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Chesterfield Officials

BOARD OF SUPERVISORS

MINUTES

May 23 , 2007

Supervisors in Attendance:

Mr. Kelly E. Miller, Chairman

Mrs. Renny B. Humphrey, Vice Chairman

Mr. R.M. "Dickie" King, Jr.

Mr. Donald D. Sowder

Mr. Arthur S. Warren

Mr. Lane B. Ramsey, County Administrator

Staff in Attendance:

Colonel Carl R. Baker, Police Department

Mr. George Braunstein, Exec. Dir., Community Services Board

Mr. Kevin Bruny, Dean Chesterfield University

Mr. Allan Carmody, Dir., Budget and Management

Ms. Jana Carter, Dir., Juvenile Services

Ms. Marilyn Cole, Asst. County Administrator

Mr. Roy Covington, Dir., Utilities

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

Mr. Charles Dane, Dir., External Services

Mr. Will Davis, Dir., Economic Development

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

Ms. Lisa Elko, CMC, Clerk

Ms. Karla Gerner, Dir., Human Resource Mgmt.

Mr. Michael Golden, Dir., Parks and Recreation

Mr. John W. Harmon, Right-of-Way Manager

Mr. Thomas E. Jacobson, Dir., Revitalization

Ms. Kathryn Kitchen, Asst. Supt. of Schools for Business and Finance

Ms. Mary Lou Lyle, Dir., Accounting

Chief Paul Mauger, Fire Department

Mr. R. John McCracken, Dir., Transportation

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

Mr. Steven L. Micas, County Attorney

Mr. Francis Pitaro, Dir., General Services

Ms. Sarah Snead, Dir., Social Services

Mr. James J. L. Stegmaier, Deputy Co. Admin., Management Services

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

Mr. Kirk Turner, Dir., Planning

Mr. Miller called the regularly scheduled meeting to order at 3:04 p.m.

1. APPROVAL OF MINUTES FOR APRIL 25, 2007

On motion of Mr. King, seconded by Mrs. Humphrey, the Board approved the minutes of April 25, 2007, as submitted.

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

2. COUNTY ADMINISTRATOR'S COMMENTS

2.A. REPORT FROM SUBSTANCE ABUSE FREE ENVIRONMENT, INCORPORATED

Mr. Wayne Frith, Executive Director of Substance Abuse Free Environment, Incorporated (SAFE) introduced Ms. Kate Doyle, a senior at James River High School and Chair of the Underage Drinking Task Force, to provide details of the task force’s report.

Ms. Doyle stated the task force was created as a result of responses to a survey that was distributed to students in grades 8-12 to learn about the issue of underage drinking. She provided details of the alarming results of an informal questionnaire distributed by the task force at youth events sponsored by the county and of compliance checks performed at local businesses by underage members of the task force. She also provided details of her personal experiences while participating in underage compliance checks.

Mr. Frith stated the intent of the task force’s recommendations is to create an environment so that it perfectly clear to every retail merchant, every citizen, and every young person in Chesterfield County, that there is an attitude of intolerance toward underage drinking. He then reviewed the recommendations of the task force: 1) build partnerships with county merchants to determine how to reduce the sale of alcohol to underage buyers; 2) explore ways to increase accountability for adults; 3) find ways to communicate information to the Police Department about the sale of beer in kegs; 4) explore programs that would discourage underage drinking on weekends; 5) continue to gather information from the youth population regarding the issue; and 6) continue to partner with the Police Department with underage compliance checks. He invited Board members to assist SAFE in addressing the recommendations of the task force.

In response to Mr. King’s questions, Mr. Frith stated the Virginia Alcoholic Beverage Control Board partnered with SAFE in this effort by providing the funding for the entire project. He further stated the ABC Board administers compliance checks to merchants that are randomly selected from a computer database. He stated SAFE is proposing to collect information for targeted underage compliance checks. He further stated the ABC Board has determined that the rate of noncompliance in Chesterfield is better than the state average.

Mr. King suggested an advertisement listing the merchants who are not in compliance and offered to assist SAFE in any way that he can.

Mr. Warren congratulated Mr. Frith on SAFE’s efforts in the area of underage drinking awareness.

Discussion ensued relative to an incident and pending lawsuit in Henrico County that has raised community awareness of the issue of underage drinking and penalties associated with it.

Mr. Miller applauded SAFE’s efforts. He expressed concerns relative to children seeing their parents drinking in the home, the glorification of drinking through entertainment, and colleges and universities not punishing students for drinking.

Mr. Frith stated SAFE is very much aware that parents send the strongest message about drinking, and this is the greatest audience that the task force wants to reach. He further stated parents should understand that, although alcohol is seen as a recreational supplement, it is, in fact, a dangerous and addictive drug.

Mr. Ramsey commended Mr. Frith and the SAFE Board for focusing on what can be done in the county to address the underage drinking issue.

2.B. CHESTERFIELD COUNTY’S SECOND ANNUAL ENVIRONMENTAL FAIR PRESENTATION

Mr. Pitaro provided details of the success of the county’s second annual Environmental Fair held on April 21, 2007 inside Chesterfield Towne Center. He stated 267 residents recycled 26,000 pounds of electronics equipment at the fair, and ten residents signed up for the Adopt-A-Spot Program.

“Clarabelle Clean-Up” (Ms. Pam Cooper) presented Board members with mementos from the fair with environmental messages.

2.C. RECOGNITION OF FOSTER CARE MONTH AND A PRESENTATION ON PRIDE

Ms. Snead informed the Board that May has been designated as “Foster Care Month” in Virginia. She introduced Mr. Scott Gilchrist, Permanency Team Supervisor, to provide details of the county’s Foster Care Program. She expressed appreciation to all of the county’s foster parents for their caring and dedication.

Mr. Gilchrist provided details of the county’s Foster Care Program. He stated the average population in foster care in Chesterfield and Colonial Heights is currently 150-160 children. He reviewed foster care population by age and by placement. He provided details of the Adoption and Safe Families Act of 1997. He discussed PRIDE (Parent Resources for Development and Education) training and foster/resource family competencies. He reviewed predictors of increasing reunification; PRIDE requirements; the PRIDE curriculum; and Year 2006 PRIDE training results.

Mr. Miller commended Mr. Gilchrist on his dedication to the children of Chesterfield County.

UPPER SWIFT CREEK PLAN AMENDMENT CLARIFICATION

Mr. Ramsey referenced a recent newspaper article, which indicated that the proposed Upper Swift Creek Plan includes higher taxes. He clarified that the Plan in its current draft does not include a recommendation for creating a transportation district in the Upper Swift Creek area.

Mr. Turner came forward and stated the Plan does not include a recommendation for a tax rate increase to support transportation improvements. He further stated, in preparing a comprehensive plan, staff performs background investigation and discussions with Planning Commissioners and residents of the community regarding their vision for the plan, which is captured in supplements. He noted that there is a package of supplements that accompanies the Upper Swift Creek Plan documenting all of the background work that staff has done, some of which is recommended in the Plan and some of which is not. He reiterated that, in this case, the Plan does not include a recommendation for a tax district or a tax rate increase.

GODSPEED EVENT UPDATE

Ms. Dickson provided details of the success of the Godspeed event at Henricus Park. She stated between 15,000-18,000 people visited Henricus during the four days the Godspeed was at the park. She further stated approximately 1,000 school children from Henrico and Chesterfield visited the park on Monday and Tuesday. She stated the attendance was astounding at Henricus Park, which has been described by Ms. Pauline Mitchell, Chairman of the Henricus Board, as “the region’s best kept secret.” She noted that at the same time the county was hosting these visitors, it also hosted a five-member government delegation from Gravesham, England and 16 members of the Gravesham twinning delegation. She expressed appreciation to the Henricus Foundation, Chesterfield’s partners at Henrico County, Dominion Virginia Power and Chesterfield County employees, and host families for their support of these events.

Mr. Warren stated the event was fantastic, and staff participation was overwhelming. He inquired whether there are any future plans for schoolchildren to experience the history of Chesterfield County and of the Native Americans.

Mr. Ramsey stated schoolchildren from the region routinely visit Henricus. He further stated this event has increased the awareness of Henricus Park, and he expects to see many more schoolchildren visiting Henricus on field trips in the future. He stated the event provided the county with an opportunity to establish a new relationship with the Virginia Indians, and staff looks forward to involving them in future events.

Mr. Warren stated, after visiting Jamestown for two days, he thinks Henricus did a better job of involving individuals to explain historical details to citizens and children. He further stated the progress that has been made at Henricus is amazing.

Mr. Sowder stated he was very impressed with the event at Henricus, which demonstrated that Chesterfield played a significant part in the region’s history.

Mrs. Humphrey stated she was most impressed with the spectacular view of the Godspeed as it came around the bend of the James River. She stated county staff did a fantastic job with the event.

3. BOARD MEMBER REPORTS

There were no Board member reports at this time.

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

On motion of Mrs. Humphrey, seconded by Mr. Warren, the Board added Item 8.B.20., Initiation of an Application to Rezone the Winchester Forest Site; added Item 13.B., Closed Session Pursuant to Section 2.2-3711(A)(1), Code of Virginia, 1950, as Amended, to Discuss the Nominee of the Police Chief Selection Committee to the Position of Chief of Police; replaced Item 16.D., Public Hearing to Consider an Ordinance to Establish the “Cedar Crest Sewer Assessment District” for Five Lots in the Englewood and Saint Johns Woods Subdivisions; replaced Item 16.H., Public Hearing to Consider the Exercise of Eminent Domain for the Acquisition of Water and Temporary Construction Easements for the Southwest Corridor Waterline Project – Part B; replaced Item 16.I., Public Hearing to Consider the Exercise of Eminent Domain for the Acquisition of Water and Temporary Construction Easements for the Southwest Corridor Waterline Project – Part A; and adopted the Agenda as amended.

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

5. RESOLUTIONS

5.A. RECOGNIZING COMCAST CABLEVISION FOR A DONATION TOWARDS THE 2007 “CHESTERFIELD CELEBRATES” CAMPAIGN BY CHESTERFIELD COUNTY PARKS AND RECREATION DEPARTMENT

Mr. Golden introduced Mr. Kenneth Dye and Ms. Monica Callaghan, who were present to receive the resolution.

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

WHEREAS, the Chesterfield County Parks and Recreation Department provides wholesome, family activities for the enjoyment of county residents; and

WHEREAS, the annual Fourth of July Celebration, Richmond Symphony concerts at Pocahontas Park, and Parade of Lights are among the free events that offer entertainment to citizens of all ages; and

WHEREAS, Comcast Metro Richmond has continued to provide a generous donation to be used by the Parks and Recreation Department towards the 2007 “Chesterfield Celebrates” campaign; and

WHEREAS, this donation is a major component toward the enhancement of the special events funded through this campaign; and

WHEREAS, Comcast Metro Richmond continues to give back to the Chesterfield community through their sponsorship; and

WHEREAS, through the cooperative efforts of Mr. Kirby Brooks, Area Vice President and General Manager, and Mr. Kenneth M. Dye, Director Government Affairs and Community Affairs, the spirit of community/private partnerships has provided the department with increased awareness to explore similar opportunities for other programs; and

WHEREAS, Chesterfield County greatly appreciates this donation and is looking forward to continuing a strong relationship with Comcast Metro Richmond.

NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 23rd day of May 2007, publicly recognizes Comcast Metro Richmond for its generous contribution toward the 2007 “Chesterfield Celebrates“ campaign.

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

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

Mr. Warren presented the executed resolution to Mr. Dye, accompanied by Ms. Callaghan, and Mr. Dave Caras, Community Recreation Manager with the Parks and Recreation Department, and expressed appreciation for Comcast Metro Richmond’s generous donation, as well as the numerous contributions they provide to the county.

Mr. Dye expressed appreciation to the Board for the recognition and stated he hopes that Comcast employees were able to contribute to the events at Henricus last weekend by volunteering last fall to clean up and rebuild trails at the park.

5.B. RECOGNIZING POLICE DEPARTMENT CHAPLAIN BOB FLOYD UPON HIS RETIREMENT AND FOR HIS MANY YEARS OF SERVICE TO THE DEPARTMENT AND TO THE RESIDENTS OF CHESTERFIELD COUNTY

Colonel Baker introduced Chaplain Bob Floyd, who was present to receive the resolution.

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

WHEREAS, law enforcement is a difficult and challenging profession that sometimes must deal with situations that are highly emotionally charged; and

WHEREAS, these situations can involve accidents, serious injury or death of members of the community, criminals and suspects, and law enforcement personnel; and

WHEREAS, in such circumstances, the strength, support and counsel of a chaplain can bring great comfort to those affected by the injury or loss; and

WHEREAS, Chaplain Bob Floyd has served as a volunteer with the Chesterfield County Police Department for more than 15 years in the capacity of police chaplain; and

WHEREAS, Chaplain Floyd has assisted many individuals and families in their greatest time of need, especially in the loss of a loved one; and

WHEREAS, additionally, Chaplain Floyd has served as a counselor for police families and has also served as the chaplain and mentor to many police recruits; and

WHEREAS, during 2006 alone, Chaplain Floyd volunteered hundreds of hours in order to provide needed services; and

WHEREAS, Chaplain Floyd also is the volunteer external sponsor of the Vietnam Veterans of America, Powhatan Incarcerated Chapter, 682, and as such, provides chaplain services to veterans who are incarcerated at Powhatan and Deerfield facilities; and

WHEREAS, in October 2006, Chaplain Floyd was selected by Chesterfield County to act as Presidential Greeter, and he and his wife, Jean, met President Bush at Richmond Airport, where Chaplain Floyd was presented with the President’s Volunteer Service Award; and

WHEREAS, Chaplain Floyd was inducted into the Chesterfield Senior Hall of Fame on October 26, 2006; and

WHEREAS, Chaplain Floyd has announced his retirement as a police chaplain.

NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 23rd day of May 2007, publicly recognizes Chaplain Bob Floyd and extends, on behalf of all Chesterfield County residents, sincere appreciation for his many years of selfless service to others, gratitude for the comfort he has brought to many individuals and families in very difficult and trying times, and best wishes to Chaplain Floyd and his wife, Jean, for a long and happy retirement.

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

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

Mrs. Humphrey presented the executed resolution to Chaplain Floyd, accompanied by his wife and Colonel Baker, thanked him for his many years of service to the Police Department and to the residents of Chesterfield County, and congratulated him on his retirement.

Chaplain Floyd thanked the Board for the recognition and stated he has been blessed by his association with the Chesterfield County Police Department.

Mr. Warren excused himself from the meeting.

5.C. RECOGNIZING THE ETTRICK NEIGHBORHOOD AND BUSINESS FOUNDATION, VIRGINIA STATE UNIVERSITY, THE RUDI JOHNSON FOUNDATION, THE ETTRICK HISTORICAL SOCIETY, MR. R. L. DUNN AND THE FRIENDS OF ETTRICK SOCIETY FOR THEIR CONTRIBUTIONS AND PARTICIPATION IN THE ETTRICK CLEAN UP DAY MAY 5, 2007

Mr. Stith introduced Mr. Harold Himes, representing the Ettrick Historical Society, Dr. Robert Turner, representing Virginia State University, and Mr. R. L. Dunn, who were present to receive the resolution.

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

WHEREAS, the Chesterfield County Board of Supervisors is committed to addressing concerns about visual blight and sustainability in our community, especially in our older neighborhoods; and

WHEREAS, the Ettrick Neighborhood and Business Foundation (ENBF) is a community organization dedicated to promoting a healthy, clean and safe community free of visual blight; and

WHEREAS, Virginia State University (VSU) is an institution of higher learning dedicated to instilling in its students the importance of community service as a catalyst for change thereby promoting excellence in all areas of life; and

WHEREAS, the Rudi Johnson Foundation is a non-profit organization that works with the private sector and government agencies at all levels to provide support to community-based organizations to improve the quality of life for the citizens of the community; and

WHEREAS, the Ettrick Historical Society is a group of concerned citizens who desire to preserve and protect the history, charm and vitality of the Ettrick Village; and

WHEREAS, Mr. R. L. Dunn has shown himself to be an entrepreneur dedicated to assisting whenever and wherever possible and contributing his resources toward improving the quality of life and producing a positive impact on the community particularly in the Ettrick Village; and

WHEREAS, the Friends of Ettrick Society is a founding group of concerned citizens dedicated to maintaining the charm, beauty and sustainability of the Ettrick Village by promoting a clean and safe community that is free of visual blight; and

WHEREAS, Chesterfield County officials, employees and citizens identified the need for a cohesive, collaborative effort to spur revitalization and promote a clean, attractive, safe environment free of visual blight for the Ettrick Village; and

WHEREAS, the Ettrick Village Clean Up Day is a community event sponsored, organized and planned through the collaborative efforts and resources of the Matoaca District Supervisor Renny Bush Humphrey; Matoaca District Planning Commissioner F. Wayne Bass; the Ettrick Neighborhood and Business Foundation; VSU; the Rudi Johnson Foundation; the Ettrick Historical Society; Mr. R. L. Dunn; the Friends of Ettrick Society; and Chesterfield County Departments of Building Inspections, Planning, Waste and Resource Recovery Management, Police and Community Revitalization, to decrease visual blight in the Village of Ettrick by the removal of appliances, junk, trash, brush and debris; and

WHEREAS, the Ettrick Village Clean Up Day provides an opportunity for the community to build coalitions and partnerships, both public and private, that promote positive change and improve the vitality and sustainability of the Ettrick Village and thereby, the county as a whole; and

WHEREAS, the following local businesses have supplied resources in support of this activity with the assistance of VSU and the Rudi Johnson Foundation, Ettrick United Methodist Church and the United States Marines, Marine Core Detachment Fort Lee: Anthem; S & S Tire; The Bank of McKenney; Pepsi; Ukrop’s; Wawa; Frito-Lay; Sam’s Club; Papa John’s Pizza; Little Caesar’s; and Vincenzo’s Italian Restaurant.

NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 23rd day of May 2007, publicly recognizes the Ettrick Neighborhood and Business Foundation; Virginia State University; the Rudi Johnson Foundation; the Ettrick Historical Society; Mr. R. L. Dunn and the Friends of Ettrick Society together with all the local retailers, county employees and volunteers, both public and private, for their participation and contributions to the success of the Ettrick Village Clean Up Day on May 5, 2007, and commends them for their unwavering support and commitment to community and public service.

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

Mrs. Humphrey presented executed resolutions to Mr. Himes, Dr. Turner and Mr. Dunn and thanked them and others for their outstanding efforts in beautifying the Village of Ettrick.

Dr. Turner presented Mrs. Humphrey with a replica of a bronze plaque that has been affixed to a Virginia State University building in recognition of the county’s support over the years.

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

8.A. APPOINTMENT

On motion of Mrs. Humphrey, seconded by Mr. King, the Board suspended its rules at this time to allow for simultaneous nomination/reappointment of a member to serve on the Richmond Metropolitan Convention and Visitors Bureau Board of Directors.

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

Mr. Warren returned to the meeting.


O RICHMOND METROPOLITAN CONVENTION AND VISITORS BUREAU

On motion of Mr. King, seconded by Mr. Sowder, the Board nominated/reappointed Mr. Neil Amin, representing the county at-large, to serve on the Richmond Metropolitan Convention and visitors Bureau Board of Directors, whose term is effective July 1, 2007 and expires December 31, 2007. (It is noted Mr. Amin, who currently serves on the RMCVB Board of Directors is being reappointed as a result of the restructuring from a 32-seat board to 21 members and is eligible for reappointment in January 2008 for a three-year-term.)

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

8.B. CONSENT ITEMS

On motion of Mr. Warren, seconded by Mr. King, the Board removed the following item from the Consent Agenda for public comment: Item 8.B.18., Consideration by the Board of Supervisors of the Decision of the Planning Commission Recommending Denial of Amendments to the Upper Swift Creek Plan.

Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
8.B.1. APPROVAL OF LICENSE AGREEMENT WITH THE CHESTERFIELD SOFTBALL ASSOCIATION INCORPORATED FOR THE SHORT-TERM OPERATION OF CONCESSION FACILITIES AT THE HARRY G. DANIEL PARK AT IRON BRIDGE AND THE WARBRO ROAD ATHLETIC COMPLEX

On motion of Mr. Warren, seconded by Mr. King, the Board authorized the County Administrator to enter into a license agreement with the Chesterfield Softball Association Incorporated for operation of concession facilities at the Harry G. Daniel Park at Iron Bridge and the Warbro Road Athletic Complex through October 2007.

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

8.B.2. APPROVAL OF FY2007 SCHOOL BOARD GRANT FUND REVISIONS

On motion of Mr. Warren, seconded by Mr. King, the Board increased the Instruction appropriation category in the School Board’s Grant Fund by $53,117.83, consistent with the resolution adopted by the School Board and filed with the papers of this Board.

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

8.B.3. APPROVAL OF FY2007 SCHOOL BOARD CAPITAL IMPROVEMENT PROGRAM (CIP) YEAR-END REVISIONS AND SET A PUBLIC HEARING DATE OF JUNE 27, 2007 TO REVISE FY2007 CAPITAL IMPROVEMENT PROGRAM APPROPRIATIONS

On motion of Mr. Warren, seconded by Mr. King, the Board set a public hearing date for June 27, 2007 at 6:30 p.m. for the Board to consider increasing the appropriations in the School Capital Improvements program by $3,188,100 for technology projects ($39,000 from the School Grants fund), for debt service ($149,100 from interest earnings) and for air conditioning work at Meadowbrook High School ($3,000,000 from School Capital Improvement Program Reserve).

And, further, the Board transferred $149,100 from the School Capital Improvements fund to the School Operating fund for debt service.

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

8.B.4. APPROVAL OF FY2007 SCHOOL BOARD OPERATING FUND YEAR END ADJUSTMENTS

On motion of Mr. Warren, seconded by Mr. King, the Board authorized the County Administrator to reserve and appropriate into FY2008 unspent FY2007 appropriations, contingent upon positive results of operations within individual departments and division wide, as determined by the county’s financial audit, as outlined in the papers of this Board.

And, further, the Board reduced the School Board’s Operating Fund appropriation by $359,400 and made appropriation changes among categories consistent with the resolution adopted by the School Board on May 8, 2007 and filed with the papers of this Board.

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

8.B.5. ADOPTION OF RESOLUTIONS

8.B.5.a. RECOGNIZING MAY 6-12, 2007, AS “NATIONAL ARSON AWARENESS WEEK”

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

WHEREAS, in 2004, the most recent year for statistics, 36,000 intentionally set vehicle fires occurred, an increase of 18 percent from the previous year; and

WHEREAS, arson has one of the lowest clearance rates of any major crime; and

WHEREAS, the national clearance rate for arson in 2004 was 17.1 percent, and motor vehicle clearances were lower at 7.4 percent; and

WHEREAS, nearly 20 percent of all arsons occur in vehicles, and arson is the second-highest cause of vehicle fires; and

WHEREAS, the price that America pays for vehicle fires is extreme; and

WHEREAS, arson is expensive in pass-along costs and frequently in human life; and

WHEREAS, public awareness is one of the specific responsibilities of Chesterfield Fire and Emergency Medical Services and the County of Chesterfield; and

WHEREAS, the theme of this year’s “Arson Awareness Week” is “Vehicle Arson: Who Pays for this Crime?”

NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes the week of May 6-12, 2007, as “Arson Awareness Week” and calls upon the citizens of Chesterfield County to participate in fire safety and prevention by working jointly with Chesterfield Fire and Emergency Medical Services to create and encourage community awareness and understanding towards reducing the number of vehicle fires and all fires caused by arson.

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

8.B.5.b. RECOGNIZING MR. EMMETT ALLEN LUCK AND MR. TRAVIS MYLES LUCK UPON ATTAINING RANK OF EAGLE SCOUT

On motion of Mr. Warren, 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 their community, being active in the troop, demonstrating Scout spirit, and living up to the Scout Oath and Law

Mr. Emmett Allen Luck and Mr. Travis Myles Luck, both of Troop 842, sponsored by Swift Creek Baptist Church have accomplished those high standards of commitment and have reached the long-sought goal of Eagle Scout which is received by only four percent of those individuals entering the Scouting movement; and

WHEREAS, growing through their experiences in Scouting, learning the lessons of responsible citizenship, and endeavoring to prepare themselves for roles as leaders in society, Allen and Travis have distinguished themselves as members of a new generation of prepared young citizens of whom we can all be very proud.

NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors hereby extends its congratulations to Mr. Emmett Allen Luck and Mr. Travis Myles Luck, and acknowledges the good fortune of the county to have such outstanding young men as its citizens.

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

8.B.5.c. RECOGNIZING MS. MONICA MARLO FOSTER UPON ATTAINING THE GOLD AWARD

On motion of Mr. Warren, 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, Ms. Monica Marlo Foster, Troop 569, 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, Monica is indeed 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 recognizes Ms. Monica Marlo Foster, extends congratulations on her attainment of the Gold Award and acknowledges the good fortune of the county to have such an outstanding young woman as one of its citizens.

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

8.B.5.d. ELECTING A 1.85 PERCENT VRS MULTIPLIER FOR PUBLIC SAFETY (LEOS) EMPLOYEES

On motion of Mr. Warren, seconded by Mr. King, the Board adopted the following resolution electing a 1.85 percent VRS Multiplier for Public Safety (LEOS) employees, effective July 1, 2007:

WHEREAS, by resolution legally adopted and approved by the Board of Supervisors, Chesterfield County, a political subdivision, participates in the Virginia Retirement System under Section 51.1-130 of the Code of Virginia, as amended; and

WHEREAS, by resolution or resolutions legally adopted and approved by the Board, Chesterfield County has elected to provide the enhanced benefits described in Section 51.1-138, subsection B to selected public safety employee groups, such benefits being referred to collectively as “Section 138 Coverage”, and

WHEREAS, the Virginia General Assembly passed legislation effective July 1, 2007, allowing Chesterfield County to elect to provide for its employees with Section 138 Coverage a retirement allowance equal to the amount of creditable service multiplied by 1.85 percent of average final compensation as provided in clause (ii) in subsection A (1) of Section 51.1-206 (the “1.85 Multiplier”); and

WHEREAS, Chesterfield County desires to make this irrevocable election and provide the 1.85 Multiplier to its employees that now have, or may in the future be given, Section 138 Coverage.

NOW, THEREFORE, BE IT RESOLVED that Chesterfield County elects to establish the 1.85 Multiplier for all employees who are now, or who may be in the future, provided Section 138 Coverage.

AND, BE IT FURTHER RESOLVED that Chesterfield County agrees to pay the employer cost for providing the 1.85 Multiplier to all employees who are now, or who may be in the future, provided Section 138 Coverage, pursuant to this irrevocable election.

AND, BE IT FURTHER RESOLVED that the County Administrator is authorized and directed in the name of Chesterfield County to execute any required contract to carry out this irrevocable election, and to do any other thing, or things, incident and necessary in the lawful conclusion of this matter. The seal of Chesterfield County shall be affixed to any such contract and attested by the Clerk, and the Treasurer of Chesterfield County is authorized and directed to pay over to the Treasurer of Virginia from time to time such sums as may be required to be paid by Chesterfield County or its employees for this purpose.

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

8.B.5.e. RECOGNIZING SERGEANT JAMES M. MAGDA, JR., POLICE DEPARTMENT, UPON HIS RETIREMENT

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

WHEREAS, Sergeant James M. Magda, Jr. retired from the Chesterfield County Police Department after providing 26 years of quality service to the citizens of Chesterfield County; and

WHEREAS, Sergeant Magda has faithfully served the County in the capacity of Patrol Officer, Training Officer, Investigator, Detective, and Sergeant; and

WHEREAS, Sergeant Magda served as Accreditation Manager for the Police Department and was instrumental in assisting the department with achieving the goal of becoming an accredited agency; and

WHEREAS, Sergeant Magda has assisted numerous surrounding agencies in their accreditation process, through which they have also become accredited; and

WHEREAS, Sergeant Magda received the Police Star for distinguishing himself on August 6, 1993, during a devastating tornado which passed through the tri-cities area, when while traveling north on Interstate 95, Officer Magda observed a tornado funnel traveling along the Appomattox River in a direction that would cause it to cross the heavily traveled interstate; and acting quickly, he blocked the northbound travel lane, preventing vehicles from entering the danger zone of the tornado, and preventing damage to property and the possible loss of life; and

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

WHEREAS, Sergeant Magda has provided the Chesterfield County Police Department with many years of loyal and dedicated service; and

WHEREAS, Chesterfield County and the Board of Supervisors will miss Sergeant Magda’s diligent service.

NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes Sergeant James M. Magda, Jr., and extends on behalf of its members and the citizens of Chesterfield County appreciation for his service to the county, congratulations upon his retirement, and best wishes for a long and happy retirement.

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

8.B.5.f. RECOGNIZING MAJOR JAMES T. NOWLIN, POLICE DEPARTMENT, UPON HIS RETIREMENT

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

WHEREAS, Major James T. Nowlin retired from the Chesterfield County Police Department after providing 22 years of quality service to the citizens of Chesterfield County; and

WHEREAS, Major Nowlin has faithfully served the county in the capacities of Patrol Officer, Field Training Officer, Investigator, Sergeant, Lieutenant, and Captain, Inspector, and Major; and

WHEREAS, Major Nowlin has also served the Police Department as a General Instructor, Firearms Instructor, Driving Instructor, and as a member of the SWAT Team and Traffic Accident Reduction Team; and

WHEREAS, Major Nowlin has served the citizens of Chesterfield County in various commander positions to include Special Response Unit Commander, Shift Commander, Co-Manager of the Emergency Communications Center, and Commander of the Uniform Operations Bureau; and

WHEREAS, Major Nowlin received a Certificate of Commendation for his diligent work and team participation in the resolution of a homicide case, where the intense investigation led to the identification of three suspects who were subsequently charged with murder, and a fourth suspect that was charged with a related offense; and

WHEREAS, Major Nowlin was commended for his tenacious investigative skills while participating on a multi-agency task force, which brought resolution to the high profile arson case of the First Baptist Church of Centralia, and the professionalism and dedication to duty exemplified by members of the task force resulted in the identification and arrest of two adults and one juvenile for the arson of the historic building; and

WHEREAS, Major Nowlin is a graduate of the Professional Executive Leadership School; Federal Bureau of Investigations National Academy, and Federal Bureau of Investigations Sniper School; and

WHEREAS, Major Nowlin distinguished himself by possessing the essential quality, skills and ambition to become the first African American Captain, Lieutenant, and Major of the Chesterfield County Police Department; and

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

WHEREAS, Major Nowlin 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 Major Nowlin's diligent service.

NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes Major James T. Nowlin, and extends on behalf of its members and the citizens of Chesterfield County appreciation for his service to the county, congratulations upon his retirement, and best wishes for a long and happy retirement.

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

8.B.7. TRANSFER OF DISTRICT IMPROVEMENT FUNDS

8.B.7.a. FROM THE BERMUDA DISTRICT IMPROVEMENT FUND TO THE SCHOOL BOARD TO PURCHASE A PITCHING MACHINE FOR THE SOFTBALL PROGRAM AT THOMAS DALE HIGH SCHOOL

On motion of Mr. Warren, seconded by Mr. King, the Board transferred a total of $1,300 from the Bermuda District Improvement Fund to the School Board to purchase a pitching machine for the softball program at Thomas Dale High School.

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

8.B.7.b. FROM THE MATOACA DISTRICT IMPROVEMENT FUND TO THE SCHOOL BOARD TO PURCHASE A TROPHY CASE FOR O.B GATES ELEMENTARY SCHOOL

On motion of Mr. Warren, seconded by Mr. King, the Board transferred $2,256 from the Matoaca District Improvement Fund to the School Board to purchase a trophy case for O.B. Gates Elementary School.

Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
8.B.7.c. FROM THE MIDLOTHIAN DISTRICT IMPROVEMENT FUND TO THE PARKS AND RECREATION DEPARTMENT TO MAKE FIELD IMPROVEMENTS TO THE EXISTING BASEBALL FIELD AT JAMES RIVER HIGH SCHOOL

On motion of Mr. Warren, seconded by Mr. King, the Board transferred $2,000 from the Midlothian District Improvement Fund to the Parks and Recreation Department to make field improvements to the existing baseball field at James River High School.

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

8.B.8. AWARD OF CONTRACT TO CAPITAL CARBONIC GAS CORPORATION KNOWN AS HARBOR DREDGE AND DOCK FOR CONSTRUCTION OF DUTCH GAP CONSERVATION AREA CHANNEL BRIDGE

On motion of Mr. Warren, seconded by Mr. King, the Board authorized the County Administrator to enter into a contract with Capital Carbonic Gas Corporation, known as Harbor Dredge and Dock, in the amount of $342,000, for construction of the Dutch Gap Conservation Area Channel Bridge.

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

8.B.9. AWARD OF CONSTRUCTION CONTRACTS

8.B.9.a. TO JOHNSON AND GLAZIER CONSTRUCTION COMPANY FOR THE MEADOWRIDGE WATER LINE IMPROVEMENT PROJECT

On motion of Mr. Warren, seconded by Mr. King, the Board awarded a construction contract to Johnson and Glazier Construction Company, in the amount of $682,536.60, for the Meadowridge Water Line Improvement Project, County Project #05-0354, and authorized the County Administrator to execute the necessary documents.

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

8.B.9.b. FOR THE WOOLRIDGE ROAD (CHARTER COLONY PARKWAY TO COALFIELD ROAD) BOND PROJECT

On motion of Mr. Warren, seconded by Mr. King, the Board authorized the award of a construction contract, up to $1,500,000, for the Woolridge Road (Charter Colony Parkway to Coalfield Road) Bond Project.

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

8.B.9.c. FOR THE BEULAH ROAD (SUMMERLEAF DRIVE TO HOPKINS ROAD) BOND PROJECT

On motion of Mr. Warren, seconded by Mr. King, the Board approved the design for the Beulah Road (Summerleaf Drive to Hopkins Road) Bond Project, as presented at the April 3, 2007 Citizen Information Meeting with the addition of sidewalk from Cinderwood Drive to Hopkins Road; authorized the County Administrator to enter into the necessary county/Virginia Department of Transportation/consultant/contractor, right-of-way acquisition, environmental permits, and or/construction agreements acceptable to the County Attorney, for the project; authorized the advertisement of an eminent domain public hearing, if necessary, to acquire the right-of-way; authorized the County Administrator to enter into any documents necessary to complete a conveyance to the county; and authorized the County Administrator to award a construction contract, up to $2.8 million, to the lowest bidder.

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

8.B.10. CONVEYANCE OF EASEMENTS TO VIRGINIA ELECTRIC AND POWER COMPANY

8.B.10.a. FOR UNDERGROUND CABLE TO PROVIDE SERVICE TO THE NEW HARPERS MILL ELEMENTARY SCHOOL

On motion of Mr. Warren, 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 provide service to the new Harpers Mill Elementary School. (It is noted a copy of the vicinity sketch is filed with the papers of this Board.)

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

8.B.10.b. FOR UNDERGROUND CABLE TO PROVIDE SERVICE TO THE NEW TOMAHAWK CREEK MIDDLE SCHOOL

On motion of Mr. Warren, 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 provide service to the new Tomahawk Creek Middle School. (It is noted a copy of the plat is filed with the papers of this Board.)

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

8.B.11. REQUESTS FOR PERMISSION

8.B.11.a. FROM BRLYNNE LLC TO INSTALL A PRIVATE SEWER SERVICE WITHIN A PRIVATE EASEMENT TO SERVE PROPERTY ON JUSTICE ROAD

On motion of Mr. Warren, seconded by Mr. King, the Board approved a request from Brlynne LLC for permission to install a private sewer service within a private easement to serve property at 14345 Justice Road, 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, Humphrey, King, Sowder and Warren.
Nays: None.

8.B.11.b. FROM MOHAMMAD A. AND SARA ALI FOR A FENCE TO ENCROACH WITHIN TWO EIGHT-FOOT DRAINAGE EASEMENTS, AN EIGHT-FOOT EASEMENT, A TEN-FOOT TEMPORARY CONSTRUCTION EASEMENT, AND A TWENTY-FOOT AND VARIABLE WIDTH SEWER EASEMENT ACROSS LOT 56, TANNER VILLAGE, SECTION A AT CHARTER COLONY

On motion of Mr. Warren, seconded by Mr. King, the Board approved a request from Mohammad A. Ali and Sara Ali for a fence to encroach within two 8-foot drainage easements, an 8-foot easement, a 10-foot temporary construction easement and a 20-foot and variable width sewer easement across Lot 56, Tanner Village, Section A at Charter Colony, 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, Humphrey, King, Sowder and Warren.
Nays: None.

8.B.11.c. FROM IRENE W. CARNES FOR A PROPOSED CONCRETE DUMPSTER PAD TO ENCROACH WITHIN A STORM WATER MANAGEMENT SYSTEM/BEST MANAGEMENT PRACTICE EASEMENT ACROSS CHESTER SQUARE, PARCEL B

On motion of Mr. Warren, seconded by Mr. King, the Board approved a request from Irene W. Carnes for permission for a proposed concrete dumpster pad to encroach within a storm water management system/best management practice easement across Chester Square, Parcel B, 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, Humphrey, King, Sowder and Warren.
Nays: None.

8.B.11.d. FROM JOHN H. HARVEY FOR LANDSCAPING TO ENCROACH WITHIN A TWENTY-FOOT SEWER EASEMENT, A SIXTEEN- FOOT DRAINAGE EASEMENT AND AN EIGHT-FOOT EASEMENT ACROSS LOT 23, MADISON VILLAGE, SECTION A AT CHARTER COLONY

On motion of Mr. Warren, seconded by Mr. King, the Board approved a request from John H. Harvey for permission for landscaping to encroach within a 20-foot sewer easement, a 16-foot drainage easement and an 8-foot easement across Lot 23, Madison Village, Section A at Charter Colony, 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, Humphrey, King, Sowder and Warren.
Nays: None.


8.B.11.e. FROM THOMLIN3 LLC TO INSTALL A PRIVATE SEWER SERVICE WITHIN A PRIVATE EASEMENT TO SERVE PROPERTY ON JUSTICE ROAD

On motion of Mr. Warren, seconded by Mr. King, the Board approved a request from Thomlin3 LLC for permission to install a private sewer service within a private easement, 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, Humphrey, King, Sowder and Warren.
Nays: None.

8.B.11.f. FROM WILLIAM BRAND AND DEBORAH B. INLOW FOR A PROPOSED FENCE TO ENCROACH WITHIN A THIRTY-FOOT DRAINAGE AND SEWER EASEMENT AND A SIXTEEN-FOOT EASEMENT ACROSS LOT 61, STEWART VILLAGE, SECTION A AT CHARTER COLONY

On motion of Mr. Warren, seconded by Mr. King, the Board approved a request from William Brand Inlow and Deborah B. Inlow for permission for a proposed fence to encroach within a 30-foot drainage and sewer easement and a 16-foot easement across Lot 61, Stewart Village, Section A at Charter Colony, 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, Humphrey, King, Sowder and Warren.
Nays: None.

8.B.11.g. FROM DOUGLAS A. AND SARA A. JAMES FOR A PROPOSED DECK TO ENCROACH WITHIN A FIVE-FOOT TEMPORARY CONSTRUCTION EASEMENT ACROSS LOT 13, BLOCK A, CROSS CREEK, SECTION B

On motion of Mr. Warren, seconded by Mr. King, the Board approved a request from Douglas A. James and Sara A. James for permission for a proposed deck to encroach within a 5-foot temporary construction easement across Lot 13, Block A, Cross Creek, Section B, 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, Humphrey, King, Sowder and Warren.
Nays: None.

8.B.11.h. FROM DONALD L. AND DANA H. LEONOWICZ FOR AN EXCEPTION TO THE USE OF PUBLIC WASTEWATER FOR A PROPOSED RESIDENTIAL STRUCTURE LOCATED ON RIVER ROAD

On motion of Mr. Warren, seconded by Mr. King, the Board approved a request from Donald L. and Dana H. Leonowicz for an exception to the use of public wastewater for a proposed residential structure located at 4905 River Road. (It is noted a copy of the vicinity sketch is filed with the papers of this Board.)

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

8.B.12. DESIGNATION OF RIGHT OF WAY, TEMPORARY CONSTRUCTION EASEMENTS AND VIRGINIA DEPARTMENT OF TRANSPORTATION SIGHT DISTANCE AND SLOPE AND DRAINAGE EASEMENTS FOR
THE REPLACEMENT CLOVER HILL HIGH SCHOOL

On motion of Mr. Warren, seconded by Mr. King, the Board designated right of way, temporary construction easements and Virginia Department of Transportation sight distance and slope and drainage easements for the replacement Clover Hill High School, and authorized the County Administrator to execute the Declaration. (It is noted copies of the plats are filed with the papers of this Board.)

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

8.B.13. ACCEPTANCE OF PARCELS OF LAND

8.B.13.a. FOR THE EXTENSION OF BRANDERMILL PARKWAY FROM THE TRUSTEES OF COUNTRYSIDE CHRISTIAN CHURCH

On motion of Mr. Warren, seconded by Mr. King, the Board accepted the conveyance of two parcels of land, containing a total of 0.537 acres, from the Trustees of Countryside Christian Church, for the extension of Brandermill Parkway, and authorized the County Administrator to execute the deed. (It is noted copies of the plats are filed with the papers of this Board.

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

8.B.13.b. FOR THE EXTENSION OF CHESTNUT HILL ROAD AND CHESTNUT HILL LANE FROM WHITE OAKS DEVELOPMENT, LLC

On motion of Mr. Warren, seconded by Mr. King, the Board accepted the conveyance of two parcels of land, containing a total of 2.39 acres, from White Oaks Development, LLC, for the extension of Chestnut Hill Road and Chestnut Hill Lane, and authorized the County Administrator to execute the deed. (It is noted a copy of the plat is filed with the papers of this Board.)

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

8.B.13.c. ALONG THE SOUTH RIGHT OF WAY LINE OF WEST HUNDRED ROAD FROM JAMES E. HIGGINS, SR. AND JAMES E. HIGGINS, JR.

On motion of Mr. Warren, seconded by Mr. King, the Board accepted the conveyance of two parcels of land, containing a total of 0.026 acres, along the south right of way line of West Hundred Road (State Route 10) from James Higgins, Sr. and James E. Higgins, Jr., and authorized the County Administrator to execute the deed. (It is noted a copy of the plat is filed with the papers of this Board.)

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

8.B.13.d. ALONG THE SOUTH RIGHT OF WAY LINE OF BAILEY BRIDGE ROAD FROM LEROY MCLAUGHLIN

On motion of Mr. Warren, seconded by Mr. King, the Board accepted the conveyance of a parcel of land, containing 0.164 acres, along the south right of way line of Bailey Bridge Road (State Route 654) from Leroy McLaughlin, and authorized the County Administrator to execute the deed. (It is noted a copy of the plat is filed with the papers of this Board.)

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

8.B.13.e. ALONG CARVER HEIGHTS DRIVE AND FOR THE EXTENSION OF RIVINGTON DRIVE FROM PRINCETON PROPERTIES, INCORPORATED

On motion of Mr. Warren, seconded by Mr. King, the Board accepted the conveyance of three parcels of land, containing a total of 1.70 acres, along Carver Heights Drive and for the extension of Rivington Drive, from Princeton Properties, Incorporated, and authorized the County Administrator to execute the deed. (It is noted copies of the plats are filed with the papers of this Board.)

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

8.B.13.f. FOR THE EXTENSION OF RIVINGTON DRIVE FROM RIVER FOREST DEVELOPMENT COMPANY, LLC

On motion of Mr. Warren, seconded by Mr. King, the Board accepted the conveyance of two parcels of land, containing a total of 0.71 acres, for the extension of Rivington Drive from River Forest Development Company, LLC, and authorized the County Administrator to execute the deed. (It is noted a copy of the plat is filed with the papers of this Board.)

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

8.B.13.g. FOR THE EXTENSION OF BRANDERMILL PARKWAY FROM GLENN M. HILL

On motion of Mr. Warren, seconded by Mr. King, the Board accepted the conveyance of a parcel of land, containing a total of 1.667 acres, for the extension of Brandermill Parkway from Glenn M. Hill, and authorized the County Administrator to execute the deed. (It is noted copies of the plats are filed with the papers of this Board.)

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


8.B.14. SET DATES FOR PUBLIC HEARINGS

8.B.14.a. TO CONSIDER AN ORDINANCE TO ESTABLISH THE “IRONWOOD ROAD SEWER ASSESSMENT DISTRICT”

On motion of Mr. Warren, seconded by Mr. King, the Board set the date of June 27, 2007 at 6:30 p.m. for a public hearing for the Board to consider an ordinance to establish the “Ironwood Road Sewer Assessment District.”

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

8.B.14.b. TO CONSIDER AN ORDINANCE TO ESTABLISH THE “IRONWOOD ROAD WATER ASSESSMENT DISTRICT”

On motion of Mr. Warren, seconded by Mr. King, the Board set the date of June 27, 2007 at 6:30 p.m. for a public hearing for the Board to consider an ordinance to establish the “Ironwood Road Water Assessment District.”

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

8.B.14.c. TO CONSIDER THE EXERCISE OF EMINENT DOMAIN FOR THE ACQUISITION OF RIGHT-OF-WAY, TEMPORARY AND PERMANENT CONSTRUCTION EASEMENTS, PERMANENT DRAINAGE EASEMENTS, AND UTILITY EASEMENTS FOR THE ROUTE 10 WIDENING PROJECT FROM I-95 TO WARE BOTTOM
SPRING ROAD

On motion of Mr. Warren, seconded by Mr. King, the Board set the date of June 27, 2007 at 6:30 p.m. for a public hearing for the Board to consider the exercise of eminent domain for the acquisition of right-of-way, temporary and permanent construction easements, permanent drainage easements, and utility easements for the Route 10 Widening Project from I-95 to Ware Bottom Spring Road.

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

8.B.14.d. TO CONSIDER THE RESTRICTION OF THROUGH TRUCK TRAFFIC ON OLD HAPPY HILL ROAD

On motion of Mr. Warren, seconded by Mr. King, the Board set the date of June 27, 2007 at 6:30 p.m. for a public hearing for the Board to consider the restriction of through truck traffic on Old Happy Hill Road from Branders Bridge Road to Happy Hill Road.

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

8.B.14.e. TO CONSIDER THE RESTRICTION OF THROUGH TRUCK TRAFFIC ON BERMUDA HUNDRED ROAD

On motion of Mr. Warren, seconded by Mr. King, the Board set the date of June 27, 2007 at 6:30 p.m. for a public hearing for the Board to consider the restriction of through truck traffic on Bermuda Hundred Road from Kingston Avenue to Meadowville Road.

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

8.B.14.f. TO CONSIDER THE PROPOSED AMENDMENT TO SECTION 19-227 OF THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED, PERTAINING TO THE SALE OF ALCOHOLIC BEVERAGES NEAR SCHOOLS, RESIDENTIALLY ZONED PROPERTY, DAY CARE CENTERS, CHURCHES AND OTHER PLACES OF WORSHIP

On motion of Mr. Warren, seconded by Mr. King, the Board set the date of June 27, 2007 at 6:30 p.m. for a public hearing for the Board to consider an amendment to Section 19-227 of the Code of Virginia, 1997, as amended, pertaining to the sale of alcohol beverages near schools, residentially zoned property, day care centers, churches and other places of worship.

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

8.B.15. STATE ROAD ACCEPTANCE

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

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

WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised this Board the streets meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation.

NOW, THEREFORE, BE IT RESOLVED, that this Board requests the Virginia Department of Transportation to add the streets described below to the secondary system of state highways, pursuant to Section 33.1-229, Code of Virginia, and the Department’s Subdivision Street Requirements.

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

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

Project: Thornsett
Type Change to the Secondary System of State Highways: Addition
Basis for Change: New subdivision street

Statutory Reference: §33.1-229


  • Thornsett Drive, State Route Number 7186


From: Londmeadow Cr., (Rt. 5131)

To: Thornsett Ln., (Rt. 7187), a distance of: 0.04 miles.

Right of Way Record: Filed on 2/6/2006 in the Office of Clerk to Circuit Court, with a width of 50 feet.

Recordation Reference: Pb. 162, Pg. 80

  • Thornsett Lane, State Route Number 7187

From: Thornsett Dr., (Rt. 7186)

To: Cul-de-sac, a distance of: 0.07 miles.

Right of Way Record: Filed on 2/6/2006 in the Office of Clerk to Circuit Court, with a width of 50 feet.

Recordation Reference: Pb. 162, Pg. 80

  • Thornsett Drive, State Route Number 7186

From: Thornsett Ln., (Rt. 7187)

To: Cul-de-sac, a distance of: 0.13 miles.

Right of Way Record: Filed on 2/6/2006 in the Office of Clerk to Circuit Court, with a width of 50 feet.

Recordation Reference: Pb. 162, Pg. 80

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.
Project: Eastfair Drive and Highland Glen Drive
Type Change to the Secondary System of State Highways: Addition

Basis for Change: New subdivision street

Statutory Reference: §33.1-229

  • Highland Glen Drive, State Route Number: 5160

From: Lammermoor Dr., (Rt. 5535)

To: Eastfair Dr., (Rt. 5186), a distance of: 0.21 miles.

Right of Way Record: Filed on 9/30/2003 in the Office of Clerk to Circuit Court, with a width of varies.

Recordation Reference: Db. 5400, Pg. 662

  • Eastfair Drive, State Route Number: 5186

From: Allerdice Tr., (Rt. 5162)

To: Highland Glen Dr., (Rt. 5160), a distance of: 0.16 miles.

Right of Way Record: Filed on 9/30/2003 in the Office of Clerk to Circuit Court, with a width of varies.

Recordation Reference: Db. 5400, Pg. 662

  • Eastfair Drive, State Route Number: 5186

From: Highland Glen Dr., (Rt. 5160)

To: Temp EOM, a distance of: 0.26 miles.

Right of Way Record: Filed on 9/30/2003 in the Office of Clerk to Circuit Court, with a width of varies.

Recordation Reference: Db. 5400, Pg. 662

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.
Project: Jessup Place
Type Change to the Secondary System of State Highways: Addition

Basis for Change: New subdivision street

Statutory Reference: §33.1-229

  • Damon Drive, State Route Number: 7170

From: Jessup Rd., (Rt. 643)

To: Lavelle Rd., (Rt. 7171), a distance of: 0.03 miles.

Right of Way Record: Filed on 1/14/1999 in the Office of Clerk to Circuit Court, with a width of 80 feet.

Recordation Reference: Pb. 102, Pg. 80


  • Lavelle Road, State Route Number: 7171

From: Damon Dr., (Rt. 7170)

To: Cul-de-sac, a distance of: 0.22 miles.

Right of Way Record: Filed on 1/14/1999 in the Office of Clerk to Circuit Court, with a width of 50 feet.

Recordation Reference: Pb. 102, Pg. 80

  • Damon Drive, State Route Number: 7170

From: Damon Dr., (Rt. 7170)

To: Cul-de-sac, a distance of: 0.19 miles.

Right of Way Record: Filed on 1/14/1999 in the Office of Clerk to Circuit Court, with a width of 50 feet.

Recordation Reference: Pb. 102, Pg. 80

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.

Project: Kingsland Glen, Section 1; remainder of
Type Change to the Secondary System of State Highways: Addition
Basis for Change: New subdivision street

Statutory Reference: §33.1-229

  • Chickamauga Drive, State Route Number 5465

From: 0.01 mi. W of Kingsland Creek Dr., (Rt. 5446)

To: Lake Caroline Dr., (Rt. 7021), a distance of: 0.02 miles.

Right of Way Record: Filed on 1/22/2002 in the Office of Clerk to Circuit Court, with a width of 40 feet.

Recordation Reference: Pb. 123, Pg. 44

And, further, the Board adopted the following resolution:

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

WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised this Board the streets meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation.

NOW, THEREFORE, BE IT RESOLVED, that this Board requests the Virginia Department of Transportation to add the streets described below to the secondary system of state highways, pursuant to Section 33.1-229, Code of Virginia, and the Department’s Subdivision Street Requirements.

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

AND, BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation.
Project: Meadowbrook Farm, Section I
Type Change to the Secondary System of State Highways: Addition

Basis for Change: New subdivision street

Statutory Reference: §33.1-229

  • Ironstone Court, State Route Number: 7164

From: Ironstone Dr., (Rt. 5928)

To: Cul-de-sac, a distance of: 0.03 miles.

Right of Way Record: Filed on 2/10/2004 in the Office of Clerk to Circuit Court, with a width of 44 feet.

Recordation Reference: Pb. 141, Pg. 9

  • Ironstone Drive, State Route Number: 5928

From: 0.005 mi. N of Wimbly Wy., (Rt. 5929)

To: Cul-de-sac, a distance of: 0.05 miles.

Right of Way Record: Filed on 2/10/2004 in the Office of Clerk to Circuit Court, with a width of 44 feet.

Recordation Reference: Pb. 141, Pg. 9
l Barnwood Drive, State Route Number: 5930

From: 0.02 mi. S of Wimbly Wy., (Rt. 5929)

To: Cul-de-sac, a distance of: 0.04 miles.

Right of Way Record: Filed on 2/10/2004 in the Office of Clerk to Circuit Court, with a width of 44 feet.

Recordation Reference: Pb. 141, Pg. 9

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.

Project: Edgewater At The Reservoir, Section 4

Type Change to the Secondary System of State Highways: Addition

Basis for Change: New subdivision street

Statutory Reference: §33.1-229

  • Fountain View Drive, State Route Number: 7175

From: Woolridge Rd., (Rt. 668)

To: Sailboat Ln., (Rt. 7176), a distance of: 0.28 miles.

Right of Way Record: Filed on 6/7/2004 in the Office of Clerk to Circuit Court, with a width of 50 feet.

Recordation Reference: Pb. 144, Pg. 44

  • Fountain View Drive, State Route Number: 7175

From: Sailboat Ln., (Rt. 7176)

To: Temp EOM, a distance of: 0.01 miles.

Right of Way Record: Filed on 6/7/2004 in the Office of Clerk to Circuit Court, with a width of 50 feet.

Recordation Reference: Pb. 144, Pg. 44

  • Sailboat Lane, State Route Number: 7176

From: Fountain View Dr., (Rt. 7175)

To: Sailboat Cr., (Rt. 7178), a distance of: 0.03 miles.

Right of Way Record: Filed on 6/7/2004 in the Office of Clerk to Circuit Court, with a width of 50 feet.

Recordation Reference: Pb. 144, Pg. 44

  • Sailboat Court, State Route Number: 7177

From: Sailboat Cr., (Rt. 7178)

To: Cul-de-sac, a distance of: 0.05 miles.

Right of Way Record: Filed on 6/7/2004 in the Office of Clerk to Circuit Court, with a width of 40 feet.

Recordation Reference: Pb. 144, Pg. 44

  • Sailboat Circle, State Route Number: 7178

From: Sailboat Ln., (Rt. 7176)

To: Sailboat Pl., (Rt. 7179), a distance of: 0.23 miles.

Right of Way Record: Filed on 6/7/2004 in the Office of Clerk to Circuit Court, with a width of 45 feet.

Recordation Reference: Pb. 144, Pg. 44

  • Sailboat Place, State Route Number: 7179

From: Sailboat Cr., (Rt. 7178)

To: Cul-de-sac, a distance of: 0.08 miles.

Right of Way Record: Filed on 6/7/2004 in the Office of Clerk to Circuit Court, with a width of 40 feet.

Recordation Reference: Pb. 144, Pg. 44

  • Sailboat Circle, State Route Number: 7178

From: Sailboat Pl., (Rt. 7179)

To: Sailboat Dr., (Rt. 7180), a distance of: 0.09 miles.

Right of Way Record: Filed on 6/7/2004 in the Office of Clerk to Circuit Court, with a width of 45 feet.

Recordation Reference: Pb. 144, Pg. 44

  • Sailboat Circle, State Route Number: 7178

From: Sailboat Dr., (Rt. 7180)

To: Sailboat Ln., (Rt. 7176), a distance of: 0.18 miles.

Right of Way Record: Filed on 6/7/2004 in the Office of Clerk to Circuit Court, with a width of 45 feet.

Recordation Reference: Pb. 144, Pg. 44

  • Sailboat Drive, State Route Number: 7180

From: Sailboat Cr., (Rt. 7178)

To: Watermill Py., (Rt. 5583), a distance of: 0.09 miles.

Right of Way Record: Filed on 6/7/2004 in the Office of Clerk to Circuit Court, with a width of 50 feet.

Recordation Reference: Pb. 144, Pg. 44

And, further, the Board adopted the following resolution:

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

WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised this Board the streets meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation.

NOW, THEREFORE, BE IT RESOLVED, that this Board requests the Virginia Department of Transportation to add the streets described below to the secondary system of state highways, pursuant to Section 33.1-229, Code of Virginia, and the Department’s Subdivision Street Requirements.

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

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


Project: Edgewater at the Reservoir, Section 8

Type Change to the Secondary System of State Highways: Addition

Basis for Change: New subdivision street

Statutory Reference: §33.1-229

  • Cove View Lane, State Route Number: 7053

From: 0.01 mi. E of Wave Ln., (Rt. 7052)

To: Savage View Dr., (Rt. 7181), a distance of: 0.05 miles.

Right of Way Record: Filed on 7/1/2004 in the Office of Clerk to Circuit Court, with a width of 45 feet.

Recordation Reference: Pb. 145, Pg. 69

  • Cove View Lane, State Route Number: 7053

From: Savage View Dr., (Rt. 7181)

To: Cul-de-sac, a distance of: 0.07 miles.

Right of Way Record: Filed on 7/1/2004 in the Office of Clerk to Circuit Court, with a width of 45 feet.

Recordation Reference: Pb. 145, Pg. 69

  • Savage View Drive, State Route Number: 7181

From: Cove View Ln., (Rt. 7053)

To: Fountain View Dr., (Rt. 7175), a distance of: 0.09 miles.

Right of Way Record: Filed on 7/1/2004 in the Office of Clerk to Circuit Court, with a width of 50 feet.

Recordation Reference: Pb. 145, Pg. 69

  • Fountain View Drive, State Route Number: 7175

From: 0.01 mi. E of Sailboat Ln., (Rt. 7176)

To: Savage View Dr., (Rt. 7181), a distance of: 0.11 miles.

Right of Way Record: Filed on 7/1/2004 in the Office of Clerk to Circuit Court, with a width of 50 feet.

Recordation Reference: Pb. 145, Pg. 69

  • Fountain View Drive, State Route Number: 7175

From: Savage View Dr., (Rt. 7181)

To: Cul-de-sac, a distance of: 0.07 miles.

Right of Way Record: Filed on 7/1/2004 in the Office of Clerk to Circuit Court, with a width of 50 feet.

Recordation Reference: Pb. 145, Pg. 69

  • Savage View Drive, State Route Number: 7181

From: Fountain View Dr., (Rt. 7175)

To: Savage View Pl., (Rt. 7182), a distance of: 0.05 miles.

Right of Way Record: Filed on 7/1/2004 in the Office of Clerk to Circuit Court, with a width of 50 feet.

Recordation Reference: Pb. 145, Pg. 69

  • Savage View Place, State Route Number: 7182

From: Savage View Dr., (Rt. 7181)

To: Cul-de-sac, a distance of: 0.04 miles.

Right of Way Record: Filed on 7/1/2004 in the Office of Clerk to Circuit Court, with a width of 45 feet.

Recordation Reference: Pb. 145, Pg. 69

  • Savage View Drive, State Route Number: 7181

From: Savage View Pl., (Rt. 7182)

To: Savage View Ct., (Rt. 7183), a distance of: 0.07 miles.

Right of Way Record: Filed on 7/1/2004 in the Office of Clerk to Circuit Court, with a width of 50 feet.

Recordation Reference: Pb. 145, Pg. 69

  • Savage View Court, State Route Number: 7183

From: Savage View Dr., (Rt. 7181)

To: Cul-de-sac, a distance of: 0.07 miles.

Right of Way Record: Filed on 7/1/2004 in the Office of Clerk to Circuit Court, with a width of 45 feet.

Recordation Reference Pb. 145, Pg. 69

  • Savage View Drive, State Route Number: 7181

From: Savage View Pl., (Rt. 7182)

To: Cul-de-sac, a distance of: 0.04 miles.

Right of Way Record: Filed on 7/1/2004 in the Office of Clerk to Circuit Court, with a width of 50 feet.

Recordation Reference: Pb. 145, Pg. 69

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.
Project:Otterdale Pointe
Type Change to the Secondary System of State Highways:Addition

Basis for Change:New subdivision street

Statutory Reference:§33.1-229


  • Otterdale Pointe Drive, State Route Number: 7166

From:Otterdale Rd., (Rt. 667)

To:Kyloe Ln., (Rt. 7167), a distance of: 0.12 miles.

Right of Way Record:Filed on 1/20/2006 in the Office of Clerk to Circuit Court, with a width of 50 feet.

Recordation ReferencePb. 162, Pg. 13

  • Kyloe Lane, State Route Number: 7167

From:Otterdale Pointe Dr., (Rt. 7166)

To:Temp EOM, a distance of: 0.12 miles.

Right of Way Record:Filed on 1/20/2006 in Office of Clerk to Circuit Court, with a width of 50 feet -varies.

Recordation Reference:Pb. 162, Pg. 13

  • Otterdale Pointe Drive, State Route Number: 7166

From:Kyloe Ln., (Rt. 7167)

To:Hilbay Tr., (Rt. 7168), a distance of: 0.07 miles.

Right of Way Record:Filed on 1/20/2006in the Office of Clerk to Circuit Court, with a width of 50 feet.

Recordation ReferencePb. 162, Pg. 13

  • Hilbay Terrace, State Route Number: 7168

From:Otterdale Pointe Dr., (Rt. 7166)

To:Cul-de-sac, a distance of: 0.11 miles.

Right of Way Record:Filed on 1/20/2006in the Office of Clerk to Circuit Court, with a width of 50 feet.

Recordation Reference:Pb. 162, Pg. 13

  • Otterdale Pointe Drive, State Route Number: 7166

From:Hilbay Tr., (Rt. 7168)

To:Cul-de-sac, a distance of: 0.15 miles.

Right of Way Record:Filed on 1/20/2006 in the Office of Clerk to Circuit Court, with a width of 50 feet.

Recordation Reference:Pb. 162, Pg. 13

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.

Project:Red Fern Station

Type Change to the Secondary System of State Highways:Addition

Basis for Change:New subdivision street

Statutory Reference:§33.1-229

  • Red Fern Court, State Route Number 7190


From:Woolridge Rd., (Rt. 668)

To:Cul-de-sac, a distance of: 0.14 miles.

Right of Way Record:Filed on 1/20/2005 in the Office of Clerk to Circuit Court, with a width of 40 feet.

Recordation ReferencePb. 151, Pg. 6

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.
Project:Sovereign Grace Drive
Type Change to the Secondary System of State Highways:Addition

Basis for Change:New subdivision street

Statutory Reference:§33.1-229

  • Sovereign Grace Drive, State Route Number: 7165

From:Charter Colony Py., (Rt. 950)

To:Temp EOM, a distance of: 0.18 miles.


Right of Way Record:Filed on 5/21/2004 in the Office of Clerk to Circuit Court, with a width of 50 feet.

Recordation Reference:Db. 5756, Pg. 607

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

8.B.16.REQUEST TO QUITCLAIM A PORTION OF A VARIABLE WIDTH
DRAINAGE EASEMENT (PRIVATE) AND A PORTION OF A
VARIABLE WIDTH SEWER AND WATER EASEMENT ACROSS THE
PROPERTY OF BRECKENRIDGE 2005 LLC

On motion of Mr. Warren, 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 sewer and water easement (private) and a portion of a variable width sewer and water easement across the property of Breckenridge 2005 LLC. (It is noted copies of the plats are filed with the papers of this Board.)

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

8.B.17.APPROPRIATION OF ROAD CASH PROFFER FUNDS AND AUTHORIZATION TO PROCEED WITH THE BRANDERS BRIDGE ROAD (STONEY GLEN) RECONSTRUCTION PROJECT

On motion of Mr. Warren, seconded by Mr. King, the Board appropriated $100,000 in road cash proffers from Traffic Shed 18 for the Branders Bridge Road (Stoney Glen) Reconstruction Project; and authorized the County Administrator to proceed with the design, environmental permits, and right-of-way acquisition, including advertisement of an eminent domain public hearing if necessary.

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

8.B.19.CONVEYANCE OF EASEMENTS\LICENSES

8.B.19.a.TO VIRGINIA ELECTRIC AND POWER COMPANY FOR UNDERGROUND CABLE TO PROVIDE SERVICE TO THE BERMUDA SCHOOLS SITE

On motion of Mr. Warren, seconded by Mr. King, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute easement and/or license agreements with Virginia Electric and Power Company for underground cable to provide service to the Bermuda Schools site.(It is noted a copy of the vicinity sketch is filed with the papers of this Board.)

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

8.B.19.b.TO VERIZON VIRGINIA INCORPORATED FOR UNDERGROUND CABLE TO PROVIDE SERVICE TO THE BERMUDA SCHOOLS SITE

On motion of Mr. Warren, seconded by Mr. King, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute easement and/or license agreements with Verizon Virginia Incorporated for underground cable to provide service to the Bermuda Schools site.(It is noted a copy of the vicinity sketch is filed with the papers of this Board.)

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

8.B.20.INITIATION OF AN APPLICATION TO REZONE THE WINCHESTER FOREST SITE

On motion of Mr. Warren, seconded by Mr. King, the Board initiated an application to rezone the Winchester Forest site on properties listed in the papers of this Board; appointed Mr. Thomas Jacobson as the Board’s agent; and waived zoning disclosure requirements.

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

The following items were removed from the Consent Agenda for Board discussion:

8.B.6. REQUEST FOR A MUSIC/ENTERTAINMENT FESTIVAL PERMIT FOR AMUSEMENT PROMOTIONS, INCORPORATED AND REITHOFFER SHOWS TO CONDUCT A CARNIVAL AT CLOVERLEAF MALL ON
JUNE 7 THROUGH JUNE 17, 2007

Mr. Sowder stated he had a few complaints with the previous carnival held at Cloverleaf Mall and is uncomfortable approving this request so soon after the last permit was approved for the same organization.He further stated, although the carnival will benefit a worthwhile cause in the City of Richmond, it is his opinion that there are areas of Chesterfield around Cloverleaf Mall that could benefit from the funds raised by the carnival.

When asked, Mr. Sowder stated complaints from neighbors behind the mall included noise and lighting issues.He expressed concerns that the applicant is requesting that the hours of the carnival be extended to 11 p.m. on weekdays and midnight on Fridays and Saturdays.

Mrs. Humphrey stated she recalls requesting a list of charities that would benefit from the previously approved carnival to determine whether there were any charities in the Chesterfield community on the list.

Mr. Warren stated he did not think approving the first carnival was a good idea because the county is trying to turn Cloverleaf Mall into a first-class multi-use complex.He expressed concerns that allowing carnivals on the premises would send a mixed message to the residents.

Mr. Sowder made a motion, seconded by Mr. Warren, for the Board to deny the request to grant Amusement Promotions, Incorporated and Reithoffer Shows a music/entertainment festival permit for a carnival at Cloverleaf Mall on June 7 through June 17, 2007.

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

8.B.14.g.TO CONSIDER AMENDMENT OF THE THOROUGHFARE PLAN IN THE VICINITY OF THE BRANDY OAKS SUBDIVISION

Mrs. Humphrey stated she does not have a conflict with this issue under the Virginia Conflict of Interest Act, but she has been very careful not to participate in any discussion or voting involving the Thoroughfare Plan.

Mrs. Humphrey then excused herself from the meeting.

On motion of Mr. Warren, seconded by Mr. King, the Board set the date of June 27, 2007 at 6:30 p.m. for the Board to consider an amendment of the Thoroughfare Plan in the vicinity of Brandy Oaks Subdivision.

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

Mrs. Humphrey returned to the meeting.

The following item was removed from the Consent Agenda for public comment:

8.B.18.CONSIDERATION BY THE BOARD OF SUPERVISORS OF THE DECISION OF THE PLANNING COMMISSION RECOMMENDING DENIAL OF AMENDMENTS TO THE UPPER SWIFT CREEK PLAN

Ms. Sandra Mitchell expressed concerns relative to pollution problems associated with the Swift Creek Reservoir and the potential tax impact to clean it up.She stated the Board must address the lack of informed planning, concomitant with environmental impact studies, the shortfall of infrastructure to support residential and business development, and double-digit property taxation.She expressed concerns relative to the Planning Commission’s four-year delay of the environmental impact study for the Upper Swift Creek Plan.She requested that the Board stop any further development in the Upper Swift Creek area until the magnitude and source of the pollution problems are identified; prohibit the use of any fertilizers with phosphorous; establish steep fines for homeowners and businesses who do not comply; and establish a program focused on reducing pollution in the reservoir by working in concert with citizens and communities, who have for many years attempted to prevent pollution of the lake.

Mr. George Beadles expressed concerns relative to issues lingering for long periods of time in the Planning Commission.He stated, in his opinion, the Board should make a decision regarding the Upper Swift Creek Plan amendment rather than sending it back to the Planning Commission.

Ms. Susan Coffey, a resident of Lakepointe Subdivision, stated she does not support the proposal for increased taxes for residents of the Swift Creek Reservoir area to assist with cleaning up the reservoir.

Mr. Ramsey stated there is no tax increase recommended in the Plan amendment for phosphorous clean up of the reservoir or for transportation.

Ms. Coffey stated that is a good decision, and she hopes a newspaper article will reflect that.

No one else came forward to speak to the issue.

Mr. Warren requested that the County Administrator send a letter to Brandermill, Woodlake, Lakepointe and other area associations informing them that a tax increase is not proposed.

Mr. Sowder stated the residents have a right to complain that the Planning Commission has not addressed this issue in four years, and noted that he has heard from citizens that they have not had the opportunity for much input.

Mr. Sowder then made a motion to remand the Upper Swift Creek Plan back to the Planning Commission with a 60-day deadline to report back to the Board.

Mrs. Humphrey seconded Mr. Sowder’s motion. She stated the Plan should be a working document that both residents and the business community can rely on, indicating that four years is entirely too long for something this significant to be incomplete.She noted that the Planning Commission does not have the taxing authority to impose assessment district language with a land use plan.She urged the citizens to follow this issue through the Planning Commission process.

Mr. Miller stated he strongly believes that the Planning Commission could have completed this Plan in four years, but he will support the request for 60 days.

In response to Mr. Miller’s questions, Mr. Scott Flannigan, Senior Water Quality Analyst, stated the water quality issues are being worked on as part of the Watershed Master Plan.He further stated there are comments within the Upper Swift Creek Plan indicating that in the future there could be an ordinance developed to enable some of the language relative to water quality.

In response to Board members questions, Mr. Turner stated, in his opinion, the water quality issues can be addressed separately and the land use plan can be presented to the Board in 60 days.He further stated citizen meetings were held early on in the development of the Upper Swift Creek Plan, but the public has not had an opportunity to make comment on the Plan other than the one public hearing held by the Planning Commission on May 3, 2007.He noted there were many concerns expressed at that time relative to water quality, transportation and general infrastructure issues, but not a lot of discussion relative to the land use plan.

Mr. King stated the public will be able to address the Plan at the Board level.He further stated he will support a 60-day deferral, as long as it does not jeopardize the quality of the water for the residents of the Upper Swift Creek area.

In response to Mrs. Humphrey’s questions, Mr. Flannigan stated staff has incorporated everything that is necessary in terms of water quality into the Upper Swift Creek Plan.He further stated staff will continue to work on the Watershed Master Plan, in exclusion of the new Upper Swift Creek Plan.

Mr. Warren stated both the Woodlake and Brandermill communities’ Board of Directors have requested the 60-day deferral, indicating that they feel they have not had adequate time to address the issue.He noted it is not just the Planning Commission, but the citizens as well, who are requesting the deferral.

Mr. Miller stated he understands the residents’ concerns, which are a result of the Planning Commission not involving them.

Mr. Sowder expressed concerns relative to the water quality issues that still exist.He stated he is hopeful that the Upper Swift Creek Plan will address not only land use, but water quality issues as well.

Mr. Ramsey stated the Board held a work session regarding the Watershed Master Plan, and a timetable was presented for the ordinances to be prepared and brought back to the Board.He noted that staff is following this schedule.

Mr. Miller called for a vote on the motion of Mr. Sowder, seconded by Mrs. Humphrey, for the Board to accept the Planning Commission’s recommendation and remand the Upper Swift Creek Plan back to the Planning Commission with a 60-day deadline to report back to the Board to accomplish the following tasks:1) Review proposed land uses and deferred growth area delineation and make recommendations for amendments to the existing plan; 2) Hold citizen meetings in the community for public input; and 3) Hold public hearings and forward any associated ordinance amendments to the Board of Supervisors.

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

9.REPORTS

9.A.REPORT ON DEVELOPER WATER AND SEWER CONTRACTS

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

9.C.REPORT OF PLANNING COMMISSION SUBSTANTIAL ACCORD DETERMINATIONS

9.C.1. FOR NEW CINGULAR WIRELESS PCS, LLC (CASE 07PD0321) TO CO-LOCATE AN ANTENNA ON A VIRGINIA POWER STRUCTURE LOCATED OFF KINGSLAND ROAD, EAST OF BEULAH ROAD

9.C.2.FOR (MARC CORNELL) RICHMOND 20MHZ, LLC (CASE 07PD0325) TO CO-LOCATE AN ANTENNA ON A VIRGINIA POWER STRUCTURE LOCATED BETWEEN RAVEN WING AND ESCADA DRIVES


9.C.3. FOR CLEARWIRE US LLC (CASE 07PD0328) TO CO-LOCATE AN ANTENNA ON A VIRGINIA POWER STRUCTURE LOCATED ON PROPERTY SOUTH OF LUCKS LANE, EAST AND WEST OF WATER WILLOW DRIVE

9.C.4. FOR COUNTY OF CHESTERFIELD PUBLIC LIBRARIES (CASE 07PD0306) TO PERMIT A PUBLIC LIBRARY LOCATED ALONG THE WEST LINE OF COURTHOUSE ROAD ACROSS FROM SMOKETREE DRIVE

Mrs. Humphrey stated she is hopeful that representatives from Clearwire will introduce themselves to the Board some time soon. She further stated the Board has a relationship with all of the other telecommunication providers.

On motion of Mrs. Humphrey, seconded by Mr. King, the Board accepted the following reports: a Report on Developer Water and Sewer Contracts; a Report on the Status of General Fund Balance, Reserve for Future Capital Projects, District Improvements Funds and Lease Purchases; a Report of Planning Commission Substantial Accord Determination for New Cingular Wireless PCS, LLC (Case 07PD0321) to Co-locate an Antenna on a Virginia Power Structure Located off Kingsland Road, East of Beulah Road; a Report of Planning Commission Substantial Accord Determination for (Marc Cornell) Richmond 20MHz, LLC (Case 07PD0325) to Co-locate an Antenna on a Virginia Power Structure Located Between Raven Wing and Escada Drives; a Report of Planning Commission Substantial Accord Determination for Clearwire US LLC (Case 07PD0328) to Co-locate an Antenna on a Virginia Power Structure Located on Property South of Lucks Lane, East and West of Water Willow Drive; and a Report of Planning Commission Substantial Accord Determination for County of Chesterfield Public Libraries (Case 07PD0306) to Permit a Public Library Located Along the West Line of Courthouse Road Across from Smoketree Drive.

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

10.FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED MATTERS

No one had requested to address the Board at this time.

11.DINNER

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

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

Reconvening:

(It is noted Mr. Miller did not return to the meeting at this time.)

12. INVOCATION

Father Lou Ruoff, Pastor of Saint Ann Catholic, gave the invocation.

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

Mr. David Tesh, Fire and Emergency Medical Services Volunteer Recruitment and Retention Coordinator, led the Pledge of Allegiance to the flag of the United States of America.

13.B. CLOSED SESSION PURSUANT TO SECTION 2.2-3711(A)(1), CODE OF VIRGINIA, 1950, AS AMENDED, TO DISCUSS THE NOMINEE OF THE POLICE CHIEF SELECTION COMMITTEE TO THE POSITION OF CHIEF OF POLICE

It was generally agreed to pass by this item until later in the agenda.

14. RESOLUTIONS

14.A. RECOGNIZING MAY 20-26, 2007, AS “EMERGENCY MEDICAL SERVICES WEEK” IN CHESTERFIELD COUNTY

Mr. David Tesh, Volunteer Recruitment and Retention Coordinator, introduced Mr. Aaron Chambers, representing Ettrick-Matoaca Volunteer Rescue Squad; Mr. John Rawlings, representing Manchester Volunteer Rescue Squad; Ms. Fran Phillips and Mr. David Ledlie, representing Forest View Volunteer Rescue Squad; Mr. Gary Frame, representing Bensley-Bermuda Volunteer Rescue Squad; Ms. Tammy Higgins, representing the Emergency Communications Center; and Battalion Chief Mike Harmon, representing Chesterfield Fire and Emergency Medical Services, who were present to receive the resolution.

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

WHEREAS, emergency medical services is a vital public service; and

WHEREAS, the members of emergency medical services teams are ready to provide lifesaving care to those in need twenty-four hours a day, seven days a week; and

WHEREAS, access to quality emergency care dramatically improves the survival and recovery rate of those who experience sudden illness or injury; and

WHEREAS, injury prevention and the appropriate use of the EMS system will help reduce national health care costs; and

WHEREAS, emergency medical services providers have traditionally served as the safety net of America’s health care system; and

WHEREAS, emergency medical services teams consist of emergency physicians, emergency nurses, emergency medical technicians, paramedics, firefighters, communications officers, educators, administrators, and others; and

WHEREAS, working together, these emergency medical services teams responded to 21,754 medical emergencies in 2006; and

WHEREAS, the members of emergency medical services teams, whether career or volunteer, engage in many hours of specialized training and continuing education to enhance their lifesaving skills; and

WHEREAS, the citizens and guests of Chesterfield County benefit daily from the knowledge and skills of these highly trained individuals; and

WHEREAS, it is appropriate to recognize the value and the accomplishments of the emergency medical services providers from Chesterfield Fire and EMS, Chesterfield County’s Emergency Communications Center, and the Volunteer Rescue Squads of Bensley-Bermuda, Ettrick-Matoaca, Forest View, and Manchester.

NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 23rd day of May 2007, publicly recognizes the week of May 20-26, 2007, as “Emergency Medical Services Week.”

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

Mrs. Humphrey presented executed resolutions to representatives from each of the rescue squads, Chesterfield Fire and EMS, and the Emergency Communications Center, and expressed appreciation for the valuable services provided by the county's emergency medical services providers.

Mr. Miller returned to the meeting.

14.B. RECOGNIZING MR. JOHN COGBILL, III FOR HIS SERVICE TO THE ECONOMIC DEVELOPMENT AUTHORITY OF CHESTERFIELD COUNTY

Mr. Davis introduced Mr. John Cogbill, who was present to receive the resolution.

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

WHEREAS, Mr. John Cogbill, III has served with distinction as a member of the Economic Development Authority of Chesterfield County since July 1, 2003; and

WHEREAS, Mr. Cogbill has willingly served on other boards that benefited the county, such as the Commonwealth Transportation Board; and

WHEREAS, Mr. Cogbill has assisted in the development and marketing of Meadowville Technology Park and various other projects throughout the county; and

WHEREAS, Mr. Cogbill has faithfully and diligently performed the duties assigned to him as a member of the Economic Development Authority, consistently demonstrating leadership, sensitivity and commitment to the issues coming before the Authority during his tenure.

NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 23rd day of May 2007, publicly recognizes Mr. John Cogbill, III and expresses appreciation for his valuable time and commitment to Chesterfield County while serving on the Economic Development Authority of the County of Chesterfield, Virginia.

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

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

Mrs. Humphrey presented the executed resolution to Mr. Cogbill, accompanied by Mr. Davis, and expressed appreciation for his valuable contributions to the Economic Development Authority and for his family’s contributions over the years to the county.

Mr. Cogbill expressed appreciation to the Board for allowing him to contribute in a small way to Chesterfield County and stated that his ability to serve the community honors his two sons and others who serve in the military.

14.C. RECOGNIZING THE MANCHESTER MIDDLE SCHOOL MATH TEAM ON ITS OUTSTANDING REPRESENTAT