Chesterfield County, Virginia | Board of Supervisors

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:

Mr. Mike Bacile, Dir., Purchasing

Ms. Janice Blakley, Clerk to the Board

Mr. George Braunstein, Exec. Dir., Community Services 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. Roy Covington, Dir., Utilities

Ms. Mary Ann Curtin, Dir., Intergovtl. Relations

Mr. Jonathan Davis, Dir., Real Estate Assessments

Mr. Will Davis, Dir., Economic Development

Ms. Rebecca Dickson, Dep. County Administrator,
Human Services

Colonel Thierry Dupuis, Police Department

Mr. Michael Golden, Dir., Parks and Recreation

Mr. Lawrence C. Haake, III Registrar

Mr. John W. Harmon, Real Property Manager

Mr. Russell Harris, Mgr. of Community Development
Services

Mr. Paul Hendricks, Deputy Chief Information Officer

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

Ms. Kathy Kitchen, Asst. Superintendent of Schools
for Business and Finance

Mr. Louis Lassiter, Dir., Internal Audit

Ms. Mary Lou Lyle, Dir., Accounting

Chief Paul Mauger, Fire Department

Mr. R. John McCracken, Dir., Transportation

Mr. Richard M. McElfish, Dir., Env. Engineering

Mr. Steven L. Micas, County Attorney

Mr. Jay Payne, Asst. to Dep. County Administrator

Mr. M. D. Stith, Jr., Deputy County Admin., Community Development

Mr. Thomas Taylor, Dir., Block Grant Office

Mr. Richard Troshak, Dir., Emergency Communication
Center

Mr. Kirk Turner, Dir., Planning

1. APPROVAL OF MINUTES FOR APRIL 9, 2008 (REGULAR MEETING) APRIL 23, 2008 (REGULAR MEETING) MAY 2, 2008 (MEETING WITH CONGRESSMAN CANTOR)

On motion of Mr. Gecker, seconded by Mr. Holland, the Board approved the minutes of April 9, 2008 and April 23, 2008, as amended, and May 2, 2008, as submitted.

Mr. Daniel Plaugher, Executive Director of Virginians for High Speed Rail, provided the Board of Supervisors with an update on the progress of the organization.

Miss Lauren Murphy and Mr. T. C. Robinson presented a report from the Youth Services Citizens Board containing the results and recommendations from “WHY? We Hear You,” the annual community youth forum.

Mr. Ricky Elder, Station Director, updated the Board about significant environmental enhancements at Dominion Resources, Incorporated’s Chesterfield Power Station.

Mr. Stegmaier stated Dominion Resources, Incorporated is one of the county's largest corporate citizens, and publicly thanked Dominion for their contributions to the citizens of Chesterfield County.

• Ms. Jaeckle praised Engine 18’s recent response to a house fire in the Bermuda District in which the residents were unable to evacuate the structure. Engine 18 rescued three individuals from the second floor of the house.

• Mr. Holland suggested the Board establish a committee to review efficiencies of county departments. He also stated he visited Ms. Melissa Bowen, the survivor of the recent plane crash in the county, and she is recovering well.

4. REQUESTS TO POSTPONE AGENDA ITEMS AND ADDITIONS, DELETIONS OR CHANGES IN THE ORDER OF PRESENTATION

7.A. AWARD OF ANNUAL REQUIREMENTS CONTRACT FOR ARCHITECTURAL SERVICES WITH MOSELEY ARCHITECTS

Mr. Johnson stated the Board is requested to consider at this time an award of annual requirements contract for architectural services with Moseley Architects.

Ms. Brenda Stewart, a Matoaca resident, stated after a considerable amount of research, she has found evidence of contracts being steered to Moseley Architects.

In response to Ms. Jaeckle’s question, Mr. Johnson stated Moseley Architects provided a restatement of the account of costs after the audit.

Mr. Holland stated the Budget and Audit Committee did review the information pertaining to the Moseley Architects contract, and there is still ambiguity in relation to the information received.

Mr. Gecker stated there is no paper trail showing the $486,000 being returned to the School System, but there has been justification provided after the fact to explain the increase in the price on the contract. He further stated he is uncomfortable with Moseley Architects stating the $486,000 was for additional services provided to the county, such as technology advancements and the original contract showed $3 million allocated for technology improvements. He further stated he is uncomfortable placing Moseley Architects on a list of companies that do work for the county without having to bid for the work due to discrepancies over the amount owed back to the county.

Ms. Durfee stated concerns relating to the lack of documents for the $486,000. She further stated she is pleased to have citizens such as Ms. Stewart to take the time to question documents and processes.

In response to Ms. Durfee’s question, Mr. Johnson stated there was no itemized listing of expenditures for the contract until after the audit had been performed.

On motion of Mr. Gecker, seconded by Ms. Durfee, the Board denied award of annual requirements contract for architectural services with Moseley Architects.

On motion of Mr. Holland, seconded by Mr. Warren, the Board suspended its rules to allow simultaneous nomination/ appointment/reappointment of members to serve on various committees.

On motion of Mr. Gecker, seconded by Mr. Holland, the Board simultaneously nominated/appointed Mr. Ernest P. Williams to serve on the SAFE Board of Directors, whose term is effective June 1, 2008 and will expire May 31, 2011.

On motion of Mr. Gecker, seconded by Mr. Holland, the Board simultaneously nominated/appointed Ms. Renae Eldred and Mr. R. L. Dunn to serve on the Sustain Our Communities Committee, whose terms are effective immediately and expires on December 31, 2010.

On motion of Mr. Holland, seconded by Mr. Warren, the Board simultaneously nominated/reappointed Mr. Ralph Bolling to serve on the Richmond First Tee Board of Directors, whose term is effective immediately and will expire on May 31, 2011.

On motion of Mr. Gecker, seconded by Ms. Durfee, the Board approved the following streetlight installations in the Midlothian District:

• At the entrance to the Midlothian Wood community, at the intersection of Le Gordon Road and Midlothian Wood Boulevard
Cost to install streetlight: $373.26

• In the Manchester Heights subdivision, upgrade four existing mercury vapor (MV) streetlights to high pressure sodium vapor (HPSV)
Three 7,000-lumen MV lights to 8,000-lumen HPSV:
Lancers Boulevard and Walmsley Boulevard
Lancers Boulevard and Holborn Road
Lancers Boulevard and Hendon Way
One 3,000-lumen MV light to 8,000-lumen HPSV:
Lancers Boulevard and Elk Road
Total cost to upgrade all four streetlights: $653.00

• In the Scottmar subdivision, installation of two streetlights, one in the vicinity of 2340/2348 Scarsborough Drive; the second in the vicinity of 2420/2430 Scarsborough Drive
Cost to install streetlights: $172.19

8.C.1.a. SUPPORTING THE DESIGNATION OF CHESTERFIELD COUNTY AS A "PRESERVE AMERICA" COMMUNITY

On motion of Mr. Gecker, seconded by Mr. Holland, the Board adopted the following resolution:

WHEREAS, Preserve America is a White House initiative developed in cooperation with the Advisory Council on Historic Preservation, the U.S. Department of the Interior, and the U.S. Department of Commerce; and

WHEREAS, the goals of this initiative include a greater shared knowledge about our nation’s past, strengthened regional identities and local pride, increased local participation in preserving the country’s irreplaceable cultural and natural heritage assets, and support for the economic vitality of communities; and

WHEREAS, this initiative is compatible with our community’s interests and goals related to historic preservation; and

WHEREAS, designation as a Preserve America Community will improve our community’s ability to protect and promote its historical resources.

NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of the County of Chesterfield, Virginia supports the designation of Chesterfield County as a Preserve America Community.

AND, BE IT FURTHER RESOLVED that Chesterfield County will protect and celebrate our heritage, use our historic assets for economic development and community revitalization, and encourage people to experience and appreciate local historic resources through education and heritage tourism programs.

8.C.1.b. RECOGNIZING MS. KAREN D. KIRBY, CHESTERFIELD- COLONIAL HEIGHTS DEPARTMENT OF SOCIAL SERVICES, UPON HER RETIREMENT

On motion of Mr. Gecker, seconded by Mr. Holland, the Board adopted the following resolution:

WHEREAS, Ms. Karen Kirby began her career in public social services in 1977 in Mississippi, and in 1988 in Virginia, and has served in Chesterfield County since November 1989; and

WHEREAS, in her roles as social worker, senior social worker, and supervisor in the Chesterfield-Colonial Heights Department of Social Services, Ms. Kirby has competently served individuals, families and the community through the agency’s social work programs; and

WHEREAS, Ms. Kirby has committed her social work education and skills to providing direct services, supervision and leadership in the areas of child protective services, adult services and protective services, and intake services; and

WHEREAS, Ms. Kirby has been instrumental in increasing staffing in adult services to help fill the gaps and more effectively serve citizens, including successfully advocating for a social work aide position, upgrading a position to a social worker level, and the innovative addition of a clinician position to provide mental health services for adult services recipients; and

WHEREAS, Ms. Kirby has supported staff development by serving on various subcommittees of the Virginia Institute for Social Services Training Activities to help develop curricula to enhance professional knowledge in the field of adult services; and

WHEREAS, Ms. Kirby has been a dedicated advocate for the elderly on the steering committee for the Shepherd’s Center of Chesterfield to bring programs, education and services to the elderly community, and on the Central Virginia Taskforce on Domestic Violence to highlight the plight of domestic violence victims in the senior population and develop strategies to help reduce the incidence of domestic violence; and

WHEREAS, Ms. Kirby has continually worked to improve the social services system through her contributions on agency, community, and state-level workgroups and task forces addressing policy, practice and programs.

NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes the outstanding contributions of Ms. Karen Kirby, expresses the appreciation of all residents for her service to the county, and offers congratulations upon her retirement.

8.C.1.c. RECOGNIZING MASTER POLICE OFFICER WILLIAM E."BILLY" SIMMONS UPON HIS RETIREMENT

On motion of Mr. Gecker, seconded by Mr. Holland, the Board adopted the following resolution:

WHEREAS, Master Officer William E. “Billy” Simmons will retire from the Chesterfield County Police Department on June 1, 2008, after providing 30 years of quality service to the citizens of Chesterfield County; and

WHEREAS, Officer Simmons began his career with Chesterfield County on June 1, 1978 as an automotive mechanic; and

WHEREAS, Officer Simmons has faithfully served the county for over 23 years in the capacity of patrol officer, senior police officer, and master police officer; and

WHEREAS, Officer Simmons has been commended for his teamwork, knowledge, skills, and ability which resulted in the resolution in a series of burglaries from businesses and residences in the Chester area; and

WHEREAS, Officer Simmons has received numerous letters of thanks and appreciation for services rendered in all types of situations; and

WHEREAS, Officer Simmons 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 Officer Simmons’s diligent service.

NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes Master Officer William E. “Billy” Simmons, 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.

On motion of Mr. Gecker, seconded by Mr. Holland, the Board adopted the following resolution:

WHEREAS, Route 1 in the vicinity of Woods Edge Road carries over 20,000 vehicles per day; and

WHEREAS, there are over 430 vehicles turning right in the morning peak hour from Route 1 to Woods Edge Road; and

WHEREAS, traffic operations on Route 1 at Woods Edge Road should be improved to help ease congestion; and

WHEREAS, the Virginia Department of Transportation (VDOT) has determined that the construction of a right turn lane on northbound Route 1 would improve the traffic operations; and

WHEREAS, $685,000 in funding for the proposed Route 1 at Woods Edge Road Right Turn Lane Project has been identified with VDOT’s FY09 Access Management Grant Program.

NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors supports the proposed Route 1 at Woods Edge Road Right Turn Lane Project.

AND BE IT FURTHER RESOLVED that the Board requests VDOT to proceed with the project as quickly as possible, following customary public involvement procedures and seeking the Board’s approval of the design plans prior to moving to the right-of-way phase.

8.C.1.e. NAMING THE UTILITIES OPERATIONS CENTER BUILDING THE "DAVID H. WELCHONS BUILDING"

On motion of Mr. Gecker, seconded by Mr. Holland, the Board adopted the following resolution:

WHEREAS, Mr. David H. Welchons served the citizens of Chesterfield County as assistant county engineer in 1961, was promoted to director of utilities in 1983, and served in that capacity until his retirement in 1993; and

WHEREAS, Mr. Welchons was instrumental in expanding the county’s public utility system to meet the growing needs of Chesterfield County; and

WHEREAS, customers of Chesterfield Utilities today can be thankful for Mr. Welchons’ vision and planning for utility facilities within the county, as well as negotiating contracts with neighboring jurisdictions to guarantee adequate resources for the future; and

WHEREAS, Mr. Welchons led the department’s technology implementation and created the basis of a department that is one of the most technologically advanced public utilities in the state; and

WHEREAS, Chesterfield County Department of Utilities’ water and wastewater systems are recognized for operational excellence by industry regulatory agencies; and

WHEREAS, customers of Chesterfield Utilities enjoy the lowest rates in the area because of Mr. Welchons’ influence in the department; and

WHEREAS, Mr. Welchons’ professionalism and excellence in public service continues to be the established standard for utilities staff to follow.

NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors hereby endorses naming the Utilities Operations and Maintenance Building in posthumous honor of Mr. David H. Welchons.

AND, BE IT FURTHER RESOLVED, that a copy of this resolution be presented to Mr. Welchons’ family and that this resolution be permanently recorded among the papers of the Board of Supervisors of Chesterfield County, Virginia.

8.C.1.f. AUTHORIZING FINANCING OF VARIOUS CAPITAL IMPROVEMENT PROJECTS THROUGH THE ISSUANCE OF TAX EXEMPT OBLIGATIONS AND DECLARING AN INTENT TO REIMBURSE

On motion of Mr. Gecker, seconded by Mr. Holland, the Board adopted the following resolution:

RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF CHESTERFIELD, VIRGINIA, TO APPROVE THE FINANCING OF THE ACQUISITION, CONSTRUCTION, INSTALLATION, FURNISHING AND EQUIPPING OF CAPITAL IMPROVEMENT PROJECTS FOR THE COUNTY, INCLUDING THE EXPANSION OF THE CIRCUIT COURT BUILDING, RENOVATIONS TO THE SMITH WAGNER BUILDING, IMPROVEMENTS TO THE ENON PUBLIC SAFETY TRAINING CENTER, A FIRE LOGISTICS WAREHOUSE, A VEHICLE MANAGEMENT INFORMATION SYSTEM AND VEHICLE FLEET FACILITIES, THROUGH THE ISSUANCE AND FROM THE PROCEEDS OF NOT TO EXCEED $24,000,000 PRINCIPAL AMOUNT OF TAX-EXEMPT OBLIGATIONS OF THE COUNTY, AND TO AUTHORIZE THE REIMBURSEMENT FROM THE PROCEEDS OF SUCH TAX-EXEMPT OBLIGATIONS OF EXPENDITURES TO BE MADE BY THE COUNTY IN ADVANCE OF THE ISSUANCE AND RECEIPT OF THE PROCEEDS OF SUCH TAX-EXEMPT OBLIGATIONS

BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF CHESTERFIELD, VIRGINIA, AS FOLLOWS:

SECTION 1. The Board of Supervisors (the “Board of Supervisors”) of the County of Chesterfield, Virginia (the “County”), hereby approves the financing of the acquisition, construction, installation, furnishing and equipping of capital improvement projects for the County, including the expansion of the Circuit Court Building, renovations to the Smith Wagner Building, improvements to the Enon Public Safety Training Center, a fire logistics warehouse, a vehicle management information system and vehicle fleet facilities (collectively, the “Projects”), through the issuance and from the proceeds of an issue of not to exceed $24,000,000 principal amount of tax-exempt obligations of the County. The approval hereunder of the financing of the expansion of the Circuit Court Building and renovations to the Smith Wager Building is supplemental to the financing of the expansion of the Circuit Court Building and renovations to the Smith Wagner Building effected through the issuance of certificates of participation on behalf of the County in August 2007.

SECTION 2. The Board of Supervisors hereby authorizes the County to make expenditures on the Projects in advance of the issuance and receipt of the proceeds of such tax-exempt obligations of the County and to reimburse such expenditures from the proceeds of such tax-exempt obligations. The adoption of this resolution shall be considered as an “official intent” within the meaning of Treasury Regulation Section 1.150 2 promulgated under the Internal Revenue Code of 1986.

8.C.2.a. TO CONSIDER AMENDMENTS TO THE UPPER SWIFT CREEK PLAN RELATING TO: 1) WATER QUALITY, 2) LEVELS OF SERVICE FOR ROADS, SCHOOLS AND PUBLIC SAFETY, 3) LAND USE, AND 4) ECONOMIC DEVELOPMENT

On motion of Mr. Gecker, seconded by Mr. Holland, the Board set June 25, 2008 at 6:30 p.m., for the Board to consider amendments to the Upper Swift Creek Plan relating to: 1) Water Quality, 2) Levels of Service for Roads, Schools and Public Safety, 3) Land Use, and 4) Economic Development.

8.C.2.b. TO CONSIDER AMENDING COUNTY CODE SECTION 2-45 RELATED TO THE DOLLAR THRESHOLD FOR COMPETITIVE SEALED BIDDING AND COMPETITIVE NEGOTIATION

On motion of Mr. Gecker, seconded by Mr. Holland, the Board set June 25, 2008 at 6:30 p.m., for the Board to consider amending County Code Section 2-45 related to the dollar threshold for competitive sealed bidding and competitive negotiation.

8.C.2.c. TO CONSIDER AMENDING SECTION 14-23 OF THE COUNTY CODE RELATING TO USE OF ALCOHOL ON CERTAIN PUBLIC PROPERTY

On motion of Mr. Gecker, seconded by Mr. Holland, the Board set June 25, 2008 at 6:30 p.m., for the Board to consider amending Section 14-23 of the County Code relating to use of alcohol on certain public property.

8.C.2.d. TO CONSIDER ADOPTION OF AN ORDINANCE CREATING THE CHIPPENHAM PLACE COMMUNITY DEVELOPMENT AUTHORITY

Mr. Stegmaier stated he was declaring a conflict of interest under the State and Local Conflict of Interests Act in the matters described in this agenda item due to the fact that 1) his daughter, who resides in Iowa, is currently working as a summer intern with Hunton and Williams Law Firm; 2) Hunton and Williams represents the Chesterfield County Economic Development Authority, which is the owner of a portion of the Cloverleaf Mall site which is being redeveloped; and 3) his daughter is temporarily living in his household until June 1, 2008 when she will move to a more permanent rental arrangement for the summer. He further stated the ultimate decision by the Board in the matters described in this agenda item could affect the value of the EDA’s property. He stated he has been advised by the County Attorney that this creates a conflict of interest and that the conflict will be eliminated when his daughter moves to her new address on June 1; and even though this conflict is relatively technical and very temporary, he disqualified himself from participating in any way with this agenda item and excused himself from the meeting.

On motion of Mr. Gecker, seconded by Ms. Jaeckle, the Board set June 25, 2008 at 6:30 p.m., for the Board to consider adoption of an Ordinance creating the Chippenham Place Community Development Authority.

8.C.3. AWARD A CONSULTING CONTRACT TO MOSELEY ARCHITECTS FOR A FEASIBILITY AND PROGRAMMING STUDY FOR THE FUTURE CHESTERFIELD COUNTY PUBLIC SAFETY HEADQUARTERS BUILDING

On motion of Mr. Gecker, seconded by Mr. Holland, the Board authorized the County Administrator to execute a contract with Moseley Architects in the amount of $163,765 for a feasibility and programming study for a future public safety headquarters building.

8.C.4. TRANSFER OF DISTRICT IMPROVEMENT FUNDS FROM THE MIDLOTHIAN DISTRICT IMPROVEMENT FUND TO THE PARKS AND RECREATION DEPARTMENT TO PURCHASE AND INSTALL LANDSCAPING IN VIRGINIA DEPARTMENT OF TRANSPORTATION RIGHT-OF-WAY ALONG WEST WINTERFIELD ROAD

On motion of Mr. Gecker, seconded by Mr. Holland, the Board transferred $5,000 from the Midlothian District Improvement Fund to the Parks and Recreation Department to purchase and install landscaping in VDOT right-of-way along West Winterfield Road.

8.C.5. INITIATION OF CONDITIONAL USE PLANNED DEVELOPMENT APPLICATION FOR MILLSIDE SUBDIVISION TO OMIT REQUIRED SETBACKS FOR STRUCTURES OPEN ON THREE SIDES

On motion of Mr. Gecker, seconded by Mr. Holland, the Board initiated a Conditional Use Planned Development relative to setback requirements for structures open on three sides for Millside Subdivision, waived the disclosure requirements and appointed Joe Feest, Planning Administrator, as the Board's Agent.

8.C.6. REQUEST FOR A MUSIC/ENTERTAINMENT FESTIVAL PERMIT FOR THE AUDRA M. GREEN MUSIC FOR A CAUSE FOUNDATION EVENT ON MAY 31, 2008

On motion of Mr. Gecker, seconded by Mr. Holland, the Board approved a request for a music/entertainment festival permit for the Audra M. Green Music For A Cause Foundation event on May 31, 2008.

8.C.7. AUTHORIZE THE RECEIPT AND APPROPRIATION OF GRANT FUNDS FROM THE 2007 STATE HOMELAND SECURITY PROGRAM GRANT

8.C.7.a. TO PURCHASE HEAVY TACTICAL RESCUE EQUIPMENT, EXERCISES AND TRAINING

On motion of Mr. Gecker, seconded by Mr. Holland, the Board authorized the Fire and Emergency Medical Services Department to receive and appropriate $15,000 in grant funds from the 2007 State Homeland Security Program Grant (SHSP) to purchase heavy tactical rescue equipment, exercises and training.

8.C.7.b. TO PURCHASE CHEMICAL, BIOLOGICAL, RADIOLOGICAL, NUCLEAR AND EXPLOSIVES EQUIPMENT AND TRAINING

On motion of Mr. Gecker, seconded by Mr. Holland, the Board authorized the Fire and Emergency Medical Services Department to receive and appropriate $30,000 in grant funds from the 2007 State Homeland Security Program Grant (SHSP) to purchase chemical, biological, radiological, nuclear and explosives equipment and training.

8.C.8. DONATION OF SURPLUS BOAT TRAILER AND MIRRORCRAFT BOAT BACK TO THE PHILLIPS VOLUNTEER FIRE STATION

On motion of Mr. Gecker, seconded by Mr. Holland, the Board approved the donation of a surplus boat trailer and Mirrorcraft boat back to Phillips Volunteer Fire Station 13.

On motion of Mr. Gecker, seconded by Mr. Holland, 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, 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: Qualla Farms H 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
• Qualla Farms Drive, State Route Number 7281 From: Stockport Dr., (Rt. 5721) To: Qualla Farms Tr., (Rt. 7283), a distance of: 0.03 miles. Recordation Reference: Pb. 171 Pg. 58 Right of Way width (feet) = 40
• Qualla Farms Place, State Route Number 7282 From: Qualla Farms Tr., (Rt. 7283) To: Cul-de-sac, a distance of: 0.03 miles. Recordation Reference: Pb. 171 Pg. 58 Right of Way width (feet) = 40
• Qualla Farms Terrace, State Route Number 7283 From: Qualla Farms Dr., (Rt. 7281) To: Qualla Farms Ct., (Rt. 7284), a distance of: 0.04 miles. Recordation Reference: Pb. 171 Pg. 58 Right of Way width (feet) = 40
• Qualla Farms Court, State Route Number 7284 From: Qualla Farms Tr., (Rt. 7283) To: Cul-de-sac, a distance of: 0.02 miles. Recordation Reference: Pb. 171 Pg. 58 Right of Way width (feet) = 40
• Qualla Farms Terrace, State Route Number 7283 From: Qualla Farms Ct., (Rt. 7284) To: Cul-de-sac, a distance of: 0.05 miles. Recordation Reference: Pb. 171 Pg. 58 Right of Way width (feet) = 40

WHEREAS, the streets described below are shown on plats recorded in the Clerk’s Office of the Circuit Court of Chesterfield County; and

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: Amended Cameron Bay Sec.D 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

• Village School Lane, State Route Number 7027 From: 0.02 miles W of Walking Path Ln., (Rt. 7025) To: Cameron Bay Dr., (Rt. 5633), a distance of: 0.06 miles. Recordation Reference: Pb. 168 Pg. 36 Right of Way width (feet) = 40
• Village School Lane, State Route Number 7027 From: Cameron Bay Dr., (Rt. 5633) To: Summerhouse Ln., (Rt. 7028), a distance of: 0.03 miles. Recordation Reference: Pb. 168 Pg. 36 Right of Way width (feet) = 40
• Village School Lane, State Route Number 7027 From: Summerhouse Ln., (Rt. 7028) To: Cul-de-sac, a distance of: 0.09 miles. Recordation Reference: Pb. 168 Pg. 36 Right of Way width (feet) = 40
• Cameron Bay Drive, State Route Number 5633 From: 0.03 miles W of Walking Path Ln., (Rt. 7025) To: Village School Ln., (Rt. 7027), a distance of: 0.10 miles. Recordation Reference: Pb. 168 Pg. 36 Right of Way width (feet) = 60
• Cameron Bay Drive, State Route Number 5633 From: Village School Ln., (Rt. 7027) To: Temp EOM, a distance of: 0.03 miles. Recordation Reference: Pb. 168 Pg. 36 Right of Way width (feet) = 60
• Summerhouse Lane, State Route Number 7028 From: Village School Ln., (Rt. 7027) To: Summerhouse Ct., (Rt. 7267), a distance of: 0.19 miles. Recordation Reference: Pb. 168 Pg. 36 Right of Way width (feet) = 40
• Summerhouse Court, State Route Number 7267 From: Summerhouse Ln., (Rt. 7028) To: Cul-de-sac, a distance of: 0.03 miles. Recordation Reference: Pb. 168 Pg. 36 Right of Way width (feet) = 40
• Summerhouse Lane, State Route Number 7028 From: Summerhouse Ct., (Rt. 7267) To: 0.03 miles W of Walking Path Ln., (Rt. 7025), a distance of: 0.05 miles. Recordation Reference: Pb. 168 Pg. 36 Right of Way width (feet) = 40

WHEREAS, the streets described below are shown on plats recorded in the Clerk’s Office of the Circuit Court of Chesterfield County; and

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: Foxfield
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
• Swift Fox Drive, State Route Number 7288 From: Woolridge Rd., (Rt. 668) To: 0.02 miles N of Woolridge Rd., (Rt. 668), a distance of: 0.02 miles. Recordation Reference: Pb. 157 Pg. 39 Right of Way width (feet) = 80
• Swift Fox Drive, State Route Number 7288 From: 0.02 miles N of Woolridge Rd., (Rt. 668) To: 0.06 miles N of Woolridge Rd., (Rt. 668), a distance of: 0.04 miles. Recordation Reference: Pb. 157 Pg. 39 Right of Way width (feet) = var
• Swift Fox Drive, State Route Number 7288 From: 0.06 miles N of Woolridge Rd., (Rt. 668) To: 0.10 miles N of Woolridge Rd., (Rt. 668), a distance of: 0.04 miles. Recordation Reference: Pb. 157 Pg. 39 Right of Way width (feet) = 60
• Trail Ride Drive, State Route Number 7289 From: Swift Fox Dr., (Rt. 7288) To: Quarter Horse Ln., (Rt. 7290), a distance of: 0.20 miles. Recordation Reference: Pb. 157 Pg. 39 Right of Way width (feet) = 50
• Trail Ride Drive, State Route Number 7289 From: Quarter Horse Ln., (Rt. 7290) To: Trail Ride Ct., (Rt. 7291), a distance of: 0.26 miles. Recordation Reference: Pb. 157 Pg. 39 Right of Way width (feet) = 40
• Trail Ride Drive, State Route Number 7289 From: Trail Ride Ct., (Rt. 7291) To: Quarter Horse Ln., (Rt. 7290), a distance of: 0.05 miles. Recordation Reference: Pb. 157 Pg. 39 Right of Way width (feet) = 50

• Quarter Horse Lane, State Route Number 7290 From: Trail Ride Dr., (Rt. 7289) To: Trail Ride Dr., (Rt. 7289), a distance of: 0.18 miles. Recordation Reference: Pb. 157 Pg. 39 Right of Way width (feet) = 40
• Quarter Horse Lane, State Route Number 7290 From: Trail Ride Dr., (Rt. 7289) To: Cul-de-sac, a distance of: 0.03 miles. Recordation Reference: Pb. 157 Pg. 39 Right of Way width (feet) = 40
• Trail Ride Court, State Route Number 7291 From: Trail Ride Dr., (Rt. 7289) To: Cul-de-sac, a distance of: 0.19 miles. Recordation Reference: Pb. 157 Pg. 39 Right of Way width (feet) = 40

8.C.10. AUTHORIZE THE COUNTY ADMINISTRATOR TO TRANSFER FUNDS AND EXECUTE CHANGE ORDER NUMBER ONE FOR THE CONSTRUCTION CONTRACT FOR CHESTER MIDDLE SCHOOL FOOTBALL/SOCCER FIELD EXPANSION AND SOFTBALL FIELD RELOCATION

On motion of Mr. Gecker, seconded by Mr. Holland, the Board authorized the County Administrator to transfer $144,593.30 from the Goyne Park Project account to the Park Improvements account and execute Change Order Number One for the construction contract with Interstate Construction Company in the amount of $144,593.30, for additional work at Chester Middle School for the football/soccer field expansion and softball field relocation.

8.C.11. AUTHORIZE THE COUNTY ADMINISTRATOR TO EXECUTE A CONSTRUCTION CONTRACT FOR MIDLOTHIAN MIDDLE SCHOOL ROADWAY PAVING AND TRACK IMPROVEMENTS

On motion of Mr. Gecker, seconded by Mr. Holland, the Board authorized the County Administrator to execute a construction contract with Shoosmith Brothers, Incorporated for Midlothian Middle School roadway, paving and track improvements in the amount of $550,000.

8.C.12. APPROPRIATION OF ADDITIONAL ROAD CASH PROFFER FUNDS AND AUTHORIZATION TO PROCEED WITH THE BRANDERS BRIDGE ROAD (STONEY GLEN) RECONSTRUCTION PROJECT

On motion of Mr. Gecker, seconded by Mr. Holland, the Board appropriated an additional $917,000 in road cash proffers (Traffic Shed 18) and authorized the County Administrator to proceed with the Branders Bridge Road (Stoney Glen) Reconstruction project.

8.C.13. APPROPRIATION OF FUNDS AND AUTHORIZATION TO PROCEED WITH THE OLD HUNDRED ROAD CORRIDOR STUDY

On motion of Mr. Gecker, seconded by Mr. Holland, the Board appropriated $66,450 from the General Road Improvement Account and authorized staff to proceed with the Old Hundred Road Corridor Study.

8.C.14. APPROPRIATION OF ROAD CASH PROFFERS AND AUTHORIZATION TO PROCEED WITH THE DESIGN OF THE CHALKLEY ROAD REALIGNMENT PROJECT NORTH OF ECOFF AVENUE

On motion of Mr. Gecker, seconded by Mr. Holland, the Board appropriated $100,000 in road cash proffers from Traffic Shed 13 for the Chalkley Road realignment project north of Ecoff Avenue.

8.C.16.a. ALONG WEST HUNDRED ROAD, DALE LANE AND THOMPSON AVENUE FROM WBB DEVELOPMENT COMPANY, LLC

On motion of Mr. Gecker, seconded by Mr. Holland, the Board accepted the conveyance of two parcels of land containing a total of 0.146 acres along West Hundred Road, Dale Lane and Thompson Avenue from WBB Development Company, LLC, and authorized the County Administrator to execute the deed. (It is noted a copy of the plat is filed with the papers of this Board.)

8.C.16.b. 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. Holland, the Board accepted the conveyance of six parcels of land containing a total of 6.678 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 copies of the plats are filed with the papers of this Board.)

On motion of Mr. Gecker, seconded by Mr. Holland, the Board accepted the conveyance of a parcel of land containing 0.233 acres along Ecoff Avenue from Laverne C. Cole and Mary W. Cole, 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.)

On motion of Mr. Gecker, seconded by Mr. Holland, the Board accepted the conveyance of a parcel of land containing 0.100 acres along Cross Street from Cross Street Property, 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.)

On motion of Mr. Gecker, seconded by Mr. Holland, the Board accepted the conveyance of two parcels of land containing a total of 0.128 acres along the east right of way line of River Road (State Route 602) from Jack B. Hicks and Evelyn B. Hicks, 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.)

On motion of Mr. Gecker, seconded by Mr. Holland, the Board accepted the conveyance of a parcel of land containing 0.130 acres along Iron Bridge Road from the Myers Family Partnership, L.P., 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.)

8.C.16.g. ALONG RIVER ROAD AND GRAVES ROAD FROM PEACEFIELD DEVELOPMENT CORPORATION

On motion of Mr. Gecker, seconded by Mr. Holland, the Board accepted the conveyance of two parcels of land containing 1.679 acres along east right of way line of River Road (State Route 602) and 0.477 acres along the north right of way line of Graves Road (State Route 630) from Peacefield Development Corporation, and authorized the County Administrator to execute the deed. (It is noted copies of the plats are filed with the papers of this Board.)

On motion of Mr. Gecker, seconded by Mr. Holland, the Board accepted the conveyance of a parcel of land containing 0.0105 acres along West Hundred Road (State Route 10) from Powers and Associates, 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.)

On motion of Mr. Gecker, seconded by Mr. Holland, the Board accepted the conveyance of two parcels of land containing a total of 0.058 acres along Ironbridge Road from Second Baptist Church, and authorized the County Administrator to execute the deed. (It is noted a copy of the plat is filed with the papers of this Board.)

On motion of Mr. Gecker, seconded by Mr. Holland, the Board accepted the conveyance of a parcel of land containing a 0.05 acres along Jefferson Davis Highway from See Yuan Chan Investments, 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.)

On motion of Mr. Gecker, seconded by Mr. Holland, the Board accepted the conveyance of a parcel of land containing 0.116 acres along Cogbill Road from Shiv Traders, Inc., 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.)

8.C.16.l. ALONG JEFFERSON DAVIS HIGHWAY FROM WILLIAM K. AND LORI S. THIBAULT

On motion of Mr. Gecker, seconded by Mr. Holland, the Board accepted the conveyance of two parcels of land containing a total of 0.367 acres along Jefferson Davis Highway from William K. and Lori S. Thibault, 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.)

8.C.16.m. FOR THE EXTENSION OF NORTH OTTERDALE ROAD FROM TWIN CREEK DEVELOPMENT COMPANY

On motion of Mr. Gecker, seconded by Mr. Holland, the Board accepted the conveyance of a parcel of land containing 3.539 acres for the extension of North Otterdale Road from Twin Creek Development Company, 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.)

On motion of Mr. Gecker, seconded by Mr. Holland, the Board approved the following water contract for 20630 Bass Street water improvements:

Contract Amount:
Estimated County Cost for Off-Site $2,183.50
Estimated Developer Cost $7,616.50
Estimated Total $9,800.00
Code:(Refunds thru Connections – Off-Site) 5B-572VO-E4D

And, further, the Board authorized the County Administrator to execute any necessary documents.

8.C.18. AWARD OF CONSTRUCTION CONTRACT FOR REPLACEMENT OF THE EXISTING SUNNYBROOK WASTEWATER PUMPING STATION.

On motion of Mr. Gecker, seconded by Mr. Holland, the Board awarded a construction contract for replacement of the existing Sunnybrook Wastewater Pumping Station to T.A. Sheets Mechanical Contractors, Inc. in the amount of $6,480,000; transferred $7,500,000 from Rate Stabilization to the Sunnybrook Wastewater Pumping Station project account, and authorized the County Administrator to execute the necessary documents.

8.C.19.a. A VARIABLE WIDTH TEMPORARY REDUCED IMPERVIOUSNESS BEST MANAGEMENT PRACTICE EASEMENT ACROSS THE PROPERTY OF BEP LIMITED PARTNERSHIP

On motion of Mr. Gecker, seconded by Mr. Holland, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute a quitclaim deed to vacate a variable width temporary reduced imperviousness best management practice easement across the property of BEP Limited Partnership. (It is noted a copy of the plat is filed with the papers of this Board.)

8.C.19.b. A VARIABLE WIDTH STORM WATER MANAGEMENT SYSTEM/BEST MANAGEMENT PRACTICE EASEMENT AND TWENTY-FOOT AND FORTY-FOOT STORM WATER MANAGEMENT SYSTEM/BEST MANAGEMENT PRACTICE ACCESS EASEMENTS ACROSS THE PROPERTY OF BEULAH UNITED METHODIST CHURCH

On motion of Mr. Gecker, seconded by Mr. Holland, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute a quitclaim deed to vacate a variable width storm water management system/best management practice easement and 20-foot and 40-foot storm water management system/best management practice access easements across the property of Beulah United Methodist Church. (It is noted a copy of the plat is filed with the papers of this Board.)

8.C.19.c. VARIABLE WIDTH WATER EASEMENTS, A SIXTEEN-FOOT DRAINAGE EASEMENT (PRIVATE), A TWENTY-FOOT STORM WATER MANAGEMENT SYSTEM/BEST MANAGEMENT PRACTICE ACCESS EASEMENT AND A VARIABLE WIDTH STORM WATER MANAGEMENT SYSTEM/BEST MANAGEMENT PRACTICE EASEMENT ACROSS THE PROPERTY OF THE LANDMARK COMPANY, INCORPORATED

On motion of Mr. Gecker, seconded by Mr. Holland, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute a quitclaim deed to vacate variable width water easements, a 16-foot drainage easement (private), a 20-foot storm water management system/best management practice access easement and a variable width storm water management system/best management practice easement across the property of The Landmark Company, Incorporated. (It is noted copies of the plats are filed with the papers of this Board.)

8.C.19.d. A VARIABLE WIDTH STORM WATER MANAGEMENT SYSTEM/BEST MANAGEMENT PRACTICE EASEMENT AND A VARIABLE WIDTH STORM WATER MANAGEMENT SYSTEM/BEST MANAGEMENT PRACTICE ACCESS EASEMENT ACROSS THE PROPERTY OF UPHOFF VENTURES, LLC

On motion of Mr. Gecker, seconded by Mr. Holland, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute a quitclaim deed to vacate a variable width storm water management system/best management practice easement and storm water management system/best management practice access easement across the property of Uphoff Ventures, LLC. (It is noted a copy of the plat is filed with the papers of this Board.)

8.C.20. DESIGNATION OF RIGHT OF WAY AND TEMPORARY CONSTRUCTION EASEMENT FOR ECOFF AVENUE

On motion of Mr. Gecker, seconded by Mr. Holland, the Board designated right of way and temporary construction easement for Ecoff Avenue and authorized the County Administrator to execute the declaration. (It is noted copies of the plat are filed with the papers of this Board.)

8.C.21. CONVEYANCE OF A VARIABLE WIDTH SLOPE AND DRAINAGE EASEMENT TO THE COMMONWEALTH OF VIRGINIA FOR THE TREELY ROAD TURNLANE IMPROVEMENT PROJECT

On motion of Mr. Gecker, seconded by Mr. Holland, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute an easement agreement conveying a variable width slope and drainage easement to the Commonwealth of Virginia. (It is noted a copy of the plat is filed with the papers of this Board.)

8.C.24. RATIFY REQUEST TO DEPARTMENT OF CORRECTIONS TO HOLD PUBLIC HEARING ON PROPOSED LEASE FOR STATE PROBATION AND PAROLE OFFICES

On motion of Mr. Gecker, seconded by Mr. Holland, the Board ratified the request sent to the State Department of Corrections requesting they hold public hearing on a proposed lease at 11310 Business Center Drive for state probation and parole offices.

The following items were removed from the Consent Agenda for Board discussion: Item 8.C.15., Transfer of Funds and Authorization to Proceed with the Magnolia Green Community Development Authority Road Widening Project; Item 8.C.17.b., Approval of Water Contract for Hull Street Road Waterline Extension to Magnolia Green; Item 8.C.22.a., Request for Permission from Richard A. Hobson and Julie D. Hobson for an Existing Shed to Encroach Within an Eight-Foot Easement Across Lot 8, Block A, Lora Lynn Heights, Section 4; Item 8.C.22.b., Request for Permission from RSC Group, LLC for a Concrete Driveway to Encroach Within a Sixteen-Foot Drainage Easement Across Lot 7, Baileys Grove, Section A; Item 8.C.22.c., Request for Permission from Jesse Thrower and Jacquelyn Thrower for a Proposed Above Ground Swimming Pool to Encroach Within a Ten-Foot Easement Across Lot 29, Antler Ridge, Section 8; and Item 8.C.23., Revisions to School Board FY2008 Operating and Capital Improvement Program Appropriations.

8.C.15. TRANSFER OF FUNDS AND AUTHORIZATION TO PROCEED WITH THE MAGNOLIA GREEN COMMUNITY DEVELOPMENT AUTHORITY ROAD WIDENING PROJECT

In response to Mr. Gecker’s questions, Mr. Stegmaier stated the Magnolia Green Community Development Authority Road Widening Project is in the design phase. He further stated the county has an obligation to acquire right of way for the project. He explained the county was requesting the $2 million now to provide funding for the project.

In response to Mr. Gecker’s question, Mr. Covington stated the contract for the waterline has not been executed at this time. He further stated there is no legal obligation for the county to provide the waterline into Magnolia Green. He stated this waterline is the main line, which is over 8,000 linear feet.

In response to Mr. Gecker’s question, Ms. Durfee stated there is not much land remaining along the corridor that is undeveloped.

On motion of Ms. Durfee, seconded by Mr. Holland, the Board authorized the transfer of $2,000,000 from the Route 360 West Project to the Magnolia Green Community Development Authority (CDA) Road Widening Project, and authorized staff to proceed with right-of-way acquisition and environmental permitting activities.

Mr. Gecker inquired whether the Board could use utilities to slow growth on undeveloped land in the county. He stated he did not intend to facilitate the extension of the utilities in this area.

Ms. Durfee stated the extension of the waterline will also serve commercial development along the corridor.

On motion of Ms. Durfee, seconded by Mr. Holland, the Board approved the following water contract for Hull Street Road waterline extension to Magnolia Green:

Developer: Magnolia Green Development, LLC
Contractor: Piedmont Construction Company

Contract Amount:
Estimated County Cost for Off-Site $180,730.75
Estimated County Cost for Oversizing $228,090.00

Estimated Developer Cost $1,388,179.00
Estimated Total $1,797,000.00
Code:(Refunds thru Connections – Off-Site) 5B-572VO-E4D
(Refunds thru Connections – Oversizing) 5B-572VO-E4C

And, further, the Board authorized the County Administrator to execute any necessary documents.

Mr. Warren stated the current policy on the extension of waterlines needs to be reviewed and requested the Board be presented information on the policy

8.C.22.a. FROM RICHARD A. HOBSON AND JULIE D. HOBSON FOR AN EXISTING SHED TO ENCROACH WITHIN AN EIGHT-FOOT EASEMENT ACROSS LOT 8, BLOCK A, LORA LYNN HEIGHTS, SECTION 4

In response to Mr. Gecker’s question, Mr. Harmon stated the easement is undesignated and dedicated by the subdivision plat. He further stated the easement was not requested to be vacated.

On motion of Mr. Holland, seconded by Mr. Warren, the Board approved a request from Richard A. Hobson and Julie D. Hobson for permission for an existing shed to encroach within an 8-foot easement across Lot 8, Block A, Lora Lynn Heights, Section 4, subject to the execution of a license agreement. (It is noted a copy of the plat is filed with the papers of this Board.)

8.C.22.b. FROM RCS GROUP, LLC FOR A CONCRETE DRIVEWAY TO ENCROACH WITHIN A SIXTEEN-FOOT DRAINAGE EASEMENT ACROSS LOT 7, BAILEYS GROVE, SECTION A

In response to Mr. Gecker’s question, Mr. Harmon stated the easement is a drainage easement and the request was reviewed by the Environmental Engineering Department.

On motion of Mr. Holland, seconded by Mr. Warren, the Board approved a request from RCS Group, LLC, for permission for a proposed concrete driveway to encroach within a 16-foot drainage easement across Lot 7, Baileys Grove, Section A, subject to the execution of a license agreement. (It is noted a copy of the plat is filed with the papers of this Board.)

8.C.22.c. FROM JESSE THROWER AND JACQUELYN THROWER FOR A PROPOSED ABOVE GROUND SWIMMING POOL TO ENCROACH WITHIN A TEN-FOOT EASEMENT ACROSS LOT 29, ANTLER RIDGE, SECTION 8

In response to Mr. Gecker’s question, Mr. Harmon stated the easement is undesignated and dedicated by the subdivision plat. He further stated the easement was not requested to be vacated.

On motion of Mr. Holland, seconded by Mr. Warren, the Board approved a request from Jesse Thrower and Jacquelyn Thrower for permission for a proposed above ground swimming pool to encroach within a 10-foot easement across Lot 29, Antler Ridge, Section 8, subject to the execution of a license agreement. (It is noted a copy of the plat is filed with the papers of this Board.)

8.C.23. REVISIONS TO SCHOOL BOARD FY2008 OPERATING AND CAPITAL IMPROVEMENT PROGRAM APPROPRIATIONS

In response to Mr. Gecker’s question, Ms. Kitchen stated this is the end of year item, where the School Board is asking that the Board reduce the appropriations by $3.7 million. She further stated it is a combination of state funding, county funding and bond proceeds that will not be received. She explained the second part of the item is to increase the appropriations in the school capital fund from interest earnings from the 2005 – 2006 General Obligation Bonds that are available for use. She stated the School Board is requesting permission to use the funds for technology expenditures that would have been used from CIP reserve and therefore, freeing up the CIP reserve that can be used for major maintenance. She further stated the funds came from health insurance savings and from the contingency fund. She stated the contingency fund contains $3 million and the surplus goes into ending balance in June and will come back to the Board in August.

On motion of Mr. Gecker, seconded by Mr. Holland, the Board (1) authorized the County Administrator to reserve and appropriate into FY2009 unspent FY2008 appropriations, contingent upon positive results of operations within individual departments and division wide, as determined by the county’s financial audit, as outlined on Attachment A; (2) decreased appropriations to the School Operating fund by $3,738,300 and make appropriation changes among categories consistent with the resolution adopted by the School Board on May 13, 2008 provided at Attachment B; and (3) increased the appropriations in the School Capital Improvements program by $3,558,600 from interest earnings on 2005 and 2006 general obligation debt ($3,072,600) and from a transfer from the School Board Operating Fund ($486,000).

9.B. REPORT ON STATUS OF GENERAL FUND BALANCE, RESERVE FOR FUTURE CAPITAL PROJECTS, DISTRICT IMPROVEMENT FUNDS AND LEASE PURCHASES

On motion of Ms. Durfee, seconded by Mr. Gecker, the Board accepted the following reports: a Report on Developer Water and Sewer Contracts; and a Report on Status of General Fund Balance, Reserve for Future Capital Projects, District Improvement Funds and Lease Purchases.

And, further, the following roads were accepted into the State Secondary System:

Amberleigh Circle (Route 7051) – From Amberleigh Loop (Route 7254) to Amberleigh Loop (Route 7254) 0.04 Mi.

Amberleigh Circle (Route 7051) – From 0.09 mile north of Amberleigh Boulevard (Route 5879) to Amberleigh Loop (Route 7254) 0.04 Mi.

Amberleigh Loop (Route 7254) – From Amberleigh Circle (Route 7051) to Amberleigh Circle (Route 7051) 0.19 Mi.

Amberleigh Loop (Route 7254) – From Amberleigh Circle (Route 7051) to temporary end of maintenance 0.02 Mi.

Baileys Grove Court (Route 7251) – From Baileys Grove Drive (Route 7250) to cul-de-sac 0.04 Mi.

Baileys Grove Drive (Route 7250) – From Baileys Path Road (Route 7252) to temporary end of maintenance 0.01 Mi.

Baileys Grove Drive (Route 7250) – From Hampton Avenue (Route 1315) to Baileys Grove Court (Route 7251) 0.05 Mi.

Baileys Grove Drive (Route 7250) – From Baileys Grove Court (Route 7250) to Baileys Path Road (Route 7252) 0.22 Mi.

Baileys Lane (Route 7253) – From Baileys Path Road (Route 7252) to temporary end of maintenance 0.03 Mi.

Baileys Path Road (Route 7252) – From Baileys Lane (Route 7253) to temporary end of maintenance 0.03 Mi.

Baileys Path Road (Route 7252) – From Baileys Grove Drive (Route 7250) to Baileys Lane Route (7253) 0.11 Mi.

Dorius Drive (Route 2805) – From Cyrus Street (Route 2807) to cul-de-sac 0.12 Mi.

Regal Grove Drive (Route 7128) – From South Jessup Road (Route 2301) to cul-de-sac 0.08 Mi.

South Jessup Loop (Route 7245) – From South Jessup Road (Route 2301) to South Jessup Road (Route 2301) 0.06 Mi.

South Jessup Road (Route 2301) – From Regal Grove Drive (Route 7128) to 0.02 mile north of Regal Grove Drive (Route 7128) 0.02 Mi.

South Jessup Road (Route 2301) – From Regal Grove Drive (Route 7128) to South Jessup Loop (Route 7245) 0.06 Mi.

South Jessup Road (Route 2301) – from South Jessup Loop (Route 7245) to South Jessup Loop (Route 7245) 0.02 Mi.

South Jessup Road (Route 2301) – From South Jessup Loop (Route 7245) to cul-de-sac 0.17 Mi.

Mr. George Beadles addressed the Board regarding the Magnolia Green golf course wishing to pull water from Blackburn Creek to water the golf course.

On motion of Ms. Durfee, seconded by Mr. Warren, the Board recessed to the Lane B. Ramsey Administration Building, Room 502, for dinner.

Eagle Scout Jesse Bonovitch led the Pledge of Allegiance to the Flag of the United States of America.

14.A. RECOGNIZING MR. ALFRED ELKO AND MR. LAWRENCE HATTON FOR THEIR SERVICE ON THE CAMP BAKER MANAGEMENT BOARD

Ms. Dickson introduced Mr. Alfred Elko and Mr. Lawrence Hatton, who were present to receive resolutions.

WHEREAS, community service is among the greatest traditions for Chesterfield County residents; and

WHEREAS, Mr. Alfred Elko has been a valued member and leader of the Camp Baker Management Board for over 20 years, from 1987 until 2008; and

WHEREAS, Mr. Elko participated in development and implementation of long-term master planning for major capital renovations to upgrade and make the Camp Baker facility barrier free; and

WHEREAS, during his involvement with Camp Baker Services, a program of the Greater Richmond ARC, more than 500 citizens with disabilities annually have been able to access year-round emergency and weekend respite, summer camp, adult day support and after school care.

NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 28th day of May 2008, publicly recognizes and commends Mr. Alfred Elko for his devoted service to Chesterfield County and the Camp Baker Management Board.

AND, BE IT FURTHER RESOLVED that a copy of this resolution be presented to Mr. Elko and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia.

WHEREAS, community service is among the greatest traditions of Chesterfield County residents; and

WHEREAS, Mr. Lawrence Hatton has been a valued and respected member of the Camp Baker Management Board from 1997 until 2008; and

WHEREAS, Mr. Hatton participated in service to the Camp Baker facility through the Chester Civitan Club for many years prior to his service on the Camp Baker Management Board; and

WHEREAS, Mr. Hatton participated in the planning and implementation of ongoing capital renovations for a barrier-free Camp Baker facility; and

WHEREAS, during his involvement with Camp Baker Services, a program of the Greater Richmond ARC, more than 500 citizens with disabilities annually have been able to access year-round emergency and weekend respite, summer camp, adult day support and after school care.

NOW, THEREFORE, BE IT RESOLVED; that the Chesterfield County Board of Supervisors, this 28th day of May 2008, publicly recognizes and commends Mr. Lawrence Hatton for his devoted service to Chesterfield County and the Camp Baker Management Board.

AND, BE IT FURTHER RESOLVED that a copy of this resolution be presented to Mr. Hatton and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia.

Mr. Gecker presented the executed resolution to Mr. Elko and Mr. Hatton and thanked them for their contributions to the Camp Baker Management Board.

Mr. Elko and Mr. Hatton thanked the Board for their recognition and the opportunity to serve on the Camp Baker Management Board.

Mr. Kappel introduced Mr. Adam Nicholas Hamner, Mr. Ryan Craig Hamner, and Mr. Jesse Loren Bonovitch, who were present, with members of their family, to receive resolutions. Mr. Brent David Michalowski was unable to attend.

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. Adam Nicholas Hamner and Mr. Ryan Craig Hamner, both of Troop 810, sponsored by the Church of the Epiphany, Mr. Jesse Loren Bonovitch, Troop 2874, sponsored by Saint Luke’s United Methodist Church, and Mr. Brent David Michalowski, Troop 860, sponsored by Woodlake United Methodist Church, have accomplished those high standards of commitment and have reached the long-sought goal of Eagle Scout which is received by only four percent of those individuals entering the Scouting movement; and

WHEREAS, growing through their experiences in Scouting, learning the lessons of responsible citizenship, and endeavoring to prepare themselves for roles as leaders in society, Adam, Ryan, Jesse and Brent 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 28th day of May 2008, hereby extends its congratulations to Mr. Adam Nicholas Hamner, Mr. Ryan Craig Hamner, Mr. Jesse Loren Bonovitch and Mr. Brent David Michalowski, and acknowledges the good fortune of the county to have such outstanding young men as its citizens.

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. Hamner, Mr. Bonovitch, and Mr. Hamner each provided details of their Eagle Scout projects and expressed appreciation to their parents and community for their support.

Mr. Emanuel Artis addressed the Board regarding treatment he received by a county police officer.

Mr. Dave Anderson addressed the Board regarding the use of sprinkler systems throughout the county and fees paid by the homeowners for water usage.

Mr. William Shewmake addressed the Board regarding concerns for the maintenance of the Upper Swift Creek Reservoir. He stated a maintenance fund needs to be established to fund dredging of areas within the Reservoir.

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

In Bermuda Magisterial District, EMERSON COMPANIES LLC requests Conditional Use and amendment of zoning district map to permit residential multifamily use and 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 general commercial use. This request lies in Community Business (C-3) and General Business (C-5) Districts on 16.2 acres fronting approximately 810 feet on the west line of Jefferson Davis Highway approximately 150 feet south of Velda Road. Tax IDs 794-665-8176 and 794-666-6515.

Mr. Turner stated staff is requesting that the Board remand Case 07SN0292 to the Planning Commission.

Ms. Carrie Coyner, the applicant's representative, requested that the Board not remand the request to the Planning Commission.

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. Andy Scherzer, the applicant’s representative, stated the applicant is in agreement with the deferral.

On motion of Mr. Warren, seconded by Mr. Gecker, the Board deferred Case 05SN0239 to September 24, 2008.

In Midlothian Magisterial District, HAMID M. GHORASHI AND DIANNA M. WATERS request rezoning and amendment of zoning district map from Residential (R-7) to Corporate Office (O-2) plus Conditional Use Planned Development to permit exceptions to Ordinance requirements. The density of such amendments will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for village fringe area uses. This request lies on 1.3 acres fronting approximately 80 feet on the north line of Midlothian Turnpike approximately 360 feet west of Village Mill Drive. Tax ID 727-708-7371.

Mr. Turner presented a summary of Case 08SN0106 and stated the Planning Commission and staff recommended approval and acceptance of the proffered conditions.

Mr. Hamid M. Ghorashi, the applicant, stated staff’s recommendation was acceptable.

On motion of Mr. Gecker, seconded by Ms. Durfee, the Board approved Case 08SN0106 and accepted the following proffered conditions:

The property owner/applicant in this rezoning case, pursuant to Section 15.2-2298 of the Code of Virginia (1950 as amended) and the Zoning Ordinance of Chesterfield County, for themselves and their successors or assigns, proffer that the property under consideration will be developed according to the following proffers if, and only if, the rezoning request submitted herewith is granted with only those conditions agreed to by the owner /applicant. In the event this request is denied or approved with conditions not agreed to by the owner and applicant, the proffers shall immediately be null and void and of no further force or effect.

1. Fence. A decorative metal fence shall be constructed along Midlothian Turnpike exclusive of the entranceway. The design of such fence shall be substantially similar to that which is required for Tax ID 732-707-0433 (First Citizens Bank) by conditions of Case 07SN0232. (P)

2. Architecture. The architectural treatment of buildings constructed on the Property shall be consistent with American Colonial Architecture as defined by the Sycamore Square development. (P)

3. Sidewalk. In conjunction with the development of Property, the developer shall construct a side walk to VDOT standards along Midlothian Turnpike (Route 60) for the entire property frontage, and dedicate to Chesterfield County, free and unrestricted, any additional right-of –way (or easements) required for this improvement. The exact design and location of this improvement shall be approved by the Transportation Department. There shall be a minimum five (5) foot wide grassy strip from the back of curb to the sidewalk. (P)

4. Access to Route 60. Direct vehicular access from the property to Route 60 shall be limited to one (1) entrance/exit. The access shall be located along the eastern property line. The exact location of this access shall be approved by the Transportation Department. Prior to any site plan approval, an access easement, acceptable to the Transportation Department shall be recorded across the property to provide shared use of this access with adjacent properties to the east and west. (T)

5. Dedication. Prior to any site plan approval, forty-five (45) feet of right-of –way on the north side of Midlothian Turnpike (Route 60) measured from the centerline of that part of Route 60 immediately adjacent to the property, shall be dedicated, free and unrestricted, to and for the benefit of Chesterfield County. (T)

6. Notification. The developer shall be responsible for notifying by registered, certified or first class mail, the last known representative on file with the Planning Department of the Village of Midlothian Volunteer Coalition of any site plan. Such notification shall occur as soon as practical, but in no event less than twenty-one (21) days prior to approval or disapproval of the plan. The developer shall provide a copy of the notification letter(s) to the Planning Department. (P)

7. Street Lights. The developer shall be responsible for installation of decorative street lighting similar in design to the light fixture specified in The Midlothian Village Technical Manual which shall be provided along all public roads adjacent to the site. Spacing shall be approximately eighty (80) feet on center. All on-site freestanding street light fixtures shall be compatible with the aforementioned street lights. (P)

9. Timbering. Except for the timbering approved by the Virginia State Department of Forestry for the purpose of removing dead or diseased trees, there shall be no timbering on the Property until a land disturbance permit has been obtained from the Environmental Engineering Department and the approved devices have been installed. (EE)

10. Master Plan: The Textual Statement dated February 1, 2008 shall be considered the Master Plan. (P)

11. Road Improvements. Prior to issuance of an occupancy permit, the developer/owner shall extend the raised concrete median along Midlothian Turnpike (Route 60) to the Village Mill Drive/Jefferson Green Circle/Route 60 intersection. The exact design and length of this median extension shall be approved by the Transportation Department. (T)

12. Vehicular Lights. The development shall be designed so as to minimize vehicular headlights from shining into adjacent residential properties to the north. The exact treatment shall be approved by the Planning Department in conjunction with site plan review. (P)

In Midlothian Magisterial District, R. SHANE PARR requests amendment to Conditional Use Planned Development (Case 89SN0175) and amendment of zoning district map to delete landscaping requirements. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for general commercial use. The request lies in a Community Business (C-3) District on 16.7 acres fronting approximately 880 feet on the north line of Midlothian Turnpike approximately 1,050 feet east of Robious Road. Tax ID 751-708-4745.

On motion of Mr. Gecker, seconded by Ms. Durfee, the Board deferred Case 08SN0194 to July 30, 2008.

In Bermuda Magisterial District, CHESTERFIELD COUNTY BOARD OF SUPERVISORS requests Conditional Use and amendment of zoning district map to permit expansion of a public wastewater pump station in a Manufactured Home Subdivision (MH-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 light industrial use. This request lies on 0.4 acres measured approximately 2,600 feet southeast of Lansmill and Pine Forest Drives also fronting approximately 650 feet on the northwest line of Arrowfield Road approximately 4,100 feet east of Jefferson Davis Highway. Tax IDs 803-629- Part of 3705 and 803-630- Part of 9122.

Mr. Turner present a summary of Case 08SN0195 and stated the Planning Commission and staff recommended approval subject to the condition.

On motion of Ms. Jaeckle, seconded by Mr. Gecker, the Board approved Case 08SN0195 subject to the following condition:

Any building or mechanical equipment shall comply with Sections 19-570 (b) and (c) and 19-595 of the Zoning Ordinance relative to architectural treatment of building exteriors and screening of mechanical equipment. (P)

(NOTE: This condition would require the screening of mechanical equipment, located on, or associated with, any building from adjacent properties and public rights of way.)

In Midlothian Magisterial District, MI HACIENDA, LLC requests rezoning and amendment of zoning district map from Residential (R-7) to Corporate Office (O-2) with Conditional Use to permit restaurant use. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for village fringe area uses. This request lies on 2.6 acres fronting approximately 250 feet on the north line of Midlothian Turnpike approximately 220 feet east of Winterfield Lane. Tax IDs 727-708-5178 and 6155.

Mr. Turner presented a summary of Case 08SN0196 and stated the Planning Commission and staff recommended approval and acceptance of the proffered conditions.

Mr. Carl Duncan, the applicant's representative, stated the recommendation is acceptable.

On motion of Mr. Gecker, seconded by Mr. Holland, the Board approved Case 08SN0196 and accepted the following conditions:

The property owner/applicant in this rezoning case, pursuant to Section 15.2-2298 of the Code of Virginia (1950 as amended) and the Zoning Ordinance of Chesterfield County, for themselves and their successors or assigns, proffer that the property under consideration will be developed according to the following proffers if, and only if, the rezoning request submitted herewith is granted with only those conditions agreed to by the owner/applicant. In the event this request is denied or approved with conditions not agreed to by the owner and applicant, the proffers shall immediately be null and void and of no further force or effect.

2. Architecture. The architectural treatment of buildings constructed on the Property shall be consistent with American Colonial Architecture as defined by the Sycamore Square development. (P)

3. Sidewalk. In conjunction with the development of the Property, the developer shall construct a sidewalk to VDOT standards along Midlothian Turnpike (Route 60) for the entire property frontage, and dedicate to Chesterfield County, free and unrestricted, any additional right-of-way (or easements) required for this improvements. The exact design and location of this improvement shall be approved by the Transportation Department. There shall be a minimum five (5) foot wide grassy strip from the back of the curb to the sidewalk. (P)

4. Access to Route 60. Direct vehicular access from the property to Route 60 shall be limited to one (1) entrance/exit. The access shall generally be located along the western property line. The exact location of this access shall be approved by the Transportation Department. Prior to any site plan approval, an access easement, acceptable to the Transportation Department, shall be recorded across the property to provide shared use of this access with adjacent properties to the east, west and north. (T)

5. Dedication. Prior to any site plan approval, forty-five (45) feet of right-of-way on the north side of Midlothian Turnpike (Route 60), measured from the centerline of that part of Route 60 immediately adjacent to the property, shall be dedicated free and unrestricted to and for the benefit of Chesterfield County. (T)

6. Notification. The developer shall be responsible for notifying by registered, certified or first class mail, the last known representative on file with the Planning Department of the Village of Midlothian Volunteer Coalition of any site plan. Such notification shall occur as soon as practical, but in no event less than twenty-one (21) days prior to approval of disapproval of the plan. The developer shall provide a copy of the notification letter(s) to the Planning Department. (P)

7. Street Lights. The developer shall be responsible for the installation of decorative street lighting similar in design to the light fixture specified in the Midlothian Village Technical Manual which shall be provided along all public roads adjacent to the site. Spacing shall be eighty (80) feet on center. All on-site freestanding street light fixtures shall be compatible with the aforementioned street lights. (P)

9. 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)

10. Uses. Uses shall be limited to those uses permitted by right or with restrictions in the Corporate Office (O-2) district plus restaurant use, excluding carry out or fast food restaurants. (P)

11. Hours of Operation. Restaurant uses shall not be open to the public between 11 p.m. and 6 a.m. (P)

12. Road Improvements. Prior to the issuance of an occupancy permit, the developer/owner shall extend the raised concrete median along Midlothian Turnpike (Route 60) to the Village Mill Drive / Jefferson Green Circle / Route 60 intersection. The exact design and length of this median extension shall be approved by the Transportation Department. (T)

13. Vehicular Lights. The development shall be designed so as to minimize vehicular headlights from shining into adjacent residential properties to the north. The exact treatment shall be approved by the Planning Department in conjunction with site plan review. (P)

14. Restaurant Uses. No building housing or restaurant use shall be located within 400 feet of the northern property boundary. (P)

Ms. Darla Orr provided a summary of Case 07SN0292, along with changes to the Textual Statement and stated the Planning Commission recommended denial and staff recommended the case be remanded to the Planning Commission.

Ms. Carrie Coyner, the applicant's representative, presented an overview of Case 07SN0292 and stressed the need for revitalization on the Jefferson Davis Corridor. She provided a history of the property to include zoning violation notices. She asked for the Board to approve Case 07SN0292.

Mr. Paul Barr spoke in support of the request, stating the applicant has the ability to make the project work. He urged the Board to approve the request.

Ms. Ree Hart, a representative of the Jefferson Davis Association, spoke in support of Case 07SN0292. She urged the Board to approve the request.

In response to Mr. Warren’s question, Ms. Hart stated she feels this request is the first private investment north of Route 288 and it is a potential stimulant for other development.

Mr. Tom Jacobson provided a brief overview of the history of the property. He stated development on this property will be a stimulant for redevelopment north of Route 288.

In response to Mr. Holland’s question, Ms. Coyner stated this request is a development opportunity and the applicant is taking a risk.

Ms. Jaeckle stated proffered conditions were recently added to address the Board members’ concerns. She addressed the comments made regarding cash proffered conditions. She stated she felt the apartments would not produce the number of children predicted. She further stated the county needs to be flexible with the request.

In response to Ms. Durfee’s questions, Ms. Orr stated the applicant is not offering cash proffers on the request. She further stated the applicant has removed the item in the Textual Statement relating to the buffer requirement, so the case would not be required to follow the Zoning Ordinance requirements. She stated there have been no further discussions with the applicant regarding the security concerns of the Police Department.

In response to Mr. Gecker’s question, Mr. Turner explained the zoning violations include approximately twenty trailers which are outside of the area permitted. He further stated the trailers could stay on the property even if the request is approved for up to two years.

In response to Mr. Gecker’s question, Ms. Coyner stated the applicant did not proffer a timeframe for removal of the trailers due to the leases on lots and environmental concerns due to the septic systems. She further stated all occupants will be gone within twenty months.

Mr. Gecker stated the property does need to be revitalized, but expressed concerns relative to the lack of a guarantee on the timeframe of when the trailers will be removed from the property.

Ms. Jaeckle stated the investment on the county’s part is the waiver of proffers and if the project is not built, the county is not losing any money.

Mr. Holland stated he supported the project, but he expressed concerns relating to the security issues.

Ms. Jaeckle stated the county needs to have a revitalization policy in place to guide the Board on how to handle proffers in respect to revitalization requests. She further stated this request is a good opportunity for the property.

Ms. Durfee stated she believes the county is working towards a revitalization policy. She further stated the priority needs to be to weigh the costs associated with revitalization.

Ms. Jaeckle stated the increased tax revenue would offset the costs associated with the request.

Mr. Warren stated the request has the support of the Jefferson Davis Association. He further stated the applicant is willing to take on the environmental issues in regards to the underground storage tanks located on the property. He stated he believes the request will stimulate development in that area.

Mr. Gecker stated it is time for the case to move forward. He further stated he is prepared to vote to suspend the rules. He stated the request is better than it was last month, but the land use is wrong for this area.

On motion of Mr. Gecker, seconded by Mr. Warren, the Board suspended its rules at this time to allow for consideration of the amended proffered conditions.

Mr. Jacobson stated interchanges such as this location are good for mixed use developments. He further stated residential development is needed to attract commercial development in revitalization developments.

Ms. Jaeckle stated the business and residential communities are in support of this development.

On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board approved Case 07SN0292, subject to the following proffered conditions:

The Owner-Applicant in this zoning case, pursuant to Section 15.2-2298 of the Code of Virginia (1950 as amended) and the Zoning Ordinance of Chesterfield County, for itself and its successors or assigns, proffers that the development of the property known as Chesterfield County Tax ID 794-666-6515 and Tax ID 794-665-8176 with a Conditional Use to permit residential multi-family (RMF) uses and a CUPD to permit bulk exceptions, and subject to the conditions and provisions of the Textual Statement will be developed as set forth below; however, in the event the request is denied or approved with conditions not agreed to by the Applicant, these proffers and conditions shall be immediately null and void and of no further force or effect. These proffered conditions apply to the existing underlying C-3 and C-5 zoning plus uses allowed by the Conditional Use and Conditional Use Planned Development.

1. Timbering. Except for the timbering approved by the Virginia State Department of Forestry for the purpose of removing dead or diseased trees, there shall be no timbering on the Property until a land disturbance permit has been obtained from the Environmental Engineering Department and the approved devices have been installed. (EE)

3. Transportation. Prior to any site plan approval, in conjunction with recordation of the initial subdivision plat or within ninety (90) days of a written request by the Transportation Department, whichever occurs first, sixty (60) feet of right-of-way, measured from the centerline of Jefferson Davis Highway adjacent to the property shall be dedicated, free and unrestricted, to and for the benefit of Chesterfield County. (T)

4. Access. Direct vehicular access from the property to Jefferson Davis Highway shall be limited to two (2) entrances/exits. The exact location of these entrances/exits shall be approved by the Transportation Department. (T)

5. Master Plan. The textual statement dated December 6, 2007, last revised May 15, 2008, shall be considered the Master Plan. (P)

6. A minimum of fifty (50) percent of the gross square footage of the first floor of any portion of a building located within 120 feet of the ultimate right of way of Jefferson Davis Highway where such space fronts on or is oriented towards Jefferson Davis Highway shall be occupied by uses permitted in the Community Business (C-3) District. Provided however if a building permit for commercial tenant upfit is not issued from the Chesterfield County Building Inspection Department within eighteen (18) months after obtaining the first certificate of occupancy for a dwelling unit in said building, the commercial unit(s) may be occupied by residential multi-family uses. (P)

7. Within twenty months (20) months from the date of zoning approval of Case No. 07SN0292, all structures except for the existing communications tower and accessory ground equipment on Tax ID 794-665-8176 shall be removed from the Property. (P)

8. Within twenty months (20) months from the date of zoning approval of Case No. 07SN0292 manufactured home park use shall cease. (P)

In Dale Magisterial District, HILL DEVELOPMENT ASSOCIATES, LTD requests rezoning and amendment of zoning district map from Agricultural (A) to Residential (R-12) with Conditional Use Planned Development to allow exceptions to Ordinance requirements. 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 73.8 acres fronting in two (2) places for approximately 300 feet on the south line of Kingsland Road approximately 200 feet west of Pine Glade Lane, also fronting approximately 270 feet on the north line of Route 288 approximately 2,700 feet east of Salem Church Road. Tax IDs 780-670-6772 and 780-671-1301, 2751 and 8852.

Ms. Darla Orr provided a summary of Case 05SN0310 and stated the Planning Commission and staff recommended approval and acceptance of the proffered conditions.

Mr. Brennen Keene, the applicant's representative, provided a brief overview of Case 05SN0310 and stated the recommendation was acceptable.

Ms. Dottie Dodd, a Treemont Subdivision resident, spoke in opposition to the request. She stated Kingsland Road is dangerous and needs to be upgraded to handle additional traffic. She further stated development of the subject property would cause drainage issues on her property.

Ms. Edith Burns, a resident of Chester Forest Lane, spoke in opposition to the development. She stated other developments already approved will add to the amount of traffic along Kingsland Road and Chester Forest Lane.

Ms. Louise Adkins expressed concerns relating to increased traffic on Kingsland Road.

Ms. Virginia Massengale, a resident of Kingsland Road, spoke in opposition to the request due to traffic safety concerns.

Mr. Alan Massengale, spoke in opposition to the request due to drainage and traffic concerns. He urged the Board to lower the number of houses permitted to be built.

Mr. Brick Ellsworth spoke in opposition to the request due to traffic safety concerns.

Mr. Sonny Currin, spoke in support of the request and stated this is infill development.

Mr. Keene stated this request is infill development that comes with challenges. He further stated there are a lot of existing conditions to be dealt with relating to stub road connectivity.

In response to Mr. Holland’s question, Mr. McCracken stated the Transportation Department will not support an access to Kingsland Road along the property frontage.

On motion of Mr. Holland, seconded by Mr. Warren, the Board approved Case 05SN0310 and accepted the following proffered conditions:

The Developer (the "Developer") in this zoning case, pursuant to §15.2-2298 of the Code of Virginia (1950 as amended) and the Zoning Ordinance of Chesterfield County, for himself and his successors or assigns, proffers that the development of the property known as Chesterfield County Tax Identification Numbers 780-670-6772, 780-671-8852, 780-671-2751, and 780-671-1301 (the "Property") under consideration will be developed according to the following conditions if, and only if, the rezoning request for R-12 with Conditional Use Planned Development is granted. In the event the request is denied or approved with conditions not agreed to by the Developer, the proffers and conditions shall immediately be null and void and of no further force or effect.

1. Master Plan. The Textual Statement, dated February 1, 2006 and revised through February 12, 2008, and Exhibit A, titled “Plat of Two Parcels of Land Containing 73.8 Acres Situated on Kingsland Road” prepared by Townes Site Engineering dated October 15, 2004 and revised April 25, 2005, shall be considered the Master Plan. (P)

2. Utilities. The public water and wastewater systems shall be used, except for model homes/sales offices not in permanent dwellings and/or construction offices. (U)

3. Cash Proffers. The Developer, subdivider, or assignee(s) shall pay the following to the County of Chesterfield prior to the issuance of a building permit for infrastructure improvements within the service district for the Property:

A. $15,600 per dwelling unit, if paid prior to July 1, 2007. At the time of payment, the $15,600 will be allocated pro-rata among the facility costs as follows: $5,331 for schools, $602 for parks and recreation, $348 for library facilities, $8,915 for roads, and $404 for fire stations.

B. Thereafter, such payment shall be the amount approved by the Board of Supervisors not to exceed $15,600 per dwelling unit adjusted upward by any increase in the Marshall and Swift Building Cost Index between July 1, 2006, and July 1 of the fiscal year in which the payment is made if paid after June 30, 2007.

Cash proffer payments shall be spent for the purposes proffered or as otherwise permitted by law. Should Chesterfield County impose impact fees at any time during the life of the development that are applicable to the Property, the amount paid in cash proffers shall be in lieu of or credited toward, but not in addition to, any impact fees, in a manner as determined by the County. (B&M)

4. 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)

5. Lot Area. A minimum of 12,000 square feet of each lot shall be exclusive of easements in excess of fifty (50) feet in width. Such required lot area shall be contiguous to and inclusive of the building envelope and located adjacent to the required street frontage. (P)

6. Dwelling Units. The minimum gross floor area for one story dwelling units shall be 1,700 square feet and dwelling units with more than one story shall have a minimum gross floor area of 1,800 square feet. (BI)

7. Density. The maximum number of dwelling units developed on the Property shall be one-hundred fifteen (115). (P)

Chesterfield Officials

BOARD OF SUPERVISORS

MINUTES

May 28, 2008