The URL can be used to link to this page

05-25-2005 MinutesBOARD OF SUPERVISORS MINUTES May 25, 2005 Supervisors in Attendance= Mr. Edward B. Barber, Chairman Mr. R. M. "Dickie" King, Jr., Vice Chairman Mrs. Renny Bush Humphrey Mr. Kelly E. Miller Supervisor Absent: Mr. Arthur S. Warren Mr. Lane B. Ramsey County Administrator SDecial Guest in Attendance: Senator John Watkins Staff in Attendance: Colonel Carl R. Baker, Police Department Mr. George Braunstein, Exec. Dir., Community Services Board Mr. Craig Bryant, Dir., Utilities Ms. Marilyn Cole, Asst. County Administrator Mr. Charles Dane, Airport Manager Ms. Rebecca Dickson, Dir., Budget and Management Mr James Dunn, Dir., Economic Development Mr William Dupler, Building Official Mr Robert Eanes, Asst. to the County Administrator Ms Lisa Elko, CMC, Clerk Mr Michael Golden, Dir., Parks and Recreation Mr. Lawrence Haake, III, Registrar Mr. Bradford S. Hammer, Deputy Co. Admin., Human Services Mr. John W. Harmon, Right-of-Way Manager Mr. Russell Harris, Mgr. of Community Development Services Ms. Kathryn Kitchen, Asst. Supt. of Schools for Business and Finance Ms. Mary Lou Lyle, Dir., Accounting Chief Paul Mauger, Fire and EMS Dept. Mr. R. John McCracken, Dir., Transportation Mr. Richard M. McElfish, Dir., Env. Engineering Mr. Steven L. Micas, County Attorney Mr. F. O. Parks, Dir., Information Systems Tech. Mr. Francis Pitaro, Dir., General Services Ms. Chris Ruth, Asst. Dir., Public Affairs 05-378 05/25/05 Ms. Sarah Snead, Dir., Social Services Mr. Cames J. L. Stegmaier, Deputy Co. Actmin., Management Services Mr. M. D. Stith, Jr., Deputy Co. Actmin., Con~uuni ty Development Mr. Kirk Turner, Dir., Planning Mr. B. R. Wilkinson, License Inspector Dr. Jean Warzeski, His. Soc ~ety Administrator Mr. Barber called the regularly scheduled meeting to order at 4:07 p.m. 1. APPROVAL OF MINUTES FOR APRIL 27, 2005 On motion of Mrs. Humphrey, seconded by Mr. King, the Board approved the minutes of April 27, 2005, as submitted. Ayes: Barber, King, Humphrey and Miller. Nays: None. Absent: Warren. 2. COUNTY ADMINISTRATOR ' S COMMENTS 2.A. BRAC RECOMMENDATIONS UPDATE Mr. Ramsey stated the Defense Supply Center Richmond was not only saved, but will grow as a result of the recently disclosed Department of Defense's BRAC (Base Realignment and Closure Commission) recommendations for military base closures. He further stated Fort Lee gained significantly in the process, with an additional 6,000 military and 1,150 civilian positions. He then called forward Mr~ Jason Gray, Legislative Assistant to Congressman J. Randy Forbes and thanked him for his efforts in the BRAC process. Mr. Gray stated the lengthy process is not over yet and provided details of the remainder of the process, indicating that the final BRAC recommendations should be complete in November 2005. He thanked the county, on behalf of Congressman Forbes, for its support of the regional BRAC Advisory Committee. He stated Congressman Forbes will remain vigilant and keep the county informed throughout the process. Mr. Ramsey thanked Mr. Dane, the county's Airport Manager for serving on the BRAC Advisory Committee. Mrs. Humphrey stated the region provided a tremendous amount of data to ensure the future of Fort Lee. She ~urther stated the expansion of Fort Lee will be an extraordinary gain for the region, and she is glad Chesterfield County had the opportunity to participate in this successful endeavor through the Crater Planning District Commission. 05-379 05/25/05 2.B. CERTIFICATION PRESENTATIONS Mr. Eanes stated General Services' Fleet Management Division and the Utilities Department Proctor's Creek Waste Water Treatment Plant recently achieved the Virginia Department of Environmental Quality (DEQ) Exemplary Environmental Enterprise (E3) Certification in the Virginia Environmental Excellence Program. He then introduced Mr. Mike Murphy, DEQ Division of Environmental Enhancements. Mr. Murphy provided details of the process through which both Fleet Management and the Proctor's Creek Waste Water Treatment Plant received their E-3 Certification. He congratulated the employees of both operations on their extraordinary accomplishments. Mr. Eanes then introduced Mr. Bob Herbert, Fellow, Virginia Tech Center for the Organizational and Technological Advancement Program. Mr. Herbert commended the county on its efforts in the area of proactive environmental management. Mr. Murphy presented the E-3 Certifications to Fleet Management and Utilities Department employees, accompanied by Mr. Barber and Environmental Manager Jeff Howard, and congratulated them on this tremendous achievement. Mr. Ramsey thanked Mr. Murphy and Mr. Herbert for their leadership in environmental management. Mr. Barber expressed appreciation to the employees for the tremendous amount of work involved in achieving these certifications. 3. BOARD COMMITTEE REPORTS There were no Board committee reports at this time. 4. REQUESTS TO POSTPONE ACTION, ADDITIONS, OR CHANGES IN T~ ORDER OF PRESENTATION On motion of Mr. King, seconded by Mr. Miller, the Board replaced Item 8.C.6., State Road Acceptance; replaced Item 8.C.16.a., Transfer of District Improvement Funds from the Dale District Improvement Fund to the Parks and Recreation Department to Purchase a Storage Shed for Athletic Equipment at the Hening Elementary School Sports Complex; added Item 8.C.17., Transfer of Road Cash Proffer Funds for the Chalkley Road Shoulder Project; added Item 8.C.18., Appropriation of Additional Funds for Comprehensive Services; added Item 8.C.19., Approval and Ratification of Construction Contracts for the Construction of a 'T' Hangar and a Corporate Hangar for Chesterfield County Airport to 42 Contracting Incorporated, to Evans Construction Company and to Manning Construction Company; added Item 8.C.20., Initiation of an Application to Rezone Certain Parcels Located within the Route 288 Corridor Plan from Agricultural to I-2 With a Conditional Use Planned Development to Permit Ordinance Exceptions; added Item 8.C.21., Authorization to Transfer the Subordination of the County's Reversionary Interest at Lucy 05-380 05/25/05 Corr Nursing Home to Refinanced Debt; replaced Item 10.B., Report on the Status of General Fund Balance, Reserve for Future Capital Projects, District Improvement Funds, and Lease Purchases; and adopted the Agenda, as amended. Ayes: Barber, King, Humphrey and Miller. Nays: None. Absent: Warren. 5. RESOLUTIONS AND SPECIAL RECOGNITIONS 5.A. RECOGNIZING MR. RICK PARKS, INFORMATION SYSTEMS TECHNOLOGY DEPARTMENT, UPON HIS RETIREMENT Mr. Stegmaier introduced Mr. Rick Parks who was present to receive the resolution. On motion of the Board, the following resolution was adopted: WHEREAS, Mr. Rick Parks will[ retire from the Chesterfield County Information Systems Technology Depart~nent on June 1, 2005, after providing 27 years of quality service to the citizens of Chesterfield County; and WHEREAS, Mr. Parks has faithfully served the cou. nty in the capacity of Director for the Information Systems Technology Department; and WHEREAS, Mr. Parks has provided leadership for local, regional and state technology initiatives and policy development; and WHEREAS, Mr. Parks graduated from Chesterfield County's School of Quality in August 2000; and WHEREAS, Mr. Parks provided direction and guidance to establish an Information Technology Steering Committee to ensure organizational involvement in s%rategic planning, and the prioritization of countywide technology initiatives aligned with county business goals; and WHEREAS, Mr. Parks has demonstrated outstanding leadership as the champion for technology solutions to promote efficient and effective business operations throughout the county; and WHEREAS, Mr. Parks' honorable character, selfless dedication to Chesterfield County, co~itment to excellence are a model for all county employees, and his integrity, ethics and values are guiding principles that place Information Systems Technology in a professional category respected throughout the state and nation as a leader in technology; and WHEREAS, Mr. Parks has developed and maintaine~ a technically proficient and professional workforce within Chesterfield County to deliver reliable, secure and timely information; and WHEREAS, Mr. Parks has promoted a departmental culture that empowers employees to express new ideas and opinions; his vision, project leadership and willingness to get 05-381 05/25/05 involved are respected throughout the county organization, and he is an exceptional manager of people; and WHEREAS, Mr. trust, optimism, encouraged; and Parks has created an environment where enjoyment, and personal growth are WHEREAS, Mr. Parks has provided the Chesterfield County Information Systems Technology Department with many years of loyal and dedicated service; and WHEREAS, Chesterfield County and the Board Supervisors will miss Mr. Parks' diligent service. of NOW, THEREFORE, BE IT RESOLVED, that the Chesterfield County Board of Supervisors, this 25th day of May 2005, publicly recognizes Mr. Rick Parks, 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. AND, BE IT FURTHER RESOLVED, that a copy of this resolution be presented to Mr. Parks, and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County. Ayes: Barber, King, Humphrey and Miller. Nays: None. Absent: Warren. Mr. Barber presented the executed resolution and a Jefferson Cup to Mr. Parks, accompanied by members of his family, expressed appreciation for his dedicated service and congratulated him on his retirement. Mr. Parks thanked the Board for its support over the years and expressed appreciation to Mr. Ramsey for his and leadership. He also thanked Mr. Stegmaier and Mr. Hammer for their support and IST employees for the privilege of guiding them into a journey of technology. A standing ovation followed. 5.B. RECOGNIZING SERGEANT ROBERT C. "BOBBY" RICHARDSON, POLICE DEPARTMENT, UPON HIS RETIREMENT Colonel Baker introduced Sergeant Robert Richardson who was present to receive the resolution. On motion of the Board, the following resolution was adopted: WHEREAS, Sergeant Robert C. ~Bobby" Richardson will retire from the Chesterfield County Police Department on June 1, 2005, after providing 30 years of quality service to the citizens of Chesterfield County; and WHEREAS, Sergeant Richardson began his service with Chesterfield County in 1975 as a Water Plant Operator in the Utilities Department; served as a volunteer Special Police Officer in 1976; and has faithfully served the Police Department since February 1978 in the capacities of Patrol 05-382 O5/25/O5 Officert Field Training Officer, Investigator, Detective, and Sergeant; and WHEREAS, Sergeant Richardson served on the Special Weapons and Tactical Team (SWAT) from 1980 through 1982; the South End Multi-Jurisdictional Drug Task Force for two years; and on the North End Multi-jurisdictional Drug Task Force, known as "Troika", for six years, and as supervisor during the last two of those years; and WHEREAS, Sergeant Richardson received a commendation for the achievements of the "Troika" Task Force while under his supervision, which included the investigation of 27 major cases, the arrest of 70 offenders and the seizure of over $500,000 in assets; and WHEREAS, Sergeant Richardson received a commendation for his participation in a joint task force composed of the Drug Enforcement Administration (DEA), Internal Revenue Service (IRS) and the Chesterfield County Police, after the investigation of a large-scale marijuana distribution organization resulted in the arrest and prosecution of tlhree suspects and the seizure and forfeiture of over $400,000 in cash; and WHEREAS, Sergeant Richardson served as the Police Department's Asset Forfeiture Coordinator, facilitating the court ordered civil forfeiture of drug assets and property used during the commission of certain cr~mes; and WHEREAS, during his career, Sergeant Richardson served as a Department of Criminal Justice Services certified instructor in Search and Seizure, Drug Identification and Investigations, Surveillance Techniques and Asset Forfeiture for Chesterfield County's Police Training Academy, as well as regional training academies throughout the state; and WHEREAS, Sergeant Richardson received the 2003 Major Mason T. Chalkley Award for Excellence, thereby serving as a role model for other department members and citizens of Chesterfield County; and WHEREAS, Sergeant Richardson has received numerous letters of thanks and appreciation for service rendered from the citizens of Chesterfield County and 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 Richardson's diligent service. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 25tn day of May 2005, publicly recognizes Sergeant Robert C. "Bobby" Richardson, 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. AND, BE IT FURTHER RESOLVED that a copy of this resolution be presented to Sergeant Richardson, and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County. Ayes: Barber, King, Humphrey and Miller. Nays: None. Absent: Warren. 05-383 05/25/05 Mr. Miller presented the executed resolution and a Jefferson Cup to Sergeant Richardson, accompanied by members of his family and Colonel Baker, thanked him for his many contributions to the county, and congratulated him upon his retirement. Sergeant Richardson expressed appreciation to the Board and Mr. Ramsey for the financial support that has been provided to the Police Department over the years. He also expressed appreciation to Colonel Baker and retired Police Chiefs for the opportunities and support they provided to him, and also to his family for their support and patience throughout his career. A standing ovation followed. 5.C. RECOGNIZING JODY L. BROWN, POLICE DEPARTMENT, UPON HER Colonel Baker introduced Ms. Jody Brown who was present to receive the resolution. On motion of the Board, the following resolution was adopted: WHEREAS, Jody L. Brown will retire from the Chesterfield County Police Department on June 1, 2005, after providing 31 years of quality service to the citizens of Chesterfield County; and WHEREAS, Jody has served the Police Department in the capacity of Secretary, Crime and Research Analyst, Senior Crime Analyst, Police Intelligence Supervisor, and Police Analysis/Information Coordinator; and WHEREAS, Jody received a Certificate of Achievement for the diligent and dedicated work she contributed while serving as a member of the Police Accreditation Team, and the team's work resulted in the Police Department becoming fully accredited in the state of Virginia; and WHEREAS, Jody has supervised the Crime/Intelligence Unit of the Police Planning and Information Services Division for 11 years; and WHEREAS, Jody was the co-founder of the Richmond Metro Street Crimes Group; and WHEREAS, Jody was instrumental in forming the Regional Narcotics Network; and WHEREAS, Jody received a Certificate of Achievement for her actions in notifying the Colonial Heights Police of information possibly connected to a crime under their investigation, and due to her keen observation skills, investigators from the Colonial Heights and Chesterfield Police Departments were able to quickly conclude a robbery case that resulted in a warrant being obtained for the suspect; and WHEREAS, Jody received the Major ~ason T. Chalkley Supervisory Concern for People award and was also the recipient of the Civilian Employee of the Year award in 1992, and again in 2004; and WHEREAS, Chesterfield County and the Supervisors will miss Jody's diligent service. Board of 05-384 05/25/05 NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 25~n day of May 2005, publicly recognizes Jody L. Brown~ and extends on behalf of its members and the citizens of Chesterfield County appreciation for her service to the County, congratulations upon her retirement, and best wishes for a long and happy retirement. AND, BE IT FURTHER RESOLVED that a copy of this resolution be presented to Jody, and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County. Ayes: Barber, King, Humphrey and Miller. Nays: None. Absent: Warren. Mr. King presented the executed resolution to Ms. Brown, accompanied by Colonel Baker and Captain Steve Neal, expressed appreciation for her dedicated service, and offered best wishes on her retirement. Ms. Brown stated it has been an honor to work for the Police Department and serve the citizens of Chesterfield County. A standing ovation followed. 5.D. RECOGNIZIN~ MAY 25,2005, AS ~CHESTERFiELD COUNTY HISTORY DAY" Mr. Hammer introduced Mr. Horace Mann, Colonel, U.S. .Army (Retired), President of the Chesterfield Historical Society, and newly appointed Historical Society Administrator, Dr. Jean Warzeski, who were present to receive the resolution. On motion of the Board, the following resolution was adopted: WHEREAS, Chesterfield County was founded on May 25, 1749, by the House of Burgesses and was carved from Henrico County to eliminate lengthy travel by residents from the southern area to the Courthouse for business and court proceedings; and WHEREAS, Chesterfield County received its name from the Fourth Earl of Stanhope, England's famed Lord Chesterfield; and WHEREAS, Chesterfield was first settled in 1611 at the Citie of Henricus when residents of Jamestown moved upstream to a "convenient, strong, healthie and sweete seate" for a new town after conditions at Jamestown were too harsh; and WHEREAS, in 1612, tobacco was first scientifically in America at Bermuda Hundred; and cultivated WHEREAS, in 1614, Bermuda incorporated town in America; and Hundred was the first WHEREAS, in 1619, Falling Creek was the first iron furnace in the New World; and 05-385 05/25/05 WHEREAS, in 1622, Mount Malady, near Dutch gap, was the site of the first American hospital and later the first school for deaf-mutes at "Cobbs" on the lower Appomattox River; and WHEREAS, in 1709, Midlothian produced commercially mined coal in America; and the first WHEREAS, in 1807, Midlothian Turnpike was the first paved road in Virginia; and WHEREAS, in 1811 the first commercial tramway was put into operation; and WHEREAS, in 1831, the Midlothian to Manchester Railroad was the first in Virginia; and WHEREAS, Chesterfield was the rendezvous recruits during the American Revolution; and for new WHEREAS, Drewry's Bluff, which overlooks the James River, was a Confederate stronghold during the Civil War and the Howlett Line was a major Confederate line of defense in defending Chesterfield, Richmond, and Petersburg; and WHEREAS, Chesterfield has been the site of many firsts, and it continues to be a first choice community. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 25th day of May 2005, publicly recognizes May 25th as "Chesterfield County History Day." Ayes: Barber, King, Humphrey and Miller. Nays: None. Absent: Warren. Mrs. Humphrey presented the executed resolution to Colonel Mann and Dr. Warzeski and expressed appreciation for their efforts in promoting Chesterfield's history. 6. WORK SESSIONS There were no work sessions at this time. 7. DEFERRED IT.S There were no deferred items at this time. 8. NEW BUSINESS 8.A. STREETLIGHT INSTALLATION COST APPROVALS On motion of Mr. King, seconded by Mr. Miller, the Board approved a request for the following streetlight in the Enon Oaks Subdivision in Bermuda District: 05-386 O5/25/05 Enon Oaks Lane, in the vicinity of 318/324 Cost to install streetlight: $1,523.62 Ayes: Barber, King, Humphrey and Miller. Nays: None. Absent: Warren. 8.B. APPOINTMENTS On motion of Mrs. Humphrey, seconded by Mr. King, the Board suspended its rules at this time to allow simultaneous nomination/appointment of a member to serve on the Disability Services Board. Ayes: Barber, King, Humphrey and Miller. Nays: None. Absent: Warren. O DISABILITY SERVICES BOARD On motion of Mr. King, seconded by Mr. Miller, the Board simultaneously nominated/appointed Ms. Ellen Triable, representing the county at-large, to serve on the Disability Services Board, whose term is effective immediately and expires December 31, 2005. Ayes: Barber, King, Humphrey and Miller. Nays: None. Absent: Warren. 8.C. CONSENT ITEMS 8.C.1. ADOPTION OF RESOLUTIONS 8.C.l.a. RECOGNIZING FIREFIGHTER/CARDIAC TECHNICIAN RUDOLPH LEWIS, JR., CHESTERFIELD FIRE AND EMERGENCY MEDICAL SERVICES DEPARTMENT, UPON HIS RETIREMEN]? On motion of Mr. King, seconded by Mr. Miller, the Board adopted the following resolution: WHEREAS, Firefighter/Cardiac Technician Rudolph (Louie) Lewis, Jr. attended Recruit School #16 in October 1985 and has faithfully served the citizens of Chesterfield County for over 19 years in various station assignments as a firefiglhter at the Chester, Dale and Bensley Fire Stations; as a Firefighter/Cardiac Technician at the Matoaca and Dutch Gap Fire Stations, and various other station assignments; and WHEREAS, Firefighter/Cardiac Technician Lewis extinguished a fire in a trailer on Elokoman Avenue with a water extinguisher, without the aid of a hose line, located the occupant and removed him to the outside; and WHEREAS, Firefighter/Cardiac Technician Lewis worked as a member of a team receiving a Unit Citation for treating an acute asthma patient that would not have survived if not for the actions of Firefighter Lewis; and 05-387 05~25~05 WHEREAS, Firefighter/Cardiac Technician Lewis responded to the tornado strike at Wal-Mart in Colonial Heights, resulting in him transporting eleven patients to Southside Regional Medical Center; and WHEREAS, Firefighter/Cardiac Technician Lewis worked with limited manpower to successfully extinguish a garage fire and prevent extension before other crews arrived; and WHEREAS, Firefighter/Cardiac Technician Lewis has served for over 19 years with Chesterfield Fire and Emergency Medical Services by responding to the aid of its citizens with his firefighting and emergency medical skills. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors recognizes the contributions of Firefighter/Cardiac Technician Rudolph (Louie) Lewis, Jr., expresses the appreciation of all residents for his service to the county, and extends congratulations upon his retirement. Ayes: Barber, King, Humphrey and Miller. Nays: None. Absent: Warren. 8.C.l.b. AUTHORIZING THE EXECUTION OF A CONTINUING DISCLOSURE AGREEMENT IN CONNECTION WITH THE ISSUANCE BY THE VIRGINIA PUBLIC SCHOOL AUTHORITY (VPSA) OF ITS SCHOOL REFUNDING BONDS SERIES 2003D, A PORTION OF THE PROCEEDS OF WHICH REFUNDED CHESTERFIELD COUNTY GENERAL OBLIGATION SCHOOL BONDS, SERIES 1995A AND SERIES 1987 On motion of Mr. King, seconded by Mr. Miller, the Board adopted the following resolution: RESOLUTION AUTHORIZING THE EXECUTION AND DELIVERY OF A CONTINUING DISCLOSURE AGREEMENT IN CONNECTION WITH THE ISSUANCE BY THE VIRGINIA PUBLIC SCHOOL AUTHORITY OF ITS SCHOOL FINANCING BONDS (1997 RESOLUTION) REFUNDING SERIES 2003 D, A PORTION OF THE PROCEEDS OF WHICH REFUNDED THE COUNTY OF CHESTERFIELD GENERAL OBLIGATION SCHOOL BONDS, SERIES 1987 AND 1995A; AND AUTHORIZING ANY OTHER ACTIONS NECESSARY TO ACHIEVE THE OBJECTIVES CONTEMPLATED HEREBY. WHEREAS, the Virginia Public School Authority (the ~Authority") pursuant to (i) a bond resolution adopted on August 13, 1987, as amended and supplemented (the ~1987 Resolution"); (ii) a bond resolution duly adopted on June 26, 1991, as amended, restated and supplemented (the "1991 Resolution"); and (iii) a bond resolution adopted on October 23, 1997, as amended, restated and supplemented (the ~1997 Resolution") issued bonds (respectively, the ~1987 Resolution Bonds", the ~1991 Resolution Bonds" and the ~1997 Resolution Bonds") for the purpose of purchasing general obligation school bonds of certain cities and counties within the Commonwealth of Virginia; and WHEREAS, the Authority has issued under the 1987 Resolution several series of 1987 Resolution Bonds, including two series designated as "School Financing Bonds (1987 Resolution) 1987 Series B" (the "Series 1987 B Bonds") and 05-388 05/25/05 "School Financing Bonds (1987 Resolution) 1991 Refunding Series C" (the ~Series 1991 C Bonds"), of the Virginia Public School Authority; and WHEREAS, the Authority used a portion of the proceeds of the Series 1987 B Bonds to purchase certain duly authorized and issued general obligation school bonds of the County of Chesterfield, Virginia (the "County") designated the "County of Chesterfield General Obligation School Bonds, Series 1987" (the "1987 Local School Bonds"); and WHEREAS, the Authority used a portion of the proceeds of the Series 1991 C Bonds to refund the Series 1987 B Bonds; and WHEREAS, the Authority has issued under the 1991 Resolution a series of 1991 Resolution Bonds designated[ as ~School Financing Bonds (1991 Resolution) Series 1995 A" (the "Series 1995 A Bonds") of the Virginia Public Sclnool Authority; and WHEREAS, the Authority used a portion of the proceeds of the Series 1995 A Bonds to purchase certain duly authorized and issued general obligation school bonds of the County designated the ~County of Chesterfield General Obligation School Bonds, Series 1995A" (collectively, with the 1987 Local School Bonds, the ~Local School Bonds"); and WHEREAS, the Authority refunded its Series 1995 A Bonds and a portion of its Series 1991 C Bonds (collectively, the ~Refunded Bonds") from a portion of the proceeds of its Virginia Public School Authority (1997 Resolution) Refunding Series 2003 D (the ~Refunding Bonds"), issued under the 1997 Resolution; and WHEREAS, the Authority in refunding the Refunded Bonds has pledged the Local School Bonds for the benefit of the holders of bonds issued under its 11997 Resolution; and WHEREAS, the Authority is required to assist the underwriters (the ~Underwriters") of the Refunding Bonds with their duty to comply with Securities and Exchange Commission ("SEC") Rule 15c2-12 (the ~Rule"); and WHEREAS, the Authority has requested the County to execute a Continuing Disclosure Agreement in order for the Authority to assist the Underwriters in complying with the Rule; and WHEREAS, the Board of Supervisors of the County of Chesterfield, Virginia considers it to be advisable for the County to fulfill the request of the Authority to execute a Continuing Disclosure Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD SUPERVISORS OF THE COUNTY OF CHESTERFIELD, VIRGINIA: OF Continuing Disclosure Agreement. The Chairman of the Board of Supervisors, the County Administrator and such officer or officers as they may designate are hereby authorized to enter into a Continuing Disclosure Agreement in the form attached as Appendix A 05-389 05/25/05 hereto, containing such covenants as may be necessary in order for compliance with the provisions of the Rule, and any other documents the Authority deems necessary to comply with the SEC rules and any Internal Revenue Service rules and regulations regarding maintaining the tax-exempt status of the bonds. 2. Further Actions. The members of the Board and all officers, employees and agents of the County are hereby authorized to take such action as they or any one of them may consider necessary or desirable in connection with the execution and delivery of the Continuing Disclosure Agreement and maintaining the tax-exempt status of the bonds, and any such action previously taken is hereby ratified and confirmed. 3. Effective Date. This resolution shall take effect immediately. And, further, the Board appropriated refunding proceeds of $467,386 from the Virginia Public School Authority (VPSA), which will be applied toward design costs associated with the replacement Clover Hill High School project. Ayes: Barber, King, Humphrey and Miller. Nays: None. Absent: Warren. 8 .C.2. 8 .C.2 .&. SET PUBLIC HEARING DATES TO CONSIDER REVISIONS TO THE FY2005 SCHOOL BOARD CAPITAL IMPROVEMENT PLAN APPROPRIATIONS On motion of Mr. King, seconded by Mr. Miller, the Board set the date of June 22, 2005 at 7:00 p.m. for a public hearing for the Board to consider increasing the appropriations in the School Capital Improvements fund by $1,421,500. Ayes: Barber, King, Humphrey and Miller. Nays: None. Absent: Warren. 8.C.2.b. TO CONSIDER AMENDMENTS TO THE SIGN ORDINANCE On motion of Mr. King, seconded by Mr. Miller, the Board set the date of June 22, 2005 at 7:00 p.m. for a public hearing for the Board to consider amendments to Sections 19-635, 19- 636, and 19-637 of the Code of the County of Chesterfield, 1997, as amended, relating to the sign ordinance. Ayes: Barber, King, Humphrey and Miller. Nays: None. Absent: Warren. 8.c.2.c. TO CONSIDER THE FY2006 SECONDARY ROAD IMPROVEP~/~ BUDGET On motion of Mr. King, seconded by Mr. Miller, the Board set the date of June 22, 2005 at 7:00 p.m. for a public hearing 05-390 05/25/05 for the Board to consider Transportation (VDOT) FY2006 Budget for Chesterfield County. the Virginia Department of Secondary Road Improvement Ayes: Barber, King, Humphrey and Miller. Nays: None. Absent: Warren. 8.C.2.d. TO CONSIDER THE RECEIPT AND APPROPRIATION OF FU~S IN DISASTER RECOVERY FUNDING FROM THE FEDERAL EMERGENCY MANAGEMENTAGENCY On motion of Mr. King, seconded by Mr. Miller, the Board set the date of June 22, 2005 at 7:00 p.m. for a public hearing to consider the receipt and appropriation of $1,883,843.29 in disaster recovery funding from the Federal Emergency Management Agency (FEMA) for expenses incurred during Tropical Depression Gaston. Ayes: Barber, King, Humphrey and Miller. Nays: None. Absent: Warren. 8.C.3. AWARD OF CONTRACT WITH KPMG LLP FOR FINANCIAL AUDIT SERVICES On motion of Mr. King, seconded by Mr. Miller, the Board authorized the County Administrator to enter into a contract with KPMG LLP for financial audit services. Ayes: Barber, King, Humphrey and Miller. Nays: None. Absent: Warren. 8.C.4. REQUEST FOR A MUSIC/ENTERTAINMENT FESTIVAL PERMIT FOR RIVERS BEND CONCERT SERIES ON FRIDAY EVENINGS, MAY 27 THROUGH JULY 29, 2005 On motion of Mr. King, seconded by Mr. Miller, the Board approved a request for a music/entertainment festival permit for the River's Bend Concert Series for' Friday evenings, May 27 through July 29, 2005 and for rain dates for all Fridays in the month of August. Ayes: Barber, King, Humphrey and Miller. Nays: None. Absent: Warren. 8.C.5. REQUEST FOR A PERMIT TO STAGE A FIREWORKS DISPLAY AT SOUTHSIDE SPEEDWAY ON JULY 1, 2005 On motion of Mr. King, seconded by Mr. Miller, the Board approved a permit to stage a fireworks display at Southside Speedway on July 1, 2005, with a rain date of September 2, 2005. Ayes: Barber, King, Humphrey and Miller. Nays: None. Absent: Warren. 05-391 05/25/05 8.C.6. STATE ROAD ACCEPTANCE On motion of Mr. King, seconded by Mr. Miller, 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. Tvi)e Chan¢~e to the Secondary System of State Hi;ihways: Basis for Change: Statutory Reference: Project: From: To: Addition, New subdivision street §33.1-229 Addition Southcreek, Section 7 Pleasant Creek Court, State Route Number: 5877 Pleasant Creek Dr., (Rt. 5566) Cul-de-sac, a distance of: 0.03 miles Right-of-way record was filed on 10/29/2003 with the Office Of Clerk To Cimuit Court in Plat Book 138, Page 59, with a width of 50 Ft. · Pleasant Creek Drive, State Route Number: 5566 From: Woodland Hill Dr., (Rt. 4071) To: Pleasant Creek PI., (Rt. 5875), a distance of: 0.08 miles Right-of-way record was filed on 10/29/2003 with the Office Of Clerk To Cimuit Court in Plat Book 138, Page 59, with a width of 50 Ft. · Pleasant Creek Drive, State Route Number: 5566 From: Pleasant Creek PI., (Rt. 5875) To: Woodhugh PI., (Rt. 5876), a distance of: 0.16 miles Right-of-way record was filed on 10/29/2003 with the Office of Clerk To Circuit Court in Plat Book 138, Page 59, with a width of 50 Ft. 05-392 05/25/05 From: To: Pleasant Creek Drive, State Route Number: 5566 Woodhugh PI., (Rt. 5876) Pleasant Creek Ct., (Rt. 5877), a distance of: 0.07 miles · From: To: Right-of-way record was filed on 10/29/2003 with the Office Of Clerk To Circuit Court in Plat Book 138, Page 59, with a width of 50 Ft. Pleasant Creek Drive, State Route Number: 5566 Pleasant Creek Ct., (Rt. 5877) 0.04 Mi. S of Pleasant Creek Ct., (Rt. 5877), a distance of: 0.04 miles Right-of-way record was filed on 10/29/2003 with the Office Of Clerk To Circuit Court in Plat Book 138, Page 59, with a width of 50 Ft. · Pleasant Creek Place, State Route Number: 5875 From: Pleasant Creek Dr., (Rt. 5566) To: Cul-de-sac, a distance of: 0.03 miles Right-of-way record was filed on 10/29/2003 with the Office Of Clerk To Circuit Court in Plat Book 138, Page 59, with a width of 50 Ft. · Woodhugh Place, State Route Number: 5876 From: Pleasant Creek Dr., (Rt. 5566) To: Cul-de-sac, a distance of: 0.03 miles Right-of-way record was filed on 10/29/2003 with the Office Of Clerk To Cimuit Court in Plat Book 138. Page 59, with a width of 50 Ft. And, further, the Board WHEREAS, the streets recorded in the Clerk's Chesterfield County; and adopted the following resolution: described bellow are shown on plats Office of the Circuit Court of WHEREAS, the Resident Department of Transportation streets meet the requirements Street Requirements of Transportation. Engineer for the Virginia has advised this Board the established by the Subdivision the Virg'inia Department of 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. 05-393 05/25/05 Basis for Change: Statutory Reference: Project: From: To: Type Change to the Secondary System of State Highways: Addition, New subdivision street §33.1-229 Stoney Glen South, Section 4 Delamere Drive, State Route Number: 5868 Faraday Dr., (Rt. 5670) Addition Woodleigh Dr., (Rt. 5668), a distance of: 0.18 miles Right-of-way record was filed on 8/23/2004 with the Office Of Clerk To Circuit Court in Plat Book 147, Page 3, with a width of 50 Ft. · Faraday Court, State Route Number: 5869 From: Faraday Dr., (Rt. 5670) To: Cul-de-dac, a distance of: 0.06 miles Right-of-way record was filed on 8/23/2004 with the Office Of Clerk To Circuit Court in Plat Book 147, Page 3, with a width of 50 Ft. · Faraday Drive, State Route Number: 5670 From: Faraday Dr., (Rt. 5670) To: Faraday Ct., (Rt. 5869), a distance of: 0.03 miles Right-of-way record was flied on 8/23/2004 with the Office Of Clerk To Circuit Court in Plat Book 147, Page 3, with a width of 50 Ft. · Faraday Drive, State Route Number: 5670 From: Faraday Ct., (Rt. 5869) To: Delamera Dr., (Rt. 5868), a distance of: 0.03 miles Right-of-way record was filed on 8/23/2004 with the Office Of Clerk To Circuit Court in Plat Book 147, Page 3, with a width of 50 Ft. · Faraday Drive, State Route Number: 5670 From: Delamere Dr., (Rt. 5868) To: 0.03 Mi. E of Delamere Dr. (Rt. 5868), a distance of: 0.03 miles Right-of-way record was filed on 8/23/2004 with the Office Of Clerk To Circuit Court in Plat Book 147, Page 3, with a width of 50 Ft. · Woodleigh Drive, State Route Number: 5668 From: Woodleigh Dr., (Rt. 5668) To: Delamere Dr., (Rt. 5868), a distance of: 0.09 miles Right-of-way record was filed on 3/23/2004 with the office Of Clerk To Circuit Court in Plat Book 147, Page 3, with a width of 50 Ft. Woodleigh Drive, State Route Number: 5668 Delamera Dr., (Rt. 5868) 0.03 Mi. E of Delamere Dr., (Rt. 5868), a distance of: 0.03 miles From: To: 05-394 05/25/05 Right-of-wayreco~wasfiledon~23/2004withtheOffice~Cle~ ~ CimuitCou~inPlatBook147, Page3, withawidthof5OFt. Ayes: Barber, King, Humphrey and Miller. Nays: None. Absent: Warren. 8.C.7. REQUESTS FOR PERMISSION 8.C.7.&. FROM KEVIN C. AND ALISON C. WYLIE FOR A PROPOSED FENCE TO ENCROACH WITHIN AN EIGHT-FOOT EASEMENT AND A TWENTY-FOOT SEWER EASEMENT ACROSS LOT 9, TANNER VILLAGE, SECTION B AT CHARTER COLONY On motion of Mr. King, seconded by Mr. Miller, the Board approved a request from Kevin C. Wylie and Alison C. ~lie for permission for a proposed fence to encroach within an eight-foot easement and a 20-foot sewer easement across Lot 9, Tanner Village, Section B at Charter Colony, subject to the execution of a license agreement. (It is noted a copy of the plat is filed with the papers of thLs Board.) Ayes: Barber, King, Humphrey and Miller. Nays: None. Absent: Warren. 8.C.7.b. FROM 95-10 DEVELOPMENT, L.C. TO INSTALL A PRIVATE SEWER SERVICE WITHIN A PRIVATE EASEMENT TO SERVe: PROPERTY ON GROVER COURT On motion of Mr. King, seconded by Mr. Miller, the Board approved a request from 95-10 Development, L.C. for permission to install a private sewer service within a private easement to serve property at i[3300 Grover Court and authorized the County Administrator to execute the sewer connection agreement. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Barber, King, Humphrey and Miller. Nays: None. Absent: Warren. 8 .C.7 .c. FROM IRA CLEON DEANER FOR A PROPOSED FENCE TO ENCROACH WITHIN A SiXTEEN-FOOT DRAINAGE EASEMENT ACROSS LOT 74, HARTLEY VILLAGE AT CHARTER COLONY On motion of Mr. King, seconded by Mr. Miller, the Board approved a request from Ira Cleon Deaner for permission for a proposed fence to encroach within a 16-foot drainage easement across Lot 74, Hartley Village at Charter Colony, subject to the execution of a license agreement. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Barber, King, Humphrey and Miller. Nays: None. Absent: Warren. 05-395 O5/25/O5 8.C.7.d. FROM JEFFREY B. AND ADRIENNE FOSTER FOR A PROPOSED FENCE TO ENCROACH WITHIN A THIRTY-FOOT DRAINAGE AND SEWER EASEMENT, A TWENTY-FOOTANDVARIABLE WIDTH SEWER EASEMENT, AN EIGHT-FOOT DRAINAGE EASEMENT, AND AN EIGHT-FOOT EASEMENT ACROSS LOT 7, TANNER VILLAGE, SECTION B AT CHARTER COLONY On motion of Mr. King, seconded by Mr. Miller, the Board approved a request from Jeffrey B. Foster and Adrienne Foster for permission for a proposed fence to encroach within a 30- foot drainage and sewer easement, a 20-foot and variable width sewer easement, an eight-foot drainage easement, and an eight-foot easement across Lot 7, Tanner Village, Section B at Charter Colony, subject to the execution of a license agreement. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Barber, King, Humphrey and Miller. Nays: None. Absent: Warren. 8.C.7.e. FROM JOSEPH M. LEATHERWOOD TO INSTALL A PRIVATE SEWER SERVICE WITHIN PRIVATE EASEMENTS TO SERVE PROPERTY ON CELEBRATION AVENUE On motion of Mr. King, seconded by Mr. Miller, the Board approved a request from Joseph M. Leatherwood for permission to install a private sewer service within private easements to serve property at 4220 Celebration Avenue. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Barber, King, Humphrey and Miller. Nays: None. Absent: Warren. 8.C.8. APPROVAL OF UTILITY CONTRACT FOR THE SUI4MER LAKE SECTION 4 PROJECT On motion of Mr. King, seconded by Mr. Miller, the Board approved the following utility contract for Summer Lake, Section 4, Contract Number 04-0161, which includes the extension of 1,871 L.F. + of 24-inch oversized wastewater lines: - Developer: Base Camp Holding, LLC Contractor: Castle Equipment Corporation Contract Amount: Estimated County Cost for Oversizing. $35,549.00 Estimated Developer Cost ......... $502,976.04 Estimated Total ............. $538,525.04 Code: Refunds thru Connections - Oversizing 5N-572VO-E4C District: Matoaca (It is noted a copy of the vicinity sketch is filed with the papers of this Board.) Ayes: Barber, King, Humphrey and Miller. Nays: None. Absent: Warren. 05-396 05/25/O5 8.Co9. ACCEPTANCE OF PARCELS OF LAND 8 .C. 9 .a. FOR THE EXTENSION OF BATTERY DANTZLER ROAD AND BATTERY DANTZLER COURT FROM BERMUDA TRIANGLE PROPERTY, L.P. On motion of Mr. King, seconded by Mr. Miller, the Board accepted the conveyance of a parcel of land containing a total of 2.139 acres for the extension of Battery Dantzler Road and Battery Dantzler Court from Bermuda Triangle Property, L.P., and authorized the County Administrator to execute the deed. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Barber, King, Humphrey and Miller. Nays: None. Absent: Warren. 8.C.9.b. ALONG THE NORTH RIGHT OF WAY LINE OF NORTH WOOLRID~E ROAD FROM REYNOLDS REAL ESTATE VENTUP~S, LLC On motion of Mr. King, seconded by Mr. Miller, the Board accepted the conveyance of a parcel of land containing 0.047 acres along the north right of way line of North Woolridge Road from Reynolds Estate Ventures, LLC, and authorized the County Administrator to execute the deed. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Barber, King, Humphrey and Miller. Nays: None. Absent: Warren. 8.C.9.c. ALONG THE WEST RIGHT OF WAY LINE OF NORTH ARCH ROAD FROM VERDE INVESTMENTS, INCORPORATED On motion of Mr. King, seconded by Mr. Miller, the Board accepted the conveyance of a parcel of land containing 0.038 acres along the west right of way line of North Arch Road (State Route 672) from Verde Investments, Incorporated, and authorized the County Administrator to execute the deed. (It is noted a copy of the plat is filed w~[th the papers of 'this Board.) Ayes: Barber, King, Humphrey and Miller. Nays: None. Absent: Warren. 8.C.9.d. ALONG THE NORTH RIGHT OF WAY LINE OF WEST HUNDI~D ROAD FROM WEST HUNDRED ROAD REALTY, LLC On motion of Mr. King, seconded by Mr. Miller, the Board accepted the conveyance of a parcel of land containing 0.009 acres along the north right of way line of West Hundred Road (State Route 10) from West Hundred Road Realty, LLC, and authorized the County Administrator to execute the deed. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Barber, King, Humphrey and Miller. Nays: None. Absent: Warren. 05-397 05/25/O5 8.C.10. APPROVAL OF A CHANGE ORDER FOR THE MIDLOTHIAN TURNPIKE WATER LIME, PHASE 2 PROJECT On motion of Mr. King, seconded by Mr. Miller, the Board approved Change Order Number 3 for County Project 01-0202, Midlothian Turnpike Water Line, Phase 2, for an increase of $126,025.93, and authorized the County Administrator to execute the necessary documents. Ayes: Barber, King, Humphrey and Miller. Nays: None. Absent: Warren. 8.C.11. AWARD OF CONSTRUCTION CONTRACT TO MID EASTERN BUILDERS, INCORPORATED FOR THE FALLING CREEK WASTE WATER TREATMENT PLANT PRELIMINARY TREATMENT UNIT IMPROVEMENTS AND PROCTORS CREEK WASTE WATER TREATMENT PLANT PRELIMINARY TREATMENT UNIT IMPROVEMENTS PROJECT On motion of Mr. King, seconded by Mr. Miller, the Board awarded a construction contract for County Project 03-0038, Falling Creek Waste Water Treatment Plant Preliminary Treatment Unit Improvements and Proctors Creek Waste Water Treatment Plant Preliminary Treatment Unit Improvements, to Mid Eastern Builders, Incorporated in the amount of $618,000; transferred $350,000 from 5P-58350-000125R to 5P-58350- 030038R, and authorized the County Administrator to execute the necessary documents. Ayes: Barber, King, Humphrey and Miller. Nays: None. Absent: Warren. 8.C.12. ACCEPTANCE OF GRANTS AND APPROPRIATION OF FUNDS 8.C.12.&. FROM THE PART C PROGRAM FOR THE COMMUNITY SERVICES BOARD FOR EARLY INTERVENTION SERVICES FOR INFANTS AND TODDLERS WITH DEVELOPMENTAL MEEDS On motion of Mr. King, seconded by Mr. Miller, the Board accepted and appropriated $258,688 in state funds for the FY2005 Infant and Toddler Connection Part C Program for Chesterfield County and Planning District 14. (It is noted no local match is required.) Ayes: Barber, King, Humphrey and Miller. Nays: None. Absent: Warren. 8.C.12.b. FROM THE UNITED STATES DEPARTMENT OF HOMELAND SECURITY TO PURCHASE TERRORISM RELATED EQUIPMENT FOR FIRST RESPONDER PREPAREDMESS On motion of Mr. King, seconded by Mr. Miller, the Board accepted and appropriated $246,376 in grant funds from the United States Department of Homeland Security, State Homeland Grant Program to provide equipment, training, planning and 05-398 05/25/05 exercises for first responders. is required. ) (It is noted no local match Ayes: Barber, King, Humphrey and Miller. Nays: None. Absent: Warren. 8.C.13. APPROPRIATION OF REVENUE AND EXPENDITURES FOR THE CHESTERFIELD COMMUNITY SERVICES BOARD BUDGET 8 .C.13 .a. TO ESTABLISH ANEW COMPREHENSIVE INTENSIVE COMMUNITY TREATMENT SERVICE On motion of Mr. King, seconded by Mr. Miller, the Board appropriated $375,000 in Medicaid revenue and expenditures to establish a new comprehensive Intensive Community Treatment Service for adults with persistent or severe mental illness, and established three full-time positions for the FY2006 Chesterfield Community Services Board budget. Ayes: Barber, King, Humphrey and Miller. Nays: None. Absent: Warren. 8.C.13.b. TO BE USED FOR SELECTED ONE-TIME PURCHASES NEEDED FOR A NEW DAY SERVICE SITE On motion of Mr. King, seconded by Mr. Miller, the Board appropriated $115,000 in revenue and expenditures to be used for selected one-time purchases needed for a new day service site as well as to assist with overall budget issues in the Community Service Board's FY2005 budget. Ayes: Barber, King, Humphrey and Miller. Nays: None. Absent: Warren. 8.C.1~. REQUEST TO QUITCLAIM A SIXTEEN-FOOT WATER EASEME~ ACROSS THE PROPERTY OF RIVERS BEND FTI, LLC On motion of Mr. King, seconded by Mr. Miller, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute a quitclaim deed to vacate a 16-foot water easement across the property of Rivers Bend FTI, LLC. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Barber, King, Humphrey and Miller. Nays: None. Absent: Warren. 8.C.15. DESIGNATION OF FY2006 CHESTERFIELD ROAD FUND (REVENUE SHARINg) PROJECTS On motion of Mr. King, seconded by Mr. Miller, the Board adopted the attached resolution designating Branders Bridge Road (Carver Heights Drive to Bradley Bridge Road), Newbys Bridge Road (Walmsley Boulevard to Falling Creek Bridge), and Forest Hill Avenue (Huguenot Road to Choctaw Road) as the 05-399 05/25/05 county's FY2006 Chesterfield Road Fund projects: (Revenue Sharing) WHEREAS, Section 33.1-75 of the Code of Virginia permits the Commonwealth Transportation Board to make an equivalent matching allocation to any County for designations by the governing body of up to 25% or $500,000 whichever is greater of funds received by it during the current fiscal year pursuant to the "State and Local Fiscal Assistance Act of 1972" for use by the Commonwealth Transportation Board to construct, maintain, or improve primary and secondary highway systems within such County; and WHEREAS, the Commonwealth Transportation Board has modified the FY06 Revenue Sharing Program; and WHEREAS, the Virginia Department of Transportation (VDOT) has notified the County that $1 million is the maximum amount of Chesterfield County funds that will be matched by the State during FY06; and WHEREAS, the Chesterfield County Board of Supervisors has appropriated $1 million for the Chesterfield Road Fund with the adoption of the FY06 Capital Improvement Program. NOW, THEREFORE, BE IT RESOLVED, that the Chesterfield County Board of Supervisors allocates $1 million to be matched by the State for the FY06 Chesterfield Road Fund (Revenue Sharing Program). BE IT FURTHER RESOLVED, that allocated to the following projects: the matched funds be $875,520 Branders Bridge Road (Carver Heights Drive to Bradley Bridge Road) Preliminary Engineering, Right-of-way, and Construction $437,760 - VDOT and $437,760 - County $1,000,000 Newbys Bridge Road (Walmsley Boulevard to Falling Creek Bridge) Preliminary Engineering, Right-of-way, and Construction $500,000 - VDOT and $500,000 - County $124,480 Forest Hill Avenue (from Huguenot Road to Choctaw Road) Construction $62,240 - VDOT and $62,240 - County Ayes: Barber, King, Humphrey and Miller. Nays: None. Absent: Warren. 8.C.16. TRANSFER OF DISTRICT IMPROVEMENT FUNDS 8.C.16.a. FROM THE DALE DISTRICT IMPROVEMENT FUND TO THE PARKS AND RECREATION DEPARTMENT TO PURCHASE A STORAGE SHED FOR ATHLETIC EQUIPMENT AT THE HENING ELEMENTARY SCHOOL SPORTS COMPLEX On motion of Mr. King, seconded by Mr. Miller, the Board transferred $10,000 from the Dale District Improvement Fund 05-A00 05/25/05 to the Parks and Recreation Department to purchase a storage shed for athletic equipment at the Hening Elementary School Sports Complex. Ayes: Barber, King, Humphrey and Miller. Nays: None. Absent: Warren. 8.C.16.b. FROM T~E MIDLOTHIAN, MATOACA, DALE, BERMUDA AND CLOVER HILL DISTRICT IMPROVEMENT FUNDS TO THE EPPINGTON FOUNDATION TO COVER COSTS ASSOCIATED WITH THE COLONIAL HERITAGE FAIR On motion of Mr. King, seconded by Mr. Miller, the Board transferred $300 each from the Midlothian, Matoaca, Dale, Bermuda and Clover Hill District Improvement Funds ($1,500 total) to the Eppington Foundation to cover the costs associated with the Eppington Foundation Colonial Heritage Fair. Ayes: Barber, King, Humphrey and Miller. Nays: None. Absent: Warren. 8.C.17. TRANSFER OF ROAD CASH PROFFER FUNDS FOR THE CHALKLEY SHOULDER PROJECT On motion of Mr. King, seconded by Mr. Miller, the Board transferred $1,427,466 in road cash proffers from the Centralia Road Improvement Project to the Chalkley Road Shoulder Project and authorized the County Administrator to proceed with the design, right-of-way acquisition, environmental permits and advertisement for a construction contract for the Chalkley Road Shoulder Project. Ayes: Barber, King, Humphrey and Miller. Nays: None. Absent: Warren. 8.C.18. APPROPRIATION OF ADDITIONAL FUNDS FOR COMPREHENSIVE SERVICES (CSA) On motion of Mr. King, seconded by Mr. Miller, the Board appropriated up to $206,900 in additional funds for Comprehensive Services, of which $134,500 will be provided from general fund year-end appropriations and $72,400 will be provided by school appropriations. Ayes: Barber, King, Humphrey and Miller. Nays: None. Absent: Warren. 8.C.19. APPROVAL AND RATIFICATION OF CONSTRUCTION CONTRACTS FOR THE CONSTRUCTION OF A ~T' HANGAR AND A CORPORATE HANGAR FOR CHESTERFIELD COUNTY AIRPORT TO ~2 CONTRACTING INCORPORATED, TO EVANS CONSTRUCTION COMPANY AND TO MANNING CONSTRUCTION COMPANY On motion of Mr. King, seconded by Mr. Miller, the Board ratified the County Administrator's execution of contracts 05-~01 O5/25/O5 with 42 Contracting Incorporated and Evans Construction Company for the construction of a 'T' hangar and a corporate hangar at the Chesterfield County Airport. And, further, the Board approved a construction contract to Manning Construction Company in the amount of $149,000 and to Evans Construction Company in the amount of $107,112 for the hangar projects. Ayes: Barber, King, Humphrey and Miller. Nays: None. Absent: Warren. 8.C.21. AUTHORIZATION TO TRANSFER THE SUBORDINATION OF TH~ COUNTY'S REVERSIONARY INTEREST AT LUCY CORR NURSING HOME TO REFINANCED DEBT On motion of Mr. King, seconded by Mr. Miller, the Board transferred the subordination of the county's reversionary interest at Lucy Corr Nursing Home to refinanced debt. Ayes: Barber, King, Humphrey and Miller. Nays: None. Absent: Warren. The following item was removed from the Consent Agenda for Board discussion: 8.C.20. INITIATION OF AN APPLICATION TO REZONE CERTAIN PARCELS LOCATED WITHIN THE ROUTE 288 CORRIDOR PLAN FROM AGRICULTURAL TO i-2 WITH A CONDITIONAL USE PLANNED DEVELOPMENT TO PERMIT ORDINANCE EXCEPTIONS Mr. Ramsey stated the county spent a considerable amount of time developing the Route 288 Corridor Plan, which offers significant future economic development opportunities. He further stated the county is at a disadvantage in competing in the economic development environment because very little of the property designated for business development has actually been zoned. He stated staff has reviewed the issue and is recommending that the Board of Supervisors initiate the zoning of the business property in the northern area of the Route 288 Corridor to enhance the county's position to compete in the economic development world. Mr. Barber stated, as a result of Senator Watkins' efforts, the rezoning request will include additional land surrounding the Watkins property, which could result in much more comprehensive development of the Route 288 Corridor and will set the tone for development in the area for many years. He noted that this area and the Meadowville area will be the economic engine for our children's livelihood. He stated he feels very strongly that the county has a good land use plan, and he wants staff to treat this like any other zoning case with the proper scrutiny and long-term concessions. He further stated, although he realizes the process will be burdensome, he believes the county will be much better served by rezoning this property in a comprehensive manner. Mr. Barber then made a motion, seconded by Mr. King, for the Board to authorize initiation of an application to rezone 05-402 05/25/05 certain parcels located within the Route 288 Corridor Plan from Agricultural to I-2 with a Conditional Use Planned Development to permit ordinance exceptions; appoint James Dunn and Faith McClintic as the Board's agents; and waive the requirement for rezoning disclosure affidavits. Mr. King thanked Mr. Ramsey and Mr. Barber for taking the initiative to bring this request before the Board. Mr. Miller stated he will certainly support the motion, although he has concerns with the high fashion mall referred to in the notes of the Route 288 Corridor Plan, indicating that he does not believe government should be in the business of choosing the particular class of business. Mr. Barber stated he believes brand names were placed in the Plan as an example of types and styles. Mr. Barber then called for a vote on his motion, seconded by Mr. King, for the Board to authorize initiation of an application to rezone certain parcels located within the Route 288 Corridor Plan from Agricultural to I-2 with a Conditional Use Planned Development to permit ordinance exceptions; appoint James Dunn and Faith McClintic as the Board's agents; and waive the requirement for rezoning disclosure affidavits. (It is noted a list of the properties included in the application is filed with the papers of !5his Board.) Ayes: Barber, King, Humphrey and Miller. Nays: None. Absent: Warren. 9. HEARINGS OF CITIZENS ON UNSCHEDULED MATTERS OR CLAIMS 0 MR. ROBERT HERNDON HAS REQUESTED THE OPPORTUNITY TO SP]~%K RE~ARDIN~ "REINSTATIN~ MASS TRANSIT IN CHESTERFIELD COUNTY" Mr. Robert Herndon, a resident of the Matoaca District, stated the Federal Highway Administration through Congestion Mitigation Air Quality (CEMAQ) funds and the Virginia Department of Transportation (VDOT) have set aside $1,035,000 for Chesterfield County for a three-year period for the purpose of bus service expansion in the county. He noted this plan is included in VDOT's Six-Year Improvement Program, which was presented to the Richmond Metropolitan Planning Organization on May 12, 2005. He stated the proposal called for GRTC to begin service at the Lowes at Winterpock and Route 360 in July with three buses in the morning and tlhree in the evening. He further stated, on a daily basis, 62,000 vehicles travel Route 360 from Spring Run Road to Route 288; 35,000 travel from Baldwin Creek Road to Spring Run Road; and more than 30,000 vehicles per day travel from the county into the City of Richmond and an additional 25,000-plus going into Henrico County. He expressed concerns that additional development approved in the Route 360 Corridor will increase the already-stressed transportation infrastructure by an additional 80,000-plus vehicle trips per day. He stated mass transit will reduce the need to use green space for each new development in the county; reduce EMS response times; protect air and water quality; and reduce inordinate traffic delays. 05-403 05/25/05 He further stated adding more pavement may help the flow of traffic, but it will also increase rather than mitigate vehicular traffic. He stated the funding represents an awesome opportunity for the county and urged the Board to accept the proposal presented to the Metropolitan Planning Organization to provide a much needed service to the county; reduce citizens' transportation costs to and from work; and provide the county with an economic tool. He suggested that the Board appoint a commission to study mass transit in the county and present to the Board creative ways to develop a first-class public transportation system that would serve county residents, inclusive of all age, abilities, income levels and all magisterial districts. He volunteered to serve on such a commission, if the Board desires, and thanked the Board for the opportunity to speak on this subject. 10. REPORTS 10.A. REPORT ON DEVELOPER WATER AND SEWER CONTRACTS 10.B. REPORT ON THE STATUS OF GENERAL FUND BALANCE, RESERVE FOR FUTURE CAPITAL PROJECTS, DISTRICT IMPROVEMENT 10 .C. 10 .D. FUNDS AND LEASE PURCHASES ROADS ACCEPTED INTO THE STATE SECONDARY SYSTEM REPORT OF PLANNING COMMISSION SUBSTANTIAL ACCORD DETERMINATION ON ALLTEL COMPANY - LOCATION COMMONWEALTH CENTER, COMMUNICATIONS TOWER (CASE 05PD0316) Mrs. Humphrey requested that information regarding traffic shed funding data be provided for road projects in future reports. On motion of Mrs. Humphrey, seconded by Mr. King, the Board accepted the following reports: a Report on Developer Water and Sewer Contracts; a Report on the Status of General Fund Balance, Reserve for Future Capital Projects, District Improvement Funds and Lease Purchases; a Report of the Planning Commission Substantial Accord Determination on Alltel Company - Location Commonwealth Center, Communications Tower (Case 05PD0316). And, further, the following roads were accepted into the State Secondary System: ADDITION LENGTH KING'S FARM, SECION 2 (Effective 3/30/2005) Brewton Way (Route 5860) - From Post Mill Drive (Route 5859) to 0.05 mile southeast of Post Mill Drive (Route 5859) 0.05 Mi. Pond Chase Court (Route 5858) - From Post Mill Drive (Route 5859) to Cul-de-sac 0.11 Mi. Pond Chase Drive (Route 5742) - From 0.01 mile south of Cotesworth Way (Route 5741) to 0.08 mile south of Cotesworth Way (Route 5741) 0.07 Mi. 05-40& 05/25/05 Post Mill Drive (Route 5859) - From Pond Chase Drive (Route 5742) to Brewton Way IRoute 5860) Post Mill Drive (Route 5859) - From Brewton Way (Route 5860) to 0.01 mile southwest of Brewton Way (Route 5860) KING'S FARM, SECTION 4 (Effective 3/30/2005) Brewton Terrace (Route 5861) - From Brewton Way (Route 5860) to Cul-de-sac Brewton Way (Route 5860) - From Brewton Terrace (Route 5861) to 0.10 mile southeast of Brewton Terrace (Route 5861) Brewton Way (Route 5860) - From 0.05 mile southeast of Post Mill Drive (Route 5859) to Brewton Terrace (Route 5861) TARRINGTON, SECTION 1 (Effective 3/30/2005) Langford Drive (Route 5845) - From Langford Lane (Route 5844) to Penhurst Road (Route 5846) Langford Drive (Route 5845) - From Markfield Drive (Route 5847) to 0.05 mile north of Markfield Drive (Route 5847) Langford Drive (Route 5845) - From Penhurst Road (Route 5846) To Markfield Drive (Route 5847) Langford Drive (Route 5845) - From Langford Lane (Route 5844) to Penhurst Road (Route 5846) Langford Lane (Route 5844) - From Ashwell Drive (Route 5843) to Langford Drive (Route 5845) Markfield Drive (Route 5847) - From Langford Drive (Route 5845) to 0.02 mile east of Langford Drive (Route 5845) TARRINGTON, SECTION 1 (Effective 3/30/2005) Penhurst Road (Route 5846) - From Langford Drive (Route 5485) to Langford Drive (Route 5845) Penhurst Road (Route 5846) - From Ashwell Drive (Route 5843) to Langford Drive (Route 5845) 05-405 0.23 Mi. 0.01 Mi. 0.07 Mi. 0.10 Mi. 0. O4 Mi. 0 10 Mi 0 05 Mi 0 06 Mi 0 10 Mi 0 07 Mi 0 02 Mi 0.13 Mi. 0.05 Mi. 05/25/05 TARRINGTON, SECTION 1 AT ASHWELL DRIVE (Effective 3/25/2005) Ashwell Drive (Route 5843) - From Ashwell Drive (Route 5843) to 0.15 mile east of Ashwell Drive (Route 5843) Ashwell Drive (Route 5843) - From Robious Road (Route 711) to 0.18 mile east of Robious Road (Route 711) Ashwell Drive (Roundabout Circle) (Route 5843) - From Ashwell Drive (Route 5843) to 0.05 mile southwest of Ashwell Drive (Route 5843) Ashwell Drive (Roundabout) (Route 5843) - From Ashwell Drive (Route 5843) to 0.05 mile northeast of Ashwell Drive (Route 5843) TARRINGTON, SECTION 2 (Effective 3/25/2005) Calcutt Drive (Route 5849) - From Calcutt Lane (Route 5848) to Grendon Drive (Route 5850) Calcutt Drive (Route 5849) - From Calcutt Lane (Route 5848) to Cul-de-sac Calcutt Lane (Route 5848) - From Ashwell Drive (Route 5843) to Calcutt Drive (Route 5849) Grendon Drive (Route 5850) - From Grendon Lane (Route 5852) to Calcutt Drive (Route 5849) Grendon Drive (Route 5850) - From Cul-de-sac to Grendon Lane (Route 5852) Grendon Drive (Route 5850) - From Hedgeway Place (Route 5851) to 0.08 mile southeast of Hedgeway Place (Route 5851) Grendon Drive (Route 5850) - From Calcutt Drive (Route 5849) to Hedgeway Place (Route 5851) Grendon Drive (Loop) (Route 5850) - From 0.08 mile southeast of Hedgeway Place (Route 5851) to 0.08 mile southeast of Hedgeway Place (Route 5851) Grendon Lane (Route 5852) - From Grendon Drive (Route 5850) to Ashwell Drive (Route 5843) Hedgeway Place (Route 5851) - From Grendon Drive (Route 5850) to Cul-de-sac EDGEWATER, SECTION 6 (Effective 4/15/2005) Mariners Way (Route 5852) - From Windjammer Drive (Route 5853) to Cul-de-sac 05-406 0.15 Mi. 0.18 Mi. 0.05 Mi. 0.05 Mi. 0.09 Mi. 0.09 Mi. 0.08 Mi. 0.09 Mi. 0.04 Mi. 0.08 Mi. 0.07 Mi. 0.13 Mi. 0.07 Mi. 0.06 Mi. 0.10 Mi. 05/25/05 Mariners Way (Route 5852) - From Woolridge Road (Route 668) to 0.12 mile east on Mariners Way (Route 5852) Tidal Drive (Route 5855) - From Windjammer Drive (Route 5853) to Water Shore Drive (Route 5856) Water Shore Drive (Route 5856) - From Windjammer Drive (Route 5853) to Tidal /)rive (Route 5855) Windjammer Drive (Route 5853) - From Water Shore Drive (Route 5856) to Windjammer Way (Route 5854) Windjammer Drive (Route 5853) - From Mariners Way (Route 5852) to Water Shore Drive (Route 5856) Windjammer Drive (Route 5853) - From Windjammer Way (Route 5854) to Tidal Drive (Route !5855) Windjammer Way (Route 5854) - From Windjammer Drive (Route 5853) to 0.02 mile north of Windjammer Drive (Route 5853) EDGEWATER, SECTION 7 (Effective 4/15/2005) Mariners Place (Route 5857) - From Mariners Way (Route 5852) to Cul-de-sac JESSUP FARMS, SECTION G (Effective 4/29/2005) Bareback Drive (Route 5863) - From Fairpines Road (Route 2130) to Bareback Trail (Route 5864) Bareback Terrace (Route 5864) - From Bareback Drive (Route 5863) to west to Cul-de-sac Bareback Terrace (Route 5864) - From Bareback Drive (Route 5863) to east to Cul-de-sac Fairpines Lane (Route 5862) - From Calavettie Drive (Route 5439) to Fairpines Road (Route 2130) Fairpines Road (Route 2130) - From Bareback Drive (Route 5863) to Cul-de-sac Fairpines Road (Route 2130) - From Fairpines Lane (Route 5862) to Bareback Drive (Route 5863) Fairpines Road (Route 2130) - From Fairpines Road (Route 2130) to Fairpines Lane (Route 5862) Ayes: Barber, King, Humphrey and Miller. Nays: None. Absent: Warren. 05-407 0.12 Mi. 0.08 Mi. 0.15 Mi. 0.14 Mi. 0.04 Mi. 0.06 Mi. 0.02 Mi. 0.06 Mi. 0.06 Mi. 0.08 Mi. 0.15 Mi. 0.13 Mi. 0.04 Mi. 0.07 Mi. 0.04 Mi. 05/25/05 11 · DINNER On motion of Mr. King, seconded by Mr. Barber, the Board recessed to the Administration Building, Room 502, for dinner. Ayes: Barber, King, Humphrey and Miller. Nays: None. Absent: Warren. Reconvening: 12. INVOCATION Reverend James H. Carey, Jr., Pastor Methodist Church, gave the invocation. of Bethia United 13. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Eagle Scout Michael Entwistle led the Pledge of Allegiance to the flag of the United States of America. 14. RESOLUTIONS AND SPECIAL REC0~NITIONS i~.A. RECOGNIZING MS. SUZANNE FLEMING, SOCIAL SERVICES DEPARTMENT, UPON HER RETIREMENT Ms. Snead introduced Ms. Suzanne Fleming who was present to receive the resolution. On motion of the Board, the following resolution was adopted: WHEREAS, Ms. Suzanne Fleming has devoted 31 years of service to the families and citizens of Chesterfield and Colonial Heights; and WHEREAS, Ms. Fleming has represented the Social Services Department and the community with pride in her work on a statewide level through Governor's subcommittees, policy development, and board memberships; and WHEREAS, Ms. Fleming has represented the Virginia League of Social Service Executives in speaking before numerous legislative committees and served faithfully on the League's Child Welfare Committee; and WHEREAS, Ms. Fleming has consistently given of her personal time and has shared her knowledge on county committees and task groups; and WHEREAS, Ms. Fleming was an early champion of Chesterfield TQI in all phases of implementation and has fully joined in strategic planning for the department; and WHEREAS, Ms. Fleming has brought commitment and enthusiasm to the successful operation of shelters during times of community disasters; and 05-408 O5/25/O5 WHEREAS, Ms. Fleming has taken a leadership role. in bringing issues of child protection to the community and other professionals especially by her leadership of the Cihild Abuse and Neglect Multidisciplinary Team; .and WHEREAS, first and last, Ms. Fleming has tirelessly advocated for department staff and supported their efforts in all service programs; NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 25th day of May 21305, publicly recognizes Ms. Suzanne Fleming, expresses appreciation for her total devotion to the difficult work of public service and wishes her well in the fulfilling years to come. Ayes: Barber, King, Humphrey and Miller. Nays: None. Absent: Warren. Mrs. Humphrey presented the executed resolution to Ms. Fleming, accompanied by members of her family, expressed appreciation for her dedicated service~ and congratulated her on her retirement. Mr. Miller presented a Jefferson Cup to Ms. Fleming and stated she epitomizes the best of leadership in gover~nent services. Ms. Fleming expressed appreciation to the Board for the wonderful memories she is taking with her and for the professional and personal growth opportunities she received as a Chesterfield County employee. She thanked the Social Services staff and leadership for their support over the years. A standing ovation followed. 14.B. RECO~NIZiN~ MAY 15-21, 2005, AS "EMERGENCY MEDICAL SERVICES WEEK" IN CHESTERFIELD COUNTY Chief Mauger introduced Mr. Les Ryan and Mr. Aaron Chambers, representing Ettrick-Matoaca Volunteer Rescue Squad; Mr. Rick Morrow, Mr. Kelly Quinn, Mr. Len Matthews, Ms. Judy Matthews and Ms. Judy Langford, representing Forest View Volunteer Rescue Squad; Ms. Kathy Eubank, representing Manchester Volunteer Rescue Squad; Mr. Gary Frame and Ms. Micky Grodski, representing Bensley-Bermuda Volunteer Rescue Squad; Captain Joe Newsome, representing Chesterfield Fire and Emergency Medical Services; and Ms. Tammy Higgins, representing the Emergency Communications Center, who were present to receive the resolution. On motion of the Board, the following resolution was adopted: WHEREAS, emergency medical services is a vital public service; and WHEREAS, the members of emergency medical services teams are ready to provide lifesaving care to those in need twenty- four hours a day, seven days a week; and 05-409 O5/25/O5 WHEREAS, access to quality emergency care dramatically improves the survival and recovery rate of those who experience sudden illness or injury; and WHEREAS, injury prevention and the appropriate use of the emergency medical system will help reduce national health care costs; and WHEREAS, emergency medical services providers have traditionally served as the safety net of America's health care system; and WHEREAS, emergency medical services teams consist of emergency physicians, emergency nurses, emergency medical technicians, paramedics, firefighters, communications officers, educators, administrators, and others; and WHEREAS, the members of emergency medical services teams, whether career or volunteer, engage in many hours of specialized training and continuing education to enhance their lifesaving skills; and WHEREAS, the citizens and guests of Chesterfield County benefit daily from the knowledge and skills of these highly trained individuals; and WHEREAS, it is appropriate to recognize the value and the accomplishments of the emergency medical services providers from Chesterfield Fire and EMS, Chesterfield County's Emergency Communications Center, and the Volunteer Rescue Squads of Bensley-Bermuda, Ettrick-Matoaca, Forest View, and Manchester. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors publicly recognizes the week of May 15-21, 2005, as "Emergency Medical Services Week." Ayes: Barber, King, Humphrey and Miller. Nays: None. Absent: Warren. Mr. King presented executed resolutions to representatives from each of the rescue squads, Chesterfield Fire and EMS, and the Emergency Communications Center, and expressed appreciation for the valuable services provided by the county's emergency medical services providers. Each of the representatives expressed appreciation to the Board for its support of emergency medical services in Chesterfield County. 14.C. RECOGNIZING BOY SCOUTS UPON ATTAINING TW~ RANK OF EAGLE SCOUT 14.C.1. MR. THOMAS WALTON-CALE, CLOVER HILL DISTRICT 14.C.2. MR. MICHAEL ENTWISTLE, BERMUDA DISTRICT 14.C.3. MR. JAMES RICHARD MANI, MATOACA DISTRICT 14.C.4. MR. THOMAS SAUNDERS, MIDLOTHIAN DISTRICT Mr. Hammer introduced Mr. Thomas Walton-Cale, Mr. Michael Entwistle, Mr. James Mani and Mr. Thomas Saunders, who were present to receive the resolutions. 05-410 05/25/05 On motion of the Board, the following resolution was adopted: WHEREAS, the Boy Scouts of ~nerica was incorporated by Mr. William D. Boyce on February 8, 11910, and was chartered by Congress in 1916; and WHEREAS, the Boy Scouts of America was founded to build character, provide citizenship training and promote physical fitness; and WHEREAS, after earning at least twenty-one merit badges in a wide variety of skills including leadership, service and outdoor life, serving in a leadership position in a troop, carrying out a service project beneficial to their community, being active in the troop, demonstrating Scout spirit, and living up to the Scout Oath and Law Mr. Thomas Walton-Cale, Troop 800, sponsored by Bethel Baptist Church; Mr. Michael Robert Entwistle, Troop 877, sponsored by Chester Presbyterian Church; Mr. James Richard Mani, Troop 806, sponsored by Woodlake United Methodist Church; and Mr. Thomas M. Saunders, Troop 829, sponsored by Saint Matthias' Episcopal Church, have accomplished tlhose high standards of commitment and have reached the long-sought goal of Eagle Scout which is received by only four percent of those individuals entering the Scouting movement; and WHEREAS, growing through their experiences in Scouting, learning the lessons of responsible citizenship, and endeavoring to prepare themselves fozl roles as leaders in society, Thomas, Michael, James and Thomas have distinguished themselves as members of a new generation of prepared young citizens of whom we can all be very proud. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 25th day of May 2005, hereby extends its congratulations to Mr. Thomas Walton-Cale, Mr. Michael Robert Entwistle, Mr. James Richard Mani and Mr. Thomas M. Saunders, and acknowledges the good fortune of the county to have such outstanding young men as its citizens. Ayes: Barber, King, Humphrey and Miller. Nays: None. Absent: Warren. Mr. Barber presented executed resolutions and patches tc Mr. Walton-Cale, Mr. Entwistle, Mr.. Mani and Mr. Saunders, accompanied by members of their families, congratulated them on their outstanding achievement, and wished them well in their future endeavors. Mr. Saunders expressed appreciation to the Board for the recognition and also to his parents and scoutmasters for their support. Mr. Mani expressed appreciation to the Board for the recognition and also to his parents, God and others for their support. Mr. Walton-Cale expressed appreciation to the Board for the recognition and also to his parents, members of his troop and scoutmaster for their support. 05-~11 05/25/05 Mr. Entwistle expressed appreciation to the Board for the recognition and also to Chester Presbyterian Church and others for their support. 15. 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 17 05SN0185 In Midlothian Magisterial District, COMMERCIAL LAND DEVELOPMENT requests rezoning and amendment of zoning district map from Agricultural (A) to General Industrial (I- 2) with Conditional Use to permit commercial uses and Conditional Use Planned Development to allow exceptions to Ordinance requirements. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for light industrial/flex uses. This request lies on 35.1 acres fronting approximately 1,100 feet on the south line of Midlothian Turnpike, also fronting in two (2) places for a total of approximately 450 feet on the west line of Otterdale Road and located in the southwest quadrant of the intersection of these roads. Tax IDs 720-709-6011 and 721- 709-2704 and 3240 (Sheet 5). Mr. Turner stated Mr. Barber has requested that Case 05SN0185 be remanded to the Planning commission Mr. Jim Theobold was present representing the applicant. Mr. Barber requested that, as soon as the issues of the case have been thoroughly addressed, the Planning Commission consider suspending its rules and place the request on its next agenda. He also requested that the case be double advertised and placed on the Board's agenda as soon as possible following the Planning Commission's hearing of the case. Mr. Barber called for public comment. No one came forward to speak to the remand request. On motion of Mr. Barber, seconded by Mr. Miller, the Board remanded Case 05SN0185 to the Planning Commission. Ayes: Barber, King, Humphrey and Miller. Nays: None. Absent: Warren. 05SN0181 In Bermuda Magisterial District, JOHN W. ROBERTS requests rezoning and amendment of zoning district map from General Industrial (I-2) to General Business (C-5). The density of such amendment will be controlled by zoning conditions or 05-412 O5/25/O5 Ordinance standards. The Comprehensive Plan suggests the property is appropriate for commercial use. This request lies on 7.0 acres fronting approximately 900 feet on the northwest line of Woods Edge Road across from Walthall Industrial Parkway. Tax ID 802-637-3630 (Sheet 35). Mr. Turner presented a summary of Case 05SN0181 and stated the Planning Commission and staff recommended approval and acceptance of the proffered conditions. Mr. Dean Hawkins, representing the applicant, recommendation is acceptable. stated the Mr. Barber called for public comment. No one came forward to speak to the request. On motion of Mr. King, seconded by Mr. Barber, the Board approved Case 05SN0181 and accepted the following proffered conditions: Prior to any site plan approval, forty-five (45) feet of right of way along the north side of Woods Edge Road, measured from the centerline of that part of Woods Edge Road immediately adjacent to the property, shall, be dedicated, free and unrestricted, to and for the County of Chesterfield. (T) o Direct access from the property to Woods Edge Road shall be limited to one (1) entrance/exit generally located towards the western part o~ the property. The Transportation Department may modify this condition to allow one (1) additional entrance/exit to Woods Edge Road, generally located at the eastern property line. This additional entrance/exit shall only be permitted if, among other things, the westernmost access that serves Bethesda Baptist Church (Tax ID 802-637-5658) is closed as determined by the Transportation Department. The exact location of these entrances/exits shall be determined by the Transportation Department. (T) o Prior to the issuance of an occupancy permit, the Owner/Developer shall ]De responsible for the construction of additional pavement along Woods Edge Road at each approved access to provide right and left turn lanes, based on Transportation Department standards. The Owner/Developer shall dedicate, free and unrestricted, to and for the benefit of the County of Chesterfield, any additional right-of-way (or easements) required for the improvements idemtified above. (T) 4. The public wastewater system shall be used. (U) o Except for timbering approved by the Virginia State Department of Forestry for the purpose of removing dead or diseased trees, there shall be no timbering on the Property until a Land Disturbance Permit has been issued by the Environmental Engineering Department and the approved devices installed. (EE) 6. Permitted uses shall be limited to the following: a. Hotels 05-413 O5/25/O5 bo Uses permitted by right in the Light Industrial (I- l) District Two (2) restaurants, only one (1) of which may be a fast food restaurant (T&P) Ayes: Barber, King, Humphrey and Miller. Nays: None. Absent: Warren. 05SN0197 In Dale Magisterial District, KENNETH W. BROADWATER requests rezoning and amendment of zoning district map from Agricultural (A) to Residential (R-12). Residential use of up to 3.63 units per acre is permitted in a Residential (R- 12) District. The Comprehensive Plan suggests the property is appropriate for residential use of 2.51 to 4.0 units per acre. This request lies on 8.9 acres fronting approximately 850 feet on the south line of Little Creek Lane, approximately 180 feet west of Meadwood Circle, also fronting approximately 300 feet on the north line of Watchrun Drive across from Watchrun Court. Tax IDs 779-682-5326, 6825 and 7162 (Sheets 12 and 18). Mr. Turner presented a summary of Case 05SN0197 and stated the Planning Commission and staff recommended approval and acceptance of the proffered conditions. Mr. Wayne Toy, representing recommendation is acceptable. the applicant, stated the Mr. Barber called for public comment. No one came forward to speak to the request. On motion of Mr. Miller, seconded by Mr. King, the Board approved Case 05SN0197 and accepted the following proffered conditions: 1. Public water and wastewater systems shall be used. (U) The applicant, subdivider, or assignee(s) shall pay the following, for infrastructure improvements within the service district for the property, to the County of Chesterfield prior to the issuance of building permit: $11,500.00 per dwelling unit, if paid prior to July 1, 2005; or bo The amount approved by the Board of Supervisors not to exceed $11,500.00 per dwelling unit adjusted upward by any increase in the Marshall and Swift Building Index between July 1, 2004 and July 1 of the fiscal year in which the payment is made if paid after June 30, 2005. C · In the event the cash proffer is not used for the purpose for which proffered within 15 years of receipt, the cash shall be returned in full to the payer. (B&M) o The minimum gross floor area for one story dwelling units shall be 1600 square feet and dwelling units with 05-414 O5/25/O5 more than one story shall have a minimum gross floor area of 2000 square feet. (P) 4. Lots shall have a minimum of 12,000 square feet. (P) o The maximum number of lots shall be twenty-two (22). (P) 6. Manufactured homes shall not be permitted. (P) o All exposed portions of the foundation of each new dwelling unit and all exposed piers supporting front porches shall be faced with brick or stone veneer. (P&BI) o Other than a single private drive to serve the exis!zing dwelling unit located on Tax ID 779-682-5326, there shall be no access from the property to Watchlight Road. o In conjunction with recordation of the ini~5ial subdivision plat, thirty (30) feet of right-of-way on the south side of Little Creek Lane, measured from the centerline of that part of Little Creek Lane immedia'Sely adjacent to the property, shall be dedicated, free and unrestricted, to and for the benefit of Chesterfield County. (T) 10. Ail accesses, including driveways, onto Little Creek Lane shall be located to minimize lights from vehicles exiting the property from shining directly into dwelling units located across Little Creek Lane existing at time of tentative subdivision review. At time of tentative subdivision review, the exact locations of tlnese accesses shall be approved by the Transportation Department, and the access restriction shall be identified and noted on the record plat. (T) 11. In conjunction with the initial development on the property, the ditch along the south side of Little Creek Lane shall be relocated to provide a six (6) foot wide shoulder, with modifications approved by the Transportation Department. The developer shall dedicate, free and unrestricted, to and for the benefit of Chesterfield County any additional right-of-way (or easement) required for this road improvement. (T) 12. The developer shall provide a ten (10) year ]post development storm water retention basin with a rel,ease rate of a two (2) year predevelopment storm on the site or improve the existing culverts at the end of Watclhrun Drive to meet current drainage standards. (EE) 13. Where buffers are required by Subdivision Ordinance on Little Creek Lane, Watchlight Road and Watchrun drive, the required landscaping shall be supplemented with two (2) staggered rows of Leland cypress having an initial minimum height of four (4) feet and planted ten (10) feet on center. (P) Ayes: Barber, King, Humphrey and Miller. Nays: None. Absent: Warren. 05.-415 05/25/05 05SN0198 In Clover Hill Magisterial District, FINER HOMES, INC. requests rezoning and amendment of zoning district map from Agricultural (A) to Residential (R-12). Residential use of up to 3.63 units per acre is permitted in a Residential (R- 12) District. The Comprehensive Plan suggests the property is appropriate for residential use of 1.0 - 2.5 units per acre. This request lies on 22.9 acres and is known as 4701 N. Bailey Bridge Road. Tax ID 741-678-5255 (Sheet 16). Mr. Turner presented a summary of Case 05SN0198 and stated the Planning Commission and staff recommended approval and acceptance of the proffered conditions. Mr. Wayne Toy, representing recommendation is acceptable. the applicant, stated the Mr. Barber called for public comment. No one came forward to speak to the request. Mr. Barber stated, although Mr. Warren could not be present at the meeting, he has indicated that he supports the request. Mr. Barber then made a motion, seconded by Mr. Miller, for the Board to approve Case 05SN0198 and accept the following proffered conditions: 1. Public water and wastewater systems shall be used. (U) The applicant, subdivider, or assignee(s) shall pay the following, for infrastructure improvements within the service district for the property, to the County of Chesterfield prior to the issuance of building permit: $11,500.00 per dwelling unit, if paid prior to July 1, 2005; or The amount approved by the Board of Supervisors not to exceed $11,500.00 per dwelling unit adjusted upward by any increase in the Marshall and Swift Building Cost Index between July 1, 2004 and July 1 of the fiscal year in which the payment is made if paid after June 30, 2005. In the event the cash proffer is not used for the purpose for which proffered within 15 years of receipt, the cash shall be returned in full to the payer. (B and M) The minimum gross floor area for all dwelling units shall be 1800 square feet. (P) 4. Manufactured homes shall not be permitted. (P) Ail exposed portions of the foundation of each new dwelling unit and all exposed piers supporting front porches shall be faced with brick or stone veneer. (P) 05-&16 05/25/05 o There shall be no access to Bailey Bridge Road except for driveway which is serving exis~ing dwelling. (T) 7. There shall be no more than 2.5 lo~s per acre. P) o Except for timbering approved by the Virginza State Department of Forestry for the purpose of removing dead or diseased trees, there shall be no timbering on the property until a land use disturbance permit has been obtained from the Environmental Engineering Department and approved devices have been ins~talled. (EE) o In conjunction with recordation of the initial subdivision plat, forty-five (45) feet of right of way along the eastern line of Bailey Bridge Road, measured from the centerline of that part of the road immediately adjacent to the property, shall be dedicated, free and unrestricted, to and for the benefit of Chesterfield County. (T) Ayes: Barber, King, Humphrey and Miller. Nays: None. Absent: Warren. 05SR0215 In Clover Hill Magisterial District, BANNER CHRISTIAN SCHOOL requests renewal of Conditional Use (Case 03SN0285) and amendment of zoning district map to permit private school use in an Agricultural (A) District. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for medium density residential use of 1.51 to 4.0 units per acre. This request lies on 8.3 acres and is known as 1501 South Providence Road. Tax ID 755-698- 4828 (Sheet 7). Mr. Turner presented a summary of Case 05SR0215 and stated the Planning Commission and staff recommended approval subject to conditions. Mr. Tom Burkett, representing the applicant, recommendation is acceptable. stated the Mr. Barber called for public comment. No one came forward to speak to the request. In response to Mrs. Humphrey's question, Mr. Turner stated the applicant will not be required to return to the Board to renew this conditional use permit again. In response to Mr. Miller's question, Mr. Turner stated Planning staff typically does not recommend a time limitation in these sorts of uses, particularly if they are being tied to the principal use of the property, which is the church. He further stated the Planning Commission did not express any concerns regarding a time limitation. Mrs. Humphrey made a motion, seconded by Mr. King, for the Board to approve Case 05SR0215 subject to conditions. 05.-417 05/25/05 Mr. Barber stated Mr. Warren also indicated his support of this request. Mr. Barber then called for a vote on the motion of Mrs. Humphrey, seconded by Mr. King, for the Board to approve Case 05SR0215 subject to the following conditions: 1. The operation of the private school shall be in conjunction with church use only. (P) The following setback criteria shall apply to any outdoor play fields, courts, swimming pools and similar active recreational areas: ao With the exception of playground areas which accommodate swings, jungle gyms or similar such facilities, all active play fields, courts, swimming pools or similar active recreational facilities which could accommodate organized sports such as football, soccer, basketball, etc., shall be located a minimum of 100 feet from adjacent properties to the north, south and east. Within this setback, existing vegetation shall be supplemented, where necessary, with landscaping or other devices designed to achieve the buffering standards for fifty (50) foot buffers in the Zoning Ordinance. bo If active play fields, courts, swimming pools and similar active recreational areas are setback more than 100 feet from the adjacent properties to the north, south and east, the landscaping or other design features described in Condition 2.a. may be modified by the Planning Department at the time of site plan review. Such modification shall accomplish mitigation of the visual and noise impacts that sports or related activities have on adjacent properties equivalent to the 100 foot setback/landscaping requirements described in Condition 2.a. C o Any new playground areas (swings, jungle gyms or similar such facilities) shall be setback a minimum of forty (40) feet from all property lines. (P) Any new development to accommodate the use shall comply with Emerging Growth District standards for Corporate Office (0-2) Districts. (P) Ayes: Barber, King, Humphrey and Miller. Nays: None. Absent: Warren. 05SN0218 In Dale Magisterial District, ALLIED (RICHMOND) LAND COMPANY requests rezoning and amendment of zoning district map from Corporate Office (0-2) to Residential Townhouse (R-TH) with Conditional Use Planned Development to permit exceptions to Ordinance requirements. Residential use of up to 8.00 units per acre is permitted in a Residential Townhouse (R-TH) District. The Comprehensive Plan suggests the property is appropriate for residential use of 7.01 units per acre or more. This request lies on 6.8 acres fronting approximately 05-~18 05/25/05 400 feet on the west line of Belmont Road, approximately 200 feet north of Stella Road. Tax ID 772-692-3366 (Sheet 11). Mr. Turner presented a summary of Case 05SN0218 and stated the Planning Commission and staff recommended approval subject to one condition and acceptance of the proffered conditions. Mr. Miller inquired about the number of units proposed for the development. Mr. John Easter, representing the applicant, stated the proposal includes a single access; therefore, the development will be capped at 50 units, consistent with the density specified in the Central Area Plan. He further stated the recommendation is acceptable. Mr. Barber called for public comment. No one came forward to speak to the request. On motion of Mr. Miller, seconded by Mr. King, the Board approved Case 05SN0218, subject to the 'following condition: A temporary model home (sales office) shall be permitted in a modular office unit provided until such time as the first occupancy permit for a dwelling unit is issued. (P) And, further, conditions: the Board accepted the following proffered The applicant in this rezoning case, pursuant to Section 15.2-2298 of the Code of Virginia (1950) (as amended) and the Zoning Ordinance of Chesterfield County, for itself and its successors or assigns (the ~Applicant"), proffers that the property under consideration (the "Property") will be developed according to the following proffers if, and only if, the rezoning request submitted herewith is granted with only those conditions agreed to by the owner and Applicant. In the event this request is denied or approved with conditions not agreed to by the Applicant, the proffers s[hall immediately be null and void and of no further force, or effect: Master Plan. The textual statement dated April 11, 2005, shall be considered the Master Plan. (P) Cash Proffer. The Applicant shall pay the followin!~ to the County of Chesterfield prior to the issuance of each building permit for infrastructure improvements within the service district for the Property: so $11,500.00 per dwelling unit, if paid prior to July 1, 2005; or bo The amount approved by the Board of Supervisors not to exceed $11,500.00 per dwelling unit adjusted upward by any increase in the Marshall and Swift Building Cost Index between July 1, 2004, and July 1 of the fiscal year in which the payment is made if paid after June 30, 2005. C o Should Chesterfield County impose impact fees at any time during the life of this development that 05-419 05/25/05 o o o o are applicable to the Property, the amount paid in cash proffers shall be in lieu of, or credited toward, but not in addition to, any impact fees, in a manner determined by the County do In the event the cash payment is not used for the purpose for which proffered within 15 years of receipt, the cash shall be returned in full to the payor. (B&M) Timbering. Except for timbering approved by the Virginia State Department of Forestry for the purpose of removing dead or diseased trees, there shall be no timbering on the Property until a land disturbance permit has been obtained from the Environmental Engineering Department and the approved devices have been installed. (EE) Dedication. In conjunction with recordation of the initial subdivision plat, the Applicant shall dedicate, free and unrestricted, to and for the benefit of Chesterfield County, forty-five (45) feet of right-of- way on the west side of Belmont Road, measured from the centerline of that part of Belmont Road immediately adjacent to the Property. (T) Access Roads. Ail roads that accommodate general traffic circulation through the development, as determined by the Transportation Department, shall be designed and constructed to VDOT standards and taken into the State System. Setbacks from these roads shall be as identified for special access streets pursuant to Section 19-505(b) of the Zoning Ordinance. (T) Sidewalks and Trails. Sidewalks and trails shall be provided to facilitate pedestrian access within the development. Sidewalks shall be provided generally along each side of interior roads, including access roads from Belmont Road into the Property, and along that side of any common driveway or parking area on which residential units front. Trails shall be provided generally along the perimeter of the Property. (P) Street Trees. Street trees in accordance with the requirements of the Zoning Ordinance shall be installed along each side of the interior roads and common driveways, including entrance roads from Belmont Road into the Property. If existing trees are maintained, they may be counted toward this requirement. (P) Tree Preservation Area. A twenty (20) foot tree preservation strip shall generally be maintained along the perimeter of the Property adjacent to Tax IDs 7726933904 and 7716927782. This tree preservation area shall be located in common open space. Within this area, trees that are six (6) inches in caliper or greater shall be retained, except that the following shall be permitted: removal of dead or diseased trees; utilities crossing the preservation strip in a generally perpendicular fashion; pedestrian trails; and water quality or retention/detention facilities. (P) Landscaping. Landscaping shall be provided around the perimeter of all buildings, between buildings and 05-420 O5/25/O5 driveways, within medians, and within common areas not occupied by recreational facilities or other structures. Landscaping shall comply with the requirements of the Zoning Ordinance Sections 19-516 through 19-518. Landscaping shall be designed to: minimize the predominance of building mass and paved areas; define private spaces; and enhance the residential character of the development. The Planning Department, at time of subdivision tentative review~ shall approve the landscaping plan with respect to the exact numbers, spacing, arrangement, and species of plantings. (P) 10. Building Materials. Dwelling units shall be constructed with materials such as: brick or stone veneer; composition, hardiplank, or vinyl siding; and 20-year asphalt shingles. (P) 11. Open Space/Recreation Area. A minimum of 0.75 acres of open space/recreation shall be provided to provide a focal point. Part of this area shall be ~hardscaped" and have benches or other amenities that accommodate and facilitate gatherings. A portion of the focal point may include area devoted to best management/stormwater facilities. (P) 12. Minimum Dwelling Size. The minimum gross floor area for dwelling units shall be 1,100 square feet. (P) 13. Access to Belmont Road. Direct access from the Property to Belmont Road shall be limited to one (1) public road. The exact location of this access shall be approved by the Transportation Department. (T) 14. Garage Orientation. Each townhouse unit shall be designed and constructed so that it either (a) has no garage, or (b) has a garage that is side-loaded or rear- loaded. (P) Ayes: Barber, King, Humphrey and Miller. Nays: None. Absent: Warren. 05SN0244 In Bermuda Magisterial District, JUSTIN L. BURKEY, JR. requests amendment to zoning (Case 78S154) and amendment of zoning district map relative to vehicle storage. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for community commercial/mixed use corridor use. This request lies in a General Business (C-5) District on 1.0 acre and is known as 14910 Jefferson Davis Highway. Tax ID 800-641-7479 (Sheet 34). Mr. Turner presented a summary of Case 05SN0244 and stated the Planning Commission and staff recommended approval. Mr. Justin Burkey stated the recommendation is acceptable. Mr. Barber called for Public co~nent. No one came forward to speak to the re~]est. 05-~21 05/2:5/05 On motion of Mr. King, seconded by Mrs. Humphrey, the Board approved Case 05SN0244. Ayes: Barber, King, Humphrey and Miller. Nays: None. Absent: Warren. 05SN0229 In Dale Magisterial District, GEORGE P. EMERSON, JR. requests rezoning and amendment of zoning district map from Agricultural (A) to Residential (R-40). Residential use of up to 1.09 units per acre is permitted in a Residential (R- 40) District. The Comprehensive Plan suggests the property is appropriate for residential use of 1 to 5 acre lots, suited to R-88 zoning. This request lies on twenty (20) acres lying approximately 5,900 feet off the east line of Nash Road, measured from a point approximately 1,175 feet north of Eastfair Drive. Tax ID 769-652-7448 (Sheet 25). Mr. Turner presented a summary of Case 05SN0229 and stated the Planning Commission and staff recommended approval and acceptance of the proffered conditions. Discussion ensued relative to the potential number of new dwelling units. Mr. Allan Carmody, Budget Manager stated that, in determining potential number of new dwelling units to be included in the analysis of the case, staff uses average actual yields based on a three-year rolling average of what has actually been produced on properties for any kind of zoning. He further stated, when an applicant proffers a specific number of units or a specific density, the information will be provided in the staff analysis. Mr. George Emerson stated the recommendation is acceptable. He stated the development will include approximately eight to 12 units. Mr. Barber called for public comment. No one came forward to speak to the request. Mr. Miller stated it is unusual not to know the number of units in a proposed development, but he does not believe it will have a significant impact on the area. Mr. Miller then made a motion, seconded by Mr. King, for the Board to approve Case 05SN0229 and accept the following proffered conditions: In connection with the Zoning Application filed in connection with the above property, the Applicant makes the following proffers: The property owner and developer (the ~Developer" in this zoning case, pursuant to 15.2-2298 of the Code of Virginia (1950 as amended) and the Zoning Ordinance of Chesterfield County for themselves an their successors or assigns proffer that the development of the property known as Tax ID No. 769-652-7448-00000 (the ~Property") under consideration will be developed according to the following 05-422 05/25/05 conditions, if, and only if, the rezoning request applied for herein is granted. In the event the request is denied[ or approved with conditions not agreed to by the Developer, the proffers and conditions shall immediately be null and void and of no further force or effect. If the zoning is granted, these proffers and conditions will supercede all proffers and conditions not existing on the property. 1. (a) If the existing dam and pond straddling an adjacent property line is used for the project's BMP, then it shall be retrofitted to meet current day standards as outlined in the Environmental Engineering reference manual to include, but not limited to, property primary' spillways, emergency spillways, and structural stability. The retrofit design shall be performed by a qualified professional and all remedial action shall take place in conjunction with that phase of development which is located within the dam's contributory drainage way. (b) If the proper easements can not be obtained to retrofit the existing facility, identified in item l(a), upstream BMPs shall be constructed to render the existing primary spillways adequate to pass the ten (10) year storm. (EE) o Timbering. With the exception of timbering which has been approved by the Virginia State Department of Forestry for the purpose of removing dead or diseased trees, there shall be no tirmbering on the Property until a land disturbance permit has been obtained from the Environmental Engineering Department, and the approved devices have been installed. Trail/Open Space along Swift Creek. An open space area, a minimum of 150 feet in width shall be provided along the length of Swift Creek from the northern to the southern parcel boundaries. Within this area the developer shall provide a trail.. The exact length, width, and treatment of the trail shall be submitted to the Department of parks and Recreation for comments. The open space/trail shall be owned and maintained by the homeowners Association. (P&R) Covenants Conditions, and Restrictions. It is the intention of the Applicant to incorporate the lots in this parcel into the Community known as the Highlands and to that end, restrictive covenants shall be recorded in conjunction with the recordation of any subdivision plat for the Property, which will subject said lots to all the covenants, conditions, and restriction currently in effect in all sections of the Highlands. (P) 5. Manufactured Homes. ao Manufactured homes shall not be permitted on the Property. This proffered condition shall not be interpreted to prohibit, the installation of any mobile real estate sales office permitted on the property by an approved Conditional Use, wlhich shall not be used for ~elling purposes. 05-423 05/25/05 bo The following shall be recorded as a restrictive covenant in conjunction with the recordation of any subdivision plat for the property: ~No manufactured homes shall be allowed to become a residence, temporary or otherwise." (P) 6. Cash Proffer. ao Except as otherwise provided herein, for each single family residential dwelling unit developed, the applicant, subdivider, or assignee(s) shall pay $11,500.00 per unit to the County of Chesterfield, prior to the time of issuance of a building permit, for infrastructure improvements within the service district for the Property if paid prior to July 1, 2005. Thereafter, such payment shall be the amount approved by the Board of Supervisors not to exceed $11,500.00 per unit as adjusted upward by any increase in the Marshall and Swift Building Cost Index between July 1, 2004 and July 1 of the fiscal year in which the payment is made if paid after June 30, 2005. The per dwelling unit cash proffer amount shall be prorated among schools, roads, libraries, fire stations, and parks and recreation facilities by the County's Department of Budget and Management. bo If any of the cash proffers are not expended for the purposes designated by the Capital Improvement Program within fifteen (15) years from the date of payment, they shall be returned in full to the payor. Should Chesterfield County impose impact fees at any time during the life of the development that are applicable to the Property, the amount paid in cash proffers shall be in lieu of or credited toward, but not in addition to, any impact fees in a manner as determined by the County. (B&M) Ayes: Barber, King, Humphrey and Miller. Nays: None. Absent: Warren. 05SN0240 In Bermuda Magisterial District, BELLWOOD ROAD LLC requests Conditional Use and amendment of zoning district map to allow General Business (C-5) uses in a General Industrial (I-2) District. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for general industrial use. This request lies on 38.1 acres fronting approximately 850 feet on the south line of Bellwood Road, also fronting approximately 650 feet on the east line of Jefferson Davis Highway and located in the southeast quadrant of the intersection of these roads. Tax ID 793-674- 2919 (Sheet 18). Mr. Turner presented a summary of Case 05SN0240 and stated the Planning Commission and staff recommended approval subject to one condition. Mr. Roger Habeck, representing the applicant, recommendation is acceptable. stated the 05-424 05/25/05 Mr. Barber called for public conm~ent. Mr. Roger Habeck, speaking for the Chesterfield Chamber of Commerce, the Jefferson Davis Enterprise Center and the Jefferson Davis Association, stated approval of this request will allow the enterprise center to relocate to a much more positive location that will be far less expensive to operate and provide much greater opportunity for start-up business in the county. He further stated the facility is large enough that businesses will not have relocate after a three-year period. He stated this is a wonderful opportunity to grow small business in the community. There being no one else to speak to the request, the public hearing was closed. Mr. King expressed appreciation to the property owner and to Mr. Habeck for this endeavor that will allow small businesses to continue to grow in Chesterfield. Mr. King then made a motion, seconded by Mr. Miller, for the Board to approve Case 05SN0240 subject to the following condition: In addition to the uses permitted in the General Industrial (I-2) District, those uses permitted by right or with restrictions in the General Business ({2-5) District shall[ be permitted. (P) Ayes: Barber, King, Humphrey and Mil. ler. Nays: None. Absent: Warren. 05SN0192 In Clover Hill Magisterial District, SBF LLC requests rezoning and amendment of zoning district map from Agricultural (A) to Residential (R-12). Residential use of up to 3.63 units per acre is permitted in a Residential (R- 12) District. The Comprehensive Plan suggests the property is appropriate for residential use of 1.51 to 4.0 units per acre. This request lies on 10.0 acres fronting approximately 400 feet on the northeast line of Reams Road, also fronting approximately 600 feet on the southeast line of Arch iHill Drive and located in the southeast quadrant of the intersection of these roads. Tax IDs 752-700-2512 and 6421 (Sheet 6). Ms. Darla Orr presented a summary of Case 05SN0192 and stated staff recommended approval subject to the applicant adequately addressing the impact of the proposed development on capital facilities, noting that the proposed development complies with the Northern Area Plan. She further sta~zed, although the cash contribution is appropriate in dollar amount to that which has consistently been accepted in accordance with the Board's policy, it fails to address the impact of the proposed development on schools, libraries, parks and fire service. She stated the Planning Commission recommended approval and acceptance of the proffered conditions, noting that Proffered Condition 8 addresses needed area road improvements. 05-425 05/25/05 In response to Mr. Miller's question, Ms. Orr clarified that Proffered Condition 8, which includes a contribution towards area road improvements in Traffic Shed 4, has been offered in lieu of a cash proffer and does not offer cash to schools, fire, parks or libraries. Mr. Andy Scherzer, representing the applicant, stated Proffered Condition 8 was offered as a result of transportation concerns expressed by area residents. He further stated, because the proposed development includes a small number of lots, the dollar amount of the cash proffer would be relatively small if divided among the various capital facilities and therefore not significant for individual capital facilities. He stated, because the proposed development is an in-fill project and it is not anticipated that other new developments would add cash proffers for the area, the applicant created a critical mass of money to address area road issues. He further stated the Planning Commission saw the merit of Proffered Condition 8 and recommended approval of the request. Mr. Barber called for public comment. No one came forward to speak to the request. Mr. Barber stated Mr. Warren assured him he was comfortable with the request. Mr. Miller stated, because schools in this area are under capacity, the Planning Commission recommended approval and there is no opposition to the request, he will support it. Mr. Barber expressed concerns relative to the number of zoned lots in this school zone that could change school capacity numbers. Ms. Cynthia Owens-Bailey stated it is not anticipated that this request will have a major impact on schools. Mr. Miller expressed concerns that, although small in-fill developments may not individually impact schools, incrementally over a long period of time they could impact schools. Ms. Owens-Bailey stated schools sees no capacity issues in the area of the subject development in the short term. Mr. Barber inquired whether this proffered condition could set a precedent for other cases. Mr. Micas referenced a recent zoning request along Nash Road where the Board accepted a construction proffer in lieu of a cash proffer to address important road concerns in the area. He stated the amount of such a proffered condition must have a rational relationship to the development itself, indicating that the cash proffer amount in the Board's policy would be a reasonable benchmark. Mrs. Humphrey stated there have been past zoning cases where cash proffers were grouped in one category or another. She further stated she would like to hear from Mr. Warren before accepting the proffered conditions offered by the applicant. 05-426 O5/25/O5 Mrs. Humphrey then made a motiont seconded by Mr. Miller, for the Board to defer Case 05SN0192 until June 22, 2005. Mr. Barber inquired whether the applicant had any issues 'with a deferral. Mr. Scherzer stated the applicant would accept a 30-day deferral. He noted Reams Road has a higher accident rate per trip than the highest intersection accident rate in the county. Mr. Barber inquired whether it is the applicant's intention to apply the cash to improving the intersection of Reams and Adkins Roads. Mr. McCracken stated sufficient funding is available now to address the Reams/Adkins Roads intersection, and additional funding must be accumulated to address other areas of Reams Road, including its intersections at Rosegill Road and Wadsworth Drive. Mr. Barber called for a vote on the motion of Mrs. Humphrey, seconded by Mr. Miller, for the Board to defer Case 05SN0192 until June 22, 2005. Ayes: Barber, King, Humphrey and Miller. Nays: None. Absent: Warren. 04SN0207 In Matoaca Magisterial District, DART II LLC requests rezoning and amendment of zoning district map from Agricultural (A) to Residential (R-15) with Conditional Use Planned Development to permit exceptions to Ordinance requirements. Residential use of up tc 2.9 units per acre is permitted in a Residential (R-15) District. The Comprehensive Plan suggests the property is appropriate for single-family residential use of 2.0 units per acre or less. This request lies on 302.6 acres fronting approximately 1,400 feet on the east line of Otterdale Road approximately 680 feet north of Woolridge Road, also fronting in two (2) places for approximately 2,250 feet on the north line of Woolridge Road approximately 1,400 feet east of Otterdale Road. Tax IDs 708-675-1560; 708-677-8911; 709-6'75-6985; 709-676-0702, 5333, 6590 and 9324; 709-677-2520, 3264 and 3406; 709-678- 5743; 710-676-0704 and 1579; 710-677--3873; 7i0-678-Part of 7575; 711-677-9367; 711-678-4858; 711-!579-6522; and 712-679- 2887 (Sheet 15). Ms. Orr presented a summary of Case 04SN0207 and stated an addendum to Proffered Condition 3 provldes that a minimum of 200 lots will be developed with a reduced lot size and incorporates the neo-traditional design and typical quality standards. She provided details of permitted uses within Tracts A, B, C and D of the subject property. She stated staff recommended approval subject to the applicant addressing the location of the commercial node, the focal point acreage and garage orientation. She further stated, except for the commercial node, the request conforms to the Upper Swift Creek Plan. She stated the location of the commercial node along Woolridge Road does not provide the 05-427 05/25/05 internal focus and the limited service or convenience area that the Plan envisions. She further stated the request fails to meet the typical standards established for reduced lot developments because the focal point at the intersection of the north/south road and Woolridge Road should be 0.75 acres, and the request also fails to fully minimize the impact of garage doors facing the street. She noted the applicant has addressed impacts of the development on capital facilities. She stated the Planning Commission, on a vote of 3-2, recommended approval and acceptance of the proffered conditions, indicating that the proposed development complies with Upper Swift Creek Plan and addresses the impact on capital facilities. She further stated the Board must suspend its rules to accept amended Proffered Condition 3. There was brief discussion relative to focal point acreage. Hs. Orr stated, the focal point acreage is greater than 0.75 acres overall, but staff would prefer to see the suggested focal point acreage provided at each of the entrances to the development. Mr. Andy Scherzer, representing the applicant, stated the proposed development is a unique neo-traditional type village. He further stated the applicant collaborated with Design Works to provide a product that would appeal to a variety of people with safer streets; limited access to Woolridge and Otterdale Roads and a grid of connecting streets within the development; alleys; and modified setbacks with buildings closer to the street so that people can get to know their neighbors better. He stated two or three existing ponds will be incorporated into the development, and a linear park will be located along the entire north side of the property. He further stated the development will include architectural variety, and at least 100 homes will have front loaded garages that will be set back 20 feet from the main structure. He stated the existing barn and riding stable will be enhanced and incorporated into the development. He noted the retail and professional space is oriented inward with required buffers along Woolridge Road. He stated the developer has provided for open space at the entrance, and the buffer strip acreage combined with the entrance space is well in excess of the 0.75 acres staff requires for a focal point. He stated the developer has agreed to pay the full cash proffer and will be providing the transportation portion of the cash proffer up front. He noted the developer will also provide shoulders, widening and other road improvements in addition to the cash proffers and will phase high traffic commercial development after 2008 to allow for road improvements. He stated the applicant has crafted a first- class community while addressing neighborhood concerns and requested the Board's approval of the development. Hr. Barber called for public comment. Hr. Ted Lushch, a Hoseley resident, stated the Board deferred the Glen Abbey Partners case until August 24, 2005 for additional time to finalize the Upper Swift Creek Plan. He further stated the proposed development borders the Glen Abbey property and requested that this case be deferred until August 24tn and heard at the same time as the Glen Abbey case. 05-428 05/25/O5 Mr. David Webb, President of the Fox Fire Homeowners Association, requested that the Board defer the request for 90 days to coincide with the Glen Abbey case. He stated, although the proposed development is well laid out, citizens must oppose it because of the lack of adequate infrastructure due to the cumulative impact of this development and previously approved developments. He expressed concerns relative to significant traffic increases on Woolridge Road and that the gap between providing infrastructure and the pace of new development keeps widening. Mr. Greg Blake, a Foxcroft resident, expressed concerns relative to overcrowding of schools and additional traffic in the area of the proposed development. He stated development is outpacing school infrastructural needs. He noted the Upper Swift Creek Plan is currently being revised, and requested that the Board either defer or deny the requests. Ms. Kitty Snow expressed concerns relative to dangerous conditions of Otterdale, Genito and Woolridge Roads. She stated the proposed development will increase traffic by over 6,000 trips daily on Otterdale and Woolridge Roads. She requested that the Board deny the case or at least defer it. Ms. Mandy Wilson requested that roads and schools be provided before any additional development is approved for the area. Mr. Roger Dick, a long-time resident of Woolridge Road, stated the collector road currently under construction will relieve traffic on Woolridge Road. He further stated the developer has shown a great sensitivity to the needs of the community in trying to address residents' concerns. He stated the equestrian trails will provide a natural buffer and help protect the environment.. He noted it will take five years to develop the property and requested that the Board consider the property rights of individuals and approve the proposed development. Mr. Tom Thomas, owner of Wintergate Farm, stated he supports the development because his horse facility will be upgraded and will remain on the property. He further stated the addition of horse trails will make this the nicest horse facility in the region and urged the Board to approve the request. Ms. Marleen Durfee, representing the Task Force for Responsible Growth, provided Board members with a letter regarding the deferral policy instituted February 11, 12004 and requested a response from the county to the issues raised. She noted that Mr. Bass, Matoaca District Planning Commissioner, recommended denial of the proposed development. She stated, although she appreciates safe streets inside the development, she is looking for safe streets outside of the development. She expressed concerns relative to increased traffic accidents and injuries on Woolridge, Otterdale and Hull Street Roads. She stated she is bothered by the cumulative effect of developments in this area, and expressed concerns that Woolridge Road will not be widened until at least 2017. She further stated the proposed development will provide a green light for Magnolia Green with the extension of water and sewer. She stated proffers and densities should not be the only two things looked at in determining whether a development is appropriate. She requested that the Board 05-~29 05/2,5/05 defer the request consistent with the deferral policy instituted February 11, 2004 and send a message to the citizens that the Board is willing to talk about growth management in an area that needs it the most. There being no one else to speak to the request, the public hearing was closed. Mr. Scherzer stated the parallel road currently under construction and the transportation cash proffer being offered up front by this developer will assist in addressing transportation issues in the area. He further stated the proposed development will not stimulate development in Magnolia Green, indicating that a water line design already exists on the Woolridge Road side of Magnolia Green, as well as easements and a sewer line design on the other side of the creek. He stated he sees the proposed development as incremental growth and does not see the logic in a revised Upper Swift Creek Plan making any difference when it comes to infill development. He further stated this request was filed prior to the Board's deferral policy and requested that the Board approve the case and establish a standard for future development to adhere to. Mr. Barber stated the applicant has provided a number of positives, including a new urbanism design; a number of amenities, including preservation and incorporation of a horse farm into the development; and a full cash proffer, including a transportation proffer up front, which will assist with road construction in the area. He further stated he believes the proposed development represents all the facets of smart growth. He stated, although a land use plan may be under revision, it is not uncommon or unwise to refer to the current land use plan when reviewing zoning requests. He further stated he is pleased with the fact that even those who oppose the case are appreciative of its merits. Mr. Miller stated this is an excellent planned case, but he would rather be in a position to support it after having the benefit of the Upper Swift Creek Plan revision. He noted there are incremental issues developing all over the county and stated it is not good planning to selectively approve or deny zoning requests. Mr. King stated, although he agrees with Mr. Miller that there is going to be a time when the Board will need to look at the critical mass and the problems with infrastructure, he has always supported property rights. He further stated he will support a deferral if Mrs. Humphrey chooses to do so. Mrs. Humphrey stated the review of this zoning request began well over 18 months ago, indicating that she appreciates the applicant taking his time and working with the needs of the community. She further stated this is the most exceptional zoning case she has seen in the past ten years. She expressed appreciation to the applicant for offering the transportation cash proffer up front and keeping the rural character by maintaining the horse barn, open pasture and fields. She stated she has had discussions with the applicant regarding the possibility of a middle school site on this property and needs additional time to continue the discussion. 05-430 O5/25/05 Mrs. Humphrey then made a motion for the Board to defer Case 04SN0207 until July 27, 2005. In response to Mr. Micas's question, Mrs. Humphrey stated she wants the public hearing for Case 04SN0207 to remain closed. Discussion ensued relative to acceptance of amended Proffered Condition 3, which was submitted after the Planning Commission's hearing of the case. On motion of Mrs. Humphrey, seconded by Mr. King, the Board suspended its rules at this time to allow for acceptance of amended Proffered Condition 3. Ayes: Barber, King, Humphrey and Miller. Nays: None. Absent: Warren. Mr. King seconded the earlier motion of Mrs. Humphrey for the Board to defer consideration of Case 0,~SN0207 until July 27, 2005. In response to Mr. Barber's question, Mr. Micas stated modifications could still be made to tlne case during the 60- day deferral period. Mr. Barber then called for a vote on the motion of ]Hrs. Humphrey, seconded by Mr. King, for the Board to defer consideration of Case 04SN0207 until July 27, 2005. Ayes: Barber, King, Humphrey and Miller. Nays: None. Absent: Warren. Mr. Barber requested a five-minute recess. Reconvening: 16. PUBLIC HEARINGS 16.A. TO CONSIDER AN ORDINANCE DIVIDING DEER RUN VOTING PRECINCT IN THE MATOACA DISTRICT INTO TWO PRECINCTS AND CHANGING THE POLLING PLACE FOR WINTERPOCK VOTING PRECINCT IN THE MATOACA DISTRICT Mr. Haake stated this date and time has been advertised for a public hearing for the Board to consider and ordinance dividing Deer Run Voting Precinct in Matoaca District into two precincts and changing the polling place for Winterpock Voting Precinct from the Winterpock Fire Station to Bethia United Methodist Church. Mr. Barber called for public comment. No one came forward to speak to the ordinance. On motion of Mrs. Humphrey, seconded by Mr. King, the Board adopted the following ordinance: 05-431 05/25/05 AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING AND RE-ENACTING SECTION 7-3 RELATING TO PRECINCT BOUNDARIES AND POLLING PLACES BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Section 7-3 of the Code of the County of Chesterfield, 1997, as amended, is amended and re-enacted to read as follows: Sec. 7-3. Precinct boundaries and polling places. The following shall be the precinct boundaries and polling places for magisterial districts in the county: DEER RUN VOTING PRECINCT (302): Beginning at the point where the center line of Baldwin Creek Road (State Route 730} intersects the center line of U.S. Route 360 (Hull Street Road); thence eastward along the center line of U.S. Route 360 (Hull Street Road) to its intersection with Swift Creek; thence southward along the center line of Swift Creek to its intersection with Spring Run Creek; thence along the center line of Spring Run Creek as it meanders southward to its intersection with North Spring Run Road (State Route 654); thence westward along the center line of North Spring Run Road to its intersection with McEnnally Road; thence westward along the center line of McEnnally Road to its intersection with Winterpock Road; thence southward along the center line of Winterpock Road to its intersection with Beach Road; thence westward along the center line of Beach Road (State Route 655) to its intersection with Baldwin Creek Road (State Route 730); thence northward along the center line of Baldwin Creek Road (State Route 730) to its intersection with U.S. Route 360 (Hull Street Road), the point and place of beginning. The voting place for Deer Run Voting Precinct shall be Clover Hill Library, 6701 Deer Run Drive. BIRKDALE VOTING PRECINCT (317) Beginning at the point where the center line of North Spring Run Road (State Route 654) intersects the center line of McEnnally Road; thence southeastwardly along the center line of North Spring Run Road (State Route 654) to its intersection with Spring Run Road {State Route 662); thence eastwardly along the center line of Spring Run Road (State Route 662) to its intersection with Hensley Road (State Route 659); thence southwestwardly along the center line of Hensley Road (State Route 659) to its intersection with Beach Road (State Route 655); thence westward along the center line of Beach Road (State Route 655) to its intersection with Winterpock Road; thence north along the center line of Winterpock Road to its intersection with McEnnally Road; thence eastwardly along the center line of McEnnally Road to its intersection with North Spring Run Road, the point and place of beginning. The voting place for Birkdale Voting Precinct shall be Spring Run Elementary School, 13901 Spring Run Road. 05-432 O5/25/O5 WINTERPOCK VOTING PRECINCT (306): Beginning at the point where the center line of U.S. Route 360 (Hull Street Road) intersects the boundary line between the County of Chesterfield and the County of Amelia as said boundary line follows the Appomattox River in a southeastwardly direction to its intersection with the western line of Nooning Creek as flooded by Lake Chesdin; thence northwardly along the western line of Nooning Creek continuing along the center line of said creek to its intersection with the southwestern boundary line of census block 1007034014; thence in a northwardly direction along said boundary line to its intersection with Second Branch Road (State Route 653); thence northwardly along the center line of Second Branch Road (State Route 653) to its intersection with Beach Road (State Route 655); thence westward along the center line of Beach Road (State Route 655) to its intersection with Baldwin Creek Road (State Route 730); thence northwardly along the center line of Baldwin Creek Road (State Route 730) to its intersection with U.S. Route 360 (Hull Street Road); thence westward along the center line of U.S. Route 360 (Hull Street Road) to its intersection with the boundary line between the County of Chesterfield and the County of Amelia, the point and place of beginning. The voting place for Winterpock Voting Precinct shall be Bethia United Methodist Church, 10700 Winterpock Road. (2) That this ordinance shall become effective immediately upon adoption. Ayes: Barber, King, Humphrey and Miller. Nays: None. Absent: Warren. 16.B. TO CONSIDER AN ORDINANCE TO ESTABLISH THE ~BECKHAM DRIVE SEWER ASSESSMENT DISTRICT" FOR FOUR LOTS IN ¶~HE EN~LEWOOD SUBDIVISION Mr. Stith stated this date and time has been advertised for a public hearing for the Board to consider an ordinance to establish the ~Beckham Drive Sewer Assessment District" for four lots in the Englewood Subdivision. Mr. Barber called for public comment. Ms. Katherine Harwell, a resident of Beckham Drive, stated she replaced her septic system in 2000 and has had no issues since the new system was installed. She further stated the Englewood Sewer Assessment District approved in 2003 excluded her property and the other three properties proposed for the Beckham Drive Sewer Assessment District because it was deemed that it was not feasible to extend the line this far. She stated the situation has not changed and noted that the new distric~ will require the relocation of a water line and there will be less than the normal amount of minimal ground cover over a sewer line. She stated she is the only one of the four residents who does not support the district and expressed concerns that the stipulation for 70 percent support is unfair with such a small number of properties 05-433 05/2~5/05 involved. She referenced a section of the county code which requires Health Department certification that a significant portion of the homes in the area to be served have experienced well or septic system failure prior to Board of Supervisors' approval of an extension to serve a developed area. She further stated it is far more cost effective to replace a septic system than to incur the expense of an assessment district, indicating that she strongly opposes creation of the district. Mr. Robert Andes stated his family has owned property on Beckham Drive for 47 years and has had septic system problems the entire time. He noted that three out of four residents support the assessment district. In response to Mr. Barber's question, Mr. Bryant stated the portion of the county ordinance referred to by Ms. Harwell does not apply to assessment districts where the owners pay for installation of the facility, but goes back to when the Utilities Department funded extensions when the Health Department deemed there was a need. Mr. Micas confirmed that the ordinance referred to by Ms. Harwell referred to situations in which the Board, at county expense, extended lines. He further stated, under separate state law, the Board can impose an assessment district for any reason or no reason. Mr. Barber inquired whether any of the four properties are in eminent danger of septic system failure. Mr. Bryant stated it is his understanding that at least one of the properties could be in danger. He further stated these four properties were not included in the Englewood Sewer Assessment District because it did not appear they could be served by the extension upon review of preliminary engineering plans because the line would be too shallow. He stated, by using a different type of pipe for the extension, the cover will be reduced to an acceptable level. He further stated the cost incurred by these four residents will be approximately $500 less than the cost incurred by the Englewood Assessment residents. In response to Mr. Miller's question, Mr. Bryant stated there is not a minimum number of homes required to establish an assessment district. Discussion ensued relative to other options and the expense involved for the residents to replace their septic systems. In response to Mr. Barber's question, Mr. Bryant stated there would be no way to provide a sewer assessment district for the other three properties without including Ms. Harwell's property. Both Mr. King and Mr. Miller inquired about the possibility of the other residents replacing their septic systems like Ms. Harwell did. Mr. Barber stated the neighbors have weighed their other options. He further stated two septic fields were not required at the time this subdivision was developed. He stated, as younger families are moving into older 05-43~ 05/25/05 neighborhoods, septic systems are being taxed beyond what they can handle. He noted that, although the cost for an assessment district is more expensive than a replacement system, the interest rate is very low and spread over 20 years. He stated, although Ms. Harwell has a relatively new septic system, her property value will be impacted by the failing septic systems of her neighbors. He stated he sees no hardship in deferring the public hearing for 30 days and determining whether the other property owners have the option of replacing their septic systems. No one else came forward to speak to the issue. Mr. Miller expressed concerns relative to the assessment district being punitive to Ms. Harwell. Mr. Barber made a motion, seconded by Mr. King, for the Board to defer the public hearing to consider an ordinance, to establish the Beckham Drive Sewer Assessment District until June 22, 2005. Ayes: Barber, King, Humphrey and Miller. Nays: None. Absent: Warren. 16.C. TO CONSIDER APPROPRIATION OF ADDITIONAL FUNDS AND APPROVAL OF CONSTRUCTION CONTRACT FOR RAYON PARK WASTEWATER iMPROVEMENTS PROJECT Mr. Stith stated this date and time has been advertised for a public hearing for the Board to consider appropriation of additional funds and approval of a construction contract for the Rayon Park Wastewater Improvements Project. Mr. Barber called for public comment. No one came forward to speak to the issue. On motion of Mr. King, seconded by Mr. Miller, the Board appropriated $800,000 in additional funds from the Utilities sewer balance to 5P-58350-000225E; authorized staff to recommend annual Community Development Block Grant reimbursement of funds in incremental amounts of $132,000; awarded a construction contract for the Rayon Park Wastewater Improvements to R. J. Smith Construction, Incorporated in the amount of $1,730,391; and authorized the County Administrator to execute all necessary documents. Ayes: Barber, King, Humphrey and Miller. Nays: None. Absent: Warren. 16.D. TO CONSIDER THE RESTRICTION OF THROUGH TRUCK TRAFFIC ON FOX CLUB PARKWAY AND FOX CLUB ROAD Mr. Stith stated this date and time has been advertised for a public hearing for the Board to consider the restriction of through truck traffic on Fox Club Parkway and Fox Club Road. Mr. Barber called for public comment. 05-~35 05/25/05 Mr. Greg Blake, President of the Foxcroft Homeowners Association Board of Directors, also representing Fox Fire Homeowners Association, stated he supports the restriction of through truck traffic on Fox Club Parkway and Fox Club Road, as well as a four-way stop at the intersections of Fox Club Parkway and what was formerly known as Village Square Parkway, which he understands the county's Transportation Department has requested and the Virginia Department of Transportation has agreed to install. He referenced an independent traffic safety analysis, funded by the residents of Foxcroft and Fox Fire, that has been provided to the county and requested that the recommended proposals be studied in detail and a response provided to the residents who financed the study. Ms. Mandy Wilson stated she believes this is a move in the right direction and requested the Board's support of restricting through truck traffic on Fox Club Parkway and Fox Club Road. There being no one else to speak to the issue, the public hearing was closed. In response to Mr. Barber's question, Mr. McCracken stated the extension of the planned east/west road from the school to Otterdale Road will depend upon future development. He further stated there have been some discussions with potential developers regarding the extension. On motion of Mrs. Humphrey, seconded by Mr. King, the Board adopted the following resolution: WHEREAS, the Chesterfield County Board of Supervisors received a request to restrict any through truck or truck and trailer or semi-trailer combination except pickup or panel trucks from using Fox Club Parkway and Fox Club Road between Route 360 and Woolridge Road; and WHEREAS, the recommended alternate route is Route 360, Otterdale Road, and Woolridge Road; and WHEREAS, the Board has conducted a public hearing on the restriction. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors requests the Virginia Department of Transportation to restrict through truck traffic on Fox Club Parkway and Fox Club Road between Route 360 and Woolridge Road. Ayes: Barber, King, Humphrey and Miller. Nays: None. Absent: Warren. 16.E. TO CONSIDER LEASE OF SPACE IN FIRE STATION 15 LOCATED AT 7300 AIRFIELD DRIVE TO PETROLEUM HELICOPTERS, INCOP~PORATED FOR EMERGENCY MEDICAL TRANSPORT SERVICE Mr. Pitaro stated this date and time has been advertised for a public hearing for the Board to consider lease of space in Fire Station 15 to Petroleum Helicopters, Incorporated for emergency medical transport service. 05-436 O5/25/O5 Mr. Barber called for public comment. No one came forward to speak to the issue. On motion of Mr. Miller, seconded by Mrs. Humphrey, the Board approved the lease of space in Fire Station 15 located at 7300 Airfield Drive to Petroleum Helicopters, Incorporated for emergency medical facility-to-facility transport service. (It is noted a copy of the lease .is filed with the papers of this Board.) Ayes: Barber, King, Humphrey and Miller. Nays: None. Absent: Warren. 16.F. TO CONSIDER THE APPROPRIATION OF FEDERAL AND STATE FUNDS FOR VARIOUS SOCIAL SERVICE PROGRAMS Mr. Hammer stated this date and time has been advertised for a public hearing for the Board to consider the appropriation of $1,172,075 in federal and state funds for various social service programs. Mr. Barber called for public comment. No one came forward to speak to the issue. In response to Mr. Barber's question, Mr. Hammer stated this funding was not anticipated and actually meets the demand needs of the Social Services Department based upon their current expenditures. He further stated the state did not project the level of day care, foster care and adoption expenses that the county incurred this year. On motion of Mr. Barber, seconded by Mr. Miller, the Board appropriated $1,172,075 in federal and state funds for various social service programs. Ayes: Nays: Absent: Barber, King, Humphrey and Miller. None. Warren. 16.G. TO CONSIDER THE DONATION OF 21.9 ACRES, MORE OR LESS, AT THE COURTHOUSE COMPLEX TO THE HEALTH CENTER COMMISSION FOR THE COUNTY OF CHESTERFIELD Mr. Hammer stated this date and time has been advertised for a public hearing for the Board to consider the conveyance of 21.9 acres, more or less, of county property at the Courthouse Complex to the Health Center Commission. He further stated the Health Center Commission is concerned that the consideration price of the acreage was not originally contemplated and would like additional time to work 'with Board members and defer the issue until June 22, 2005 after the public hearing has been closed. Mr. Barber called for public conm~ent. Ms. Carol Crosby, Chair of the Health Center Commission, thanked the Board for its recent zoning approval of the Lucy 05-437 05/25/05 Corr project and requested the Board's support of the donation of the adjacent 22 acres of land for expansion of the facility's long-term care community. She stated in 1993, the Board of Supervisors created the Health Center Commission for the purpose of operating the nursing home while plans were underway for construction of the new health care center and assisted living apartments. She further stated, at that time, the newly created Health Center Commission asked for the entire parcel of land now bounded by Courthouse Road, Courts Complex Road, Government Center Parkway and Lucy Corr Boulevard. She stated, although the Board did not choose to convey the entire parcel at that time, the land on which the original and new building are located was donated to the Commission and it was understood that the remaining land was set aside for the Commission's future use. She further stated in November 2002, the Health Center Commission, with participation from county officials, developed a five-year strategic plan for Lucy Corr Village to strengthen its financial viability so that it would no longer have to rely on county subsidies. She stated the plan included expansion of services to offer a full continuing care for county senior citizens in a campus environment, noting that the expansion would address many of the needs identified in the Committee on the Future's report on aging. She further stated the Health Center Commission supported the amendment to the Central Area Plan in 2004 provided it would not interfere with the Commission's plan for expanding Lucy Corr Village. She stated that, until last month, neither the Board nor County Administration has communicated any intent to charge the commission, a public entity of the county, for the land. She stated the commission has agreed to a number of proffers for the proposed development, including a significant cash proffer approximated at $700,000, which was also unanticipated and has had some impact on the projected pricing of Lucy Corr Village's services. She expressed concerns relative to the significant impact of the suggested $50,000 per acre cost to the project, which was intended to be affordable for a middle-income population. She stated a reduced market for the proposed services and lower debt service coverage ratios would impact the Commission's ability to sell bonds to support the project. She further stated the project will add to the county's base of new construction, provide additional jobs and increase the tax base. She requested that the Board carefully consider a positive vote for the donation of land for the Lucy Corr Village expansion project, which would be a vote for support of the Commission created by the Board to operate the facility. She stated if the Board cannot support the donation of the property, then the Commission is requesting a deferral of the issue. Mr. Sonny Currin referenced the Meadowville and Cloverleaf Mall projects that the county is involved in, which could also be viewed as unfair competition with free enterprise. He stated his mother has been well cared for at Lucy Corr Village for 14 years, and requested that the Board donate the property to the Health Center Commission. There being no one else to speak to the issue, the public hearing was closed. In response to Mr. Miller's questions, Mr. Ramsey stated the appraised value of the property is between $102,000 and $137,000 per acre. He further stated, the Health Center 05-438 05/25/05 Commission provided a plan to bring other private medical facilities to Lucy Corr Village that would generate business and increase the county's tax base, and the Public Facilities Plan set aside the subject property for this type of use. He stated he does not believe it was designated whether the land was to be donated because it was anticipated at that time that private facilities would be constructed on the property. Mr. Miller inquired whether any moral or legal commitments were made for the county to donate the property to the Health Center Commission. Mr. Ramsey stated he was not aware of any such commitments. In response to Mr. Miller's questions, Mr. Ramsey stated he does not know how the county acquired the property. In response to Mr. Miller's question, Mr. Micas stated bond attorneys and underwriters have indicated that any requirement for the nursing home to pay the county back for the value of the land upon conveyance or resale, or upon default, would jeopardize the financials for their bond issue, and they were unwilling to agree to that. Mr. Miller expressed concerns relative to the Board not being good stewards of the public trust ill the county were to donate 21.9 acres of taxpayers' assets to the Health Center Commission. He stated he believes a discounted price of $50,000 per acre is a substantially generous offer by the county. He further stated he does not believe donation of the property to the Health Center Commission is in the best interest of the county. Mr. King stated he appreciates the Board allowing the Health Center Commission to come forward with a proposal for future development. He further stated, because the property is located in the Dale District, he will support Mr. Miller's decision regarding conveyance of the property. Mrs. Humphrey stated because of the partnership that exists between the Board and the Health Center Commission, she believes the Board should grant the deferral requested by Ms. Crosby. In response to Mrs. Humphrey's question, Mr. Ramsey stated staff's attempt to acquire a provision for the Health Center Commission to pay the county for the land if there was a sale or default was unsuccessful. Mr. Micas stated underwriters have indicated that they felt a repayment requirement would make the bond issue too risky or uneconomic, but staff will investigate whether other provisions can be arranged, if the Board desires. Mr. Barber inquired whether the county could donate a portion of the property initially with the understanding that, after the first phase of the development and increased cash flow for the Health Center Commission, the remainder of the property would be purchased. Ms. Leigh Robbins, Acting Executive Director of Lucy Corr Village, stated the plans call for two phases of the project, both of which are proposed for the same acreage. She 05-439 05/25/05 suggested a further reduction in the cost of the property, indicating this could still meet the bonding requirements and perhaps be acceptable to the Health Center Commission. In response to Mr. Miller's question, Ms. Robbins stated additional time is necessary to determine a purchase price necessary to make the project feasible. Mr. Miller stated he believes the discounted cost of $50,000 per acre is very generous, since the county would still be donating approximately $1.5 million in property value to the Health Center Commission. Mr. King stated he would support a deferral. Mr. Miller stated he has no problems with a deferral. Mr. Miller made a motion, seconded by Mr. King, for the Board to defer consideration of the conveyance of 21.9 acres, more or less, at the Courthouse Complex to the Health Center Commission for the County of Chesterfield. Discussion ensued relative to the length of deferral time and whether to keep the public hearing closed. It was generally agreed that the public hearing would remain closed and the issue be deferred until June 22, 2005. Mr. Barber called for a vote on the motion of Mr. Miller, seconded by Mr. King, for the Board to defer consideration of the conveyance of 21.9 acres, more or less, at the Courthouse Complex to the Health Center Commission for the County of Chesterfield until June 22, 2005. Ayes: Barber, King, Humphrey and Miller. Nays: None. Absent: Warren. On motion of Mr. Miller, seconded by Mrs. Humphrey, the Board suspended its rules at this time to consider agenda items after 11:00 p.m. Ayes: Barber, King, Humphrey and Miller. Nays: None. Absent: Warren. 16.H. TO CONSIDER AN ORDINANCE TO VACATE A SIXTEEN-FOOT DRAINAGE EASEMENT ACROSS LOT 23, GREENBRIAR SUBDIVISION, SECTION i Mr. Stith stated this date and time has been advertised for a public hearing for the Board to consider an ordinance to vacate a 16-foot drainage easement across Lot 23, Greenbriar, Section 1. Mr. Barber called for public comment. No one came forward to speak to the ordinance. On motion of Mr. King, seconded by Mr. Miller, the Board adopted the following ordinance: 05-440 05/25/05 AN ORDINANCE whereby the COUNTY OF CHESTERFIELD, VIRGINIA, ("GRANTOR") vacates to PROSPECT HOMES OF RICHMOND, INC., a Virginia Corporation, ("GRANTEE"), a 16' drainage easement across Lot 23, Greenbriar Subdivision, Section 1, 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 1.44, at ?ages 71- 73. WHEREAS, PROSPECT HOMES OF RICHMOND, INC, petitioned the Board of Supervisors of Chesterfield County, Virginia. to vacate a 16' drainage easement across Lot 23, Greenbriar Subdivision, Section 1, 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 144, Pages 71-73, by TIMMONS GROUP, dated MAY 21, 2004. The easement petitioned to be vacated is more fully described as follows: A 16' drainage easement, across Lot 23, Greenbriar Subdivision, Section 1, the location of which is more fully shown on a plat made by TIMMONS GROUP, dated FEBRUARY 22, 2005, 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, !950~ as amended, by advertising; and, WHEREAS, no public necessity exists for the continuance of the easement sought to be vacated. NOW THEREFORE, BE IT ORDAINED BY THE SUPERVISORS OF CHESTERFIELD COUNTY, VIRGINIA: BOARD OF That pursuant to Section 15.2-2272 of the Code of Virginia, 1950, as amended, the aforesaid easement be and is hereby vacated. This Ordinance shall be in full force and effect in accordance with Section 15.2-2272 of the Code of Virginia, 1950, as amended, and a certified copy of this Ordinance, together with the plat attached hereto shall be recorded no sooner than thirty days hereafter in the Clerk's Office of the Circuit Court of Chesterfield County, Virginia pursuant to Section 15.2-2276 of the Code of Virginia, 1950, as amended. The effect of this Ordinance pursuant to Section 15.2- 2274 is to destroy the force and effect of the recording of the portion of the plat vacated. This Ordinance shall 'vest fee simple title of the easement hereby vacated in the property owner of Lot 23, within Greenbriar Subdivision, Section 1 free and clear of any rights ~of public use. Accordingly, this Ordinance shall be indexed in the names of the COUNTY OF CHESTERFIELD as GRANTOR, and PROSPECT HOMES OF RICHMOND, INC., a Virginia corporation, or its successors in title, as GRANTEE. Ayes: Barber, King, Humphrey and Miller. Nays: None. Absent: Warren. 05-441 05/25/05 16.I. TO CONSIDER AN ORDINANCE TO VACATE PORTIONS OF COALFIELD ROAD AND CENTER POINTE PARKWAY WITHIN ~CENTERPOINTE PARKWAY PHASE ONE AND ADDITIONAL RIGHT OF WAY ON COALFIELD ROAD" Mr. Stith stated this date and time has been advertised for a public hearing to consider an ordinance to vacate portions of Coalfield Road and Center Pointe Parkway within "Centerpointe Parkway Phase One and additional right of way on Coalfield Road." Mr. Barber called for public comment. No one came forward to speak to the ordinance. On motion of Mrs. Humphrey, seconded Mr. King, the Board adopted the following ordinance to vacate portions of Coalfield Road and Center Pointe Parkway within ~Centerpointe Parkway Phase One and additional right of way on Coalfield Road," as shown on the plat filed with the papers of this Board: AN ORDINANCE whereby the COUNTY OF CHESTERFIELD, VIRGINIA, ("GRANTOR") vacates to GC REAL ESTATE CORPORATION, a Virginia corporation, and RIVERSTONE PROPERTIES, LLC, a Virginia limited liability company, ("GRANTEE"), portions of a County right of way known as Coalfield Road within ~CENTERPOINTE PARKWAY PHASE ONE AND ADDITIONAL RIGHT OF WAY ON COALFIELD ROAD", 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 73, at Page 29. WHEREAS, CCA INDUSTRIES, INC., petitioned the Board of Supervisors of Chesterfield County, Virginia to vacate portions of a County right of way known as Coalfield Road within ~CENTERPOINTE PARKWAY PHASE ONE AND ADDITIONAL RIGHT OF WAY ON COALFIELD ROAD", 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 73, Page 29, by J. K. TIMMONS & ASSOCIATES, P.C., dated MAY 14, 1990. The portions of right of way petitioned to be vacated are more fully described as follows: Portions of a County right of way known as Coalfield Road within "CENTERPOINTE PARKWAY PHASE ONE AND ADDITIONAL RIGHT OF WAY ON COALFIELD ROAD", the locations of which are more fully shown as Parcel KD", containing 0.075 acres, and Parcel "E", containing 0.312 acres, on a plat made by POTTS, MINTER AND ASSOCIATES, P.C., dated APRIL 30, 2003, and revised APRIL 14, 2004, MAY 18, 2004 and MAY 11, 2005, 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, 05-442 05/25/05 WHEREAS, no public necessity exists for the continuance of the portions of right of way sought to be vacated. NOW THEREFORE, BE IT ORDAINED BY THE SUPERVISORS OF CHESTERFIELD COUNTY, VIRGINIA: BOARD OF That pursuant to Section 15.2-2272 of the Code of Virginia, 1950, as amended, the aforesaid portions of right of way be and are hereby vacated. This Ordinance shall be in full force and effect in accordance with Section 15.2-2272 of the Code of Virginia, 1950, as amended~ and a certified copy of this Ordinance, 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 Parcel "D" in RIVERSTONE PROPERTIES, LLC, a Virginia limited liability company, and Parcel "E" in GC REAL ESTATE CORPORATION, a Virginia corporation free and clear of any rights of public use. Accordingly, this Ordinance shall be indexed in the names of the COUNTY OF CHESTERFIELD as GRANTOR, and GC REAL ESTATE CORPORATION, a Virginia corporation, and RIVERSTONE PROPERTIES, LLC, a Virginia limited ].iability company, or their successors in title, as GRANTEE. Ayes: Barber, King, Humphrey and Miller. Nays: None. Absent: Warren. 16.J. TO CONSIDER AN ORDINANCE TO VACATE A FIFTY-FOOT UNIMPROVED RIOHT OF WAY KNOWN AS BARK TRAIL WITHIN ARROWHEAD, SECTION 2 Mr. Stith stated this date and time has been advertised for a public hearing for the Board to consider an ordinance to vacate a 50-foot unimproved right of way known as Bark Trail within Arrowhead, Section 2. Mr. Barber called for public comment~ No one came forward to speak to the ordinance. On motion of Mr. Barber, seconded by Mr. Miller, the Board adopted the following ordinance: AN ORDINANCE whereby the COUNTY OF CHESTERFIELD, VIRGINIA, ("GRANTOR") vacates to JOHN S. ROYER and JOYCE L. ROYER, ("GRANTEE"), a 50' unimproved right of way known as Bark Trail within Arrowhead, Section 2, CLOVER HILL Magisterial District, Chesterfield County, Virginia, as shown on a plat thereof duly recorded in the Clerk's Office of the 05-~43 05/25/05 Circuit Court of Chesterfield County in Plat Book 14, at Page 34. WHEREAS, JOHN S. ROYER and JOYCE L. ROYER, petitioned the Board of Supervisors of Chesterfield County, Virginia to vacate a 50' unimproved right of way known as Bark Trail within Arrowhead, Section 2, CLOVER HILL Magisterial District, Chesterfield County, Virginia more particularly shown on a plat of record in the Clerk's Office of the Circuit Court of said County in Plat Book 14, Page 34, by J. K. TIM~4ONS, dated NOVEMBER 12, 1964 and recorded DECEMBER 2, 1964. The right of way petitioned to be vacated is more fully described as follows: A 50' unimproved right of way known as Bark Trail within Arrowhead, Section 2, the location of which is more fully shown on Exhibit "A" 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 SUPERVISORS OF CHESTERFIELD COUNTY, VIRGINIA: BOARD OF 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. GRANTEE hereby conveys unto GRANTOR and GRANTOR hereby reserves an 8' and variable width easement as shown on the attached plat. 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. Since the portion of right of way within Arrowhead, Section 2 is located on the periphery of the plat, this Ordinance shall vest fee simple title to the right of way hereby vacated in the property owner of Lot 1, Block H, within Arrowhead, Section 2 free and clear of any rights of public use. Accordingly, this Ordinance shall be indexed in the names of the COUNTY OF CHESTERFIELD as GRANTOR, and JOHN S. ROYER and JOYCE L. ROYER, or their successors in title, as GRANTEE. Ayes: Barber, King, Humphrey and Miller. Nays: None. Absent: Warren. 05-444 05/25/05 16.K. TO CONSIDER THE VACATION OF A PORTION OF BATTERY DANTZLER ROAD AND BATTERY DANTZLER COURT Mr. Stith stated this date and time has been advertised for a public hearing for the Board to consider the vacation of a portion of Battery Dantzler Road and Battery Dantzler Court. Mr. Barber called for public comment. No one came forward to speak to the issue. On motion of Mr. King, seconded by Mr. Miller, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute a quitclaim deed to vacate a portion of Battery Dantzler Road and Battery Dantzler Court. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Barber, King, Humphrey and Miller. Nays: None. Absent: Warren. 16.L. TO CONSIDER THE VACATION OF PORTIONS OF COALFIELD ROAD Mr. Stith stated this date and time has been advertised for the Board to consider the vacation of portions of Coalfield Road. Mr. Barber called for public comment. No one came forward to speak to the issue. On motion of Mrs. Humphrey, seconded by' Mr. Miller, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute quitclaim deeds to vacate portions of Coalfield Road to Riverstone Properties, LLC, GC Real Estate Corporation and Commonwealth Foundation for Cancer Research. (It is noted copies of the plats are filed with the papers of this Board.) Ayes: Barber, King, Humphrey and Miller. Nays: None. Absent: Warren. 17. REMAINING MANUFACTURED HOME PERMITS AND ZONING REQUESTS There were no remaining manufactured home permits or zoning requests. 18. ADJOURNMENT On motion of Mr. Barber, seconded by Mr. King, the Board adjourned at 11:13 p.m. until June 22, 2005 at 3:00 p.m. Ayes: Barber, King, Humphrey and Miller. Nays: None. Absent: Warren. ARajnS sYt razor Edward B. Barber Chairman 05-445 05/25/O5