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11-13-2002 MinutesBOARD OF SUPERVISORS MINUTES November 13, 2002 Supervisors in Attendances Mr. Kelly E. Miller, Chairman Mr. Arthur S. Warren, Vice Chrm. Mr. Edward B. Barber Mrs. Renny Bush Humphrey Mr. J. L. McHale, III Mr. Lane B. Ramsey County Administrator Staff in Attendances Colonel Carl R. Baker, Police Department Mr. George Braunstein, Exec. Dir., Community Services Board Mr. Craig Bryant, Dir., Utilities Dr. Billy Cannaday, Jr., Supt., School Board Ms. Marilyn Cole, Asst. County Administrator Ms. Mary Ann Curtin, Dir., Intergovtl. Relations Ms. Rebecca Dickson, Dir., Budget and Management Mr. William Dupler, Building Official Ms. Lisa Elko, Clerk Chief Stephen A. Elswick, Fire Department Mr. Bradford S. Hammer, Deputy Co. Admin., Human Services Mr. John W. Harmon, Right-of-Way Manager Mr. Russell Harris, Mgr. of Community Development Services Mr. Phil Innis, Asst. Dir., Parks and Recreation Mr. Thomas E. Jacobson, Dir., Planning Mr. Donald Kappel, Dir., Public Affairs Ms. Kathryn Kitchen, Asst. Supt. of Schools for Business and Finance Ms Mary Lou Lyle, Dir., Accounting Mr R. John McCracken, Dir., Transportation Mr Richard M. McElfish, Dir., Env. Engineering Mr Steven L. Micas, County Attorney Mr Francis Pitaro, Dir., General Services Mr James J. L. Stegmaier, Deputy Co. Admin., Management Services 02- 775 11/13/02 Mr. M. D. Stith, Jr., Deputy Co. Admin., Community Development Mr. Thomas Taylor, Dir., Block Grant Office Mr. Miller called the regularly scheduled meeting to order at 4:08 p.m. 1. APPROVAL OF MINUTES FOR OCTOBER 16, 2002 - LEGISLATIVE ~4~ETINGAND OCTOBER 23, 2002 - RE~ULARMEETING On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board approved the minutes of October 16, 2002 and October 23, 2002, as submitted. Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. 2. COUNTY ADMINISTRATOR'S COMMENTS Mr. Ramsey stated that Mr. Dupler has been appointed to serve on the Board of Directors of the International Code Council (ICC), which is the newly created comprehensive organization consolidating the Building Officials and Code Administration International (BOCA), the International Conference of Building Officials (ICBO), and the Southern Building Code Congress International (SBCCI) effective January 2003. He congratulated Mr. Dupler upon this prestigious appointment. Mr. Stith stated that the county is fortunate to have Mr. Dupler as a member of the Community Development team. 3. BOARD COMMITTEE REPORTS Mrs. Humphrey stated that she received a copy of an e-mail from Captain Karl Leonard of the Police Department, who was recently deployed to Cuba, thanking the Board for its support of county employees called to active duty. An article critical of a locality in Tidewater for not being as supportive was attached to the e-mail. Mr. Ramsey stated that correspondence has also been received regarding the excellent morale of county employees on active duty military assignment. He further stated that he received an award on behalf of the county from the Air National Guard who indicated that county employees represent some the best- trained staff in their organization. Mr. Warren stated that he and Mr. McHale attended the Veterans Day celebration on November 11, 2002, and the event was well attended. Mr. Miller stated that he attended a Veterans Day event at Woolridge Elementary School on November 8, 2002, which was also well attended and very impressive. Mr. McHale stated that there are 700,000 veterans in Virginia, including many women. He stated that the Board's actions to pay active duty military the difference between 02- 776 11/13/02 their military pay and county pay have provided reservists the ability to serve with a peace of mind. REQUESTS TO POSTPONE ACTION, ADDITIONS, OR CHAN~ IN ORDER OF PRESENTATION On motion of Mr. McHale, seconded by Mr. Barber, the Board added Item 8.A.l., Adoption of Ordinance Repealing Mandatory Water Restrictions on an Emergency Basis and Set Public Hearing Date to Consider the Ordinance; added Item 8.C.2.b., Transfer of District Improvement Funds from the Bermuda, Clover Hill, Dale, Matoaca and Midlothian District Improvement Funds to the School Board to Purchase Athletic Uniforms for Chesterfield Community High School; added Item 8.C.13., Award of Construction Contract to Southside Tank Service for the Rayon Park Drainage Project; replaced Item 10.B., Status Report on the General Fund Balance, Reserve for Future Capital Projects, District Improvement Funds, and Lease Purchases; added Item 14.B., Resolution Recognizing the Brandermill Community Association for Continued Excellence; and adopted the Agenda, as amended. Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. 5. RESOLUTIONS AND SPECIAL RECOONITIONS 5.A. RECOGNIZING MR. WILTON I. JONES, JR. FOR OVER 23 YEARS OF OUTSTANDING SERVICE TO THE SCHOOL BOARD AND CHESTERFIELD COUNTY Mr. Pitaro introduced Mr. Wilton Jones who was present to receive the resolution. On motion of the Board, the following resolution was adopted: WHEREAS, Mr. Wilton I. Jones, Jr. served as an audio visual equipment technician with the Chesterfield County School System from January 3, 1978 to April 15, 1997; and WHEREAS, Mr. Jones retired on April 15, 1997 after providing 19 years of dedicated and faithful service to the citizens and employees of Chesterfield County's School System; and WHEREAS, Mr. Jones provided outstanding school functions and School Board meetings; and service at WHEREAS, Mr. Jones was hired by the Department of General Services January 14, 1998 to provide audio visual technical support to the County Board of Supervisors; and WHEREAS, Mr. Jones exceeded all expectations of his position and saved thousands of dollars in maintenance and replacement costs; and WHEREAS, Mr. Jones unfailingly and meticulously ensured that all audio visual equipment was functioning properly to ensure Board meetings were broadcast to county residents; and 02- 777 11/13/02 WHEREAS, Mr. Jones was the first person in the Public Meeting Room and the last to leave to ensure the sensitive equipment was properly secured; and WHEREAS, Mr. Jones could always be counted on to diligently assist the Board, the Clerk to the Board and staff no matter what the request. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors publicly recognizes Mr. Wilton I. Jones, Jr. and extends its appreciation for his dedicated service and the support he provided to both the School System and the Board of Supervisors and wishes him great happiness in his retirement. AND BE IT FURTHER RESOLVED, that a copy of this resolution be presented to Mr. Jones and that this resolution be permanently recorded among the pages of this Board of Supervisors of Chesterfield County~ Virginia. Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. Mr. Miller presented the executed resolution to Mr. Jones, accompanied by his wife, expressed appreciation for his dedicated service, and wished him well in his retirement. Mr. Jones expressed appreciation to recognition. the Board for the 5.B. RECOGNIZING NOVEMBER 17-23, 2002, AS ~MATH LITERACY WEEK" IN CHESTERFIELD COUNTY Mr. Kappel introduced Mr. John Bunting, Director of Saturday and Summer Programs at the Mathematics and Science Center Foundation, and Ms. Patricia Priestas, Program Coordinator, who were present to receive the resolution. On motion of the Board, the following resolution was adopted: WHEREAS, less than 30 percent of fourth, eighth and twelfth grade students in the nation's schools score at or above grade level in mathematics; and WHEREAS, basic skill proficiency in math is the number one goal of national and state education standards and assessment advocates; and ~4EREAS, parents and other citizens should work together with educators and mathematicians to teach students, using the best instructional practices; and WHEREAS, a strong mathematics foundation is necessary to continue in higher mathematics, the sciences, computer science and medicine; and WHEREAS, a working knowledge of mathematics is also critical to understanding and functioning in an increasingly technologically advanced world; and WHEREAS, the Mathematics and Science Center Foundation's National Math Literacy Tour bus will spend a day at Ettrick 02- 778 11/13/02 Elementary School on November 20, 2002 to help build math understanding and confidence. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors, this 13th day of November 2002, recognizes the week of November 17-23, 2002, as "Math Literacy Week" in Chesterfield County, thanks all mathematics and education professionals for their efforts to improve students' proficiency in mathematics, and urges all citizens to help foster an appreciation for the importance of mathematics. Mrs. Humphrey presented the executed resolution to Ms. Priestas, accompanied by Mr. Bunting, and expressed appreciation for the Mathematics and Science Center Foundation's efforts in improving math proficiency in the county's schools. Mr. Bunting expressed appreciation to Supervisors and School Board for their Mathematics and Science Center. the Board of support of the Ms. Priestas expressed appreciation to the Board for the recognition. 6. WORK SESSIONS o REVIEW OF PROPOSED BLIGHT ORDINANCE Mr. Dupler presented a summary of features of the proposed spot blight ordinance. He stated that the purpose of the ordinance is to reduce the impact of blight on communities by getting owners to rehabilitate properties and giving the county the ability to address problems where the owner cannot be located, is unable to address the problems, or refuses to address the problems. He reviewed the definition of blight and stated that farm buildings are exempted from the ordinance. When asked, Mr. Dupler stated that the definition of blight was directly derived from the Code of Virginia, except for the exemption of farm structures. He then reviewed illustrative examples of blight. He reviewed farm building exemptions; the blight removal procedure; and public hearing process. When asked, Mr. Micas stated that property owners can appeal Board decisions relative to blighted property to the Circuit Court. Mr. Dupler reviewed the scope of the blight problem - the vast majority are residential; few are dilapidated beyond repair; many are vacant/abandoned, secured and unsecured; and many of the owners cannot be located. He provided photographs of examples of blighted conditions. Mr. Barber provided details of a blighted dwelling in the Midlothian District that was damaged by fire over two and one-half years ago, and stated that the proposed ordinance will provide a tool that can be used for the advantage of the community. 02- 779 11/13/02 Mr. Dupler reviewed the method of enforcement of the proposed ordinance and stated that actions will be taken on the absolute worst properties during the first year after adoption. Mrs. Humphrey requested that the Board be prioritized list of blighted properties. provided a Discussion ensued relative to the process for declaring blighted property and funding of the demolition. When asked, Mr. Dupler stated that there are other county ordinances to address abandoned vehicles, weeds and debris on property. He further stated that, if repeated Building Code maintenance violations are identified, action can be taken to correct building-related problems causing blight on properties through the proposed blight ordinance. He noted that Community Development Block Grant (CDBG) funds were used to demolish an old church building in Ettrick, and stated that the Board could pursue CDBG funding if a more aggressive approach in addressing blight is desired. Discussion ensued relative to mechanisms to get property owners to comply with making requested improvements. Mr. Micas stated that, if reasonable efforts fail to locate a property owner, the Board can move forward with a public hearing and demolish a blighted building. Mr. Miller thanked Mr. Dupler for his presentation. informative 7. DEFHRRED ITEMS There were no deferred items at this time. 8. NEW BUSINESS 8.A. FY2002 RESULTS OF OPERATIONS Ms. Dickson reviewed estimated state budget impacts for the adopted FY2003 budget as well as those announced on October 15, 2002. Discussion ensued relative to the state budget impacts on the Juvenile Detention Home and the fact that the funding formula for juvenile detention homes has been changed. Mr. Hammer stated that instead of operating a 90-bed facility, Chesterfield may be operating a 48-bed facility and leaving half of a brand new building vacant. Mrs. Humphrey expressed concerns relative to the state requiring the county to construct facilities and then not providing the necessary funding for the cost of operating the facilities. Mr. Ramsey stated that the Juvenile Detention Home was severely overcrowded and the county initiated the expansion using state construction funds to pay for 50 percent of the construction. 02- 780 11/13/02 Ms. Dickson stated that the FY2003 budget was adopted with $3,685,200 in reduced funding from the state and an additional $1,726,500 has been announced to date, with a preliminary total of $5,411,700 in FY2003. She further stated that staff anticipates when the Governor's budget is released in December, there will be additional items to address in FY2003 as well as FY2004. She stated that staff is estimating a preliminary total of $4,727,000 in additional reduced funding for FY2004. She reviewed areas of state aid to localities that could be impacted when the state budget is adopted. Mr. Ramsey stated that approximately 50 percent of the state budget goes to its operating agencies and the remainder goes to aid to localities. He further stated that the reductions announced October 15, 2002 were heavier on state agencies. He noted that there is a $2 billion deficit, and the announced state budget reductions amounted to only $850 million, indicating that staff feels aid to localities will be targets for the next round of budget reductions. Ms. Dickson reviewed a summary of FY2002 Results of Operations. She reviewed property taxes over the budget of approximately $3.7 million and all other revenue over the budget (approximately $1.1 million), and stated that total unspent appropriations was $2,264,342. She reviewed staff's recommendations for Schools use of the addition to fund balance, including $580,974 for a one cent tax rate decrease from January 2003 to June 2003, noting that Mr. Barber has requested that the Board direct staff to proceed with preparing the budget at a $1.07 real estate tax rate, given the state budget impacts; and $2,416,987 for use in FY2004 for non-recurring items. She reviewed staff's recommendations for FY2003 county uses, including $260,026 for a one percent tax rate decrease from January 2003 to June 2003; $150,000 for Parks and Recreation infield restoration and maintenance, noting that the Parks and Recreation Advisory Commission has requested that the Board re-direct $17,000 of the $150,000 to provide funding for 9~m monitoring; $150,000 for books and electronic resources for Libraries; $60,300 for Comprehensive Services to address the year end fund balance. She stated that, if the Board directs staff to prepare the FY2004 budget at a $1.07 real estate tax rate, then the county's share of the proposed one-cent tax reduction would be available for use in the FY2004 budget. She went on to review unspent appropriations for the county of $819,183; property taxes of $376,837; and all other unspent revenue of $1,075,350. Mr. Barber expressed concerns relative to state budget reductions, and stated that he does not feel it is prudent to have staff devote their time to preparing the FY2004 budget at a lower tax rate. Mr. Miller expressed concerns that the revaluation figures on real estate assessments will not be determined until January 2003, and property owners could be paying increased real estate taxes due to increased assessments. Ms. Dickson stated that she estimates revaluations increase approximately the same as last year. to 02- 783. 11/13/02 Mr. McHale stated that maintaining the $1.07 tax rate results in an increase in real estate taxes due to revaluations. Mr. Barber stated that he does not feel the Board will be in a position to provide citizens with the services they expect with a decreased real estate tax rate. He expressed concerns relative to decreasing the real estate tax rate, given the impact of state budget reductions, and then not providing the services that citizens have come to expect. Mr. Miller expressed concerns that property owners are continually being requested to carry the burden for county programs. He stated that there are many elderly residents who can barely pay their taxes. Mr. Barber stated that he feels it would be prudent to develop the FY2004 budget at the current real estate tax rate ($1.07) and make the final decision after more information is available. Mrs. Humphrey stated that real estate tax rate has decreased twice in the past five years. She expressed concerns relative to the state budget reductions, and stated that she would be more comfortable directing staff to prepare the budget at $1.07 and then making reductions if it is later determined to be feasible. She expressed concerns relative to how the state~ budget reductions will impact the Matoaca District. Mr. McHale stated that he feels unspent revenue in a fiscal year indicates that the real estate tax rate may be too high. He further stated that he feels tax revenue over the budget should be returned to the taxpayers before being placed into subsequent budgets. He stated that there is nothing frivolous in the budget, but he feels the county should have the fiscal discipline to live within its real growth rates. He further stated that he cannot support a motion today directing staff to prepare the FY2004 budget at a $1.07 real estate tax rate. Mr. Warren stated that he supported a tax decrease in the good years, but feels the county must now hold the line on taxes and the ability to provide the level of services important to its ~residents. He requested that Dr. Cannaday come forward to answer questions. Dr. Cannaday stated that over 1,150 new students have entered County Schools this fiscal year, although only 670 were anticipated. He further stated that approximately 1,050 are projected for FY2004. He stated that a real estate tax reduction to $1.06 would result in adjusted pupil/teacher ratios. He further stated that a challenge in preparing the FY2004 budget will be to absorb growth with existing staff (adjusting pupil/teacher ratio), or finding other ways to maintain the pupil/teacher ratio by making other cuts. He expressed concerns relative to retaining highly qualified staff, and stated that it is important to do everything possible to ensure that they are retained. He expressed concerns that the School Board is requested to submit its budget to the Board of Supervisors in February, and that teachers are asked to make decisions regarding next year's employment prior ~to that time. He stated that any signal that can be sent to teachers early on that might cause them 02- 782 11/13/02 to re-think their plans regarding returning the following year is important in retaining the best employees. When asked, Dr. Cannaday stated that the Schools received an additional $9 million in revenue this fiscal year because the composite index was recomputed. Mr. Miller stated that, even if the real estate taxes are reduced by one cent, the Schools will still receive increased revenue through revaluations. Discussion ensued relative to funding of the new Clover Hill High School. After brief discussion, Mr. Barber made a motion, seconded by Mrs. Humphrey, for the Board to direct staff to prepare the FY2004 budget using the current real estate tax rate of $1.07. Mr. Micas clarified that Mr. Barber's motion would also include approval of the FY2002 Results of Operations actions requested by staff. Mr. Miller stated that he cannot support the $1.07 tax rate without the availability of real estate tax revenue information. Mr. Miller then called for a vote on the motion of Mr. Barber, seconded by Mrs. Humphrey, for the Board to approve a fourth extension of the advance to the Health Center Commission in the amount of $925,000 from a repayment date of April 1, 2003 to April 1, 2004, leaving $50,000 due and payable by April 1, 2003; appropriate $150,000 for Parks and Recreation field restoration and maintenance and $150,000 for library books and electronic resources as identified at the time the FY2003 budget was adopted, and also appropriate $60,300 to the Comprehensive Services fund to address a year- end fund balance shortfall; designate $1,712,213 in property tax and other revenue over the budget and $819,183 in unspent appropriations for the county to use for non-recurring items in FY2004; and also designate $1,145,159 in unspent appropriations and $1,852,802 in property tax revenue over the budget for the Schools to use for non-recurring items for FY2004; and direct staff to prepare the FY2004 budget using the current real estate tax rate of $1.07. Ayes: Warren, Barber and Humphrey. Nays: Miller and McHale. 8.A.1. ADOPTION OF ORDINANCE REPEALING MANDATORY WATER RESTRICTIONS ON AN EMERGENCY BASIS AND SET PUBLIC HEARING DATE TO CONSIDER THE ORDINANCE Mr. Ramsey stated that water is running over the spillway at Lake Chesdin at this time, and the Swift Creek Reservoir is rising. He further stated that, because the Governor has suspended the state mandatory water restrictions, staff is recommending that the Board repeal its ordinance relative to mandatory water restrictions on an emergency basis. He stated that staff will provide the Board with an analysis of the water issue in the Spring of 2003 to see if re-enactment is necessary. 02- 783 11/13/02 When asked, Mr. Ramsey stated that repealing the ordinance should have no impact on the ground water situation with respect to wells. Mr. Warren stated that he feels a message should be sent to the citizens thanking them for following the procedures. Mrs. Humphrey requested that a letter, signed by Board members, be placed in utility bills thanking citizens for their adherence to the mandatory restrictions. On motion of Mr. Warren, seconded by Mr. McHale, the Board repealed the ordinance imposing mandatory water use restrictions on an emergency basis and set the date of December 18, 2002 at 7:00 p.m. for a public hearing to consider repeal of the ordinance. And, further, the Board directed staff to include correspondence in utility bills thanking citizens for their participation in the mandatory water restrictions. Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. Mr. McHale requested that Mr. Bryant provide a report relative to the drought issue at the February 12, 2003 meeting. Mr. Bryant came forward and provided an update on the water main break on Hull Street, stating that the road repairs were more extensive than staff originally thought and two west- bound lanes will be open tomorrow afternoon before rush hour. 8. B. APPOINTMENTS On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board suspended its rules at this time to allow simultaneous nomination/appointment of members to serve on the Chesterfield Emergency Planning Committee. Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. O CHESTERFIELD EMERGENCY PLANNIN~ COMMITTEE On motion of Mrs. Humphrey, seconded by Mr. McHale, the Board nominated Mr. Ryland Reamy and Ms. Sue Toth to serve on the Chesterfield Emergency Planning Committee, who will be appointed by the Governor. Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. 02- 784 11/13/02 8.C. CONSENT ITEMS 8.C.1. ADOPTION OF RESOLUTIONS 8.C.1.&. RECOGNIZING DEPUTY PATRICK O. NEWMAN, SHERIFF'S OFFICE, UPON HIS RETIREMENT On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board adopted the following resolution: WHEREAS, Deputy Patrick O. Newman began his public service with the County as a Jail Deputy for Sheriff Wingo in June of 1979, and in July of 1980, transferred to Courts, where he served until 1982; and WHEREAS, from 1982 to 1984 Deputy Newman served as training Deputy from 1982 to 1984; was assigned to the jail from 1984 until 1990; and also served as Corporal from 1986 until 1989 in the jail; and WHEREAS, Deputy Newman is knowledgeable and highly effective in every aspect of court security, working this area from 1990 until 2002; and WHEREAS, in August of 1996 when twelve inmates were being transported and one broke the back glass of the van and escaped, Deputy Newman's quick thinking and professionalism kept the other eleven inmates from escaping and kept the situation under control; and WHEREAS, in the year 2000 Deputy Newman received a Celebrating Success Award for being dependable, loyal and providing excellent customer service; and WHEREAS, also in the year 2000 Deputy Newman proved to be an invaluable asset in a jury trial that ran over into the weekend and, in another instance, foiled an escape attempt by an inmate; and WHEREAS, Deputy Newman's desire to do a good job has been a primary factor that has permitted him to perform at a very high level, always striving for excellence and going beyond the call of duty; and WHEREAS, Deputy Newman will retire on January 1, 2003, after providing twenty-three years of dedicated service to the citizens of Chesterfield County. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors, this 13tn day of November 2002, recognizes the outstanding contributions of Deputy Patrick O. Newman, expresses the appreciation of all residents for his dedicated service to Chesterfield County, and extends congratulations upon his retirement and best wishes for a long and happy retirement. Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. 02- 785 11/13/02 8.C.l.b. REQUEST!N~ INSTALLATION OF ~CHILDREN AT PLAY" SIGNS IN THE CRADDOCK POINT AND JOHN TYLER WOODS SUBDIVI S IONS On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board adopted the folloWing resolution: WHEREAS, the Neighborhood Watch Coordinator for the Craddock Point ~and John Tyler Woods subdivisions has requested the county to install ~Children At Play" signs in these neighborhoods; and WHEREAS, pursuant to Section 33.1-210.2 of the State Code, the governing body of any county may, by resolution, request the Commissioner of the Virginia Department of Transportation to install and maintain, at locations specified in the resolution, signs alerting motorists that children may be at play nearby. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors hereby requests the Commissioner to install ~Children At Play" signs just short of the intersection of Sand Hills Drive and Executive Drive facing east, on the west of the intersection of Sand Hills Drive and Evelyn Drive facing west and south of the intersection of Executive Drive and Evelyn Drive facing north. AND, BE IT FURTHER RESOLVED, that the cost of installing the signs be paid out of the secondary system construction allocation and maintained out of the secondary system maintenance allocation for Chesterfield County. Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. 8.C.l.c. GRANTING PETERSBURG AREA TRANSIT THE AUTHORITY TO EXTEND TRANSIT SERVICE ON 1-95, ROUTE 10 AND ROUTE I On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board adopted the following resolution: WHEREAS, The City of Petersburg has requested the county to agree to an extension of Petersburg Area Transit (PAT) public transportation service between the cities of Richmond and Petersburg and between Petersburg and the John Tyler Community College, by extending existing Petersburg Area Transit (PAT) service; and WHEREAS, thei City of Petersburg has informed the county that PAT will provide the service at no cost to the county. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of i Supervisors grants PAT the authority to extend transit service on 1-95 from the Chesterfield/Colonial Heights line to the Chesterfield/Richmond line and on Route 10 from 1-95 to Route 1 and on Route 1 from Route 10 to John Tyler Community College (Chester). And, further, the Board authorized the County Administrator to make service adjustments in stop locations and frequency 02- 786 11/13/02 of service for the two proposed service routes as necessary to provide efficient service. Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. 8.C.2.b. FROM THE BERMUDA, CLOVER HILL, DALE, MATOACA AND MIDLOTHIAN DISTRICT IMPROVEMENT FUNDS TO THE SCHOOL BOARD TO PURCHASE ATHLETIC UNIFORMS FOR CHESTERFIELD COMMUNITY HIGH SCHOOL On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board transferred $700 each from the Bermuda, Clover Hill, Dale, Matoaca and Midlothian District Improvement Funds (total of $3,500) to the School Board to purchase athletic uniforms for Chesterfield Community High School. Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. 8.C.3. STATE ROAD ACCEPTANCE On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board adopted the following resolution: WHEREAS, the streets described below are shown on plats recorded in the Clerk's Office of the Circuit Court of Chesterfield County; and WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised this Board the streets meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation. 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 Section 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 Swtem of State Hlohwav~- Addition Baals for Change: Statutory Reference: Project: From: Addition, New subdivision street Anderson's Forge, Section 2 Bellows Drive, State Route Number: 5112 .04 Mi. S of Pony Cart Dr., (Rt. 5111) Buggy Dr., (Rt. 5431), a distance of: 0.17 miles. 02- 787 11/13/02 Right-of-way record was filed on 3/24/2000 with the Office Of Clerk To Circuit Court in Pb. 110; Pg. 3, with a width of 50 Ft. · Bellows Drive, State Route Number: 5112 From: Buggy Dr., (Rt. 5431) To: Cul-de-sac, a distance of: 0.03 miles. Right-of-way record was filed on 3/24/2000 with the Office Of Clerk To Circuit Court in Pb. 110; Pg. 3, with a width of 50 Ft. · Buggy Drive, State Route Number: 5431 From: Bellows Dr., (Rt. 5112) To: Buggy PI., (Rt. 5432), a distance of: 0.08 miles. Right-of-way record was filed on 3/24/2000 with the Office Of Clerk To Circuit Court in Pb. 110; Pg. 3, with a width of 50 Ft. · Buggy Drive, State Route Number: 5431 From: Buggy PI., (Rt. 5432) To: .04 Mi. S of Buggy PI., (Rt. 5432), a distance of: 0.04 miles. Right-of-way record was filed on 3/24/2000 with the Office Of Clerk To Circuit Court in Pb. 110; Pg. 3, with a width of 50 Ft. · Buggy Place, State Route Number: 5432 From: Buggy Dr., (Rt. 5431) To: Cul-de-sac, a distance of: 0.06 miles. Right-of-way record was filed on 3/24/2000 with the Office Of Clerk To Circuit Court in Pb. 110; Pg. 3, with a width of 50 Ft. And, further, the WHEREAS, the recorded in the, Chesterfield County; Board adopted the following resolution: streets described below are shown on plats Clerk's Office of the Circuit Court of and WHEREAS, the Resident Department of Transportation streets meet the requirements Street Requirements of Transportation. Engineer for the Virginia has advised this Board the established by the Subdivision the Virginia Department of 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 Section 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. 02- 788 11/13/02 Tyoe Chanue to the Secondary System of State Highwav~: Addition Basis for Change: Statutory Reference: Project: From: To: Addition, New subdivision street ~.1-229 Gregory's Charter, Section C Gregory's Charter Court, State Route Number: 5392 Gregory's Charter Dr., (Rt. 3745) Cul-de-sac, a distance of: 0.17 miles. Right-of-way record was filed on 8/29/1997 with the Office Of Clerk To Circuit Court in Pb. 95; Pg. 30, with a width of 50 Ft. · Gregory's Charter Drive, State Route Number: 3745 From: Gregory's Charter Ct., (Rt. 5392) To: Lynchester Dr., (Rt. 910), a distance of: 0.09 miles. Right-of-way record was filed on 8/29/1997 with the Office Of Clerk To Circuit Court in Pb. 95; Pg. 30, with a width of 50 Ft. · Gregory's Charter Drive, State Route Number: 3745 From: Lynchester Dr., (Rt. 910) To: 0.03 Mi. E of Lynchester Dr., (Rt. 910), a distance of: 0.03 miles. Right-of-way record was filed on 8/29/1997 with the Office Of Clerk To Circuit Court in Pb. 95; Pg. 30, with a width of 50 Ft. I Lyncheeter Drive, State Route Number: 910 From: Gregory's Charter Dr., (Rt. 3745) To: .14 Mi. N of Gregory's Charter Dr., (Rt. 3745), a distance of: 0.14 miles. Right-of-way record was filed on 8/29/1997 with the office Of Clerk To Circuit Court in Pb. 95; Pg. 30, 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 WHEREAS, the Resident Department of Transportation street meets the requirements Engineer for the Virginia has advised this Board the established by the Subdivision the Virginia Department of Street Requirements Transportation. of 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 Section 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. 02- 789 11/13/02 AND, BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. Type Change to the Secondary sYStem of State Hl¢;hwavs: Addition Basis for Change: Addition, New subdivision street Statutory Reference: §33il-229 Project: Brandy Oaks, Section 9 Poplardell Court, State Route Number: 5372 From: Brandy Oaks BI., (Rt. 5369) To: Cul-de-sac, a distance of: 0.22 miles. Right-of-way record was filed on 4/30/2001 with the Office Of Clerk To Circuit Court in Pb. 117; Pg. 12, with a width of 50 Ft. And, further, the Board adopted the following resolution: WHEREAS, the streets described below are shown on plats recorded in the Clerk's Office of the Circuit Court of Chesterfield County; and WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised this Board the streets meet the irequirements 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 Section 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. T~,~ Chanqe to the Seconda~ S~tem of Stata Hlahwa~: Addition Basle Mr Change: Addition, New subdivision street Statutow R~erence: §~.1-229 Project: From: To: Roaemont, Section G Follenebee Drive, State Route Number: 5096 0.13 Mi W of Felbridge Wy., (Rt. 5148) Lander Rd., (Rt. 5434), a distance of: 0.07 miles. Right-of-way record was filed on 1/~2/2000 with the Office Of Clerk To Circuit Court in Pb. 109; Pg. 4, with a width of 44 Ft. · From: Kettlewell Court, State Route Number: 5436 Lander Rd., (Rt. 5434) 02- 790 11/13/02 To: Cul-de-sac, a distance of: 0.07 miles. Right-of-way record was filed on 1/12/2000 with the Office Of Clerk To Circuit Court in Pb. 109; Pg. 4, with a width of 40 Ft. · Lander Court, State Route Number: 5437 From: Lander Rd., (Rt. 5434) To: Cul-de-sac, a distance of: 0.04 miles. Right-of-way record was filed on 1/12/2000 with the Office Of Clerk To Circuit Court in Pb. 109; Pg. 4, with a width of 40 Ft. ® Lander Road, State Route Number: 5434 From: Foliensbee Dr., (Rt. 5096) To: Cul-de-sac, a distance of: 0.08 miles. Right-of-way record was filed on 1/12/2000 with the Office Of Clerk To Circuit Court in Pb. 109; Pg. 4, with a width of 40 Ft. · Lander Road, State Route Number: 5434 From: Follensbee Dr., (Rt. 5096) To: Intersection Kettlewell Ct., (Rt. 5436) Witton Tn., (Rt. 5435), a distance of: 0.08 miles. Right-of-way record was filed on 1/12/2000 with the Office of Clerk To Circuit Court in Pb. 109; Pg. 4, with a width of 44 Ft. · Lander Road, State Route Number: 5434 From: Intersection Kettlewell Ct., (Rt. 5436) Witton Tn., (Rt. 5435) To: Lander Ct., (Rt. 5437), a distance of: 0.15 miles. Right-of-way record was filed on 1/12/2000 with the Office of Clerk To Circuit Court in Pb. 109; Pg. 4, with a width of 40 Ft. · Lander Road, State Route Number: 5434 From: Lander Ct., (Rt. 5437) To: 0.08 Mi. NE of Lander Ct., (Rt. 5437), a distance of: 0.08 miles. Right-of-way record was filed on 1/12/2000 with the Office Of Clerk To Circuit Court in Pb. 109; Pg. 4, with a width of 40 Ft. · Witton Turn, State Route Number: 5435 From: Lander Rd., (Rt. 5434) To: Cul-de-sac, a distance of: 0.05 miles. Right-of-way record was flied on 1/12/2000 with the Office Of Clerk To Circuit Court in Pb. 109; Pg. 4, with a width of 40 Ft. And, further, the Board adopted the following WHEREAS, the street described below recorded in the Clerk's Office of the Chesterfield County; and resolution: is shown on plats Circuit Court of WHEREAS, the Resident Engineer for Department of Transportation has advised street meets the requirements established by Street Requirements of the Virginia Transportation. the Virginia this Board the the Subdivision Department of 02- 791 11/13/02 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 Section 33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements. AND, BE IT FURTHER RESOLVED, that this Board guarantees a clear and unrestricted right-of-way, as described, and any necessary easements for cuts, fills and drainage. AND, BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. Type Chan~le to the Secondary System of State HI;Ihways: Addition Basis for Change: Statutory Reference: Project: From: To: Addition, New subdivision street §33~1-229 Village ¢} Mldlothlan Mulligan Court, State Route Number: 5433 Salisbury Dr., (Rt. 1033) Cul-de-sac, a distance of: 0.12 miles. Right-of-way r~ord was fil~ on ~30/1998 with the Off~e ~ Cle~ To Circuit Couff in Pb. 98; Pg. 48, with a ~dth of ~ Ft. Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. 8.C.4. AUTHORIZATION TO EXECUTE SPECIAL PROJECT SERVICE AGREEMENTFOR DISASTER RECOVERY SERVICES On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board authorized the County Administrator to execute a Special Project Service Agreement for disaster recovery services offered by Central Virginia Waste Management Authority. Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. 8.C.5. AUTHORIZATION TO EXERCISE EMINENT DOMAIN FOR THE ACQUISITION OF EASEMENTS FOR THE RAYON PARK DRAINAGE PROJECT On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board authorized the County Attorney to proceed with eminent domain and exercise immediate right of entry pursuant to Sections 15.2-1904 and 1905 of the Code of Virginia, and instructed the County Administrator to notify the owners by certified mail on November 115, 2002, of the county's intention to take possession of the easements. (It is noted copies of the plats are filed with the papers of this Board.) Ayes: Miller, warren, Barber, Humphrey and McHale. Nays: None. : 02- 792 11/13/02 8 .C. 6. RENEWAL OF LEASE FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT OFFICE On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board approved a lease with J. C. M. Partnership for 1,426 square feet of office space at 10100 Ironbridge Road, Suite 110, for the Community Development Block Grant Office, and authorized the County Administrator to execute the lease agreement. (It is noted a copy of the vicinity sketch is filed with the papers of this Board.) Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. 8.C.7. REQUESTS FOR PERMISSION 8.C.7.a. FROM ARVILLE L. COMPTON AND GLORIA V. COMPTON TO INSTALL A PRIVATE WATER SERVICE WITHIN A FIFTY-FOOT UNIMPROVED COUNTY RIGHT OF WAY TO SERVE PROPERTY ON WALMSLEY BOULEVARD On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board approved a request from Arville L. Compton and Gloria V. Compton for permission to install a private water service within a 50-foot unimproved county right of way to serve property at 8131 Walmsley Boulevard, subject to the execution of a license agreement, and authorized the County Administrator to execute the water connection agreement. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. 8.C.7.b. FROM CHARLES M. LANDENANDCAROL LANDEN FOR A CONCRETE DUMPSTER PAD AND WOODEN ENCLOSURE TO ENCROACH WITHIN A SIXTEEN-FOOT SEWER EASEMENT On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board approved a request from Charles M. Landen and Carol Landen for permission for a concrete dumpster pad and wooden enclosure to encroach within a 16-foot sewer easement, 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: Miller, Warren, Barber, Humphrey and McHale. Nays: None. 8.C.8. APPROVAL OF A PIPELINE CROSSING AGREEMENT WIT~ CSX TRANSPORTATION, INCORPORATED On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board authorized the County Administrator to execute a pipeline crossing agreement with CSX Transportation, Incorporated for the installation of a water line for the Ruffin Mill Waterline Extension, Phase II project. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. 02- 793 11/13/02 8.C.9. APPROPRIATION OF FEDERAL GRANT FUNDS FOR THE CHESTERFIELD/COLONIAL HEIGHTS DRUG COURT On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board appropriated $327,341 in Department of Health and Human Services grant funds for the maintenance and enhancement of the Chesterfield/Colonial Heights Drug Court Program. Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. 8.C.10. SET DATE FOR PUBLIC HEARING TO CONSIDER THE TAX EXEMPTION OF FIRST TEE CHESTERFIELD On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board set the date of December 18, 2002 at 7:00 p.m. for a public hearing to consider the tax exemption request of First Tee Chesterfield. Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. 8.C.11. REQUEST TO QUITCLAIM INGRESS AND EGRESS EASEMENTS FOR THE MICHAUX CREEK WASTEWATER PUMP STATION On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute quitclaim deeds to vacate ingress and egress easements for the Michaux Creek Wastewater Pump Station. (It is noted a copy of the vicinity sketch is filed with the papers of this Board.) Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. 8.C.12. APPROVAL OF CHANGE ORDERS TO THE CONSTRUCTION CONTRACT WITH HALEY BUILDERS CONSTRUCTION COMPANY FOR THE AIRPORT TERMINAL ADDITION/RENOVATION PROJECT On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board authorized the County Administrator to execute change orders 4 and 5 with Haley Builders Construction Company, in the amount of $90,283, for the Airport Terminal addition/renovation project, and appropriated $57,962 in anticipated state reimbursement for the project. Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. 8.C.13. AWARD OF CONSTRUCTION CONTRACT TO SOUTHSIDE TANK SERVICE FOR RAYON PARK DRAINAGE PROJECT On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board awarded a construction contract for the Rayon Park Drainage Project to Southside Tank Service in the amount of $116,653; authorized the transfer of $84,047.07 from completed drainage 02- 794 11/13/02 .j projects; and authorized the County Administrator to execute the necessary documents. Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. The following item was removed from the Consent Agenda for Board discussion: 8.C.2.&. TRANSFER OF DISTRICT IMPROVEMENT FUNDS FROM THE MATOACA DISTRICT IMPROVEMENT FUND TO THE FIRE DEPARTMENT TO SPONSOR LIEUTENANT LONNIE LEWIS TO ATTEND THE FIREFIGHTER COMBAT CHALLENGE NATIONAL COMPETITION Mrs. Humphrey stated that the Winterpock community has agreed to privately sponsor Mr. Lonnie Lewis to attend the event. Mrs. Humphrey then made a motion, seconded by Mr. McHale, for the Board to withdraw Item 8.C.2.a. from the Agenda. Ayes: Miller, Warren, Barber, Humphrey and McHale. 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 Mrs. Humphrey, seconded by Mr. McHale, the Board accepted the following reports: A report on Developer Water and Sewer Contracts; a Status Report on the General Fund Balance, Reserve for Future Capital Projects, District Improvement Funds, and Lease Purchases; and a Report from the Parks and Recreation Advisory Commission regarding conducting national criminal background checks on coaches of co-sponsored organizations. Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. 11. DINNER On motion of Mr. McHale, seconded by Mr. Barber, the Board recessed to the Administration Building, Room 502, for dinner. Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. Reconvening: 02- 795 11/13/02 12. INVOCATION Reverend Clifford Lewis, Associate Pastor of Cornerstone Baptist Church, gave the invocation. 13. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Eagle Scout Evan Moore led the Pledge of Allegiance to the flag of the United States of America. 14. RESOLUTIONS ~-ND SPECIAL RECOGNITIONS 14.A. RECOGNIZING BOY SCOUTS UPON ATTAINING THE RANK OF EAGLE SCOUT 14.A.1. CHRISTOPHER GIBBS, DALE DISTRICT Mr. Hammer introduced Mr. Christopher Gibbs 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 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. Christopher L. Gibbs, Troop 880, sponsored by Beulah United Methodist 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, Christopher 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, this 13th day of November 2002, hereby extends its congratulations to Mr. Christopher L. Gibbs 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: Miller, Warren, Barber, Humphrey and McHale. Nays: None. 02- 796 11/13/02 Mr. Miller presented the executed resolution and patch to Mr. Gibbs, accompanied by members of his family, congratulated him on his outstanding achievement, and wished him well in his future endeavors. Mr. Gibbs expressed appreciation to his family, members of his troop and God for their support. friends, 14.A.2. CHRISTOPHER D'ALESSIO, DALE DISTRICT Mr. Hammer introduced Mr. Christopher D'Alessio 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 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. Christopher W. D'Alessio, Troop 880, sponsored by Beulah United Methodist 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, Christopher 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, this 13th day of November 2002, hereby extends its congratulations to Mr. Christopher W. D'Alessio 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: Miller, Warren, Barber, Humphrey and McHale. Nays: None. Mr. Miller presented the executed resolution and patch to Mr. D'Alessio, accompanied by members of his family, congratulated him on his outstanding achievement, and wished him well in his future endeavors. Mr. D'Alessio expressed appreciation to God, his parents, scoutmaster and members of his troop for their support. 02- 797 11/13/02 14 .A. 3 · JONATHAN MURRAY, DALE DISTRICT Mr. Hammer introduced Mr. Jonathan Murray 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 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. Jonathan B. Murray, Troop 880, sponsored by Beulah United Methodist 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, Jonathan 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, this 13tn day of November 2002, hereby extends its congratulations to Mr. Jonathan B. Murray 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: Miller, Warren, Barber, Humphrey and McHale. Nays: None. Mr. Miller presented the executed resolution and patch to Mr. Murray, accompanied by members of his family, congratulated him on his outstanding achievement, and wished him well in his future endeavors. Mr. Murray expressed appreciation to God, his parents, family and members of his troop for their support. 14.A.~. TYLER RAY, MATOACA DISTRICT Mr. Hammer introduced Mr. Tyler Ray who was present to receive the resolution. On motion of the Board, the following resolution was adopted: 02- 798 11/13/02 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. Tyler Robbins Ray, Troop 890, sponsored by Brandermill 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, Tyler 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, this 13tn day of November 2002, hereby extends its congratulations to Mr. Tyler Robbins Ray 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: Miller, Warren, Barber, Humphrey and McHale. Nays: None. Mr. Miller presented the executed resolution and patch to Mr. Ray, accompanied by members of his family, congratulated him on his outstanding achievement, and wished him well in his future endeavors. Mr. Ray expressed appreciation to God, his church, parents and others for their support. 14.A.5. BRIAN TATUM, MATOACA DISTRICT Mr. Hammer introduced Mr. Brian Tatum 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 02- 799 11/13/02 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. Brian Mitchell Tatum, Troop 890, sponsored by Brandermilt 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, Brian 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, this 13th day of November 2002, hereby extends its congratulations to Mr. Brian Mitchell Tatum 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: Miller, Warren, Barber, Humphrey and McHale. Nays: None. Mr. Miller presented the executed resolution and patch to Mr. Tatum, accompanied by members of his family, congratulated him on his outstanding achievement, and wished him well in his future endeavors. Mr. Tatum expressed appreciation to the Board for the recognition and also to his parents, the Brandermill Church, God and others for their support. 14.A.6. EVAN MOORE, MIDLOTHIAN DISTRICT Mr. Hammer introduced Mr. Evan Moore 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 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 02- 800 11/13/02 WHEREAS, Mr. Evan Thomas Moore, Troop 891, sponsored by Bon Air United Methodist 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, Evan 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, this 13tn day of November 2002, hereby extends its congratulations to Mr. Evan Thomas Moore 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: Miller, Warren, Barber, Humphrey and McHale. Nays: None. Mr. Miller presented the executed resolution and patch to Mr. Moore, accompanied by members of his family, congratulated him on his outstanding achievement, and wished him well in his future endeavors. Mr. Moore expressed appreciation to his parents, friends and others for their support. family, 14.A.7. ANDREW FRANKLIN, CLOVER HILL DISTRICT Mr. Hammer introduced Mr. Andrew Franklin 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 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. Andrew Hartley Franklin, Troop 890, sponsored by Brandermill 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 02- 801 11/13/02 society, Andrew 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, this 13tn day of November 2002, hereby extends its congratulations to Mr. Andrew Hartley Franklin 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: Miller, Warren, Barber, Humphrey and McHale. Nays: None. Mr. Miller presented the executed resolution and patch to Mr. Franklin, accompanied by members of his family, congratulated him on his outstanding achievement, and wished him well in his future endeavors. Mr. Franklin expressed appreciation to his church, parents, grandparents and members of his troop for their support. 14.B. RECOGNIZING THE BRANDERMILL COMMUNITY ASSOCIATION FOR CONTINUED EXCELLENCE Mr. Kappel introduced Mr. John Hughes and Mr. Jason Livingston, members of the Brandermill Community Association Board of Directors, who were present to receive the resolution. On motion of the Board, the following resolution was adopted: WHEREAS, since its inception in 1974, the Brandermill Community has represented excellence in quality of life; and WHEREAS, the Brandermill Community Association has long been recognized as being one of the foremost organizations of its kind in Virginia; and WHEREAS, the Central Virginia Chapter of the Community Association Institute has recognized the Brandermill Community Association as the best among its peers in 1998, 2000, 2001 and now once again in 2002; and WHEREAS, this award recognizes sound business development and planning, dedication to protecting the natural environment, and an active leadership role in participation with local government; and WHEREAS, it is due to the diligence of the Brandermill Community Association that Brandermill continues to be a name associated with excellent quality of life; and WHEREAS, Chesterfield County recognizes the value of strong, active community associations and their contributions to the overall quality of life in Chesterfield County. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors, this 13th day of November 2002, publicly recognizes the Brandermill Community Association, expresses its congratulations on attainment of this well- deserved recognition from the Central Virginia Community 02- 802 11/13/02 Association Institute, and extends best wishes for continued success. Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. Mr. Warren presented the executed resolution to Mr. Hughes and Mr. Livingston, and congratulated them on the accomplishments of the Brandermill Community Association. Mr. Hughes thanked God and stated that he is blessed to be living in Chesterfield County. He expressed appreciation to the Board for their leadership and county staff for their support of Brandermill residents and all county citizens. Mr. Livingston expressed appreciation to Mr. Hughes and Mr. Mike Divita, Brandermill Community Manager, for their commitment to making Brandermill a wonderful place to live. 15. PUBLIC HEARINGS 15.A. TO CONSIDER THE ADOPTION OF AN AMENDMENT TO THE PLAN FOR CHESTE~IELD ENTITLED WATER QU~I~ PROTECTION PLAN Ms. Joan Salvati, Water Quality Administrator, stated that this date and time has been advertised for a public hearing to consider the adoption of the Water Quality Protection Plan amendment to The Plan for Chesterfield. She further stated that the plan is a requirement of the Chesapeake Bay Preservation Act, and reviewed the seven required elements of the plan. She stated that staff recommended 23 strategies for the plan categorized in four management areas - continuation and/or enhancement of existing programs; development of partnerships; new initiatives; and new regulations. She outlined the recommendations under each of the four categories. Discussion ensued relative to using the zoning process to promote the preservation of vegetated stream buffers. Ms. Salvati stated that the new initiative of promoting the preservation of vegetated stream buffers through the zoning process only applies to persons who are requesting rezoning of their property. She stated that the Chesapeake Bay Local Assistance Department has reviewed the plan and will be recommending approval to their Board., and noted that the Planning Commission unanimously recommended approval of the plan. Discussion ensued relative to pollution sources throughout the county. ?~en asked, Ms. Salvati stated that staff has not identified farming as one of the primary sources of contamination. Mrs. Humphrey stated that pesticide use is not a large practice in the county. Mr. Barber expressed concerns relative to animal waste in streams. 02- 803 11/13/02 Ms. Salvati noted that Frank's Branch in Matoaca is one of the healthiest streams in the county and is located in a heavy agricultural area. Mrs. Humphrey stated that many people feel the county should have its own Soil and Water Conservation District. She requested that staff explore whether services provided through the Virginia Association of Soil and Water Conservation Districts should be shifted from the Extension Office to Environmental Engineering because of the new partnership with farmers and water quality initiatives. Mr. Miller called for the public hearing. Ms. Diana Parker, representing the Sierra Club, stated that she feels the proposed plan must be adopted for the county to remain a responsible leader in protecting its water sources. She further stated that the Sierra Club supports the goals of the proposed plan and feels a budget must be provided to sustain enforcement of the plan. Mr. John Kinch, representing the Farm Bureau, expressed appreciation for the Board's support of the farming community and its conservation measures. He suggested that before conservation measures are implemented, it is necessary to look at their impact upon the community. He stated that he feels a Chesterfield Soil and Water Conservation District would be a viable initiative, and indicated that there is a lot of support for this. He further stated that farmers have been conserving the land for years, and indicated that the Farm Bureau supports the proposed plan as long as it adheres to fundamental sound, sensible practices by which farmers can grow. Mr. Roger Habeck, President of the Chesterfield County Chamber of Commerce, stated that he feels the plan has been developed exceedingly well. He expressed concerns relative to the effect of the proposed plan on small businesses, stating that requiring them to reduce pollution sources could add a burden for them and possibility drive them out of business. He stated that he feels pollution sources should be dealt with in large groups rather than by individual situation to alleviate the impact upon small businesses. There being no one else to speak to the issue, the public hearing was closed. After brief discussion, on motion of Mr. Warren, seconded by Mrs. Humphrey, the Board adopted the Water Quality Protection Plan amendment to The Plan for Chesterfield. Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. 15.B. TO CONSIDER AN ORDINANCE ESTABLISHING THE ~ARSENAL DRIVE, HINSHAW DRIVE, DARBY DRIVE AND DARBY CIRCLE WATER ASSESS~TT DISTRICT" FOR 34 LOTS IN THE ARSENAL HILLS/HUGUENOT HUNDRED AREA Mr. Bryant stated that this date and time has been advertised for a public hearing to consider an ordinance establishing the "Arsenal Drive, Hinshaw Drive, Darby Drive and Darby 02- 804 11/13/02 Circle Water Assessment District." He further stated that 26 property owners support the ordinance and eight oppose it. He noted that the current interest rate on one-year United States Treasury Bills is 1.32 percent. Mr. Miller called for the public hearing. Mr. Jerry Miller, a resident of Darby Drive, stated that he supports the effort and appreciates the option of extending payment over several years. He expressed concerns relative to health and safety issues, such as loss of power and water and lack of fire hydrants in the area. Mr. Phil Walker, a resident of Darby Drive, stated that he supports the ordinance because he wants his children to have a safe, reliable and effective water supply. Mr. Peter Stech, a resident of Darby Drive, expressed concerns relative to the quality of his present water supply and stated that he supports the proposal. Mr. Gary Smith, a resident of Arsenal Drive, stated that he no longer drinks his well water because it contains a large concentration of radon. He further stated that he supports the proposed water assessment district. Mr. Frank Digney, a resident of Hinshaw Drive, stated that he does not support the assessment district. He further stated that generators can be used when electricity is lost and green sand filters, which cost well under $1,000, will filter minerals out of water as well as prevent staining of porcelain bath fixtures. Mr. Chris Isenberg, a resident of Arsenal Drive, stated that his family has enjoyed an uninterrupted flow of excellent quality well water since purchasing his home in 1986. He further stated that the water concerns expressed by his neighbors can all be addressed, and indicated that he does not feel connection to public water is the most prudent and equitable solution. Ms. Diane Chess, a resident of Darby Drive, expressed concerns relative to power outages in the area and stated that she met with a representative of Virginia Power who indicated that because of low density and being a largely wooded area, Arsenal Hills is a prime location to lose power and the last to have it restored. She stated that she initiated the proposed assessment district after determining that it could not be done cheaper through a private company. She further stated that she does not want to impose an unnecessary financial burden on anyone in the neighborhood, and indicated that residents can still retain their wells and not have to pay the connection fee. There being no one else to speak to the ordinance, the public hearing was closed. Mr. Barber stated that assessing all the properties is the only option to establish an assessment district fairly. He further stated that he generally does not support imposing sums of payment on people that they are not willing to take on for themselves. He stated that the concerns expressed have been health and safety concerns rather than those of 02- 805 11/13/02 convenience or a matter of choice, and the majority of the residents support the assessment district; therefore, he feels it approval of the district is the right thing to do in this case. Mr. Barber, then made a motion, seconded by Mr. Warren, for the Board to adopt the following ordinance: AN ORDINANCE TO CREATE THE ARSENAL DRIVE, HINSHAW DRIVE, CHEROKEE ROAD, DARBY DRIVE AND DARBY CIRCLE SPECIAL TAX OR ASSESSMENT WATER DISTRICT BE IT ORDAINED Chesterfield County: by the Board of Supervisors of (1) That the Arsenal Drive, Hinshaw Drive, Cherokee Road, Darby Drive and Darby Circle Special Tax or Assessment Water District is created as follows: Section 1. Definitions. In the context of this ordinance, the following words shall have the following meaning: District: The Arsenal Drive, Hinshaw Drive, Cherokee Road, Darby Drive and Darby Circle Special Tax or Assessment Water District. Map of the District: The map entitled ~Proposed Arsenal Drive, Hinshaw Drive, Cherokee Road, Darby Drive and Darby Circle Water Assessment District" prepared by the County Department of Utilities, which map is on file with the director of utilities. Section 2. Establishment of Victoria Lane Special Tax or Assessment Water District. Pursuant to Code of Virginia, Section 15.2-2404 et seq., there is hereby created in the county the Arsenal Drive, Hinshaw Drive, Cherokee Road, Darby Drive and Darby Circle Special Tax or Assessment Water District. The area of the district shall be and the same is hereby fixed within the boundaries depicted on the map of the district. Section 3. Construction of certain water facilities in and adjacent to the district. The utilities department shall cause to be constructed in and adjacent to the district the water line and appurtenant facilities depicted on the map of the district. Section 4. Taxes or assessments upon owners of property located within the district. The cost of construction of the water line and appurtenant facilities located within the district shall be apportioned among the owners of property abutting the water line. The amount of the tax or assessment charged to each such owner shall be one thirty-fourth (1/34) of the total cost of the improvements constructed within the district, including the legal, financial and other directly attributable costs incurred by the County. The one thirty-fourth (1/34) charge shall be assessed against each lot located in the district. 02- 806 11/13/02 The amount finally taxed or assessed against each landowner shall be reported to the treasurer as soon as practicable after completion of the water line and appurtenant facilities located within the district, and the treasurer shall enter the same as provided for other taxes. Section 5. Installment payment of assessments. Any person against whom an assessment provided for in this article has been finally made shall pay the full amount of the assessment provided for in this article, on the due date of the first tax bill on which such assessment is shown. In no event, however, shall any part of the assessment be due prior to the completion of the water line and appurtenant facilities constructed pursuant to this article. As an alternative to payment as provided above, a person against whom an assessment provided for in this article has been made may pay such assessment in forty (40) equal semiannual principal installments over a period of twenty (20) years, together with simple interest on the unpaid principal balance at an annual rate equal to the interest rate of one-year United States Treasury Bills on the date when the ordinance was adopted. The first of such installments shall be due on and interest on the unpaid principal balance shall accrue from the date on which the full amount of the assessment would otherwise have been due as provided above. Section 6. This ordinance shall not be set out in the County Code but shall be kept on file in the office of the director of utilities. (2) This ordinance shall be in effect immediately upon its adoption. And, further, the Board appropriated $210,800 for the project from the water fund balance, and set an interest rate at 1.32 percent (the current interest rate on one-year United States Treasury Bills.) Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. 15.C. TO CONSIDER AMENDING AN EXISTING ORDINANCE TO MODIFY THE ~VICTORIA LANE WATER ASSESSMENT DISTRICT" Mr. Bryant stated that this date and time has been advertised for a public hearing to consider amending an existing ordinance to modify the "Victoria Lane Water Assessment District." Mr. Miller called for the public hearing. No one came forward to speak to the amendment. On motion of Mr. Barber, seconded by Mr. McHale, the Board adopted the following ordinance amendment: 02- 807 11/13/02 AN ORDINANCE AMENDING AN ORDINANCE TO CREATE THE VICTORIA LANE SPECIAL TAX OR ASSESSMENT WATER DISTRICT BE IT ORDAINED Chesterfield County: by the Board of Supervisors of (1) That the Victoria Lane Special Tax or Assessment Water District is created as follows: Section 1. Definitions. In the context of this ordinance, the following words shall have the following meaning: District: The Victoria Lane Special Tax or Assessment Water District. Map of the District: The map entitled ~Proposed Modification to the Victoria Lane Water Assessment District" prepared by the County Department of Utilities, which map is on file with the director of utilities. Section 2. Establishment of Victoria Lane Special Tax or Assessment Water District. Pursuant to Code of Virginia, Section 15.2-2404 et seq., there is hereby created in the county the Victoria Lane Special Tax or Assessment Water District. The area of the district shall be and the same is hereby fixed within the boundaries depicted on the map of the district. Section 3. Construction of certain water facilities in and adjacent to the district. The utilities department shall cause to be constructed in and adjacent to the district the water line and appurtenant facilities depicted on the map of the district. Section 4. Taxes or assessments upon owners of property located within the district. The cost of construction of the water line and appurtenant facilities located within the district shall be apportioned among the owners of property abutting the water line. The amount of the tax or assessment charged to each such owner shall be one fourteenth (1/14) of the total cost of the improvements constructed within the district, including the legal, financial and other directly attributable costs incurred by the County. The one fourteenth (1/14) charge shall be assessed against each lot located in the district. The amount finally taxed or assessed against each landowner shall be reported to the treasurer as soon as practicable after completion of the water line and appurtenant facilities located within the district, and the treasurer shall enter the same as provided for other taxes. Section 5. Installment payment of assessments. Any person against whom an assessment provided for in this article has been finally made shall pay the full amount of the assessment provided for in this article, on the due date of the first tax bill on which such assessment is shown. In 02- 808 11/13/02 no event, however, shall any part of the assessment be due prior to the completion of the water line and appurtenant facilities constructed pursuant to this article. As an alternative to payment as provided above, a person against whom an assessment provided for in this article has been made may pay such assessment in forty (40) equal semiannual principal installments over a period of twenty (20) years, together with simple interest on the unpaid principal balance at an annual rate equal to the interest rate of one-year United States Treasury Bills on the date when the ordinance was adopted. The first of such installments shall be due on and interest on the unpaid principal balance shall accrue from the date on which the full amount of the assessment would otherwise have been due as provided above. Section 6. This ordinance shall not be set out in the County Code but shall be kept on file in the office of the director of utilities. (2) This ordinance shall be in effect immediately upon its adoption. Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. 15.D. TO CONSIDER AN AMEND~NT TO THE ZONING ORDINANCE RELATING TO THE DEFINITION OF GROUP HOMES Mr. Micas stated that this date and time has been advertised for a public hearing to consider an amendment to the Zoning Ordinance relating to the definition of a group home. He further stated that the proposed ordinance would eliminate the category of abused or neglected children and conform the county's definition of group homes to that required by state law. He stated that staff is unaware of any group homes in the abused or neglected category which would be eliminated under the proposed ordinance. Mr. Miller called for the public hearing. No one came forward to speak to the amendment. After brief discussion, on motion of Mr. Barber, seconded by Mr. McHale, the Board adopted the following ordinance: AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING AND RE-ENACTING SECTION 19-301 OF THE ZONING ORDINANCE RELATING TO THE DEFINITION OF A GROUP HOME BE IT ORDAINED Chesterfield County: by the Board of Supervisors of (1) That Section 19-301 of the Code of the County of Chesterfield, 1997, as amended, is amended and re- enacted to read as follows: Sec. 19-301. Definitions. 02- 809 11/13/02 For the purposes of this chapter, the following words and phrases shall have the following meanings: o o o Group home: An adult and/or child caring facility licensed by the State Department Of Mental Health, Mental Retardation And Substance Abuse Services, designed to provide resident services to individuals who are physically handicapped, mentally ill, mentally retarded, or developmentally disabled, in which no more than eight such individuals reside with one or more resident counselors or other staff persons. For the purposes of this section, mental illness and developmental disability shall not include illegal use of or addiction to a controlled substance as defined in Code of Virginia, § 54.1-3401. For the purposes of this chapter, a group home shall be considered a single-family dwelling. o o o (2) That this ordinance immediately upon adoption. shall become effective Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. 15.E. TO CONSIDER THE APPROPRIATION OF FUNDS FOR THE MATOACA ROAD/WOODPECKER ROAD 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 Matoaca Road/Woodpecker Road Intersection Project. Mr. Miller called for the public hearing. No one came forward to speak to the issue. On motion of Mrs. Humphrey, seconded by Mr. McHale, the Board appropriated $1,500,000 in anticipated Virginia Department of Transportation reimbursements for the Matoaca Road/Woodpecker Road Intersection Project. Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. 15.F. TO CONSIDER FY2004 THROUGH FY2009 SECONDARY ROAD SIX YEAR IMPROVEMENT PLAN, FY2003 AND FY2004 SECONDARY ROAD IMPROVEMENT BUDGETS, PROJECT DEVELOP~-NT SCHEDULES FOR CHESTERFIELD ROAD FUND AND REGIONAL SURFACE TRANSPORTATION PRO~RAM FUND, AND DESIGNATION OF FY200~ CHESTERFIELD ROAD FUND PROJECTS Mr. McCracken stated that this date and time has been advertised for a public hearing to consider the FY2004 through FY2009 Secondary Road Six Year Improvement Plan, FY2003 and FY2004 Secondary Road Improvement Budgets, Project Development Schedules for Chesterfield Road Fund and Regional Surface Transportation Fund, Project Development Schedules, and Designation of FY2004 Chesterfield Road Fund Projects. 02- 810 11/13/02 When asked, Mr. McCracken stated that remaining funds from the Centre Street Project will be used for the Marobrith Road Project. Mr. Barber noted that many of the projects awaiting funding on the Six Year Plan have been delayed indefinitely, which is a direct result of state budget impacts. Mrs. Humphrey noted that 13 of the 22 projects being removed from the Six Year Plan are in the Matoaca District. Mr. McCracken introduced Mr. Chris Winstead, Virginia Department of Transportation's (VDOT) Resident Engineer for Chesterfield County. Mr. Winstead stated that it is encouraging to know that a relationship between the county and VDOT exists to maximize transportation dollars as much as possible. He referenced projects being completed that are a direct result of the partnership between VDOT and the county. He expressed appreciation to Mr. McCracken and staff as well as the Board for their support. Mrs. Humphrey expressed appreciation to Mr. Winstead for providing center and edge lines and making other road repairs in the vicinity of the new Matoaca High School. She referenced a couple of areas in the Matoaca District in need of repair. Mr. Barber stated that he appreciates Mr. Winstead's willingness to work with the Board in thinking creatively to deal with traffic issues on a small scale. Mr. Warren requested that Mr. Winstead have the no-outlet sign at Ramsgate and Walhala Drive repaired. Mr. McHale expressed appreciation that the Centralia/Chalkley Road Project has been running very smoothly with very few traffic delays. Mr. Miller called for the public hearing. No one came forward to speak to the issue. On motion of Mr. McHale, seconded by Mrs. Humphrey, 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 FY04 through FY09 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 FY04 through FY09 Six Year Secondary Road Improvement Plan as presented by VDOT. And, be it further resolved, that the Board adopted the following resolution: 02- 811 11/13/02 WHEREAS, the Virginia Department of Transportation (VDOT) has submitted its proposed FY03 and FY04 Secondary Road Improvement Budgets to the County; and WHEREAS, the Budget represents the implementation of the first year of the FY04 through FY09 Six Year Improvement Plan adopted by the Board. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors approves the FY03 and FY04 Secondary Road Improvement Budgets 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; and WHEREAS, the Chesterfield County Board of Supervisors anticipates appropriating $500,000 for the Chesterfield Road Fund with the adoption of the FY04 Appropriation Resolution; and 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 FY04. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors anticipates appropriating $500,000 to be matched by the State for the FY04 Chesterfield Road Fund (Revenue Sharing Program). AND, BE IT FURTHER RESOLVED, that the matched funds shall be allocated to the following projects: $399,830 Old Buckingham Road (Mill Forest Drive to Olde Coalmine Road) Preliminary Engineering, Right- of-way, and Construction ($199,915 VDOT and $199,915 County) $600,170 Matoaca Road/Woodpecker Road Preliminary Engineering, Right-of-way, and Construction ($300,085 VDOT and $300,085 County) And, be it further, resolved, that the Board designated the FY2004 Road Fund Projects Account as follows: $199,915 for the Old Buckingham Road Project and $300,085 for the Matoaca Road/Woodpecker Road Project, after July 1, 2003. And, be it further resolved, that the Board approved the FY2004 through FY2009 Chesterfield Road Fund Project Development SchedUle and the FY2004 through FY2009 Regional Surface Transportation Project Development Schedule. 02- 812 11/13/02 And, be it further resolved, that the Board authorized the County Administrator to enter into the customary 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. Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. 15.0. TO CONSIDERAMEND~ENTS TO COUNTY CODE SECTION 6-48 AND REPEAL OF COUNTY CODE SECTION 6-22 RE~ARDING LICENSE TINS OR TAGS FOR PEDDLERS Mr. Micas stated that this date and time has been advertised for a public hearing to consider an ordinance amendment and the repeal of Section 6-22 of the County Code regarding license tins or tags for peddlers. Mr. Miller called for the public hearing. No one came forward to speak to the ordinances. On motion of Mr. Barber, seconded by Mr. McHale, the Board adopted the following ordinance: AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING AND RE-ENACTING SECTION 6-48 RELATING TO PEDDLERS BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Section 6-48 of the Code of the County of Chesterfield, 1997, as amended, is amended and re-enacted to read as follows: Sec. 6-48. Peddlers Every peddler who is not expressly exempt from a license tax under the provisions of this chapter shall obtain a license for the privilege of doing business in the county and shall pay a license tax as set forth below: (a) Unless otherwise provided in this section or in some other section of this chapter, the license tax for each peddler selling or offering for sale goods, wares and merchandise shall be $500.00 for the license tax year. (b) Any person who sells or offers to sell goods, wares, or merchandise to licensed dealers, other than at a definite place of business operated by the seller, and at the time of such sale or exposure for sale delivers, or offers to deliver, the goods, wares or merchandise to the buyer, is a "peddler at wholesale." Any delivery on the day of sale shall be construed as a delivery at the time of sale. Each peddler at wholesale shall pay a license tax for the tax year; the license tax rate for each peddler at wholesale shall be the same as the license tax rate applicable to a wholesale merchant selling similar goods, wares and merchandise at one definite place of business. 02- 813 11/13/02 (c) No license shall be imposed on any peddler who sells or offers for sale in person or by his employees only the following items or any of them if such items were grown or produced by him or by his employees and were not purchased by him for sale: ice, wood, charcoal, meats, milk, butter, eggs, poultry, game, vegetables, fruits or other family supplies of a perishable nature or farm, domestic or nursery products. (d) A license tax of $25.00 for the license year shall be imposed on any peddler who sells or offers for sale in person or by his employees the following items or any of them if such items were not grown or produced by him or by his employees: meats, milk, butter, eggs, poultry, fish, oysters, seafood, game, vegetables, fruit or other edible family supplies of a perishable nature. (e) A license tax of $25.00 for the license year shall be imposed on any peddler who sells or offers for sale only Christmas trees or Christmas greens not grown or produced by him. (f) A peddler whose activities are conducted solely for charitable purposes and who is not paid for his services shall not be required to pay any license tax under this section. (g) A license tax of $25.00 for the license year shall be imposed on any peddler whose activities are conducted as part of an event conducted or sponsored[ by any department of the county government. (h) A peddler who sells fire wood for home consumption shall not be required to pay any license tax under this section. (i) A peddler's license shall not be transferable and shall not be subject to proration. The full amount of the license tax shall be paid when assessed. (j) It shall be unlawful for a peddler to park, stand, stop or allow a vehicle to remain in any place for the purpose of peddling any longer than is necessary to conclude a sale of any goods, wares or merchandise or a continuous uninterrupted series of sales thereof, and in any event it shall be unlawful for a peddler to park, stand, stop or allow a vehicle to remain in any place for the purpose of peddling more than 30 minutes in any day. (k) The license tax imposed under this section shall be imposed upon each person and each agent of a corporation, association, or other entity who conducts the activities of a peddler; except that peddlers who all peddle from or in close proximity to a vehicle and who all peddle the same type of goods, wares or merchandise may obtain a single peddler license for each vehicle, which shall list the names of all those peddlers peddling from or in close proximity to such vehicle. The license tax for such license shall be the amount of tax that would otherwise have been charged to one of those peddlers. (2) That this ordinance shall become effective immediately upon adoption. And, further, the Board adopted the following ordinance: 02- 814 11/13/02 AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY REPEALING SECTION 6-22 RELATING TO TINS OR TAGS PROVIDED FOR DISPLAY BY PEDDLERS BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Section 6-22 of the Code of Chesterfield, 1997, as amended, is repealed. the County of Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. 15.H. TO CONSIDER ~S TO COUNTY CODE SECTION 9-157 TO CHANGE THE PENALTY PROVISIONS FOR LATE PAYMENT OF THE TRANSIENT OCCUPANCY TAX Mr. Micas stated that this date and time has been advertised for a public hearing to consider changing the penalty provisions for late payment of the transient occupancy tax. Mr. Miller called for the public hearing. No one came forward to speak to the issue. On motion of Mr. McHale, seconded by Mr. Barber, the Board adopted the following ordinance: AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING AND RE-ENACTING SECTION 9-157 RELATING TO PENALTY FOR LATE REMITTANCE OF TRANSIENT OCCUPANCY TA~ BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Section 9-157 of the Code of the County of Chesterfield, 1997, as amended, is amended and re-enacted to read as follows: Sec. 9-157. Penalty for late remittance or false return (a) If a person fails or refuses to pay the county the tax required to be collected and paid under this article within the time and in the amount required, he shall incur a penalty in the amount of ten percent of the tax due, or $10.00, whichever is greater. Interest will accrue on the amount due at a rate of ten percent per year, calculated monthly beginning on the first day of the month following the delinquency. (b) If a person files a false return with the intent to defraud the county of any tax under this article, a penalty of 50 percent of the tax shall be assessed against the person. (2) That this ordinance shall become effective January 1, 2003. Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. 02- 815 11/13/02 15.I. TO CONSIDER A PROPOSED BLIGHT ORDINANCE Mr. Dupler stated that this date and time has been advertised for a public hearing to consider the proposed Spot Blight Ordinance. Mr. Miller called for the public hearing. Mr. John Kinch, representing the Farm Bureau, stated that he supports the proposed ordinance. There being no one else to speak to the ordinance, the public hearing was closed. On motion of Mr. Barber, seconded by Mrs. Humphrey, the Board adopted the following ordinance: AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED BY ADDING SECTIONS 5-7.1, 5-7.2, 51-7.3, 5-7.4, 5-7.5, 5-7.6 AND 5-7.7 RELATING TO SPOT BLIGHT ABATEMENT BE IT ORDAINED Chesterfield County: by the Board of Supervisors of (1) That Sections 5-7.1, 5-7.2, 5-7.3, 5-7.4, 5-7.5, 5- 7.6 and 5-7.7 of the Code of the County of Chesterfield, 1997, as amended, are added to read as follows: Sec. 5-7.1. Purpose. The board of supervisors finds that deteriorating properties, including the improvements and the land on which they are built, have a deleterious effect on property values and the quality of life in the area surrounding them. This spot blight ordinance is enacted to provide for the abatement of blight which threatens the health, safety, morals and welfare of the community. Sec. 5-7.2. Blight abatement authorized. The county may acquire or repair any blighted property, as defined in section 5-7.3, by exercise of the powers of eminent domain and, further, shall have the power to hold, clear, repair, manage or dispose of such property for purposes consistent with this ordinance. In addition, the county may recover the costs of any repair or disposal of such property from the owner. Sec. 5-7.3. Blighted property defined. (a) To be blighted a property must have a building or improvement that by reason of dilapidation, obsolescence, overcrowding, faulty arrangement of design, lack of ventilation, light and sanitary facilities, excessive land coverage, deleterious land use or obsolete layout, or any combination of these or other factors, is detrimental to the safety, health, morals or welfare of the community. This definition shall not include farm buildings and structures not used for residential purposes, located on property with 02- 816 11/13/02 an agricultural zoning classification where farming operations take place, and used primarily for any of the following uses or combination thereof: Storage, handling, production, display, sampling or sale of agricultural, horticultural, floricultural or silvicultural products produced on the farm; o Sheltering, raising, handling, processing or sale of agricultural animals or agricultural animal products; Business or office uses operations; relating to the farm o Use of farm machinery or equipment, or maintenance of storage of vehicles, machinery or equipment on the farm; Storage or use of supplies and materials used on the farm; or 6. Implementation of best management practices associated with farm operations. (b) In determining whether a property meets the definition of blighted set forth above, the county may consider any of the following, or other pertinent, factors: Condemned structure - A structure on the property has been continuously vacant for at least one year, has been condemned as unfit for human occupancy by the building official in accordance with the Virginia Uniform Statewide Building Code, but the building official is unable to find that the criteria for demolition have been met and the owner has failed to take corrective action as directed by the building official; Rat and rodent infestation - There is evidence of rat or rodent infestation or harborages caused by conditions on the property; Previous citations - The property has been used or maintained in a condition which has resulted in the following actions: ao The owner has been cited on a least three separate occasions because activities or conditions on the property violate state or county criminal laws, or county ordinances governing the use or maintenance of property, and those activities or conditions threaten the public heath, safety, morals, and welfare of the community, or The owner has refused to abate violations as ordered by the court, or has repeated conduct for which the owner has been convicted of violating county ordinances in the past. 02- 8Z7 11/13/02 Inadequate facilities - The property has inadequate sewage, septic, plumbing, well or heating facilities; Potential trespass - If the property is vacant, the owner has failed to take adequate precautions to prevent the use of the property by trespassers; o Nuisance to children - A potential attractive nuisance to children exists on the property, including, but not limited to, abandoned wells, basements, excavations, or broken fences; o Fire hazard - Any condition exists on the property that has been specifically identified as a fire hazard by the fire department or the building official; and o Substantial dilapidation of buildings or structures as evidenced by either: Structural collapse of either interior or exterior structural elements such as floors, walls, roofs, porches, decks and similar appendages which do not pose a danger to the public; or bo Removal or rotting of exterior siding, roofing or sheathing exposing structural members to the weather. Sec. 5-7.4. Procedures for declaring blight; notification of owner, public hearings. (a) The county administrator or his designee shall make a preliminary determination that a property is blighted in accordance with section 5-7.3 and shall notify the owner by regular and certified mail, specifying the reasons why the property is considered blighted. The notice mailed to the owner also shall be posted on the property. The owner shall have 30 days within which to respond with a plan that would cure the blight within a reasonable time. (b) Upon approval of the plan to cure blight the owner shall have 90 days to complete all work approved in the plan. The county administrator or his designee may grant extensions of time to complete work where in his opinion the owner has completed substantial portions of the work in compliance with the plan. (c) If the owner fails to respond within the 30-day period set forth in section 5-7.4(a) with a plan that is acceptable to the county administrator or his designee, or fails to complete the work approved in the plan to cure blight and has not been granted an extension of time to complete such, the county administrator or his designee may (i) request the planning commission to conduct a public hearing and make findings and recommendations that shall be reported to the board of supervisors concerning the repair or other disposition of the property in question and (ii) if a public hearing is scheduled, shall prepare a plan for the repair or other disposition of the property. 02- 8~8 11/13/02 (d) Not less than three weeks prior to the date of the public hearing before the planning commission, the commission shall provide, by regular and certified mail, notice of such hearing to (i) the owner of the blighted property or the agent designated by him for receipt of service of notices concerning the payment of real estate taxes on the property; (ii) the abutting property owners in each direction, including those property owners immediately across the street or road from the property; and (iii) the representative neighborhood association, if any, for the immediate area. The notice shall include the plan for the intended repair or other disposition of the property. The notice of the public hearing shall be published at least twice, with not less than six days elapsing between the first and second publication, in a newspaper published or having general circulation in the county. The notice also shall be posted on the property. The notice shall specify the time and place of the hearing at which persons affected may appear and present their views, not less than six days nor more than 21 days after the second publication. (e) The planning commission shall determine whether: 1. The property is blighted; The owner has failed to cure the blight or present a reasonable plan to do so; o The plan for the repair or other disposition of the property is in accordance with the county's comprehensive plan, zoning ordinance, and other applicable land use regulations; The property is located within an area listed on the National Register of Historic Places or, pursuant to Chapter 19 of the County Code, is located within an historic district or is a designated landmark. In such instances, the planning commission shall consult with the preservation committee regarding the proposed repair or other disposition of the property; and If the property is to be acquired, whether the property is occupied for personal residential purposes and whether it has been condemned for human habitation for more than one year. (f) The planning commission shall report its findings and recommendations concerning the property to the board of supervisors. The board of supervisors, upon receipt of such findings and recommendations, may, after an advertised public hearing, affirm, modify, or reject the planning commission's findings and recommendations. If the repair or other disposition of the property is approved, the county may carry out the approved plan to repair or acquire and dispose of the property in accordance with the approved plan, the provision of this section, and applicable law. The county shall have a lien on all property so repaired or acquired under an approved plan to recover the cost of (i) improvements made by the county to bring the blighted property into compliance with applicable building codes and (ii) disposal, if any. The lien authorized by this subsection shall be filed in the 02- 819 11/13/02 circuit court and shall be subordinate to any prior liens of record. The county may recover its costs of repair from the owner of record of the property when the repairs were made at such time as the property is sold or disposed of by such owner. If the property is acquired through eminent domain, the cost of repair may be recovered when the county sells or disposes of the property. In either case, the costs of repair shall be recovered from the proceeds of any such sale. Sec. 5-7.5. Occupied For Residential Purposes Unless otherwise provided for in Title 36 of the Code of Virginia, if the blighted property is occupied for personal residential purposes, the county, in approving the plan, shall not allow for an acquisition of such property if it would result in a displacement of the person or persons living in the premises. The provisions of this subsection shall not apply to acquisitions, under an approved plan, by the county of property which has been condemned for human habitation for more than one year. In addition, the county in exercising the powers of eminent domain in accordance with Title 25 of the Code of Virginia, may provide for temporary relocation of any person living in the blighted property provided the relocation is within the financial means of such person. Sec. 5-7.6. Declaration of nuisance. In lieu of the acquisition of blighted property by the exercise of the powers of eminent domain as herein provided, and in lieu of the exercise of other powers granted in sections 5-7.1 through 5-7.4, the board of supervisors, by ordinance, may declare any blighted property to constitute a nuisance, and thereupon abate the nuisance pursuant to state law. Such ordinance shall be adopted only after written notice by certified mail to the owner or owners at the last known address of such owner as shown on the current real estate tax assessment books or current real estate tax assessment records. Sec. 5-7.7. Provisions cumulative. The provisions of this article shall be cumulative and shall be in addition to any remedies for spot blight abatement that may be authorized by law. (2) That this ordinance immediately upon adoption. shall become effective Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. 15.J. TO CONSIDER AN ORDINANCE AME~NT RELATIVE TO MOTOR VEHICLE SALES, SERVICES AND REPAIR IN A C-3 ZONING DISTRICT Mr. William Poole, Assistant Director of Planning, stated that this date and time has been advertised for a public hearing to consider an ordinance amendment relative to motor vehicle sales, services and repair in a C-3 zoning district. He further stated that both staff and the Planning Commission recommend approval. 02- 820 11/13/02 Mr. Miller called for the public hearing. Mr. Roger Habeck stated that he supports the proposed ordinance and feels it will help solve long-standing problems and difficulties for the business community. No one else came forward to speak to the ordinance. Mr. Barber expressed concerns relative to allowing automobile dealerships with heavy engine repair in C-3 districts. He stated that he wants to review areas where C-3 zoning currently exists in the Midlothian District, and requested a 30-day deferral to do so. Mr. Barber made a motion, seconded by Mr. Warren, for the Board to defer consideration of the ordinance amendment relative to motor vehicle sales, services and repair in a C-3 zoning district until December 18, 2002. Mr. Poole stated that he will provide all Board members with information relative to the location of C-3 zoning in their districts. Discussion ensued relative to closing the public hearing. Mr. Micas stated that, if the Board decided to eliminate entirely motor vehicle sales from an existing zone, he would recommend that the ordinance be sent back to the Planning Commission and re-advertised. It was generally agreed that the public hearing for the proposed ordinance be closed. Mr. Miller called for a vote on the motion of Mr. Barber, seconded by Mr. Warren, for the Board to defer consideration of the ordinance amendment relative to motor vehicle sales, services and repair in a C-3 zoning district until December 18, 2002. Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. 15 .K. TO CONSIDER AN ORDINANCE TO VACATE PORTIONS OF GRASSLAND SUBDIVISIONS Mr. Stith stated that this date and time has been advertised for a public hearing to consider an ordinance to vacate portions of Grassland Subdivisions. Mr. Miller called for the public hearing. No one came forward to speak to the ordinance. On motion of Mr. McHale, seconded by Mr. Barber, the Board adopted the following ordinance: AN ORDINANCE whereby the COUNTY OF CHESTERFIELD, VIRGINIA, ("GRANTOR") vacates to VIRGINIA STATE UNIVERSITY REAL ESTATE FOUNDATION, a Virginia non-stock corporation, ("GRANTEE"), portions of 02- 821 11/13/02 Lots 20 and 21, Grassland, MATOACA Magisterial District, Chesterfield County, Virginia, as shown on a plat thereof duly recorded in the Clerk's Office of the Circuit Court of Chesterfield County in Plat Book 3, at Page 130 and portions of Lots 1 and 2 within Part of Grassland, as shown on a plat thereof duly recorded in the aforesaid Clerk's Office in Plat Book 3, at Page 252. WHEREAS, VIRGINIA STATE UNIVERSITY REAL ESTATE FOUNDATION, a Virginia non-stock corporation, petitioned the Board of Supervisors of Chesterfield County, Virginia to vacate portions of Grassland Subdivisions, MATOACA Magisterial District, Chesterfield County, Virginia, more particularly shown on plats of record in the Clerk's Office of the Circuit Court of said County in Plat Book 3, Page 130, by W. C. RIVERS, C.E., dated APRIL 17, 1916, and Plat Book 3, Page 252, by L. B. DUTROW, C.E., dated SEPTEMBER 14, 1921. The portions of Grassland petitioned to be vacated are more fully described as follows: Portions of Lots 20 and 21, Grassland and portions of Lots 1 and 2 within Part of Grassland, the locations of which are more fully shown on a plat made by VANASSE, HANGEN, BRUSTLIN, INC., dated JUNE 25, 2002, and revised AUGUST 27, 2002 and OCTOBER 24, 2002, a copy of which is attached hereto and made a part of this Ordinance. WHEREAS, notice has been given pursuant to Section 15.2- 2204 of the Code of Virginia, 1950, as amended, by advertising; and, WHEREAS, no public necessity exists for the continuance of the portions of Subdivisions sought to be vacated. NOW THEREFORE, BE IT ORDAINED BY THE SUPERVISORS OF CHESTERFIELD COUNTY, VIRGINIA: BOARD OF That pursuant to Section 15.2-2272 of the Code of Virginia, 1950, as amended, the aforesaid portions of Grassland Subdivisions be and are hereby vacated. This Ordinance shall be in full force and effect in accordance with Section 15.2-2272 of the Code of Virginia, 1950, as amended, and a certified copy of this Ordinance, together with the plat attached hereto shall be recorded no sooner than thirty days hereafter in the Clerk's Office of the Circuit Court of Chesterfield County, Virginia pursuant to Section 15.2-2276 of the Code of Virginia, 1950, as amended. The effect of this Ordinance pursuant to Section 15.2- 2274 is to destroy the force and effect of the recording of the portions of the plats vacated. Accordingly, this Ordinance shall be indexed in the names of the COUNTY OF CHESTERFIELD as GRANTOR, and VIRGINIA 02- 822 11/13/02 STATE UNIVERSITY REAL ESTATE FOUNDATION, a Virginia non-stock corporation, or its successors in title, as GRANTEE. Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. 15.L. TO CONSIDER AN ORDINANCE TO VACATE A PORTION OF A SIXTEEN-FOOT EASEMENT ACROSS LOT 16, BLOCK D, MEADOWBROOKWEST, SECTION F Mr. Stith stated that this date and time has been advertised for a public hearing to consider an ordinance to vacate a portion of a 16-foot easement across Lot 16, Block D, Meadowbrook West, Section F. Mr. Miller called for the public hearing. No one came forward to speak to the ordinance. On motion of Mr. Miller, seconded by Mr. McHale, the Board adopted the following ordinance: AN ORDINANCE whereby the COUNTY OF CHESTERFIELD, VIRGINIA, ("GRANTOR") vacates to JOHN W. DUVAL, ("GRANTEE"), a portion of a 16' easement across Lot 16, Block D, Meadowbrook West, Section F, DALE Magisterial District, Chesterfield County, Virginia, as shown on a plat thereof duly recorded in the Clerk's Office of the Circuit Court of Chesterfield County in Plat Book 16, at Page 59. WHEREAS, JOHN W. DUVAL, petitioned the Board of Supervisors of Chesterfield County, Virginia to vacate a portion of a 16' easement across Lot 16, Block D, Meadowbrook West, Section F, DALE Magisterial District, Chesterfield County, Virginia more particularly shown on a plat of record in the Clerk's Office of the Circuit Court of said County in Plat Book 16, Page 59, by J. K. TIMMONS & ASSOCIATES, dated JULY 10, 1968 recorded July 11, 1968. The portion of easement petitioned to be vacated is more fully described as follows: A portion of a 16' easement, across Lot 16, Block D, Meadowbrook West, Section F, the location of which is more fully shown on a plat made by BALZER AND ASSOCIATES, INC., dated AUGUST 7, 2002, a copy of which is attached hereto and made a part of this Ordinance. WHEREAS, notice has been given pursuant to Section 15.2- 2204 of the Code of Virginia, 1950, as amended, by advertising; and, WHEREAS, no public necessity exists for the continuance of the portion of easement sought to be vacated. NOW THEREFORE, BE IT ORDAINED BY THE SUPERVISORS OF CHESTERFIELD COUNTY, VIRGINIA: BOARD OF 02- 823 11/13/02 That pursuant to Section 15.2-2272 of the Code of Virginia, 1950, as amended, the aforesaid portion of easement be and is hereby vacated. This Ordinance shall be in full force and effect in accordance with Section 15.2-2272 of the Code of Virginia, 1950, as amended, and a certified copy of this Ordinance, together with the plat attached hereto shall be recorded no sooner than thirty days hereafter in the Clerk's Office of the Circuit Court of Chesterfield County, Virginia pursuant to Section 15.2-2276 of the Code of Virginia, 1950, as amended. The effect of this Ordinance pursuant to Section 15.2- 2274 is to destroy the force and effect of the recording of the portion of the plat vacated. This Ordinance shall vest fee simple title of the portion of easement hereby vacated in the property owner of Lot 16, Block D, Meadowbrook West, Section F free and clear of any rights of public use. By execution of this ordinance, GRANTEE does hereby release and hold GRANTOR harmless from any claims for injury or damage to that portion of the improvement located on the vacated portion of the easement resulting from any construction, maintenance, repair or replacement of the County facilities within the easement. Accordingly, this Ordinance shall be indexed in the names of the COUNTY OF CHESTERFIELD as GRANTOR, and JOHN W. DUVAL, or his successors in title, as GRANTEE. Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. 15 .M. TO CONSIDER A REQUEST TO QUITCLAIM A 0.331 ACRE PARCEL OF LAND WITHIN HAWKIN'S WOOD AT THE QROVE, SECTION TWO Mr. Stith stated that this date and time has been advertised for a public hearing to consider a request from The Grove Homeowners Association to quitclaim a 0.331 acre parcel of land within Hawkin's Wood at The Grove, Section 2. Mr. Miller called for the public hearing. No one came forward to speak to the issue. On motion of Mr. Barber, seconded by Mr. McHale, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute a quitclaim deed to convey a 0.331 acre parcel of land to The Grove Homeowners Association. Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. 02- 824 11/13/02 16. ADJOURNMENT On motion of Mr. McHale, seconded by Mr. Barber, the Board adjourned at 8:45 p.m. until November 26, 2002 at 4:00 p.m. Ayes: Miller, Warren, Humphrey, Barber and McHale. Nays: None. La~e B. County Administ~'ator C~al ~ rYma~nMiller 02- 825 11/13/02