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06-27-2007 Minutes BOARD OF SUPERVISORS MINUTES June 27, 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 ,,-... 07-548 Staff in Attendance: Colonel Carl R. Baker, Police Department Mr. George Braunstein, Exec. Dir., Community Services Board Mr. Kevin Bruny, Dean, Chesterfield University Mr. Allan Carmody, Dir., Budget and Management Ms. Marilyn Cole, Asst. County Administrator Mr. Barry Condrey, Chief Information Officer Mr. Roy Covington, Dir., Utilities Ms. Mary Ann Curtin, Dir., Intergovtl. Relations Mr. Charles Dane, Dir., External Services Mr. Jonathan Davis, Dir., Real Estate Assessments Mr. will Davis, Dir., Economic Development Ms. Rebecca Dickson, Dep. County Administrator for Human Services Mr. William Dupler, Building Official 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. Thomas E. Jacobson, Dir., Revitalization Ms. Kathryn Kitchen, Asst. Supt. of Schools for Business and Finance Mr. Louis Lassiter, Dir., Internal Audit Ms. Mary Lou Lyle, Dir., Accounting Chief Paul Mauger, Fire Department Mr. R. John McCracken, Dir., Transportation Mr. Richard M. McElfish, Dir., Env. Engineering Mr. Steven L. Micas, County Attorney Mr. Francis Pitaro, Dir., General Services Mr. James J. L. Stegmaier, Depu ty Co. Admin., Management Services Mr. M. D. Stith, Jr., Deputy Co. Admin., Community Development Mr. Kirk Turner, Dir., Planning Ms. Judy L. Worthington, Circuit Court Clerk - Mr. Miller called the regularly scheduled meeting to order at 3:18 p.m. 1. APPROVAL OF MINUTES FOR MAY 23, 2007 (REGULAR MEETING) AND JUNE 12, 2007 (SPECIAL MEETING) On motion of Mrs. Humphrey, seconded by rllr. Sowder, the Board approved the minutes of May 23, 2007 and June 12, 2007, as submitted. Ayes: Miller, Humphrey, King, Sowder and Warren. Nays: None. 2. COUNTY ADMINISTRATOR'S COMMENTS Mr. Ramsey introduced Ms. Cindy Marshall from Chesterfield Fire and EMS, who has coordinated the county's blood drives over the past several years and Ms. Jenny Madden, representing Virginia Blood Services. --' Ms. Madden presented Ms. Marshall with a plaque and a gift in appreciation of her efforts in coordinating the county's blood drives. Mr. Ramsey commended Ms. Marshall on her outstanding efforts in coordinating the county's blood drives. Ms. Marshall and Ms. Madden both expressed appreciation to Mr. Ramsey for his support of the blood drives. 2.A. CARNEGIE PRESENTATION Deputy Chief Frank Edwards introduced Firefighter Brian Rothell and Mr. Douglas Chambers and Ms. Susan Marcy, representing the Carnegie Hero Fund Commission. He provided details of the heroic actions of Firefighter Rothell on March 25, 2006 in rescuing an individual from the railing of the Nickel Bridge, while off-duty. -- Mr. Chambers stated Firefigher Rothell selflessly risked his own life to save the life of a stranger. He provided a video presentation detailing the history of the Carnegie Hero Fund and highlighting various heroic acts for which Carnegie Medals have been awarded. Mr. Chambers and Ms. Marcy presented the Carnegie Medal to Firefighter Rothell. A standing ovation followed. Mr. Miller and Mr. Ramsey commended Firefighter Rothell on his heroic actions. 2.B. GOVERNMENT FINANCE OFFICERS' ASSOCIATION CERTIFICATE OF ACHIEVEMENT FOR THE ACCOUNTING DEPARTMENT Mr. Ramsey recognized Ms. Lyle and staff from the Accounting Department for receiving the Certificate for Achievement for Excellence in Financial Reporting for the 26th consecutive year. He commended them on their outstanding efforts in financial reporting. 2.C. INTRODUCTION OF INTERNS Mr. Ramsey stated this is the 19th year for the county's Diversity Internship Program. He called forward each of the interns, who introduced themselves to the Board. 3. BOARD MEMBER REPORTS Mrs. Humphrey thanked members of Chesterfield Fire and EMS, specifically Station 19, for their efforts in containing a fire at her home on the morning of June 8th when she lost her garage and a great deal of personal property. - 4. REQUESTS TO POSTPONE AGENDA ITEMS AND ADDITIONS, OR CHANGES IN THE ORDER OF PRESENTATION - On motion of Mr. Sowder, seconded by Mr. King, the Board replaced Item 8.B.5., Appointments to the Health Center Commissionj added Item 8.D.2.l., Adoption of Resolution Recognizing Dr. Betty-Hunter Clapp on the Occasion of Her 80th Birthday i added Item 8. D. 2. m. , Adoption of Resolution Authorizing provision of Financial Information and Execution of Closing Documents Relating to Issuance of Approximately $85,000,000 in Revenue Bonds and Notes for the Expansion of the Riverside Regional Jaili replaced Item 8.D.14., Transfer of Funds from the Reserve for Capital Projects Fund to Parks and Recreation for Construction of Restrooms and Concession Stands at Providence, Salem and Manchester Middle Schools and Award of Three Construction Contracts for Restrooms and Concession Stands at Providence, Salem and Manchester Middle Schoolsj added Item 8.D.19., Initiation of a Conditional Use Planned Development Application for Midlothian High School for a Computer Controlled Variable Message Electronic Signi replaced Item 19., Closed Session Pursuant to Section 2.2- 3711 (A) (1), Code of Virginia, 1950, as amended, to Discuss Prospective Candidates for Appointment to the Position of County Administrator and to Interview Applicants for Appointment to the position of County Administrator and Pursuant to Section 2.2-3711(A) (7) for Consultation with Legal Counsel Regarding a Specific Legal Matter Requiring the provision of Legal Advice Relating to a Lawsuit Affecting the Acquisition of a Leasehold Interest in Cloverleaf Mall, and moved it to Item 10.B. to be heard after Item 10., Fifteen- Minute Citizen Comment Period on Unscheduled Matters i 07-550 06/27/07 GUill replaced Item 16.I., Public Hearing to Consider Adoption of an Ordinance Creating the powhite Parkway Extension West Service District for Road Construction Improvements to Serve Magnolia Greenj and adopted the Agenda, as amended. Ayes: Miller, Humphrey, King, Sowder and Warren. Nays: None. 5. RESOLUTIONS - o RECOGNIZING MR. CHARLES H. ROTH, JR., FLEET MANAGEMENT DIVISION, AUTOMOTIVE TECHNICIAN, UPON HIS RETIREMENT Mr. pi taro introduced Mr. Charles Roth" who was present to receive the resolution. On motion of the Board, the following re:::olution was adopted: WHEREAS, Mr. Charles H. Roth Jr. retired May 1, 2007 after providing more than twenty-seven years of dedicated and faithful service to Chesterfield County and Chesterfield County Public Schoolsj and WHEREAS, Mr. Roth began his service November 12, 1979 as an automotive technician for Chesterfield County Public Schoolsj and WHEREAS, Mr. Roth served as automotive technician, in the Department of General Services, Fleet Management Division for fourteen yearsj and -'" WHEREAS, Mr. Roth has seen the county bus fleet nearly double its present size of almost 600 busesj and WHEREAS, Mr. Roth always performed responsibili ties in a professional manner, welfare and safety of the children and Chesterfield County Public Schools and employees above his ownj and his duties and and placed the operators of fellow county WHEREAS, Mr. Roth strived to better himself as a county employee by earning the National Institute for Automotive Service Excellence Master Machinist certificationj and WHEREAS, Mr. Roth was instrumental in helping maintain a 95 percent daily school bus availability rate. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 27th day of June 2007, publicly recognizes Mr. Charles H. Roth Jr. and extends appreciation for his more than tWEmty- seven years of dedicated service to the county, congr.atu1ations upon his retirement, and best wishes for a long and happy retirement....-" Ayes: Miller, Humphrey, King, Sowder and Warren. Nays: None. Mr. Miller presented the executed resolution and a Jefferson Cup to Mr. Roth, accompanied Mr. Pitaro, thanked him for his dedicated service, and congratulated him on his retirement. 07-551 06/27/07 6. WORK SESSIONS 6.A. REVIEW 2007 GENERAL ASSEMBLY LEGISLATION Mr. Micas summarized 2007 General Assembly legislative changes requiring Board action, as well as optional legislative changes permitting Board action, and provided staff's recommendations for the legislative changes. He provided details of the legislative changes relative to establishing a "photo-red" traffic light enforcement program and providing for real estate tax relief for the elderly and handicapped program to provide for prorated reduction in real estate taxes if one of the property owners is not eligible. He stated the county's practice for many years has been to allow property owners, with one person qualifying for tax relief, to be eligible for the tax relief program in its entirety. He noted that the prorated tax relief would not apply to a spouse who might not be eligible, but would apply to a son or daughter. In response to Mr. legislati ve change relief program. Miller's question, Mr. Micas stated the is mandated if the locality has a tax In response to Mr. King's question, Mr. Micas stated there will probably be some unhappy taxpayers when they receive a larger than anticipated real estate tax bill. Mr. Sowder inquired about the number of taxpayers impacted by this legislation. Chesterfield Mr. Jeff Mincks, Deputy County Attorney, came forward and stated he does not think a large number of citizens will be impacted by the legislation because, in most cases, the non- qualified person in the household is the spouse, and the legislation would not change the full qualification of those properties. Discussion ensued relative to enforcement challenges in determining the number of unrelated persons in a single- family dwelling and to increased penalties for violation of the county's erosion and sediment control ordinance. Mr. Sowder inquired whether the three-year real estate tax relief program puts Chesterfield in a competitive position with Henrico County. Mr. Micas stated the legislative change only increases the maximum qualifying net worth for the county's tax relief program. Mr. Ramsey noted that staff's recommendation is to take no action now on the legislative change relative to the maximum qualifying net worth because this is typically done during the budget process. He noted the Board has already adopted the county's tax relief program for the current year. On motion of Mr. King, seconded by Mr. Warren, the Board directed staff to prepare ordinance revisions: 1) to amend the county's spot blight abatement ordinance to provide that the lien that is placed on blighted property which has been improved at public expense will bear interest at the legal rate of interest provided by state statute i 2) to consider 07-552 06/27/07 amending the courthouse security fee ordinance to increase the fee from $5 to $10 per criminal or traffic case; 3) to consider amending the County Code to increase civil penalties for violation of the county's erosion and sediment control ordinance; 4) to consider an amendment to the county's ordinance regulating the carrying of loaded firearms on public highways to limit application of the ordinance to certain persons who are carrying loaded firearms for the purpose of hunting; 5) to consider exempting one motor vehicle owned or leased by a police officer (local and state), deputy sheriff, salaried firefighter and salaried emergency medical technician from the payment of the county's vehicle license fee; and 6) to consider an amendment to the county's real estate tax relief for elderly and handicapped program to provide for pro-rata relie:f in cases where a dwelling is owned jointly by qualifying and non-qualifying individuals. And, further, the Board referred to the Planning Commission for recommendation the legislative changes relative to: 1) amending the county's ordinance provisions governing the processing of subdivision plats and site plans to include new state requirement to forward plats/site plans to the Virginia Department of Transportation and other applicable state agencies for review; 2) amending the county's zoning ordinance to modify the regulation of farm wineries; and 3) amending the zoning ordinance to increase penalty for violation of zoning provisions restricting the number of unrelated persons (4 persons) in a single-family dwelling. And, further, the Board referred to the Building Inspection and Budget Departments for recommendation the legislative change relative to amending the County ~ode to provide that energy-efficient buildings will be taxed at a lesser rate than other real estate; and referred to the Police Department for recommendation the legislative change relative to amending the County Code to establish a "photo-red" traffic light enforcement program at selected intersections within the county. And, further the Board took no action at this time on the legislative change relative to increasing the maximum qualifying net worth for the county's tax relief for the elderly and handicapped program, and added an item to the 200S Legislative Program to allow full tax relief in joint ownership situations. Ayes: Miller, Humphrey, King, Sowder and Warren. Nays: None. 6.B. ROAD IMPACT FEES Mr. Ramsey stated the General Assembly amended the "Northern Virginia" impact fee authority to the point that, staff believes if the Board chooses, the road impact fee legislation will work for Chesterfield County. He further stated the work session was placed on this agenda, hoping that the modeling would be completed to provide a number that staff believes could be justified for the impact fee. He stated staff is still working on the model and wants to make sure the information provided to the Board is correct. He further stated staff is recommending t:hat the Board defer 07-553 06/27/07 -- ---'" ,,--'" until July 25, 2007 the work session relative to road impact fees, as well as the agenda items appointing members to the Impact Fee Ordinance Advisory Committee and referring this issue to the Planning Commission. He stated the Board can suspend its rules to consider the deferral of Items 8.B.3. and 8.D.5. at this time. On motion of Mrs. Humphrey, seconded by Mr. King, the Board suspended its rules at this time to consider the deferral of the following items at this time: Item 8.B.3., Appointments to Impact Fee Ordinance Advisory Committeej and Item 8.D.5., Refer Impact Fee Road Improvement Plan, Comprehensive Plan Amendment and Impact Fee Ordinance to Planning Commission for Recommendation in Sixty Days. Ayes: Miller, Humphrey, King, Sowder and Warren. Nays: None. On motion of Mrs. Humphrey, seconded by Mr. Sowder, the Board deferred the following items until July 25, 2007: Item 6.B., Work Session Regarding Road Impact Fees; Item 8.B.3., Appointments to Impact Fee Ordinance Advisory Committeej and Item 8.D.5., Refer Impact Fee Road Improvement Plan, Comprehensive Plan Amendment and Impact Fee Ordinance to Planning Commission for Recommendation in Sixty Days. Ayes: Miller, Humphrey, King, Sowder and Warren. Nays: None. 7. DEFERRED ITEMS There were no deferred items at this time. 8. NEW BUSINESS 8.A. ESTABLISHING SALARIES FOR THE 2008 - 2011 BOARD OF SUPERVISORS Mr. Micas stated the existing Board must set salary maximums for the Board of Supervisors for the 2008-2011 term prior to July 1, 2007. He further stated, for the past four terms, the Board has used the practice of providing salary adjustments for Board members commensurate with the adjustments given to employees on an annual basis. On motion of Mr. King, seconded by Mr. Sowder, the Board established salaries for the 2008-2011 Board of Supervisors with adjustments commensurate with the adjustments given to employees on an annual basis, not to exceed $32,429 on January 1, 2008; $33,889 on January 1, 2009j $35,414 on January 1, 2010j and $37,008 on January 1, 2011. And, further, the supplements of Chairman and Vice-Chairman remain unchanged at $3,150 for Chairman and $1,575 for vice- Chairman. Ayes: Miller, Humphrey, King, Sowder and Warren. Nays: None. 07-554 06/27/07 a.B. APPOINTMENTS On motion of Mrs. Humphrey, seconded by rllr. Miller, the Board suspended its rules at this time to allow for simultaneous nomination/appointment/reappointment of members to serve on the Senior Connections Board, Board of Building Code Appeals, Impact Fee Ordinance Advisory Committee, Economic Development Authority for the County of Chesterfield, and the Health Center Commission. Ayes: Miller, Humphrey, King, Sowder and Warren. Nays: None. -' a.B.1. SENIOR CONNECTIONS BOARD On motion of Mrs. Humphrey, seconded by Mr. King, the Board simultaneously nominated/reappointed Ms. Rebecca Dickson to serve on the Senior Connections Board, whose term is effective July 1, 2007 and expires June 30, 2010. Ayes: Miller, Humphrey, King, Sowder and Warren. Nays: None. a.B.2. BOARD OF BUILDING CODE APPEALS On motion of Mrs. Humphrey, seconded by Mr. King, the Board simultaneously nominated/reappointed the following at-large members to serve on the Board of Building Code Appeals, whose terms are effective July 1, 2007 and expire June 30, 2010: Mr. Robert W. Andrus, Mr. Steven M. Applegate, Mr. William G. Fields, Mr. Robert Foster, Mr. Timothy D. Grider, Mr. Lonnie Miller and Mr. James D. Snowa. -" Ayes: Miller, Humphrey, King, Sowder and Warren. Nays: None. a.B.4. ECONOMIC DEVELOPMENT AUTHORITY FOR THE COUNTY OF CHESTERFIELD On motion of Mrs. Humphrey, seconded by Mr. King, the Board simultaneously nominated/appointed/reappointed Mr. James Briggs, Mr. Lloyd Lenhart, and Ms. Terri Cofer Beirne, representing the county at-large, to sl::~rve on the Economic Development Authority for the County of Chesterfield, whose terms are effective July 1, 2007 and expire June 30, 2011. Ayes: Miller, Humphrey, King, Sowder and Warren. Nays: None. a.B.5. HEALTH CENTER COMMISSION On motion of Mrs. Humphrey, seconded by Mr. King, the Board simultaneously nominated/appointed/reappointed Ms. Michelle Stoll, representing the Dale District, Mrs. Janice Dial, representing the Clover Hill District, Dr. David Beam, representing the Bermuda District, and Ms. Margie Davis, representing the Midlothian District, to serve on the Health Center Commission, whose terms are effective July 1, 2007 and expire June 30, 2011. ---/ Ayes: Miller, Humphrey, King, Sowder and Warren. Nays: None. 07-555 06/27/07 a.c. STREETLIGHT INSTALLATION COST APPROVALS Mr. Sowder stated the streetlight request for the Brighton Green Subdivision is to be located on property not owned by the requestor, and several of the neighbors are opposed to it. Mr. Sowder then made a motion, seconded by Mr. Miller, for the Board to deny the streetlight installation request in the Midlothian District in the vicinity of 9519 Ashton Court in the Brighton Green Subdivision. And, further, the Board approved the following streetlight installations in the Michaux Creek Subdivision in the Midlothian District: . In the vicinity of 419 Michaux Ridge Court Cost to install streetlight: $708.87 . In the vicinity of 213 Michaux Run Court Cost to install streetlight: $600.91 . In the vicinity of 13901 Michaux view Way Cost to install streetlight: $779.33 Ayes: Miller, Humphrey, King, Sowder and Warren. Nays: None. On motion of Mr. Miller I seconded by Mr. King, the Board approved the following streetlight installations in the Dale District: . In the Wilkinson Place Subdivision, on Sherman Road, in the vicinity of 4301 on the existing pole Cost to install streetlight: $272.13 . Not in a recorded subdivision, at the intersection of Castlewood Road and Cogbill Road Cost to install streetlight: $674.48 Ayes: Miller, Humphrey, King, Sowder and Warren. Nays: None. S.D. CONSENT ITEMS - On motion of Mr. Miller, seconded by Mr. King, the Board removed the following items from the Consent Agenda for public comment: Item 8.D.11.a., Request for permission from Lester A. Blevins for an Exception to the Use of Public Wastewater for a Proposed Residential Structure Located on Birdsong Lane; Item 8.D.15.a., Transfer of District Improvement Funds from the Clover Hill District Improvement Fund to the Department of Parks and Recreation to Purchase and Install an Entrance Sign at Rockwood Park; and Item 8.D.19., Initiation of a Conditional Use Planned Development Application for Midlothian High School for a Computer Controlled Variable Message Electronic Sign. Ayes: Miller, Humphrey, King, Sowder and Warren. Nays: None. 07-556 06/27/07 Mr. King stated Item 8. D. 16. on the Consent Agenda involves the acceptance of a grant and awarding of a contract to rehabilitate the runway at the Airport. He further stated the construction proj ect will likely impact to some degree the various business activities at the Airport. He stated the business which he owns, King's Korner Enterprises, Incorporated, leases space from Dominion Aviation and operates the King's Korner Restaurant and catering business at the Airport and noted that his business' lease is to some degree dependent on maintaining uninterrupted traffic at the Airport. Mr. King then declared a conflict of interest under the Virginia Conflict of Interest Act regarding Item 8. D .16. He noted that he will also be declaring a conflict of interest this evening with Item 16. L., Public Hearing to Consider FY2007 Year End Adjustments, for the same reason and will speak as a citizen at this public hearing. --- Mr. Warren made a motion, seconded by Mr. Miller, for the Board to remove the following item from the Consent Agenda: Item 8. D. 16 ., Award a Contract to Rif:enburg Construction, Incorporated for a proj ect to Rehabilitate Runway 15/33 and Taxiways, Construct Fillets and Connector Taxiway. Ayes: Miller, Humphrey, King, Sowder and Warren. Nays: None. a. D. 1. APPROVE NAMING OF THE ROCKWOOD P1~RK TENNIS COMPLEX AFTER FRANK EDWARD MCDAVID ....-/ On motion of Mr. Miller, seconded by Mr. King, the Board approved the naming of the Rockwood Park Tennis Complex after Frank Edward McDavid. Ayes: Miller, Humphrey, King, Sowder and Warren. Nays: None. a.D.2. ADOPTION OF RESOLUTIONS a.D.2.a. RECOGNIZING MR. DWAINE K. FRIE!)LINE, ENVIRONMENTAL ENGINEERING DEPARTMENT, UPON HIS RETIREMENT On motion of Mr. Miller, seconded by Mr. King, the Board adopted the following resolution: WHEREAS, Mr. Dwaine K. Friedline will retire from employment with Chesterfield County on June 30, 2007 after providing over sixteen years of dedicated and faithful service; and WHEREAS, Mr. Friedline began his career with ~ Chesterfield County on September 1, 1974 as a Police Officer( and served for fourteen years in a law enforcement capacity; and WHEREAS, during his tenure in law enforcement, Mr. Friedline served as a Patrol Officer, Forensic Officer, Investigator assigned to Crimes Against Persons, and Sergeant assigned to Crimes Against Property; and 07-557 06/27/07 WHEREAS, Mr. Friedline was selected as 1983 Chesterfield County Police Officer of the Year in recognition for exceptional performance in investigating and for solving crimes against persons, notably rape, robbery, and death investigations; and WHEREAS, Mr. Friedline returned to public service on March 28, 2005 with the Environmental Engineering Department as a Senior Environmental Construction Inspector where he has made a dramatic impact on the enforcement processes of the department; and WHEREAS, in recognition of his dedication and exceptional job performance, Mr. Friedline has received numerous accolades and commendations from citizens for his excellent customer service and from the department for his commitment to quality; and WHEREAS, Mr. Friedline always performed his duties and responsibilities in a professional manner, placing the welfare and safety of citizens and fellow county employees above his own personal comfortj and WHEREAS, Mr. Friedline will be missed by his supervisors and peers for his expertise in erosion and sediment control compliance and his positive and professional manner. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes the outstanding contributions of Mr. Dwaine K. Friedline, and expresses appreciation on behalf of all residents for his service to the county, congratulations upon his retirement, and best wishes for a long and happy retirement. Ayes: Miller, Humphrey, King, Sowder and Warren. Nays: None. 8.D.2.b. RECOGNIZING FIREFIGHTER RAY D. WHITLOCK, CHESTERFIELD COUNTY FIRE AND EMERGENCY MEDICAL SERVICES DEPARTMENT, UPON HIS RETIREMENT On motion of Mr. Miller, seconded by Mr. King, the Board adopted the following resolution: WHEREAS, Firefighter Ray D. Whitlock will the Fire and Emergency Medical Services Chesterfield County, on July 1, 2007; and retire from Department, WHEREAS, Firefighter Whitlock attended Recruit School #7 in 1977 and has faithfully served the county for 30 years in various assignments, as a firefighter paramedic and fire sergeant at the Chester, Manchester, Ettrick, Midlothian, Bon Air, Dutch Gap, Matoaca, Swift Creek, and Winterpock Fire and EMS Stations; and WHEREAS, Firefighter Whitlock served as a firefighter and sergeant on both engine and truck companies, managed the department's electrical shop, and self -contained breathing apparatus shop; and WHEREAS, Firefighter Whitlock was successful fire and emergency medical involved in many rescues and vehicle 07-558 06/27/07 extrications during his years of public service resulting in two life save awards; and WHEREAS, Firef ighter Whitlock has always been known as an effective team player who worked to "get the job done," and during his career he has been recognized as an effective team memberi and WHEREAS, Firefighter Whitlock helped firefighters and paramedics during his career, forever benefit our department; and train many which will --- WHEREAS, Firefighter Whitlock touched the lives of many citizens and made many sacrifices durin.; his career to make Chesterfield County a safer place to live and raise a family. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes the contributions of Firefighter Ray D. Whitlock, expresses the appreciation of all residents for his service to the county, and extends appreciation for his dedicated service and congratulations upon his retirement. Ayes: Miller, Humphrey, King, Sowder and Warren. Nays: None. a.D.2.c. RECOGNIZING FIREFIGHTER THOMAS A. CROMER, CHESTERFIELD FIRE AND EMERGENCY MEDICAL SERVICES DEPARTMENT, UPON HIS RETIREMENT On motion of Mr. Miller, seconded by Mr. King, the Board adopted the following resolution: --,,' WHEREAS, Firefighter Thomas A. Cromer will the Fire and Emergency Medical Services Chesterfield County, on August 1, 2007; and retire from Department, WHEREAS, Firefighter Cromer attendled Recruit School #6 in 1976 and has faithfully served the county for thirty-one years in various assignments as a firefighter/truck operator at the Manchester, Ettrick, and Dutch Gap Fire and EMS Stationsi and as a firefighter/MPO at the River's Bend Fire and EMS Stationj and WHEREAS, Firefighter Cromer was selected to the distinguished position of Firefighter of the Year in 1982 and is recognized for his dedication and leadership as a certified mask repair technician, as well as a long-time member of the department's Technical Rescue Team; and WHEREAS, Firefighter Cromer was an effective team member at many calls for service, including key tactical positions at numerous fires and rescue incident:s, resulting in the -' successful mitigation of emergency events; and WHEREAS, Firefighter Cromer has been upheld as one of Chesterfield Fire and Emergency Services' most respected and esteemed firefighters. NOW, THEREFORE, BE IT RESOLVED t.hat the Chesterfield County Board of Supervisors recognizes the contributions of Firefighter Thomas A. Cromer, expresses the appreciation of 07-559 06/27/07 a.ll t"~sid~nts tot" his appreciation for his upon his retirement. s~t"vie~ dedicated to th~ service eounty, a.nd extend$! and congratulations Ayes: Miller, Humphrey, King, Sowder and Warren. Nays: None. a.D.2.d. RECOGNIZING LIEUTENANT JEFFREY E. KLING, POLICE DEPARTMENT, UPON HIS RETIREMENT On motion of Mr. Miller, seconded by Mr. King, the Board adopted the following resolution: WHEREAS, Lieutenant Jeffrey E. Kling will retire from the Chesterfield County Police Department on July 1, 2007 after providing 28 years of quality service to the citizens of Chesterfield CountYj and WHEREAS, Lieutenant Kling has faithfully served the county in the capacity of Patrol Officer, Crime Prevention Officer, Investigator, Sergeant, and Lieutenant; and WHEREAS, Lieutenant Kling graduated first in his class from the 5th Basic Academy; and WHEREAS, during his tenure, Field Training Officer, Field Breathalyzer Operatorj and Lieutenant Kling served as Evidence Technician, and - WHEREAS, Lieutenant Kling served as the Crime Prevention Officer responsible for the Neighborhood Watch program during which the number of watch organizations was increased from less than 100 to over 200j and WHEREAS, Lieutenant Kling has served as Shift Commander in the Uniform Operations Bureau and Unit Commander of the Crimes Against Property Unit and the Vice and Narcotics Unitj and WHEREAS, Lieutenant Kling served the Police Department as Acting Captain of the Criminal Investigations Divisionj and WHEREAS, Lieutenant Kling initiated the successful Community Policing approach to burglary investigationj and WHEREAS, while serving as a Sergeant, Lieutenant Kling received a Certificate of Commendation for his diligent efforts and teamwork that led to the arrest of eight burglars, which led to clearing over 23 felony cases and the recovery of personal property valued over $100,OOOj and WHEREAS, Lieutenant Kling served as the Task Force Group Supervisor for the Richmond District Office of the Drug Enforcement Administration Task Forcej and WHEREAS, Lieutenant Kling was commended for distinguishing himself in coordinating the surveillance and successful apprehension of an extremely dangerous suspect who was involved in the distribution of illegal drugs in Chesterfield County; and 07-560 06/27/07 WHEREAS, Lieutenant Kling was selected by Colonel J. E. Pittman, Jr., Chief of Police, as the first member of the Police Department to be fully trained in Total Quality Improvement; and WHEREAS, Lieutenant Kling served on the County Executive Steering Committee and guided the formation of the Police Department's Quality Councilj and WHEREAS, Lieutenant Kling has provided the Chesterfield County Police Department with many years of loyal and dedicated servicej and '- WHEREAS, Chesterfield County and the Board of Supervisors will miss Lieutenant Kling's diligent service. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes Lieutenant Jeffrey E. Kling, and extends on behalf of its members and the citizens of Chesterfield County their appreciation for his service to the county, their congratulations upon his retirement, and their best wishes for a long and happy retirement. Ayes: Miller, Humphrey, Kingr Sowder and Warren. Nays: None. a.D.2.e. RECOGNIZING COLONEL CARL R. BAKER, POLICE DEPARTMENT FOR ELEVEN YEARS OF SERVICE TO THE CITIZENS OF CHESTERFIELD COUNTY On motion of Mr. Miller, seconded by Mr. King, the Board adopted the following resolution: -- WHEREAS, Colonel Carl R. Baker, Chief of Police, has served the citizens of Chesterfield County for 11 years, and will retire on August 1, 2007; and WHEREAS, Colonel Baker has made an exceptionally positive impact on the operations of thl:! Chesterfield County Police Department during his tenure; and WHEREAS, Colonel Baker came to Chesterfield County in 1996, with an abundance of public safety experience after having served as Deputy Superintendent of the New York Sate Police, Director of the Bureau of Criminal Investigation of the Virginia State Police, Colonel and Superintendent of the Virginia Sate Police, and Deputy Secretary of Public Safety of Virginiaj and WHEREAS, Colonel Baker has brousrht the Chesterfield County Police Department into a new era of technology whereby the department is recognized as a leader in the use of state of the art equipment in policing such as Mobile Data Terminals in police vehicles, the use of GPS tracking systems, and utilization of digital voice recorders, digital body wire systems, crime analysis and other automated systems; and -' WHEREAS, under the leadership of Colonel Baker, the Police Department has expanded law enforcement services throughout t:he county with the addition of three district stations (North District, South District and Hull Street 07-561 06/27/07 District) throughout department enforcement partnerships communications and has established community policing offices the county, and this decentralization allows the to provide a more visible and accessible law presence and foster opportunities to promote between the police department, citizens, and businesses; and ,,- WHEREAS, Colonel Baker has promoted innovative recruitment efforts to attract and retain quality police officer applicants to the county, such as the Pre-Certified Law Enforcement Officer Program and the creation of a Career Development Program; and WHEREAS, Colonel Baker has been a leader in establishing a partnership with the community through the use of such programs as the Citizens Academy, Motorist Assistance Program, and the Law Enforcement Cadet Program; and WHEREAS, Colonel Baker has been a leader in formulating regional concepts in law enforcement through the promotion and participation in various regional, state and federal task forces; and WHEREAS, during Colonel Baker's tenure, the Chesterfield County Police Department has maintained both the lowest crime rate and cost per capita in the Richmond metropolitan area and has consistently remained above national average in clearance rates; and WHEREAS, Colonel Baker has been proactive in the research and use of various grant funds, resulting in the acquisition of personnel and equipment at a savings of hundreds of thousands of dollars of county funds; and WHEREAS, Colonel Baker has served on numerous law enforcement committees to include the National Institute of Justice Law Enforcement and Corrections Technology Advisory Council, where he served as Chairman; the Executive Board of the International Association of Chiefs of Police; Regional Representative of the Office of National Drug Control Policy Counterdrug Technology Assessment Center; the Terrorism Committee for the Police Executive Research Forum; and many other local and state committees; and WHEREAS, Chesterfield County and the Board of Supervisors will miss Colonel Baker's diligent service. NOW, THEREFORE I BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes Colonel Carl R. Baker, and extends on behalf of its members and the citizens of Chesterfield County, appreciation for his service to the county, congratulations upon his retirement, and best wishes for a long and happy retirement. Ayes: Miller, Humphrey, King, Sowder and Warren. Nays: None. a.D.2.f. RECOGNIZING CAREER DETECTIVE DAVID P. STEHLAR, POLICE DEPARTMENT, UPON HIS RETIREMENT On motion of Mr. Miller, seconded by Mr. King, the Board adopted the following resolution: 07-562 06/27/07 WHEREAS, Career Detective David P. Stehlar will retire from the Chesterfield County Police Department on July 1, 2007; and WHEREAS , Detective Stehlar has sE:rved the public for more than 25 years in a law enforcememt capacity and has provided over 19 years of quality service to the citizens of Chesterfield County; and WHEREAS, Detective Stehlar has faithfully served the county in the capacities of Patrol Officer, D.A.R.E. Officer, Instructor, Detective, Detective 1st Class, Senior Detective, Master Detective, and Career Detective; and -- WHEREAS, Detective Stehlar was commended for his determined investigative skills in the successful resolution of more than fifty burglaries in the Metro Richmond area; and WHEREAS, Detective Stehlar was given an Award of Commendation for his diligent work while serving as a member of the Fugi ti ve/Warrant Task Force; whereby, the number of warrants on file were reduced by 52 percent and the Task: Force members developed a "Most Wanted Persons" segment that was aired every two hours on cable television; and WHEREAS, Detective Stehlar has received numerous letters: of thanks and appreciation for the assistance rendered and the courteous and professional manner in which investigations: were handled; and WHEREAS, Detective Stehlar has provided the Chesterfield County Police Department with many years of loyal and dedicated servicej and -- WHEREAS, Chesterfield County and the Board of Supervisors will miss Detective Stehlar's diligent service. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes Career Detective David P. Stehlar, and extends on behalf of its members and the citizens of Chesterfield County, appreciation for his service to the county, congratulations upon his retirement, and best wishes for a long and happy retirement. Ayes: Miller, Humphrey, King, Sowder and Warren. Nays: None. a.D.2.g. RECOGNIZING MRS. BEVERLEY D. HOLMES, OFFICE OF THE COMMISSIONER OF THE REVENUE, UPON HER RETIREMENT On motion of Mr. Miller, seconded by Mr. King, the Board adopted the following resolution: -' WHEREAS, Office of the and Mrs. Beverley D. Commissioner of Holmes will retire the Revenue on July f rom the 1, 2007; WHEREAS, Mrs. Holmes began her public service with the County as a customer service representative in the Office of the Commissioner of the Revenue on August 4, 1988, and has 07-563 06/27/07 faithfully served Chesterfield County for almost nineteen yearsj and WHEREAS, through hard work and dedication, Mrs. Holmes progressed from the position of customer service representative to her current audit position; and WHEREAS, Mrs. Holmes demonstrated flexibility and service when working with externalj and grew with the county and the highest level of customer customers both internal and WHEREAS, Mrs. Holmes displayed a profoundly attitude toward all of her customers, often going out way to help those in need, and remaining available to her co-workers despite a heavy workloadj and caring of her assist WHEREAS, when dealing with irate or taxpayers, Mrs. Holmes was able to be assertive without being unfair or discourteous; and disgruntled as needed, WHEREAS, Mrs. Holmes was always knowledge in departmental processes, complicated steps to co-workersj and willing to regularly share her explaining WHEREAS, Mrs. Holmes' vast knowledge, years of experience, and tireless dedication to supporting and achieving the goals and objectives of the Office of the Commissioner of the Revenue have enabled her to make a significant contribution to the success of this office; and WHEREAS, more than anything else, Mrs. Holmes has been a loyal friend to many, never short on compliments, or even a joke or two, with a friendly and caring attitude that will be sorely missed at the county. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes the contributions of Mrs. Beverley D. Holmes to the citizens and administration of Chesterfield County, and extends appreciation for her commitment to the county, congratulations upon her retirement, and best wishes for a long and happy retirement. Ayes: Miller, Humphrey, King, Sowder and Warren. Nays: None. a.D.2.h. RECOGNIZING MR. JOSEPH E. BECK, JR., UTILITIES DEPARTMENT, UPON HIS RETIREMENT On motion of Mr. Miller, seconded by Mr. King, the Board adopted the following resolution: WHEREAS, Mr. Joseph E. Beck, Jr. will retire from the Chesterfield County Utilities Department on July 1, 2007j and WHEREAS, in his earlier career, Mr. Beck enjoyed a diverse background of professional and responsible positions, both in the private and public sectors, thus developing a broad-based and well-rounded portfolio of skills and management abilitiesj and 07-564 06/27/07 WHEREAS, Mr. Beck began his public service with Chesterfield County on December 5, 1983, as Assistant Director of Utilities where he has f,:lithfully served the department and the county for over twenty-three years; and WHEREAS, with his responsibilities related to providing adequate utility infrastructure to address the significant growth experienced by Chesterfield County during the 1980's, Mr. Beck applied vision and foresight in developing effective capi tal improvement processes, including the facilities: planning, engineering and construction of numerous, critical facilities that continue to serve the utility system to this day; and -- WHEREAS, Mr. Beck has been a tremendous leader and visionary with respect to data management, and with his foresight, has been instrumental in the evolution from antiquated paper systems to the department's current, state- of-the-art electronic data management systems; and WHEREAS, Mr. Beck has advocated the use of technology to more efficiently and effectively provide services, and as such, virtually all of the department's employees have benefited from the information systems installed under his direction; and WHEREAS, Mr. Beck has represented Chesterfield County in the greater public works community by serving in leadership roles of board member and director of the Maryland-DC- Virginia Chapter of the American Public Norks Association and received the Lifetime Membership recognition for his distinguished service to the association; and -- WHEREAS, Mr. Beck unselfishly gave talents by serving for over twenty years vice-chair and chair of the Chesterfield Credit Union to the benefit of its members, employees and their familiesj and of his time and as board member, Employees Federal county and school WHEREAS, Mr. Beck, through his lea.dership, vision and positive attitude, has played a vital role in the department as a productive member of the Utilities Management Team, and his presence will surely be missed. NOW 1 THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes Mr. Joseph E. Beck, Jr. and extends, on behalf of its members and the citizens of Chesterfield County, appreciation for over 23 years of exceptional service to the county, con~fratulations upon his retirement, and best wishes for a long and happy retirement. Ayes: Miller, Humphrey, King, Sowder and Warren. Nays: None. -" a . D . 2 . i . RECOGNI ZING DEPUTY BRENDA C. Hl~,RTMAN , SHERI FF' S OFFICE, UPON HER RETIREMENT On motion of Mr. Miller, seconded by Mr. King, the Board adopted the following resolution: 07-565 06/27/07 WHEREAS, Deputy Brenda C. Hartman began working for the Chesterfield County Sheriff's Office on December 10, 1984; and WHEREAS, Deputy Hartman has faithfully served at the Chesterfield County jail dealing with inmates entrusted to the Sheriff's care; and WHEREAS, while serving the citizens of Chesterfield County for more than 22 years, Deputy Hartman has provided quality service and personified the true spirit of the Chesterfield County Sheriff's Office; and WHEREAS, Deputy Hartman has served in several units and divisions during her tenure with the Sheriff's Office, including the Correctional Services Bureau, the Quartermaster Unit, and the Courts Division; and WHEREAS, Deputy Hartman has received numerous letters of appreciation and letters of commendation during her years of service; and WHEREAS, Deputy Hartman's knowledge and experience were invaluable during the transition to the new correctional facility which opened in 2006. NOW, THERFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes the contributions of Deputy Brenda C. Hartman, expresses the appreciation of all citizens for her service to Chesterfield County, extends appreciation for her service to the county and congratulations upon her retirement, as well as best wishes for a long and happy retirement. Ayes: Miller, Humphrey, King, Sowder and Warren. Nays: None. a.D.2.j. RECOGNIZING LIEUTENANT FRANK M. SPENCE, JR., SHERIFF'S OFFICE, UPON HIS RETIREMENT On motion of Mr. Miller, seconded by Mr. King, the Board adopted the following resolution: WHEREAS, Lieutenant Frank M. Spence, Jr. has faithfully served the citizens of Chesterfield County since June 3, 1991 as a distinct member of the Sheriff's Office; and WHEREAS, Lieutenant Spence served as a member of the weapon project action team and assisted with the Sheriff's Office transition to the Glock 22; and WHEREAS, Lieutenant Spence commanded the Sheriff's Office Special Operations Response Team from 1992 thru 1998. WHEREAS, Lieutenant Spence received the Sheriff's Office Unit Citation Award for his role in the transition of operations into the new jail in 2006. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes the outstanding contributions of Lieutenant Frank M. Spence, Jr., expresses the appreciation of all residents for his service to 07-566 06/27/07 Chesterfield County, extends appreciation for his service to the county and congratulations retirement, as well as best wishes for a long retirement. dedicated upon his and happy Ayes: Miller, Humphrey, King, Sowder and Warren. Nays: None. a . D . 2 . k. RECOGNI ZING DEPUTY VI CKY B. TH~iEA TT, SHERI FF' S OFFICE, UPON HER RETIREMENT -' On motion of Mr. Miller, seconded by Mr. King, the Board adopted the following resolution: WHEREAS, Deputy Vickie Thweatt has faithfully served the citizens of Chesterfield County for over 20 years; and WHEREAS, Deputy Thweatt first started her career in Law Enforcement June 1, 1987 as an Animal Control Officer with the Chesterfield County Police Department; and WHEREAS, Deputy Thweatt transferred to the Chesterfield County Sheriff's Office April 30, 1990, where she has provided quality service and symbolized the true spirit of' the Sheriff's Office; and WHEREAS, Deputy Thweatt's entire Sheriff's Office career has been with the Court Services Division, where she continuously developed excellent relationships with various Judges, the Clerk's Office, attorneys and citizens; and -~ WHEREAS, Deputy Thweatt's loving personality and commitment to her fellow co-workers will be strongly missed. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes the outstandin~r contributions of Deputy Vickie ThwE~att, expresses the appreciation of all residents for her service to Chesterfield County, and extends appreciation for her dedicated service to the county and congratulations upon her retirement, as well as best wishes for a long and happy retirement. Ayes: Miller, Humphrey, King, Sowder and Warren. Nays: None. a.D.2.1. RECOGNIZING DR. BETTY HUNTER-CI~PP ON THE OCCASION OF HER aoTH BIRTHDAY On motion of Mr. Miller, seconded by Mr. King, the Board adopted the following resolution: WHEREAS, Dr. Betty Hunter-Clapp is an outstanding ~. citizen of Chesterfield County who has touched the lives of many residents; and WHEREAS, as a result of her desire to ensure safe drinking water for county residents, Dr. Hunter-Clapp co- founded and is the current co-chairman of Hands-Across-the- Lake, an organization which works diligently to promote protection of the Swift Creek Reservoir; and 07-567 06/27/07 WHEREAS, Dr. Hunter-Clapp enjoys a positive relationship with the Board of Supervisors and county staff and has been instrumental in shaping the county's environmental ordinances and policiesj and WHEREAS, Dr. Hunter-Clapp has spent many tireless evenings at Board of Supervisors and Planning Commission meetings, patiently waiting to provide valuable input regarding environmental concerns and land use issues; and WHEREAS, Dr. Hunter-Clapp has served on the 360 Corridor Committee and is a member of the Brandermill Community Association, where she currently serves on the Environmental Committee; and WHEREAS, Dr. Hunter-Clapp is an active member of The Brandermill Church, having served on the Church Council and as a teacher in both Sunday School and adult education programs; and WHEREAS, the "Caring for Creation" Brandermill Church evolved from Dr. involvement with Hands-Across-the-Lake; and ministry at The Hunter-Clapp's WHEREAS, Dr. Hunter-Clapp is a wonderful Corr Village, having served as a valuable Chesterfield County Health Center Commission until June 2003; and friend to member of from July Lucy the 1999 WHEREAS, as a member of the Lucy Corr Foundation Arts Committee, Dr. Hunter-Clapp provided many hours of research into the joy that visual arts brings to others and was instrumental in organizing an open house in March 2007 to thank local artists for their contributions and exhibits over the years and to unveil the rendering for a wellness garden; and WHEREAS, Dr. Hunter-Clapp has been described as a "woman of vision" as the driving force behind acquiring grants for Lucy Corr's wellness garden; and WHEREAS, Dr. Hunter- Clapp will soon be celebrating her 80th birthday, an important milestone in the life of this special lady who continues to contribute significantly to the quality of life of the residents of Chesterfield County. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes the outstanding contributions of Dr. Betty Hunter-Clapp, is proud to have her as a resident of Chesterfield County, and on the occasion of her soth birthday, extends to her congratulations and best wishes for many more years of health, happiness and fulfillment. Ayes: Miller, Humphrey, King1 Sowder and Warren. Nays: None. 07-568 06/27/07 a.D.2.m. AUTHORIZING PROVISION OF FINANCIAL INFORMATION AND EXECUTION OF CLOSING DOCUMENTS RELATING TO ISSUANCE OF APPROXIMATELY $a5, 000, 000 IJ~J REVENUE BONDS AND NOTES FOR THE EXPANSION OF THE RIVERSIDE REGIONAL JAIL On motion of Mr. Miller, seconded by Mr. King, the Board adopted the following resolution: RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF CHESTERFIELD, VIRGINIA, REGARDING BONDS TO BE ISSUED BY THE RIVERSIDE REGIONAL JAIL AUTHORITY ~ The County of Chesterfield, Virginia (the "Locality"), is a member of the Riverside Regional Jail Authority (the "Authority"), a political subdivision duly organized and existing under Chapter 726 of the l~,cts of Assembly of Virginia of 1990. The ,Authority owns .::md operates regional jail facilities (the "Facility") located in the County of: Prince George, Virginia. The Authority has deemed it to be desirable to finance certain improvements to expand the Facility to accommodate more prisoners and related financing costs by the issuance of its Jail Facility Revenue Bonds, Serit:!s 2007 (the "Series 2007 Bonds") and its Jail Facility Revenue Notes, Series 2007 (the "Series 2007 Notes" and, together with the Series 2007 Bonds, the "Bonds") Rule 15c2-12 (the "Rule"), as promulgated by the Securities and Exchange Commission under the Securities Exchange Act of 1934, as amended, requires the underwriters for publicly-sold obligations, such as the Bonds, to obtain written undertakings from certain obliqated persons, within the meaning of the Rule, to provide certain financial data and information to certain entities from time-to-time. -' The Locality, in its role as a member jurisdiction of the Authority, is an obligated person for the purposes of the Rule and, therefore, has been asked to enter into an agreement to provide the financial data and information required by the Rule. Such an agreement will be in a form similar to the draft of the Continuing Disclosure Agreement (the "Continuing Disclosure Agreement") presented to this meeting of the Board of Supervisors of the County of Chesterfield, Virginia (the "Governing Body"). Further, as a member of the Authority, the Locality will be asked to provide certain information, including its audited financial statements, to the Authority for inclusion in an offerin9 document to be circulated to investors in connection with the offering and issuance of the Bonds (the "Preliminary Official Statement") . The Governing Body is willing to enter into Continuing Disclosure Agreement and to provide information for the Preliminary Official Statement. the the -' NOW, THEREFORE, be it resol ved by the Board of Supervisors of the County of Chesterfield, Virginia: 1. Authorization of Continuing Disclosure Agreement. The Continuing Disclosure Agreement, in substantially the form provided to the Governing Body, is approved. The listing of information to be provided by the Locality 07-569 06/27/07 annually will be set forth in the Continuing Disclosure A~:reemer'1t, as indicated by gection 2 (a) (ii) in the form of the Continuing Disclosure Agreement provided to the Governing Body. The information to be provided pursuant to Section 2(a) (ii) will be of the same type included in the Locality's appendix attached to the Official Statement dated April 23, 2003, used in connection with the offering of the Authority's Jail Facility Revenue Bonds, Series 2003. The Chairman and Vice Chairman of the Governing Body and the County Administrator (the "Authorized Officers") 1 any of whom may act, are each authorized to execute and deliver the Continuing Disclosure Agreement to the underwriters of the Bonds with such changes, insertions or omissions (including the insertion of the information required to be updated annually, as described in the prior paragraph) as may be approved by any of them, whose approval will be evidenced conclusively by the execution and delivery thereof. The Clerk of the Governing Body is further authorized to affix and attest the seal of the Locality to the Continuing Disclosure Agreement, should that be requested by another party. 2. Authorization of Information for Preliminary Official Statement and Official Statement. The Authorized Officers are each authorized and directed to work with the Authority to provide information with respect to the Locality, including its audited financial statements, that will be appropriate for inclusion in the Preliminary Official Statement. The information to be provided shall be of the same type included in the Locality's appendix to the Official Statement dated April 23, 2003, used in connection with the offering of the Authority's Jail Facility Revenue Bonds, Series 2003. The Authorized Officers are each authorized and directed to provide information with respect to the Locality, including its audited financial statements, for inclusion in the final Official Statement with respect to the Bonds, which information will be substantially similar to the information in its respective appendix to the Preliminary Official Statement, with revisions necessary since the date of the Preliminary Official Statement and such related matters as may be necessary or appropriate to incorporate therein. The underwriters of the Bonds are authorized to include the information provided by the Locality in accordance with this Section, including the Locality's audited financial statements, in the Preliminary Official Statement and Official Statement distributed in connection with the offering and issuance of the Bonds. 3. Approval of Other Instruments. The Authorized Officers are each authorized and directed to execute and deliver on behalf of the Locality, and, if requested by another party, they are authorized to affix and attest the seal of the Locality, to such other instruments, documents or certificates, and to do and perform such things and acts, as they deem necessary or appropriate to carry out the transactions authorized by this Resolution or contemplated by the Bonds or the Continuing Disclosure Agreement. All of the foregoing, previously done or performed by such officers of the Locality, are in all respects approved, ratified and confirmed. 07-570 06/27/07 4. Effective Date. This Resolution shall take effect immediately upon its adoption. Ayes: Miller, Humphrey, King, Sowder and Warren. Nays: None. a.D.3. AWARD A CONTRACT TO MOSELEY ARCHITECTS FOR THE DESIGN OF THE SMITH WAGNER BUILDING RENOVATIONS AND ADDITIONS ~ On motion of Mr. Miller, seconded by Mr. King, the Board authorized the County Administrator to execute a contract with Moseley Architects for the design of the renovations and additions of the Smith Wagner Buildin~r, in the amount of $1,780,630. Ayes: Miller, Humphrey, King, Sowder and Warren. Nays: None. a.D.4. SET DATES FOR PUBLIC HEARINGS a . D. 4 . a. TO CONSIDER THE PROPOSED NORTH]!:RN COURTHOUSE ROAD COMMUNITY PLAN AMENDMENT On motion of Mr. Miller, seconded by Mr. King, the Board set the date of July 25, 2007 at 6:30 p.m. for a public hearin~f for the Board to consider an amendment to the Northern Courthouse Road Community Plan. Ayes: Miller, Humphrey, King, Sowder and Warren. Nays: None. -,> a.D.4.b. TO CONSIDER THE FY2008 SECONDARY ROAD IMPROVEMENT BUDGET On motion of Mr. Miller, seconded by Mr. King, the Board set the date of July 25, 2007 at 6:30 p.m. for a public hearing for the Board to consider the Virginia Department of Transportation's FY2008 Secondary Road Improvement Budget for Chesterfield County. Ayes: Miller, Humphrey, King, Sowder and Warren. Nays: None. a.D.4.c. TO CONSIDER AN ORDINANCE TO ESTABLISH THE "KNOLLWOOD DRIVE WATER ASSESSMENT DISTRICT" On motion of Mr. Miller, seconded by Mr. King, the Board set the date of July 25, 2007 at 6:30 p.m. for a public hearing for the Board to consider an ordinance to establish the "Knollwood Drive Water Assessment District." -- Ayes: Miller, Humphrey, King, Sowder and Warren. Nays: None. 07-571 06/27/07 a.D.6. REQUESTS FOR MUSIC/ENTERTAINMENT FESTIVAL PERMITS a.D.6.a. FROM THE CHESTERFIELD COUNTY FAIR ASSOCIATION On motion of Mr. Miller, seconded by Mr. King, the Board approved a request from the Chesterfield County Fair Association for a music/entertainment festival permit for the annual Chesterfield County Fair, subject to compliance with staff recommendations. Ayes: Miller, Humphrey, King, Sowder and Warren. Nays: None. 8.D.6.b. FOR CHESTERFIELD BERRY FARM'S ENTERTAINMENT FESTIVALS ON SATURDAYS AND SUNDAYS JUNE 30 THROUGH JULY 29, 2007 On motion of Mr. Miller, seconded by Mr. King, the Board approved a request for a music/entertainment festival permit for Chesterfield Berry Farm's Music Festivals on Saturdays and Sundays, June 30 through July 29, 2007. Ayes: Miller, Humphrey, King, Sowder and Warren. Nays: None. a.D.6.c. FROM THE CHESTERFIELD COUNTY CHAMBER OF COMMERCE CELEBRATION OF THE VINE WINE FESTIVAL TO BE HELD JULY 2a, 2007 On motion of Mr. Miller, seconded by Mr. King, the Board approved a request from the Chesterfield County Chamber of Commerce for a music/entertainment festival permit for the Chamber's Celebration of the Vine wine festival to be held on July 28, 2007. Ayes: Miller, Humphrey, King, Sowder and Warren. Nays: None. a.D.7. STATE ROAD ACCEPTANCE On motion of Mr. Miller, seconded by Mr. King, the Board adopted the following resolution: WHEREAS, the streets described below are shown on plats recorded in the Clerk's Office of the Circuit Court of Chesterfield County; and WHEREAS, the Resident Engineer for Department of Transportation has advised streets meet the requirements established by Street Requirements of the Virginia Transportation. the Virginia this Board the the Subdivision Department of NOW, THEREFORE, BE IT RESOLVED, that this Board requests the Virginia Department of Transportation to add the streets described below to the secondary system of state highways, pursuant to Section 33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements. 07-572 06/27/07 AND, BE IT FURTHER RESOLVED, that a clear and unrestricted right-of-way, necessary easements for cuts, fills and this Board guarantees a.s described, and any drainage. AND, BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. Project: Stockleigh, Section 2 Tvee Chanae to the Secondary System of State Addition .- Reason for Change: New subdivision street Pursuant to Code of Virginia Statute: ~33.1-229 Street Name and/or Route . Stockleigh Drive, State Route Number 7199 From: Longmeadow Cr., (Rt 5131) To: Stockleigh Ln., (Rt 7200), a distance of: 0,07 miles, Recordation Reference: pb 153 pg 77 Right of Way width (feet) = 50 . Stockleigh Lane, State Route Number 7200 From: Stockleigh Dr., (Rt 7199) To: Temp EOM, a distance of: 0.10 miles. Recordation Reference: pb 153 pg 77 Right of Way width (feet) = 30 . Stockleigh Drive, State Route Number 7199 From: Stockleigh Ln.. (Rt. 7200) ----" To: Cul-de-sac, a distance of: 0.14 miles. Recordation Reference: pb 153 pg 77 Right of Way width (feet) = 50 And, further, the Board adopted the following resolution: WHEREAS, the streets described below are shown on plats recorded in the Clerk's Office of the Circuit Court of Chesterfield County; and WHEREAS, the Resident Engineer for Department of Transportation has advised streets meet the requirements established by Street Requirements of the Virginia Transportation. the Virginia this Board the the Subdivision Department of NOW, THEREFORE, BE IT RESOLVED, that this Board requests the Virginia Department of Transportation to add the streets described below to the secondary system of state highways, pursuant to Section 33.1-229, Code of Virginia, and thE! Department's Subdivision Street Requirements. -- AND, BE IT FURTHER RESOLVED, that 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. 07-573 06/27/07 Project: Kingsland Glen, Section 3 Tvpe Chanae to the Secondary System of State Addition Reason for Change: New subdivision street Pursuant to Code of Virginia Statute: ~33.1-229 Street Name andlor Route · Shannon County Drive, State Route Number 7194 From: Kingsland Glen Dr., (Rt. 5445) - To: Manassas Dr" (Rt. 7195), a distance of: 0,09 miles, Recordation Reference: pb 154 pg 44 . Manassas Drive, State Route Number 7195 From: Shannon County Dr., (Rt. 7194) To: Manassas Tr., (Rt. 7196), a distance of: 0.03 miles. Recordation Reference: pb 154 pg 44 . Manassas Terrace, State Route Number 7196 From: Manassas Dr., (Rt. 7195) To: Cul-de-sac, a distance of: 0.04 miles. Recordation Reference: pb 154 pg 44 . Manassas Drive, State Route Number 7195 From: Manassas Tr., (Rt. 7196) To: Cul-de-sac, a distance of: 0.12 miles, Recordation Reference: pb 154 pg 44 . Manassas Drive, State Route Number 7195 From: Shannon County Dr., (Rt. 7194) To: Manassas Ct., (Rt. 7197), a distance of: 0.03 miles, Recordation Reference: pb 154 pg 44 . Manassas Court, State Route Num ber 7197 From: Manassas Dr., (Rt. 7195) To: Cul-de-sac, a distance of: 0.04 miles. Recordation Reference: pb 154 pg 44 . Manassas Drive, State Route Number 7195 From: Manassas Ct., (Rt. 7197) To: Cul-de-sac, a distance of: 0.07 miles. Recordation Reference: pb 154 pg 44 And, further, the Board adopted the following resolution: WHEREAS, the streets described below are shown on plats recorded in the Clerk's Office of the Circuit Court of Chesterfield County; and - WHEREAS, the Resident Engineer for Department of Transportation has advised streets meet the requirements established by Street Requirements of the Virginia Transportation. the Virginia this Board the the Subdivision Department of NOW, THEREFORE, BE the Virginia Department described below to the IT RESOLVED, that this Board requests of Transportation to add the streets secondary system of state highways, 07-574 06/27/07 pursuant to Section 33.1-229, Code of~ Virginia, and the Department' s Subdivision Street RequiremE:.nts. AND, BE IT FURTHER RESOLVED, that this Board guarantees a clear and unrestricted right-of-way, as described, and any necessary easements for cuts, fills and drainage. AND, BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. -' Project: Rockwood Terrace Type Chanae to the Secondary System of State Addition Reason for Change: New subdivision street Pursuant to Code of Virginia S33.1-229 Street Name and/or Route . Dylan Drive, State Route Number 7143 From: Price Club BI., (Rt. 906) To: 0.05 mi, E of Price Club BI., (Rt. 906), a distance of: 0.05 miles, Recordation Reference: pb 146 pg 24 Right of Way width (feet) = 50 . Dylan Drive, State Route Number 7143 From: 0.05 mi. E of Price Club BI., (Rt. 906) To: Cul-de-sac, a distance of: 0,09 miles. Recordation Reference: pb 146 pg 24 Right of Way width (feet)::: 50 And, further " the Board adopted the following resolution: - WHEREAS, the streets described below are shown on plats recorded in the Clerk's Office of the Circuit Court of Chesterfield CountYj and WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised this Board the streets meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation. NOW, THEREFORE, BE IT RESOLVED, that this Board requests the Virginia Department of Transportation to add the streets described below to the secondary system of state highways, pursuant to Section 33.1-229, Code o:~: Virginia, and the Department' s Subdivision Street RequiremE~mts. AND 1 BE IT FURTHER RESOLVED, that a clear and unrestricted right-of-way, necessary easements for cuts, fills and this Board guarantees as described, and any drainage. AND, BE IT FURTHER RESOLVED, that a certified copy of ..-/ this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. Project: Chesdin Shores, Section 4 Type Chanae to the Sec:ondary Svstem of State Addition Reason for Change: Pursuant to Code of Virginia New subdivision street S33.1-229 07-575 06/27/07 Street Name and/or Route . Chesdin Shores Drive, State Route Number 5487 From: 0,11 mi. W of Chesdin Shores PI., (Rt. 5489) To: River Otter Rd., (Rt. 7201), a distance of: 0.24 miles, Recordation Reference: pb 148 pg 42 Right of Way width (feet) = 50 . Chesdin Shores Drive, State Route Number 5487 From: River Otter Rd., (Rt. 7201) To: Chesdin Green Wy., (Rt. 4496), a distance of: 0,20 miles, Recordation Reference: pb 148 pg 42 Right of Way width (feet) = 50 . Chesdin Shores Drive, State Route Number 5487 From: Chesdin Green Wy" (Rt. 4496) To: Temp EOM, a distance of: 0,01 miles, Recordation Reference: pb 148 pg 42 Right of Way width (feet) = 50 . River Otter Road, State Route Number 7201 From: Chesdin Shores Dr., (Rt. 5487) To: Chesdin Green Wy., (Rt. 4496), a distance of: 0.43 miles. Recordation Reference: pb 148 pg 42 Right of Way width (feet) = 50 . Chesdin Green Way, State Route Number 4496 From: Chesdin Shores Dr., (Rt. 5487) To: Marsh Elder Ct., (Rt. 7203), a distance of: 0.25 miles. Recordation Reference: pb 148 pg 42 Right of Way width (feet) = 50 Marsh Elder Court, State Route Number 7203 From: Chesdin Green Wy" (Rt 4496) To: Cul-de-sac, a distance of: 0.16 miles. Recordation Reference: pb 148 pg 42 Right of Way width (feet) = 50 . Chesdin Green Way, State Route Number 4496 From: Marsh Elder Ct., (Rt. 7203) To: River Otter Ct., (Rt. 7202), a distance of: 0.16 miles, Recordation Reference: pb 148 pg 42 Right of Way width (feet) = 50 ~ . River Otter Court, State Route Number 7202 From: Chesdin Green Wy., (Rt 4496) To: Cul-de-sac, a distance of: 0,20 miles, Recordation Reference: pb 148 pg 42 Right of Way width (feet) = 50 . Chesdin Green Way, State Route Number 4496 From: River Otter Ct., (Rt. 7202) To: 0.13 mi. S of River Otter Ct., (Rt. 7202), a distance of: 0.13 miles. 07 - 57 6 06/27/07 ~~ .. Recordation Reference: pb 148 pg 42 Right of Way width (feet) = 50 And, further, the Board adopted the following resolution: WHEREAS, the streets described below are shown on plats recorded in the Clerk's Office of the Circuit Court of Chesterfield CountYj 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 o!: Virginia, and the Department's Subdivision Street Requireffit~mts. AND, BE IT FURTHER RESOLVED, that a clear and unrestricted right-of-way, necessary easements for cuts, fills and this Board guarantees as described, and any drainage. AND, BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. Project: Ashington at Stonehenge TYDe ChanQe to the Secondary System of State Addition Reason for Change: New subdivision street - Pursuant to Code of Virginia ~33.1-229 Street Name and/or Route . Ashington Way, State Route Number 7188 From: Farnham Dr., (Rt 2561) To: Ashington PI., (Rt 7189), a distance of: 0.10 miles, Recordation Reference: lOb 151 pg 46 Right of Way width (feet) = 40 . Ashington Place, State Route Number 7189 From: Farnham Dr., (Rt 2561) To: Ashington Wy,. (Rt 7188), a distance of: 0,03 miles. Recordation Reference: pb 151 pg 46 Right of Way width (feet) = 40 . Ashington Place, State Route Number 7189 From: Ashington Wy" (Rt 7188) To: Cul-de-sac, a distance of: 0,04 miles, - Recordation Reference: lOb 151 pg 46 Right of Way width (feet) = 40 Ayes: Miller, Humphrey, King, Sowder and Warren. Nays: None. 07-577 06/27/07 a.D.a. APPROVAL OF AGREEMENT WITH LIFESPRING COMMUNITY DEVELOPMENT CORPORATION TO PLACE SKATEBOARDING EQUIPMENT AT THE XZONE SKATE PARK LOCATED AT 6aS1 COURTHOUSE ROAD On motion of Mr. Miller, seconded by Mr. King, the Board approved an agreement with Lifespring Community Development Corporation to place skateboarding equipment at the XZone Skate Park located at 6851 Courthouse Road. (It is noted a copy of the agreement is filed with the papers of this Board. ) Ayes: Miller, Humphrey, King, Sowder and Warren. Nays: None. a.D.9. APPROVAL OF AGREEMENT TO RE-CONVEY 0.62a ACRES OF LAND OR A PART THEREOF LOCATED AT WOOLRIDGE ROAD AND WATERMILL PARKWAY TO RESERVOIR LAND ASSOCIATES OR ITS SUCCESSORS IN INTEREST On motion of Mr. Miller, seconded by Mr. King, the Board approved an agreement in a form approved by the County Attorney to re-convey at some time in the future up to 0.628 acres of land or a part thereof located at Woolridge Road and Watermill Parkway to Reservoir Land Associates or its successors in interest. (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. a.D.10. REQUESTS TO QUITCLAIM a.D.10.a. PORTIONS OF A FIFTY-FOOT SEWER AND WATER EASEMENT ACROSS THE PROPERTY OF CRESCENT PARK CONGREGATION OF JEHOVAH'S WITNESSES On motion of Mr. Miller, seconded by Mr. King, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute a quitclaim deed to vacate portions of a 50-foot sewer and water easement across the property of Crescent Park Congregation of Jehovah's Witnesses. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Miller, Humphrey, King1 Sowder and Warren. Nays: None. 8.D.10.b. A TWENTY-FOOT SEWER EASEMENT ACROSS THE PROPERTY OF TASCON-IRONBRIDGE, L.L.C. On motion of Mr. Miller, seconded by Mr. King, the Board authorized the Chairman of the Board of supervisors and the County Administrator to execute a quitclaim deed to vacate a 20-foot sewer easement across the property of Tascon- Ironbridge, L.L.C. (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. 07-578 06/27/07 a.D.1l. REQUESTS FOR PERMISSION a.D.11.b. FROM WILLIAM T. HENDERSON FOR AN EXCEPTION TO THE USE OF PUBLIC WATER FOR A PROPOSED RESIDENTIAL STRUCTURE LOCATED ON ALLIED ROAD ~ .- On motion of Mr. Miller, seconded by Mr. King, the Board approved a request from William T. Henderson for permission for an exception to the use of public wastewater for a proposed residential structure located at 13741 Allied Road. (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. a.D.11.c. FROM C. WALTER COOK TO INSTALL A PRIVATE SEWER SERVICE WITHIN A PRIVATE EASEMENT TO SERVE PROPOSED LOT 2, COOK ESTATES On motion of Mr. Miller, seconded by Mr. King, the Board approved a request from Walter C. Cook for permission to install a private sewer service within a private easement to serve Proposed Lot 2, Cook Estates, 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. ~ a.D.1l.d. FROM LUDWELL AND TRINA LEE FOR AN EXISTING FENCE TO ENCROACH WITHIN AN EIGHT-F'OOT EASEMENT AND A TEN-FOOT COMMON AREA EASEMENT' ACROSS LOT 15, TANNER VILLAGE, SECTION B AT CHARTER COLONY On motion of Mr. Miller, seconded by Mr. King, the Board approved a request from Ludwell Lee and Trina Lee for permission for an existing fence to encroach within an 8-foot easement and a 10-foot common area easement across Lot 15, Tanner Village, Section B at Charter Colony, subj ect 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. a.D.11.e. FROM JOHN MCMAHON AND MARIA D. ARCHULETA-MCMAHON FOR A PROPOSED PICKET FENCE '1'0 ENCROACH WITHIN AN EIGHT-FOOT EASEMENT, AN EIGHT-FOOT DRAINAGE EASEMENT, AND A SIXTEEN-FOOT DRAINAGE EASEMENT ACROSS LOT a, ARMISTEAD VILL1\.GE, SECTION B AT CHARTER COLONY ---'" On motion of Mr. Miller, seconded by Mr. King, the Board approved a request from John McMahon and Maria D. Archuleta- McMahon for permission for a propm3ed picket fence to encroach within an 8-foot easement, an S-foot drainage easement, and a 16-foot drainage easement across Lot S, Armistead Village, Section B at ChartE~r Colony, subj ect to 07-579 06/27/07 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. a.D.11.f. FROM MIDLOTHIAN TENNIS, LLC. TO INSTALL A PRIVATE SEWER SERVICE WITHIN A PRIVATE EASEMENT TO SERVE PROPERTY ON BRANDERMILL PARKWAY On motion of Mr. Miller, seconded by Mr. King, the Board approved a request from Midlothian Tennis 1 LLC. for permission to install a private sewer service within a private easement to serve property at 3650 Brandermill Parkway, 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. a.D.11.g. FROM LAYTON J. JOHNSON, JR. TO FILL A PORTION OF A FORTY-FOOT UNIMPROVED COUNTY RIGHT OF WAY KNOWN AS OBSERVATION AVENUE On motion of Mr. Miller, seconded by Mr. King, the Board approved a request from Layton J. Johnson, Jr. for permission to fill a portion of a 40-foot unimproved county right of way known as Observation Avenue, subj ect to the execution of a license agreement. (It is noted a copy of the plat is filed with the vicinity sketch of this Board.) Ayes: Miller, Humphrey, King, Sowder and Warren. Nays: None. 8.D.12. ACCEPTANCE OF PARCELS OF LAND a.D.12.a. ALONG THE WEST RIGHT OF WAY LINE OF WINTERPOCK ROAD AND THE EAST RIGHT OF WAY LINE OF ASHLAKE PARKWAY FROM EDCO, L.L.C. On motion of Mr. Miller, seconded by Mr. King, the Board accepted the conveyance of three parcels of land containing a total of 0.086 acres along the west right of way line of Winterpock Road (State Route 621) and the east right of way line of Ashlake Parkway (State Route 4200) from EDCO, L.L.C., and authorized the County Administrator to execute the deed. (It is noted copies of the plats are filed with the papers of this Board.) Ayes: Miller, Humphrey, King, Sowder and Warren. Nays: None. a.D.12.b. ALONG THE WEST RIGHT OF WAY LINE OF OTTERDALE ROAD FROM WESTERLEIGH, LLC On motion of Mr. Miller, seconded by Mr. King, the Board accepted the conveyance of two parcels of land containing a total of 2.325 acres along the west right of way line of 07-580 06/27/07 Otterdale Road (State Route 667) from Westerleigh, LLC, and authorized the County Administrator to execute the deed. (I't 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. D. 12 . c. FOR THE EXTENSION OF ANCHOR I.ANDING DRIVE FROM MEADOWVILLE, LLC '-' On motion of Mr. Miller, seconded by Mr. King, the Board accepted the conveyance of a parcel of land containing 1.07 acres from Meadowville, LLC for the extension of Anchor Landing Drive, 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. a . D. 12 . d. ALONG THE EAST RIGHT OF WAY ]~INE OF NASH ROAD FROM THE NASH ROAD/WOODPECKER ROAI~, L.L.C. On motion of Mr. Miller, seconded by Mr. King, the Board accepted the conveyance of two parcels of land containing a total of 0.36 acres along the east right of way line of Nash Road (State Route 636) from The Nash Road/Woodpecker Road, L. L. C., and authorized the County Administrator to execute the deed. (It is noted a copy of the plat is filed with the papers of this Board.) .-/ Ayes: Miller, Humphrey, King, Sowder and Warren. Nays: None. a.D.12.e. ALONG LAKEVIEW ROAD FROM THE TRUSTEES OF SWIFT CREEK BAPTIST CHURCH On motion of Mr. Miller, seconded by Mr. King, the Board accepted the conveyance of a parcel of land containing 0.15 acres along Lakeview Road (State Route 626) from the Trustees of Swift Creek Baptist Church, and authorized the County Administrator to execute the deed. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Miller, Humphrey, King, Sowder and Warren. Nays: None. a.D.12.f. FOR BLOSSOM POINT ROAD, MAGNOLIA SHORE LANE AND MAGNOLIA BLUFF COURT FROM TA:3CON-IRONBRIDGE, L.L.C. "...-" On motion of Mr. Miller, seconded by Mr. King, the Board accepted the conveyance of a parcel of land containing 3.429 acres from Tascon-Ironbridge, L.L.C. for Blossom Point Road, Magnolia Shore Lane and Magnolia Bluff Court, 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 an<:l Warren. Nays: None. 07-581 n~ /?7 /n7 a.D.13. AUTHORIZATION FOR IRONBRIDGE LAND COMPANY TO APPLY FOR REZONING OF COUNTY PROPERTY LOCATED AT THE INTERSECTION OF IRONBRIDGE ROAD AND COURTHOUSE ROAD On motion of Mr. Miller, seconded by Mr. King, the Board authorized Ironbridge Land Company to apply for rezoning of county property located at the intersection of Ironbridge Road and Courthouse Road. Ayes: Miller, Humphrey, King, Sowder and Warren. Nays: None. 8.D.14. TRANSFER OF FUNDS FROM THE RESERVE FOR CAPITAL PROJECTS FUND TO PARKS AND RECREATION FOR CONSTRUCTION OF RESTROOMS AND CONCESSION STANDS AT PROVIDENCE, SALEM AND MANCHESTER MIDDLE SCHOOLS AND AWARD OF THREE CONSTRUCTION CONTRACTS FOR RESTROOMS AND CONCESSION STANDS AT PROVIDENCE, SALEM AND MANCHESTER MIDDLE SCHOOLS On motion of Mr. Miller, seconded by Mr. King, the Board transferred $358,000 from the Reserve for Capital Projects to the Parks and Recreation Parks Improvements account and awarded construction contracts as follows: Providence and Salem Middle Schools restroom, Colony Construction, Incorporated, in an amount not to exceed $265,OOOj Providence and Salem Middle Schools site work/utilities for restrooms and concessions, Early Sunrise Construction Company, in the amount of $143,OOOj and Manchester Middle School field house renovation, Commonwealth Construction of Virginia, in the amount of $290,000. Ayes: Miller, Humphrey, King, Sowder and Warren. Nays: None. a.D.15. TRANSFER OF DISTRICT IMPROVEMENT FUNDS a.D.15.b. FROM THE MATOACA DISTRICT IMPROVEMENT FUNDS TO THE CHESTERFIELD COUNTY HISTORICAL SOCIETY TO PURCHASE AND INSTALL COMPUTER EQUIPMENT FOR THE HISTORICAL SOCIETY On motion of Mr. Miller, seconded by Mr. King, the Board transferred $13,800 from the Matoaca District Improvement Fund to the Chesterfield County Historical Society to purchase and install computer equipment for the Historical Society. Ayes: Miller, Humphrey, King, Sowder and Warren. Nays: None. S.D.15.c. FROM THE MIDLOTHIAN, MATOACA, DALE, BERMUDA AND CLOVER HILL DISTRICT IMPROVEMENT FUNDS TO THE FIRE DEPARTMENT TO DEFRAY THE COSTS OF CADET SAFETY CAMP On motion of Mr. Miller, seconded by Mr. King, the Board transferred $1,000 each from the Midlothian, Matoaca, Dale, Bermuda and Clover Hill District Improvement Funds (total of 07-582 06/27/07 $5,000) to the Fire Department to defray the costs of Cadet Safety Camp. Ayes: Miller, Humphrey, King, Sowder and Warren. Nays: None. a.D.17. CONVEYANCE OF AN EASEMENT TO VIRGINIA ELECTRIC AND POWER COMPANY FOR UNDERGROtJND CABLE TO PROVIDE SERVICE TO THE NEW LOWE' S SOCC]~R COMPLEX '- On motion of Mr. Miller, seconded by Mr. King, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute an easement agreement with Virginia Electric and Power Company fO]~ underground cable to provide service to the new Lowe's Soccer Complex. Ayes: Miller, Humphrey, King, Sowder and Warren. Nays: None. a.D.1a. TRANSFER OF APPROPRIATION TO SCHOOL CAPITAL PROJECTS FUND FOR CONSTRUCTION OF THE Rl~PLACEMENT CLOVER HILL HIGH SCHOOL On motion of Mr. Miller, seconded by Mr. King, the Board transferred $11,500,000 in appropriat,ions from the County Other Capital proj ects to the School Board's Capital Improvement Fund for the Replacement Clover Hill High School Project in accordance with actions taken by the Board of Supervisors on April 11, 2007. Ayes: Miller, Humphrey, King, Sowder and Warren. Nays: None. The following item was removed from the Consent Agenda pursuant to the conflict of interest declared by Mr. King: a.D.16. AWARD A CONTRACT TO RIFENBURG CONSTRUCTION, INCORPORATED FOR A PROJECT TO REHABILITATE RUNWAY 15/33 AND TAXIWAYS, CONSTRUCT :~'ILLETS AND CONNECTOR TAXIWAY There was brief discussion relative to the scope of the project. Mr. Micas stated the Board is being contract, contingent upon appropriation tonight's public hearing. asked to of funds award a following On motion of Mr. Warren, seconded by Mrs. Humphrey, the Board accepted grant funds totaling $6,334,896; awarded a contract in the amount of $6,102,157 to Rifenburg Construction, ~ Incorporated (pending appropriation of additional grant funds at the public hearing to be held later today) for a proj ect to rehabilitate runway 15/33 and taxiways, construct fillets and connector taxiway; and authorized the County Administrator to execute all documents. Ayes: Miller, Humphrey, Sowder and Warren. Nays: None. Absent: King. 07-5a3 06/27/07 Mr. King returned to the meeting. The following items were removed from the Consent Agenda for public comment: a.D.11.a. FROM LESTER A. BLEVINS FOR AN EXCEPTION TO THE USE OF PUBLIC WASTEWATER FOR A PROPOSED RESIDENTIAL STRUCTURE LOCATED ON BIRDSONG LANE Mr. Bob Olsen stated, until a determination has been made as to whether or not the property meets the Health Department's requirements for a private septic system, the Board should not be granting the requested exception. He expressed concerns relative to the extreme change in elevations on the subject property. He noted that his son-in-law was required to have county water and sewer on property with similar topography, as well as a drain system with gutters tied into it. No one else came forward to speak to the issue. In response to Mrs. Humphrey's question, Mr. Covington stated there are other homes in this section of Birdsong Lane that are not connected to county sewer. He provided details of various physical considerations that led staff to support the request. He noted that the Health Department determined late yesterday that the property is acceptable for an alternative type of on-site system. On motion of Mrs. Humphrey, seconded by Mr. Sowder, the Board approved a request from Lester A. Blevins for permission for an exception to the use of public wastewater for a proposed residential structure located at 13615 Birdsong Lane, and authorized the County Administrator to execute any necessary documents. (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. a.D.1S.a. FROM THE CLOVER HILL DISTRICT IMPROVEMENT FUND TO THE DEPARTMENT OF PARKS AND RECREATION TO PURCHASE AND INSTALL AN ENTRANCE SIGN AT ROCKWOOD PARK Mr. George Beadles reminded the Board that he was the person who suggested that Rockwood Park needed better signage. No one else came forward to speak to the issue. -d...... Mr. Warren stated the Chairman of the 360 Corridor Committee has indicated that they would like to have input regarding the sign. He noted that several of their members are on vacation, and there is no rush to approve the sign. Mr. Warren then made a motion, seconded by Mr. Miller, for the Board to defer the consideration of transferring District Improvement Funds from the Clover Hill District Improvement Fund to the Department of Parks and Recreation to purchase and install an entrance sign at Rockwood Park until September 26, 2007. Ayes: Miller, Humphrey, King, Sowder and Warren. Nays: None. 07-584 06/27/07 a . D. 19. INITIATION OF A CONDITIONAL US:E~ PLANNED DEVELOPMENT APPLICATION FOR MIDLOTHIAN HIGH SCHOOL FOR A COMPUTER CONTROLLED VARIABLE MgSSAGE ELECTRONIC SIGN Mr. George Beadles suggested that the Board consider training someone other than Mr. Turner, to act as the Board's agent in zoning applications since he sits on the dais, as Director of Planning, during Planning Commission meetings. He also suggested that the Board consider double advertising this case so that the sign will be installed in time for the opening of school. --/ No one else came forward to speak to the issue. Mr. Sowder stated the Midlothian High School PTA and the community has worked for two years on a fundraising campaign for this sign. There was brief discussion relative to appointing someone other than Mr. Turner as the Board's agent. Mr. Ramsey stated he has no problem with Mr. Turner serving as the Board's agent. On motion of Mr. Sowder, seconded by ~Ilr. Miller, the Board initiated a Conditional Use Planned Development application for Midlothian High School, Tax ID 7:26-6792, to permit a computer controlled variable message electronic signj waived the disclosure requirements; and appointed Mr. Kirk Turner, Director of Planning, as the Board's agent. Ayes: Miller, Humphrey, King, Sowder and Warren. Nays: None. - 9. REPORTS 9 . A. REPORT ON DEVELOPER WATER AND SEW]~R CONTRACTS 9.B. REPORT ON STATUS OF GENERAL FUND 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 j 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. 10.A. FIFTEEN-MINUTE CITIZEN COMMENT P]~RIOD ON UNSCHEDULED MATTERS ---' . Mr. Charlie Henderson expressed concerns relative to the maintenance of multiple easements in the vicinity of his property on Castlebridge Road, which leads to an irrigation lake dam. He stated, if left in its current condition, the dam could easily give way in case of another hurricane or massive rain, causing major damage to his home and others. He requested that the county 07-5a5 06/27/07 investigate the situation and address the problem. He also requested tax relief for his property since the areas of concern have been deteriorating through neglect for 29 years and he would be unable to obtain the full value for his home and property because of the damage within the easements. He provided the Board with a copy of the proposal that he presented to the Board of Equalization of Real Estate Assessments requesting reassessment of property taxes back to 1978. Mr. Miller stated staff will investigate this situation. Mr. Sowder stated Mr. McElfish has visited the property, and some work is already underway to address these issues. . Mr. Walter Marsh, accompanied by his daughter, Ms. Julia Marsh, stated he gave his daughter an acre of land that he owns along Cogbill Road. He expressed concerns that Building Inspection will not issue a building permit for his daughter's property until a VDOT driveway entrance is provided. He expressed concerns that requiring a driveway access for every lot in the county, and not permitting shared driveways, is a misinterpretation of the zoning ordinance. He stated it is better for several neighbors to have a single access onto a secondary road in a safe location than to have multiple accesses. He stated he already has a driveway on his property that his daughter could share. Mr. Miller stated he understands Mr. Marsh's request and will direct staff to look into this. Mrs. Humphrey stated Mr. Marsh's situation involves a family split of land, indicating that she supports his request for a single driveway. . Mr. George Beadles expressed concerns children playing basketball in county portable basketball goals facing the street. relative to roads wi th Mr. Miller stated he agrees that this is a problem. Mrs. Humphrey stated she has received complaints regarding this issue, and the Police Department has been out to investigate many of these complaints. She noted that parents are obligated to take responsibility for their children playing in the streets. lOB. CLOSED SESSION, PURSUANT TO SECTION 2.2-3711(Al(1), CODE OF VIRGINIA, 1950, AS AMENDED, TO DISCUSS PROSPECTIVE CANDIDATES FOR APPOINTMENT TO THE POSITION OF COUNTY ADMINISTRATOR AND TO INTERVIEW APPLICANTS FOR APPOINTMENT TO THE POSITION OF COUNTY ADMINISTRATOR AND PURSUANT TO SECTION 2.2-3711(A) (7) FOR CONSULTATION WITH LEGAL COUNSEL REGARDING A SPECIFIC LEGAL MATTER REQUIRING THE PROVISION OF LEGAL ADVICE RELATING TO A LAWSUIT AFFECTING THE ACQUISITION OF A LEASEHOLD INTEREST IN CLOVERLEAF MALL Mr. Micas stated there has been a request pursuant to Section 2.2-3711 (A) (1) for the Board to receive a report from the 07-586 06/27/07 - Chairman of the Police Chief Selection Committee discussing specific candidates for the Police Chief position. On motion of Mr. King, seconded by Mr. Sowder, the Board suspended its rules to amend the Agenda by adding a topic to the Closed Session Pursuant to Section 2.2-3711 (A) (1) for a Report from the Chairman of the Police Chief Selection Committee Discussing Specific CandidateB for the Police Chief Position. Ayes: Miller, Humphrey, King, Sowder and Warren. Nays: None. --' On motion of Mr. Miller, seconded by Mr. King, the Board went into closed session pursuant to Section 2.2-3711(A) (1), Code of Virginia, 1950, as amended, to discuss prospective candidates for appointment to the position of County Administrator and to interview applicants for appointment to the position of County Administrator Clnd for a report from the Chairman of the Police Chief Selection Committee discussing specific candidates for the Police Chief position, and pursuant to Section 2.2-3711(A) (7) for consultation with legal counsel regarding a specific legal matter requiring the provision of legal advice relating to a lawsuit affecting the acquisition of a leasehold interest in Cloverleaf Mall. Ayes: Miller, Humphrey, King, Sowder and Warren. Nays: None. Reconvening: --- On motion of Mr. Warren, seconded by Mr. King, the Board adopted the following resolution: WHEREAS, the Board of Supervisors has this day adjourned into Closed Session in accordance with a formal vote of the Board and in accordance with the provisions of the Virginia Freedom of Information Actj and WHEREAS, the Virginia Freedom of Information effective July 1, 1989 provides for certification that Closed Session was conducted in conformity with law. Act such NOW, THEREFORE BE IT RESOLVED, thE~ Board of Supervisors does hereby certify that to the best of each member's knowledge, i) only public business matters lawfully exempted from open meeting requirements under the Freedom of Information Act were discussed in the Closed Session 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: Aye. Aye. Aye. 07-5a7 06/27/07 Mrs. Humphrey: Aye. Mr. Miller: Aye. Reconvening: 11.A. DINNER On motion of Mr. recessed to the dinner. King, seconded by Mr. Warren, Administration Building, Room the Board 502, for Ayes: Miller, Humphrey, King, Sowder and Warren. Nays: None. Reconvening: 12. INVOCATION Reverend Lee Ellison, Pastor of Mount Hermon Baptist Church, gave the invocation. 13. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Eagle Scout Michael Encinas led the Pledge of Allegiance to the flag of the United States of America. ,.,,.- 14. RESOLUTIONS 14.A. RECOGNIZING MRS. RUBY ETHEL GILES TURNER FOR HER OUTSTANDING COMMUNITY SERVICE Colonel Baker introduced Mrs. Ruby Turner, who was present to receive the resolution. He stated Mrs. Turner has never missed attending a public safety event in the Metropolitan Richmond area during the 16 years that he has known her. On motion of the Board, the following resolution was adopted: WHEREAS, Mrs. Ruby Turner is the president of Citizens of Greater Richmond Against Gun Violence, whose mission is to advance and enhance public awareness of the needless pain, undue suffering and senseless deaths that result from the illegal possession of guns and the illegal use of gunsj and WHEREAS, Mrs. Turner law enforcement agencies cooperative efforts that violencej and has been a long-time supporter of in educational, advocacy and aid in the reduction of gun WHEREAS, Mrs. Turner has been positive role model for the church and the community-at-large for many yearsj and WHEREAS, Mrs. Turner was an active member of Ebenezer Baptist Church as a child and young woman, and is currently a member of Redeemer Lutheran Church, where she has served as scheduling coordinator for lay readers, president and zone secretary of the Lutheran Women's Missionary League and 07-588 06/27/07 ..L . served the church at numerous state and international conferences; and WHEREAS, Mrs. Turner further served her church and community as the president of the Interfaith Council of Greater Richmond and a member of the Church Ladies ushers Union of Richmond and VicinitYi and WHEREAS, for six years 1 Mrs. Turner served as the chair of the Youth Awards Program, an annual event that recognizes seniors from private and public high schools in the metropolitan Richmond area, has been a strong supporter and member of the League of Women Voters of Metropolitan Richmond for many years, and is a former member of the NAACP; and -- WHEREAS, Mrs. Turner was educated Schools, graduated from Armstrong High Virginia Commonwealth University; and in Richmond Public School and attended WHEREAS, Mrs. Turner was named "Nurse of the Year" by Virginia Commonwealth Uni versi ty, MCV and was selected three times by the National Council of State Boards of Nursing, upon the recommendation of the Virginia Board of Nursing, to participate in writing the national examination for licensure for nurses as the content expert, once in California and twice in Georgiai and WHEREAS, Mrs. Turner was appointed by two former governors, Governor George Allen and Governor James Gilmore, to serve on the Board of Correctional Education as a member and the vice chair, and currently SE:rves on the Advisory Committee of Juvenile Justice by appointment of former Governor Mark Warner; and ~' WHEREAS, Mrs. Turner completed the Chesterfield County Police Department's first Senior Citizens Academy and was elected to deliver the keynote address; and WHEREAS, Mrs. Turner completed the Federal Bureau of Investigation's Citizens Academy and received an achievement award, delivered the keynote address at the FBI's Unity Day program, and also received the FBI Director's Community Leadership Awardj and WHEREAS, every public yearsj and Mrs. Turner has been a faithful supporter of safety event in Chesterfield County for many WHEREAS, Mrs. Turner has been dedicated in her efforts to improve safety in homes, schools and neighborhoods and to make our communities safe regions in which to live, work and raise children. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 27th day of June 2007 I hereby recognizes the significant contributions of Mrs. Ruby Turner to Chesterfield County and to the region, expresses gratitude on behalf of all Chesterfield County residents for her outstanding service, and wishes Mrs. Turner and her family continued success, fulfillment and happiness. ---'" Ayes: Miller, Humphrey, King, Sowder and Warren. Nays: None. 07-589 06/27/07 Mr. King presented the executed resolution to Mrs. Turner, accompanied by Colonel Baker, and expressed appreciation for her support of public safety and the spiritual strength she provides to members of the county's Police Department. Mrs. Turner expressed appreciation to the Board for the recognition and to Chesterfield County for honoring her with blessings, friendship and support. 14.B. RECOGNIZING THE 2007 JAMES RIVER HIGH SCHOOL BOYS VARSITY BASEBALL TEAM FOR ITS OUTSTANDING REPRESENTATION OF CHESTERFIELD COUNTY Ms. Dickson introduced Coach Pete Schumacher and members of the 2007 James River High School Boys Varsity Baseball Team, who were present to receive the resolution. On motion of Mr. Miller, seconded by Mr. King, the Board adopted the following resolution: WHEREAS, participation in high school sports has been an integral part of Chesterfield County's educational, physical and emotional development for studentsj and WHEREAS, Mr. Pete Schumacher, coach of the James River High School Varsity Baseball Team completed his first year of coachingj and WHEREAS, under Mr. Schumacher's and hi s s taf f ' s direction, the 2007 James River Rapids finished the regular season with a 19-1 record and an overall record of 26-2; and WHEREAS, the James River Rapids were the regular season champions and tournament runner-up in the Dominion District; and WHEREAS, the James River Rapids were the Central Region Champions; and WHEREAS, the James River Rapids were the State AAA Baseball Champions; and WHEREAS, the team members include John Nance, Jacob Juhase, Sam Tolton, Reggie Treimiew, AJ Prill, Chris Briere, Danny Larson, Gil Evans, Austin Stadler, Chris Anderson, Tyler Gruhl, Will Kent, Robert Oldham, Daniel Marrs, Jack Cleary, Trey Wray, Eamon Schwartz, Ian Harvey, Austin McGowan, Jake Matthews, Carter Brown, and Assistant Coaches William Bray, Greg Dommisse, and Christopher Roarty. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 27th day of June 2007, publicly recognizes the 2007 James River High School Varsity Baseball Team for its outstanding representation of Chesterfield County, commends the team members for their commitment to excellence and sportsmanship, and expresses best wishes for continued success. Ayes: Miller, Humphrey, King, Sowder and Warren. Nays: None. 07-590 06/27/07 , ~d. . Mr. Sowder presented executed resolutions to Coach Schumacher and members of the team and congratulated them on their outstanding accomplishments. He stated the school and the community has endeavored in a fundraising campaign to upgrade the James River athletic field for regional events. He encouraged citizens to contribute to this worthwhile project. Coach Schumacher expressed appreciation to the Board for the recognition and stated the coaching sta.ff is honored to have experienced the championship with these wonderful young men. - 14. C. RECOGNIZING EAGLE SCOUTS UPON AT~~AINING THE RANK OF EAGLE SCOUT 14.C.1. MR. BRYAN HUBBARD, MATOACA DIS~~RICT 14. C. 2. MR.. DERICK TICKLE, MATOACA DIS~~RICT 14.C.3. MR. KENNETH KEELER, MIDLOTHIAN.DISTRICT 14.C.4. MR. MICHAEL ENCINAS, MIDLOTHIAN DISTRICT 14.C.5. MR.. ANDREW LEAHY, MIDLOTHIAN DISTRICT 14.C.6. MR. ROBERT ALONZI, CLOVER HILL DISTRICT 14.C.7. MR. MICHAEL FLORENCE, MIDLOTHI1W DISTRICT Ms. Ruth introduced Mr. Bryan Hubbard, Mr. Derick Tickle, Mr. Kenneth Keeler, Mr. Michael Encinas 1 r~[r. Andrew Leahy, Mr. Robert Alonzi and Mr. Michael Florence, who were present to receive the resolutions. -.../ On motion oj: the Board, the following resolution was adopted: WHEREAS, the Boy Scouts of America was incorporated by Mr. wi 11 iam 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 fitnessj and WHEREAS, after earning at least twenty-one merit badges in a wide variety of skills including leadership, service and outdoor life, serving in a leadership position in a troop, carrying out a service project beneficial to their community, being active in the troop, demonstrating Scout spirit, and living up to the Scout Oath and Law Mr. Michael James Encinas and Mr. Andrew Colin Leahy, both of Troop 876, sponsored by Mount Pisgah United Methodist Church; Mr. Derick Eldon Tickle and Mr. Bryan Huntington Hubbard, both of Troop 806, sponsored by Woodlake United Methodist Church; Mr. Kenneth Harrison Keeler, Troop 829, sponsored by saint Matthias' Episcopal Churchi Mr. Robert Alec Alonzi, Troop 810, sponsored by Church of the Epiphany, and Mr. Michael George Florence, Troop 800, sponsored by Bethel Baptist Church have accomplished those high standards of commitment and have reached the lon9-sought goal of Eagle Scout which is received by only four percent of those individuals entering the Scouting movementi and - 07-591 06/27/07 WH~R~AS, growing through their e~periences in Scouting, learning the lessons of responsible citizenship, and endeavoring to prepare themselves for roles as leaders in society, Michael, Andrew, Derick, Bryan, Harrison, Robert, and George have distinguished themselves as members of a new generation of prepared young citizens of whom we can all be very proud. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 27th day of June 2007, hereby extends its congratulations to Mr. Michael James Encinas, Mr. Andrew Colin Leahy, Mr. Derick Eldon Tickle, Mr. Bryan Huntington Hubbard, Mr. Kenneth Harrison Keeler, Mr. Robert Alec Alonzi, and Mr. Michael George Florence, and acknowledges the good fortune of the county to have such outstanding young men as its citizens. Ayes: Miller, Humphrey, King, Sowder and Warren. Nays: None. Board members presented executed resolutions and patches to each of the Eagle Scouts, accompanied by members of their families, congratulated them on their outstanding achievements, and wished them well in future endeavors. Each of the scouts provided details project and expressed appreciation others for their support. of to their their Eagle Scout parents and 15.A. 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 05SN0235 In Midlothian Magisterial District, DOUGLAS R. SOWERS requests rezoning and amendment of zoning district map from Agricul tural (A) to Residential (R-12). Residential use of 3.63 units per acre is permitted in a Residential (R-12) District. The Comprehensive Plan suggests the property is appropriate for residential use of 2.0 units per acre or less. This request lies on 89.2 acres fronting approximately 1,770 feet on the west line of County Line Road approximately 650 feet north of Mt. Hermon Road. Tax ID 702-700-5944. Mr. Turner stated the applicant has requested a deferral of Case 05SN0235 until August 22, 2007. Mr. Jim Theobold, representing the applicant, requested a deferral of Case 05SN0235 until August 22, 2007. Mr. Miller called for public comment. No one came forward to speak to the deferral. On motion of Mr. Sowder, seconded by Mr. Miller, the Board deferred Case 05SN0235 until August 22, 2007. Ayes: Miller, Humphrey, King, Sowder and Warren. Nays: None. 07-592 06/27/07 ~ 06SN0256 In Dale Magisterial District, HENRY E. MYERS, JR. (GENERAL PARTNER OF MYERS FAMILY PARTNERSHIP) requests rezoning and amendment of zoning district map from Agricultural (A) to Corporate Office (0- 2) . The density o:E such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for mixed use corridor use. This request lies on 6.9 acres fronting approximately 840 feet on the south line of Lori Road, also fronting approximately 330 feet on the east line of Frith Lane and located in the southeast quadrant of the intersection of these roads. Tax ID 769-663-Part of 9114. -- Mr. Turner stated Mr. Miller has requested a deferral of Case 06SN0256 until August 22, 2007. Mr. Ben Myers, representing the applicant, deferral is acceptable. stated the Mr. Miller called for public comment. No one came forward to speak to the deferral. On motion of Mr. Miller, seconded by Mr. King, the Board deferred Case 06SN0256 until August 22, 2007. Ayes: Miller, Humphrey, King, Sowder and Warren. Nays: None. -- 07SN0219 (Amended) In Matoaca Magisterial District, MALBONE ASSOCIATES requests rezoning and amendment of zoning district map from Agricultural (A) to Community Business (C-3). The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for community mixed use uses. This request lies on 5.4 acres fronting approximately 690 feet on the south line of Hull Street Road approximately 300 feet east of Otterdale Road. Tax IDs 713-669-3466 and 6673. Mr. Turner presented a summary of Case 07SN0219 and stated the Planning Commission and staff recommended approval and acceptance of the proffered conditions. Mr. John Cogbill, 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 Mrs. Humphrey, seconded by Mr. Sowder, the Board approved Case 07SN0219 and accepted the following proffered conditions: The Owners and the Developer (the "Developer") in this zoning case, pursuant to Section 15.2-2298 of the Code of Virginia (1950 as amended) and the Zoning Ordinance of Chesterfield 07-593 06/27/07 County, for themselves and their successors or assigns, proffer that the development of the Property known as Chesterfield County Tax Identification Numbers 713-669-3466 and 713-669-6673 (the "Property") under consideration will be developed according to the following conditions if, and only if, the rezoning request for C-3 is granted. In the event the request is denied or approved with conditions not agreed to by the Developer, the proffers and conditions shall immediately be null and void and of no further force or effect. If the zoning is granted, these proffers and conditions will supersede all proffers and conditions now existing on the Property. 1. Utilities. A. Public water and wastewater systems shall be used. B. The developer shall extend the twenty-four (24) inch water line along Route 360 from Fox Club parkway/Hampton Park Drive to a point opposite the westernmost boundary of the request Property. C. Prior to the issuance of a building permit for each site plan approved for the property, the developer shall make payment to Chesterfield County in the amount of $200.00 per acre (not to exceed an aggregate payment of $1,080.00 based upon a total of 5.4 acres) as a contribution toward the expansion of the Dry Creek Wastewater Pump Station. (U) 2. Timbering. With the exception of timbering which has been approved by the Virginia State Department of Forestry for the purpose of removing dead or diseased trees, there shall be no timbering until a land disturbance permit has been obtained from the Environmental Engineering Department and the approved devices have been installed. (EE) 3. Access. Direct vehicular access from the property to Route 360 shall be limited to one (1) entrance/exit. This entrance/exit shall be limited to right turns in and out only. The location of this entrance/exit shall be approximately seven hundred (700) feet from the intersection of Otterdale Road and Route 360. (T) 4. Dedication. Prior to any site plan approval or within ninety (90) days of a written request by the Transportation Department, whichever occurs first, one hundred (100) feet of right-of-way on the south side of Route 360 measured from the centerline of that part of Route 360 immediately adjacent to the property shall be dedicated, free and unrestricted, to and for the benefit of Chesterfield County. (T) 5. Transportation Improvements. A. In conjunction with initial development on the property, an additional lane of pavement shall be constructed along the eastbound lanes of Route 360 for the entire property frontage. 07-594 06/27/07 B. Prior to the issuance of a certificate of occupancy for any development anticipa.ted to generate more than 3,000 vehicles per day at the approved entrance/exit on Route 360, as determined by the Transportation Department, a separate right turn lane shall be constructed along the eastbound lanes of Route 360 at the approved access. (T) Ayes: Miller, Humphrey, King, Sowder and Warren. Nays: None. '- 07SN0293 In Bermuda Magisterial District, CARTER L. BURKEY AND BOLLING PARTIN request rezoning and amendment of zoning district map from Agricultural (A) to 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 uses. This request lies on 5.1 acres fronting approximately 330 feet on the north line of East Hundred Road approximately 680 feet west of Kingston Avenue, also fronting approximately 250 feet on the south line of Bermuda Hundred Road approximately 600 feet west of Kinqston Avenue. Tax IDs 818-652-3014, 4300 and 5837. Mr. Turner presented a summary of Case 07SN0293 and stated the Planning Commission and staff recommended approval and acceptance of the proffered conditions. Mr. Carter Burkey 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 Mrs. Humphrey" the Board approved Ca.se 07SN0293 and accepted the following proffered conditions: 1. Timbering. Except for timbering approved by the Virginia State Department of Forestry for the purpose of removing dead or diseased trees f there shall be not timbering on the Property until a land disturbance permi t has been obtained from the Environmental Engineering Department and the approved devices installed. (EE) 2. Storm Water Retention. The developer will retain the ten (10) year post development runoff on site and release at the two (2) year predevelopment rate. (EE) 3 . Uses. -- a. Uses on Tax IDs 818-652-3014 and 4300 shall be limited to those uses permitted by right or with restrictions in the Neighborhood Business (C-2) District plus a hotel. 07-595 06/27/07 b. Uses on Tax ID 818-652-5837 shall be limited to those uses permitted by right or with restrictions in the Corporate Office (0-2) District. (P) 4. Buffers. c. A seventy-five (75) foot buffer shall be provided along the northern and western Property boundaries adjacent to the Random Woods Subdivision. This buffer shall comply with the requirements of the Zoning Ordinance for seventy-five (75) foot buffers. d. A fifty (50) foot buffer shall be provided along Bermuda Hundred Road. This buffer shall comply with the requirements of the Zoning Ordinance for fifty (50) foot buffers. e. Provided however, these buffers may not be waived and lor modified through site plan review. (P) 5. Building Height. The height of any building(s) located on Tax ID 818-652-5837 shall not exceed two (2) stories or thirty (30) feet, whichever is less. (P) 6 . Dedication. Prior to any site plan approval or within sixty (60) days from a written request by the Transportation Department, whichever occurs first, one- hundred (100) feet of right-of-way on the north side of East Hundred Road (Route 10), measured from the centerline of that part of Route 10 immediately adjacent to the property, shall be dedicated, free and unrestricted, to and for the benefit of Chesterfield County. (T) ."..-~ 7. Access Route 10. Direct vehicular access from the property to Route 10 shall be limited to one (1) entrance/exit. This access shall align the existing crossover on Route 10, located along the property frontage. The exact location of this access shall be approved by the Transportation Department. Prior to any site plan approval, an access easement, acceptable to the Transportation Department, shall be recorded across the property to provide shared use of this access with the adjacent properties to the west. (T) 8. Access Restrictions. No direct vehicular access shall be provided from the property to Bermuda Hundred Road or to Random Road. (T) 9. Road Improvements. In conjunction with initial development of the property, the developer shall: 1) construct an additional lane of pavement along the westbound lanes of Route 10 for the entire property frontage; 2) construct additional pavement along the westbound lanes of Route 10 at the approved access to provide a separate right turn lane, if needed based on transportation department standards. 3) construct additional pavement along the eastbound lanes of Route 10 at the existing crossover that serves the property to provide an adequate left turn lanei 4) construct a sidewalk to VDOT standards along Route 10 for the entire property frontage; and 5) dedicate to Chesterfield 07-596 06/27/07 County" free and unrestricted, any additional right-of- way (or easements) required for these improvements The exact design and location of these improvements shall be approved by the Transportation Department. (T) Ayes: Miller, Humphrey, King, Sowder and. Warren. Nays: None. 07SN0294 --../ In Clover Hill Magisterial District, CHESTERFIELD COUNTY UTILITIES DEPARTMENT requests Conditional Use and amendment of zoning district map to permit a wastewater pump station in a Residential (R-15) District. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan sug"gests the property is appropriate for residential use of 1.()-2.5 units per acre. This request lies on 3.1 acres fronting approximately seventy (70) feet on the east line of Claypoint Road approximately 830 feet south of Misty Spring Drive. Tax IDs 742-675-Part of 9499 and 743-675-Part of 1820. Mr. Turner presented a summary the Planning Commission and subject to one condition. of Case 07SN0294 and stated staff recommended approval Mr. John Harmon, 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 07SN0294, subject to the following condition: Any building or mechanical equipment shall Sections 19-570 (b) and (c) and 19-595 of Ordinance relative to architectural treatment exteriors and screening of mechanical equipment. comply with the Zoning of building ( P) Ayes: Miller, Humphrey, King, Sowder and Warren. Nays: None. 07SN0295 In Clover Hill Magisterial District, EDWIN L. THOMPSON requests renewal of Conditional Use (Case 03AR0227) and amendment of zoning district map to pE~rmit a business (tree service) incidental to a dwelling unit in an Agricultural (A) District. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The_ Comprehensive Plan suggests the property is appropriate for medium den~iity residential use of 1.51-4.0 units per acre. This request lies on 1.4 acres and is known as 2501 Courthouse Road. Tax ID 747-691-4208. Mr. Turner presented a summary of Case 07SN0295 and stated the Planning Commission and staff recommended approval subject to conditions. 07-597 06/27/07 Mr. Edwin Thompson 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. Miller, the Board approved Case 07SN0295, subject to the following conditions: 1. This Conditional Use shall be granted to and for Edwin Thompson exclusively, and shall not be transferable or run with the land. (P) 2. In addition to the applicant, a maximum of four (4) employees shall be engaged in this operation. Equipment storage shall be limited to the parking of one (1) service truck, one (1) chipper truck, one (1) chipper, two (2) trailers, two (2) stump grinders, one (1) log splitter and one (1) small tractor on a trailer. All outside storage shall be located a minimum of ninety (90) feet from the ultimate right of way of Courthouse Road. There shall be no storage of wood debris or material on the property other than that located on the equipment. (P) 3. Other than parking of the office, there shall be conducted on the property, ( P) equipment and a home business no other business activity to include any log splitting. 4. Other than normal maintenance, there shall be no additions or alterations to the existing structures to accommodate this use. There shall be no additional buildings constructed to accommodate this use. Further, the area used for the storage of equipment shall not be expanded. (See sketch attached to Request Analysis) (P) ""..- 5. There shall be no signs permitted to identify this use. ( P) Ayes: Miller, Humphrey, King, Sowder and Warren. Nays: None. 07SN0296 In Midlothian Magisterial District, RIO 17 MIDLOTHIAN LLC requests Conditional Use Planned Development and amendment of zoning district map to permit exceptions to Ordinance requirements relative to signage. 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 Community Business (C- 3) District on 1.2 acres fronting approximately 110 feet on the north line of Midlothian Turnpike approximately 170 feet west of North Providence Road. Tax ID 758-706-Part of 9917. Mr. Turner presented a summary of Case 07SN0296 and stated the Planning Commission and staff recommended approval subject to one condition. 07-598 06/27/07 Ms. Kristen Keatley, 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. Sowder, seconded by Mr. Miller, the Board approved Case 07SN0296, subject to the following condition: The Textual Statement dated April considered the Master Plan. (P) 12, 2007 shall be -- Ayes: Miller, Humphrey, King, Sowder and Warren. Nays: None. 07SN0301 In Bermuda Magisterial District, CHESTERFIELD COUNTY FIRE AND EMS requests Conditional Use and amendment of zoning district map to permit a fire station in an Agricultural (A) District. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for community commercial mixed use uses. This request lies on 6 acres fronting approximately 590 feet on the northeast line of Harrowgate Road approximately 140 feet north of Lindberg Drive. Tax ID 798-631-Part of 6914. Mr. Turner presented a summary the Planning Commission and subject to conditions. of Case 07SN0301 and stated staff recommended approval -- Deputy Chief Frank Edwards, 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. King, seconded by Mrs. Humphrey, the Board approved Case 07SN03011 subject to the following conditions: 1. Except where the requirements of the underlying Agricul tural (A) zoning are more restricti ve, any fire/rescue station shall comply with Emerging Growth District standards of the Zoning Ordinance for the Corporate Office (0-2) District. (P) 2. The public wastewater system shall be used. (U) 3. Prior to any site plan approval or within sixty (60) days from a written request by the Transportation Department, whichever occurs first, sixty (60) feet of right-of -way along the east side of Harrowgate Road, measurE~d from the centerline of Harrowgate Road immediately adjacent to the property, shall be recorded, free and unrestricted, to and for the benefit of Chesterfield County. (T) ".-" 4. Direct vehicular access from the property to Harrowgate Road shall be limited to one (1) entrance/exit. The 07-599 06/27/07 exact location of this access shall be approved by the Transportation Department. (T) 5. In conjunction with any development on the property, the ditch along the east side of Harrowgate Road shall be relocated to provide an adequate shoulder, as determined by the Transportation Department, for the entire property frontage. The developer shall dedicate to Chesterfield County, free and unrestricted, any additional right-of-way (or easements) required for this improvement. (T) 6. The developer shall perform a drainage study on the property from the southern corner of the site through Harrowgate Road. A copy of such study shall be submitted to the Environmental Engineering Department in conjunction with site plan submittal. If the study determines that the culverts are inadequate, then the developer will retain water on site or upgrade the culverts or a combination thereof so that the pipes under Lindberg Drive and Harrowgate Road meet current VDOT criteria. (EE) Ayes: Miller, Humphrey, King, Sowder and Warren. Nays: None. 07SN0302 ~ In Matoaca Magisterial District, ASHBROOKE INVESTMENTS, LLC requests rezoning and amendment of zoning district map from Light Industrial (I-1) to Community Business (C-3). The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for conservation: passive recreation and community mixed use uses. This request lies on 10.3 acres located in the southwest quadrant of the intersection of Ashlake Parkway and Hull Street Road. Tax ID 720-671-8206. Mr. Turner presented a summary of Case 07SN0302 and stated the Planning Commission and staff recommended approval and acceptance of the proffered conditions. Mr. Jim Theobold, representing the applicant, stated the recommendation is acceptable. Mr. Miller called for public comment. No one came forward to speak to the request. i-. On motion of Mrs. Humphrey 1 seconded by Mr. Sowder, the Board approved Case 07SN0302 and accepted the following proffered conditions: The property owners/applicant in this rezoning case, pursuant to Section 15.2-2298 of the Code of Virginia (1950 as amended) and the Zoning Ordinance of Chesterfield County, for themselves and their successors or assigns, proffer that the property under consideration will be developed according to the following proffers if, and only if, the rezoning request submitted herewith is granted with only those conditions agreed to by the owners/applicant. In the event this request 07-600 06/27/07 is denied or approved with conditions not agreed to by the owners/applicant, the proffers shall immediately be null and void and of no further force or effect. 1. Transportation. a. Prior to any site plan approval or wi thin ninety (90) days of a request by the Transportation Department 1 whichever occurs first, the following rights-of-way shall be dedicated, free and unrestricted, to and for the benefit of Chesterfield County: -- i) one-hundred (100) centerline of Hull immediately adjacent feet measured from Street Road (Route to the propertYi the 360) i i) forty-five centerline adjacent to (45) feet of Ashlake the propertYi measured Parkway and from the immediately iii) an amoun t , Department, property to Route 360. determined by the Transportation in the northwest corner of the accommodate future widening of b. There shall be no direct vehicular access from the property to Route 360. Direct vehicular access from the property to Ashlake Parkway shall be limited to one (1) entrance/exit. The exact location of this access shall be approved by the Transportation Department. -. c. Prior to occupancy, the issuance ot the developer shall: a certificate of i) construct an additional lane of pavement along Route 360 for the entire property frontage, exclusive of any widening across the box culvert located at the western property line; ii) construct additional pavement to provide right and left turn lanes at the approved access on Ashlake Parkway, based on Transportation Department standards; and iii) prior to any site plan approval, the developer shall dedicate, free and unrestricted, to and for the benefit of Chesterfield County, any additional right-of-way (or easements) required for these imprO"llements. d. The maximum density on the Property shall be alSO room hotel or equivalent traffic generation, as determined by the Transportation Department. (T) -- 2. Water Quality. The runoff from the on-site impervious area shall drain through the wetlands along Route 360 prior to entering Swift Creek Reservoir. (EE) Ayes: Miller, Humphrey, King, Sowder and Warren. Nays: None. 07-601 06/27/07 07SN0304 In Matoaca Magisterial District, ANDY B. AND MARGARET T. SELF request rezoning and amendment of zoning district map from Communi ty Business (C- 3) to Residential (R-12). Residential use of up to 3.63 units per acre is permitted in a Residential (R-12) District. The Comprehensive Plan suggests the property is appropriate for residential use of 2.2 units per acre or less. This request lies on 1.3 acres located in the southwest quadrant of the intersection of Spring Run and Hensley Roads. Tax ID 734-663-2802. Mr. Turner presented a summary of Case 07SN0304 and stated the Planning Commission and staff recommended approval and acceptance of the proffered conditions. Mr. Greg Holt, representing the applicant, recommendation is acceptable. stated the 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 07SN0304 and accepted the following proffered conditions: 1. A fifty (50) foot buffer shall be provided along Spring Run Road. Such buffer shall comply with the requirements of the Subdivision Ordinance for fifty (50) foot buffers. (P) 2. Within ninety (90) days of a written request by the Transportation Department, forty-five (45) feet of right-of-way, measured from the centerline of Spring Run Road immediately adjacent to the property, shall be dedicated, free and unrestricted, to and for the benefit of Chesterfield County. (T) 3. There shall be no direct vehicular access from the property to Spring Run Road. (T) 4. The applicant, subdivider, or assignee(s) shall pay the following to the County of Chesterfield, prior to the issuance of a building permit, for infrastructure improvements within the service district for the property: a. $15,600 per dwelling unit, if paid prior to July 1, 2007; or b. The amount approved by the Board of Supervisors not to exceed $15,600 per dwelling unit adjusted upward 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 07-602 06/27/07 5. The maximum density of this development shall not exceed 2.2 dwelling units per acre. (P) Ayes: Miller, Humphrey, King, Sowder and Warren. Nays: None. 07SN0309 In Matoaca Magisterial District, ROPER BROS. LUMBER CO. INC. AND NASH ROAD/WOODPECKER ROAD LLC request rezoning and amendment of zoning district map from Agricultural (A) to Residential (R-88) with Conditional Use Planned Development to permit recreational use. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for residential use of 1-5 acre lots, suited to R-88 zoning. This request lies on 209.2 acres located in the southwest quadrant of the intersection of Woodpecker and Cattail Roads. Tax IDs 766-639-8114 and 767-640-1470. -" Mr. Turner presented a summary of Case 07SN0309 and stated the Planning Commission and staff recommended approval and acceptance of one proffered condition. Ms. Carrie Coyner, 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 Mrs. Humphrey, seconded by Mr. Warren, the Board approved Case 07SN0309 and accepted the following proffered condition: The Applica.nts (the "Applicants") in this zoning case, pursuant to Section 15.2-2298 of the Code of Virginia (1950 as amended) and the Zoning Ordinance of Chesterfield County 1 for himself and his successors or assigns, proffers that the development of the property known as Chesterfield County Tax Identification Numbers 766-639-8114-00000 and 767-640-1470- 00000 (the "Property") under consideration will be developed according to the following conditions if, and only if, the rezoning request for R-88 with Conditional Use is granted. In the event the request is denied or approved with conditions not agreed to by the Developer, the proffers and conditions shall immediately be null and void and of no further force or effect. If the zoning is granted, these proffers and conditions will supersede all proffers and conditions now existing on the Property. 1. Transportation. A. Dedications. In conjunction with recordation of the initial subdivision plat, the following rights- of-way shall be dedicated, free and unrestricted, to and for the benefit of Chesterfield County: (a) Forty-five (45) feet of right of way, on the south side of Woodpecker Road, measured from a revised centerline of Woodpecker Road based on 07-603 06/27/07 VDOT Urban Minor Arterial (50 MPH) with modifications approved Transportation Department, adjacent to the Property. standards by the immediately (b) Forty-five (45) feet of right of way, on the west side of Cattail Road, measured from a revised centerline of Cattail Road based on VDOT Urban Minor Arterial (50 MPH) standards with modifications approved by the Transportation Department, immediately adjacent to the Property. B. Access. Direct vehicular access from the Property to Woodpecker Road shall be limited to one (1) public road. Direct vehicular access from the Property to Cattail Road shall be limited to one (1) public road. The exact location of these accesses shall be approved by the Transportation Department. C. Road Improvements. The Applicant responsible for the following: shall be a. Widening/ improving the south side of Woodpecker Road to an eleven (11) foot wide travel lane, measured from the centerline of Woodpecker 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 one-half (1.5) inches of compacted bituminous asphalt concrete, with modifications approved by the Transportation Department, for the entire Property frontage. ;",...... b. Widening/ improving the west side of Cattail Road to an eleven (11) foot wide travel lane, measured from the centerline of Cattail Road wi th an addi tional 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 one-half (1.5) inches of compacted bituminous asphalt concrete, with modifications approved by the Transportation Department, for the entire Property frontage. c. Construction of additional pavement along Woodpecker Road and along Cattail Road at each approved access to provide left and right turn lanes. ;,~ d. Dedication to Chesterfield County, free and unrestricted, of any additional right-of -way (or easements) required for the road improvements described above. D. Transportation Phasing Plan. Prior to any construction plan or site plan approval, whichever occurs first, a phasing plan for the required road improvements, as identified in Proffered Condition 07-604 06/27/07 .~ . 1. c ., shall be submitted to and approved by the Transportation Department. (T) 2. Timbering. with the exception of timbering which has been a.pproved by the Virginia State Department of Forestry for the purpose of removing dead or diseased trees, there shall be no timbering on the Property until a land disturbance permit has been obtained from the Environmental Engineering Department and the approved devices have been installed. (EE) ..-' 3. Recreat:ional Facilities. Any recreational facilities shall be subject to the following restrictions: a. There shall be no outside public address systems or speakers with the exception for pool usage. b. With the exception of playground areas which accommodate swings, jungle gyms, or similar such facilities, all outdoor play fields, courts, swimming pools and similar active recreational areas shall be located a minimum of one hundred (100) feet from any proposed or existing single family residential lot line and a minimum of fifty (SO) feet from any existin~3" or proposed public road. c. Within the one hundred (100) foot and fifty (50) foot setbacks, a fifty (50) foot buffer shall be provided along the perimeter of all active recreational facilities except where adjacent to any existing or proposed roads. This buffer shall conform to the requirements o:E the Zoning Ordinance for fifty (50) foot buffers. -- d. Any playground areas (i. e., areas accommodating swings, jungle gyms or similar such facilities) shall be located a minimum of forty (40) feet from all property lines. A forty (40) foot buffer shall be provided along the perimeter of these recreational facilities except where adjacent to any existing or proposed roads. This buffer shall conform to the requirements of the Zoning Ordinance for fifty (50) foot buffers. e. Nothing herein shall prevent development of indoor facilities and/or parking within the one hundred (100) foot setback. f. In conjunction with the recordation of any lot adjacent to active recreational area(s) , such area(s) shall be identified on the record plat along with the proposed recreational uses and -..-' rE~qui red conditions. ( P) 4. Cash Proffer. The applicant, subdivider, or assignee(s) (the "Applicant") shall pay the following to the County of Chesterfield prior to the issuance of a building permit for each dwelling unit for infrastructure improvements within the service district for the property: 07-605 06/27/07 a. $15,600 per dwelling unit if paid prior to July 2007. At the time of payment, the $15,600 will allocated pro-rata among the facility costs follows: $5,331 for schools, $602 for parks recreation, $348 for library facilities, $8,915 roads, and $404 for fire stationsi or 1, be as and for b. The amount approved by the Board of Supervisors not to exceed $15,600 per dwelling unit prorated as set forth above and 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. If, upon the mutual agreement of the Transportation Department and the Applicant, the Applicant provides road improvements (the "Improvements"), other than those road improvements identified in Proffered Condition 1. C., then the transportation component in this Proffered Condition shall be reduced by an amount not to exceed the cost to construct the Improvements so long as the cost lS of equal or greater value than that which would have been collected through the payment(s) of the road component of the cash proffer as determined by the Transportation Department. Once the sum total amount of the cash proffer credit exceeds the cost of the Improvements, as determined by the Transportation Department, thereafter the Applicant shall commence paying the cash proffer as set forth in this Proffered Condition as adjusted for the credit. For the purposes of this proffer, the costs, as approved by the Transportation Department, shall include, but not be limited to, the cost of right-of -way acquisition, engineering costs, costs of relocating utilities and actual costs of construction (including labor, materials, and overhead) ("Work" ) . Before any Work is performed, the Applicant shall receive prior written approval by the Transportation Department for the Improvements and any credit amount. d. Cash proffer payments purposes prof fered or law. (B & M, T) shall be spent for the as otherwise permitted by 5. The existing dam which forms Lake Margaret shall be given a complete geotechnical and hydraulic clean bill of health by qualified professional engineers. All deficiencies noted must be corrected. The Enviromental Engineering Department must receive documentation issued by the Virginia Department of Dam Safety that Lake Margaret is in full compliance with the Virginia Dam Safety Act. The achievement of the above shall occur prior to the recordation of any lot that is contiguous with Lake Margaret. (EE) Ayes: Miller, Humphrey, King, Sowder and Warren. Nays: None. 07-606 06/27/07 07SN0312 In Bermuda Magisterial District, ENON LAND COMPANY II LLC requests amendment to rezoning (Case 83S118) and amendment of zoning district map relative to buffer requirements. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for neighborhood mixed use uses. This request lies in a General Business (C- 5) District on 3.9 acres located in the southeast quadrant of the intersection of East Hundred and Inge Roads. Tax IDs 814-652-7447, 7815 and 8544. ~ Mr. Turner :stated Mr. King has requested a deferral of Case 07SN0312 until July 25, 2007. Ms. Carrie Coyner, representing the applicant, stated the deferral is acceptable. She further stated the applicant will meet with the community to discuss minor issues that just arose. Mr. King stated members of the concerns relative to the proposed regarding landscaping along Inge deferring t:he case, indicating significance of this project. community have expressed changes to the prior case Road.. He apologized for that he understands the Mr. Miller called for public comment. No one came forward to speak to the deferral. --- Mr. King requested that Ms. Coyner provide information to Planning staff for the members community who were present to support the deferral. contact of the On motion of Mr. King, seconded by Mr. Miller, deferred Case 07SN0312 until July 25, 2007. the Board Ayes: Miller, Humphrey, King, Sowder and Warren. Nays: None. Mrs. Humphrey stated there are numerous public hearings scheduled tonight that are unrelated to zoning matters. She stated Mr. Miller has granted her request to move ahead on the Greenacres zoning case at this time. She provided the text of the three most important parameters that the community had requested to be included in the zoning case: 1) a waiver to street connectivitYj 2) a Plan amendment relative to the east/west connector; and 3) a cap on the number of building permits. She stated these issues have been addressed and inquired whether there was anyone still in opposition t:o the zoning request. ---" In response to a member of the audience's question, Mrs. Humphrey st~ated all of the parameters requested by the community have now been included in the zoning request and Plan amendment. Mrs. Humphrey requested that the Board consider Case 06SN0335 at this time. 07-607 06/27/07 Mr. Turner stated it would be appropriate for the Board to hold the public hearing and take action on the amendment to the Thoroughfare Plan in the vicinity of the Brandy Oaks Subdivision prior to considering Case 06SN0335. Mr. Miller stated the Board will consider the Thoroughfare Plan amendment at this time. 16.G. TO CONSIDER AMENDMENT TO THE THOROUGHFARE PLAN IN THE VICINITY OF THE BRANDY OAKS SUBDIVISION Mr. McCracken stated this date and time has been advertised for a public hearing for the Board to consider an amendment to the Thoroughfare Plan in the vicinity of the Brandy Oaks Subdivision. He noted that the amendment was proposed in response to citizen concerns expressed during discussion of the Greenacres zoning case. He stated staff recommends approval of the amendment, indicating that it will address community concerns and still provide a good transportation system. Mr. Miller called for public comment. Ms. Beth Claypoole, a resident of Brandy Oaks, provided the Board with a petition from the residents of Brandy Oaks, Section 8, in support of the proposed amendment. She commended staff on working with the residents to address their transportation concerns. There being no one else to speak to the amendment, the public hearing was closed. Mrs. Humphrey stated, when the Greenacres zoning case first came to the Board six months ago, it had significant secondary road impacts on the community. She further stated, after the case was remanded to the Planning Commission, the applicant agreed that a new alignment of the Thoroughfare Plan would better serve the residents. Mrs. Humphrey then made a motion, seconded by Mr. King, for the Board to approve an amendment to the Thoroughfare Plan, as shown on Exhibit D filed with the papers of this Board. Ayes: Miller, Humphrey, King, Sowder and Warren. Nays: None. 06SN0335 (Amended) In Matoaca Magisterial District, GREENACRES LIMITED PARTNERSHIP requests rezoning and amendment of zoning district map from Agricultural (A) to Residential (R-25) of 53.7 acres plus an amendment to zoning (Case 89SN0357) on an adjacent 251 acre parcel zoned Residential (R-25) relative to access and transportation improvements. 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 at the southeastern terminus of Buncrana Lane approximately 230 feet southeast of Derryveach Drivel also fronting approximately 200 feet on the 07-608 06/27/07 south line of Donegal Drive approximately fifty (50) west of Donegal Terrace and fronting approximately 1,400 on the north line of Beach Road at Second Branch Road. IDs 734-658-8633; 736-655-5340; and 737-652-3153 and 4169. feet feet Tax Ms. Beverly Rogers presented a summary of Case 06SN0335 and stated the Planning Commission, on a vote of three to two, recommended denial of rezoning of the 5,4 -acre tract to R-25, noting that the rezoning category did not comply with the recommendations of the Southern and Western Area Plan, which suggest R-88 zoning. She further stated the Planning Commission also expressed concerns relative to the impact of the proposed development on schools, roads and other infrastructure. She stated staff recommends approval of the rezoning of the R-25 tract. She noted that, while the proposed R-25 zoning does not comply with the Plan, the applicant has agreed to densities that are consistent with the Plan. She stated the Planning Commission recommended denial of the amendment to the existing zoned R-25 tract relative to the "East/West Collector Road" and deletion of requirements related to road extensionE:i, indicating that the amendment failed to comply with the Board's policy regarding impacts on capital facilities. She further stated staff recommended approval of the amendment to the existing zoned R-25 tract, subject to the applicant addressing the impact on capital facilities consistent with the Board's policy, noting that the proposal conforms to the adopted Thoroughfare Plan just approved by the Board. She stated the Planning Commission indicated that, if the Board were inclined to approve the requests, it would be appropriate to grant the waiver to street connecti vi ty requirements. She further stated staff recommended denial of the waiver to street connectivity requirements, indicating that it would be best to evaluate that through the subdivision process. In response to Mr. Miller's question, Ms. Rogers stated staff did not support the amendment to the existing zoned R-25 tract because the Board's cash proffer policy indicates that when you bring an existing zoned property forward for amendment, the development is subject to current policy relative to impacts on capital facilities. Ms. Carrie Coyner, representing the applicant, stated they had worked extremely hard with the community and have reached a solution to provide a better area road network, to eliminate connections, and to address density issues. She requested the Board's approval. Mr. Miller called for public comment. No one came forward to speak to the request. On motion of Mrs. Humphrey, seconded by Mr. King, the Board approved Case 06SN0335 and accepted the following proffered conditions: THE FOLLOWING PROFFERS APPLY TO THE 53.7 ACRE PARCEL WITH TAX ID 734-658-8633: 1. Cash Proffer. The applicant, subdivider, or assignee(s) (the ".Applicant") shall pay the following to the County of Chesterfield prior to the issuance of a building permit for each dwelling unit for infrastructure 07-609 06/27/07 -- ----- -' improvements within the service district for the property: a. $15,600 per dwelling unit if paid prior to July 2006. At the time of payment, the $15,600 will allocated pro-rata among the facility costs follows: $5,331 for schools, $602 for parks recreation, $348 for library facilities, $8,915 roads, and $404 for fire stationsi or 1, be as and for b. The amount approved by the Board of Supervisors not to exceed $15,600 per dwelling unit prorated as set forth above and 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. If, upon the mutual agreement of the Transportation Department and the Applicant, the Applicant provides road improvements (the "Improvements"), other than the improvements identified in Proffered Condition 5, then the transportation component in this Proffered Condition shall be reduced by an amount not to exceed the cost to construct the Improvements so long as the cost is of equal or greater value than that which would have been collected through the payment(s) of the road component of the cash proffer as determined by the Transportation Department. Once the sum total amount of the cash proffer credit exceeds the cost of the Improvements, as determined by the Transportation Department, thereafter the Applicant shall commence paying the cash proffer as set forth in this Proffered Condition as adjusted for the credi t . For the purposes of this proffer, the costs, as approved by the Transportation Department, shall include, but not be limited to, the cost of right-of-way acquisition, engineering costs, costs of relocating utilities and actual costs of construction (including labor, materials, and overhead) ("Work") . Before any Work is performed, the Applicant shall receive prior written approval by the Transportation Department for the Improvements and any credit amount. d. Cash proffer payments purposes proffered or law. (B&M) shall be spent for the as otherwise permitted by 2. Timbering. Except for timbering approved by the Virginia State Department of Forestry for the purpose of removing dead or diseased trees, there shall be no timbering on the Property until a land disturbance permi t has been obtained from the Environmental Engineering Department and the approved devices have been installed. (EE) 3. Minimum lot size. The minimum lot size shall be 43,560 square feet (1 acre). (P) 4. Maximum Number of Lots. not exceed twenty-four The total number of lots shall (24). (P) 07-610 06/27/07 THE FOLLOWING PROFFERED CONDITIONS APPLY COUNTY TAX IDS 736-655-5340, 737-652-3153, 734-658-8633: TO CHESTERFIELD 73 7 - 6 52 - 4 16 9 and 5. East/West Collector a. In conjunction with recordation of the initial subdivision plat or within ninety (90) days of a written request by the Transportation Department, whichever occurs first, a sE~venty (70) foot wide right-of-way through the property for an "East/West Collector" shall be dedicated, free and unrestricted, to and for the benefit of Chesterfield County. The exact location of this right-of-way shall be approved by the Transportation Department. -- b. Prior to tentative subdivision plan approval, an access plan for the East/West Collector shall be submitted to and approved by the Transportation Department. Vehicular access from the property to the East/West Collector shall conform to the approved access plan. c. The developer shall be responsible for: 1) construction of two (2) lanes of the East/West Collector through the property, and 2) construction of right and left turn lanes along the East/West Collector at each approved public road intersection, based on Transportation Department st:andards. Prior to any construction plan approval, a phasing plan for these improvements shall be submitted to and approved by the Transportation Department. (T) .--/ (NOTE: This Proffered Condition supersedes Proffered Condition 1 in Case No 89SN0357. 6. There shall be no direct vehicular access to Buncrana Lane, Donegal Drive, or Thoreau Drive. (T) (NOTE: With the APPROVAL of this case, Proffered Conditions 1, 3 and 4 of Case 89SN0357 shall be deleted.) Ayes: Miller, Humphrey, King, Sowder and Warren. Nays: None. On motion of approved the requirement::; Drive. Mrs. Humphrey, seconded by Mr. King, the Board request for a waiver to street connecti vi ty to Buncrana Lane, Donegal Dri ve and Thoreau Ayes: Miller, Humphrey, King, Sowder and Warren. Nays: None. -- 06SN0234 (Amended) In Matoaca Magisterial District, ROBERT SOWERS requests rezoning and amendment of zoning district map from Agricultural (A) to Residential (R-12) with Conditional Use Planned Development to permit exceptions to Ordinance requirements. The density of such amendment will be 07-611 06/27/07 controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for single family residential use of 2.2 units per acre or less. This request lies on 220.2 acres fronting the north and south lines of Quailwood Road approximately 1,500 feet west of Bailey Bridge Road, also lying at the northern terminus of Holly View Parkway. Tax IDs 732-672-9726 and 733-673-8753. Ms. Rogers presented a summary of Case 06SN0234 and stated the Planning Commission and staff recommended approval of the rezoning and acceptance of the proffered conditions. She further stated staff recommended denial of the request for waiver to street connectivity requirements to Quailwood Road because the criteria for granting such relief could be better evaluated through the subdivision review process. She stated the Planning Commission recommended approval of the waiver to street connectivity requirements to Quailwood Road, indicating that the relief will minimize the impact on Quailwood Road residents. Mr. Jim Theobold, representing the applicant, stated the Planning Commission's recommendation is acceptable. He further stated the transportation issues have been resolved with Transportation staff and the proffered conditions guarantee a quality development. He stated the residents of Quailwood Road have requested that a connection not be made and noted that there are several other road connections proposed for the development. Mr. Miller called for public comment. No one came forward to speak to the request. In response to Mrs. Humphrey's question, Mr. McCracken stated he is satisfied with the transportation component of the zoning request. On motion of Mrs. Humphrey, seconded by Mr. approved the request for a waiver requirements to Quailwood Road. Sowder, the Board to connectivity Ayes: Miller, Humphrey, King, Sowder and Warren. Nays: None. On motion of Mrs. Humphrey, seconded by Mr. Sowder, the Board approved Case 06SN0234 and accepted the following proffered conditions: ,- The property owners and applicant in this rezoning case, pursuant to Section 15.2-2298 of the Code of Virginia (1950 as amended) and the Zoning Ordinance of Chesterfield County, for themselves and their successors or assigns, proffer that the property under consideration will be developed according to the following proffers if, and only if, the rezoning request submitted herewith is granted with only those conditions agreed to by the owners and applicant. In the event this request is denied or approved with conditions not agreed to by the owners and applicant, the proffers shall immediately be null and void and of no further force or effect. 1. Master Plan. The Textual Statement dated March 19, 2007 shall be the Master Plan. (P) 07-612 06/27/07 2. Timbering. Except for the timbering approved by the Virginia State Department of Forestry for the purpose of removing dead or diseased trees, there shall be no timbering on the Property until a land disturbance permit has been obtained from the Environmental Engineering Department and the approved devices have been installed. (EE) 3 . Utilities. The public water and wastewater systems shall be utilized. (U) ,- 4. Cash Proffer. In addition to the Transportation Contribution described in Proffered Condition 11, the applicant, builder, subdivider, developer or assignee(s) (the "Applicant") shall pay the following to the County of Chesterfield prior to the issuance of each building permit for infrastructure improvements within the service district for the property: b. a. I:E payment is made prior to July 1, 2007, $6,685.00 pler dwelling unit. At time of payment, the $6,685.00 will be allocated pro-rata among the facility costs as follows: $602.00 for parks and recreation, $348.00 for library facilities1 $13,331. 00 for schools, and $404.00 for fire stationsi or If payment is made after June 30, 2007 the amount approved by the Board of SupE:rvisors not to exceed $6,685.00 per dwelling unit pro-rated as set forth in Proffered Condition 4. a. above 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. .- c. Provided, however, that if any building permits issued on the property are for senior housing, as dlefined in the proffer on age-restriction, the Applicant shall pay, in addition to the Transportation Contribution described in Proffered Condition 11, $1,354.00 per dwelling unit if paid prior to July 1, 2007, or the amount approved by the Board of Supervisors, not to exceed $1,354.00 pier dwelling unit as adjusted upward by any increase in the Marshall and Swift Building Cost Index between July 1, 2006 and July 1 of the fiscal year in which the payment is made if paid after June 30, 2007. At the time of payment, the $1,354.00 will be allocated pro-rata among the facility costs as follows: $602.00 for parks and recreation, $348.00 for library facilities, and $,11:04 for fire stations. Payments in excess of $1,354.00 shall be prorated as set forth above. .- d. shall be spent for the as otherwise permitted by Cash proffer payments purposes proffered or law. Should Chesterfield County impose impact fees at any time during the life of the development that are applicable to the property, the amount paid in cash proffers shall be in lieu of or credited 07-613 06/27/07 toward, but not in addition tOr any impact fees, in a manner as determined by Chesterfield County. (B&M) 5. Age Restriction. Except as otherwise prohibited by the Virginia Fair Housing Law, the Federal Fair Housing Act, and such other applicable federal, state or local legal requirements, dwelling units designated as age- restricted shall be restricted to "housing for older persons" as defined in the Virginia Fair Housing Law and no persons under 19 years of age shall reside therein. Any lots for age-restricted dwelling units shall be grouped together on a particular portion of the Property and shall not be scattered among other residential units. At the time of recordation of a subdivision plat or the approval of any site plan, the lots shall be noted as age-restricted. Any site plan for age- restricted dwelling units shall also note the restriction. (B&M) 6. Density. The total number of residential dwelling units on the Property shall not exceed 2.2 residential units per acre. (P) 7. Elevations Incident to Dam Inundation Area. The lowest ground elevation at the foundation of homes shall be at or above the dam failure limits. (EE) 8. No Sole Access. At the time of complete development, no lots shall have sole vehicular access through Spring Trace or Cameron Bay Subdivisions. (P) 9. Right of Way Dedication. In conjunction with recordation of the initial subdivision plat, a seventy (70) foot wide right-of-way for a north/south collector (the "Collector") from Holly View Parkway to the northern property line shall be dedicated, free and unrestricted, to and for the benefit of Chesterfield County. The exact location of this right-of-way shall be approved by the Transportation Department. (T) 10. Access Plan. Prior to any tentative subdivision approval, an access plan for the Collector shall be submitted to and approved by the Transportation Department. Vehicular access from the property to the Collector shall conform to the approved access plan. (T) 11. Transportation Contribution. The Applicant shall pay to Chesterfield County prior to the issuance of each building permit the amount of $8/915.00. If these amounts are paid after June 30, 2007, the amount paid shall be adjusted upward by any board of Supervisors' approved 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. a. The Transportation Contribution shall be used to construct the road improvements described in Proffered Condition 12. c. (the "Bridge") or if not constructed, as may otherwise be permitted by law. For purposes of this proffer, the costs to construct the Bridge shall include, but not be limited to, the cost of right-of -way acquisition, 07-614 06/27/07 12. costs of relocating utilities and actual costs of construction (including labor, materials, engineering, cost of wetlands/stream mitigation and overhead) ("Work") all of which shall be approved in writing by the Transportation Department before any Work is performed. b. During construction of the Bridge by the Applicant and upon receiving written request (s) for payment from the Applicant with supporting documentation of the Work completed by the Applicant, as determined by the Transportation Department, Chesterfield County shall periodically make payments, subject to appropriation of funds, to the Applicant that had the Work performed or credit against the future cash proffer payment for costs of the Work so long as the total payments and/or credits are not greater in value than that which has been collected in Transportation Contributions or the cost of the Work completed, whichever is less. Such payments shall be made within thirty (30) days of receipt of a request with the required documentation and will be made no more frequently than once per month. ('1') -' Transportation roadway system, the following: Improvements. To provide an adequate the Applicant shall be responsible for a. Construction of additional pavement Bridge Road at Holly View Parkway to and right turn lanes. along Bailey provide left ~ b. Construction of a two-lane road for the Collector, to VDOT Urban Collector (40 MPH) standards with modifications approved by the Transportation DE~partment, from the current terminus of Holly View Parkway, north through the property to the Resource Protection Area ("RPA") of Swift Creek. c. Construction of a two-lane road for the Collector, to VDOT Urban Collector (40 MPH) standards with modifications approved by the Transportation Department, from the southern RPA line of Swift Creek on the property to Brad McNeer Parkway, including: i. ) addi tional pavement along the Collector to provide a three-lane typical section (i. e. , one (1) southbound lane and two (2) northbound lanes) at its intersection with Brad McNeer Parkway. The exact length of this improvement, which is approximately 1,000 feet, shall be approved by the Transportation Departmenti ii) additional pavement along Brad McNeer Parkway at the Collector intersection to provide left and right turn lanes; and iii) traffic signalization of the Brad McNeer Parkway/Collector intersection, if warranted as determined by the Transportation Department. ,-,,< d. Construction of right and left turn lanes along the Collector at each approved access[ if warranted based on Transportation Department standards. 07-615 06/27/07 e. Dedication to Chesterfield County, free and unrestricted, of any additional right-of-way (or easements) required for the improvements identified above. In the event the Applicant is unable to acquire the "off-site" right-of-way that is necessary for the road improvements described in Proffered Conditions 12.a. and c., the Applicant may request, in writing, that the Chesterfield 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 Applicant but reimbursed as set forth in Proffered Condition 11. In the event Chesterfield County chooses not to assist the Applicant in acquisition of the "off-site" right-of-way, the Applicant shall be relieved of the obligation to acquire the "off-site" right-of-way and shall provide the road improvements within available right-of-way as determined by the Transportation Department. (T) 13. Phasing Plan. Prior to any construction plan approval, a phasing plan for the required road improvements as identified in Proffered Condition 12, shall be submitted to and approved by the Transportation Department. The approved phasing plan shall require that prior to recordation of more than a cumulative total of two hundred (200) lots the road improvements described in Proffered Conditions 12.a., b., and c. shall be completed, as determined by the Transportation Department. (T) Ayes: Miller, Humphrey, King, Sowder and Warren. Nays: None. Mrs. Humphrey excused herself from the meeting. 07SN0311 In Bermuda Magisterial District, EMERSON COMPANIES LLC requests rezoning and amendment of zoning district map from Agricultural (A) to Neighborhood Business (C-2). The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for neighborhood mixed use uses. This request lies on 2.5 acres located in the northwest quadrant of the intersection of Meadowville Road and Rivers Bend Boulevard. Tax ID 815-653-0571. Ms. Rogers presented a summary of Case 07SN0311 and stated the Planning Commission recommended approval and acceptance of the proffered conditions, indicating that the proposed uses are consistent with area development. She stated staff recommended denial because the proposed zoning and land uses do not conform to the Consolidated Eastern Area Plan. Ms. Carrie Coyner, representing the Planning Commission's recommendation further stated the applicant worked address their concerns relative to property and transportation. applicant, stated the is acceptable. She wi th the communi ty to uses of the subject 07-616 06/27/07 Mr. Miller called for public comment. No one came forward to speak to the request. On motion of Mr. King f seconded by Mr. Warren1 the Board approved Case 07SN0311 and accepted the following proffered conditions: The Contract Purchaser-Applicant in this zoning case, pursuant to Section 15.2-2298 of the Code of Virginia (1950 as amended) and the Zoning Ordinance of Chesterfield County, for itself and its successors or assigns, proffers that the development of the properties known as Chesterfield County Tax ID 815-.653-0571 from A to C-2 will be developed as set forth below; however, in the event the request is denied or approved with conditions not agreed to by the Applicant, these proffers and conditions shall be immediately null and void and of no further force or effect. 1. Timbering. Except for the timbering approved by the Virginia State Department of Forestry for the purpose of removing dead or diseased trees, there shall be no timbering on the Property until a land disturbance permit has been obtained from the Environmental Engineering Department and the approved devices have been installed. (EE) 2. Transportation. Dedications/Recordation. Prior to any site plan approval or within ninety (90)days of a written request by the Transportation Department, whichever occurs first, forty-five (45) feet of right of way adjacent to the property, measured from a revised centerline for Meadowville Road based on VDOT Urban Minor Arterial (50 mph) standards, with any modifications approved by the Transportation Department, shall be dedicated free and unrestricted, to and for the benefit of Chesterfield County. Access. Direct vehicular access from the property to Meadowville Road shall be limited to one (1) entrance/ exi t. The exact location of this access shall be approved by the Transportation Department. (T) Road Improvements. Prior to the issuance of any certificates of occupancy, the developer shall construct additional pavement along Meadowville Road at the approved access to provide right and left turn lanes, based on Transportation Department standards, if the developer and the Transportation Department mutually agree that the improvements can be used as part of a future realignment of Meadowville Road. ( T) 07-617 06/27/07 -- -- -' 3. The (a) (b) (c) (d) ( e) (f) ( g) following uses shall not be permitted: Coin-operated dry cleaning i pressing; laundromati gasoline salesj cash checking servicesi automotive self service stationsj communication towers; hospitalsi funeral homes or mortuaries. (P) laundry and 4. No use shall be open to the public between 11:00 p.m. to 6:00 a.m. (P) 5. All uses, including storage, shall be conducted entirely within an enclosed building, except for accessory automobile parking, loading or unloading facilities and permitted outside display of merchandise for sale per Section 19-156(b) of the Zoning Ordinance. (P) Ayes: Miller, King, Sowder and Warren. Nays: None. Absent: Humphrey. Mr. Miller requested a ten-minute recess. Reconvening: Mrs. Humphrey returned to the meeting. 16. PUBLIC HEARINGS 16.A. TO CONSIDER AN ORDINANCE TO ESTABLISH THE "IRONWOOD ROAD SEWER ASSESSMENT DISTRICT" Senior Engineer Randy Phelps stated this date and time has been advertised for a public hearing for the Board to consider an ordinance to establish the "Ironwood Sewer Assessment District." Mr. Miller called for public comment. No one came forward to speak to the issue. On motion of Mr. Warren, seconded by Mrs. Humphrey, the Board adopted the following ordinance establishing the "Ironwood Road Sewer Assessment District": AN ORDINANCE CREATING THE IRONWOOD ROAD SPECIAL TAX OR ASSESSMENT SEWER DISTRICT, IMPOSING ASSESSMENT AGAINST LAND OWNERS IN THE DISTRICT AND PROVIDING FOR SUSPENSION OF PAYMENT FOR CERTAIN ELDERLY OWNERS BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That the Ironwood Road Special Tax or Assessment Sewer District is created as follows: 07-618 06/27/07 Section 1. Definitions. In the context of this ordinance, the following words shall have the following meaning: District: The Ironwood Road Special Tax or Assessment Sewer District. Map of the District: The map entitled "Ironwood Road Sewer Assessment District" prepared by the County Department of Utilities, which map is on file with the director of utilities. ----' Section 2. Establishment of the Ironwood Road Special Tax or Assessment Sewer District. Pursuant to Code of Virginia, Section 15.2-2404 et seq., there is hereby created in the county the Ironwood Road Special Tax or Assessment Sewer District. The area of the district shall be and the same is hereby fixed within the boundaries depicted on the map of the district. Section 3. Construction of certain sewer facilities in and adjacent to the district. The utilities department shall cause to be constructed in and adjacent to the district the sewer line and appurtenant facilities depicted on the map of the district. Section 4. Taxes or assessments upon owners of property located within the district. '- The cost of construction of the sewer line and appurtenant facilities located within the district shall be apportioned among the owners of property abutting the sewer line. The amount of the tax or assessment charged to each such owner shall be one twelfth (1/12) of the total cost of the improvements constructed wi thin the district, including the legal, financial and other directly attributable costs incurred by the County. The one twelfth (1/12) charge shall be assessed against each lot located in the district. The amount finally taxed or assessed against each landowner shall be reported to the treasurer as soon as practicable after completion of the sewer line and appurtenant facilities located within the district, and the treasurer shall enter the same as provided for other taxes. Section 5. Installment payment of assessments. Any person against whom an assessment provided for in this article has been finally made shall pay the full amount of the assessment provided for in this article, on the due date of the first tax bill on which such assessment is shown. In no event, however, shall any part of the assessment be due prior to the completion of the sewer line and appurtenant facilities constructed pursuant to this article. As an alternative to payment as provided above, a person against whom an assessment provided for in this article has been made may pay such assessment in forty (40) equal semiannual principal installments over a period of twenty (20) years 1 together with simple interest on the unpaid principal balance at an annual rate equal to the index of average yield on United Stat:es Treasury Securities adjusted to a constant -- 07-619 06/27/07 maturity of one year as made available by the Federal Reserve Bank on the date when this ordinance was adopted. The first of such installments shall be due on and interest on the unpaid principal balance shall accrue from the date on which the full amount of the assessment would otherwise have been due as provided above. Section 6. Suspension of payment of assessments. Payment of assessments otherwise due under this ordinance shall be suspended for any owner who owned property on the day the ordinance creating the assessment district was adopted and who occupies a residential building located on the property and is 65 years of age or older. However when the property is no longer occupied by a person who is 65 years of age or older or is conveyed to another person or persons, irrespective of the age of the person or persons to whom the property is conveyed, the suspension of payments shall cease and the entire assessment, including accrued interest, shall be immediately due and payable. It shall be the obligation of any such owner to provide a driver's license or other photo identification establishing proof of age satisfactory to the director of utilities in order for such suspension to become effective. Section 7. This ordinance shall not be set out in the County Code but shall be kept on file in the office of the director of utilities. (2) This ordinance shall be in effect immediately upon its adoption. And, further, the Board appropriated funds in the amount of $86,856 for the project from the sewer fund balance, and set the interest rate for the district at 4.95 percent. Ayes: Miller, Humphrey, King, Sowder and Warren. Nays: None. 16.B. TO CONSIDER AN ORDINANCE TO ESTABLISH THE "IRONWOOD ROAD WATER ASSESSMENT DISTRICT" Mr. Phelps stated this date and time has been advertised for a public hearing for the Board to consider an ordinance to establish the "Ironwood Road Water Assessment District." Mr. Miller called for public comment. No one came forward to speak to the issue. On motion of Mr. Warren, seconded by Mrs. Humphrey, the Board adopted the following ordinance establishing the "Ironwood Road Water Assessment District": AN ORDINANCE CREATING THE IRONWOOD ROAD SPECIAL TAX OR ASSESSMENT WATER DISTRICT, IMPOSING ASSESSMENT AGAINST LAND OWNERS IN THE DISTRICT AND PROVIDING FOR SUSPENSION OF PAYMENT FOR CERTAIN ELDERLY OWNERS 07-620 06/27/07 BE IT ORDAINED by the Chesterfield County: Board of Supervisors of (1) That the Ironwood Road Special Tax or Assessment Water District is created as follows: Section 1. Definitions. In the context of this ordinance, the following words shall have the following meaning: ..-' District: District. Ironwood Road Special Tax or Assessment Water Map of the District: The map entitled "Ironwood Road Water Assessment District" prepared by the County Department of Utilities, which map is on file with the director of utilities. Section 2. Establishment of the Ironwood Road Special Tax or Assessment Water District. Pursuant to Code of Virginia, Section 15.2-2404 et seq., there is hereby created in the county the Ironwood Road Special Tax or Assessment Water District. The area of the district shall be and the same is hereby fixed within the boundaries depicted on the map of the district. Section 3. Construction of certain water facilities in and adjacent to the district. The utili ties department shall cause to be constructed in and adjacent to the district the water line and appurtenant facilities depicted on the map of the district. ~ Section 4. Taxes or assessments upon owners of property located within the district. The cost of construction of the water line and appurtenant facilities located within the district shall be apportioned among the owners of property abutting the water line. The amount of the tax or assessment charged to each such owner shall be one ninth (1/9) of the total cost of the improvements constructed wi thin the district, including the legal, financial and other directly attributable costs incurred by the County. The one ninth (1/9) charge shall be assessed ag'ainst each lot located in the district. The amount fina11y taxed or assessed against each landowner shall be reported to the treasurer as soon as practicable after completion of the water line and appurtenant facilities located within the district, and the treasurer shall enter the same as provided for other taxes. Section 5. Installment payment of assessments. ---. Any person against whom an assessment provided for in this article has been finally made shall pay the full amount of the assessment provided for in this article, on the due date of the first tax bill on which such assessment is shown. In no event, however, shall any part of the assessment be due prior to the completion of the water line and appurtenant facilities constructed pursuant to this article. As an al ternati ve to payment as provided above I a person against 07 - 621 06/27/07 ,- whom an assessment provided for in this article has been made may pay such assessment in forty (40) equal semiannual principal installments over a period of twenty (20) years, together with simple interest on the unpaid principal balance at an annual rate equal to the index of average yield on United States Treasury Securities adjusted to a constant maturity of one year as made available by the Federal Reserve Bank on the date when this ordinance was adopted. The first of such installments shall be due on and interest on the unpaid principal balance shall accrue from the date on which the full amount of the assessment would otherwise have been due as provided above. Section 6. Suspension of payment of assessments. Payment of assessments otherwise due under this ordinance shall be suspended for any owner who owned property on the day the ordinance creating the assessment district was adopted and who occupies a residential building located on the property and is 65 years of age or older. However when the property is no longer occupied by a person who is 65 years of age or older or is conveyed to another person or persons, irrespective of the age of the person or persons to whom the property is conveyed, the suspension of payments shall cease and the entire assessment, including accrued interest, shall be immediately due and payable. It shall be the obligation of any such owner to provide a driver's license or other photo identification establishing proof of age satisfactory to the director of utilities in order for such suspension to become effective. Section 7. This ordinance shall not be set out in the County Code but shall be kept on file in the office of the director of utilities. (2) This ordinance shall be in effect immediately upon its adoption. And, further, the Board appropriated funds in the amount of $31,689 for the project from the water fund balance, and set the interest rate for the district at 4.95 percent. Ayes: Miller, Humphrey, King, Sowder and Warren. Nays: None. 16.C. TO CONSIDER THE EXERCISE OF EMINENT DOMAIN FOR THE ACQUISITION OF RIGHT-OF-WAY, TEMPORARY AND PERMANENT CONSTRUCTION EASEMENTS, PERMANENT DRAINAGE EASEMENTS, AND UTILITY EASEMENTS FOR THE ROUTE 10 WIDENING PROJECT FROM I-95 TO WARE BOTTOM SPRING ROAD Mr. Stith stated this date and time has been advertised for a public hearing for the Board to consider the exercise of eminent domain for the acquisition of right-of-way, temporary and permanent construction easements, permanent drainage easement, and utility easements for the Route 10 Widening Project from I-95 to Ware Bottom Spring Road. Mr. Miller called for public comment. 07-622 06/27/07 No one came forward to speak to the issue. On motion of Mr. King, seconded by Mr. Miller, the Board approved the exercise of eminent domain for the acquisition of right-of-way, temporary and permanent construction easements, permanent drainage easements, and utility easements for the Route 10 Widening Project from I-95 to Ware Bottom Spring Road, from the following property owners: 95- 10 Development LC, PIN: 802654491700000, 2101 West Hundred Road; Hospitality Associates, Incorporated, PIN: 802654860900000, 2001 West Hundred Roadi Chesterfield Associates, Incorporated, PIN: 803654190900000, 1911 West Hundred Road; BNE Restaurant Group IV, LLC, PIN: 803654430600000, 1901 West Hundred Roadi Shamin Chester HMWD, LLC, PIN: 803653096800000, 12810 Old Stage Roadj Old Stage Properties, LLC, PIN: 803653763200000, 12911 Old Stage Road and PIN: 803653751300000, 1810 Ware Bottom Spring Road; Shamin Land Holding1 LLC, PIN: 803653864600000, 12905 Old Stage Roadi The West Hundred Property, LP, PIN: 805654531200000, 1700 West Hundred Road and PIN: 805654111500000, 1710 West Hundred Roadi S.E.T.K.O., LLC, PIN: 805653093200000, 1601 West Hundred Road; and Ninth Street Properties, PIN: 806653222400000, 1509 West Hundred Road. Ayes: Miller, Humphrey, King, Sowder and Warren. Nays: None. 16.D. TO CONSIDER THE RESTRICTION OF THROUGH TRUCK TRAFFIC ON OLD HAPPY HILL ROAD Mr. Stith stated this date and time has been advertised for a public hearing for the Board to consider the restriction of through truck traffic on Old Happy Hill Road from Branders Bridge Road to Happy Hill Road. Mr. Miller called for public comment. Mr. George Beadles expressed concerns relative to the Board continuously restricting through truck traffic in various areas of the county. There being no one else to speak to the issue, the public hearing was closed. On motion of Mr. King, seconded by Mr. Warren, the Board adopted the following resolution: WHEREAS, the Chesterfield County Board of Supervisors received a request to restrict any through truck or truck and trailer or semi-trailer combination except pickup or panel trucks from, using Old Happy Hill Road (Route 4964) from Branders Bridge Road (Route 625) to Happy Hill Road (Route 619); and '- WHEREAS, the recommended alternate route is Branders Bridge Road (Route 625) and Happy Hill Road (Route 619) i and WHEREAS, the Board has conducted a public hearing on the restriction. 07-623 06/27/07 NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors requests the Virginia Department of Transportation to restrict through truck traffic on Old Happy Hill Road (Route 4964) from Branders Bridge Road (Route 625) to Happy Hill Road (Route 619). Ayes: Miller, Humphrey, King, Sowder and Warren. Nays: None. 16.E. TO CONSIDER THE RESTRICTION OF THROUGH TRUCK TRAFFIC ON BERMUDA HUNDRED ROAD Mr. Stith stated this date and time has been advertised for a public hearing for the Board to consider the restriction of through truck traffic on Bermuda Hundred Road from Kingston Avenue to Meadowville Road. Mr. Miller called for public comment. Mr. George Beadles expressed concerns relative to the Board continuously restricting through truck traffic in various areas of the county. There being no one else to speak to the issue, the public hearing was closed. On motion of Mr. King, seconded by Mrs. Humphrey, the Board adopted the following resolution: WHEREAS, the Chesterfield County Board of Supervisors received a request to restrict any through truck or truck and trailer or semi-trailer combination except pickup or panel trucks from using Bermuda Hundred Road (Route 697) from Kingston Avenue (Route 4841) to Meadowville Road (Route 618) i and WHEREAS, the recommended alternate route is Rivers Bend Boulevard (Route 4840), Route 10, and Kingston Avenue (Route 4841) i and WHEREAS, the Board has conducted a public hearing on the restriction. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors requests the Virginia Department of Transportation to restrict through truck traffic on Bermuda Hundred Road (Route 697) from Kingston Avenue (Route 4841) to Meadowville Road (Route 618). Ayes: Miller, Humphrey, King, Sowder and Warren. Nays: None. 16.F. TO CONSIDER THE PROPOSED AMENDMENT TO SECTION 19-227 OF THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED, PERTAINING TO THE SALE OF ALCOHOLIC BEVERAGES NEAR SCHOOLS, RESIDENTIALLY ZONED PROPERTY, DAY CARE CENTERS, CHURCHES AND OTHER PLACES OF WORSHIP Planning Administrator Carl Schaludt stated this date and time has been advertised for a public hearing for the Board to consider a proposed amendment to Section 19-227 of the 07-624 06/27/07 County Code pertaining to the sale of alcoholic beverages near schools, residentially zoned property, day care centers, churches and other places of worship. He further stated the proposed amendment would expand the requirement for a use permit to all property located within 500 feet of schools, day care centers, churches and or other place of worship, and residentially zoned property. He stated the Planning Commission, on a vote of four to one, recommended denial of the proposal. Mr. Miller stated, for several reasons, he wants to defer consideration of this amendment for 90 days to allow time for the parties with a vested interest and staff to work together to improve t:he ordinance. .-.-/ Mr. Miller then made a motion, seconded by Mr. King, for the Board to de:Eer consideration of the amendment to Section 19- 227 of the County Code pertaining to the sale of alcoholic beverages near schools, residentially zoned property, day care centers, churches and other places of worship until September 26, 2007. Mr. King thanked Mr. Miller for his willingness to revisit this issue with the business community. Mr. Miller called for public comment relative to the deferral. Mr. George Beadles stated, although a deferral might be in order, he t:hinks those in attendance should be allowed to present their views tonight so that the Board and staff will have the benefit of this information during the deferral period. He further stated he is pleased that the Planning Commission will not be considering this issue again. There being no one else to speak to the deferral, the public hearing was closed. Mrs. Humphrey stated each district has unique circumstances wi th changing zoning, and the dynamics of serving alcohol publicly is a component of some of these changes, which needs to be discussed by the Board. She further stated the business community should be included in these discussions. She stated she supports a 90-day deferral. Mr. Miller stated he hopes that in 90 days, the proposed ordinance will be different from today. He further stated he understands the concerns of the business community, but he also understands the impact of alcohol on our society, and especially our youth. Mr. Sowder expressed appreciation recognizing the possibility of the address underage drinking. to Mr. Miller Board attempting for to '-.' Mr. Miller then called for a vote on his motion, seconded by Mr. King, for the Board to defer consideration of the amendment to Section 19-227 of the County Code pertaining to the sale of alcoholic beverages near schools, residentially zoned property, day care centers churches and other places of worship until September 26, 2007. Ayes: Miller, Humphrey, King, Sowder and Warren. Nays: None. 07-625 06/27/07 16.H. TO CONSIDER REVISIONS TO THE SCHOOL BOARD FY2007 CAPITAL IMPROVEMENT PROGRAM APPROPRIATIONS Mr. Carmody stated this date and time has been advertised for a public hearing for the Board to consider revisions to the School Board FY2007 Capital Improvement Program appropriations. Mr. Miller called for public comment. No one came forward to speak to the issue. On motion of Mr. King, seconded by Mrs. Humphrey, the Board increased the appropriations in the School Capital Improvement Program by $3,188,100 for technology projects ($39,000 from the School Grants Fund) 1 for debt service ($149,100 from interest earnings), and for air conditioning work at Meadowbrook High School ($3,000,000 from School CIP Reserve) . And, further, the Board transferred $149,100 from the School Capi tal Improvements fund to the School Operating fund for debt service. ~ Ayes: Miller, Humphrey, King, Sowder and Warren. Nays: None. 16.I. TO CONSIDER ADOPTION OF AN ORDINANCE CREATING THE POWHITE PARKWAY EXTENSION WEST SERVICE DISTRICT FOR ROAD CONSTRUCTION IMPROVEMENTS TO SERVE MAGNOLIA GREEN Mr. Stegmaier stated, earlier this year, the Board scheduled a public hearing on a proposed powhite Parkway Extension West Service District in the Magnolia Green Subdivision. He further stated, after the Board had agreed to advertise the public hearing, the developer of Lower Magnolia Green came forward with an alternative proposal - an ordinance to create the Lower Magnolia Green Community Development Authority, which will impose an assessment on the development to fund a CDA, which would allow the construction of an improved Otterdale and Woolridge Road network. He stated staff has met with the developer on numerous occasions, and a petition has been received from the developer in a form that staff believes is beneficial to the county to move forward and establish the community development authority. He further stated staff is requesting that the Board cancel the public hearing to consider creating the powhite Parkway Extension West Service District and schedule a public hearing for August 22, 2007 to consider an ordinance to create the Lower Magnolia Green Community Development Authority. He noted the proposal from the developer is very beneficial and will allow for the completion of improvements to Woolridge and Otterdale Roads much sooner than the other available alternatives. He stated the proposal allows for improvements being paid for by the new development, rather than the cost being imposed on county taxpayers, and it allows the Board to address a transportation "hot spot." He further stated improvements along Route 360 in the vicinity of Lower Magnolia Green have also been added to the CDA, indicating that it is a very good proposal overall. 07-626 06/27/07 Mr. Miller called for public comment. No one came forward to speak to the issue. On motion of Mr. King, seconded by Mrs. Humphrey, the Board canceled the public hearing to consider creating the powhite Parkway Extension West Service District for road construction improvements to serve Magnolia Green. Ayes: Miller, Humphrey, King, Sowder and Warren. Nays: None. ,,./ Mrs. Humphrey made a motion, seconded by Mr. King, for the Board to set the date of August 22, 2007 at 6:30 p.m. for a public hearing for the Board to consider an ordinance to create the Lower Magnolia Green Community Development Authority. It was generally agreed that staff would take measures to inform the public about the proposal and answer any questions they may have prior to the public hearing. Mr. Miller called for a vote on the motion of Mrs. Humphrey, seconded by Mr. King, for the Board to set the date of August 22, 2007 at 6:30 p.m. for a public hearing for the Board to consider an ordinance to create the Lower Magnolia Green Community Development Authority. Ayes: Miller, Humphrey, King, Sowder and Warren. Nays: None. "..../' 16.J. TO CONSIDER AN ORDINANCE TO VACATE A PORTION OF A SIXTEEN-FOOT DRAINAGE EASEMENT ACROSS LOT 18, GILRITCHIE, SECTION 2 Mr. Stith stated this date and time has been advertised for a public hearing for the Board to consider an ordinance to vacate a portion of a 16 - foot drainage easement across Lot 18, Gilritchie, Section 2. Mr. Miller called for public comment. No one came forward to speak to the ordinance. On motion of Mrs. Humphrey, seconded by Mr. Sowder, the Board adopted the following ordinance: AN ORDINANCE whereby the COUNTY OF CHESTERFIELD, VIRGINIA, ("GRANTOR") vacates to JAMES B. MASON, JR. and RACHEL G. MASON, ("GRANTEE"), a portion of a 16' drainage easement across Lot 18, Gilritchie Subdivision, Section 2, MATOACA Magisterial District, Chesterfield County, Virginia, as shown on a plat thereof duly recorded in the Clerk 's Office of the Circuit Court of Chesterfield County in Plat Book 77, at Page 70. .-,.-.>"'. WHEREAS, JAMES B. MASON, JR. and RACHEL G. MASON, petitioned the Board of Supervisors of Chesterfield County, Virginia to vacate a portion of a 16' drainage easement across Lot 18, Gilritchie Subdivision, Section 2, MATOACA 07-627 06/27/07 Magisterial District, Chesterfield County, Virginia more particularly shown on a plat of record in the Clerk's Office of the Circuit Court of said County in Plat Book 77, Page 70, by CHARLES C. TOWNES & ASSOCITES, P.C., dated MAY 10, 1991, recorded FEBRUARY 7, 1992. The portion of easement petitioned to be vacated is more fully described as follows: A portion of a 16 I drainage easement, across Lot 18, Gilritchie Subdivision, Section 2, the location of which is more fully shown on a plat made by CHARLES C. TOWNES & ASSOCIATES, P.C., dated OCTOBER 21, 1997, a copy of which is attached hereto and made a part of this Ordinance. WHEREAS, notice has been given pursuant to Section 15.2- 2204 of the Code of Virginia, 1950, as amended, by advertising; and, WHEREAS, no public necessity exists for the continuance of the portion of easement sought to be vacated. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF SUPERVISORS OF CHESTERFIELD COUNTY, VIRGINIA: That pursuant to Section 15.2-2272 of the Code of Virginia, 1950, as amended, the aforesaid portion of easement be and is hereby vacated. This Ordinance shall be in full force and effect in accordance with Section 15.2-2272 of the Code of Virginia, 1950, as amended, and a certified copy of this Ordinance, together with the plat attached hereto shall be recorded no sooner than thirty days hereafter in the Clerk's Office of the Circuit Court of Chesterfield County, Virginia pursuant to Section 15.2-2276 of the Code of Virginia, 1950, as amended. The effect of this Ordinance pursuant to Section 15.2- 2274 is to destroy the force and effect of the recording of the portion of the plat vacated. This Ordinance shall vest fee simple title of the portion of easement hereby vacated in the property owners of Lot 18, Gilritchie Subdivision, Section 2 free and clear of any rights of public use. Accordingly, this Ordinance shall be indexed in the names of the COUNTY OF CHESTERFIELD as GRANTOR, and JAMES B. MASON, JR. and RACHEL G. MASON, or their successors in title, as GRANTEE. Ayes: Miller, Humphrey, King, Sowder and Warren. Nays: None. 16.K. TO CONSIDER THE LEASING OF SPACE ON THE COUNTY'S BON AIR TOWER Mr. Stith stated this date and time has been advertised for a public hearing for the Board to consider the leasing of space on the county's Bon Air Tower to T-Mobile. Mr. Miller called for public comment. 07-62a 06/27/07 Mr. Harmon clarified that the emergency communications tower water tower. lease involves space on the in Bon Air rather than the No one came forward to speak to the issue. On motion of Mr. Sowder, seconded by Mr. King, the Board approved the leasing of space on the county's Bon Air Tower to T-Mobile. Ayes: Miller, Humphrey, King, Sowder and Warren. Nays: None. -- 16.L. TO CONSIDER FY2007 YEAR-END ADJUSTMENTS Mr. King stated the year-end adjustments could impact to some degree the various business activities at the Airport. He further stated the business which he owns, King's Korner Enterprises, Incorporated, leases space from Dominion Aviation and operates the King's Korner Restaurant and catering business at the Airport, and the business' lease is to some degree dependent on maintaining uninterrupted traffic at the Airport. Mr. King then declared a conflict of interest under the Virginia Conflict of Interest Act and excused himself from the meeting. He stated, although he will not be participating in the consideration of this issue, he would like to speak to it as a business owner. Mr. Carmody stated this date and time has been advertised for a public hearing for the Board to consider FY2007 year-end adjustments. -' Mr. Miller called for public comment. Discussion ensued relative to additional revenues Revenue Recovery Program and other adjustments to Department's operating budget. from the the Fire Mr. R. M. "Dickie" King, speaking not on behalf of a Board member, but as a business owner at King's Korner Restaurant, referenced a situation several years ago when the county reimbursed him for losses at his restaurant as a result of interrupted business due to renovation of the Airport Terminal. He further stated Dominion Aviation Services would be in a similar situation as a result of the Airport Runway Rehabilitation Project. He requested that the Board consider directing staff to review any measurable losses that Dominion might incur as a result of interrupted business. Mr. Mike Michael, owner and operator of Dominion Aviation Services, stated, since he took over the FBO operation of the Airport from the county in 1991, the taxpayers' subsidy of the Airport, ranging from $40,000 to more than $200,000, ended. He further stated Dominion has operated at the Airport in partnership with the county, bringing in aircraft, jobs and a lot of business. He expressed concerns that losing portions of the runway will mean decreased jet fuel sales and stated he is disappointed that the project cannot be constructed at night. He requested that the Board provide Dominion with some relief during this time of interrupted business so that they can continue providing the county with a first-class aviation business. -- 07-629 06/27/07 Mr. C. L. Morrissette, Jr. stated, in his opinion, the Board should consider Dominion Aviation's request. There being no one else to speak to the issue, the public hearing was closed. Mr. Dane stated the proj ect has been delayed for several years. He further stated staff had hoped that the proj ect could be constructed at night, but the differential in the bids for the proj ect being constructed with half and half closure during the day or for primarily night construction was so large that the FAA would not participate in financing the approximate $1.5 million difference. He stated the project needs to be completed, indicating that the runway has been in need of rehabilitation for the past couple of years. He expressed concerns relative to the FAA's funding availability in future years. He stated, at this time, the only option that is funded is the half and half closure. He noted there are time constraints involved because the FAA will not provide any funding until the contract has been awarded, and asphalt work cannot be completed during the winter months. He stated, if the project is delayed and the FAA allocates its funding elsewhere, the available funding may be re-allocated to other facilities and we could be in jeopardy of the project not getting funded for several years. There was brief discussion relative to the possibility of other alternatives for the project. Mr. Dane stated staff inquired as to whether the FAA would allow the taxiway to be used as a runway, but it did not meet their standards. He further stated staff recommends that the Board proceed with approval of the project so that FAA funding is not lost. In response to Mr. Miller's question, Mr. Dane stated the project has been in the Capital Improvement Program for six to eight years, and in the FAA ACIP budget for five years. Mr. Warren inquired whether the renovation would result in improvements that could potentially generate additional air travel to the airport. Mr. Dane stated the project will result in substantial strengthening of the runway. He noted that a 2006 Virginia Department of Aviation study indicated that the Chesterfield Airport generates $89 million annually to the local regional economy. Mr. Miller stated there would be no business at the Airport without its FBO operator. He expressed concerns relative to the uncertainty of the amount of lost revenue that Dominion would incur as a result of the project. Mrs. Humphrey stated she will support the year-end adjustments because the project needs to be completed. She further stated the Board should instruct staff to assess the direct financial impact of the project on Dominion's business. She noted that Dominion Aviation is a part of the county's economic development structure. She stressed the importance of using the federal funding while it is available. 07-630 06/27/07 - Mr. Sowder stated the Chairman of the county's Airport Advisory Commission indicated to him yesterday that they are aware of the issue and recommended the Board's approval of the project. He further stated, in his opinion, it is important to move ahead with the project and would be prudent to open the door to communication with Dominion without making any commitment regarding the potential impact. Mrs. Humphrey made Board to approve adjustments. a motion, seconded by Mr. Sowder, for the the year-end revenue and expenditure -- Mr. Miller directed staff to participate in discussions with Dominion Aviation Services to determine whether there is a resolution to the issues brought forward during the public hearing. Mr. Miller called for a vote on the motion of Mrs. Humphrey, seconded by Mr. Sowder, for the Board to appropriate revenues and expenditures for specific programs as well as authorize reallocations among general fund departments and related funds as outlined in the papers of this Board on Schedule A. And, further, the Board appropriated revenues and expenditures and authorized other adjustments for specific programs, projects, and non-general fund departments as outlined in the papers of this Board on Schedule B. And, further, the Board authorized the County Administrator to reserve and appropriate into FY2008 unspent FY2007 appropriations as outlined in the papers of this Board on Schedule C, contingent upon positive results of operations wi thin individual departments and countywide, as determined by the county's financial audit. .-' Ayes: Nays: Absent: Miller, None. King. Humphrey, Sowder and Warren. Mr. King returned to the meeting. 16.M. TO CONSIDER THE EXERCISE OF EMINENT DOMAIN FOR THE ACQUISITION OF WATER AND TEMPORARY CONSTRUCTION EASEMENTS FOR THE SOUTHWEST CORRIDOR WATERLINE PROJECT - PART A Mr. Stith stated this date and time has been advertised for a public hearing for the Board to consider the exercise of eminent domain for the acquisition of water and temporary constructions easements for the Southwest Corridor Waterline Project - Part A. '-' Mr. Miller called for public comment. No one came forward to speak to the issue. On motion of Mrs. Humphrey, seconded by Mr. Miller, the Board authorized the County Attorney to proceed with eminent domain for the acquisition of water and temporary construction easements for the Southwest Corridor Waterline across the property of James F. Clayton, III and Cheryl D. Clayton, 9001 07-631 06/27/07 River Road, PIN: enter and take proceedings. 765611376700000, and authorized staff to such easements prior to eminent domain Ayes: Miller, Humphrey, King, Sowder and Warren. Nays: None. 17. REMAINING MANUFACTURED HOME PERMITS AND ZONING REQUESTS There were no remaining requests for manufactured home permits or zoning at this time. 1a. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED MATTERS No one had requested to address the Board at this time. 20 . ADJOURNMENT On motion of Mr. Miller, seconded by Mr. King, the Board adjourned at 9:14 p.m. to an undisclosed location for the purpose of interviewing candidates for the position of chief administrative officer during the next 15 days. (It is noted the next Board of Supervisors regular meeting is scheduled for July 25, 2007 at 3:00 p.m.) Ayes: Miller, Humphrey, King, Sowder and Warren. Nays: None. ''J''! .4 ~.;'; j, Lan B. Ramsey . d .. /":: County A mlnlstrat , I ,..1 . .r' '>. . , L .... ,...~, . ..>..;;;:".. ,.,/~.,~,. Kelly 'E. \Miller Chairman / 07-632 06/27/07