Loading...
2011-05-25 MinutesBOARD OF SUPERVISORS MINUTES May 25, 2011 Supervisors. in Attendance: Staff in Attendance: Mr. Arthur S. Warren, Chairman Mr. Mike Bacile, Dir., Ms. Dorothy A. Jaeckle, Vice Chrm. Purchasing Mr. James M. Holland Dr. Sheryl Bailey, Dep. Ms. Marleen K. Durfee County Administrator, Mr. Daniel A. Decker Management Services Ms. Janice Blakley, Mr. James J. L. Stegmaier Clerk to the Board County Administrator Ms. Debbie Burcham, Exec. Dir., Community Services Board Mr. Allan Carmody, Dir.,. Budget and Management Ms. Jana Carter, Dir., Juvenile Services Mr. Barry Condrey, Chief Information Officer Mr. Richard Cordle, Treasurer Mr. Roy Covington, Dir., Utilities Ms. Mary Ann Curtin, Dir., Intergovtl. Relations Mr. William Dupler, Dep. County Administrator, Community Development Colonel Thierry Dupuis, Police Department Mr. Robert Eanes, Asst. to the County Administrator Mr. Michael Golden, Dir., Parks and Recreation Mr. John W. Harmon, Real Property Manager Mr. Thomas E. Jacobson, Dir., Revitalization Mr. Donald Kappel, Dir., Public Affairs Mr. Rob Key, Director, General Services Mr. Louis Lassiter, Asst. County Administrator Ms. Debbie Leidheiser, Senior Advocate Mr. Mike Mabe, Director, Libraries Ms. Mary Martin Selby, Dir., Human Resource Services Mr. Willie May Interim Director,. Juvenile Detention Home Mr. R. John McCracken, Dir., Transportation 11-312 Mr. Richard M. McElfish, Dir., Env. Engineering Mr. Jeffrey L. Mincks, County Attorney Sheriff Dennis Proffitt, Sheriff's Department Chief Edward L. Senter, Fire Department Ms. Marsha Sharpe, Dir., Social Services Ms. Sarah Snead, Dep. County Administrator, Human Services Mr. Kirk Turner, Dir., Planning Mr. Scott Zaremba, Dir., Human Resource Programs Mr. Warren called the regularly scheduled meeting to order at 3:03 p.m. Mr. Warren recognized Sheriff Dennis Proffitt, Mr. Richard Cordle and Mr. William Quarles, Jr., Goochland's Chairman of the Board of Supervisors, and elected officials who were in attendance. 1. APPROVAL OF MINUTES FOR APRIL 27, 2011 Ms. Durfee requested that a verbatim transcript be included in the portion of the minutes beginning at line 71 on page 290 and ending at line 37 on page 291. Ms. Jaeckle recommended deferring the minutes to the June 15th meeting and stated it was not fair to take selective parts and put them in verbatim. Ms. Durfee suggested deferring the minutes to the evening session. She stated the transcript is only verbatim. Ms. Jaeckle stated the transcript could misconstrue the overall context of the minutes. Ms. Durfee stated the verbatim is relevant to the minutes regarding redistricting. Mr. Gecker stated he would like more time to review the selected verbatim transcript. Mr. Holland suggested deferring the minutes, including the portion of the verbatim transcript. In response to Ms. Durfee's question, Mr. Mincks stated deferral of the submission of the minutes to the Department of Justice will not interfere with the process. Ms. Durfee agreed with Mr. Mincks that deferral of the minutes would not change the vote or the process and stressed the importance of having all the information that has been discussed regarding redistricting submitted at the same time. J J J 11-313 Mr. Warren made a motion, seconded by Ms. Jaeckle, for the Board to defer the minutes of April 27, 2011, to June 15, 2011. Ayes: Warren, Jaeckle, Holland, and Gecker. Nays : Durfee . ` 2. COUNTY ADMINISTRATOR'S COMMENTS 2.A. COUNTY ADMINISTRATOR'S REPORT • Mr. Stegmaier presented a brief video from the April 22, 2011 Patriot Flag Ceremony. He stated the Department of Fire and EMS, in conjunction with the group Veteran Aid, sponsored the raising of the Patriot Flag. He further stated the flag pays tribute to all of the Fire, EMS and Law Enforcement workers, as well as the citizens who lost their lives in New York City, Shanksville, Pennsylvania, and at our nation's Pentagon. Ms. Jaeckle expressed appreciation to Mark Nugent and his staff for a very impressive and tremendous presentation. • Mr. William Quarles, Jr., Goochland's Chairman of the Board, and Ms. Becky Dickson, Goochland's County Administrator, recognized the assistance they received from Mr. Richard Cordle and the staff of the Treasurer's Office. Mr. Warren stated the confidence of the Board of Supervisors and staff of Goochland was a very important key to regional cooperation. He expressed appreciation for Ms. Dickson's honesty and stated he was very proud of county staff. • Mr. Mike Golden presented an update on the progress of another economic development success in the county. He stated the Aquatics Center at Ukrops Park, when completed, will provide another great venue in Chesterfield that will enhance sports tourism. Mr. Holland expressed excitement regarding the impact of future economic development to his district. He commended Mr. Golden on his hard work. Mr. Warren stated Chesterfield County will be recognized locally, statewide and nationally for its sports tourism. 3. BOARD MEMBER REPORTS Mr. Gecker pointed out he is the "guinea pig" of the Clerk's effort to distribute Board packets electronically. Ms. Durfee announced the Matoca District held the unveiling of the Chesterfield Avenue Project on May 24th. She stated she is working closely with Virginia State University and Dr. Keith Miller to make that area more of a college town. Mr. Holland announced the Dale District held a meeting on May 16th at the Meadowdale Library relative to the importance of 11-314 maintaining roads, bus transportation in the region and ZIP Code project status. He thanked staff, especially Mr. Matt Harris, for the informative presentation and answering constituents' questions. He further stated he will resume meetings in the Dale District in September in regards to precinct changes and will also be meeting with constituents regarding the Comprehensive Plan. Ms. Durfee announced the Matoaca District recently held a roundtable discussion regarding bus service and the Comprehensive Plan. She stated her mission is to work closely with constituents to address their concerns. She further stated she will hold a roundtable discussion meeting at the end of August. Mr. Warren announced that he spoke, at the Chesterfield Business Council's breakfast meeting regarding the Comprehensive Plan. He also announced that he attended the Chesterfield Chamber Luncheon regarding the Comprehensive Plan and future economic development in the county. He thanked business leaders throughout the county for their involvement in various activities. 4. REQUESTS TO POSTPONE AGENDA ITEMS AND ADDITIONS, DELETIONS OR CHANGES IN THE ORDER OF PRESENTATION On motion of Ms. Durfee, seconded by Mr. Holland, the Board replaced Item 8.A.1., Appointments to the John Tyler Community College Local Board; and added Item 8.B.l.d., Resolution Recognizing Dr. Donald K. Bechtel Upon His Retirement. Ayes: Warren, Jaeckle, Holland,~Durfee, and Gecker. Nays: None. 5. RESOLUTIONS 5.A. RECOGNIZING MR. DONALD HORNER AS CHESTERFIELD COUNTY'S 2011 TREASURED VOLUNTEER Ms. Martin Selby introduced Mr. Horner, who was present to receive the resolution. Mr. Horner expressed appreciation to the Board of Supervisors and to the staff at the Juvenile Detention Home for the recognition. On motion of Mr. Holland, seconded by Mr. Warren, the Board adopted the following resolution: WHEREAS, Mr. Donald Horner is recognized as a volunteer and a valued contributor to Chesterfield County's Juvenile Detention Home; and WHEREAS, Mr. Horner has volunteered at the Juvenile Detention Home for more than 32 years on a weekly basis; and WHEREAS, Mr. Horner displays a passion and an untiring commitment to creating a positive change in the residents at the Juvenile Detention Home; and J J J 11-315 WHEREAS, Mr. Horner exhibits a caring and empathetic style that youth in the Juvenile Detention Home respond well to; and WHEREAS, Mr. Horner teaches youth in the Juvenile Detention Home that there is a better way of life they can all achieve; and ~. WHEREAS, Mr. Horner lives by the motto "Not self but others" and clearly displays this in his interaction with youth in the Juvenile Detention Home; and WHEREAS, Mr. Horner exemplifies the high standard of excellence all county volunteers should strive to achieve. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 25th day of May 2011, publicly recognizes Mr. Donald Horner, as Chesterfield County's 2011 Treasured Volunteer. AND, BE IT FURTHER RESOLVED that a copy of this resolution be presented to Mr. Horner and that 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. Ms. Durfee presented the executed resolution to Mr. Horner and expressed appreciation for his commitment to the youth at the Juvenile Detention Home on a weekly basis. Mr. Horner, who was accompanied by his wife, reiterated his appreciation for the recognition and cooperation from the Juvenile Detention Home. Mr. Willie May, Interim Director of the Chesterfield Juvenile Detention Home, thanked Mr. Horner for his volunteerism. Mr. Stegmaier expressed appreciation for Mr. Horner's volunteerism and positive changes to make Chesterfield County a great place to live, work and play. 5.B. RECOGNIZING MAY 2011, AS "OLDER AMERICAN'S MONTH" IN CHESTERFIELD COUNTY Ms. Leidheiser introduced Miss Kayla Harris, a 5th grade student from Bensley Elementary School, winner of the Older American's Month Student Essay Contest, and members of organizations in the county that provide services to older adults, who were all present to receive the resolution. On motion of Mr. Holland, seconded by Mr. Warren, the Board adopted the following resolution: WHEREAS, since 1963, the month of May has been designated by the U.S. Administration on Aging as America's special time to honor and recognize its older citizens; and WHEREAS, Chesterfield County is a community in which 65,546 citizens age 55 and over make their home; and 11-316 WHEREAS, the older adults in Chesterfield are the roots from which our community grows, who bestow gifts of wisdom and insight upon younger generations, and strengthen the bonds between neighbors to create a better place to live; and WHEREAS, our society can be enhanced by older adults aging peacefully in their communities; and WHEREAS, the older adults in Chesterfield should be commended for their role in creating. and bolstering the fiber of our community and nation; and WHEREAS, our community can provide that recognition and respect by enriching the quality of life for older Americans by increasing their opportunities to remain in their communities as active and engaged citizens; providing services, technologies, and support systems that allow seniors to foster and maintain connections within the community; and emphasizing the value of elders by publicly recognizing their contributions to the diversity, strength, and unity of our community; and WHEREAS, the Senior Advocate's office initiated an essay contest with fourth and fifth grade Chesterfield students to acknowledge positive older adult role models, celebrate inter-generational relationships and demonstrate good writing skills, and Kayla Harris is being recognized as the winner of the contest in which she acknowledged her great grandmother, "Granny" Ella M. Toler, as a role model; and WHEREAS, Senior Connections, The Capital Area Agency on Aging, has set aside May 2011, to recognize and honor older adults in Planning District 15 and celebrate their contributions; and WHEREAS, Chesterfield TRIAD declared May 4, as Senior Day in Chesterfield County. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 25th day of May 2011, publicly recognizes May 2011, as "Older Americans Month," urges every citizen to take time this month to honor our older adults and the professionals, family members and volunteers who care for them, recognizing that older Americans and their involvement in our lives can help us achieve stronger and more meaningful connections with each other and enrich our community's quality of life. Ayes: Warren, Jaeckle, Holland, Durfee, and Gecker. Nays: None. Mr. Holland presented the executed resolutions to members of organizations in the county that provide services to older adults and to Miss Harris. He stated Chesterfield County is such an outstanding place to live because of its older residents. Miss Harris expressed appreciation to her teacher, her parents, and to her grandmother. Kayla's grandmother, her parents and her teacher briefly commended Kayla on her accolades. J J J 11-317 Each member of the specific organizations in the. county that provide services to older adults introduced themselves. Mr. Stegmaier congratulated Miss Harris on her accomplishments and to those older adults who inspire young people. 5.C. RECOGNIZING DEPUTY RANDOLPH SCOTT PHILLIPS, SHERIFF'S OFFICE, UPON HIS RETIREMENT Sheriff Proffitt introduced Deputy Phillips, who was present to receive the .resolution. On motion of Mr. Warren, seconded by Mr. Holland, the Board adopted the following resolution: WHEREAS, Deputy Randolph Scott Phillips began his career in the Chesterfield County Sheriff's Office on July 1, 1985 and since that time, has faithfully served at the Chesterfield County jail dealing with inmates entrusted to the Sheriff's care; and WHEREAS, Deputy Phillips has served the public for more than 25 years, providing quality service and personifying the true spirit of the Chesterfield County Sheriff's Office; and WHEREAS, Deputy Phillips has served in several units and divisions during his tenure with the Sheriff's Office, including the Correctional Services Bureau, Quartermaster, Investigator divisions; and WHEREAS, Deputy Phillips has received numerous Letters of Appreciation and Letters of Commendation, as well as being nominated for Employee of the Quarter twice during his years of service; and WHEREAS, Deputy Phillips' knowledge and experience were invaluable during the transition to the new correctional facility, which opened in 2006, as well as the training of new deputies. NOW, THERFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 25th day of May 2011, publicly recognizes the contributions of Deputy Randolph Scott Phillips, expresses the appreciation of all citizens for his service to Chesterfield County, and extends appreciation for his service to the county, congratulations upon his retirement and best wishes for a long and happy retirement. AND, BE IT FURTHER RESOLVED that a copy of this resolution be presented to Deputy Phillips and that 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. Ms. Jaeckle presented the executed resolution to Deputy Phillips, expressed appreciation for his hard work and wished him well in his retirement. 11-318 Deputy Phillips, who was accompanied by his wife, expressed appreciation to the Board of Supervisors, staff and Sheriff Proffitt for an opportunity to work for Chesterfield County. Mr. Stegmaier presented an acrylic statue and a county watch to Deputy Phillips and expressed appreciation for his service to the county. 6. WORK SESSIONS 6.A. EVALUATION OF DEVELOPMENT REGULATIONS (COST OF DEVELOPMENT PROJECT) Mr. Dupler stated the purpose of the cost of development project was to evaluate development codes and policies with the goals of eliminating the burden of those regulations that do not add value to the community, but at the same time ensuring that the county maintains high quality standards that are necessary to sustain both residential and commercial communities. He further stated the evaluation also included considerations of how to streamline processes to reduce costs to both the development community and also to the county. He stated staff solicited written and verbal comments from the development community. He further stated each issue was evaluated by staff and written responses were forwarded to the development community where the issues were given further consideration and how those issues might best be addressed. He stated actions by the Board of Supervisors and the Planning Commission would be necessary to address several issues. He further stated the development community is requesting that the Board direct staff to draft several ordinance amendments and bring them to the Board for referral to the Planning Commission for public hearing and recommendation. In response to Ms. Jaeckle's question, Mr. Dupler stated two of the items were brought to the Planning Commission to be addressed. He further stated the Planning Commission is very involved in the Comprehensive Plan and felt there was not enough time to address the items. Mr. Warren stated some of the items could be approved and some could be referred to the Planning Commission. Ms. Carrie Coyner, representing the private sector side of the project, suggested that the Board move forward on the two ordinances to be referred to the Planning Commission for public hearing and recommendation. Mr. Craig Toalson, Executive Vice-President of the Home Building Association of Richmond, requested that the Board refer the two ordinances to the Planning Commission for a public hearing. Ms. Durfee expressed concerns regarding proposals for natural resource inventory, submitted landscaping and bonding issues. She also expressed concerns regarding referring ordinances to the Planning Commission while the Comprehensive Plan is being drafted. She stated proposed ordinances for consideration that address yard setback requirements and reinstating R7/R9 zoning are not entirely clear. J J 11-319 Mr. Warren stated he would like to move forward quickly on the process because it deals with future business in Chesterfield County. In response to Ms. Durfee's question, Mr. Dupler stated there have been no meetings with citizens in specific subdivisions regarding the cost of development projects. In response to Mr. Decker's question, Mr. Dupler stated public hearings will give citizens an opportunity to express concerns. Ms. Durfee stated the Planning Commission may not have the resources to tackle certain issues while focusing on the Comprehensive Plan. Mr. Decker stated the process should not be short-circuited. He further stated the Board has not been presented with enough details to make a final determination. Mr. Holland stated it is ill-advised to put more on the Planning Commission's agenda, especially with the Comprehensive Plan process in effect. He further stated the process should move smoothly. He expressed concerns regarding resources as it pertains to transportation and other issues. Ms. Jaeckle stated for the county to be business friendly, the Board needs to move forward because ultimately the consumer is the determining factor. She suggested the Board follow through with the recommendation to make processes more streamlined for everyone. Mr. Mincks stated under the recommendation, two of the eight ordinances will actually be sent to the Planning Commission. He further stated the development community is requesting that the Board direct staff to draft the remaining six ordinance amendments and bring them in front of the Board for referral to the Planning Commission for public hearing. Ms. Jaeckle made a motion, seconded by Mr. Decker, for the Board to refer ordinance amendments related to landscape maintenance bonding and storm water and. best management facilities encroachment into buffers to the Planning Commission and instruct that a public hearing be held and a recommendation be made to the Board. In response to Mr. Warren's question, Mr. Dupler stated the Planning Commission voted on Tuesday to send a request to the Board for additional time to review the draft Comprehensive Plan. Mr. Warren inquired about a friendly amendment to extend the time for the Planning Commission to consider the amendments. In response to Mr. Warren's inquiry, Mr. Mincks stated by law the ordinances can only be sent to the Planning Commission for a 100-day turnaround. He further stated after 100 days, the request could be sent back to the Board to resubmit to the Planning Commission for another 100-day period. Ms. Durfee expressed concerns regarding RPA setbacks and reinstatement of R-7/R-9 and their ties to residential 11-320 development. She stated the Planning Commission needs to focus on the Comprehensive Plan and moving forward. In response to Mr. Holland's question, Mr. Turner stated the two ordinances that have been drafted were submitted to the Planning Commission previously and they chose not to proceed with the ordinances at that time. He suggested an option was that the Board direct staff to prepare ordinances on the remaining six items and bring a package back to the Board to refer to the Planning Commission at a later time, rather than to refer everything at this time. In response to Mr. Gecker's question, Mr. Turner stated the Planning Commission, without voting, had a philosophical disagreement with the content of the ordinances. Mr. Gecker stated the benefit of public input and the full exploration of the topics are important moving forward as a public-friendly, transparent organization. Mr. Turner stated the process with staff to sit down with the development community has been time well spent and has resulted in very positive changes. He further stated the ordinances are quick and manageable and recommended that the Board direct staff to prepare the ordinances that would implement the Board's changes and then bring them back to the Board with the two ordinances that have already been drafted for public hearing. He stated thirty days would not be enough time to prepare the ordinances. Ms. Durfee stated there has not been enough input from the Board to draft certain ordinances. Mr. Warren expressed concerns regarding lack of public input in the process and not having spoken to his Planning Commissioner. In response to Mr. Warren's question, Mr. did not feel that sixty days was adequate ordinances. He suggested that the Board amendments to the Planning Commission rel maintenance bonding and SWM/BMP buffer consideration and draft language for staff remaining six ordinances. Turner stated he time to draft the forward ordinance ated to landscape encroachment for in regards to the In response to Ms. Jaeckle's questions, Ms. Rogers stated the first ordinances that came up through the process were the landscape maintenance bonding and SWM/BMP buffer encroachment ordinances. She further stated some of the ordinances will need substantial public input. She stated the entire list of ordinance amendments will not be presented at the same time due to language and public input. Mr. Holland stated he needs quantitative numbers in regards to savings associated with the proposed ordinances. Mr. Mincks reiterated Ms. Jaeckle's motion, seconded by Mr. Gecker, for the Board to refer ordinance amendments related to landscape maintenance bonding and storm water and best management facilities encroachment into buffers to the Planning Commission and instruct that a public hearing be held and a recommendation be made to the Board. J J J 11-321 Ms. Jaeckle stated the prepared ordinances should be forwarded to the Planning Commission. Mr. Warren called for a vote on the motion made by Ms. Jaeckle, seconded by Mr. Gecker, for the Board to refer ordinance amendments related to landscape maintenance bonding and storm water and best management facilities encroachment into buffers to the Planning Commission and instruct that a public hearing be held and a recommendation be made to the Board. Ayes: Warren, Jaeckle, and Gecker. Nays: Holland and Durfee. Mr. Mincks stated the action that remains is for the Board to direct staff to draft several ordinance amendments and bring them back to the Board for referral to the Planning Commission for public hearing and recommendation. Ms. Durfee expressed concerns regarding the Planning Commission's current work load, especially during the Comprehensive Plan process. Ms. Jaeckle made a motion, seconded by Mr. Gecker, for the Board to direct staff to draft ordinance amendments relative to: (a) limited clearing in tree preservation areas in setbacks along public roads; (b) setback requirements from resource protection areas; (c) requirements for submission of a natural resource inventory at time of rezoning; (d) parking requirements; and (e) buffer requirements; and (f) R-7/R-9 zoning or a new zoning district that would accommodate small- lot development. In response to Mr. Warren's question, Ms. Rogers stated staff could turn ordinance amendments around fairly quickly relative to limited clearing setbacks, RPA setbacks and a proposal to eliminate the NRI at the time of zoning, and come back to the Board to refer them to the Planning Commission. She further stated the parking requirements, buffer requirements and R-7/R-9 zoning would require a committee from the development community and citizen input and could take staff six to nine months to draft. Ms. Durfee stated staff s Comprehensive Plan, rather than Mr. Gecker suggested that the from the list for the time remaining ordinance amendments Comprehensive Plan update. hould be focusing on the ordinance amendments. R-7/R-9 zoning be eliminated being, indicating that the would not be impacted by the Ms. Jaeckle stated she believes that quality residential development is all part of the big picture of economic development. Discussion ensued relative to the proposed ordinance amendments' impact on economic development. In response to Mr. Holland's questions, Mr. Turner stated a fiscal analysis has not been done on the impact of the ordinances associated with the Comprehensive Plan. He further stated the proposed ordinances will bring dividends; the 11-322 development community has asked for them; and they are appropriate. Mr. Gecker made a substitute motion for the Board to direct staff to draft ordinance amendments relative to: (a) limited clearing iri tree preservation areas in setbacks along public roads; (b) setback requirements from resource protection areas; (c) requirements for submission of ~a natural resource inventory at time of rezoning; (d) parking requirements; and (e) buffer requirements. Ms. Jaeckle seconded Mr. Gecker's substitute motion. (By making and seconding a substitute motion, Ms. Jaeckle and' Mr. Gecker agreed to withdraw their original motion.) Mr. Warren called for vote on the motion of Mr. Gecker, seconded by Ms. Jaeckle, for the Board to direct staff to draft ordinance amendments relative to: (a) limited clearing in tree preservation areas in setbacks along public roads; (b) setback requirements from resource protection areas; (c) requirements for submission of a natural resource inventory at time of rezoning; (d) parking requirements; and (e) buffer requirements. Ayes: Warren, Jaeckle, Holland, Durfee, and Gecker. Nays: None. Mr. Warren stated the motion was approved unanimously. 7. DEFERRED ITEMS 7.A. CONSIDERATION OF AN ORDINANCE TO VACATE A VARIABLE WIDTH UNIMPROVED RIGHT OF WAY KNOWN AS MOSSY OAK ROAD WITHIN FOXFIELD SUBDIVISION Mr. Dupler stated this item was deferred from the March 9, 2011, and April 27, 2011, meetings. He further stated the applicant submitted an application requesting the vacation of a variable width unimproved right of way known as Mossy Oak Road within Foxfield Subdivision. He stated there is no need for this right of way because the Planning Commission approved an amended tentative plan eliminating the need for this stub road. In response to Ms. Durfee's questions, Mr. Todd Charmbers of Balzer and Associates stated the reason for eliminating Mossy Oak Road was that the developer thought the product would change the consideration of the new proposed section of Foxfield due to smaller properties. He further stated the connection in the rear of the subdivision will be mainly for emergency services, not for cut-through traffic. On motion of Ms. Durfee, seconded by Mr. Holland, the Board adopted the following ordinance to vacate a variable width unimproved right of way known as Mossy Oak Road within Foxfield Subdivision: AN ORDINANCE whereby the COUNTY OF CHESTERFIELD, VIRGINIA, ("GRANTOR") vacates to BV DEVELOPMENT, L.C., a Virginia limited liability company; and MICHAEL K. MAYS and JUDY C. MAYS, husband and wife, J J J 11-323 ("GRANTEE"), a variable width unimproved county right of way known as Mossy Oak Road within Foxfield Subdivision, MATOACA Magisterial District, Chesterfield County, Virginia, as shown on a plat thereof duly recorded in the Clerk's Office of the Circuit Court of Chesterfield County in Plat Book 157, at Page 41. WHEREAS, Balzer and Associates Inc., petitioned the Board of Supervisors of Chesterfield County, Virginia to vacate a variable width unimproved county right of way known as Mossy Oak Road within Foxfield Subdivision, MATOACA Magisterial District, Chesterfield County, Virginia more particularly shown on a plat of record in the Clerk's Office of the Circuit Court of said County in Plat Book 157, Page 41, by BALZER AND ASSOCIATES INC., dated JUNE 22, 2005, and recorded AUGUST 25, 2005. The right of way petitioned to be vacated is more fully described as follows: A variable width unimproved county right of way known as Mossy Oak Road within Foxfield Subdivision, the location of which is more fully shown on a plat made by BALZER AND ASSOCIATES INC., dated JANUARY 20, 2011, a copy of which is attached hereto and made a part of this Ordinance. WHEREAS, notice has been given pursuant to Section 15.2- 2204 of the Code of Virginia, 1950, as amended, by advertising; and WHEREAS, no public necessity exists for the continuance of the right of way sought to be vacated. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF SUPERVISORS OF CHESTERFIELD COUNTY, VIRGINIA: That pursuant to Section 15.2-2272 of the Code of Virginia, 1950, as amended, the aforesaid right of way be and is hereby vacated. This Ordinance shall be in full force and effect in accordance with Section 15.2-2272 of the Code of Virginia, 1950, as amended, and a certified copy of this Ordinance, together with the plat attached hereto shall be recorded no sooner than thirty days hereafter in the Clerk's Office of the Circuit Court of Chesterfield County, Virginia pursuant to Section 15.2-2276 of the Code of Virginia, 1950, as amended. The effect of this 2274 is to destroy the the portion of the plat fee simple title to the vacated in the abutting rights of public use. Ordinance pursuant to Section 15.2- force and effect of the recording of vacated. This Ordinance shall vest centerline of the right of way hereby property owners free and clear of any Accordingly, this Ordinance shall be indexed in the names of the COUNTY OF CHESTERFIELD as GRANTOR, and BV DEVELOPMENT, L.C., a Virginia limited liability company and MICHAEL K. MAYS and JUDY C. MAYS, husband and wife, or their successors in title, as GRANTEE. Ayes: Warren, Jaeckle, Holland, Durfee, and Gecker. 11-324 Nays: None. 8. NEW BUSINESS 8.A. APPOINTMENTS On motion of Ms. Jaeckle, seconded by Mr.~Warren, the Board suspended its rules to allow simultaneous nomination/ appointment/reappointment to the John Tyler Community College Board and the Sustain Our Communities Committee. Ayes: Warren, Jaeckle, Holland, Durfee, and Gecker. Nays: None. 8.A.1. JOHN TYLER COMMUNITY COLLEGE LOCAL BOARD On motion of Mr. Warren, seconded by Mr. Holland, the Board simultaneously nominated/appointed/reappointed Mr. Art Heinz and Dr. Joyce Rowe. as members of the John Tyler Community College Local Board, whose terms are effective July 1, 2011 and expire June 30, 2015. Ayes: Warren, Jaeckle, Holland, Durfee, and Gecker. Nays: None. 8.A.2. SUSTAIN OUR COMMUNITIES COMMITTEE On motion of Ms. Durfee, seconded by Mr. Holland, the Board simultaneously nominated/appointed Mr. Kevin McNulty as a member of the Sustain Our Communities Committee, whose term is effective immediately and expires December 31, 2012. Ayes: Warren, Jaeckle, Holland, Durfee, and Gecker. Nays: None. 8.B. CONSENT ITEMS 8.B.1. ADOPTION OF RESOLUTIONS 8.B.i.a. RECOGNIZING MAY 15-21, 2011, AS "NATIONAL LAW ENFORCEMENT WEEK" IN CHESTERFIELD COUNTY On motion of Ms. Jaeckle, seconded by Mr. Warren, the Board adopted the following resolution: WHEREAS, one of Chesterfield County's seven strategic goals is "to be the safest and most secure community compared to similar jurisdictions"; and WHEREAS, no human aspiration is more fundamental and important than safety of family, self and others whom we hold dear; and WHEREAS, the dedicated, loyal and brave members of the various law enforcement agencies that operate in Chesterfield County provide an invaluable service to all citizens; and WHEREAS, this service, provided 24 hours a day and 365 days a year, is part of the foundation upon which our quality of life rests; and J J J 11-325 WHEREAS, since the first recorded death in 1791, over 19,000 law enforcement officers in the United States have made the ultimate sacrifice and been killed in the line of duty and some 60,000 assaults against law enforcement officers are reported each year, resulting in approximately 16,000 injuries; and WHEREAS, the week of May 15-21, 2011, is recognized across the nation as "National Law Enforcement Week" and will honor the 153 law enforcement officers who gave their lives in 2010 in the line of duty; and WHEREAS, Chesterfield County is proud and honored to have such outstanding and professional individuals serving as law enforcement officers in the county to protect the health, safety and welfare of its citizenry. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors hereby recognizes the week of May 15-21, 2011, as "National Law Enforcement Week" in Chesterfield County and calls this recognition to the attention of all its citizens, as well as publicly salutes the service of law enforcement officers in our community. Ayes: Warren, Jaeckle, Holland, Durfee, and Gecker. Nays: .None. 8.B.l.b. RECOGNIZING COUNTY EMPLOYEES UPON THEIR RETIREMENT 8.B.l.b.l. MR. HARRY LIVESAY, JR., INFORMATION SYSTEMS TECHNOLOGY DEPARTMENT On motion of Ms. Jaeckle, seconded by Mr. Warren, the Board adopted the following resolution: WHEREAS, Mr. Harry A. Livesay, Jr. will retire from the Chesterfield County Information Systems Technology Department on June 1, 2011, after providing more than 41 years of quality service to the citizens of Chesterfield County; and WHEREAS, Mr. Livesay is one of only two full-time employees hired in the 1960's who is still employed with Chesterfield County and is the second longest tenured employee in the county; and WHEREAS, Mr. Livesay has faithfully served the county in the capacity of lead programmer analyst for the Information Systems Technology Department; and WHEREAS, Mr. Livesay has worked on more than 400 projects since record keeping began in the early 1980s; and WHEREAS, Mr. Livesay has supported the following departments' system development needs: Accounting, Assessor, Building Inspection, Commissioner of Revenue, Economic Development, Environmental Engineering, HRM, Library, Planning, Schools, Social Services, Transportation, Treasurer, Utilities; and WHEREAS, Mr. Livesay has been instrumental in implementing some of the most technically challenging systems 11-326 for Chesterfield County, including the System Planning Information System; and WHEREAS, Mr. Livesay's knowledge, guidance, ethical behavior and analytical abilities have helped to make the Information Systems Technology Department a recognized and respected resource; and WHEREAS, Mr. Livesay has earned the admiration and respect of his peers and colleagues at Chesterfield County for his dedication, calm demeanor, enthusiasm, professionalism, and his ability to transition from old technology to emerging technology; and WHEREAS, Mr. Livesay will be remembered by his co- workers as having a warm sense of humor, respect for his employees and colleagues, and a man who always performed his job in a superior manner; and WHEREAS, Mr. Livesay has made many lasting contributions to his field of application development and to the IST staff who will be forever grateful for his analytical abilities, programming skills, pleasant personality and most importantly, his friendship; and WHEREAS, Mr. Livesay displayed the highest degree of professionalism and courtesy to his customers and was. known for providing a personal touch, such as hand delivering reports or making person-to-person contact to gather information, and he always provided a clear and concise overview of the actions taken to accomplish his customer's request; and WHEREAS, Chesterfield County and the Board of Supervisors will miss Mr. Livesay's diligent service. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes Mr. Harry A. Livesay, Jr., and extends on behalf of its members and the citizens of Chesterfield County, appreciation for his service to the county, congratulations upon his retirement, and best wishes for a long and happy retirement. Ayes: Warren, Jaeckle, Holland, Durfee, and Gecker. Nays: None. 8.B.1.b.2. DEPUTY CORNELIA C. GAILLARD, SHERIFF'S OFFICE On motion of Ms. Jaeckle, seconded by Mr. Warren, the Board adopted the following resolution: WHEREAS, Mrs. Cornelia C. Gaillard will retire June 1, 2011, after faithfully serving Chesterfield County for 20 years; and WHEREAS, Deputy Gaillard was hired on May 13, 1991, as a deputy with the Chesterfield County Sheriff's Office serving in the Correctional Facility; and WHEREAS, Deputy Gaillard transferred to the General District and Circuit Courts Facility unit in June 2002, where J J 11-327 she shared her knowledge and professionalism and served until her retirement; and WHEREAS, Deputy Gaillard received numerous letters of appreciation and several department commendations for her dedication and service to the employees and citizens of Chesterfield County and was selected as Employee of the Quarter in March 2009; and WHEREAS, Deputy Gaillard was known for her outstanding ability to handle inmates, professional demeanor with co- workers and members of other departments, and her high level of motivation and commitment to excellence, while providing quality service and symbolizing the spirit of the Sheriff's Office; and WHEREAS, Deputy Gaillard was a very reliable employee who could always be counted on to accomplish her duties and responsibilities in a timely fashion along with portraying very high ethical standards; and WHEREAS, Deputy Gaillard will be truly missed by her many friends and co-workers within the Sheriff's Office family. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes the outstanding contributions of Deputy Cornelia C. Gaillard, expresses the appreciation of all residents for her service to Chesterfield County and extends appreciation for her dedicated service to the county and congratulations upon her retirement, as well as best wishes for a long and happy retirement. Ayes: Warren, Jaeckle, Holland, Durfee, and Gecker. Nays: None. 8.B.1.b.3. SERGEANT LINV~IOOD C. ARRINGTON, POLICE DEPARTMENT On motion of Ms. Jaeckle, seconded by Mr. Warren, the Board adopted the following resolution: WHEREAS, Sergeant Linwood C. Arrington will retire from the Chesterfield County Police Department on June 1, 2011, after providing more than 29 years of quality service to the citizens of Chesterfield County; and WHEREAS, Sergeant Arrington has faithfully served the county in the capacities of Police Officer, Senior Officer, Master Officer, Career Officer and Sergeant; and WHEREAS, during his tenure, Sergeant Arrington has served diligently throughout the department in the capacity of General Instructor, Field Training Officer, DARE Officer, Crime Prevention Officer, School Resource Officer and Administrative Sergeant; and WHEREAS, Sergeant Arrington received a Certificate of Achievement for his exemplary management of the Neighborhood Watch Program; and WHEREAS, Sergeant Arrington served as the acting Unit Commander of the Forensics Unit; and 11-328 WHEREAS, Sergeant Arrington managed the complete renovation of the Forensic Laboratory, a time-consuming project involving extensive research relative to new equipment to be purchased with $150,000 in Federal Grant funds, resulting in a state-of-the-art facility; and WHEREAS, Sergeant Arrington. made significant contributions to numerous committees during his career including the Police Quality Council, the Stepp Program Curriculum Committee, the Critical Incidents at Schools Response Team and the Chief's Advisory Council; and WHEREAS, Sergeant Arrington is recognized for his communications and human relations skills, which he has utilized within the Police Department and in assisting citizens of Chesterfield County; and WHEREAS, Sergeant Arrington has provided the Chesterfield County Police Department with many years of loyal and dedicated service; and WHEREAS, Chesterfield County and the Board. of Supervisors will miss Sergeant Arrington's diligent service. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes Sergeant Linwood C. Arrington, and extends on behalf of its members and the citizens of Chesterfield County, appreciation for his service to the county, congratulations upon his retirement, and best wishes for a long and happy retirement. Ayes: Warren, Jaeckle, Holland, Durfee, and Gecker. Nays: None. 8.B.1.b.4. SERGEANT HENRY J. "HANK" PAPIERNIK, POLICE DEPARTMENT On motion of Ms. Jaeckle, seconded by Mr. Warren, the Board adopted the following resolution: WHEREAS, Sergeant Henry J. "Hank" Papiernik retired from the Chesterfield County Police Department on March 1, 2011, after providing more than 26 years of quality service to the citizens of Chesterfield County; and WHEREAS, Sergeant Papiernik has faithfully served the County in the capacities of Police Officer, Police Investigator, Police Detective and Police Sergeant; and WHEREAS, during his tenure with the Police Department, Sergeant Papiernik served diligently in the Uniform Operations Bureau, the Investigations Bureau and the Office of the Chief, Office of Professional Standards; and WHEREAS; within weeks of being employed, Sergeant Papiernik distinguished himself by being selected to participate in an undercover operation, and WHEREAS; Sergeant Papiernik was the recipient of a Chief's Commendation Award for his detective work and integral role in the arrest of eight criminals, which led to J J J 11-329 clearing more than twenty-three felony cases and the recovery of personal property valued at greater than $100,000; and WHEREAS, Sergeant Papiernik was assigned to a newly created Administrative Sergeant position, where he was charged with developing the scope and responsibilities, and he exceeded expectations in completing the development task and demonstrated a high level of administrative competence and effectiveness in carrying out the ongoing functions of the new position; and WHEREAS, Sergeant Papiernik served on the Police Department Quality Council and also made significant contributions to the department with his service on the Accident Review Board, the Training Needs Assessment Team and the Sergeant and Lieutenant Promotional Process Team; and WHEREAS, Sergeant Papiernik is recognized for his positive and professional attitude, his consistent team focus and his excellent communications and human relations skills, which he has utilized within the Police Department and in assisting citizens of Chesterfield County; and WHEREAS, Sergeant Papiernik has received numerous letters of commendation, thanks and appreciation during his career from the citizens of Chesterfield County for service rendered; and WHEREAS, Sergeant Papiernik has provided the Chesterfield County Police Department with many years of loyal and dedicated service; and WHEREAS, Chesterfield County and the Board of Supervisors will miss Sergeant Papiernik's diligent service. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes Sergeant Henry J. "Hank" Papiernik, and extends on behalf of its members and the citizens of Chesterfield County, appreciation for his service to the county, congratulations upon his retirement, and best wishes for a long and happy retirement. Ayes: Warren, Jaeckle, Holland, Durfee, and Gecker. Nays: None. 8.B.1.b.5. CORPORAL DAVID A. YEAGER, POLICE DEPARTMENT On motion of Ms. Jaeckle, seconded by Mr. Warren, the Board adopted the following resolution: WHEREAS, Corporal David A. Yeager will retire from the Chesterfield County Police Department on June 1, 2011, after providing more than 31 years of quality service to the citizens of Chesterfield County; and WHEREAS, Corporal Yeager has faithfully served the county in the capacities of Police Aide, Police Officer, Senior Officer, Master Officer, Career Officer and Corporal; and 11-330 WHEREAS, Corporal Yeager has served as Field Training Officer for his shift, thereby sharing his wisdom, expertise and strong work ethic with new officers; and WHEREAS, Corporal Yeager was the recipient of a 2001 Life Saving Award for his actions as he came upon a vehicle accident, and as fire was coming from under the hood and through very heavy smoke, he extricated° the unresponsive subject from the vehicle and pulled him to safety, saving the driver from additional injury of burns, smoke inhalation and possible death; and WHEREAS, Corporal Yeager behavior to those with whom he always been accessible to the their needs; and has always extended courteous has come into contact and has public and very responsive to WHEREAS, Corporal Yeager has received numerous letters of commendation, thanks and appreciation during his career from the citizens of Chesterfield County for service rendered; and WHEREAS, Corporal Yeager is recognized for his positive and professional attitude, his teamwork, communication and human relation skills, which he has utilized within the Police Department and in assisting citizens of Chesterfield County; and WHEREAS, Corporal Yeager has provided the Chesterfield County Police Department with many years of loyal and dedicated service; and WHEREAS, Chesterfield County and the Board of Supervisors will miss Corporal Yeager's diligent service. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors publicly recognizes Corporal David A. Yeager, and extends on behalf of its members and the citizens of Chesterfield County, appreciation for his service to the county, congratulations upon his retirement, and best wishes for a long and happy retirement. Ayes: Warren, Jaeckle, Holland, Durfee, and Gecker. Nays: None. 8.B.1.b.6. CAPTAIN ROBERT W. "BOB" SKOWRON, POLICE DEPARTMENT On motion of Ms. Jaeckle, seconded by Mr. Warren, the Board adopted the following resolution: WHEREAS, Captain Robert W. Skowron will retire from the Chesterfield County Police Department on June 1, 2011, after providing more than 22 years of quality service to the citizens of Chesterfield County; and WHEREAS, Captain Skowron's law enforcement career began over 29 years ago with the VCU Police Department, and he also was employed with the Richmond City Police Department where he received numerous awards, including being recognized as the Homicide Investigator of the Year; and J J J 11-331 WHEREAS, Captain Skowron has faithfully served the county in the capacities of Police Officer, Investigator, Detective, Sergeant, Lieutenant and Captain; and WHEREAS, Captain Skowron has been certified as a general instructor since 1988 and has taught the Interview Interrogation Class for the Police Basic Academy for the past eighteen years; and WHEREAS, during his tenure with the Police Department, Captain Skowron has served as Secondary .Commander of the Police Emergency Response Team, Watch Commander, and Special Operations Commander; and WHEREAS, Captain Skowron was awarded the Mason T. Chalkley Supervisory Concern for People Award for continually demonstrating the highest degree of concern for subordinates and all department personnel; and WHEREAS, Captain Skowron was commended for his dedication and diligence in bringing to a conclusion one of the most costly and manpower-intensive homicide investigations ever undertaken by the department, which resulted in the arrest and conviction of all involved in the double homicide; and WHEREAS, Captain Skowron received the Chief's Commendation Award for his integral role in the apprehension of an eight-member burglary ring, which resulted in clearing twenty-three felony cases and the recovery of property valued at greater than $100,000; and WHEREAS, Captain Skowron received the Chief's Commendation Award for his outstanding contributions in the development of the 10-week Chesterfield County Police Booking Technician training curriculum, which resulted in the successful initial training of the technicians; and WHEREAS, Captain Skowron was commended for his diligence and dedication while serving as a member of a Robbery Task Force, which was formed to address commercial robberies in Chesterfield County, and as a result, three subjects were arrested; there was a decline in commercial robberies; and information shared with Richmond Police Department and Hanover Sheriff's Department enabled them to clear a total of fourteen robberies; and WHEREAS, while serving in the Crimes Against Persons Unit, Captain Skowron and his fellow members of the unit were the recipients of a Unit Citation Award for their commitment to excellence after the unit was tasked with investigating a large number of robberies, which culminated in the arrest of 111 suspects and achieved a case clearance rate well above the national average; and WHEREAS, Captain Skowron was the recipient of the Chief's Commendation Award for his outstanding forensic knowledge and skill that led to the convictions of two murderers in Chesterfield County and the City of Richmond; the fact that neither defendant confessed made the role of forensic evidence critical, and the evidence gathered also enabled Richmond Police to clear the Steak and Ale murder and the La Quinta shooting; and 11-332 WHEREAS, Captain Skowron received a Certificate of Achievement for coordinating the submission of the 2001 Law Enforcement Challenge, which placed first in the Virginia competition, and first in the Technology category and second overall in the National competition; and WHEREAS, Captain Skowron wa professionalism and dedication shown extensive investigation of a brutal county, which resulted in the recover the commitment of the crime an culminating in the arrest of two subj and s commended for his during the intense and murder committed in the y of items stolen during 3 the murder weapon, acts for Capital Murder; WHEREAS, Captain. Skowron was the recipient of the Chief's Commendation Award for his actions during the investigation of two robberies of Nations Bank and the fatal shooting of the bank guard; the work of Captain Skowron and two detectives resulted in the capture of the suspect before another crime was committed; and due to their efforts and with assistance from other agencies, the suspect was located, taken into custody without incident, and the murder weapon as well as several thousands of dollars were recovered; and WHEREAS, Captain Skowron represented the Police Department during his career on numerous committees and teams, including the EMS Advisory Council, Emergency Management Exercise Committee and as a member of the board of Citizens of Greater Richmond Against Gun Violence, and he has also served as the director of the Virginia Forensic Science Academy-Central Association; and WHEREAS, Captain Skowron has received numerous letters of commendation, thanks and appreciation during his career from the citizens of Chesterfield County for service rendered; and WHEREAS, Captain Skowron has provided the Chesterfield County Police Department with many years of loyal and dedicated service; and WHEREAS, Chesterfield County and the Board of Supervisors will miss Captain Robert W. Skowron's diligent service. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes Captain Robert W. Skowron, and extends on behalf of its members and the citizens of Chesterfield County, appreciation for his service to the county, congratulations upon his retirement, and best wishes for a long and happy retirement. Ayes: Warren, Jaeckle, Holland, Durfee, and Gecker. Nays: None. 8.B.l.c. SUPPORTING THE VIRGINIA DEPARTMENT OF TRANSPORTATION'S DESIGN OF THE ROUTE 1 OVER CSX RAILROAD BRIDGE REPLACEMENT PROJECT On motion of Ms. Jaeckle, seconded by Mr. Warren, the Board adopted the following resolution: J J J 11-333 WHEREAS, the Virginia Department of Transportation has determined that the Route 1 Bridge over the CSX railroad, north of Chester Road needs to be replaced; and WHEREAS, the Route 1 Bridge over the CSX railroad accommodates over 24,000 vehicles per day and is a critical structure along Route 1; and WHEREAS, the Route 1 Bridge over the CSX Railroad Project is included in the Virginia Department of Transportation's Six Year Improvement Program; and WHEREAS, the Virginia Department of Transportation conducted a public hearing on the design of the Route 1 Bridge over the CSX Railroad Project; and WHEREAS, in addition to vehicular traffic, Route 1 carries bike and pedestrian traffic; and WHEREAS, the Route 1 Bridge has been designed with four lanes and ten-foot shoulders and traffic volumes are expected to increase requiring Route 1 to be widened beyond four lanes in the future. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors supports the Virginia Department of Transportation's Route 1 Bridge over the CSX railroad Project, as presented at the public hearing, with modifications necessary to accommodate bicyclists and pedestrians; AND, BE IT FURTHER RESOLVED that the Board requests VDOT to proceed with the right-of-way acquisition and construction of the project as quickly as possible. Ayes: Warren, Jaeckle, Holland, Durfee, and Gecker. Nays: None. 8.B.2. TRANSFER OF DISTRICT IMPROVEMENT FUNDS 8.B.2.a. FROM THE DALE AND BERMUDA DISTRICTS TO THE PARKS AND RECREATION DEPARTMENT FOR THE DEPARTMENT TO PURCHASE MATERIALS TO ERECT A PRESS BOX AT THE LLOYD C. BIRD HIGH SCHOOL VARSITY BASEBALL FIELD On motion of Ms. Jaeckle, seconded by Mr. Warren, the Board transferred a total of $6,000 ($3,000 each) from the Dale and Bermuda District Improvement Funds to the Parks and Recreation Department for the department to purchase materials needed to erect a press box at the Bird High School Varsity Baseball Field. Ayes: Warren, Jaeckle, Holland, Durfee, and Gecker. Nays: None. 8.B.2.b. FROM THE MIDLOTHIAN DISTRICT TO THE PARKS AND RECREATION DEPARTMENT TO PURCHASE AND INSTALL COVERED SCORER TABLES AT EACH OF THE FIVE BASEBALL FIELDS LOCATED AT THE ROBIOUS ATHLETIC COMPLEX 11-334 On motion of Ms. Jaeckle, seconded by Mr. Warren, the Board transferred $6,000 from the Midlothian District Improvement Fund to the Parks and Recreation Department to purchase and install covered scorer tables at each of the five baseball fields located at the Robious Athletic Complex. Ayes: Warren, Jaeckle, Holland, Durfee, and Gecker. Nays: None. 8.B.2.c. FROM THE MATOACA DISTRICT TO THE MATOACA VOLUNTEER FIRE DEPARTMENT FOR REPLACEMENT WINDOWS, EXTERIOR TRIM, WOOD WORK AND APPLICABLE EXTERIOR PAINTING FOR THE FIRE STATION On motion of Ms. Jaeckle, seconded by Mr. Warren, the Board transferred $5,000 from the Matoaca District Improvement Fund to the Matoaca Volunteer Fire Department for replacement windows, exterior trim, wood work and applicable exterior painting for the fire station. Ayes: Warren, Jaeckle, Holland, Durfee, and Gecker. Nays: None. 8.B.3. SET DATES FOR PUBLIC HEARINGS 8.B.3.a. TO CONSIDER THE FY2012 SECONDARY ROAD IMPROVEMENT BUDGET On motion of Ms. Jaeckle, seconded by Mr. Warren, the Board set June 15, 2011 as a public hearing date to consider the Virginia Department of Transportation (VDOT) FY2012 Secondary Road Improvement Budget for Chesterfield County. Ayes: Warren, Jaeckle, Holland, Durfee, and Gecker. Nays: None. 8.B.3.b. TO CONSIDER ADOPTION OF AN AMENDED ORDINANCE REVISING THE SPECIAL ASSESSMENT ON THE PROPERTY WITHIN THE CHIPPENHAM PLACE COMMUNITY DEVELOPMENT AUTHORITY DISTRICT (CLOVERLEAF MALL SITE) On motion of Ms. Jaeckle, seconded by Mr. Warren, the Board set June 15, 2011 as a public hearing date to consider adoption of an amended ordinance revising the special assessment on the property within the Chippenham Place Community Development Authority District. Ayes: Warren, Jaeckle, Holland, Durfee, and Gecker. Nays: None. 8.B.4. TRANSFER OF FUNDS, AUTHORIZATION TO ENTER INTO AGREEMENTS AND AUTHORIZATION TO AWARD CONSTRUCTION CONTRACT FOR MANCHESTER MIDDLE SCHOOL RIGHT TURN LANE PROJECT On motion of Ms. Jaeckle, seconded by Mr. Warren, the Board transferred $65,000 from the General Road Improvement Account for the Manchester Middle School right turn lane project; authorized the County Administrator to proceed with the J J 11-335 design and enter into the customary VDOT and environmental permits/mitigation agreements; and authorized the County Administrator to award a construction contract up to $52,000 to the lowest responsive and responsible bidder. Ayes: Warren, Jaeckle, Holland, Durfee, and Decker. Nays: None. 8.B.5. REQUESTS FOR PERMISSION 8.B.5.a. FROM OSCAR E. SANCHEZ FOR AN EXISTING FENCE AND GARDEN TO ENCROACH WITHIN A SIXTEEN-FOOT DRAINAGE EASEMENT ACROSS LOT 18, JESSUP FARMS, SECTION H On motion of Ms. Jaeckle, seconded by Mr. Warren, the Board granted Oscar E. Sanchez permission for an existing fence and garden to encroach within a 16' drainage easement across Lot 18, Jessup Farms, Section H, subject to the execution of a license agreement. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Warren, Jaeckle, Holland, Durfee, and Gecker. Nays: None. 8.B.5.b. FROM EVER A. BERNAL AND WHITNEY C. BERNAL FOR AN EXISTING FENCE TO ENCROACH WITHIN A SIXTEEN-FOOT DRAINAGE EASEMENT AND AN EIGHT-FOOT EASEMENT ACROSS LOT 20, JESSUP FARMS, SECTION H On motion of Ms. Jaeckle, seconded by Mr. Warren, the Board granted Ever A. Bernal and Whitney C. Bernal permission for an existing fence to encroach within a 16' drainage easement and an 8' easement across Lot 20, Jessup Farms, Section H, subject to the execution of a license agreement. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Warren, Jaeckle, Holland, Durfee, and Decker. Nays: None. 8.B.5.c. FROM SANDRA M. CLEARMAN FOR AN EXISTING FENCE TO ENCROACH WITHIN AN EIGHT-FOOT DRAINAGE EASEMENT ACROSS LOT 13, CYPRESS WOODS, SECTION 3 On motion of Ms. Jaeckle, seconded by Mr. Warren, the Board granted Sandra M. Clearman permission for an existing fence to encroach within an 8' drainage easement across Lot 13, Cypress Woods, Section 3, subject to the execution of a license agreement. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Warren, Jaeckle, Holland, Durfee, and Decker. Nays: None. 8.B.5.d. FROM JEFFERY W. LOGAN FOR AN EXISTING DECK TO ENCROACH WITHIN A SIXTEEN-FOOT SEWER EASEMENT ACROSS LOT 38, WALNUT GROVE, SECTION 1 On motion of Ms. Jaeckle, seconded by Mr. Warren, the Board granted Jeffery W. Logan permission for an existing deck to 11-336 encroach within a 16' sewer easement across Lot 38, Walnut Grove, Section 1, subject to the execution of a license agreement. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Warren, Jaeckle, Holland, Durfee, and Gecker. Nays: None. 8.B.5.e. FROM SEAN MCKNIGHT AND ANGELA MCKNIGHT FOR A PROPOSED FENCE TO ENCROACH WITHIN A SIXTEEN-FOOT DRAINAGE EASEMENT ACROSS LOT 40, HAYWOOD VILLAGE, SECTION A AT CHARTER COLONY On motion of Ms. Jaeckle, seconded by Mr. Warren, the Board granted Sean McKnight and Angela McKnight permission for a proposed fence to encroach within a 16' drainage easement across Lot 40, Haywood Village, Section A at Charter Colony, subject to the execution of a license agreement. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Warren, Jaeckle, Holland, Durfee, and Gecker. Nays: None. 8.B.6. DESIGNATION OF RIGHT OF WAY FOR COALFIELD ROAD On motion of Ms. Jaeckle, seconded by Mr. Warren, the Board designated right of way for Coalfield Road 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.7. REQUEST TO QUITCLAIM WATER, SEWER AND DRAINAGE EASEMENTS ACROSS THE PROPERTY OF ECONOMIC DEVELOPMENT AUTHORITY OF THE COUNTY OF CHESTERFIELD On motion of Ms. Jaeckle, seconded by Mr. Warren, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute a quitclaim deed to vacate water, sewer and drainage easements across the property of Economic Development Authority of the County of Chesterfield. (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. APPROVAL OF LEASES 8.B.8.a. FOR THE EMPLOYEE HEALTH CLINIC On motion of Ms. Jaeckle, seconded by Mr. Warren, the Board authorized the County Administrator to execute a lease for the Employee Health Clinic. Ayes: Warren, Jaeckle, Holland, Durfee, and Gecker. Nays: None. J J J 11-337 8.B.8.b. FOR THE POLICE DEPARTMENT, OFFICE OF PROFESSIONAL emnNnnRnc On motion of Ms. Jaeckle, seconded by Mr. Warren, the Board authorized the County Administrator to execute a lease for office space with CS Development Company, Inc. for use by the Police Department, Office of Professional Standards. (It is noted a copy of the vicinity sketch is filed with the papers of this Board.) Ayes: Warren, Jaeckle, Holland, Durfee, and Gecker. Nays: None. 8.B.9. STATE ROAD ACCEPTANCES On motion of Ms. Jaeckle, seconded by Mr. Warren, 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: Magnolia Green Section A Type Change to the Secondary System of State Highways: nr1r1; +-; r,r Reason for Change: New subdivision street Pursuant to Code of Virginia Statute: X33.1-229 Street Name and/or Route Number • Weeping Cherry Lane, State Route Number 7539 From: 0.02 miles north of Woolridge Road, (Route 668) To: Bears Breech Drive, (Route 7560), a distance of: 0.04 miles. Recordation Reference: Pb. 186, Pg. 3 Right of Way width (feet) = 55 • Weeping Cherry Lane, State Route Number 7539 From: Bears Breech Drive, (Route 7560) To: Fox Brush Tl., (Route 7561), a distance of: 0.06 miles. Recordation Reference: Pb. 186, Pg. 3 Right of Way width (feet) = 45 11-338 • Weeping Cherry Lane, State Route Number 7539 From: Fox Brush T1., (Route 7561) To: Heartleaf Lane, (Route 7562), a distance of: 0.05 miles. Recordation Reference: Pb. 186, Pg. 3 Right of Way width (feet) = 45 • Weeping Cherry Lane, State Route Number 7539 From: Heartleaf Lane, (Route 7562) To: Cul-de-sac, a distance of: 0.14 miles. Recordation Reference: Pb. 186, Pg. 3 Right of Way width (feet) = 45 • Great Willow Drive, State Route Number 7541 From: 02 miles north of Woolridge Road, (Route 668) To: Bears Breech Drive, (Route 7560), a distance of: 0.03 miles. Recordation Reference: Pb. 186, Pg. 3 Right of Way width (feet) = 55 • Heartleaf Place, State Route Number 7563 From: Heartleaf Ln., (Rt 7562) To: Cul-de-sac, a distance of: 0.03 miles. Recordation Reference: Pb. 186, Pg. 3 Right of Way width (feet) = 40 • Great Willow Drive, State Route Number 7541 From: Fox Brush T1., (Route 7561) To: Cul-de-sac, a distance of: 0.09 miles. Recordation Reference: Pb. 186, Pg. 3 Right of Way width (feet) = 45 • Bears Breech Drive, State Route Number 7560 From: Great Willow Drive, (Route 7541) To: Weeping Cherry Lane, (Route 7539), a distance of: 0.22 miles. Recordation Reference: Pb. 186, Pg. 3 Right of Way width (feet) = 45 • Fox Brush Trail, State Route Number 7561 From: Great Willow Drive, (Route 7541) To: Weeping Cherry Lane, (Route 7539), a distance of: 0.22 miles. Recordation Reference: Pb. 186, Pg. 3 Right of Way width (feet) = 45 • Heartleaf Lane, State Route Number 7562 From: Weeping Cherry Lane, (Route 7562) To: Heartleaf Place, (Route 7563), a distance of: 0.06 miles. Recordation Reference: Pb. 186, Pg. 3 Right of Way width (feet) = 45 • Heartleaf Lane, State Route Number 7562 From: Heartleaf Place, (Route 7563) To: Cul-de-sac, a distance of: 0.08 miles. Recordation Reference: Pb. 186, Pg. 3 Right of Way width (feet) = 45 • Great Willow Drive, State Route Number 7541 From: Bears Breech Drive, (Route 7560) To: Fox Brush Tl., (Route 7561), a distance of: 0.07 miles. Recordation Reference: Pb. 186, Pg. 3 Right of Way width (feet) = var J J J 11-339 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: Stoney Glen South Section 9 Type Change to the Secondary System of State Highways: Addition Reason for Change: New subdivision street Pursuant to Code of Virginia Statute: §33.1-229 Street Name and/or Route Number • Beachmere Drive, State Route Number 5394 From: Baltustrol Avenue, (Route 5393) To: Tooley Drive, (Route 5666), a distance of: 0.17 miles. Recordation Reference: Pb. 179, Pg. 9 Right of Way width (feet) = 50 • Dampier Court, State Route Number 5667 From: 0.01 miles east of Dampier Drive, (Route 5397) To: Cul-de-sac, a distance of: 0.18 miles. Recordation Reference: Pb. 179, Pg. 9 Right of Way width (feet) = 50 • Beachmere Drive, State Route Number 5394 From: Tooley Drive, (Route 5666) To: Cul-de-sac, a distance of: 0.11 miles. Recordation Reference: Pb. 179, Pg. 9 Right of Way width (feet) = 50 And, further, the Board adopted the following resolution: WHEREAS, the street described below is 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 street meets the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation. 11-340 NOW, THEREFORE, BE the Virginia Department described below to the pursuant to Section 33 Department's Subdivision AND, a clear a necessary BE IT FURTHER nd unrestricted easements for .T RESOLVED, that of Transportation secondary system .1-229, Code of this Board requests to add the street of state highways, Virginia, and the Street Requirements. RESOLVED, that right-of-way, cuts, fills and AND, BE IT FURTHER RESOLVED, this resolution be forwarded to the Virginia Department of Transportation. .T RESOLVED, that ~f Transportation secondary system .1-229, Code of Project/Subdivision: Stoney Glen South Section 10 Type Change to the Secondary System of State Hiahwavs: Addition Reason for Change: New subdivision street Pursuant to Code of Virginia Statute: §33.1-229 Street Name and/or Route Number • Beachmere Terrace, State Route Number 5396 From: 0.03 miles west of Beachmere Drive, (Route 5394) To: Cul-de-sac, a distance of: 0.18 miles. Recordation Reference: Pb. 200 Pg. 1 Right of Way width (feet) = 50 Arid, 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 the Virginia Department described below to the pursuant to Section 33 Department's Subdivision AND, THEREFORE, BE the Virginia Department described below to the pursuant to Section 33 Department's Subdivision AND, a clear a necessary certified copy of Engineer for the this Board requests to add the streets of state highways, Virginia, and the Street Requirements. IT RESOLVED, that of Transportation secondary system .1-229, Code of this Board requests to add the streets of state highways, Virginia, and the Street Requirements. RESOLVED, that right-of-way, cuts, fills and AND, BE IT FURTHER RESOLVED, t this resolution be forwards to the R Virginia Department of Transportation. this Board guarantees as °described, and any drainage. that a Resident this Board guarantees as described, and any drainage. hat a certified copy of esident Engineer for the J J J 11-341 BE IT FURTHER nd unrestricted easements for Project/Subdivision: Primrose at Foxcreek Section 2 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 7319), a distance of: 0.25 miles. Recordation Reference: Pb. 183, Pg. 23 Right of Way width (feet) = 44 • Burnt Mills Lane, State Route Number 7327 From: 0.26 miles southwest of Primrose Tarry Drive, (Route 7319 ) To: 0.28 miles southwest of Primrose Tarry Drive, (Route 7319), a distance of: 0.02 miles. Recordation Reference: Pb. 183, Pg. 23 Right of Way width (feet) = 62 • Burnt Mills Lane, State Route Number 7327 From: 0.01 miles south of Primrose Tarry Drive, (Route 7319) To: 0.26 miles southwest of Primrose Tarry Drive, (Route And, further, the Board adopted the following resolution: WHEREAS, the street described below is 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 street 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 street 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: Midlothian Wood Boulevard 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 • Midlothian Wood Boulevard, State Route Number 7564 From: Le Gordon Dr., (Rt 707) To: EOM, a distance of: 0.23 miles. Recordation Reference: Db. 5428, Pg. 925 Right of Way width (feet) = 50 Ayes: Warren, Jaeckle, Holland, Durfee, and Gecker. Nays: None. 11-342 8.B.10. ACCEPTANCE OF PARCELS OF LAND 8.B.10.a. FOR PROPOSED BOULDERS SPRING DRIVE AND SPRING ROCK GREEN ROAD FROM THE BOULDERS OWNERS ASSOCIATION On motion of Ms. Jaeckle, seconded by Mr. Warren, the Board accepted the conveyance of three parcels of land containing a total of 0.700 acres for proposed Boulders Spring Drive and Spring Rock Green Road from The Boulders Owners Association and authorized the County Administrator to execute the deed. (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.10.b. ALONG STARVIEW LANE FROM ECONOMIC DEVELOPMENT AUTHORITY OF THE COUNTY OF CHESTERFIELD On motion of Ms. Jaeckle, seconded by Mr. Warren, the Board accepted the conveyance of a parcel of land containing 0.306 acres along Starview Lane from Economic Development Authorit~r of the County of Chesterfield for the development of Stonebridge and authorized the County Administrator to execute the deed. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Warren, Jaeckle, Holland, Durfee, and Gecker. Nays: None. 8.B.11. REQUEST FOR MUSIC/ENTERTAINMENT FESTIVAL PERMIT FOR MAGIC MIDWAYS TO CONDUCT A SUMMER CARNIVAL AND FUND RAISER AT THE JEFFERSON DAVIS FLEA MARKET On motion of Ms. Jaeckle, seconded by Mr. Warren, the Board approved the request of Magic Midway, for a music /entertainment festival permit, for a Summer Carnival and Fund Raiser at the Jefferson Davis Flea Market on June 15 through June 26, 2011. Ayes: Warren, Jaeckle, Holland, Durfee, and Gecker. Nays: None. On motion of Ms. Durfee, seconded by Mr. Holland, the Board removed the following item for public comment: Item 8.B.l.d. Mr. Beadles expressed concerns relative to additions to the agenda after the Board packet had been distributed. 8.B.l.d. RESOLUTION RECOGNIZING DR. DONALD K. BECHTEL, Ed.D., UPON HIS RETIREMENT On motion of Mr. Warren, seconded by Mr. Holland, the Board adopted the following resolution: WHEREAS, Dr. Donald K. Bechtel has served as the principal at Swift Creek Elementary School in Midlothian, Virginia, from 1994 until 2011; and J J J 11-343 WHEREAS, in this capacity, Dr. Bechtel supported and led 830 students and 75 faculty members; and WHEREAS, Dr. Bechtel was recognized repeatedly for his excellent leadership, including the Governor's Award for Educational Excellence in January 2010. for Swift Creek Elementary, which was one of 153 schools in Virginia to be so recognized for achievement in English, Math, History and Science during the two prior school years; and WHEREAS, Swift Creek Elementary also received the Governor's Award in 2008 and 2009; and WHEREAS, from 1989-1994, Dr. Bechtel was principal of A.M. Davis Elementary School, and he also served as principal at Falling Creek Elementary School from 1986-1989; and WHEREAS, Dr. Bechtel was assistant principal at Robious Elementary School and Bon Air Elementary School during the years 1979-1986, and a teacher at Matoaca Elementary School from 1976-1979; and WHEREAS, Swift Creek Elementary School became a Center Based Gifted School in 1997, and students from 10 other elementary schools joined Swift Creek Elementary students; and WHEREAS, Dr. Bechtel nurtured a warm and effective relationship with the PTA; and WHEREAS, he was instrumental in having Swift Creek Elementary School serve as host school for 4th and 5th grade students from France on six different exchanges; and WHEREAS, Dr. Bechtel earned his Bachelor of Science degree in 1976 from Bloomsburg University in Bloomsburg, Pennsylvania; his Master's from the University of Virginia in 1978 and his Doctorate in Education from Virginia Polytechnic Institute and State University, Blacksburg, Virginia, in 2007; and WHEREAS, Dr. Bechtel was inducted into the Phi Kappa Phi National Honor Society in 2007; and WHEREAS, Dr. Bechtel was the 2006 and 2007 recipient of the REB Award for Distinguished Leadership, and he was also listed in Who's Who in American Colleges and Universities in 1976; and WHEREAS, Dr. Bechtel has announced his intention to retire at the end of this school year, ending an illustrious career and leaving many students, faculty and parents with fond memories of his strong and effective leadership over the years. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes the exemplary achievements of Dr. Donald Bechtel, thanks him for his many years of outstanding service in public education and extends best wishes for a long and happy retirement. Ayes: Warren, Jaeckle, Holland, Durfee, and Gecker. Nays: None. 11-344 9. REPORTS 9.A. REPORT ON DEVELOPER WATER AND SEWER CONTRACTS 9.B. REPORT ON STATUS OF GENERAL FUND BALANCE, RESERVE FOR FUTURE CAPITAL PROJECTS, DISTRICT IMPROVEMENT FUNDS AND LEASE PURCHASES 9.C. REPORT ON ROADS ACCEPTED INTO THE STATE SECONDARY SYSTEM On motion of Ms. Durfee, seconded by Mr. Holland, the Board accepted the following reports: a Report on Developer water and Sewer Contracts; and a Report on the Status of General Fund Balance, Reserve for Future Capital Projects, District Improvement Funds and Lease Purchases. And, further, the following roads were accepted into the State Secondary System: ADDITION LENGTH 0931-020-268-M501 (Effective 3/17/2011) Port Walthall Drive (Route 931) - From Ruffin Mill Road (Route 746) to End of Maintenance 0.47 miles GARDEN SPRINGS APARTMENTS (Effective 3/21/2011) Ironbridge Boulevard (Route 632) - From Arbor Meadows Drive (Route 7033) to 0.28 miles south of Centralia Road (Route 145) 0.38 miles HEARTQUAKE 1, PORTION OF (Effective 3/15/2011) Culbreth Court (Route 7512) - From Foxcreek Forest Drive (Route 7320) to Cul-de-sac 0.05 miles Foxcreek Forest Drive (Route 7320) - From 0.01 miles west of Foxcreek Crossing (Route 7297) to Culbreth Court (Route 7512) 0.06 miles Foxcreek Forest Drive (Route 7320) - From Culbreth Court (Route 7512) to Temporary End of Maintenance 0.04 miles TARRINGTON SECTION 11 (Effective 3/8/2011) Bircham Court (Route 7524) - From Bircham Loop (Route 7490) to Cul-de-sac 0.04 miles Bircham Loop (Route 7490) - From Bircham Terrace (Route 7525) to Bircham Loop (Route 7490) 0.13 miles J J 11-345 Bircham Loop (Route 7490) - From Bircham Terrace (Route 7525) to Bircham Terrace (Route 7525) 0.02 miles Bircham Loop (Route 7490) - From Bircham Court (Route 7524) to Bircham Loop (Route 7490) 0.08 miles Bircham Loop (Route 7490) - From 0.05 miles East of Ashwell Drive (Route 5843) to Bircham Court (Route 7524) 0.05 miles Bircham Loop (Route 7490) - From Bircham Loop (Route 7490) to Bircham Trail (Route 7525) 0.05 miles Bircham Terrace (Route 7525) - From Bircham Loop (Route 7490) to Bircham Loop (Route 7490) 0.05 miles WALKERS CHASE SECTION 2 (Effective 3/17/2011) Fell Pony Court (Route 7511) - From Red Setter Lane (Route 7323) to Cul-de-sac 0.06 miles Manor House Trail (Route 7298) - From 0.02 miles East of Foxcreek Crossing (Route 7297) to Red Setter Lane (Route 7323) 0.06 miles Red Setter Lane (Route 7323) - From Manor House Trail (Route 7298) to Fell Pony Court (Route 7511) 0.07 miles Red Setter Lane (Route 7323) - From Fell Pony Court (Route 7511) to 0.04 miles north of Lilting Branch Way (Route 7321) 0.03 miles Red Setter Lane (Route 7323) - From Manor House Trail (Route 7298) to Cul-de-sac 0.04 miles WEXLEY SECTION 1 (Effective 3/15/2011) Arnica Terrace (Route 7522) - From Buglers Trail Lane (Route 7517) to Temporary End of Maintenance 0.01 miles Buglers Trail Lane (Route 7517) - From Heartquake Trace (Route 7521) to Arnica Terrace (Route 7522) 0.12 miles Buglers Trail Lane (Route 7517) - From Orchard Tavern Place (Route 7518) to Temporary End of Maintenance 0.04 miles Buglers Trail Lane (Route 7517) - From Rustic Cove Circle (Route 7520) to Heartquake Trace. (Route 7521) 0.08 miles Buglers Trail Lane (Route 7517) - From Arnica Terrace (Route 7522) to Temporary End of Maintenance 0.04 miles 11-346 Buglers Trail Lane (Route 7517) - From Evenstar Mews (Route 7519) to Rustic Cove Circle (Route 7520) 0.07 miles Buglers Trail Lane (Route 7517) - From Foxcreek Forest Drive (Route 7320) to Orchard Tavern Place (Route 7518) 0.08 miles Evenstar Mews (Route 7519) - From Buglers Trail Lane (Route 7517) - to Cul-de-sac 0.05 miles Foxcreek Forest Drive (Route 7320) - From 0.11 miles west of Foxcreek Crossing (Route 7297) to Buglers Trail Lane (Route 7517) 0.21 miles Heartquake Trace (Route 7521) - From Buglers Trail Lane (Route 7517) to Temporary End of Maintenance 0.05 miles Orchard Tavern Place (Route 7518) - From Buglers Trail Lane (Route 7517) to Cul-de-sac 0.13 miles Rustic Cove Circle (Route 7520) - From Buglers Trail Lane (Route 7517) to Cul-de-sac 0.03 miles WINDY CREEK D (Effective 3/10/2011) Stone Creek Drive (Route 7421) - From Stone Creek Terrace (Route 7422) to Temporary End of Maintenance 0.01 miles Stone Creek Drive (Route 7421) - From Dortonway Drive (Route 2767) to Stone Creek Terrace (Route 7422) 0.04 miles Stone Creek Terrace (Route 7422) - From Stone Creek Drive (Route 7421) to Cul-de-sac 0.15 miles Ayes: Warren, Jaeckle, Holland, Durfee, and Gecker. Nays: None. 10. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED MATTERS Mr. George Beadles addressed the Board relative to public transportation in Chesterfield County. Mr. Jessie Williams addressed the Board relative to the timing of the stoplight in front of Manchester Middle School. Mr. Holland stated VDOT and the Transportation Department will take a look at the synchronization of the stoplight in front of Manchester Middle School. Ms. Jaeckle noted the type of stoplight may be the solution. J J J 11-347 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 Mr. James Holland gave the invocation. 13. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Miss Amanda Miller, Miss Chesterfield, led the Pledge of Allegiance to the Flag of the United States of America. 14. RESOLUTIONS 14.B. RECOGNIZING THE WOODLAKE COMMUNITY ASSOCIATION ON ITS OUTSTANDING ACCOMPLISHMENTS Mr. Kappel introduced members of the Woodlake Community Association, who were present to receive the resolution. On motion of Mr. Holland, seconded by Mr. Warren, the Board adopted the following resolution: WHEREAS, Woodlake is one of Chesterfield County, Virginia's award-winning planned communities; and WHEREAS, in November 2010, the Central Virginia Chapter of the Community Associations Institute awarded the Woodlake Community Association its Large Community Association of the Year Award; and WHEREAS, the award recognizes community. associations that excel in all facets of their operations; and WHEREAS, award recipients serve as an example for the community association industry and encourage the educational and professional growth of community associations; and WHEREAS, judges reviewed the Woodlake Community Association's general information, including the size, age, budget, insurance, board, committee and management structure; and WHEREAS, judges also reviewed certifications held by the manager of the Woodlake Community Association; and WHEREAS, Community Manager Julie Joyner holds PCAM, AMS, and CMCA designations from the Community Associations Institute; and WHEREAS, the Woodlake Community Association provided information that outlined its operations, structure and 11-348 community initiatives, all of which was considered by the judges; and WHEREAS, after careful consideration and deliberation, the Central Virginia Chapter of the Community Associations Institute selected the Woodlake Community Association for one of only two awards given in the Very Large and Large Community categories; and WHEREAS, this distinction reflects well on the Woodlake Community Association and its leadership, and also on Chesterfield County, Virginia, and the entire Metropolitan Richmond region; and WHEREAS, Woodlake residents, volunteers, committee members, the Woodlake Board of Directors and staff all deserve congratulations and praise for this accomplishment. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 25th day of May 2011, publicly recognizes the outstanding accomplishments of the Woodlake Community Association, congratulates Woodlake on this prestigious award, and extends best wishes for future success. AND, BE IT FURTHER RESOLVED that a copy of this resolution be presented to the Woodlake Community Association, and that 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. Ms. Durfee presented the executed resolution to the members of the Woodlake Community Association Board of Directors and congratulated them on their accomplishments. Each member introduced themselves and briefly explained their role with the Association. 14.C. RECOGNIZING MISS CHESTERFIELD 2011 SCHOLARSHIP PAGEANT WINNERS Mr. Kappel introduced the 2011 Miss Chesterfield Scholarship Pageant winners. 14.C.1. MISS AMANDA MILLER, MISS CHESTERFIELD On motion of Mr. Holland, seconded by Mr. Warren, the Board adopted the following resolution: WHEREAS, the 2011 Miss Chesterfield Pageant was conducted on Saturday, January 8, 2011, at Cosby High School; and WHEREAS, the pageant recognizes outstanding, talented young women in our communities; and WHEREAS, Miss Amanda Miller was selected as the 2011 Miss Chesterfield; and J J J 11-349 WHEREAS, Miss Miller is an education major at Baylor University; and WHEREAS, she is a collegiate equestrian at Baylor; and WHEREAS, among her many activities, Miss Miller has worked with the Go Red for Women Campaign, Start! Heart Walk, and NCAA Stay in Bounds program; and WHEREAS, Miss Miller also has helped raise hundreds of dollars for the Children's Miracle Network; and WHEREAS, she also has volunteered numerous hours speaking to students in Chesterfield County and in Texas about healthful lifestyles; and WHEREAS, Miss Miller has been recognized on the Baylor University Dean's List, Big XII Academic Honor Roll, and National Society of Collegiate Scholars; and WHEREAS, she plans to obtain a master's degree in sports communication; and WHEREAS, Miss Miller's personal platform is "Every Beat Counts: Heart Health Awareness," and she is working to help raise awareness of heart health. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 25th day of May 2011, publicly recognizes the exemplary achievements of Miss Amanda Miller, congratulates her on being named Miss .Chesterfield 2011, extends best wishes for continued success in her academic pursuits, and is proud to have her bear the title of Miss Chesterfield as she continues with-her higher education. AND, BE IT FURTHER RESOLVED that a copy of this resolution be presented to Miss Miller, and that 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. 14.C.2. MISS SAVANNAH LANE, MISS CHESTERFIELD'S OUTSTANDING TEEN On motion of Mr. Holland, seconded by Mr. Warren, the Board adopted the following resolution: WHEREAS, the 2011 Miss Chesterfield Pageant was conducted on Saturday, January 8, 2011, at Cosby High School; and WHEREAS, the pageant recognizes outstanding, talented young women in our communities; and WHEREAS, Miss Savannah Lane was selected as Miss Chesterfield's Outstanding Teen 2011; and WHEREAS, Miss Lane is the daughter of Brigid and Dennis Lane; and 11-350 WHEREAS, Miss Lane is a sophomore at Midlothian High School; and and WHEREAS, she participates in performing arts and sports; WHEREAS, Miss Lane is also a volunteer with numerous local events and organizations; and WHEREAS, she has won awards in dance, show choir, swimming and foreign language; and WHEREAS, she is very supportive of her twin sister; and WHEREAS, Miss Lane maintains a high grade point average at Midlothian High School; and WHEREAS, she donates many hours of her time as a volunteer for various community-service projects; and WHEREAS, Miss Lane has helped develop the "Power of Performance" program; and WHEREAS, she hopes to teach others about the value of arts and performance education. NOW, THEREFORE, BE IT RESOLVED, that the Chesterfield Board of Supervisors, this 25th day of May 2011, publicly recognizes the exemplary achievements of Miss Savannah Lane, congratulates her on being named Miss Chesterfield's Outstanding Teen 2011, and extends best wishes for continued success in her academic pursuits. AND, BE IT FURTHER RESOLVED that a copy of this resolution be presented to Miss Lane, and that 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. 14.C.3. MISS EMMA JOHNSON, MISS CHESTERFIELD'S OUTSTANDING PRETEEN On motion of Mr. Holland, seconded by Mr. Warren, the Board adopted the following resolution: WHEREAS, the 2011 Miss Chesterfield Pageant was conducted on Saturday, January 8, 2011, at Cosby High School; and WHEREAS, the pageant recognizes outstanding, talented young women in our communities; and WHEREAS, Miss Emma Gentry Johnson was selected as Miss Chesterfield's Outstanding Preteen 2011; and WHEREAS, Miss Johnson is a seventh-grade student at William Byrd School; and and WHEREAS, she is the daughter of Don and Lisa Johnson; J J J 11-351 WHEREAS, Miss Johnson has earned the 2010 Gold Presidential Community Service Award, 2008 Girl Scout Bronze Award and 2011 Girl Scout Silver Award; and WHEREAS, she is a competitive cheerleader, soccer and lacrosse player; and WHEREAS, Miss Johnson plans to be a first-grade teacher; and WHEREAS, she donates many hours as a volunteer for various community-service projects; and WHEREAS, Miss Johnson's community-service platform is "Nathan's Law - Stop the Illegal Passing of School Buses"; and WHEREAS, she has worked with the Children's Miracle Network, American Heart Association, SPCA and Salvation Army. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 25th day of May 2011, publicly recognizes the exemplary achievements of Miss Emma Gentry Johnson, congratulates her on being named Miss Chesterfield's Outstanding Preteen 2011, and extends best wishes for continued success in her academic pursuits. AND, BE IT FURTHER RESOLVED that a copy of this resolution be presented to Miss Johnson, and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Ayes: Warren, Jaeckle, Holland, Durfee, and Decker. Nays: None. 14.C.4. MISS KAHLIS LONG, MISS CHESTERFIELD'S LITTLE MISS On motion of Mr. Holland, seconded by Mr. Warren, the Board adopted the following resolution: WHEREAS, the 2011 Miss Chesterfield Pageant was conducted on Saturday, January 8, 2011, at Cosby High School; and WHEREAS, the pageant recognizes outstanding, talented young women in our communities; and WHEREAS, Miss Kahlis Andre' Long was selected as Miss Chesterfield's Little Miss 2011; and WHEREAS, Miss Long is eight years old and a third-grade student at Blackwell Elementary School; and WHEREAS, Miss Long maintains a good grade point average; and WHEREAS, she is the daughter of Tiffany Williams and Rodney Pope; and WHEREAS, Miss Long is a cheerleader for the Blackwell Bulldogs; and WHEREAS, she is currently taking liturgical dance lessons; and 11-352 WHEREAS, Miss Long is a member of the Blackwell Barracudas swim team; and WHEREAS, she hopes to attend Virginia Commonwealth University to study fashion design; and WHEREAS, Miss Long has sent holiday cards to the elderly and performed dances at events; and WHEREAS, she is an outstanding young representative of Chesterfield County. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 25th day of May 2011, publicly recognizes the exemplary achievements of Miss Kahlis Andre' Long, congratulates her on being named Miss Chesterfield's Little Miss 2011, and extends best wishes for continued success in her academic pursuits. AND, BE IT FURTHER RESOLVED that a copy of this resolution be presented to Miss Long, and that 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. 14.C.5. MISS SKYLAR POPE, MISS CHESTERFIELD'S PRINCESS On motion of Mr. Holland, seconded by Mr. Warren, the Board adopted the following resolution: WHEREAS, the 2011 Miss Chesterfield Pageant was conducted on Saturday, January 8, 2011, at Cosby High School; and WHEREAS, the pageant recognizes outstanding, talented young women in our communities; and WHEREAS, Miss Skylar Cheyenne Pope was selected as Miss Chesterfield's Princess 2011; and WHEREAS, Miss Pope is the daughter of Brandi and Marcus Pope; and WHEREAS, Miss Pope is a fifth-grade student at Spring Run Elementary School; and WHEREAS, she participates in softball, honors choir, modeling and the praise team; and WHEREAS, Miss Pope would like to participate with the Go Green Campaign and be a role model for her peers; and WHEREAS, she volunteers with the Richmond Food Bank, American Heart Association, Angel Tree, Shoebox Drive and Goodwill; and WHEREAS, Miss Pope hopes to stop bullying in our schools; and J J J 11-353 WHEREAS, she has won the BUG Award, Honor Roll, Citizenship Award, Newscast Award and Physical Education Award; and WHEREAS, she is an outstanding young representative of Chesterfield County. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 25th day of May 2011, publicly recognizes the exemplary achievements of Miss Skylar Cheyenne Pope, congratulates her on being named Miss Chesterfield's Princess 2011, and extends best wishes for continued success in her academic pursuits. AND, BE IT FURTHER RESOLVED that a copy of this resolution be presented to Miss Pope, and that 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. Ms. Durfee presented the executed resolutions to each of the pageant winners and congratulated them on their exemplary achievements. Mr. C.H. Faber, representing the Board of Directors of the Miss Chesterfield Pageant, stated he is privileged to work with the pageant contestants. Ms. Kyle Grinnage, Director of Contestant Development of the Miss Chesterfield Pageant, stated she is very proud to work with the contestants each year. Miss Miller, Miss Lane, and Miss Pope introduced themselves and briefly explained their goals and volunteer work. Ms. Alice Gordon, Executive Director of the Miss Chesterfield Pageant, stated the program provides many scholarships to young women. 14.A. RECOGNIZING THE VIRGINIA COMMONWEALTH UNIVERSITY BASKETBALL TEAM ON ITS OUTSTANDING ACCOMPLISHMENTS Mr. Kappel introduced Bradford Burgess, a Midlothian resident and a guard for the VCU Rams, who was present to receive the resolution. On motion of Mr. Holland, seconded by Ms. Durfee, the Board adopted the following resolution: WHEREAS, residents of Chesterfield County, Virginia, joined basketball fans from throughout the Metropolitan Richmond Region in supporting the VCU Rams during their 2010- 2011 season; and WHEREAS, the Rams accumulated 12 wins and six losses in the conference and 28 wins and 12 losses overall; and WHEREAS, VCU reached the championship game during the Colonial Athletic Association Tournament; and 11-354 WHEREAS, VCU made its 10th appearance in school history in the National Collegiate Athletic Association tournament; and WHEREAS, the Rams won five games during the National Collegiate Athletic Association tournament to reach the Final Four in Houston, Texas; and WHEREAS, this was VCU's first Final Four in the school's history; and WHEREAS, during the NCAA Tournament, VCU defeated some of the elite college basketball programs in the country, including the University of Southern California, Georgetown, Purdue, Florida State and Kansas, with an average margin of victory of 12 points; and WHEREAS, VCU became the third 11th seed in tournament history to reach the Final Four; and WHEREAS, VCU set an NCAA Tournament record with 61 3- pointers made; and WHEREAS, Bradford Burgess, from Midlothian, Virginia, plays guard for the Rams, and was a Junior during the 2010- 2011 season. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 25th day of May 2011, publicly recognizes the outstanding accomplishments of the VCU Rams, proudly claims Bradford Burgess as a Chesterfield County resident, and extends best wishes to the Rams for future success. AND, BE IT FURTHER RESOLVED that a copy of this resolution be presented to the VCU Rams, and that 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. Mr. Warren presented Mr. Burgess with the executed resolution and congratulated him and his teammates on their outstanding performance and accomplishments. Mr. Burgess, who was accompanied by his parents, expressed appreciation for everyone's support. Mr. Holland congratulated Mr. Burgess on all his accomplishments. 15. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED MATTERS There were no requests to address the Board at this time. J J 11-355 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 11SN0143 In Matoaca Magisterial District, Eagle Construction of VA requests amendment of zoning (Case 04SN0133) and amendment of zoning district map relative to house size in Residential (R- 12) and Agricultural (A) Districts on 19.1 acres fronting the east and west lines of Hampton Farms Drive and Foster Ridge Terrace, also fronting the north and south lines of Hampton Farms Court and Jennings Run Drive. Residential use of up to 3.63 units per acre is permitted in the Residential (R-12) District. The Comprehensive Plan suggests the property is appropriate for residential use of 2.0 unit/acre or less and general business mixed use. Tax IDs 708-666-7112, 7332, 7441, 7451, 7460, 7470, 7479, 7590, 8933, 9066, 9245, 9254, 9289, and 9833; 709-665-0995, 1486, 2583 and 3291; 709-666-0063, 0186, 0516, 0733, 0977, 1056, 1708, 1716, 1840, 1931, 2175, 2648, 3066, 3202, 3311, 3418, 3528, 3646 and 3737. Mr. Turner presented a summary of Case 11SN0143 and stated Eagle Construction of VA has asked for a withdrawal. Ms. Durfee made a motion, seconded by Mr. Warren, for the Board to acknowledge withdrawal of Case 11SN0143. Ayes: Warren,. Jaeckle, Holland, Durfee, and Gecker. Nays: None. lOSN0274 In Bermuda Magisterial District, The Chester Company LLC requests conditional use and amendment of zoning district map to permit a computer-controlled, variable message, electronic sign in a Community Business (C-3) District on 4 acres fronting 300 feet on the east line of Iron Bridge Road, 830 feet north of Landfill Drive. Density will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for community mixed use. Tax IDs 774-657-2272 and 4874. Mr. Turner presented a summary of Case lOSN0274 and stated Ms. Jaeckle has requested a 6-month deferral. Mr. Bob Schrum accepted the deferral request on behalf of the applicant. Mr. Warren called for public comment. Mr. Bob Olsen recommended that the Board deny the deferral request. There being no one else to address the deferral, the public hearing was closed. 11-356 Ms. Jaeckle stated the Planning Commission. is currently working on an ordinance that would pertain to computer- controlled, variable message, electronic signs, such as the proposed sign. Ms. Jaeckle then made a motion, seconded by Mr. Decker, for the Board to defer Case lOSN0274 until November 30, 2011. In response to Ms. Durfee's question, Ms. Jaeckle stated the purpose of the deferral is based on the Planning Commission's undertaking to draft a sign policy that would impact this particular case. She further stated the reason for the six- month deferral was to give the case adequate time to go through the process again without another deferral. In response to Mr. Holland's question, Mr. Turner stated the Planning Commission has set changes to the electronic message center policy for public hearing in June. He further stated the changes that would be advertised for consideration would affect the requirements as they pertain to this specific sign. He stated if the policy is adopted, the sign would be consistent with the recommendations, assuming they are adopted. Mr. Warren stated the deferral is necessary due to possible changes to the policy. Mr. Warren called for a vote on the motion made by Ms. Jaeckle, seconded by Mr. Decker, for the Board to defer Case lOSN0274 until November 30, 2011. Ayes: Warren, Jaeckle, Durfee, and Decker. Nays: Holland. 11RW0208 In Midlothian Magisterial District, William Stinson requests an exception to Section 19-232 of the Chesapeake Bay Protection Act requirements of the Zoning Ordinance to permit encroachment into the Resource Protection Area (RPA) buffer along Spring Creek as a result of the installation of an in- ground pool and associated appurtenances. The property is located at 11861 Aberdeen Landing Lane, which is within the James River drainage basin. Tax ID 739-723-Part of-0493. Mr. Turner presented a summary of Case 11RW0208 and stated both staff and the Planning Commission recommend approval subject to the conditions. Mr. Todd Charmbers, 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. Mr. Decker made a motion, seconded by Ms. Jaeckle, for the Board to approve Case 11RW0208, subject to the following conditions: J J J 11-357 1. The mitigation measures outlined in the document titled Reeds Landing Lot 88 - Water Quality Impact Assessment, prepared by Balzer & Associates, Inc. and .received in Planning Department April 7, 2011 shall be incorporated and implemented during the plan review process. (EE) 2. The Department of Environmental Engineering may approve alternative mitigation measures if it is determined that such alternatives will not increase impacts to the RPA or downstream water bodies. (EE) Ayes: Warren, Jaeckle, Holland, Durfee, and Decker. Nays: .None. 11SN0211 In Clover Hill Magisterial District, Patsy Stargardt requests conditional use approval and amendment of zoning district map to permit an outdoor vendor's market in a General Business (C-5) District on 46.5 acres located along the north and south lines of Genito Road, west of Warbo Road. Density will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for light industrial use. Tax ID 735-689-5818. Mr. Turner presented a summary of Case 11SN0211 and stated stated the case was double advertised and the applicant revised Proffered Conditions 1 and 6. He further stated since the revised proffers were submitted subsequent to the advertisement of the case, it would be necessary for the Board to suspend their rules to consider the revised proffered conditions. In response to Mr. Decker's question, Mr. Turner stated the case was double advertised because the applicant was trying to open the outdoor vendors market this season. Mr. Warren stated, in discussion with his Planning Commissioner, they thought it would be in the applicant's best interest to try and move this case as quickly as possible. Ms. Patsy Stargardt, the applicant, accepted the conditions and explained the revisions were due to operation of two different businesses on the property. Mr. Warren called for public comment. There being no one to address the request, the public hearing was closed. Mr. Warren made a motion, seconded by Mr. Holland, for the Board to suspend its rules to consider the revised proffered conditions. Ayes: Warren, Jaeckle, Holland, Durfee, and Decker. Nays: None. Mr. Warren made a motion, seconded by Ms. Durfee, for the Board to approve Case 11SN0211, and accept the following proffered conditions: 11-358 1. The conditional use shall be granted to Patsy Stargardt and Sue Clements and/or an entity including, although not exclusively, a limited liability corporation in which Patsy Stargardt and/or Sue Clements has a majority ownership or controlling interest. The conditional use shall not be transferrable or run with the land. (P) 2. The vendors market shall be operated incidental to the principal use of the property as a motor vehicle raceway. (P) 3. All activities associated with .the vendors market, including vendor booths and merchandise displays shall be located within the solid wooden fence as shown on Exhibit A. Such fence shall be maintained to screen view of the market from public rights of way and adjacent properties. (P) 4. The vendors market shall be permitted to operate from April through November on Saturdays and Sundays between the hours of 6:00 a.m. until 3:00 p.m. (P) 5. No continuous or overnight storage or display of vendors' merchandise shall be permitted. (P) 6. The property owner and operator of the vendors market shall be responsible for the removal of litter from the market and parking areas at the close of business each operating day. (P) 7. This conditional use approval shall be granted for a period of three (3) years from the date of approval. (P) Ayes: Warren, Jaeckle, Holland, Durfee, and Gecker. Nays: None. ~~~Nnia~ 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 West Hundred Road, 210 feet west of 1-95. 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. Ms. Peterson presented a summary of Case 11SN0185 and stated the Planning Commission recommended approval and staff recommended denial because the current sign standards of the Ordinance provide adequate identification for uses on the property and approval of this request could encourage other businesses to seek similar exceptions, leading to proliferation of oversized signs. Mr. Allen Twedt, the applicant, accepted the conditions. Mr. Warren called for public comment. J J J 11-359 Mr. Bob Olsen stated the height could create a bad precedent for other businesses. He recommended denial of the case. There being no one else to address the request, the public hearing was closed. Ms. Jaeckle stated this particular business is right off the interstate and will benefit the area. Ms. Jaeckle made a motion, seconded by Mr. Gecker, for the Board to approve Case 11SN0185, and accept the following condition: The freestanding sign shall be limited to a maximum height of forty (40) feet. (P.) (Note: This condition supersedes the height exception specified in the Textual Statement, as referenced in Proffered Condition 1.) And, further, the Board accepted the following proffered conditions: 1. The Textual Statement dated February 25, 2011 shall be considered the Master Plan. (P) (Staff Note: Condition 1 supersedes the height exception noted in the Textual Statement.) 2. The final sign design shall be substantially consistent with the elevation dated November 24, 2010 prepared by Charles Hampton's A-1 Signs Incorporated and included as part of Case 11SN0185. The sign base shall be black in color. (P) Ayes: Warren, Jaeckle, Holland, Durfee, and Gecker. Nays: None. 17. PUBLIC HEARINGS 17.A. TO CONSIDER AN ORDINANCE TO VACATE A PORTION OF AN UNIMPROVED RIGHT OF WAY KNOWN AS APPOMATTOX STREET, WITHIN MAP OF CHESTERFIELD MANOR 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 portion of an unimproved right of way known as Appomattox Street, within map of Chesterfield Manor Subdivision. Mr. Warren called for public comment. There being no one to speak to the issue, the public hearing was closed. Ms. Jaeckle made a motion, seconded by Mr. Warren, for the Board to adopt the following ordinance to vacate a portion of an unimproved right of way known as Appomattox Street, within map of Chesterfield Manor Subdivision: AN ORDINANCE whereby the COUNTY OF CHESTERFIELD, VIRGINIA, ("GRANTOR") vacates to CHRISTOPHER L. 11-360 WESTON and CARRIE E. WESTON, husband and wife, and RACHAEL L. HAWK and JERRY W. ELLIS, ("GRANTEE"), a portion of a county unimproved right of way known as Appomattox Street within a Map of Chesterfield Manor Subdivision, BERMUDA Magisterial District, Chesterfield County, Virginia, as shown on a plat thereof duly recorded in the Clerk's Office of the Circuit Court of Chesterfield County•in Plat Book 7, at Page 255. WHEREAS, CHRISTOPHER L. WESTON and CARRIE E. WESTON, petitioned the Board of Supervisors of Chesterfield County, Virginia to vacate a portion of a county unimproved right of way known as Appomattox Street within a Map of Chesterfield Manor Subdivision, BERMUDA Magisterial District, Chesterfield County, Virginia more particularly shown on a plat of record in the Clerk's Office of the Circuit Court of said County in Plat Book 7, Page 255, by W. W. LAPRADE & BROS., dated NOVEMBER 8, 1928, recorded JULY 14, 1933. The portion of right of way petitioned to be vacated is more fully described as follows: A portion of a county unimproved right as Appomattox Street within a Map of Manor Subdivision, the location of w fully shown on a plat made by TIMMONS FEBRUARY 11, 2011, and revised MAY 19, of which is attached hereto and made a Ordinance. of way known Chesterfield hick is more GROUP, dated 2011, a copy part of this WHEREAS, notice has been given pursuant to Section 15.2- 2204 of the Code of Virginia, 1950, as amended, by advertising; and, WHEREAS, no public necessity exists for the continuance of the portion of right of way sought to be vacated. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF SUPERVISORS OF CHESTERFIELD COUNTY, VIRGINIA: That pursuant to Section 15.2-2272 of the Code of Virginia, 1950., as amended, the aforesaid portion of right of way be and is hereby vacated. This Ordinance shall be in full force and effect in accordance with Section 15.2-2272 of the Code of Virginia, 1950, as amended, and a certified copy of this Ordinance, together with the plat attached hereto shall be recorded no sooner than thirty days hereafter in the Clerk's Office of the Circuit Court of Chesterfield County, Virginia pursuant to Section 15.2-2276 of the Code of Virginia, 1950, as amended. The effect of this Ordinance pursuant to Section 15.2- 2274 is to destroy the force and effect of the recording of the portion of the plat vacated. This Ordinance shall vest fee simple title to the portion of right of way hereby vacated in the property owners within a Map of Chesterfield Manor free and clear of any rights of public use, subject to resubdivision of the property so all parcels will front on a public right of way. J J 11-361 Accordingly, this Ordinance shall be indexed in the names of the COUNTY OF CHESTERFIELD as GRANTOR, and CHRISTOPHER L. WESTON and CARRIE E. WESTON, husband and wife, and RACHAEL L. HAWK and JERRY W. ELLIS, or their successors in title, as GRANTEE. Ayes: Warren, Jaeckle, Holland, Durfee, and Gecker. Nays: None. 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 Ms. Tracey Scott thanked the Board for supporting Sports Quest, for the use by the Virginia Assassins Pro Minor-League Football Team and other sports teams. Ms. Jaeckle expressed appreciation to Ms. Scott for creating more extracurricular activities and opportunities for the youth in the county. Mr. L.J. McCoy commended the Board on its continued efforts to provide minority business opportunities in the county. Mr. Holland commended Mr. McCoy and Dr. Sheryl Bailey for participating in the Labor and Minority Business Committee meeting. 20. ADJOURNMENT On motion of Mr. Holland, seconded by Ms. Durfee, the Board adjourned at 7:37 p.m. until June 15, 2011 at 3:00 p.m. Ayes: Warren, Jaeckle, Holland, Durfee and Gecker. Nays: None. J mes S egm er ount dministrator Arthur S. Warren Chairman 11-362 J J J