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06-20-2001 MinutesBOARD OF SUPERVISORS MINUTES June 20, 2001 Supervisors in Attendance: Mrs. Renny B. Humphrey, Chairman Mr. Kelly E. Miller, Vice Chrm. Mr. Edward B. Barber Mr. J. L. McHale, III Mr. Arthur S. Warren Mr. Lane B. Ramsey County Administrator Staff in Attendance: Mr. George Braunstein, Dir., Community Services Board Ms. Marilyn Cole, Asst. County Administrator Ms. Mary Ann Curtin, Dir., Intergovtl. Relations Ms. Rebecca Dickson, Dir., Budget and Management Ms. Lisa Elko, Clerk Chief Stephen A. Elswick, Fire Department Mr. Michael Golden, Dir., Parks and Recreation Mr. Lawrence Haake, III, Registrar Mr. Bradford S. Hammer, Deputy Co. Admin., Human Services Mr. Russell Harris, Mgr. of Community Development Services Mr. Donald Kappel, Dir., Public Affairs Ms. Mary Lou Lyle, Dir., Accounting Mr. R. John McCracken, Dir., Transportation Lt. Col. Dennis McDonald, Police Department Mr. Richard M. McElfish, Dir., Env. Engineering Mr. Steven L. Micas, County Attorney Mr. Glen Peterson, Dir., Community Diversion Incentive Program Mr. Francis Pitaro, Dir., General Services Ms. Beverly Rogers, Asst. Dir., Planning Mr. William Russell, Asst. Dir., Info. Systems Tech. Mr. Dean Sasek, Asst. Right-of-Way Manager Mr. James J. L. Stegmaier, Deputy Co. Admin., Management Services Mr. M. D. Stith, Jr., Deputy Co. Admin., Community Development Mr. Thomas A. Taylor, Dir., Block Grant Office Dr. Robert Wagenknecht, Dir., Libraries Mr. Mike Westfall, Asst. Dir., Internal Audit 06/20/01 01-481 Mr. William Wright, Eng. Supervisor, Utilities Mrs. Humphrey called the regularly scheduled meeting to order at 3:12 p.m. 1, APPROVAL OF MINUTES On motion of Mr. McHale, seconded by Mr. Barber, the Board approved the minutes of May 23, 2001, as submitted. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 2. COUNTY ADMINISTRATOR'S COMMENTS Mr. Ramsey introduced Ms. Nan Hailey, the Christmas Mother for 2000. Ms. Hailey thanked the County for its continued support and presented the Department of Public Affairs with the first annual Christmas Mother Wreath Award in appreciation of the department's efforts in promoting the Christmas Mother Program. Mr. Kappel expressed appreciation, on behalf of the Department of Public Affairs, for the recognition. Mr. Ramsey introduced Mr. Basil Snider, member of the Meals on Wheels Board of Directors to make a presentation to the Board. Mr. Snider recognized Meals on Wheels Board member Mrs. Beverly Titus and staff member Ms. Judy Williams who were present at the meeting. He presented the Board with the following resolution of appreciation for the County's support of the Meals on Wheels Program: WHEREAS, Meals on Wheels of Greater Richmond is in its fourth decade of service to the community's homebound to help them maintain their independence at home in familiar surroundings; and WHEREAS, Meals on Wheels strives to improve the physical and mental health of those they serve by providing them with a balanced, healthy and appealing diet, as well as providing the daily contact of a caring volunteer; and WHEREAS, Meals on Wheels cooperates with other community services to ensure adequate care for those we serve; and WHEREAS, Meals on Wheels of Greater Richmond has served the homebound residents of Chesterfield County in need of daily home delivered meals. NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of Meals on Wheels of Greater Richmond recognizes and thanks the Manager and Board of Supervisors of Chesterfield County for their endorsement of our service, their cooperation, and financial support in providing Meals on Wheels to those in need. 01-482 Mrs. Humphrey expressed appreciation for the recognition and commended the volunteers who provide meals to County citizens. 7, BOARD COMMITTEE REPORTS There were no Board Committee Reports at this time. REOUESTS TO POSTPONE ACTION. ADDITIONS. OR CHANGES IN THE ORDER OF PRESENTATION On motion of Mr. Warren, seconded by Mr. McHale, the Board replaced Item 5.A., Resolution Recognizing Members of the Chester Fire Station and the Chesterfield Professional Firefighters Association for their Assistance and Hospitality in Boarding the Two Firefighters from Belize; deleted Item 6., Work Session on the 2001 General Assembly Legislation; added Item 8.A.6., Appointment to the Social Services Board; added Item 8.B.6.c., Set Date for Public Hearing to Consider Vacating a Portion of Unimproved County Right-of-Way Known as Morrisett Road; and adopted the Agenda, as amended. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 5. RESOLUTIONS AND SPECIAL RECOGNITIQN~ 5oao RECOGNIZING MEMBERS OF T~ C~RSTER FIRE STATION AND THE CHESTERFIELD PROFESSIONAL FIREFIGHTERS ASSOCIATION FOR THEIR ASSISTANCE AND HOSPITALITY IN BOARDING T~ TWO FIREFIGHTERS FROM BELI~ Chief Elswick introduced District Chief Butch Fuzy, Captain Henry Grodski and Lieutenant Pete Hypes, representing the Chester Fire Sation and Firefighter Gene Ledlie, representing the Professional Firefighters Association who were present to receive the resolution. On motion of the Board, the following resolution was adopted: WHEREAS, one of the strategic goals of the Department of Fire and Emergency Medical Services is "to provide service that exceeds customer expectations"; and WHEREAS, providing state-of-the-art fire and life safety training to the members of our organization is the key to preventing injuries and deaths to our firefighters and County citizens; and WHEREAS, sharing this valuable training with members from other fire service organizations is the foundation to eliminating injuries and deaths to the firefighters and citizens of those communities; and WHEREAS, the Chesterfield County Department of Fire and Emergency Medical Services invited two members from the Belize National Fire Service, Firefighter Newton Lennon and Firefighter Benisford Matura, to be a part of Recruit School #30; and WHEREAS, the members of Fire Station Number One, known as the Chester Fire Station, both volunteer and career, and the Chesterfield Professional Firefighters Association partnered together to provide a home-away-from-home for the two visiting Belize firefighters; and 01-483 WHEREAS, the members of the Chester Fire Station provided room, board, meals and social activities, and the Chesterfield Professional Firefighters Association provided monetary support to ensure our visiting Belize firefighters felt at home during their stay. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors commends all members of the Chester Fire Station and the Chesterfield Professional Firefighters Association for their department pride and commitment, and expresses appreciation for the hospitality and professionalism shown by these members to our visiting firefighters which emulates Chesterfield County's goal '~to provide world class customer service." Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. Mrs. Humphrey presented the executed resolution to District Chief Butch Fuzy, accompanied by Captain Henry Grodski and Lieutenant Pete Hypes, and also to Firefighter Gene Ledlie, accompanied by Firefighters Mark Kurtz, David Latham and William Jeffords, and commended the members of the Chester Fire Station and the Professional Firefighters Association for the hospitality and financial assistance provided to Firefighters Lennon and Matura during their stay in Chesterfield County. She requested that the Fire Department consider training firefighters from other international neighbors in future recruit schools should the opportunity present itself again. Chief Elswick stated that Chief Rick Bucher and the training staff are already exploring that possibility for the next recruit school. RECQGNIZING LOWE'S MIDLOTHIAN STORE FOR ITS GENEROUS DISPLAY OF C01~NITY SPIRIT Mr. Kappel introduced Mr. Mike Sida, Manager of Lowe's Midlothian Store and Mr. Randy Ramsey, Installed Sales Coordinator for Lowe's Midlothian Store, who were present to receive the resolution. On motion of the Board, the following resolution was adopted: WHEREAS, on June 1, 2001, the GRTC Transit System conducted a dedication ceremony for the new "Link" van service to be operated in Chesterfield County; and WHEREAS, this day had been anticipated for years and had attracted approximately 150 people, including former Virginia Governor Gerald Baliles; Senator Henry Marsh; Senator John Watkins and many other dignitaries; GRTC customers and others; and WHEREAS, the ceremony was conducted in the Lowe's Park and Ride commuter parking lot in front of the Lowe's store at 1512 West Koger Center Boulevard in Midlothian, Virginia; and WHEREAS, the near-record-breaking volume of rainfall that ensued during the ceremony overwhelmed the event planners' inclement weather plan, which had relied on several canopy tents; and WHEREAS, the management of Lowe's, who had already provided logistical support to the event, graciously invited all of the ceremony's attendees into their facility, cleared a large atrium room, set up chairs, and made everyone feel welcome; and 01-484 WHEREAS, this generous display of community spirit saved the event and offered a dry and inviting atmosphere in the midst of the storm; and WHEREAS, such civic-minded and neighborly conduct deserves public recognition. NOW, THEREFORE, BE IT RESOLVED, that the Chesterfield County Board of Supervisors expresses its sincere appreciation to the management and staff of Lowe's Midlothian store, and on behalf of all citizens of Chesterfield County and riders of GRTC's new ~Link" vans, thanks them for their invaluable assistance in providing a fitting launch for this new public transportation service. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. Mrs. Humphrey presented the executed resolution to Mr. Ramsey and expressed appreciation for the extraordinary community spirit displayed by the management and staff of Lowe's Midlothian Store. Mr. Ramsey expressed appreciation for the recognition and stated that Lowe's of Midlothian is proud to be a part of the Chesterfield Link Program. 6. WORK SESSION~ There were no work sessions at this time. 7. DEFERRED ITEMS 7 oao TO CONSIDER AMENDMENTS AND ADOPTION OF VARIOUS ADMINISTRATIVE POLICIES REOUIRING BACKGROUND CHECF~ FOR COUNTY VOLUNTEERS, RESCUE SOUAD VOLUNTEERS ~ VOLUNTEERS/COACHES OF CO-SPONSORED RECREATION GROUPS Mr. Miller stated that he feels it would be prudent for the Board to defer consideration of amendments and policies relative to background checks and have additional time to study the issue further. There was brief discussion relative to the amount of time necessary to further study the issue. On motion of Mr. Miller, seconded by Mr. McHale, the Board deferred consideration of amendments and adoption of various administrative policies requiring background checks for County volunteers, rescue squad volunteers and volunteers/coaches of co-sponsored recreation groups until August 22, 2001. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. Mr. Warren requested that the deferral be communicated to the co-sponsored recreation groups. 01-485 TO CONSIDER AN QRDINANCE TO IMPLEMENT AN AMBULANCE TRANSPORTATION FEE FOR EMERGENCY MEDICAL SERVICES Mr. Ramsey stated that on May 23, 2001 the Board held a public hearing and deferred consideration of an ordinance to implement an ambulance transportation fee for emergency medical services (EMS). He further stated that the Budget and Audit Committee is prepared to make a recommendation at this time. Mr. McHale stated that it is the consensus of the Budget and Audit Committee that the Board defer action on the ordinance until the audited FY2001 results of operations are received in November 2001 to determine if there might be an alternative way to fund the EMS system improvements included in the recommendation for revenue recovery with revenue from the general fund in excess of the budget. He further stated that improving EMS response time and firefighter safety is a high priority for the Board. Mr. McHale then made a motion consideration of an ordinance to transportation fee for emergency November 14, 2001. that the Board defer implement an ambulance medical services until Mr. Warren seconded the motion, stating that the Board was in a financial position after receiving the FY2000 audited results of operations to make a considerable commitment above what was already appropriated in the budget to meet the needs of the Fire Department and EMS system. He further stated that the Budget and Audit Committee hopes to be in a position to meet the needs included in the recommendation for revenue recovery after receiving the FY2001 audited results of operations. Mr. Barber expressed concerns relative to use of revenue in excess of the budget for nonrecurring items. When asked, Mr. Ramsey stated that generally the Board's practice has been to use excess revenue for nonrecurring items, but indicated that the additional firefighters that were funded through FY2000 excess revenue represent an ongoing cost. Mr. Barber stated that he feels the Board needs to be cautious not to overextend the use of revenue in excess of budget. He further stated that the concept of EMS revenue recovery was to be a dedicated source of revenue to allow additional firefighters to be hired and to address other EMS issues. Mr. Miller stated that he feels the Board has a responsibility to determine if excess revenue will be available to meet the needs of the Fire Department and EMS system, and indicated that he will support Mr. McHale's motion. Mrs. Humphrey expressed appreciation for the efforts of the Budget and Audit Committee and indicated that she will support the request for deferral. She stated that she agrees with Mr. Barber's concerns relative to being cautious when extending excess revenue for recurring items, and noted that public safety and EMS needs in the County continue to rise. Mrs. Humphrey then called for a vote on the motion of Mr. McHale, seconded by Mr. Warren, for the Board to defer consideration of an ordinance to implement an ambulance transportation fee for emergency medical services until November 14, 2001. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 01-486 NEW BUSINESS AppOINTMENTS On motion of Mr. Barber, seconded by Mr. McHale, the Board suspended its rules at this time to allow simultaneous nomination/appointment/reappointment of members to serve on the Senior Connections Board, Board of Building Code Appeals, Community Criminal Justice Board, Industrial Development Authority, Richmond Metropolitan Convention and Visitors Bureau and the Social Services Board. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 8.A.1. SENIOR CONNECTIONS BOARD On motion of Mr. Barber, seconded by Mr. Miller, the Board simultaneously nominated/reappointed Mr. Bradford Hammer, representing the County at large, to serve on the Senior Connections Board, whose term is effective July 1, 2001 and expires June 30, 2004. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 8.A.2. BUILDING CODE APPEALS On motion of Mr. Barber, seconded by Mr. McHale, the Board simultaneously nominated/reappointed the following members to serve on the Board of Building Code Appeals whose terms are effective July 1, 2001 and expire June 30, 2004: Name District Mr. Robert W. Andrus Mr. W. G. (Bill) Fields Mr. Timothy D. Grider Mr. Lonnie Miller Mr. James D. Snowa Midlothian Matoaca Clover Hill Midlothian Midlothian And, further, the Board simultaneously nominated/reappointed the following members to serve on the Board of Building Code Appeals whose terms are effective August 1, 2001 and expire July 31, 2004: Name District Mr. Steven M. Applegate, P.E. Mr. Robert Foster Midlothian Matoaca Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 8.A.3. COMMUNITY CRIMINAL JUSTICE BOARD On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board simultaneously nominated/reappointed The Honorable Philip V. Daffron, Mr. Bradford S. Hammer, Sheriff Clarence G. Williams, The Honorable Frederick Rockwell, III, Mr. Paige W. Foster, Mr. Michael W. Lee, Mr. Gregory D. Carr, Dr. John Morgan, Ms. Jane Ogletree and Ms. Elvira Shaw to serve on the Community Criminal Justice Board, whose terms are effective July 1, 2001 and expire June 30, 2003. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 01-487 8,A, 4 , INDUSTRIAL DEVELOPMENT AUTHORITY On motion of Mr. Miller, seconded by Mrs. Humphrey, the Board simultaneously nominated/reappointed Mr. James A. Spencer, representing the Dale District, to the Industrial Development Authority, whose term is effective July 1, 2001 and expires June 30, 2005. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 8.A.5. RICHMOND METRQPOLITAN CONVENTION AND VISITORS BUREAU On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board simultaneously nominated/reappointed Mr. Heinz Mathis and Mr. John Stewart to serve on the Richmond Metropolitan ~Convention and Visitors Bureau, whose terms are effective July 1, 2001 and expire June 30, 2003. And, further, the Board simultaneously nominated/appointed Mr. Walter Heyer to serve on the Richmond Metropolitan Convention and Visitors Bureau, whose term is effective July 1, 2001 and expires June 30, 2002. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 8.A.6. SOCIAL SERVICES BOARD On motion of Mr. McHale, seconded by Mr. Warren, the Board simultaneously nominated/appointed Reverend Johnnie Fleming, representing the County at-large, to the Chesterfield/Colonial Heights Social Services Board, whose term is effective July 1, 2001 and expires June 30, 2005. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. CONSENT ITEMS Mr. McHale made a motion, seconded by Mrs. Humphrey, for the Board to remove the following items from the consent agenda to allow for public comment: Item 8.B.3., Initiation of an Application for a Conditional Use Planned Development to Permit an Indoor/Outdoor Recreational Facility; Item 8.B.9., Adoption of Maximum Cash Proffer Per Lot for Fiscal Year 2002; and Item 8.B.14., Approval of FY2002 Priority List of Primary and Interstate Needs. Mr. Barber stated that it was also his intention to remove Item 8.B.14., Approval of FY2002 Priority List of Primary and Interstate Needs, from the Consent Agenda for Board discussion. Mrs. Humphrey called for a vote on the motion made by Mr. McHale, seconded by Mrs. Humphrey, for the Board to remove the following items from the consent agenda to allow for public comment: Item 8.B.3., Initiation of an Application for a Conditional Use Planned Development to Permit an Indoor/Outdoor Recreational Facility; Item 8.B.9., Adoption of Maximum Cash Proffer Per Lot for Fiscal Year 2002; and Item 8.B.14., 01-488 Approval of FY2002 Priority List of Primary and Interstate Needs. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 8,B,1, AUT~QRIZATION TO EXECUTE THE POLICE MUTUAL AID JOINT AVIATIQN AGREEMENT BETWEEN CHESTERFIELD AND HENRICO ~QUNTIES AND THE CITY OF RICHMOND On motion of Mr. McHale, seconded by Mr. Warren, the Board authorized the County Administrator or his designee to execute the Police Mutual Aid Joint Aviation Agreement between Chesterfield and Henrico Counties and the City of Richmond, on behalf of the County. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 8.B.2. ADOPTION OF RESOLUTIONS 8 .B.2 .a. RECOGNIZING SENIOR CAPTAIN KENNETH C. WHEELING, FIRE AND EMERGENCY MEDICAL SERVICES DEPARTMENT, UPON HIS RETIREMENT On motion of Mr. McHale, seconded by Mr. Warren, the Board adopted the following resolution: WHEREAS, Senior Captain Kenneth C. Wheeling will retire from the Fire and Emergency Medical Services Department, Chesterfield County, on June 1, 2001; and WHEREAS, Senior Captain Wheeling was hired in 1971, attended Recruit School Number Two in 1972, and has faithfully served the County for thirty years in various assignments as a Firefighter at Bon Air Fire Station, as a Firefighter and then Sergeant at Manchester Fire Station, as a Sergeant and then Lieutenant at Midlothian Fire Station, as a Regional Commander for the Southern Battalion, as a Senior Captain at Bon Air Fire Station and as a Senior Captain in the Maintenance and Logistics Division; and WHEREAS, Senior Captain Wheeling tested the first Nomex fire coat ever made for the nation's fire service in 1972, and instituted the first Mask Repair Shop at the Bon Air Fire Station; and WHEREAS, Senior Captain Wheeling was very involved in the design of the original Air Utility Unit; and WHEREAS, in 1973, Senior Captain Wheeling was assigned to the Manchester Fire Station on the first County tractor drawn Aerial Ladder, and also became the first Regional Commander in charge of the south end of the County on "B" Shift; and WHEREAS, in 1987, Senior Captain Wheeling transferred to the Support Division to oversee construction of new Fire Stations 3, 4, 11, 15, 16, and 17; was involved in the renovations of Fire Stations 1, 5, 7, 8, 12 and 13; oversaw construction of the Eanes-Pittman Public Safety Training Building and the 911 Center; and assisted in the land acquisition for fire stations at Winterpock and Reams Road; and WHEREAS, in 1998, Senior Captain Wheeling was recognized as the Outstanding Career Officer for 1997; and 01-489 WHEREAS, Senior Captain Wheeling developed and implemented the diesel particulate removal system in all fire stations to insure the safety of our personnel; and WHEREAS, Senior Captain Wheeling was never late to work in thirty years; and NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors recognizes Senior Captain Kenneth C. Wheeling, expresses the appreciation of all residents for his contributions to the County, and extends appreciation for his dedicated service and congratulations upon his retirement. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 8 .B.2 .b, RECOGNIZING MISS COURTNEY PAIGE CRAWFORD UPON ATTAINING THE GOLD AWARD On motion of Mr. McHale, seconded by Mr. Warren, the Board adopted the following resolution: WHEREAS, the Girl Scouts of the United States of America is an organization serving over 2.6 million girls and was founded to promote citizenship training and personal development; and WHEREAS, after earning four interest project patches, the Career Exploration Pin, the Senior Girl Scout Leadership Award, the Senior Girl Scout Challenge, and designing and implementing a Girl Scout Gold Award project; and WHEREAS, the Gold Award is the highest achievement award in Girl Scouting and symbolizes outstanding accomplishments in the areas of leadership, community service, career planning, and personal development; and WHEREAS, the Girl Scout Award can only be earned by girls aged 14-17 or in grades 9-12 and is received by less than six percent of those individuals entering the Girl Scouting movement; and WHEREAS, Miss Courtney Paige Crawford, Troop 684, has accomplished these high standards and has been honored with the Girl Scouts of America Gold Award by the Commonwealth Girl Scout Council of Virginia; and WHEREAS, growing through her experiences in Girl Scouting, learning the lessons of responsible citizenship, and priding herself on the great accomplishments of her Country, Courtney 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 Miss Courtney Paige Crawford on her attainment of the Gold Award and acknowledges the good fortune of the County to have such an outstanding young woman as one of its citizens. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 01-490 8,B,4, APPROVAL OF REQUEST TO WRITE OFF UNCOLLECTIBLE ACCOUNTS RECEIVABLE On motion of Mr. McHale, seconded by Mr. Warren, the Board approved a request to write off uncollectible accounts receivable totaling $148,269.91. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. ~,B,5, ~TATE ROAD ACCEPTANCE On motion of Mr. McHale, seconded by Mr. Warren, the Board adopted the following resolution: WHEREAS, the streets described below are shown on plats recorded in the Clerk's Office of the Circuit Court of Chesterfield County; and WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised this Board the streets meet the requirements established by the Subdivision $%r¢¢~ Requirements of the Virginia Department of Transportation. NOW, THEREFORE BE IT RESOLVED, that this Board requests the Virginia Department of Transportation to add the streets described below to the secondary system of state highways, pursuant to § 33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements. AND, BE IT FURTHER RESOLVED, that this Board guarantees a clear and unrestricted right-of-way, as described, and any necessary easements for cuts, fills and drainage. AND, BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. Tvoe Chanoe to the Secondary Svstam of State Hinhwavs: Basis for Change: Addition, New subdivision street Statutory Reference: §33.1-229 Project: From: To: Addition Harrowgate, l-Sandwave Road Addition Sandwave Road, State Route Number: 1181 West Dogwood Av., (Rt. 3819) 0.03 Mi. S. of West Dogwood Av., (Rt. 3819), a distance of: 0.03 miles. Right-of-way record was filed on 2/5/1999 with the Office Of Clerk To Circuit Court in Pb. 106; Pg. 27, with a width of 60 Ft. · Sandwave Road, State Route Number: 1 From: Cougar Trail Rd., (Rt. 1177) To: 0.03 Mi. S of Cougar Trail Rd., (Rt. 1177), a distance of: 0.03 miles. Right-of-way record was filed on 8/8/1997 with the Office Of Clerk To Circuit Court in Db. 3420; Pg. 644, with a width of 60 Ft. And, further, the Board adopted the following resolution: WHEREAS, the street described below is shown on plats recorded in the Clerk's Office of the Circuit Court of Chesterfield County; and 01-491 WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised this Board the street meets the requirements established by the Subdivision Stree~ R~quirements of the Virginia Department of Transportation. NOW, THEREFORE BE IT RESOLVED, that this Board requests the Virginia Department of Transportation to add the street described below to the secondary system of state highways, pursuant to § 33.1-229, Code of Virginia, and the Department's Subdivision Street R~quirement$. AND, BE IT FURTHER RESOLVED, that this Board guarantees a clear and unrestricted right-of-way, as described, and any necessary easements for cuts, fills and drainage. AND, BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. Tvoe Change to the Secondary System of State Highways: Basis for Change: Addition, New subdivision street Statutory Reference: §33.1-229 Project: From: To: Addition Jeesup Farms, Section D Turner Road, State Route Number: 2358 Bayview Dr., (Rt. 2357) .08 Mi. S. of Bayview Dr., (Rt. 2357), a distance of: 0.08 miles. Right-of-way record was filed on 8/13/1999 with the Office Of Clerk To Circuit Court in Pb. 106; Pg. 50, with a width of 90 Ft. Right-of-way record was filed on 7/14/1964 with the Office Of Clerk To Circuit Court in Pb. 14; Pg.7, with a width of 66 Ft. And, further, the Board adopted the following resolution: WHEREAS, the streets described below are shown on plats recorded in the Clerk's Office of the Circuit Court of Chesterfield County; and WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised this Board the streets meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation. NOW, THEREFORE BE IT RESOLVED, that this Board requests the Virginia Department of Transportation to add the streets described below to the secondary system of state highways, pursuant to § 33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements. AND, BE IT FURTHER RESOLVED, that this Board guarantees a clear and unrestricted right-of-way, as described, and any necessary easements for cuts, fills and drainage. AND, BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. TyI~ {~hanc~e to the Secondary System of State Hic~hwavs: Addition Basis for Change: Addition, New subdivision street Statutory Reference: §33.1-229 01-492 Project: From: 'Fo: Rolling Hills, Section D Corcoran Court, State Route Number: 4399 Corcoran Dr., (Rt. 4394) Cul-de-sac, a distance of: 0.03 miles. Right-of-way record was filed on 12/2/1999 with the Office Of Clerk To Circuit Court in Pb. 108; Pg. 44, with a width of 45 Ft. · Corcoran Drive, State Route Number: 4394 From: Belmont Rd., (Rt. 651) To: Corcoran PI., (Rt. 4398), a distance of: 0.08 miles. Right-of-way record was filed on 12/2/1999 with the Office Of Clerk To Circuit Court in Pb. 108; Pg. 44, with a width of 50 Ft. Right-of-way record was filed on 12/2/1969 with the Office Of Clerk To Circuit Court in Pb. 17; Pg. 42, with a width of 50 Ft. · Corcoran Drive, State Route Number: 4394 From: Corcoran Pi., (Rt. 4398) To: Corcoran Ct., (Rt. 4399), a distance of: 0.09 miles. Right-of-way record was filed on 12/2/1999 with the Office Of Clerk To Circuit Court in Pb. 108; Pg. 44, with a width of 50 Ft. · Corcoran Drive, State Route Number: 4394 From: Corcoran Ct., (Rt. 4399) To: Cul-de-sac, a distance of: 0,08 miles. Right-of-way record was filed on 12/2/1999 with the Office Of Clerk To Circuit Court in Pb. 108; Pg. 44, with a width of 50 Ft. · Corcoran Place, State Route Number: 4398 From: Corcoran Dr., (Rt. 4394) To: Cul-de-sac, a distance of: 0.08 miles. Right-of-way record was filed on 12/2/1999 with the Office Of Clerk To Circuit Court in Pb. 108; Pg. 44, with a width of 45 Ft, And, further, the Board adopted the following resolution: WHEREAS, the streets described below are shown on plats recorded in the Clerk's Office of the Circuit Court of Chesterfield County; and WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised this Board the streets meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation. NOW, THEREFORE BE IT RESOLVED, that this Board requests the Virginia Department of Transportation to add the streets described below to the secondary system of state highways, pursuant to ~ 33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements. AND, BE IT FURTHER RESOLVED, that this Board guarantees a clear and unrestricted right-of-way, as described, and any necessary easements for cuts, fills and drainage. 01-493 AND, BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. Tvoe Chan¢ie to the Secondary System of State Hiahways: Addition Basis for Change: Addition, New subdivision street Statutory Reference: §33.1-229 Project: St. James Woods, Section F · Crawford Wood Place, State Route Number: 6057 From: Hardwood Dr., (Rt. 6051) To: Cul-de-sac, a distance of: 0,06 miles. Ri§ht-of-way record was flied on 1/19/1~9 with the Office Of Clerk To Circuit Court in Pb. 102; Pg. 85, with a width of 40 Ft, · Hardwood Court, State Route Number: 6064 From: Hardwood Dr,, (Rt. 6051) To: Cul-de-sac, a distance of: 0.07 miles, Right-of-way record was filed on 1/19/199~ with the Office Of Clerk To Circuit Court in Pb. 102; Pg. 85, with a width of 40 Ft. · Hardwood Place, State Route Number: 6059 From: Hardwood Dr., (Rt. 6051) To: Cul-de-sac, a distance of: 0,09 miles. Right-of-way recon:l was filed on 1/19/1999 with the Office Of Clerk To Circuit Court in Pb, 102; Pg. 85, with a width of 40 Ft. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. $,B,6, 8.B.6,a, SET DATE FOR PUBLIC HEARINGS TO CONSIDER THE LEASING QF SPACE QN COUNTY COMMUNICATIONS TOWERS On motion of Mr. McHale, seconded by Mr. Warren, the Board set the date of July 25, 2001 at 7:00 p.m. for a public hearing to consider the leasing of space on County communications towers. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. $,B,6,b, TO CONSIDER THE RESTRICTION OF THROUGH TRUCK TRAFFIC ON RIVERS BEND BOULEVARD On motion of Mr. McHale, seconded by Mr. Warren, the Board set the date of July 25, 2001 at 7:00 p.m. to consider the restriction of through truck traffic at Rivers Bend Boulevard between East Hundred Road and Kingston Avenue. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 01-494 8,B,6,c, TO CONSIDER VACATING A PORTION OF UNIMPROVED COUNTY RIGHT-OF-WAY KNOWN AS MORRISETT ROAD After brief discussion, on motion of Mr. McHale, seconded by Mr. Warren, the Board set the date of July 25, 2001 at 7:00 p.m. to consider vacating a portion of unimproved County right- of-way known as Morrisett Road. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 8 .B.7. APPROVAL OF SEWER CONTRACT FOR BAYHILL POINTE TRUNK SEWER PHASE 4 On motion of Mr. McHale, seconded by Mr. Warren, the Board approved the following sewer contract for Bayhill Pointe Trunk Sewer Phase 4 - Contract Number 99-0097, which includes 3,363 L.F. ~ of 21-inch and 204 L.F. ± of 18-inch oversized sewer lines of which 3,000 L.F. is refundable as an offsite extension: Developer: Bayhill Development Corporation Contractor: R.M.C. Contractors, Incorporated Contract Amount: Estimated County Cost for Oversizing ...... Estimated County Cost for Offsite ......... Estimated Developer Cost .................. Estimated Total ........................... Code: (Cash Refund - Oversizing) (Refunds thru Connections - Offsite) District: Matoaca $80,731.15 $54,354.00 $79,698.85 $214,784.00 5N-572VO-E4C 5N-572VO-E4D (It is noted a copy of the vicinity sketch is filed with the papers of this Board.) Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 8.B.8. APPROVAL OF UTILITY CONTRACTS 8.B.8.a. FOR STONEY GLEN SOUTH SECTION On motion of Mr. McHale, seconded by Mr. Warren, the Board approved the following utility contract for Stoney Glen South Section 1 - Contract Number 00-0390, which includes 685 L.F. ± of 16-inch oversized water lines: Developer: The Reed's Landing Corporation Contractor: R.M.C. Contractors, Incorporated Contract Amount: Estimated County Cost for Oversizing ...... $22,015.00 Estimated Developer Cost .................. $189,286.00 Estimated Total ........................... $211,301.00 Code: (Refund thru Connections - Oversizing) 5B-572VO-E4C District: Bermuda (It is noted a copy of the vicinity sketch is filed with the papers of this Board.) Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 01-495 8.B. 8.b, FOR QUEEN' S GRANT AT RIVERDOWNS On motion of Mr. McHale, seconded by Mr. Warren, the Board approved the following utility contract for Queen's Grant at Riverdowns - Contract Number 00-0200, which includes 168 L.F. ± of 12-inch offsite water lines: Developer: Riverdowns, LC Contractor: Excalibur Construction Corporation Contract Amount: Estimated County Cost for Offsite .......... Estimated Developer Cost ................... Estimated Total ............................ Code: (Refunds thru Connections - Offsite) District: Midlothian $3,164.00 $323,405.90 $326,569.90 5B-572VO-E4D (It is noted a copy of the vicinity sketch is filed with the papers of this Board.) Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 8,B,10, APPRQVAL OF LEASE OF PROPERTY FOR COMMUNITY CORRECTIONS SERVICES On motion of Mr. McHale, seconded by Mr. Warren, the Board approved a lease with Krause Road Properties, L.L.C. for 6,088 square feet of office space at 10111 Krause Road for Community Corrections Services, and authorized the County Administrator to execute the lease agreement, subject to approval by the County Attorney. (It is noted a copy of the vicinity sketch is filed with the papers of this Board.) Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 8.B.11. REOUESTS FOR PERMISSION $.B,11,a, FROM JACOB LUTZ, III TO PROVIDE WASTEWATER SERVICE TO 3941 REEDS LANDING CIRCLE UTILIZING A PRIVATE PUMP STATION AND FORCE MAIN On motion of Mr. McHale, seconded by Mr. Warren, the Board approved a request from Jacob Lutz, III to provide wastewater service to 3941 Reeds Landing Circle utilizing a private pump station and force main. (It is noted a copy of the vicinity sketch is filed with the papers of this Board.) Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 8,B.11,b, FROM HARQLD E, GREER, JR, AND LAURA B, GREER FOR A FENCE TO ENCROACH WITHIN A SIXTEEN FQOT EASEMENT ACROSS LOT 9, BLOCK B, BR00KWOOD ESTATES, SECTION On motion of Mr. McHale, seconded by Mr. Warren, the Board approved a request from Harold E. Greer, Jr. and Laura B. Greer for a fence to encroach within a sixteen foot easement across Lot 9, Block B, Brookwood Estates, Section 2. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 01-496 FROM JAMES V. BELMAR AND MONICA H. BELMAR TO MAINTAIN COUNTY PROPERTY AT CRENSHAW ELEMENTARY SCHOOL On motion of Mr. McHale, seconded by Mr. Warren, the Board approved a request from James V. Belmar and Monica H. Belmar to maintain County property at Crenshaw Elementary School, subject to the execution of a license agreement. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 8 .B.11.d. FROM ALICE G. MILLER TO INSTALL A PRIVATE SEWER SERVICE WITHIN A PRIVATE EASEMENT AND A PRIVATE WATER SERVICE TO SERVE PROPERTY ON RAILROAD AVENUE On motion of Mr. McHale, seconded by Mr. Warren, the Board approved a request from Alice G. Miller to install a private sewer service within a private easement and a private water service to serve property at 1321 Railroad Avenue, and authorized the County Administrator to execute the sewer and water connection agreement. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 8.B.11.e. FROM ALEXANDER C. STUART AND SAMUEL D. STUART TO INSTALL A PRIVATE WATER SERVICE WITHIN A PRIVATE EASEMENT TO SERVE PROPERTY ON JAHNKE ROAD On motion of Mr. McHale, seconded by Mr. Warren, the Board approved a request from Alexander C. Stuart and Samuel D. Stuart to install a private water service within a private easement to serve property at 7618 Jahnke Road. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 8.B.11.f. FROM STONEHENGE/WOOD ASSOCIATES, L.C. TO VACATE PORTIONS OF FARNHAM DRIVE WITWIN STONEHENGE, SECTION F On motion of Mr. McHale, seconded by Mr. Warren, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute an agreement and deed of vacation to vacate portions of Farnham Drive within Stonehenge, Section F. (It is noted copies of the plats are filed with the papers of this Board.) Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. FROM ROSLYN FARM CORPORATION TO VACATE AND REDEDICATE STORM WATER MANAGEMmNT/BEST MANAGEMENT PRACTICE EASEMENTS IN RUFFIN MILL INDUSTRIAL PAR~ On motion of Mr. McHale, seconded by Mr. Warren, the Board authorized the Chairman of the Board of Supervisors and the 01-497 County Administrator to execute an agreement to vacate and rededicate SWM/BMP easements in Ruffin Mill Industrial Park. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. FROM GRAND MANOR HOMEOWNERS ASSOCIATION, INCORPORATED FOR A PROPOSED SIGN TO ENCROACM WITHIN A VARIABLE WIDTH DRAINAGE AND SEWE~ EASEMENT On motion of Mr. McHale, seconded by Mr. Warren, the Board approved a request from Grand Manor Homeowners Association, Incorporated for permission for a proposed sign to encroach within a variable width drainage and sewer easement, subject to plan approval by the Utilities Department and Environmental Engineering and the execution of a license agreement. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 8.B.12. REQUESTS TO QUITCLAIM 8.B.12 .a. A SIXTEEN FOOT EASEMENT ACROSS THE PROPERTY OF LINWOOD ELTON BOTTOMS AND MARIAN P, BOTTOMS On motion of Mr. McHale, seconded by Mr. Warren, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute a quitclaim deed to vacate a sixteen foot sewer easement across the property of Linwood Elton Bottoms and Marian P. Bottoms. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 8,B.12,b, A PORTION OF A SIXTEEN FOOT SEWER EASEMENT AND PORTIONS OF Two TEN FOOT TEMPORARY CONSTRUCTION EASEMENTS ACROSS THE PROPERTY OF LINW00D ELTON BOTTOMS, JR. AND KEVIN M. BOTTOMS On motion of Mr. McHale, seconded by Mr. Warren, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute a quitclaim deed to vacate a portion of a sixteen foot sewer easement and portions of two ten foot temporary easements across the property of Linwood Elton Bottoms, Jr. and Kevin M. Bottoms. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 8,B,12.C. A SIXTEEN FOOT DRAINAGE EASEMENT ACROSS THE PROPERTY OF KAT~RMAN INVESTMENTS, INCORPORATED On motion of Mr. McHale, seconded by Mr. Warren, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute a quitclaim deed to vacate a 01-498 sixteen foot drainage easement across the property of Katherman Investments, Incorporated. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 8.B.13. APPROVAL OF FY2001 YE~ END ADJUSTMENTS On motion of Mr. McHale, seconded by Mr. Warren, the Board appropriated revenues and expenditures totaling a net increase of $478,844 for specific programs as well as authorized reallocations among General Fund departments and related funds as outlined in the papers of this Board. And, further, the Board appropriated revenues and expenditure totaling a net reduction of $235,274 and authorized other adjustments for specific programs and Non-General Fund departments as outlined in the papers of this Board. And, further, the Board authorized the County Administrator to reserve and re-appropriate into FY2002 unspent FY2001 appropriations, contingent upon positive results of operations within individual departments and Countywide, as determined by the County's financial audit as outlined in the papers of this Board. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 8.B.15. CONVEYANCE OF EASEMENT~ 8.B.15.a. TO VERIZON VIRGINIA INCORPORATED FOR EXI~TIN~ URDERGROUND LINES ON COUNTY PROPERTY LOCATED ON BEACH ROAD On motion of Mr. McHale, seconded by Mr. Warren, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute an easement agreement with Verizon Virginia Incorporated for existing underground lines on County property known as the Winterpock Fire Station, Number 19, located at 14010 Beach Road, subject to relocation at Verizon expense, if necessary, for improvements to Beach Road or installation of County utilities. (It is noted a copy of the vicinity sketch is filed with the papers of this Board.) Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 8.B.15.b. TO VIRGINIA ELECTRIC AND POWER COMPANY TO INSTALL UNDERGROUND POWER LINES TO THE HARROWGATE PAR~ On motion of Mr. McHale, seconded by Mr. Warren, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute an easement agreement with Virginia Electric and Power Company to install underground power lines to the Harrowgate Park tower site. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 01-499 8.B.15,¢. TO SOUTHSIDE ELECTRIC COOPERATIVE TO INSTAL?. OVERHEAD POWER LINES TO SERVE LOT 1, SKIPPERS RIDGE. HUGUENOT DISTRICT, POWHATAN COUNTY On motion of Mr. McHale, seconded by Mr. Warren, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute an easement agreement with Southside Electric Cooperative to install overhead power lines to serve Lot 1, Skippers Ridge, Huguenot District, Powhatan County. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 8.B.16, ACCEPTANCE OF PARCELS OF LAND 8.B.16.a, ALONG THE WEST RIGHT QF WAy LINE QF OLD HUNDRED ROAD FROM BOARD MISSIONS AND CHURCH RYTENSIQNS OF THE RICHMOND DISTRICT VIRGINIA CONFERENCE OF THE UNITED METHODIST CHURCH On motion of Mr. McHale, seconded by Mr. Warren, the Board accepted the conveyance of a parcel of land containing 0.788 acres along the west right of way line of Old Hundred Road (State Route 652) from Board Missions and Church Extensions of the Richmond District Virginia Conference of the United Methodist 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.) Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 8.B.16.b. SITUATED NORTH OF THE NORTH RIGHT OF WAY LINE OF HULL STREET ROAD AND WEST OF THE WEST RIGHT OF WAY LINE OF GREGORY POND ROAD FROM AMBERLEIGH, L,L,C, On motion of Mr. McHale, seconded by Mr. Warren, the Board accepted the conveyance of a parcel of land containing 2.855 acres from Amberleigh, L.L.C., and authorized the County Administrator to execute the necessary deed, subject to the posting of a commercial surety bond or bank letter of credit to ensure construction of the proposed road improvements to Virginia Department of Transportation standards for acceptance into the State Maintenance System. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. ~.B.16,¢. ALONG THE EAST RIGHT OF WAY LINE OF HARROWGATE ROAD FROM BARNEY AND MARTHA M. MCLAUGHLIN On motion of Mr. McHale, seconded by Mr. Warren, the Board accepted the conveyance of two parcels of land containing a total of 0.199 acres along the east right of way line of Harrowgate Road (State Route 144) from Barney and Martha M. McLaughlin, and authorized the County Administrator to execute the necessary deed. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 01-500 8,B,16,d, ALQNG THE SOUTH RIGHT OF WAY LINE OF ROBIOUS RQAD FROM HUGUENOT VILLAGE ACOUiSITION COMPANY, L.L.C. On motion of Mr. McHale, seconded by Mr. Warren, the Board accepted the conveyance of a parcel of land containing 0.127 acres along the south right of way line of Robious Road from Huguenot Village Acquisition Company, L.L.C., and authorized the County Administrator to execute the necessary deed. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. $,B,16,e, ALONG THE NORTH RIGHT OF WAY LINE OF HULL STREET ROAD FROM LINWOOD ELTON BOTTOMS AND MARIAN P. BOTTOMS On motion of Mr. McHale, seconded by Mr. Warren, the Board accepted the conveyance of a parcel of land containing 0.007 acres along the north right of way line of Hull Street Road (State Route 360) from Linwood Elton Bottoms and Marian P. Bottoms, and authorized the County Administrator to execute the deed. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 8.B.16.f. ALONG THE NORTH RIGHT OF WAY LINE OF BIG OAK LAN~ FROM GRAY LAND AND DEVELOPMENT COMPANY, LLC On motion of Mr. McHale, seconded by Mr. Warren, the Board accepted the conveyance of two parcels of land containing a total of 0.104 acres along the north right of way line of Big Oak Lane (State Route 815) from Gray Land and Development Company, LLC, and authorized the County Administrator to execute the necessary deed. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 8.B.16.g. SITUATED ON THE NORTH RIGHT OF WAY LINE OF HUL?. STREET ROAD FROM LINWOOD ELTON BOTTOMS, JR. AND_ KEVIN M. BOTTOMS On motion of Mr. McHale, seconded by Mr. Warren, the Board accepted the conveyance of two parcels of land containing a total of 0.971 acres from Linwood Elton Bottoms, Jr. and Kevin M. Bottoms, and authorized the County Administrator to execute the necessary deed, subject to the posting of a commercial surety bond or bank letter of credit to ensure construction of the proposed road improvements to Virginia Department of Transportation standards for acceptance into the State Maintenance System. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 01-501 AWARD OF CONTRACT TO G,P,D, TELECOM INCORPORATED TO INSTALL A "TURNKEY" IN-BUILDING COVERAGE SYSTEM IN JAMES RIVER HIGH SCHOOL AND MANCHESTER HIGH SCHOOL On motion of Mr. McHale, seconded by Mr. Warren, the Board authorized the County Administrator to execute a contract with G.P.D. Telecom Incorporated in an amount not to exceed $119,272 to provide in-building coverage for James River High School and Manchester High School. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 8.B.18, APPROVAL OF AMeNDMeNTS TO POLICY FOR AUTHORIZIN~ ¢"~ANGE ORDERS TO COUNTY CONTRACTS On motion of Mr. McHale, seconded by Mr. Warren, the Board approved amendments to the County policy for authorizing change orders to County contracts. (It is noted a copy of the amendments are filed with the papers of this Board.) Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 8.B.19, TRANSFER OF DISTRICT iMPROVEMENT FUNDS FROM TNE MATOACA DISTRICT IMPROVEMENT FUND TO THE PARKS AND RECREATION DEPARTMENT FOR A FLAGPOLE AT MATOACA pARK On motion of Mr. McHale, seconded by Mr. Warren, the Board transferred $883 from the Matoaca District Improvement Fund to the Parks and Recreation Department for a flagpole at Matoaca Park. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 8.B.20. CANCELLATION QF PUBLIC HEARING TO CONSIDER THE LEASING OF SPACE IN THE HENRICUS VISITORS CENTER On motion of Mr. McHale, seconded by Mr. Warren, the Board canceled the June 20, 2001 public hearing to consider the leasing of space in the Henricus Visitors Center, and set the date of July 25, 2001 at 7:00 p.m. for a public hearing to consider the same issue. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. The following items were removed from the Consent Agenda for public comment: 8,B,$, INITIATION OF AN APPLICATION FOR A CONDITIONAL USE pLANNED DEVELOPMENT TO PERMIT AN iNDOOR/OUTDOOR RECREATIONAL FACILITY Mr. George Beadles requested that the Board consider a policy whereby payment for zoning applications initiated by the County be provided through District Improvement Funds and list the property owner as applicant rather than the Board of Supervisors. 01-502 No one else came forward to speak to the issue. On motion of Mrs. Humphrey, seconded by Mr. McHale, the Board initiated an application on behalf of The Boy Scouts of America for a conditional use to permit an indoor/outdoor recreational facility and a conditional use planned development to permit exceptions to zoning ordinance requirements on Tax ID 746-616- 5488, 746-619-5970 and 749-621-3742, and appointed Mr. Kirk Turner, Development Manager, as the Board's agent for the application. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 8.B.9. ADOPTION OF MAXIMUM CASH PROFFER PER LOT FOR FISCAL YEAR 2002 Mr. George Beadles stated that he feels the maximum cash proffer per lot should be increased. No one else came forward to speak to the issue. Mrs. Humphrey expressed concerns relative to the distribution of the cash proffer fee. Ms. Dickson stated that, of the $7,800 maximum cash proffer per lot, approximately $3,600 is set aside for schools, approximately $2,900 for roads, and the remainder will be divided among parks, libraries and fire stations. Mrs. Humphrey expressed concerns relative to the possibility of changing the maximum cash proffer after review of the new land use plan. When asked, Mr. Micas stated that the Board can change the maximum cash proffer amount at any time. Ms. Dickson stated that the $7,800 recommendation is based on existing methodology that has been applied since 1990. She further stated that a different methodology for determining the maximum cash proffer amount would probably be required with the adoption of a new land use plan. Discussion, questions and comments ensued relative to legal challenges of cash proffers and changes in the methodology for determining the maximum cash proffer. Mrs. Humphrey requested that the Board hold a work session to discuss the methodology for determining cash proffers. On motion of Mrs. Humphrey, seconded by Mr. Warren, the Board set the maximum cash proffer amount per lot for FY2002 at $7,800. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 8.B.14. APPROVAL OF FY2002 PRIORITY LiST OF PRIMARY AND INTERSTATE NEEDS Mr. George Beadles expressed concerns relative to traffic congestion on both Powhite Parkway and Route 360 and stated that he feels the Powhite Parkway Extended Project should be higher on the priority list. He suggested that the Board consider the Powhite Parkway Extended project as a toll facility. 01-503 No one else came forward to speak to the issue. Mr. Barber stated that he had suggested that a Route 60/Chippenham Parkway Access Project be added to the Priority List and Mrs. Humphrey had suggested that the Southeast High Speed Rail Service be added to the list. Mrs. Humphrey expressed concerns relative to the traffic congestion on Route 360 and the priority of the Powhite Parkway Extended Project. Mr. Warren expressed concerns relative to increased traffic on Route 360 as Magnolia Green develops and requested that Mr. McCracken present the Board with a concept for moving the Powhite Parkway Extension up on the priority list. On motion of Mrs. Humphrey, seconded by Mrs. Humphrey, the Board approved the recommended priority list of highway projects, including the Route 60/Chippenham Parkway Extended Project and the Southeast High Speed Rail Service; authorized the Vice-Chairman of the Board of Supervisors to present the priority list and statement regarding Chesterfield,s primary and interstate road construction needs at the Commonwealth Transportation Board's public meeting; and authorized staff to forward the priority list and statement to the County's Legislative Delegation. (It is noted a copy of the priority list of highway projects and statement are filed with the papers of this Board.) Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 9, HEARINGS OF CITIZENS ON UNSCHEDULED MATTERS OR CLAIMS There were no hearings of citizens on unscheduled matters or claims at this time. 10. REPORTS On motion of Mr. McHale, seconded by Mr. Warren, the Board accepted the following reports: A report on Developer Water and Sewer Contracts and a status report on the General Fund Balance, Reserve for Future Capital Projects, District Improvement Funds and Lease Purchases. And, further, the Board accepted the following roads into the State Secondary System: ADDITION LENGTH BIGGIN POND. SECTION 1 @ THE GROVE (Effective 6/7/01) Biggin Pond Lane (Route 5481) - From Biggin Pond Mews (Route 5482) to Biggin Pond Mews (Route 5482) 0.02 Mi Biggin Pond Lane (Route 5481) - From Biggin Pond Road (Route 5480) to 0.04 Mile West of Biggin Pond Road (Route 5480) 0.04 Mi Biggin Pond Lane (Route 5481) - From Biggin Pond Mews (Route 5482) to Biggin Pond Road (Route 5480) 0.10 Mile East of Biggin Pond Road 0.04 Mi Biggin Pond Lane (Route 5481) - From Biggin 01-504 Pond Road (Route 5480) to Biggin Pond Mews (Route 5482) Biggin Pond Mews (Route 5482) - From Bi,gin Pond Lane (Route 5481) to Bigbin Pond Lane (Route 5481) Biggin Pond Place (Route 5483) - From Bi,gin Pond Lane (Route 5481) to Biggin Pond Lane (Route 5481) Bi,gin Pond Road (Route 5480) - From Grove Hill Road (Route 5471) 0.35 Mile East of Coalfield Road (Route 754) to Bi,gin Pond Lane (Route 5481) Biggin Pond Road (Route 5480) - From Grove Hill Road (Route 5471) 0.24 Mile East of Coalfield Road (Route 754) to Biggin Pond Lane (Route 5481) Bi,gin Pond Road (Route 5480) - From Biggin Pond Lane (Route 5481) to 0.10 Mile North of Grove Hill Road (Route 5471) Biggin Pond Road (Route 5480) - From Bigbin Pond Lane (Route 5481) to 0.17 Mile North of Grove Hill Road (Route 5471) BIGGIN POND. SECTION 2 @ THE GROVE (Effective 6/8/01) Bi,gin Pond Court (Route 5484) - From Bigbin Pond Road (Route 5480) .19 Mile North of Grove Hill Road (Route 5471) to Bi,gin Pond Road (Route 5480) .22 Mile North of Grove Hill Road (Route 5471) Biggin Pond Road (Route 5480) - From Existing Biggin Pond Road (Route 5480) .17 Mile North of Grove Hill Road to Biggin Pond Court (Route 5484) Bigbin Pond Road (Route 5480) - From Bi,gin Pond Court (Route 5484) to Biggin Pond Road (Route 5480) .10 Mile North of Grove Hill Road (Route 5471) Biggin Pond Road (Route 5480) - From Bi,gin Pond Court (Route 5484) to Biggin Pond Court (Route 5484) BRANDY OAKS. SECTION 5 Brandy Oaks Boulevard (Route 5369) - From Beach Road (Route 655) to Willowcrest Lane (Route 5370) Brandy Oaks Boulevard (Route 5369) - From Willowcrest Lane (Route 5370) to 0.78 Mile North of Beach Road (Route 655) Willowcrest Court (Route 5371) - From Willowcrest Lane (Route 5370) to Cul-de-sac Willowcrest Lane (Route 5370) - From Willowcrest Court (Route 5371) to Cul-de-sac Willowcrest Lane (Route 5370) - From Brandy Oaks Boulevard (Route 5369) to Willowcrest Court (Route 5371) 0. O4 Mi 0.06 Mi 0.06 Mi O.O8 Mi 0.10 Mi 0.02 Mi 0.07 Mi 0.06 Mi 0.02 Mi 0.12 Mi 0.02 Mi 0.14 Mi 0.64 Mi 0.23 Mi 0.22 Mi 0.06 Mi 01-505 GRAVITY HILL, SECTION 1 ~ THE GROVE Goswick Lane (Route 5476) - From Goswick Ridge Road (Route 5475) to Gravity Hill Road (Route 5479) Goswick Ridge Road (Route 5475) - From Grove Hill Road (Route 5471) to Goswick Lane (Route 5476) Goswick Ridge Road (Route 5475) - From Gravity Hill Lane (Route 5477) to 0.17 Mile South of Grove Hill Road (Route 5471) Goswick Ridge Road (Route 5475) From Goswick Lane (Route 5476) to 0.13 Mile West of Goswick Lane (Route 5476) Goswick Ridge Road (Route 5475) - From Goswick Lane (Route 5476) to Gravity Hill Lane (Route 5477) Gravity Hill Lane (Route 5477) From Goswick Ridge Road (Route 5475) to Gravity Hill Trail (Route 5478) Gravity Hill Road (Route 5479) - From Grove Hill Road (Route 5471) to Goswick Lane (Route 5476) Gravity Hill Road (Route 5479) - From Goswick Lane (Route 5476) to Gravity Hill Trail (Route 5478) Gravity Hill Trail (Route 5478) - From Gravity Hill Lane (Route 5477) to 0.17 Mile South of Grove Hill Road (Route 5471) Gravity Hill Trail (Route 5478) - From Gravity Hill Road (Route 5479) to Gravity Hill Lane (Route 5477) SOMMERVILLE. SECTION 7 Michaux Glen Drive (Route 4275) - From Wylderose Court (Route 974) to Existing Michaux Glen Drive (Route 4275) 0.08 Mile West of Route 977 Wylderose Court (Route 974) - From Existing Wylderose Court (Route 974) 0.04 Mile North of Route 973 to Michaux Glen Drive (Route 4275) ADMINISTRATIVE CHANGE WEST KO,ER CENTER BOULEVARD Koger Center Boulevard (Route 849) - From Route 147 (Huguenot Road) to Mall Drive (Route 819) Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 0.09 Mi 0.05 Mi 0 02 Mi 0 13 Mi 0 10 Mi 0 O8 Mi 0 07 Mi 0 04 Mi 0 02 Mi 0 04 Mi 0.03 Mi 0.05 Mi 0.00 Mi Mrs. Humphrey expressed condolences to the families of Dr. Mary Kramer, Brandermill resident who contributed greatly to the County's Watershed Management Plan, and Mr. John Lillard, former County Airport Director and Board appointee to the Airport Advisory Board, who both passed away this week. 01-506 11. CLOSED SESSION PURSUANT TO SECTION 2.1-344A.7., CODE QF VIRGINIA, 1950, AS AMENDED, FOR CONSULTATION WIT~ LEGAL COUNSEL REGARDING SPECIFIC LEGAL MATTERS RELATING TQ INTERNET FILTERING IN COUNTY LIBRARIES AND PURSUANT TO SECTION 2.1-344A.3., FOR DISCUSSION OF THE ACOUISITION OF REAL PROPERTY FOR USE BY THE SCHOOL SYSTEM ~ECAUS~ PUBLIC DISCUSSION WOULD ADVERSELY AFFECT THE BARGAINING POSITION OF THE COUNTy Mr. McHale stated that he is employed by Dominion Resources and declared a conflict of interest under the Virginia Conflict of Interest Act regarding the real property acquisition issue only and excused himself from attending the Closed Session for discussion of the acquisition of real property for use by the School System because public discussion would adversely affect the bargaining position of the County. (It is noted that Mr. McHale did, however, attend the Closed Session for consultation with legal counsel regarding specific legal matters relating to Internet filtering in County Libraries.) On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board went into a Closed Session pursuant to Section 2.1-344A.7., Code of Virginia, 1950, as amended, for consultation with legal counsel regarding specific legal matters relating to Internet filtering in County libraries and pursuant to Section 2.1- 344A.3., for discussion of the acquisition of real property for use by the school system because public discussion would adversely affect the bargaining position of the County. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. Reconvening: The following resolution was adopted by the Board to certify the Closed Session for discussion of the acquisition of real property for use by the School System because public discussion would adversely affect the bargaining position of the County: WHEREAS, the Board of Supervisors has this day adjourned into Closed Session in accordance with a formal vote of the Board and in accordance with the provisions of the Virginia Freedom of Information Act; and WHEREAS, the Virginia Freedom of Information Act effective July 1, 1989 provides for certification that such Closed Session was conducted in conformity with law. NOW, THEREFORE BE IT RESOLVED, the Board of Supervisors does hereby certify that to the best of each member's knowledge, i) only public business matters lawfully exempted from open meeting requirements under the Freedom of Information Act were discussed in the Closed Session to which this certification applies, and ii) only such public business matters as were identified in the Motion by which the Closed Session was convened were heard, discussed, or considered by the Board. No member dissents from this certification. (It is noted no motion or second was made prior to voting, but the intention to have done so was affirmed at the July 25, 2001 meeting.) 01-507 The Board being polled, the vote was as follows: Mr. McHale: Not voting because of conflict of interest. Mr. Warren: Aye. Mr. Barber: Aye. Mr. Miller: Aye. Mrs. Humphrey: Aye. On motion of Mr. Miller, seconded by Mr. Warren, the Board recessed the Closed Session for consultation with legal counsel regarding specific legal matters relating to Internet filtering in County Libraries until the end of public comment during the public hearing to consider revising the current Library Internet Filtering Policy to require filtering of all computers. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nay: None. 12, DINNER On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board recessed to the Administration Building, Room 502, for dinner. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. Reconvening: 13. INVOCATION Reverend Martha Jenkins, Vicar of Saint Matthew's Episcopal Church, gave the invocation. 14, PLEDGE QF ALLEGIANCE TQ THE FLAG OF THE UNITED STATES OF AMERICA Eagle Scout Douglas Wyatt led the pledge of allegiance to the flag of the United States of America. 1~, RESOLUTIONS AND SPECIAL RECOGNITIONS 15 .A. RECOGNIZING BOY SCOUTS UPON ATTAINING THE RANK OF EAGLE SCOUT 15,A,1, DOUGLAS EVERITT WYATT, MIDLOTHIAN DISTRICT Mr. Hammer introduced Mr. Douglas Wyatt who was present to receive the resolution. On motion of the Board, the following resolution was adopted: WHEREAS, the Boy Scouts of America was incorporated by Mr. William D. Boyce on February 8, 1910, and was chartered by Congress in 1916; and WHEREAS, the Boy Scouts of America was founded to build character, provide citizenship training and promote physical fitness; and WHEREAS, after earning at least twenty-one merit badges in a wide variety of skills including leadership, service and 01-508 outdoor life, 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. Douglas Everitt Wyatt, Troop 800, sponsored by Bethel Baptist Church, has accomplished those high standards of commitment and has reached the long-sought goal of Eagle Scout, which is earned by only four percent of those individuals entering the Scouting movement; and WHEREAS, growing through his experiences in Scouting, learning the lessons of responsible citizenship, and endeavoring to prepare himself for a role as a leader in society, Doug has distinguished himself as 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. Douglas Everitt Wyatt on his attainment of Eagle Scout, and acknowledges the good fortune of the County to have such an outstanding young man as one of its citizens. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. Mrs. Humphrey presented the executed resolution and patch to Mr. Wyatt, accompanied by members of his family, congratulated him on his outstanding achievement, and wished him well in his future endeavors. Mr. Wyatt expressed appreciation to his scoutmaster and parents for their support. 15.A.2. JO~l~ ROTHER C~ARL~T, MIDLOTHIANDISTRICT 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 was chartered by Congress in 1916; and WHEREAS, the Boy Scouts of America was founded to build character, provide citizenship training and promote physical fitness; and WHEREAS, after earning at least twenty-one merit badges in a wide variety of skills including leadership, service and outdoor life, 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 Rother Charlet, Troop 800, sponsored by Bethel Baptist Church, has accomplished those high standards of commitment and has reached the long-sought goal of Eagle Scout, which is earned by only four percent of those individuals entering the Scouting movement; and WHEREAS, growing through his experiences in Scouting, learning the lessons of responsible citizenship, and endeavoring to prepare himself for a role as a leader in society, John has distinguished himself as a member of a new generation of prepared young citizens of whom we can all be very proud. 01-509 NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors hereby extends its congratulations to Mr. John Rother Charlet on his attainment of Eagle Scout, and acknowledges the good fortune of the County to have such an outstanding young man as one of its citizens. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. (It is noted Mr. Charlet was unable to attend the meeting and the resolution will be forwarded to him.) 15.A.3. KYLE PATRICK BRENGEL, MIDLQTHIAN DISTRICT On motion of the Board, the following resolution was adopted: WHEREAS, the Boy Scouts of America was incorporated by Mr. William D. Boyce on February 8, 1910, and was chartered by Congress in 1916; and WHEREAS, the Boy Scouts of America was founded to build character, provide citizenship training and promote physical fitness; and WHEREAS, after earning at least twenty-one merit badges in a wide variety of skills including leadership, service and outdoor life, 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. Kyle Patrick Brengel, Troop 829, sponsored by Saint Matthias' Episcopal Church, has accomplished those high standards of commitment and has reached the long-sought goal of Eagle Scout, which is earned by only four percent of those individuals entering the Scouting movement; and WHEREAS, growing through his experiences in Scouting, learning the lessons of responsible citizenship, and endeavoring to prepare himself for a role as a leader in society, Kyle has distinguished himself as 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. Kyle Patrick Brengel on his attainment of Eagle Scout, and acknowledges the good fortune of the County to have such an outstanding young man as one of its citizens. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. (It is noted Mr. Brengel was unable to attend the meeting and the resolution was accepted by his brother Todd Brengel.) Mr. Todd Brengel expressed appreciation, on behalf of his brother, to his parents, church and God for their support. 15,A,4. ADAM KIT WILLIS, MATOACA DISTRICT Mr. Hammer introduced Mr. Adam Willis who was present to receive the resolution. On motion of the Board, the following resolution was adopted: WHEREAS, the Boy Scouts of America was incorporated by Mr. 01-510 William D. Boyce on February 8, 1910, and was chartered by Congress in 1916; and WHEREAS, the Boy Scouts of America was founded to build character, provide citizenship training and promote physical fitness; and WHEREAS, after earning at least twenty-one merit badges in a wide variety of skills including leadership, service and outdoor life, 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. Adam Kit Willis, 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 earned by only four percent of those individuals entering the Scouting movement; and WHEREAS, growing through his experiences in Scouting, learning the lessons of responsible citizenship, and endeavoring to prepare himself for a role as a leader in society, Kit has distinguished himself as 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. Adam Kit Willis on his attainment of Eagle Scout, and acknowledges the good fortune of the County to have such an outstanding young man as one of its citizens. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. Mrs. Humphrey presented the executed resolution and patch to Mr. Willis, accompanied by members of his family, congratulated him on his outstanding achievement, and wished him well in his future endeavors. Mr. Willis expressed appreciation to his scoutmasters, parents and God for their support. 15.B. RECOGNIZING GIRL SCOUTS UPON ATTAINING THE GOLD AWAI~n 15.B.1. ANNA LOUISE DIGRAZiA. MIDLOTHiAN DISTRICT Mr. Hammer introduced Miss Anna DiGrazia who was present to receive the resolution. On motion of the Board, the following resolution was adopted: WHEREAS, the Girl Scouts of the United States of America is an organization serving over 2.6 million girls and was founded to promote citizenship training and personal development; and WHEREAS, after earning four interest project patches, the Career Exploration Pin, the Senior Girl Scout Leadership Award, the Senior Girl Scout Challenge, and designing and implementing a Girl Scout Gold Award project; and WHEREAS, the Gold Award is the highest achievement award in Girl Scouting and symbolizes outstanding accomplishments in 01-511 the areas of leadership, community service, career planning, and personal development; and WHEREAS, the Girl Scout Award can only be earned by girls aged 14-17 or in grades 9-12 and is received by less than six percent of those individuals entering the Girl Scouting movement; and WHEREAS, Miss Anna Louise DiGrazia, Troop 684, has accomplished these high standards and has been honored with the Girl Scouts of America Gold Award by the Commonwealth Girl Scout Council of Virginia; and WHEREAS, growing through her experiences in Girl Scouting, learning the lessons of responsible citizenship, and priding herself on the great accomplishments of her Country, Anna 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 Miss Anna Louise DiGrazia on her attainment of the Gold Award and acknowledges the good fortune of the County to have such an outstanding young woman as one of its citizens. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. Mrs. Humphrey presented the executed resolution and patch to Miss DiGrazia, accompanied by members of her family, congratulated her on her outstanding achievement, and wished her well in her future endeavors. Miss DiGrazia expressed appreciation to her troop leader and the volunteers who helped with her Gold Award project. 15.B.2. CATHERINE H~IENNEKENS, MIDLOTHIAN DISTRICT Mr. Hammer introduced Ms. Catherine Huennekens who was present to receive the resolution. On motion of the Board, the following resolution was adopted: WHEREAS, the Girl Scouts of the United States of America is an organization serving over 2.6 million girls and was founded to promote citizenship training and personal development; and WHEREAS, after earning four interest project patches, the Career Exploration Pin, the Senior Girl Scout Leadership Award, the Senior Girl Scout Challenge, and designing and implementing a Girl Scout Gold Award project; and WHEREAS, the Gold Award is the highest achievement award in Girl Scouting and symbolizes outstanding accomplishments in the areas of leadership, community service, career planning, and personal development; and WHEREAS, the Girl Scout Award can only be earned by girls aged 14-17 or in grades 9-12 and is received by less than six percent of those individuals entering the Girl Scouting movement; and WHEREAS, Miss Catherine Kroeger Huennekens, Troop 684, has accomplished these high standards and has been honored with the 01-512 Girl Scouts of America Gold Award by the Commonwealth Girl Scout Council of Virginia; and WHEREAS, growing through her experiences in Girl Scouting, learning the lessons of responsible citizenship, and priding herself on the great accomplishments of her Country, Catie 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 Miss Catherine Kroeger Huennekens on her attainment of the Gold Award and acknowledges the good fortune of the County to have such an outstanding young woman as one of its citizens. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. Mrs. Humphrey presented the executed resolution and patch to Miss Huennekens, accompanied by members of her family, congratulated her on her outstanding achievement, and wished her well in her future endeavors. Miss Huennekens expressed appreciation to the Board for the recognition and also to her troop leaders and parents for their support. 15.B.3. SALLY B. EYRE. MIDLOTHIAN DISTRICT Mr. Hammer introduced Miss Sally Eyre who was present to receive the resolution. On motion of the Board, the following resolution was adopted: WHEREAS, the Girl Scouts of the United States of America is an organization serving over 2.6 million girls and was founded to promote citizenship training and personal development; and WHEREAS, after earning four interest project patches, the Career Exploration Pin, the Senior Girl Scout Leadership Award, the Senior Girl Scout Challenge, and designing and implementing a Girl Scout Gold Award project; and WHEREAS, the Gold Award is the highest achievement award in Girl Scouting and symbolizes outstanding accomplishments in the areas of leadership, community service, career planning, and personal development; and WHEREAS, the Girl Scout Award can only be earned by girls aged 14-17 or in grades 9-12 and is received by less than six percent of those individuals entering the Girl Scouting movement; and WHEREAS, Miss Sally B. Eyre, Troop 684, has accomplished these high standards and has been honored with the Girl Scouts of America Gold Award by the Commonwealth Girl Scout Council of Virginia; and WHEREAS, growing through her experiences in Girl Scouting, learning the lessons of responsible citizenship, and priding herself on the great accomplishments of her Country, Sally is indeed a member of a new generation of prepared young citizens of whom we can all be very proud. 01-513 NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors hereby extends its congratulations to Miss Sally B. Eyre on her attainment of the Gold Award and acknowledges the good fortune of the County to have such an outstanding young woman as one of its citizens. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. Mrs. Humphrey presented the executed resolution and patch to Miss Eyre, accompanied by members of her family, congratulated her on her outstanding achievement, and wished her well in her future endeavors. Miss Eyre expressed appreciation to her parents and troop leader for their support. 15.B.4. AMY CHRISTINE AHLES, CLOVER HILL DISTRICT Mr. Hammer introduced Miss Amy Ahles who was present to receive the resolution. On motion of the Board, the following resolution was adopted: WHEREAS, the Girl Scouts of the United States of America is an organization serving over 2.6 million girls and was founded to promote citizenship training and personal development; and WHEREAS, after earning four interest project patches, the Career Exploration Pin, the Senior Girl Scout Leadership Award, the Senior Girl Scout Challenge, and designing and implementing a Girl Scout Gold Award project; and WHEREAS, the Gold Award is the highest achievement award in Girl Scouting and symbolizes outstanding accomplishments in the areas of leadership, community service, career planning, and personal development; and WHEREAS, the Girl Scout Award can only be earned by girls aged 14-17 or in grades 9-12 and is received by less than six percent of those individuals entering the Girl Scouting movement; and WHEREAS, Miss Amy Christine Ahles, Troop 75, has accomplished these high standards and has been honored with the Girl Scouts of America Gold Award by the Commonwealth Girl Scout Council of Virginia; and WHEREAS, growing through her experiences in Girl Scouting, learning the lessons of responsible citizenship, and priding herself on the great accomplishments of her Country, Amy 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 Miss Amy Christine Ahles on her attainment of the Gold Award and acknowledges the good fortune of the County to have such an outstanding young woman as one of its citizens. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 01-514 Mrs. Humphrey presented the executed resolution and patch to Miss Ahles, accompanied by members of her family, congratulated her on her outstanding achievement, and wished her well in her future endeavors. Miss Ahles expressed appreciation to members of her troop and her parents for their support. 15.B.5. GRETCHEN ELYSE YOUNG. DALE DISTRICT Mr. Hammer introduced Miss Gretchen Young who was present to receive the resolution. On motion of the Board, the following resolution was adopted: WHEREAS, the Girl Scouts of the United States of America is an organization serving over 2.6 million girls and was founded to promote citizenship training and personal development; and WHEREAS, after earning four interest project patches, the Career Exploration Pin, the Senior Girl Scout Leadership Award, the Senior Girl Scout Challenge, and designing and implementing a Girl Scout Gold Award project; and WHEREAS, the Gold Award is the highest achievement award in Girl Scouting and symbolizes outstanding accomplishments in the areas of leadership, community service, career planning, and personal development; and WHEREAS, the Girl Scout Award can only be earned by girls aged 14-17 or in grades 9-12 and is received by less than six percent of those individuals entering the Girl Scouting movement; and WHEREAS, Miss Gretchen Elyse Young, Troop 75, has accomplished these high standards and has been honored with the Girl Scouts of America Gold Award by the Commonwealth Girl Scout Council of Virginia; and WHEREAS, growing through her experiences in Girl Scouting, learning the lessons of responsible citizenship, and priding herself on the great accomplishments of her Country, Gretchen 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 Miss Gretchen Elyse Young on her attainment of the Gold Award and acknowledges the good fortune of the County to have such an outstanding young woman as one of its citizens. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. Mrs. Humphrey presented the executed resolution and patch to Miss Young, accompanied by members of her family, congratulated her on her outstanding achievement, and wished her well in her future endeavors. Miss Young expressed appreciation to her mother for her support. 01-515 16. REOUEST$ FOR MOBILE HQME PERMITS AND REZONING PLAC~n ON THE ¢0NSENT AGENDA TO BE HEARD IN ~ FOLLOWING ORDER: - WITHDRAWALS/DEFERRALS - CASES WHERE THE APPLICANT ACCEPTS THE RECOM~RNDATIQNAND THERE IS NO OPPOSITI0~? - CASES WHERE THE APPLICANT DQES NOT ACCEPT T~ RECOMMENDATIQN AND/OR THERE IS PUBLIC OPPOSITION WILT, BE HEARD AT SECTION 18 AND 01PD0171 In Midlothian Magisterial District, SPRINT PCS requested Conditional Use Planned Development and amendment of zoning district map and appealed the Planning Commission,s Substantial Accord Determination to permit a communications tower with height exception in a Residential (R-40) District. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for residential use of 1.51 to 4.0 units per acre. This request lies on 1.8 acres fronting approximately ninety-five (95) feet on the south line of Robious Road, across from Polo Parkway. Tax ID 738-714-Part of 6361 (Sheet 2). Ms. Rogers stated that the applicant has requested a deferral until July 25, 2001. Ms. Lisa Murphy, representing the applicant, deferral to July 25, 2001. requested a Mr. Jim Joyner questioned the reason for the deferral request. Ms. Murphy stated that the deferral is being requested to allow the applicant to work with the County in an attempt to find a viable alternative if one exists. There being no one else to speak to the deferral, the public hearing was closed. After brief discussion, on motion of Mr. Barber, seconded by Mr. McHale, the Board deferred Cases 01SN0163 and 01PD0171 until July 25, 2001. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 01SR0247 In Bermuda Magisterial District, DONALD L. BENTON, JR. AND THOMAS L. GORDON requested renewal of Mobile Home Permit 89SR0171 to park a mobile home in a Residential (R-7) District. The density of this proposal is approximately 2.5 units per acre. The Comprehensive Plan suggests the property is appropriate for residential use of 2.51 - 4.0 units per acre. This property is known as 2700 Drewrys Bluff Road. Tax ID 789- 680-7058 (Sheet 18). Ms. Rogers presented a summary of 01SR0247 and stated that staff recommends approval for five years subject to the standard conditions except those that are related to the occupancy of the mobile home and the prohibition relative to permanent additions to the mobile home. She further stated that the applicant, Mr. Thomas Gordon, is the trustee of an estate for a minor child, Brandon Baughan, who is cared for by 01-516 Donald L. Benton Jr., co-applicant. She stated staff is recommending approval for five years instead of seven because at the end of five years, Master Baughan will be 18 years old. Mr. Donald Benton, representing the applicant, stated that the recommendation is acceptable. No one came forward to speak to the request. On motion of Mr. McHale, seconded by Mr. Warren, the Board approved Case 01SR0247 for five (5) years, subject to the following conditions: The applicant shall be the owner and occupant of the mobile home. o No lot or parcel may be rented or leased for use as a mobile home site, nor shall any mobile home be used for rental property. Only one (1) mobile home shall be permitted to be parked on an individual lot or parcel. The minimum lot size, yard setbacks, required front yard, and other zoning requirements of the applicable zoning district shall be complied with, except that no mobile home shall be located closer than twenty (20) feet to any existing residence. No additional permanent-type living space may be added onto a mobile home. All mobile homes shall be skirted but shall not be placed on a permanent foundation. Where public (County) water and/Or sewer are available, they shall be used. Upon being granted a Mobile Home Permit, the applicant shall then obtain the necessary permits from the office of Building Inspections. This shall be done prior to the installation or relocation of the mobile home. o Any violation of the above conditions shall be grounds for revocation of the Mobile Home Permit. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 01SN0209 In Midlothian Magisterial District, DAVID P. DEMPSEY requested rezoning and amendment of zoning district map from Residential (R-40) to Residential (R-15). Residential use of up to 2.9 units per acre is permitted in a Residential (R-15) District. The Comprehensive Plan suggests the property is appropriate for residential use of 1.51 to 4.0 units per acre. This request lies on 1.0 acre and is known as 11100 Big Oak Lane. Tax ID 743-716-7799 (Sheet 2). Ms. Rogers presented a summary of Case 01SN0209 and stated that the Planning Commission and staff recommend approval and acceptance of the proffered conditions. Mr. David Dempsey stated that the recommendation is acceptable. Mr. Bill Borelli, adjacent property owner, stated that he supports the request. There being no one else to speak to the case, the public hearing was closed. 01-517 Mr. Barber questioned the average size, sales price, etcetera of the homes planned for the proposed development. Mr. Dempsey stated that a custom home community is planned with no imposed minimum or maximum house size, and indicated that he anticipates the home prices to be in the $300,000 range. On motion of Mr. Barber, seconded by Mr. Miller, the Board approved Case 01SN0209 and accepted the following proffered conditions: The applicant, subdivider, or assignee(s) shall pay the following to the County of Chesterfield prior to the issuance of a building permit for infrastructure improvements within the service district of the property: so $7,800 per dwelling unit, in the excess of one, if paid prior to July 1, 2001; or The amount approved by the Board of Supervisors not to exceed $7,800 per dwelling unit, in the excess of one, adjusted upward by an increase in the Marshall and Swift Building Cost Index between July 1, 2000 and July 1 of the fiscal year in which the payment is made if paid after June 30, 2001. C · In the event the cash payment is not used for the purpose for which proffered within 15 years of receipt, the cash shall be returned in full to the payor. (B&M) 2. Public water and wastewater systems shall be used. (U) Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 17. PUBLIC HEARINGS 17 .A. TO CQNSIDER THE APPROPRIATION OF COLONIAL ~IGHTS FUNDS FOR THE EMERGENCY COMMUNICATIONS SYSTEM PROJECT Ms. Dickson stated that this date and time has been advertised for a public hearing to consider the appropriation of up to $1.8 million in funds received from Colonial Heights for the Emergency Communications System Project. No one came forward to speak to the issue. When asked, Mr. Robert Eanes, Assistant to the County Administrator, came forward and stated that the appropriation will enable the City of Colonial Heights to join the Chesterfield County 800 System which will be an integral part of the Capital Region System. Mrs. Humphrey stressed the importance of cooperative ventures. She stated that it would be less expensive for the County to provide sewer connections to neighborhoods such as Walthall and Ettrick through an agreement with the City of Colonial Heights, but noted that Colonial Heights has not been forthcoming in this effort. On motion of Mr. Warren, seconded by Mr. McHale, the Board appropriated up to $1.8 million in revenue received from the City of Colonial Heights for the Emergency Communications System Project. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 01-518 17 .B. TO CONSIDER REVISIONS TO THE FY2001 SCHOOL OPE~TING FUND Ms. Dickson stated that this date and time has been advertised for a public hearing to consider increased revenues and appropriations in the School Operating Fund by $752,355. No one came forward to speak to the issue. Mr. Miller requested a list of the schools that will receive $90,000 for playground equipment. After brief discussion, on motion of Mr. McHale, seconded by Mrs. Humphrey, the Board increased estimated revenues and appropriations in the School Operating Fund by $752,355. And, further, the Board approved the reserve of approximately $2,382,185 at year-end to be carried over and re-appropriated in FY2002. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 17 .C. TO CONSIDER FY2002 THROUGH FY2007 SECONDARY ROAD_ SIX-YEAR IMPROVEMENT PLAN= FY2002 SECONDARY ROAD IMPROVEMENT BUDGET: AND CHESTERFIELD ROAD FUND AND SURFACE TRANSPORTATION PROGRAM FUND PROJECT DEVELOPMENT SCHEDULES Mr. McCracken recognized Mr. Chris Winstead, Mr. Butch Sirry and Mr. Kerry Bates from the Virginia Department of Transportation (VDOT), who were present at the meeting. He stated that this date and time has been advertised for a public hearing to consider the FY2002 through FY2007 Secondary Road Six-Year Improvement Plan; FY2002 Secondary Road Improvement Budget; and Chesterfield Road Fund and Surface Transportation Program Fund Project Development Schedules. He further stated that Mrs. Humphrey has requested the addition of the Second Branch Culvert project and Mr. McHale has requested the addition of the Lake Ridge Drive project. He stated that, if the Board chooses to add the Lake Ridge Drive project, it will be necessary to designate funds from the General Road Improvement Account for the project. He further stated that Mrs. Humphrey had asked for the pave in place policy to be reconsidered by the Board, and indicated that staff recommended that the policy remain and not be amended by the Board. There was brief discussion relative to the County's cost of the Lake Ridge Drive project. Mr. Roger Medlock, a resident of Millside Subdivision, stated that he has requested for fourteen years that the Board provide funding for an additional access to Millside. He expressed concerns relative to the potential for a disaster to occur should the current access become blocked by a train. Mr. George Beadles expressed concerns relative to traffic congestion at the Courthouse Road/Route 360 intersection. He suggested that the four entrances to Courthouse Road between the stoplight at Rockwood Park and the one at Route 360 be closed; Old Courthouse Road be extended to the frontage road in front of Wings of Faith Pentecostal Church; and the traffic that currently comes out of the four entrances come out at the stoplight. Mr. Warren stated that Mr. Beadles made a good suggestion. 01-519 Mrs. Humphrey requested that Mr. McCracken explore the possibility of implementing Mr. Beadles' suggestion. Ms. Diana Parker expressed appreciation for the Board's efforts relative to the improvements scheduled for Chalkley Road. She expressed concerns relative to bikers who travel Beach Road to reach Pocahontas Park and requested that the Board fund a study relative to the addition of a bike lane from Route 10 down Beach Road to Pocahontas Park. Mrs. Humphrey stated that it is extremely restrictive for both the State and the County to make road improvements around Pocahontas Park. She referenced various roads in the area of the park in need of realignment and requested that Mr. McCracken explore options to make these road improvements possible. Mr. Larry Sanchez, a resident of Foxcroft, expressed concerns relative to overcrowding on Woolridge Road and Genito Road. When asked, Mr. McCracken stated that a turning lane is proposed for the Woolridge Road project which will help with traffic congestion in the area. There being no one else to speak to the issue, the public hearing was closed. On motion of Mr. Warren, seconded by Mr. McHale, the Board adopted the following resolution: WHEREAS, the Chesterfield County Board of Supervisors and the Virginia Department of Transportation (VDOT) have conducted a public hearing on the FY2002 through FY2007 Secondary Road Six Year Improvement Plan; and WHEREAS, the Board concurs with the proposed projects identified in the Plan. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors approves the FY2002 through FY2007 Six Year Secondary Road Improvement Plan as presented by VDOT. And, further, the Board adopted the following resolution: WHEREAS, the Virginia Department of Transportation (VDOT) has submitted its proposed FY2002 Secondary Road Improvement Budget to the County; and WHEREAS, the Budget represents the implementation of the first year of the FY2002 through FY2007 Six Year Improvement Plan adopted by the Board. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors approves the FY2002 Secondary Road Improvement Budget as presented by VDOT. And, further, the Board adopted the following resolution: WHEREAS, Section 33.1-75 of the Code of Virginia permits the Commonwealth Transportation Board to make an equivalent matching allocation to any county for designation by the governing body of up to 25% or $500,000, whichever is greater, of funds received by it during the current fiscal year pursuant to the "State and Local Fiscal Assistance Act of 1972" for use by the Commonwealth Transportation Board to construct, maintain, or improve primary and secondary highway systems within such County; 01-520 WHEREAS, the Chesterfield County Board of Supervisors appropriated $500,000 for the Chesterfield Road Fund with the adoption of the FY02 Appropriation Resolution; WHEREAS, the Virginia Department of Transportation (VDOT) has notified the County that $500,000 is the maximum amount of Chesterfield County funds that will be matched by the State during FY02. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors anticipates appropriating $500,000 to be matched by the State for the FY02 Chesterfield Road Fund (Revenue Sharing Program). AND, BE IT FURTHER RESOLVED, that the matched funds shall be allocated to the following projects: $599,830 Branders Bridge Road from Route 10 to South Happy Hill Road Preliminary Engineering, Right-of-Way, and Construction ($299,915 VDOT and $299,915 County) $400,170 Genito Road from Route 360 to Fox Chase Lane Preliminary Engineering, Right-of-Way, and Construction ($200,085 VDOT and $200,085 County) And, further, the Board designated the FY2002 Road Fund Projects Account as follows: $299,915 for the Branders Bridge Road Project and $200,085 for the Genito Road Project, after July 1, 2001. And, further, the Board approved the FY2002 through FY2007 Chesterfield Road Fund Project Development Schedule; the FY2002 through FY2007 Regional Surface Transportation Project Development Schedule, the Congestion Mitigation Air Quality Project Development Schedule, and the Project Acceleration Schedule. And, further, the Board appropriated road cash proffers for the Matoaca/Woodpecker, Hickory and Newbys Bridge projects in the amount of $332,000 and approved VDOT loans in the amount of $280,000 as outlined in the Project Acceleration Schedule. (Note: Old Buckingham is addressed in a separate public hearing.) And, further, the Board transferred from the General Road Improvement Account $55,000 to Hickory Road (Southlawn Avenue to Oldtown Creek project); $225,000 to the Newbys Bridge Road (Walmsley Boulevard to Falling Creek Project); and $25,000 to the Lake Ridge Drive rural additional project, after July 1, 2001. And, further, the Board authorized the County Administrator to enter into the customary Virginia Department of Transportation (VDOT)/County/consultant/contractor, design, right-of-way acquisition, and/or construction agreements, acceptable to the County Attorney, for the projects indicated in the Plan. And, further, the Board authorized the County Administrator to enter into a VDOT/County project loan agreement in the amount of $280,000 acceptable to the County Attorney, as outlined in the Project Acceleration Schedule. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. Mrs. Humphrey expressed appreciation to Mr. Chris Winstead, VDOT Resident Engineer, for his efforts in making repairs to Chesterfield County roads. 01-521 Mr. Warren also expressed appreciation for Mr. Winstead's efforts in ensuring that the County receives its fair share of State road funding, and requested that Mr. Winstead repair a pothole on Providence Road near Hicks Road. 17 .D. TO CONSIDER T~R APPRQPRIATION OF FUNDS FQR THE GENIT0 ROAD/WQOLRIDGE RQAD INTERSECTION PROJECT Mr. McCracken stated that this date and time has been advertised for a public hearing to consider the appropriation of funds for the Genito Road/Woolridge Road Intersection Project. No one came forward to speak to the issue. On motion of Mr. Warren, seconded by Mrs. Humphrey, the Board appropriated $700,000 in anticipated VDOT reimbursements for the Genito Road/Woolridge Road Intersection Project. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 17 .E. TO CONSIDER THE APPROPRIATION OF FUNDS FQR THE OLD BUCKINGHAM RQAD PROJECT Mr. McCracken stated that this date and time has been advertised for a public hearing to consider the appropriation of funds for the Old Buckingham Road Project. Mr. George Beadles stated that he feels road improvement projects should be built at maximum capacity or right of way be acquired for maximum capacity rather than bringing forward a road improvement plan for the same road every five to ten years. There being no one else to speak to the issue, the public hearing was closed. On motion of Mr. Barber, seconded by Mrs. Humphrey, the Board appropriated $621,000 in cash proffers ($133,000 - Shed 2, and $488,000 - Shed 3) to the Old Buckingham Road Project (Silver Creek Court to Olde Coalmine Road); transferred $60,000 from the General Road Improvement Account to the project for a VDOT loan; and authorized the County Administrator to enter into a VDOT/County project loan agreement in the amount of $60,000 acceptable to the County Attorney. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 17,F, TO CONSIDER AN QRDINANCE REDISTRICTING MAGISTERIAL DISTRICT BOUNDARIES AND ADJUSTING VOTING PRECINCT BOUNDARIES AND POLLING PLACES Mr. Stylian Parthemos, Senior Assistant County Attorney, stated that this date and time has been advertised for a public hearing to consider an ordinance relating to boundary lines for magisterial districts and voting precincts and relating to polling places. He further stated that community meetings were held on June 7 and June 13, 2001 to receive public comment relative to the proposed redistricting plan. He reviewed the current magisterial district boundaries and the current population of each district, and stated that the population in all five districts must be within plus or minus five percent of average population. He reviewed the nine areas proposed to 01-522 be moved from one district to another; the new population of each of the magisterial districts under the advertised plan; and the proposed boundaries of all County voting precincts. He stated that no voting precinct boundaries are proposed to be changed by the plan except to the extent that changes are required as a result of the movement of areas by the redistricting plan. He noted that staff is also requesting one additional change that was not part of the advertised ordinance -- moving the polling place for the Winterpock Precinct from Bethia United Methodist Church to Grange Hall Elementary School because of a request from the church. He further stated that after the plan is approved by the Board, it must be submitted to Justice Department for pre-clearance under the Voting Rights Act of 1965. He stated that staff anticipates the plan will be implemented prior to the November 2001 general election. Mr. Bob Olsen expressed concerns relative to unnecessarily moving citizens from one district to another and stated that he feels the plan should make as few changes and move as few citizens as possible. He also expressed concerns relative to protection of incumbents through the redistricting process. He stated that he submitted an alternative plan at both of the public meetings and the overwhelming majority of the people in attendance preferred his plan to the County's plan. He requested that the Board not approve the proposed plan or, at a minimum, defer consideration of the plan until better changes can be made. Ms. Diana Parker expressed concerns relative to moving citizens between the Dale and Bermuda Districts especially in the area of Pocahontas State Park and questioned the involvement of all supervisors in the redistricting process. Mr. McHale stated that the change recommended from staff relative to the Bermuda District makes perfect sense to him and he supports it. Mr. Harry Daniel stated that the process used in developing the proposed plan appears to be similar to those used in past redistrictings, including public involvement. He further stated that there is no such thing as a perfect redistricting plan, and indicated that he feels the proposed plan meets all the criteria set forth by the federal government, has an equal population distribution and involves minimum change. He requested that the Board approve the proposed redistricting plan. When asked, Mr. Daniel stated that there was much more controversy surrounding the 1991 redistricting plan than with the proposed plan. Mr. Wayne Ozmore stated that he agrees with moving Walthall into the Bermuda District and indicated his support for the proposed plan. Mr. Kevin Hoeft stated that he supports the proposed plan. Mr. Bill Hastings, a Matoaca District resident, expressed concerns relative to moving the eastern part of the Beach Precinct from Matoaca to the Dale District and indicated that he supports Mr. Bob Olsen's alternative plan. He stated that he feels citizens should reside in the District in which their children's schools are located to ensure proper representation. He requested that the Board defer consideration of the proposed plan and consider Mr. Olsen's alternative plan. Ms. Marlene Goodwyn, representing the Southern Christian Leadership Conference (SCLC), requested that the Board defer its vote to provide adequate time for the SCLC to study the plan and determine the impact, if any, on the minority community. 01-523 Reverend Lawrence Pollard, representing the National Association for Advancement of Colored People (NAACP), requested that the Board defer voting on the plan until the NAACP has had an opportunity to study it. He stated that he does not feel there has been enough citizen input and expressed concerns relative to the large number of people being represented by one person. Mr. Bob Herndon, a resident of Evergreen, stated that he attended the redistricting community meetings and the majority of the citizens present supported Mr. Olsen's plan rather than the County's proposed plan. He expressed concerns relative to protection of incumbents and the rationale for moving voters in and out of the Midlothian District. Ms. Marjorie Clark, a resident of Clover Hill District, expressed concerns relative to an uneven distribution of representation across the board for schools in the County School System. She stated that the proposed plan will create a tremendous load for the Supervisor and School Board member who have four middle schools in their district. She also expressed concerns relative to families being represented by one supervisor and the school which their children attend being represented by another. She requested that the Board defer the issue until the districts can be matched up with an equal distribution of schools. Mr. Ron Stack, a resident of Matoaca District, stated that he attended two community meetings and indicated that he feels the proposal is fair and equitable. He stated that he is not convinced that adding more representation would bring forth better government, and urged the Board to approve the proposal. Mr. Jack Wilson, a Bermuda District resident, commended the Board for its effort in developing the plan. He stated that he feels the proposal best serves the interests of the County and encouraged the Board to approve the plan. Dr. Tom VanAuken stated that he does not agree with Ms. Clark's remarks and indicated that he feels districts are supposed to represent communities rather than schools. There being no one else to speak to the issue, the public hearing was closed. Mr. Miller stated that a perfect redistricting plan is impossible. He further stated that he feels the proposed plan is legally defensible; represents an equitable distribution of the representation of the County; and serves the communities of interest, and indicated that he will support the plan as proposed. Mr. Barber expressed concerns relative to losing the Shenandoah Precinct to Clover Hill. He stated that he is excited to be receiving two new precincts -- one from Clover Hill and one from Dale. He expressed concerns relative to the workload issues for certain School Board and Planning Commission representatives, and stated that he is willing to discuss these issues prior to approving the plan if it is the will of the Board. Mr. McHale stated that he is very comfortable with the proposal as it impacts the Bermuda District and is confident with the County Attorney's representations that the plan meets the test of the Justice Department, but indicated that he is willing to give consideration to both Reverend Pollard and Ms. Goodwyn's concerns. He further stated that he will support the plan as proposed if it is the Board's will to vote on the issue tonight. 01-524 Mr. Warren stated that he had very little involvement in the redistricting process, but indicated that he feels it is a good plan and he will support it. He expressed concerns relative to a section of land in the Brandermill area that adjoins Clover Hill District which is not proposed for the Clover Hill District. Mr. Parthemos stated that the area Mr. Warren is referring to is a small area which composes a census block and is bounded by Tomahwawk Creek up to where it intersects Old Hundred Road over to the existing Clover Hill District boundary. He further stated that there is a very small number of people in the area with the official number from the Census Bureau being zero. Mr. Warren stated that it would make sense physically for the small area to be a part of the Clover Hill District. Mrs. Humphrey stated that she will agree to the area being moved from the Matoaca District to the Clover Hill District. Mr. Warren referenced an area on the north side of Lucks Lane adajcent to Smoketree and questioned the population of that area. Mr. Parthemos stated that the tract is a small census block currently in the Midlothian District that contains 252 people according to the Census Bureau. When asked, Mr. Parthemos stated that Providence Middle School would continue as a polling precinct for the Providence Precinct. There was brief discussion relative to the boundary line surrounding a small area of land bounded by Elkhardt Road and Starlight Lane which contains 53 people. Mr. Parthemos described the physical boundaries of the two areas Mr. Warren had expressed an interest in -- one area having a western boundary of Tomahawk Creek going up to the northern boundary of Old Hundred Road and continuing with the existing eastern and southern boundaries; and the other area north of Lucks Lane being bounded by Walton Bluff Road as it moves north up from Lucks Lane to Ashbrook Landing Road and along Ashbrook Landing Road to Lakestone Drive across Lakestone Drive along the census block line to Falling Creek. Mrs. Humphrey reviewed the process used by the Board to draft the proposal, and indicated that the process was different than the past two redistricting processes by attempting not to affect any elected official, and also being driven by growth in the Matoaca District. She expressed appreciation to Mr. Parthemos for his excellent legal advice surrounding the redistricting plan. She stated that the plan is 95 percent complete; is within the boundaries of the federal guidelines; is supported by all Board members; and includes minimal shifting of population from one district to another. She expressed appreciation for the requests of Reverend Pollard and Ms. Goodwyn, but indicated that she feels the issue should not be delayed. She stated that she hopes to work with both Reverend Pollard and Ms. Goodwyn in the future to ensure that all decisions made by the Board represent the best interest of the entire County. Mr. Miller stated that he is confident the plan is equitable and meets the legal standards of the Justice Department. He further stated that he feels the plan best represents the entire County. Mr. Miller then made a motion for the Board to adopt the ordinance relating to boundary lines for magisterial districts 01-525 and voting precincts and relating to polling places, as amended with the moving of two parcels previously described and shifting of the polling place for the Winterpock Precinct from Bethia United Methodist Church to Grange Hall Elementary School. Mrs. Humphrey seconded the motion. After brief discussion, Mrs. Humphrey called for a vote on the motion of Mr. Miller, seconded by Mrs. Humphrey, for the Board to adopt the following ordinance: AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIET.D, 1978, AS AMENDED, BY AMENDING AND REENACTING SECTION 7-3 RELATING TO BOUNDARY LINES FOR MAGISTERIAL DISTRICTS AND VOTING PRECINCTS AND RELATING TO POLLING PLACES BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Section 7-3 of the Code of thc County of Chesterfield, 1978, as amended, is amended as follows: Sec. 7-3. Precinct boundaries and polling places, The following shall be the precinct boundaries and polling places for magisterial districts in the county: BERMUDA MAGISTERIAL DISTRICT Bellwood Voting Precinct (101): Beginning at the point where the center line of the southern boundary of Richmond National Battlefield Park intersects the boundary line between Henrico County and Chesterfield County; thence eastwardly along said boundary line as it meanders with the James River south to its intersection with Proctors Creek; thence westwardly along the center line of Proctors Creek to its intersection with a spur line of the Seaboard Coast Line right-of-way; thence northwardly along the center line of said right-of-way to its intersection with Kingsland Creek; thence eastwardly along the center line Kingsland Creek to its intersection with the CSX Railroad right of way; thence northeastwardly along the center line of said right of way to its intersection with U. S. Route 1/301 (Jefferson Davis Highway); thence south along the center line of U.S. Route 1/301 to its intersection with Bellwood Road; thence northeastwardly along the center line of Bellwood Road to its intersection with Interstate 95; thence northward along the center line of Interstate 95 to its intersection with the northern boundary lines of Census Blocks 1004033006 and 1004033007; thence eastwardly along the boundary line of Census Blocks 1004033006 and 1004033007 to their intersection with the southern boundary line of Richmond National Battlefield Park; thence northeastwardly along the center line of the southern boundary line of Richmond National Battlefield Park to its intersection with the boundary line between Chesterfield County and Henrico County, the point and place of beginning. The voting place for Bellwood Voting Precinct shall be the Chesterfield Community High School, 8610 Perrymount Road. o o o Iron Bridge Voting Precinct (111) : Beginning at the point where the center line of Iron Bridge Road (State Route 10) intersects the center line of Centralia Road (State Route 145); thence eastwardly along the center line 01-526 of Centralia Road (State Route 145) to its intersection with Chalkley Road (State Route 632); thence southwardly along the center line of Chalkley Road (State Route 632) to its intersection with Iron Bridge Road (State Route 10); thence westwardly and northwardly along the center line of Iron Bridge Road (State Route 10) to its intersection with Centralia Road (State Route 145), the point and place of beginning. The voting place for Iron Bridge Voting Precinct shall be Thomas Dale West High School, 12400 Branders Bridge Road. Walthall Voting Precinct (112): Beginning at the point where the center line of U.S. Interstate 95 (Richmond-Petersburg Turnpike) intersects the boundary line between the County of Chesterfield and the City of Colonial Heights; thence westwardly along said boundary line to its intersection with Branders Bridge Road (State Route 625); thence northwardly along the center line of Branders Bridge Road (State Route 625) to its intersection with Whitehouse Road (State Route 1129); thence southeastwardly along the center line of Whitehouse Road (State Route 1129) to its intersection with U.S. Route 1/301 (Jefferson Davis Highway); thence northwardly along the center line of U.S. Route 1/301 (Jefferson Davis Highway) to its intersection with Happy Hill Road (State Route 619); thence northwestwardly along the center line of Happy Hill Road (State Route 619) to its intersection with an unnamed tributary of Ashton Creek; thence eastwardly along said tributary to its intersection with the Seaboard Coast Line right-of-way; thence southeastwardly along said right-of-way to its intersection with Indian Hills Road (State Route 743); thence southeastwardly along the center line of Indian Hills Road (State Route 743) to its intersection with U.S. Interstate 95 (Richmond-Petersburg Turnpike); thence southwardly along the center line of U.S. Interstate 95 (Richmond-Petersburg Turnpike) to its intersection with the boundary line between the County of Chesterfield and the City of Colonial Heights, the point and place of beginning. The voting place for Walthall Voting Precinct shall be St. Anne's Catholic School, 17111 Jefferson Davis Highway. DALE MAGISTERIAL DISTRICT o o o Jacobs Voting Precinct (204): Beginning at the point where the center line of U.S. Route 360 (Hull Street Road) intersects the center line of Falling Creek; thence southeastwardly along the center line of Falling Creek to its intersection with Newby's Bridge Road (State Route 649); thence southwardly along the center line of Newby's Bridge Road (State Route 649) to its intersection with Belmont Road (State Route 651); thence eastwardly and southwardly along the center line of Belmont Road (State Route 651) to its intersection with Courthouse Road (State Route 604); thence northwestwardly along the center line of Courthouse Road (State Route 604, continuing as State Route 653) to its intersection with Genito Road; thence northwestwardly along the center line of Genito Road to its intersection with U. S. Route 360; thence northeastwardly along the center line of U.S. Route 360 (Hull Street Road) to its intersection with Falling Creek, the point and place of beginning. The voting place for Jacobs Voting Precinct shall be Jacobs Road Elementary School, 8800 Jacobs Road. o o o 01-527 Belmont Voting Precinct (206): Beginning at the point where the boundary line between the City of Richmond and the County of Chesterfield intersects the center line of Belmont Road (State Route 651); thence southwestwardly along the center line of Belmont Road (State Route 651) to its intersection with the center line of the Commonwealth Natural Gas Pipeline easement; thence northwardly along the center line of said easement to its intersection with Walmsley Boulevard thence eastward along the center line of Walmsley Boulevard to its intersection with Turner Road; thence southward along the center line of Turner Road to its intersection with Pocoshock Creek; thence eastward along the center line of Pocoshock Creek to its intersection with the boundary line between the City of Richmond and the County of Chesterfield; thence southeast along the center line of said boundary line to its intersection with Belmont Road, the point and place of beginning. The voting place for Belmont Voting Precinct shall be J.A. Chalkley Elementary School, 3301 Turner Road. o o o Five Forks Voting Precinct (210): Beginning at the point where the center line of Newby's Bridge Road (State Route 649) intersects the center line of Falling Creek; thence southeastwardly along the center line of Falling Creek to its intersection with Belmont Road (State Route 651); thence southwestwardly along the center line of Belmont Road (State Route 651) to its intersection with Cogbill Road (State Route 638); thence eastwardly and northwardly along the center line of Cogbill Road (State Route 638) to its intersection with Kingsland Creek; thence along said creek as it meanders southeastwardly to its intersection with Iron Bridge Road (State Route 10); thence southwardly along the center line of Iron Bridge Road (State Route 10) to its intersection with Beach Road; thence southwestwardly along the center line of Beach Road (State Route 655) to its intersection with Swift Creek; thence westwardly along the center line of Swift Creek to its intersection with Qualla Road (State Route 653); thence northwardly along the center line of Qualla Road (State Route 653) to its intersection with an unnamed branch of Swift Creek; thence along the center line of said branch as it meanders northwardly to its intersection with Route 288; thence eastward along the center line of Route 288 to its intersection with Qualla Road; thence northeastward along the center line of Qualla Road to its intersection with Courthouse Road; thence southeastwardly along the center line of Courthouse Road (State Route 604) to its intersection with Belmont Road (State Route 651); thence eastwardly along the center line of Belmont Road (State Route 651) to its intersection with Newby's Bridge Road (State Route 649); thence proceeding northeastwardly along the center line of Newby's Bridge Road (State Route 649) to its intersection with Falling Creek, the point and place of beginning. The voting place of Five Forks Voting Precinct shall be Asbury United Methodist Church, 7151 W. Belmont Road. Nash Voting Precinct (211) Beginning at the point where the center line of Beach Road (State Route 655) intersects the center line of Iron Bridge Road (State Route 10); thence southwardly along the center line of Iron Bridge Road (State Route 10) to its intersection with Lewis Road (State Route 632); thence southwardly along the center line of Lewis Road (State Route 632) to its intersection 01-528 with Lake Dale; thence southwestwardly along the center line of Lake Dale to its outfall at Swift Creek; thence southwardly along the center line of Swift Creek to its intersection with Bradley Bridge Road; thence along the center line of Bradley Bridge Road to its intersection with Woodpecker Road (State Route 626); thence northwestwardly along the center line of Woodpecker Road (State Route 626) to its intersection with the eastern boundary of Pocahontas State Park; thence northward along the eastern boundary of Pocahontas State Park to its intersection with Swift Creek; thence eastwardly along the center line of Swift Creek to its intersection with Beach Road; thence northeastwardly along the center line of Beach Road to its intersection with Iron Bridge Road (State Route 10), the point and place of beginning. The voting place for Nash Voting Precinct shall be the Trinity Building, located at 10111 Iron Bridge Road. MATOACA MAGISTERIAL DISTRICT o o o Matoaca Voting Precinct (303): Beginning at the point where the center line of the Appomattox River intersects the center line of the Virginia Power Company easement; thence northwardly along said easement to its intersection with Oldtown Creek; thence northeastwardly along the center line of Oldtown Creek to its intersection with Hickory Road (State Route 628); thence westwardly along the center line of Hickory Road (State Route 628) to its intersection with Graves Road (State Route 630); thence southwestwardly along the center line of Graves Road (State Route 630) to its intersection with River Road (State Route 602); thence southward on River Road to the southeastern boundary line of census block 1007034006; thence southwest along the said census block boundary to the boundary line between the County of Chesterfield and the County of Dinwiddie; thence eastwardly along said boundary line as it follows the Appomattox River to its intersection with the Virginia Power Company easement, the point and place of beginning. The voting place for Matoaca Voting Precinct shall be Matoaca Elementary School, 6627 River Road. Winfree's Store Voting Precinct (304): Beginning at the point where the center line of Hickory Road intersects with Matoaca Road thence westwardly along the center line of Hickory Road (State Route 628) to its intersection with Graves Road (State Route 630); thence southwestwardly along the center line of Graves Road (State Route 630) to its intersection with River Road (State Route 36) thence southward on River Road to the southeastern boundary line of census block 1007034006; thence southwest along the said census block boundary to the boundary line between the County of Chesterfield and the County of Dinwiddie; thence westwardly along said boundary line to its intersection with the western line of Nooning Creek, as flooded by Lake Chesdin; thence northwardly along the western line of Nooning Creek and continuing along the center line of Nooning Creek; thence northwardly, to its intersection with the southwestern boundary line of census block 1007034014; thence northwardly along said boundary to its intersection with Second Branch Road (State Route 653); thence northwardly along the center line of Second Branch Road (State Route 653) to its intersection with a creek known as Second Branch; thence along the center line of Second Branch as it meanders in an eastwardly direction to its intersection with Nash Road (State Route 636); thence 01-529 northwardly along the center line of Nash Road (State Route 636) to its intersection with Woodpecker Road (State Route 626); thence southeastwardly along the center line of Woodpecker Road (State Route 626) to its intersection with Bradley Bridge Road; thence northward along the center line of Bradley Bridge Road to its intersection with Swift Creek; thence southeastwardly along the center line of Swift Creek to its intersection with Branders Bridge Road (State Route 625) at the boundary line between the County of Chesterfield and the City of Colonial Heights; thence southeastwardly along the boundary line to its intersection with Lakeview Road (State Route 626); thence westwardly along the center line of Lakeview Road to its intersection with Woodpecker Road; thence southwestwardly along the center line of Woodpecker Road to its intersection with Matoaca Road; thence west and south along the center line of Matoaca Road to its intersection with Hickory Road, the point and place of beginning. The voting place for Winfree's Store Voting Precinct shall be Phillips Volunteer Fire Department, 10630 River Road. Beach Voting Precinct (305): Beginning at the point where the center line of Nash Road (State Route 655) intersects the center line of Woodpecker Road (State Route 626); thence southwardly along the center line of Nash Road {State Route 636) to its intersection with a creek known as Second Branch; thence westwardly along the center line of Second Branch as it meanders to its intersection with Second Branch Road (State Route 653); thence northwardly along the center line of Second Branch Road (State Route 653) to its intersection with Beach Road (State Route 655); thence eastwardly along the center line of Beach Road (State Route 655) to its intersection with Qualla Road (State Route 653); thence northwardly along the center line of Qualla Road (State Route 653) to its intersection with Swift Creek; thence meandering eastwardly along the center line of Swift Creek to its intersection with the eastern boundary line of Pocahontas State Park; thence southward along the eastern boundary line of Pocahontas State Park to its intersection with Woodpecker Road; then eastward along the center line of Woodpecker Road to its intersection with Nash Road, the point and place of beginning. The voting place for Beach Voting Precinct shall be Beach Community Grange Building, 11401 Bundle Road (Route 654). Winterpock Voting Precinct (306): Beginning at the point where the center line of U.S. Route 360 (Hull Street Road) intersects the boundary line between the County of Chesterfield and the County of Amelia as said boundary line follows the Appomattox River in a southeastwardly direction to its intersection with the western line of Nooning Creek as flooded by Lake Chesdin; thence northwardly along the western line of Nooning Creek continuing along the center line of said creek to its intersection with the southwestern boundary line of census block 1007034014; thence in a northwardly direction along said boundary line to its intersection with Second Branch Road (State Route 653); thence northwardly along the center line of Second Branch Road (State Route 653) to its intersection with Beach Road (State Route 655); thence westwardly along the center line of Beach Road (State Route 655) to its intersection with Baldwin Creek Road (State Route 730); thence northwardly along the center line of Baldwin Creek Road (State Route 730) to its intersection with U.S. Route 360 (Hull Street Road); thence westwardly along the center line of U.S. Route 360 (Hull Street Road) to its intersection with the boundary line between the County of Chesterfield and the County of Amelia, the point and place of 01-530 beginning. The voting place for Winterpock Voting Precinct shall be Grange Hall Elementary School, 19301 Hull Street Road. Crenshaw Voting Precinct (308): Beginning at the point where the center line of North Bailey Bridge Road (State Route 651) intersects the center line of U.S. Route 360 (Hull Street Road); thence westwardly along the center line of U.S. Route 360 (Hull Street Road) to its intersection with Swift Creek; thence eastwardly along the center line of Swift Creek to its intersection with Qualla Road (State Route 653); thence northwardly along the center line of Qualla Road (State Route 653) to its intersection with an unnamed branch of Swift Creek; thence along the center line of said branch as it meanders northwardly to its intersection with Route 288; thence westward along the center line of Route 288 to its intersection with Claypoint Road; thence northward along the center line of Claypoint Road to its intersection with North Bailey Bridge Road; thence north along the center line of North Bailey Bridge Road to its intersection with U.S. Route 360 (Hull Street Road), the point and place of beginning. The voting place for Crenshaw Voting Precinct Manchester High School, 12601 Bailey Bridge Road. shall be Skinquarter Voting Precinct (309): Beginning at the point where the center line of Otterdale Road (State Route 667) intersects the center line of U.S. Route 360 (Hull Street Road); thence westwardly along the center line of U.S. Route 360 (Hull Street Road) to its intersection with the Appomattox River, the boundary line between the County of Chesterfield and the County of Amelia; thence along said boundary line in a westwardly and northwardly direction as it follows the Appomattox River to its intersection with Skinquarter Creek, the boundary line between the County of Chesterfield and the County of Powhatan; thence continuing northeastwardly along said boundary line to its intersection with Swift Creek; thence eastwardly along the center line of Swift Creek to its intersection with the Southern Railway Right of Way; thence northeastwardly along the center line of said Right of Way to its intersection with Old Hundred Road (State Route 652); thence southeastwardly along the center line of Old Hundred Road (State Route 652) to its intersection with Tomahawk Creek; thence southwardly along the center line of Tomahawk Creek to its intersection with Genito Road (State Route 604); thence westwardly along the center line of Genito Road (State Route 604) to its intersection with Swift Creek Reservoir; thence southwardly along the center line of said reservoir to its intersection with Woolridge Road (State Route 668); thence southwestwardly along the center line of Woolridge Road (State Route 668) to its intersection with Otterdale Road (State Route 667); thence southeastwardly along the center line of Otterdale Road (State Route 667) to its intersection with U.S. Route 360 (Hull Street Road), the point and place of beginning. The voting place for Skinquarter Voting Precinct shall be Mt. Hermon Baptist Church, 18100 Genito Road. O O O Evergreen Voting Precinct (312): Beginning at the point where the center line of Otterdale Road (State Route 667) intersects the center line of Old Hundred Road (State Route 754); thence northward along the center line 01-531 of Old Hundred Road to its intersection with the Virginia Power Company easement; thence southeastwardly along the center line of said easement to its intersection with Coalfield Road (State Route 754); thence southeastwardly along the center line of Coalfield Road (State Route 754) to its intersection with Miners Trail (State Route 720); thence eastwardly along the center line of Miners Trail (State Route 720) to its intersection with Lucks Lane (State Route 720); thence eastwardly along the center line of Lucks Lane (State Route 720) to its intersection with Courthouse Road (State Route 653); thence southwardly along the center line of Courthouse Road (State Route 653) to its intersection with Powhite Parkway (State Route 76); thence westwardly along the center line of Powhite Parkway (State Route 76) to its intersection with Old Hundred Road (State Route 652); thence northwestwardly along the center line of Old Hundred Road (State Route 652) to its intersection with the point and place of beginning. The voting place for Evergreen Voting Precinct shall be Evergreen Elementary School, 1701 Evergreen East Parkway. o o o CLOVER HILL MAGISTERIAL DISTRICT o o o Brandermill Voting Precinct (403): Beginning at the point where the center line of Old Hundred Road (State Route 652) intersects the center line of Tomahawk Creek; thence along Tomahawk Creek as it meanders southwardly to its intersection with Genito Road (State Route 604); thence eastwardly along the center line of Genito Road (State Route 604) to its intersection with South Old Hundred Road (State Route 652); thence northwardly along the center line of South Old Hundred Road (State Route 652) to its intersection with Coalfield Road (State Route 751); thence northwardly along the center line of Coalfield Road (State Route 751) to its intersection with Old Hundred Road {State Route 652); thence in a westwardly direction along the center line of Old Hundred Road (State Route 652) to its intersection with Brandermill Parkway (State Route 1921); thence continuing along the center line of Old Hundred Road (State Route 652) for a distance of 2,350 feet; thence in a northwestwardly direction for a distance of approximately 1,000 feet to its intersection with Tomahawk Creek, thence along Tomahawk Creek as it meanders southwardly to its intersection with Old Hundred Road (State Route 652), the point and place of beginning. The voting place for Brandermill Voting Precinct shall be Swift Creek Elementary School, 13800 Genito Road. Providence Voting Precinct (404): Beginning at the point where the center line of U.S. Route 360 (Hull Street Road) intersects the center line of Pocoshock Boulevard (State Route 733); thence northwardly along the center line of Pocoshock Boulevard (State Route 733) to its intersection with Ruthers Road (State Route 733); thence northwardly along the center line of Ruthers Road (State Route 733) to its intersection with Marthaven Drive (State Route 1422); thence westwardly along the center line of Marthaven Drive (State Route 1422) to its intersection with Starlight Lane; thence southwardly along the center line of Starlight Lane to its intersection with Elkhardt Road; thence westward along the center line of Elkhardt Road to its intersection with South Providence Road; thence southwestwardly along the center line of South Providence Road (State Route 678) to its intersection with Hicks Road (State Route 647); thence 01-532 southeastwardly along the center line of Hicks Road (State Route 647) to its intersection with U.S. Route 360 (Hull Street Road); thence northeastwardly along the center line of U.S. Route 360 (Hull Street Road) to its intersection with Pocoshock Boulevard (State Route 733), the point and place of beginning. The voting place for Providence Voting Precinct shall be Providence Middle School, 900 Starlight Lane. o o o Monacan Voting Precinct (407) : Beginning at the point where the center line of Courthouse Road (State Route 653) intersects the center line of Lucks Lane (State Route 720); thence westwardly along the center line of Lucks Lane (State Route 720) to its intersection with Walton Bluff Parkway; thence north and west along the center line of Walton Bluff Parkway to its intersection with Ashbrook Landing Road; thence northeastwardly along the center line of Ashbrook Landing Road to its intersection with the northern boundary of census block 1009293014 (along Lakestone Drive); thence along the northern boundary of said census block to its intersection with Falling Creek; thence northwardly along the center line of Falling Creek to its intersection with an unnamed tributary; thence northeastwardly along the tributary to its intersection with Amber Meadows Lane; thence due east for 3000 feet to the Commonwealth Natural Gas Pipeline easement; thence northwardly along the center line of said easement to its intersection with Gordon School Road (State Route 2776); thence northeastwardly along the center line of Gordon School Road (State Route 2776) to its intersection with Smoketree Drive (State Route 2770); thence continuing northeastwardly along the center line of Smoketree Drive to its intersection with Courthouse Road (State Route 653); thence southwardly along the center line of Courthouse Road for a distance of 2000 feet; thence due east for 400 feet to its intersection with an unnamed tributary of Falling Creek; thence along said tributary to its intersection with Dakins Drive (State Route 688); thence westwardly along the center line of Dakins Drive (State Route 688) to its intersection with Courthouse Road (State Route 653); thence northwardly along the center line of Courthouse Road (State Route 653) to its intersection with Lucks Lane (State Route 720), the point and place of beginning. The voting place for Monacan Voting Precinct shall be Monacan High School, 11501 Smoketree Drive. o o o Manchester Voting Precinct (409): Beginning at the point where the center line of U.S. Route 360 (Hull Street Road) intersects the center line of the Commonwealth Natural Gas Pipeline easement; thence southwardly along the center line of said easement to its intersection with Belmont Road (State Route 651); thence southwestwardly along the center line of Belmont Road (State Route 651) to its intersection with Falling Creek; thence northwestwardly along the center line of Falling Creek to its intersection with Newbys Bridge Road; thence northeastwardly along the center line of Newbys Bridge Road to its intersection with Proctor's Creek; thence west and north along the center line of Proctor's Creek to its intersection with U. S. Route 360; thence northeastwardly along the center line of U.S. Route 360 (Hull Street Road) to its intersection with Pocoshock Boulevard; thence northward along the center line of Pocoshock Boulevard to its intersection with Elkhardt Road; thence eastward along the center line of Elkhardt Road to its intersection with Turner Road; thence southward along the center line of Turner 01-533 Road to its intersection with U. S. Route 360; thence southward along the center line of U. S. Route 360 to its intersection with the Commonwealth Natural Gas Pipeline easement, the point and place of beginning. The voting place for Manchester Voting Precinct shall be Manchester Middle School, 7401 Hull Street Road. Wagstaff Voting Precinct (410): Beginning at the point where the center line of West Providence Road (State Route 678) intersects the center line of Courthouse Road (State Route 653); thence northwardly along the center line of Courthouse Road (State Route 653) to its intersection with Dakins Drive (State Route 688); thence eastwardly along the center line of Dakins Drive (State Route 688) to its intersection with Adkins Road (State Route 672); thence northwardly along the center line of Adkins Road (State Route 672) to its intersection with Rosegill Road (State Route 2588); thence northeastwardly along the center line of Rosegill Road (State Route 2588) to its intersection with Reams Road (State Route 647); thence southeastwardly along the center line of Reams Road (State Route 647) to its intersection with South Providence Road (State Route 678); thence southwardly along the center line of South Providence Road (State Route 678), continuing as West Providence Road (State Route 678), to its intersection with Courthouse Road (State Route 653), the point and place of beginning. The voting place for Wagstaff Voting Precinct shall be Central Chesterfield Ruritan--Association, 2230 Grey Oak Drive. o o o Shenandoah Voting Precinct (413): Beginning at the point where the center line of Reams Road (State Route 647) intersects the center line of South Arch Road (State Route 672); thence in a northwardly direction along the center line of South Arch Road (State Route 672) as it continues as North Arch Road (State Route 672) to its intersection with U.S. Route 60 (Midlothian Turnpike); thence westwardly along the center line of U.S. Route 60 (Midlothian Turnpike) to its intersection with Branchway Road (State Route 645); thence southeastwardly along the center line of Branchway Road (State Route 645) to its intersection with Courthouse Road (State Route 653); thence southwardly along the center line of Courthouse Road (State Route 653) to its intersection with Reams Road (State Route 647); thence eastwardly along the center line of Reams Road (State Route 647) to its intersection with South Arch Road (State Route 672), the point and place of beginning. The voting place for Shenandoah Voting Precinct shall be Shenandoah Community Center, 9601 Redbridge Road. South Genito Voting Precinct (414) Beginning at the point where center line of U. S. Route 360 intersects the center line of Genito Road; thence westwardly along the center line of U. S. Route 360 to its intersection with North Bailey Bridge Road; thence south along North Bailey Bridge Road to its intersection with Claypoint Road; thence southeast along the center line of Claypoint Road to its intersection with Route 288; thence eastward along the center line of Route 288 to its intersection with Qualla Road; thence northeastward along the center line of Qualla Road to its intersection with Courthouse Road; thence northwest along the center line of Courthouse Road to its intersection with Genito 01-534 Road; thence northwest along the center line of Genito Road to its intersection with U. S. Route 360, the point and place of beginning; The polling place for South Genito Voting Precinct shall be Crenshaw Elementary School, 11901 Bailey Bridge Road. MIDLOTHIAN MAGISTERIAL DISTRICT o o o Midlothian Voting Precinct (503) : Beginning at the point where the center line of Winterfield Road (State Route 714) intersects the boundary line between the County of Chesterfield and the County of Powhatan; thence southwestwardly along said boundary line to its intersection with the center line of Swift Creek; thence southeastwardly along said line to its intersection with the Southern Railway Right of Way; thence northeastward along said right of way to its intersection with Old Hundred Road; thence southward along the center line of said road to its intersection with Otterdale Road; thence northward along the center line of Otterdale Road to its intersection with the Virginia Power Company easement; thence southeastwardly along the center line of said easement to its intersection with Coalfield Road (State Route 754); thence northwardly along the center line of Coalfield Road (State Route 754) to its intersection with U.S. Route 60 (Midlothian Turnpike); thence eastwardly along the center line of U.S. Route 60 (Midlothian Turnpike) to its intersection with Falling Creek; thence northwardly along the center line of Falling Creek to its intersection with the Southern Railroad right-of-way; thence westwardly along the center line of said right-of-way to its intersection with Winterfield Road (State Route 714); thence northwardly along the center line of Winterfield Road (State Route 714) to its intersection with the boundary line between the County of Chesterfield and the County of Powhatan, the point and place of beginning. The voting place for Midlothian Voting Precinct shall be Midlothian High School, 401 Charter Colony Parkway. Robious Voting Precinct (504): Beginning at the point where the center line of Salisbury Road (State Route 902) intersects the center line of Robious Road (State Route 711); thence northwestwardly along the center line of Robious Road (State Route 711) to its intersection with the boundary line between the County of Chesterfield and the County of Powhatan; thence along said boundary line to its intersection with the boundary line between the County of Chesterfield and the County of Henrico; thence eastwardly along said boundary line to its intersection with the boundary line between the County of Chesterfield and the City of Richmond; thence southwardly along said boundary line to its intersection with West Huguenot Road (State Route 147); thence westwardly along the center line of West Huguenot Road (State Route 147) to its intersection with Big Oak Lane (State Route 815); thence northeastwardly along the center line of Big Oak Lane (State Route 815) to its intersection with Castlestone Road (State Route 4080); thence northwardly along the center line of Castlestone Road (State Route 4080) to its intersection with Castle Hill Road (State Route 4081); thence northwestwardly along the center line of Castle Hill Road (State Route 4081) to its intersection with Robious Crossing Drive (State Route 832); thence southwardly along the center line of Robious Crossing Drive (State Route 832) to its intersection with Polo Parkway (State Route 5400); thence southwardly along the center line of Polo Parkway (State Route 5400) to its intersection 01-535 with Robious Road (State Route 711); thence northwestwardly along the center line of Robious Road (State Route 711) to its intersection with Salisbury Drive (State Route 902), the point and place of beginning. The voting place for Robious Voting Precinct shall be Robious Elementary School, 2801 Robious Crossing Drive. o o o Greenfield Voting Precinct (506): Beginning at the point where the center line of Old Bon Air Road (State Route 718) intersects with the center line of Robious Road (State Route 675); thence northwestwardly along the center line of Robious Road (State Route 675) to its intersection with Greenfield Drive (State Route 2544); thence northwardly along the center line of Greenfield Drive to its intersection with Milbrook Drive; thence eastwardly along the center line of Milbrook Drive to its intersection with Dragonfly Lane; thence northwardly along the center line of Dragonfly Lane to its intersection with the Southern Railway right-of-way; thence eastwardly along the center line of said right-of-way to its intersection with Rockaway Road (State Route 718); thence westwardly along the center line of Rockaway Road (State Route 718) to its intersection with Old Bon Air Road (State Route 718); thence southwardly along the center line of Old Bon Air Road (State Route 718) to its intersection with Robious Road (State Route 675), the point and place of beginning. The voting place for Greenfield Voting Precinct shall be Greenfield Elementary School, 10751 Savoy Road. Salisbury Voting Precinct (507): Beginning at the point where the center line of Falling Creek intersects the center line of the Southern Railroad right-of-way; thence westwardly along the center line of said right-of-way to its intersection with the center line of Winterfield Road (State Route 714); thence northwardly along the center line of Winterfield Road (State Route 714) to its intersection with the boundary line between the County of Chesterfield and the County of Powhatan; thence northeastwardly along said boundary line to its intersection with Robious Road (State Route 711); thence southeastwardly along the center line of Robious Road (State Route 711) to its intersection with Salisbury Road (State Route 902); thence southwestwardly along the center line of Salisbury Road (State Route 902) to its intersection with West Salisbury Road (State Route 902); thence westwardly along the center line of West Salisbury Road (State Route 902) to its intersection with the center line of Falling Creek; thence southwardly along the center line of Falling Creek to its intersection with the Southern Railroad right-of-way, the point and place of beginning. The voting place for Salisbury Voting Precinct shall be Church of the Redeemer, 2341 Winterfield Road. Belgrade Precinct (508): Beginning at the point where the center line of U.S. Route 60 (Midlothian Turnpike) intersects the center line of Huguenot Road (State Route 147); thence northeastwardly along the center line of Huguenot Road (State Route 147) as it continues as West Huguenot Road (State Route 147) to its intersection with Big Oak Lane (State Route 815); thence northeastwardly along the center line of Big Oak Lane (State Route 815) to its intersection with Castlestone Road (State Route 4080); thence northwardly along the center line of Castlestone Road (State 01-536 Route 4080) to its intersection with Castle Hill Road (State Route 4081); thence northwestwardly along the center line of Castle Hill Road (State Route 4081) to its intersection with Robious Crossing Drive (State Route 832); thence southwardly along the center line of Robious Crossing Drive (State Route 832) to its intersection with Polo Parkway (State Route 5400); thence southwardly along the center line of Polo Parkway (State Route 5400) to its intersection with Robious Road (State Route 711); thence northwestwardly along the center line of Robious Road (State Route 711) to its intersection with Robious Station Circle; thence southward along the center line of Robious Station Circle to its intersection with the Southern Railroad right-of-way; thence westwardly along the center line of said right-of-way to its intersection with Falling Creek; thence along the center line of Falling Creek as it meanders southwardly to its intersection with U.S. Route 60 (Midlothian Turnpike); thence eastwardly along the center line of U.S. Route 60 (Midlothian Turnpike) to its intersection with Huguenot Road (State Route 147), the point and place of beginning. The voting place for Belgrade Voting Precinct shall be Robious Middle School, 2701 Robious Crossing Road. Cranbeck Voting Precinct (509): Beginning at the point where the center line of U.S. Route 60 (Midlothian Turnpike) intersects the center line of Robious Road (State Route 675); thence northwestwardly along the center line of Robious Road (State Route 675) to its intersection with Greenfield Drive (State Route 2544); thence northwardly along the center line of Greenfield Drive to its intersection with Milbrook Drive; thence eastwardly along the center line of Milbrook Drive to its intersection with Dragonfly Lane; thence northwardly along the center line of Dragonfly Lane to its intersection with the Southern Railroad right-of-way; thence westwardly along said right-of-way to its intersection with Huguenot Road (State Route 147); thence westwardly and southwardly along the center line of Huguenot Road (State Route 147) to its intersection with U.S. Route 60 (Midlothian Turnpike); thence eastwardly along the center line of U.S. Route 60 (Midlothian Turnpike) to its intersection with Robious Road (State Route 675), the point and place of beginning. The voting place for Cranbeck Voting Precinct shall be Greenfield Civic Association, 2221 Woodmont Drive. o o o Black Heath Voting Precinct (511): Beginning at the point where the center line of Robious Road (State Route 711) intersects the center line of Robious Station Circle; thence south along the center line of Robious Station Circle to its intersection with the Southern Railroad right-of-way; thence along the center line of said right-of-way to its intersection with Falling Creek; thence along the center line of Falling Creek as it meanders northwardly to its intersection with West Salisbury Drive (State Route 902); thence following the center line of West Salisbury Drive (State Route 902) eastwardly to its intersection with Salisbury Road (State Route 902); thence northeastwardly along the center line of Salisbury Road (State Route 902) to its intersection with Robious Road (State Route 711); thence southeastwardly along the center line of Robious Road (State Route 711) to its intersection with Robious Station Circle, the point and place of beginning. The voting place for Black Heath Voting Precinct shall be Salisbury Presbyterian Church, 13621 W. Salisbury Road. 01-537 o o o Watkins Voting Precinct (514): Beginning at the point where the center line of the Virginia Power Company easement intersects the center line of Coalfield Road (State Route 754); thence southeastwardly along the center line of Coalfield Road (State Route 754) to its intersection with Miners Trail (State Route 720); thence eastwardly along the center line of Miners Trail (State Route 720) to its intersection with Lucks Lane (State Route 720); thence eastwardly along the center line of Lucks Lane (State Route 720) to its intersection with Walton Bluff Parkway; thence north and west along the center line of Walton Bluff Parkway to its intersection with Ashbrook Landing Road; thence northeastwardly along the center line of Ashbrook Landing Road to its intersection with the northern boundary of census block 1009293014; thence along said boundary line to its intersection with Falling Creek; thence northwardly along the center line of Falling Creek to its intersection with the western branch of Falling Creek as it meanders along in a northwestwardly direction to its intersection with Coalfield Road (State Route 754); thence southwardly along the center line of Coalfield Road (State Route 754) to its intersection with the Virginia Power Company easement, the point and place of beginning. The voting place for Watkins Voting Precinct shall be Watkins Elementary School, 501 Coalfield Road. Davis Voting Precinct (515): Beginning at the point where the center line of U.S. Route 360 (Hull Street Road) intersects the boundary line between the City of Richmond and the County of Chesterfield; thence northwardly along the center line of said boundary line to its intersection with U.S. Route 60 (Midlothian Turnpike); thence westwardly along the center line of U.S. Route 60 (Midlothian Turnpike) to its intersection with South Providence Road (State Route 678); thence southwardly along the center line of South Providence Road (State Route 678) to its intersection with Elkhardt Road; thence eastward along the center line of Elkhardt Road to its intersection with Starlight Lane; then northward along the center line of Starlight Lane to its intersection with Marthaven Drive; thence east along the center line of Marthaven Drive to its intersection with Ruthers Road; thence southward along the center line of Ruthers Road to its intersection with Elkhardt Road; thence eastward along the center line of Elkhardt Road to its intersection with Turner Road; thence southward along the center line of Turner Road to its intersection with U. S. Route 360; thence westward along the center line of U. S. Route 360 to its intersection with the center line of the Commonwealth Natural Gas Pipeline easement; thence southeastwardly along the center line of said easement to its intersection with Walmsley Boulevard; thence eastward along the center line of Walmsley Boulevard to its intersection with Turner Road; thence southward along the center line of Turner Road to its intersection with Pocoshock Creek; thence eastward along the center line of Pocoshock Creek to its intersection with the boundary line between the City of Richmond and the County of Chesterfield; thence northwest along the center line of said boundary line to its intersection with U. S. Route 360, the point and place of beginning. The voting place for Davis Voting Precinct shall be Davis Elementary School, 415 Providence Road. (Code 1978, §7.1-2; Ord. of 6-12-96, §1; Ord. of 6-11-97, §1) State law reference(s)--Authorized by Code of Virginia, §24.2-307. 01-538 (2) This Ordinance shall become effective immediately upon adoption. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. Mrs. Humphrey requested a five minute recess. Reconvening: 17 .G. TO CONSIDER REVISING THE CURRENT LIBRARY INTERNET FILTERING POLICY TO REOUIRE FILTERING OF ALL COMPUTERS Mrs. Humphrey stated that this public hearing is probably one of the most historic public hearings in the history of the County, and requested that the speakers be brief in their comments. Mr. Ramsey stated that at its May 23, 2001 meeting, the Board directed staff to advertise this date and time for a public hearing to consider revising the current Library Internet Filtering Policy to require filtering of all computers in the County Library System. Mr. Dick Page, a resident of the Clover Hill District, expressed concerns relative to the growing number of pornographic sites on the Internet, and stated that there is no place in our County libraries for this type of material. He also expressed concerns relative to unreliability of filtering systems and the possibility of sexual harassment lawsuits from library employees exposed to pornographic material, and stated that because there is no mandate for the County to furnish Internet accessibility, he feels the Board should stop offering the entire service in the County Library System. He stated that negative impacts of pornography include addiction, broken homes, sex crimes and child abuse, and urged the Board to withdraw the Internet from all computers in the County Library System. Senator Steve Martin stated that he does not feel pornographic material should be available over the Internet in County libraries, and certainly not at public expense. He further stated that pornography is a community standard issue rather than a liberty issue, and indicated that he feels the majority of the County's citizens do not want their tax dollars supporting pornographic access. He expressed concerns relative to the 7,000 pornographic sites that were accessed in a County library during a two-day internal audit, and stated that Chesterfield is a better community than to allow such activity in its public facilities at public expense. He urged the Board to be a leader in the State by requiring filters on all computers in the County Library System. Mr. Wayne Ozmore, a resident of the Bermuda District, stated that on-demand Internet access within the view of children is not a good or ethical public policy, and indicated that he supports filtering of all computers in the County Library System. Mr. Tom Wootton, a resident of the Matoaca District and member of Southside Church of the Nazarene, stated that he feels access to pornographic sites in public libraries is morally and ethically abysmal and not acceptable as a community. He further stated that libraries should be places that parents 01-539 encourage their children to visit, and adults should be willing to make sacrifices for the well-being of children. He stated that he feels filtering of all computers in the County Library System is ~the right thing, the right way' and is for ~the right reasons.' He referenced the numerous awards won by the County for the quality of its government and stated that allowing pornographic materials in County libraries does not represent a total quality initiative. He urged the Board to revise its policy to require filtering of all computers, rather than managing material and monitoring library patrons. Ms. Donna Rice Hughes, author of ~'Kids On-Line" stated that she has been working on the issue of Internet safety since 1993. She expressed concerns relative to the dangers of unrestrictive Internet access. She provided Internet statistics, stating that sixty percent of all web site businesses are sexual in nature; sex is the number one searched for term; and twenty- five million Americans visit sex sites for one to ten hours per week. She stated that pornography has become an epidemic and she feels it has no place in public libraries. She expressed concerns relative to misuse of brand names that might attract children for pornography web site use, and stated that one in four children accidentally access pornography over the Internet. She also expressed concerns relative to predators who are using the public libraries to anonymously access children and also access child pornography. She stated that there are currently over 40,000 child pornography and pedophile types of sites on the Internet. She provided various statistics and facts relative to nationwide use of the Internet for pornographic purposes and stated that libraries across the country are dealing with the issue. She stated that pornographic materials are not protected speech and, therefore, filtering of pornography cannot be considered as censorship. She further stated that filtering technology is highly customizable and librarians can override the filters if something is inadvertently blocked. She stated that she feels implementing filters on all computers in the County's Library System is a win-win opportunity because of minimized costs for implementing all of the computers at the same time; early compliance with the Child Protection Act; and avoidance of liability for sexual harassment claims by library personnel. She further stated that libraries that filter in good faith have immunity under the Communications Decency Act, and noted that full filtering will create a safe library environment for all patrons and also set a precedent in the Commonwealth of Virginia by leadership. Mr. Steve Crampton, Chief Counsel for the American Family Association Center for Law and Policy, commended the Board for its courage in addressing the filtering issue. He relayed a story about a twelve year old girl who attempted suicide after being traumatized in a public library by exposure to pornographic material and an illicit action by a perpetrator, and stated that even though numerous complaints had been made against the perpetrator, no action had been taken for fear of interfering with his constitutional rights. He stated that the Board is faced with the question of whether public libraries are constitutionally prohibited from implementing a filtering system for use of the Internet and indicated that, in his opinion, the Board may constitutionally undertake such an action to protect its youngest and most vulnerable citizens. He stated that there is no constitutional right to access sexually explicit material on the Internet. He further stated that the right to receive information, a sub-set of the First Amendment's free speech protection, is a secondary right and, therefore, entitled to lesser protection, if it receives protection at all. He noted that there are very few constitutional cases regarding the issue. He stated that, in order to analyze a constitutional challenge, the first step in 01-540 court will be to determine the type of forum -- traditional public forum, designated (limited) public forum, or non-public forum. He further stated that, in his opinion, public library Internet represents a non-public forum and urged the Board, when taking action relative to the issue, to identify its intention that public library Internet constitutes a non-public forum. He stated that a non-public forum will give the Board the greatest freedom to exercise whatever discretion it wishes with respect to regulation of Internet access. He further stated that once the forum has been determined, the court will consider tests for balancing interests of the governing body versus the interests of plaintiffs seeking to access by Internet sexually explicit materials. He noted that the United States Supreme Court has made no secret of its own view of the surpassing importance of protecting children. He stated that he feels the County's interest in protecting both its employees and its children surpasses the protection of persons seeking to access sexually explicit materials in County libraries. He further stated that he feels the current status of the County's Internet filtering policy represents a violation of the County's sexual harassment policy for employees. He referenced the decision in the Loudoun County case relative to restricting Internet access and stated that the right to receive information was erroneously accorded as the highest degree of protection under the First Amendment analysis and the court failed to perform the forum analysis, and also failed to determine whether the Internet blocking technology used was the least restrictive means available. He stated that the Loudoun County case should not be a bar to the Board's taking action to limit Internet access, and noted that virtually every legitimate obstacle has been removed for the Board to take action. He stated that the American Family Association is willing to stand with the Board in the event of a constitutional challenge, and urged the Board to revise its policy to require filtering of all computers in the County Library System. Ms. Mary Ann Harmon, a resident of Clover Hill District and Friend of the Library, stated that she feels Internet filtering will severely handicap the Internet connection in the County's libraries. She further stated that the solution is more complex than filtering because filters do not eliminate evil and provide a false sense of security. She requested that the Board set up a task force of staff and citizens to study and recommend a total Internet management system that will protect children, manage abuse and still make available useful and needed information to library customers. Ms. Andrea Brown, a Dale District resident, stated that she does not support filtering of all computers in the County Library System. She stated that she feels it is the responsibility of parents to supervise their children while using library computers. She expressed concerns relative to the effectiveness of filtering and the restriction that filtering would place on access to information. She suggested that the Board appoint a task force of citizens to study the issue. Ms. Mary Buckner, a resident of the Winterpock area, stated that she can think of no positive aspect of having pornography accessible on the Internet in County libraries, and indicated that she supports filtering of all computers in the County Library System. Mr. Kevin Hoeft, a Clover Hill District resident and Director of Development for The Family Foundation of Virginia, expressed concerns relative to the 7,000 hits on pornographic web sites registered in the County's nine public libraries in a two-day period. He stated that, in the past few weeks, numerous County residents have shared with him their experiences relative to 01-541 exposure to pornography in the libraries. He further stated that The Family Foundation supports placing Internet filters on all public library computers to protect children and families from the proven dangerous consequences of obscenity, pornography and sexually explicit material. He noted that the National Law Center for Families and Children concluded that local governments have the authority ~'to prevent the acquisition of illegal and objectionable pornography through the Internet," and requested that the Board amend its policy to require the placement of family-friendly filters on all computers in the libraries. Ms. Tracy Stewart, Chief Technology Officer for Family Click, an Internet filtering service company, stated that she feels libraries have a responsibility to protect children from the aggressive tactics of online pornographers and from online predators. She discussed filtering technology and techniques used in the filtering process, including filtering by web site, category and textual analysis. She stated that technology is currently the only deterrent to accessing pornography on the Internet and indicated that it is improving daily. Mr. Curt Diemer, a Brandermill resident and President of Creative Web Designs, stated that he feels filtering technology does work and is constantly improving. He further stated that he and his family are frequent users of the County libraries and told of a recent visit where he had to shield his seven- year-old son from a person who was viewing pornography on the Internet. He expressed concerns relative to librarians who have indicated that they do not support filtration. Mrs. Humphrey stated that the members of The Friends of the Library are not County employees, but volunteers with the Library System. Mr. William Brown, County resident, stated that filtering software does not work and can be defeated by a moderately sophisticated user who wants to view pornography. He further stated that monitoring will be required to eliminate the viewing of pornography in the libraries. He expressed concerns relative to legitimate information that people are entitled to that is filtered by filtering software. He stated that, if the Board chooses to stop access to Internet service completely, tens of thousands of dollars invested in infrastructure will be wasted. He further stated that the proposed action ignores the ideals of individual freedom and individual responsibility, and would punish the people who want to use the Internet in the library for legitimate purposes while allowing the malefactors to go unscathed, unpunished and uncontrolled. Ms. Ingrid Whaley, a resident of the Midlothian District, stated that she feels the availability of the Internet in public libraries is one of the greatest educational advancements of our time, and indicated that she feels its benefits far outweigh its problems. She further stated that there must be a less drastic way to face the issue than to deny full access to the entire community through the filtering of all computers in the library system. She expressed concerns with the imperfection of filtering systems and provided examples of various web sites that can and cannot be accessed because of filtering. Ms. Trish Hisle, a citizen who home schools, stated that she relies greatly on both the public library system and the Internet. She related several incidences where she was attempting to research legitimate information and accidentally entered pornographic web sites. She expressed concerns as to the devastating effects the accidental viewing of pornography could have on children. 01-542 Ms. Sheila Callear, a Dale District resident and member of The Friends of the Library, stated that she finds the library resources to be quite useful. She requested that the Board explore all options before making a decision to ensure that the decision is the right one for the community, the library and the children. Mr. Maury Bareford, a Midlothian District resident, stated that, according to State law, customers of the public library may not use library computers to access material that is legally defined as obscenity, child pornography or harmful to juveniles. He further stated that he uses a filtered Internet provider on his home computer and is perfectly satisfied with the degree of filtering it provides. He stated that filtering all computers means assuring compliance with State law, in addition to being the right thing to do for ourselves, our families and the citizens of Chesterfield County. Dr. Thomas VanAuken, a Bon Air resident, expressed concerns relative to impairing the services provided by the Library. He provided suggestions that might be implemented in addition to some degree of filtering including locating monitors in public positions and implementing a management access system where patrons would have to swipe their library card through a reader before using a computer. He also suggested that the Board adopt a County ordinance prohibiting public display either by hard copy or by photographic projection or video display of materials considered obscene by community standards on County property in areas frequented by minors. He stated that this would provide a tool for librarians to enforce the policy prohibiting the viewing of pornography in County libraries. Mr. George Beadles expressed concerns relative to the length of time for citizen comments at the budget public hearing in comparison to this public hearing. He stated that he supports filtering if it goes to the point of removing Internet access at the library. Ms. Beverly Hickman invited the public to become members of The Friends of the Library. She expressed concerns relative to legitimate information she was unable to access on her home computer when she was using an Internet filtering system, and stated that her family discontinued using the system because it became a hassle. She stated that filtration systems are not foolproof and citizens may be misled into believing their children will not be subjected to pornography because of filtering. She suggested that, if the Board chooses to place filtering on all public library computers, a warning sign be placed on the computers stating that the filtering system is not one hundred percent foolproof and suggesting parent or guardian supervision of the computer use. Delegate Kirk Cox expressed concerns relative to enforcement of the County's policy which prohibits viewing pornographic material in the libraries and stated that both he and an overwhelming number of his constituents feel that all of the computers in the County library system should be filtered. Delegate Sam Nixon referenced a 1973 Supreme Court case, ~ v. California, in which the court recognized that ~states have a legitimate interest in prohibiting dissemination or exhibition of obscene material when the mode of dissemination carries with it a significant danger of offending the sensibilities of the unwilling recipients or of exposure to juveniles.' He stated that he feels the Board would be on solid legal ground in making a decision to filter all computers in the County libraries and indicated that he feels the Board has an obligation to its citizens, parents and children who 01-543 visit the public libraries to provide filtering for all of the computers. Mr. Warren commended Delegates Cox and Nixon and also Senator Martin, who were willing to come out tonight and take a very strong position relative to the Internet filtering issue. Mr. Barber questioned whether or not the State Library filters its computers. Delegate Nixon stated that he does not know if the State Library filters its computers, but noted that the legislative delegation has dealt with the issue of Internet filtering on numerous occasions. Mr. Jack Wilson, a resident of the Bermuda District, stated that he views public libraries as safe havens to provide children with educational and informational resources. He further stated that he strongly supports the imposition and placing Internet filters on all computers in the County Library System. Mr. Alan Nason, a Chester resident, stated that he does not feel filtering is the best method to accomplish the objective of keeping prohibited information from children. He expressed concerns relative to the attorneys' fees incurred in the Loudoun County case referred to earlier. He also expressed concerns relative to the amount of valuable information that will be inaccessible because of filtering. He stated that, if the Board adopts a full filtering policy, the County will be inadvertently adopting the viewpoint of the filtering company. He suggested other more effective and less restrictive methods to be used to address the pornography issue -- establishing time limits for Internet use; establishing privacy screens; and disabling video or audio screening. Mr. Robert Naumann, a resident of Chesapeake, Virginia, stated that Chesterfield has an opportunity to provide leadership for other jurisdictions in the State. He further stated that, even though Internet filtering may not be perfect, it is still good and useful. He stated that Internet access at public libraries is not a right, but a privilege that can be restricted by the Board. Mrs. Janet Gwaltney expressed concerns as to why Library staff failed to warn parents and individuals of the dangers of possible exposure to pornographic material. She requested that the Board either filter all the computers in the library system or remove the Internet entirely. Mr. Mike Tolbert, a resident of the Dale District, stated that he feels filtering is a great step to the overall solution to the Internet pornography issue. He further stated that, although filtering technology is not perfect, it is continuously upgraded. Mr. Brian Humphries stated that his family home-schools and makes weekly visits to the Enon Library. He further stated that he does not feel free access to pornography is a service that the County or its libraries should provide. Mr. Wayne Modlin, a resident of the Midlothian District and library consultant for the Library of Virginia, stated that Hampton is the only jurisdiction in the State with a more restrictive Internet filtering policy than the County's current policy. He further stated that the majority of the libraries in the Commonwealth have had Internet access for five or more years, and indicated that very few do any kind of filtering. He stated that the State Library does not use filtering, nor do college and university libraries. He stated that he feels 01-544 the likelihood of filtering all computers in all of the libraries in the State is very remote. He noted that Chesterfield County does not currently receive federal funding for its library system, and therefore would not be subject to the Child Internet Protection Act. Mr. Miller expressed concerns relative to sexual harassment claims that might arise from employees of the State Library who are exposed to pornography. Ms. Diana Parker, a Bermuda District resident, stated that many people rely on the public libraries for Internet access. She requested that the Board take its time and carefully consider the options before making a decision. Mr. Larry Sanchez stated that Internet access is not a public right, but a privilege that does not need to be provided. He further stated that, since filtering is not perfect, perhaps Internet access should not be provided at all. He stated that he does not advocate the use of tax dollars paying for someone else's use and abuse of pornography. Ms. Kimberly Sanchez stated that she came to the meeting in support of filtering all computers in the County's Library System. She further stated that, after hearing other speakers, she now feels removing the Internet access altogether might be the right thing to do to protect children. She stated that she is against pornography and does not want it provided for anyone. Mr. Wayne Foco, a network designer and developer for network products, stated that the majority of Fortune 500 companies have filtering capability on their systems because of liability for sexual harassment. He further stated that filters are helpful and will send a message to the people who are going to abuse the system. Ms. Elizabeth Harding, a Matoaca District resident, stated that she feels filtering will harm the disadvantaged in the County, and expressed concerns relative to information that they may be denied because of filtering. Ms. Marjorie Clark, a Clover Hill District resident and high school librarian, stated that she feels filtering will limit freedom of information for thousands of Chesterfield County residents. She expressed concerns relative to filtering technology which is not sophisticated enough to be discriminating or to provide adequate filtering, and provided various incidents of inability to access legitimate sites and inadvertent access to pornographic sites by students when researching topics in the school library. She also expressed concerns relative to copyright issues that might evolve with filtering. She requested that the Board defer the issue until a task force representing a cross-section of the community can be formed to ensure that the decision is community based with input from both the legal community and from librarians. Mr. Donald Mimms, a resident of Clover Hill, stated that he strongly recommends that filters be installed on all library computers or the Internet provider be removed completely. There being no one else to speak to the issue, the public hearing was closed. Discussion ensued relative to resuming the closed session for consultation with legal counsel regarding specific legal matters relating to Internet filtering in County libraries. Mr. Warren stated that he is prepared to vote without returning to Closed Session. 01-545 When asked, Mr. Micas stated that, by majority vote, the Board could choose not to go back into Closed Session. Mr. Miller indicated that he is prepared to vote. Mr. Barber stated that because of the comments made by attorneys this evening, he would prefer to have additional consultation with Mr. Micas in Closed Session. Mr. Miller stated that he is not against returning to Closed Session if that is the will of the Board. Mrs. Humphrey stated that she does not feel it is necessary to return to Closed Session. After brief discussion relative to the non-public forum concept presented earlier by Mr. Crampton, it was the general consensus of the Board to resume the Closed Session. Mrs. Humphrey made a motion, seconded by Mr. Warren, for the Board to resume the Closed Session for consultation with legal counsel regarding specific legal matters relating to Internet filtering in County libraries. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. Reconvening: The following resolution was adopted by the Board to certify the Closed Session for consultation with legal counsel regarding specific legal matters relating to Internet filtering in County libraries: WHEREAS, the Board of Supervisors has this day adjourned into Closed Session in accordance with a formal vote of the Board and in accordance with the provisions of the Virginia Freedom of Information Act; and WHEREAS, the Virginia Freedom of Information Act effective July 1, 1989 provides for certification that such Closed Session was conducted in conformity with law. NOW, THEREFORE BE IT RESOLVED, the Board of Supervisors does hereby certify that to the best of each member's knowledge, i) only public business matters lawfully exempted from open meeting requirements under the Freedom of Information Act were discussed in the Closed Session to which this certification applies, and ii) only such public business matters as were identified in the Motion by which the Closed Session was convened were heard, discussed, or considered by the Board. No member dissents from this certification. (It is noted no motion or second was made prior to voting, but the intention to have done so was affirmed at the July 25, 2001 meeting.) The Board being polled, the vote was as follows: Mr. McHale: Aye. Mr. Warren: Aye. Mr. Barber: Aye. Mr. Miller: Aye. Mrs. Humphrey: Aye. 01-546 Mr. Miller expressed appreciation for the citizen input. He stated that he feels libraries should be foremost on the list of safe havens for children. He further stated that his constituents have overwhelmingly expressed a desire for full filtering. He stated that, although filtering may eliminate some information that is legitimate, he feels full filtering is necessary to alleviate the issue of pornography being viewed in County libraries. Mr. Miller then made a motion for the Board to adopt the following resolution extending the current Library Internet Filtering Policy to all computers in the County Library System: WHEREAS, Chesterfield County has chosen to provide limited library Internet access that does not expose patrons to materials which constitute obscenity or child pornography, materials harmful to juveniles or materials that create a sexually harassing environment; AND WHEREAS, the following factual background supports the provision of limited library Internet access: The Chesterfield County Library System, has been operated for the study of the written word and other materials with minimal disruption to patrons. The County selects materials offered to library patrons pursuant to established collection development policies and procedures and the needs and standards of the community. In its selections, the County avoids materials which are pornographic or which could appeal to a prurient interest in sexual matters. The County has sought to prohibit obscenity, child pornography and, for minor patrons, materials harmful to juveniles and has also sought to prevent libraries from becoming sexually-harassing environments for patrons and staff. This library policy is consistent with the County's long-standing practice of preventing the sexual harassment of the County's employees and customers. The County has recently made a number of computers available to library patrons to provide some Internet access. The County has attempted to ensure that library patrons did not access obscenity, child pornography, materials creating a sexually harassing environment, or, in the case of minors, materials harmful to juveniles. In 2000, the County's Internal Audit Department audited library computers and determined that certain computers were being used to access pornography and that the computers were in the public areas of a number of libraries and could be seen by staff, adult patrons and juveniles. A more recent audit confirmed the continuing use of library computers to access pornography. It is apparent to the County Administrator and the Board of Supervisors that the Library System's enforcement of Internet access rules to date has not effectively prevented the use of library computers to access pornography even though the Library Director does not agree with this conclusion. The Library System is not a commercial Internet service provider and it is not the intent of the Board of Supervisors or the County Administrator to create a public forum at the library with respect to information received through the Internet. Because each library computer functions like an individual library facility, the County will not provide access to every Internet site within the "library" of Internet sites anymore than it will provide access to every book, periodical, video or audio recording that may be commercially available. Unlike the general operation of each library facility, a patron's use of a library computer is non-public and is not open to the rest of the public when being used by that patron. 01-547 The County will only provide limited access to the Internet which does not expose patrons to materials which constitute obscenity or child pornography, materials harmful to juveniles or materials that create a sexually harassing environment. There are technological protective measures (commonly known as ~filters") available to provide the County's limited Internet access choice. Although no such measure can perfectly provide such limited access, there are a number of such measures which substantially provide this limited access. The County has chosen the measure which most closely mirrors its limited access choice, which can best be integrated with the County's computer system, and which operates in a ~'site- based" manner. The Board of Supervisors and the County Administrator conclude that enforcement by library staff has not been effective to date and that privacy screens have not consistently been used by patrons who have accessed sexually explicit sites. Furthermore, enforcement efforts by library staff exposes staff members to the risk of viewing sexually explicit materials and potentially creates a sexually hostile environment for staff and patrons, contrary to the County's established policy prohibiting sexual harassment. Regardless of the technological protective measure chosen, there are other informational resources readily available to library patrons, both in printed and electronic formats, who may want to access Internet sites that are not part of the limited Internet access which the County has chosen to provide. NOW, THEREFORE BE IT RESOLVED, by the Chesterfield County Board of Supervisors that all computers in the Chesterfield County Library System shall be equipped with the technological protective measures limiting library Internet access recommended by the County Administrator. Mrs. Humphrey seconded the motion. Mr. Barber stated that, as the father of five daughters, he is very concerned about what information is available in public libraries. He further stated that he feels Internet control begins with the parent/child relationship. He referenced the earlier mentioned FOXXX Video issue and stated that it cannot be compared to the Library Internet issue. He expressed concerns relative to the ineffectiveness of filtering technology and also to parents having a false assumption that their children will be safe in public libraries because of filtering. He stated that, of the millions of annual web site hits in County libraries, only 1.35 percent are inappropriately used and indicated that he feels government regulation is unnecessary because the community is already responding appropriately. He further stated that he does not agree with the statement in Mr. Miller's motion that the 'Library System's enforcement of Internet access rules to date has not effectively prevented the use of library computers to access pornography,' nor does he agree with the statement, 'the County will only provide limited access to the Internet which does not expose patrons to material which constitute obscenity or child pornography.' He stated that he does not feel staff has been provided an opportunity to show its effectiveness in enforcing the current policy and expressed concerns relative to providing false assurance that patrons will not be exposed to inappropriate material. He referenced the Cincinnati filtering system that The Family Foundation indicated it would support that filters and also allows access upon request, and questioned whether the Board members would support such a system. He stated that there are a number of tools that could be used to prevent images from being viewed by children. He expressed concerns relative to the potential for legal 01-548 challenges of the Board's decision to filter all computers in the library system. Discussion ensued relative to making public information that is discussed during Closed Session. Mr. Barber stated that he feels it is important that the public be advised of legal advice relative to the issue. He further stated that he is not comfortable with filtering all computers in the library system based on the legal advice received from the County Attorney, but indicated that he is comfortable that citizens have demonstrated they are responsible library Internet users. Mr. Barber then made a substitute motion for the Board to adopt Internet filtering based on the Cincinnati model of library Internet access. Due to lack of a second, Mr. Barber's motion failed. Mr. McHale stated that the decision does not come easily to him, indicating that when citizens fail to observe community standards, the government often has to put controls in place that sanction certain actions so that the greater public good can be maintained. He expressed concerns relative to the 7,000 hits on pornographic web sites during a two-day period, and stated that he is a frequent visitor at the Chester Library and would be outraged if he became exposed to pornographic material during a visit to the library. He stated that the he feels the resolution read by Mr. Miller reflects the community consensus and indicated that he will support it. Mr. Warren stated that he will support Mr. Miller's motion and indicated that he feels Internet filtering is a standard in the industry, and technology is continuously improving Internet filtering systems. He further stated that he feels it would be helpful, at some point, to set up a task force for the purpose of studying how well the system is functioning. Mrs. Humphrey stated that Internet access is a privilege that the Board enjoys providing to County residents. She further stated that she does not enjoy providing Internet access to people who abuse the privilege to access pornography. Mrs. Humphrey then called for a vote on the motion made by Mr. Miller, seconded by Mrs. Humphrey, for the Board to adopt the following resolution extending the current Library Internet Filtering Policy to all computers in the County Library System: WHEREAS, Chesterfield County has chosen to provide limited library Internet access that does not expose patrons to materials which constitute obscenity or child pornography, materials harmful to juveniles or materials that create a sexually harassing environment; AND WHEREAS, the following factual background supports the provision of limited library Internet access: The Chesterfield County Library System, has been operated for the study of the written word and other materials with minimal disruption to patrons. The County selects materials offered to library patrons pursuant to established collection development policies and procedures and the needs and standards of the community. In its selections, the County avoids materials which are pornographic or which could appeal to a prurient interest in sexual matters. The County has sought to prohibit obscenity, child pornography and, for minor patrons, materials harmful to juveniles and has also sought to prevent libraries from becoming sexually-harassing environments for patrons and staff. This library policy is consistent with the 01-549 County's long-standing practice of preventing the sexual harassment of the County's employees and customers. The County has recently made a number of computers available to library patrons to provide some Internet access. The County has attempted to ensure that library patrons did not access obscenity, child pornography, materials creating a sexually harassing environment, or, in the case of minors, materials harmful to juveniles. In 2000, the County's Internal Audit Department audited library computers and determined that certain computers were being used to access pornography and that the computers were in the public areas of a number of libraries and could be seen by staff, adult patrons and juveniles. A more recent audit confirmed the continuing use of library computers to access pornography. It is apparent to the County Administrator and the Board of Supervisors that the Library System's enforcement of Internet access rules to date has not effectively prevented the use of library computers to access pornography even though the Library Director does not agree with this conclusion. The Library System is not a commercial Internet service provider and it is not the intent of the Board of Supervisors or the County Administrator to create a public forum at the library with respect to information received through the Internet. Because each library computer functions like an individual library facility, the County will not provide access to every Internet site within the "library" of Internet sites anymore than it will provide access to every book, periodical, video or audio recording that may be commercially available. Unlike the general operation of each library facility, a patron's use of a library computer is non-public and is not open to the rest of the public when being used by that patron. The County will only provide limited access to the Internet which does not expose patrons to materials which constitute obscenity or child pornography, materials harmful to juveniles or materials that create a sexually harassing environment. There are technological protective measures (commonly known as "filters") available to provide the County's limited Internet access choice. Although no such measure can perfectly provide such limited access, there are a number of such measures which substantially provide this limited access. The County has chosen the measure which most closely mirrors its limited access choice, which can best be integrated with the County's computer system, and which operates in a '~site- based" manner. The Board of Supervisors and the County Administrator conclude that enforcement by library staff has not been effective to date and that privacy screens have not consistently been used by patrons who have accessed sexually explicit sites. Furthermore, enforcement efforts by library staff exposes staff members to the risk of viewing sexually explicit materials and potentially creates a sexually hostile environment for staff and patrons, contrary to the County's established policy prohibiting sexual harassment. Regardless of the technological protective measure chosen, there are other informational resources readily available to library patrons, both in printed and electronic formats, who may want to access Internet sites that are not part of the limited Internet access which the County has chosen to provide. NOW, THEREFORE BE IT RESOLVED, by the ~hesterfield County Board of Supervisors that all compu~ters in the Chesterfield County Library System shall be equipped with the technological 01-550 protective measures limiting library recommended by the County Administrator. Internet Ayes: Humphrey, Miller, McHale and Warren. Abstain: Mr. Barber. access 18. REMAINING MOBILE HOME PERMITS AND ZONING REOUESTS There were no remaining mobile home permits and zoning requests at this time. 19. ADJOURNMENT On motion of Mr. McHale, seconded by Mr. warren, the Board adjourned at 1:14 a.m. until July 25, 2001 at 3:00 p.m. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. ~unty'n~ B'A~TnSTsYtra~or / Renny ~ush Humphrey Chairman 01-551