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2011-04-27 MinutesBOARD OF SUPERVISORS MINUTES April 27, 2011 Supervisors in Attendance: Mr. Arthur S. Warren, Chairman Ms. Dorothy A. Jaeckle, Vice Chrm Mr. James M. Holland Ms. Marleen K. Durfee Mr. Daniel A. Gecker Mr. James J. L. Stegmaier County Administrator Staff in Attendance: Mr. Mike Bacile, Dir., Purchasing Dr. Sheryl Bailey, Dep. County Administrator, Management Services Ms. Janice Blakley, Clerk to the Board Ms. Patsy Brown, Dir., Accounting Mr. Allan Carmody, Dir., Budget and Management Ms. Mary Ann Curtin, Dir., Intergovtl. Relations Mr. Jonathan Davis, Dir., Real Estate Assessments Mr. Will Davis, Dir., Economic Development Ms. Debbie Dugger, Dir., Adolescent Reporting Program Mr. William Dupler, Dep. Co. Administrator, Community Development Ms. Kelly Fried, Asst. Dir., Mental Health Mr. Michael Golden, Dir., Parks and Recreation Mr. Lawrence C. Haake, III, Registrar Mr. John W. Harmon, Real Property Manager Dr. Parham Jaberi, Dir., Health Department Mr. Donald Kappel, Dir., Public Affairs Mr. Rob Key, Director, General Services Mr. Louis Lassiter, Asst. County Administrator Mr. R. John McCracken, Dir., Transportation Mr. Richard M. McElfish, Dir., Env. Engineering Mr. Jeffrey L. Mincks, County Attorney Sheriff Dennis Proffitt, Sheriff's Department Ms. Marsha Sharpe, Dir., Social Services Ms. Sarah Snead, Dep. County Administrator, Human Services 11-253 Mr. Kirk Turner, Dir., Planning Mr. Mike Westfall, Dir., Internal Audit Mr. Rick Witt, Int. Dir., Building Inspection Mr. Scott Zaremba, Dir., Human Resource Programs Mr. Warren called the regularly scheduled meeting to order at 3:02 p.m. 1. APPROVAL OF MINUTES FOR APRIL 13, 2011 On motion of Mr. Holland, seconded by Ms. Durfee, the Board approved the minutes of April 13, 2011, as submitted. Ayes: Warren, Jaeckle, Holland, Durfee, and Gecker. Nays: None. 2. COUNTY ADMINISTRATOR'S COMMENTS 2.A. COUNTY ADMINISTRATOR'S REPORT 2.B. COMMITTEE ON THE FUTURE PRESENTATION Mr. Ed DeGennaro, Chairman of the Committee on the Future, presented highlights of the committee's current report on lifelong learning and global understanding, titled "Preparing Residents to Thrive in a Global Society." Mr. Holland commended the entire committee on the presentation and outstanding work achieved. He stated he hoped the next report would include the concept of human capital and a heavy dose of civics. Ms. Jaeckle commended Mr. DeGennaro on his presentation. She stated the community meetings were very interesting and started a lot of people thinking about the future. Mr. DeGennaro stated the committee brings a level of awareness to the community. He further stated the implementation rate of recommendations over time is very high. Mr. Gecker commended Mr. DeGennaro and the committee for all the work they have done. He stated drafting a report by consensus through the committee is a very difficult process. In response to Mr. Gecker's question, Mr. DeGennaro suggested forming a group of citizens made up of government, industry, business, education and other interested parties to look at the skills and abilities needed in a global world and what is currently being taught and bridge the gaps. He further suggested taking a look at technology and creating ways to partner with business and industry. Mr. Gecker suggested that the Joint County/School Board Liaison Committee discuss some of the recommendations. J J J 11-254 Mr. Holland stated it is important to bridge education gaps in regards to college graduates' skills and abilities needed for our future society. Ms. Durfee expressed appreciation to Mr. DeGennaro and the committee for handling challenging issues and concerns in regards to our future workforce. Mr. DeGennaro recognized and congratulated the members of the committee. 2.C. HENRICUS HISTORICAL PARK PRESENTATION Mr. Warren recognized former Board of Supervisors member Dickie King and noted that he is very active with the history of Chesterfield County. Mr. Charlie Grant, Acting Executive Director of the Henricus Historical Park, updated the Board on activities at Henricus and provided information on the 400th Commemorative Events. Mr. John Pagano, Chief Historical Interpreter, elaborated on the significance of Henricus and introduced a short documentary film to the Board. Mr. Dickie King, Vice Chairman of the Henricus Foundation, expressed appreciation to the Board for its continued support and allocated funds. He highly praised Ms. Jaeckle for her role as a member of the Henricus Foundation. Mr. Grant recognized those in the audience who contribute to Henricus' historical interpretation and reenactments. Ms. Jaeckle commended the Henricus Foundation for its continued efforts in maintaining the historical park. Mr. Warren expressed appreciation to Ms. Jaeckle for her support and to Henrico County for their valuable contributions. Ms. Jaeckle announced on May 7-8th Henricus will host an event titled, "Mount Malady - America's First Hospital." • Mr. Stegmaier was proud to report that last week, Standard and Poor's Ratings Services affirmed the `AAA' rating, with a stable outlook, on the county's general obligation debt. • Mr. Stegmaier provided the Board with an update on the housing foreclosure situation as it pertains to Chesterfield. He stated Chesterfield has seen some marked improvement on the foreclosure front. • Mr. Stegmaier announced that the grand opening for the new Costco behind Chesterfield Towne Center will occur on Thursday, May 12th at 8:00 a.m. He further stated he has received several positive comments about how Community Development and other staff have work hard with the contractor to ensure that the business will open on time. 11-255 3. BOARD MEMBER REPORTS Mr. Holland announced the Dale District will hold a community meeting on May 16th at the Meadowdale Library relative to transportation and implementation of the ZIP Code proposal. Ms. Durfee reported that Genito Road will not be closed and the project will be completed in November 2012. She expressed appreciation to Utilities and Transportation staff for their work on the Genito Road project. She announced the Matoaca District held a meeting on March 28th regarding the Genito Road bridge project. She also announced she will hold a roundtable discussion meeting on May 2nd at Second Baptist Church. Ms. Jaeckle reported the citizens of Broadwater Townhomes are doing all they can to catch the perpetrator who killed 13- year-old Devin Hawkins. She commended the Fire Department for helping the 44 displaced residents who lost their homes in a recent fire. She further commended the Fire Department on the successful Flag Raising Ceremony. 4. REQUESTS TO POSTPONE AGENDA ITEMS AND ADDITIONS, DELETIONS OR CHANGES IN THE ORDER OF PRESENTATION On motion of Mr. Holland, seconded by Ms. Durfee, the Board replaced Item 8.B.9., Designation of FY2012 Chesterfield Road Fund (Revenue Sharing) Projects and Corresponding Funding Sources; and removed the Consent Agenda Item 8.b.l.f., Supporting the Sustainable Transportations Initiative of Richmond, for Board discussion. Ayes: Warren, Jaeckle, Holland, Durfee, and Gecker. Nays: None. This item was removed from the Consent Agenda for Board discussion: 8.B.l.f. SUPPORTING THE SUSTAINABLE TRANSPORTATION INITIATIVE OF RICHMOND Mr. Dupler introduced Mr. Robert Crum, Executive Director of the Richmond Regional Planning District Commission. Mr. Crum introduced Mr. Mark Creery, Secretary of the STIR Executive Committee, and Mr. Kim Scheeler, Chair-elect of the STIR Executive Committee, who presented the Board with background information regarding the Sustainable Transportation Initiative of Richmond. In response to Mr. Holland's question, Mr. Crum stated the status of electric vehicles is yet to be determined and stressed the important involvement of elected officials to guide this subject in the right direction moving forward. He further stated the committee is planning to present information to other county boards in the future. Ms. Jaeckle stated this initiative suggests a multitude of solutions. J J J 11-256 Ms. Durfee expressed appreciation to Mr. Crum and those involved with STIR for their presentation. She stated even though we have different transportation modes in the Richmond region, the purpose of the initiative is to educate and advocate for an integrated transportation system. On motion of Ms. Durfee, seconded by Mr. Holland, the Board adopted the following resolution: WHEREAS, the Sustainable Transportation Initiative of Richmond (STIR) has been formed to ensure the Greater Richmond Region's future transportation system by providing an array of cost effective, sustainable transportation choices all designed to move people efficiently and minimize the environmental impact of travel; and WHEREAS, the maintenance of a transportation system that provides for the safe and efficient movement of people and goods is key to the Richmond Region's quality of life and economic well being. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors endorses the mission of STIR. AND, BE IT FURTHER RESOLVED that Chesterfield County agrees to appoint a representative to the STIR Advisory Board. Ayes: Warren, Jaeckle, Holland, Durfee, and Gecker. Nays: None. On motion of Mr. Holland, seconded by Ms. Durfee, the Board suspended its rules to allow simultaneous nomination/ appointment/reappointment to the Sustainable Transportation Initiative of Richmond (STIR) Advisory Board and the Camp Baker Management Board. Ayes: Warren, Jaeckle, Holland, Durfee, and Gecker. Nays: None. On motion of Mr. Holland, seconded by Ms. Jaeckle, the Board simultaneously nominated/appointed Ms. Marleen Durfee to serve as member of the Sustainable Transportation Initiative of Richmond (STIR) Advisory Board, effective immediately. Ayes: Warren, Jaeckle, Holland, Durfee, and Gecker. Nays: None. 5. RESOLUTIONS There were no Resolutions at this time. 6. WORK SESSIONS There were no Work Sessions at~this time. 7. DEFERRED ITEMS There were no Deferred Items at this time. 11-257 8. NEW BUSINESS 8.A. APPOINTMENTS 8.A.1. CAMP BAKER MANAGEMENT BOARD On motion of Mr. Holland, seconded by Ms. Durfee, the Board simultaneously nominated/appointed/reappointed Mr. Hubert Urban, Mr. James Lumpkin and Mr. Robert Mills as members of the Camp Baker Management Board, whose terms are effective May 1, 2011 and expire April 30, 2014. Ayes: Warren, Jaeckle, Holland, Durfee, and Gecker. Nays: None. 8.B. CONSENT ITEMS 8.B.1. ADOPTION OF RESOLUTIONS 8.B.l.a. RECOGNIZING LIEUTENANT ROBERT C. ROLLSTON, JR., FIRE AND EMERGENCY MEDICAL SERVICES DEPARTMENT, UPON HIS RETIREMENT On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board adopted the following resolution: WHEREAS, Lieutenant Robert C. Rollston, Jr. will retire from Chesterfield Fire and Emergency Medical Services Department, Chesterfield County, on June 1, 2011; and WHEREAS, prior to beginning his career with Chesterfield Fire and EMS, Lieutenant Rollston served as a dispatcher in the Police Department from October 1979 to May 1981, and as a deputy in the Sheriff's Department from December 1981 until October 1982, while also serving as a volunteer firefighter; and WHEREAS, Lieutenant Rollston began his Fire and EMS service as a volunteer at the Wagstaff Fire and EMS Station in 1975 and faithfully served the citizens of Chesterfield County for. more than 35 years, attended Recruit School #13 in 1982 and served in various assignments, as a firefighter at the Manchester and Midlothian Fire and EMS Stations, and as a lieutenant at the Bensley, Clover Hill, Swift Creek and Enon Fire and EMS Stations; and WHEREAS, Lieutenant Rollston was an advanced life support provider and an active technical rescue team member; and WHEREAS, Lieutenant Rollston was assigned to the Fire and Life Safety Division in 2000 and obtained various related certifications; and WHEREAS, Lieutenant Rollston graduated from the Virginia Fire Marshals Academy as a sworn law enforcement officer in November 2000; and J J J 11-258 WHEREAS, Lieutenant Rollston served on the Fire Marshals Law Enforcement Process Action Team in 2002 and was instrumental in establishing law enforcement sworn fire marshals in Chesterfield County; and WHEREAS, Lieutenant Rollston received his Department of Criminal Justice general and firearms instructor certifications in 2004; and WHEREAS, Lieutenant Rollston was selected for and graduated from the Alcohol, Tobacco, Firearms and Explosives accelerant canine handler's school in 2004 and served in that capacity with his dog Hero for over six years; and WHEREAS, Lieutenant Rollston received a Certificate of Commendation in 2005 for, the rescue of a citizen from a structure fire; and WHEREAS, Lieutenant Rollston obtained the necessary requirements and experience to successfully receive his certification as a Fire Investigator from the International Association of Arson Investigators. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes the contributions of Lieutenant Robert C. Rollston, Jr., expresses the appreciation of all residents for his service to the county, and extends appreciation for his dedicated service and congratulations upon his retirement. Ayes: Warren, Jaeckle, Holland, Durfee, and Gecker. Nays: None. 8.B.l.b. RECOGNIZING LIEUTENANT STEVEN V. TRAYLOR, FIRE AND EMERGENCY MEDICAL SERVICES DEPARTMENT, UPON HIS RETIREMENT On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board adopted the following resolution: WHEREAS, Lieutenant Steven V. Traylor will retire from the Chesterfield Fire and Emergency Medical Services Department on May 1, 2011; and WHEREAS, Lieutenant Traylor joined the department as a volunteer member in 1973, began his career attending Recruit School #8 in 1977, and has faithfully served Chesterfield County for 38 years in various assignments, as a volunteer district chief at the Dale Fire Station, a firefighter at the Wagstaff Fire and EMS Station, a sergeant at the Dutch Gap, Bensley, and Dale Fire and EMS Stations, and as a lieutenant at the Airport, Manchester and Buford Fire and EMS Stations; and WHEREAS, Lieutenant Traylor has been a member of the Hazardous Incident Team since 1993 and trained to the level of Hazmat Specialist; and WHEREAS, Lieutenant Traylor was assigned as one of the first Tactical Safety Officers in the department; and 11-259 s WHEREAS, Lieutenant Traylor was recognized, along with his crew, with an EMS Unit Citation for his part in rescuing trapped occupants from a vehicle accident in March 1995; and WHEREAS, Lieutenant Traylor was recognized with an EMS Lifesave Award for his actions in April 1995, which saved the life of a cardiac arrest patient; and WHEREAS, Lieutenant Traylor was awarded the Chesterfield Fire and Emergency Medical Services Department Medal of Valor, as well as an EMS Lifesave Award, for his heroic actions during Tropical Storm Gaston in August 2004, including breaching a roof and masonry walls, and carrying people to safety over a makeshift ladder bridge during the rescue of occupants at the Falling Creek Apartments, and was also recognized by the International Association of Fire Chiefs, receiving the Benjamin Franklin Fire Service Award of Valor for those actions; and WHEREAS, Lieutenant Traylor was recognized for being a member of a team that rescued a tree-service worker who was trapped 50 feet up in a tree and unable to descend due to a malfunctioning harness in March 2010. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes the contributions of Lieutenant Steven V. Traylor, expresses the appreciation of all residents for his service to the county, and extends gratitude for his dedicated service and congratulations upon his retirement. Ayes: Warren, Jaeckle, Holland, Durfee, and Gecker. Nays: None. 8.B.l.c. RECOGNIZING MS. YESHI LEMMA AS A CHESTERFIELD COUNTY 2011 NATIONAL ACHIEVEMENT SCHOLARSHIP FTAT~T.T CT On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board adopted the following resolution: WHEREAS, Chesterfield County is a four-time winner of recognition as "One of the 100 Best Communities in America for Young People" by General Colin Powell's organization, America's Promise-the Alliance for Youth; and WHEREAS, Chesterfield County Public Schools are consistently rated highly for providing what parents want for their children's education; and WHEREAS, while the county and its schools can provide many opportunities for young people to succeed, it is the diligence and personal pursuit of excellence on the part of a young person that ultimately ensures their success; and WHEREAS, Ms. Yeshi Lemma of Manchester High School has excelled in her academic pursuits; and WHEREAS, this young scholar has been named as a finalist in the 2011 National Achievement Scholarship program; and J J J 11-260 WHEREAS, Ms. Lemma now has an opportunity to earn one of approximately 800 Achievement Scholarship Awards, worth more than $2.5 million, that will be offered this spring to African American high school seniors who are among the highest-scoring entrants this year; and WHEREAS, Chesterfield County is proud of the accomplishments of Ms. Lemma, and on behalf of the citizens of Chesterfield County, extends sincere congratulations. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes Ms. Yeshi Lemma for her scholastic achievements, and extends best wishes for continued academic and personal success. Ayes: Warren, Jaeckle, Holland, Durfee, and Gecker. Nays: None. 8.B.l.d. RECOGNIZING MAY 2-6, 2011, AS "BUSINESS APPRECIATION WEEK" IN CHESTERFIELD COUNTY On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board adopted the following resolution: WHEREAS, Chesterfield County has a diverse base of business and industry that supports our local economy; and WHEREAS, these seven thousand four hundred seventy four businesses are both domestically and internationally based and range in size from very small entrepreneurial companies to large corporations; and WHERAS, these businesses have found Chesterfield County to be a very attractive place to conduct business and recruit and retain skilled employees; and WHEREAS, nearly $120 million has been invested and 531 new jobs created by industry thus far in Fiscal Year 2010- 2011, with the total impact of County businesses being an integral part of the local economy and vital to supporting the high quality of life enjoyed by Chesterfield residents; and WHEREAS, these businesses provide 113,673 essential employment opportunities for the residents of Chesterfield County, as well as incorporate new technologies that make them more competitive and sustainable long into the future; and WHEREAS, business tax revenues are critical in offsetting the cost of county-provided services these businesses created more than $165 million of new construction in 2010 contributing more than $1.5 million an additional in real estate tax revenue. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors hereby expresses its gratitude on behalf of county residents to all businesses and industries located in Chesterfield for their contributions over many years by recognizing May 2-6, 2011, as "Business Appreciation Week . " 11-261 AND, BE IT FURTHER RESOLVED that a copy of this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Ayes: Warren, Jaeckle, Holland, Durfee, and Gecker. Nays: None. 8.B.l.e. RECOGNIZING MAY 15-21, 2011, AS "NATIONAL EMERGENCY MEDICAL SERVICES WEEK" On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board adopted the following resolution: WHEREAS, providing emergency medical services is a vital public function; and WHEREAS, the members of emergency medical services are ready to provide high quality lifesaving care to those in need twenty four hours a day, seven days a week; and WHEREAS, immediate access to high quality emergency care dramatically improves the survival and recovery rate of those who experience sudden illness or injury; and WHEREAS, injury prevention and the appropriate use of the EMS system will help reduce national health care costs; and WHEREAS, the emergency medical service is comprised of emergency physicians, emergency nurses, emergency medical technicians, paramedics, firefighters, communications officers, educators, administrators and others; and WHEREAS, working together, Chesterfield County's emergency crews responded to more than 25,000 medical emergencies in 2010, representing countless hours of dedicated service to the community; and WHEREAS, the members of emergency medical services, whether career or volunteer, engage in many hours of specialized training and continuing education to enhance their lifesaving skills; and WHEREAS, the residents and guests of Chesterfield County benefit daily from the knowledge, skills, and dedication of these highly trained individuals; and WHEREAS, it is appropriate to recognize the value and the accomplishments of the emergency medical services providers from Chesterfield Fire and EMS, Defense Supply Center Richmond, Chesterfield County's Emergency Communications Center, and the volunteer rescue squads of Bensley-Bermuda, Ettrick-Matoaca, Forest View, and Manchester. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes the week of May 15-21, 2011, as "Emergency Medical Services Week." J J J 11-262 AND, BE IT FURTHER RESOLVED that a copy of this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Ayes: Warren, Jaeckle, Holland, Durfee, and Gecker. Nays: None. 8.B.l.g. RESOLUTION RECOGNIZING APRIL 2011, AS "FAIR HOUSING MONTH" IN CHESTERFIELD COUNTY On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board adopted the following resolution: WHEREAS, Chesterfield County is proud to join the U.S. Department of Housing and Urban Development in celebrating the 43rd anniversary of the passage of the. federal Fair Housing Act (title VIII of the Civil Rights Act of 1968, as amended by the Fair Housing Amendments Act of 1988); and WHEREAS, the month of April has been designated by the U.S. Department of Housing and Urban Development as National Fair Housing Month; and WHEREAS the Fair Housing Act provides that no person shall be subjected to discrimination because of race, color, religion, sex, national origin, disability, or familial status in the rental, sale, financing or advertising of housing, and the Virginia Fair Housing Law also prohibits housing discrimination based on elderliness; and WHEREAS, Chesterfield County supports the efforts of local agencies, nonprofits, the private sector, and individuals in ensuring compliance with Fair Housing laws; WHEREAS, since 1994, using its allocation of federal funds through the U.S. Department of Housing and Urban Development, Chesterfield County provided housing rehabilitation and repair to over 250 housing units, assisted in financing over 85 units of new affordable housing and provided assistance with down payment and closing costs for 200 first time homebuyers. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes April 2011, as "Fair Housing Month" in Chesterfield County and seeks to affirmatively further fair housing throughout the year. Ayes: Warren, Jaeckle, Holland, Durfee, and Gecker. Nays: None. 8.B.2. APPROVAL OF CHANGE ORDER TO UNITED REFRIGERATION OF VIRGINIA, INCORPORATED FOR THE CONSTRUCTION OF THE SECURITY, HVAC AND ELECTRICAL UPGRADES AT THE CHESTERFIELD COUNTY JAIL ANNEX On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board authorized the County Administrator to execute a change order with United Refrigeration of Virginia, Inc. in the amount of $66,488.00 for the security, HVAC and electrical upgrades at the Chesterfield County Jail Annex. Ayes: Warren, Jaeckle, Holland, Durfee, and Gecker. Nays: None. 11-263 8.B.3. REQUEST FOR A MUSIC/ENTERTAINMENT FESTIVAL PERMIT FOR CHESTERFIELD BERRY FARM'S MUSIC FESTIVAL SERIES On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board granted a music/entertainment festival permit for Chesterfield Berry Farm's Music Festival Series on Saturdays and Sundays from April 30, 2011 through June 6, 2011. Ayes: Warren, Jaeckle, Holland, Durfee, and Gecker. Nays: None. 8.B.4. STATE ROAD ACCEPTANCES On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board adopted the following resolution: WHEREAS, the streets described below are shown on plats recorded in the Clerk's Office of the .Circuit Court of Chesterfield County; and WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised this Board the streets meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation. NOW, THEREFORE, BE IT RESOLVED, that this Board requests the Virginia Department of Transportation to add the streets described below to the secondary system of state highways, pursuant to Section 33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements. AND, BE IT FURTHER RESOLVED, that this Board guarantees a clear and unrestricted right-of-way, as described, and any necessary easements for cuts, fills and drainage. AND, BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. Project/Subdivision: Oxford Village Section A at Charter Colony Type Change to the Secondary System of State Highways: Reason for Change: New subdivision street Pursuant to Code of Virginia Statute: §33.1-229 Street Name and/or Route Number • Nailor Way, State Route Number 7158 From: 0.02 miles northeast of Newburg Lane, (Route 7419) To: 0.03 miles northeast of Newburg Lane, (Route 7419), a distance of: 0.01 miles. Recordation Reference: Pb. 191, Pg. 1 Right of Way width (feet) = 44 • Nailor Way, State Route Number 7158 From: 0.03 miles northeast of Newburg Lane, (Route 7419) To: 0.06 miles northeast of Newburg Lane, (Route 7419), a distance of: 0.03 miles. Recordation Reference: Pb. 191, Pg. 1 Right of Way width (feet) = var J J J 11-264 • Nailor Way, State Route Number 7158 From: 0.06 miles northeast of Newburg Lane, (Route 7419) To: Nailor Cr., (Route 7553), a distance of: 0.02 miles. Recordation Reference: Pb. 191, Pg. 1 Right of Way width (feet) = 44 • Nailor Way, State Route Number 7158 From: 0.06 miles northeast of Newburg Lane, (Route 7419) To: Nailor Cr., (Route 7553), a distance of: 0.02 miles. Recordation Reference: Pb. 191, Pg. 1 Right of Way width (feet) = 44 • Nailor Way, State Route Number 7158 From: Nailor Cr., (Route 7553) To: Nailor Cr., (Route 7553), a distance of: 0.06 miles. Recordation Reference: Pb. 191, Pg. 1 Right of Way width (feet) = 44 • Nailor Circle, State Route Number 7553 From: Nailor Way, (Route 7158) To: Nailor Way, (Route 7158), a distance of: 0.12 miles. Recordation Reference: Pb. 191, Pg. 1 Right of Way width (feet) = 44 And, further, the Board adopted the following resolution: WHEREAS, the streets described below are shown on plats recorded in the Clerk's Office of the Circuit Court of Chesterfield County; and WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised this Board the streets meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation. NOW, THEREFORE, BE IT RESOLVED, that this Board requests the Virginia Department of Transportation to add the streets described below to the secondary system of state highways, pursuant to Section 33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements. AND, BE IT FURTHER RESOLVED, that this Board guarantees a clear and unrestricted right-of-way, as described, and any necessary easements for cuts, fills and drainage. AND, BE IT FURTHER .RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. Project/Subdivision: Hallsley Section 1 - remainder of Type Change to the Secondary System of State Highways: Addition Reason for Change: New subdivision street Pursuant to Code of Virginia Statute: X33.1-229 Street Name and/or Route Number • Idstone Way, State Route Number 7550 From: Beedon Drive, (Route 7549) To: Ripon Road, (Route 7551), a distance of: 0.05 miles. Recordation Reference: Pb. 174, Pg. 1 Right of Way width (feet) = 44 11-265 • Idstone Way, State Route Number 7550 From: Ripon Road, (Route 7551} To: Cul-de-sac, a distance of: 0.05 miles. Recordation Reference: Pb. 174, Pg. 1 Right of Way width (feet) = 44 • Beedon Drive, State Route Number 7549 From: Idstone Way, (Route 7550) To: Cul-de-sac, a distance of: 0.04 miles. Recordation Reference: Pb. 174, Pg. 1 Right of Way width (feet) = 50 • Beedon Drive, State Route Number 7549 From: Old Hundred Road, (Route 652) To: Idstone Way, (Route 7550), a distance of: 0.05 miles. Recordation Reference: Pb. 174, Pg. 1 Right of Way width (feet) = 50 • Draycot Drive, State Route Number 7454 From: Baltrey Lane, (Route 7552) To: 0.05 miles south of Baltrey Lane, (Route 7552), a distance of: 0.05 miles. Recordation Reference: Pb. 174, Pg. 1 Right of Way width (feet) = 44 • Baltrey Lane, State Route Number 7552 From: Ripon Road, (Route 7551) To: Draycot Drive, (Route 7454), a distance of: 0.14 miles. Recordation Reference: Pb. 174, Pg. 1 Right of Way width (feet) = 44 • Draycot Drive, State Route Number 7454 From: Baltrey Lane, (Route 7552) To: Cul-de-sac, a distance of: 0.04 miles. Recordation Reference: Pb. 174, Pg. 1 Right of Way width (feet) = 44 • Baltrey Lane, State Route Number 7552 From: Ripon Road, (Route 7551) To: Cul-de-sac, a distance of: 0.02 miles. Recordation Reference: Pb. 174, Pg. 1 Right of Way width (feet) = 44 • Ripon Road, State Route Number 7551 From: Idstone Way, (Route 7550) To: Baltrey Lane, (Route 7552), a distance of: 0.08 miles. Recordation Reference: Pb. 174, Pg. 1 Right of Way width (feet) = 44 Ayes: Warren, Jaeckle, Holland, Durfee, and Gecker. Nays: None. 8.B.5. REQUESTS FOR PERMISSION 8.B.5.a. FROM ANDREW L. WILHELM AND TIFFANY N. WILHELM FOR A PROPOSED FENCE TO ENCROACH WITHIN A TWENTY-FOOT SEWER AND DRAINAGE EASEMENT AND A TEN-FOOT EASEMENT ACROSS LOT 21, FOREST VIEW, SECTION 4 On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board granted Andrew L. Wilhelm and Tiffany N. Wilhelm permission for a proposed fence to encroach within a 20' sewer and drainage easement and a 10' easement across Lot 21, Forest View, Section 4, subject to the execution of a license J J 11-266 agreement. (It is noted a copy of the plat is filed with the papers of the Board.) Ayes: Warren, Jaeckle, Holland, Durfee, and Gecker. Nays: None. 8.B.5.b. FROM JOE BYRD AND TERESA L. BYRD FOR APROPOSED ABOVE GROUND SWIMMING POOL TO ENCROACH WITHIN AN EIGHT-FOOT EASEMENT AND A TEN-FOOT TEMPORARY CONSTRUCTION EASEMENT ACROSS LOT 1, SECOND BRANCH, SECTION 2, RESUBDIVISION OF LOTS 10 AND 11 On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board. granted Joe Byrd and Teresa L. Byrd permission for a proposed above ground swimming pool to encroach within an 8' easement and a 10' temporary construction easement across Lot 1, Second Branch, Section 2, Resubdivision of Lots 10 and 11, subject to the execution of a license agreement. (It is noted a copy of the plat is filed with the papers of the Board.). Ayes: Warren, Jaeckle, Holland, Durfee, and Gecker. Nays: None. 8.B.5.c. FROM MICHAEL H. LACKEY, JR. AND JENNIFER L. LACKEY FOR A PROPOSED FENCE TO ENCROACH WITHIN A SIXTEEN- FOOT DRAINAGE EASEMENT ACROSS LOT 9, GREENSIDE, SECTION ONE, AT RIVER'S BEND On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board granted Michael H. Lackey, Jr. and Jennifer L. Lackey permission for a proposed fence to encroach within a 16' drainage easement across Lot 9, Greenside, Section One, At River's Bend, Subject to the execution of a license agreement. (It is noted a copy of the plat is filed with the papers of the Board.) Ayes: Warren, Jaeckle, Holland, Durfee, and Gecker. Nays: None. 8.B.5.d. FROM MARK A. MACINNIS FOR A PROPOSED FENCE TO ENCROACH WITHIN AN EIGHT-FOOT EASEMENT ACROSS LOT 14, SEDWICK VILLAGE, SECTION B AT CHARTER COLONY On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board granted Mark A. MacInnis permission for a proposed fence to encroach within an 8' easement across Lot 14, Sedwick Village, Section B 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 the Board.) Ayes: Warren, Jaeckle, Holland, Durfee, and Gecker. Nays: None. 8.B.5.e. FROM WACHOVIA BANK FOR A SIGN TO ENCROACH WITHIN A TEN-FOOT WATER EASEMENT ACROSS PROPERTY ON MIDLOTHIAN TURNPIKE On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board granted Wachovia Bank permission for a sign to encroach 11-267 within a 10' water easement across property at 13530 Midlothian Turnpike, subject to the execution of a license agreement. (It is noted a copy of the plat is filed with the papers of the Board.) Ayes: Warren, Jaeckle, Holland, Durfee, and Gecker. Nays: None. 8.B.6. AUTHORIZATION FOR THE COUNTY ADMINISTRATOR TO EXECUTE AN AMENDMENT TO AN EXISTING CONTRACT WITH AAC TECHNOLOGY PARTNERS, LLC, TO PROVIDE UTILITIES STAFF WITH AN ADDITIONAL TWO MONTHS OF PROJECT MANAGEMENT AND QUALITY ASSURANCE SERVICES FOR THE NEW CUSTOMER INFORMATION SYSTEM THAT REPLACES THE EXISTING BILLING SYSTEM On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board authorized the County Administrator to execute an amendment to an existing contract with AAC Technology Partners, LLC, in an amount up to $45,866, for additional two months to provide Utilities staff with project management and quality assurance services for the new Customer Information System, with the ability, under the authorization of the County Administrator, to extend services an additional two months if further project implementation and/or staff training services are needed. Ayes: Warren, Jaeckle, Holland, Durfee, and Gecker. Nays: None. 8.B.7. DESIGNATION OF A VIRGINIA DEPARTMENT OF TRANSPORTATION DRAINAGE EASEMENT ALONG BRANDERMILL PARKWAY On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board designated a Virginia Department of Transportation drainage easement along Brandermill Parkway and authorized the County Administrator to execute the Declaration. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Warren, Jaeckle, Holland, Durfee, and Gecker. Nays: None. 8.B.8. REQUEST TO QUITCLAIM SIXTEEN-FOOT SEWER EASEMENTS ACROSS THE PROPERTY OF FERN SPRINGS LLC On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute a quitclaim deed to vacate 16' sewer easements across the property of Fern Springs LLC. (It is noted a copy of the plat is filed with the papers of the Board.) Ayes: Warren, Jaeckle, Holland, Durfee, and Gecker. Nays: None. J J J 11-268 The following item was removed from the Consent Agenda for Board discussion: 8.B.9. DESIGNATION OF FY2012 CHESTERFIELD ROAD FUND (REVENUE SHARING) PROJECTS AND CORRESPONDING FUNDING SOURCES Mr. McCracken stated this proposal is an opportunity for the county to seek additional matching funds with VDOT for various transportation improvements. He further stated the three options presented to the Board all involve priority projects and some level of local project developments. In response to Mr. Gecker's question regarding the widening of Route 10, Mr. McCracken stated the cost estimate for the project is $4 million. He further stated the $2.5 million proposed in Alternate C for the Route 360 project would complete improvements from Winterpock Road to Woodlake Village. Mr. Gecker stated the ability to begin and complete projects is a high priority. Mr. McCracken stated if the Commonwealth Transportation Board sees that there is a strong interest by local governments to address transportation problems, there should be support for providing funds in the future. In response to Ms. Durfee's question, Mr. McCracken stated today was very active in terms of discussions with Board members in compiling the three, alternatives. He further stated the job of Transportation staff is to carry out the will of the Board. He further stated each district has individual needs, which are taken into consideration. Ms. Durfee stated research data and supporting documents are required to determine transportation needs. She expressed concerns regarding lack of supporting language regarding Hull Street from Winterpock Road to Hampton Park Drive and the current bottleneck issue. In response to Ms. Durfee's concerns regarding the widening of Route 360, Mr. McCracken stated the priority list approved by the Board was the determining factor staff used in terms of allocating funds. Ms. Durfee stated supporting the bottleneck issues on Route the county. language is needed to address 360 or any particular area in Mr. Holland stated he supports the idea of completing large projects and getting the most out of the allocated funds. He expressed concerns regarding lack of interest in road projects within the Dale District. Ms. Jaeckle expressed appreciation to Mr. McCracken and his staff for their hard work. She stated it is important to focus on the transportation system to support economic development within .the county, not only in specific districts. In response to Mr. Warren's questions, Mr. McCracken stated all three alternatives were approached in regards to the priority list the Board approved. He further stated 11-269 Attachment B identifies the projects for the original $2 million magisterial district rotation. He stated there was support from all Board members to continue with the program. He further stated Attachment C identifies alternatives for how the $18 million (maximum match) funding could be allocated. Discussion ensued regarding the proposed supporting language requested by Ms. Durfee to continue the widening of 360 westbound from Winterpock Road to Hampton Park Drive. Ms. Durfee expressed concerns relative to the volume of traffic from Commonwealth 20 westbound along Hull Street to Hampton Park Drive. In response to Mr. Holland's question regarding the project savings and estimates, Mr. McCracken stated the economy is improving and that costs will reflect the improving economy. Ms. Jaeckle made a motion, seconded by Mr. Gecker, for the Board to adopt Alternate C and discuss the use of any surplus funds after the projects have been completed. Mr. Holland made a friendly amendment for surplus funds to be allocated to Newbys Bridge Road. Ms. Jaeckle did not accept Mr Mr. Holland made a substitute Alternate C and that surplus Newbys Bridge Road. Holland's suggested amendment. motion for the Board to adopt funds be allocated first to Discussion ensued relative to the unknown cost of improvements for Newbys Bridge Road. Mr. Holland clarified that his substitute motion included allocation of surplus funds, in an amount not to exceed $5 million, for Newbys Bridge Road. Mr. Holland's motion failed due to lack of a second. Ms. Durfee made a friendly amendment to Ms. Jaeckle's original motion for the Route 360 project to include language from Winterpock Road to Hampton Park Drive. Ms. Jaeckle did not accept Ms. Durfee's amendment. Ms. Jaeckle restated her motion for the Board to adopt Alternate C and discuss the use of any surplus funds after the projects have been completed. Mr. Gecker seconded Ms. Jaeckle's motion. Mr. Mincks clarified that Ms. Jaeckle's motion would include allocations requested by staff, including the adoption of Alternate C. Ms. Durfee made a substitute motion, seconded by Mr. Holland, for the Board to support Alternate C and include language for the Hu11 Street project from Winterpock Road to Hampton Park Drive. Ayes: Durfee and Holland. Nays: Warren, Jaeckle, and Gecker. J J J 11-270 Mr. Warren then called for a vote on the motion of Ms. Jaeckle, seconded by Mr. Gecker, for the Board to adopt the following resolution designating Newbys Bridge Road (Valencia Road to Shepherds watch Drive) Reconstruction, Route 1 at DSCR Bridge Replacement Sidewalks, Genito Road/North Beach Road/Harbour Pointe Road Headwalls, Genito Road/Old Hundred Road/Charter Colony Parkway Intersection Sidewalk and Streetlights, and Spirea Road (Mountain Laurel Drive to Sunflower Lane) Sidewalk, and additional project(s) totaling $20 million as the county's FY2012 Chesterfield Road Fund (Revenue Sharing) projects: WHEREAS, Section 33.1-75.1 of the Code of Virginia permits the Commonwealth Transportation Board to make an equivalent matching allocation to any County for designations by the governing body of up to $1,000,000 in funds received by it during the current fiscal year pursuant to the "State and Local Fiscal Assistance Act of 1972" for use by the Commonwealth Transportation Board to construct, maintain, or improve primary and secondary highway systems within such County; and WHEREAS, the Virginia Department of Transportation has advised that changes to Section 33.1-75.1 of the Code of Virginia will increase the maximum amount of funds that can be requested by a locality to $10 million; and WHEREAS, the Chesterfield County Board of Supervisors has made available $10 million for the Chesterfield Road Fund (VDOT Revenue Sharing Program) with the adoption of the FY2012 Appropriation Resolution and other Board action; and WHEREAS, the Virginia Department of Transportation has notified the county that $10 million is the maximum amount of Chesterfield County funds that can be matched by the state during FY2012. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors allocates $10 million to be matched by the State for the FY2012 Chesterfield Road Fund (VDOT Revenue Sharing Program). AND, BE IT FURTHER RESOLVED that the matched funds be allocated to the following projects: $130,600 Newbys Bridge Road (Valencia Road to Shepherds Watch Drive) Reconstruction Preliminary Engineering, Right-of-way and Construction $65,300-VDOT and $65,300-County $634,493 Route 1 at DSCR Bridge Replacement Sidewalks Preliminary Engineering, Right-of-way and Construction $317,246.50-VDOT and $317,246.50-County $400,000 Genito Road/North Beach Road/Harbour Pointe Road Headwalls Preliminary Engineering, Right-of-way and Construction $200,000-VDOT and $200,000-County 11-271 $400,000 Genito Road/Old Hundred Road/Charter Colony Parkway Intersection Sidewalk and Streetlights Preliminary Engineering, Right-of-way and Construction $200,000-VDOT and $200,000-County $434,907 Spirea Road (Mountain Laurel Drive to Sunflower Lane) Sidewalk Preliminary Engineering, Right-of-way and Construction $217,453.50-VDOT and $217,453.50- County $10,000,000 Powhite Parkway (East of Charter Colony Parkway to Watermill Parkway) Widening Preliminary Engineering, Right-of-way and Construction $5,000,000-VDOT and $5,000,000-County $2,500,000 Route 360 (Winterpock Road to Woodlake Village Parkway) Widening Preliminary Engineering, Right-of-way and Construction $1,250,000-VDOT and $1,250,000-County $4,000,000 Route 10 (Route 1 to I-95) Widening Preliminary Engineering, Right-of-way and Construction $2,000,000-VDOT and $2,000,000-County $500,000 Midlothian Sidewalk Preliminary Engineering, Right-of-way and Construction $250,000-VDOT and $250,000-County $500,000 Cogbill Road (Meadowbrook High School to Howell Drive) Sidewalk Preliminary Engineering, Right-of-way and Construction $250,000-VDOT and $250,000-County $200,000 Route 10, Village of Chester, Pedestrian Improvements Preliminary Engineering, Right-of-way and Construction $100,000-VDOT and $100,000-County $300,000 Osborne Road (Cliff Lawn Drive to Wilton Drive) Sidewalk Preliminary Engineering, Right-of-way and Construction $150,000-VDOT and $150,000-County AND, BE IT FURTHER RESOLVED that the Chesterfield County Board of Supervisors directed staff to come back to the Board after these projects are completed, for consideration of the use of surplus funds. J J J 11-272 And, further, upon notification from VDOT, the Board authorized the transfer of $5,500,000 from the 2044 bond sale proceed balance on the Route 10 (I-95 to ware Bottom Spring Rd.) project, $1,300,000 from the Industrial Access Account, $1,000,000 in savings from other completed transportation projects/general road improvement funds, $500,000 from the FY2012 Capital Improvement Program for the revenue sharing program, $634,700 from the reserve for capital projects, and appropriation and transfer of up to $1,000,000 in Shed 6 transportation proffers (use per policy) into the Chesterfield Road Fund local match account. And, further, the Board authorized the County Administrator to enter into the necessary county/VDOT agreements/contracts, permits/mitigation agreements, and surety agreements, acceptable to the County Attorney, for the projects; and authorized the County Administrator to proceed with the design and right-of-way acquisition, including advertisement of an eminent domain public hearing, if necessary; and authorized the Chairman of the Board of Supervisors and County Administrator to execute easement agreements for relocation of utilities; and authorized the County Administrator to proceed with the advertisement for construction of the projects. Ayes: Warren, Jaeckle, Holland, and Gecker. Nays: Durfee. Ms. Durfee read the following statement: It is extremely important for a locality to depend on its staff, especially when the staff provides the expertise and can back up the recommendations they provide. In the case of Transportation, Mr. McCracken and his staff not only bring strong expertise through local and state experience, but history associated with borrowing projects. This should not be overlooked, and I would rather rely on engineers than lawyers to determine what criteria, and how it should be used to determine our priorities in transportation. It is always best to rely on current data, research, supporting information and documents in the decision-making process. Anything contrary to that creates havoc in the system. This Board did not have the input and the criteria, nor did it establish the criteria to be used in determining our transportation priority list and it jeopardizes the trust bestowed in us by the people on how we use taxpayer money. Most concerning to me is how this process was considered, either all of us were misinformed in March, misguided or misdirected. Last month, the transportation priority list was allowed to be crafted very haphazardly. If we had supported and followed the original list by Mr. McCracken's office, we currently would be talking about considering the top four or five in the recommended list. The number one project, which was a new project, could not be considered because it was cost prohibited at this time. Therefore, if we were looking at Mr. McCracken's list, we would be looking at number two, three, four and five if we had stayed with his list and the primary focus would have been on Route 10 and Route 360. Route 360 from 288 to Otterdale has been a long-standing regional and county project to be improved and based on documented sources. According to the Richmond Regional Planning District Commission, the Route 360 project to Otterdale has been on the books since 1999. In 2000 and 2001, 11-273 the scope of the project was changed, not because of need, but because of the funding; this is consistent with my conversations with Mr. McCracken and other experts. Conveniently, last month, Route 360 was pushed down on the list and strangely Powhite Parkway was bumped up to number three from the original spot of number 11. The question is why, how could this happen, and more importantly who benefits? Some folks would have the public believe that it is in the name of economic development, and I do support projects that have potential for economic development, with supporting data, but not over-existing economic development engines that we have here today, like the Swift Creek submarket, which is from Commonwealth 20 all the way out, not over existing projects, certainly not over data, research and criteria like levels of service and accident rate volume and information we have here today. What is most baffling, but not surprising, unless there is another agenda, is how we would consider putting money on the Powhite Parkway over Route 360 or any other existing need. Given the instability of the economy it becomes even more perplexing, no one knows how long it will take for banks to ease up on lending money for future projects, even the most reputable have trouble getting money. It could be 5 years plus or more before we would see any economic development potential that could transpire from the Powhite Parkway to Watermill. What is clearly overlooked is we need to take care of what we have to strengthen our current businesses and business opportunities on 360. Quite frankly the businesses and residents have patiently waited for the county to deliver. Remember this was a project that was on the books in the county since 1999. One of our delegates owns a business in Harbour Pointe, I'm sure she and others would not be pleased if this county hinders their ability to thrive their businesses due to transportation infrastructure that is overlooked; they would not be very happy, they would be very disappointed that we chose to take taxpayer money and put it on what we may believe as future economic development with a big question mark behind it. One of our themes in our new Comprehensive Plan is to take care of what we have before the new, but I guess that doesn't apply to the Matoaca District. Obviously you saw the vote; three people decide that the bottleneck is not important to solve in the Hull Street corridor. Tell that to the businesses; tell that to Chamber; tell that to the CBC. The determination of this revenue sharing money is extremely important to the county and extremely dependant on our ability to utilize our staff and other experts, both state and local to make the very best decisions. The county's process and the Board's action is a very bad example of governing. We are to be encouraging and working towards a more open and transparent government, but instead in the 11tH hour we have created confusion and left our citizens, and most importantly our businesses who are most effective, out of the equation. At least if we wanted to include economic development as a reason, then where were Mr. Will Davis and his staff in this process? It would have been my hope that we would have followed a better process, with data, analysis, data-driven process, not a political driven one, and I would hope that we would have focused our efforts on the distribution of funding to our existing and long-standing needs, and if there is a desire to extend beyond that, then we should create a comprehensive strategic transportation plan along with a revenue funding source to determine where and how we should spend our money. Additionally, to that, we J J J 11-274 should also communicate loosely with our state legislators to determine what our future transportation needs will be. I will finish by saying that yesterday evening I had attended an event where a motor assistant had come up to me and was aware of the situation and he indicated to me that he had been a motor assistant for nine years with the county and he wanted me to state that this is the section of Route 360, from Winterpock out, is the most disconcerting section in the county of all of the roads that he has to cover in Chesterfield County, not just because of the congestion, but because of the safety aspect of people's inability to have nowhere to go in a bottleneck situation.' I also have to deliver to the Board members letters from two business people and residents of the Woodlake community, which represents a large number of homes in that corridor. Woodlake has been around almost thirty years, Mr. Dupler and I, you live in Woodlake and have been there I don't know how many years and we indicated that people have been waiting a long time to get their facilities and services, maybe because others have their hands out and won't let the Matoaca District have their opportunities. While I support other districts' ability to solve their bottleneck issues, I would greatly appreciate the respect back from my colleagues; I know Mr. Holland does, to be able to support the bottleneck that I have on 360. Limiting a supervisor's ability to be able to have flexible language to solve a bottleneck shows the short-sidedness that we have, and also strengthens a political driven process which is very disappointing to the public. I don't think the people elected this new Board to resemble what the old Board was, but I will say to you that you probably disappointed many people in the business community who depend on transportation infrastructure to be able to have people come to their businesses. Thank you. Mr. Gecker noted that Alternate C transferred more funding to the Hull Street Project than Alternates A and B, at the expense of projects in other districts. He stated the Matoaca District was actually the beneficiary of the rearrangement of the allocated funds. Ms. Durfee expressed concerns that the Board had no data criteria to use for analysis to determine the allocation of funds. 9. REPORTS 9.A. REPORT ON STATUS OF GENERAL FUND BALANCE, RESERVE FOR FUTURE CAPITAL PROJECTS, DISTRICT IMPROVEMENT FUNDS AND LEASE PURCHASES On motion of Mr. Holland, seconded by Mr. Warren, the Board accepted the following report: a Report on Status of General Fund Balance, Reserve for Future Capital Projects, District Improvement Funds and Lease Purchases. Ayes: warren, Jaeckle, Holland, Durfee, and Gecker. Nays: None. 11-275 10. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED MATTERS There were no requests to address the Board at this time. 11. DINNER On motion of Mr. Holland, seconded by Ms. Durfee, the Board recessed to Room 303, for dinner. Ayes: Warren, Jaeckle, Holland, Durfee, and Gecker. Nays: None. Reconvening: 12. INVOCATION Reverend Jason Elmore, Pastor of Bethia United Methodist Church gave the invocation. 13. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Interim Deputy County Administrator William Dupler led the Pledge of Allegiance to the flag of the United States of America. On motion of Mr. Warren, seconded by Mr. Holland, the Board suspended its rules to add an item to the end of the agenda to approve the appointment of the Deputy County Administrator for Community Development. Ayes: Warren, Jaeckle, Holland, Durfee, and Gecker. Nays: None. 14. RESOLUTIONS 14.A. RECOGNIZING THE MEALS ON WHEELS PROGRAM AND THE RAPHAEL FAMILY FOR THEIR SERVICE THROUGH THE PROGRAM Mr. Kappel introduced Mr. Buck Herbert, Vice President of Human Resources for Feed More, Inc. and Ms. Ashley Raphael who were present to receive the resolution. On motion of Mr. Warren, seconded by Mr. Holland, the Board adopted the following resolution: WHEREAS, for many seniors, people with disabilities and disadvantaged individuals, satisfying the basic human needs for nutrition and contact with others can sometimes be a challenge; and WHEREAS, over the past four decades, Meals on Wheels, a volunteer-driven organization under the umbrella of Feed More, Inc., has helped feed these vulnerable members of the community; and J J J 11-276 WHEREAS, in Chesterfield program operates out of the Courthouse Road; and County, the Meals on Wheels Central Baptist Church on WHEREAS, each day, Meals on Wheels serves more than 1,000 balanced, nutritious and appealing meals to clients in Richmond, Petersburg, Colonial Heights, Hopewell and the counties of Charles City, Chesterfield, Goochland, Hanover, Henrico, New Kent and Powhatan; and WHEREAS, this year, about 265,000 meals will be delivered to more than 1,500 clients throughout Central Virginia; and WHEREAS, the program depends on many caring and dedicated volunteers who not only deliver nutritious meals, but also check on the well-being of the clients they serve; and WHEREAS, among those outstanding volunteers who serve the community through the Meals on Wheels program are the members of the Raphael family of the Clover Hill Magisterial District; and WHEREAS, Ashley Raphael and her children, Kieran, Selma and Finlay, have helped to feed many clients, exemplifying the "Neighbors Helping Neighbors" philosophy of the Meals on Wheels program; and WHEREAS, without caring people like the Raphaels, many seniors, disabled and disadvantaged individuals in Central Virginia would spend their days hungry and isolated; and WHEREAS, the contributions of the Raphael family and the many other volunteers involved in the Meals on Wheels program, as well as the Central Virginia Food Bank and the Community Kitchen, also programs under the auspices of Feed More, Inc., are heartwarming and vital to the communities they serve. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 27th day of April 2011, hereby recognizes the tremendous contributions of the Meals on Wheels program to quality of life for so many senior, disabled and disadvantaged residents of Central Virginia, and commends Ashley, Kieran, Selma and Finlay Raphael for their outstanding civic-minded service through the Meals on Wheels program, and expresses, on behalf of the residents of Chesterfield County, appreciation for their charitable work and that of the many other dedicated Meals on Wheels volunteers. AND, BE IT FURTHER RESOLVED that a copy of this resolution be presented to the Raphael family, and that this resolution be recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Ayes: Warren, Jaeckle, Holland, Durfee, and Gecker. Nays: None. Mr. Warren presented executed resolutions to Mr. Herbert and Ms. Raphael and expressed appreciation for their contributions to the Meals on Wheels program. 11-277 Mr. Herbert expressed appreciation to the Board for their support and to the volunteers for their charitable work. 15. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED MATTERS Mr. Bob Herndon addressed the Board relative to public transit. Mr. L.J. McCoy addressed the Board relative to concerns regarding redistricting procedures. 16. 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 18 11SN0185 In Bermuda Magisterial District, Holiday Signs c/o Allen M. Twedt requests conditional use planned development approval and amendment of zoning district map to permit exceptions to Ordinance requirements relative to signage in a Community Business (C-3) District on 5 acres fronting 214 feet on the south line of [Wiest Hundred Road, 210 feet west of I-95. Density will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for commercial use. Tax IDs 800-654-2613 and 2833. Mr. Turner presented a summary of Case 11SN0185 and stated Ms. Jaeckle has requested a 30-day deferral. Mr. Allen Twedt accepted the deferral request. Mr. Warren called for public comment. There being no one to address the deferral, the public hearing was closed. Ms. Jaeckle made a motion, seconded by Mr. Gecker, for the Board to defer Case 11SN0185 until May 25, 2011. Ayes: Warren, Jaeckle, Holland, Durfee, and Gecker. Nays: None. 115N0174 In Dale Magisterial District, Shawn N. Stone and Larry D. Stone request conditional use approval and amendment of zoning district map to permit a family day care home in a Residential (R-7) District on .4 acre known as 5933 Fieldstone Road. Density will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for commercial use. Tax IDs 800-654-2613 and 2833. J J J 11-278 Mr. Turner presented a summary of Case 11SN0174 and stated both the Planning Commission and staff recommended approval subject to the conditions and acceptance of the proffered conditions. Ms. Shawn N. Stone and Mr. Larry D. Stone accepted the recommendation and presented the Board with a petition in support of the request. Mr. Warren called for public comment. There being no one to address the request, the public hearing was closed. Mr. Holland made a motion, seconded by Ms. Durfee, for the Board to approve Case 11SN0174, and accept the following conditions: 1. This conditional use approval shall be granted to and for, Shawn N. Stone and Larry D. Stone, exclusively, and shall not be transferable nor run with the land. (P) 2. There shall be no exterior additions or alterations to the existing structure to accommodate this use. (P) And, further, the Board accepted the following proffered conditions: 1. This conditional use shall be granted for a period not to exceed three (3) years from date of approval. (P) 2. There shall be no signs permitted to identify this use. (P) 3. This conditional use shall be limited to providing care, protection and guidance to a maximum of nine (9) children, other than the applicant's own children, at any one time. (P) 4. Hours and days of operation shall be limited to Mondays through Fridays from 7 a.m. to 6 p.m. There shall be no Saturday or Sunday operation of this use. (P) Ayes: Warren, Jaeckle, Holland, Durfee, and Gecker. Nays: None. 11SN0186 In Dale Magisterial District, John Netto requests conditional use approval and amendment of zoning district map to permit office uses in an Agricultural (A) District on .5 acre known as 7227 Iron Bridge Road. Density will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for, mixed use corridor use. Tax ID 773-675-0263. Mr. Turner presented a summary of Case 11SN0186 and stated both the Planning Commission and staff recommended approval and acceptance of the proffered conditions. 11-279 Mr. Christopher Brown, representing the applicant, accepted the recommendation. Mr. Warren called for public comment. There being no one to address the request, the public hearing was closed. Mr. Holland made a motion, seconded by Ms. Durfee, for the Board to approve Case 11SN0186, and accept the following proffered conditions: 1. Use. This conditional use shall be limited to use of the existing structure for professional offices. Outside storage shall not be permitted. (P) 2. Exterior Changes. Other than normal maintenance and cosmetic enhancements, there shall be no exterior additions or alterations to the existing structure to accommodate this use. (P) 3. Signage. One (1) sign not exceeding one (1) square foot in area shall be permitted to identify this use. (P) 4. Hours and days of Operation. The hours of operation shall be limited to between 8:00 a.m. and 5:00 p.m., Monday through Friday. There shall be limited operation of the business to no more than five (5) transactions on weekends. (P) 5. Deliveries. No deliveries shall be permitted on weekends or before 9:00 a.m. and after 6:00 p.m. Monday through Friday. (P) 6. Number of employees. No more than three (3) employees shall be working on the property at any one time. (P) 7. Dedication. Prior to any site plan approval or within sixty (60) days of a written request by the Transportation Department, whichever occurs first, one hundred (100) feet of right way on the east side of Iron Bridge Road Route (10), measured from the centerline of that part of Route 10 immediately adjacent to the property, shall be dedicated, free and unrestricted, to and for the benefit of Chesterfield County. (T) 8 . Access . There shall be no direct vehicular access from the property to Route 10. (T) Ayes: Warren, Jaeckle, Holland, Durfee, and Gecker. Nays: None. ~~cun~Qa In Bermuda Magisterial District, Catherine S. Shumaker requests renewal of manufactured home permit 045R0126 to permit a temporary manufactured home in a Residential (R-7) District on .l acre known as 10041 Beaumont Avenue. The density of such amendment is approximately 10 units per acre. The Comprehensive Plan suggests the property is appropriate J J 11-280 for residential use of 2.51-4 units/acre Tax ID 716-671-Part of 6919. Mr. Turner presented a summary of Case 11SN0189 and stated staff recommends approval, subject to the conditions. Ms. Catherine Shumaker accepted the conditions. Mr. Warren called for public comment. There being no one to address the request, the public hearing was closed. Ms. Jaeckle made a motion, seconded by Mr. Gecker, for the Board to approve Case 11SN0189, subject to the following conditions: 1. The applicant shall be the owner and occupant of the manufactured home. (P) 2. This manufactured home permit shall be granted for a period not to exceed seven (7) years from date of approval. (P) 3. No additional permanent-type living space may be added onto this manufactured home. This manufactured home shall be skirted, but shall not be placed on a permanent foundation. (P) Ayes: Warren, Jaeckle, Holland, Durfee, and Gecker. Nays: None. 11SN0150 In Dale Magisterial District, Three Hoos LLC requests rezoning and amendment of zoning district map from Agricultural (A) to Community Business (C-3) on 4.3 acres fronting 510 feet on the north line of Beulah Road, also fronting 350 feet on the east line of Iron Bridge Road. Density will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for mixed use corridor use. Tax IDs 772-674-Parts of 8642 and 9442; and 773-674-1653. Ms. Darla Orr presented a summary of Case 11SN0150 and stated the Planning Commission recommended approval and acceptance of the proffered conditions. She further stated staff recommended denial because the proposed commercial zoning and land uses do not conform to the Central Area Plan, which suggests the property is appropriate for a mix of office and residential uses, except multi-family, and the proposed zoning and land uses are not representative of, nor compatible with, existing and anticipated area residential development. Ms. Carrie Coyner, representing the applicant, requested the Board's approval of the request. She stated the proposed location would be ideal for commercial services. Mr. Warren called for public comment. 11-281 Mr. Daren Gardner, a resident of the Dale District, expressed support for the request. There being no one else to address the request, the public hearing was closed. Mr. Holland made a motion, seconded by Ms. Durfee, for the Board to approve Case 11SN0150 and accept 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 itself and its successors or assigns, proffers that the development of the property known as Chesterfield County Tax ID 772-674-9442 (part of), 772-674-8642 (part of) and 773-674-1653 from A to C-3, and subject to the conditions and provisions as set forth below; however, in the event the request is denied or approved with conditions not agreed to by the Applicant, these proffers 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 devices have been installed. (EE) 2. Utilities. Public water and wastewater systems shall be used. (U) 3. Buffers. A forty (40) foot buffer shall be provided along the eastern property line adjacent to 773-674- 4162, for so long as such property is zoned or used for residential purposes. The buffer shall conform to the requirements of the Zoning Ordinance for buffers and shall be inclusive of required setbacks. To provide additional screening, the buffer shall be supplemented with evergreen plantings along the property line abutting 773-674-4162. The evergreen plantings shall be approved by the Planning Department at the time of site plan approval. No irrigation shall be required. (P) 4. Public Address Systems. Outside public address systems or speakers shall not be used. (P) 5. Dedication. Prior to any site plan approval, or within sixty (60) days of a written request by the Transportation Department, whichever occurs first, the following rights-of-way shall be dedicated, free and unrestricted, to and for the benefit of Chesterfield County: a. One hundred (100) feet of right-of-way, on the east side of Iron Bridge Road (Route 10) measured from the centerline of that part of Route 10 immediately adjacent to the Property; b. Forty-five (45) feet of right-of-way, on the north side of Kingsland Road measured from the J J J 11-282 centerline of that part of Kingsland Road immediately adjacent to the Property; and c. Forty-five (45) feet of right-of-way, on the west side of Beulah Road measured from the centerline of that part of Beulah Road immediately adjacent to the Property. (T) 6. Access. a. There shall be no direct vehicular access from the property to Kingsland Road. b. Direct vehicular access from the property to Route 10 shall be limited to one (1) entrance/exit, generally located at the northern property line. The exact location of this access shall be approved by the Transportation Department. Prior to final site plan approval, an access easement, acceptable to the Transportation Department, shall be recorded from the Route 10 access to serve the adjacent property to the north. c. Direct vehicular access from the property to Beulah Road shall be limited to one (1) entrance/exit, generally located towards the eastern property line. The exact location of this access shall be approved by the Transportation Department. Prior to final site plan approval, an access easement, acceptable to the Transportation Department shall be recorded from the Beulah Road access to serve the adjacent property to the east. (T) 7. Road Improvements. To provide an adequate roadway system, the Developer shall be responsible for the following road improvements: a. Construction of an additional lane of pavement along the northbound lanes of Route 10 from the Route 10/Kingsland Road intersection to the northern property line; b. Construction of additional pavement along the northbound lanes of Route 10 at the approved access to provide a separate right turn lane; c. Construction of an additional lane of pavement along Beulah Road at the .approved access to provide a left and right turn lane; d. Widening /improving the west side of Beulah Road for the entire property frontage to an eleven (11) foot wide travel lane, measured from the existing centerline of the road, with an additional one (1) foot wide paved shoulder plus a seven (7) foot wide unpaved shoulder, and overlaying the full width of the road with one and one half (1.5) inches of compacted bituminous asphalt concrete, with modifications approved by the Transportation Department; 11-283 e. Construction of a sidewalk along the entire property frontage to Route 10, Kingsland Road, and Beulah Road. The exact design and location of this improvement shall be approved by the Transportation Department; and f. Full cost of traffic signal modifications at the Route 10/Kingsland Road intersection, if warranted, as determined by the Transportation Department; g. Dedication to Chesterfield County, free and unrestricted, of any additional right-of-way (or easements) required for the improvements identified above. In the event the Developer is unable to acquire any "off-site" right-of-way that is necessary for the road improvements described in this Proffered Condition, the Developer may request, in writing, that the County acquire such right-of-way as a public road improvement. All reasonable costs associated with the acquisition of the right-of-way shall be borne by the Developer. In the event the County chooses not to assist the Developer in acquisition of the "off-site" right-of-way, the Developer shall be relieved of the obligation to acquire the "off-site" right-of-way as determined by the Transportation Department. (T) 8. Phasing Plan. Prior to any site plan approval, a phasing plan for the required road improvements,, as identified in Proffered Condition 7, shall be submitted to and approved by the Transportation Department. The approved phasing plan shall require, among other things, that prior to the issuance of an occupancy permit for any development with sole vehicular access to Beulah Road and no more than 4,500 square feet of office use, or equivalent traffic generation as determined by the Transportation Department, only the road improvements as identified in Proffered Condition 7.d. and part of 7.e. (sidewalk along Beulah Road only) shall be completed. (T) Ayes: Warren, Jaeckle, Holland, Durfee, and Gecker. Nays: None. 11SN0198 In Matoaca Magisterial District, Donald B. Heslep requests conditional use planned development approval and amendment of zoning district map to permit an off-site directional sign and exceptions to Ordinance requirements in an Agricultural (A) District on 1.3 acres located at the northwest corner of Hull Street and Cosby Roads. Density will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for office/ residential mixed use. Tax ID 716-671-Part of 6919. Ms. Orr presented a summary of Case 11SN0198 and stated the Planning Commission recommended approval and acceptance of the proffered condition. She further stated staff recommended denial because the Zoning Ordinance adequately addressed the identification needs of the use and approval could encourage other businesses to seek similar requests. J J J 11-284 Ms. Irene Williamson, representing the applicant, accepted the conditions. Mr. Warren called for public comment. There being no one to address the request, the public hearing was closed. Ms. Durfee stated this is a great opportunity for the business to be seen from the main road. Ms. Durfee then made a motion, seconded by Mr. Holland, for the Board to approve Case 115N0198 and accepted the following proffered condition: One (1) offsite directional sign for the purpose of identifying a commercial indoor and outdoor recreational use located on tax IDs 716-671-1195 and 716-672-9111 shall be permitted. Such sign shall be limited to a maximum of thirty-six (36) square feet in area and six (6) feet in height. (P) Ayes: Warren, Jaeckle, Holland, Durfee, and Gecker. Nays: None. 17. PUBLIC HEARINGS 17.A. TO CONSIDER AN ORDINANCE TO VACATE A VARIABLE WIDTH UNIMPROVED RIGHT OF WAY KNOWN AS MOSSY OAK ROAD WITHIN FOXFIELD SUBDIVISION Mr. Harmon stated this date and time has been advertised for a public hearing for the Board to consider an ordinance to vacate a variable width unimproved right of way known as Mossy Oak Road within Foxfield Subdivision. Mr. Warren called for public comment. There being no one to speak to the issue, the public hearing was closed. In response to Ms. Durfee's questions, Mr. Turner stated the Planning Commission approved the layout and felt comfortable that the access requirements under the subdivision ordinance were being met with other opportunities. He further stated Quarter Horse Lane will extend to Otterdale Road. Ms. Durfee made a motion, seconded by Mr. Holland, for the Board to defer until May 25, 2011 action consideration of an ordinance to vacate a variable width unimproved right of way known as Mossy Oak Road within Foxfield Subdivision. Ayes: Warren, Jaeckle, Holland, Durfee, and Gecker. Nays: None. 17.B. TO CONSIDER AN ORDINANCE PROVIDING FOR A REAL ESTATE TAX EXEMPTION FOR DISABLED VETERANS Mr. Mincks stated a public hearing providing for a veterans. this date and time for the Board to real estate tax has been advertised for consider an ordinance exemption for disabled 11-285 Mr. Warren called for public comment. Mr. Mark Smith, a resident of the Clover Hill District, spoke in favor of the real estate tax exemption. Mr. Wayne Moore encouraged the Board to adopt the ordinance. Mr. David Rogers, father of a disabled veteran, asked the Board to provide families of disabled veterans with relief and requested clarification regarding the ordinance. Mr. Bill Speeks expressed support of the ordinance. Mr. Will Conklin recommended approval of the proposed ordinance. Mr. Bill Baker, a resident of the Bermuda District, expressed support for the ordinance. There being no one else to speak to the issue, the public hearing was closed. Mr. Holland requested that staff provide clarification to those who presented the Board with questions regarding the tax exemption. Ms. Durfee commended all veterans for their service. Mr. Holland made a motion, seconded by Ms. Durfee, for the Board to adopt the following ordinance: AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY ENACTING SECTION 9-33 RELATING TO REAL ESTATE TAX EXEMPTION FOR DISABLED VETERANS. BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Section 9-33 of the Code of the County of Chesterfield, 1997, as amended, is enacted to read as follows: 9-33. Exemption from taxes on property for disabled veterans; application for exemption. (a) Pursuant to Va. Code § 58.1-3219.5 the County hereby exempts from taxation the dwelling and up to one acre of land upon which the dwelling is situated, including the joint real property of husband and wife, of any veteran who has been rated by the U.S. Department of Veterans Affairs or its successor agency pursuant to federal law to have a 100 percent service-connected, permanent, and total disability, and who occupies the real property as his principal place of residence. (b) The surviving spouse of a veteran eligible for the exemption set forth in this section shall also qualify for the exemption, so long as the death of the veteran occurs on or after January 1, 2011, the surviving spouse does not J J J 11-286 remarry, and the surviving spouse continues to occupy the real property as his principal place of residence. (c) The veteran or surviving spouse claiming the exemption under this section shall file with the commissioner of the revenue, on forms to be supplied by the county, an affidavit or written statement (i) setting forth the name of the disabled veteran and the name of the spouse, if any, also occupying the real property, (ii) indicating whether the real property is jointly owned by a husband and wife, and (iii) certifying that the real property is occupied as the veteran's principal place of residence. The veteran shall also provide documentation from the U.S. Department of Veterans Affairs or its successor agency indicating that the veteran has a 100 percent service-connected, permanent, and total disability. The veteran shall be required to refile the information required by this section only if the veteran's principal place of residence changes. In the event of a surviving spouse of a veteran claiming the exemption, the surviving spouse shall also provide documentation that the veteran's death occurred on or after January 1, 2011. (2) That this ordinance shall become effective as of January 1, 2011 . Ayes: Warren, Jaeckle, Holland, Durfee, and Gecker. Nays: None. 17.C. TO CONSIDER THE EXERCISE OF EMINENT DOMAIN FOR THE ACQUISITION OF RIGHT-OF-WAY AND EASEMENTS FOR THE CHALKLEY ROAD CURVE REALIGNMENT PROJECT NORTH OF ECOFF AVENUE Mr. Dupler stated this date and time has been advertised for a public hearing for the Board to consider the exercise of eminent domain for the acquisition of right-of-way and easements for the Chalkley Road Curve Realignment Project north of Ecoff Avenue. Mr. Warren called for public comment. In response to Mr. Bill Baker's question, Ms. Jaeckle stated staff has been unable to reach agreement with one owner. There being no one else to speak to the issue, the public hearing was closed. Ms. Jaeckle made a motion, seconded by Mr. Gecker, for the Board to authorize the exercise of eminent domain on property located at 11221 Chalkley Road, GPIN 7806574130, for the acquisition of right-of-way and easements for the Chalkley Road Curve Realignment Project, including the filing of certificate of deposit, so that construction may begin prior to the commencement of eminent domain proceedings. Ayes: Warren, Jaeckle, Holland, Durfee, and Gecker. Nays: None. 11-287 17.D. TO CONSIDER AN ORDINANCE REDISTRICTING MAGISTERIAL DISTRICT BOUNDARIES AND ADJUSTING VOTING PRECINCT BOUNDARIES AND POLLING PLACES Mr. Mincks stated this date and time has been advertised for a public hearing for the Board to consider an ordinance redistricting magisterial district boundaries and adjusting voting precinct boundaries and polling places. He further stated in order to achieve population equality, each magisterial district may vary by no more than 5o above or below the average population figure of 63,247. He stated the two advertised plans, Plan A and Plan B, both assure -that each election district will be compact and contiguous, that all election district boundaries will be clear and observable as required by state law, and that no racial retrogression will occur in districts represented by minority representatives, as required by federal law. Mr. Stylian Parthemos, Deputy County Attorney, presented the Board with an overview of both plans, describing the boundaries of each of the areas proposed to be moved from one district to another. He stated Plan A creates three new voting precincts and polling places. He further stated Plan B creates two new voting precincts and polling places. He stated in order to achieve population equality among the districts, significant portions of Matoaca Magisterial District need to be redistricted into Clover Hill, which is below the population average. Mr. Warren called for public comment. Ms. Margaret Davis, a resident of the Bermuda District, expressed support for Plan A. She commended Ms. Jaeckle for her dedication as a supervisor. Mr. Bill Kincaid, a resident of the Clover Hill District, expressed support for Plan A. Mr. Thomas Van Auken, a resident of the Midlothian District, expressed support for Plan A; however, he stated the plan should be changed to reflect the future growth that will occur in Matoaca. Mr. Casey Sowers, an area developer of the Roseland development, stated the Matoaca District is too large for one supervisor to represent. He recommended that the portion of Midlothian District that is proposed to more to Matoaca be retained in Midlothian, where it has been for many years. Mr. Bob Olsen expressed concerns regarding the cost of moving Evergreen West Precinct from Matoaca District to Clover Hill District. Mr. Bill Baker suggested that the Board determine the geographical center of Chesterfield County and slice the districts accordingly. Mr. Donald Williams stated the least amount of people will be affected by Plan A. There being no one else to speak to the issue, the public hearing was closed. J J J 11-288 The following is a verbatim transcript of Board discussion, at the request of a Board member: Mr. Holland - Thank you Mr. Chairman. Certainly I would like to take this opportunity to thank all of the citizens who have come out tonight and who have spoken in regards to the plans, and of course it has always been my intent, my desire to represent well the citizens of Chesterfield. I have always voted in what is the best interest of the citizens, not for me, or what is the best for Jim Holland, but what is best for the citizens, what's in their best interest. As I've said from the outset is this process should be one that you look at the citizen's interest first and foremost, what did they think, and I've listened and I've heard them and certainly it is my intent to as the Virginia Constitution states to indicate that the plan should be contiguous, it really should represent the area that it is and Dale under Plan B did that, however it's also my intent to represent what's best for Dale constituents. And, of course, in my interests and in the interest of Dale, I believe Plan A does that as well and better. Now, I do have a question that I would like to ask in regards to Plan B. I'm not sure how it would be cheaper if we impact twice as many citizens in Plan B as opposed to Plan A, that's a question hopefully Mr. Haake can answer this evening, so I can get clarity on that. And I understand this process is not done either as the General Assembly has to finish its work with respect to its house plans, but it's my intent and its always been my desire to represent, to include, not to exclude, to include our citizens, certainly with respect to my School Board member and any other citizen who wants to run for office, because after all when the last vote is cast it's about America, it's about Virginia, it's about Chesterfield, it's about the people and I have the pleasure of representing the people of Dale and so certainly I look forward to doing that even better and so my interest will be to represent the interest of the people, not Jim Holland, or any other political interest that might be present. Thank you Mr. Chairman. Mr. Warren - Thank you. Ms. Durfee. Ms. Durfee - If you don't mind I would like to yield to my other supervisors and I would like to speak last. Mr. Warren - Ms. Jaeckle. Ms. Jaeckle - I agree that Plan A is the better plan. I think its leaves the Dale and Bermuda District more balanced in many ways. As far as that little piece, and I understand that that could be a precinct problem, we have no idea what precinct problems we're going to have at this point, so we can't totally focus on precincts. This Plan A that was presented to me, this is what was presented to me by the county attorneys as the plan that met the requirement, geographically, it fell along the railroad lines and that little piece met the Federal Voting Acts Right requirement. In some ways I hate to lose that area because I have been working hard over the past six months to a year with Building Inspections and the managers of some of the apartment complexes there to better the living conditions there and I have asked Mr. Holland if he does get that piece in his district, if we can continue to work together on that project, and he has agreed. The southwest part was 11-289 recommended by the County Attorney just to balance out some splitting a precinct, at least the way the precinct is now and it only involves 200 people, so I took their advice on that. As far as the other areas, you know I think some people made some very good points about this little corner up here, was it Mr. Sowers that spoke? So, I would like to hear what the Midlothian, Matoaca and Clover Hill supervisors have to say about that. Mr. Warren - Thank you. Mr. Gecker. Mr. Gecker - Thank you Mr. Chairman. You know when this process started, I'll be honest with you, I didn't take as much interest in this as I normally do in affairs like this believing as I guess Mr. Holland does that when the voters speak, they speak, or whatever voters you end up getting, or the voters you end up getting, you do a good job you stay in, if you don't do a good job then you don't get elected. And, I remember telling Mr. Mincks, I only have two criteria for this, move as few people as possible district to district and keep as many precincts as possible intact and it's pretty clear that Plan A represents the embodiment of moving as few people district to district and keeping as many precincts as we can given the General Assembly's lack of action to date intact. Having said. that, and as the time gets closer to finality tonight, you know I will say that I do not believe it appropriate to have Midlothian lose the triangle bounded by southern railway, Otterdale and Old Hundred. I have heard from constituents in that area who have indicated much like Ms. Davis did, you know a desire not to choose one representative over another, but to maintain the identity that they've had as Midlothian District residents. Frankly, I believe that we ought to keep Plan A with that triangle, if you will, staying in Midlothian. I will say though Ms. Davis that I did ask them to draw a map that would put Bensley into Midlothian, because I really wanted you as my constituent, I have for years and I keep begging them to redraw this in such a way that I can have you, but they just keep telling me it can't be done while keeping the contiguity of the requirement intact. The other piece of this that has come out as we go through this, that is sort of glaringly obvious is that you know the Matoaca District still ends up over population significantly; I think Mr. Sowers and Mr. Olsen make the point that as we look toward the future, we ought to go ahead and try to balance the districts, anticipating future growth through in the next ten years. I do believe that communities of interest ought to stay together. Right now, Roseland, for example is split a little bit between Midlothian to a certain extent and to Matoaca. I would propose at the appropriate time that we expand; I guess the western part of my district, to Midlothian District, to include a boundary running down to Swift Creek, which would incorporate, if you will, the southern boundary of Roseland and coming over and meeting in the existing Midlothian District boundary. I think the County Attorney probably has a map about this, at least I hope they do. Mr. Parthemos - *Comments inaudible* Mr. Gecker - Exactly, the number of people in there right now, the shift of people was fairly small, in the 300-400 range. I would also propose, I guess, that the area to the east of the triangle piece would end up in Clover Hill, again J J J 11-290 on the theory that the community of interest there is running up that road way, there is a greater community of interest with Clover Hill then there is in Midlothian. At the appropriate time I would move that we adopt A with those modifications. Mr. Warren - Alright, thank you, and you wanted to go last? Let me ask Mr. Haake, if you will, to comment and again I think I know where you're coming from, but we don't know what the General Assembly is going to do. Would you like to comment on the statement that it costs less to move... Mr. Haake - Yes sir, and to address Mr. Holland's question, the biggest cost difference, obvious cost difference between A and B, is the fact that A requires three new precincts and B requires two. However, in B you have far more voters affected, which means I have to mail notifications to a whole lot more people in B then I do in A. So, in fact, it could be a wash. But clearly three precincts versus two is a $25,000 difference, but when you factor the other in it's not as dramatic. Mr. Warren - Alright, I will make my comments. First of all I support A and I like the modifications to A that Mr. Gecker has indicated because it does at least balance the population a little bit better and reduces the size of the district that is so much larger than any of the other magisterial districts. Let me ask the question, if that were done, as Mr. Gecker has offered, how close to the ideal populations would that mean for Midlothian, Clover Hill and Matoaca? Mr. Mincks - And just to clarify, what Mr. Gecker was talking about was the remainder of Evergreen would go to Clover Hill, the portion, the triangle that is currently Midlothian would stay in Midlothian and this piece as we just described would go to Midlothian. Mr. Parthemos - It would move all three magisterial districts that you mentioned Mr. Warren closer to the ideal number. It would move Matoaca so close to the ideal number it would only be off by about ten or twelve people, I think the number we came up with is nine. It would move Clover Hill to less than half a point off of the ideal number. It would move Midlothian two or three tenths of the percentage point closer to the mid point, it would still be in the high ones, but it would be closer to the mid point. Mr. Warren - There would be no negative impact on the other two districts? Mr. Parthemos - It would have no impact on the other two districts at all. Mr. warren - Would it meet the voting rights requirement? Mr. Parthemos - The areas that would be leaving Matoaca, I haven't done the exact numbers, but the areas that will be leaving Matoaca are areas that have lower minority percentages in it than the rest of Matoaca District so it would naturally lift the minority numbers in Matoaca up, which would be more favorable from the voting rights standpoint. 11-291 Mr. Warren - Thank you. Ms. Durfee. Ms. Durfee - Thank you very much. Thanks all of you for coming out this evening and also when we had the other public hearings. This was a very good process, I know that all the supervisors meet with the attorneys and we had a very, very good process. As it relates to the Matoaca District, while the comments are very, how do you say, appreciated about the size of Matoaca District and my ability and time to cover that. district, first of all, I love Matoaca District it has such diversity, the small town where I come from, Ettrick and Matoaca, I love. It's therapy for me to go to Ettrick and Matoaca and also therapy for me to go back when I have to go into a more suburban area and I actually love it that way. In terms of the size of Matoaca District, the way you avoid having such a large district, of course, is to consider possibly figuring out how to split the district, which we were not able to do, and so there was some thoughts could we possibly take the geographical area of Matoaca District and figure out a way to take either a southern portion or a more eastern portion and do something with it, and of course due to the guidelines not to dilute the minority vote we were not able to do that. What people need to understand about Matoaca District is the way in the future that we're going to be able to deal with our structure in our county is to have some consideration and this was one of, not only my campaign suggestions prior to getting elected, but also the business community supports this county exploring the opportunity of looking at our government's structure and also looking at what we do in terms of whether we have five districts or more and this is what other counties like Loudon and Price William and all the other counties that have grown a lot faster than we have, they have already done that. Matoaca in the county is going to have to and should have actually provided the opportunity to look at how you could change the county in a sense to provide probably for a better plan. Folks also need to understand is that Matoaca District was very challenging from one aspect but not challenging in another and let me explain that, most of the population in the Matoaca District is concentrated in the upper Swift Creek Area, there are about 42,000-45,000 people in this section that is in the western part of the corridor and there is much, much less, obviously if we're trying to shoot for 60,000, sporadic across the rest of the part of Matoaca. The only way,, you quite frankly deal with changing that geographical land mass, you know there's just not a concentration of population evenly throughout the district, so you've got to figure out the best way to handle such a large geographical area, but also deal with the fact that you have density issues that are quite different from one part to another part to another part, so if you take the upper Swift Creek area, highly concentrated 45,000-50,000 people, and then you take the rest of the mid-portion and the southern portion and you're talking 6,000-8,000, entirely different. When you do take a look at changing Matoaca District then obviously you're going to have to take into account all the other districts when you decide to take a more comprehensive look at our county. I spent a great deal of time concentrating on all the county and the district and wanted to make sure that I focus primarily on the contiguous and what was explained to me by the attorneys and how we could possibly lose a large number of population. Matoaca District, of all the districts had to lose up to 12,000, no other district doesn't even come close J J J 11-292 to what Matoaca had to lose, a significant amount of people that you have to lose in one district. So, in talking to the attorneys and I think, correct me if I'm wrong, our population 316,000 plus whatever, and the amount of people that we may consider moving in Plan A is about five percent of the entire population,~so bear with me, if you have five percent of the population, Matoaca District has to lose a bulk, what's. the percentage, like 65-70 percent of that five percent, we have to lose a lot of that 15, 000, so we're only losing 14-15,000 one district has to move a lot of people. So, therefore I did have to concentrate on being objective in terms of the number I could go up to, but not to the point where, when you're losing 10,000 people, that's a lot of people, not so much disruption for the county. With that being said, we then focused on what areas would make sense in terms of the contiguous, what areas would protect the minority vote, what areas would make sense from a current map, and also moving into the future. While comments were made about Matoaca District, the growth, actually, rate is way less than it was in our peak years and we probably won't anticipate the kind of growth that we once had because the Comprehensive Plan is going to recommend and suggest that we actually revitalize and go back into infill. And if that in fact becomes some what of the direction of the county and if the economy doesn't turn around for awhile it could be that Matoaca District could stay stable for awhile in terms of its population. I didn't want a drastic, you know 10,000 people is pretty drastic out of a district, but that's a lot of people. Then I was trying to be well-rounded, when you look at my district and it has to effect four other districts which I'm the only district, it affects four other districts, you had to do your very, very best in saying if you move this piece what does it do over here, if you move this piece what does it do over here, and so I think we had maybe three meetings with the attorneys and really decided that this was ultimately the best plan, in fact we had one I think in the second meeting and it deemed that this ended up being the best. Now, when you start to change things, ok, if people want to make considerations for changing, and quite frankly I'll be pretty honest here, I have~not heard up until this evening that there were any issues with the Matoaca District, so I was not informed by the attorneys at all that we would be having any issues with changing anything, I had been told that everything was just fine and the only issues between Plan A and Plan B were just the Bermuda and the Dale District. So, that being said, when I was looking at this map from the second meeting to the third meeting if we were to change something then of course you have to look at those changes and how it effects other areas. And so, one of the things we were looking at were arterial roads, if you remember, we were looking at main roads, where is Zach, is Zach here? Zach was helping very much in terms of trying to help us figure out a way that we weren't going to break up an area or kind of, frankly minimize a possible area. And, because Matoaca is so large and because there are different types of areas that are split, for example Lucks Lane, the right side of it being in the Matoaca District is really kind of interesting of why it would have been in the Matoaca District as long as it was. The size of Matoaca, you surely don't need to go all the way up to Courthouse Road in some respects, and of course it made very less sense to consider that area, which was a large piece of population. We then looked at other areas and the problems you come into is the 11-293 main arterial roads and/or side roads and how you work with those. One example is the community of Charter Colony, a piece of it is in Midlothian and a good piece of it is in the Matoaca District. So, we were saying that we can't do it with all of-them because that's just not possible, every district has communities that are not complete, there's nothing you can do to avoid. that, unless you decide not to deal with districts as a structure in your government. If you chose to just do it all at-large or whatever, you would never have the issue that we're talking about in terms of the people wanted to know where they are. The other thing is minimizing the confusion, with moving almost 10,000, I don't know the exact number, 9,000 whatever we're going to lose, you want to minimize confusion out there to your population and my guess is there's going to be some confusion, but we were trying to minimize moving the x number of precincts because my population is large it would be more. likely that you would then have to move some more precincts that we want to minimize moving any more precincts then we possibly can. The section that folks are talking about in the upper part of the Midlothian area, you know its interesting when people talk about the Midlothian area, my church is in the Midlothian area, but Midlothian in Matoaca is larger then Midlothian in Midlothian. So, the ZIP Codes in Matoaca District which are 23112, 23113 and parts of 23114 is larger than Midlothian District. So, we sometimes want to be territorial and we can't look at that when we are looking at how we're going to devise this map, because quite frankly, we have the opportunity after we go through this process to be able to put together a committee which the business community has been asking for, for sometime now, that we put together folks of certain institutions and non-political to be able to study how we move forward in this county. It has been done in the past, there have been committees put together before and at one time the county actually did have six supervisors and it was recommended at this time that we would probably be at a point of where we would have potentially more supervisors, but it has to be comprehensive, you just can't start to slice and dice. So, what I feel is that we went through a very, very strong, good process with the attorneys and feel that we've come up with the best possible scenario and it would be quite concerning to me and also maybe to some residents I guess that we would start changing something that I was not aware of at all until this point in time and had quite confidence with the attorneys that what we decided to consider was solid for the county. Now, keep in mind people talk about the Roseland community; and again we have to stay away from being territorial. The Roseland community is in the Matoaca District, most of it is in the Matoaca District, so moving it out of Matoaca District would confuse people because it is in the Matoaca District. And, we also had to look at roads, like Otterdale Road and one of the issues that we discussed with the attorneys was how far do we go down Old Hundred to Watermill that hits Genito and/or how far do we go west and how far does it effect things in that respect and so we tried it in many different ways, quite frankly, at the end of the day it came to be that we would consider what we currently have on the table. So, to me it just makes sense, we're not supposed to look at, I think one person talked about, I think is was facilities and services, an individual brought up that we probably want to do something anyways about making sure that we have people that are represented by facilities and services, and it'`s sort of not the map that J J J 11-294 does even though it's kind of misleading that it would be anyways but how we do the. best job with our facilities and services is through our Comprehensive Plan, it's not by a district kind of mentality, we have to do our very best that we're here collectively to be able to represent folks. At this point, like I said, if I'm going to be asked to consider anything I surely would not want to vote on anything until. I'm given the opportunity, this is the first time, me hearing anyone wanted to change Matoaca District and we've been at this for two months. I would want to be given respectful opportunity to analyze that because when we went through this we were analyzing all ends of Matoaca District because it abuts four districts and so I think it would be highly unfair to a supervisor who spent a great deal of time with the attorneys to be able to change something without having the opportunity to analyze anything at this point. The population percentages that the attorneys projected was within the reason of what was expected and I just, quite frankly, don't see that if you shifted sixty-five folks or less than one- hundred folks or whatever it is that that's going to make any difference in your percentage, what you have to look at is being fair and being objective and I believe that this plan does that. Now, in terms of Plan A and Plan B, the thing that does concern me is when we talk about contiguous and I don't know if you can put the map up, one of the attorneys put the map for Plan A, again when one looks at that plan, and again if Mr. Haake and others brought up points about cost of the county, we had to be very mindful of costs to the county. If you look at a map if you're a planner, that was one of the very key things that I discussed with the attorneys about no tails, no wings, no things sticking out. So, for instance, if you see a small portion up there in the Clover Hill District, that's going from Matoaca District to Clover Hill, was trying to eliminate any tails and also anything that we would be providing to Dale District, Bermuda District and Midlothian District, that was a very key point that the attorneys were trying to share. Looking at Plan A, if you're a planner looking at the purple area or blue area it may be for you out in the audience there, it's hard for me to, in vision from a contiguous standpoint, that purple blue blob at the bottom of the purple area, it just seems like it stands out there by itself and it doesn't have any sense to it, it's down below, I think the attorney described it wanted to be round and it wanted whole, no it can't be perfectly round, but basically it looks like it sticking down there and it's not sure what it's doing. Now, in terms of looking at it, in terms of cost and/or diluting the minority vote or doing the things that we were supposed to follow, you know the attorneys have done a very good job in terms of describing to us what was important in this process. Let's see, I'm trying to get to Plan B, if you were to go to Plan B, if we have it sorry, you can envision from a planner's standpoint that the Bermuda District then does become more contiguous and so does Dale because it's seen more of a wholesome kind of boundaries to its district . So, I do think that we've done a great j ob; I appreciate all the citizen input. My residents would only be concerned like some other residents, of course who stated something in the public hearing about making sure that we, what's the word, how do I describe it, even though it was not something we were to consider, we do have to be mindful of it and it is the ability to have certain facilities and services that maybe the bulk of your population might need to use. So, for instance, say you look at a precinct, and I think the 11-295 attorneys and Mr. Haake would say, we don't want to necessarily move, if you had a precinct and they take 75 percent of that precinct and leave the 20 percent whole, it wouldn't really make sense, we would have to figure out the best way to try to do that so it wouldn't be costly and it wouldn't be disruptive. Well, also too for the area up in the northern part of Matoaca, Matoaca is somewhat limited because we don't have enough sometimes facilities to serve our population and a big concern at the time was Tomahawk School, which is in the wrong place, now folks can argue that, but at the end of the day I think it's 83 percent or plus of the students that go into the Cosby High School, attend Tomahawk High School, you can't deny a large percentage and you don't want to be confusing the public anymore then you have to. So, at the end of the day the lines were looked at from Watermill, that dividing line, it was also looked at Otterdale, it was also looked at Mount Hermon and it was also looked at other arterial roads and it was just difficult to decide what would be best and so, at the end of the day, this was the best after four scenarios, or five scenarios of mapping at we had provided. And so, I thank you for your time for listing, but it requires thorough process, it requires not to be too reactive, it requires the advice from our attorneys and it requires being forward-thinking about some future changes that will occur in this county, just because we are the fourth largest county in the state and we will be like the other counties, Virginia Beach, Loudon County, all those counties who had to make major changes because when you deal with 350,000-400,000 people then what you once had known would be a district or what would be representative may just not be, and we really have that opportunity after approving this plan to have the special group come to together and really comprehensively look at our county and envision, even next year or the year after, or the year after, we do not have to wait, I think someone made a comment that we have to wait ten years and it's so important to get it right now; no that's not the case. We have the opportunity, even after we approve this plan to be able to look at our structure in this county and it just may make the necessary changes that will better represent the citizens in this county and that's most important, we're here to represent the citizens. So, with that in mind, I'm very satisfied and I think at the end of the day it's the Department of Justice will ultimately decide how we've done this and we should be very careful that we don't try to do too many things at the last minute of what we're doing, but I would be quite comfortable with Plan A or Plan B, but I would determine which one based on pros and cons of information that we were to look at from our attorneys. Thank you. Mr. Gecker - As I said before, I am prepared to make a motion that we adopt and modify Plan A, but let me just actually say one thing first, Mr. McCoy if you don't mind, I would just like to point out I proudly represent the Davis precinct, I know in your letter you said it's in a different magisterial district, but Davis is actually mine and very proud to have it with me and it's not proposed to move. Mr. Gecker - I proposed we adopt Plan A modified as I suggested before, having that triangle bounded by the southern railway, Otterdale and Old Hundred stay with Midlothian. Therefore, keeping, because of the contiguity requirement, the part to the east of that, not really a J J J 11-296 triangle but it's a number of sided geography in Clover Hill, or moving it from Matoaca to Clover Hill, and also again on the idea that community of interest and where growth is likely to occur in the county, ought not all be in Matoaca, to go ahead and expand the boundary of Midlothian to Swift Creek and run it across as Mr. Parthemos put on the board before. Ms. Jaeckle - Second. Mr. Warren - Ok, it has been moved at seconded. Discussion. Ms. Durfee - Yes, the public needs to know this is the first time I'm hearing this as the Matoaca supervisor, but once again this is probably not surprising to some people as we had discussions today on transportation projects and we seem to have three supervisors in this county who are determining what happens in the Matoaca District without respecting that supervisor and the process that we had with the attorneys. Again, this is the first time in two months that I have heard that we would be changing any lines within the Matoaca District. That can be supported by the fact that if we had a Plan A and a Plan B for Bermuda District and Dale District, then why wasn't there a Plan A and Plan B for Matoaca and Midlothian or a Plan A and Plan B for Matoaca and Clover Hill? It was never provided to me. It's unfair, it is entirely unfair. However, we have three people on this Board who are operating very unfairly and it' s unfortunate because the citizens of this county are the ones that lose out when we are not more open and transparent in our governing. Now, I can't do anything about three, if three is three, three is three. But, we are seeing a pattern here since January of what has occurred and what the citizens expected of us as elected officials which is to conduct ourselves in a more fair and objective manner, and of course if one supervisor, and I'm sure if it was one of the others sitting on this panel, I surely would not treat another colleague like that, I would never do that. But, surely if it was one of them, they surely would not want to be surprised on the night of trying to make a decision that changes were going to be made without your knowledge. Now, without that knowledge, I'm left entirely in the dark of how I could consider this map and potential changes if this was going to be considered. I should be given the opportunity with those changes to consider anything else that I might want to consider adjusting. I'm not going to be given that opportunity if the three decide that's what they want to do. It's unfortunate and I do think that the Matoaca residents are becoming very, very, very aware of how it actually has been pushed aside. Prior to me running for this county, I heard a lot of citizens in the Ettrick and I know L.J., you will confirm this that a lot of citizens in the Ettrick and Matoaca area talk about how they felt that they've been neglected and overlooked to the rest of Matoaca. But, let me tell you, Matoaca, if we were to look at the size of the population and what we have actually been provided it's a big eye-opener and I didn't know that, I knew some of it prior to becoming elected but extremely an eye-opener as being an elected official in this county and on this Board of Supervisors. Once again, I have a high expectation of professionalism from my colleagues to be able to be fair and objective in a process and unfortunately maybe they just don't have that same expectation. 11-297 Mr. Holland - Mr. Chairman, in fairness to the Matoaca Supervisor, certainly I think it bears repeating that we clarify the amended changes as stated. I do think it is unfair to do that to the Matoaca Supervisor at the last minute as she so well stated. So, I would ask before we vote that we reiterate and repeat what was requested in changes to Matoaca and could the attorneys address that as well. Mr. Mincks - The motion that is on the floor right now would be to adopt Plan A with the following changes: Change One would be the blue portion of Evergreen Precinct that is shown in Matoaca (referring to the map) be moved to Clover Hill, that the triangular portion of the Midlothian District, which is adjacent to it on the west, which is showing there as being proposed in Matoaca would actually remain in Midlothian and then west of the triangle that portion of the Skinquarter Precinct, which is north of Swift Creek. Ms. Durfee - Use a pointer on the colored map, because the reason I'm saying that as you know, a map was sent to me with not a colored map which makes it confusing of the two areas that could be considered and so what I believe you're saying is the lined one and the non-lined one. You need to point to that so the public can understand and so that Mr. Holland can understand, because obviously the three other supervisors understand because they've had this figured out. Mr. Mincks - So, that portion of the Skinquarter, which is adjacent to the triangle, would move to Midlothian under the motion. That effectively encompasses the remainder of the Roseland property. Ms. Jaeckle - And, would that to the right of that Midlothian triangle go to Clover Hill? Mr. Mincks - That would go to Clover Hill, and that is the remainder of Evergreen Precinct. Ms. Jaeckle - So, to me that looks more geographically correct than the proposal quite frankly. I did wonder, I have a couple of questions from several people as to why that little piece coming down from Midlothian would possibly be switching to the Matoaca District, since they were. trying to lose population in Matoaca that was raised by several people with me, and I just said well I didn't really know. Mr. Mincks - The purpose for having the triangle go to Matoaca was to allow that portion of the Evergreen Precinct to remain in Matoaca. And, without that triangle going to Matoaca, then there would not be contiguity. As Mr. Parthemos explained, during the public meetings it was pointed out why would that triangle go to Midlothian and what we pointed out at that time was if you kept that triangle in Midlothian, then you could not leave the rest in Matoaca. It had to go some place else because there would no longer be contiguity. Ms. Jaeckle - What was the purpose of leaving Evergreen in Matoaca if you were trying to lose population with Matoaca? Mr. Mincks -.There was a request for that to remain in Matoaca and it still let the range of population that was available. J J 11-298 Ms. Durfee - You don't need to lose a hundred percent of the population unless you have some sort of agenda. I think the Matoaca District had to lose almost 10,000 people and I think that quite frankly, if you had to say that's being quite generous of a district. Now, with still staying within reason of the federal guidelines and the attorneys assured me through this entire process and working through it on several different scenarios that this was the best. I think to decide to change things was entirely unfair but you know what we're looking at and I'm real concerned because there was one person, I attended the public hearing, there was one person who made comment and we know why they made it it's Casey Sowers, but there was .nobody else that spoke... Ms. Jaecke - I had some of my people call me. Ms. Durfee - Well that's great Dorothy, but my Matoaca residents would be happy because they realize that I represent them and also the facilities and services in that area, even though we're not to look at that, that is important to them and I think at the end of the day we are to look at what is most important to our citizens. And, keep in mind, Roseland is in the Matoaca District, it's not being moved out of the Matoaca District. Now, you're asking me for it to be moved out of the Matoaca District and it's always been apart of it, so you're asking me to do something with no population when it's been a part of Matoaca District for a very, very long time. This should not be about a community but it appears that that's what it's coming down to. It appears that it's coming down to a community wants to be apart of another district than looking at the contagiousness of the district and the guidelines that the attorneys assured me we were to look at. Mr. Gecker - Of course, the piece of Midlothian you wanted to take has been Midlothian forever and those people have expressed the desire to stay in Midlothian. I quite frankly don't care about .the Evergreen piece; however, except for your request to the attorneys to keep that piece of Evergreen, you wouldn't need to take a piece of Midlothian. And frankly, taking that piece of Midlothian is not something that I consider to be the right thing here. The folks in that area consider themselves Midlothian residents and I said before, I don't think it's because they like me or it's anything to do with me or you, I think it's because, I'll tell you I had one resident who called, his father I know was the last superintendent of the Midlo Mines and she said, `I want to stay in Midlothian, I've been in Midlothian forever,' and you know to accommodate essentially the desire to keep that one piece of Evergreen, you're basically saying let's sacrifice that area of Midlothian and, I appreciate, let me just finish here, because a couple of things you've said leave an impression that is just not true. I'm not going to say whether you knew or didn't know... Ms. Durfee - I did not know. That's the truth. I'm telling you, I did not know. Mr. Gecker - I can't tell you whether you knew or didn't know, let me say this, the County Attorney who we met with a number of times was fully aware of this proposal, fully vetted this proposal and indicated much like he indicated 11-299 with the original Plan A that this proposal meets the Justice Department guidelines and works. Now, what information you got I can't speak to, but I can tell you because you now twice today have talked about this idea of a group of three running the county, you know we run our information, as you know, back and forth through staff, we don't get to meet between meetings, that's illegal, and we run our information back and forth through staff. There is no question that the County Attorney was not surprised at all tonight about this proposal. This proposal was going to be made, and in fact, it makes sense to make it. So, if you're surprised, I'm sorry, but don't look to us and say `you surprised me here'. I mean frankly, as I said, staff was fully aware what was coming here and you talk to` staff. I talk to staff, what they communicate between us, I don't know, but it is unfair to suggest that supervisors are keeping information from other supervisors. Given the constraints of how we have to operate, we do communicate quite a bit through the staff and that was done here, above Board with the numbers run, that's how I knew how many people were in that little sliver, I mean I don' t know that of f hand, I called up and said `hey, what if we do this, what happens,?' and the answer was you've got 340-something people who end up moving. Ms. Durfee - Let me address two points here, you made two comments about how staff had known. The attorneys, neither one of them, Mr. Mincks and the other one, ever in any of my meetings came to me and told me there would ever be this consideration or change. I never heard it. Now, you are now putting the attorneys on the spot and the public is now seeing that the attorneys are on the spot, which goes back to the way we are doing processes in this county, so the attorneys are on the spot because I have never been told to this date about this change. Now, if you are going to put the burden on the attorneys and not yourselves, and I will address yourselves in a minute, then basically you have created a situation where it is unfair, you have to admit that it is unfair for a supervisor of this county to not be told anything about this change. Now, it's consistent with if there was a change, don't you think then we would have had a Plan A and a Plan B map like there was in the Dale and the Bermuda District, don't you think you would have showed the public the changes? So, my question to you is, the three of you did know, so whether you want to couch it as the three of you have some little deal, you communicated amongst yourselves, because you just admitted you three knew. Mr. Holland did you know? Mr. Decker - Actually, what I said is the attorneys knew. Ms. Durfee - You said you knew. Mr. Gecker - I said the attorneys knew. I can't speak for either Mr. Warren or Ms. Jaeckle. Ms. Durfee - Obviously you just made a comment that you knew. You knew and the others too. Mr. Decker - How do you know that they knew? Ms. Durfee - Obviously they knew. They are acting like they knew. J J 11-300 Mr. Gecker - They're sitting there Marleen, they're not acting like anything, other than they're mystified about what's going on here. Ms. Durfee - They just said that they knew that they would like to have that information. The attorneys communicated it with them. The attorneys didn't communicate this with me. Mr. Holland, did the attorneys communicate with you about this potential change? Mr. Holland - No. Ms. Durfee - Okay, so here we have two supervisors in this county that the attorneys did not communicate with about this potential change. Now, my next question is, to the attorneys, did you communicate with the other three supervisors about this potential change? I am absolutely flabbergasted that we would conduct business in this county this way. Mr. Mincks - Ms. Durfee, I can say is when you and I discussed this, the discussion we had at the time was, and it was following the commentary from Mr. Sowers, that we discussed was the notion that if indeed stayed in Midlothian in this portion, this triangle, then Evergreen could not stay in Matoaca. That actually was communicated to you. Where that was going to go, I don't know. Ms. Durfee - It wasn't communicated to me, let me tell you why, Jeff. I attended the public hearing where Mr. Sowers made that comment and then I left out of the country. I was out of the country, it wasn't communicated to me, it wasn't communicated, but my point being we seemed to be spending a lot of time on a little area that one person brings and then we want to have concentration on that, but yet I believe that there were- other citizens who spoke about other areas that they thought were questioned in terms of how we do this map. Yet we're concentrating, quite frankly, on a little area that belongs in the Matoaca District, but yet we had a discussion, I believe it was Mr. Olsen who brought up the Manchester, Midlothian and Clover Hill, no discussion on that yet. We had a discussion between Dale and Bermuda, no discussion on that yet. I mean, it is amazing, it is pretty obvious. Now, you've gotta do what you've gotta do, and it's a shame, because what it represents, that a supervisor in this county is hearing for the first time of this potential change with no ability, no maps provided, and no ability to be able to determine if this actually works in terms of the other kinds of adjustments we made to make this the best contiguous Matoaca map. Mr. Mincks, you told me and the other attorney that when we worked on this and said this was the best map. Ms. Jaeckle - I would just like to say at that hearing I do recall there were several people wondering why that little piece of Midlothian would be going into Matoaca. I never had a discussion with the County Attorney on it and I just came and listened to that they said. I looked at the map, and in my opinion, it just doesn't make sense to craft out that piece to keep Evergreen in Matoaca, so I'm wondering what is in Evergreen. I mean, I understand nobody likes to lose constituents and you are a very hard worker in your district and I know that you have a lot of constituents and you hate to give them up, I understand that and you are unfortunate. I would hate to lose 12,000 but when you look geographically it 11-301 really doesn't make any sense and that is the reason I am agreeing to it. Ms. Durfee - Well, in your eyes. But, again, if my citizens were looking at that and saying `Well, how does that affect us?' they might be just like Casey Sowers or someone else who comes and says `what's in that section?' and they would say `wait a second, there's something in that section that affects me or that affects my precinct or that affects this.' You're not even giving me the opportunity to let my citizens have that say-so because quite frankly, when you had the public hearing you showed Plan A and Plan B, you did not show to the public a different consideration. So, it's very, very unfair on a lot of fronts, but you have to vote how you have to vote. Mr. Warren - Just for the record, because the question did come up as to why Evergreen remained in Matoaca District ten years ago. The reason was, quite simply, that the elected school board member from Matoaca happened to live in that precinct; otherwise it would have gone to Clover Hill because it is contiguous on two sides and it' s a sliver so to split that in the first place didn't make any sense. We are actually modifying it by keeping it all in the same magisterial district now and that would be Clover Hill and it would have happened ten years ago had it not been for the fact that the elected school board member was from Matoaca District . We have a lot of public hearings here and we learn a lot from those public hearings and the people who spoke tonight overwhelmingly supported A, so we are modifying A in order to bring all the populations closer together and so that's a good point for supporting the modified approach. The voting rights requirement is met by the plan, the cost, Mr. Haake indicated because of the mailing costs is pretty much is a wash than an expense. I don't know how many of you read the newspaper this morning but Henrico covered their plan last night and they shifted I think it was Three Chopt roughly the same amount of population that Matoaca is shifting and they made a lot of other shifts throughout their plan that if you read the article in the Richmond Times- Dispatch you will see that they were made at the last minute as a result of the public hearing. One of our responsibilities is to listen to the public and make our final decisions on that basis. I would hope that we don't get into personalities but stick with policy. Mr. Warren called for a vote made on the motion of Mr. Gecker, seconded by Ms. Jaeckle, for the Board to adopt Plan A with modifications, as follows: AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING AND RE-ENACTING SECTION 7.3 RELATING TO PRECINCT BOUNDARIES AND POLLING PLACES BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Section 7.3 of the Code of the County of Chesterfield, 1997, as amended, is amended and re-enacted to read as follows: J J J 11-302 BERMUDA MAGISTERIAL DISTRICT 0 0 0 Drewry's Bluff Voting Precinct (105): Beginning at the point where the center line of the Seaboard Coast Line right-of-way on the west side of U.S. Route 1/301 (Jefferson Davis Highway) intersects the boundary line between the County of Chesterfield and the City of Richmond; thence southeastwardly along said boundary line to its intersection with the James River; thence southwardly along the James River to the point where said river is intersected by the southern boundary line of Richmond National Battlefield Park; thence southwestwardly along the center line of Richmond National Battlefield Park to its intersection with the northern boundary lines of Census Blocks 1004033006 and 1004033007; thence westwardly along these northern boundary lines to their intersection with Interstate 95; thence southwardly along the center line of Interstate 95 to its intersection with Bellwood Road; thence southwestwardly along the center line of Bellwood Road to its intersection with U. S. Route 1/301 (Jefferson Davis Highway); thence north along the center line of U.S. Route 1/301 to its intersection with the CSX.Railroad right-of-way; thence southwestwardly along the center line of said right- of-way to its intersection with Kingsland Creek; then westwardly along the center line of Kingsland Creek to its intersection with the Seaboard Coast Line right-of-way; thence northwardly along the center line of said right-of-way to its point and place of beginning. The voting place for Drewry's Bluff Voting Precinct shall be Bensley Elementary School, 6600 Strathmore Road. 0 0 0 Iron Bridge Voting Precinct (111): Beginning. at the point where the center line of Iron Bridge Road (State Route 10) intersects the center line of Centralia Road (State Route 145); thence eastwardly along the center line of Centralia Road (State Route 145) to its intersection with Chalkley Road (State Route 632); thence southwardly along the center line of Chalkley Road (State Route 632) to its intersection with Iron Bridge Road (State Route 10); thence southeast along the center line of Iron Bridge Road (State Route 10) to its intersection with Branders Bridge Road; thence southward along the center line of Branders Bridge Road to its intersection with Swift Creek; thence along the center line of Swift Creek as it meanders northwestwardly to its intersection with Franks Branch Creek; thence southwestwardly along center line of Franks Branch Creek to its °intersection with Woodpecker Road; thence northwestwardly along center line of Woodpecker Road to its intersection with Eastfair Drive; thence northwardly along center line of Eastfair Drive to its intersection with Second Branch Creek; thence eastwardly along center line of Second Branch Creek to its intersection with Swift Creek; thence northeastwardly along the center line of Swift Creek to its 11-303 intersection with Lewis Road; thence northward along the center line of Lewis Road (State Route 632) to its intersection with Iron Bridge Road; thence west and north along the center line of Iron Bridge to its intersection with Centralia Road (State Route 145), the point and place of beginning. The voting place for Iron Bridge Voting Precinct shall be Chesterfield Community High School, 12400 Branders Bridge Road. 0 0 0 DALE MAGISTERIAL DISTRICT 0 0 0 Nash Voting Precinct (211): Beginning at the point where the center line of Beach Road (State Route 655) intersects the center line of Iron Bridge Road (State Route 10); thence southwardly along the center line of Iron Bridge Road (State Route 10) to its intersection with Lewis Road (State Route 632); thence southwardly along the center line of Lewis Road (State Route 632) to its intersection with Lake Dale; thence southwestwardly along the center line of Lake Dale to its outfall at Swift Creek; thence southwardly along the center line of Swift Creek to its intersection with Second Branch Creek; thence northwardly along center line of Second Branch Creek to its intersection with Eastfair Drive; then southwardly along the center line of Eastfair Drive to its intersection with Woodpecker Road; thence northwestwardly along the center line of Woodpecker Road (State Route 626) to its intersection with the eastern boundary of Pocahontas State Park; thence northward along the eastern boundary of Pocahontas State Park to its intersection with Swift Creek; thence eastwardly along the center line of Swift Creek to its intersection with Beach Road; thence northeastwardly along the center line of Beach Road to its intersection with Iron Bridge Road (State Route 10), the point and place of beginning. The voting place for Nash Voting Precinct shall be Iron Bridge Baptist Church, located at 10900 Iron Bridge Road. 0 0 0 Hopkins Voting Precinct (214): Beginning at the point where the Seaboard Coast Line right-of-way intersects with Dalebrook Drive (State Route 1601); thence northwestwardly along the center line of Dalebrook Drive (State Route 1601) to its intersection with Chippenham Parkway (State Route 150); thence eastwardly along the center line of Chippenham Parkway (State Route 150) to its intersection with the Seaboard Coast Line right-of-way on the west side of U.S. Route 1/301 (Jefferson Davis Highway); thence southwardly along the center line of said right-of-way to its point and place of beginning. J J J 11-304 The voting place for Hopkins Voting Precinct shall be Hopkins Elementary School, 6000 Hopkins Road. MATOACA MAGISTERIAL DISTRICT 0 0 0 Winfree's Store Voting Precinct (304) Beginning at the point where the center line of Hickory Road intersects with Matoaca Road thence westwardly along the center. line of Hickory Road (State Route 628) to its intersection with Graves Road (State Route 630); thence southwestwardly along the center line of Graves Road (State Route 630) to its intersection with River Road (State Route 36); thence southward on River Road to the southeastern boundary line of census block 1007034006; thence southwest along the said census block boundary to the boundary line between the County of Chesterfield and the County of Dinwiddie; thence westwardly along said boundary line to its intersection with the western line of Nooning Creek, as flooded by Lake Chesdin; thence northwardly along the western line of Nooning Creek and continuing along the center line of Nooning Creek; thence northwardly, to its intersection with the southwestern boundary line of census block 1007034014; thence northwardly along said boundary to its intersection with Second Branch Road (State Route 653); thence northwardly along the center line of Second Branch Road (State Route 653) to its intersection with a creek known as Second Branch; thence along the center line of Second Branch as it meanders in an eastwardly direction to its intersection with Nash Road (State Route 636); thence northwardly along the center line of Nash Road (State Route 636) to its intersection with Woodpecker Road (State Route 626); thence southeastwardly along the center line of Woodpecker Road (State Route 626) to its intersection with Franks Branch Creek; thence northeastwardly along its center line of Franks Branch Creek to its intersection with Swift Creek; thence southeastwardly along the center line of Swift Creek to its intersection with Branders Bridge Road (State Route 625) at the boundary line between the County of Chesterfield and the City of Colonial Heights; thence southeastwardly along the boundary line to its intersection with Lakeview Road (State Route 626); thence westwardly along the center line of Lakeview Road to its intersection with Woodpecker Road; thence southwestwardly along the center line of Woodpecker Road to its intersection with Matoaca Road; thence west and south along the center line of Matoaca Road to its intersection with Hickory Road, the point and place of beginning. The voting place for Winfree's Store Voting Precinct shall be Phillips Volunteer Fire Department, 10630 River Road. 0 0 0 South Manchester Voting Precinct (308): 11-305 Beginning at the point where the center line of Route 288 intersects the center line of U.S. Route 360 (Hull Street Road); thence westwardly along the center line of U.S. Route 360 (Hull Street Road) to its intersection with Swift Creek; thence eastwardly along the center line of Swift Creek to its intersection with Qualla Road (State Route 653); thence northwardly along the center line of Qualla Road (State Route 653) to its intersection with Route 288; thence westward along the center line of Route 288 to its intersection with U.S. Route 360 (Hull Street Road), the point and place of beginning. The voting place for South Manchester Voting Precinct shall be Manchester High School, 12601 Bailey Bridge Road. Skinquarter Voting Precinct (309): Beginning at the point where the center line of Otterdale Road (State Route 667) intersects the center line of U.S. Route 360 (Hull Street Road); thence westwardly along the center line of U.S. Route 360 (Hull Street Road) to its intersection with the Appomattox River, the boundary line between the County of Chesterfield and the County of Amelia; thence along said boundary line in a westwardly and northwardly direction as it follows the Appomattox River to its intersection with Skinquarter Creek, the boundary line between the County of Chesterfield and the County of Powhatan; thence continuing northeastwardly along said boundary line to its intersection with Swift Creek; thence eastwardly along the center line of Swift Creek to its intersection with the Southern Railway Right-of-Way; thence northeastwardly along the center line of said Right-of-Way to its intersection with County Line Road; thence southward along the center line of County Line Road to its intersection with Mt. Hermon Road; thence southwardly along the center line of Mt. Hermon Road to its intersection with Swift Creek; thence southeastwardly along the center line of Swift Creek to its intersection with Swift Creek Reservoir; thence southwardly along the center line of said reservoir to its intersection with Woolridge Road (State Route 668); thence southwestwardly along the center line of Woolridge Road (State Route 668) to its intersection with Otterdale Road (State Route 667); thence southeastwardly along the center line of Otterdale Road (State Route 667) to its intersection with U.S. Route 360 (Hull Street Road), the point and place of beginning. The voting place for Skinquarter Voting Precinct shall be Mt. Hermon Baptist Church, 18100 Genito Road. 0 0 0 CLOVER HILL MAGISTERIAL DISTRICT 0 0 0 Brandermill Voting Precinct (403): J J J 11-306 Beginning at the point where the center line of Old Hundred Road (State Route 652) intersects the center line of Tomahawk Creek; thence northwardly along the center line of Old Hundred Road (State Route 652) to its intersection with Otterdale Road (State Route 667); thence southward along the center line of Otterdale Road (State Route 667) to its intersection with Swift Creek; thence southeastwardly along the center line of Swift Creek to its intersection with Genito Road; thence eastwardly along the center line of Genito Road to its intersection with Charter Colony Parkway; thence northwardly along the center line of Charter Colony Parkway to its intersection with Old Hundred Road (State Route 652); thence in a westwardly direction-along the center line of Old Hundred Road (State Route 652) to its intersection with the point and place of beginning. The voting place for Brandermill Voting Precinct shall be Swift Creek Elementary School, 13800 Genito Road. 0 0 0 Manchester Voting Precinct (409): Beginning at the point where the center line of Belmont Road (State Route 651) intersects the center line of Dortonway Drive; thence southwestwardly along the center line of Belmont Road (State Route 651) to its intersection with Falling Creek; thence northwestwardly along the center line of Falling Creek to its intersection with Newbys Bridge Road; thence northeastwardly along the center line of Newbys Bridge Road to its intersection with Dortonway Drive; thence southeastwardly along the center line of Dortonway Drive to its intersection with Belmont Road, the point and place of beginning. The voting place for Manchester Voting Precinct shall be Manchester Middle School, 7401 Hull Street Road. 0 0 0 Crenshaw Voting Precinct (414): Beginning at the point where center line of U.S. Route 360 intersects the center line of Genito Road; thence westwardly along the center line of U.S. Route 360 to its intersection with Route 288; thence eastward along the center line of Route 288 to its intersection with Qualla Road; thence northeastward along the center line of Qualla Road to its intersection with Courthouse Road; thence northwest along the center line of Courthouse Road to its intersection with Genito Road; thence northwest along the center line of Genito Road to its intersection with U. S. Route 360, the point and place of beginning. The voting place for Crenshaw Voting Precinct shall be Crenshaw Elementary School, 11901 Bailey Bridge Road. Evergreen Voting Precinct (415) 11-307 Beginning at the point where the center line of Otterdale Road (State Route 667) intersects the center line of Old Hundred Road (State Route 754) thence northward along the center line of Otterdale to its intersection with the Virginia Power Company easement; thence southeastwardly along the center line of said easement to its intersection with Route 288; thence southeastwardly along the center line of Route 288 to its intersection with the western boundary of Census Block 510411009281043; thence along the center line of said boundary to its intersection with the western boundary line of Census Block 510411009292006; thence northward along the center line of said boundary to its intersection with Miners Trail (State Route 720); thence eastwardly along the center line of Miners Trail (State Route 720) to its intersection with Lucks Lane (State Route 720); thence eastwardly along the center line of Lucks Lane (State Route 720) to its intersection with Courthouse Road (State Route 653); thence southwardly along the center line of Courthouse Road (State Route 653) to its intersection with Powhite Parkway (State Route 76); thence westwardly along the center line of Powhite Parkway (State Route 76) to its intersection with Old Hundred Road (State Route 652); thence northwestwardly along the center line of Old Hundred Road (State Route 652) to its intersection with Otterdale Road (State Route 667), the point and place of beginning. The voting place for Evergreen Voting Precinct shall be Evergreen Elementary School, 1701 Evergreen East Parkway. MIDLOTHIAN MAGISTERIAL DISTRICT 0 0 0 Midlothian Voting Precinct (503): Beginning at the point where the center line of Winterfield Road (State Route 714) intersects the boundary line between the County of Chesterfield and the County of Powhatan; thence southwestwardly along said boundary line to its intersection with the center line of Swift Creek; thence southeastwardly along said line to its intersection with the Southern Railway Right-of-Way; thence northeastward along said right-of-way to its intersection with County Line Road; thence southward along the center line of County Line Road to its intersection with Mt. Hermon Road; thence southwardly along the center line of Mt. Hermon Road to its intersection with Swift Creek; thence southeastwardly along the center line of Swift Creek to its intersection with Otterdale Road; thence northward along the center line of Otterdale Road to its intersection with the Virginia Power Company easement; thence southeastwardly along the center line of Virginia Power Company easement to its intersection with Route 288; thence southwardly along the center line of Route 288 to its intersection with the Western boundary line of Census Block 510411009281043; thence north along the center line of said boundary to its intersection with western boundary of Census Block 510411009292006; thence north along the center line of said boundary to its intersection with Coalfield Road (State Route 754); thence northwardly along the center line of Coalfield Road (State Route 754) to its intersection with J J J 11-308 U.S. Route 60 (Midlothian Turnpike); thence eastwardly along the center line of U.S. Route 60 (Midlothian Turnpike) to its intersection with Falling Creek; thence northwardly along the center line of Falling Creek to its intersection with the Southern Railroad right-of-way; thence westwardly along the center line of said right-of-way to its intersection with Winterfield Road (State Route 714); thence northwardly along the center line of Winterfield Road (State Route 714) to its intersection with the boundary line between the County of Chesterfield and the County of Powhatan, the point and place of beginning. The voting place for Midlothian Voting Precinct shall be Midlothian High School, 401 Charter Colony Parkway. 0 0 0 Watkins Voting Precinct (514): Beginning at the point where the center line of the Virginia Power Company easement intersects the center line of Charter Colony Parkway (State Route 754); thence southwestwardly along the center line of Charter Colony Parkway (State Route 754) to its intersection with the Route 288; southeastwardly along the center line of Route 288 to its intersection with Lucks Lane (State Route 720); thence eastwardly along the center line of Lucks Lane (State Route 720) to its intersection with Walton Bluff Parkway; thence north and west along the center line of Walton Bluff Parkway to its intersection with Ashbrook Landing Road; thence northeastwardly along the center line of Ashbrook Landing Road to its intersection with Lakestone Drive; thence southeastwardly along the center line of Lakestone Drive to its intersection with Falling Creek; thence northwardly along the center line of Falling Creek to its intersection with the western branch of Falling Creek as it meanders along in a northwestwardly direction to its intersection with Coalfield Road (State Route 754); thence southwardly along the center line of Coalfield Road (State Route 754) to its intersection with the Virginia Power Company easement; thence northwestwardly along the center line of the Virginia Power Company easement to its intersection with Charter Colony Parkway, the point and place of beginning. The voting place for Watkins Voting Precinct shall be Watkins Elementary School, 501 Coalfield Road. 0 0 0 Pocoshock Voting Precinct (516): Beginning at the point where the center line of U.S. Route 360 (Hull Street Road) intersects the center line of the Commonwealth Natural Gas Pipeline easement; thence southwardly along the center line of said easement to its intersection with Belmont Road (State Route 651); thence southwestwardly along the center line of Belmont Road (State Route 651) to its intersection with Dortonway Drive; thence northwestwardly along the center line of Dortonway Drive to its intersection with Newbys Bridge Road; thence 11-309 northwestwardly along the center line of Newbys Bridge Road to its intersection with Proctor's Creek; thence west and north along the center line of Proctor's Creek to its intersection with U. S. Route 360; thence northeastwardly along the center line of U.S. Route 360 (Hull Street Road) to its intersection with Pocoshock Boulevard; thence northward along the center line of Pocoshock Boulevard to its intersection with Elkhardt Road; thence eastward along the center line of Elkhardt Road to its intersection with Turner Road; thence southward along the center line of Turner Road to its intersection with U. S. Route 360; thence southwestwardly along .the center line of U. S. Route 360 to its intersection with the Commonwealth Natural Gas Pipeline easement, the point and place of beginning. The voting place for Pocoshock Voting Precinct shall be Manchester Middle School, 7401 Hull Street Road. (2) That this ordinance shall become effective immediately upon adoption. Ayes: Warren, Jaeckle, and Decker. Nays: Holland and Durfee. 18. REMAINING MANUFACTURED HOME PERMITS AND ZONING REQUESTS There were no remaining requests for manufactured home permits and zoning requests. 19. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED MATTERS Mr. Raymond Walsh, a resident of Woodland Pond, addressed the Board relative to a recent homicide in his neighborhood. APPROVAL BY THE BOARD OF SUPERVISORS OF THE APPOINTMENT OF DEPUTY COUNTY ADMINSTRATOR Mr. Warren recognized the accomplishments and credentials of Mr. William Dupler and nominated him for Deputy County Administrator for Community Development. Mr. Warren then made a motion, seconded by Mr. Decker, for the Board to approve the appointment of Deputy County Administrator. Mr. Stegmaier stated Mr. Dupler has been filling in as Interim Deputy County Administrator for Community Development for more than a year. He further stated he is confident Mr. Dupler will continue to do a great job for the citizens of Chesterfield County. Mr. Holland congratulated Mr. Dupler on his promotion. Mr. Durfee congratulated Mr. Dupler on his promotion and advised him to continue his hard work and learn from his experiences as Building Inspector. Ms. Jaeckle commended Mr. Dupler on his efforts to communicate with the citizens and bring them to success. J J J 11-310 Mr. Warren called for a vote on his motion, seconded by Mr. Gecker, for the Board to approve the appointment of Mr. William Dupler to serve as the Deputy County Administrator for Community Development, effective April 27, 2011. Ayes: Warren, Jaeckle, Holland, Durfee, and Gecker. Nays: None. Mr. Dupler expressed appreciation to the Board for being. selected to serve Chesterfield County and its administration. He .stated he will continue to serve well in the capacity he has been given. Mr. Holland recognized May 1st through 7th as "National Teacher Appreciation Week", May 3rd as "Teacher Appreciation Day" and May 11th as "National School Nurse Day". He encouraged citizens to show teachers their support. 20. ADJOURNMENT On motion of Mr. Holland, seconded by Ms. Durfee, the Board adjourned at 9:30 p.m. until May 25, 2011, at 3:00 p.m. Ayes: Warren, Jaeckle, Holland, Durfee and Gecker. Nays: None. Arthur S. Warren Chairman 11-311 J J J