Chesterfield Officials

BOARD OF SUPERVISORS

MINUTES

May 26 , 2004

Mr. Miller called the regularly scheduled meeting to order at 3:33 p.m.

1. APPROVAL OF MINUTES FOR APRIL 28, 2004

On motion of Mrs. Humphrey, seconded by Mr. King, the Board approved the minutes of April 28, 2004, as submitted.

Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.

2. COUNTY ADMINISTRATOR'S COMMENTS

•  Mr. Eanes stated it is an honor to recognize the county's Fleet Maintenance Division for its environmental accomplishment of the E2 Certification for Environmental Excellence by the Virginia Department of Environmental Quality. He then introduced Mr. Robert Pratt, Fleet Manager.

Mr. Pratt expressed appreciation for the opportunity to participate in the certification program. He introduced Mr. Mark McCoy, Vehicle Maintenance Superintendent and Ms. Dawn Harper, Administrative Assistant, who were instrumental in achieving the certification.

Mr. Eanes introduced Mr. Tom Griffin, Outreach Coordinator, Office of Pollution Prevention, Department of Environmental Quality.

Mr. Griffin presented the E2 Certification for Environmental Excellence to Mr. Pratt, accompanied by Mr. McCoy and Ms. Harper, and commended the Fleet Maintenance Division on its superior environmental performance.

•  Mr. Miller introduced Mr. Harry Marsh who provided a Chesterfield home grown tomato to each of the Board members.

3. BOARD COMMITTEE REPORTS

There were no Board Committee Reports at this time.

4. REQUESTS TO POSTPONE ACTION, ADDITIONS, OR CHANGES IN THE ORDER OF PRESENTATION

On motion of Mr. Barber, seconded by Mr. King, the Board added Item 8., Set Public Hearing Date to Consider Amendments to County and School Budgets; added Item 8.A.1.g., Adoption of Resolution Recognizing Mr. Stephen Nicholas Richey Upon Attaining the Rank of Eagle Scout; added Item 8.A.1.h., Adoption of Resolution Recognizing Mr. Robert E. Taylor, City Manager, City of Colonial Heights, Upon His Retirement; added Item 8.A.1.i., Adoption of Resolution Recognizing the Bon Air-Manchester-Midlothian Lion's Club for Outstanding Community Service; added Item 8.A.3.e., Award of Construction Contract to Manning Construction, Incorporated for the Chester House; replaced Item 14.F., Resolution Recognizing Boy Scouts Upon Attaining the Rank of Eagle Scout; and adopted the Agenda, as amended.

Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.

5. RESOLUTIONS AND SPECIAL RECOGNITIONS

5.A. HONORING THOSE WHO HAVE SERVED AND ARE SERVING IN THE UNITED STATES MILITARY

5.A.1. COLONEL JESSE J. MAYES

Mr. Kappel introduced Colonel Jesse Mayes who was present to receive the resolution.

On motion of the Board, the following resolution was adopted:

WHEREAS, Chesterfield County is committed to honoring and supporting the men and women who currently serve in the U. S. military; and

WHEREAS, Chesterfield County is also dedicated to honoring those who have served our nation honorably in the past as members of the U. S. military; and

WHEREAS, Lieutenant Colonel Jesse J. Mayes retired from the United States Army on November 30, 1964 after serving his country honorably and with distinction for 22 years; and

WHEREAS, Mr. Baxter Perkinson, Sr., is a Chesterfield County resident and World War II veteran of “the Battle of the Bulge”; and

WHEREAS, in 1983, Mr. Perkinson was also chairman of the Citizenship and Patriotism Committee of the South Chesterfield Ruritan Club, as well as past-president of that organization; and

WHEREAS, Mr. Perkinson had planned a July 4 th ceremony in 1983 at the county's Historic 1917 Courthouse; and

WHEREAS, Mr. Perkinson sought the approval of the Matoaca District Supervisor, Jesse J. Mayes; and

WHEREAS, Colonel Mayes was very supportive of Mr. Perkinson's plans to honor our nation's veterans with this 4 th of July ceremony; and

WHEREAS, Colonel Mayes obtained the support of the Chesterfield County Board of Supervisors for this patriotic event; and

WHEREAS, this 1983 ceremony has grown into an annual event that draws visitors and veterans' organizations from throughout the region; and

WHEREAS, it is right to give our nation's veterans this well-earned respect and remembrance.

NOW, THEREFORE, BE IT RESOLVED, that the Chesterfield County Board of Supervisors, this 26 th day of May 2004, publicly recognizes Lieutenant Colonel Jesse J. Mayes, U. S. Army, (Retired) and extends appreciation for his military service, as well as for his support for our nation's veterans, including those from Chesterfield County; expresses gratitude for the innumerable other contributions he has made to the safety and quality of life of our county while serving on the Board of Supervisors; and wishes him continued health, happiness and success.

Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.

Mr. Miller presented the executed resolution to Colonel Mayes and expressed appreciation for his support of veterans across the nation and his own military service, as well as his service as a member of the Board of Supervisors.

Colonel Mayes expressed appreciation to the Board for the recognition.

5.A.2. THE HONORABLE ERNEST P. GATES, SR. (RETIRED)

Mr. Kappel introduced The Honorable Ernest P. Gates, Sr., who was present to receive the resolution.

On motion of the Board, the following resolution was adopted:

WHEREAS, Chesterfield County is committed to honoring and supporting the men and women who currently serve in the U. S. military; and

WHEREAS, Chesterfield County is also dedicated to honoring those who have served our nation honorably in the past as members of the U. S. military; and

WHEREAS, The Honorable Judge Ernest P. Gates, Sr., Retired Judge, Twelfth Circuit Court, served honorably with the United States Navy during World War II; and

WHEREAS, then Ensign Gates was wounded in a kamikaze attack on his ship during the battle for Okinawa; and

WHEREAS, he was awarded the Purple Heart in recognition of the wounds he suffered while serving his country; and

WHEREAS, Mr. Baxter Perkinson, Sr., is a Chesterfield County resident and World War II veteran of “the Battle of the Bulge”; and

WHEREAS, in 1983, Mr. Perkinson was also chairman of the Citizenship and Patriotism Committee of the South Chesterfield Ruritan Club, as well as past-president of that organization; and

WHEREAS, Mr. Perkinson had planned a July 4 th ceremony in 1983 at the county's Historic 1917 Courthouse; and

WHEREAS, Mr. Perkinson sought the approval of the Honorable Judge Ernest P., Gates, Sr., Circuit Court Judge, to use the courthouse for the ceremony in the event of inclement weather; and

WHEREAS, Judge Gates was very supportive of Mr. Perkinson's plans to honor our nation's veterans with this 4 th of July ceremony; and

WHEREAS, Judge Gates also suggested that a Veterans Memorial Wall be constructed at the site of the historic courthouse to honor all military veterans, especially those who were residents of Chesterfield County; and

WHEREAS, this 1983 ceremony has grown into an annual event that draws visitors and veterans' organizations from throughout the region; and

WHEREAS, it is right to give our nation's veterans this well-earned respect and remembrance.

NOW, THEREFORE, BE IT RESOLVED, that the Chesterfield County Board of Supervisors, this 26 th day of May 2004, publicly recognizes retired Judge Ernest P. Gates, Sr., and extends appreciation for his military service and personal sacrifice, as well as for his support for our nation's veterans, including those from Chesterfield County; expresses gratitude for the innumerable other contributions he has made to the safety and quality of life of our county while serving on the bench; and wishes him continued success and happiness in his retirement.

Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.

Mr. Miller presented the executed resolution to Judge Gates and commended him on his support of our nation's veterans and his own military service, as well as the many contributions he made to Chesterfield County during his service as Circuit Court Judge.

Judge Gates expressed appreciation to the Board for the recognition and also for its support of armed forces.

5.A.3. MR. BAXTER PERKINSON, SR.

Mr. Kappel introduced Mr. Baxter Perkinson, Sr., who was present to receive the resolution.

On motion of the Board, the following resolution was adopted:

WHEREAS, Chesterfield County is committed to honoring and supporting the men and women who currently serve in the U. S. military; and

WHEREAS, Chesterfield County is also dedicated to honoring those who have served our nation honorably in the past as members of the U. S. military; and

WHEREAS, Mr. Baxter Perkinson, Sr., is a Chesterfield County resident and World War II veteran of the famous “Battle of the Bulge”; and

WHEREAS, in 1983, Mr. Perkinson was also chairman of the Citizenship and Patriotism Committee of the South Chesterfield Ruritan Club, as well as past-president of that organization; and

WHEREAS, Mr. Perkinson had planned a July 4 th ceremony in 1983 at the county's Historic 1917 Courthouse; and

WHEREAS, Mr. Perkinson sought permission from Judge Ernest P. Gates, Sr., Twelfth Judicial Circuit, to use the site of the Historic 1917 Courthouse for the ceremony; and

WHEREAS, Mr. Perkinson also sought the approval of the Matoaca District Supervisor, Lieutenant Colonel Jesse J. Mayes, U. S. Army (Retired); and

WHEREAS, both Judge Gates and Colonel Mayes were very supportive of Mr. Perkinson's plans to honor our nation's veterans with this 4 th of July ceremony; and

WHEREAS, this 1983 ceremony has grown into an annual event that draws visitors and veterans' organizations from throughout the region; and

WHEREAS, it is right to give our nation's veterans this well-earned respect and remembrance.

NOW, THEREFORE, BE IT RESOLVED, that the Chesterfield County Board of Supervisors, this 26 th day of May 2004, publicly recognizes Mr. Baxter Perkinson, Sr. for his patriotism, extends appreciation for his military service, as well as for his support for our nation's veterans, especially those from Chesterfield County; expresses gratitude for the innumerable other contributions he has made to the county through his untiring efforts on behalf of our nation's veterans, and wishes him continued health, happiness and success.

Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.

Mr. Miller presented the executed resolution to Mr. Perkinson and commended him on his military service and support of all veterans, especially those from Chesterfield County.

Mr. Perkinson expressed appreciation to the Board for their support.

5.D. RECOGNIZING MASTER OFFICER HUGH H. DICKERSON, III, POLICE DEPARTMENT, UPON HIS RETIREMENT

Colonel Baker introduced Mr. Hugh Dickerson who was present to receive the resolution.

On motion of the Board, the following resolution was adopted:

WHEREAS, Master Police Officer Hugh H. “Dickie” Dickerson will retire from the Chesterfield County Police Department on June 1, 2004, after providing 31 years of quality service to the citizens of Chesterfield County; and

WHEREAS, Officer Dickerson has faithfully served the county in the capacity of Deputy Sheriff, Patrol Officer, Investigator, Senior Police Officer and Master Police Officer; and

WHEREAS, Officer Dickerson has served in specialized units during his tenure with the Police Department that include K-9 Officer for Patrol Division and VICE unit, SWAT team member, and Traffic Accident Reduction Team member; and

WHEREAS, Officer Dickerson received a Certificate of Commendation for distinguished and exceptional performance of duty during the investigation of breaking and entering, larceny, auto larceny and vandalism cases; and because of his patience and devotion to duty, those responsible were apprehended and charged with twenty-one crimes, which resulted in forty-two cases being cleared; and

WHEREAS, Officer Dickerson received the Meritorious Service award for his actions during an attempted suicide in October 1991 when his personal bravery and self sacrifice saved the life of an individual who was very despondent, suicidal and armed with a shotgun; and

WHEREAS, Officer Dickerson received a Certificate of Commendation for his actions on December 18, 2003, when he responded to a residence where an intoxicated and depressed individual became irate and irrational; and during the course of the ordeal, Officer Dickerson had to wrestle two shotguns away from the individual on two separate occasions, being threatened with the shotgun during one of the incidents, while maintaining control of a potentially volatile situation, displaying bravery and bringing it to a safe conclusion; and

WHEREAS, Officer Dickerson has received numerous letters of thanks and appreciation for service rendered from the citizens of Chesterfield County; and

WHEREAS, Officer Dickerson 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 Dickerson's diligent service.

NOW, THEREFORE, BE IT RESOLVED, that the Chesterfield County Board of Supervisors, this 26 th day of May 2004, publicly recognizes Master Police Officer Hugh H. “Dickie” Dickerson, 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 Officer Dickerson, and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County.

Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.

Mr. Miller presented the executed resolution and a Jefferson Cup to Mr. Dickerson, accompanied by Colonel Baker, expressed appreciation for his dedicated service and congratulated him upon his retirement.

Mr. Dickerson expressed appreciation to the Board for its support of public safety in Chesterfield County.

5.B. RECOGNIZING MR. DAVID WITT, AN EXTRAORDINARY VIRGINIA SPECIAL OLYMPICS ATHLETE

Sheriff Williams introduced Mr. David Witt and Mr. Rick Jeffries, President of Special Olympics for 2004.

Mr. Jeffries stated it is an honor for a person with mental disabilities to be recognized by the community in which he lives. He expressed appreciation to the Board for recognizing David's accomplishments.

On motion of the Board, the following resolution was adopted:

WHEREAS, Mr. David Witt has been a resident of Chesterfield County since 1985 and attends L.C. Bird High School; and

WHEREAS, Mr. Witt has been an active and devoted participant of Special Olympics Virginia for 11 years; and

WHEREAS, Mr. Witt has demonstrated his willingness to take on new challenges through his participation in various sports to include bowling, softball, soccer, basketball and speed skating; and

WHEREAS, Mr. Witt has an unwavering commitment to Special Olympics Virginia, having never missed a bowling season since he joined the team in 1993; and

WHEREAS, Mr. Witt was selected to travel to Ireland to represent Special Olympics Virginia and Chesterfield County; and

WHEREAS, Mr. Witt won two gold medals at the Special Olympics games in Ireland for speed skating in the 30-meter straight and 30-meter slalom competitions; and

WHEREAS, Mr. Witt's dedication to and representation of Special Olympics Virginia as well as Chesterfield County is an example to all who know him.

NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors, this 26 th day of May 2004, publicly recognizes Mr. David Witt for his faithful participation in and dedication to Special Olympics and his representation of Special Olympics Virginia and Chesterfield County.

Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.

Mr. Warren presented the executed resolution to Mr. Witt, accompanied by his mother Ms. Carol Estes, Sheriff Williams, and Mr. Jeffries, and commended him on his dedication to Special Olympics as well as his excellent representation of Chesterfield County.

Mr. Witt told about his experience in Ireland.

Ms. Estes expressed appreciation to the Board, Sheriff Williams, and Mr. Jeffries for the support they provide to Special Olympics athletes.

Sheriff Williams requested the support of everyone for the Law Enforcement Torch Run that benefits Special Olympics.

5. C. RECOGNIZING CJW MEDICAL CENTER AND ROBIOUS SPORTS AND FITNESS FOR A DONATION OF PHYSICAL FITNESS EQUIPMENT TO THE DEPARTMENT OF FIRE AND EMERGENCY MEDICAL SERVICES

Chief Elswick introduced Mr. Rick Morrow and Mr. Ward Hamilton, who were present to receive the resolutions on behalf of CJW Medical Center and Robious Sports and Fitness.

On motion of the Board, the following resolution was adopted:

WHEREAS, CJW Medical Center and Robious Sports and Fitness provided a generous donation which was used by the Chesterfield County Department of Fire and Emergency Medical Services toward the improvement of firefighter physical conditioning; and

WHEREAS, the donation will aid in the enhancement of our firefighters' ability to perform their mission through better strength and conditioning; and

WHEREAS, CJW Medical Center and Robious Sports and Fitness have aided and improved fire and emergency medical services through enhanced conditioning of our firefighters; and

WHEREAS, through the cooperative efforts of Mrs. Margaret Lewis and Mr. Ward Hamilton, the spirit of community/private partnerships has provided the department with increased capabilities to improve physical fitness of our firefighters; and

WHEREAS, Chesterfield County greatly appreciates this donation and is looking forward to continuing a strong relationship with CJW Medical Center and Robious Sports and Fitness.

NOW, THEREFORE, BE IT RESOLVED, that the Chesterfield County Board of Supervisors, this 26th day of May 2004, publicly recognizes CJW Medical Center and Robious Sports and Fitness and expresses appreciation for their generous contribution toward firefighter fitness.

AND, BE IT FURTHER RESOLVED, that a copy of this resolution be presented to CJW Medical Center and Robious Sports and Fitness and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia.

Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.

Mr. Barber presented the executed resolutions to Mr. Morrow and Mr. Hamilton and expressed appreciation for the generous donation to support Chesterfield County firefighters as well as CJW's continuous generosity in the community.

Mr. Morrow expressed appreciation to the Board, on behalf of CJW Medical Center, for the opportunity to partner with the county.

Mr. Hamilton expressed appreciation to the Board, on behalf of Robious Sports and Fitness, for the extraordinary training provided to firefighters and emergency response personnel to protect our community.

Mrs. Humphrey excused herself from the meeting.

5.E. RECOGNIZING DEFENSE SUPPLY CENTER RICHMOND (DSCR) FOR ITS CONTRIBUTION TO CHESTERFIELD COUNTY BY NAMING IT THE LARGE BUSINESS OF THE YEAR FOR 2004

Ms. McClintic introduced Mr. Charles Carrell who was present to receive the resolution.

On motion of the Board, the following resolution was adopted:

WHEREAS, the Chesterfield County Board of Supervisors established a Business Appreciation and Recognition Award to recognize existing businesses within the county that contribute to the county's economy and its citizens; and

WHEREAS, Defense Supply Center Richmond (DSCR) occupies over 600 acres along the I-95 corridor in southern Chesterfield County and employs approximately 3,000 employees; and

WHEREAS, DSCR has been a consistent, dependable supplier of quality goods and services to those defending the nation around the world since it was activated in 1942; and

WHEREAS, in 1996, DSCR was designated as the lead center for aviation consumable support within the Department of Defense, and the primary source of supply for nearly 850,000 repair parts with direct application to aviation; and

WHEREAS, the center receives about 8,000 demands a day, or about a quarter of a million demands a month from all corners of the world; and

WHEREAS, the installation is the recipient of numerous citations and certificates for its community service; and

WHEREAS, DSCR supports Virginia Blood Services and participates in one of the largest school partnerships in the Richmond metropolitan area, and its employees volunteer in a variety of school programs and donated a record $262,000 to the Combined Federal Campaign in 2003.

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

Ayes: Miller, Barber, King and Warren.
Nays: None.
Absent: Humphrey.

Mr. King presented the executed resolution and an engraved plate to Mr. Carrell, commended Defense Supply Center Richmond for its many contributions to the county, and congratulated them for being the 2004 Large Business recipient of the Chesterfield County Business Appreciation and Recognition Award.

Mr. Carrell expressed appreciation to the Board for the recognition and stated Chesterfield County is a great place to live and work.

Mrs. Humphrey returned to the meeting.

5.F. RECOGNIZING THE DUPONT SPRUANCE SITE FOR ITS CONTRIBUTION TO CHESTERFIELD COUNTY BY NAMING IT THE CHESTERFIELD COUNTY LARGE BUSINESS OF THE YEAR FOR 2004

Ms. McClintic introduced Ms. Linda Derr and Mr. Bill Harrison who were present to receive the resolution.

On motion of the Board, the following resolution was adopted:

WHEREAS, the Chesterfield County Board of Supervisors established a Business Appreciation and Recognition Award to recognize existing businesses within the county that contribute to the county's economy and its citizens; and

WHEREAS, DuPont Spruance was built on a 500-acre parcel in 1929, and today employs 2,600 employees; and

WHEREAS, DuPont recently celebrated its 200 th birthday; and

WHEREAS, the Spruance plant belongs to the worldwide family of plants that manufactures and produces products from chemicals for every possible use imaginable; and

WHEREAS, during the past ten years, DuPont has spent over $550 million to expand and modernize the Spruance business assets; and

WHEREAS, in May 2001, DuPont announced a $50 million capital investment to increase production of Kevlar® fiber at the Spruance site; and

WHEREAS, DuPont sponsors many community causes and encourages its employees to volunteer in community activities; and

WHEREAS, DuPont Spruance employees volunteer in a wide variety of civic groups, athletic teams, rescue squads and volunteer fire departments.

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

Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.

Mr. King presented the executed resolution and an engraved plate to Ms. Derr, accompanied by Mr. Harrison, commended DuPont Spruance for its many contributions to the county, and congratulated them for being the 2004 Large Business recipient of the Chesterfield County Business Appreciation and Recognition Award.

Ms. Derr expressed appreciation to the Board for the recognition and stated the Spruance site has enjoyed a 75-year presence in the community.

5.G. RECOGNIZING CITY ICE FOR ITS CONTRIBUTION TO CHESTERFIELD COUNTY BY NAMING IT THE CHESTERFIELD COUNTY SMALL BUSINESS OF THE YEAR FOR 2004

Ms. McClintic introduced Mr. Mark Resnick, Mrs. Peg Resnick, Mr. James Faber, Ms. Jena Dalton, Mr. Phillip Lilly, Mr. Benny Saunders and Mr. Antonio Pullium, who were present to receive the resolution.

On motion of the Board, the following resolution was adopted:

WHEREAS, the Chesterfield County Board of Supervisors established a Business Appreciation and Recognition Award to recognize existing businesses within the county that contribute to the county's economy and its citizens; and

WHEREAS, City Ice, which is located at 13600 Permilla Springs Drive in Chester, employs 19 full-time employees; and

WHEREAS, the small, independent company produces tube ice, which is round with a hole in the center, and was the first to manufacture round ice in this area, establishing the “Ice Rounds” brand; and

WHEREAS, in 1999, the company was the first in the industry to design an eight-color process print package with a handle, a pull strip to remove the handle, a zip-lock closure, and a heat-sealed bottom; and

WHEREAS, City Ice has enjoyed double-digit growth in a very competitive industry; and

WHEREAS, during Hurricane Isabel, City Ice staff worked 14 to 18-hour days to serve the community and the Federal Emergency Management Agency; and Mark Resnick and the employees of City Ice provided the Emergency Operations Center with over 40 tons of ice for distribution to the citizens of Chesterfield County.

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

Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.

Mr. King presented the executed resolution and an engraved plate to Mr. And Mrs. Resnick, accompanied by fellow employees, commended City Ice for its extraordinary contributions to the community following Hurricane Isabel, and congratulated them for being the 2004 Small Business recipient of the Chesterfield County Business Appreciation and Recognition Award.

Mr. Resnick expressed appreciation to the Board for the recognition.

5.H. RECOGNIZING MAY 22–28, 2004, AS “SAFE BOATING WEEK” IN CHESTERFIELD COUNTY

Mr. Kappel introduced Mr. Don Thomas, Flotilla Commander for Flotilla 38, and Mr. Kemp Davis, Vice Flotilla Commander, who were present to receive the resolution.

On motion of the Board, the following resolution was adopted:

WHEREAS, recreational boating is fun and enjoyable, and we are fortunate to have resources to accommodate a wide variety of pleasure boating demands; and

WHEREAS, our waterways can become crowded at times, and although boating is a marvelous source of recreation, to the unprepared, it can be a risky sport; and

WHEREAS, on average, 700 people die each year in boating-related accidents in the United States and nearly 70 percent of these are fatalities caused by drowning; and

WHEREAS, the vast majority of these accidents are caused by human error or poor judgment and not by the boat, equipment, or environmental factors; and

WHEREAS, a significant number of boaters who lose their lives by drowning each year would be alive today had they worn their life jackets; and

WHEREAS, modern life jackets are more comfortable, more attractive, and more wearable than styles of years past and deserve a fresh look by today's boating public.

NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors, this 26 th day of May 2004, publicly recognizes May 22 – 28, 2004, as “Safe Boating Week” in Chesterfield County, urges all citizens to “Boat Smart, Boat Safe, Wear It” and practice safe boating habits, and encourages boaters to have their vessels examined for safety by the United States Coast Guard Auxiliary, free of charge, during Vessel Safety Megaweeks - May 22 – July 4, 2004.

Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.

Mrs. Humphrey presented the executed resolution to Commander Thomas, accompanied by Mr. Davis, and urged all boaters in Chesterfield County to practice safe boating habits.

Commander Thomas urged residents to wear floatation devices when boating.

6. WORK SESSIONS

There were no work sessions at this time.

7. DEFERRED ITEMS

There were no deferred items at this time.

8. NEW BUSINESS

Mr. Ramsey announced that a study by American City Business Journals, Incorporated indicates that of all the 3,141 counties and independent cities across the United States, Chesterfield County offers the nation's 17th best quality of life.

O SET PUBLIC HEARING DATE TO CONSIDER AMENDMENTS TO COUNTY AND SCHOOL BOARD BUDGETS

Mr. Ramsey stated actions taken by the General Assembly following the Board's adoption of the county's FY2005 budget has resulted in additional revenues. He further stated recommendations have been made for using the revenues to address critical issues. He introduced Ms. Kitchen to review School issues and recommendations.

Ms. Kitchen reviewed FY2005 additional revenue for schools. She also reviewed recommended expenditures for schools, noting that the additional revenue will allow schools to fund a four percent salary increase for all employees with targeted adjustments of five and seven percent for selected teachers, as well as reduce the pupil-teacher-ratio by .5.

Ms. Dickson reviewed FY2005 additional county revenue and recommended expenditures, including increased merit increase from 2.5 percent to four percent for FY2005; debt service for a potential transportation package; purchasing voting machines; Police Grant expenses; reserve for health care costs for FY2006; and funding for one Adult Protective Services Worker.

There was brief discussion relative to the recommended transportation package funding.

Mr. Barber thanked Dr. Cannaday and Dr. Schroeder for their efforts in directing the uses of the additional school revenue.

Dr. Schroeder stated the School Board is deeply appreciative of the Board's willingness to share revenue and its commitment to help each child in the county become educated.

Mrs. Humphrey expressed concerns relative to the Commonwealth's lengthy budget process and urged the School Board and taxpayers to contact the county's legislative delegation regarding this issue.

Dr. Cannaday expressed appreciation to the Board for its continued support of public education and for the wonderful relationship he enjoys with Mr. Ramsey.

Mr. Ramsey stated the excellent working relationship between the county and schools makes difficult issues much easier to deal with.

Mr. Miller stated the integrity of both Dr. Cannaday and Mr. Ramsey is demonstrated through their relationship with one another.

On motion of Mr. Barber, seconded by Mrs. Humphrey, the Board set the date of June 23, 2004 at 7:00 p.m. for a public hearing to consider amendments to the FY2005 county and school budgets and appropriation of funds.

Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.

8.A. CONSENT ITEMS

8.A.1. ADOPTION OF RESOLUTIONS

8.A.1.a. RECOGNIZING MR. RICHARD R. JOHNSON, COUNTY ADMINISTRATOR, HANOVER COUNTY, UPON HIS RETIREMENT

On motion of Mrs. Humphrey, seconded by Mr. King, the Board adopted the following resolution:

WHEREAS, Mr. Richard R. Johnson is a native of Suffolk, Virginia; and

WHEREAS, Mr. Johnson earned a Bachelor's degree in History and Political Science from Frederick College; and

WHEREAS, Mr. Johnson was a teacher at Churchland High School in Portsmouth, Virginia; and

WHEREAS, Mr. Johnson then became Director of Finance for the City of Suffolk, Virginia and served in that capacity from 1973-1980; and

WHEREAS, Mr. Johnson relocated with his family and became Director of Finance for Hanover County, Virginia from 1981-1987; and

WHEREAS, from 1987-1998 Mr. Johnson was Deputy County Administrator for the County of Hanover; and

WHEREAS, Mr. Johnson served as Acting County Administrator for Hanover County from 1990-1991 and from February-June 1998; and

WHEREAS, Mr. Johnson has been County Administrator of Hanover County, Virginia from June 1998 until the present; and

WHEREAS, Mr. Johnson has loaned his talents to many commissions and committees over the years, including the Middle Peninsula Juvenile Detention Commission; the Pamunkey Regional Jail Authority; the Hanover County Finance Committee; the Richmond Regional Planning District Commission; the Hanover/Ashland Liaison Committee; the Virginia Juvenile Justice and Delinquency Prevention Advisory Committee; the State Emergency Medical Services Advisory Board; the Greater Richmond Convention Center Authority and the Greater Richmond Partnership; and

WHEREAS, in several of these organizations, Mr. Johnson assumed leadership roles, such as serving as Chairman of the Greater Richmond Convention Center Authority; Chairman of the Pamunkey Regional Jail Authority and serving on the Board of Directors of the Greater Richmond Partnership; and

WHEREAS, throughout a distinguished career of public service, Mr. Johnson has served the people of Hanover County and the people of the Greater Metropolitan Richmond Area honorably, ably and with wisdom.

NOW, THEREFORE, BE IT RESOLVED, that the Chesterfield County Board of Supervisors hereby expresses its best wishes to Mr. Richard R. Johnson on the occasion of his retirement, and on behalf of all citizens of Chesterfield County, thanks him for his commitment, dedication and outstanding public service, which have contributed significantly to the outstanding quality of life offered in the region; and wishes him a long and happy retirement where he may enjoy more time with his wife, Debbie and children, Thomas and Elizabeth.

Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.

8.A.1.b. RECOGNIZING CAPTAIN MICHAEL C. BRIGATI, CHESTERFIELD FIRE AND EMERGENCY MEDICAL SERVICES DEPARTMENT, UPON HIS RETIREMENT

On motion of Mrs. Humphrey, seconded by Mr. King, the Board adopted the following resolution:

WHEREAS, Captain Michael C. Brigati will retire from the Chesterfield County Fire and Emergency Medical Services Department on May 31, 2004; and

WHEREAS, Captain Brigati attended Recruit School #12 in 1981 and has faithfully served the county for nearly twenty-five years in various assignments as a Firefighter at the Bon Air Fire and Dutch Gap Fire Stations; as a Sergeant at the Clover Hill and Ettrick Fire Stations; as a Lieutenant at the Ettrick and Dutch Gap Fire Stations; and as a Captain in numerous staff assignments in both the Training and Safety Division and the Emergency Operations Division; and

WHEREAS, Captain Brigati helped prepare the organization to develop its future leaders through his work to revise the Officer Development Program Level I, for firefighters who aspire to be lieutenants; and

WHEREAS, Captain Brigati was a driving force behind the development of the Officer Development Level II Program for officers who aspire to captain and chief officer positions in the organization, a program that further enhanced the organization's ability to develop future leaders; and

WHEREAS, Captain Brigati was a key figure in the development of the first Joint Metro Officers School involving Chesterfield and Henrico counties and the City of Richmond Fire Departments, a venture that was the genesis for Chesterfield Fire an Emergency Medical Services' own annual First-line Supervisors School; and

WHEREAS, Captain Brigati was a key figure in the creation of the Critical Incident Stress Management Team, a joint venture between Chesterfield Fire and Emergency Medical Services and the county's Mental Health Department dedicated to helping fire and EMS personnel manage the psychological stresses associated with the delivery of emergency services; and

WHEREAS, Captain Brigati was a member of the SCUBA Rescue Team and served with that specialty team for twenty-two years; and

WHEREAS, Captain Brigati was recognized in the course of his career with two EMS Life Save awards, and participated in fire ground operations at the former Park Lee Apartments on April 12, 1997 that saved the lives of several young people, resulting in a Unit Citation.

Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.

8.A.1.c. RECOGNIZING GIRL SCOUTS UPON ATTAINING THE GOLD AWARD

8.A.1.c.1. TAMMARA KENDRA GORE

On motion of Mrs. Humphrey, seconded by Mr. King, the Board adopted the following resolution:

WHEREAS, the Girl Scouts of the United States of America is an organization serving over 2.6 million girls and was founded to promote citizenship training and personal development; and

WHEREAS, after earning four interest project patches, the Career Exploration Pin, the Senior Girl Scout Leadership Award, the Senior Girl Scout Challenge, and designing and implementing a Girl Scout Gold Award project; and

WHEREAS, the Gold Award is the highest achievement award in Girl Scouting and symbolizes outstanding accomplishments in the areas of leadership, community service, career planning, and personal development; and

WHEREAS, the Girl Scout Award can only be earned by girls aged 14-17 or in grades 9-12 and is received by less than six percent of those individuals entering the Girl Scouting movement; and

WHEREAS, Miss Tammara Kendra Gore, Troop 927, sponsored by Grace Lutheran Church, has accomplished these high standards and has been honored with the Girl Scouts of America Gold Award by the Commonwealth Girl Scout Council of Virginia; and

WHEREAS, growing through her experiences in Girl Scouting, learning the lessons of responsible citizenship, and priding herself on the great accomplishments of her country, Tammara is indeed a member of a new generation of prepared young citizens of whom we can all be very proud.

Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.

8.A.1.c.2. CRISTEN ELIZABETH GROSECLOSE

On motion of Mrs. Humphrey, seconded by Mr. King, the Board adopted the following resolution:

WHEREAS, the Girl Scouts of the United States of America is an organization serving over 2.6 million girls and was founded to promote citizenship training and personal development; and

WHEREAS, after earning four interest project patches, the Career Exploration Pin, the Senior Girl Scout Leadership Award, the Senior Girl Scout Challenge, and designing and implementing a Girl Scout Gold Award project; and

WHEREAS, the Gold Award is the highest achievement award in Girl Scouting and symbolizes outstanding accomplishments in the areas of leadership, community service, career planning, and personal development; and

WHEREAS, the Girl Scout Award can only be earned by girls aged 14-17 or in grades 9-12 and is received by less than six percent of those individuals entering the Girl Scouting movement; and

WHEREAS, Miss Cristen Elizabeth Groseclose, Troop 927, sponsored by Grace Lutheran Church, has accomplished these high standards and has been honored with the Girl Scouts of America Gold Award by the Commonwealth Girl Scout Council of Virginia; and

WHEREAS, growing through her experiences in Girl Scouting, learning the lessons of responsible citizenship, and priding herself on the great accomplishments of her country, Cristen is indeed a member of a new generation of prepared young citizens of whom we can all be very proud.

Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.

8.A.1.c.3. BETHANY LAURA TRIM

On motion of Mrs. Humphrey, seconded by Mr. King, the Board adopted the following resolution:

WHEREAS, the Girl Scouts of the United States of America is an organization serving over 2.6 million girls and was founded to promote citizenship training and personal development; and

WHEREAS, after earning four interest project patches, the Career Exploration Pin, the Senior Girl Scout Leadership Award, the Senior Girl Scout Challenge, and designing and implementing a Girl Scout Gold Award project; and

WHEREAS, the Gold Award is the highest achievement award in Girl Scouting and symbolizes outstanding accomplishments in the areas of leadership, community service, career planning, and personal development; and

WHEREAS, the Girl Scout Award can only be earned by girls aged 14-17 or in grades 9-12 and is received by less than six percent of those individuals entering the Girl Scouting movement; and

WHEREAS, Miss Bethany Laura Trim, Troop 927, sponsored by Grace Lutheran Church, has accomplished these high standards and has been honored with the Girl Scouts of America Gold Award by the Commonwealth Girl Scout Council of Virginia; and

WHEREAS, growing through her experiences in Girl Scouting, learning the lessons of responsible citizenship, and priding herself on the great accomplishments of her country, Bethany is indeed a member of a new generation of prepared young citizens of whom we can all be very proud.

Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.

8.A.1.c.4. REBECCA LYN PARKER

On motion of Mrs. Humphrey, seconded by Mr. King, the Board adopted the following resolution:

WHEREAS, the Girl Scouts of the United States of America is an organization serving over 2.6 million girls and was founded to promote citizenship training and personal development; and

WHEREAS, after earning four interest project patches, the Career Exploration Pin, the Senior Girl Scout Leadership Award, the Senior Girl Scout Challenge, and designing and implementing a Girl Scout Gold Award project; and

WHEREAS, the Gold Award is the highest achievement award in Girl Scouting and symbolizes outstanding accomplishments in the areas of leadership, community service, career planning, and personal development; and

WHEREAS, the Girl Scout Award can only be earned by girls aged 14-17 or in grades 9-12 and is received by less than six percent of those individuals entering the Girl Scouting movement; and

WHEREAS, Miss Rebecca Lyn Parker, Troop 927, sponsored by Grace Lutheran Church, has accomplished these high standards and has been honored with the Girl Scouts of America Gold Award by the Commonwealth Girl Scout Council of Virginia; and

WHEREAS, growing through her experiences in Girl Scouting, learning the lessons of responsible citizenship, and priding herself on the great accomplishments of her country, Rebecca is indeed a member of a new generation of prepared young citizens of whom we can all be very proud.

Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.

8.A.1.c.5. SINDHU JUJJAVARAPU

On motion of Mrs. Humphrey, seconded by Mr. King, the Board adopted the following resolution:

WHEREAS, the Girl Scouts of the United States of America is an organization serving over 2.6 million girls and was founded to promote citizenship training and personal development; and

WHEREAS, after earning four interest project patches, the Career Exploration Pin, the Senior Girl Scout Leadership Award, the Senior Girl Scout Challenge, and designing and implementing a Girl Scout Gold Award project; and

WHEREAS, the Gold Award is the highest achievement award in Girl Scouting and symbolizes outstanding accomplishments in the areas of leadership, community service, career planning, and personal development; and

WHEREAS, the Girl Scout Award can only be earned by girls aged 14-17 or in grades 9-12 and is received by less than six percent of those individuals entering the Girl Scouting movement; and

WHEREAS, Miss Sindhu Jujjavarapu, Troop 927, sponsored by Grace Lutheran Church, has accomplished these high standards and has been honored with the Girl Scouts of America Gold Award by the Commonwealth Girl Scout Council of Virginia; and

WHEREAS, growing through her experiences in Girl Scouting, learning the lessons of responsible citizenship, and priding herself on the great accomplishments of her country, Sindhu is indeed a member of a new generation of prepared young citizens of whom we can all be very proud.

Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.

On motion of Mrs. Humphrey, seconded by Mr. King, the Board adopted the following resolution:

WHEREAS, Chesterfield County is committed to providing the youths of our community with every opportunity to succeed; and

WHEREAS, it is well recognized that there are some young people in our communities whose families are economically challenged; and

WHEREAS, in 1997, Tim and Daphne Reid, actors and owners of New Millennium Studios, formed the Tim Reid Scholarship Foundation; and

WHEREAS, this foundation was dedicated to creating “Universal understanding through education”; and

WHEREAS, in 2004, the foundation expanded to become the Virginia Scholarship and Youth Development Foundation; and

WHEREAS, the mission of the Virginia Scholarship and Youth Development Foundation is still to provide scholarships to underprivileged youths; and

WHEREAS, students at Chesterfield's own Virginia State University have benefited from scholarships provided through the foundation; and

WHEREAS, the foundation also reaches out to our young people at an even earlier age to provide developmental assistance, including mentorship and other important guidance tools; and

WHEREAS, these efforts are geared toward creating brighter futures for these young people; and

WHEREAS, an important component of the foundation's efforts is the annual Celebrity Weekend event, held this year May 13-15, which attracts more than 8,000 people annually and features many well known performers and other celebrities at an exciting weekend of golf, tennis, VIP receptions, youth festivals, celebrity galas and auctions, all to raise scholarship funds for deserving youths.

NOW, THEREFORE, BE IT RESOLVED, that the Chesterfield County Board of Supervisors hereby extends its congratulations and best wishes to Tim and Daphne Reid on the exemplary achievements of this worthwhile program, thanks them for their dedication to the betterment of our young peoples' futures, and wishes them continued success in these worthwhile and generous ventures.

Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.

8.A.1.e. RECOGNIZING MS. JOYCE BOYD, MENTAL HEALTH/MENTAL RETARDATION/SUBSTANCE ABUSE DEPARTMENT UPON HER RETIREMENT

On motion of Mrs. Humphrey, seconded by Mr. King, the Board adopted the following resolution:

WHEREAS, Ms. Joyce Boyd will retire on June 1, 2004 after seventeen years of dedicated and faithful service to Chesterfield; and

WHEREAS, Ms. Boyd began her career with the Chesterfield County Department of Mental Health, Mental Retardation, and Substance Abuse in June 1987 as a part time Word Processing Specialist and began full time in 1989; and

WHEREAS, Ms. Boyd served as Senior Office Assistant in the reception pods and other support positions and was the trainer for temporary administrative employees; and

WHEREAS, Ms. Boyd served on in-house committees such as the Health and Safety Committee and represented her department for many years as representative to the Chesterfield Employee Association; and

WHEREAS, Ms. Boyd used her administrative skills to the best of her ability to meet the needs of consumers and staff; and

WHEREAS, Ms. Boyd always displayed an enthusiastic, positive, caring attitude, and a willingness to accept new projects and responsibilities; and

WHEREAS, Ms. Boyd will be sorely missed for her ever-present smile and commitment to providing quality customer service to her co-workers and Chesterfield's citizens.

NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors recognizes the contributions of Ms. Joyce Boyd, extends its appreciation for her seventeen years of dedicated service to the county, and offers congratulations and best wishes for a long and happy retirement.

Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.

8.A.1.f. RECOGNIZING CAPTAIN D'S RESTAURANT ON ITS NEW LOCATION IN CHESTERFIELD COUNTY

On motion of Mrs. Humphrey, seconded by Mr. King, the Board adopted the following resolution:

WHEREAS, Chesterfield County is committed to being the first choice business community; and

WHEREAS, Chesterfield County recognizes that businesses provide Chesterfield County residents and visitors to the county with services they need and want; and

WHEREAS, businesses also provide Chesterfield County residents with employment opportunities; and

WHEREAS, Captain D's Seafood Restaurants have been operating successfully in several places throughout Chesterfield County for several years; and

WHEREAS, a new Captain D's restaurant is opening on Turner Road and Midlothian Turnpike; and

WHEREAS, this family-oriented restaurant will be opening at a site at which an adult video store had previously been attempting to open; and

WHEREAS, Captain D's is a business that is much better suited to this location, and is a business that the county welcomes and that our residents will patronize and enjoy; and

WHEREAS, the establishment of this business demonstrates that adhering to principles of proper planning can result in enhanced quality of life for our residents; and

WHEREAS, Chesterfield County wishes Captain D's much success at this latest Chesterfield County location.

NOW, THEREFORE, BE IT RESOLVED, that the Chesterfield County Board of Supervisors hereby congratulates Captain D's Seafood Restaurant on the opening of its newest Chesterfield County restaurant, welcomes the business to the Turner Road/Midlothian Turnpike location on behalf of Chesterfield County residents, and extends all best wishes to the restaurant's owners and operators for many years of success.

Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.

8.A.1.g. RECOGNIZING MR. STEPHEN NICHOLAS RICHEY UPON ATTAINING THE RANK OF EAGLE SCOUT

On motion of Mrs. Humphrey, seconded by Mr. King, the Board adopted the following resolution:

WHEREAS, the Boy Scouts of America was incorporated by Mr. William D. Boyce on February 8, 1910, and was chartered by Congress in 1916; and

WHEREAS, the Boy Scouts of America was founded to build character, provide citizenship training and promote physical fitness; and

WHEREAS, after 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 his community, being active in the troop, demonstrating Scout spirit, and living up to the Scout Oath and Law; and

WHEREAS, Mr. Stephen Nicholas Richey, Troop 876, sponsored by Mount Pisgah United Methodist Church, has accomplished those high standards of commitment and has reached the long-sought goal of Eagle Scout, which is earned by only four percent of those individuals entering the Scouting movement; and

WHEREAS, growing through his experiences in Scouting, learning the lessons of responsible citizenship, and endeavoring to prepare himself for a role as a leader in society, Nick 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, this 26th day of May 2004, recognizes Mr. Stephen Nicholas Richey, extends congratulations on his attainment of Eagle Scout, and acknowledges the good fortune of the County to have such an outstanding young man as one of its citizens.

Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.

8.A.1.h. RECOGNIZING MR. ROBERT E. TAYLOR, CITY MANAGER , CITY OF COLONIAL HEIGHTS, UPON HIS RETIREMENT

On motion of Mrs. Humphrey, seconded by Mr. King, the Board adopted the following resolution:

WHEREAS, Chesterfield County and the City of Colonial Heights share a common border and many common challenges; and

WHEREAS, Mr. Robert E. Taylor has served as city manager of Colonial Heights since June 4, 1984; and

WHEREAS, Mr. Taylor is the longest-tenured active city manager in the Commonwealth of Virginia; and

WHEREAS, under his leadership, Colonial Heights has grown and prospered; and

WHEREAS, during Mr. Taylor's tenure as city manager, the city's annual general fund budget increased from $10.5 million to $36 million; and

WHEREAS, the city's annual capital projects budget increased during this time from one-half million dollars to $3.5 million; and

WHEREAS, annual tax revenues increased from $6 million to more than $22 million; and

WHEREAS, Mr. Taylor was founding chairman of the Riverside Regional Jail Authority, served as chairman and vice-chairman of both the Central Virginia Waste Management Authority and the South Central Wastewater Authority, served as vice-chairman and secretary/treasurer of the Appomattox River Water Authority, served on the Executive Committee of the Virginia Local Government Management Association and was an active member of both the Colonial Heights Planning Commission and the Crater Planning District Commission; and

WHEREAS, Mr. Taylor has announced his retirement effective June 30, 2004; and

WHEREAS, it is appropriate to extend this Board's appreciation to Mr. Taylor for his distinguished public service of 20 years.

Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.

8.A.1.i. RECOGNIZING THE BON AIR-MANCHESTER-MIDLOTHIAN LIONS CLUB FOR OUTSTANDING COMMUNITY SERVICE

On motion of Mrs. Humphrey, seconded by Mr. King, the Board adopted the following resolution:

WHEREAS, the Manchester Lions Club was chartered on March 2, 1934; and

WHEREAS, the club's charter was to serve the needs of old Manchester, Oak Grove, Forest Hills and Westover Hills; and

WHEREAS, on October 13, 1972, the Bon Air-Midlothian Lions Club was chartered; and

WHEREAS, its charter was to serve the needs of Stratford Hills, Bon Air and Midlothian; and

WHEREAS, these two Lions Clubs merged on January 1, 2001, becoming the Bon Air-Manchester-Midlothian Lions Club; and

WHEREAS, the club serves all of the neighborhoods previously served by the separate clubs; and

WHEREAS, community service has ranged from providing milk for school students; operating the Christmas for the Needy program; supporting Bainbridge Community Ministries; providing college scholarships; sponsoring Kids Bike Safety classes and providing free eye examinations and eyeglasses for the needy; and

WHEREAS, service to the community is the hallmark of the Lion's Club organization.

NOW, THEREFORE, BE IT RESOLVED, that the Chesterfield County Board of Supervisors hereby expresses its gratitude, on behalf of all Chesterfield County residents, for the outstanding and long-tenured community service of the Bon Air-Manchester-Midlothian Lions Club and its earlier components, thanks the members for their selfless and civic-minded activities on behalf of the community, and wishes the Bon Air-Manchester-Midlothian Lions Club continued success in all its endeavors.

Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.

8.A.2. APPROPRIATION OF FUNDS

8.A.2.a. IN STATE REIMBURSEMENT FOR DRAINAGE IMPROVEMENTS AT GREENFIELD ELEMENTARY SCHOOL SOCCER COMPLEX

On motion of Mrs. Humphrey, seconded by Mr. King, the Board appropriated $150,000 in state reimbursement for installation of a drainage system and associated sitework at Greenfield Elementary School Soccer Complex.

Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.

8.A.2.b. IN BUILDING INSPECTION REVENUE TO COVER ADDITIONAL BUILDING INSPECTION EXPENSES

On motion of Mrs. Humphrey, seconded by Mr. King, the Board appropriated $468,300 in Building Inspection revenue to cover additional expenses in the Building Inspection Department.

Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.

8.A.2.c. IN REVENUE FOR THE DEPARTMENT OF HEALTH TO COVER ADDITIONAL EXPENSES

On motion of Mrs. Humphrey, seconded by Mr. King, the Board authorized the appropriation of $81,100 in refunds received by the Health Department from the state to cover additional expenses in the Health Department.

Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.

8.A.2.d. IN INFORMATION SYSTEMS TECHNOLOGY REVENUE TO COVER THE COST OF UPGRADING THE COUNTY'S TELEPHONE SYSTEM

On motion of Mrs. Humphrey, seconded by Mr. King, the Board appropriated $144,428 in Information Systems Technology revenue to cover the cost of upgrading the county's telephone system.

Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.

8.A.2.e. IN STATE WIRELESS 911 SERVICES BOARD FUNDS TO ADDRESS EQUIPMENT NEEDS RELATED TO THE COUNTY'S AUTOMATED 911 SYSTEM

On motion of Mrs. Humphrey, seconded by Mr. King, the Board appropriated $79,200 in state wireless 911 funds to address equipment needs related to the county's automated 911 system.

Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.

8.A.2.f. IN STATE COMPENSATION BOARD FUNDS TO ADDRESS EQUIPMENT NEEDS IN THE COMMONWEALTH ATTORNEY'S OFFICE

On motion of Mrs. Humphrey, seconded by Mr. King, the Board appropriated $23,691 in state Compensation Board funds to address equipment needs in the Commonwealth Attorney's office.

Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.

8.A.2.g. AUTHORIZATION TO ENTER INTO AGREEMENTS AND AUTHORIZATION TO AWARD CONSTRUCTION CONTRACT FOR NASH ROAD AT BEACH ROAD RIGHT TURN LANE IMPROVEMENT PROJECT

On motion of Mrs. Humphrey, seconded by Mr. King, the Board appropriated $59,519 in cash proffers from Traffic Shed 17 for the construction of a right turn lane on Nash Road at Beach Road, and authorized the County Administrator to enter into the necessary Virginia Department of Transportation/county/consultant/contractor, design, right-of-way acquisition and/or construction agreements, acceptable to the County Attorney, for the project.

And, further, the Board authorized the County Administrator to award a construction contract, up to $57,000, to the lowest responsible bidder.

Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.

8.A.2.h. IN EXCESS FY2004 PLANNING DEPARTMENT FEE REVENUE TO OFFSET PLANNING DEPARTMENT EXPENSES

On motion of Mrs. Humphrey, seconded by Mr. King, the Board appropriated up to $100,000 in excess FY2004 Planning Department fee revenue to offset Planning Department expenses.

Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.

8.A.3. AWARD OF CONSTRUCTION CONTRACTS

8.A.3.a. TO SHELTON CORPORATION FOR HORNER PARK, PHASE I, MOUNT HERMAN ROAD EXTENDED

On motion of Mrs. Humphrey, seconded by Mr. King, the Board authorized the County Administrator to execute a construction contract with Shelton Corporation in the amount of $715,813 for work at Horner Park to construct Phase I, Mount Herman Road Extended, a new access roadway from Clover Hill Athletic Complex across Otterdale Creek into the new Horner Park property.

Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.

8.A.3.b. TO COLONY CONSTRUCTION, INCORPORATED FOR ECOFF ELEMENTARY SCHOOL ATHLETIC COMPLEX PHASE II, NEW ENTRANCE AND PARKING LOT

On motion of Mrs. Humphrey, seconded by Mr. King, the Board authorized the County Administrator to execute a construction contract with Colony Construction, Incorporated in the amount of $185,000 for work at Ecoff Elementary School Athletic Complex, for Phase II new entrance and parking lot.

And, further, the Board transferred available funds in the amount of $33,500 from Parks Improvements to the Goyne Park/Ecoff Elementary School.

Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.

8.A.3.c. TO BRYANT ELECTRIC COMPANY, INCORPORATED FOR THE BERMUDA ORCHARD WATERLINE PROJECT AND TRANSFER OF FUNDS FROM THE RUFFIN MILL – PHASE II PROJECT TO THE BERMUDA ORCHARD WATERLINE PROJECT

On motion of Mrs. Humphrey, seconded by Mr. King, the Board awarded a construction contract to Bryant Electric Company, Incorporated in the amount of $1,943,987 for county project 97-0120, Bermuda Orchard Waterline, and transferred $425,000 from project 97-0119E to project 97-0120E.

Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.

8.A.3.d. TO 42 CONTRACTING COMPANY FOR IMPROVEMENTS TO THE BUS GARAGE FUEL POINT AND APPROPRIATION OF FUNDS FROM THE FLEET MAINTENANCE RETAINED EARNINGS ACCOUNT FOR THESE IMPROVEMENTS

On motion of Mrs. Humphrey, seconded by Mr. King, the Board awarded a construction contract to 42 Contracting Company in the amount of $153,760 for improvements to the Bus Garage Fuel Point, appropriated $173,760 from Fleet Maintenance retained earnings, and authorized the County Administrator to execute all contract documents.

Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.

8.A.3.e. TO MANNING CONSTRUCTION, INCORPORATED FOR THE CHESTER HOUSE

On motion of Mrs. Humphrey, seconded by Mr. King, the Board authorized the County Administrator to execute a contract with Manning Construction, Incorporated in the amount of $1,310,000 for construction of the Chester House.

Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.

8.A.4. SET PUBLIC HEARING DATES

8.A.4.a. TO CONSIDER MISCELLANEOUS AMENDMENTS TO SECTION 17-36 OF THE SUBDIVISION ORDINANCE, AND SECTIONS 19-65, 19-66, 19-100, 19-102, 19-103, 19-107.1, 19-108, 19-144, 19-145, 19-159, 19-172, 19-173, 19-181, 19-227, 19-301, 19-513, 19-514, 19-555, 19-637, 19-638 AND 19-650 OF THE ZONING ORDINANCE

On motion of Mrs. Humphrey, seconded by Mr. King, the Board set the date of June 23, 2004 at 7:00 p.m. for a public hearing for the Board to consider miscellaneous amendments to section 17-36 of the Subdivision Ordinance, and sections 19-65, 19-66, 19-100, 19-102, 19-103, 19-107.1, 19-108, 19-144, 19-145, 19-159, 19-172, 19-173, 19-181, 19-227, 19-301, 19-513, 19-514, 19-555, 19-637, 19-638 and 19-650 of the Zoning Ordinance.

Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.

8.A.4.b. TO CONSIDER AN AMENDMENT TO THE TOWER SITING POLICY

On motion of Mrs. Humphrey, seconded by Mr. King, the Board set the date of June 23, 2004 at 7:00 p.m. for a public hearing for the Board to consider an amendment to the Tower Siting Policy and related code amendments.

Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.

8.A.4.c. T O CONSIDER: FY2005 THROUGH FY2010 SECONDARY ROAD SIX-YEAR IMPROVEMENT PLAN; FY2005 SECONDARY ROAD IMPROVEMENT BUDGET; PROJECT DEVELOPMENT SCHEDULES FOR CHESTERFIELD ROAD FUND, REGIONAL SURFACE TRANSPORTATION PROGRAM FUND, AND CONGESTION MITIGATION AIR QUALITY FUND; DESIGNATION OF FY2005 CHESTERFIELD ROAD FUND PROJECTS AND FY2004 SUPPLEMENTAL CHESTERFIELD ROAD FUND PROJECT; AND TRANSFER OF FUNDS

On motion of Mrs. Humphrey, seconded by Mr. King, the Board set the date of June 23, 2004 at 7:00 p.m. for a public hearing for the Board to consider the FY2005 through FY2010 Secondary Road Six-Year Improvement Plan; FY2005 Secondary Road Improvement Budget; Project Development Schedules for Chesterfield Road Fund, Regional Surface Transportation Program Fund; and Congestion Mitigation Air Quality Fund; Designation of FY2005 Chesterfield Road Fund Projects and FY2004 Supplemental Chesterfield Road Fund Project; and transfer of funds from the General Road Improvement Account to the Newbys Bridge Road east of Qualla Road Project.

Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.

8.A.5. APPROVAL OF REQUEST FROM SUBSTANCE ABUSE FREE ENVIRONMENT, INCORPORATED (SAFE) FOR A MUSIC/ ENTERTAINMENT FESTIVAL PERMIT FOR BANDFEST: SCHOOL'S OUT ON JUNE 18, 2004

On motion of Mrs. Humphrey, seconded by Mr. King, the Board approved a request from Substance Abuse Free Environment, Incorporated (SAFE) for a music/entertainment festival permit for Bandfest: School's Out on June 18, 2004.

Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.

8.A.6. APPROVAL OF REQUEST FOR A PERMIT TO STAGE A FIREWORKS DISPLAY FOR COMCAST'S FOURTH OF JULY CELEBRATION AT THE CHESTERFIELD COUNTY FAIRGROUNDS

On motion of Mrs. Humphrey, seconded by Mr. King, the Board approved a request from the Chesterfield County Department of Parks and Recreation for a permit to stage a fireworks display at Comcast's Fourth of July Celebration at the Chesterfield County Fairgrounds on July 4, 2004.

Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.

8.A.7. STATE ROAD ACCEPTANCE

On motion of Mrs. Humphrey, seconded by Mr. King, the Board adopted the following resolution:

WHEREAS, the street described below is shown on plats recorded in the Clerk's Office of the Circuit Court of Chesterfield County; and

WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised this Board the street meets 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 street described below to the secondary system of state highways, pursuant to Section 33.1-229, Code of Virginia , and the Department's Subdivision Street Requirements .

AND, BE IT FURTHER RESOLVED, that this Board guarantees a clear and unrestricted right-of-way, as described, and any necessary 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.

Type Change to the Secondary System of State Highways: Addition
Basis for Change: Addition, New subdivision street
Statutory Reference: §33.1-229
Project: Adkins Ridge, Section 1

Adkins Ridge Place, State Route Number: 5654
From: Stroud Ln., (Rt. 1449)
To: Cul-de-sac, a distance of: 0.07 miles.
Right-of-way record was filed on 5/14/2003 with the Office Of Clerk To Circuit Court in Pb.133; Pg. 74, with a width of 40 Ft.

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.

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.

Type Change to the Secondary System of State Highways: Addition
Basis for Change: Addition, New subdivision street
Statutory Reference: §33.1-229
Project: Hollymeade, Section D and a Portion of Section C

Croft Crossing Court, State Route Number: 5701
From: Croft Crossing Dr., (Rt. 5700)
To: Cul-de-sac, a distance of: 0.08 miles.
Right-of-way record was filed on 4/1/2003 with the Office Of Clerk To Circuit Court in Pb. 133; Pg. 9, with a width of 40 Ft.

Croft Crossing Drive, State Route Number: 5700
From: Lockberry Ridge Lp., (Rt. 4393)
To: Croft Crossing Ct., (Rt. 5701), a distance of: 0.06 miles.
Right-of-way record was filed on 4/1/2003 with the Office Of Clerk To Circuit Court in Pb. 133; Pg. 9, with a width of 50 Ft.

Croft Crossing Drive, State Route Number: 5700
From: Croft Crossing Ct., (Rt. 5701)
To: Lockberry Ridge Lp., (Rt. 4393), a distance of: 0.23 miles.
Right-of-way record was filed on 4/1/2003 with the Office Of Clerk To Circuit Court in Pb. 133; Pg. 9, with a width of 40 Ft.

Right-of-way record was filed on 10/04/2001 with the Office Of Clerk To Circuit Court in Pb. 120; Pg. 88, with a width of 40 Ft.

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.

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.

Type Change to the Secondary System of State Highways: Addition
Basis for Change: Addition, New subdivision street
Statutory Reference: §33.1-229
Project: Birkdale, Section 16

Sawgrass Place, State Route Number: 5711
From: Spyglass Hill Cr., (Rt. 5279)
To: Cul-de-sac, a distance of: 0.08 miles.
Right-of-way record was filed on 10/1/2004 with the Office Of Clerk To Circuit Court in Pb.129; Pg. 40, with a width of 40 Ft.

Spyglass Hill Circle, State Route Number: 5279
From: Killarney Ct. (Rt. 5318)
To: Sawgrass Pl., (Rt. 5711), a distance of: 0.04 miles.
Right-of-way record was filed on 10/1/2004 with the Office Of Clerk To Circuit Court in Pb.129; Pg. 40, with a width of 50 Ft.

Spyglass Hill Circle, State Route Number: 5279
From: Sawgrass Pl., (Rt. 5711)
To: Spyglass Hill Tn., (Rt. 5712) & Spyglass Hill Tr., (Rt. 5713), a distance of: 0.19 miles.
Right-of-way record was filed on 10/1/2004 with the Office Of Clerk To Circuit Court in Pb.129; Pg. 40, with a width of 50 Ft.

Spyglass Hill Circle, State Route Number: 5279
From: Spyglass Hill Tn., (Rt. 5712) & Spyglass Hill Tr., (Rt. 5713)
To: 0.13 Mi. E of Spyglass Hill Tn., (Rt. 5712) & Spyglass Hill Tr., (Rt. 5713), a distance of: 0.13 miles.
Right-of-way record was filed on 10/1/2004 with the Office Of Clerk To Circuit Court in Pb.129; Pg. 40, with a width of 50 Ft.

Spyglass Hill Terrace, State Route Number: 5713
From: Spyglass Hill Cr., (Rt. 5279)
To: Cul-de-sac, a distance of: 0.04 miles.
Right-of-way record was filed on 10/1/2004 with the Office Of Clerk To Circuit Court in Pb.129; Pg. 40, with a width of 40 Ft.

Spyglass Hill Turn, State Route Number: 5712
From: Spyglass Hill Cr., (Rt. 5279)
To: Cul-de-sac, a distance of: 0.08 miles.
Right-of-way record was filed on 10/1/2004 with the Office Of Clerk To Circuit Court in Pb.129; Pg. 40, with a width of 40 Ft.

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.

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.

Type Change to the Secondary System of State Highways: Addition
Basis for Change: Addition, New subdivision street
Statutory Reference: §33.1-229
Project: Edgewater at the Reservoir, Section 1

Shorewood Court, State Route Number: 5714
From: N. Woolridge Rd., (Rt. 668)
To: Shorewood Pl., (Rt. 5715), a distance of: 0.03 miles.
Right-of-way record was filed on 7/26/1999 with the Office Of Clerk To Circuit Court in Pb. 106; Pg. 8, with a width of 40 Ft.

Shorewood Court, State Route Number: 5714
From: Shorewood Pl., (Rt. 5715)
To: Cul-de-sac, a distance of: 0.09 miles.
Right-of-way record was filed on 7/26/1999 with the Office Of Clerk To Circuit Court in Pb. 106; Pg. 8, with a width of 40 Ft.

Shorewood Place, State Route Number: 5717
From: Shorewood Ct., (Rt. 5714)
To: Cul-de-sac, a distance of: 0.10 miles.
Right-of-way record was filed on 7/26/1999 with the Office Of Clerk To Circuit Court in Pb. 106; Pg. 8, with a width of 40 Ft.

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.

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.

Type Change to the Secondary System of State Highways: Addition

Basis for Change: Addition, New subdivision street

Statutory Reference: §33.1-229

Project: John Winston Jones Parkway

l John Winston Jones Parkway, State Route Number: 5716

From: Woodpecker Rd., (Rt. 626)

To: Bus Loop (Rt. 9086), a distance of: 0.34 miles.

l John Winston Jones Parkway, State Route Number: 5716

From: Bus Loop (Rt. 9086)

To: Bus Loop (Rt. 9086), a distance of: 0.19 miles.

l John Winston Jones Parkway, State Route Number: 5716

From: Bus Loop (Rt. 9086)

To: 0.06 Mi. N of Bus Loop (Rt. 9086), a distance of: 0.06 miles.

And, further, the Board adopted the following resolution:

WHEREAS, Matoaca High School, a public school, is situated on State Route 5716 and is served by a roadway that provides access for school bus traffic as depicted on the sketch attached; and

WHEREAS, construction of the road is complete, financed by sources other than those administered by the Virginia Department of Transportation, and meets standards deemed by said Department appropriate for the traffic anticipated; and

WHEREAS, the Chesterfield County School Board and this Board hereby guarantees a right of way of 14 feet with additional drainage and slope easements necessary for maintenance of the road.

NOW, THEREFORE, BE IT RESOLVED, that this Board, pursuant to Section 33.1-68, Code of Virginia, requests the following road be added to the secondary system of state highways.

AND, BE IT FURTHER RESOLVED, that this Board hereby agrees to reimburse the Virginia Department of Transportation any costs that it incurs to correct defects in the road, supporting fills, and drainage due to defective workmanship or materials that occurs within the first year following its acceptance as part of the secondary system of state highways.

AND, BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer of the Virginia Department of Transportation.

Type Change to the Secondary System of State Highways: Addition

Basis for Change: Addition, School Bus Road

Statutory Reference: §33.1-68

Project: Matoaca High School

l Matoaca High School Bus Loop, State Route Number: 9086

From: John Winston Jones Pkw., (Rt. 5716)

To: John Winston Jones Pkw., (Rt. 5716), a distance of: 0.14 miles.

And, further, the Board adopted the following resolution:

WHEREAS, the street 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 street meets 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 street described below to the secondary system of state highways, pursuant to Section 33.1-229, Code of Virginia , and the Department's Subdivision Street Requirements .

AND, BE IT FURTHER RESOLVED, that this Board guarantees a clear and unrestricted right-of-way, as described, and any necessary 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.

Type Change to the Secondary System of State Highways: Addition

Basis for Change: Addition, New subdivision street

Statutory Reference: §33.1-229

Project: Springford Parkway

l Springford Parkway, State Route Number: 5717

From: Spring Run Rd., (Rt. 662)

To: 0.15 Mi. S of Spring Run Rd., (Rt. 662), a distance of: 0.15 miles.

And, further, the Board adopted the following resolution:

WHEREAS, Spring Run Elementary School, a public school, is situated on State Route 662 and is served by a roadway that provides access for school bus traffic as depicted on the sketch attached; and

WHEREAS, construction of the road is complete, financed by sources other than those administered by the Virginia Department of Transportation, and meets standards deemed by said Department appropriate for the traffic anticipated; and

WHEREAS, the Chesterfield County School Board and this Board hereby guarantees a right of way of 14 feet with additional drainage and slope easements necessary for maintenance of the road.

NOW, THEREFORE, BE IT RESOLVED, that this Board, pursuant to Section 33.1-68, Code of Virginia, requests the following road be added to the secondary system of state highways.

AND, BE IT FURTHER RESOLVED, that this Board hereby agrees to reimburse the Virginia Department of Transportation any costs that it incurs to correct defects in the road, supporting fills, and drainage due to defective workmanship or materials that occurs within the first year following its acceptance as part of the secondary system of state highways.

AND, BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer of the Virginia Department of Transportation.

Type Change to the Secondary System of State Highways: Addition

Basis for Change: Addition, School Bus Road

Statutory Reference: §33.1-68

Project: Spring Run Elementary School

l Spring Run Elementary Bus Loop, State Route Number: 9900

From: Springford Pkwy., (Rt. 5717)

To: Springford Pkwy., (Rt. 5717), a distance of: 0.22 miles.

And, further, the Board adopted the following resolution:

WHEREAS, the street described below is shown on plats recorded in the Clerk's Office of the Circuit Court of Chesterfield County; and

WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised this Board the street meets 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 street described below to the secondary system of state highways, pursuant to Section 33.1-229, Code of Virginia , and the Department's Subdivision Street Requirements .

AND, BE IT FURTHER RESOLVED, that this Board guarantees a clear and unrestricted right-of-way, as described, and any necessary 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.

Type Change to the Secondary System of State Highways: Addition
Basis for Change: Addition, New subdivision street
Statutory Reference: §33.1-229
Project: Coalbrook at the Grove, Section 4

Coalbrook Drive, State Route Number: 5529
From: 0.03 Mi. N of Heth Dr., (Rt. 5530)
To: 0.21 Mi. N of Heth Dr., (Rt. 5530), a distance of: 0.18 miles.
Right-of-way record was filed on 3/19/2003 with the Office Of Clerk To Circuit Court in Pb. 132; Pg. 82, with a width of 40 Ft.

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.

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.

Type Change to the Secondary System of State Highways: Addition
Basis for Change: Addition, New subdivision street
Statutory Reference: §33.1-229
Project: Kingham at the Grove, Section 4

Railey Hill Drive, State Route Number: 5519
From: 0.05 Mi. E of Kingham Dr., (Rt. 5518)
To: Railey Hill Ct., (Rt. 5696), a distance of: 0.05 miles.
Right-of-way record was filed on 3/19/2003 with the Office Of Clerk To Circuit Court in Pb. 132; Pg. 84, with a width of 40 Ft.

Railey Hill Drive, State Route Number: 5519
From: Railey Hill Ct., (Rt. 5696)
To: Cul-de-sac, a distance of: 0.06 miles.
Right-of-way record was filed on 3/19/2003 with the Office Of Clerk To Circuit Court in Pb. 132; Pg. 84, with a width of 40 Ft.

Railey Hill Court, State Route Number: 5696
From: Railey Hill Dr., (Rt. 5519)
To: Cul-de-sac, a distance of: 0.07 miles.
Right-of-way record was filed on 3/19/2003 with the Office Of Clerk To Circuit Court in Pb. 132; Pg. 84, with a width of 40 Ft.

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.

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.

Type Change to the Secondary System of State Highways: Addition
Basis for Change: Addition, New subdivision street
Statutory Reference: §33.1-229
Project: Krim Point at the Grove, Section 2

Krim Point Court, State Route Number: 5709
From: Krim Point Lp., (Rt. 4762)
To: Krim Point Lp., (Rt. 4762), a distance of: 0.03 miles.
Right-of-way record was filed on 5/7/2002 with the Office Of Clerk To Circuit Court in Pb. 125; Pg. 87, with a width of 130 Ft.

Krim Point Loop, State Route Number: 4762
From: 0.02 Mi. N of Krim Point Wy., (Rt. 4761)
To: Krim Point Tl., (Rt. 5710), a distance of: 0.01 miles.
Right-of-way record was filed on 5/7/2002 with the Office Of Clerk To Circuit Court in Pb. 125; Pg. 87, with a width of 40 Ft.

Krim Point Loop, State Route Number: 4762
From: Krim Point Tl., (Rt. 5710)
To: Krim Point Ct., (Rt. 5709), a distance of: 0.03 miles.
Right-of-way record was filed on 5/7/2002 with the Office Of Clerk To Circuit Court in Pb. 125; Pg. 87, with a width of 40 Ft.

Krim Point Loop, State Route Number: 4762
From: Krim Point Ct., (Rt. 5709)
To: Krim Point Ct., (Rt. 5709), a distance of: 0.03 miles.
Right-of-way record was filed on 5/7/2002 with the Office Of Clerk To Circuit Court in Pb. 125; Pg. 87, with a width of 40 Ft.

Krim Point Loop, State Route Number: 4762
From: Krim Point Ct., (Rt. 5709)
To: Krim Point Tl., ( Rt 5710), a distance of: 0.14 miles.
Right-of-way record was filed on 5/7/2002 with the Office Of Clerk To Circuit Court in Pb. 125; Pg. 87, with a width of 40 Ft.

Krim Point Loop, State Route Number: 4762
From: Krim Point Tl., (Rt 5710)
To: 0.01 Mi. S of Krim Point Tl., (Rt 5710), a distance of: 0.01 miles.
Right-of-way record was filed on 5/7/2002 with the Office Of Clerk To Circuit Court in Pb. 125; Pg. 87, with a width of 40 Ft.

Krim Point Trail, State Route Number: 5710
From: Krim Point Lp., (Rt. 4762)
To: Krim Point Lp., (Rt. 4762), a distance of: 0.09 miles.

Right-of-way record was filed on 5/7/2002 with the Office Of Clerk To Circuit Court in Pb. 125; Pg. 87, with a width of 40 Ft.

Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.

8.A.8. APPROVAL OF WATER CONTRACT FOR STARLIGHT LANE

On motion of Mrs. Humphrey, seconded by Mr. King, the Board approved the following water contract for 1017 Starlight Lane (Contract Number 03-0158), which includes 110 L.F. + of four-inch water lines:

Developer: G. S. Parsons Construction Company
Contractor: C. D. French Excavating Contractors, Inc.
Contract Amount:
Estimated County Cost for Offsite . . . . . $1,975.60
Estimated Developer Cost. . . . . . . . . . $5,824.40
Estimated Total . . . . . . . . . . . . . . $7,800.00
Code: (Refunds thru Connections – Offsite) 5B-572VO-E4D
District: Clover Hill

(It is noted a copy of the vicinity sketch is filed with the papers of this Board.)

Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.

8.A.9. TRANSFER OF DISTRICT IMPROVEMENT FUNDS FROM THE BERMUDA AND CLOVER HILL DISTRICT IMPROVEMENT FUNDS TO THE FIRE DEPARTMENT FOR THE JUNIOR SAFETY CAMP

On motion of Mrs. Humphrey, seconded by Mr. King, the Board transferred $100 each from the Bermuda and Clover Hill District Improvement Funds (total of $200) to the Fire Department to help defray the costs associated with the Junior Safety Camp, which will be offered by the department's Fire and Life Safety Division.

Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.

8.A.10. REQUESTS FOR PERMISSION

8.A.10.a. FROM STEVEN W. ANDERSON AND MICHELLE L. ANDERSON FOR A PROPOSED FENCE TO ENCROACH WITHIN AN EIGHT- FOOT EASEMENT ACROSS LOT 18, ASHBROOK, SECTION 11

On motion of Mrs. Humphrey, seconded by Mr. King, the Board approved a request from Steven W. Anderson and Michelle L. Anderson for permission for a proposed fence to encroach within an eight-foot easement across Lot 18, Ashbrook, Section 11, subject to the execution of a license agreement. (It is noted a copy of the plat is filed with the papers of this Board.)

Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.

8.A.10.b. FROM LEWIS W. WRIGHT, III AND ANNE M. WRIGHT FOR A PROPOSED FENCE TO ENCROACH WITHIN A SIXTEEN-FOOT DRAINAGE EASEMENT ACROSS LOT 41, EDGEWATER AT THE RESERVOIR, SECTION 6

On motion of Mrs. Humphrey, seconded by Mr. King, the Board approved a request from Lewis W. Wright, III and Anne M. Wright for permission for a proposed fence to encroach within a 16-foot drainage easement across Lot 41, Edgewater At The Reservoir, Section 6, subject to the execution of a license agreement. (It is noted a copy of the plat is filed with the papers of this Board.)

Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.

8.A.10.c. FROM WILLIAM M. ANDREWS, JR. AND CHRISTINE D. ANDREWS FOR A PROPOSED FENCE TO ENCROACH WITHIN AN EIGHT-FOOT EASEMENT ACROSS LOT 86, MONTCLAIR AT SOUTHBEND, SECTION 1

On motion of Mrs. Humphrey, seconded by Mr. King, the Board approved a request from William M. Andrews, Jr. and Christine D. Andrews for permission for a proposed fence to encroach within an eight-foot easement across Lot 86, Montclair at Southbend, Section 1, subject to the execution of a license agreement. (It is noted a copy of the plat is filed with the papers of this Board.)

Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.

8.A.10.d. FROM ROADRUNNER ENTERPRISES, INCORPORATED TO INSTALL A PRIVATE SEWER SERVICE WITHIN A PRIVATE EASEMENT TO SERVE PROPERTY ON PATROMDALE DRIVE

On motion of Mrs. Humphrey, seconded by Mr. King, the Board approved a request from Roadrunner Enterprises, Incorporated, t/a New Millenium Builders for permission to install a private sewer service within a private easement to serve property at 9817 Patromdale Drive, and authorized the County Administrator to execute the sewer connection agreement. (It is noted a copy of the vicinity sketch is filed with the papers of this Board.)

Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.

8.A.11. ACCEPTANCE OF PARCELS OF LAND

8.A.11.a. ADJACENT TO THE WEST RIGHT OF WAY LINE OF IRONBRIDGE ROAD FROM C. W. WRIGHT CONSTRUCTION COMPANY, INCORPORATED

On motion of Mrs. Humphrey, seconded by Mr. King, the Board accepted the conveyance of a parcel of land containing 0.067 acres from C. W. Wright Construction Company, Incorporated, and authorized the County Administrator to execute the deed. (It is noted a copy of the plat is filed with the papers of this Board.)

Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.

8.A.11.b. FOR THE EXTENSION OF CENTER POINTE PARKWAY FROM BON SECOURS – SAINT FRANCIS MEDICAL CENTER, INCORPORATED

On motion of Mrs. Humphrey, seconded by Mr. King, the Board accepted the conveyance of three parcels of land containing a total of 0.066 acres from Bon Secours-Saint Francis Medical Center, Incorporated, and authorized the County Administrator to execute the deed. (It is noted a copy of the plat is filed with the papers of this Board.)

Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.

8.A.11.c. ALONG THE NORTH RIGHT OF WAY LINE OF BAILEY BRIDGE ROAD FROM THE TRUSTEES OF CLOVER HILL ASSEMBLY OF GOD CHURCH

On motion of Mrs. Humphrey, seconded by Mr. King, the Board accepted the conveyance of a parcel of land containing 0.330 acres along the north right of way line of Bailey Bridge Road (State Route 654) from the Trustees of Clover Hill Assembly of God Church, and authorized the County Administrator to execute the deed. (It is noted a copy of the plat is filed with the papers of this Board.)

Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.

8.A.11.d. ALONG THE WEST RIGHT OF WAY LINE OF HUGUENOT ROAD FROM LAND 11600, LLC

On motion of Mrs. Humphrey, seconded by Mr. King, the Board accepted the conveyance of a parcel of land containing 0.018 acres along the west right of way line of Huguenot Road (State Route 147) from Land 11600, LLC, and authorized the County Administrator to execute the deed. (It is noted a copy of the plat is filed with the papers of this Board.)

Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.

8.A.11.e. ALONG THE NORTH RIGHT OF WAY LINE OF BELLWOOD ROAD FROM BELLWOOD INVESTMENTS, LLC

On motion of Mrs. Humphrey, seconded by Mr. King, the Board accepted the conveyance of a parcel of land containing 0.07 acres along the north right of way line of Bellwood Road (State Route 656) from Bellwood 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.)

Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.

8.A.12. CONVEYANCE OF EASEMENTS TO VIRGINIA ELECTRIC AND POWER COMPANY

8.A.12.a. FOR UNDERGROUND CABLE ALONG GOVERNMENT CENTER PARKWAY TO SERVE THE COMMONWEALTH NATURAL GAS CATHODIC PROTECTION SYSTEM

On motion of Mrs. Humphrey, seconded by Mr. King, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute an easement agreement with Virginia Electric and Power Company for underground cable along Government Center Parkway to serve the Commonwealth Natural Gas cathodic protection system. (It is noted a copy of the plat is filed with the papers of this Board.)

Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.

8.A.12.b. FOR UNDERGROUND CABLE TO SERVE THE COMMONWEALTH NATURAL GAS CATHODIC PROTECTION SYSTEM AT CHESTERFIELD COUNTY AIRPORT

On motion of Mrs. Humphrey, seconded by Mr. King, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute an easement agreement with Virginia Electric and Power Company for underground cable to serve the Commonwealth Natural Gas cathodic protection system at Chesterfield County Airport. (It is noted a copy of the plat is filed with the papers of this Board.)

Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.

8.A.12.c. FOR UNDERGROUND CABLE TO UPGRADE SERVICE IN THE EVERGREEN AREA

On motion of Mrs. Humphrey, seconded by Mr. King, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute an easement agreement with Virginia Electric and Power Company for underground cable to upgrade service in the Evergreen area. (It is noted a copy of the plat is filed with the papers of this Board.)

Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.

8.A.13. REQUESTS TO QUITCLAIM

8.A.13.a. TWENTY-FOOT, SIXTEEN-FOOT AND VARIABLE WIDTH SEWER EASEMENTS ACROSS THE PROPERTY OF GRAY LAND AND DEVELOPMENT COMPANY, LLC

On motion of Mrs. Humphrey, seconded by Mr. King, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute quitclaim deeds to vacate 20-foot, 16-foot and variable width sewer easements across the property of Gray Land and Development Company, LLC. (It is noted copies of the plats are filed with the papers of this Board.)

Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.

8.A.13.b. A TWENTY-FOOT TEMPORARY CONSTRUCTION EASEMENT ACROSS THE PROPERTY OF 7501 WHITEPINE ROAD, L.L.C.

On motion of Mrs. Humphrey, seconded by Mr. King, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute a quitclaim deed to vacate a 20-foot temporary construction easement across the property of 7501 Whitepine Road, L.L.C. (It is noted a copy of the plat is filed with the papers of this Board.)

Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.

8.A.13.c. A PORTION OF A VARIABLE WIDTH VIRGINIA DEPARTMENT OF TRANSPORTATION SIGHT DISTANCE EASEMENT ACROSS THE PROPERTY OF SOMMERVILLE DEVELOPMENT CORPORATION

On motion of Mrs. Humphrey, seconded by Mr. King, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute a quitclaim deed to vacate a portion of a variable width Virginia Department of Transportation sight distance easement across the property of Sommerville Development Corporation. (It is noted a copy of the plat is filed with the papers of this Board.)

Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.

8.A.14. APPROVAL OF CONSENT FOR RIGHT OF ENTRY ON COUNTY PROPERTY AT CAMP BAKER WITH THE VIRGINIA DEPARTMENT OF TRANSPORTATION

On motion of Mrs. Humphrey, seconded by Mr. King, the Board authorized the County Administrator to execute a consent for right of entry with the Virginia Department of Transportation for right of entry on county property at Camp Baker. (It is noted a copy of the vicinity sketch is filed with the papers of this Board.)

Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.

8.A.15. AMENDMENT TO THE BOARD MINUTES OF APRIL 14, 2004

On motion of Mrs. Humphrey, seconded by Mr. King, the Board amended the minutes of April 14, 2004 as follows:

FROM:

“ On motion of Mrs. Humphrey, seconded by Mr. Barber, the Board adopted the following ordinance:

AN ORDINANCE whereby the COUNTY OF CHESTERFIELD, VIRGINIA, ("GRANTOR") vacates to FOXFIELD CONSTRUCTION, INC., a Virginia corporation, JASON SEAMSTER and SHAWN T. SEAMSTER, CHRISTOPHER P. SPORTELLO and CANDACE L. SPORTELLO, (husband and wife), CHRISTOFFE L. MOREAU and DEANNA M. MOREAU, (husband and wife), and KENNETH A. HAYES and LEEANNE S. HAYES, (husband and wife), ("GRANTEE"), a 20' temporary construction easement, a variable width temporary construction easement, a VDOT slope and drainage easement, and portions of Fortenberry Drive within River's Trace, Sections B and C, MATOACA Magisterial District, Chesterfield County, Virginia, as shown on plats thereof duly recorded in the Clerk's Office of the Circuit Court of Chesterfield County in Plat Book 119, at Pages 35 and 39.

WHEREAS, FOXFIELD CONSTRUCTION, INC., petitioned the Board of Supervisors of Chesterfield County, Virginia to vacate a 20' temporary construction easement, a variable width temporary construction easement, a VDOT slope and drainage easement, and portions of Fortenberry Drive within River's Trace, Sections B and C, MATOACA Magisterial District, Chesterfield County, Virginia more particularly shown on plats of record in the Clerk's Office of the Circuit Court of said County in Plat Book 119, Pages 35 and 39, by BALZER AND ASSOCIATES, dated JUNE 5, 2001 and JUNE 21, 2001, and recorded JULY 18,, 2001 and JULY 19, 2001. The easements and portions of right of way petitioned to be vacated are more fully described as follows:

A 20' temporary construction easement, a variable width temporary construction easement, a VDOT slope and drainage easement, and portions of Fortenberry Drive within River's Trace, Sections B and C, the location of which is more fully shown on a plat made by BALZER AND ASSOCIATES, dated FEBURARY 5, 2004, and revised MARCH 29, 2004, a copy of which is attached hereto and made a part of this Ordinance.

WHEREAS, notice has been given pursuant to Section 15.2-2204 of the Code of Virginia , 1950, as amended, by advertising; and,

WHEREAS, no public necessity exists for the continuance of the easements and portions of right of way sought to be vacated.

NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF SUPERVISORS OF CHESTERFIELD COUNTY, VIRGINIA:

That pursuant to Section 15.2-2272 of the Code of Virginia , 1950, as amended, the aforesaid easements and portions of right of way be and are hereby vacated.

This Ordinance shall be in full force and effect in accordance with Section 15.2-2272 of the Code of Virginia , 1950, as amended, and a certified copy of this Ordinance, together with the plat attached hereto shall be recorded no sooner than thirty days hereafter in the Clerk's Office of the Circuit Court of Chesterfield County, Virginia pursuant to Section 15.2-2276 of the Code of Virginia , 1950, as amended.

The effect of this Ordinance pursuant to Section 15.2-2274 is to destroy the force and effect of the recording of the portion of the plat vacated. This Ordinance shall vacate the easements to the underlying lot owners and vest fee simple title of the portion of right of way within River's Trace, Section B in the owners of Lot 10, and the portion of right of way within River's Trace, Section C in the owners of Lot 14, free and clear of any rights of public use.

Accordingly, this Ordinance shall be indexed in the names of the COUNTY OF CHESTERFIELD as GRANTOR, and FOXFIELD CONSTRUCTION, INC., a Virginia corporation, JASON SEAMSTER and SHAWN T. SEAMSTER, CHRISTOPHER P. SPORTELLO and CANDACE L. SPORTELLO, (husband and wife), CHRISTOFFE L. MOREAU and DEANNA M. MOREAU, (husband and wife), and KENNETH A. HAYES and LEEANNE S. HAYES, (husband and wife), or their successors in title, as GRANTEE.

Ayes: Miller, Barber, Humphrey, King and Warren.

Nays: None.”

TO:

“On motion of Mrs. Humphrey, seconded by Mr. Barber, the Board adopted the following ordinance:

AN ORDINANCE whereby the COUNTY OF CHESTERFIELD, VIRGINIA, ("GRANTOR") vacates to FOXFIELD CONSTRUCTION, INC., a Virginia corporation, JASON SEAMSTER and SHAWN T. SEAMSTER, CHRISTOPHER P. SPORTELLO and CANDACE L. SPORTELLO, (husband and wife), CHRISTOFFE L. MOREAU and DEANNA M. MOREAU, (husband and wife), and KENNETH A. HAYES and LEEANNE S. HAYES, (husband and wife), ("GRANTEE"), a 20' temporary construction easement, a variable width temporary construction easement, a VDOT slope and drainage easement, and portions of Fortenberry Drive within River's Trace, Sections B and C, MATOACA Magisterial District, Chesterfield County, Virginia, as shown on plats thereof duly recorded in the Clerk's Office of the Circuit Court of Chesterfield County in Plat Book 119, at Pages 35 and 39.

WHEREAS, FOXFIELD CONSTRUCTION, INC., petitioned the Board of Supervisors of Chesterfield County, Virginia to vacate a 20' temporary construction easement, a variable width temporary construction easement, a VDOT slope and drainage easement, and portions of Fortenberry Drive within River's Trace, Sections B and C, MATOACA Magisterial District, Chesterfield County, Virginia more particularly shown on plats of record in the Clerk's Office of the Circuit Court of said County in Plat Book 119, Pages 35 and 39, by BALZER AND ASSOCIATES, dated JUNE 5, 2001 and JUNE 21, 2001, and recorded JULY 18, 2001 and JULY 19, 2001. The easements and portions of right of way petitioned to be vacated are more fully described as follows:

A 20' temporary construction easement, a variable width temporary construction easement, a VDOT slope and drainage easement, and portions of Fortenberry Drive within River's Trace, Sections B and C, the location of which is more fully shown on a plat made by BALZER AND ASSOCIATES, dated FEBURARY 5, 2004, and revised MARCH 29, 2004, a copy of which is attached hereto and made a part of this Ordinance.

WHEREAS, notice has been given pursuant to Section 15.2-2204 of the Code of Virginia , 1950, as amended, by advertising; and

WHEREAS, no public necessity exists for the continuance of the easements and portions of right of way sought to be vacated.

NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF SUPERVISORS OF CHESTERFIELD COUNTY, VIRGINIA:

That pursuant to Section 15.2-2272 of the Code of Virginia , 1950, as amended, the aforesaid easements and portions of right of way be and are hereby vacated.

This Ordinance shall be in full force and effect in accordance with Section 15.2-2272 of the Code of Virginia , 1950, as amended, and a certified copy of this Ordinance, together with the plat attached hereto shall be recorded no sooner than thirty days hereafter in the Clerk's Office of the Circuit Court of Chesterfield County, Virginia pursuant to Section 15.2-2276 of the Code of Virginia , 1950, as amended.

The effect of this Ordinance pursuant to Section 15.2-2274 is to destroy the force and effect of the recording of the portion of the plats vacated. This Ordinance shall vacate the easements to the underlying lot owners and vest fee simple title of the portion of right of way within River's Trace, Section B in the owners of the adjacent open space, and the portion of right of way within River's Trace, Section C in the owners of Lot 14, free and clear of any rights of public use.

Accordingly, this Ordinance shall be indexed in the names of the COUNTY OF CHESTERFIELD as GRANTOR, and FOXFIELD CONSTRUCTION, INC., a Virginia corporation, JASON SEAMSTER and SHAWN T. SEAMSTER, CHRISTOPHER P. SPORTELLO and CANDACE L. SPORTELLO, (husband and wife), CHRISTOFFE L. MOREAU and DEANNA M. MOREAU, (husband and wife), and KENNETH A. HAYES and LEEANNE S. HAYES, (husband and wife), or their successors in title, as GRANTEE.

Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.”

Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.

8.A.16. APPROVAL OF FY2004 SCHOOL BOARD CAPITAL IMPROVEMENT PLAN YEAR-END REVISIONS

On motion of Mrs. Humphrey, seconded by Mr. King, the Board increased the appropriation in the School Capital Improvements fund by $253,300 by (1) appropriating $537,700 of State Technology Initiative funds, and (2) reducing the funding from the Reserve for School Capital Improvements by $284,400.

Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.

9. HEARINGS OF CITIZENS ON UNSCHEDULED MATTERS OR CLAIMS

O MR. JOE CACCIOTTI HAS REQUESTED TO SPEAK TO THE BOARD OF SUPERVISORS TO JOIN WITH HENRICO AND THE CITY OF RICHMOND TO FILE A LAWSUIT TO RECOVER ANY ADDITIONAL COSTS FOR RENOVATING THE DIAMOND

Mr. Joe Cacciotti expressed concerns that interference from the Richmond Baseball Initiative (RBI) resulted in the Braves only signing a short-term contract and will likely delay renovations at The Diamond, resulting in increased costs. He requested that Chesterfield County join with Henrico and the City of Richmond to file a lawsuit against RBI to recover any increased costs and expenses that may occur if and when The Diamond is renovated at a later date if RBI's current proposal of a new ball park does not materialize.

10. REPORTS

10.A. REPORT ON THE DEVELOPER WATER AND SEWER CONTRACTS

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

10.C. REPORT ON ROADS ACCEPTED INTO THE STATE SECONDARY SYSTEM

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

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

ADDITION LENGTH

BECKENHAM, SECTION E

(Effective 4/16/2004)

Appletree Court (Route 5695) – From Appletree Drive (Route 5693) to Cul-de-sac 0.04 Mi.

Appletree Drive (Route 5693) – From Appletree Court (Route 5695) to Cul-de-sac 0.04 Mi.

Appletree Drive (Route 5693) – From Benmore Road (Route 1240) to Appletree Court (Route 5695) 0.06 Mi.

Benmore Court (Route 5694) – From Benmore Road (Route 1240) to Cul-de-sac 0.05 Mi.

Benmore Road (Route 1240) – From Appletree Drive (Route 5693) and Benmore Court (Route 5694) to Cul-de-sac 0.09 Mi.

Benmore Road (Route 1240) – From 0.06 mile east of Kyloe Lane (Route 1241) to Appletree Drive (Route 5693) and Benmore Court (Route 5694) 0.03 Mi.

BON AIR RIDGE

(Effective 4/16/2004)

Pulliam Street (Route 1745) – From Existing Pulliam Street 0.04 mile north of West Bon View Drive (Route 1712) to Cul-de-sac 0.07 Mi.

Rockcrest Court (Route 5688) – From Rockcrest Road (Route 1709) to Cul-de-sac 0.05 Mi.

HAMPTON PARK, SECTION 16

(Effective 4/16/2004)

Hampton Valley Court (Route 5690) – From Hampton Valley Drive (Route 5689) to Cul-de-sac 0.06 Mi.

Hampton Valley Drive (Route 5689) – From Hampton Valley Place (Route 5691) to 0.01 mile south of Hampton Valley Place (Route 5691) 0.01 Mi.

Hampton Valley Drive (Route 5689) – From Hampton Glen Lane (Route 5245) to Hampton Valley Court (Route 5690) 0.07 Mi.

Hampton Valley Drive (Route 5689) – From Hampton Valley Court (Route 5690) to Hampton Valley Place (Route 5691) 0.03 Mi.

Hampton Valley Place (Route 5691) – From Hampton Valley Drive (Route 5689) to Cul-de-sac 0.08 Mi.

HAMPTON PARK, SECTION 17

(Effective 4/16/2004)

Hampton Valley Drive (Route 5689) – From Hampton Valley Terrace (Route 5692) to 0.01 mile south of Hampton Valley Terrace (Route 5692) 0.01 Mi.

Hampton Valley Drive (Route 5689) – From Hampton Valley Drive, 0.01 mile south of Hampton Valley Place (Route 5691) to Hampton Valley Terrace

(Route 5692) 0.03 Mi.

Hampton Valley Terrace (Route 5692) – From Hampton Valley Drive (Route 5689) to Cul-de-sac 0.18 Mi.

SECOND BRANCH, SECTION 3

(Effective 4/16/2004)

Balta Road (Route 4609) – From Intersection of Balta Terrace (Route 5625) and Balta Turn (Route 5626) 0.09 Mi.

Balta Road (Route 4609) – From Second Branch Road (Route 653) to Intersection of Balta Terrace (Route 5625) and Balta Turn (Route 5626) 0.17 Mi.

Balta Terrace (Route 5625) – From Balta Road (Route 4609) to Cul-de-sac 0.12 Mi.

Balta Turn (Route 5626) – From Balta Road (Route 4609) to Cul-de-sac 0.05 Mi.

Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.

11. DINNER

On motion of Mr. Barber, seconded by Mr. King, the Board recessed to the Administration Building, Room 502, for dinner.

Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.

Reconvening:

12. INVOCATION

Reverend Joyce Fisher Pierce, Senior Minister of Unity Christ Church of Bon Air, gave the invocation.

13. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA

Eagle Scout Dennis Gregory Gibson, Jr. led the Pledge of Allegiance to the flag of the United States of America.

14. RESOLUTIONS AND SPECIAL RECOGNITIONS

14.A. RECOGNIZING MR. BOB BRICK FOR HIS EXTRAORDINARY LITTER COLLECTION EFFORTS IN CHESTERFIELD COUNTY

Mr. Pitaro introduced Mr. Bob Brick who was present to receive the resolution.

On motion of the Board, the following resolution was adopted:

WHEREAS, Chesterfield County is well known regionally and nationally as a FIRST CHOICE community that offers an extraordinary quality of life; and

WHEREAS, Chesterfield County also has, as one of its eight strategic goals, that of being “responsible protectors of the environment”; and

WHEREAS, as part of its commitment to caring for the environment, Chesterfield County has active recycling and litter abatement programs in effect; and

WHEREAS, the Chesterfield County Board of Supervisors recently approved the expenditure of $100,000 to assist in the cleanup of litter in the county; and

WHEREAS, the Virginia Department of Transportation (VDOT), which is responsible for litter pick up along the county's roadways, has various litter control programs in place”; and

WHEREAS, along with all these efforts, the efforts by individual Chesterfield County residents to prevent and pick up litter are critical to the success of any litter abatement program; and

WHEREAS, Mr. Bob Brick, a Chesterfield County resident of the Bermuda District, has been regularly picking up aluminum cans and other litter along the county's roadways for nearly 17 years on a voluntary basis; and

WHEREAS, Mr. Brick's litter collection efforts have been the subject of local media attention; and

WHEREAS, Mr. Brick estimates that he has collected about 15 tons of aluminum over the years, removing cans from county roadways and other areas; and

WHEREAS, Mr. Brick is an active member of VDOT's “Adopt a Highway” litter abatement program; and

WHEREAS, it is appropriate to recognize Mr. Brick's outstanding and continuous efforts on behalf of Chesterfield County residents.

NOW, THEREFORE, BE IT RESOLVED, that the Chesterfield Board of Supervisors, this 26 th day of May 2004, publicly recognizes Mr. Bob Brick for his dedication, civic service and untiring efforts to maintain and improve the appearance of Chesterfield County, thanks him for his outstanding example of service to others, and expresses its appreciation for his work on behalf of the environment.

Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.

Mr. King presented the executed resolution to Mr. Brick and expressed appreciation for his extraordinary service to Chesterfield County.

Mr. Pitaro presented a 30-visit Customer Value Card to Mr. Brick, which will allow him to have 30 free visits to the county's transfer station.

Mr. Brick expressed appreciation to the Board for the recognition.

Lieutenant Colonel Jim Bourque introduced Ms. Trish Terrell, President of Chesterfield County-Colonial Heights Crime Solvers Board of Directors, and other Crime Solvers Board members who were present to receive the resolution.

On motion of the Board, the following resolution was adopted:

WHEREAS, Chesterfield County is committed to being the safest and most secure community compared to similar jurisdictions; and

WHEREAS, the strong partnership that includes our Police Department, business owners and operators, the media and citizens collectively contributes to the safety of our neighborhoods and the quality of life in Chesterfield County; and

WHEREAS, since 1984, the Chesterfield County-Colonial Heights Crime Solvers program has been a vital component of the united fight against crime; and

WHEREAS, since its inception in March of 1984, Crime Solvers has received more than 18,000 tips to its anonymous hotline; and

WHEREAS, this information has helped police to solve more than 4,300 crimes; and

WHEREAS, further, more than $610,000 worth of illegal drugs and $1,250,000 in stolen property have been recovered; and

WHEREAS, more than $286,000 in reward money has been distributed; and

WHEREAS, Chesterfield County-Colonial Heights Crime Solvers is a valued and important part of the fight against crime in the region; and

WHEREAS, this Board of Supervisors, on behalf of the citizens of Chesterfield County, wishes to thank all those corporate sponsors and individuals who have supported Crime Solvers monetarily with their donations and provided support in other ways.

NOW, THEREFORE, BE IT RESOLVED, that the Chesterfield County Board of Supervisors, this 26 th day of May 2004, hereby extends its appreciation, congratulations and best wishes to Chesterfield County-Colonial Heights Crime Solvers on the occasion of its 20 th anniversary; thanks all those who have made this program such a tremendous success in the fight against crime; and wishes Crime Solvers continued success in its efforts to improve quality of life and safety for everyone in Chesterfield County and the City of Colonial Heights.

Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.

Mr. King presented the executed resolution to Ms. Terrell, accompanied by Lieutenant Colonel Bourque and members of Crime Solvers Board of Directors, and commended them on the tremendous success of Crime Solvers.

Ms. Terrell expressed appreciation to Lieutenant Colonel Bourque, the founder of Chesterfield County-Colonial Heights Crime Solvers, and also to the media, Board of Supervisors, Police Department and the community who have all contributed to the success of the program.

Mr. Harry Quarles invited the public to attend Crime Solvers' anniversary celebration on June 9, 2004 at the Fairgrounds.

14. C. RECOGNIZING MISS JENNIFER LYNN DAOULAS UPON ATTAINING THE GOLD AWARD

Mr. Hammer introduced Miss Jennifer Daoulas who was present to receive the resolution.

On motion of the Board, the following resolution was adopted:

WHEREAS, the Girl Scouts of the United States of America is an organization serving over 2.6 million girls and was founded to promote citizenship training and personal development; and

WHEREAS, after earning four interest project patches, the Career Exploration Pin, the Senior Girl Scout Leadership Award, the Senior Girl Scout Challenge, and designing and implementing a Girl Scout Gold Award project; and

WHEREAS, the Gold Award is the highest achievement award in Girl Scouting and symbolizes outstanding accomplishments in the areas of leadership, community service, career planning, and personal development; and

WHEREAS, the Girl Scout Award can only be earned by girls aged 14-17 or in grades 9-12 and is received by less than six percent of those individuals entering the Girl Scouting movement; and

WHEREAS, Miss Jennifer Lynn Daoulas, Troop 794, sponsored by Bethia United Methodist Church, has accomplished these high standards and has been honored with the Girl Scouts of America Gold Award by the Commonwealth Girl Scout Council of Virginia; and

WHEREAS, growing through her experiences in Girl Scouting, learning the lessons of responsible citizenship, and priding herself on the great accomplishments of her country, Jennifer is indeed a member of a new generation of prepared young citizens of whom we can all be very proud.

Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.

Mrs. Humphrey presented the executed resolution and patch to Miss Daoulas, accompanied by members of her family, congratulated her on her outstanding achievement, and wished her well in her future endeavors.

Miss Daoulas expressed appreciation to her parents and troop leaders for their support.

14.D. RECOGNIZING “TOUCH OF SWING” SHOW CHOIR FOR ITS EXCELLENT REPRESENTATION OF CHESTERFIELD COUNTY

Mr. Kappel introduced members of “Touch of Swing” Show Choir who were present to receive the resolution.

On motion of the Board, the following resolution was adopted:

WHEREAS, “Touch of Swing” is the all-girl show choir at Manchester High School; and

WHEREAS, this group of 41 sophomore, junior and senior girls was the first girls' group of its kind in the Richmond, Virginia area; and

WHEREAS, “Touch of Swing” has earned the title of Grand Champion at the Showstoppers National Show Choir Invitational in Orlando, Florida; and

WHEREAS, this year, the group took first place in the Unisex Division of the Northcoast Show Choir Invitational in Twinsburg, Ohio; and

WHEREAS, “Touch of Swing” also has been named Grand Champion of the Unisex Division at Fame's Show Choir America in New York; and

WHEREAS, while in New York the group also received honors for Best Vocals, Best Choreography, Best Repertoire and Best Rhythm Section; and

WHEREAS, “Touch of Swing” is in its 16 th season, with band direction by Louis Millhouse, choreography by Andy Haines and under the direction of Robyn A. Kim.

NOW, THEREFORE, BE IT RESOLVED, that the Chesterfield County Board of Supervisors, this 26 th day of May 2004, hereby extends its congratulations to “Touch of Swing” for its outstanding record of achievement, which reflects well on Chesterfield County and all its citizens; recognizes the talent, enthusiasm and excellence of all the members of “Touch of Swing,” as well as of its adult leaders; and wishes the group continued success in all its performances.

Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.

Mrs. Humphrey the executed resolution to a member of “Touch of Swing” Show Choir, congratulated the group on its tremendous achievement, and wished the group continued success.

14.E. RECOGNIZING “CAPITAL SWING” SHOW CHOIR FOR ITS EXCELLENT REPRESENTATION OF CHESTERFIELD COUNTY

Mr. Kappel introduced members of “Capital Swing” Show Choir who were present to receive the resolution.

On motion of the Board, the following resolution was adopted:

WHEREAS, “Capital Swing” is the mixed show choir at Manchester High School; and

WHEREAS, this group was the first group of its kind in the Richmond, Virginia area; and

WHEREAS, “Capital Swing” has earned the title of Grand Champion and has taken first-place honors at the Hampton Roads Show Choir Invitational; and

WHEREAS, the group has had the same distinction at the Capital VIP's festival in Charleston, West Virginia; and

WHEREAS, “Capital Swing” also earned first-place honors at the Voices in the Groves Invitational in Ohio; and

WHEREAS, while in Twinsburg, Ohio at the Northcoast Show Choir Invitational, the group was named Grand Champion and was presented with awards for Best Vocals and Best Choreography; and

WHEREAS, “Capital Swing” also was recognized at Grand Champion in the Martinsburg Show Choir Festival in West Virginia; and

WHEREAS, the group was First Runner-up at Fame's Show Choir America; and

WHEREAS, while in New York, “Capital Swing” was recognized for Best Male Sound, Best Choreography, Best Repertoire and Best Diction; and

WHEREAS, “Capital Swing” is in its 23rd season, with band direction by Louis Millhouse, choreography by Andy Haines and under the direction of Susan Wood Kish.

NOW, THEREFORE, BE IT RESOLVED, that the Chesterfield County Board of Supervisors, this 26 th day of May 2004, hereby extends its congratulations to “Capital Swing” for its outstanding record of achievement, which reflects well on Chesterfield County and all its citizens; recognizes the talent, enthusiasm and excellence of all the members of “Capital Swing,” as well as of its adult leaders; and wishes the group continued success in all its performances.

Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.

Mrs. Humphrey presented the executed resolution to a member of “Capital Swing” Show Choir, congratulated the group on its tremendous achievement, and wished the group continued success.

14.F. RECOGNIZING BOY SCOUTS UPON ATTAINING THE RANK OF EAGLE SCOUT

14.F.1. MICHAEL DEWEY VANCE, MIDLOTHIAN DISTRICT

Mr. Hammer introduced Mr. Michael Vance who was present to receive the resolution.

On motion of the Board, the following resolution was adopted:

WHEREAS, the Boy Scouts of America was incorporated by Mr. William D. Boyce on February 8, 1910, and was chartered by Congress in 1916; and

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 his community, being active in the troop, demonstrating Scout spirit, and living up to the Scout Oath and Law; and

WHEREAS, Mr. Michael Dewey Vance, Troop 869, sponsored by Salisbury Presbyterian Church, has accomplished those high standards of commitment and has reached the long-sought goal of Eagle Scout, which is earned by only four percent of those individuals entering the Scouting movement; and

WHEREAS, growing through his experiences in Scouting, learning the lessons of responsible citizenship, and endeavoring to prepare himself for a role as a leader in society, Michael 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, this 26th day of May 2004, recognizes Mr. Michael Dewey Vance, extends congratulations on his attainment of Eagle Scout, and acknowledges the good fortune of the County to have such an outstanding young man as one of its citizens.

Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.

Mr. Barber presented the executed resolution and patch to Mr. Vance, accompanied by members of his family, congratulated him on his outstanding achievement, and wished him well in his future endeavors.

Mr. Vance expressed appreciation to members of his troop and his family and friends for their support.

14.F.2. DENNIS GREGORY GIBSON, JR., MIDLOTHIAN DISTRICT

Mr. Hammer introduced Mr. Dennis Gibson who was present to receive the resolution.

On motion of the Board, the following resolution was adopted:

WHEREAS, the Boy Scouts of America was incorporated by Mr. William D. Boyce on February 8, 1910, and was chartered by Congress in 1916; and

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 his community, being active in the troop, demonstrating Scout spirit, and living up to the Scout Oath and Law; and

WHEREAS, Mr. Dennis Gregory Gibson, Jr., Troop 890, sponsored by The Brandermill Church, has accomplished those high standards of commitment and has reached the long-sought goal of Eagle Scout, which is earned by only four percent of those individuals entering the Scouting movement; and

WHEREAS, growing through his experiences in Scouting, learning the lessons of responsible citizenship, and endeavoring to prepare himself for a role as a leader in society, Greg 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, this 26th day of May 2004, recognizes Mr. Dennis Gregory Gibson, Jr., extends congratulations on his attainment of Eagle Scout, and acknowledges the good fortune of the County to have such an outstanding young man as one of its citizens.

Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.

Mr. Barber presented the executed resolution and patch to Mr. Gibson, accompanied by members of his family, congratulated him on his outstanding achievement, and wished him well in his future endeavors.

Mr. Gibson expressed appreciation to Lieutenant Lonnie Lewis, God, his family and Scoutmasters for their support.

15. REQUESTS FOR MOBILE HOME PERMITS AND REZONING PLACED ON THE CONSENT AGENDA TO BE HEARD IN THE FOLLOWING ORDER:

- WITHDRAWALS/DEFERRALS
– CASES WHERE THE APPLICANT ACCEPTS THE RECOMMENDATION AND THERE IS NO OPPOSITION
- CASES WHERE THE APPLICANT DOES NOT ACCEPT THE RECOMMENDATION AND/OR THERE IS PUBLIC OPPOSITION WILL BE HEARD AT SECTION 17

04SN0221

In Matoaca Magisterial District, MARY KEY requests rezoning and amendment of zoning district map from Residential (R-15) to Agricultural (A). Residential use of up to 1.0 unit per acre is permitted in an Agricultural (A) District. The Comprehensive Plan suggests the property is appropriate for rural conservation use. This request lies on 9.8 acres fronting approximately 980 feet on the north line of Physic Hill Road, also fronting approximately 380 feet on the west line of Celtic Road and located in the northeast quadrant of the intersection of these roads. Tax IDs 721-654-1741, 2751, 3958, 5431, 7411 and 9017 (Sheet 23).

Mr. Jacobson presented a summary of Case 04SN0221 and stated the Planning Commission and staff recommend approval and acceptance of the proffered conditions. He noted the request conforms to the Southern and Western Area Plan .

No one was present representing the applicant.

Mrs. Humphrey requested that the case be moved to the end of the Consent Agenda.

04SN0228

In Bermuda Magisterial District, FAMILY TIME COURTHOUSE, LLC requests amendment to Conditional Use Planned Development (Case 95SN0109) and amendment of zoning district map to permit a child care center. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for neighborhood mixed use. This request lies in a Neighborhood Office (O-1) District on 2.8 acres fronting approximately 200 feet on the west line of Rivers Bend Boulevard, approximately 250 feet south of Hogans Drive. Tax ID 815-653-1888 (Sheet 27).

Mr. Jacobson presented a summary of Case 04SN0228 and stated the Planning Commission and staff recommend approval subject to one condition and acceptance of the proffered conditions. He noted the request conforms to the Consolidated Eastern Area Plan .

Mr. Jim Womack, representing the applicant, stated the recommendation is acceptable.

Mr. Miller called for public comment.

No one came forward to speak to the request.

On motion of Mr. King, seconded by Mr. Warren, the Board approved Case 04SN0228 subject to the following condition:

The following uses shall not be permitted:

a. Convalescent homes, nursing homes, rest homes.

b. Group care facilities.

c. Non-profit civic, social and fraternal lodge.

d. Propagation of crops, flowers, trees or shrubs for sale.

e. Public and private forests and wildlife preserves. (P)

(Note: This condition supersedes Section D, Number 4 of the Textual Statement of Case 95SN0109 for the request property only. All other conditions of Case 95SN0109 shall remain applicable.)

And, further, the Board accepted the following proffered conditions:

1. An opaque wooden or vinyl fence at least six (6) feet in height shall be constructed along the western property line. Such fence shall be located at least forty (40) feet from the western property line. (P)

2. The required forty (40) foot buffer along the western property line shall be planted in accordance with Perimeter landscaping C (option I). In addition, a single row of Leyland Cypress having an initial height of a minimum of four (4) feet shall be planted eight (8) feet on center within this buffer. (P)

Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.

04SN0242

In Clover Hill Magisterial Distict, LUDOLF SIEMENS requests Conditional Use and amendment of zoning district map to permit a private school. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for low density residential use of 1.5 units per acre or less. This request lies in an Agricultural (A) District on 4.7 acres and is known as 120 North Courthouse Road. Tax ID 743-704-7406 (Sheet 6).

Mr. Jacobson presented a summary of Case 04SN0242 and stated the Planning Commission and staff recommended approval subject to conditions and acceptance of the proffered conditions.

Mr. Ludolf Siemens stated the recommendation is acceptable.

Mr. Miller called for public comment.

No one came forward to speak to the request.

On motion of Mr. Warren, seconded by Mr. King, the Board approved Case 04SN0242 subject to the following conditions:

1. Except where the requirements of the underlying Agricultural (A) zoning are more restrictive, the existing school facility shall be upgraded to conform to the design requirements of the Zoning Ordinance for Corporate Office (O-2) uses in Emerging Growth Areas. A schedule for the implementation of these improvements shall be submitted to the Planning Department for review and approval within thirty (30) days of the approval of this request. This condition shall not preclude the ability to seek an exception to the curb and gutter requirements for parking and driveways through the Development Standards Waiver process. (P)

2. Except where the requirements of the underlying Agricultural (A) zoning area more restrictive, any new development for school use shall conform to the requirements of the Zoning Ordinance for Corporate Office (O-2) uses in Emerging Growth Areas. (P)

3. Within the recreational setback established in Proffered Condition 1.a., existing vegetation shall be supplemented, where necessary, with landscaping or other devices designed to achieve the buffering standards contained in Section 19-522(a)(2) of the Zoning Ordinance.

And, further, the Board accepted the following proffered conditions:

1. The following setback criteria shall apply to any outdoor play fields, courts, swimming pools and similar active recreational uses:

a. With the exception of playground areas which accommodate swings, jungle gyms or similar such facilities, all active play fields, courts of similar active recreational facilities which could accommodate organized sports such as football, soccer, basketball, etc., shall be located a minimum of 100 feet from any adjacent property.

b. Any playground areas shall be setback a minimum of forty (40) feet from all property lines. (P)

2. Prior to exceeding an enrollment of eighty (80) students, the following shall occur:

a. The existing access from the property to Courthouse Road shall be relocated towards the northern property line. The exact location of this access shall be approved by the Transportation Department.

b. Additional pavement shall be constructed along Courthouse Road at the approved access to provide a right turn lane. The developer shall dedicate to Chesterfield County, free and unrestricted, any additional right-of-way (or easements) required for this road improvement. (T)

3. The freestanding sign identifying the school use shall be of a monument style and shall not exceed twenty-four (24) square feet in area and eight (8) feet in height. (P)

Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.

04SN0243

In Bermuda Magisterial District, TOKEN TOWER, LLC requests revocation of an amendment to Conditional Use Planned Development (Case 03SN0283) and amendment of zoning district map which permitted a 540 foot 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 general industrial use. This request lies on 12.5 acres at the eastern terminus of Station Road. Tax ID 792-685-5662 (Sheet 12).

Mr. Jacobson presented a summary of Case 04SN0243 and stated the Planning Commission and staff recommend approval.

Mr. John Cogbill, representing the applicant, stated the recommendation is acceptable.

Mr. Miller called for public comment.

No one came forward to speak to the request.

Mr. King made a motion, seconded by Mr. Barber, for the Board to approve Case 04SN0243.

Discussion ensued as to the rationale for the request.

Mr. Miller called for a vote on the motion of Mr. King, seconded by Mr. Barber, for the Board to approve Case 04SN0243.

Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.

04SN0221

In Matoaca Magisterial District, MARY KEY requests rezoning and amendment of zoning district map from Residential (R-15) to Agricultural (A). Residential use of up to 1.0 unit per acre is permitted in an Agricultural (A) District. The Comprehensive Plan suggests the property is appropriate for rural conservation use. This request lies on 9.8 acres fronting approximately 980 feet on the north line of Physic Hill Road, also fronting approximately 380 feet on the west line of Celtic Road and located in the northeast quadrant of the intersection of these roads. Tax IDs 721-654-1741, 2751, 3958, 5431, 7411 and 9017 (Sheet 23).

Mr. Jacobson stated staff attempted to contact the applicant, but she was unavailable.

Mrs. Humphrey stated there has been no opposition to the request.

Mr. Miller called for public comment.

No one came forward to speak to the request.

On motion of Mrs. Humphrey, seconded by Mr. Barber, the Board approved Case 04SN0221 and accepted the following proffered conditions:

1. Any stock farm use shall be limited to the keeping of four (4) horses.

2. All facilities and areas associated with the keeping of stock animals (stables, pastures, etc.) shall be cleaned and made free of waste on a regular basis. In addition, the property owner shall employ a means of eliminating any odor problems and propagation of insects.

3. Any private kennel use shall be limited to the keeping of four (4) dogs.

Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.

03SN0324

In Matoaca Magisterial District, NELSON DAVIS KYLE, II requests Conditional Use and amendment of zoning district map to permit an outdoor recreational facility. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for rural conservation use. This request lies in an Agricultural (A) District on 4.0 acres fronting approximately 240 feet on the north line of Ivey Mill Road, approximately 3,000 feet west of River Road. Tax ID 742-630-8924 (Sheet 39).

Mr. Warren stated his son works for one of the applicant's businesses, and although the applicant and his son have no relationship to this zoning case, he declared a conflict of interest under the Virginia Conflict of Interest Act regarding this request, and excused himself from the meeting.

Mrs. Humphrey stated she is recommending that Case 03SN0324 be remanded to the Planning Commission and has spoken to the applicant about doing so.

Mr. Miller called for public comment.

No one came forward to speak to the remand request.

On motion of Mrs. Humphrey, seconded by Mr. King, the Board remanded Case 03SN0324 to the Planning Commission.

Ayes: Miller, Barber, Humphrey and King.
Nays: None.
Absent: Warren.

Mr. Warren returned to the meeting.

02SN0238 (Amended)

In Matoaca Magisterial District, DOUGLAS R. SOWERS requests amendment to Conditional Use Planned Development (Case 88S008) and amendment of zoning district map on part of property which is commonly known as Greenspring's A. E. Howard and Rose tracts. Specifically, the applicant desires to develop this 208.5 acre tract as a single development from the originally-zoned 1,312.7 acre tract. In general, amendments are requested relative to the approved Master Plan, historic structures, provision of a golf course, road improvements, land dedications and reservations, utilities, drainage, erosion and water quality. A mixed use development consisting of residential, office and commercial uses is planned. 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 and single family residential use of 2.0 units per acre or less. This request lies in Residential (R-9) and Corporate Office (O-2) Districts on 208.5 acres fronting in two (2) places for a total of approximately 2,050 feet on the east line of Otterdale Road, approximately 2,900 feet south of Gamecock Road. Tax IDs 716-691-4229 and 718-691-6889 (Sheet 9).

Mr. Jacobson presented a summary of Case 02SN0238 and stated the request represents the third phase of the original Greensprings zoning case, indicating that the negotiated conditions in the Greensprings case did not include cash proffers, but did include required transportation improvements to support the land use development in this area. He further stated the Planning Commission and staff recommended approval of Amendments I through IV and VI pertaining to technical changes to the original zoning on the property. He further stated staff recommends denial of Amendment V because deletion of the required traffic impact analysis might result in all of the roads necessary to support the proposed development not being built. He stated the Planning Commission, on a 4-1 vote, recommended approval of Amendment V, indicating that, in their opinion, the applicant has offered a fair amount of road improvements for the proposed development.

In response to Mrs. Humphrey and Mr. Barber's questions, Mr. Jacobson stated, at the time of the original Greensprings request, the Board did not have the authority to collect cash proffers; therefore, substantial road improvements were negotiated to support the proposed development. He further stated the original zoning offered a land commitment for a school site. He noted the developer is offering a cash proffer of approximately $105,000, representing the subject property's commitment for the original land dedication.

In response to Mr. Barber's questions, Mr. Allan Carmody, Budget Manager, came forward and stated the $105,000 cash proffer equates to approximately ten acres, which is not large enough for a school site. He further stated the original case required a 65-acre parcel to be dedicated, which has been prorated in proportion to the number of residential units on each of the three subsequent cases. He stated there will be approximately $650,000 in cash proffers for schools once the residential units have applied for their permits and made their payments. He further stated the Board would have the ability to acquire a school site once the units are developed. He stated the last Greensprings parcel still has a requirement for a 65-acre dedication, but there will probably not be 65 acres left for a school site. He further stated the Board will have the ability to purchase a school site using cash proffers from these cases at whatever site it chooses to acquire.

Mr. Barber called forward Ms. Cynthia Owens-Bailey, Director of Planning of Chesterfield County Public Schools, to address this issue.

Ms. Owens-Bailey stated the School Board recently approved redistricting for both Watkins Elementary and Swift Creek Middle Schools. She further stated staff will continue to monitor the Greensprings area as it develops and also look at possible sites to locate an additional school.

Mr. Jim Theobold, representing the applicant, stated the proposal is consistent with the existing Greensprings zoning. He further stated staff has requested that the applicant provide a traffic impact study, which could have the ability of stopping or limiting the proposed development. He stated the applicant and the Planning Commission did not believe the traffic impact study was appropriate because the road improvements being offered by the developer address the transportation impact of the proposed development. He provided details of the various road improvements being offered by the applicant.

Mr. Miller called for public comment.

No one came forward to speak to the request.

Mr. Miller called Mr. McCracken forward to address the traffic issue.

Mr. McCracken stated staff does not recommend eliminating the traffic impact study because it is not known whether the infrastructure being offered by the applicant will be sufficient to accommodate the impact of the proposed development. He further stated staff anticipates 40,000 vehicles per day will be generated when the entire Greensprings property is developed. He stated staff recognizes that many of the transportation improvements required in the original Greensprings case are a burden that the development community cannot bear and expressed concerns that the original infrastructure is being whittled down as individual zoning cases are approved.

In response to Mrs. Humphrey's question, Mr. McCracken stated the infrastructure required in the original zoning that is not being provided include four lanes of Woolridge Road and the Powhite Parkway extension, indicating that staff agrees there should be a public role in the cost of extending Powhite. He expressed concerns that densities are not changing, yet portions of the original infrastructure approved by the Board are being lost. He stated staff is prepared to support the case with the previous condition relative to a traffic impact study.

When asked, Mr. Theobold stated he feels some conditions are being overlooked, indicating that the applicant cannot provide more than 175 residential units or 20,000 square feet of non-residential uses until a number of road improvements have been made, including four lanes of Woolridge Road, two lanes of Powhite Parkway extended from Watermill Parkway to Woolridge Road extended, and two lanes of Woolridge Road extended from Powhite Parkway to the northern property line. He further stated the applicant has also agreed not to record any lots or site plans for multi-family units prior to July 1, 2005. He stated it will be very hard for road commitments to be financed without knowing the full extent of development that can be achieved. He further stated protective stops have been provided by the developer to delay development of the subject property, indicating that he believes the phasing will address the impact of the proposed development on area traffic.

Mrs. Humphrey stated the Woolridge Road extension has always been a priority of hers because the communities west of the lake have few alternatives to Hull Street except Genito Road. She further stated the completion of Woolridge Road is critical to getting residents to Powhite and off of Hull Street. She expressed concerns about the traffic flow challenge discussed by Mr. McCracken with the proposed commercial/industrial development.

Mr. Theobold stated the proposed commercial area is smaller than the size of a typical mall and is located where the original Greensprings case sited a mixed-use commercial node as reflected in the county's land use plan. He further stated the commercial area will provide a reason for the applicant to begin constructing the roads.

Mr. Barber stated he is thankful that Ms. Owens-Bailey was present to answer questions, and there is a plan to address accommodation of students as a result of the proposed development.

Ms. Owens-Bailey stated that, although the proposed development is being phased, it will still have a significant impact on schools. She further stated, if the proposed development moves too quickly, an additional facility may have to be requested or redistricting may have to be considered for this area.

Mr. Miller stated he is very concerned about the transportation issues raised by Mr. McCracken.

Mrs. Humphrey stated Board members are not comfortable with the phasing being proffered by the applicant, and she feels staff needs additional time to address the transportation issues with the developer.

After further discussion with Mr. Theobold, Mrs. Humphrey made a motion, seconded by Mr. Barber, for the Board to defer Case 02SN0238 until June 23, 2004.

Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.

04SN0107

In Dale Magisterial District, JACOBS GLENN LC requests amendment to zoning (Case 00SN0266) and amendment of zoning district map to eliminate the requirement to provide an emergency access. 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 to 2.5 units per acre. This request lies in a Residential (R-12) District on 30.0 acres fronting approximately 800 feet on the west line of Newbys Bridge Road approximately 100 feet south of Valencia Road, also lying at the eastern terminus of Jacobs Bend Drive. Tax ID 759-684-2733 (Sheet 11).

Mr. Jacobson presented a summary of Case 04SN0107 and stated staff recommended denial because the applicant fails to address the requirement for a second public access. He further stated the Planning Commission, on a 3-2 vote, recommended approval and acceptance of the proffered condition, indicating that the homeowners' association for the new proposed development should not be burdened to require an emergency access that is needed by an adjacent neighborhood.

Mr. Andy Scherzer, representing the applicant, stated the request has the support of both the community as well as the Planning Commission. He further stated it would not be fair for the existing neighborhood to maintain an emergency access that would serve neighbors to the west. He requested the Board's approval of the proposal.

Mr. Miller called for public comment.

Mr. George Beadles expressed concerns relative to the risks involved in allowing development without providing an emergency access.

There being no one else to speak to the request, the public hearing was closed.

Mr. Miller stated he will support the request because it has the support of the Planning Commission and no opposition from area residents.

Mr. Miller then made a motion, seconded by Mr. Barber, for the Board to approve Case 04SN0107.

Mr. Barber stated he will support the motion, but believes the connectivity policy needs to be completed so that long-term public safety can be better addressed in zoning cases.

Mr. Miller called for a vote on his motion, seconded by Mr. Barber, for the Board to approve Case 04SN0107 and accept the following proffered condition:

No public road connection shall be provided to Jacobs Bend Drive in the Jacobs Glenn Subdivision. (P&T)

Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.

03SN0288 (Amended)

In Matoaca Magisterial District, DOUGLAS R. SOWERS requests rezoning and amendment of zoning district map from Agricultural (A) and Residential (R-25) to Community Business (C-3) with Conditional Use to allow multifamily residential and residential townhouse uses 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 regional mixed use and for residential use of 2.0 units per acre or less. This request lies on 117.8 acres fronting in two (2) places for approximately 1,850 feet on the south line of Old Hundred Road, approximately 750 feet east of Otterdale Road and in two (2) places for approximately 725 feet on the east line of Otterdale Road, approximately 1,200 feet south of Old Hundred Road. Tax IDs 716-696-9418 and 9559; 717-695-0722; 717-696-1097; and 718-696-7128 (Sheet 9).

Mr. Jacobson presented a summary of Case 03SN0288 and stated the applicant has offered an amendment to Proffered Condition 4, which represents a full cash proffer consistent with the Board's policy, and both the Planning Commission and staff now recommend approval subject to one condition and acceptance of the proffered conditions. He noted the request conforms to the Upper Swift Creek Plan .

Mrs. Humphrey inquired whether Utilities staff has looked at how other residences on Old Hundred Road can be served by public utilities from the proposed development.

Mr. Randy Phelps, Utilities Department Senior Engineer, stated water for the proposed development will be coming from Route 60 down Old Hundred Road past Otterdale Road, and sewer for the proposed development will extend from Tomahawk Creek to serve the property, indicating that the utilities will serve a much larger area than just the proposed development.

Mrs. Humphrey stated utilities from the proposed development will minimize the cost of an assessment district for residents of Old Hundred Road.

Mr. Phelps stated area residents have requested cost estimates for providing them with public utilities and indicated that he is in the process of providing this information to the residents.

Mr. Jim Theobold, representing the applicant, stated the recommendation is acceptable, indicating that the cash proffer issue has now been resolved.

Mr. Miller called for public comment.

Mr. Steve Harris, a resident of North Hundred Subdivision, stated the residents have always expressed a desire to maintain the rural residential character of the area through low-density development. He provided a map depicting development that is encroaching the area and expressed concerns relative to the impact of the proposed development on the water supply in the area. He also expressed concerns relative to increased traffic and the impact of the proposed development on area property values. He requested that the Board consider a minimum of R-40 zoning on the lots adjacent to the existing homes.

Mr. William McClintock, a resident of Otterdale Road, expressed concerns relative to the traffic impact of the proposed development. He stated through truck traffic is prohibited on Old Hundred Road, but trucks are still traveling on the road.

Mr. Shannon Higginbotham, a resident of Otterdale Road, expressed concerns relative to placement of R-12 zoning adjacent to houses along Otterdale and Old Hundred Roads. He stated he believes a precedent was already set when the Halsley tract was zoned R-40.

Dr. Betty Hunter-Clapp stated a number of citizens who have attended meetings regarding the revision of the Upper Swift Creek Plan have requested that use of R-12 zoning not be allowed in the Upper Swift Creek Area because of its impact on road infrastructure and the reservoir. She requested that the Board take the citizens' request into consideration.

Mr. Theobold pointed out that there are phasing conditions to address transportation issues. He noted there is a condition that limits the density in the R-12 area to two units per acre adjacent to the lots along Otterdale and Old Hundred Roads, consistent with the Upper Swift Creek Plan .

There being no one else to speak to the request, the public hearing was closed.

Mrs. Humphrey stated the condition which limits the R-12 zoning adjacent to Old Hundred and Otterdale Roads to two units per acre should address Mr. Harris and Mr. Higginbotham's concerns. She requested that the Police Department address enforcement of the restriction on through truck traffic on Old Hundred Road.

When asked, Mr. Jacobson stated the condition requires the development of R-12 uses in Tract D not to exceed a density of two units per acre, but does not mandate that the lots be perfectly spaced out to equal two houses on every acre. He further stated staff is comfortable with the density transition. He stated there is no buffer required by the proposed development.

Mrs. Humphrey stated she is considering imposing a condition relative to the lots adjacent to existing development.

Mr. Theobold stated R-12 zoning gives the applicant the ability to work with the land and locate lots in areas consistent with topographical conditions. He further stated the residents will be better able to have their concerns addressed during the site plan process.

Mr. Jacobson stated neighboring property owners can participate in the subdivision process, but staff and the Planning Commission must follow the conditions approved by the Board as well as other county development standards.

Mr. Theobold stated it is the developer's intent to evenly disburse the units throughout the site subject to topographical limitations.

Mrs. Humphrey she will attend the site plan meeting for the subject development and remind everyone of her intent for the area, if necessary.

Mrs. Humphrey then made a motion, seconded by Mr. Warren, for the Board to suspend its rules to allow for the amended proffered condition.

Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.

On motion of Mrs. Humphrey, seconded by Mr. Warren, the Board approved Case 03SN0288 subject to the following condition:

Development of the Residential (R-12) uses (Tract D) shall not exceed a density of two (2) units per acre. (P)

And, further, the Board accepted the following proffered conditions:

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

1. Master Plan . The Textual Statement dated March 26, 2004, and the zoning map prepared by E.D. Lewis & Associates, Inc., dated March 23, 2004 entitled “Rezoning Master Plan, Matoaca District, Chesterfield County, Virginia” shall be considered the Master Plan. (P)

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

3. Public Water and Sewer . The public water and wastewater systems shall be used. (U)

4. Cash Proffer . Prior to the time of issuance of a building permit for each new dwelling unit with the exception of the initial seventeen (17) units where the majority of the lot is within the existing R-25 parcel, the applicant, subdivider, or its assignee, shall pay to the County of Chesterfield the following amounts for infrastructure improvements within the service district for the Property:

a) For all residential units except those designated as age-restricted units in accordance with paragraph (b):

i) if payment is made prior to July 1, 2004, $9000; or

ii) if payment is made after June 30, 2004, the amount approved by the Board of Supervisors, but not to exceed the $9000 per dwelling unit as adjusted upward by any increase in the Marshall and Swift Building Cost Index between July 1, 2003 and July 1 of the fiscal year in which the payment is made; or

b) For all residential units designated for senior housing, the units of which meet the occupancy requirements for “age 55 or over” housing as set forth in section 3607 of the Fair Housing Act, 42 USC Sections 3601 et seq., as amended by the Fair Housing Amendments Act of 1988, and of 24 CFR Section 100.304 in effect as of the date of the rezoning, and which are subject to the occupancy requirement that no person under 19 shall reside in such unit:

i) if payment is made prior to July 1, 2004, $4815, to be allocated among the facility costs as follows: $598 for parks, $324 for library facilities, $346 for fire stations, and $3547 for roads; or

ii) if payment is made after June 30, 2004, the amount approved by the Board of Supervisors, but not to exceed the $4815 per dwelling unit as adjusted upward by any increase in the Marshall and Swift Building Cost Index between July 1, 2003 and July 1 of the fiscal year in which the payment is made, to be allocated pro-rata among the facility costs as specified in (b)(i).

If any of the cash proffers are not expended for the purposes designated by the Capital Improvement Program within fifteen (15) years from the date of payment, they shall be returned in full to the payor. 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 be in addition to, any impact fees, in a manner determined by the County. (B & M)

5. Age-Restricted Units . Age-restricted dwelling units shall be grouped on a particular portion of the Property and shall not be scattered among other residential dwelling units. At the time of recordation of a subdivision plat, lots for age-restricted units shall be so noted on the plat. Any site plan for age-restricted dwelling units shall also note such restriction. (B&M)

6. Stormwater Runoff Limitation . The developer shall leave in place the temporary sediment control devices and/or, at the election of the developer, construct new BMPs or combinations and BMPs, which would achieve a maximum phosphorus limit of .22 for residential development, and (ii) a maximum phosphorus limit of .45 for commercial development, until Chesterfield County has constructed the downstream regional BMP into which the development will drain pursuant to the Upper Swift Creek Water Shed Plan. (EE)

7. Phasing of Development . No single family lots shall be recorded prior to January 1, 2006, and no more than seventy-seven single family lots shall be recorded prior to January 1, 2007. There shall be no site plan approved for any residential multifamily units prior to January 1, 2007. (P)

8. Road Improvements.

a. Right of Way Dedication . In conjunction with recordation of the initial subdivision plat, prior to any site plan approval, or within sixty (60) days from a written request by the county, whichever occurs first, the applicant or his assignee shall dedicate to the county, free and unrestricted, the following rights of way:

i. A forty-five (45) foot wide right of way for Old Hundred Road adjacent to the Property, measured from the centerline of Old Hundred Road;

ii. A forty-five (45) foot wide right of way for Otterdale Road adjacent to the Property, measured from the centerline of Otterdale Road;

iii. Up to a 120-foot wide right of way for a north/south major arterial (“Woolridge Road Extended”) through the eastern part of the Property, as generally shown on the Rezoning Master Plan. Chesterfield Department of Transportation (CDOT) shall approve the exact width and location of this right of way. The applicant or his assignee shall submit to and receive approval from CDOT, an alignment, based on VDOT Urban Minor Arterial standards (50 MPH) with sufficient design information to include preliminary environmental assessment for Woolridge Road Extended; and

iv. Rights of way or easements for access (the “Site Road”), as approved by CDOT, from Woolridge Road Extended, from Old Hundred Road and if requested by CDOT from Otterdale Road, across the Property to the Lennon parcel (Tax ID 7196945885). The Site Road right of way width shall generally be sixty (60) feet; however, the exact width and location of these rights of way or easements shall be approved by CDOT.

b. Construction . In order to provide an adequate roadway system, the applicant or his assignee shall be responsible for the following road improvements:

i. Construction of a four (4) lane divided facility for Woolridge Road Extended, to VDOT Urban Minor Arterial standards (50 MPH) with modifications approved by CDOT, from Old Hundred through the Site Road intersection. The exact length of this improvement shall be approved by CDOT;

ii. Construction of additional pavement along Woolridge Road Extended at the Site Road to provide dual left turn lanes, if warranted as determined by CDOT. The exact length of this improvement shall be approved by CDOT;

iii. Construction of an additional lane of pavement plus a seven (7) foot wide unpaved shoulder along Old Hundred Road for the entire Property frontage;

iv. Construction of left and right turn lanes at each approved access to the Property along the Site Road, along Old Hundred Road, along Otterdale Road, and along Woolridge Road Extended, including the Old Hundred Road/Woolridge Road Extended intersection, as determined by CDOT;

v. Full cost of traffic signalization at each approved access including at the Site Road/Old Hundred Road, Site Road/Woolridge Road Extended, and Old Hundred Road/Woolridge Road Extended intersections, if warranted as determined by CDOT;

vi. Relocation of the ditch along the east side of Otterdale Road adjacent to the Property, to provide an adequate shoulder; and

vii. Any rights of way necessary for improvements specified in Proffered Condition 8.b. In the event the developer is unable to acquire the right of way necessary for these road improvements, the applicant or his assignee may request, in writing, the county to acquire such right of way as a public road improvement. All costs associated with the acquisition of such right of way shall be borne by the applicant or his assignee.

Prior to any site plan or subdivision construction plan approval, whichever occurs first, a phasing plan for the improvements specified in Proffered Condition 8.b. shall be submitted to and approved by CDOT. The approved phasing plan shall require, among other things, that the construction of a four (4) lane divided Woolridge Road, as identified in Proffered Condition 8.b.i., not occur until a nonresidential use is developed on Parcels B, F or G. (T)

9. Phasing . No building permits shall be issued for any nonresidential uses within Parcels B, F or G until:

(i) The following roads have been constructed, as a two (2) lane facility, as determined by CDOT: a) Woolridge Road Extended from Watermill Parkway to Route 288; b) an east/west major arterial in the Greensprings Development from Otterdale Road to Woolridge Road Extended, generally extending through the parcels identified as Tax IDs 7166914229 and 7166897889; c) Powhite Parkway Extended from Watermill Parkway to Woolridge Road Extended; and d) an east/west major arterial north of the Property from Old Hundred Road to Woolridge Road Extended generally extending through the parcels identified as Tax IDs 7167014130, 7207000007 and 7227004002 or Old Hundred Road is reconstructed to a standard acceptable to CDOT from the northern boundary of the proposed Halsey Subdivision to the Otterdale Road intersection; and

(ii) A traffic impact analysis based on CDOT procedures has been submitted to and approved by CDOT. The approved traffic analysis shall establish the maximum density of development on the Property, and determine if the applicant or his assignee shall be responsible for additional roadway improvements from those identified in Proffered Condition 8.b., as determined by CDOT. (T)

10. Access . Direct access from the Property to Woolridge Road Extended shall be limited to the Site Road generally located at the southern Property line, as generally shown on the Rezoning Master Plan. Direct access from the Property to Old Hundred Road shall be limited to the Site Road generally located towards the western property line, as generally shown on the Rezoning Master Plan. Prior to any site plan or tentative subdivision plan approval, whichever occurs first, the applicant or his assignee shall submit to CDOT, and receive its approval of, a plan for access to the Property from Woolridge Road Extended, Old Hundred Road, Otterdale and the Site Road. Access to the Property shall conform to the approved access plan. (T)

11. Access Limitation . No access shall be permitted to or from the Property: (a) to Old Hundred Road between Tax ID 7186971607 and Tax ID 7176979512; or (b) to Otterdale Road between Tax ID 7166966084 and Tax ID 7166965665. (T)

12. Residential Townhouses . All roads that accommodate general traffic circulation through any part of Parcels F or G that is developed for townhouse use, as determined by CDOT, shall be designed and constructed to state standards and taken into the state system. Setbacks from these public roads shall be as identified for special access streets pursuant to Section 19-505(b) of the Zoning Ordinance. This condition may be modified by CDOT if it is determined that the roads or any part of such roads cannot be designated for state acceptance. For any roads which accommodate general traffic circulation through the development that are not to be a part of the state system, a plan that insures the continual maintenance of the private streets shall be submitted to, and approved by CDOT. (T)

Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.

03SN0316 (Amended)

In Midlothian Magisterial District, JAMES DORAN CO. requests rezoning and amendment of zoning district map from Agricultural (A), Community Business (C-3) and General Business (C-5) to Community Business (C-3) with 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 suburban commercial, planned transitional and village fringe uses. This request lies on 34.5 acres fronting approximately 1,400 feet on the north line of Midlothian Turnpike approximately 400 feet west of Winterfield Road, also fronting approximately 1,040 feet on the west line of Winterfield Road approximately 500 feet north of Midlothian Turnpike. Tax IDs 724-709-2311, 2528, 4210, 5831, 6911, 7661 and 9121; and 725-709-1125 and 7635 (Sheet 5).

Ms. Beverly Rogers presented a summary of Case 03SN0316 and stated staff recommends approval subject to the applicant addressing the impact on capital facilities, indicating that the proffered conditions do not adequately mitigate the impact of the proposed development on school facilities. She further stated staff is also concerned about excessive signage exceptions. She stated the Planning Commission recommended approval subject to conditions and acceptance of the proffered conditions, indicating that the data submitted by the applicant indicates that the multifamily development will generate less school children than the county-wide average and sign exceptions are appropriate given the unique design of the project.

Mr. William Shewmake, representing the applicant, stated the applicant is requesting an exception to signage because everything in the development is internally oriented and additional signage is necessary for advertising purposes. He further stated the applicant is incorporating strict architectural standards for the signage. He stated the proposal did not initially have any residential units, and the issue of cash proffers arose when apartment units were added. He further stated full cash proffers have been provided for transportation, fire and libraries. He stated the apartments are not designed to bring in children, but for young urban professionals, although the applicant has offered a percentage of cash proffer for schools. He further stated area residents Mr. and Mrs. Knabe oppose the project because of the impact it will have on the northern boundary of their property, and noted the applicant has proffered more intensive landscaping and is willing to build a four-foot berm with vegetation and plantings on top in this area. He stated the applicant is also willing to build a new driveway so the Knabes can access the subject property rather than accessing their property at the intersection of Winterfield Road. He further stated the applicant is downzoning a C-5 area to C-3 and will provide a substantial aesthetic improvement in the area.

Mr. Scott Parker, landscape architect with Design Works, provided photographs of the design for the proposed Winterfield Village development. He stated the mixed uses and outdoor spaces will promote a pedestrian network. He further stated that placing buildings close to the edges of both Winterfield Road and Midlothian Turnpike will define the edges and redesign those streets.

Mr. Miller called for public comment.

Ms. Marie Strack, a member of the Midlothian Village Coalition, stated she supports the proposed development, indicating that it follows the essence of the Midlothian Village Plan .

Mr. Peppy Jones stated the proposed development is beautifully designed and will greatly enhance the Village of Midlothian. He requested that the Board support the proposal.

Mr. Gordon Meyer, a member of the Midlothian Development Committee, commended the developer for an extraordinarily designed project and stated he supports the proposed development.

Ms. Amy Satterfield, a member of the Midlothian Village Coalition and representative of the Salisbury Homeowners Association, stated she wholeheartedly supports the proposed development.

Ms. Marleen Durfee, representing the Task Force for Responsible Growth, stated she is glad to see that citizens are getting together with the development community to envision the type of development they desire, indicating that she supports the proposed development.

Mr. Bryan Buniva, representing William and Catherine Knabe, provided the Board with photographs of the Knabe property where the couple has lived since 1949 and stated the Knabes are concerned about the development north of their property. He further stated the Knabes are grateful to the applicant for agreeing to create an ingress and egress through the developer's property and to create a visual buffer. He expressed concerns relative to the overall density of the proposed development and stated the Knabes' greatest fear was that the county could condemn their property for road improvements, indicating that the developer has proffered a condition that would address this concern. He stated he was advised today that after the road improvements at the Winterfield/Midlothian intersection are completed, the curb and gutter will be 14 feet from the Knabe household, creating more of a dangerous situation. He requested that guardrails be extended to provide protection from the additional traffic. He noted the proposal includes a substantial relaxation of the minimum protections and density requirements that currently exist in the county's ordinance for C-3 zoning. He expressed concerns that the proposed development will generate approximately 18,000-20,000 additional vehicles per day, which will create added traffic gridlock in the Midlothian area. He stated the proposed development will eliminate the 50-foot setback on Midlothian Turnpike as well as the 25-foot setback on Winterfield Road and reduce the number of parking spaces required under the existing ordinance. He expressed concerns that the Knabes will be significantly impacted because of the density of the proposed development. He stated the zoning ordinance allows a decrease in minimum lot requirements provided the open space and land is equivalent to that by which each residential lot or building site has been diminished, and inquired whether the proposal includes such an equivalency reduction, indicating that the applicant is eliminating ten acres from the minimum 20-acre requirement for multi-family zoning; doubling the residential density; increasing the density in the buildings from ten to 25 units per floor; eliminating 25-foot setbacks from public driveways; and narrowing public access roads. He provided the Board with a topography map of the property depicting a lake, which is a perennial stream, indicating that 100 feet on either side must be a protected conservation area according to the Chesapeake Bay Preservation Ordinance. He expressed concerns that the proposal includes restaurants and other amenities on the western boundary of the lake and noted that this should be adjusted according to the provisions of the ordinance. He requested that entertainment from the establishments on the western side of the lake be restricted to inside the buildings and that the noise not be allowed to emanate past the boundaries of the property. He stated he believes the proposal represents too much development for too small of an area, and requested that the Board consider downscaling the proposal.

Mr. Shewmake stated the existing ordinances are not designed for the type of new urbanism proposed; therefore the applicant must use the Conditional Use Planned Development process. He noted the lake on the property is not a perennial stream and, therefore, would not be subject to the Chesapeake Bay Preservation Ordinance.

There being no one else to speak to the request, the public hearing was closed.

Mr. Barber stated, although he is sympathetic to the Knabes' concerns, he believes the applicant has provided numerous protections for the Knabe property. He further stated he is excited about the design of the proposal as well as the community support. He stated the proposal will include the first step of realigning and straightening a dangerous portion of Winterfield Road, indicating that he feels the proposal will serve the greater good of the community.

Mr. Barber then made a motion, seconded by Mrs. Humphrey, for the Board to approve Case 03SN0316.

Mrs. Humphrey stated the proposed development will revitalize the vacant shopping center and recharge the Midlothian Village. She commended members of the Midlothian Village Coalition for their efforts in preserving the Midlothian Village.

Mr. Miller called for a vote on the motion of Mr. Barber, seconded by Mrs. Humphrey, for the Board to approve Case 03SN0316 subject to the following conditions:

1. The Textual Statement dated 4/8/04 as revised 4/9/04 and 5/24/04 shall be considered the Master Plan. (P)

2. Except as outlined in the Textual Statement, where the standards outlined in Exhibit A conflict with the standards of the Zoning Ordinance the more strict or higher standards shall apply. (P)

And, further, the Board accepted the following proffered conditions:

1. Public water and wastewater . The public water and wastewater systems shall be used. (U)

2. Tenant size . With the exception of one tenant, no tenant shall exceed 50,000 square feet of gross floor area. Provided further, in no event shall a tenant exceed 68,000 square feet of gross floor area. (P)

3. Access Easement . Prior to any site plan approval, an access easement acceptable to the Chesterfield (“Transportation Department”) shall be recorded from Winterfield Road and/or from Midlothian Turnpike as determined by the Transportation Department, across the property to permit vehicular and pedestrian access to the Knabe parcel identified as Tax ID 725-709-7211. (T)

4. Access Winterfield . Direct access from the property to Winterfield Road shall be limited to one (1) entrance/exit. The exact location of this access shall be approved by the Transportation Department. (T)

5. Access Midlothian Turnpike . Direct access from the property to Midlothian Turnpike shall be limited to three (3) entrances/exits. The easternmost access shall be located towards the eastern property line, and shall be limited to right-turns-in and right-turns-out only. The middle access shall align the existing crossover on Midlothian Turnpike located approximately 900 feet west of the Winterfield Road/LeGordon Drive intersection, and shall be limited to left and right-turns-in and right-turns-out only. The westernmost access shall be located at the western property line, and shall generally align the existing crossover on Midlothian Turnpike located approximately 1,700 feet west of the Winterfield Road/Le Gordon Drive intersection. The exact location of these accesses shall be approved by the Transportation Department. (T)

6. Timbering Restriction . 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 have been installed. (EE)

7. Burning Ban . The developer shall not use burning to clear or timber the subject properties. (F)

8. Transportation Improvements . To provide an adequate roadway system at the time of complete development, the Developer shall be responsible for the following improvements. The exact length and design of the following improvements shall be approved by the Transportation Department:

a. Construction of additional pavement along the westbound lanes of Midlothian Turnpike at both the middle and westernmost access to Midlothian Turnpike, and at the Winterfield Road intersection to provide separate right turn lanes.

b. Construction of additional pavement along the eastbound lanes of Midlothian Turnpike at the existing crossover that serves the westernmost access to provide adequate dual left turn lanes.

c. Construction of additional pavement along the eastbound lanes of Midlothian Turnpike at the existing crossover that serves the middle access to provide an adequate left turn lane.

d. Construction of a large raised median in the middle access onto Midlothian Turnpike to restrict left turns out of the property.

e. Construction of an additional westbound lane of pavement along Midlothian Turnpike from Winterfield Road, across the property, to the western property line.

f. Construction of a six (6) lane divided typical section (i.e., two (2) northbound lanes and four (4) southbound lanes) for the westernmost access at its intersection with Midlothian Turnpike.

g. Construction of a four (4) lane typical section (i.e., one (1) northbound lane and three (3) southbound lanes) for Winterfield Road at its intersection with Midlothian Turnpike.

h. Construction of a traffic island/circle in Winterfield Road at the approved access, if approved by the Transportation Department and VDOT. In the event a traffic island/circle is not approved for the Winterfield Road access, additional pavement shall be constructed along Winterfield Road at the approved access to provide left and right turn lanes.

i. Relocation of the ditch to provide an adequate shoulder along the west side of Winterfield Road for the entire property frontage.

j. Full cost of traffic signalization of the westernmost site access/Midlothian Turnpike intersection and full cost of traffic signal modification at the Winterfield Road/Le Gordon Drive/Midlothian Turnpike intersection, if warranted as determined by the Transportation Department.

k. Dedication to Chesterfield County, free and unrestricted, of any additional right-of-way (or easements) required for the improvements identified above. In the event the developer is unable to acquire any “off-site” right-of-way that is necessary for any improvement identified above, except for the right-of-way along Winterfield Road that is required from the Knabe parcel identified as Tax I.D. 725-709-7211 adjacent to any existing dwelling, and generally in an area from Midlothian Turnpike north for a distance of approximately 200 feet (the “Area”), 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 only be required to provide road improvement within available right-of-way as determined by the Transportation Department. The developer shall not be relieved of providing the right-of-way or road improvements within the Area along Winterfield Road. (T)

9. Phasing . Prior to any site plan approval, a phasing plan for the required road improvements, as identified in Proffered Condition 8 shall be submitted to and approved by the Transportation Department. The approved phasing plan shall require, among other things, that in conjunction with any development with sole access to Winterfield Road, all the road improvements along Winterfield Road and the right turn lane along Midlothian Turnpike at the Winterfield Road intersection as identified in Proffered Conditions 8.a., g., h., i. and j. shall be completed as determined by the Transportation Department except to the extent the County chooses not to assist in the acquisition of “off-site” right-of-way as set forth in 8(k); and in conjunction with any development with access to Midlothian Turnpike, all road improvements as identified in Proffered Condition 8 shall be completed as determined by the Transportation Department except to the extent the County chooses not to assist in the acquisition of “off-site” right-of-way as set forth in 8(k). (T)

10. Prior to any site plan approval, thirty-five (35) feet of right-of-way along the west side of Winterfield Road, measured from the centerline of that part of Winterfield Road immediately adjacent to the property, shall be dedicated, free and unrestricted, to and for the benefit of the County. (T)

11. Prior to any site plan approval, a plan with sufficient design information, as determined by the Transportation Department, for the improvement of Winterfield road north to the Southern Railroad crossing on Winterfield Road in the same general location as the current railroad crossing shall be submitted to and approved by the Transportation Department, and any additional right of way, based on the approved plan, shall be dedicated, free and unrestricted, to and for the benefit of the County. (T)

12. The maximum density of the development shall be 300,000 square feet of shopping Center, 10,000 square feet of general office, 18,000 square feet of high turnover (sit-Down) restaurant and 251 apartment units, or equivalent densities as approved by the Transportation Department. (T)

13. Residential density . There shall be a maximum of two hundred fifty-one (251) dwelling units. Provided further, a maximum of ten (10) of those dwelling units may contain more than two (2) bedrooms, but in no event shall any dwelling unit contain more than three (3) bedrooms. (P)

(STAFF NOTE: STAFF WILL ONLY ENSURE THAT THE PROJECT IS DESIGNED TO MEET THE BEDROOM REGULATIONS. FUTURE CONVERSION OF A DEN OR LIVING AREA TO A BEDROOM WILL NOT BE PROHIBITED.)

14. Cash proffers . Except and unless otherwise provided herein, the applicant, subdivider or assignee(s) shall pay the following to the County of Chesterfield prior to the issuance of dwellings building permit for infrastructure improvements within the service district for the property:

a. $5,025 per dwelling unit, if paid prior to July 1, 2003; or

b. The amount approved by the Board of Supervisors not to exceed $5,025 per dwelling unit adjusted upward by any increase in the Marshall and Swift Building Cost Index between July 1, 2002, and July 1 of the fiscal year in which the payment is made if paid after June 30, 2003. At the time of payment, the $5,025 will be allocated pro-rata among the facility costs as follows: $3,547 for transportation, $598 for parks and recreation, $324 for libraries, $346 for fire stations, and $210 for schools.

c. To the extent the cash payment is not used for the purpose for which proffered within 15 years of receipt, the unused cash shall be returned in full to the payor. (B&M)

15. Architectural treatment . The architectural treatment of the buildings shall be compatible and consistent with the graphic identified as Exhibit A. (P)

16. Design Guidelines . The site shall be designed as generally depicted on Exhibit C and in accordance with Exhibit A. However, the exact location of buildings and parking may be modified provided that the general intent of the plan is maintained with respect to creating a pedestrian environment centered around a main street as described in Proffered Condition 21; buildings “fronting” Midlothian Turnpike and Winterfield Road with no parking or driveways located between the buildings and the roads; uses having a focal point centered around the pond described in Proffered Condition 12; and landscaping in a manner that enhances the pedestrian environment. Commercial buildings adjacent to Midlothian Turnpike and Winterfield Road shall have a traditional storefront design with display windows. (P)

(STAFF NOTE: COPIES OF THE DESIGN GUIDELINES ARE AVAILABLE IN THE PLANNING DEPARTMENT.)

17. Pond . To the extent allowed by law and governmental regulations, the existing pond located on Tax IDs 724-709-7661 and 725-709-1125 shall substantially remain and shall be incorporated into the development as an aesthetic amenity. Provided, however, this does not prohibit the redesign or reconfiguration of the pond so long as the pond substantially remains in tact and is used as an aesthetic amenity. (EE)

18. Perimeter non-residential buildings . All non-residential buildings on the perimeter of the project along Winterfield Road and Midlothian Turnpike shall be no more than two and one half stories and shall be designed and constructed consistent with a pedestrian scale development. (P)

19. Dwelling units . Any dwelling units shall be located generally east of the pond located on Tax IDs 724-709-7661 and 725-709-1125 as generally depicted on Exhibit C. Any residential building on the perimeter of the project along Winterfield Road shall be a maximum of two (2) stories for any portion of the building that is within ninety-five (95) feet of the centerline of Winterfield Road. Provided, further, in no event shall any residential building exceed three (3) stories. (P)

20. Clubhouse and pool . Prior to the certificate of occupancy for more than one hundred (100) dwelling units, a clubhouse shall be constructed that shall contain a minimum of five thousand (5,000) gross square feet. Provided further, any sales office within the clubhouse shall not exceed twenty-five (25) percent of the clubhouse's gross square footage. (P)

21. Sidewalks . Sidewalks, and crosswalks where necessary, shall be constructed along the west side of Winterfield Road and north side of Midlothian Turnpike for the entire length of the subject properties adjacent to such roads. If located within the VDOT right of way, the sidewalks and crosswalks shall be constructed to required VDOT standards and materials. Sidewalks shall be a minimum of five (5) feet in width and, if located outside of the right of way, constructed of decorative materials. There also shall be an internal system of sidewalks and crosswalks in the development constructed of decorative materials. Street Trees shall be planted adjacent to Midlothian Turnpike and Winterfield Road. (P & T)

22. Lighting . Along the perimeter of the development adjacent to Winterfield Road and Midlothian Turnpike, pedestrian scale light fixtures shall be installed with a design consistent with the Midlothian Village Guidelines and spaced as may be approved at time of site plan review. The project shall also have an internal system of outdoor lighting, consistent with the pedestrian scale of the development, except as may be approved at time of site plan review. (P)

23. Prohibited Uses and Restrictions West of the Pond . Automobile dealerships, funeral homes or mortuaries, and hospitals shall be prohibited. Uses adjacent to the western side of the pond as generally depicted on Exhibit C shall be limited to restaurant limited to restaurant, cocktail lounges and nightclubs. (P)

24. Winterfield Entrance Uses East of the Pond . Uses east of the pond as generally depicted on Exhibit C shall be limited to those uses permitted by right or with restrictions in the O-2 and C-2 Districts, except as further allowed or restricted herein. Fast food restaurants shall be permitted except there shall be no drive-thru. Further, the first floor of that portion of the building adjacent to and fronting the north side of the Winterfield Road entrance shall be limited to those uses permitted by right or with restrictions in the C-2 District. Provided further, that portion of the building fronting the Winterfield Road entrance shall contain at least two stories and the floors above the first story shall be limited to those uses permitted by right or with restrictions in the R-MF District. The remaining portion of the property north of the Winterfield Road entrance shall be restricted to those uses permitted by right or with restrictions in the R-MF District. (P)

25. Main Street . The center entrance into the development from Midlothian Turnpike shall be designed as a “main street.” To accomplish this, the design of the main street shall include:

a. A two (2) drive lane street section with two (2) angled parking lanes, starting an adequate distance from Midlothian Turnpike, as determined by the Transportation Department.

b. Sidewalks measuring twelve (12) to fifteen (15) feet in width on each side of the street.

c. Street trees on each side of the street spaced approximately thirty (30) feet on center.

d. Pedestrian scale ornamental street lights located between the street trees.

e. A minimum of 20,000 square foot “village green” area designed to serve as a gathering place alongside the main street and located at a strong pedestrian node.

f. The stores fronting the main street, which are generally parallel to the main street, shall have a traditional store front design with display windows and pedestrian awnings. (P)

Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.

Mr. Miller excused himself from the meeting.

04SN0157 (Amended)

In Matoaca Magisterial District, DOUGLAS R. AND SUSAN S. SOWERS request rezoning and amendment of zoning district map from Agricultural (A) to Residential (R-12) with Conditional Use Planned Development to permit exceptions to Ordinance requirements. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for single family residential use of 2.0 to 2.2 units per acre or less. This request lies on 80.8 acres fronting approximately 3,230 feet on the north line of Beach Road, also fronting approximately 530 feet on the east line of Baldwin Creek Road and located in the northeast quadrant of the intersection of these roads. Tax IDs 707-660-8583 and 709-662-5658 (Sheet 23).

Ms. Rogers presented a summary of Case 04SN0157 and stated the Planning Commission and staff recommend approval subject to conditions and acceptance of the proffered conditions. She noted the request conforms to the Upper Swift Creek Plan .

Mr. Oliver “Skitch” Rudy, representing the applicant, stated the recommendation is acceptable.

Mr. Barber called for public comment.

No one came forward to speak to the request.

Mr. Miller returned to the meeting.

After brief discussion, on motion of Mrs. Humphrey, seconded by Mr. King, the Board approved Case 04SN0157 subject to the following conditions:

1. The Textual Statement, dated March 5, 2004, shall be considered the master plan. (P)

2. In conjunction with the initial tentative subdivision plan review, an overall plat shall be submitted for the residential portion of this request depicting the acreages for that property which does and does not drain to the Swift Creek Reservoir for the purpose of confirming overall project densities. (P)

And, further, the Board accepted the following proffered conditions:

The Owners-Applicants in this zoning case, pursuant to Section 15.2-2298 of the Code of Virginia (1950 as amended) and the Zoning Ordinance of Chesterfield County, for themselves and their successors or assigns, proffer that the development of the properties known as Chesterfield County Tax IDs 709-662-5658-00000 and 707-660-8583-00000 (the “Property”) under consideration will be developed according to the attached Textual Statement and the following conditions if, and only if, the rezoning requests for R-12 as set forth in the above heading and the application filed herein is granted. In the event the request is denied or approved with conditions not agreed to by the Owners-Applicants, these proffers and conditions shall be immediately null and void and of no further force or effect.

1. (a) 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.

(b) Drainage . In order to ensure that the drainage on the property is adequately handled, the Applicant proffers to: (i) replace all culvert pipes under Beach Road and/or Baldwin Creek Road to ensure adequate size to handle the ultimate upstream drainage area, or (ii) retain water onsite so that the existing pipes remain adequate, or (iii) a combination of (i) and (ii) above. (EE)

2. Utilities .

(a) Public water shall be used.

(b) Public wastewater gravity sewer shall be used.

(c) Prior to the issuance of the first building permit for each tentative subdivision plat or prior to the issuance of a building permit for each site plan approved for the Property, the developer shall make payment to Chesterfield County in the amount of $200.00 per acre for that particular plat or plan as a contribution towards the expansion of the Dry Creek Wastewater Pump Station. The total contribution shall be based on the total acreage served by the public wastewater system. (U)

3. Transportation .

(a) In conjunction with recordation of the initial subdivision plat or prior to any site plan approval, whichever occurs first, forty-five (45) feet of right-of-way along the north side of Beach Road (State Route No. 655), measured from the centerline of that part of Beach Road immediately adjacent to the property, shall be dedicated, free and unrestricted, to and for the benefit of Chesterfield County.

(b) A revised centerline for the realignment of Baldwin Creek Road at its intersection with Beach Road shall be submitted to and approved by this Transportation Department. In conjunction with recordation of the initial subdivision plat or prior to any site plan approval, whichever occurs first, forty-five (45) feet of right-of-way along the east side of Baldwin Creek Road (State Route No. 730), measured from the approved revised centerline of that part of Baldwin Road immediately adjacent to the entire property, shall be dedicated, free and unrestricted, to and for the benefit of Chesterfield County.

(c) No direct access shall be provided from the property to Baldwin Creek Road.

(d) Direct access from the property to Beach Road shall be limited to no more than three (3) public roads. The westernmost access to Beach Road shall be located approximately 750 feet from the approved revised alignment of the Baldwin Creek Road intersection as described in Proffered Condition 3(b). The exact location of these accesses shall be approved by the Transportation Department.

(e) To provide an adequate roadway system, the developer shall be responsible for the following improvements:

(i) Construction of additional pavement along Beach Road at each approved access to provide left and right turn lanes, if warranted, based on Transportation Department standards.

(ii) Widening/improving the north side of Beach Road and the east side of Baldwin Creek Road to an eleven (11) foot wide travel lane, measured from the centerline of the roads, with an additional one (1) foot wide paved shoulder plus a seven (7) foot wide unpaved shoulder, with modifications approved by the Transportation Department, for the entire property frontage.

(iii) 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 the right of way necessary for the road improvements as described above, the Developer may request in writing, the County to 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 be required only to provided the road improvements that can be accommodated within available rights of way as determined by the Transportation Department.

(f) Prior to any construction plan or site plan approval, whichever occurs first, a phasing plan for the required road improvements, as identified in Proffered Condition 3(e), shall be submitted to and approved by the Transportation Department. (T)

4. Age Restriction . Lots for Age-Restricted Dwelling Units shall be grouped together on a particular portion of the Property and shall not be scattered among other residential units. At the time of recordation of a subdivision plat or the approval of any site plan, the lots shall be noted age-restricted. Any Site Plan for Age Restricted Dwelling Units shall also note the restriction. (P)

5. Cash Proffer. The applicant, subdivider, or assignee(s) shall pay the following to the County of Chesterfield prior to the issuance of each building permit for infrastructure improvements within the service district for the property:

(a) The amount approved by the Board of Supervisors not to exceed $9,000.00 per dwelling unit adjusted upward by any increase in the Marshall Swift building cost index between July 1, 2003, and July 1 of the fiscal year in which the payment is made if paid after June 30, 2004.

(b) Provided, however, that if any building permits issued on the property are for senior housing, the units of which meet the occupancy requirements for "age 55 or over" housing as set forth in Section 3607 of the Fair Housing Act, 42 USC Section 3601 et seq., as amended by the Fair Housing Amendments Act of 1988, and of 24 CFR Section 100.304 in effect as of the date of the Rezoning, and which are subject to the occupancy requirements that no person under 19 shall reside in such unit, the amount approved by the Board of Supervisors, but not to exceed $4,815 per dwelling unit as adjusted upward by any increase in the Marshall and Swift Building Cost Index between July 1, 2003 and July 1 of the fiscal year in which the payment is made if paid after June 30, 2004. At the time of payment, the $4,815 will be allocated pro-rata among the facility costs as follows: $598 for parks and recreation, $324 for library facilities, $3,547 for roads, and $346 for fire stations. Payments in excess of $4,815 shall be prorated as set forth above.

(c) If any of Cash proffers are not expended for the purpose designated by the Capital Improvements Program within fifteen (15) years from the date of payment, they shall be returned in full to the payor. 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 be in addition to, any impact fees, in a manner determined by the County. (B & M)

6. Density .

(a) The total number of residential units on that portion of the property requested to be rezoned R-12 which drains to the Swift Creek Reservoir shall not exceed two (2) units per acre. (Note: The Applicant has determined that 17 acres, more or less, of said request parcel does drain to the reservoir).

(b) The total number of residential units on that portion of the property requested to be rezoned R-12 which does not drain to Swift Creek Reservoir shall not exceed 2.2 single family residential units per acre. (Note: The Applicant has determined that 63.684 Acres, more or less, does not drain to the reservoir) (P)

7. Phasing . No residential building permits shall be issued until January 1, 2007. Thereafter, a maximum of 82 residential building permits shall be issued prior to January 1, 2008, a cumulative maximum of 164 residential building permits shall be issued prior to January 1, 2009, with the remaining building permits issued after said January 1, 2009. (P)

8. Temporary sediment basins shall remain in place and/or new BMPs constructed to achieve the .22 phosphorus standard until the downstream regional BMP into which the development will drain has been constructed. (EE)

Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.

Mr. Miller requested a ten-minute recess.

Reconvening:

16. PUBLIC HEARINGS

16. A. TO CONSIDER ADOPTION OF AMENDMENTS TO THE CHESAPEAKE BAY PRESERVATION ORDINANCE

Mr. Micas stated this date and time has been advertised for a public hearing to consider adoption of amendments to the Chesapeake Bay Preservation Ordinance. He further stated the proposed ordinance addresses concerns raised by the Board at its February 11, 2004 work session, by allowing developers to hire qualified professionals to make site specific determinations; extending the exception process if there is a possibility of losing buildable lots; allowing the reconstruction of structures that may be damaged; and eliminating any provisions that were in the prior ordinance that were not mandated by the state, including the exclusion of all-terrain vehicles in resource protection areas.

Mr. Miller called for public comment.

Mr. Howard Nester, Vice President of the Chesterfield Farm Bureau, expressed concerns that the Farm Bureau did not work with staff on the proposed amendments. He stated he believes the taking of a person's land on either side of a perennial stream would ruin the property and represents condemnation without compensation.

Mr. Ellis Nester, a resident of Newbys Bridge Road, stated he believes restricting a person's use of his property is really confiscation of his property rights and is not morally correct. He urged the Board to defer a vote on the issue until such time as the land has been evaluated and each landowner knows the impact of the ordinance on their land.

Mr. Tom Faris, a resident of Liken Creek in the Dale District, expressed concerns relative to the easements that already exist on his property and stated that, if 100 feet is taken away from his property along with the easements, he will lose 18 percent of his property, although he must pay taxes on the entire property. He stated he has been growing timber for 30 days, and expressed concerns that he will not be able to get into his property and cut the timber if the ordinance is adopted.

Mr. John Cogbill, a Clover Hill District resident, stated he feels the ordinance is unfair because it only affects jurisdictions east of Interstate 95. He further stated he does not have a clear understanding of the new regulations, and he believes there is going to be a problem when landowners are not able to use their property as they thought they could. He stated he owns about an acre, and if the stream on his property is determined to be perennial, he would lose about two-thirds of his yard and the land would become useless. He suggested that the Board take its time in making a decision because of uncertainties with respect to land value. He expressed concerns that, according to the agenda item, the Attorney General has notified the county that it is the only locality in the state that has not complied with the new regulations when there are actually nine localities that have not adopted the regulations.

Discussion ensued between Mr. Miller and Mr. Cogbill relative to Constitutional prohibitions against taking land without compensation and implementation of police power for taking of land for public necessities.

Mr. Warren stated he shares many of the concerns raised by Mr. Cogbill and is troubled by the definitions being presented in the ordinance amendments as well as understanding the impact of the amendments on private property.

Mr. Cogbill stated he believes ambiguities exist in the ordinance and there are risks involved with moving forward.

Mr. Roger Habeck, Bermuda District resident, expressed concerns relative to the ambiguities in definitions and differences between the law, the ordinances and the guidelines. He expressed concerns that upstream circumstances can cause perennial streams to become intermittent or vice versa. He stated proper review, measurement, standards and methodology must be built into the process to prevent disasters from occurring. He suggested that the Board take more time before adopting the ordinance amendments.

Mr. Preston Cooper, Co-Chairman of Hands Across the Lake, stated, although he is sympathetic to landowners, he believes perennial streams must be protected because failure to do so will lead to the demise of the Chesapeake Bay. He noted that Brandermill and Woodlake have many waterfront properties with resource protection areas, and the property values are higher than lots that are further back behind them. He stated Hands Across the Lake strongly supports the ordinance amendments and requested that Chesterfield not be one of the few counties to neglect its natural resources.

Mr. Michael Pace, a resident of Chelsea Farm, expressed concerns relative to the impact of the ordinance amendments on his property and encouraged the Board not to support the proposed amendment.

Mr. David Root, representing the Richmond Homebuilders Association, stated the issue is very complex and touches on a wide variety of concerns including legal issues. He requested that the Board defer adoption of the proposed amendments until the impact of application of the proposed ordinance is fully known.

Mr. William Shewmake, a Midlothian District resident, expressed concerns relative to the expansion of what constitutes a perennial stream. He stated the ordinance amendments could devastate the 288 Corridor, which is the county's economic engine. He expressed concerns relative to the definition of perennial and stressed the necessity for a map depicting perennial streams in the county in order to enforce the ordinance fairly. He requested that any model that is adopted dispositively state that a body of water that is perennial in a normal precipitation year will have an unceasing flow and that the definition of perennial not be expanded. He also requested that the county take a leadership role and lobby the General Assembly to clarify the proposed amendments. He stated he agrees with Mr. Cogbill that jurisdictions west of Interstate 95 should also be included in the mandate.

Mr. Bill Hastings, a Matoaca District resident, stated he supports the proposed ordinance, indicating that preservation of extensive resource protection areas is important to maintain water quality in the county and, ultimately, the Chesapeake Bay. He further stated he, too, believes the ordinance should be mandated throughout the entire Chesapeake Bay Watershed, not just jurisdictions east of Interstate 95. He stated adoption of the ordinance appears to be the prudent thing to do in order to be in compliance with state law.

Mr. George Beadles, a resident of Clover Hill District, expressed concerns that this issue has not already been brought to the General Assembly by the county.

Dr. Betty Hunter-Clapp, a resident of the Clover Hill District, stated the proposed ordinance amendments are designed to protect water throughout the state. She expressed concerns that men and women are suffering because of loss in the fishing and recreational industries. She stated she believes giving up the use of land is a worthwhile sacrifice to protect the future of our water supply.

Mr. Chris Salle, a resident of Mount Hermon Road, stated he will lose approximately 26 acres of his property if the proposed amendments are adopted. He expressed concerns that the current ordinance is not being properly enforced along the Swift Creek Reservoir.

Mr. Bryan Buniva stated he recently represented the City of Richmond in defending a Chesapeake Bay Preservation Act decision that was challenged by a developer, and the court ruled that the city did not have the power under state law and regulations to impose a resource protection area on the developer's property. He further stated the case was appealed to the Supreme Court, but the Supreme Court chose not to take it.

No one else came forward to speak to the ordinance amendments.

Mr. Warren stated that Mr. Buniva's comments reaffirmed that he is not comfortable enough with the details to adopt the proposed ordinance amendments and does not know whether the state realizes what they have imposed.

Mr. King stated, as a biology major, he cares greatly about the value of our environment and natural resources. He further stated he was elected to represent the best interest of the citizens, and he does not believe that taking their land and offering no tax relief seems fair or reasonable. He stated there must be a better alternative, and he will not support the proposed ordinance amendments.

Mrs. Humphrey stated she does not believe the ordinance amendments represent good science. She noted that Chesterfield has been a leader in the Commonwealth in addressing water quality and non-point source pollution with its phosphorous loading ordinances and stream programs. She stated she is not prepared to support the proposed amendments without a map and data relative to perennial streams in the county.

Mr. Barber expressed concerns that, as a Dillon Rule state, the county must accept what is passed by the General Assembly. He stated Board members take an oath to uphold the Constitution of the United States and the Constitution of Virginia, as well as the laws of Virginia, indicating that the Constitution says, private property cannot be taken by the government without certain direct purposes. He stated the dilemma is whether to err on the side of the law that has been passed or on the side of the Constitution we all embrace, indicating that he has issues with the ordinance amendments as they have been presented.

Mr. Miller stated, according to the Constitution, no property can be taken for a government purpose without the payment of just compensation, except in cases that demand public necessity and the government can exercise police power. He further stated he does not believe the Board should tread lightly when dealing with the protection of private property rights. He stated he does not believe the proposed ordinance amendments represent the best efforts of the state, indicating that a relatively small number of people would be burdened to benefit the larger group of people in the Commonwealth. He further stated he believes the ordinance amendments represent an unfair and unreasonable burden, and are nebulous in many ways, including the definition of perennial. He stated he is not prepared to support the ordinance and feels that it should perhaps be revisited down the road by the General Assembly.

Mr. Barber expressed concerns that the Board is being asked to adopt an ordinance that they could not explain the ramifications of to anyone.

Mr. Barber then made a motion for the Board to table consideration of the ordinance and direct staff to provide mapping of streams in the county.

Mr. Micas stated the Board's procedures require deferral to a certain date.

When asked, Mr. Ramsey stated he believes the mapping process will take longer than six months.

Mr. Barber stated he believes it is vital to communicate to the General Assembly the local impact of the proposed ordinance.

Mr. Barber then amended his motion to defer the public hearing to consider the proposed amendments to the Chesapeake Bay Preservation Ordinance until November 23, 2004 and direct staff to advise the Board regarding its progress with the mapping of county streams.

Mr. King seconded the motion.

Mr. Warren requested that Mr. Micas provide additional details to the Board relative to the court case Mr. Buniva referred to.

Mr. Miller called for a vote on the motion of Mr. Barber, seconded by Mr. King, for the Board to defer the public hearing to consider the proposed amendments to the Chesapeake Bay Preservation Ordinance until November 23, 2004 and direct staff to advise the Board regarding its progress with the mapping of county streams.

Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.

On motion of Mr. Barber, seconded by Mr. King, the Board suspended its rules at this time to consider items after 11:00 p.m.

Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.

16.B. TO CONSIDER AMENDMENTS TO THE ZONING ORDINANCE RELATING TO MOTOR VEHICLE SALES AND REPAIR IN C-3 AND C-4 ZONING DISTRICTS

Mr. William Poole stated this date and time has been advertised for a public hearing to consider amendments to the Zoning Ordinance relating to motor vehicle sales and repair in C-3 and C-4 zoning districts. He further stated staff worked with automobile dealers and the Planning Commission and drafted an alternative to the original proposal (Amendment B-1). He stated the Planning Commission recommended denial of the original proposal that would require a Conditional Use in every district and approval of Amendment B-1 that would leave motor vehicle sales as a restricted use in C-3 and C-4 districts and add an eighth restriction relative to new dealerships located within a shopping center. He further stated a minor change is being suggested to correct a grammatical error in Section 19-159(f)(8), and noted the automobile dealers support the change. He stated staff recommends approval of Amendment B-1, including the language change presented.

Mr. Miller called for public comment.

Mr. Roger Habeck, representing the Chesterfield Chamber of Commerce, stated used car lots are essential to revitalizing economic activity in depressed areas. He further stated Amendment B-1 deals with the shopping center issue and has the support of automobile dealers. He requested that the Board approve Amendment B-1.

Mr. Bill Johns, Vice President of AES Engineers, representing Richmond BMW, stated he has designed 14 of the automobile dealerships in Chesterfield County. He further stated Amendment B-1 works very well for everyone concerned and encouraged the Board to support it.

Mr. Jimmy Davis, representing Davis Auto Sales, and President of the Virginia Independent Automobile Dealers Association, stated he supports Amendment B-1. He noted the used car industry is vital to the state and county's economy.

There being no one else to speak to the ordinance amendments, the public hearing was closed.

Mr. Barber made a motion, seconded by Mr. King, for the Board to adopt Amendment B-1, including the language change.

Mr. Miler called for a vote on the motion of Mr. Barber, seconded by Mr. King, for the Board to adopt the following ordinance:

AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF
CHESTERFIELD , 1997, AS AMENDED, BY AMENDING AND
RE-ENACTING SECTION 19-159 RELATING TO MOTOR VEHICLE
REPAIR, AND MOTOR VEHICLE SALES IN C-3 AND C-4 DISTRICTS

BE IT ORDAINED by the Board of Supervisors of Chesterfield County:

(1) That Section 19-159 of the Code of the County of Chesterfield , 1997, as amended, is amended and re-enacted to read as follows:

Sec. 19-159. Uses permitted with certain restrictions.

The following uses shall be permitted in the C-3 District subject to compliance with the following conditions and other applicable standards of this chapter. If the following restrictions cannot be met, these uses may be allowed by conditional use, subject to the provisions of section 19-13:

o o o

(c) Motor vehicle repair, excluding body, major engine and transmission repair, provided that:

(1) Such use is not located in the Chester Village Area;

(2) Except as noted in subsection (3), the following conditions shall be met:

a. All such uses shall be set back a minimum of 100 feet from adjacent R, RTH, R-MF and O Districts or A Districts that are shown on the comprehensive plan for R, R-TH, R-MF or O use. This setback shall be landscaped according to section 19-522(a)(4) of the Development Standards Manual.

b. Storage yards for vehicles awaiting body repair, painting, auction or wholesale sales shall be screened from view of any adjacent properties on which such yards are not permitted or do not exist, and from external public roads or areas currently zoned agricultural and shown on the comprehensive plan for residential or office use;

c. Except for minimal repairs necessary to allow a vehicle to be moved into the service area, all allowed repair activities and storage of new or replaced repair materials shall occur inside the buildings unless screened as required by Section 19-159(h).

d. Such use is not located within a shopping center.

(3) The requirements of subsection (2) shall not apply to any motor vehicle repair facility in operation prior to May 26, 2004.

o o o

(f) Motor vehicle sales and rental, excluding commercial vehicles such as buses, tractor-trailer trucks, dump trucks, stake bed trucks, vans where the cargo area cannot be accessed from the driver's seat without exiting the vehicle and/or cab and chassis vehicles; construction equipment and motor vehicle consignment lots, and as accessory to sales and rental, service and repair, to exclude body repair, provided that:

(1) Motor vehicle service and repair is not located in the Chester Village Area as identified in Section 19-606.

(2) All such uses shall be set back a minimum of 100 feet from adjacent R, RTH, R-MF and O Districts or A Districts that are shown on the comprehensive plan for R, R-TH, R-MF or O use. This setback shall be landscaped according to section 19-522(a)(4) of the Development Standards Manual.

(3) Storage yards for vehicles awaiting body repair, painting, auction or wholesale sales shall be screened from view of any adjacent properties on which such yards are not permitted or do not exist, and from external public roads or areas currently zoned agricultural and shown on the comprehensive plan for residential or office use.

(4) All garage-type doors shall be oriented away from, or screened from view of, adjacent residential or office zoned properties, external roads or areas currently zoned agricultural and shown on the comprehensive plan for residential or office use.

(5) There shall be no elevated display of motor vehicles.

(6) Except for minimal repairs necessary to allow a vehicle to be moved into the service area, all allowed repair activities and storage of new or replaced repair materials shall occur inside the buildings unless screened as required by Section 19-159(h).

(7) Motor vehicle sales is not located in Village Districts as identified in Section 19-606.

(8) Such use is not located within a shopping center unless the use was in existence prior to May 26, 2004.

(2) That this ordinance shall become effective immediately upon adoption.

Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.

16.C. TO CONSIDER APPROPRIATION OF FUNDS FOR ROBIOUS ROAD WIDENING PROJECTS FROM SALISBURY ROAD TO TWIN TEAM LANE AND FROM TWIN TEAM LANE TOWARDS JAMES RIVER ROAD; AND AUTHORIZATION TO AWARD CONTRACT AND ENTER INTO AGREEMENTS FOR THE PROJECTS

Mr. Stith stated this date and time has been advertised for a public hearing for the Board to consider appropriation of funds for Robious Road widening projects and authorization to award the construction contract and enter into agreements for the projects.

Mr. Miller called for public comment.

No one came forward to speak to the issue.

On motion of Mr. Barber, seconded by Mrs. Humphrey, the Board appropriated $1,178,889 in cash proffers from traffic shed 2 and authorized the County Administrator to award a $1,272,800 construction contract to Richard L. Crowder Construction Company for the Robious Road Widening Project from Salisbury Road to Twin Team Lane.

And, further, the Board appropriated $913,120 in cash proffers from traffic shed 1 for widening Robious Road from Twin Team Lane towards James River Road and authorized the County Administrator to enter into the customary Virginia Department of Transportation/county/consultant/contractor, design, right-of-way acquisition, and/or construction agreements, acceptable to the County Attorney.

Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.

16.D. TO CONSIDER AN AMENDMENT TO THE ZONING ORDINANCE RELATING TO DEVELOPMENT STANDARDS FOR RETAINING WALLS IN OFFICE, COMMERCIAL AND INDUSTRIAL DISTRICTS

Mr. Doug Mawby, Senior Planner, stated this date and time has been advertised for a public hearing for the Board to consider an amendment to the Zoning Ordinance relating to development standards for retaining walls in Office, Commercial and Industrial Districts. He presented various representations of retaining walls that would be appropriate under the proposed ordinance. He stated, after input from the development community, staff is recommending that bollards spacing in Section 19-570.1(e) be changed from four (4) feet to four and one-half (4.5) feet on center, which will allow bollards to be more orderly lined up with parking spaces.

Mr. Miller called for public comment.

No one came forward to speak to the ordinance amendment.

On motion of Mr. Barber, seconded by Mr. King, the Board adopted the following ordinance:

AN ORDINANCE TO AMEND THE CODE OF THE COUNTY
OF CHESTERFIELD , 1997, AS AMENDED, BY ADDING
SECTION 19-570.1 OF THE ZONING ORDINANCE RELATING
TO DEVELOPMENT STANDARDS FOR RETAINING WALLS
IN OFFICE, COMMERCIAL AND INDUSTRIAL DISTRICTS

BE IT ORDAINED by the Board of Supervisors of Chesterfield County:

(1) That Section 19-570.1 of the Code of the County of Chesterfield , 1997, as amended, is added to read as follows:

o o o

Sec. 19-570.1. Retaining Walls.

(a) Retaining walls shall be constructed so that they are compatible in appearance with the principal structures in the development and/or the view shed in which they are located. Compatibility shall be accomplished through the use of integrated color block or other material that is similar in appearance to the primary structures or is an earth tone acceptable to the Director of Planning.

(b) Walls over ten (10) feet in height and within fifty (50) feet of, and facing, an exterior property line or public right of way shall employ landscaping along the wall base to soften the visual impact of the wall. Landscaping shall consist of any required setback planting as well as additional evergreen trees to break up large expanses of wall.

(c) Walls shall use the same setback as required for drives and parking from rights of way or property lines. When landscaping is required along the base of a wall, setbacks shall be increased, if necessary, so that a minimum ten (10) foot planting area is provided that is free from any easements, overhead or underground utilities, or other encumbrances that might prevent the installation of required landscaping.

(d) The director of planning may waive any requirements of 19-570.1(a) through 19-570.1(c) at the time of site plan review if it is determined that the visibility or impact of a wall is minimized due to its location, orientation or other conditions in the vicinity of the wall.

(e) Retaining walls four (4) feet tall and higher shall incorporate permanent fencing on the upper side of the wall, and if visible to the public, decorative fencing. Fencing shall be a minimum height of forty-eight (48) inches. If vehicle parking or drives occur on the upper side of the wall without sufficient physical impediment to a vehicle reaching the wall, at least one of the following measures shall be incorporated between the fence and the vehicle area: vehicle guardrails, earth berms at least three (3) feet high above grade on the approach side, or concrete filled steel bollards spaced four and one-half (4.5) feet on center.

(2) That this ordinance shall become effective immediately upon adoption.

Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.

In response to a question from Mr. Miller, Mr. Jacobson stated there are options for developers to provide safety along BMPs.

16.E. TO CONSIDER AN ORDINANCE TO VACATE A PORTION OF A SIXTEEN-FOOT ALLEY WITHIN BLOCK 18, PLAN OF CRESCENT PARK

Mr. Stith stated this date and time has been advertised for a public hearing for the Board to consider an ordinance to vacate a portion of a 16-foot alley within Block 18, Plan of Crescent Park.

Mr. Miller called for public comment.

No one came forward to speak to the ordinance.

On motion of Mr. King, seconded by Mrs. Humphrey, the Board adopted the following ordinance:

AN ORDINANCE whereby the COUNTY OF CHESTERFIELD, VIRGINIA, ("GRANTOR") vacates to HOME INVESTMENTS, L.L.C., ("GRANTEE"), a portion of a 16' alley within Block 18, Plan of Crescent Park, BERMUDA Magisterial District, Chesterfield County, Virginia, as shown on a plat thereof duly recorded in the Clerk's Office of the Circuit Court of Chesterfield County in Plat Book 4, at Page 110.

WHEREAS, HOME INVESTMENTS, L.L.C., petitioned the Board of Supervisors of Chesterfield County, Virginia to vacate a portion of a 16' alley within Block 18, Plan of Crescent Park, BERMUDA Magisterial District, Chesterfield County, Virginia more particularly shown on a plat of record in the Clerk's Office of the Circuit Court of said County in Plat Book 4, Page 110, by J. TEMPLE WADDILL, dated JANUARY 10, 1928. The portion of alley petitioned to be vacated is more fully described as follows:

A portion of a 16' alley, Block 18, Plan of Crescent Park, the location of which is more fully shown on a plat made by POTTS, MINTER AND ASSOCIATES, P.C., dated MARCH 11, 2004, a copy of which is attached hereto and made a part of this Ordinance.

WHEREAS, notice has been given pursuant to Section 15.2-2204 of the Code of Virginia , 1950, as amended, by advertising; and,

WHEREAS, no public necessity exists for the continuance of the portion of alley sought to be vacated.

NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF SUPERVISORS OF CHESTERFIELD COUNTY, VIRGINIA:

That pursuant to Section 15.2-2272 of the Code of Virginia , 1950, as amended, the aforesaid portion of alley be and is hereby vacated.

GRANTEE hereby conveys unto the GRANTOR and GRANTOR hereby reserves a 16' wide drainage easement over the entire portion of the 16' alley hereby vacated.

This Ordinance shall be in full force and effect in accordance with Section 15.2-2272 of the Code of Virginia , 1950, as amended, and a certified copy of this Ordinance, together with the plat attached hereto shall be recorded no sooner than thirty days hereafter in the Clerk's Office of the Circuit Court of Chesterfield County, Virginia pursuant to Section 15.2-2276 of the Code of Virginia , 1950, as amended.

The effect of this Ordinance pursuant to Section 15.2-2274 is to destroy the force and effect of the recording of the portion of the plat vacated. This Ordinance shall vest fee simple title to the centerline of the portion of alley hereby vacated in the owner of Lots 25 and 26, Block 18, within Plan of Crescent Park free and clear of any rights of public use.

Accordingly, this Ordinance shall be indexed in the names of the COUNTY OF CHESTERFIELD as GRANTOR, and HOME INVESTMENTS, L.L.C., or its successors in title, as GRANTEE.

Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.

16.F. TO CONSIDER AN ORDINANCE TO VACATE A PORTION OF A FORTY-FOOT RIGHT OF WAY KNOWN AS MID CITY ROAD WITHIN MID CITY FARMS SUBDIVISION

Mr. Stith stated this date and time has been advertised for a public hearing for the Board to consider an ordinance to vacate a portion of a 40-foot right of way known as Mid City Road within Mid City Farms Subdivision.

Mr. Miller called for public comment.

No one came forward to speak to the ordinance.

On motion of Mr. Warren, seconded by Mrs. Humphrey, the Board adopted the following ordinance:

AN ORDINANCE whereby the COUNTY OF CHESTERFIELD, VIRGINIA, ("GRANTOR") vacates to FOREST LAKE ASSOCIATES, L.L.C., a Virginia limited liability company, ("GRANTEE"), a portion of a 40' right of way known as Mid-City Road located in Mid-City Farms Subdivision, BERMUDA Magisterial District, Chesterfield County, Virginia, as shown on plats thereof duly recorded in the Clerk's Office of the Circuit Court of Chesterfield County in Plat Book 3, at Pages 242 and 243, and Plat Book 4, Pages 98 and 99.

WHEREAS, FOREST LAKE ASSOCIATES, L.L.C., a Virginia limited liability company, petitioned the Board of Supervisors of Chesterfield County, Virginia to vacate a portion of a 40' right of way known as Mid-City Road located in Mid-City Farms Subdivision, BERMUDA Magisterial District, Chesterfield County, Virginia more particularly shown on plats of record in the Clerk's Office of the Circuit Court of said County in Plat Book 3, at Pages 242 and 243, and Plat Book 4, Pages 98 and 99. The easement petitioned to be vacated is more fully described as follows:

A portion of a 40' right of way known as Mid-City Road located in Mid-City Farms Subdivision, the location of which is more fully shown on a plat made by TIMMONS GROUP, dated MAY 12, 2004, a copy of which is attached hereto and made a part of this Ordinance.

WHEREAS, notice has been given pursuant to Section 15.2-2204 of the Code of Virginia , 1950, as amended, by advertising; and,

WHEREAS, no public necessity exists for the continuance of the right of way sought to be vacated.

NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF SUPERVISORS OF CHESTERFIELD COUNTY, VIRGINIA:

That pursuant to Section 15.2-2272 of the Code of Virginia , 1950, as amended, the aforesaid right of way be and is hereby vacated.

This Ordinance shall be in full force and effect in accordance with Section 15.2-2272 of the Code of Virginia , 1950, as amended, and a certified copy of this Ordinance, together with the plat attached hereto shall be recorded no sooner than thirty days hereafter in the Clerk's Office of the Circuit Court of Chesterfield County, Virginia pursuant to Section 15.2-2276 of the Code of Virginia , 1950, as amended.

The effect of this Ordinance pursuant to Section 15.2-2274 is to destroy the force and effect of the recording of the portion of the plat vacated. This Ordinance shall vest fee simple title to the centerline of the portion of right of way hereby vacated in the abutting property owners, within Mid-City Farms Subdivision, free and clear of any rights of public use subject to the resubdivision of the lots adjacent to the portion of Mid-City Road hereby vacated

Accordingly, this Ordinance shall be indexed in the names of the COUNTY OF CHESTERFIELD as GRANTOR, and FOREST LAKE ASSOCIATES, L.L.C., a Virginia limited liability company, or its successors in title, as GRANTEE.

Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.

16.G. TO CONSIDER THE LEASING OF COUNTY PROPERTY AT THE MIDLOTHIAN WATER TANK AND ENON TOWER

Mr. Stith stated this date and time has been advertised for a public hearing for the Board to consider the leasing of county property at the Midlothian Water Tank and Enon Tower.

Mr. Miller called for public comment.

No one came forward to speak to the issue.

On motion of Mr. King, seconded by Mr. Barber, the Board approved the leasing of county property at the Midlothian Water Tank and Enon Tower to Nextel Communications.

Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.

17. REMAINING MOBILE HOME PERMITS AND ZONING REQUESTS

There were no mobile home permits or zoning requests remaining at this time.

18. ADJOURNMENT

On motion of Mr. Barber, seconded by Mr. King, the Board adjourned at 12:28 a.m. until June 23, 2004 at 3:00 p.m.

Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.

__________________
Lane B. Ramsey
County Administrator

___________________________
Kelly E. Miller
Chairman