLUTIONS AND SPECIAL RECOGNITIONS 5.A. RECOGNIZING COMCAST CABLEVISION FOR THEIR DONATION TOWARDS THE AGGRESSIVE DRIVING PUBLIC SERVICE ANNOUNCEMENT TO ENHANCE SALVE DRIVING Colonel Baker introduced Mr. Mike Kasko, Ms. Deana Villani, Mr. Matthew Handley and Ms. Sabrina Rosado-Rodriguez from Comcast Cablevision, who were present to receive the resolution. On motion of the Board, the following resolution was adopted: WHEREAS, aggressive driving has become an increasingly dangerous problem throughout the country; and WHEREAS, the Chesterfield County Police Department actively promotes safety on County roads through citizen awareness of aggressive driving; and WHEREAS, the responsibility of protecting and educating Chesterfield County citizens lies within the heart of our community; and WHEREAS, Comcast Cablevision has provided a generous donation to the Chesterfield County Police Department towards an Aggressive Driving Public Service Announcement; and WHEREAS, this donation has aided in the enhancement of safe driving; and WHEREAS, Comcast Cablevision, which reaches over 70,000 households, has given back to the community through the sponsorship of this Public Service Announcement; and WHEREAS, through the cooperative efforts of Ms. Deana Villani, Producer; Mr. Matthew Handley, Editor; and Ms. Sabrina Rosado-Rodriguez, Grip; the spirit of community/private partnerships has provided Chesterfield County with increased awareness of the dangers of aggressive driving; and WHEREAS, the Chesterfield County Police Department greatly appreciates this donation and is looking forward to continuing a strong partnership with Comcast Cablevision. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors publicly recognizes Comcast Cablevision for its generous contribution to the Chesterfield County Police Department and acknowledges its community support in helping the County reach its goal of being the safest and most secure community of its size in the U.S.A. AND, BE IT FURTHER RESOLVED, that a copy of this resolution be presented to Comcast Cablevision and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. Mr. Warren presented the executed resolution to Ms. Rosado- Rodriguez and expressed appreciation for Comcast Cablevision's efforts towards public safety in the County. /28/oo 00-382 Mr. Handley expressed appreciation to the Board for the recognition. 5.B. RECOGNIZING DR. BURT H. LOWE FOR HIS SERVICE AS EXECUTIVE DIRECTOR OF THE COMMUNITY SERVICES BO;~Z~D Mr. Hammer introduced Dr. Burt Lowe who was present to receive the resolution. On motion the Board, the following resolution was adopted: WHEREAS, Butt H. Lowe, Ph.D. was employed as the first Executive Director of the Community Services Board in November 1982; and WHEREAS, since that time, Dr. Lowe has served with distinction in his leadership role of providing quality local public behavioral health services to some of our most vulnerable citizens; and WHEREAS, Dr. Lowe is well recognized as an advocate for mental health, mental retardation and substance abuse services, locally and statewide, having established important legislative partnerships while serving as chairman and liaison for the Virginia Association of Community Services Boards Governmental Relations Commission; and WHEREAS, through the guidance and leadership demonstrated by Dr. Lowe during his eighteen years as Executive Director, the Chesterfield Community Services Board has earned a statewide reputation for excellence and innovation in becoming the first Community Services Board in the Richmond metropolitan region to receive the Rehabilitation Accreditation Commission's full national accreditation; and WHEREAS, during his tenure as Community Services Board Executive Director, many significant accomplishments were achieved by Dr. Lowe, including oversight and design of the Rogers Building state-of-the-art behavioral health facility. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors publicly recognizes Butt H. Lowe, Ph.D. for his significant contributions in the provision of quality mental health, mental retardation and substance abuse services to the citizens of Chesterfield County. AND, BE IT FURTHER RESOLVED, that a copy of this resolution be presented to Dr. Lowe and be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. Mr. Warren presented the executed resolution to Dr. Lowe, accompanied by Mr. Mac Deadmore, Chairman of the Community Services Board and expressed appreciation for his many years of public service. Mr. Ramsey expressed appreciation for the excellent leadership provided by Dr. Lowe to the Community Services Board. 00-383 s/28/oo Mr. Deadmore expressed appreciation for Dr. Lowe's service and support. Dr. Lowe expressed appreciation to the Board for recognition and also for the support of his staff. the 5.C. RECOGNIZING DR. WILLIAM BOSHER FOR HIS SERVICE AS SUPERINTENDENT OF CHESTERFIELD COUNTY PUBLIC SCHOOLS Mr. Ramsey introduced Dr. William Bosher who was present to receive the resolution. On motion of the Board, the following resolution was adopted: WHEREAS, Dr. William C. (Bill) Bosher, Jr. was appointed Superintendent of Chesterfield County Schools effective July 1, 1996; and WHEREAS, Dr. Bosher has since led the largest public school system in the Greater Richmond Metropolitan Area, with more than 51,000 students, 6,809 full-time positions and 59 schools; and WHEREAS, under Dr. Bosher's direction, Chesterfield County Public Schools earned the prestigious U.S. Senate Productivity and Quality Award Medallion of Excellence in the spring of 2000; and WHEREAS, Dr. Bosher's leadership and insight have significantly contributed to steady, noteworthy improvement in Chesterfield County's schools as a nationally-recognized leader among public education institutions; and WHEREAS, Dr. Bosher was responsible for overseeing major renovations at Bird, Clover Hill and Thomas Dale High Schools, the Chesterfield Technical Center, at Chester Middle School and at Bensley and Wells Elementary Schools, and new construction at Spring Run Elementary School, along with planning for the new Matoaca High School; and WHEREAS, Dr. Bosher was responsible for developing and implementing a coordinated pay plan with Chesterfield County government, investing $11.9 million in increased compensation for 1999-2000 and $10.9 million for 2000-2001; and WHEREAS, more than 2,000 computers were placed in Chesterfield County schools through state and private grants and local and school funding; and WHEREAS, in 1999, the students in Chesterfield County Public Schools had a pass rate higher than the state average in 26 of 27 Standards of Learning tests; and WHEREAS, this was accomplished even though 88 percent of school divisions in Virginia spend more per pupil than Chesterfield County Schools; and WHEREAS, School Match magazine has listed Chesterfield County schools for the past five years as "having what parents want" in their children's schools; and WHEREAS, enrollment in adult education programs has quadrupled since 1995-1996; and /28/oo 00-384 WHEREAS, Dr. Bosher has coordinated with the County on services of Risk Management, Parks and Recreation, Health, Police, {including School Resource Officers) and Fire in order to make Chesterfield County schools better and safer; and WHEREAS, Dr. Bosher's insight, leadership and many talents will be missed, but long will be remembered by the Board of Supervisors and the citizens of Chesterfield County, Virginia. NOW, THEREFORE, BE IT RESOLVED, that on behalf of the grateful citizens of Chesterfield County, the Chesterfield Board of Supervisors extends to Dr. William C. (Bill) Bosher sincerest appreciation for his extraordinary public service, and best wishes for continued success. Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. Dr. Bosher received a standing ovation. Mr. Warren presented the executed resolution to Dr. Bosher and expressed appreciation for his excellent leadership and contributions to Chesterfield County Schools. Dr. Bosher expressed appreciation to the Board for the recognition and their support during his tenure, and also expressed appreciation for the relationships that he has gained with County staff. Mr. Ramsey presented several County gifts to Dr. Bosher and expressed appreciation for his friendship and the working relationship that they have had. 5.D. RECOGNIZING PHILIP MORRIS U.S.A. EMPLOYEES FOR THEIR CONTRIBUTIONS TO THE PRESERVATION OF THE CITIE OF HENRICUS Mr. Hopson Goddin, Vice Chairman of Henricus Foundation, introduced representatives from Philip Morris U.S.A. who were present to receive the resolution. He expressed appreciation for the efforts of over 550 Philip Morris employees in the development of the Henricus project. Mr. Walt Heyer, Executive Director of the Henricus Foundation, presented a video depicting the spirit and enthusiasm of Philip Morris employees while working on the project. On motion of the Board, the following resolution was adopted: WHEREAS, Philip Morris U.S.A. is an excellent corporate citizen in Chesterfield County and the region; and WHEREAS, Philip Morris U.S.A. employees were aware that the historic Citie of Henricus site was in need of. new construction and other improvements; and WHEREAS, in May 2000, approximately 500 Philip Morris U.S.A. employees from Finance, Customer Service and Distribution, and the Symphony program donated thousands of hours of work time to build a reproduction of a large part of the Citie of Henricus; and 00-385 ~/e8/oo WHEREAS, in addition to the work performed by Philip Morris U.S.A. employees as a team building exercise, Philip Morris U.S.A. also donated all materials and tools used to support this effort; and WHEREAS, due to their diligence and hard work, these Philip Morris U.S.A. employees performed, in two days, work that had been programmed otherwise to require two years to complete. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors expresses its appreciation, on behalf of all citizens of the region, to the employees of Philip Morris U.S.A. for their outstanding civic-minded contributions to the preservation and improvement of this historic landmark. Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. Mr. McHale presented executed resolutions to four representatives from Finance, Customer Service and Distribution, and the Symphony program of Philip Morris U.S.A., and expressed appreciation for the community service and improvements provided at Henricus by Philip Morris employees. Mr. Warren expressed appreciation for Philip contribution to the history of Chesterfield County. Morris' s Mrs. Linda Warren expressed appreciation to the Board for the recognition and for providing the opportunity for Philip Morris employees to perform community service. She stated that it is an excellent example of the private and public sectors working together for the betterment of the community. 5.Eo RECOGNIZING MS. WENDY MATHIS PA/~KER, MANAGING EDITOR OF THE VILLAGE MILL FOR HER CONTRIBUTIONS TO THE BRANDERMILL COMMUNITY AND CHESTERFIELD COUNTY Mr. Kappel introduced Ms. Wendy Parker who was present to receive the resolution. On motion of the Board, the following resolution was adopted: WHEREAS, The Village Mill newspaper provides an important source of information to members of the Brandermill community; and WHEREAS, The Village Mill newspaper is widely recognized for its excellence and quality as a community publication, and for providing Brandermill residents with important and timely information about community and other important local news, programs and activities; and WHEREAS, Ms. Wendy Mathis Parker, through her extraordinary leadership, dedication and talent, has played a key role in the success of The Village Mill newspaper; and WHEREAS, in addition to her role as the Managing Editor of The Village Mill, Ms. Parker is recognized for her many contributions and volunteer work to help needy citizens of Chesterfield County and Virginia, such as her organization of the "Adopt a Family" program to provide assistance to needy /28/oo 00-386 families and disaster victims; and WHEREAS, Ms. Parker's continuing contributions to our County and region also are represented by her work as a playwright at Virginia Commonwealth University; and WHEREAS, one of Ms. Parker's plays was recently selected as the American representative at the Sibiu International Theater Festival in Romania; and WHEREAS, this commitment to both community service and the arts deserves due recognition. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors publicly recognizes Ms. Wendy Mathis Parker for her contributions to the Brandermill community and to Chesterfield County, further recognizes The Village Mill for its excellence as a community newspaper that has flourished under her leadership, and wishes Ms. Parker and the newspaper continued success. AND, BE IT FURTHER RESOLVED, that a copy of this resolution be presented to Ms. Parker and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. Mr. Warren presented the executed resolution to Ms. Parker, accompanied by Messrs. Jack Miller and John Hughes, and expressed appreciation for the support she provides to the community. He displayed a copy of The Village Mill and stated that the publication provides interesting information for the entire County. Ms. Parker expressed appreciation for the recognition and also for the support of her staff. 6. WORK SESSIONS 6.A. 2000 GENERAL ASSEMBLY LEGISLATION Ms. Curtin presented an update of the results of the 2000 General Assembly session. She reviewed County results and stated that there was a slight modification in the legislative request on toll facilities of the Richmond Metropolitan Authority (RMA). She further stated that the County was successful in getting a study by the joint Legislative Audit Review Commission of the RMA and its toll operations. She then reviewed significant legislation relative to the E9-1-1 User Fee; wetlands; Virginia Transportation Act of 2000; State Budget; and Constitutional Amendments. She noted that two Constitutional Amendments will be on the ballot in November 2000 -- one relative to the return of net lottery proceeds to localities for educational purposes and the other, relative to the right to hunt, fish and harvest game. Mr. Wendell Roberts, Assistant County Attorney, reviewed legislation that would require changes to the County Code relative to electric utility taxation; natural gas consumption tax; interest on local tax assessment refunds; minimum fine for Building Code violations; vicious or dangerous dogs; and outdoor advertising. He then reviewed optional ordinance 00-387 /28/oo changes and stated that staff has recommended that the Board take no action on any of these changes. There was brief discussion relative to the legislation for outdoor advertising and optional ordinance change for personal property taxation of travel trailers. lit was a general consensus of the Board to accept the staff's recommendations relating to advertising public hearings.] 6.B. WATERSHED MANAGEMENT AND MAINTENANCE MASTER PLAN FOR THE SWIFT CREEK RESERVOIR WATERSHED Ms. Joan Salvati, Water Quality Administrator, reviewed the objectives of the Watershed Management Master Plan and Maintenance Program. She stated that staff feels the project is equitable and attainable, and will reduce impacts on wetlands as well as protect both wetlands and streams. She then introduced Mr. Fernando Pasquel, Project Manager from CH2MHill, the Consultant who assisted the County in preparing the Master Plan. Mr. Pasquel presented an overview of the work that was done to prepare the Master Plan. He reviewed existing land uses; ultimate land uses; distribution of existing and ultimate land use; the impact of changes in hydrology on watercourse erosion and base flow relationships without best management practices; an environmental resources inventory and watershed models used to select water quality facilities (BMPs); and different scenarios evaluated to identify locations of BMPs. He stated that the recommended scenario incorporates traditional and alternative BMPs, including watershed ponds and subwatershed ponds; riparian stormwater wetlands; streambank stabilization and buffer enhancement; enhanced floodplains; and riparian corridor management. He further stated that BMPs are distributed throughout the watershed, are compatible with future infrastructure and meet the watershed objectives. He then reviewed pollutant reduction goals; implementation of the Master Plan including capital and programmatic costs; and more than 16 funding alternatives. He stated that the four selected funding alternatives include the general fund; pro rata share; stormwater utilities; and grants, and noted that a program could not be designed around grants. He reviewed primary funding sources including program elements; a Swift Creek Utility; and a Countywide Utility. He then reviewed capital costs for Swift Creek BMPs and stated that the total cost is approximately $36 million. He further stated that, in a typical subdivision of 26 acres, the pro rata share for capital construction costs of BMPs would be approximately $617 per lot, or a total of $42,000. He then reviewed BMP/stormwater management locations throughout the County. There was a brief discussion relative to the need to address various drainage trouble spots in the County. Mr. Pasquel reviewed SWM/BMP facilities by district and owner type. He then introduced Mr. Mike Matichich from CH2MHILL to continue the presentation. Mr. Matichich reviewed proposed funding strategies for the Swift Creek Utility and the Countywide Utility; the existing stormwater management operating budget totaling $2.6 million per year; and the proposed Countywide stormwater management program costs totaling $5.0 million per year. He then reviewed additional funds required to implement stormwater activities /28/oo 00-388 for three years; revenue requirements over a ten-year planning period; and revenue requirements and resulting funding strategies. When asked, Mr. Matichich stated that ERU is the equivalent residential unit which is based on the impervious area of a typical single family residential unit within the County. He then reviewed the expansion of BMP Operations and Maintenance with the Swift Creek Utility and the Countywide Utility. He stated that the Countywide Utility figure is lower than the Swift Creek Utility because of more efficient use of resources to mobilize crews and maintain the facilities. When asked, Mr. Matichich stated, that, with a Countywide Utility, the cost to the typical homeowner would amount to approximately $12 per year. He further stated that the purpose of a stormwater utility is to provide a dedicated funding source for a municipality's stormwater management program. He stated that the selected rate structure should be fair, simple and equitable and that the typical residence defines the base unit. He further stated that businesses are billed as multiples of the base unit. He reviewed feasible and equitable funding mechanisms within typical ranges for the Stormwater Utility and the Pro Rata Share funding sources both in the state and nationwide. Mr. Miller expressed concerns relative to the accuracy of the cost figures for operations and maintenance and the possibility of future rate increases. There was brief discussion relative to the studies used in developing the cost figures. Mr. Pasquel stated that Prince William County has implemented this type of fee since 1994 and has not had an increase thus far. He further stated that the utilities rate typically remains constant for five to ten years. Ms. Salvati stated that the County does not anticipate any new major programs that would cause significant increases. Mrs. Humphrey expressed concerns relative to the possibility of new growth paying fer the operations and maintenance fees. When asked, Mr. Pasquel stated that Prince William County has a similar structure as Chesterfield in that development pays for the construction of the BMPs, but the maintenance and program costs are paid for by the citizens who use the system. Ms. Salvati stated that the utility fee will pay for clean-up of the stormwater before it enters the streams which would include the Swift Creek Watershed, the Falling Creek Watershed, and the Appomattox Watershed, as well as the 1300 miles of streams throughout the County. Mr. Matichich reviewed implementation activities and steps to implement the watershed management master plan. Mr. Ramsey reviewed staff's recommendations including setting a public hearing for October 11, 2000 to consider implementation of the Swift Creek Reservoir Watershed Management Plan; conducting education programs throughout the County relative to Countywide stormwater utility issues; consideration at the public hearing of whether the County should proceed to take over the maintenance of BMPs Countywide; /28/oo 00-389 and investigating other feasible funding alternatives than a stormwater utility. When asked, Ms. Salvati stated it is anticipated that the public hearing on October 11, 2000 would be to consider the Swift Creek Reservoir Watershed Management Master Plan including the construction and maintenance funding options. She further stated that a Countywide Utility would take into account operation and maintenance of all BMPs throughout the County, drainage trouble spots, stream restoration and other items that would directly benefit all County residents. Mr. McHale expressed concerns relative to the time required to educate residents outside of the Upper Swift Creek Area relative to the proposed Countywide Utility covering other areas within the County. He stated that there is a possibility the education programs might not be completed prior to the public hearing in October. Mr. Warren requested that Ms. Salvati provide more detailed information at the July 26, 2000 meeting relative to educating citizens regarding the proposed Countywide Utility, particularly those citizens outside of the Swift Creek Area. Mr. Miller expressed concerns relative to taking action prior to exploring additional financing options. Mr. Barber expressed concerns relative to assessment of commercial development at a rate ten times higher than the average residential development. He suggested that a funding alternative be explored for commercial development to prevent a negative economic development impact. Mrs. Humphrey stated that she feels an additional work session relative to the scientific aspect of the Swift Creek Reservoir Watershed Management and Maintenance Plan or perhaps individual meetings with Board members may be necessary. There was brief discussion relative to assessment of commercial development for funding of operations and maintenance. Mr. Warren requested that staff prepare a plan relative to educating County citizens regarding the Watershed Management Plan and funding option of establishing a Countywide Stormwater Utility. 7. DEFERRED ITEMS There were no Deferred Items at this time. 8. NEW BUSINESS 8.A. ANNUAL CASH PROFFER INFORMATION Ms. Dickson presented an update on Cash Proffers. She reviewed summary statistics as of December 1999, including $29.5 million proffered to date; $4.3 million collected to date; $2.3 million appropriated to date; 7,998 lots created with cash proffers; and 1,386 lots paying cash proffers. She then reviewed summary statistics by magisterial district; amounts collected from 1991 through 1999; collections/appropriations by category; number of units paying proffers from 1991 through 1999; and net cost 6/28/oo 00-390 trends. She stated that in FY2000, the net cost for providing capital facilities for new dwelling units is $6,616 and the maximum cash proffer related to that net cost is $6,200. She further stated that the new calculated net cost for FY2001 is $8,163. When asked, Ms. Dickson stated that the primary difference in the net costs in FY2000 and FY2001 is due to increased road costs which were adjusted to reflect recent projects costs. She further stated that Schools had an increase because of the addition of improvements at L. C. Bird High School. Mr. Miller expressed concerns relative to the expenditure of cash proffer funds outside of the district for which they are collected. Ms. Dickson stated that cash proffer funds collected from any district for libraries, parks and fire stations can be spent anywhere within the County. She further stated that there are nineteen specific transportation sheds and cash proffers collected for transportation can only be spent within a specific shed. When asked, Ms. Dickson stated that the current maximum cash proffer amount of $6,200 has been maintained for the past two years. There was brief discussion relative to the addition of other categories for expenditure of cash proffer funds. Mr. Barber suggested that the proposed Countywide utility might be considered as an addition to the categories for expenditure of cash proffer funds. He questioned the possibility of additional opportunities for the actual payment of cash proffers. Ms. Dickson stated that staff will explore the possibility of cash proffer payment times after the issuance of a building permit but prior to certificate of occupancy. Mr. McHale stated that the current net cost trends indicate that an increase in the maximum amount collected for cash proffers is necessary, but that he feels it might be risky to collect the $8,163 suggested by staff. He further stated that he feels setting the maximum cash proffer amount at $7,800 would bring the County more in line with existing costs and assist in the development of future facilities. Mr. McHale then made a motion, seconded by Mr. Warren, for the Board to adopt the Marshall and Swift Cost Index increase of 4.8 percent for existing cash proffer cases and set the maximum cash proffer amount per lot for FY2001 at $7,800. There was brief discussion relative to increasing the maximum cash proffer amount in future years. Mr. McHale stated that the issue can be revisited again next year if the net cost trends increase. Mr. Warren called for a vote on the motion made by Mr. McHale, seconded by Mr. Warren, for the Board to adopt the Marshall and Swift Cost Index increase of 4.8 percent for existing cash proffer cases and set the maximum cash proffer amount per lot for FY2001 at $7,800. Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. /28/oo 00-391 8.B. STREETLIGHT INSTALLATION APPROVALS On motion of Mr. Warren, seconded by Mrs. Humphrey, the Board approved the following streetlight installation cost approval: Clover Hill District * Lancaster Drive and Lake Forest Drive Additional cost to install streetlight: $1,011.14 Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 8.C. APPOINTMENTS On motion of Mr. McHale, seconded by Mr. Warren, the Board suspended its rules at this time to allow simultaneous nomination/appointment/reappointment of members to serve on the Industrial Development Authority; Board of Building Code Appeals; John Tyler Community College Local Board; Youth Services Citizen Board; Citizens Transportation Advisory Committee; Social Services Board; Community Criminal Justice Board; Chesterfield Emergency Planning Committee; and Health Center Commission. Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 8.C.1. INDUSTRIAL DEVELOPMENT AUTHORITY On motion of Mr. Barber, seconded by Mr. Warren, the Board simultaneously nominated/reappointed Mr. John Hughes, representing the Clover Hill District, and Mr. Willie Lanier, representing the Midlothian District, to serve on the Industrial Development Authority, whose terms are effective July 1, 2000 and expire June 30, 2004. Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 8.C.2. BOARD OF BUILDING CODE APPEALS On motion of Mr. Barber, seconded by Mr. McHale, the Board reappointed Mr. Jack R. Wilson, III, representing the Bermuda District, and Mr. E. Frank Dunton, representing the County at- large, to serve on the Board of Building Code Appeals, whose terms are effective July 1, 2000 and expire June 30, 2003. Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 6/28/00 00-392 8 .C. 3. JOHN TYLER COMMUNITY COLLEGE LOCAL BOARD On motion of Mr. Barber, seconded by Mr. McHale, the Board reappointed Ms. Lorraine Waddill, representing the County at- large, to serve on the John Tyler Community College Local Board, whose term is effective July 1, 2000 and expires June 30, 2004. Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 8.C.4. YOUTH SERVICES CITIZEN BOARD On motion of Mr. McHale, seconded by Mr. Miller, the Board simultaneously nominated/appointed the following individuals to serve on the Youth Services Citizen Board, whose terms are effective July 1, 2000 and expire June 30, 2001: Name. Mr. Jamie Collins Mr. Jamie Evans Ms. Ashley Diersen Ms. Sarah Riggs Ms. Wendalynn Payne Ms. Sarah L. Smith Ms. Sarah E. George Mr. Hunter Hanger Ms. Amanda Uphoff Ms. Victoria Davenport Ms. Jennifer Snee Ms. Lacey Birdsong Mr. Lamont Jones District Bermuda Bermuda Clover Hill Clover Hill Dale Dale Dale Matoaca Matoaca Midlothian Midlothian Matoaca Matoaca And, further, the Board simultaneously nominated/appointed/ reappointed Mr. Edwin Montgomery III, an adult representing the Clover Hill District, and Ms. Gabrielle Roberts, an adult representing the Midlothian District, to serve on the Youth Services Citizen Board, whose terms are effective July 1, 2000 and expire June 30, 2003. Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 8.C.5. CITIZENS TRANSPORTATION ADVISORY COMMITTEE On motion of Mr. McHale, seconded by Mr. Barber, the Board simultaneously nominated/reappointed Mr. Robert Corder and Mr. Herbert Richwine, both representing the County at-large, to serve on the Citizens Transportation Advisory Committee of the Richmond Area Metropolitan Planning Organization, whose terms are effective July 1, 2000 and expire June 30, 2002. Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 00-393 s/2s/oo 8.C.6. SOCIAL SERVICES BOARD On motion of Mrs. Humphrey, seconded by Mr. McHale, the Board simultaneously nominated/reappointed Mr. David Welchons, representing the County at-large, to serve on the Chesterfield- Colonial Heights Social Services Board, whose term is effective July 1, 2000 and expires June 30, 2004. Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 8.C.7. COMMUNITY CRIMINAL JUSTICE BOARD On motion of Mr. Barber, seconded by Mrs. Humphrey, the Board nominated/reappointed the following individuals to serve on the Community Criminal Justice Board, whose terms are effective July 1, 2000 and expire June 30, 2002: Mr Thomas L. Vaughan Mr Richard Schurman Mr Wave B. Tench, III Ms Eilene Brown Mr James C. Minetree Mr William W. Davenport Colonel Carl Baker Major Garland Stafford And, further, the Board nominated/appointed Mr. Gregory D. Carr to serve on the Community Criminal Justice Board, whose term is effective immediately and expires June 30, 2001. (It is noted that Mr. Cart will fill the remainder of the Defense Attorney term of Mr. Mike Allen who has been appointed as a Circuit Court Judge.) Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 8.C.8. CHESTERFIELD EMERGENCY PLANNING COMMITTEE On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board nominated Mr. Thomas Doland to serve on the Chesterfield Emergency Planning Committee, who will be appointed by the Governor. Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 8.C.9. HEALTH CENTER COMMISSION On motion of Mrs. Humphrey, seconded by Mr. Warren, the Board simultaneously nominated and appointed Mrs. Pat Revere, representing the Midlothian District, to serve on the Health Center Commission, whose term is effective immediately and expires June 30, 2004. 6/28/00 00-394 And, further, the Board simultaneously nominated and appointed Mrs. Carol Conroy, representing the County at-large, to serve on the Health Center Commission, whose term is effective immediately and expires June 30, 2003. (It is noted that Mrs. Conroy will be filling the unexpired at-large term of Dr. Betty Hunter-Clapp who will be moving 12o the vacant Clover Hill District appointment and whose term will now expire June 30, 2004.) Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 8.D. CONSENT ITF/~S On motion of Mr. Barber, seconded by Mr. Warren, the Board removed Item 8.D.8., Initiation of an Application for Rezoning with a Conditional Use Planned Development to Permit Use and Bulk Exceptions, Item 8.D.12., Appropriation of Cash Proffer Funds to Produce a Park and Recreation Master Plan, and Item 8.D.25.c., Transfer of District Improvement Funds from the Clover Hill District Improvement Fund for Repair of a Residential Water Service Line on Fox Chase Drive from the Consent Agenda to allow public comment. Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 8.D.1. ADOPTION OF RESOLUTIONS 8.D.1 .a. RECOGNIZING MR. DONALD R. KORSAK, SHERIFF'S OFFICE, UPON HIS RETIREMENT On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board adopted the following resolution: WHEREAS, Mr. Donald R. Korsak began his public service with the County as a Deputy in the Sheriff's Department on June 1, 1978, and has faithfully served Chesterfield County for twenty-two years after retiring from the United States Marine Corps, where he served twenty-eight years; and WHEREAS, by continuing to prow~de quality public service, Mr. Korsak has symbolized the type of employee Chesterfield County seeks; and WHEREAS, Mr. Korsak's desire to do a thorough job and willingness to share the wealth of experience with his fellow deputies is proof of his achievements; and WHEREAS, Mr. Korsak has always gone beyond the call of duty in order to serve and assist the citizens of the United States, Commonwealth of Virginia and Chesterfield County; and WHEREAS, Mr. Korsak has improved the quality of life for Chesterfield residents by his contributions in maintaining the safekeeping of persons confined to the Chesterfield County Jail. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors recognizes the outstanding /28/oo 00-395 contributions of Mr. Donald R. Korsak, and extends on behalf of its members and the citizens of Chesterfield County, their appreciation for his service to the County, their congratulations upon his retirement and their best wishes for a long and happy retirement. Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 8.D.1 .b. RECOGNIZING MR. ARTHUR L. BISHOP, SHERIFF'S OFFICE, UPON HIS RETIREMENT On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board adopted the following resolution: WHEREAS, Mr. Arthur L. Bishop began his public service with Chesterfield County as a Police Officer on July 1, 1975, and as a Sheriff's Deputy on January 19, 1988, and has faithfully served the County for twenty-five years; and WHEREAS, Mr. Bishop has served the County for twenty-two years as a volunteer EMT with the Bensley-Bermuda Rescue Squad; and WHEREAS, Mr. Bishop has served the County for many years as a First Aid/CPR Instructor, Defensive Driving Instructor, and Instructor Trainer, allowing his knowledge and skill in these areas to be passed on to the employees of the Sheriff's Office and the citizens of Chesterfield County; and WHEREAS, Mr. Bishop was instrumental in creating a Logistics Section for the Sheriff's Office, improving the department's overall operation while using limited resources; and WHEREAS, Mr. Bishop played an integral part in the selection of a new weapon for the Sheriff's Office, enhancing officer safety and improving employee morale; and WHEREAS, Mr. Bishop's desire to do a good job has been a primary factor that has permitted'him to perform at a very high level, while always striving for excellence and going beyond the call of duty. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors recognizes the outstanding contributions of Mr. Arthur L. Bishop and extends on behalf of its members and the citizens of Chesterfield County, their appreciation for his service to the County, their congratulations upon his retirement and their best wishes for a long and happy retirement. Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 8.D.l.c. RECOGNIZING MR. ANDREW GILES NORTON UPON ATTAINING THE RANK OF EAGLE SCOUT On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board adopted the following resolution: 6/28/oo 00-396 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. Andrew Giles Norton, Troop 829, sponsored by Saint Matthias' Episcopal 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, Andrew 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. Andrew Giles Norton and acknowledges the good fortune of the County to have such an outstanding young man as one of its citizens. Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 8.D.l.d. RECOGNIZING MR. ROBERT W. MOSS FOR HIS CONTRIBUTIONS TO CHESTERFIELD COUNTY On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board adopted the following resolution: WHEREAS, Mr. Robert W. Moss, Executive Director of the Midlothian Family YMCA, was born and raised in Chesterfield County; and WHEREAS, Mr. Moss graduated from Thomas Dale High School and from Virginia Commonwealth University; and WHEREAS, Mr. Moss started camping at YMCA Camp Thunderbird in Chesterfield where he held his first position in 1977 at age 13 as the Assistant Horseback Riding Instructor; and WHEREAS, in the ensuing years, through hard work and dedication, Mr. Moss worked his way up at Camp Thunderbird to the position of Director; and WHEREAS, Mr. Moss later transferred to the Midlothian Family YMCA as the Senior Program Director; and WHEREAS, on February 21, 1994, Mr. Moss became the first Executive Director of the Midlothian Family YMCA; and 00-397 s/28/oo WHEREAS, under Mr. Moss's leadership, in June 1997 the outdoor Aquatic and Youth Center opened at Midlothian; and WHEREAS, the Midlothian YMCA now has 1,000 family pool memberships and is a full-facility YMCA; and WHEREAS, it has been through his leadership, vision, organizational skills and tireless work ethic that Mr. Moss has reached each of his positions with the YMCA; and WHEREAS, Mr. Moss is relocating to Central Florida to serve as the YMCA District Vice-President in Orlando; and WHEREAS, we will miss Mr. Moss's dedication and commitment to expanding the work of the YMCA in Chesterfield County. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors expresses appreciation to Mr. Robert W. Moss for his long years of service to the citizens of Chesterfield County, and extends to him best wishes for happiness and continued success in Florida. Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 8.D.l.e. CONFIRMING PROCEEDINGS OF THE CHESTERFIELD INDUSTRIAL DEVELOPMENT AUTHORITY FOR ADDITIONAL FINANCING OF INDUSTRIAL REVENUE BONDS FOR TIDEWATER FIBRE CORPORATION On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board adopted the following resolution: RESOLUTION APPROVING ISSUANCE OF SOLID WASTE DISPOSAL FACILITY REVENUE BONDS FOR TIDEWATER FIBRE CORP. IN AN AMOUNT NOT TO EXCEED $9,000,000 WHEREAS, the Industrial Development Authority of the County of Chesterfield, Virginia (the "Authority") has considered the application of Tidewater Fibre Corp. (the "Company") requesting the issuance of the Authority's solid waste disposal facility revenue bonds pursuant to Chapter 50, Title 15.2 of the Code of Virginia of 1950, as amended, in an amount not to exceed $9,000,000 (the "Bonds") to (i) refund the Authority's $6,200,000 Solid Waste Disposal Facility Revenue Bonds (Tidewater Fibre Corp. Project) Series 1999, and (ii) assist the Company in the financing up to $2,800,000 of additional costs of the acquisition, construction, and equipping of the Company's approximately 60,000 square foot solid waste disposal facility, together with functionally related office space, trailers, road tractors, and handling equipment, for the processing of solid waste, including without limitation discarded paper, plastic, glass, aluminum, metal and newspaper (the "Project") located at 12200 - 12331 Old Stage Road, in the County of Chesterfield, Virginia, and has held a public hearing thereon on Thursday, June 15, 2000. WHEREAS, Section 147(f) of the Internal Revenue Code of 1986, as amended, (the "Code"), provides that the highest elected governmental officials of the governmental units having jurisdiction over the issuer of the industrial development 6/28/00 00-398 bonds and over the area in which any facility financed with the preceeds ef industrial develepment bonds is lecated must approve the issuance ef the bends; and WHEREAS, the Authority issues its bonds on behalf of the County of Chesterfield, Virginia (the "County"); the Project is located in the County of Chesterfield; and the Board of Supervisors of the County of Chesterfield, Virginia (the "Board of Supervisors") constitutes the highest elected governmental unit of the County; and WHEREAS, Section 15.2-4906 of the Code of Virginia of 1950, as amended, (the "Virginia Code") provides that the Board of Supervisors shall within 60 calendar days from the public hearing with respect to industrial development revenue bonds either approve or disapprove the issuance of the Bonds; and WHEREAS, a copy of the Authority's resolution approving the issuance of the Bends, subject te the terms to be agreed upen and a record of the public hearing, and a Fiscal Impact Statement in the form prescribed by Section 15.2-4907 of the Virginia Cede in respect te the non - refunding portien of the Bends have been filed with the Beard ef Supervisors in respect to the Bends; BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF CHESTERFIELD, VIRGINIA: The recitals made in the preambles to this Resolution are hereby adopted as a part of this Resolution. The Board of Supervisors for the County of Chesterfield, Virginia, approves the issuance of the Bonds by the Authority for the benefit of the Company, to the extent required by Section 147(f) of the Code and Section 15.2-4906 of the Virginia Code to permit the Authority to issue the Bonds in order to assist in the financing of the Project. The approval of the issuance of 'the Bonds, as required by Section 147(f) of the Code and Section 15.2- 4906 of the Virginia 'Code, does not constitute an endorsement to a prospective purchaser of the Bonds .or the creditworthiness of the Project or the Company, but, as required by Sections 15.2- 4908 and 15.2-4909 of the Virginia Code, the Bonds shall provide that neither the County of Chesterfield nor the Authority shall be obligated to pay the Bonds or the interest thereon or other costs incident thereto except from the revenues and monies pledged therefore and neither the faith and credit nor the taxing power of the Commonwealth of Virginia, the County of Chesterfield, nor the Authority shall be pledged thereto. This Resolution shall take effect immediately upon its adeptien. Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 00-399 ¢/28/oo 8.D.1 .f. APPROVING CHANGES IN THE SECONDARY SYSTEM OF STATE HIGHWAYS 8.D.l.f.1. FOR OLD FARM ROAD On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board adopted the following resolution: WHEREAS, the Virginia Department of Transportation has provided the Board of Supervisors with a sketch depicting an addition and discontinuance required in the secondary system of state highways as a result of Project 0675-020-144, C502, which sketch is incorporated herein by reference; and WHEREAS, the portion of Old Farm Road, State Route 905, identified to be discontinued no longer serves a public need warranting maintenance at public expense; and WHEREAS, a new road has been constructed that serves the same citizens as that portion of Old Farm Road identified to be discontinued. NOW, THEREFORE BE IT RESOLVED, that the Board of Supervisors requests the Virginia Department of Transportation to add to the secondary system of state highways that portion of road identified by the sketch to be added pursuant to Section 33.1-229, Code of Virginia. AND, BE IT FURTHER RESOLVED, that the Board of Supervisors concurs with the discontinuance as part of the secondary system of state highways, that portion of road, identified by the sketch to be discontinued, pursuant to Section 33.1-150, Code of Virginia. AND, BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 8 . D. 1 . f. 2 FOR WOODS END ROAD AND WALTHALL INDUSTRIAL PARKWAY On motion of Mr. McHate, seconded by Mrs. Humphrey, the Board adopted the following resolution: WHEREAS, a sketch has been prepared for the Board of Supervisors which depicts the addition and abandonment required in the secondary system of state highways as a result of the relocation and construction of the Woods End Road/Walthall Industrial Parkway Project, which sketch is incorporated herein by reference; and WHEREAS, the portion of Woods End Road, State Route 1137, identified to be abandoned no longer serves a public need; and WHEREAS, Walthall Industrial Parkway has been constructed which serves the same citizens as the portion of Woods End Road identified to be abandoned. /28/oo 00-400 NOW, THEREFORE BE IT RESOLVED, that the Board of Supervisors requests the Virginia Department of Transportation to add to the secondary system of state highways the portion of Walthall Industrial Parkway identified by the sketch to be added pursuant to Section 33.1-229,, Code of Virginia. AND, BE IT FURTHER RESOLVED, this Board abandons as part of the secondary system of state highways the portion of Woods End Road identified by the sketch to be abandoned, pursuant to Section 33.1-155, Code of Virqinia. AND, BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. AND, BE IT FURTHER RESOLVED, that the Board of Supervisors does hereby request that the Connnonwealth Transportation Commissioner certify, in writing, that the portion of Woods End Road (Route 1137) hereby abandoned is no longer deemed necessary for uses of the secondary system of state highways pursuant to Section 33.1-154 of the Code of Virginia. Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 8.D.l.f.3. FOR WALTON PARK ROAD A~ NORTH WOOLRIDGE ROAD On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board adopted the following resolution: WHEREAS, a sketch has been ]prepared for the Board of Supervisors which depicts the addition and abandonment required in the secondary system of state highways as a result of the construction of the North Woolridge Road Project, which sketch is incorporated herein by reference; and WHEREAS, the portion of Walton Park Road, State Route 624, identified to be abandoned no longer serves a public need; and WHEREAS, the portion of Walton Park Road to be added, and North Woolridge Road have been constructed which serve the same citizens as the portion of Walton Park Road identified to be abandoned. NOW, THEREFORE BE IT RESOLVED, that the Board of Supervisors requests the Virginia Department of Transportation to add to the secondary system of state highways the portion of Walton Park Road and North Woolridge Road identified by the sketch to be added pursuant to Section 33.1-229, Code of Virginia. AND, BE IT FURTHER RESOLVED, this Board abandons as part of the secondary system of state highways the portion of Walton Park identified by the sketch to be abandoned, pursuant to Section 33.1-155, Code of Virginia. AND, BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. AND, BE IT FURTHER RESOLVED, that the Board of Supervisors does hereby request that the Commonwealth Transportation Commissioner certify, in writing, that the portion of Walton /28/oo 00-401 Park Road {Route 624} hereby abandoned is no longer deemed necessary for uses of the secondary system of state highways pursuant to Section 33.1-154 of the Code of Virginia. Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 8.D.l.g. SUPPORTING ACCESS TO RIVERWALK FROM 1-95 After brief discussion, on motion of Mr. McHale, seconded by Mrs. Humphrey, the Board adopted the following resolution: WHEREAS, a mixed-use project is planned on the east side of Interstate 95 (I-95 just south of Route 895 (Pocahontas Parkway); and WHEREAS, this project is referred to as the Riverwalk Development; and WHEREAS, Fort Darling, part of the Richmond National Battlefield Park, is located just south of the proposed Riverwalk Development; and WHEREAS, both the Riverwalk Development and Fort Darling have limited access; and WHEREAS, improved access to the Riverwalk Development and Fort Darling would provide significant benefits to both sites and to Chesterfield County. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors supports direct access from 1-95 to the proposed Riverwalk Development. Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 8.D.2. REQUEST TO STAGE A FIREWORKS DISPLAY AT THE WOODLAKE PAVILION/AMPHITHEATER On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board approved a request from the Woodlake Community Association to stage a fireworks display at the Woodlake Pavilion/Amphitheater on September 3, 2000 with rain dates of September 4, 2000 or September 9, 2000. Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 8.D.3. APPROVAL OF THE SCHOOL CAPITAL IMPROVEMENT PROGRAM(CIP)REVISIONS FOR FY00 On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board appropriated additional Capital Improvement Management Charges in the amount of $20,000 to the School CIP Fund and transferred $650,000 of the School Reserve for Future Capital Projects from Spring Run Elementary project to the Thomas R. Fulghum project. Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. s/28/oo 00-402 8.D.4. APPROVAL OF EXTENSION OF AI)VANCE FUNDING TO TFR CHESTERFIELD HEALTH CENTER COMMISSION On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board approved the extension of the $700,000 advance to the Chesterfield Health Center Commission from a repayment date of August 1, 2000 to January 15, 2001.. Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 8.D.5. APPROVAL OF CONTRACT FOR THE ROUTE 360 EASTBOUND LANES AT COMMONWEALTH CENT~ PARKWAY WITH APAC, VIRGINIA On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board awarded a contract in the amount of $143,000 to APAC, Virginia for construction of the Route 360 eastbound lanes at Commonwealth Parkway. Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 8.D.7. SET DATE FOR PUBLIC HEARINGS 8.D.7.a. TO CONSIDER THE RELOCATI(~ OF THE CENTRAL ABSENTEE VOTER PRECINCT On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board set the date of July 26, 2000 at 7:00 p.m. for a public hearing to consider an ordinance to relocate the central absentee voter precinct from the 01d Historic Chesterfield Courthouse to the Office of the General Registrar. Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 8.D.7.b. TO CONSIDER APPROVAL OF A ~NO-WAKE" ZONE FOR A PORTION OF LAKE CHESDIN On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board set the date of July 26, 2000 at 7:00 p.m. for a public hearing to consider approval of an application to establish a "No-Wake" zone for a portion of Lake Chesdin. Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 8.D.7.c. TO CONSIDER AN ORDINANCE RELATING TO OFF TRACK BETTING FACILITIES On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board set the date of July 26, 2000 at 7:00 p.m. for a public hearing to consider an ordinance relating to off track betting facilities. Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. /28/oo 00-403 8.D.9. AUTHORIZATION TO ENTER INTO AN AGREEMENT WITH YOUTH MATTERS FOR PARTIAL FUNDING OF THE YOUTH MATTERS PROGRAM COORDINATED BY THE EXTENSION SERVICE On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board authorized the County Administrator to execute an agreement with Youth Matters, subject to approval by the County Attorney, to expand services at the Dupont Square Learning Center and other locations within targeted areas. Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 8.D.10. APPROVAL OF CONSTRUCTION CONTRACT FOR THE RENOVATION OF EXISTING SHELL SPACE INTO TWO NEW COURTROOMS IN THE CIRCUIT COURT BUILDING WITH KENBRIDGE CONSTRUCTION COMPANY On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board authorized the County Administrator to execute a construction contract with Kenbridge Construction Company in the amount of $1,869,000 for the renovation of existing shell space into two new courtrooms in the Circuit Court building. Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 8.D.11. APPROVAL OF CONSTRUCTION CONTRACT AND TRANSFER OF FUNDS FOR THE CONSTRUCTION OF THE SMALL ARMS RANGE MASTER'S AND TRAINING BUILDINGS AT THE PUBLIC SAFETY TRAINING FACILITY ENON WITH BROOKS AND COMPANY GENERAL CONTRACTORS INCORPORATED On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board authorized the County Administrator to execute a construction contract with Brooks and Company General Contractors in the amount of $813,700 and transferred $300,000 from the reserve for future capital projects for the construction of the range master's and training buildings located at the Public Safety Training Facility in Enon. Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 8.D.13. STATE ROAD ACCEPTANCE On motion of Mr. McHale, seconded by Mrs. Humphrey, 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. 6/28/00 00-404 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 Hi.qhways: Addition Basis for Change: Addition, New subdivision street Statutory Reference: §33.1-229 Project: Kingston Avenue, North @ Rivers Bend · Kingston Avenue, State Route Number: 4841 From: Rivers Bend BI., (Rt. 4840) To: Hogans Alley, (Rt. 4835), a distance of: 0.18 miles. Right-of-way record was filed on 6/1/1998 with the Office Of Clerk To Circuit Court in Pb. 3291; Pg. 889, with a width of 60 Ft. And, further, 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, tlhat 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: Addition, New subdivision street Statutory Reference: §33.1-229 Project: Nairn, Sec. 1 · South Happy Hill Road, State Route Number: 4964 From: Branders Bridge Rd., (Rt. 625) To: Lippingham PI, (Rt. 4965), a distance of: 0.30 miles. Right-of-way record was filed on 10/19/1995 with the Office Of Clerk To Circuit Court in Pb. 89; Pg. 10, s/n8/oo 00-405 with a width of 92 Ft. · Nairn Court, State Route Number: 4979 From: Cul-de-sac To: Nairn Ln., (Rt. 4978), a distance of: 0.08 miles. Right-of-way record was filed on 9/16/1998 with the Office Of Clerk To Circuit Court in Pb. 100; Pg. 42, with a width of 50 Ft. · Nairn Lane, State Route Number: 4978 From: Naim Ct., (Rt. 4979) To: Nairn Rd., (Rt. 4977), a distance of: 0.11 miles. Right-of-way record was filed on 9/16/1998 with the Office Of Clerk To Circuit Court in Pb. 100; Pg. 42, with a width of 50 Ft. · Nairn Lane, State Route Number: 4978 From: Nairn Rd., (Rt. 4977) To: Nairn Ct., (Rt. 4979), a distance of: 0.40 miles. Right-of-way record was filed on 9/16/1998 with the Office Of Clerk To Circuit Court in Pb. 100; Pg. 42, with a width of 50 Ft. · Nairn Road, State Route Number: 4977 From: Nairn Ln., (Rt. 4978) To: Nairn Ln., (Rt. 4978), a distance of: 0.07 miles. Right-of-way record was filed on 9/16/1998 with the Office Of Clerk To Circuit Court in Pb. 100; Pg. 42, with a width of 50 Ft. · Nairn Road, State Route Number: 4977 From: South Happy Hill Rd., (Rt. 4964) To: Nairn Ln., (Rt. 4978), a distance of: 0.04 miles. Right-of-way record was filed on 9/16/1998 with the Office Of Clerk To Circuit Court in Pb. 100; Pg. 42, with a width of 70 Ft. And, further, 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 /28/oo 00-406 Virginia Department of Transportation. Tvoe Chan£e to the Secondary System of State Highways: Addition Basis for Change: Addition, New subdivision street Statutory Reference: §33.1-229 Project: Bexley West, Sec. 5 & Portion of Sec. 3 ® Bexley Farms Court, State Route Number: 5089 From: Bexley Farms Dr., (Rt. 5088) To: Cul-de-sac, a distance of: 0.08 miles. Right-of-way record was filed on 6/1/1995 with the Office Of Clerk To Circuit Court in Pb. 88; Pg. 10, with a width of 40 Ft. · Bexley Farms Drive, State Route Number: 5088 From: Bexley Farms Ct., (Rt. 5089) To: Stemwell BI., a distance of 0.06 miles. Right-o[way record ~r section 5 was filed on 6/1/1~5 with me Office Of,Clerk To Circuit Court in Pb. 88, Pg. 10, with a wid~ of ~ Ft. Right-o~way reco~ ~r section 3 was filed on 9/9/1988 with the Office of Clerk To Circuit Couff in PB. 62, Pg. 96, with a width of 40 Ft. · Bexley Farms Drive, State Rome Number: 5088 From: Cul-de-sac To: Bexley Farms Ct., (Rt. 5089), a distance of: 0.03 miles. Right-o~way reco~ was filed on 6/1/1995 with the Office Of Clerk To Circuit Court in Pb. 88; Pg. 10, with a width of 40 Ft. And, further, 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, tlhat 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. 00-407 6/28/oo Basis for Change: Statutory Reference: Project: From: To: Type Chanqe to the Secondary System of State Hiqhways: Addition, New subdivision street §33.1-22g Sandy Brook (~ Brandermill Sandy Brook Lane, State Route Number: 3868 Cul-de-sac .13 Mi. S. of Sandyridge Py., (Rt. 2920) Sandyridge Py., (Rt. 2920), a distance of: 0.13 miles. Addition Right-of-way record was filed on 7/19/1996 with the Office Of Clerk To Circuit Cou~ in Pb. 91; Pg. 37, with a width of 40 Ft. And, further, the Board adopted the following resolution: WHEREAS, the streets described below are shown en plats recorded in the Clerk's Office of the Circuit Court ef Chesterfield County; and WHEREAS, the Resident Engineer for the Virginia Department ef Transportation has advised this Beard the streets meet the requirements established by the Subdivision Street Req~lirements of the Virginia Department ef Transportation. NOW, THEREFORE BE IT RESOLVED, that this Beard requests the Virginia Department of Transportation te add the streets described below te the secondary system ef state highways, pursuant to ~ 33.1-229, Cede ef Virginia, and the Department's Subdivision Street Requirements. AND, BE IT FURTHER RESOLVED, that this Beard guarantees a clear and unrestricted right-el-way, as described, and any necessary easements for cuts, fills and drainage. AND, BE IT FURTHER RESOLVED, that a certified copy ef this resolution be forwarded te the Resident Engineer for the Virginia Department ef Transportation. Type Chanqe to the Secondary System of State Hiqhways: Addition Basis for Change: Addition, New subdivision street Statutory Re.ronco: §33.1-229 Pr~ect: Shady Pointe ~ Brandermill · Shady Pointe CouP, S~te Route Number: 3857 From: Cul-de-sac .08 Mi. W. of Sandyridge Py., (Rt 2920) To: Sandyridge Py., (Rt. 2920), a distance of: 0.08 miles. Right-o~way record was filed on 1/12/1998 with the Office Of Clerk To Circuit Cou~ in Pb. 96; Pg. 94, with a width of 40 Ft. And, further, 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 6/28/00 00-408 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 Chanqe to the Secondary System of State Hi.qhwa¥s: Addition Basis for Change: Addition, New subdivision street Statutory Reference: §33.1-229 Project: Stonebridge, Section 5 · Bridgeside Place, State Route Number: 3835 From: Bridgeside Dr., (Rt. 3950) To: Cul-de-sac, a distance of: 0.10 miles. Right-of-way record was filed on 9/29/1995 with the Office Of Clerk To Circuit Court in Pb. 88; Pg. 92, with a width of 50 Ft. · From: Bridgeside Court, State Route Number: 3833 Cul-de-sac To: Bridgeside Dr., (Rt. 3950), a distance of: 0.10 miles. Right-of-way record was filed on 9/29/1995 with the Office Of Clerk To Circuit Court in Pb. 88; Pg. 92, with a width of 50 Ft. And, further, 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 I!T 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, tlhat 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 Hi.qhways: Basis for Change: Addition, New subdivision street Statutory Reference: §33.1-229 Project: Stonebridge, Section 6 00-409 Addition 6/28/00 · Gatebridge Court, State Route Number: 3955 From: Existing Gatebridge Ct., (Rt. 3955) .03 mi. N of Gatebridge Rd. To: Cul-de-sac, a distance of: 0.02 miles. Right-of-way record was filed on 2/1/1996 with the Office Of Clerk To Circuit Court in Pb. 69; Pg. 84, with a width of 50 Ft. · Gatebridge Place, State Route Number: 3956 From: Existing Gatebridge PI., (Rt. 3956) .03 mi. N of Gatebridge Rd. To: Cul-de-sac, a distance of: 0.05 miles. Right-of-way record was filed on 2/1/1996 with the Office Of Clerk To Circuit Court in Pb. 89; Pg. 84, with a width of 50 Ft. And, further, 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 Hiclhways: Addition Basis for Change: Addition, New subdivision street Statutory Reference: §33.'1-229 Project: Forest View, Section 3 · Frye Terrace, State Route Number: 4507 From: Rollingside Dr., (Rt. 4505) To: Cul-de-sac, a distance of: 0.10 miles. Right-of-way record was filed on 4/8/1994 with the Office Of Clerk To Circuit Court in Pb. 83; Pg. 98, with a width of 50 Ft. · Rollingside Drive, State Route Number: 4505 From: Rollingside Dr., (Rt. 4505) To: Lakeview Rd., (Rt. 626), a distance of: 0.14 miles. Right-of-way record was filed on 4/8/1994 with the Office Of Clerk To Circuit Court in Pb. 83; Pg. 98, with a width of 50 Ft. s/2s/oo 00-410 And, further, 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 of the Virginia Department the Subdivision Street Requirements 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 Vircinia, 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 resolution be forwarded to the Resident Engineer for Virginia Department of Transportation. Type Chan.qe to the Secondary System of State Hi.qhways: Addition Basis for Change: Addition, New subdivision street Statutory Reference: §33.1-229 Project: Forest View, Section 4 · Twisted Oak Terrace, State Route Number: 4509 From: Cul-de-sac To: Twisted Oak Dr., (Rt. 4508), a distance of: 0.10 miles. Right-of-way record was filed on 7/25/1994 with the Office Of Clerk To Circuit Court in Pb. 85; Pg. 9, with a width of 50 Ft. · Rollingside Court, State Route Number: 4503 From: Rollingside Dr., (Rt. 4505) To: Cul-de-sac, a distance of: 0.05 miles. Right-of-way record for section 4 was filed on 7/25/1994 with the Office Of Clerk To Circuit Court in Pb. 85; Pg. 9 Right-of-way record for section 2 was filed on 3/06/1989 with the Office Of Clerk To Circuit court in Pb. 65; Pg. 59 with a width of 50 Ft. · Twisted Oak Drive, State Route Number: 4508 From: Twisted Oak Tr., (Rt. 4509) To: Cul-de-sac, a distance of: 0.03 miles. Right-of-way record was filed on 7/25/1994 with the Office Of Clerk To Circuit Court in Pb. 85; Pg. 9, with a width of 50 Ft. · Twisted Oak Drive, State Route Number: 4508 From: Rollingside Dr., (Rt. 4505) To: Twisted Oak Tr., (Rt. 4509), a distance of: 0.06 miles. Right-of-way record was filed on 7/25/1994 with the Office Of Clerk To Circuit Court in Pb. 85; Pg. 9, with a width of 50 Ft. this the 00-411 s/28/oo And, further, 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 ChanRe to the Secondary System of State Hiqhways: Addition Basis for Change: Addition, New subdivision street Statutory Reference: §33.1-229 Project: McCormick Woods, Section A Fox Hunt Trail, State Route Number: 4495 From: Hampton Av., (Rt. 1315) To: End of section, a distance of: 0.17 miles. Right-of-way record was filed on 12/8/1995 with the Office Of Clerk To Circuit Court in Pb. 89; Pg. 43, with a width of 50 Ft. And, further, 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. /28/oo 00-412 Project: · From: To: Type Chan.qe to the Secondary System of State HiRhways Basis for Change: Addition, New subdivision street Statutory Reference: §33.1-229 Swift Creek Crossing, Section 3 Beaver Spring Place, State Route Number: 4416 Beaver Spring Rd., (Rt. 4405) Cul-de-sac, a distance of: 0.06 miles. Addition Right-of-way record was filed on 9/11/1998 with the Office Of Clerk To Circuit Court in Pb. 100; Pg. 35, with a width of 50 Ft. · Beaver Spring Court, State Route Number: 4417 From: Beaver Spring Rd., (Rt. 4405) To: Cul-de-sac, a distance of: 0.08 miles. Right-of-way record was filed on 9/11/1998 with the Office Of Clerk To Circuit Court in Pb. 100; Pg. 35, with a width of 50 Ft. · Beaver Spring Road, State Route Number: 4405 From: Beaver Spring PI., (Rt. 4416) To: Swift Crossing Dr., (Rt. 4413), a distance of: 0.06 miles. Right-of-way record was filed on 9/11/1998 with the Office Of Clerk To Circuit Court in Pb. 100; Pg. 35, with a width of 50 Ft. · Beaver Spring Road, State Route Number: 4405 From: Beaver Spring Ct., (Rt. 4417) To: Beaver Spring PI., (Rt. 4416), a distance of: 0.09 miles. Right-of-way record was filed on 9/11/1998 with the Office Of Clerk To Circuit Court in Pb. 100; Pg. 35, with a width of 50 Ft. · Beaver Spring Road, State Route Number: 4405 From: Cul-de-sac To: Beaver Spring Ct., (Rt. 4417), a distance of: 0.03 miles. Right-of-way record was filed on 9/11/1998 with the Office Of Clerk To Circuit Court in Pb. 100; Pg. 35, with a width of 50 Ft. · Swift Crossing Drive, State Route Number: 4413 From: Beaver Spring Rd., (Rt. 4405) To: End of Section, a distance of: 0.03 miles. Right-of-way record was filed on 9/11/1998 with the Office Of Clerk To Circuit Court in Pb. 100; Pg. 35, with a width of 50 Ft. · Swift Crossing Drive, State RoUte Number: 4413 From: Existing Swift Crossing Dr., (Rt. 4413) To: Beaver Spring Rd., (Rt. 4405), a distance of: 0~04 miles. Right-of-way record was flied on 9/11/1998 with the Office Of Clerk To Circuit Court in Pb. 100; Pg. 35, with a width of 50 Ft. Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 00-413 s/28/oo 8.D.14. APPROVAL OF LEASE AGREEMENT BETWEEN DEFENSE SUPPLY CENTER RICHMOND AND THE COUNTY OF CHESTERFIELD, VIRGINIA FOR USE OF DEFENSE SUPPLY CENTER RICHMOND PROPERTY UPON WHICH THE COUNTY WILL CONSTRUCT A COMMUNICATION TOWER On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board authorized the County Administrator to execute a contract with the Defense Supply Center Richmond (DSCR) to lease property from DSCR upon which the County will construct a communications tower for the Public Safety Communications System. Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 8.D.15. APPROVAL OF AN AGREEMENT BETWEEN CHESTERFIELD COUNTY AND THEATRE IV TO PRODUCE A MODEL ADOLESCENT VIOLENCE INTERVENTION PROGRAM FOR CHESTERFIELD COUNTY SCHOOLS On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board authorized the County Administrator to execute an agreement with Theatre IV to produce a Model Adolescent Violence Intervention Program for Chesterfield County Schools. Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 8.D.16. APPROVAL OF LEASE OF PROPERTY FOR THE COMMUNITY CORRECTIONS SERVICES DAY REPORTING CENTER On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board approved a lease with Krause Road Properties LLC for office space located at 10111 Krause Road for Community Corrections Services effective July 1, 2002 and authorized the County Administrator to execute the necessary lease agreement, subject to approval by the County Attorney. Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 8.D.17. ACCEPTANCE OF PARCELS OF LAND 8.D.17.a. ALONG THE EAST RIGHT OF WAY LINE OF IRONBRIDGE ROAD AND THE WEST RIGHT OF WAY LINE OF COGBILL ROAD FROM LATANE T. JENKINS AND B. K. KATHERMAN On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board accepted the conveyance of a parcel of land containing 0.026 acres along the east right of way line of Ironbridge Road (State Route 10) and a parcel containing 0.045 acres along the west right of way line of Cogbill Road from Latane T. Jenkins and B. K. Katherman, 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: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 6/28/oo 00-414 8.D.17.b. NORTH OF THE NORTH RIGHT OF WAY LINE OF HUT.T, STREET ROAD FROM MARGAPd~.T B. STIGi~T.?. On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board accepted the conveyance of a parcel of land containing 0.2784 acres from Margaret B. Stigall, 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: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 8.D.17.c. ALONG THE WEST RIGHT OF WAY LINE OF OLD STAGE ROAD FROM TIDEWATER FIBt~ II CORPORATION On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board accepted the conveyance ~of a parcel of land containing 0.17 acres along the west right of way iine of Old Stage Road (State Route 732) from Tidewater Fibre II Corporation, a Virginia corporation, 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: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 8.D.17.d. EAST OF EAST RIGHT OF WAY LINE OF NORTH WOOLRIDGE ROAD FROM C AND G ASSOCIATES, LLC On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board accepted the conveyance iof a parcel of land containing 0.862 acres situated east of the east right of way line of North Woolridge Road {State Route 668) from C and G Associates, LLC, 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: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 8.D.17.e. ALONG THE EAST RIGHT OF WAY LINE OF IRONBRIDGE ROAD FROM LATANE T. JENKINS On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board accepted the conveyance of a parcel of land containing 0.023 acres along the east right of way line of Ironbridge Road (State Route 10) from Latane T. Jenkins, 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: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 8.D.17.f. NORTH OF THE NORTH RIGHT OF WAY LINE OF HULL STREET ROAD FROM HULL STREET ASSOCIATES, L.L.C. On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board accepted the conveyance of two parcels of land containing 0.730 00-415 s/ 8/oo and 0.07 acres from Hull Street Associates, L.L.C., 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: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 8.D.18. REQUEST FOR PERMISSION FROM MARC A. COOK AND MELISSA D. COOK FOR AN EXISTING GRAVEL DRIVEWAY TO ENCROACH WITHIN A FIFTY FOOT RIGHT OF WAY KNOWN AS VILLAGE VIEW DRIVE On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board approved a request from Marc A. Cook and Melissa D. Cook for an existing gravel driveway to encroach within a fifty foot right of way known as Village View Drive, subject to the execution of a license agreement. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 8.D.19. APPROVAL OF AN ENCROACHMENT AGREEMENT WITH VIRGINIA ELECTRIC AND POWER COMPANY FOR CONSTRUCTION OF A SEWER LINE BEING EXTENDED AS PART OF THE MNRA- WALTHALL DEVELOPMENT On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board authorized the County Administrator to execute an encroachment agreement with Virginia Electric and Power Company (VEPCO) for construction of a sewer line within an existing VEPCO easement, subject to approval by the County Attorney. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 8.D.20. CONVEYANCE OF EASEMENTS 8.D.20.a. TO COLUMBIA GAS OF VIRGINIA, INCORPORATED FOR THE EXISTING GAS LINE ON THE COUNTY PROPERTY KNOWN AS THE WALMSLEY BOULEVARD BUS STOP On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute an easement agreement with Columbia Gas of Virginia, Incorporated for the existing gas line on County property known as Walmsley Boulevard Bus Shop. Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 8 .D .20 .b. TO BELL ATLANTIC-VIRGINIA, INCORPORATED FOR INSTALLATION OF FIBER OPTIC CABLE ACROSS COUNTY PROPERTY KNOWN AS THE THOMAS FULGHUM CENTER On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board authorized the Chairman of the Board of Supervisors and the 6/28/00 00-416 County Administrator to execute an easement agreement with Bell Atlantic-Virginia, Incorporated to install fiber optic cable across County property known as the Thomas Fulghum Center. Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 8.D.20.c. TO VIRGINIA ELECTRIC AND POWER COMPANY FOR RELOCATION OFiPOWER LINES IN CONJUNCTION WITH THE GOVERNMENT CENTER ~P~KING AND ROADS PROJECT On motion of Mr. McHale, seconded by Mrs. Humphrey, 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 relocate power lines in conjunction with the Government Center Parking and Roads Project. Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 8.D.21. REQUESTS TO QUITCLAIM 8 .D. 21 . a. A PORTION OF A VARIABLE WIDTH SWM/BMP EASEMENT ACROSS THE PROPERTY OF WILLIAM B. AND GENE H. DUVAL On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board authorized the Chairman ,of the Board of Supervisors and the County Administrator to iexecute a quitclaim deed to vacate a portion of a variable iwidth SWM/BMP easement across the property of William B. and Gene H. DuVal. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 8 .D.21 .b. SIXTEEN FOOT SEWER EASE~.NTS ACROSS THE PROPERTY OF WILLIAM B. AND GENE H. DUVAL On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board authorized the Chairman iof the Board of Supervisors and the County Administrator to execute a quitclaim deed to vacate sixteen foot sewer easements across the property of William B. and Gene H. DuVal. (It !is noted a copy of the plat is filed with the papers of this Board.) Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 8 .D.21.c. A PORTION OF A VARIABLE WIDTH WATER AND SEWER EASEMENT ACROSS PROPERTY OF YVONNE N. GOLD AND CHARLES L. GOLD, TRUSTEES On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute a quitclaim deed to vacate a portion of a variable width water and sewer easement across property of Yvonne N. Gold and Charles L. Gold, as Trustees 00-417 6/2s/oo under the Yvonne N. Gold Revocable Trust Agreement dated August 6, 1998. (It is noted a copy of the plat is filed With the papers of this Board.) Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 8.D.22. APPROVAL OF UTILITY CONTRACT FOR CHESTER VILLAGE GREEN OFFSITE WATERLINE EXTENSION On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board approved the following Utility Contract for Chester Village Green Offsite Waterline Extension - Contract Number 98-0190, which includes 1,371 L.F. ± of sixteen inch water lines: Developer: Contractor: Chester Development Associates, L.C. Castle Equipment Corporation Contract Amount: Estimated Total - $134,416.05 Total Estimated County Cost: Water (Offsite) $48,432.50 (Refund thru connections) Estimated Developer Cost $85,983.55 Code: (Refunds thru connections - Off-site) 5B-5723VO-E4D District: Bermuda (It is noted a copy of the vicinity map is filed with the papers of this Board.) Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 8.D.23. APPROVAL OF CLOSE OUT CHANGE ORDER FOR AUTUMN OAKS WATER LINE EXTENSION On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board approved the Close Out Change Order for the deduction of $37,731.10 for Autumn Oaks Waterline Extension and authorized the County Administrator to execute any necessary documents. (It is noted a copy of the vicinity map is filed with the papers of this Board.) Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 8.D.24. APPROVAL OF AN AWARD RECEIVED FROM THE U.S. DEPARTMENT OF JUSTICE, OFFICE OF COMMUNITY ORIENTR~ POLICING SERVICES FOR A ONE YEAR SUPPLRM~NT TO COPS MORE 98 GRANT On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board authorized the Police Department to accept and appropriate grant funds in the amount of $83,205 received from the U.S. Department of Justice, Office of Community Oriented Policing Services for a one year supplement to the COPS MORE 98 Grant. (It is noted the local match of $43,200 was included in the FY2001 Adopted Budget.) Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 6/28/o0 00-418 8.D.25. TRANSFER OF DISTRICT IMPROVEMENT FUNDS 8.D.25.a. FROM THE CLOVER HILL DISTRICT IMPROVEMENT FUND TO THE TRANSPORTATION DEPARTMENT TO ACQUIRE TWO SIGHT DISTANCE EASEMENTS AND t~EMOVE TWO TREES AT THE HICKS ROAD/LApRADE AVENI~ INTERSECTION On motion of Mr. McHale,~seconded by Mrs. Humphrey, the Board transferred $5,000 from the Clover Hill District Improvement Fund to the Transportation Department to obtain two sight distance easements and remove two trees at the Hicks Road/LaPrade Avenue intersection. Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 8.D.25.b. FROM THE MIDLOTHIAN DISTRICT IMPROVEMENT FUND TO THE TRANSPORTATION DEPARTMENT FOR MAINTENANCE OF STREETLIGHTS TO BE INST~LED IN THE VILLAGE OF BON AIR On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board transferred $1,500 from the Midlothian District Improvement Fund to the Transportation Department for maintenance of streetlights to be installed in the Village of Bon Air. Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 8.D.26. APPROVAL OF CONSTRUCTION CONTRACT AND APPROPRIATION OF FUNDS FOR EC0FF ATHLETIC COMPLEX PHASE I BASEBALL FIELDS On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board authorized the County Administrator to enter into a contract with Richard L. Crowder, Incorporated, in the amount of $120,600 to construct Phase I of Ecoff Athletic Complex and appropriated $30,000 inl cash proffers for the Parks and Recreation Department for the project. Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 8 .D.27. REQUEST FOR PERMISSION FR¢~ DENNIS H. OWENS, JR. AND REBECCA LYNN OWENS TO INSTALL A PRIVATE WATER SERVICE WITHIN A PRIVATE ~SEMENT TO SERVE PROPERTY AT 7759 BELMONT ROAD On motion of Mr. McHale, ,seconded by Mrs. Humphrey, the Board approved a request from Dennis H. Owens, Jr. and Rebecca Lynn Owens to install a private water service within a private easement to serve property at 7759 Belmont Road and authorized the County Administrator to execute the water connection agreement. Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 00-419 6/2s/oo The following item was removed from the Consent Agenda for Board discussion: 8.D.6. APPROVAL OF REQUEST TO WRITE OFF UNCOLLECTIBLE ACCOUNTS RECEIVABLE Mr. Miller expressed concerns relative to the large amounts of uncollectible accounts receivable. Mr. Stegmaier stated that these are accounts where every known opportunity for collection has been exhausted. There was brief discussion relative to the write off for a claim for damages to County facilities as a result of activity by several youth. Mr. Stegmaier stated that, if circumstances were to change, the County could still make collection on the accounts at a later date. Mr. Warren requested that staff track the percentage of delinquent collectibles as it relates to the receivables by department. Mr. Stegmaier stated that the delinquent rate for the Utilities Department is less than one-half of one percent. He further stated that the County's delinquent rate for accounts is measured against industry standards to ensure that the County is within or better than industry standards for that type of account. Mr. Ramsey stated that a very aggressive collections process has been in place for several years involving the Treasurer and the County Attorney's Office. He further stated that State tax refunds can be diverted to the County for delinquent accounts receivable, with the exception of the Mental Health/Mental Retardation area. On motion of Mr. Miller, seconded by Mr. Barber, the Board approved a request to write off uncollectible accounts receivable totaling $837,536.03. Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. The following items were removed from the Consent Agenda for public comment: 8.D.8. INITIATION OF AN APPLICATION FOR REZONING WITH A CONDITIONAL USE PLANNED DEVELOPMENT TO PERMIT USE AND BULK EXCEPTIONS Mr. George Beadles, a resident of the Clover Hill District, stated that he would like to see a policy for the initiation of rezoning proposals by the Planning Commission and Board of Supervisors. He further stated that he feels all cases initiated should be paid for, and if the County initiates the case, it should be funded with District Improvement Funds. He stated that he does not feel R-12 zoning should be requested by the County if the impact on capital facilities cannot be addressed. There was no one else present to speak to the issue. /28/oo O0-A20 Mr. Warren stated that the proposed request represents an opportunity for planned, managed growth. When asked, Mr. Jacobson stated that the proposed request was initiated by Mr. Russell Gulley, Clover Hill District Planning Commissioner. He further stated that the property owner has been seeking rezoning in a piecemeal fashion. He stated that, during the discussion of the initial case for rezoning of a portion of the parent parcel, it became apparent that if the entire property were to be rezoned, the County would have major advantages for improved access at Clover Hill High School, as well as a shared BMP which would accommodate expansion of the school. He further stated that the residents of Southshore Subdivision would also benefit from a better access to their property. He stated that staff feels there was a significant public interest in having the Board initiate the application for rezoning. There was brief discussion relatiw~ to the fee for initiation of rezoning. Mr. Miller expressed concerns relative to loss of revenue and the County's ability to distinguish applications with significant public interest from other applications for rezoning. There was brief discussion relative to the rollback tax consequence being avoided for five years when the Board initiates the application for rezoning. Mr. Barber requested that a policy be prepared for the County's initiation of applications for rezoning for the Board's consideration. Mr. Jacobson stated that Planning staff will prepare a draft policy for the Board's consideration. Mrs. Humphrey stated that the County's initiation of the applicatien will provide the oppertunity te deal with a significant traffic issue in the Clover Hill High Scheol area. Mr. Warren stated that he feels staff has sufficient information to develop a policy for County initiation of applications for rezoning. He further stated that he feels there is sufficient evidence to support the urgency of the requested action. When asked, Mr. Jacobson stated that the only fee that would be affected by the County's initiation of rezoning is the application fee. He further stated that all subsequent costs in terms of site plan or subdivisions would be paid for by the property owner. On motion of Mr. Warren, seconded by Mr. Barber, the Board initiated an application !for rezoning from Agricultural (A) to Neighborhood Business (C-2), Corporate Office (0-2), Residential (R-12) with Conditional Use Planned Development on those tracts plus an existing zoned Neighborhood Business (C-2) tract on property located at 13924 and 13934 Hull Street Road (Tax ID 725-672-Part of 1175 and 726-672-Part of 1039). And, further, the Board appointed Mr. Thomas E. Jacobson, Director of Planning as agent to represent the Board of Supervisors in the application process. Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 6/28/00 00-421 8.D.12. APPROPRIATION OF CASH PROFFER FUNDS TO PRODUCE A PARK AND RECREATION MASTER PLAN Mr. George Beadles, a Clover Hill resident, expressed concerns relative to the expenditure of cash proffer funds to produce a parks and recreation master plan. He stated that he feels the funding should come from the General Fund. There was no one else present to speak to the issue. Mrs. Humphrey expressed concerns as to the Parks and Recreation Plan not being paid for by the General Fund. Mr. Ramsey stated that cash proffer funds have been built into the County's capital improvement program process. He further stated that planning for County facilities, in some cases the acquisition of land, and other up-front costs have been considered appropriate uses of cash proffers. When asked, Mr. Ramsey stated that the request is consistent with the information provided to the General Assembly relative to appropriate uses of cash proffers. Mr. Golden stated that there is funding for the Parks Master Plan two years out in the Capital Improvement Program (CIP). He further stated that both the Parks and Recreation Advisory Commission and the Planning Commission requested that the request for funding of the Master Plan be brought forward prior to the development of the Public Facilities Plan. He stated that the CIP funds set aside in two years for the Master Plan would be available for a project. Mr. Miller stated that he is excited to see the Master Plan being developed. Mr. Miller then made a motion, seconded by Mr. McHale, for the Board to appropriate cash proffer funds in the amount of $50,000 to the Parks and Recreation Department to begin the development of the Department's Comprehensive Master Plan. Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 8.D.25.¢. FROM THE CLOVER HILL DISTRICT IMPROVEMENT FUND TO FOR REPAIR OF A RESIDENTIAL WATER SERVICE LINE ON FOX CHASE DRIVE Mr. George Beadles, a Clover Hill resident, expressed concerns relative to County funds being used for repair of a residential water service line when staff feels the County is not liable. There was no one else present to speak to the issue. When asked, Mr. Micas stated that District Improvement Funds could legally be used for the requested purpose, however staff recommends denial. There was brief discussion relative to another residence on Fox Chase Drive where a water leak at the meter had occurred. 6/28/00 00-422 When asked, Mr. Bryant stated that it is his understanding that the contractor performing work on a County project had agreed on his own to remove a stump from the property located at 3308 Fox Chase Drive. He further stated that he does not feel the County could have created any pressures by cutting on and off the water that would have caused damage to the pipe. Mr. Warren requested that Mr. Dupler explore the possibility of a warranty issue with the damaged pipe. He stated that he feels the property owners' concerns are legitimate and the County should investigate situations such as this to the satisfaction of the property owners. Mr. McHale expressed concerns relative to the private negotiations between the County's contractor and the property owner and stated that he questions the County's responsibility. Mr. Barber stated that he intends to abstain from the vote based on staff's recommendation. Mr. Miller stated that he will support Mr. Warren, but he hopes the County will not continue to approve claims such as this. Mr. Warren expressed the need for the County to con~nunicate with the homeowner from a customer service standpoint. When asked, Mr. Dupler stated that he would meet with the homeowners to determine if the pipe is subject to a recall and, if so, assist them with details on how to pursue a claim. He further stated that it is his understanding that the pipe was original with the construction of the house. When asked, Ms. Smith stated that the house was constructed in 1980 and as far as the owner knew, the pipe was the original one used during the construction. She further stated that she had a plumbing contractor examine the pipe who determined that the pressure rating was 160 PSI. Mr. Warren requested that, if claims arise in the future in areas where the County is doing extensive work in a neighborhood, staff should make every effort to communicate with the property owner and pursue details of the situation. He requested that the iCounty Administrator meet with the property owner relative to their concerns. Mr. Ramsey stated that he will furnish Mr. Warren with a full repert of Risk Management's investigatien of the situation. Since no action was taken the matter is deemed withdrawn. 9. ~ARINGS OF CITIZENSON 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. approved the following reports: Barber, the Board 00-423 s/28/oo A report on Developer Water and Sewer Contracts; and a status report on the General Fund Balance, Reserve for Future Capital Projects, District Improvement Funds, and Lease Purchases. And, further, the following roads were acce'Dted into the State Secondary System: ADDITIONS CENTER PO~NTE PARKWAY (Effective 5/24/2000 LENGTH Center Pointe Parkway (Route 6040) - From Route 754 to 0.33 Mile East Route 754 0.33 Mi ROSEMENT, SECTION E (Effective 5/10/2000) Felbridge Court (Route 5149) - From Route 5148 to Cul-De-Sac 0.08 Mi. Felbridge Way (Route 5148) - From Cul-De-Sac to Route 5147 0 15 Mi Felbridge Way (Route 5148) - From Route 5147 to Route 5149 0 10 Mi Felbridge Way (Route 5148) - From Route 5149 to 0.05 Mile North Route 5149 0 05 Mi Goddingham Court (Route 5158) - From Route 5147 to Cul-De-Sac 0 07 Mi Lastingham Drive (Route 5147) - From 0.04 Mile North Route 5146 to Route 5158 0 04 Mi Lastingham Drive (Route 5147) - From Route 5158 to Route 5148 0 15 Mi Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 10.D. CLOSED SESSION PURSUANT TO SECTION 2.1-344A.7., CODE OF VIRGINIA, 1950, AS AMENDED, TO DISCUSS WITH COUNSEL PROBABLE LITIGATION ARISING FROM THE DECEMBER 18, 1999 WRECK ON OLD BUCKINGHAM ROAD On motion of Mr. Barber, seconded by Mrs. Humphrey, the Board went into a Closed Session pursuant to Section 2.1-344A.7., Code of Virginia, 1950, as amended, to discuss with counsel probable litigation arising from the December 18, 1999 wreck on Old Buckingham Road. Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. /28/oo O0-~2A Reconvening: On motion of Mr. McHale, seconded by Mr. Barber, the Board adopted the following resolution: WHEREAS, the Board of Supervisors has this day adjourned into Closed Session in accordance with a formal vote of the Board and in accordance with the provisions of the Virginia Freedom of Information Act; and WHEREAS, the Virginia Freedom of Information Act effective July 1, 1989 provides for certification that such Closed Session was conducted in conformity with law. NOW, THEREFORE BE IT RESOLVED, the Board of Supervisors does hereby certify that to the best of each member's knowledge, i) only public business matters lawfully exempted from open meeting requirements under the Freedom of Information Act were discussed in .the Closed Session to which this certification applies, and ii) only such public business matters as were identified in the Motion by which the Closed Session was convened were heard, discussed, or considered by the Board. No member dissents from this certification. The Board being polled, the vote was as follows: Mr. McHale: Aye. Mr. Miller: Aye. Mr. Barber: Aye. Mrs. Humphrey: Aye. Mr. Warren: Aye. 11. D INNER On motion of Mr. Miller, seconded by Mr. Barber, the Board recessed to the Administration Building, Room 502, for dinner. Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. Reconvening: 12. INVOCATION Father Bob Kerner, Rectolr of Episcopal Church of Our Savior, gave the invocation. 13. PLEDGE OF ALLEGIANCE TO THE FI~G OF THE UNITED STATES OF AMERICA Eagle Scout Michael ?eteirsen led the Pledge of Allegiance to the Flag of the United States of America. 00-425 6/28/00 14. RESOLUTIONS AND SPECIAL RECOGNITIONS 14.A. RECOGNIZINGMR. MICHAEL CHRISTOPHER PETERSEN UPON ATTAINING THE RANK OF EAGLE SCOUT Mr. Hammer introduced Mr. Michael Peterson who was present to receive the resolution. 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. Michael Christopher Petersen, Troop 885, sponsored by Beach Community Grange, 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, Michael 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. Michael Christopher Petersen and acknowledges the good fortune of the County to have such an outstanding young man as one of its citizens. Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. Mrs. Humphrey presented the executed resolution and patch to Mr. Petersen, accompanied by members of his family, congratulated him on his outstanding achievement, and wished him well in his future endeavors. Mr. Peterson expressed appreciation to the Board for the recognition and also to the Beach Community Grange, God, the Chester YMCA, his parents and scoutmasters for their support. 14.B. RECOGNIZING EGGLESTON KARATE SCHOOL STUDENTS FOR THEIR ACCOMPLISHMENTS AND OUTSTANDING REPRESENTATION OF CHESTERFIELD COUNTY Mr. Kappel introduced Messrs. Curtis Bryant, Sr. and Curtis Bryant, Jr., representing the Eggleston Karate School who were present to receive the resolution. On motion of the Board, the following resolution was adopted: WHEREAS, the Eggleston Karate School is located in Chesterfield County, Virginia; and /28/oo 00-A26 WHEREAS, many Chesterfield County youth, ages 4 through 18, are enrolled in the Eggleston Karate School; and WHEREAS, in April 2000, the AAU State and Regional Karate Championships were held St James River High School and Potomac High School, respectively; and WHEREAS, the students from Eggleston Karate School earned 35 gold, 27 silver ahd 4 bronze medals in the State competition; and WHEREAS, these same students attended the regional competition and earned 52!gold, 35 silver and 17 bronze medals; and WHEREAS, many of th!ese students will participate in the National Competition, to !be held in Richmond in June 2000; and WHEREAS, these students have demonstrated scholastic ability as well as athletic ability, exemplifying the "Sound mind in a sound body" goal; and WHEREAS, Chesterfield County is justifiably proud of the Eggleston Karate School and its students. NOW, THEREFORE BE iIT RESOLVED, that the Chesterfield County Board of Supervis6rs publicly recognizes the Eggleston Karate School and its Students, expresses appreciation for their outstanding representation of Chesterfield County, and wishes them continued success. Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. Mr. Barber presented executed resolutions to Mr. Bryant, Jr., congratulated him upon the accomplishments of the students at Eggleston Karate School,I and wished them success in future endeavors. Mr. Bryant expressed app}eciation 'to the Board, on behalf of the students at Eggleston Karate School, for the recognition. 15. REQUESTS FOR MOBILEiHOME 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 il7 00SN0206 In Midlothian Magisteriali District, WAYNE D. MORRIS AND MORRIS INDUSTRIES, INC. requested rezoning from General Business (C-5) to Agricultural (A) witih Conditional Use and amendment of zoning district map to allow General Business (C-5) uses and steel fabrication. 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 3.0 acres lying approximately 120 feet oiff the terminus of Grove Park Court, s/28/00 00-427 also lying 675 feet east of Grove Road. (Sheet 6). Tax ID 740-707-5822 Mr. Jacobson stated that the applicant has requested to withdraw Case 00SN0206 from consideration. There was no opposition to the withdrawal present. After brief discussion, on motion of Mr. Barber, seconded by Mr. Warren, the Board acknowledged withdrawal of Case 00SN0206. Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 00SN0246 In Bermuda Magisterial District, EDWARD STRICKLAND requested a Mobile Home Permit and amendment of zoning district map to park a mobile home in a Heavy Industrial (I-3) District. The density of this proposal is approximately 2.22 units per acre. The Comprehensive Plan suggests the property is appropriate for general industrial use. This property is known as 8407-A Haven Avenue. Tax ID 796-675-4921 (Sheet 18). Mr. Jacobson presented a summary of Case 00SN0246 and stated that staff recommends approval for seven years, subject to conditions. Mr. Edward Strickland stated that the recommendation is acceptable. There was no opposition present. On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board approved Case 00SN0246 for seven (7) years, subject to the following conditions: The applicant shall be the owner and occupant of the mobile home. o No lot or parcel may be rented or leased for use as a mobile home site, nor shall any mobile home be used for rental property. Only one (1) mobile home shall be permitted to be parked on an individual lot or parcel. The minimum lot size, yard setbacks, required front yard, and other zoning requirements of the applicable zoning district shall be complied with, except that no mobile home shall be located closer than twenty (20) feet to any existing residence. No additional permanent-type living space may be added onto a mobile home. Ail mobile homes shall be skirted but shall not be placed on a permanent foundation. Where public (County) water and/or sewer are available, they shall be used. Upon being granted a Mobile Home Permit, the applicant shall then obtain the necessary permits from the office of Building Inspections. This shall be done prior to the installation or relocation of the mobile home. 00-428 Any violation of thei above conditions shall be grounds for revocation of the M6bile Home Permit. Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 00SN0201 In Clover Hill Magisterial District, POCOSHOCK PROFESSIONAL OFFICES requested rezoning and amendment of zoning district map from Residential (R-7) and Corporate Office (0-2) to Corporate Office (0-2). The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for mixed use corridor use. This r~quest lies on 11.1 acres fronting approximately 850 feet on the east line of Pocoshock Boulevard and lies approximately 35D feet north of Hull Street Road. Tax ID 762-695-6591, 762-6961-6401 and 6412, 763-696-0005 (Sheet 11}. Mr. Jacobson presented al summary of Case 00SN0201 and stated that the Planning CommisSion and staff recommend approval and acceptance of the proffered conditions. He noted that the request conforms to the Route 360 Corridor Plan. Mr. Andy Scherzer, representing the applicant, stated that the recommendation is acceptable. There was no opposition present. After brief discussion, ion motion of Mr. Warren, seconded by Mrs. Humphrey, the Boardl approved Case 00SN0201 and accepted the following proffered Conditions: 1. The public waste waster system shall be used. (U) Prior to any site p~an approval, thirty-five (35) feet of right-of-way on the east side of Pocoshock Boulevard, measured from a rev!ised centerline, based on VDOT urban collector road standards (forty (40) miles per hour) as approved by the Tiransportation Department, shall be dedicated, free and unrestricted, to and for the benefit of Chesterfield County. (T) 0 Direct access from the property to Pocoshock Boulevard shall be limited to two (2) entrances/exits. One (1) access shall be the existing entrance/exit located towards the southern proper~y line, and the other access shall be located towards thel northern property line. The exact location of the northern access shall be approved by the Transportation Department. Prior to any final site plan approval, an access easement, acceptable to the Transportation Department, shall be recorded across the property to allow shared use of both accesses with adjacent properties,i The exact, location shall be approved by the Transportation Department. (T) o To provide an adeqUate roadway system at the time of complete development, the Developer shall be responsible for the following: Construction of additional pavement along Pocoshock Boulevard at each approved access to provide left and right turn lanes, based on Transportation Department standards; /28/oo 00-429 Relocation of the ditch to provide an adequate shoulder along the east side of Pocoshock Boulevard for the entrance property frontage; and Dedication to Chesterfield County, free and unrestricted, any additional right-of-way (or easements) required for the improvements identified above. (T) o Prior to any site plan approval, a phasing plan for the required roadway improvements, as identified in Proffered Condition 4, shall be submitted to and approved by the Transportation Department. (T) o Ail impervious areas shall drain to the southwestern portion of the property. In addition, the drainage system shall be designed to capture runoff from properties to the north, to the extent practical as determined by the Department of Environmental Engineering. (EE) The developer shall be responsible for notifying by registered, certified or first class mail, the property owner of record on file with the Assessor's office for Tax ID 762-696-3727 and 4509, of the submission of any site plan. Such notification shall occur as soon as practical, but in no event less than twenty-one (21) days prior to approval or disapproval of the plan. The developer shall provide the Planning Department with an affidavit that such notice has been sent. (P) (STAFF NOTE: See map attached to "Request Analysis" for location of notification.) o Prior to the issuance of a certificate of occupancy for any building(s) on the Property, the developer shall post signs, in locations visible to the general public, prohibiting trespassing on the site after the hour of 8:00 p.m. (p) (Note: These signs must comply with the requirements of the Zoning Ordinance.) o Landscaping along Pocoshock Boulevard shall, at minimum, comply with the requirements of Section 19-518 (g) (4) of the Zoning Ordinance for Perimeter Landscaping C, Option I. (P) 10. The following uses shall not be permitted: a. funeral homes or mortuaries b. communication towers C · public or private parks, playgrounds and/or athletic fields. (P) Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 00SN0219 In Bermuda Magisterial District, SBA COMMUNICATIONS CORPORATION requested Conditional Use Planned Development and amendment of zoning district map to permit a communications tower plus height and setback exceptions. The density of such amendment 6/28/00 00-430 will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for light industrial use. This request lies in General Industrial (I-2) and Community Bus'ness (C-3) Districts on 2.8 acres, fronting in two (2) place~ for a total of approximately 40 feet on the north line of WeSt Hundred Road, approximately 1,000 feet east of Bermuda Triangle Road. Tax ID 805-653-Part of 9764, 806-654-Part of 30i73, 807-653-Part of 0838 and Part of 2676, 807-654-Part of 0432 and Part of 0860 (Sheet 27). Mr. Jacobson presented al summary of Case 00SN0219 and stated that the Planning Commission and staff recommend approval subject to conditions. He noted that the proposed request conforms to the siting criteria for towers. Mr. Steve Romine, representing the applicant, stated that the recommendation is acceptable. There was no opposition present. On motion of Mr. McHale} seconded by Mr. Barber, the Board approved Case 00SN0219 s~bject to the following conditions: The base of the tower shall be enclosed by a minimum six (6) foot high fence,i designed to preclude trespassing. A detailed plan depicting this requirement shall be submitted to the Planning Department for approval. (P) The tower and equipment shall be designed and installed so as not to interfere with the Chesterfield County Public Safety Trunked System. At the time of site plan review or prior to release of! a building permit, whichever occurs first, the owner/developer shall submit information as deemed necessary by the Chesterfield County Communications and Electronics staff to determine if an engineering study should be performed! to analyze the possibility of radio frequency interference with the County system, based upon tower location and height, and upon the frequencies and effective radiated power generated by tower-mounted equipment. Prior to release of a building permit the study, if required, shall be submitted to, and approved by, the Chesterfield County Communications and Electronics staff. (GS) 0 The developer shall be responsible for correcting any frequency problems Which affect the Chesterfield County Public Safety Trunked System caused by this use. Such corrections shall beimade immediately upon notification by the Chesterfield County Communications and Electronics staff. (GS) The color and lighting system for the tower shall be as follows: a ° The tower shalil be gray or another neutral color, acceptable to the Planning Department. If lighted, lighting during daylight hours shall be limited to medium intensity strobe lights with upward reflectlion and lighting during night time hours shall be limited to soft blinking lights. c. The tower shall be of a monopole design. (P) 0 At such time that the tower ceases to be used for communications purposes for a period exceeding twelve (12) consecutive months, the owner/developer shall dismantle /28/oo 00-431 and remove the tower and all associated equipment from the property. (P) In conjunction with the approval of this request, a forty-nine (49) foot exception to the 150 foot height limitation, a ten (10) foot exception to the 184 foot side yard setback to the south, and a sixty-seven (67) foot exception to the 194 foot rear yard setback requirement, shall be granted. (P) Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 00SN0224 In Matoaca Magisterial District, AMERICAN TOWER LP requested Conditional Use Planned Development and amendment of zoning district map to permit a communications tower and height exception. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for 1 to 5 acre lots. This request lies in an Agricultural (A) District on 32.6 acres fronting approximately 450 feet on the west line of Eanes Road, approximately 3,900 feet north of River Road. Tax ID 765-614-1522 (Sheet 44). Mr. Jacobson presented a summary of Case 00SN0224 and stated that the Planning Commission and staff recommend approval subject to conditions and acceptance of the proffered conditions. He noted that the proposed request conforms to the siting criteria for towers. Mr. Brennan Keene, representing the applicant, stated that the recommendation is acceptable. There was no opposition present. On motion of Mrs. Humphrey, seconded by Mr. McHale, the Board approved Case 00SN0224 subject to the following conditions: The tower and associated improvements shall be generally located as depicted on the plan prepared by Strata Design Services, last revised April 11, 2000, attached to the "Request Analysis" (P) o There shall be no signs permitted to identify this use. o The base of the tower shall be enclosed by a minimum six (6) foot high fence, designed to preclude trespassing. A detailed plan depicting this requirement shall be submitted to the Planning Department for approval. (P) o The tower and equipment shall be designed and installed so as not to interfere with the Chesterfield County Public Safety Trunked System. At the time of site plan review or prior to release of a building permit, whichever occurs first, the owner/developer shall submit information as deemed necessary by the Chesterfield County Communications and Electronics staff to determine if an engineering study should be performed to analyze the possibility of radio frequency interference with the County system, based upon tower location and height and upon the frequencies and effective radiated power generated by tower-mounted equipment. Prior to release of a building permit, the 6/28/oo 00-432 o o 0 o o 10. study, if required, shall be submitted to, and approved by, the Chesterfield County Communications and Electronics staff. (GS) The developer shalI be responsible for correcting any frequency problems which affect the Chesterfield County Public Safety Trunkled System caused by this use. Such corrections shall belmade immediately upon notification by the Chesterfield County Communications and Electronics staff. (GS) The color and lighting system for the tower shall be as follows: a 0 b o c o The tower shalil be gray or another neutral color, acceptable to the Planning Department. If lighted, lighting during daylight hours shall be limited to medium intensity strobe lights with upward reflectiion and lighting during night time hours shall be limited to soft blinking lights. The tower shall be of a monopole design. (P) Ail driveways and parking areas shall be graveled or paved and maintained to m~nimize dust problems and provide ease of ingress and egress. (P) (Note: This condition does not: grant an exception to any Zoning Ordinance idriveway or parking area paving requirement applicable to development of the property.) Any building or mechanical equipment shall comply with Section 19-570 (b) i and (c) and 19-595 of the Zoning Ordinance relative go architectural treatment of building exteriors and screening of mechanical equipment. (P) (NOTE: Section 19-570 (b) and (c) would require screening of mechanical equipment located on the building or ground from adjacent properties and public rights of way. Screening would not be required for the tower or tower-mounted equipment.) At such time that the tower ceases to be used for communications purposes for a period exceeding twelve (12) consecutive months, the owner/developer shall dismantle and remove the toweriand all associated equipment from the property. (P) A minimum 100 foot buffer shall be maintained around the perimeter of the ~ower site. Except for access and utilities which mayi be extended generally perpendicular through this bufferl, existing healthy trees within this buffer having a minimum caliper of 2.5 inches shall be maintained. These! trees shall be supplemented where necessary to minimize the views of the tower and associated equipment from adjacent properties and public rights of way. Additional plantings shall consist of trees of species ha~ing an average minimum mature crown spread of greater than thirty (30) feet and a minimum caliper of 2.5 inches at the time of planting, to achieve minimum density of one (1) tree for each 300 square feet of cleared area. In!conjunction with site plan submission or prior to the reliease of a building permit, whichever occurs first, a landscaping plan depicting this requirement shall be submitted to the Planning Department for review and approval. (P) 00-433 6/28/00 11. In conjunction with the approval of this request, a forty-nine (49) foot exception to the 150 foot height limitation for communications tower shall be granted. (P) And, further, the Board accepted the following proffered conditions: Except as provided herein, if requested by any County fire or safety agency or by any non-commercial fire and/or rescue squad station located within the County which could be served by the proposed communications tower, the Applicants shall permit such agency or station to install its communications equipment on the tower without charge. Such request shall be based upon a specific need for space on the tower, and such request must be made within fifteen (15) years of the date of approval of this Conditional Use Planned Development. Notwithstanding the foregoing, the Applicants shall not be required to provide such space to such agency or station if the Applicants submit an engineering study to the Planning Department confirming that (i) the tower cannot structurally support the agency's or station's equipment, taking into account existing equipment on the tower, equipment that the Applicants are committed to install on the tower, and other relevant factors, including space on the ground for equipment that supports tower-mounted equipment, or (ii) the tower cannot accommodate the agency's or station's equipment because of technical constraints due to potential frequency interference between the agency's or station's equipment and equipment installed or to be installed on the tower. (P) Notwithstanding any other conditions imposed as part of this conditional use planned development, the Applicant shall be permitted to install on the Property a temporary telecommunications tower with associated equipment. Any temporary tower shall only be permitted for a one-time period of sixty (60) days from the date that the temporary tower is placed or installed on the Property. The Applicant shall provide the Planning Department with written notice of the date of the placement or installation of the temporary tower within one week of such placement or installation. The exact location and type of temporary telecommunications tower shall be approved by the Planning Department but may include the use of (i) a wooden pole with antennas installed on the pole or (ii) a device commonly known as a cell on wheels. (P) Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 00SN0240 In Bermuda Magisterial District, J. K. TIMMONS 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 residential use of 2.51 to 4.0 units per acre. This request lies on 259 acres fronting approximately 4,500 feet on the east line of Branders Bridge Road, approximately 400 feet south of South Happy Hill Road and at the western termini of Hickory Glen and Twin Cedars Roads. Tax ID 786-642-8969 (Sheet 34). 6/28/00 00-434 Mr. Jacobson presented a summary of Case 00SN0240 and stated that the Planning Commission and staff recommend approval and acceptance of the proffered conditions. He noted that the request conforms to the Southern and Western Area Plan. Mr. Oliver "Skitch" Rudy, representing the applicant, stated that the recommendation is acceptable. Due to someone being present to speak to the Case, it was moved to Item 17., Remaining Mobile Home Permits and Zoning Requests. 00SN0241 In Bermuda Magisterial District, CHESTERFIELD POLICE AND CHESTERFIELD FIRE DEPARTMENTS requested Conditional Use Planned Development and amendment of zoning district map to permit height and setback exceptions for a communications tower. 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 Heavy Industrial (I-3) District on 0.8 acre lying approximately 1,200 feet off the south line of Bellwood Road, approximately 230 feet east of Haven Avenue. Tax ID 798-676-Part of 9824 (Sheet 18). Mr. Jacobson presented a summary of Case 00SN0241 and stated that the Planning Commission and staff recommend approval subject to conditions. He noted that the proposed request conforms to the siting criteria for towers. Mr. Robert Eanes, representing the applicant, stated that the recommendation is acceptable. There was no opposition present. On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board approved Case 00SN0241 subject to the following conditions: The base of the tower shall be enclosed by a minimum six (6) foot high fence, designed to preclude trespassing. A plan depicting this requirement shall be submitted to the Planning Department for approval in conjunction with final site plan review or prior to the release of a building permit, whichever occurs first. (P) o The tower and equipment shall be designed and installed so as not to interfere with the Chesterfield County Public Safety Trunked System. At the time of site plan review or prior to the release of a building permit, whichever occurs first, the owner/developer of equipment that is not part of the County system shall submit information as deemed necessary by the Chesterfield County Communications and Electronics staff to determine if an engineering study should be performed to analyze the possibility of radio frequency interference with the County system, based upon tower location and iheight and upon the frequencies and effective radiated power generated by tower-mounted equipment. Prior to release of a building permit, the study, if required,i shall be submitted to, and approved by, the Chesterfield! County Communications and Electronics staff. (GS) The owner/developer of equipment that is not part of the County system shall be responsible for correcting any 00-435 6/28/00 frequency problems which affect the Chesterfield County Public Safety Trunked System caused by their equipment. Such corrections shall be made immediately upon notification by the Chesterfield County Communications and Electronics staff. (GS) The color and lighting system for the tower shall be as follows: The tower shall be gray or another neutral color, acceptable to the Planning Department. If lighted, lighting during daylight hours shall be limited to medium intensity strobe lights with upward reflection and lighting during night time hours shall be limited to soft blinking lights. (P) o At such time that the tower ceases to be used for communications purposes for a period exceeding twelve (12) consecutive months, the owner/developer shall dismantle and remove the tower and all associated equipment from the property. (P) o With the approval of this request, a 263 foot exception to the 150 foot height limitation, a 328 foot exception to the 378 foot side yard setback to the north and a 318 foot exception to the 378 foot side yard setback to the west shall be granted. (P) Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 00SN0218 In Matoaca Magisterial District, OTTERDALE DEVELOPMENT COMPANY, LLC requested rezoning and amendment of zoning district map from Agricultural (A) to Residential (R-12) with Conditional Use Planned Development to permit bulk exceptions plus recreational use. Residential use of up to 3.63 units per acre is permitted in a Residential (R-12) District. The Comprehensive Plan suggests the property is appropriate for residential use of 2.0 units per acre. This request lies on 342.8 acres fronting in two (2) places for a total of 2,150 feet on the west line of Otterdale Road, approximately 1,000 feet north of Broadmoore Road. Tax ID 709-684-Part of 1511 and 709-685-5232 (Sheet 9). Mr. Jacobson presented a summary of Case 00SN0218 and stated that the Planning Commission and staff recommend approval and acceptance of the proffered conditions. He noted that the request conforms to the Upper Swift Creek Plan. Mr. JOhn Easter, 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 00SN0218 and accepted the following proffered conditions: Limitation on Number of Dwellings. The overall number of dwellings for the entire Property shall not exceed six hundred seventy-five (675) units. (P) /28/oo O0-A3~ o o Transportation. Dedications. In conjunction with the recordation of the first subdivision plat, the following rights of way shall be dedicated, free and unrestricted, to and for the benefit of Chesterfield County: forty-five (45) feet of right of way on the west side~ of Otterdale Road, measured from the centerline of that part of Otterdale Road immediately adjacent to the Property; ii. a two hundred (200) foot wide right of way for a limited access facility (Powhite Parkway Extended) through the northwest corner of the property--the exact location of such right of way to be approw~d by the Transportation Department; provided that there shall be no such requirement to dedicate such right of way if an alternative location for Powhite Parkway Extended is approved by the Board of Supervisors; and iii. any right-of-way (or easements) required for the transportation improvements specified in proffered condition 2c. Access. Direct access from the property to Otterdale Road shall be limited to two (2) public roads. The exact location of these accesses shall be approved by the Transportation Department. C · Road Improvements. To provide an adequate roadway system, the developer shall be responsible for the following: Construction of additional pavement along Otterdale Road at each access to provide separate left and right turn lanes, if warranted based on Transportation Department standards; and ii. Relocation of the ditch line to provide an adequate shoulder along the west side of Otterdale Road for the entire property frontage. do Phasing Plan. Prior to any road and drainage plan approval, a phasing plan for the required improvements specified in .proffered condition 2c shall be submitted to, and approved by, the Transportation Department:. Setback for Sound. A two hundred (200) foot setback, exclusive of required yards, shall be provided from any right of way for Powhite Parkway Extended. Natural vegetation shall be retained within this setback area, unless removal of the vegetation is approved by the Planning Commission. (T) Minimum Square Foo%age. Minimum gross floor area for homes shall be as follows: a. 1 story 1,800 square feet b. More than 1 story 2,000 square feet 00-437 s/~8/oo Recreation Areas. Recreation areas totaling a minimum of five (5) acres shall be provided within the development and shall include, but not be limited to, tennis courts, a picnic pavilion, benches, a tot lot, and a pedestrian trail along that portion of the property that directly adjoins Otterdale Branch. Such recreation areas shall be subject to the following requirements: a 0 With the exception of playground areas which accommodate swings, jungle gyms, or similar facilities and tennis courts, all outdoor play fields, swimming pools and similar active recreational areas shall be located a minimum of one hundred (100) feet from adjacent properties zoned or designated on the County's Comprehensive Plan for residential use, a minimum of one hundred (100) feet from any existing or proposed single family residential lot line, and a minimum of fifty (50) feet from any existing or proposed road; <P) bo Within the one hundred (100) and fifty (50) foot setbacks, a fifty (50) foot buffer shall be provided along the perimeter of all active recreational facilities except where adjacent to any existing or proposed road. This buffer shall conform to the requirements of Section 19-521 (a) through (h) and 19-522(a) (2) of the Zoning Ordinance for fifty (50) foot buffers; (P) C · Any playground areas (i.e. areas accommodating swings, jungle gyms or similar such facilities) and tennis courts shall be located a minimum of forty (40) feet from all property lines. A forty (40) foot buffer shall be provided along the perimeter of these recreational facilities except where adjacent to any existing or proposed roads. This buffer shall conform to the requirements of Sections 19-521 (a) through (h) and 19-522(a) (2) of the Zoning Ordinance for fifty (50) foot buffers. (P) do Nothing within this condition shall prevent development of indoor facilities and/or parking within the one hundred (100) foot setback; (P) e o There shall be no outside public address system or speakers; (P) f o Exterior lighting for recreational uses shall comply with Section 19-573 of the Zoning Ordinance, and the maximum height for light posts shall not exceed twenty (20) feet. (P) The location of all active recreational uses shall be identified in conjunction with the submittal of the first tentative subdivision plan; (P) ho In conjunction with the recordation of any lot adjacent to active recreational area<s), such area(s) shall be identified on the record plat along with the proposed recreational uses and required conditions; and (P) A common area or easement across individual lots for a pedestrian trail shall be provided along Otterdale Branch within that portion of the property that directly adjoins Otterdale Branch, extending west from Otterdale Road for approximately three thousand five hundred (3500) feet. Unless otherwise requested by the applicant and approved by the Parks and /28/oo 00-438 0 o o o Recreation Department at time of tentative subdivision review, a pedestrian trail having a minimum width of four (411 feet shall be constructed within and for the entire length of such easement or common area, ~except that, at the option of the applicant, such construction of the trail may terminate at points not more than two hundred (200) feet from the eastern and western limits of this linear easement or common area. Such trail shall be maintained by a homeowners association. (P&R) Public Utilities. The public water and wastewater systems shall be used. (U) Timbering. With the exception of timbering to remove dead or diseased trees which has been approved by the Virginia State Department of Forestry, there shall be no timbering until a land disturbance permit: has been obtained from the Environmental Engineering Department and the approved devices installed %n accordance with the Forestry Best Management Practices for Water Quality in Virginia. (EE) Severance. The unenforceability, elimination, revision or amendment of any proffer set forth herein, in whole or in part, shall not affect the va]_idity or enforceability of any of the other proffers or the unaffected part of any such proffer. (P) Drainage. The developer shall make provisions to ensure the adequacy of theiculvert under Otterdale Road between Benmore Road and Inchcape Road to handle a 10-year storm. Such provisions may, at the election of the developer, include (a) retaining water onsite or diverting water, to ensure the adequacy of the existing culvert; (b) enlarging the existing culvert, analyzing the two downstream ponds andi, if necessary, making improvements to those ponds as approved by Environmental Engineering; or (c) other necessary improvements approved by Environmental Engineering. (EE) Cash Proffer. ?riorlto the time of issuance of a building permit for each new dwelling unit, the applicant, subdivider, or its assignee, shall pay to the County of Chesterfield the following amounts for infrastructure improvements within the service district for the Property: For all residential units except those designated as age-restricted units in accordance with paragraph (b): if payment is made prior to July 1, 2000, $6200; or ii. if payment is made after June 30, 2000, the amount approved by the Board of Supervisors, but not to exceed tlhe $6200 per dwelling unit as adjusted upward by any 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; or For all residential units designated for senior housing, the units of which meet the occupancy requirements for "age 55 or over" housing as set forth in section 3607 of the Fair Housing Act, 42 USC Section 3601 et seq., as amended by the Fair Housing Amendments Act of 1988, and of 24 CFR Section 100.304 in effect as of the date of the rezoning, and which are subject to the occupancy 00-439 /28/oo 10. 11. 12. requirement that no person under 19 shall reside in such unit: if payment is made prior to July 1, 2000, $3093, to be allocated among the facility costs as follows: $660 for parks, $264 for library facilities, $251 for fire stations, and $1918 for roads; or ii. If payment is made after June 30, 2000, the amount approved by the Board of Supervisors, but not to exceed the $3093 per dwelling unit as adjusted upward by any 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, to be allocated pro-rata among the facility costs as specified in (b)(i). If any of the cash proffers are not expended for the purposes designated by the Capital Improvement Program within fifteen (15) years from the date of payment, they shall be returned in full to the payor. Should Chesterfield County impose impact fees at any time during the life of the development that are applicable to the Property, the amount paid in cash proffers shall be in lieu of or credited toward, but not be in addition to, any impact fees, in a manner determined by the County. (B&M) Senior Housing. At the time of recordation of the subdivision, any dwellings designated for senior housing shall be noted on the record plat. Lots containing such dwellings shall be grouped together as part of the same development section(s). (P, B&M) Lot Location. Lots containing less than ninety (90) feet of lot width shall be grouped together as part of the same development section(s) to promote a coordinated uniform development pattern; however, at the time of tentative subdivision review, lots containing less than ninety (90) feet of lot width may be located within other parts of this development provided they are integrated among other lots so as to produce a visual blending whereby differences in lot widths within the immediate vicinity of such smaller lots are not readily perceived. (P) A maximum of fifty (50) single family residential building permits shall be issued for 2001. A cumulative maxmmum of 100 single family residential building permits shall be zssued for 2002. A cumulative maximum of 150 single family residential building permits shall be issued for 2003 A cumulative maximum of 200 single family residential building permzts shall be ~ssued for 2004 A cumulative maximum of 250 smngle family residential building permits shall be zssued for 2005 A cumulative maxzmum of 300 smngle family residential building permits shall be issued for 2006 A cumulative maxmmum of 350 smngle family resmdential building permits shall be zssued for 2007 A cumulative maxzmum of 400 single family residential building permmts shall be issued for 2008 /28/oo 00-440 A cumulative maximum of 450 single family residential building permits shall be zssued for 2009. A cumulative maxzmum of 500 single family residential building permits shall be issued for 2010. A cumulative maximum of 550 single family residential building permits shall be issued for 2011. A cumulative maximum of 600 single family residential building permits shall be issued for 2012. A cumulative maximum of 650 single family residential building permits shall be issued for 2013. (P) Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 00SN0223 In Matoaca Magisterial District, AMERICAN TOWER LP requested Conditional Use Planned Development and amendment of zoning district map to permit a communications tower plus a height exception. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for rural conservation use. This request lies in an Agricultural (A) District on 10.2 acres fronting approximately 65 feet on the west line of Hull Street Road, approximately one (1) mile west of Skinquarter Road. Tax ID 686-666-3094 (Sheet 14). Mr. Jacobson presented a summary of Case 00SN0223 and stated that the Planning Commissmon and staff recommend approval subject to conditions and acceptance of the proffered conditions. He noted that the proposed request conforms to the siting criteria for towers. Mr. Brennan Keene, representing the applicant, stated that the recommendation is acceptable. There was no opposition present. Mrs. Humphrey recognized the landowner, Mrs. Hawkins and her son who were present aE the meeting. After brief discussion, Mrs. Humphrey then made a motion, seconded by Mr. McHale, for the Board to approve Case 00SN0223 subject to the followinglconditions: There shall be no signs permitted to identify this use. (P) The base of the tower shall be enclosed by a minimum six (6) foot high fence,! designed to preclude trespassing. A detailed plan depicting this requirement shall be submitted to the Planning Department for approval. (P) o The tower and equipment shall be designed and installed so as not to interfere with the Chesterfield County Public Safety Trunked System. At the time of site plan review or prior to release of a building permit, whichever occurs first, the owner/developer shall submit information as deemed necessary by the Chesterfield County Communications and Electronics staff to determine if an engineering study 6/z8/00 00-441 o o o o 10. 11. should be performed to analyze the possibility of radio frequency interference with the County system, based upon tower location, height and upon the frequencies and effective radiated power generated by tower-mounted equipment. Prior to release of a building permit, the study, if required, shall be submitted to, and approved by, the Chesterfield County Communications and Electronics staff. (GS) The developer shall be responsible for correcting any frequency problems which affect the Chesterfield County Public Safety Trunked System caused by this use. Such corrections shall be made immediately upon notification by the Chesterfield County Communications and Electronics staff. (GS) The color and lighting system for the tower shall be as follows: a o The tower shall be gray or another neutral color, acceptable to the Planning Department. bo If lighted, lighting during daylight hours shall be limited to medium intensity strobe lights with upward reflection and lighting during night time hours shall be limited to soft blinking lights. c. The tower shall be of a monopole design. (P) Ail driveways and parking areas shall be graveled or paved and maintained to minimize dust problems and provide ease of ingress and egress. (P) (Note: This condition does not grant an exception to any Zoning Ordinance driveway or parking area paving requirement applicable to development of the property.) Any building or mechanical equipment shall comply with Sections 19-570 (b) and (c) and 19-595 of the Zoning Ordinance relative to screening of mechanical equipment and architectural treatment of building exteriors. (P) (NOTE: Section 19-570 (b) and (c) would require the screening of mechanical equipment and junction and accessory boxes located on the building or ground from adjacent properties and public rights of way. Screening would not be required for the tower or tower-mounted equipment.) At such time that the tower ceases to be used for communications purposes for a period exceeding twelve (12) consecutive months, the owner/developer shall dismantle and remove the tower and all associated equipment from the property. (P) In conjunction with the approval of this request, a forty-nine (49) foot exception to the 150 foot height limitation shall be granted. (P) The tower and associated improvements shall be located as generally shown on the plan prepared by HDR Engineering Inc., dated 2/28/00, attached to the "Request Analysis" (P) A minimum 100 foot buffer shall be maintained around the perimeter of the tower site. Access and utilities for this use, which may be extended generally perpendicular through this buffer and the existing improvements shown on the plan referenced in Condition 10, shall be permitted in /28/oo O0-AA2 this buffer. Within this buffer, existing healthy trees having a minimum caliper of 2.5 inches, shall be maintained. These ~trees shall be supplemented where necessary to minimize the views of the tower and associated equipment from adjacent properties and public rights of way, except that supplemental landscaping shall not be required between the driveway and the mobile home. Rather, in the area surrounding the mobile home and driveway, supplemental landscaping shall be required between the property line and the improvements stated herein. Additional plantings shall consist of trees of species having an average minimum mature crown spread of greater than thirty (30) feet and a minimum caliper of 2.5 inches at the time of planting, to achieve minimum density of one (1) tree forleach 300 square feet of cleared area, except between the driveway and the mobile home as discussed herein. In conjunction with site plan submission, or prior to the release of the building permit, whichever occurs first, a landscaping plan depicting this requirement shall be submitted to the Planning Department for review and approval. (P) And, further, conditions: the Board accepted the following proffered Except as provided herein, if requested by any County fire or safety agency or by any non-commercial fire and/or rescue squad station located within the County which could be served by the !proposed communications tower, the Applicants shall permit such agency or station to install its communications equipment o:n the tower without charge. Such request shall be based upon a specific need for space on the tower, and such request must be made within fifteen (15) years of the date of approval of this Conditional Use Planned Development Notwithstanding the foregoing, the Applicants shall not be required to provide such space to such agency or station if the Applicants submit an engineering study to the Planning Department confirming that (i) the tower cannot structurally support the agency's or station's equipment, taking into account existing equipment on the tower, equipment that the Applicants are com~itted to install on the tower, and other relevant factors, including space on the ground for equipment that supports tower-mounted equipment, or (ii) the tower cannot accommodate the agency's or station's equipment because of technical constraints due to potential frequency interference between the agency's or station's equipment and equipment installed or to be installed on the tower. (P) Notwithstanding any other conditions imposed as part of this conditional use planned development, the Applicant shall be permitted to install on the Property a temporary telecommunications tower with associated equipment. Any temporary tower shall only be permitted for a one-time period of sixty (60) days from the date that the temporary tower is placed or installed on the Property. The Applicant shall provide the Planning Department with written notice ofl the date of the placement or installation of the! temporary' tower within one week of such placement or installation. The exact location and type of temporary telecommunications tower shall be approved by the Planning Department but may include the use of (i) a wooden pole with antennas installed on the pole or (ii) a device commonly known as a cell on wheels. (P) Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 00-443 6/28/00 16. PUBLIC HEARINGS 16.A. TO CONSIDER PROPOSED VAN SERVICE Mr. Stith stated that this date and time has been advertised for a public hearing to consider the proposed van service which is intended to connect people with jobs and to provide service for the elderly, disabled and those without other methods of transportation. He further stated that some years ago the County purchased 50 percent of the Greater Richmond Transit Company (GRTC). He recognized Mr. Rollo Axton and Mr. Freddie Fuller, representing GRTC who were present at the meeting. He also recognized Mr. David Mathews and Mr. Danny Smith, two of the County's three appointees to the GRTC Board of Directors. He stated that Senators John Watkins and Henry Marsh proposed legislation in an addendum to the Appropriations Act that gave approximately $5.3 million to Central Virginia to develop a study to propose public transportation. He further stated that in April 1999 staff contracted with a consultant to assist with the development of a proposed pilot transportation project. He stated that in December 1999 Mr. Ramsey presented the staff's recommendations for the development of a two-year pilot transportation program. He further stated that staff has met with numerous civic organizations and citizen groups in an effort to promote the County's pilot program. He further stated that the proposal develops transportation service on both Midlothian Turnpike and Jefferson Davis Highway; establishes two express routes connecting to center-city of Richmond; allows for a three-quarter mile deviation for the elderly and disabled upon 24-hour notice; allows transfer of riders from the GRTC regular routes to the County's system; provides an additional route from Route 10 at Jefferson Davis Highway to the Courthouse area and Airport Industrial Park. He stated that staff recommends the use of approximately twenty 25-passenger vans for the proposed service which will be equipped to handle the disabled. Mr. Miller expressed concerns relative to the possibility of delivering disabled citizens within the three-qDarter mile deviation from the proposed route to their required destination and the length of travel time necessary for the elderly and disabled to reach their destination. When asked, Mr. Stith stated that at this time the County's proposal does not call for prospects to expand the service to other areas. He further stated that the cost of the vans is approximately $850,000 which was provided for by the General Assembly. He stated that the cost to maintain the service is approximately $2.2 million per year, $300,000 of which will be provided by van fares. Mr. Miller expressed concerns relative to assurance of extension of funding beyond the two year pilot program by the General Assembly. Mr. Ramsey stated that Senator John Watkins made a budget amendment request at this year's General Assembly session for extension of funding. Mr. Miller expressed concerns relative to the possibility of discontinuing the service before the two year time period if it did not appear to be working well. 6/28/oo 00-A44 There was brief discussion relative to van service along Chippenham Parkway. Mr. Stith expressed appreciation to Mr. McCracken and Mr. Jim Banks for their efforts towards the van proposal. Mr. Warren stated that the Board could establish adjustments to the proposed plan. He recognized Senator John Watkins who was present at the meeting iand expressed appreciation for his efforts towards the funding of the pilot project. Senator Watkins stated that he feels the proposal is a step forward for the entire community. He further stated that transit systems have reached to every metropolitan area across the nation and provide equal access for all to amenities. He commended staff on the proposal that has been brought forward and stated that he feels it will help the citizens of the County. Mr. Miller questioned Senator Watkins as to what assurances he can give that additional funding will be approved by the General Assembly. Senator Watkins stated that all of the funds being used for the pilot program are designated for mass transit. He further stated that more funds were designated to mass transit by the General Assembly this year than ever before in the history of the Commonwealth. He stated that he feels the General Assembly intends to see that those commitments are followed through on. He further stated that the General Assembly has committed for two years of funding and the adopted budget amendment reads for a continuation of the funding. He stated that the budget can only be approved every two years. He further stated that, as long as he is a member of the General Assembly, he will commit to attempt to insure that the funding is maintained. Mr. Jonathan Pride, a disabled resident of the Dale District, stated that door-to-deer para-transit transportation would allow him te attend classes at cermmunity college, go te the mall, attend community meetings, and be more accessible to medical appointments. Mr. Lawrence Stith, a disabled resident of Petersburg who plans te move to Richmond in the near future, stated that he supports the proposed public transportation service. Ms. Cheryl Turner stated that public transportation would allow her and other disabled citizens to be more independent. Ms. Joan Thompson stated that the public transportation proposal would provide her with a means to leave her home. Ms. Violet Marshall, a Chesterfield resident of eight years, stated that door-to-door itransportation would help her to live independently. She expressed appreoiation to the Chesterfield Independent Living Center for their support of the disabled. Ms. Robin Hoerber, Chairman of the Disability Services Board (DSB), provided a background of the DSB and stated that over 500 volunteers serve on Virginia's DSB's. She further stated that it is imperative that disabled individuals be provided door to door transportation service. She stated that she has had to turn down employment opportunities downtown because she was not able to get reliable transportation. She expressed /28/oo 00-445 support of the County's proposal and stated that she considers it a small step forward in implementing the long term solution to the transportation needs of citizens with disabilities and the elderly. Ms. Anne McKenney, a member of the DSB, presented the Board with petitions signed by over 400 people who are in need of public transportation service. Ms. Joyce Saunders, a Midlothian District resident and coordinator for the Chesterfield Central Virginia Independent Living Center, stated that para-transit would provide affordable transportation for people on fixed incomes and allow the opportunity for improving quality of life. Ms. Pauline Hannah, a consumer of the Central Virginia Independent Living Center, stated that she lives independently with some limitations. She further stated that para-transit would help with her mental stability and independence. Mr. Kam Sin, a Cambodian refugee, stated that he feels the service will be good for the community. He further stated that he feels the time for the service should be extended to allow young people to travel to and from jobs after school. Mr. Jay Lafler, representing the Friends of Regional Transit Service, stated that he feels the proposed van service will offer greater choices in shopping, employment and entertainment. He urged the Board to move quickly on the proposal and stated that, with any pilot program, there are issues that will need to be considered during the pilot time period. Ms. Glenda Coleman stated that citizens with limitations should have a right to enjoyment of life. She further stated that she supports the public transportation proposal. Ms. Rebecca Melton, a resident of the Dale District, stated that she has not heard a strong desire for the businesses or general population of the County to have such a service. She expressed concerns relative to the lengthy van routes, questionable use of the vans, and future funding responsibilities. She stated that she has heard a loud cry from the disabled population for para-transit service. She suggested that the County modify its proposal by purchasing fewer vans; provide a trial run along the original proposed route for the working population in the early morning and late afternoon hours; and provide door to door service for the disabled in between those times. Mr. Joe Cacciotti, a resident of the Midlothian District, stated that he has no need for the proposed van service. He expressed concerns relative to the County's role in the daily/monthly operations of the proposed service; locating bus stops in compliance with State laws; advertisements on the vans; trash facilities at bus stops; and who will decide upon the placement of the bus stops. Mr. Jerry Harwell, a Dale District resident, expressed concerns relative to the number of vans being purchased and the cost of the vans. He stated that the proposal may be a "feel good" project, but he does not feel it is economically feasible. He further stated that he feels the Board should consider the project further before approving the expenditure of funds. 6/28/00 00-446 Ms. Anne McKenney, representing the Virginia Mid-Atlantic Chapter of the Paralyzed Veterans of America, stated that there is a great need for transportation for the disabled. She stated that it is imperative that para-transit service be provided for the elderly and disabled in the community. Ms. Nayota Gusler, a resident of the Clover Hill District, stated that the proposed van service will help the environment by decreasing air pollution through carpooling. Mr. T. K. Somanath, Executive Director of Better Housing Coalition, stated that the Better Housing Coalition is in favor of the proposed van service. He further stated that he feels it is a giant step in meeting the regional transportation needs in the community. Mr. Charlie Ellis, a Midlothian District resident, stated that he enjoys riding the transit system to his job downtown and it allows him to save his automobiles for longer periods of time. He further stated that he feels the County should approach the pilot program with an open mind about where it can lead. Ms. Fannie Mallory, a disabled resident of Chesterfield County, stated that she experienced difficulty receiving transportation to MCV Hospital where she received radiation every day for three months. She further stated that the van service would be of great benefit to many County residents. Ms. Kim Stagg, a resident~of Winchester Greens, stated that she supports the proposed van service. Mr. Niles Carter, a resident of Winchester Greens, stated that he supports the proposed~van service. He further stated that he feels the time for the service should begin earlier to allow residents who begin work at 7:00 a.m. to arrive on time. Mr. Warren stated that he received a letter from the President of Johnston-Willis Hospital endorsing the County's proposal. Ms. Hope Moore stated that she supports the proposed van service as a means of transportation to the doctor's office, grocery store and other places. Mr. Lawrence "Larry' Kelly, a Clover Hill resident, stated that he saves approximately $275 per month by riding the GRTC bus. He further stated that he! feels the proposal is a beginning to bring Chesterfield in line with other localities in the Metropolitan area. He stated that he feels the service will be very popular and well used. Mr. Charlie Foster, a Clover Hill District resident, representing LandAmerica Financial Group, stated that LandAmerica has 550 employees in metro Richmond area, 500 of which work in the County at three locations on Midlothian Turnpike. He further stated that he feels the proposal will promote economic growth and development of the metropolitan area and that, as a major employer along the Midlothian corridor, he welcomes the opportunities that public transit with provide. Ms. Bobbie Hartisfield, a resident of Winchester Greens, stated that she supports the proposed van service. She further stated that she does not like to have to depend on others for transportation to doctors appointments. 00-447 /28/oo Mr. Ed Gerardo, representing Bon Secours Richmond Health System, expressed appreciation to the Board for their support of the Saint Francis Medical Center. He stated that Bon Secours is aware of employees in their current facilities as well as County residents in need of transportation to health care facilities who would significantly appreciate the proposed van service. He further stated that he feels the transportation endeavor will provide a greater benefit than the costs associated with it and indicated that Bon Secours looks forward to the success of the pilot program and its early expansion to the Saint Francis campus and the residents in that locale. Ms. Kate Moriarty, a resident of the Midlothian District, urged the Board to approve the proposal to provide access to jobs, resources and opportunities. Mr. Kyle Woolfolk, Chairman of the Chesterfield Business Council (CBC), stated that CBC represents over 800 small and large businesses in the County. He further stated that surveys of the businesses resulted in seven main goals for CBC to focus on for 1999-2000, one of which was to be an advocate for expanded regional transit in all forms within the County. He stated that he feels the proposal represents an excellent first step in serving the needs of the area employee base that may not have adequate personal transportation means. He further stated that CBC urges the Board's approval of the pilot system. Ms. Alyssa Moses, a resident of Bon Air, stated that she supports the proposal as a means for teenagers to receive transportation without having to rely on their parents and friends. Ms. Cynthia Helvey, representing Goodwill Industries, stated that she is pleased to see the large amount of community involvement. She further stated that she feels that, if the Board approves the proposal, there will be more business involvement in the community and additional funding may be provided for the program. She stated that she feels the program will be successful, but will require good management and timing. Ms. Marilyn Rissel, a resident of Crestwood Farms, representing Refugee and Immigration Services of the Catholic Dioceses of Richmond and the Limited English Speaking Partnership, stated that the agencies are limited in their ability to bring refugees into the County because of the public transportation issue. She further stated that Chesterfield is denied the diversity and hard drive of these new Americans because of lack of transportation. She stated that she supports the proposal. Mr. Otis Patton, a Midlothian District resident, stated that he feels the proposal will not serve the needs of the disabled. He further stated that he feels the travel time from one destination to another is totally unreasonable. He expressed concerns relative to Statewide funding for public transportation. Ms. Elizabeth Jones, a resident of Winchester Greens, stated that she support the proposal as it will help with her transportation needs. Mr. Bob Herndon, a resident of the Midlothian District, stated that he feels the County should hold a referendum and let the /28/oo 00-448 residents decide on the issue. Mr. George Peyton, Vice President of Retail Merchant Association of Greater Richmond (RMA), stated that the members of RMA located in Chesterfield County support the proposed van service. Mr. Casey Richardson, a student of Meadowbrook High School, stated that the proposed van service will help him solve his transportation needs. He further stated that his mother often has to pay people for transportation to work and that he is confident the service will help her' keep her job. Mr. Bob Wynne, a resident of Dale District and Executive Director of Richmond Community Action Program, stated that the agency has a donated car program to which has provided transportation to approximately twenty residents. He further stated that there is a donated vehicle waiting list of persons who are leaving welfare and going 'to work. He requested the Board's support of the proposal. There being no one else to speak to the issue, the public hearing was closed. There was brief discussion relative to adjustment of routes. Mr. Barber stated that it is his understanding that the WalMart on Midlothian Turnpike may soon be initiating a rezoning or site plan approval which could prove to be controversial. He requested that the proposed roune for Midlothian Turnpike be terminated somewhere short of WalMart at the Chesterfield Towne Center area to minimize future conflict. Mr. Warren stated that he feels the Board has a responsibility tonight to indicane support for the proposal and staff's recommendations. He further stated that staff could be given thirty days to incorporate some of the comments made tonight. He stated that he is prepared to support a motion to endorse the concept of the van plan as outlined by staff subject to modifications based on comments received tonight plus any written comments received. Mr. Barber made a motion, seconded by Mr. McHale, for the Board to support the concept of the van service as presented, and request that staff take into consideration the comments presented at the hearing and come back to the Board on July 26, 2000 with the agreement for GRTC/County authorization. Mr. Barber stated that surveys were distributed at a community meeting held in Midlothian last year, and the majority of the people who completed the surveys supported public vans and door-to-door transportation for the disabled and elderly. He further stated that, because there is no data, no one knows whether or not the program will be successful. He stated that the proposal represents an opportunity through General Assembly funding to pilot the program for two years to determine if it is worthwhile. Mr. McHale stated that he feels the pilot program will allow the County to collect data over the next two years. He requested that Mr. Ramsey provide a report detailing the para- transit service that will be available under the proposal. He stated that the business community is very supportive of the proposal and that he recently met with representatives from a s/28/oo 00-449 potential new industry considering locating in the County who expressed concerns that there was no public transportation. He further stated that the uncertainty of future funding is a cause for concern, but he feels the Board would be derelict in its duty not to give the pilot program a chance. Mr. Miller stated that he does not deny there are residents who are worthy of such a service, but the program has not received the support of the constituency in the Dale District. He further stated that he would support a referendum as a true test as to whether the County residents are willing to support the proposal. He expressed concerns relative to the expenditure of taxpayer dollars for the public transportation program and suggested that the businesses who support it be willing to invest in it. He stated that he would like to see a program that deals with the needs of the elderly and disabled and that the van proposal is not the answer. He further stated that there is no assurance that funding will be available for the service after two years and that, once the program has been initiated, the County will not be able to stop it. He stated that he feels there are other ways to address the needs of the disabled and that endorsement of the proposal would open an envelope that will be difficult to close. He further stated that he feels the County should find some way to subsidize the program further; this is not the proper expenditure of funds; and he will not support the proposal. Mrs. Humphrey stated that she does not feel the County is ready for GRTC bus transit throughout the entire County. She further stated that public transportation funds in the County that are allocated for the Matoaca District should be used to improve the dirt roads where school buses drive. She stated that the State limits the County's expenditure of public transportation funds. She further stated either that the Board can act upon some type of public transportation service with the funds appropriated by the General Assembly or the State will provide a service which could include the expansion of GRTC in its present form. She stated that the proposal was developed from information that was provided at community meetings throughout the County over the past four years. She further stated that Virginia State University has expressed an interest in accessing the student population to the remainder of the County and the region and that, as far as she knows, it is the only university in the State that does not have access to public transportation. She stated that she will support the motion even though she feels the County is not ready for mass public transportation and there are no guarantees for continued funding, but because she is not comfortable with the State providing public transportation service in the County if the County fails to do so. Mr. Warren expressed appreciation for the public input towards the van' proposal. He stated that the proposal did not require a public hearing, but he felt it was necessary. He further stated that there were numerous people in support of the proposal who did not speak and recognized Mrs. Joan Girone, former member of the Board of Supervisors and Mr. Rollo Axton from GRTC, who were present at the meeting. He stated that the GRTC program in the metropolitan area has been recognized nationally as one of the most efficient systems in the nation. He further stated that he feels the County's proposal will enhance the efficiency of an already efficient system. He stated that he feels the proposal is a flexible program that will provide County residents with an option that he hopes many /28/oo 00-450 people will take advantage of. He further stated that he feels a van program can fit into a suburban environment much better than large businesses. He commended members of GRTC, County staff and other organizations for recognizing the value in having flexibility built into a public transportation program. He indicated that he sees the proposal as a tremendous opportunity for County residents and stated that he hopes it will be successful. Mr. Warren then called fiora vote on the motion made by Mr. Barber, seconded by Mr. McHale, for the Board to support the concept of the van service as presented, and request that staff take into consideration the comments presented at the hearing and come back to the Board on July 26, 2000 with the agreement for GRTC/County authorization. Ayes: Warren, Humphrey, Barber and McHale. Nays: Miller. Mr. Warren requested a five minute recess. Reconvening: 16.B. TO CONSIDER FY00 SCHOOL OPE~TING FUND APPROPRIATIONS REVISIONS Ms. Dickson stated that this date and time has been advertised for a public hearing to ~consider FY00 School Operating Fund appropriations revisions. No one was present to speak to the issue. On motion of Mr. McHale, seconded by Mr. Barber, the Board increased estimated revenues in the School Operating Fund by $1,615,003 and increased appropriations in Administration/ Attendance and Health by $100,000, Pupil Transportation by $300,000, and Operations and Maintenance by $1,205,003. (It is noted the increase in State Sales Tax transfer to Schools, recorded in the General Fund, will also result in an increase in State Sales Tax revenue in the general fund and an increase in the transfer to Schools in the amount of $1,400,900.) Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 16.C. TO CONSIDER FY2000 YEAR END ADJUSTMENTS Ms. Dickson stated that this date and time has been advertised for a public hearing to consider FY2000 year end revenue and expenditure adjustments. No one was present to speak to the issue. On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board appropriated revenues and expenditures up to $2.1 million for specific programs and authorized reallocations among General Fund departments and related funds; appropriated revenues and expenditures up to $2.7 million and authorized other 00-451 /28/oo adjustments for specific programs and Non-General Fund departments; and authorized the County Administrator to reserve and reappropriate into FY2001 unspent FY2000 appropriations, contingent upon the positive results of operations within individual departments and Countywide, as determined by the County's financial audit. Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 16.D. TO CONSIDER AN ORDINANCE TO VACATE A FIFTY FOOT RIGHT OF WAY KNOWN AS KENLY DRIVE AND A TWENTY FOOT BUILDING LINE ACROSS LOT 9, BLOCK C, GRAVELBROOK FARM SUBDIVISION Mr. Stith stated that this date and time has been advertised for a public hearing to consider an ordinance to vacate a fifty foot right of way known as Kenly Drive and a twenty foot building line across Lot 9, Block C, Gravelbrook Farm Subdivision. No one was present to speak to the ordinance. On motion of Mr. Miller, seconded by Mrs. Humphrey, the Board adopted the following ordinance: AN ORDINANCE whereby the COUNTY OF CHESTERFIELD, VIRGINIA, ("GRANTOR") vacates to MICHAEL E. GLANCY and DONNA K. GLANCY, (husband and wife), and NOEL EDWARD CRAVER, JR. and MARY A. CRAVER, (husband and wife), ("GRANTEE"), a 50' right of way known as Kenly Drive and a 20' building line across Lot 9, Block C, Gravelbrook Farm Subdivision, DALE Magisterial District, Chesterfield County, Virginia, as shown on a plat thereof duly recorded in the Clerk's Office of the Circuit Court of Chesterfield County in Plat Book 11, at Page 39 and 40. WHEREAS, MICHAEL E. GLANCY and DONNA K. GLANCY, petitioned the Board of Supervisors of Chesterfield County, Virginia to vacate a 50' right of way known as Kenly Drive and a 20' building line, across Lot 9, Block C, Gravelbrook Farm Subdivision, DALE Magisterial District, Chesterfield County, Virginia more particularly shown on a plat of record in the Clerk's Office of the Circuit Court of said County in Plat Book 11, Pages 39 and 40, by J. K. TIMMONS, dated JUNE 18, 1959, and recorded JUNE 24, 1959. The right of way and building line petitioned to be vacated are more fully described as follows: A 50' right of way known as Kenly Drive and a 20' building line, across Lot 9, Block C, Gravelbrook Farm Subdivision, the location of which is more fully shown on a map prepared by CHESTERFIELD COUNTY, dated MAY 5, 2000, a copy of which is attached hereto and made a part of this Ordinance. WHEREAS, notice has been given pursuant to Section 15.2-2204 of the Code of Virginia, 1950, as amended, by advertising; and, WHEREAS, no public necessity exists for the continuance of the building line sought to be vacated. 6/28/oo 00-452 NOW THEREFORE, BE IT! ORDAINED ]3Y THE BOARD OF SUPERVISORS OF CHESTERFIELD COUNTY, VIRGINIA: That pursuant to Section 15.2-2272 of the Code of Virginia, 1950, as amended, the aforesaid right of way and building line be and are hereby vacated. GRANTEE hereby conveys unto the GRANTOR and GRANTOR hereby reserves a 25' ingress and egress easement over upon and across a portion of Kenly Drive,for access to the land designated as PIN 776-686-3290 and a variable width drainage easement, as shown on the attached map. This Ordinance shall be in full force and effect in accordance with Section 115.2-2272 of the Code of Virqinia, 1950, as amended, and a certified copy of this Ordinance, together with the map attached hereto shall be recorded no sooner than thirty days hereafter in the Clerk's Office of the Circuit Court of Chesterfield County, Virginia pursuant to Section 15.2-2276 of the Code of Virginia, 1950, as amended. The effect of this Ordinance pursuant to Section 15.2-2274 is to destroy the force,and effect of the recording of the pertien ef the plat vacated. This Ordinance shall vest fee simple title te the centerline of the right ef way hereby vacated in the adjeining preperty owners, within Gravelbreek Farm Subdivision, free and clear of any rights of public use, except as herein abeve eutlined. Accordingly, this Ordinance shall be indexed in the names of the COUNTY OF CHESTERFIELD as GRANTOR, and MICHAEL E. GLANCY and DONNA K. GLANCY, husband, and wife, and NOEL EDWARD CRAVER, JR., and MARY A. CRAVER, husband and wife, or their successors in title, as GRANTEE. Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 16.E. TO CONSIDER AN ORDINANCE TO VACATE LOTS 2 THROUGH 5, SECTION A INCLUDING A SIXTY FOOT RIGHT OF WAY KNOWN AS ROYAL OAK DRIVE AND A SIXTEEN FOOT UTILITY AND DRAINAGE EASEMENT Mr. Stith stated that this date and time has been advertised for a public hearing te censider an erdinance te vacate Lets 2 through 5, Section A including a sixty foet right of way knewn as Reyal Oak Drive and a sixteen feot utility and drainage easement. No one was present to speak to the ordinance. On motion of Mr. Miller, seconded by Mr. Barber, the Board adopted the following ordinance: AN ORDINANCE whereby the COUNTY OF CHESTERFIELD, VIRGINIA, ("GRANTOR") vacates to WALTER T. BRASHIER, ("GRANTEE"), Lots 2 through 5, Royal Oak Subdivision, Section A, a 60' right of way known as Royal Oak Drive and a 16' utility and drainage easement, DALE Magisterial District, Chesterfield County, Virginia, as shown on a plat thereof duly recorded in the Clerk's Office of the Circuit Court of Chesterfield County in Plat: Book 13, at Page 59. /28/oo 00-453 WHEREAS, WALTER T. BRASHIER, petitioned the Board of Supervisors of Chesterfield County, Virginia to vacate Lots 2 through 5, Royal Oak Subdivision, Section A, a 60' right of way known as Royal Oak Drive and a 16' utility and drainage easement, DALE Magisterial District, Chesterfield County, Virginia more particularly shown on a plat of record in the Clerk's Office of the Circuit Court of said County in Plat Book 13, Page 59, by J. K. TIMMONS, dated SEPTEMBER 16, 1963, and recorded OCTOBER 1, 1965. The lots, right of way and easement petitioned to be vacated are more fully described as follows: Lots 2 through 5, Royal Oak Subdivision, Section A, a 60' right of way known as Royal Oak Drive and a 16' utility and drainage easement, the location of which is more fully shown on a plat made by JORDAN CONSULTING ENGINEERS, P.C., dated APRIL 5, 2000, a copy of which is attached hereto and made a part of this Ordinance. WHEREAS, notice has been given pursuant to Section 15.2-2204 of the Code of Virginia, 1950, as amended, by advertising; and, WHEREAS, no public necessity exists for the continuance of the lots, right of way and easement sought to be vacated. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF SUPERVISORS OF CHESTERFIELD COUNTY, VIRGINIA: That pursuant to Section 15.2-2272 of the Code of Virginia, 1950, as amended, the aforesaid lots, right of way and easement be and are hereby vacated. This Ordinance shall be in full force and effect in accordance with Section 15.2-2272 of the Code of Virginia, 1950, as amended, and a certified copy of this Ordinance, together with the plat attached hereto shall be recorded no sooner than thirty days hereafter in the Clerk's Office of the Circuit Court of Chesterfield County, Virginia pursuant to Section 15.2-2276 of the Code of Virginia, 1950, as amended. The effect of this Ordinance pursuant to Section 15.2-2274 is to destroy the force and effect of the recording of the portion of the plat vacated. This Ordinance shall vest fee simple title of the right of way hereby vacated in the property owner of Royal Oak subdivision, Section A free and clear of any rights of public use. Accordingly, this Ordinance shall be indexed in the names of the COUNTY OF CHESTERFIELD as GRANTOR, and WALTER T. BRASHIER, or his successors in title, as GRANTEE. Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 16.F. TO CONSIDER AN ORDINANCE TO VACATE LOTS 1 THROUGH 4, LOT 12 AND RESERVED SPACE WITHIN GROVE PLACE SUBDIVISION Mr. Stith stated that this date and time has been advertised for a public hearing to consider an ordinance to vacate Lots 1 through 4, Lot 12 and reserved space within Grove Place 6/28/00 00-454 Subdivision. No one was present to speak to the ordinance. On motion of Mr. McHale, seconded by Mr. Miller, the Board adopted the following ordinance: AN ORDINANCE whereby the COUNTY OF CHESTERFIELD, VIRGINIA, ("GRANTOR") vacates to TASCON-CHESTER, L.P. a Virginia limited partnership, ("GRANTEE"), Lots 1 through 4, and Lot 12 and Reserved Space within Grove Place Subdivision., BERMUDA Magisterial District, Chesterfield County, Virginia, as shown on a plat thereof duly recorded in the Clerk's Office of the Circuit Court of Chesterfield County in Plat Book 8, at Page 124. WHEREAS, TASCON-CHESTER, L.P., petitioned the Board of Supervisors of Chesterfield County, Virginia to vacate Lots 1 through 4, and Lot 12 and Reserved Space, within Grove Place Subdivision, BERMUDA Magisterial District, Chesterfield County, Virginia more particularly shown on a plat of record in the Clerk's Office of the Circuit Court of said County in Plat Book 8, Page 124, by W. W. LAPRADE & BROS., dated MARCH 2, 1948, and recorded MARCH 5, 1948. The lots and reserved space petitioned to be vacated are more fully described as follows: Lots 1 through 4, and Lot 12 and Reserved Space within Grove Place Subdivision, the location of which is more fully shown on a plat made by BALZER AND ASSOCIATES, INC., dated MAY 16, 2000, revised MAY 18, 2000 and JUNE 9, 200{I, a copy of which is attached hereto and made a part of this Ordinance. WHEREAS, notice has been given pursuant to Section 15.2-2204 of the Code of Virginia, 1950, as amended, by advertising; and, WHEREAS, no public necessity exists for the continuance of the portions of subdivision sought to be vacated. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF SUPERVISORS OF CHESTERFIELD COUNTY, VIRGINIA: That pursuant to Section 1!5.2-2272 of the Code of Virginia, 1950, as amended, the aforesaid portions of Grove Place Subdivision be and are hereby vacated. This Ordinance shall be in full force and effect in accordance with Section 15.2-2272 of the Code of Virginia, 1950, as amended, and a certified copy of this Ordinance, together with the plat attached hereto shall be recorded no sooner than thirty days hereafter in the Clerk's Office of the Circuit Court of Chesterfield County, Virginia pursuant to Section 15.2-2276 of the Code of Virginia, 1950, as amended. The effect of this Ordinance pursuant to Section 15.2-2274 is to destroy the force and effect of the recording of the portion of the plat vacated. Accordingly, this Ordinance shall be indexed in the names ef the COUNTY OF CHESTERFIELD as G~NTOR, and TASCON-CHESTER, L.P., or its successers in title, as GRANTEE. Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 6/28/oo 00-455 16.G. TO CONSIDER AN ORDINANCE TO VACATE PORTIONS OF A TWENTY FOOT EASES~ZNT ACROSS LOT 18, BLOCK B, WINTERBERRY RIDGE SUBDIVISION Mr. Stith stated that this date and time has been advertised for a public hearing to consider an ordinance to vacate portions of a twenty foot easement across Lot 18, Block B, Winterberry Ridge Subdivision. No one was present to speak to the ordinance. On motion of Mr. Warren, seconded by Mrs. Humphrey, the Board adopted the following ordinance: AN ORDINANCE whereby the COUNTY OF CHESTERFIELD, VIRGINIA, ("GRANTOR") vacates to ROBERT O. FRIEDEL and SUSANNE W. FRIEDEL, ("GRANTEE"), a portion of a 20' easement across Lot 18, Block B, Winterberry Ridge Subdivision, CLOVER HILL Magisterial District, Chesterfield County, Virginia, as shown on a plat thereof duly recorded in the Clerk's Office of the Circuit Court of Chesterfield County in Plat Book 22, at Pages 63 and 64. WHEREAS, ROBERT O. FRIEDEL and SUSANNE W. FRIEDEL, petitioned the Board of Supervisors of Chesterfield County, Virginia to vacate a portion of a 20' easement across Lot 18, Block B, Winterberry Ridge Subdivision, CLOVER HILL Magisterial District, Chesterfield County, Virginia more particularly shown on a plat of record in the Clerk's Office of the Circuit Court of said County in Plat Book 22, Pages 63 and 64, by J. K. TIMMONS & ASSOCIATES, INC., dated JULY 24, 1974, and recorded JULY 29, 1974. The portion of easement petitioned to be vacated is more fully described as follows: A portion of a 20' easement, across Lot 18, Block B, Winterberry Ridge Subdivision, the location of which is more fully shown on a plat made by POTTS, MINTER & ASSOCIATES, P.C., dated APRIL 26, 2000, a copy of which is attached hereto and made a part of this Ordinance. WHEREAS, notice has been given pursuant to Section 15.2-2204 of the Code of Virginia, 1950, as amended, by advertising; and, WHEREAS, no public necessity exists for the continuance of the portion of easement sought to be vacated. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF SUPERVISORS OF CHESTERFIELD COUNTY, VIRGINIA: That pursuant to Section 15.2-2272 of the Code of Virginia, 1950, as amended, the aforesaid portion of easement be and is hereby vacated. This Ordinance shall be in full force and effect in accordance with Section 15.2-2272 of the Code of Virginia, 1950, as amended, and a certified copy of this Ordinance, together with the plat attached hereto shall be recorded no sooner than thirty days hereafter in the Clerk's Office of the Circuit Court of Chesterfield County, Virginia pursuant to 6/28/00 00-456 Section 15.2-2276 of thelCode of Virqinia, 1950, as amended. The effect of this Ordinance pursuant to Section 15.2-2274 is to destroy the force and effect of the recording of the portion of the plat vacated. This Ordinance shall vest fee simple title of the portion of easement hereby vacated in the property owners of Lot 18, Block B, within Winterberry Ridge Subdivision, free and clear of any rights of public use. Accordingly, this Ordinance shall be indexed in the names of the COUNTY OF CHESTERFIELD as GRANTOR, and ROBERT O. FRIEDEL and SUSANNE W. FRIEDEL, or their successors in title, as GRANTEE. Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 16.H. TO CONSIDER AN ORDINANCE TO VACATE A PORTION OF A VARIABLE WIDTH SEWER EASEMENT ACROSS LOT 3, BAYHILL POINTE SUBDIVISION, SECTION 5 Mr. Stith stated that this date and time has been advertised for a public hearing to consider an ordinance to vacate a portion of a variable width sewer easement across Lot 3, Bayhill Pointe Subdivision, Section 5. No one was present to speak to the ordinance. On motion of Mrs. Humphrey, seconded by Mr. Warren, the Board adopted the following ordinance: AN ORDINANCE whereby the COUNTY OF CHESTERFIELD, VIRGINIA, ("GRANTOR") vacates to COATES HOMES, INC., a Virginia corporation, ("GRANTEE"), a portion of a variable width sewer easement across Lot 3, Bayhill Pointe Subdivision, Section 5., MATOACA Magisterial District, Chesterfield County, Virginia, as shown on a plat thereof duly recorded lin the Clerk's Office of the Circuit Court of Chesterfield County in Plat Book 99, at Pages 21 and 22. WHEREAS, COATES HOMES, INC., petitioned the Board of Supervisors of Chesterfield County, Virginia to vacate a portion of a variable width sewer easement across Lot 3, Bayhill Pointe Subdivision, Section 5, MATOACA Magisterial District, Chesterfield County, Virginia more particularly shown on a plat of record in the Clerk's Office of the Circuit Court of said County in Plat Book 99, Pages 21 and 22, by E. D. LEWIS & ASSOCIATES, P.C., dated MARCH 27, 1998, and recorded JUNE 24, 1998. The portion of easement petitioned to be Vacated is more fully described as follows: A portion of a variable width sewer easement, across Lot 3, Bayhill Pointe Subdivision, Section 5, the location of which is more fully shown on a plat made by E. D. LEWIS & ASSOCIATES, P.C., dated MAY 17, 2000, a copy of which is attached hereto and made a part of this Ordinance. WHEREAS, notice has been given pursuant to Section 15.2-2204 of the Code iof Virginia, 1950, as amended, by advertising; and, 00-457 6/28/oo WHEREAS, no public necessity exists for the continuance of the portion of easement sought to be vacated. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF SUPERVISORS OF CHESTERFIELD COUNTY, VIRGINIA: That pursuant to Section 15.2-2272 of the Code of Virginia, 1950, as amended, the aforesaid portion of easement be and is hereby vacated. This Ordinance shall be in full force and effect in accordance with Section 15.2-2272 of the Code of Virqinia, 1950, as amended, and a certified copy of this Ordinance, together with the plat attached hereto shall be recorded no sooner than thirty days hereafter in the Clerk's Office of the Circuit Court of Chesterfield County, Virginia pursuant to Section 15.2-2276 of the Code of Virginia, 1950, as amended. The effect of this Ordinance pursuant to Section 15.2-2274 is to destroy the force and effect of the recording of the portion of the plat vacated. This Ordinance shall vest fee simple title of the portion of easement hereby vacated in the property owner of Lot 3, within Bayhill Pointe Subdivision, Section 5 free and clear of any rights of public use. Accordingly, this Ordinance shall be indexed in the names of the COUNTY OF CHESTERFIELD as GRANTOR, and COATES HOMES, INC., or it successors in title, as GRANTEE. Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 16.I. TO CONSIDER THE CONVEYANCE OF RIGHT OF WAY AND EASEMENTS FOR THE CENTRE STREET PROJECT Mr. Stith stated that this date and time has been advertised for a public hearing to consider the conveyance of right of way and easements for the Centre Street Project. Mr. Jerry Harwell expressed concerns relative to the difference between the Centre Street Project and the Village Green Project. Mr. John Harmon stated that the right of way to be conveyed is part of the County Library site and that this project is not a part of the Chester Village Green Project, but will improve Centre Street between Route 10 and Chester Village Green. There being no one else to speak to the issue, the public hearing was closed. On motion of Mr. McHale, seconded by Mr. Warren, the Board approved the conveyance of right of way and permanent construction easement to the Commonwealth of Virginia and utility easements to Virginia Electric and Power Company and Bell Atlantic-Virginia, Incorporated, and authorized the County Administrator and Chairman of the Board of Supervisors to execute the deed and easement agreements. Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 6/28/oo 00-458 16.J. TO CONSIDER THE CONVEYANCE OF A PARCEL OF LAND FOR IMPROVF_/~ENTS TO GENITO ROAD Mr. Stith stated that this date and time has been advertised for a public hearing to consider the conveyance of a parcel of land for improvements to Genito Road. No one was present to speak to the issue. On motion of Mr. Warren, seconded by Mr. Barber, the Board approved the conveyance of a parcel of land at 3030 Watercove Road, Fire Station 16 to the Virginia Department of Transportation, and authorized the Chairman of the Board of Supervisors and the County Administrator to execute the necessary deed. Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 17. REMAINING MOBILE HOME PERMITS AND ZONING REQUESTS 00SN0240 In Bermuda Magisterial iDistrict, J. K. TIMMONS 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 residential use of 2.51 to 4.0 units per acre. This request lies on 259 acres fronting approximately 4,500 feet on the east line of Branders Bridge Road, approximately 400 feet south of South Happy Hill Road and at the western termini of Hickory Glen and Twin Cedars Roads. Tax ID 786-642-8969 (Sheet 34). Ms. Beverly Rogers presented a suu~ary of Case 00SN0240 and stated that the Planning Commission and staff recommend approval and acceptance of the proffered conditions. She noted that there was no opposition at the Planning Commission meeting and the request conforms to the Southern and Western Area Plan. She stated that the applicant has proferred a condition to limit development to a maximum of 450 lots yielding a density of 1.7 units per acre. She further stated that the proffered conditions address the impact on capital facilities consistent with the Board's policy and road improvements along the property's frontage along Branders Bridge Road; prohibits vehicular access to adjacent subdivisions; requires minimum house sizes; provides for dedication of 25 feet of land adjacent to Stoney Glen Subdivision to that homeowners' association; and addresses phasing of the development with a cumulative total of 50 building permits issued per year until January 1, 2005, which is based upon the anticipated completion of the reconstruction of Branders Bridge Road as a two-lane facility from Carver Heights Drive to South Happy Hill Road in 2006. Mr. Oliver "Skitch" Rudy, representing the applicant, stated that five community meetings were held and the Stoney Glen and Stoney Glen West Homeowners' Associations are now in support of the proposed development.~ He further stated that the applicant has proffered certain improvements to Branders Bridge Road, as well as proffering cash to address future transportation impacts. He stated that roads are improved as a result of increased traffic. He stated that the developer will insure a 6/28/00 00-459 -j quality development similar to the existing Stoney Glen and Stoney Glen West Subdivisions and requested the Board's approval of the request. Mr. Ralph Gehr, President of the Stoney Glen Community Association, stated that after numerous community meetings, the association now supports the request. He further stated that this is an excellent example of a system that works well. Ms. Betty Michalek, representing the residents of Branders Bridge Road from Treely Road south to Whitehouse Road, stated the residents are opposed to the request for rezoning. She expressed concerns relative to increased traffic and unsafe conditions on Branders Bridge Road. She stated that the Sik- Year Plan is currently proposing improvements on Branders Bridge Road from South Happy Hill Road north to Route 10 and expressed concerns relative to the need for improvements south of South Happy Hill Road. She further stated that concerns were expressed at the Planning Commission hearing relative to the cash proffers not adequately addressing the impact on capital facilities. She expressed concerns relative to the need for additional schools, parks, libraries, fire stations and transportation facilities that the proposed development will create a need for. She requested that the Board consider the concerns for the safety, health and welfare of all who travel Branders Bridge Road prior to approving the request for rezoning. There being no one else to speak to the case, the public hearing was closed. Mr. Rudy stated that the developer has addressed all of the capital improvements concerns through cash proffers and requested the Board's approval of the proposed development. Mr. McHale commended Mr. Phil Cunningham, Bermuda District Planning Commissioner, for his efforts towards addressing the concerns of neighboring subdivisions relative to the details of the development. He stated that he is familiar with the challenges in traffic on BSanders Bridge Road and noted that there are many other roads within the County that need attention. He further stated that he does not feel the Board has the ability to deny zoning based on road improvements that are well off site. He stated that the safety concerns cannot be ignored and requested that Mr. McCraeken add to the discussion for the Six-Year Road Plan continuation of improvements to Branders Bridge from Happy Hill Road to Whitepine Road. Mr. McHale then made a motion for the Board to approve Case 00SN0240. Mrs. Humphrey seconded the motion. She stated that her primary concern with the original application for rezoning was the proposed density. She further stated that it is highly likely that the proposed development may transition to the new Matoaca High School and that she feels a further assessment of Branders Bridge Road is imminent. She requested that Mr. Rudy assist the County through the relationships he has made in the acquisition of right of way from residents along Branders Bridge Road. Mr. Warren called for a vote on motion of Mr. McHale, seconded by Mrs. Humphrey, for the Board to approve Case 00SN0240 and 6/28/oo 00-460 accept the following proffered conditions: 1. A maximum of 450 residential lots shall be permitted. (P) 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; er The amount approved by the Board of Supervisors not to exceed $6,200 per dwelling unit adjusted upward by any 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 15 years of receipt, the cash shall be returned in full to the payor. (B&M) Prior to any tentative subdivision approval, a revised centerline, based on VDOT urban minor arterial standards (50 mph) with modification approved by the Transportation Department, for Branders Bridge Road shall be submitted to, and approved by, the Transportation Department. In conjunction with recordation of the first subdivision plat, forty-five (45) feet of right of way on the east side of Branders Bridge Road measured from the approved revised centerline of that part of Branders Bridge Road, immediately adjacent to the property, shall be dedicated, free and unrestricted, to and for the benefit of Chesterfield County. (T) Direct access to Branders Bridge Road shall be limited to three (3) accesses. These accesses shall generally be located: 1) towards the northern property line; 2) midway of the Branders Bridge Road frontage; and 3) towards the southern property line. The exact location of these accesses shall be approved by the Transportation Department. (T) To provide an adequate roadway system, the developer shall be responsible for the following: a) Construction of additional pavement along Branders Bridge Road at each approved access to provide left and right turn lanes, based on Transportation Department standards; b) Relocation of the ditch to provide an adequate shoulder along the east side of Branders Bridge Road for the entire property frontage; and c) Dedication to Chesterfield County, free and unrestricted, any additional right of way (or easements) required for the improvements identified above. (T) Prior to any road and drainage plan approval, a phasing plan for the required road improvements, as identified in 6/28/00 00-461 Proffered Condition 5, shall be submitted to and approved by the Transportation Department. (T) o 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) o The foundations of all dwelling units shall be faced with brick. (P and BI) A maximum of fifty (50) single family building permits shall be issued per year until January 1, 2005. (P) 10. There shall be no road connections or individual lot access to Cedar Cliff or Twin Cedars Subdivisions. (P and T/ 11. Ail dwelling units shall have a minimum gross floor area of 2,000 square feet. Gross floor area shall be defined as the sum of the horizontal area of all floors of a building measured from the exterior faces of the exterior walls, but not including outside storage areas, attached garages or carports, and enclosed porches. (BI) 12. A twenty-five (25) foot area adjacent to Cedar Cliff, Twin Cedars and Hillspring Subdivisions shall be deeded to the Stoney Glen Community Associations, Inc. The deeding of this property shall occur prior to, or in conjunction with, the recordation of any sections which abut this twenty-five (25) foot area. (P) 13. This development shall not be named Stoney Glen West. (P) 14. At a minimum, the following restrictive covenants shall be recorded prior to, or in conjunction with, the recordation of a subdivision plat, provided, however, that references to "Stoney Glen West" shall be modified to reference the subject property and may be modified to reference the then current developer/owner of the subject property. (P) W I TN E S S E T H ; WHEREAS, the Developer is the owner of the real property described in Article II of this Declaration and desires to create thereon a planned development residential community to be known as "Stoney Glen West"; WHEREAS, the Developer desires to provide for the preservation of values and for the maintenance of common facilities and services and for a vehicle for the administration and enforcement of covenants and restrictions; WHEREAS, the Developer has caused the Association to be incorporated under the laws of the Commonwealth of Virginia for the purpose of exercising the functions aforesaid, and which are hereinafter more fully set forth; NOW THEREFORE, the Developer declares that the real property described in Article II, and such additions thereto as may hereinafter be made pursuant to Article II hereof, is and shall be held, transferred, sold, conveyed, given, donated, leased, occupied and used subject to the covenants, 6/28/00 00-462 restrictions, conditions, easements, charges, assessments ("Assessments"), affirmative obligations, and liens (all hereinafter sometimes referred te as ("Covenants") hereinafter set forth. ARTICLE I DEFINITIONS When used in this Declaration or any supplemental declaration (unless the context shall clearly indicate otherwise) the following words and terms shall have the following meanings: (a) "Association" shall mean and refer to Stoney Glen West Association, Inc., a Virginia non-profit, non-stock corporation, its successors and assigns. (b) "Stoney Glen West" shall mean and refer to the lands in Chesterfield County, Virginia, which are shown as a part of Stoney Glen West on the Developer's Master Plan as revised from time to time. (c) "Developer" shall mean Stoney Glen West Limited Partnership, a Virginia Limited Partnership, its successors and assigns. (d) The "Properties" shall mean and refer to the Existing Property described in Article II hereof, and additions thereto as are subjected to this Declaration or any Supplementary Declaration under the provisions of Article II hereof. (e) "Residential Lot" shall mean any subdivided parcel of land located within the Properties which parcel is intended for use as a site for a Single Family Detached Dwelling as shown upon any recorded final subdivision map of any part of the Properties. Ne parcel shall, however, be classified as a Residential Lot for the purpose of calculating votes or assessments, nor placed upon the Registration List, until the first day of the quarter of the year following (i) the date of recording ef the Plat in the Clerk's Office ef the Circuit Court of Chesterfield County, Virginia ("Clerk's Office"), showing such lot, and (ii) the date ef placement ef such lot en the Developer's inventory list of lots available for sale te purchasers. (f) "Registration List" shall mean and refer to the official index prepared by the Association of all Residential Lots within the Properties. The Developer shall submit to the Association a listing of any parcel or parcels of land which shall become eligible to be added to the Registration List no later than one (1) day prior to the commencement of the quarter of the year during which said parcel or parcels of land shall be classified as a Residential Lot. (g) "Family Dwelling Unit" slhall mean and refer to any Single Family Detached Dwelling constructed upon any Residential Lot located within the Properties. (h) "Owner" shall mean and refer to the Owner as shown by the real estate records lin the Clerk's Office, whether it be one (1) or more persons, firms, associations, corporations, or other legal entities, of fee simple title to any Residential Lot or parcel of land situated upon the Properties but, /28/oo 00-463 notwithstanding any applicable theory of a deed of trust, shall not mean or refer to the mortgagee or holder of a deed of trust, its successors or assigns, unless and until such mortgagee or holder of a deed of trust has acquired title pursuant to foreclosure or a proceeding or deed in lieu of foreclosure; nor shall the term "Owner" mean or refer to any lessee or Tenant of an Owner. In the event that there is recorded in the Clerk's Office a long-term contract of sale covering any Lot or parcel of land within the Properties, the Owner of such Residential Lot or parcel of land shall be the Purchaser under said contract and not the fee simple title holder. A long-term contract of sale shall be one where the Purchaser is required to make payments for the Property for a period extending beyond nine (9) months from the date of the contract and where the Purchaser does not receive title to the Property until all such payments are made, although the Purchaser is given the use of said Property. (i) "Tenant" shall mean and refer to the lessee under a written agreement for the rent and hire of a Family Dwelling Unit in Stoney Glen West. (j) "Member" shall mean and refer to all those Owners who are Members of the Association as defined in Section 1 of Article III. (k) "Master Plan" shall mean and refer to the drawing which represents the conceptual plan for the future development of Stoney Glen West. Since the concept of the future development of Stoney Glen West is subject to continuing revision and change by the Developer, present and future references to the "Master Plan" shall be references to the latest revision thereof. (1) "Intended for Use" shall mean the use intended for various parcels within the Properties as shown on the Master Plan or the use to which any particular parcel of land is restricted by covenants expressly set forth or incorporated by reference in deeds by which the Developer has conveyed the property. (m) "Common Properties" shall mean and refer to those tracts of land with any improvements thereon which are deeded or leased to the Association and designated'in said deed or lease as "Common Properties" and any personal property acquired or leased by the Association if said property is designated a "Common Property". Ail Common Properties are to be devoted to and intended for the common use and enjoyment of the Members of the Association, their guests, Tenants (to the extent permitted by the Board of Directors of the Association), and visiting members of the general public (to the extent permitted by the Board of Directors of the Association) subject to the fee schedules and operating rules adopted by the Association, provided, however, that any lands or personal property which are leased by the Association for use as Common Properties shall lose their character as Common Properties upon expiration of such lease. (n) "Intended Common Property" shall mean and refer to those tracts of land and any improvements thereon committed to the Association through express, written notification by the Developer to the Association of intent to convey said property to the Association as a Common Property. s/28/oo O0 -464 (o) "Referendum" shall mean and refer to the power of all or some specific portion of the Members to vote by mailed ballots on certain actions by the Board of Directors of the Association more particularly set forth herein. In the event fifty-one (51%) percent of the votes actually returned to the Association within the specified time shall be in favor of such action, the Referendum shall be deemed to "pass" and the action voted upon will be deemed to have been authorized by the Members, provided, however, that if a higher percentage required to "pass" shall be specifically expressed herein, that higher percentage shall control in that instance. (p) "Clerk's Office" shall mean and refer to the office of the Clerk of the Circuit Court of Chesterfield County, Virginia. ARTICLE II EXISTING PROPERTY AND ADDITIONS Section 1. Existing property. The real property which is and shall be held, transferred, sold, conveyed, given, donated, leased, occupied, and used subject to these Covenants is described as follows: All that tract or parcel of land, situate, lying and being in Chesterfield County, Virginia, which is more particularly described in Exhibit "A" attached hereto and by specific reference made a part hereof. All of the real property hereinabove described shall sometimes be referred to herein as the "Existing Property". The Developer intends to develop the Existing Property in accordance with a Master Plan plaoed on display in certain model homes and other areas. The Developer reserves the right to review and modify the Master Plan at its sole option from time to time based upon its continuing research and design program. The Master Plan shall not bind the Developer to adhere to the Master Plan in the development of the land shown thereon. Subject to its right to modify the Master Plan as stated herein, the Developer shall convey to the Association certain properties designated for such conveyance in Article IV, Section 4 of this Declaration, and, in addition, may at its option convey to the Association as provided in Article IV such of those parcels of land designated on the Master Plan as properties which may be transferred to the Association, as, in the reasonable exercise of its discretion, it so chooses without regard to the relative location of such portions or sections within the overall Plan. Once conveyed to the Association, these properties shall, become Common Properties. The Developer shall not be required to follow any predetermined sequence or order of improvements and development and may bring within the plan of these covenants additional lands, and develop the same before completing the development of the Existing Property. Other than as stated in this paragraph, the Developer shall have full power to add to, subtract from, or make changes in the Master Plan regardless of the fact that such actions may alter the relative maximum potential voting strength of the various types of membership of the Association. Section 2. Additions to Existing Property. Additional lands may become subject~to this Declaration in the following manner: 00-465 6/28/oo (a) Additions. During the period of development, which shall by definition extend from the date hereof to January 1, 1999, the Developer shall have the right, without further consent of the Association, to bring within the Plan and operation of this Declaration, additional acreage adjacent to or near Stoney Glen West owned or acquired by the Developer during the period of development. Such property may be subjected to this Declaration as one parcel or as several smaller parcels at one time or at different times. The additions of such property authorized under this paragraph may increase the cumulative maximum number of Residential Lots authorized in the Properties by the Zoning Ordinance of the County of Chesterfield, Virginia, and, therefore, may alter the relative maximum potential voting strength of the various types of membership of the Association. The additions authorized under this and the succeeding subsection shall be made by recording a Supplementary Declaration of Covenants and Restriction with respect to the additional property which shall extend the operation and effect of the Covenants to such additional property. The Supplementary Declaration may contain such complementary additions and/or modifications of the Covenants as may be necessary or convenient, in the sole judgment of the Developer, to reflect the different character, if any, of the added properties and as are not inconsistent with the plan of this Declaration, but such modifications shall have no effect upon the Property described in Section 1, Article II above, or upon any other prior additions to the Properties. (b) Other Additions. Upon approval in writing of the Association pursuant to a simple majority of the vote of those present at a duly called meeting, the owner of any property who desires to add such property to the plan and operation of this Declaration and to subject it to the jurisdiction of the Association shall record a Supplementary Declaration of Covenants and Restrictions with respect to the additional property which shall extend the operation and effect of these Covenants to such additional property. The additions of such property authorized under this subparagraph may increase the cumulative maximum number of Residential Lots authorized in the Properties by the Zoning Ordinance of the County of Chesterfield, Virginia, and, therefore, may alter the relative maximum potential voting strength of the various types of membership of the Association. The Supplementary Declaration may contain such complementary additions and/or modifications of the Covenants as may be necessary or convenient, in the judgment of the Association, to reflect the different character, if any, of the added properties and as are not inconsistent with the plan of this Declaration, but such modifications shall have no effect upon the Property described in Section 1, Article II above, or upon any other prior additions to the Properties. (c) Mergers. Upon merger or consolidation of the Association with another association, as provided for in the By-La.ws of the Association, its property, rights and obligations may, by operation of law, be transferred to another surviving or consolidated association, or in the alternative, the properties, rights and obligations of another association may, by operation of law, be added to the properties, rights and obligations of the Association as a surviving corporation pursuant to a merger. The surviving or consolidated 00-466 /28/oo association may administer the Existing Property, together with the covenants established upon any other properties, as one plan. No merger or consolidation shall effect any revocation, change, or addition to the Covenants within the Existing Property, including, without limitation, the maximum limits on Assessments and dues of the Association, or any other matter substantially affecting the interests of Members of the Association. (d) Additional lands which become subject this Declaration under the provisions of this Section II may in the future be referred to as a part of Stoney Glen West. Also, the name Stoney Glen West may be used by the Developer to refer to other nearby properties not subject to this Declaration. ARTICLE III MEMBERSHIP AND VOTING RIGHTS IN THE ASSOCIATION Section 1. Membership. The Developer, every Owner, and any creditor who acquires title to the Properties or any portion thereof pursuant to foreclosure or any other proceeding or deed in lieu of foreclosure shall be Members of the Association. The Association may issue to each Member a membership card which shall expire upon sale by an Owner of his property in Stoney Glen West. Tenants shall not be Members of the Association. Every Owner shall be required to submit the name(s) of his Tenant(s) and the duration of their tenancy to the Secretary of the Association. Section 2. Voting Rights. The Association shall have the following types of membership: TYPE "A": Type "A" Members shall be all Owners, including the Developer, ef Residential Lets, and shall be entitled to one (1) veto for each Residential Let which a Hember owns. TYPE "B": The Type "B" Member shall be the Developer, which shall be entitled to elect a portion of the Board of Directors as set out in Section 4 of this Article III. Payment of Special Assessments shall not entitle Type "A" Members to additional votes. When any Property entitling the Owner to membership as a Type "A" Member of the Association is owned of record in the name of two (2) or more persons or entities, whether fiduciaries, joint tenants, tenants in common, tenants in partnership or in any other manner of joint or common ownership, or if two (2) or more persons or entities have the same fiduciary relationship respecting the same Property, then unless the instrument or order appointing them or creating the tenancy otherwise directs and it or a copy thereof is filed with the Secretary of the Association, their acts with respect to voting shall have the following effect: (1) if only one (1) votes, in person or by proxy, his act shall bind all; (2) if more than one (1) vote, in person or by proxy, each fraction shall be entitled to its proportionate share of the vote or votes. The principles of this paragraph shall apply, insofar as ~/28/00 00-467 possible, to execution of proxies, waivers, consents or objections, and for the purpose of ascertaining the presence of a quorum. Section 3. Governance. The Association shall be governed by a Board of Directors consisting of three (3), five (5), seven (7), or nine (9) Members. The number and term of such Directors is to be determined in accordance with the provisions of the Articles of Incorporation of the Association. Except as may be otherwise provided in the Articles of Incorporation, there shall be two (2) classes of Directors: Class I Directors, who shall be elected by the Type "A" Members, and Class II Directors, who shall be elected by the Type "B" Member. The Board of Directors shall have the power to provide for staggered election of the Class I Directors in accordance with the provisions of the Articles of Incorporation. Section 4. Election of The Board of Directors. (a) Each Type "A" Member may cast the total number of votes to which he is entitled for each vacancy to be filled by a Class I Director. Cumulative voting shall not be allowed. (b) The Type "A" Members shall elect the Class I Director(s), and the Type "B" Member shall elect the Class II Director(s) according to the following formula: (1) At any time that the total number of Residential Lots placed on the Registration List of the Association is less than eighty (80%) percent of the maximum number of Residential Lots authorized in the Properties by the Zoning Ordinance of the County of Chesterfield, Virginia, the majority of the Board of Directors (fifty-one (51%) percent of the total number of Directors, rounded to the nearest whole number) shall be the Class II Directors and shall be elected by the Type "B" Member. The remaining Directors shall be the Class I Director(s) and shall be elected by the Type "A" Members. (2) At any time that the total number of Residential Lots placed on the Registration List of the Association is equal to or greater than eighty (80%) percent of the maximum number of Residential Lots authorized in the Properties by the Zoning Ordinance of the County of Chesterfield, Virginia, the majority of the Board of Directors (fifty-one (51%) percent of the total number of Directors, rounded to the nearest whole number) shall be the Class I Directors and shall be elected by the Type "A" Members. The remaining Directors shall be the Class II Director(s) and shall be elected by the Type "B" Member. (3) For the purposes of this formula, the total number of Residential Lots placed on the Registration List of the Association and the maximum number of Residential Lots authorized in the Properties shall be determined by the Board of Directors as of the date on which notice of the meeting of the Members at which the Board of Directors is to be elected is mailed. Section 5. Members to Have Power of Referendum in Certain Instances. Where specifically provided for herein, the Members, or some specific portion thereof, shall have the power to approve or reject certain actions proposed to be taken by the Association by Referendum. In the event fifty-one (51%) percent or more of the votes actually returned to the 6/28/0o 00-468 Association within the specified time shall be in favor of such action, the Referendum shall be deemed to "pass" and the action voted upon will be deemed to have been authorized by the Members; provided, however, that if a higher percentage vote required to "pass" shall be specifically expressed herein, that higher percentage shall control in that instance. The Board of Directors may not undertake any action requiring a Referendum without complying with the provisions hereof. At any time that the Type "A" Members have the ability to elect a majority of the Board of Directors, the Members may require a Referendum on any action of the Board of Directors by presenting to the Secretary of the Board within thirty (30) days of the taking of such action or ratification by the Board of its intent to take such action a petition signed by not less than forty (40%) percent of the Members. Section 6. Quorum Required for Any Action Authorized at Regular or Special Meetings of the, Association. The quorum required for any action which is subject to a vote of the Members at an open meeting of the Association (as distinguished from the Referendum) shall be as follows: (a) The first time a meeting of the Members of the Association is called to vote on (i) an increase in the Maximum Regular Annual Assessment greater than that provided for by subparagraph (e) of Section 3 of Article V hereof, (ii) a Special Assessment as provided for by Section 4 of Article V hereof, (iii) the gift or sale of any parcel of land and improvements thereon designated as a Common Property as provided for by subparagraph (f) of Section 3 of Article IV hereof, (iv) an amendment to this Declaration as provided for by Section 2 of Article VIII hereofj, or (v) the termination of this Declaration as provided for by Section 1 of Article VIII hereof, the presence at the meeting of Members or proxies entitled to cast sixty (60%) percent of the total vote of the Membership required for such action shall constitute a quorum. (b) The first time a meeting of the Members of the Association is called to vote on any action proposed to be taken by the Association, other than that described in subparagraph (a) above, the presence at the meeting of Members or proxies entitled to cast thirty (30%) percent of the total vote of the Membership required for such action shall constitute a quorum. If the required quorum is not present at any meeting described in subparagraphs (a) or (b) above, with the exception of any meeting called to vote on the termination of this Declaration described in subparagraph (a(v)) above, another meeting or meetings may be called subject to the giving of proper notice and the required quorum at such subsequent meeting or meetings shall be one-half (½) of the required quorum at the preceding meeting. Unless otherwise provided, any reference hereafter to "votes cast at a duly called meeting" shall be construed to be subject to the quorum requirements .established by this Article III, Section 6, and any other requirements for such "duly called meeting" which may be established by the By-Laws of the Association. For the purpose of this section, "proper notice" shall be deemed to be given when given each Member not less than thirty (30) days prior to the date of the meeting at which any proposed action is to be considered. 00-469 /28/oo Section 7. Proxies. Ail Members of the Association may vote and transact business at any meeting of the Association by proxy authorized in writing, provided, however, that Proxies shall not be required for any action which is subject to a Referendum, in which case the votes of all the Members polled shall be made by specifically provided ballots mailed or delivered to the Association. Section 8. Ballots by Mail. When required by the Board of Directors, there shall be sent with notices of regular or special meetings of the Association a statement of certain motions to be introduced for vote of the Members and a ballot on which each Member may vote for or against each such motion. Each ballot which is presented at such meeting shall be counted in calculating the quorum requirements set out in Section 6 of this Article III, provided, however, such ballots shall not be counted in determining whether a quorum is present to vote upon motions not appearing on the ballot. ARTICLE IV PROPERTY RIGHTS IN THE COMMON PROPERTIES Section 1. Members' Easements of Enjoyment in Common Properties. Subject to the provisions of these Covenants, the rules and regulations of the Association, and any fees or charges established by the Association, every Type "A" and "B" Member, and every guest of such Type "A" and "B" Member, shall have a right of easement of enjoyment in and to the Common Properties, and such easement shall be appurtenant to and shall pass with the title of every Residential Lot. Employees of the Type "B" Member shall have access to and enjoyment of the Common Properties subject to rules and regulations and user fees established by the Board of Directors. A Member's spouse, parents, and children who reside with such Member in Stoney Glen West shall have the same easement of enjoyment hereunder as a Member. In those instances where a Residential Lot in Stoney Glen West is owned by two (2) or more persons (who do not have the relationship of spouse, parent, or child, one to the other) or by a corporation, such joint Owners and corporations shall annually appoint one (1) person as the "Primary Member." Such Primary Member shall have the same easement of enjoyment in the Common Properties as Members who own such property singularly. The remaining joint members and the principal officers of such corporation shall be entitled to an easement of enjoyment in the Common Properties by: (1) Paying the same user fees as guest of Members, or (2) By paying to the Association annually an amount equal to the Annual Assessment charged against the property in which he or she owns a fractional interest. The payment of such amount shall not entitle such remaining joint members or principal officers to additional votes in the Association. The Board of Directors may grant certain Tenants and guests access to and enjoyment of the Common Properties subject to rules and regulations and user fees established by the Board 6/28/00 00-470 of Directors. Section 2. Title to Common Properties. (a) The Developer covenants that it shall convey by deed to the Association, at no cost to the Association, and subject to (i) all restrictions and limitations imposed by the Declaration of Rights, Restrictions, Affirmative Obligations and Conditions Applicable to Ail Property in Stoney Glen West ("General Property Covenants") recorded simultaneously herewith, including, without limitation, all rights of easement and rights of entry reserved unto the Developer, its successors and assigns in said Declaration, (ii) all other restrictions and limitations of record at the time of conveyance, (iii) any restrictions, limitations, conditions, or determinations as to the purposes and uses of the conveyed properties as stipulated in said deed, (iv) any commitments by the Developer to construct certain improvements thereon as stipulated in said deed, those intended Common Properties described in Section 4 of this Article IV hereof, and any other parcels of land and any improvements thereon now or hereafter designated as Intended Common Properties, and, upon such conveyance, such parcels of land and any improvements thereon shall become Common Properties. (b) The Association shall not object to the designation by the Developer of any parcel of land or any improvements thereon as an Intended Common Property and shall not refuse to accept any Intended Common Property as a Common Property at such time as the Developer, in its sole and uncontrolled discretion, deems it advisable to convey such property to the Association. (c) Upon designation by the Developer of any parcel of land and any improvements thereon as an Intended Common Property, or upon conveyance of any parcel of land and any improvements thereon as a Common Property by the Developer, the Association shall immediately become responsible for all maintenance and operation of said property, and for such additional construction of improvements thereon as may be authorized by the Association's Board of Directors, subject to the General Property Covenants. It is the purpose of this provision to provide that the Association shall be responsible for all maintenance and operation of all Common Properties and Intended Common Properties, notwithstanding the fact that (i) the Developer shall convey such Intended Common Properties to the Association until such time as the Developer, in its sole and uncontrolled discretion deems it advisable to do so, subject to the provisions of Section 4 of this Article IV, and (ii) the Developer may elect in its sole and uncontrolled discretion to operate certain facilities within Intended Common Properties until such time as said facilities are actually conveyed to the Association. (d) Notwithstanding anything in the foregoing to the contrary, the Developer hereby reserves the right to enter upon any Intended Common Property or Common Property for the purposes of constructing indoor and outdoor community facilities thereon, including, but not limited to, basketball courts, playgrounds, ball fields, gazebos, picnic shelters, picnic tables, parks, walking trails and bike trails. The provisions of this paragraph shall in no way create any obligation on the part of the Developer to construct any such facilities on said properties. (e) Natural areas,~ trail areas, etc. may be designated 6/28/oo 00-471 from time to time as Intended Common Properties, and shall be conveyed in large or small parcels from time to time after the Developer has completed surveying and platting all adjacent subdivisions for Residential Lots which may abut such natural areas, trail areas, etc. (f) The Developer shall not be' required to convey the above referred to parcels where such conveyance would be prohibited under agreements existing on the date hereof, but, in such case, shall be allowed to postpone such conveyance, without penalty, until such time a said prohibition may be nullified. Section 3. Extent of Members' Easements. The rights and easements of enjoyment created hereby shall be subject to the following: (a) the right of the Association, in accordance with its By-Laws, to borrow money from the Developer or any lender to improve and/or maintain the Common Properties and provide services authorized herein and in aid thereof to mortgage said Properties provided, however, that any such mortgage is with the prior consent of two-thirds of the Members of the Association, which consent may be evidenced by petition or by an affirmative vote at a duly called meeting of the Association; (b) the right of the Association to take such steps as are reasonably necessary to protect the above-described Properties against foreclosures; (c) the right of the Association to suspend the rights and easements of enjoyment of any Member or Tenant or guest of any Member for any period during which the payment of any Assessment against property owned by such Member remains delinquent, and for any period not to exceed sixty (60) days for any infraction of its published rules and regulations, it being understood that any suspension for either non-payment of any Assessment or a breach of the rules and regulations of the Association shall not constitute a waiver or discharge of the Member's obligations to pay the Assessment; (d) the right of the Association to charge reasonable admission and other fees for the use of recreational facilities and services of the Common Properties; (e) the right of the Developer or the Association by its Board of Directors to dedicate or transfer to any public or private utility drainage or utility easements on any part of the Common Properties; (f) the right of the Association to give or sell all or any part of the Common Properties, including lease-hold interests, subject to (i) the Zoning Ordinance of County of Chesterfield, Virginia, (ii) the limitations and restrictions imposed by the General Property Covenants, and (iii)'all other restrictions and limitations of record at the time of conveyance, to any public agency, authority, public service district, utility, or private concern for such purposes and subject to such conditions as may be agreed to by the Members, provided, however, that no such gift or sale of any parcel of land and improvements thereon, or determination as to the purposes or as to the conditions thereof, shall be effective unless such dedication, transfers, and determinations as to /28/oo O0 -4?2 purposes and conditions shall be authorized by the affirmative vote of three-fourths (3/4) of the votes cast at a duly called meeting of the Association, subject to the quorum requirements established by Article III, Section 6(a), and unless written notice of the meeting and of the proposed agreement and action thereunder is sent to every Member of the Association at least thirty (30) days prior to such meeting. A true copy of such resolution together with a certificate of the results of the vote taken thereon shall be made and acknowledged by the President or Vice President and Secretary or Assistant Secretary of the Association and such certification shall be annexed to any instrument of dedication or transfer of any parcel of land and improvements thereon affecting the Common Properties prior to the recording thereof. Such certificates shall be conclusive evidence of authorization by the Members. The gift or sale of any personal property owned by the Association shall be determined by the Board of Directors in its sole and uncontrolled discretion; and (h) the rights of reversion of the Lessor of any Common Properties leased by the Association. Section 4. The Developer hereby covenants that, prior to January 1, 1999, it shall convey by deed to the Association, at no cost to the Association, and subject to all the restrictions and limitations of these Covenants and any other restrictions and limitations of record, any parcel of land and any improvements thereon designated from the date hereof until January 1, 1999, as an Intended Common Property through express, written notification by the Developer to the Association of intent to convey said property to the Association. ARTICLE V COVENANTS FOR ASSESSMENTS Section 1. Creation of the Lien. and Personal Obligation of Assessments. The Developer covenants, and each Owner of any Residential Let lecated within the Properties, whether er net it shall be se expressed in any deed er ether cenveyance, shall be deemed to cevenant and agree to all the terms and provisiens ef this Declaratien and te pay te the Asseciatien: (a) Annual Assessments or charges; and (b) Special Assessments er charges for the purpeses set forth in this Article, such Assessments te be fixed, established and cellected from time to time as hereinafter previded. The Annual. and Special Assessments, together with such interest thereon and costs ef collectien thereof including a reasonable atterney's fee as hereinafter previded, shall be a charge and continuing lien on the real property and improvements thereon against which each such Assessment is made. Each such Assessment, together with such interest thereon and cest of cellection thereof including a reasonable atterney's fee as hereinafter provided, shall alse be the persenal ebligation of the persen whe was the Owner ef such real preperty at the time when the Assessment first became due and payable. In the case of ce-ewnership efa Residential Let, all ce-Owners shall be jeintly and severally liable fer the entire ameunt of the Assessment. Section 2. Purpose of Assessment.%. The Annual Assessments shall be used exclusively for the improvement, maintenance, enhancement, enlargement, and operation of the Common Properties and Intended Common Properties, and to provide ~/28/oo 00-473 services which the Association is authorized to provide. Section 3. Application of "Maximum" Assessment. The Maximum Regular Annual Assessment, as set forth in subparagraph (a) hereinbelow, and as is automatically increased annually by an inflation adjuster pursuant to the provisions of subparagraph (3) below, shall be levied by the Association. If, however, the Board of Directors of the Association, by majority vote, determines that the important and essential functions of the Association may be properly funded by an Assessment less than the Maximum Regular Annual Assessment, it may levy such lesser Assessment; provided, however, so long as the Developer is engaged in the development of Properties which are subject to the terms of this Declaration, the Association may not reduce Assessments below those set out in Section 3(a) immediately below without the written consent of the Developer. The levy of an Assessment less than the Maximum Regular Annual Assessment in one (1) year shall not affect the Board's right to levy an Annual Assessment equal to the Maximum Regular Annual Assessment in subsequent years. If the Board of Directors shall levy less than the Maximum Regular Annual Assessment for any Assessment year, such Annual Assessment shall automatically be greater than the Annual Assessment levied for the previous Assessment year by a percentage equal to the inflation adjuster set out in subparagraph (e) below; provided, however, that the Board of Directors may, by majority vote, levy a greater or lesser Assessment if it shall determine that the important and essential functions of the Association will be properly funded by such greater or lesser Assessment. If the Board of Directors shall levy less than the Maximum Regular Annual Assessment for any Assessment year and thereafter, during such Assessment year, determine that the important and essential function of the Association cannot be funded by such lesser Assessment, the Board may, by majority vote, levy a Supplement Assessment. In no event shall the sum of the initial and Supplemental Annual Assessments for that year exceed the applicable Maximum Regular Annual Assessment. If the Board of the Association determines that the important and essential functions of the Association will not be properly funded in any one (1) year, or in any one (1) year and all subsequent years, without an increase in the Maximum Regular Annual Assessment, it may request approval of a specified increase in the Maximum Regular Annual Assessment for either one (1) year only, or for that one (1) year and all subsequent years, by the vote of the Members at a duly called meeting of the Association, subject to the quorum requirements established by Article III, Section 6(a). Should the Members vote in favor of such proposed increase, it shall be deemed approved and may be levied by the Board. An increase in the Maximum Regular Annual Assessment for one (1) year only pursuant to the provisions hereof shall in no way affect the Maximum Regular Annual Assessment for subsequent years or increases thereof in subsequent years. (a) From and after January 1, 1988, the Maximum Regular Annual Assessment shall be one hundred twenty ($120.00) dollars per Residential Lot, automatically increased each year thereafter by the inflation adjuster set forth in Section 3(e) of this Article. 6/28/oo 00-474 (b) Property shall not be classified for purposes of these Covenants and these Annual Assessments as a Residential Lot until the first day of the quarter of the year following (i) the date of recording of the Plat in the Clerk's Office showing such lot, and (ii) the date of placement of such lot on the Developer's inventory list of lots available for sale to purchasers; (c) Assessments shall be billed on such basis as may be determined by the Board of Directors. The billing schedule shall be the same for all Properties. Ail Assessment bills shall be due and payable ninety (90), thirty (30), or fifteen (15) days from the date of mailing of same as determined by the Board of Directors, provided, however, that if the Board of Directors elects to utilize a Billing Agent, the Billing Agent shall set the date on which Assessraent bills shall be due and payable. (d) The Board of Directors may authorize a Billing Agent to collect the Assessments. If the Board of Directors elects to sue a bank card or credit card service as such Billing Agent, the Board of Directors shall have the power to authorize the opening of a credit card account in the name of each Owner and the issuance of a credit card to each Owner for the payment of Assessments, subject to approval of the credit card service, and each such Owner shall be required to utilize the approved credit card account for payment of Assessments. (e) From and after January 1,. 1992, the Maximum Regular Annual Assessment shall be automatically increased each year by the percentage increase between first and last months of the thirteen (13) month period terminating at the end of the third (3rd) quarter of the previous year in the Consumer Price Index, U.S. City Average, Ail Items (1967-100) ("C.P.I.") issued by the U.S. Bureau of Labor Statistics in its monthly report entitled "The Consumer Price Index, U.S. City Average and Selected Areas". If the C.P.I. is discontinued, then there shall be used the most similar index published by the United States Government that may be procured indicating changes in the cost of living. Section 4. Special Assessments for Improvements and Additions. In addition to the Maximum Regular Annual Assessments authorized by Section 3 hereof, the Association may levy Special Assessments for the following purposes: (a) construction, reconstruction, repair, or replacement of capital improvements upon the Common Properties or Intended Common Properties, including the necessary fixtures and personal property related thereto: (b) additions to the Common Properties; (c) to provide necessary facilities and equipment to offer the services authorized herein; or (d) to repay any loan made to the Association to enable it to perform the duties and functions authorized herein. Such Special Assessment, before being charged, must have received the approval of the Members of the Association by the favorable vote of fifty-one (51%) percent of the votes cast at a duly called meeting of the Association, subject to the quorum requirements established by Article III, Section 6(a). The 00-475 6/28/00 notice of such meeting shall include one (1) statement from those Directors favoring the Special Assessment and one (1) statement from those Directors opposing the Special Assessment, if any, containing the reasons for those Directors' support and opposition for the Assessment. Neither statement shall exceed five (5) pages in length. This provision shall be interpreted to mean that the Association may make in any one (1) year an Annual Assessment up to the maximum set forth in Section 3 of this Article V, plus an additional Special Assessment. Such Special Assessment in any one (1) year may not exceed a sum equal to the amount of the Maximum Regular Annual Assessment for such year except for emergency or repairs required as a result of storm, fire, natural disaster, or other casualty loss. The fact that the Association has made an Annual Assessment for an amount up to the Maximum Regular Annual Assessment shall not affect its right to make a Special Assessment during the year. Section 5. Reserve Funds. The Association may establish reserve funds to be held in reserve in an interest drawing account or investments as a reserve for: (a) major rehabilitation or major repairs; (b) emergency and other repairs required as a result of storm, fire, natural disaster, or other casualty loss; and (c) initial costs of any new service to be performed by the Association. Section 6. Change in Maximum Amounts of Annual Assessments Upon Merger or Consolidation. The limitations of Section 3 hereof shall apply to any merger or consolidation in which the Association participates. Section 7. Date of Commencement of Annual Assessments, Due Date. Notwithstanding anything in the foregoing to the contrary, the Annual Assessments provided for herein shall commence no earlier than 'January 1, 1991. The initial Annual Assessment on the actual Date of Commencement shall be prorated to reflect the remaining full quarters of the initial Assessment year. Section 8. Duties of the Board of Directors. The Board of Directors shall fix the amount of the Annual Assessment and shall direct the preparation of an index of all Residential Lots on the Registration List and Annual Assessments and Special Assessments applicable thereto, which shall be kept in the Office of the Association and which shall be open to inspection by any Member. Written notice of Assessment shall thereupon be sent to every Member subject thereto. The Association shall upon demand at any time furnish to any Owner liable for said Assessments a certificate in writing signed by an Officer of the Association, setting forth whether said Assessments have been paid. Such certificate shall be conclusive evidence against all but the Owner of payment of any Assessment therein stated to have been paid. If the Board of Directors authorizes a Billing Agent to collect Assessments, the certificate of the said Billing Agent shall be conclusive evidence against all but the Owner of payment of any Assessment therein stated to have been paid. 6/28/00 00-476 Section 9. Effect of Non-Payment of Assessment: The Personal Obligation of the Owner; the Lien; Remedies of Association. If the Annual Assessment or any Special Assessment is not paid within thirty (30) days of the due date thereof, then such Assessment shall become delinquent and shall (together with interest thereon at the maximum annual rate permitted by law from the due date and costs of collection thereof including a reasonable attorney's fee) become a charge and continuing lien on the land and all improvements thereon against which each such Assessment is made, in the hands of the then Owner, his heirs, devisees, personal representatives, and assigns. If the Assessment is not paid within sixty (60) days after the due date, the Association may bring an action at law against the Owner personally and there shall be added to the amount of such Assessment the costs of preparing the filing of the Complaint in such action and a reasonable attorney's fee. In the event a judgment is obtained, such judgment shall include interest on the Assessmen't as above provided and a reasonable attorney's fee together with the costs of the action. If the Board of Directors of the Association elects to utilize a Billing Agent to collect .Assessments, interest which shall accrue on past-due sums shall be the maximum interest rate which such agent may lawfully charge. Section 10. Subordination of the Lien. The Lien of the Assessments provided for herein shall be subordinate to the lien of any first deed of trust now or hereafter placed upon any Properties subject to Assessment:, and in addition, shall be subordinate to the lien of the cost of corrective action provided for in the General Property Covenants. In the event a creditor acquires title to any Property subject to Assessment pursuant to foreclosure or any other proceeding or deed in lieu of foreclosure, said creditor shall be subject to Assessment. Section 11. Annual Statements. The President, Treasurer, or such other Officer as may have custody of the funds of the Association shall annually, within ninety (90) days after the close of the fiscal year of the Association, prepare and execute under oath a general itemized statement showing the actual assets and liabilities of the Association at the close of such fiscal year, and a statement of revenues, costs and expenses. It shall be necessary to set out in the statement the name of any creditor of the Association owed more than One Thousand and no/100 ($1,000.00) Dollars. Such Officer shall furnish to each Member of the Association who may make a written request therefor, a copy of such statement, within thirty (30) days after receipt of such request. Such copy may be furnished to the Member either in person or by mail. Section 12. Annual Budget. The Board of Directors shall prepare and make available to all Members, at least sixty (60) days prior to the first day of each fiscal year, a budget outlining anticipated receipts and expenses for such fiscal year. The financial books of the Association shall be available for inspection by all Members at all reasonable times. 00-477 6/28/00 ARTICLE VI FUNCTIONS OF ASSOCIATION Section 1. Ownership and Maintenance of Properties. The Association shall be authorized to own and/or maintain Common Properties, Intended Common Properties, equipment furnishings, and improvements devoted to the following uses: (a) for roads, roadways, roadway medians and parkways along said roads or roadways, cul-de-sac islands, and neighborhood or other area entrances throughout the Properties; (b) for sidewalks, walking paths or trails, and bicycle paths through the Properties; (c) for neighborhood entrance signs, directional signs, and other area signs; (d) for security services; (e) for buildings used in maintenance functions; (f) for providing any of the services which the Association is authorized to offer under Section 2 of this Article VI; (g) for purposes set out in deeds by which Common Properties are conveyed to the Association, provided that such purposes shall be approved by the Members of the Association as set out in Section 4 of this Article VI; and (h) for indoor and outdoor community facilities, including, but not limited to, basketball courts, playgrounds, ball fields, gazebos, picnic shelters, picnic tables, parks, walking trails and bike trails. Section 2. Services. The Association shall be authorized but not required, except as specified in Section 3 of this Article VI, to provide the following services: (a) cleanup and maintenance of all roads, roadways, roadway medians, parkways, cul-de-sac islands, neighborhood and other area entrances, streams, parks, sidewalks, walking trails, bike trails, Common Properties, Intended Common Properties, and Open Space Areas within the Properties, and also all public properties which are located within or in a reasonable proximity to the Properties such that their deterioration would affect the appearance of the Properties as a whole; (b) landscaping and beautification of roads, roadways, roadway medians, parkways, cul-de-sac islands, neighborhoods and other area entrances, streams, parks, sidewalks, walking paths, bike trails, Common Properties, Intended Common Properties, and Open Space Areas; (c) maintenance of neighborhood directional signs, and other area signs; entrance signs, (d) lighting of roads, sidewalks, walking paths, bike trails, parking lots, and any recreational and community facilities located within the Properties; /28/oo 00-478 (e) security, including, but not limited to, the employment of security guards for the protection of persons and property within the Existing Property, and assistance in the apprehension and prosecution of persons who violate the laws of the State of Virginia or the County of Chesterfield, Virginia, within the Properties; (f) garbage and trash collection and disposal; (g) insect and pest control to the extent that it is necessary or desirable in the judgment of the Board of Directors of the Association to supplement the service provided by the state and local governments; (h) the services necessary or desirable in the judgment of the Board of Directors of the Association to carry out the Associations obligations and business under the terms of this document; (i) to take any and all actions necessary to enforce all Covenants and Restrictions affecting the Properties and to perform any of the functions or services delegated to the Association in any Covenants or Res-~rictions applicable to the Properties; (j) to set up and operate an Architectural Review Board in the event that the Association is designated by the Developer as the agent or the assign of the Developer for such purpose, pursuant to the provisions of Article VII; (k) to conduct instructional, recreational, sports, crafts, social, and cultural programs of interest to Members, their families and guests; (1) to construct improvements on Common Properties or Intended Common Properties for use for any of the purposes authorized in this Article, or as may be required to provide any of the services authorized in this Article; (m) to provide administratiw~ services, including, but not limited to, legal, accounting, and financial; and communication services, including, but not limited to, community newsletters and newspapers to inform Members of activities, notices of meetings, referendums, and other issues and events of community interest; (n) to provide liability and hazard insurance covering improvements and activities on the Common Properties; (o) to construct mailboxes, signs, and other standard features for use throughout the Properties; and (p) to provide any or all of the above listed services to another association of Owners of real property under a contract, the terms of which must be approved by the Board of Directors. Section 3. Minimum List of Functions and Services. The "Minimum List of Functions and Services" shall establish and define the minimum level of functions and services which the Association must furnish to its Members. So long as the Developer is engaged in the development of Properties which are subject to the terms of this Declaration, the Association shall not reduce the level of functions and services it furnishes to its Members below such minimum level without the prior written 6/28/00 00-479 consent of the Developer. The "Minimum List of Functions and Services" shall obligate the Association to: (a) provide or procure the administrative services necessary to carry out the Association's obligations and business under the terms of this Declaration, the Articles of Incorporation of the Association, and the By-Laws of the Association, including, but not limited to, legal, accounting, financial, and communications services; (b) administer and enforce the covenants and restrictions established in this Declaration, including, but not limited to, the following actions: (1) set Assessments, levy such Assessments, notify the Members of such Assessments, and collect such Assessments; (2) prepare accurate indexes of Members, Residential Lots, Votes, Assessments, the total number of Residential Lots placed on the Registration List of the Association, the maximum number of Residential Lots authorized in the Properties by the zoning Ordinance of the County of Chesterfield, Virginia, and the Maximum Regular Annual Assessment; (3) operate an Architectural Review Board in the event that the Association is designated by the Developer as the agent or the assign of the Developer for such purpose; (4) maintain and operate all Common Properties and Intended Common Properties; (5) hold Annual Meetings, Special Meetings, and Referendums as required, hold elections for the Board of Directors as required, and give Members proper notice as required; and (6) prepare annual statements and annual budgets, and shall make the financial books of the Association available for inspection by Members at all reasonable times; (c) should the Developer appoint the Association its agent for the administration and enforcement of any of the provisions of the General Property Covenants or any other covenants and restrictions of record, assume such responsibility and any obligations which are incident thereto; (d) should the Developer assign to the Association any of the rights reserved unto it in the General Property Covenants or any other covenants and restrictions of record, assume the responsibility of administering and enforcing said rights, and shall assume any obligations which are incident thereto; (e) provide appropriate liability and hazard insurance coverage for improvements and activities on all Common Properties; (f) provide appropriate Directors' and Officers' Legal Liability Insurance, and indemnify persons pursuant to the provisions of the Articles of Incorporation of the Association; (g) affairs; keep a complete record of all its acts and corporate (h) provide regular and thorough cleanup of all roads, 6/28/00 00-480 roadways, roadway medians, parkways, cul-de-sac islands, neighborhood and other area entrances, and bike trails throughout the Properties, including, but not limited to, mowing grass on all roadsides, cul-de-sac islands, entrances, and bike trails; landscape maintenance on all roadsides, cul-de-sac islands, entrances, and bike trails; pickup and disposal of trash on all roads, roadsides, cul-de-sac islands, entrances, and bike trails. Such cleanup as is possible shall begin within an individual residential neighborhood as soon as construction of dwellings has commenced within said neighborhood; (i) provide general maintenance of all neighborhood entrance signs, directional signs, and other area signs, including, but not limited to, painting, repair work, and replacement as needed: (j) repave all bike trails as needed; (k) provide regular and thorough maintenance and cleanup of all Common Properties and Intended Common Properties, including, but not limited to, mowing of grass, fertilization as needed, landscape maintenance as needed, pickup and disposal of trash, washing down of picnic tables and benches as needed, and painting, repairs to and replacement of all improvements as needed; and (1) operate and maintain all streetlights along all public roads and within all Common Properties and Restricted Common Properties. Section 4. Obligation of the Association. The Association shall not be obligated to carry out or offer any of the functions and services specified by the provisions of this Article VI except as specified in Section 3 of this Article VI. The functions and services to be carried out or offered by the Association at any particular time shall be determined by the Board of Directors taking into consideration the funds available to the Association and the needs of the Members of the Association. The functions and services which the Association is authorized to carry out or to provide may be added to or reduced, subject to the provisions of Section 3 of this Article VI, at any time upon the affirmative vote of fifty-one (51%) percent of the votes cast by the Type "A" Members at a duly called meeting of the Association. Section 5. Mortgage and Pledge. The Board of Directors shall have the power and authority to obtain loans to be used by the Association in performing its authorized functions and services and to mortgage the property of the Association and to pledge the revenues of the Association as security for such loans, provided that any such mortgage is with the prior consent of two-thirds of the Members of the Association, which consent may be evidenced by petition or by an affirmative vote of two-thirds of the Association. Tihe Developer may, but shall not be required, to make loans to the Association. Notwithstanding anything in this Declaration to the contrary, the Association shall not be allowed to reduce the level of the Annual Assessment below the limit of the Maximum Regular Annual Assessment at any time there are outstanding any amounts due the Developer as repayment of any loans made by the Developer to the Association without the express written consent of the Developer. 00-481 6/28/oo Section 6. Maintenance of Property Not Owned by the Association. The Association shall be authorized to render services of a governmental nature not furnished by the local government in the case of maintenance of property not owned by it. ARTICLE VII THE GENERAL PROPERTY COVENANTS AND ARCHITECTURAL CONTROT, Section 1. The General Property Covenants. Pursuant to the provisions of the General Property Covenants, the Developer reserved the right to appoint the Association its agent for the purpose of administering and enforcing, in whole or in part, the rights reserved unto the Developer in said General Property Covenants, including, but not limited to, the right to approve (or disapprove) plans, specifications, color, finish, plot plan, land management plan, and construction schedules for any or all buildings or structures to be erected within any or all of the properties subject to said General Property Covenants. Such appointment may be temporary or permanent, and shall be subject to any conditions, limitations, or restrictions which the Developer, in its sole and uncontrolled discretion, may elect to impose. Upon any such appointment of the Association as agent by the Developer, the Association shall assume any obligations which are incident thereto. In addition to the foregoing, the Developer reserved the right to assign in whole or in part to the Association its .rights reserved in the General Property Covenants to grant approvals (or disapprovals), to establish rules and regulations, to administer and enforce the provisions of said General Property Covenants, and any or all other rights reserved therein by the Developer. The assignment of such rights shall be subject to any conditions, limitations, or restrictions which the Developer, in its sole and uncontrolled discretion, may elect to impose at the time of assignment. Following the assignment of such rights, the Association shall assume all of the Developer's obligations which are incident thereto (if any), and the Developer shall have no further obligation or .liability with respect thereto. The assignment of such right or rights by the Developer to the Association shall be made by written instrument which shall be recorded in the Clerk's Office. Notwithstanding anything in the foregoing to the contrary, so long as the Developer, its successors and assigns, is the owner of property subject to the provisions of the General Property Covenants, the Developer, in addition to and jointly with the Association, shall retain all rights of easement reserved unto it in said General Property Covenants, and shall, furthermore, retain all rights of entry granted unto it in said General Property Covenants for the purposes of correcting, repairing, enhancing, improving, cleaning, preserving, clearing out, removing, or taking any action to prevent a violation of said General Property Covenants, and the retention of said rights of easement and entry by the Developer shall in no way create any obligation on the part of the Developer to perform any affirmative action. Section 2. The Architectural Review Board. Should the Developer designate the Association its agent or its assign for the purpose of administering and enforcing, in whole or in part, the rights reserved unto the Developer in the General 6/28/oo 00-482 Property Covenants to approve (or disapprove) plans, specifications, color, finish, plot plan, landscape plan, and construction schedules for any or all buildings or structures to be erected within any or all of the Properties as specified in Section 1 hereinabove, the Association shall establish and operate an Architectural Review Board for the purpose of administering and enforcing such approvals (or disapprovals). The Architectural Review Board shall be composed of at least three (3) but not more than eleven (11) Members, all of whom shall be appointed by the Board of Directors of the Association. At least one (1) Member of the Association other than the Developer shall be a Member of the Architectural Review Board at all times. ARTICLE VIII GENERAL PROVISIONS Section 1. Duration. These Covenants and any amendments thereto shall run with and bind the land subject hereto, and shall inure to the benefit of and be enforceable by the Association, the Developer, or the Owner of any land subject to this Declaration, their respective legal representatives, heirs, successors, and assigns, for a period of thirty (30) years from the date of this Declaration. Upon the expiration of said thirty (30) year period, this Declaration shall be automatically extended for successive periods of ten (10) years. The number of ten (10) year extension periods hereunder shall be unlimited, provided, however, that there shall be no extension of this Declaration if during the last year of the initial thirty (30) year period, or during the last year of any subsequent ten (10) year extension period, at a duly called meeting of the Association, fifty-one (51%) percent or more of the total vote entitled to be cast by all the Members of the Association shall vote in favor of terminating this Declaration at the end of its then current term. The presence at the meeting of Members or proxies entitled to cast sixty (60%) percent of the total vote of the Membership shall constitute a quorum. It shall be required that written notice of any meeting at which such a proposal to terminate this Declaration is to be considered, setting forth the fact that such a proposal will be considered, shall be given each Member at least thirty (30) days in advance of said meeting. In the event that the Members of the Association vote to terminate this Declaration, the President and Secretary of the Association shall execute a certificate which shall set forth the Resolution of Termination adopted by the Association, the date of the meeting of the Association at which such Resolution was adopted, the date that Notice of such Meeting was given, the total number of votes of Members of the Association, the total number of w}tes required to constitute a quorum at a meeting of the Association, the total number of votes present at said meeting, the total number of votes necessary to adopt a Resolution terminating this Declaration, the total number of votes cast against such Resolution. Said certificate shall be recorded in the Clerk's Office and may be relied upon for the correctness of the facts contained therein as they relate to the termination of this Declaration. Section 2. Amendments. Ail proposed amendments to this Declaration shall be submitted to a vote of the Members at a duly called meeting of the Association subject to the quorum requirements established by Article III, Section 6(a). Any /28/oo 00-483 proposed amendment shall be deemed approved if two-thirds (2/3) of the votes cast at such meeting vote in favor of such proposed amendment. Notice shall be given each Member at least thirty (30) days prior to the date of the meeting at which such proposed amendment is to be considered. If any proposed amendment to this Declaration is approved by the Members as set forth above, the President and Secretary of the Association shall execute an Addendum to this Declaration which shall set forth the amendment, the effective date of the amendment (which in no event shall be less than sixty (60) days after the date of the meeting of the Association at which such amendment was adopted), the date of the meeting of the Association at which such amendment was adopted, the date that notice of such meeting was given, the total number of votes of Members of the Association, the total number of votes required to constitute a quorum at a meeting of the Association, the total number of votes present at said meeting, the number of votes necessary to adopt the amendment, the total number of votes cast in favor of such amendment and the total number of votes cast against the amendment. Such Addendum shall be recorded in the Clerk's Office. So long as the Developer, as the Type "B" Member, is entitled to elect a majority of the Members of the Board of Directors, no amendment of this Declaration shall be made without the consent of the Developer. Section 3. Notices. Any notice required to be sent to any Member under the provisions of this Declaration shall be deemed to have been properly sent, and notice thereby given, when delivered personally or sent by mail, with the proper postage affixed, to the address appearing on the Association's Membership list. Notice to one (1) of two (2) or more co-Owners or co-Tenants of a Residential Lot shall constitute notice to all co-Owners or co-Tenants. It shall be the obligation of every Member to immediately notify the Secretary of the Association in writing of any change of address. Any person who becomes a Member following the first day in the calendar month in which said notice is delivered or mailed shall be deemed to have been given notice if notice was given to his predecessor in title. Section 4. Enforcement. Enforcement of these Covenants shall be by and proceeding at law or in equity against any person or persons violating or attempting to violate or circumvent any covenant or restriction, either to restrain violation or to recover damages, and against the land and to enforce any lien created by these Covenants; and failure by the Association or any Member or the Developer to enforce any covenant or restriction herein contained for any period of time shall in no event be deemed a waiver or estoppel of the right to enforce same thereafter. Section 5. Severability. Should any covenant or restriction herein contained, or any Article, Section, Subsection, sentence, clause, phrase or term of this Declaration be declared to be void, invalid, illegal, or unenforceable, for any reason, by the adjudication of any Court or other tribunal having jurisdiction over the parties hereto and the subject matter hereof, such judgment shall in no wise affect the other provisions hereof which are hereby declared to be severable and which shall remain in full force and effect. Section 6. Interpretation. The Board of Directors of the /28/00 00-484 Association shall have the right to determine all questions arising in connection with this Declaration, and to construe and interpret its provisions, and its determination, construction, or interpretation shall be final and binding. In all cases, the provisions of this Declaration shall be given that interpretation or construction that will best tend toward the consummation of the general plan of improvements. Section 7. Authorized Action. Ail actions which the Association is allowed to take under this instrument shall be authorized actions of the Association if approved by the Board of directors of the Association in the manner provided for in the By-Laws of the Association, unless the terms of this instrument provide otherwise. Section 8. Other Agreements. Notwithstanding anything contained herein to the contrary, all the provisions of these Covenants shall be subject to and conform with the provisions of: (a) the Zoning Ordinance of the County of Chesterfield, Virginia, and the rules and regulations promulgated thereunder, as may from time to time hereafter be amended or modified; (b) the Master Plan for the development of Stoney Glen West as approved by the Board of Supervisors of the County of Chesterfield as may from time to time hereinafter be amended or modified; and (c) the General Property Covenants recorded contemporaneously herewith in the Clerk's Office. In the event of any conflict between this Declaration and the General Property Covenants the General Property Covenants shall prevail. None of the provisions of this Section (6) are or shall in any way be construed to be or to constitute a conveyance, transfer, disposition, waiver or relinquishment of any right, title, and interest of the Developer or the Association, as their respective rights, titles, and interests may appear, in and to or under any of the above referenced instruments or documents to or for the benefit of any other person, firm, or corporation. Section 9. Limited Liability. In connection with all reviews, acceptances, inspections, permissions, consents or required approvals by or from the Developer and/or the Association contemplated under this Declaration, the Developer and/or the Association shall not be liable to an Owner or to any other person on account of any claim, liability, damage, or expense suffered or incurred by or threatened against an Owner or such other person and arising out of or in any way relating to the subject matter of any such reviews, acceptances, inspections, permissions, consents or required approvals, whether given, granted, or withheld. Section 10. Termination of Association. In the event that this Declaration be declared to be void, invalid, illegal, or unenforceable in its entirety, or in such a significant manner that the Association is not able to function substantially as contemplated by the terms hereof, for any reason, by the adjudication of any Court or other tribunal having jurisdiction over the parties hereto and the subject matter hereof, and such adjudication occurs within ten (10) years of the date of this /28/oo 00-485 Declaration, all Common Properties belonging to the Association at the time of such adjudication shall revert to the Developer, and the Developer shall own and operate said Common Properties as Trustee for the use and benefit of Owners within the Properties as set forth below. If said adjudication shall occur on a date more than ten (10) years after the date of this Declaration, or if the Members of the Association should vote not to renew and extend this Declaration as provided for in Article VIII, Section 1, all Common Properties owned by the Association at such time shall be transferred to a Trustee appointed by the Circuit Court of Chesterfield County, Virginia, which Trustee shall own and operate said Common Properties for the use and benefit of Owners within the Properties as set forth below: (a) Each Residential Lot located within the Properties shall be subject to an Annual Assessment which shall be paid by the Owner of each such Residential Lot to the Developer or Trustee, whichever becomes the successor in title to the Association. The amount of such Annual Assessment and its due date shall be determined solely by the Developer or the Trustee, as the case may be, but the amount of such Annual Assessment on any particular Residential Lot shall not exceed the amount actually assessed against that Residential Lot in the last year that assessments were levied by the Association, subject to the annual inflation adjustments set forth in subparagraph (b) immediately below. (b) The Maximum Regular Annual Assessment which may be charged by the Developer or Trustee hereunder on any particular Residential Lot may be automatically increased each year by an amount equal to the C.P.I. The actual amount of such increase in the Maximum Regular Annual Assessment on a Residential Lot shall equal the Maximum Regular Annual Assessment on such Residential Lot for the previous year multiPlied by the C.P.I. If the C.P.I. is discontinued, then there shall be used the most similar index published by the United States Government that may be procured indicating changes in the cost of living. (c) Any past due Annual Assessment together with interest thereon at the maximum annual rate allowed by law from the due date and all costs of collection including reasonable attorney's fees shall be a personal obligation of the Owner at the time the Annual Assessment became past due, and it shall also constitute and become a charge and continuing lien on the Residential Lot and all improvements thereon, against which the Assessment has been made, in the hands of the then Owner, his heirs, devisees, personal representatives and assigns. (d) The Developer, or the Trustee, as the case may be, shall be required to use the funds collected as Annual Assessments for the operation, maintenance, repair, and upkeep of the Common Properties. The Developer or Trustee may charge as part of the cost of such functions the reasonable value of its services in carrying out the duties herein provided. Neither the Developer nor the Trustee shall have the obligations to provide for operation, maintenance, repair, and upkeep of the Common Properties once the funds provided by the Annual Assessment have been exhausted. (e) The Developer shall have the right to convey title to the Common Properties, and to assign its rights and duties hereunder, provided that the transferee accepts such Properties subject to the limitations and uses imposed hereby and /28/oo 00-486 affirmatively acknowledges its acceptance of the duties imposed hereby. (f) The Trustee shall have the power to dispose of the Common Properties free and clear of the limitations imposed hereby; provided, however, that such disposition shall first be approved in writing by fifty-one (51%) percent of the Owners of Properties or in the alternative shall be found to be in the best interest of the Owners of Property by the Circuit Court of Chesterfield County, Virginia. The proceeds of such a sale shall first be used for the payment of any debts or obligations constituting a lien on the Common Properties, then for the payment of any obligations incurred by the Trustee in the operation, maintenance, repair, and upkeep of such Properties, then for the payment of any obligations distributed among the Owners of Property, exclusive of the Trustees, in a proportion equal to the portion that the Maximum Regular Annual Assessment on property owned by a particular Owner bears to the total Maximum Regular Annual Assessments. for all property located within the Properties. IN WITNESS WHEREOF, the Association and the Developer have caused this instrument to be executed and their seals attached by their duly authorized officers. WHEREAS, STONEY GLEN WEST ASSOCIATES LIMITED PARTNERSHIP, a Virginia limited partnership ("Developer"), is the owner of certain lands located within a community known as "Stoney Glen West" in Chesterfield County, Virginia. WHEREAS, the Developer wishes to declare certain restrictive covenants affecting certain lands in Stoney Glen West. NOW, THEREFORE, the Developer does hereby declare that the covenants contained herein shall be covenants running with the land and shall apply to the lands described in Exhibit "A" attached hereto and such additions thereto as may hereinafter be made pursuant to paragraph 4.4 of Part IV hereof. The Developer reserves in each instance the right to add additional restrictive covenants in respect to lands to be conveyed in the future within the .Properties, or to limit therein the application of this Declaration. DEFINITIONS "Stoney Glen West" when used herein shall refer to the lands in Chesterfield County, Virginia, which are shown as a part of Stoney Glen West on the Developer's Master Plan as revised from time to time. Whenever used herein, the term "Developer" or "the Developer" shall refer to Stoney Glen Associates Limited Partnership, a Virginia limited partnership, its successors and assigns, and any agent or agents appointed by Stoney Glen West Associates Limited Partnership, its successors and assigns, to act on its behalf for the purpose of administering or enforcing, in whole or in part, the rights reserved unto the Developer in this Declaration. Whenever used herein, the term "Association" shall refer to Stoney Glen West Association, Inc., a Virginia non-profit, non-stock corporation, its successors and assigns, and any other community or owners association within Stoney Glen West /28/oo 00-487 organized or to be organized, by the Developer or by others with the consent of the Developer. The terms "Property" and "Properties" when used herein shall refer to any tract of land or subdivision thereof in Stoney Glen West which has been subjected to the provisions of this Declaration or any Supplemental Declaration under the provisions of paragraph 4.4 of Part IV hereof, as may be referenced in deeds issued by the Developer or any third party with the consent of the Developer, including without limitation, all that tract or parcel of land, situate, lying and being in Chesterfield County, Virginia, which is more particularly described in Exhibit "A" attached hereto and by specific reference made a part hereof. The terms "Property Owner", "Owner of Property", and "Owner" when used in this Declaratien shall mean and refer to all owners of an interest in real preperty in Steney Glen West which has been subjected to the previsiens ef this Declaration. The term "Master Plan" when used in this Declaration shall mean and refer to the drawing which represents the conceptual plan for the future development of Stoney Glen West. Since the concept of the future development of Stoney Glen West is subject to continuing revision and change by the Developer, present and future references to the "Master Plan" shall be references to the latest revision thereof. The term "Open Space" or "Open Space Areas" when used in this Declaration shall mean and refer to all those parcels and tracts of land within the Properties designated on the Master Plan or on recorded plats as "Open Space". The covenants and restrictions below will be referred to as the General Property Covenants of July , 1990, will be recorded in the Clerk's Office of the Circuit Court of Chesterfield County, Virginia, ("Clerk's Office") and may be incorporated by reference in deeds to real property issued by the Developer by reference to the book and page of recording in the land records of said Clerk's Office. PART I COVENANTS, RESTRICTIONS AND AFFIRMATIVE OBLIGATIONS APPLICABLE TO ALL PROPERTIES IN STONEY GLEN WEST The primary purpose of these covenants, restrictions and affirmative obligations ("Covenants") and the foremost consideration in the origin of same has been the creation of a community which is aesthetically pleasing and functionally convenient. The establishment of certain objective standards relating to design, size and location of dwellings and other structures makes it impossible to take full advantage of the individual characteristics of each parcel of Property and of technological advances and environmental values. For this reason such standards are not established by these Covenants. However, in order to implement the purposes of these Covenants, the Developer may establish and amend from time to time objective standards and guidelines, including, but not limited to, Building Guidelines, Uniform Sign Regulations, Uniform Mailbox Regulations, and Landscape Guidelines as such terms are defined hereinafter, which shall be in addition to and more restrictive than these Covenants, and which shall be binding on /28/oo 00-488 all Property Owners within Stoney Glen West. 1.1. Building Approvals. No building, fence, or other structure shall be erected, placed, or altered, nor shall a building permit for such improvement be applied for on any Property in Stoney Glen West until the proposed building plans, specifications, exterior color or finish, plot plan (showing the proposed location of such building or structure, drives, and parking areas), and construction schedule shall have been approved by the Developer. In addition, the Developer may, at its election, require prior written approval of a landscape plan. The Developer further reserves the right to promulgate and amend from time to time architectural standards and construction specifications (hereinafter referred to as the "Building Guidelines") for specific neighborhoods and areas or for all Properties within Stoney Glen West, and such Building Guidelines shall establish, define, and expressly limit those standards and specifications which will be approved in said neighborhoods and areas or within the Properties, including, but not limited to, architectural style, exterior color or finish, roofing material, siding material, driveway material, fencing material, landscape design, and construction technique. No alteration in the exterior appearance of any building, fence or structure, including exterior color or finish, shall be made without like prior approval by the Developer. One (1) copy of all plans and related data shall be furnished to the Developer for its records. In the event approval of such plans is neither granted nor denied within thirty (30) days following receipt by the Developer of written demand for approval, the provisions of this paragraph shall be thereby waived. (b) In order to assure that buildings, fences and other structures will be located and staggered so that the maximum view, privacy, sunlight, and breeze will be available to each building or structure within the confines of each Property, and to assure that structures will be located with regard to the topography of each Property, taking into consideration the location of large trees and other aesthetic and environmental considerations, the Developer reserves the right to approve the precise site and location of any building, fence or structure on any Property in Stoney Glen West. Such location shall be determined only after reasonable opportunity is afforded the Property Owner to recommend a specific site. The provisions of this paragraph shall in no way be construed as a guarantee that the view, privacy, sunlight, or breeze available to a building or structure on a given Property shall not be affected by the location of a building or structure on an adjacent Property. 1.2. Tree Removal. No trees measuring six (6) inches or more in diameter at a point two feet above ground level may be removed without the prior approval of the Developer. Approval for the removal of trees located within ten (10) feet of a building or within ten (10) feet of the approved site for such building will be granted unless such removal will substantially decrease the beauty of the Property. 1.3 Landscape Guidelines. The Developer reserves the right to promulgate and amend from time to time landscape guidelines (the "Landscape Guidelines") which shall establish approved standards, methods, and procedures for landscape management on specific Properties in Stoney Glen West, and such authorized standards, methods, and procedures may be utilized by the Owners of such specified Properties without prior written approval by the Developer; provided, however, the /28/oo 00-489 provisions of this paragraph 1.3 shall in no way constitute a waiver of the requirement to receive prior written approval for the removal of specified trees pursuant to paragraph 3 above. 1.4. Signs. Except as may be required by legal proceedings, no sign shall be erected or maintained on any Property by anyone, including, but not limited to, a Property Owner, a tenant, a realtor, a contractor, or a subcontractor, until the proposed sign size, color and content and the number and location of sign(s) shall have been approved by the Developer. The Developer further reserves the right to promulgate and amend from time to time uniform sign regulations ("the Uniform Sign Regulations") which shall establish standard design criteria for all signs, including, but not limited to, real estate sales signs, erected upon any Property in Stoney Glen West. 1.5. Mailboxes. No mailbox shall be erected or maintained on any Property until the proposed mailbox design, color, and location have been approved by the Developer. No alteration in the exterior appearance of any mailbox shall be made without like prior written approval by the Developer. The Developer further reserves the right to establish uniform mailbox regulations (the"Uniform Mailbox Regulations") which shall define standard design criteria for all mailboxes erected upon any Property in Stoney Glen West. 1.6. Maintenance. It shall be the responsibility of each Property Owner, tenant, contractor, or subcontractor to prevent the development of any unclean, unsightly, unkempt, unhealthy, or unsafe conditions of buildings or grounds on any Property which shall tend to substantially decrease the beauty or safety of Stoney Glen West, the neighborhood as a whole, or the specific area. 1.7. Parking. Each Property Owner shall provide space for the parking of automobiles off public streets prior to the occupancy of any building or structure constructed on said Property, in accordance with reasonable standards established by the Developer. 1.8. Sewage Disposal. Prior to the occupancy of a building or structure on any Property, proper and suitable provisions shall be made for the disposal of sewage by connection with the sewer mains of the Chesterfield County public sewer system or other means of sewage disposal if other means are approved by Chesterfield County and the Developer for use in Stoney Glen West. 1.9. Public Water. Prior to the occupancy of a building or structure on any Property, proper and suitable provisions for water shall be made by connection with the water lines of the Chesterfield County public water system or any other water system approved by Chesterfield County and the Developer for use in Stoney Glen West. 1.10. Utility Easements. The Developer hereby reserves a perpetual, alienable, and releasable easement and right on, over, and under the Properties to erect, maintain, and use electric, Community Antenna Television ("C.A.T.V."), and telephone poles, wires, cables, conduits, drainage ways, sewers, water mains, and other suitable equipment for the conveyance and use of electricity, telephone equipment, C.A.T.V., gas, sewer, water, drainage, or other public /28/oo O0-Ago conveniences or utilities on, in, or over those portions of such Property as may be reasonably required for utility line purposes; provided, however, that no such utility easement shall be applicable to any portion of such Property as may (a) have been used prior to the installation of such utilities for construction or a building whose plans were approved pursuant to these Covenants by the Developer, or (b) be designated as the site for a building on a plot plan for erection of a building which has been approved in writing by said Developer. These easements and rights expressly include the right to cut any trees, bushes, or shrubbery, make any gradings of the soil, or take any other similar action reasonably necessary to provide economical and safe utility installation and maintain reasonable standards of health, safety, and appearance. The Developer further reserves the right to locate wells, pumping stations, siltation basins, and tanks within Stoney Glen West in any Open Space or on any Property designated for such use on the applicable plat of said Property, or to locate same upon any Property with the permission of the Owner of such Property. 1.11. Antenna. No television antenna, radio receiver, radio sender, or other similar device shall be attached to or installed on any Property or on the exterior portion of any building or structure on any Property except as follows: (a) The provisions of this paragraph shall not prohibit the Developer from installing or approving the installation of equipment necessary for a master antenna system, C.A.T.V., mobile radio systems, or other similar systems within the Properties, pursuant to the provisions of paragraph 11 above; (b) Should C.A.T.V. services be unavailable and good television reception not be otherwise available, a Property Owner may make written application to the Developer for permission to install a television antenna, stating the proposed antenna's size, height, color, location and design, and such permission shall not be unreasonably withheld; and (c) No satellite dish antenna shall be installed upon any Property or attached to the exterior portion of any building or structure on any Property. 1.12. Fences. No chain ]_ink fence shall be erected or maintained on any Property. 1.13. Dog Pens. No dog pen shall be erected or maintained on any Property until the proposed dog pen design, color, fencing material, size, and location have been approved in writing by the Developer. No alteration in the exterior appearance of any dog pen shall be made without like prior written approval by the Developer. PART II ADDITIONAL RESTRICTIONS AFFECTING RESIDENTIAL LOTS 2.1. Definition. "Residential Lots" or "Lots" as used in this Part II shall mean and refer te all these parcels or tracts ef land within the Properties intended fer subdivisien or subdivided inte Preperties er lets intended for the censtruction efa detached heuse or single family dwelling unit (hereinafter referred te as a "dwelling unit"). 6/28/00 00-491 2.2. Minimum Size. Plans required under paragraph 1.1 of Part I of these Covenants will not be approved unless the proposed dwelling unit or any other structures will have the minimum square footage of enclosed dwelling space specified in the pertinent sales contract and deed. The term "enclosed dwelling space" shall not include garages, terraces, decks, open porches, screened porches, and similar areas. 2.3. Other Restrictions. (a) Ail Residential Lots shall be used for residential purposes, recreational purposes incidental thereto, and for customary accessory uses. The use of a portion of a dwelling unit on a Residential Lot as an office by the Owner or tenant thereof shall be considered a residential use if such use does not create undue customer or client traffic, as determined by the Developer, to and from the unit or the Property. (b) No structure, except as hereinafter provided, shall be erected, altered, placed, or permitted to remain on any Residential Lot other than one (1) detached single family dwelling and one (1) small lone-step, accessory building which may include a detached private garage, provided the use of such accessory building does not overcrowd the Property, as determined by the Developer, and provided, further, that such building is not used for any activity normally conducted as a business. Such accessory building may not be constructed prior to the construction of the main building. (c) A guest suite or like facility without a kitchen may be included as part of the main dwelling or accessory building on any Residential Lot, but such suite may not be rented or leased except as part of the entire premises including the main dwelling, and provided, however, that such suite would not result in over-crowding the Property, as determined by the Developer. (d) The provisions of this paragraph 2.3 shall not prohibit the Developer from using any dwelling units or accessory buildings as models. In addition, the Developer may grant permission to any builder to use any specific dwelling unit or accessory building as a model; selection of the particular dwelling unit or accessory building and any rules or regulations governing the use of such dwelling unit or accessory building as a model shall be determined by the Developer. 2.4. Completion of Construction. (a) The exterior of each dwelling unit and all 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. Dwelling units and other structures may not be temporarily or permanently occupied until the exteriors thereof have been completed. During the continuance of construction, the Owner of each Residential Lot shall require his contractor to maintain the Lot in a reasonably clean and uncluttered condition, pursuant to the provisions of paragraph 1.6 of these Covenants. /28/oo O0 -A92 (b) The failure to complete the exterior of any dwelling unit or any other structure within the time limit set forth in paragraph 2.4(a) above shall constitute a violation and breach of these Covenants. The Developer hereby reserves a perpetual, alienable, and releasable easement and right on, over, and under all Residential Lots for the purpose of taking any action necessary to effect compliance with paragraph 4(a) above, including, but not limited to, the right to enter upon any Property for the purpose of completing the exterior of such dwelling unit or any other structure which is in violation of paragraph 2.4 (a). 2.5. Garbage. (a) Each Residential Lot Owner shall provide a screened area to serve as a service yard and an area in which garbage receptacles, fuel tanks or similar storage receptacles, electric and gas meters, air conditioning equipment, clotheslines, and other unsightly objects must be placed or stored in order to conceal them from view from the road and adjacent Properties. Pursuant to the provisions of paragraph 1.1, plans for such screened area delineating the size, design, specifications, exterior color or finish, and location must be approved by the Developer prior to construction. No alteration in the exterior appearance of any screened area shall be made without like prior written approval by the Developer. Garbage receptacles and fuel tanks may be located outside of such screened area only if located underground, and such underground garbage receptacles and fuel tanks and their location must likewise be approved by the Developer prior to construction. permitted Developer. (b) There shall be no curbside garbage pickup without the prior written permission of the Garbage pickup garbage receptacle location paragraph 2.5 (a) above. shall only take place at the approved by the Developer in (c) The Developer reserves the right to approve the selection of waste management vendor(s) authorized to provide garbage pickup within the Properties. 2.6. Mobile Homes, Boat Trailers, Outbuildings, Etc. No mobile home, trailer, barn, or other similar out building or structure shall be placed on any Residential Lot at any time, either temporarily or permanently. Except as provided below, boats, boat trailers, campers, recreational vehicles, oversized vehicles, or utility trailers may be maintained on a Residential Lot, but only within an enclosed or screened area such that they are not generally visible from the road or adjacent Properties. Pursuant to the provisions of paragraph 1.1, plans for such enclosed or screened area delineating the size, design, specifications, exterior color or finish, and location must be approved by the Developer prior to construction. No alteration in the exterior appearance of any enclosed or screened area shall be made without like prior written approval by the Developer. A small boat, boat trailer, or boat on a boat trailer may be placed in the rear yard of a Residential Lot without being enclosed by a screened area if such boat, boat trailer, or boat on a boat trailer does not exceed an overall height of four (4') feet above ground level. 2.7. Temporary Structures. No structure of a temporary s/28/oo 00-493 character other than shelters or temporary structures used by the contractor during construction of the main dwelling unit shall be placed upon any Residential Lot at any time. Temporary shelters or structures permitted during construction may not, at any time, be used as residences or permitted to remain on the Property after completion of construction. The design and color of structures temporarily placed on a Residential Lot by a contractor shall be subject to reasonable aesthetic control by the Developer. 2.8. Utility Easements. The utility and drainage easement reserved by the Developer in paragraph 1.10 of these Covenants shall be located along any two (2) of the boundary lines of each Residential Lot. 2.9. Subdivision of Lots. No Residential Lot shall be subdivided or its boundary lines changed, nor shall application for same be made to Chesterfield County, except with the prior written consent of the Developer. However, the Developer hereby expressly reserves the right to replat any Residential Lot(s) owned by it and shown on the plat of any subdivision within the Properties in order to create a modified building Lot or Lots, and to take such other steps as are reasonably necessary to make such replatted Lot(s) suitable and fit as a building site including, but not limited to, the relocation of easements, walkways, rights of way, roads, bike trails, bridges, parks, recreational and community facilities, and other amenities to conform to the new boundaries of said replatted Lot(s), provided that no Lot originally shown on a recorded plat is reduced to a size more than ten (10%) per cent smaller than the smallest Lot shown on the first plat of the subdivision section recorded in the public records. The provisions of this paragraph shall not prohibit the combining of two (2) or more contiguous Lots into one (1) larger Lot, only the exterior boundary lines of the resulting larger Lot shall be considered in the interpretation of these Covenants. PART III ADDITIONAL RESTRICTIONS AFFECTING OPEN SPACE AREAS 3.1. Maintenance of Open Space Areas. It is the intent of the Developer to maintain and enhance (or to convey subject to open space restrictions to the Association) certain Open Space Areas. The Developer reserves the right to review and modify the Master Plan at its sole option from time to time based upon its continuing research and design program, and such modifications may change the boundaries of certain Open Space Areas designated as such upon the Master Plan. The Developer further reserves the right to transfer, sell, convey, give, donate, or lease to the Association or to any other third party any Open Space Area. 3.2. Easements. An easement in Open Space Areas is hereby granted to the Owners of Properties in Stoney Glen West, tenants of such Properties, and their guests, which easement shall entitle such Owners, tenants, and their guests, to enjoy the Open Space Areas subject to the rules and regulations established by the Developer. The granting of such easement in no way grants to the public or to the owners of any land outside the Properties in Stoney Glen West the right to enter any Open Space Area without the prior written permission of the Developer. / 8/oo 00-494 3.3. Improvements. The Deweloper hereby reserves the right to enter upon any Open Space Area for the purpose of constructing, landscaping, maintaining, and operating any community facilities, including, but not limited to, parks, playgrounds, gazebos, picnic shelters, picnic tables, walking trails, bike trails, and, subject to limitations imposed by governmental authorities, scenic roadsides and neighborhood entrance areas. The Developer further reserves the right to authorize the construction, landscaping, maintenance, or operation of such facilities within Open Space Areas by the Association or any other third party. 3.4. Trash and Garbage. No trash, garbage, sewage, sawdust, or any unsightly or offensive material shall be placed upon any Open Space Area, except as is temporary and incidental to the bona fide improvement of the area in a manner consistent with its classification as an Open Space Area. 3.5. Reservation of Easement. The Developer hereby reserves every reasonable use and enjoyment of said Open Space Areas, in a manner not inconsistent with the provisions of this Declaration. 3.6. Conveyance of Qpen space Area. The Developer hereby reserves the right to convey Open Space Areas to the Association. Such conveyance shall be made subject to the provisions of this Part III, all other restrictions and limitations of record, and any other restrictions or limitations which the Developer, in its sole and uncontrolled discretion, shall elect to impose. As an appurtenance to such conveyances, the Association shall have all of the powers, immunities, and privileges reserved unto the Developer in this Part III as well as all of the Developer's obligations with respect thereto, provided, howew~r, that so long as the Developer is the Owner of Property subject to the provisions of this Declaration, the Developer, in addition to and jointly with the Association, shall retain all rights of easement and entry granted for the purposes of correcting, repairing, enhancing, improving, cleaning, preserving, clearing out, removing, or taking any action to prevent a violation of these Covenants. Property conveyed to the Association pursuant to the authority of this paragraph 3.6 shall become "Common Properties" as prescribed by the Declaration of Covenants and Restrictions of the Stoney Glen West Association, a Virginia General Partnership ("Declaration"), which is being recorded in the Clerk's Office contemporaneously herewith. PART IV ADDITIONS, LIMITATIONS; DURATION AND VIOLATION OF COVENANTS 4.1. Term. (a) All Covenants set forth in this Declaration and any amendments thereto shall run with the land and shall be binding on all parties, and persons claiming under them, specifically including, but not limited to, the successors and assigns, if any, of the Developer for a period of thirty (30) years from the date of this Declaration. Upon the expiration of said thirty (30) year period a]_l said Covenants shall be automatically extended for successive periods of ten years. The number of ten (10) year extension periods hereunder shall be unlimited, provided, however, that there shall be no /28/oo 00-495 extension of this Declaration if during the last year of the initial thirty (30) year period, or during the last year of any subsequent ten (10) year extension period, fifty-one (51%) percent or more of the total votes (as determined in subparagraph 4.1(c) hereinafter) entitled to be cast by all Owners of all Properties subject to the provisions of this Declaration vote in favor of terminating this Declaration at the end of its then current term at a Duly Called Meeting (as hereinafter defined) of the Owners of the Properties. The presence at said meeting of Owners or ballots entitled to cast sixty (60) percent of the total vote of all the Owners of all the Properties shall constitute a quorum. In the event that the Owners of the Properties vote to terminate this Declaration, the Developer shall execute a certificate which shall set forth the Resolution of Termination adopted by the Owners, the date of the meeting of the Owners at which such Resolution was adopted, the date that notice of such meeting was given, the total number of votes of all Owners of all the Properties, the total number of votes required to constitute a quorum at said meeting, the total number of votes present at said meeting, the total number of votes necessary to adopt a Resolution terminating this Declaration, the total number of votes cast in favor of such Resolution, and the total number of votes cast against such Resolution. Such certificate shall be recorded in the Clerk's Office and may be relied upon for the correctness of the facts contained therein as they relate to the termination of this Declaration. (b) A "Duly Called Meeting" shall mean and refer to any open meeting of the Owners of the Properties (or a portion of said Owners) called by the Developer for said purposes, subject to the giving of proper notice and the quorum requirements established in subparagraph 4.1(a) and in paragraph 4.2 herein. "Proper notice" shall be deemed to be given when delivered personally or sent by mail to each such Owner not less than thirty (30) days in advance of said meeting. There shall be sent with such notice a statement of certain motions to be introduced for vote of the Owners and a ballot on which each Owner may vote for or against each motion. Each ballot which is presented at such meeting shall be counted in calculating the quorum requirements for said meeting, provided, however, such ballots shall not be counted in determining whether a quorum is present to vote upon motions not appearing on the ballot. (c) The votes to which each Owner of Property subject to this Declaration shall be entitled shall be determined as follows: (i) The Owner of any Property which is also subject to the provisions of the Joint Declaration shall be entitled to as many votes as equals the total number of votes to which he is entitled as a Type "A" Member of the Association as defined and determined in said Declaration. (ii) The Owner of any Property which is not subject to said Declaration shall be entitled to as many votes as equals the total number of votes to which he would be entitled as a Type "A" Member of the Association if his Property were to be subjected to said Declaration. 4.2. Amendment. Ail proposed amendments to this Declaration shall be submitted to a vote of the Owners of Properties substantially affected by a change in Covenants at /28/oo 00-496 a Duly Called Meeting of said Owners. Unless the contrary shall be determined by a court, of equity jurisdiction, "substantially affected" shall mean those Properties shown on (a) the. plats showing the Properties to be modified in permitted use by the change, and (b) the plats which subdivided the Property immediately abutting the Property shown on plats identified in recorded in the Clerk's Office. Any such amendment shall be deemed approved if two-thirds (2/3) of the votes (as determined in subparagraph 4.1(c) herein above) cast at such meeting vote in favor of such amendment. The presence at said meeting of Owners or ballots entitled to cast sixty (60%) percent of the total vote of all the Owners of Property substantially affected by a change in Covenants shall constitute a quorum. If the required quorum is not present at said meeting, the Developer may, in its sole and uncontrolled discretion, call another meeting or meetings subject to the giving of proper notice, and the required quorum at such subsequent meeting or meetings shall be one-half (½) of the required quorum at the preceding meeting. If any proposed amendment to this Declaration is approved by the Owners as set forth above, the Developer shall execute an Addendum to this Declaration which shall set forth tlhe amendment, the effective date of the amendment (which in no event shall be less than sixty (60) days after the date of the meeting of the Owners at which such amendment was adopted), the date of the meeting of the Owners at which such amendment was adopted, the date that notice of such meeting was given, the total number of votes of Owners of Properties substantially affected by such amendment, the total number of votes required to constitute a quorum at a meeting of said owners, the total number of votes of said Owners present at said meeting, the total number of votes necessary to adopt such amendment, the total number of votes cast in favor of such amendment, and the total number of votes cast against such amendment. Such Addendum shall be recorded in the Clerk's Office. 4.3. Additional Covenants. The Developer hereby reserves the right to add additional restrictive covenants in respect to lands within the Properties to be conveyed in the future by the Developer to the Association or to any other third party, or to limit therein the application of these Covenants. The right to add additional restrictions or to limit the application of these Cowenants shall be reasonably exercised. 4.4. Additions. (a) The Developer hereby reserves the right to bring within the plan and operation of this Declaration any other property acquired by the Developer which is adjacent to or near the Properties. Such property may be subjected to this Declaration as one parcel or as several smaller parcels simultaneously or at different times. The additions authorized herein shall be made by recording a Supplementary Declaration of Rights, Restrictions, Affirmative Obligations and Conditions with respect to the additional property which shall extend the operation and effect of the Covenants to such additional property. Such Supplementary Declaration may contain such complementary additions and/or modifications of the Covenants as may be necessary or convenient, in the determination of the Developer, to reflect the different character, if any, of the added properties and as are not inconsistent with the plan of this Declaration, but such modifications shall have no effect upon the Property described in Exhibit "A" or upon any other 6/28/oo 00-497 prior additions to the Properties. (b) Upon the prior written approval of the Developer, the owner of any property who desires to bring such property within the plan and operation of this Declaration and to subject it to the jurisdiction of the Developer shall record a Supplementary Declaration of Rights, Restrictions, Affirmative Obligations and Conditions with respect to the additional property which shall extend the operation and effect of the Covenants to such additional property. Such Supplementary Declaration may contain such complementary additions and/or modifications as may be necessary or convenient, in the determination of the Developer, to reflect the different character, if any, of the added properties and as are not inconsistent with the plan of this Declaration, but such modifications shall have no effect upon the Properties described in Exhibit "A" or upon any other additions to the Properties. 4.5. Enforcement. In the event of a violation or breach of any of the Covenants by any Owner, tenant of such Owner, or agent of such Owner, the Owners of Properties in the neighborhood or in Stoney Glen West, or any of them, jointly or severally, shall have the right to proceed at law or in equity to compel a compliance to the terms hereof or to prevent the violation or breach in any event. In addition to the foregoing, the Developer and/or the Association shall have the right to proceed at law or in equity to compel a compliance to the terms hereof or to prevent the violation or breach in any event. 4.6. Other Remedies. In addition to the foregoing, the Developer shall have the right, whenever there shall have been placed or constructed on any Property in Stoney Glen West any building, structure, object, material, or condition which is in violation of these restrictions, to enter upon such Property where such violation exists and sun~narily abate or remove the same at the expense of the Owner, if after thirty (30) days written notice of such violation it shall not have been corrected by the Owner, tenant, or agent of the Owner; provided, however, that if the Developer in its reasonable discretion determines that immediate corrective action is required, and such action is not performed immediately by the owner, tenant, or agent of the Owner, the Developer or its agent shall have the right to enter immediately and summarily abate or remove such violation at the expense of the Owner. Any such entry and abatement or removal shall not be deemed a trespass. 4.7. No Trespass. Whenever the Developer or its agent is permitted by this Declaration to correct, repair, enhance, improve, clean, preserve, clear out, remove, or take any action on any Property or on the easement areas adjacent thereto, entering the Property and taking such action shall not be deemed a trespass. 4.8. No Waiver. The failure to enforce any Covenant, regardless of how long such failure shall continue, shall not constitute a waiver of or a bar to such right to enforce. 4.9. Costs; Lien. (a) Costs. Whenever the Developer is permitted by this Declaration to correct, repair, enhance, improve, clean, preserve, clear out, remove, or take any action on any Property 00-498 6/28/00 or on the easement areas adjacent thereto and entitled to have such cost paid by the Owner of the Property on or adjacent to which such corrective action is performed, the cost together with interest thereon at the maximum annual rate permitted by law from the due date and costs of collection therefor including a reasonable attorney's fee, shall be a charge and continuing lien on the real Proper~y and improvements thereon against which such cost is charged., in the hands of the then Owner, his heirs, devisees, personal representatives, tenants, and assigns, and in addition shall also be the personal obligation of the Owner of such real Property at the time when such cost becomes due and payable. The cost of corrective action shall be billed at the completion of such corrective action, and all bills shall be due and payable thirty (30) days from the date of mailing of same. (b) Judgement. If the cost of corrective action billed to an Owner is not paid within thirty (30) days after the due date, the Developer may bring an action at law against the Owner personally to recover such cost, plus the costs of preparing the filing of the complaint in such action and a reasonable attorney's fee; in the event a judgement is obtained, such judgement shall include interest on the cost as above provided and a reasonable attorney's fee together with the costs of the action. (c) Subordination of Lien. The lien provided for herein shall be subordinate to the lien of any first deed of trust now or hereafter placed upon any Property subject to these Covenants. In the event a creditor (other than the Developer or the creditor of the Developer) acquires title to any Property pursuant to foreclosure or any other proceeding or deed in lieu of foreclosure, said creditor shall be subject to such lien placed upon such Property during the time in which the creditor holds title to such Property. 4.10. Assignment of Rights. (a) The Developer hereby reserves the right to assign in whole or in part to the Association its rights under these Covenants to grant consents and approvals or make determinations (or to withhold such consents or disapprovals), to establish rules and regulations, to administer and enforce the provisions of this Declaration, and all other rights reserved herein by the Developer. The assignment of such rights shall be subject to any conditions, limitations, or restrictions which the Developer, irt its sole and uncontrolled discretion, may elect to impose a~z the time of assignment. Following the assignment of such rights, the Association shall assume all of the Developer's obligations which are incident thereto (if any), and the Developer shall have no further obligation or liability with respect thereto. The assignment of such right or rights by the Developer to the Association shall be made by written instrument which shall be recorded in the Clerk's Office. (b) Notwithstanding anything in the foregoing to the centrary, se leng as the Develeper is the Owner ef Property subject to the Previsiens ef this Declaratien, the Develeper, in additien to and jointly with the Associatien, shall retain all rights ef easement reserved unte it in this Declaration, and shall, furthermere, retain all rights ef entry granted in this Declaration fer the purposes ef cerrecting, repairing, enhancing, improving, cleaning, preserving, clearing eut, 6/28/oo 00-499 removing, or taking any action to prevent a violation of these Covenants. 4.11. Appointment of Agent. The Developer hereby reserves the right to appoint the Association its agent for the purpose of administering and enforcing, in whole or in part, these Covenants and exercising the DeveloperTs rights hereunder. Such appointment may be temporary or permanent, and shall be subject to any conditions, limitations, or restrictions which the Developer, in its sole and uncontrolled discretion, may elect to impose. Upon any such appointment of the Association as agent by the Developer, the Association shall assume any obligations which are incident thereto. 4.12. Declaration. The Declaration is being recorded contemporaneously herewith in the ClerkTs Office. Properties described in Exhibit "A" and Owners of Properties described in Exhibit "A" shall also be subject to the provisions of the Declaration. Additional Properties brought within the plan and operation of this Declaration pursuant to paragraph 4.4 hereinabove, and Owners of such additional Properties, may become subject to the provisions of the Declaration, pursuant to the rules and regulations stipulated in Article II of the Declaration. 4.13. Conformance With Zoning and Master Plan. Notwithstanding anything contained herein to the contrary, all the provisions of these Covenants shall be subject to and conform with the provisions of (i) the Zoning Ordinance of the County of Chesterfield, Virginia, and the rules and regulations promulgated thereunder, as may from time to time hereafter be amended or modified, and (ii) the Master Plan for the development of Stoney Glen West as approved by the Board of Supervisors of the County of Chesterfield, Virginia, as may from time to time hereafter be amended or modified. 4.14. No Liability. The Developer shall not be liable to any Owner or to any other person on account of any claim, liability, damage, or expense suffered, incurred by, or threatened against any Owner or such other person arising out of or in any way relating to the subject matter of any reviews, acceptances, inspections, permissions, consents, required approvals or determinations which must be obtained from the Developer or from the County of Chesterfield, Virginia, whether given, granted, or withheld. 4.15. Consents Whenever any consent, approval or the right to make any determination is required of or reserved for the Developer pursuant to this Declaration, unless expressly stated to the contrary, such consent, approval or determination may be given, withheld or made by the Developer upon any ground, including purely aesthetic considerations, which in the sole and uncontrolled discretion of the Developer shall seem sufficient. In the event a written request for any such consent, approval or determination (accompanied, where appropriate, by all documents required to be delivered to the Developer in connection therewith) is neither granted nor denied within thirty (30) days following the date of receipt by the Developer of the request, the Developer shall be deemed to have waived the requirement for its consent or approval or waived its right to make a determination. 4.16. No Obligation. The provisions of paragraphs 1.6, 1.10, 2.4(b), 3.3, 3.6 and 4.9 of this Declaration shall not be 00-500 /28/oo construed to create any obligation on the part of the Developer to take any action in connection with the matters set forth in such paragraphs. 4.17. Severability. Should any covenant herein contained, or any article, section, subsection, sentence, clause, phrase, or term of this Declaration be declared to be void, invalid, illegal, or unenforceable, for any reason, by the adjudication of any court or other tribunal having jurisdiction over the parties hereto and the subject matter hereof, such judgment shall in no wise affect the other provisions hereof, which are hereby to be severable and which shall remain in full force and effect. Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 18. ADJO~NT On motion of Mr. Mr. McHale, seconded by Mr. Barber, the Board adjourned at 10:34 p.m. until July 26, 2000 at 3:00 p.m. Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. A'~t[ur 'S: W-arren Chairman 00-501 6/28/00