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2008-07-30 MinutesBOARD OF SUPERVISORS MINUTES July 30, 2008 Supervisors in Attendance: Mr. Arthur S. Warren, Chairman Mr. Daniel A. Gecker, Vice Chrm. Ms. Dorothy Jaeckle Mr. James "Jim" Holland Ms. Marleen K. Durfee Mr. James J. L. Stegmaier County Administrator 08-497 Staff in Attendance: Ms. Janice Blakley, Clerk to the Board Mr. George Braunstein, Exec. Dir., Community Services Board Mr. Allan Carmody, Dir., Budget and Management Ms. Jana Carter, Dir., Juvenile Services Ms. Marilyn Cole, Asst. County Administrator Mr. Roy Covington, Dir., Utilities Ms. Mary Ann Curtin, Dir., Intergovtl. Relations Mr. Jonathan Davis, Dir., Real Estate Assessments Mr. Will Davis, Dir., Economic Development Ms. Rebecca Dickson, Dep. County Administrator, Human Services Colonel Thierry Dupuis, Police Department Mr. Robert Eanes, Asst. to the County Administrator Ms. Karla Gerner, Dir., Human Resource Management Mr. Michael Golden, Dir., Parks and Recreation Mr. Russell Harris, Mgr. of Community Development Services Mr. John Harmon, Real Property Manager Mr. Paul Hendricks, Deputy Chief Information Officer Mr. William E. Johnson, Deputy County Admin., Management Services Mr. Donald Kappel, Dir., Public Affairs Mr. Rob Key, Director, General Services Ms. Kathy Kitchen, Asst. Superintendent of Schools for Business and Finance Ms. Mary Lou Lyle, Dir., Accounting Mr. Mike Mabe, Director, Libraries Chief Paul Mauger, Fire Department 07/30/08 Mr. R. John McCracken, Dir., Transportation Mr. Richard M. McElfish, Dir., Env. Engineering Mr. Steven L. Micas, County Attorney Mr. M. D. Stith, Jr., Deputy County Admin., Community Development Mr. Kirk Turner, Dir., Planning Mr. Warren called the regularly scheduled meeting to order at 3:09 p.m. 1. APPROVAL OF MINUTES FOR JUNE 25, 2008 Staff provided the Board with proposed revisions to the minutes. Mr. Gecker stated he did not have a chance to review the revisions and requested the minutes be deferred until the evening session. On motion of Mr. Gecker, seconded by Mr. Warren, the Board deferred approval of the minutes until the evening session. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 2. COUNTY ADMINISTRATOR'S COMMENTS 2.A. GOVERNMENT FINANCE OFFICERS ASSOCIATION RECOGNITION OF THE ACCOUNTING DEPARTMENT Mr. Stegmaier recognized Ms. Lyle and staff from the Accounting Department for receiving the Certificate for Achievement for Excellence in Financial Reporting for the 27th consecutive year. He commended them on their outstanding efforts in financial reporting. 2.B. PRESERVE AMERICA COMMUNITY DESIGNATION Mr. Stegmaier stated Chesterfield County has been honored as a new recipient of the Preserve America Designation. He read a letter to Mr. Warren from First Lady Laura Bush, recognizing the county for this designation. He stated with this recognition, Chesterfield County will be eligible to apply for grants to assist with preservation efforts. 2.C. COUNTY ADMINISTRATOR'S REPORT Mr. Stegmaier provided an update on several of the "Top 40" critical projects being worked on by county staff, to include the Emergency Preparedness Steering Committee process, development of a campus-wide warning system, and Continuity of Operations Plan. J J J 08-498 07/30/08 3. BOARD MEMBER REPORTS There were no reports at this time. 4. REQUESTS TO POSTPONE AGENDA ITEMS AND ADDITIONS, DELETIONS OR CHANGES IN THE ORDER OF PRESENTATION On motion of Mr. Gecker, seconded by Mr. Warren, the Board replaced Item 11, Closed Session Pursuant to Section 2.2- 3711(A)(1), Code of Virginia, 1950, as Amended, Relating to the Performance and Compensation of the County Administrator, to add the following additional topic to the Closed Session: and Pursuant to Section 2.2-3711(A)(7), Code of Virginia, 1950, as Amended, for Consultation with Legal Counsel Regarding Moseley, et. al. v. Chesterfield County. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 5. RESOLUTIONS 5.A. RECOGNIZING MR. THOMAS BERRY, UTILITIES DEPARTMENT, UPON HIS RETIREMENT Mr. Roy Covington introduced Mr. Berry, who was present along with his wife, to receive his resolution. He commented on Mr. Berry's integrity, friendly disposition, and excellent customer service. On motion of the Board, the following resolution was adopted: WHEREAS, Mr. Thomas H. Berry will retire from Chesterfield County's Department of Utilities on August 1, 2008; and WHEREAS, Mr. Berry began his public service with Chesterfield County on September 14, 1970, as a meter reader for the Department of Utilities; and WHEREAS, in recognition of his dedication, skills and exceptional job performance, Mr. Berry, throughout the course of his career, has received several promotions and certificates of recognition for individual performance, teamwork and customer service; and WHEREAS, in recognition of his unique aptitude and ability related to reading water meters and executing service orders, volunteering for additional duties, and working many hours of overtime, Mr. Berry was promoted to senior meter reader in the field services section of the Utilities Department, and has diligently served in that capacity since July 1, 1976; and WHEREAS, Mr. Berry has exhibited pride and quality in the work he has performed at the Utilities Department; and WHEREAS, Mr. Berry willingly served customers in the most courteous and professional manner during his employment with the Utilities Department; and WHEREAS, Mr. Berry has assisted in the training and development of new employees in the field services section because of his significant knowledge and skills. 08-499 07/30/08 NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 30th day of July 2008, publicly recognizes Mr. Thomas H. Berry and extends on behalf of its members and the citizens of Chesterfield County their appreciation for his thirty-eight years of service to the County. AND, BE IT FURTHER RESOLVED that a copy of this resolution is presented to Mr. Berry, and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. Mr. Warren presented the executed resolution, acrylic statue and watch to Mr. Berry and thanked him for his contributions to Chesterfield County. Mr. Berry expressed appreciation to Chesterfield County for the great time he has had while employed with the county. He stated he would like to work on a part-time basis in the future. 6. WORK SESSIONS There were no Work Sessions at this time. 7. DEFERRED ITEMS There were no Deferred Items at this time. 8. NEW BUSINESS 8.A. APPOINTMENTS On motion of Mr. Gecker, seconded by Mr. Holland, the Board suspended its rules to allow simultaneous nomination/ appointment/reappointment of members to serve on the Youth Services Citizen Board. Ayes: Warren, Gecker, Jaeckle, Holland and Durfee. Nays: None. 8.A.1. YOUTH SERVICES CITIZEN BOARD On motion of Mr. Holland, seconded by Ms. Durfee, the Board simultaneously nominated/appointed Mr. Joel Bradner, an adult representative, to serve on the Youth Services Citizen Board, whose term is effective July 1, 2008 and will expire on June 30, 2009. And, further, the Board simultaneously nominated/reappointed /appointed the following students to serve on the Youth Services Citizen Board, whose terms are effective July 1, 2008 and will expire June 30, 2009: Name Christian Garland Kristen Follo nictri~~ ~ermuaa Bermuda J J J 08-500 07/30/08 Kathleen Kraines Clover Hill Amanda Hopkins Clover Hill John Fitzgerald Clover Hill Matthew Butta Clover Hill Matthew Pulley Matoaca Kellan Latif Matoaca Steven Bond Matoaca Andrew Bennett Matoaca Stephen Quinn Matoaca Matthew Harris Dale Rachel Rodini Midlothian Jess-Mara Jordan Midlothian Anastacia Martyn Midlothian Katherine Hillgrave Midlothian Ayes: Warren, Gecker, Jaeckle, Holland and Durfee. Nays: None. 8.B. CONSENT ITEMS On motion of Mr. Gecker, seconded by Ms. Jaeckle, the Board removed the following items from the consent agenda for public comment: Item 8.B.5.e., Set Date for Public Hearing to Consider a Proposed Amendment to the Introduction to the Plan for Chesterfield Relative to Levels of Service for Schools Countywide; Item 8.B.15., Designation of a Virginia Department of Transportation Sight Distance Easement Aiong Genito Road; and Item 8.B.17., Request for a Permit for Woodlake Community Association to Stage a Fireworks Display at the Woodlake Pavilion/Amphitheater. Ayes: Warren, Gecker, Jaeckle, Holland and Durfee. Nays: None. On motion of Mr. Gecker, seconded by Mr. Holland, the Board removed the following items from the consent agenda for Board comment: Item 8.B.2., .Award of Paving Contracts for the Matoaca and Dutch Gap Fire and Emergency Medical Services Stations; Item 8.B.3., Approval of Use of Property at 19300 Church Road for the Chesterfield County Schools Technical Center Build-A-House Project; Item 8.B.4.d, Adoption of Resolution Electing an Option for Chesterfield County to Satisfy its Share of a Statewide $50 Million Reduction in State Revenue for Local Governments in FY2009; Item 8.B.5.a., Set Date for Public Hearing to Consider the Creation of a New Regional Workforce Investment Area and Consortium to be Known as the Capital Region Workforce Partnership for the Purpose of Delivering Workforce Services to the Region; Item 8.B.5.b., Set Date for Public Hearing to Consider Amending the Public Facilities Plan; Item 8.B.5.c., Set Date for Public Hearing to Consider Proposed Amendment to County Code Section 19-6 Relating to Civil Penalties for Zoning Violations; and Item 8.B.10., Acceptance of State Grant and Appropriation of Both State and Local Reserve Funds and Award of Construction Contract to Carr Contracting Company for the North Terminal Parking Lot Project at the Chesterfield County Airport. Ayes: Warren, Gecker, Jaeckle, Holland and Durfee. Nays: None. 08-501 07/30/08 8.B.1. REQUESTS FOR MUSIC/ENTERTAINMENT FESTIVAL PERMITS 8.B.l.a. FROM THE CHESTERFIELD COUNTY FAIR ASSOCIATION On motion of Mr. Gecker, seconded by Mr. Warren, the Board approved a request for a music/entertainment festival permit to the Chesterfield County Fair Association for the annual Chesterfield County Fair subject to compliance with staff recommendations. Ayes: Warren, Gecker, Jaeckle, Holland and Durfee. Nays: None. 8.B.l.b. FOR THE CHESTERFIELD COUNTY CHAMBER OF COMMERCE "CELEBRATION OF THE VINE" WINE FESTIVAL On motion of Mr. Gecker, seconded by Mr. Warren, the Board approved a request for a music/entertainment festival .permit from the Chesterfield County Chamber of Commerce "Celebration of the Vine" Wine Festival to be held on April 25, 2009 subject to (1) the Chamber obtaining coverage for itself and the county in the amount of $2 million and (2) the Chamber posting a $1,500 bond for clean up costs. Ayes: Warren, Gecker, Jaeckle, Holland and Durfee. Nays: None. 8.B.4. ADOPTION OF RESOLUTIONS 8.B.4.a. RECOGNIZING MR. JAMES M. FULTZ, JR. UPON HIS INSTALLATION AS PRESIDENT OF THE AUXILIARY TO THE NATIONAL MEDICAL ASSOCIATION, INCORPORATED On motion of Mr. Gecker, seconded by Mr. Warren, the Board adopted the following resolution: WHEREAS, Mr. James M. Fultz, Jr. is a resident of Chesterfield County's Midlothian District; and WHEREAS, Mr. Fultz is affiliated with the Auxiliary to the National Medical Association, Incorporated; and WHEREAS, the Auxiliary to the National Medical Association, Incorporated is a 501(c)3 organization consisting of spouses of members of the National Medical Association, Incorporated; and WHEREAS, the purpose of the ANMA is to operate exclusively for charitable and educational purposes in the areas of consumer health and healthcare issues; and WHEREAS, the organization serves the public in matters of consumer health and health concerns, and plans and executes related national programs; and WHEREAS, the ANMA has student chapters in many of the nation's medical schools; and J J J 08-502 07/30/08 WHEREAS, the ANMA provides scholarship assistance to worthy medical school students, nursing school students and students in allied health; and WHEREAS, the ANMA advocates for equity in health care, works to reduce the health effects of poverty, promotes cultural sensitivity, and serves its constituency, physicians of African American descent; and WHEREAS, Mr. James M. Fultz, Jr. will become the first male president of ANMA in a ceremony to be held in Atlanta, Georgia on July 31, 2008. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors hereby recognizes Mr. James M. Fultz, Jr., congratulates him as he assumes his role as president of the Auxiliary to the National Medical Association, Incorporated, thanks him for his civic-minded service, and extends best wishes for continued success. Ayes: Warren, Gecker, Jaeckle, Holland and Durfee. Nays: None. 8.B.4.b. RECOGNIZING MR. REGINALD R.. WILLIAMS, SHERIFF'S OFFICE, UPON HIS RETIREMENT On motion of Mr. Gecker, seconded by Mr. Warren, the Board adopted the following resolution: WHEREAS, Mr. Reginald R. Williams began working for the Chesterfield County Sheriff's Office on December 18, 1989, serving on midnight shift at the County Jail working with inmates entrusted to the custody of the Sheriff; and WHEREAS, after five and one-half years, Deputy Williams was assigned to Quartermaster at the Jail where he was responsible for inmate property, clothing, and linen; and WHEREAS, Deputy Williams was transferred to the Courts Division on February 2, 2002 where he worked in the courtrooms and at the front magnetometer; and WHEREAS, Deputy Williams was awarded several commendations and letters of appreciation, with the most notable for his actions during a fire inside the Chesterfield County Jail on March 21, 1993; and WHEREAS, Deputy Williams' friendly demeanor and dedication to teamwork has been recognized by his supervisors, coworkers, judges, attorneys, court clerks, and citizens. NOW, THERFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes the contributions of Deputy Reginald R. Williams, expresses appreciation for his dedicated and loyal service to the county and congratulations upon his retirement, as well as best wishes for a long and happy retirement. Ayes: Warren, Gecker, Jaeckle, Holland and Durfee. Nays: None. 08-503 07/30/08 8.B.4.c. RECOGNIZING AUGUST 5, 2008, AS "NATIONAL NIGHT OUT" IN CHESTERFIELD COUNTY On motion of Mr. Gecker, seconded by Mr. Warren, the Board adopted the following resolution: WHEREAS, each year in August, communities across the nation band together to demonstrate their unity in the fight against crime; and WHEREAS, this show of solidarity by law-abiding citizens has been named "National Night Out"; and WHEREAS, the National Night Out event taking place on August 5, 2008 will be the 24th annual event of this type; and WHEREAS, last year's National Night Out campaign involved citizens, law enforcement agencies, civic groups, businesses, neighborhood organizations and local officials from 10,000 communities in 50 states, U.S. territories, Canadian cities and military bases worldwide; and WHEREAS, National Night Out is designed to heighten crime and drug prevention awareness; and WHEREAS, this event also generates support for, and participation in, local anti-crime programs; and WHEREAS, National Night Out strengthens neighborhood spirit and the relationships between police and the communities; and WHEREAS, these events send a message to criminals that the communities are organized and fighting back against crime; and WHEREAS, Chesterfield County has as one of its strategic goals: "To be the safest and most secure community compared to similar jurisdictions"; and WHEREAS, National Night Out is an important component in the effort to achieve that goal. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors hereby recognizes August 5, 2008, as "National Night Out" in Chesterfield County, Virginia; thanks police, neighborhood watch groups and all others who have joined to prevent crime; and urges all residents and businesses in Chesterfield County to turn on their porch lights and other exterior lights and to gather with friends and neighbors on August 5, 2008 to demonstrate their unity in the fight against crime. Ayes: Warren, Gecker, Jaeckle, Holland and Durfee. Nays: None. J J J 08-504 07/30/08 8.B.5. SET DATES FOR PUBLIC HEARINGS 8.B.5.d. TO CONSIDER ADOPTING A RESOLUTION AUTHORIZING THE COUNTY ADMINISTRATOR TO EXECUTE THE DOCUMENTS K~~U1RE17 TV IMPLEMENT CHANGES TO THE ARTICLES OF INCORPORATION OF THE CENTRAL VIRGINIA WASTE MANAGEMENT AUTHORITY On motion of Mr. Gecker, seconded by Mr. Warren, the Board set September 24, 2008, at 6:30 p.m., as a public hearing for the Board to consider adopting a resolution authorizing the County Administrator to execute the documents required to implement changes to the Articles of Incorporation of the Central Virginia Waste Management Authority. Ayes: Warren, Gecker, Jaeckle, Holland and Durfee. Nays: None. 8.B.5.f. TO CONSIDER ACCEPTANCE OF GRANTS FOR REIMBURSEMENT OF THIRTY-FIVE PERCENT OF THE ELIGIBLE PROJECT CV5T5 FOR THE DESIGN AND INSTALLATION OF NUTRIENT REMOVAL TECHNOLOGIES AT THE PROCTORS CREEK AND FALLING CREEK WASTEWATER TREATMENT PLANTS On motion of Mr. Gecker, seconded by Mr. Warren, the Board set August 27, 2008, at 6:30 p.m., as a public hearing for the Board to consider acceptance of grants for reimbursement of thirty-five percent of the eligible project costs for the design and installation of nutrient removal technologies at the Proctors Creek and Falling Creek Wastewater Treatment Plants; authorization for the County Administrator to execute the grant agreements; and naming the Director of Utilities, or his designee, as the Authorized Representative to execute the monthly requests for reimbursement. Ayes: Warren, Gecker, Jaeckle, Holland and Durfee. Nays: None. 8.B.6. APPROVAL OF THE CHESTERFIELD COUNTY POLICE DEPARTMENT TOWING CONTRACT FEE ADDENDUM On motion of Mr. Gecker, seconded by Mr. Warren, the Board approved the towing contract fee addendum approved by the Chesterfield County Police Department Towing Advisory Board. Ayes: Warren, Gecker, Jaeckle, Holland and Durfee. Nays: None. 8.B.7. TRANSFER OF DISTRICT IMPROVEMENT FUNDS 8.B.7.a. FROM THE BERMUDA DISTRICT IMPROVEMENT FUND TO THE PARKS AND RECREATION DEPARTMENT FOR THE DEPARTMENT TO PURCHASE MATERIALS TO ERECT A PRESS BOX AND SCOREBOARD AT ELIZABETH SCOTT ELEMENTARY SCHOOL On motion of Mr. Gecker, seconded by Mr. Warren, the Board transferred $4,200 from the Bermuda District Improvement Fund to the Parks and Recreation Department for the department to 08-505 07/30/08 purchase materials needed to erect a press box and scoreboard at Elizabeth Scott Elementary School. Ayes: Warren, Gecker, Jaeckle, Holland and Durfee. Nays: None. 8.B.7.b. FROM THE MIDLOTHIAN DISTRICT IMPROVEMENT FUND TO THE POLICE AND PARKS AND RECREATION DEPARTMENTS AND TO THE SCHOOL BOARD TO DEFRAY THE COSTS OF THE MIDLOTHIAN VILLAGE DAY FESTIVAL On motion of Mr. Gecker, seconded by Mr. Warren, the Board transferred $4,525 from the Midlothian District Improvement Fund to the Police and Parks and Recreation Departments and to the School Board to rent space and equipment and to provide services for the Midlothian Village Day Festival. Ayes: Warren, Gecker, Jaeckle, Holland and Durfee. Nays: None. 8.B.7.c. FROM THE MATOACA DISTRICT IMPROVEMENT FUND TO THE SCHOOL BOARD TO FUND THE FOSTER GRANDPARENTS PROGRAM AT ETTRICK ELEMENTARY SCHOOL On motion of Mr. Gecker, seconded by Mr. Warren, the Board transferred $2,766 from the Matoaca District Improvement Fund to the School Board to fund the Foster Grandparents Program at Ettrick Elementary School. Ayes: Warren, Gecker, Jaeckle, Holland and Durfee. Nays: None. 8.B.8. ACCEPTANCE OF PARCELS OF LAND 8.B.8.a. ALONG WATKINS CENTRE PARKWAY FROM WATKINS LAND, L.L.C. On motion of Mr. Gecker, seconded by Mr. Warren, the Board accepted the conveyance of parcels of land containing a total of 0.224 acres along Watkins Centre Parkway from Watkins Land L.L.C., and authorized the County Administrator to execute the deed. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Warren,. Gecker, Jaeckle, Holland and Durfee. Nays: None. 8.B.8.b. ALONG ECOFF AVENUE FROM MICHAEL T. COLE On motion of Mr. Gecker, seconded by Mr. Warren, the Board accepted the conveyance of a parcel of land containing 0.058 acres along Ecoff Avenue from Michael T. Cole, and authorized the County Administrator to execute the deed. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Warren, Gecker, Jaeckle, Holland and Durfee. Nays: None. J J J 08-506 07/30/08 8.B.8.c. ALONG IRON BRIDGE ROAD FROM COURTS OF PRAISE PENTECOSTAL HOLINESS CHURCH On motion of Mr. Gecker, seconded by Mr. Warren, the Board accepted the conveyance of a parcel of land containing 0.018 acres along Iron Bridge Road from Courts of Praise Pentecostal Holiness Church, formerly known as Bellwood Pentecostal Holiness Church, and authorized the County Administrator to execute the deed. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Warren, Gecker, Jaeckle, Holland and Durfee. Nays: None. 8.B.8.d. FOR THE EXTENSION OF NORTH OTTERDALE ROAD FROM GRAY LAND AND DEVELOPMENT COMPANY, LLC On motion of Mr. Gecker, seconded accepted the conveyance of a parce: acres for the extension of North Land and Development Company, LLC, Administrator to execute the deed. the plats are filed with the papers by Mr. Warren, the Board L of land containing 4.153 Otterdale Road from Gray and authorized the County (It is noted copies of of this Board. ) Ayes: Warren, Gecker, Jaeckle, Holland and Durfee. Nays: None. 8.B.8.e. ALONG EAST HUNDRED ROAD AND INGE ROAD FROM HAYNES INVESTMENTS, LLC On motion of Mr. Gecker, seconded by Mr. Warren, the Board accepted the conveyance of a parcel of land containing 0.03 acres along East Hundred Road and Inge Road from Haynes Investments, LLC, and authorized the County Administrator to execute the deed. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Warren, Gecker, Jaeckle, Holland and Durfee. Nays: None. 8.B.8.f. ALONG HICKS ROAD FROM KIDD AND COMPANY, INCORPORATED On motion of Mr. Gecker, seconded by Mr. Warren, the Board accepted the conveyance of a parcel of land containing 0.041 acres along Hicks Road from Kidd and Company, Inc., and authorized the County Administrator to execute the deed. (It is noted a copy of the plat is filed with the papers of this Board . ) Ayes: Warren, Gecker, Jaeckle, Holland and Durfee. Nays: None. 8.B.8.g. ALONG RIDGEDALE PARKWAY FROM PHOENIX UNION, L.L.C. On motion of Mr. Gecker, seconded by Mr. Warren, the Board accepted the conveyance of a parcel of land containing 0.24 08-507 07/30/08 acres along Ridgedale Parkway from Phoenix Union, L.L.C., and authorized the County Administrator to execute the deed. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Warren, Gecker, Jaeckle, Holland and Durfee. Nays: None. 8.B.8.h. ALONG WEST HUNDRED ROAD FROM RIVERS BEND MEDICAL OFFICE III, LLC On motion of Mr. Gecker, seconded by Mr. Warren, the Board accepted the conveyance of three parcels of land containing a total of 0.158 acres along West Hundred Road from Rivers Bend Medical Office III, LLC, and authorized the County Administrator to execute the deed. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Warren, Gecker, Jaeckle, Holland and Durfee. Nays: None. 8.B.8.i. ALONG IRON BRIDGE ROAD FROM THE BERMUDA TRIANGLE PROPERTY, L.P. On motion of Mr. Gecker, seconded by Mr. Warren, the Board accepted the conveyance of a parcel of land containing 0.095 acres along Iron Bridge Road from The Bermuda Triangle Property, L.P., and authorized the County Administrator to execute the deed. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Warren, Gecker, Jaeckle, Holland and Durfee. Nays: None. 8.B.8.j. AVENUE FROM TOMAC CORPORATION ALONG THE NORTHEAST RIGHT OF WAY LINE OF WYLDEROSE On motion of Mr. Gecker, seconded by Mr. Warren, the Board accepted the conveyance of a parcel of land containing 0.072 acres along the northeast right of way line of Wylderose Avenue from Tomac Corp., and authorized the County Administrator to execute the deed. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Warren, Gecker, Jaeckle, Holland and Durfee. Nays: None. 8.B.9. APPROVAL OF UTILITY CONTRACT FOR RACHELS WAY SUBDIVISION On motion of Mr. Gecker, seconded by Mr. Warren, the Board approved the following utility contract for Rachels Way Subdivision, Contract Number 04-0423, and authorized the County Administrator to execute any necessary documents: Developer: Silver Spring Development, LLC Contractor: Piedmont Construction Company, Inc. Contract Amount: J J J 08-508 07/30/08 Estimated County Cost for Off-Site $12,870.15 Estimated Developer Cost $180,729.85 Estimated Total $193,600.00 Code: (Refunds thru Connections - Off-Site) 5N-572V0-E4D District: Bermuda (It is noted a copy of the vicinity sketch is filed with the papers of this Board.) Ayes: Warren, Gecker, Jaeckle, Holland and Durfee. Nays: None. 8.B.11. REQUESTS FOR PERMISSION 8.B.ll.a. FROM JULIANA A. ADESIDA TO INSTALL A PRIVATE SEWER SERVICE WITHIN A PRIVATE EASEMENT TO SERVE PROPERTY ON HAMLIN DRIVE. On motion of Mr. Gecker, seconded by Mr. Warren, the Board approved a request from Juliana A. Adesida for permission to install a private sewer service within a private easement to serve property at 10618 Hamlin Drive and authorized the County Administrator to execute the sewer connection agreement. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Warren, Gecker, Jaeckle, Holland and Durfee. Nays: None. 8.B.ll.b. FROM RONALD A. KING FOR A PRIVACY FENCE TO ENCROACH WITHIN AN EIGHT-FOOT EASEMENT ACROSS LOT 17, BRIARCLIFF, SECTION 5 On motion of Mr. Gecker, seconded by Mr. Warren, the Board approved a request from Ronald A. King for permission for a privacy fence to encroach within an 8-foot easement across Lot 17, Briarcliff, Section 5, 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, Gecker, Jaeckle, Holland and Durfee. Nays: None. 8.B.ll.c. FROM FARON S. AND JULIA B. MILLER FOR A PROPOSED FENCE TO ENCROACH WITHIN A SIXTEEN-FOOT EASEMENT AND A THIRTY-FOOT DRAINAGE AND SEWER EASEMENT ACROSS LOT 43, STEWART VILLAGE, SECTION A AT CHARTER COLONY On motion of Mr. Gecker, seconded by Mr. Warren, the Board approved a request from Faron S. Miller and Julia B. Miller for permission for a proposed fence to encroach within a 16- foot easement and a 30-foot drainage and sewer easement across Lot 43, Stewart Village, Section A at Charter Colony, 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, Gecker, Jaeckle, Holland and Durfee. Nays: None. 08-509 07/30/08 8.B.ll.d. FROM JENNIFER R. ROBISON FOR A CHAIN LINK FENCE TO ENCROACH WITHIN A SIXTEEN-FOOT EASEMENT ACROSS LOT 20, BLOCK F, POCONO, SECTION D On motion of Mr. Gecker, seconded by Mr. Warren, the Board approved a request from Jennifer R. Robison for permission for a chain link fence to encroach within a 16-foot easement across Lot 20, Block F, Pocono, Section D, 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, Gecker, Jaeckle, Holland and Durfee. Nays: None. 8.B.li.e. FROM JAMIE S. AND KIMBERLY S. STROUD FOR A PROPOSED PICKET FENCE TO ENCROACH WITHIN AN EIGHT-FOOT EASEMENT AND A SIXTEEN-FOOT EASEMENT ACROSS LOT 1, HARTLEY VILLAGE AT CHARTER COLONY On motion of Mr. Gecker, seconded by Mr. Warren, the Board approved a request from Jamie S. Stroud and Kimberly S. Stroud for permission for a proposed picket fence to encroach within an 8-foot easement and a 16-foot easement across Lot 1, Hartley Village at Charter Colony, 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, Gecker, Jaeckle, Holland and Durfee. Nays: None. 8.B.ll.f. FROM HILBERT F. AND LINDA G. HOPPE FOR AN EXISTING WOODEN WHEELCHAIR RAMP AND ASPHALT DRIVEWAY TO ENCROACH WITHIN A TWENTY-FOOT EASEMENT ACROSS LOT 11, BLOCK B, BUCKINGHAM, SECTION 1 On motion of Mr. Gecker, seconded by Mr. Warren, the Board approved a request from Hilbert F. Hoppe and Linda G. Hoppe for permission for an existing wooden wheelchair ramp and asphalt driveway to encroach within a 20-foot easement across lot 11, Block B, Buckingham, Section 1, 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, Gecker, Jaeckle, Holland and Durfee. Nays: None. B.B.ll.g. FROM ROSE MARY C. MAIN FOR A FENCE, GRAVEL DRIVEWAY AND BUS STOP SHELTER TO ENCROACH WITHIN AN UNIMPROVED COUNTY RIGHT OF WAY KNOWN AS CEDAR SPRINGS ROAD On motion of Mr. Gecker, seconded by Mr. Warren, the Board approved a request from Rose Mary C. Main for permission for a fence, gravel driveway and bus stop shelter to encroach within an unimproved county right of way known as Cedar Springs Road, 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, Gecker, Jaeckle, Holland and Durfee. Nays: None. J J J 08-510 07/30/08 8.B.12. APPROVAL OF CHANGE ORDERS 8.B.12.a. FOR THE ROUTE 1 AND 301-PHASE IV WATERLINE REPLACEMENT PROJECT On motion of Mr. Gecker, seconded by Mr. Warren, the Board approved Change Order #4 (final) for County Project 96-0175R, Route 1 & 301-Phase IV, Waterline Replacement in the amount of $71,396.56 and authorized the County Administrator to execute the necessary documents. Ayes: Warren, Gecker, Jaeckle, Holland and Durfee. Nays: None. 8.B.12.b. TO THE CONTRACT WITH ACA ARCHITECTS FOR THE DESIGN OF HARROWGATE ROAD FIRE STATION NUMBER 21 On motion of Mr. Gecker, seconded by Mr. Warren, the Board authorized the County Administrator to execute a change order to the contract with ACA Architects, to design the Harrowgate Road Fire Station Number 21 following the Leadership in Energy and Environmental Design (LEED) guidelines, including energy modeling, in the amount of $59,200. Ayes: Warren, Gecker, Jaeckle, Holland and Durfee. Nays: None. 8.B.13. AWARD OF CONSTRUCTION CONTRACT FOR THE ADDISON-EVANS WATER TREATMENT CHEMICAL FEED IMPROVEMENTS AND MODIFICATIONS PROJECT On motion of Mr. Gecker, seconded by Mr. Warren, the Board approved the construction contract with Shaw Construction Corporation in the amount of $849,708.00, authorized a transfer of $180,00 from the Fluoride Phosphate Storage Project to this project, and authorized the County Administrator to execute the necessary documents. Ayes: Warren, Gecker, Jaeckle, Holland and Durfee. Nays: None. 8.B.14. REQUESTS TO QUITCLAIM 8.B.14.a. VARIABLE WIDTH VIRGINIA DEPARTMENT OF TRANSPORTATION SIGHT DISTANCE EASEMENTS AND VARIABLE WIDTH WATER EASEMENTS ACROSS THE PROPERTY OF COMMONWEALTH CENTRE STORAGE, LLC On motion of Mr. Gecker, seconded by Mr. Warren, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute a quitclaim deed to vacate variable width VDOT sign distance easements and variable width water easements across the property of Commonwealth Centre Storage, LLC. (It is noted copies of the plats are filed with the papers of this Board.) Ayes: Warren, Gecker, Jaeckle, Holland and Durfee. Nays: None. 08-511 07/30/08 8.B.14.b. A SIXTEEN-FOOT VIRGINIA DEPARTMENT OF TRANSPORTATION DRAINAGE EASEMENT ACROSS THE PROPERTY OF ELMCREST DEVELOPMENT, L.C. On motion of Mr. Gecker, seconded by Mr. Warren, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute a quitclaim deed to vacate a 16-foot VDOT drainage easement across the property of Elmcrest Development, L.C. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Warren, Gecker, Jaeckle, Holland and Durfee. Nays: None. 8.8.16. APPROVAL OF THE PURCHASE OF LAND FOR THE TIMSBURY PUMP STATION EXPANSION PROJECT FROM LOUIS L. AND BETTY C. PEARSON On motion of Mr. Gecker, seconded by Mr. Warren, the Board approved the purchase of 1.399 acres of land for the Timsbury Pump Station Expansion Project and authorized the County Administrator to execute the sales contract and deed. Ayes: Warren, Gecker, Jaeckle, Holland and Durfee. Nays: None. 8.8.18. APPROVAL OF A CHANGE IN THE TERMS OF THE NOTE BETWEEN THE ECONOMIC DEVELOPMENT AUTHORITY AND WACHOVIA BANK WHICH WILL ALLOW FOR THE PURCHASE OF THE GROUND LEASE AT CLOVERLEAF MALL On motion of Mr. Gecker, seconded by Mr. Warren, the Board approved a change in the terms of the note between the Economic Development Authority and Wachovia Bank to allow for the purchase of the ground lease interest at Cloverleaf Mall. Ayes: Warren, Gecker, Jaeckle, Holland and Durfee. Nays: None. 8.8.19. AUTHORIZE THE COUNTY ADMINISTRATOR TO EXECUTE A CONSTRUCTION CONTRACT FOR DANIEL PARK SEWER LINE AND WET PUMP STATION On motion of Mr. Gecker, seconded by Mr. Warren, the Board authorized the County Administrator to execute a construction contract with Lyttle Utilities, Inc. for the Daniel Park Sewer Line and Wet Pump Station in the amount of $114,700.00. Ayes: Warren, Gecker, Jaeckle, Holland and Durfee. Nays: None. The following items were removed from the consent agenda for public comment: J J J 08-512 07/30/08 8.B.5. SET DATE FOR PUBLIC HEARING 8.B.5.e. TO CONSIDER A PROPOSED AMENDMENT TO THE INTRODUCTION TO THE PLAN FOR CHESTERFIELD RELATIVE TO LEVELS OF SERVICE FOR SCHOOLS COUNTYWIDE Ms. Brenda Stewart requested the Board not set a public hearing on the proposed amendment due to the lack of community meetings countywide. No one else came forward to address this item. Ms. Durfee thanked Ms. Stewart for having. written comments prepared for the Board. She expressed concerns relative to the lack of countywide community meetings and stated the meetings are needed prior to a public hearing on this item. Mr. Gecker stated the proposal contains deficiencies in regards to the functional capacity versus design capacity. He further stated the School Board will be involved in the countywide visioning process the Board has begun. He stated a dialogue needs to be in place with the citizens regarding what level of service standards they would like to have in the schools and also the size of the schools in the community. He further stated the Board is premature going forward with this proposal, knowing the countywide vision will be worked on in the future. Ms. Durfee inquired whether the Board could have this proposal studied by the Planning Commission to allow them to have the dialogue with the community. Mr. Gecker stated the schools level of service standards should be kept at the Board level to prevent duplication of resources. Ms. Durfee stated if this item is sent to the Planning Commission then the Commissioners would have the opportunity to have community input which would be available while going through the comprehensive plan. Mr. Gecker stated work on the Comprehensive Plan should begin around January 2009, which would be the same time this item would come back to the Board, and it could be directed then to the Planning Commission. In response to Ms. Jaeckle's question, Mr. Gecker stated the level of service standards for Schools is still incorporated within the Upper Swift Creek Plan. In response to Mr. Gecker's question, Mr. Turner stated dialogue is under way with the school system. Ms. Durfee stated community meetings were held in the Upper Swift Creek area on the level of service for schools, and this recommendation is separate from those. In response to Ms. Jaeckle's question, Mr. Gecker stated the effects of the level of service standards in the Upper Swift Creek Plan will not be seen immediately in the school system. He further stated it will not have a short-term effect on school overcrowding and the Board will have completed the 08-513 07/30/08 Comprehensive Plan process before any impacts are seen in the Upper Swift Creek area. Mr. Holland stated community involvement is important in the process of building new schools, and the level of service standards would be best handled in the Comprehensive. Plan process. On motion of Mr. deferred setting the Introduction levels of service for schools countywide to January 14, 2009. Ayes: Warren, Gecker, Jaeckle, Holland and Durfee. Nays: None. 8.B.15. DESIGNATION OF A VIRGINIA DEPARTMENT OF TRANSPORTATION SIGHT DISTANCE EASEMENT ALONG GENITO ROAD Ms. Andrea Epps expressed concerns relative to the safety of the intersection of Charter Colony Parkway and Old Hundred Road. She stated her inquiries about whether the open space requirements in Waterford have been met have not been answered. She requested the Board defer this request for 30 days to allow time to receive an answer from staff. In response to Mr. Warren's question, Ms. Epps stated the Brandermill Community Association Board of Directors has not had an opportunity to review this request. In response to Mr. Warren's question, Mr. Turner stated the Planning Commission considered an amendment about two years ago and the vote was unanimous. Mr. Harmon stated the request has been reviewed and approved by staff . Mr. Aaron Breed, representing Balzer and Associates, stated this item was before the Planning Commission on April 17, 2007. In response to Mr. Warren's question, Mr. Breed stated he was unaware if the Brandermill Community Association reviewed the project when it was previously before the Planning Commission. He further stated he would not object to a deferral to allow the Brandermill Community Association time to review the request. On motion of Mr. Warren, seconded by Mr. Holland, the Board deferred the designation of a Virginia Department of Transportation sight distance easement along Genito Road until September 24, 2008. Ayes: Warren, Gecker, Jaeckle, Holland and Durfee. Nays: None. Gecker, a public to the seconded by Mr. Warren, the Board hearing for a proposed amendment to Plan for Chesterfield relative to J J J 08-514 07/30/08 8.B.17. REQUEST FOR A PERMIT FOR WOODLAKE COMMUNITY ASSOCIATION TO STAGE A FIREWORKS DISPLAY AT THE WOODLAKE PAVILION/AMPHITHEATER Mr. Bill Woodfin stated fireworks used during fireworks displays may contain toxic ingredients which would fall into the Swift Creek Reservoir. He further stated the Board should not grant approval for this item until more research can be performed. Mr. Michael Brandon spoke in opposition to the request for a fireworks permit. Mr, Bill Johns encouraged the Board to take a look at how the fireworks impact water quality of the reservoir. In response to Ms. Durfee's question, Mr. Robbie Dawson stated there have not been any complaints received by the. Fire Department in regards to the fireworks display. He further stated in his research he was able to find evidence of a slight increase of phosphorus, over a 10-year span in a smaller body of water at Epcot Center in Florida. In response to Ms. Durfee's question, Mr. Covington stated there has been no change in the quality of raw water removed from the Swift Creek Reservoir following fireworks displays. He further stated changes may be noticed if the fireworks displays were staged once a month. In response to Ms. Durfee's question, Mr. Dawson stated according to Dominion Fireworks, the products in the raw fireworks do get consumed. On motion of Ms. Durfee, seconded by Mr. Warren, the Board approved a request for a permit for Woodlake Community Association to stage a fireworks display at the Woodlake Pavilion/Amphitheater on August 30, 2008, with a rain date of September 1, 2008. Ayes: Warren, Gecker, Jaeckle, Holland and Durfee. Nays: None. Mr. Gecker stated it seemed the Board was presented with a lack of information. The following items were removed from the Consent Agenda for Board discussion: 8.B.2. AWARD OF PAVING CONTRACTS FOR THE MATOACA AND DUTCH GAP FIRE AND EMERGENCY MEDICAL SERVICES STATIONS In response to Mr. Gecker's question, Mr. Carmody stated the amount in the agenda item represents a large amount of the funds in the capital reserve. In response to Mr. Gecker's question, Chief Mauger stated there will be additional items that come before the Board. He further stated the Fire Department had studied what would be the most cost effective way to correct the problem with the parking lots at the stations and have found it is best to 08-515 07/30/08 replace the parking lot then to simply patch the problem areas. Ms. Durfee expressed appreciation to Chief Mauger for the Fire Department studying the most cost effective way to correct the issues with the parking lots. On motion of Mr. Decker, seconded by Mr. Warren, the Board approved a contract to Llewlyn and Sheffield in the amount of $26,619.00 for maintenance and repairs at the Matoaca Fire and EMS station and to Enviroscape in the amount of $176,600.00 for maintenance and repairs at the Dutch Gap Fire and EMS station. Ayes: Warren, Decker, Jaeckle, Holland and Durfee. Nays: None. 8.B.3. APPROVAL OF USE OF PROPERTY AT 19300 CHURCH ROAD FOR THE CHESTERFIELD COUNTY SCHOOLS TECHNICAL CENTER BUILD-A-HOUSE PROJECT In response to Ms. Jaeckle's question, Mr. Braunstein stated Chesterfield Alternatives is a private non-profit organization funded by grants, some of which are Section 8 Housing Grants, rent from consumers and from the Community Services Board for use of their facilities. In response to Mr. Decker's question, Mr. Braunstein explained funding for Chesterfield Alternatives comes from Medicaid, federal and state funding, and rent paid by consumers, of which some receive disability. He stated the county does lease space from Chesterfield Alternatives. In response to Ms. Jaeckle's question, Mr. Braunstein stated staff in the homes are Chesterfield County employees funded by Medicaid. On motion of Mr. Holland, seconded by Ms. Durfee, the Board approved the use of county property located at 19300 Church Road, for the Chesterfield Technical Center Build-A-House project. Ayes: Warren, Decker, Jaeckle, Holland and Durfee. Nays: None. 8.B.4.d. ELECTING AN OPTION FOR CHESTERFIELD COUNTY TO SATISFY ITS SHARE OF A STATEWIDE $50 MILLION REDUCTION IN STATE REVENUE FOR LOCAL GOVERNMENTS IN FY2009 Mr. Decker stated the Board was not given information as to what programs in the county would be affected by choosing the option to shift the obligation back to the county. He further stated the county should keep state obligations with the state. In response to Ms. Jaeckle's and Mr. Decker's questions, Mr. Stegmaier stated localities were not directed by the General Assembly which state-funded programs to reduce funding for to assist with satisfying the county's share of a statewide J J J 08-516 07/30/08 reduction in state revenue. He further stated this could give the General Assembly a signal that state-aid to certain programs was not needed and take the chance for them not to send the aid next year to those programs. In response to Mr. Gecker's question, Mr. Stegmaier stated the Board does have the option to not cut any of the programs and the state will pro-rate cuts across the board to all of the programs. Mr. Gecker requested a list of which programs would be affected by these cuts . He stated he would like to talk to the delegation regarding these cuts and their ability to handle this legislatively next year. Ms. Jaeckle stated the choice selected was the wrong one. She further stated the county needs to ensure it is paying for priority programs. Ms. Durfee stated the revenue reduction could be permanent unless the General Assembly reverses it. She further stated the delegation should be followed up with a letter. On motion of Mr. Gecker, seconded by Ms. Durfee, the Board deferred decision on adopting a resolution electing an option for Chesterfield County to satisfy its share of a statewide $50 million reduction in state revenue for local governments in FY2009. Ayes: Warren, Gecker, Jaeckle, Holland and Durfee. Nays: None. 8.B.5. SET DATES FOR PUBLIC HEARINGS 8.B.5.a. TO CONSIDER THE CREATION OF A NEW REGIONAL WORKFORCE INVESTMENT AREA AND CONSORTIUM TO BE KNOWN AS THE CAPITAL REGION WORKFORCE PARTNERSHIP FOR THE PURPOSE OF DELIVERING WORKFORCE SERVICES TO THE REGION Ms. Jaeckle stated she would like to see the performance outcomes on the consortium. In response to Ms. Jaeckle's question, Ms. Dickson stated the Policy Board representatives are designated by the Board of Supervisors. She further stated currently she is the designee for Chesterfield County for the Workforce Policy Board and a representative from Economic Development is the designee for the Workforce Investment Board. She stated she would get the outcome information to the Board. In response to Mr. Gecker's question, Ms. Dickson stated the weighted voting method has been in place for the Policy Board, but has not been activated due to votes and decisions not necessitating it. She provided an explanation of how the weighted voting methodology was derived. She stated currently the governing bodies of the localities involved have not raised any concerns relative to the consolidation or weighted voting. Ms. Jaeckle stated the straight population voting methodology makes more sense. 08-517 07/30/08 Ms. Dickson stated after lengthy conversations, the localities working on the consolidation agreed to this approach which included components other than just the straight population voting methodology. She further stated the pro-rata votes are not affected by this method of voting. The pro-rata is the same now versus prior to the consolidation. Mr. Holland stated the weighted voting methodology merits consideration going forward with this item. On motion of Ms. Jaeckle, seconded by Mr. Gecker, the Board set August 27, 2008, at 6:30 p.m., for the Board to consider the creation of a new Regional Workforce Investment Area and Consortium to be known as the Capital Region Workforce Partnership for the purpose of delivering workforce services to the region. Ayes: warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 8.B.5.b. TO CONSIDER AMENDING THE PUBLIC FACILITIES PLAN In response to Ms. Jaeckle's question, Mr. Steven Haasch stated staff wants to review the Plan on a consistent basis and keep it current with county demographics and population factors. In response to Mr. Gecker's questions, Mr. Haasch stated staff is looking at this amendment as an interim measure to bridge the gap between the Comprehensive Plan update and because the current Public Facilities Plan is becoming out of date. He further stated the Plan could be reviewed again along with the Comprehensive Plan. He provided an overview of the anticipated timeframe for the Plan updates. He stated there have not been any community meetings held for the Public Facilities Plan, except for at the Planning Commission and Board of Supervisors levels. Ms. Jaeckle expressed concerns relative to amending the Public Facilities Plan before the countywide Comprehensive Plan is done. Mr. Haasch stated the individual departments' recommendations were used to craft the amended Public Facilities Plan and to be used as an interim measure. In response to Mr. Warren's question, Mr. Stegmaier stated the county is looking at two to four years before the next bond referendum. In response to Ms. Durfee's question, Mr. Turner stated staff would like to be before the Board in three years with a comprehensive Public Facilities Plan that would reflect the vision of the community that is identified during the Comprehensive Plan update. He further stated this will serve as an interim measure for staff. In response to Ms. Jaeckle's question, Mr. Turner stated the Board could defer this item, but staff is trying to update J J J 08-518 07/30/08 this document for their own use in making public facility recommendations. Mr. Holland stated he preferred not to delay the Public Facilities Plan. Mr. Haasch stated the Site Selection Committee has multiple sites being reviewed for public facilities based on the draft Plan and awaiting adoption of the proposed Plan. In response to Mr. Warren's question, Mr. Haasch stated delaying adoption of the Public Facilities Plan could make it difficult for some site acquisitions for public facilities. In response to Ms. Durfee's questions, Mr. Haasch stated the draft Plan is a substantial departure from how the 2004 Public Facilities Plan was derived since the individual departments made their own recommendations and it was reviewed by the County Administration. He further stated the Planning Commission unanimously approved adoption of the proposed Public Facilities Plan. Mr. Gecker made a motion, seconded by Ms. Jaeckle, for the Board to defer setting a public hearing to consider amending the Public Facilities Plan to January 14, 2009. Ms. Jaeckle stated she agreed with the deferral because the goal is to achieve a countywide vision for the county, and she does not feel six months will hinder that. In response to Ms. Durfee's question, Mr. Turner stated staff has work in preparation on the Public Facilities Plan to get the recommendation ready for the Board. Ms. Durfee expressed concerns relative to the county departments using this project to set their budgets and holding them up in their process. Mr. Holland stated it is important to realize the Comprehensive Plan is not going to happen overnight and time is of the essence. Ms. Jaeckle stated by adopting the Public Facilities Plan, the Board is agreeing to a 10 to 20 percent increase in square footage per person for libraries and parks, which costs money, and she feels the Board needs to review that information. She further stated she is not prepared to support that kind of increase. In response to Mr. warren's question, Mr. Stegmaier stated if a project comes up in the course of the CIP that would be influenced by the changes in the Public Facilities Plan, they would be brought back before the Board, if the Plan is deferred. Mr. Warren then called for a vote on Mr. Gecker's motion, seconded by Ms. Jaeckle, for the Board to defer setting a public hearing to consider amending the Public Facilities Plan to January 14, 2009. Ayes: Gecker, Jaeckle, and Warren. Nays: None. Abstain: Holland and Durfee. 08-519 07/30/08 8.B.5.c. TO CONSIDER PROPOSED AMENDMENT TO COUNTY CODE SECTION 19-6 RELATING TO CIVIL PENALTIES FOR ZONING VIOLATIONS In response to Mr. Gecker's question, Mr. Micas stated staff is requesting the Board to consider doing away with the civil penalty side of zoning enforcement and rely totally on criminal penalty. Mr. Gecker stated the Board has asked the County Administrator to work on a Neighborhood Preservation Plan, which will include proactive zoning enforcement. He further stated he felt it was premature to criminalize all zoning violations when part of the Neighborhood Preservation Plan will be enhanced zoning enforcement. He stated he would like to have the Board discuss with the judges the importance of appropriate enforcement of zoning ordinances. On motion of Mr. Gecker, seconded by Ms. Jaeckle, the Board took no action on the proposed amendment to County Code Section 19-6 relating to civil penalties for zoning ordinance violations until the Neighborhood Preservation Plan has been considered. Ayes: Warren, Gecker, Jaeckle, Holland and Durfee. Nays: None. 8.B.10. ACCEPTANCE OF STATE GRANT AND APPROPRIATION OF BOTH STATE AND LOCAL RESERVE FUNDS AND AWARD OF CONSTRUCTION CONTRACT TO CARR CONTRACTING COMPANY FOR THE NORTH TERMINAL PARKING LOT PROJECT AT THE CHESTERFIELD COUNTY AIRPORT In response to Mr. Gecker's question, Mr. Charlie Dane stated the Airport Advisory Board is in the process of undertaking a Master Plan update for the airport. On motion of Mr. Gecker, seconded by Ms. Durfee, the Board authorized the County Administrator to accept $565,769 in state grant funds, transferred the local match of $181,573 from Industrial Park reserves, appropriated funding and awarded a contract in the amount of $648,250 to Carr Contracting Company for a project to construct the North Terminal Parking Lot, and authorized the County Administrator to execute all documents. Ayes: Warren, Gecker, Jaeckle, Holland and Durfee. Nays: None. 9. REPORTS 9.A. REPORT ON DEVELOPER WATER AND SEWER CONTRACTS 9.B. REPORT ON STATUS OF GENERAL FUND BALANCE, RESERVE FOR FUTURE CAPITAL PROJECTS, DISTRICT IMPROVEMENT FUNDS AND LEASE PURCHASES 9.C. REPORT ON ROADS ACCEPTED INTO THE STATE SECONDARY SYSTEM On motion of Mr. Warren, seconded by Ms. Durfee, the Board accepted the following reports: A Report on Developer and Sewer Contracts; and a Report on Status of General Fund Balance, Reserve for Future Capital Projects, District Improvement Funds and Lease Purchases. And, further, the J J J 08-520 07/30/08 following roads were accepted into the State Secondary System: ~. nr~riTmTnrT LENGTH RIVERS TRACE G (Effective 06/10/2008) Corte Castle Road (Route 4757 - From 0.03 mile west of Corte Castle Place (Route 5563) to Haggis Drive (Route 7287) 0.09 Mi. Corte Castle Road (Route 4757) - From Haggis Drive (Route 7287) to temporary end of maintenance 0.01 Mi. Haggis Drive (Route 7287) - From 0.20 mile south of Millay Drive (Route 7286) to St. Audries Drive (Route 5899) 0.17 Mi. Haggis Drive (Route 7287) - From Corte Castle Road (Route 4957) to Millay Drive (Route 7286) 0.10 Mi. Haggis Drive (Route 7287) - From Millay Drive (Route 7286) to 0.20 mile south of Millay Drive (Route 7286) 0.20 Mi. Millay Drive (Route 7286) - From Haggis Drive (Route 7287) to temporary end of maintenance 0.02 Mi. St. Audries Drive (Route 5899) - From Haggis Drive (Route 7287) to temporary end of maintenance 0.02 Mi. St. Audries Drive (Route 5899) - From Haggis Drive (Route 7287) to 0.20 mile west of Pypers Pointe Drive (Route 4756) 0.24 Mi. SUMMERLAKE 5 (Effective 06/10/2008) Jennway Terrace (Route 7082) - From 0.01 mile north of Jennway Loop (Route 7080) to cul-de-sac 0.09 Mi. Lake Summer Mews (Route 7085) - From 0.01 mile south of Lake Summer Drive (Route 5637) to cul-de-sac 0.09 Mi. Nevil Bend Circle (Route 7279) - From Nevil Bend Lane (Route 7086) to Nevil Bend Lane (Route 7086) 0.04 Mi. Nevil Bend Court (Route 7280) - From Nevil Bend Turn (Route 7087) to cul-de-sac 0.06 Mi. Nevil Bend Lane (Route 7086) - From Nevil Bend Circle (Route 7279) to Nevil Bend Circle (Route 7279) 0.02 Mi. Nevil Bend Lane (Route 7087) - From Nevil Bend Circle (Route 7279) to cul-de-sac 0.02 Mi. 08-521 07/30/08 Nevil Bend Lane (Route 7087) - From 0.01 mile north of Lake Summer Drive (Route 5637) to Nevil Bend Circle (Route 7279) 0.02 Mi. Nevil Bend Turn (Route 7086) - From 0.01 mile north of Lake Summer Drive (Route 5637) to Nevil Bend Court (Route 7280) 0.02 Mi. Nevil Bend Turn (Route 7086) - From Nevil Bend Court (Route 7280) to cul-de-sac 0.03 Mi. Ayes: Warren, Gecker, Jaeckle, Holland and Durfee. Nays: None. 10. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED MATTERS Mr. .Victor Mottley addressed the Board relative to the traffic at the Courthouse Road/Hull Street Road intersection and the Treasurer's office using a Richmond mailing address, for personal property tax payments. Mr. Warren requested the County Administrator to address Mr. Mottley's concerns. Ms. Brenda~Stewart addressed the Board relative to the need for revisions to the county's sign ordinance. Mr. Robert Owens addressed the Board relative to the need for revision to the Chester Plan due to the Branner Station zoning case approval. 11. CLOSED SESSION PURSUANT TO SECTION 2.2-3711(A)(1), CODE OF VIRGINIA, 1950, AS AMENDED, RELATING TO THE PERFORMANCE AND COMPENSATION OF THE COUNTY ADMINISTRATOR PURSUANT TO ~ 2.2-3711(A)(7), CODE OF VIRGINIA, 1950, AS AMENDED, FOR CONSULTATION WITH LEGAL COUNSEL REGARDING MOSELEY, ET. AL. V. CHESTERFIELD COUNTY. On motion of Mr. Gecker, seconded by Mr. Warren, the Board went into Closed Session, pursuant to Section 2.2-3711(A)(1), Code of Virginia, 1950, as amended, relating to the performance and compensation of the County Administrator, and pursuant to Section 2.2-3711(A)(7), Code of Virginia, 1950, as amended for consultation with legal counsel regarding Moseley, et. al. v. Chesterfield County. Ayes: Warren, Gecker, Jaeckle, Holland and Durfee. Nays: None. Reconvening: On motion of Mr. Warren, seconded by Ms. Durfee, 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 J J J 08-522 07/30/08 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: Ms. Jaeckle: Aye. Ms. Durfee: Aye. Mr. Holland: Aye. Mr. Gecker: Aye. Mr. Warren: Aye. On motion of Mr. Warren, seconded by Ms. Durfee, the Board suspended its rules to add Item 11.A., Adoption of Revised Employment Agreement for the County Administrator. Ayes: Warren, Gecker, Jaeckle, Holland and Durfee. Nays: None. 11.A. ADOPTION OF REVISED EMPLOYMENT AGREEMENT FOR THE COUNTY ADMINISTRATOR Mr. Warren stated the Board is extremely pleased with the performance of the County Administrator and the Board now has performance standards in place. On motion of Mr. Warren, seconded by Ms. Durfee, the Board adopted the revised employment agreement for the County Administrator, with an annual salary of $218,460 to include a car allowance, which is a 10 percent pay increase and deferred compensation of $20,500, which is $5,000 more, for a total salary compensation of $239,960. Ayes: Warren, Gecker, Jaeckle, Holland and Durfee. Nays: None. 12. DINNER On motion of Mr. Gecker, seconded by Ms. Durfee, the Board recessed to the Lane B. Ramsey Administration Building, Room 502, for dinner. Ayes: Warren, Gecker, Jaeckle, Holland and Durfee. Nays: None. Reconvening: 08-523 07/30/08 13. INVOCATION Mr. Don Kappel, Director of Public Affairs, gave the invocation. 14. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Assistant County Attorney Mike Kozak led the Pledge of Allegiance to the flag of the United States of America. 15. RESOLUTIONS 15.A. RECOGNIZING GRTC TRANSIT SYSTEM ON ITS SELECTION AS THE NUMBER ONE TRANSIT SYSTEM OF ITS SIZE IN NORTH AMERICA Mr. Don Kappell introduced Mr. John Lewis, Mr. Joe Ward, Mr. Eldridge Coles, Mr. Danny Smith and Mr. David Mathews, employees of GRTC, who were present to receive the resolution. On motion of the Board, the following resolution was adopted: WHEREAS, GRTC Transit System is the primary mass-transit carrier in the Richmond, Virginia region; and WHEREAS, GRTC is a non-profit, public-service corporation that was incorporated on April 12, 1973; and WHEREAS, GRTC has an active fleet of 176 transit vehicles, 52 CARE vans and 18 CYAN vans; and WHEREAS, these vehicles operate on 41 routes, and in total, GRTC Transit System provided more than 15 million passenger trips in 2007; and WHEREAS, two GRTC express routes provide service to residents of Chesterfield County; and WHEREAS, the American Public Transportation Association this year has recognized GRTC Transit System as the best transit system of its size in North America, choosing GRTC over more than 100 similarly sized transit systems across the entire continent; and WHEREAS, this APTA award recognizes outstanding achievement in efficiency and effectiveness over a three-year period, including services and programs, safety, operations, customer service, financial management, attendance and employee costs, advancement of minorities and women, marketing, policy and administration, and community relations; and WHEREAS, this award speaks to the dedication and professionalism of GRTC Transit System's employees; and WHEREAS, such a noteworthy accomplishment reflects positively on the entire Richmond Metropolitan area. J J 08-524 07/30/08 NOW, THEREFORE,. BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 30th day of July 2008, on behalf of the citizens of Chesterfield County, congratulates GRTC Transit System on its achievement in earning the award as the Number One Transit System in North America, and wishes GRTC continued success. ~. AND, BE IT FURTHER RESOLVED that this resolution be presented to GRTC and that this resolution be recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Ayes: Warren, Gecker, Jaeckle, Holland and Durfee. Nays: None. Mr. Warren thanked Mr. Coles, Mr. Smith, Mr. Mathews and Mr. Lewis for their dedication to regional cooperation. Mr. Lewis thanked the Board for the recognition and for the county's continued partnership with GRTC. 16. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED MATTERS Mr. Emanuel Artis addressed the Board regarding alleged injustices taking place in the courts system. Mr. Daniel Bennett addressed the Board relative to the what he believed was an injustice done to him during his arrest and the perjury of law enforcement officials at his trial. Mr. Jeffrey Paige addressed the Board relative to what he feels was the corruption in the prosecuting attorney's office. Pastor Charles Bennett addressed the Board regarding the alleged mistreatment and false arrest of his son during a Halloween party hosted on a friend's property. Mr. George Emerson requested that the Board direct staff to place on staff reports the cost of each project to the citizens of Chesterfield County. 1. APPROVAL OF MINUTES FOR JUNE 25, 2008 Mr. Micas explained the proposed amendments to the minutes of June 25, 2008. Mr. Gecker stated he did not have time to review the proposed amendments to the minutes. In response to Mr. Warren's question, Mr. Micas stated he had worked with the Clerk's office and Planning Department and spent a considerable amount of time working on the minutes. Mr. Holland made a motion, seconded by Mr. Warren, for the Board to approve the minutes of June 25, 2008, as revised. Ms. Jaeckle requested an additional correction to the minutes and expressed concerns about approving the minutes for the Upper Swift Creek Plan. Discussion ensued on the procedures for amending and voting on the minutes. 08-525 07/30/08 Mr. Holland withdrew his motion. On motion of Mr. Warren, seconded by Mr. Gecker, the Board deferred approval of the minutes of June 25, 2008, to August 27, 2008. Ayes: Warren, Gecker, Jaeckle, Holland and Durfee. Nays: None. 17. REQUESTS FOR MANUFACTURED 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 19 07SN0223 (AMENDED) In Matoaca and Midlothian Magisterial Districts, GBS HOLDING, LTD. requests rezoning and amendment of zoning district map from Agricultural (A) and Light Industrial (I-1) to Community Business (C-3) of 211 acres with Conditional Use to permit multifamily and townhouse uses and rezoning from Agricultural (A) and Light Industrial (I-1) to Residential Townhouse (R- TH) of 1,183.9 acres plus Conditional Use Planned Development to permit exceptions to Ordinance requirements on the entire 1,394.9 acre tract. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for regional employment center use, office/residential mixed use and residential use of 2.0 units per acre or less. This request lies on 1,394.9 acres fronting the east and west lines of Old Hundred Road at the Norfolk Southern Railroad; the north line of Old Hundred Road east of Otterdale Road; and the east and west lines of Otterdale Road north of Old Hundred Road. Tax IDs 707-700-7988; 708-702-1722; 709-701- 7328; 710-700-7596; 710-703-3345; 711-699-3470; 711-700-1144; 711-701-5180; 712-699-7663; 713-703-4194; 713-704-3412; 713- 705-5709; 714-703-2188 & 7259; 714-704-1729; 714-705-5728; 716-701-4130; 718-697-4548 & 6844; 718-699-7719; 719-697- 8012; 719-698-2822; 720-695-3288 & 9506; 720-698-0178; 720- 700-0007; 721-695-9061; 722-697-0512; 722-700-4002. Mr. Turner presented a summary of Case 07SN0223 and stated Ms. Durfee requested deferral until September 24, 2008. Mr. Dave Anderson, the applicant, stated GBS Holding LTD was opposed to a further deferral. He further stated when the case was before in the Board in April, GBS Holding LTD accepted the deferral and immediately began communications with each of the Board members and Charter Colony. He stated all of the concerns mentioned by adjacent properties have been addressed. Mr. Warren inquired how many citizens were present to speak to the request and if they were aware of the deferral. Ms. Durfee expressed appreciation to the citizens for attending the meeting. She clarified the history of the zoning case and stated the deferral from April was to look J J J 08-526 07/30/08 into the issues surrounding the case. She stated this type of case is new to Chesterfield County in terms of new urbanism being incorporated into it. She further stated the county has a responsibility to also take the smart growth concept and balance it with other issues that need to be addressed, linking in land use with the public facilities and services. She stated during the 90-day deferral, she has met with the Matoaca School Board representative, the Planning Commissioner, staff and the applicant bringing the issues to light. She further stated she believes all parties involved have reached a point of final negotiations, and she is requesting a short deferral to allow a process of negotiations between the applicant and the county on identified issues. She stated there are some outstanding issues relating to transportation, the environment, and phasing of the development. In response to Ms. Durfee's question, Mr. Turner stated the 60-day deferral would allow staff time to meet with the applicant and prepare a staff report and allow the citizens time to review the changes. Mr. Warren called for public comment on the deferral request. Mr. Michael Brandon addressed the Board relative to slow growth and smart growth. Mr. Mark Tubbs spoke in opposition to the deferral. Mr. Bill Woodfin spoke in opposition to the deferral request, stating the developer will make a great investment in the county and help boost economic development. Mr. Jay Lafler, a county citizen, spoke in opposition to the deferral. He stated deferring the request would cause the county to continue to lose retail business. Mr. Bill Johns, a county citizen, spoke in opposition to the deferral request, stating the Roseland case will bring new business and services needed to the county. Mr. Bob Marcellos, owner of Southpoint General Construction, spoke in opposition to the deferral of Case 07SN0223. He stated this case is a wonderful opportunity for the county. Ms. Norma Szakal spoke in support of the deferral of the request, stating the questions of area residents deserve consideration. Mr. Edward Brewer spoke in opposition to the deferral, stating the developer has accepted numerous deferrals over the years and another one is not needed. Ms. Holly Marshall, representing Charter Colony adjacent property owners, expressed appreciation to Ms. Durfee for attending several meetings on the case and stated there are several issues that have not been addressed by the developer. She spoke in support of the deferral. Mr. Nathaniel blooding spoke in support of the deferral. Ms. Sherri Bernard spoke in support of the deferral request. 08-527 07/30/08 Mr. John Lewis, a county resident, stated this development is the kind of growth needed in this region of the county, and he opposed the deferral. Mr. Greg Blake, a resident of Upper Swift Creek Area, spoke in support of the deferral, citing the fact that the Board has only been in office since January and this would allow more time to work on the case. Mr. Casey Sowers, one of the applicants' representatives, requested the Board not defer this case and give the developer the chance to open discussion and come to some solutions. He further stated every department in the county is in agreement with the case. Mr. Peter Martin spoke in support of the deferral request. Mr. Edward Barrett, a resident of Lundy Terrace, spoke in support of the deferral request. He stated he has yet to receive information requested from the developer. Ms. Andrea Epps stated the Roseland Development is what the county needs. She further stated it is a model for future development in the county. Mr. Jamie Shelton spoke in support of the deferral. He expressed concerns relative to the amount of school-age children that would be generated and the effect the county taxes. Ms. Virginia Justice spoke in opposition to the deferral. She stated she is an adjacent property owner and thinks Roseland would be good neighbors. Mr. Gary Armstrong spoke in opposition to the deferral request. He stated the developer invited citizens to look at the model for the development prior to the request being submitted to the county. Mr. Bryce Wood spoke in opposition to the deferral request. In response to Mr. Warren's question, Mr. Micas summarized the options for the Board in regards to the deferral motion. Ms. Durfee once again expressed appreciation to the citizens for attending the meeting. She stated the developer could do a better job linking public facilities to the phasing of the development. She provided an overview of the history of the case since January 2008 and an explanation for the deferral in April. She stated previous administrations would not look at public facilities in zoning cases and the Board has a responsibility to address the issues of public facilities. She further stated she was requesting additional time to allow the opportunity to narrow the issues and identify solutions. In response to Ms. Durfee's question, Mr. Turner stated staff recommends approval of the zoning request; however, with the concerns raised by the Board in regards to the case, he stated staff could produce a staff report in 30 days, if it is the Board's pleasure; however, 60 days would allow the community additional time to evaluate the proposal. J J J 08-528 07/30/08 In response to Mr. warren's question, Mr. Turner stated the case was added to the deferral agenda before the meeting, but the discussion of deferral has been pending for several days. Ms. Durfee stated while a 60-day deferral is appropriate, she would entertain a 30-day deferral. Ms. Durfee then made a motion, seconded by Mr. Gecker, for the Board to defer Case 07SN0223 to August 27, 2008. Mr. Gecker stated he felt a 60-day deferral is too long given there are only seven issues that have been identified to be resolved. He further stated the Board needs to make a decision with regard to each of those issues. He expressed concerns relative to off-site road improvements which he understands the developer is willing to address. He stated the issues that have been identified include: stormwater management; off-site transportation; Ms. Durfee's proposals of a transportation phasing plan, which would require a new traffic study at each phase and phasing the commercial in with residential; size of school in Roseland; reservation of additional school site; and the Charter Colony concerns. He further stated as the Board makes decision that will affect the county, staff, the public and the Board should be given ample time to look at the requested amendments.. He stated the Board should take the 30-day deferral to address the issues identified. Ms. Jaeckle stated the Board should hear the case because of the number of citizens who attended the meeting and if it was going to be deferred, the citizens should have been notified. She further stated she sympathized with the adjacent residents, who may have concerns. She stated she would rather hear a zoning case and then defer if there are concerns raised. Mr. Holland stated he regretted that the Board has to defer the case. He further stated the county has a responsibility to be exemplary stewards of the public trust, and to continue to defer cases is not best for the county. He stated Roseland is a case that merits consideration. Mr. Warren stated Roseland is a good case, and he would not have supported more than a 30-day deferral. He further stated the case will be good for the county and will link the development in Centerpointe with the Watkins Centre. He stated Mr. Gecker clearly defined the concerns. He requested Ms. Durfee to summarize .the issues for the developer and the Board. Ms. Durfee again expressed appreciation for the citizens attending the meeting. She summarized the issues with the zoning request raised by Mr. Gecker and herself. She further stated Mr. Bass knows the Matoaca District, and in the past some officials have voted to the detriment of the district. Mr. Warren then called for a vote on the motion by Ms. Durfee, seconded by Mr. Gecker, for the Board to defer Case 07SN0223 to August 27, 2008. Ayes: Warren, Gecker, Holland and Durfee. Nays: Jaeckle. 08-529 07/30/08 08SN0222 In Bermuda Magisterial District, GEORGE E. STIGALL requests renewal of Manufactured Home Permit O1SR0152 to park a manufactured home in a Residential (R-7) District. The density of such amendment is approximately 6.25 units per acre. The Comprehensive Plan suggests the property is appropriate for residential use of 2.51 to 4.0 units per acre. This property is known as 10114 Brightwood Avenue. Tax ID 793-666-9401. Mr. Turner presented a summary of Case 08SN0222 and stated Ms. Jaeckle has requested a deferral of the case to August 27, 2008. Mr. George Stigall stated a new manufactured home has been placed on the property and he does not agree with staff's recommendation of only allowing the Manufactured Home Permit for two years. He further stated if the Manufactured Home Permit is granted for only two years, then he should not have to pay the application fee when that time period expires. Ms. Jaeckle stated she is requesting a deferral to allow the applicant time to complete the clean up of the property. In response to Mr. Warren's question, Mr. Stigall stated he does not agree with the 30-day deferral request. Mr. Warren closed the public session. On motion of Ms. Jaeckle, seconded by Mr. Gecker, the Board deferred Case 08SN0222 to August 27, 2008. Ayes: Warren, Gecker, Jaeckle, Holland and Durfee. Nays: None. 08SN0231 In Dale Magisterial District, CELLCO PARTNERSHIP d/b/a VERIZON WIRELESS requests Conditional Use and amendment of zoning district map to permit a communications tower in a Residential (R-7) 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 7.01 dwelling units per acre or more. This request lies on 1.9 acres located within the southwest quadrant of the interchange of Chippenham Parkway and Belmont Road. Tax Map 772-686. Mr. Turner presented a summary of Case 08SN0231 and stated Mr. Holland has requested a deferral of the case to October 22, 2008. Mr. Chuck Rothenburg, the applicant's representative, stated the applicant is willing to meet with Mr. Holland and explain why this site was chosen. He requested the Board defer the case for 30 days. Mr. Holland stated he felt a 90-day deferral was in order. Mr. Warren called for public comment. J J J 08-530 07/30/08 No one came forward to speak to the request. On motion of Mr. Holland, seconded by Ms. Durfee, the Board deferred Case 08SN0231 to October 22, 2008. Ayes: Warren, Gecker, Jaeckle, Holland and Durfee. Nays: None. 08SN0194 In Midlothian Magisterial District, R. SHANE PARR requests amendment to Conditional Use Planned Development (Case 89SN0175) and amendment of zoning district map to delete landscaping requirements. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for general commercial use. The request lies in a Community Business (C-3) District on 16.7 acres fronting approximately 880 feet on the north line of Midlothian Turnpike approximately 1,050 feet east of Robious Road. Tax ID 751- 708-4745. Mr. Turner presented a summary of Case 08SN0194 and stated the Planning Commission and staff recommended approval. Mr. Shane Parr stated the recommendation was acceptable. He expressed appreciation to Mr. Frank Dunbar, of the Planning Department, for assisting him throughout this process. Mr. Warren called for public comment. No one came forward to speak to the request. On motion of Mr. Gecker, seconded by Mr. Holland,. the Board approved Case 08SN0194, subject to the following conditions: 1. Landscaping within the front setback along Midlothian Turnpike shall be supplemented with a decorative fence having a minimum height of forty-two (42) inches with white brick pillars spaced a maximum of twenty-four (24) feet on center and wrought iron or similar black decorative fencing in between. The exact treatment shall be approved by the Planning Department. (P) 2. A landscaping and fencing plan shall be submitted for approval to the Planning Department no later than August 15, 2008. The approved landscaping and fencing shall be installed no later than October 15, 2008. These dates may be amended by the Planning Department with written notification to the owner. (P) Ayes: Warren, Gecker, Jaeckle, Holland and Durfee. Nays: None. 08SN0212 In Matoaca Magisterial District, SWIFT CREEK HOLDINGS, LLC requests rezoning and amendment of zoning district map from Agricultural (A) 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 08-531 07/30/08 controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for residential use of 2.2 units per acre or less. This request lies on 3.0 acres lying approximately 950 feet off the western terminus of Quailwood Road, west of Bailey Bridge Road. Tax ID 732-673-9114. Mr. Turner presented a summary the Planning Commission and subject to the conditions. of Case 08SN0212 and stated staff recommended approval Mr. Jim Theobald, the applicant's representative, stated the recommendation is acceptable. Mr. Warren called for public comment. No one came forward to speak to the request. On motion of Ms. Durfee, seconded by Mr. Warren, the Board approved Case 08SN0212 and accepted the following proffered conditions: The property owner and applicant in this rezoning case, pursuant to Section 15.2-2298 of the Code of Virginia (1950 as amended) and the Zoning Ordinance of Chesterfield County, for itself and its successors or assigns, proffer that the property under consideration will be developed according to the following proffers if, and only if, the rezoning request submitted herewith is granted with only those conditions agreed to by the owner and applicant. In the event this request is denied or approved with conditions. not agreed to by the owner and applicant, the proffers shall immediately be null and void and of no further force or effect. 1. Timbering. Except for the Virginia State Department of removing dead or diseased timbering on the Property permit has been obtained Engineering Department and been installed. (EE) timbering approved by the Forestry for the purpose of trees, there shall be no until a land disturbance from the Environmental the approved devices have 2. Cash Proffer. For each dwelling unit developed, the applicant, subdivider, or assignee(s) shall pay the following to the County of Chesterfield prior to the issuance of a building permit for each dwelling for infrastructure improvements within the service district for the Property: a. $18,080 per dwelling unit if paid prior to July 1, 2009, or b. If paid after June 30, 2009, $18,080 adjusted annually in accordance with the Cash Proffer Policy. Cash proffer payments shall be spent for purposes proffered or as otherwise permitted by law. Should Chesterfield County time during the life of applicable to the Property, proffers shall be in lieu of 08-532 impose impact fees at any the development that are the amount paid in cash or credited toward, but not 07/30/08 J J J in addition to, any impact fees, in a manner as determined by the County. (B&M) 3. Density. The total number of residential dwelling units on the Property shall not exceed 2.2 residential units per acre. (P) 4. Minimum Square Footage for Single Family Dwellings. The minimum gross floor area for single family detached homes shall be as follows: 1 story 1,700 square feet More than 1 story 2,000 square feet (P) 5. Covenants. For all properties containing single family detached dwellings (except Cluster Homes and Condominiums), the following Declaration of Restrictions shall be recorded in conjunction with the recordation of any subdivision plat: THE OWNERS do hereby declare that said property is to be held, owned, conveyed, used and occupied subject to the following restrictive covenants: a. An Architectural Review Committee, hereinafter called "ARC" shall be comprised of Herbert E. Fitzgerald, his heirs, personal representatives, successors, and assigns, any of which may act. The ARC shall coordinate each residence and lot and shall establish reasonable rules and regulations relating to the procedure for architectural approvals and general guidelines for architectural plans according to the following architectural guidelines: All plans to be approved prior to commencement of construction on each lot. House location to be approved prior to construction. Roof Minimum 7/12 pitch Minimum 12" overhang No uncolored galvanized flashing Foundation Brick foundations Brick or stone on chimney chases Dwelling Main body of house to be a minimum of 30 feet in width No single story homes adjacent to each other Stoops and walks Brick stoops or painted fir (no salt treated stoops except when approved by ARC) Minimum 40 sq. ft. Concrete sidewalks 08-533 07/30/08 Painted lattice under front porches - painted risers on steps, painted pickets and painted band on front porches Siding Panel shutters on front windows Minimum 1 x 6 rake and facia boards No T1-11 siding Landscaping $300 allowance for shrubs White painted mailbox and lamp post consistent throughout subdivision Builder to leave as many trees as possible over 6 inches at the base Rata 3 color exterior paint except for 2 colors if painted white Satellite Dishes and swimming pool design, location and screening to be approved prior to installation. The ARC reserves the right to modify the above restrictions or any other imposed deed restrictions in all or in part without notice. In addition, the ARC reserves the right to make special exceptions to these conditions on an individual basis; however, any special exception(s) shall not be deemed as waiver of the restriction(s) as they may apply in the future. The ARC reserves the right to disallow construction of architecturally similar homes adjacent to each other. The ARC shall not be liable to any Owner or to any other person on account of any claim, liability, damage, or expense suffered or incurred by or threatened against an Owner or such other person arising out of or in any way relating to the subject matter of any review, acceptances, inspections, permissions, consents, or required approvals which must be obtained from the ARC whether given, granted or withheld. b. No repairs, changes in color, excavations, changes in grade, major landscaping, or other work which in any way alters the exterior appearance of any Lot or improvement located thereon from its natural or improved state existing on the date such Lot was first conveyed in fee by Herbert E. Fitzgerald to an owner (including clearance of trees and vegetation, driveways, entrance ways, fences, mailboxes, and lamp post structures), shall be made or done until the plans, specifications, working drawings, and proposals for the same showing the nature, kind, shape, type, color, materials, and location of the improvements on the Lot and a landscaping plan shall have been submitted to and J J 08-534 07/30/08 approved in writing to promote harmony of external design and location in relation to surrounding structures, topography, and applicable governmental requirements by the ARC. c. All easements along road frontage and lot lines as may be shown on any subdivision plat are hereby reserved unto the developer, his personal representatives, heirs, assigns, or agents, for the purpose of drainage or furnishing light, telephone or any other utility to the property. d. Lots shall be occupied and used as follows: i. Lots shall be used for private residential purposes only and no building of any kind whatsoever shall be erected or maintained thereon exce t for: 1. One private dwelling house with each dwelling being designated for occupancy by a single family. 2. Private garages for the sole use of the respective owners of the Lots upon which such garages are erected. ii. A single building for the storage of non- commercial vehicles, boats, equipment, and tools used in maintenance of the Lot upon which erected. e. No building shall be located on any Lot nearer to any street or to a side line than is permitted under the applicable local zoning ordinance in effect at the time such building is constructed. f. No structure of a temporary character, trailer, basement, tent, shack, garage, barn, or other outbuilding shall be used on any Lot at any time as a residence either temporarily or permanently. g. The construction of any structure on a Lot shall be completed within a period of nine (9) months after the beginning of construction. During construction, the Lot shall be maintained in a clean and uncluttered condition, free of unnecessary accumulation of waste and building debris. h. It is the responsibility of each Owner to prevent the development of any unclean, unsightly, or unkempt condition of buildings or grounds on his Lot. All improvements on each Lot shall be kept in good repair, and, where necessary, painted on a regular basis. No portion of the property shall be used or maintained as a dumping ground for rubbish. Outdoor burning of leaves, trash or other debris shall not be permitted. All trash, garbage, and other waste shall be kept in sanitary containers which shall be surrounded by wooden screening with such screening being approved by the ARC, or otherwise out of sight from the street. 08-535 07/30/08 i. No nuisance or offensive activity shall be permitted or maintained upon any Lot, nor shall any poultry, hogs, rabbits, cattle or other livestock be kept thereon with the exception of dogs, cats or other normal household animals kept as pets thereon in numbers not exceeding those permitted by the law, provided they are not kept, bred or maintained for any commercial purposes, and must be kept under control of their owner when outside owner's premises, nor constitute a nuisance in the opinion of the ARC, its successors or assigns. No use shall be made of any Lot which will depreciate or adversely affect the surrounding Lots or the property. j. Each residence constructed on a Lot shall be connected to a public sewer. k. No Lot shall be further subdivided without prior written consent of the ARC. However, the developer hereby expressly reserves for itself, its successors, and assigns, the right to re-subdivide any Lot or Lots shown on any recorded plan of subdivision of the property prior to the delivery of a deed to said Lot or Lots without the prior written consent of any Lot Owner. 1. Except for emergencies, which emergencies must be proven to the satisfaction of the ARC, no trees with a diameter of six (6) inches or more, measured two (2) feet from the ground, no flowering trees, shrubs, or evergreens may be cleared from any Lot without prior written permission of the ARC. In the event a Lot Owner violates this covenants the Lot Owner will be fined $25.00 per inch for every such tree removed and it shall be assumed that each tree had a diameter of twelve (12) inches. m. No commercially licensed vehicles, motor vehicles, recreational vehicles, boats, disabled vehicles, vehicles without a current state license or state inspection sticker, machinery, or other equipment shall be visible from the street for a period exceeding twenty-.four (24) hours. Any screening of such vehicles must be approved by the ARC. This covenant shall not apply to vehicles and equipment used in connection with construction upon Lots, while such construction is in progress, or in connection with the development of the property. It shall be the responsibility of each Owner to construct and maintain suitable and adequate parking space on his Lot and all vehicles shall be parked thereon. n. The operation of unlicensed motor bikes, ATVs, and motorcycles on the lots and entrance area shall be subject to regulation by the Owners and may be prohibited entirely. o. No external illumination on any Lot shall be of such a character or intensity or so located as to interfere with any other Owners use or enjoyment of his Lot. No neon or flashing lights shall be J J 08-536 07/30/08 permitted. All external lighting must be approved as to size and intensity by the ARC. p. Except during construction, no signs of any kind shall be displayed to the public view on-any lot except: i. One sign not exceeding four (4) square feet in areas used for the purpose of advertising the Lot for sale or rent: and ii. One sign not exceeding four (4) square feet in area which identifies the resident occupying the Lot, the name of the Lot, or both. q. No temporary, portable, or above-ground swimming pools may be erected on any Lot that will be visible from the street. r. Except as otherwise provided by applicable law, no outside antennas, television or otherwise, shall be permitted; provided, however, that until cable television becomes available to the property, exterior television antennas shall be permitted, provided that they do not extend more than five (5) feet past the roof line of any dwelling. No satellite dishes shall be visible from the street. s. No construction shall be permitted without appropriate erosion control so as to prevent the discharge of any soil or other material onto any other Lot or Common Area. The ARC may establish reasonable rules and regulations establishing a maximum percentage of any Lot which may be covered by a building, driveway or other structure. t. No fences or walls not constituting a part of a building shall be erected, placed or altered on any Lot nearer to any street than the minimum exterior setback line, but in no case shall it extend further forward than the rear of the house except with the approval of the ARC. u. No shrubs, trees, fences or structures of any type shall he erected which may partially or fully block vehicular sight distance, as set forth in the Virginia Highway Department regulations, on any roadway. v. No lot owner shall disturb or siltate shoulders, backslopes, ditches, pavement, curb and gutter, driveway culverts, or any other improvements within the public right-of-way. Each Lot Owner agrees to be responsible for disturbances, damages, and/or siltation caused by themselves, their employees, suppliers, contractors, or others, and shall have fourteen (14) days from the receipt of a letter from the developer and/or the ARC to correct the damage. If a Lot Owner fails to correct the damage in a workmanlike manner, then the developer or its assigns shall have the right to correct the damage and bill the Lot Owner directly on a cost-plus- fifty-percent (50%) basis. If a Lot Owner does not 08-537 07/30/08 make payment within thirty (30) days of presentation of the bill, a two percent (2 a) per month service charge shall be applied to such bill. w. Any one or more of the aforesaid Covenants and Restrictions may be waived, modified, or rescinded, in whole or in part, as to all of the property or any Lot, by written instrument of the ARC. x. Invalidation of any of these covenants and conditions, by court adjudication or otherwise shall in no way modify, affect, or invalidate any of the other covenants and conditions contained herein which shall remain in full force and effect. y. Each and every covenant and condition herein imposed may be enforced by the undersigned or the owner of any Lot by appropriate proceedings at law or in equity against any party violating or attempting or threatening to violate the same to prevent or rectify such violation and or recover damages therefore. The failure of an owner or the undersigned to bring any such proceeding shall not be considered as a waiver of any rights at law or in equity that any such party may have for past or future violation of any covenant herein contained. z. These covenants and conditions are to run with the land and shall be binding upon subsequent owner or owners and all parties claiming through or under such owner or owners for a period of thirty (30) years from the date these covenants are recorded, after which time said covenants shall be automatically extended for successive periods of ten (10) years unless an instrument signed by a majority of the owners of the Lots has been recorded, revoking said covenants, or agreeing to change said covenants in whole or in part. (P) Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 08SN0213 In Matoaca Magisterial District, SWIFT CREEK HOLDINGS, LLC requests rezoning and amendment of zoning district map from Agricultural (A) to Residential (R-12) plus Conditional Use Planned Development to permit exceptions to Ordinance requirements. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for residential use of 2.2 units per acre or less. This request lies on 2.1 acres fronting approximately 140 feet on the north line of Quailwood Road approximately 2800 feet west of Bailey Bridge Road. Tax ID 733-672-8988. Mr. Turner presented a summary of Case 08SN0213 and stated the Planning Commission and staff recommended approval subject to the proffered conditions. Mr. Jim Theobald, the applicant's representative, stated the recommendation is acceptable. J J J 08-538 07/30/08 Mr. Warren called for public comment. No one came forward to speak to the request. On motion of Ms. Durfee, seconded by Mr. Gecker, the Board approved Case 08SN0213 and accepted the following proffered conditions: The property owner and applicant in this rezoning case, pursuant to Section 15.2-2298 of the Code of Virginia (1950 as amended) and the Zoning Ordinance of Chesterfield County, for itself and its successors or assigns, proffer that the property under consideration will be developed according to the following proffers if, and only if, the rezoning request submitted herewith is granted with only those conditions agreed to by the owner and applicant. In the event this request is denied or approved with conditions not agreed to by the owner and applicant, the proffers shall immediately be null and void and of no further force or effect. The property under consideration shall be developed in conjunction with the adjacent properties subject to Case 06SN0234. 1. Master Plan. The Textual Statement dated May 8, 2008 shall be the Master Plan. (P) 2. Timbering. Except for the timbering approved by the Virginia State Department of Forestry for the purpose of removing dead or diseased trees, there shall be no timbering on the Property until a land disturbance permit has been obtained from the Environmental Engineering Department and the approved devices have been installed. (EE) 3. Cash Proffer. For each dwelling unit developed, the applicant, subdivider, or assignee(s) shall pay the following to -the County of Chesterfield prior to the issuance of a building permit for each dwelling for infrastructure improvements within the service district for the Property: a. $18,080 per dwelling unit if paid prior to July 1, 2009; or b. If paid after June 30, 2009, $18,080 adjusted annually in accordance with the Cash Proffer Policy. Cash proffer payments shall be spent for purposes proffered or as otherwise permitted by law. Should Chesterfield County impose impact fees at any time during the life of the development that are applicable to the Property, the amount paid in cash proffers shall be in lieu of or credited toward, but not in addition to, any impact fees, in a manner as determined by the County. (B&M) 4. Density. The total number of residential dwelling units on the Property shall not exceed 2.2 residential units per acre. (P) Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 08-539 07/30/08 On motion of Ms. Durfee, seconded by Mr. Holland, the Board approved the waiver to street connectivity requirements to Quailwood Road. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 08SN0227 In Bermuda Magisterial District, KHJ 1700 WILLIS, LLC requests rezoning and amendment of zoning district map from Residential (R-7) to General Business (C-5) 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 2.51-4 units per acre. This request lies on 0.5 acres and is known as 9117 Germont Avenue. Tax. ID 796-672-8529. Mr. Turner presented a summary of Case 08SN0227 and stated the Planning Commission and staff recommended approval and acceptance of the proffered conditions. Mr. Dean Hawkins, the applicant's representative, stated the recommendation was acceptable. Mr. Warren called for public comment. No one came forward to speak to the request. On motion of Ms. Jaeckle, seconded by Ms. Durfee, the Board approved Case 08SN0227 and accepted the following proffered conditions: 1. Uses shall be limited to the following: a) Any uses permitted in the Community Business (C-3) District. b) Any uses permitted in the Light Industrial (I-1) District. c) Motor vehicle sales, service repair and rental, excluding motor vehicle consignment lots. d) Truck terminals. (P) 2. Prior to any site plan approval, thirty (30) feet of right-of-way on the east side of Germont Avenue, as measured from the centerline of Germont Avenue immediately adjacent to the property, shall be dedicated, free and unrestricted, to and for the benefit of Chesterfield County. (T) Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. nacun~~~ In Matoaca Magisterial District, COLUMBIA GAS OF VIRGINIA, INC. requests Conditional Use and amendment of zoning district map to permit an above-ground utility (propane tank farm). The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive 08-540 J J J 07/30/08 Plan suggests the property is appropriate for residential use of 1-5 acre lots; suited to R-88 zoning. This request lies in a Residential (R-15) District on 1.1 acres and is known as 9306 West Oak River Road. Tax ID 762-610-2672. ~. Mr. Turner presented a summary of Case 08SN0232 and stated the Planning Commission and staff recommended approval and acceptance of the proffered conditions. Mr. Jeff Collins, the applicant's representative, stated the recommendation was acceptable. Mr. Warren called for public comment. No one came forward to speak to the request. On motion of Ms. Durfee, seconded by Mr. Gecker, the Board approved Case 08SN0232 and accepted the following proffered conditions: The owner and developer in this rezoning request, Columbia Gas of Virginia, Inc. (the "Developer") pursuant to § 15.2- 2298 of the Code of Virginia (1950 as amended) and the Zoning Ordinance of Chesterfield County, Virginia (the "County") for itself. and its successors and assigns, hereby proffers that the development of the unimproved real property (the "Property") under consideration in this rezoning request shall be developed in accordance with the following conditions if, and only if, the request submitted herewith is granted with only those conditions agreed to by the owner and applicant. In the event this request is denied or approved with conditions not agreed to by the owner and applicant, the proffers shall immediately be null and void and of no further force or effect. 1. The attached plan dated March 31, 2008, revised June 18, 2008 and titled "Master Plan Eagle Cove Propane Tank Farm" as prepared by Townes Site Engineering shall be considered the master plan. A maximum of thirty-one (31) tanks shall be permitted. (P) 2. All mechanical equipment shall be enclosed by a minimum six (6) foot high fence, designed to preclude trespassing. (P) 3. Vehicular access shall be provided via a single driveway. This driveway shall be of sufficient length to provide off-street parking for all vehicles servicing the propane facilities. This driveway shall be graveled or paved and maintained to minimize dust or tracking problems and to provide ease of ingress and egress. (P) 4. A twenty-five (25) foot buffer shall be provided along all property boundaries to include Oak River Drive. This buffer shall comply with the requirements of the Zoning Ordinance except that the extension of the driveway to serve this facility may encroach into this required buffer as generally depicted on the Master Plan. Any healthy trees that are one (1) inch in caliper or greater shall be retained within this buffer. The buffer shall be supplemented with plant materials as necessary so as to minimize year-round views of improvements on the subject property from the adjacent 08-541 07/30/08 properties and Oak River Drive, as determined by the Planning Department. (P) 5. With the exception of grass, which may be planted outside the fenced enclosure, there shall be no vegetative material permitted within ten (10) feet of the fenced enclosure. A. Tree branches that encroach into the airspace above the ten (10) foot perimeter must be cut back to meet the requirements of this condition. (F) 6. The area within the fence enclosure shall be graveled and maintained so as to preclude the potential for grass, brush or other vegetation from growing around the propane gas storage tanks or other equipment. (F) Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. nQCUn~~Q In Dale Magisterial District, NVR, INC. d/b/a RYAN HOMES requests amendment to Conditional Use Planned Development (Case 05SN0219) and amendment of zoning district map relative to house sizes. 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 2.51-4.0 dwelling units per acre. This request lies in a Residential (R-12) District on 187.6 acres fronting approximately 1700 feet on the east line of Conifer Road at its intersection with Old Hopkins Road. Tax IDs 784- 675-1052 and 785-676-4312. Mr. Turner presented a summary of Case 08SN0238 and stated the Planning Commission recommended approval and acceptance of the proffered condition. Ms. Carrie Coyner, the applicant's representative, stated the recommendation was acceptable. Mr. Warren called for public comment. No one came forward to speak to the request. In response to Ms. Jaeckle's question, Ms. Coyner stated in the original zoning case, there was not a required number of one-story or two-story homes to be built. On motion of Mr. Holland, seconded by Ms. Durfee, the Board approved Case 08SN0238 and accepted the following proffered condition: The Applicant in this zoning case, pursuant to Section 15.2- 2298 of the Code of Virginia (1950 as amended) and the Zoning Ordinance of Chesterfield County, for itself and its successors or assigns, proffers that the development of the property known as Chesterfield County Tax ID 784-675-1052 and Tax ID 785-676-4312, and subject to the conditions and provisions of Case No. 05SN0219 and the condition as set forth below. The Applicant hereby amends Proffered Condition 18 in Case No. 05SN0219 as follows: J J J 08-542 07/30/08 Minimum S uare Footage. A. The minimum gross floor area for detached dwelling units shall be 1800 square feet for units less than 2-story and 2000 square feet for units 2-story or greater, except that detached one-story dwelling units on lots smaller than 12,000 square feet shall have a minimum gross floor area of 1700 square feet . B. The minimum gross floor area for townhouses shall be 1300 square feet. (P) (STAFF NOTE: This proffered condition supersedes Proffered Condition 18 of Case 05SN0219.) Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 08SN0234 In Bermuda Magisterial District, MARTHA 1985 CHESTER, LLC requests rezoning and amendment of zoning district map from General Industrial (I-2) to Heavy Industrial (I-3). The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for light industrial use. This request lies on 6.1 acres lying approximately 1500 feet off the south line of West Hundred Road approximately 400 feet east of Ware Bottom Spring Road also fronting approximately 420 feet on the north line of CSX Railroad. Tax ID 806-651-Part of 3950. acceptance of the proffered conditions. Mr. Turner presented a summary of Case 08NS0234 and stated the .Planning Commission and staff recommended apbroval and Mr. Jeff Collins, the applicant's representative, stated the recommendation is acceptable. Mr. Warren called for public comment. No one came forward to speak to the request. On motion of Ms. Jaeckle, seconded by Mr. Warren, the Board approved Case 08SN0234 and accepted the following proffered conditions: The owner and developer in this rezoning request, Martha 1985 Chester, LLC (the "Developer") pursuant to ~ 15.2-2298 of the Code of Virginia (1950 as amended) and the Zoning Ordinance of Chesterfield County, Virginia (the "County") for itself and its successors and assigns, hereby proffers that the development of the unimproved real property (the "Property") under consideration in this rezoning request shall be developed in accordance with the following conditions if, and only if, the request submitted herewith is granted with only those conditions agreed to by the owner and applicant. In the event this request is denied or approved with conditions not agreed to by the owner and applicant, the proffers shall 08-543 07/30/08 immediately be null and void and of no further force or effect. 1. The public water and wastewater systems shall be used. (U) 2. Uses shall be limited to uses permitted by right and with restrictions in a General Industrial (I-2) District and a concrete manufacturing plant. (P) 3. An earth berm with a minimum height of eight (8) feet shall be constructed on the north side of the subject parcel to minimize the view of this development from West Hundred Road. The exact design and location of this berm shall be approved by the Planning Department at the time of site plan review. (P) Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. nQCUn2~~ In Bermuda Magisterial District, ADRIANE M. BROWN requests rezoning and amendment of zoning district map from Agricultural (A) to Heavy Industrial (I-3). The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for general industrial use. This request lies in on 5.0 acres fronting approximately 300 feet on the north line of Reymet Road approximately 310 feet east of Express Lane. Tax IDs 796-668-4920 and 6521. Mr. Turner presented a summary of Case 08SN0237 and stated the Planning Commission and staff recommended approval and acceptance of the proffered conditions. Ms. Carrie Coyner, the applicant's representative, stated the recommendation is acceptable. Mr. warren called for public comment. No one came forward to speak to the request. On .motion of Ms. Jaeckle, seconded by Mr. Gecker, the Board approved Case 08SN0237 and accepted the following proffered conditions: The Applicant in this zoning case, pursuant to Section 15.2- 2298 of the Code of Virginia (1950 as amended) and the Zoning Ordinance of Chesterfield County, for itself and its successors or assigns, proffers that the development of the properties known as Chesterfield County Tax IDs 796-668-6521 and 796-668-4920 from A to I-3 will be developed as set forth below; however, in the event the request is denied or approved with conditions not agreed to by the Applicant, these proffers and conditions shall be immediately null and void and of no further force or effect. 1. Timbering. Except for the timbering approved by the Virginia State Department. of Forestry for the purpose of removing dead or diseased trees, there 08-544 07/30/08 J J J shall be no timbering on the Property until a land disturbance permit has been obtained from the Environmental Engineering Department and the approved devices have been installed. (EE) 2. Transportation. Dedications/Recordation. Prior to any site plan approval or within 60 days from a written request by the Transportation Department, whichever occurs first, thirty-five (35) feet of right of way measured from the centerline of that part of Reymet Road immediately adjacent to the property shall be dedicated free and unrestricted, to and for the benefit of Chesterfield County. (T) 3. Utilities. The public wastewater system shall be used. (U) Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 08SN0159 (Amended) In Dale Magisterial District, DOUGLAS AND SUSAN SOWERS request rezoning and amendment of zoning district map from Agricultural (A) and Residential (R-7) to Residential (R-12) with Conditional Use Planned Development to permit exceptions to Ordinance requirements. Residential use of up to 3.63 units per acre is permitted in a Residential (R-12) District. The Comprehensive Plan suggests the property is appropriate for residential use of 1.0-2.5 dwelling units per acre. This request lies on 4.2 acres fronting on the southern terminus of Stockport Place and the western terminus of Hereld Green Drive. Tax ID 748-674-3597. Ms. Jane Peterson presented an overview of Case 08SN0159. She stated the Planning Commission recommended approval, citing the proposal is compatible with area residential development, and staff recommended denial, due to the request failing to address typical quality design standards for lots having an area less than 12,000 square feet. In response to Ms. Jaeckle's question, Ms. Peterson stated approximately two-thirds of the property is zoned agricultural. Ms. Carrie Coyner, the applicant's representative, stated the applicant disagrees with staff's recommendation. She further stated the request has been recommended for approval by the Planning Commission. She stated this is an infill project. In response to Mr. Gecker's question, Ms. development is required to be setback 200 feet to mitigate noise. She further stated development will not be closer to Route 288 adjacent lots, which were developed after built. Mr. Warren called for public comment. 08-545 Coyner stated from Route 288 the current than that on Route 288 was 07/30/08 No one came forward to speak to the request. In response to Ms. Durfee's questions, Ms. Peterson stated several years ago the Board eliminated the ability to rezone to R-7 or R-9. She explained that as a result, guidelines were developed for those seeking approval for lots having an area less than 12,000 square feet. She further stated the Subdivision Ordinance allows a reduced lot frontage for cul- de-sac lots. She explained the Subdivision Ordinance requires a 200-foot buffer along Route 288. In response to Mr. Gecker's question, Ms. Peterson stated the developer indicated they would record the same covenants as the adjoining neighborhood, but has not proffered to do so. On motion of Mr. Holland, seconded by Mr. Warren, the Board approved Case 08SN0159 and accepted the following proffered conditions: The Owner-Applicant in this zoning case, pursuant to Section 15.2-2298 of the Code of Virginia (1950 as amended) and the Zoning Ordinance of Chesterfield County, for themselves and their successors or assigns, proffer that the development of the property known as Chesterfield County Tax ID 748-674- 3597-00000 (the "Property") under consideration will be developed according to the attached Textual Statement and the following conditions if, and only if, the rezoning requests for R-12 as set forth in the above heading and the application filed herein is granted. In the event the request is denied or approved with conditions not agreed to by the Owner-Applicant, these proffers and conditions shall be immediately null and void and of no further force or effect. 1. Timbering. Except for the timbering approved by the Virginia State Department of Forestry for the purpose of removing dead or diseased trees, there shall be no timbering on the Property until a land disturbance permit has been obtained from the Environmental Engineering Department and the approved erosion devices have been installed. (EE) 2. Utilities. Public water and wasterwater shall be used. (U) 3. Cash Proffer. The applicant, subdivider, or assignee(s) (the "Applicant") shall pay the following to the County of Chesterfield prior to the issuance of a building permit for each dwelling unit for infrastructure improvements within the service district for the property: a. $15,600 per dwelling unit if paid prior to July 1, 2007. At the time of payment, the $15,600 will be allocated pro-rata among the facility costs as follows: $5,331 for schools, $602 for parks and recreation, $348 for .library facilities, $8,915 for roads, and $404 for fire stations; or b. The amount approved by the Board of Supervisors not to exceed $15,600 per dwelling unit prorated as set forth above and adjusted upward by any increase in the Marshall and J J J 08-546 07/30/08 Swift Building Cost Index between July 1, 2006 and July 1 of the fiscal year in which the payment is made if paid after June 30, 2007. c. If, upon the mutual agreement of the Transportation Department and the Applicant, the Applicant provides road improvements (the "Improvements"), other than the improvements identified in proffered condition 4 as set forth below, then the transportation component in this Proffered Condition shall be reduced by an amount not to exceed the cost to construct the Improvements so long as the cost is of equal or greater value than that which would have been collected through the payment(s) of the road component of the cash proffer as determined by the Transportation Department. Once the sum total amount of the cash proffer credit exceeds the cost of the Improvements, as determined by the Transportation Department, thereafter the Applicant shall commence paying the cash proffer as set forth in this Proffered Condition as adjusted for the credit. For the purposes of this proffer, the costs, as approved by the Transportation Department, shall include, but not be limited to, the cost of right-of-way acquisition, engineering costs, costs of relocating utilities and actual costs of construction (including labor, materials, and overhead) ("Work") Before any Work is performed, the Applicant shall receive prior written approval by the Transportation Department for the Improvements and any credit amount. ~. d. Cash proffer payments shall be spent for the purposes proffered or as otherwise permitted by law. (B & M) 4. Density. The total number of residential dwelling units on the Property shall not exceed 2.0 dwelling units per acre. (P) 5. An overall drainage plan for the proposed lots will be submitted to and approved by the Department of Environmental Engineer prior to recordation of the lots. (EE) 6. The Textual Statement dated February 22, 2008 shall be considered the Master Plan. (P) Ayes: warren, Jaeckle, and Holland. Nays: Gecker and Durfee. 08SN0236 (Amended) In Matoaca Magisterial District, CELLCO PARTNERSHIP d/b/a VERIZON WIRELESS requests amendment to Conditional Use Planned Development (Case 99SN0257) and amendment of zoning district map relative to tower height. 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 2.0 units per acre or less. This request lies in an Agricultural (A) District on 10.0 acres fronting approximately 98 feet on the 08-547 07/30/08 north line of Genito Road approximately 2300 feet west of Weatherbury Place. Tax ID 709-689-Part of 3444. Mr. Robert Clay presented an overview of Case 08SN0236. He stated the Planning Commission recommended approval, citing that increasing the height of an existing tower would not affect area properties. He further stated staff recommends denial, citing the request does not conform to Public Facilities Plan or the Tower Siting Policy. Mr. Chuck Rothenburg, the applicant's representative, stated the request is to amend a Conditional Use to allow an existing tower to be increased in height. He further stated the Planning Commission's recommendation is acceptable. He stated approval of the request will improve cell phone coverage in the area. Mr. Warren asked for public comment. Ms. Marie Stellar stated the Tower Siting Policy needs to be reviewed before allowing any new towers to be placed near residential property. Ms. Durfee suggested a review of the Tower Siting Policy to insure that citizens have cell phone service in the case of an emergency. She stated if the request was for a new tower, she would not be supportive. Mr. Gecker stated a substantial amount of time was spent on the Tower Siting Policy. He explained the increased height would necessitate lighting of the tower in which case the impact would be different. Mr. Holland expressed a concern that adequate attention be given to proper location of towers in the county. On motion of Ms. Durfee, seconded by Ms. Jaeckle, the Board approved Case 08SN0236. Ayes: Warren, Jaeckle, and Durfee. Nays: Holland and Gecker. 18. PUBLIC HEARINGS 18.A. TO CONSIDER PROPOSED ADJUSTMENTS TO PLANNING DEPARTMENT FEES Mr. Glenn Larson provided a brief summary of the additional information provided to the Board, which incorporates the staff recommendation to set rates for FY2009 and would allow the County Administrator to adjust the fees no higher than 80 percent. Mr. Warren called for public comment. Mr. Neil Lappe, President of Chesterfield Chamber of Commerce, spoke in the opposition of the increase of Planning Department fees. He stated the Chamber suggests the county review the Planning process and consider a different fee schedule for commercial and residential. Mr. Bob Schrum presented a sampling of taxes and fees paid annually by 24 Chesterfield County Chamber members and showed 08-548 J J J 07/30/08 an average income of $372,000 for the county. He spoke in opposition to the proposed increase in fees. Mr. Warren closed the public hearing. Mr. Holland stated great consideration has been given to the Planning Department fees due to the importance of monitoring costs. He further stated the county does provide a service to the citizens and it is relatively reasonable. He stated he does support staff's recommendation. Mr. Gecker stated discussion recovery rates for commercial versus government expense. He rate of 80 percent for a user from staff a fee adjustment commercial at 60 percent. is always centered around and residential and user fee stated he feels the recovery fee is too high and requested chart with residential and In response to Ms. Durfee's question, Mr. Stegmaier stated, at the last meeting, Mr. Gecker requested staff to look into an option which equalized the 60 percent cost recovery. He further stated staff received numerous requests from individual Board members, so there were three options presented. In response to Ms. Durfee's question, Mr. Holland stated the 60 percent cost recovery amendment was not reviewed at the Budget and Audit Committee meeting. Mr. Holland made a motion, seconded by Mr. warren, for the Board to adopt the 80 percent cost recovery for residential and 70 percent cost recovery for commercial. Ms. Jaeckle stated the county should not try to recover costs for what the county values. She expressed concerns relative to the 80 percent cost recovery option. Ms. Durfee made a substitute motion, seconded by Mr. Holland, for the Board to adopt an 80 percent cost recovery for residential and 65 percent cost recovery for commercial. Mr. Warren called for a vote on the motion of Ms. Durfee, seconded by Mr. Holland, for the Board to adopt the following ordinance: AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING AND RE-ENACTING SECTION 19-25 OF THE ZONING ORDINANCE RELATING TO PLANNING DEPARTMENT FEES BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Section 19-25 of the Code of the County of Chesterfield, 1997, as amended, is amended and re-enacted to read as follows: Sec. 19-25. Fees. In addition to any other fees required fees shall be payable to the county treasure to the planning department upon filing applications: 08-549 by the county, r and submitted the following 07/30/08 Fee, B ased On Office, Commercial, Application Type Residential and Uses Industrial Uses 1 . Amend condition (s ) of zoning (including conditions of rezoning, conditional use, $5,300 $4,100 conditional use planned development, and textual statement) 2. Appeal to board of zoning $1,200 $1,200 appeals per § 19-21 3. Building permit review, for a new single family dwelling or $25 Not for each unit of a new two- Applicable family dwelling 4. Conditional use, family day $300 Not care homes Applicable 5. Conditional use, all others $5,300 $4,100 a. Plus per acre $90 $80 6. Conditional use planned $5300 $4,100 development a. Plus per acre $90 $80 7. Planning Commission and Board $1,000 $1,000 of Supervisors case deferral (Includes (Includes "A" requests by the applicant, per "A" uses) uses) request: 8. Board of Zoning Appeals case deferral requests by the $130 $130 applicant, per request: 9. Manufactured home permits, new $550 $550 10. Manufactured home permits, $250 $250 renewal 11. Modifications to development $400 $300 standards and requirements 12. Plan transfer to electronic $130 $130 format per § 19-264 (f) 13. Resource protection area exceptions per § 19-235(b)(2) for one lot or parcel used or $300 Not intended to be used for a Applicable single family dwelling and accessory uses 14. Resource protection area exceptions per § 19-235(b)(2), $1,500 $1,500 all others 50 percent of 15. Remand requests to the 50 percent original case planning commission, by the of original fee applicant, per request case fee. (includes "A" (includes uses) "A" uses) J J J 08-550 07/30/08 16. Rezoning $5,300 $4,100 a. Plus per acre $90 $80 17. Rezoning with .conditional use - a. Base fee for rezoning $5,300 $4,100 i. Plus per acre $90 $80 b. Base fee for conditional $5,300 $4,100 use i. Plus per acre $90 $80 18. Rezoning with conditional use planned development a. Base fee for rezoning $5,300 $4,100 i. Plus per acre $90 $80 b. Base fee for conditional use planned development $5,300 $4,100 i. Plus per acre $90 $80 19. Rezoning with conditional use and conditional use - - planned development a. Base fee for rezoning $5,300 $4,100 i. Plus per acre $90 $80 b. Base fee for conditional $5,300 $4,100 use i. Plus per acre $90 $80 c. Base fee for conditional use planned development $5,300 $4,100 i. Plus per acre $90 $80 20. Sign Permits, temporary signs as permitted by § 19-631 $100 $100 through § 19-650 21. Sign Permits, all other signs for which building $130 $130 permits are required 22. Site plan, overall development plan and schematic plan reviews: original $2,000 $1,200 submittal, including up to two resubmittals a. Plus per acre $90 $80 23. Site plan, overall development plan and schematic plan reviews: third and $400 $350 subsequent resubmittals, per submittal 24. Site plan, overall development plan and schematic plan reviews: adjustment to approved site plan or $400 $350 amendment to approved schematic plan, per submittal or resubmittal 08-551 07/30/08 25. Site plan review: appeal of decision of director of $400 $350 planning 26. Special exceptions, temporary manufactured home $550 $550 (new) 27. Special exceptions, $250 temporary manufactured home $250 (renewal) 28. Special exceptions, all $1,000 $1,000 others 29. Special exceptions, amend $600 conditions of special $600 exception 30. Substantial accord $5,300 $4,100 determinations 31. Variances, administrative $200 $200 32. Variances, all other $300 $300 33. Verification of non- $75 $75 conforming use (written) 34. Zoning certificate $75 $75 35. Zoning interpretation $75 $75 (written) (b) Enterprise zone or subzone fee exemptions. (1) For any office, commercial or industrial use within an enterprise zone or subzone designated by the Commonwealth of Virginia, no application fee shall be required for the following actions, provided the director of planning determines that the request is in compliance with the comprehensive plan: a. Amend a condition of zoning b. Conditional use or planned development c. Deferral d. Rezoning e. Site plan review, resubmittal of site plan, or adjustment to an approved site plan f. Substantial accord determination This exemption shall continue for the life of the enterprise zone or subzone. (c) For any application containing a mix of residential and non-residential uses, the fee shall be based upon the residential uses category. (2) That this ordinance shall become effective immediately upon adoption.. Ayes: Warren, Holland, and Durfee. Nays: Gecker and Jaeckle. J J J 08-552 07/30/08 18.B. TO CONSIDER AMENDING SECTION 19-238 OF THE ZONING ORDINANCE AS IT RELATES TO POST-DEVELOPMENT STORMWATER RUNOFF IN THE SWIFT CREEK RESERVOIR WATERSHED ~. Mr. Rob Robinson provided an overview of the three versions of the Upper Swift Creek Plan Phosphorus Amendment. He stated the Planning Commission and staff recommend denial of the original version of the amendment. He further stated the Planning Commission cited several concerns with the amendment such as the standard being unattainable, it would create a hardship on future business development, it would impact economic development projects and neo-traditional development in the county, and would put the county at a disadvantage to the neighboring localities which have a standard of .45. In response to Mr. Holland's question, Mr. Robinson stated the county would monitor the in-lake phosphorus levels using protocol set up by the state. Mr. Warren stated there is a feeling among many Board members to defer this item for many months. Mr. Gecker stated he would not support a 3-month deferral because it will not add to the information already before the Board. He further stated he would support a longer deferral if the Board is not going to work through the amendment. Ms. Durfee stated some of the Board members are not comfortable considering the current proposals. She further stated it is a very complex issue and the data and formula needs to be taken into account. She stated a deferral may be appropriate to allow more time to make a better determination. Mr. Warren stated the citizens need to know there is the possibility the proposal will be deferred. He then called for public comment. Ms. Lee Diller urged the Board not to compromise with the health of the Upper Swift Creek Reservoir. Ms. Ann Brandon, an area resident, spoke in opposition to the proposed amendment. She stated the amendment appears to be an attempt to stop all growth in the Upper Swift Creek Area. Mr. Michael Brandon spoke in' opposition to the proposed amendment. Mr. Jamie Shelton stated saving trees increases home values and assists with flood protection. Ms. Carolyn Turner, a resident of Midlothian Turnpike, spoke in opposition to the proposed amendment and read an excerpt from the book "Government Pirates." Mr. Joe Orcutt stated no documentation is available showing the reservoir is failing. Mr. Ben Durvin stated this amendment is a direct assault on the rights of area property owners. He further stated the documentation provided is inadequate. 08-553 07/30/08 Ms. Carson Kirk stated the reservoir is beautiful and a great place to live. She inquired why new homes are being built on the reservoir when there is a chance of them ruining the county's drinking water. She also urged the Board to make everyone responsible for the health of the reservoir. Mr. William Shewmake stated the Upper Swift Creek area encompasses a large amount of land and the proposed amendment is not about preserving the Swift Creek, but is seen as an inappropriate growth management tool. Ms. Ellen Shelton stated water is an important resource and recently, Robert Burnly, with the Department of Environmental Quality stated Chesterfield did not have the water resources to service large developments. Mr. Josh Shoze stated he chose Chesterfield County to live and work due to the county being business friendly. He further stated the proposed amendment will send the signal that Chesterfield is not business friendly. Mr. Michael Bowen, representing 12 families in the Upper Swift Creek area, spoke in opposition to the proposed amendments. Mr. Gary Armstrong spoke in opposition to the Board adopting the lower standards in the proposed amendment. Mr. Daniel Hubbard spoke in opposition to the proposed amendment. Mr. Chuck Rayfield, a member of Hands Across the Lake, stated the Board of Directors voted to support .16 phosphorus recommendation in the proposed amendment. He further stated the proposal has technical credibility and will reduce phosphorus levels in the reservoir. He urged the Board not to accept a compromise on the health of the reservoir. Mr. Sherwood Dance stated the .16 phosphorus run-off limit is unattainable. He further stated the consideration has not been given for area property owners. Ms. Adel McClain, the Chair of the Conservation Group for Falls of James Group, spoke in support of the .16 phosphorus run-off level. Mr. Tom Winfree, the President of Village Bank, stated he will be opening a new location for their headquarters soon at Watkins Centre. He further stated he is concerned the county will be sending the wrong message to business if the .16 phosphorus run-off limit is adopted. Mr. George Bryant urged the Board to deny the proposed amendment, stating it will have an impact on residential development. Mr. Joe Owen stated the change in the phosphorus run-off to .16 will close Chesterfield County to new business. He further stated the proposed change is not based on legitimate facts . Mr. Andy Scherzer spoke in opposition to the proposed amendment. He stated a change in the policy should be 08-554 J J J 07/30/08 grounded in facts, and county staff is not recommending this proposal. Mr. Joel Bradner, President of Brandermill Community Association, spoke in support of the proposed amendment to the phosphorus run-off limit. Mr. Cliff Bickford spoke in opposition to the proposed amendment. He expressed concern relative to the Board taking action that is not necessary. He stated the proposed amendment would do more harm than good for the county. Mr. Neal Lappe stated the county will be closed for business if the proposal is passed and will destroy the county's ability to attract new business. He urged the Board to vote no on the proposed changes. Mr. Greg Koontz spoke in opposition to the proposed ordinance amendment. He stated there is no science to support the change. Mr. Billy Barbee spoke in support of the water quality recommendations as proposed by Hands Across the Lake. He stated the levels of phosphorus run-off proposed in the amendment are attainable. He further stated the county needs to be proactive when it comes to saving the reservoir. Mr. Jeff Collins, a former member of the Watershed Committee, stated during the process of setting the phosphorus run-off limit currently in place an unbelievable amount of data was presented to the committee. He further stated a compromise was reached ten years ago with the Board setting the .22 run- off level and no data is showing that the level needs to be changed. Ms. Carol Quinn, a member of the Woodlake Community Association Board of Directors, spoke in support of the proposed amendment reducing the phosphorus levels by twenty percent. She stated adoption of the amendment would help protect the reservoir. Mr. Jay Lafler spoke in opposition to proposed amendment, stating it will show the county is closed for business. Ms. Kitty Snow spoke in support of more strict standards to be placed on the reservoir. Ms. Diana Parker, past Chair stated she supports the .16 recommended by county staff. of Falls of the James Club, update to the ordinance, as Dr. Betty Hunter Clapp spoke in support of a deferral of the proposed amendment to allow additional time to study. Mr. Read Goode Jr., a commercial real estate developer, spoke in opposition to the .16 proposed amendment. Ms. Norma Szakal, a Hands Across the Lake member, spoke in support of the 20% reduction to the phosphorus run-off limit. Mr. Hugh Woodle stated he was concerned about the future of Chesterfield. He further stated before adopting a lower run- off limit, the issue should be fully explored. 08-555 07/30/08 Ms. Lenita Gilreath expressed concern relative to the effect on economic development within the county if the proposed amendment were adopted. Mr. Bill Johns spoke in opposition to the proposed amendment on phosphorus run-off levels and stated other efforts need to be made to maintain the reservoir, such as dredging. Mr. Dave Barthol, an engineer in the county, stated there has been a down turn in the levels of phosphorus in the reservoir. He urged the Board not to adopt the amendment. Mr. Mark Tubbs urged the Board not to accept the compromise on the phosphorus run-off levels and to keep the current standards in place. Mr. Ivan Woo urged the Board to balance the facts before making a decision on the proposed amendment. He stated water quality of the reservoir is not in jeopardy. Mr. Peter Martin spoke in support for a twenty percent reduction in phosphorus run-off limits for the reservoir. Mr. Tom Pakurar, President of Hands Across the Lake, stated the county should have a goal of no pollution. He further stated technology has been developed to allow achievement of the goal. Mr. Stewart Holmes spoke in opposition to the proposed amendment, stating the water quality is acceptable. Ms. Carrie Coyner urged the Board to review the facts which state the reservoir is healthy, to deny the proposed amendments, and monitor the health of the reservoir. Mr. Bob Schrum stated if the Board adopts the proposed amendments, it will send the wrong message to business owners. Mr. Bill Woodfin spoke in opposition to the proposed amendment. Mr. Mike Harten, a Midlothian resident, spoke in support of a compromise on the phosphorus run-off limits. He urged the Board to defer decision on the amendment if more time is needed to gather additional information. Mr. David Reel, Executive Vice President of the Homebuilders Association, stated the association did not send a letter to residents trying to scare them into opposing the amendment. Ms. Brenda Stewart addressed the Board regarding finding a solution to the proposed amendment without putting a burden on some land owners and not affecting others. Mr. John Easter, representing the Chesterfield Business Council, urged the Board to look at the science before making a decision on the proposed amendment. He stated the calculations are based on assumptions and not data. Mr. Mark Smith expressed appreciation to the Board for serving Chesterfield County. 08-556 J 07/30/08 Mr. Warren closed the public hearing. Ms. Jaeckle expressed concerns relative to trying to find a solution without identifying the problem. She stated the options presented do not take into consideration other solutions, such as dredging or the impact of lots currently zoned but not developed on the reservoir. She further stated if the depth of the reservoir is decreasing perhaps the county should look into dredging to correct that problem. Ms. Durfee expressed appreciation to the citizens for attending the meeting and expressing their concerns. In response to Ms. Durfee's question, Mr. Stegmaier provided a timeline of the history of the .16 proposed amendment. He stated the Planning Commission voted against the amendment. Ms. Durfee provided clarification on how the .16 amendment came to the Board. She restated that she is uncomfortable with the versions presented to the Board because of the scientific data and the lack of determination of the appropriate amount of run-off for the watershed. She stated the county needs to review the formula used to calculate run- off levels as well as the amount of phosphorus and nitrogen in the reservoir. She addressed the statement concerning being unable to reach lower standards, stating if better site design were incorporated these levels would be attainable. She stated she would like to defer this item to allow the Board to make a solid decision and requested staff to continue their work and provide the Board with information regarding the state guidelines for run-off. Mr. Gecker stated he would consider a deferral, but does not believe a 90-day deferral would allow staff to provide any useful information to the Board. He further stated he does not believe the calibration study done last year by CH2M Hill is usable. He agreed with the citizen comments relative to the reservoir not being in a crisis at this time. He stated the Board has some time to get scientific data to address this issue. He further stated the environmental overlay is the key to the watershed. He stated more information is due to the county in the next year and the county should not change any of the information that may be used to calculate the data. He further stated the Board will revisit the land use plan for the Upper Swift Creek area to discuss the placement of BMPs. Mr. Holland stated data should always be driving decisions and he cannot support a lower number simply because it is on the chart. In response to Ms. Durfee's question, Mr. Scott Flanigan stated one of the reasons the EPA and the Corps of Engineers looked at the regional BMPs unfavorably was because they knew there were other methods to remove the phosphorus much lower than what we were looking at . He further stated the county will still need to review the Watershed Master Plan and find ways to remove phosphorus. Ms. Durfee stated a deferral is needed so that the Board members can receive the data from staff. 08-557 07/30/08 In response to Mr. Holland's question, Mr. Flanigan stated staff will begin working on the Low Impact Development manual, which will have tools to allow developers to meet the .22 phosphorus limit right away. He further stated the modifications to the watershed master plan will take more time and more analysis for existing developments and retrofitting with regional BMPs. He stated it would be at least a year out. On motion of Mr. Gecker, seconded by Ms. Jaeckle, the Board took no action on amending Section 19-238 of the Zoning Ordinance as it relates to post-development stormwater runoff in the Swift Creek Reservoir Watershed. Ms. Durfee stated the Board needs to be proactive by having staff present options for the stormwater management plan. Ms. Durfee then made a substitute motion for the Board to defer action on amending Section 19-238 of the Zoning Ordinance as it relates to post-development stormwater runoff in the Swift Creek Reservoir Watershed for 6 months. The substitute motion of Ms. Durfee failed for lack of a second. Mr. Gecker restated his motion for the Board to take no action on amending Section 19-238 of the Zoning Ordinance as it relates to post-development stormwater runoff in the Swift Creek Reservoir Watershed, until the stormwater management plan is received. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. Mr. Warren made the motion, seconded by Mr. Holland, for the Board to suspend its rules at this time to allow consideration of additional items after 11:00 p.m. Ayes: Warren, Gecker, Holland, and Durfee. Nays: Jaeckle. (The Procedures of the Board of Supervisors require unanimous vote to suspend the rules and hear additional items on the agenda after 11:00 p.m.) 18.C. TO CONSIDER THE FY2009-FY2014 SECONDARY SIX YEAR IMPROVEMENT PLAN, FY2009 SECONDARY ROAD IMPROVEMENT BUDGET, PROJECT DEVELOPMENT SCHEDULE FOR THE CHESTERFIELD ROAD FUND, AND DESIGNATION OF FY2009 CHESTERFIELD ROAD FUND PROJECTS Consistent with the motion above, this public hearing will be held on August 27, 2008. J J J 08-558 07/30/08 18.D. TO CONSIDER AMENDMENTS TO THE ZONING ORDINANCE AS IT RELATES TO THE PLANTING, REPLACEMENT AND PRESERVATION OF TREES IN THE SWIFT CREEK RESERVOIR WATERSHED Consistent with the motion above, this public hearing will be held on August 27, 2008. 18.E. PROCESSING OF SUBDIVISION PLATS AND SITE PLANS OF VIRGINIA DEPARTMENT OF TRANSPORTATION REVIEW FOR TO CONSIDER PROPOSED AMENDMENTS RELATIVE TO INCLUSION Consistent with the motion above, this public hearing will be held on August 27, 2008. 18.F. TO CONSIDER AN ORDINANCE TO VACATE A SIXTEEN- FOOT ALLEY WITHIN BLOCK 8, REVISED PLAN OF RAYON PARK Consistent with the motion above, this public hearing will be held on August 27, 2008. 18.G. TO CONSIDER AN ORDINANCE TO VACATE AN EIGHT-FOOT EASEMENT ACROSS LOT 6, EDGEWATER, SECTION 5 Consistent with the motion above, this public hearing will be held on August 27, 2008. 18.H. TO CONSIDER A REQUEST TO QUITCLAIM AN UNIMPROVED VARIABLE WIDTH COUNTY RIGHT OF WAY ADJACENT TO 6170 CEDAR SPRINGS ROAD Consistent with the motion above, this public hearing will be held on August 27, 20'08. 19. REMAINING MANUFACTURED HOME PERMITS AND ZONING REQUESTS There were no remaining requests. 20. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED MATTERS There were no speakers at this time. 21. ADJOURNMENT On motion of Mr. Warren, seconded by Mr. Holland, the Board adjourned at 1:16 a.m. until August 27, 2008 at 3:00 p.m. G~!/~~--- -- J J.L. tegmaier rthur Warren County Administrator Chairman 08-559 07/30/08