Summary of Actions Taken by the Board on September 13, 2005

Mr. Thornton led the Board, staff, and public in reciting the Pledge of Allegiance.

Rev. Joseph T. Driver, Gospel Jail Ministries, provided the invocation.

The minutes of the August 9, 2005 Regular and Special Meetings, and August 3, 2005 Special Meeting were approved.

PUBLIC COMMENTS

Charita M. Lee, Secretary of the Fairfield Woods Homeowners Association and a resident of the Varina District, expressed concerns regarding the status of plans to correct a drainage problem behind the homes on Battersea Place in the Fairfield Woods subdivision. Lawrence Demena, a resident of Fairfield Woods, added his concerns regarding this matter.

Eric S. Dodge, a resident of the Three Chopt District, expressed concerns regarding the County’s criteria for the imposition of additional fines for speeding on residential streets.

Patty Taylor, a resident of the Varina District, expressed concerns regarding a drainage and erosion problem along New Osborne Turnpike in the vicinity of the CSX railroad underpass.

William Walker, a resident of the Three Chopt District, expressed concerns regarding government control and micromanagement and the reluctance of citizens to take personal responsibility for their homes and property.

BOARD OF SUPERVISORS’ COMMENTS

Mrs. O’Bannon recognized Adam Baker from Boy Scout Troop 702, sponsored by Second Baptist Church, who was attending the meeting to fulfill a requirement for the Citizenship in the Community Merit Badge.

Mr. Donati commented on the success of the Babe Ruth Softball 16 & Under World Series, which was held at Dorey Park on August 12 – 19, 2005, and noted the generous support of the community for this event. He thanked J. Wesley Malcomb, the County’s Director of Recreation and Parks, and Mr. Malcomb’s staff for their assistance in overseeing maintenance of the fields and also thanked Mr. Hazelett for his assistance with the tournament.

Mr. Thornton announced that he had attended the homecoming of Warner M. Jones, Sr., a member of the Henrico County Historic Preservation Advisory Committee and retired Henrico County principal, teacher, and historian. Mr. Jones passed away on September 8, 2005 at the age of 92. Mrs. O’Bannon noted that Mr. Jones had a deep knowledge of Virginia Randolph and the local community.

Mr. Kaechele pointed out that the Chairman of the County’s School Board, Lloyd E. Jackson, Jr., was seated in the audience.

Mrs. O’Bannon stated publicly that she hoped local gasoline stations would begin selling ethanol fuel in view of recent gasoline shortages.

RECOGNITION OF NEWS MEDIA

Mr. Thornton recognized Olympia Meola from the Richmond Times-Dispatch, Tom Lappas from the Henrico Citizen, and Jonathan Spiers from the Henrico County Leader.

PRESENTATIONS

Mr. Thornton presented a proclamation recognizing September 16 - 18, 2005 as Veterans Recognition Weekend. Accepting the proclamation was Michael A. Gony, Market Manager for Woody’s Funeral Home.

Mrs. O’Bannon presented a proclamation recognizing September 17, 2005 as Henricus Publick Day. Accepting the proclamation in costume were Rebecca Mitchell, portraying Pocahontas, and Bonnie Mitchell, portraying an English colonist.

Mr. Kaechele presented a proclamation recognizing September 17 – 23, 2005 as Constitution Week. Accepting the proclamation was Lea A. Gilman, Librarian of the Old Dominion Chapter of the Daughters of the American Revolution and Chairman of its Constitution Week Committee.

Mr. Glover presented a proclamation recognizing September 2005 as Preparedness Month. Accepting the proclamation was Anna McRay, Volunteer Coordinator for the Henrico County Community Emergency Response Team (CERT). Joining her were Chief Ronald L. Mastin, Henrico Division of Fire, and Col. Henry W. Stanley, Jr., Henrico Chief of Police.

253-05

Approved

Resolution of Commendation for Phillip Deane. Mr. Donati presented the resolution to Mr. Deane, a graduate of Varina High School and resident of the Varina District who in June 2005 was named the first Varina High School male winner of the Richmond Times-Dispatch/Metropolitan Richmond Sports Backer Student Athlete of the Year award. Joining Mr. Dean were his parents, Phillip and Debra Deane.

254-05

Approved

Resolution of Commendation for Jasmine Major. Mr. Thornton presented the resolution to Ms. Major, a graduate of Hermitage High School and resident of the Fairfield District who in June 2005 was named the first Hermitage High School winner of the Richmond Times-Dispatch/Metropolitan Sports Backers Student Athlete of the Year award. Joining Ms. Major was her father, Joe W. Major.

CONSENT AGENDA

Approved

Resolutions of Commendation for 2005 Baseball and Softball Championship Teams, located in the Brookland Magisterial District.

255-05

2005 Bethlehem Girls 8U Fast-Pitch Diamonds

256-05

2005 Bethlehem Girls 8U Fast-Pitch All Stars

257-05

2005 Bethlehem Girls 10U Fast-Pitch Shamrocks

258-05

2005 Bethlehem Girls 16U Fast-Pitch Bobcats

259-05

2005 Glen Allen Cal Ripken Rookie National All Stars

260-05

2005 Glen Allen Cal Ripken Rookie American All Stars

261-05

2005 Glen Allen Cal Ripken 9 Year Old All Stars

262-05

2005 Glen Allen Cal Ripken 10 Year Old All Stars

263-05

2005 Glen Allen Cal Ripken 11 Year Old American All Stars

264-05

2005 Glen Allen Cal Ripken 12 Year Old American All Stars

265-05

2005 Glen Allen Babe Ruth 15 Year Old All Stars

266-05

2005 Glen Allen Babe Ruth 8U Girls Fast-Pitch All Stars

267-05

2005 Glen Allen Babe Ruth 10U Girls Fast-Pitch All Stars

268-05

2005 Glen Allen Babe Ruth 12U Girls Fast-Pitch All Stars

269-05

2005 Glen Allen Babe Ruth 14U Girls Fast-Pitch All Stars

270-05

2005 Glen Allen Babe Ruth 16U Girls Fast-Pitch All Stars

271-05

2005 Lakeside Babe Ruth 14 Year Old All Stars

RESIGNATION

272-05

Approved

Resolution accepting the resignations of S. D. Jack Pustilnik and Cathy J. Reiner from the Keep Henrico Beautiful Committee.

PUBLIC HEARINGS – REZONING CASES AND PROVISIONAL USE PERMIT

239-05

C-23C-05

Approved with Proffered Conditions

Request of Gloria Freye for Avalon Investments, LLC to conditionally rezone from O/SC Office/Service (Conditional) to O/S-2C Office/Service 2 (Conditional), Parcel 781-754-0930, containing 18.787 acres, located on the west line of Villa Park Drive approximately 2,117 feet south of Darracott Road.

273-05

C-20C-05

Approved with Proffered Conditions

Request of Youngblood Properties, L.L.C. to conditionally rezone from A-1 Agricultural District to R-2AC One-Family Residence District (Conditional), Parcel 741-747-0388 and part of Parcel 741-748-0208, containing 6.23 acres, located on the west line of Pump Road approximately 25 feet north of Falconbridge Drive.

274-05

C-21C-05

Approved with Proffered Conditions

Request of Youngblood Properties LLC to conditionally rezone from A-1 Agricultural District to R-3C One-Family Residence District (Conditional), Parcels 738-754-4849 and 738-753-1882, containing 7.72 acres, located on the south line of Church Road approximately 100 feet west of Blandfield Street.

275-05

C-38C-05

Approved with Proffered Conditions

Request of Henry L. Wilton for Wilton Development Corp. to conditionally rezone from R-4 One-Family Residence District to RTHC Residential Townhouse District (Conditional), Parcel 771-748-3499, containing approximately 7.0 acres, located on the north line of Glenside Drive approximately 230 feet east of Fernwood Street.

38-05

C-59C-04

Deferred to March 14, 2006 Meeting

Request of AB Commercial, LLC to conditionally rezone from O-1 Office District to B-1C Business District (Conditional), Parcel 784-752-5293, containing 0.64 acre, located at the northwest intersection of Brook (U. S. Route 1) and Ridge Roads.

276-05

C-39C-05

Approved with Proffered Conditions

Request of Ackley Park, LLC to conditionally rezone from O-3C Office District (Conditional) to M-1C Light Industrial District (Conditional), Parcel 785-768-9646, containing approximately 3.35 acres, located on the west line of JEB Stuart Parkway, approximately 1,125’ north of its intersection with Virginia Center Parkway.

277-05

C-7C-05

Approved with Proffered Conditions

Request of Fidelity Properties, Ltd. to conditionally rezone from A-1 Agricultural District to R-3C One-Family Residence District (Conditional), Parcels 745-764-1645, 745-764-2159, 745-764-1031, 745-764-6608, 745-764-7122, 745-764-7834, and 745-764-6084, containing 15.142 acres, located on Dublin Road between Belfast and Glasgow Road (McDonald’s Small Farms).

278-05

C-41C-05

Approved with Proffered Conditions

Request of Marc A. Greenberg, Blackwood Development Co., Inc. to conditionally rezone from B-1C and B-2C Business Districts (Conditional) to B-2C Business District (Conditional), Parcel 738-762-3715, containing 4.555 acres, located on the south line of W. Broad Street (U.S. Route 250) and along the terminus of Spring Oak Drive.

279-05

P-7-05

Approved with Conditions

Request of Vincent J. Lamantia for a provisional use permit under Sections 24-58.2(d) and 24-122.1 of Chapter 24 of the County Code in order to construct an outside dining area for the San Francisco Oven Restaurant (The Promenade Shops shopping center) on part of Parcel 738-762-3715, located on the south line of W. Broad Street (U. S. Route 250) approximately 170 feet west of Spring Oak Drive.

280-05

C-40-05

Approved

Request of Shadow, LLC to rezone from A-1, Agricultural and R-2AC One-Family Residence District (Conditional) to C-1 Conservation District, part of Parcel 741-774-7210, containing approximately 0.1 acre, located approximately 255 feet southeast of the southwest terminus of Barnsley Place. The applicant proposes a conservation area.

235-05

C-15C-05

Approved with Proffered Conditions

Request of Koontz & Bryant for Kathleen S. Shobe to rezone from R-3 One-Family Residence District to O-1C Office District (Conditional), Parcel 754-743-5843, containing 1.02 acres, located on the south line of Jesse Senior Drive approximately 306 feet east of Eastridge Road.

281-05

C-45C-05

Approved Amendments to Proffered Conditions

Request of Aspen Gayton Terrace, LLC to amend proffered conditions accepted with Rezoning Case C-95C-96, on Parcel 732-750-7894, containing 9.874 acres, located on the east line of Gayton Road at Gayton Centre Drive.

282-05

C-46C-05

Approved Amendment to Proffered Conditions

Request of Alfred M. Loyall to amend proffered conditions accepted with Rezoning Case C-1C-97, on Parcels 827-715-8082 and 827-715-7583, containing 0.27 acre, located at the southwest intersection of E. Williamsburg Road (U.S. Route 60) and Rodes Avenue.

PUBLIC HEARINGS – OTHER ITEMS

283-05 Deferred to November 8, 2005 Meeting	Ordinance to Add to the Code of the County of Henrico Section 13-67 Titled “Shooting Arrows From Bows Generally” to Prohibit Shooting Arrows from Bows in Certain Places in the County and Section 13-68 Titled “Commercial District Defined” to Define Commercial District in Article III of Chapter 13.
284-05 Approved	Ordinance to Amend and Reordain Section 16-12 of the Code of the County of Henrico Titled “ Sale of surplus property” to Change the Procedure for Firm Price Sales.
285-05 Approved	Ordinance to Amend and Reordain Subsection (b)(1) of Section 21-124 of the Code of the County of Henrico Titled “Rates” to Increase the Taxicab Rate for Each One-fifth Mile After the First One-fifth Mile from $0.30 to $0.40.
286-05 Approved	Ordinance for Vacation of Portions of Streets, Alleys, Easements, Temporary Turnarounds, Lot Lines, and Building Lines in Bryan Park Gardens, located in the Brookland District.
287-05 Approved	Ordinance for Vacation of Building Line, Lot 18, Block C, in Oakmont, located in the Brookland District.
288-05 Approved	Ordinance for Vacation of Portion of Right-of-Way for Brookland Gardens Addition - Brookland District.
289-05 Approved	Resolution for Condemnation of Easements for Beaverdam Creek Force Main by Various Owners, located in the Fairfield District.
290-05 Approved	Ordinance for Vacation of Portion of Easement For Drainage and Utilities, Lot 27, Block C, Section 10 in Kingsley and a Resubdivision of Lots 13 and 15, Block C, Section 7, located in the Tuckahoe District.

GENERAL AGENDA

291-05 Approved	Introduction of Ordinance to Amend and Reordain Section 20-572 of the Code of the County of Henrico Titled “Certificate from judge of circuit court required” to Retitle the Section “License from Virginia Department of Criminal Justice Services required” and to Make Changes Relating to Business Licensing Requirements for Bail Bondsmen.
292-05 Approved	Introduction of Resolution for Receipt of Requests for Amendment to the FY 2005-06 Annual Fiscal Plan to (1) Reappropriate Funds for (a) Continuing Grant Programs and (b) Certain Unencumbered Balances from FY 2004-05, and (2) Appropriate Funds for Certain New Programs.
293-05 Approved	Resolution Readopting the Henrico County Emergency Operations Plan as Amended.
294-05 Approved	Resolution for Award of Construction Contract for Fire Station #21.
295-05 Approved	Resolution for Approval of Amendment to Contract for Architectural and Engineering Services for Henrico Theatre.
296-05 Approved	Resolution for Award of Construction Contract for HVAC Improvements, Administration Building.
297-05 Approved	Resolution to Accept the U.S. Department of Justice Edward Bryne Justice Assistance Grant (JAG) Program Award to the County of Henrico, Division of Police, for Needed Police-Related Equipment.
298-05 Approved	Resolution to Accept the U.S. Department of Homeland Security Buffer Zone Protection Plan Program Award to the County of Henrico, Division of Police, for Critical Infrastructure Protection-Related Equipment.
299-05 Approved	Resolution to Accept the Virginia Department of State Police H.E.A.T. Training Scholarship Award to the County of Henrico, Division of Police, for Two Auto Theft Investigators to Attend Training.
300-05 Approved	Resolution for Signatory Authority for Acquisition of Rights-of-Way and Easements for Hungary Spring Road Improvement Project by Staples Mill Development Company, located in the Brookland District.
301-05 Approved	Resolution for Signatory Authority for Conveyance of Easement for Verizon Virginia, Inc. in Deep Run Park, located in the Three Chopt District.
302-05 Approved	Resolution for Signatory Authority for License Agreement for Drainage Outfall Improvements in Deep Run Park, located in the Three Chopt District.
303-05 Approved	Resolution for Signatory Authority for Acquisition of Property for Access to Four Mile Creek Trunk Sewer, located in the Varina District.
304-05 Approved	Resolution to Permit Additional Fine of $200 for Speeding on a Portion of Donora Drive and a Portion of Old School Road.