09-10-1997 MinutesMr. Arthur S. Warren, Chelrman
Mr. Edward B. Barber
Mr. H~rry G. Daniel
Mr. J. L. McHale, III
Mr, Lane B. Ramsey
County Administrator
Staff in Att~ndanoe:
Colonel Carl R. Baker,
~ol~ce D~partmen~
Mr. Craig Bryant, Dir.,
uti!itie~
Mm~ Jana Carter, Dir.,
Youth Services
Ms. Marilyn Cele~ Asst.
County Adminlstra=or
~u. Mary Ann Curtin~ Dir.,
Legislative Services
Ms. Faith L. Davi~,
Fir~ Department
Buil~ing Official
Deputy Co. Admin.,
Ms. ~ery Leu Lyle,
Dir.~ Accounting
Mr. Richard M. McElfish,
General Services
Deputy County Ad, in.,
Nanagement $~rvice~
Mr. E. b.
Deputy CO. Admin.,
Community Development
Block Gran= office
~ublic Affairs
Dir., Human Rsseurce Mgmt.
Mr. Warren called the regularly ~cheduled meetin~ to o~der at
4:10 p.m.
96-58~
On ms,ion s£ Mr. Barber, ~cond~d by ~r. Warren~ the Bo~rd
approved the minutes of August ~7~ ~997, as s~bmitted.
Vote: Unanimous
Mr~ Barber e×premged appreciation to Ms. Davis and Ms. Haskins
for their efforts in preparing Board of supervisors minutes.
~. D~ni~l stmted that he and Mr. MoHale were honored to have
the chance to recently represent Chesterfimld County, along with
other COunty staff, on a trip to the city of Ekaterin~erq,
Russia. He further stated that during their visit, it
apparen~ that Chesterfield County Administration is recoqnized
in Eket~rinbmrg as a model of local government efficiency and
flexibility. He stated that Ekaterinber~ officials were
and open to sugge~tion~ for programs to develop business and
educational exchanges that will benefit each locality. He
furthe~ stated that last November, when ten city and regional
officials from Russia interned in Chesterfield, Richmond, and
Peter~bur~ they were impressed with the County'm TQI
and the openness of the Board of Suparvimor~ pra~ti~e~ with
citiz~nm. Me stated that during thm County'm trip to Russia,
staff attended collectively and in small group~,
exchanges and pre~entat~on~ involving businesses and
governmental representatives amd the trip received extensive
media c~¥erage in Ekat~rlnb~rg. ~ furbk~= ~tated that Governor
George Allen r~cognlzed the importance of the Co~nty'~ visit by
his proclamationl which was presented to the ~ayor~s
representative, encouraging cooperation between governments and
business growth. Ee ~tat~d that Russians are industrious people
and will succeed in transforming their community into an
industrial and business success. He further stated that
eeono~i~ epportunitie~ are waiting to erupt in Ekaterinber~ --
a city of 1,500~000 people with a historically strong industrial
base. He further stated that he feel~ the t~ee major
~ccomplishments of the trip included that the U.S. Consul-
General Office encouraged Chesterfield County and made it clear
that local government participation in Ekaterinberg is
for busine~ suece~; that the County opened limes of
communication to the government and the City designed to
encourage economic development which would be beneficial to both
parties; and that t~e County opened llnss of communication with
l~ade~s of educational institutions at the University and the
substantial progress in the first ste~ toward developing
economic opportunities and the csunty lssks forward tc
He stated that he, perscnmlly, observed one of the strongest
competitive society. .{It is noted that a copy of his remarks
are ~iled with the papers of this Board.)
lengthy discussion with the Consul-General who stated that t~le
stated that ~katerinbsrg has only had a city Ceunuil ~cr
General, agreed ts sup~or~ s~e¢ial federal grant funding to
establish the exshange of local public administration interns.to
~tudy effective government practices; agreed to explore the
Ekaterinberg and Richmond; agreed to provide Chesterfield with
the name of the German ~rads representative in EkaterinDerg ~or
the purpose of facilitating business expansion and cooperative
relationships with Gezman companies currently located in
Chesterfield County; and encouraged the County/~katerinberg
business incubator idea that would match Russian entrepreneurs
with appropriate support structures in metropolitan Richmond.
He further ~tated ~hst the A~erican Business Center (ABC) for
R~ssia in Ekaterinberg agreed to put the County in touch with
Russian businesses loo~ing for A~erisan business partners and
th~ U.S. Information Agency representative agreed to supper% a
joint business/county grant application for job re-training. Ha
stated that the Urals State University iL a large engineering
a~d technical university that is seeking broader contacts with
U.~. institution~. Me further stated that they visited School
g9, Ekatsrlnberg~s olde~t secondary school who desire to explore
Student exchanges and sharing information over the Internst. Ha
stated that Ekatsrinber~ has a world-renowned eye micro-surgery
center which has developed innovativ~ procedures for ~resting
detached retinas and glaucoma. He further stated that th=
County's front-lin~ ~mploy~a, ~$. Leu o~oyle, ¢ondgcted q~ality
end customer service training sf Russian of~icial~ durinq the
triD. (It is noted a copy Of hie remarks are filed with the
papers of this Board.)
Mr. Daniel mtated that the County's trip to Russia wam a bold
and visionary move.
Nit. Ramsay recognized Mr. Allan M. Carmody, Capital Finanem
Administrator fo~ Budget and Management, who was recently
appointed by Governor ~eorg~ Allen to serve on the
Commonwealth's Design-Build/construction Management Review Board
Board's primary responsibility is to review and mak~
determinations on public bodies' requests to procure
consistin~ of design~build and construction management
}~Ir. Barber stated that his "First Monday" meeting in september
was cn the topic of Comcasts' functions, with Mr. Kirby
and sfaff from Comcast~ being his guest ~peaker$. H~ further
stated that his next "F~rst ~onday" meeting will be held October
~, Z997 on the topic of road widenings and toll issues, with
~cCracken being his guest speaker. He stated that he h~ld a
constituents me,ting on September 9, 1997 at Chesterfield Towns
Center and recsgnized the addition of the new Community Policing
Office at the mall. He further stated that another community
Police Office will be opening ~oon at Cloverleaf Mall. He
stated that on October 6, 1997 a ground breaking ceremony will
be held for the new John Tyler Community College Campus. Ha
further stated that he will be a==ending =he virginia
coi~v~enwealth University (vcu) Founde~ Day Celebration on
S~pt~mb~r l?~ 2997- He note4 that the opening of school went
well.
Mr~. H~mphrey stated that she traveled across the Matoaca
District and commended ~r. McElfieh and Environmental
Engineering staff for their efforts in road improvements in th~
District, specifically on Spring Run Road. She requested Chief
Dolezal and Colonel Baker to look into =afety issues at the
intersection of Graves and River Road, specifically as it
relates to overgrown brush in that area. Sh~ noted that ~everal
casualties have oec~ed st this intersection. She ~tated that
97-591
things went well with the start of school and expressed
appreciation tm ~r. Mocracken and s~aff for their efforts in
looking into some read improvements in the Matoaca District.
She further stated that citizens need tc be aware of the dry
conditions in the CQunty and that citizens may contact the Fire
Department regardinq any burning in the County. She welcomed
Mr. Daniel and ~r. ~caale hack Crum their trip ho Russia.
Mr. Warren stated that he and ~r. James $chroedsr, Chairman of
on September 4, 1997 with the topic of disoussion being the
goals of the County's School Syste~ and Administration. Me
f~rther stated that he shared a meetin~ and attended another
regarding the subject of tolls, specifically, the Powhihe
Parkway. He stated that the Board of Supervisors took a
leadership role in establishing a Toll Advisory Committee to the
Richmond Metropolitan Authority; that the Legislative Committee
~et on August ~6, 1997; %hat the full Coi~iaittee met on September
3, 1997; and that the Comm~tte~ nDDroved all ten recom~ndation~
of J-K. Timm~ns study relating to issues surrounding
alternatives tn a no-toll increase approash for the Powhlte
Parkway. He expressed appreciation to Mrs. Mu~phrey and Mr.
Barber, who al~o served on this Committee~ for their efforts.
He noted that an item will be added to the auenda to,ay to
oonsider reoommendations of the Powhite Toll Advisory co~mittee.
~e stated that he met with the 3~0 Corridor Committee on
September 4, 1S97 with the topic of discussion being issues
relating to pretoetinq and improving the 360 Corridor. ae
further stated that the Swift Creek Fire Station will held its
Grand Opening Qn September 21, 1997 and invited overyone to
attend. He stated that his next constituents meeting will be
held October 6, 19~7 with the topic of discussion being plans
for the New LaPrade Library. He further stated that he will be
the guest speaker to the Brandermill Neighborhood Representative
Council from on Oetobe~ 14, 1997 With the topic of discussion
being the new watershed standards recently approved by the Board
Of Supervisors,
deleted Item 5.A., Resolution Reoegnizinu Chester Wal-Mart
Chesterfield Fire Department Fire and Life Safe~y House; added
Item 8.A., Consideration of 9owhite Toll A~visory Co~mittee
Reoum~ndations~ and added Item 8.B.l.b.~ Resolution Recognizing
Voto: Unanimous
5. RE$OLUTION~ ANb SPECIAL
RECO~NIZI~ MR. JOHN T. M~RTIN,
~PON NIS RETIREMENT
Mr. Pitaro introduced Mr, John T. Martin, Jr., who was present
to accept the resolution.
On motion of the Board~ the following re~olution was adopted:
WHEREAS, Mr. John T. Martin, Jr. r~tirad an August ~,
1997, after thirty years of d~dlcated and faithful service to
Chesterfield County; and
911o197
WHEREAS, Mr. Martin began his service in August, 19~7 es
Heavy Equipment Operator within the Department of General
Services; and
~¢HE~AS, ~r. Martin has Seen the County's Refu~e Collection
Program increase from.mayoral hundred to approximately 5,500
homes and had total responsibility for all County ~elid waste
collection operations; and
WHEREAS, Mr. Martin performed his duties and
responsibilities in a most dependable and proficient manner,
often working long hours on holiday~ and weeken~ while
~espo~ding to various emergencies; end
%;HET63AS, Mr- ~artin always placed the welfare and sa£ety of
citizens and County em~loys~s above his own personal comfort and
feelingm and is known for his f~iendly, easy-going manner and
his ability to work with others in an effective manner -- oaring
his fellow co-workers am~ chesterfiel~ ceunty~
Jr., and extends their appreciation for hls'thlrty years of
retirement, an~ their ~eet w~he~ for a long ~nd hsppy
permanently rucord~d among the papers of this Board of
Vote: Unanimous
expressed appreciation for his dedicated service to the County,
and wished bin well in his retirement.
Mr. RaNssy e×pressed appreciation to Mr. Martin for his
Mr. Martin expressed appreciation for the recognition.
5.~. RECOGNIZING MR. ~tA/%VIN L. STARNES. POLICE_D~?~TM~NT, UPON
Co~enel Baker introduced ~r. M~rvin L. Starnes, who wa~ present
to accept the re,elation.
On Notion of the Board, the following resolution was adopted:
chesterfield county Polite Departmen~ om September 1, 1997; an~
WH~R~2%$, ~r. $tarnee has provided thirty years of quality
~erving ~n the capacity of Dispatcher, Patrol Offioer~
Investigator, Sergeant, and Lieutenant; and
97-593
9/lo/97
WH=R~AS, ~r. 5tarnes designed the first Field Training
officer Program based on the San Jo~e California model, which,
with modifications, ie still being used today~ assisted in the
design and administration of %he ~irst Driver Training Program
for the Police Departmentt which won a WAC~ Award; assisted in
creating th~ Special Operations Squad, known today as =he Anti
crime Task Force; and
WHEREAS, Mr. gtarnes was a charter member of the first SWAT
Team in Chesterfield County and set the standards for today's
PERT Team; worked with the State Police and County School
Adminimtmation to implement the first D.A.R.E. {Drug Abuse
Resistanse Education) Program in Chesterfield County; and
researched and wrote the guidelines for the first Community
Policing Program in Chesterfield entitled CAP [Community Action
Patrol), in Reporting Area 74; and
WHEREAS, Mr. Starnes has provided the Chesterfield County
Police D~partment with many years of loyal and d~dicated service
and the ~oar~ of Supervisors and the County will miss ~.
Starnes' diligent service.
NOW, THEREFORE BE IT RESOLVED, that the Che~terfleld County
and e×tends, on behalf of its memb~r~ and th~ citiz~n~ of
Chesterfield County, their appreciation for his service to the
County, their congratulation~ upon hi~ r~tirem~nt, and their
~est wishes for ~ long and happy retirement.
AND, BE IT FURTHER RESOLVED, that a copy of this resol~tiun
permanently recorded a~ong the papers of this Board of
Supervi~or~ of Chesterfield County, Virginia.
Mr. Warren presented the executed resolution and ~efferson CUD
ts ~r. Starne~ accompanied by his wife and Colonel Baker,
expressed appreciation for his dedicated service to the County,
and wished him well in his retirement.
Mr. Ramssy expressed appreciation to }Ar. Starnes for his
dedicated service to ~he County.
Mr. Starnee exprssse~ a~preciatlon for the recognition.
5.D. RECOGNIZIN~ ~EPTEMBER 15~19. 1997 ~_~C~E~R~IESD COUNTY
PAYROLL W~K"
Ks. Lyle introduced Mr. Tim Vaughn, ~s. Kris~i Brittle, and Ms.
Mertha Willoughby who w~re present to accept the re~olution.
On motion of the Board, th~ following resolution was adopted:
WHEREAS, the Americnn Payroll Association and it~
members have launched a na=ienwide public awareness campaign
that pays tribute to the OVer 125 million p=oplc who work in the
United States to support the American Dream and the payroll
professionals Who support the American ~ystem by paying wages,
reporting worker earnings, and withholdin~ Xederal employment
WHEREAS, payroll professionals in Chesterfield County play
a ~ey role in maintaining =his State's and County's economic
health, carrying out such divers~ ta~k~ a~ r~porting into the
unemployment insurance system; providing information for child
support enforcement; monitoring COBra% in~uran~ coverage;
ensuring all payroll related expenses ars secure=ely cs!culats~
9/I0/97
and reported on financial state.onto; and c~rryinq out tax
withholding, reporting, and depositing; and
W~R~kS, payroll departments cullectlv~ly spend mere than
$15 billion annually, complying with many complex federal and
State wage and tax laws; and
WHEREAS. today's payroll professionals must not 0nly be
knowledgeable in all aspects of payroll, b~t also stay abreast
of current technology, constantly shanfing legislation and
requlations, and be proficient in all aspects of taxation and
tax reporting, management information systems, human resources
payroll environment7 and
WHEREAS. payroll professionals play an increasingly
important role -- ensurinq the economic security of A~erican
~amilies by helping %o identify nonsusto~ial parents and
en~uring they comply with their child support mandates and
en~uring, through accurate wage reporting, that retiree's social
~ecnrity b~nefit~ accurately r~flect their career earnings; an~
WHEREAS, payroll prsfesslonals assist in enforcing fair
labor Dractice~ by ensuring that workers ara correctly paid for
with the Fair Labor Standards Act; and
WHERHAS, payroll professionals have become ±ncreasinqly
proactive in ~dn~ating both the business community and
Dublic at-large about ~he payroll tax wiT~oldin~ syste~; and
WHEREAS, taxes, that are withheld from pay~ support
important civic projects including roads, schools, and parks.
~OW. ~R~ORZ B~ ~ ~QLV~D. that the chesterfield county
Board of supervieorm pubt±cly recognizes september 15-19. 1997
as "National Payroll Week" and "Virginia Payroll Professionals
Week" and proclaims the week~ be~inninq the t~ird ~onday of
september each year as, "~ayroll Week" and calls to
attention of all citizens the importanse of the contributions of
payroll professionals is chesterfiel~ County.
vote: Unanimous
~ayroll professionals, and commended them on their cc:standing
efforts.
There were no De£erre~ Item~ at thi~ time.
97-595
8.1. CONSIDERATION OF ~OW~ITE TOLL ADVISORY COMMITTEE
RECOMMEND~TION~
Mr. Warren stated that each of the Board members have received
a copy of the report from J.~. Timmsns regarding recommendations
~ela~ing to issues surroundinq alternatives to a nc-tell
increase approach for the Powhite Parkway. ~e recognized the
members of the Powhite Toll Advisory CoD/~ittee.
Mr. McCracken briefly reviewed the ten recommendations of the
committee as fellows: (I) The "De Nothing" alternative is
unacceptable. Even with Route ~ and I-$9~ traffic diversion,
delays would continua and ara expected to reach unsatisfactory
observations should be prQvide~ by VDOT and P~4A and
max/mum/average/minimum delay criteria should be established;
(3) VDOT and ~ should proceed to secure funding toward the
implementatien ef alsctrenic toll collection installation as
originally proposed, with ne toll increase; (4) The construotion
of express lanes ie not warranted and should be removed from
further consideration, unless it can b~ dona without a toll
increase; (5) RKA should reconsider the uae of Federal funds, in
feet consider all sources of potential funding; (6) UDOT should
be requested to provide funding ~or Elms=tonic Toll Collection
(ETC) installation at the Pewhita Plaza as part of the overall
traffic management 91an for the 1-95 Bridge Rehabilitation
proqram; (7) 9/~Aand VDOT should be requested to study potential
incentive programs for accelerating tag penetratlen. This will
allow quicker conversion from manually staffed lane~ be
dedicated ETC lanes; {8) video ~urveillanoe sheuld be pursued to
allow greater "gates up" operation, thereby improving throughput
and further minimizing congestion, s~ate, c~esterfield, and
RiChmond pelice could be utilized to assess potential violation
rates ~ing a ~amonstration period; (9) The long-term
maintenanc~ of ~ facilities and debt obligations need to be
a~ressad in the naa~ future, but should not be tied to the
installation of ETC; and (10) A looal govarnmenb study ~hould
examine the tong-ter~ administration and role of VDOT and RMA
with regard to the Powhite Parkway, Puwhibe ~tension, and other
facilities.
Mr. Barber stated that he intends to support the
recommundatien$, but noted that he did noL s~pport
recommendation number IQ relating to a local government study
which would examine the long-term administration and rels of
VDOT and RMA with regard to the Powhite Parkway, Pewhite
~tensien, and ether facilities. He further stated that he
feels the study should be a General Assanf01y function.
Mr. Warren clarified that Mr. Berber supports th~ need for the
study, but has concerns about who should co,duct th~ study.
There was brief discussion relative %o the e~udy and addressing
the issue surronnd±n~ this study.
Mr. Warren expressed appreciation to COunty stuff and the Board
of ~upervisors for %heir input and e/fores into this prooees.
~e stated that the Boa~d of Supervisors took the leadership role
in addressing the issues of customer service and the ooncerns of
County citizens surroundinq the preposed toll increase.
Mr. Warren then made a ~otion, seconded by Mrs. Humphrey, for
the Aoard be incl~e an item in the Legislative Program to
prcvlda video surveillance for Pcwhite Parkway and Powhite
~xtension; su%hcrlza the County Administrator to consult with
affected local governments to establish a study committee to
consider the long-term a~ministration and rolm of Virginia
9/lc/~?
Department of Transportation (VDOT) and Richmond Metropolitan
Authority (RI~A) with regard to the Powhite ~arkway, ~owhite
Farkway E~tsn~ion, and ether facilities; a~d adopt the following
recommendations ef the Powhite Toll Advisory Committee and
forward the recommendations to ~he Pd~ABaard end Commi~oioner of
Transportation for consideration:
1. The "Ds Nothing" alternative is unacceptable. Even with
Route 288 and I-B~5 traffic diversion, delays would
Curr~nt d~lay observations should b~ provided by VDOT and
P~A and maximum/average/minimum delay criteria should De
e~tabli~h~d.
3. VDOT and ~ should pr~cssd to secure funding toward the
implementation of electronic t011 collection installation
as originally pr0po~ed, with no ~oll increase,
4. The construction of express lanes is not warranted and
ba done without a toll increa~%.
con~ide~ all ~ources of potential funding.
6. VDOT should b~ ~eqUested to provide fundin~ for Electronic
Toll Collection (ETC) installation at the Powhite Plaz~ ae
part of the overull traffic management plan for the I-9~
Bridge Rehabilitation prc~ram.
7. Pdv~ an~ VDOT should ~e re~ueste~ ~o ~u~y potential
will allow quicker conversion from manually staffed lanes
8. Video surveillance should be pursued to allow greater
"gates up~' operation, thereby improving throughpu~ and
further minimizing congestion. State, Chesterfield, and
violation rates during a demonstration period.
The long-term maintenance of ~ facilities and debt
should not be tied to the installation of ~TC.
a~n~s~ratlcn and role of VDOT and ~ with re~ard to the
Powhite ~arkway, Po~hite Extension, and other facilities.
Vote: Unanimous
8.A. APPOINTMENTS
On motion of Mr. Daniel, seconded by Mr. McHele, the Board
suspended its rules at this time to allow simultaneous
nomination/appointment of nembers to serve on the Youth services
citizen Board and the Community Criminal Justice Bcar~,
Vote: Unanimou~
97 ~97
YOUTH SERVICEE CITIZEN BEARD
On motion cf ~Lr. Barber, seconded by Mr. McHale, the Board
simultaneously noninatsd/epDointed Me. Phyllis A. Hussey,
representing the Midle~hian Diztrlct, to serve on the Youth
Services Citizen Board, whsse ~erm is effective i~u~ediately and
will expire June 20, 2000.
Vote: Unanimous
simul=aneously nominated/appointed Mr. Bradford s. Hammer to
CONSENT IT~K$
R-B-l-a. ADOPTION OF RE~OLUTION ~B¢OGmIZI~G SEPT~R 17-23,
1997 AE "CONSTtTUTIO~ WEEK"
On ~otion of Mr. McHele, seconded by Mr. Berber, the Board
adopted the fellcwin~ resolution:
WHEREAS~ our ~ounding ratherm~ in order to secure the
blessings of liberty for themselves and their posterity, did
ordain and ~stablish a Constitution for the united States
America~ and
~q~EREAS, it is uf the greatest importance that all citizens
~ully understand the provisions and pminciples contained in the
~e~titutio~ in order to support~ pre,eryc, and defend it
against all encroachment; and
WHEREAS, thm Two ~undred Tenth Anniversary of the Signing
of the Constitution provides a historic opportunity for all
Ame~iea~$ to realize %he achievements of the Framers of the
Constitution and the rights~ privileg~, and renponsibilit%eg it
af~ords~ and
WMEREAS, the independence guaranteed to American oitizenm,
whether by birth or naturalization, should be celebrated by
appropriate ceremonies and activities during "Constitution
Week~" ~eptember 17-~3, 1997, m~ designated by proclamation of
the President of the United states of America in accordance with
Public Law
Now, T~EREFORE EE IT RESOLVED~ that the Chesterfield County
~ear~ ef Su~ervieor~ does hereby recoqnize September 17-23, 1997
as '~Constituticn Week" end urges all citizens to reflect during
that week on the many ~enefits of our federal Constitution and
American citizenship.
Vote: Unanimous
97-598
1997 nS "NATIONAL HOUSEKEEPERS WEEK"
On motion of Mr. ~oBate, ~econdsd by Hr. Barber, the Beard
adopted t~e following resolution~ :~
WHEREAS, orderliness, cleanliness, and a harmonious
environment are prerequisites to the accomplishment of all
economic, ~eclal, and recreational objectives in both the public
and private sectors of ear society; and
WH=RF.A$, the attalnmen= of these p~ere~uisites are
aonti~gent o~ the availability of qualified and ~tivated
personnel ~n a career field charged ~ith the responsibility to
provid~ the~e element~; and
W~ER~.$, housekeepers constitute the source of manpower and
expertise fo~ the AOUsekeeping career field and ever the years~
have significantly improved the effectiveness and effiui~ncy of
housekeeping activities by consistent and continuous
i~pt~m~ntation of prof~sslonat management and training
principles; a~d
WHEREAS~ we are proud of the leadership and eut~tandin~
contribution~ of these dedicated me~ and women in =heir
important activities.
HOW, THEREFORE SE IT RESOLVED~ that the Chesterfield CoUnty
Board of Zupervimors proclaims the week of September 14-~0, 1997
as "National ~ousekeepers WeekTM i~ ~eeog~itio~ of the d=dicuted
commitment of %he thousands of housekeepers to the ideals which
fomter improved effectivenesz, efficiency, and harmony in ell of
our organized industrial, buzinsss~ zouial, r~creational, and
institutional settings.
CIROUIT COURT BBILDING
On ~OtiO~ Of ~. MeHale, seconded by ~r. Barb~r~ the Board
transferred $51,QOO, from the Reserve for capital P~uj~cts, ~a
the Department of General Services for entrance vestibule and
~a~er ad~itiens a~ t~e Cireui~ Courts ~uildin9~.
authorized the County A~ninistrator te exacut~ a ~uppl~m~ntal
Agreement, in the amount cf $SU9,023, far the design ef the new
Juvenile an~ Domestic Relation~ Courts facility.
Dn motion of ~r. ~¢Hals, seconded by Hr. Barber, =he Board
approved a request from the Midlothian Rotary Club for a
music/entertainment festival permi~ for ~e 9th Annual
~agnificent Midlothiun Pood Festival to be held ~t the
~oe:efiald office Park complex an October 1, 1997 from 4:00 p.m.
9/10/97
~7~S99
B.B.S. ~UTHORI~ATiO~ FOR COUNTY ADMINISTRATOR TO RENEW HEALTH
C3%RB CONTF. ACT~ FUR THE COUNTY' ~ 1998 HEALTK O~/{B PROGPuA~
WITH TRIGON HEALTHX~ER$,.~_IGNA, DELTA DENTAL. AND
FRUD~NTIAL
authorized the County Administrator to r~new health Care
contracts for the County's 1998 Health Care Program with Trigon
Maalthkeepers~ CIGNA, D~lta Dental~ and Prudential.
g.~.6. REOUEBT~ ~OR PERMISSION
$.B.~,a. FRO~ ~TE~EEN W. CAUDi~L AND LORI T. CAUDILL TO INSTALL
On motion of ~_r. ~c~l~, s~condsd by Mr. Barber, the ~oerd
approved a recfuest from Stephen W. caudill and Lori ~. Caudill
to extend a private sewer ~ervi=e within a ten f~ot private
easemen~ for e new re~idanae on Genito ~oad, subjeGt to the
e~ecution and recordation of an agreement acceptabSe to th~
County Attorney. (It is noted that a copy of the vicinity
sketch is filed with th~ paper~ of
Vote: Unanimous
~.B.~.b. FROM ALBERT ~. AND OLARICE A. ROKIS~ER FOR A ~A~E TO
E~CRO~CK W~TH~N ~XXTE~ FOOT DRAINAGE EASEMENT
On ~otion of ~r. HoKale, seconded by Mr. Barber, the Board
approved a request from Albert C. and Clarice A. Romisher to
have a detached garage encroach witkin a sixteen foe~ drainage
easement, subject to th% execution of a license agreement. (It
is noted that a copy of the plat is filed with the papers of
this Board.)
On motion of Mr. ~cHale, seconded by Mr. Barber, the Board
approve~ a re~ues~ ~rom Oougla~ R. Bowers to ~eve a d~iveway
encroach within a portion of a sixteen foot drainage easement,
subject to the execution of a license agreement. (It is noted
that a copy of the vicinity sketch is filed with the papers of
Vote: Unanimous
(It is noted that a copy of the plat is filed with the papers
Ve~e: Unanimou~
91zo/97
97 650
STEPHEN W. AND LORI T. ~UDILL
On motion of Mr. McHala, ~econded by Mr. Barber, the Board
ac~es on the ~orth right-Of-way lin~ of Genito Road (State Route
~4) from Step~en W. and Lori T. caudill and authorized the
County Administrator to execute the n~c~ary d~ed. (It ~s
noted a co~y sf the vicinity sketch is filed with the papers of
this Board.)
Vote: Unan/mou~
WEST OF JEFFERSON DAVIS N~IWA¥ FROM LOWE~S NOME
CENTBRS~ INCORPORATED
on motion cf Hr. ~¢Eale, seconded by Mr. Barber, ~ne ~oard
accepted the conveyance of a parcel of land containing fifty-
and authorized the county Administmator to execute s contract
acceptable to the County Attorney and deed. (It i~ noted a espy
of =he vicinity sketch is filed with the papers oS this ~sard.)
Vote: Unanimous
AWARD OF CONSTRUCTION CONTRACT TO SHOOSMITH BROTH~ES,~
On motion of Mr. McHale, seconded by Mr. Barber, the .Board
authorized the County Administrator to enter into a construction
contract with Shoosmith Brother~ Incorparated, in ~he ~mount cf
$672,~00, for site improvements at ths Southern Area Transfer
Station; appropriated and transferred the following: $~49,000
Srom the capital account for soils assessment; $47,000 from s
solid waste reserve; and $85,000 from theSolid Waste Operating
Trunsf=r Station.
Vot~: Unanimous
8.B.90 STATE ROAD ACCEPTANCE
Thi~ d~y th~ C~unty Environmental Enqineer, in accordance with
directions from thi~ Board, made repor~ in writing upon his
examin~tien cf the road in Loch Brae~ar~ section D, Clover Hill
~hereas, the Resident Engineer for the Virginia Department o~
Transportation has advised the Director of Environmental
~nginemring, the stremt in Loch ~raemar, Section D, Clover Hill
Street Re~uirsmant~ 0£ ~he Virpinia Department of
Transportation, and
Whereas, the County and the Virginia Department of
Transportation have entered into an s~reement, recorded in Deed
Book 24§3, Page 405, January 21~ 1~94, for all stormwater
detent/om/retention facilitie~ in the County.
97-601
9110197
Therefore, upon consideration whereof, and on motion of Mr.
MoHale~ seconded by Mr. Barber, it i~ resolved that the road in
Loch Braemar, Section D, Clover Mill District, Ds and it hsrsDy
is established as a public road.
And be it further resolved~ that the Virginia Depertment
Transportation, be and is hereby requested to taka into the
Secondary System, pursuant to Sec%ion 33.1-229, Code of
Virglnia~ amd the Department's 9nbdivision Street Requirements,
the following:
From: Falkirk Read, State Route
at intersection with e~iating
Kingussle Lane, State Route
To: Existing Kingussle Lane, State Route
2399, 0.14 mile southeast of Falkirk
Guaranteed R~ght-of-Way Widthr 50 feet.
This request is inclusive of the adjacent slopm~ sight distance,
drainage easements indicated on the development plat.
This road serves lO lotm.
This section of Loch Braemar is recorded as follows:
S~chi~n D, Plat Book 7~ Page 9~ March ~1, I991.
Vote: Unanimous
This day the county Environmental Engineer, in accordance with
directions from thi~ Board, made report in ~rriting upon his
examination of the roads in Bay~ill Points, Section 3, Matoaca
District~ and
Wher~s~ the Resident Engineer for the Virginia Oapartment of
Transportation has advised the Director of Envimonmental
Engineering~ the ~treet~ i~ ~ayhi11 Points, section ~, ~a~oaca
Dimtrict, meet the requirements e~tablished by the Sub~i¥ision
Street R~quire~ent~ of the Virginia Department of
Transportation, and
detention/retention facilities in the County.
Therefore~ upon consideration whereof, and sn motion of ~r.
Bayhill Points, $actisn ~, Matoasa District, he an~ they here~y
are established e~ public roads-
Transportation, be and is here~y requested to take into the
Virginia, and the Departmeat's Subdivision Street Requirements,
the following:
From: Buffalo ~iokel Drive, Q.04 mile
at intersestian wit~ Bay Kno~s ~rail,
Guaranteed Right-el-Way width: 60 feet.
97-602
Name of Street: Buffalo Nickel Drive Lenqth: 0.09 mile
From: End of road, 0.02 mile south
of Brandon Hill Drive
To: End of road, 0.07 mile north
of Brandon Hill Driv~
Guaranteed Right-of-Way Width; 50
~ame of Dtreet: Buffalo Niok~l Cuurt Lenq~h: 0.08 milo
From: Cul-de-sac, 0.08 mile southwest of
Muffalo Nickel Driv~
Buffalo Nickel Drive, 0_02 mils
north :f Brannon Hill Drive
Guaranteed Right-of-Way Width: 50 feet.
This request is inclusive of the adjacent slope, sight distance,
olear zone, and demignated Virginia Department of Transportation
drainage easements indicated on the development plab.
8,B.10. TRANSFER OF T~EE CENT ROAD FUNDS
Mrs. HLrmphrsy skated thaL tkis contribution is another example
of tho County's commitment to Virginia State University.
appropriated $1,~oo ~rom the Eatoaca Dis~rlct Three Cent Road
Fund~ for t~e Virginia State University Scholarship Fund.
FOR TH~ TINSBERRY TR~C~ YOUTH
Mrs. Humphrey stated that she and Mr. EcMale are happy to
contribute e~uipmant ~sr the Tin.barry Trace Youth Athlotico
Association and that this contribution is an example of the
County's uommitmen~ to youth sports.
(total of $3~000), to the 9ark~ and Rs~r~ation Department, to
purchase equipment for u~s by tbs Tinsberry Trace Youth
Athletics Association,
~ote; Unanimous
D7-~03
9110197
S.B.4. REQUESTS FOR ENTERTAINMENT AND MUSIC/ENTERTAINMENT
FESTIVAL PERMITS
8.B.4,a. "F=%/~RDN GREENE FOUNDATION"
ten year old boy who underweot a multiple-o~gan transplaut in
June~ 1997 and requeste~ the Clerk's Office to have any
information available to the public regarding this issue.
"Kamron Gr~n ~oundation" for an outdoor music festlval fund
raiser %o be held at 5624 Gilling Read (tbs site of the former
Chesterfield Zo~) on September 27, 1997 from 12:00 noon until
6:UU p.m., subject to ~pDroDriate conditions imposed by staff.
Vote: Unanimous
8.B.4.b. "FRIENDS OF 5L%TEEW MAIDEN
Mr. Barber stated tha~ "Friends of Mathmw Maiden" is an
organization fo~med te raise money for Nathsw Maid.n,
seventeen year old County resident currently hospitalized
a~aiting a heart transplant and has undert~ksn sera. at fund
rai~ers whisk will help defray the cost o~ Mr. Maiden's medical
bills. He requested the Clerk's Office te have available any
information for th~ public regardin~ this issue. Me commended
those people responsible fs~ reaching out to those
fortunate.
On motion uS Mr. Barber, seconded by Mr. warren, the ~oard
approved a requemt from "Friends of Mathew Maiden" for an
~ntmrtainm~nt festival permit for an outdoor e~rnival fund
raises to be bald at the South~ide Speedway on October ~, 1997
from 1:~0 p,m. to 5:00 p.m.~ subject to approprla~e conditions
imposed by staff.
Vote: Unanimous
9. EEARING~ OP ~ITISENS ON UNSCHEDULED F~ATTERS OR CLAIMS
There wore no Hearings of Citizens on Unscheduled Mmtters or
Claims.
Mr.~ieas requested tmat the ~oar~ suspend it~ rules at this time
to add an Executive Session item to the Agenda.
On motion of Mr. McHale, seconded by Mr. Daniel, the Board
suspended its rules at this time to add an ite~ to the Agenda.
On mo~ion of Mr. Daniel, o~eond~d by Mr. McHale~ the Beard added
Item 10.C., Executive Sea.ion Purmuant to ~e~tion
Code o~ vir inia, 1950, aD A~onded, for Legal Advice by Counsel
97-6Q4
adopted the following
WHEREASj the BQ~rd of Supervisors has this day adjourned
Board and in accordance with the provisions of the virginia
Freedom of Information Aot~ and
July l, 1959 provides for certification that ~uoh Executive
doe~ hereby certify %hat to the best of each membar's knowledge,
i) only public business matters lawfully exempted from
aDDlioo, And
ii} only such pu~llc ~usineos ~attor~ As ware idantifiod
Mr. Daniel : Aye.
Mrs. Humphrey: Aye.
Mr. Warren : Aye.
10. REPORTB
On m~tlon of ~r. McHale, oeconded by Mrs. Hunphrey~ the Board
A report on Developer Water and Sewer Contracts and a status
report An the G~noral Fund Balance; Reserve for Future CaDital
Proje=ts; District Romd and Street Light ~uuds; Lease Purchases;
and $~hool Boar~ Agenda,
Vote: Unanimous
On motion of ~r. Me,ale, seconded by Mr. Daniel, the ~oard
rec@ssed to the Administration Building, Room 502, for dinner.
lZ, INVOCATION
Reverend RalD~ Good, an, Pas%or of Providence United ~et~odist
Church, gave the invocation.
PLEDGE OF ALLEGIANCE TO THB FLAG OF THE UNITED STATEN OF
Mr. Spencer Caudl~, ~oy $~out lroop ~, led the Pledge of
Allegiance to the Flag of t~e United States of Am=rico.
~7-605
9110197
~4. RESOLUTIONS AND SPECIA5 RECOGNITIONS
Mr. Peppi Jonest with the Midl<thian Volunteer Coulition, stated
that %he main goal of the coalition is to beautify the Village
of ~idlothlan and briefly r~viewed some of the beauti£i~ion
projects they have completed in M~dlothian. He furthe~ stated
Chesterfield County afghan- He then pre~ented the Board with
one of the afghans, which displays pictures of various historic
County sites.
Mr- W~rren expressed appreciation, on behalf of the Board, for
the gift.
~rs. ~mphrey e~preased appreciation to the Coalition for their
contributions to the Winterpock community.
~fr. Stith introduced Reverend Ralph Goodman who was present to
WHeReAS, Providence United Methodist Church has remained
p~esperity -- a beach of hope for ps.sons for £aith and good
oldest Methodist Churches in the State; and
WHEREAS, ~revid~nce United Methodist Church was used by
oaussd by the men and horses, the Church was repeire~ and
remodeled i~ th~ late lS60's and sums of the Civil War acldier~
are buried in tko Church~s cemetery; and
Dchool and, today, ~he Church s~ensor~ a pre-school proqra~ open
numerous Boy Scout and Girl
parti~ipa%Rd in mission projects such as CARITAS (a shsltsr for
the homeless}, ~ountain
Habitat for Humanity; ~nd
C~este~fiald County, ~or their ~ontributions ts :he County.
resolution be presented to ~ro~idence United Methodist Church
paper~ of thfs Board of Supervisors of Chesterfield County,
Virginia.
Vote:
~Ir. Warren prmsantmd kbs e×~cuted resolution to Reverend
Goodman, expressed mppreciatisn for their contributions to the
County, and congratulated them upon their 190th Anniversary.
~ev~rend Goodman expressed appreciation for the recQgnltion.
Mr. Stith introduced Mr. Peter Neuschut who was prement to
accel% the r~solutiun.
WHEREAS, ICI Polyester will observe its 25th A~niversary
in Chesterfield County cn $~ptember 11, 19~7 and has increased
in employment from 230 employees in 1972 to S3Q in 1997, with an
annual payroll exceeding $34 million; and
~I~RDA$, ICI Polyester is a leading manufacturer of many
types and thicknesses of polyps=er film - MELINE~ and production
ha~ increased from 1~.6 million pound~ to 125.8 millions pounds
in the ~wenty-fiva years this facility has operated in
Chesterfield County; and
chesterfield county through its involvement and participation in
Program; and with local ~chcolD on Career Day each y~ar; and
%~{EREAS~ ICI Polyester, in partnership with the
Chesterfield Technical Ceuter, established the International
Teacher Development Prog~a~ and ~eoeived a Certificat~ of
Recognition by the State Education Board in 1997; and
commitment to Chesterfield County by sponsoring youth athletic
ICI'S on-site ballfield to the Enen Athletic Assecia=ion; and by
involvement wi=h charitable organize=ions including t~e Enon
Priends of the Chesterfield Riverfront; and the Richmond Area
W~R=A$~ ICI Polyester initiated a ~i-annual Open ~ousa
and goodwill to the benefit of all; and
WHER~A$~ ICI Polyester supports and participates in the
ars focused on important development projects and other
beneficial rivarfront activities an~, in addition, ICI
established a Wildlife Eabitat Committee charged with
maintaining a wildlife friendly site; and
W~EREAS~ ICI Polyester continues %o be one of chesterfield
behalf of the County~ for their many contribution~.
~7-607
AND, BE IT FURTHER RE$0L¥~D, tk~t a copy of this
resolution Da presented to ICI Polyester and that this
rm~olution be permanently recorded among the papers of this
B:ard of Supmrvisors of Chmmter£ield County, Virqinia.
Vote: Unanimous
and commmndmd them upon their 25th Anniversary.
Mr. NousohuX ezpre$$ed appreciation ~or tAe recognition and
of Chesterfield County.
Mr. MeMale stated that ICI ie mare than a corporate taxpayer.
respect, making the talents and time of its enployee~ available
FOR TH~ M~TALHEALTH/KENTAL RETARDATION[SUBSTi~N~E hBU~
DEVARTHENT
~r. ~anner mtated that this date and ti~e has Dean advertise~
for a public hearing to consider a~ amendment to ~hs F~7-PS
Budget to appropriate $~17~700 in state, Medicaid Waiver, and
Third ~arty fees ~or the Mental Health/~ental Retardation/
On ~otion of }ar_ Daniel, ~ecsnded by Mr. Berber~ the Board
appropriated $617,700 in additional revenue; increased Kental
~oalth/Mental Retardation/substance Abuse Department expenditur~
~ppropriatione by $617,700; and approved ~he establishment of
four full-time positions for ~he Mental Healt~/~ental
Retardation/~ubstan¢o Abuse Department.
Veto: Unanimous
I$.B. TO CON~IDER~N ORDIN~LNC~ TO V~C~T~ ~ PORTION OF ~ T~ENT¥
~OOT ALLE~ EASEMENT WITHI~ 60 WEST COF/~ERCIAL PLA~A,
SECTION ~
Mr. stith stated that this dat~ and time has been advertised to
consider an ordinance to vacate a portion of a ~wenty foot all~y
easement within ~0 W~st Commercial Plaza, Section A.
~o one came forward to sp~ak in favo~ of or against this
ordinance.
On motion of Mr. ~arber, seconded by Mr. McHale, ~he Board
adopted the following ordinance:
AN ORDINANCE ~Aereby the COUNTY OF CHESTERFIELD, VIRGINIA,
("GRANTOR") vacates to OLD DOMINIO~ HOLOGRAPHIC$, INC., a
virginia corporation, ("GRANTEE"), a portion of a 20' alley
easement within 60 West Commercial Plaza, set,ion A, MIDLOTKIAN
Magisterial District, Chesterfield County~ Virginia, as shown on
a plat thereof duly recorded in %he clerk's office o~ the
Circuit Court of Chesterfield County in Plat Bock ~S, at Page
97-6~8
W~EREAS, OLQ DOMI~ION HOLOGKAPEZC8, INC., a Virginia
corporation, petitioned the Board of SuDervi~or~ of Chesterfield
Countyr Virginia ts vacate a portion of a 20' alley easement
within 60 West Commercial Plaza, Section A~ M~DLOTH~AN
Magisterial District, Chesterfield County, virginia more
particularly shown on a plat of record in the.Clerk's Office of
~he circuit court o~ said county in Plat Book 15, Page 85, by
KENN~T~ L. BARTON, dated DECEMBER I4, 1966 and recorded
31, IgG7. The easement pst~tlened to ~e vacated is more fully
described as follows:
A portion of a 20' alley easement, within
West Commercial Plaza~ Section A~ the
location of which is mor~ fully ~hown on a
plat ~ade by KENNETH L~ BARTON, dated DECEMBER
14, 1966, a copy of which ie attached hereto
and made a part cf this Ordinance.
WHEREAS, notice has been given pursuant to Section 15.1-
431 of the Cod~ of Yirqinia, 1950~ as amended, by advertising;
WHEREAS, no public neeeEsity e~ists for the continusuo~
OF CHESTERFIELD COUNTY, VIRGINIA:
That ~ursuant to Section 15.1-4S2{b) of the Code of
Virqinia, 19~0, as amended, the a~orssaid easement bs ~nd is
hereby vacated.
Thee Ordinance ~hall ~e in full fer~e and effect in
scosrdano~ with Section 15,1-48~(b) of the Code of Virginia,
together with the plat attached here~o shall be recorded nc
~eener than thirty days hereafter in the Cler~ office of the
Circuit Court of Chesterfield County, Virginia pursuant to
Seetio~ 15.1-485 of the Cod~ of Virqinia, 195Q, as amended.
The effect of this Ordinance pursuant to ~ection
is ts destroy the £oroe and effect of the recording of the
portion of the plat vacated. This Ordinance shall vest fee
~imple title of the e~sement hereby v~eated in the property
corporation, within 60 West Commercial Plaza, Section A free and
clear of any rights of public use.
Accordingly, this Ordinance shall be indexed in the names
of ~he COUNTY OF CMESTERFIELD a~ GRANTOR, and OL~ DOMINION
MOLO~RkPKICS, I~C., a virginia corporation, or their
in ~i~l~, as
iS,C, ~0 CON~IDER AN ORDIN~-NCE TO AI~END CItAP?EE $ OF ~EE CODE
~[r. Micas stated that this date and time has been advertised to
consider an ordinance ~y adding a Section relating to removing
ordinance.
9/10/97
On motion of Mr. EcHale, seconded by Er. Daniel, the Board
sdopted the following ordinance:
AN 0RDINANCE TO A~END TEE CODE OF TEE
COUNTY OF CHESTERFIELD, 1997, AS AMENDED,
BY A~ENDING AND RE-ENACTING eECTIOE 5-6
RELATING TO DEFACED STRUCTURES
BE IT ORDAINED by the Board of Supervisors of Chesterfield
(1) That Section 5-6 of the Code of the County of
Chesterfield, 1997, as amended, is amended and re-enacted to
read as follows:
Sec. 5-6. Authority to remove, repair or secure unsafe or
defaced strustures.
(a} The building official may require property owners to
remove, repair er assure shy building, wall cr other structure
which is located on their property and which the building
official ha~ determined (i) poses a danger to public health or
safety or (ii) has a d~facement ~hat is visible from a public
right of way.
(b) If the building official determines that a building,
~all or structure poses a danger to public health or safety or
has a defacement that is vieibte from a public right of way, he
shall c~use a notice to be served on the owner of the building,
wall or other strusture~ requiring the owner to remove, repair
or secure the building, wall or other structure. ~he property
owner s~all be served in person unlsss he sonnet be found after
a diligent search, in which eas~ the notice shall be sent by
registered or certified mail to the owner at ~is last known
address. A copy of the notice shall aisc be posted in a
oomepie~o~e pl&oe on the propert~ on which thx building, wail or
other structure is located.
adoption.
That this ordinunos shall hsoe~s effective upon
i$.D. TO OQNSZDER A~ ORDINANCE TO A~E~D CHAPTER 5 OF TEE CODE
OF THE COUNTY OF CHESTERFIELD, 199~, ~ AMeNDeD, DY
ADDING A S~CTION E~LATIN~ TO REMOVI~ Ai~D REPAIRIN~
~OTEL~ OR BUILDINGS D~FIN~D ~S ~WDY
Mr. ~icas stated that this date add time has been advertised to
consider an ordinance hy adding a Section rslating to removing
and repairing hot~l~ or buildings defined as bawdy places.
NO one cam= forward to speak in favor of or against thio
ordinance.
On ~otien of ~rs. Humphrey, seconded by ~r. Barber, the Beard
adopted the following ordinance:
AN ORDINANCE TO AMEND TME CODE OF TEE
COUNTY OF CKESTERFIELD~ 1997, AS AI~ENDED~ BY
AMENDIN~ AND RE-eNACTING ~CTION 5-7 RELATING
TO STRUCTUreS HARBORING BAWDY PLACES
BE IT ORDAINED by the Board of Supervis~rm nf Chesterfield
County:
That Section 5-7 of the code of the County of
Chesterfield, 1997, as amended, i~ amended and re-emsctsd to
read a~ follews~
Sec. 5-7. Authority to take Corrective action against structure~
harboring illegal d~ug use er bawdy places.
(e] As used in this section, ~he £ollewinq terms shall
have the following meaning:
Affidavit: The affidavit prepared by the chief of police
iD aocordanc~ with ~ubnection (b) (1) of thim ~ection.
Ba~dy Place: The same meaning as it is given in Va. Cede
§ 18.2-347.
Controlled substance: Controlled substances or marijuana,
as defined in Code of Virginia, § ~4.1-3401, which ars illegally
obtained.
Corrective action: Action which is reasonably expected to
abate either drug blight or a bawdy place on real property, such
us removihg, repairing er securing a b~ilding, wall or other
Drug blight: The regular presenue on property of persons
ra~ular use of pro,arty for the purpose of illegally
Owner: The record owner of real property.
Property: Real property.
(b} The building official may take corr~ctiv~ action if:
(1} The chief of police had executed an affidavit,
which expressly cites this section and which
place exists on the property; (~i) describes any
police department ha~ diligently but
unsuccessfully attempted to ab=ts the dru~
blight or bawdy plaoe~ and (iv) states that the
drug blight or bawdy place constitutes a present
threat to public health~ safety or welfare~
(2) The building official has sent a notice to the
owner of the property, by regular mail to the
p~ope~ty, together with a copy of the chief of
police's affidavit, notifying the ownsr that
the owner must take corrective action to abate
the dru~ blight or bawdy place within 3o days
~ft~r the date of t~e notice an6 (ii] if the
owner requests the county to do so, :ho county
Will assist the owner in determining and
coordinating the appropriate corrective action
to abate the drug blight or bawdy place
described in the affidavit; and
(3) The buildin~ oI~icial has sent s second notice
by regular mail to the owner of the property who
has not tmken corrective action pursuant to
subsection (2), at the same address to which the
first notice wa5 sent, ~tifying the property
owner that the building official may comn~nc~
corrective action to abate the drug blight or
bawdy place oD the property on a specific date
that ia no le~ then 15 day~ after the date that
the second notice is mailed. The second notice
shall reasonably describe the corrective action
that the build~ng effioial is contemplating.
Al=er the owner has received the second notice,
9/10/97
tko owner shall have a rigkt, after reasonable
notice to the building official, ~o petition a
court of c~mpet~nt jurisdiction for equitable
relief from the provisions of this section. The
building official shall not take correct'ye
action while such a ~stition for relief is
pending before a court of competent
jurisdiction.
(e) If the owner tares timely corrective action the
building official shall (i) deem the drug blight or bawdy place
abated; (ii) cease any corrective action without any charge er
cost to the owner; and (iii) promptly ~en~ written notice to Lh~
owner by regular Nail that the proceeding has been terminated
satisfactorily. ~ow~v~r~ ~f the drug ~light or ~aw~y ~lace
recurm thc building official shall not be barred fram t~king
further corrective action because the previous corrective ac=ion
wa~ terminated.
O 0 O
(~)
adoption,
Thmt thi~ ordinano~ shall become effective upon
Vote: Unanimous
On motion of Mr. McHale, seconded by Mr. ~arber, the
~djourned at 7:35 p.m. until $optam~cr 24~ 1997 at 4:00
Chairman
~/~.o/~7
S'7-612