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02-13-2002 MinutesBOARD OF SUPERVISORS MINUTES February 13, 2002 Supervisors in Attendance: Mr. Kelly E. Miller, Chairman Mr. Arthur S. Warren, Vice Chrm. Mr. Edward B. Barber Mrs. Renny Bush Humphrey Mr. J. L. McHale, III Mr. Lane B. Ramsey County Administrator Staff in Attendance: Mr. George Braunstein, Exec. Dir., Community Services Board Mr. Craig Bryant, Dir., Utilities Ms. Jana Carter, Dir., Youth Services Ms. Marilyn Cole, Asst. County Administrator Ms. Rebecca Dickson, Dir., Budget and Management Mr. James Dunn, Dir., Economic Development Mr. William D. Dupler, Building Official Ms. Lisa Elko, Clerk Chief Stephen A. Elswick, Fire Department Mr. Michael Golden, Dir., Parks and Recreation Mr. Bradford S. Hammer, Deputy Co. Admin., Human Services Mr. John W. Harmon, Right-of-Way Manager Mr. Russell Harris, Mgr. of Community Development Services Mr Thomas E. Jacobson, Dir., Planning Mr Donald Kappel, Dir., Public Affairs Ms Mary Lou Lyle, Dir., Accounting Mr R. John McCracken, Dir., Transportation Mr Richard M. McElfish, Dir., Env. Engineering Mr Steven L. Micas, County Attorney Mr Paul D. Patten, Assessor Mr. Glen Peterson, Dir., Community Diversion Incentive Program Mr. Francis Pitaro, Dir., General Services Ms. Sarah Snead, Dir., Social Services Mr. James J. L. Stegmaier, Deputy Co. Admin., Management Services Mr. M. D. Stith, Jr., Deputy Co. Admin., Community Development Mr. Thomas A. Taylor, Dir., Block Grant Office 02-74 2/13/02 Mr. Miller called the regularly scheduled meeting to order at 3:43 p.m. 1. APPROVAL OF MINUTES FOR JANUARY 23. 2002 On motion of Mrs. Humphrey, seconded by Mr. McHale, the Board approved the minutes of January 23, 2002, as submitted. Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. COUNTY ADMINISTRATOR'S COMMENTS Mr. Ramsey introduced Ms. Lynda Price, Emergency Management Coordinator, to provide a summary of the Terrorism Annex to the Emergency Operations Plan which will provide assistance to the county in the event of a terrorist attack. Ms. Price stated that terrorism incidents are not the hazard, but a means to produce explosions, chemical spills, biological and cyber terrorism. She further stated that terrorism would require a different response approach from other hazards in the Emergency Operations Plan. She stated that, should a terrorism incident occur, the Federal Bureau of Investigations (FBI) would be in charge of the response and a unified command system would be established including federal, state and local officials. She further stated that special resources have been identified that would only be used during a terrorism event, including the National Guard Civil Support Team at Fort Lee. She noted that the Terrorism Annex will be exercised in the Fall of 2002. She then introduced Mr. Tom Doland, Lead Psychologist for Chesterfield Schools. Mr. Doland reviewed the "shelter in place" procedure to address chemical emergencies in schools. He stated that crisis teams in each school building have been trained and are prepared for implementation. He further stated that additional training is planned in March 2002 in conjunction with the weather alert system for the state, noting that the weatherband radios in each school are set on automatic alert for adverse weather conditions and could also be activitated for chemical emergencies. He stated that information has been provided to parents outlining parental guidelines in the event of a chemical emergency at their children's school. When asked, Mr. Doland stated that the Terrorist Task Force visited county and school buildings, as well as other buildings throughout the state, to make recommendations for strengthening the~ defense of buildings. Mr. Ramsey introduced Ms. Iris Holliday, External Affairs Manager for the Central Region with Dominion Resources Services, Incorporated. Ms. Holliday stated that, as Dominion Resources' liaison for community and government affairs, she plans to be proactive in communication with the Board members as well as Mr. Ramsey and his management team relative to issues including customer service and reliability, utility 2/13/02 02 -75 deregulation, and customer choice. She further stated that, through phase II of deregulation, Chesterfield County customers will begin choosing their power supplier on September 1, 2002. She stated that Dominion Resources has provided a new billing format to assist customers as they begin to choose their power supplier. She further stated that she looks forward to working with Board members. Mr. Miller expressed appreciation for Ms. Holliday's presence at the meeting and stated that he looks forward to working with her as well. 3. BOARD COMMITTEE REPORTS There were no Board committee reports at this time. REOUESTS TO POSTPONE ACTION. ADDITIONS. OR C~_~NGES IN THE ORDER OF PRESENTATION On motion of Mr. McHale, seconded by Mr. Barber, the Board added Item 8.C.13., Approval of Lease Addendum for Office Space at CentreCourt Office Building for the Economic Development Department; added Item 8.C.14., Set Date for Public Hearing to Consider an Ordinance to Establish and Approve a Joint Powers Association Agreement; added Item 10.C., Closed Session Pursuant to Section 2.2-3711.A.5. of the Code of Virginia, 1950, As Amended, for Discussion Concerning a Prospective Business in the County Where No Previous Announcement Has Been Made of the Business' Inerest in Locating in the County; added Item 14.H., Resolution Recognizing March 1, 2002, as I'Read Across America Day"; and adopted the Agenda, as amended. Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. 5. RESOLUTIONS AND SPECIAL RECOGNITIONS There were no resolutions or special recognitions at this time. 6. WORK SESSIONS o FY2003 PROPOSED BUDGET Ms. Dickson presented an overview of projected FY2003 revenues. She reviewed the FY2002 budget status including expenditures, state and other revenue concerns, and budget measures. She stated that the budget measures have produced favorable outcome, indicating that the FY2002 deficit projected as of September 30, 2001 at $4,912,400 has decreased as of December 31, 2001 to $1,022,000. She reviewed the proposed eighth county-wide strategic goal -- to be exemplary stewards of the environment. She then reviewed population data from 1970 through 2000 and stated that the Planning Department's population projection for January 2002 is 271,000. She reviewed population growth rates since 1991 and noted that, based on the 2001 growth rate, there appears to be an upward trend in the county's population growth and an additional year of data would confirm this. She then reviewed FY2002 and FY2003 local taxes per capita and FY2003 projected revenues versus FY2002 adopted revenues. She reviewed real estate taxes, assuming a tax rate of $1.07, and stated that the overall increase in assessment base is 7.6 percent -- 3.3 percent of which is from new construction. She further stated 2/13/02 02-76 that the rate of growth in residential assessed value exceeded that of commercial from 2001 to 2002. She reviewed real estate assessed value since 1991 and stated that as of January 1, 2002, the total county real estate assessed valuation was $15.9 billion. Discussion ensued relative to the projected increase in real estate assessments for FY2004. Mr. Ramsey stated that assessments are a year behind the real estate sales market and indicated that the sales market appears just as strong today as it did over the past year for which the current assessments were based. He noted that there is a very high demand for housing in the county and fewer houses are appearing on the market than in the past. Mr. Warren stated that the assessment rate is not established by the Board of Supervisors, but based upon the real estate market. Mr. Ramsey noted that state law defines how assessments are done and actually penalizes localities who allow the assessments to drop below a certain level. Mr. McHale expressed concerns that the current assessments are based on real estate marketing data from the calendar year 2000 and, therefore, do not necessarily reflect the current economy. Mrs. Humphrey stated that the Board has no control over assessments because of state law which governs how the Real Estate Assessor is to assess real property. She further stated that the only tool available to the Board relative to assessments is setting of the real estate tax rate. She noted that there are a number of bills currently before the General Assembly that deal with capping, controlling and limiting real estate assessments. Mr. Miller expressed concerns that every time tax assessments increase, the taxpayer receives a tax increase. He suggested that an additional strategic goal be added to the county's Strategic Plan -- ~To be exemplary stewards of the taxpayers' resources. Ms. Dickson stated that the total percent change in assessments anticipated for FY2003 is approximately seven percent between new construction and reevaluations. She reviewed percentage of assessed value of commercial/industrial real estate from 1994 through 2002; a ratio of jobs to the labor force from 1990 through 2000; and building permits since 1993. Discussion ensued relative to the number of multi-family building permits estimated for 2002. Ms. Dickson reviewed percentage of units paying proffers to total building permits and undeveloped residential lots. She reviewed personal property taxes; personal property revenue; and the number of new and used car registrations. She then reviewed local sales tax and percentage of change in local sales tax from FY1992 through projected FY2003. She stated that staff had projected a 3.0 percent increase in local sales tax for FY2002 and indicated that the estimate has now been revised to anticipate about a one percent increase. She reviewed local sales tax percent distribution and use tax as a percentage of local sales and use taxes. She stated that data since the zip code update for the region occurred indicates that both Chesterfield and Henrico are collecting more revenue from use tax than before the zip code data was corrected. She reviewed FY2003 general fund sources; FY2003 general fund uses; and FY2003 balancing initiatives. She stated that the current 2/13/02 02-77 FY2003 budget shortfall is $770,000 and indicated that additional reductions may be necessary in departments budgets county-wide to make up that difference. She reviewed numerous initiatives in the budget preparation. She then reviewed proposed fee increases for FY2003 including continued phase-in of a planned water connection fee increase in Utilities; increased leaf vacuum fee from $48 to $100 per collection in order to expand the curbside recycling program; and increased development review fees in the Planning Department. She then reviewed Planning Department development review costs and revenues from FY1996 and FY2001. She also reviewed possible state budget impacts. Mrs. Humphrey stated that Governor Warner is depending on lottery and alcohol proceeds to balance the state's budget. Ms. Dickson continued to review possible state budget impacts and also reviewed the schedule for remaining FY2003 budget work sessions. Discussion ensued relative to the proposed increase in the leaf vacuuming fee. Mr. Charles Dane, Solid Waste Manager, came forward and stated that only 3,650 citizens currently participate in the leaf collection program. He further stated that all county households are subsidizing the leaf collection program by paying approximately $5.15 annually in taxes. He stated that, although the citizens currently pay $48 for leaf vacuuming, the service actually costs approximately $177 per collection. Mr. Miller expressed concerns that only about four percent of the households are actually using the leaf vacuuming service, yet all of the households are subsidizing it. Mr. Dane stated that the proposed increase to $100 would still represent only 56 percent of the actual cost of providing the service. He further stated that the $52 increase would enable the county to provide curbside recycling to all single family homes with the exception of subdivisions whose covenants exclude the service. Mr. Warren stated that the increase will bring the county's fee closer to the fee for privately serviced leaf vacuuming, and indicated that he feels this is a good idea because the private sector might be asked to perform more of the service, thereby alleviating the county's demand for service. COHMUNITY SERVICES BOARD PRESENTATION Mr. Miller called forward Mr. Braunstein who introduced members of the Community Services Board present at the meeting, and then called forward Mr. Thomas "Mac" Deadmore, Immediate Past Chairman of the Community Services Board (CSB). Mr. Deadmore stated that the CSB successfully met or exceeded its financial budget targets in FY2001 and has done so, thus far, in FY2002, while still maintaining, and in some cases expanding, the number of services to county citizens. He further stated that, in the past year, the CSB has achieved a ten percent increase in the number of children and adolescents who received mental health and substance abuse services. He then introduced Mr. C. Richard Scales, CSB Chairman, to review financial challenges and a synopsis of what is being done to address these challenges. Mr. Scales stated that financial obstacles continue to increase, noting that the state is decreasing previously approved general fund revenue by three percent in FY2002; seven 2/13/02 02-78 percent in FY2003; and another eight percent in FY2004. He further stated that, as revenues are decreasing, the number of citizens waiting for services is increasing, noting that the Chesterfield CSB has the largest waiting list in the state for consumers with mental retardation who are waiting for service funding. He stated that the county's CSB psychiatrists have caseloads that are 33 percent higher than the nationally recommended average. He further stated that, based on potential state and local funding reductions, the CSB anticipates decreasing services to approximately 800 consumers and families, including 200 consumers who have limited, or no health insurance coverage. He stated that the CSB has integrated business and strategic planning principles, creating a strategic plan that will enable it to be as effective as possible in addressing the challenges. He reviewed the key initiatives of the strategic plan and stated that expected outcomes include minimizing the impact of service cuts and county employee job losses due to revenue cuts; positioning services, whenever possible, to access new revenue sources for growth that is necessary to meet the existing and continuing unmet needs of citizens; and reorganizing services, whenever possible, to better access expenditure savings through efficiencies and increased productivity. Discussion ensued relative to controls that the CSB has in place to ensure that only county residents are being served. Mrs. Humphrey stated that the medical community as a whole is becoming more mobile and questioned the mobility of CSB workers. Mr. Braunstein stated that less than half of the CSB service providers are office based and eventually, as many as three- quarters of the service providers or more may be in different community settings providing most of the services. He further stated that a number of the people served never even come to the county grounds. He stated that the most efficient use of psychiatry time, however, has been at the office where no travel time is paid. Mr. Warren commended Mr. Braunstein on his leadership and professionalism. Discussion ensued relative to the transportation needs of the CSB community. Mr. Miller commended Mr. Braunstein for his leadership and thanked him for the CSB's informative presentation. Mr. Braunstein recognized Mr. Harry Colestock, member of the Community Services Board, who arrived subsequent to his earlier introductions. 7. DEFERRED ITEMS There were no deferred items at this time. $, NEW BUSINESS 8.A. STREETLIGHT INSTALLATION APPROVALS On motion of Mr. McHale, seconded by Mr. Barber, the Board approved the following streetlight installations: 02 -79 2/13/02 BERMUDA DISTRICT * Indian Hill Road, vicinity of 2310 Cost to install streetlight: $139.64 MIDLOTHIAN DISTRICT * Brookstone Subdivision, intersection of Fox Hurst Drive and Abbots Ridge Court Additional cost to install streetlight: $233.83 COUNTY-WIDE STREETLIGHT FUND * Manchester Middle School (bus loop and adjacent parking area) Cost to install three 42,000 lumen enclosed fixtures: $3,472.45 Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. 8.B. APPOINTMENT~ On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board suspended its rules at this time to allow for simultaneous nomination/appointment of members to serve on the Youth Services Citizen Board; Community Criminal Justice Board; and Richmond Regional Competitiveness Committee. Ayes: Nays: Miller, Warren, Barber, Humphrey and McHale. None. 8.B.1. YOUTH SERVICES CITIZEN BOARD On motion of Mrs. Humphrey, seconded by Mr. McHale, the Board simultaneously nominated/appointed Mr. Jason Taylor, representing the Matoaca District, and Mr. Stanley Moreira, representing the Dale District, to serve as youth members on the Youth Services Citizen Board, whose terms are effective immediately and expire June 30, 2002. Ayes: Nays: Miller, Warren, Barber, Humphrey and McHale. None. 8.B.2. COMMUNITY CRIMINAL JUSTICE BOARD On motion of Mrs. Humphrey, seconded by Mr. McHale, the Board simultaneously nominated/appointed Mr. William W. Bradham, Jr., Chief Magistrate, to serve as an at-large member on the Community Criminal Justice Board, whose term is effective immediately and expires June 30, 2003. (It is noted Mr. Bradham will fill the unexpired term of Mr. Paige Foster, former Chief Magistrate who recently retired.) Ayes: Nays: Miller, Warren, Barber, Humphrey and McHale. None. 8.B.3. RICHMOND REGIONAL COMPETITIVENESS COMMITTE~ On motion of Mr. McHale, seconded by Mr. Warren, the Board simultaneously nominated/appointed Mr. Kelly E. Miller to serve on the Richmond Regional Competitiveness Committee, whose term is effective immediately and expires December 31, 2002. Ayes: Nays: Miller, Warren, Barber, Humphrey and McHale. None. 2/13/02 02-80 Mr. Miller excused himself from the meeting. 8.C. CONSENT ITEM~ 8.C.1. APPROVAL OF THE ADDITION TO THE TERRQRISM ANNR, W TO THE EMERGENCY OPERATIONS PLAN On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board approved the addition of the Terrorism Annex to the Emergency Operations Plan to provide assistance to the county in the event of a terrorist attack. (It is noted a copy of the errorism Annex is filed with the papers of this Board.) Ayes: Warren, Barber, Humphrey and McHale. Nays: None. Absent: Miller. 8 .C.2. DONATION OF FOAM TO AMHERST COUNTY VQLUNTEER FI~ DEPARTMENTS On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board approved the donation of firefighting foam, which is not compatible with the current Chesterfield Fire and Emergency Medical Services foam systems, to Amherst County Volunteer Fire Departments. Ayes: Warren, Barber, Humphrey and McHale. Nays: None. Absent: Miller. 8.C.3. AWARD OF MULTIPLE A/E SERVICES FOR PARK~ AND RECREATION CONSTRUCTION AND RELATED PROJECT~ RELATIVE TO CONSULTANT ANNUAL CONTRACTS TO TIMMONS, LANDMARK DESIGN GROUP, AND HANKINS AND ANDERSON, INCORPORATED On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board authorized the County Administrator to execute three separate annual contracts for architecture and engineering services relative to Parks and Recreation construction and related projects with consultants Landmark Design Group, Timmons, and Hankins and Anderson, Incorporated. Ayes: Warren, Barber, Humphrey and McHale. Nays: None. Absent: Miller. ~ ,¢,4 · AUTHORIZE THE COUNTY ADMINISTRATOR TO ENTER INTO A ~PECIAL PROJECT SERVICE AGREEMENT FOR DROP-OFF RECYCLING SERVICES WITH CENTRAL VIRGINIA WASTE MANAGEMENT AUTHORITY On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board authorized the County Administrator to enter into a Special Project Service Agreement for Drop-off Recycling Services with Central Virginia Waste Authority, the initial term being five years from July 1, 2002 until June 30, 2007. (It is noted a copy of the agreement is filed with the papers of this Board.) Ayes: Warren, Barber, Humphrey and McHale. Nays: None. Absent: Miller. 02-81 2/13/02 8.C.5. REOUEST TO OUITCLAIM A SIXTEEN FOOT SEWER EAS~W~._NT ACROSS THE PROPERTYiOF WALTHALL 12. L,C, On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute a quitclaim deed to vacate a sixteen-foot sewer easement across the property of Walthall 12, L.C. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Warren, Barber, Humphrey and McHate. Nays: None. Absent: Miller. 8.C.6. SET DATE FOR PUBLIC ~Fma_RING TO CONSIDER AN ORDINANCF TO ESTABLISH THE ~VICTORIA LANE WATER ASSESSMENT On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board set the date of March 13, 2002 at 7:00 p.m. for a public hearing to consider the establishment of the "Victoria Lane Water Assessment District." Ayes: Warren, Barber, Humphrey and McHale. Nays: None. Absent: Miller. 8 .C.7. APPROVAL OF REVISED WATER CONTRACT FOR BRANDY OAKS, On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board approved the following revised water contract for Brandy Oaks, Section 6, Contract Number 99-0039 which includes the extension of 2,945 ± L.F. of sixteen-inch oversized lines. Developer: Contractor: Westbridge Development Incorporated Bookman Construction Company Contract Amount: Code: Code: District: Estimated County Cost Oversizing ..................... $91,945.00 Estimated County Cost for Additional Work ................ $28,200.00 Estimated Developer Cost ........ $77,385.00 Estimated Total ................. $197,530.00 (Refunds thru Connections - Oversizing) 5B-572VO-E4C (Cash Refund - Additional Work) 5B-572WO-E4C Matoaca (It is noted a copy of the vicinity sketch is filed with the papers of this Board.) Ayes: Warren, Barber, Humphrey and McHale. Nays: None. Absent: Miller. 8.C.8. ACCEPTANCE OF A PARCEL OF LAND ALONG THE WEST RI~WT OF WAY LINE OF POcosHOCK BOULEVARD FROM THE UNITm~ STATES POSTAL SERVIC~ On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board accepted the conveyance of a parcel of land containing 0.072 acres from the United States Postal Service, and authorized the 2/13/02 02-82 County Administrator to execute the necessary deed. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Warren, Barber, Humphrey and McHale. Nays: None. Absent: Miller. 8.C.9. REOUEST FOR PERMISSION FROM HUGH A. CLINE AND DEBORAH P, CLINE FOR A SIGN TO ENCROACH WITHIN A TWENTY-FOOT WATER AND SEWER EASEMENT On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board approved a request from Hugh A. Cline and Deborah P. Cline for a sign to encroach within a twenty-foot water and sewer easement, subject to the execution of a license agreement. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Warren, Barber, Humphrey and McHale. Nays: None. Absent: Miller. 8 . C · 10 · CONVEYANCE OF EASEMENTS 8.C.10.a. TO VIRGINIA ELECTRIC AND POWER COMPANY TO RELOCATE UNDERGROUND AND OVERHEAD POWER LINES FOR THE CHESTERFIELD GOVERNMENT CENTER PARKWAY PROJECT On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute an easement agreement with Virginia Electric and Power Company to relocate underground and overhead power lines for the Chesterfield Government Center Parkway Project. Ayes: Warren, Barber, Humphrey and McHale. Nays: None. Absent: Miller. 8,¢,10.b. TO VERIZON VIRGINIA INCORPORATED TO INSTALL UNDERGROUND CABLE ON COUNTY PROPERTY AT ~%DQ~ROOK HIGH SCHOOL On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute an easement agreement with Verizon Virginia Incorporated to install underground cable on county property at Meadowbrook High School, 4901 Cogbill Road. Ayes: Warren, Barber, Humphrey and McHale. Nays: None. Absent: Miller. $.C.11. STATE ROAD ACCEPTANCE On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board adopted the following resolution: WHEREAS, the streets described below are shown on plats recorded in the Clerk's Office of the Circuit Court of Chesterfield County; and 02-83 2/13/02 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 AND, BE IT FURTHER clear and unrestricted necessary easements for AND, BE IT FURTHER Street Requirements. RESOLVED, that this Board guarantees a right-of-way, as described, and any cuts, fills and drainage. resolution be forwarded to the Resident Engineer Virginia Department of Transportation. Tvoe Chan-e to the Secondary System of State Hinhwavs: Addition Basis for Change: Addition, New subdivision street Statutory Reference: t33.1-229 Project: Jessup Farms, Sec. C · Brambleton Road, State Route Number: 3169 From: Hackney Rd. ( Rt. 2326) To: .09 Mi. W of Hackney Rd. ( Rt. 2326), a distance of: 0.09 miles. Right-of-way record was filed on 8/13/1999 with the Office Of Clerk To Circuit Court in Pb. 106; Pg. 25, with a width of 50 Ft. · Hackney Road, State Route Number: 2326 From: .05 Mi. S of Intersection Hackney Ct. & Hackney PI. ( Rt. 2328) To: Hackney Tr. ( Rt. 4619), a distance of: 0.11 miles. Right-of-way record was filed on 8/13/1999 with the Office Of Clerk To Circuit Court in Pb. 106; Pg. 25, with a width of 50 Ft. · Hackney Road, State Route Number: 2326 From: Hackney Tr. ( Rt. 4619) To: Brambleton Rd. ( Rt. 3169), a distance of: 0.06 miles. Right-of-way record was filed on 8/13/1999 with the Office Of Clerk To Circuit Court in Pb. 106; Pg. 25, with a width of 50 Ft. · Hackney Road, State Route Number: 2326 From: Brambleton Rd. ( Rt. 3169) To: .01 Mi. S of Brambleton Rd. ( Rt. 3169), a distance of: 0.01 miles. Right-of-way record was filed on 8/13/1999 with the Office Of Clerk To Circuit court in Pb. 106; Pg. 25, with a width of 50 Ft. · Hackney Road ( East Loop), State Route Number: 2326 From: Hackney Rd. ( Rt. 2326) To: Hackney Rd. ( Rt. 2326), a distance of: 0.02 miles. Right-of-way record was filed on 8/13/1999 with the Office Of Clerk To Circuit Court in Pb. 106; Pg. 25, with a width of Variable RESOLVED, that a certified copy of this for the 2/13/02 02-84 · Hackney Road ( West Loop), State Route Number: 2326 From: Hackney Rd. ( Rt. 2326) To: Hackney Rd. ( Rt. 2326), a distance of: 0.02 miles. Right-of-way record was filed on 8/13/1999 with the Office Of Clerk To Circuit Court in Pb. 106; Pg. 25, with a width of Variable · Hackney Terrace, State Route Number: 4619 From: Hackney Rd. ( Rt. 2326) To: Cul-de-sac, a distance of: 0.04 miles. Right-of-way record was filed on 8/13/1999 with the Office Of Clerk To Circuit Court in Pb. 106; Pg. 25, 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. Tv~e Chenoe to the Secondary System of State Hi.hwavs: Addition Basis for Change: Addition, New subdivision street Statutory Reference: §33.t-229 Project: Woodland Pond, Section t2 · Park Bluff Court, State Route Number: 4606 From: Timber Point Dr. ( Rt. 3807) To: Cul-de-sac, a distance of: 0.07 miles. Right-of-way record was filed on 2/18/2000 with the Office Of Clerk To Circuit Court in Pb. 109; Pg. 41, with a width of 50 Ft. · Park Bluff Terrace, State Route Number: 4605 From: Timber Point Dr. ( Rt. 3807) To: Cul-de-sac, a distance of: 0.19 miles. Right-of-way record was filed on 2/18/2000 with the Office Of Clerk To Circuit Court in Pb. 109; Pg. 41, 02-85 2/13/02 with a width of 50 Ft. · Timber Point Drive, State Route Number: 3807 From: Owl Trace Dr. ( Rt. 3806) To: Park Bluff Tr. ( Rt. 4605), a distance of: 0.13 miles. Right-of-way record was filed on 2/18/2000 with the Office Of Clerk To Circuit Court in Pb. 109; Pi;. 41, with a width of 50 Ft. · Timber Point Drive, State Route Number: 3607 From: Park Bluff Tr. ( Rt. 4605) To: Cul-de-sac, a distance of: 0.05 miles. Right-of-way record was filed on 2/18/2000 with the Office Of Clerk To Circuit Court in Pb. 109; Pg. 41, 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. Tvoe Chanoe to the Secondary System of State Hiohwav$; Addition Basis for Change: Addition, New subdivision street Statutory Reference: §33.t -229 Project: Beechwood Forest, Sec. 3 · Eagle Pass Drive, State Route Number: 4607 From: Hunters Hawk Dr. ( Rt. 4524) To: .26 Mi. S of Hunters Hawk Dr. (Rt. 4524), a distance of: 0.26 miles. Right-of-way record was filed on 11/30/2000 with the Office Of Clerk To Circuit Court in Pb. 114 Pg. 61, with a width of 50 Ft. · Hunters Hawk Drive, State Route Number: 4524 From: .01 Mi. E of Beechwood Forest Dr. ( Rt. 4526) To: Eagle Pass Dr. ( Rt. 4607), a distance of: 0.17 miles. Right-of-way record was filed on 11/30/2000 with the Office Of Clerk To Circuit Court in Pb. 114 Pg. 61, 2/13/02 02-86 with a width of 50 Ft. · Hunters Hawk Drive, State Route Number: 4524 From: Bundle Rd. ( IRt. 654) To: 0.01 Mi. W of Hunters Hawk Ct., ( Rt. 4525), a distance of: 0.10 miles. Right-of-way record was filed on 11/30/2000 with the Office Of Clerk To Circuit Court in Pb. 114 Pg. 61, 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. Tyne Chenoe to the Secondary Svatem of State Hiahwavs: Addition Basis for Change: Addition, New subdivision street Statutory Reference: §33.t-229 Project: Cheedin Landing, Sec. 4 · Aqula Court, State Route Number: 4497 From: Chesdin Landing Dr. ( Rt. 5080) To: Cul-de-sac, a distance of: 0.14 miles. Right-of-way record was filed on 8/27/1998 with the Office Of Clerk To Circuit Court in Pb.100 Pg. 5, with a width of 50 Ft. · Cheedln Green Way, State Route Number: 4496 From: Chesdin Landing Dr., ( Rt. 5080) To: Pungo Tr. ( Rt. 4953), a distance of: 0.22 miles. Right-of-way record was filed on 8/27/1998 with the Office Of Clerk To Circuit Court in Pb.100 Pg. 5, with a width of 50 Ft. · Cheedin Green Way, State Route Number: 4496 From: Lake Chesdin Pk. ( Rt. 4479) To: Pungo Tr. ( Rt. 4953), a distance of: 0.43 miles. Right-of-way record was filed on 8/27/1998 with the Office Of Clerk To Circuit Court in Pb.100 Pg. 5, with a width of 50 Ft. · Cheedln Landing Drive, State Route Number: 5080 02-87 2/13/02 From: Chesdin Green Wy. ( Rt. 4496) To: .01 Mi. S of Chesdin Green Wy. ( Rt. 4496), a distance of: 0.01 miles. Right-of-way record was filed on 8/27/1998 with the Office Of Clerk To Circuit Court in Pb.100 Pg. 5, with a width of 50 Ft. · Cheedin Landing Drive, State Route Number: 5080 From: Chesdin Green Wy. ( Rt. 4496) To: Aquia Ct., ( Rt. 4497), a distance of: 0.51 miles. Right-of-way record was filed on 8/27/1998 with the Office Of Clerk To Circuit Court in Pb.100 Pg. 5, with a width of 50 Ft. ® Chesdin Landing Drive, State Route Number: 5080 From: Aquia Ct., ( Rt. 4497) To: 0.64 Mi. N. of Chesdin Green Wy., ( Rt. 4496), a distance of: 0.13 miles. Right-of-way record was filed on 8/27/1998 with the Office Of Clerk To Circuit Court in Pb.100 Pg. 5, with a width of 50 Ft. ® Pungo Court, State Route Number: 4593 From: Chesdin Green Wy. ( Rt. 4496) To: Cul-de-sac, a distance of: 0.12 miles. Right-of-way record was filed on 8/27/1998 with the Office Of Clerk To Circuit Court in Pb.100 Pg. 5, with a width of 50 Ft. ® Pungo Terrace, State Route Number: 4953 From: Chesdin Green Wy. ( Rt. 4496) To: Cul-de-sac, a distance of: 0.11 miles. Right-of-way record was filed on 8/27/1998 with the Office Of Clerk To Circuit Court in Pb.100 Pg. 5, with a width ~ 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. Tvoe Chanue to the Secondary System of State Hiahwavs; Addition Basis for Change: Addition, New subdivision street 2/ 3/02 02-88 Statutory Reference: §33.1-229 Project: Hunters Green, Section B & a portion of section A · Hunters Trail Rood, State Route Number: 4534 From: White Fawn Dr. ( Rt. 1363) To: Trumpeter Rd. ( Rt. 4547), a distance of: 0.14 miles. Right-of-way record for portion B was filed on 11/4/1988 with the Office Of Clerk To Circuit Court in Pb. 63; Pg. 87, with a width of 50 Ft. Right-of-way record for portion A was filed on 9/29/1983 with the Office Of Clerk To Circuit Court in Pb. 44; Pg. 16, with a width of 50 Ft. · Hunters Trail Road, State Route Number: 4534 From: Trumpeter Rd. ( Rt. 4547) To: Cul-de-sac, a distance of: 0.07 miles. Right-of-way record was filed on 11/4/1988 with the Office Of Clerk To Circuit Court in Pb. 63; Pg. 87, with a width of 50 Ft. · Trumpeter Rood, State Route Number: 4547 From: Hunters Trail Rd. ( Rt. 4534) To: Trumpeter Run Ct, ( Rt. 4548), a distance of: 0.07 miles. Right-of. way record was filed on 11/411988 with the Office Of Clerk To Circuit Court in Pb. 63; Pg. 87, with a width of 50 Ft. · Trumpeter Rood, State Route Number: 4547 From: Trumpeter Run Ct. ( Rt. 4548) To: River Rd. ( Rt. 602), a distance of: 0.11 miles. Right-of-way record was filed on 11/4/1988 with the Office Of Clerk To Circuit Court in Pb. 63; Pg. 87, with a width of 50 Ft. · Trumpeter Run Court, State Route Number: 4548 From: Trumpeter Rd. ( Rt. 4547) To: Cul-de-sac, a distance of: 0.09 miles. Right-of-way record was filed on 11/4/1988 with the Office Of Clerk To Circuit Court in Pb. 63; Pg. 87, with a width of 50 Ft. · Trumpeter Run Place, State Route Number: 4549 From: Trumpeter Rd. ( Rt. 4547) To: Cul-de-sac, a distance of: 0.07 miles. Right-of-way record was filed on 11/4/1988 with the Office Of Clerk To Circuit Court in Pb. 63; Pg. 87, 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. 02-89 2/13/02 NOW, THEREFORE BE IT RESOLVED, that this Board requests the Virginia Department of Transportation to add the streets described below to the secondary system of state highways, pursuant to § 33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements. AND, BE IT FURTHER RESOLVED, that this Board guarantees a clear and unrestricted right-of-way, as described, and any necessary easements for cuts, fills and drainage. AND, BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. TyI~ Chanae to the Secondary System of State Hiahwavs: Addition Basis for Change: Addition, New subdivision street Statutory Reference: §33.t-229 Project: Lake Cheadin Parkway · Lake Cheadin Parkway, State Route Number: 4479 From: Ivy Mill Rd. ( Rt. 657) To: 0.15 Mi. S of Ivy Mill Rd. ( Rt. 657), a distance of: 0.15 miles. Right-of-way record was filed on 5/5/1999 with the Office Of Clerk To Circuit Court in Db. 3561; Pg. 495, with a width of 90 Ft. · Lake Chesdin Parkway, State Route Number: 4479 From: 0.15 Mi. S of Ivy Mill Rd. ( Rt. 657) To: 0.24 Mi. S of Ivy Mill Rd. ( Rt. 657), a distance of: 0.09 miles. Right-of-way record was filed on 5/5/1999 with the Office Of Clerk To Circuit Court in Db. 3561; Pg. 495, with a width of 90 Ft · Lake Chesdln Parkway, State Route Number: 4479 From: 0.24 Mi. S of Ivy Mill Rd. ( Rt. 657) To: 1.22 Mi. S of Ivy Mill Rd. ( Rt. 657), a distance of: 0.98 miles. Right-of-way record was filed on 5/5/1999 with the Office Of Clerk To Circuit Court in Db. 3561; Pg. 495, with a width of 70 Ft. Ayes: Warren, Barber, Humphrey and McHale. Nays: None. Absent: Miller. 8.C.12. 8.C.12 .a. TRANSFER OF DISTRICT IMPROVEN~.NT FUNDS FROM THE BERMUDA DISTRICT IMPROVEMRNT FUND AND TH~ MATOACA DISTRICT :IMPROVEMENT FUND TO PARKS ANn RECREATION TO CONSTRUCT A FOOTBALL FIELD FENCE AT HARROWGATE PARK On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board transferred $2,000 from the Bermuda District Improvement Fund and $2,000 from the Matoaca District Improvement Fund (total of $4,000) to the Parks and Recreation Department to construct a football field fence at Harrowgate Park. Ayes: Warren, Barber, Humphrey and McHale. Nays: None. Absent: Miller. 2/13/02 02-90 8.C.12.b. FROM T~ MATOACA DISTRICT IMPROVEMENT FUND TO THE PARKS AND RECREATION DEPARTMENT FOR FIELD IMPROVEMENTS TO ~ISTING SOCCER FIELD~ AT MANCHESTER HIGH SCHOOL On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board transferred $300 from the Matoaca District Improvement Fund to the Parks and Recreation Department for field improvements to existing soccer fields at Manchester High School. Ayes: Warren, Barber, Humphrey and McHale. Nays: None. Absent: Miller. 8.C.13. APPROVAL OF LEASE ADDENDUM FOR OFFICE SPACE AT CENTRECOURT OFFICE BUILDING FOR THE ECONOMIC DEVELOPMENT DEPARTMENT On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board approved a lease addendum for additional office space at the CentreCourt Office Building for the Economic Development Department. Ayes: Warren, Barber, Humphrey and McHale. Nays: None. Absent: Miller. 8.C.14. SET DATE FOR PUBLIC HEARING TO CONSIDER AN 0RDINANCR TO ESTABLISH AND APPROVE A JOINT POWERS ASSOCIATION AGREEMENT On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board set the date of February 27, 2002 for a public hearing to consider an ordinance to establish and approve a Joint Powers Association Agreement to permit joint purchases of electricity supply and distribution. Ayes: Warren, Barber, Humphrey and McHale. Nays: None. Absent: Miller. 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 Mrs. Humphrey, 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. Ayes: Warren, Barber, Humphrey and McHale. Nays: None. Absent: Miller. 02-91 2/13/02 10 .C. CLOSED SESSION PURSUANT TO SECTION 2.2-3711.A.5., COD~ OF VIRGINIA, 1950, AS AMENDED, FOR DISCUSSIO~T CONCERNING A PROSPECTIVE BUSINESS IN THE COUNTY WHE~ NO PREVIOUS ANNOUNCEN~.NT HAS BEEN MADE OF THE BUSINESS' INTEREST IN LOCATING IN THE COUNTY On motion of Mr. McHale, seconded by Mr. Barber, the Board went into a Closed Session pursuant to Section 2.2-3711.A.5., Code of Virginia, 1950, as amended, for discussion concerning a prospective business in the county where no previous announcement has been made of the business' interest in locating in the county. Ayes: Warren, Barber, Humphrey and McHale. Nays: None. Absent: Miller. (It is noted Mr. Miller returned to the meeting at this time and went into Closed Session with the other members of the Board.) Reconvening: On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board adopted the following resolution: WHEREAS, the Board of Supervisors has this day adjourned into Closed Session in accordance with a formal vote of the Board and in accordance with the provisions of the Virginia Freedom of Information Act; and WHEREAS, the Virginia Freedom of Information Act effective July 1, 1989 provides for certification that such Closed Session was conducted in conformity with law. NOW, THEREFORE BE IT RESOLVED, the Board of Supervisors does hereby certify that to the best of each member's knowledge, i) only public business matters lawfully exempted from open meeting requirements under the Freedom of Information Act were discussed in the Closed Session to which this certification applies, and ii) only such public business matters as were identified in the Motion by which the Closed Session was convened were heard, discussed, or considered by the Board. No member dissents from this certification. The Board being polled, the vote was as follows: Mr. McHale: Aye. Mrs. Humphrey: Aye. Mr. Barber: Aye. Mr. Warren: Aye. Mr. Miller: Aye. 11. DINNER On motion of Mr. McHale, seconded by Mr. Warren, the' Board recessed to the Administration Building, Room 502, for dinner with members of the Chesterfield Community Services Board. Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. 2/13/02 02-92 Reconvening: 12. INVOCATION Reverend James Ferguson, Pastor of Living Word Ministries, gave the invocation. 13. PLEDGE OF ~T.?.EGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Girl Scout Gold Award recipient Meredith Redinbaugh led the Pledge of Allegiance to the flag of the United States of America. 14. RESOLUTIONS AND SPECIAL RECOGNITIONS 14.E. RECOGNIZING MR. EDDIE HEUSSLER FOR HIS HEROIC EFFORTS Chief Elswick introduced Mr. Kevin Holmes (Mr. Heussler's best friend and Federal Express supervisor), Ms. Paige Jones (Mr. Heussler's fiance), Ms. Betty Johnson (Ms. Jones' mother) and Mr. James Newcomb (whose mother succumbed in the fire), who were present to receive the resolution on behalf of Mr. Heussler. He stated that Mr. Heussler's father was scheduled to receive the resolution, but because of his son's critical condition, was not able to leave the hospital. He requested that citizens support a fundraiser for Mr. Heussler's medical needs at Chesterfield Towne Center on March 2, 2002. Mr. Warren expressed sincere sympathy to Mr. Newcomb, whose mother succumbed in the residential fire. On motion of the Board, the following resolution was adopted: WHEREAS, on January 22, 2002, a residential fire occurred on Woodward Drive in the Clover Hill District; and WHEREAS, two women and a child were in the home when the fire erupted; and WHEREAS, one of the women and the child were able to escape, leaving one person trapped in the blaze; and WHEREAS, Mr. Eddie Heussler was delivering parcels in the neighborhood for the Federal Express Corporation; and WHEREAS, Mr. Heussler noticed the fire and, disregarding his own personal safety, responded to the cries for help from the two people who had escaped the fire, and entered the burning structure; and WHEREAS, as flames encircled him, Mr. Heussler attempted to drag the remaining occupant of the house to safety until the heat and flames made it impossible for him to remain in the building; and WHEREAS, in the course of this heroic attempt to save the life of someone he did not even know, Mr. Heussler was critically burned; and WHEREAS, such extraordinary heroism is deserving of public recognition and appreciation. 02-93 2/13/02 NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors publicly recognizes Mr. Eddie Heussler for his conspicuous and selfless courage, extends to him and to his family sincere best wishes for his recovery, and expresses appreciation for his gallant and dedicated sex;ice to others in need, which is a source of inspiration to all. Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. Mr. Miller, accompanied by Mr. Warren, presented the executed resolution to Mr. Holmes, accompanied by Ms. Jones, Ms. Johnson, Mr. Newcomb and Chief Elswick, and expressed appreciation for the compassionate, unselfish act of heroism displayed by Mr. Heussler. He requested that all citizens lift Mr. Heussler and his family up in prayers and also express their appreciation by contributing to "The Eddie Heussler Fund." A standing ovation followed the presentation. 14 .F. RECOANIZING MR. DOUGLAS M. RICHARDSON UPON ATTAININC THE RANK OF EAGLE SCOUT Mr. Hammer introduced Mr. Douglas Richardson 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. Douglas M. Richardson, Troop 819, sponsored by Saint John's Episcopal Church, has accomplished those high standards of commitment and has reached the long-sought goal of Eagle Scout, which is earned by only four percent of those individuals entering the Scouting movement; and WHEREAS, growing through his experiences in Scouting, learning the lessons of responsible citizenship, and endeavoring to prepare himself for a role as a leader in society, Douglas has distinguished himself as a member of a new generation of prepared young citizens of whom we can all be very proud. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors hereby extends its congratulations to Mr. Douglas M. Richardson on his attainment of Eagle Scout, and acknowledges the good fortune of the County to have such an outstanding young man as one of its citizens. Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. 2/13/02 02-94 Mr. Miller presented the executed resolution and patch to Mr. Richardson, accompanied by members of his family, congratulated him on his outstanding achievement, and wished him well in future endeavors. Mr. Richardson expressed appreciation to his church, family, members of his troop, and others for their support. 14 RECOGNIZING THE SHRINE OF NORTH AM~RICA FOR ITS BURN pREVENTION EFFORTS Mr. Kappel introduced Mr. Bobby Richardson, representing the ACCA Temple Shrine, who was present to receive the resolution. On motion of the Board, the following resolution was adopted: WHEREAS, severe burn injuries are a leading cause of death and injury, especially among young children; and WHEREAS, each year, more than two million people incur burn injuries; and WHEREAS, one of every three burn victims is a child; and WHEREAS, the Shrine of North America operates four hospitals that provide free medical care to severely burned children; and WHEREAS, the Shrine of North America is also committed to educating the public about fire safety and ways to prevent burns; and WHEREAS, approximately 75 percent of burn injuries are preventable; and WHEREAS, the Shriners Hospitals have been instrumental in having many localities across the nation observe "Burn Awareness Week" each year, including the period February 3-9 of this year; and WHEREAS, such public education campaigns may help to reduce needless injury from burns; and WHEREAS, it is appropriate to recognize the dedication of the Shrine of North America and its efforts to prevent and treat burn injuries. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors publicly recognizes the Shrine of North America, expresses appreciation for its tireless efforts to prevent burn injuries and its efforts to treat children with burn injuries, and wishes the Shriners Hospitals continued success as they restore health and improve quality of life for those afflicted with burn injuries. Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. Mr. Miller presented the executed resolution to Mr. Richardson and expressed appreciation for the efforts of the Shrine of North America in burn prevention. Mr. Richardson expressed appreciation to the Board recognizing "Burn Awareness Week." for 02-95 2/13/02 14 .A. RECOGNIZING MS. MARY BETH NEW, FORMER M~MBER OF TF~ CHESTERFIELD COMMUNITY SERVICES BOARD FOR HE~ DEDICATED SERVICR Mr. Hammer introduced Ms. Mary Beth New who was present to receive the resolution. On motion of the Board, the following resolution was adopted: WHEREAS, Ms. Mary Beth New, resident of Clover Hill District has served as a dedicated and faithful member of the Chesterfield Community Services Board since her appointment by the Board of Supervisors in January 1999; and WHEREAS, Ms. New, during her three year term as an at large member of the Chesterfield Community Services Board, has served with distinction as a member and chairperson of the CSB Policy Committee, the CSB Research Committee, as well as the elected office of CSB Secretary and as a member of the CSB Executive Committee; and WHEREAS, Ms. New has been recognized for her multiple community volunteer efforts as well as being honored by the Daughters of the American Revolution as a recipient of the DAR Citizenship Award; and WHEREAS, Ms. New, on behalf of the Chesterfield Community Services Board, has been an active participant in state conferences of the Virginia Association of Community Services Boards and is recognized as an articulate advocate for quality behavioral health care; and WHEREAS, Ms. New is acknowledged locally and throughout the Commonwealth as a dedicated medical professional who exhibits genuine concern for persons with mental or physical disabilities, and whose guidance has been a valuable resource during her term of appointment. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors publicly recognizes Ms. Mary Beth New and expresses sincere appreciation for her dedicated commitment and significant contributions in the provision of quality mental health, mental retardation and substance abuse services to the citizens of Chesterfield County. AND, BE IT FURTHER RESOLVED, that a copy of this resolution be presented to Ms. New and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. Mr. Warren presented the executed resolution to Ms. New, accompanied by Mr. Braunstein and Community Services Board members Mr. Richard Scales and Mr. Thomas UMac" Deadmore, and expressed appreciation for her service to the Community Services Board. Mr. Scales and Mr. Braunstein also expressed appreciation for Ms. New's service. Ms. New expressed appreciation to the Board for its support of her own family's need for services provided by the Community Services Board. 2/13/02 02-96 RECOGNIZING FEBRUARY 2002 AS ~NATIONAL CHILDREN'S DENTAL HEALTH MONTH~IN CHESTERFIELD COUNTY Mr. Kappel introduced Dr. Samuel Galstan, Ms. JoAnne Wells, and Dr. Frank Farrington who were present to receive the resolution. On motion of the Board, the following resolution was adopted: WHEREAS, the Seventh Annual Dental Health Extravaganza will be held at Southpark Mall on February 23, 2002; and WHEREAS, through the joint efforts of the Virginia Department of Health, Division of Dentistry, the Southside Dental Society, the Alliance of the Southside Dental Society, the Medical College of Virginia School of Dentistry, local dentists who volunteer their time, and the School Districts of Chesterfield, Colonial Heights, Dinwiddie, Hopewell, Petersburg, Prince George and Sussex, this program was established to foster the improvement of children's dental health; and WHEREAS, the Extravaganza includes presentations of awards to local students who participated in the essay contest entitled "Don't Let Your Smile Become Extinct"; and WHEREAS, literature is provided to families educating them on the importance of visiting their dentist regularly, brushing and flossing each day, eating nutritious foods, inquiring about dental sealants and wearing mouth guards; and WHEREAS, the Medical College of Virginia will have a mobile oral health screening van on site for free dental screenings, displays and entertainment will be provided stressing the importance of dental health in children, and a toothbrush exchange will be available. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors publicly recognizes February 2002, as "National Children's Dental Health Month" in the County of Chesterfield, encourages all parents to participate to ensure the best dental care possible for their children, commends those organizations responsible for their proactive approach to dental health and also commends Dr. Samuel W. Galstan, JoAnne Wells R.D.H., and Dr. Frank Farrington for their continued efforts in this activity. Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. Mrs. Humphrey presented executed resolutions to Dr. Galstan, Ms. Wells and Dr. Farrington, and expressed appreciation for their efforts in improving children's dental health. Dr. Galstan expressed appreciation to the volunteers who support the Dental Health Extravaganza. 14.C. RECOGNIZING MISS MEREDITH REDiNBAUGH UPON ATTAINING THE GOLD AWARD Mr. Hammer introduced Miss Meredith Redinbaugh who was present to receive the resolution. On motion of the Board, the following resolution was adopted: WHEREAS, the Girl Scouts of the United States of America is an organization serving over 2.6 million girls and was founded to promote citizenship training and personal development; and 2/ /02 02-97 WHEREAS, after earning four interest project patches, the Career Exploration Pin, the Senior Girl Scout Leadership Award, the Senior Girl Scout Challenge, and designing and implementing a Girl Scout Gold Award project; and WHEREAS, the Gold Award is the highest achievement award in Girl Scouting and symbolizes outstanding accomplishments in the areas of leadership, community service, career planning, and personal development; and WHEREAS, the Girl Scout Award can only be earned by girls aged 14-17 or in grades 9-12 and is received by less than six percent of those individuals entering the Girl Scouting movement; and WHEREAS, Miss Meredith Eileen Redinbaugh, Troop 126, sponsored by Saint Luke's Lutheran 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, Meredith 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 Meredith Eileen Redinbaugh 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: Miller, Warren, Barber, Humphrey and McHale. Nays: None. Mr. Barber presented the executed resolution and patch to Miss Redinbaugh, accompanied by members of her family, congratulated her on her outstanding achievement, and wished her well in future endeavors. Miss Redinbaugh expressed appreciation to her family, members of her troop and Girl Scout leader, her church and others for their support. 14.D. RECOGNIZING JUNIOR MISS SCHOLARSHIP PROGRAM RECIPIENT~ 14.D.1. MS. MEHAN BERGTHOLD, CHESTERFIELD'S JUNIOR MISS FO~ Mr. Kappel introduced Ms. Megan Bergthold who was present to receive the resolution. On motion of the Board, the following resolution was adopted: WHEREAS, the Junior Miss Scholarship Program provides college scholarships to outstanding young women; and WHEREAS, while in high school, these young women must have excelled in academics; been active in extracurricular activities that serve the community; strived to be physically fit; and must have developed a performing talent; and WHEREAS, Midlothian/Chesterfield,s Junior Miss Scholarship Program was held in September 2001, with 16 contestants representing the five area high schools in northern Chesterfield County; and 2/13/02 02 -98 WHEREAS, Ms. Megan Bergthold has been named Chesterfield's Junior Miss 2002; and WHEREAS, Ms. Bergthold is a senior at James River High School and is also her class Salutatorian and Homecoming Queen 2001; and WHEREAS, among her many accomplishments, Ms. Bergthold has been a Junior Varsity and Varsity cheerleader; is a member of the National Honor Society, National Beta Club, Spanish Honor Society and the Principal's Leadership Advisory Council; and is listed in Who's Who Among American High School Students; and WHEREAS, Ms. Bergthold has been a foreign exchange student in Guadalajara and Mexico City, Mexico and also served as a "People to People" Student Ambassador to England, Ireland, Scotland and Wales; and WHEREAS, Ms. Bergthold has volunteered to assist the Angel Tree Christmas Project, the Christmas Mother Project, her church and Sunday School, and Bingo for the elderly at Manor House; and WHEREAS, Ms. Bergthold was the Scholastic Winner and Interview Winner, and received $1,400 in scholarships. NOW, THEREFORE, BE IT RESOLVED, that the Chesterfield County Board of Supervisors publicly recognizes the achievements of Ms. Megan Bergthold, wishes her continued success in her academic pursuits, and is proud to have her represent Chesterfield County schools as she continues with her higher education. Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. Mr. Barber presented the executed resolution to Ms. Bergthold, accompanied by her father, congratulated her on her accomplishments, and wished her continued success. Ms. Bergthold expressed appreciation to the Board for the recognition. ~4.D.2. MS. MEREDITH DILLARD. MIDLOTHIAN'S JUNIOR MISS FOR 2002 Mr. Kappel introduced Ms. Meredith Dillard who was present to receive the resolution. On motion of the Board, the following resolution was adopted: WHEREAS, the Junior Miss Scholarship Program provides college scholarships to outstanding young women; and WHEREAS, while in high school, these young women must have excelled in academics; been active in extracurricular activities that serve the community; strived to be physically fit and must have developed a performing talent; and WHEREAS, Midlothian/Chesterfield's Junior Miss Scholarship Program was held in September 2001, with 16 contestants representing the five area high schools in northern Chesterfield County; and WHEREAS, Ms. Meredith Dillard has been named Midlothian's Junior Miss 2002; and 2/13/02 02-99 WHEREAS, Ms. Dillard is a senior at Monacan High School; and WHEREAS, Ms. Dillard was the winner in the Talent and Poise categories and won $1,400 in scholarships; and WHEREAS, among her many accomplishments, Ms. Dillard is a member of the National Honor Society, the National Beta Club, the International Thesbian Society, the "Center Stage" Show Choir, the National Forensics League, and has appeared in numerous theatrical performances; and WHEREAS, Ms. Dillard has volunteered to assist the Hospitality House of MCV, Habitat for Humanity, Freedom House and CARITAS, and has participated in church mission trips and the "Voices of Youth" singing missionary team's trip to Mexico; and WHEREAS, Ms. Dillard is an outstanding representative of Chesterfield County youth. NOW, THEREFORE, BE IT RESOLVED, that the Chesterfield County Board of Supervisors publicly recognizes the achievements of Ms. Meredith Dillard, wishes her continued success in her academic pursuits, and is proud to have her represent Chesterfield County schools as she continues with her higher education. Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. Mr. Barber presented the executed resolution to Ms. Dillard, accompanied by her mother, congratulated her on her accomplishments, and wished her continued success. Ms. Dillard expressed appreciation to her family and Ms. Janie Evans, Director of the Junior Miss Pageant, for their support. 14.H. RECOGNIZING MARCH 1, 2002, AS "READ ACROSS AMERICA DAy" Mr. Kappel introduced Mr. Donald Wilms, President of Chesterfield Education Association, who was present to receive the resolution. On motion of the Board, the following resolution was adopted: WHEREAS, Chesterfield County is committed to our young citizens, whose boundless potential for positive contribution, education, development and social growth are vital to our progress; and WHEREAS, it is widely recognized that learning to read is one of the keys to success for the youth of our county, and WHEREAS, the National Education Association has conducted an annual "Read Across America" campaign since 1998; and WHEREAS, this celebration takes place on or around March 2, the birthday of the late children's author Theodor Geisel, better known as "Dr. Seuss"; and WHEREAS, the "Dr. Seuss" books have helped to teach generations of young Americans to love books; and WHEREAS, the Chesterfield County Board of Supervisors encourages parents, teachers, librarians and others to foster a love of reading in all young people. 02 -100 2/13/02 NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors publicly recognizes March 1, 2002, as "Read Across America Day" in Chesterfield County, and expresses it's appreciation of all Chesterfield County citizens who are instrumental in instilling in our youth a love for reading, which will endure throughout their lives and enrich them and their communities. Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. Mr. Barber presented the executed resolution to Mr. Wilms and expressed appreciation for the efforts and contributions of all who instill a love for reading in young people throughout the county. Mr. Wilms expressed appreciation to the Board for its support of "Read Across America Day" events. He presented each of the Board members with certificates of appreciation from the Chesterfield Education Association as well as a bookmark. 15. HEARINGS OF CITIZENS ON UNSCHEDULED MATTERS OR CLAIMS MR. DONALD WILMS, PRESIDENT, CHESTERFIELD EDUCATION ASSOCIATION WILL ADDRESS THE BOARD REGARDING THE ADVERTISEM~ OF THE PROPERTY TAX RATE AT THE CURRENT RATE Mr. Donald Wilms stated that public education should be important to all county citizens regardless of whether or not they have school-aged children because most of the people they interact with on a daily basis are educated in public schools. He further stated that if school quality decreases, property values decrease. He expressed concerns that the revenue projected because of increased assessments will not be enough to meet the needs of county schools. He stated that most voters are willing to pay more taxes if they know exactly what the taxes will be used for, and noted that the one cent reduction in real estate property tax represents approximately the price of a pizza per household. He further stated that lowering the tax rate will have a devastating effect on the entire school system and appealed to the Board to advertise the tax rate at the current $1.08. 16. PUBLIC HEARINGS 16 .A. TO CONSIDER THE CONVEYANCE OF LEASE OF REAL PROPERTY AT THE CHALKLEY ELEMENTARY SCHOOL ATHLETIC COMPLEX FOR THE OPERATION OF A FOOD CONCESSION BY A CO-SPONSORED ATHLETIC ASSOCIATION OR LEAGUE Mr. Hammer stated that this date and time has been advertised for a public hearing to consider the conveyance of lease of real property at the Chalkley Elementary School Athletic Complex for the operation of a food concession by a co- sponsored athletic association or league. Mr. Miller called for the public hearing. No one came forward to speak to the issue. On motion of Mrs. Humphrey, seconded by Mr. McHale, the Board approved the conveyance of a lease of real property for 02-101 2/13/02 operation of a food concession at the Chalkley Elementary School Athletic Complex. Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. 16 .B. TO CONSIDER READOPTION OF AN ORDINANCE EXTENDING APPLICATION DEADLINE FOR THE COUNTY'S LAND US~ TAXATION PROGRAM Mr. Micas stated that, on January 23, 2002, the Board adopted an ordinance on an emergency basis extending the application deadline for the county's land use taxation program. He further stated that this date and time has been advertised for a public hearing to consider readoption of the ordinance. He noted that, since adoption of the ordinance on an emergency basis, thirteen people have taken advantage of the extended filing deadline. Mr. Miller called for the public hearing. No one came forward to speak to the ordinance. On motion of Mr. Barber, seconded by Mrs. Humphrey, the Board readopted the following ordinance: AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED BY AMENDING AND RE-ENACTING SECTION 9-18 RELATING TO LAND USE TAXATION APPLICATIONS BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Section 9-18 of the Code of the County of Chesterfield, 1997, as amended, is amended and re- enacted to read as follows: Sec. 9-18. Applications--Required. (a) The owner of any real estate meeting the criteria set forth in Code of Virginia, §§ 58.1-3230 and 58.1-3233(2), may, at least 60 days preceding the tax year for which such taxation is sought, apply to the county assessor for the classification, assessment and taxation of such property for the next succeeding tax year on the basis of its use, under the procedures set forth in Code of Virginia, § 58.1-3236, provided that in any year in which a general reassessment is being made the property owner may submit such application until the later of 30 days have elapsed after his notice of increase in assessment is mailed in accordance with the Code of Virginia, ~ 58.1-3330, or 60 days preceding the tax year. The application shall be on forms provided by the state department of taxation and supplied by the county assessor and shall include such additional schedules, photographs and drawings as may be required by the county assessor. An application fee of $10.00 shall accompany each application. In addition, an application may be filed within no more than sixty days after the filing deadline specified herein upon payment of a late filing fee of $25.00. Further, an application may be filed not later than thirty days after notices of assessments are mailed upon payment of a further extension fee of $25.00. (b) A separate application shall be filed for each parcel on the land book. o o o 02-102 02/13/02 (2) That this ordinance shall become immediately upon adoption. Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. effective 16 .C. TO CONSIDER REVISIONS TO THE ZONING ORDINANCE ~iTE pLAN REVIEW PROCESSES AND ASSOCIATED APPEAL~ PRQCESSES Mr. Jacobson stated that this date and time has been advertised for a public hearing to consider revisions to the zoning ordinance site plan review processes and associated appeals processes. He further stated that the proposed amendments, which resulted from a TQI review of the site plan processes, provide for an appeals process for the "minor site plan process"; lists specific issues appealable to the Planning Commission; better defines the individuals who can appeal; and provides for the ability of the county to fast track projects through the site plan process. He stated that staff reviewed the proposed amendments with the development community and indicated that the Planning Commission unanimously recommended approval. Mr. Barber questioned the possibility of basing the site plan approval process on a minimum number of working days in addition to calendar days. Mr. Micas stated that the Board and Planning Commission are required by state law to act within a maximum period of 60 calendar days for certain decisions. He further stated that all time limits in county ordinances and state law are based on calendar days. He expressed concerns that changing the review process to working days would make it more difficult for the Board to meet the 60 calendar day deadline, and indicated that staff recommends a calendar day approach for both site plan and subdivision review. Mr. Miller expressed concerns relative to the narrow categories of appealable issues. Mr. Jacobson stated that the proposed list has been expanded from the current ordinance. When asked, Mr. Jacobson stated that the issue of the water hazard in the First Tee case would still not be an appealable issue under the proposed expanded categories. He further stated that the proposed amendments better define who is considered to be "aggrieved" and changes the determination of whether a person is aggrieved from the Director of Planning to the County Attorney. He stated that adjacent property owners or lessees of adjacent property would have the right to appeal a staff decision to the Planning Commission. Mr. Micas stated that the definition of aggrieved is taken directly from state law. Discussion ensued relative to limitations on the applicant's ability to appeal. When asked, Mr. Micas stated that the applicant is not limited to appealable issues and can appeal for any reason. Mrs. Humphrey expressed concerns that public safety is not listed as an appealable issue. Mr. Miller expressed concerns that there may be another request for a golf course with a water hazard adjacent to a residential area and the adjacent property owner would have no ability to appeal. 02-103 02/13/02 Mr. Jacobson stated that the intent of the amendments is to make appealable issues more predictable so that staff can explain to citizens the issues that are and are not appealable. He further stated that, if the Board desires, standards can be developed and adopted as part of the county zoning ordinance relative to safety of water bodies. Mr. Miller stated that he, too, feels public safety should be an appealable issue. Mrs. Humphrey expressed concerns relative to limiting the public's ability to appeal zoning or site planning. Mr. Barber stated that, at the conclusion of the public hearing, there is nothing that would prohibit the Board from adding to the list of appealable issues or sending the amendments back to the Planning Commission. He further stated that he feels it is important to have concrete items listed as appealable issues, rather than nebulous ones. Mr. Miller stated that he is not comfortable with the proposed amendments knowing the thorny issues that occurred in a number of past zoning cases, and indicated that he feels the Board should take additional time to review the proposed amendments. Mr. Miller then called for the public hearing. Mr. Oliver "Skitch" Rudy stated that he has represented several aggrieved cases and does not feel the Board should limit the right of citizens to appeal staff's decisions on approved site plans to the Planning Commission. He expressed concerns relative to the County Attorney determining which citizens are considered to be "aggrieved" and also to the definition of "adjacent property owner." There being no one else to speak to the ordinance revisions, the public hearing was closed. Mr. McHale stated that, because the list of appealable issues has been expanded by staff and the Planning Commission, he feels the Board should approve the proposed amendments and then direct the Planning Commission and staff to address the concerns expressed by the Board. Mr. Warren stated that he would like to speak with Mr. Russ Gulley, Clover Hill District Planning Commissioner, prior to voting on the amendments. He suggested that the Board consider deferring the issue. Mrs. Humphrey stated that she would support a 60 day deferral. On motion of Mrs. Humphrey, seconded by Mr. Warren, the Board deferred consideration of the Zoning Ordinance site plan review processes and associated appeals processes, and the ordinance relating to site plan ordinance changes until April 10, 2002. Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. 16 .D, TO CONSIDER THE SITING OF A SOLID WASTE MAnAGEMeNT FACILITY, AS WELL AS APPROVAL FOR WASTE ~ATERI~T. MANAGEMENT AND DISPOSAL. FOR THE PROPOSED EXPANSION OF THE TAYLOR ROAD CONSTRUCTION AND DEMOLITION DEBRIS LANDFILL OWNED BY S. B. COX. INCORPORATED Mr. Pitaro stated that this date and time has been advertised for a public hearing to consider the siting of a solid waste 02-104 02/13/02 management facility, as well as approval for waste material management and disposal, for the proposed expansion of the Taylor Road Construction and Demolition Debris Landfill owned by S. B. Cox, Incorporated. Mr. Miller called for the public hearing. No one came forward to speak to the issue. On motion of Mr. Warren, seconded by Mr. McHale, the Board approved the siting of a solid waste management facility, as well as the management and disposal operations within the proposed expansion of the Taylor Road Construction and Demolition Debris Landfill owned by S. B. Cox, Incorporated. Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. TO CONSIDER A~ ORDINANCE TO VACATE A PORTION OF A TEN FOOT TEMPORARY CONSTRUCTION EASEMENT ACROSS LOT 8. BRIDLEWOOD FOREST SUBDIVISION Mr. Stith stated that this date and time has been advertised for a public hearing to consider an ordinance to vacate a portion of a ten foot temporary construction easement across Lot 8, Bridlewood Forest Subdivision. Mr. Miller called for the public hearing. No one came forward to speak to the ordinance. On motion of Mrs. Humphrey, seconded by Mr. Warren, the Board adopted the following ordinance: AN ORDINANCE whereby the COUNTY OF CHESTERFIELD, VIRGINIA, ("GRANTOR") vacates to PROVIDENCE INVESTMENTS, L.C., a Virginia limited liability company, ("GRANTEE"), a portion of a 10' temporary construction easement across Lot 8, Bridlewood Forest Subdivision, CLOVER HILL, 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 121, at Page 70. WHEREAS, PROVIDENCE INVESTMENTS, L. C., petitioned the Board of Supervisors of Chesterfield County, Virginia to vacate a portion of a 10' temporary construction easement across Lot 8, Bridlewood Forest Subdivision, Clover Hill 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 121, Page 70, by BALZER AND ASSOCIATES, INC., dated JUNE 28, 2001, and recorded NOVEMBER 14, 2001. The portion of easement petitioned to be vacated is more fully described as follows: A portion of a 10' temporary construction easement, across Lot 8, Bridlewood Forest Subdivision, the location of which is more fully shown on a plat made by BALZER AND ASSOCIATES, INC., dated DECEMBER 12, 2001, a copy of which is attached hereto and made a part of this Ordinance. WHEREAS, notice has been given pursuant to Section 15.2-2204 of the Code of Virginia, 1950, as amended, by advertising; and, 02-105 02/13/02 WHEREAS, no public necessity exists for the continuance of the portion of easement 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 Codeof Y_i/~~, 1950, as amended, the aforesaid portion of easement be and is hereby vacated. This Ordinance shall be in full force and effect in accordance with Section 15.2-2272 of the Code of Virginia, 1950, as amended, and a certified copy of this Ordinance, together with the plat attached hereto shall be recorded no sooner than thirty days hereafter in the Clerk's Office of the Circuit Court of Chesterfield County, Virginia pursuant to Section 15.2-2276 of the Code of Virginia, 1950, as amended. The effect of this Ordinance pursuant to Section 15.2-2274 is to destroy the force and effect of the recording of the portion of the plat vacated. This Ordinance shall vest fee simple title of the easement hereby vacated in the property owner of Lot 8, Bridlewood Forest Subdivision, free and clear of any rights of public. Accordingly, this Ordinance shall be indexed in the names of the COUNTY OF CHESTERFIELD as GRANTOR, and PROVIDENCE INVESTMENTS, L.C., or its successors in title, as GRANTEE. Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. 16 .F. TO CONSIDER AN ORDINANCE TO VACATE A PORTION OF EDMONTHORPE ROAD WITHIN POWDERHAM. SECTION C Mr. Stith stated that this date and time has been advertised for a public hearing to consider an ordinance to vacate a portion of Edmondthorpe Road within Powderham, Section C. Mr. Miller called for the public hearing. No one came forward to speak to the ordinance. On motion of Mr. Barber, seconded by Mrs. Humphrey, the Board adopted the following ordinance: AN ORDINANCE whereby the COUNTY OF CHESTERFIELD, VIRGINIA, ("GRANTOR") vacates to JOHN H. EARL and DEBORAH A. EARL, (husband and wife) and NORMAN R. WHITE, JR. and KATHERINE M. WHITE, (husband and wife), ("GRANTEE"), a portion of a 50' right of way known as Edmonthorpe Road, within Powderham, Section C, MIDLOTHIA/~ 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 38, at Page 17. WHEREAS, JOHN H. EARL and DEBORAH A. EARL, petitioned the Board of Supervisors of Chesterfield County, Virginia to vacate a portion of a 50' right of way known as Edmonthorpe Road, within Powderham, Section C, MIDLOTHIAN Magisterial District, Chesterfield County, Virginia more particularly shown on a plat of record in the Clerk's Office of the Circuit Court of said County in Plat Book 38, Page 17, by J. K. TIMMONS & ASSOCIATES, INC., dated NOVEMBER 4, 1980, and recorded JANUARY 30, 1981. The portion of right of way to be vacated is more fully described as follows: 02-106 02/13/02 A portion of a 50' right of way known as Edmonthorpe Road between Lot 10, Block H and Lot 11, Block I, Powderham, Section C, the location of which is more fully shown on the above referenced plat, a copy of which is attached hereto and made a part of this Ordinance. WHEREAS, notice has been given pursuant to Section 15.2-2204 of the Code of Virginia, 1950, as amended, by advertising; and, WHEREAS, no public necessity exists for the continuance of the portion of right of way sought to be vacated. NOW THEREFORE, BE IT ORDAINED BY THE 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 be and is hereby vacated. This Ordinance shall be in full force and effect in accordance with Section 15.2-2272 of the Code of Virginia, 1950, as amended, and a certified copy of this Ordinance, together with the plat attached hereto shall be recorded no sooner than thirty days hereafter in the Clerk's Office of the Circuit Court of Chesterfield County, Virginia pursuant to Section 15.2-2276 of the Code of Virginia, 1950, as amended. The effect of this Ordinance pursuant to Section 15.2-2274 is to destroy the force and effect of the recording of the portion of the plat vacated. This Ordinance shall vest fee simple title to the centerline of the portion of right of way hereby vacated in the property owners of Lot 10, Block H, and Lot 11, Block I, Powderham, Section C, free and clear of any rights of public use. Accordingly, this Ordinance shall be indexed in the names of the COUNTY OF CHESTERFIELD as GRANTOR, and JOHN H. EARL and DEBORAH A. EARL, (husband and wife), and NORMAN R. WHITE, JR. and KATHERINE M. WHITE, (husband and wife), or their successors in title, as GRANTEE. Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. 16 TO CONSIDER AN ORDINANCE TO VACATE A PORTION OF HAWKIN'S PARK ROAD WITHIN HAWKIN'S WOOD AT THE GROVE, Mr. Stith stated that this date and time has been advertised for a public hearing to consider an ordinance to vacate a portion of Hawkin's Park Road within Hawkin's Wood at the Grove, Section 2. Mr. Miller called for the public hearing. No one came forward to speak to the ordinance. On motion of Mr. Barber, seconded by Mr. Warren, the Board adopted the following ordinance: AN ORDINANCE whereby the COUNTY OF CHESTERFIELD, VIRGINIA, ("GRANTOR") vacates to COUNTY OF CHESTERFIELD, VIRGINIA, ("GRANTEE"), a portion of Hawkin's Park Road, within Hawkin's Wood at the Grove, Section 2, MIDLOTHIAN Magisterial District, 02-107 ~- ..~ 02/13/02 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 107, at Page 48. WHEREAS, E. D. LEWIS & ASSOCIATES, P.C., petitioned the Board of Supervisors of Chesterfield County, Virginia to vacate a portion of Hawkin's Park Road, within Hawkin's Wood at the Grove, Section 2, MIDLOTHIAN Magisterial District, Chesterfield County, Virginia more particularly shown on a plat of record in the Clerk's Office of the Circuit Court of said County in Plat Book 107, Page 48, by E. D. LEWIS & ASSOCIATES, P.C., dated DECEMBER 17, 2001. The portion of right of way petitioned to be vacated is more fully described as follows: A portion of Hawkin's Park Road, within Hawkin's Wood at the Grove, Section 2, the location of which is more fully shown on a plat made by E. D. LEWIS & ASSOCIATES, P.C., dated DECEMBER 17, 2001, a copy of which is attached hereto and made a part of this Ordinance. WHEREAS, notice has been given pursuant to Section 15.2-2204 of the Code of Virginia, 1950, as amended, by advertising; and, WHEREAS, no public necessity exists for the continuance of the portion of right of way sought to be vacated. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF SUPERVISORS OF CHESTERFIELD COUNTY, VIRGINIA: That pursuant to Section 15.2-2272 of the Codeof Y~q~, 1950, as amended, the aforesaid portion of right of way be and is hereby vacated. This Ordinance shall be in full force and effect in accordance with Section 15.2-2272 of the Code of Virginia, 1950, as amended, and a certified copy of this Ordinance, together with the plat attached hereto shall be recorded no sooner than thirty days hereafter in the Clerk's Office of the Circuit Court of Chesterfield County, Virginia pursuant to Section 15.2-2276 of the Code of Virginia, 1950, as amended. The effect of this Ordinance pursuant to Section 15.2-2274 is to destroy the force and effect of the recording of the portion of the plat vacated. This Ordinance shall vest fee simple title of the portion of right of way hereby vacated in the adjoining property owner 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 COUNTY OF CHESTERFIELD, VIRGINIA, or its successors in title, as GRANTEE. Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. 17. ADJOURNMENT On motion of Mr. McHale, seconded by Mr. Barber, the Board adjourned at 8:34 p.m. until February 27, 2002 at 3:30 p.m. Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. Ke 1 ~ y~--. Miller Chairm~an 02-108 02/13/02