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05-23-2001 Minutes BOARD OF SUPERVISORS MINUTES May 23, 2001 - Supervisors in Attendance: Mrs. Renny B. Humphrey, Chairman Mr. Kelly E. Miller, Vice Chrm. Mr. Edward B. Barber Mr. J. L. McHale, III Mr. Arthur S. Warren Mr. Lane B. Ramsey County Administrator ,- .,......... 01-417 Staff in Attendance: Colonel Carl R. Baker, Police Department Mr. George Braunstein, Dir., Community Services Board Mr. Craig Bryant, Dir., Utilities Ms. Marilyn Cole, Asst. County Administrator Ms. Mary Ann Curtin, Dir., Intergovtl. Relations Ms. Rebecca Dickson, Dir., Budget and Management Mr. William D. Dupler, Building Official Ms. Lisa Elko, Clerk Chief Stephen A. Elswick, Fire Department Mr. Michael Golden, Dir., Parks and Recreation Mr. Lawrence C. Haake, III, Registrar Mr. Bradford S. Hammer, Deputy Co. Admin., Human Services Mr. John W. Harmon, Right-of-Way Manager Mr. Russell Harris, County Ombudsman Mr. Thomas E. Jacobson, Dir., Planning 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 Dr. William Nelson, Dir., Health Mr. F. o. Parks, Dir., Information Systems Tech. Mr. Francis Pitaro, Dir., General Services Ms. Chris Ruth, Asst. Dir., Public Affairs Mr. M. D. Stith, Jr., Deputy Co. Admin., Community Development Mr. Thomas A. Taylor, Dir., Block Grant Office Dr. Robert Wagenknecht, Dir., Libraries Mr. Scott Zaremba, Asst. Dir., Human Resource Mgt. 5/23/01 Mrs. Humphrey called the regularly scheduled meeting to order at 4:16 p.m.. 1. APPROVAL OF MINUTE:S On motion of Mr. Warren, seconded by Mr. McHale, the Board approved the minutes of April 25, 2001, as submitted. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 2 . COUNTY ADMINISTRAT'OR' S COMMENTS o Mr. Ramsey congratulated Mr. Raymond Hevener for receiving a Gold Medal from the Commonwealth Virginia Chapter of the National Football Foundation and College Hall of Fame as a lifetime achievement award for excellence in community service. (It is noted Mr. Hevener was not able to attend the meeting because of health problems.) o Dr. Nelson presented an informational report on the West Nile Virus. He stated that the first outbreak of the disease occurred in New York City in 1999 and spread to bird populations in Virginia during 2000. He provided information relative to symptoms and transmission cycle of the virus and stated that the current theory is that mosquitoes that feed on birds transmit the virus from bird to bird. Mr. Miller expressed concerns relative to mosquito problems that may occur in residential areas as a result of BMPs. ^."~__C' Dr. Nelson reviewed best pract ices for community protection and stated that spraying kills adult mosquitoes and will reduce the mosquito population. He further stated that spraying is safe when used correctly, but has numerous limitations. When asked, Dr. Nelson stated that citizens should contact the Health Department if they become aware of a number of bird deaths. He then reviewed the protective measures being taken by various Chesterfield County departments as well as the Regional West Nile Virus Coordinating Committee. o Mr. Ramsey provided a status report relati ve to implementation of a filtering system in the County libraries. He stated that, as a resul t of complaints received relative to inappropriate activity in the County Library System, the Internal Auditor performed a two-day test period and found that 24 of the approximately 130 computers in the County Library System had accessed sexually explicit sites. He further stated that two percent of the total activity for the test period was performed at sexually explicit sites. He stated that staff's conclusion was that the amount of inappropriate activity justified the County taking action to stop the activity. He further stated that there are significant legal issues with filtering of computers relative to freedom of speech and referenced a case in Loudon County where the court ruled against filtering computers throughout the entire library system. He stated that the _/ 5/23/01 01-418 -~ Child Protection Act requires that all jurisdictions who accept federal money for their library system must place filters on all computers, and noted that the implementation date for the Child Protection Act has been deferred until July 1, 2002. He stated that the Supreme Court has agreed to hear the issue surrounding the Child Protection Act. He stated that the County Library has recently revised and posted in all branches its policy stating that access to sexually explicit material is against library policy and patrons will be asked to stop or leave the library. He then reviewed staff's recommendations: 1) to place filters on computers in every children's section of all County Library branches; 2) to place filters on general access computers with exception of one or two in each of the Library branches except Chester and Enon. He stated that Library staff at the Enon and Chester Branches felt that enforcement of the policy would be a better tool than filters and have requested to try a six-month to one year process for stepped-up enforcement. He further stated that staff in the Library branches other than Enon and Chester will also monitor enforcement of the policy for the one or two unfiltered general access computers in their branches. He stated that filters should be in place in 30 to 45 days and will cost $35,000 initially, and $5,000 annually thereafter for maintenance. Discussion, questions and comments ensued relative to the Loudon County case referenced by Mr. Ramsey and the American Civil Liberties Union's challenge of the Child Protection Act. - When asked, Mr. Micas stated that the Board is not specifically preempted from going further than staff's recommendation for filtering various computers in the County Library System. Mr. Warren expressed concerns relative to the County being in conflict with the Child Protection Act in 2002 if federal library funds are accepted and also to staff enforcement as the main tool for adherence to the Library policy prohibiting access to sexually explicit material. He questioned the possibility of developing a Countywide ordinance to provide for filtering of all computers in both the County Schools and all County Library branches. Mr. Micas stated that although an ordinance could be imposed, he would suggest that, if the Board is considering filtering of computers further than staff's recommendation, it be done through an administrative policy of Mr. Ramsey as administrative head of County departments under the County Charter. Mr. Miller expressed concerns relative to possible lawsuits for sexual harassment by Library personnel who may be exposed to sexually explicit material. Discussion, questions and comments ensued relative to Mr. Ramsey's recommendation for filtering various computers. ,- Mr. Barber expressed concerns relative to information that students could be denied because of filtering. legitimate access to Mr. Miller expressed concerns relative to violation of the rights of patrons who are exposed to sexually explicit material during their visit to the library. 5/23/01 01-419 When asked, Mr. Micas stated that the County does not have to offer the internet in its Library System. Mr. Barber stated that he feels parental guidance is an important component in the issue of exposure to sexually explicit materials in the Library System and noted that many students are able to access any information they choose regardless of filtering. Mr. Warren suggested that the Board have a closed session to meet with the County Attorney and discuss legal issues surrounding the filtering of computers and noted that he would support filtering of all computers in the County's Library System unless he is convinced otherwise. ,-" Mrs. Humphrey stated that she concurs with filtering all of the computers in the libraries. Mr. Barber suggested that the Board meet in a closed session to discuss potential legal ramifications with filtering all of the computers. Mr. McHale expressed concerns relative to important information that library patrons would be denied access to because of the misconduct of a very small population. He stated that he would like to give Mr. Ramsey's recommendation an opportunity to succeed prior to taking further measures. He expressed concerns relative to uncertainties involving the Child Protection Act. On motion of Mr. Miller, seconded by Mr. Warren, the Board approved Mr. Ramsey's recommendation to proceed with a filtering system on all computers in the children's sections of all County Library branches and also on various general access computers in the County Library System except for two computers in each library which will be available for adults and for juveniles with parental permission '. ".-"- And, further, the Board set the date of June 20, 2001 at 7:00 p.m. for a public hearing to consider extending the filtering system to all computers in the County Library System. Mrs. Humphrey expressed her personal desire to also second the motion. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 3 . BOARD COMMITTEE RE~PORTS There were no Board Committee Reports at this time. 4 . REOUESTS TO POSTPONE A.CTION, ADDITIONS, OR CHANGES IN THE ORDER OF PRESENTA'J?ION On motion of Mrs. Hu~)hrey, seconded by Mr. Warren, the Board added Item 8.C.1.g., Set Date for Public Hearing to Consider the Appropriation of Funds from Colonial Heights for the Emergency Communications System Project; added Item 8.C.2.h., Adoption of Resolut.ion Confirming Proceedings of the Chesterfield County Industrial Development Authority for Issuance of Industrial Revenue Bonds to Assist the Fore Courthouse Seniors Limited Partnership in Acquiring, Constructing, and Equipping a Residential Rental Housing Development for the Elderly; deleted Item 8.C.12., Approval of Utility Contract for King I s Farm at Ri verdowns; added Item 5/23/01 01-420 - 8.C.17.d., Transfer of District Improvement Funds from Each of the District Improvement Funds to the Virginia Hispanic Chamber of Commerce for a Career and Community Service Fair; added Item 8. C. 17 . e., Transfer of District Improvement Funds from the Matoaca District Improvement Fund to the Parks and Recreation Department for Ettrick Park Basketball Court Improvements; added Item 8.C.17.f., Transfer of District Improvement Funds from the Matoaca District Improvement Fund to the Chesterfield Fire Department to Purchase Fire Helmets; added Item 8.C.20., Approval of Request from Planning Commission for Time Extension for Zoning Ordinance Amendment Relative to Floodplains in the Swift Creek Reservoir Watershed; replaced Item 10.B., Status Report on the General Fund Balance, Reserve for Future Capital Projects, District Improvement Funds and Lease Purchases; and adopted the Agenda, as amended. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 5. RESOLUTIONS AND SPECIAL RECOGNITIONS 5.A. RECOGNIZING THE 2001 CLEAN BUSINESS OF THE YEAR Ms. Heidi Risner, Recycling and Litter Prevention Educator, stated that the Keep Chesterfield County Clean Advisory Board initiated a program called the "Clean Business of the Month," which cited a County business each month for exemplary appearance and practices in regards to litter control and prevention. She reviewed the criteria by which businesses were chosen for this award. She stated that the recipient of the "2001 Clean Business of the Year" award is McDonald's Family Restaurant located on Hopkins Road. She introduced Mr. Bruce Turner, Store Manager, and Ms. Sandy Romanosky, First Assistant Manager, who were present to receive the resolution. On motion of the Board, the following resolution was adopted: - WHEREAS, Chesterfield County and the Keep Chesterfield County Clean Advisory Board recognize the importance of the County's business community and the value of setting an example for a litter-free environment; and WHEREAS, the members of the Keep Chesterfield County Clean Advisory Board selected two businesses in each of the magisterial districts that exemplify a business with a litter- free appearance and well maintained grounds; and WHEREAS, a panel of judges selected one business from the ten designees which stood above and beyond all others in its appearance, its grounds maintenance, its litter-free grounds and parking lot, and its practices of providing trash receptacles and maintaining dumpsters; and WHEREAS, McDonald's Family Restaurant of 5925 Hopkins Road, located in the Dale Magisterial District of Chesterfield County was selected as the "2001 Clean Business of the Year"; and WHEREAS, it is the desire of the Chesterfield County Board of Supervisors to recognize McDonald's Family Restaurant as the "2001 Clean Business of the Year." - NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors publicly recognizes McDonald's Family Restaurant and expresses appreciation for the commitment and dedication of the business to keeping Chesterfield County clean, green and beautiful. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 5/23/01 01-421 Mr. Miller presented the executed resolution to Mr. Turner, expressed appreciation for McDonald's beautification efforts, and congratulated the business upon being named the "2001 Clean Business of the Year." S.B. RECOGNIZING BON SECOURS RICHMOND HEALTH SYSTEM UPON THE LOCATING OF SAINT FRANCIS MEDICAL CENTER IN CHESTERFIELD COUNTY Mr. Stegmaier introduced Mr. Ed Gerardo, who was present to receive the resolution. On motion of the Board, the following resolution was adopted: WHEREAS, The Sisters of Bon Secours organization originated in France in 1824, dedicated to providing medical and spiritual care for the sick and dying, regardless of income or social standing; and WHEREAS, wi thin the region Bon Secours operates Saint Mary's Hospital, Memorial Regional Medical Center, Richmond Community Hospital, Bon Secours Hospice and Home Care, several physician practices and, within Chesterfield County, operates Bon Secours Imaging Center, Bon Secours Retirement Community at Ironbridge and Ironbridge Medical Park; and WHEREAS, Bon Secours Richmond Health System plans to develop a state-of-the-art medical center, including a 130-bed acute care hospital and adjacent medical office buildings for physicians and other health care providers; and WHEREAS, this medical center will be known as the Saint Francis Medical Center, and a ground breaking took place on April 12, 2001" and WHEREAS, the medical center will provide 24-hour emergency care, obstetrics, pediatrics, orthopedics, surgery and other services; and .---' WHEREAS, 400 jobs will be provided, with an annual payroll projected at $20 million by 2005; and WHEREAS, the 200,.000-square-foot center will open in the summer of 2003; and WHEREAS, the Powhatan, Amelia, counties. medical center Cumberland, will serve Buckingham Chesterfield, and Goochland NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors expresses its best wishes to the Bon Secours Richmond Health System in this endeavor, and welcomes the Saint Francis Medical Center, its physicians and other health care providers to Chesterfield County, Virginia. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. Mrs. Humphrey presented the executed resolution to Mr. Gerardo and expressed appreciation for Bon Secours providing a much needed facility in Chesterfield County. Mr. Gerardo expressed appreciation to the Board for the recognition. 5/23/01 01-422 5.C. RECOGNIZING MS. MARTHA E. WILLOUGHBY. ACCOUNTING DEPARTMENT. UPON HER RETIREMENT Ms. Lyle introduced Ms. Martha Willoughby, who was present to receive the resolution. On motion of the Board, the following resolution was adopted: - WHEREAS, Ms. Martha E. Willoughby will retire on July 1, 2001 after providing over twenty-five years of dedicated and faithful service to Chesterfield County; and WHEREAS, Ms. Willoughby accepted emploYment with the Accounting Department originally in 1976 as an Account Clerk III, and through hard work and dedication progressed to her current position as a Benefits Specialist; and WHEREAS, Ms. Willoughby was selected as the Accounting Department's Employee of the Year for 1992, recognizing her hard work, customer service, and dedication; and WHEREAS, Ms. Willoughby has witnessed the growth of Chesterfield County from less than 1,000 employees in 1976 to more than 4,000 currently, and the growth of technology in Accounting, from one shared mainframe terminal to personal computers on every desk; and WHEREAS, Ms. Willoughby has had key roles in improving automation by being involved in the implementation of two new payroll systems as well as the Electronic Federal Tax Payment System; and - WHEREAS, Ms. Willoughby has affected every County employee, through the withholding and reporting of more than one-half billion dollars in payroll taxes over the span of her career; and WHEREAS, Ms. Willoughby was solely responsible for reconciling wages and taxes for all County employees to ensure accurate reporting to the federal and state government, including the preparation, printing and distribution of annual W-2's; and WHEREAS, Ms. Willoughby helped guarantee health and dental insurance for employees, former employees, and retirees by the monthly reconciliation and payment of premiums; and WHEREAS, Ms. Willoughby has helped to ensure the secure futures of all full-time employees by accurately reporting monthly retirement and life insurance benefits to the Virginia Retirement System; and WHEREAS, Ms. Willoughby has established and nurtured a relationship with retirees that truly exemplifies the County's goal to provide world-class customer service; and WHEREAS, Ms. Willoughby boasts a vast wealth of knowledge that is drawn upon by many, and her steel-trap memory of past events is a valuable resource that will be greatly missed; and ,............ WHEREAS, Ms. Willoughby has demonstrated her loyalty to Chesterfield County through her dedication, conscientiousness and positive attitude. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors publicly recognizes Ms. Martha E. Willoughby and extends its appreciation for her twenty-five years of dedicated service to the County, congratulations upon 5/23/01 01-423 her retirement, retirement. and best wishes for a long and happy Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. Mrs. Humphrey presented the executed resolution and a Jefferson Cup to Ms. Willoughby, accompanied by her daughter, expressed appreciation for her dedicated service to the County, and wished her well in her retirement. Ms. Willoughby expressed appreciation to the Board for the recognition and stated that she will miss her co-workers. -' 6 . WORK SESSIONS o EMERGENCY MEDICAL SERVICES REVENUE RECOVERY Virginia Beach Fire Chief Bruce Edwards presented a briefing on the operations and recruitment/retention efforts of Virginia Beach's Emergency Medical Services (EMS) system. He stated that the city's EMS system includes 11 volunteer rescue squads and both volunteer and career firefighters. He reviewed the staffing history of the city's rescue squads and fire department which evolved into an EMS system in 1984 and stated that efforts have been made to ensure that the volunteer rescue squads will continue to be a part of the city's culture. He further stated that Virginia Beach has struggled over the years with recruitment issues and the lack of cross-sharing manpower. He presented each Board member with a packet of information relative to the Virginia Beach System and stated that the rescue squad philosophy is that volunteers are considered to be non-compensated city employees expected to pull their share of duties. He reviewed volunteer rescue squad recruitment efforts and stated that extensive media coverage plays an important role in recruiting volunteers. He then reviewed the city's efforts towards integrating the best use of resources through an Emergency Response System concept. He stated that the city has adopted a quality services philosophy and indicated that 15 percent of the daily ambulance users are sent a customer satisfaction survey. He further stated that Virginia Beach is blessed to have approximately 700 to 800 applications for volunteer rescue squad service annually and indicated that the city is beginning to concentrate more on retention efforts because of the loss of approximately 180 volunteers per year. He recognized Deputy Chief Jim Carter who was also present at the meeting. There was brief discussion relative to paid firefighters volunteering in rescue squads. When asked, Chief Edwards stated that Virginia Beach has more than twenty firefighters who are also affiliated a volunteer rescue squad. Mrs. Humphrey questioned Virginia Beach IS abili ty to operate such a successful EMS system without the need for revenue recovery. Chief Edwards stated that Virginia Beach does not see revenue recovery as a viable option at this time and indicated that concerns have been expressed in the city that revenue recovery might disturb the $1.4 million being received annually through donations. ,-' Discussion, questions and comments ensued relative to Virginia Beach's EMS budget. 5/23/01 01-424 Chief Edwards stated that the City of Virginia Beach saves approximately $7.5 to $8 million through in-kind services performed annually by EMS volunteers. He further stated that the paid and volunteer professionals have a good, harmonious working relationship. He stated that the free EMS service offered by Virginia Beach is a morale-drawing tool as well as a tradition that generates community support. - Discussion ensued relative recruitment efforts and volunteers. to the cost of Virginia Beach's the background of the city's Mrs. Humphrey requested a statistical breakdown of the basic background of the city's volunteers medical students, military personnel, homemakers, health professionals, etcetera. When asked, Chief Edwards stated that staffing of the rescue squads is based on manpower availability and is determined through a demand-intensity formula based on average call volume throughout each hour of the day. He further stated that five to six ambulances are staffed on a daily basis and noted that the city is concentrating on a goal of seven. Discussion, questions and comments ensued relative to the city's EMS service to rural areas; its handling of non- emergency calls for service; and EMS response goals. Chief Edwards stated that the city has a goal of six minutes to reach the scene of an incident and statistics indicate that the average time for reaching the scene is 5.5 minutes. - When asked if the city were to find itself in a position where it was unable to meet its demand for staffing and was not able to meet response goals, Chief Edwards indicated that the city would be looking at not only the option of revenue recovery but other options as well. He stated that it is his goal and has been for many years to prevent the EMS system from finding itself in such a position. Mr. Barber expressed concerns that the County is not able to meet its response time goal and stated that he feels this is an issue that must be addressed. Mr. Miller expressed concerns relative to the number of calls for service that Virginia Beach receives compared to Chesterfield. Chief Edwards stated that Chesterfield receives approximately 18,000 calls for service annually and Virginia Beach receives nearly 30,000 calls. Mr. Miller expressed appreciation informative presentation. for Chief Edwards' - Chesterfield's Deputy Fire Chief Frank Edwards presented a briefing on the Emergency Medical Services (EMS) revenue recovery proposal. He reviewed the objective and outcomes of the plan and stated that staff feels the proposal is both sensitive to the needs of County citizens as well as to the concerns that have been expressed by volunteer rescue squads. He stated that approximately 91 percent of County residents has some form of health insurance and indicated that health insurance provides for the cost of ambulance transports. He further stated that one of the main foundations of the proposal is to ensure fairness and take into consideration the patient's ability to pay for the service, and indicated that citizens would have the ability to petition the County for a reduction of their bill through the indigent care program. He stated 5/23/01 01-425 that the proposal conElists of three basic components: billing for medical transports; a subscription membership program; and the indigent care program. He stated that the annual fee for the subscription program would be approximately $59 which would offset deductibles, co-pays or balances for ambulance transports. He further stated that the revenues collected through the subscription program would be distributed to the appropriate EMS agency based on the area in which the subscriber lives. He stated that the proposal is recommended only for those transports completed by 24-hour staffed Fire Department ambulances and the Ettrick-Matoaca Volunteer Rescue Squad and indicated that the daytime volunteer ambulances staffed by Fire Department personnel would not be a part of the program as requested by the volunteer rescue squads. He reviewed the proposed billing process included in the revenue recovery plan. Mr. Miller expressed concerns relative to inconsistency in billing should both fire and volunteer ambulance services be required for the same incident. Deputy Chief Edwards reviewed proposed transport charges based on data provided by the Fitch and Associates, the County's EMS revenue recovery consultant, and proj ected transport revenue from FY2002 through FY2006. He stated that revenue generated by revenue recovery would be used to fund future system enhancements; documented loss of donation funds from volunteer rescue squads as a result of the revenue recovery program; and the volunteer recruitment and retention programs. He noted that 65 percent of the revenue received through revenue recovery would be distributed back to the transporting agency for them to fund more specific improvements in their operations such as equipment and vehicles for the agency. He then reviewed long term management issues, When asked, Deputy Chief fee would be covered in insurance who pay the subscription program. management issues and bill for EMS services from FY2002-FY2006. Edwards stated the ambulance transport its entirety for participants without annual subscription fee through the He continued to review long term also reviewed other state agencies who and prioritized EMS system improvements _.- Concerns were raised relative to billing for services to residents in neighboring jurisdictions. Mrs. Humphrey stated that she feels residents of neighboring jurisdictions should be billed under the proposal if a Chesterfield County ambulance provides transport. She requested that Deputy Chief Edwards provide additional clarification to the Board on this issue. 7. DEFERRED ITEMS There were no Deferred Items at this time. a . NEW BUSINESS a.A. CONSIDERATION OF REVISIONS TO THE ZONING ORDINANCE RELATING TO FLAGS Mr. Jacobson stated that at its .April 25, 2001 meeting, the Board approved changes to the County's zoning ordinance relating to flags that limit government flags to 150 square feet, non-government flags to 50 squarE~ feet, and total flag area per pole to 150 square feet. He further stated that, 5/23/01 01-426 subsequent to that meeting, Mrs. Humphrey and Mr. Miller requested that staff prepare an amendment to the zoning ordinance which would remove the size restriction upon the display of the American flag. He stated that staff is recommending that the Board refer the proposed ordinance amendment to the Planning Commission for a public hearing and recommendation. ,- Discussion, questions and comments ensued relative to the necessity for the Planning Commission to review the ordinance and also the possibility of directing the Planning Commission to make its recommendation prior to the Board's June 20, 2001 meeting. Mr. Warren made a motion for the Board to refer the proposed zoning ordinance amendment relating to flags to the Planning Commission with the instructions that the size of the American flag not be restricted. Due to lack of a second, Mr. Warren's motion failed. Mr. Miller expressed concerns relative to displaying of the American flag on the side of buildings. Mr. Micas stated that flags of unlimited size would only be permitted if attached to a pole, according to the proposed ordinance. Mr. Barber made a motion, seconded by Mr. Warren, for the Board to refer the proposed zoning ordinance amendment relating to flags to the Planning Commission for a public hearing and recommendation. )........ Mrs. Humphrey suggested that the Board add to its a motion a recommendation that the Planning Commission hold a public hearing and make its recommendation at their next meeting. Mr. Barber suggested that, rather than adding Mrs. Humphrey's suggested amendment, perhaps the Board members should contact their Planning Commission representatives and make the suggestion. Mrs. Humphrey requested that each Board member contact their Planning Commissioner and express the Board's desire to hold a public hearing on the proposed ordinance as soon as possible. Mrs. Humphrey then called for a vote on the motion of Mr. Barber, seconded by Mr. Warren, for the Board to refer the proposed zoning ordinance amendment relating to flags to the Planning Commission for a public hearing and recommendation. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. S.B. APPOINTMENTS o CAMP BAKER MANAGEMENT BOARD - On motion of Mr. McHale, seconded by Mr. Warren, the Board suspended its rules at this time to allow simultaneous nomination/appointment of a member to serve on the Camp Baker Management Board. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 5/23/01 01-427 On motion of !VIr. Warren, seconded by Mr. Barber I the Board simultaneously nominated/appointed Mr. Hubert Urban to serve on the Camp Baker Il.1anagement Board, whose term is effective May 1, 2001 and will expire April 30, 2004. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. S.C. CONSENT ITEMS On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board removed Item 8. C. 16., Request to Aid Balzer and Associates Incorporated in the Acquisition of Offsite Sewer and Temporary Construction Easements for Bridlewood Forest Subdivision, from the Consent Agenda to allow for public comment. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 8.C.1. SET DATES FOR PUBLIC HEARINGS 8.C.1.a. TO REVISE FY2001 SCHOOL OPERATING FUND On motion of Mr. McHale, seconded by Mr. Barber, the Board set the date of June 20, 2001 at 7:00 p.m. for a public hearing to consider increasing School revenues and appropriations in the School Operating Fund by $752,355 and also requested the consideration of reserving approximately $2,382,185 at year-end to carryover to FY2002 for re-appropriation. Ayes: Humphrey, Miller', Barber, McHale and Warren. Nays: None. 8.C.1.b. TO CONSIDER AN ORDINANCE REDISTRICTING MAGISTERIAL DISTRICT BOUNDARIES AND ADJUSTING VOTING PRECINCT BOUNDARIES AND POLLING PLACES On motion of Mr. McHale, seconded by Mr. Barber, the Board set the date of June 20, 2001 at 7:00 p.m. for a public hearing to consider an ordinance redistricting magisterial district boundaries and adjusting voting precinct boundaries and polling places. And, further, the Board directed staff to schedule two public meetings for public comments on redistricting. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 8.C.1.c. TO CONSIDER THE LEASING OF COUNTY PROPERTY AT HENRICUS PARK On motion of Mr. McHale, seconded by Mr. Barber, the Board set the date of June 20, 2001 at 7:00 p.m. for a public hearing to consider the leasing of space in the Henricus Visitors' Center. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 5/23/01 01-428 8.C.1.d. TO CONSIDER FY2002 THROUGH FY2007 SECONDARY ROAD SIX YEAR IMPROVEMENT PLAN. FY2002 SECONDARY ROAD IMPROVEMENT BUDGET. CHESTERFIELD ROAD FUND AND SURFACE TRANSPORTATION PROGRAM FUND PROJECT DEVELOPMENT SCHEDULES. DESIGNATION OF FY2002 CHESTERFIELD ROAD FUND PROJECTS. AND APPROPRIATION AND TRANSFER OF FUNDS - On motion of Mr. McHale, seconded by Mr. Barber, the Board set the date of June 20, 2001 at 7:00 p.m. for a public hearing to consider the FY2002 through FY2007 Secondary Road Six Year Improvement Plan, FY2002 Secondary Road Improvement Budget, Chesterfield Road Fund and Surface Transportation Program Fund Project Development Schedules, designation of FY2002 Chesterfield Road Fund Projects, appropriation of $332,000 in Road Cash Proffers, and transfer of $340,000 as outlined in the Project Acceleration Schedule. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 8.C.1.e. TO CONSIDER THE APPROPRIATION OF FUNDS FOR THE OLD BUCKINGHAM ROAD PROJECT On motion of Mr. McHale, seconded by Mr. Barber, the Board set the date of June 20, 2001 at 7:00 p.m. for a public hearing to consider the appropriation of funds for the Old Buckingham Road (Silver Creek Court to Olde Coalmine Road) Project. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 8.C.1.f. TO CONSIDER THE APPROPRIATION OF FUNDS FOR THE GENITO ROAD/WOOLRIDGE ROAD INTERSECTION PROJECT On motion of Mr. McHale, seconded by Mr. Barber, the Board set the date of June 20, 2001 at 7:00 p.m. for a public hearing to consider the appropriation of $700,000 in anticipated Virginia Department of Transportation reimbursements for the Genito Road/Woolridge Road Intersection Project. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 8.C.1.g. TO CONSIDER TaE APPROPRIATION OF FUNDS FROM COLONIAL HEIGHTS FOR THE EMERGENCY COMMUNICATIONS SYSTEM PROJECT On motion of Mr. McHale, seconded by Mr. Barber, the Board set the date of June 20, 2001 at 7:00 p.m. for a public hearing to consider the appropriation of up to $1.8 million in funds received from the City of Colonial Heights for the Emergency Communications System Project. ,- Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 5/23/01 01-429 a.C.2. APPROVAL OF RESOLUTIONS a.C.2.a. RECOGNIZING GIRL SCOUTS UPON ATTAINING THE RANK OF GOLD AWARD a.C.2.a.1. MISS DANIELLE MARIE IRVING On motion of Mr. McHale, seconded by Mr. Barber, the following resolution was adopted by the Board: 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 t raining 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 aged 14-17 or In grades 9-12 and is received by less percent of those individuals entering the Girl movement; and by girls than six Scouting WHEREAS, Miss Danielle Marie Irving, 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, Danielle is indeed a member of a new generation of prepared young citizens of whom we can all be very proud. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors hereby extends its congratulations to Miss Danielle Marie Irving on her attainment of the Gold Award and acknowledges the good fortune of the County to have such an outstanding young woman as one of its citizens. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. a.C.2.a.2. MISS SARArI ELIZABETH GEORGE On motion of Mr. McHale, seconded by Mr. Barber, the following resolution was adopted by the Board: WHEREAS, the Girl Scouts of the United States of America is an organization serving over 2.6 million girls and was founded to promote citizensh training and personal development; and WHEREAS, after earning four interest project patches, the Career Exploration Pin, the Senior Girl Scout Leadership Award, 5/23/01 01-430 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 aged 14-17 or in grades 9-12 and is received by less percent of those individuals entering the Girl movement; and by girls than six Scouting WHEREAS, Miss Sarah Elizabeth George, 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, Sarah is indeed a member of a new generation of prepared young citizens of whom we can all be very proud. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors hereby extends its congratulations to Miss Sarah Elizabeth George on her attainment of the Gold Award and acknowledges the good fortune of the County to have such an outstanding young woman as one of its citizens. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. a.C.2.a.3. MISS AMY PATRICIA HORNING On motion of Mr. McHale, seconded by Mr. Barber, the following resolution was adopted by the Board: WHEREAS, the Girl Scouts of the United States of America is an organization serving over 2.6 million girls and was founded to promote ci tizenship 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 aged 14-17 or in grades 9-12 and is received by less percent of those individuals entering the Girl movement; and by girls than six Scouting WHEREAS, Miss Amy Patricia Horning, 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 5/23/01 01-431 WHEREAS, growing through her experiences in Girl Scouting, learning the lessons of responsible citizenship, and priding herself on the great accomplishments of her Country, Amy is indeed a member of a new generation of prepared young citizens of whom we can all be very proud. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors hereby extends its congratulations to Miss Amy Patricia Horning on her attainment of the Gold Award and acknowledges the good fortune of the County to have such an outstanding young woman as one of its citizens. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. a.C.2.b. REQUESTING LAND AND WATER CONSERVATION FUNDS FOR A G~' FOR ROBIOUS LANDING PARK PHASE II PROJECT FROM THE VIRGINIA DEPARTMENT OF CONSERVATION AND RECREATION AND APPROPRIATION OF FUNDS On motion of Mr. McHale, seconded by Mr. Barber, the following resolution was adopted by the Board: WHEREAS, the Department of Conservation and Recreation (OCR), provides funds to assist political subdivisions of the Commonwealth of Virginia in acquiring and developing open space and park lands; and WHEREAS, there are urgent needs wi thin the County of Chesterfield to develop park land; and WHEREAS, this al~ea is deemed of high acquisition and development priority by said County of Chesterfield and shall be referred to as Robious Landing Park Phase II. WHEREAS, in order to attain funding assistance from OCR, it is necessary that the County of Chesterfield guarantee a proportionate share of the cost thereof is available; and WHEREAS, the proportionate project share of $200,000 is funded by the County of Chesterfie d. NOW, THEREFORE BE IT RESOLVED, by the Chesterfield County Board of Supervisors that the County Administrator is hereby authorized to provide such information or materials as may be necessary to the appropriate state agency and to enter into such agreements as may be necessary to permit the formulation, approval and funding of the Robious Landing Park Phase II Project. AND, BE IT FURTHER RESOVv'ED, that the County of Chesterfield gives its assurance that the funds needed as the proportionate share of the cost of the approved program will be provided, up to $200,000. AND, BE IT FURTHER RESOLVED, that the County of Chesterfield gives its assurance that the General Provisions of the Land and Water Conservation Fund (L&WCF) Act and the Virginia Outdoors Fund Fiscal Procedures will be complied with in the administration of this project. AND, BE IT FURTHER RESOLVED, that the County of 5/23/01 01-432 Chesterfield will operate and maintain the public recreation facility in good condition and will provide permanent project acknowledgment signs of the participating funding agencies and that this signage will clearly state that the said facility is a "public" recreational facility. - AND, BE IT FURTHER RESOLVED, that the County of Chesterfield shall dedicate the metes and bounds of the Robious Landing Park Phase II properties, in perpetuity, for public outdoors recreational purposes in accordance with the Land and Water Conservation Fund (L&WCF) Act. AND, BE IT FURTHER RESOLVED, that the County of Chesterfield gives its assurance that all other applicable federal and state regulations governing such expenditure of funds will be complied with in the administration, development, and subsequent operation of this Robious Landing Park Phase II Project. AND, BE IT FURTHER RESOLVED, that the Department of Conservation and Recreation is respectfully requested to assist in approval and funding of the Robious Landing Park Phase II Project in order to enhance the standard of recreational enjoyment for all our citizenry. And, further, the Board approved the appropriation of up to $68,900 upon notification of the grant award. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. - a.C.2.c. RECOGNIZING FIRST BAPTIST CHURCH UPON ITS 155TH ANNIVERSARY On motion of Mr. McHale, seconded by Mr. Barber, the following resolution was adopted by the Board: WHEREAS, the First Baptist Church originated at Spring Creek Baptist Church, now known as Bethlehem Baptist Church, at 9600 Midlothian Turnpike; and WHEREAS, by the mid 1840's, the church's black membership had grown to approximately 800 members; and WHEREAS, this growth led to the formation of two congregations that were exclusively for blacks, who at that time in American history worshiped separately; and WHEREAS, one of these two congregations became First African Baptist Church of Midlothian; and WHEREAS, on February 8, 1846, six men organized the First African Baptist Church of Coalfield, which prospered until it was destroyed in a fire in 1877; and WHEREAS, the church was rebuilt and renamed the First Baptist Church; and WHEREAS, this burgeoning congregation gave birth to six more churches: Mt. Nebo; Mt. Calvary; Bethlehem Baptist; Spring Creek; Mount Sinai and Friendship Memorial Baptist Church; and WHEREAS, First Baptist Church is now under the leadership of Dr. C. Warren Massenburg; and 5/23/01 01-433 WHEREAS, First Baptist Church has many ministries, including Girl Scout and Brownie troops; a Combined Choir; Bible Study; a Prison ministry; Seniors ministry; Children's Nursery; Men and Boy's ministry; Young Adult Usher ministry; Christian Women Uni tE=d ministry i Audio-Video ministry and Library; and WHEREAS, First Baptist Church has been an honored and important part of Chesterfield County for 155 years. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors recognizes the historic and ongoing importance of First Baptist Church, extends congratulations to its congregation on the occasion of the church's 155th anniversary, and wishes them continued success. ~.' Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 8 . C . 2 . d. NAMING THE I.A PRADE LIBRARY BUILDING FOR MARY ANN HARMON On motion of Mr. McHale, seconded by Mr. Barber, the following resolution was adopted by the Board: WHEREAS, l"1s. Mary Ann Harmon has been a member of the Friends of the Library since 1985 and has served as President since 1986; and WHEREAS, under her leadership, the Friends received awards for outstanding achievement fr:om the Virginia Library Association in 1993, 1994 and 1998 and the 1995 Friends of Virginia Libraries Outstanding Recognition Award; and WHEREAS, Ms. Harmon was elected delegate to the 1991 Virginia Governor's Conference on Libraries and Information Services and was appointed by the Governor to a five-year term - on The Library of Virginia Board and currently serves as chair of that Board; and WHEREAS, Ms. Harmon spearheaded the Friends' anniversary Books are Friends essay contest which involved 500 students with their parents and teachers, together school, government and business leaders: and 25th over with WHEREAS, :Ms. Harmon was chosen in 1999 to Virginia Public Library Directors Association Outstanding Library Friend; and receive award the for WHEREAS, Board passed "volunteerism libraries"; and on November 13, 2000, The Library of Virginia a resolution honoring Ms. Harmon for her in support of the Commonwealth's public WHEREAS, fJIs. Harmon was named Library Ambassador in 2000 by the Friends of the Chesterfield County Public Library for her leadership and devotion to public library service; and WHEREAS, Ms. Harmon was a major supporter of Chesterfield County bond referenda in 1988 and 1996; and WHEREAS, Ms. Harmon has provided major Friends financial support to the library over the years, including $35,000 for ten units of a computerized catalog system in 1991 and $30,000 in 1996 to launch an on-line public access electronic periodical retrieval system. -' NOv-l, THER.EFORE BE IT RESOLVED, that the Chesterfield 5/23/01 01-434 County Board of Supervisors recognizes Ms. Mary Ann Harmon by naming the La Prade Branch Library Building, the "Mary Ann Harmon Building." AND, BE IT FURTHER RESOLVED, that a copy of this resolution be presented to Ms. Harmon at the dedication ceremony and that this resolution be permanently recorded among the papers of the Board of Supervisors of Chesterfield County, Virginia. - Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. a.C.2.e. NAMING THE LA PRADE LIBRARY MEETING ROOM FOR ERMA C. ROBINS On motion of Mr. McHale, seconded by Mr. Barber, the following resolution was adopted by the Board: WHEREAS, Mrs. Erma C. Robins served from 1965 through 1970 as a member of the first Chesterfield County Public Library Board of Trustees which created a public library system for the County; and WHEREAS, Mrs. Robins spoke at the dedication ceremony for the original La prade Library held October 31, 1976; and WHEREAS, Mrs. Robins served as a member of the board that organized the first Friends of the Library and later served as Treasurer; and WHEREAS, Mrs. Robins has continued as an active member of the Friends of the Library bringing a valuable perspective by sharing her broad knowledge of the Friends and public library service in addition to serving on membership and staff appreciation committees. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors recognizes Mrs. Erma C. Robins by naming the La Prade Library Meeting Room, the "Erma C. Robins Meeting Room." AND, BE IT FURTHER RESOLVED, that a copy of this resolution be presented to Mrs. Robins at the dedication ceremony and that this resolution be permanently recorded among the papers of the Board of Supervisors of Chesterfield County, Virginia. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. a.C.2.f. RECOGNIZING MRS. WANDA F. JENKINS. PARKS AND RECREATION DEPARTMENT. UPON HER RETIREMENT On motion of Mr. McHale, seconded by Mr. Barber, the following resolution was adopted by the Board: - WHEREAS, Mrs. Wanda F. Jenkins retired April 30, 2001 after providing 25 years of dedicated and faithful service to Chesterfield County; and WHEREAS, Mrs. Jenkins began her emploYment with the Police Department in 1976 and transferred to the Parks and Recreation Department as a Clerk-Stenographer I in October 1980; and WHEREAS, in 1984 Mrs. Jenkins assumed numerous financial 5/23/01 01-435 responsibilitiE~s and was reclassified as a Senior Account Clerk; in 1985 was promoted to a newly established Principal Account Clerk position; and in 1986 was reclassified to a Recreation Finance Specialist, directing and managing all financial operations of the Department including accounts payables, receivables, purchasing procedures, and budget development and maintenance; and WHEREAS, Mrs. Jenkins also assumed the role of "Systems Administrator," having researched and implemented a department network operation which automated all financial operations including athletic scheduling and field maintenance, facility reservations, and program registration; and -. WHEREAS, to solidify her computer expertise, Mrs. Jenkins developed a time study and wrote an article called "A Computerization Trail" which was published in Virginia Town and ~, International City/County Management Association, and also lectured on the subject in N~w York and has been called upon to advise other localities not only in the United States, but also in Japan and Hawaii; and WHEREAS, in 1991, Mrs. Jenkins was nominated for Chesterfield County's Employee of the Year to recognize her outstanding efforts; and WHEREAS, Mrs. Jenkins was reclassified to the Department's Systems Automation Specialist, where she continued to make great strides in her automation/software skills allowing the Department to become more technologically advanced through the implementation of credit card registration; and WHEREAS, l-1rs. Jenkins consistently provided the highest level of customer service and teamwork, always quick to respond in a manner that promoted the success of the department and Chesterfield County, and demonstrated her loyalty to the County through her dedication, conscientiousness, knowledge and application of numerous skills and capabilities and her continuous quest for quality improvement. _Ii' NOW, THER.EFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors recognizes Mrs. Wanda F. Jenkins and extends its appreciation for her 25 years of dedicated service to the County, congratulations upon her retirement, and best wishes for a long and happy retirement. Ayes: Humphrey, Miller, BarberI McHale and Warren. Nays: None. a.c.2.g. RECOGNIZING MR. CORY E. HUGHES UPON ATTAINING THE RANK OF EAGLE SCOUT On motion of Mr. McHale, seconded by Mr. Barber, the following resolution was adopted by the Board: 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 variet;{ of skills including leadership, service and outdoor life, serving in a leadership position in a troop, carrying out a service proj ect beneficial to his community, 5/23/01 01-436 being active in the troop, demonstrating Scout spirit, and living up to the Scout Oath and Law; and WHEREAS, Mr. Cory E. Hughes, Troop 829, sponsored by Saint Matthias Episcopal Church, has accomplished those high standards of commitment and has reached the long-sought goal of Eagle Scout, which is earned by only four percent of those individuals entering the Scouting movement; and - WHEREAS, growing through his experiences in Scouting, learning the lessons of responsible citizenship, and endeavoring to prepare himsel f for a role as a leader in society, Cory has distinguished himself as a member of a new generation of prepared young citizens of whom we can all be very proud. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors hereby extends its congratulations to Mr. Cory E. Hughes on his attainment of Eagle Scout, and acknowledges the good fortune of the County to have such an outstanding young man as one of its citizens. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. a.C.2.h. CONFIRMING THE PROCEEDINGS OF THE CHESTERFIELD COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY FOR ISSUANCE OF INDUSTRIAL REVENUE BONDS TO ASSIST THE FORE COURTHOUSE SENIORS LIMITED PARTNERSHIP IN ACOUIRING. CONSTRUCTING. AND EOUIPPING A RESIDENTIAL RENTAL HOUSING DEVELOPMENT FOR THE ELDERLY On motion of Mr. McHale, seconded by Mr. Barber, the Board adopted the following resolution: WHEREAS, the Industrial Development Authority of Chesterfield County ("Authority") , has considered the application of Fore Courthouse Seniors, L.P., a Virginia limited partnership ("Borrower") requesting the issuance of the Authority'S revenue bonds in an amount not to exceed $4,200,000 ("Bonds") to assist in the financing of the Borrower's acquisition, construction and equipping of a rental housing development for the elderly consisting of approximately 47,200 square feet to be known as Courthouse Senior Apartments ("Project") to be located at 9851 Krause Road in Chesterfield County, Virginia, and has held a public hearing on April 19, 2001; and WHEREAS, Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Code"), provides that the governmental unit having jurisdiction over the issuer of private activity bonds and over the area in which any facility financed with the proceeds of private activity bonds is located must approve the issuance of the bonds; and ,........ WHEREAS! the Authority issues its bonds on behalf of the County of Chesterfield, Virginia ("County"); the Project is to be located in the County and the Board of Supervisors of the County of Chesterfield, Virginia ("Board") constitutes the highest elected governmental unit of the County; and WHEREAS, the Authority has recommended that the Board approve the issuance of the Bonds; and WHEREAS, a copy of the Authority'S resolution approving 5/23/01 01-437 the issuance of the Bonds, subject to the terms to be agreed upon, a certificate of the public hearing and a Fiscal Impact Statement have been filed with the Board. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF CHESTERFIELD, VIRGINIA: 1. The Board approves the issuance of the Bonds by the Authority for the benefit of the Borrower, as required by Section 147(f) of the Code and Section 15.2-4906 of the Code of Virginia of 19'30, as amended ("Virginia Code") to permit the Authority to assist in the financing of the Project. 2 . The approval of the issuance of the Bonds does not -' constitute an endorsement to a prospective purchaser of the Bonds of the creditworthiness of the Project or the Borrower. As required by Section 15.2-4909 of the Virginia Code, the Bonds shall provide that neither the County nor the Authority shall be obligated to pay the Bonds or the interest thereon or other costs incident thereto except from the revenues and moneys pledged therefor, and neither the faith and credit nor the taxing power of the Commonwealth of Virginia, the County or the Authority shall be pledged thereto. 3. The Board directs the County Administrator to request an allocation of the State Ceiling (as defined in Section 15.2- 5000 of the Virginia Code) in accordance with the applicable provisions of the Virginia Code, and any regulations or executive orders issued thereunder. 4. This resolution shall take effect immediately upon its adoption. Ayes: Humphrey Miller, Barber, McHale and Warren. Nays: None. 8.C.3. APPROVAL OF POLICY REGARDING AGENTS FOR PLANNING COMMISSION AND BOARD OF SUPERVISORS INITIATED ZONING CASES "-" On motion of l"1r. McHale, seconded by Mr. Barber, the Board adopted a policy for appointment of agents for Planning Commission and Board of Supervisors initiated zoning cases. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 8.C.4. APPROVAL OF A MEMORANDUM OF UNDERSTANDING WITH THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY TO JOIN THE LANDFILL METHANE OUTREACH PROGRAM AS A PARTNER ALLY On motion of lVJr. McHale, seconded by Mr. Barber, the Board authorized the County Administrator to execute a memorandum of understanding with the United States Environmental Protection Agency to join the Landfill Methane Outreach Program as a partner ally. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. '-'" a.c.s. AMENDMENT TO THE BOARD MINUTES OF MARCH 21, 2001 On motion of VIr . McHale, seconded by Mr. Barber, the Board 5/23/01 01-43B amended the minutes of March 21, 2001 to reflect a route number being changed by the Virginia Department of Transportation as follows: FROM: "On motion of Mrs. Humphrey, seconded by Mr. McHale, 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. Tvoe Chance to the Secondary System of State Hiahwavs: Addition Basis for Change: Addition, New subdivision street Statutory Reference: t33.1-229 Project: Amherst, Section 2 . Amherst Oak Lane, State Route Number: 4829 From: Amherst Ridge Wy., (Rt. 5426) To: Cul-de-sac, a distance of: 0.12 miles. Right-of-way record was filed on 12/30/1998 with the Office Of Clerk To Circuit Court in Pb. 102; Pg. 62, with a width of 40 Ft. . Amherst Oak Lane, State Route Number: 4829 From: Amherst Ridge Wy., (Rt. 5426) To: Cul-de-sac, a distance of: 0.07 miles. Right-of-way record was filed on 12/30/1998 with the Office Of Clerk To Circuit Court in Pb. 102; Pg. 62, with a width of 40 Ft. . Amherst Ridge Way, State Route Number: 5426 From: Amherst Ridge PI., (Rt. 5428) To: Amherst Oak Ln., (Rt. 4829), a distance of: 0.18 miles. Right-of-way record was filed on 12/30/1998 with the Office Of Clerk To Circuit Court in Pb. 102; Pg. 62, with a width of 50 Ft. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None." TO: "On motion of Mrs. Humphrey, seconded by Mr. McHale, the Board adopted the following resolution: 5/23/01 01-439 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. Tvoe Chanae to the Secondary System of State Hiahwavs: Addition Basis for Change: Addition, New subdivision street Statutory Reference: '33.1-229 Project: Amherst, Section 2 . Amherst Oal< Lane, State Route Number: 5429 From: Amherst Ridne Wy., (Rt. 5426) To: Cul-de-sac, ci distance at: 0.12 miles. Right-at-way record was filed on 12/30/19911 with the Office Of Clark To Circuil Gourt in Pb. 102; Pg. 62, with a width of 40 Ft. ",-"..,i>. . Amherst Oa'k Lane, State Route Number: 5429 From: Amherst Ridge Wy., (Rt. 5426) To: Cul-da-sac, a distance of: 0.07 miles. Righl-of-way record was filed on 12/30/19913 with the Office Of Clerk To Circuit Court in Pb. 102; Pg. 62, with a width of 40 Ft. . Amherst Riclge Way, State Route NUmber: 5426 From: Amherst Rid!~e PI., (Rt. 5428) To: Amherst Oa~; Ln., (Rt. 5429). a distance of: 0.18 miles. Right-of-way record was filed on 12/30/1998 with the Office Of Clerk To Circuit Court in Pb, 102; Pg. 62. with a width of 50 Ft. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None." Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 8.C.6. STATE ROAD ACCEPTANCE On motion of 'Mr. McHale, secondE:d by Mr. Barber, the Board adopted the following resolution: WHEREAS, recorded in the the street Clerk's described below Office of the is shown on plats Circuit Court of 5/23/01 01-440 Chesterfield County; and WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised this Board the street meets 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 street 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. TVDe Chanae to the Secondary Svstem of State Hiahways: Addition Basis for Change: Addition, New subdivision street Statutory Reference: A33.1-229 Project: Cedar Cliff, Section 3 . Hickory Glen Road, State Route Number: 4942 From: 0.03 Mi. N of Cedar Cliff Rd., (Rt. 4939) To: 0.13 Mi. N of Cedar Cliff Rd., (Rt. 4939), a distance of: 0.10 miles. Right-of-way record was filed on 2/25/1998 with the Office Of Clerk To Circuit Court in Pb. 97; Pg. 56, 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 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. TYDe Chanae to the Secondary System of State Hiahways: Addition Basis for Change: Addition, New subdivision street Statutory Reference: A33.1-229 Project: Meadow Creek, Section 0 . Creek Meadow Circle, State Route Number: 5459 5/23/01 01-441 From: Oregon Creek Dr., (Rt. 5451) To: Cul-de-sac, a distance of: 0.03 miles. Right-of-way record was filed on 8/2/1999 with the Office Of Clerk To Circuit Court in Pb. 106; Pg.21, with a width of 50 Ft. . Rolling Oaks Court, State Route Number: 5464 From: Oregon Creek Dr., (Rt. 5451) To: Cul-de-sac, a distance of: 0.10 miles. Right-of-way record was filed on 8/2/1999 with the Office Of Clerk To Circuit Court in Pb. 106; Pg. 21. with a width of 50 Ft. And, further, the Board adopted the following resolution: WHEREAS, the stn:ets 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, THERSFORE 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 unn:strictE:d right-of -way I 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. ,-"". TYDe Chanae to the Secondary System of State Hi~hwaYs: Additiol1 Basis for Change: Addition, New subdivision street Statutory Reference: ~33.1.229 Project: Hampton Pa!rl<, Sec. 3 . Hampton Arbor Circle, Stiate Route Number: 5239 From: Hampton Forest Dr., (Rt. 5194) To: 0.20 Mi. NE of Hampton Forest Dr., (Rt. 5194), a distance of: 0.20 miles. Right-of-way record was filed on 8/4/1998 with the Office Of Clerk To Circuit Court in Pb, 99; Pg, 78. with a width of 40 Fl. . Hampton Arbor Circle, State Route Number: 5239 From: Hampton Forest Dr., (Rt. 5194) To: Hampton Arbor Tr., (Ht. 5248), a distance of: 0.08 miles. Right-of-way record was filecl on 8/4/1998 with the Office Of Clerk To Circuit Court in Pb. 99; Pg, 78, with a width of 40 Ft. . Hampton Arbor Circle, State Route Number: 5239 From: Hampton Arbor Tr., (Rt. 5248) To: 0.16 M. SE of Hampton Forest Dr., (Rt. 5194), a distance of: 0.08 miles. Right-of-way record was filed on 8/4/1998 with the Office Of Clerk To Circuit Court in Pb. 99; Pg, 78, with a width of 40 Ft. 5/23/01 01-442 · Hampton Arbor Court, State Route Number: 5249 From: Hampton Arbor Cr., (Rt. 5239) To: Cul-de-sac, a distance of: 0.05 miles. Right-of-way record was filed on 8/4/1998 with the Office Of Clerk To Circuit Court in Pb. 99; Pg. 78, with a width of 40 Ft. . Hampton Arbor Terrace, State Route Number: 5248 - From: Hampton Arbor Cr., (Rt. 5239) To: Cul-de-sac, a distance of: 0.04 miles. Right-of-way record was filed on 8/4/1998 with the Office Of Clerk To Circuit Court in Pb. 99; Pg. 78, with a width of 40 Ft. · Hampton Forest Drive, State Route Number: 5194 From: 0.01 Mi. E of Hampton Park BI., (Rt. 5191) To: Hampton Forest Ln., (Rt. 5238), a distance of: 0.08 miles. Right-of-way record was filed on 8/4/1998 with the Office Of Clerk To Circuit Court in Pb. 99; Pg. 78, with a width of 40 Ft. . Hampton Forest Drive, State Route Number: 5194 From: Hampton Forest Ln., (Rt. 5238) To: Hampton Arbor Cr., (Rt. 5239), a distance of: 0.03 miles. Right-of-way record was filed on 8/4/1998 with the Office Of Clerk To Circuit Court in Pb. 99; Pg. 78, with a width of 40 Ft. . Hampton Forest Lane, State Route Number: 5238 From: Hampton Forest Dr., (Rt. 5194) To: 0.14 Mi. NE of Hampton Forest Dr., (Rt. 5194), a distance of: 0.14 miles. Right-of-way record was filed on 8/4/1998 with the Office Of Clerk To Circuit Court in Pb. 99; Pg. 78, with a width of 40 Ft. And, further, the Board adopted the following resolution: WHEREAS, the streets described below are shown on plats recorded in the Clerk's Office of the Circuit Court of Chesterfield County; and WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised this Board the streets meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation. NOW, THEREFORE BE IT RESOLVED, that this Board requests the Virginia Department of Transportation to add the streets described below to the secondary system of state highways, pursuant to ~ 33.1-229, Code of Virginia, and the Department1s 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 Chanae to the Secondary Svstem of State Hiahwavs: Addition Basis for Change: Addition, New subdivision street Statutory Reference: t33.1-229 Project: Hampton Park, Section 4 5/23/01 01-443 . Carlton Forest Court, State Route Number: 5265 From: Hampton Crest Cr., (Rt. 5232) To: Cul-de-sac, a distance of: 0.08 miles. Right-of-way record was filed on 12/2/1998 with the Office Of Clerk To Circuit Court in Pb. 102: Pg. 11, with a width of 40 Ft . Hampton Arbor Circle, State Route Number: 5239 From: 0.08 Mi E of Hampton Arbor TI'., (Rt. 5248) To: Hampton Arbor PI., (Rt. 5234), a distance of: 0.08 miles, Right-of-way record was filed on 12/2/1998 with the Office Of Clerk To Circuit Court in Pb. 102; Pg. 11, with a width of 40 Ft. . Hampton Arbor Circle, State Route Number: 5239 From: Hampton Arbor PI., (Rt. 5234) To: Hampton Arbor PI., (Rl 5234), a distance of: 0.02 miles, Right-of-way record was filed on 12/2/1998 with the Office Of Clerk To Circuit Court in Pb. 102; Pg. 11, with a width of 40 Ft. . Hampton Arbor Circle, State Route Number: 5239 From: Hampton Arbor PI., (Rt. 5234) To: 020 Mi. NE of Hampton Arbor Ct., (Rt. 5249), a distance of: 0.09 miles, Right-of-way record was filed, on 12/2/1998 with the Office Of Clerk To Circuit Court in Pb. 102: Pg, 11. with a width of 40 Ft. . Hampton Arbor Place, Stllte Route Number: 5234 From: Hampton Arbor Cr., (HI. 5239) To: Hampton Arbor Cr., (HI. 5239), a distance of: 0,06 miles, Right-of-way record was filed on 12/2/1998 with the Office Of Clerk To Circuit Court in Pb. 102; Pg. 11, with a width of 35 Ft. . Hampton Arbor Place, Loop, State Route Number: 5264 From: Hampton Arbor Cr., (HI. 5239) To: Hampton Arbor Cr., (Ht. 5239), a distance of: 0.03 miles. Right-of-way record was filed on 12/2/1998 with the Office Of Clerk To Circuit Court in Pb. 102: Pg. 11. with a width of 35 Ft. . Hampton Crest Circle, State Route Number: 5232 From: Hampton Forest Ln, (Rt. 5238) To: Hampton Crest Cr., Loop, (Rt. 5233), a distance of CL 11 miles. Right-of-way record was filed on 12/2/1998 with the Office Of Clerk To Circuit Court in Pb. 102: Pg. 11, with a width of 40 Ft. . Hampton Clrest Circle, State Route Number: 5232 From: 0.11 Mi. E of Hampton Forest Ln., (Rt. 5238) To: .017 Mi. E of Hampton Forest Ln., (Rt. 5238). a distance of: 0.06 miles, Right-of-way record was filed on 12/2/1998 with the Land Records Office in Pb. 102; Pg. 11, with a width of 40 Ft. . Hampton Crest Circle, State Route Number: 5232 From: 0.17 Mi. E of Hampton Forest Ln., (Rt. 5238) 01-444 -"",'. 5/23/01 To: Carlton Forest Ct., (Rt. 5265), a distance of: 0.05 miles. Right-of-way record was filed on 12/2/1998 with the Office Of Clerk To Circuit Court in Pb. 102; Pg. 11, with a width of 40 Ft. · Hampton Crest Circle, State Route Number: 5232 From: Carlton Forest Ct., (Rt. 5265) To: 0.27 Mi. E of Hampton Forest Ln, (Rt. 5238), a distance of: 0.05 miles. - Right-of-way record was filed on 12/2/1998 with the Office Of Clerk To Circuit Court in Pb. 102; Pg. 11, with a width of 40 Ft. · Hampton Crest Circle, Loop, State Route Number: 5233 From: Hampton Crest Cr., (Rt. 5232) To: Hampton Crest Cr., (Rt. 5232), a distance of: 0.04 miles. Right-of-way record was filed on 12/2/1998 with the Office Of Clerk To Circuit Court in Pb. 102; Pg. 11, with a width of 35 Ft. · Hampton Forest Lane, State Route Number: 5238 From: 0.14 Mi. N of Hampton Forest Dr., (Rt. 5194) To: Hampton Crest Cr., (Rt. 5232), a distance of: 0.02 miles. Right-of-way record was filed on 12/2/1998 with the Office Of Clerk To Circuit Court in Pb. 102; Pg. 11, with a width of 40 Ft. And, further, the Board adopted the following resolution: WHEREAS, the streets described below are shown on plats recorded in the Clerk's Office of the Circuit Court of Chesterfield County; and - WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised this Board the streets meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation. NOW, THEREFORE BE IT RESOLVED, that this Board requests the Virginia Department of Transportation to add the streets described below to the secondary system of state highways, pursuant to ~ 33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements. AND, BE IT FURTHER RESOLVED, that this Board guarantees a clear and unrestricted right -of -way, as described, and any necessary easements for cuts, fills and drainage. AND, BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. TVDe Chanae to the Secondary System of State Hiahwavs: Addition Basis for Change: Addition, New subdivision street Statutory Reference: fi33.1.229 Project: Hampton Park, Section 5 . Hampton Crest Circle, State Route Number: 5232 From: Hampton Forest Ln., (Rt. 5238) To: Hampton Crest PI., (Rt. 5270), a distance of: 0.04 miles. Right-of-way record was filed on 5/13/1999 with the Office Of Clerk To Circuit Court in Pb. 105; Pg. 1, with a width of 40 Ft. . Hampton Crest Circle, State Route Number: 5232 01-445 5/23/01 From: Hampton Crest PI., (Rt 5270) To: Hampton Crest Wy., (R:t. 5271), a distance of: 0 14 miles, Right-of-way record was filed on 5/13/1999 with the Office Of Clerk To Circuit Court in Pb, 105; Pg, 1. with a width of 40 Ft . Hampton Cre,st Circle, State Route Number: 5232 From: Hampton Crest Wy., (Ht. 5271) To: Hampton Crest Tr., (Rt. 5272), a distance of: 0,04 miles, Right-of-way record was filed on 5/13/1999 with the Office Of Clerk To Circuit Court in Pb. 105; Pg. 1, with a width of 40 Ft. . Hampton CrE~st Circle, State Route Number: 5232 From: Hampton Crest Tr., (Rt. 5272) To: Hampton Crest Ct., (Rt. 5273), a distance of: 0.08 miles, Right-of-way record was filed on 5/13/1999 with the Office Of Clerk To Circuit Court in Pb. 105; Pg. 1. with a width of 40 Ft. . Hampton CrE!st Circle, State Route Number: 5232' From: Hampton Crest Ct., (Rt 5273) To: Hampton Crest Mill',. (Rt. 5274), a distance of: 0.06 miles, Right-of-way record was filed on 5/13/1999 with the Office Of Clerk To Circuit Court in Pb, 105; Pg, 1. with a width of 40 Ft. . Hampton Cmst Circle, State Route Number: 5232 From: Hampton Crest Mw., (Rt. 5274) To: 0,05 E of Carlton Forest Ct., (Rt. 5265), a distance of: 0.01 miles. Right-of-way record was filed on 5/13/1999 with the Office Of Clerk To Circuit Court in Pb, 105; Pg, 1, with a width of 40 Ft. . Hampton Cmst Court, State Route Number: 5273 From: Hampton Crest Cr., (Rt. 5232) To: Cul-de-sac, a distance of: 0.04 miles. Right-of-way record was filed on 5/13/1999 with the Office Of Clerk To Circuit Court in Pb. 105; Pg. 1, with a width of 40 Ft. . Hampton Crast Mews, State Route Number: 5274 From: Hampton Crest Cr., (Rt. 5232) To: Cul-de-sac, a distance of: 0.02 miles. Right-of-way record was filed on 5/13/1999 with the Office Of Clerk To Circuit Court in Pb. 105; Pg. 1. with a width of 40 Ft. . Hampton Crlest Place, State Route Number: 5270 From: Hampton Crest Cr., (Rl 5232) To: Cul-de-sac, a distanCE> of: 0.08 miles. Right-of-way record was filed on 5/13/1999 with the Office Of Clerk To Circuit Court in Pb. 105; Pg, 1, with a width of 40 Ft. . Hampton Cr,est Turn, State Route Number: 5269 From: Hampton Crest Cr., (Ht. 5232) To: Cul-de-sac, a distance of: 0.03 miles. Right-of-way record was filed on 5/13/1999 with the Office Of Clerk To Circuit Court in Pb. 105; Pg, 1, 01-446 _.....- 5/23/01 with a width of 40 Ft. · Hampton Crest Way. State Route Number: 5271 From: Hampton Crest Cr., (Rt. 5232) To: Hampton Park Dr., (Rt. 5190), a distance of: 0.05 miles. Right-of-way record was filed on 5/13/1999 with the Office Of Clerk To Circuit Court in Pb. 105; Pg. 1, with a width of 45 Ft. - . Hampton Crest Terrace, State Route Number: 5272 From: Hampton Crest Cr., (Rt. 5232) To: Cul-de-sac, a distance of: 0.08 miles. Right-of-way record was filed on 5/13/1999 with the Office Of Clerk To Circuit Court in Pb. 105; Pg. 1, with a width of 40 Ft. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. a.C.7. DESIGNATION OF RIGHT OF WAY AT GRANGE HALL ELEMENTARY SCHOOL On motion of Mr. McHale, seconded by Mr. Barber, the Board designated .280 acres of County property as public right of way at Grange Hall Elementary School, and authorized the County Administrator to execute the necessary Declaration. (It is noted a copy of the plat is filed with the papers of this Board. ) Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. a.c.a. ACCEPTANCE OF PARCELS OF LAND a.C.a.a. ALONG RIVERS BEND BOULEVARD AND KINGSTON AVENUE FROM RIVER'S BEND DEVELOPMENT COMPANY. LP On motion of Mr. McHale, seconded by Mr. Barber, the Board accepted the conveyance of three parcels of land containing a total of 0.41 acres from River's Bend Development Company, LP, and authorized the County Administrator to execute the necessary deed. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. a.C.a.b. ALONG GENITO ROAD FROM STACEY L. AND IRVIN LEE LENHART ,- On motion of Mr. McHale, seconded by Mr. Barber, the Board accepted the conveyance of two parcels of land containing a total of 0.154 acres along Genito Road (State Route 604) from Stacey L. and Irvin Lee Lenhart, and authorized the County Administrator to execute the necessary deed. (It is noted copies of the plats are filed with the papers of this Board.) Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 5/23/01 01-447 8.C.8.c. ALONG THE WEST RIGHT OF WAY LINE OF JEFFERSON PAVIS HIGHWAY FROM OWSLEY ENTERPRISES, INCORPORATED On motion of Mr. McHale, seconded by Mr. Barber, the Board accepted the conveyance of a parcel of land containing 0.884 acres from Owsley Enterprises, Incorporated, and authorized the County Administrator to execute the necessary deed. (It is noted a copy of the plat is filed l~Tith the papers of this Board. ) Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 8.C.8.d. ALONG THE EAST RIGHT OF WAY LINE OF JEFFERSON DAVIS HIGHWAY FROM THE TRUSTEES OF CALVARY BAPTIST CHURCH On motion of lVir. McHale, seconded by Mr. Barber, the Board accepted the conveyance of a parcel of land containing a total of 0.18 acres along the east right of way line of Jefferson Davis Highway (US Route 1 and 301) from the Trustees of Calvary Baptist Church, and authorized the County Administrator to execute the necessary deed. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 8.C.8.e. ALONG THE NORTH RIGHT OF WAY LINE OF OLD BERMUDA HUNDRED ROAD FROM ELECTR.IC POWER, INCORPORATED On motion of fvlr. McHale, seconded by ]\1r. Barber, the Board accepted the conveyance of a parcel of land containing 0.2612 acres along the north right of way line of Old Bermuda Hundred Road (State Route 618) from Electric Power, Incorporated, and authorized the County Administrator to execute the necessary deed. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 8. C. 9 . REOUES,]~S FOR PERMISSION 8.C.9.a. FROM NAVIGATOR REAL ESTATE, LLC FOR AN EXISTING SIGN TO ENCROACH WITHIN A FIFTEEN FOOT WATER EASEMENT On motion of !l1r . McHale, seconded byMr . Barber, the Board approved a request from Navigator R.eal Estate, LLC for an existing sign to encroach within a fifteen foot water easement, subject to the execution of a license agreement. (It is noted a copy of the vicinity sketch is filed with the papers of this Board. ) Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 8.C.9.b. FROM CHESTERFIELD CROSSING, L.L.C. FOR A CONCRETE DUMPSTER PAD TO ENCROACH WITHIN A SIXTEEN FOOT WATER EASEMENT On motion of rlJr. McHale, seconded by Mr. Barber, the Board approved a reGuest from Chesterfield Crossing, L.L.C. for a 5/23/01 01-448 concrete dumpster pad to encroach within a sixteen foot water easement, subject to the execution of a license agreement. (It is noted a copy of the vicinity sketch is filed with the papers of this Board.) Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. - a.C.9.c. FROM CATINA LANZARONE FOR A FENCE TO ENCROACH WITHIN A FIFTY FOOT UNIMPROVED RIGHT OF WAY KNOWN AS KEY AVENUE On motion of Mr. McHale, seconded by Mr. Barber, the Board approved a request from Catina Lanzarone, formerly Catina L. Shannon, for a fence to encroach within an unimproved right of way known as Key Avenue adjacent to Lot 13, Block 4, Rayon Park Subdivision, subject to the execution of a license agreement. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. a.C.9.d. FROM WALTER A. WILSON. III AND PEKA A. WILSON FOR A FENCE TO ENCROACH WITHIN A SIXTEEN FOOT ALLEY EASEMENT ACROSS LOT 4. BLOCK A. HUGUENOT HUNDRED, SECTION A On motion of Mr. McHale, seconded by Mr. Barber, the Board approved a request from Walter A. Wilson, III and Peka A. Wilson for a fence to encroach within a sixteen foot alley easement across Lot 4, Block A, Huguenot Hundred, Section A, subject to the execution of a license agreement. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. a.C.10. CONVEYANCE OF EASEMENTS a.C.10.a. TO VERIZON VIRGINIA INCORPORATED TO INSTALL AN ELECTRONICS CABINET ON COUNTY PROPERT~ KNOWN AS C. C. WELLS ELEMENTARY SCHOOL On motion of Mr. McHale, seconded by Mr. Barber, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute an easement agreement with Verizon Virginia Incorporated, subject to certain staff requirements, to install an electronics cabinet on County property known as C. C. Wells Elementary School, located at 13101 South Chester Road. (It is noted a copy of the plat is filed with the papers of this Board.) - Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 8.C.10.b. TO VERIZON VIRGINIA INCORPORATED TO INSTALL AN ELECTRONICS CABINET IN POINT OF ROCKS PARK On motion of Mr. McHale, seconded by Mr. Barber, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute an easement agreement with 5/23/01 01-449 Verizon Virginia Incorporated to install an electronics cabinet in Point of Rocks Park, located at 201 Enon Church Road. (It is noted a copy of the plat is filed with the papers of this Board. ) Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 8.C.11. REQUEST TO QUITCLAIM A SIXTEEN FOOT AND FOUR FOOT AND VARIABLE WIDTH ACCESS EASEMENTS AND A PORTION OF A DRAINAGE: EASEMENT AND A PORTION OF A SWM/BMP EASEMENT ACROSS THE PROPERTY OF ERNI REAL ESTATE HOLDINGS. L. I, . C . On motion of Mr. McHale, seconded by Mr. Barber, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute a quitclaim deed to vacate a sixteen foot and four foot and variable width access easements, a portion of a drainage easement (private) and a portion of a SWM/BMP easement across the property of ERNI Real Estate Holdings, L.L.C. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 8. C .13. APPROVAL OF SEWEB~ CONTRACT FOR LONGMEADOW OFFSITE SEWER On motion of Mr. McHale, seconded by Mr. Barber, the Board approved the followin9 sewer contract for Longmeadow Offsite Sewer - Contract Number 97-'0249, which includes 1,634 L.F. .:t of ten inch wastewater lines and 1 f 366 L. F. .:t of eight inch wastewater lines: c_ Developer: LMF, LLC Contractor: Godsey and Sons, Incorporated Contract Amount: Estimated County Cost for Off site Estimated Developer Cost Estimated Total Code: (Refunds thru Connections - Offsite) District: Bermuda $49,851.25 $305,148.75 $355,000.00 5N-572VO-E4D (It is noted a copy of the vicinity sketch is filed with the papers of this Board.) Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 8.C.14. APPROVAL OF CHANGE ORDER FOR QUAIL HILL WATER LINE REPLACEMENT On motion of Mr. McHale, seconded by Mr. Barber, the Board approved Change Order Number 3 (Final) in the amount of $56,440.18 for County Project #99-0151, Quail Hill Water Line Replacement, and authorized the County .Administrator to execute the necessary documents. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 5/23/01 01-450 8.C.15. APPROVAL OF CONSTRUCTION CONTRACT AND TRANSFER OF FUNDS FOR THE MIDLOTHIAN TANK AND PUMP STATION PHASE III PROJECT ,......... On motion of Mr. McHale, seconded by Mr. Barber, the Board awarded a construction contract to Hypes Excavating in the amount of $690,466 for County Project #99-0122B, Midlothian Tank and Pump Station-Phase III; authorized the transfer of $225,000 from County Project #99-0123R, Huguenot Springs Elevated Water Tank to this project; and authorized the County Administrator to execute the necessary documents. (It is noted a copy of the vicinity map is filed with the papers of this Board. ) Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 8.C.17. TRANSFER OF DISTRICT IMPROVEMENT FUNDS 8.C.17.a. FROM THE MIDLOTHIAN DISTRICT IMPROVEMENT FUND TO THE SCHOOL BOARD TO PURCHASE AND INSTALL A SIGN AT J. B. WATKINS ELEMENTARY SCHOOL On mot ion of Mr. McHal e, seconded by Mr. Barber, the Board transferred $3,000 from the Midlothian District Improvement Fund to the School Board to purchase and install a sign at J. B. Watkins Elementary School. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 8.C.17.b. FROM THE MATOACA DISTRICT IMPROVEMENT FUND TO THE SCHOOL BOARD TO PURCHASE BOOKS AND MATERIALS FOR THE CRENSHAW ELEMENTARY SCHOOL SUMMER SCHOOL PROGRAM On motion of Mr. McHale, seconded by Mr. Barber, the Board transferred $750 from the Matoaca District Improvement Fund to the School Board to purchase books and materials for the Crenshaw Elementary School Summer School Program. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 8.C.17.c. FROM THE BERMUDA AND DALE DISTRICT IMPROVEMENT FUNDS TO THE SCHOOL BOARD TO PURCHASE A MESSAGE BOARD FOR LLOYD C. BIRD HIGH SCHOOL On motion of Mr. McHale, seconded by Mr. Barber, the Board transferred $2,088 from both the Bermuda and Dale District Improvement Funds, for a total of $4,176, to the School Board to purchase a message board for Lloyd C. Bird High School. .- Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 8.C.17.d. FROM EACH OF THE DISTRICT IMPROVEMENT FUNDS TO THE VIRGINIA HISPANIC CHAMBER OF COMMERCE FOR A CAREER AND COMMUNITY SERVICE FAIR After brief discussion relative to alternate sources of funding, on motion of Mr. McHale, seconded by Mr. Barber, the 5/23/01 01-451 Board transferred $500 each from the Bermuda, Clover Hill, Dale, Matoaca and Midlothian District Improvement Funds (for a total of $2,500) to the Virginia Hispanic Chamber of Commerce for a Career and Community Service Fair. Ayes: Humphrey, Miller, Barberi McHale and Warren. Nays: None. a. C .17. e. FROM THE MJ\.TOACA DISTRICT IMPROVEMENT FUND TO THE PARKS AND RECREATION DEPARTMENT FOR ETTRICK PARK BASKETBALL COURT IMPROVEMENTS ,-' On motion of Mr. McHale, seconded by Mr. Barber, the Board transferred $4,500 from the Matoaca District Improvement Fund to the Parks and Recreation Department for improvements to the basketball courts at Ettrick Park. Ayes: Humphrey, Miller, Barberi McHale and Warren. Nays: None. a.C.17.f. FROM THE MATOACA DISTRICT IMPROVEMENT FUND TO THE CHESTERFIEIID FIRE DEPARTMENT TO PURCHASE FIRE J{ELMETS On motion of Mr. McHale, seconded by Mr. Barber, the Board transferred $55;8 from the Matoaca District Improvement Fund to the Chesterfield Fire Department to purchase fire helmets. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. a.C.1a. AUTHORIZATION TO ENTER INTO A RICHMOND REGIONAL PLANNING DIS'l~RICT COMMISSION CHESTERFIELD PASS- THROUGH PL AND STATE FUNDS AGREEMENT. APPROPRIATION OF ANTICIPATEm PL AND STATE REIMBURSEMENTS AND TRANSFER OF E~UNDS -' On motion of Mr. McHale, seconded by Mr. Barber, the Board authorized the County Administrator to enter into a Pass- Through PL and State Funds Agreement with the Richmond Regional Planning District Commission acceptable to the County Attorney; appropriated $30,000 in anticipated Pass-Through PL and State reimbursements; and transferred :;;3,000 from the Transportation Department's Operating Budget to purchase needed equipment to enhance the delivery of information to customers. Ayes: Humphrey" Miller, Barber, McHale and Warren. Nays: None. a . C . 19 . INITIATION OE~ AN AMENDMENT TO THE COUNTY CODE TO FACILITATE ~IENDMENTS TO PREVIOUSLY ZONED PROPERTY On motion of f1r. McHale, seconded by Mr. Barber, the Board referred an ordinance to facilitate amendments to previously zoned property to the Planning Commission for its recommendation. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 5/23/01 01-452 8.C.20. APPROVAL OF REQUEST FROM PLANNING COMMISSION FOR TIME EXTENSION FOR ZONING ORDINANCE AMENDMENT RELATIVE TO FLOODPLAINS IN THE SWIFT CREEK RESERVOIR WATERSHED On motion of Mr. McHale, seconded by Mr. Barber, the Board granted the Planning Commission an additional 65 days to make their recommendation on the Zoning Ordinance Amendment relative to floodplains in the Swift Creek Reservoir Watershed. - Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. The following item was removed from the Consent Agenda for public comment: 8.C.16. REQUEST TO AID BALZER AND ASSOCIATES INCORPORATED IN THE ACQUISITION OF OFFSITE SEWER AND TEMPORARY CONSTRUCTION EASEMENTS FOR BRIDLEWOOD FOREST SUBDIVISION Mr. George Beadles stated that he does not support the use of eminent domain for providing assistance to developers in acquiring land for proposed proj ects and indicated that he would like to see the Board adopt a policy governing the provision of County assistance for eminent domain purposes. - Mr. Harmon stated that the proposed sewer line will serve property beyond the subdivision and indicated that the County has a long-standing policy to assist developers in acquiring easements for their development when the extension of utilities for the development is required during the County's approval process. He further stated that the developer must first make an effort to acquire the property on his own. There was brief discussion relative to the area to be served by the proposed sewer line. No one else came forward to speak to the issue. On motion of Mr. Warren, seconded by Mrs. Humphrey, the Board authorized Right of Way staff to aid Balzer and Associates Incorporated in the acquisition of six foot permanent sewer easements and ten foot temporary construction easements from Mr. and Mrs. James E. Forrest and Mr. and Mrs. Martin R. Niles, subject to the execution of a contract agreeing to pay for all costs. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 9. HEARINGS OF CITIZENS ON UNSCHEDULED MATTERS OR CLAIMS There were no hearings of citizens on unscheduled matters or claims at this time. 10. REPORTS On motion of Mr. McHale, seconded by Mr. Barber, the Board accepted the following reports: A report on Developer Water and Sewer Contracts and a status report on the General Fund Balance, Reserve for Future Capital Projects, District Improvement Funds and Lease Purchases. 5/23/01 01-453 And, further, the Board accepted the following roads into the State Secondary System: ABANDONMENT LENGTH 0668-020-294. C501 (Effective 4/17/01) Walton Park Lane (Segment E-D, Old Walton Park Road) (Route 624) - From Walton Park Road (Route 624) to 0.08 Mile North Walton Park Road -0.08 Mi Walton Park Lane (Segment C-B, Old Walton Park Road) (Route 624) - From 0.09 Mile South North Woolridge Road to North Woolridge Road ._~~ -0.09 Mi Farnham Drive. Fairways Villa (Effective 4/16/01) Farnham Drive (Route 2561) - From 0.06 Mile South of Midlothian Turnpike (Route 60) to 0.15 Mile South of Midlothian Turnpike (Route 60) -0.09 Mi Farnham Drive (Route 2561) - From 0.03 Mile West of Summerfield Drive (Route 2576) to 0.15 Mile West of Summerfield Drive (Route 2576) -0.12 Mi Greenpine Road - Abandonment (Effective 4/23/01) Greenpine Road (Route 948) - From Whitepine Road (Route 701) to Redpine Road (Route 947) -0.27 Mi ADDITION 0668-020-29-L-J:501 (Effective 4/17/01) --1'.- North Woolridge Road (Segment G-B. B-A) (Route 668) - From Walton Park Road (Route 624) to Midlothian Turnpike (Route 60) 0.22 Mi North Woolridge Road (Segment H-G) (Route 668) - From Coalfield Road (Route 754) to Walton Park Road (Route 624) 1.03 Mi Walton Park Lane (Segment F-D) (Route 939) - From Walton Park Road (Route 624) to 0.03 Mile North Walton Park Road 0.03 Mi Walton Park Road (Segment F-E) (Route 624) - From 0.08 Mile East North Woolridge Road (Route 668) to 0.14 Mile South North Woolridge Road 0.06 Mi Walton Park Road (Segment G-F) (Route 624) - From North Woolridge Road (Route 668) to 0.08 Mile East North Woolridge Road 0.08 Mi AMHERST. SECTION 2 (Effective 4/26/01) Amherst Oak Lane (Route 5429) - From Amherst Ridge Way (Route 5426) to Cul-de-sac 0.07 Mi Amherst Oak Lane (Route 5429) - From Amherst Ridge Way (Route 5426) to Cul-de-sac Amherst Ridge lNay (Route 5426) - From Amherst Ridge Place(Route 5428) to Amherst Oak Lane 0.12 Mi 5/23/01 01-454 (Route 4829) CHARTER COLONY PARKWAY/NORTH WOOLRIDGE ROAD (Effective 4/17/01) 0.18 Mi Charter Colony Parkway (Route 950) - From Route 952 to North Woolridge Road (Route 668) FARNHAM DRIVE. FAIRWAYS VILLAS (Effective 4/16/01) 0.21 Mi ~ Farnham Drive (Route 2561) - From 0.10 Mile West of Summerfield Drive (Route 2576) to 0.06 Mile West of existing Farnham Drive (Route 2561) 0.06 Mi Farnham Drive (Route 2561) - From 0.12 Mile South of Midlothian Turnpike (Route 60) to 0.04 Mile East to existing Farnham Drive (Route 2561) 0.04 Mi Farnham Drive (Route 2561) - From 0.03 Mile West of Summerfield Drive (Route 2576) to 0.10 Mile West of Summerfield Drive (Route 2576) 0.07 Mi Farnham Drive (Route 2561) - From 0.12 Mile South of Midlothian Turnpike (Route 60) to Cul-de-sac 0.05 Mi Farnham Drive (Route 2561) - From 0.06 Mile South of Midlothian Turnpike (Route 60) to Farnham Drive (Route 2561) 0.05 Mile North of Cul-de-sac 0.06 Mi STONEMILL. SECTION E (Effective 4/25/01) Stone River Road (Route 2718) - From Existing Stone River Road (Route 2718) 0.57 Mile South of Route 663 to Cul-de-sac 0.03 Mi ADMINISTRATIVE 0668-020-294. C501 (Effective 4/17/01) Walton Park Lane (Segment D-C, Old Route 624) (Route 939) - From 0.03 Mile North Walton Park Road (Route 624) to Cul-de-sac 0.00 Mi CHARTER COLONY PARKWAY/NORTH WOOLRIDGE ROAD (Effective 4/17/01) North Woolridge Road (Old Route 952) (Route 668) - From Charter Colony Parkway (Route 950) to Coalfield Road (Route 754) 0.00 Mi Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. ~ 11. DINNER On motion of Mr. McHale, seconded by Mr. Miller, the Board recessed to the Administration Building, Room 502, for dinner. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 5/23/01 01-455 Reconvening: 12. INVOCATIOli Reverend Bob Crute, ~1inister of Music and Senior Adults at Central Baptist Church, gave the invocation. 13. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERIC~ Lieutenant Colonel Tim Gilbert introduced members of the Manchester High School JROTC Color Guard who presented colors. --"" Eagle Scout Jordan Gifford Smith led the Pledge of Allegiance to the flag of the United States of America. Mrs. Humphrey announced that the Board will change the order of the agenda and hear the public hearing to consider an ordinance to vacate a portion of a fifty foot unimproved right of way known as Ingleside Avenue and a sixteen foot alley within Crescent Park Subdivision at this time because of a family emergency of the applicant. 16.D. TO CONSIDER AN ORDINANCE TO VACATE A PORTION OF A FIFTY FOOT UNIMPROVED RIGHT OF WAY KNOWN AS INGLES IDE AVENUE AND A SIXTEEN FOOT ALLEY WITHIN CRESCENT PARK SUBDIVISION Mr. Harmon 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 Ingleside Avenue and a sixteen foot alley within Crescent Park Subdivision. Mr. Joe Walta requested that the Board approve the ordinance. There being no one else to address the ordinance, the public hearing was closed. On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board adopted the following ordinance: AN ORDINANCE whereby the COUNTY OF CHESTERFIELD, VIRGINIA, ("GRANTOR") vacates to JOSEPH E. WALTA and CARRIE RHOTEN SPONAUGLE, Administratrix of the estate of John H. Rhoten, deceased, ("GRANTEE"), a portion of a 50' unimproved right of way known as Ingleside Avenue and a 16 I alley within Crescent Park Subd.ivision, BERMUDA 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 110 - 111. WHEREAS, JOSEPH E. WALTA, petitioned the Board of Supervisors of Chesterfield County, Virginia to vacate a portion of a 50' unirr~roved right of way known as Ingleside Avenue and a 16' alley within Crescent Park Subdivision, BERMUDA 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 110 - 111, by J ,. TEMPLE WADDILL, dated MAY 6, 1928, and recorded MAY 2~), 1928.. The right of way and alley petitioned to be vacated are more fully described as follows: -"" 5/23/01 01-456 A portion of a 50' unimproved right of way known as Ingleside Avenue and a 16 I alley within Crescent Park Subdivision, the location of which is more fully shown on a plat made by POTTS, MINTER & ASSOCIATES, P.C., dated MARCH 6, 2001, a copy of which is attached hereto and made a part of this Ordinance. - WHEREAS, notice has 15.2-2204 of the Code of advertising; and, been given Virginia, pursuant 1950, as to Section amended, by WHEREAS, no public necessity exists for the continuance of the portion of right of way and alley sought to be vacated. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF SUPERVISORS OF CHESTERFIELD COUNTY, VIRGINIA: That pursuant to Section 15.2-2272 of the Code of Virginia, 1950, as amended, the aforesaid portion of right of way and alley be and are hereby vacated. GRANTOR hereby reserves a 50' drainage and utility easement over the portion of Ingleside Avenue 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 to the centerline of the portion of right of way and alley hereby vacated in the adjoining lot owners within Crescent Park 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 JOSEPH E. WALTA and CARRIE RHOTEN SPONAUGLE, Administratrix of the estate of John H. Rhoten, deceased, or their successors in title, as GRANTEE. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 14. RESOLUTIONS AND SPECIAL RECOGNITIONS 14.A. RECOGNIZING MAY 20-26. 2001 AS "EMERGENCY MEDICAL SERVICES WEEK" ,....... Chief Elswick introduced Mr. Gilbert Elliott, representing Bensley-Bermuda Volunteer Rescue Squad; Mr. Gene Reams, representing Chesterfield Fire and Emergency Medical Services; Ms. Rose Wilson, representing Ettrick-Matoaca Volunteer Rescue Squad; Mr. Ken Wi II iams, represent ing Manchester Volunteer Rescue Squad; and Mr. Jerry Draucker, representing Forest View Volunteer Rescue Squad, who were present to receive the resolutions. On motion of the Board, the following resolution was adopted: 5/23/01 01-457 WHEREAS, emergency medical services is a vital public service; and WHEREAS, the members of emergency medical services teams are ready to provide lifesaving care to those in need 24 hours a day, seven days a week; and WHEREAS, access to quality emergency care dramatically improves the survival and recovery rate of those who experience sudden illness or injury; and WHEREAS, emergency medical services providers have traditionally served as the safety net of America's health care system; and -.' WHEREAS, emergency medical services teams consist of emergency physicians, emergency nurses, emergency medical technicians, paramedics, firefighters, educators, administrators, and others; and WHEREAS, approximately two-thirds of all emergency medical services providers are volunteers; and WHEREAS, the members of emergency medical services teams, whether career or volunteer, engage in thousands of hours of specialized training and continuing education to enhance their lifesaving skills; and WHEREAS, Americans benefit daily from the knowledge and skills of these highly trained individuals; and WHEREAS, it is appropriate to recognize the value and the accomplishments of emergency medical services providers by designating Emergency Medical Services Week; and WHEREAS, injury prevention and the appropriate use of the EMS system will help reduce national health care costs. -".' NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors publicly recognizes the week of May 20 - 261 2001, as "Emergency Medical Services Week." Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. Mrs. Humphrey presented executed resolutions to Mr. Elliott, Mr. Reams, Ms.. Wilson, Mr. Williams and Mr. Draucker, and expressed appreciation for the invaluable services provided by the County's emergency medical services providers. 14.B. RECOGNI:ZING MAY 20-26, 2001 AS "YOLUNTEER RESCUE SQUAD WEEK" On motion of the Board, the following resolution was adopted: WHEREAS, Bensley-Bermuda, Ettrick--Matoaca, Forest View, and Manchester Volunteer Rescue Squad members provide basic and advanced pre-hospital patient care, a vital public service, to the citizens of Chesterfield County; and WHEREAS, access to quality emergency care dramatically improves the survival and recovery rate of those who experience sudden illness or injury; and -' WHEREAS, last year volunteer rescue Chesterfield County answered almost 9,000 squad members in emergency medical 5/23/01 01-458 responses; and WHEREAS, these services are provided strictly on a volunteer basis without monetary compensation; and WHEREAS, injury prevention and the appropriate use of the EMS system can reduce national health care costs; and - WHEREAS, Chesterfield County is committed to assisting the squads in their role as an integral part of Emergency Medical Services. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors publicly recognizes the week of May 20-26, 2001, as "Volunteer Rescue Squad Week," and asks the citizens of Chesterfield County to participate in activities sponsored by their local squad to promote safety at home, work, school, and on the roadways and recognize the contributions made by the volunteers. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. Mrs. Humphrey presented executed resolutions to Mr. Elliott, Ms. Wilson, Mr. Williams and Mr. Draucker, and expressed appreciation for the many hours of service provided by volunteer rescue squad members and also to the family members who provide support to the volunteers. 14.C. RECOGNIZING BOY SCOUTS UPON ATTAINING THE RANK OF EAGLE SCOUT 14.C.1. MICHAEL JOSEPH KACMARCIK. BERMUDA DISTRICT Mr. Hammer introduced Mr. Michael Kacmarcik 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. Michael Joseph Kacmarcik, Troop 922, sponsored by Bermuda Hundred United Methodist ChurchJ 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 himsel f for a role as a leader in society, Michael has distinguished himself as a member of a new generation of prepared young citizens of whom we can all be very proud. 5/23/01 01-459 NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of: Supervisors hereby extends its congratulations to Mr. Michael Joseph Kacmarcik on his attainment of Eagle Scout, and acknowledges the good fortune of the County to have such an outstanding young man as one of its citizens. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. Mrs. Humphrey presented the executed resolution and patch to Mr. Kacmarcik, accompanied by members of his family, congratulated him on his outstanding achievement, and wished him well in his future endeavors. Mr. Kacmarcik expressed appreciation to his family, members of his troop and school friends for their support. 14.C.2. JORDAN GIFFORD SMITH, CLOVER HILL DISTRICT Mr. Hammer introduced Mr. Jordan Smith 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 lE!adership, service and outdoor life, serving in a leadership position in a troop, carrying out ct service proj ect beneficial to his community, being active ~n the troop, demonstrating Scout spirit, and living up to the Scout Oath and Law; and -- WHEREAS, ~1r. Jordan Gifford Smith, Troop 800, Bethel Baptist Church, has accomplished those high commitment and has reached the long-sought goal of which is earned by only four percent of those entering the Scouting movement; and sponsored by standards of Eagle Scout, individuals 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, Jordan has distinc;juished himself as a member of a new generation of prepared young citizens of whom we can all be very proud. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors hereby extends its congratulations to Mr. Jordan Gifford Smith on his attainment of Eagle Scout, and acknowledges the good fortune of the County to have such an outstanding young man as one of its citizens. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. -' Mrs. Humphrey presented the executed resolution and patch to Mr. Smith, accompanied by members of his family, congratulated him on his outstanding achievement, and wished him well in his future endeavors. Mr. Smith expressed appreciation to the Board for the 5/23/01 01-460 recognition and also to his parents, members of his troop and scoutmasters for their support. 14.C.3. FORREST VINCENT JOHNSON. MIDLOTHIAN DISTRICT Mr. Hammer introduced Mr. Forrest Johnson 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. Forrest Vincent Johnson, 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 himsel f for a role as a leader in society, Forrest has distinguished himself as a member of a new generation of prepared young citizens of whom we can all be very proud. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors hereby extends its congratulations to Mr. Forrest Vincent Johnson on his attainment of Eagle Scout, and acknowledges the good fortune of the County to have such an outstanding young man as one of its citizens. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. Mrs. Humphrey presented the executed resolution and patch to Mr. Johnson, accompanied by members of his family, congratulated him on his outstanding achievement, and wished him well in his future endeavors. Mr. Johnson expressed appreciation to the Board for the recognition and also to God, his parents, scoutmasters and friends for their support. - 14.C.4. SAMUEL EDMUND SAUNDERS IV. MIDLOTHIAN DISTRICT Mr. Hammer introduced Mr. Samuel Saunders 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 5/23/01 01-461 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 proj ect beneficial to his community, being active in the troop, demonstrating Scout spirit, and living up to the Scout Oath and Law; and WHEREAS, Mr. Samuel Edmund Saunders IV, Troop 829, sponsored by Saint Matthias' Episcopal Church, has accomplished those high standards of commitment and has reached the long- sought goal of Eagle Scout, which is earned by only four percent of these 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, Samuel has distinguished himself as a member of a new generation of prepared young citizens of whom we can all be very proud. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors hereby extends its congratulations to Mr. Samuel Edmund Saunders IV on his attainment of Eagle Scout, and acknowledges the good fortune of the County to have such an outstanding young man as one of its citizens. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. Mrs. Humphrey presented the executed resolution and patch to Mr. Saunders, accompanied by members of his family, congratulated him on his outstanding achievement, and wished him well in his future endeavors. -" Mr. Saunders expressed appreciation to members of his troop, his scoutmaster and parents for their support. 14.C.5. RYAN EDWARD SILVA, MIDLOTHIAN DISTRICT Mr. Hammer introduced Mr. Ryan Silva 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 I 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 I service and outdoor life, serving in a leadership position in a troop, carrying out a service proj ect beneficial to his community, being active in the troop, demonstrating Scout spirit, and living up to the Scout Oath and Law; and -" WHEREAS, Mr. Ryan Edward Silva, 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 5/23/01 01-462 entering the Scouting movement; and WHEREAS, growing through his experiences in Scouting, learning the lessons of responsible citizenship, and endeavoring to prepare himsel f for a role as a leader in society, Ryan has distinguished himself as a member of a new generation of prepared young citizens of whom we can all be very proud. NOW I THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors hereby extends its congratulations to Mr. Ryan Edward Silva on his attainment of Eagle Scout, and acknowledges the good fortune of the County to have such an outstanding young man as one of its citizens. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. Mrs. Humphrey presented the executed resolution and patch to Mr. Silva, accompanied by members of his family, congratulated him on his outstanding achievement, and wished him well in his future endeavors. Mr. Silva expressed appreciation to God, members of his troop and family for their support. 14.C.6. RYAN THOMAS PACE, MATOACA DISTRICT Mr. Hammer introduced Mr. Ryan Pace 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. Ryan Thomas Pace, Troop 806, sponsored by Woodlake 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, Ryan has distinguished himself as a member of a new generation of prepared young citizens of whom we can all be very proud. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors hereby extends its congratulations to Mr. Ryan Thomas Pace on his attainment of Eagle Scout, and acknowledges the good fortune of the County to have such an outstanding young man as one of its citizens. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 5/23/01 01-463 Mrs. Humphrey presented the executed resolution and patch to Mr. Pace, accompanied by members of his family, congratulated him on his outstanding achievement, and wished him well in his future endeavors. Mr. Pace expressed appreciation to the Board for the recognition and also to God, his parents, members of his troop and scout leaders for their support. 14.C.7. JEFFREY PAUL BUSH. MATOACA DISTRICT ",-,< Mr. Hammer introduced Mr. Jeffrey Bush 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 earnin9 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 proj ect beneficial to his community, being active in the troop, demonstrating Scout spirit, and living up to the Scout Oath and Law; and WHEREAS, Mr. Jeffrey Paul Bush, Troop 806, sponsored by Woodlake 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, Jeffrey has distinguished himself as a member of a new generation of prepared young citizens of whom we can all be very proud. NOW, THER.EFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors hereby extends its congratulations to Mr. Jeffrey Paul Bush on his attainment of Eagle Scout, and acknowledges the good fortune of the County to have such an outstanding young man as one of its citizens. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. Mrs. Humphrey presented the executed resolution and patch to Mr. Bush, accompanied by members of his family, congratulated him on his outstanding achievement, and wished him well in his future endeavors. Mr. Bush expressed appreciation to God, his parents, scoutmaster and members of his troop for their support. -'~ 14.C.8. MATTHEW WAYNE POYNTER. MATOACA DISTRICT Mr. Hammer introduced Mr. Matthew Poynter who was present to receive the resolution. 5/23/01 01-464 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. Matthew Wayne Poynter, Troop 806, sponsored by Woodlake 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 himsel f for a role as a leader in society, Matthew has distinguished himself as a member of a new generation of prepared young citizens of whom we can all be very proud. - NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors hereby extends its congratulations to Mr. Matthew Wayne Poynter on his attainment of Eagle Scout, and acknowledges the good fortune of the County to have such an outstanding young man as one of its citizens. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. Mrs. Humphrey presented the executed resolution and patch to Mr. Poynter, accompanied by members of his family, congratulated him on his outstanding achievement, and wished him well in his future endeavors. Mr. Poynter expressed appreciation to the Board for the recognition and also to God, members of his troop, friends and parents for their support. 14.C.9. IAN LAWRENCE MCCULLOUGH. MATOACA DISTRICT Mr. Hammer introduced Mr. Ian McCullough 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 5/23/01 01-465 living up to the Scout Oath and Law; and WHEREAS, !VIr. I an Lawrence McCullough, Troop 806, sponsored by Woodlake 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 hi s experiences in Scouting, learning the lessons of responsible citizenship, and endeavoring to prepare himself for a role as a leader in society, Ian has distinguished himself as a member of a new generation of prepared young citizens of whom we can all be very proud. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors hereby extends its congratulations to Mr. Ian Lawrence McCullough on his attainment of Eagle Scout, and acknowledges the good fortune of the County to have such an outstanding young man as one of its citizens. Ayes: Humphrey,. Miller, Barber, McHale and Warren. Nays: None. Mrs. Humphrey presented the executed resolution and patch to Mr. McCullough, accompanied by members of his family, congratulated him on his outstanding achievement, and wished him well in his future endeavors. Mr. McCullough expressed appreciation to the Board for the recogni tion ar..d also to God, his scoutmaster 1 parents and fellow scouts for their support. 15. REQUESTS FOR MOBILE HOME PERMITS AND REZONING PLACED ON THE CONSENT AGENDA TO BE HEARD IN THE FOLLOWING ORDER: - WITHDRAWALS/DEFERRALS - CASES WHERE THE APPLICANT ACCEPTS THE RECOMMENDATION AND THERE IS NO OPPOSITION - CASES WHERE THE APPLICANT DOES NOT ACCEPT THE RECOMMENDATION AND/OR THERE IS PUBLIC OPPOSITION WILL BE HEARD AT SECTION 17 01SN0175 In Dale !Vlagisterial District, COURTS OF PRAISE PENTECOSTAL HOLINESS CHURCH requested rezoning and amendment of zoning district map from Neighborhood Office (0-1) to Residential (R- 12). 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 residential use of 1.0 to 2.5 units per acre. This request lies on 1.7 acres lying approximately 680 feet off the east line cf Iron Bridge Road, approximately 280 feet north of Willowbranch Drive. Tax ID 773-.676-6622 and 8327 (Sheet 17) . Mr. Jacobson stated that the applicant is requesting that the Board remand Case 01SN0175 to the Planning Commission for consideration of adding additional property. -~ Mr. Douglas Blackburn, representing the applicant, requested that the Board remand the case to the Planning Commission. No one came forward to speak to the remand request. 5/23/01 01-466 On motion of Mr. Miller, seconded by Mr. Warren, the Board remanded Case 01SN0175 to the Planning Commission. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 01SN0218 - In Matoaca Magisterial District, CHESTERFIELD COUNTY BOARD OF SUPERVISORS requested Conditional Use and amendment of zoning district map to permit a two-family dwelling in a Residential (R-12) District. This amendment will yield a density of 1.54 units per acre. The Comprehensive Plan suggests the property is appropriate for residential use of 2.0 units per acre or less. This request lies on 1.3 acres and is known as 14009 Summercliff Terrace. Tax ID 723-660-5506 (Sheet 23) . Mr. Jacobson presented a summary of Case 01SN0218 and stated that staff recommends approval. He further stated that the Planning Commission recommends approval subject to conditions, rather than acceptance of the three proffered conditions offered by the applicant. He stated that Condition Number 2 restricts the occupancy of the property to the parents of the property owners while Proffered Condition Number 2 would limit the occupancy to family members of the property owners, guests and domestic help. Mrs. Humphrey noted that the building permit to allow a two- family dwelling on the subject property was issued in error by the County and therefore, the Board had initiated this case. Mr. Miller expressed concerns relative to problems that are created when building permits are issued erroneously and stated that he feels the Board should revisit the issue of having the Planning Department review requests for building permits. Mr. McHale expressed concerns relative to limitations that would be placed on the Johnson family should the Board impose Condition Number 2 and not accept Proffered Condition Number 2. Mr. Kirk Turner was present representing the Board. He noted that the property owners were present to represent their interests in the application. .~ Mr. Christopher Habanicht, representing William and Cicel Johnson, requested that the Board approve the request and accept Proffered Conditions 1, 2 and 3, as recommended by staff. He referenced the Hanover County zoning ordinance where the type of use being requested is referred to as an "accessory family housing unit" and noted that term "family member" is broadly defined. He expressed concerns relative to Condition Number 2 which limits occupancy of the second dwelling unit to the parents of William and Cicel Johnson because it is significantly different from what the Planning Commission has recommended and the Board has accepted in similar past situations; it would not allow a health care provider to stay in the dwelling overnight should one become necessary; and because the second dwelling contains kitchen appliances, overnight guests would not be allowed without violating the Conditional Use Permit. He requested that the Board approve the request and accept Proffered Condi tions 1, 2 and 3 and noted that the Johnsons would be willing to limit "family" to themselves, their parents and their children, and also requested that the Board allow individuals providing health care services to the Johnson family members to stay overnight in the second dwelling, should such services become necessary. 5/23/01 01-467 When asked, Mr. Jacobson stated that staff's recommendation was to accept the three proffered conditions. Mr. Habanicht stated that there are certain conditions that are implicit in rendering the conditional use permit - 1) the second dwellinsr cannot be rented; and 2) it cannot be occupied by anyone who is a non-family member for any extended period of time. He expressed concerns that / should Mrs. Johnson, Sr. cease to reside in the second dwelling, it would be necessary to remove the appliances before the ,Johnson children could sleep in the second dwelling. Mr. Clarence Drew, representing the Board of Directors of the Summerford Homeowners Association, stated that the Board unanimously supports the Planning Commission's recommendation. He requested additional specific assurance that recommendations will be enforced. He stated that the restrictive covenants of Summerford, filed with the County in 1990, clearly prohibit a second kitchen and requested that the covenants be upheld. -' Ms. Beth Daniel, a Summerford resident, expressed concerns relative to disregard by both the homeowner and the builder for the subdivision's covenants and County ordinances, and also to the building permit being issued erroneously. She stated that she strong'ly supports the Planning Commission's recommendation and requested shat the County provide specific assurance that the recommenda'tion will be enforced. She suggested that the Board review its building permit approval process to ensure that this issue does not reoccur and also suggested that the Board develop Cl procedure :EOI' holding builders accountable for knowingly submitting plans in violation of the County Code. Mr. Stan Williams, a Summerford resident, expressed concerns relati ve to a prominent builder and a potent ial homeowner knowingly violating County ordinances and neighborhood covenant restrictions. He stated that he feels a deed restriction limiting use of the second kitchen exclusively to Mrs. Johnson, Sr. is a reasonable compromise. ..-' There was brief discussion relative to Summerford's restrictive covenants regarding guest suites. Mr. Barber stated that the County does not have power to enforce neighborhood restrictive covenants. Ms. Faye Ragle, past president of Summerford Homeowners Association, stated that she opposes approval since it would be a violation of the restrictive covenants and feels it should be corrected now rather than later. Mr. Bert Ragle, a Summerford resident, stated that he feels the errors that have been made should be corrected by removing the noncompliant portion of the subj eet residence immediately regardless of the cost involved. Mr. Richard Grecki, a Summerford resident, stated that the restrictive covenants are in place to ensure the best interest of the community. He expressed concerns relative to other requests that might evolve with approval of this request and asked that the Board consider all of the families in Summerford before making its decision. Mr. Jeff Thomas, a Summerford resident / expressed concerns -" relative to the detriment that has occurred to neighborhood harmony because of issues surrounding the proposed request and also to the integrity of the subdivision'S restrictive covenants if the request is approved. 5/23/01 01-468 - Mr. Jerry McCracken, President of the Summerford Homeowners Association, stated that the issue to be resolved is a County zoning violation. He further stated that he does not feel the Planning Commission's recommendation in any way deters guests from visiting or health-care providers from providing assistance. He stated that the association's Board of Directors supports the Planning Commission's recommendation as a compromise to the alternative which would be removal of the second kitchen. He further stated that Summerford residents have relied on the County to enforce zoning standards and are disappointed in the oversight during the building permit process. He requested that community associations throughout the County be involved in zoning issues as they arise. Mr. Barber stated that he feels the County needs a process where restrictive covenants are filed and reviewed during the building permit process. He questioned the possibility of litigation on behalf of the Summerford Homeowners Association to enforce the restrictive covenants. Mr. McCracken stated that the association has taken no steps to pursue civil recourse and is relying on the County to resolve the zoning violation issue. When asked, Mr. McCracken stated that Summerford's architectural review process does not include a review of the interior of the dwelling with respect to the number of kitchens. He further stated that the Association depends upon the County to determine if a two-family dwelling is proposed and to act on a building permit request accordingly. - Mr. George Beadles suggested that Summerford's architectural process be expanded to include review of possible violations of all the restrictive covenants. He stated that he feels the Board should deny the request, but indicated that it is not the County's responsibility to enforce restrictive covenants. Mr. Habanicht displayed the plans submitted to Summerford's architectural review committee showing a basement with a kitchen and stated that the plans were approved by both the architectural review committee and the homeowners association. He further stated that neither the builder nor Mr. and Mrs. Johnson attempted to disguise their intent. There being no one else to speak to the Case, the public hearing was closed. Mr. Warren stated that all Board members share concerns relati ve to the enforcement of restrictive covenants. He further stated that the integrity of Summerford's restrictive covenants is at stake and indicated that he feels the Board should consider the Planning Commission's recommendation when making its decision. Mr. Barber stated that he feels language could be added to Condition Number 2 which might offer a fair compromise that would be accepted by the Summerford Association. - Mr. McHale expressed concerns relative to accepting proffered conditions which have a potential for violation of the restrictive covenants. Mrs. Humphrey stated she feels the Board has a responsibility to uphold neighborhood covenants and restrictions. She further stated that she feels the language in the Planning Commission's recommendation to restrict the use to Mr. and Mrs. Johnson's parents is a fair compromise. 5/23/01 01-469 Mrs. Humphrey then made a motion that the Board approve Case 01SN0218 subject to the conditions recommended by the Planning Commission with the following additions: 1) to Condition 2, add the language, ~If the second dwelling unit remains unoccupied by the parents of William or Cicel Johnson for a period of six consecutive months, the improvement which constitute the second dwelling unit shall be remcrved. (Note: this will require the removal of either the bathroom, the maj or appliances in the kitchen or just the sink in the kitchen.); and the addition of Condition 4, "Every twelve months from the date of approval William or Cicel Johnson shall provide to the Planning Department a notarized affidavit under oath that a parent as identified herein has resided in the second dwelling unit for the period of time specified by Condition 2. If at any time the parents have not resided within the dwelling unit for the period required by Condition 2, William or Cicel Johnson shall provide the Planning Department a notarized affidavit under oath that the improvements which constitute the second dwelling unit have been removed." '--' Mr. Warren seconded Mrs. Humphrey's motion. Mrs. Humphrey called for a vote on her motion, seconded by Mr. Warren, for the Board to approve Case 01SN0218 subject to the following conditions: 1. This Conditional Use shall be granted to and for Cicel and William Johnson exclusively and shall not be transferable nor run with the land. (P) 2. Occupancy of the second dwelling unit sha.ll be limited to the parents of William and Cicel Johnson. If the second dwelling unit remains unoccupied by the parent (s) of William or Cicel Johnson for a period of six (6) consecutive months, the improvements which constitute the second dwelling unit shall be removed. (P) (Note: This will require the removal of either the bathroom, the major appliances in the kitchen, or the sink in the ki 1: chen. ) -' 3. Within thirty (30) days of the approval of this request: a. A deed restriction shall be recorded setting forth the limitations of Conditions 1 and 2 above and; b. The deed book and page number of such restrictions and a copy of the restrictions as recorded shall be submitted to the last known president of the SummE~rford Home Owners Association with a copy to the Planning Department. (P) 4. Every twelve (12) months from the date of approval, William or Cicel Johnson shall provide to the Planning Department a notarized affidavit under oath that a parent as identified herein has resided in the second dwelling unit for the period of time specified by Condition 2. If at any time, the parents have not res:ided wi thin the dwelling unit for the period required by Condition 2, William or Cicel Johnson shall provide to the Planning Department a notarized affidavit under oath that the improvements which constitute the second dwelling unit have been removed. (P) -..... Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. Mrs. Humphrey excused herself from the meeting. 5/23/01 01-470 Mr. Miller requested a five minute recess. Mrs. Humphrey returned to the meeting. 16. PUBLIC HEARINGS - 16.A. TO CONSIDER AN ORDINANCE TO DIVIDE THE BELLWOOD. BRANCHES AND MANCHESTER VOTING PRECINCTS Mr. Haake stated that this date and time has been advertised for a public hearing to consider an ordinance to divide the Bellwood, Branches and Manchester Voting Precincts. He further stated that this action is necessary because of the General Assembly House of Delegates redistricting which split the three Chesterfield precincts. He noted that no polling place changes would be required. No one came forward to speak to the ordinance. On motion of Mr. Warren, 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 AMENDING AND RE-ENACTING SECTION 7-3 RELATING TO PRECINCTS BOUNDARIES AND POLLING PLACES BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Section 7-3 of the Code Chesterfield, 1997, as amended, enacted to read as follows: of the County of is amended and re- - Sec. 7-3. Precinct boundaries and polling places. The following shall be the precinct boundaries and polling places for magisterial districts in the county: BERMUDA MAGISTERIAL DISTRICT Bellwood Voting Precinct (101): - Beginning at the point where the center line of the southern boundary of Richmond National Battlefield Park intersects the boundary line between Henrico County and Chesterfield County; thence eastwardly along said boundary line as it meanders with the James River south to its intersection with Proctors Creek; thence westwardly along the center line of Proctors Creek to its intersection with a spur line of the Seaboard Coast Line right-of-way; thence northwardly along the center line of said right-of-way to its intersection with Kingsland Creek; thence eastwardly along the center line of Kingsland Creek to its intersection with the CSX Railroad right of way; thence northeastwardly along the center line of said right of way to its intersection with U. S. Route 1/301 (Jefferson Davis Highway); thence south along the center line of u.S. Route 1/301 to its intersection with Bellwood Road; thence northeastwardly along the center line of Bellwood Road to its intersection with Interstate 95; then northward along the center line of Interstate 95 to its intersection with the northern boundary lines of Census Blocks 1004033006 and 1004033007; thence eastwardly along the center line of Census Blocks 1004033006 and 1004033007 to their intersection with the southern boundary line of Richmond National Battlefield Park; thence northeastwardly along the center line of the southern 5/23/01 01-471 boundary line of Richmond National Battlefield Park to its intersection with the boundary line between Chesterfield County and Henrico County, the point and place of beginning. The votin9 place for Bellwood Voting Precinct shall be the Chesterfield Community High School, 8610 Perrymount Road. 000 Drewry's Bluff Voting Precinct (105): Beginning at the point where the center line of the Seaboard Coast Line right-of-way on the west side of U.S. Route 1/301 (Jefferson Davis Highway) intersects t.he boundary line between the County of Chesterf ield and the City of Richmond, thence southeastwardly along said boundary line to its intersection with the J'ames River; thence southwardly along the James River to the point where said river is intersected by the southern boundary line of Richmond National Battlefield Park, thence southwestwardly along the center line of Richmond National Battlefield Park to its intersection with the northern boundary lines of Census Blocks 1004033006 and 1004033007; thence westwardly along these northern boundary lines to their intersection with Interstate 95; thence southwardly along the center line of Interstate 95 to its intersection with Bellwood Road; thence southwestwardly along the center line of Bellwood Road to its intersection with U. .8. Route 1/301 (Jefferson Davis Highway); thence north along the center line of U. S. Route 1/301 to its intersection with the CSX Railroad right of way; thence southwestwardly along the center line of said right of way to i~s intersection with Kingsland Creek; then westwardly along the center line of Kingsland Creek to its intersection with the Seaboard Coast Line right-of-way; thence northward along said right-of -way to its intersect ion with Dalebrook Drive (State Route 1601); thence northwestwardly along the center line of Dalebrook Drive (State Route 1601) to its intersection with Chippenham Parkway (State Route 150); thence eastwardly along the center line of Chippenham Parkway (State Route 150) to its intersection with the Seaboard Coast Line right-of-way on the west side of U..S. Route 1/301 (Jefferson Davis Highway), thence northwardly along the center line of said right-of-way to its point and place of beginning. -- The voting place for Drewry's Bluff Voting Precinct shall be Bensley Elementary School, 6600 Strathmore Road. 000 MATOACA MP.GISTERIAL DISTRICT Ettrick Voting Precinct (301) Beginning at the point whe:re the boundary line between the County of Chesterfield and the City of Colonial Heights intersects the center line of Lakeview Road; thence westwardly along the center line of Lakeview Road to its intersection with Woodpecker Road; thence southwestwardly along the center line of Woodpecker Road to its intersect ion with Matoaca Road; thence west and south along the cente:r_' line of Matoaca Road to its intersection with Hickory Road, thence southeastwardly along the center line of Hickory Road to its intersection with Oldtown Creek; then southwestwardly along the center line of Oldtown Creek to its intersection with the virginia Power -- easement; thence southwardly along the center I ine of said easement to its intersection with the Appomattox River, which is the boundary line between the Count.y of Chesterfield and the City of Petersburg; thence eastwardly along said boundary line as it follows the Appomattox River to its intersection with the boundary line ~etween the County of Chesterfield and the City 5/23/01 01-472 of Colonial Heights; thence northwardly along said boundary line to its intersection with Lakeview Road, the point and place of beginning. The voting place for Ettrick Voting Precinct shall be Ettrick Elementary School, 20910 Chesterfield Avenue. 000 Winfree's Store Voting Precinct (304): - Beginning at the point where the center line of Hickory Road intersects with Matoaca Road thence westwardly along the center line of Hickory Road (State Route 628) to its intersection with Graves Road (State Route 630); thence southwestwardly along the center line of Graves Road (State Route 630) to its intersection with River Road (State Route 36); thence leaving the center line of River Road (State Route 36) in a straight line on a course due southwest to the boundary line between the County of Chesterfield and the County of Dinwiddie; thence westwardly along said boundary line to its intersection with the western line of Nooning Creek, as flooded by Lake Chesdin; thence northwardly along the western line of Nooning Creek and continuing along the center line of Nooning Creek; thence northwardly, leaving Nooning Creek, to a point of intersection with the southern terminus of Second Branch Road (State Route 653); thence northwardly along the center line of Second Branch Road (State Route 653) to its intersection with a creek known as Second Branch; thence along the center line of Second Branch as it meanders in an eastwardly direction to its intersection with Nash Road (State Route 636); thence northwardly along the center line of Nash Road (State Route 636) to its intersection with Woodpecker Road (State Route 626); thence southeastwardly along the center line of Woodpecker Road (State Route 626) to its intersection with a creek known as Second Branch; thence northwardly along the center line of Second Branch to its intersection with Licking Creek; thence southeastwardly along the center line of Licking Creek to its intersection with Swift Creek; thence southeastwardly along the center line of Swift Creek to its intersection with Lakeview Road; thence westwardly along the center line of Lakeview Road to its intersection with Woodpecker Road; thence southwestwardly along the center line of Woodpecker Road to its intersection with Matoaca Road; thence west and south along the center line of Matoaca Road to its intersection with Hickory Road, the point and place of beginning. The voting place for Winfree's Store Voting Precinct shall be Phillips Volunteer Fire Department, 10630 River Road. 000 CLOVER HILL MAGISTERIAL DISTRICT 000 Lyndale Voting Precinct (405): - Beginning at the point where the center line of U.S. Route 360 (Hull Street Road) intersects the center line of Courthouse Road (State Route 653); thence northwardly along the center line of Courthouse Road (State Route 653) to its intersection with West Providence Road (State Route 678); thence eastwardly along the center line of West Providence Road, continuing as South Providence Road (State Route 678), to its intersection with Hicks Road; thence southeastwardly along the center line of Hicks Road (State Route 647) to its intersection with U.S. Route 360 (Hull Street Road); thence eastwardly along the 5/23/01 01-473 center line of U.S. Route 360 (Hull Street Road) to its intersection with Proctor's Creek; thence southeastwardly along the center line of Proctor's Creek to its intersection with Newbys Bridge Road; thence southwestwardly along the center line of N1ewbys Bridge Road to its intersection with Falling Creek; thence westwardly along the center line of Falling Creek to its intersection with U. S. Route 360; thence westwardly along U. S. Route 360 to its intersection with Courthouse Road (State Route 653), the point and place of beginning. The voting place for Lyndale Voting Precinct shall be Lyndale Baptist Church, 8320 Hull Street Road. 000 Manchester Voting Precinct (409): Beginning at the point where the center line of U.S. Route 360 (Hull Street Road) intersects the center line of the Commonwealth Natural Gas Pipeline easement; thence southwardly along the center line of said easement to its intersection with Belmont Road (State Route 651); thence southwestwardly along the center line of Belmont Road (State Route 651) to its intersection with Falling Creek; thence northwestwardly along the center line of Falling Creek to its intersection with Newbys Bridge Road; thence northeastwardly along the center line of Newbys Bridge Road to its intersection with Proctor's Creek; thence west and north along the center line of Proctor's Creek to its intersection with U. S. Route 360; thence northeastwardly along the center line of U.S. Route 360 (Hull Street Road) to its intersection with the Commonwealth Natural Gas Pipeline easement, the point and place of beginning. The voting place for Manchester Voting Precinct shall be Manchester Middle School, 7401 Hull Street Road. 000 ~' (2) That this ordinance shall become effective on August 1, 2001. Ayes: Humphrey.. Mi II er , Barber, McHal e and Warren. Nays: None. Mr. Barber excused himself from the meeting. 16.B. TO CONSIDER CONVEYANCE OF A PARCEL TO MARUCHAN OF VIRGINIA. INCORPORATED FOR Al~ EXPANSION OF THEIR EXJ:STIN(} FACILITY IN THE AIRPORT INDUSTRIAL PARK Mr. Stith stated that this date and time has been advertised for a public hearing to consider the conveyance of a parcel of land to Maruchan of Virginia, Incorporated for an expansion of their existing facility in the Airport Industrial Park. No one came fo:~ward to speak to the issue. On motion of Mr. Miller, seconded by Mrs. Humphrey, the Board approved the conveyance of a 31- acre parcel in the Airport Industrial Park (Airpark) to Maruchan Virginia, Incorporated for an expansion of their existing facility, and authorized the County Administrator to execute the contract documents. Ayes: Humphrey, Miller, McHale and Warren. Nays: None. Absent: Barber. 5/23/01 01-474 16.C. TO CONSIDER THE APPROPRIATION OF A GOVERNOR'S OPPORTUNITY FUND GRANT AND THE APPROPRIATION OF MATCHING FUNDS TO THE INDUSTRIAL DEVELOPMENT AUTHORITY FOR AN INDUCEMENT GRANT TO ERNI COMPONENTS. INCORPORATED - Mr. Stith stated that this date and time has been advertised for a public hearing to consider the appropriation of a Governor's Opportunity Fund Grant and the appropriation of matching funds to the Industrial Development Authority for an inducement grant to ERNI Components, Incorporated. No one came forward to speak to the issue. On motion of Mr. McHale, seconded by Mr. Warren, the Board appropriated a $500,000 Governor's Opportunity Fund Grant to the Industrial Development Authority, and $500,000 County matching funds for economic development purposes to the Industrial Development Authority. (It is noted the $500,000 County match will be provided from the proceeds of a pending sale of a parcel in the Airport Industrial Park.) Ayes: Humphrey, Miller, McHale and Warren. Nays: None. Absent: Barber. Mr. Barber returned to the meeting. 16.E. TO CONSIDER AN ORDINANCE TO VACATE TEN FOOT AND VARIABLE WIDTH SEWER EASEMENTS WITHIN THE VILLAS AT WATERMILL SUBDIVISION. PHASE 1 - Mr. Stith stated that this date and time has been advertised for a public hearing to consider an ordinance to vacate ten foot and variable width sewer easements within the Villas at Watermill Subdivision, Phase I. No one came forward to speak to the ordinance. On motion of Mrs. Humphrey, seconded by Mr. Barber, the Board adopted the following ordinance: AN ORDINANCE whereby the COUNTY OF CHESTERFIELD, VIRGINIA, ("GRANTOR") vacates to C. RICHARD DOBSON BUILDERS, INC. a Virginia corporation, and WATERMILL PROPERTIES, L.L.C., a Virginia Limited Liability Company ("GRANTEE"), 10' and variable width sewer easements across Lots 13, 14, 25, 31, 57 and 66, The Villas at Watermill Subdivision, Phase 1, MATOACA Magisterial District, Chesterfield County, Virginia, as shown on plats thereof duly recorded in the Clerk's Office of the Circuit Court of Chesterfield County in Plat Book 115, at Pages 5-9. WHEREAS, the Board of Supervisors of Chesterfield County, Virginia has been petitioned to vacate 10' and variable width sewer easements across Lots 13, 14, 25, 31, 57 and 66, The Villas at Watermill Subdivision, Phase 1, 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 115, Pages 5-9, by TIMMONS, dated JUNE 29, 2000. The easements petitioned to be vacated are more fully described as follows: 5/23/01 01-475 10' and variable width sewer easements across Lots 13, 14, 25, 31, 57 and 66, The Villas at Watermill Subdivision, Phase 1, the location of which are more particularly shown on plats of record in the Clerk's Office of the Circuit Court of said County in Plat Book 115, Pages 5-9, by TIMMONS, dated JUNE 29, 2000. WHEREAS, notice has 15.2-2204 of ':he Code of advertising; and, been given pursuant Virginia, 1950, as to Section amended, by WHEREAS, no public necessity exists for the continuance of the easements sought to be vacated. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF SUPERVISORS OF CHESTERFIELD COUNTY, VIRGINIA: That pursuant to Section 15.2-2272 of the Code of Virginia, 1950, as amended, the aforesaid easements 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, 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 ,Qode 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 plat vacated. This Ordinance shall vest fee simple title of the easements hereby vacated in the property owners of Lots 13, 14, 25, 31, 57 and 66, within The Villas at Watermill Subdivision, Phase 1 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 C. RICHARD DOBSON BUILDERS, INC. a Virginia corporation, and WATERMILL PROPERTIES, L.J:.J.C., a Virginia Limited Liability Company, or their successors in title, as GRANTEE.. -< Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 16.F. TO CONSIDER AN ORDINANCE TO IMPLEMENT AN AMBULANCE TRANSPORTATION FEE FOR EMERGENCY MEDICAL SERVICES Deputy Chief Frank Edwards stated that this date and time has been advertised for a public hearing to consider an ordinance to implement an ambulance transportation fee for emergency medical services (EMS). He presented a brief summary of the various components of the proposed revenue recovery plan. Mr. J. Harry Tesh, a Bon Air resident, expressed concerns relative to ncn-emergency call abuse of the 911 system and stated that he supports the proposed ordinance. Mr. Roy Sturm stated that he does not support EMS revenue recovery. He expressed concerns relative to a decreased number of fire calls and an increased number of EMS calls, and stated that he feels the building of fire stations to house ambulances is not wise use of taxpayer dollars. He sU9gested that the Fire Department explore other budgetary means of supporting the EMS system. ,-",. 5/23/01 01-476 Mr. Gilbert Elliott, member of Bensley-Bermuda Volunteer Rescue Squad for 37 years, stated that he feels the County has a fine Fire Department and many dedicated volunteers. He further stated that he feels a misconception has been represented that if the revenue recovery proposal is not adopted, then the community will receive diminished fire and ambulance service. He expressed concerns relative to indigent citizens who reside within the Bensley-Bermuda service area who would not be able to pay the subscription fee, and stated that he does not support EMS revenue recovery. - Ms. Denise Schickler, a bad-debt collector for a large hospital group, expressed concerns relative to issues involved with EMS billing and stated that she feels EMS revenue recovery would cause great monetary hardship for many County citizens. Mr. John Schickler requested to yield his public speaking time to Ms. Tracy Williamson, should she need additional speaking time. Mrs. Humphrey stated that the Board's meeting procedures do not allow for transferring of time from one speaker to another. Mr. Jerry Draucker, President of Forest View Volunteer Rescue Squad, stated that he feels EMS revenue recovery will adversely affect the donations received by volunteer rescue squads if the proposal is not properly presented to citizens, and stressed the importance of implementing a detailed education program. Mr. Jim Holland, a Dale District resident, urged the Board to support the EMS revenue recovery plan, stating that he feels the program will enhance the safety and welfare of County citizens as well as the safety and working conditions of both the Fire and EMS Departments. Mr. Jesse Croom, a Matoaca District resident, stated that he does not support revenue recovery. He expressed concerns relative to the elderly who live on fixed incomes being unable to pay for ambulance service. He stated that he feels the number of calls for ambulance service could be decreased by asking the proper questions and also feels alternative funding can be achieved to meet the needs of the EMS system. Mr. Ron Hall, past president of Manchester Volunteer Rescue Squad and past member of the EMS Advisory Council, stated that Manchester purchased thousands of dollars in equipment for the County last year including two ambulances, and also contributed thousands of hours in voluntary manpower. He further stated that he feels the volunteer rescue squads will suffer a significant decrease in donations if revenue recovery is implemented. He expressed concerns relative to the cost of quick response vehicles and stated that he feels the chief benefactor of revenue recovery is the firefighters' union. - Mr. John Baskerville stated that he feels revenue recovery will improve services in the County. He expressed concerns relative to the need for additional paid firefighters and stated that firefighters' duties have extended far beyond fighting fires. He further stated that he feels staffing levels should be such that services can be provided in a safe and efficient manner and indicated that he feels additional firefighters should be hired whether or not revenue recovery is implemented. Mr. Harry Daniel stated that he feels revenue recovery is "an extraction of dollars for the public to pay for something." He further stated that if data shows additional firefighters or fire/EMS equipment is necessary, then they should be provided for through the budget process. He expressed concerns that revenue recovery is not an equitable means for delivering the EMS service and will adversely affect those who have the most difficulty paying for the service. 5/23/01 01-477 Ms. Brenda Wright, a resident of Matoaca District, stated that she opposes a fee for ambulance service and fears that if the revenue recovery proposal is implemented, people will be dying rather than dialing 9-1-1. She expr,essed concerns relative to the elderly and indigent being unable to afford a subscription fee. Dr. Jay Yelon, a Trauma Surgeon and Director of the Evans- Haynes Burn Center at Medical College of Virginia, expressed concerns relative to firefighter safety that is jeopardized when fire engines run below the staffing level recommended by the National Fire Protection Association. He urged the Board to support revenue recovery as proposed. Ms. Tracy Williamson expressed concerns relative to the rationale for the Board's consideration of EMS revenue recovery since the County has a surplus in its general fund and may be considering a real estate tax reduction later in the fiscal year. She stated that she feels revenue recovery is a tax that has a potential to yield a healthy profit. She further stated that she has thoroughly reviewed the Fire Department's budget and expressed concerns relative to misuse of Battalion Chief's vehicles. She challenged the Board to trim the Fire Department's budget and use the sUl~plus for recruitment/ retention of volunteers. Ms. Deborah Lorey stated that she is responsible for teaching safety and emergency skills to hundreds of people annually. She expressed concerns relative to fee for ambulance service reducing the number of people who receive access to emergency medical care, particularly the working poor. She requested that the Board not implement the revenue recovery proposal and challenged the Board to create incentives to encourage rescue squad volunteers as well as to encourage employers to support employees who volunteer their time.. Ms. Merissa Lantz, a member of Bensley-Bermuda Volunteer Rescue Squad, expressed concerns relative to underprivileged citizens who could not afford the service and therefore would not call for an aml:mlance transport in an emergency. Ms. Rose Wilso~1 President of Ettrick-Matoaca Volunteer Rescue Squad, stated that the squad supports Option 3 of the consultant, Fitch and Associates. She expressed concerns relative to an increased aging population and stated that she feels Option 3 along with the subscription plan represents a reasonable alternative to recover revenue to address financial demands being placed on the rescue squads and the EMS system. Mr. Pete Svoboda, President of the Professional Firefighters Association, expressed concerns relative to fire apparatus running below safe staffing levels. He stated that he feels EMS revenue recovery is a viable alternative for funding additional firefighters. He expressed concerns relative to increased workload, failure to reach the response time goal in urban areas, and increased commercial building fires, and requested that the Board make safety of firefigrhters and County citizens a priority. When asked, Mr. Svoboda stated that he respects the Board's judgment and indicated that it makes no difference whether funding for Fire and EMS needs is accomplished through the budget process or through revenue recovery. -- Mr. Eric Broughton, a resident of the Dale District, stated that he supports the EMS revenue recovery proposal and sees it as a means to support the Fire Department's critical staffing issues. 5/23/01 01-478 Ms. Rachel McCaffrey, on behalf of Ms. Kristin Dewald, a member of the Ettrick-Matoaca Volunteer Rescue Squad, stated that she feels the rescue squad will greatly benefit from revenue recovery. She expressed concerns relative declining donations and rising costs for maintaining the rescue squads and stated that she feels revenue recovery will allow Ettrick-Matoaca to broaden and improve its commitment to the community. - Mr. George Beadles stated that, if revenue recovery is implemented, he will pay the subscription fee and indicated that he feels additional funding will be necessary to maintain the quality of the proposed revenue recovery program. Mr. Rick Morrow, Chairman of the EMS Advisory Council and member of Forest-View Volunteer Rescue Squad, stated that he feels additional funding is necessary to improve the EMS system and indicated that if the Board feels revenue recovery is the source of funding, then the Council supports Option 3 of the consultant. He further stated that the County has achieved an unmatched level of integration between paid and volunteer EMS and Fire Department personnel and stressed the importance of a Fire and EMS volunteer recruitment/retention plan. Mr. John Cogbill, a Clover Hill District resident, expressed concerns relative to funding the expansion of government and questioned what would happen to the revenue recovery proposal if insurance companies chose to stop paying for ambulance transports. He stated that the County is blessed to have a tremendous amount of volunteers and indicated that he fears the number of volunteers would diminish if revenue recovery is implemented. He further stated that he feels the needs of the Fire Department and EMS System should be addressed through the budget process. There being no one else to address the ordinance, the public hearing was closed. Mrs. Humphrey expressed appreciation to the citizens for their patience and participation in the public hearing. Mr. McHale stated that he would prefer to have some time to digest the public comments prior to taking any action. Mrs. Humphrey stated that she concurs with Mr. McHale, and requested that the Clerk prepare a summary of the citizens' comments for the Board to review. Mr. Warren requested a summary of the comments of Chief Bruce Edwards from the Virginia Beach Fire Department. Mr. Barber stated that he is leaning towards supporting the revenue recovery proposal and indicated that the citizen input received tonight did not change his position. Mrs. Humphrey requested that the Board defer consideration of the ordinance until June 20, 2001. - Mr. Miller expressed concerns relative to the citizens who have spoken not being able to hear the final outcome of the issue. He stated that he is prepared to vote tonight, but indicated that he would support the other Board members if the consensus was to defer consideration of the issue. Mrs. Humphrey stated that she wants to review the information requested from Chief Edwards relative to volunteer recruits in Virginia Beach prior to her final decision. Mr. Warren stated that many of the citizens who spoke are more concerned with meeting the needs of the Fire and EMS Department 5/23/01 01-479 than the funding source to meet the needs. He indicated that he feels the Board would be negligent not to ask the Budget Department to determine the cost of those needs and the feasibility of meeting the needs through the budget process. Mrs. Humphrey challenged Mr. McHale and Mr. Warren as members of the Budget and Audit Committee to provide a budgetary solution to meet the needs of the Fire and EMS Department. On motion of Mrs. Humphrey, seconded by Mr. McHale, the Board deferred consideration of an ordinance to implement an ambulance transportation fee for emergency medical services until June 20, 2001. -.-' Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 17. REMAINING MOBILE HOME PERMITS AND ZONING REQUESTS There were no remaining mobile home permits and zoning requests at this time. 18 . ADJOURNMENT On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board adjourned at 11:03 p.m. until June 20, 2001 at 3:00 p.m. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. --'" -"" ~ / /;JP L B. Ramsey [) :.? \"~. ^ n~~ ~_w~v~ \=). ' ~~ Renny Bush Humphrey CrJal [man 5/23/01 01-480