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2008-02-27 MinutesBOARD OF SUPERVISORS MIN[JTES February 27, 2008 Supervisors in Attendance: Mr. Daniel A. Gecker, Vice Chrm. Ms. Dorothy Jaeckle Mr. James "Jim" Holland Ms. Marleen K. Durfee Supervisor Absent: Mr. Arthur S. Warren, Chairman Mr. James J. L. Stegmaier County Administrator Staff in Attendance: Ms. Janice Blakley, Clerk to the Board Mr. Kevin Bruny, Dean, Chesterfield University Mr. Joe Campbell, Dir., Juvenile Detention Mr. Allan Carmody, Dir., Budget and Management Ms. Jana Carter, Dir., Juvenile Services Ms. Marilyn Cole, Asst. County Administrator Mr. Jonathan Davis, Dir., Real Estate Assessments Mr. Will Davis, Dir., Economic Development Ms. Rebecca Dickson, Dep. County Administrator, Human Services Ms. Deborah Dugger, Dir., Youth Group Home Colonel Thierry Dupuis, Police Department Mr. Robert Eanes, Asst. to the County Administrator Ms. Kelly Fried, Strategic Manager, Planning & Quality Ms. Karla Gerner, Dir., Human Resource Mgmt. Mr. Michael Golden, Dir., Parks and Recreation Mr. Lawrence C. Haake, III Registrar Mr. John W. Harmon, Right-of-Way Manager Mr. Russell Harris, Mgr. of Community Development Services Mr. Thomas E. Jacobson, Dir., Revitalization Mr. H. Edward James, Dir., Purchasing Mr. William E. Johnson, Deputy County Admin., Management Services Mr. Donald Kappel, Dir., Public Affairs Mr. Rob Key, Director, General Services Mr. Louis Lassiter, Dir., Internal Audit 08-120 02/27/08 Mr. Michael Likins, Coop. Extension Director Ms. Mary Lou Lyle, Dir., Accounting Mr. Mike Mabe, Dir., Library Chief Paul Mauger, Fire Department Mr. R. John McCracken, Dir., Transportation Mr. Richard M. McElfish, Dir., Env. Engineering Mr. Steven L. Micas, County Attorney Dr. William Nelson, Dir., Health Dept. Mr. Glen Peterson, Dir., Community Correction Services Ms. Sarah Snead, Dir. Of Social Services Mr. M. D. Stith, Jr., Deputy County Admin., Community Development Mr. Thomas Taylor, Dir., Block Grant Office Mr. Kirk Turner, Dir., Planning Mr. Gecker called the regularly scheduled meeting to order at 3:06 p.m. 1. APPROVAL OF MINUTES FOR FEBRUARY 13, 2008 On motion of Mr. Holland, seconded by Ms. Durfee, the Board approved the minutes of February 13, 2008, as submitted. Ayes: Gecker, Jaeckle, Holland and Durfee. Nays: None. Absent: Warren. 2. COUNTY ADMINISTRATOR'S COMMENTS 2.A. PRESENTATION REGARDING 2008 PRESIDENTIAL PRIMARY IN CHESTERFIELD COUNTY Mr. John Clifford, Chair of the Chesterfield county Electoral Board, stated the Electoral Board had underestimated the turnout of the 2008 Presidential Primary on February 12, 2008. He further stated for the November Presidential election the Registrars office will produce 190,000 ballots, which is the number of registered voters in Chesterfield County, and they will also increase the number of lines at each precinct. He stated the State Electoral Board of Elections approved the number of ballots prepared for the Presidential Primary and they did not recommend preparing additional ballots. He further stated there were enough ballots printed for the actual turnout of voters, although some precincts had a higher turnout than others. He commended the poll workers for their hard work. 08-121 ~.r~ 02/27/08 Mr. Holland stressed importance of maintaining the integrity of the election. He inquired why some people did not get to vote. In response to Mr. Holland's questions, Mr. Clifford explained the ballot order was increased twice prior to election day, and ballots were shifted to different precincts. He stated Chesterfield's Electoral Board counted the handwritten ballots, but the State Electoral Board has decided the handwritten ballots will not be counted. He stated the Electoral Board did request assistance throughout the day and state troopers were sent to assist with delivering additional ballots to the precincts. He also explained the procedure used by the Chief Precinct Officer when closing down the precinct. In response to Ms. Durfee's questions, Mr. Clifford stated underestimating the voter turnout affected which precinct the ballots were distributed and a shortage of poll workers. He further stated he was unaware that handwritten ballots were illegal because of a precedent that was set a number of years earlier in an election where handwritten ballots were accepted. He stated if the handwritten ballots had changed the results of the election, the Electoral Board would have been in court seeking a resolution to the handwritten ballot question. Mr. Gecker stated a lack of manpower was part of the problem. In response to Mr. Gecker's question, Mr. Clifford stated the lack of ballots and manpower to work the polls will not happen again because the Electoral Board will use the 2008 Presidential Primary as a keystone for future elections. In response to Mr. Holland's question, Mr. Clifford suggested the Electoral Board may need to explore splitting some precincts throughout the county. He added that this could have a financial impact for the county. In response to Mr. Gecker's question, Mr. Clifford explained the procedure for checking in voters at the precincts. In response to Ms. Durfee's question, Mr. Clifford explained the Registrar's office has full time staff who are currently reviewing and rewriting their instruction manuals to ensure the same mistakes are not made in the future. He stated they are constantly recruiting poll workers and provide them with several training sessions throughout the year. Ms. Jaeckle commended the Registrar's office for their professionalism. She stated she believes they will work hard to correct the problems to ensure they will not have them in the future. 2.8. LEGISLATIVE UPDATE Mr. Stegmaier provided a legislative update for Ms. Curtin. He stated Senate Bill 768 will be heard tomorrow in the House Rules Committee at 4 p.m. He further stated the county is still working to have the bill stopped since it is extremely detrimental to the county finances. He further stated the 08-122 02/27/08 bill concerning Homestead Exemptions was recommitted to committee, which means it is unlikely to come back this year. He provided an update on the seriousness of the state budget concerns. 2.C. CERTIFICATION PRESENTATIONS FOR ENVIRONMENTAL MANAGEMENT SYSTEMS Mr. Eanes stated the Parks and Recreation Department recently received International Organization for Standardization (ISO) 14001 registration for their Environmental Management System development and implementation. He further stated this is first Parks and Recreation Department in the country to receive this prestigious registration. He then stated the Waste and Resource Recovery Division has received the United States Environmental Protection Agency's Performance Track certification, the first to receive this EPA certification in the country. Mr. Stegmaier and Mr. Eanes introduced the employees of the Parks and Recreation Department and the Waste and Resource Recovery Division and presented them the awards. Mr. Stegmaier thanked the employees for the hard work they have put into these projects. Mr. Bob Herbert, Senior COTA Fellow, Virginia Tech Center for Organizational and Technological Advancement Program presented a brief explanation of the Chesterfield County Environmental Management System's development and implementation. He provided the Board with details of some of the benefits of developing such a system. Mr. Eanes thanked the Board for the opportunity to present the information and the staff for their hard work in obtaining the recognitions. 3. BOARD MEMBER REPORTS Mr. Holland updated the Board on the results of the Budget and Audit Committee meeting. He stated the Committee recommends the Board put the Management Study on hold and also to have the Director of Internal Audit to report quarterly to Budget and Audit Committee for significant issues concerning the county. He further stated he had received several real estate assessment inquiries from elderly citizens. He stated he will host a community meeting on March 3 at 7:00 p.m. at Meadowbrook High School. Ms. Durfee stated she has completed all of the town hall meetings in the Matoaca District and had participation from about 300 citizens and she thanked the citizens for attending. She requested the Board be updated on General Assembly issues as quickly as possible. Mr. Gecker clarified that the Budget and Audit Committee recommendation to put off Management Study was just until certain changes were made. 08-123 02/27/08 4. REQUESTS TO POSTPONE AGENDA ITEMS AND ADDITIONS, DELETIONS OR CHANGES IN THE ORDER OF PRESENTATION On motion of Mr. Gecker, seconded by Mr. Holland, the Board added a public comment period concerning the Presidential Primary, following the presentation of resolutions. Ayes: Gecker, Nays: None. Absent: Warren. 5. RESOLUTIONS Jaeckle, Holland and Durfee. 5.A. RECOGNIZING MR. JIMMIE G. NEWTON, DEPARTMENT OF ENVIRONMENTAL ENGINEERING, UPON HIS RETIREMENT Mr. McElfish introduced Mr. Jimmie Newton, who was present to receive the resolution. On motion of the Board, the following resolution was adopted: WHEREAS, Mr. Jimmie G. Newton will retire on March 1, 2008 after providing thirty-four years of dedicated and faithful service to Chesterfield County; and WHEREAS, Mr. Newton began his service with Chesterfield County as a maintenance worker in the Department of Environmental Engineering, Drainage Division on April 30, 1974 and was promoted to principal maintenance worker January 3, 1983; and WHEREAS, Mr. Newton spent the past thirty-four years tirelessly maintaining the storm-water infrastructure for the citizens of Chesterfield County; and WHEREAS, Mr. Newton was a key department employee who worked to reopen county roads in the immediate aftermath of Hurricane Isabel; and WHEREAS, Mr. Newton worked diligently repairing infrastructure damaged by flooding from tropical storm Gaston; and WHEREAS, Mr. Newton has worked tirelessly to respond during emergency situations including snow storms, ice storms, tornados and other severe weather events always reporting to work despite the hazardous conditions to ensure that county roads were cleared for emergency vehicles; and WHEREAS, Mr. Newton participated in several large capital improvement projects to improve the county's drainage infrastructure; and WHEREAS, in recognition of his dedication and exceptional job performance, Mr. Newton has received numerous letters of appreciation from county citizens for his excellent customer service; and WHEREAS, Mr. Newton always performed his duties and responsibilities in a professional manner and placed the welfare and safety of citizens and fellow county employees 08-124 02/27/08 above his own personal comfort and will be missed by his fellow coworkers and customers. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 27th day of February 2008, publicly recognizes Mr. Jimmie G. Newton and extends appreciation for his 34 years of dedicated service to the county, congratulations upon his retirement and best wishes for a long and happy retirement. AND, BE IT FURTHER RESOLVED that this resolution be presented to Mr. Newton and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Ayes: Gecker, Jaeckle, Holland and Durfee. Nays: None. Absent: Warren. Mr. Stegmaier presented the executed resolution, acrylic statue and watch to Mr. Newton, expressed appreciation for his dedicated service and congratulated him on his retirement. Mr. Newton expressed appreciation to the Board for the recognition. 5.B. RECOGNIZING SERGEANT ALISON LEIGH FOSTER, UNITED STATES ARMY RESERVE, FOR HER CONTRIBUTIONS TO THE WAR AGAINST GLOBAL TERRORISM Mr. Kappel introduced Sergeant Alison Leigh Foster, United States Army Reserve, who was present, along with her mother and Ms. Diane Pettitt, School Board representative, to receive the resolution. On motion of the Board, the following resolution was adopted: WHEREAS, on September 11, 2001, the United States was stunned when terrorists hijacked airplanes and attacked the World Trade Center and the Pentagon, killing and injuring thousands of people; and WHEREAS, as a result of these attacks, the United States military entered into a war against global terrorism; and WHEREAS, this military response has included "Operation Noble Eagle," involving homeland defense and civil support missions; "Operation Enduring Freedom," formerly known as "Operation Infinite Justice," to destroy the terrorist training camps and infrastructure within Afghanistan, the capture of al Qaeda leaders, and the cessation of terrorist activities in Afghanistan; "Operation Vigilant Resolve," to isolate and root out the terrorist forces responsible for repeated attacks on coalition forces in Fallujah, Iraq; and "Operation Iraqi Freedom," to free the people of Iraq from years of tyranny under the Iraqi dictator Saddam Hussein, who also sponsored terrorism; and WHEREAS, each of these operations was conducted to make the United States, and the world, a safer place; and WHEREAS, among the hundreds of thousands of military personnel mobilized for this war effort were scores of Chesterfield County residents and employees who serve in the reserve components of the various military services; and 08-125 02/27/08 WHEREAS, Sergeant Alison Leigh Foster, Army Reserve, is one of the courageous Americans who answered the call to duty unflinchingly and honorably; and WHEREAS, this Board of Supervisors supports the President and our troops, and commends the reserve military personnel who served in these military operations for their courageous service and sacrifice; and WHEREAS, the families of these military men and women also bear a great sacrifice and uncertainty in the absence of their loved ones serving in far-off lands; and WHEREAS, it is appropriate to recognize the courage and sacrifice of our reservists and their families during this difficult time. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors, this 27`h day of February 2008, recognizes the sacrifice and courage of Sergeant Alison Leigh Foster, and expresses its gratitude to her for making the world a safer place for freedom-loving people everywhere. AND, BE IT FURTHER RESOLVED that a copy of this resolution be presented to Sergeant Foster and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Ayes: Gecker, Jaeckle, Holland and Durfee. Nays: None. Absent: Warren. Mr. Stegmaier presented the executed resolution to Sergeant Foster, accompanied by her mother and Ms. Pettitt, and commended her for her courageous service and sacrifice. Sergeant Foster expressed appreciation to the Board for the recognition. Ms. Pettitt commended Sergeant Foster for her sacrifices made. 5.C. RECOGNIZING MR. GEORGE A. BEADLES, JR. FOR HIS CIVIC-MINDED CONTRIBUTIONS AT BOARD OF SUPERVISORS MEETINGS Mr. Kappel introduced Mr. George A. Beadles, Jr. who was present to receive the resolution. On motion of the Board, the following resolution was adopted: WHEREAS, Mr. George A. Beadles, Jr. is a frequent speaker and self-described "political gadfly" at Chesterfield County Board of Supervisors public meetings; and WHEREAS, Mr. Beadles is a resident of the Clover Hill Magisterial District; and WHEREAS, Mr. Beadles was elected as Soil and Water Conservation Director for the James River District in 1994 and served a three-year term in this capacity; and WHEREAS, Mr. Beadles has been an activist for ordinances relating to the condition of landfills and debris landfills, 08-126 02/27/08 attended numerous meetings related to zoning for county landfills, and provided thoughtful insight to the Landfill Advisory Committee that helped to shape the regulations adopted by the county dealing with debris landfill management; and WHEREAS, in addition to his active and frequent participation in a wide variety of discussions about matters before the Board of Supervisors, he also freely gives his time to benefit others; and WHEREAS, Mr. Beadles has been a volunteer at Hunter Holmes McGuire Veterans Affairs Medical Center since 1997; and WHEREAS, Mr. Beadles has been the Disabled American Veterans Hospital Service Coordinator for more than four years; and WHEREAS, Mr. Beadles manages three DAV vans that bring veterans to medical appointments at McGuire; and WHEREAS, Mr. Beadles also is the Volunteer Timekeeper at McGuire; and WHEREAS, Mr. Beadles served in Vietnam with the United States Army for 19 months of his three-year active service period; and WHEREAS, Mr. Beadles is a member of the Veterans History Project, American Folklife Center, Library of Congress; and WHEREAS, Mr. Beadles is an avid student of history, has authored six books and currently is working to obtain state funding to maintain 11 Confederate graves at Skinquarter. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 27th day of February 2008, publicly recognizes the many civic-minded contributions of Mr. George A. Beadles, Jr., thanks him for his active participation in the governance of Chesterfield County, Virginia, and extends best wishes for continued success in all his endeavors. AND, BE IT FURTHER RESOLVED that a copy of this resolution be presented to Mr. Beadles and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Ayes: Gecker, Jaeckle, Holland and Durfee. Nays: None. Absent: Warren. Mr. Stegmaier presented the executed resolution to Mr. Beadles and commended him for his contributions to the community . Mr. Beadles expressed appreciation to the Board for the recognition. 08-127 i 02/27/08 FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED MATTERS Ms. Wendy Austin addressed the Board regarding the 2008 Presidential Primary mistakes made by the Registrar's office. Ms. Deborah Burroughs, Chair of the Chesterfield Democratic Committee, expressed concerns regarding the 2008 Presidential Primary and the fact that some voters were disenfranchised. She urged the Board to take the necessary steps to remedy the problem. Ms. Kelly Davis addressed the Board regarding the 2008 Presidential Primary. She stated this was her first time voting and her vote will not count because she had to handwrite her ballot. Mr. Gecker requested that citizens present to speak at the public comment period prior to the dinner break speak at this time. Ms. Maggie May Myers addressed the Board regarding the increase in real estate assessments for the Longwood Acres Subdivision and the lack of sewer system connection in the subdivision. Ms. Margaret Smith addressed the Board regarding the lack of sewer system connection in the Longwood Acres Subdivision and her inability to get assistance from the county. Mr. Gecker requested Mr. Stegmaier to investigate the concerns of the lack of sewer system connections and report back to the Board. 6. WORK SESSIONS O THE COUNTY ADMINISTRATOR'S PROPOSED FY2009-FY2010 BUDGET INCLUDING PRESENTATIONS FROM THE HUMAN SERVICES DIVISION AND THE SOCIAL SERVICES BOARD HUMAN SERVICES DIVISION Ms. Dickson provided an overview of the Human Services Division's FY2009 - FY2010 Proposed Budget. She stated the Human Services Division had 6.4 million citizen contacts last year. She explained the Human Service Departments are mandated by the State, by quality of life services or exist to reduce cost to county taxpayer through alternative programs. She stated the Human Services System supports every county priority and strategic goal. She provided details of various Human Services programs and initiatives that support the priorities of education, recreation, public safety, health/welfare, and economic development. She reviewed numerous accomplishments in Human Service Departments. She also provided interesting facts relative to the number of citizens served by Human Services departments. She reviewed the composition of the Human Services Division's expenditures and the percentage of increase in demand for services from FY02-FY07. She stated the overall Human Services FY2009 Proposed Budget totals $106.5 million, which represents a 6 percent increase over the FY2008 budget. She reviewed overall proposed budget funding included by 08-128 02/27/08 initiative: Adult Drug Court new conviction rate successes; Community Corrections Services program cost comparison versus Riverside Regional Jail housing; Comprehensive Services comparisons of average lengths of stay; Food Stamp Cases from FY03-FY07; Public Library Services; and Juvenile Probation service units. She provided details of the Human Services Division 2006 Employee Satisfaction Index. She reviewed various divisional challenges, including increased demand for services; increased growth by senior age group; increased complexity of needs; decreased or less certain funding; changed policy interpretations; increased costs of resources; and recruitment and retention of staff. She reviewed additional funding requests to address the priority challenges including funds for the salary of an Infant Services Speech Therapist; senior programming; a Public Health Nurse to address infant mortality and immunization; and a Social Work Supervisor to address integrated intake. She provided details of the Human Services Division's focus for the future. Mr. Gecker thanked Ms. Dickson for the informative presentation. SOCIAL SERVICES BOARD Ms. Dickson introduced Ms. Snead to begin the Social Services presentation. Ms. Snead expressed appreciation to the Board for their support. She introduced members of the Social Services Board, who were present at the meeting. She provided information regarding Food Stamp cases, Child Protective and Medicaid enrollees for various fiscal years. She called forward Social Services Board member, Reverend Dr. Johnnie Fleming to provide further details of the proposed FY2009 budget for the Social Services Department. Reverend Fleming discussed agency-wide achievements, including implementation of a call center pilot concept to better serve customers; continued compliance with federal regulations and policies including Certificates of Excellence for the Food Stamp Program; development of a highly successful and innovative eligibility training unit; recruitment of bi-lingual eligibility workers; creation of a new position to provide intensive mental health services to Adult Protective Services customers; and involvement of staff in the First Lady's Foster Care Reform Initiative. He discussed agency challenges, including expansion of the current facility to improve workplace conditions; the continued growth and complexity of programs operated by the Department including the difficulty that customers experience as they attempt to navigate the system; and the need to continue to address changing community demographics. He reviewed additional funding requests, including a Social Work Supervisor; a Secretary for the Child Protective Services Team; and a Bi-Lingual Interpreter. He thanked the Board for its continued support and stated it is an honor to serve the citizens of Chesterfield and Colonial Heights. Mr. Gecker expressed appreciation to Ms. Snead and Reverend Fleming for the presentation. 08-129 ~.r~ 02/27/08 7. DEFERRED ITEMS O ACCEPTANCE OF PARCELS OF LAND ALONG THE NORTH RIGHT OF WAY OF WATRINS CENTRE PARKWAY FROM WATKINS LAND, L.L.C. Mr. Gecker stated he still had concerns with accepting the dedication and that there appeared to be more right of way than was needed fro the road improvements. Mr. McCracken stated he would provide Mr. Gecker with a copy of the construction plans for the Watkins Centre Parkway project. On motion of Mr. Gecker, seconded by Mr. Holland, the Board deferred consideration of accepting the conveyance of three parcels of land containing a total of 3.442 acres along the north right of way line of Watkins Centre Parkway from Watkins Land, L.L.C, until March 12, 2008. Ayes: Gecker, Nays: None. Absent: Warren. 8. NEW BUSINESS Jaeckle, Holland and Durfee. 8.A. APPOINTMENTS On motion of Mr. Holland, seconded by Ms. Durfee, the Board suspended its rules to allow simultaneous nomination/ appointment/reappointment of members to serve on various Committee/Boards. Ayes: Gecker, Jaeckle, Holland and Durfee. Nays: None. Absent: Warren. 8.A.1. CENTRAL VIRGINIA WASTE MANAGEMENT AUTHORITY On motion of Mr. Holland, seconded by Ms. Durfee, the Board simultaneously nominated/appointed Mr. William Johnson to serve on the Central Virginia Waste Management Authority, whose term is effective immediately and expires on December 31, 2008. Ayes: Gecker, Jaeckle, Holland and Durfee. Nays: None. Absent: Warren. 8.A.2. CHESTERFIELD COMMUNITY SERVICES BOARD On motion of Mr. Holland, seconded by Ms. Durfee, the Board simultaneously nominated/reappointed Mr. James G. Lumpkin, Jr., representing the county at large, to serve on the Chesterfield Community Services Board, whose term is effective February 27, 2008 through December 31, 2010. Ayes: Gecker, Jaeckle, Holland and Durfee. Nays: None. Absent: Warren. 08-130 02/27/08 8.B. CONSENT ITEMS 8.B.1. AUTHORIZATION TO EXECUTE A CONSTRUCTION CONTRACT FOR CLOVER HILL ATHLETIC COMPLEX NEW ROADWAY AND PARKING IMPROVEMENTS On motion of Mr. Holland, seconded by Ms. Durfee, the Board authorized the County Administrator to execute a construction contract with Key Construction Company, Incorporated in the amount of $695,000 for new construction at Clover Hill Athletic Complex. Ayes: Gecker, Jaeckle, Holland and Durfee. Nays: None. Absent: Warren. 8.B.2. SET DATES FOR PUBLIC HEARINGS 8.B.2.a. TO CONSIDER A NEW LEASE AGREEMENT WITH A. T. MASSEY ENERGY COMPANY FOR RENTAL OF A CORPORATE HANGAR AT CHESTERFIELD COUNTY AIRPORT On motion of Mr. Holland, seconded by Ms. Durfee, the Board set the date of March 12, 2008 at 6:30 p.m. for a public hearing for the Board to consider a new lease agreement with A. T. Massey Energy Company for rental of a corporate hangar located at 7431 Airfield Drive. Ayes: Gecker, Jaeckle, Holland and Durfee. Nays: None. Absent: Warren. 8.8.2.b. TO CONSIDER THE RESTRICTION OF THROUGH TRUCK TRAFFIC ON CRANBECK ROAD On motion of Mr. Holland, seconded by Ms. Durfee, the Board set the date of March 12, 2008 at 6:30 p.m. for a public hearing for the Board to consider the restriction of through truck traffic on Cranbeck Road from Huguenot Road to Robious Road. Ayes: Gecker, Jaeckle, Holland and Durfee. Nays: None. Absent: Warren. 8.B.3. ADOPTION OF RESOLUTION RECOGNIZING MRS. SHEILA S. BRATTON, DEPARTMENT OF SOCIAL SERVICES, UPON HER RETIREMENT On motion of Mr. Holland, seconded by Ms. Durfee, the Board adopted the following resolution: WHEREAS, Mrs. Sheila S. Bratton began her public service with Chesterfield County in October 1979; and WHEREAS, Mrs. Bratton has served in the positions of Secretary and Administrative Secretary to the Social Services Board; and WHEREAS, Mrs. Bratton is currently the Administrative Assistant to the Board and to the Director, a position she has held since 1996; and 08-131 02/27/08 WHEREAS, Mrs. Bratton has been a loyal and devoted administrative assistant to the members of the Social Services Board, enjoying an extremely positive relationship throughout the years; and WHEREAS, Mrs. Bratton has been a dedicated colleague to two agency directors, Ms. Jean Smith, 1979 to 1995, and Ms. Sarah Snead, 1995 to 2008; and WHEREAS, Mrs. Bratton has truly enjoyed working with all employees of the department, freely offering her knowledge and expertise; and WHEREAS, Mrs. Bratton has served on numerous committees and teams including goal groups and the United Way Kick-Off Committee; and WHEREAS, Mrs. Bratton maintains her sense of humor and is an expert at handling the pressure of last minute deadlines; and WHEREAS, Mrs. Bratton has provided much appreciated service to the Virginia League of Social Services Executives and is admired and respected by the membership; and WHEREAS, Mrs. Bratton has performed other duties too numerous to mention including answering thousands of calls from citizens of all types; and WHEREAS, Mrs. Bratton has been a true professional known for her dedication, commitment, compassion and empathy for her co-workers and especially customers; and WHEREAS, the citizens of Chesterfield County, City of Colonial Heights and the Commonwealth of Virginia are better for having known Mrs. Bratton. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes the outstanding contributions of Mrs. Sheila S. Bratton, expresses the appreciation of all residents for her service to the county and extends congratulations upon her retirement, as well as best wishes for a long and happy retirement. Ayes: Gecker, Jaeckle, Holland and Durfee. Nays: None. Absent: Warren. 8.B.4. ACCEPTANCE OF A PARCEL OF LAND ALONG JEFFERSON DAVIS HIGHWAY FROM MARVIN H. WILSON, JR. AND KATHY T. WILSON On motion of Mr. Holland, accepted conveyance of a acres along Jefferson Davi H. Wilson, Jr. and Kathy T. Administrator to execute t the plat is filed with the seconded by Ms. Durfee, the Board parcel of land containing 0.100 s Highway (US Route 1) from Marvin Wilson, and authorized the County he deed. (It is noted a copy of papers of this Board.) Ayes: Gecker, Jaeckle, Holland and Durfee. Nays: None. Absent: Warren. 08-132 02/27/08 8.B.5. REQUESTS FOR PERMISSION 8.B.5.8. FROM BRIAN K. ADKINS FOR A FENCE AND GATE TO ENCROACH WITHIN A SIXTEEN-FOOT DRAINAGE EASEMENT ACROSS LOT 19, DEER RUN, SECTION 12 On motion of Mr. Holland, seconded by Ms. Durfee, the Board approved a request from Brian K. Adkins for permission for a fence and gate to encroach within a 16-foot drainage easement across Lot 19, Deer Run, Section 12, subject to the execution of a license agreement. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Gecker, Jaeckle, Holland and Durfee. Nays: None. Absent: Warren. 8.B.5.b. FROM FRONTIER MIDLOTHIAN LLC FOR A CONCRETE DUMPSTER PAD TO ENCROACH WITHIN A SIXTEEN-FOOT EASEMENT ACROSS PROPERTY ON COMMONWEALTH CENTRE PARKWAY On motion of Mr. Holland, seconded by Ms. Durfee, the Board approved a request from Frontier Midlothian LLC for permission for a concrete dumpster pad to encroach within a 16-foot easement across property at 5201 Commonwealth Centre Parkway, subject to the execution of a license agreement. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Gecker, Jaeckle, Holland and Durfee. Nays: None. Absent: Warren. 8.B.5.C. FROM ANDREW SCHERZER AND KAREN SCHERZER TO INSTALL A PRIVATE SEWER SERVICE WITHIN A PRIVATE EASEMENT TO SERVE PROPERTY ON OLD BUCKINGHAM ROAD On motion of Mr. Holland, seconded by Ms. Durfee, the Board approved a request from Andrew Scherzer and Karen Scherzer for permission to install a private sewer service within a private easement to serve property at 11940 Old Buckingham Road and authorized the County Administrator to execute the sewer connection agreement. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Gecker, Jaeckle, Holland and Durfee. Nays: None. Absent: Warren. 8.B.6. APPROVAL OF THE PURCHASE OF ROAD RIGHT OF WAY, EASEMENTS. AND RESIDUE PROPERTY FOR THE EXTENSION OF BRANDERMILL PARKWAY FROM THE TRUSTEES OF COUNTRYSIDE CHRISTIAN CHURCH On motion of Mr. Holland, seconded by Ms. Durfee, the Board approved the purchase of 0.581 acres of road right of way, 0.194 acres of permanent easements, 0.043 acres of temporary construction easement and 0.624 acres of residue property for the extension of Brandermill Parkway for $108,988, from the Trustees of Countryside Christian Church and authorized the 08-133 `.r~ I~ 02/27/08 County Administrator to execute the deed. (It is noted copies of the plats are filed with the papers of this Board.) Ayes: Gecker, Jaeckle, Holland and Durfee. Nays: None. Absent: warren. 8.B.7. DONATION OF PROPERTY FOR CHESTER KIWANIS HISTORICAL PARK On motion of Mr. Holland, seconded by Ms. Durfee, the Board accepted the donation of 5.3 acres, more or less, for Chester Kiwanis Historical Park 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: Gecker, Jaeckle, Holland and Durfee. Nays: None. Absent: Warren. 8.B.8. REQUESTS TO QUITCLAIM 8.B.8.a. SIXTEEN-FOOT WATER EASEMENTS, A VARIABLE WIDTH SEWER AND WATER EASEMENT AND A PORTION OF A VARIABLE WIDTH EASEMENT ACROSS THE PROPERTIES OF MIDLOTHIAN MINI STORAGE LLC AND WILLIAM C. AND CHRISTINE A. MARTYN On motion of Mr. Holland, seconded by Ms. Durfee, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute quitclaim deeds to vacate 16- foot water easements, a variable width sewer and water easement and a portion of a variable width easement across the properties of Midlothian Mini Storage LLC and William C. and Christine A. Martyn. (It is noted copies of the plats are filed with papers of this Board.) Ayes: Gecker, Jaeckle, Holland and Durfee. Nays: None. Absent: Warren. 8.8.8.b. PORTIONS OF SIXTEEN-FOOT WATER EASEMENTS ACROSS THE PROPERTY OF RASTER CONSTRUCTION AND DEVELOPMENT CORPORATION On motion of Mr. Holland, seconded by Ms. Durfee, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute a quitclaim deed to vacate portions of 16-foot water easements across the property of Rastek Construction and Development Corporation. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Gecker, Jaeckle, Holland and Durfee. Nays: None. Absent: Warren. 8.8.8.0. A PORTION OF A SIXTEEN-FOOT WATER EASEMENT ACROSS THE PROPERTY OF TRIPARTNERS, LLC On motion of Mr. Holland, seconded by Ms. Durfee, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute a quitclaim deed to vacate a portion of a 16-foot water easement across the property of 08-134 02/27/08 Tripartners, LLC. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Gecker, Jaeckle, Holland and Durfee. Nays: None. Absent: Warren. 8.B.9. CONVEYANCE OF EASEMENT TO VERIZON VIRGINIA INCORPORATED TO PROVIDE SERVICE FOR THE CELL ANTENNAE EQUIPMENT AT PHYSIC HILL WATER TANK On motion of Mr. Holland, seconded by Ms. Durfee, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute an easement agreement with Verizon Virginia Incorporated for underground cable to provide service for the cell antennae equipment at Physic Hill Water Tank. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Gecker, Jaeckle, Holland and Durfee. Nays: None. Absent: Warren. 8.B.10. RECONFIRM APRIL 2, 2008 AS THE BUDGET/TAX RATE PUBLIC HEARING On motion of Mr. Holland, seconded by Ms. Durfee, the Board reconfirmed April 2, 2008 as the Budget/Tax Rate Public Hearing. Ayes: Gecker, Jaeckle, Holland and Durfee. Nays: None. Absent: Warren. 8.B.11. INITIATE AN APPLICATION TO AMEND SUBSTANTIAL ACCORD CONDITIONS ON PARCEL NUMBER 7436924869 (UNDEVELOPED PROVIDENCE ROAD PARK SITE) On motion of Mr. Holland, seconded by Ms. Durfee, the Board approved initiation of an application to amend Substantial Accord conditions on parcel number 7436924869 (undeveloped Providence Road Park site), appointed Stuart Connock, Jr. from the Parks and Recreations Department as the Board's agent and waived the requirement for a Zoning Disclosure Affidavit for the application. Ayes: Gecker, Jaeckle, Holland and Durfee. Nays: None. Absent: Warren. 9. REPORTS 9.A. REPORT ON DEVELOPER WATER AND SEWER CONTRACTS 9.8. REPORT ON STATUS OF GENERAL FUND BAT-aNCE, RESERVE FOR FUTURE CAPITAL PROJECTS, DISTRICT IMPROVEMENT FUNDS AND LEASE PURCHASES On motion of Ms. Durfee, seconded by Mr. Holland, the Board accepted the following reports: a Report on Developer Water and Sewer Contracts and a Report on Status of General Fund 08-135 02/27/08 Balance, Reserve for Future Capital Projects, District Improvement Funds and Lease Purchases. Ayes: Gecker, Jaeckle, Holland and Durfee. Nays: None. Absent: Warren. 10. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED MATTERS ~~ There were no requests to address the Board at this time. 11. DINNER On motion of Ms. Durfee, seconded by Mr. Holland, the Board recessed to the Administration Building, Room 502, for dinner with members of the Social Services Board. Ayes: Gecker, Jaeckle, Holland and Durfee. Nays: None. Absent: Warren. Reconvening: 12. INVOCATION Reverend Derik Jones, Assistant Pastor, First Baptist Church of South Richmond gave the invocation. Mr. Stith introduced the First Baptist Church of South Richmond Choir, who performed a musical selection. 13. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Eagle Scout Paul W. Kohler, II led the Pledge of Allegiance to the flag of the United States of America. 14. RESOLUTIONS o RECOGNIZING BOY SCOUTS UPON ATTAINING THE RANK OF EAGLE SCOUT ~. 14.0.1. MR. PAUL WARD KOHLER II, CLOVER HILL DISTRICT 14.0.2. MR. WILLIAM H. FAISON, BERMUDA DISTRICT 14.0.3. MR. MATTHEW D. ENTWISTLE, BERMUDA DISTRICT Mr. Kappel introduced Mr. Paul Ward Kohler, II, Mr. William H. Faison and Mr. Matthew D. Entwistle who were present, with members of their families, to receive resolutions. On motion of the Board, the following resolution was adopted: WHEREAS, the Boy Scouts of America was incorporated by Mr. William D. Boyce on February 8, 1910, and was chartered by Congress in 1916; and 08-136 oa~a~~o8 WHEREAS, the Boy Scouts of America was founded to build character, provide citizenship training and promote physical fitness; and WHEREAS, after earning at least twenty-one merit badges in a wide variety of skills including leadership, service and outdoor life, serving in a leadership position in a troop, carrying out a service project beneficial to their community, being active in the troop, demonstrating Scout spirit, and living up to the Scout Oath and Law Mr. Paul Ward Kohler, II, Troop 498, sponsored by Saint Benedict Catholic Church, and Mr. William H. Faison and Mr. Matthew D. Entwistle, both of Troop 2877, sponsored by Chester Presbyterian Church, have accomplished those high standards of commitment and have reached the long-sought goal of Eagle Scout which is received by only four percent of those individuals entering the Scouting movement; and WHEREAS, growing through their experiences in Scouting, learning the lessons of responsible citizenship, and endeavoring to prepare themselves for roles as leaders in society, Paul, William and Matthew 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 9th day of January 2008, hereby extends its congratulations to Mr. Paul Ward Kohler, II, Mr. William H. Faison and Mr. Matthew D. Entwistle, and acknowledges the good fortune of the county to have such outstanding young men as its citizens. Ayes: Gecker, Jaeckle, Holland and Durfee. Nays: None. Absent: Warren. Ms. Jaeckle and Mr. Holland presented executed resolutions and patches to each of the Eagle Scouts, congratulated them on their outstanding achievements, and wished them well in future endeavors. Mr. Kohler, Mr. Faison and Mr. Entwistle each provided details of their Eagle Scout projects and expressed appreciation to their parents and community for their support. 15. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED MATTERS Mrs. Brenda Stewart addressed the Board regarding increased real estate assessments and the inequality of the procedures the Assessor's Office uses throughout the county. Mrs. Judy Stoneman addressed the Board regarding increased real estate assessments and budgetary issues. Ms. Andrea Epps addressed the Board regarding the 2004 Planning Department's County Growth Phasing Analysis and some potential concerns she has found. 08-137 02/27/08 16. 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 18 08SN0159 In Dale Magisterial District, DOUGLAS AND SUSAN SOWERS request rezoning and amendment of zoning district map from Agricultural (A) and Residential (R-7) to Residential (R-12). Residential use of up to 3.63 units per acre is permitted in a Residential (R-12) District. The Comprehensive Plan suggests the property is appropriate for residential use of 1.0-2.5 dwelling units per acre. This request lies on 4.2 acres fronting on the southern terminus of Stockport Place and the western terminus of Hereld Green Drive. Tax ID 748- 674-3597. Mr. Turner stated the applicant is requesting that the Board remand Case 08SN0159 to the Planning Commission. Mr. Gecker called for public comment. No one came forward to speak to the remand request. On motion of Mr. Holland, seconded by Ms. Durfee, the Board remanded Case 08SN0159 to the Planning Commission. Ayes: Gecker, Jaeckle, Holland and Durfee. Nays: None. Absent: Warren. 07SN0333 In Midlothian Magisterial District, CHESTERFIELD COUNTY BOARD OF SUPERVISORS requests rezoning and amendment of zoning district map from Residential (R-7), Neighborhood Business (C-2), Community Business (C-3), Regional Business (C-4) and General Business (C-5) to Regional Business (C-4) with Conditional Use to permit multifamily and townhouse uses plus Conditional Use Planned Development to permit exceptions to Ordinance requirements. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for regional mixed use. This request lies on 83 acres located in the southwest quadrant of Midlothian Turnpike and Chippenham Parkway, also fronting on the north line of Cloverleaf Drive and the northern terminus of Starview Lane. Tax IDs 764-705-3864, 6668 and 8227; 764-706-3159-00001 and 00002 and 8861-00001 and 00002; 764-707-6112-00001 and 00002; 765-704-2693; 765.-705-4651, 5781, 7651 and 7962; 765-706- 1010-00001 and 00002, 4170, 6964, 8068 and 8842; and 765-707- 6600. Mr. Turner stated staff is requesting that the Board defer Case 07SN0333 to April 23, 2008, pending the Planning Commission's action on this case. 08-138 02/27/08 Mr. Jacobson, the agent for the Board, stated the recommendation was acceptable. Mr. Gecker called for public comment. No one came forward to speak to the deferral request. On motion of Mr. Gecker, seconded by Ms. Durfee, the Board deferred Case 07SN0333 to April 23, 2008. Ayes: Gecker, Jaeckle, Holland and Durfee. Nays: None. Absent: Warren. 08SN0131 In Matoaca Magisterial District, CHESTERFIELD COUNTY BOARD OF SUPERVISORS requests Conditional Use and amendment of zoning district map to permit a computer-controlled, variable message, electronic sign. The density of such amendment will be controlled by zoning 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 in an Agricultural (A) District on 137.2 acres fronting approximately 1,600 feet on the north and south lines of John Winston Jones Parkway approximately 900 feet northeast of Woodpecker Road; also fronting in two (2) places for approximately 280 feet on the northeast line of Woodpecker Road approximately 600 feet southeast of John Winston Jones Parkway. Tax ID 783-626-4767. Mr. Turner stated staff is requesting that the Board defer Case 08SN0131 to April 23, 2008, pending the Planning Commission's action on this case. Mr. Golden stated the recommendation was acceptable. Mr. Gecker called for public comment. No one came forward to speak to the request. On motion of Ms. Durfee, seconded by Mr. Holland, the Board deferred Case 08SN0131 to April 23, 2008. Ayes: Gecker, Jaeckle, Holland and Durfee. Nays: None. Absent: Warren. 07SN0282 (Amended) In Midlothian Magisterial District, LUCAS PROPERTIES, LLC requests rezoning and amendment of zoning district map from Residential (R-40) to Residential (R-15). Residential use of 2.90 units per acre is permitted in a Residential (R-15) District. The Comprehensive Plan suggests the property is appropriate for medium density residential use of 1.51 to 4.0 units per acre. This request lies on 12.1 acres fronting approximately 670 feet on the southwest line of Robious Road approximately 120 feet west of Corner Rock Road, also fronting approximately 600 feet on the west line of Corner I~ I~ 08-139 oa~a7~os Rock Road approximately 240 feet south of Robious Road. Tax IDs 734-717-9054 and 735-717-1268, 1405 and 2943. Mr. Turner stated Mr. Gecker has requested a deferral of Case 07SN0282 until April 23, 2008. Mr. Andy Scherzer, the applicant's representative, accepted the recommendation. Mr. Gecker called for public comment. No one came forward to speak to the request. On motion of Mr. Gecker, seconded by Ms. Durfee, the Board deferred Case 07SN0282 to April 23, 2008. Ayes: Gecker, Jaeckle, Holland and Durfee. Nays: None. Absent: Warren. naRwn~~n In Matoaca Magisterial District, BB HUNT, L.L.C., requests an exception to Section 19-232 of the Chesapeake Bay Preservation Act requirements of the Zoning Ordinance to permit the encroachment into the Resource Protection Area (RPA) as a result of grading necessary to construct a constructed wetland to treat stormwater runoff from the existing development Charter Colony - Sedwick Village. As a condition of approval, the applicant is proposing measures that will provide additional stormwater treatment and water quality benefits/improvements. The remaining environmental features will be protected during construction, by maintaining erosion and sediment control standards, and after construction, by increased vegetative buffer and informative signage along the remaining RPA. Exceptions to the Resource Protection Area Regulations are permitted pursuant to Section 19-235 (b)(2) of the Ordinance. The property is identified as 900 Agee Terrace, and located within the Little Tomahawk Creek drainage basin. The project limits are within the Charter Colony development project; east of Little Tomahawk Creek adjacent to the intersection of Clemons Way (State Route 7172) and Clemons Circle (State Route 7173) Tax ID 724- 701-0806 (Sheet 5). Mr. Turner stated Ms. Durfee has requested a deferral of Case 08RW0270 until April 23, 2008. Mr. Timothy Vaughan, representing the applicant, stated the recommendation is acceptable. Mr. Gecker called for public comment. No one came forward to speak to the request. On motion of Ms. Durfee, seconded by Mr. Holland, the Board deferred Case 08RW0270 to April 23, 2008. Ayes: Gecker, Jaeckle, Holland and Durfee. Nays: None. Absent: Warren. 08-140 02/27/08 n~c,ana~~ In Midlothian Magisterial District, HOWARD AND DIANE CANADA request rezoning and amendment of zoning district map from Agricultural (A) to Residential (R-12) of 6.8 acres plus proffered conditions on an existing zoned Residential (R-12) 0.5 acre tract. Residential use of up to 3.63 units per acre is permitted in a Residential (R-12) District. The Comprehensive Plan suggests the property is appropriate for medium density residential use of 1.51 to 4.0 units per acre. This request lies on 7.3 acres fronting approximately 690 feet on the north line of Old Buckingham Road approximately 200 feet east of Unison Drive and located at the eastern terminus of Little Pond Lane. Tax IDs 734-710-6379, 7448 and 7726; and 735-710-0037. Mr. Turner presented a summary of Case 07SN0357 and stated the Planning Commission and staff recommended approval and acceptance of the proffered conditions. Mr. Andy Scherzer, the applicant's representative, stated the recommendation was acceptable. Mr. Gecker called for public comment. No one came forward to speak to the request. On motion of Mr. Gecker, seconded by Mr. Holland, the Board approved Case 07SN0357 and accepted the following proffered conditions: 1. Utilities. Public water and wastewater shall be used. (U) 2. Impacts on Capital Facilities. The applicant, subdivider, or assignee(s) shall pay to the County of Chesterfield prior to the time of issuance of a building permit for each dwelling unit, the following amounts for infrastructure improvements within the service district for the property: A. $15,600.00 per dwelling unit, if paid prior to July 1, 2007; or B. If payment is made after June 30, 2007, the amount approved by the Board of Supervisors not to exceed $15,600.00 per dwelling unit adjusted upward by any increase in the Marshall and Swift building cost index between July 1, 2006, and July 1, of the fiscal year in which the payment is made. C. Cash proffer payments shall be spent for the purposes proffered or as otherwise permitted by law. D. Should any impact fees be imposed by Chesterfield County at any time during the life of the development that are applicable to the property, the amount paid in cash proffers shall be in lieu of or credited toward, but not be in addition to, any impact fees, in a manner determined by the County. (B&M) I~ 08-141 02/27/08 3 Density. The maximum density of this development shall not exceed sixteen (16) lots. (P) 4. Sole Access. Any lots having sole access through Old Buckingham Forest Subdivision shall have an average lot size of 15,600 square feet and shall not exceed a density of 2.8 units per acre. (P) 5. Timbering. Except for timbering approved by the Virginia State Department of Forestry for the purpose of removing dead or diseased trees, there shall be no timbering on the Property until a land disturbance permit has been obtained from the Environmental Engineering Department and the approved devices installed. (EE) 6. Drainage. A. The developer shall design and construct the subdivision such that no water from impervious surfaces shall sheet flow onto Old Buckingham Forest Subdivision. B. The existing channel located on Tax ID 734-710-7726 shall be relocated and/or redesigned such that the outfall location will align directly with the existing drainage ditch/outfall pipe located parallel to the front line of TAX ID 734-709-4390. (EE) 7. Dam Failure. A dam failure analysis shall be performed on the upstream dam and all proposed homes shall be constructed outside the dam failure limits. (EE) 8. Access. No public road access shall be provided from the property to Old Buckingham Road. (T) 9. Dedication. In conjunction with recordation of the initial subdivision plat, thirty-five (35) feet of right-of-way along the north side of Old Buckingham Road, measured from the centerlines of that part of Old Buckingham immediately adjacent to the property, shall be dedicated, free and unrestricted, to and for the benefit of Chesterfield County. (T) 10. Road Improvements. In conjunction with initial development of the property, the developer shall provide the following road improvements: A. Widening/improving the north side of Old Buckingham Road to an eleven (11) foot wide travel lane, measured from the existing centerline of Old Buckingham Road, with an additional three (3) foot wide paved shoulder plus an eight (8) foot wide unpaved shoulder, and overlaying the full width of the road with one and a half (1.5) inch of compacted bituminous asphalt concrete, with any modifications approved by the Transportation Department, for the entire property frontage; B. Dedication to Chesterfield County, free and unrestricted, any additional right-of-way (or 08-142 02/27/08 easements) required for the improvements identified above. In the event the developer is unable to acquire any "off-site" right-of-way that is necessary for any improvement described in this Proffered Condition 10, the developer may request, in writing, that the County acquire such right-of- way as a public road improvement. All costs associated with the acquisition of the right-of-way shall be borne by the developer. In the event the County chooses not to assist the developer in acquisition of the "off-site" right-of-way, the developer shall be relieved of the obligation to acquire the "off-site" right-of-way and shall provide the road improvements within available right-of-way, as determined by the Transportation Department. (T) 11. Foundations. All exposed portions of the each stone shall new dwelling unit shall be faced veneer. Exposed piers supporting be faced with brick or stone veneer. 12. Minimum House Size. be 1800 square feet. foundation of with brick or front porches (BI & P) The minimum gross floor area shall (BI & P) 13. Tree Preservation. A minimum ~ preservation strip, inclusive of be maintained along the boundary adjacent to Old Buckingham Forest Subdivisions. Utility easements cross this strip generally in a Any healthy trees that are eight or greater shall be retainE preservation strip except where ~ accommodate the permitted improvE shall not preclude the removal tree preservation strip that i diseased. Any open areas of 100 shall either be supplemented if teen (15) foot tree required yards, shall ~f the subject property and Olde Coach village shall be permitted to perpendicular fashion. (8) inches in caliper 3 within this tree emoval is necessary to rents. This condition •f vegetation from the unhealthy, dying or square feet or greater with plantings in accordance with Sections 19-518 (b) & (g)(9) of the Ordinance or furnished with a minimum six (6) foot high privacy fence. A plan depicting this planting/fencing requirement shall be reviewed and approved by the Planning Department at time of Tentative Subdivision plan review. (P) 14. A minimum lot size of one (1) acre shall be provided for the existing house on Tax ID 734-710-7726. (P) 15. Restrictive restrictive covenants shall with the recordation of any a minimum the following be recorded in conjunction subdivision plat: Architectural Board - The Architectural Board shall have exclusive jurisdiction over all original construction, modifications, additions or alterations made on any lot. It shall prepare shall promulgate design and development guidelines and application and review procedures, all as part of the design and environmental standards. The standards shall incorporate all restrictions and guidelines relating to development and construction contained in this Declaration as well as restrictions and guidelines with respect to location of structures 08-143 Covenants. At 02/27/08 upon property, size of structures, driveway and parking requirements, foundations and length of structures. Copies shall be available from the Architectural Board for review. The guidelines and procedures shall be those of the Architectural Board shall have sole and full authority to prepare and to amend the standards available to Owners, builders, and developers who seek to engage in development of or construction upon property within their operations strictly in accordance therewith. The Architectural Board shall consist of three (3) members, all appointed by the Declarant. The declarant may, at his option, delegate to the Board his right to appoint one or more members of the Architectural Board. Tree Preservation - To the extent practical all lots shall be left in a wooded manner. Any proposed tree removal shall be shown on a plan to be reviewed and approved by the Architectural Board. The tree preservation shall be subject and subordinate to the terms of any utility or drainage easements which may be granted by the Declarant or its successors to the County of Chesterfield. Mailboxes - Every improved lot shall be required to have a mailbox with supporting post and post light of design and installation as specified in the standards. Each lot owner shall be responsible for the maintenance and operation of the fixture, support, and mailbox. Parking - Each property owner shall provide space for the parking of automobiles off public streets prior to the occupancy of any building or structure constructed on said property in accordance with the standards. Signs - No signs shall be erected or maintained on any property by anyone including, but not limited to, the owner, a realtor, a contractor, or a subcontractor, except as provided for in the standards or except as may be required by legal proceedings. Residential property identification and like signs not exceeding a combined total of more than one (1) square foot may be erected without the written permission of the Declarant or the Association. Condition of Ground - It shall be the responsibility of each property owner and tenant to prevent the development of any unclean, unsightly, or unkempt conditions of buildings or grounds on such property, which shall tend to substantially decrease the beauty of the neighborhood as a whole or the specific area. Minimum Square Footage - No plan required under these Covenants will be approved unless the proposed house or structure has a minimum square footage of enclosed dwelling space as specified in the standards. Such minimum requirement for each lot will be specified in each sales contract and stipulated in each deed. The term "enclosed dwelling area" as used in these minimum size requirements does not include garages, terraces, decks, open porches, and the like areas. 08-144 02/27/08 Residential Use - a. All lots shall be used for residential purposes exclusively. The use of a portion of a dwelling on a lot as an office by the owner or tenants thereof shall be considered a residential use if such use does not create customer or client traffic to and from the lot. No structure, except as herein after provided, shall be erected, altered, placed, or permitted to remain on any lot other than one (1) detached single family dwelling and one (1) accessory building which may include a detached private garage, provided the use of such accessory building does not overcrowd the site and provided further that such building is not used for any activity normally conducted as business. Such accessory building may not be constructed prior to the construction of the main building. b. A guest suite or like facility without a kitchen may be included as part of the main dwelling or accessory building, but such suite may not be rented or leased except as part of the entire premises including the main dwelling and provided, however, that such suite would not result in overcrowding of the site. c. The provisions of this paragraph shall not prohibit the Developer from using a house as a model as provided in this Declaration. Exterior Structure Completion - The exterior of all houses and other structures must be completed within one (1) year after the construction of same shall have commenced, except where such completion is impossible or would result in great hardship to the owner or builder due to the strikes, fires, national emergency, or natural calamities. Houses and other dwelling structures may not be temporarily or permanently occupied until the exteriors thereof have been completed. During the continuance of construction the owner of the lot shall require the contractor to maintain the lot in a reasonable clean and uncluttered condition. Vehicle Storage - No mobile home, trailer, tent, barn, or other similar out-building or structure shall be placed on any lot at any time, either temporarily or permanently. Boats, boat trailers, campers, recreational vehicles, or utility trailers may be maintained on a lot, but only when in an enclosed or screened area approved by the Architectural Board such that they are not generally visible from adjacent properties. Temporary Structures - No structure of a temporary character shall be placed upon any lot at any time provided, however, that this prohibition shall not apply to shelter or temporary structures used by the contractor during the construction of the main dwelling house, it being clearly understood that these latter temporary shelters may not at any time be used as residences or permitted to remain on the lot after completion of construction. The design and color of structures temporarily placed on the lot by a contractor shall be subject to reasonable aesthetic control by the Architectural Board. 08-145 02/27/08 Antennas - Except as otherwise provided by applicable law, no television antenna, radio receiver or sender, or other similar device shall be attached to or installed on the exterior portion of any building or structure or any lot, except as permitted by applicable law and except that should cable television services be unavailable and good television reception not be otherwise available, a lot owner may make written application to the Board for permission to install a television antenna and such permission shall not be unreasonably withheld. Further Subdivision - No lot shall be subdivided or its boundary lines changed, except with the written consent of the Declarant. However, the Declarant hereby expressly reserves to itself, its successors, or assigns the right to replat any lot or lots owned by it and shown on the plat of any subdivision in order to create a modified building lot or a replatted lot suitable and fit as a building site including, but not limited to, the recreational facilities, and other amenities to conform to the new boundaries of said replatted lots, provided that no lot originally shown on a recorded plat is reduced to a size smaller than the smallest lot shown on the first plat of subdivision. However the interpretation of the paragraph shall not prohibit the combining of two (2) or more contiguous lots into one (1) larger lot, only the exterior boundary lines of the resulting larger lot shall be considered in the interpretation of these covenants. Animals - Only common household pet animals shall be permitted. All pet animals must be secured by a leash or lead, or be under the control of a responsible person and obedient to that person's command at any time they are permitted outside a residence or other enclosed area upon a lot approved by the Architectural Board for the maintenance and confinement of pet animals. No livestock including cattle, horses, sheep, goats, pigs, or poultry shall be permitted upon any lot. Motor Bikes All Terrain Vehicles - No motor bikes, motorcycles, or all terrain vehicles shall be driven upon the common area, lots, or roads (unless properly licensed on roads) with the exception of licensed vehicles and mopeds which shall be operated solely upon the public streets for direct ingress and egress purposes only. External Lighting - No external lighting shall be installed or utilized on any property, which is of such character, intensity, or location as to interfere with the use, enjoyment, and privacy of any lot or owner in the near vicinity. No neon or flashing lights shall be permitted. All external lighting shall be approved by the Architectural Board as appropriate in size, location, color, and intensity. Swimming Pools - No swimming pool, whether in ground or above ground, whether permanent or temporary, shall be installed upon any lot without the prior written consent of the Architectural Board. The Architectural Board 08-146 02/27/08 shall require that all swimming pools be adequately screened. Declarant reserves the right to assign and transfer to any person, persons, or entity some or all of its rights provided herein and in such event such transferee shall have and may exercise all such rights to the same extent as if he, they, or it were the Declarant. Declarant shall have the full right and privilege to enforce all restrictions and conditions contained herein by appropriate proceeding at law for damages and/or in equity for appropriate injunctive relief and restraining orders to prevent violations, or to require violations to be corrected, together with damages sustained including, without limitation, attorneys' fees and costs. These restrictions shall run with the land and be binding upon any and all succeeding owners, their personal representatives, estates, heirs, devisees, assigns, or successors in interest or any other partied having or taking an interest in or to the Property, or any part thereof, and shall automatically be extended for successive periods of ten (10) years unless otherwise provided in a written instrument executed by the owners of a majority of the Lots in the Subdivision unless a release, waiver, or breach of any one or more of the restrictions contained herein or any part thereof is required or agreed to by a court or governmental authority having jurisdiction over the Property. (P) 16. Stop Sign Installation. In conjunction with initial development of the property, the developer shall install multi-way stop signs at the Unison Drive/Sandbag Road intersection and at the Deerhurst Drive/Old Coalmine Road intersection, if approved by VDOT. (T) Ayes: Gecker, Jaeckle, Holland and Durfee. Nays: None. Absent: Warren. 08SN0168 In Clover Hill Magisterial District, RICHMOND 20 MHZ LLC requests Conditional Use and amendment of zoning district map to permit a communications tower in a Corporate Office (0-2) District. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for office use. This request lies on 8.0 acres lying in the northwest quadrant of Arboretum Parkway and Arboretum Place. Tax ID 753-704-9059. Mr. Turner presented a summary of Case 08SN0168 and stated the Planning Commission and staff recommended approval, subject to the conditions. Mr. Brennen Keene, the applicant's representative, stated the recommendation was acceptable. Mr. Gecker called for public comment. 08-147 02/27/08 No one came forward to speak to the request. On motion of Mr. Gecker, seconded by Mr. Holland, the Board approved 08SN0168, subject to the following conditions: 1. The flagpole/tower shall be located as generally depicted on the plans and elevations prepared by Clough Harbour & Associates LLP, titled NTELOS I.D: RMB-0041 Arboretum and identified as Exhibits A and B in the "Request Analysis and Recommendation". (P) 2. The color, design and lighting system for the tower shall be as follows: a. The tower shall be gray or another neutral color, acceptable to the Planning Department. b. The tower shall be designed and erected as a flagpole atop the existing building and shall not exceed an elevation of 105 feet above ground level. c. The tower shall not be lighted. (P) 3. At such time that the tower ceases to be used for communications purposes for a period exceeding twelve (12) consecutive months, the owner/developer shall dismantle and remove the tower and all associated equipment from the property. (P) Ayes: Gecker, Nays: None. Absent: Warren. n~eun~9a Jaeckle, Holland and Durfee. In Bermuda Magisterial District, HELEN M. WILLIAMS requests renewal of temporary manufactured home permit 95SR0126 to park a temporary manufactured home in a Residential (R-7) District. The density of such amendment is approximately 1.25 units per acre. The Comprehensive Plan suggests the property is appropriate for residential use of 2.51 - 4 units per acre. This property is known as 3025 Alcott Road. Tax ID 788-678-8422. Mr. Turner presented a summary of Case 08SN0193 and stated staff recommends approval, subject to four conditions. Mr. Gecker called for public comment. No one came forward to speak to the request. On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board approved Case 08SN0193, subject to the following conditions: 1. The applicant shall be the owner and occupant of the manufactured home. 2. Manufactured home permit shall be granted for a period not to exceed seven (7) years from date of approval. 08-148 02/27/08 3. No lot or parcel may be rented or leased for use as a manufactured home site nor shall any manufactured home be used for rental property. 4. No additionally permanent-type living space may be added onto a manufactured home. All manufactured homes shall be skirted but shall not be placed on a permanent foundation. Ayes: Gecker, Jaeckle, Holland and Durfee. Nays: None. Absent: Warren. 08RW0271 In Midlothian Magisterial District, MICHAUX ASSOCIATES, L.L.C., requests an exception to Section 19-232 of the Chesapeake Bay Preservation Act requirements of the Zoning Ordinance to permit the encroachment into the Resource Protection Area (RPA) as a result of grading to create buildable areas, residential lots, roads, parking and supporting infrastructure for the proposed residential subdivision called Michaux Village -- The Village at Midlothian Town Center. As a condition of approval, the applicant is proposing measures that will provide additional stormwater treatment and water quality benefits/improvements. The remaining environmental features will be protected during construction, by maintaining erosion and sediment control standards, and after construction, by increased vegetative buffer, controlling stormwater flow to prevent down stream erosion and informative signage along the remaining RPA. Exceptions to the Resource Protection Area Regulations are permitted pursuant to Section 19-235 (b)(2) of the Ordinance. The property is located at 1320 Winterfield Road, which is within the Michaux Creek drainage basin. The project is located north of Midlothian Turnpike (State Route 60), and East of WWII veterans Memorial HWY (State Route 288), and Northwest of the intersection of West Winterfield Road (State Route 714) and Norfolk Southern Railroad Tax ID 725-711-4912; 725-710-4141; 725-710-6268; 725-710-0461 (Sheet 5). Mr. Turner presented a summary of Case 08RW0271 and stated staff recommended approval. Mr. John Bowling, representing the application, stated the recommendation is acceptable. Mr. Gecker called for public comment. No one came forward to speak to the request. Mr. Gecker stated he wanted to defer the case. He further stated he would close the public hearing and defer decision until March. On motion of Mr. Gecker, seconded by Mr. Holland, the Board closed the public hearing and deferred decision of Case 08RW0271 to March 12, 2008. Ayes: Gecker, Jaeckle, Holland and Durfee. Nays: None. Absent: Warren. 08-149 i~ I~ 02/27/08 17. PUBLIC HEARINGS o TO CONSIDER THE LEASING OF COUNTY PROPERTY AT JAMES RIVER HIGH SCHOOL Mr. Stith stated this date and time had been advertised for a public hearing for the Board to consider the leasing of county property at James River High School to New Cingular Wireless. Mr. Brennen Keene stated the recommendation was acceptable. Mr. Gecker called for public comment. No one came forward to speak to the request. Mr. Gecker stated he wanted to amend the agenda item to ensure the additional first year lease payment went to the James River Student Activity Fund. On motion of Mr. Gecker, seconded by Ms. Durfee, the Board approved the leasing of county property at James River High School to New Cingular Wireless. Ayes: Warren, Gecker, Jaeckle, Holland and Durfee. Nays: None. 18. REMAINING MANUFACTURED HOME PERMITS AND ZONING REQUESTS There were none. 19. MATTERS FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED There were no speakers at this time. 2 0 . ADJOURNMENT On motion of Mr. Holland, seconded by Ms. Durfee, the Board adjourned at 7:24 p.m. until March 10, 2008 at 5:00 p.m. for dinner with the School Board. Ayes: Warren, Gecker, Jaeckle, Holland and Durfee. Nays: None. ,w.~0 J mes to aier ounty Administrator rthur S. Warren Chairman 08-150 02/27/08