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08-24-2005 Minutes BOARD OF SUPERVISORS MINUTES August 24, 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 Mr. Arthur S. Warren Mr. Lane B. Ramsey County Administrator ..... Staff in Attendance: Colonel Carl R. Baker, Police Department Mr. George Braunstein, Exec. Dir., Community Services Board Mr. Kevin Bruny, Dean, Chesterfield University Dr. Billy Cannaday, Jr., Supt., School Board Ms. Marilyn Cole, Asst. County Administrator Ms. Mary Ann Curtin, Dir., Intergovtl. Relations Mr. Jonathan Davis, Real Estate Assessor Ms. Rebecca Dickson, Dir., Budget and Management Mr. James Dunn, Dir., Economic Development Mr. Robert Eanes, Asst. to the County Administrator Lt. Rick Eggleston, Sheriff's Office Ms. Lisa Elko, CMC, Clerk Mr. Jeff Franklin, Asst. Dir., Utilities Ms. Karla Gerner, Dir., Human Resource Mgmt. Mr. Mike Golden, Dir., Parks and Recreation Mr. Bradford S. Hammer, Deputy Co. Admin., Human Services Mr. John W. Harmon, Right-of-Way Manager Mr. Russell Harris, Mgr. of Community Development Services Mr. H. Edward James, Dir., Purchasing Mr. Donald Kappel, Dir., Public Affairs 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 05-645 08/24/05 Mr. Francis pitaro, Dir., General Services Mr. James J. L. Stegmaier, Deputy Co. Admin., Management Services Mr. M. D. Stith, Jr., Deputy Co. Admin., Community Development Mr. Kirk Turner, Dir., planning Mr. Rick witt, Asst. Building Official -......./ Mr. Barber called the regularly scheduled meeting to order at 3:12 p.m. 1. APPROVAL OF MINUTES FOR JULY 27, 2005 On motion of Mrs. Humphrey, seconded by Mr. Barber, the Board approved the minutes of July 27, 2005, as submitted. Ayes: Barber, King, Humphrey, Miller and Warren. Nays: None. 2. COUNTY ADMINISTRATOR I S COMMENTS 2.A. U.S. FISH AND WILDLIFE SERVICE PRESENTATION Mr. Cyrus Brame with the U. S. Fish and Wildlife Service provided details of recent improvements and upcoming events at the presquile National Wildlife Refuge. He invited Board members and county residents to visit the refuge. He presented a $4,538 check to Mr. Barber, which represents Refuge Revenue Sharing Act payments for use at Presquile. ---' Mr. Barber thanked Mr. Brame for the revenue sharing payment. 2. B. HENRICUS PUBLICK DAY ANNOUNCEMENT Ms. Franda Pedlow, member of the Henricus Foundation Board of Directors, provided details of the events scheduled for "publick Day" at Henricus Historical Park on September 17, 2005. 3 . BOARD COMMITTEE REPORTS Mr. Barber stated he and Mr. Miller hosted a meeting at Cloverleaf Mallon August 18, 2005 relative to cash proffers and other issues. He stated approximately 80 to 100 people attended and provided valuable input. He thanked Mr. Ramse,y ---' and various staff members for their assistance in planning the meeting. Mr. Warren stated he and Mr. Ramsey joined Congressman Forbes on August 10, 2005 at a ribbon cutting ceremony for the new Mobile Command Center. 05-646 08/24/C)5 4. REQUESTS TO POSTPONE ACTION, ADDITIONS, OR CHANGES IN THE ORDER OF PRESENTATION - On motion of Mr. King, seconded by Mr. Warren, the Board replaced Item 8 .B.1., Nominations to the Chesterfield Emergency Planning Commi ttee; replaced Item 8. C. 9. c., Lease of Property for the Office of Comprehensive Services; added Item 8.C.23., Appointment of Additional Agent for the Board of Supervisors Initiated Rezoning of Certain Parcels Located in the 288 Corridor Plan and Amend Certain Parcels Listed in the Original Agenda Item of May 25, 2005; moved Item 9., Hearings of Ci tizens on Unscheduled Matters or Claims, and Item 10., Reports, to be heard prior to Item 8. C., Consent Items; and adopted the Agenda, as amended. Ayes: Barber, King, Humphrey, Miller and Warren. Nays: None. 5. RESOLUTIONS AND SPECIAL RECOGNITIONS 5.A. RECOGNIZING 2005 NACO ACHIEVEMENT AWARD WINNERS Ms. Cole stated that this year Chesterfield County is the recipient of 15 Achievement Awards from the National Association of Counties (NACo), which is the most awards received by any locality in the state. She further stated the Public Affairs Department also received 23 awards from the National Association of County Information Officers (NACIO) . - Mr. Barber, accompanied by Mr. Ramsey, recognized the following recipients and presented them with the 2005 NACo Achievement Awards: Department Project Chesterfield University Talent Management: Building Bench Strength for the Future Community Services Board Medication Groups County Administration Neighbors Recognizing Neighbors - Hurricane Isabel 2004 Bond Referendum Public Information Campaign Economic Development Small Business Development Interactive Guide to Setting Up a Business CD - Fire Department Applied Leadership for Company Officers Domestic Preparedness The International Fire Code - 2000 Edition - Fire Service Features "Determined Promise, 2004" Emergency Operations Plan Exercise 05-647 08/24/05 Human Resource Management. Strategic Career Development Plan Administration Human Services Partnership for Successful Aging Mental Health/Mental Retardation/Substance Abuse Crisis Stabilization Service Planning Growth Analysis Project ,~.. police Department Motorist Assistance Team Utilities Department Creating a Customer Focused Culture Through Benchmarking Mr. Barber and Mr. Ramsey congratulated and commended each department on their recognitions. 5.B. RECOGNIZING SEPTEMBER 2005, .AS "NATIONAL ALCOHOL AND DRUG ADDICTION RECOVERY MONTH" IN CHESTERFIELD COUNTY Mr. Braunstein introduced Mr. Ned Snead, Ms. Kunowsky, Ms. Lynn Sanders and Ms. Nicki Houck, present to receive the resolution. Barbara. who WerE! On motion of the Board, the following resolution was adopted: WHEREAS, substance use disorders are a serious and treatable health problem, and as many as 63 percent of Americans say that addiction to alcohol or other drugs has had an impact on them at some point in their lives, whether: it was the addiction of a friend or family member or another experience, such as their own personal addiction; and ....-.,,/. WHEREAS, assessing our citizens' needs treatment and referring them to appropriate their family members to support services, is step in helping people realize that recovery treatment is effective; and for addiction treatment, and a crucial first: is possible and WHEREAS, barriers to accessing treatment programs that can help heal lives, families, and our community are a significant problem for our neighbors, friends, co-workers, and family members with substance use disorders; and WHEREAS, community members seeking treatment deserve affordable, individualized treatment programs; and WHEREAS, celebrating individuals in recovery and their families, and saluting the health care providers who helped them obtain treatment, educates our community about the benefits of treatment and affirms that such providers deserve adequate compensation for their services; and ........,/ WHEREAS, to help achieve this goal, the Substance Abuse and Ment.al Health Services Administration within the U.S. Department of Health and Human Services; the Whi te Hous~= Office of National Drug Control Policy; and Chesterfield's Community Services Board, Substance liliuse Services program invit:e all residents of Chesterfield to participate in 05-648 08/24/05 National Alcohol and Drug Addiction Recovery Month (Recovery Month) . NOW, THEREFORE BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 24th day of August 2005,publicly recognizes the month of September 2005, as "National Alcohol and Drug Addiction Recovery Month" in Chesterfield County, Virginia and calls upon the citizens of Chesterfield County to observe this month wi th appropriate programs, activities, and ceremonies supporting this year's theme, "Join the Voices for Recovery: Healing Lives, Families, and Communities." AND, BE IT FURTHER RESOLVED that a copy of this resolution be presented to the Chesterfield Community Services Board and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Ayes: Barber, King, Humphrey, Miller and Warren. Nays: None. Mr. Miller presented the executed resolution to Ms. Sanders, accompanied by Mr. Snead, Ms. Kunowsky, Ms. Houck and Mr. Braunstein, and expressed appreciation to the agencies and individuals who provide drug and alcohol treatment services. Ms. Houck expressed appreciation to the Board for recognizing "National Recovery Month" and joining the world in addressing the issue of alcoholism and drug abuse. 6. WORK SESSIONS There were no work sessions at this time. 7. DEFERRED ITEMS There were no deferred items at this time. 8. NEW BUSINESS 8.A. STREETLIGHT INSTALLATION COST APPROVALS - Mr. King stated the Rivers Bend Community Association has made requests on numerous occasions for streetlights, which are very costly to install. He further stated Rivers Bend continues to have streetlight needs and the only way to justify this type of expenditure is to approve one new streetlight every couple of years. Mr. King then made a motion, seconded by Mr. Miller, for the Board to approve the following streetlight installations: Bermuda District · In the Quail O~ks Subdivision, on Brandywine Avenue, vicinity of 9500 on the existing pole Cost to install streetlight: $98.45 05-649 08/24/05 . In the Rivers Bend Subdivision, at the intersection of Rivers Bend Road and Kristen Lane Cost to install streetlight: $5,468.88 Dale District . Bellbrook Drive, vicinity of 4001 on the existing pole Cost to install streetlight: $98.45 . In the Hollymeade subdivision, Lockberry Ridge Loop, vicinity of 9548 Cost to install streE!tlight: ~;17 .32 Ayes: Barber" King, Humphrey, Miller and Warren. Nays: None. 8 . B . APPOINTMENTS On motion of Mrs. Humphrey, seconded by Mr. Warren, the Board suspended its rules at this time to allow for simultaneous nomination/appointment of members to serve on the Parks and Recreation Advisory Commission. Ayes: Barber, King, Humphrey, Miller and Warren. Nays: None. 8.B.l. CHESTERFIELD EMERGENCY PLANNING COMMITTEE On motion of Mr. Miller, seconded by Mr. Warren, the Board nominated the following people to serJe on the Chesterfield Emergency Planning Committee, who will be appointed by the Governor: Ms. Carol Smithson, C,JW Medical Center; Ms. Cindy Shelton, Chesterfield Health Department; Mr. Brian Iverson, Virginia Department of Emergency Management; and Mr. Curt Nellis, Chesterfield Emergency Management. Ayes: Barber, King, Humphrey, Miller and Warren. Nays: None. 8.B.2. PARKS AND RECREATION ADVISORY COMMISSION On motion of Mr. Warren, seconded by Mr. Miller, simul taneously nominated/appointed Mr. ,Jose representing the Clover Hill District, to serve on and Recreation Advisory Commission, whose term is immediately and expires December 31, 2007. the Board Sanchez,. the Parks effective Ayes: Barber, King, Humphrey, Miller and Warren. Nays: None. 9. HEARINGS OF CITIZENS ON UNSCHEDULED MATTERS OR CLAIMS -- o BRENDA L. STEWART HAS REQUESTED THE OPPORTUNITY TO SPEAK TO THE BOARD REGARDING HER BELIEF THAT SECTION 15.2-1416.1 OF THE CODE OF VIRGINIA REQUIRES THE BOARD TO HAVE A LESS "RESTRICTIVE" POLICY REGARDING CITIZEN COMMENTS Ms. Brenda Stewart reques ted to speak stated to the that Board on of July 21, Superv:c sors 2005, she regarding 05-650 08/24/05 noncompliance with published county policies and received a letter on July 25, 2005 from the County Attorney denying her request because she had not provided enough detail. She further stated she responded by asking why the county imposes such detailed restrictions on ci tizens who desire to speak and asked for the county's interpretation of a State Code section regarding expressions by members of the public prior to a governing body's call to order. She stated on July 26, 2005, the County Attorney informed her in writing that she would be scheduled to speak at today's meeting and her topic would be her belief that Section 15.2-1416.1 of the Code of Virginia requires the Board to have a less restrictive policy regarding citizen comments. She further stated her questions were not answered. She provided details of her research regarding the Code section and shared some thoughts expressed by David Hudson, Jr., a First Amendment Center research attorney, relative to speaking at public meetings. She stated other localities in the state do not place restrictions on their citizens' right to speak at public meetings, nor do they require the County Attorney to prescreen the remarks of the citizens. She requested that the Board review the county's requirements for prescreening topics and content on which citizens wish to speak and quickly revise its procedures to permit the freedom of expression invited in the First Amendment. 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 FUNDS AND LEASE PURCHASES 10.C. ROADS ACCEPTED INTO THE STATE SECONDARY SYSTEM On motion of Mr. Miller, seconded by Mr. King, the Board accepted the following reports: a Report on Developer Water and Sewer Contracts; and a Report on the Status of General Fund Balance, Reserve for Future Capital Projects, District Improvement Funds and Lease Purchases. And, further, the following roads were accepted into the State Secondary System: ADDITION LENGTH ASHLEY FOREST, SECTION C, PHASE 2 (Effective 7/18/2005) .- Alderwood Loop (Route 5896) - From 0.05 mile east of Alderwood Court (Route 4558) on Alderwood Way (Route 4595) to 0.07 mile east of Alderwood Way (Route 4595) 0.04 Mi. Alderwood Way (Route 4595) - From 0.03 mile east of Alderwood Court (Route 4558) to 0.05 mile east of Alderwood Court (Route 4558) o . 02 Mi. Alderwood Way (Route 4595) - From Ashley Forest Drive (Route 4595) to Cul-de-sac 0.06 Mi. 05-651 08/24/05 Alderwood Way (Route 4595) - From 0.07 mile east of Alderwood Court (Route 4558) to 0.16 mile east of Alderwood Court (Route 4558) Alderwood Way (Route 459~;) - From 0.05 mile east of Alderwood Court (Route 4558) to 0.07 mile east of Alderwood Court (Route 455:3) Ashley Forest Drive (Route 5897) - From Alderwood Way (Route 4595) to Wellspring Road (Route 4599) HAMPTON PARK DRIVE WEST (Effective 7/18/2005) Hampton Park Drive (Route 5190) - From 0.01 mile west of Hampton Meadows Lane (Route 4645) to 0.05 mile west of Hampton Chase Way (Route 5821) LELAND VILLAGE, SECTION A (Effective 7/18/2005) Alcorn Terrace (Route 5886) - From Alcorn Way (Route 5885) to Cul-de-sac Alcorn Terrace (Route 5886) - From Alcorn Way (Route 5885) to Cul-de-sac Alcorn Way (Route 5885) - From Jeffreys Way (Route 5842) to Alcorn Terrace (Route 5886) Alcorn Way (Route 5885) - From Charter Colony Parkway (Route 950) to Jeffreys Way (Route 5842) Jeffreys Way (Route 5842) - From A.Icorn 1i'Jay (Route 5885) to Cul-de-sac Jeffreys Way (Route 5842) - From A.lcorn 1Ñay (Route 5885) to 0.03 mile south of Alcorn Way (Route 5885) NORTH OTTERDALE ROAD EX'I'ENSION (Effective 7/15/2005) North Otterdale Road (Route 970) - From North Otterdale Road (Route 970) to 0.32 mile west on North Otterdale Road (Route 970) RIDGEMOOR AT THE GROVE, SECTION 1 (Effective 7/18/2005) Ridgemoor Drive (Route ~)890) - From Grove Hill Drive (Route 5471) to End of Maintenance (temp. Cul-de-sac) SCOTTER HILLS AT THE GROVE, SECTION 1 (Effective 7/18/2005) Scotter Hills Drive (Route 5887) -- From Scotter Hills Lane (Route 5888) to 0.05 mile west of Scotter Hills Lane (Route 5888) 05-652 0.09 Mi. o . 02 Mi. 0.04 Mi. o . 3 9 Mi. o . 07 Mi. 0.10 Mi. o . 06 Mi. -" o . 09 Mi. 0.06 Mi. 0.03 Mi. 0.32 Mi. 0.07 Mi. 0.05 Mi.. 08/24/05 Scotter Hills Drive (Route 5887) - From Scotter Hills Drive (Route 5887) to 0.07 mile east of Scotter Hills Drive (Route 5887) Scotter Hills Drive (Route 5887) - From 0.05 mile west of Scotter Hills Drive (Route 5887) to Grove Hill Road (Route 5471) - Scotter Hills Drive (Route 5887) - From 0.05 mile west of Scotter Hills Lane (Route 5888) to 0.05 mile west of Scotter Hills Drive (Route 5887) Scotter Hills Lane (Route 5888) - From North Woolridge Road (Route 668) to Scotter Hills Drive (Route 5887) SHEPHERDS WATCH, SECTION A (Effective 7/18/2005) Hunter Lake Place (Route 5893) - From Hunters Lake Lane (Route 5892) to 0.09 mile west of Hunters Lake Lane (Route 5892), Cul-de-sac Hunters Lake Lane (Route 5892) - From 0.07 mile north of Shepherds Watch Drive (Route 5891) to 0.08 mile north of Shepherds Watch Drive (Route 5891) Hunters Lake Lane (Route 5892) - From Shepherds Watch Drive (Route 5891) to 0.07 mile north of Shepherds Watch Drive (Route 5891) Hunters Lake Turn (Route 5894) - From Hunters Lake Lane (Route 5892) to 0.23 mile east of Hunters Lake Lane (Route 5892), Cul-de-sac Shepherds Watch Drive (Route 5891) - From Newbys Bridge Road (Route 649) to Hunters Lake Lane (Route 5892) Shepherds Watch Drive (Route 5891) - From Hunters Lake Lane (Route 5892) to Cul-de-sac SHEPHERDS WATCH, SECTION B (Effective 7/18/2005) Shepherds Mill Drive (Route 5895) - From Shepherds Watch Drive (Route 5891) to Cul-de-sac, 0.06 mile north of Shepherds Watch Drive (Route 5891) Shepherds Mill Drive (Route 5895) - From Shepherds Watch Drive (Route 5891) to Cul-de-sac, 0.03 mile south of Shepherds Watch Drive (Route 5891) Shepherds Watch Drive (Route 5891) - From 0.02 mile west of Hunters Lake Lane (Route 5892) to Shepherds Mill Drive (Route 5895) TANNER VILLAGE, SECTION B (Effective 7/18/2005) Jeffreys Terrace (Route 5883) - From Jeffreys Way (Route 5842) to 0.06 mile west of Jeffreys Way (Route 5842) 05-653 o . 07 Mi. o . 04 Mi. o . 05 Mi. o . 08 Mi. 0.09 Mi. 0.01 Mi. o . 07 Mi. o . 23 Mi. 0.12 Mi. 0.02 Mi. 0.06 Mi. o . 03 Mi. O. 14 Mi. o . 06 Mi. 08/24/05 TANNER VILLAGE, SECTION B (REMAINDER) (Effective 7/18/2005) Jeffreys Terrace (Route 5883) - From 0.06 mile west of Jeffreys Way (Route 5842) to Cul-de-sac 0.01 Mi. Ayes: Barber, Kingl Humphrey, Miller and Warren. Nays: None. s.c. CONSENT ITEMS 8.C.l. ADOPTION OF RESOLUTIONS 8.C.l.a. RECOGNIZING MRS. LINDA CHEATHAM, SOCIAL SERVICES DEPARTMENT, UPON HER RETIREMENT On motion of Mr. Miller, seconded by Mr. King, the Board adopted the following resolution: WHEREAS, Mrs. Linda Cheatham began her wi th Chesterfield County as an Eligibili ty Department of Social Services in ,June 1982, the county with several years of experience services system; and public service !Ñorker in the having come to In the social WHEREAS, in March 1987, Mrs. Ch(~atham was promoted to Senior Social Worker, and then to Eligibility Supervisor in October 1987; and WHEREAS, Mrs. Cheatham is a graduate of the School of Total Quality Improvement; and WHEREAS, Mrs. Cheatham for two years on the department's Quality Council and participated in the Quality Council Retreat in 2000 wherE~ she worked on the department' s Strategic Plan; and ._' WHEREAS, Mrs. Cheatham worked on the department's web site by providing information on benefit programs; and WHEREAS, developed the Service; and Mrs. Cheatham participated on a workgroup that department's Standards for Quality Customer WHEREAS, Mrs. Cheatham served as a facilitator for the Goal Group that implemented the A'T'&T Language Line and updated the Interpreter Notebook; and WHEREAS, Mrs. Cheatham participated on the Goal Group that developed the customer service phone line and revised the customer survey card; and WHEREAS, Mrs. Cheatham served for several years on the Virginia Department of Social Services Food Stamp Accuracy Commi t tee, helped to plan the annual Food Stamp Accuracy Conferences and assisted in developing the Food Stamp on-line training modules; and WHEREAS, tool used by collected and and Mrs. Cheatham designed the case monitoring eligibili ty supervisors to review cases and reported on the monthly monitoring statistics; WHEREAS, Mrs. Cheatham has served as an Emergency Shelter Manager; and 05-654 08/24/05 WHEREAS, Mrs. Cheatham was instrumental in the implementation and the administration of the Food Stamp Disaster Assistance Program which aided thousands of Chesterfield and Colonial Heights residents that fell victim to Hurricane Isabel; and WHEREAS, Mrs. Cheatham was instrumental in the implementation of the Electronic Benefit Transfer System for the Food Stamp Program; and .- WHEREAS, throughout her career with the department, Mrs. Cheatham has served the most vulnerable citizens of Chesterfield County and the City of Colonial Heights; and WHEREAS, Mrs. Cheatham has been a dedicated and loyal advocate for her staff and the citizens of Chesterfield County and the City of Colonial Heights. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes the outstanding contributions of Mrs. Linda Cheatham, expresses the appreciation of all residents for her service to the county and its congratulations upon her retirement, as well as best wishes for a long and happy retirement. Ayes: Barber, King, Humphrey, Miller and Warren. Nays: None. 8.C.l.b. RECOGNIZING MR. STEPHEN REESE RIDPATH UPON ATTAINING THE RANK OF EAGLE SCOUT .-~ On motion of Mr. Miller, seconded by Mr. King, the Board adopted the following resolution: WHEREAS, the Boy Scouts of America was incorporated by Mr. William D. Boyce on February 8, 1910, and was chartered by Congress in 1916; and WHEREAS, the Boy Scouts of America was founded to build character, provide citizenship training and promote physical fitness; and WHEREAS, after earning at least twenty-one merit badges in a wide variety of skills including leadership, service and outdoor life, serving in a leadership position in a troop, carrying out a service project beneficial to his community, being active in the troop, demonstrating Scout spirit, and living up to the Scout Oath and Law; and WHEREAS, Mr. Stephen Reese Ridpath, Troop 837, sponsored by Chester Baptist Church, has accomplished those high standards of commitment and has reached the long-sought goal of Eagle Scout, which is earned by only four percent of those individuals entering the Scouting movement; and WHEREAS, growing through his experiences in Scouting, learning the lessons of responsible ci ti zenship, and endeavoring to prepare himself for a role as a leader in society, Stephen has distinguished himself as a member of a new generation of prepared young citizens of whom we can all be very proud. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes Mr. Stephen Reese Ridpath, extends congratulations on his attainment of Eagle 05-655 08/24/05 Scout, and acknowledges the good fortune of the county to have such an outstanding young man as its citizens. Ayes: Barber, King, Humphrey, Miller and Warren. Nays: None. 8. C . 2. ACCEPTANCE OF A GRANT AWARDED BY THE DEPARTMENT OF CRIMINAL JUSTICE SERVICES, FUNDS TO FIGHT GANGS IN VIRGINIA PROGRAM On motion of Mr. Miller, seconded by Mr. King, the Board authorized the police Department to accept and appropriate a grant award from the Virginia Department of Criminal Justice Services, Funds to Fight Gangs in Virginia Program, in the amount of $97,998, and authorized the County Administrator to execute all documents. And, further, the Board authorized the creation of one new sworn position for the duration of thE~ grant. (It is noted no local match is required.) Ayes: Barber, King, Humphrey, Miller and Warren. Nays: None. 8. C. 3. REQUEST FOR A MUSIC/ENTERTAINMENT FESTIVAL PERMIT FOR. CHESTERFIELD BERRY FARM ON SATURDAYS AND SUNDAYS BETWEEN SEPTEMBER 24 AND OCTOBER 31, 2005 On motion of Mr. Miller, sE~conded by Mr. King, the Board approved a request for a music/entertainment festival permit for Chesterfield Berry Farm for Saturdays and Sundays between September 24 and October 31, 2005. Ayes: Barber, King, Humphrey, Miller and Warren. Nays: None. 8. C. 4 . AWARD CONSTRUCTION CONTRACT TO JIREH CONSTRUCTION COMPANY, INCORPORATED FOR BEECHWOOD DRAINAGE IMPROVEMENTS On motion of Mr. MilIE~r, sE::!conded by Mr. King, the Board awarded a construction contract, in the amount of $94,350, for the Beechwood Drainage Improvements proj ect to Jireh Construction Company, Incorporated; transferred $100,000 from the Board adopted Capital Improvement Drainage account; and authorized the County Administrator to execute the necessary documents. Ayes: Barber, King, Humphrey, Miller and Warren. Nays: None. 8.C.5. APPROPRIATION OF FUNDS FROM THE VIRGINIA MENTAL HEALTH, MENTAL RETARDATION, AND SUBSTANCE ABUSE SERVICES DEPARTMENT FOR THE CHESTERFIELD COMMUNITY SERVICES BOARD TO CONTRACT WITH A PROVIDER TO ESTABLISH AND MANAGE A REGIONAL CRISIS STABILIZATION AND RESIDENTIAL TREATMENT PROGRAM On motion of Mr. Millt::!r, seconded by Mr. King, the Board accepted and appropriated $458,332 from the State Department of Mental Health, Mental Retardation, and Substance Abuse for 05-656 08/24/05 the Chesterfield Community Services Board to contract with a provider to establish and manage a regional crisis stabilization and residential treatment program. Ayes: Barber, King, Humphrey, Miller and Warren. Nays: None. 8.C.6. AUTHORIZE THE COUNTY ADMINISTRATOR TO RENEW A HEALTH CARE CONTRACT WITH ANTHEM AND EXECUTE A DENTAL CARE CONTRACT WITH DELTA DENTAL PLAN OF VIRGINIA FOR 2006 On motion of Mr. Miller, seconded by Mr. King, the Board authorized the County Administrator to renew its health care contract with Anthem and execute a new contract with Delta Dental Plan of Virginia for 2006. Ayes: Barber, King, Humphrey, Miller and Warren. Nays: None. 8.C.7. APPROVAL OF FY2006 SCHOOL BOARD CAPITAL IMPROVEMENT PLAN - RESERVE FOR SCHOOL CAPITAL IMPROVEMENTS On motion of Mr. Miller, seconded by Mr. King, the Board transferred the FY2006 Reserve for School Capital Improvements, in the amount of $8,025,100 to the School Capital Improvement Fund. Ayes: Barber, King, Humphrey, Miller and Warren. Nays: None. 8.C.8. AWARD OF A CONTRACT TO MOSELEY ARCHITECTS FOR THE PROGRAMMING OF THE SMITH WAGNER BUILDING RENOVATIONS AND ADDITIONS On motion of Mr. Miller, seconded by Mr. King, the Board authorized the County Administrator to execute a contract, in the amount of $181,700, with Moseley Architects for the programming of renovations and additions to the Smith Wagner Building. Ayes: Barber, King, Humphrey, Miller and Warren. Nays: None. 8.C.9. APPROVAL/RENEWAL OF LEASES OF PROPERTY 8.C.9.a. FOR THE OFFICE OF THE CHESTERFIELD/COLONIAL HEIGHTS ADULT DRUG COURT - On motion of Mr. Miller, seconded by Mr. King, the Board approved a lease with Daniel's Rental, for 5782 square feet of office space at 11745 Chester Road, for the Office of the Chesterfield/Colonial Heights Adult Drug Court, and authorized the County Administrator to execute the lease agreement. (It is noted a copy of the vicinity sketch is filed with the papers of this Board.) Ayes: Barber, King, Humphrey, Miller and Warren. Nays: None. 05-657 08/24/05 8.C.9.b. FOR THE OFFICE OF SECURITY AND ENVIRONMENTAL MANAGEMENT On motion of Mr. Miller, seconded by Mr. King, the Board approved a lease with CS Development Company, Incorporated, for 2194 square feet of office space at 9846 Lori Road, Suite 200 for the Office of SE~curity and Environmental Management, and authorized the County Administrator to execute the lease agreement. (It is noted a copy of the vicinity sketch is filed with the papers of this Board.) Ayes: Barber, King, Humphrey, Miller and Warren. Nays: None. 8.C.9.c. FOR THE OFFICE OF COMPREHENSIVE SERVICES On motion of Mr. Miller, seconded by Mr. King, the Board approved a lease with CS Development Company, Incorporated, for 1401 square feet of office space at. 9854 Lori Road, Suite 200 for the Office of Comprehensive Services, and authorized the County Administrator to execute thE~ lease agreement. (It is noted a copy of thE! vicinity sketch is filed with thE~ papers of this Board.) Ayes: Barber, King, Humphrey, Miller and Warren. Nays: None. 8.C.9.d. FOR THE OFFICE OF COMMUNITY CORRECTION SERVICES On motion of Mr. Miller, seconded by Mr. King, the Board approved the renewal of a lease with Krause Road Properties, L. L. C. , for 14,727 square feet of office space at 10111 Krause Road, Suites 100, 101, 102, 104" 201, 202, and 204 for the Office of Communi ty Correction Services, and authorized the County Administrator to execute the lease agreement. (It is noted a copy of the vicinity sketch is filed with the papers of this Board.) Ayes: Barber, King, Humphrey, Miller and Warren. Nays: None. 8.C.l0. STATE ROAD ACCEPTANCE On motion of Mr. Miller, seconded by Mr. King I the Board adopted the following resolution: WHEREAS, the streE~t described bE~low is shown on plats recorded in the Clerk's Office of the Circuit Court of Chesterfield County; and WHEREAS, the Resident Engineer for Department of Transportation has advised street meets the requirements established by Street Requirements of the Virginia Transportation. the Virginia this Board the the Subdivision Department of NOW, THEREFORE, BE IT RESOLVED, that this Board requests the Virginia Department of Transportation to add the street described below to the secondary system of state highways, 05-658 08/24/05 pursuant to Section 33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements. AND, BE IT FURTHER RESOLVED, that a clear and unrestricted right-of-way, necessary easements for cuts, fills and this Board guarantees as described, and any 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. Type Chanae to the Secondary System of State Hiahwavs: Addition Basis for Change: Addition, New subdivision street Statutory Reference: §33.1-229 Project: Rivers Bend, Section 25 . Hogans Place, State Route Number: 5900 From: Hogans Alley, (Rt. 4835) To: Cul-de-sac, a distance ot: 0,10 miles, Right-ot-way record was tiled on 6/28/2002 with the Office Of Clerk To Circuit Court in Pb. 127, Pg, 39, with a width of 50 teet. And, further, the Board adopted the following resolution: ^,....... WHEREAS, the street recorded in the Clerk's Chesterfield County; and described below is shown on plats Office of the Circuit Court of WHEREAS, the Resident Engineer for Department of Transportation has advised street meets the requirements established by Street Requirements of the Virginia Transportation. the Virginia this Board the the Subdivision Department of NOW, THEREFORE, BE IT RESOLVED, that this Board requests the Virginia Department of Transportation to add the street described below to the secondary system of state highways, pursuant to Section 33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements. AND, BE IT FURTHER RESOLVED, that a clear and unrestricted right-of-way, necessary easements for cuts, fills and this Board guarantees as described, and any 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. Tvpe Chanae to the Secondary System of State Hiahwavs: Addition Basis for Change: Addition, Access Project (Industrial, §33.1-221) Statutory Reference: §33.1-229, §33.1-221 Project: Oak Lake Boulevard . Oak Lake Boulevard, State Route Number: 5903 From: Oak Lake Ct., (Rt. 5904) 05-659 08/24/05 To: 0,28 miles NE of Oak Lake Ct., (Rt. 5904), a distance of: 0.28 miles, Right-of-way record was filed on 2/14/2005 with the Office Of Clerk To Circuit Court in Db 4914, Pg. 317, with a width of 80 feet. And, further, the Board adopted the following resolution: WHEREAS, the streets described below are shown on plats recorded in the Clerk's Office of the Circuit Court of Chesterfield County; and WHEREAS, the Resident Engineer for Department of Transportation has advised streets meet the requirements established by Street Requirements of the Virginia Transportation. the virginia this Board the the Subdivision Department of NOW, THEREFORE, BE IT RESOLVED, t.hat 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, ~ode __of Virginia, and the Department's Subdivision Street Req~ire:ments. AND, BE IT FURTHER RESOINED, that a clear and unrestricted right-of-way, necessary easements for cuts, fills and this Board guarantees as described, and any drainage. AND, BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for thE~ Virginia Department of Transportation. Tvoe Chanae to the Secondarv Svstem of State Hiahwan.;. Addition Basis for Change: Addition, New subdivision street Statutory Reference: §33.1-229 Project: Hampton Park, Section 21 · Hampton Green Drive, State Route Number: 5383 From: 0,19 miles W of Hampton Chase Wy" (Rt. 5821) To: Hampton Crossing Dr., (Rt. 5822), a distance 01: 0,01 miles. Right-of-way record was filed on 10/29/2003 with the Office' Of Clerk To Circuit Court in Pb, 138. Pg, 52, with a width of 40 feet · Hampton Green Drive, State Route Number: 5383 From: Hampton Crossing Dr., (Rt. 5822) To: End of maintenance (temporary), a distance of: 0,08 miles, Right-of-way record was filed on 10/29/2003 with the OfficEI Of Clerk To Circuit Court in Pb, 138, Pg, 52, with a width of 40 feet. · Hampton Crossing Drive, State Route Number: 5822 From: Hampton Green Dr" (Rt. Ei383) To: Hampton Crossing Mews, (Rt. 5910), a distance of: 012 miles. Right-of-way record was filed on 10/29/2003 with the Office Of Clerk To Circuit Court in Pb, 1~18, Pg, 52, with a width of 40 feet. 05-660 08/24/05 · Hampton Crossing Mews, State Route Number: 5910 From: Hampton Crossing Dr., (Rt. 5822) To: Cul-de-sac, 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 Pb, 138, Pg, 52, with a width of 40 feet. - · Hampton Crossing Drive, State Route Number: 5822 From: Hampton Crossing Mews, (Rt. 5910) To: 0,04 miles S of Hampton Crossing Mews, (Rt. 5910), 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 Pb, 138, Pg. 52, with a width of 40 feet. And, further, the Board adopted the following resolution: WHEREAS, the streets described below are shown on plats recorded in the Clerk's Office of the Circuit Court of Chesterfield County; and WHEREAS, the Resident Engineer for Department of Transportation has advised streets meet the requirements established by Street Requirements of the Virginia Transportation. the Virginia this Board the the Subdivision 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 a clear and unrestricted right-of-way, necessary easements for cuts, fills and this Board guarantees as described, and any 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. TYDe Chanae to the Secondary SYStem of State Hiahwavs: Addition Basis for Change: Addition, New subdivision street Statutory Reference: §33.1-229 Project: Hampton Park, Section 23 . Hampton Manor Court, State Route Number: 5901 From: Hampton Park Dr., (Rt. 5190) To: Hampton Manor Terr., (At. 5902), a distance of: 0,08 miles, Right-of-way record was filed on 10/25/2003 with the Office Of Clerk To Circuit Court in Pb, 138, Pg. 55, with a width of 40 feet. · Hampton Manor Terrace, State Route Number: 5902 From: Hampton ManorCt., (At. 5901) To: CUl-de-sac, a distance of: 0,04 miles, 05-661 08/24/05 Right-of-way record was filed on 10/25/2003 with the Office Of Clerk To Circuit Court in Pb, 138, Pg, 55, with a width of 40 feet. . Hampton Manor Court, State Route Number: 5901 From: Hampton Manor Terr., (Rt. 5902) To: Cul-de-sac, a distance of: 0,11 miles. Right-of-way record was filed on 10/25/2003 with the Office Of Clerk To Circuit Court in Pb, 138, Pg, 55, with a width of 40 feet. Ayes: Barber, King, Humphrey, Miller and, Warren. Nays: None. 8.C.ll. REQUEST FOR A PERMIT TO STAGE A FIREWORKS DISPLAY AT THE WOODLAKE PAVILION/AMPHITHEATER ON SEPTEMBER 3, 2005 WITH A RAIN DATE OF SEPTEMBER 5, 2005 On motion of Mr. Miller, seconded by Mr. King I the Board approved a request from the Woodlake Community Association for a permit to stage a fireworks display at the Woodlake Pavilion/Amphitheater on September 3, 2005, with a rain date of September 5, 2005. Ayes: Barber, King, Humphrey, Miller and Warren. Nays: None. 8.C.12. CHANGES IN SECONDARY SYSTEM OF STATE HIGHWAYS AS A RESULT OF CONSTRUCTION OF I-295 On motion of Mr. Miller, seconded by Mr. King, the Board adopted the following resolution: t'\fHEREAS, the Virginia Department of Transport.ation has provided the Board of Supervisors with a sketch dated June 8, 2004, depicting an abandonment and addi tion required in the secondary system of state hiçrhways as a result of Route 295, Project:. 0095-020-101, G-308 which sketch is hereby incorporated herein by reference; and 1/IlHEREAS, a new road serves portion of old road identified segment no longer serves a public the same ci tizens as to be abandoned and need. that that NOW, THEREFORE, BE IT' RESOLVED Supervisors does hereby abandon as a system of state highways that portion the sketch to be abandoned, pursuant Code of Virçrinia, 1950, as amended. that the Board of part of the secondary of road identified by to Section 33.1-155, AND, BE IT FURTHER RESOLVED the Board of Supervisors requests the Virginia Department of Transportation to add to the secondary system of state highways that portion of road identified by the sketch to be added, pursuant to Section 33.1-229, Code of Virginia, 1950, as amended. AND, BE IT FURTHER RESOLVED that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of rrransportation. 05-662 08/24/05 AND, BE IT FURTHER RESOLVED tha t the Board of Supervisors does hereby request that the Commonwealth Transportation Commissioner certify, in writing, that the portion of road hereby abandoned is no longer deemed necessary for uses of the secondary system of state highways pursuant to Section 33.1-154 of the Code of Virginia, 1950, as amended. - (It is noted a copy of the vicinity sketch is filed with the papers of this Board.) Ayes: Barber, King, Humphrey, Miller and Warren. Nays: None. 8. C .13 . APPROVAL OF SEWER CONTRACT FOR TOMAHAWK CREEK TRUNK SEWER - PHASE II (THE SANCTUARY AT WATERMILL) PROJECT On motion of Mr. Miller, seconded by Mr. King, the Board approved the following sewer contract for Tomahawk Creek Trunk Sewer - Phase II (The Sanctuary at Watermill), Contract Number 03-0221, which includes the extension of 3,636 L.F. + of 36-inch oversized wastewater lines: Developer: PMP, LLC Contractor: Lyttle Utilities, Incorporated Contract Amount: Estimated Estimated Estimated County Cost for Oversizing Developer Cost Total. . . . . . . . . $174,483.00 $412,844.00 $587,327.00 Code: Refunds thru Connections - Oversizing 5N-572VO-E4C District: Clover Hill (It is noted a copy of the vicinity sketch is filed with the papers of this Board.) Ayes: Barber, King, Humphrey, Miller and Warren. Nays: None. 8. C .14. ACCEPTANCE OF PARCELS OF LAND 8.C.14.a. ALONG THE EAST RIGHT OF WAY LINE OF NEWBYS BRIDGE ROAD FROM ASHLEY GROVE CIVIC ASSOCIATION On motion of Mr. Miller, seconded by Mr. King, the Board accepted the conveyance of a parcel of land containing 0.2429 acres along the east right of way line of Newbys Bridge Road (State Route 649) from Ashley Grove Civic Association, 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, Miller and Warren. Nays: None. 05-663 08/24/05 8.C.14.b. ALONG WINTERFIELD ROAD FROM WINTERVEST, LLC On motion of Mr. Miller, seconded by Mr. King, the Board accepted the conveyance of parcels of land containing a total of 0.783 acres along Winterfield Road (State Route 714) from Wintervest, 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, Miller and Warren. Nays: None. 8. C .14. c . ALONG THE NORTH RIGHT OF WAY LINE OF HULL STREET ROAD FROM SHIRLEY J. BISHOP, EXECUTRIX OF THE ESTATE OF FRANCIS C. BRITTEN On motion of Mr. Miller, seconded by Mr. King, the Board accepted the conveyance of a parcel of land containing 0.018 acres along the north right of way line of Hull Street Road (State Route 360) from Shirley J. Bishop, executrix of the estate of Francis C. Britten, 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, Miller and Warren. Nays: None. 8.C.14.d. ALONG THE NORTH RIGHT OF WAY LINE OF NEWBYS BRIDGE ROAD FROM KEITH A. AND CHRISTINE K. CLARK On motion of Mr. Miller, seconded by Mr. King, the Board accepted the conveyance of a parcel of land containing 0.3286 acres along the north right of way line of Newbys Bridge Road (State Route 649) from Keith A. Clark and Christine K. Clark, 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, Miller and Warren. Nays: None. 8.C.14.e. ALONG THE SOUTH RIGHT OF WAY LINE OF NEWBYS BRIDGE ROAD FROM CHARLES A. CLAY AND VICKIE L. BELCHER-CLAY On motion of Mr. Miller, seconded by Mr. King, the Board accepted the conveyance of a parcel of land containing 0.0961 acres along the south right of way line of Newbys Bridge Road (State Route 649) from Charles A. Clay and Vickie L. Belcher- Clay, and authorized the County A&ninistrator to execute the deed. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Barber, King, Humphrey, Miller and Warren. Nays: None. 05-664 08/24/05 8. C .14 . f . ALONG THE SOUTH RIGHT OF WAY LINE OF NEWBYS BRIDGE ROAD FROM CHARLES S. AND BESSILEE A. CLAY On motion of Mr. Miller, seconded by Mr. King, the Board accepted the conveyance of a parcel of land containing 0.1055 acres along the south right of way line of Newbys Bridge Road (State Route 649) from Charles S. Clay and Bessilee A. Clay, and authorized the County Administrator to execute the deed. (It is noted a copy of the plat is filed with the papers of thi s Board.) Ayes: Barber, King, Humphrey, Miller and Warren. Nays: None. 8.C.14.g. ALONG THE EAST RIGHT OF WAY LINE OF NEWBYS BRIDGE ROAD FROM RONALD L. AND BARBARA A. IVESTER On motion of Mr. Miller, seconded by Mr. King, the Board accepted the conveyance of a parcel of land containing 0.4043 acres along the east right of way line of Newbys Bridge Road (State Route 649) from Ronald L. Ivester and Barbara A. Ivester, 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, Miller and Warren. Nays: None. 8. C .14. h. ALONG THE WEST RIGHT OF WAY LINE OF NEWBYS BRIDGE ROAD FROM RAYMOND S. SMITH, JR. AND BRENDA G. SMITH On motion of Mr. Miller, seconded by Mr. King, the Board accepted the conveyance of a parcel of land containing 0.1148 acres along the west right of way line of Newbys Bridge Road (State Route 649) from Raymond S. Smith, Jr. and Brenda G. Smith, 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, Miller and Warren. Nays: None. 8. C .14. i . ALONG THE NORTH RIGHT OF WAY LINE OF WEST HUNDRED ROAD FROM VENTURE CONSTRUCTION, LLC - On motion of Mr. Miller, seconded by Mr. King, the Board accepted the conveyance of a parcel of land containing 0.016 acres along the north right of way line of West Hundred Road (State Route 10) from Venture Construction, 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, Miller and Warren. Nays: None. 05-665 08/24/05 8.C.14.j. ALONG THE NORTH RIGHT OF WAY LINE OF NEWBYS BRIDGE ROAD FROM CALVIN W. AND PATRICIA H. WERTZ On motion of Mr. Mille:r~, seconded by Mr. King, t.he Board accepted the conveyance of a parcel of land containing 0.1167 acres along the north riÇJht of way line of Newbys Bridge Road (State Route 649) from Calvin W. Wertz and Patricia H. Wert.z, and authorized the County Administrator to execute the deed. (It is noted a copy of the plat is filed with the papers of thi s Board.) Ayes: Barber: King, Humphrey, Miller ane'] Warren. Nays: None. 8.C.14.k. ALONG THE NORTH RIGHT OF WAY LINE OF ASHWELL DRIVE FROM SANDS PROPERTIES, L.C. On motion of Mr. Miller, seconded by Mr. King, the Board accepted the conveyance of a parcel of land containing 0.02B acres along the north right of way line of Ashwell Drive (State Route 5643) from Sand S Properties, L.C., and authorized the County Administrator to execute the deed. (It: is noted a copy of the plat is filed with the papers of this Board. ) Ayes: Barber, King, Humphrey, Miller and Warren. Nays: None. 8. C .14.1. ALONG THE SOUTH RIGHT OF WAY LINE OF WEST HUNDRED ROAD FROM VIRGINIA BAPTIST CHILDREN'S HOME AND FAMILY SERVICES On motion of Mr. Miller, seconded by Mr. King, the Board accepted the conveyance of a parcel of land containing 0.012 acres along the south right of way line of West Hundred Road (State Route 10) from Virginia Baptist Children's Home and Family Services, 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, Miller and Warren. Nays: None. 8.C.14.m. ALONG THE NORTH RIGHT OF WAY LINE OF HULL STREET ROAD FROM CLOVER HILL SHOPS, LC On motion of Mr. Miller, s,econded by Mr. King, the Board accepted the conveyance of two parcels of land containing a total of 0.046 acres along the north right of way line of Hull Street Road (US Route 360) from Clover Hill Shops, LC, and authorized the County Administrator to execute the deed. (It is noted a copy of the plat is filed with the papers of thi s Board.) Ayes: Barber, King, Humphrey, Miller and Warren. Nays: None. 05-666 08/24/05 8. C .14 . n. FOR THE EXTENSION OF CENTERPOINTE PARKWAY FROM GC REAL ESTATE CORPORATION On motion of Mr. Miller, seconded by Mr. King, the Board accepted the conveyance of a parcel of land containing 0.995 acres from GC Real Estate Corporation, 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, Miller and Warren. Nays: None. 8.C.14.o. FOR THE EXTENSION OF CENTERPOINTE PARKWAY FROM RIVERSTONE PROPERTIES, LLC AND FOR A MIDDLE SCHOOL SITE IN CENTERPOINTE On motion of Mr. Miller, seconded by Mr. King, the Board accepted the conveyance of three parcels of land containing a total of 40.79 acres, more or less, from Riverstone Properties, 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, Miller and Warren. Nays: None. 8.C.15. REQUESTS TO QUITCLAIM 8.C.15.a. A SIXTEEN-FOOT DRAINAGE EASEMENT ACROSS THE PROPERTY OF ORLANDUS A. BRANCH, JR. On motion of Mr. Miller, seconded by Mr. King, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute a quitclaim deed to vacate a 16-foot drainage easement across the property of Orlandus A. Branch, Jr. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Barber, King, Humphrey, Miller and Warren. Nays: None. 8.C.15.b. A SIXTEEN-FOOT DRAINAGE EASEMENT ACROSS THE PROPERTY OF JW VIRGINIA LLC - On motion of Mr. Miller, seconded by Mr. King, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute a quitclaim deed to vacate a 16-foot drainage easement across the property of JW Virginia LLC. (It is noted a copy of the plat is filed wi th the papers of this Board.) Ayes: Barber, King, Humphrey, Miller and Warren. Nays: None. 8.C.16. APPROVAL OF A WETLANDS MITIGATION AGREEMENT WITH VIRGINIA HABITATS II, LLC On motion authorized of Mr. Miller, seconded by Mr. King, the County Administrator to execute the Board a Wetlands 05-667 08/24/05 ---....-...-'" Mitigation Agreement with Virqinia Hatntats II, LLC for the Meadowville Sewer Extension. Ayes: Barber, King, Humphrey, :Miller and Warren. Nays: None. 8.C.17. REQUESTS FOR PERMISSION 8.C.17.a. FROM JOHN M. PATRON, JR. AND VANNESSA D. PATRON FOR AN EXISTING DECK AND AN ABOVE GROUND SWIMMING POOL TO ENCROACH WI:THIN AN EIGHT-FOOT EASEMENT ACROSS LOT 7, BLOCK E, MASON WOODS, SECTION C On motion of Mr. Miller, seconded by Mr. King, the Board approved a request from John M. Patron, Jr. and Vannessa D. Patron for permission for an existing deck and an above ground swimming pool to E!ncroach IAli thin an eight-foot easement across Lot 7, Block E, Mason Woods, Section C, 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, Miller and Warren. Nays: None. 8.C.17.b. FROM LAYTON J. JOHNSON, SR. AND LOIS S. JOHNSON FOR AN EXISTING DRIVEWAY TO ENCROACH WITHIN A SIXTY-FOOT UNIMPROVED COUNTY RIGHT OF WAY KNOWN AS STRATHCONA STREET On motion of Mr. Miller, seconded by Mr. King, the Board approved a request from Layton ~J. ,Johnson, Sr. and Lois S. Johnson for permission for an existing driveway to encroach within a 60-foot unimproved county right of way known as Strathcona Street, 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, Miller and Warren. Nays: None. 8.C.17.c. FROM VERIZON VIRGINIA INCORPORATED FOR UNDERGROUND CABLE TO ENCROACH WITHIN A FIFTY-FOOT COUNTY RIGHT OF WAY KNOWN AS SOUTHSHORE POINTE DRIVE On motion of Mr. Miller, seconded by Mr. King, the Board approved a request from Verizon Virginia Incorporated for permission for underground cable to encroach within a 50-foot county right of way known as Southshore pointe Drive, 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, Miller and Warren. Nays: None. 05-668 08/24/015 8.C.18. SET DATES FOR PUBLIC HEARINGS 8.C.18.a. TO CONSIDER AMENDMENTS TO SECTIONS 19-145 AND 19-301 OF THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED RELATING TO CHECK CASHING ESTABLISHMENTS AND INCIDENTAL CHECK CASHING SERVICES - On motion of Mr. Miller, seconded by Mr. King, the Board set the date of September 21, 2005 at 7: 00 p.m. for a public hearing for the Board to consider ordinance amendments relating to check cashing establishments and incidental check cashing services. Ayes: Barber, King, Humphrey, Miller and Warren. Nays: None. 8.C.18.b. TO CONSIDER PROPOSED ORDINANCE AMENDMENTS TO COUNTY CODE SECTION 19-26 REGARDING PUBLIC NOTICE REQUIREMENTS FOR ZONING AND CORRESPONDING CHANGES TO SECTION 19-1 REGARDING THE SPECIFIED PURPOSES OF THE ZONING ORDINANCE On motion of Mr. Miller, seconded by Mr. King, the Board set the date of September 21, 2005 at 7:00 p.m. for a public hearing for the Board to consider proposed ordinance amendments to Section 19-26 of the zoning ordinance regarding public notice requirements mandated by recent changes in state law and corresponding changes to Section 19-1 regarding the specified purposes of the zoning ordinance. Ayes: Barber, King, Humphrey, Miller and Warren. Nays: None. 8.C.19. TRANSFER OF DISTRICT IMPROVEMENT FUNDS 8.C.19.a. FROM THE MIDLOTHIAN DISTRICT IMPROVEMENT FUND TO THE PARKS AND RECREATION DEPARTMENT TO PURCHASE THREE INTERPRETIVE SIGNS TO BE ERECTED AT THE MIDLOTHIAN MINES On motion of Mr. Miller, seconded by Mr. King, the Board transferred $6,000 from the Midlothian District Improvement Fund to the Parks and Recreation Department to purchase three interpretive signs to be erected at the Midlothian Mines. Ayes: Barber, King, Humphrey, Miller and Warren. Nays: None. - 8.C.19.c. FROM THE DALE, MATOACA, CLOVER HILL, MIDLOTHIAN AND BERMUDA DISTRICT IMPROVEMENT FUNDS TO THE CHESTERFIELD COUNTY POLICE DEPARTMENT TO SUPPORT THE TRIAD PROGRAM On motion of Mr. Miller, seconded by Mr. King, the Board transferred $400 each from the Bermuda, Clover Hill, Dale, Matoaca and Midlothian District Improvement Funds (total of $2,000) to the Police Department to support the TRIAD Program. Ayes: Barber, King, Humphrey, Miller and Warren. Nays: None. 05-669 08/24/05 ""----~..- 8.C.20. TRANSFER OF FUNDS AND AUTHORIZATION FOR THE BATTERY DANTZLER ROAD EXTENSION On motion of Mr. Miller, seconded by Mr. King, the Board transferred $125,000 from the Reserve for Future Capital Projects for the extension of Battery Danzt.ler Road from its existing terminus to Old Stage Road in the Bermuda Industrial Park; and authorized the County Administrator to enter into the necessary county/Virginia Department of Transportation/ consul tant/ contractor, design, right-of way acquisi tion, environmental permits and/or construction agreements, and to advertise a construction contract for the project. Ayes: Barber, King, Humphrey, Miller and Warren. Nays: None. 8.C.21. REQUEST TO AID WINTERVEST, LLC IN THE ACQUISITION OF RIGHT OF WAY FOR IMPROVEMENTS TO WINTERFIELD ROAD On motion of Mr . Miller , seconded by Mr. King, the Board authorized Right of Way staff to aid Wintervest, LLC in the acquisition of right of way for improvements to Winterfield Road, subject to the developer executing a contract agreeing to pay all costs. Ayes: Barber, King, Humphrey, Miller and Warren. Nays: None. 8.C.23. APPOINTMENT OF AN ADDITIONAL AGENT FOR THE BOARD OF SUPERVISORS INITIATED REZONING OF CERTAIN PARCELS LOCATED IN THE 288 CORRIDOR PLAN AND AMEND CERTAIN PARCELS LISTED IN THE ORIGINAL AGENDA ITEM OF MAY 25, 2005 On motion of Mr. Miller, seconded by Mr. King, the Board appointed Mr. John Easter as an addi tional agent for the Board of Supervisors ini tiated rezoning of certain parcels located in the 288 Corridor Plan and waived any objections to any possible conflict of interest Mr. Easter, or his firm (Williams Mullen) may have during the representation. And, further, the Board amended certain properties listed in the original May 25, 2005 agenda item by removing the following parcel as requested by the property owner: Tax ID number 712-707-9342; adding t.he following parcels, as requested by the property owners: Tax ID numbers 713-706- 0128, 712-706-9361, 713,-709-4587, 713--710-8429, 714-710-1855, 714-712-9323, 715-711-4043, 715-,711·-0444, and 715-712-3508; and clarifying that parts of the following parcels are to be included generally as depicted on the map filed with the papers of this Board: 713-712-8031, 716-713,-5414, and 717- 708-2972. Ayes: Barber, King, Humphrey, MiLler and Warren. Nays: None. 05-670 08/24/0'5 The following items were removed from the Consent Agenda for Board discussion. S.C.19.b. FROM THE MATOACA, MIDLOTHIAN AND CLOVER HILL DISTRICT IMPROVEMENT FUNDS TO THE COUNTY'S DEPARTMENT OF PARKS AND RECREATION TO FUND SCHOOL RENTAL, SCHOOL CUSTODIAL COSTS AND PART-TIME FACILITY SUPERVISORS FOR THE CHESTERFIELD COUNTY BOYS BASKETBALL LEAGUE CHALLENGER PROGRAM Mrs. Humphrey stated the Challenger Program for the Boys Basketball League is an exceptional idea. She further stated she has watched the baseball challenger program sponsored by the Huguenot Athletic Association and suggested that the Board present the organization with a resolution commending their sponsorship of the program. She stated there are unforeseen costs involved in starting the Challenger Program, and she is willing to further assist the league with additional costs of the program if necessary. On motion of Mrs. Humphrey, seconded by Mr. Warren, the Board transferred $600 each from the Clover Hill, Matoaca and Midlothian District Improvement Funds (total of $1,800) to the Parks and Recreation Department to fund school rental, school custodial costs and part-time facility supervisors for the Chesterfield County Boys Basketball League Challenger Program. Ayes: Barber, King, Humphrey, Miller and Warren. Nays: None. S.C.22. APPROVAL OF THE PURCHASE OF A PARCEL OF LAND FOR A MIDDLE SCHOOL SITE IN CENTERPOINTE Mrs. Humphrey expressed concerns relative to the expense of the land and to a memorandum received this week from citizens regarding meetings, early discussions and negotiations surrounding the middle school site. She stated the citizens have requested that the Commonwealth Attorney address the Board of Supervisors' meeting status, and she would like to have clarification from the County Attorney regarding what constitutes a public meeting. Mr. Ramsey stated the county staff Site Plan Selection Commi ttee recommended this site after a review of sites in this corridor. He further stated one of the advantages of this site that the other sites did not have was the fact that the developer owed the county 36 acres for schools/fire station use. He stated the additional 16 acres make the site appropriate for a middle school. He further stated staff believes that the payment of $1.8 million for the 16 acres is a fair price. He stated all five members of the Board had directed earlier in the year that staff acquire this property even if eminent domain proceedings were necessary. He further stated this is the best price that could be negotiated with the owner short of condemnation proceedings. Mr. Micas noted that the property owner will also be dedicating all of the necessary road right of way to access the facility. 05-671 OS/24/05 In response to Mrs. Humphrey's question, Mr. Ramsey stated this 16-acre middle school site will cost $1.8 million compared to an 80-acre high school site on Genito Road, in the same corridor, which cost nearly $6 million> In response to Mrs. Humphrey's question, Dr. Cannaday stated that, rather than looking at the issue of cost per acre, the School Board determined that 52 acres could not be purchased someplace else in this general area for $1.8 million. Mr. Barber requested that Mr. Micas respond to Mrs. Humphrey's questions relative to public meetings. Mr. Micas stated the Freedom of Information Act provides that if a quorum or three members of the Board meet to engage in county business, this constitutes a meeting and is subject to disclosure obligations. He further stated the Board has always followed this statute. He stated subcommittees of two people created by the Board are also subject to the Freedom of Information Act's open meeting requirements. He further stated in the winter of 2004, the Chairman of the School Board and the Chairman of the Board of Supervisors decided on their own initiative to ask one fellow member of each board to meet together with the two chairmen to discuss the location of a middle school site ( but neither the School Board nor the Board of Supervisors formally created a subcomnittee related to that activity. He stated this type of meeting is not different than the Mayors and Chairs meetings or the recent cash proffer session, which included two Board members. He further stated, regardless of the status of the events with the two chairmen, all decisions by both the School Board and Board of Supervisors regarding the purchase of the middle school site were made in a full meeting involving five members of each board. Mrs. Humphrey expressed concerns that citizens are still questioning how and why Board members met prior to the bond referendum to discuss the middle school si te and that a letter has been sent to the Commonwealth Attorney to either validate or invalidate citizens' claims about the meetings. She stated, in the past 12 years, Board members have been very cautious about how and when they met. She further stated she feels an obligation to the citizens to get a response from the Commonwealth Attorney prior to making a decision on the purchase of the property for the middle school site. Mrs. Humphrey then made a motion for the Board to defer consideration of the purchase of a parcel of land for a middle school site in Centerpointe until September 21, 2005. Mr. Barber stated the County Attorney determined in April 2005 that the meetings held were absolutely appropriate. Mr. Micas stated the Commonwealth Attorney has requested that he send to him a copy of the opinion he provided to the Board regarding the meetings held. Mr. Warren seconded Mrs. Humphrey's motion for discussion purposes. Mr. Barber stated it has been determined that were appropriate, and no one can say that the meetings feedback or 05-672 OS/24/0S¡ interaction was not provided throughout the discussions. He further stated all decisions have been made in full meetings with full public disclosure. He stated there are some people who do not like the site of the new middle school and will say or do anything to disrupt the school from being bui 1 t, indicating that he thinks it would be a travesty of the Board's responsibility to do anything to further that agenda. He further stated a deferral would have an impact on not only the opening of the middle school, but all of the school projects, and he believes it would be an inappropriate response to a small number of people. In response to Mr. Warren's question, Dr. Cannaday stated approximately 5.6 acres of the entire 52-acre site are located within resource protection areas (RPAs). He further stated a review of the site indicates the project would not require disturbance of any of the RPAs. He stated approximately 41 acres will be used for the school. In response to Mr. Warren's question, Mr. Ramsey stated the property owner has accepted the offer. He further stated this transaction has nothing to do with the property owner's proffered condition to provide $30 million in road construction improvements for an Interchange at Centerpointe. Mr. Warren stated, indirectly, the transaction impacts the proffered condition because the property owner will not be required to provide the $30 in road improvements in the final analysis and the county is paying $1.9 million for additional land. Mr. Barber stated the road improvements were not a topic of any of the discussions that took place when considering an appropriate middle school site. He further stated, after the site was chosen, staff developed a creative way for economic reasons to build the powhi te Parkway-Charter Colony Parkway Interchange, indicating that these were two separate issues that were not discussed simultaneously at any time. Mr. Warren stated he was not a part of the meetings held regarding siting of the middle school. He expressed concerns relative to relieving the developer of the proffered condition to provide $30 million towards the construction of the interchange while paying an extravagant price for a school site. Mr. Barber stated there was no other site available without a full purchase price of 50 acres, and this was the least expensive option for a school site. He noted the school site issue is distinct and separate from the interchange issue and economic development issues that have been brought to the Board's attention since the site was chosen. Mr. Warren relationship school. inquired whether the to the negotiated price in terchange had any for the land for the Mr. Ramsey stated it was discussed, and staff was hoping they could get the additional school acreage at no cost. He further stated that did not happen, but it was very much negotiated. He clarified that the price per acre is $117,000, and the purchase of the property will eliminate the necessity of eminent domain. 05-673 OS/24/05 Mr. King inquired about the impact of a 30-day deferral of the issue. Dr. Cannaday stated a 30-day deferral would jeopardize the opening of the middle school in the fall of 2008. He noted that construction costs are increasing, and any delay in fast tracking the bidding process could compromise the budget for the project. Mr. King stated he believes the issue has been debated long enough and he will not support a deferral. Mr. Miller stated he is dismayed with the entire process and the fact that people have challenged the good faith of county staff members who havE~ worked diligently to acquire thE~ middle school site. He further stated he will not support a deferral, indicating there have been numerous meetings over the past year to extensively discuss this issue. He stated the bond referendum was approved overwhelmingly with the people understanding approximately where the school was to be located. He further stated all five Board members authorized the acquisition of this purchase in closed session and also authorized, if necessary, I::!minent domain proceedings to acquire the property. He stated it is an injustice to the process for someone to suggest that an impropriety has occurred, indicating that he stands behind all of the decisions that were made and is ready to move forward. Mr. Warren stated he is: pleased that it has been clarified that the Board did not vote on this site prior to going into the bond referendum, did not discuss this si te in detail until the spring of 2005, and voted on it when the Public Facilities Plan was amended. Mr. Barber called for a vote on the motion of Mrs. Humphrey, seconded by Mr. Warren, for the Board to defer consideration of approval of the purchase of a parcel of land for a middle school site in Centerpointe until September 21, 2005. Aye: Humphrey and Warren. Nay: Barber, King and Miller. Mr. Barber then made a motion, seconded by Mr. King, for the Board to approve the purchase of a parcel of land containing 16.0 acres, more or less, for $1,880,000 from Riverstone Properties, LLC., for a middle school site in Centerpointe, and authorize the County Administrator to execute the sales contract and deed. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Barber, King, Humphrey, Miller and Warren" Nays: None. 11. DINNER On motion of recessed to dinner. Mr. the Miller, seconded by Mr. Administration Building, King, Room the Board 502, for Ayes: King, Barber, Humphrey, Miller and Warren. Nays: None. 05-674 08/24/05 Reconvening: 12. INVOCATION ,- Reverend Tim Amador, Pastor of God's Storehouse Baptist Church gave the invocation. 13 . PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Retired U.S. Marine Corps Major Don Kappel led the Pledge of Allegiance to the flag of the united States of America. 14. RESOLUTIONS AND SPECIAL RECOGNITIONS 14.A. RECOGNIZING MR. ROGER HABECK FOR HIS CONTRIBUTIONS TO CHESTERFIELD COUNTY Mr. Stith introduced Mr. Roger Habeck who was present to receive the resolution. On motion of the Board, the following resolution was adopted: WHEREAS, Mr. Roger Habeck is a well-known Chesterfield County resident and businessman; and -. WHEREAS, Mr. Habeck is the publisher of Virginia Review, the oldest independent professional journal for government officials in Virginia; and WHEREAS, Mr. Habeck has enjoyed a strong reputation as a tireless advocate for small businesses in Chesterfield County; and WHEREAS, Chesterfield incorporated and on September 1, 1999, Mr. Habeck formed the County Chamber of Commerce, which was on that date, and became its executive director; WHEREAS, the Chesterfield County Chamber of Commerce originally had nine board of directors members; and WHEREAS, in large measure due to Mr. leadership, that organization currently has more members and 12 board of directors members; and Habeck's than 520 - WHEREAS, Mr. Habeck has advocated for amendments to the county's business license tax ordinance to attract more businesses to the county; and WHEREAS, Mr. Habeck provided valuable input to county's Eastern Area Plan; the Chester village Plan; county's sign ordinance; the Water Quality Protection and numerous zoning ordinance amendments; and the the Plan WHEREAS, Mr. Habeck hosted COMCAST Cablevision, Incorporated, County's businesses; and a television program on spotlighting Chesterfield 05-675 08/24/05 WHEREAS, in his role as a member of the Jefferson Davis Association, Mr. Habeck was actively involved in discussions leading to improvements along Jefferson Davis Highway; and WHEREAS, positive mark leadership. Mr. Habeck has left a distinguished and on Chesterfield County through his energetic NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 24th day of August 2005, publicly recognizes the exemplary achievements of Mr. Roger Habeck, and thanks him for his contributions to the overall economic well-being of Chesterfield County and its businesses. AND, BE IT FURTHER RESOLVED that a copy of resolution be presented to Mr. Habeck and that resolution be permanently recorded among the papers of Board of Supervisors of Chesterfield County, Virginia. this this this Ayes: Barber, King, Humphrey, Miller and Warren. Nays: None. Mr. King presented the executed resolution to Mr. Habeck and expressed appreciation for his many contributions to the business community in Chesterfield County. Mr. Habeck expressed appreciation to the Board for the recognition. 14. B. RECOGNIZING THE PARKS AND RECREATION ADVISORY COMMISSION'S AND BOARD OF SUPERVISORS' NOMINEES FOR THEIR VOLUNTARY CONTRIBUTIONS TO CHESTERFIELD COUNTY PARKS AND RECREATION '- Mr. Phil Innis, Assistant Director of Parks and Recreation, introduced Ms. Lynn Crump, Chairperson of the Parks and Recreation Advisory Commission to introduce the nominees. Ms. Crump introduced Ms. Kitty Belcher" who was representing herself as well as the late Ms. Mildred Burrell, Mr. Sherman Litton, Mr. Allen Mason, Mr. Harold McManus, Mr. Don Unmussig, Mr. Bryan Walker, Ms. Jane Warrick and Mr. Richard Worcester who were present to receive the resolutions. On motion of the Board, the following resolution was adopted: WHEREAS, participation in youth athletics has long been an integral part in the physical and emotional development of the youth of Chesterfield County; and WHEREAS, Ms. Kitty Belcher has served as Treasurer for the Chesterfield Cheerleading League for over 20 years; and WHEREAS, Ms. Belcher has been a major contributor to area youth athletic leagues and associations through donation of trophies and other valuable goods and services; and WHEREAS, Ms. Belcher has provided behind-the-scenes support for girls' throughout Chesterfield County; and endless sports energy in programs 05-676 OS/24/05 WHEREAS, Ms. Belcher has served as President of the Bensley Athletic Association; and WHEREAS, Ms. Belcher served diligently as Secretary/ Treasurer for the Chesterfield Youth Softball Association for several years; and WHEREAS, the Chesterfield County Parks and Recreation Advisory Commission recommended that exemplary volunteerism in the Parks and Recreation area be recognized through display of volunteer names and accomplishments on five Volunteer Hall of Fame Monuments located throughout the parks system. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 24th day of August 2005, publicly recognizes Ms. Kitty Belcher, on behalf of the citizens of Chesterfield County, for her dedicated and unselfish commitment to the youth and adults of Chesterfield County, by displaying her name on the Chesterfield County Parks and Recreation Volunteer Hall of Fame Monument at R. Garland Dodd Park at Point of Rocks. AND, BE IT FURTHER RESOLVED that the Board of Supervisors recognizes the dedicated commitment and untiring efforts displayed by Ms. Belcher; thanks her family for their support of her public service; and urges all Chesterfield County residents to keep Ms. Belcher's many accomplishments fondly in mind when they visit R. Garland Dodd Park at Point of Rocks. And, further, the Board adopted the following resolution: WHEREAS, participation in youth athletics has long been an integral part in the physical and emotional development of the youth of Chesterfield County; and WHEREAS, Ms . founding leader Association (CYSA) Mildred Burrell was an of the Chesterfield for over ten years; and inspiration and Youth Softball WHEREAS, Ms. Burrell represented Chesterfield County as the National United States Slo-pitch Softball Association (USSSA) representative for girls softball; and WHEREAS, Ms. Burrell believed that young people who learned early in life about responsibility, fair play, good sportsmanship, winning and losing and the fun of competition would develop into valuable role models as adults; and WHEREAS, Ms. Burrell was a strong advocate for girls softball and was instrumental in the development of youth sports facilities at Bird Athletic Complex; and WHEREAS, among Ms. Burrell's outstanding achievements are the lessons of life learned by the many young women who participated in CYSA games; and WHEREAS, the Chesterfield County Parks and Recreation Advisory Commission recommended that exemplary volunteerism in the Parks and Recreation area be recognized through display of volunteer names and accomplishments on five Volunteer Hall of Fame Monuments located throughout the parks system. 05-677 OS/24/05 NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 241 day of August 2005, publicly recognizes the late Ms. J'v1ildred Burrell, on behalf of the citizens of Chesterfield County, for her dedicated and unselfish commitment to the youth and adults of Chesterfield County, by displaying her name on the Chesterfield County Parks and Recreation Volunteer Hall of Fame Monument at Harry G. Daniel Park at Iron Bridge. AND, BE IT FUR'I'HER, RESOLVED that the Board of Supervisors recognizes the dE!dicated commi tment and untiring efforts displayed by Ms. Mildred Burrell; thanks her family for their support of her public service; and urges all Chesterfield County residents to keep Ms. Burrell's many accomplishments fondly in mind when they visit Harry G. Daniel Park at Iron Bridge. And, further, the following resolut on was adopted: WHEREAS, participation in yout.h athletics has long been an integral part in the physical and emotional development of the youth of Chesterfield County; and WHEREAS.. Mr. Sherman Litton has been an inspiration and leader in Chesterfield County yout sports programs for over 25 years; and WHEREAS I under Mr. Li tton' s guidance and President of Chesterfield Baseball Club (CBC) , were made to the boys baseball program' and direction as improvements vJBEREAS, Mr. Li t ton has Recreation Advisory Commission including chairman; and served in a on the leadership Parks and position, -- WHEREAS, Mr. Li t ton has served Commissioner and in many leadership Chesterfield Basketball League; and as League Senior roles for the ~mEREAS, Mr. Litton has served Meadowbrook High School student body and athletes in his leadership role as part of the High School Athletics Boosters; and WHEREAS, the Chesterfield County Parks and Recreation Advisory Commission recommended that exemplary volunteerism in the Parks and Recreation area be recognized through display of volunteer names and accomplishments on five Volunteer Hall of Fame Monuments located throughout the parks system. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 24 day of August 2005, publicly recognizes Mr. Sherman Li tton, on behalf of the citizens of Chesterfield County tor his dedicated and unselfish commitment to the youth anci adults of Chesterfield County, by displaying his name on the Chesterfield County Parks and Recreation Volunteer HaJI of Fame Monument at Harry G. Daniel Park at Iron Bridge. AND, BE IT FURTHER RESOLVED that the Board of Supervisors recognizes the dedicated commitment: and untiring efforts displayed by Mr. Sherman L1. t ton; thanks his family for their support of his publir service; and urges all 05-678 OS/24/05 Chesterfield County residents to keep Mr. Litton's many accomplishments fondly in mind when they visit Harry G. Daniel Park at Iron Bridge. And, further, the Board adopted the following resolution: - WHEREAS, participation in youth athletics has long been an integral part in the physical and emotional development of the youth of Chesterfield County; and WHEREAS, Mr. Allen Mason has for over 27 years served as a coach for the Chesterfield Quarterback League; and WHEREAS, Mr. Mason has served as a baseball coach for the Beulah Athletic Association in the Chesterfield Baseball Club; and WHEREAS, Mr. Mason has been a major contributor to the Beulah area youth athletic leagues and associations serving in many roles for the original Dalebrook Athletic Association and the Beulah Athletic Association; and WHEREAS, Mr. Mason is well respected for his volunteer service to Beulah Methodist Church; and WHEREAS, Mr. Mason is known for his commitment to youth athletics and his steadfast commitment to good sportsmanship; hard work and his demonstration of and WHEREAS, the Chesterfield County Parks and Recreation Advisory Commission recommended that exemplary volunteerism in the Parks and Recreation area be recognized through display of volunteer names and accomplishments on five Volunteer Hall of Fame Monuments located throughout the parks system. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 24th day of August 2005, publicly recognizes Mr. Allen Mason, on behalf of the citizens of Chesterfield County, for his dedicated and unselfish commitment to the youth and adults of Chesterfield County, by displaying his name on the Chesterfield County Parks and Recreation Volunteer Hall of Fame Monument at Harry G. Daniel Park at Iron Bridge. - AND, BE IT FURTHER RESOLVED that the Board of Supervisors recognizes the dedicated commitment and untiring efforts displayed by Mr. Allen Mason; thanks his family for their support of his public service; and urges all Chesterfield County residents to keep Mr. Mason's many accomplishments fondly in mind when they visit Harry G. Daniel Park at Iron Bridge. And, further, the Board adopted the following resolution: WHEREAS, participation in youth athletics has long been an integral part in the physical and emotional development of the youth of Chesterfield County; and WHEREAS, Mr. Harold McManus has been an inspiration and leader in the Matoaca Athletic Association serving as President and as Baseball Director; and 05-679 08/24/05 WHEREAS, Mr. McManus has volunteered as Youth Baseball Coach for Chesterfield Baseball Club teams; and WHEREAS, Mr. McManus has represented the Matoaca District as a valued member of the Parks and Recreation Advisory Commission from 1997 through 2001; and WHEREAS, Mr. McManus served as Vice Chairman of the Parks and Recreation Advisory Commission in 2000; and WHEREAS, Mr. McManus provided able development of the Master Plan and renovations for Matoaca Park; and assistance in the concession stand WHEREAS, the Chesterfield County Parks and Recreation Advisory Commission recommended that exemplary volunteerisrn in the Parks and Recreation area be recognized through display of volunteer names and accomplishments on five Volunteer Hall of Fame Monuments located throughout the parks system. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 24th day of August 2005, publicly recognizes Mr. Harold McManus, on behalf of the citizens of Chesterfield County, for his dedicated and unselfish commitment to the youth and adults of Chesterfield County, by displaying his name on the Chesterfield County Parks and Recreation Volunteer Hall of Fame Monument at Matoaca Park. AND, BE IT FURTHER RESOLVED that the Board of Supervisors recognizes the dedicated commitment and untiring efforts displayed by Mr. McManus; thanks his family for their support of his public service; and urges all Chesterfield County residents to keep Mr. McManus f many accomplishments fondly in mind when they visit Matoaca Park. -' And, further, the Board adoptE~d the following resolution: WHEREAS, participation in youth athletics has long been an integral part in the physical and emotional development of the youth of Chesterfield County; and WHEREAS, Mr. Don Unmussig was the long-term President of Chesterfield Baseball Club; and WHEREAS, Mr. Unmussig was a coach for a number of very successful baseball leagues, including the 1996 Pony Baseball World Series Team; and WHEREAS, Mr. Unmussig has been instrumental in the development of youth sports facilities at Rockwood Park; and WHEREAS, the Chesterfield County Parks and Recreation Advisory Commission recommended that exemplary volunteerism in the Parks and Recreation area be recognized through display of volunteer names and accomplishments on fivE~ Volunteer Hall of Fame Monuments located throughout the parks system. NOW, THEREFORE, BE IT RESOLVED that County Board of Supervisors, this 24th day publicly recognizes Mr. Don Unrnussi<;J, on citizens of Chesterfield County, for his unselfish commitment to the youth and adults the Chesterfield of August 2005, behalf of the dedicated and of Chesterfield 05-6S0 OS/24/0S, County, by displaying Parks and Recreation Rockwood Park. his name Volunteer on the Chesterfield County Hall of Fame Monument at AND, BE IT FURTHER RESOLVED that the Board of Supervisors expresses appreciation to Mr. Unmussig for his untiring efforts; thanks his family for their support of his public service; and urges all Chesterfield County residents to keep Mr. Unmussig's many contributions fondly in mind when they visit Rockwood Park. And, further, the Board adopted the following resolution: WHEREAS, participation in recreation programs has long been an integral part in the physical and emotional development of the well being of the residents of Chesterfield County; and WHEREAS, Mr. Bryan Walker successfully advocated for the acquisition and development of Bensley Park and Bensley Community Center and has guided their development; and WHEREAS, Mr. Walker represented the Bermuda District as a member of the Parks and Recreation Advisory Commission from its inception in 1993 through 2001; and WHEREAS, Mr. Walker served as Chairman of the Parks and Recreation Advisory Commission in 1994; and WHEREAS, Mr. Walker has been an inspiration and a leader in the development and study of the historic Falling Creek Ironworks site; and WHEREAS, the Recreation Advisory volunteerism in the through display of five Volunteer Hall parks system. Chesterfield County Parks and Commission recommended that exemplary Parks and Recreation area be recognized volunteer names and accomplishments on of Fame Monuments located throughout the NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 24th day of August 2005, publicly recognizes Mr. Bryan Walker, on behalf of the citizens of Chesterfield County, for his dedicated and unselfish commitment to the youth and adults of Chesterfield County, by displaying his name on the Chesterfield County Parks and Recreation Volunteer Hall of Fame Monument at R. Garland Dodd Park. AND, BE IT FURTHER RESOLVED that the Board of Supervisors recognizes the dedicated commitment and untiring efforts displayed by Mr. Walker; thanks his family for their support of his public service; and urges all Chesterfield County residents to keep Mr. Walker's many accomplishments fondly in mind when they visit R. Garland Dodd Park. And, further, the Board adopted the following resolution: WHEREAS, youth participation in healthy playground exercise acti vi ties has long been an integral part in the physical and emotional development of the youth of Chesterfield County; and 05-681 08/24/05 WHEREAS, Ms. Warrick founded anG is chairperson of "A Playground for Katie and Friends," a non-profit organization that has worked tirelessly to plan êlnd raise funds for a special playground where all children can come and play together regardless of abilities or disabilities; and WHEREAS, Ms. Warrick oversaw construction of the Huguenot Park inclusive playground with adaptive equipment that will greatly benefit members of all of the families who visit and enjoy the park; and WHEREAS, Ms. Warrick has worked tirelessly over the course of two years to raise over $100,000 in donations for the "Katie and Friends Playground-; and WHEREAS, the Chesterfield County Parks and Recreation Advisory Commission recommended that exemplary volunteerism in the Parks and Recreation area be recognized through display of volunteer names and accomplishments on five Volunteer Hall of Fame Monuments located throughout the parks system. NOW, THEREFORE, BE IT RESOLVED, that the Chesterfield County Board of Supervisors, this 24th day of August 2005, publicly recognizes Ms. Jane Warrick, on behalf of the citizens of Chesterfield County, for her dedicated and unselfish commitment to the youth and adults of Chesterfield County, by displaying her name on the Chesterfield County Parks and Recreation Volunteer Hall of Fame Monument at Huguenot Park. AND, BE IT FURTHER RESOLVED. that the Board of Supervisors recognizes the dedicated commitment and untiring efforts displayed by Ms. Jane Warrick; thanks her family for their support of her public service; and urges all Chesterfield County residents to keep Ms. Warrick f s many accomplishments fondly in mind when they visit Huguenot Park. - And, further. the Board adoptE!d the following resolution: WHEREAS. participation in youth athletics has long been an integral part in the physical and emotional development of the youth of Chesterfield County; and WHEREAS" Mr. J. Richard Worcester has been an inspiration and leader of Chesterfield Baseball Club (CBC) serving as President and as League Commissioner; and WHEREAS" under Mr. Worcester's guidance and direction as President of Chesterfield Baseball Club, improvements were made to the athletic and community recreational facilities at Rockwood Park and the baseball program prospered under his leadership; and WHEREAS, Mr. Worcester has volunteered as the manager of the American Legion Post 186 Team; and WHEREAS, Mr. Worcester was appointed in 1993 as a charter member of the Parks and Recreation Advisory Commission representing the Clover Hill Magisterial District for over ten years during which time he served as the Parks and Recreation Advisory Commission's Chairman; and 05-682 OS/24/05 WHEREAS, Mr. Worcester has contributed greatly to youth sports programs through his volunteerism, serving as baseball representative of the Gordon Athletic Association and coach for CBC, AAU/USSSA youth baseball teams; and WHEREAS, the Chesterfield County Parks and Recreation Advisory Commission recommended that exemplary volunteerism in the Parks and Recreation area be recognized through display of volunteer names and accomplishments on five Volunteer Hall of Fame Monuments located throughout the parks system. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 24th day of August 2005, publicly recognizes Mr. J. Richard Worcester, on behalf of the citizens of Chesterfield County, for his dedicated and unselfish commitment to the youth and adults of Chesterfield County, by displaying his name on the Chesterfield County Parks and Recreation Volunteer Hall of Fame Monument at Rockwood Park. AND, BE IT FURTHER RESOLVED that the Board of Supervisors recognizes the dedicated commitment and untiring efforts displayed by Mr. J. Richard Worcester; thanks his family for their support of his public service; and urges all Chesterfield County residents to keep Mr. Worcester's many accomplishments fondly in mind when they visit Rockwood Park. Ayes: Barber, King, Humphrey, Miller and Warren. Nays: None. Resolutions were presented to Ms. Belcher, Mr. Litton, Mr. Mason, Mr. McManus, Mr. Walker, Ms. Warrick and Mr. Worcester, and each Board member expressed appreciation for their extraordinary contributions to parks and recreation in Chesterfield County. Mr. Walker stated it has been a great pleasure working with the Department of Parks and Recreation. Ms. Warrick thanked the Board for the recognition and stated she hopes to start another project for a handicapped accessible playground in the county. Ms. Belcher expressed appreciation to the Board on behalf of the late Mildred Burrell. She also thanked her family and members of the Youth Softball and Cheerleading Leagues for their support. Mr. McManus expressed appreciation to the Board for the recognition and also to God and others for their support. Mr. Worcester expressed appreciation to Parks and Recreation staff and volunteers for their support. Mr. Mason expressed appreciation to Mr. Raymond Hevenner and other fellow coaches for their support and stated he is honored by the recognition. 05-683 08/24/05 Mr. Litton expressed appreciation to the Board for the recognition and to his family and parents of the children he has worked with over the years for their support. (It is noted Mr. Unmussig was unable to attend the meeting and the resolution will be presented to him at a later date.) 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 05SN0265 In Midlothian Magisterial District, J. P. ALLISON LLC requests amendment of Conditional Use Planned Development (Case 88SN0257) and amendment of zoninÇJ district map relative to setbacks for child care center uses. The density of such amendment will be controlled by zoning condi tions or Ordinance standards. The Comprehensive plan suggests the property is appropriate for office use. This request lies in a Corporate Office (0-2) District on 2.6 acres located at the northwest quadrant of the intersection of North Providence and Buford Roads. Tax ID 759-707-Part of 4222 (Sheet 7). Mr. Turner stated the applicant has requested a deferral until September 21, 2005. Mr. Andy Scherzer, representing the applicant, requested a deferral until September 21, 2005. Mr. Barber called for public comment. No one came forward to speak to the deferral. On motion of Mr. Barber, secondE.~d by Mr. Miller, the Board deferred Case 05SN0265 until September 21, 2005. Ayes: Barber, King, Humphrey, Miller and Warren. Nays: None. 05SN0269 In Bermuda Magisterial District, CHARLENE OLIVER-DOWNS requests Conditional Use and amendment of zoning district map to permit a family day carE:! home in a Residential (R-25) District. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for residential use of 1-5 acre lots, sui ted to R-88 zoning. This request lies on 1.1 acres and is known as 7113 Creekbluff Ridge Drive. Tax ID 771-644-7316 (Sheet 33). .'- Mr. Turner presented a summary of Case 05SN0269 and stated staff recommended approval subj ect to three conditions. Hie further stated the Planning Commission recommended approval subject to the three conditions as well as acceptance of four proffered conditions. 05-684 08/24/05 Ms. Maureen Scott, representing the applicant, stated the Planning Commission's recommendation is acceptable. Discussion ensued relative to the proffered conditions that restrict the time periods when children may be cared for on site for compensation. In response to Mr. Miller and Mrs. Humphrey's questions, Mr. Turner stated staff recommended approval subject to the three conditions typically associated with requests for conditional uses to permit a family day care. He further stated the proffered conditions were negotiated with the Planning Commission. He stated staff would not suggest that the proffered conditions should be typical for family day care uses. Ms. Scott stated the applicant fully understood all of the proffered conditions. She further stated the applicant would like to be able to care for children during spring break. Mr. King stated Planning Commission member Jack Wilson met with the community and crafted the proffered conditions to address their concerns. He further stated the two-year time limit represents a trial period for the use. He stated both staff and Mr. Wilson have done a good job to provide a win- win situation. Mrs. Humphrey stated, would be for a trial two years and discuss because the conditional use permit period, the applicant could return in additional hours of operation. Mr. Barber called for public comment. No one came forward to speak to the request. Mr. King stated, although the day care facility would be located at the end of a cul-de-sac, there are several bus stops along the way, which led to this compromise. Mr. King then made a motion, seconded by Mr. Miller, for the Board to approve Case 05SN0269 subject to the following conditions: 1. This Conditional Use shall be granted to and Charlene Oliver-Downs, exclusively, and shall not transferable or run with the land. (P) for be 2. There shall be no exterior additions or alterations to the existing structure to accommodate this use. (P) 3. There shall be no signs permitted to identify this use. (P) And, further, the Board accepted the following proffered conditions: 1. This Conditional Use shall protection and guidance chi ldren wi th or wi thou t applicant's own children. be limited to providing care, to a maximum of ten (10) compensation, other than the ( P) 05-685 08/24/05 2. This operation shall be limited to between September 1 and June 30 of each calendar year, except that no operation shall occur on Saturdays and Sundays nor during Spring or Christmas breaks as observed by the Chesterfield County Public School System. Hours of operation shall be limited to between 6:30 a.m. and 9:00 a.m. and between 4:00 p.m. and 6:00 p.m., except that on days when Chesterfield County Schools are closed to students during the aforementioned months, the hours of operation shall be limited to between 6:30 a.m. and 6:00 p.m. (P) 3. This Conditional Use shall be granted for a period not to exceed two (2) years from the date of approval. (P) 4. During the period that the family day care home is not permitted to operate, no children shall be received for care for compensation. (P) Ayes: Barber, King, Humphrey, Miller and Warren. Nays: None. 05SN0266 In Bermuda Magisterial District, GREENBRIAR DEVELOPMENT 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 a Residential (R-12) District. The Comprehensive Plan suggests the property is appropriate for residential use of 2. !31-4. 0 units per acre. This request lies on 14.3 acres fronting approximately 300 feet on the north line of Heritage Drive approximately 1,250 feet v,7est of Harrowgate Road. Tax ID 792-639-3943 (Sheet 34) . Mr. Turner presented a summary of Case 05SN0266 and stated the Planning Commission and staff recommended approval and acceptance of the proffered conditions. Mr. Larry Horton, representing the applicant, stated the recommendation is acceptable. Mr. Barber called for public comment. No one came forward to speak to the request. On motion of Mr. King, seconded by Mr. Miller, the Board approved Case 05SN0266 and accepted the following proffered conditions: 1. The public water and wastewater systems shall be used. (U) 2. Except for timbering approved by the Virginia State Department of Forestry for the pìJ.rpose 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 dE!vices installed. (EE) 05-686 08/24/05 3. All exposed portions of the foundation of each dwelling unit shall be faced with brick or stone veneer. (BI & P) 4. The minimum gross floor area for one (1) story dwelling units shall be 1,600 square feet and dwelling units with more than one story shall have a minimum gross floor area of 1,800 square feet. (BI & P) 5. The applicant, subdivider or assignee (s) shall pay the following to the County of Chesterfield prior to the issuance of building permit for infrastructure improvements wi thin the service district for the property: a. $11,500 per dwelling unit, if paid prior to July 1, 2005; or b. The amount approved by the Board of Supervisors not to exceed $11,500 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. Cash proffer payments purposes proffered or law. shall be spent for the as otherwise permitted by 6. Other than a private drive(s) to serve one (1) dwelling unit located on Tax ID 792-639-3943, there shall be no access from the property to Heritage Drive. (T & P) 7. The overall average lot size of the development shall be a minimum of 20,150 square feet. (P) 8. The development shall dwelling units per acre. not exceed ( P) a density of 1. 85 Ayes: Barber, King, Humphrey, Miller and Warren. Nays: None. 06SR0107 - In Bermuda Magisterial District, KEITH JONES requests renewal of a temporary Manufactured Home Permi t 98SR0226 to park a temporary manufactured home in a General Business (C-5) District. The density of this proposal is approximately 1.05 units per acre. The Comprehensive Plan suggests the property is appropriate for community commercial and light industrial use. This property is known as 1800 Willis Road. Tax ID 797-672-0743 (Sheet 18). Mr. Turner presented a summary of Case 06SR0107 and stated staff recommends approval for a period of seven years subject to conditions. Mr. Keith Jones stated the recommendation is acceptable. Mr. Barber called for public comment. No one came forward to speak to the request. 05-687 08/24/05 On motion of Mr. King, seconded by Mrs. Humphrey, the Board approved Case 06SR0107 subject to the following conditions: 1. The applicant shall be the owner of the temporary manufactured home. 2 The temporary manufactured home permit shall be granted for a period not to exceed seven (7) years from date of approval. 3. No lot or parcel may be rented or leased for use as a temporary manufactured home site nor shall any temporary manufactured home be used for rental property. 4. No addi tional permanent-type living space may be added onto a temporary manufactured home. All temporary manufactured homes shall bE! skirted but shall not be placed on a permanent foundation. Ayes: Barber, King, Humphrey, Miller and Warren. Nays: None. 05SROl15 In Matoaca Magisterial District, FREDERICK YAKELEWICZ AND MARIANNE YAKELEWICZ request reneVl7al of Conditional Use (Case 02SN0246) and amendment of z.oning district map to permit a mobile auto repair and service business. The densi 1:y of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for 1-5 acrE~ lots suited to R-88 zoning use. This request lies in an Agricultural (A) District on 4.5 acres fronting approximately 495 feet on the north line of Lakeview Avenue, approximately 700 felet east of Branders Bridge Road. Tax ID 794-623·-Part of 5456 (Sheet 41) . Ms. BE~verly Rogers presented a summary of Case 05SR0115 and stated the case was deferred previously by the Board to allow the applicants an opportunity to address compliance with previous conditions of zoning and ordinance requirements by submitting the required site plans. She further stated since the Board's deferral of the request in June 2005, the applicants have submitted an approvable site plan provided the request is approved in accordance wi th the proffered conditions that the applicants have submitted. She stated, since the Planning Commission and Board's consideration of the request in June, the applicants have submitted proffered condi tions, which differ from the 2002 condi tional use and the Planning Commission's recommended conditions on the pending case. She further stated the applicants are requesting that the conditional use be granted to their heirs as well as themselves and their immediate family members; that right of way dedication occur within 30 days of approval of the conditional USE! as oppos~:d to prior to site plan approval; that there be no time limit on the conditional use, rather than the two year time limi t recommended by the Planning Commission; that buffers on the eastern and western boundaries be reduced from ti5 feet and 100 feet to 75 feet and 50 feet; and that setbacks from Lakeview Road be reduced from 130 to 100 feet. She reiterated that the applicants have submitted site plans, which are approvable provided the 05-688 08/24/05 ..~ applicants' proffered conditions are acceptable to the Board. She noted the applicant submitted plans this week for the right of way dedication in an acceptable form for processing. She stated there continue to be building code violations on the site which staff will address should the application for renewal be granted. She further stated staff recommends denial because the proposed use fails to comply with the Southern and Western Area Plan and the business being operated on the subject property is in violation of the approved conditions and ordinance requirements. She further stated the Planning Commission recommended approval subj ect to 13 conditions, indicating that the conditions would address the impact of the commercial use on future and existing area development and that any existing violations could be enforced through other channels by staff. Discussion ensued relative to existing building code violations and to the difference between the Planning Commission's recommendation and the applicants' proffered conditions. Mrs. Humphrey stated the Board has never been requested to approve a perpetual condi tional use permit for heirs and other family members. She expressed concerns relative to the setback reduction requested by the applicants. In response to Mr. King's question, Ms. Rogers stated there has been very little movement by the applicants to bring the site into compliance until recently. Mr. Frederick Yakelewicz stated he will accept the Board's approval of the proffered conditions he has outlined. Mr. Barber called for public comment. Ms. Carolyn Temple, accompanied by Everett Temple, stated she represents three additional neighbors. She expressed concerns relative to not restricting the time limit of the condi tional use as well as the number of employees. She stated the applicants seem to be able to do whatever they want prior to acquiring the proper permits and expressed concerns that the applicants might bring tractor-trailers onto the property for repair. Mr. Everett Temple stated he is concerned about allowing the condi tional use permit for family members and heirs of the applicant. He expressed concerns that the applicants have constructed buildings and made other improvements without going through the proper channels. He also expressed concerns relative to the possibility of the applicants repairing vehicles on-site, indicating that he is adamantly opposed to this. No one else came forward to speak to the request. Ms. Rogers provided a comparison of the conditions as approved through the previous conditional use, the Planning Commission's recommendation, and the applicants' suggested proffered conditions. There was brief discussion relative to the condition that deals with right of way dedication. 05-689 08/24/05 Mr. Yakelewicz stated none of his neighbors attended the meeting he held to answer questions regarding renewal of the conditional use. He expressed concerns relative to confusion and misunderstandings regarding building permit requirements in Agricultural Districts. He stated he has no problem granting the county 30 feet of right of way for road improvements. He further stated because his property contains over 1,000 feet of road frontage, he believes the county should allow him some concessions in return for granting the right of way. He stated his intention for granting the conditional use for his "heirs" was merely to allow his daughter and grandson to continue with the business, if they chose to do so. He further stated he has no intention of performin9 mechanical repairs on the property, indicating that all repair work is done at a garage facility at another location as well as on the highways. Mr. King stated Mr. Yakelewicz is getting something in return for dedicating the right of way- the right to operate his business on the property. Mrs. Humphrey stated she received three letters from area residents with some of the same concerns of Mr. and Mrs. Temple. She further stated the applicants improved the agricultural setting of the area through the original request for rezoning of the subject property. She stated there is nothing to indicate that the applicants intend to provide repairs on-site. She further stated she cannot in q-ood faith approve the proffered conditions submitted by Mr. Yakelewicz, which deviate greatly from the Planning Commission's recommendation. She stated both Mr" Yakelewicz' s daughter and grandson would be included in the language recornmended by the Planning Commission" She further stated she appreciates the applicants' movement on the site plan, but has concerns relative to dedication of right of way and bringing the site and buildings into compliance. Discussion ensued relative to unresolved Building Code issues with the applicants' plans. Mr. Witt stated Building Inspection staff is willing to work with the applicants to revise the plans and bring them into compliance, but cannot waive requirements. Mrs. Humphrey stressed the importance of the applicants complying with Building Code requirements. She inquired what concerns the other Board members had regarding the request. Mr. Warren stated, "second." Ms. Rogers clarified that the site plans submitted by the applicants comply with the proffered conditions. She further stated, if the request is approved with the Planning Commission's recommendation, the site plans will require revision to meet those requirements. She stated there is also a development standard waiver currently pending before the Plannin9 Commission to allow a gravel parking area. She further stated if the Commission does not grant the development standard waiver, then the parking area will have to be paved. Mrs. Humphrey stated applicants to bring th~~ she sit~~ is trying to encourage the into compliance. She furt:her 05-690 08/24/05 stated one option would be to remand the request to the Planning Commission, but she believes the best course of action would be to defer the request and allow the applicants to submit a new site plan that complies with the Planning Commission's recommendations. ,..-.... Mr. Yakelewicz expressed concerns that Planning staff has made no attempt to contact him to discuss the proffered conditions he submitted. He stated he has no problems reducing the maximum number of employees allowed. He further stated he needs the requested buffer reduction to construct the handicapped ramp. He stated he is willing to work with Planning staff on the proffered conditions and thinks the issues can be resolved. Mrs. Humphrey made a motion for the Board to defer Case 05SROl15 until September 21, 2005. Mr. Barber stated there was already a motion on the floor. Mrs. Humphrey stated she would withdraw her earlier motion. Mr. Warren stated he would accept the withdrawal. Mr. King seconded Mrs. Humphrey's motion to defer Case 05SROl15 until September 21, 2005. Mr. Miller stated he will support the deferral but will not support the request if the applicant has still not complied with code violations when the case returns next month. - In response to Ms. Rogers' question, Mrs. Humphrey stated she would prefer that the applicant comply with the Planning Commission's recommendations with the exception of Condition 12. She requested that staff attempt to see if a workable compromise can be reached relative to the buffers. She also requested Building Inspection's assistance with the handicapped ramp and restroom accessibility issues. Mr. Barber stated it is troubling to him since the onset of this case that the applicants have chosen not to comply with certain conditions of the conditional use permit. He further stated he does not personally have the confidence based on the history surrounding the case that whatever conditions the Board might choose to impose will be honored and adhered to. He stated he will not stand in the way of a deferral but does not feel obliged to support renewal of the conditional use permit because he does not feel the applicant has upheld his end of the bargain since the permit expired two years ago. - Mr. King stated he, too, will not be obliged to support the case if the applicants have not become compliant within the 30-day deferral time period. Mr. Barber called for a vote on the motion of Mrs. Humphrey, seconded by Mr. King, for the Board to defer Case 05SR0115 until September 21, 2005. Ayes: Barber, King, Humphrey, Miller and Warren. Nays: None. 05-691 08/24/05 Mr. Miller and Mr. Warren excused themselves from the meetin9· 05SN0128 In Matoaca Magisterial District, GLEN ABBEY PARTNERS LLC request rezoning and amendment of zoning district map from Agricultural (A) to Residential (R-12) with Conditional Use to permit recreational faci Ii ties on up to four (4) acres. Residential use of up to 3.63 units per acre is permitted in a Residential (R-12) District. 'rhe Comprehensive Plan suggests the property is appropriate for single family residential use of 2.0 units per acre or less. This request lies on 75.5 acres fronting approximately 510 feet on the northeast line of Otterdale Road approximately l, 620 feet south of Woolridge Road, also fronting approximately 830 feet on the south line of Woolridge Road approximately 2,300 feet east of Otterdale Road. Tax IDs 709-672-8088; 709-673-9924; 710-672-1082; 710-673-1868; and 711-675-0131 (Sheet 15). Mr. Robert Clay stated the only change since the Board last heard Case 05SN0128 on February 23, 2005 was an amendment to the cash proffer language in conformance wi th the recent changes in state law. Mrs. Humphrey stated she intends to limit the public hearing to the amended cash proffer language change only. Mr. John Cogbill, representing the applicant, proposal provides for a maximum of 1:-)1 dwellings He noted the $1.7 million cash proffer will be the needs of the county in the future. He Board" s support of the proposed development. stated the on 75 acres. available for requested the Mr. Barber called for public comment. No one came forward to speak to the request. Mrs. Humphrey made a motion for the Board to approve Case 05SN0128 and accept the proffered conditions, as amended. Mrs. Humphrey stated staff reconunends approval; the request is consistent with both the Upp~--,,?wift Creek Plan and the draft amendment to the Upper Swift Creek Plan; the proffered condi tions adequately mitigate t.he impact on capital facilities and ensure tha.t service levels are maintained for citizens; and the developers have obtained approval from the Department of Environmental Quality and Army Corps of Engineers to construct the first regional BMP in the Upper Swift Creek Watershed, which will help protect the reservoir from the impacts of development. Mr. King seconded Mrs. Humphrey's motion. Mr. Barber called for a vote on the motion of Mrs. Humphrey, seconded by Mr. King, for the Board to approve Case 05SN0128 and accept the following proffered conditions: The Owners and the Developer (the "Developer") in this zoning case, pursuant to Section 15.2-2298 of the Code of Virginia (1950 as amended) and the Zoning Ordinance of Chesterfield County, for themselves and their successors or assigns, 05-692 08/24/05 proffer that the development of the Property known as Chesterfield County Tax Identification Number 709-672-8088, 709-673-9924, 710-672-1082, 710-673-1868, and 711-675-0131 (the "Property") under consideration will be developed according to the following conditions if, and only if, the rezoning request for R-12 is granted and the conditional use for recreational facilities. In the event the request is denied or approved wi th condi tions 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 supersede all proffers and conditions now existing on the Property. 1. Density. A maximum of 151 lots shall be permitted. (P) 2. Utilities. The public water and shall be used, except for sales construction offices. (U) wastewater facilities systems and/or 3. 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 timbering until a land disturbance permit has been obtained from the Environmental Engineering Department and the approved devices have been installed. (EE) 4. Dedication. The following rights-of-way on the Property shall be dedicated, free and unrestricted, to Chesterfield County in conjunction with recordation of the initial subdivision plat. ........ A. Forty- fi ve (45) feet of right-of -way on the side of Otterdale Road, measured from centerline of that part of Otterdale immediately adjacent to the Property. east the Road B. Forty- five (45) feet of right-of-way on the south side of Woolridge Road, measured from the centerline of that part of Woolridge Road immediately adjacent to the Property. (T) 5. Foundations. The exposed surfaces of the foundations of each dwelling shall be covered with brick or stone veneer or exterior insulation and finishing systems (EIFS) materials. (P) 6. House Size. All dwellings shall have a minimum gross floor area of 2,500 square feet. (P) 7 . Buffers. The fifty accordance with the Otterdale and Woolridge recorded open space. (P) (50) foot buffers required in Subdivision Ordinance along Roads shall be located within -~ 8. Cash Proffers. For each 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 05-693 08/24/05 -_..,"-=--"......"""........ 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. Cash proffers shall be SDent for the purposes proffered or as otherwise p~rmitted by law. Should Chesterfield County impose impact fees at any time during the life of the development that are applicable to the Property I the amount paid in cash proffers shall be in lieu of or credited toward, but not be in addition to, any impact fees in a manner determined by the County. 9. Lot. Si ze. All lots shall have a minimum area of 15, 000 square feet. (P) 10. Recreational Facilities. Any recreational facilities shall be subject to the following restrictions. A. There shall be no outside public address systems or speakers. B. With the exception of playground areas which accommodate swings, jungle gyms, or similar such facili ties, all outdoor play fields, courts, swimming pools and similar active recreational areas shall be located a minimum of one hundred (100) feet from any proposed or existing single family residential lot line and ad:jacent to Chesterfield County Tax Identification Number 709- 673-4253 and a minimum of fifty (50) feet from any existing or proposed public !:'oad. (P) C. Wi thin the one hundred (100) foot and fifty (50) foot setbacks, a fifty (50) foot buffer shall be provided along the perimeter of all active recreational facilities except where adjacent to any existing or proposed roads. This buffer shall conform to the requirements of the Zoning Ordinance for fifty (50) foot buffers. D. Any playground areas (i. e., areas accommodating swings, jungle gyms or similar such facilities) shall be located a minimum of forty (40) feet from all property lines. A forty (40) foot buffer shall be provided along the perimeter of these recreational facilities except where adjacent to any existing or proposed roads. This buffer shall conform to the requirements of the zoning Ordinance for fifty (50) foot. buffers. E. Nothing herein shall prevent development of indoor facilities and/or parking wi thin the one hundred (100) foot setback. F. Exterior lighting for recreational uses shall comply with Section 19-508.3 of t:he Zoning Ordinance, and the maximum height for light posts shall not exceed twenty (20) feet. G. The location of all active recreational uses shall be identified in conjunction with the submittal of the first tentative subdivision plan. H. In conjunction with the recordation of any adjacent to active recreational area(s), area(s) shall be identified on the record lot such plat 05-694 08/24/05 along with the proposed recreational uses and required conditions. (P) 11. Curb and Gutter. Public subdivision roads shall be constructed with concrete curb and gutter. (P) 12. Covenants. At a minimum, the following restrictive covenants shall be recorded for the development. Specific terms and definitions shall be set forth in the Covenants and may not be the same as definitions set forth in the Chesterfield County Zoning Ordinance. All terms and definitions set forth in the Covenants shall control this Proffered Condition. - A. Architectural Board. The Architectural Board shall have exclusive jurisdiction over all original construction, modifications, additions or alterations made on or to all existing improvements, and the open space, if any, appurtenant thereto on all property. It shall prepare and, on behalf of the Board of Directors, shall promulgate design and development guidelines and application and review procedures, all as part of the design and environmental standards. The standards shall incorporate all restrictions and guidelines relating to development and construction contained in this Declaration as well as restrictions and guidelines with respect to location of structures upon property, size of structures, driveway and parking requirements, foundations and length of structures, and landscaping requirements. Copies shall be available from the Architectural Board for review. The guidelines and procedures shall be those of the Association, and the Architectural Board shall have sole and full authority to prepare and to amend the standards available to Owners, builders, and developers who seek to engage in development of or construction upon property within their operations strictly in accordance therewith. The Architectural Board shall initially consist of three (3) members, all appointed by the Declarant. At such time as fifty percent (50%) of all property within subject property has been developed, improved, and conveyed to purchasers in the normal course of development and sale, the Board of Directors of the Association shall have the right to appoint a maximum of two (2) additional members. At no time shall the Architectural Board have fewer than three members nor more that five (5) members. At such time as one hundred percent (100%) of all property has been developed, improved, and conveyed to purchasers in the normal course of development and sale, the Board of Directors shall appoint all members of the Architectural Board. The declarant may, at his option, delegate to the Board of Directors its right to appoint one or more members of the Architectural Board. At all times, at lease one (1) member of the Architectural Board shall be a member of the Association, and at least one (1) member shall be an architect licensed to practice in the State of Virginia, who shall also be the Chairperson. B. Mailboxes. Every improved lot shall be required to have a mailbox with supporting post and street light of design and installation as specified in the standards. Each lot owner shall be responsible 05-695 08/24/05 for the maintenance and operation of the fixture, support, and mailbox. C. Parking. Each property owner shall provide space for the parking of automobiles off public streets prior to the occupancy of any building or structure constructed on said property in accordance with the standards. D. Garages. All dwellings wi 11 have side or rear loaded garages. E. Signs. No signs shall be erected or maintained on any property by anyone including, but not limited to, the owner, a realtor, a contractor, or a subcontractor, except as provided for in the standards or except as may be required by legal proceedings. Residential property identification and like signs not exceeding a combined total of more than one (1) square foot may be erected without the written permission of the Declarant or the Association. F. Condition of Ground. It shall be the responsibility of each property owner and tenant to prevent the development of any unclean, unsightly, or unkempt conditions of buildings or grounds on such property which shall tend to substantially decrease the beauty of the neighborhood as a whole or the specific area. G. Minimum Square Footage. No plan required under these Covenants will be approved unless the proposed house or structure has a minimum square footage of enclosed dwelling space as specified in the standards. Such minimum requirement for each lot will be specified in each sales contract and stipulated in each deed. The term "enclosed dwelling area" as used in these minimum size requirements does not include garages, terraces, decks, open porches, and the like areas. "-.' H. Residential Use. (i) All lots shall be used for r'esidential purposes exclusively. The use of a portion of a dwelling on a lot as an office by the owner or tenants thereof shall be considered a residential use if such use does not create customer or client traffic to and from the lot. No structure, except as herein after provided, shall be erected, altered, placed, or permitted to remain on any lot other than one (1) detached single family dWl2lling and one (1) accessory building which may include a detached private garage, provided the use of such accessory building does not overcrowd the si te and provided further that such building is not used for any acti vi ty normally conducted as business. Such accessory building may not be constructed prior to the construction of the main building. (ii) A guest suite or like facility without a ki tchen may be included as part of the main dwelling or accessory building, but such suite may not be rented or leased except as part of 05-696 08/24/05 the entire premises including the main dwelling and provided, however, that such suite would not result in overcrowding of the site. (iii) The provisions of this paragraph shall not prohibit the Developer from using a house as a model as provided in this Declaration. .- I. Exterior Structure Completion. The exterior of all houses and other structures must be completed within one (1) year after the construction of same shall have commenced, except where such completion is impossible or would result in great hardship to the owner or builder due to the strikes, fires, national emergency, or natural calamities. Houses and other dwelling structures may not be temporarily or permanently occupied until the exteriors thereof have been completed. During the continuance of construction the owner of the lot shall require the contractor to maintain the lot in a reasonably clean and uncluttered condition. J. Screened Areas. Each lot owner shall provide a screened area to serve as a service yard and an area in which garbage receptacles, fuel tanks or similar storage receptacles, electric and gas meters, air conditioning equipment, clotheslines, and other unsightly objects much be placed or stored in order to conceal them from view from the road and adjacent properties. Plans for such screened area delineating the size, design, texture, appearance, and location must be approved by the Architectural Board prior to construction. Garbage receptacles and fuel tanks may be located outside of such screened area only if located underground. K. Vehicle Storage. No mobile home, trailer, tent, barn, or other similar out-building or structure shall be placed on any lot at any time, either temporarily or permanently. Boats, boat trailers, campers, recreational vehicles, or utility trailers may be maintained on a lot, but only when in an enclosed or screened area approved by the Archi tectural Board such that they are not generally visible from adjacent properties. L. Temporary Structures. No structure of a temporary character shall be placed upon any lot at any time provided, however, that this prohibition shall not apply to shelter or temporary structures used by the contractor during the construction of the main dwelling house, it being clearly understood that these latter temporary shelters may not at any time be used as residences or permitted to remain on the lot after completion of construction,. The design and color of structures temporarily placed on the lot by a contractor shall be subject to reasonable aesthetic control by the Architectural Board. - M. Antennas. Except as otherwise provide by applicable law, no television antenna, radio receiver or sender, satellite dish, or other similar device shall be attached to or installed on the exterior portion of any building or structure or any lot except that should cable television services be unavailable and good television reception not be otherwise available, a lot owner 05-697 08/24/05 may make written application to the Association for permission to install such a device and such permission shall not be unreasonably withheld. N. Further subdivision. No lot shall be subdivided or its boundary lines changed except with the written consent of the Declarant. However, the Declarant hereby expressly reserves to itself, its successors, or assigns the right to replat any lot or lots owned by it and shown on the plat of any subdivision in order to create modified building lot or replatted lot suitable and fit as a building site including, but no limited to, the recreational facilities, and other amenities to conform to the new boundaries of said replatted lots, provided that no lot originally shown on a recorded plat is reduced to a size smaller than the smallest lot shown on the first plat of the subdivision section. Nothing in this paragraph shall prohibit the combining of two (2) or more contiguous lots into one (1) larger lot, only the exterior boundary lines of the resulting larger lot shall be considered in the interpretation of these covenants. o. Animals. Only common household pet animals shall be permitted. All pet animals must be secured by a leash or lead, or be under the control of a responsible person and obedient to that person 's command at any time they are permitted outside a residence or other enclosed area upon a lot approved by the Architectural Board for the maintenance and confinement of pet animals. No livestock including cattle, horses, sheE~p, goats, pigs, or poultry shall be permitted upon any lot. After giving a lot owner written notice of complaint and reasonable opportunity to remedy the situation, the Board of Directors may order the removal of any pet whi has been a nuisance or a danger. -- P. Motor Bikes All Terrain Vehicles. No motor bikes, motorcycles, or all terrain vehicles shall be driven upon the corrrnon area, lots, or roads (unless properly licensed on roads) with the exception of licensed vehicles and mopeds which shall be operated solely upon the public streets for direct ingress and egress purposes only. Q. External Lighting. No external lightin9 shall be installed or utilized on any property which is of such character, intensi ty, or location as to interfere with the use, enjoyment, and privacy of any lot or owner in the near vicinity. No neon or flashing lights shall be permitted. All external lighting shall be approved by the Architectural Board as appropriate in size, location, color, and intensity. R. Swimming Pools. No swimming pool, whether in ground or above ground, whether permanent or temporary, shall b::! installed upon any lot without the prior written consent of the Architectural Board. The Architectural Board shall require that all swimming pools be adequately screened. S. Rules and Regulations. The Board of Directors is granted and shall have the power to promulgat,e rules and regulations, from time to time, governing 05-698 08/24/05 the use of and acti vi ty upon the Common Area and the Recreational Facilities (if the Recreational Facilities are owned or leased by the Association) . All rules and regulations promulgated by the Board of Directors shall be published and distributed to each member of the Association at least thirty (30) days prior to their effective date. T. Buffers. Notice is hereby given to every homeowner and by purchasing a home in Fox Creek Subdivision each homeowner acknowledges and agrees that no homeowner in the Fox Creek Subdivision nor the homeowners association may negotiate, request, demand, or argue for a buffer or tree save area between the Fox Creek Subdivision property line and Chesterfield County Tax Identification Number 709- 673-4253, also known as the parcel owned by Stopf Montez Development LLC (Stopf), so long as the requested zoning and use of the Stopf property is for single-family residential development of lot sizes 12,000 square feet or larger along the property line between Stopf and the Fox Creek Subdivision. (P) 13. Garages. garages. All dwellings will have side or rear loaded (P) ,~ 14. Best Management Practice (BMP) Facility. The developer shall leave in place temporary sediment control devices and/or construct new BMP's or combinations of BMP's which would achieve a maximum phosphorous runoff limit of 0.22 pounds per acre per year until Chesterfield County obtains its initial permit for the implementation of the Upper Swift Creek Watershed Plan. (EE) 15. Access. No direct access shall be provided from the Property to Woolridge and/or Otterdale Roads. (T) 16. Transportation. To provide an adequate roadway system, the Developer shall be responsible for the following improvements. If any of the improvements are provided by others, or if they are determined unnecessary by the Transportation Department, then the specific required improvement shall no longer be required by the Developer. A. Widening/improving the south side of Woolridge Road and the east side of Otterdale Road for the entire Property frontage to an eleven (11) foot wide travel lane, measured from the existing centerline of each road, with an additional one (1) foot wide paved shoulder plus a seven (7) foot wide unpaved shoulder, and overlaying the full width of both roads with one and one half (1.5) inch of compacted bituminous asphalt concrete, with modifications approved by the Transportation Department. - B. Dedication to Chesterfield County, free and unrestricted, any addi tional right-of-way (or easements) required for the improvements identified above. (T) 05-699 08/24/05 17. Phasing Plan. Prior to any construction plan approval, a phasing plan for the required road improvements, as identified in Proffered Condition 16, shall be submitted to and approved by the Transportation Department. (T) Ayes: Barber, King and Humphrey. Nays: None. Absent: Miller and Warren. Mr. Miller and Mr. Warren returned to the meeting. 05SN0276 In Bermuda Magisterial District, SONNY CURRIN requests rezoning and amendment of zoning district map from Residential (R-7) to Corporate Office (0-2) with Conditional Use of 1.0 acre; Residential (R-7) to Corporate Office (0-2) of 0.8 acre and Community Business (C-3) to Community Business (C-3) of 9.1 acres plus Conditional Use planned Development on 10.9 acres. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for community mixed use and mixed use corridor use. This request fronts approximately 800 feet on the south line of Iron Bridge Road, also fronts the west line of West Booker Boulevard in two (2) places for a total of approximately 400 feet. Tax IDs 779-652-9168 and Part of 6471; and 780-652-1448, 1556, 1685 and 2380 (Sheet 26). Ms. Jane Peterson presented a summary of Case 05SN0276 and stated staff recommends approval subject to the applicant addressing minimum yard requirements of the ordinance; and removal of the use, outside storage and architectural compatibility exceptions relative t.o a landscape contractor's shop and storage yard. She further stated staff is recommending the imposition of the condi tion in the staff analysis, which excludes the contractor use and side and rear setback exceptions and also that Proffered Condition 1 regarding approval of the entire Textual Statement not be accepted. She stated the Planning Commission recommended approval subj ect to the applicant addressing the required sideyard setbacks for development from the adjacent residentially zoned property to the east and the location of the modular unit for the proposed contractor's business and also recommended the imposition of two conditions that address these issues and accE~ptance of Proffered Conditions 2 through 9 in the staff report, which excludes the acceptance of Proffered Condition 1. Mr. Andy Scherzer, representing the applicant, stated the case is complicated because of existing conditions on the si te. He further stated there is a landscape contractor's yard existing on the property and the applicant is requesting that it be allowed to remain as a temporary use in a modular office until more permanent facilities can be constructed or the contractor's use might be relocated. He stated the applicant has relinquished its request for a setback variation along the eastern border and will be honoring the 30-foot buffer established in the previous conditional use. He further stated the applicant is requesting a variation for the rear setback as a result of coordinating buffers with a previously approved zoning rE~quest. 05-700 08/24/05 Mr. Barber called for public comment. Mr. Steve Arthur, a resident of West Booker Boulevard, expressed concerns relative to increased traffic and stated he opposes the request, indicating that he would prefer that the area remain residential rather than commercial. Mr. Scherzer stated the applicant sees the office uses as an appropriate transition from the existing commercial uses to the residential neighborhood. Mr. Arthur stated there are more neighbors present who oppose the request and there are others in opposition who could not attend the meeting. Mr. Scherzer stated no direct access to West Booker Boulevard is proposed at this time; however, the applicant would like to have this access if he is successful in purchasing the property located between the two R-7 parcels that are the subject of this request. He further stated there can be no access onto West Booker Boulevard from the R-7 parcel which fronts Iron Bridge Road because it is too close to the intersection of the two roads. Ms. Peterson stated the current proffered conditions would not preclude access from the two lower office tracts to West Booker Boulevard. - Ms. Karen Coleman, representing her mother who resides at 12310 West Booker Boulevard, expressed concerns that traffic accessing West Booker Boulevard from the lower tracts would come directly in front of her property. Mr. Currin stated at the present time he has no intentions of providing an access onto West Booker Boulevard. He further stated he will have access from the Kroger Shopping Center as well as off of Route 10. He stated, if he is able to acquire additional property in the future, he will return to the Board with a rezoning request and will ask for access at that time. Mr. King inquired whether the writing not to have an access to additional property is acquired. applicant would agree in West Booker Boulevard until Mr. Warren stated he supports the request as recommended by the Planning Commission. - Mr. Miller stated he was hoping to be able to help the residents by requiring that plans for access to West Booker Boulevard would come back to the Board. Mr. Currin stated he is willing to agree not to provide an access onto West Booker Boulevard unless he acquires additional land and returns to the Board with the request to do so. Mr. Micas stated state law precludes acceptance of an additional proffered condition at this point, but the Board can impose a condition as part of the Conditional Use Planned Development. 05-701 OS/24/05 Discussion ensued relative additional condition, which Booker Boulevard. to possible language would preclude access for an to West Ms. Peterson stated Condition 3 would read, "There shall be no access to West Booker Boulevard." Mr. King made a motion for the Board to approve Case 05SN0276 subject. to conditions, including the imposition of Condition 3 relative to access to West Booker Boulevard, and acceptance of the proffered conditions. Mr. Barber seconded Mr. King's motion and inquired whether the condi tion would preclude the applicant from receiving access to West Booker Boulevard in the future if additional property is acquired by the applicant. Mr. King stated he agrees with Mr. Barber's suggestion that if the additional property is acquired, the applicant should be allowed to acquire access to West Booker Boulevard. Mr. Currin stated access is businesses, indicating that at return and request access to additional property is acquired. crucial to the proposed some point he may need to West Booker Boulevard if There being no one else to speak to th,e request, the public hearing was closed. Ms. Peterson stated with Mr. King's motion, the Board might want to look at not accepting Proffered Condition 1 because it is repetitive and would be in conflict with the Board's imposed condi tion. She clarified that Mr. King's motion would include acceptance of Proffered Conditions 2 through 9 and the imposition of three conditions, including the additional condition relative to access to West Booker Boulevard. In response to Mr. Miller's concerns, Ms. Peterson stated the applicant could return to the Planning Commission and Board of Supervisors to request an amendment to the additional condition relative to West Booker Boulevard access. Mr. Barber called for a vote on the motion seconded by Mr. Barber, for the Board to 05SN0276 subject to the following conditions: of Hr. King, approve Case 1. With the exception of Item II. a), dated August 4, 2005, shall be Plan. (P) the Textual Statement considered the Master 2. The temporary modular building shall be located generally at the rear of the subject property in close proximi ty to the outdoor storage as shown on the site plan titled "Chester Southern States", prepared by Dean E. Hawkins, ASLA and dated September 19, 2001. (P) (NOTE: This condition Statement IV. b.) l' c' ~. H1 addition to Textual 05-702 OS/24/05 3. There shall be no access to W. Booker Boulevard. (T) (NOTE: This condition is in addition to Proffered Condi tion 6.) And, further, the Board accepted the following proffered conditions: (STAFF NOTE: PROFFERED CONDITION 1. WAS NOT ACCEPTED.) 2. Utilities. Public water and wastewater systems shall be used. (U) 3. Timbering. Except for the timbering approved by the Virginia State Department of Forestry for the purpose of removing dead or diseased trees, there shall be no timbering on the Property until a land disturbance permi t has been obtained from the Environmental Engineering Department and the approved devices have been installed. (EE) 4. Architecture. Except as noted in Textual Statement Item IV, the architectural treatment of buildings, to include materials, color and style, shall be compatible with the Boulders Commons Office Condos, except that brick shall incorporated into a minimum of thirty (30) percent of the total square footage of the building facade. Compatibility may be achieved through the use of similar building massing, materials, scale, colors or other architectural features. (P) 5. Transportation. Prior to any final site plan approval, one hundred (100) feet of right of way on the south side of Ironbridge Road (Route 10), measured from the centerline of that part of Route 10, immediately adjacent to the property, shall be dedicated, free and unrestricted, to and for the benefit of Chesterfield County. (T) 6. Access. Direct access ("Route 10 Access") from the property to Route 10 shall be limited to one (1) entrance/exit, generally located at the western boundary of the parcel identified as Tax ID 779-652-9168. The exact location of this access shall be approved by the Transportation Department. No direct access shall be provided from the parcel identified as Tax ID 780- 652- 2380 to West Booker Boulevard. (T) 7 . Road Improvements. system, the developer following: To provide shall be an adequate responsible roadway for the a. Construction of additional lane of pavement along the eastbound lanes of Route 10 for the entire property frontage; b. Construction of an additional lane of pavement along the eastbound lanes of Route 10 at the Route 10 Access and at the West Booker Boulevard intersection to provide a separate right turn lane; c. Construction of additional pavement along the westbound lanes of Route 10 at the crossover that aligns West Booker Boulevard to provide an adequate 05-703 OS/24/05 left turn lane. The exact length of this improvement shall be approved by the Transportation Department; d. Construction of additional pavement along West Booker Boulevard to provide a three-lane typical section (i.e., one (1) southbound lane and two (2) northbound lanes) at its intersection with Route 10. The exact length of this improvement shall be approved by the Transportation Department; e. Full cost of traffic signalization at the West Booker Boulevard/Route 10 intersection, if warranted as determined by the Transportation Department; f. Construction of a sidewalk along the south side of Route 10 for the entire property frontage. The exact design and location of this improvement shall be approved by the Transportation Department; and g. Dedication to Chesterfield County, free and unrestricted, any additional right-of -way (or easements) required for the improvements identified above. In the event the developer is unable to acquire any "off-site" right-of-way that is necessary for any improvement described in Proffered Condition 7, the developer may request, in writing, that the County acquire such right-of- way as a public road improvement. A,ll costs associated with the acquisition of the riç;rht-of-way shall be borne by the developer. In the event the County chooses not to assist the developer in acquisi tion of the "off-si te" right-of--way, the developer shall be relieved of the obligation to acquire the "off-site" right-of-way and shall provide the road improvements within available right-of-way as determined by the Transportation Department. (T) 8. Phasing. Prior to any final si te plan approval, a phasing plan for the requir'ed road improvements, as identified in Proffered Condition 7, shall be submitted to and approved by the Transportation Department. The approved phasing plan shall requ,ire, if warranted as determined by the Transportation Department, the right turn lane along Route 10 at the West Booker Boulevard intersection as identified in Proffered Condition 7.b. and the road improvements identified in Proffered Condi tions 7. c, 7. d, and 7. e. to be provided wi th any development that includes access to West Booker Boulevard. (T) 9. Drainage. For any storm water drainage that will discharge to the eastern boundary into Carver Homes Sites Subdivision either the drainage shall be retained and released at a rate that can be handled by the existing storm sewer system, or improvements to the downstream storm system needed to handle this development shall be madE~. (EE) Ayes: Barber, King, Humphrey, Miller and Warren. Nays: None. Mr. King excused himself from the meeting. 05-704 OS/24/05 05SN0280 In Clover Hill Magisterial District, THE ARGENT GROUP requests Conditional Use Planned Development and amendment of zoning district map to allow a second freestanding identification sign. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for general commercial use. This request lies on 4.8 acres fronting approximately 450 feet on the south line of Midlothian Turnpike approximately 140 feet east of Research Road, also fronting approximately ninety (90) feet on the east line of Research Road approximately 300 feet south of Midlothian Turnpike. Tax IDs 743-708-4366, 4688, 5588, 6368, 6883, 7498 and 7869 (Sheet 6) . Ms. Peterson presented a summary of Case 05SN0280 and stated staff recommended denial because the current sign standards provide adequate identification for uses on the property and approval of this request could encourage other businesses to seek similar exceptions. She further stated the Planning Commission recommended approval subject to one condition, which limits the size and height of the second project identification sign on Research Road. In response to Mr. Miller's question, Ms. Peterson stated the Planning Commission did not state anything specific relative to their rationale for recommending approval, except that they would limit the size of the sign on Research Road to what would be permitted if Research Road was a collector road. She noted the ordinance permits two project identification signs when a project fronts arterial or collector roads. She noted Research Road is not a collector road or a major arterial, so the project is not permitted as second project identification signs. Mr. Andy Scherzer, representing the applicant, stated the original nonconforming signage on this site has been reduced in size from approximately 1,178 square feet to approximately 250 square feet. He further stated over 5,000 trips per day are generated on Research Road but because the Comprehensive Plan does not designate it as a collector road, a second project identification sign is not permitted. He stated the applicant believes the spirit and intent of allowing a second project identification sign is met by the amount of traffic on Research Road. He noted the applicant bought out a three- year billboard lease in order to remove it and provide a good quality development on the subject property. Discussion ensued relative to the height of allowable and proposed signs on the subject property. - Mr. Barber called for public comment. No one came forward to speak to the request. On motion of Mr. Warren, seconded by Mr. Miller, the Board approved Case 05SN0280 subject to the following condition: 05-705 OS/24/05 A freestanding sign permitted on Research thirty (30) square feet ( P) identifying the project shall be Road. Such sign shall not exceed in area and eight (8) feet in height. Ayes: Barber, Humphrey, Miller and Warren. Nays: None. Absent: King. 05SN0282 In Midlothian Magisterial District, J. K. TIMMONS requests rezoning and amendment of zoning district map from Agricultural (A) to Residential (R-15). Residential use of up to 2.9 units per acre is permitted in a Residential (R-15) District. The Comprehensive plan suggests the property is appropriate for residential use of 1.01 to 2.5 units per acre. This request lies on 6.0 acres fronting approximately 550 feet on the west line of Winterfield Road approximately 1,050 feet south of Elmstead Road. Tax IDs 725-711-9629 and 726-711-1622 (Sheet 5). Mr. Robert Clay presented a summary of Case 05SN0282 and stated staff recommended approval subject to the applicant addressing density and lot size issues. He noted the request conforms with the Midlothian Area Community Plan. He stated staff noted that the subject property has sole access to an existing development and typically in such situations, the developer is requested to provide densi ties and lot sizes comparable to the existing development, but the applicant is not willing to do that. He further noted that the impact on capital facilities has been addressed. He stated the Planning Commission recommended approval and acceptance of the proffered conditions, noting that it complies with the Plan and the impact on capital facilities has been addressed. Mr. Miller noted that the development would have development. ten lots proposed for the subject a minimal impact on existing Mr. Andy Scherzer, representing the applicant, stated the applicant submitted the same proffered condi tions as those approved for the adjacent development. He stated lot widths will all be the same and visually there will be no difference in lot sizes. He requested the Board's support of the project. Mr. Barber called for public comment. No one came forward to speak to the request. On motion of Mr. Barber, seconded by Mr. Miller, the Board approved Case 05SN0282 and accepted the following proffered conditions: 1. Public water and wastewater systems shall be used. (U) 2. Except for the timbering approved by the Virginia State Department of Forestry for the purpose of removing dead or diseased trees I there shall be no timbering on the Property until a land disturbance permit has been obtained from the Chesterfield County Environmental 05-706 OS/24/05 Engineering Department and the approved devices have been installed. (EE) 3. The Applicant, subdivider, or assignee(s) shall pay the following to the County of Chesterfield, prior to the issuance of building permit, for infrastructure improvements wi thin the service district of the Property: a. $11,500.00 per lot if paid prior to July 1, 2005; or b. The amount approved by the Board of Supervisors not to exceed $11,500.00 per lot 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. Cash proffer payments purposes proffered or law. (B&M) shall be spent for the as otherwise permitted by 4. The Property shall be subdivided into no more than 10 residential lots. (P) 5. The minimum gross floor area for each dwelling unit shall be 2,200 square feet. (P) 6. In conjunction with the recordation of the initial subdivision plat, thirty-five (35) feet of right-of-way on the west side of Winterfield Road, measured from the centerline of that part of Winterfield Road immediately adjacent to the property, shall be dedicated, free and unrestricted, to and for the benefit of Chesterfield County. (T) 7. There shall be no direct access from the property to Winterfield Road. (T) 8. In conjunction with development of the initial section, the developer shall be responsible for relocation of the ditch to provide an adequate shoulder, as determined by the Transportation Department, along the west side of Winterfield Road for the entire property frontage. The developer shall dedicate, free and unrestricted, to and for the benefit of Chesterfield County, any additional right-of-way (or easements) required for this improvement. (T) 9. All driveways shall be constructed of hard-surface materials, which may include asphalt, concrete, aggregate materials, brick or stone pavers, or similar materials or substances. (P) 10. All exposed portions above grade of the foundations of each dwelling shall be covered with brick, stone, or dryvi t. (P) 11. In conjunction with the recordation of any subdivision plat, the following restrictive covenants shall be recorded: 05-707 OS/24/05 a. All coal burning or wood burning fireplaces shall have brick or stone chimneys; gas or ornamental fireplaces may be wall-vented with no chimneys as allowed by applicable building codes; however, such vented enclosures shall not be cantilevered and must have a base to match the foundation. (P) b. Except as stated herein, all dwellings that provide a garage shall employ a side or rear entry garage design; provided, however, if the provision of a side or rear entry garage cannot be reasonably or feasibly accomplished because of features on or around the lot, such as topography, utility and drainage features and easements, grading, or other applicable features or governmental requirements that would effectively prohibit the provision of safe access and orderly design of the lot if a side or rear garage design is employed, then a dwelling may employ a front entry garage. (P) 12. All lots shall have a minimum lot area of twenty thousand (20,000) square feet. (P) 13. A public water and sewer through the development to (U) easement existing shall be provided Winterfield Road. Ayes: Nays: Absent: Barber, None. King. Humphrey, Miller and Warren. Mr. Barber requested a fi ve--minute recess. Reconvening: -' Mr. King returned to the meeting. 16. PUBLIC HEARINGS 16.A. TO CONSIDER ADOPTION OF AN ORDINANCE CREATING THE POWHITE PARKWAY-CHARTER COLONY PARKWAY INTERCHANGE SERVICE DISTRICT FOR ROAD CONSTRUCTION IMPROVEMENTS AT CENTERPOINTE Ms. Dickson stated this date and time has been advertised for a public hearing to consider adoption of an ordinance creating the powhi te Parkway--Charter Colony Parkway Interchange Service District for road construction improvements at Centerpointe. She further stated in 2004, the General Assembly amended State Code to allow local governments to create service districts to fund the construction of road improvements. She reviewed criteria recommended by staff for service districts, including being consistent wi th economic development goals; participation in financing of the improvements by owners in the defined areas; established only for large road improvements that benefit a broad area; and financial considerations support the districts. She stated there are conditions for the specific proposal to finance the powhite Parkway-Charter Colony Interchange requiring that interchange construction or a financing plan for construct:ion of the interchange be in place prior to additional development. She further stated establishment of the service district will improve the 05-708 OS/24/05 - availability of transportation service within the service district by constructing a single point, urban interchange and will allow property to be developed prior to completion of the interchange. She stated the facilities and services proposed include construction of a single point, urban interchange at the powhite Parkway/Charter Colony Parkway intersection and widening of a section of powhi te Parkway approximately 3,000 feet east and west of the intersection. She provided a map depicting the boundaries of the proposed service district, which include the developments of Centerpointe, Acropolis and Waterford. She stated the projected cost of the interchange at time of financing is $43 million, and proposed revenue sources include a supplemental real estate tax of $0.15 per $100 of assessed value on all property located within the boundaries of the district and 50 percent of the incremental increases in real estate tax revenue due to increased assessments on property within the service district. She further stated the financing assumes 75 percent build-out over 20 years; average assessed value per square foot and historical reassessment increases; inclusion of all land within the district boundaries, including all existing developed property as well as the residential component; and completion of the project in phases when development within the district generates revenue to support financing the project. She stated creation of a service district requires a public hearing to adopt the ordinance; does not require land owner petition; the county must demonstrate a plan for improvements; and by ordinance, the county will segregate the additional taxes collected to provide the service or improvement. She further stated benefits of the service district include economic development; putting a plan in place to ensure the interchange is constructed; and improved vehicular access and traffic flows. She stated the proposed ordinance would be effective January 1, 2006; provides for restrictive use of revenues; establishes the boundaries for duration of the district; and triggers Board of Supervisors review upon completion of construction. Mr. Barber called for public comment. Mr. Tyler Craddock, representing the Homebuilders Association of Richmond, commended the Board for its decision to use this funding mechanism for the road construction improvements at Centerpointe. Mr. Gary Gallagher, representing Colony Crossing, stated when his property was acquired from Waterford in the Fall of 2004, an agreement was made whereby Waterford paid a large sum of money and dedicated most of the interchange right of way on the south side in exchange for a block of density being developed and carved out of the proffer. He further stated Colony Crossing views the agreement as a shelter from the proffer and believes it should be characterized as existing prior to this ordinance. He stated he supports the idea of the interchange and the growth it brings, but feels the benefit inures to future development and unduly burdens existing developments retroactively. He requested that existing uses be removed from the district, indicating that this will have a minimal impact on the matrix. In response to Colony Crossing Mr. King's question, Mr. has several buildings Gallagher currently stated under 05-709 08/24/05 construction and others in the planning stages that could withdraw the permits very quickly. He further stated he believes Waterford has in effect already paid for a portion of the interchange with the widening of Charter Colony Parkway and the granting of right of way, and should not be further burdened. In response to Mr. Warren's question, the interchange is not necessary for Charter Colony' project. Mr. Gallagher stated the success of the In response to Mr. Miller's question, Mr. Gallagher stated he views the additional traffic that could be brought to Charter Colony as an intangible benefit. Mr. Tim Lockley, Managing Partner of Advance Tech LLC, stated the company pays nearly $30,000 annual1y in county taxes. He further stated he could have 10cated his company in an enterprise zone in Richmond and received tax benefits or in powhatan with a $25 business license, but he dE~cided to locate in the county because it is where he resides. He stated he now regrets that decision because of this additional tax burden. He further stated the county has indicated it supports small business, but the proposed tax represents an unfair and reasonable burden on certain small businesses because the interchange will benefi t the entire western portion of Chesterfield County. In response to Mr. Barber's question, Mr. Lockley stated Advance Tech LLC is constructing an 11,000 square foot building, of which 6,000 square fE:!et will be occupied and the remainder will be used for future expansion or subleasing. c....- Mr. Carl Fears, a county resident, business owner and property owner at the Colony Crossing Development, stated cash proffers were paid and road improvements made by the owner of the property he purchased. He further stated he believes extension of the powhite Parkway could actually funnel traffic away from his site because of its toll road nature. Ms. Jane Watkins, President and CEO of Virginia Credit Union, stated she opposes inclusion of the credit union's operation center property located at 13505 Tredegar Lake Parkway in the proposed service district. She further stated she appreciates the county's need for additional funding to construct the interchange but does not feel it is appropriate for the credit union's property to be included in the service district because the master plan for the facility was approved in 2003 with no mention of this district; the facility is not open to the public or to its members; and by law, the credit union cannot get into the business of developing land for uses other than credi t union purposes. She stated the site was selected because over 75 percent of the members live in the county. She further stated the credit union is a non-profit entity, obligated to act as good stewards of its members' deposits. She stated inclusion in the district would result in increased costs to members without the corresponding benefits that would be afforded the owners of undeveloped property in the district. She expressed concerns that the uncertainty regarding the cost of the interchange project and the length of time it would take the county to amass the necessary funds creates budgetary 05-'710 08/24/05 concerns for the credit union. reject the county's proposal to Union's property in the proposed She requested that the Board include the Virginia Credit service district. Ms. Lisa Murphy, representing the Virginia Credit Union, stated the credit union will not be able to recoup the cost of the additional tax imposed by the service district. She further stated the credit union and other existing developments have provided right of way dedications and road improvements associated with the approval of the uses of their property. She stated she feels it would be appropriate to exclude the credit union from the service district and consider it for inclusion at the time of conveyance if it were sold in the future to a user who could develop it or could somehow recoup the costs of the additional tax. In response to Mr. Warren's question, Ms. Murphy stated the credi t union has already invested a lot of money into its facility and she does not think inclusion into the service district would cause them to relocate, but it would cause enormous budgetary issues. Mr. Bryan Bell, representing the Cedar House School, stated his day care center will be opening in two weeks. He further stated he believes taxation through a service district is inconsistent with the historic funding for other development proj ects . He stated the service district will place the burden for the project on a small number of business owners, and he believes the plan is extremely unfair to the business owners who will be impacted. He further stated he understands the rationale behind the service district that the taxes will be levied upon those presumed to benefit from it. He stated the day care center is already at two-thirds capacity prior to opening without the benefit of the interchange and additional traffic flow. He further stated the interchange project would actually be detrimental to the business because it would cut through what is currently the facility's playground. He expressed concerns relative to the increased property taxes he would incur wi th the service district, indicating that it would significantly impact his business. He stated he believes this method of taxation is unwise and contradictory to the long-term interest of the county as a whole because it creates an unstable taxation climate, and it is inconsistent, unfair and unwise. Mr. Barber clarified that real estate taxes generally do not fund road building - it is the state's responsibili ty, but the General Assembly has ignored that responsibility year after year. ,- Mr. Ramsey clarified that the proposed service district would add 15 cents to the county's current tax rate of $1.07, which is approximately a 14 percent increase. He stated staff believes property values within the proposed service district will increase as a result of all properties increasing in the future, but the interchange should have no impact on the property assessments. Mr. Bell inquired about the Board's process for making an ultimate decision regarding the service district. Mr. Barber stated Mr. Miller suggested at the Budget and Audit Committee meeting prior to this afternoon's Board 05-711 08/24/05 meeting that t.he issue be deferred for a short period of time to allow staff to gather additional data and make an assessment relative to the time period for build-out. Mr. Andrew Pagalis, representing Acclaim Properties, LLC, expressed concerns relative to Acclaim being included in the service district. He stated Acclaim is not currently obligated to pay for additional highway improvements because the zoning case governing Centerpointe requires the developer to pay for certain improvements linked to future development. He further stated Acclaim is not in the development business, and the property was purchased because of its proximity to the hospital and the fact that it is only 2,000 feet away from the Lucks Lane/Route 288 Interchange. He stated Acclaim's parcel cannot be further developed and the purported benefits of the ordinance do not apply to his business. He expressed concerns that it is difficult to prognosticate future property values, but as assessed values increase, so too would the proposed supplemental tax as well as the relative decrease of Acclaim's market value. He stated Acclaim is required to pass the additional taxes on to tenants and would therefore be forced to increase rental rates above what would otherwise be market in order to recapture some of the costs, which will create a competitive disadvantage that was not anticipated when the property was acquired from the developer who currently has the obligation to provide the road improvements. He expressed concerns relative to Acclaim's inclusion in the ordinance, indicating that easing the burden of future de'\relopment at Acclaim's expense represents redistribution of. wealth among private parties and not an appropriate county function. He stated it is not fair to ask the property owners to contribute towards the developers' construction obligat,ions and requested that the Board consider either a revised version of the ordinance or other funding mechanisms. In response to Mr. Warren's question, although the additional tax would cause Acclaim's market value, he does not know a good business decision to sell. Mr. pagalis stated an instant drop in whether it would be Mr. John Easter, representing Acclaim Properties, LLC, stated Acclaim's facility was built in 1989 and there is no ability for future development. He further stated, under the county's zoning process, Acclaim met all of the county's requirements for constructing its dENelopment and has no obligation to provide for road improvements unless it were to develop further, which is not possible He stated the effect of the service district would be to transfer the obligation that is now entirely on undeveloped parcels to the developed parcels, indicating that this is fundamentally unfair. He commended the Board for taking this approach of a creative mechanism for a good economic development purpose, but does not believe it should be applied t.o property owners who are already developed and fully developed with no potential to expand. He stated philosophically the interchange should be paid for those who will benefit from it, including the small communities of Brandermill, Watennill, Edgewater and Woodlake. He further stated the proposal is not rational as far as those who are responsible t.O pay for the interchange. Mr. Merrill Playstead, reprE!senting Thalhimer Real which handles marketing of the Wate:cford property, Estate, stated 05-712 08/24/05 there is approximately 100 acres that has not been sold that is fully developed with roads and utili ties. He further stated the service district is a creative way of addressing long-range road needs and the only solution that would permit Waterford to go forward at this point. He commended the Board for developing this creative plan. Ms. Shelly Schuetz expressed concerns relative to her belief that negotiations for the new middle school site that allowed the developer to be relieved of obligations to provide road improvements. She stated the county should be encouraging residents from other localities to invest in Chesterfield because of the residential development and expressed concerns that this additional tax might discourage outside investors from locating in the county. Ms. Andrea Epps stated, although she sympathizes with the business owners, the interchange is necessary to alleviate traffic and address safety concerns on area roads. No one else came forward to speak to the issue. Mr. Barber expressed concerns that the state has stopped addressing road construction needs. He stated he would like staff to investigate the impact of removing the businesses that are fully developed from the service district on the length of time for the interchange to be built as well as the overall revenue. Mr. Miller stated he would be interested in staff's determination relative to the impact of exempting existing fully developed businesses from the service district. He further stated this is an economic issue, and it is obvious to him that the interchange needs to be built. He requested that staff differentiate between property that is fully developed and property that is partially built-out. He also requested that staff provide data relative to the impact of not adopting the ordinance. In response to Mr. Barber's question, Ms. Dickson stated it was recommended in the Budget and Audi t Commi t tee that the ordinance be adopted with an effective date of January 1, 2006 and a back dated caveat for inclusion or exclusion of certain parcels. Mr. Ramsey stated the ordinance must be advertised three times and recommended deferring the issue until October 12, 2005. - Mrs. Humphrey stated she wants to see the data relative to excluding certain property owners from the ordinance. She also requested details of the zoning obligations towards the interchange of each of the developers of the three parcels of the original zoning - Acropolis, Waterford and Centerpointe. She stated the legislation is designed so that everyone who uses the interchange directly be included in the service district. She further stated the residents and the Task Force for Responsible Growth have demanded road improvements, indicating that she would be receptive to including additional property in the area and making the district larger. 05-713 08/24/05 Mr. Warren stated he believes the ordinance would be contrary to the county's vision of reducing the taxes of existing businesses and promoting new business in the county. He expressed concerns relative to the equity of increasing the taxes of certain businesses in the county. He stated cash proffers need to be increased to assist with transportation issues. He further stated he would like to see details of a cost benefit analysis provided to all Board members. Discussion ensued relative to information discussed in Budget and Audit Committee meetings. Mrs. Humphrey stated she believes there are mélny valid reasons why the service district will be a challenge, and it is unfortunate that the county must consider the district because the General Assembly is not providing for the county's transportation needs. She suggested that residents discuss county road needs with their state legislators. Mr. Miller made a motion, seconded by Mr. King, for the Board to defer consideration of an ordinance to create the powhite Parkway-Charter Colony Parkway Interchange Service District for road construction improvements at Centerpointe until October 12, 2005. Ayes: Barber, King, Humphrey, Miller and Warren. Nays: None. Mr. King made a motion, seconded by Mrs. Humphrey, for the Board to suspend its rules at this time to allow to consideration of agenda items after 11:00 p.m. Ayes: Barber, King, Humphrey, Miller and Warren. Nays: None. Mrs. Humphrey and Mr. Miller excused themselves from the meeting. 16.B. TO CONSIDER AMENDING SECTION 17-73 OF THE SUBDIVISION ORDINANCE RELATING TO STANDARDS FOR PAVING OF STREETS AND ACCEPTANCE INTO THE STATE SYSTEM Mr. McElfish stated this date and time has been advertised for a public hearing for the Board to consider amendments to the subdivision ordinance relating to standards for paving of streets and acceptance into the state system. Mr. Barber called for public comment. Mr. Tyler Craddock, representing the Homebuilders Association of Richmond, stated he supports the proposed ordinance amendments. There being no one else to speak to thiê! ordinance amendments, the public hearing was closed. On motion of Mr. Barber, seconded by Mr. Warren, the Board adopted the following ordinance: 05-714 08/24/05 AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING AND RE-ENACTING SECTION 17-73 RELATING TO STANDARDS FOR PAVING OF STREETS AND ACCEPTANCE INTO THE STATE SYSTEM BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Section 17-73 of the Code of the County of Chesterfield, 1997, as amended, is amended and re-enacted to read as follows: Sec. 17-73. Installation of improvements and bonding. (a) Prior to record plat approval, after all other required approvals are obtained, all improvements shown on the approved construction plans shall be completed to the satisfaction of the directors of environmental engineering and utilities, at the expense of the subdivider. In lieu of actual completion of the required improvements, the subdivider may record a plat by furnishing to the director of environmental engineering surety in the form approved by the county attorney's office consisting of: (1 ) A certified check; (2 ) Cash escrow; (3) A surety bond; or (4 ) A bank's letter of credit. The amount of the surety shall be sufficient to cover the costs and guarantee the installation and completion of all required improvements. The surety amount shall be approved by the director of environmental engineering based upon unit prices for new construction in the county. The surety may also include a reasonable allowance for estimated administrative costs, inflation and potential damage to existing streets or utilities which shall not exceed 25 percent of the estimated construction costs. If the subdivider proceeds by this method, the subdivider shall install and complete the required improvements to the satisfaction of the director of environmental engineering subject to the following conditions: (1) The streets shall be accepted into the state system not more than two years after the date of plat recordation. (2) No more than 60 percent of the building permits in any recorded section of a residential or residential townhouse subdivision shall be issued until the paving requirements in that section have been completed. (3) Except as provided in subparagraph (4) below, no more than 90 percent of the building permits in any section of a residential or residential townhouse subdivision shall be issued until the streets have been constructed to state standards and accepted into the state system as applicable. (4) A subdivider that initially provides surety in an amount equal to 125% of the cost of all the improvements shown on the approved construction plans shall be eligible to 05-715 08/24/05 have 100% of the building permits in a residential or residential townhouse subdivision released prior to the streets having been completed and accepted into the State System. In addition, the subdivider must waive, by contract, its right to partial releases of the surety as provided under subparagraph (b) of this section and Va. Code § 15.2-2241; instead, the subdivider will be entitled to only one partial release of not more that 40% of its surety available once 90 percent of the building permits in any section have been issued. (5) An extension may be approved by the director of environmental engineering to condition three. (b) Surety reductions, as approved by the director of environmental engineering may be made in a cumulative amount of not more than 90 percent of the total cost of satisfactorily completed required improvements. Surety reductions based upon the percentage of improvements completed may not occur before the completion of at least 30 percent of the improvements. The director of environmental engineering shall not execute more than three surety reductions in any 12-month period per bonded subdivision section. Upon final completion and acceptance of said improvements in residential or residential townhouse subdivisions with streets, the release of any remaining surety shall be subject to the requirements of section 17-74. For the purpose of final release, the term "acceptance" shall be defined as the date of the meeting of the county's board of supervisors (board), at which the board is formally advised of the street acceptance by \TDOT and assignment of the state route number(s) . Upon final completion and acceptance of said improvements in residential townhouse subdivisions, the release of any remaining surety shall be subject to requirements of section 17-74. For the purpose of final release the term "acceptance" shall be the date of the wri tten notice to the subdivider of the completion of the required improvements to the satisfaction of the director of environmental engineering. (2) That this ordinance shall become effective immediately upon adoption. Ayes: Nays: Absent: Barber, King and Warren. None. Humphrey and Miller. 16.C. TO CONSIDER THE PROPOSED AMENDMENTS TO SECTIONS 19-232, 19-233, 19-236 AND 19-301 TO THE CHESAPEAKE BAY PRESERVATION ACT REQUIREMENTS OF THE ZONING ORDINANCE AND TO SECTION 19-25 TO PROVIDE FOR AN APPLICATION FEE FOR CERTAIN RESOURCE PROTECTION AREA ("RPA") EXCEPTIONS FROM SUCH REQUIREMENTS Mr. Micas stated this date and time has been advertised for a public hearing for the Board to consider amendments to the Chesapeake Bay Preservation ,Act requirements of the zoning Ordinance and to Section 19-25 to provide for an application 05-716 08/24/05 - fee for certain Resource Protection Area (RPA) exceptions from such requirements. He further stated the mandated ordinance amendments will have no impact on the current ordinance. He stated two of the amendments are optional, indicating that the Planning Commission recommendation provides for a $300 fee for single-family residents and a $1,500 fee for anyone other than single family who wants an exemption from RPA requirements. He further stated the Planning Commission is also recommending an amendment, which makes it clear that accessory structures can be rebuilt after losses. He stated staff recommends adoption of the Planning Commission recommendation. Discussion ensued relative to soil and water conservation assessments and the granting of exceptions from the RPA for farmers. Mr. Barber excused himself from the meeting. Mr. Scott Flanagan, Acting Water Quality Administrator clarified that farmers would not have to appear before the Board for an exception if they have a soil and water conservation assessment plan in place. He stated there are currently a number of assessment plans in place that will have to be renewed upon expiration. He further stated the county is looking at funding mechanisms for a county position to put these plans together for the farmers. Discussion ensued relative to the fee proposed for appearing before the Board of Supervisors to request an exception to the RPA requirements. Mr. Miller expressed concerns relative to charging a fee for residents to appeal decisions on the ability to use their own property. Mr. Turner stated public hearings must be held for the granting of RPA exceptions, which require staff time and advertisement at an average cost of $250. He further stated staff is suggesting that there should be a fee to capture some of the costs so that taxpayers do not subsidize residents appearing before the Board to request exceptions. Discussion ensued relative to administrative exceptions. Mr. King called for public comment. Mr. Stuart Jones, representing the Chesterfield Farm Bureau, requested that the Board ensure that farmers not be imposed fees by the county for exceptions to the RPA or for preparing nutrient plans. Mr. Barber returned to the meeting. There being no one else to speak to the ordinance amendments, the public hearing was closed. After brief discussion, on motion of Mrs. Humphrey, seconded by Mr. Warren, the Board adopted the Planning Commi ssion' s version of the ordinance as follows: AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING AND 05-717 08/24/05 RE-ENACTING SECTIONS 19-25, 19,-232, 19-233, 19-236, AND 19-301 RELATING TO THE CHESAPEAKE BAY PRESERVATION ACT REQUIREMENTS OF THE ZONING ORDINANCE AND PROVIDING FOR AN APPLICATION FEE FOR CERTAIN RP.A EXCEPTIONS FROM SUCH REQUIREMENTS BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Sections 19-25, 19-232, 19-233, 19-236, and 19-301 of the Code of the County of Chesterfield, 1997, as amended, are amended and re-enacted to read as follows: Sec. 19-25. Fees. The following fees, which include the costs of hearings, advertisements and notices when required¡ shall be deposited simultaneously with the filing of the application: 000 (1) Modifications requirements: to devE~ 1 opmen t standards and (1) Any request for R, R-'rH" R-MF, MH or A uses . 300.00 (2) Any request for 0, I or C uses. . 240.00 (m) Application to Board of Supervisors exception per 19-235(b) (2) for RPA ( 1) exception for one lot or intended to be used for dwelling and accessory uses . parcel used or a single family . 300.00 "-,.;." (2) all other exceptions . 1,500.00 (n) Deferral/remand requests D::J' the applicant, per request: (1) Remand request to planning commission: a. Any request for R R-TH, R-MF, MH or A uses 50 percent of original case fee 000 Sec. 19-232. Resource protection area regu1ations. In addition to the general performance criteria set forth in section 19-233, the criteria in this section are applicable in resource protection areas. 000 (d) Permitted encroachmEmts into the RPA buffer area. (1) When the application of the RPA buffer area would result in the loss of a buildable area on a lot or parcel recorded prior to October 1, 1989, encroachments into the RPA buffer area may be permitted by the director of 05-718 08/24/05 environmental engineering. A wri tten request shall identify the impact of the proposed exception on water quality, on public safety and on lands wi thin the resource protection area through the completion of a water quality impact assessment that complies wi th section 19-232(e) and shall be in accordance with the following criteria: a. Encroachments into the RPA buffer area shall be the minimum necessary to achieve a buildable area for a principal structure and necessary utilities. b. Where practicable, a vegetated area that will maximize water quality protection, mi tigate the effects of the RPA buffer area encroachment, and is equal to the area of encroachment into the RPA buffer area shall be established elsewhere on the lot or parcel. c. The encroachment may not extend into the seaward 50 feet of the RPA buffer area. ,- (2) When the application of the RPA buffer area would result in the loss of a buildable area on a lot or parcel recorded between October 1, 1989 and March 1, 2002, encroachments into the RPA buffer area may be allowed through an administrative process in accordance with the following criteria: a. The lot or parcel was created as a result of a legal process conducted in conformity with the county's subdivision ordinance; b. Conditions or mitigation measures imposed through a previously approved exception shall be met; c. If the use of a Best Management Practice (BMP) was previously required, the BMP shall be evaluated to determine if it continues to function effectively and, if necessary, the BMP shall be reestablished or repaired and maintained as required; d. The requirements of section 19-232 (d) (1) shall be met. (3) When the application of the RPA buffer area would result in the loss of a buildable area on a lot or parcel created as the result of bankruptcy, condemnation or threat of condemnation, judicial partition or judicial action relating to a decedent's estate, encroachments into the RPA buffer area may be allowed through an administrative process in accordance with the requirements of 19- 232 (d) (2) (b), (c) and (d). 05-719 08/24/05 000 Sec. 19-233. General performance criteria. Any use, development or redevelopment of land within a Chesapeake Bay preservation area shall meet the following performance criteria: 000 (g) Where the best management practices utilized in a commercial development require regular or periodic maintenance in order to continue their functions, such maintenance shall be ensured by a maintenance/easement agreement, commercial surety bond, bank letter of credit or other assurance satisfactory to the director of environmental engineering. Where the best management practices utilized for a residential development require regular or periodic maintenance in order to continue their functions, such maintenance shall be ensured by a commercial surety bond, bank letter of credit or cash escrow in an amount equal to $100.00 for each dwelling unit in a residential development. The requirement for a surety bond, bank letter of credit or cash escrow excludes apartment developments outside the Swift Creek Reservoir Watershed. The form of any bond or letter of credit provided pursuant to this section shall be subject to approval by the county attorney. (h) (1) Land on which agricultural activities are being conducted, including but not limited to crop production, pasture, and dairy and feedlot operations, shall have a soil and water quali ty conservation aSSE!SSment conducted that evaluates the effectiveness of existing practices pertaining to soil erosion and sediment control, nutrient management, and management of pesticides and, where necessary, results in a plan that outlines additional practices needed to ensure that water quality protection is being accomplished consistent with the Chesapeake Bay Preservation Act and this division. (2) RMA performance cri te:r:-ia shall not apply to land used for agricultural purposes, except for the requiremEmts in subsection (h) (1) above. 000 Sec. 19-236. exceptions. Nonconforming uses, vested rights and other (1) In addition to the requirements of this chapter, no use which is nonconforming to the requirements of this division, in a Chesapeake Bay preservation area, shall be enlarged, extended, reconstructed, substituted or structurally altered unless the director of environmental engineering grants an exception pursuant to section 19-235, and also finds that: 05-720 08/24/05 (a) There will be no net increase in the nonpoint source pollution load; and (b) Any development or land disturbance exceeding an area of 2,500 square feet complies with all erosion and sediment control requirements of chapter 8 and division 4 of article IV of this chapter. -- This exception for non-conforming uses is not available for the expansion of accessory structures. (2) This division shall not be construed to prevent the reconstruction of pre-existing structures, including accessory structures, within Chesapeake Bay Preservation Areas from occurring as a result of casualty loss unless otherwise restricted by applicable ordinance. (3) The provisions of this division shall not affect the vested rights of any landowner under existing law. (4) The provisions of this division shall not be construed to require or allow the taking of private property for public use without just compensation. 000 Sec. 19-301. Definitions. For the purposes of this chapter, the following words and phrases shall have the following meanings: 000 Highly erodible soils: Soils (excluding vegetation) with an erodibility index (EI) from sheet and rill erosion equal to or greater than 8. The erodibility index for any soil is defined as the product of the formula RKLS/T, where K is the soil susceptibility to water erosion in the surface layer, R is the rainfall and runoff, LS is the combined effects of slope length and steepness, and T is the soil loss tolerance. Highly permeable soils: Soils with a given potential to transmi t water through the soil profile. Highly permeable soils are identified as any soils having a permeability equal to or greater than six inches of water movement per hour in any part of the soil profile to a depth of 72 inches (permeability groups "rapid" and "very rapid") as found in the "National Soils Handbook" of November 1996 in the "Field Office Technical Guide" of the U.S. Department of Agriculture Natural Resources Conservation Service. - 000 Public road: A publicly owned road designed and constructed in accordance with water quality protection criteria at least as stringent as requirements applicable to the Virginia Department of Transportation, including regulations promulgated pursuant to (i) the Erosion and Sediment Control Law (§ 10.1-560 et seq. of the Code of Virginia) and (ii) the Virginia Stormwater Management Act (§ 10.1-603.1 et seq. of the Code of Virginia). This definition includes those roads where the Virginia Department of Transportation exercises direct supervision over the design 05-721 08/24/05 or construction activities, or both, and cases where secondary roads are constructed or maintained, or both, by a local government in accordance with the standards of that local government. This definition applies only to Article IV, Division 4 (Chesapeake Bay Preservation Areas) of this chapter. (2) That this ordinance shall become effective immediately upon adoption. Ayes: Barber, King, Humphrey, Miller and Warren. Nays: None. 16.D. TO CONSIDER AMENDING SECTIONS 19-185, 19-192~ 19-195, 19-199, AND 19-523 OF THE COUNTY CODE RELATING TO SETBACKS IN INDUSTRIAL ZONED DISTRICTS Mr. Greg Allen stated staff is requesting a deferral of the public hearing because of a formatting error that occurred with the printing of the ordinance. Mr. Barber called for public comment. No one came forward to speak to the deferral. On motion of Mr. Miller, seconded by Mrs. Humphrey, the Board deferred the ordinance relating to setbacks in Industrial Zoned Districts until September 21, 2005. Ayes: Barber, King, Humphrey, Miller and Warren. Nays: None. 16.E. TO CONSIDER AN ORDINANCE TO VACATE LOTS 13 AND 14, RIVER BEND, SECTION A Mr. Stith stated this date and time has been advertised for a public hearing for the Board to consider an ordinance to vacate Lots 13 and 14, River Bend, Section A. 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 adopted the following ordinance: AN ORDINANCE whereby the COUNTY OF CHESTERFIELD, VIRGINIA, ("GRANTOR") vacates to GEORGE P. EMERSON, JR. and DARLENE B. EMERSON, husband and wi fe, and GEORGE P. EMERSON, JR., and OLIVER D. RUDY, 'rrustee under the provisions of a trust agreement dated May 16, 1986, designated as The River's Bend Trust AgrE!ement, ("GRANTEE" , Lots 13 and 14 as shown on A Map of River Bend, Section A, 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 8, at Page 105. WHEREAS, GEORGE P. EMERSON, JR., petitioned the Board of Supervisors of Chesterfield County, Virginia to vacate Lots 05-722 08/24/05 13 and 14, as shown on A Map of River Bend, Section A, 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 8, Page 105, by CLODFELDER & SCHISLER ENGINEERS, dated JANUARY 1, 1943. The lots petitioned to be vacated are more fully described as follows: Lots 13 and 14, as shown on A Map of River Bend, Section A, the location of which is more fully shown on a plat made by CLODFELDER & SCHISLER, dated JANUARY 1, 1943, a copy of which is attached hereto and made a part of this Ordinance. WHEREAS, notice has been given pursuant to Section 15.2- 2204 of the Code of Virginia, 1950, as amended, by advertising; and, WHEREAS, no public necessity exists for the continuance of lots sought to be vacated. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF SUPERVISORS OF CHESTERFIELD COUNTY, VIRGINIA: That Virginia, vacated. pursuant to Section 15.2-2272 of the Code of 1950, as amended, the aforesaid lots are hereby - 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 I 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. Accordingly, this Ordinance shall be indexed in the names of the COUNTY OF CHESTERFIELD as GRANTOR, and GEORGE P. EMERSON, JR. and DARLENE B. EMERSON, husband and wife, and GEORGE P. EMERSON, JR., and OLIVER D. RUDY, Trustee under the provisions of a trust agreement dated May 16, 1986, designated as The River's Bend Trust Agreement, or their successors in title, as GRANTEE. Ayes: Barber, King, Humphrey, Miller and Warren. Nays: None. - 16.F. TO CONSIDER THE LEASING OF COUNTY PROPERTY AT CLOVER HILL WATER TANK ON HULL STREET ROAD Mr. Stith stated this date and time has been advertised for a public hearing for the Board to consider the leasing of county property at the Clover Hill Water Tank. Mrs. Humphrey requested that staff prohibit vendors from painting on water tanks and towers when negotiating leases. Mr. Barber called for public comment. 05-723 08/24/05 No one came forward to speak to the issue. On motion of Mr. Warren, seconded by Mr. Miller I t:he Board approved the leasing of county property at the Clover Hill Water Tank to Omnipoint Communications CAP Operations LLC, t/a T-MOBILE. Ayes: Barber, King, Humphrey, Miller and Warren. Nays: None. ---' 17. REMAINING MANUFACTURED HOME PERMITS AND ZONING REQUESTS There were no remaining requests for manufactured home permits or zoning at this time. 18 . ADJOURNMENT On motion of Mr. Miller, seconded by Mr. King, the Board adjourned at 11: 51 p.m. until September 21, 2005 at 4: 00 p.m. Ayes: Nays: Barber, King, Humphrey, Miller: and Warren. None. .__.c ( .,/ (I, .¢~~ >~) '. f ,~,:,_,,"~J(,;/'-L._"£'~ Lane B. Ramsey County Administrator " " . ~"'- (' /'.,,<¿!>:/"'" ./,' t; -vlv"""" ---""... t..-( c, '~ Edward B. Bàrber Chairman 05-724 08/24/05