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03-12-2003 MinutesBOARD OF SUPERVISORS MINUTES March 12, 2003 Supervisors in Attendances Mr. Arthur S. Warren, Chairman Mr. J. L. McHale, III, Vice Chrm. Mr. Edward B. Barber Mrs. Renny B. Humphrey Mr. Kelly E. Miller Mr. Lane B. Ramsey County Administrator 03-161 Staff in Attendances Colonel Carl R. Baker, Police Department Mr. George Braunstein, Exec. Dir., Community Services Board Mr Craig Bryant, Dir., Utilities Mr Steven Calabro, Dir., County Airport Ms Marilyn Cole, Asst. County Administrator Ms Mary Ann Curtin, Dir., Intergovtl. Relations Mr William W. Davenport, Commonwealth's Attorney Ms Rebecca Dickson, Dir., Budget and Management Mr Robert L. Eanes, Asst. to County Administrator Ms Lisa Elko, CMC Clerk Chief Stephen A. Elswick, Fire Department Ms. Karla Gerner, Dir., Human Resource Mgmt. Mr. Michael Golden, Dir., Parks and Recreation 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. Joseph Horbal, Commissioner of Revenue Mr. Thomas E. Jacobson, Dir., Planning Mr. H. Edward James, Dir., Purchasing Mr. Donald Kappel, Dir., Public Affairs Mr. Louis Lassiter, Dir., Internal Audit Mr. Michael Likins, Coop. Extension Director Ms. Mary Lou Lyle, Dir., Accounting Mr. Mike Mabe, Dir., Libraries Mr. R. John McCracken, Dir., Transportation 03/12/03 Mr Richard M. McElfish, Dir., Env. Engineering Mr Steven L. Micas, County Attorney Mr F. O. Parks, Dir., Information Systems Tech. Mr Francis Pitaro, Dir., General Services Ms Karen F. Russell, Risk Manager Mr James J. L. Stegmaier, Deputy Co. Admin., Management Services Mr. M. D. Stith, Jr., Deputy Co. Admin., Community Development Mr. Thomas Taylor, Dir., Block Grant Office Mr. B. R. Wilkinson, License Inspector Sheriff Clarence Williams, Sheriff's Department Mr. Warren called the regularly scheduled meeting to order at 3:39 p.m. 1. APPROVAL OF MINUTES FOR FEBRUARY 26, 2003 On motion of Mr. McHale, seconded by Mr. Miller, the Board approved the minutes of February 26, 2003, as submitted. Ayes: Warren, McHale, Barber, Humphrey and Miller. Nays: None. 2. COUNTY ADMINISTRATOR'S COMMENTS Mr. Ramsey introduced Mr. Michel Zajur, CEO/President of the Virginia Hispanic Chamber of Commerce to make a presentation to the Board. Mr. Zajur stated that the Virginia Hispanic Chamber of Commerce was formed to build bridges between the Hispanic community and the Virginia business community. He provided details of a ~region to region" proposal for the Greater Richmond Metropolitan Area to become a ~sister city" with the Zacatecas, Mexico region. He stated that this relationship will provide the opportunity for building trade and creating educational and cultural opportunities. 5. RESOLUTIONS AND SPECIAL RECOGNITIONS 5.A. INVITING ZACATECAS, MEXICO TO BECOME A ~SISTER CITY" TO THE METROPOLITAN RIC~I~OND AREA On motion of the Board, the following resolution was adopted: WHEREAS, the ~Sister City" concept was inaugurated by the President of the United States in 1956 to establish greater friendship and understanding between the people of the United States and those of other nations; and 03-162 03/12/03 WHEREAS, all succeeding presidents have endorsed the ~Sister City" concept; and WHEREAS, Chesterfield County, along with Hanover and Henrico counties and the City of Richmond, have been requested by Sister Cities International to establish such a relationship with cities in other nations; and WHEREAS, Chesterfield County endorses this concept as a means of establishing and maintaining cordial and mutually beneficial relationships with international Communities that bear some similarities to Chesterfield County and the Greater Richmond Metropolitan Area; and WHEREAS, the chairmen of the respective county Boards of Supervisors, along with the Mayor of the City of Richmond, are authorized to act as the official representatives of the Greater Richmond Metropolitan Area for this purpose. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors, this 12tn day of March 2003, publicly extends to Zacatecas, Mexico, an invitation to become a ~Sister City" to Chesterfield County and the Greater Metropolitan Richmond Region. AND, BE IT FURTHER RESOLVED, that a copy of this resolution be provided to the Mayor and Council of Zacatecas, Mexico; to Sister Cities International; to the Embassy of Mexico and the United States Embassy in Mexico. Ayes: Warren, McHale, Barber, Humphrey and Miller. Nays: None. Mr. Warren presented the executed resolution to Mr. Zajur and expressed appreciation for the efforts of the Hispanic Chamber of Commerce in fostering relationships such as this. Mr. Zajur expressed appreciation to the Board for its support of the ~sister city" concept. RECOGNIZING MS. ANNE S. MCKENNEY, CHESTERFIELD DISABILITY SERVICES BOARD, FOR HER DEDICATED SERVICE Mr. Hammer introduced Ms. Anne McKenney who was present to receive the resolution. On motion of the Board, the following resolution was adopted: WHEREAS, the Chesterfield County Disability Services was formed as a result of the Disability Services Act of 1992; and WHEREAS, Ms. Anne McKenney served on the Disability Services Board from November 22, 1994 to December 31, 2002; and WHEREAS, Ms. McKenney served as Vice-Chairperson, Chairperson and Treasurer for the Chesterfield Disability Services Board; and 03-163 03/12/03 WHEREAS, Ms. McKenney has served on the Chesterfield Long-Term Care Council; Chesterfield Aging and Disabled Services, Incorporated; Elderly and Disabled Advisory Committee and Citizens Transportation Advisory Committee for the Metropolitan Planning Organization; TRIAD; Transportation Initiatives for Greater Richmond; Deputy for Veteran Affairs Volunteer Services; Executive Committee for the Veterans Service Organization; MCV Spinal Cord Injury Advisory Board; and the Virginia Spinal Cord Injury Council; and WHEREAS, Ms. McKenney, as Government Relations Director of the Virginia Mid-Atlantic Chapter of Paralyzed Veterans of America, lent her expertise for nine years to inform citizens of issues associated to those with disabilities. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors, this 12th day of March 2003, publicly recognizes Ms. Anne McKenney for her contributions to the Disability Services Board and expresses appreciation for her service to all citizens with physical and sensory disabilities. AND, BE IT FURTHER RESOLVED, that a copy of this resolution be presented to Ms. McKenney and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Ayes: Warren, McHale, Barber, Humphrey and Miller. Nays: None. Mr. Warren, accompanied by Mr. Ramsey, presented the executed resolution to Ms. McKenney, and expressed appreciation for her dedicated service on the Disability Services Board. Mr. Ramsey stated that the county is fortunate to have volunteers like Ms. McKenney. Ms. McKenney expressed appreciation to the Board for the recognition and stated that she will always be an advocate for the elderly and disabled. She requested that the Board consider supporting the LINK transit system for the elderly and disabled. Mr. Ramsey welcomed Mr. Brian Johnson, audio-visual technician who will be operating the equipment at future Board meetings. 3. BOARD COMMITTEE REPORTS There were no Board committee reports at this time. REQUESTS TO POSTPONE ACTION, ADDITIONS, OR CHANGES IN THE ORDER OF PRESENTATION On motion of Mr. Barber, seconded by Mrs. Humphrey, the Board moved Item 8.A.,~Acceptance of a Bid to Purchase Chesterfield County Certificates of Participation, Series 2003A and Series 2003B Related to Financing of the Expansion/Renovation of the Juvenile Detention Home and County Jail Replacement Project, to be heard prior to Item 6., Work Sessions; added Item 03-164 03/12/03 8.A.l., Adoption on an Emergency Basis of an Ordinance Banning Open Burning of Debris Waste in the County and Scheduling a Public Hearing to Consider Re-Adoption of the Ordinance; added Item 8.C.14., Instruct Staff and the Planning Commission to Prepare Amendments to the Subdivision and Zoning Ordinances to Legalize Existing Lots that are in Violation of the Subdivision Ordinance; and adopted the Agenda, as amended. Ayes: Warren, McHale, Barber, Humphrey and Miller. Nays: None. 8.A. ACCEPTANCE OF A BID TO PURCHASE CHESTERFIELD COUNTY CERTIFICATES OF PARTICIPATION, SERIES 2003AAND SERIES 2003B RELATED TO FINANCING OF THE EXPANSION/ RENOVATION OF THE JUVENILE DETENTION HOME AND COUNTY JAIL REPLACEMENT PROJECT Ms. Dickson stated that bids received today were for purchasing Certificates of Participation, Series 2003A and 2003B related to financing of the expansion/renovation of the Juvenile Detention Home and County Jail Replacement Project. She stated that the lowest responsible bidder was Davenport · and Company with a true interest cost of 3.68 percent. On motion of Mr. McHale, seconded by Mr. Barber, the Board accepted and approved the bid of Davenport and Company to purchase $3,070,000 principal amount of Certificates of Participation, Series 2003A, and $3,030,000 principal amount of Certificates of Participation, Series 2003B in connection with Certificates of Participation financing for the Expansion/Renovation of the Juvenile Detention Home and the County Jail Replacement Project, at a true interest cost of 3.68 percent. Ayes: Warren, McHale, Barber, Humphrey and Miller. Nays: None. 6. WORK SESSIONS o FY2004 PROPOSED BUDGET PRESENTATIONS COUNTY ADMINISTRATOR'S PROPOSED FY2004 BUIX3ET Mr. Ramsey stated that the proposed FY2004 budget totals $811,653,000 and represents a 2.28 percent increase over the previous year; is balanced within the revenues and resources available; and was prepared around the current tax rates. He further stated that state budget challenge has significantly impacted the county's proposed budget. He stated that revenues have performed well in the area of real estate values. He further stated that the emphasis of additional resources is on the direct service areas to the public and a proposed salary increase of 2.5 percent for county employees. He expressed appreciation to department directors for their efforts in preparing a challenging budget. He called forward Ms. Dickson to present a summary of the County Administrator's proposed FY2004 Biennial Financial Plan. Ms. Dickson reviewed the percentage increase in demand for services from FY91-FY2002; FY2004 proposed tax rates; and 03 -165 03/12/03 local taxes per capita. She stated that primary considerations in preparing the proposed budget included continuing to fund the operating cost of new facilities from the 1996 Bond Referendum; attempting to address reductions in funding from the state; placing priority in the areas of education, public safety and human services; and maintaining a co~fLitment to employees by providing for a 2.5 percent merit increase and approximately 45 percent of the healthcare rate increase. She stated that the proposed budget totals $811,653,000. She reviewed FY2004 projected revenues versus FY2003 adopted revenues and FY2004 estimated expenditures versus FY2003 adopted expenditures. She then reviewed benchmark data relative to several of the county's strategic goals. She reviewed budget initiatives relative to being exemplary stewards of the public trust, including adhering to financial objectives established by the Board; supporting a seven-year $695.7 million proposed Capital Improvement Program (CIP) which begins establishing projects for the next bond referendum and reduces the target ratio of debt service to expenditures from 10 to 8.5; and funding the Reserve for Capital Projects at five percent of projected general governmental expenditures. She then reviewed budget initiatives relative to being the safest and most secure community, including funding 18 Fire positions for new Rivers Bend Fire Station; providing for continued planned enhancements to Emergency Medical Services; adding three additional firefighter positions to address minimum staffing issues; adding a position in Fire to monitor and regulate open burning; adding six positions in the Police Department, including four detectives; increasing the local match for Federal Law Enforcement Grants for Police Officer salaries; providing career development funds in the Police Department; adding funds for overtime and part-time costs in the Sheriff's Department; providing funds for opening of the Clover Hill Police Support facility; providing funds to cover the cost of higher regional jail Der diems due to increasing prisoner counts; providing for additional funding to complete Phase II of the public safety communications project; and providing software/maintenance costs for the new radio communications system. She reviewed the budget initiative relative to being acknowledged for extraordinary quality of life of allocating approximately 69 percent of net property tax revenue to Schools and providing an increase of approximately $5.9 million in local funds. Questions and comments ensued relative to the $5.9 million increase in expenditures for Schools. Ms. Dickson continued to review budget initiatives relative to being acknowledged for extraordinary quality of life, including funding approximately $270,000 for the operating costs of new park facilities and programs and maintaining the annual capital equipment replacement fund in Parks and Recreation; increasing the local match from County/Schools for at risk youth in Comprehensive Services; converting three part-time nurses to full-time in Health; increasing School's support for health nurses; providing funds for additional costs in the Day Reporting Center for Community Corrections; pass through funding for foster care, adoptions and day care services for Social Services; providing additional funding for Senior Connections agency which will provide for resources to coordinate services for senior citizens; providing funds for a Spanish interpreter for document 03-166 03/12/03 translation and customer assistance to address the growing Hispanic population; continuing tax relief for the elderly program; and providing additional general fund support in Mental Health/Mental Retardation to replace lost state revenue. She then reviewed budget initiatives relative to being the employer of choice, including providing a 2.5 percent performance-based merit increase for eligible employees; covering approximately 45 percent of the health care rate increase for employees; and continuing career development programs in public safety. Discussion ensued relative to the tax relief for the elderly program. Ms. Dickson stated that there is a $2,000 cap on tax relief per individual and noted that there are not many individuals who are close to this cap. She further stated that state law allows maximums of approximately $52,000 on income and approximately $195,000 on net worth. She stated that the county's maximums are approximately $44,000 on income and $103,000 on net worth, indicating that there are very few residents being excluded because of their net worth or the $2,000 cap. Mr. Miller requested that staff explore the possibility of increasing the amount of tax relief for those who qualify. Mrs. Humphrey concurred with Mr. Miller that the Board should consider increasing relief under the tax relief for the elderly program because of increased assessments. Ms. Dickson reviewed budget initiatives relative to being the "First Choice" business community, including additional funds for Economic Development opportunities; sustaining the five percent overall reduction in commercial planning fees adopted last year; and continuing targeted tax reductions. She then reviewed budget initiatives relative to being responsible protectors of the environment, including providing for an environmental program to assist in protecting the community and proactively responding to environmental issues; providing nutrient removal facilities at wastewater treatment plants; continuing the maintenance of existing BMPs; and providing for additional funds to cover the cost of increased insurance. She reviewed budget initiatives relative to being a unifying leader for local government, including furthering regional relationships by continuing the commitment to regional initiatives and programs; and providing the county's share of funding for a study to prevent the closure of military bases in the area. She stated that the proposed FY2004 budget will restore the five percent FY2003 budget cuts. She reviewed FY2004 General Fund sources; difference comparison in adopted to proposed budgets from FY2002 through proposed FY2004; FY2004 General Fund uses; FY2004 balancing initiatives; and new positions. When asked, Ms. Dickson stated that the number of new positions does not include the Social Work Supervisor requested by the Social Services Board or the psychologist requested by the Community Services Board. She noted that staff has determined that federal funding will be provided for the Social Work Supervisor position and this change will be reflected on April 9, 2003 when the budget comes before the Board for adoption. She reviewed priority items 03 -16'7 03/12/03 recommended pending results of operations. She then reviewed proposed fee increases, noting that the Planning Commission has recommended a 20 percent cap on any given fee increase, a slight change in the County Administrator's proposal that would result in having to adjust the revenue in the budget. She also noted that, should the Board place a ban on outdoor burning of debris, the proposed burn permit fee would not be necessary. She stated that funding of the Fire and Life Safety Inspector position was proposed to be provided by the burn permit fee. Mr. Miller stated that there has been no fee increase for applications to the Board of Zoning Appeals for some time, and requested that the Board consider directing the Planning Commission to provide a recommendation relative to this issue. Mr. Ramsey stated that staff will provide the Board with the details involved with a Board of Zoning Appeals fee increase. When asked, Mr. Ramsey stated that he supports the Planning Commission's recommendation of a 20 percent cap on any given fee increase. There was brief discussion relative to the co~tunity's view of the proposed fee increases. business When asked, Ms. Dickson stated that the total Schools' budget increase was approximately $18.6 million - $5.9 million from the county; approximately $10 million from the state and $2 million in other sources. Mr. McHale noted that, with the exception of debt service, expenditures are proposed to be increased in every major category. Ms. Dickson stated that the decrease in debt service is a result of staff determining when bonds actually need to be sold to finance future projects, as well as the favorable interest rates received on refunding. She further stated the budget does not reflect a decrease in Schools' debt service. When asked, Ms. Dickson stated that a 2.28 percent increase is proposed in the total operating budget. Mr. Warren thanked Ms. Dickson for her efforts in preparing the budget. MANAGEMENT SERVICES DIVISION Mr. Steqmaier came forward to present Management Services' proposed FY2004 budget. He reviewed the FY2003 adopted budget, FY2004 proposed budget and FY2004 revenue in the area of citizen services, including Airport; Registrar; and Waste and Resource Recovery. He then reviewed the FY2003 adopted budget, FY2004 proposed budget and FY2004 revenue in the area of courts and criminal justice, including Circuit Court; Circuit Court Clerk; Commonwealth's Attorney; General District Court; Juvenile and Domestic Relations Court; Magistrate; Riverside Jail; and the Sheriff's Office. He reviewed FY2003 adopted budget, FY2004 proposed budget and FY2004 revenue in the financial and support area, including 03-168 03/12/03 Buildings and Grounds; General Services Management Services; and Risk Management. Administration; Discussion ensued relative to increased insurance rates for Risk Management. Mr. Steqmaier stated that the most significant increase has been in worker's compensation rates. He continued to review the FY2003 adopted budget, FY2004 proposed budget and FY2004 revenue in the financial and support area, including Assessor's Office; Commissioner of the Revenue; License Inspector; Treasurer; Communications Maintenance; Construction Management; Print Shop; Vehicle Maintenance; Accounting; Internal Audit; IST; and Purchasing. He provided strategic accomplishments relative to being exemplary stewards of the public trust in the areas of Management Services employee support; square foot to worker ratio; Purchasing professional staff to total county employee ratio; cost avoidances in Purchasing; and dollar savings identified per audit dollar spent in Internal Audit; assessment and fiscal integrity and parcels per appraiser in the Assessor's Office; Accounting Department process improvements; and Accounting's values and ethics rating. He then provided strategic accomplishments relative to providing world-class customer service in the areas of Management Services customer service ratings; Information Services Technoloqy Customer Satisfaction Survey results; and License Inspection decal enforcement. He provided a quote from a letter received from the Department of the Air Force regarding the exceptional customer-oriented support and commitment to the members of the Virginia Air National Guard provided by Ms. June Albrecht, an employee of the Accounting Department's Payroll Section. He reviewed strategic accomplishments relative to being the employer of choice and stated that Management Services received an excellent employee satisfaction rating on the Organizational Climate Assessment, providing details of the Management Services Employee Satisfaction Index. He stated that Management Services employees promote good citizenship and community support through their many community service projects and relayed a comment from a citizen who has been touched by the Sheriff's Senior Program. He stated that the County's Fleet Maintenance shop was recently portrayed in Fleet Maintenance magazine - a national publication, indicating that the shop has received nationwide benchmark status because of its excellence in fleet management. Mr. Warren thanked Mr. Steqmaier for his excellent presentation. COMMONWEALTH'S ATTORNEY Mr. Davenport presented the Commonwealth Attorney's proposed FY2004 budget. He stated that it is unknown until the state budget veto session whether the Project Exile Grant funding will continue. He noted that approximately 40 percent of the Project Exile prosecutor's time is spent handling county cases. He stated that his office handles approximately 49 percent more felony cases per prosecutor than the national average. He further stated that the office also prosecutes all misdemeanor and traffic cases, indicating that not all localities do this. He provided benchmark data with Henrico 03-169 03/12/03 County relative to number of judges and funding by Comp Board and locality. He stated that his office provides many services for the benefit of the Police Department, but indicated that loss of funds could impact these services. When asked, Mr. Davenport stated that the office has had virtually no turnover in the past 15 years. He expressed concerns that two of his attorneys will retire this year, and cautioned the Board that he may have to return sometime this year for additional funding to ensure that the efficiency and effectiveness of the Commonwealth Attorney's Office is not lost. Mrs. Humphrey requested that Mr. Davenport keep the Board advised relative to state funding of the Project Exile prosecutor. Mr. Warren expressed appreciation to Mr. Davenport for his presentation. SHERIFF'S OFFICE Sheriff Williams presented the proposed FY2004 budget for the Sheriff's Office. He reviewed the impact of state and county budget cuts for FY2003 and FY2004. He then reviewed efforts to address state and local budget cuts, including freezing of eight positions; reduced operating expenditure in several areas; implementation of the Fair Labor Standards Act (FLSA) policy/procedure changes; and starting an FLSA process action team to reduce overtime. He reviewed increases in the Sheriff's Office Employee Satisfaction Index from 2000 to 2002. He then reviewed significant policy/procedural changes including the Virginia Law Enforcement Professional Standards Commission (VLEPSC) Accreditation and the Objective Jail Classification program. He provided detailed information relative to initiatives to address terrorism/disaster preparedness. He reviewed effectiveness indicators data, including inmate days versus violent incidents; number of persons entering courthouses; number of persons attempting to enter courthouse with weapons; average number of training hours per employee; child support warrants as a results of the Sheriff's Office Fugitive Unit; and charitable and community relations activities. He provided data relative to major workload indicators, including inmate population versus community-based corrections planned projections; county jail committals; courthouse security screenings; and vehicular transports versus video pre-trials. He expressed concerns that the Sheriff's Office must continue to grow in proportion to growth in the law enforcement community and criminal justice system, noting that additional personnel will be needed for the new jail. He thanked the Board and county staff for their support of the Sheriff's Office. Discussion ensued relative to the implementation of FSLA standards regarding overtime in the Sheriff's Office. Mr. Warren thanked Sheriff Williams for his informative presentation. 03-170 03/12/03 7. DEFERRED ITEMS There were no deferred items at this time. 8. NEW BUSINESS 8.A.1. ADOPTION ON AN EMERGENCY BASIS OF AN ORDINANCE BANNING OPEN BURNING OF DEBRIS WASTE IN THE COUNTY AND SCHEDULING A PUBLIC HEARING TO CONSIDER RE- ADOPTION OF THE ORDINANCE Mr. Micas stated that the proposed ordinance would ban open burning of debris waste, indicating that trees on construction sites and other large commercial sites would be required to be mulched or transported to a land disposal rather than being burned on site. He further stated that the ordinance would provide exceptions for people burning their own household gardening debris waste. Mr. Miller inquired as to the reason to adopt the ordinance on an emergency basis. Mr. Barber stated that he has requested that the ordinance be adopted on an emergency basis because we are at the threshold of the season where developers clearing land for roads and development are going to begin burning debris. He expressed concerns relative to the tremendous amount of irritation caused by outdoor burning - soot on cars and houses; breathing problems;- and aggravated asthma conditions. He stated that the Board adopted a temporary burning ban due to the drought, but it was his intention to adopt a permanent burning ban because of health related issues. He further stated that the community strongly supports the ordinance and expressed concerns that over 60 county-wide burn permits have already been issued either verbally or in writing. Mr. Miller expressed concerns relative to developers passing on increased costs to consumers because of a ban on open burning. He stated that he has not had any constituents express concerns to him regarding open burning. Mrs. Humphrey expressed concerns relative to eliminating the permits that have already been granted. Chief Elswick stated that he supports eliminating all outdoor fires. He further stated that leaves can only be burned in certain parts of the county, and two pick-up loads, or smaller, of tree and garden trimmings can be burned anywhere in the county with verbal permission. Mr. Barber made a motion for the Board to adopt the ordinance banning open burning of debris waste in the county on an emergency basis. Due to lack of a second, Mr. Barber's motion failed. Mrs. Humphrey made a motion, seconded by Mr. Miller, for the Board to set the date of April 9, 2003 at 7:00 p.m. for a public hearing to consider adoption of an ordinance banning open burning of debris waste in the county. Ayes: Warren, McHale, Barber, Humphrey and Miller. Nays: None. 03-171 03/12/03 8. B. APPOINTMENTS On motion of Mrs. Humphrey, seconded by Mr. Barber, the Board suspended its rules at this time to allow for simultaneous nomination/appointment/reappointment of members to serve on the Keep Chesterfield Clean Advisory Board. Ayes: Warren, McHale, Barber, Humphrey and Miller. Nays: None. 0 KEEP CHESTERFIELD CLEAN ADVISORY BOARD On motion of Mrs. Humphrey, seconded by Mr. McHale, the Board simultaneously nominated/appointed/reappointed Ms. Joan Cole, representing the Bermuda District; Ms. Holly Faison, representing the Midlothian District; Ms. Henrietta Yaworsky, representing the Dale District; Ms. Pat Roble, representing the Clover Hill District; and Ms. Mary Clair Thomas, representing the Matoaca District, to serve on the Keep Chesterfield Clean Advisory Board, whose terms are effective February 1, 2003 and expire January 31, 2004. Ayes: Warren, McHale, Barber, Humphrey and Miller. Nays: None. 8.C. CONSENT ITEMS On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board removed the following items from the consent agenda for public comment: Item 8.C.8., Initiation of an Application for a Conditional Use Planned Development to Modify Setback Requirements of the Zoning Ordinance to Accommodate the Enclosure of Porches for 93 Lots in Lakepointe Subdivision; Item 8.C.10., Initiation of a Variance Application to the Board of Zoning Appeals for Mrs. Eugenia Grandstaff; and Item 8.C.13., Instruct Staff and Planning Commission to Prepare Amendments to the Subdivision and Zoning Ordinances to Legalize Existing Lots that are in Violation of the Subdivision Ordinance. Ayes: Warren, McHale, Barber, Humphrey and Miller. Nays: None. The following items were removed from the Consent Agenda for either Board discussion or public comment: 8.C.11. APPROVAL OF FY200~ PRIORITY LIST OF PRIMARY AND INTERSTATE NEEDS Mr. McHale inquired about the status of the Kingsdale/Chester Road project. Mr. McCracken stated that the project was in the Virginia Department of Transportation's (VDOT) Six-Year Plan and they have still indicated that they will proceed with the project. He further stated that language may be included in the statement reminding VDOT of their commitment to this project. 03-172 03/12/03 When asked, Mr. McCracken stated it would not be a problem to add this project to the list. Mrs. Humphrey expressed concerns relative to other road projects such as the Genito Road Project that are not on the list but have had commitments made, stating that she will support the list as presented. Mr. McCracken stated that most of the projects Mrs. Humphrey is referring to are in the Secondary Six-Year Plan and these projects should be addressed at the Board's public hearing relative to this. He further stated that the Kingsdale Project had been included in VDOT's Six-Year Plan for Primary Roads. Mrs. Humphrey stated that she will support adding the project to the list as Priority 13. On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board approved the recommended FY2004 priority list of highway projects, with the addition of the Kingsdale/Chester Road Project, and statement regarding Chesterfield's primary and interstate road needs, with additional language regarding the Kingsdale/Chester Road Project. And, further, the Board directed staff to forward the approved priority list and statement to the Commonwealth Transportation Board and Chesterfield County's legislative delegation. (It is noted a copy of the priority list of highway projects and statement are filed with the papers of this Board.) Ayes: Warren, McHale, Barber, Humphrey and Miller. Nays: None. 8.C.8. INITIATION OF AN A~PLICATION FOR A CONDITIONAL USE PLANNED DEVELOPMENT TO MODIFY SETBACK REQUIREMENTS OF THE ZONING ORDINANCE TO ACCOMMODATE THE ENCLOSURE OF PORCHES FOR 93 LOTS IN LAKEPOINTE SUBDIVISION Mr. George Beadles stated that he feels the county should pay the application fee from District Improvement Funds rather than requesting nine homeowners to pay it. Mr. Kirk Turner stated that nine homeowners converted screened porches to glassed-in porches, indicating that the zoning ordinance has a different set of setbacks for porch enclosures; therefore they were in violation of the ordinance. He stated that the only remedy was to go through a conditional use process by making a single application as a community which would require all property owners to participate, or to file individual applications. He further stated that the entire community chose not to participate in the application, and it was unreasonable for nine homeowners to each pay the fee associated with a conditional use planned development, thus the solution was for the homeowners to contribute jointly towards a single application and have the county initiate the application. Ten residents stood in support of the recommendation. 03-173 03/12/03 When asked, Mr. Turner stated that the exception requested will be restricted to Lakepointe Subdivision only. No one else came forward to speak to the issue. On motion of Mr. Warren, seconded by Mrs. Humphrey, the Board initiated an application for a conditional use planned development to modify the setback requirements for 93 lots in Lakepointe Subdivision and waive the zoning disclosure requirements. And, further, the Board appointed Mr. Kirk Turner, Development Manager, to act as agent for the Board of Supervisors. (It is noted the application fee has been paid in full by the property owner.) Ayes: Warren, McHale, Barber, Humphrey and Miller. Nays: None. 8.C.6.&. FROM R. D. JENKINS, JR. AND JENNIFER JENKINS FOR A GRAVEL DRIVEWAY TO ENCROACH WITHIN A THIRTY-THREE FOOT UNIMPROVED RIGHT OF WAY KNOWN AS KINGSLAND STABLES LANE Mr. Miller disqualified himself from voting on this issue because of a potential conflict of interest under the Virginia Conflict of Interest Act and excused himself from the meeting. On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board approved a request from R. D. Jenkins, Jr. and Jennifer Jenkins for permission for a gravel driveway to encroach within a 33-foot unimproved right of way known as Kingsland Stables Lane, 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: Warren, McHale, Barber, and Humphrey. Nays: None. Absent: Miller. Mr. Miller returned to the meeting. 8.C.10. INITIATION OF A VARIANCE APPLICATION TO THE BOARD OF ZONING APPEALS FOR MRS. EUGENIA GRANDSTAFF Mr. Beadles stated that he feels the application fee should be paid from the District Improvement Fund. No one else came forward to speak to the issue. Mrs. Humphrey stated that the applicant already paid the fee and completed the process, and ~after the variance had been approved it was determined that a mistake had been made on the survey. She further stated that, because the applicant has already paid the fee once, she feels the county should pay the second application fee necessary to correct the variance. 03-174 03/12/03 On motion of Mrs. Humphrey, seconded by Mr. Barber, the Board initiated an application for a variance to the lot area requirement at 2809 and 2811 Banbury Road. And, further, the Board appointed Mr. Kirk Turner, Community Development Manager, to act as agent for the Board of Supervisors. Ayes: Warren, McHale, Barber, Humphrey and Miller. Nays: None. 8 .C.13. INSTRUCT STAFF AND THE PLANNING COMMISSION TO PREPARE AMENDMENTS TO THE SUBDIVISION AND ZONING ORDINANCES TO LEGALIZE EXISTING LOTS THAT ARE IN VIOLATION OF THE SUBDIVISION ORDINANCE Mr. George Beadles inquired whether the action requested is to correct lots within just one subdivision or all subdivisions in the county. No one else came forward to speak to the issue. Mr. Ramsey stated that the county is attempting to correct all existing lots that have been created or modified in violation of the subdivision ordinance. Mr. Miller expressed concerns relative to correcting errors of developers or surveyors who were negligent. Mr. Micas stated that, in many cases, the county did not catch the error. He further stated that the discrepancies are becoming more apparent now because of the accuracy of the new GIS system and Circuit Court recording policy. When asked, Mr. Micas stated that this would impact subdivisions created prior to March 2001 that violated the county's subdivision ordinance, no matter who caused the error. Mr. Miller expressed concerns relative to remedying situations when the county was not involved with the violation. Mr. Warren stated that the action requested is to instruct the Planning Commission to prepare amendments, and he feels they will address Mr. Miller's concerns. On motion of Mr. Warren, seconded by Mr. McHale, the Board instructed staff to prepare amendments to the subdivision and zoning ordinances, as necessary, to legalize lots that are currently illegal under the subdivision ordinance. And, further, the Board instructed the Planning Commission to hold a public hearing on such amendments and make its recommendation to the Board no later than June 17, 2003. Ayes: Warren, McHale, Barber, Humphrey and Miller. Nays: None. 03-175 03/12/03 8.C.1. 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 § 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 Change to the Secondary System of State Highways: Basis for Change: Addition, New subdivision street Statutory Reference: §33.1-229 Project: From: To: Addition Amherst, Section 3 Amherst Ridge Loop, State Route Number: 5430 Amherst Ridge Wy., (Rt. 5426) Amherst Ridge Wy., (Rt. 5426), a distance of: 0.22 miles. · From: To: Right-of-way record was filed on 3/5/2001 with the Office Of Clerk To Circuit Court in Pb. 115; Pg. 90, with a width of 40 Ft. Amherst Ridge Loop, State Route Number: 5430 Amherst Ridge Wy., (Rt. 5426) Cul-de-sac, a distance of: 0.03 miles. Right-of-way record was filed on 3/5/2001 with the Office Of Clerk To Circuit Court in Pb. 115; Pg. 90, with a width of 40 Ft. · Amherst Ridge Way, State Route Number: 5426 From: .02 Mi. S of Amherst Ridge Ln., (Rt. 5425) To: Amherst Ridge Lp., (Rt. 5430), a distance of: 0.04 miles. Right-of-way record was filed on 3/5/2001 with the Office Of Clerk To Circuit Court in Pb. 115; Pg. 90, with a width of 50 Ft. 03-176 03/12/03 And, further, the Board adopted the following resolution: WHEREAS, the streets described below are shown on plats recorded in the Clerk's Office of the Circuit Court of Chesterfield County; and WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised this Board the streets meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation. NOW, THEREFORE BE IT RESOLVED, that this Board requests the Virginia Department of Transportation to add the streets described below to the secondary system of state highways, pursuant to § 33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements. AND, BE IT FURTHER RESOLVED, that this Board guarantees a clear and unrestricted right-of-way, as described, and any necessary easements for cuts, fills and drainage. AND, BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. Tv~e Change to the Secondary $Wl~tem of State Hiahwavs: Basis for Change: Addition, New subdivision street Statutory Reference: §33.1-229 Project: From: To: Ad~l!ti~n Roaemont, Section H Aylesford Drive, State Route Number: 5142 .15 Mi. W of Aylesford Ct., (Rt. 5143) Botton Castle Dr., (Rt. 5506), a distance of: 0.13 miles. Right-of-way record was filed on 6/19/2000 with the Office Of Clerk To Circuit Court in Pb. 111; Pg. 53, with a width of 44 Ft. · Ayleeford Drive, State Route Number: 5142 From: Bolton Castle Dr., (Rt. 5506) To: Cul-de-sac, a distance of: 0.03 miles. Right-of-way record was filed on 6/19/2000 with the Office Of Clerk To Circuit Court in Pb. 111; Pg. 53, with a width of 40 Ft. · Bolton Castle Drive, State Route Number: 5506 From: Ay~esford Dr., (Rt. 5142) To: Lander Rd., (Rt. 5434), a distance of: 0.08 miles. Right-of-way record was filed on 6/19/2000 with the Office Of Clerk To Circuit Court in Pb. 111; Pg. 53, with a width of 44 Ft. · Lander Road, State Route Number: 5434 From: Bolton Castle Dr., (Rt. 5506) To: Cul-de-sac, a distance of: 0.03 miles. Right-of-way record was filed on 6/19/2000 with the office Of Clerk To Circuit Court in Pb. 111; Pg. 53, with a width of 40 Ft. 03 -177 03/12/03 · Lander Road, State Route Number: 5434 From: Bolton Castle Dr., (Rt. 5506) To: .09 Mi. W of Bolton Castle Dr., (Rt. 5506), a distance of: 0.09 miles. Right-of-way record was filed on 6/19/2000 with the Office Of Clerk To Circuit Court in Pb. 111; Pg. 53, with a width of 44 Ft. Ayes: Warren, McHale, Barber, Humphrey and Miller. Nays: None. 8.C.2. AUTHORIZATION TO EXECUTE THE SPECIAL PROJECT SERVICE AGREEMENT FOR APPLIANCE AND SCRAP METAL HAULING AND RECYCLING On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board authorized the County Administrator to execute the Fifth Addendum to the Special Project Service Agreement for appliance and scrap metal hauling and recycling services offered by Central Virginia Waste Management Authority. Ayes: Warren, McHale, Barber, Humphrey and Miller. Nays: None. 8.C.3. AWARD OF PHASE 'A' OF THE JAIL REPLACEMENT CONSTRUCTION CONTRACT TO S. W. ROGERS INCORPORATED On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board authorized the County Administrator to execute a construction contract for Phase 'A' of the Jail Replacement Project to S. W. Rogers Incorporated in the amount of $624,900. Ayes: Warren, McHale, Barber, Humphrey and Miller. Nays: None. 8.C.4. SET DATE FOR PUBLIC HEARINGS 8 .C.4 .a. TO REVISE FY2003 SCHOOL OPERATING FUND APPROPRIATIONS On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board set the date of April 9, 2003 for a public hearing to consider revisions to FY2003 School Operating Fund appropriations. Ayes: Warren, McHale, Barber, Humphrey and Miller. Nays: None. 8.C.a.b. TO CONSIDER THE APPROPRIATION OF FUNDS RECEIVED FROM THE DEPARTMENT OF MEDICAL ASSISTANCE SERVICES AND AUTHORIZATION TO EXECUTE RELATED DOCUMENTS On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board set the date of April 9, 2003 at 7:00 p.m. for a public hearing to consider the appropriation of up to $12,000,000 from the Department of Medical Assistance Services and authorization for the County Administrator to execute documents and complete the transaction. Ayes: Warren, McHale, Barber, Humphrey and Miller. Nays: None. 03-178 03/12/03 8 .C.5. CONVEYANCE OF EASEMENTS 8.C.5.a. TO VERIZON VIRGINIA INCORPORATED 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 an easement agreement with Verizon Virginia Incorporated to install underground cable on county property for the new River's Bend Fire Station No. 18, 901 Bermuda Hundred Road. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Warren, McHale, Barber, Humphrey and Miller. Nays: None. 8.C.5.b. TO VIRGINIA ELECTRIC AND POWER COMPANY 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 an easement agreement with Virginia Electric and Power Company for underground and overhead cable to serve the Chesterfield County Jail renovation project. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Warren, McHale, Barber, Humphrey and Miller. Nays: None. 8.C.6. 8.C.6.b. REQUESTS FOR PERMISSION FROM HUGUENOT VILLAGE ACQUISITION COMPANY, L.L.C. FOR A CONCRETE DUMPSTER PAD TO ENCROACH WITHIN A SIXTEEN-FOOT SEWER EASEMENT On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board approved a request from Huguenot Village Acquisition Company, L.L.C. for permission for a concrete dumpster pad 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: Warren, McHale, Barber, Humphrey and Miller. Nays: None. 8.C.7. ACCEPTANCE OF A PARCEL OF LAND ALONG THE EAST RIGHT OF WAY LINE OF OTTERDALE ROAD FROM HARRY F. ZAHN AND LOIS W. ZAHN On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board accepted the conveyance of a parcel of land containing 0.224 acres along the east right of way line of Otterdale Road (State Route 667) from Harry F. Zahn and Lois W. Zahn, and authorized the County Administrator to execute the deed. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Warren, McHale, Barber, Humphrey and Miller. Nays: None. 03-179 03/12/03 8.C.9. ADOPTION OF RESOLUTION RECOGNIZING FIREFIGHTER ROBERT K. CLARKE, DEPARTMENT OF FIRE AND EMERGENCY MEDICAL SERVICES, UPON HIS RETIREMENT On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board adopted the following resolution: WHEREAS, Firefighter Robert K. Clarke retired from the Chesterfield Fire and Emergency Medical Services Department, Chesterfield County, on February 1, 2003; and WHEREAS, Firefighter Clarke has faithfully served the county for twenty-nine years in both the Police Department and the Fire and Emergency Medical Services Department; and WHEREAS, Officer Clarke was hired as a Police Dispatcher in 1974; promoted to Police Officer in 1975; completed central Police Training School in 1975; and served as a Field Training Officer from 1976 until 1989; and WHEREAS, Officer Clarke has received numerous commendations from citizens, other police officers, and supervisors for his courtesy, professionalism, devotion and dedication to duty resulting in arrest of felony suspects and the recovery of stolen property; and WHEREAS, in October 1983 while off-duty, Officer Clarke observed a vehicle matching the description of one wanted in connection with a rape case, obtained the license number and registration information resulting in a quick resolution of the case; and WHEREAS, Firefighter Clarke joined the Fire and Emergency Medical Services Department in 1989, completed Recruit School #22 and served as a Firefighter at the Dutch Gap, Matoaca, Manchester, Clover Hill, Buford and Ettrick Fire Stations; and WHEREAS, Firefighter Clarke was presented a Lifesave Award in February 1991 for his actions at a motor vehicle accident scene where the patient was in a creek after having been thrown from the car. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors, this 12tn day of March 2003, recognizes the contributions of Mr. Robert K. Clarke; expresses the appreciation of all residents for his service to the county; and extends appreciation for his dedicated service and congratulations upon his retirement. Ayes: Warren, McHale, Barber, Humphrey and Miller. Nays: None. 8.C.12. APPROVAL OF DISTRICT IMPROVEMENT FUNDS 8.C.12.&. INITIATION OF A CONDITIONAL USE APPLICATION TO PERMIT A BOARDING HOUSE ON PROPERTY OWNED BY SAINT BARNABAS EPISCOPAL CHURCH AND TRANSFER OF DISTRICT IMPROVEMENT FUNDS FROM THE DALE AND MIDLOTHIAN DISTRICT IMPROVEMENT FUNDS TO THE PLANNING DEPARTMENT FOR THE CONDITIONAL USE APPLICATION FEE 03-180 03/12/03 On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board initiated a conditional use application to permit a boarding house on property owned by Saint Barnabas Episcopal Church. And, further, the Board transferred $1,000 each from the Dale and Midlothian District Improvement Funds to the Planning Department for the conditional use application fee. Ayes: Warren, McHale, Barber, Humphrey and Miller. Nays: None. 8.C.12.b. FROM THE BERMUDA, CLOVER HILL, DALE, MATOACAAND MIDLOTHIAN DISTRICT IMPROVEMEN~ FUNDS TO THE SCHOOL BOARD FOR POST PROM CELEBRATIONS On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board transferred $1,600 from the Bermuda District Improvement Fund, $2,100 from the Clover Hill District Improvement Fund, $1,600 from the Dale District Improvement Fund, $2,100 from the Matoaca District Improvement Fund and $2,100 from the Midlothian District Improvement Fund (total of $9,500) to the Chesterfield County School Board for drug and alcohol free post-prom celebrations subject to the conditions outlined in the papers of this Board. Ayes: Warren, McHale, Barber, Humphrey and Miller. 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. Barber, the Board approved the following reports: A Status Report on the General Fund Balance, Reserve for Future Capital Projects, District Improvement Funds and Lease Purchases; and a Report on Developer Water and Sewer Contracts. Ayes: Warren, McHale, Barber, Humphrey and Miller. Nays: None. 11. DINNER On motion of Mr. McHale, seconded by Mr. Barber, the Board recessed to the Administration Building, Room 502 for dinner with members of Friends of the Library. Ayes: Warren, McHale, Barber, Humphrey and Miller. Nays: None. Reconvening: 03-181 03/12/03 12. INVOCATION Reverend Peter Moon, Pastor of Woodlake United Methodist Church gave the invocation. 13. PL~D~.R OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Gold Award recipient Linnea Ember Harper led the Pledge of Allegiance to the flag of the United States of America. 14. RESOLUTIONS AND SPECIAL RECOGNITIONS 14.A. RECOGNIZING EDDIE HEUSSLER FOR RECEIVING THE CARNEGIE HERO FUND COMMISSION AWARD Chief Elswick relayed the story of the heroic efforts of Mr. Eddie Heussler who risked his life while attempting to rescue a county resident from her burning home. He introduced Mr. Heussler and members of his family and also introduced Mr. Douglas R. Chambers, Managing Director and Ms. Susan Marcy, Case Investigator of the Carnegie Hero Fund Commission. Mr. Chambers stated that the mission of the Carnegie Hero Fund Commission is to honor individuals who put their lives in harm's way to save others whose lives are at risk. He further stated that Mr. Eddie Heussler has been selected as a recipient of the Bronze Medal by the Carnegie Hero Fund Commission for his heroic efforts. Ms. Marcy presented the Carnegie Bronze Medal to Mr. Heussler, accompanied by members of his family and members of the Fire Department. A standing ovation followed. Mr. Heussler expressed appreciation to the Carnegie Hero Fund Commission for the commendation and also to the Board, Chief Elswick, members of the Fire Department, and his family for their support and encouragement that led to his recovery. Mr. Ramsey presented Mr. Heussler with a bronze firefighter bust that he had intended to present at his ~State of the County" address in October (but Mr. Heussler was sick and could not attend.) 14.B. RECOGNIZING EAGLE SCOUT SEAN PATRICK BEARDSLEY UPON ATTAINING THE RANK OF EAGLE SCOUT Mr. Hammer introduced Mr. Sean Beardsley 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 03-182 03/12/03 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. Sean Patrick Beardsley, Troop 800, sponsored by Bethel Baptist Church, has accomplished those high standards of commitment and has reached the long-sought goal of Eagle Scout, which is earned by only four percent of those individuals entering the Scouting movement; and WHEREAS, growing through his experiences in Scouting, learning the lessons of responsible citizenship, and endeavoring to prepare himself for a role as a leader in society, Sean 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 12th day of March 2003, publicly recognizes Mr. Sean Patrick Beardsley, extends congratulations 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: Warren, McHale, Barber, Humphrey and Miller. Nays: None. Mr. Barber presented the executed resolution and patch to Mr. Beardsley, accompanied by members of his family, congratulated him on his outstanding achievement, and wished him well in his future endeavors. Mr. Beardsley expressed appreciation to the Board for the recognition and also to his parents, scoutmaster, members of his troop and others for their support. 14.C. RECOGNIZING GIRL SCOUTS UPON ATTAINING THE COLD AWARD 14.C.1. REBEKAH MCCOWAN, BERMUDA DISTRICT Mr. Hammer introduced Ms. Rebekah McGowan who was present to receive the resolution. On motion of the Board, the following resolution was adopted: WHEREAS, the Girl Scouts of the United States of America is an organization serving over 2.6 million girls and was founded to promote citizenship training and personal development; and WHEREAS, after earning four interest project patches, the Career Exploration Pin, the Senior Girl Scout Leadership Award, the Senior Girl Scout Challenge, and designing and implementing a Girl Scout Gold Award project; and WHEREAS, the Gold Award is the highest achievement award in Girl Scouting and symbolizes outstanding accomplishments 03-183 03/12/03 in the areas of leadership, community planning, and personal development; and service, career WHEREAS, the Girl Scout Award can only be earned by girls aged 14-17 or in grades 9-12 and is received by less than six percent of those individuals entering the Girl Scouting movement; and WHEREAS, Miss Rebekah Elizabeth McGowan, Troop 925, sponsored by Chester United Methodist Church, has accomplished these high standards and has been honored with the Girl Scouts of America Gold Award by the Commonwealth Girl Scout Council of Virginia; and WHEREAS, growing through her experiences in Girl Scouting, learning the lessons of responsible citizenship, and priding herself on the great accomplishments of her country, Rebekah is indeed a member of a new generation of prepared young citizens of whom we can all be very proud. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors recognizes Miss Rebekah Elizabeth McGowan, extends its congratulations on her attainment of the Gold Award and acknowledges the good fortune of the county to have such an outstanding young woman as one of its citizens. Ayes: Warren, McHale, Barber, Humphrey and Miller. Nays: None. Mr. McHale presented the executed resolution and patch to Miss McGowan, accompanied by members of her family, congratulated her on her outstanding achievement, and wished her well in her future endeavors. Miss McGowan expressed appreciation to her troop leader, parents and church for their support. 14.C.2. LINNEAHARPER, BERMUDA DISTRICT Mr. Hammer introduced Ms. Linnea Harper who was present to receive the resolution. On motion of the Board, the following resolution was adopted: WHEREAS, the Girl Scouts of the United States of America is an organization serving over 2.6 million girls and was founded to promote citizenship training and personal development; and WHEREAS, after earning four interest project patches, the Career Exploration Pin, the Senior Girl Scout Leadership Award, the Senior Girl Scout Challenge, and designing and implementing a Girl Scout Gold Award project; and WHEREAS, the Gold Award is the highest achievement award in Girl Scouting and symbolizes outstanding accomplishments in the areas of leadership, community service, career planning, and personal development; and WHEREAS, the Girl Scout Award can only be earned by girls aged 14-17 or in grades 9-12 and is received by less 03-184 03/12/03 than six percent of those individuals entering the Girl Scouting movement; and WHEREAS, Miss Linnea Ember Harper, Troop 925, sponsored by Chester United Methodist Church, has accomplished these high standards and has been honored with the Girl Scouts of America Gold Award by the Commonwealth Girl Scout Council of Virginia; and WHEREAS, growing through her experiences in Girl Scouting, learning the lessons of responsible citizenship, and priding herself on the great accomplishments of her country, Linnea is indeed a member of a new generation of prepared young citizens of whom we can all be very proud. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors, this 12tn day of March 2003, publicly recognizes Miss Linnea Ember Harper, extends congratulations on her attainment of the Gold Award and acknowledges the good fortune of the county to have such an outstanding young woman as one of its citizens. Ayes: Warren, McHale, Barber, Humphrey and Miller. Nays: None. Mr. McHale presented the executed resolution and patch to Miss Harper, accompanied by members of her family, congratulated her on her outstanding achievement, and wished her well in her future endeavors. Miss Harper expressed appreciation to the Red Cross, her troop leader and parents for their support. I~.D. RECOGNIZINH MARCH 22, 2003, AS ~FAMILIES FIRST DAY" IN CHESTERFIELD COUNTY Mr. Braunstein introduced Ms. Pat Cullen, Prevention Services Manager and Mr. Gene Simon, On-Site Coordinator for the Families First program. He recognized Mrs. Barbara McHale and Ms. Janet Baumgardner, two of the program's advisors who were present at the meeting. On motion of the Board, the following resolution was adopted: WHEREAS, the grand opening of ten parent resource centers will take place in all the libraries in Chesterfield and Colonial Heights, Virginia on March 22, 2003; and WHEREAS, through the joint efforts of the Families First Advisory Committee and Program; Chesterfield and Colonial Heights Libraries; and the Chesterfield Community Services Board, these centers have been developed to assist families in obtaining the best parenting information and resources available; and WHEREAS, the grand opening includes stories being read to young children, book giveaways, and information on how to use the parent resource centers in each library; and WHEREAS, at the event, parents are provided with educational materials on a variety of parenting topics; and 03-185 03/12/03 WHEREAS, various displays will be both entertaining and educational for families in attendance. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors, this 12th day of March 2003, publicly recognizes March 22, 2003, as ~Families First Day" in Chesterfield County, and expresses gratitude, on behalf of all Chesterfield County residents, to those volunteers and professionals who work to assist families in dealing with the challenges of raising children to become happy, productive adults. Ayes: Warren, McHale, Barber, Humphrey and Miller. Nays: None. Mr. McHale presented the executed resolution to Mr. Simon, accompanied by Ms. Cullen, and expressed appreciation to everyone involved for their efforts in ~Families First Day." Mr. Simon expressed appreciation for the Board's support of honoring families in the county. 14.E. RECOGNIZING THE THOMAS DALE HIGH SCHOOL VARSITY FOOTBALL TEAM FOR ITS OUTSTANDING REPRESENTATION OF CHESTERFIELD COUNTY Mr. Hammer introduced Coach Vic Williams and members of the Thomas Dale Knights Varsity Football Team. On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board adopted the following resolution: WHEREAS, participation in high school sports has long been an integral part of Chesterfield County's educational, physical and emotional development; and WHEREAS, under Mr. Vic Williams, coach of the Thomas Dale High School Varsity Football Team, and his staff's guidance and direction, the 2002 Thomas Dale Knights finished the regular season with a 12-1 record; and WHEREAS, the Thomas Dale Knights won the Central District Championship and the Central Region Division 6 Championship; and WHEREAS, the Thomas Dale Knights football teams have had outstanding success under Coach Williams tenure, winning six regional championships, ten District Championships and twice participating in the final game of the State Championship; and WHEREAS, the citizens of Chesterfield County enjoy and support high school football. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors, this 12tn day of March 2003, publicly recognizes the 2002 Thomas Dale High School Varsity Football Team for its outstanding representation of Chesterfield County; commends the Knights, on behalf of the citizens of Chesterfield County, for their commitment to excellence and sportsmanship; and expresses best wishes for continued success. Ayes: Warren, McHale, Barber, Humphrey and Miller. Nays: None. 03-186 03/12/03 Mr. McHale presented executed resolutions to Coach Williams and members of the Thomas Dale Knights Varsity Football Team, congratulated them on an excellent season, and wished them continued academic and athletic success. Coach Williams expressed appreciation to the Board for supporting high school athletics in the county. He recognized Ms. Betty Ballard and Mr. Rob Stansberry, Principals at Thomas Dale who were present at the meeting, and expressed appreciation for their support. 14.F. RECOGNIZING THE 75~ ANNIVERSARY OF LOEW'S ~PICTURE PALACE" Mr. Kappel introduced Mr. Joel Katz, Executive Director of the Carpenter Center for the Performing Arts. On motion of the Board, the following resolution was adopted: WHEREAS, Marcus Loew came to Richmond in 1927 to find a suitable location for building a ~Picture Palace" that would show his company's films in the Virginia capital; and WHEREAS, Loew's opened on April 9, 1928 with a showing of "West Point"; and WHEREAS, this premiere was the first of a great many that took place at this historic site; and WHEREAS, many generations of people from throughout the Richmond metropolitan area enjoyed their first film experience at this Sixth and Grace location; and WHEREAS, 75 years later, we know this building as the Carpenter Center, and celebrate its history and importance; and WHEREAS, the Richmond Symphony rescued the building from the wrecking ball and reopened it as a live entertainment venue in 1983; and WHEREAS, more than 200 events are conducted at this historic location each year, attracting nearly a quarter of a million visitors annually; and WHEREAS, the Carpenter Center is home to the Richmond Symphony, the Virginia Opera, Broadway under the Stars, and the ~Many Worlds, One Community" multicultural series. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors, this 12th day of March 2003, publicly recognizes the historic significance of the Loew's ~Picture Palace" to the Richmond metropolitan area, honors the memory of Mr. Marcus Loew and his vision, and extends to all those who lend their talents to or visit this landmark best wishes for many more years of wonderful performances. Ayes: Warren, McHale, Barber, Humphrey and Miller. Nays: None. 03-187 03/12/03 Mr. McHale presented the executed resolution to Mr. Katz and congratulated him upon the 75tn anniversary of Lowe's ~Picture Palace." Mr. Katz expressed appreciation to the Board for the recognition and stated that over 30 percent of the theatre's audience comes from Chesterfield County. 15. REQUESTS FOR MOBILE HOME PERMITS AND REZONING PLACED ON TW~. CONSENT AGENDA TO BE HEARD IN THE FOLLOWING ORDERs - WiTHDRAWALS/DEFERRALS - CASES WHERE THE APPLICANT ACCEPTS THE RECOMMENDATION AND THERE IS NO OPPOSITION - CARES WHERE THE APPLICANT DOES NOT ACCEPT THE RECOM~NDATIONAND/OR THERE IS PUBLIC OPPOSITION WILL BE HEARD AT SECTION 18 02SN0209 In Matoaca Magisterial District, SOUTHERN LAND COMPANY LLC requests rezoning and amendment of zoning district map from Agricultural (A) to Residential (R-12) with Conditional Use Planned Development to permit exceptions to Ordinance requirements. A mixed use development with residential, office and commercial uses is planned. Residential use of up to 3.63 units per acre is permitted in a Residential (R-12) District. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for single family residential use of 2.0 units per acre or less. This request lies on 1,196.2 acres fronting in three (3) places for a total of approximately 2,800 feet on the north line of Beach Road, lying across from Coalboro Road and at the southern terminus of Otterdale Road. Tax ID 714-663-0471 (Sheets 15 and 23). Mr. Jacobson stated that the applicant is requesting a deferral until April 23, 2003. Ms. Adena Patterson, representing the applicant, requested a deferral until April 23, 2003. Mr. Warren called for the public hearing. No one came forward to speak to the deferral. After brief discussion, on motion of Mrs. Humphrey, seconded by Mr. Warren, the Board deferred Case 02SN0209 until April 23, 2003. Ayes: Warren, McHale, Barber, Humphrey and Miller. Nays: None. 03SN0109 In Bermuda Magisterial District, RMD LAND, L.C. AND RMCRK LAND, L.C. request amendment of Conditional Use Planned Development (Case 85S121) and amendment of zoning district map relative to setbacks and screening. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the 03-188 03/12/03 property is appropriate for industrial use. This request lies in a Light Industrial (I-l) District on approximately 45.7 acres fronting approximately 1,130 feet on the west line of Ruffin Mill Road, approximately 950 feet north of Ruffin Mill Circle. Tax IDs 807-638-8509, 808-638-1566 and 808-639- 3226 (Sheet 35). Mr. Jacobson presented a summary of Case 03SN0109 and stated that the Planning Commission and staff recommended approval and acceptance of the proffered condition. Mr. Dean Hawkins, representing the applicant, stated that the recommendation is acceptable. Mr. Warren called for the public hearing. No one was present to speak to the request. On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board approved Case 03SN0109 and accepted the following proffered condition: Adjacent to Tax IDs 808-638-7283 and 808-639-7909, a minimum twenty-five (25) foot setback shall be maintained for all driveways, parking areas and buildings. Within this setback, a berm shall be installed. The berm shall be landscaped at a density of 2.5 times Perimeter Landscaping C. This requirement shall not be applicable once stated adjacent parcel(s) are zoned for industrial use. (P) (Note: This condition supersedes Condition 4 of Case 85S121.) (Staff Note: With approval of this request, Condition 4 is superseded and Condition 2 is deleted in Case 85S121 for the request property only.) Ayes: Warren, McHale, Barber, Humphrey and Miller. Nays: None. 03SN0194 In Matoaca Magisterial District, VIRGINIA STATE UNIVERSITY FEDERAL CREDIT UNION requests rezoning and amendment of zoning district map from Residential (R-7) to Neighborhood Business (C-2) with Conditional Use Planned Development to permit exceptions to Ordinance requirements. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for public/semi-public use. This request lies on 0.2 acre and is known as 3402 Boisseau Street. Tax ID 796-611-3757 {Sheet 45). Mr. Jacobson presented a summary of Case 03SN0194 and stated that the Planning Commission and staff recommend approval subject to conditions. He noted that the proposed rezoning and land use conforms to the Ettrick Village Plan. Ms. Peggy Custis, representing the applicant, stated that the recommendation is acceptable. No one came forward to speak to the request. 03-189 03/12/03 On motion of Mrs. Humphrey, seconded by Mr. McHale, the Board approved Case 03SN0194 subject to the following conditions: The only uses permitted shall be uses permitted by-right or with restrictions in the Neighborhood Office District (0-1), and banks and savings and loan associations with or without drive-in windows. (P) o Except as otherwise stated herein, development shall comply to Ettrick Village Business Core requirements except that the ten (10) foot side setback requirement shall be modified to accommodate the existing building as shown on the "Plat Showing Improvements On No. 3402 & No. 3404 Boisseau Street" prepared by Harvey L. Parks, Inc. dated November 12, 2001. However, any additions to this existing structure or any new structure shall comply with the Ettrick Village Business Core requirements. (P) (Note: With approval of this request, exceptions shall be granted to allow development to conform to Ettrick Village Business Core requirements.) Ayes: Warren, McHale, Barber, Humphrey and Miller. Nays: None. 03SN0204 In Matoaca Magisterial District, BARTHOL DESIGN ASSOCIATES requests rezoning and amendment of zoning district map from Agricultural (A) to Residential (R-88). Residential use of up to 0.5 units per acre is permitted in a Residential (R-88) District. The Comprehensive Plan suggests the property is appropriate for residential use of 1 to 5 acre lots, suited to R-88 zoning. This request lies on 113.3 acres fronting approximately 1,550 feet on the northeast line of Woodpecker Road, approximately 2,000 feet southeast of Bixby Lane. Tax ID 781-628-5861 (Sheet 41). Mr. Jacobson presented a summary of Case 03SN0204 and stated that the Planning Commission and staff recommend approval and acceptance of the proffered conditions. He noted that the request conforms to the Southern and Western Area Plan. He stated that an addendum has been added to offer an additional proffered condition relative to gross floor area. Ms. Heather Barbour, representing the applicant, stated that the recommendation is acceptable. No one came forward to speak to the request. On motion of Mrs. Humphrey, seconded by Mr. Warren, the Board suspended its rules at this time to allow for consideration of the additional proffered condition. Ayes: Warren, McHale, Barber, Humphrey and Miller. Nays: None. On motion of Mrs. Humphrey, seconded by Mr. McHale, the Board approved Case 03SN0204 and accepted the following proffered conditions: 03-190' 03/12/03 o o o o The applicant, subdivider, or assignee(s) shall pay the following to the county of Chesterfield prior to the issuance of a building permit for infrastructure improvements with in the service district for the property: $9,000.00 per dwelling unit, if paid prior to July 1, 2003; or The amount approved by the Board of Supervisors not to exceed $9,000.00 per dwelling unit adjusted upward by any increase in the Marshall and Swift building cost index between July 1, 2002, and July 1 of the fiscal year in which the payment is made if paid after June 30, 2003. In the event the cash payment is not used for which proffered within 15 years of receipt, the cash shall be returned in full to the payor. (B & M) Except for timbering approved by the Virginia State Department of Forestry for the purpose of removing dead or diseased trees, there shall be no timbering on the Property until a land disturbance permit has been obtained from the Environmental Engineering Department and the approved devices installed. (EE) Development shall not exceed a density of 0.5 dwelling unit per acre. (P) Single story dwelling units shall have a minimum gross floor area of 1,800 square feet, and dwelling units with more than one (1) story shall have a minimum gross floor area of 2,100 square feet. (BI) Ail exposed portions of the foundation of each dwelling shall be covered with brick or stone veneer or exterior insulating and finishing systems (EIFS) materials. (P) In conjunction with the recordation of the initial subdivision plat, a public access easement, of approximately thirty (30) feet in width along Swift Creek and Frank's Branch Creek, shall be dedicated, free and unrestricted, to and for the benefit of Chesterfield County. The exact location and width of this easement shall be approved by the Parks and Recreation Department. (P&R) In conjunction with recordation of the initial subdivision plat, forty-five (45) feet of right-of-way along the east side of Woodpecker Road, measured from the centerline of that part of Woodpecker Road immediately adjacent to the property, shall be dedicated, free and unrestricted, to and for the benefit of Chesterfield County. (T) Direct access from the property to Woodpecker Road shall be limited to one (1) public road, located towards the southern property line. The exact location of this access shall be approved by the Transportation Department. (T) 03-191 03/12/03 o To provide an adequate roadway system, the developer shall be responsible for the following improvements: so Construction of additional pavement along Woodpecker Road at the approved access to provide left and right turn lanes, if warranted, based on Transportation Department standards. Widening/improving the east side of Woodpecker Road to an eleven (11) foot wide travel lane, measured from the centerline of the road, with an additional one (1) foot wide paved shoulder plus a seven (7) foot wide unpaved shoulder, with modifications approved by the Chesterfield County Transportation Department, for the entire property frontage. Dedication to and for the benefit of Chesterfield County, free and unrestricted, of any additional right-of-way (or easements) required for the improvements identified above. (T) 10. Prior to any construction plan approval, a phasing plan for the required road improvements, as identified in Proffered Condition 9, shall be submitted to and approved by the Transportation Department. (T) 11. Ail dwelling units located within 360 feet of Woodpecker Road shall have a minimum gross floor area of 2400 square feet. (BI) Ayes: Warren, McHale, Barber, Humphrey and Miller. Nays: None. 16. HEARINGS OF CITIZENS ON UNSCHEDULED MATTERS OR CLAIMS There were no hearings of citizens on unscheduled matters or claims at this time. 17. PUBLIC HEARINGS 17.A. TO CONSIDER A ZONING ORDINANCE AMENDMENT RELATIVE TO NOTIFICATION Mr. Bill Poole, Assistant Director of Planning, stated that this date and time has been advertised for a public hearing to consider a zoning ordinance amendment relative to notification and advertisements. He noted that the Planning Commission and staff recommend approval of the ordinance amendment. Mr. Warren called for the public hearing. No one came forward to speak to the ordinance amendment. On motion of Mr. Miller, seconded by Mr. McHale, the Board adopted the following ordinance amendment: 03-192 03/12/03 AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED BY AMENDING AND RE-ENACTING SECTION 19-26 RELATING TO ADVERTISEMENTS BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Section 19-26 of the Code of the County of Chesterfield, 1997, as amended, is amended and re-enacted to read as follows: Sec. 19-26. Hearings; notification and posting of property. (a) The adoption of any comprehensive plan, zoning district map or ordinance or amendment thereto; any request for zoning approval; appeal of a decision by the planning director or other administrative officer to the board of zoning appeals; application for interpretation of the district map to the board of zoning appeals; or application for creation of a historic district, or the designation of landmark and landmark sites shall be advertised by reference, giving a descriptive summary of the proposed action and the place or places within the county where copies of the proposed action may be examined. In the case of proposed action which involves an amendment to the zoning district map, the public notice shall state the general usage and density range of the proposed amendment and the general usage and density, if any, set forth in the applicable part of the comprehensive plan. None of the above-referenced actions shall be acted upon until notice of the intention to do so has been published once a week for two successive weeks in a newspaper published or having general circulation in the county. Such notices shall specify the time and place of hearing at which persons affected may appear and present their views, and such hearing shall be held not less than five days nor more than 21 days after final publication. (b) The director of planning shall, at least 21 days before the date of the first hearing on any request for zoning, or appeal of a decision by the planning director or other administrative officer to the board of zoning appeals, post on the land or building involved in any application or appeal, a notice of the public hearing as follows: (1) The notice shall be posted at reasonable intervals along streets abutting the subject property, or, if there is no abutting street, then at the proposed public street entrance to the property. The notice shall be posted in locations so as to be reasonably visible from public roads. (2) Neither the holding of any public hearing, nor the validity of any action on an application or an appeal, shall be affected by the unauthorized removal of a notice which has been duly posted in accordance with this section. (c) (1) With regard to any action referred to in subsection (a) above, except amendments to the comprehensive plan, the owner of the affected parcel, as identified in the assessor's records, and the property owners identified in section 19-24(c) shall be given not less than 15 days' written notice sent by registered, certified or first class mail for any hearing on any such action. If the written notice is provided by first class mail, the director of 03-193 03/12/03 planning shall make affidavit that the mailings have been made and file the affidavit with the papers in the case. If the public hearing is continued or deferred to a date that has not previously been advertised, notice shall be remailed. If the public hearing is continued or deferred to a date that has been previously advertised or if the public hearing is closed and the decision deferred to a later date, notice need not be remailed. (2) With regard to any action involving a change to the applicable zoning ordinance text regulations that decreases the allowed dwelling unit density of more than twenty-five parcels of land, the owner of the affected parcels, as identified in the assessor's records, shall be given not less than 15 days' written notice sent by registered, certified or first class mail for any hearing on any such action. Written notice of such changes to zoning ordinance text regulations shall not have to be mailed to the owner of lots shown on a subdivision plat approved and recorded pursuant to the provisions of the Chesterfield County Subdivision Ordinance where such lots contain less than 11,500 square feet. If the written notice is provided by first class mail, the director of planning shall make affidavit that the mailings have been made and file the affidavit with the papers in the case. If the public hearing is continued or deferred to a date that has not previously been advertised, notice shall be remailed. If the public hearing is continued or deferred to a date that has been previously advertised or if the public hearing is closed and the decision deferred to a later date, notice need not be remailed. (3) With regard to any action referred to in sections 19-16 and 19-17, written notice of any public hearing on an application to amend a zoning condition or rezone property shall be given to the last known representatives of all civic associations on the Civic Association Notice List filed with the planning department operating within the area encompassed by the property which is subject to the original zoning or condition and to all property owners of record with the assessor's office whose property was subject to the original zoning or condition and whose property is located within 1,500 feet of the property which is the subject of the application. (d) When a proposed comprehensive plan or amendment thereto, a proposed change in zoning district map classification, an application for creation of a historic district or the designation of landmarks and landmark sites or an application for special exception or variance involves any parcel of land located within one-half mile of a boundary of an adjoining county or municipality, then, in addition to the advertising and written notification required above, written notice shall also be given at least 10 days before the hearing to the chief administrative officer or his designee, of such adjoining county or municipality. (e) Posting and notification of adjacent property owners, as outlined in this section, shall not be required when: (1) approva 1 The hearing involves an application for zoning of 26 or more parcels of land initiated by 03-194 03/12/03 resolution of supervisors; or the planning commission or board of (2) On appeal when the appeal involves 26 or more parcels of land; or (3) The hearing involves an appeal concerning no specific property. (f) A party shall be deemed to have waived the right to challenge the validity of proceedings for which written notice is required if the party does not receive the required written notice, but the party has actual notice of, or actively participates in, the proceedings. (2) That this ordinance shall become effective immediately upon adoption. Ayes: Warren, McHale, Barber, Humphrey and McHale. Nays: None. 17.B. TO CONSIDER CONVEYANCE OF A CONSERVATION EASEMENT TO THE VIRGINIA OUTDOORS FOUNDATION AND THE FRIENDS OF CHESTERFIELD'S RIVERFRONT Mr. Golden stated that this date and time has been advertised for a public hearing to consider the conveyance of a conservation easement to the Virginia Outdoors Foundation and the Friends of Chesterfield's Riverfront. When asked, Mr. Golden stated this is a perpetual easement. Mrs. Humphrey referenced the Mary Moody Northern Foundation property and inquired whether this easement could ever be vacated. Ms. Leslie True, representing the Virginia Outdoors Foundation stated that the Code of Virginia does permit vacating a conservation easement if necessary for the orderly growth of the locality and a replacement piece of property of like conservation and economic value can be substituted. When asked, she stated that the county would have to initiate action to sell the property before any determination relative to the easement would be made. Mrs. Humphrey stated that she does not foresee the Board ever taking action to sell the property. Discussion ensued relative Foundation property. to the Mary Moody Northern Mr. Warren called for the public hearing. No one came forward to speak to the issue. Mr. McHale recognized Mr. Bob Dunn and Mr. Brian Walker, members of Friends of the Riverfront Board of Directors, who were present at the meeting. He commended Friends of the Riverfront and the Virginia Outdoors Foundation for their conservation efforts. 03-195 03/12/03 Mr. Warren recognized Mr. Tom Pakurar and Dr. Betty Hunter Clapp who were present at the meeting. On motion of Mr. Warren, seconded by Mrs. Humphrey, the Board approved the conveyance of a conservation easement to the Virginia Outdoors Foundation and the Friends of Chesterfield's Riverfront over the Brown and Williamson Conservation area, and authorized the Chairman of the Board of Supervisors and the County Administrator to execute the easement agreement. Ayes: Warren, McHale, Barber, Humphrey and McHale. Nays: None. Mr. Ramsey stated that the Economic Development Department has reviewed this property and staff feels the easement will be an enhancement for industrial development in the area. 17 .C. TO CONSIDER AN ORDINANCE TO VACATE A PORTION OF A FiFTY-FOOT UNIMPROVED RIGHT OF WAY KNOWN AS LO~AN STREET WITHIN BON AIR KNOLLS SUBDIVISION 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 fifty-foot unimproved right of way known as Logan Street within Bon Air Knolls Subdivision. Mr. Warren called for the public hearing. No one came forward to speak to the ordinance. On motion of Mr. Barber, seconded by Mr. Warren, the Board adopted the following ordinance: AN ORDINANCE whereby the COUNTY OF CHESTERFIELD, VIRGINIA, ("GRANTOR") vacates to JOHN W. VERHEUL and LINDA R. VERHEUL, (husband and wife), JOSEPH J. CROWLEY and CHRISTINE D. CROWLEY, (husband and wife), and JACK NORVELLE and DELL B. NORVELLE, (husband and wife), ("GRANTEE"), a portion of a 50' unimproved right of way known as Logan Street within Bon Air Knolls Subdivision, MIDLOTHIAN 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 4, at Pages 138 - 141. WHEREAS, JOHN W. VERHEUL and LINDA R. VERHEUL, petitioned the Board of Supervisors of Chesterfield County, Virginia to vacate a portion of a 50' unimproved right of way known as Logan Street within Bon Air Knolls Subdivision, MIDLOTHIAN 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 4, Pages 138 - 141, by W. W. LAPRADE & BROS., dated MAY 1, 1928. The portion of right of way petitioned to be vacated is more fully described as follows: A portion of~a 50' unimproved right of way known as Logan Street Within Bon Air Knolls Subdivision, the location of which is more fully shown on a plat 03-196 03/12/03 made by POTTS, MINTER AND ASSOCIATES, P.C., dated FEBRUARY 14, 2003, 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 right of way 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 portion of right of way 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 right of way hereby vacated in the abutting property owners within Bon Air Knolls Subdivision, free and clear of any rights of public use. Accordingly, this Ordinance shall be indexed in the names of the COUNTY OF CHESTERFIELD as GRANTOR, and JOHN W. VERHEUL and LINDA R. VERHEUL, (husband and wife), JOSEPH J. CROWLEY and CHRISTINE D. CROWLEY, (husband and wife), and JACK NORVELLE and DELL B. NORVELLE, (husband and wife), or their successors in title, as GRANTEE. Ayes: Warren, McHale, Barber, Humphrey and McHale. Nays: None. 18. REMAINING MOBILE HOME PERMITS AND ZONING REQUESTS There were no remaining mobile requests at this time. home permits or zoning 19. ADJOURNMENT On motion of Mr. McHale, seconded by Mr. Barber, the Board adjourned until March 26, 2003 at 3:30 p.m. Ayes: Warren, McHale, Barber, Humphrey and Miller. Nays: None. Arthur S. Warren C ha i rman 03-197 03/12/03