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2011-01-26 MinutesBOARD OF SUPERVISORS MINUTES January 26, 2011 Supervisors in Attendance: Mr. Arthur S. Warren, Chairman Ms. Dorothy A. Jaeckle, Vice Chrm. Mr. James. M. Holland Ms. Marleen K. Durfee Mr. Daniel A. Gecker Mr. James J. L. Stegmaier County Administrator Staff in Attendance: Mr. Mike Bacile, Dir., Purchasing Ms. Janice Blakley, Clerk to the Board Ms. Patsy Brown, Dir., Accounting Mr. Clay Bowles, Chief of Administrative Services Ms. Debbie Burcham, Exec. Dir., Community Services Board Mr. Allan Carmody, Dir., Budget and Management Mr. Barry Condrey, Chief Information Officer Mr. Roy Covington, Dir., Utilities Ms. Mary Ann Curtin, Dir., Intergovtl. Relations Mr. Jonathan Davis, Dir., Real Estate Assessments Mr. William Dupler, Interim Dep. Co. Administrator, Community Development Colonel Thierry Dupuis, Police Department Mr. Robert Eanes, Asst. to the County Administrator Mr. Michael Golden, Dir., Parks and Recreation Mr. John W. Harmon, Real Property Manager Mr. Garrett Hart, Development Manager Mr. Donald Kappel, Dir., Public Affairs Mr. Rob Key, Director, General Services Mr. Louis Lassiter, Asst. County Administrator Mr. Mike Mabe, Director, Libraries Mr. R. John McCracken, Dir., Transportation Mr. Richard M. McElfish, Dir., Env. Engineering Mr. Jeffrey L. Mincks, County Attorney Mr. David Myers, Asst. Supt. of Schools for Business and Finance Chief Edward L. Senter, Fire Department Ms. Marsha Sharp, Dir., 11-40 Social Services Ms. Sarah Snead, Dep. County Administrator, Human Services Mr. Kirk Turner, Dir., Planning Mr. Mike Westfall, Acting Directgr, Internal Audit Mr. Scott Zaremba, Dir., Human Resource Programs Mr. Warren called the regularly scheduled meeting to order at 3:00 p.m. 1.A. APPROVAL OF MINUTES The January 12, 2011 minutes were not complete due to county holidays. 2. COUNTY ADMINISTRATOR'S COMMENTS 2.A. COUNTY ADMINISTRATOR'S REPORT LEGISLATIVE UPDATE Ms. Curtin presented an update to the Board.of Supervisors on the status of several bills before the General Assembly and from the county's legislative program. She stated the House of Delegates and Senate budget will be released separately on February 6, 2011. She further stated the legislative session, will reach crossover on February 7,2011. 'I In response to Ms. Jaeckle's question, Ms. Curtin stated she is aware of the bill that is a concern among the Social Services Board. In response to Mr. Warren's question, Ms. Curtin stated there have been over 2,300 bills introduced in the short session. Ms. Durfee expressed appreciation for Ms. Curtin's legislative briefing and stated it is very important to keep the Board abreast of any changes regarding the BPOL tax bill, Composite Index, or any bill that would directly affect revenue at the local level. ZIP CODE UPDATE Matt Harris provided details of an amended proposal regarding potential zip code modifications. He stated the proposal is aligned with community sentiment; provides every resident and business the option to use a Chesterfield-specific name, but does not require it; and preserves the ability to use existing mailing address names. He provided data relative to current zip codes with names more closely associated with communities outside of the county. He stated after two rounds of community meetings, the public expressed an overwhelming desire to use Chesterfield in their mailing address name. He provided details of the official county request to the postal service and the postal service's counter proposal. He stated the counter proposal provides for every county resident and J J J 11-41 business having the ability to use a Chesterfield-specific mailing address name; does not require anyone to adopt the new names, change letterhead, etc.; and allows for continued use of Richmond, Petersburg or Colonial Heights. He noted that there would be no numerical zip code changes and no service disruption, change in post office assignment, etc. Mr. Holland commended Mr. Harris and the committee for an outstanding job. In response to Mr. Holland's questions, Mr. Harris stated constituents would use the Chesterfield-specific mailing address name "North Chesterfield" for the northern half of the county. He further stated the initial revenue range of $1.5-2 million should remain gradual. In response to Mr. Gecker's question, Mr. Harris stated those citizens who live in Bon Air will preserve the ability to use existing mailing address names, but can add another option. Ms. Jaeckle commended Mr. Harris for making progress with the post office. Ms. Durfee expressed appreciation to Mr. Harris and staff for including citizens in the process. She stated with the increased potential for new businesses in Chesterfield, we can only then hope that increase in tax revenue will occur. In response to Mr. Gecker's question, Mr. Harris stated the plan does not require a survey. He further stated the next round of community meetings will act as a survey. In response to Mr. Warren's question, Mr. Stegmaier stated local businesses may take some time to adopt the new names. He further stated the allocation of sales tax that is collected as a result of online sales and catalogue sales may happen quicker because those companies that use post office software to get the addresses correct for their customers will now identify the new name as the address. In response to Ms. Jaeckle's question, Mr. Harris stated global positioning systems are updated to reflect most post office databases. Mr. Warren encouraged Board members to have zip code community meetings as soon as possible. Mr. Stegmaier acknowledged Mr. Lou Lassiter, Mr. Jay Payne, Mr. Matt Harris, and others from various departments around the county who have worked very hard on this project. He also expressed appreciation to the post office for their flexibility. COMPREHENSIVE PLAN Mr. Stegmaier announced that the first addition of the Comprehensive Plan Newsletter for public access is now posted online at Chesterfield.gov/cp. Mr. Warren stated the draft Comprehensive Plan will go through a very rigorous process before it is brought before the Board. 11-42 In response to Mr. Holland's question regarding the airport entrance improvement process, Mr. Stegmaier stated recently a contract was released for the signage improvements around the entrance. He further stated the area at Route 10 and Airport Drive will continue once the design is complete. Mr. Holland requested an update regarding the number of citizens who have signed up for the county's electronic newsletter, Currents. 3. BOARD MEMBER REPORTS Mr. Holland expressed appreciation to those citizens who expressed concerns regarding the election on January 12th. He stated he will continue to improve the county and the lives of all citizens. He then read a passage from Psalm 37. Ms. Durfee requested the County Administrator and the County Attorney to review the procedures regarding the official taking over of the chairman's seat. She stated politics should not be the guiding reason behind decision making, both individually and collectively. She further stated there will be a meeting regarding the Comprehensive Plan on January 27th at Matoaca High School and on January 31st at Cosby High School. She announced she will be holding a series of roundtable discussion meetings in February, April, June and September. She encouraged citizens to attend the budget community meeting in March. Ms. Jaeckle expressed appreciation to those citizens who attended her Comprehensive Plan meeting. She announced she hosted a constituents' meeting with the Committee on the Future. Mr. Gecker noted the Midlothian Comprehensive Plan meeting was very well attended. He expressed appreciation for the citizen input and to Planning and the consultants for making changes to the presentation. Mr. Warren announced the Clover Hill District had its draft Comprehensive Plan meeting on January 24th. He stated everyone who signed in for the meeting will get details on any questions that were asked. He further stated on February 10th a constituents' meeting will be held at Manchester Middle School relative to the CIP as it relates to the Extension and the Zip Code Modification. Mr. Warren made the following appointments to the Richmond Regional Planning District Commission Committees: RRPDC and MPO Executive Committees Mr. Daniel Gecker RRPDC Audit Committee Mr. James Holland RRPDC Charter & Bylaws Committee J J J 11-43 Ms. Marleen Durfee RRPDC Large Jurisdiction Committee Mr. James Holland and Ms. Marleen Durfee Mr. Jay Stegmaier (alternate) Mr. Warren mentioned that there may be a change in his Chairman's appointments to the Budget and Audit Committee that the Board may consider during the evening agenda. 4. REQUESTS TO POSTPONE AGENDA ITEMS AND ADDITIONS, DELETIONS OR CHANGES IN THE ORDER OF PRESENTATION On motion of Mr. Holland, seconded by Ms. Durfee, the Board added Item 8.C.2.d., Resolution Supporting the Virginia Department of Transportation's Modified Option for Replacing the Genito Road Three-Ton Weight Restricted Bridge West of Woolridge Road. Ayes: Warren, Jaeckle, Holland, Durfee, and Gecker. Nays: None. 5. RESOLUTIONS 5.A. RECOGNIZING MR. JAMES E. NINIO, DEPARTMENT OF GENERAL SERVICES, FLEET MANAGEMENT DIVISION, UPON HIS RETIREMENT Mr. Key introduced Mr. Ninio, who was present to receive the resolution. On motion of Mr. Holland, seconded by Ms. Jaeckle, the Board adopted the following resolution: WHEREAS, Mr. James E. Ninio retired January 1, 2011, after providing twenty-nine years of dedicated and faithful service to Chesterfield County; and WHEREAS, Mr. Ninio began his service July 7, 1981, as an Automotive Technician, in the Fleet Management Consolidated Maintenance Shop; and WHEREAS, Mr. Ninio was instrumental in the implementation of modern cutting edge technological advancements in tools and equipment; and WHEREAS, Mr. Ninio was instrumental in the development of a successful vehicle maintenance support and services program, which reflects a daily average readiness rate of nearly 95 percent; and WHEREAS, Mr. Ninio tutored and mentored his co-workers to become the best in their field; and WHEREAS, Mr. Ninio continuously extended courteous, polite and excellent service to his customers, and his dedication to quality resulted in above average productivity and a low rate of return repairs; and 11-44 WHEREAS, Mr. Ninio consistently performed his duties and responsibilities in a professional manner and placed the welfare and safety of citizens and fellow county employees above his own personal comfort and feelings and will be missed by his fellow co-workers and customers. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 26th day of January 2011, publicly recognizes. Mr. James E. Ninio and extends appreciation for his twenty-nine years of dedicated service to the county, congratulates him upon his retirement, and offers best wishes for a long and happy retirement. AND, BE IT FURTHER RESOLVED that a copy of this resolution be presented to Mr. Ninio, and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Ayes: Warren, Jaeckle, Holland, Durfee, and Gecker. Nays: None. Mr. Holland presented the executed resolution to Mr. Ninio, who was accompanied by his wife, expressed appreciation for his dedicated service and congratulated him on his retirement. Mr. Stegmaier presented an acrylic statue and a county watch to Mr. Ninio and thanked him for his outstanding service to the county. Mr. Ninio expressed appreciation to the Board and to his fellow co-workers. 5.B. RECOGNIZING MAJOR P. MICHAEL SPRAKER, POLICE DEPARTMENT, UPON HIS RETIREMENT Colonel Dupuis introduced Major Spraker, who was present to receive the resolution. On motion of Mr. Holland, seconded by Ms. Durfee, the Board adopted the following resolution: WHEREAS, Major P. Michael Spraker retired from the Chesterfield County Police Department on January 1, 2011, after providing more than 34 years of quality service to the citizens of Chesterfield County; and WHEREAS, Major Spraker has faithfully served the county in the capacities of patrol officer, investigator, sergeant, lieutenant, captain and major; and WHEREAS, during his tenure with the Police Department, Major Spraker served diligently in the Uniform Operations Bureau Personnel and Training Unit, Investigations Bureau, Support Services Division and Police Administration; and WHEREAS, Major Spraker has served in numerous assignments throughout his career with Chesterfield to include Field Evidence Technician, Field Training Officer, Explorer Post Advisor, General Instructor, Firearms Instructor and Tactical Team Leader; and J J 11-45 WHEREAS, Major Spraker had the distinction of being selected as the Chesterfield County Police Department Officer of the Year for 1981; and WHEREAS, Major Spraker served as Sergeant in charge of the Charity Powers Task Force and was instrumental in assisting the Commonwealth's Attorney's office in obtaining the information needed in order to effectively prosecute Everette Mueller; and WHEREAS, Major Spraker received the Meritorious Service Award in 2005, for his leadership as Chairperson of the Police Department Memorial Committee and for his diligent work in coordinating the design, funding and construction of a permanent memorial to honor Chesterfield County police officers killed in the line of duty, and this goal was achieved May 17, 2005 with the dedication of a granite monument on the grounds of the Historic 1917 Courthouse; and WHEREAS, Major Spraker was presented with a Certificate of Achievement in 1995 for his outstanding efforts in the development of an Incident Command System Training Program, which included the design of a Lesson Plan and Operational Guide for Supervision; and WHEREAS, Major Spraker made significar twelve different committees during his including the Police Awards and Decorations Region Communication .Steering Committee, Council Incident Command Committee and Steering committee, and he also served as the Community in Schools organization; and it contributions to exemplary career, Committee, Capital Chesterfield EMS the County Fleet a Board member of WHEREAS, Major Spraker has received numerous Chief's Commendation Awards; and WHEREAS, Major Spraker was recognized for his division's success in significantly expanding the number of Police Department volunteers as well as the number of volunteer hours worked, for the development of an annual Volunteer Awards and Recognition Ceremony and was recognized by the International Association of Chiefs of Police for having one of the top three volunteer programs in the nation; and WHEREAS, Major Spraker is recognized for his superb professional attitude, excellent communications and human relations skills and his attention to detail, which he has utilized within the Police Department and in assisting citizens of Chesterfield County; and WHEREAS, Major Spraker has received numerous letters of commendation, thanks and appreciation during his career from the citizens of Chesterfield County for service rendered; and WHEREAS, Major Spraker has provided the Chesterfield County Police Department with many years of loyal and dedicated service and consistently served as an outstanding role model during his career; and WHEREAS, Chesterfield County and the Board of Supervisors will miss Major Spraker's diligent service. 11-46 NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 26th day of January 2011, publicly recognizes Major P. Michael Spraker, and extends on behalf of its members and the citizens of Chesterfield County, appreciation for his service to the county, congratulations upon his retirement and best wishes for a long and happy retirement. AND, BE IT FURTHER RESOLVED that a copy. of this resolution be presented to Major Spraker, and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Ayes: Warren, Jaeckle, Holland, Durfee, and Gecker. Nays: None. Ms. Jaeckle presented the executed resolution to Major Spraker, expressed appreciation for his dedicated service and congratulated him on his retirement. Major Spraker expressed. appreciation to the outstanding men and women of the Chesterfield County Police Department. He stated it has been an honor working for the county. Mr. Stegmaier expressed appreciation to Major Spraker for his exemplary service and presented him with an acrylic statue and watch. 6. WORK SESSIONS 6.A. PROPOSED FY2012-2016 CAPITAL IMPROVEMENT PROGRAM Mr. Carmody presented an overview of the proposed FY2012-2016 Capital Improvement Program. He began by reviewing the process for prioritizing CIP projects. He stated economic conditions have altered the process of the CIP projects. He provided a summary of the overall funding of the proposed FY2012-2016 CIP, including $161.7 million for general county .projects; $143.6 million for school projects; and $157.4 million for utility projects. He then provided a breakdown of general county projects, noting that emphasis is being placed on existing facilities during FY2012 and new/replacement facilities in later years. He provided details of the proposed FY2012 projects for public safety, parks and recreation, and general county. He provided an update on the 2004 Bond Referendum projects. He noted that economic and current conditions have impacted both the Harrowgate Fire Station and the Reams Gordon Library. He stated forecasted revenue streams impact ability to fund new facility operating costs. He provided details of road improvements that will enhance service levels. He then provided a breakdown of .projects in the FY2012 school projects, which focus on existing facilities to better preserve usefulness. He then provided a breakdown of proposed CIP funding for utilities. He stated the emphasis of proposed FY2010 water and wastewater projects is placed on future needs. He stated the Board will hold community meetings in March on the proposed CIP and budget, a public meeting hearing on March 23rd and is scheduled to adopt the budget on April 13th J J J 11-47 In response to Ms. Jaeckle's question regarding the large expense of replacement radios, Mr. Carmody stated this plan shows approximately $20 million dollars in FY2015. In response to Mr. Holland's question, Mr. Carmody stated a backup generator for Byrd High School is in the plan. He further stated progress has been made regarding purchasing large replacement apparatuses. He stated book acquisitions are in the FY2012 operating budget. Mr. Warren stated there will be several community budget meetings and public hearings in the near future. 7. DEFERRED ITEMS 7.A. ADOPTION OF AN ORDINANCE ESTABLISHING A SPECIAL ASSESSMENT FOR PROPERTY IN THE CHIPPENHAM PLACE COMMUNITY DEVELOPMENT AUTHORITY DISTRICT AND APPROVAL OF A MEMORANDUM OF UNDERSTANDING WITH THE CHIPPENHAM PLACE COMMUNITY DEVELOPMENT AUTHORITY AND STONEBRIDGE REALTY HOLDINGS,LLC Mr. Dupler stated the Cloverleaf redevelopment project has progressed significantly over the past two weeks and supporting documents are now complete. He further stated there is approximately $24 million in new investments including a flagship Kroger store. He stated this project is a key revitalization milestone, encourages further renovation in the region and fills a service need at a major regional corridor. He announced demolition and site work will begin in May 2011. Mr. James Downs with Crosland acknowledged Mr. Gecker, Ms. Tara McGee and Mr. Tom Jacobson for their hard work and dedication. He also expressed appreciation for the Board's support through this process. Mr. Gecker stated Crosland has remained faithful to this project for five years through thick and thin. He further stated he looks forward to demolition day. Mr. Warren recognized Mr. Steve Meadows, President of Gateway Association, for his involvement and patience throughout the process. On motion of Mr. Gecker, seconded by Ms. Jaeckle, the Board adopted the following ordinance: ORDINANCE ESTABLISHING A SPECIAL ASSESSMENT FOR THE CHIPPENHAM PLACE COMMUNITY DEVELOPMENT AUTHORITY AND AUTHORIZING A MEMORANDUM OF UNDERSTANDING WITH THE COMMUNITY DEVELOPMENT AUTHORITY AND STONEBRIDGE REALTY HOLDINGS, LLC WHEREAS, the Board of Supervisors (the "Board") of the County of Chesterfield, Virginia (the "County") created the Chippenham Place Community Development Authority (the "CDA") by Ordinance enacted June 25, 2008 (the "Ordinance"); and WHEREAS, the CDA has requested that the Board establish a special assessment on property within the CDA District; and, 11-48 WHEREAS, the Board proposes to set forth certain agreements with the CDA and Stonebridge Realty Holdings, LLC, a Delaware limited liability company, as contract purchaser and developer of the land within the CDA (the "Developer") pursuant to a Memorandum of Understanding among the County, the Developer, and the CDA (the "Memorandum of Understanding"); and WHEREAS, the CDA proposes "Bonds") to finance certain benefiting the CDA District; and to issue .its bonds (the infrastructure improvements WHEREAS, the establishment of a special .assessment on property within the CDA District and the actions contemplated by the Memorandum of Understanding will benefit the citizens of the County by promoting increased employment opportunities, a strengthened economic base and increased tax revenues and additional business opportunities. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF CHESTERFIELD, VIRGINIA: 1. Approval of Memorandum of Understanding. The Memorandum of Understanding is approved in substantially the form presented to the Board at this meeting, with such changes and corrections (including, without limitation, changes in the date thereof) that do not materially adversely affect the County's interests as may be approved. by the County Administrator or the Chairman of the Board of Supervisors, whose approval shall be evidenced conclusively by the execution and delivery of the Memorandum of Understanding. The County Administrator and the Chairman of the Board of Supervisors, or either of them, is authorized and directed to execute and deliver the Memorandum of Understanding. 2. Special Assessment. By agreement between the Developer and the Board pursuant to the Memorandum of Understanding, special assessments to pay the costs of public improvements to benefit property within the CDA District are hereby established and apportioned in accordance with the Rate and Method of Apportionment of Special Assessments ("RMA") in substantially the form presented to the Board at this meeting. The CDA Board is authorized to approve or to provide for the approval of a Special Assessment Roll allocating the special assessment among the tax parcels within the CDA District in accordance with the RMA as such tax parcels exist as of the date of recordation of the RMA in the land records of the County. The CDA shall cause notice of the special assessments to be reported to the County's Treasurer or other County official responsible for the collection of taxes. The special assessments shall be liens on the taxable real property in the CDA District in accordance with the provisions of Virginia Code Sections 15.2-2404 et seq. 3. Subsequent Resolution. The Board may, by subsequent resolution, make such additional changes or amendments to the Memorandum of Understanding as it determines to be necessary or appropriate. 4. Severability. If any part, section, clause or phrase of this Ordinance, or any individual assessment levied hereby, is declared to be unconstitutional or invalid for any reason, such decision shall not affect the validity of any other portion hereof. or assessment hereunder. J J J 11-49 5. Effective Date. This Ordinance shall be effective immediately. Ayes: Warren, Jaeckle, Holland, Durfee, and Gecker. Nays: None. 8. NEW BUSINESS 8.A. APPOINTMENTS On motion of Ms. Jaeckle, seconded by Mr. Warren, the Board suspended its rules to allow simultaneous nomination/appointment/reappointment to the Agricultural and Forestry Committee and the Personnel Appeals Board. Ayes: Warren, Jaeckle, Holland, Durfee, and Gecker. Nays: None. 8.A.1. AGRICULTURAL AND FORESTRY COMMITTEE On .motion of Mr. Holland, seconded by Ms. Durfee, the Board simultaneously nominated/reappointed the following members to serve on the Agricultural and Forestry Committee, who terms are effective immediately and expire December 31, 2012: Mr. Mark Landa, Mr. Howard Nester, Ms. Claire Durham, Mr. Stephen P. Lindberg, Mr. Wayne Campbell and Mr. George Beadles. Ayes: Warren, Jaeckle, Holland, Durfee, and Gecker Nays: None. 8.A.2. PERSONNEL APPEALS BOARD On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board simultaneously nominated/appointed Mr. Steven C. Bowman as a member of the Personnel Appeals Board, whose term is effective immediately and expires December 31, 2013. Ayes: Warren, Jaeckle, Holland, Durfee, and Gecker. Nays: None. 8.B. STREETLIGHT COST APPROVAL On motion of Mr. Warren, seconded by Mr. Holland, the Board approved the following streetlight request: Clover Hill District: • In the Watkins Glen Subdivision At the intersection of Sandy Ridge Parkway and Watkins Glen Road Cost to install streetlight: $1,813.21 Ayes: Warren, Jaeckle, Holland, Durfee, and Gecker. Nays: None. 8.C. CONSENT ITEMS 8.C.1. AWARD OF ANNUAL REQUIREMENTS CONTRACT FOR PHARMACY SERVICES FOR THE SHERIFF'S OFFICE, JWENILE DETENTION 11-50 HOME, COMMUNITY SERVICES BOARD AND RISK MANAGEMENT'S WORKERS COMPENSATION On motion of Ms. Jaeckle, seconded by Ms. Durfee, the Board awarded an annual requirements contract for pharmacy services for the Sheriff's Office, Juvenile Detention Home, Community Services Board and Risk Management's Workers Compensation to MAO Pharmacy, Inc. Ayes: Warren, Jaeckle, Holland, Durfee, and Gecker. Nays: None. 8.C.2. ADOPTION OF RESOLUTIONS 8.C.2.a. RECOGNIZING SERGEANT THOMAS C. KOHORST, POLICE DEPARTMENT, UPON HIS RETIREMENT On motion of Ms. Jaeckle, seconded by Ms. Durfee, the Board adopted the following resolution: WHEREAS, Sergeant Thomas C. Kohorst will retire from the Chesterfield County Police Department on February 1, 2011 after providing over 22 years of quality service to the citizens of Chesterfield County; and WHEREAS, Sergeant Kohorst has faithfully served the county in the capacity of Patrol Officer, Senior Police Officer, and Sergeant; and WHEREAS, during his tenure with the department, Sergeant Kohorst served as Field Training Officer, Breathalyzer Operator, Street Drug Enforcement Unit member, Police Aviation Officer (Pilot), where he was assigned to the Metro Aviation Unit, and served with the Police Department's Honor Guard; and WHEREAS, Sergeant Kohorst has obtained the rank of Lt. Colonel in the Virginia Army National Guard and displays outstanding leadership qualities indicative of his military training and achievement, which is an asset to the citizens of the county; and WHEREAS, Sergeant Kohorst initiated an aviation ride- along program, which helped to meet working objectives of his shift and helped to build morale with the officers; and WHEREAS, Sergeant Kohorst has served as the Incident Commander of several significant police operations in both the Uniform Operations Bureau and Criminal Investigations Division; and WHEREAS, Sergeant Kohorst is recognized for his organizational skills and abilities, which he has utilized in special assignments within his tenure with the Police Department; and WHEREAS, Sergeant Kohorst has received numerous letters of commendation, thanks and appreciation from the citizens of Chesterfield County for service rendered; and WHEREAS, Sergeant Kohorst has provided the Chesterfield County Police Department with -many years of loyal and dedicated service; and J J 11-51 WHEREAS, Chesterfield County and the Board of Supervisors will miss Sergeant Kohorst's diligent service. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes Sergeant Thomas C. Kohorst, 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: Warren, Jaeckle, Holland, Durfee, and Gecker. Nays: None. 8.C.2.b. RECOGNIZING MS. FLORENCE B. BURNLEY, UTILITIES DEPARTMENT, UPON HER RETIREMENT On motion of Ms. Jaeckle, seconded by Ms. Durfee, the Board adopted the following resolution: WHEREAS, Ms. Florence B. Burnley will retire from Chesterfield County's Department of Utilities on February 1, 2011; and WHEREAS, Ms. Burnley began her public service as a Home Health Aide with the Chesterfield Health Department from 1966 to 1969, and then continued her public service on July 13, 1981, as an Account Clerk for Chesterfield County's Department of Utilities; and WHEREAS, in recognition of her dedication, skills and exceptional job performance throughout the course of her career, Ms. Burnley has received several promotions and numerous certificates of recognition for teamwork, customer service and years of dedicated service; and WHEREAS, Ms. Burnley has been an asset to the Utilities Department because of her unique aptitude and ability related to customer service and her dedication to her job as exemplified by her volunteering for additional duties and arriving to the office early to assist in completing work; and WHEREAS, Ms. Burnley's position was reclassified to Senior Customer Service Representative in 2004 to reflect its demanding responsibilities; and WHEREAS, Ms. Burnley was responsible for the accurate calculation of fees for utility system connections from residential, industrial and commercial customers; and WHEREAS, Ms. Burnley has exhibited dedication, knowledge, pride and quality in the work she has performed at the Utilities Department; and WHEREAS, Ms. Burnley willingly served numerous internal customers and many external customers, including builders and developers, in the most courteous and professional manner; and WHEREAS, Ms. Burnley has significant knowledge and excellent leadership skills and has assisted in training, mentoring and developing employees in the New Construction Services Section to help them become successful; and 11-52 WHEREAS, Ms. Burnley was instrumental in implementing the Project Tracking System in the New Construction Services Section in 1991 to accept utility project information and connection fees; and WHEREAS, Ms. Burnley learned and became proficient on the EB Enterprise Work Place system to locate information on archived projects; and WHEREAS, Ms. Burnley learned and mastered the PUMA GIS (Arc View) software to ensure that New Construction personnel had the correct addresses for newly developed county parcels and subdivision plats for accurate input into the Project Tracking system. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes Ms. Florence B. Burnley and extends on behalf of its members and the citizens of Chesterfield County appreciation for her twenty-nine years of dedicated service to the county. Ayes: Warren, Jaeckle, Holland, Durfee, and Gecker. Nays: None. 8.C.2.c. RECOGNIZING MR. EMMETT D. JONES, UTILITIES DEPARTMENT, UPON HIS RETIREMENT On motion of Ms. Jaeckle, seconded by Ms. Durfee, the Board adopted the following resolution: WHEREAS, Mr. Emmett D. "Danny" Jones will retire from Chesterfield County's Department of Utilities on February 14, 2011; and WHEREAS, Mr. Jones began his public service with Chesterfield County on November 21, 1974, as a Meter Reader for the Department of Utilities; and WHEREAS, in recognition for his unique aptitude and ability related to reading water meters and executing service orders, volunteering for additional duties, and working many hours of overtime, Mr. Jones was promoted to Service Order Technician in 1979 in the Field Services Section of the Utilities Department and diligently served in that capacity for four years; and WHEREAS, Mr. Jones was promoted to Field Services Supervisor in 1983, and reclassified to Customer Operations Supervisor in 2004, because of his significant knowledge of Chesterfield County's streets, roads and subdivisions and his leadership skills in mentoring, training, and supervising Meter Readers and Field Service Representatives for many years; and WHEREAS, Mr. Jones has exhibited exceptional job skills, dedication, knowledge, pride and quality in the work he has performed at the Utilities Department; and WHEREAS, Mr. Jones willingly served numerous internal customers and over 100,000 external customers in the most J J J 11-53 courteous and professional manner during his employment with the Utilities Department; and WHEREAS, Mr. Jones used his excellent leadership skills to develop many new and successful employees in the Field Services Section; and WHEREAS, Mr. Jones was instrumental in implementing an automated Meter Reading System by Itron in the Field Services Section to enhance meter reading efficiency and accuracy, and under the Itron system, he mastered the operation of the Premier meter reading software system, the Enterprise 5000 meter reading software system and later the MVRS software system; and WHEREAS, Mr. Jones also learned and used the Automated Reading Management System, which enabled him to optimize meter reading routes and cycles for many years; and WHEREAS, Mr. Jones learned and mastered the PUMA GIS (Arc View) software and used that knowledge to assist co-workers in the Field Services Section, Billing/Customer Service Section, Construction Section, New Construction Section and various other sections of the Utilities Department to enable field personnel to locate water meters and water lines throughout the county. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes Mr. Emmett D. "Danny" Jones and extends on behalf of its members and the citizens of Chesterfield County appreciation for his thirty-six years of service to the county. Ayes: Warren, Jaeckle, Holland, Durfee, and Gecker. Nays: None. 8.C.2.d. RESOLUTION SUPPORTING THE VIRGINIA DEPARTMENT OF TRANSPORTATION'S MODIFIED OPTION FOR REPLACING THE GENITO ROAD THREE-TON WEIGHT RESTRICTED BRIDGE WEST OF WOOLRIDGE ROAD In response to Mr. Gecker's question, Mr. Hawthorne stated the minimum bridge width would be 38 feet with the modified option. On motion of Ms. Jaeckle, seconded by Ms. Durfee, the Board adopted the following resolution supporting VDOT's modified option for replacing the Genito Road three-ton weight restricted bridge west of Woolridge Road: WHEREAS, Genito Road carries over 8,000 vehicles per day; and WHEREAS, the Virginia Department of Transportation (VDOT) is responsible for the maintenance of Genito Road; and WHEREAS, VDOT has placed a three-ton weight restriction on the Genito Road bridge west of Woolridge Road because of structural deficiencies; and 11-54 WHEREAS, VDOT presented, at a Matoaca District community meeting on November 15,2010, two options for replacing the weight restricted bridge with a new bridge; and WHEREAS, VDOT has requested Chesterfield County's support for their preferred-option for replacing the bridge; and WHEREAS, subsequent to the community meeting, VDOT officials and county representatives discussed modifications to VDOT's preferred option; and WHEREAS, VDOT has modified their option so that, among other things, Genito Road will be closed for a shorter time, safety improvements will be made to Otterdale Road before traffic is detoured, and the construction of the project will be completed no later than 2012; and WHEREAS, Chesterfield County wishes to express its thanks to VDOT for their cooperation and willingness to modify the option for replacing the bridge. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors supports VDOT's modified option for replacing the restricted Genito Road bridge. And, further, the Board authorized staff to manage, at VDOT expense, the right of way acquisition and utility relocations, in the county's customary fashion. Ayes: Warren, Jaeckle, Holland, Durfee, and Gecker. Nays: None. 8.C.3. ACCEPTANCE OF PARCELS OF LAND SOUTH OF HULL STREET ROAD FROM SKINQUARTER LAND, LLC On motion_of Ms. Jaeckle, seconded by Ms. Durfee, the. Board accepted the conveyance of three parcels of land south of Hull Street Road, containing a total of 1.14 acres, from Skinquarter Land, LLC, and authorized the County Administrator to execute the deed. (It is noted copies of the plats are filed with the papers of this Board.) Ayes: Warren, Jaeckle, Holland, Durfee, and Gecker. Nays: None. 8.C.4. RENEWAL OF LEASE OF THE EPISCOPAL CHURCH OF OUR SAVIOUR TO PROVIDE SENIOR CITIZEN PROGRAMS On motion of Ms. Jaeckle, seconded by Ms. Durfee, the Board-', authorized the County Administrator to enter into a lease) agreement with The Episcopal Church of Our Saviour to provide senior citizens programs. Ayes: Warren, Jaeckle, Holland, Durfee, and Gecker. Nays: None. 8.C.5. ACCEPTANCE OF A GRANT AWARDED BY THE UNITED STATES DEPARTMENT OF THE INTERIOR NATIONAL PARKS SERVICE HISTORIC PRESERVATION FUND FOR THE SAVE AMERICA'S TREASURES GRANT PROGRAM J J J 11-55 On motion of Ms. Jaeckle, seconded by Ms. Durfee, the Board accepted and appropriated a grant award from the United States Department of the Interior National Parks Service Historic Preservation Fund for the Save America's Treasures Grant Program in the amount of $150,000 and authorized the County Administrator to execute all documents. Ayes: Warren, Jaeckle, Holland, Durfee, and Gecker. Nays: None. 8.C.6. TRANSFER OF MATOACA DISTRICT IMPROVEMENT FUNDS TO THE SCHOOL BOARD TO FUND THE FOSTER GRANDPARENTS PROGRAM AT ETTRICK ELEMENTARY SCHOOL On motion of Ms. Jaeckle, seconded by Ms. Durfee, the Board transferred $2,766 from the Matoaca District Improvement Fund to the School Board to fund the Foster Grandparents Program at Ettrick Elementary School. Ayes: Warren, Jaeckle, Holland, Durfee, and Gecker. Nays: None. Ms. Durfee acknowledged the accomplishments of Mr. John McCracken, county staff, Mr. Tom Hawthorne and VDOT for their dedication and hard work regarding the replacement of the Genito Road bridge. 9. REPORTS 9.A. REPORT ON STATUS OF GENERAL FUND BALANCE, RESERVE FOR FUTURE CAPITAL PROJECTS, DISTRICT IMPROVEMENT FUNDS AND LEASE PURCHASES On motion of Ms. Durfee, seconded by Mr. Holland, the Board accepted the following report: a Report on status of General Fund Balance, Reserve for Future Capital Projects, District Improvement Funds and Lease Purchases. Ayes: Warren, Jaeckle, Holland, Durfee, and Gecker. Nays: None. Mr. Holland expressed appreciation for Mr. Carmody's outstanding job on the trend analysis outline of the general fund percentage. 10. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED MATTERS Mr. L.J. McCoy, President of"the Chesterfield NAACP, urged the Board to find a way to rectify actions created by the January 12th elections. 11. CLOSED SESSION 1) PURSUANT TO SECTION 2.2-3711(A)(1), CODE OF VIRGINIA, 1950, AS AMENDED, RELATING TO THE PERFORMANCE OF A SPECIFIC COUNTY EMPLOYEE; AND 2) PURSUANT TO SECTION 2.2-3711(A)(1) CODE OF VIRGINIA, 1950, AS AMENDED, RELATING TO THE 11-56 APPOINTMENT OF A SPECIFIC COUNTY EMPLOYEE On motion of Mr. Holland, seconded by Ms. Durfee, the Board went into closed session 1) pursuant to Section 2.2- 3711(A)(1), Code of Virginia, 1950, as amended, relating to the performance of a specific employee; and 2) pursuant to Section 2.2-3711(A)(1), Code of Virginia, 1950, as amended, relating to the appointment of a specific employee. Ayes: Warren, Jaeckle, Holland, Durfee, and Gecker. Nays: None. Reconvening: On motion of Ms. Durfee, seconded by Mr. Holland, the Board adopted the following resolution: 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 provided 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 business matters were identified in the Motion by which the Closed Session was convened were heard, discussed, or considered by the Board. No members dissents from this certification. The Board being polled, the vote was as follows: Mr. Gecker: Aye. Mr. Holland: Aye. Ms. Durfee: Aye. Ms. Jaeckle: Aye. Mr. Warren: Aye: 12. DINNER On motion of Mr. Holland, seconded by Ms. Jaeckle, the Board recessed to Room 303 for dinner. Ayes: Warren, Jaeckle, Holland, Durfee, and Gecker. Nays: None. Reconvening: 13. INVOCATION Reverend Dr. Margaret Kutz, Chester United Methodist Church, gave the invocation. J J 11-57 14. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Eagle Scout Jake Flippen led the Pledge of Allegiance to the flag of the United States of America. 15. 15.A. RESOLUTIONS RECOGNIZING THE 2010 JAMES RIVER HIGH SCHOOL VARSITY BOYS VOLLEYBALL TEAM FOR ITS OUTSTANDING ACCOMPLISHMENTS AND EXCELLENT REPRESENTATION OF CHESTERFIELD COUNTY Mr. Golden introduced Coach Terry Ford and members of the James River High School Varsity Boys Volleyball Team, who were present to receive the resolution. On motion of Mr. Warren, seconded by Mr. Holland, the Board adopted the following resolution: WHEREAS, participation in high school sports has long been an integral part of Chesterfield County's educational, physical and emotional development for students; and WHEREAS, Mr. Terry Ford, coach of the James River High School Varsity Boys Volley Team completed his first year of coaching; and WHEREAS, under Mr. Ford's direction, the 2010 James River Rapids finished the season with a 21-5 record; and WHEREAS, the James River Rapids were the Dominion District Tournament Champions; and WHEREAS, the James River Rapids were the Central Region Champions; and WHEREAS, the James River Rapids were the State AAA Boys Volleyball Champions; and WHEREAS, the team members include Eric Sullivan, Kaeler Sullivan, Troy Keohane, Pete Sowers, Michael Harrier, Harry Tisdale, Darren Kilby, Mitchell Ford, English Snidow, Josh Carrington, Sam Albus, Colin Moore, Simon Wilson, Jonathan Wert and managers Katie Crisco and Aubrey Duignam; and NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 26t'' day of January 2011, publicly recognizes the 2010 James River High School Varsity Boys Volleyball Team for its outstanding representation of Chesterfield County, commends the team on its commitment to excellence and sportsmanship, and expresses best wishes for continued success. Ayes: Warren, Jaeckle, Holland, Durfee, and Gecker. Nays: None. Mr. Gecker presented the executed resolution to Coach Ford, congratulated the team on winning the state championship and wished them future success. 11-58 The team members present introduced themselves and told what position they played. Coach Ford stated it was his pleasure to coach the volleyball team. Mr. John Titus, Principal, expressed appreciation for Coach Ford's leadership and acknowledged Darren Kilby who was named Central Region Player of the Year. He congratulated the team on their accomplishments. Mr. Tim Llewellyn, Athletic Director, stated the team's success culminated in a state championship. 15.B. RECOGNIZING BOY SCOUTS UPON ACHIEVING THE RANK OF EAGLE SCOUT Mr. Kappel introduced Mr. Jake Flippen, Mr. Ly'David McQueen and Mr. Robert Elmore, who were present to receive their resolutions. On motion of Mr. Holland, seconded by Ms. Jaeckle, 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. Jake Dalton Flippen, Troop 2880, sponsored by Beulah United Methodist Church, Mr. Ly'David M. McQueen, Troop 411, sponsored by Swansboro Baptist Church, and Mr. Robert Alexander Elmore, Troop 1891, sponsored by Bon Air United Methodist Church, have accomplished those high standards of commitment and have reached the long-sought goal of Eagle Scout which is received by only four percent of those individuals entering the Scouting movement; and WHEREAS, growing through their experiences in Scouting, learning the lessons of responsible citizenship, and endeavoring to prepare themselves for a role as leaders in society, Jake, Ly'David and Robert have distinguished themselves as members of a new generation of prepared young citizens of whom we can all be very proud. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 26th day of January 2011, hereby extends its congratulations to Mr. Jake Dalton Flippen, Mr. Ly'David M. McQueen and Mr. Robert Alexander Elmore and acknowledges the good fortune of the county to have such outstanding young men as its citizens. J J J 11-59 Ayes: Warren, Jaeckle, Holland, Durfee, and Gecker. Nays: None. Mr. Warren, Ms. Jaeckle and Mr. Gecker presented the executed resolutions to Mr. Flippen, Mr. McQueen and Mr. Elmore, accompanied by members of their families, congratulated them on their achievement and wished them future success in scouting and academic ventures. Mr. Flippen, Mr. McQueen and Mr. Elmore each provided details of their Eagle Scout projects and thanked their family members and others for their support. 15.C. RECOGNIZING FEBRUARY 2011, AS "CHILDREN'S DENTAL HEALTH MONTH" IN CHESTERFIELD COUNTY Mr. Kappel introduced Dr. Samuel w. Galston, Dr. C. Sharone Ward, Dr. Frank Farrington, and JoAnne Wells, R.D.H., who were present to receive the resolution. On motion of Mr. Holland, seconded by Mr. Warren, the Board adopted the following resolution: WHEREAS, the ninth annual "Give Kids a Smile! Access to Dental Care Day" will be conducted in a number of Chesterfield County dental offices and schools on February 4, 2011; and WHEREAS, numerous children's dental health outreach activities and education will take place in Chesterfield County Schools throughout February 2011; and WHEREAS, through the joint efforts of the Southside Dental Society, the Virginia Dental Association, the Virginia Department of Health, Division of Dentistry, the Medical College of Virginia School of Dentistry, the Alliance of the Southside Dental Society, local dentists and dental healthcare providers who volunteer their time, and the school district of Chesterfield County, this program was established to foster the improvement of children's dental health; and WHEREAS, these dental volunteers have provided educational materials and programs and stress the importance of regular dental examinations, daily brushing and flossing, proper-nutrition, sealants and the use of mouth guards during athletic activities; and WHEREAS, several local dental offices will volunteer their services on "Give Kids a Smile! Access to Dental Care Day," to provide treatment and education to local underprivileged children. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 26th day of January 2011, publicly recognizes. February 4, 2011 as "-Give Kids a Smile! Access to Dental Care Day" and February 2011, as "National Children's Dental Health Month" in Chesterfield County, expresses gratitude, on behalf of all Chesterfield County residents, and commends those organizations responsible for their proactive approach to dental health and also commends Dr. Samuel W. Galstan, Dr. C. Sharone Ward, Dr. Frank Farrington, Dr. Melanie Wexel Spears and JoAnne Wells, R.D.H., for helping to protect our children's dental health. 11-60 Ayes: Warren, Jaeckle, Holland, Durfee, and Gecker. Nays: None. Ms. Jaeckle presented the executed resolutions to Dr. Galston, Dr. Ward, Dr. Farrington and Ms. Wells and expressed appreciation for their dedication to protecting children's dental health. Dr. Sam Galstan expressed appreciation for the Board's continued support. 16. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED MATTERS Dr. Wilson Shannon, First Baptist Church, requested that Mr. Warren step down from his position as chairman to give way to Mr. Holland and that Ms. Jaeckle rescind her nomination of Mr. Warren for chairman. Ms. Sherise Green expressed her disappointment regarding the election of Chairman and asked for Mr. Warren and Ms. Jaeckle to step down from their positions as Chairman and Vice Chairman. Ms. Esthella Andrade expressed her disappointment regarding the election of Chairman. Mr. Bob Herndon expressed concerns regarding the Chesterfield Animal Shelter's euthanasia statistics. Mr. Jeron Jones requested that Mr. Warren and Ms. Jaeckle step down from their positions as Chairman and Vice Chairman. Mr. Holland expressed appreciation to those citizens who shared their input. He stated his life has been devoted to serving the community to the best of his ability. 17. REQUESTS FOR MANUFACTURED HOME PERMITS AND REZONING PLACED ON THE CONSENT AGENDA TO BE HEARD IN THE FOLLOWING ORDER: - WITHDRAWALS/DEFERRALS - CASES WHERE THE APPLICANT ACCEPTS THE RECOMMENDATION AND THERE IS NO OPPOSITION - CASES WHERE THE APPLICANT DOES NOT ACCEPT THE RECOMMENDATION AND/OR THERE IS PUBLIC OPPOSITION WILL BE HEARD AT SECTION 19 11SN0151 In Clover Hill Magisterial District, Bonnie Belair/American Tower requests amendment of conditional use (Case 04SN0304) and amendment of zoning district map to delete the restriction on the number of carriers allowed on a communications tower in an Agricultural (A) District on 1 acre fronting 25 feet on the north line of South Providence Road, across from Poco Drive. Density will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for residential use of 2.51 to 4.0 dwelling units per acre. Tax ID 755-700-Part of 7767. J J J 11-61 Mr. Turner presented a summary of Case 11SN0151 and stated the Planning Commission recommended approval and acceptance of one proffered condition. He noted that the restriction on the number of carriers was negotiated with area property owners; however, if after consideration of public input, the Board wishes to approve this request, acceptance of the amended proffered condition would be appropriate. The applicant, Ms. Bonnie Belair, accepted the recommendation. Mr. Warren called for public comment. There being no one to address the request, the public hearing was closed. Mr. Warren made a motion, seconded by Mr. Holland, for the Board to approve Case 11SN0151 and accepted the following proffered condition: The color and lighting system for- the tower shall be as follows: a. The tower shall be gray or another neutral color, acceptable to the Planning Department. b. The tower shall not be lighted. c. The tower shall be a monopole structure with flush-mount antenna arrays. (P) (Staff Note: With approval of this case, this proffered condition replaces Proffered Condition 4 of Case 04SN0304. All other conditions of approval for Case 04SN0304 would remain in effect.) Ayes: Warren, Jaeckle, Holland, Durfee, and Gecker. Nays: None. 11SN0153 In Clover Hill Magisterial District, 360 Motel, Inc. requests rezoning and amendment of zoning district map from Community Business (C-3) to General Business (C-5) of 2.3 acres plus conditional use planned development to permit exceptions to Ordinance requirements on this tract and an adjacent 3.2 acre tract zoned General Business (C-5) lying 220 feet off the north line of Hull Street Road, 1040 feet west of Courthouse Road. Density will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for high density residential use of 4.01 to 7.0 units/acre and light commercial use. Tax IDs 748- 686-2929, 5139 and 7148. Mr. Turner presented a summary of Case 11SN0153 and stated the Planning Commission and staff recommended approval and acceptance of the proffered conditions. He noted there is an addendum which includes a textual statement that was inadvertently left out of the staff report. Mr. Dean Hawkins, representing the applicant, accepted the recommendation. He stated the proposal represents a small zoning line change. 11-62 Mr. Warren called for public comment. There being no one to address the request, the public hearing was closed. Mr. Warren made a motion, seconded by Mr. Holland, for the Board to approve Case 11SN0153 and accepted the following proffered conditions: 1. The plans and elevations submitted with the application, titled 360 Motel & Storage, dated 15 June 2010, and prepared by Dean E. Hawkins, ASLA, shall be considered the master plan relative to site layout, access and architectural style and materials. (P) 2. The proposed mini-storage facility shall be located on the northern portion of the properties and shall be designed in a compound-like manner, with the exterior walls of the storage units and a wall made of a similar material as the storage units serving as a screen to minimize the view of any doors which may face adjoining properties or public right-of-way. (P) 3. The Textual Statement, dated December 3, 2010, shall be considered the Master Plan relative to setbacks for buildings, parking and drives. (P) 4. The uses permitted shall be limited to the following: a) Hotels and Motels. b) Mini-storage/mini-warehouse facilities. (P) 5. The existing motel, located on Tax ID 748-686-2929, shall be razed within 180 days of the issuance of a Certificate of Occupancy for any new hotel or motel to be located on Tax 1Ds 748-686-5139 and 7148. In addition, no Building Permit shall be issued for any multi-storage/mini-warehouse until the existing motel has been removed. (P) (Staff Note: With approval of this request, Cases 82SN0038, 87SN0135, and 94SN0100 would be superseded.) Ayes: Warren, Jaeckle, Holland, Durfee, and Gecker. Nays: None. 11SN0173 In Matoaca Magisterial District, John M. Hubbard, Jr. requests renewal of manufactured home permit (Case 04SR0156) to permit a temporary manufactured home in a Residential(R-7) District on 9.4 acres known as 6120 Matoaca Road. Density is approximately .1 unit per acre. The Comprehensive Plan suggests the property is appropriate for residential use of 1- 5 acre lots; suited to R-88 zoning. Tax ID 780-622-4266. Mr. Turner presented a summary of Case 11SN0173 and stated and stated staff recommends approval subject to conditions. The applicant, Mr. John Hubbard, Jr., accepted the recommendation. J J J 11-63 Mr. Warren called for public comment. There being no one to address the request, the public hearing was closed. Ms. Durfee made a motion, seconded by Mr. Holland, for the Board to approve Case 11SN0173, subject to the following conditions: 1. The applicant and/or immediate family member(s) of the applicant shall be the owner and occupant of the manufactured home. (P) (Note: Immediate family members are limited to natural or legally defined offspring, stepchild, spouse, sibling, grandchild, grandparent or parent of the applicant.) 2. This manufactured home permit shall be granted for a period not to exceed seven (7) years from date of approval. (P) 3. No additional permanent-type living .space may be added onto this manufactured home. This manufactured home shall be skirted, but shall not be placed on a permanent foundation. (P) Ayes: Warren, Jaeckle, Holland, Durfee, and Gecker. Nays: None. lOSN0270 In Matoaca Magisterial District, James R. Monk requests rezoning and amendment of zoning district map from Agricultural (A) to Neighborhood Business (C-2) on 2.1 acres located in the northeast quadrant of Spring Run and Qualla Roads. Density will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for neighborhood mixed use center. Tax ID 742-663-2365. Ms. Darla Orr presented a summary of Case lOSN0270 and stated the Planning Commission recommended denial and expressed concerns regarding the late submission of the additional proffered conditions. She further stated proffered conditions 3 through 8 were not considered during the Planning Commission's deliberation of the case. She noted there is not enough property or road frontage for the development to fit on the property and provide the necessary site and road improvements. She further stated staff recommended denial because the proposal does not include significant land area to provide for adequate transition to adjacent single-family residential uses and fails to adequately address potential traffic impacts of the proposed development. She stated staff has reviewed the proffered conditions, and while they do address some of the Transportation Department's concerns, they fail to adequately address the potential impacts on traffic as outlined in the transportation section of the staff. report. She further stated the proposal including the most recent proffers does not address staff's concern relative to the sufficient acreage for neighborhood mixed use center in this 11-64 area. She noted three letters of opposition and a petition in opposition was received. The applicant, Mr. .James R. Monk, requested that Case lOSN0270 be remanded back to the Planning Commission and deferred for six months. Mr. Warren called for public comment. Ms. Patricia Dorton expressed concerns relative to improper land use. Mr. David Harold expressed concerns relative to the intersection and drainage. He requested that the Board deny the case. Mr. Glen Coates expressed concerns relative to traffic safety and drainage. Mr. Butch Anderson requested that the Board deny the case. Mr. James R. Monk reiterated his request for the case to be deferred for six months. There being no one else to speak to the request, the public hearing was closed. Ms. Durfee expressed appreciation for those citizens who spoke to the case. She stated some issues that raise concerns include location at this intersection, potential traffic impacts and previous Board denials. On motion of Ms. Durfee, seconded by Mr. Holland, the Board denied Case lOSN0270. Ayes: Warren, Jaeckle, Holland, Durfee, and Gecker. Nays: None. ~~e*Tn~~a In Midlothian Magisterial District, BB Hunt LLC requests amendment of conditional use planned development (Case 94SN0138) and amendment of zoning district map to delete age restriction for occupancy in a Residential (R-9) District on 1.2 acres lying 610 feet off the west line of Charter Park Drive, at Charter Landing Drive. Density will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for residential use of 101 to 2.0 units/acre and passive recreation/conservation area use. Tax IDs 723-703-2495, 3484, 5091, 6181 and 7089; and 723-704-5901. Ms. Jane Peterson presented a summary of Case 11SN0154 and stated the Planning Commission recommended approval subject to' one condition, noting that the amendment does not exceed they maximum number of dwellings and should not trigger the need to address capital facility impacts. She further stated staff recommends the applicant fully address the impact of each of the 80 age converted units to insure adequate service levels are maintained for county citizens. J J J 11-65 The applicant, Mr. George Moore, noted deletion of Proffered Condition 8 to permit relief to the age restriction requirements for eighty residential units within the Westwood Village condominium development of Charter Colony is proposed. He stated age restrictions on occupancy could be problematic relative to the Federal Housing Act. He further stated the original zoning case for Charter Colony has already addressed the impacts of the overall development on capital facilities through Proffered Condition 3, which permits a total of 2088 dwelling units prior to any cash proffers having to be paid. He noted the average age of the current homeowners in Westwood is 55 years of age with only 4 school age children. He requested that the Board eliminate Proffered Condition 8. Mr. Warren called for public comment. Ms. Beverly Bechard stated the removal of age restrictions will benefit Charter Colony and will result in increased market sales. There being no one else to speak to the request, the public hearing was closed. Mr. Gecker made a motion, seconded by Mr. Warren, for the Board to approve Case 11SN0154. In response to Mr. Holland's question, Mr. John McCracken stated the overall density of the development will not be any greater than what was originally approved. Ms. Cynthia Richardson, Director of Planning for Chesterfield County Public Schools, stated according to Schools' calculations, approximately thirty-nine elementary, seventeen middle, and nine high school students will be generated by this request. She further stated the number of children may increase in time. Ms. Durfee expressed concerns relative to impacts on facilities and age restrictions. In response to Ms. Durfee's question, Ms. Peterson stated each residential lot was required to pay a $5,043 cash proffer. Mr. Gecker noted there will be no increase in density. Ms. Durfee stated fire and library facilities might be affected. Mr. Warren called for a vote on the motion of Mr. Gecker, seconded by Mr. Warren, for the Board to approve Case 11SN0154, without the condition. Ayes: Warren, Jaeckle, and Gecker. Nays: Holland and Durfee. 18. PUBLIC HEARINGS There were no public hearings at this time. 11-66 19. REMAINING MANUFACTURED HOME PERMITS AND ZONING REQUESTS There were no requests for manufactured home permits or zoning requests. 20. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED MATTERS There were no requests to address the Board at this time. 21. ADJOURNMENT On motion of Mr. Holland, seconded by Ms. Durfee, the Board adjourned at 7:58 p.m. until February 23, 2011 at 3:00 p.m. Ayes: Warren, Jaeckle, Holland, Durfee, and Gecker. Nays: None. J mes Stegma' r ounty Administrator Ar hur S. Warren Chairman 11-67 J J J