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02-28-2007 Minutes BOARD OF SUPERVISORS MINUTES February 28, 2007 - Supervisors in Attendance: Mr. Kelly E. Miller, Chairman Mrs. Renny B. Humphrey, Vice Chrm. Mr. R. M. "Dickie" King, Jr. Mr. Donald D. Sowder Mr. Arthur S. Warren Mr. Lane B. Ramsey County Administrator ;iIIIAo- ;;;.. 07-143 Staff in Attendance: Colonel Carl R. Baker, Police Department Mr. Allan Carmody, Dir., Budget and Management Mr. Joe Campbell, Dir., Juvenile Detention Home Ms. Jana Carter, Dir., Juvenile Services Ms. Marilyn Cole, Asst. County Administrator Mr. Roy Covington, Dir., Utilities Ms. Mary Ann Curtin, Dir., Intergovtl. Relations Mr. Jonathan Davis, Dir., Real Estate Assessments Ms. Rebecca Dickson, Dep. County Administrator for Human Services Ms. Deborah Dugger, Dir., Youth Group Home Mr. Robert Eanes, Asst. to the County Administrator Ms. Lisa Elko, CMC, Clerk Ms. Karla Gerner, Dir., Human Resource Mgmt. Mr. Michael Golden, Dir., Parks and Recreation Mr. John W. Harmon, Right-of-Way Manager Mr. Russell Harris, Mgr. of Community Development Services Mr. Joe Horbal, Commissioner of Revenue Mr. H. Edward James, Dir., Purchasing Mr. Donald Kappel, Dir., Public Affairs Mr. Michael Likins, Coop. Extension Director Ms. Mary Lou Lyle, Dir., Accounting Mr. Mike Mabe, Dir., Libraries Chief Paul Mauger, Fire Department Mr. R. John McCracken, Dir., Transportation Mr. Richard M. McElfish, Dir., Env. Engineering 02/28/07 ---~'''''''-'''--''_._''''''>''''''~''''~'~'''''-' Mr. Steven L. Micas, County Attorney Dr. William Nelson, Dir., Health Dept. Ms. Diane Peterson, Senior Advocate Mr. Glen Peterson, Dir., Community Diversion Incentive Program Mr. Francis Pitaro, Dir., General Services Sheriff Dennis Proffitt, Sheriff's Department Ms. Karen Reilly ,Admin. , Interagency Services Ms. Sarah Snead, Dir., Social Services Mr. Gary Southard, Strat. Mgr., Mental Heal th/ Mental Retard./Substance Abuse Services Mr. M. D. Stith, Jr., Deputy Co. Admin., Community Development Mr. Kirk Turner, Dir., Planning Mr. Miller called the regularly scheduled meeting to order at 3:07 p.m. 1. APPROVAL I~F MINUTES FOR FEBRUARY 14, 2007 On motion of :Mrs. Humphrey, seconded by JvIr. Sowder, 1:he Board approved the minutes of February 14, 2007, as submitted. ~' Ayes: Miller, Humphrey, King, Sowder and Warren. Nays: None. 2. COUNTY ADld:INISTRATOR I S COMMENTS 2.A. PRESENT~"TION OF THE REACCREDITATION CERTIFICATE TO THE SHERIFF'S OFFICE Mr. Ramsey introduced Mr. Gary Dillon, Manager of the Virginia Accn:~ditation Program at the Department of Criminal Justice Services. Mr. Dillon introduced New Kent County Sheriff F. W. Howard, member of the Accreditation Governing Board, and Lt. Wayne Garrett, Accreditation Manager for the Sheriff's Office. He provided details of the criteria required for accrE~di tation of law enforcement agencies. He stated the reaccrE~ditation of the Chesterfield Sheriff's Office distinguishes their commi tment to professionalism and their willingness to be compared to the best in the profession. He commended Sheriff Proffitt and I..t. Garrett for their efforts in completing the process. Sher iff Howard Professional presented Standards the Virginia Commission Law Enforcement certificate of 07-144 02/28/07 reaccredidation to Sheriff Proffitt and congratulated him on this tremendous accomplishment. Sheriff Proffitt thanked the Board for its support of the Sheriff's Office and also expressed appreciation to the deputies for their professionalism. 2.B. LEGISLATIVE UPDATE - - Ms. Curtin provided an update on General Assembly activities. She stated the transportation package that was adopted in the last hours of the session consisted of three land use provisions: 1) specific counties, including Chesterfield, would be required by 2011 to develop an urban development area in their comprehensive plans; 2) certain localities, including Chesterfield, would be allowed to create transportation service districts and would be required to assume maintenance of roads wi thin those service districts; and 3) localities that chose to create transportation service districts would have the ability to adopt an impact fee ordinance, but only on agriculturally zoned property outside the Urban Transportation Service District. She noted that Northern Virginia localities that created urban transportation service districts would receive impact fee authority for all public infrastructure; however, Chesterfield's impact fee authori ty would be restricted to only transportation infrastructure. She stated the locali ties that created the service districts would receive urban maintenance allocation payments from the Virginia Department of Transportation for each street within the district, but cautioned the Board that VDOT's maintenance funding has not increased over the past several years and would be subject to appropriation every year. She further stated the final version of the bill did not include the provisions regarding devolving responsibility for subdivision roads to counties, and the state would maintain new subdivision roads as long as they meet VDOT's new standards, which will be developed over the next year. She stated a $2.5 billion bond authority was approved, but the projects that will be included in the debt issuance have not been specified. She further stated funds were allocated for both transportation maintenance and transportation construction, noting that there is still an annual maintenance deficit. She stated House Bill 3109 relative to hunting died on the Senate floor and is no longer a concern for the county. She further stated the eminent domain bill that was adopted will be more restrictive for localities in using eminent domain for blighted situations. She stated staff will provide the Board with a final legislative report. -- Discussion ensued relative to the amount of state funding for education that Chesterfield would receive and a Constitutional Amendment that would provide the ability for a Homestead Exemption. In response to Mr. Miller's question, Ms. Curtin stated a Commission on Immigration was created to gather additional information relative to illegal immigrants. Mr. Warren stated he is seeing more aggressive involvement in General Assembly activities on the part of local officials in protecting their citizens. 07-145 02/28/07 ---"_._._~_...'..," ''''.,.''..".,.......--..-. COUNTY ADMINJCSTRATOR' S ANNOUNCEMENT Mr. Ramsey made the fOllowing statement: I had intended to announce my pending retirement here today before this Board, and I wanted to do it here because I have such great rE~spect for this Board; and after all, you are my employer, so I had an obligation to do it here. Unfortunately, the intent was leaked to the media, and I had no choice last week but to cooperate with the media or they were going to report it anyway. So, I apologize to you for the word getting out that way. So, I am here today officially announcing to you my intent to retire on or about~ the end of July, and Chairman Miller and Board members, here is my official letter to that effect. If the Board would indulge me for a moment, I'd like to make a few other comments. First of all, I'd say, as I look back over the nine Boards that I've had the pleasure to work with since I came here in 1972, and especially the five Boards that I've worked wi th as County Administrator, every single Board has worked extremely hard on behalf of the public, and I think we're very fortunate here in Chesterfield County for that, for the past 35 years, because that doesn't happen in every communi ty. Every single Board has shown great respect for our staff and has recognized their accomplishments and their dedication to our community, and you may not realize this, but I believe it's one of the major reasons that we have the kind of qualified staff that we do here today, is that the way this Board of Supervisors treats our staff. This. community is unlike any that I've ever seen or heard of. Certainly, our public here expects nothing but the best from our staff and from our elected officials, and at the same time, they're willing to participate and step up and be a part of making this community what it is. They participate in every aspect of our operations here. They're willing to serve on jurit:~s, and they're tough on crime. TheY'rE~ willing to be witnes:::es when they see a crime, and that along with the top-notch police department is why we have the safe community that we have here today and the Chief has the kind of clearance rate that he does. Let me just stop there and congratulate Chief Baker for his announcement, and we'll surely be recognizing that a lot over the next few months. But, we have our public that will volunteer at Lucy Corr. They coach our children in sports activit.ies where in other communities very close to us, it's paid staff that does that. They serve on boards and commissions and study groups to improve our services, and I've only scratched the surface here. The point is that we live in a wonderful community where the public is willing to help us with anything that we do. We are also very fortunate to have the quality of staff that we have here in our organization, from firefighter to social service worker, to the planner, the accountant, and the 35 depar1:ment directors that we have in this county. They're all professional and committed employees and work at the highest levels and have very high ethics and standards that they carry into 1:heir departments. We have leaders in this organiza':ion that get exci ted when they are allowed to take risks that propose new initiatives that can improve the services that we provide to the public. I'm probably most proud of the organizational development that we've been able to accomplish here which has allowed our organization to be efficient and effective and develop top-quality services for this community and the Board of Supervisors. As the Board 07-146 02/28/07 - contemplates filling of the County Administrator's position over the next few months, I know it will be difficult, and it's particularly difficult in the face of an election year, as well. I appeal to you on several fronts, as you approach this responsibility, and I would just say in doing that that this Board and past Boards have never allowed politics or special interests to influence what you do in terms of hiring staff or allowing those interests to infiltrate into the organization. I want to personally thank each and everyone of you for not allowing that to happen because we all know that we have a responsibility. Both you know, and the staff knows, that we have a responsibili ty to serve the entire community, not a few. So, I appeal to you to please not let politics or special interests or the media unduly influence you as you decide how to fill this position. I have full faith that this Board will do the right thing in that regard. The staff you have here will go above and beyond any expectations you have for you and this county. They appreciate the fact that they can focus on their work, and they don't have to worry about these other things. I've said before and think a colleague of mine has said it, too, that if you were to ask this staff and this county to pave the James River, they'd give it every effort to make that happen. In the time that I have left in this position, I want to assure the Board that I will work as hard for you as I ever have. In fact, I may work, will probably work harder. But, there are several things that I want to accomplish in addition to the day-to-day demands before I leave. Certainly, the budget completion is one of the things that we have to do, and that requires a lot of work. The County Charter also provides for a very specific process for filling the Chief of Police position, and I plan to bring that process forward to the Board at the next meeting to start that process, and I strongly recommend that we proceed with that process because in my opinion it's critical that we have a continuity of leadership, particularly in our police department. The Charter recognized that because there are special provisions in the Charter for filling the Police Chief's position. I'll work hard with you to implement the transportation initiatives if you chose to move those forward, and I think as we found from the General Assembly, we aren't going to see tremendous relief in our transportation needs. The Watkins Centre project is very important to the county's economic development effort and that project should break ground soon, and we will continue to work hard on that. The Cloverleaf Mall Project will be a priority with me over the next several months, and there are many more things that we will focus on. Just let me close by saying that it has been, and continues to be, a great honor to be County Administrator for one of the most dynamic communities in the country. You've allowed us to do progressive things in this organization that few local governments in the nation are doing, and I'm proud of this Board. I'm proud of our organization. I'm proud of this community, and I plan to stay right here in this cornrnunicy because there's not a better place to live anywhere in the country. Mr. Chairman, I will work hard with you as you IndY desire before or after I leave as you pursue my replacement in this position, and I thank you for the time. .- - Mr. Miller expressed appreciation to Mr. Ramsey for all that he has done, and continues to. do, for the citizens of Chesterfield County. He stated he has spent the better part 07-147 02/28/07 of his adult life working with government organizations, and he has never seen an administrator who is more competent, sincere and committed than Mr. Ramsey. Mr. Sowder stated, as the newest member of the Board, he has observed the quality of county staff starting with the County ~"\dministrator. He thanked Mr. Ramsey and staff for making his transition into the Midlothian Supervisor position as easy and productive as possible. Mrs. Humphrey wished Mr. Ramsey well and stated she will have many things to say to him over the course of the next several months. 3. BOARD MEMBER REPORTS Mr. Miller expressed concerns relative to the increase of illegal immigrants in the country, as well as failure by the federal and state governments to deal with this issue. He stated last year at this time, he directed staff to provide the Board with a report regarding the status of county services provided to illegal immigrants. He stated the report received by the Board in August 2006 provided background information, but very little detail in estimating the number of illegal immigrants the county i.s serving and the cost to the serve them. He requested that staff provide, by April 30, 2007, a more comprehensive report outlining an updated estimate, where possible, of each department or agency's cost of serving illegal immigrants. He further requested a legal opinion from the County Attorney as to whether the county can take such local actions as amending contracts to include language that the county will not contract 'l\7i th anyone unless they agree not to hire illegal immigrants and that they will validate this and any options the county might have regarding housing in terms of occupancy restrictions. He also requested an opinion from the schools' attorney regarding the ability of schools to furnish information about the number of illegals being served. He then asked for an update on the actions the county is currently taking to address the issue of illegal immigrants, particularly at the jail, and the cost of housing illegals in our jail system. He requested that the Commonwealth Attorney cooperate in providing the number of prosecutions in the past year involving illegal immigrants and for what crimes, and the cost to prosecute those actions. He stated the county needs to have a better demographic understanding of where the illegal irr~igrants in the county are coming from. He stated he hopes the Board will join him in directing staff to provide this information. Mr. Miller then made a motion, seconded by Mr. King, for staff to provide the Board with information relative to illegal immigrants outlined in Mr. Miller's comments above. Ayes: Miller, Humphrey, King, Sowder and Warren. Nays: NonE~. 07-148 02/28/07 _.,C -- II __ 4. REQUESTS TO POSTPONE AGENDA ITEMS AND ADDITIONS, OR CHANGES IN THE ORDER OF PRESENTATION ..-.. On motion of Mr. King, seconded by Mr. Miller, the Board added Item 8.B.17., Approval to Install Cable Across County Property for the Hull Street Road Widening proj ect; added Item 10 .A. , Closed Session Pursuant to Section 2.2- 3711(A)(1), Code of Virginia, 1950, as Amended, to Discuss the Performance of Specific Employees of the County in Order to Evaluate Their Qualifications for Appointment to a Specific Position by the Board; and adopted the Agenda, as amended. Ayes: Miller, Humphrey, King, Sowder and Warren. Nays: None. 5. RESOLUTIONS There were no resolutions at this time. 6. WORK SESSIONS o THE COUNTY ADMINISTRATOR'S FY2008 PROPOSED AMENDED BUDGET INCLUDING PRESENTATIONS FROM THE HUMAN SERVICES DIVISION AND THE SOCIAL SERVICES BOARD HUMAN SERVICES DIVISION 0"-" Ms. Dickson provided an overview of the Human Services Division's FY2008 Proposed Budget. She stated the Human Services Division had 5.7 million citizen contacts last year. She reviewed numerous accomplishments in Human Services and stated the Human Services System supports every county priority and strategic goal. She provided details of various Human Services programs and initiatives that support the priorities of education, recreation, public safety, health/welfare, and economic development. She also provided interesting facts relative to the number of citizens served by Human Services departments. She reviewed the composition of the Human Services Division's expenditures and the percentage of increase in demand for services from FY02-FY06. She stated the overall Human Services FY2008 Proposed Budget totals $100,565,100, which represents an 8.7 percent increase over the FY2007 budget. She reviewed overall proposed budget funding included by initiative; Community Corrections Services program cost comparison versus Riverside Regional Jail housing; Day Reporting Center cost avoidance; Comprehensive Services comparisons of average lengths of stay; Adult Drug Court new conviction rate successes; criminal and domestic intake rates from FY97 through FY06; Court Service Unit performance targets; and Food Stamp Cases from FY02-FY06. She provided details of the Human Services Division 2006 Employee Satisfaction Index. She reviewed various divisional challenges, including increased CSB psychiatric services caseload; Public Library circulation per capita versus Library Services materials expenditure per capita; increased communicable diseases reported by the Heal th Department; increased investigation time for disease outbreaks; declining youth sports participation in certain sports associations; and increased number of Medicaid enrollees and food stamp cases. She reviewed additional 0"""" 07-149 02/28/07 funding details future. requests of the to address the Human Services challenges. Division's She provided focus for the Mr. Miller thanked presentation. Ms. Dickson for the informative SOCIAL SERVIC:ES BOARD Ms. Dickson :mtroduced Ms. Snead, who called forward Mrs. Liz Welchons, Chair of the Social Services Board, to begin the Social Services presentation. Mrs. Welchons expressed appreciation to the Board for their support. She introduced members of the Social Services Board, who were present at the meet.ing. She called forward Social Services Board member, Reverend Dr. Johnnie Fleming to provide details of the proposed FY2008 budget for the Social Services Department. Reverend Fleming discussed agency-wide successes., including continuing to meet deadlines and state/federal mandates even wi th increased workloads; excelling in the area of foster care and adoptive parent training; meeting the chan9ing needs of the citizens of Chesterfield County and the City of Colonial Heiqhts; and increased awareness among the Hispanic/ Latino community. He provided information regarding Temporary Assistance for Needy Families (TANF) cases, Food Stamp cases, energy assistance fuel component applications, crisis component applications, cooling component applications and Medicaid enrollees for various fiscal years. He discussed aqency challenges, including expansion of the _-" current facility to improve workplace conditions; t.he need to reduce staff turnover from the FY06 record rate of 17 percent; the need to analyze and address staff salaries to maintain an exceptional workforce; the impact of TANF reauthorizat:Lon and expansion of Welfare Reform Initiative; the need to continue to address changing communi ty demographics ,: and an increased need for Mental Health services for older adults. He reviewed key initiatives of the proposed budget, including expansion and renovation of the Smi th-Wagner Building through the Capi tal Improvement Program; sa1.:iry study and implementation of recomrnEmdations; upgrade of the automation system; and continuing to excel in serving the citizens of Chesterfield County and Colonial Heights. He then reviewed additional fundin9 requests, including upqrading a Social Worker Aide posi tion t:.o a Social Worker; a Secretary for the Child Protective ServicE~s Team; a Bi-Lingual Interpreter; a Senior Mental Health Clinician; and a Training Coordinator/Special Projects Manager. He thanked the Board fo:c its continued support and stated it is an honor to serve the citizens of Chesterfield and Colonial Heights. Discussion e:1.sued relative to the percentage of cit:izens who pay for immunizations versus the percentage who receive them at no cost and to the criteria that determines whether immunizations are provided at no cost. Mrs. Humphrey expressed concerns relative to the continuing need for clinicians and suggested that staff explore the possibility of working with medical admissions administrators at Virginia Commonwealth University to allow the county to 07-150 02/28/07 provide assistance with student loans in exchange for guaranteeing the county a number of years of service. Mr. Miller expressed appreciation to Ms. Snead and Reverend Fleming for the presentation. 7 . DEFERRED ITEMS _. There were no deferred items at this time. 8 . NEW BUSINESS S.A. AUTHORIZATION TO ADVERTISE TAX RATES FOR THE PROPOSED FY200S AMENDED BUDGET AND SET PUBLIC HEARINGS Mr. Carmody stated the Board is being requested to advertise tax rates for the calendar year 2007, the proposed FY2008 Amended Budget, proposed FY2008-FY2012 Capital Improvement Program, Proposed FY2008 Community Development Block Grant Program and other ordinance changes. He noted that the real estate tax rate to be advertised is $0.99, as directed by the Board, which will give the Board flexibility to adopt something lower if they choose to do so. Discussion ensued relative to the tax rate necessary to remain revenue neutral. Mr. Miller expressed concerns relative to the impact of increased assessments on citizens and stated the Board really needs to carefully examine the tax rate. He further stated he would prefer a tax rate somewhere between $0.95 and $0.98 and requested that the Board consider the possibility of decreasing the real estate tax beyond the proposed $0.99 rate. He stated he had also inquired about an option to defer the increase in real estate taxes for senior citizens, and has learned that there may be limitations with this and that it could not be imposed until 2008. He further stated he had thought this would be doing a good service for senior citizens, but he has now heard some negatives regarding the proposal. He requested that staff continue to explore the option of real estate tax deferral and report back to Board in more detail regarding what actions might be possible. Mr. King stated he agrees that all options available must be looked at for reducing the tax rate, but the Board needs to be cognizant of the impact of the reduced tax rate on the schools' budget. .~ Mr. Sowder encouraged the Board to increase the exemptions and the net worth cap in the county's Tax Relief for the Elderly program. In response to Mr. Sowder's question, Mr. Carmody stated based on the $0.99 tax rate, the county would receive an additional $37 million in real estate tax revenues in FY08 from FY07. He noted the county shares that revenue with the school system, which receives approximately two-thirds of the revenue. He stated the revenues proposed in FY08 for the General Fund represents approximately a 10 percent increase over FY07. 07-151 02/28/07 Mr. Sowder expressed concerns that very few ci tizEms in the county received a 10 percent increase in salary or income. Mr. Miller suggested that the Board authorize advertising the tax rate at $0.99 with the understanding that staff will explore the possibility of whether or not the Board can further decrease the rate. Mr. King made a motion, seconded by Mr. Miller, for the Board to authorizl= the advertisement of tax rates, including a $0.99 real estate tax rate; the proposed FY2008 Amended Budget; thE~ proposed FY200S-FY2012 Capi tal Improvement Program; the proposed FY200B Community Development Block Grant Program; and other ordinance changes. Discussion l=nsued relative to the percentage of growth in both the county and schoolsJ budgets. Mr. Ramsey noted that one cent of the $0.99 t:ax rate is proposed to address transportation issues. Mr. Miller then called for a vote on the motion of Mr. King, seconded by Mr. Miller, for the Board to authorize the advertisemer..t of tax rates, including a $0.99 real estate tax rate; the proposed FY200S Amended Budget; the proposed FY200S-FY2012 Capital Improvement Program; the proposed FY200S Community Development Block Grant Program; and other ordinance changes. And, further, the Board set the date of March 2S, 2007 beginning at 6:30 p.m. for public hearings to consider these items. -' Ayes: Mi 11 eI" , Humphrey, King, Sowder and Warren. Nays: None. Mr. Miller E!xcused himself from the meeting. a.B. CONSE~~ ITEMS On motion of Mr. King, seconded by Mrs. Humphrey, the Board removed Item S.B.17., Approval to Install Cable Across County Property for the Hull Street Road Widening Project, from the Consent Agenda for public comment. Ayes: Miller, Humphrey, King, Sowder and Warren. Nays: None. Mr. Miller returned to the meeting. a.B.l. SET DATES FOR PUBLIC HEARINGS 8. B. 1. a. TC) APPROPRIATE ADDl:TIONAL FUNDS FOR THE DEPARTMENT Ol~ SOCIAL SERVICES On motion of Mrs. Humphrey, seconded by Mr. King, the Board set the date of March 14, 2007 at 6:30 p.m. for a public hearing for the Board to consider appropriating $667, 51S in addi tional federal and state funds received from the St.ate Department of Social Services. Ayes: Miller, Humphn:~y, King I Sowder and Warren. Nays: None. 07-152 02/28/07 8.B.l.b. TO CONSIDER A PROPOSED AMENDMENT TO THE ORDINANCE CREATING THE WATKINS CENTRE COMMUNITY DEVELOPMENT AUTHORITY AND PROPOSED AMENDMENT TO THE ORDINANCE ESTABLISHING A SPECIAL ASSESSMENT On motion of Mrs. Humphrey, seconded by Mr. King, the Board set the date of March 14, 2007 at 6:30 p.m. for a public hearing for the Board to consider 1) adoption of a proposed amendment to the ordinance creating the Watkins Centre Community Development Authority, and 2) adoption of a proposed amendment to the ordinance establishing a special assessment for the Watkins Centre Community Development Authority. Ayes: Miller, Humphrey, King, Sowder and Warren. Nays: None. 8.B.l.c. TO CONSIDER THE RESTRICTION OF THROUGH TRUCK TRAFFIC ON WOODLAKE VILLAGE PARKWAY, LAKEBLUFF PARKWAY, AND TIMBER BLUFF PARKWAY On motion of Mrs. Humphrey, seconded by Mr. King, the Board set the date of March 14, 2007 at 6:30 p.m. for a public hearing for the Board to consider the restriction of through truck traffic on Woodlake Village Parkway, Lakebluff Parkway and Timber Bluff Parkway from Hull Street Road to Woolridge Road. Ayes: Miller, Humphrey, King, Sowder and Warren. Nays: None. 8.B.2. AMENDMENT TO THE BOARD MINUTES OF JULY 26, 2006 On motion of Mrs. Humphrey, seconded by Mr. King, the Board amended the minutes of July 26, 2006 to reflect a corrected street name in the state road acceptance resolution for Millcrest at Brandermill as follows: 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 this Board guarantees a clear and unrestricted right-of-way, as described, and any necessary easements for cuts, fills and drainage. AND, BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. 07-153 02/28/07 Tvoe ChanGe to the Sec:ondarv SYStem of State Hlahwavs: Addition Basis for Change: Addition, Secondary System, New subdivision street Statutory Reference: 133.1-229 Project: Mlllcres't at Brandermlll . MlIIcrest Lane, State Route Number: 7076 From: W€ltermill Py., (At. 5583) To: Millcrest Tr., (At. 7077), a distance of: 0.04 miles. Right-of-way record was filed on 12/7/2004 with the Office Of Clerk To Circuit Court in Pb. 149 Pg. 83. with a width of 50 feet . Mlllcrest Terrace, State Route Number: 7077 From: Millcrest Ln., (Rt. 7076) To: Cul-de-sac, a distance of: 0.10 miles. Aight-of-way record was filed on 1217/2004 with the Office Of Clerk To Circuit Court in Pb. 149 Pg. 83. with a width of 45 feet . MlIIcrest Terrace, State Route Number: 7077 From: Millcrest Ln.. (Rt. 7076) To: O. <4 mi. N of Millcrest Ln., (Rt. 7076), a distance of: 0.14 miles. Right-of-way record was filed on 1217/2004 with the Office Of Clerk To Circuit Court in Pb. 149 Pg. 83 with a width of 45 feet . MlIIcresit Terrace, State Route Number: 7077 From: 0:14 mi. N of Millcrest Ln., (Rt. 7076) To: O. 'i9 mi. N of Millcres! Ln., (Rt. 7076), a distance of: 0.05 miles. Right-of-way record was filed on 1217/2004 with the Office Of Clerk To Circuit Court in Pb, 149 Pg. 83. with a variable width . Mlllcresit Terrace, State Route Number: 7077 From: 0:19 mi. N of Millcrest Ln., (Rt. 7076) To: Cul-de-sac, a distance of: 0.07 miles. Right-of-way record was. filed on 1217/2004 with the Office Of Clerk To Circuit Court in Pb. 149 Pg, 83. with a width of 45 feet Ayes: Miller, Humphrey, King, Sowder and Warren. Nays: None. 8. B. 3 . AMENDMENT OF THE CONTRACT TO ACCESS NEW RADIO CHANNELS FOR THE REGION WITH ALCATEL USA MARKETING INCCIRPORATED On motion of Mrs. Humphrey, seconded by Mr. King, the Board authorized the County Administrator to amend a contract with Alcatel USA Marketing Incorporated on behalf of the USAI region in the amount of $32,673.31 to extend the maintenance agreement from three years to five years on two microwave 07-154 02/28/07 spurs that will link Goochland and Hanover counties to the existing Capital Region microwave network, Chesterfield, Richmond and Henrico. (It is noted that funding for the proj ect is avai lable in the Regional Urban Area Security Initiative Grant, and Chesterfield County is the lead agency for the regional UASI Grant to include all fiscal disbursements. ) - Ayes: Miller, Humphrey, King, Sowder and Warren. Nays: None. 8.B.4. ADOPTION OF RESOLUTION RECOGNIZING MR. SHAWN TAYLOR CARNEY AND MR. TAYLOR ALEXANDER SCHUMAKER UPON ATTAINING RANK OF EAGLE SCOUT On motion of Mrs. Humphrey, seconded by Mr. King, the Board adopted the following resolution: WHEREAS, the Boy Scouts of America was incorporated by Mr. William D. Boyce on February 8, 1910, and was chartered by Congress in 1916; and WHEREAS, the Boy Scouts of America was founded to build character, provide citizenship training and promote physical fitness; and - WHEREAS, after ear~ing at least twenty-one merit badges in a wide variety of skills including leadership, service and outdoor life, serving in a leadership position in a troop, carrying out a service project beneficial to their community, being active in the troop, demonstrating Scout spirit, and living up to the Scout Oath and Law Mr. Shawn Taylor Carney and Mr. Taylor Alexander Schumaker, both of Troop 874, sponsored by Saint Luke's United Methodist 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, growing through their experiences in Scouting, learning the lessons of responsible citizenship, and endeavoring to prepare themselves for roles as leaders in society, Shawn and Taylor 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 County Board of Supervisors congratulations to Mr. Shawn Taylor Alexander Schumaker, and acknowledges county to have such outstanding young that the Chesterfield hereby extends its Carney and Mr. Taylor the good fortune of the men as its citizens. Ayes: Miller, Humphrey, King, Sowder and Warren. Nays: None. 07-155 02/28/07 8. B. 5 . APPROVAL OF SEWER CONTRACT FOR THE MAGNOLIA GREEN OFFSITE SANITARY SEWER PROJECT On motion of Mrs. Humphrey, seconded by Mr. King, the Board approved the following sewer contract for Magnolia Green Offsite Sanitary Sewer, Contract Number 00-0383: Developer: Magnolia Green Development LLC Contractor: G. L. Howard, Inc. Contract Amount: Estimated County Cost for Offsite . . Estimated County Cost for Oversizing. Estimated Developer Cost. Estimated Total . . . . . $110,849.75 $1~i9, 776.70 . $1, 2~i7 ,541. 05 .$1,528,167.50 Code: (Refunds thru Connections - Offsite) 5N--~i72VO-E4D (Refunds thru Connections - Oversizing) 5N.-~)72VO-E4C District: Matoaca (It is noted a copy of the vicinity sketch is filed with the papers of this Board.) Ayes: Miller, Humphrey, King, Sowder and Warren. Nays: None. 8.B.6. APPRC~AL OF WATER CONTRACT FOR THE MAGNOLIA GREEN OFFSI:TE WATER LINE PROJECT On motion of Mrs. Humphrey, seconded by Mr. approved the following water contract for Offsite Water Line, Contract Number 00-0384: King, the Board MagnoJ. ia Green Developer: Magnolia Green Development LLC Contractor: G. L. Howard, Inc. Contract Amot:.nt: Estimated County Cost for Offsite Estimated Developer Cost. Estimated Total . . . . . . $91,794.00 .$298,263.00 .$390,057.00 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: Miller, Humphrey, King, Sowder and Warren. Nays: None. 8.B.7. APPRC~AL OF UTILITY CONTRACT FOR MAGNOLIA GREEN, SECTI:ON A PROJECT On motion of Mrs. Humphrey, seconded by Mr. King, the Board approved the following utility contract for Magnolia Green, Section A, Contract Number 02-0015: 07-156 02/28/07 Developer: Magnolia Green Development LLC Contractor: R. J. Smith Construction, Inc. Contract Amount: Estimated County Cost for Oversizing Estimated Developer Cost Estimated Total. . . . . . . . . . . $50,193.00 $1,007.005.00 $1,056,l98.00 ,...-,.. Code: (Refunds thru Connections - Oversizing) 5N-572VO-E4C (It is noted a copy of the vicinity sketch is filed with the papers of this Board.) Ayes: Miller, Humphrey, King, Sowder and Warren. Nays: None. 8. B. 8 . APPROVAL OF CHANGES :IN THE SECONDARY SYSTEM OF STATE H:IGHWAYS 8 . B . 8 . a. FOR CENTRE STREET On motion of Mrs. Humphrey, seconded by Mr. King, the Board adopted the following resolution for changes in the Secondary System of Highways: ,'...... WHEREAS, a sketch has been prepared for the Board of Supervisors which depicts an abandonment required in the secondary system of state highways as a result of the relocation of a portion of Centre Street, State Route 1513, which sketch is incorporated herein by reference; and, WHEREAS, the portion of Centre Street, State Route 1513, identified to be abandoned no longer serves a public need; and, WHEREAS, a portion of Centre Street has been relocated and serves the same citizens as the portion of Centre Street, State Route 1513, identified to be abandoned. NOW THEREFORE, BE IT RESOLVED, the Board of Supervisors hereby orders the portion of road identified as segment A-B, Centre Street, State Route 1513, a distance of 0.04 miles, as shown on the incorporated sketch, abandoned as part of the secondary system of state highways, pursuant to !B3 .1-155, Code of Virginia; and, - BE IT FURTHER RESOLVED, that the Board of Supervisors does hereby request that the Commonwealth Transportation Commissioner certify, in writing, that the portion of Centre Street hereby abandoned is no longer deemed necessary for uses of the secondary system of state highways pursuant to ~33.1-154 of the Code of Virginia, 1950, as amended. (It is noted a copy of the vicinity sketch is filed with the papers of this Board.) Ayes: Miller, Humphrey, King, Sowder and Warren. Nays: None. 07-157 02/28/07 8.B.8.b. FOR HENSLEY ROAD AND SPRINGFORD PARKWAY On motion of Mrs. Humphrey, seconded by Mr. King I the Board adopted the following resolution for changes in the Secondary System of State Highways: WHEREAS, a sketch has been prepared for the Board of Supervisors which depicts a discontinuance required in the secondary system of state highways as a result of the construction of a portion of Springford Parkway, State Route 5717, which sketch is incorporated herein by reference; and, WHEREAS, Hensley Road, State Route 659, from Spring ford Parkway, State Route 5717, to 0.10 miles east of Springford Parkway, State Route 5717, a distance of 0.10 miles, appears to no long.er serve public convenience warranting its maintenance at public expense and should be discontinued as a part of the Secondary System of State Highways; and.. WHEREAS, there are public drainage facilities within the portion of Hensley Road, State Route 659, identified to be discontinued, that do warrant maintenance at public 'expense. NOW, THEREFORE, BE IT RESOLVED: The Virginia Department of Transportation is hereby requested to take the necessary action to discontinue, except for maintenance of drainage facilities, the aforesaid portion of Hensley Road, Sate Route 659, as a part of the Secondary System of State Highways I pursuant to Section 33.1-150, of the Code of Virginia, 1950, as amended. Type Chanae to the Sec:mdarv System of State Hlahwavs: Discontinuance Basis for Change: Developer project Statutory Reference: t33.1-150 · Hensley Road, State Route Number: 659 From: Springford Parkway (Rt. 5717) To: 0.10 Mi. E on Hensley Rd., (At. 659), a distance of: 0.10 miles. AND WHEREAS, the street described below is shown on plats recorded in the Clerk's Office of the Circuit Court of Chesterfield County; and WHEREAS, the Resident Engineer for the Virginia Department cf Transportation has advised this Board the street meets the requirements estab1ishe(1 by the Subdivision Street Requirements of the Virginia Department of Transportation. NOW, THEREFORE, BE IT RESOLVED, that this Board requests the Virginia Department of Transportation to add the street described below to the secondary system of state highways, pursuant to Section 33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements. AND, BE IT FURTHER RESOLVED, that this Board guarantees a clear and unrestricted right-of-way, as described, and any necessary ea~:ements for cuts, fills and drainage. 07-158 CI2/28/07 AND, BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. Type Chanae to the Secondary SYStem of State Hlahways: Addition Basis for Change: Developer relocated VDOT roadway Statutory Reference: 533.1-229 ,........ Project: North Hensley Road Extension · Springford Parkway, State Route Number: 5717 From: Hensley Rd., (Rt. 659) To: 0.64 Mi. NE Springford Pkwy., (Rt. 5717), a distance of: 0.64 miles. Right of Way Record: Filed on 6/211994 in the Office of Clerk to Circuit Court. with a width of 90 ft. Recordation Reference: Db. 2539 Pg. 253 Filed on 11/4/1998 in the Office of Clerk to Circuit Court, with a width of 90 ft. Recordation Reference: Db. 3417 Pg. 207 Filed on 7/812002 in the Office of Clerk to Circuit Court, with a width of 90 ft. Recordation Reference: Db. 4595 Pg. 136 Filed on 6/15/2003 in the Office of Clerk to Circuit Court, with a width of 90 ft. Recordation Reference: Db. 5222 Pg. 398 Filed on 6/20/2003 in the Office of Clerk to Circuit Court, with a width of 90 ft. Recordation Reference: Db. 5169 Pg. 325 Filed on 6/30/2003 in the Office of Clerk to Circuit Court, with a width of 90 ft. Recordation Reference: Db. 5193 Pg. 723 (It is noted a copy of the vicinity sketch lS filed with the papers of this Board.) Ayes: Miller, Humphrey, King, Sowder and Warren. Nays: None. .~ 8.B.9. APPROVAL OF THE PURCHASE OF A PARCEL OF LAND FOR HARROWGATE ROAD FIRE/EMERGENCY MEDICAL SERVICES STATION On motion of Mrs. Humphrey, seconded by Mr. King, the Board approved the purchase of a parcel of land containing 5.8 acres, more or less, for $270,000.00, from the Trustees for the Colonial Heights Assembly of God Church, for the Harrowgate Road Fire/EMS Station; authorized the County Administrator to execute the sales contract and deed; and appointed Mr. Frank Edwards, Second Deputy Chief I Fire and EMS, as the Board's agent for the conditional use application. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Miller, Humphrey, King, Sowder and Warren. Nays: None. .- 8.B.10. DESIGNATION OF VIRGINIA DEPARTMENT OF TRANSPORTATION SLOPE AND DRAINAGE EASEMENTS FOR PROPOSED HARROW DRIVE On motion of Mrs. Humphrey, seconded by Mr. King, the Board designated Virginia Department of Transportation slope and drainage easements for proposed Harrow Drive, and authorized the County Administrator to execute the Declaration. (It is noted copies of the plats are filed with the papers of this Board. ) Ayes: Miller, Humphrey, King, Sowder and Warren. Nays: None. 07-159 02/28/07 8.Boll. REQUEST TO QUXTCLAIM A SIXTEEN-FOOT SEWER EASEMENT ACROSS THE PROPERTY OF FOREST LAKE ASSOCIATES, LLC On motion of Mrs. Humphrey, seconded by Mr. King, t.he Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute a quitclaim deed to vacate a 16-foot sewer easement across the property of the Forest Lake Associates, LLC. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Miller, Humphrey, King, Sowder and Warren. Nays: None. 8. B 012 0 ACCEPTANCE OF PARCELS OF LAND 8. B .12 0 a. ALONG THE WEST RIGHT OF WAY LINE OF WATKINS CENTRE PARKWAY FROM VILLAGE BANK AND TRUST FINANCIAL COIRPORATION On motion of Mrs. Humphrey, seconded by Mr. King, the Board accepted the conveyance of a parcel of land containing 0.122 acres along the west right of way line of Watkins Centre Parkway from Village Bank and Trust Financial Cc:nporation, and authorizE!d the County Administrator to execute the deed. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Miller, Humphrey, King, Sowder and Warren. Nays: None. 8. B .120 b. AlONG THE NORTH RIGHT OF WAY LINE OF IRONBRIDGE RCIAD FROM GEORGEANNA M 0 LYNE AND GEORGEANNA M 0 LYNE, TRUSTEE On motion of Mrs. Humphrey, seconded by Mr. King, the Board accepted the conveyance of two parcels of land containing a total of 0.10 acres along the north right of w,ay line of Ironbridge Road (State Route 10) from Georgeanna M.Lyne and Georgeanna N. Lyne, Trustee, and authorized t.he County Administrato:ro to execute the deed. (It is noted d copy of the plat is filed with the papers of this Board.) Ayes: Miller, Humphrey, King, Sowder and Warren. Nays: None. 80 B .12 . c . AlONG THE WEST RIGHT OF WAY LINE OF JEFFERSON D},.VIS HIGHWAY FROM FOREST LAKE ASSOCIATES, LLC On motion of Mrs. Humphrey, seconded by Mr. King, the Board accepted the conveyance of three parcels of land containing a total of 0.155 acres along the west right of way line of Jefferson Davis Highway (US Route 301) from Forest Lake Associates, ]:"LC, 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: Miller, Humphrey, King, Sowder and Warren. Nays: None. 07-160 02/28/07 8 . B .12 . d . FROM RAMBLEWooD FOREST, LLC On motion of Mrs. Humphrey, seconded by Mr. King, the Board accepted the conveyance of a parcel of land containing 11.76 acres for a park site for Ramblewood Forest, 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: Miller, Humphrey, King, Sowder and Warren. Nays: None. 8.B.13. REQUESTS FOR PERMISSION 8.B.13.a. FROM T-C BUILDERS, INCORPORATED TO INSTALL A PRIVATE WATER SERVICE WITHIN A PRIVATE EASEMENT TO SERVE PROPERTY AT 7662 FLAGLER ROAD On motion of Mrs. Humphrey, seconded by Mr. King, the Board approved a request from T-C Builders, Incorporated for permission to install a private water service within a private easement to serve property at 7662 Flagler Road, and authorized the County Administrator to execute the water connection agreement. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Miller, Humphrey, King, Sowder and Warren. Nays: None. ,,~ 8 .B.13 .b. FROM JEFFREY F. AND LAUREN B. PITRAK FOR A PROPOSED WOODEN PICKET FENCE TO ENCROACH WITHIN AN EIGHT-FOOT DRAINAGE EASEMENT ACROSS LOT 16, ARMISTEAD VILLAGE, SECTION A AT CHARTER COLONY On motion of Mrs. Humphrey, seconded by Mr. King, the Board approved a request from Jeffrey F. pitrak and Lauren B. Pitrak for permission for a proposed wooden picket fence to encroach four feet into an eight-foot drainage easement across Lot 16, Armistead Village, Section A at Charter Colony, subject to the execution of a license agreement. (It is noted a copy of the plat is filed with the papers of this Board. ) Ayes: Miller, Humphrey, King, Sowder and Warren. Nays: None. 8.B.13.c. FROM JONATHAN RAGSDALE, PHILLIP JOHNSON AND FLOYD HARVEY, TRUSTEES OF CRESCENT PARK CONGREGATION OF JEHOVAH'S WITNESSES TO INSTALL A PRIVATE SEWER SERVICE WITHIN A PRIVATE EASEMENT TO SERVE PROPERTY AT 2730 NORMANDALE AVENUE - On motion of Mrs. Humphrey, seconded by Mr. King, the Board approved a request from Jonathan Ragsdale, Phillip Johnson and Floyd Harvey, Trustees of Crescent Park Congregation of Jehovah's Witnesses for permission to install a private sewer service within a private easement to serve property at 2730 Normandale Road, and authorized the County Administrator to execute the sewer connection agreement. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Miller, Humphrey, King, Sowder and Warren. Nays: None. 07-161 02/28/07 8. B .13. d. F~;OM DENNIS P. MCLAUGHLIN AND BONNIE C. MCLAUGHLIN FCIR A PROPOSED WOODEN PICKET FENCE TO ENCROACH ~:THIN AN EIGHT-FOOT DRAINAGE EASEMENT, AN EIGHT- !SlOT EASEMENT, AN EIGHT-FOOT WATER EASEMENT, AND Alir EIGHT-FOOT WATER AND SEWER EASEMENT ACROSS LOT 63, TANNER VILLAGE, SECTION A AT CHARTE~COLONY On motion of Mrs. Humphrey, seconded by Mr. King, the Board approved a request from Dennis P. McLaughlin and Bonnie C. McLaughlin for permission for a proposed wooden picket fence to encroach within an eight-foot drainage easement, an eight- foot easemen':, an eight- foot water easement, and an eight- foot water and sewer easement across Lot 63, Tanner Village, Section A at Charter Colony, subject to the execut.i.on of a license agreement. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Miller, Humphrey, King, Sowder and Warren. Nays: None. 8.B.14. APP:F~OPRIATION OF FUNDS IN "2007 FROM THE VIRGINIA ~~AL HEALTH, MENTAL RETARDATION, AND SUBSTANCE ABU~:E SERVICES DEPARTMENT FOR THE CHESTERFIELD COM!!lUNITY SERVICES BOARD FOR ADDITIONAL FUNDS FOR THE REGIONAL CRISIS STABILIZATION AND RESIDENTIAL TREJ~TMENT PROGRAM On motion of Mrs. Humphrey, seconded by Mr. King, the Board appropriated $316,551 in revenue and expenditun:s for the Chesterfield Community Services Board, county department of Mental Health Support Services in connection with the Regional Crisis Stabilization and Residential Treatment Program. Ayes: Miller, Humphrey, King, Sowder and Warren. Nays: None. 8. B .15. APPROVE NAMING OF FOUR BIRD HIGH SCHOOL YOUTH SOF,]~BALL FIELDS AFTER MS. MILDRED BURRELL Mrs. Humphrey requested that an i tern be brought forward at the next meeting to transfer funding from thE! Matoaca District Improvement Fund for a commemorative sign to be placed at thE: softball complex prior to the national softball championship tournament in July 2007. On motion of Mrs. Humphrey, seconded by Mr. King, the Board approved rena.ming the four Bird High School Youth Softball Fields the "Mildred F. Burrell - Youth Softball Fields." Ayes: Miller, Humphrey, King, Sowder and Warren. Nays: None. 8. B .16. TRAlISFER OF DISTRICT IMPROVEMENT FUNDS FROM THE MATOACA DISTRICT IMPROVEMENT FUND TO THE PARKS AND RECltEATION DEPARTMENT TO PURCHASE EQUIPMENT FOR A LACIlOSSE PROGRAM IN THE O.B. GATES ELEMENTARY SCHOOL DIs:i~RICT On motion of Mrs. Humphrey, seconded by Mr. King, the Board transferred $860 from the Matoaca District Improvement Fund 07-162 (12/28/07 to the Parks and Recreation Department to purchase equipment for a lacrosse program in the O. B. Gates Elementary School district. Ayes: Miller, Humphrey, King, Sowder and Warren. Nays: None. ........ The following item was removed from the Consent Agenda for public comment: 8. B .17. APPROVAL TO INSTALL CABLE ACROSS COUNTY PROPERTY FOR THE HULL STREET ROAD WIDENING PROJECT Mr. George Beadles expressed concerns that the agenda item and accompanying sketch did not provide specific details of which county properties AT&T would be installing cable across. Mr. Harmon stated this issue was just brought to staff's attention yesterday by AT&T, who is waiting on this authority to move the cables. He further stated the cable is being installed across several pieces of property that have been dedicated to the county along Hull Street Road as a part of the widening project. He stated the agenda item was prepared generically to allow AT&T to move cable across all of the properties that have been acquired by the county for this project, if necessary. No one else came forward to speak to the issue. On motion of Mr. King, authorized the Chairman County Administrator to to install cable across Road Widening Project. sketch is filed with the seconded by Mrs. Humphrey, the Board of the Board of Supervisors and the execute license agreements with AT&T county property for the Hull Street (It is noted a copy of the vicinity papers of this Board.) Ayes: Miller, Humphrey, King, Sowder and Warren. Nays: None. 9. REPORTS 9.A. REPORT ON DEVELOPER WATER AND SEWER CONTRACTS 9.B. REPORT ON STATUS OF GENERAL FOND BALANCE, RESERVE FOR FUTURE CAPITAL PROJECTS, DISTRICT IMPROVEMENT FUNDS AND LEASE PURCHASES ,~ On motion of Mrs. Humphrey, seconded by Mr. King, the Board accepted the following reports: a Report on Developer Water and Sewer Contracts; and a Report on the Status of General Fund Balance, Reserve for Future Capital Projects, District Improvement Funds and Lease Purchases. Ayes: Miller, Humphrey, King, Sowder and Warren. Nays: None. 07-163 02/28/07 10. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED MATTERS Mr. Alan Francario expressed concerns rE~lative to increased county expenditures and the impact of development along the Route 288 Co:cridor. He stated growth must pay its own way and suggested that the Board revisit the proposal to increase cash proffers. 10.A. CLOSED> SESSION PURSUANT TO SECTION 2.2-3711(A)(1), CODE OF VIRGINIA, 1950, AS AMENDED, TO DISCUSS THE PERFO~MANCE OF SPECIFIC EMPLOYEES OF THE COUNTY IN ORDER TO EVALUATE THEIR QUALIFICATIONS FOR APPOI~~NT TO A SPECIFIC POSITION BY THE BOARD On motion of Mr. Sowder, seconded by Mr. King, the Board went into Closed Session pursuant to Section .2.2-3711 U\) (1), Code of Virginia, 1950, as amended, to discuss the performance of specific employees of the county in order to evaluate their qualifications for appointment to a specific position by the Board. Ayes: Miller, Humphrey, King, Sowder and Warren. Nays: None. Reconvening: On motion of Mr. Warren, seconded by Mrs. Humphrey" the Board adopted the following resolution: WHEREAS, the Board of Supervisors has this da~}l adjourned into Closed :3ession in accordance with a formal vote of the Board and in accordance with the provisions of the Virginia Freedom of Information ,Act; and WHEREAS, the Virginia Freedom of Information Act effective July 1, 1989 provides for' certification that such Closed Session was conducted in conformi ty with lav.}. NOW, THEREFORE BE IT RESOLVED, t.he Board of S~pervisors does hereby certify that to the besc of each member's knowledge, i: only public business matters lawfully exempted from open meeting requirements under the Fn:!edom of Information l\ct were discussed in the Closed Sessicm to which this certification applies, and ii) only such public business matters as were identified in the Motion by which the Closed Session was convened were heard, discussed, or considered by the Board. No member dissents from this certification. The Board being polled, the vote was as follows: Mr. Sowder: Mr. King: Mr. Warren: Mrs. Humphrey: Mr. Miller: Aye. Aye. Aye. Aye. Aye. 07-164 02/28/07 11. DINNER On motion of Mr. Miller, seconded by Mr. Sowder, the Board recessed to the Administration Building, Room 502, for dinner with members of the Social Services Board. Ayes: Miller, Humphrey, King, Sowder and Warren. Nays: None. ~ Reconvening: 12 . INVOCATION Reverend Linwood Carroll, Sr., Pastor of Amazing Grace World Fellowship, gave the invocation. Mr. Stith introduced the Amazing Grace World Fellowship Choir, who performed two musical selections. Mr. Stith recognized members of the Black History Month Committee who were present at the meeting. 13. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA ,~ Ms. Marilyn Cole, Assistant Pledge of Allegiance to the America. County Administrator, led the flag of the United States of Ms. Dickson introduced Dr. Mike Etienne, Assistant Director of Planning for the School Board, who will be attending Board meetings on behalf of the School Administration and the School Board. 14. RESOLUTIONS 14. A. RECOGNIZING CARMAX ON ITS CONTINUED SELECTION AS ONE OF THE "100 BEST COMPANIES TO WORK FOR" Mr. Kappel introduced Ms. Linda White, Location General Manager for the Midlothian CarMax, and Ms. Trina Lee with the Marketing Department of CarMax's corporate office, who were present to receive the resolution. On motion of the Board, the following resolution was adopted: - WHEREAS, CarMax is the largest used-car retailer in the United States; and WHEREAS, this Fortune 500 company has been named "America's Most Admired Company in Automotive Retailing" by Fortune Magazine; and WHEREAS, CarMax also has been named as one of the "100 Best Companies to Work For" in 2005, 2006 and 2007; and WHEREAS, CarMax offers its employees a $4,000 adoption benefit, a tuition-assistance program, a health-and-wellness 07-165 02/28/07 program and health insurance for domestic partners and their children; and WHEREAS, in the 12-month period ending August 31, 2006.. the company retailed 311,241 used cars; and WHEREAS, CarMax also operates the CarMax Foundation, established in 2003; and WHEREAS, the CarMax Foundation donates chari ties and causes in the communi ties where and to various it: operates; WHEREAS, in the company's 2006 Fiscal Year, CarMax donated more than $1 million to charitable causes; and WHEREAS, CarMax's donations have assisted animal shel tE~rs, Boys and Girls Clubs and other through the company's charitable efforts; and food banks, organizations WHEREAS / CarMax is a company that provides neE!ded goods and services while being a good corporate citizen; and WHEREAS, Chesterfield County is proud to have a CarMax dealership located here. NOW, THEREFORE, BE IT RESOLVED, that the Chesterfield County Board of Supervisors, this 28th day of February 2007, congratulates CarMax on once again being named as "One of the 100 Best Companies to Work For," thanks CarMax for its civic- minded spirit, and extends best wishes to the company for continued success. Ayes: Miller, Humphrey, King, Sowder and Warren. Nays: None. Mr. Sowder presented the executed resolution to Me.. 1JJhite and Ms. Lee and congratulated CarMax on its outstanding accomplishments. Ms. White expressed appreciation to the Board for the recognition. 14.B. RECOGl~IZING THE SHERATON PARK SOUTH HOTEL FOR ITS OUTST.IWDING ACCOMPLISIDfENTS IN THE CUSTOMER SERVICE ARENA Mr. Kappel introduced representatives of the Sheraton Park South Hotel, who were present to receive the resolution. On motion of the Board, the following resolution was adopted: WHEREAS, desirable hotels help reputation as a hospitable location people and other visitors; and a for region to tourists, build a business WHEREAS, today' s hotels serve not only as a place for weary travelers to rest, but also as business centers, meeting places, dining facilities and locations for weddings, proms and a host of other social events important in our lives; and 07-166 02/28/07 WHEREAS, the Sheraton Park South Hotel 9901 Midlothian Turnpike; and lS located at WHEREAS, the hotel restaurants, swimming pools, host of other amenities; and features ballrooms, 194 guest rooms, meeting rooms and a WHEREAS, the Sheraton Park South Hotel is one of 189 Sheraton hotels in the United States and Canada; and WHEREAS, several times each year, all of these Sheraton hotels compete for the North American Guest Satisfaction Index Challenge Cup, which is awarded to the hotel with the highest customer service rankings based on periodic surveys of recent guests; and WHEREAS, the Sheraton Park South Hotel is the current holder of the challenge cup, which was awarded for the October 2006 period; and WHEREAS, this award reflects highly on the management and staff of the Sheraton Park South Hotel, and also on Chesterfield County and the Metro Richmond region. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 28th day of February 2007, publicly recognizes the Sheraton Park South Hotel for its outstanding accomplishments in the customer service arena, thanks the management and staff for their contributions to the overall business climate in the region, and extends best wishes for continued success. Ayes: Miller, Humphrey, King, Sowder and Warren. Nays: None. Mr. Warren presented the executed resolution to Mr. Scott Jones, Food and Beverage Director, and congratulated the Sheraton Park South Hotel on its outstanding accomplishments. Mr. Jones introduced Ms. Denise Walters, Reservations Manager, Mr. Maxwell Lambert, Head of Front Desk Services, and Chef Greg. He then expressed appreciation to the Board for the recognition. 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 A~ 06SN0339 In Matoaca Magisterial District, HULL STREET ASSOCIATES, LLC AND MICHAEL DZAMAN, MANAGING MEMBER request rezoning and amendment of zoning district map from Agricultural (A) to Residential Townhouse (R-TH) plus Conditional 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 07-167 02/28/07 corridor use. This request lies on 15.9 acres fronting approximately 650 feet on the south line of Hull Street Road approximately 2,330 feet west of Otterdale Road, also fronting approximately 250 feet on the north line of Hampton Park Drive. Tax IDs 710-668-3301 and 6409. Mr. Turner stated Mrs. Humphrey is requesting that Case 06SN0339 be remanded to the Planning Commission. Mr. William Shewmake, is in agreement with Commission. representing the applicant, stated he remanding the case to the Planning Mr. Miller called for public comment. No one came ::orward to speak to the remand request. Mrs. Humphrey stated some of the transportation language changed after the Planning Commission heard the caSE~, and she feels they should have an opportunity to review i. t and provide a recormnendation based on the current proffered conditions. Mrs. Humphrey then made a motion, seconded by Mr. King, for the Board to remand Case 06SN0339 to the Planning Commission. Ayes: Miller, Humphrey, King, Sowder' and Warren. Nays: None. 06SN0335 In Matoaca Magisterial District, GREENACRES LIMITED PARTNERSHIP requests rezoning and amendment of zoning district map from ,A.gricultural (A) to Residential (R-25). Residential use of up to 1. 74 units per acre is permitted in a Residential (R-25) District. The Comprehensive Plan suggests thE~ property is appropriate for residential use of 1-5 acre lots, suited to R-88 zoning. This request lies on 53.7 acres lying at the southeastern terminus of Buncrana Lane approx:.mately 230 feet southeast of DerryveCl.ch Drive. Tax ID 734-658-8633. Mr. Turner stated Mrs. Humphrey has requested that Case 06SN0335 be remanded to the Planning COIQmission. Mr. Jeff Collins, representing the applicant, stated he is in agreement with remanding the case to the Planning Commission. Mr. Miller called for public comment. No one came forward to speak to the remand request. Mrs. Humphrey stated an amendment relative to transportation has been made since the Planning Commission recommended denial of this request, indicating that that she! feels it would be in the county's best interest for the Commission to review the amended request before it comes to the Board. Mrs. HumphrE!y then made a motion, seconded by Mr. Miller, for the Board to remand Case 06SN0335 to the Planning Commission. Ayes: Miller, Humphrey, King, Sowder and Warren. Nays: None. 07-168 02/28/07 07SN0134 (Amended) In Bermuda Magisterial District, SECOND FORTUNE, LLC requests rezoning and amendment of zoning district map from Agricultural (A) to Communi ty Business (C-3) and Corporate Office (0-2) and from Community Business (C-3) to Corporate Office (0-2), plus proffered conditions on an adjacent parcel currently zoned Community Business (C-3). The density of such amendment will be controlled by zoning condi tions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for neighborhood mixed use. This request lies on 4.1 acres fronting approximately 440 feet on the southeast line of Meadowville Road approximately 530 feet north of West Hundred Road; also fronting approximately 200 feet on the north line of East Hundred Road approximately 400 feet east of Meadowville Road. Tax IDs 814-652-5387 and 814- 653-4407, 5807, 6613, 7317 and 7920. Mr. Turner stated the applicant is requesting that the Board remand Case 07SN0134 to the Planning Commission. Mr. Dean Hawkins, representing the applicant, stated additional parcels have been added to the request, and the applicant feels it would be in the best interest to remand the case to the Planning Commission prior to the Board's consideration. Mr. Miller called for public comment. No one came forward to speak to the remand request. On motion of Mr. King, seconded by Mr. Sowder, the Board remanded Case 07SN0134 to the Planning Commission. Ayes: Miller, Humphrey, King, Sowder and Warren. Nays: None. 06SN0337 ~ In Bermuda Magisterial District, NEAL O. AND ROSEMARY HAGER request Conditional Use and amendment of zoning district map to permit a bed and breakfast and special events business incidental to a dwelling unit. 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 to 4.0 units per acre. This request lies in an Agricultural (A) District on 9.1 acres fronting approximately 160 feet on the north line of Happy Hill Road across from Tarris Lane. Tax IDs 794-644- 2068 and 4162. Mr. Turner stated the applicant is requesting a deferral until April 25, 2007. Mr. King stated the outcome potentially and directly impact has in his personal business. under the Virginia Conflict himself from the meeting. of this zoning case could a financial interest that he He then declared a conflict of Interest Act and excused 07-169 02/28/07 Mr. Brennen Keene requested a deferral of Case 06SN0337 until April 25, 2007. Mr. Miller called for public comment.. Mr. Brian Schakel, a resident of the Villages of Long Meadow, stated the Planning Co~ission first heard this D::!quest in September 2006. He further stated he would rathE'.lr see the case considered by the Board tonight than being deferred. Approximately ten residents of the Villages of Long Meadow stood in opposition to the deferral. Mr. Bernhard Born, a resident of the Villages of Long Meadow, stated he dOE~S not support the deferral because the residents have already met with the applicants twice and the entire process has been drawn out since September 2006. Mr. Pete Jones, a resident of the Villages of Long Meadow, stated he just received a letter today from the applicants' representative indicating that new proffered conditions were being submitted. He further stated, in his opinion, the applicants have no intent of abiding by the proffered conditions, and he opposes the deferral. Mr. Freddie Carrabotta, a resident of Ramsey Drive, stated he thinks the Board should consider the Planning Commission's recommendat.ion and deny the request. There being no one else to speak to the deferral, the public hearing was closed. Mr. Miller stated he has agreed to handle this case in Mr. King's absence. He further stated he has heard corrunents from both the applicants and the citizens and has met with the applicants in an attempt to learn more about the case. He stated he sees no harm in allowing the applicants additional time to atte::npt to resolve differences with the citizens. Mr. Miller then made a motion, seconded by Mrs. Humphrey, for the Board t:o defer Case 06SN0337 until April 25, 2007. Ayes: Nays: Absent: Miller, None. King. Humphrey, Sowder and Warren. Mr. King returned to the meeting. 07SN0210 In Bermuda Magisterial District, RICHARD M. ALLEN requests amendment. of Conditional Use Planned Development (Case 87S090) and amendment of zoning district map rE~lati ve t.o hours of operation. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for community mixed use uses. This request lies in a Neighborhooc. Business (C-2) District on 12.2 acres fronting approximately 760 feet on the north line of Iron Bridge Road, also fronting approximately 720 feet on the east line of Chalkley Road and located in the northeast quadnmt of the 07-170 02/28/07 intersection of these roads. 654-part of 0821. Tax IDs 779-653-7767 and 780- Mr. Turner stated the Planning Commission deferred Case 07SN0210 until its May 15, 2007 meeting; therefore, staff is requesting that the Board defer Case 07SN0210 until May 23, 2007. ,....... Mr. Miller 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 07SN0210 until May 23, 2007. Ayes: Miller, Humphrey, King, Sowder and Warren. Nays: None. 07SN0201 In Matoaca Magisterial District, MATTHEW J. HAMILTON, JR. requests rezoning and amendment of zoning district map from Agricultural (A) to Residential (R-88). Residential use of up to 0.50 unit per acre is permitted in a Residential (R-88) District. The Comprehensive Plan suggests the property is appropriate for residential use of 1-5 acre lots, suited to R-88 zoning. This request lies on 68.1 acres lying approximately 620 feet off the north line of Hickory Road approximately 2,970 feet east of River Road. Tax ID 757-625- Part of 4630. Mr. Turner presented a summary of Case 07SN0201 and stated the Planning Commission and staff recommended approval and acceptance of the proffered conditions. Mr. Matthew Hamilton stated the recommendation is acceptable. Mr. Miller called for public comment. No one came forward to speak to the request. On motion of Mrs. Humphrey, seconded by Mr. Sowder, the Board approved Case 07SN0201 and accepted the following proffered conditions: l. 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 wi thin the service district for the property: - a. $15,600 per dwelling unit, if paid prior to July 1, 2007; or the amount approved by the Board of Supervisors not to exceed $15,600 per dwelling unit 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. b. Cash proffer payments purposes proffered or law. (B&M) shall be spent for as otherwise permitted the by 07-171 02/28/07 2. The maximum density of this development shall not exceed seventeen (17) lots. (P) 3. Manufactured homes shall not be permitted. (P) 4. The minimum gross floor area for one story dwelling units sh.:ill be 1800 square feet and dwelling units with more than one story shall have a minimum gross floor area of 2000 square feet. (P) 5. All exposed portions of the foundation of each new dwelling unit shall be faced with brick or stOl1E~ veneer. Exposed piers supporting front porches shall be faced with brick or stone veneer. (BI&P) 6. Except for timbering approved by the Virginia State Department of Forestry for the purpose of removing dead or diseased trees, there shall be no timberin9 on the Property until a land disturbance permit has been obtained from the Environmental Engineering Department and the approved devices installed. (EE) 7. At a minimum the following restrictive covenants shall be recorded in conjunction with the recordation of any subdivislon plat: a. No lots shall be used except for sing1e-family res:l.dential purposes. No building shall be erected, altered, placed or permitted to remain on any lot othE~r than one detached single-family dwelling not to exceed three stories in height and one private garage. b. Only one residence shall be erected or placed on a sinule lot, and no lot shall, after its original conveyance, be subdivided into smaller lots or parcels. No structure of a temporary cha.racter, tra:.ler, basement, tent, shack, garage, barn, or othE~r outbuilding shall be used on any lot at any time as a residence either temporarily or pernanently. c. No noxious or offensive activity shall be carried on upon any lot, nor shall anything be done thereof which may become an annoyance or nuisance to the neiuhborhood. d. No lot shall be used or maintained as a dumping ground for rubbish, trash, garbage, or other waste. Nor shall any of the above be kept on any lot excE~pt in sanitary containers. e. No animals, livestock, or poultry of any kind, shall be raised, bred, or kept on any lot except that dogs, cats, or other household pets may be kept: therein if they are not kept, bred, or maintained for any commercial purpose, and in accordance with the applicable ordinances. f. No sign of any kind shall be displayed to the public view on any lot except one sign of not more than six square feet advertising the property for 07-172 02/28/07 sale or rent, unless approved by the Architectural Control Committee in writing. g. All property shall be maintained free of tall grass, undergrowth, dead trees, weeds, and trash, and generally free of any condition that would decrease the attractiveness of the property. h. No trailer having a height of five feet or more shall be parked over l2 hours in anyone week on any property or driveway so as to be visible from the street. No motor vehicle shall be parked over 12 hours in anyone week on any property wi thout having a current Virginia State license tag, unless such vehicle is parked in an enclosed garage. 1.. The exterior of all houses and other structures must be completed within one year after the construction of same shall have commenced, except where such completion is impossible or would result in great hardship to the owner or bui lder due to strikes, fires, national emergency or natural calamities. Houses may not be temporarily or permanently occupied until the exteriors thereof have been completed. During the continuance of construction, the owner of the parcel shall require the contractor to maintain the lot in a reasonably clean and uncluttered condition. j . An Architectural Control Commi ttee (herein called "Committee") originally composed of Matthew J. Hamilton and Tammy D. Hamilton is hereby established. Either member of the Committee may act on behalf of the Committee without holding a meeting of the full Committee or giving notice to the other members. The Committee together with the written consent of the property owners may amend, modify, or waive, in writing any of the restrictions. The members of the Committee shall receive no compensation. At any time, the then recorded owners of eighty percent of the property shall have the power through a duly recorded written instrument to change membership of the Committee or to withdraw from the membership of the Committee or to restore any of its powers and duties. k. No improvement shall be erected, placed or altered on any lot until the construction plan thereof, and a plan showing the location of the said improvements shall be submitted to and approved by the Architectural Control Committee. No construction on said improvements shall commence until the said plans and location of said improvements shall have been approved by the Committee in writing. The Committee reserves the right to request such information and data; such as, quality of workmanship and n~terials, type of construction, harmony of exterior design WiLD existing structures and location with respect to topography and finished grade elevation, as may be necessary to make said determination. Prior to the commencement of any improvements, written approval - 07-173 02/28/07 may be withdrawn at any t.ime by the Committee by giving written notice to said party of its withdrawal of said approval. The Committee approval as required above shall be in writing and, in the absence of such written approval. construction plans and location plans shall be considered as disapproved. The building location on all lots shall be within the applicable county zor..ing ordinance, and at the discretion of the Corr~i t tee. l. Approval by the Committee shall not constitute a basis for liability of the member or membe:rs of the Conunittee, the Committee or the owner for any reason including without limitation; (i) failure of thE~ plans to conform to any applicable building code; or (ii) inadequacy or deficiency in the plans resulting in defects in the improvements. m. The ground floor area of any sinule-family residence erected on any of the lots shall not be less than 1,800 square feet for a single-story re::;idence, not less than :2,000 square fee~t for any on4= and one-half story or two story residence. At .:ached covered porches, covered stoops, bn:~ezeways, and garage shall not be included in computing said square footage. n. The foundation of all single-family resi.dences on any lot shall be faced with brick or stone veneer. Exposed piers supporting front porches shall be faced with brick or stone veneer. o. All single- family residences shall conform to a Colonial or Traditional Architectural scyle. No prefabricated single-family residences shall be erected on any lot. p. No fences shall be permi.tted between t:he single- family residences and the street line. Split-rail fences or other wooden fences may be built between the rear of the house and the rear lot :ine. The split-rail fence may be backed with wire to provide animal retention. q. Easements for installation and maintlanance of utilities and drainage are reserved as shown on the said subdivision plat. r. Except as otherwise provided by applicable law and unless approved by the Committee, no antenna, aerial, or device shall be erected or placed on any property, house, or garage, or other outbuilding other than the normal antennas, aerial or device necessary to facilitate the reception of television signals, and/or radio signals, normally incident to the radio and television receivers normally used in the home. Satellite dish type television antennas are specifically prohibited unless specifically approved in writing by the Committe'= and as otherwise provided by applicable law. (P) 07-174 02/28/07 s. Each and every covenant, condition, and easement herein imposed may be enforced by the undersigned or by the owner of any lot by appropriate proceedings at law or in equity against any party violating or attempting or threatening to violate the same. t. Manufactured Homes shall not be permitted. ( P) .~ Ayes: Miller, Humphrey, King, Sowder and Warren. Nays: None. 07SN0207 In Clover Hill Magisterial District, MICHAEL WOODY requests rezoning and amendment of zoning district map from Residential (R-15) 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 1.9 acres fronting approximately 300 feet on the south line of West Providence Road, also fronting approximately 290 feet on the west line of Grey Oak Drive and located in the southwest quadrant of the intersection of these roads. Tax ID 749-692-7580. Mr. Turner presented a summary of Case 07SN0207 and stated the Planning Commission and staff recommended approval and acceptance of the proffered conditions. J~ Mr. Andy Scherzer, representing the applicant, stated the recommendation is acceptable. Mr. Miller called for public comment. No one came forward to speak to the request. On motion of Mr. Warren, seconded by Mr. King, the Board approved Case 07SN0207 and accepted the following proffered conditions: 1. The public wastewater system shall be used. (U) 2. The applicant, subdivider, or assignee(s) shall pay the following, for infrastructure improvements within the service district for the property, to the county of Chesterfield prior to the issuance of building permit: A. $15,600.00 per dwelling unit, if paid prior to July 1, 2007; or B. The amount approved by the Board of Supervisors not to exceed $l5,600.00 per dwelling unit 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. C. Cash proffer paYments purposes proffered or law. (B&M) shall be spent for the as otherwise permitted by 07-175 02/28/07 3. Developrr,ent shall be limited to four (4) lots. (P) 4. Manufactured homes shall not be permitted. (P) 5. The minimum lot size shall be 15,000 square feet. ( P) 6. The minimum gross floor area for dwelling units shall be 2000 square feet.. (P) 7 . All exposed por'tions of the foundation of each new dwellin9 unit shall be faced with brick, decorative masonry or stone veneer. Exposed piers supporting front porches shall be faced with brick or stone veneer. (BI & P) 8. Except for timbering approved by the Virginia State Department of Forestry for the purpose of removing dead or diseased trees, there shall be no timbering on the Property until a land disturbance permit has been obtained from the Environmental Engineering Department and the approved devices installed. (EE) 9. Other than one (1) private driveway, direct vehicular access from the Provide::lce Road. (T) there shall be no property to West 10. In conjunction with recordation of the initial subdivision plat, forty-five (45) feet of right-of-way along the south side of Providence Road, measured from the centerline of that part of the roadway immediately adjacent to the property, shall be dedicated, free and unrestricted, to and for the benefit of Chesterfield County. (T) 11. To provide an adequate roadway system, thE! developer shall be responsible for the following improvements to be completed in conjunction with the initial development: A. Widening/improving the north side of Providence Road to an eleven (11) foot wide travel lane, measured from the existing centerline of the road, with an additional one (1) foot wide paved shoulder plus a seven (7) foot wide unpaved shoulder, and overlaying the full width of the road widl one and one-half (1 1h) inch of compacted bituminous asphalt concrete, with any modifications approved by the Transportation Department, for the entire property frontage. B. Dedication to Chesterfield County, free and unrestricted, any additional right-oi-way (or easements) required for the improvements identified above. In the event the developer is unable to acquire any "off-site" right-of-way that is necessary :Eor any improvement described in proffer condi tion 11, the developer may request, in w:r:'i ting, 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 07-176 02/28/07 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) ,~ l2. A solid board on board fence, a minimum of six (6) feet in height, shall be installed along the southern property line and shall extend from the front line of the building located on the lot adjacent to Tax ID 749- 692-8363 to the rear property corner of Tax ID 749-692- 8363. The exact design and treatment of the fence shall be consistent with the existing fence located on Tax ID 749-692-8363 as determined by the Planning Department at the time of tentative subdivision plan review. (P) Ayes: Miller, Humphrey, King, Sowder and Warren. Nays: None. 07SN0230 In Bermuda Magisterial District, DAVID L. AND JACALYN M. ATKINSON request rezoning and amendment of zoning district map from Agricultural (A) to Heavy Industrial (1-3). 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 18.2 acres fronting approximately 840 feet on the east line of Old Stage Road approximately 2,100 feet north of West Hundred Road. Tax IDs 803-656-4879 and 804-657-4017. Mr. Turner presented a summary of Case 07SN0230 and stated the Planning Commission and staff recommended approval and acceptance of the proffered conditions. Mr. Richard Minter, representing the applicant, stated the recommendation is acceptable. Mr. King inquired why the applicants are requesting Heavy Industrial zoning. Mr. Minter stated the applicants own an adj oining piece of property and want to combine their developments. Mr. King stated he was contacted by an adjacent property owner who was concerned about a buffer between his property and the subject property and the possibility of an asphalt plant being constructed as a result of the Heavy Industrial zoning. He further stated Old Stage Road is a historical road leading to Henricus Park, and he would like to protect the environment and aesthetics of this area. ""~ Mr. Minter stated the property owner might need Heavy Industrial zoning if he were to expand his business. In response to Board members' ques t ions, Mr . Turner s ta ted the adjacent property to the south is zoned Agricultural, but the land use plan would suggest it would be appropriate for industrial uses; therefore, the zoning ordinance would not require a buffer in this instance. He further stated the land use plan recommendation is for general industrial. He 07-177 02/28/07 stated the applicant has not. proffered a buffer, but the Board could impose OnE!. Mr. King stated he was just informed of the adjacent. property owners' issu.es today. He further stated this is an aesthetically sensitive area, and he would prefer to have an additional 30 days to study the case. Mr. Miller ca.lled for public comment. Mr. David Atkinson, owner of the subject property, stated he would prefer that the Board move forward with this request. He further s ta ted he met wi th the adj 0 ining property owner, Mr. Leimberger, and informed him that he has no intemtions of moving his buffer. He stated he has been operating his business undE~r a special use permit. and now needs to relocate his business, In response to Mr. King's does not plan to use the producing plant and would condition to that effect. question, Mr. Atkinson stated he subj ect property for an asphalt be willing to submit a proffered Mr. Micas stated the Board must defer the request for 30 days to accept a new proffered condition. After brief discussion relative to the budget public hearing scheduled for March 28th, Mr. King made a motion, sE:!conded by Mr. Sowder, for the Board to defer Case 07SN0230 until March 28, 2007. Ayes: Miller I Humphrey, King, Sowder' and Warren. Nays: None. --" 07SR0259 In Bermuda Magisterial District, RICHARD A. MOORE requests renewal of temporary manufactured home permit 99SR0301 to park a temporary manufactured home in a Residential (R-7) District. The density of this proposal is approximately 2.25 units per acre. The Comprehensive Plan suggests the property is appropriate for residential use of 7.01-10 units per acre. This property is known as 2527 Dwight Avenue. Tax rD 792- 676-3347. Mr. Turner presented a summary of Case 07SR0259 and stated staff recommends approval subject to conditions. Mr. Richard Moore stated the recommendation is acceptable. Mr. Miller called for public comment. No one came forward to speak to the request. On motion of Mr. King, seconded by Mr. Warren, the Board approved Case 07SR02:;9, subject to the following conditions: 1. The applicant shall be the tempora.ry manufactured home. owner and occupant of ( P) the 07-178 02/28/07 2. This temporary manufactured home permit shall be granted for a period not to exceed seven (7) years from date of approval. (P) 3. This parcel may not be rented or leased for use as a temporary manufactured home site nor shall this temporary manufactured home be used for rental property. (P) ...-... 4. No additional permanent type living space may be added onto this temporary manufactured home. (P) 5. This temporary manufactured home must be skirted and may not be placed on a permanent foundation. (P) Ayes: Miller, Humphrey, King, Sowder and Warren. Nays: None. 07SN0166 In Dale Magisterial District, G & E ENTERPRISES requests rezoning and amendment of zoning district map from Neighborhood Business (C-2) and Corporate Office (0-2) to Community Business (C-3) plus Conditional Use Planned Development to permi t 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 office and residential use of various densities. This request lies on .6 acre lying approximately twenty (20) feet off the east line of Hopkins Road approximately 300 feet south of Meadowdale Boulevard. Tax ID 781-684-1434. .:"......... Ms. Beverly Rogers presented a summary of Case 07SN0166 and stated since the Planning Commission's consideration of the request, the applicant has reduced the amount of parking exception being requested to one space for each 200 square feet of restaurant use. She further stated an additional proffered condition was submitted to address archi tectural treatment. She noted that an adjacent property owner was present at the Planning Commission meeting expressing concerns that the parking exception may result in patrons utilizing his property for parking. She stated there is an easement that exists to the subject property to allow the use of excess spaces on that adjacent property; however, it is not currently zoned to permit the proposed uses and therefore, staff is unable to count those spaces towards the parking requirement for the proposed use. She further stated the Planning Commission recommended approval subject to one condition and acceptance of three proffered conditions. She stated staff recommended denial because the proposed restaurant uses do not conform to the Central Area Plan, and the requested parking exception could result in a parking space shortage. Discussion ensued relative to the parking exception proposal considered by the Planning Commission, the current parking exception proposal, and utilization of the easement for parking for the proposed use. Mr. William Shewmake, representing the applicant, stated Cross Roads Coffee and Ice Cream has been looking for a space 07-179 02/28/07 in ChesterfiE!ld County and is excited about being able to serve the Hopkins Road communi ty . He further s ta ted thi s type of business would be a tremendous addition to the area and would also spur office development.. He stated thE~ applicant ha!::. reduced the parking exception requirE~ment and also addressed architectural issues. He requested the Board's approval of the proposal. Mr. Miller called for public comment. No one came forward to speak to the request. Mr. Miller stated, although the case is troublesome because of parking limitations, he thinks it will be a welcome addition to this area of the Dale District. He further stated the land has been vacant for some time and is adjacent to a fast-food resta.urant. He stated he agrees with Mr. Shewmake that the business might encourage other office development in the area. Mr. Miller then made a motion, seconded by Mr. King", for the Board to suspend its rules at this time to allollil for the amended condition and the additional proffered condition. Mr. Miller made a motion, seconded by Mrs. Humphrey, for the Board to approve Case 07SN0166 subject to one condit.ion and acceptance of the proffered conditions. Mrs. Humphrey stated she feels this is a perfect business for this location and will be a good investment for the Meadowbrook community. Mr. Miller called for a vote on his motion, secondE~d by Mrs. Humphrey, for the Board to approve Case 07SN0166 subject to the followin;r condition: ..,._~r The Textual Statement dated February 16, 2007 shall be considered the master plan. (P) And, further, the Board accepted the following proffered conditions: 1. Uses. Uses shall be limited to those uses permitted by right or with restrictions in the Neighborhood Office (0-1) District plus restaurant uses, to include fast food restaurants without drive--in windows. (P) 2. Stormwater Retention. The developer will retain the ten year post-development runoff on site and release at the two year pre-development rate. (EE) 3. Direct vehicular access to Hopkins Road shall be limited to one entrance/exit. The exact location of this entrance/exit shall be approved by the Transportation Departrr.ent. Prior to any site plan approval, an access easement, acceptable to the Transportation Department, shall be recorded from Hopkins Road to the adj acent property to the north. (T) 4. Archi t€:ctural to a maximum square feet. resider.tial Treatment. Development shall be limited of one building not to exceed 2000 gross 1'he architectural treatment shall have a character and the facades shall be 07-180 02/28/07 constructed primarily of brick. This shall not preclude the use of glass windows; however, the windows shall blend with the residential architectural character. The exact treatment shall be approved by the Planning Commission. (P) Ayes: Miller, Humphrey, King, Sowder and Warren. Nays: None. 06SN0344 In Midlothian Magisterial District, JMS INVESTMENTS LLC requests rezoning and amendment of zoning district map from Agricultural (A) and Corporate Office (0-2) to Neighborhood Business (C-2). The densi ty 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 on 1.6 acres fronting approximately 150 feet on the south line of Midlothian Turnpike, also fronting approximately 610 feet on the west line of County Line Road and located in the southwest quadrant of the intersection of these roads. Tax ID 705-708-2447. Ms. Rogers presented a summary of Case 06SN0344 and stated the subject property was originally thought to be in powhatan County. She further stated an adjustment was made to the county boundary line in 1995, and it was determined that a portion of the property was actually located in Chesterfield. She stated the Planning Commission unanimously recommended approval of the rezoning request and acceptance of the proffered conditions. She further stated staff recommended denial because the application fails to adequately address transportation impacts. Mr. Andy Scherzer, representing applicant has worked with the neighbors to provide additional protect the integrity of the area. approval of the proposal. the applicant, stated the Planning Commission and proffered conditions, to He requested the Board's Mr. Miller called for public comment. No one came forward to speak to the request. Mr. Sowder stated this is a very unique case, with the county line going right through the center of the existing bank building. He further stated the proffered conditions have been substantially increased to address transportation issues. He stated he feels the proposal is a very good compromise, and there is a need for additional commercial development in this area. Mr. Sowder then made a motion, seconded by Mr. King, for the Board to approve Case 06SN0344 and accept the following proffered conditions: 1. Uses shall be restricted to those permitted by right or wi th restrictions in the Corporate Office (0-2) District. Provided, however, Neighborhood Business (C-2) uses shall be permitted within the structure shown on the plan dated December 29, 2006, prepared by Balzer and 07-181 02/28/07 Associates, Inc. (Plan), to include use of the existing parking and access both of which are shown on the PlaIl to serve the uses within the building shown on the Plan.. Should the structure be removed; damaged such that the estimated reconstruction cost, exclusive of foundation, exceeds fifty percent of its assessed value per county records; or expanded beyond a cumulative area of 3,800 gross square feet, which includes any expansion that may occur within powhatan County, uses shall be restricted to thOSE~ permitted by right or with restrictions in the 0-2 District. (P) 2. A maximum of eight (8) parking spaces associated with any Neiuhborhood Business (C-2) uses located adjacent to and west of the subject property within powhatcm County, such property being identified on the Plan, shall be permitted on the subject property provided they are located behind the rear line of the existing structure. Should the existing structure be removed, such parking shall be located no closer than eighty (80) feet from the ultimate right-of-way of Midlothian Turnpike. (P) 3. Prior to, or in conjunction with, 1) construction of any new structures, 2) expansion of the structure identified on the Plan beyond a cumulative area of :3,800 gross square feet, which includes any expansion that may occur within powhatan County, or 3) construction of any parking or access other than that shown on the Plan, the followi:1.g shall be accomplished: A. The 0.45 phosphorus runoff standard shall be achieved on si te through BMP' s or other measures. (EE) B. Freestanding light height of fifteen of curb. (P) fixtures shall not exceed a (15) feet measured from the top C. Except for timbering approved by the Virginia State Department of Forestry for the purpose of removing dead or diseased trees, there shall be no timbering on the Property until a land disturbance permit has been obtained from the Environmental Engineering Department and the approved devices installed. (EE) D. The public water and wastewater systems shall be utilized for all structures. (U) E. Access. :1. Direct vehicular access from the property to County Line Road shall be limi tE~d to one entrance/exit. The exact location of this access shall be approved by the Transportation Depart:ment. ,-,,,, ii. There shall be no direct vehicular access from the property to Route 60. (T) F. To provide an dE!veloper shall improvements: adequate roadway be responsible for system, the the following 07-182 02/28/07 i. Prior to site plan approval, a maximum forty- five (45) feet of right-of-way along the west side of County Line Road, measured from the centerline of that part of the roadway immediately adjacent to the property, shall be dedicated, free and unrestricted, to and for the benefit of Chesterfield County. .",-.. ii. Construction of an additional lane of pavement along Route 60 for the entire property frontage. iii. Construction of additional pavement along County Line Road at the approved access to provide left and right turn lanes, if warranted, based on Transportation Department standards. iv. Widening/improving the west side of County Line Road to an eleven (11) foot wide travel lane, measured from the existing centerline of the road, with an additional one (1) foot wide paved shoulder plus a seven (7) foot wide unpaved shoulder, and overlaying the full width of the road with one and a half (1.5) inch of compacted bituminous asphalt concrete, with any modifications approved by the Transportation Department, for the entire property frontage. v. Closing the existing access to Route 60 and County Line Road, and vi. Dedication to Chesterfield County, free and unrestricted, any additional right-of-way (or easements) required for the improvements identified above. In the event the developer is unable to acquire any "off-site" right-of- way that is necessary for any improvement described in Proffered Condition 3.F. 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 wi thin available right-of-way, as determined by the Transportation Department. In this event, the road improvements may differ from those identified above because of limited right-of-way. (T) G. Prior to any site plan approval, a phasing plan for the required road improvements, as identified in Proffered Condition 3.F, shall be submitted to and approved by the Transportation Department. (T) Ayes: Miller, Humphrey, King, Sowder and Warren. Nays: None. 07-183 02/28/07 16. PUBLIC :a:EARINGS There were no public hearings at this time. 17. REMAINI~G MANUFACTURED HOME PERMITS AND ZONING REQUESTS There were no remaining requests for manufactured home permits or zoning at this time. 18. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED MATTERS Mr. C. L. Morrissette briefly addressed the Board relative to a sign on hi!:. property. Mr. King stated Mr. Dick Page has inquired of the county's agreement with VDOT for illegal sign::: in road right of ways. about the status the rE~moval of Assistant County Attorney Tara McGee stated, since staff submitted thE! agreement to the state, an Interim Commissioner of VDOT has been appointed; therefore, staff was reQUested to re-submit the agreement with the new Commissioner's name. She further stated the agreement has been re-submitted to VDOT, and staff will follow up on the status of the agreement this week. She stat.ed a team has been working towards providing training and information for volunteers, so that the program can begin once the agreement has been received. Mrs. Humphrey recogni zed Mr. Mike Garri ty , reporter, who was present at the meeting. for his service to the residents of congratulated him on his new position in St. Channel 12 news She thanked him the region and Louis. Mr. Garrity stated it has been a privilege to cover Chesterfield County during this point in history, and he hopes his n~ports have contributed to making the county a better place. He introduced Ms. Beth Danziger f who will replace him as the ne'l\7s reporter for Chesterfield County. 19 . ADJOURNJIENT On motion of Mrs. Humphrey, seconded by Mr. Warren, the Board adjourned at 8:06 p.m. until March 12, 2007 at 5:00 p.m. for dinner, followed by budget presentations at 6:00 p.m. Ayes: Mi 11 er . Humphrey. King, Sowder and lllJarren. Nays: None. - ,~< lLlJ~7~' Lane B. RamsE?y " County Administrator ( l ~~_~'~:r--/) "-.. /f'" /,/ ,/--~ ';:~~x:~' ~/ Kelly E. Chairman ~-"-~," 07-184 02/28/07