Loading...
05-29-2002 MinutesBOARD OF SUPERVISORS MINUTES May 29, 2002 Supervisors in Attendances Mr. Kelly E. Miller, Chairman Mr. Arthur S. Warren, Vice Chrm. Mr. Edward B. Barber Mrs. Renny Bush Humphrey Mr. J. L. McHale, III Mr. Lane B. Ramsey County Administrator Staff in Attendances Mr. Craig Bryant, Dir., Utilities Ms. Marilyn Cole, Asst. County Administrator Ms. Rebecca Dickson, Dir., Budget and Management Mr. Bradford S. Hammer, Deputy Co. Admin., Human Services Ms. Lisa Elko, Clerk Mr. Russell Harris, Mgr. of Community Development Services Mr. Thomas E. Jacobson, Dir., Planning Mr. Donald Kappel, Dir., Public Affairs Ms. Kathryn Kitchen, Asst. Supt. of Schools for Business and Finance Mr. Steven L. Micas, County Attorney Mr. James J. L. Stegmaier, Deputy Co. Admin., Management Services Mr. M. D. Stith, Jr., Deputy Co. Admin., Community Development Mr. Miller called the regularly scheduled meeting to order at 7:15 p.m. 1. INVOCATION Mr. Stegmaier gave the invocation. 2. PLEDGE OF ALLEGIANCE Mr. Hammer led the Pledge of Allegiance to the flag of the United States of America. 3. PUBLIC HEARINGS TO REVISE FY2002 SCHOOL CAPITAL IMPROVEMENT APPROPRIATIONS Ms. Dickson stated that the Board continued its April 24, 2002 public hearing to consider revising FY2002 School Capital Improvement (CIP) appropriations until May 22, 2002 and on May 22nd, deferred the continuation of the public hearing until this date and time. She stated that the requested revisions are for the current year CIP, and the FY2003-FY2008 CIP adopted on April 10, 2002 assumed that the requested revisions would be made. She noted that all of the projects outlined have been in the CIP with the exception of the change in food service. 02- 420 05/29/02 Mrs. Humphrey stated that, since the April 24th public hearing, she has received clarification relative to a number of proposed expenditures and is now comfortable with the request. Ms. Kitchen came forward and stated that all food service projects are paid for with food service funds. She further stated that staff is requesting a transfer in food service funds to the CIP for food service projects. Mr. Miller called for the public hearing. No one came forward to speak to the issue. On motion of Mrs. Humphrey, seconded by Mr. McHale, the Board increased estimated revenue and appropriations in the School Capital Improvements fund in the amount of $2,629,593 as outlined in the papers of this Board. Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. 3.B. TO CONSIDER ORDINANCE AMENDMENTS REGARDING THE LOCATION AND REGULATION OF ADULT USES Mr. Micas stated that the Board continued its April 10, 2002 public hearing to consider ordinance amenclments relative to the location and regulation of adult uses until May 22, 2002 nd and on May 22 , deferred the advertised public hearing until this date and time. He further stated that there are two areas where the Planning Commission's recommendation differs from the staff's recommendation - the deadline for action on conditional use requests; and the application of the separation requirement of adult materials from juveniles retroactively through police power or prospectively beginning on the date of the ordinance's adoption. Discussion ensued relative to the number of days required for both the Planning Commission and the Board to act on a conditional use application for an adult use and the issue of prospective versus retrospective application of the ordinance. When asked, Mr. Micas stated that the entire ordinance would be more legally defensible if it were applied prospectively. Discussion ensued relative to the Board's authority to restrict the sale of alcoholic beverages sold in adult entertainment businesses. Mr. Micas stated that language has been drafted that would allow the Board to consider whether alcohol is appropriate when considering any conditional use application. When asked, Mr. Micas stated that the current ordinance prohibits contact with patrons and indicated that changes requested by Mr. Miller would extend that prohibition to include employees and other entertainers. He further stated that there is a physical barrier requirement in any kind of adult activity. He stated that lap dancing and variations of that activity are specifically prohibited under the proposed ordinance. Discussion ensued relative to prohibition of entertainers engaging in simulated sexual activity. Mr. Micas stated that the proposed ordinance would prohibit physical contact that would simulate sexual activity. He further stated that if there is no nudity or direct physical contact involved, there are no direct limitations on how the performers can perform. 02- 421 05/29/02 Mr. Miller inquired about the possibility of precluding the activity of people who simulate some form of physical activity in a public place with no physical contact. Mr. Micas stated that this type of activity is considered expressive behavior if there is no nudity or physical contact, and is protected by the First ~endment. Mr. Miller expressed concerns that there is no method of controlling this type of behavior. Mr. Micas stated that actual sexual acts being performed are prohibited, even without nudity, but certain simulated activity is protected by the First Amendment. When asked, Mr. Micas stated that patrons who enter adult entertainment businesses must be 18 or over, and cannot be limited to age 21 or over. When asked, Mr. Micas stated that staff is comfortable with a 90-day requirement for acting on a conditional use application for an adult use. He further stated that applying the physical separation requirement prospectively eliminates the risk of adopting a government regulation that regulates an existing First Amendment activity. He stated that, under the proposed ordinance, a business that changed its product mix to include adult merchandise would be required to physically separate it from juveniles. Mr. McHale inquired about the number of businesses that currently sell adult merchandise. Mr. Micas stated that there is currently an adult merchandise store in the county that prohibits entry by anyone under 18, which is in compliance with the proposed ordinance. He further stated that there may be some small "mom and pop" stores that carry some adult merchandise. Mr. Micas stated that there are certain things a dancer can do that would be prohibited under the existing ordinance if they were to use their body in certain sexual ways. Discussion ensued relative to existing businesses that sell and/or rent X-rated videos. When asked, Mr. Micas stated that a business with a small amount of adult merchandise could place X-rated materials out in the open under the existing ordinance. He further stated that he is unaware of any businesses that do this. Mr. Miller called for the public hearing. No one came forward to speak to the ordinance amendments. Mr. Barber stated that existing video stores in the county segregate their X-rated merchandise, which he considers a credit to the community. He further stated that he would support a 90-day deadline for action and a prospective application of the ordinance. Mr. Miller expressed concerns relative to inappropriate exposure of adult merchandise to children. He stated that he feels a degenerative moral climate will inevitably lead to failure of the nation. He further stated that he feels the staff has done as much as it can legally do with the proposed ordinance, and indicated that he hopes the day will come when the courts are as concerned about the rights of families as they are with pornographers and others in the country. 02- 422 05/29/02 Mr. Miller then made a motion for the Board to adopt the ordinance amendments regarding the location and regulation of adult uses with a 90-day requirement for both the Planning Commission and Board to act on a conditional use application for an adult use; the amendments relative to physical contact by entertainers with employees and patrons as well as other entertainers; the addition of alcohol as a condition of consideration for the conditional use; and a prospective application of the separation requirement to be enforced under the county's police power. Mr. McHale seconded the motion. Mr. Miller called for a vote on his motion, seconded by Mr. McHale, for the Board to adopt the following ordinance: AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING AND RE-ENACTING SECTIONS 19-175 and 19-301 AND ADDING SECTION 19-175.1 RELATING TO ADULT USES BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Sections 19-175 and 19-301 of the Code of the County of Chesterfield, 1997, as amended, are amended and re-enacted and Section 19-175.1 is added to read as follows: Sec. 19-175. Conditional uses. The following uses may be allowed by conditional use in the C-5 District, subject to the provisions of section 19-13: (a) Any conditional use allowed in the C-3 District, unless previously permitted in the C-5 District. (b) Adult businesses. c) Bondsman. d) Check cashing establishment. e) Motor vehicle consignment lots. f) Occult sciences (includes fortune tellers, palmists, astrologists, numerologists, clairvoyant, craniologist, phrenologist, card readers, spiritual readers, tea leaf readers, prophets and psychics). g) Outdoor flea market. (h) Pawnbroker. (i) Travel trailer parks. (j) Subject to the following requirements, other uses which are not specifically enumerated in this chapter and which are of the same general character as the specifically enumerated uses allowed in this district. Before the planning commission and board of supervisors hear an application pursuant to this subsection, the director of planning shall consider, among other things, the following: the size and proposed configuration of the site; the size, height and exterior architectural appearance of any proposed structure or structures; noise; light; glare; odors; dust; outdoor activities; traffic; parking; signage; and hours of operation. Based on these considerations, he shall determine that the proposed use's operating characteristics 02- 423 05/29/02 are substantially similar to, and its impact on neighboring properties no greater than, the operating characteristics and impacts of the specifically enumerated uses allowed in this district. o o o 19-175.1 Conditional Use Criteria for Adult Businesses. (a) Unless the applicant consents to a longer period of review, an application for a conditional use for an adult business must be approved or denied within 90 days of the filing of a complete application. (b) In reviewing the application, the planning commission and board of supervisors may consider the following factors as well as other appropriate land use considerations: (1 The nature of the surrounding area and the extent to which the proposed use might significantly impair its present or future development; (2 The proximity of dwellings, churches, schools, parks or other places of public gatherings; (3 The probable effect of the proposed use on the peace and enjoyment of people in their homes; (4 The limitations of fire and rescue equipment and the means of access for fire and police protection; (5 The preservation of landmarks and trees; cultural and historical (6 The probable effect of noise, vibrations, and glare upon the uses of surrounding properties; (7 The conservation of property values; (8 The contribution, if any, such proposed use would make toward the deterioration of the area and neighborhoods; and (9 The probable effect that alcohol sales or consumption at the adult business would have in heightening the risk of violations of local laws, and any negative secondary effects on surrounding properties and the neighborhood. (c) If an application for conditional use for an adult business is denied and the applicant desires to appeal the denial, Chesterfield County will facilitate the applicant 's obtaining prompt review of the decision from the Circuit Court of Chesterfield County. Unless the applicant agrees to an extension, the County will file a responsive pleading within ten days of service upon the County of an appeal, will file a responsive brief within fifteen days of service of the applicant's brief and will agree to any reasonable expedited trial or hearing date. o o o Sec. 19-301. Definitions. For the purposes of this chapter, the following words and phrases shall have the following meanings: o o o 02- 424 05/29/02 Adult bookstore/videostore: An establishment having as a substantial or significant portion of its stock-in-trade books, magazines and other periodicals and/or videotapes, computer disks, CD-ROMs, DVD-ROMs, virtual reality devices or any other similar .media that are distinguished or characterized by their emphasis on matter depicting, describing or relating to "specified sexual activities", or "specified anatomical areas" or are intended for the sexual stimulation or titillation of patrons. o o o Adult business: Adult bookstore/videostore, adult mini-motion picture theater, adult motion picture theater, adult store, a business providing adult entertainment or any other establishment, including without limitation any adult modelling studio, adult cocktail lounge or adult nightclub, that regularly emphasizes an interest in matter relating to specified sexual activities or specified anatomical areas or is intended for the sexual stimulation or titillation of patrons. o o o Adult entertainment: Dancing, modeling or other live performances if the performers' performance is characterized by an emphasis on specified anatomical areas or specified sexual activities, or is intended for the sexual stimulation or titillation of patrons. Also includes the showing of films, motion pictures, video cassettes, slides, photographic reproductions, virtual reality devices, internet sites or files transmitted over the internet, or other media that are characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas or is intended for the sexual stimulation or titillation of patrons. o o o Adult merchandise: Magazines, books, other periodicals, videotapes, movies, photographs, slides, CD-ROMs, DVD-ROMs, virtual reality devices or other similar media that are characterized by their emphasis on matter depicting, describing or relating to specific sexual activities or specified anatomical areas or are intended for the sexual stimulation or titillation of patrons. Also includes toys, novelties, instruments, devices or paraphernalia either designed as representations of human genital organs or female breasts, or designed or marketed primarily for use to stimulate human genital organs and lingerie or leather goods marketed or presented in a context to suggest their use for sadomasochistic practices. o o o Adult store: an establishment having adult merchandise as a substantial or significant portion of its stock-in-trade. o o o Cocktail lounge: Any establishment which serves alcoholic beverages but has no more than one of the following components: live entertainment or dancing by the public. o o o Live entertainment: Entertainment provided by live artists including, but not limited to, musical performances, disk 02- 425 05/29/02 jockeys, public speaking, modelling or comedy. dramatic performances, dancers, o o o Nightclub: Any commercial establishment which serves alcoholic beverages and has live entertainment and dancing by the public. o o o Specified sexual activities: Human genitals in a state of sexual stimulation or arousal; acts or simulation of human masturbation, sexual intercourse or sodomy; and/or fondling or other erotic touching of human genitals, pubic region, buttock or female breast. o o o (2) That this ordinance immediately upon adoption. shall become effective And, further, the Board adopted the following ordinance: AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED BY AMENDING AND RE-ENACTING SECTIONS 15-122.6, 15-122.7, 15-122.8 and 15-122.9, REPEALING 15-122.9A AND ADDING SECTIONS 15-123, 15-124, 15-125 and 15-126 RELATING TO ADULT USES AND PROVIDING FOR A PENALTY BE IT ORDAINED Chesterfield County: by the Board of Supervisors of (1) That Sections 15-122.6, 15-122.7, 15-122.8 and 15-122.9 of the Code of the County of Chesterfield, 1997, as amended, are amended and re-enacted, Section 15-122.9A is repealed, and Sections 15-123,15-124, 15-125 and 15-126 are added to read as follows: 15-122.6. Judicial review of adult use permit denial or revocation. After denial of an application, denial of a renewal of an application, or revocation or suspension of a permit, Chesterfield County will facilitate the applicants' obtaining prompt review of the decision from the Circuit Court of Chesterfield County if the applicant desires to appeal. Unless the applicant agrees to an extension, the County will file a responsive pleading within ten days of service upon the County of an appeal, will file a responsive brief within fifteen days of service of the applicant's brief and will agree to any reasonable expedited trial or hearing date. 15-122.7. Regulations Pertaining to Adult Businesses Providing Adult Entertainment. For purposes of this Section, "adult entertainment" is defined as dancing, modeling or other live entertainment if the performers' performance is characterized by an emphasis on "specified anatomical areas" or "specified sexual activities" as defined in Chapter 19, or is intended for the sexual stimulation or titillation of patrons. No person shall provide adult entertainment for patron(s) of an adult business except upon a stage at least eighteen (18) inches above the level of the floor which is separated by a distance of at least ten (10) 02- 426 05/29/02 Do Eo F o Ho Jo Ko Lo feet from the nearest area occupied by patron(s). No patron shall be permitted within ten (10) feet of the stage while the stage is occupied by a performer. The adult business shall provide separate dressing room facilities for female and male performances which shall not be occupied or used in any way by any one other than performers. The adult business establishment shall provide access for performers between the stage and the dressing rooms which is completely separated from the patrons. If such separate access is not physically feasible, the establishment shall provide a minimum of four (4) foot wide walk aisle for performers between the dressing room area and the stage, with a railing, fence or other barrier separating the patrons and the performers which prevents any physical contact between patrons and performers. No entertainer shall have physical contact with any patron, employee or other entertainer and no patron shall have physical contact with any entertainer while in or on the premises of the adult business. Fixed rail(s) at least thirty (30) inches in height shall be maintained establishing the separation between performers and patrons required by this section. No patron shall directly pay or give any gratuity to any entertainer. A patron who wishes to pay or give a gratuity to a performance shall place the gratuity in a container that is at all times located separately from the performers for the purpose of preventing any physical contact between a patron and a performer. No performer shall solicit any gratuity from any patron. Patrons must be at least 18 years of age; Owners, managers, entertainers must be at least 18 years of age; The adult business shall not operate between the hours of 2:00 a.m. and 9:00 a.m. on any particular day. No operator of an adult business shall cause or allow a performer to contract or engage in any entertainment such as a "couch", a "straddle" or lap dance with a patron while in or on the establishment premises. No performer shall contract to or engage in a "couch", a "straddle" or lap dance with a patron while in or on the establishment premises. For purpose of this subsection, "couch", "straddle" or lap dance is defined as an employee of the establishment intentionally touching or coming within ten (10) feet of any patron while engaged in the display or exposure of any "specified anatomical area", or any "specified sexually activity" or while engaged in other activity intended for the sexual stimulation or titillation of patrons. This section shall not apply to an employee of an establishment who, while acting as a waiter, waitress, host, hostess, or bar tender, comes within ten (10) feet of a patron. No employee shall engage in any "specified sexual activity" or display or expose any "specified anatomical area" or engage in other activity intended for the sexual stimulation or titillation of patrons while acting as a waiter, waitress, host, hostess, or bar tender. 02- 427 05/29/02 Sec. 15-122.8. ReGulations pertaining to &dult businesses offering viewing booths. (a) Wide angle mirrors and/or video systems must be used to provide the manager with continuous monitoring of all areas of the establishment. (b) Youth-oriented merchandise must be kept separate from the sexually oriented merchandise. c) To the extent booths are provided for viewing of videos, movies, DVDs, or other media, the booths must meet the following criteria: 1) Minimum size of 500 square feet. 2) No doors on booths so that manager may have visual access to the booth. (3) Firewalls must be provided between booths. (4) The premises shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place patrons are permitted access and an illumination of not less that two foot candles as measured at the floor level. Sec. 15-122.9 Regulations Pertaining to All Adult Businesses. (a) Sexually explicit material shall not be displayed in the windows of adult businesses. Further, adult merchandise as defined in Chapter 19 shall not be visible from any point outside the establishment. (b) Signs advertising the adult business attention-getting devices shall not sexually explicit pictures or language. and any display (c) Ail off-street parking areas of the adult business shall be illuminated from dusk to closing hours of operation with a lighting system which provides an average maintained horizontal illumination of one foot candle of light on the parking surface and walkways. Adequate lighting shall also be provided for all entrances and exits serving the adult business. (d) Adult businesses shall not employ any person under the age of 18. (e) Wide angle mirrors and/or whdeo systems must be used to provide the manager with continuous monitoring of all areas of the establishment. (f) The owner or operator shall install, operate and maintain a security camera and video tape system designed by a security specialist which shall continuously monitor all exterior entrances and parking areas of the establishment. Such cameras shall provide clear imagery of the establishment's patrons and their vehicles. Tapes recording activities in the areas under surveillance shall be preserved for a period of twelve months. Authorized representatives of the Chesterfield County Police Department or the Chesterfield County Planning Department shall have access to such tapes in accordance with applicable law. (g) For purposes of this article, an "employee" means an individual working or performing services for 02- 4,28 05/29/02 any adult business, including any independent contractor who provides services on behalf of any adult business to the patrons of such business, whether or not the individual receives any remuneration, gratuity, or tips of any kind, or pays the permittee, manager or other person for the right to perform or entertain in the adult business. Sec. 15-123. Public Indecency Prohibited. Nothing in this article shall be construed to permit any conduct which violates section 14-33 of the Code. Sec. 15-124. Regulations Applying to Adult Businesses and Non-Adult Businesses. Businesses that offer after May 29, 2002 that portion of adult merchandise, as defined in Chapter 19, which is intended for the sexual stimulation or titillation of patrons for sale or rent shall not permit entry to persons under age 18 or must segregate the adult merchandise from the other merchandise and structure the display of the adult merchandise to prevent examination, perusal, or viewing of such merchandise by juveniles. Sec. 15-125. Violations. Except as permitted in section 15-122.2(a), operation of an adult business without a permit is prohibited. Violations of this article shall be unlawful and subject to the provisions of section 1-5 of the Code. Sec. 15-126. If any part of this section of the ordinance shall be deemed unconstitutional or otherwise invalid, the validity of the remaining provisions shall not be affected thereby. (2) That this ordinance shall become effective immediately upon adoption but any adult businesses currently operating in the County shall have 30 days from the date of adoption to apply for a police permit and 90 days after obtaining the permit to comply with any other new requirements of this ordinance. Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. 3.C. TO CONSIDER THE APPROPRIATION OF WATER AND SEWER REVENUE REFUNDING BONDS, SERIES 2002 AND RELATED COSTS OF ISSUANCE Ms. Dickson stated that on May 22, 2002, the Board deferred the advertised public hearing to consider the appropriation of Water and Sewer Revenue Refunding Bonds, Series 2002 and related costs of issuance until this date and time. Mr. Miller called for the public hearing. No one came forward to speak to the issue. On motion of Mrs. Humphrey, seconded by Mr. McHale, the Board appropriated up to $11,000,000 of Water and Sewer Revenue Refunding Bonds, Series 2002 and related costs of the issuance. Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. 02- 429 05/29/02 3.D. TO A~ND COUNTY POLICY REGARDING CRIMINAL BACKGROUND CHECKS FOR COACHES OF CO-SPONSORED GROUPS Mr. Mike Chernau, Senior Assistant County Attorney, stated that on May 22, 2002, the Board deferred the advertised public hearing to consider amending the county policy regarding criminal background checks for coaches of co- sponsored groups until this date and time. He further stated that the proposed amendments would provide more flexibility in barrier crimes that are currently an absolute bar to coaching. He stated that the first amendment would allow people to coach who have been convicted of a barrier crime if the governor restores his or her political disabilities, and the second amendment would limit barrier crimes involving juveniles to only those crimes involving sexual or physical conduct and would allow cases to be considered on a case by case basis. Mrs. Humphrey stated that she requested the amendments at the request of two constituents. She further stated that she feels certain situations should be reviewed on an individual basis. Mr. Miller called for the public hearing. Mr. Reginald Tinsley, a coach since 1990, stated that he feels there should be a review process as well as an appeal process for people who are denied the opportunity to coach whereby cases are reviewed on an individual basis and information is gathered from the community about each individual, with a decision made based upon that. He encouraged the Board to adopt the proposed amendments. Ms. Marsha Litton, member of the Parks and Recreation Advisory Commission (PRAC), requested that the Board refer the amendments to PRAC for review prior to adoption. No one else came forward to speak to the issue. Mr. Barber noted that some crimes are absolute barriers, regardless of review. He stated that he feels a person who may have made a mistake twenty years ago as a teenager should not to be punished for that mistake by not being allowed to coach. He further stated that he is willing to support the proposed amendments without sending it to the Parks and Recreation Advisory Commission. When asked, Mr. Chernau stated that the background check includes driving under the influence (DUI) convictions. He further stated that, of the approximately 4,200 applications that have been processed with background checks, 250 individuals had some sort of criminal conviction in their past and 29 have been denied the ability to coach. Mr. McHale stated that the statistics demonstrate that the policy has been successful thus far. He further stated that the Parks and Recreation Advisory Commission worked diligently on the process and he feels it would be equitable to allow them to review the proposed amendments before adoption. Discussion ensued relative to the types of crimes that have been discovered thus far through the background checks. Mr. Miller stated that the statistics prove that the Board did the right thing when adopting the policy. He expressed concerns that crimes committed in other states may not be detected under the current policy, and requested that staff explore the possibility of expanding the background checks from just a state search to a national search. He stated that he has concerns about amending the policy, but would 02- 430 05/29/02 support the recommendation to send the amendments to the Parks and Recreation Advisory Commission for review. Mr. McHale stated that the Board could also ask PRAC to consider the idea of exploring the federal registry. Mrs. Humphrey stated that one of the individuals who was denied the ability to coach has had his civil rights restored, and she feels the county should respond to this situation. She further stated that she feels the other person's case should be reviewed individually. She expressed concerns relative to the offenses that have been discovered through the background checks. She stated that she will support sending the amendments to PRAC for review, and requested that they provide an expedited recommendation to the Board. Mrs. Humphrey made a motion, seconded by Mr. Barber, for the Board to refer the proposed amendments to the county policy regarding criminal background checks to the Parks and Recreation Advisory Commission for a recommendation and continue the public hearing to consider the amendments until August 28, 2002. Questions and comments ensued relative to the information requested on the application form, and notification of applicants who are denied the ability to coach. Mr. Barber suggested that the Parks and Recreation Advisory Commission also review the application. Discussion ensued relative to the confidentiality of the criminal background check process. Mr. Ramsey stated that a team including the Chairman of the Parks and Recreation Advisory Commission, Mr. Chernau and Human Resource Management staff developed the original policy that was brought to the Parks and Recreation Advisory Commission for recommendation to the Board. Mr. Miller requested that the amendments be dealt with in the same manner. Mr. Miller called for a vote on the motion of Mrs. Humphrey, seconded by Mr. Barber, for the Board to refer the proposed amendments to the county policy regarding criminal background checks to the Parks and Recreation Advisory Commission for a recommendation and continue the public hearing to consider the amendments until August 28, 2002. Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. 4. ADJOD-RNHENT On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board adjourned at 8:20 p.m. until June 7, 2002 at 12:00 noon for a joint summit with members of the School Board and Planning Commission at Henricus Park. Ayes: Miller, Warren, Humphrey, Barber and McHale. Nays: None. LaKe B. Ramsey / County Administrator 02- 4,31 05/29/02