Chesterfield County, Virginia | Board of Supervisors

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:

Mr. George Braunstein, Exec. Dir., Community

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. Jonathan Davis, Dir., Real Estate Assessments

Mr. Will Davis, Dir., Economic Development

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

Colonel Thierry Dupuis, Police Department

Mr. Robert Eanes, Asst. to the County Administrator

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. Joe Horbal, Commissioner of Revenue

Mr. H. Edward James, Dir., Purchasing

Ms. Mary Lou Lyle, Dir., Accounting

Chief Paul Mauger, Fire Department

Mr. R. John McCracken, Dir., Transportation

Mr. Steven L. Micas, County Attorney

Mr. Glen Peterson, Dir., Community Diversion Incentive Program

Mr. Francis Pitaro, Dir., General Services

Mr. Douglas Pritchard, Environmental Engineering

Sheriff Dennis Proffitt, Sheriff’s Department

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 stated, as Chairman, he would like to add an item to the agenda at this time to appoint a County Administrator to replace Mr. Ramsey, who is retiring on August 13th. He provided details of the Board’s arduous process to select a new County Administrator. He stated, after reviewing the potential candidates, the Board determined in the final analysis that the necessary expertise is right here in the county. He further stated all of the candidates brought different strengths to the table, and the Board believes they have decided upon the person within the county structure that is better able to lead Chesterfield County to the future that the county and its citizens should rightfully expect.

On motion of Mrs. Humphrey, seconded by Mr. King, the Board suspended its rules at this time to allow for simultaneous nomination/appointment of a County Administrator.

Mr. Miller stated he is pleased to make a motion for the Board to nominate/appoint Mr. James J. L. Stegmaier, who is a man of exceptional ability and talents; has the necessary experience, training and education; and is of impeccable character, as County Administrator, effective August 14, 2007, at a starting salary of $198,600, and to authorize the Chairman to execute the employment contract in accordance with its terms in the amount set forth.

Mr. Miller called for a vote on his motion, seconded by all of the other Board members, for the Board to nominate/appoint Mr. James J. L. Stegmaier as County Administrator, effective August 14, 2007, at a starting salary of $198,600.

And, further, the Board authorized the Chairman to execute the employment contract in accordance with its terms in the amount set forth.

“Thank you, Mr. Chairman, members of the Board, and Mr. Ramsey. Thank you for the enormous trust that you’ve placed in me today and the support and leadership that you’ve provided to the county staff over the years. These are very exciting times and also very challenging times for our community, and it is truly humbling to be asked to serve in this way. Today, I pledge to you, the citizens of Chesterfield, and to our very dedicated and exemplary colleagues, that together we will fulfill your vision to make Chesterfield County an even better community. The men and women who respond to emergencies, serve the needs of the less fortunate, build and care for the public infrastructure, and manage all of the natural and financial resources of the public trust, are the best in the business and second to none, and it is a special credit to Mr. Ramsey and the Board that you’ve put together the strong leadership of individuals who are well prepared to take on whatever challenge you have for them. I want to thank my wife and my children, and Margot and my daughter Emily are here behind me today. They also are the best in the business. And, certainly, last but not least, I want to thank the man who has left such big shoes to fill. Somebody had to follow Lane Ramsey; nobody can replace him. All of us who know him and have worked with him understand what I mean when I say, he has enriched our lives, and he has given us an unmatched example of the good things that happen when you combine commitment to business with the deepest sense of humility. Chesterfield County will always be a better place to live and work because of Lane Ramsey. Mr. Chairman, members of the Board, thank you again for this very high honor.”

Mr. King thanked Mr. Ramsey for preparing a wonderful slate of deputy county administrators, who could serve as county administrator in most any county in the nation.

Mr. Ramsey commended the Board on its hard work during the selection process. He stated he had nothing to do with the selection, but supported the Board throughout the process. He further stated it is especially rewarding to have conducted a national search and selected a candidate from the Chesterfield team. He commended members of the team, including Mr. Stith, Ms. Dickson and Ms. Cole, indicating that, in his opinion, they are some of the top leaders in the country. He pledged his support to Mr. Stegmaier, indicating that they will be working together very intensely to make the transfer as seamless as possible. He thanked the Board for allowing him to serve as County Administrator for 20 wonderful years.

1. APPROVAL OF MINUTES FOR JUNE 27, 2007 (REGULAR MEETING) AND JULY 10, 2007 (SPECIAL MEETING)

On motion of Mrs. Humphrey, seconded by Mr. Sowder, the Board approved the minutes of June 27, 2007 and July 10, 2007, as submitted.

2. CERTIFICATION OF CLOSED SESSION ADJOURNED TO BY BOARD OF SUPERVISORS ON JULY 10, 2007

On motion of Mrs. Humphrey, seconded by Mr. King, the Board adopted the following resolution certifying the Closed Session the Board adjourned to on July 10, 2007 pursuant to Section 2.2-3711(A)(1), Code of Virginia, 1950, as amended, held for the purpose of interviewing candidates for the position of chief administrative officer during a 15-day period:

WHEREAS, the Board of Supervisors has this day adjourned into Closed Session in accordance with a formal vote of the Board and in accordance with the provisions of the Virginia Freedom of Information Act; and

WHEREAS, the Virginia Freedom of Information Act effective July 1, 1989 provides for certification that such Closed Session was conducted in conformity with law.

NOW, THEREFORE BE IT RESOLVED, the Board of Supervisors does hereby certify that to the best of each member's knowledge, i) only public business matters lawfully exempted from open meeting requirements under the Freedom of Information Act were discussed in the Closed Session to which this certification applies, and

ii) only such public business matters as were identified in the Motion by which the Closed Session was convened were heard, discussed, or considered by the Board. No member dissents from this certification.

The Board being polled, the vote was as follows:

Mr. Sowder:   Aye.
Mr. King:     Aye.
Mr. Warren:   Aye.
Mrs. Humphrey: Aye.
Mr. Miller:   Aye.

Mr. Golden updated the Board on the National Softball Association’s World Series Tournament for girls ages 8-16 that is currently being held in Chesterfield. He stated 1,500 young ladies and their families are here from all over the country. He further stated 75 of the 100 teams are from out of town and will be staying at hotels and eating at restaurants in the county. He thanked numerous people and organizations who made the event possible.

Mr. Miller stated it is exciting to have all of these young ladies in the county, indicating that the tournament has been a real asset to the county. He expressed appreciation to Mr. Golden, Mr. King and Mr. Harry Marsh for the success of the event.

Mr. Ted Barclay, County Code Compliance Supervisor, updated the Board on the volunteer sign removal program. He stated nearly 40 volunteers were trained at a session on July 23, 2007. He further stated there are currently 5 or 6 citizens, who have been trained and have removed approximately 200 signs in the last two weeks. He stated staff will keep the Board informed as to the progress of the program.

Mr. Sowder stated he supports the program, but cautioned staff to ensure that the volunteers understand which signs are legal and which are not. He noted that he has had one complaint from a businessperson, who alleged that he is leaving the county because of the county’s sign ordinance and sign removal program.

Mr. Barclay stated staff spent a great deal of time telling the volunteers what types of signs they should remove and which ones they should allow staff to address.

Mr. Warren stated he has already seen the success of the program along Midlothian Turnpike, indicating that he is delighted that the program was implemented and wished staff continued success.

Mr. King expressed appreciation to Mr. Dick Page, the citizen who spearheaded the volunteer sign removal program.

Ms. Linda Worthington from the Richmond Metropolitan Convention and Visitors Bureau updated the Board on the NACo Conference held in Richmond on July 13th through 17th. She stated Convention Center officials received several positive remarks from both NACo officials and from many of the 3,500 conference attendees. She further stated the volunteers did a phenomenal job in making the conference a success.

Reverend Harold Braxton, representing the Civic and Progressive Action Association of the Matoaca Magisterial District (CAPAAMMD) presented resolutions to both Mrs. Humphrey and Mr. Ramsey, in recognition of their outstanding service to the county.

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

On motion of Mrs. Humphrey, seconded by Mr. Sowder, the Board added Item 9.B.24., Authorize the County Administrator to Execute a Construction Contract for Spring Run Elementary School Athletic Complex Phase I Construction of Sports Facilities; added Item 9.B.25., Set Date for Public Hearing to Consider the Upper Swift Creek Plan Amendment and Companion Ordinance Amendments; and adopted the Agenda, as amended.

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

Mr. Turner introduced Ms. Susan Blocher, who was present to receive the resolution.

WHEREAS, Ms. Susan R. Blocher is a pioneer in the development of an effective planning program for Chesterfield County; and

WHEREAS, Ms. Blocher started working for Chesterfield County on July 1, 1977 as an Animal Control Officer when the county had a population of 118,000 residents; and

WHEREAS, Ms. Blocher transferred to the Planning Department on May 26, 1987 and began working as a Zoning Inspector and Sign Ordinance Manager; and

WHEREAS, Ms. Blocher was promoted to Planner on April 16,1992 and began working with the commercial review division; and

WHEREAS, Ms. Blocher worked seven years in commercial review delivering superior customer service; and

WHEREAS, Ms. Blocher implemented numerous total quality improvements to development review processes, automation and customer service; and

WHEREAS, Ms. Blocher received the Exceptional Employee of the Year award in 1997 for her excellent customer service and outstanding dedication to her work; and

WHEREAS, Ms. Blocher was promoted to Senior Planner and began working in Residential Subdivision Review in 1999; and

WHEREAS, Ms. Blocher participated in the preparation and implementation of Chesterfield County’s subdivision ordinance guiding quality development; and

WHEREAS, Ms. Blocher always applied an ethical and fair-minded approach to development issues; and

WHEREAS, Ms. Blocher retires when the county has a population of 306,000 residents.

NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, the 25th day of July 2007, publicly recognizes Ms. Susan R. Blocher, and extends on behalf of its members and the citizens of Chesterfield County, appreciation for her service to the county, congratulations upon her retirement, and best wishes for a long and happy retirement.

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

Mr. Miller presented the executed resolution to Ms. Blocher, accompanied by her husband, expressed appreciation for her dedicated service, and congratulated her on her retirement.

Ms. Blocher expressed appreciation to her “extended family” in the Planning Department for their support over the years.

6.B. RECOGNIZING BLUEPRINT AUTOMATION, INCORPORATED AS THE 2007 FIRST CHOICE BUSINESS OF THE YEAR

Mr. Will Davis introduced Martin and Juliette Prakken, who were present to receive the resolution on behalf of Blueprint Automation, Incorporated.

WHEREAS, the Chesterfield County Board of Supervisors and Chesterfield County Economic Development established a Business Awards Program to recognize existing businesses within the county that contribute to the county’s economy and its citizens; and

WHEREAS, BluePrint Automation, Incorporated is located at 16037 Innovation Drive in Colonial Heights and employs approximately 80 employees; and

WHEREAS, founded in 1987, BluePrint Automation is a worldwide leader in the design and manufacturing of end of line automatic case packaging equipment; and

WHEREAS, in 2004, BluePrint announced the shipment of its 1000th machine out of their Chesterfield County facility; and

WHEREAS, BluePrint continues to grow and invest in Chesterfield County and is currently working on a 30,000-square foot expansion, which will include a $1.5 million investment in new manufacturing equipment and an increase in their employee base; and

WHEREAS, BluePrint’s community service activities include support of the American Cancer Society, Boy Scout Troop 912, Meals on Wheels, Children’s Hospital, Special Olympics and the “Angel Pilot” program.

NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 25th day of July 2007, publicly expresses its gratitude on behalf of the county to BluePrint Automation, Incorporated for its many contributions by recognizing it as the 2007 First Choice Business of the Year.

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

Mr. King presented the executed resolution to Mr. and Mrs. Prakken and congratulated BluePrint Automation on its selection as the 2007 First Choice Business of the Year.

Mr. Prakken expressed appreciation to the Board for the recognition and stated he is honored and humbled by the award.

6.C. RECOGNIZING VILLAGE BANK AS THE 2007 FIRST CHOICE COMMUNITY SERVICE AWARD WINNER

Mr. Davis introduced Mr. Tom Winfree, Mr. Harril Whitehurst, Mr. Dennis Falk, Mr. Buddy Sanders, who were present to receive the resolution on behalf of Village Bank.

WHEREAS, Village Bank is located at 1231 Alverser Drive in Midlothian and employs approximately 127 employees; and

WHEREAS, Village Bank provides financial services to Chesterfield County businesses and residents; and

WHEREAS, Village Bank’s annual revenues and capital expenditures in the county have been increasing, and it will be one of the first businesses to locate a headquarters in the Watkins Center development; and

WHEREAS, Village Bank truly lives it “community” bank philosophy through its support of causes in Chesterfield County and the region, with its annual golf outing raising over $35,000 last year for the Make-A-Wish Foundation; and

WHEREAS, Village Bank is a founding member of “The Families of the Wounded Fund,” which provides financial support to family members of military service men and women who have been severely wounded in combat, primarily in Iraq and Afghanistan.

NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors, this 25th day of July 2007, hereby expresses its gratitude on behalf of the county to Village Bank for its many contributions by recognizing it as the 2007 First Choice Community Service Award Winner.

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

Mr. Sowder presented the executed resolution to Mr. Winfree, accompanied by Mr. Whitehurst, Mr. Falk and Mr. Sanders, expressed appreciation for Village Bank’s contributions to the community, and congratulated them on the business’ selection as the 2007 First Choice Community Service Award Winner.

Mr. Winfree expressed appreciation to the Board for the recognition and stated the employees of Village Bank are proud to provide service to the community. He stated he will miss Mr. Ramsey and offered his support to Mr. Stegmaier.

6.D. RECOGNIZING GETLOADED.COM LLC AS THE 2007 FIRST CHOICE BUSINESS INNOVATION AWARD WINNER

Mr. Davis introduced Mr. Bryan Jones, Ms. Margie Cain, and Ms. Denika Gilbert, who were present to receive the resolution on behalf of GetLoaded.com.

WHEREAS, GetLoaded.com LLC is located at One Park West Circle in Midlothian and employs approximately 60 employees; and

WHEREAS, GetLoaded.com is the nation’s leading Internet load board and has been providing freight matching services for the transportation industry since 1999; and

WHEREAS, the company posts as many as 160,000 truck loads in a day and matches up brokers and shippers with motor carriers all across the U.S. and Canada through its innovative website; and

WHEREAS, GetLoaded.com continues to grow and invest in Chesterfield County and surpassed the one million dollar mark in revenues and experienced a 27% increase in growth in 2006; and

WHEREAS, GetLoaded.com also has a diverse work force with an onsite bi-lingual call center that serves the Hispanic trucking community; and

WHEREAS, GetLoaded.com has taken an active role in various community service activities, which include support of Special Olympics, Central Virginia Food Shelter, Angel Tree and Make-A-Wish Foundation, to name a few; and

WHEREAS, after Hurricane Katrina, GetLoaded.com used its vast resources in the transportation industry to coordinate and support relief efforts to the gulf region.

NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 25th day of July 2007, hereby expresses its gratitude on behalf of the county to GetLoaded.com LLC for its many contributions by recognizing it as the 2007 First Choice Business Innovation Award Winner.

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

Mr. Sowder presented the executed resolution to Mr. Jones, accompanied by Ms. Cain and Ms. Gilbert, and congratulated GetLoaded.com on its selection as the 2007 First Choice Business Innovation Award Winner.

Mr. Jones expressed appreciation to the Board for the recognition and stated this is an honor for the 67 employees of GetLoaded.com, who are the reason for the business’ success.

O PROPOSED AMENDMENT TO PARTS OF THE POWHITE/ROUTE 288 DEVELOPMENT AREA PLAN, ORTHERN AREA PLAN, MIDLOTHIAN AREA COMMUNITY PLAN, AND THE ROUTE 360 CORRIDOR PLAN RELATING TO THE NORTHERN COURTHOUSE ROAD COMMUNITY PLAN

Principal Planner Steven Haasch provided details of the Northern Courthouse Road Community Plan recommended for approval by the Planning Commission on May 15, 2007. He stated the Plan amends four existing plans, the oldest of which is from 1985, and encompasses approximately 8.5 miles or two percent of the entire county. He reviewed the study area geography; existing land uses and zoning along the Courthouse Road Corridor; and existing public facilities within the Plan geography. He then reviewed the major goals of the draft Plan. He provided details of the proposed land use plan, including residential classifications and office/residential mixed-use classifications, with a series of notes.

In response to Mr. Miller’s question, Mr. Haasch stated Note 2 would allow the conversion of existing houses along Courthouse Road to office use. He further stated the office/residential mixed-use classification is meant to preclude commercial, but to allow office use. He stated other notes limit the amount of land that could convert to office use to approximately 15 percent of the total office/residential mixed-use area.

Mr. Miller expressed concerns that only 100 acres of the approximate 600 acres would be available for office use, according to the Planning Commission’s recommendation.

In response to Mr. Miller’s question, Mr. Haasch stated staff originally recommended office/residential mixed-use classification without the note limiting the amount of land that could be converted to the classification. He then reviewed additional notes in the Plan, as well as commercial designations in the Plan. He provided details of the Planning Commission’s recommendation for the Reams/Courthouse Road intersection and the public/conservation designations within the Plan.

Discussion evolved relative to the Planning Commission and staff’s recommendations for the Moody tract.

Mr. Micas stated the County Attorney has determined that state law requires that a land use plan amendment must be acted upon within 90 days of the Planning Commission making a recommendation, indicating that the Board must act on both the Northern Courthouse Road Community Plan and the Upper Swift Creek Plan within that time period.

Discussion ensued relative to the Board’s options concerning the Plan, including referring it back to the Planning Commission with some direction; acting on the Plan following tonight’s public hearing; holding a special meeting prior to August 15th to act on the Plan; or adopting portions of the Plan and sending portions back to the Planning Commission.

Mr. Sowder stated, in his opinion, the Board has insufficient information to act on the Plan. He further stated an overriding issue in the entire plan is the safety data, which is incomplete. He expressed concerns that the intersection of Midlothian Turnpike and Courthouse Road is not part of the Plan. He stated, in his opinion, it would be irresponsible to consider the impacts of any decision regarding the Plan, from a safety standpoint, without considering the potential impact on this very difficult intersection. He suggested that a complete safety study be conducted by VDOT to include other options. He expressed concerns relative to the Planning Commission’s recommendation to remove the loop road from the Moody tract based on the easement, indicating that there may be other options for the loop road.

Mr. Warren stated he concurs with Mr. Sowder’s traffic and safety concerns. He further stated, according to VDOT, there have been 172 accidents, 3 fatalities and 117 injuries in the past three years in a 2.5-mile study area of Courthouse Road. He stated VDOT has indicated that this is the second most dangerous area in the state. He further stated, in his opinion, safety improvements should be explored when the Plan is adopted.

Discussion ensued relative to referring the Plan back to the Planning Commission and to the message conveyed by VDOT that the 2.5-mile study area of Courthouse Road is the second most dangerous in the state.

Mr. Ramsey stated the information provided by VDOT needs to be clarified, noting that Transportation staff does not view Courthouse Road as unsafe.

Mr. Miller expressed concerns that staff’s recommendation for the Plan was not provided to the Board. He stated the Board should be provided both staff and the Planning Commission’s recommendations to intelligently evaluate the Plan.

Mrs. Humphrey stated she would support a deferral of the Plan to provide the Board additional time to study data. She agreed with Mr. Miller that she would like to see staff’s recommendation. She stated she would like to see more commercial use on Courthouse Road, indicating that many of the residents along Courthouse Road have no uses for their property and no quality of life as a result of the road widening. She inquired whether the type of language used for the Reams/Courthouse Road intersection can be found anywhere else in the county’s Comprehensive Plan. She also inquired whether an access road parallel to Courthouse Road should be considered.

Mr. Miller stated Mr. Sowder and Mr. Warren, who have the most interest in the Plan, could determine between now and tonight’s public hearing whether they want to refer the Plan back to the Planning Commission and set a reasonable deadline for the Commission to further study the Plan.

Mr. Micas stated, once the Planning Commission makes a recommendation, the Board will still have only 90 days to act on the Plan. He suggested that the Board consider sending direction to the Planning Commission regarding the issues they should deal with, such as the Moody tract, the transportation network and the allocation of commercial uses.

Deputy County Attorney Jeffrey Mincks stated legislation adopted by the 2007 General Assembly provided the county with impact fee authority. He then provided information regarding a model for road impact fees in Chesterfield County. He reviewed cumulative promised/collected cash proffers and noted that the Board has also looked at other approaches to dealing with road improvements. He reviewed typical road construction costs from 1992 and 2006 and stated there will always be a gap in transportation costs. He stated, under the legislation, approximately 9,000 lots would be eligible for impact fees. He noted there are approximately 26,000 unbuilt cash proffer lots currently.

In response to Mr. Miller’s question, Mr. Mincks stated lots that are already subdivided are not available for impact fees. He provided details of the calculations used to determine a model for road impact fees in the county and stated staff has estimated the road impact fee at $5,800 per residential unit.

Mr. Mincks stated the legislation has limitations that do not allow the county to cover road costs in the way that cash proffers would. He further stated the legislation is a variation of the old Northern Virginia impact fee authority, which never really worked. He provided details of revenue estimates for both cash proffers and road impact fees over the next eight years. He stated the Board is being asked to refer the Impact Fee Road Improvement Plan, Comprehensive Plan Amendment and Impact Fee Ordinance to the Planning Commission to make recommendations to the Board in 60 days, and noted that the Board is required by state law to appoint an Impact Fee Ordinance Advisory Committee.

In response to Mr. Sowder’s question, Mr. Mincks stated road impact fees are collectible at the time of building permit approval.

On motion of Mrs. Humphrey, seconded by Mr. Sowder, the Board suspended its rules at this time to allow for simultaneous nomination/appointment of members to serve on the Impact Fee Ordinance Advisory Committee.

On motion of Mrs. Humphrey, seconded by Mr. Sowder, the Board created an Impact Fee Ordinance Advisory Committee and simultaneously nominated/appointed the following individuals to serve as members of the committee, whose terms are effective immediately and will be at the pleasure of the Board: Mr. Jim Reid, representing the Bermuda District; Ms. Vicki Stitzer, representing the Matoaca District; Mr. Ryland Reamy, representing the Clover Hill District; Mr. Edward DeGennaro, representing the Dale District; Mr. Gary Powers, representing the Midlothian District; and Ms. Andrea Epps, Mr. George Emerson, Mr. Buddy Sowers and Mr. Vernon McClure, development representatives.

And, further, the Board charged the committee with making a recommendation to the Board on an impact fee ordinance no later than September 19, 2007.

8.C. REFER IMPACT FEE ROAD IMPROVEMENT PLAN, COMPREHENSIVE PLAN AMENDMENT AND IMPACT FEE ORDINANCE TO PLANNING COMMISSION FOR RECOMMENDATION IN SIXTY DAYS

On motion of Mr. King, seconded by Mrs. Humphrey, the Board referred the Impact Fee Road Improvement Plan, Comprehensive Plan Amendment and Impact Fee Ordinance to the Planning Commission to make recommendations to the Board in 60 days.

On motion of Mrs. Humphrey, seconded by Mr. King, the Board suspended its rules at this time to allow for simultaneous nomination/appointment of members to serve on the Community Criminal Justice Board, the John Tyler Community College Local Board, and the Youth Services Citizen Board.

On motion of Mrs. Humphrey, seconded by Mr. King, the Board simultaneously nominated/appointed/reappointed the following individuals to serve on the Community Criminal Justice Board, whose terms are effective July 1, 2007 and expire June 30, 2009: The Honorable Edward A Robbins, Jr., The Honorable Philip V. Daffron, The Honorable William B. Bray, Sheriff Dennis Proffitt, Mr. Gregory D. Carr, Ms. Rebecca T. Dickson, Mr. David Mangano, Ms. Elvira B. Shaw, and Mr. Raeford W. Walker.

On motion of Mrs. Humphrey, seconded by Mr. King, the Board simultaneously nominated/appointed/reappointed Mr. Art Heinz and Mr. Thomas Fulghum, representing the county at-large, to serve as members of the John Tyler Community College Local Board, whose terms are effective July 1, 2007 and expire June 30, 2011. (It is noted Mr. Heinz will fill the vacancy left by Mr. John Grohusky, who concluded eight years of service and is not eligible for reappointment.)

On motion of Mrs. Humphrey, seconded by Mr. King, the Board simultaneously nominated/appointed/reappointed the following youth members to service on the Youth Services Citizen Board, whose terms are effective immediately and expire June 30, 2008:

Name                            District
Ms. Rachel Miller               Clover Hill
Ms. Chenell York                      Clover Hill
Ms. Kathleen Kraines            Clover Hill
Ms. Amanda Hopkins              Clover Hill
Ms. Adriana Brown               Matoaca
Mr. Matthew Lee Pulley          Matoaca
Mr. Thomas C. Robinson          Matoaca
Ms. Loren Murphy                      Dale
Ms. Lesley Brooks               Dale
Mr. Matthew Harris              Dale
Ms. Quiana Darden               Dale
Ms. Emily Collins               Midlothian
Ms. Gwenyth Gaba                      Midlothian
Ms. Jess Mara Jordan            Midlothian
Ms. Rachel Rodini               Midlothian

And further, the Board simultaneously nominated/appointed the following adult members to serve on the Youth Services Citizen Board whose terms are effective immediately:

Ms. Sharon Cason-Card Midlothian June 30, 2010
Ms. Carolyn Treibley Midlothian June 30, 2009

On motion of Mrs. Humphrey, seconded by Mr. King, the Board removed the following item from the Consent Agenda for public comment: Item 9.B.4., Award of Contract for Phase I and Phase III Options of the Carver Heights Sanitary Landfill Site Improvements.

9.B.1.a. RECOGNIZING LIEUTENANT ROBERT D. HARRIS, CHESTERFIELD FIRE AND EMERGENCY MEDICAL SERVICES DEPARTMENT, UPON HIS RETIREMENT

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

WHEREAS, Lieutenant Robert D. Harris retired from the Fire and Emergency Medical Department, Chesterfield County on July, 1, 2007; and

WHEREAS, Lieutenant Harris attended Recruit School #15 in 1984 and has faithfully served the county for twenty-eight years in various departments, including the Environmental Engineering Department from 1979 until 1984 and the Fire and Emergency Medical Services Department from 1984 until 2007; and

WHEREAS, Lieutenant Harris served as a firefighter at the Manchester Fire and EMS Station; as a lieutenant at the Ettrick and Wagstaff Fire and EMS Stations; and as a lieutenant at Engine 24, the first and only fully integrated fire and volunteer rescue squad combination station in the county, housed at Manchester Volunteer Rescue Squad; and

WHEREAS, Lieutenant Harris was recognized with an Emergency Medical Services Lifesave award in 1986 for his role in saving the life of a citizen suffering from cardiac arrest; and

WHEREAS, Lieutenant Harris was recognized with a Unit Citation in 1987 for his role in saving the life of a citizen who was seriously injured and trapped in his vehicle, with the vehicle on fire, following a motor vehicle collision; and

NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes the contributions of Lieutenant Robert D. Harris, expresses the appreciation of all residents for his service to the county, and extends appreciation for his dedicated service and congratulations upon his retirement.

9.B.1.b. RECOGNIZING AUGUST 7, 2007, AS “NATIONAL NIGHT OUT” IN CHESTERFIELD COUNTY

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

WHEREAS, each year in August, communities across the nation band together to demonstrate their unity in the fight against crime; and

WHEREAS, this show of solidarity by law-abiding citizens has been named “National Night Out”; and

WHEREAS, the National Night Out event taking place on August 7, 2007 will be the 24th annual event of this type; and

WHEREAS, last year’s National Night Out campaign involved citizens, law enforcement agencies, civic groups, businesses, neighborhood organizations and local officials from 10,000 communities in 50 states, U.S. territories, Canadian cities and military bases worldwide; and

WHEREAS, National Night Out is designed to heighten crime and drug prevention awareness; and

WHEREAS, this event also generates support for, and participation in, local anti-crime programs; and

WHEREAS, National Night Out strengthens neighborhood spirit and the relationships between police and the communities; and

WHEREAS, these events send a message to criminals that the communities are organized and fighting back against crime; and

WHEREAS, Chesterfield County has as one of its strategic goals: “To be the safest and most secure community compared to similar jurisdictions”; and

WHEREAS, National Night Out is an important component in the effort to achieve that goal.

NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors hereby recognizes August 7, 2007, as “National Night Out” in Chesterfield County, Virginia; thanks police, neighborhood watch groups and all others who have joined to prevent crime; and urges all residents and businesses in Chesterfield County to turn on their porch lights and other exterior lights and to gather with friends and neighbors on August 7, 2007 to demonstrate their unity in the fight against crime.

On motion of Mr. Sowder, 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. Sara Lauren Meyerhoeffer, 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, Sara 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. Sara Lauren Meyerhoeffer, 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.

9.B.1.d. RECOGNIZING MASTER OFFICER BRUCE E.RICHTER, POLICE DEPARTMENT, UPON HIS RETIREMENT

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

WHEREAS, Master Officer Bruce E. Richter retired from the Chesterfield County Police Department on July 1, 2007 after providing over 20 years of quality service to the citizens of Chesterfield County; and

WHEREAS, Master Officer Richter has faithfully served the county in the capacity of Patrol Officer, Senior Officer, and Master Officer; and

WHEREAS, during his tenure, Master Officer Richter served as Field Training Officer, Breathalyzer Operator, General Instructor, and Investigator; and

WHEREAS, Master Officer Richter distinguished himself by demonstrating teamwork, professionalism and dedication to duty; and

WHEREAS, Master Officer Richter was commended by his superiors within the Chesterfield County Police Department for his outstanding performance of duty, which led to the clearance of numerous cases, recovery of stolen property, and apprehension of criminals; and

WHEREAS, Master Officer Richter received letters of appreciation from numerous Chesterfield County citizens throughout his career for his dedication and devotion to duty; and

WHEREAS, Master Officer Richter 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 Master Officer Richter’s diligent service.

NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes Master Officer Bruce E. Richter, 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.

9.B.1.e. APPROVING ISSUANCE BY THE CHESTERFIELD ECONOMIC DEVELOPMENT AUTHORITY OF UP TO $54,000,000 OF ITS POLLUTION CONTROL REVENUE BONDS

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

RESOLUTION OF ECONOMIC DEVELOPMENT AUTHORITY
OF THE COUNTY OF CHESTERFIELD AUTHORIZING
THE ISSUANCE OF UP TO $54,000,000 OF
REVENUE BONDS FOR THE BENEFIT OF
VIRGINIA ELECTRIC AND POWER COMPANY

WHEREAS, the Economic Development Authority of the County of Chesterfield, a political subdivision of the Commonwealth of Virginia (the "Authority"), is empowered by the Industrial Development and Revenue Bond Act, Chapter 49, Title 15.2, Code of Virginia of 1950, as amended (the "Act") to issue its revenue bonds for the purpose of financing and refinancing industrial and commercial facilities in Virginia and to promote the commerce, safety, health, welfare, convenience or prosperity of citizens of Virginia;

WHEREAS, Virginia Electric and Power Company (the "Company") has requested the Authority to issue its revenue bonds in the principal amount not to exceed $54,000,000, from time to time and in one or more issues or series (collectively, the "Bonds") (1) in an amount not to exceed $40,000,000 (the "Refunding Bonds") to refund the Economic Development Authority of the County of Chesterfield Money Market Municipals Pollution Control Revenue Bonds (Virginia Electric and Power Company Project) Series 1984 (the "Prior Bonds"), currently outstanding in the aggregate principal amount of $40,000,000 and (2) in an amount not to exceed $14,000,000 (the "New Project Bonds") to finance or refinance new facilities at the Chesterfield Power Station for the control, treatment and disposal of solid waste materials resulting from operations at the Chesterfield Power Station, including but not limited to ash collection, handling, treatment and disposal facilities (collectively, the "New Project").

WHEREAS, the proceeds of the Prior Bonds were loaned to the Company and a portion of such proceeds were used to finance or refinance, in whole or in part, the acquisition, construction and equipping of certain air and water pollution control facilities and/or sewage or solid waste disposal facilities and related facilities and equipment (the "Facilities") at the Chesterfield Power Station of the Company located in Chester, Chesterfield County, Virginia, the Chesapeake Energy Center of the Company located in City of Chesapeake, Virginia, the Bremo Power Station of the Company located in Fluvanna County, Virginia and Yorktown Power Station of the Company located in York County, Virginia; and

WHEREAS, Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Code") provides that prior to the issuance and sale of tax-exempt bonds, the elected legislative body of the county or municipality in which the facilities refinanced with the proceeds of the bonds are located shall approve the bonds and the refinancing of the facilities following a public hearing; and

WHEREAS, the Company has requested in an application to the Authority dated May 31, 2007, a copy of which is attached hereto as Exhibit A, that the Authority conduct a public hearing, on behalf of the Board of Supervisors of Chesterfield County (the "County Board") to approve the refinancing of the Facilities and the issuance of the Refunding Bonds and the financing and refinancing of the New Project and the issuance of the New Project Bonds; and

WHEREAS, the Bonds will be limited obligations of the Authority and will not be an obligation or liability of the Authority, the County of Chesterfield (the "County"), the Commonwealth of Virginia or any other political subdivision or public body of the Commonwealth; and

WHEREAS, notice of the intention of the Authority to hold a public hearing, on behalf of the County Board, with respect to the issuance of the Bonds was published in accordance with the provisions of Section 147(f) of the Code and Section 15.2-4906 of the Act; and

WHEREAS, the Authority afforded an opportunity to all persons desiring to be heard on the question of the proposed issuance of the Bonds by the Authority; and

WHEREAS, the Authority has heard from all persons requesting to be heard on the question of the proposed issuance of the Bonds; and

WHEREAS, the Authority now desires to approve the issuance of the Bonds and the execution and delivery of the necessary financing documents to effectuate such issuance and to express its official intent to issue the Bonds and to execute and deliver certain applications with respect to the issuance of such New Project Bonds.

NEITHER THE BONDS NOR THE INTEREST ON THEM SHALL EVER CONSTITUTE AN INDEBTEDNESS OR A CHARGE AGAINST THE FAITH AND CREDIT OR TAXING POWERS OF THE COMMONWEALTH OF VIRGINIA OR ANY OF ITS POLITICAL SUBDIVISIONS, INCLUDING THE AUTHORITY AND THE COUNTY, WITHIN THE MEANING OF ANY CONSTITUTIONAL OR CHARTER PROVISION OR STATUTORY LIMITATION AND NEITHER SHALL EVER CONSTITUTE OR GIVE RISE TO ANY PECUNIARY LIABILITY OF THE COMMONWEALTH OF VIRGINIA OR ANY OF ITS POLITICAL SUBDIVISIONS, INCLUDING THE AUTHORITY AND THE COUNTY. THE BONDS SHALL NOT CONSTITUTE AN INDEBTEDNESS TO WHICH THE FAITH AND CREDIT OF THE COMMONWEALTH OF VIRGINIA OR ANY OF ITS POLITICAL SUBDIVISIONS, INCLUDING THE AUTHORITY AND THE COUNTY, IS PLEDGED. THE BONDS AND THE INTEREST ON THEM SHALL BE LIMITED OBLIGATIONS OF THE AUTHORITY, AND THE PRINCIPAL OR PURCHASE PRICE OF, PREMIUM IF ANY, AND INTEREST ON THE BONDS SHALL BE PAYABLE SOLELY FROM MONEYS RECEIVED IN CONNECTION WITH THE REFUNDING OF THE PRIOR BONDS AND THE FINANCING AND/OR REFINANCING OF THE NEW PROJECT AND FROM ANY OTHER MONEYS MADE AVAILABLE FOR SUCH PURPOSE.

be issued in the aggregate principal amount not to exceed $54,000,000 from time to time and in one or more issues or series;

be issuable in the denomination of $5,000 or such other denomination approved by the Chairman of the Authority; mature in the amounts and on the dates as set forth on the cover of any Official Statement or other offering document corresponding to a particular series or issue of Bonds; be payable in such amounts, at such times, and at such place or places as provided in the form of Bond; be subject to redemption prior to maturity and be subject to purchase at such price or prices and under such terms and conditions as are set forth in the applicable Indenture; and

(b) The Chairman is hereby authorized to execute, by his manual or facsimile signature, to deliver, in the name and on behalf of the Authority, and to cause the corporate seal of the Authority, attested by the manual or facsimile signature of the Secretary of the Authority, to be impressed upon the Bond Documents; and

9.B.2. AWARD OF ANNUAL REQUIREMENTS CONTRACTS TO PERFORM ENVIRONMENTAL SERVICES FOR CHESTERFIELD COUNTY

On motion of Mr. Sowder, seconded by Mr. King, the Board authorized the County Administrator to execute three requirements contracts with Timmons Group, EEE Consulting and Schnabel Engineering, for environmental services as needed for county projects.

On motion of Mr. Sowder, seconded by Mr. King, the Board amended the minutes of May 23, 2007 to add the proffered conditions that were inadvertently omitted from Zoning Case 07SN0205 as follows:

“Mr. Sowder then made a motion, seconded by Mrs. Humphrey, for the Board to approve Case 07SN0205 and accept the proffered conditions.

Mr. Miller stated he will abstain from voting on this request because he is not satisfied that eliminating the median requirement would be the right thing to do, referring to a similar situation on Beach Road.

Mr. King stated he will support the request, although he fears that the applicant may be back before the Board some day. He further stated, if he owned a business at this location, he would be very upset if a median was constructed and access restricted.

“Mr. Sowder then made a motion, seconded by Mrs. Humphrey, for the Board to approve Case 07SN0205 and accept the proffered conditions.

Mr. Miller called for a vote on the motion of Mr. Sowder, seconded by Mrs. Humphrey, for the Board to approve Case 07SN0205 and accept the following proffered conditions:

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

1. Permitted Uses. The following shall be the only uses permitted on the Property:

a. bank, credit union or savings and loan association, with or without drive-in windows and ATM machines; and
b. offices. (P)

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

i. construct additional pavement along Otterdale Woods Road to provide a southbound right turn lane at the Buckinham Service Road intersection; and

b. Prior to any site plan approval, fifty (50) feet of right-of-way measured from the centerline of Otterdale Woods Road immediately adjacent to the Property shall be dedicated, free and unrestricted, to and for the benefit of Chesterfield County.

c. There shall be no direct vehicular access from the Property to Midlothian Turnpike (Route 60) and/or Otterdale Woods Road.

9.B.5. APPROPRIATION OF FUNDS FROM THE FLEET MANAGEMENT DIVISION’S RETAINED EARNINGS FOR FACILITY UPGRADES TO THE WALMSLEY SCHOOL BUS SHOP

On motion of Mr. Sowder, seconded by Mr. King, the Board appropriated $103,200 from the Fleet Management Division’s retained earnings for facility improvements at the Walmsley School Bus Shop.

9.B.6. APPROVAL OF A SPECIAL PROJECT SERVICE AGREEMENT FOR TEXTILE COLLECTION AND RECYCLING PROGRAM THROUGH THE CENTRAL VIRGINIA WASTE MANAGEMENT AUTHORITY

On motion of Mr. Sowder, seconded by Mr. King, the Board authorized the County Administrator to sign a Special Project Service Agreement for the Central Virginia Waste Management Authority’s Textile Collection and Recycling Program. (It is noted a copy of the agreement is filed with the papers of this Board.)

9.B.7. CONSIDERATION OF WAIVER OF COUNTY REPURCHASE RIGHT FOR 7501 WHITEPINE ROAD

On motion of Mr. Sowder, seconded by Mr. King, the Board authorized the County Administrator to execute a waiver of the right to repurchase property located at 7501 Whitepine Road contained in the restrictive covenants of the Chesterfield Airport Industrial Park.

9.B.8. APPROVAL OF FY2008 CHESTERFIELD COMMUNITY SERVICES BOARD PERFORMANCE CONTRACT

On motion of Mr. Sowder, seconded by Mr. King, the Board approved the FY2008 Performance Contract between the Chesterfield Community Services Board and the Virginia Department of Mental Health, Mental Retardation, and Substance Abuse Services.

9.B.9. REFER TO PLANNING COMMISSION PROPOSED AMENDMENTS TO COUNTY CODE SECTIONS 19-65 AND 19-124 RELATING TO THE OPERATION OF MOTORCYCLES, ATVS AND GO-CARTS ON AGRICULTURAL AND RESIDENTIAL PROPERTY

On motion of Mr. Sowder, seconded by Mr. King, the Board referred the proposed amendments to County Code Sections 19-65 and 19-124 relating to the operation of motorcycles, ATVs and go-carts on Agricultural and Residential property to the Planning Commission.

9.B.10. APPROPRIATION OF FUNDS IN FY2008 FROM THE VIRGINIA MENTAL HEALTH, MENTAL RETARDATION, AND SUBSTANCE ABUSE SERVICES DEPARTMENT AND VARIOUS OTHER ONE-TIME SOURCES FOR THE CHESTERFIELD COMMUNITY SERVICES BOARD FOR EMERGENCY, SUBSTANCE ABUSE, AND CONSULTANT SERVICES

On motion of Mr. Sowder, seconded by Mr. King, the Board appropriated $419,125 in revenue and expenditures for the Chesterfield Community Services Board, county department of Mental Health Support Services for emergency, substance abuse, and consultant services, and created five new full-time positions.

9.B.11. AUTHORIZATION FOR NTELOS TO APPLY FOR CONDITIONAL USE OR CONDITIONAL USE PLANNED DEVELOPMENT FOR A FLAGPOLE TOWER AND COMMUNICATIONS ANTENNAE AND EQUIPMENT TO BE INSTALLED ON COUNTY PROPERTY AT WOODLAKE CENTRAL PARK WITH ACCESS ACROSS CLOVER HILL ELEMENTARY SCHOOL

On motion of Mr. Sowder, seconded by Mr. King, the Board authorized Ntelos to apply for conditional use or conditional use planned development for a flagpole tower and communications antennae and equipment to be installed on county property at Woodlake Central Park with access across Clover Hill Elementary School. (It is noted a copy of the vicinity sketch is filed with the papers of this Board.)

On motion of Mr. Sowder, seconded by Mr. King, the Board approved the following revised water contract for Erinton At The Highlands, Contract Number 04-0460, which includes 3,865 L.F. + of 16-inch oversized water lines:

Contract Amount:
     Estimated County Cost for Additional Work . . $52,685.50
     Estimated County Cost for Oversizing. . . . . $52,525.00
     Estimated Developer Cost. . . . . . . . . . .$285,829.10
     Estimated Total . . . . . . . . . . . . . . .$391,039.60

Code: (Refunds thru Connections – Oversizing) 5B-572VO-E4C
(Cash Refund – Additional Work) 5B-572WO-E4C

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

On motion of Mr. Sowder, seconded by Mr. King, the Board approved the following utility contract for Mount Blanco On The James, Contract Number 05-0314, which includes an 3,047 L.F. + of offsite wastewater lines:

Contract Amount:
     Estimated County Cost for Offsite (Water) .   $16,850.00
     Estimated County Cost for Oversizing (Water) $43,112.00
     Estimated County Cost for Oversizing
     (Wastewater) . . . . . . . . . . . . . . .   $18,172.00
     Estimated County Cost for Office (Wastewater) $96,269.00
     Estimated Developer Cost. . . . . . . . . . $882,693.00
     Estimated Total . . . . . . . . . . . . . .$1,057,096.00

Code:
     (Refunds thru Connections – Oversizing
     Water)                                   5B-572VO-E4C
     (Refunds thru Connections – Oversizing
     Wastewater)                              5N-572VO-E4C
     (Refunds thru Connections – Offsite Water) 5N-572VO-E4D
     (Refunds thru Connections – Offsite
     Wastewater)                              5N-572VO-E4D

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

9.B.14. APPROVAL OF A WETLANDS MITIGATION AGREEMENT WITH BYRD CREEK, LLC FOR THE REPLACEMENT CLOVER HILL HIGH SCHOOL

On motion of Mr. Sowder, seconded by Mr. King, the Board authorized the County Administrator to execute a Wetlands Mitigation Agreement with Byrd Creek, LLC for the Replacement Clover Hill High School.

9.B.15.a. TO VIRGINIA ELECTRIC AND POWER COMPANY FOR UNDERGROUND CABLE TO PROVIDE SERVICE TO THE NEW CHESDIN WEST WATER PUMP STATION

On motion of Mr. Sowder, 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 Chesdin West Water Pump Station. (It is noted a copy of the plat is filed with the papers of this Board.)

9.B.15.b. TO VERIZON VIRGINIA INCORPORATED TO INSTALL UNDERGROUND CABLE ACROSS COUNTY PROPERTY TO SERVE THE NEW TOMAHAWK CREEK MIDDLE SCHOOL

On motion of Mr. Sowder, seconded by Mr. King, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute an easement agreement with Verizon Virginia Incorporated to install underground cable across county property to serve the new Tomahawk Creek Middle School. (It is noted a copy of the plat is filed with the papers of this Board.)

9.B.16.a. FROM JIMMY R. COLEMAN AND GALINA A. COLEMAN FOR A FENCE TO ENCROACH WITHIN AN EIGHT-FOOT EASEMENT AND A SIXTEEN-FOOT DRAINAGE EASEMENT ACROSS LOT 30, TANNER VILLAGE, SECTION A AT CHARTER COLONY

On motion of Mr. Sowder, seconded by Mr. King, the Board approved a request from Jimmy R. Coleman and Galina A. Coleman for permission for a fence to encroach within an 8-foot easement and a 16-foot drainage easement across Lot 30, 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.)

9.B.16.b. FROM OTIS R. JONES, SR. AND BRENDA C. JONES FOR A ; PROPOSED PRIVACY FENCE TO ENCROACH WITHIN A SIXTEEN-FOOT DRAINAGE EASEMENT ACROSS LOT 7, KING'S GROVE, SECTION 3 AND A RESUBDIVISION OF LOTS 41 THROUGH 44, SECTION G, JESSUP FARMS

On motion of Mr. Sowder, seconded by Mr. King, the Board approved a request from Otis R. Jones, Sr. and Brenda C. Jones for permission for a proposed privacy fence to encroach within a 16-foot drainage easement across Lot 7, King’s Grove, Section 3 and a resubdivision of Lots 41 through 44, Section G, Jessup Farms, subject to the execution of a license agreement. (It is noted a copy of the plat is filed with the papers of this Board.)

9.B.16.c. FROM ELLIS M. SMITH AND FAYE B. SMITH FOR LANDSCAPING TO ENCROACH WITHIN AN EIGHT-FOOT EASEMENT ACROSS LOT 32, MADISON VILLAGE, SECTION A AT CHARTER COLONY

On motion of Mr. Sowder, seconded by Mr. King, the Board approved a request from Ellis M. Smith and Faye B. Smith for permission for landscaping to encroach within an 8-foot easement across Lot 32, 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.)

9.B.16.d. FROM JANET STEINRUCK FOR A PROPOSED PRIVACY FENCE TO ENCROACH WITHIN A SIXTEEN-FOOT EASEMENT AND A SIXTEEN-FOOT DRAINAGE EASEMENT ACROSS LOT 21, BLOCK A, FREDERICK FARMS

On motion of Mr. Sowder, seconded by Mr. King, the Board approved a request from Janet Steinruck for permission for a proposed privacy fence to encroach within a 16-foot easement and a 16-foot drainage easement across Lot 21, Block A, Frederick Farms, subject to the execution of a license agreement. (It is noted a copy of the vicinity sketch is filed with the papers of this Board.)

9.B.16.e. FROM SAVOY CORPORATION TO INSTALL A PRIVATE DRAINAGE PUMP IN A SIXTEEN-FOOT DRAINAGE EASEMENT ACROSS LOT 21, OTTERDALE, SECTION E

On motion of Mr. Sowder, seconded by Mr. King, the Board approved a request from Savoy Corporation for permission to install a private drainage pump in a 16-foot drainage easement across Lot 21, Otterdale, Section E, subject to the execution of a license agreement. (It is noted a copy of the plat is filed with the papers of this Board.)

9.B.17. REQUEST TO VACATE AND REDEDICATE A SIXTEEN-FOOT SEWER EASEMENT ACROSS THE PROPERTIES OF KINSTON IOTC, LLC, ACV RAD CHESTER, LLC, MDS CHESTER, LLC, AND TTM CHESTER, LLC

On motion of Mr. Sowder, seconded by Mr. King, the Board authorized the Chairman of the Board of Supervisors and County Administrator to execute an agreement to vacate and rededicate a 16-foot sewer easement across the properties of Kinston IOTC, LLC, ACV RAD Chester, LLC, and TTM Chester, LLC. (It is noted a copy of the plat is filed with the papers of this Board.)

9.B.18.a. FOR THE EXTENSION OF WEST WINTERFIELD ROAD, MICHAUX SPRINGS DRIVE, MICHAUX PARK LANE AND MICHAUX VILLAGE DRIVE FROM MICHAUX ASSOCIATES, LLC

On motion of Mr. Sowder, seconded by Mr. King, the Board accepted the conveyance of four parcels of land containing a total of 2.260 acres, for the extension of West Winterfield Road, Michaux Springs Drive, Michaux Park Lane and Michaux Village Drive, from Michaux Associates, LLC, and authorized the County Administrator to execute the deed. (It is noted a copy of the plat is filed with the papers of this Board.)

9.B.18.b. FOR RIVER HAVEN AVENUE AND RIVER HAVEN BOULEVARD FROM RIVERMONT DEVELOPMENT COMPANY, LLC

On motion of Mr. Sowder, seconded by Mr. King, the Board accepted the conveyance of five parcels of land containing a total of 4.52 acres, for River Haven Avenue and River Haven Boulevard, from Rivermont 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.)

9.B.19. APPROVAL OF A STREAM MITIGATION AGREEMENT WITH VIRGINIA HABITATS II, LLC FOR THE REPLACEMENT CLOVER HILL HIGH SCHOOL

Mrs. Humphrey suggested that staff take a look at the process for contracting mitigation agreements, indicating that it is Chesterfield’s watersheds that need to be protected.

On motion of Mr. Sowder, seconded by Mr. King, the Board authorized the County Administrator to execute a Stream Mitigation Agreement with Virginia Habitats II, LLC for the Replacement Clover Hill High School.

9.B.20. ACCEPTANCE OF A GRANT AWARDED BY THE VIRGINIA DEPARTMENT OF CRIMINAL JUSTICE SERVICES FOR THE 2006 LAW ENFORCEMENT TERRORISM PREVENTION PROGRAM

On motion of Mr. Sowder, seconded by Mr. King, the Board authorized the Police Department to accept and appropriate an award from the Virginia Department of Criminal Justice Services, Law Enforcement Terrorism Prevention Program Grant in the amount of $275,000, and authorized the County Administrator to execute all documents.

9.B.21. REQUEST FOR A PERMIT FOR WOODLAKE COMMUNITY ASSOCIATION TO STAGE A FIREWORKS DISPLAY AT THE WOODLAKE PAVILION/AMPHITHEATER ON SEPTEMBER 1, 2007 WITH A RAIN DATE OF SEPTEMBER 3, 2007

On motion of Mr. Sowder, seconded by Mr. King, the Board approved a permit for Woodlake Community Association to stage a fireworks display at the Woodlake Pavilion/Amphitheater on September 1, 2007, with a rain date of September 3, 2007.

9.B.22.a. FROM THE BERMUDA DISTRICT IMPROVEMENT FUND TO THE PARKS AND RECREATION DEPARTMENT TO DEFRAY THE COSTS OF CHESTERFEST

On motion of Mr. Sowder, seconded by Mr. King, the Board transferred $2,000 from the Bermuda District Improvement Fund to the Parks and Recreation Department to rent space and equipment for ChesterFest.

9.B.22.b. FROM THE BERMUDA DISTRICT IMPROVEMENT FUND TO THE CHESTERFIELD COUNTY SCHOOL BOARD TO PURCHASE AND INSTALL GOAL POSTS ON THE FOOTBALL FIELD AT THOMAS DALE HIGH SCHOOL

On motion of Mr. Sowder, seconded by Mr. King, the Board transferred $7,140 from the Bermuda District Improvement Fund to the Chesterfield County School Board to purchase and install goal posts on the football field at Thomas Dale High School.

9.B.23. AWARD OF CONTRACT TO PREPARE APPLICATION TO REISSUE THE COUNTY’S VIRGINIA STORMWATER MANAGEMENT PROGRAM – MUNICIPAL SEPARATE STORM SEWER SYSTEM (VSMP-MS4) PERMIT

9.B.24. AUTHORIZE THE COUNTY ADMINISTRATOR TO EXECUTE A CONSTRUCTION CONTRACT FOR SPRING RUN ELEMENTARY SCHOOL ATHLETIC COMPLEX PHASE I CONSTRUCTION OF SPORTS FACILITIES

On motion of Mr. Sowder, seconded by Mr. King, the Board authorized the County Administrator to execute a construction contract with Enviroscape, Incorporated, in the amount of $237,000, for work at Spring Run Elementary School to construct a new multipurpose athletic field.

9.B.25. SET DATE FOR PUBLIC HEARING TO CONSIDER THE UPPER SWIFT CREEK PLAN AMENDMENT AND COMPANION ORDINANCE AMENDMENTS

On motion of Mr. Sowder, seconded by Mr. King, the Board set the date of August 22, 2007 for a public hearing for the Board to consider adoption of the Upper Swift Creek Plan amendment, and to consider adoption of associated ordinance amendments relative to: (1) increasing buffers along arterial roads for residentially zoned properties within the Plan amendment geography; (2) requiring water and wastewater connections for most types of development within the Plan amendment geography that does not lie within the recommended deferred growth area; (3) prohibiting extension of water and wastewater service into the recommended deferred growth area; and (4) implementing new phosphorous standards for new development within the Upper Swift Creek watershed.

9.B.4. AWARD OF CONTRACT FOR PHASE I AND PHASE III OPTIONS OF THE CARVER HEIGHTS SANITARY LANDFILL SITE IMPROVEMENTS

Mr. George Beadles stated the county has learned a lot about landfills and is now spending great amounts of money, and rightfully so, to close landfills. He further stated he supports taking care of closed landfills, indicating that it is good to know the county is complying with landfill requirements.

On motion of Mr. King, seconded by Mr. Miller, the Board authorized the County Administrator to accept the Phase I and Phase III bids from Shoosmith Brothers, Incorporated at a cost of $407,287 and $65,250, respectively, for site improvements at the closed Carver Heights Sanitary Landfill and entered into a contract with Shoosmith Brothers, Incorporated for these specific site improvements.

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

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 Improvement Funds, and Lease Purchases.

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

Gorham Court (Route 7159) – From Gorham Lane
(Route 7157) to Cul-de-sac 0.12 Mi.

Gorham Lane (Route 7157) – From Coalfield Road
(Route 754) to Nailor Way (Route 7158) 0.06 Mi.

Gorham Lane (Route 7157) – From Gorham Court
(Route 7159) to Cul-de-sac 0.01 Mi.

Gorham Lane (Route 7157) – From Nailor Way
(Route 7158) to Gorham Court (Route 7159) 0.05 Mi.

Nailor Way (Route 7158) – From Gorham Lane
(Route 7157) to Cul-de-sac 0.07 Mi.

Kings Grove Drive (Route 7130) – From Bareback
Terrace (Route 5864) to Regal Grove Drive
(Route 7128) 0.05 Mi.

Kings Grove Drive (Route 7130) – From Regal
Grove Drive (Route 7128) to temporary end of
maintenance 0.08 Mi.

Regal Grove Drive (Route 7128) – From Kings
Grove Drive (Route 7130) to Regal Grove Lane
(Route 7129) 0.06 Mi.

Regal Grove Drive (Route 7128) – From Regal
Grove Lane (Route 7129) to temporary end
of maintenance 0.11 Mi.

Regal Grove Lane (Route 7129) – From Regal
Grove Drive (Route 7128) to Kings Grove Drive
(Route 7130) 0.10 Mi.

Rose Glen Drive (Route 7146) – From Rose
Glen Place (Route 7147) to Rose Glen Turn
(Route 7148) 0.07 Mi.

Rose Glen Drive (Route 7146) – From Rose
Glen Turn (Route 7148) to Cul-de-sac 0.07 Mi.

Rose Glen Drive (Route 7146) – From Old
Hundred Road (Route 754) to Rose Glen Place
(Route 7147) 0.04 Mi.

Rose Glen Place (Route 7147) – From Rose
Glen Drive (Route 7146) to Cul-de-sac 0.04 Mi.

Rose Glen Turn (Route 7148) – From Rose
Glen Drive (Route 7146) to Cul-de-sac 0.02 Mi.

Clemons Circle (Route 7173) – From Clemons
Way (Route 7172) to Clemons Way (Route 7172) 0.08 Mi.

Clemons Drive (Route 5950) – From 0.01 mile
west of Rolling Springs Drive (Route 5946)
to Clemons Way (Route 7172) 0.13 Mi.

Clemons Way (Route 7172) – From Clemons Circle
(Route 7173) to Cul-de-sac 0.05 Mi.

Clemons Way (Route 7172) – From Clemons Drive
(Route 5950) to Pipers Terrace (Route 7174) 0.11 Mi.

Clemons Way (Route 7172) – From Clemons Circle
(Route 7173) to Clemons Circle (Route 7173) 0.02 Mi.

Clemons Way (Route 7172) – From Clemons Drive
(Route 5950) to Clemons Circle (Route 7173) 0.09 Mi.

Pipers Terrace (Route 7174) – From Clemons Way
(Route 7172) to Cul-de-sac 0.03 Mi.

Pipers Terrace (Route 7174) – From Clemons Way
(Route 7172) to Cul-de-sac 0.05 Mi.

Rolling Springs Drive (Route 5946) – From 0.01
mile northwest of Clemons Drive (Route 5950) to
temporary end of maintenance 0.04 Mi.

Water Race Court (Route 7144) – From Water Race
Drive (Route 7061) to Cul-de-sac 0.04 Mi.

Water Race Drive (Route 7061) – From 0.02 mile
east of South Windmill Ridge Drive (Route 7056)
to Water Race Court (Route 7144) 0.02 Mi.

Water Race Drive (Route 7061) – From Water Race
Court (Route 7144) to Water Race Terrace (Route
7145) 0.10 Mi.

Water Race Terrace (Route 7145) – From Water Race
Drive (Route 7061) to Cul-de-sac 0.12 Mi.

Water Race Terrace (Route 7145) – From Water Race
Drive (Route 7061) to Cul-de-sac 0.05 Mi.

Church Point Road (Route 7153) – From Willow Hill
Lane (Route 7150) to Willow Hill Lane (Route 7150) 0.07 Mi.

Church Point Road (Route 7153) – From Willow Hill
Lane (Route 7150) to end of road 0.05 Mi.

Lamberts Creek Lane (Route 7152) – From Willow
Hill Lane (Route 7149) to temporary end of
maintenance 0.03 Mi.

Willow Hill Court (Route 7151) – From Willow
Hill Lane (Route 7150) to Cul-de-sac 0.20 Mi.

Willow Hill Drive (Route 7149) – From Springford
Parkway (Route 5717) to Willow Hill Lane (Route
7150) 0.04 Mi.

Willow Hill Lane (Route 7150) – From Willow Hill
Court (Route 7151) to Church Point Road (Route
7153) 0.07 Mi.

Willow Hill Lane (Route 7150) – From Church Point
Road (Route 7153) to temporary end of maintenance 0.03 Mi.

Willow Hill Lane (Route 7150) – From Church Point
Road (Route 7153) to Cul-de-sac 0.05 Mi.

Willow Hill Lane (Route 7150) – From Willow Hill
Drive (Route 7149) to temporary end of maintenance 0.01 Mi.

Willow Hill Lane (Route 7150) – From Willow Hill
Drive (Route 7149) to Willow Hill Court (Route
7151) 0.06 Mi.

Mahogany Court (Route 7162) – From Mahogany Drive
(Route 7161) to Cul-de-sac 0.05 Mi.

Mahogany Drive (Route 7161) – From Mahogany Court
(Route 7162) to Mahogany Place (Route 7163) 0.10 Mi.

Mahogany Drive (Route 7161) – From Mahogany Place
(Route 7163) to Cul-de-sac 0.16 Mi.

Mahogany Drive (Route 7161) – From 0.05 mile
southeast of Orchard Lane (Route 5837) to
Mahogany Court (Route 7162) 0.05 Mi.

Mahogany Place (Route 7163) – From Mahogany
Drive (Route 7161) to Cul-de-sac 0.08 Mi.

Mahogany Place (Route 7163) – From Mahogany
Drive (Route 7161) to Summerford Drive (Route
5255) 0.05 Mi.

Mahogany Drive (Route 7161) – From Orchard Drive
(Route 5837) to Cul-de-sac 0.10 Mi.

Mahogany Drive (Route 7161) – From Orchard Drive
(Route 5837) to Cul-de-sac 0.05 Mi.

Orchard Drive (Route 5837) – From Orchard Place
(Route 7160) to Mahogany Drive (Route 7161) 0.08 Mi.

Orchard Drive (Route 5837) – From 0.02 mile east
of Orchard Terrace (Route 5839) to Orchard Place
(Route 7160) 0.13 Mi.

Orchard Place (Route 7160) – From Orchard Drive
(Route 5837) to Cul-de-sac 0.04 Mi.

Eastfair Drive (Route 5186) - From Allerdice
Terrace (Route 5162) to Highland Glen Drive
(Route 5160) 0.16 Mi.

Eastfair Drive (Route 5186) – From Highland Glen
Drive (Route 5160) to temporary end of maintenance 0.26 Mi.

Highland Glen Drive (Route 5160) – From Lammermoor
Drive (Route 5535) to Eastfair Drive (Route 5186) 0.21 Mi.

Fountain View Drive (Route 7175) – From Sailboat
Lane (Route 7176) to temporary end of maintenance 0.01 Mi.

Fountain View Drive (Route 7175) – From Woolridge
Road (Route 668) to Sailboat Lane (Route 7176) 0.28 Mi.

Sailboat Circle (Route 7178) – From Sailboat Drive
(Route 7180) to Sailboat Lane (Route 7176) 0.18 Mi.

Sailboat Circle (Route 7178) – From Sailboat Lane
(Route 7176) to Sailboat Place (Route 7179) 0.23 Mi.

Sailboat Circle (Route 7178) – From Sailboat Place
(Route 7179) to Sailboat Drive (Route 7180) 0.09 Mi.

Sailboat Court (Route 7177) – From Sailboat
Circle (Route 7178) to Cul-de-sac 0.05 Mi.

Sailboat Drive (Route 7180) – From Sailboat
Circle (Route 7178) to Watermill Parkway
(Route 5583) 0.09 Mi.

Sailboat Lane (Route 7176) – From Fountain
View Drive (Route 7175) to Sailboat Circle
(Route 7178) 0.03 Mi.

Sailboat Place (Route 7179) – From Sailboat
Circle (Route 7178) to Cul-de-sac 0.08 Mi.

Cove View Lane (Route 7053) – From Savage View
Drive (Route 7181) to Cul-de-sac 0.07 Mi.

Cove View Lane (Route 7053) – From 0.01 mile east
of Wave Lane (Route 7052) to Savage View Drive
(Route 7181) 0.05 Mi.

Fountain View Drive (Route 7175) – From 0.01 mile
east of Sailboat Lane (Route 7176) to Savage
View Drive (Route 7181) &nbs

Chesterfield Officials

BOARD OF SUPERVISORS

MINUTES

July 25, 2007