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2008-10-08 MinutesBOARD OF SUPERVISORS MINUTES October 8, 2008 Supervisors in Attendance: Mr. Arthur S. Warren, Chairman Mr. Daniel A. Gecker, Vice Chrm. Ms. Dorothy Jaeckle Mr. James "Jim" Holland Ms. Marleen K. Durfee Mr. James J. L. Stegmaier County Administrator 08-688 Staff in Attendance: Ms. Janice Blakley, Clerk to the Board Mr. George Braunstein, Exec. Dir., Community Services Board Mr. Kevin Bruny, Dean, Chesterfield University Mr. Joe Campbell, Dir., Juvenile Detention Home Mr. Allan Carmody, Dir., Budget and Management Ms. Marilyn Cole, Asst. County Administrator 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 Ms. Rebecca Dickson, Dep. County Administrator, Human Services Mr. William Dupler, Building Official Colonel Thierry Dupuis, Police Department Ms. Karla Gerner, Dir., Human Resource Mgmt. Mr. Michael Golden, Dir., Parks and Recreation Interim Fire Chief James E. Graham, Fire Department Mr. John W. Harmon, Real Property Manager Mr. Russell Harris, Mgr. of Community Development Services Mr. William E. Johnson, Deputy County Admin., Management Services Mr. Donald Kappel, Dir., Public Affairs Mr. Rob Key, Director, General Services Mr. R. John McCracken, Dir., Transportation Mr. Richard M. McElfish, Dir., Env. Engineering Mr. Steven L. Micas, County Attorney 10/08/08 Mr. M. D. Stith, Jr., Deputy County Admin., Community Development Mr. Kirk Turner, Dir., Planning Ms. Judy L. Worthington, Circuit Court Clerk Mr. warren called the regularly scheduled meeting to order at 3:04 p.m. 1. APPROVAL OF MINUTES FOR SEPTEMBER 24, 2008 On motion of Mr. Holland, seconded by Ms. Durfee, the Board approved the minutes of September 24, 2008, as submitted. Ayes: Warren, Gecker,. Jaeckle, Holland, and Durfee. Nays: None. 2. COUNTY ADMINISTRATOR'S COMMENTS 2.A. COUNTY ADMINISTRATOR'S REPORT Mr. Stegmaier provided an update to the Board relating to the progress of the countywide Comprehensive Plan. He stated three items listed on the county's Top 40 Projects will be presented to the Board later in the agenda. 3. BOARD MEMBER REPORTS There were none at this time. 4. REQUESTS TO POSTPONE AGENDA ITEMS AND ADDITIONS, DELETIONS OR CHANGES IN THE ORDER OF PRESENTATION On motion of Mr. Gecker, seconded by Mr. Holland, the Board replaced and moved Item 8.B.1., Nomination and Appointment of Members to the Citizen's Budget Advisory Committee, to follow 8.B.; added Item 8.A.5., Nomination/Appointment to the John Tyler Community College Local Board; replaced Item 8.B.6.b., Set a Public Hearing to~Consider the Abandonment of a Portion of North Enon Church Road, State Route 746, Including Any Remnant Public Road Corridor Extending Beyond the End of State Route 746 to and Including the Landing on the James River that Previously Served Woodson Ferry; and replaced Item 16.C., Public Hearing to Consider the Leasing of Space on the County's Lake Dale Tower. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 5. RESOLUTIONS 5.A. RECOGNIZING MR. CHARLES TUCKER, JWENILE DETENTION HOME, UPON HIS RETIREMENT Mr. Joe Campbell introduced Mr. Charles Tucker, who was present along with his wife, to receive his resolution. On motion of the Board, the following resolution was adopted: J J J 08-689 10/08/08 WHEREAS, Mr. Charles Tucker retired from the Chesterfield County Juvenile Detention Home on October 1, 2008, after providing over 35 years of quality service to the citizens of Chesterfield County; and WHEREAS, Mr. Tucker has faithfully served the county in the capacity of Deputy Superintendent, Assistant Superintendent, and Superintendent of Secure Detention; and WHEREAS, Mr. Tucker served as Acting Director of Chesterfield Juvenile Detention Home on two occasions and also served as Acting Co-Director of the Crater Detention Center; and WHEREAS, Mr. Tucker has received numerous letters of thanks and appreciation for service rendered from the citizens of Chesterfield County; and. WHEREAS, Mr. Tucker was very active for many years in youth sports in Chesterfield County, and has provided the Chesterfield Juvenile Detention Home with many years of loyal and dedicated service; and WHEREAS, Mr. Tucker has served on numerous detention home audits representing Chesterfield County statewide; and WHEREAS, Mr. Tucker has represented Chesterfield County on numerous Department of Juvenile Justice committees throughout the evolution of the Juvenile Justice System for the State of Virginia; and WHEREAS, Mr. Tucker has contributed to the community through his years as a Chester Association girls softball coach, Gates Association girls basketball coach, and AAU girls basketball coach; and WHEREAS, Mr. Tucker has served as a member of the L. C. Bird High School Band Boosters and the L.C. Bird High School Athletic Boosters; and WHEREAS, Mr. Tucker served as the president of the Apamatica Neighborhood Association; and WHEREAS, Mr. Tucker has further served the youths of Chesterfield County through his work as a youth mentor, scholarship foundation workshop coordinator, and Brotherhood men's ministry; and WHEREAS, Chesterfield County and the Board of Supervisors will miss Mr. Tucker's diligent service and the contributions he made to the youths of Chesterfield County. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 8th day of October 2008, publicly recognizes Mr. Charles Tucker, 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 Mr. Tucker, and that this 08-690 10/08/08 resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. Mr. Holland presented the executed resolution to Mr. Tucker and expressed appreciation for his dedication to the youth in Chesterfield County. Mr. Tucker expressed appreciation to Chesterfield County for the opportunity to work for a wonderful locality. Mr. Stegmaier expressed appreciation to Mr. Tucker and presented him with an acrylic statue and watch. 5.B. RECOGNIZING OCTOBER 2008, AS "DOMESTIC VIOLENCE AWARENESS MONTH" Ms. Patricia Jones-Turner, Domestic and Sexual Violence Resource Center Coordinator, and members of the Domestic Violence Task Force, expressed appreciation to the Board for acknowledging October as "Domestic Violence Awareness Month". On motion of the Board, the following resolution was adopted: WHEREAS, violence in the home continues as a major social problem affecting all members of the family and community and dramatically reduces the quality of life for many citizens; and WHEREAS, we understand the problems of domestic violence occur among people of all ages and in families of all economic, racial, and social backgrounds; and WHEREAS, the crime of domestic violence violates an individual's privacy, dignity, security, and humanity, due to systematic use of physical, emotional, sexual, psychological and economic control and abuse; and WHEREAS, the impact of domestic violence is wide ranging, directly affecting women, men and their children and our community as a whole; and WHEREAS, Chesterfield County is committed to supporting the well being of families by advocating for intervention and prevention activities that decrease the incidents of domestic violence; and WHEREAS, only a coordinated and integrated effort, which obtains a commitment from all elements of the community to share responsibility in the fight against domestic violence, will put an end to this horrific crime. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 8th day of October 2008, publicly recognizes October 2008, as "Domestic Violence Awareness Month" and urges all citizens to actively support the efforts of the Chesterfield County Domestic and Sexual Violence Resource Center, the Chesterfield Domestic Violence Task Force and our local domestic violence service providers J J J 08-691 10/08/08 in working towards the elimination of domestic violence in our community. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. Ms. Jaeckle presented the executed resolution to Ms. Jones- Turner, accompanied by members of the Domestic Violence Task Force, and expressed appreciation for the efforts of domestic violence service providers towards eliminating domestic violence. Mr. Stegmaier expressed appreciation to the members of the Domestic Violence Task Force. Members of the Domestic Violence Task Force introduced themselves and provided details of their role in the task force . S.C. RECOGNIZING OCTOBER 2008, AS "CYBER SECURITY AWARENESS MONTH" Mr. Johnson introduced the Cyber Security Committee, who were present to receive their resolution. He provided details to the Board relating to the 1st Annual Cyber Security Awareness Fair to be held October 24, 2008, on the county complex. On motion of the Board, the following resolution was adopted: WHEREAS, many citizens, schools, libraries, businesses and other organizations use the Internet for a variety of tasks, including keeping in contact with family and friends, managing finances, conducting research, enhancing education and conducting business; and WHEREAS, critical sectors are increasingly reliant on information systems to support financial services, energy, telecommunications, transportation, health care, and emergency response systems; and WHEREAS, Internet users and our information infrastructure face an increasing threat of malicious attack by viruses and loss of privacy from spyware and adware; and WHEREAS, each year there are significant financial and personal privacy losses due to identity theft and fraud; and WHEREAS, the Multi-State Information Sharing and Analysis Center (MS-ISAC) was established in January 2003 to provide a collaborative mechanism to help states and local governments enhance Cyber security, and Chesterfield County Information Systems Technology provides a comprehensive approach to help enhance the security of this county; and WHEREAS, there are national organizations, such as the non-profit National Cyber Security Alliance (NCSA), policymakers, government agencies, private sector companies, and non-profit entities helping consumers, businesses, educational leaders and our youth to protect themselves online; and 08-692 10/08/08 WHEREAS, each one of us plays an important role in securing our cyberspace, and awareness of computer security essentials will improve the security of Chesterfield County information infrastructure and economy; and WHEREAS, the United States Department of Homeland Security, the Multi-State Information Sharing and Analysis Center and the National Cyber Security Alliance have declared October as National Cyber Security Awareness Month. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Chesterfield County, this 8th day of October 2008, publicly recognizes October 2008, as "Cyber Security Awareness Month" in Chesterfield County, encourages its citizens to learn about cyber security and put that knowledge into practice in their homes, schools, workplaces, and businesses. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. Mr. Holland presented the executed resolution to the members of the Cyber Security Committee and expressed appreciation for their work in keeping the county safe. 6. WORK SESSIONS 6.A. 2009 LEGISLATIVE PROGRAM Ms. Curtin provided an update to the Board relating the county's proposed 2009 Legislative Program. She reviewed key challenges facing the county in 2009 and legislative priorities for the upcoming session, which include transportation, growth, financial strength, quality of life and safety/security issues. Ms. Curtin reviewed specific initiatives related to each of these areas. She noted that the 2009 General Assembly session will be a short session that will convene on January 14, 2009 and end towards the latter part of February. She concluded by reviewing the legislative calendar with the Board. Mr. Warren requested Ms. Curtin keep the Board informed on the progress of the General Assembly. 7. DEFERRED ITEMS There were no deferred items at this time. 8. NEW BUSINESS 8.A. APPOINTMENTS On motion of Mr. Holland, seconded by Mr. Warren, the Board suspended its rules to allow simultaneous nomination/ appointment/reappointment of members to serve on the GRTC Transit System Board of Directors, Richmond Metropolitan Authority Board of Directors and John Tyler Community College Local Board. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. J J J 08-693 10/08/08 8.A.2. MULTI-CULTURAL ADVISORY COMMISSION Ms. Jaeckle stated she had other citizens interested in serving on the Commission. She further stated she has discussed them with Mr. Stith. On motion of Ms. Jaeckle, seconded by Mr. Gecker, the Board deferred appointment to the Multi-Cultural Advisory Commission to November 12, 2008. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 8.A.3. RICHMOND METROPOLITAN AUTHORITY BOARD OF DIRECTORS Mr. Gecker nominated Mr. A. Dale Cannady to serve on the Board of the Richmond Metropolitan Authority. Mr. Gecker made a motion, seconded by Mr. Holland, for the Board to close the nominations. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. On motion of Mr. Gecker, seconded by Mr. Warren, the Board simultaneously nominated/appointed Mr. A. Dale Cannady to serve on the Board of the Richmond Metropolitan Authority, whose term is effective October 1, 2008 to September 30, 2012. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 8.A.4. GRTC TRANSIT SYSTEM BOARD OF DIRECTORS Mr. Gecker made a motion, seconded by Ms. Jaeckle, for the Board to reappoint Mr. David W. Mathews, Mr. Daniel K. Smith, and Mr. S. Joseph Ward, to serve on the GRTC Transit System Board of Directors, whose terms are effective October 15, 2008, and will expire on October 15, 2009. In response to Ms. Durfee's question, Mr. Gecker stated the appointment is for one year. He further stated he did not want to remove the current representatives for the county at this time due to them being long standing members and Mr. Smith being the current chairman. Mr. Holland stated he would like to continue dialogue with the appointees to continue to articulate the Board's vision. Mr. Gecker stated the appointees need to be willing to come before the Board and provide updates on regional items that come before the board. Ms. Durfee stated the Board needs to communicate to the potential appointees the need for their commitment to the vision of this Board. 08-694 10/08/08 Mr. Warren called for a vote on the motion of Mr. Gecker, seconded by Ms. Jaeckle, for the Board to reappoint Mr. David W. Mathews, Mr. Daniel K. Smith, and Mr. S. Joseph Ward, to serve on the GRTC Transit System Board of Directors, whose terms are effective October 15, 2008, and will expire on October 15, 2009. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 8.A.5. JOHN TYLER COMMUNITY COLLEGE LOCAL BOARD On motion of Mr. Warren, seconded by Mr. Holland, the Board simultaneously nominated/appointed Mr. Brad Hammer, to serve on the John Tyler Community College Local Board, whose term is effective October 8, 2008 and will expire October 12, 2012. Ms. Durfee stated there was another person from the list of applications that she had been considering who was also supported by John Tyler. Ayes: Warren, Gecker, Jaeckle, and Holland. Nays: None. Abstain: Durfee. 8.B. CONSENT ITEMS On motion of Mr. Gecker, seconded by Mr. Warren, the Board removed the following item from the consent agenda for public comment: Item 8.C.4., Establishment of Citizens Budget Advisory Committee. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. On motion of Mr. Gecker, seconded by Mr. Warren, the following item was removed from the consent agenda for Board discussion: Item 8.C.3., Approval of FY2009 Chesterfield Community Services Board Performance Contract. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 8.B.1. ADOPTION OF RESOLUTIONS 8.B.l.a. RECOGNIZING OCTOBER 13-19, 2008, AS "GED WEEK" AND OCTOBER 15, 2008, AS "GED DAY" IN CHESTERFIELD COUNTY On motion of Mr. Gecker, seconded by Mr. Warren, the Board adopted the following resolution: WHEREAS, a well-educated workforce is essential to the vitality and growth of the Capital Area's economy and the strength of our community; and J J J 08-695 10/08/08 WHEREAS, 83,000 adults in the Capital Area do not possess a high school diploma or GED certificate, which hinders their efforts to earn a good wage and provide for their families; and WHEREAS, Governor Kaine has identified earning the GED certificate as a critical first step that undereducated Virginians can take to improve their lives; and WHEREAS, the Virginia Workforce Network is working to increase awareness of and access to GED preparation and testing opportunities; and WHEREAS, Chesterfield County Schools adult education program has served undereducated adults in our community and produced 1,921 GED graduates since 1977; and WHEREAS, local communities throughout the Commonwealth will hold events to stress the importance of a well-educated workforce and citizenry. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes the week of October 13-19, 2008, as "GED Week" and October 15, 2008, as "GED Day" in Chesterfield County and calls this observance to the attention of all our citizens. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 8.B.l.b. RECOGNIZING LIEUTENANT JOHN T. CROSBY, FIRE AND EMERGENCY MEDICAL SERVICES DEPARTMENT, UPON HIS RETIREMENT On motion of Mr. Gecker, seconded by Mr. Warren, the Board adopted the following resolution: WHEREAS, Lieutenant John T. Crosby will retire from the Fire and Emergency Medical Services Department, Chesterfield County, on November 1, 2008; and WHEREAS, Lieutenant Crosby attended Recruit School #9 and has faithfully served the county for 30 years in various assignments; as a firefighter at Bon Air, Dale and Dutch Gap Fire and EMS Stations; as a sergeant and lieutenant at Dutch Gap Fire and EMS Station; as a lieutenant at EMS Med-Flight #1, Ettrick and Airport Fire and EMS Stations; and as the tactical safety officer for "C" Shift; and WHEREAS, Lieutenant Crosby was a founding member of the Technical Rescue Team and served as a member of the Hazardous Materials Response Team, providing outstanding leadership and experience to enhance team knowledge and practical skills; and WHEREAS, Lieutenant Crosby served as an advanced life support provider from 1978 to 2003, as a medic on fire department ambulances and as a flight medic with Med-Flight; and WHEREAS, Lieutenant Crosby was recognized in August 2002 with an Emergency Medical Services Unit Citation for his role 08-696 10/08/08 in saving the life of a worker trapped in an industrial machinery accident; and WHEREAS, Lieutenant Crosby has made significant and valuable contributions to the department as an instructor in the areas of technical rescue, emergency patient care, hazardous material and firefighter safety. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes the contributions of Lieutenant John T. Crosby, expresses the appreciation of all residents for his service to the county, and extends their appreciation for his dedicated service and their congratulations upon his retirement. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 8.B.l.c. RECOGNIZING CAPTAIN STEVEN E. OAKES, FIRE AND EMERGENCY MEDICAL SERVICES DEPARTMENT, UPON HIS RETIREMENT On motion of Mr. Gecker, seconded by Mr. Warren, the Board adopted the following resolution: WHEREAS, Captain Steven E. Oakes retired from the Fire and Emergency Medical Services Department, Chesterfield County, on October 1, 2008; and WHEREAS, Captain Oakes attended Recruit School #9 and has faithfully served the county for 27 years in various assignments; as a firefighter at Manchester, Wagstaff and Clover Hill Fire and EMS Stations; as a lieutenant at the Wagstaff and Ettrick Fire and EMS Stations; as a captain at the Chester, Winterpock, Midlothian and Phillips Fire and EMS Stations, in the Fire Training Division; and as an acting battalion chief on "C" Shift; and WHEREAS, Captain Oakes and members of his shift received Life Save Awards for delivering and providing medical care to a complicated birth of a compromised newborn; and WHEREAS, Captain Oakes is recognized for furthering his personal education by receiving an Associates of Applied Science Degree in Fire Science and Emergency Medical Services Technologies; and WHEREAS, Captain Oakes is recognized for his cooperation and working relationship with the Chesterfield County Police Department and the Virginia State Police as the leader of the Department Tactical Medic Team; and WHEREAS, Captain Oakes participated in and provided leadership for several department initiatives and work groups, including the Fire Hose PAT; EMS Quality Assurance Committee; the Alternative Staffing and Training Methodology work group; the Motor Pump Operator Program rewrite team; the Operation Thunderhead work group; and the Integration Committee and Implementation work group. NOW, THEREFORE BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes the contributions of J J J 08-697 10/08/08 Captain Steven E. Oakes, expresses the appreciation of all residents for his service to the county, and extends their appreciation for his dedicated service and their congratulations upon his retirement. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 8.B.l.d. RECOGNIZING OCTOBER 2008, AS "CRIME PREVENTION MONTH" IN CHESTERFIELD COUNTY On motion of Mr. Gecker, seconded by Mr. Warren, the Board adopted the following resolution: WHEREAS, the vitality of our county depends on how safe we keep our homes, neighborhoods, schools, workplaces, and communities; and WHEREAS, crime and fear of crime destroy our trust in others and in civic institutions, threatening the community's health, prosperity, and quality of life; and WHEREAS, people of all ages must be made aware of what they can do to prevent themselves and their families, neighbors, and co-workers from being harmed by crime; and WHEREAS, the personal injury, financial loss, and community deterioration resulting from crime are intolerable and require investment from the whole community; and WHEREAS, crime prevention initiatives must include self- protection and security, but they must go beyond these to promote collaborative efforts to make neighborhoods safer for all ages and to develop positive opportunities for younger people; and WHEREAS, adults must invest time, resources, and policy support in effective prevention and intervention strategies for youth, and teens must be engaged in driving crime from their communities; and WHEREAS, effective crime prevention programs excel because of partnerships among law enforcement, other government agencies, civic groups, schools, faith communities, businesses, and individuals as they help to nurture communal responsibility and instill pride. NOW, THEREFORE, BE IT RESOLVED, that the Chesterfield County Board of Supervisors recognizes October 2008, as "Crime Prevention Month" in Chesterfield County and urges all citizens, government agencies, public and private institutions, and businesses to invest in the power of prevention and work together to make Chesterfield County a safer, stronger, more caring community. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 8.B.i.e. CONTINUING THE CURRENT CONTRIBUTION PROGRAM WITH VIRGINIA RETIREMENT SYSTEM On motion of Mr. Gecker, seconded by Mr. Warren, the Board adopted the following resolution: WHEREAS, CHESTERFIELD COUNTY provides its employees with tax deferral pursuant to § 414 (h) of the Internal Revenue 08-698 10/08/08 Code with respect to their member contributions to the Virginia Retirement System (referred to as VRS) by picking up member contributions to VRS; and WHEREAS, VRS keeps track of such picked up member contributions, and treats such contributions as employee contributions for all purposes of VRS; WHEREAS, the Internal Revenue Service in Notice 2006-43 has provided transition relief for existing pick-up arrangements provided that an authorized person takes formal action to evidence the establishment of the pick-up arrangement no later than January 1, 2009. WHEREAS, in order to avail itself of the protection given under Notice 2006-43, CHESTERFIELD COUNTY desires to affirm its intention to establish and maintain a pick-up arrangement through formal action by its governing body. NOW, THEREFORE, IT IS HEREBY RESOLVED that the existing member contribution pick-up arrangement is hereby affirmed as it relates to salary reduction elections in effect prior to the date of this Resolution, and it is further RESOLVED that effective the first pay day on or after October 8, 2008, CHESTERFIELD COUNTY shall pick up member contributions of its employees to VRS, and such contributions shall be treated as employer contributions in determining tax treatment under the Internal Revenue Code of the United States; and it is further RESOLVED that such contributions, although designated as member contributions, are to be made by CHESTERFIELD COUNTY in lieu of member contributions; and it is further RESOLVED that pick-up member contributions shall be paid from the same source of funds as used in paying the wages to affected employees; and it is further RESOLVED that member contributions made by CHESTERFIELD COUNTY under the pick-up arrangement shall be treated for all purposes other than income taxation, including but not limited to VRS benefits, in the same manner and to the same extent as member contributions made prior to the pick-up arrangement; and it is further RESOLVED that nothing herein shall be construed so as to permit or extend an option to VRS members to receive the pick-up contributions made by CHESTERFIELD COUNTY directly instead of having them paid to VRS; and it is further RESOLVED that notwithstanding any contractual or other provisions, the contributions of each member of VRS who is an employee of CHESTERFIELD COUNTY shall be picked up using the method under which the employer will pay the employees' statutorily required contributions to VRS and the salary will not be modified. Adopted in Chesterfield, Virginia this 8th day of October, 2008. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. J J J 08-699 10/08/08 8.B.2. CORRECTION OF THE AUGUST 27, 2008 MINUTES OF THE BOARD OF .SUPERVISORS On motion of Mr. Gecker, seconded by Mr. Warren, the Board approved the correction of minutes of August 27, 2008. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 8.B.5. STATE ROAD ACCEPTANCE On motion of Mr. Gecker, seconded by Mr. Warren, the Board adopted the following resolution: WHEREAS, the streets described below are shown on plats recorded in the Clerk's Office of the Circuit Court of Chesterfield County; and WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised this Board the streets meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation. NOW, THEREFORE, BE IT RESOLVED, that this Board requests the Virginia Department of Transportation to add the streets described below to the secondary system of state highways, pursuant to Section 33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements. AND, BE IT FURTHER RESOLVED, that this Board guarantees a clear and unrestricted right-of-way, as described, and any necessary easements for cuts, fills and drainage. AND, BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. Project: Gatewood Section 2 & a resubdivision of Lot 18 Block ~~C", Section 1 Type Change to the Secondary System of State Addition Reason for Change: New subdivision street Pursuant to Code of Virginia §33.1-229 Street Name and/or Route • Gallatin Road, State Route Number 1491 From: 0.04 mile NW of Bracken Rd., (Rt. 1492) To: Upshur Dr., (Rt. 7295), a distance of: 0.02 miles. Recordation Reference: Pb. 123 Pg. 61 Right of Way width (feet) = 60 • Upshur Drive, State Route Number 7295 From: Gallatin Rd., (Rt. 1491) To: Upshur Ct., (Rt. 7296), a distance of: 0.15 miles. Recordation Reference: Pb. 123 Pg. 61 Right of Way width (feet) = 40 • Upshur Court, State Route Number 7296 From: Upshur Dr., (Rt. 7295) To: Cul-de-sac, a distance of: 0.08 miles. Recordation Reference: Pb. 123 Pg. 61 Right of Way width (feet) = 40 08-700 10/08/08 • Upshur Drive, State Route Number 7295 From: Upshur Ct., (Rt. 7296) To: Cul-de-sac, a distance of: 0.04 miles. Recordation Reference: Pb. 123 Pg. 61 Right of Way width (feet) = 40 Ayes: Warren, Decker, Jaeckle, Holland, and Durfee. Nays: None. 8.B.6. SET DATES FOR PUBLIC HEARING 8.B.6.a. TO CONSIDER APPROVAL OF A LEASE-PURCHASE AGREEMENT FOR 19300 CHURCH ROAD WITH CHESTERFIELD ALTERNATIVES, INCORPORATED FOR THE BUILD-A-HOUSE PROJECT On motion of Mr. Gecker, seconded by Mr. Warren, the Board set October 22, 2008, for a public hearing for the Board to consider approval of a lease-purchase agreement for 19300 Church Road with Chesterfield Alternatives, Inc. for the Build-A-House Project. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 8.B.6.b. TO CONSIDER THE ABANDONMENT OF A PORTION OF NORTH ENON CHURCH ROAD, STATE ROUTE 746 On motion of Mr. Decker, seconded by Mr. Warren, the Board set November 12, 2008, at 6:30 p.m. for a public hearing to consider the abandonment of a portion of N. Enon Church Road, State 746, including any remnant public road corridor extending beyond the end of State Route 746 to and including the landing on the James River that previously served Woodson Ferry. And, further, the Board adopted the following resolution: Pursuant to Section 33.1-151 et. seq., of the Code of Virginia, 1950, as amended, be it resolved that the Chesterfield County Board of Supervisors hereby gives notice that at a regular meeting to be held on November 12, 2008, at 6:30 p.m. it will consider a Resolution and Order to abandon a portion of N. Enon Church Road, State Route 746, a distance of 0.13 miles, including any remnant public road corridor extending beyond the end of State Route 746 to and including the landing on the James River that previously served Woodson Ferry, since it serves no public necessity and is no longer necessary as a part of the secondary system of State Highways. Accordingly, the Clerk of the Board shall send a copy of this Resolution to the Commonwealth Transportation Commissioner and the Department of Game and Inland Fisheries. The clerk shall further cause to be published and posted the required notices of the Board's intention to abandon a portion of N. Enon Church Road, State Route 746, including any remnant public road corridor extending beyond the end of State Route J J J 08-701 10/08/08 746 to and including the landing on the James River that previously served Woodson Ferry. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 8.B.6.c. TO CONSIDER THE ABANDONMENT OF A PORTION OF RIDGEDALE PARKWAY, STATE ROUTE 3259 On motion of Mr. Gecker, seconded by Mr. Warren, the Board set November 12, 2008, at 6:30 p.m. as a public hearing to consider the abandonment of a portion of Ridgedale Parkway, State 3259. And, further, the Board adopted the following resolution: Pursuant to Section 33.1-151 of the Code of Virginia, 1950, as amended, be it resolved that the Chesterfield County Board of Supervisors hereby gives notice that at a regular meeting to be held on November 12, 2008, at 6:30 p.m. it will consider a Resolution and Order to abandon a portion of Ridgedale Parkway, State Route 3259, a distance of 0.09 miles, since it serves no public necessity and is no longer necessary as a part of the secondary system of State Highways. Accordingly, the Clerk of the Board shall send a copy of this Resolution to the Commonwealth Transportation Commissioner thereof. The clerk shall further cause to be published and posted the required notices of the Board's intention to abandon a portion of Ridgedale Parkway, State Route 3259. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 8.B.7. AWARD OF ANNUAL REQUIREMENTS CONTRACTS TO HANKINS AND ANDERSON INCORPORATED AND LANDMARK DESIGN GROUP INCORPORATED FOR ENGINEERING SERVICES FOR PARKS DEVELOPMENT AND RELATED PARKS PROJECTS On motion of Mr. Gecker, seconded by Mr. Warren, the Board authorized the County Administrator to execute annual requirements contracts with Hankins and Anderson, Inc. and LandMark Design Group, Inc. for engineering services relating to parks development and related parks projects. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 8.B.8. ACCEPTANCE OF PARCELS OF LAND 8.B.8.a. ALONG BELLWOOD ROAD FROM BELLWOOD ROAD, LLC On motion of Mr. Gecker, seconded by Mr. Warren, the Board accepted the conveyance of a parcel of land containing 0.04 acres along Bellwood Road from Bellwood Road, LLC, and authorized the County Administrator to execute the deed. (It 08-702 10/08/08 is noted a copy of the plat is filed with the papers of this Board.) Ayes: Warren, Gecker, Jaeckle, Holland, .and Durfee. Nays: None. 8.B.8.b. ALONG IRON BRIDGE ROAD FROM CONOTTI CORPORATION On motion of Mr. Gecker, seconded by Mr. Warren, the Board accepted the conveyance of a parcel of land containing 0.07 acres along Iron Bridge Road from Conotti Corporation, and authorized the County Administrator to execute the deed. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 8.B.8.c. ALONG MIDLOTHIAN TURNPIKE FROM MIDLO INVESTMENTS, LLC On motion of Mr. Gecker, seconded by Mr. Warren, the Board accepted the conveyance of a parcel of land containing 0.036 acres along Midlothian Turnpike from Midlo Investments, LLC, and authorized the County Administrator to execute the deed. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 8.B.9. REQUESTS FOR PERMISSION 8.B.9.a. FROM DOUGLAS AND JANET WILSON FOR A PROPOSED INTERLOCK BRICK WALL TO ENCROACH WITHIN A TEN-FOOT EASEMENT ACROSS LOT 30, THE VILLAS AT RIVER'S BEND On motion of Mr. Gecker, seconded by Mr. Warren, the Board approved a request from Douglas Wilson and Janet Wilson for a proposed interlock brick wall to encroach within a 10-foot easement across Lot 30, The Villas At River's Bend, subject to the execution of a license agreement. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 8.B.9.b. FROM FREDERICK A. PLATZ FOR A PROPOSED CHAIN LINK FENCE, AND EXISTING WIRE AND CHAIN LINK FENCES AND WOODEN RETAINING WALL TO ENCROACH WITHIN A VARIABLE WIDTH SEWER AND DRAINAGE EASEMENT ACROSS LOT 27, SCOTTINGHAM, SECTION H On motion of Mr. Gecker, seconded by Mr. Warren, the Board approved a request for permission for Frederick A. Platz for a proposed chain link fence, and existing wire and chain link fences and wooden retaining wall to encroach within a J J J 08-703 10/08/08 variable width sewer and drainage easement across Lot 27, Scottingham, Section H, subject to the execution of a license agreement. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. The following item was removed from the Consent Agenda for public comment: 8.B.4. ESTABLISHMENT OF CITIZENS BUDGET ADVISORY COMMITTEE Mr. George Beadles, a Clover Hill Resident, spoke in opposition to the formation of the Citizens Budget Advisory Committee. He stated he is concerned citizens will not have the same access to staff and the Board as they currently do. On motion of Mr. Gecker, seconded by Mr. Holland, the Board approved establishment of the Citizens Budget Advisory Committee. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. The following item was removed from the Consent Agenda for Board discussion: 8.B.3. APPROVAL OF FY2009 CHESTERFIELD COMMUNITY SERVICES BOARD PERFORMANCE CONTRACT In response to Mr. Gecker's question, Mr. Braunstein stated the contract is a monitoring device for the state, and the county is only bound to provide the services stated in the contract. He further stated if the state cuts the funding, the county is not required to maintain the programs on a local level. In response to Ms. Jaeckle's concerns, Mr. Braunstein stated the contract is not a traditional contract, that it is more of a way to track services provided by the funds. In response to Mr. warren's question, Mr. Braunstein stated the terms of the contract can be changed and at that time would be brought back to the Board. On motion of Mr. Gecker, seconded by Ms. Durfee, the Board approved the FY2009 Performance Contract as required by state code, between the Chesterfield Community Services Board and the Virginia Department of Mental Health, Mental Retardation, and Substance Abuse Services. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 08-704 10/08/08 8.A.1. CITIZENS BUDGET ADVISORY COMMITTEE On motion of Mr. Gecker, seconded by Mr. Warren, the Board suspended its rules to allow simultaneous nomination/ appointment of members to serve on the Citizen's Budget Advisory Committee. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. On motion of Mr. Gecker, seconded by Ms. Durfee, the Board simultaneously nominated/appointed Mr. Gary Armstrong, Dr. Sheryl Bailey, Mr. Bob Bryant, Mr. Brett Sheffield and Mr. Richard Jacobs, to serve on the Citizen's Budget Advisory Committee, whose terms are effective immediately and expire on September 30, 2010. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 9. REPORTS 9.A. REPORT ON DEVELOPER WATER AND SEWER CONTRACTS 9.B. REPORT ON STATUS OF GENERAL FUND BALANCE, RESERVE FOR r~uTUx~ cAYITAL PROJECTS, DISTRICT IMPROVEMENT FUNDS AND LEASE PURCHASES 9.C. REPORT ON ROADS ACCEPTED INTO THE STATE SECONDARY SYSTEM On motion of Ms. Durfee, seconded by Mr. Warren, the Board accepted the following reports: a Report on Developer Water and Sewer Contracts and a Report on Status of General Fund Balance, Reserve for Future Capital Projects, District Improvement Funds and Lease Purchases. And, further, the following roads were accepted into the State Secondary System: ADDITION T,FNrTu QUEENS GRANT SECTION 4 (Effective 09/16/2008) Riverdowns South Drive (Route 5744) - From 0.03 mile south of Brewton Way (Route 5860) to Post Mill Drive (Route 5859) 0.16 Mi. Riverdowns South Drive (Route 5744) - From Post Mill Drive (Route 5859) to temporary end of maintenance 0.20 Mi. ROSEMEAD @ THE HIGHLANDS (Effective 09/15/2008) Highland Glen Drive (Route 5160) - From Eastfair Drive (Route 5186) to Nithdale Place (Route 7255) 0.07 Mi. J J J 08-705 10/08/08 Highland Glen Drive (Route 5160) - From Nithdale Place (Route 7255) to Rosemead Lane (Route 7257) 0.06 Mi. Highland Glen Drive (Route 5160) - From Rosemead Lane (Route 7257) to cul-de-sac 0.03 Mi. Nithdale Court (Route 7256) - From Highland Glen Drive (Route 5160) to cul-de-sac 0.03 Mi. Nithdale Place (Route 7255) - From Highland Glen Drive (Route 5160) to cul-de-sac 0.06 Mi. Rosemead Court (Route 7258) - From Rosemead Lane (Route 7257) to cul-de-sac 0.03 Mi. Rosemead Lane (Route 7257) - From Highland Glen Drive (Route 5160) to Rosemead Court (Route 7258) 0.17 Mi. Rosemead Lane (Route 7257) - From Rosemead Court (Route 7258) to cul-de-sac 0.11 Mi. SUNNYBROOK 12 (Effective 09/16/2008) Alberta Mews (Route 7265) - From West Alberta Court (Route 3527) to cul-de-sac 0.05 Mi. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 10. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED MATTERS There were no speakers at this time. 11. DINNER On motion of Mr. Holland, seconded by Ms. Durfee, the Board recessed to the Lane B. Ramsey Administration Building, Room 502, for dinner. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. Reconvening: Mr. Warren stated Planning Commission Russell Gulley's wife, Ms. Betty Hoffman Gulley, passed away on Sunday, October 5, 2008. He expressed condolences to the Gulley family. 12. INVOCATION Dr. Roy Foots, Senior Pastor. New Direction Evangelistic Church, gave the invocation. 13. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Eagle Scout David Barth Lennon led the Pledge of Allegiance to the Flag of the United States of America. 08-706 10/08/08 14. RESOLUTIONS 14.A. THE CITIZENS OF CHESTERFIELD COUNTY RECOGNIZING MR. GEORGE BRAUNSTEIN FOR HIS SERVICE TO Ms. Dickson introduced Mr. George Braunstein, who was present along with his wife, to receive his resolution. On motion of Mr. Warren, seconded by Mr. Holland, the Board adopted the following resolution: WHEREAS, Mr. George E. Braunstein, Executive Director of Chesterfield Community Services Board/Mental Health Support Services, has served the citizens of Chesterfield County for eight years; and WHEREAS, under the leadership of Mr. Braunstein, Chesterfield CSB/MHSS became known nationally and statewide as a leader in using business practices in a public sector, such as a balanced scorecard and implementing cost management principles; and WHEREAS, Mr. Braunstein led the way to build two state- of-the-art rehabilitation centers - Chester House and Winchester Greens, and expanded the number of individuals served in all service areas and ages by over 50 percent, from 4,500 to over 8,000; and WHEREAS, Mr. Braunstein promoted expanding the integration of service staff into most of the Chesterfield County schools and several county departments, including Juvenile Detention, Community Corrections, and Social Services; and WHEREAS, Mr. Braunstein, developed partnerships with the private sector to create new service opportunities, including housing for the homeless mentally ill, walk-in services for substance abuse, and increased housing resources; and WHEREAS, under Mr. Braunstein's leadership, Chesterfield CSB/MHSS became known as a statewide leader in advancing quality-of-life issues for people with disabilities, including innovative housing and job opportunities; and WHEREAS, Mr. Braunstein achieved Fellow status in the American College of Healthcare Executives, their highest status; and WHEREAS, Mr. Braunstein was appointed by Health and Human Services Secretary Michael Leavitt to the National Advisory Council for Substance Abuse Mental Health Services Administration (SAMHSA) for a four-year term, 2008-2011; and WHEREAS, Mr. Braunstein was appointed by Governor Kaine to the State Olmstead Implementation Team, which is responsible for implementing a plan to increase the independence of all people with disabilities; and WHEREAS, Mr. Braunstein was appointed by the Department of Mental Health/Mental Retardation/Substance Abuse Services Commissioner James Reinhard as the co-chair of the state Pharmacy Committee; is a member of the Clinical Faculty of VCU School of Psychiatry; and serves as Board Member and J J J 08-707 10/08/08 Chair of the Virginia March of Dimes Public Affairs Committee; and WHEREAS, Mr. Braunstein serves as a Board member and Executive Committee member of the Virginia Association of Community Services Boards, as well as Chair of the Public Policy Committee; and WHEREAS, Mr. Braunstein will be sorely missed for his professional contributions and his commitment to the high quality of services provided to those served by the Chesterfield Community Services Board/Department of Mental Health Support Services. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 8th day of October 2008, publicly recognizes the contributions of Mr. George E. Braunstein, and extends on behalf of its members and the citizens of Chesterfield County, appreciation for his service to the county. AND, BE IT FURTHER RESOLVED that a copy of this resolution be presented to Mr. Braunstein, and that his resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. Mr. Warren presented the executed resolution to Mr. Braunstein and expressed appreciation to him for his commitment to the citizens of Chesterfield County. Mr. Stegmaier expressed appreciation to Mr. Braunstein for his hard work and dedication to Chesterfield County. Mr. Braunstein expressed appreciation to Chesterfield County for the opportunity to have worked here. 14.B. RECOGNIZING MR. DAVID LENNON, TROOP 806, UPON ATTAINING THE RANK OF EAGLE SCOUT Mr. Kappel introduced Mr. David Barth Lennon, who was present, along with his parents, to receive his resolution. On motion of Mr. Holland, seconded by Ms. Durfee, the Board adopted the following resolution: WHEREAS, the Boy Scouts of America was incorporated by Mr. William D. Boyce on February 8, 1910, and was chartered by Congress in 1916; and WHEREAS, the Boy Scouts of America was founded to build character, provide citizenship training and promote physical fitness; and WHEREAS, after earning at least twenty-one merit badges in a wide variety of skills including leadership, service and outdoor life, serving in a leadership position in a troop, carrying out a service project beneficial to his community, being active in the troop, demonstrating Scout spirit, and living up to the Scout Oath and Law; and 08-708 10/08/08 WHEREAS, Mr. David Barth Lennon, Troop 806, sponsored by Woodlake United Methodist Church, has accomplished those high standards of commitment and has reached the long-sought goal of Eagle Scout, which is earned by only four percent of those individuals entering the Scouting movement; and WHEREAS, growing through his experiences in Scouting, learning the lessons of responsible citizenship, and endeavoring to prepare himself for a role as a leader in society, David has distinguished himself as a member of a new generation of prepared young citizens of whom we can all be very proud. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 8th day of October 2008, publicly recognizes Mr. David Barth Lennon, extends congratulations on his attainment of Eagle Scout, and acknowledges the good fortune of the county to have such an outstanding young man as one of its citizens. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. Ms. Durfee presented the executed resolution and patch to Mr. Lennon, congratulated him on his outstanding achievements, and wished him well in future endeavors. Mr. Lennon provided details of his Eagle Scout project and expressed appreciation to his parents and community for their support. 14.C. RECOGNIZING THE ALPHA KAPPA ALPHA SORORITY, INCORPORATED FOR ONE HUNDRED YEARS OF SERVICE Mr. Kappel introduced members of the Alpha Kappa Alpha Sorority, Incorporated,. who were present to receive the resolution. On motion of the Mr. Holland, seconded by Ms. Durfee, the Board adopted the following resolution: WHEREAS, the Alpha Kappa Alpha Sorority was established on January 15, 1908 as America's first Greek-letter organization for Black college women; and WHEREAS, since its founding, Alpha Kappa Alpha has distinguished itself as a.service organization, and has grown to more than 200,000 college-educated women from around the world; and WHEREAS, currently, more than 950 Alpha Kappa Alpha chapters operate in the United States, the Caribbean, Germany, Korea and Japan; and WHEREAS, Pi Rho Omega is Chesterfield County's local chapter, which has 134 members who are committed to service in Chesterfield County; and WHEREAS, Pi Rho Omega was chartered on April 4, 1987, and since that time, its members have worked to assist Habitat for Humanity; voter registration drives; the YMCA; J J J 08-709 10/08/08 Meals-on-Wheels; Tools for Schools; the Central Virginia Food Bank and numerous other organizations in their efforts to improve the lives of those in need; and WHEREAS, in addition to these many benevolent activities, Pi Rho Omega also has awarded two scholarships each year since 1988 to deserving young ladies in the Richmond Metropolitan area, based on need and academic achievements; and WHEREAS, since 1988, the chapter has provided more than $50,000 in college scholarships; and WHEREAS, on October 10th and 11th, the ladies of Pi Rho Omega will host the Northern Western Virginia Fall Cluster Conference at the Greater Richmond Convention Center; and WHEREAS, Chesterfield County is proud to have the Chesterfield chapter of Alpha Kappa Alpha serve as the host organization for the centennial conference of this outstanding organization. NOW, THEREFORE, BE IT RESOLVED, that the Chesterfield Board of Supervisors, this 8th day of October, 2008; hereby expresses appreciation, on behalf of all Chesterfield County residents, to the ladies of Pi Rho Omega and Alpha Kappa Alpha for 100 years of selfless service to others, wishes Alpha Kappa Alpha a successful conference, and extends best wishes for continued success. AND, BE IT FURTHER RESOLVED that this resolution be presented to members of the Pi Rho Omega chapter and that this resolution be recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. Mr. Holland presented the executed resolution to the members of the Alpha Kappa Alpha Sorority and congratulated them for 100 years of community service. Mr. Warren expressed appreciation to the members of the Alpha Kappa Alpha Sorority for their dedication to the citizens of Chesterfield County. Ms. Tamara Caldwell expressed appreciation to Chesterfield County for the recognition of the Alpha Kappa Alpha Sorority. 15. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED MATTERS Ms. Lisa Coffey addressed the Board relating to the personal property rights of the citizens affected by the Branner Station zoning case. She stated approval of the Branner Station zoning case has diminished the personal property rights of everyone involved due to the lack of information being disseminated by the developer. Ms. Brenda Stewart addressed the Board relative to the size of the electronic sign approved to be built at Matoaca High SCY1001 . 08-710 10/08/08 Ms. Judith Gill addressed the Board relating to the electronic sign to be built at Matoaca High School and requested the Board to reconsider the approval of the case.. 16. PUBLIC HEARINGS 16.A. TO CONSIDER PROPOSED FY2010 TRANSPORTATION ENHANCEMENT PROJECTS Mr. Stith stated this date and time had been advertised for the Board to consider the proposed FY2010 Transportation Enhancement Projects. Mr. warren called for public comment. Ms. Andrea Epps expressed appreciation to the Board for considering these enhancements in the Genito Road area. There being no one else to speak to the request, the public hearing was closed. On motion of Mr. Gecker, seconded by Mr. Warren, the Board approved the FY2010 Enhancement Project List, and directed staff to forward it to the Richmond Metropolitan Planning Organization for endorsement. And, further, the Board adopted the following resolution requesting Virginia Department o.f Transportation approval and guaranteeing the local match for the projects: WHEREAS, in accordance with the Commonwealth Transportation Board (CTB) construction allocation procedures, it is necessary that the local governing body request, by resolution, approval of a proposed enhancement project. NOw, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Chesterfield County requests the CTB continue funding of the project for the restoration of the Falling Creek Bridge on Jefferson Davis Highway BE IT FURTHER RESOLVED, that the Board hereby agrees to pay 20 percent of the total estimated cost of $710,000 for construction of the Falling Creek Bridge Restoration Project, and that, if the Board subsequently elects to unreasonably cancel this project, the County of Chesterfield hereby agrees that the Virginia Department of Transportation will be reimbursed for the total amount of the costs expended by the Department through the date the Department is notified of such cancellation. And, further, the Board adopted the following resolution: WHEREAS, in accordance with the Commonwealth Transportation Board (CTB) construction allocation procedures, it is necessary that the local governing body request, by resolution, approval of a proposed enhancement project. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Chesterfield County requests the CTB establish J J J 08-711 10/08/08 a project for the installation of streetlights along Genito Road from Fox Chase Lane to Watercove Road. ~.. BE IT FURTHER RESOLVED, that the Board hereby agrees to pay 20 percent of the total estimated cost of $62,500 for planning, design, right-of-way, and construction of the Genito Road Streetlight Project, and that, if the Board subsequently elects to unreasonably cancel this project, the County of Chesterfield hereby agrees that the Virginia Department of Transportation will be reimbursed for the total amount of the costs expended by the Department through the date the Department is notified of such cancellation. And, further, the Board adopted the following resolution: WHEREAS, in accordance with the Commonwealth Transportation Board (CTB) construction allocation procedures, it is necessary that the local governing body request, by resolution, approval of a proposed enhancement project . NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Chesterfield County requests the CTB establish a project for Phase I of the Fordham Road Sidewalk Project from Fernbrook Park to Jacobs Road Elementary School. BE IT FURTHER RESOLVED, that the Board agrees to pay 20 percent of the total estimated cost of $300,000 for planning, design, right-of-way, and construction of Phase I of the Fordham Road .Sidewalk Project from Fernbrook Park to Jacobs Road Elementary School, and that, if the Board subsequently elects to unreasonably cancel this project, the County of Chesterfield hereby agrees that the Virginia Department of Transportation will be reimbursed for the total amount of the costs expended by the Department through the date the Department is notified of such cancellation. And, further, the Board adopted the following resolution: WHEREAS, in accordance with the Commonwealth Transportation Board (CTB) construction allocation procedures, it is necessary that the local governing body request, by resolution, approval of a proposed enhancement project. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Chesterfield County requests the CTB establish a project for the Springford Parkway Pedestrian Path from Summerford Drive to Collington Drive. BE IT FURTHER RESOLVED, that the Board agrees to pay 20 percent of the total estimated cost of $162,500 for planning, design, right-of-way, and construction of Springford Parkway Pedestrian Path from Summerford Drive to Collington Drive, and that, if the-Board subsequently elects to unreasonably cancel this project, the County of Chesterfield hereby agrees that the Virginia Department of Transportation will be reimbursed for the total amount of the costs expended by the Department through the date the Department is notified of such cancellation. 08-712 10/08/08 And, further, the Board adopted the following resolution: WHEREAS, in accordance with the Commonwealth Transportation Board (CTB) construction allocation procedures, it is necessary that the local governing body request, by resolution, approval of a proposed enhancement project . NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Chesterfield County requests the CTB establish a project for Phase II of Walton Park Road Sidewalk Project located between North Woolridge Road and Queensgate Road. BE IT FURTHER RESOLVED that the Board hereby agrees to pay 20 percent of the total estimated cost of $450,000 for planning, design, right-of-way, and construction of Phase II of the Walton Park Road Sidewalk Project, and that, if the Board subsequently elects to unreasonably cancel this project, the County of Chesterfield hereby agrees that the Virginia Department of Transportation will be reimbursed for the total amount of the costs expended by the Department through the date the Department is notified of such cancellation. NOTE: If projects are approved and funded by VDOT, staff will return to the Board with an identified source for the required match, up to a total of $337,000; and And, further, the Board authorized the County Administrator to enter into agreements between VDOT/county/consultant/ contractor, for design, environmental permit, right-of-way acquisition, and/or construction agreements, acceptable to the County Attorney, for projects approved by VDOT. Ayes: warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 16.B. TO CONSIDER AN ORDINANCE TO VACATE A PORTION OF A RESUBDIVISION OF OPEN SPACE, LAKEPOINTE SUBDIVISION Mr. Stith stated this date and time had been advertised for the Board to consider an ordinance to vacate a portion of a resubdivision of open space, Lakepointe Subidivision. Mr. Warren called for public comment. There being no one to address the request, the public hearing was closed. In response to Mr. Gecker's question, Mr. Harmon stated the property is vacant and the homeowner's association has sold it to the owners of the adjacent property. He further stated it is surplus property. In response to Mr. Holland's question, Mr. Stith stated both the Planning and Environmental Engineering Departments are in agreement with the ordinance. On motion of Mr. Warren, seconded by Mr. Holland, the Board adopted the following ordinance: AN ORDINANCE whereby the COUNTY OF CHESTERFIELD, VIRGINIA, ("GRANTOR") vacates to JOSEPH E. VADEN and IRIS H. J J 08-713 10/08/08 VADEN, ("GRANTEE"), portions of open space within A Resubdivision of Open Space, Lakepointe Subdivision, CLOVER HILL Magisterial District, Chesterfield County, Virginia, as shown on a plat thereof duly recorded in the Clerk's Office of the Circuit Court of Chesterfield County in Plat Book 100, at Page 94. WHEREAS, LAKEPOINTE HOMEOWNERS ASSOCIATION, INC., petitioned the Board of Supervisors of Chesterfield County, Virginia to vacate portions of open space within A Resubdivision of Open Space, Lakepointe Subdivision, CLOVER HILL Magisterial District, Chesterfield County, Virginia more particularly shown on a plat of record in the Clerk's Office of the Circuit Court of said County in Plat Book 100, Page 94, by TIMMONS, dated JANUARY 18, 1997, and recorded SEPTEMBER 2, 1998. The portions of open space petitioned to be vacated are more fully described as follows: The portions of open space contain 0.2 acres, more or less, and 0.8 acres, more or less, and are shown on Sheet 8 of 8, A Resubdivision of Open Space, Lakepointe Subdivision, a copy of which is recorded in the Clerk's Office, Circuit Court, Chesterfield County, Virginia in Plat Book 100, Page 94. WHEREAS, notice has been given pursuant to Section 15.2- 2204 of the Code of Virginia, 1950, as amended, by advertising; and, WHEREAS, no public necessity exists for the continuance of the portions of open space sought to be vacated. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF SUPERVISORS OF CHESTERFIELD COUNTY, VIRGINIA: That pursuant to Section 15.2-2272 of the Code of Virginia, 1950, as amended, the aforesaid portions of open space be and are hereby vacated. This Ordinance shall be in full force and effect in accordance with Section 15.2-2272 of the Code of Virginia, 1950, as amended, and a certified copy of this Ordinance, together with the plat attached hereto shall be recorded no sooner than thirty days hereafter in the Clerk's Office of the Circuit Court of Chesterfield County, Virginia pursuant to Section 15.2-2276 of the Code of Virginia, 1950, as amended. .The effect of 2274 is to destroy the portion of the fee simple title of in the property own use. this Ordinance pursuant to Section 15.2- the force and effect of the recording of plat vacated. This Ordinance shall vest the portions of open space hereby vacated ers free and clear of any rights of public Accordingly, this Ordinance shall be indexed in the names of the COUNTY OF CHESTERFIELD as GRANTOR, and JOSEPH E. VADEN and IRIS H. VADEN, or their successors in title, as GRANTEE. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 08-714 10/08/08 16.C. DALE TOWER TO CONSIDER THE LEASING OF SPACE ON THE COUNTY'S LAKE Mr. Stith stated this date and time had been advertised for the Board to consider the leasing of space on the county's Lake Dale Tower. Mr. Warren called for public comment. There being no one to address the request, the public hearing was closed. On motion of Ms. Durfee, seconded by Mr. Holland, the Board approved the leasing of space on the county's Lake Dale Tower to New Cingular Wireless PCS, LLC. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 17. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED MATTERS There were no speakers at this time. 18. ADJOURNMENT On motion of Mr. Holland, seconded by Mr. warren, the Board adjourned at 7:04 p.m. to October 22, 2008. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. mes Steg ier ounty Administrator Art ur S. Warren Chairman 08-715 10/08/08 J J