Loading...
01-08-1997 MinutesBOARD OF SUPERVISORS MINUTES January 8, 1997 Supervisors in Attendance: Mr. Arthur S. Warren, Chairman Mrs. Renny B. Humphrey, Vice Chrm. Mr. Edward B. Barber Mr. Harry G. Daniel Mr. J. L. McHale, III Mr. Lane B. Ramsey County Administrator Staff in Attendance: Chief Carl Baker, Police Department Mr. Craig Bryant, Dir., Utilities Mr. Steven Calabro, Dir., County Airport Ms. Marilyn Cole, Asst. County Administrator Mr. Richard Cordle, Treasurer Ms. Faith L. Davis, Clerk to the Board Chief F. W. Dolezal, Fire Department Mr. William D. Dupler, Building Official Mr. Michael Golden, Dir., Parks and Recreation Mr. Lawrence C. Haake, III, Registrar Mr. Bradford S. Hammer, Deputy Co. Admin., Management Services Mr. Russell Harris, County Ombudsman Mr. Thomas E. Jacobson, Dir., Planning Mr. Donald Kappel, Dir., Public Affairs Ms. Mary Lou Lyle, Dir., Accounting Mr. Robert L. Masden, Deputy Co. Admin., Human Services Mr. R. John McCracken, Dir., Transportation Mr. Richard M. McElfish, Dir., Env. Engineering Mr. Gary R. McLaren, Dir., Economic Development Mr. Steven L. Micas, County Attorney Mr. Francis M. Pitaro, Dir., General Services Mr. James J. L. Stegmaier, Dir., Budget & Management Mr. M. D. Stith, Jr., Deputy Co. Admin., Community Development Mr. Frederick Willis, Jr., Dir., Human Resource Mgt. Mr. Daniel called the regularly scheduled meeting to order at 3:05 p.m. 1/8/97 97-1 1. ORGANIZATIONAL MEETING 1.A. ELECTION OF CHAIRMAN AND VICE CHAIRMAN AND CONSIDERATION OF BOARD APPOINTMENTS Mr. Ramsey congratulated each of the Board members on their new election and expressed appreciation to the Board members for their leadership and a tremendously successful 1996. He stated the first order of business would be the election of Chairman and Vice Chairman. He noted nominations do not require a second and the first nominee to receive a majority vote will be Chairman for 1997. Mr. Daniel nominated Mr. Warren to :serve as Chairman for 1997. Nominations for election of Chairman of the Board of Supervisors were closed. The vote on election of Mr. Warren 'to serve as Chairman of the Board of Supervisors for 1997 was as follows: Mr. Daniel : Aye. Mr. Warren : Aye. Mr. Barber : Aye. Mrs. Humphrey: Aye. Mr. Daniel : Aye. Mr. Warren was elected as Chairman. Mr. Warren expressed appreciation to the Board for their confidence in nominating him to serve as Chairman for 1997. He stated that the Board had a very successful 1996 year and worked well together as a team and that he looks forward to a very successful 1997 year. He further stated that the Board has always come together on issues for the good of the County and that success this past year was culminated by approval of the Bond Referendum. He stated that this year the Board will implement the Referendum; will work hard to protect the County's drinking water resources; will continue to build on the County's educational system; and will continue to promote public safety programs and activities. Mr. Daniel nominated Mrs. Humphrey to serve as Vice Chairman for 1997. Nominations for election of Vice Chairman of the Board of Supervisors were closed. The vote on election of Mrs. Humphrey to serve as Vice Chairman of the Board of Supervisors for 199'7 was as follows: Mr. Warren : Aye. Mr. Barber : Aye. Mr. Daniel : Aye. Mrs. Humphrey: Aye. Mr. McHale : Aye. Mrs. Humphrey was elected Vice Chairman. Mrs. Humphrey expressed appreciation for the Board's confidence in her ability to serve as Vice Chairman. She stated that 1996 was a learning experience as a new elected official and expressed appreciation to each of the members of the Board for their assistance this past year. She further stated that the Board is serving Chesterfield County citizens very well as indicated by the passing of the Bond Referendum. She stated that she looks forward to the upcoming year. 97-2 1/8/97 On motion of Mr. McHale, seconded by Mr. Barber, the Board suspended its rules at this time to allow simultaneous nomination/appointment/reappointment of a members to serve on the Tri-Cities Area Metropolitan Planning Organization; the Metropolitan Richmond Convention & Visitors Bureau; the Capital Area Training Consortium; the Carpenter Center Board of Directors; and the Maymont Foundation. Vote: Unanimous 0 TRI-CITIES AREA METROPOLITAN PLANNING ORGANIZATION On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board simultaneously nominated/reappointed Mrs. Renny B. Humphrey to serve on the Tri-Cities Area Metropolitan Planning Organization whose term is effective immediately and will expire December 31, 1997. Vote: Unanimous o METROPOLITAN RICHMOND CONVENTION & VISITORS BUREAU (MRC&VB) On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board simultaneously nominated/appointed Mr. Arthur S. Warren to serve on the Metropolitan Richmond Convention & Visitors Bureau (MRC&VB) whose term is effective immediately and will expire December 31, 1997. Vote: Unanimous o CAPITAL AREA TRAINING CONSORTIUM Mrs. Humphrey stated that she would like to offer the Capital Area Training Consortium to the School Board as she feels much of the issues dealt with by this committee are pertinent to some of the educational and training programs that the School Board may be addressing or allow for a County staff person to serve on this committee. Mr. Ramsey stated that the By-laws of this organization requires that the governing bodies must serve on this committee. He further stated that meeting times for this committee are very difficult for Board of Supervisor members to attend. He stated that Mr. Masden currently attends all these meetings and functions as the County's liaison with the Consortium. He recommended that Mr. Masden be appointed to the Consortium with a recommendation that this committee's By-laws be amended to allow for a staff person to serve rather than an elected official. There was brief discussion relative to the Consortium agreement, not federal funding, requiring that an elected official serve on Capital Area Training Consortium. On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board simultaneously nominated/appointed Mr. Robert L. Masden to serve on the Capital Area Training Consortium whose term is at the pleasure of the Board. And, further, the Board requested that the Consortium's By-laws be amended to allow that County staff be able to serve in this capacity rather than an elected official. Vote: Unanimous 1/8/97 97-3 O CARPENTER CENTER BOARD OF DIRECTORS On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board simultaneously nominated/reappointed Mr. J. L. McHale, III to serve on the Carpenter Center Board of Directors whose term is at the pleasure of the Board. Vote: Unanimous o MAYMONT FOUNDATION On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board simultaneously nominated/appointed Mr. Harry G. Daniel to serve on the Maymont Foundation whose term is effective immediately and will expire December 31, 1997. Vote: Unanimous Mr. Warren confirmed the following committee appointments: o BUDGET AND AUDIT COMMITTEE Mr. McHale and Mr. Daniel (Unspecified Term) o COUNTY EMPLOYEE BENEFITS COMMITTEE Mr. Barber and Mrs. Humphrey (Unspecified Term) o COUNTY OFFICE SPACE NEEDS COMMITTEE Mr. Barber and Mrs. Humphrey (Unspecified Term) o COURTS SPACE AND FAMILY COURTS COMMITTEE Mr. Barber and Mr. McHale (Unspecified Term) o SCHOOL BOARD LIAISON COMMITTEE Mr. Warren and Mr. Daniel (Unspecified Term) o SOLID WASTE ADVISORY COMMITTEE Mrs. Humphrey (Term would be a one year term beginning January 1, 1997 and expiring December 31, 1997) 1.B. ADOPTION OF MEETING PROCEDURES GOVERNING BOARD OF SUPERVISORS Mr. Micas stated staff is recommending the Procedures Governing the Board of Supervisors Meetings basically remain the same with the exception of several changes designed to conform to the procedures of the Board's actual practices. After brief discussion, on motion of Mr. McHale, seconded by Mrs. Humphrey, the Board adopted the meeting Procedures Governing the Board of Supervisors Meetings for 1997, as amended. (It is noted a copy of the 1997 Procedures of the Board of Supervisors is filed with the papers of this Board.) Vote: Unanimous 97-4 1/8/97 1.C. SETTING OF REGULAR MEETING DATES FOR 1997 Mr. Ramsey reviewed the regular meeting dates for 1996 and stated the schedule would remain the same. He noted the months in which there is only one meeting -- July, August, and December -- the meetings would begin at 2:00 p.m. instead of 3:00 p.m. and the second meeting in November would be held two days before Thanksgiving rather than the eve of Thanksgiving. He then reviewed special meeting dates for 1996 and stated several Board members have requested a change in the meeting schedule and could amend the schedule at this time. Mr. Daniel requested a caveat be included that allows for no new Agenda Item to begin after 11:00 p.m. during a Board meeting. Mr. Micas stated that the Board would need to amend its meeting Procedures to provide that no new Agenda Item would be considered after 11:00 p.m. without unanimous consensus of the Board. After brief discussion, on motion of Mr. Daniel, seconded by Mr. Barber, the Board adopted the recommended regular and special meeting date schedule for 1997, as follows: January 8, 1997 at 4:00 p.m. January 22, 1997 at 4:00 p.m. February 12, 1997 at 4:00 p.m. February 26, 1997 at 4:00 p.m. March 12, 1997 at 4:00 p.m. March 26, 1997 at 4:00 p.m. April 9, 1997 at 4:00 p.m. April.23, 1997 at 4:00 p.m. May 14, 1997 at 4:00 p.m. June 11, 1997 at 4:00 p.m. July 23, 1997 at 4:00 p.m. August 27, 1997 at 4:00 p.m. September 10, 1997 at 4:00 p.m. September 24, 1997 at 4:00 p.m. October 8, 1997 at 4:00 p.m. October 22, 1997 at 4:00 p.m. November 12, 1997 at 4:00 p.m. **November 25, 1997 at 4:00 p.m. December 10, 1997 at 4:00 p.m. **Due to Thanksgiving Holiday Vote: Unanimous On motion of Mr. Daniel, seconded by Mr. Barber, the Board suspended its rules at this time to add an amendment to the Procedures of the Board of Supervisors for 1997. Vote: Unanimous 1/8/97 97-5 On motion of Mr. Daniel, seconded by Mr. Barber, the Board amended the Procedures of the Board of Supervisors for 1997 to provide that no new Agenda Item would be considered after 11:00 p.m. during Board meetings without unanimous consensus of the Board. Vote: Unanimous 2. APPROVAL OF MINUTES On motion of Mr. Barber, seconded by Mr. McHale, the Board approved the minutes of December 18, 1996, as submitted. Vote: Unanimous 3. COUNTY ADMINISTRATOR'S COMMENTS Mr. Ramsey recognized Mr. Stegmaier and Budget and Management staff for receiving the Distinguished Budget Presentation Award from the national Government Finance Officers Association of the United States and Canada (GFOA) Award. He noted this was the thirteenth conseCutive year that Chesterfield has won this Award. He commended Mr. Stegmaier and staff for receiving this Award. 4. BOARD COMMITTEE REPORTS Mr. Barber stated that his last "First Monday" meeting was held January 6, 1997 with Mrs. DeHart, Delegate John Watkins, and Senator Jack Reid being his guest speakers with the topic of discussion being upcoming issues to be addressed at the General Assembly that may affect Chesterfield County and the State of Virginia. He further stated that he is serving on a study commission of the General Assembly entitled, "The Commission on the Future of Public Education". He stated that the Commission's charge is to look at all innovations and suggestions that have been brought forward on public education in Virginia and that the Commission is looking at ways to improve education in Virginia. Mrs. Humphrey stated that her last constituents meeting was held December 3, 1996 with Secretary of Public Safety Jerry Kilgore, who has recently resigned to run for Attorney General, and the members of the Domestic Violence Intervention Project being the guest speakers. She further stated that the meeting had a tremendous impact on those attending and suggested that the members of the Domestic Violence Intervention Project may be able to attend other District constituent meetings to share their experiences and what they are doing on behalf of the residents of Chesterfield County. Mr. McHale stated that over the months before the upcoming Budget is adopted, his constituents meetings will be featuring Bermuda representatives from various Boards and Commissions on the actions of their Board and budget issues that they are facing. Mr. Warren stated that his last constituents meeting was held December 6, 1996 with Mr. Jay Rafler, General Manager of Cloverleaf Mall, and Captain John Austin, with the County's Police Department, being the guest speakers with the topic of discussion being the security and safety at the Mall and the area's corridor. He further stated that he held the first session of Chesterfield Matters on January 7, 1997 with his guest speakers being State Senator Stephen Martin and Delegate Samuel Nixon with the topic of discussion being 1996 accomplishments in the General Assembly and goals and issues coming before the Assembly in 1997. 1/8/97 97-6 Se REQUESTS TO POSTPONE ACTION, ADDITIONS, OR CHANGES IN THE ORDER OF PRESENTATION On motion of Mr. McHale, seconded by Mr. Barber, the Board added Item 9.B.13., Adoption of Resolution Supporting Appointment of Local Officials to State Committees and Commissions, to follow Item 9.B.12., Set Date for Public Hearing to Consider an Ordinance to Amend the Code of the County of Chesterfield, 1978, as Amended, by Amending and Reenacting Section 8-12 Relating to Fees Imposed for Collecting Delinquent Taxes; added Item 9.B.14., Approval of Reallocation in Community Development Block Grant Funds, Appropriation of FY96 Designation of General Fund Balance, Transfer of Funds from the Debt Service Center, and Approval of Funding for the Replacement of Athletic Track at Virginia State University to following 9.B.13.; and replaced Item 16.D., Public Hearing to Consider Appropriation of 1997 Bond Proceeds and Interest Earnings for School and County Capital Projects and Issuance Expenses, Adoption of Resolution Authorizing Issuance of General Obligation Bonds, and Adoption of Resolution Approving the Preliminary Official Statement for the Bond Issue and, adopted the Agenda, as amended. Vote: Unanimous 6. RESOLUTIONS AND SPECIAL RECOGNITIONS There were no Resolutions and Special Recognitions at this time. 7. WORK SESSIONS O REGARDING THE CENTRAL AREA PLAN Mr. Jacobson stated that the Central Area is a solid, livable community that has room to grow, primarily, in the southern and western areas. He further stated that the principal issue for this maturing, suburban area is to preserve and maintain the area as the stable, healthy suburban community that it is today. He stated that the major goals for the Central Area Plan are to maintain the long-term vitality and attractiveness of the Central Area, preserve the strength and character of this areas diverse neighborhoods, and accommodate new development within a planned and functional framework with special recognition of the County Airport as a development anchor and irreplaceable asset. He presented an overview of staff's original proposed Plan and noted that staff intends to increase the amount of planned light industrial area in the vicinity of the Airport by approximately 1,400 acres. He then presented an overview of a map showing a detail of the area around the Airport. He stated that staff continues to recommend light industrial uses in the area north of Cogbill Road and to the east of Belmont Road -- the Planning Commission is recommending residential for these areas. There was brief discussion relative to the difference in staff's recommendation and the Planning Commission regarding the Plan being that staff recommends light industrial and the Planning Commission recommends residential in an area between Cogbill and Belmont Roads. Mr. Jacobson introduced Ms. Barbara Fassett, Community Planner of the Planning Department, to present the Community Initiatives, primarily, for the northern part of the study areas. Mrs. Humphrey excused herself from the meeting. 1/8/97 97-7 Ms. Fassett presented an overview of the Community Initiatives in the Central Area Plan including the .Meadowbrook Area Community being the County's first Community Initiative. Mrs. Humphrey returned to the meeting. Ms. Fassett reviewed the Community Initiative recommendations including community identity; community schools; community beautification; and County organization. Mr. Barber stated that he hopes community~ wellness is an issue that continues to generate interest on the part of the neighborhoods, however, if the interest is not generated or does not continue, he hopes this initiative will not become a County function. Ms. Fassett continued to review Community Initiative recommendations including the property maintenance program. She then introduced Mr. Bill Dupler to review the Neighborhood Property Maintenance Code Enforcement Program relating to single-family residential rental inspections. Mr. Dupler presented an overview of the Neighborhood Property Maintenance Code Enforcement Program for the County that was basically generated by the Central Area Plan. He stated that the Planning Commission's recommendations included proactive neighborhood strategy and rental housing code enforcement strategy and noted that this Program is not intended to be limited only to rental property and that the County has the authority to support this activity by charging a fee. He then reviewed the annual inspections/biennial inspections program. When asked, he stated that the rental properties in the areas of Walmsley Boulevard to the 360 Corridor and Belmont Road up to Turner Road would not be included in this Program. He stated that the total annual recurring costs to the County would be approximately $201,998 and first year start-up costs would be approximately $65,500. There was brief discussion relative the first year's cost estimates being conservative; the mechanism in place to collect the fees for the inspection; and Mr. Barber expressed concerns relative to local government making the assumption that it must make something right when there necessarily has not been a problem. He stated that he feels it is the owners and renters responsibility to correct any problems to property. There was brief discussion relative to many citizens expressing their concerns that rental properties are not being maintained as well as owner-occupied properties. Mr. Daniel stated that most of the information that has been presented had come from County citizens through many meetings. He further stated that he feels a lot of thought needs to go into this issue and that the public is only looking for a way to ensure their neighborhood will not go into a state a despair. Mr. McHale stated that there is a lot of concern that rental property does not get the care that a resident owner gives and that the result is a state of deterioration of property. He further stated that the County will have a major portion of its housing stock hitting twenty years of age in the next five to eight years and that he feels the Board needs to be proactive on this issue. He commended staff for their efforts regarding this issue. 97-8 1/8/97 Mr. Jacobson stated that seVeral County neighborhoods have increased in the number of single-family rental homes. He further stated that these type Programs are a key towards maintaining and encouraging home ownership within County neighborhoods. Mr. Barber stated that this is a new service and a service with a fee. He further stated that he feels as long as the County continues to consider new services with fees, the Board needs to include these fees into the equation of the County's tax items coming up in the Budget. Mr. McHale stated that he feels this Program may not be sufficient. He further stated that he feels as the County grows and housing stock gets older, a lot of attention needs to be focused on the homes in the County being maintained at Code. He stated that a building inspection at sale is one way to ensure homes are maintained at Code. He further stated that he feels there is a potential for more rapid deterioration with homes now being built and that if this Board does not address the issue now, it will be put in the hands of a future governing body. He further stated that these are the types of services that should be paid for by the receivers of the services, regardless if they want the service or not. Mrs. Humphrey requested staff to show a land use map displaying Virginia Power lines before the public hearing begin this evening on the Central Area Plan. Mr. Daniel requested staff to also mark the location of the power lines in the area of Heritage Baptist on the new map. 8. DEFERRED ITEMS There were no Deferred Items at this time. 9. NEW BUSINESS 9.A. NON-STANDARD STREETLIGHT INSTALLATION COST APPROVALS On motion of Mr. McHale, seconded by Mr. Barber, the Board approved the following non-standard streetlight installation cost approval in the Bermuda Magisterial District: Installation of sixteen decorative acorn-style 8000 lumen streetlights No cost to install lights Additional annual cost of electrical service to the County: $1,614.72 per year for both subdivisions Vote: Unanimous 9.B. CONSENT ITEMS 9.B.1. TRANSFER OF BERMUDA DISTRICT THREE CENT ROAD FUNDS FO~ THE INSTALLATION OF TWO "NO DUMPING" SIGNS AT THE TERMINUS OF SHOP STREET On motion of Mr. McHale, seconded by Mr. Barber, the Board transferred $100 from the Bermuda District Three Cent Road Fund to the Environmental Engineering Department for the installation of two "No Dumping" signs at the terminus of Shop Street. Vote: Unanimous 1/8/97 97-9 9.B.2. APPROVAL OF FY97 NEW SCHOOL BOARD GRANTS On motion of Mr. McHale, seconded by Mr. Barber, the Board increased estimated State revenue by $12,000, Federal revenue by $19,340, local revenue by $165,000; increased the transfer from the School Operating Fund by $30,000; and increased the Instruction appropriation category in the School Grants Fund by $61,505. Vote: Unanimous 9.B.3. APPROVAL OF FY97 REVISED SC]~OOL BOARD GRANTS On motion of Mr. McHale, seconded by Mr. Barber, the Board increased estimated State revenue by $14,663 and estimated Federal revenue by $195,304; decreased local revenue by $3,475; and increased appropriations of Instruction by $199,692 and Administration/ Attendance & Health appropriations by $6,800 in the School Grants Fund. Vote: Unanimous 9.B.4. APPROVAL OF AGREEMENT FOR COUNTY ASSISTANCE TO PROVIDE WATER SERVICE TO POCAHONTAS STATE PARK On motion of Mr. McHale, seconded by Mr. Barber, the Board approved an agreement with the Department of Conservation and Recreation to provide water service to Pocahontas State Park. Vote: Unanimous 9.B.5. STATE ROAD ACCEPTANCE This day the County Environmental Engineer, in accordance with directions from this Board, made report in writing upon his examination of the roads in Foxcroft, Section IV, Matoaca District, and Whereas, the Resident Engineer for the Virginia Department of Transportation has advised the ]Director of Environmental Engineering, the street(s) in Foxcroft, Section IV, Matoaca District, meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation, and Whereas, the County and the Virginia Department of Transportation have entered into an agreement, recorded in Deed Book 2453, Page 405, January 21, 1994, for all stormwater detention/retention facilities in the County. Therefore, upon consideration whereof, and on motion of Mr. McHale, seconded by Mr. Barber, it is resolved that the roads in Foxcroft, Section IV, Matoaca District, be and they hereby are established as public roads. And be it further resolved, that 'the Virginia Department of Transportation, be and is hereby requested to take into the Secondary System, pursuant to Section 33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements, the following: Name of Street: Houndmaster Road From: Fox Club Parkway, State Route 5201, 0.08 mile east of Fox Briar Road, State Route 5202 Length: 0.12 mile 97-10 1/8/97 To: End of section limits, 0.12 mile north of Fox Club Parkway, State Route 5201 Guaranteed Right-of-Way Width: 50 feet. Name of Street: Houndmaster Terrace Length: 0.09 mile From: End of cul-de-sac, 0.09 mile west of Houndmaster Road To: Houndmaster Road, 0.11 mile north of Fox Club Parkway, State Route 5201 Guaranteed Right-of-Way Width: 50 feet. Name of Street: Houndmaster Circle Length: 0.04 mile From: Houndmaster Road, 0.11 mile north of Fox Club Parkway, State Route 5201 To: End of cul-de-sac, 0.04 mile east of Houndmaster Road Guaranteed Right-of-Way Width: 50 feet. This request is inclusive of the adjacent slope, sight distance, clear zone and designated Virginia Department of Transportation drainage easements indicated on the development plat. These roads serve 25 lots. This section of Foxcroft is recorded as follows: Section IV, Plat Book 79, Pages 97 and 98, December 30, 1992. This day the County Environmental Engineer, in accordance with directions from this Board, made report in writing upon his examination of the roads in Foxcroft, Section V, Matoaca District, and Whereas, the Resident Engineer for the Virginia Department of Transportation has advised the Director of Environmental Engineering, the street(s) in Foxcroft, Section V, Matoaca District, meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation, and Whereas, the County and the Virginia Department of Transportation have entered into an agreement, recorded in Deed Book 2453, Page 405, January 21, 1994, for all stormwater detention/retention facilities in the County. Therefore, upon consideration whereof, and on motion of Mr. McHale, seconded by Mr. Barber, it is resolved that the roads in Foxcroft, Section V, Matoaca District, be and they hereby are established as public roads. And be it further resolved, that the Virginia Department of Transportation, be and is hereby requested to take into the Secondary System, pursuant to Section 33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements, the following: Name of Street: Houndmaster Road From: End of section limits, 0.12 mile north of Fox Club Parkway, State Route 5201 To: End of cul-de-sac, 0.34 mile from Fox Club Parkway, State Route 5201 Guaranteed Right-of-Way Width: 50 feet. Length: 0.22 mile Name of Street: Foxvale Way Length: 0.10 mile From: Houndmaster Road, 0.20 mile north of Fox Club Parkway, State Route 5201 1/8/97 97-11 To: End of cul-de-sac, 0.10 mile east of Houndmaster Road Guaranteed Right-of-Way Width: 50 feet. This request is inclusive of the adjacent slope, sight distance, clear zone and designated Virginia Department of Transportation drainage easements indicated on the development plat. These roads serve 30 lots. This section of Foxcroft is recorded as follows: Section V, Plat Book 83, Page 11, January 5, 1994. Vote: Unanimous This day the County Environmental Engineer, in accordance with directions from this Board, made report in writing upon his examination of the roads in Timbermill North, Matoaca District, and Whereas, the Resident Engineer for the Virginia Department of Transportation has advised the Director of Environmental Engineering, the street(s) in Timbermill North, Matoaca District, meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation, and Whereas, the County and the Virginia Department of Transportation have entered into an agreement, recorded in Deed Book 2453, Page 405, January 21, 1994, for all stormwater detention/retention facilities in the County. Therefore, upon consideration whereof, and on motion of Mr. McHale, seconded by Mr. Barber, it is resolved that the roads in Timbermill North, Matoaca District, be and they hereby are established as public roads. And be it further resolved, that the Virginia Department of Transportation, be and is hereby requested to take into the Secondary System, pursuant to Section 33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements, the following: Name of Street: Timbernorth Trail From: Existing Timbernorth Trail, State Route 4364, 0.03 mile north of Timber Trail Drive, State Route 4360 To: Cul-de-sac, 0.15 mile north of Timber Trail Drive, State Route 4360 Guaranteed Right-of-Way Width: 50 feet. Length: 0.12 mile Name of Street: Timbernorth Court Length: 0.03 mile From: Timbernorth Trail, 0.06 mile north of Timber Trail Drive, State Route 4360 To: Cul-de-sac, 0.03 mile west of Timbernorth Trail Guaranteed Right-of-Way Width: 50 feet. This request is inclusive of the adjacent slope, sight distance, clear zone and designated Virginia Department of Transportation drainage easements indicated on the development plat. These roads serve 17 lots. 97-12 1/8/97 , / This section of Timbermill North is recorded as follows: Plat Book 83, Pages 85 and 86, March 2, 1994. Vote: Unanimous 9.B.6. INITIATION OF ADMINISTRATIVE VARIANCE FOR PROPERTY ON RUTHERS ROAD On motion of Mr. McHale, seconded by Mr. Barber, the Board initiated an administrative variance for property at 722 Ruthers Road. Vote: Unanimous 9.B.7. AWARD OF CONTRACT TO AUSTIN BROCKENBROUGH AND ASSOCIATES; JOHNSON, MIRMIRAN THOMPSON; RUST ENVIRONMENT AND INFRASTRUCTURE; SITE-BLAUVELT ENGINEERS, INCORPORATED; AND TIMMONS FOR ANNUAL ENGINEERING SERVICES On motion of Mr. McHale, seconded by Mr. Barber, the Board authorized the County Administrator to execute a contract with Austin Brockenbrough and Associates; Johnson, Mirmiran Thompson; Rust Environment and Infrastructure; Site-Blauvelt Engineers, Incorporated; and Timmons for annual engineering services to meet the engineering needs of the Transportation Department. (It is noted the contract shall be effective through January 8, 2000 and renewable for two one year terms.) Vote: Unanimous 9.B.8. ACCEPTANCE OF A PARCEL OF LAND ALONG BUFORD ROAD FROM BUFORD ROAD BAPTIST CHURCH On motion of Mr. McHale, seconded by Mr. Barber, the Board accepted, on behalf of the County, the conveyance of a parcel of land containing 0.0015 acres along Buford Road from Buford Road Baptist Church 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.) Vote: Unanimous 9.B.9. REQUEST TO QUITCLAIM A PORTION OF AN EXISTING SIXTEEN FOOT WATER EASEMENT ACROSS PROPERTY OF MEADOWDALE REALTY On motion of Mr. McHale, seconded by Mr. Barber, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute a quitclaim deed to vacate a portion of an existing sixteen foot water easement across property of Meadowdale Realty, LLC. (It is noted a copy of the plat is filed with the papers of this Board.) Vote: Unanimous 1/8/97 97-13 9.B.10. REQUESTS FOR PERi 9.B.10.a. FROM MOUNT PIS, 4ISSION ~AH UNITED METHODIS~ CHURCH TO CONSTRUCT CONCi~ETE CURB AND GUTTER AND A CONCRETE SIDEWALK WITHIi AN EXISTING SIXTEEN FOOT SEWER EASEMENT, A TW~ FOOT WATER EAS On motion of Mr. McHale, approved a request from Mc NTY FOOT SEWER EASEMENT, AND A SIXTEEN ~MENT seconded by Mr. Barber, the Board .unt Pisgah United MEthodist Church to construct a concrete curt and gutter and a iconcrete sidewalk within an existing sixteeln foot sewer easement, a twenty foot sewer easement, and a sixteen foot water easement, subject to the execution of a license agreement. (It is noted a copy of the vicinity sketch is filed with the papers of this Board.) Vote: Unanimous 9.B.10.b. FROM CHRONOS F~R A PORTION OF A S~DEWALK AND AWNING TO ENCROACH WI'~HIN AN EXISTING SIXTEEN FOOT WATER EASEMENT On motion of Mr. McHale, seconded by Mr. Barber, the Board approved a request from C~.ronos, L.C. to construct a portion of a sidewalk and awning to encroach within an existing sixteen foot water easement, sukject to tlhe execution of a license agreement. (It is noted~copy of the vicinity sketch is filed with the papers of this B0ard~ Vote: Unanimous 9.B.11. CONVEYANCE OF EASEMENT TO VIRGINIA E~ECTRIC AND POWER COMPANY TO INSTALL UNDERGROUND POWER LINES TO PROVIDE BACKUP POWER FOR!THE POCONO WATER P~MP STATION On motion of Mr. McHalel seconded by Mr. ~arber, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to iexecute an easeme]lt agreement with Virginia Electric and Power Company to instal] underground power lines to provide backup po~er for the Pocono ~ (It is noted a copy of thel plat is filed with Board.) Vote: Unanimous 9.B.12. SET DATE FOR A PUBLIC HEARING TO CON TO AMEND THE coDE OF THE COUNTY OF C AS AMENDED, BY AMENDING AND REENACT RELATING TO FEES IMPOSED FOR COLLEC TAXES On motion of Mr. McHale, seconded by Mr. Bar the date of February 26, 1997 for a public h an ordinance to amend the Code of the Count~ 1978, as amended, by amending and reenacI relating to fees imposed for collecting deli ater Pump Station. the papers of this SIDER AN ORDINANCE HESTERFIELD, 1978~ SECTION 8-12 ~ING DELINQUENT Uer, the Board set ~aring to consider ; of Chesterfield, ~ing Section 8-12 nquent taxes. Vote: Unanimous 1/8/97 97-14 9.B.13. ADOPTION OF RESOLUTION SUPPORTING APPOINTMENT OF LOCAL OFFICIALS TO STATE COMMITTEES AND COMMISSIONS On motion of Mr. McHale, seconded by Mr. Barber, the Board adopted the following resolution: WHEREAS, the provision of basic services to the citizens of this Commonwealth is a function and obligation of local government; and WHEREAS, the citizens of this Commonwealth hold their local governments responsible for basic services and hold an expectation of responsive attention to their needs by their local governments; and WHEREAS, the citizens of this Commonwealth elect representatives to local governing bodies whom they expect to carry out the wishes of the community in a fiscally sound, efficient, and effective manner; and WHEREAS, the local elected officials and their appointed management directors take very seriously this mandate from the public to provide for the needs of the community and ultimately are held responsible for the provision of services to the citizens; and WHEREAS, local government is the government closest to the people; and WHEREAS, changes made at the State level which alter or restrict the method of providing basic community services or which alter, reduce, or eliminate the ability of a local government to obtain the revenue necessary to provide basic services to its citizens are decisions which should not be made without full and thorough consultation with the local governments impacted by such decisions; and WHEREAS, the provision of basic services at the local level and the revenue resources available to the local government as well as the need for these services and revenues vary greatly from region to region and from locality to locality; and WHEREAS, the local elected officials and their managerial staffs have greater expertise and knowledge to provide insight into the needs and financial activities of their own specific communities than State officials or local officials from other parts of the State. NOW, THEREFORE BE IT RESOLVED, by the Chesterfield County Board of Supervisors that the Governor of Virginia and the General Assembly of Virginia be requested to appoint to all committees and commissions dealing with the provision of services or the revenue resources of local governments sufficient numbers of local elected officials and/or local government managerial staff persons to adequately relate to the committee or commission the true impact on our community of any and all decisions contemplated by that committee or commission. AND, BE IT FURTHER RESOLVED, that copies of this resolution be provided to the Governor of Virginia and the members of the General Assembly who represent our locality. Vote: Unanimous 1/8/97 97-15 9.B.14. APPROVAL OF REALi4OC~TION OF CO,UNITY DEVELOPMENT BLOCK GRANT FUNDi[NG, APPROPRIATION OF FY96 DESIGNATION OF Gi~NERAL FUND BALANCEt TRANSFER OF On motion of Mr. McHale,i seconded by Mr. Barber, the Board approved the reallocation of $76,325 in Com~nity Development Block Grant Funds; appropriated FY96 Designation of General Fund Balance, in the amount ofi$22,000; transferred $1,675 from the Debt Service Center; and ~pproved the increase in expenditures of $100,000 in General Fu~d dollars for a replacement track at Virginia State University~ Vote: Unanimous 10. HEARINGS OF CITIZENS ON UNSCHEDULED ~T~?ERS OR CLAIMS There were no Hearings of citizens on Unscb Claims. 11. REPORTS On motion of Mr. McHale,i seconded by Mr. accepted the following reports: A report on Developer Waker and Sewer Contr report on the General Fund Balance; Reserve Projects; District Road and Street Light Purchases. Vote: Unanimous 12. DINNER On motion of Mr. McHale, seconded by Mr. recessed to the Administration Building, Roo Vote: Unanimous 13. INVOCATION Bishop George Weegar, with the Church of Jesu Day Saints, gave the invocation. 14. PLEDGE OF ALLEGIANCE! TO THE FLAG OF THE AMERICA Members of Boy Scout Troop 826 led the Pledg the Flag of the United States of America. 15. RESOLUTIONS AND SPECIAL RECOGNITIONS 15.B. RECOGNIZING MS. GW DRUMMOND, MS. MELI MS. CYNTHIA CLARK DEPARTMENT OF PUBI Mr. Kappel introduced Ms Sean Drummond, Ms. Melis: Ms. Cynthia Clark who we~ eduled Matters or ~arren, the Board acts and a status ~or Future Capital Funds; and Lease ~arren, the Board 502, for dinner. Christ of latter UNITED STATES OF ~ of Allegiance to ~N SADLER, MS. DAIS~ PRIDGEN, MR. SEAN ~SA WILFONG, MS. DEBORAH HOGSHEAD, FOR THEIR VOLUNTEER EFFORTS IN THE IC AFFAIRS Gwen Sadler, Ms. Daisy Pridgen, Mr. ~a Wilfong., Ms. DebOrah Hogshead, and e present to accept the resolutions. 97-16 1/8/97 On motion of the Board, the following resolution was adopted: WHEREAS, the November, 1996 Chesterfield County Bond Referendum was of vital and far-reaching importance to the citizens of Chesterfield County; and WHEREAS, the Public Affairs Department staff needed to focus on a major communications effort to provide citizens with the information they needed to make an informed vote; and WHEREAS, assistance was needed to continue with many routine, but important public affairs tasks; and WHEREAS, the Public Affairs Department advertised for qualified volunteers to assist with taking photographs, writing articles, performing research, and other tasks; and WHEREAS, six volunteers particularly distinguished themselves through diligence, selfless dedication, and high- quality, professional work; and WHEREAS, it is appropriate to express the County's gratitude for that service. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield Board of Supervisors expresses its appreciation to Ms. Gwen Sadler, Ms. Daisy Pridgen, Mr. Sean Drummond, Ms. Melissa Wilfong, Ms. Deborah Hogshead, and Ms. Cynthia Clark for their volunteer efforts in the Department of Public Affairs. AND, BE IT FURTHER RESOLVED, that a resolution be presented Ms. Sadler, Ms. Pridgen, Mr. Drummond, Ms. Wilfong, Ms. Hogshead, and Ms. Clark and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Vote: Unanimous Mr. Warren presented the executed resolutions to Ms. Sadler, Ms. Pridgen, Mr. Drummond, Ms. Wilfong, Ms. Hogshead, and Ms. Clark and expressed appreciation for their volunteers efforts in the Public Affairs Department. 15.C. RECOGNIZING BOY SCOUTS UPON ATTAINING RANK OF EAGLE 15.C.1. MR. JOHN G. CASBEER, TROOP 826 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. John G. Casbeer, Troop 826, sponsored by The Church of Jesus Christ of Latter Day Saints, has accomplished those high standards of commitment and has reached the long- sought goal of Eagle Scout which is received by less than two percent of those individuals entering the Scouting movement; and 1/8/97 97-17 WHEREAS, growing t learning the lessons of himself on the great acc indeed a member of a new ~ of whom we can all be ver' NOW, THEREFORE BE IT RESOLVED, that County Board of Supervisors hereby extends i' to Mr. John G. Casbeer and acknowledges the g County to have such an )utstanding young ~ citizens. Vote: Unanimous ~rough his experiel]ces in Scouting, ~esponsible citizenship, and priding omplishments of hi~ County, John is eneration of prepa~ed young citizens proud. the Chesterfield 2s congratulations ~od fortune of the ~an as one of its Mrs. Humphrey presented tt~e executed resolution to Mr. Casbeer, accompanied by members of his family, congratulated him on his outstanding achievements,l and wished him w~ll in his future endeavors. ' ' 15.C.2. MR. DANIEL B. GARRISON, TROOP 826 On motion of the Board, the following resolu WHEREAS, the Boy ScOuts of America was William D. Boyce on February 8, 1910; and WHEREAS, the Boy Scouts of America was citizenship training, personal development individuals; and WHEREAS, after ear! in a wide variety of field a troop, carrying out ~ community, being active spirit, and living up to ling at least twent s, serving in a lea~ service project in the troop, ds the Scout Oath and 5ion was adopted: ncorporated by Mr. founded to promote and fitness of ~-one merit badges 'ership position in ~eneficial to his monstrating Scout Law; and WHEREAS, Mr. Danie~ B. Garrison, Troop 826, sponsored by The Church of Jesus Christ of Latter ! Day Saints, has accomplished those high standards of commitment and has reached the long-sought goal of Eagle Scout which i~ 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 iresponsible citize~ship, and priding himself on the great accomplishments of his County, Daniel is indeed a member of a new generation of prepared young citizens of whom we can all be very~ proud. NOW, THEREFORE BEi IT RESOLVED, that the Chesterfield County Board of Supervisolrs hereby extends its congratulations to Mr. Daniel B. Garriso~ and acknowledges the good fortune of the County to have such ain outstanding young man as one of its citizens. Vote: Unanimous Mrs. Humphrey presented the executed resoluti.)n to Mr. Garrison, accompanied by members of his family, congratulated him on his outstanding achievements and wished him well in his future endeavors. 97-18 1/8/97 15.C.3. MR. NICHOLAS ELI WOOD, TROOP 826 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. Nicholas Eli Wood, Troop 826, sponsored by The Church of Jesus Christ of Latter Day Saints, has accomplished those high standards of commitment and has reached the long-sought goal of Eagle Scout which is received by less than two percent of those individuals entering the Scouting movement; and WHEREAS, growing through his experiences in Scouting, learning the lessons of responsible citizenship, and priding himself on the great accomplishments of his County, Nicholas 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. Nicholas Eli Wood and acknowledges the good fortune of the County to have such an outstanding young man as one of its citizens. Vote: Unanimous Mrs. Humphrey presented the executed resolution to Mr. Wood, accompanied by members of his family, congratulated him on his outstanding achievements, and wished him well in his future endeavors. 15.C.4. MR. JASON NEIL SPIVEY, TROOP 855 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. Jason Neil Spivey, Troop 855, sponsored by The Church of Jesus Christ of Latter Day Saints, has accomplished those high standards of commitment and has reached the long-sought goal of Eagle Scout which is received by less than two percent of those individuals entering the Scouting movement; and 97-19 1/8/97 WHEREAS, growing t learning the lessons of himself on the great acc~ indeed a member of a new t of whom we can all be ver' NOW, THEREFORE BE County Board of Superviso to Mr. Jason Neil Spivey and acknowledges t~e good the County to have such ali outstanding youn~man as citizens. Vote: Unanimous (It is noted that Mr. Spi' therefore, staff will for~ 15.A. RECOGNIZING ICI PO2 RECIPIENT OF THE "~ APPRECIATION AND Ri COGNITION AWARD" Mr. McLaren introduced Engineering Director, and ICI Polyester, who was pre~ On motion of the Board, t]~e following resolu~ WHEREAS, the Chesterfield County Boa~ established a Business Appreciation and Rec recognize existing businesses within the Coun to the County's economy and its citizens; an~ nrough his experiences in Scouting, ~esponsible citizenship, and priding ~mplishments of his County, Jason is eneration of prepa]~ed young citizens proud. IT RESOLVED, that' the Chesterfield ?s hereby extends i~s congratulations fortune of one of its ! ;ey was unable to attend the meeting, ~ard the resolution to him.) ~YESTER AS THE 1996 LARGE BUSINESS ~HESTERFIELD COUNTY~BUSI~ESS WHEREAS, ICI Polyes Chesterfield County in 199 230 employees in 1972 to exceeding $34 million; an~ WHEREAS, ICI Polyes~ er is the leading ms types and thicknesses of 5he polyester film WHEREAS, productio~ at ICI Polyester i 15.6 million pounds of polyester fillm in 1973 million pounds in 1995; the Chesterfield s polyester polymer production plant, a film related support facilitieS; and major expansi¢ in 1978, 1980, 1982, 1984i, and 1988; and WHEREAS, ICI Polyester is a staunch Chesterfield County community through their charitable organization~ such as the Association, the American.~eart Association, as well as emergency services, particularly Volunteer Fire Department and Bensley Bermud~ Services; and WHEREAS, ICI Poly commitment to educational closely with John Tyler C Technical Center with technological background WHEREAS, ICI Poly~ House for citizens, custo~ to visit and tour tb understanding and goodwi ~. Peter Neuschul, IManufacturing and Mr. Jeff Adams, PIoject Director of ~ent to accept the r~solution. Neuschul ~ion was adopted: ?d of Supervisors ognition Award to ty that contribute ter observed its 2Z th anniversary in 6 and has increased in employment from 630 in 1996 with 'an annual payroll ~ster continues t¢ institutions in th~ ommunity College an the goal of buii[ding for students; and nufacturer of many MELINEX; and as increased from to a high of 125.8 itc consists of a duction plant, and ~s were undertaken supporter of the involvement with American Cancer nd the United Way, through the Enon Emergency Medical demonstrate its County by working the Chesterfield a stronger ster has initiatedl a Bi-annual Open hers, government officials, and others e ICI facility thereby improving 1 to the benefit of all; and 1/8/97 97-20 WHEREAS, ICI Polyester is a local leader in environmental solutions which have included a significant increase in recycling, reduction in waste through continuous process improvements, and a reduction in air emissions and the company also works with the Chesterfield County Riverfront Project Committee to ensure the most advanced habitat preservation methods are being used. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors hereby expresses its gratitude, on behalf of the County, to ICI Polyester for their many contributions. AND, BE IT FURTHER RESOLVED, that the Board of Supervisors publicly recognizes ICI Polyester as the 1996 Large Business Recipient of the "Chesterfield County Business Appreciation and Recognition Award". Vote: Unanimous Mr. McHale presented the executed resolution to Mr. Neuschul and Mr. Adams, congratulated them on their outstanding accomplishments, expressed appreciation for their many contributions to Chesterfield County, and wished them continued success. Mr. Neuschul expressed appreciation for the recognition. 16. PUBLIC HEARINGS 16.A. TO CONSIDER APPROPRIATION OF FY96 SCHOOL EXPENDITURE Mr. Stegmaier stated that this date and time has been advertised for a public hearing to consider appropriation $1,143,850 in FY96 School expenditure savings. No one came forward to speak in favor of or against this issue. On motion of Mr. McHale, seconded by Mr. Barber, the Board appropriated $1,143,850 in FY96 School expenditures savings for non-recurring expenses in FY97 as follows: ($691,000 in the School Operating Fund and $452,850 to the Reserve for School Capital Projects in the General Fund). Vote: Unanimous ~6.B. TO CONSIDER A CONVEYANCE OF AN APPROXIMATE 2.36 ACRE PARCEL OF LAND IN THE AIRPORT INDUSTRIAL PARK TO COGHILT, COMPOSITION COMPANY Mr. Stith stated this date and time has been advertised for a public hearing to consider a conveyance of an approximate 2.36 acre parcel of land in the Airport Industrial Park at $57,500 per acre to Coghill Composition Company. No one came forward to speak in favor of or against this issue. On motion of Mr. Daniel, seconded by Mr. McHale, the Board authorized the County Administrator to enter into a sales contract with Coghill Composition Company, approved as to form by the County Attorney, and effect the sale of approximately 2.36 acres of land in the Airport Industrial Park at $57,500 per acre to Coghill Composition Company. Vote: Unanimous 1/8/97 97-21 16.C. TO CONSIDER AN ORDINANCE AMENDING THE OF CHESTERFIELD BY!AMENDING SECTIONS 229.12, 21.1-229.4, AND 21.1-229.6 RE] DEVELOPMENT PHOSPHORUS LOADS, BOUNDAR~ ONE ADDITIONAL CLARIFICATION Mr. Stith stated this datie and time has beer public hearing to consider an ordinance development phosphorus loads additional clarification.I No one came forward to !speak ordinance. ~ODE OF THE COUNTY 1.1-229.11, 21.1- ~ATING TO POST- ADJUSTMENTS, AND . advertised for a 'elating to post- boundary adjustments, and one Mr. Warren stated that ~his ordinance will affect on the County's drinking water. Mr. Warren then made a motion, seconded by MI Board to adopt the following ordinance: AN ORDINANCE TO AMEND THE CODE OF T! OF CHESTERFIELD, 1978, AS A_MENDED, B~ AND REENACTING SECTION 21.1-229.11 RI ALLOWABLE POST-DEVELOPMENT PHOSPHOROU~ STORMWATER RUNOFF IN THE UPPER SWIFT CR] BE IT ORDAINED by the Board of Superviso County: (1) That Section 21.1-229.11 of County of Chesterfield, 1978, as amended reenacted to read as follows: Sec. 21.1-229.11. Development regulations Any use, development or redevelopment of 1~ performance criteria specified in this secti( (a) No more land shall be disturbed than is ne for the desired use or development. (b) Indigenous vegetation shall be preserv( extent possible consistent (c) Land development shal with the use or developmel in favor of or against this have a positive McHale, for the E COUNTY ~ AMENDING ~LATING TO ~ LOADS AND ~EK WATERSHED rs of Chesterfield the Code of the is amended and nd shall meet the )n. uessary to provide ~.d to the maximum with the use and de?elopment allowed. minimize imperiouS cover consistent ~t allowed.. (d) (1) For any use, dev(~lopment or redevel( runoff shall be controlle, to achieve the a. For any new use or development, the pos' point-source pollution rllnoff loads of pho: shall not exceed the foll.~wing: (i) Phosphorus: 1. The post-development total pho~ nonresidential uses and residential uses at than 2.2 units per acre ~pment, stormwater _lowing: z-development non- ~phorous and lead ;phorus load for a density greater located in areas identified for such uses in The Plan for Ches per acre per year. 2. The post-developmen uses shall not exceed 0.4 (ii) Lead: terfield shall notI exceed 0.45 pound t total phosphorus load for all other 4 pound per acre per year. 97-22 1/8/97 1. The post-development total lead load for nonresidential uses and residential uses at a density greater than 2.2 units per acre located in areas identified for such uses in The Plan for Chesterfield shall not exceed 0.19 pound per acre per year. 2. The post-development total lead load for all other uses shall not exceed 0.03 pound per acre per year. b. For redevelopment sites not currently served by water quality best management practices, the existing non-point-source pollution runoff loads of phosphorus and lead shall be reduced by at least ten (10) percent after redevelopment; however, the loads of such elements need not be reduced below the levels set forth in subsection (d) (1)a above. c. For redevelopment sites currently served by water quality best management practices, the post-development non-point- source pollution runoff loads of phosphorus and lead shall not exceed the existing loads or the loads set forth in subsection (d) (1)a above, whichever are greater. (2) The following stormwater management options shall be considered to comply with the requirements of subsection (d) (1): a. Incorporation on the site of best management practices that achieve the required control. b. Compliance with a locally adopted regional stormwater management program incorporating pro rata share payments pursuant to the authority provided in Code of Virginia, section 15.1-466(j), that results in achievement of equivalent water quality protection. c. Compliance with a state or locally implemented program of stormwater discharge permits pursuant to section 402(p) of the federal Clean Water Act, as set forth in 40 CFR parts 122, 123, 124, and 504, dated December 7, 1988. d. For a redevelopment site that is completely impervious as currently developed, restoring a minimum of twenty (20) percent of the site to vegetated open space. (3) Any maintenance, alteration, use, or improvement to an existing structure which does not degrade the quality of surface water discharge, as determined by the director of environmental engineering, may be exempted from the requirements of this subsection. Any person aggrieved by a decision of the director of environmental engineering under this subsection may appeal such decision in accordance with the procedures provided in section 21.1-275. (e) Where the best management practices utilized require regular or periodic maintenance in order to continue their functions, such maintenance shall be ensured by a maintenance agreement, bond or other assurance satisfactory to the director of environmental engineering. (f) Land upon which agricultural activities are being conducted shall have a soil and water quality conservation plan. Such plan shall be based upon the Field Office Technical Guide of the U.S. Department of Agriculture Soil Conservation Service and accomplish water quality protection consistent with this section. Such a plan shall be approved by the James River Soil and Water Conservation District by January 1, 1995. (2) That this ordinance shall become effective immediately upon adoption. 1/8/97 97-23 And, further, the Board al~opted the following resolution: ~MEND THE CODE OF THE COUNTY L978, AS AMENDED, BY AMENDING 2TION 21.1--229.12 R~LATING TO N THE UPPER SWIFT CREEK WATERSHED BE IT ORDAINED By th Board of Supervisoirs of Chesterfield County: 1 (1) That Section 21.1-229.12 of the Code of the County of Chesterfield, 1978, as amended,l is amended and AN ORDINANCE TO OF CHESTERFIELD, AND REENACTING SE BOUNDARY ADJUSTMENTS I reenacted to read as foll, Sec. 21.1-229.12. Supplem~ apDl¥ )ws: .~ntal requ:[ations; more restrictive (a) Boundary adjustment: , as provided for in Section 21.1- 229.4, shall not be litted in the Upper Swift Creek Watershed. The director f environmental engineering shall not grant an exception to this provision,, provided, however, that an applicant may seek reli,~f from this prov±sion pursuant to Section 21.1-12.1. (b) The regulations for t serve as a supplement tc zoning district. (c) Where there is an5 regulations applicable in this division and those a~ this chapter, the more re (2) That this ordinance adoption. And, further, the Board a AN ORDINANCE TO OF CHESTERFIELD, he Upper Swift Cre~ the regulations f !k watershed shall or the underlying conflict between the development the Upper Swift Cre~k watershed under ,plicable under any pther provision of ~trictive regulations shall apply. ~all become effectiue immediately upon ~opted the following resolution: .~MEND THE CODE OF THE COUNTY 1978, AS AMENDED, BY AMENDING ]CTION 21.1-229.4 RELATING TO AND REENACTINGBouNSI,DARY ADJUSTMENTS-/ e Board of SupervisOrs of Chesterfield BE IT ORDAINED by t~ County: (1) That Secti of chesterfield, 1978, as read as follows' sec. 21.1-229.4. Boundar' (a) The delineation of protection areas or resou~ the director of environmer Dn 21.1-229.4 of the Code of the County amended, is amend{ed and reenacted to adjustments any of the bound~lries of resource · ce management areas may be adjusted by tal engineering where an environmental delineate such environme shall be performed consis most recently approved Identifying and Delineat site assessment prepared pya qualified expe~t indicates a need for such change based upo] the environmental ifeatures listed in section 21.1-229.1(a) tl~rough (d) or section 21.1-229.2(a) through (d), respectively,. Any such environmental site assessment shall be drawn to scale and shall clearly ntal features. Wetlands delineations tent with procedures specified in the ~dition(s) of the Federal Manual for ng Jurisdictional Wetlands. 97-24 1/8/97 (b) Any person aggrieved by a decision of the director of environmental engineering concerning the boundaries of a resource protection area or a resource management area may appeal such decision in accordance with the procedures provided in section 21.1-275. (c) The provisions of subsections (a) and (b) of this section shall not apply to property that is undergoing redevelopment if, due to previous development of the property, the environmental features listed in 21.1- 229.1(a) through (d) or 21.1-229.2(a) through (d) (Chesapeake Bay Preservation Area features) cannot be determined. (2) That this ordinance shall become effective immediately upon adoption. And, further, the Board adopted the following resolution: AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1978, AS AMENDED, BY AMENDING AND REENACTING SECTION 21.1-229.6 RELATING TO ALLOWABLE POST-DEVELOPMENT PHOSPHOROUS LOADS IN RESOURCE MANAGEMENT AREAS BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Section 21.1-229.6 of the Code of the County of Chesterfield, 1978, as amended, is amended and reenacted to read as follows: sec. 21.1-229.6. Resource management area requlations Any use, development or redevelopment of land shall meet the following performance criteria: (a) No more land shall be disturbed than is necessary to provide for the desired use or development. (b) Indigenous vegetation shall be preserved to the maximum extent possible consistent with the use and development allowed. (c) Land development shall minimize imperious cover consistent with the use or development allowed. (d) (1) For any use, development or redevelopment, stormwater runoff shall be controlled to achieve the following: a. For any new use or development, the post-development non-point-source pollution runoff load shall not exceed the pre-development load, based on the calculated average land cover condition of the county. b. For redevelopment sites not currently served by water quality best management practices, the existing non-point-source pollution load shall be reduced by at least ten (10) percent after redevelopment. c. For redevelopment sites currently served by water quality best management practices, the post-development non-point-source pollution runoff load shall not exceed the existing load. (2) The following stormwater management options shall be considered to comply with the requirements of subsection (d) (1): a. Incorporation on the site of best management practices that achieve the required control. 1/8/97 97-25 b. Compliance with a management program .incc pursuant to the authority 15.1-466(j), that results quality protection. locally adopted r~gional stormwater ~porating pro rat~ share payments provided in Code oflVirginia, section in achievement of! equivalent water c. Compliance with a s~ate or locally implemented program of stormwater discharge permits pursuant to sec~ion 402(p) of the federal Clean Water Act, ~s set forth in 40 CFR parts 122, 123, 124, and 504, dated December 7, 1988. d. For a redevelopment isite that is comple'zely impervious as currently developed, restoring a minimum of t~enty (20) percent of the site to vegetated ~pen space. (3) Any maintenance, ~lteration, use or limprovement to an existing structure which does not degrade the iquality of surface water discharge, as deter~ [ned by the director of environmental engineering, may be exes)ted from the requirements of this subsection. Any person ag, rieved by a decision of the director of environmental engineer.ng under this subsection may appeal such decision in accordahce with the procedures provided in section 21.1- 275. ! the (4) Compliance with ,requirements of suSsection (d) (1) (a) shall be determined by reference to total p~osphorus loads in stormwater runoff. The po~t-development total phosphorus loads in stormwater runoff shal not exceed 0.45 pounds per acre per year.~ (e) Where the best m~nagement practices utilized require regular or periodic maintenance in order o continue their functions, such maintenanice shall be ensure~ by a maintenance agreement, bond or other ~ssurance satisfactory to the director of environmental engineering!. (f) Land upon which! agricultural activities are being conducted shall have a soill and water quality~onservation plan. Such plan shall be based ~pon the Field office-- Technical Guide of the U.S. Department oflAgriculture Soil Conservation Service and accomplish water quality protection consistent with this section. Such a plan shal!l be approved by th. James River Soil and Water Conservation DiStrict by January 1 1995. (2) That this ordinance shall become effecti~ immediately upon adoption. Vote: Unanimous 16.D. TO CONSIDER APPROPRIATION OF 1997 BOND PROCEEDS AND INTEREST EARNINGS FOR SCHOOL AND COUNTY CAPITAL PRO4ECTS AND ISSUANCE EXPENSES; ADOPTION OF RESCLUTION AUT~ORIZIN~ ISSUANCE OF GENERkL OBLIGATION BONDS AND ADOPTION OF RESOLUTION AppRovinG THE PRELIMINARY DFFICIAL STATEMENT FOR THE BOND ISSUE! Mr. Stegmaier stated thatlthis date and time ~.as been advertised for a public hearing to consider appropriation of 1997 bond proceeds and interest ea projects and issuance authorizing issuance of of resolution approving the bond issue. No one came forward to sp unings for School and county capital expenses; adoption of resolution eneral Obligation Bonds; and adoption he preliminary official statement for ~ak in favor of or against this issue. 97-26 1/8/97 On motion of Mr. Daniel, seconded by Mrs. Humphrey, the Board appropriated $12.950 million in bond proceeds and interest earnings for School and County capital projects and issuance expenses and adopted the following resolution authorizing the issuance of General Obligation Bonds: A RESOLUTION AUTHORIZING AND PROVIDING FOR THE ISSUANCE, SALE AND DELIVERY OF TWELVE MILLION EIGHT HUNDRED THOUSAND DOLLARS ($12,800,000) PRINCIPAL AMOUNT OF COUNTY OF CHESTERFIELD, VIRGINIA, GENERAL OBLIGATION PUBLIC IMPROVEMENT BONDS, SERIES OF 1997; FIXING THE FORM, DENOMINATION AND CERTAIN OTHER DETAILS OF SUCH BONDS; AND PROVIDING FOR THE SALE OF SUCH BONDS AND DELEGATING TO THE COUNTY ADMINISTRATOR CERTAIN POWERS WITH RESPECT THERETO BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF CHESTERFIELD, VIRGINIA: SECTION 1 (a) Findinqs and Determinations. (a) Pursuant to Chapter 5.1 of Title 15.1 of the Code of Virginia, 1950 (the same being the Public Finance Act of 1991), an election duly called and held under the Public Finance Act of 1991 in the County of Chesterfield, Virginia (the "County"), on November 5, 1996 and an Order of the Circuit Court of the County, dated January 6, 1997, the County is authorized to contract debt and issue its general obligation bonds in the maximum amount of two hundred twenty-eight million three hundred seventy-four thousand dollars ($228,374,000) for the purposes set forth below as follows: (i) general obligation bonds in the maximum amount of one hundred seventy-four million seven hundred ninety-nine thousand dollars ($174,799,000) for capital school improvements projects in the County; (ii) general obligation bonds in the maximum amount of thirty-four million twenty thousand dollars ($34,020,000) for public safety improvement projects in the County; (iii) general obligation bonds in the maximum amount of nine million two hundred fifty-five thousand dollars ($9,255,000) for park and recreation improvement projects in the County; and (iv) general obligation bonds in the maximum amount of ten million three hundred thousand dollars ($10,300,000) for library improvement projects in the County. (b) As of the date hereof, none of such general obligation bonds authorized by the voters of the County at the aforementioned election held on November 5, 1996 have been issued by the County, and the Board of Supervisors deems it advisable and in the best interests of the County to authorize and provide at this time for the issuance, sale and delivery of twelve million eight hundred thousand dollars ($12,800,000) aggregate principal amount of such general obligation bonds for the following purposes: (i) eleven million three hundred thousand dollars ($11,300,000) for capital school improvement projects in the County; and (~i) one million five hundred thousand dollars ($1,500,000) for public safety improvement projects in the County. 1/8/97 97-27 SECTION 2 of Details of Bonds. (a costs of the public imp] described in Section 1 (b to be issued, sold and d eight hundred thousand dol general obligation bonds known as "County of Chest~ Public Improvement Bonds, to as the "Bonds"). (b) The B and will bear interest fr~ Authorization of Issuance and Approval ) For the purpose! of financing the ~ovement projects Qf the county, as hereof, there areihereby authorized elivered an issue lof twelve million lars ($12,800,000) Principal amount of of the County to be designated and ~rfield, Virginia, General Obligation Series of 1997" (hereinafter referred Dnds shall be date~ January 15, 1997 )m their date payable on July 1, 1997 and semiannually on each lanuary 1 and July i thereafter. The Bonds shall mature and become due and payable on January 1 in each of the years 1998 to ~017, both inclusive, in the principal amounts set forth after etch such year belowt Year of Maturity Year of Matu]ity (January 1) Principal Amount (January 1 Principal Amount 1998 $640,C00 2008 $640,000 1999 640,C00 2009 640,000 2000 640,C00 2010 640,000 2001 640,C00 2011 640,000 2002 640,C00 2012 640,000 2003 640,C00 2013 640,000 2004 640,C00 2014 640,000 2005 640,~00 2015 640,000 2006 640,~00 2016 640,000 2007 640,Q00 2017 640,000 (c) (i) The Bonds shall be iss~ed only in fully registered form. One Bo~d representing eac~ maturity will be issued to and registered in the name of Cede & Co., as nominee of The Depository Trust Ccmpany, New York, Ne~ York ("DTC"), as registered owner of the Bonds and each such Bond shall be · i s immobilized in the custod~ of DTC. DTC w~ll~act a securities depository for the Bonds. Individual purchasDs will be made in book-entry form only, in he principal amount of $5,000 or any integral multiple thereof. Purchasers will n~t receive physical delivery of certificates representing thei~ interest in the Bonds purchased. (ii) Principal ~nd interest payment~ on the Bonds will be made by the County by iwire transfer to D~'C or its nominee, Cede & Co., as registered bwner of the Bonds, which will in turn remit such payments to the DTC participant,s for subsequent disbursal to the beneficial owners of the Bo]ids. Transfers of principal and interest paYments to DTC participants will be the responsibility of DTC. Transfers of such payments to beneficial owners of the Bonds 'Dy DTC participants will be the responsibility of such participants and othe~ nominees of such beneficial owners. Transfers of ownership, interests in the Bonds will be accomplishe~ by book entries made by DTC and, in turn, by the DTC particip~nts who act on behailf of the indirect participants of DTC and t~e beneficial owner~ of the Bonds. (iii) The C~unty will not be responsible or liable for sending transactio]~ statements or !for maintaining, supervising or reviewinF records maintained by DTC, its participants or persons a~ting through such participants or for transmitting payments t¢, communicating with, notifying or otherwise dealing with ary beneficial owner of the Bonds. So long as the Bonds are .n book-en~try only form, the County Treasurer will serve as Registrar and Paying Agent for the Bonds. The County reser~ss the riglht to designate a successor Registrar and Paying Age]~t for the Bonds if the Bonds at any 1/8/97 97-28 time cease to be in book-entry only form. (d) The Bonds maturing on and before January 1, 2007 shall not be subject to redemption prior to their stated maturities. The Bonds maturing on and after January 1, 2008 (or portions thereof in installments of $5,000) shall be subject to redemption at the option of the County prior to their stated maturities on or after January 1, 2007 in whole or in part at any time, in such order as may be determined by the County (except that if at any time less than all of the Bonds of a given maturity are called for redemption, the particular Bond or portions thereof shall be selected by lot), at a redemption price equal to the principal amount thereof, together with the interest accrued on the principal amount to be redeemed to the date fixed for the redemption thereof. (e) In accordance with the provisions of the Detailed Notice of Sale of the Bonds authorized hereinafter, bidders may provide that all the Bonds shall be issued as serial Bonds or may provide that any two or more consecutive annual principal amounts shall be combined into one or more term Bonds. If the successful bidder designates principal amounts to be combined into one or more term Bonds, each such term Bond shall be subject to mandatory sinking fund redemption commencing on January 1 of the first year which has been combined to form such term Bond and continuing on January 1 in each year thereafter until the stated maturity date of that term Bond. The amount redeemed in any year shall be equal to the principal amount of serial Bonds that would otherwise have matured in such year. Bonds to be redeemed in any year by mandatory sinking fund redemption shall be redeemed at par and shall be selected by lot from among the Bonds then subject to redemption. The County, at its option, may credit against any mandatory sinking fund redemption requirement term Bonds of the maturity then subject to redemption which have been purchased and cancelled by the County or which have been redeemed and not theretofore applied as a credit against any mandatory sinking fund redemption requirement. (f) If any Bond (or any portion of the principal amount thereof in installments of $5,000) shall be called for redemption, notice of the redemption thereof, specifying the date, number and maturity of such Bond, the date and place or places fixed for its redemption, and if less than the entire principal amount of such Bond is to be redeemed, that such Bond must be surrendered in exchange for the principal amount thereof to be redeemed and a new Bond or Bonds issued equalling in principal amount that portion of the principal amount thereof not to be redeemed, shall be mailed not less than thirty (30) days prior to the date fixed for redemption by first class mail, postage prepaid, to the registered owner of such Bond at his address as it appears on the books of registry kept by the Registrar for the Bonds. The Registrar shall not be required to exchange or transfer any Bond later than the close of business on the forty-fifth (45th) day preceding the date fixed for redemption of such Bond or any portion thereof. If notice of the redemption of any Bond shall have been given as aforesaid, and payment of the principal amount of such Bond (or the portion of the principal amount thereof to be redeemed) and of the accrued interest payable upon such redemption shall have been duly made or provided for, interest on such Bond shall cease to accrue from and after the date so specified for redemption thereof. So long as the Bonds are in book-entry only form, any notice of redemption will be given only to DTC or its nominee. The County shall not be responsible for providing any beneficial owner of the Bonds with notice of redemption. 1/8/97 97-29 SECTION 3. ~ppointment of Coqnty Treasurer as Registrar and Payinq Aqen~i Payment of Bonds;!Bo0ks of Reqistry; Exchanqes and Transfers oif Bonds. (a) Appointmen. of Reqistrar. Th~ County Treasurer is hereby appointed as t~.e Registrar and Paying Agent for the Bonds (hereinafter referred to as the "Registrar"). (b) Payment of Bonds. (i) At any time during which the Bonds shall be in full~ registered form, ~he interest on the Bonds of such series shal~ be payable by che~k or draft mailed by the Registrar to the r~gistered owners of~ ~he Bonds at their addresses as the same appear on the books of~egistry as of the record date for the payment of interest on the Bonds, and the principal of the Bonds sh~ll be payable at th~ principal office of the Registrar. i ! (ii) At any timie during which the Bonds shall be in book-entry form, the principal of and inter,est on the Bonds shall be payable in accordance with the arra]]gements made with the depository for the Bonds. (iii) The p~incipal of and int~rest on the Bonds shall be payable in such Coin or currency of the United States of America as at the respective dates of payment is legal tender for public and private debts. Interest on ~.he Bonds shall be calculated on the basis o~ a 360-day year co]~sisting of twelve 30-day months. (c) Books of Registry; Exchanges and Transfers of Bonds. (i) At all tSmas during whiCh ~ny Bond remains outstanding and unpaid, the Registrar shall k~ep or cause to be kept at its principal ~ffice, books of registry for the registration, exchange 6nd transfer of the Bonds. Upon presentation at the principal office of the ~egistrar for such purpose, the Registrar, under such reasonabl~ regulations as it may prescribe, shall regiSter, exchange, tra]~sfer, or cause to be registered, exchanged or transferred, on the books of registry the Bonds as herein set forth. (ii) Any Bond m~y be exchanged at the principal office of the Registrar for a l~Ke aggregate principal amount of such Bonds in other authorized principal amounts of the same interest rate and maturity.(iii) Any BOnd may, in accordance with its terms, be transferred upon the bo!oks of registry by ~he person in whose name it is registered, ~n person or by hi~ duly authorized agent, upon surrender olf such Bond to the Registrar for cancellation, accompaniedi by a written inst~'ument of transfer duly executed by the registered owner in p. authorized agent, in form~ satisfactory to th~ (iv) Ail transfers or exchanges Section 3(c) shall be made without expense owner of such Bonds, except as otherwise he~ except that the Registrair shall require t~ registered owner of thei Bond requesting exchange of any tax or other governmental cha~ paid with respect to sue surrendered pursuant to tl SECTION 4. Ex~ CUSIP Identification Numb (a) Execution in the name of the County of the Chairman and the C ~rson or his duly Registrar. ~ursuant to this to the registered · ein provided, and ~e payment of the such transfer or ges required to be ~h transfer or exct~ange. All Bonds is Section 3(c) shall be cancelled. cution and Authentication of Bonds; ~rs. )f Bonds. The Bonds! shall be executed by the manual or facsimile signatures erk of the Board of Supervisors, and 97-30 1/8/97 the corporate seal of this Board shall be impressed, or a facsimile thereof printed, on the Bonds. (b) Authentication of Bonds. The County Administrator shall direct the Registrar to authenticate the Bonds and no Bond shall be valid or obligatory for any purpose unless and until the certificate of authentication endorsed on such Bond shall have been manually executed by the Registrar. Upon the authentication of any Bond the Registrar shall insert in the certificate of authentication the date as of which such Bond is authenticated as follows: (i) if the Bond is authenticated prior to the first interest payment date, the certificate shall be dated as of the date the Bonds are delivered to and paid for by the initial purchasers thereof; (ii) if the Bond is authenticated upon an interest payment date, the certificate shall be dated as of such interest payment date; (iii) if the Bond is authenticated on or after the record date for the payment of interest on the Bonds and prior to such interest payment date, the certificate shall be dated as of such interest payment date; and (iv) in all other instances the certificate shall be dated the date upon which the Bond is authenticated. The execution and authentication of the Bonds in the manner above set forth is adopted as a due and sufficient authentication of the Bonds. (c) CUSIP Identification Numbers. CUSIP identification numbers may be printed on the Bonds, but neither the failure to print any such number on any Bonds, nor any error or omission with respect thereto, shall constitute cause for failure or refusal by the successful bidder for the Bonds to accept delivery of and pay for the Bonds in accordance with the terms of its proposal to purchase the Bonds. No such number shall constitute or be deemed to be a party of any Bond or a part of the contract evidenced thereby and no liability shall attach to the County or any of its officers or agents because of or on account of any such number or any use made thereof. SECTION 5. Tax Covenant. The County covenants and agrees to comply with the provisions of Sections 103 and 141-150 of the Internal Revenue Code of 1986 and the applicable Treasury Regulations promulgated thereunder throughout the term of the Bonds. SECTION 6. Sources of Payment of Bonds. The full faith and credit of the County are irrevocably pledged to the punctual payment of the principal of and interest on the Bonds as the same become due. In each year while the Bonds, or any of them, are outstanding and unpaid, there shall be assessed, levied and collected, at the same time and in the same manner as other taxes in the County are assessed, levied and collected, a tax upon all taxable property within the County, over and above all other taxes, authorized or limited by law and without limitation as to rate or amount, sufficient to pay when due the principal of and interest on the Bonds to the extent other funds of the County are not lawfully available and appropriated for such purpose. SECTION 7. Form of Bonds. The Bonds shall be in substantially the form set forth below with such necessary or appropriate variations, omissions and insertions as are incidental to their numbers, interest rates and maturities or as are otherwise permitted or required by law or this resolution: 97-31 1/8/97 UNITED COMMON COUNT GENERAL OBLIGAT S REGISTERED No. R- MATURITY DATE JANUARY 1, REGISTERED OWNER: PRINCIPAL AMOUNT: INTEl CEDE & STATES OF AMERICA ~EALTH OF VIRGINIA ~ OF CHESTERFIELD [ON PUBLIC IMPROVEMi ERIES OF 1997 .EST RATE ~NT BOND CO. DATE OF BONDS The County of Ch the "County"), a politica Virginia, for value rec Registered Owner (named a Maturity Date (specified been duly called for pre redemption price shall ha% Principal Amount (specifi~ Principal Amount on Jul} January 1 and July 1 there interest payment date next hereof to which interest of authentication is an from such interest payme such date, or unless such period from the sixteent~ calendar month next prec~ date, in which case from s has been paid to such date Amount (each such date is payment date) at the Intel by check or draft mailed k to the Registered Owner in the books of registry kept the close of business on not a business day) of th interest payment date Registered Owner as it Interest on this Bond sha[ day year consisting of tw, The principal of payable upon presentation office of the County Trea Virginia (the "Registrar" this Bond are payable in States of America as at th REGISTERED ($20,500,000) of like d~ number, denomination, ini provisions, and is issued of various public improve under and pursuant to Constitution and statute including Chapter 5.1 of 1950, as amended (the sam CUSIP NO. % JANUARY 15, 1997 166393 ~sterfield (hereinafter referred to as 1 subdivision of t~ Commonwealth of eived, hereby promises to pay the bove), or registered assigns, on the above), unless this Bond shall have vious redemption and payment of the 'e been duly made oriprovided for, the ~d above), and to pay interest on such ' 1, 1997 and sem~.annually on each ~fter from the date hereof or from the preceding the date of authentication hall have been paidi, unless such date ~nterest payment date, in which case t date if interest has been paid to date of authentical~ion is within the ~ (16th) day to th~ last day of the ~ding the following interest payment uch interest payment date if interest , until the payment of such Principal ]ereinafter referred to as an interest est Rate (specified above) per annum, y the Registrar hereinafter mentioned whose name this Bond is registered on and maintained by tlhe Registrar as of the fifteenth (15t~) day (whether or e calendar month next preceding each s payable to thei address of the ~ppears on such books of registry. 1 be calculated on the basis of a 360- ~lve 30-day months, i and premium, if any, on this Bond are and surrender hereo~ at the principal surer of the County in Chesterfield, The principal of and interest on such coin or currency of the United ~ respective dates Of payment is legal ;ate debts, i tender for public and pri~ I ' I This Bond is on~ of a duly authorized issue of Bonds (herein referred to as the "Bonds") of the aggregate principal amount of Twenty Million Five Hundred i Thousand Dollars ~te and tenor herewzth, except for '.erest rate, maturity and redemption for the purpose of financing the costs ment projects of and for the County, and in full compliance with the s of the Commonwealth of Virginia, Title 15.11 of the Code of Virginia, =_ being the Public Finance Act of 1/8/97 97-32 1991), an election duly held in the County under such Chapter 5.1 on November 5, 1996 and resolutions duly adopted by the Board of Supervisors of the County under such Chapter 5.1. The Bonds of the issue of which this Bond is one maturing on and after January 1, 2008 (or portions thereof in installments of $5,000) shall be subject to redemption at the option of the County prior to their stated maturities on or after January 1, 2007 in whole or in part at any time, in such order as may be determined by the County (except that if at any time less than all of the Bonds of a given maturity are called for redemption, the particular Bond or portions thereof shall be selected by lot), at a redemption price equal to the principal amount thereof, together with the interest accrued on the principal amount to be redeemed to the date fixed for the redemption thereof. If this Bond is redeemable and this Bond (or any portion of the principal amount hereof in installments of $5,000) shall be called for redemption, notice of the redemption hereof, specifying the date, number and maturity of this Bond, the date and place or places fixed for its redemption, and if less than the entire principal amount of this Bond is to be redeemed, that this Bond must be surrendered in exchange for the principal amount hereof to be redeemed and a new Bond or Bonds issued equalling in principal amount that portion of the principal amount hereof not to be redeemed, shall be mailed not less than thirty (30) days prior to the date fixed for redemption by first class mail, postage prepaid, to the Registered Owner of this Bond at his address as it appears on the books of registry kept by the Registrar for the Bonds. The Registrar shall not be required to exchange or transfer this Bond later than the close of business on the forty-fifth (45th) day preceding the date fixed for redemption of this Bond or any portion hereof. If notice of the redemption of this Bond shall have been given as aforesaid, and payment of the principal amount of this Bond (or the portion of the principal amount hereof to be redeemed) and of the accrued interest payable upon such redemption shall have been duly made or provided for, interest hereon shall cease to accrue from and after the date so specified for redemption hereof. Subject to the limitations and upon payment of the charges, if any, provided in the proceedings authorizing the Bonds of the series of which this Bond is one, this Bond may be exchanged at the principal office of the Registrar for a like aggregate principal amount of Bonds of other authorized principal amounts and of the series of which this Bond is one. This Bond is transferable by Registered Owner hereof, in person or by his attorney duly authorized in writing, at the principal office of the Registrar but only in the manner, subject to the limitations and upon payment of the charges, if any, provided in the proceedings authorizing the Bonds of the series of which this Bond is one, and upon the surrender hereof for cancellation. Upon such transfer a new Bond or Bonds of authorized denominations and of the same aggregate principal amount of the series of which this Bond is one will be issued to the transferee in exchange herefor. The full faith and credit of the County are irrevocably pledged to the punctual payment of the principal of and interest on this Bond as the same become due. In each year while this Bond is outstanding and unpaid, there shall be assessed, levied and collected, at the same time and in the same manner as other taxes in the County are assessed, levied and collected, a tax upon all taxable property within the County, over and above all other taxes, authorized or limited by law and without limitation as to rate or amount, sufficient to pay when due the principal of and interest on this Bond to the extent 97-33 1/8/97 other funds of the appropriated for such pur This Bond shall certificate of authentic~ signed by the Registrar. It is hereby ce] acts, conditions and thinz and to have been performe this Bond and the series happened and have been pe and manner as required by of the series of which constitutional or statuto IN WITNESS WHEREOF, the Co caused this Bond to be e> the Chairman of such Board such Board to be imprint~ signature of the Clerk of January 15, 1997. [SEAL] Attest: Clerk of the Board of Supervisors CERTIFIC~ This Bond is on the within-mentioned proc~ Registrar Date of Authentication: For valued rece a s s i g n ( s ) a n (Please print or type na] code, of Assignee) PLEASE INS~ OTHER TAX IDENr the within Bond and all constituting and app¢ Attorney, to transfer su registration thereof, witl ]ty are not lawfully available and Dose. not be valid or obligatory unless the tion hereon shall have been manually ~tified, recited and declared that all ~s required to have ihappened, to exist ~ precedent to and in the issuance of of which it is one, do exist, have rformed in regular and due time, form law, and that this Bond and the Bonds this Bond is one do not exceed any wy limitation of indebtedness. unty, by its Board of Supervisors, has iecuted by the facsimile signature of ; a facsimile of the corporate seal of ~d hereon, attested by the facsimile such Board.; and this Bond to be dated Chairman of the Board of Supervisors TE OF AUTHENTICATION e of the Bonds delivered pursuant to ~edings. County Treasurer, as By: ASS IGNMEN~ ived the undersigned hereby sell(s), transfer(s) unto premises. Dated: ]e and address, including postal zip RT SOCIAL SECURITY !OR ~IFYING NUMBER OF ASSIGNEE rights hereunder, hereby irrevocably ~inting , ~h bond on the books kept for the the full power of substitution in the 1/8/97 97-34 Signature Guaranteed: NOTICE: Signature(s) must be guaranteed by a member firm of The New York Stock Exchange, Inc. or a commercial bank or trust company. (Signature of Registered Owner) NOTICE: The signature above must correspond with the name of the Registered Owner as it appears on the front of this Bond in every particular, without alteration, enlargement or any change whatsoever. SECTION 8. Sale of Bonds. (a) There is hereby delegated to the County Administrator authority to sell the Bonds in accordance with the provisions hereof at competitive sale at not less than the principal amount thereof, plus accrued interest thereon from their date to the date of delivery thereof and payment therefor, and on such other terms and conditions as shall be provided in the Notice of Sale thereof. The County Administrator of the County is hereby authorized to cause to be published and distributed a Notice of Sale of the Bonds in such form and containing such terms and conditions as he may deem advisable, subject to the provisions hereof. In lieu of publishing the full text of the Notice of Sale in accordance with the provisions of the immediately preceding sentence, the County Administrator is hereby authorized cause a Summary Notice of Sale in such form as the County Administrator shall approve to be published in The Bond Buyer on a date selected by the County Administrator and is hereby further authorized to cause to be prepared and distributed a Preliminary Official Statement and a final Official Statement, a Detailed Notice of Sale and an Official Proposal Form relating to the Bonds, such Preliminary Official Statement, together with the forms of the Detailed Notice of Sale and Official Proposal Form set forth in Appendix D thereto, to be in substantially the forms thereof presented to the meeting at which this resolution is adopted. (b) The County Administrator of the County is hereby authorized to receive proposals for the purchase of the Bonds and to accept the proposal offering to purchase the Bonds at the lowest true interest cost to the County, computed in accordance with the provisions of the Detailed Notice of Sale; provided (i) that such proposal is accompanied by a certified or bank cashier's check in the amount specified in the Detailed Notice of Sale payable to the order of the "County of Chesterfield, Virginia", or in lieu thereof a surety bond meeting the conditions specified in the Detailed Notice of Sale, and is otherwise in conformity with the Detailed Notice of Sale; (ii) that the true interest cost to the County as specified in such proposal is not in excess of seven and one-half percent (7~%); and (iii) the redemption premium payable upon the redemption of the Bonds shall not exceed five percent (5%) of the principal amount thereof. The County Administrator is hereby further authorized to determine, or to modify the provisions of this resolution with respect to, the dated date of the Bonds, the interest payment dates for the Bonds, the dates on which the Bonds shall mature, the principal amount of the Bonds maturing on each such maturity date and the redemption provisions applicable to the Bonds and to fix the rates of interest to be borne by the Bonds of each maturity as specified in the proposal accepted by him in accordance with the immediately preceding sentence. (c) The County Administrator is hereby further authorized to execute and deliver to the purchasers of the Bonds authorized hereunder a Continuing Disclosure Certificate evidencing the County's undertaking, to comply with the continuing disclosure requirements of Paragraph (b) (5) of such 1/8/97 97-35 Rule 15c2-12 to the Continuing Disclosure Ce] form set forth in Append official Statement prese resolution is adopted, t¢ approved by the County Ad~ (including the County Att such approval to be concl such Continuing Discl, Administrator, the Dire, Attorney are hereby auth, purchasers of the Bonds ¢ provided for in the Offic SECTION 9. Fi Attorney is hereby autho~ this resolution, certif~ Supervisors to be a tru, Circuit Court of the Coun SECTION 10. Clauses or Provisions. provision of this rest unenforceable for any reae of such section, paragrap~ any of the remaining port SECTION 11. Hz the sections of this resol of reference and shall interpretation or effect SECTION 7. ~ ~ take effect upon its adou And, the approving the preliminary further, ~ent applicable toi the Bonds, such ~tificate to be in isubstantially the ix C to the form Of the Preliminary nted to the meeting at which this .gether with such changes as shall be ~inistrator upon the advice of counsel orney or Bond Counsel to the County), usively evidenced by his execution of )sure Certificate.i The County ~tor of Accounting and the County )rized to execute and deliver to the ~ne or more certificates in the forms ial Statement relating to the Bonds. [inq of This Resoldtion. The County ?ized and directed to file a copy of _ed by the Clerk of the Board of ~ and correct copy hereof, with the %y of Chesterfield. ions, Paraqraphs, · agraph, clause or held invalid or Invalidity of Sect If any section, pa~ ~tution shall be on, the invalidity ~r unenforceability , clause or provision shall not affect ions of this resolution. adinqs of Sections! The headings of [ution shall be solely for convenience ot affect the meaning, construction, ,f such sections or Of this resolution. [fective Date. Thi~ tion. Board adopted the fol official statement THORIZING AND PROVI N AND DISTRIBUTIO resolution shall lowing resolution [or the bond issue: DING FOR N OF A 'FICIAL STATEMENT AND AN lENT IN CONNECTION 4ITH THE CE OF AN ISSUE OF COUNTY OF A RESOLUTION AE THE PREPARATIC PRELIMINARY O~ OFFICIAL STATE~ PROPOSED ISSUA~ LIGATION F 1997 Title 15.1 of the ~lic Finance Act of the Public Finance Id, Virginia (the Election") and an ~d January 6, 1997, issue its general CHESTERFIELD, ¥IRGINIA, GENERAL OB PUBLIC IMPROVEMENT BONDS, SERIES O WHEREAS, pursualnt to Chapter 5.1 oJ Code of Virginia, 1950 (the same being the Pul 1991), an election duly c611ed and held under Act of 1991 in the CoUnty of Chesterfie "County"), on November 5, 1996 (the "Bond Order of the Circuit Court of the County, dat~ the County is authorized to contract debt and obligation bonds in the amount of Two Hu]dred Twenty-Eight Million Three Hundred Seventy-Four ~housand Dollars ($228,374,000); and ! / WHEREAS, the Beard of Supervisor~.= pf the County (the "Board") deems it in the best interest of the county to issue $12,800,000 principal amDunt of the general obligation bonds authorized at the Bond El~ction, such bonds to be designated and known as the "County Obligation Public Impro~ "Bonds"); and WHEREAS, the desirable to authorize appropriate officials and of Chesterfield, Virginia, General ;ement Bonds, Series of 1997" (the oard determines it, is necessary and the County AdminiStrator and other employees of the County to prepare and 1/8/97 97-36 distribute, or to cause to be prepared and distributed, to prospective purchasers of the Bonds a Preliminary Official Statement of the County relating to the Bonds, and to prepare, execute and deliver, or cause to be prepared, executed and delivered, to the representative of the purchasers of the Bonds a final Official Statement of the County relating to the Bonds; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF CHESTERFIELD, VIRGINIA: SECTION 1. Preparation and Distribution of Preliminary Official Statement and Preparation, Execution and Delivery of Official Statement. (a) The County Administrator and other appropriate officials and employees of the County are hereby authorized and directed to prepare and distribute, or cause to be prepared and distributed, to prospective purchasers of the Bonds a Preliminary Official Statement relating to the Bonds, such Preliminary Official Statement to be in substantially the form presented to and filed with the minutes of the meeting at which this resolution is adopted. All actions taken by the officials, employees, agents and attorneys of the County with respect to the preparation and distribution of such Preliminary Official Statement prior to the date hereof are hereby ratified and confirmed. (b) The County Administrator and other appropriate officials and employees of the County are hereby authorized and directed to prepare, or to cause to be prepared, a final Official Statement relating to the Bonds, such final Official Statement to be in substantially the form of the Preliminary Official Statement with the completion therein of the information with respect to the interest rates to be borne by the Bonds as specified by the successful bidder for the Bonds and other definitive details of the Bonds determined upon the sale of the Bonds to the successful bidder therefor. (c) The County Administrator is hereby authorized to execute and deliver to the representative of the purchasers of the Bonds the final Official Statement relating to the Bonds in accordance with the provisions of the Detailed Notice of Sale relating to the Bonds. SECTION 2. Preliminary Official Statement "Deemed Final" for Purposes of Securities and Exchanqe Commission Rule 15c2-12. The Preliminary Official Statement shall be "deemed final" as of its date for purposes of Rule 15c2-12 promulgated by the Securities and Exchange Commission pursuant to the Securities Exchange Act of 1934 ("Rule 15c2-12") except for the omission of information permitted to be omitted by Rule 15c2-12. The County Administrator is hereby authorized to execute and deliver to the representative of the purchasers of the Bonds a certificate dated the date of the Preliminary Official Statement stating that the Preliminary Official Statement is deemed final by the County for purposes of Rule 15c2-12 as of its date. SECTION 3. Effectiveness of Resolution. resolution shall take effect upon its adoption. This Vote: Unanimous 1/8/97 97-37 16.E. TO CONSIDER THE CZ PLAN FOR CHESTERFi Mr. Jacobson stated that for a public hearing to further stated that the suburban area is to pre stable, healthy suburban that the community has ro and western sections ~ recommendations of the col the neighborhood using a formation of neighborhoo¢ people who care about increasing community vi~ markers, events and a var enhance the image and community; constructing st the attractiveness of tl area; physical improveme property maintenance imp recommending an increase property generally north Area Land Use Plan by ap stated that the differs Commission's recommendat Planning Commission recom~ Cogbill Road (approximat density residential rath, that given the Board of zoning request last month~ with the Planning Commiss deleting of the collector Plan. He then presented Area Plan showing the are proposed crosswind runway outerlimits of approach voltage lines. When as~ voltage power lines wou] crosswind runway is built Mr. Warren stated that a session of the Board meet better inform the Board this evening. He furthe~ been developing over two Ms. Betty Walker, a resid~ that she is representing Association who support single-family rental hous She further stated that quality of life is two of support this program. Mrs. Humphrey excused hez NTRAL AREA PLAN, AN AMENDMENT TO THE ELD AND THE THOROUGHFARE PLAN his date and time has been advertised consider the Central Area Plan. He principal issue for this maturing, serve and maintain the area as the ~ommunity that it is today. He stated Dm to grow principally in the southern ~f the Plan. He reviewed major ~munity i~.~-~ative including marketing variety of techniques; continuing the organizations to build strength and their neighborhoods and community; ibility by promoting use of signs, iety of other techniques to create and character of the Meadowbrook area ~reetscape projects to visually enhance ~e Hopkins Road/Meadowdale Boulevard nts to Meadowbrook High School; and rovements. He stated that staff is amount of light industrial uses on of the Airport on the current Central proximately 1,100 acres. He further nce between staff and the Planning ~on regarding the Plan is that the nends that the area between Belmont and ely 350 acres) be designated as low ~r than light industrial. He stated Supervisors decision on the Mulberry the recomlmendation of staff coincides [on's recommendation and also includes from the County's adopted Thoroughfare an overview of a map of the Central ~ of County Airport operations and the approach zones to the west and east, patterns to the Airport, and high ~d, he stated that~ some of the high .d have to be moved if the proposed in the future. work session today at the afternoon lng regarding the Central Area Plan to in preparation for the public hearing ~ stated that this is a Plan that has years. ~nt of Kings Forest Subdivision, stated ~he Kings Forest Neighborhood Watch and the housing inspection program for ing program that is part of the Plan. community safety and maintaining a their goals and requested the Board to self from the meeting. Ms. Nancy Hudson, member (~f the County's Committee on the Future and President of the Mead.owbrook Area Community Council, stated that the initial support ~rovided bf· the Plan will help as this community develops a pla~ for its'own se---~-sufficiency. She expressed appreciation t9Planning staff for their cooperation and leadership as the ~ was developed. She requested the Board to give just consideration to all the issues and adopt the Plan. Mrs. Humphrey returned t¢ the meeting. 1/8/97 97-38 Ms. Faris, a resident of Belmont Road, stated that she feels the Board should further review the Plan and expressed concerns relative to the negative impact of future Airport noise levels and lighting to current and future area residents. Mr. Faris, a resident of Belmont Road, requested the Board to designate the north side of Belmont Road as residential and not light industrial and for the Board to further address this issue before a decision is made. He stated that he feels light industrial zoning will decrease the property value of area homes and land. He further stated that he feels a buffer is needed where light industrial is being recommended. Ms. Margarette Turner, a resident of Belmont Road, requested the Board to approve the ninety-five acres along Belmont Road as residential as opposed to light industrial. She stated that her mother, who was unable to attend the meeting, also supports residential zoning for this area. Mr. Robert Turner expressed appreciation to the Board for their time and efforts in addressing issues and concerns of the citizens of Chesterfield County. He stated that he feels the real objective to this issue is the protection of the County's present and future investment in the Airport. He further stated that he feels the proposed rezoning is nothing less than a devise to ensure that designated land will be available when as/if needed by the Airport. He referenced Amendment #5 of the Constitution of the United States and stated that he feels in order to reserve this property for the future use of the Airport and related development, he feels the County must invoke some type of holding action in the zoning process and that in doing so, he feels there is a destruction of property values and a deprivation of taking away the control of ownership of property. He further stated that he feels if the County needs this property for the Airport, the County should purchase the land and that since the Airport benefits the entire County, the entire County should share in the cost of the property. He stated that he feels the Board should not consider action that would further the County's objective by financially burdening unfortunate area landowners. Ms. Amber Cole, a resident of Newbys Bridge Road, stated that she feels light industrial zoning along Belmont Road will negatively impact many area landowners. She requested the Board to support stopping industrial development at the east side and north side of Belmont Road. Ms. Nancy Finch, representing the Citizens of Responsible Government, stated that they support Planning staff's recommendation regarding the Plan, specifically, the ratio regarding large industrial and residential and requested the Board to support the recommendation of staff. Mr. Walter Marsh stated that he supports light industrial zoning on the north side of Belmont/Cogbill Roads. He further stated that he feels buffers are needed to protect the Airport; that the County needs less residential housing; that industrial property is much less noise sensitive; and that expanding the area of the Plan will have a synergistic affect and will be a major benefit to the County. He expressed concerns relative to the Single Family Rental Housing Inspection Program as it relates to the Plan and referenced the Forth Amendment of the Constitution of the United States of America. Mr. Scott McRoberts, representing the Chesterfield Business Council, stated that they support the Plan as recommended by staff, however, have not had the opportunity to review the Single Family Rental Housing Inspection Program. He further stated that they would like to have the opportunity to review 1/8/97 97-39 and address the Program./ He stated that they are in support of significant light industrial zoning in the area of the Airport because they feel light,industrial zoning is the highest and best use for the area of/the Airport. Mr. Doug Hackman, owner ¢ stated that he does not industrial development al and Belmont Roads. He fu industrial development ir Mr. Ed DeGennaro, spoke Coalition, stated that ti the Belmont Road area and f Liberty Farm on Newbys Bridge Road, support encroachment of any further ong the corridor between Newbys Bridge fther stated that he feels the current the area is adequate. sperson for the Newbys Bridge Road hey support residential zoning within oppose light industrial. He further stated that they are sqpportive, to a fair degree, of the Planning Commission's reqommendation regarding eliminating the light industrial zoning n~rth of Cogbill and Belmont Roads. He suggested that the BoardI consider 'reducing some of the light industrial zoning southl of Cogbill Road and that they are recommending that no light industrial zoning be proposed for the west side of Cogbill RI)ad. He stated that the Coalition supports White Pine Ext( possible and use that are Moorefield, as opposed t¢ John Cogbill, Esquire, extension of the area we extension is suited for this area be removed fro stated that he feels the industrial uses. He sugg note Plan stating that appropriate at the north Centralia Road and Iron 5 Airport height obstructio He also suggested that ii the Shoosmith Landfill, t the Bermuda District ir addition to the Plan as owned by the same propel commended staff for thei~ Mr. Gary Gallager, re Incorporated, requested the Plan that would allc Road and Route 10 propert Mr. Michael Pace, a re~ understands the desire expressed concerns relati so far from the Airport. property should be zone( affect of Waterford or Mo( to review the Plan furth~ There being no one els( hearing was closed. Mr. Warren expressed appl into this issue. ~nded being lowered as far south as as a project similar to Waterford or light industrial. stated that he does not feel the st along the proposed Whitepine Road Light industrial zoning and requested m the Plan for light industrial. He Belmont Road area is good for light ~sted that the Board consider adding a neighborhood commercial uses may be east quadrant of the intersection of ridge Road and consider incorporating n limit within the comprehensive plan. ~ order to allow for the expansion of he Board support including an area of the southern and western plan in he feels property near the landfill, · ty owner, should remain intact. He efforts in developing the Plan. presenting Chesterfield Courthouse, ihe Board to consider an amendment to w commercial uses at their Centralia ~ident of Burnette Drive, stated he to protect the Airport, however, ye to allo%~ing light industrial zoning He further stated that he feels this [ at least R-88 or something to the ~refield Park. He encouraged the Board r before taking action. to address this issue, the public · eciation to everyone for their input 97-40 1/8/97 Mr. Daniel stated that it was approximately four years ago when the call went out to relook at the entire Central Area of the County. He further stated that at that time, one area of the District had the opportunity to get a jumpstart on the planning process. He referenced a past controversial case in which a developer wanted to place ninety houses on approximately thirty acres on Newbys Bridge Road and noted many citizens did not support the request because of the negative impact would have on the area. He further stated that it was at that time when the previous Board extended the planning process to include the Newbys Bridge Road area and other areas of the Central part of the County. He stated that a land use plan is a guide to development and is not zoning. He further stated that a land use plan is not taking or depriving anyone of their land or constitutional rights. He further stated the a land use plan can affect, significantly, how landowners think in terms of what their options for developing their property. He further stated that a previous Board made a decision that the County needed an Airport located near the Courthouse and not near industry and that there would be a small industrial park located around the Airport. He stated that he agrees that there is no need to rush to a decision regarding this Plan. He requested staff to develop some alternative maps with some modifications to compare to staff's original proposal and the recommendation of the Planning Commission. He requested that the alternative maps showing the two owners of the property at Centralia and Route 10; leaving everything to the north side of Cogbill Road and the vacant property at the Cogbill/Route 10 intersection residential; taking the direct access off Cogbill Road; eliminating all light industrial zoning along and north of Belmont Road; and relocating Whitepine Road (the cut-through road) further down Newbys Bridge Road. He stated that the Plan does not preempt any landowner from requesting zoning if they went through the proper process. He further stated that he has never seen an economic development ratio between residential and industry influenced by a land use plan. He stated that the way to achieve economic health is through direct marketing of the County and taking all forces that affect economic development into consideration. He further stated that based on all input from constituents, area neighborhood associations, the area Churches, he feels one more alternative map needs to be developed for Board members showing the requested amendments before a decision is made on the Plan. Mrs. Humphrey stated that she is cautious about considering Mr. Cogbill's amendment to the Plan as constituents in the area of the Shoosmith property have not had the opportunity to address this as a community-wide issue. She concurred with Mr. Daniel that a land use plan is only a plan. She stated she supports a reevaluation of the Centralia Road/Route 10 corner. She further stated that the County has entered into a tentative land agreement with a Fortune 500 commercial company and requested the Plan be indicative of what Fortune 500 is requesting for zoning. Mr. Jacobson stated that staff recommended a less intense use for the northwest quadrant of the intersection of Centralia Road and Iron Bridge Road because the property directly backs up to single-family houses and that in other parts of the County, where there is the opportunity, staff recommends limiting the types of uses that can be located directly in homeowners backyards to office or less intense uses. Mrs. Humphrey concurred with Mr. Daniel regarding the language addition to the Plan and expressed concerns relative to more intense uses in the Route 10 Corridor. She stated that she feels property at the 288 Interchange should be incorporated into Plan in the future as this property is critical to the proper development of the County's government center. She 1/8/97 97-41 further stated that she f~els the County should be conscious of future plans of Route .0 property owners. She referenced various road potentials Ironbridge Road and expr~ uses have been fully intersection. She stat~ however, feels there is m the Route 10 area. Mr. Barber stated that he and others to discuss th year, residents were conc~ Newbys Bridge Road. He put Newbys Bridge Road on Plan to expedite repairs to build some roads. projects comes from comm~ stated that the County development and that th residential development k case similar to the Mulb~ their efforts in this pre been asked to remain fir best efforts in planning. the Planning staffs re amendments have done to t that he is unsure whether reduces the industrial concerns relative to residential zoning is ir feels the County should County more attractive, ¢ requested staff to provl impacts of the body of t~ stated he is unsure wheth~ Housing Inspection Progr~ Program. He further stat~ in the area of Kingsland Road and ssed concerns relative to whether all identified for the future of this ~d that she feels the Plan is good, ach potential for more intense uses in would like to meet with Mr. DeGennarro e Plan. He further stated that last ~rned about traffic and accidents along ~tated that Mr. Daniel has offered to the County's Six Year Road Improvement in that road and the County has offered He further stated funding for road rcial and industrial development. He las become overrun with residential County cannot continue increasing ecause the County will be faced with a ~rry request. He commended staff for cess and stated that staff always has m in recommending to the Board their He stated that he would like to see ~ommendation and what the proposed nat recommendation. He further stated he can be supportive of something that portion in the Plan and expressed increased school overcrowding when creased. He further stated that he have products to market to make the .therwise residents will relocate. He ~de information regarding the fiscal .e Central Area Plan to the Board. He ~r he supports the Single Family Rental m and noted the fiscal impact of this ~d that he would like to see any fiscal impacts of the Plan addressed during the Budget process. He stated that he concurs that there is no rush in taking action on this issue this evening./ Mr. McHale commended staf~ and citizens for their involvement in this process and stated '2hat he feels the Plan is impressive. He expressed concerns relative to reducing industrial zoning in the Plan and stated that ~ the ~an will signific~ commercial or industrial land and will make the stated that he had very g] Plan and that he like t¢ action is taken and that make additions to the Pi~ Mr. Daniel stated that h~ planned, is being removed the County has not lost o opportunities in the AJ industrial zoning. He vacant land zoned for in¢ .e feels talking industrial property off ~ntly reduce the likelihood that a developer will be interested in that ~ounty less competitive. He further · ave concerns about adding areas to the further address the Plan before any .e feels it would not be a good idea to .n at this stage in the process. does not feel any acreage, as far as from the Plan. He further stated that been denied any economic development .rport area because of the lack of ~tated that the County has a lot of [ustry. Mr. Daniel then made a mc Board to defer consider amendment to the Plan for until February 12, 1997 ~or further review. When asked, Mr. Micas s~ated that if changes Plan, the Board is not required to extend the ~tion, seconded by Mr. McHale, for the ation of the Central Area Plan, an Chesterfield and the Thoroughfare Plan are made to the public hearing. 1/8/97 97-42 Mr. Daniel requested that the motion reflect that the deferral of the Central Area Plan is based on the premises that the public hearing was closed. Mr. Warren commended the Board for their time and comments in debating this issue and stated that these types of debates show the citizens how important plans are and how important this Board deliberates on the future of Chesterfield planning. Mr. Warren then called for the vote on the motion made by Mr. Daniel, seconded by Mr. McHale, for the Board to defer consideration of the Central Area Plan, an amendment to the Plan for Chesterfield and the Thorouqhfare Plan until February 12, 1997, based on the premises that the public hearing regarding the Plan is closed. Vote: Unanimous 17. ADJOURNMENT On motion of Mr. Barber, seconded by Mrs. Humphrey, the Board adjourned at 9:20 p.m. until January 22, 1997 at 4:00 p.m. La~h'e/B. Ramse'y ~-~/ county Administrator Arthur S. Warren Chairman 97-43 1/8/97