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2008-03-12 MinutesBOARD OF SUPERVISORS MINUTES March 12, 2008 Supervisors in Attendance: Mr. Arthur S. Warren, Chairman Mr. Daniel A. Gecker, Vice Chrm. Ms. Dorothy Jaeckle Mr. James "Jim" Holland Ms. Marleen K. Durfee Mr. James J. L. Stegmaier County Administrator Staff in Attendance: Ms. Janice Blakley, Clerk to the Board Mr. Kevin Bruny, Dean Chesterfield University Mr. Allan Carmody, Dir., Budget and Management Ms. Jana Carter, Dir., Juvenile Services 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. Jonathan Davis, Dir., Real Estate Assessments Mr. William Dupler, Building Official Colonel Thierry Dupuis, Police Department Mr. Robert Eanes, Asst. to the County Administrator 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. Joe Horbal, Commissioner of Revenue Mr. Thomas E. Jacobson, Dir., Revitalization Mr. William E. Johnson, Deputy County Admin., Management Services Mr. Donald Kappel, Dir., Public Affairs Mr. Rob Key, Director, General Services Mr. Mike Mabe, Director, Libraries Chief Paul Mauger, Fire Department Mr. R. John McCracken, Dir., Transportation Mr. Steven L. Micas, County Attorney 08-155 03/12/08 Ms. Leigh Robbins, Exec. Dir., Lucy Corr Village Mr. M. D. Stith, Jr., Deputy County Admin., Community Development Mr. Kirk Turner, Dir., Planning Mr. Scott Zaremba, Asst. Dir., Human Resource Managment Mr. Warren called the regularly scheduled meeting to order at 3:09 p.m. 1. APPROVAL OF MINUTES FOR FEBRUARY 27, 2008 On motion of Ms. Durfee, seconded by Mr. Holland, the Board approved the minutes of February 27, 2008, as submitted. Ayes: Warren, Gecker, Jaeckle, Holland and Durfee. Nays: None. 2. COUNTY ADMINISTRATOR'S COMMENTS 2.A. CHESTERFIELD UNIVERSITY RECOGNITION Mr. Stegmaier stated that Training magazine, a 42-year old professional development publication that recognizes the Top 125 organizations for their efforts in connecting learning and development to their business strategy, had placed Chesterfield County 45th on the list. He further stated Chesterfield County was the first local government to ever make this list. He recognized Mr. Kevin Bruny, Chief Learning Officer and University Dean, and his staff for the accomplishment. 2.B. LEGISLATIVE UPDATE Ms. Curtin provided an update on the legislative process from the 2008 General Assembly session. She stated the legislative session has been extended due to prolonged negotiations on the budget and hopefully will have a budget available tomorrow. She further stated the state budget is expected to have approximately $55 million in cuts. She explained the Veto session has been moved to April 23, and a final report will be available after that date. In response to Ms. Durfee's question, Ms. Curtin provided a clarification for SB 768, stating it was carried over for a year and the House Rules Committee will have to take action on it. She stated there are plans for discussions with other localities throughout the summer. Mr. Warren stated the Virginia Association of Counties Board took a strong position against SB 768. In response to Mr. Warren's question, Ms. Curtin stated there are discussions ongoing regarding transportation relief for localities. i`.r i i~r 08-156 03/12/08 3. BOARD MEMBER REPORTS ~..I Ms. Jaeckle announced the dates and times for her constituent meetings in the Bermuda District to review the budget. Mr. Holland stated he had a successful community meeting and is planning another meeting at the end of the month. 4. REQUESTS TO POSTPONE AGENDA ITEMS AND ADDITIONS, DELETIONS OR CHANGES IN THE ORDER OF PRESENTATION On motion of Mr. Gecker, seconded by Ms. Jaeckle, the Board added Item 8.B.14., Resolution Regarding the Presidential Primary Votes Not Counted. Ayes: Warren, Gecker, Jaeckle, Holland and Durfee. Nays: None. 5. RESOLUTIONS 5.A. RECOGNIZING LIEUTENANT JAMES B. HERRING, CHESTERFIELD COUNTY POLICE DEPARTMENT, FOR HIS BRAVERY AND DEDICATED SERVICE TO CHESTERFIELD COUNTY AND THE NATION Colonel Dupuis introduced Lieutenant James Herring, who was present, with members of his family, to receive the resolution. On motion of the Board, the following resolution was adopted: WHEREAS, James B. Herring is a lieutenant in the Chesterfield County Police Department; and WHEREAS, Lieutenant Herring is currently serving as a reserve Chief Warrant Officer 4 with the U. S. Army National Guard; and WHEREAS, as a police officer, Lieutenant Herring served in the Street Drugs section and Support Services Division, as well as serving as a crash team member, Police Emergency Response Team member, and as Commander of the Special Response Unit; and' WHEREAS, Lieutenant Herring has earned the Police Star and the Medal of Valor, as well as a combat ribbon, for his service with the Chesterfield County Police Department; and WHEREAS, as a North Carolina National Guardsman serving in Iraq, then CWO-3 Herring was leading a five-vehicle patrol on December 23, 2006 in the village of Tahrir, near Baquabah, Iraq in search of a Sunni-Arab insurgent cell responsible for numerous assaults on coalition forces; and WHEREAS, his patrol came under fierce attack from machine-gun fire from three insurgents initially, and then was attacked by 20 more insurgents in a well-planned ambush; and WHEREAS, when his driver was shot and wounded, the vehicle in which CWO-3 Herring was riding came to a halt, at which time he exited the vehicle and with his rifle, killed two enemy gunners who had attacked the convoy from another direction; and 08-157 03/12/08 WHEREAS, returning to the vehicle, CWO-3 Herring, realizing that his driver was critically wounded, exited the relative safety of the vehicle a second time, and was knocked to the ground by the impact of a rocket-propelled grenade; and WHEREAS, recovering, CWO-3 Herring then ran to the driver's side of the vehicle and removed the driver, carrying him to the rear of the vehicle so he could be treated by a medic; and WHEREAS, CWO-3 Herring then drove the damaged vehicle to safety at Forward Operating Base Gabe while keeping higher headquarters apprised of the situation and calling for medical assistance for his crew. WHEREAS, CWO-4 James B. Herring was credited with turning the tide of battle against a well-prepared enemy and saving the lives of 23 American and Iraqi soldiers, for which he was awarded the Silver Star for his courageous and selfless actions while serving his country in Iraq. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 12th day of March 2008, publicly recognizes CWO-4 James B. Herring for the actions that led to his Silver Star, thanks him for his brave and dedicated service both to Chesterfield County and the nation, and extends best wishes to him and his family for well- deserved health, happiness and peace in the years ahead. Ayes: Warren, Gecker, Jaeckle, Holland and Durfee. Nays: None. Mr. Warren presented the executed resolution to Lieutenant Herring and expressed appreciation for his dedicated service. Lieutenant Herring expressed appreciation for the opportunity to work at Chesterfield County and for the support given to him throughout his career. 5.B. RECOGNIZING SERGEANT A. E. "LONNIE" OTT, POLICE DEPARTMENT, UPON HIS RETIREMENT Colonel Dupuis introduced Sergeant "Lonnie" Ott, who was present, with his wife, to receive the resolution. On motion of the Board, the following resolution was adopted: WHEREAS, Sergeant A. E. "Lonnie" Ott retired from the Chesterfield County Police Department on March 1, 2008; after faithfully serving the county in the capacity of patrol officer, investigator, detective, and sergeant; and WHEREAS, Sergeant Ott began his law enforcement career at the age of 18 while serving as a cadet with the City of Richmond Police Department; and WHEREAS, Sergeant Ott has served in law enforcement for 37 years, 33 of which were with the Chesterfield County Police Department; and WHEREAS, Sergeant Ott was selected twice as Police Officer of the Year, first in 1976 and again in 1994; and WHEREAS, Sergeant Ott, during his tenure as a detective, received commendations for his interview, interrogation and investigative skills in the resolution of two homicide cases, 08-158 03/12/08 namely the Walthall Amoco Station homicide, which was solved in eight hours with the arrest of the three suspects responsible; and the Rosenbluth homicides, where he demonstrated outstanding intelligence by piecing together the evidence of what amounted to an elaborate puzzle that led to the arrest and conviction of two suspects; and WHEREAS, Sergeant Ott distinguished himself through devotion to duty while assisting in a rape case, and due to his superior investigative skills and innovative techniques, a suspect, who was a serial rapist, was identified, arrested and convicted, thereby removing him from society and contributing to making Chesterfield County a safe and secure community; and WHEREAS, Sergeant Ott, during his tenure as a detective, was commended and recognized for his heroic actions during the investigation of a bank robbery suspect; as the suspect was firing shots at two FBI agents, Detective Ott was able to chase and tackle him, and the suspect was quickly subdued and charged with attempted murder and several counts of bank robbery, and for his brave actions, Detective Ott was awarded the Police Department's Medal of Valor; and WHEREAS, in 1996, Sergeant Ott was selected by the County Administrator to serve on the police chief selection committee, whereby, Colonel Carl R. Baker was hired; and WHEREAS, Sergeant Ott has received numerous letters of thanks and appreciation for service rendered to the citizens of Chesterfield County and has provided the Chesterfield County Police Department with many years of loyal and dedicated service; and WHEREAS, Chesterfield County and the Board of Supervisors will miss Sergeant Ott's diligent service. NOW, THEREFORE, BE IT RESOLVED, that the Chesterfield County Board of Supervisors, this 12th day of March 2008, publicly recognizes Sergeant A. E. "Lonnie" Ott, 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. AND, BE IT FURTHER RESOLVED, that a copy of this resolution be presented to Sergeant Ott, and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County. Ayes: Warren, Gecker, Jaeckle, Holland and Durfee. Nays: None. Mr. Warren presented the executed resolution, acrylic statue and watch to Sergeant Ott, expressed appreciation for his dedicated service and congratulated him on his retirement. Sergeant Ott expressed appreciation to his family and Chesterfield County for the support they have given him throughout his career. 5.C. RECOGNIZING MEMBERS OF THE REAL ESTATE ASSESSMENTS PUBLIC INFORMATION COMMITTEE FOR THEIR CONTRIBUTIONS IN CREATING AN INFORMATIONAL BROCHURE FOR COUNTY RESIDENTS Mr. Davis introduced Mrs. Dale Bishop, Mr. Joseph L. Dotson, III, Mrs. Jean B. Webber and Mrs. Sandra Walker, who were present to receive the resolutions. 08-159 03/12/08 On motion of the Board, the following resolution was adopted: WHEREAS, a Public Information Committee formed by the Department of Real Estate Assessments was activated for the purpose of creating an informational brochure for residents of Chesterfield County; and WHEREAS, it was the goal of the committee to assist citizens in understanding the methods, practices, and procedures of the real estate assessment process; and WHEREAS, there was a desire and need for citizen input and participation on the committee in order to more effectively identify and understand the informational needs of residents; and WHEREAS, Mrs. Dale 0. Bishop, a 10-year resident of Chesterfield County; Ms. Dorothy S. Bruno, a 14-year resident of Chesterfield County; Mr. Joseph L. Dotson, III, a 44-year resident of Chesterfield County; Mr. John Maguire, a 12-year resident of Chesterfield County; Mrs. Jean B. Webber, a 42- year resident of Chesterfield County; and Mrs. Sandra Walker, a 33-year resident of Chesterfield County, volunteered to serve on the Public Information Committee; and WHEREAS, Mrs. Bishop, Ms. Bruno, Mr. Dotson, Mr. Maguire, Mrs. Webber and Mrs. Walker freely gave of their time to meet for several months to assist the committee in the development and design of this informational brochure; and WHEREAS, the contributions of Mrs. Bishop, Ms. Bruno, Mr. Dotson, Mr. Maguire, Mrs. Webber and Mrs. Walker to the committee were invaluable in meeting its goal; and WHEREAS, the brochure was completed, printed and distributed January 18, 2008, to residents along with annual real estate assessment notices; and WHEREAS, the brochure was well received and appreciated by residents of Chesterfield County. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 12th day of March 2008, publicly recognizes the contributions of Mrs. Dale O. Bishop, Ms. Dorothy S. Bruno, Mr. Joseph L. Dotson, III, Mr. John Maguire, Mrs. Jean B. Webber and Mrs. Sandra Walker, and extends appreciation for their willingness to volunteer their services to the county. AND, BE IT FURTHER RESOLVED, that a copy of this resolution be presented to Mrs. Bishop, Ms. Bruno, Mr. Dotson, Mr. Maguire, Mrs. Webber and Mrs. Walker and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Ayes: Warren, Gecker, Jaeckle, Holland and Durfee. Nays: None. Mr. Warren presented the resolutions to Mrs. Bishop, Mr. Dotson, Mrs. Webber and Mrs. Walker, and expressed appreciation for their hard work. i~ i~ 08-160 03/12/08 Mr. Stegmaier expressed appreciation for Mrs. Bishop, Mr. Dotson, Mrs. Webber and Mrs. Walker for volunteering on the Public Information Committee. (It is noted that Ms. Bruno and Mr. Maguire were unable to attend the meeting and receive their resolution publicly.) 6. WORK SESSIONS o THE COUNTY ADMINISTRATOR'S FY2009-FY2010 PROPOSED BUDGET __ INCLUDING PRESENTATIONS FROM THE MANAGEMENT SERVICES DIVISION, THE POLICE DEPARTMENT, AND THE FIRE AND EMERGENCY MEDICAL SERVICES DEPARTMENT MANAGEMENT SERVICES efficiency. Mr. Johnson provided an overview of the proposed FY2009 budget for the Management Services Division. He stated the total proposed Management Services budget for FY2009 is $111.1 million. He provided details of major increases in various areas of the budget. He stated Management Services' scores on the Organizational Climate Assessment in the areas of values and ethics speak highly about the county's leadership. He reviewed staffing ratios; support services; purchasing staff ratio; ratios of square footage per maintenance and custodial workers; Accounting Department hours saved from process improvements; and cost of Internal Audit functions. He then provided the results from various areas of Management Services that received high ratings in customer service. He stated Management Services employee scores on the Organizational Climate Assessment are very high in the area of employer of choice compared to best performing organizations in both the public and private sectors. He reviewed data regarding Risk Management and the number of work related injuries. He then provided details on the amount of funds brought in from the License Inspector for vehicle license enforcement. He then reviewed Environmental Management milestones. He discussed challenges of the division related to technology, staffing and energy In response to Ms. Jaeckle's questions, Mr. Stegmaier stated each police car is equipped with a computer, which requires Information Systems support staff to maintain the systems. He then stated, as more services are provided online to the citizens, it reduces the number of citizens coming into the complex, but additional support staff is needed behind the scenes to ensure the systems operate correctly. Mr. Holland expressed appreciation for the presentation made by Mr. Johnson. In response to Mr. Holland's question, Mr. Johnson stated the Fleet Division is continuously reviewing procedures to search for cost savings in relation to the rising cost of fuel. He further stated he would provide a copy of the Fleet Utilization Study to the Board. Mr. Warren thanked Mr. Johnson for the presentation. 08-161 03/12/08 POLICE DEPARTMENT Colonel Dupuis provided an overview of the Police Department's proposed FY2009 budget. He reviewed the Mission and Vision Statements; the core values and goals for the Police Department. He then reviewed challenges and trends that are impacting the Police Department and accomplishments during 2007 and provided statistics from 2000 for various key measures. He reviewed calls for service; average response times; Incident Base Reporting (IBR) incident reported to Virginia State Police; total burglaries and robbery incidents; IBR Group A clearance rate; selected incidents clearance rates; a comparison of cost per capita for law enforcement services; and number of volunteer hours. He stated the proposed budget includes an additional funding request of $1,789,500 for 15 sworn officers, indicating that increased officer strength is necessary for beat restructure, minimum staffing, response times, task forces and the terrorism/intelligence unit. He further stated the proposed budget also includes additional funding for grant positions, a forensic supervisor, a white collar/cyber crime analyst, an automation analyst, and training specialists. He next presented an overview of the Animal Control Division's proposed FY2009 budget. He reviewed challenges and trends related to animal control. He then reviewed calls for service; animals impounded; animals returned to owner; and animals adopted. He stated the FY2009 proposed budget for the Animal Control Division included additional funding for a senior office assistant and a kennelmaster. He further stated the FY2010 proposed budget for Animal Control included additional funding for an animal control officer and an additional kennelmaster. Mr. Warren thanked Colonel Dupuis for the presentation. In response to Ms. Jaeckle's question, Colonel Dupuis explained how his philosophy differs from traditional police philosophy of the number of police officers needed during the day would be greater than at night. He indicated that he believes just as many officers are needed at night because being seen is a good deterrent for crimes. In response to Ms. Durfee's question, Colonel Dupuis provided an explanation for the process of prioritizing calls for service. Ms . Durfee stated she thought more police officers needed to be patrolling at the peak times when DUI offenders are on the streets, which is early morning. Mr. Holland thanked Colonel Dupuis for the excellent presentation. In response to Mr. Holland's question, Colonel Dupuis provided a brief history of the Teen Academy through the Police Department. Ms. Jaeckle suggested reviewing the call tier system and coming up with a priority 4 for the non-emergency calls. In response to Mr. Warren's questions, Colonel Dupuis stated the Police Department is losing police officers to surrounding localities, the private sector and the federal 08-162 03/12/08 government due to the compression of salaries. He further stated the key funding source from the state are the House Bill 599 funds and the Police Department is working to maintain those funds. FIRE AND EMERGENCY MEDICAL SERVICES Chief Mauger presented an overview of Fire and Emergency Medical Services' proposed FY2009 budget. He highlighted Fire and EMS successes during 2007. He provided details of a comparison of department cost per capita and increased total county fire/EMS incidents. He stated the proposed FY2009 budget includes funding to address some support staff positions. He discussed challenges facing the organization to include increasing demand for services; maintaining adequate staffing levels; response times and response reliability; and maintaining infrastructure. He summarized the department's focus for FY2009 and thanked the Board for its continued support. In response to Ms. Jaeckle's question, Chief Mauger explained the numbers of calls are increasing, due to more calls per capita and increases in population. Ms. Durfee stated it is important the correct information is available to the citizens regarding the response times for service calls. Mr. Holland thanked Chief Mauger for the excellent presentation. 7. DEFERRED ITEMS 7.A. CONSIDERATION OF ROAD IMPACT FEES Mr. Micas stated the Board held a public hearing and deferred to this date consideration of road impact fees. Mr. warren stated the county has an opportunity to negotiate over the next couple of months and meet with the development community to discuss on the road impact fees. On motion of Mr. Warren, seconded by Mr. Holland, the Board deferred consideration of road impact fees to June 25, 2008. Ayes: Warren, Gecker, Jaeckle, Holland and Durfee. Nays: None. 7.B. ACCEPTANCE OF PARCELS OF LAND ALONG THE NORTH RIGHT OF WAY LINE OF WATKINS CENTRE PARKWAY FROM WATKINS LAND, L.L.C. Mr. Stith stated the Board held a public hearing and deferred to this date consideration of the acceptance of parcels of land along the north right of way line of Watkins Centre Parkway from Watkins Land, L.L.C. On motion of Mr. Gecker, seconded by Mr. Holland, the Board accepted 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., and authorized the County Administrator to execute the deed. (It 08-163 03/12/08 is noted copies of the plats are filed with the papers of this Board.) Ayes: Warren, Gecker, Jaeckle, Holland and Durfee. Nays: None. 7.C. ZONING CASE 08RW0271 - MICHAUX ASSOCIATES, L.L.C., MIDLOTHIAN DISTRICT Ms. Durfee stated approval of exceptions is going to become an issue for new development with Chesapeake Bay Preservation Act requirements. On motion of Mr. Gecker, seconded by Ms. Jaeckle, the Board approved Case 08RW0271 - Michaux Associates, L.L.C., in the Midlothian District. Ayes: Warren, Gecker, Jaeckle and Holland. Nays : Durfee . 8. NEW BUSINESS 8.A. APPOINTMENTS On motion of Mr. Holland, seconded by Mr. Gecker, the Board suspended its rules to allow simultaneous nomination /appointment/reappointment of members to serve on various committees. Ayes: Warren, Gecker, Jaeckle, Holland and Durfee. Nays: None. 8.A.1. PRESERVATION COMMITTEE On motion of Mr. Holland, seconded by Mr. Gecker, the Board simultaneously nominated/reappointed Ms. Mary Ellen Howe, Mr. James V. Daniels, Mr. J. Carl Morris, Mr. G. M. "Skip" Wallace, Mr. Bryan Walker, Mr. John V. Cogbill and Mr. George Emerson to serve on the Preservation Committee, whose terms are effective March 12, 2008 to March 9, 2011. Ayes: Warren, Gecker, Jaeckle, Holland and Durfee. Nays: None. 8.A.2. COMMITTEE ON THE FUTURE On motion of Mr. Holland, seconded by Mr. Gecker, the Board simultaneously nominated/appointed Mr. Richard M. Jacobs to serve on the Committee on the Future, who will serve at the pleasure of the Board. Ayes: Warren, Gecker, Jaeckle, Holland and Durfee. Nays: None. 8.A.3. SUSTAIN OUR COMMUNITIES COMMITTEE On motion of Mr. Holland, seconded by Mr. Gecker, the Board simultaneously nominated/appointed Mr. Eric Carroll to serve on the Sustain our Communities Committee, whose term is effective March 13, 2008 and expires on December 31, 2010. Ayes: Warren, Gecker, Jaeckle, Holland and Durfee. Nays: None. i i,,,r i~ 08-164 03/12/08 8.B. CONSENT ITEMS On motion of Mr. Gecker, seconded by Mr. Warren, the Board removed Item 8.B.14., Resolution Regarding the Presidential Votes Not Counted, from the Consent Agenda for public comment. Ayes: Warren, Gecker, Jaeckle, Holland and Durfee. Nays: None. 8.B.1. ADOPTION OF RESOLUTIONS 8.B.l.a. RECOGNIZING MARCH 2008, AS "PURCHASING MONTH" On motion of Mr. Gecker, seconded by Mr. Warren, the Board adopted the following resolution: WHEREAS, the purchasing and materials management profession has a significant role in the quality, efficiency and profitability of business and government throughout the United States; and WHEREAS, the purchasing and materials management profession works for private and public, and profit and nonprofit organizations; and WHEREAS, in addition to the purchase of goods and services, the purchasing and materials management profession engages in or has direct responsibility for functions such as executing, implementing and administering contracts; developing forecast and procurement strategies; supervising and/or monitoring the flow and storage of materials; and developing working relations with suppliers and with other departments within the organization; and WHEREAS, the purchasing and materials management profession has tremendous influence on the economic conditions in the United States, with an accumulative purchasing power running into the billions of dollars; and WHEREAS, purchasing or procurement operations range from departments of one person to several thousand; and WHEREAS, governmental purchasing and other associations around the world are sponsoring activities and special events to further educate and inform the general public on the role of purchasing within business, industry and government. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors hereby recognizes the month of March 2008, as "Purchasing Month" in Chesterfield County and encourages all citizens to join in commemorating this observance. Ayes: Warren, Gecker, Jaeckle, Holland and Durfee. Nays: None. 08-165 03/12/08 8.B.l.b. RECOGNIZING MR. JOSEPH C. KELLY, TROOP 175, UPON ATTAINING THE RANK OF EAGLE SCOUT On motion of Mr. Gecker, seconded by Mr. Warren, the Board adopted the following resolution: WHEREAS, the Boy Scouts of America was incorporated by Mr. William D. Boyce on February 8, 1910, and was chartered by Congress in 1916; and WHEREAS, the Boy Scouts of America was founded to build character, provide citizenship training and promote physical fitness; and WHEREAS, after earning at least twenty-one merit badges in a wide variety of skills including leadership, service and outdoor life, serving in a leadership position in a troop, carrying out a service project beneficial to their community, being active in the troop, demonstrating Scout spirit, and living up to the Scout Oath and Law Mr. Joseph C. Kelly, II, Troop 175, sponsored by Second Presbyterian Church, has 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, Joseph has distinguished himself as a member of a new generation of prepared young citizens of whom we can all be very proud. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors hereby extends its congratulations to Mr. Joseph C. Kelly, II, Troop 175, sponsored by Second Presbyterian Church, and acknowledges the good fortune of the county to have such an outstanding young man as one of its citizens. Ayes: Warren, Gecker, Jaeckle, Holland and Durfee. Nays: None. 8.B.l.c. RECOGNIZING MR. H. EDWARD JAMES, PURCHASING DEPARTMENT, UPON HIS RETIREMENT On motion of Mr. Gecker, seconded by Mr. Warren, the Board adopted the following resolution: WHEREAS, Mr. H. Edward James retired from the Chesterfield County Purchasing Department on March 1, 2008 after providing over 36 years of service to Chesterfield County; and WHEREAS, Mr. James began his public service with Chesterfield County on June 28, 1971 in the Department of General Services as a buyer who purchased goods, services, and construction for Chesterfield County Government and Chesterfield County Public Schools, and performed numerous other duties within the Department of General Services, including oversight of the Buildings and Grounds Division and the County Garage now known as the Fleet Management Division, ~../ `.r~ i~ 08-166 03/12/08 and was responsible for various risk management and insurance functions prior to the creation of the Risk Management Department in 1981; and WHEREAS, Mr. James was promoted to the position of administrative assistant in 1973 and was assigned management responsibilities while serving as assistant to the Director of General Services, and was assigned the duties and responsibilities of the Director of General Services position during the director's absence; and WHEREAS, Mr. James developed in 1974 the first commodity based mailing list application for vendors to select those goods and services for which they wanted to receive invitation for bids and requests for proposals; and WHEREAS, Mr. James was promoted to the position of Director of Purchasing in January 1978 when the Purchasing Department was established as a separate entity from the Department of General Services, and he assumed responsibility for the consolidated procurement operation for both Chesterfield County Government and Chesterfield County Public Schools, one of only a few consolidated public procurement departments in the Commonwealth of Virginia for political subdivisions; and WHEREAS, Mr. James developed the first comprehensive purchasing manual for the county, which sets forth policies and procedures for centralized procurement for Chesterfield County Government and Chesterfield County Public Schools, and he received the prestigious Certified Public Purchasing Officer (CPPO) designation by the National Institute of Governmental Purchasing on October 29, 1980; and WHEREAS, Mr. James served with honor and distinction in successive offices as Treasurer, Secretary, Vice-President, and President of the Capital Area Purchasing Association, and in so doing brought honor and distinction to Chesterfield County in the execution of his duties; and WHEREAS, Mr. James introduced the concept and managed the implementation of a formal cost avoidance program to capture cost savings of taxpayers' dollars, which was recognized by the National Association of Counties with an achievement award in 1993; and WHEREAS, Mr. James was instrumental in the effort, which led to the Purchasing Department becoming the eighth public procurement entity within the United States, Canada, Ireland and England, and the first locality or state agency in Virginia, to receive national accreditation for purchasing excellence by the National Institute of Governmental Purchasing; and WHEREAS, during his tenure, Mr. James guided the Purchasing Department as it matured from a transaction-based procurement operation to a value added, contract-based operation, offering numerous cost savings and increased levels of efficiency, and he also developed one of the first departmental customer satisfaction measuring surveys in Chesterfield County Government and used this tool to both measure and improve the delivery of procurement services to customers; and WHEREAS, Mr. James served on the county's first Total Quality Improvement Steering Committee and helped introduce the quality concept to county employees; and WHEREAS, Mr. James has faithfully and effectively discharged his duties in each and every capacity with 08-167 03/12/08 proficiency, dedication, and an unwavering commitment to provide procurement services which are in full compliance with all applicable laws, policies, and procedures, and has practiced an unwavering commitment to the highest ethical and moral standards while continuing to obtain the best value for the taxpayers of Chesterfield County. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 12th day of March 2008, recognizes Mr. H. Edward James and extends appreciation for his more than 36 years of dedicated service to the county, congratulations upon his retirement, and best wishes for a long and happy retirement. Ayes: Warren, Gecker, Jaeckle, Holland and Durfee. Nays: None. 8.B.2. REVISION OF AMBULANCE FEE SCHEDULE FOR CHESTERFIELD FIRE AND EMERGENCY MEDICAL SERVICES On motion of Mr. Gecker, seconded by Mr. Warren, the Board revised the ambulance fee schedule for Chesterfield Fire and Emergency Medical Services as follows: BLS-1 Emergency $350 ALS-1 Emergency $450 plus other fees Ayes: Warren, Gecker, Jaeckle, Holland and Durfee. Nays: None. 8.B.4. AWARD OF CONSTRUCTION CONTRACTS 8.B.4.a. TO RAYMOND KEY COMMERCIAL CONTRACTING, LLC FOR THE CHESTERFIELD COUNTY COURTS BUILDING ADDITION AND RENOVATIONS PROJECT On motion of Mr. Gecker, seconded by Mr. Holland, the Board authorized the County Administrator to execute a contract with Raymond Key Commercial Contracting, LLC in the amount of $3,876,980 for the Chesterfield County Courts Building Addition and Renovation Project. Ayes: Warren, Gecker, Jaeckle, Holland and Durfee. Nays: None. 8.B.4.b. TO GULF SEABOARD GENERAL CONTRACTORS, INCORPORATED FOR THE RENOVATION OF THE SECOND FLOOR OF THE LANE B. RAMSEY ADMINISTRATION BUILDING AND THE OLD POLICE EVIDENCE FIRE ADMINISTRATION BUILDING On motion of Mr. Gecker, seconded by Mr. Warren, the Board authorized the County Administrator to execute a contract, subject to favorable reference checks, with Gulf Seaboard General Contractors, Incorporated in the amount of $1,037,000, for the renovation of the second floor of the Lane B. Ramsey Administration Building and old Police Evidence/Fire Administration Building. Ayes: Warren, Gecker, Jaeckle, Holland and Durfee. Nays: None. ../ 08-168 03/12/08 8.B.5. AUTHORIZE THE COUNTY ADMINISTRATOR TO EXECUTE CHANGE ORDER NUMBER ONE TO THE CONSTRUCTION CONTRACT FOR ETTRICK PARK WALKING TRAIL On motion of Mr. Gecker, seconded by Mr. Warren, the Board authorized the County Administrator to execute Change Order Number One, in the amount of $43,630, to the construction contract with Southern Paving Corporation for work at Ettrick Park, for the walking trail. Ayes: Warren, Gecker, Jaeckle, Holland and Durfee. Nays: None. 8.B.6. AUTHORIZE THE COUNTY ADMINISTRATOR OR HIS DESIGNEE TO EXECUTE A LAW ENFORCEMENT MUTUAL AID AGREEMENT BETWEEN CHESTERFIELD COUNTY AND HANOVER COUNTY On motion of Mr. Gecker, seconded by Mr. Warren, the Board authorized the County Administrator or his designee to execute a Law Enforcement Mutual Aid Agreement between Chesterfield County and Hanover County. (It is noted a copy of the agreement is filed with the papers of this Board.) Ayes: Warren, Gecker, Jaeckle, Holland and Durfee. Nays: None. 8.B.7. SET DATE FOR PUBLIC HEARING TO CONSIDER PROPOSED AMENDMENT TO SECTIONS 19-181 AND 19-301 OF THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED, PERTAINING TO UNMANNED (SELF-SERVICE) MOTOR VEHICLE FUELING FACILITIES IN THE I-1 ZONING DISTRICT On motion of Mr. Gecker, seconded by Mr. Warren, the Board set April 9, 2008 for a public hearing to consider a proposed amendment to Sections 19-181 and 19-301 of the Code of the County of Chesterfield, 1997, as amended, pertaining to unmanned (self-service) motor vehicle fueling facilities in the I-1 zoning district. Ayes: Warren, Gecker, Jaeckle, Holland and Durfee. Nays: None. 8.B.8. STATE ROAD ACCEPTANCE On motion of Mr. Gecker, seconded by Mr. Warren, the Board adopted the following resolution: WHEREAS, the streets described below are shown on plats recorded in the Clerk's Office of the Circuit Court of Chesterfield County; and WHEREAS, the Resident Engineer for 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, 08-169 03/12/08 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. Project: Oak Forest, Sectioa 7 and a portion of Sectioa 1 Type Change to the Secondary System of State Addition Reasoa for Change: New subdivision street Pursuant to Code of Virginia X33.1-229 Street Name aad/or Route • Ferintosh Laae, State Route Number 5637 From: Halloway Av., (Rt. 722) To: Ferintosh Ct., (Rt. 5638), a distance of: Recordation Reference: Pb. 27 Pg. 75 Right of way width (feet) = 50 Ft. • Ferintosh Lane, State Route Number 5637 From: Ferintosh Ct., (Rt. 5638) To: Ferintosh P1., (Rt. 5639), a distance of: Recordation Reference: Pb. 128 Pg. 33 Right of Way width (feet) = 50 Ft. • Feriatosh Laae, State Route Number 5637 From: Ferintosh P1., (Rt. 5639) To: Cul-de-sac, a distance of: 0.02 miles. Recordation Reference: Pb. 128 Pg. 33 Right of Way width (feet) = 50 Ft. • Feriatosh Court, State Route Number 5638 From: Ferintosh Ln., (Rt. 5637) To: Cul-de-sac, a distance of: 0.05 miles. Recordation Reference: Pb. 128 Pg. 33 Right of Way width (feet) = 50 Ft. • Ferintosh Place, State Route Number 5639 From: Ferintosh Ln., (Rt. 5637) To: Cul-de-sac, a distance of: 0.05 miles. Recordation Reference: Pb. 128 Pg. 33 Right of Way width (feet) = 50 Ft. 0.06 miles. 0.20 miles. 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 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. i~ i 08-170 03/12/08 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. ~., i ~.. i 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: Winterfield Station Sec. 1 Type Change 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 • West Winterfield Road, State Route Number 7268 From: Winterfield Rd., (Rt. 714) To: Amajess Ln., (Rt. 7272), a distance of: 0.04 miles. Recordation Reference: Pb. 150 Pg. 20 Right of Way width (feet) = 70 • Amajess Lane, State Route Number 7272 From: West Winterfield Rd., (Rt. 7268) To: Cul-de-sac, a distance of: 0.26 miles. Recordation Reference: Pb. 150 Pg. 20 Right of way width (feet) = 50 • West Winterfield Road, State Route Number 7268 From: Amajess Ln., (Rt. 7272) To: Rigney Dr., (Rt. 7269), a distance of: 0.15 miles. Recordation Reference: Pb. 150 Pg. 20 Right of way width (feet) = 70 • Roderick Court, State Route Number 7271 From: West Winterfield Rd., (Rt. 7268) To: Marylebane Ln., (Rt. 7270), a distance of: 0.05 miles. Recordation Reference: Pb. 150 Pg. 20 Right of Way width (feet) = 50 • Marylebane Lane, State Route Number 7270 From: Roderick Ct., (Rt. 7271) To: Cul-de-sac, a distance of: 0.04 miles. Recordation Reference: Pb. 150 Pg. 20 Right of Way width (feet) = 50 • Marylebane Lane, State Route Number 7270 From: Roderick Ct., (Rt. 7271) To: Cul-de-sac, a distance of: 0.08 miles. Recordation Reference: Pb. 150 Pg. 20 Right of Way width (feet) = 50 • Roderick Court, State Route Number 7271 From: Marylebane Ln., (Rt. 7270) To: Cul-de-sac, a distance of: 0.12 miles. 08-171 03/12/08 Recordation Reference: Pb. 150 Pg. 20 Right of Way width (feet) = 50 • West Winterfield Road, State Route Number 7268 From: Rigney Dr., (Rt. 7269) To: Cul-de-sac, a distance of: 0.04 miles. Recordation Reference: Pb. 150 Pg. 20 Right of way width (feet) = 70 • Rigney Drive, State Route Number 7269 From: West Winterfield Rd., (Rt. 7268) To: Cul-de-sac, a distance of: 0.06 miles. Recordation Reference: Pb. 150 Pg. 20 Right of Way width (feet) = 50 Ayes: Warren, Gecker, Jaeckle, Holland and Durfee. Nays: None. 8.B.9. ACCEPTANCE OF PARCELS OF LAND 8.B.9.a. ALONG IRON BRIDGE ROAD AND FOR THE EXTENSION OF KINGSLAND GLEN DRIVE FROM CHESTERFIELD BUSINESS PARTNERS LLC On motion of Mr. Gecker, seconded by Mr. Warren, the Board accepted conveyance of a parcel of land containing 6.596 acres along Iron Bridge Road and for the extension of Kingsland Glen Drive from Chesterfield Business Partners LLC and authorized the County Administrator to execute the deed. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Warren, Gecker, Jaeckle, Holland and Durfee. Nays: None. 8.B.9.b. ALONG WATERFORD LAKE DRIVE FROM VANINE HOLDINGS, LLC On motion of Mr. Gecker, seconded by Mr. Warren, the Board accepted conveyance of a parcel of land containing 0.040 acres along Waterford Lake Drive from Vanine Holdings, LLC, and authorized the County Administrator to execute the deed. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Warren, Gecker, Jaeckle, Holland and Durfee. Nays: None. 8.B.10. REQUEST FOR PERMISSION FROM RICHARD K. MCLAUGHLIN FOR A GRAVEL DRIVEWAY TO ENCROACH WITHIN A FORTY- FOOT UNIMPROVED COUNTY RIGHT OF WAY KNOWN AS WERTH STREET TO ACCESS LOT 378, BLOCK M, PLAN OF CHESTER On motion of Mr. Gecker, seconded by Mr. Warren, the Board approved a request from Richard K. McLaughlin for permission for a gravel driveway to encroach within a 40-foot county right of way known as Werth Street to access Lot 378, Block M, Plan of Chester, 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: Warren, Gecker, Jaeckle, Holland and Durfee. Nays: None. i~ i~ I `~ 08-172 03/12/08 8.B.11. APPROVAL OF THE PURCHASE OF A PARCEL OF LAND NORTH OF WEST PROVIDENCE ROAD On motion of Mr. Gecker, seconded by Mr. Warren, the Board approved the purchase of a parcel of land containing 10 acres, more or less, for $32,000, from Courthouse Acres Partnership and authorized the County Administrator to execute the sales contract and deed and approve the transfer of funds from Park Improvements CIP Funding. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Warren, Gecker, Jaeckle, Holland and Durfee. Nays: None. 8.B.12. AUTHORIZE THE COUNTY ADMINISTRATOR TO EXECUTE BENEFIT CONSULTING CONTRACTS WITH MERCER LLC AND WACHOVIA INSURANCE SERVICES, INCORPORATED On motion of Mr. Gecker, seconded by Mr. Warren, the Board authorized the County Administrator to execute Benefit Consulting Contracts with Mercer LLC and Wachovia Insurance Services, Incorporated. Ayes: Warren, Gecker, Jaeckle, Holland and Durfee. Nays: None. 8.B.13. TRANSFER OF DISTRICT IMPROVEMENT FUNDS TO THE CHESTERFIELD COUNTY SCHOOL BOARD FOR POST-PROM CELEBRATIONS On motion of Mr. Gecker, seconded by Mr. Warren, the Board transferred $1,900 from the Bermuda District Improvement Fund; $2,900 from the Clover Hill District Improvement Fund; $1,900 from the Dale District Improvement Fund; $2,900 from the Matoaca District Improvement Fund; and $2,400 from the Midlothian District Improvement Fund to the Chesterfield County School Board for drug- and alcohol-free post-prom celebrations, subject to the conditions described in the papers of this Board. Ayes: warren, Gecker, Jaeckle, Holland and Durfee. Nays: None. The following items was removed from the Consent Agenda for public comment: 8.B.14. RESOLUTION REGARDING THE PRESIDENTIAL PRIMARY VOTES NOT COUNTED Mr. George Beadles spoke in support of the resolution. He expressed concerns over the lateness of the resolution being submitted for public review. Ms. Durfee expressed concerns regarding adopting a resolution before the State Board of Elections had made a final decision on the matter. She stated she did not want the resolution to be perceived as sending the wrong message. 08-173 03/12/08 In response to Mr. document was simply state government. Warren's question, Mr. Micas stated the a petition from a local government to a Ms. Durfee concurred with Mr. Beadles in the lateness of the resolution for public review and was in part her decision not to support the resolution at that time and to substantiate a deferral motion. Ms. Durfee clarified her reasons to not support the resolution at the time based on reasons described and further stated her concerns for the disenfranchised voters. Ms. Durfee made a motion to defer the Resolution Regarding the Presidential Primary Votes Not Counted. Ms. Durfee's motion died for a lack of a second. On motion of Mr. Gecker, seconded by Ms. Jaeckle, the Board adopted the following resolution: WHEREAS, voters in Chesterfield County participated in Presidential primary on February 12, 2008; and WHEREAS, certain precincts had an insufficient number of official ballots; and WHEREAS, due to the official ballot shortage 299 voters, at the direction of election officials, handwrote their votes on forms other than the official ballots; and WHEREAS, a decision was made by the Chesterfield Electoral Board to allow handwritten ballots to be cast on blank paper by eligible county voters in cases where official ballots were not available; and WHEREAS, the State Board of Elections made the decision not to count the votes of the 299 individuals who voted by handwritten ballots in the primary elections in Chesterfield County; and WHEREAS, the right to vote is fundamental to the American people and every consideration should be given to ensuring that every vote counts; and WHEREAS, the Chesterfield Board of Supervisors strongly believes that none of its citizens should be disenfranchised by having ballots, cast in accordance with the instructions of those in charge of conducting the election, rejected. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield Board of Supervisors, this 12th day of March 2008, hereby urges the State Board of Elections to reconsider its decision not to count the 299 handwritten votes cast that day so that all citizens who voted may have their vote properly and officially recorded. Ayes: Warren, Gecker, Jaeckle and Holland. Nays: Durfee. i~ 08-174 03/12/08 The following item was removed from the Consent Agenda for Board discussion: 8.B.3. AWARD OF ANNUAL REQUIREMENTS CONTRACTS FOR ARCHITECTURAL SERVICES In response to Mr. Gecker's question, Mr. Stegmaier stated school staff has reviewed the contract and payments made to an architectural firm on the contractor's list and has assured the Board that no money is owed to the county from that firm. He further stated that the situation has been audited, both by internal and external auditors, and the conclusion is that the documentation is insufficient to make a determination on whether or not payment is due to the county. Mr. Gecker expressed concerns relative to awarding a contract to an architectural firm if it is unclear if the firm owes money to the county. On motion of Mr. Gecker, seconded by Ms. Durfee, the Board deferred consideration of the award of annual requirements contracts for architectural services until April 2, 2008. And, further, the Board directed staff to bring this item forward through Budget and Audit. Ayes: Warren, Gecker, Jaeckle, Holland and Durfee. Nays: None. 9. REPORTS 9.A. REPORT ON STATUS OF GENERAL FUND BALANCE, RESERVE FOR FUTURE CAPITAL PROJECTS, DISTRICT IMPROVEMENT FUNDS AND LEASE PURCHASES 9.B. REPORT ON ROADS ACCEPTED INTO THE STATE SECONDARY SYSTEM 9.C. REPORT OF PLANNING COMMISSION SUBSTANTIAL ACCORD DETERMINATION FOR T-MOBILE (CASE 08PD0244) TO CO-LOCATE AN ANTENNA ON A VIRGINIA POWER STRUCTURE LOCATED ON THE NORTHEAST LINE OF COALFIELD ROAD, ACROSS FROM GORHAM LANE 9.D. REPORT OF PLANNING COMMISSION SUBSTANTIAL ACCORD DETERMINATION FOR T-MOBILE (CASE 08PD0245) TO CO-LOCATE AN ANTENNA ON A VIRGINIA POWER STRUCTURE LOCATED ON THE SOUTH LINE OF KELMARBI ROAD, WEST OF BRANDERS BRIDGE ROAD ~., i 9.E. REPORT OF PLANNING COMMISSION SUBSTANTIAL ACCORD DETERMINATION FOR T-MOBILE (CASE 08PD0255) TO CO-LOCATE AN ANTENNA ON A VIRGINIA POWER STRUCTURE LOCATED ON THE EAST LINE OF O'BISQUE ROAD, SOUTH OF BELMONT ROAD On motion of Mr. Gecker, seconded by Mr. Warren, the Board accepted the following reports: a Report on Status of General Fund Balance, Reserve for Future Capital Projects, District Improvement Funds and Lease Purchases; a Report on Roads Accepted into the State Secondary System; a Report of Planning Commission Substantial Accord Determination for T- 08-175 03/12/08 Mobile (Case 08PD0244) to co-locate an antenna on a Virginia Power structure located on the northeast line of Coalfield Road, across from Gorham Lane; a Report on Planning Commission Substantial Accord Determination for T-Mobile (Case 08PD0245) to co-locate an antenna on a Virginia Power structure located on the south line of Kelmarbi Road, west of Branders Bridge; a Report of Planning Commission Substantial Accord Determination for T-Mobile (Case 08PD0255) to co- locate an antenna on a Virginia Power structure located on the east line of O'Bisque Road, south of Belmont Road. And, further, the following roads were accepted into the State Secondary System: T TITI T T T (1TT CYPRESS WOODS 1 (Effective 01/02/2008) Castlewellan Court (Route 7236) - From Castlewellan Drive (Route 7235) to Cul-de-sac Castlewellan Drive (Route 7235) - From Cypress Vine Drive (Route 7231) to Castlewellan Court (Route 7236) Castlewellan Drive (Route 7235) - From Castlewellan Court (Route 7236) to Cul-de-sac Castlewellan Terrace (Route 7234) - From Cypress Vine Drive (Route 7231) to Cul-de-sac r .urrr_Tu 0.03 Mi. ~I 0.20 Mi. 0.03 Mi. 0.05 Mi. Cypress Vine Drive (Route 7231) - From Naylors Blue Court (Route 7232) to Castlewellan Terrace (Route 7234) 0.05 Mi. Cypress Vine Drive (Route 7231) - From Castlewellan Drive (Route 7235) to temporary end of maintenance 0.03 Mi. Cypress Vine Drive (Route 7231) - From Old Bermuda Hundred Road (Route 618) to Naylors Blue Court (Route 7232) 0.04 Mi. Naylors Blue Court (Route 7232) - From Cypress Vine Drive (Route 7231) to Cul-de-sac 0.05 Mi. Naylors Blue Drive (Route 7233) - From Cypress Vine Drive (Route 7231) to temporary end of maintenance 0.01 Mi. CYPRESS WOODS 2 (Effective 01/02/2008) Cypress Vine Drive (Route 7231) - From 0.03 mile west of Castlewellan Drive (Route 7235) to Silverdust Lane (Route 7241) 0.03 Mi. Cypress Vine Drive (Route 7231) - From Silverdust Lane (Route 7241) to Cul-de-sac 0.02 Mi. i~ 08-176 03/12/08 Cypress Vine Drive (Route 7231) - From Cypress Vine Drive (Route 7231) to Silverdust Place (Route 7242) 0.10 Mi. +-. ~., Green Spire Drive (Route 7243) - From Silverdust Lane (Route 7241) to Golf Course Road (Route 620) 0.09 Mi. Silverdust Court (Route 7244) - From Silverdust Lane (Route 7241) to Cul-de-sac 0.04 Mi. Silverdust Lane (Route 7241) - From Silverdust Court (Route 7244) to Cul-de-sac 0.03 Mi. Silverdust Lane (Route 7241) - From Green Spire Drive (Route 7243) to Silverdust Court (Route 7244) 0.11 Mi. Silverdust Lane (Route 7241) - From Cypress Vine Drive (Route 7231) to Cul-de-sac 0.22 Mi. Silverdust Lane (Route 7241) - From Silverdust Place (Route 7242) to Green Spire Drive (Route 7243) 0.23 Mi. Silverdust Place (Route 7242) - From Silverdust Lane (Route 7241) to Cul-de-sac 0.03 Mi. KINGS FARM SECTION 5 (Effective 01/02/2008 Post Mill Drive (Route 5859) - From 0.01 mile northwest of Riverdowns South Drive (Route 5744) to Post Mill Place (Route 7204) 0.14 Mi. Post Mill Drive (Route 5859) - From Post Mill Terrace (Route 7205) to 0.01 mile south of Brewton Way (Route 5860) 0.11 Mi. Post Mill Drive (Route 5859) - From Post Mill Place (Route 7204) to Post Mill Terrace (Route 7205) 0.09 Mi. Post Mill Place (Route 7204) - From Post Mill Drive (Route 5859) to Cul-de-sac 0.07 Mi. Post Mill Terrace (Route 7205) - From Post Mill Drive (Route 5859) to Cul-de-sac 0.04 Mi. KINGS GROVE 4 (Effective 01/22/2008) Kings Grove Court (Route 7249) - From Kings Grove Drive (Route 7130) to Cul-de-sac 0.07 Mi. Kings Grove Drive (Route 7130) - From Regal Grove Lane (Route 7129) to Kings Grove Terrace (Route 7248) 0.15 Mi. Kings Grove Drive (Route 7130) - From Kings Grove Terrace (Route 7248) to Kings Grove Court (Route 7249) 0.05 Mi. 08-177 03/12/08 Kings Grove Drive (Route 7130) - From Kings Grove Court (Route 7249) to Cul-de-sac 0.03 Mi. Kings Grove Terrace (Route 7248) - From Kings Grove Drive (Route 7130) to Cul-de-sac 0.03 Mi. SOUTHCREEK SECTION 9 (Effective 01/23/2008) Quiet Forest Court (Route 7240) - From Quiet Forest Lane (Route 7239) to Cul-de-sac 0.06 mi. Quiet Forest Lane (Route 7239) - From Woodhollow Drive (Route 7238) to Cul-de-sac 0.03 Mi. Quiet Forest Lane (Route 7239) - From Woodhollow Drive (Route 7238) to Quiet Forest Court (Route 7240) 0.06 Mi. Quiet Forest Lane (Route 7239) - From Quiet Forest Court (Route 7240) to Cul-de-sac 0.09 Mi. Woodhollow Drive (Route 7238) - From Southcreek Drive (Route 4016) to Quiet Forest Lane (Route 7239) 0.08 Mi. THE TIMBERS Q SUMMERFORD (Effective 01/15/2008) Blossom Loop (Route 7247) - From Blossom Place (Route 7246) to Blossom Place (Route 7246) 0.08 Mi. Blossom Place (Route 7246) - From Collington Drive (Route 5989) to Blossom Loop (Route 7247) 0.04 Mi. Blossom Place (Route 7246) - From Blossom Loop (Route 7247) to Cul-de-sac 0.03 Mi. Blossom Place (Route 7246) - From Blossom Loop (Route 7247) to Blossom Loop (Route 7247) 0.04 Mi. Collington Drive (Route 5989) - From Blossom Place (Route 7246) to temporary end of maintenance 0.01 Mi. Collington Drive (Route 5989) - From Springford Parkway (Route 5250) to Blossom Place (Route 7246) 0.06 Mi. Ayes: Warren, Gecker, Jaeckle, Holland and Durfee. Nays: None. 10. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED MATTERS Mr. George Beadles addressed the Board regarding their sense of accountability and concern for the environment. i~ i~+ 08-178 03/12/08 11. DINNER On motion of Ms. Durfee, seconded by Mr. Gecker, the Board recessed to the Administration Building, Room 502, for dinner. Ayes: Warren, Gecker, Jaeckle, Holland and Durfee. Nays: None. Reconvening: 12. INVOCATION Reverend Ryan Atchison, Sr., Pastor of Matoaca Christian Fellowship, gave the invocation. 13. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Eagle Scout Harrison Gebs led the Pledge of Allegiance to the flag of the United States of America. 14. RESOLUTIONS 14.A. RECOGNIZING MRS. CAROL BENCE CONROY AND MRS. PATRICIA B. REVERE FOR THEIR SERVICE AS MEMBERS OF THE HEALTH CENTER COMMISSION OF CHESTERFIELD COUNTY Ms. Robbins introduced Mrs. Carol Conroy and Mrs. Patricia Revere, who were present to receive resolutions. On motion of the Board, the following resolution was adopted: WHEREAS, Mrs. Carol Bence Conroy has served as a volunteer member of the Health Center Commission for the County of Chesterfield for the past seven years, from July 1, 2000 to June 30, 2007; and WHEREAS, during her tenure, Mrs. Conroy served in many capacities within the Commission, as a representative at large for her first year and as a representative of the Dale District for the following six years; and WHEREAS, being a dedicated member of the Health Center Commission, Mrs. Conroy actively participated in the meeting discussions and added her perspective to the review process of each business session; and WHEREAS, her leadership as Vice-Chair of the Health Center Commission and dedication to the mission of Lucy Corr Village has empowered residents to experience life enriched with wellness and purpose; and WHEREAS, Mrs. Conroy served with professionalism and distinction as Chair of the Commission's Finance Committee applying her knowledge and skills during the years she served, promoting trustworthy stewardship in the management and development of our resources; and WHEREAS, Mrs. Conroy served as Chair of the Strategic Planning Committee where she dedicated herself to helping Lucy Corr Village build on its legacy of excellence in long- term care in the development of a full continuum campus, providing innovative leadership and a voice of experience; and 08-179 03/12/08 WHEREAS, Mrs. Conroy's devotion and dedication to Lucy Corr Village is admired by all. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors and the Health Center Commission, this 12th day of March 2008, publicly recognize the outstanding contributions of Mrs. Carol Bence Conroy and extend, on behalf of their members, Lucy Corr Village, and the citizens of Chesterfield County, their sincere appreciation for her exemplary service and dedication to improving the quality of life of the individuals and families we serve. AND, BE IT FURTHER RESOLVED that a copy of this resolution be presented to Mrs. Conroy and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. And, further, the Board adopted the following resolution: WHEREAS, Mrs. Patricia B. Revere has served as a volunteer member of the Health Center Commission for the County of Chesterfield for the past seven years, from July 1, 2000 to June 30, 2007; and WHEREAS, during her tenure, Mrs. Revere served in many capacities within the Commission, as a representative of the Midlothian District for three years and the Clover Hill District for the four years; and WHEREAS, Mrs. Revere served faithfully and conscientiously to enhance the recognition and benefits of the Lucy Corr Village employees as Chair of the Human Resources Committee of the Commission during her tenure; and WHEREAS, she exhibited dedication to Lucy Corr Village by participating on the Community Service Committee of the Commission for two years and the Strategic Planning Committee of the Commission for four years and showed a special interest in the realization of our geriatric dental clinic and arts programs; and WHEREAS, being a dedicated, active member of the Health Center Commission, Mrs. Revere was, always present for the meetings, willing to participate in the discussions and adding her unique perspective to the review process of each business session; and WHEREAS, being a member of the Health Center Commission, Mrs. Revere has participated in the conversion process of the 16 assisted living beds to create a 240 bed Health Care Center, opening of the 48 bed Assisted Living, licensure of the 20 participant Adult Day Center, and the planning stages for the independent living housing to enhance the care continuum at Lucy Corr Village. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors and the Health Center Commission, this 12th day of March 2008, publicly recognize the outstanding contributions of Mrs. Patricia B. Revere and extend, on behalf of their members, Lucy Corr Village, and the citizens of Chesterfield County, their sincere appreciation for her exemplary service and dedication to improving the quality of life of the individuals and families we serve. AND, BE IT FURTHER RESOLVED that a copy of this resolution be presented to Mrs. Revere and that this 08-180 03/12/08 resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Ayes: Warren, Gecker, Jaeckle, Holland and Durfee. Nays: None. Mr. warren and Mr. Holland presented the executed resolutions to Mrs. Conroy and Mrs. Revere and thanked them for their service to the Health Center Commission and the Lucy Corr Village. Mrs. Conroy and Mrs. Revere expressed appreciation for the opportunity to serve on the Commission. 14.B. RECOGNIZING BOY SCOUTS UPON ATTAINING THE RANK OF EAGLE SCOUT 14.B.1. MR. HARRISON GEBS, MATOACA DISTRICT 14.B.2. MR. ANDREW FENLON, MIDLOTHIAN DISTRICT 14.B.3. MR. SCOTT RILEY, MIDLOTHIAN DISTRICT 14.B.4. MR. CHRISTIAN CARMICHAEL, MIDLOTHIAN DISTRICT 14.B.5. MR. GREGORY SIDELL, MIDLOTHIAN DISTRICT 14.B.6. MR. ERIC AHLES, CLOVER HILL DISTRICT Mr. Kappel introduced Mr. Harrison Gebs, Mr. Andrew Fenlon, Mr. Scott Riley, Mr. Christian Carmichael, Mr. Gregory Sidell and Mr. Eric Ahles, who were present, with members of their families, to receive resolutions. WHEREAS, the Boy Scouts of America was incorporated by Mr. William D. Boyce on February 8, 1910, and was chartered by Congress in 1916; and WHEREAS, the Boy Scouts of America was founded to build character, provide citizenship training and promote physical fitness; and 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 WHEREAS, after earning at least twenty-one merit badges in a wide variety of skills including leadership, service and Mr. Harrison C. Gebs, Troop 806, sponsored by Woodlake United Methodist Church, Mr. Christian Carmichael, Mr. Gregory Sidell, Mr. Andrew Fenlon and Mr. Scott Riley, all of Troop 876, sponsored by Mount Pisgah United Methodist Church, and Mr. Eric H. Ahles, Troop 2890, sponsored by The Brandermill 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, Harrison, Christian Gregory, Andrew, Scott and Eric 08-181 03/12/08 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 12th day of March 2008, hereby extends its congratulations to Mr. Harrison C. Gebs, Mr. Christian Carmichael, Mr. Gregory Sidell, Mr. Andrew Fenlon, Mr. Scott Riley, and Mr. Eric H. Ahles, and acknowledges the good fortune of the county to have such outstanding young men as its citizens. Ayes: Warren, Gecker, Jaeckle, Holland and Durfee. Nays: None. Mr. Warren, Ms. Durfee 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. Gebs, Mr. Carmichael, Mr. Sidell, Mr. Fenlon, Mr. Riley, and Mr. Ahles 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 Mr. Bob Herndon presented the Board with an update of public transit in Chesterfield County. Mr. Tom Tennile suggested the Board name a road or county facility for Mr. David Hutcheson Welchons, former Director of Utilities, for his contributions to Chesterfield County. 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 05SN0239 (Amended) In Clover Hill Magisterial District, THE CHEATHAM FAMILY LIMITED PARTNERSHIP requests rezoning and amendment of zoning district map from Agricultural (A) to Community Business (C- 3) 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 uses. This request lies on 63.5 acres fronting approximately 550 feet on the north line of Hull Street Road, also fronting approximately 2,400 feet on the west line of Route 288 and located in the northwest quadrant of the intersection of these roads. Tax IDs 733-680-Part of 9439; 734-678-2276; and 734-681-0526 and 3904. Mr. Turner stated Mr. Warren has requested a deferral to May 28, 2008. 08-182 03/12/08 Ms. Kristen Keatley, representing the applicant, stated deferral is acceptable. Mr. Warren called for public comment. Ms. Andrea Epps spoke in support of the deferral stating it will allow additional time to work on some concerns. The public hearing was closed. In response to Mr. Warren's question, Mr. McCracken stated a meeting has been held relating to transportation concerns and a consultant for transportation has submitted the scope for the study. He further stated the consultant is currently working on the fee for the report. On motion of Mr. Warren, seconded by Ms. Durfee, the Board deferred Case 05SN0239 to May 28, 2008. Ayes: Warren, Gecker, Jaeckle, Holland and Durfee. Nays: None. nRCrrn~ ~~ In Bermuda Magisterial District DAVID CAMPBELL requests rezoning and amendment of zoning district map from Community Business (C-3) to General Industrial (I-2). The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for light industrial use. This request lies on 1.5 acres fronting approximately 280 feet on the north line of West Hundred Road, approximately 460 feet east of Ware Bottom Spring Road. Tax IDs 807-653-0838 and 2033. Mr. Turner presented a summary of Case 08SN0173 and stated the Planning Commission and staff recommended approval and acceptance of the proffered conditions. Mr. Ray Grubbs, the property owner, expressed concerns relating to closing the crossover in front of his property. The applicant was not present. Mr. Warren stated Case 08SN0173 would be moved to the end of the agenda to allow time for the applicant to arrive. 08SN0175 In Midlothian Magisterial District REDEEMER LUTHERAN CHURCH request Conditional Use and amendment of zoning district map to permit a child care facility and private school 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 residential use of 2.0 acre or less. This request lies on 16.0 acres fronting approximately 450 feet on the east line of Old Hundred Road approximately 450 feet south of Brightwalton Road. Tax ID 716-699-Part of 2564. 08-183 03/12/08 Mr. Turner presented a summary of Case 08SN0175 and stated the Planning Commission and staff recommended approval and acceptance of the proffered conditions. Ms. Kristen Keatley, the applicant's representative, stated the recommendation was acceptable. Mr. Warren called for public comment. No one came forward to speak to the request. On motion of Mr. Gecker, seconded by Ms. Durfee, the Board approved Case 08SN0175 and accepted the following proffered conditions: 1. 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) 2. Direct vehicular access from the property to Old Hundred Road shall be limited to one (1) entrance/exit. The exact location of this access shall be approved by the Transportation Department. (T) 3. 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 along the east side of Old Hundred Road, measured from the centerline of that part of Old Hundred Road that is immediately adjacent to the property, shall be dedicated, free and unrestricted, to and for the benefit of Chesterfield County. (T) 4. To provide an adequate roadway system, the developer shall be responsible for the following improvements: A. Construction of additional pavement along Old Hundred Road at the approved entrance/exit to provide a right and left turn lanes, if warranted, based on Transportation Department standards. B. Dedication to and for the benefit of Chesterfield County, free and unrestricted, of any additional right-of-way (or easements) required for the improvements identified above. In the event the developer is unable to acquire any "off-site" right-of-way that is necessary for the road improvement described in this Proffered Condition, 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) I.1 08-184 03/12/08 5. Except where the requirements of the underlying Agricultural District are more restrictive, any new development for school and child care uses shall conform to the requirements of the Zoning Ordinance for Corporate Office (O-2) uses in Emerging Growth Districts. (P) 6. The following setback criteria shall apply to any outdoor play fields, courts, swimming pools and similar active recreational areas: a) With the exception of playground areas which accommodate swings, jungle gyms, or similar such facilities, all active playfields, courts or similar active recreational facilities which would accommodate organized sports such as football, soccer, basketball, etc., shall be located a minimum of 100 feet from any adjacent properties zoned for, or utilized for, residential purposes or zoned agricultural and shown on the plan as single family residential uses, except where adjacent to similar active recreational uses. Within this setback, existing vegetation shall be supplemented, where necessary, with landscaping or other devices designed to achieve the standards for fifty (50) foot buffers in the Zoning Ordinance. If the facilities are setback more than 100 feet from the adjacent properties, the landscaping or other design features described above may be modified by the Planning Department at the time of site plan review. Such modification shall accomplish mitigation of the visual and noise impacts that sports or related activities have on adjacent properties equivalent to the 100 foot setback/landscaping requirements described here in. b) Any playground areas (swings, jungle gyms, or similar such facilities) shall be set back a minimum of forty (40) feet from all properties zoned for, or utilized for, residential purposes or zoned agricultural and shown on the plan as single family residential uses, except where adjacent to similar playground areas. c) The landscaping or other design features, including a reduction in the setback distance described in Proffered Condition 6.a.) or b.) may be modified by the Planning Commission at the time of site plan review. Such modification shall accomplish mitigation of the visual and noise impacts that recreational activities have on the adjacent properties equivalent to the setback and landscaping requirements described in Proffered Condition 6 . a) and b) (P) Ayes: Warren, Gecker, Jaeckle, Holland and Durfee. Nays: None. 08-185 03/12/08 17. Public Hearings 17.A. TO CONSIDER AMENDING THE ZONING ORDINANCE RELATING TO RESPONSIBILITIES OF THE PLANNING COMMISSION AND PRESERVATION COMMITTEE Mr. Steven Haasch stated this date and time had been advertised for a public hearing for the Board to consider amending the Zoning Ordinance relating to the responsibilities of the Planning Commission and Preservation Committee. He provided a brief history of the Preservation Committee. Mr. Warren stated the members of the Preservation Committee oppose separation of the public hearing process for the Committee. Mr. Warren called for public comment. Mr. George Beadles spoke in opposition of separating the public hearing process for the Planning Commission and Preservation Committee. Mr. Bryan Walker, a member of the Preservation Committee, spoke in opposition to the request. Mr. Turner stated the rationale for the amendment is to streamline the process of the public hearing. There being no one else to address the issue, the public hearing was closed. In response to Mr. Gecker's question, Mr. Micas stated the cases would be heard sequential and not in bulk. Ms. Durfee suggested that the Preservation Committee and Planning Commission continue to meet simultaneously, with the Preservation Committee seated on the platform in front of the dais. On motion of Ms. Durfee, seconded by Mr. Holland, the Board did not adopt the ordinance. Ayes: Warren, Gecker, Jaeckle, Holland and Durfee. Nays: None. 17.B. TO CONSIDER A PROPOSED AMENDMENT TO THE COUNTY CODE RELATING TO CREATION OF THE TRADITIONAL NEIGHBORHOOD DEVELOPMENT (TND) ZONING DISTRICT, AND COUNTY-WIDE STANDARDS FOR OFF-STREET PARKING, PARALLEL PARKING, TREE PLANTING WITHIN SIDEWALK AREAS, AND SIGNS PROJECTING FROM BUILDINGS, AND A PROPOSED AMENDMENT TO THE INTRODUCTION TO THE PLAN FOR CHESTERFIELD TO PROVIDE FOR OPPORTUNITIES FOR TND DEVELOPMENT Assistant Director of Planning Mr. Michael Tompkins stated this date and time had been advertised for a public hearing for the Board to consider a proposed amendment to the County Code relating to creation of the Traditional Neighborhood Development (TND) Zoning District, and county-wide standards for off-street parking, parallel parking, tree planting within sidewalk areas, and signs projecting from buildings, I~ I~ 08-186 03/12/08 and a proposed amendment to the Introduction to the Plan for Chesterfield to provide for opportunities for the TND Development. He reviewed some of the highlights of the TND Zoning District. ~. Mr. Warren called for public comment. Mr. Beadles spoke in regards to the street network with the TND Zoning Districts. Ms. Andrea Epps spoke in support of the TND Zoning District. There being no one else to address the issue, the public hearing was closed. In response to Ms. Durfee's questions, Mr. Tompkins explained the site plan review is done with the overall development plan. He stated the TND Zoning District calls for a minimum of twenty percent of the acreage to be open space, either a community center or common open space. Mr. Gecker stated separating what would be in the master plan and requiring it with rezoning would not be providing enough information for decision makers and could allow deviation from the plan. On motion of Mr. Gecker, seconded by Mr. Holland, the Board deferred the public hearing to consider a proposed amendment to the County Code relating to creation of the Traditional Neighborhood Development (TND) Zoning District, and county- wide standards for off-street parking, parallel parking, tree planting within sidewalk areas, and signs projecting from buildings, and a proposed amendment to the introduction to the Plan for Chesterfield to provide for opportunities for TND Development to May 28, 2008. Ayes: Warren, Gecker, Jaeckle, Holland and Durfee. Nays: None. 17.C. TO CONSIDER A NEW LEASE AGREEMENT WITH A. T. MASSEY ENERGY COMPANY FOR RENTAL OF A CORPORATE HANGAR AT CHESTERFIELD COUNTY AIRPORT Mr. Key stated this date and time had been advertised to consider a new lease agreement with A. T. Massey Energy Company for rental of a corporate hangar at Chesterfield County Airport. In response to Mr. Gecker's question, Mr. Key stated the lease is for five years with renewal options in five-year increments. Mr. Warren called for public comment. There being no one to address the issue, the public hearing was closed. On motion of Mr. Gecker, seconded by Ms. Durfee, the Board authorized the County Administrator to enter into a new lease agreement with A. T. Massey Energy Company for rental of a corporate hangar and the associated office space located at 7431 Airfield Drive. Ayes: warren, Gecker, Jaeckle, Holland and Durfee. Nays: None. 08-187 03/12/08 17.D. TO CONSIDER THE RESTRICTION OF THROUGH TRUCK TRAFFIC ON CRANBECK ROAD Mr. McCracken stated this date and time had been advertised to consider the restriction of through truck traffic on Cranbeck Road. Mr. Warren called for public comment. Mr. George Beadles spoke in opposition to the restriction of through truck traffic on Cranbeck Road. Mr. Frank Grinnell spoke in support of the truck restriction on Cranbeck Road. There being no one else to address the issue, the public hearing was closed. On motion of Mr. Gecker, seconded by Mr. Warren, the Board adopted the following resolution requesting that the Virginia Department of Transportation restrict through traffic on Cranbeck Road: 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 Cranbeck Road from Huguenot Road to Robious Road; and WHEREAS, the recommended alternate route is Huguenot Road (Route 147) and Robious Road (Route 675); and WHEREAS, Chesterfield County will use its good offices for enforcement of the proposed restriction; 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 Cranbeck Road from Huguenot Road to Robious Road. Ayes: Warren, Gecker, Jaeckle, Holland and Durfee. Nays: None. 17.E. TO CONSIDER AN ORDINANCE TO VACATE A PORTION OF A PLAN OF COSBY'S LAKE Mr. Stith stated this date and time had been advertised to consider an Ordinance to vacate a portion of a Plan of Cosby's Lake. In response to Mr. Gecker's question, Mr. Harmon stated he does not know the reason why the six lots were not vacated with the remainder of the Plan of Cosby's Lake in 1957. In response to Mr. Gecker's question, Mr. Turner stated the underlying zoning on the parcel of land is R-7 and it could be resubdivided to meet R-9 standards. Mr. Warren called for public comment. IJ ~,.r i 08-188 03/12/08 Mr. George Beadles questioned whether vacating the Plan would give the applicant more development rights. Mr. George Bryant, a representative of Watermark Partners, stated the reason for the request to vacate the Plan of Cosby's Lake is to remove ingress and egress to one of the lots. He further stated the county is not currently assessing these lots as individual lots. On motion of Mr. Holland, seconded by Mr. Gecker, the Board deferred the public hearing to consider an ordinance to vacate a portion of a Plan of Cosby's Lake to April 9, 2008. Ayes: Warren, Gecker, Jaeckle, Holland and Durfee. Nays: None. 18. REMAINING MANUFACTURED HOME PERMITS AND ZONING REQUESTS 07SN0323 In Dale Magisterial District, RICHMOND 20 MHZ LLC requests Conditional Use and amendment of zoning district map to permit a communications tower in a Residential (R-7) District. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for residential use of 1.0-2.5 dwelling units per acre. This request lies on 1.2 acres lying approximately 230 feet off the southeastern terminus of Cotfield Road, south of Pano Road. Tax ID 781-676-Part of 7315. Mr. Robert Clay presented a summary of Case 07SN0323 and stated the Planning Commission and staff recommended approval subject to the conditions and acceptance of the proffered conditions. He stated the request conformed to the Public Facilities Plan and Tower Siting Policy. He further stated there was opposition present at the Planning Commission meeting, but Dr. Brown, the Dale District Planning Commissioner, felt the proffered conditions addressed the issues. Mr. Brennan Keene, the applicant's representative, stated the recommendation was acceptable. Mr. warren called for public comment. Mr. Charles Humphrey, a resident of Shillcut Road, spoke in opposition to the request. He stated he felt the applicant did not look at other locations for the antenna, such as area schools or libraries. He expressed concerns relating to the location for the access road for the tower at the proposed site. Mr. Keene stated the applicant had researched other locations in the vicinity and they were not feasible for the coverage needed in the area. On motion of Mr. Holland, seconded by Mr. Warren, the Board approved Case 07SN0323 and accepted the following conditions: 1. There shall be no signs permitted to identify this use. (P) 2. The base of the tower shall be enclosed by a minimum six (6) foot high fence, designed to preclude trespassing. A minimum 100-foot area of mature trees shall be preserved outside of, and adjacent to, the compound, on the north and east sides of the compound. A detailed plan depicting these requirements shall be submitted to 08-189 03/12/08 the Planning Department for approval in conjunction with final site plan review. Except as otherwise provided herein, no trees within the buffer may be removed unless such trees are dead, diseased or dying. (P) 3 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 not be lighted. c. The tower shall be a monopole structure. (P) 4. Any building or mechanical equipment shall comply with Sections 19-595 and 19-570 (b) and (c) of the Zoning Ordinance relative to architectural treatment of building exteriors and screening of mechanical equipment. (P) (NOTE: Section 19-570 (b) and (c) would require the screening of mechanical equipment located on the building or ground from adjacent properties and public rights of way. Screening would not be required for the tower or tower-mounted equipment.) 5. 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) And further, the Board accepted the following proffered conditions: We hereby proffer the conditions listed below if, and only if, the request for a conditional use (CU) is granted. In the event the request is denied or approved with conditions not agreed to by the applicant, the conditions listed below shall immediately be null and void and of no further force or effect. 1. Communications Tower Height. The height of the communications tower shall not exceed one hundred fifty- four (154) feet inclusive of a four (4) foot lightning rod. (P) 2. Communications Tower Antenna. Antennas shall be flush mounted. (P) Ayes: Warren, Gecker, Jaeckle and Holland. Nays: Durfee. 08SN0184 In Clover Hill Magisterial District PEGASUS TOWER COMPANY, LTD request Conditional Use and amendment of zoning district map to permit a communications tower 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 density residential use of 1.51 to 4.0 units per acre. This request lies on 0.3 acre fronting approximately 25 feet on the south line of Reams Road approximately 150 feet west of South Arch Road. Tax ID 750-701-Part of 5112. '~ 08-190 03/12/08 Mr. Robert Clay presented a summary of Case 08SN0174 and stated the Planning Commission and staff recommended denial of the request. He further stated the request does not conform to the Public Facilities Plan or Tower Siting Policy. He further stated there was opposition present at the Planning Commission meeting. Mr. Harold Timmons, Zoning Coordinator for Pegasus Tower, LTD, presented information relating to the site layout, existing network parameters, list of properties considered and rejected; power levels of antennas; and tower siting policy. Mr. Mansoor Ahmed, a Sprint representative, stated this tower site was important to network coverage for the area. Mr. Albert A. McCoy, a Reams Road resident, spoke in opposition to the tower, expressing concerns with the visual impact on area properties and water runoff on his property. There being no else to address the issue, Mr. Warren closed the public hearing. Mr. Timmons stated the applicant was willing to work with Mr. McCoy to attempt to address any of his concerns. Ms. Jaeckle stated public demand for cellular phone coverage will affect the established areas of the county. On motion of Mr. Warren, seconded by Mr. Gecker, the Board denied Case 08SN0184. Ayes: Warren, Gecker, Jaeckle, Holland and Durfee. Nays: None. The Board recalled Case 08SN0173. 08SN0173 In Bermuda Magisterial District DAVID CAMPBELL requests rezoning and amendment of zoning district map from Community Business (C-3) to General Industrial (I-2) The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for light industrial use. This request lies on 1.5 acres fronting approximately 280 feet on the north line of West Hundred Road, approximately 460 feet east of Ware Bottom Spring Road. Tax IDs 807-653-0838 and 2033. Mr. Jamie Atkins, representing the applicant, stated he accepted the proffered conditions, but took exception to the addendum recommending the existing crossover closure. Mr. Jim Daniels spoke in support of the request, but was opposed to the crossover closure. He stated this request is a down zoning for the property and will reduce the number of trips to the property. In response to Ms. Jaeckle's and Mr. Gecker's questions, Mr. McCracken stated there are no zoning conditions that would require the closure of the crossover. Mr. Ray Grubbs stated he was aware of addendum. He further stated he supports the closure of the crossover as soon as the other crossover is opened to access the property. 08-191 03/12/08 On motion of Ms. Jaeckle, seconded by Mr. Gecker, the Board approved Case 08SN0173 and accepted the following proffered conditions: 1. Uses shall be limited to a mini-storage facility and uses which may be accessory to mini-storage facilities. (P) 2. Within ninety (90) days of approval of this request, 100 feet of right-of-way measured from the centerline of West Hundred Road (Route 10) adjacent to the property, or the proposed right-of-way shown on the approved plans for VDOT Project 0010-020-127, C-501, RW-201 adjacent to the property, whichever is greater, shall be dedicated, free and unrestricted, to and for the benefit of Chesterfield County. (T) 3. Direct vehicular access from the property to Route 10 shall be limited to one (1) entrance/exit located at the western property line. (T) 4. In conjunction with the initial development, the developer shall construct an additional lane of pavement along Route 10 for the entire property frontage and a separate right turn lane at the approved access, and dedicate any additional right of way (or easements) required for these improvements. (T) Ayes: Warren, Gecker, Jaeckle, Holland and Durfee. Nays: None. 19. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED MATTERS There were no speakers at this time. 20. ADJOURNMENT On motion of Ms. Durfee, seconded by Mr. Gecker, the Board adjourned at 9:42 p.m. until April 2, 2008 at 3:00 p.m. Ayes: Warren, Gecker, Jaeckle, Holland and Durfee. Nays: None. II ~./ mes J. Stegm er ounty dministrator 4 A thur S. Warren Chairman 08-192 03/12/08