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09-27-2006 Minutes - .- - n BOARD OF SUPERVISORS MINUTES September 27, 2006 Supervisors in Attendance: Mr. R. M. "Dickie" King, Jr., Chairman Mr. Kelly E. Miller, Vice Chrm. Mrs. Renny Bush Humphrey Mr. Arthur S. Warren Supervisor Absent: Ms. Terri Cofer Beirne Staff in Attendance: Mr. Richard Billingsley, License Inspector Ms. Jana Carter, Dir., Juvenile Services Mr. Allan Carmody, Dir., Budget and Management Mr. Jonathan Davis, Real Estate Assessor Ms. Rebecca Dickson, Dep. County Administrator for Human Services Ms. Deborah Dugger, Dir., Youth Group Home Ms. Lisa Elko, CMC, Clerk Mr. Jeff Franklin, Asst. Dir., Utilities Mr. Michael Golden, Dir., Parks and Recreation Mr. John W. Harmon, Right-of-Way Manager Deputy Chief Mike Hatton, Fire and EMS Ms. Mary Lou Lyle, Dir., Accounting Mr. Mike Mabe, Dir., Libraries Mr. R. John McCracken, Dir., Transportation Mr. Richard M. McElfish, Dir., Env. Engineering Mr. Steven L. Micas, County Attorney Dr. William Nelson, Dir., Health Dept. Mr. Francis Pitaro, Dir., General Services Ms. Chris Ruth, Asst. Dir., Public Affairs Lt. Col. Andy Scruggs, Police Department 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. Scott Zaremba, Asst. Dir., Human Resource Management 06-826 09/27/06 Mr. King called the regularly scheduled meeting to order at 4:03 p.m. Mr. King stated Mr. Ramsey was unable to attend meeting, and Ms. Dickson will be sitting in the Administrator's seat during the afternoon session. today's County 1. APPROVAL OF MINUTES FOR AUGUS'1' 23,2006 On motion of Mrs. Humphrey, seconded by Mr. King, the Board approved the minutes of August 23, 2006, as submitted. Ayes: King, Miller, Humphrey and Warren. Nays: None. Absent: Beirne. 2 . COUNTY ADMINISTRATOR I S COMMENTS o TRANSURBAN LLC PRESENTATION Mr. Michael Whelan, Operations Manager for Transurban LLC provided details of the corporation's management, operation and maintenance of the Pocahontas Parkway. He stated Transurban has a long-term interest in investing in roads and is recognized as a leader in the world of electronic tolling. He further stated Pocahontas Parkway is currently handling 50 percent of the originally proj ected traffic. He provided details of Transurban's investment into the project and the concession agreement with VDOT. He stated Transurban wants to eventually connect Pocahontas Parkway directly to the rear of Richmond International Airport. He noted tolls will be capped for the next 10 years and will not exceed 50 cents over the next four years. He stated Transurban looks forward to working with the county to assist with economic growth of the area. ,~ Discussion ensued relative to the proposed increase for tolls over the next ten years. In response to Mr. Miller's question, Mr. Whelan stated a schedule is in place for Transurban to increase tolls according to the agreement with VDOT. He further stated the toll would increase to $4.00 by 2016. Mrs. Humphrey stated she understands the marketing challenges Transurban must overcome to demonstrate the benefits of Pocahontas Parkway to residents. Ms. Dickson thanked Mr. Whelan for the presentation. 3. BOARD MEMBER REPORTS ..- Mr. Warren stated he attended a Capital Region Airport Commission meeting this morning, indicating that the airport is doing exceptionally well at this time. He further sta,ted he uses Pocahontas Parkway when attending Commission meetings and looks forward to the day when the extension ..will be completed. 06-827 09/27/06 4. REQUESTS TO POSTPONE AGENDA ITEMS AND ADDITIONS, OR CHANGES IN THE ORDER OF PRESENTATION On motion of Mr. Warren, seconded by Mr. Miller, the Board moved Item 5. B., Resolution Recognizing Mr. Frank Dial for Outstanding Community Service, to be heard under consent as Item 8.C.1.e.; and adopted the Agenda, as amended. Ayes: King, Miller, Humphrey and Warren. Nays: None. Absent: Beirne. 5. RESOLUTIONS AND RECOGNITIONS 5.A. RECOGNIZING CAPTAIN JAMES STANLEY, POLICE DEPARTMENT, UPON HIS RETIREMENT Lieutenant Colonel Scruggs introduced Captain James Stanley who was present to receive the resolution. On motion of the Board, the following resolution was adopted: WHEREAS, Captain James W. "Jim" Stanley will retire from the Chesterfield County Police Department on October 1, 2006 after providing 27 years of quality service to the citizens of Chesterfield County; and - WHEREAS, Captain Stanley has faithfully served the county in the capacity of Patrol Officer, Investigator, Sergeant, Lieutenant, and Captain; and WHEREAS, Captain Stanley was selected as Rookie of the Year for 1979; and WHEREAS, Captain Stanley graduated from the Police Executive Leadership School; and WHEREAS, Captain Stanley was instrumental in solving the 1980 murder case of patricia Cubbage, making notes of a suspicious vehicle while on patrol; and later, when the body of patricia Cubbage was discovered, those notes played a substantial part in linking the suspect with the vehicle, and Officer Stanley's keen observation and documentation skills led to the successful resolution of the murder case; and WHEREAS, Captain Stanley has served the citizens of Chesterfield County in various commander positions to include Shift Commander, Special Operations Unit Commander, Special Response Unit/Tactical Field Force Unit Commander, Crimes Against Property Unit Commander, District Commander, Director of Police Personnel and Training and Watch Commander; and - WHEREAS, Captain Stanley has received numerous letters of thanks and appreciation for service rendered from the citizens of Chesterfield County; and WHEREAS, Captain Stanley has provided the Chesterfield County Police Department with many years of loyal and dedicated service; and WHEREAS, Chesterfield County and the Board of Supervisors will miss Captain Stanley's diligent service. 06-828 09/27/06 NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 27th day of September 2006, publicly recognizes Captain James W. "Jim" Stanley, and extends on behalf of its members and the citizens of Chesterfield County, appreciation for his service to the county, congratulations upon his rE~tirement, and best wishes for a long and happy retirement. AND, BE IT FURTHER RESOLVED that a resolution be presented to Captain Stanley, resolution be permanently recorded among the Board of Supervisors of Chesterfield County. copy of and tha t papers of this this this Ayes: King, Miller, Humphrey and Warren. Nays: None. Absent: Beirne. Mr. King presented the Cup to Captain Stanley, and Lieutenant Colonel his outstanding service, and wished him well in Hopewell. executed r!Bsol ution and a Jefferson accompanied by members of his family Scruggs, expressed appreciation for congratulated him on his retirement his new position with the City of Captain Stanley expressed appreciation to God for keeping him safe over the years and to his family and peers for their support. 5.C. RECOGNIZING SEPTEMBER 2006, AS "NATIONAL ALCOHOL AND DRUG ADDICTION RECOVERY MONTH" Mr. David Mangano, Affairs, introduced and members of his resolution. Strategic Manager for Consumer/Family Ms. Megan Dillard and Mr. Louis Quintero family, who were present to receive the 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 for addiction treatment and referring them to appropriate treatment, and their family members to support services, is a crucial first step in helping people realize that recovery is possible and treatment is effective; and WHEREAS, barriers to accessing t.reatment 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 06-829 09/27/06 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 Mental Health Services Administration within the U.S. Department of Health and Human Services; the Whi te House Office of National Drug Control Policy; and Chesterfield's Communi ty Services Board, Substance Abuse Services program invite all residents of Chesterfield to participate in "National Alcohol and Drug Addiction Recovery Month" (Recovery Month) . NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors, this 27th day of September 2006, publicly recognizes the month of September 2006 as "National Alcohol and Drug Addiction Recovery Month" in Chesterfield County, Virginia and calls upon the people of Chesterfield County to observe this month with appropriate programs, activities, and ceremonies supporting this year's theme, "Join the Voices for Recovery: build a stronger, healthier communi ty. " 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: King, Miller, Humphrey and Warren. Nays: None. Absent: Beirne. Mr. Miller presented the executed resolution to Mr. Quintero and expressed appreciation to the agencies and individuals who support those who are trying to recover from drug and alcohol addiction, which is one of the greatest problems in our nation. Ms. Dillard read a letter she had written to her father on the 18th anniversary of his recovery. Mrs. Quintero professional Services. expressed counselors appreciation for at Chesterfield the trained and Mental Health Mr. Ned Snead, Manager of Adult Substance Abuse Services, expressed appreciation to the Board for recognizing National Recovery Month. S.D. RECOGNIZING 2006 NACO ACHIEVEMENT AWARD WINNERS - Ms. Ruth stated that this year Chesterfield County is the recipient of eight Achievement Awards from the National Association of Counties (NACo). She further stated the Public Affairs Department also received 15 awards from the National Association of County Information Officers (NACIO). Mrs. Humphrey, accompanied by Ms. Dickson, recognized the following recipients and presented department representatives with the 2006 NACo Achievement Awards: 06-830 09/27/06 Department proj e.ct Environmental Engineering Water Roundtable Fire Department Chesterfield Fire & EMS/ Petroleum Helicopters, Inc. ,Joint Venture General Services Fleet Management Division Au.tomotive Technician Apprenticeship Program Health Department Colposcopy Program Human Resource Management National Background Checks Enhance Safety of Employees, Citizens and Youth Libraries Real Time Book Discussion Group Mental Health/Mental Retardation/Substance Abuse Crash Fatality Referral Program Police Department A Partnership Between Police and Mental Health Mrs. Humphrey congratulated and commended each department on their recognitions. 6. WORK SESSIONS There were no work sessions at this time. 7 . DEFERRED ITEMS There were no deferred items at this time. a. NEW BUSINESS a.A. STREETLIGHT INSTALLATION COST APPROVALS On motion of Mrs. Humphrey, seconded by Mr. Warren, the Board approved the following streetlight installations: Bermuda District . In the Victoria Hills Subdivision, on Milsmith Road, in the vicinity of 4333, on the existing pole Cost to install streetlight: $81.49 . In the Locust Grove Subdivision, on Tarris Lane, in the vicinity of 3910, on the existing pole Cost to install streetlight: 581.49 . Not located in a recorded subdivision, on Reymet Road, in the vicinity of 2149, on the existing pole Cost to install streetlight: $113.30 06-831 09/27/06 Clover Hill District . In the Amber Heights Subdivision, at the intersection of Chevelle Drive and Lilly Drive Cost to install streetlight: $1,987.00 . In the Clifton Farms Subdivision, at the intersection of Overlea Drive and Sunfield Drive Cost to install streetlight: $1,571.71 -. Matoaca District . Not located in a subdivision, Chesterfield Plaza, in the vicinity of 20811, on the existing pole Cost to install streetlight: $154.24 . Not located in a subdivision, on vicinity of 4208, west of the Brickhouse Drive, on pole LE78 Cost to install streetlight: $81.49 Ri ver Road, in the intersection with . Not located in a subdivision, River Road, in vicinity of 4112, northeast of the intersection Truth Drive, on pole MF45 Cost to install streetlight: $81.49 the with . Not located in a subdivision, River Road, in vicinity of 4032, northeast of the intersection Attucks Drive, on pole MF57 Cost to install streetlight: $81.49 the with - Ayes: King, Miller, Humphrey and Warren. Nays: None. Absent: Beirne. 8 . B . APPOINTMENTS On motion of Mr. Warren, seconded by Mr. King, the Board suspended its rules at this time to allow for simultaneous nomination/appointment/reappointment of members to serve on the Towing Advisory Board, Substance Abuse Free Environment Board of Directors, Virginia's Gateway Region Board, Disabili ty Services Board, Community Criminal Justice Board and the Committee on the Future. Ayes: King, Miller, Humphrey and Warren. Nays: None. Absent: Beirne. - 8.B.l. TOWING ADVISORY BOARD On motion of Mrs. Humphrey, seconded by Mr. King, the Board simultaneously nominated/appointed Lt. David Pritchard to serve on the Towing Advisory Board, whose term will be at the pleasure of the Board. Ayes: King, Miller, Humphrey and Warren. Nays: None. Absent: Beirne. 06-832 09/27/06 8.B.2. SUBSTANCE ABUSE FREE ENVIRONMENT BOARD OF DIRECTORS On motion of Mrs. Humphrey, seconded by Mr. King, the Board simultaneously nominated/reappointed the following members to serve on the Substance Abuse Free Environment Board of Directors: Mr. Fred Carreras, representing the Midlothian District, whose term is effective October 1, 2006 and expires September 30, 2009; and Dr" Bancroft Greene, representing the Clover Hill District, whose term is effective November 1, 2006 and expires October 31, 2009" Ayes: King, Miller, Humphrey and Warren. Nays: None. Absent: Beirne. 8.B.3. VIRGINIA'S GATEWAY REGION BOARD On motion of Mrs. Humphrey, seconded by Mr. King, the Board simultaneously nominated/rE~appointed Mr. Gary Thomson, Mr. R. M. "Dickie" King, Jr. and Mr. Bob Walker, to serve on Virginia's Gateway Region Board, whose terms are effective September 30, 2006 and expire September 30, 2007. Ayes: King, Miller, Humphrey and Warren. Nays: None. Absent: Beirne. 8.B.4. DISABILITY SERVICES BOARD On motion of Mrs. Humphrey, seconded by Mr. King, the Board simultaneously nominated/appointed ]\I[r. David F. Sharp, representing the county at-large, to serve on the Disability Services Board, whose term is effective immediately and expires December 31, 2008. Ayes: King, Miller, Humphrey and Warren. Nays: None. Absent: Beirne. 8.B.5. COMMUNITY CRIMINAL JUSTICE BOARD On motion of Mrs. Humphrey, seconded by Mr. King, the Board simultaneously nominated/appointed the following members to serve on the Community Criminal .Justice Board: Mr. David Mangano, whose term is effective immediately and expires June 30, 2007, and Mr. Jeffrey VV. Faries, whose term is effective immediately and expires June 30, 2008. Ayes: King, Miller, Humphrey and Warren. Nays: None. Absent: Beirne. 8.B.6. COMMITTEE ON THE FUTURE On motion of Mrs. Humphrey, seconded by Mr. King, the Board simultaneously nominated/appointed Ms" Dorothy Hudson, representing the Clover Hill District. to serve on the 06-833 09/27/06 Committee on the Future, whose term will be at the pleasure of the Board. Ayes: King, Miller, Humphrey and Warren. Nays: None. Absent: Beirne. 8.C. CONSENT ITEMS ,~ 8 . C . 1 . ADOPTION OF RESOLUTIONS 8.C.l.a. RECOGNIZING MR. PAT D. HARRIS, UTILITIES DEPARTMENT, UPON HIS RETIREMENT On motion of Mr. Miller, seconded by Mr. Warren, the Board adopted the following resolution: WHEREAS, Mr. Pat D. Harris retired from the Chesterfield County Utilities Department on September 1, 2006; and WHEREAS, after working as a Virginia State Highway Inspector for over four years, while serving in the National Guard, Mr. Harris brought his experience and enthusiasm to Chesterfield County, beginning his public service with Chesterfield County on October 1, 1970, as a Construction Inspector I and later as a Construction Inspector III for the Utilities Department; and WHEREAS, Mr. Harris Collection Superintendent where he served faithfully was promoted to the Wastewater position on September 21, 1987 until his retirement; and WHEREAS, from 1970 to 2006, Mr. Harris brought the Chesterfield County Utilities Department into the new millennium, as a leader in customer service by consistently meeting and exceeding our customers' expectations; as a responsible protector of the environment by providing wastewater service that is safe, reliable and environmentally sound; as an exemplary steward of the public trust through preparation of annual budgets that met our customers' needs in the most cost effective manner; and as the employer of choice by selecting and maintaining a diverse high performing work force though his seasoned leadership skills; and - WHEREAS, from 1987, Mr. Harris managed the Wastewater Collection section, responsible for the operation and maintenance of the county's entire wastewater collection system including 24 sewer pump stations and over 1,700 miles of sani tary sewer mains; providing technical direction and field supervision to a staff of 31 employees; effectively leading four direct reports over Repair and Maintenance, Inflow and Infiltration, Sewer Pump Stations and the Operations Data Resource Center; and effectively developing and managing the Wastewater Collections Center Operating Budget of $3.6 Million (FY06); and WHEREAS, Mr. Harris increased Operations and Maintenance personnel morale by improving maintenance and repair procedures through proactive leadership and by utilizing his past construction inspection experience; and 06-834 09/27/06 WHEREAS, Mr. Harris had a unique ability to provide leadership and direction in response to non--routine emergency situations throughout his years of service including his response to Hurricane Isabel and Tropical St:orm Gaston; and WHEREAS, Mr. Harris was committed communi ty as evident through his service Campaign Committee; and to improving our on the Uni ted Way WHEREAS, Mr. Harris continuously improved specifications and procedures as an active member Product Design and Review Committee; and utility of the WHEREAS, throughout his career with Chesterfield County, Mr. Harris displayed character, aptitude, a positive attitude and a unique ability to effectively respond to non-routine emergency situations that has made the Utilities Department effective, progressive, well-trained and respected. NOW, THEREFORE, BE IT RESOLVED that County Board of Supervisors recognizes Mr. extends on behalf of its members and Chesterfield County, appreciation for exceptional service to the county. the Chesterfield Pat D. Harris and the citizens of over 35 years of Ayes: King, Miller, Humphrey and Warren. Nays: None. Absent: Beirne. 8.C.l.b. RECOGNIZING OCTOBER 1-7, 2006, AS "PARALEGALS WEEK" IN CHESTERFIELD COUNTY On motion of Mr. Miller, seconded by Mr. Warren, the Board adopted the following resolution: WHEREAS, legal assistants and paralegals provide skilled and essential professional services to licensed attorneys throughout Virginia; and WHEREAS, legal assistants and paralegals receive formal education and training and gain valuable experience working under the supervision of licensed attorneys; and WHEREAS, the Virginia Alliance Associations (VAPA) issues educational professional guidelines to ensure that legal competent and knowledgeable about their field; of Paralegals standards and assistants are and WHEREAS, the research and administrative work performed by legal assistants and paralegals are essential to the ability of attorneys to provide thei:r:' clients with quality legal services and representation; and WHEREAS, VAMA member organizations sponsor educational programs, seminars and forums designed to bring legal assistants together to exchange ideas and methods used in their occupation; and WHEREAS, the VAPA encourages legal assistants and paralegals to adhere to a high degree of ethical and professional conduct and proficiency by issuing a code of ethics for legal assistants and paralegals to practice. 06-835 09/27/06 NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 27th day of September 2006, recognizes October 1-7, 2006 as "Paralegals' Week" in Chesterfield County. Ayes: King, Miller, Humphrey and Warren. Nays: None. Absent: Beirne. - 8.C.l.c. RECOGNIZING BATTALION CHIEF CLYDE E. REAMS, CHESTERFIELD FIRE AND EMERGENCY MEDICAL SERVICES, UPON HIS RETIREMENT On motion of Mr. Miller, seconded by Mr. Warren, the Board adopted the following resolution: WHEREAS, Battalion Chief Clyde E. "Gene" Reams retired from the Fire and Emergency Medical Services Department, Chesterfield County, on July 1, 2006, after faithfully serving the county for thirty years in various assignments; and - WHEREAS, Battalion Chief Reams was hired September 6, 1976, attended Recruit School #7 in 1977, and was promoted to Sergeant while in Recrui t School; served in various capacities, including Firefighter, Sergeant, Lieutenant, Captain and Battalion Chief, at Fire Stations #1, 4, 11 and 3; and also as the "A" shift Administrative Officer at Fire Station #3, and during this assignment, submitted the suggestion to create Station Lieutenants (now Station Captains) for station oversight; and WHEREAS, Battalion Chief Reams served as the Director of the Emergency Medical Services Division where he completed training and earned certification as a National Registered Paramedic, a CPR Instructor, and an instructor in Basic and Advanced Disaster Life Support; and WHEREAS, Battalion Chief Reams was a member of the EMS Revenue Recovery Workgroup and was instrumental in implementing EMS Revenue Recovery and other innovative emergency medical services and practices; and WHEREAS, Battalion Chief Reams served faithfully for several years on the Chesterfield Emergency Medical Services Advisory Council, and as a member of the Virginia Association of Governmental EMS Administrators; and - WHEREAS, Battalion Chief Reams, along with several other personnel from Fire Administration, received an EMS Unit Citation for services rendered at a motor vehicle crash on Beach Road on May 14, 1999, when their quick response and patient care were instrumental in a positive patient outcome; and WHEREAS, Battalion Chief Reams, after the tragic death of volunteer Firefighter Bradley McNeer, led a team of members in planning, organizing, and conducting the Brad McNeer Memorial Scholarship Golf Tournament, which has been greatly supported by the business community in Chesterfield County, raising $232,000 over five tournaments to provide scholarships to graduating high school seniors who are moving 06-836 09/27/06 into emergency service college education, assisting members of the organization reimbursement for qualifying college classes; as with and well as tuition WHEREAS, Battalion Chief first Division Commanders Division and was a valuable the Operations Division. Reams served as one of the in the Emergency Operations leader in the reorganization of NOW, THEREFORE BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes the contributions of Battalion Chief Clyde E. "Gene" Reams, expresses the appreciation of all residents for his service to the county, and extends appreciation for his dedicated service and congratulations upon his retirement. Ayes: King, Miller, Humphrey and Warren. Nays: None. Absent: Beirne. 8.C.1.d. RECOGNIZING MR. JAMES G. SPENCER, AUTOMOTIVE TECHNICIAN, LIGHT VEHICLE MAINTENANCE SHOP, FLEET MANAGEMENT DIVISION, UPON HIS RETIREMENT On motion of Mr. Miller, seconded by Mr. Warren, the Board adopted the following resolution: WHEREAS, Mr. James G. Spencer will retire September 1, 2006 after providing over twenty-four years of dedicated and faithful service to Chesterfield County; and WHEREAS, Mr. Spencer began his service on February 1, 1982 as an automotive technician in the Department of General Services, Fleet Management Division; and .-", WHEREAS, Mr. Spencer has seen the county fleet through the years from less than 1,000 vehicles to present size of more than 2,400 vehicles; and grow its WHEREAS, Mr. Spencer has participated and contributed to the division's growth and maturity from a small, manual shop to an automated, state-of-the-art operation with award winning automotive technology, employee career development, and environmental programs; and WHEREAS, Mr. Spencer is knovm for his friendly, easy- going manner, his ability to work ';,.lith others in an effective way; caring for his fellow co-workers; and performing his duties in a most professional manner; and WHEREAS, Mr. Spencer provided the wisdom of his years and experience in contributing to the division I s strategic planning conferences, process action teams, and other activities; and -' WHEREAS, Mr. Spencer always performed his duties and responsibilities in an excellent manner placing the welfare and safety of co-workers, other county employees, and the public above his own personal comfort and feelings and will be missed by his fellow co-workers. 06-837 09/27/06 NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors recognizes Mr. James G. Spencer and extends appreciation for his over twenty-four years of dedicated service to the county, congratulations upon his retirement, and best wishes for a long and happy retirement. Ayes: King, Miller, Humphrey and Warren. Nays: None. Absent: Beirne. 8.C.1.e. RECOGNIZING MR. FRANK DIAL FOR OUTSTANDING COMMUNITY SERVICE On motion of the Mr. Miller, seconded by Mr. Warren, the Board adopted the following resolution: WHEREAS, Mr. Frank Dial is a Chesterfield County resident who lives in the Bexley community; and WHEREAS, Mr. Dial organized the Bexley Neighborhood Watch in 1996; and WHEREAS, Mr. Dial served as the coordinator of the Bexley Neighborhood Watch for ten years; and WHEREAS, Mr. Dial spent countless hours ensuring the smooth operation of the Bexley Watch and recruiting other Bexley residents to watch; and of his time Neighborhood serve on the - WHEREAS, Mr. Dial provided a liaison between Bexley and the Chesterfield County Police Department that enhanced the ability of the police to keep Chesterfield safe; and WHEREAS, Mr. DialJs friendliness and concern for others made serving on the Neighborhood Watch a rewarding experience for all who joined; and WHEREAS, Mr. Dial's hard work on behalf of his community helped prevent crime and promote the safety of residents; and WHEREAS, Mr. Dial's example of civic involvement and dedication is an inspiration to his neighbors; and WHEREAS, it is appropriate to recognize Mr. Dial for providing a model of unselfish and responsible citizenship. -- NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 27th day of September 2006, publicly recognizes Mr. Frank Dial for his service to the Bexley Community as Neighborhood Watch organizer and coordinator. AND, BE IT FURTHER RESOLVED that a copy of this resolution be presented to Mr. Dial and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Ayes: King, Miller, Humphrey and Warren. Nays: None. Absent: Beirne. 06-838 09/27/06 8. C . 2. APPROVE NAMING OF THE MATOACA PARK FOOTBALL STADIUM AFTER MR. KENNY CREW On motion of Mr. Miller, seconded by Mr. Warren, the Board approved naming of the Matoaca Park football stadium after Mr. Kenny Crew. Ayes: King, Miller, Humphrey and Warren. Nays: None. Absent: Beirne. 8.C.3. APPROPRIATION OF STATE COMPENSATION BOARD FUNDS 8. C . 3 . a. FOR THE COMMONWEALTH'S ATTORNEY AND CREATION OF EIGHT POSITIONS On motion of Mr. Miller, seconded by Mr. Warren, the Board appropriated $299,800 in State Compensation Board funds to partially fund seven new Commonwealth .Attorney positions and authorized the creation of seven new full-time positions for the Compensation Board funding and one new full-time position to make a part-time secretary position full--time. Ayes: King, Miller, Humphrey and Warren. Nays: None. Absent: Beirne. 8.C.3.b. FOR THE CLERK OF THE CIRCUIT COURT AND CREATION OF TWO POSITIONS On motion of Mr. Miller, seconded by Mr. Warren, the Board appropriated $45,600 in State Compensation Board funds to partially fund two new Circuit Court Clerk positions and authorized the creation of two new full-time positions. Ayes: King, Miller, Humphrey and Warren. Nays: None. Absent: Beirne. 8.C.4. ACCEPTANCE OF A DEPARTMENT OF CRIMINAL JUSTICE SERVICES GRANT AND APPROPRIATION OF FUNDS FOR THE OPERATION EXPENSES OF THE COMMUNITY CORRECTIONS SERVICES DUAL TREATMENT TRACK On motion of Mr. Miller, seconded by Mr. Warren, the Board accepted and appropriated $338,063 from the Department of Criminal Justice Services (DCJS) for the operation of the Community Corrections Services Dual Treatment Track. Ayes: King, Miller, Humphrey and Warren. Nays: None. Absent: Beirne. 8.C.5. SET DATE FOR PUBLIC HEARING TO AMEND THE LAND USE TAXATION ORDINANCE RELATED TO FAMILY SUBDIVISIONS On motion of Mr. Miller, seconded by Mr. Warren, the Board set the date of October 11, 2006 at 7:00 p.m. for a public 06-839 09/27/06 hearing for the Board to consider amending the land use taxation ordinance related to family subdivisions. Ayes: King, Miller, Humphrey and Warren. Nays: None. Absent: Beirne. 8.C.6. AUTHORIZE THE COUNTY ADMINISTRATOR OR HIS DESIGNEE TO EXECUTE A POLICE MUTUAL AID AGREEMENT BETWEEN CHESTERFIELD COUNTY, CITY OF COLONIAL HEIGHTS, CITY OF HOPEWELL, CITY OF PETERSBURG, SUSSEX COUNTY, DINWIDDIE COUNTY, SURRY COUNTY AND PRINCE GEORGE COUNTY On motion of Mr. Miller, seconded by Mr. Warren, the Board authorized the County Administrator or his designee to authorize the execution of a Police Mutual Aid Agreement, on behalf of the county, between Chesterfield County, City of Colonial Heights, City of Hopewell, City of Petersburg, Sussex County, Dinwiddie County, Surry County and Prince George County. (It is noted a copy of the agreement is filed with the papers of this Board.) Ayes: King, Miller, Humphrey and Warren. Nays: None. Absent: Beirne. 8.C.7. APPROVAL OF WASTEWATER CONTRACT FOR 2501 ARRANDELL ROAD On motion of Mr. Miller, seconded by Mr. Warren, the Board approved the following wastewater contract for 2501 Arrandell Road, Contract Number 06-0125, which includes 260 L.F. + of 8-inch wastewater lines: Developer: Contractor: Michael & Karrie Mahler Landmark Excavation Company Contract Amount: Estimated Estimated Estimated County Cost for Offsite Developer Cost. Total . . . . . $1,127.50 $8,372.50 $9,500.00 Code: (Refunds thru Connections - Offsite) 5N-572VO-E4D District: Midlothian (It is noted a copy of the vicinity sketch is filed with the papers of this Board.) Ayes: King, Miller, Humphrey and Warren. Nays: None. Absent: Beirne. 8.C.8. APPROVAL OF WATER CONTRACTS 8.C.8.a. FOR 2513 BERMUDA AVENUE On motion of Mr. Miller, approved the following seconded by Mr. water contract Warren, the Board for 2513 Bermuda 06-840 09/27/06 Avenue, Contract Number 05-0455, which includes 118 L.F. + of 6-inch water lines: Developer: Contractor: Paul E. & Darlene D. Jones Perkinson Construction Company Contract Amount: Estimated County Cost for Offsite. Estimated Developer Cost Estimated Total. . . . . . $1,994.85 $3,705.15 $5,700.00 Code: (Refunds thru Connections - Offsite) 5B-572VO-E4D District: Bermuda (It is noted a copy of the vicinity sketch is filed with the papers of this Board.) Ayes: King, Miller, Humphrey and Warren. Nays: None. Absent: Beirne. 8.C.8.b. FOR 6607 HAGERTY LANE WATER LINE EXTENSION On motion of Mr. Miller I seconded by Mr. Warren, the Board approved the following water contract for 6607 Hagerty Lane Water Line Extension, Contract Number 06-0114, which includes 115 L.F. + of 6-inch water lines: Developer: Contractor: Hayden Homes Perkinson Construction Company Contract Amount: Estimated County Cost for Offsite. Estimated Developer Cost Estimated Total. . . . . . . . . . $1,994.85 $6,375.15 $8,370.00 Code: (Refunds thru Connections - Offsite) 5B-572VO-E4D District: Matoaca (It is noted a copy of the vicinity sketch is filed with the papers of this Board.) Ayes: King, Miller, Humphrey and Warren. Nays: None. Absent: Beirne. 8.C.8.c. FOR 2741 NORMANDALE AVENUE On motion of Mr. Miller, seconded by Mr. Warren, the Board approved the following water contract for 2741 Normandale Avenue, Contract Number 06-0001, which includes 92 L.F. + of 8-inch water lines: Developer: Contractor: Home Investments, LLC Perkinson Construction Company Contract Amount: Estimated County Cost for Offsite. Estimated Developer Cost . . $818.50 $5,981. 50 06-841 09/27/06 Estimated Total. . . . . . . . . . . $5,SOO.00 Code: (Refunds thru Connections - Offsite) 5B-572VO-E4D District: Bermuda (It is noted a copy of the vicinity sketch is filed with the papers of this Board.) Ayes: King, Miller, Humphrey and Warren. Nays: None. Absent: Beirne. 8.C.9. AUTHORIZE THE COUNTY ADMINISTRATOR TO EXECUTE A CONTRACT WITH AAC TECHNOLOGY PARTNERS, LLC FOR CONSULTANT SERVICES TO ASSIST UTILITIES STAFF WITH THE EVALUATION AND SELECTION OF A NEW CUSTOMER INFORMATION SYSTEM TO REPLACE THE EXISTING BILLING SYSTEM On motion of Mr. Miller, seconded by Mr. Warren, the Board authorized the County Administrator to execute a contract with ACC Technology Partners, LLC, in an amount not to exceed $200,000, for consultant services to assist Utili ties staff with the evaluation and selection of a new Customer Information System. Ayes: King, Miller, Humphrey and Warren. Nays: None. Absent: Beirne. 8. C .10. ACCEPTANCE OF PARCELS OF LAND 8. C .10. a. ALONG THE SOUTH RIGHT OF WAY LINE OF BERMUDA HUNDRED ROAD FROM THE TRUSTEES OF ENON BAPTIST CHURCH On motion of Mr. Miller, seconded by Mr. Warren, the Board accepted the conveyance of a parcel of land containing 0.095 acres along the south right of way line of Bermuda Hundred Road (State Route 697) from the Trustees of Enon Baptist Church, and authorized the County Administrator to execute the deed. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: King, Miller, Humphrey and Warren. Nays: None. Absent: Beirne. 8.C.l0.b. ALONG THE EAST RIGHT OF WAY LINE OF JEFFERSON DAVIS HIGHWAY AND THE NORTH RIGHT OF WAY LINE OF ARROWFIELD ROAD FROM THE TRUSTEES OF COLONIAL HEIGHTS BAPTIST CHURCH On motion of Mr. Miller, seconded by Mr. Warren, the Board accepted the conveyance of four parcels of land containing a total of 0.799 acres along the east right of way line of Jefferson Davis Highway (State Route 1 and 301) and the north right of way line of Arrowfield Road (State Route 1133) from The Trustees of Colonial Heights Baptist Church, and authorized the County Administrator to execute the deed. (It 06-842 09/27/06 is noted copies of the plats are fi led with the papers of thi s Board.) Ayes: King, Miller, Humphrey and Warren. Nays: None. Absent: Beirne. 8.C.10.c. ALONG THE EAST RIGHT OF WAY LINE OF TURNER ROAD FROM KEMLAKE CORPORATION On motion of Mr. Miller, seconded by Mr. Warren, the Board accepted the conveyance of a parcel of land containing 0.092 acres along the east right of way line of Turner Road (State Route 650) from Kemlake 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: King, Miller, Humphrey and Warren. Nays: None. Absent: Beirne. 8. C .10 . d. FOR INTERSECTION IMPROVEMENTS AT REAMS AND ADKINS ROADS 8.C.10.d.1. FROM FRANK G. AND ANNE D. KRESS On motion of Mr. Miller, seconded by Mr. Warren, the Board accepted the conveyance of a parcel of land containing 0.243 acres for intersection improvements at Reams and Adkins Roads from Frank G. Kress and Anne D. Kress, 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: King, Miller, Humphrey and Warren. Nays: None. Absent: Beirne. 8 . C . 10 . d . 2 . FROM MTV DEVELOPMENT COMPANY, LLC On motion of Mr. Miller, seconded by Mr. Warren, the Board accepted the conveyance of a parcel of land containing 0.368 acres for intersection improvements at Reams and Adkins Roads from MTV Development Company, 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: King, Miller, Humphrey and Warren. Nays: None. Absent: Beirne. 8. C .10. d. 3 . FROM MARK J. AND KIMBERLY S. MARSHALL On motion of Mr. Miller, seconded by Mr. Warren, the Board accepted the conveyance of a parcel of land containing 0.221 acres for intersection improvements at Reams and Adkins Roads from Mark J. Marshall and. Kimberly S. Marshall, and authorized the County Administrato:r to execute the deed. (It is noted a copy of the plat is filed with the papers of this Board. ) Ayes: King, Miller, Humphrey and Warren. Nays: None. Absent: Beirne. 06-843 09/27/06 8.C.10.e. FOR MARVA ROAD FROM OAKBRIDGE CORPORATION On motion of Mr. Miller, seconded by Mr. Warren, the accepted the conveyance of a parcel of land containing acres for Marva Road from Oakbridge Corporation, authorized the County Administrator to execute the deed. is noted a copy of the plat is filed with the papers of Board. ) Board 0.807 and (It this - Ayes: King, Miller, Humphrey and Warren. Nays: None. Absent: Beirne. 8. C .10. f . ALONG THE EAST RIGHT OF WAY LINE OF WOOLRIDGE ROAD FROM JAMES F. AND PAULANNE H. THACKER AND STEPHEN W. AND LORI T. CAUDILL On motion of Mr. Miller, seconded by Mr. Warren, the Board accepted the conveyance of a parcel of land containing 0.139 acres along the east right of way line of Woolridge Road (State Route 668) from James F. Thacker and paulanne H. Thacker and Stephen W. Caudill and Lori T. Caudill, 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: King, Miller, Humphrey and Warren. Nays: None. Absent: Beirne. 8.C.10.g. ALONG THE EAST RIGHT OF WAY LINE OF WOOLRIDGE ROAD FROM JAMES F. AND PAULANNE H. THACKER .......... On motion of Mr. Miller, seconded by Mr. Warren, the Board accepted the conveyance of two parcels of land containing a total of 0.669 acres along the east right of way line of Woolridge Road (State Route 668) from James F. and paulanne H. Thacker, 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: King, Miller, Humphrey and Warren. Nays: None. Absent: Beirne. 8. C .10 . h. ALONG THE EAST RIGHT OF WAY LINE OF WOOLRIDGE ROAD FROM JAMES F. THACKER, JAMES F. THACKER RETAINED ANNUITY TRUST, PAULANNE H. THACKER, PAULANNE H. THACKER RETAINED ANNUITY TRUST, CAROL T. SHUMAKER, ALYSON T. STINSON AND LORI T. CAUDILL On motion of Mr. Miller, seconded by Mr. Warren, the Board accepted the conveyance of a parcel of land containing 0.059 acres along the east right of way line of Woolridge Road (State Route 668) from James F. Thacker, James F. Thacker retained Annuity Trust, paulanne H. Thacker, paulanne H. Thacker retained Annuity Trust, Carol T. Shumaker, Alyson T. Stinson and Lori T. Caudill, 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: King, Miller, Humphrey and Warren. Nays: None. Absent: Beirne. 06-844 09/27/06 8 . C .11. CONVEYANCE OF AN EASEMENT TO VERIZON VIRGINIA INCORPORATED TO INSTALL UNDERGROUND CABLE ACROSS COUNTY PROPERTY TO SERVE THE CELL TOWER SITE AT HARROWGATE PARK On motion of Mr. Miller, seconded by Mr. Warren, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute an easement agreement with Verizon Virginia Incorporated to install underground cable across county property to serve the cell tower site at Harrowgate Park. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: King, Miller, Humphrey and Warren. Nays: None. Absent: Beirne. 8. C .12 . CONVEYANCE OF A DRAINAGE EASEMENT TO JEFFERSON GREEN HOLDINGS, LLC TO INSTALL DRAINAGE FACILITIES ON COUNTY PROPERTY AT WATKINS ANNEX-CONNECTIONS ACADEMY On motion of Mr. Miller, seconded by ~1r. Warren, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute a drainage agreement and maintenance contract with Jefferson Holdings, LLC to install drainage facilities on county property at Watkins Annex- Connections Academy. (It is notE~d a copy of the plat is filed with the papers of this Board.) Ayes: King, Miller, Humphrey and Warren. Nays: None. Absent: Beirne. 8.C.13. APPROVAL OF A LEASE ADDENDUM FOR KIWANIS HISTORICAL PARK Mr. King noted that the Kiwanis Historical Park is located in the Bermuda District, rather than the Dale District as indicated in the agenda item. On motion of Mr. Miller, seconded by Mr. approved a lease addendum with Kiwanis Incorporated for Kiwanis Historical Park. Warren, the Board Club of Chester, Ayes: King, Miller, Humphrey and Warren. Nays: None. Absent: Beirne. 8.C.14. REQUESTS FOR PERMISSION 8.C.14.a. FROM WILLIAM S. AND TRACY H. STEWART FOR A PROPOSED FENCE TO ENCROACH WITHIN A SIXTEEN-FOOT DRAINAGE EASEMENT ACROSS LOT 15, DEER RUN, SECTION 11 On motion of Mr. Miller, seconded by Mr. Warren, the Board approved a request from William S. Stewart and Tracy H. Stewart for permission for a proposed fence to encroach within a 16-foot drainage easement across Lot 15, Deer Run, 06-845 09/27/06 Section 11, 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: King, Miller, Humphrey and Warren. Nays: None. Absent: Beirne. 8.C.14.b. FROM JOHN R. AND KRISTIN K. JANSSEN FOR A PROPOSED FENCE TO ENCROACH WITHIN A SIXTEEN-FOOT DRAINAGE EASEMENT, AND AN EIGHT-FOOT EASEMENT ACROSS LOT 15, RUTHERFORD VILLAGE AT CHARTER COLONY On motion of Mr. Miller, seconded by Mr. Warren, the Board approved a request from John R. Janssen and Kristin K. Janssen for permission for a proposed fence to encroach within a 16-foot drainage easement and an 8-foot easement across Lot 15, Rutherford Village at Charter Colony, subject to the execution of a license agreement. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: King, Miller, Humphrey and Warren. Nays: None. Absent: Beirne. -- 8.C.14.c. FROM UNIT INVESTORS LIMITED TO USE AND MAINTAIN AN EXISTING DRIVEWAY WITHIN A PORTION OF A FIFTY-FOOT UNIMPROVED COUNTY RIGHT OF WAY KNOWN AS OMAHA STREET On motion of Mr. Miller, seconded by Mr. Warren, the Board approved a request from Unit Investors Limited for permission to use and maintain an existing driveway within a portion of a 50-foot unimproved county right of way known as Omaha 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: King, Miller, Humphrey and Warren. Nays: None. Absent: Beirne. 8.C.14.d. FROM MELISSA AND GROVER F. SOUTHERS, JR. FOR AN EXCEPTION TO THE USE OF PUBLIC WATER FOR A PROPOSED RESIDENTIAL STRUCTURE LOCATED AT 8850 COURTHOUSE ROAD On motion of Mr. Miller, seconded by Mr. Warren, the Board approved a request from Melissa Southers and Grover F. Southers, Jr. for permission for an exception to the use of public water for a proposed residential structure located at 8850 Courthouse Road. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: King, Miller, Humphrey and Warren. Nays: None. Absent: Beirne. 06-846 09/27/06 Ii I 8.C.15. REQUEST TO QUITCLAIM A PORTION OF A TWENTY-FOOT STORM WATER MANAGEMENT SYSTEM/BEST MANAGEMENT PRACTICE (BMP)/ACCESS EASEMENT AND A PORTION OF A VARIABLE WIDTH STORM WATER MANAGEMENT SYSTEM/BEST MANAGEMENT PRACTICE (BMP) IEASEMENT ACROSS THE PROPERTY OF 360 TOYOTA, LLC On motion of Mr. Miller, seconded by Mr. Warren I the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute a quitclaim deed to vacate a portion of a 20-foot storm water management/best management practice (BMP) /access easement and a portion of a variable width storm water management/best management practice (BMP) easement across the property of 360 Toyota, LLC. (It is noted a copy of the plat is filed with the papers of this Board. ) Ayes: King, Miller, Humphrey and Warren. Nays: None. Absent: Beirne. 8.C.16. TRANSFER FUNDS FROM CHESTERFIELD COUNTY SCHOOLS, APPROPRIATION OF FUNDS FOR AN EMPLOYEE HEALTH CLINIC AND APPROVE A LEASE FOR SPACE AT LUCY CORR VILLAGE On motion of Mr. Miller, seconded by Mr. Warren, the Board transferred $250,000 from Chesterfield County Schools to a county reserve for an Employee Health Clinic; appropriated $250,000 from the reserve; approved a 33-month lease for space at Lucy Corr Village; and authorized the County Administrator to execute said lease agreement in a form approved by the County Attorney. Ayes: King, Miller, Humphrey and Warren. Nays: None. Absent: Beirne. 8.C.17. STATE ROAD ACCEPTANCE On motion of Mr. Miller, seconded by ~1r. Warren, the Board adopted the following resolution: WHEREAS, the streets described below are shown on plats recorded in the Clerk's Office of the Circuit Court of Chesterfield County; and WHEREAS, the Resident Engineer for 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 syst:em of state highways, pursuant to Section 33.1-229, Code.. of Virginia, and the Department's Subdivision Street Regui.E.~ments. AND, BE IT FURTHER RESOLVED, that this Board guarantees a clear and unrestricted right-of-way, as described, and any necessary easements for cuts, fills and drainage. 06-847 09/27/06 AND, BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. TVDe Chanae to the Secondarv Svstem of State Hiahwavs: Addition Basis for Change: Addition, Secondary System, New subdivision street - Statutory Reference: ~33.1-229 Project: Chester Grove, Section A . Chester Grove Drive, State Route Number: 5980 From: Carver Heights Dr., (Rt. 708) To: Chester Grove Ct., a distance of: 0.26 miles. Right-of-way record was filed on 11/21/2003 with the Office Of Clerk To Circuit Court in Pb. 139 Pg. 24, with a width of 50 feet . Chester Grove Court, State Route Number: 5981 From: Chester Grove Dr., (Rt. 5980) To: Cul-de-sac, a distance of: 0.05 miles. Right-of-way record was filed on 11/21/2003 with the Office Of Clerk To Circuit Court in Pb. 139 Pg. 24, with a width of 40 feet . Chester Grove Drive, State Route Number: 5980 From: Chester Grove Ct., (Rt. 5981) To: Piney Ridge Ct., (Rt. 5982), a distance of: 0.06 miles. Right-of-way record was filed on 11/21/2003 with the Office Of Clerk To Circuit Court in Pb. 139 Pg. 24, with a width of 44 feet . Piney Ridge Court, State Route Number: 5982 From: Chester Grove Dr., (Rt. 5980) To: Cul-de-sac, a distance of: 0.03 miles. Right-of-way record was filed on 11/21/2003 with the Office Of Clerk To Circuit Court in Pb. 139 Pg. 24, with a width of 40 feet . Chester Grove Drive, State Route Number: 5980 From: Piney Ridge Ct., (Rt. 5982) To: Cul-de-sac, a distance of: 0.27 miles. Right-of-way record was filed on 11/21/2003 with the Office Of Clerk To Circuit Court in Pb. 139 Pg. 24, - with a width of 44 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, Department of the Resident Transportation Engineer for the has advised this Virginia Board the 06-848 09/27/06 streets meet the requirements established by Street Requirements of the Virginia Transportation. 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 Re~uir~~ents. 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 ChanQe to the Secondary System of State Hlahwavs: Additio!! Basis for Change: Addition, Secondary System, New subdivision street Statutory Reference: ~33.1-229 Project: East Oaklake Boulevard and Wilfong Drive . East Oaklake Boulevard, State Route Number: 5903 From: 0.16 mL SE of Wilfong Dr., (Rt. 5988) To: Wilfong Dr., (Rt. 5988), a distance of: 0.08 miles, Right-of-way record was filed on 9/5/1996 with the Office Of Clerk To Circuit Court in Db. 2925 Pg. 817; Db. 3843 Pg. 390, with a width of 80 feet . Wilfong Drive, State Route Number: 5988 From; 0.15 mL SE of Oaklake BI., (Rt. 5903) To: Oaklake BI.. (Rt. 5903), a distance of: 0.09 miles. Right-of-way record was filed on 9/5/1996 with the Office Of Clerk To Circuit Court in Db. 2925 Pg. 817: Db. 3843 Pg. 390, with a width of 50 feet . East Oaklake Boulevard, State Route Number: 5903 From: Wilfong Dr.. (Rt. 5988) To: Oaklake BI., (Rt. 5903), a distance of: 0.15 miles. Right-of-way record was filed on 9/5/1996 with the Office Of Clerk To Circuit Court in Db. 2925 Pg. 817; Db. 3843 Pg. 390, with a width of 80 feet And, further, the Board adopted th(~ 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 06-849 09/27/06 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. Tvee Chanae to the Secondarv Svstem of State Hiahwavs: Addition Basis for Change: Addition, Secondary System, New subdivision street Statutory Reference: S33.1-229 Project: Watermill, Section 2 . South Windmill Ridge Drive, State Route Number: 7056 From: Watermill Py., (Rt. 5583) To: Flour Mill Dr., (Rt. 7057), a distance of: 0.04 miles. Right-of-way record was filed on 6/18/2006 with the Office Of Clerk To Circuit Court in Pb. 144, Pg. 92, with a width of 50 feet . Flour Mill Drive, State Route Number: 7057 From: South Windmill Ridge Dr., (Rt. 7056) To: Flour Mill Ct., (Rt. 7058), a distance of: 0.05 miles. Right-of-way record was filed on 6/18/2006 with the Office Of Clerk To Circuit Court in Pb. 144, Pg. 92, with a width of 40 feet . Flour Mill Court, State Route Number: 7058 From: Flour Mill Dr., (Rt. 7057) To: Cul-de-sac, a distance of: 0.06 miles. Right-of-way record was filed on 6/18/2006 with the Office Of Clerk To Circuit Court in Pb. 144, Pg. 92, with a width of 40 feet . Flour Mill Drive, State Route Number: 7057 From: Flour Mill Ct., (Rt. 7058) To: Cul-de-sac, a distance of: 0.10 miles. Right-of-way record was filed on 6/18/2006 with the Office Of Clerk To Circuit Court in Pb. 144, Pg. 92, .,.,...., with a width of 40 feet . South Windmill Ridge Drive, State Route Number: 7056 From: Flour Mill Dr., (Rt. 7057) To: Mill Flume Dr., (Rt. 7059), a distance of: 0.09 miles. Right-of-way record was filed on 6/18/2006 with the Office Of Clerk To Circuit Court in Pb. 144, Pg. 92, with a width of 50 feet 06-850 09/27/06 . Mill Flume Drive, State Route Number: 7059 From: South Windmill Ridge Dr., (Rt. 7056) To: Mill Flume Ct., (Rt. 7060), a distance of: 0.03 miles Right-of-way record was filed on 6/18/2006 with the Office Of Clerk To Circuit Court in Pb. 144, Pg. 92, with a width of 40 feet . Mill Flume Court, State Route Number: 7060 From: Mill Flume Dr., (Rt. 7059) To: Cul-de-sac, a distance of: 0.10 miles. Right-of-way record was filed on 6/18/2006 with the Office Of Clerk To Circuit Court in Pb. 144, Pg. 92, with a width of 40 feet . Mill Flume Drive, State Route Number: 7059 From: Mill Flume Ct., (Rt. 7060) To: Cul-de-sac, a distance of: 0.17 miles. Right-of-way record was filed on 6/18/2006 with the Office Of Clerk To Circuit Court in Pb. 144, Pg. 92, with a width of 40 feet . South Windmill Ridge Drive, State Route Number: 7056 From: Mill Flume Dr., (Rt. 7059) To: Water Race Dr., (Rt. 7061), a distance of: 0.10 miles. Right-of-way record was filed on 6/18/2006 with the Office Of Clerk To Circuil Court in Pb. 144, Pg. 92. with a width of 50 feet . Water Race Drive, State Route Number: 7061 From: South Windmill Ridge Dr., (Rt. 7056) To: Temp EOM, a distance of: 0.02 miles. Right-of-way record was filed on 6/18/2006 with the Office Of Clerk To (~ircllit Court in Pb. 144, Pg. 92, with a width of 45 feet . South Windmill Ridge Drive, State Route Number: 7056 From: Water Race Dr., (Rt. 7061) To: Temp EOM, a distance of: 0.01 miles. Right-of-way record was filed on 6/18/2006 with the Office Of Clerk To Circuit Court in Pb. 144, Pg. 92. with a width of 50 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 Engine!:::;:c for the Virginia Department of Transportation has advised this Board the streets meet the requirements established by the Subdivision Street Requirements of the Virqinia Department of Transportation. 06-851 09/27/06 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. Tvoe Chanae to the Secondarv Svstem of State Hiahwavs: Addition Basis for Change: Addition, Secondary System, New subdivision street Statutory Reference: !j33.1-229 Project: Kingsland Glen, Section 2 . Lake Caroline Drive, State Route Number: 7021 From: Kingsland Glen Dr., (Rt. 5445) To: Kingsland Creek Ln., (Rt. 5448), a distance at: 0.04 miles. Right-at-way record was tiled on 4/6/2004 with the Office Ot Clerk To Circuit Court in Pb. 142, Pg. 92, with a width ot 50 teet - . Lake Caroline Drive, State Route Number: 7021 From: Kingsland Creek Ln., (Rt. 5448) To: Lake Caroline Ct.., (Rt. 7022), a distance of: 0.14 miles. Right-ot-way record was tiled on 4/6/2004 with the Office Of Clerk To Circuit Court in Pb. 142, Pg. 92, with a width ot 40 teet . Lake Caroline Drive, State Route Number: 7021 From: Chickamauga Dr., (Rt. 5465) To: Cul-de-sac, a distance at: 0.19 miles. Right-at-way record was tiled on 4/6/2004 with the Office Ot Clerk To Circuit Court in Pb. 142, Pg. 92, with a width ot 40 teet . Lake Caroline Court, State Route Number: 7022 From: Lake Caroline Dr., (Rt. 7021) To: Cul-de-sac, a distance of: 0.05 miles. - Right-at-way record was tiled on 4/6/2004 with the Office Ot Clerk To Circuit Court in Pb. 142, Pg. 92, with a width ot 40 teet . Lake Caroline Drive, State Route Number: 7021 From: Lake Caroline Ct., (Rt. 7022) To: Chickamauga Dr., (Rt. 5465), a distance at: 0.28 miles. Right-ot-way record was tiled on 4/6/2004 with the Office Of Clerk To Circuit Court in Pb. 142, Pg. 92, with a width ot 40 teet 06-852 09/27/06 . Kingsland Creek Lane, State Route Number: 5448 From: 0.08 mi. E of Kingsland Creek Dr., (Rt. 5446) To: Lake Caroline Dr., (Rt. 7021), a distance of: 0.04 miles, Right-of-way record was filed on 4/6/2004 with the Office Of Clerk To Circuit Court in Pb. 142 Pg. 92. with a width of 40 feet And, further, the Board adopted the fo lowing 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 Virqinia Transportation. the Virginia this Board the t.he 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 Virgi!lia, and the Department' s Subdivision Street :E3.eg:~i"E~~~nts. 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 Tvoe Chanae to the Secondary System of State Hlahwavs: Addition Basis for Change: Addition, New subdivision street Statutory Reference: ~33.1-229 Project: Windy Creek, Section B . Dortonway Court, State Route Number: 7039 From: Dortonway Dr., (Rl. 2767) To: Cul-de-sac, a distance of: 0.03 miles. Right-of-way record was filed on 12/10/2004 with the Office Of Clerk To Circuit Court in Pb. 149. Pg. 95. with a width of 40 feet . Dortonway Place, State Route Number: 7040 From: Dortonway Dr., (Rl. 2767) To: Cul-de-sac, a distance of: 0.05 miles. Right-of-way record was filed on 12/10/2004 with the Office Of Clerk To Circuit Court in Pb. 149, Pg. 95, with a width of 40 feet And, further, the Board adopted the following resolution: 06-.853 09/27/06 WHEREAS, the streets recorded in the Clerk's Chesterfield County; and described below are shown on plats Office of the Circuit Court of 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. TVDe Chanae to the Secondary System of State HiQhwavs: Addition Basis for Change: Addition, Secondary System, New subdivision street Statutory Reference: fi33.1-229 Project: Summer Lake, Section 4 . Lake Summer Drive, State Route Number: 5657 From: 0.02 mi. W of Jaydee Dr., (Rt. 5664) To: Blakeway Dr., (Rt. 7078), a distance of: 0.09 miles. Right-of-way record was filed on 3/11/2005 with the Office Of Clerk To Circuit Court in Pb. 152, Pg. 11, with a width of 50 feet . Blakeway Drive, State Route Number: 7078 From: Lake Summer Dr., (Rt. 5657) To: Blakeway Pl., (Rt. 7079), a distance of: 0.06 miles. Right-of-way record was filed on 3/11/2005 with the Office Of Clerk To Circuit Court in Pb. 152, Pg. 11, with a width of 40 feet . Blakeway Place, State Route Number: 7079 From: Blakeway Dr., (Rt. 7078) To: Cul-de-sac, a distance of: 0.01 miles. - Right-of-way record was filed on 3/11/2005 with the Office Of Clerk To Circuit Court in Pb. 152, Pg. 11, with a width of 40 feet . Blakeway Drive, State Route Number: 7078 From: Blakeway Pl., (Rt. 7079) To: Cul-de-sac, a distance of: 0.06 miles. 06-854 09/27/06 Right-of-way record was filed on 3/11/2005 with the Office Of Clerk To Circuit Court in Pb. 152, Pg. 11. with a width of 40 feet . Jennway Loop, State Route Number: 7080 From: Lake Summer Dr., (Rt. 5657) To: Jennway Ct., (Rt. 7081), a distance of: 0.02 miles. Right-of-way record was filed on 3/11/2005 with the Office Of Clerk To Circuit Court in Pb. 152, Pg. 11, with a width of 44 feet . Jennway Court, State Route Number: 7081 From: Jennway Lp., (Rt. 7080) To: Cul-de-sac, a distance of: 0.02 miles. Right-of-way record was filed on 3/11/2005 with the Office Of Clerk To Circuit Court in Pb. 152, Pg. 11, with a width of 40 feet . Jennway Loop, State Route Number: 7080 From: Jennway Ct., (Rt. 7081) To: Jennway Tr., (Rt. 7082), a distance of: 0.20 miles. Right-of-way record was filed on 3/11/2005 with the Office Of Clerk To Circuit Court in Pb. 152, Pg. 11. with a width of 44 feet . Jennway Terrace, State Route Number: 7082 From: Jennway Lp., (Rt. 7080) To: Temp EOM, a distance of: 0.02 miles. Right-of-way record was filed on 3/11/2005 with the Office Of Clerk To Circuit Court in Pb. 152, Pg. 11, with a width of 40 feet . Jennway Place, State Route Number: 7083 From: Jennway Lp., (Rt. 7080) To: Cul-de-sac, a distance of: 0.03 miles. Right-of-way record was filed on 3/11/2005 with the Office Of Clerk To Circuit Court in Pb. 152, Pg. 11, with a width of 40 feet . Jennway Loop, State Route Number: 7080 From: Jennway PI., (Rt. 7083) To: Temp EOM, a distance of: 0.05 miles. Right-of-way record was filed on 3/11/2005 with the Office Of Clerk To Circuit Court in Pb. 152, Pg. 11. with a width of 44 feet . Lake Summer Drive, State Route Number: 5657 From: Jennway Lp., (Rt. 7080) To: Cove Neck Ct., (Rt. 7084), a distance of: 0.06 miles. Right-of-way record was filed on 3/11/2005 with the Office Of Clerk To Circuit Court in Pb. 152, Pg. 11, with a width of 50 feet . Cove Neck Court, State Route Number: 7084 06-855 09/27/06 From: Lake Summer Dr., (Rt. 5657) Cul-de-sac, a distance of: 0.02 miles. To: Right-of-way record was filed on 3/11/2005 with the Office Of Clerk To Circuit Court in Pb. 152, Pg. 11, with a width of 40 feet . Lake Summer Drive, State Route Number: 5657 Cove Neck Ct., (Rt. 7084) From: - - To: Nevil Bend Ln., (Rt. 7086), a distance of: 0.07 miles. Right-of-way record was filed on 3/11/2005 with the Office Of Clerk To Circuit Court in Pb. 152, Pg. 11, with a width of 50 feet . Nevil Bend Lane, State Route Number: 7086 From: Lake Summer Dr., (Rt. 5657) To: Temp EOM, a distance of: 0.01 miles. Right-of-way record was filed on 3/11/2005 with the Office Of Clerk To Circuit Court in Pb. 152, Pg. 11, with a width of 40 feet . Lake Summer Mews, State Route Number: 7085 From: Lake Summer Dr., (Rt. 5657) To: Temp EOM, a distance of: 0.01 miles. Right-of-way record was filed on 3/11/2005 with the Office Of Clerk To Circuit Court in Pb. 152, Pg. 11, with a width of 40 feet . Lake Summer Drive, State Route Number: 5657 From: Nevil Bend Ln., (Rt. 7086) To: Jennway Lp., (Rt. 7080), a distance of: 0.14 miles. Right-of-way record was filed on 3/11/2005 with the Office Of Clerk To Circuit Court in Pb. 152, Pg. 11, with a width of 50 feet . Nevil Bend Turn, State Route Number: 7087 From: Lake Summer Dr., (Rt. 5657) To: Temp EOM, a distance of: 0.01 miles. Right-of-way record was filed on 3/11/2005 with the Office Of Clerk To Circuit Court in Pb. 152, Pg. 11, with a width of 40 feet . Jennway Loop, State Route Number: 7080 From: Lake Summer Dr., (Rt. 5657) To: Temp EOM, a distance of: 0.01 miles. Right-of-way record was filed on 3/11/2005 with the Office Of Clerk To Circuit Court in Pb. 152, Pg. 11, with a width of 44 feet . Lake Summer Drive, State Route Number: 5657 From: Jennway Lp., (Rt. 7080) To: Temp EOM, a distance of: 0.12 miles. 06-856 u 09/27/06 II II I ! Right-of-way record was filed on 3/11/2005 with the Office Of Clerk To Circuit Court in Pb. 152, Pg.l1. with a width of 50 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. Type ChanQe to the Secondary System of State HIQhwavs: ~ddition Basis for Change: Addition, Secondary System, New subdivision street -' Statutory Reference: fi33.1-229 Project: Boncreek . Winslow Road, State Route Number: 1964 From: 0.02 mi. NW of Dwayne Ln., (Rt. 877) To: Woods hill Ct., (Rt. 7091), a distance of: 0.04 miles. Right-of-way record was filed on 3/14/2003 with the Office Of Clerk To Circuit Court in Pb. 132 Pg. 68, with a width of 50 leet . Woodshill Court, State Route Number: 7091 From: Winslow Rd., (At. 1964) To: Cul-de-sac, a distance of: 0.12 miles. Right-ai-way record was filed on 3/14/2003 with the Office Of Clerk To Circuit Court in Pb. 132 Pg. 68, with a width 01 50 feet . Winslow Road, State Route Number: 1964 From: Woodshill Ct., (Rt. 7091) To: Cul.de-sac, a distance of: 0.02 miles. Right-of-way record was filed on 3/14/2003 with the Office Of Clerk To Circuit Court in Pb. 132 Pg. 68, with a width of 50 feet 06-85,7 09/27/06 II II - - II . Boncreek Place, State Route Number: 7092 From: Dwayne Ln., (Rt. 877) To: Cul-de-sac, a distance of: 0.06 miles. Right-of-way record was filed on 3/14/2003 with the Office Of Clerk To Circuit Court in Pb. 132 Pg. 68, with a width of 50 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. TVDe Chanae to the Secondary System of State Hiahwavs: Addition Basis for Change: Addition, Secondary System, New subdivision street Statutory Reference: S33.1-229 Project: Bon Air Crest . Bon Air Crest Drive, State Route Number: 7089 From: Old Bon Air Rd., (Rt. 718) To: Bon Air Crest PI., (Rt. 7090), a distance of: 0.07 miles. Right-of-way record was filed on 4/12/2005 with the Office Of Clerk To Circuit Court in Pb. 152, Pg. 94, with a width of 40 feet . Bon Air Crest Place, State Route Number: 7090 From: Bon Air Crest Dr., (Rt. 7089) To: Cul-de-sac, a distance of: 0.01 miles. Right-of-way record was filed on 4/12/2005 with the Office Of Clerk To Circuit Court in Pb. 152, Pg. 94, with a width of 40 feet . Bon Air Crest Drive, State Route Number: 7089 From: Bon Air Crest PI., (Rt. 7090) To: Cul-de-sac, a distance of: 0.10 miles. 06-858 09/27/06 II Aight-of-way record was filed on 4/12/2005 with the Office Of Clerk To Circuit Courl in Pb. 152, Pg. 94, with a width of 40 feet And, further, the Board adopted the following resolution: WHEREAS, the streets describecl below are shown on plats recorded in the Clerk's Office of the Circuit Court of Chesterfield County; and WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised this Board the streets meet the requirements established by the Subdivision Street Requirements of the Vir9inia Department of Transportation. NOW, THEREFORE, BE IT RESOLVED, that this Board requests the Virginia Department of Transportation to add the streets described below to the secondary system of state highways, pursuant to Section 33.1-229, Code of Virginia, and the Department 's Subdivision Street Req~..:~.!:~.~ent~. AND, BE IT FURTHER RESOLVED, that a clear and unrestricted right-of-way, necessary easements for cuts, fill:3 and this Board guarantees as described, and any drainage. AND, BE IT FURTHER RESOLVED, that a certi fied copy of this resolution be forwarded to thE: Resident Engineer for the Virginia Department of Transportation. Type ChanCle to the Secondary System of State Hlahwavs: eddition Basis for Change: Addition, Secondary System, New subdivision street Statutory Reference: g33.1.229 Project: Founders Bridge, Section 1 . Founders Bridge Road, State Route Number: 1062 From: 0.04 mi. S of Founders Bridge BI., (At. 1160) To: Swallowtail PI., (At. 7093), a distance of: 0.06 m'I,ls. Right-of-way record was filed on 3/15/2002 with the Office Of Clerk To Cireuit Court in Pb. 124, Pg. 63, with a width of 50 feet . Swallowtail Place, State Route Number: 1093 From: Founders Bridge Ad., (At. 7062) To: Founders Bridge Ad., (Rt. 7062), a distance of: 0.17 miles. Right-of-way record was filed on 3/15/2002 with the Office Of Clerk To CirGuit Courl in Pt>. 124, Pg. 63, with a width of 40 feet . Founders Bridge Road, State Route Number: 7062 From: Swallowtail PI., (Rt. 7093) To: Swallowtail PI., (Rt. 7093), a distance of: 0.12 mil!lS. Right-of-way record was filed on 3/15/2002 with the Office Of Clerk To Circuit Court in Pb. 124, Pg. 63, with a width of 50 feet 06-85i9 09/27/06 · Founders Bridge Road, State Route Number: 7062 From: Swallowtail Pl., (Rt. 7093) To: Mabry Mill Dr., (Rt. 7063), a distance ot: 0.21 miles. Right-ot-way record was tiled on 3/15/2002 with the Office Of Clerk To Circuit Court in Pb. 124, Pg. 63, with a width ot 50 teet ~-.... · Founders Bridge Road, State Route Number: 7062 From: Mabry Mill Dr., (Rt. 7063) To: Temp EOM, a distance of: 0.01 miles. Right-ot-way record was tiled on 3/15/2002 with the Office Of Clerk To Circuit Court in Pb. 124, Pg. 63, with a width ot 50 teet . Mabry Mill Drive, State Route Number: 7063 From: Founders Bridge Rd., (Rt. 7062) To: Mulberry Row Rd., (Rt. 7094), a distance ot: 0.12 miles. Right-ot-way record was filed on 3/15/2002 with the Office Ot Clerk To Circuit Court in Pb. 124, Pg. 63, with a width ot 50 teet . Mulberry Row Road, State Route Number: 7094 From: Mabry Mill Dr., (Rt. 7063) To: Cul-de-sac, a distance ot: 0.18 miles. - Right-ot-way record was filed on 3/15/2002 with the Office Of Clerk To Circuit Court in Pb. 124, Pg. 63, with a width ot 40 teet . Mabry Mill Drive, State Route Number: 7063 From: Mulberry Row Rd., (Rt. 7094) To: Fernvale Ct., (Rt. 7095), a distance of: 0.03 miles. Right-ot-way record was filed on 3/15/2002 with the Office Of Clerk To Circuit Court in Pb. 124, Pg. 63, with a width ot 50 teet . Fernvale Court, State Route Number: 7095 From: Mabry Mill Dr., (Rt. 7063) To: Cul-de-sac, a distance ot: 0.08 miles. Right-ot-way record was filed on 3/15/2002 with the Office Of Clerk To Circuit Court in Pb. 124, Pg. 63, with a width ot 40 teet . Mabry Mill Drive, State Route Number: 7063 From: Fernvale Ct., (Rt. 7095) -- To: Temp EOM, a distance ot: 0.09 miles. Right-ot-way record was tiled on 3/15/2002 with the Office Of Clerk To Circuit Court in Pb. 124, Pg. 63, With a width ot 50 teet 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 06-860 09/27/06 WHEREAS, the Resident Engineer for Department of Transportation has advised streets meet the requirements est.ablished by Street Requirements of the Virt]inia 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 Requi~~~ents. 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. Tvoe Chanae to the Secondarv System of State Hlahwavs: Addition Basis for Change: Addition, Secondary System, New subdivision street Statutory Reference: ~33.1.229 Project: Founders Bridge, Section 2 . Founders Bridge Road, State Route Number: 7062 From: 0.01 rni. S of Mabry Mill Dr., (Rt. 7063) To: Founders Bridge Ct., (Rt. 7096), a distance at: 0.08 miles. Right-ot-way record was tiled on 10/29/2003 with the Office Of Clerk To Circuit Court in Pb. 138 Pg. 47, with a width of 50 teet . Founders Bridge Court, State Route Number: 7096 From: Founders Bridge Rd., (Rt. 7062) To: Cul-de-sac, a distance of: 0.04 miles. Right-of-way record was tiled on 10/29/2003 with the Office Of Clerk To Circuit Court in Pb. 138 Pg. 47, with a width of 40 teet . Founders Bridge Road, State Route Number: 7062 From: Founders Bridge Ct., (Rt. 7096) To: Maple Hall Dr., (Rt. 7097), a distance of: 0.18 miles. Right-of-way record was filed on 10/29/2003 with the Office Of Clerk To Circuit Court in Pb. 138 Pg. 47, with a width ot 50 feet . Maple Hall Drive, State Route Number: 7097 From: Founders Bridge Rd., (Rt. 7062) To: Maple Hall Ct., (Rt. 7098), a distance ot: 0.14 miles. Right-of-way record was filed on 10/29/2003 with the Office Of Clerk To Circuil Court in Pb. 138 Pg. 47, with a width ot 40 feet . Maple Hall Court, State Route Number: 7098 From: Maple Hall Dr., (Rt. 7097) 06-861 09/27/06 To: Cul-de-sac, a distance of: 0.08 miles. Right-ot-way record was tiled on 10/29/2003 with the Office Of Clerk To Circuit Court in Pb. 138 Pg. 47, with a width of 40 feet · Maple Hall Drive, State Route Number: 7097 From: Maple Hall Ct., (Rt. 7098) .- To: Temp EOM, a distance of: 0.17 miles. Right-ot-way record was filed on 10/29/2003 with the Office Of Clerk To Circuit Court in Pb. 138 Pg. 47, with a width of 40 teet . Founders Bridge Road, State Route Number: 7062 From: Maple Hall Dr., (Rt. 7097) To: Founders Bridge Tr., (Rt. 7099), a distance ot: 0.20 miles. Right-ot-way record was tiled on 10/29/2003 with the Office Of Clerk To Circuit Court in Pb. 138 Pg. 47, with a width ot 50 teet . Founders Bridge Terrace, State Route Number: 7099 From: Founders Bridge Rd., (Rt. 7062) To: Cul-de-sac, a distance of: 0.19 miles. Right-ot-way record was tiled on 10/29/2003 with the Office Of Clerk To Circuit Court in Pb. 138 Pg. 47, with a width ot 40 teet - . Founders Bridge Road, State Route Number: 7062 From: Founders Bridge Tr., (Rt. 7099) To: North Otterdale Rd., (Rt. 970), a distance ot: 0.10 miles. Right-of-way record was tiled on 10/29/2003 with the Office Of Clerk To Circuit Court in Pb. 138 Pg. 47, with a width ot 50 teet . North Otterdale Road, State Route Number: 970 From: Founders Bridge Rd., (Rt. 7062) To: Temp EOM, a distance ot: 0.06 miles. Right-ot-way record was filed on 10/29/2003 with the Office Of Clerk To Circuit Court in Pb. 138 Pg. 47, with a width ot 70 teet . Founders Bridge Road, State Route Number: 7062 From: North Otterdale Rd., (Rt. 970) To: Cul-de-sac, a distance ot: 0.07 miles. ,;........ Right-of-way record was tiled on 10/29/2003 with the Office Ot Clerk To Circuit Court in Pb. 138 Pg. 47, with a width ot 50 teet Ayes: Nays: Absent: King, Miller, Humphrey and Warren. None. Beirne. 06-862 09/27/06 8. C .18 . APPROPRIATION OF FUNDS FROM DRIVING UNDER THE INFLUENCE REVENUE AND CREATION OF SEVEN DEPUTY POSITIONS FOR THE SHERIFF'S COURT SERVICES DIVISION On motion of Mr. Miller, seconded by Mr. Warren, the Board authorized the appropriation of $250,000 in Driving Under the Influence revenue and creation of seven new deputy positions for the Court Services Division of the Sheriff's Office. Ayes: King, Miller, Humphrey and Warren. Nays: None. Absent: Beirne. 8.C.19. APPROVAL OF A REQUEST FOR STAFF ANALYSIS OF MINIMUM PARKING REQUIREMENTS On motion of Mr. Miller, seconded by Mr. Warren, the Board directed Planning staff to undertake a comprehensive analysis of minimum parking requirements and return recommendations to the Board in six months. Ayes: King, Miller, Humphrey and ~'\larren. Nays: None. Absent: Beirne. 8.C.20. APPROVAL OF A REQUEST TO PREPARE A ZONING ORDINANCE AMENDMENT RELATIVE TO TEMPORARY OVERFLOW PARKING REQUIREMENTS IN THE ZONING ORDINANCE Mr. King stated many churches in the county have regarding parking overflow and are in violation county's zoning ordinance when their members park grass on their own propE:!rty. He further stated requested that Planning staff address this issue, as parking ordinances in general. issues of the on the he has well as On motion directed providing in excess of Mr. Miller, seconded by Mr. Warren, the Board staff to prepare a zoning ordinance amendment for use of alternative parking surfaces for spaces of ordinance re~~irements. Ayes: King, Miller, Humphrey and Warren. Nays: None. Absent: Beirne. 9. REPORTS 9.A. REPORT ON STATUS OF GENERAL FUND BALANCE, RESERVE FOR FUTURE CAPITAL PROJECTS, DISTRICT IMPROVEMENT FUNDS AND LEASE PURCHASES 9.B. REPORT ON DEVELOPER WATER AND SEWER CONTRACTS 9. C. REPORT OF PLANNING COMMISSION SUBSTANTIAL ACCORD DETERMINATION FOR CHESTERFIELD COUNTY UTILITIES DEPARTMENT: COURTHOUSE COMMONS WASTEWATER PUMPING STATION (CASE 07PD0120) On motion of Mrs. Humphrey, seconded by Mr. Warren, the Board accepted the following reports: a RE'!port on the Status of 06-863 09/27/06 General Fund Balance, Reserve for Future Capital Projects, District Improvement Funds and Lease Purchases; a Report on Developer Water and Sewer Contracts; and a Report of Planning Commission substantial accord determination for Chesterfield County Utilities Department: Courthouse Commons Wastewater Pumping Station (Case 07PD0120). - Ayes: King, Miller, Humphrey and Warren. Nays: None. Absent: Beirne. 9. D. REPORT OF PLlWNING COMMISSION SUBSTANTIAL ACCORD DETERMINATION FOR NEW CINGULAR WIRELESS PICS, INCORPORATED: R1744A BIRKDALE (CASE 06PD0398) Mrs. Humphrey requested that Mr. Turner educate regarding the uniqueness of the circumstances this substantial accord determination. the public surrounding Mr. Turner stated the Planning Commission has developed a policy for the siting of towers, and this is an instance where the applicant is co-locating on an existing tower. He further stated the proposal is in conformance with the existing policy and has no impact on the surrounding properties, and the Commission found it to be in accord. - On motion of Mrs. Humphrey, seconded by Mr. Miller, the Board accepted a Report of Planning Commission substantial accord determina tion for New Cingular Wireless PICS, Incorporated: R1744A Birkdale (Case 06PD0398) . Ayes: King, Miller, Humphrey and Warren. Nays: None. Absent: Beirne. 10. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED MATTERS Mr. George Beadles stated he witnessed the professionalism of the county's Police Department at the Genito Road Food Lion following a recent robbery. He further stated he recently attended the Rainbow of Arts event at Rockwood Park and suggested that District Improvement Funds be used to purchase a sign for the main entrance to promote the annual event. 11. DINNER WITH MEMBERS OF VIRGINIA'S EIGHT INDIAN TRIBES "'......... On motion of Mr. King, seconded by Mrs. Humphrey, recessed to the Administration Building, Room 502, with members of Virginia's eight Indian tribes. the Board for dinner Ayes: King, Miller, Humphrey and Warren. Nays: None. Absent: Beirne. Reconvening: 06-864 09/27/06 12. INVOCATION Dr. Roy Foots, Pastor of New Direction Ministries gave the invocation. 13. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Eagle Scout Landon James led the Pledge of Allegiance to the flag of the united States of America. 14. RESOLUTIONS 14.A. RECOGNIZING MS. DEBBIE BRAUN FOR HER LEADERSHIP IN ORGANIZING THE ANNUAL JULY 4TH PARADE AT BRANDERMILL Ms. Ruth introduced Ms. Debbie Braun who was present to receive the resolution. On motion of the Board, the following resolution was adopted: WHEREAS, among Brandermill Community July 4 th Parade; and the many Association accomplishments of the each year is the annual WHEREAS, Ms. Debbie Braun has been coordinating the parade each year since 1980; and WHEREAS, the Brandermill July 4th parade has grown from a small number of participants to a full-fledged annual observance that attracts many participants and onlookers; and WHEREAS, Ms. Braun ensures that parade participants are in place the morning of the parade, obtains judges who select prizewinners, and orchestrates the participation by local companies and other groups. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 27th day of September 2006, hereby recognizes Ms. Debbie Braun for her civic-minded efforts to ensure successful July 4th parades each year for the Brandermill community and others who enjoy this patriotic and festive event, and extends its appreciation and best wishes for continued success. AND, BE IT FURTHER RESOLVED that a copy of this resolution be presented to Ms. Braun and that this resolution be permanently recorded among the papers of t.his Board of Supervisors of Chesterfield County, Virginia. Ayes: King, Miller, Humphrey and Warren. Nays: None. Absent: Beirne. Mr. Warren presented the executed resolution to Ms. Braun, accompanied by Brandermill Communi ty l'1anager Jane Pritz and Mr. Buddy Whitfield, President of the Brandermill Community Association Board of Directors, and expressed appreciation for her efforts in organizing Brandermill's 4th of July Parades. 06-865 09/27/06 Ms. Braun expressed appreciation to the Board for the recognition and invited residents to attend next year's 4th of July Parade. Mr. Whitfield expressed appreciation to the Board for recognizing Ms. Braun and other Brandermill volunteers. - Ms. Pritz stated Brandermill would not be the community it is today without volunteers like Ms. Braun. 14.B. RECOGNIZING TEAM CHESTERFIELD FOR ITS PARTICIPATION IN THE 2006 INTERNATIONAL CHILDREN'S GAMES, HELD IN BANGKOK, THAILAND Ms. Ruth introduced the members and coaches of Team Chesterfield who were present to receive the resolution. On motion of the Board, the following resolution was adopted: WHEREAS, the International Children's Games is an event created in 1968 by Yugoslavian Professor Metod Klemenc; and WHEREAS, the games promote peace and the world's youths through participation cultural activities; and f r i endship among in sports and WHEREAS, Team Chesterfield traveled to Bangkok, Thailand August 21-30, 2006, to participate in this series of games, reminiscent of the OlYmpics; and ,......... WHEREAS, Chesterfield County Chesterfield on the journey and sports and cultural activities; and teachers accompanied Team participated in numerous WHEREAS, young people aged 12-15, from 82 cities around the world, participated in the games; and WHEREAS, among the events were basketball, tennis and gYmnastics; and track and field, WHEREAS, Chesterfield County students and teachers also presented more than 200 books to help Thai students learn English; and WHEREAS, the Chesterfield County presented school supplies to more than kindergarten children; and contingent 100 needy also Thai - WHEREAS, several Chesterfield County students ranked among the best in the world in athletic competitions, including Kristen Greene, 4th in the Shot Put, and Katea Jammot, 5th in the 100 meter race and 7th in the 60 meter race; and WHEREAS, Team Chesterfield County, America proudly and Games. Chesterfield participants Virginia, and the United well at the International represented States of Children's NOW, THEREFORE, BE IT County Board of Supervisors, publicly recognizes Team RESOLVED that the Chesterfield this 27th day of September 2006, Chesterfield's students and 06-866 09/27/06 teachers, congratulates them on participation in the 2006 International wishes them continued success in their endeavors. their successful Children's Games, and athletic and academic AND, BE IT FURTHER RESOLVED, that a copy of resolution be presented to Team Chesterfield, and that resolution be permanently recorded among the papers of Board of Supervisors of Chesterfield County, Virginia. this this this Ayes: King, Miller, Humphrey and lNarren. Nays: None. Absent: Beirne. Mrs. Humphrey presented executed resolutions to each coach and member of Team Chesterfield, commended them on their excellent representation of Chesterfield County, and wished them future success. Ms. Gretchen Simard, Delegation, expressed recognition and stated the students. Head 0 f appreciation thi s was an the Team Chesterfield to the Board for the amazing opportunity for 14.C. RECOGNIZING BOY SCOUTS UPON ATTAINING THE RANK OF EAGLE SCOUT 14.C.l. MR. LANDON CHADWICK JAMES" MIDLOTHIAN DISTRICT 14.C.2. MR. THOMAS JOSEPH MILANO, DALE DISTRICT Ms. Ruth introduced Mr. Landon ,James and Mr. Thomas Milano, who were present to receive the resolutions. On motion of the Board, the following resolution was adopted: WHEREAS, the Boy Scouts of America was incorporated by Mr. William D. Boyce on February B, 1910, and was chartered by Congress in 1916; and WHEREAS, the Boy Scouts of Am,erica 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 proj ect bentO;!ficial to their community, being active in the troop, demonstrating Scout spirit, and living up to the Scout Oath and Law Mr. Landon Chadwick James, Troop 869, sponsored by Salisbury Presbyterian Church and Mr. Thomas Joseph Milano, Troop 877, sponsored by Chester Presbyterian Church, have accomplished those high standards of commitment and have reached the long-sought goal of Eagle Scout which is received by only four percent of those individuals entering the Scouting movement; and WHEREAS, learning the growing through their experiences in Scouting, lessons of responsible citizenship, and 06-867 09/27/06 endeavoring to prepare themselves for roles as leaders in society, Landon and Thomas have distinguished themselves as members of a new generation of prepared young citizens of whom we can all be very proud. ~ NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 27th day of September 2006, hereby extends its congratulations to Mr. Landon Chadwick James and Mr. Thomas Joseph Milano, and acknowledges the good fortune of the county to have such outstanding young men as its citizens. Ayes: King, Miller, Humphrey and Warren. Nays: None. Absent: Beirne. Mr. Miller presented the executed resolutions and patches to Mr. James and Mr. Milano, accompanied by members of their families, congratulated them on their outstanding achievement, and wished them well in their future endeavors. Mr. James and Mr. Milano each expressed appreciation to many people and organizations for the support they received with their Eagle Scout projects. 14.D. RECOGNIZING VIRGINIA'S EIGHT INDIAN TRIBES AND THEIR IMPORTANCE IN THE HISTORY OF VIRGINIA ........." Ms. Ruth introduced representatives from each of Virginia's eight Indian tribes, who were present to receive the resolution. On motion of the Board, the following resolution was adopted: WHEREAS, centuries before the first Europeans landed at Jamestown in 1607, Native Americans thrived in what is now the Commonwealth of Virginia; and WHEREAS, today, there are eight tribes in Virginia that have been officially recognized by the Commonwealth of Virginia; the Chickahominy, Eastern Chickahominy, Mattaponi, Upper Mattaponi, Nansemond, Rappahannock, Monacan Indian Nation and Pamunkey; and WHEREAS, Pocahontas, daughter of Chief powhatan, lived in Pamunkey territory, later married John Rolfe, and served as a strong link between Virginia's Indians and the European continent; and - WHEREAS, Pocahontas lived at the Citie of Henricus, located in modern-day Chesterfield County and a portion of Henrico County; and WHEREAS, in July 2006, the chiefs of the eight tribes journeyed to Gravesham, Kent, England, the burial site of Pocahontas, to mark the start of commemorations noting the 400th anniversary of the founding of Jamestown, Virginia; and WHEREAS, representatives from Chesterfield County, along with other representatives from the Commonwealth of Virginia and the U.S. Embassy in London, were also in attendance; and 06-868 09/27/06 WHEREAS, during their weeklong visit to the United Kingdom, the Virginia Indians participated in the Gravesend cultural festival, known as The Big Day Out, were presenters at the National Historical SYmposium - "Rewriting the History Books II at the Uni versi ty of Kent, and also visi ted local schools to share lessons on Native American culture; and WHEREAS, all parties enjoyed the cementing of relationships among the Indian tribes, Virginia and the United Kingdom, and jointly celebrated the life of Pocahontas and the many contributions of Virginia's Indians; and WHEREAS, other commemorative events planned for the upcoming year include one at Virginia Quay in London, the site from which the English settlers departed for the New World, and a series of events in the U. S., to mark the settlers' landing on Jamestown Island; and WHEREAS, as has been the caSl:: for the past 400 years, Virginia Indians will be an integral and vital part of these historic events; and WHEREAS, Chesterfield County values the Virginia's Indians throughout the centuries, the future of Virginia. importance today, and of in NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this ::nth day of September 2006, publicly recognizes Virginia's eight Indian tribes, thanks them for their friendship and cooperative spirit in commemorating the 400th anniversary of the founding of Jamestown in 2007, and looks fontJard to continued strong, cordial and mutually beneficial relationships between the Virginia Indian tribes and Chesterfield County, Virginia. Ayes: King, Miller, Humphrey and Warren. Nays: None. Absent: Beirne. Mr. King presented executed resolutions to Ms. Gerri Reynolds, Rappahannock Tribe; Mr. Reggie Stewart, Chickahominy Tribe; Mr. Keith Smith, Nansemond Tribe; Mr. Ben Adams, Upper Mattaponi Tribe; Ms. Karenne Wood, Monacan Tribe; Mr. powhatan Owen, Chickahominy Tribe; Mr. Reggie Tupponce, Upper Mattaponi Tribe; and Chief Ken Adams, Upper Mattaponi Tribe, and stated he had. the honor to be in their presence in Gravesham, England at the burial site of Pocahontas. He further stated, with the 400-year celebration approaching, this is Chesterfield's way of honoring Our friends, the Indians. Chief Adams stated it is an honor to be recognized by Chesterfield County. Mr. Tupponce expressed appreciation recognition and invited residents Mattaponi Spring Festival on Memorial to the Board for the to attend the Upper Day weekend. Mr. Owen thanked the county for the honor. Ms. Wood stated she looks forward to the 400-year celebration and further interaction with Chesterfield County. 06-869 09/27/06 Mr. Adams stated he is proud to be here and thanked the Board for the recognition. Mr. Smith thanked the Board for the recognition and stated the trip to England was a very humbling experience. Mr. Stewart thanked Mr. King and members of the Board for recognizing the contributions of his ancestors and of the existing tribal members in the state to the economy and society. Ms. Reynolds thanked the county for the recognition and stated she will never be able to express how meaningful the trip to England was. A standing ovation followed. 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 06SN0311 - In Matoaca Magisterial District, JOHN NOLDE requests amendment to Conditional Use Planned Development (Case 03SN0214) and amendment of zoning district map relative to permitted uses and building size. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for single family residential use of 2.0 units per acre or less. This request lies in a Residential (R-9) District on 4.1 acres fronting approximately 350 feet on the east line of Woolridge Road fronting approximately 470 feet on the south line of Watermill Parkway, also fronting approximately 180 feet on the west line of Sailboat Drive and located in the southwest quadrant of the intersection of these roads. Tax ID 719-687- Part of 2245. Mr. Turner provided a summary of Case 06SN0311 and stated the Planning Commission and staff recommended denial. He further stated the applicant has submitted amended proffered conditions, which substantially alter the case, and staff is requesting that the Board remand Case 06SN0311 to the Planning Commission. Mr. John Nolde stated he supports remanding Case 06SN0311 to the Planning Commission. Mr. King called for public comment. No one came forward to speak to the remand request. After brief discussion, on motion of Mrs. Humphrey, seconded by Mr. King, the Board, at the request of the applicant, remanded Case 06SN0311 to the Planning Commission. Ayes: King, Miller, Humphrey and Warren. Nays: None. Absent: Beirne. 06-870 09/27/06 06SN0155 (Amended) In Midlothian Magisterial District, CONTINENTAL 184 FUND LLC requests rezoning and amendment of zoning district map from Community Business (C-3), Residential (R-7) and Agricultural (A) to Regional Business (C-4) with Conditional Use to permit multifamily residential uses and a Conditional Use Planned Development to permit exceptions to Ordinance requirements. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for regional mixed use and medium density residential use of 1.51 to 4.0 units per acre. This request lies on 70.1 acres fronting approximately 400 feet on the south line of Hobious Road approximately 1,780 feet on the north line of Koger Center Boulevard and approximately 800 feet on the west line of Old Farm Road. Tax IDs 742-711-0925 and Part of 6653; 742-712-4671, 9467 and 9735; 742-713-8076 and 9753; 743-711-Part of 7937; 743-712- 1198; and 743-713-0527. Mr. Turner stated staff is requesting a deferral 06SN0155 until October 25, 2006, pending the Commission's action on this case. of Case Planning Mr. John Easter, representing supports the deferral of Case 2006. the applicant, 06SN0155 until stated October he 25, Mr. King called for public comment. No one came forward to speak to the deferral. On motion of Mr. Miller, seconded by Mr. Warren, the Board deferred Case 06SN0155 until October 25, 2006. Ayes: King, Miller, Humphrey and VlJarren. Nays: None. Absent: Beirne. 06SN0250 In Dale Magisterial District, SHAWN WEST requests Conditional Use and amendment of zoning district map to permi t a family day care home in a Residential (R-7) District. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for residential use of 2.51-4.0 dwelling units per acre. This request lies on 0.7 acre and is known as 7401 Hopkins Road. Tax ID 782-677-2190. Mr. Turner presented a summary of Case 06SN0250 and stated the Planning Commission and staff recommended approval subject to conditions. No one was present representing the applicant. Mr. Miller expressed concerns that the applicant was not present. He requested that staff attempt to contact the applicant and that the request be moved until later in the agenda. 06-871 09/27/06 06SN0272 ,- In Clover Hill Magisterial District, PERSIAN PROPERTY, LLC requests rezoning and amendment of zoning district map from Agricultural (A) to Residential Townhouse (R-TH) plus Condi tional Use Planned Development to permit exceptions to Ordinance requirements. Residential use of up to 8.0 units per acre is permitted in a Residential Townhouse (R-TH) District. The Comprehensive Plan suggests the property is appropriate for mixed use corridor use. This request lies on 4.5 acres fronting approximately 500 feet on the south line of Hull Street Road, also fronting approximately 370 feet on the east line of Astor Road and located in the southeast quadrant of the intersection of these roads. Tax ID 758-690- 2095. Mr. Turner presented a summary of Case 06SN0272 and stated the Planning Commission and staff recommended approval subject to one condition and acceptance of the proffered conditions. He noted that the applicant has amended Proffered Condi tion 10 to address the revised Marshall and Swift cost index, and the Board would need to suspend its rules to consider the amended proffered condition. Mr. David Goff, representing the applicant, recommendation is acceptable. stated the Mr. King called for public comment. ,.........., No one came forward to speak to the request. At Mr. King's request, Mr. Carmody explained that there were several cases already in progress when the Board adopted the Marshall and Swift cost index for cash proffers. He stated several cases this evening have amended proffered conditions to address the revised Marshall and Swift cost index for cash proffers. On motion of Mr. Warren, suspended its rules at Proffered Condition 10. seconded by Mr. Miller, the Board this time to allow for amended Ayes: King, Miller, Humphrey and Warren. Nays: None. Absent: Beirne. Mr. Warren then made a motion, seconded by Mr. Miller, for the Board to approve Case 06SN0272, subject to the following condition: The Textual Statement dated May 2, 2006, shall be considered the Master Plan. And, further, the Board accepted the following proffered conditions: 1. Utilities: Public water and wastewater systems shall be used. (U) 2. Timbering: Except for timbering approved by the Virginia State Department of Forestry for the purpose of removing dead or diseased trees, there shall be no 06-872 09/27/06 timbering on permi t has Engineering installed. the Property until been obtained from Department and (EE) a land disturbance the Environmental approved devices the 3. Storm Water retention: The developer will retain the 10 year post development runoff on site and release at the 2 year predevelopment rate. (EE) 4. Buffers: a} A forty-five (45) foot buffer shall along the southern project boundary, Tax IDs 758-690-5081 and 5886. This comply with the requirements of Ordinance for fifty (50) foot buffers. be provided adjacent to buffer shall the Zoning --< b) All required buffers shall be located within recorded open space. c) Within the buffer adjacent to Hull Street Road, earthen berms will be created with vegetation planted consistent with zoning Ordinance requirements for perimetl'?r Landscaping "C", Option 2.b. (P) 5. Site Layout: Development of the prope:t~ty shall generally conform to the Proposed Site Layout, prepared by Persian Property, LLC and dated May 2, 2006 with respect to the relationship between the lots, sidewalks and focal points. (P) 6. Planting: Street trees shaJ.l be provided along both sides of all sidewalks within the development. (P) -' 7. Focal Point: A minimum of 0.75 acres of the required open space shall serve as a focal point as one enters the project. Part of this area shall be hardscaped and have benches or other amenities that accommodate and facilitate gatherings. The focal point shall be developed concurrent with first phase of development. ( P) 8. Sidewalks: Sidewalks shall be provided along the front of all units. Ornamental pedestrian scale lighting, not to exceed fourteen (14) feet in height, shall be provided to illuminate the sidewalks. (P) 9. Density: A maximum of twenty-four shall be permitted on the property. (24 ) (P) dwelling units 10. Cash Proffer: For each dwelling unit developed, the applicant, subdivider, or assignee(s} shall pay the following to the County of Chesterfield prior to the issuance of a building permit for each dwelling unit for infrastructure improvements wi thin the service district for the Property: a) $15,600 per dwelling uni t if paid prior to July 1, 2007; or b) The amount approved by the Board of Supervisors not to exceed $15,600 per dwelling unit adjusted upward 06-S73 09/27/06 by any increase in the Marshall and Swift Building Cost Index between July 1, 2006 and July 1 of the fiscal year in which the paYment is made if paid after June 30, 2007. c} Cash proffer paYments shall be spent for the purposes proffered or as otherwise permitted by law. d} Should Chesterfield County impose impact fees at any time during the life of the development that are applicable to the Property, the amount paid in cash proffers shall be in lieu of or credited toward, but not in addition to, any impact fees, in a manner as determined by the County. (B&M) 11. Dwelling size: The minimum gross floor area of each dwelling unit shall be 1,200 square feet. (P) 12. Building Material: The facades of dwelling units shall be constructed of brick, brick or stone veneer, split face block, wood, vinyl or composition of such materials. All exposed portions of the foundation of each dwelling unit shall be faced with brick or split face block veneer. (P) 13. Garage: All garages shall be rear or side loaded. (P) 14. Driveway: All private driveways serving each dwelling unit shall be hardscaped. The exact treatment shall be approved at the time of tentative subdivision plan review. (P) 15. Roadway: All roads that accommodate general traffic circulation through the development, as determined by the Transportation Department, shall be designed and constructed to VDOT standards and taken into the State System. (T) 16. Access: No direct vehicular access shall be provided from the property to Hull Street Road (Route 360). (T) 17. The following restrictive covenants prior to or in conjunction with the subdivision plat for the property: shall be recorded recordation of any A. No lot shall be used except for residential purposes. No business uses (profit or non-profit) including home occupations shall be conducted on the premises. Home occupations may be permitted if approved by the Homeowner's Association. - B. No improvements including, without limitation, a dwelling, accessory, structure, or addition such as a carport, driveway, porch, sidewalk, roof, lamp post, fence, garage, or other outbuildings, to the extent permitted by law, antenna, or similar device, or change in the exterior color or building material shall be made, erected, altered, or replaced unless two sets of detailed plans and specifications, including a site plan locating all such improvements and describing exterior finishes (material and color, including roof) have first 06-874 09/27/06 been submitted to and approved by Declarant in writing. C. Declarant reserves unto itself the right and privilege to install gas lines, water lines, sewer lines, storm sewers, electric lines, telephone and telegraph poles, lines and wires, and other utilities and appurtenances in the street and roads of the Subdivision and along the property lines of the Lots, and to grant to other persons, companies, or corporations any or all of such rights and privileges, but the reservation of such rights shall not relieve any grantee from the obligation to pay the usual and customary charges made with respect to his Lot for the installation and/or connection of utilities. D. In considering requests for approval of fences and hedges, the following general guidelines will be applied: 1. No fence shall be permitted in the front yard of any Lot (between the building setback line and street or sidewalk line). 2. No fence or hedge shall generally be permitted higher than 48 inches of any Lot. 3. No chain link fences or fences of other materials similar in nature or appearance will be permitted on any Lot, E. No sign of any kind shall be displayed to public view on any Lot, unless first approved in writing by Declarant, except on sign of not more than four (4) square feet advertising the property for sale or rent, or signs used by the initial construction and sales period. F. No use shall be made of any Lot, or any part thereof which constitutes a nuisance or which would adversely affect the value or marketability of other Lots. No stables, swine, sheep, cows, or the like shall be permi tted on any Lot. All trash, garbage and/ or rubbi sh shall be kept in sani tary containers located so as not to be visible from a public street except as necessary for limited times in connection with pickup and removal by disposal services and except during periods of construction. G. No driveway, entranceway, or sidewalk shall be constructed on any Lot unless approved as provided in paragraph "B". H. No structure of a temporary character or any trailer, tent, barn, or other outbuildings shall be used on any Lot at any time as a residence, either temporarily or permanently. 1. No trees over six (6) inches in removed from any Lot without approval of the Declarant. diameter shall be the prior written 06-875 09/27/06 J. No portable air conditioner units shall be placed in any window of a dwelling or other building if visible from a public street. K. Except as otherwise provided by applicable Law, no exterior television antenna (including "dish" type) or other antennas shall be permitted to extend over five (5) feet above the roofline of any building. - L. No motor vehicle will be parked on or adjacent to any Lot which does not have a current state license, state inspection sticker, and county license, and no commercial vehicle, such as a school bus, delivery truck, or other large vehicle or equipment will be parked on a street in the subdivision or on any Lot. No recreational vehicle (mobile home, camping trailer, and other similar vehicles) shall be parked on a street in the subdivision or on any Lot except in a driveway. M. In addition to the foregoing conditions and restrictions, the Lots shall be subj ect to easements for drainage and utilities, including power and telephone lines, as shown on the plat, and any other easements of record at the time of conveyance of any Lot. N. Invalidation of anyone of the provisions of these restrictions by judgment, court order, or otherwise shall in no way affect any of the other provisions which shall remain in full force and effect. - O. Declarant reserves the right to assign and transfer to any person, persons, or enti ty some or all of its rights provided herein and in such event such transferee shall have and may exercise all such rights to the same extent as if he, they, or it were the Declarant. P. Declarant shall have the full right and privilege to enforce all restrictions and conditions contained herein by appropriate proceeding at law for damages and/or in equity for appropriate injunctive relief and restraining orders to prevent violations, or to require violations to be corrected, together with damages sustained including, without limitation, attorneys' fees and costs. In addition, any Owner shall have, after seventy five percent (75%) or more of the Lots have been conveyed to purchasers other than builders, the right to enforce compliance with these restrictions as provided in this paragraph. ,- Q. These restrictions shall run with the land and be binding upon any and all succeeding owners, their personal representatives, estates, heirs, devisees, assigns, or succeSSors in interest or any other partied having or taking an interest in or to the Property, or any part thereof. The restrictive covenants shall not be changed for a period of ten (10) years from the date of the issuance of the first building permit. The covenants shall automatically be extended for successive periods of 06-876 09/27/06 ten (10) years unless otherwise provided in a written instrument executed by the owners of a majori ty of the Lots in the Subdivision unless a release, waiver, or breach of anyone or more of the restrictions contained herein or any part thereof is required or agreed to by a court or governmental authority having jurisdiction over the Property. R. Declarant, as owner of all of the Property subjected to the Declaration, shall, at such time as it is deems appropriate but no later than such time as eighty-five percent (85%) of the Lots are owned by persons other than the Declarant, cause to be incorporated under the laws of the Commonwealth of Virginia a non profit corporation to be named "Longwood Town Homeowner's Association" or a similar name (the "Association"). 1. Declarant shall deed all common areas to the Association. The Association shall be responsible for the management, care and upkeep of all common areas and shall maintain adequate casualty and liability insurance on all common areas. In addition, the Association shall also be responsible for the care and upkeep of all residence building exteriors, entrance porches, walkways, and roofs. 2. All Owners shall be members ("Members") of the Association and shall be enti tIed to one (1) vote, per each Lot owned by them (provided, however, that if a Lot is owned by more than one owner, the owners of such Lot shall be enti tled to only one vote between them), on all matters which are required to be decided by a vote of the Merobers of the Association. 3. The Members shall annually elect a five (5) member board of directors (the "Board of Directors") which shall be responsible for operating the Association, provided, however, that until such time as eighty-five percent (85%) of the Lots are owned by persons other than builders of the Declarant, the Board of Directors shall consist of five (5) directors all of whom shall be selected by the Declarant. The Association shall maintain adequate liability and fiscal malfeasance insurance on all members of the Board of Directors. 4. By the time of the Association's incorporation, the Declarant shall provide an ini tial set of by-laws and an initial set of covenants and guidelines for the fair use of the development. This will include rules and restrictions concerning issues of visual aesthetics, nuisances, noise, pets, and uses of common areas. The Board of Directors shall have the responsibility to enforce these rules and restrictions by applying a special 06-.877 09/27/06 -~ .......... '-~ assessment against the subj ect lot owner for each offense. In addition, any cost accrued to the Board of Directors in rectifying a violation of the covenants will be reimbursed through a special assessment against the subject lot owner. 5 . Each year the Board of Directors shall prepare an annual budget (the "Budget") containing an itemization of the expenses which the Association anticipates it will incur during the upcoming year to fulfill its responsibili ties hereunder. The Budget shall contain contingencies of no less than 2% of the current total budget for unforeseeable non-capi tal expenses. The Budget shall be sent to each owner together with a notice of assessment (the "Annual Assessment") for the owner's pro rata share of the budget, which shall be computed by dividing the total Budget by the number of Lots. The Annual Assessment will be collected in monthly payments from all Owners in the manner designated by the Board of Directors. 6. In addition to any Annual Assessments, the Association may levy in any assessment year a special assessment (the "Special Assessment") applicable to that year only for the purpose of defraying in whole or in part the cost of any reconstruction, unexpected repair, or replacement of a capital improvement, including the necessary fixtures and personal property related thereto, provided that any such Special Assessment shall have the consent of the Owners of two-thirds (2/3) of the Lots. 7. The Association shall maintain a capital reserve (the "Capital Reserve") for the funding of capital expenses in sufficient amounts as to meet the needs of all exterior repairs and maintenance including items such as painting, and roof replacement for all structures wi thin the development. The timetable for painting shall not exceed 8 years and the timetable for roof replacement shall not exceed the manufacturer's specified life expectancy. The ini tial funding of the Capital Reserve shall begin with the occupancy permit received for the first home and shall initially be based on the number of homes in the first building unit along with all common areas. The total Capital Reserve will increase proportionally to cover all the homes in each additional building unit once the first home of each unit receives its occupancy permi t . The Capi tal Res erve wi 11 be collected in such a manner as to reach full funding in no more than 5 years. Thereafter, the Board of Director will maintain the Capital Reserve in the Budget at no less than 95% of it full funding. 06-878 09/27/06 8. Any Annual Assessment of Special Assessment (the "Assessments") which is not paid by an Owner within such time a.s shall be determined by the Board of Directors shall bear interest at a rate per annum determined by the Board of Directors from such date until paid and shall consti tute a lien upon the Lot owned by such Member, without limitation, mortgages, deeds of trust, or any other lien hereafter placed upon any Lot, except a first mortgage of deed of trust securing a loan by a bona fide insti tutional lender to which such lien shall be subordinate. No Owner may waive or escape liability for the assessments hereunder for any reason. No sale or other transfer shall relieve any owner from liability for any Assessments due nor any Lot from the lien of any Assessments. The amount of any such lien may be enforced by sui t or otherwise at the election of the Association and the Owner shall be required to reimburse the Association for all attorneys' fees and expenses incurred in so doing, the amount of which shall also constitute a lien on the Lot as herein provided. Notwi ths tanding the above, a party who acquires title to a Lot by virtue of the foreclosure of lien secured by a first mortgage of deed of trust to which this lien is subordinate or by a deed or assignment in lieu of foreclosure any liability of lien chargeable to such Lot on account of any period of time prior t.:o such acquisi tion of title. Said acquiring party shall, however, be bound by the provisions of this Declaration including, without limitation, Assessments effective after said acquisition of title. S. The Declarant hereby reserves the right, a Declarant's sole discretion, to add any additional land to the property subject to the Declaration of Protective Covenants. (P) Ayes: King, Miller, Humphrey and Warren. Nays: None. Absent: Beirne. 06SN0314 (Amended) In Midlothian Magisterial District, BELVEDERE DEVELOPMENT COMPANY, LLC requests amendment to rezoning (Case 02SN0214) and amendment of zoning district map relative to phasing of commercial development. The density of such amendment will be controlled by zoning condi tions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for light industrial use. This request lies in a Neighborhood Business (C-2) District on 3.3 acres fronting approximately 300 feet on the north line of Robious Road approximately 400 feet east of West Huguenot Road. Tax ID 741-714-3585. 06-879 09/27/06 Mr. Turner presented a summary of Case 06SN0314 and stated the Planning Commission and staff recommended approval and acceptance of one proffered condition. Mr. Will Homiller, representing the applicant, stated the recommendation is acceptable. Mr. King called for public comment. - No one came forward to speak to the request. On motion of Mr. Miller, seconded by Mr. King, the Board approved Case 06SN0314 and accepted the following proffered condition: Phasing of Commercial Development. Prior to issuance of any certificate of occupancy for any use on Parcel C-2, either (i) at least temporary certificates of occupancy shall have been granted for a building (other than as part of a multi- family project) of at least 2,300 gross square feet on Parcel C or (ii) Parcel C shall have been incorporated into a multi- family project on Parcel A and at least temporary certificates of occupancy shall have been granted for the phase of such project of which Parcel C is a part. (P) (Staff Note: This proffered condition supersedes Proffered Condition 2 of Case 02SN0214.) Ayes: King, Miller, Humphrey and Warren. Nays: None. Absent: Beirne. ......... 06SN0250 In Dale Magisterial District, SHAWN WEST requests Conditional Use and amendment of zoning district map to permit a family day care home in a Residential (R-7) District. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for residential use of 2.51-4.0 dwelling units per acre. This request lies on 0.7 aCre and is known as 7401 Hopkins Road. Tax ID 782-677-2190. Ms. Rogers stated she was unable to reach the applicant of Case 06SN0250 by telephone. Mr. Miller stated he has some questions regarding this case and will defer it until the applicant can be present. Mr. Miller then made a motion, seconded by Mr. King, for the Board to defer Case 06SN0250 until October 25, 2006. c~ Mr. King called for public comment. No one came forward to speak to the deferral. Mr. King called for a vote on the motion of Mr. Miller, seconded by Mr. King, for the Board to defer Case 06SN0250 until October 25, 2006. Ayes: King, Miller, Humphrey and Warren. Nays: None. Absent: Beirne. 06-880 09/27/06 Mr. Miller requested that Ms. Rogers have the applicant contact him. 06SN0315 In Bermuda Magisterial District, CALVARY BAPTIST CHURCH requests Conditional Use Planned Development and amendment of zoning district map to permit a computer-controlled, variable message, electronic sign. The density of such amendment will be controlled by zoning condi tions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for community commercial/mixed use corridor use. This request lies in Residential (R-7) and Community Business (C- 3) Districts on 2.4 acres fronting approximately 280 feet on the east line of Jefferson Davis Highway across from Jackson Street. Tax IDs 799-630-7246, 7351 and 9459. Mr. Turner presented a summary of Case 06SN0315 and stated the Planning Commission and staff recommended approval subject to one condition. Mr. Henry Moore, representing the applicant, requested that the Board consider allowing the sequence of the changing of the variable message to be more closely aligned with State Code requirements. Mr. King called for public comment. No one came forward to speak to the request. Mr. Turner stated the applicant is requesting that the frequency of the message be changed from ten seconds to four seconds. Mr. King stated he has no problem with the frequency change. Mr. Warren stated the policy adopted by the Board permitted a message change every ten seconds so that the signs did not become a nuisance to passers-by. Mr. Turner stated when the Planning Commission and the Board adopted the policy that set standards for the operation of electronic signs, concerns were expressed that messages did not change so frequently that they became a distraction. Mr. Warren and Mr. Miller both expressed concerns relative to setting a precedent by approving Mr. Moore's request. Mr. King stated he was unaware of Mr. Moore's request until this time. He further stated, if the applicant is agreeable, he will defer the request and take a look at what is being requested. Mr. Moore stated four seconds would allow the sign to change one time for viewing by those in vehicles passing by; however, the applicant could accept the ten-second interval. He further stated he has no problem with a 30-day deferral. On motion of Mr. King, seconded by Mr. Miller, the Board deferred Case 06SN0315 until October 25, 2006. Ayes: King, Miller, Humphrey and Warren. Nays: None. Absent: Beirne. 06..881 09/27/06 06SN0225 In Bermuda Magisterial District, TORSTEN PETERSON TRUSTEE requests rezoning and amendment of zoning district map from Agricultural (A) and Light Industrial (I-l) to Community Business (C-3). The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for light industrial use. This request lies on 4.3 acres fronting approximately 320 feet on the north line of Bermuda Hundred Road approximately 510 feet east of Kingston Avenue. Tax IDs 820-652-1338 and 2728. Mr. Turner presented a summary of Case 06SN0225 and stated it is his understanding that the applicant is now seeking a 90- day deferral. Mr. King stated he spoke with a representative of the applicant earlier today, who requested a 90-day deferral. He further stated the applicant is not present at the meeting. Mr. King then called for public comment. No one came forward to speak to the deferral. On motion of Mr. King, seconded by Mr. Warren, the Board deferred Case 06SN0225 until December 13, 2006. Ayes: King, Miller, Humphrey and Warren. Nays: None. Absent: Beirne. 06SN0309 In Clover Hill Magisterial District, ALLEN L. KIDD requests rezoning and amendment of zoning district map from Neighborhood Office (0-1) to Residential (R-12). Residential use of up to 3.63 units per acre is permitted in a Residential (R-12) District. The Comprehensive Plan suggests the property is appropriate for medium density residential use of 1.51 to 4.0 units per acre. This request lies on 0.6 acre fronting approximately 260 feet on the south line of Knightsbridge Road, also fronting approximately 100 feet on the west line of North Arch Road and located in the southwest quadrant of the intersection of these roads. Tax ID 752-705- 4058. - Ms. Beverly Rogers presented a summary of Case 06SN0309 and stated the Planning Commission recommended approval and acceptance of the proffered conditions, indicating that the proposal conforms to the Northern Area Plan. She further stated staff recommended denial, indicating that the Northern Area Plan is approximately 20 years old, and, in staff's opinion, single-family residential use is no longer appropriate for this area and would not provide the appropriate transition between the office park and the single-family subdivision immediately to the west. She stated an amended proffered condition was submitted to address the revised Marshall and Swift cost index for cash proffers, but does not adequately address the impact of the development on school facilities. 06-882 09/27/06 Mr. Allen Kidd stated he and his wife want to downsize and would like to build a home directly across from his office, which was originally a single-family dwelling and has no signage or anything to indicate that it is an office. He further stated he does not see the property being developed as an office because it is less than one-half acre in size. He requested the Board's approval of the rezoning request. Mr. King called for public comment. No one came forward to speak to the request. On motion of Mr. Warren, seconded by Mr. King, the Board suspended its rules at this time to allow for the amended Proffered Condition 3. Ayes: King, Miller, Humphrey and Warren. Nays: None. Absent: Beirne. Mr. Warren then made a motion, seconded by Mr. Miller, for the Board to approve Case 06SN0309 and accept the following proffered conditions: 1. Prior to the issuance of a building permit, forty-five 45} feet of right-of-way on the west side of North Arch Road, measured from the centerline of that part of North Arch Road immediately adjacent to the property, shall be dedicated, free and unrestricted, to and for the benefit of Chesterfield County. (T) 2. No direct vehicular access property to North Arch Road. shaLl (T) be provided from the 3. The applicant, subdivider, or assignee(s) shall pay the following to the County of Chesterfield, prior to the issuance of a building permit, for infrastructure improvements within the service district for the property: a. $10,269 per dwelling unit if paid prior to July 1, 2007; or b. The amount approved by the Board of Supervisors, not to exceed $10,269 per dwelling unit as adjusted upward by any increase in t:he Marshall and Swift Building Cost Index between July 1, 2006 and July 1 of the fiscal year in which the paYment is made if paid after June 30, 2007. At the time of paYment, the $10,269 will be allocated pro-rata among the facility costs as follows: $602 for parks and recreation, $348 for library facilities, $8,915 for roads, and $404 for fire stations. PaYments in excess of $10,269 shall be prorated as set forth above. c. Cash proffer paYments purposes proffered or law. (B&M) shall be spent for as otherwise permitted the by 06-883 09/27/06 4. Only one (1) single family dwelling shall be constructed on the property. (P) Ayes: King, Miller, Humphrey and Warren. Nays: None. Absent: Beirne. - 06SN0317 (Amended) In Clover Hill Magisterial District, CHARLES AND ROBIN PRIMM request rezoning and amendment of zoning district map from Agricultural (A) and Light Industrial (I-I) to Community Business (C-3) of 3.1 acres and Residential Townhouse (R-TH) of 109 acres. Residential use of up to 8.0 units per acre is permitted in a Residential Townhouse (R-TH) District. The density of the Community Business (C-3) District will be controlled by zoning conditions Or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for open space, light industrial, light commercial, medium densi ty residential use of 1.51 to 4.0 uni ts per acre and medium/high density residential use of 4.01 to 7.0 units per acre. This request lies on 112 .1 acres fronting approximately sixty (60) feet on the north line of Hull Street Road approximately 350 feet west of Suncrest Drive; fronting approximately 1,650 feet on the west line of Suncrest Drive approximately 430 feet north of Hull Street Road; also fronting approximately 940 feet on the east line of Terrybluff Drive at paulbrook Drive; and also lying off the eastern termini of Gregwood Road and Puckett Place. Tax IDs 745-688-5770; 746-685-Part of 4190; 746- 687 -3 681; 746- 689-7818; and 747-686-1688. Ms. Rogers presented a summary of Case 06SN0317 and stated the Planning Commission and staff recommended approval of the rezoning and acceptance of the proffered conditions. She further stated Proffered Condi tion 1 has been amended to reflect the revised Marshall and Swift cost index for cash proffers. She stated the Planning Commission recommended approval of the request for waiver to street connectivity requirements, indicating that the neighborhood supported Gregwood Road not being extended into the property. She further stated staff denial of the request for waiver to street connectivity requirement to Gregwood Road, indicating that this can best be evaluated through the subdivision review process. Mr. Jim Theobold, representing the applicant, stated the request is consistent with the Powhite/Route 288 Development Plan. He provided details of the various road connections planned for the townhome community. He stated there are seven proposed access points, and the applicant does not think traffic from the townhome community should be placed through the single-family attached subdivision along Gregwood Road. He further stated residents of the neighborhood attended the Planning Commission meeting urging the waiver to connecti vi ty. He stated proffered conditions include a 50- foot buffer, exclusive of lot requirements, to separate the communities; a density cap; and various road improvements. He requested the Board's approval of the Planning Commission's recommendation. Mr. King called for public comment. 06-884 09/27/06 Mr. Robert Halligan, a resident of Cor:r:yville Circle, stated his property borders Falling Creek, indicating that his property line changes as the c:r::-eek changes. He expressed concerns relative to the impact of drainage from the proposed development into Falling Creek. He also expressed concerns relative to additional traffic from the proposed development on Courthouse Road. There being no one else to speak to the request, the public hearing was closed. In response to Mr. Warren's questions, Mr. McElfish stated the applicant will be required to provide a wetlands delineation and meet all the standards of locating the resource protection area on the subject property. In response to Mr. Warren's road improvements have been this vicinity, which could development breaking ground. question, Mr. McCracken stated funded for Courthouse Road in be constructed prior to this Discussion ensued relative to access points from the proposed development, phasing of the internal road improvements and density of the project. Mrs. Humphrey stated she will support the request for waiver to connectivity because of the road improvements being provided in conjunction with the initial development. Mr. Warren made a motion, seconded by Mr. King, for the Board to suspend its rules at this time to allow for consideration of amended Proffered Condition 1. Ayes: King, Miller, Humphrey and Warren. Nays: None. Absent: Beirne. On motion of Mr. Warren, seconded by Mr. King, the Board approved Case 06SN0317 and accepted the following proffered conditions: The property owners and applicant in this rezoning case, pursuant to Section 15.2-2298 of the Code of Virginia (1950 as amended) and the Zoning Ordinance of Chesterfield County, for themselves and their successors or assigns, proffer that the property under consideration will be developed according to the following proffers if, and only if, the rezoning request submitted herewith is granted with only those conditions agreed to by the owners and applicant. In the event this request is denied or approved with conditions not agreed to by the owners and applicant, the proffers shall immediately be null and void and of no furt.her force or effect. APPLICABL.E TO R'rH PARCELS 1. Cash Proffers. The applicant, subdivider, or assignee (s) shall pay the following to the County of Chesterfield, prior to the issuance of a building permit, for infrastructure improvements within the service district for the Property: 06-885 09/27/06 b. ,- a. $15,600.00 per dwelling unit if paid prior to July 1, 2007. At the time of payment, the $15,600 will be allocated pro-rata among the facility costs as follows: $5,331 for schools, $602 for parks and recreation, $348 for library facilities, $8,915 for roads, and $404 for fire stations. Thereafter, such payment shall be the amount approved by the Board of Supervisors not to exceed $15,600.00 per unit as adjusted upward by any increase in the Marshall and Swift Building Cost Index between July 1, 2006 and July 1 of the fiscal year in which the payment is made if paid after June 30, 2007. If, upon the mutual agreement of the Transportation Department and the applicant, the applicant provides road improvements (the "Improvements"), other than those identified in Proffered Condition 12, then the transportation component in this Proffered Condition shall be reduced by an amount not to exceed the cost to construct the Improvements so long as the cost is of equal or greater value than that which would have been collected through the payment(s) of the road component of the cash proffer as determined by the Transportation Department. Once the sum total amount of the cash proffer credit exceeds the cost of the Improvements, as determined by the Transportation Department, thereafter the applicant shall commence paying the cash proffer as set forth in this Proffered Condition as adjusted for the credi t. For the purposes of this proffer, the costs, as approved by the Transportation Department, shall include, but not be limited to, the cost of right-of-way acquisition, engineering costs, costs of relocating utilities and actual costs of construction (including labor, materials, and overhead) ("Work") . Before any Work is performed, the applicant shall receive prior written approval by the Transportation Department for the Improvements and any credit amount. c. Cash proffer payments purposes proffered or law. the by shall be spent for as otherwise permitted d. Should Chesterfield County impose impact fees at any time during the life of the development that are applicable to the property, the amount paid in cash proffers shall be in lieu of or credited toward, but not in addition to, any impact fees, in a manner as determined by the county. (B&M) - 2. Buffers. All required buffers adjacent to residentially-zoned property shall be recorded in open space. (P) 3. Utili ties. The public water and wastewater systems shall be utilized. (U) 4. 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 06-886 09/27/06 permi t has been obtained from the Engineering Department and t.he approved been installed. (EE) Environmental devices have 5. Access. No residential units shall have sole access to the Property via Gregwood Road. (P) 6. Materials. of brick, thickness foregoing. BI) The ext.erior facades of all homes shall be stone or vinyl siding having a minimum of 0.042 mils, or a combination of the Masonite siding shall not be utilized. (P & 7. Restrictive Covenant. The following restrictive covenant shall be recorded prior to, or in conjunction wi th, the recordation of any subdivision plat: The required homeowners' association for the townhome development shall be responsible for the maintenance of the exteriors of homes as follows: (a) painting, repair, maintenance and replacement of gutters and downspouts; (b) maintenance of roofs, shingles, sheathing and felt; and (c) exterior building wall surfaces (exclusive of doors and windows). (P) 8. Overall Density. The aggregate density on the Property shall not exceed more than four (4) units per acre. 9. Right of Way Dedication. In conjunction with recordation of the initial subdivision plat or prior to any site plan approval, a seventy (70) foot wide right-of-way for a north/south collector ("Suncrest Drive Extended") from the southern property line to the eastern property line at the adjacent parcel to the east identified as Tax ID 7476895339, and a seventy (70) foot wide right-of-way for a east/west collector ("Paulbrook Drive Extended") from Terrybluff Drive to Suncrest Drive Extended shall be dedicated, free and unrestricted, to and for the benefit Chesterfield County. The exact location of these rights-of-way shall be approved by the Transportation Departmen t . (T) 10. Access Plan. Prior to any tentati ve subdivision plat approval or any si te plan approval, whichever occurs first, an access plan for Suncrest Drive Extended and Paulbrook Drive Extended shall be submitted to and approved by the Transportation Department. Vehicular access from the property to these roads shall conform to the approved access plan. (T) 11. Public Roads. All roads that acconunodate general traffic circulation through the residential development, as determined by the Transportation Department, shall be designed and constructed to VDorr standards and taken into the State System.. (T) 12. Transportation Improvements. '1'0 provide an adequate roadway system, the developer shall be responsible for the following. The exact design and length of these improvements shall be approved by the Transportation Department: a. Construction/Reconstruction of a two-lane road for Suncrest Drive Extended, to VDOT Urban Collector 06..887 09/27/06 (40 MPH) standards with modifications approved by the Transportation Department, from approximately 300 feet north of Route 360, north through the property to the eastern property line at the adjacent parcel identified as Tax ID 7476895339. b. Construction of Extended, to standards with Transportation, Drive Extended. a two-lane road for paulbrook Drive VDOT Urban Collector (40 MPH) modification approved by the from Terrybluff Drive to Suncrest c. Construction Street Road intersection of additional pavement along (Route 360) at the Suncrest to provide a right turn lane. Hull Drive d. Construction lane typical and two (2) from Route approximately of a raised median with a three (3) section (i.e., one (1) northbound lane southbound lanes) for Suncrest Drive 360 north for a distance of 300 feet. e. Full cost of traffic signal modification at the Suncrest Drive/Route 360 intersection, if necessary, as determined by the Transportation Department. f. Construction of left and right turn lanes along Suncrest Drive Extended and along paulbrook Drive Extended at each approved access, including at the Suncrest Drive Extended/paulbrook Drive Extended intersection, if warranted based on Transportation Department standards. g. Dedication to the county, free and unrestricted, of any additional right-of-way (or easements) required for the improvements identified above. In the event the developer is unable to acquire the "off- site" right-of-way that is necessary for the road improvements described in Proffered Conditions 12 a.,d., and e., the developer may request, in writing, that the county acquire such right-of-way as a public road improvement. All costs associated with the acquisition of the right-of-way shall be borne by the developer. In the event the county chooses not to assist the developer in acquisition of the "off-site" right-of-way, the developer shall be relieved of the obligation to acquire the "off- site" right-of-way and shall provide the road improvements within available right-of-way as determined by the Transportation Department. (T) 13. Phasing Plan. Prior to any site plan approval or any construction plan approval, whichever occurs first, a phasing plan for the required road improvements as identified in Proffered Condition 12 shall be submitted to and approved by the Transportation Department. The approved phasing plan shall require, among other things: a. that in conjunction with initial development on the property, the road improvements described in Proffered Conditions 12 b., c., d. and e. shall be 06-888 09/27/06 completed, as determined by the Transportation Department; b. that in conjunction with the initial development on the property, that portion of Suncrest Drive Extended described in Proffered Condi tion 12. a. shall be completed north of Route 360 through the property to the northwes t corner of the property line at the adjacent parcel identified as Tax ID 7476873556, as determined by the Transportation Department; and c. prior recordation of more than one hundred seventy- five (175) lots, the remainder of the Suncrest Drive Extended improvements described in Proffered Condi tion 12. a. shall be completed, as determined by the Transportation Department. (T) APPLICABLE TO C-3 PARCEL 14. Utilities. The public water and wastewater systems shall be utilized. (U) Ayes: King, Miller, Humphrey and Warren. Nays: None. Absent: Beirne. Mr. Warren then made a motion, seconded by Mr. Miller, for the Board to approve the request for waiver to street connectivity requirements to Gregwood Road for Case 06SN0317. Ayes: King, Miller, Humphrey and Warren. Nays: None. Absent: Beirne. 07SN0114 In Matoaca Magisterial District, SARAH H. SYLVESTER requests a temporary manufactured home permi t: to park a temporary manufactured home in a ResidEmtial (R-7) District and amendment of zoning district map. The density of such amendment is approximately O.S!) unit per acre. The Comprehensive Plan suggests the property is appropriate for residential use of one (I) unit per acre or less and Village Commercial. This property is kno\tffi as 6402 River Road. Tax ID 780-609-2158. Ms. Donna McClure presented a summary of Case 07SN0114 and stated staff recommended denial because the temporary manufactured home is out of character of the residential and commercial area. She further stat.ed the applicant's mother has requested that Condition 1 be amended to indicate that the applicant will be the occupant of the temporary manufactured home only. Ms. Linda Kofron, representing the applicant, stated she is requesting that a mobile home be located on the lot behind her so that her mother can live close by because of her health conditions. Mr. King called for public comment. 06-889 09/27/06 No one came forward to speak to the request. Mrs. Humphrey stated, under normal circumstances, she would not recommend approval of this request; however, it is a temporary permit and the adj oining property owners support the request. - On motion of Mrs. Humphrey, seconded by Mr. King, the Board suspended its rules at this time to allow for the amended Condition 1. Ayes: Nays: Absent: Abstain: King, Humphrey and Warren. None. Beirne. Miller. After brief discussion, on motion of Mrs. Humphrey, seconded by Mr. King, the Board approved Case 07SNOl14, subject to the following conditions: 1. The applicant shall be the occupant of the temporary manufactured home. 2. This 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 additional 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: Nays: Absent: Abstain: King, Humphrey and Warren. None. Beirne. Miller. 06SN0318 ,- In Matoaca Magisterial District, EDCO, L.L.C. requests amendment to rezoning (Case 95SN0278) and amendment of zoning district map relative to vehicular access to Route 360. The density of such amendment will be controlled by zoning condi tions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for community mixed use, conservation: passive recreation and single family residential use of 2.2 units per acre or less. This request lies in a Community Business (C-3) District on 66.7 acres fronting approximately 1,600 feet on the south line of Hull Street Road fronting approximately 1,400 feet on the east line of Ashlake Parkway and also fronting approximately 2,400 feet on the north line of Ashbrook Parkway. Tax ID 722-670- 1277. Ms. Rogers presented a summary of Case 06SN0318 and stated the Planning Commission, on a vote of 3-0, with two abstentions, recommended approval and acceptance of the proffered condition, indicating that the signalized 06-890 09/27/06 intersection is needed to insure safety of drivers. She further stated staff recommended denial, indicating that approval of this request could adversely impact traffic safety and efficiency of the Hull Street Road corridor, and current zoning permi ts the property to have accesses at two signalized intersections, which will provide adequate access. Mr. Jim Theobold, representing the applicant, stated the requested traffic signal is absolu.tE:!ly necessary, indicating that retail development will occur on the subject property whether or not the request is approved. He further stated a recent traffic study has been completed indicating that the signal is justified. He requested the Board's approval of the Planning Commission's rec ommen cIa t ion. Mr. King called for public comment. Mr. Jerry Stroud, representing the Board of Directors of Lakepointe Homeowners Association, expressed concerns relative to traffic issues when entE~ring the eastbound lanes of Route 360 from Lakepointe. He stated the applicant has provided a recent traffic study, and Transportation staff has made its recommendation based on a 1995 traffic study, indicating that the traffic situation is much different now than it was 11 years ago. He statE~d he supports the proposed traffic signal for safety reasons and requested the Board's approval of the rezoning amendment. In response to Mr. Miller's questions Mr. McCracken stated, from his perspective, nothing has changed at this intersection since 1995 and he thinks VDOT shares staff's opinion that they would prefer not to see a signal at this location. He expressed concerns relative to traffic signals all along Route 360 f indicating that this is significantly different from his vision for the road. He stated, on a scale of one to ten, he is a ten against this request. Mr. Theobold stated approval of the request will only permit the applicant to ask VDOT to approve the traffic signal. He further stated the applicant has agreed to pay for the traffic signal if and when VDOT apprOVE~S it. There being no one else to speak to the request. the public hearing was closed. Mr. Warren stated he supports applicant and appreciates Mr. stated the traffic signal IJakepointe. the request as presented by the Stroild's comments. He further will, help the residents of Mrs. Humphrey stated she travels this area four mornings a week, and there is no doubt that safe access to Lakepointe should be a priority. She further stated safe traffic movement on this section of Hull Street depends upon the proper signalization. She provided details of the distance between existing traffic signals and the proposed traffic signal. She stated VDOT should decide whether the intersection should be signaled, and approval of this request will provide them a tool to pay for it. She further stated she does not want to risk VDOT closing any of the crossovers in this vicinity of Hull Street in the future. 06-891 09/27/06 Mrs. Humphrey made a motion for the Board to approve Case 06SN0318 and accept the proffered conditions. Mr. King stated he will abstain from voting because of the strong opposition from Mr. McCracken. - Mr. Miller stated he hears constantly about congestion and gridlock on Route 360 and realizes that traffic signals create the potential for rear-end collisions. He further stated he is uncomfortable with reversing the 1995 action of the Board of Supervisors and will also abstain from voting. Mr. Warren seconded Mrs. Humphrey's motion to approve Case 06SN0318 and accept the proffered conditions. Mrs. Humphrey stated she met with Mr. Tom Woodlake Board of Directors, and Woodlake negative position against the request. Hokstra of the did not have a Mr. King stated his allegiance falls with staff, and he is comfortable in abstaining. transportation Mr. Warren stated it is clear that the decision will be made by VDOT, and he is comfortable with the process for acquiring a traffic signal. He further stated, once the project is begun, there will be even more justification for a traffic signal. Mr. King called for a vote on the motion of Mrs. Humphrey, seconded by Mr. Warren, for the Board to approve Case 06SN0318 and accepted the following proffered condition: Direct access to Route 360 shall be limited to two (2) entrances/ exi ts. One (1) access shall align the existing crossover located on Route 360 between the Ashlake Parkway and the Winterpock Road intersections. The second direct access to Route 360 shall be located approximately midway between the Ashlake Parkway intersection and the other direct access at the existing crossover previously described. Prior to any site plan approval or tentative subdivision approval, whichever occurs first, an access plan for Route 360, Ashlake Parkway, Ashlake Parkway Extended and Ashbrook Parkway Extended shall be submitted to and approved by the Transportation Department. Access for this property shall conform to the approved access plan. To provide an adequate roadway system, the developer shall be responsible for the full cost of traffic signalization at the full access entrance located approximately midway between the Ashlake Parkway intersection and the other direct access at the existing crossover previously described. (t) (Note: This proffered condition supersedes Proffered Condition 5 of Case 95SN0278 for the request property only.) Ayes: Nays: Absent: Abstain: Humphrey and Warren. None. Beirne. King and Miller. Mr. King requested a ten-minute recess. Reconvening: 06-892 09/27/06 05SN0238 In Clover Hill Magisterial District I BRACEY, LLC requests rezoning and amendment of zoning district map from Agricultural (A) to Convenience Business (C-l). The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for residential use of 2.0 units per acre Or less. This request liE~s on 4.2 acres fronting approximately 600 feet on the soutJ:\ line of Genito Road, also fronting approximately 900 feet on the west line of Woolridge Road and located in the southwest quadrant of the intersection of these roads. Tax ID 718-685-8949. Ms. Rogers presented a summary of Case 05SN0238 and stated this request was considered by the Board at its July meeting and deferred to allow the applicant time to meet wi th the residents and Mr. Warren. She further stated a community meeting was held on August 30th, and area residents expressed concerns relative to commercial encroachment into the area and the potential for increased noise, odor and crime. She stated the Planning Commission and staff recommended denial because the proposed zoning and land uses do not conform to the Upper Swift Creek Plan and the proposal fails to address transportation impacts and potentiaJ. safety hazards. She further stated, should the Board wish to approve the request, Proffered Condi tions 6 and 7 relating to outdoor speaker systems and boat access to the reservoir should not be accepted, as these uses would not be permitted in the requested zoning district. She stated staff has received 117 letters or postcards in opposition to the request and 25 letters or postcards in support of the request. Mr. Harley Joseph, representing the applicant, stated the request is solely for a sit-down restaurant similar to Sunday's Restaurant on the other side of the reservoir. He further stated both the current and proposed Upper Swift Creek Plans indicate that the subject property is appropriate for residential use. He stated, as an engineer, he does not think the intersection of Genito and Woolridge Roads and the Transportation staff's suggestion to place the sole access all the way to the south would work with any type of residential development. He further stated Principal planner Jimmy Bolling indicated to him that the intersection is typical for community business, but was not designated as such because of its proximity to the reservoir. He stated he met with Dr. Tom pakurar to discuss water quality issues, and as a result, the applicant has agn,~ed to use on-site BMPs and physical filters, as well as contributing to the regional fund. He further stated, if the property were developed as residential, no on-site BMPs would be required and the residential run-off would be allowed to enter the reservoir untouched. Discussion ensued relative to what: is currently located on, and what is planned for, the properties at the other quadrants of this intersection. Mr. Joseph stated the applicant was approached to provide one lane on Genito Road and two lanes on Woolridge Road, but he does not know why staff believed t:he proposed restaurant 06-893 09/27/06 would generate that need. He further stated the applicant has agreed to dedicate 45 feet of right of way on both Woolridge and Geni to Roads, add a turn lane on Woolridge Road, and to place the entrance as far south as physically possible and channel it for right-in and right-out traffic. He stated the transportation proposal impacts the Via property and the Greater Richmond Sailing Association. In response to Mr. King's question, Mr. Joseph stated Dr. pakurar supports the request because the water quality proposal is two-fold what would be provided by a residential subdivision. He further stated residential development of the property will burden the county, but a restaurant will provide revenue. He stated, based on the usable portion of the subj ect property and the required land dedication for roads, the restaurant would be no larger than 7,000 square feet and could only handle between 100 and 150 seats. He further stated the restaurant will not generate a lot of traffic and requested the Board's support of the proposal. Mr. King called for public comment. Mr. C. L. Morrissette, Jr., a co-owner of the subject property, provided details of the applicant's investment in the property. He stated neighboring residents will utilize the restaurant, indicating that the traffic will be lessened by the residents not having to travel 7 miles or more to restaurants. - Ms. Susan Via, co-owner adjacent to the subject proposed restaurant. of the rectangular piece of property, stated she supports land the Ms. Linda Via Royster, co-owner of the rectangular piece of land adjacent to the subject property, stated she does not think the traffic will be worse with the restaurant than it would be wi th residential development. She further stated she supports the proposal. Mr. Roland Brown, Commodore of the Greater Richmond Sailing Association, requested that the Board deny the request because of the impact the traffic proposal would have on access to the association's property. He stated fire and rescue personnel use the association's facility for training and emergencies, and a median would prevent them from entering the property from certain directions. Mr. Alberto Gonzales, a resident of Edgewater, stated he does not support the request because of the additional traffic and noise that would be generated. - Mr. Richard Padgett, a resident of the Edgewater Subdivision and member of the Greater Richmond Sailing Association, stated he does not support the proposed development because it will degrade the residential character planned for the area. He further stated the parcel is very desirable for residential development. Mr. Shawn Klause, President of the Edgewater Neighborhood Association, stated he does not support the restaurant. He further stated Edgewater residents purchased their property wi th the understanding that the subj ect property would be 06-894 09/27/06 developed as residential. He requested that the Board support the 117 people who oppose tb.e :n:?quest. Ms. Lucy Grant, a resident of Kingspoint, stated her house is directly across the water from where this restaurant would be established. She further stated she does not support the proposed development and would prefer residential development on the property rather than commercial. Ms. Tina Jackenheart, a resident of Edgewater stated she does not support the proposal and about traffic that would be generated Subdivision, is concerned Mr. Anthony Deeza, an Edgewater homeowner, stated residential development on the subject property would generate much less traffic than a restaurant, indicating that he does not support commercial zoning at this location. Ms. Andrea Epps stated property wbich is zoned in Edgewater for commercial use should provide enough commercial area for a very nice restaurant and requested that the rezoning request be denied. She further stated this proposal represents a perfect example of what a transfer of development rights ordinance could do for the county. Ms. Teresa Kniphuisen, a resident of Shorewood Place, stated she would have a view of the proposed restaurant from her back yard, indicating that she strongly opposes the request. Mr. Joseph clarified that the Greater Richmond Sailing Association opposes the county's transportation plan, which includes multi lanes of traffic and a median, whether or not this request is approved. He statE~d, although the restaurant would be located in the Clover Hill District, the Edgewater Subdivision is in Matoaca District. He noted there would be at least 100 feet of trees between the water and any structure that is built on the property due to environmental restrictions, noting that people living across the water would not have any more of a view of the restaurant than they would of residential development. There being no one else to speak 1::.0 the request, the public hearing was closed. In response to Mr. King's question, Mr. McCracken stated the recommended road design would be the same wi th residential development on the property as it would with commercial. He further stated Woolridge Road is a maj or corridor, and any significant development and turning movements in proximity to the intersection would create a problem. Mr. Warren stated he wants to see as much commercial development as possible in the county because of the current ratio of residential to commercial. He further stated he is aware of commercial development in the area that will serve the needs of the residents, and he is also concerned about traffic safety in this vicinity. Discussion ensued relative to residential development proposed in the vicinity of the subject property. 06-895 09/27/06 In response to Mr. Warren's question, Ms. Rogers stated there is not presently commercial development planned for any of the quadrants of the Wooldridge/Genito Road intersection. Mr. Warren stated, if the Board were to approve the request, it is likely that the property owners across the street would want to rezone their property for commercial development. Ms. Rogers stated staff has indicated a concern about setting a precedent if the Board rezones the subj ect property for commercial use. In response to Mr. Warren's questions, Mr. McCracken stated staff understands that a median would create a difficult circumstance for access to and from the sailing association's property. He further stated the sailing club is a very low traffic generator, and a gap could be left in the median so that their access would not be restricted. He stated, if the subject property were developed for commercial uses or as a heavy traffic generator, it would be very complicated to provide the access for the sailing club. Discussion ensued relative to the type of residential development that could be built on the subject property. -- Mr. Warren stated, although he would like a quaint restaurant on the water, he sees other restaurants locating in the vicinity on Hull Street. He further stated both the Planning Commission and staff recommended denial; the request does not comply with the existing or proposed Upper Swift Creek Plan; and the proposal fails to address transportation safety concerns. Mr. Warren then made a motion, seconded by Mrs. Humphrey, for the Board to deny Case 05SN0238. Mrs. Humphrey stated the subject parcel and the surrounding undeveloped parcels are not large enough to contribute to the necessary transportation improvements for this area unless the density increases. She further stated she thought a restaurant was not a bad idea, since residential development of the property will probably be in the form of townhouses or waterfront condominiums. Mr. King stated it would appear that this would be a great location for a restaurant, but he will support Mr. Warren's motion. - Mr. Miller stated he cannot imagine a better location for a restaurant, but the proposal does not comply with the Plan. He further stated he believes the residents will lose much more view of the water with residential development than with a restaurant. He stated he will support the motion, although he does not know if residential development will be the best result. Mr. King seconded 05SN0238. called for a vote by Mrs. Humphrey, on the motion of for the Board to Mr . Warren, deny Case Ayes: King, Miller, Humphrey and Warren. Nays: None. Absent: Beirne. 06-896 09/27/06 16. PUBLIC HEARINGS 16.A. TO CONSIDER EXECUTION OF AN AGREEMENT BETWEEN THE COUNTY AND THE VIRGINIA DEPARTMENT OF TRANSPORTATION PROVIDING FOR THE REMOVAL OF ILLEGAL SIGNS WITHIN THE RIGHT OF WAY OF ROADS Ms. Tara McGee stated this date and time has been advertised for a public hearing for the Board to consider execution of an agreement between the county and the Virginia Department of Transportation that would allow the county to be an agent of VDOT for removing illegal signs wi thin the right of way and taking enforcement actions against those who place illegal signs within the right of way. She further stated, since January 2004, the county's Code Compliance Supervisor, Mr. Ted Barclay, has been allowed to remove illegal signs within the right of way and he has removed over 12,000 signs during this period. Discussion ensued rela ti ve to ri sk management issues with allowing county personnel and volunteers to assist in removing illegal signs and the economic impact of the risk management issues. Mr. Warren stated the volunteer program will save the county money and staff resources. Mr. King called for public comment. Mr. Dick Page commended Ms. McGee for her professionalism in addressing this issue. He stated approval of the agreement is a giant step toward the recovery of the county's landscape from "sign squatters" and their commercial graffiti. He further stated, once the agreement is implemented with an established fine per incident, the volume of signs and violations would be reduced to the point that the ci tizen auxiliary could relieve county staff of temporary sign duty. Mr. C. L. Morrissette, Jr. stated he agrees along the road is distasteful, but expressed the volunteers be educated regarding removal roads that are designated as "Bird Act" roads. that signage concerns that of signs on Mr. Joe Cacciotti stated he supports the agreement and suggested that an environmental impact fee of 5 percent be imposed on the cost of printing these signs and that the Board approach the General Assembly about implementing the fee statewide. Mr. King stated Ms. McGee will look into the issues raised by the citizens. There being no one else to speak to the issue I the public hearing was closed. On motion of Mr. King, seconded by Mr. Warren, the Board adopted the following resolution: WHEREAS, the Board of Supervisors of Chesterfield County, Virginia ("Board"), has the authority to enter into an agreement with the Virginia Department of Transportation 06-897 09/27/06 (VDOT) under ~ 33.1-375.1(D) of the Code of Virginia, Annotated; and WHEREAS, a public meeting was held on September 27, 2006, to determine if the public health, safety, morale, or welfare requires that a sign removal program be adopted. - NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Chesterfield County, Virginia, does hereby approve an Agreement with the Virginia Department of Transportation under ~ 33.1-373 of the Code of Virginia, Annotated, to adopt a County sign removal program, and designates the Zoning Administrator to be the County's responsible party for enforcement under this Agreement. (It is noted a copy of the agreement is filed with the papers of this Board.) Ayes: King, Miller, Humphrey and Warren. Nays: None. Absent: Beirne. On motion of Mr. Miller, seconded by Mr. Warren, the Board suspended its rules at this time to allow for consideration of agenda items after 11:00 p.m. Ayes: King, Miller, Humphrey and Warren. Nays: None. Absent: Beirne. 16.B. TO CONSIDER MODIFICATION TO THE JEFFERSON DAVIS AND WALTHALL ENTERPRISE ZONE BOUNDARIES; THE CREATION OF THREE NEW ENTERPRISE SUBZONES; AND AMENDMENTS TO THE COUNTY CODE TO INCLUDE BENEFITS FOR NEWLY CREATED SUBZONES, TAX REBATES IN THE ENTERPRISE ZONES AND SUBZONES, AND ESTABLISHMENT OF A REBATE FOR BUSINESS PERSONAL PROPERTY IN ENTERPRISE SUB ZONES AND ADOPTING BOUNDARIES AND MAPS OF THE ZONES AND SUB ZONES - Ms. Karen Aylward, Economic Development Project Manger stated this date and time has been advertised for a public hearing for the Board to consider modification to the Jefferson Davis and Walthall Enterprise Zone Boundaries; the creation of three new enterprise subzones; amendments to the County Code to include benefits for newly created subzones, tax rebates in the enterprise zones and subzones, and establishment of a rebate for business personal property in enterprise subzones; and adopting boundaries and maps of the zones and subzones. She further stated effective July 1, 2005, changes to the state enterprise zone program eliminated the requirement to contain a certain percentage of residentially, low to moderate income zoned property within enterprise zoned boundaries, which provided the county with an opportunity to reallocate acreage to nonresidential parcels. She stated the new program also changed the eligibility requirements for a locali ty to receive an enterprise zone designation. She further stated the county is not likely to qualify for an enterprise zone designation once these two zones expire in 2014 and 2016. She stated the amendments are being proposed to the local incentive program and to modify the boundaries of both zones in order to maximize the economic impact of 06-898 09/27/06 these zones for the remaining years. She further stated, under the state's guidelines, each zone must not exceed 3,840 acres, and each zone may have two non-contiguous subzones. She provided details of the proposed boundary amendments for each of the enterprise zones and subzones. She then reviewed the proposed revisions to the local incentives for the BPOL tax and the machinery and tools tax for all zones and subzones. Mr. King stated this proposed amendments will benefit the county. Discussion ensued relative to available for businesses locating Meadowbrook Shopping Centers. development incentives in the Meadowdale and Mr. King called for public comment. Mr. C . L . incentives amendments. Morrissette, Jr. for businesses stated he supports and supports the providing proposed Mr. Bill Girven, representing the Chesterfield Business Council, stated he supports the enterprise zone proposals. Ms. Ree Hart, representing the Jefferson Davis Association, stated she has no objections to the proposed amendments and supports sharing the enterprise zone program with other areas of the county in need of revitalization. Ms. Debbie Girven, Chairman of the Cbesterfield Chamber of Commerce, stated she fully supports the proposed amendments. There being no one else to speak to the issue, the public hearing was closed. On motion of Mr. Miller, seconded by Mr. Warren, the Board approved boundary and incentive amendments to both the Jefferson Davis and Walthall Enterprise Zones, including the creation of three subzones and ordinance modifications related to certain incentives granted to qualifying businesses, and adopted the following ordinance: AN ORDINANCE TO AMEND THE CODE OF THE COUN']'Y OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING AND RE-ENACTING SECTIONS 5-5, 6-5, 8.-13, 9-31, 9-64, 18-22 AND 19-25 AND ADDING SECTIONS 9-65 AND 9-220 RELATING TO MACHINERY AND TOOLS TAX INCENTIVES I~D ENTERPRISE ZONES BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (I) That Sections 5-5, 6-5, 8-13, 9-31, 9-64, 18-22 and 19- 25 of the Code of the County of Chesterfield, 1997, as amended, are amended and re-enacted and Sections 9-65 and 9- 220 are added to read as follows: Sec. 5-5. per.mit fees. 000 (b) Fees shall be charged in accordance with the following schedule: 06,-899 09/27/06 000 (7) Fee exemptions: 000 d. A building or auxiliary permit fee will not be charged for commercial construction located in an "enterprise zone" or "subzone" as designated by the Commonwealth of Virginia and administered by the Chesterfield County Block Grant Office. This exemption shall continue for the life of the enterprise zone or subzone. 000 Sec. 6-5. Tax and fee relief for qualified businesses located in an Enterprise Zone or Subzone. - (a) Any business required to obtain a license based on gross receipts or purchases pursuant to this chapter, which is located in or makes improvements to a building within an Enterprise Zone or subzone designated by the state, on or after the date on which the Enterprise Zone or subzone was established, may receive relief during the tax and fee relief period, of those taxes and fees which are calculated on the increase in gross receipts or purchases over the business' gross receipts or purchases during the base year. The base year under this section shall be the calendar year immediately preceding the year that the business ini tially qualifies for tax and fee relief under this section. For taxpayers who file federal income tax returns on a fiscal year basis, the base year shall be the fiscal year ending during the calendar year immediately preceding the year that the business initially qualifies for tax and fee relief under this section. For a newly established business, a new branch or a business relocating from outside Chesterfield County, the base year amount shall be zero and the tax and fee relief period shall begin in the tax year that the business qualifies for tax and fee relief and shall last for four additional tax years, or for as long as the business remains within any Enterprise Zone or subzone in Chesterfield County, whichever period is shorter. For existing businesses which are already located in Chesterfield County, the tax and fee relief period shall begin in the tax year after the business qualifies for the relief and shall last for four addi tional tax years, or for so long as the business remains within any Enterprise Zone or subzone in Chesterfield County, whichever period is shorter. (b) A business shall qualify for the tax and fee relief provided for in subsection (a) as follows: (1) An application for tax relief under this section must be submitted to the County's Economic Development Department and the benefit accessed by the business within one year of start of operations in the zone or subzone. (2) If the business newly locates from outside any Enterprise Zone or subzone in Chesterfield County 06-900 09/27/06 to a building or tenant space within any Enterprise Zone or subzone in Chesterfield County after the date on which the Enterprise Zone or subzone is established, it shall qualify for tax and fee relief immediately upon occupying the building. (3) If the business builds a new building which receives its certificate of occupancy after the date on which the Enterprise Zone or subzone is established, it shall qualify for the tax and fee relief immediately upon occupying the building. (4) If the business shares occupancy of a new building which receives its certi.ficate of occupancy after the date on which the Enterprise Zone or subzone is established and is a separate and distinct business from any other business which occupies the same building, it shall quali fy for tax and fee relief immediately upon occupying the building. (5) For purposes of determining initial eligibility for tax and fee relief under this section, the term "locate" does not include a transfer of ownership of an existing business operation within an Enterprise zone or subzone to another enti ty which is wholly or partially owned or controlled by or affiliated with the prior business owner, but such a transfer of ownership shall not disqualify a currently eligible business from enjoying the benefi ts under this section for a full five (5) years, even if such transfer occurs during the five-year eligibility period, regardless of the change in ownership. ( 6) Each business shall period of the tax section. be lirni ted to one five-year and fee relief under this 000 Sec. 8-13. Fees. 000 (d) No business located within an enterprise zone or subzone designated by the Commonwealth of Virginia shall be required to pay any of the fees described in this section. This exemption shal] continue for the Ii fe of the enterprise zone or subzone. 000 Sec. 9-31. Partial renovated or structures. exemption replaced for certain commercial rehabilitated, or industrial (a) A partial exemption from real estate taxes is granted to certain commercial and industrial property which qualifies under the criteria listed in subsection (b). (b) For real property to qualify for the partial exemption granted by this sect.ion, the following cri teria must apply: 06-901 09/27/06 - (1) Any real estate upon which there is an existing commercial or industrial structure shall be deemed to have been substantially rehabilitated, renovated or replaced when a structure 25 years old or older has been improved so as to increase the assessed value of the structure by 15 percent or more. For structures in an area designated by the Commonwealth of Virginia as an enterprise zone or subzone, the structure may be 15 years old or older. 000 (c) Prior to beginning the rehabilitation, renovation or replacement the owner of any real estate meeting the criteria stated in this section shall apply for the exemption on forms provided by the county. Upon receiving the application, the county assessor shall determine the base value of the structure. This base value determination shall be effective for two years from the date of determination, but applicants may reapply after this time period expires. The owner shall pay an application fee of $50.00 for each application which shall be refundable upon completion of the replacement or rehabilitation. Property located in an enterprise zone or subzone shall be exempt from paying an application fee. 000 Sec. 9-64. Rebate--Machinery and tools used by certain businesses located within an Enterprise Zone or Subzone. (a) Any business which after January 1, 2006 either (i) locates in an Enterprise Zone or subzone designated by the state or (ii) undergoes a facility expansion or renovation which results in an increase of 15 percent or $50,000, whichever is greater, in the assessed value of its machinery and tools over the value of its machinery and tools from the previous year ("base year"), shall qualify for the rebate specified below, to the extent permissible under the Constitution of Virginia. (b) An application for Enterprise Zone benefits must be submitted to the Chesterfield County Economic Development Department and the benefit accessed by the business within one year of start of operations in the Enterprise Zone or subzone, or wi thin one year of a qualifying facility expansion or renovation in order to receive the machinery and tools tax rebate. (c) The rebate amount shall be 100 percent of the tax on the assessed value being reported for machinery and tools taxes for each of five consecutive years (the "rebate period"), beginning the tax year after the business located in the zone or the tax year after the business achieves a qualifying expansion or renovation. However, in the case of a qualifying plant expansion or renovation, the rebate shall be limited to 100 percent of the tax on the increase in the assessed value over the value from the base year assessed value. The rebate period cannot be extended solely by relocating within Or to another zone Or by an ownership change. The Treasurer shall issue a rebate within 60 days of receipt 06-902 09/27/06 of full paYment of the machinery and tools tax for each year of the rebate period. (d) A business that would have qualified for the machinery and tools tax rebate prior to January 1, 2007, but does not apply for the benefit on or before December 31, 2006, will no longer be eligible for a rebate unless it quali fies under the provisions taking effect January 1, 2007, or later. Businesses that have applied for machinery and tools tax rebates under the program in effect prior to January 1, 2007, shall continue to receive such benefits subject to the terms and conditions contained in this section 9-64. The rebate will be limited to the ta.x on machinery and tools purchased or leased prior to cTanuary I, 2007 . Such machinery and tools will be eligible for the rebate for five tax years, beginning the tax year following the year such property was purchased or leased, or until sold or replaced. To receive a rebate, a business must file the annual Return of Machinery and Tools, along with a detailed list of assets, with the Office of the Commissioner of the Revenue. The business must pay the resul ting machinery and tools tax and then submi t a written request to this office within 90 days of such paYment asking that the allowable portion of these taxes be rebated. The Commissioner may request additional documentation from the business, and that documentation must be received wi thin ten days from the date of this request unless the Commissioner agrees, in his sole discretion, to an extension of time for the submission of such documentation. In no case, however, shall the extension exceed 90 days. Failure to request the rebate or to submit the required documentation, as determined by the Commissioner in a timely manner shall result in forfei ture of the machinery and tools rebate incentive for that year of the rebate period. Neither a sale and lease-back agreement nor a subsequent purchase of equipment originally leased shall extend the rebate period beyond the original five-year period. (e) The rebate of tax on qualifying leased propert.y must be issued directly to the lessor unless the lessee provides documentation showing that the lessee ei ther paid the tax on such property direct to the County or reimbursed the lessor for such taxes. (f) Any rebate available pursuant to this section shall first be used to satisfy any delinquent debts owed to the county by the business. Sec. 9-65. Rebate Business Personal Property tax by certain businesses located in Enterprise Subzone. (a) Any business which locates from outside the County to an Enterprise Subzone after January 1, 2006 is qualified to receive a rebate of business personal property tax subject to the terms and conditions of this section 9- 65. (b) An application for a rebate under this section must be submitted to the County Economic Development Department, and the benefit accessed by the business within one year of locating in the subzone. 06-903 09/27/06 (c) The rebate shall be equal to 100 percent of the taxes paid on business tangible personal property up to a maximum of $100,000 for the first full calendar year the business is located in an Enterprise subzone approved by the state. ( d) To qualify for the rebate under subsection business must make a capital investment of $3,000,000 within the subzone. ( c), the at least (e) Relocation of existing operations to a subzone are ineligible for tax relief under this section, unless qualifying capital investment requirements are met, as outlined in item (d) of this section 9-65. 000 Article XVI Enterprise Zones and Subzones Sec. 9-220. Enterprise Zones and Subzones Two enterprise zones are located in the County. The Jefferson Davis enterprise zone was created effective January 1, 1994 and the Walthall enterprise zone was created effective January 1, 1996. Each zone contains one or more subzones. Official maps delineating the boundaries are maintained by the Department of Economic Development. 000 Sec. 18-22. Connection fees. 000 (f) No capital cost recovery charge shall be charged for a meter that is five-eighths of an inch in size or smaller which serves any business that is located in an Enterprise Zone or subzone designated by the Commonwealth of Virginia if the business is connecting to the county utility system for the first time. This exemption shall continue for the life of the Enterprise Zone or subzone. 000 Sec. 19-25. Fees. In addition to any other fees required by the county, fees shall be payable to the county treasurer and submitted to the planning department upon filing the following applications: 000 (f) Enterprise zone or subzone fee exemptions: (I) For any office, commercial or industrial use within an enterprise zone or subzone designated by the Commonwealth of Virginia, no application fee shall be required for the following actions, provided the director of planning determines that the request is in compliance with the comprehensive plan: a. Amend a condition of zoning 06-904 09/27/06 b. Condi tional use or planned development c. Deferral d. Sign permit e. Site plan, plan plan review, or adjustment resubmittal of to an approved site site f. Substantial accord determination g. Zoning reclassification This exemption shall continue for the life of the enterprise zone or subzone. The fee exemption for the Jefferson Davis Highway Enterprise Zone expires on December 31, 2014. The fee exemption for the Walthall Enterprise Zone expires on December 31, 2016. (2) That this ordinance shall become effective January 1, 2007. And, further, the Board adopted the following resolution authorizing the County Administrator and Local Zone Administrator to submit an Enterprise Zone Amendment Application and all information needed to the Virginia Department of Housing and Community Development: WHEREAS, the Chesterfield County Board of Supervisors is requesting an amendment to both the ,Jefferson Davis and Walthall Enterprise Zones, including creation of three subzones and modifications to the local incentives program and related sections of the Code of the County of Chesterfield outlining said incentives; and WHEREAS, Administrator to apply for Department of the County Administrator and Local Zone are authorized to submit all information needed an Enterprise Zone Amendment to the Virginia Housing and Community Development; and WHEREAS, the County Administrat:or and Local Zone Administrator are authorized to meet all program administrati ve and reporting requirements, as defined by the Enterprise Zone Regulations, throughout: the remaining life of the zones; and NOW, THEREFORE BE I 'I' RESOLVED, t.hat the Chesterfield County Board of Supervisors acknowledges the economic benefi ts provided for by the Enterprise Zone Program and wishes to maximize its impact for the remaining periods of zone designations by way of the Enterprise Zone Amendment Application. AND, BE IT FURTHER RESOLVED, that a copy of this resolution be provided to the Virginia Department of Housing and Community Development and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Ayes: King, Miller, Humphrey and Warren. Nays: None. Absent: Beirne. 06.-905 09/27/06 16.C. TO CONSIDER AMENDMENTS TO THE COUNTY'S BUSINESS LICENSE TAX ORDINANCE Mr. Carmody stated this date and time has been advertised for a public hearing for the Board to consider reductions to the county's business license tax structure. He further stated the categories proposed to be amended are personal and business services, commission merchants, amusement machine operators and repair services. He stated staff is also recommending that the Board consider discontinuing the self- imposed cap on the BPOL revenue, but not to act on the recommendation at this time. In response to Mr. Warren's question, Mr. county businesses have saved $44 million reduction initiative began in FY97. Carmody stated since the BPOL Mr. King stated he does not view this as a savings, but as an unfair tax opposed upon businesses that the Board is finally working towards eliminating. Mr. King then called for public comment. Mr. George Peyton, Vice President of Government Relations for the Retail Merchants Association, stated he does not support staff's recommendations. He further stated the county's initiative to cap BPOL revenues and reduce rates has been recommended by the Retail Merchants Association, both to other local governing bodies and to the General Assembly, as a model that should be adopted throughout the Commonwealth. He expressed concerns that adjusting all categories above 20 cents per hundred down to 20 cents per hundred would remove the General Assembly's recognized differential between the retail category and other categories. He stated the county is encouraging retail growth with the Watkins Centre project and other ventures, and retail already provides 40 percent of the county's BPOL revenue. He reques ted tha t , if and when all categories be reduced to 20 cents per hundred, the retail rate be reduced from 19 cents to 17 cents per hundred. He stated the county placed a cap on BPOL revenue to provide additional revenues that would allow them to further adjust the unfair burden of the BPOL rates, and expressed concerns that removing the cap would eliminate the likelihood of future boards taking such action. He requested that the Board maintain the BPOL cap. Mr. Bill Girven, representing the Chesterfield Business Council and the Greater Richmond Chamber, stated he supports the proposed amendments to the county's business license tax ordinance. He expressed concerns relative to the possibility of removing the cap on BPOL revenue and suggested that a working group of county staff and other organizations be formed to analyze the implication of removal of the cap. He also expressed concerns relative to the recommendation to dedicate a portion of the excess revenue to debt service for road improvements without having a comprehensive approach. Mr. Bob Schrum, Chairman of Government Relations the Chesterfield Chamber of Commerce, stated he proposed reductions in the various categories. that the Board maintain the BPOL revenue cap. Committee of supports the He requested He stated the 06-906 09/27/06 Chamber agrees that there are severe problems with roads and transportation in the county, and the business community would like to be included in deliberations regarding use of excess BPOL revenue for roa.d improvements. There being no one else to speak to the ordinance amendments, the public hearing was closed. Mr. King stated he is sensitive to the concerns of the Retail Merchants Association and inquired whether the retail category could also be decreased. Mr. Carmody stated the proposed reduct.ions have been funded through growth in revenues, and there is not enough revenue to offer reductions in the retail sector and maintain the other rate reductions as proposed. In response to Mr. King's question, l'1r. Carmody stated an additional one-cent reduction in the retail category would require approximately $550,000 to $650,000 more in excess revenue. Mr. King inquired how the county can offer relief to retail merchants. Mr. Carmody stated, at the Board's direction, staff could look at the issue and bring forward a proposal to the Board during the budget process. Mr. King stated he supports the county continuing to be a leader by staying committed to abolishing the BPOL tax. He further stated he has called for the Transportation Summit and is looking for creative ways to fund transportation improvements. He stated he prefers not to visit the issue of removing the BPOL revenue cap until after the Transportation Summit. There was further discussion regarding a proposal to reduce the retail category during the budget process. Mr. King made a motion for the Board to adopt the ordinance amendment as recommended by staff. Mr. King stated he does this time, but will Transportation Summit. forward a proposal during the retail category. not want to remove the BPOL cap at revisit the issue following the He then directed staff to bring the FY2008 budget process regarding Mr. Warren seconded Mr. King's motion. Mr. King called for a vote on his motion, seconded by Mr. Warren, for the Board to adopt the following ordinance: AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING AND RE-ENACTING SECTIONS 6-30, 6-32, and 6-35 RELATING TO BUSINESS LICENSE TAX RATES BE IT ORDAINED by the Board of Supervisors of Chesterfield County: 06-907 09/27/06 (I) That Sections 6-30, 6-32 and 6-35 of the Code of the County of Chesterfield, 1997, as amended, are amended and re- enacted to read as follows: Sec. 6-30. Miscellaneous services. - (a) Every person engaged in a personal or service shall pay a license tax of $100.00 of base year gross receipts. business $0.20 per (b) Every persons engaged in a repair service shall pay a license tax of $0.20 per $100.00 of base year gross receipts. 000 Sec. 6-32. Commission merchants. Every person engaged in business as a commission merchant shall pay a license tax of $0.20 per $100.00 of base year gross receipts. 000 Sec. 6-35. Slot machines. 000 ,- (b) Every person selling, leasing, renting or otherwise furnishing or providing a coin-operated amusement machine, as defined in Code of Virginia ~58.1-3720, and Code of Virginia ~58.1-3721, shall pay a license tax of $0.20 per $100.00 of base year gross receipts of such operator from amusement machines operated within the county. This section shall not apply to any person owning less than three coin machines and operating such machines on property owned or leased by such person. 000 (2) That these ordinances shall become effective January 1, 2007. Ayes: King, Miller, Humphrey and Warren. Nays: None. Absent: Beirne. 16.D. TO CONSIDER A FRANCHISE AGREEMENT WITH CAVALIER TELEPHONE AND TV - Mr. Micas stated this date and time has been advertised for a public hearing for the Board to consider awarding a franchise agreement to Cavalier Telephone and TV. He further stated staff has still been unable to negotiate an agreement with Cavalier and is again recommending deferral of consideration of the franchise agreement until October 25, 2006. Mr. King called for public comment. No one came forward to speak to the deferral. 06-908 09/27/06 On motion of Mrs. Humphrey, seconded by Mr. King, the Board deferred the public hearing to consider a franchise agreement with Cavalier Telephone and TV until October 25, 2006. Ayes: King, Miller, Humphrey and Warren. Nays: None. Absent: Beirne. 16.E. TO CONSIDER AN ORDINANCE TO VACATE A SIXTEEN-FOOT DRAINAGE EASEMENT ACROSS LOTS 7 THROUGH 10, RIVERTON, SECTION C Mr. Stith stated this date and time has been advertised for a public hearing for the Board to consider an ordinance to vacate a 16-foot drainage easement across Lots 7 through 10, Riverton, Section C. Mr. King called for public comment. No one came forward to speak to the ordinance. On motion of Mr. Warren, seconded by Mr. Miller I the Board adopted the following ordinance: AN ORDINANCE whereby the COUNTY OF CHESTERFIELD, VIRGINIA, ("GRANTOR") vacates to THOMAS A. TALIAFERRO and ANGELA D. TALIAFERRO, husband and wife, a 16' drainage easement across Lot 10, Riverton, Section C, to JEFFREY FARNWORTH and VANIA FARNSWORTH, husband and wife, a 16' drainage easement across Lot 9, Riverton, Section C, to L. TODD VENCIL and SARAH F. VENCIL, husband and wife, a 16' drainage easement across Lot 8, Riverton, Section C, to DAVID A. GUARNIERI and MARILYN S. GUARNIERI, husband and wife, a 16' drainage easement across Lot 7, Riverton, Section C, (collectively "GRANTEES"), MIDLOTHIAN 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 95, at Pages 1 and 2. WHEREAS, Thomas a. Taliaferro and Angela D. Taliaferro, peti tioned the Board of Supervisors of Chesterfield County, Virginia to vacate a 16' drainage easement across Lots 7 through 10, Riverton Subdivision, Section C, MIDLOTHIAN 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 95, Pages 1 and 2, by BALZER & ASSOCIATES, INC., dated JANUARY 23, 1997, and recorded AUGUST 5, 1997. The easement petitioned to be vacated is more fully described as follows: A 16' drainage easement across Lots 7 through 10, Riverton Subdivision, Section C, the location of which is more fully shown on a plat attached hereto and made a part of this Ordinance. WHEREAS, notice has been given pursuant to Section 15.2- 2204 of the Code of Virgini~, 1950, as amended, by advertising; and, 06-909 09/27/06 WHEREAS, no public necessity exists for the continuance of the easement sought to be vacated. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF SUPERVISORS OF CHESTERFIELD COUNTY, VIRGINIA: That pursuant to Section 15.2-2272 of the Code of Virginia, 1950, as amended, the aforesaid easement be and is hereby vacated. This Ordinance shall be in full force and effect in accordance with Section 15.2-2272 of the Code of Virginia, 1950, as amended, and a certified copy of this Ordinance, together with the plat attached hereto shall be recorded no sooner than thirty days hereafter in the Clerk's Office of the Circuit Court of Chesterfield County, Virginia pursuant to Section 15.2-2276 of the Code of Virginia, 1950, as amended. The effect of 2274 is to destroy the portion of the fee simple title underlying owners free and clear of this Ordinance pursuant to Section 15.2- the force and effect of the recording of plat vacated. This Ordinance shall vest of the easement hereby vacated in the of Lots 7 through 10, Riverton, Section C any rights of public use. - Accordingly, this Ordinance shall be indexed in the names of the COUNTY OF CHESTERFIELD as GRANTOR, and THOMAS A. TALIAFERRO and ANGELA D. TALIAFERRO, husband and wife, JEFFREY FARNWORTH and VANIA FARNSWORTH, husband and wife, L. TODD VENCIL and SARAH F. VENCIL, husband and wife, DAVID A. GUARNIERI and MARILYN S. GUARNIERI, husband and wife, or their successors in title, as GRANTEES. Ayes: King, Miller, Humphrey and Warren. Nays: None. Absent: Beirne. 16.F. TO CONSIDER AN ORDINANCE TO VACATE A PORTION OF A VARIABLE WIDTH DRAINAGE EASEMENT ACROSS LOT 30, AMBERLEIGH, SECTION 2 Mr. Stith stated this date and time has been advertised for a public hearing for the Board to consider an ordinance to vacate a portion of a variable width drainage easement across Lot 30, Amberleigh, Section 2. Mr. King called for public comment. No one came forward to speak to the ordinance. On motion of Mr. Warren, seconded by Mr. Miller, the Board adopted the following ordinance: AN ORDINANCE whereby the COUNTY OF CHESTERFIELD, VIRGINIA, ("GRANTOR") vacates to GAROLD B. MARTINDALE and DEBORAH W. MARTINDALE, ( "GRANTEE" ) , a portion of a variable width drainage easement across Lot 30, Amberleigh, Section 2, CLOVER HILL Magisterial District, Chesterfield County, Virginia, as shown on a plat thereof duly recorded 06-910 09/27/06 in the Clerk's Office of the Circuit Court of Chesterfield County in plat Book 142, at Page 71. WHEREAS, GAROLD B. MARTINDALE and DEBORAH W. MARTINDALE, petitioned the Board of Supervisors of Chesterfield County, Virginia to vacate a portion of a variable width drainage easement across Lot 30, Amberleigh, Section 2, Clover Hill Magisterial District, Chesterfield County, Virginia more particularly shown on a pl,at of record in the Clerk I s Office of the Circuit Court of said County in Plat Book 142, Page 71, by BALZER AND ASSOCIATES, INC., dated MARCH 1, 2004, and recorded MARCH 24, 2004. The portion of easement petitioned to be vacated is more fully described as follows: A portion of a variable width drainage easement, across Lot 30, Amberleigh, Section 2, the location of which is more fully shown on a plat made by BALZER AND ASSOCIATES, INC., dated JULY 26, 2006, a copy of which is attached hE~reto and made a part of this Ordinance. WHEREAS, notice has been given pursuant to Section 15.2- 2204 of the Code of Virginia, 1950, as amended, by advertising; and, WHEREAS, no public necessity exists for the continuance of the portion of easement sought to be vacated. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF SUPERVISORS OF CHESTERFIELD COUNTY, VIRGINIA: That pursuant to Section 15.2-2272 of the Code of Virginia, 1950, as amended, the aforesaid portion of easement be and is hereby vacated. This Ordinance shall be in full force and effect in accordance with Section 15.2-2272 of the Code of Virginia, 1950, as amended, and a certified copy of this Ordinance, together with the plat attached hereto shall be recorded no sooner than thirty days hereafter in the Clerk's Office of the Circuit Court of Chesterfield County, Virginia pursuant to Section 15.2-2276 of the Code of Virginia, 1950, as amended. The effect of this Ordinance pursuant to Section 15.2- 2274 is to destroy the force and effect of the recording of the portion of the plat vacated. This Ordinance shall vest fee simple title of the portion of easement hereby vacated in the property owners of Lot 30, within Amberleigh, Section 2 free and clear of any rights of public use. Accordingly, this Ordinance shall be indexed in the names of the COUNTY OF CHESTERFIELD as GRANTOR, and GAROLD B. MARTINDALE and DEBORAH W. MARTINDALE, or their successors in title, as GRANTEE. Ayes: King, Miller, Humphrey and Warren. Nays: None. Absent: Beirne. 06-911 09/27/06 16.G. TO CONSIDER THE SALE OF SURPLUS COUNTY PROPERTY AT 4356 KETCHAM DRIVE Mr. Stith stated this date and time has been advertised for a public hearing for the Board to consider the sale of surplus county property at 4356 Ketcham Drive. Mr. King called for public comment. ,- No one came forward to speak to the issue. On motion of Mr. Warren, seconded by Mr. Miller, the Board accepted an offer of $172,000 for the purchase of a parcel of land at 4356 Ketcham Drive; authorized the Chairman of the Board of Supervisors and the County Administrator to sign the deed; and appropriated the net proceeds to the Risk Management fund. Ayes: King, Miller, Humphrey and Warren. Nays: None. Absent: Beirne. 17 . REMAINING MANUFACTURED HOME PERMITS AND ZONING REQUESTS There were no remaining manufactured home permits or zoning requests at this time. 18. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED MATTERS Ms. Brenda Stewart requested an investigation of land swaps around Cosby High School, related conflicting statements by county officials, purchases of land to build public facilities, and related questionable property assessments. 19. ADJOURNMENT On motion of Mrs. Humphrey, seconded by Mr. King, the Board adjourned at 11:44 p.m. until October 11, 2006 at 4:00 p.m. Ayes: King, Miller, Humphrey and Warren. Nays: None. Absent: Beirne. - ne B. Ramsey County Adrninist R. M. "Dickie" Chairman 06-912 09/27/06