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2009-02-25 MinutesBOARD OF SUPERVISORS MINUTES February 25, 2009 Cs r~ 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 Staff in Attendance: Mr. Jim Banks, Asst. Dir., Transportation Ms. Janice Blakley, Clerk to the Board Mr. Kevin Bruny, Dean, Chesterfield University Ms. Debbie Burcham, Exec. Dir., Community Services Board Mr. Joe Campbell, Dir., Juvenile Detention Home Mr. Alan Carmody, Dir., Budget and Management Ms. Jana Carter, Dir., Juvenile Services 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. Will Davis, Dir., Economic Development Ms. Rebecca Dickson, Dep. County Administrator, Human Services Colonel Thierry Dupuis, Police Department Ms. Karla Gerner, Dir., Human Resource Mgmt. Mr. Michael Golden, Dir., Parks and Recreation Mr. John W. Harmon, Real Property Manager Mr. Russell Harris, Mgr. of Community Development Services Mr. William E. Johnson, Dep. County Administrator, Management Services Mr. Donald Kappel, Dir., Public Affairs Mr. Rob Key, Director, General Services Ms. Debbie Leidheiser, Senior Advocate, Human Services Mr. Michael Likins, Dir., Cooperative Extension Mr. Mike Mabe, Director, Libraries 09-90 02/25/09 Mr. Richard M. McElfish, Dir., Env. Engineering Mr. Steven L. Micas, County Attorney Dr. William Nelson, Dir., Health Department Chief Edward Senter, Fire Department Ms. Sarah Snead, Dir., Social Services Mr. M. D. Stith, Jr., Deputy County Admin., Community Development Mr. Kirk Turner, Dir., Planning Mr. Warren called the regularly scheduled meeting to order at 3:06 p.m. 1. APPROVAL OF MINUTES 1.A. FEBRUARY 10, 2009 MEETING WITH REPRESENTATIVES OF BON SECOURS SAINT FRANCIS MEDICAL CENTER On motion of Mr. Holland, seconded by Ms. Durfee, the Board approved the minutes of the February 10, 2009, meeting with representatives of Bon Secours Saint Frances Medical Center, as amended. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 1.B. FEBRUARY 12, 2009 REGULAR MEETING On motion of Ms. Durfee, seconded by Mr. Holland, the Board approved the minutes of the February 12, 2009, regular meeting, as amended. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 2. COUNTY ADMINISTRATOR'S COMMENTS 2.A. COUNTY ADMINISTRATOR'S REPORT Mr. Stegmaier stated eight public meetings have been held on the proposed zip code changes and two more are scheduled. He further stated the majority of the feedback from the citizens has been positive. He stated the proposed changes would still need to be presented to the Post Office. Mr. Stegmaier stated staff has started the process of meeting with the community regarding the county's budget. Mr. Stegmaier provided an update on Westchester Commons (Watkins Centre), Stonebridge (former Cloverleaf Mall), and the Capital Regional Collaborative. J J J 09-91 02/25/09 Mr. Holland requested an update on the Poseidon Swimming Complex at the next Board meeting. .~ r~ 0 LEGISLATIVE UPDATE Ms. Curtin stated this is the last week of the General Assembly session and provided an update on some of the bills. She further stated the General Assembly is still waiting for the release of the state budget. She stated the state revenues came in worse than forecasted for January. In response to Ms. Durfee's question, Ms. Curtin stated the RMA bill was defeated on the floor of the Senate. She further stated a more favorable substitute bill to alternative on-site septic systems will pass. 3. BOARD MEMBER REPORTS Mr. Holland stated in an effort to assist in the improvement and sustainability of older neighborhoods, he felt it is necessary to step up the county's zoning code enforcement efforts. He further stated he understood the Planning Department's code enforcement efforts are complaint driven, however, he requested when zoning code complaints are investigated, that the immediate surrounding area also be checked for code compliance, particularly those dealing with recreational vehicles and boats. He requested the Planning Department to coordinate with the License Inspector's office to make sure all personal property taxes are being collected. He stated he recognized that the Board included funding for a property maintenance program to include pro-active code enforcement in the proposed budget and was very interested in the opportunities it presents. Mr. Gecker indicated that maintenance code enforcement was also included along with zoning enforcement in the new property maintenance program. 4. REQUESTS TO POSTPONE AGENDA ITEMS AND ADDITIONS, DELETIONS OR CHANGES IN THE ORDER OF PRESENTATION On motion of Ms. Durfee, seconded by Mr. Gecker, the Board replaced Item 8.B.8., Set Date for Public Hearing to Consider the Restriction of Through Truck Traffic on Ruffin Mill Road from Ashton Park Drive to Ramblewood Road, and added Item 10.A., Closed Session Pursuant to Section 2.2-3711(A)(7), Code of Virginia, 1950, as amended, for Consultation with Legal Counsel Regarding Specific Legal Matters Requiring the Provision of Legal Advice with Respect to the Application of "Guidance" by The Chesapeake Bay Local Assistance Board on the Chesapeake Bay Preservation Act. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: .None. 09-92 02/25/09 5. RESOLUTIONS 5.A. RECOGNIZING MR. GENE WELLS, INFORMATION SYSTEMS TECHNOLOGY DEPARTMENT, UPON HIS RETIREMENT Mr. Barry Condrey introduced Mr. Gene Wells, who was present to receive the resolution. On motion of the Board, the following resolution was adopted: WHEREAS, Mr. Gene Wells will retire from the Chesterfield County Information Systems Technology Department on March 1, 2009 after providing 30 years of quality service to the citizens of Chesterfield County; and WHEREAS, Mr. Wells has faithfully served the county in the capacity of database administrator, technical services manager and senior database administrator for the Information Systems Technology Department; and WHEREAS, Mr. Wells has been instrumental in implementing some of the most technically challenging upgrades at Chesterfield County such as the Disk Operating System; and WHEREAS, Mr. Wells was recognized for developing standards for Job Control Language files and delivered quality service in the maintenance of Database 2 as well as the Structured Query Language server; and WHEREAS, Mr. Wells graduated from Chesterfield County's Quality System program and also completed many courses related to career/job preparation such as Database 2, Oracle Administration, Performance Management and many others, which enabled him to provide invaluable support for the In Focus project; and WHEREAS, Mr. Wells was an active member of the Quality Assurance Committee, the Richmond Database 2 Users Group, and served on the Technical Standards Review Committee; and WHEREAS, Mr. Wells' knowledge, guidance, ethical behavior and analytical abilities have helped to make the Information Systems Technology Department a recognized and respected resource; and WHEREAS, Mr. Wells has earned the admiration and respect of his peers and colleagues at Chesterfield County for his dedication, calm demeanor, enthusiasm, professionalism, and his ability to transition from old technology to emerging technology; and WHEREAS, Mr. Wells was selected as IST's 2008 Employee of the Year for his support of the In Focus project, community service involvement, and his many Christian acts of kindness; and WHEREAS, Mr. Wells will be remembered by his co-workers as a quiet, humble man who performed his job in a superior manner, never wanting to be noticed or recognized for his many accomplishments; and J J J 09-93 02/25/09 WHEREAS, Mr. Wells has made many lasting contributions to his field of database administration and to the IST staff who will be forever grateful for his analytical abilities, pleasant personality and most importantly, his friendship. C+~ u NOW, THEREFORE, BE IT RESOLVED, that the Chesterfield County Board of Supervisors, this 25th day of February 2009, publicly recognizes Mr. Gene Wells, 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. Wells, and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. Mr. Holland presented the executed resolution to Mr. Wells and expressed appreciation for his dedication to Chesterfield County. Mr. Stegmaier presented the acrylic statue and watch to Mr. Wells and expressed appreciation for his service to Chesterfield County. Mr. Wells expressed appreciation for the recognition and opportunity to have worked for Chesterfield County. 6. WORK SESSIONS 6.A. THE COUNTY ADMINISTRATOR'S PROPOSED FY2010 BUDGET INCLUDING PRESENTATIONS FROM THE HUMAN SERVICES DIVISION AND THE SOCIAL SERVICES BOARD C•7 HUMAN SERVICES DIVISION Ms. Dickson began the presentation by indicating that the work session would be to review the Human Services Division FY10 Budget. She then played a video providing an overview of the various Human Services Division and its programs, services and initiatives. She then reviewed examples of how Human Service departments are .Good Stewards of the Public Trust including examples from Adult Drug Court, Court Services Unit, Comprehensive Services, Community Corrections, Social Services and Libraries. She further provided details of how the Human Services Departments return investment to the community and participate in initiatives that leverage resources including community partners and volunteer hours. She reviewed numerous accomplishments and initiatives in Human Service Departments. She reviewed the overall composition of the Division's expenditures. She stated that the overall Human Services proposed reductions and revenue enhancements for FY10 totaled $3.4 million and represented a 7% decrease in local funding. She reviewed the proposed reductions by category including program/service level adjustments, efficiency and productivity adjustments and .possible revenue generating proposals. Program and service level ,adjustments were presented in the areas of Mental 09-94 02/25/09 Health, Adult and Juvenile Drug Courts, Juvenile Detention Home, Comprehensive Services, Libraries and Parks and Recreation. Efficiency and productivity adjustments were presented in the areas of Mental Health, Social Services, Health, and various other departments within the division. She stated that efficiency and productivity savings included eliminating positions, holding positions vacant, freezing travel and capital expenditures and other items. Revenue generating proposals for programs in Parks and Recreation were presented including increases in Adult Sports, Adult Community and Outdoor Recreation Programs, summer camp and teen camp programs. She concluded her presentation by indicating that additional information was included in her presentation including details on challenges for the Division and the Division's focus for the future. In response to Ms. Jaeckle's question, Ms. Dickson stated that Parks and Recreation does already contract for mowing services at about 33 sites around the County and that usually these sites tend to be the ones in more remote locations of the County. Ms. Jaeckle suggested that perhaps Parks and Recreation could look at a pilot program whereby mowing of the school grounds is done by the individual school. Mr. Warren noted that grounds maintenance some years ago was handled by the Schools but this effort was turned over to the County Parks and Recreation Department and that the quality of the maintenance has improved. Ms. Dickson indicated that staff would take another look at this approach. In response to Ms. Durfee's question, Ms. Dickson stated Habitat for Humanity is one of the regional partners for leveraging services. She further stated the recommendation for Magnolia Grange and the museum is to no longer staff the facilities for 30 hours a week, but continue to be available for appointments and field trips. In response to Ms. Jaeckle's question, Ms. Dickson stated Magnolia Grange has approximately 3,000 visitors a year and the museum has approximately 1,500 visitors a year. Ms. Jaeckle inquired about the number of visitors at Magnolia Grange and the county museum, other than school groups. In response to Ms. Durfee's question, Ms. Dickson stated the fees for summer camps have not been adjusted over the last several years. She further stated the increased fees would offset indirect costs incurred for adult programs and teen camps. Ms. Durfee expressed appreciation to Ms. Dickson for the detailed presentation and cost saving efforts. In response to Mr. Holland's question, Ms. Dickson stated for infant and toddler speech therapy, the earlier the intervention is given the better the results. She stated the county is waiting to see what happens with the state budget in regards to the drug courts. She further stated staff has not analyzed the number of organizations that use the public meeting rooms that would be impacted by a reduction in library operation hours. J J J 09-95 02/-25/09 In response to Ms. Durfee's question, Ms. Dickson stated the libraries have heavy usage in the morning hours, and some years ago began opening at 10:00 rather. than 9:00 and we still get comments from citizens desiring earlier hours. ^+1~ ^~ C In response to Ms. Jaeckle's question, Ms. Dickson stated the public meeting rooms in most of the libraries are structured to have a separate entrance from the library. She further stated policy states an employee is to be at the library until everyone has left the facility so staff is still needed. SOCIAL SERVICES BOARD Ms. Dickson introduced Ms. Liz Welchons-Petrigala, Chair of the Social Services Board. Ms. Welchons-Petrigala expressed appreciation to the Board for their hard work and dedication. She introduced members of the Social Services Board, who were present at the meeting. She then introduced Ms. Sarah Snead to begin the Social Services presentation. Ms. Snead expressed appreciation to the Board for their support . She provided information regarding the Adult and Child Protective Services Investigations; Foster Care and Adoption services; Temporary Assistance for Needy Families; Virginia Initiative for Employment not Welfare; Child Care; Food Stamp Program; Medicaid; Energy Assistance Programs; and the Housing Choice Voucher Program. She further provided details on the success of the Integrated Intake Program. She stated citizens have donated 2,775 hours of their time to volunteer and 37 churches have assisted the Social Services Department in a variety of projects. She provided various highlights of the community partnerships with the Social Services Department. She discussed agency challenges, including the impact of current economy, increased number of citizens in crisis; potential loss of revenue; ability to maintain quality assurance and compliance. In response to Ms. Jaeckle's question, Ms. Snead stated the Federal and State funding for the Social Services Department was $20 million with $5 million of these funds being local, mosst of which is the required local match. Mr. Holland expressed appreciation for the presentation. He stated the county is in challenging times and needs to look at ways to better deliver services and coordinate needs. He also asked whether or not undocumented individuals could receive Social Services benefits. In response to Mr. Holland's question, Ms. Snead stated that to be eligible for benefit programs, applicants must have documentation proving citizenship. In response to Ms. Durfee's question, Ms. Snead stated Chesterfield County is comparable to Prince William with the number of participants in their programs. Ms. Durfee requested benchmark data relative to increased requests for TANF and other resources. 09-96 02/25/09 Ms. Jaeckle stated the administrative costs of the state mandated programs have not been increased and these are the programs which require general fund funding. Mr. Stegmaier expressed appreciation to the Social Services Department staff and Ms. Dickson for their hard work to get the services to a point they are more sustainable. Mr. Warren stated the Board is aware of the current situation in the county and that Virginia is a little more blessed than others in terms of the impact of the economy on citizens. 7. DEFERRED ITEMS There were no Deferred Items at this time. 8. NEW BUSINESS 8.A. ADVERTISEMENT OF PROPOSED UTILITY RATES FOR THE PROPOSED FY2010 BUDGET Mr. Carmody stated this item is to request the authorization for advertisement of proposed utility rates for the proposed FY2010 budget and hold a public hearing on changes in the Utilities fees on March 25, 2009. On motion of Mr. Gecker, seconded by Ms. Durfee, the Board authorized advertisement of proposed utility rates and review of additional recommended fee adjustments included in the proposed FY2010 budget and set a public hearing on March 25, 2009, at 6:30 p.m. on changes in the Utilities fees. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 8.B. CONSENT ITEMS On motion of Mr. Warren, seconded by Mr. Gecker, the Board removed Item 8.B.2.a., Award Construction Contract to Shoosmith Construction Incorporated for Construction of the Emergency Vehicle Operations Course and Observation Tower at the Enon Public Safety Training Center, from the Consent Agenda for public comment. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 8.B.1. APPROPRIATION OF JUVENILE ACCOUNTABILITY BLOCK GRANT FUNDS FROM THE DEPARTMENT OF CRIMINAL JUSTICE SERVICES On motion of Mr. Gecker, seconded by Mr. Holland, the Board authorized Human Services Administration to receive $38,267 in Juvenile Accountability Block Grant funds from the Department of Criminal Justice Services and authorized an increase in appropriations by $38,267. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. J J J 09-97 02/25/09 8.B.2. AWARD OF CONSTRUCTION CONTRACTS 8.B.2.b. TO G. V. LAYNE CONTRACTING INCORPORATED FOR CONSTRUCTION OF UNDERGROUND UTILITY INFRASTRUCTURE FOR GAS-FIRED TRAINING PROPS AT THE ENON PUBLIC SAFETY TRAINING CENTER On motion of Mr. Gecker, seconded by Mr. Holland, the Board authorized the County Administrator to execute a construction contract with G. V. Layne Contracting, Inc. in the amount of $123,700 for the construction of underground utility infrastructure for gas-fired training simulation props at the Enon Public Safety Training Center. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 8.B.2.c. TO T.A. SHEETS MECHANICAL CONTRACTORS, INCORPORATED FOR THE FALLING CREEK WASTE WATER TREATMENT PLANT NUTRIENT COMPLIANCE PROJECT u On motion of Mr. Gecker, seconded by Mr. Holland, the Board authorized the County Administrator to execute a construction contract with T.A. Sheets Mechanical Contractors, Inc., in the amount of $19,769,866.56 for the Falling Creek Waste Water Treatment Plant Nutrient Compliance Project and authorized the County Administrator to execute the necessary documents. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 8.B.3. STATE ROAD ACCEPTANCE On motion of Mr. Gecker, seconded by Mr. Holland, 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. 09-98 02/25/09 Project: Little Tomahawk Station Type Change to the Secondary System of State Addition Reason for Change: New subdivision street Pursuant to Code of Virginia X33.1-229 Street Name and/or Route • Wallingham Drive, State Route Number 1057 From: 0.14 miles north of Aldengate Rd., (Rt. 1054) To: Wallingham Loop, (Rt. 7309), a distance of: 0.02 miles. Recordation Reference: Pb. 168, Pg. 64 Right of Way width (feet) = 50 • Wallingham Loop, State Route Number 7309 From: Wallingham Dr., (Rt. 1057) To: Wallingham Dr., (Rt. 1057), a distance of: 0.06 miles. Recordation Reference: Pb. 168, Pg. 64 Right of Way width (feet) = 30.5 • Wallingham Drive, State Route Number 1057 From: Wallingham Loop, (Rt. 7309) To: Wallingham Loop, (Rt. 7309), a distance of: 0.01 miles. Recordation Reference: Pb. 168, Pg. 64 Right of Way width (feet) = 50 • Wallingham Drive, State Route Number 1057 From: Wallingham Loop, (Rt. 7309) To: Little Hawk Dr., (Rt. 7306), a distance of: 0.12 miles. Recordation Reference: Pb. 168, Pg. 64 Right of Way width (feet) = 40 • Little Hawk Place, State Route Number 7308 From: Little Hawk Dr., (Rt. 7308) To: Cul-de-sac, a distance of: 0.09 miles. Recordation Reference: Pb. 168, Pg. 64 Right of Way width (feet) = 40 • Little Hawk Drive, State Route Number 7306 From: Little Hawk P1., (Rt. 7308) To: Cul-de-sac, a distance of: 0.05 miles. Recordation Reference: Pb. 168, Pg. 64 Right of Way width (feet) = 40 • Little Hawk Drive, State Route Number 7306 From: Little Hawk P1., (Rt. 7308) To: Little Hawk Ct,. (Rt. 7307), a distance of: 0.07 miles. Recordation Reference: Pb. 168, Pg. 64 Right of Way width (feet) = 50 • Little Hawk Court, State Route Number 7307 From: Little Hawk Dr., (R. 7306) To: Cul-de-sac, a distance of: 0.05 miles. Recordation Reference: Pb. 168, Pg. 64 Right of Way width (feet) = 40 • Little Hawk Drive, State Route Number 7306 From: Little Hawk Ct., (Rt. 7307) To: Otterdale Rd,. (Rt. 667), a distance of: 0.10 miles. Recordation Reference: Pb. 168, Pg. 64 Right of Way width (feet) = 50 J J J 09-99 02/25/09 And, further, the Board adopted the following resolution: WHEREAS, the streets described below are shown on plats recorded in the Clerk's Office of the Circuit Court of Chesterfield County; and WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised this Board the streets meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation. NOW, THEREFORE, BE IT RESOLVED, that this Board requests the Virginia Department of Transportation to add the streets described below to the secondary system of state highways, pursuant to Section 33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements. AND, BE IT FURTHER RESOLVED, that this Board guarantees a clear and unrestricted right-of-way, as described, and any necessary easements for cuts, fills and drainage. AND, BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. Project: Tarriagton Sectioa 6 Type Change to the Secondary System of State Reason for Change: New subdivision street Pursuant to Code of Virginia §33.1-229 Street Name and/or Route • Edmonton Drive, State Route Number 7364 From: Ashwell Dr., (Rt. 5843) To: Welby Dr., (Rt. 7102), a distance of: 0.15 miles. Recordation Reference: Pb 162 Pg 33 Right of Way width (feet) = 60 • Welby Drive, State Route Number 7102 From: Edmonton Dr., (Rt. 7364) To: Temp EOM, a distance of: 0.05 miles. Recordation Reference: Pb 162 Pg 33 Right of way width (feet) = 60 Addition • Edmonton Drive, State Route Number 7364 From: Welby Dr., (Rt. 7102) To: Ellerton Dr., (Rt. 7365), a distance of: 0.13 miles. Recordation Reference: Pb 162 Pg 33 Right of Way width (feet) = 44 • Ellerton Drive, State Route Number 7365 From: Edmonton Dr., (Rt. 7364) To: Cul-de-sac, a distance of: 0.04 miles. Recordation Reference: Pb 162 Pg 33 Right of Way width (feet) = 40 • Ellerton Drive, State Route Number 7365 From: Edmonton Dr., (Rt. 7364) To: Ellerton Ct., (Rt. 7366), a distance of: 0.07 miles. Recordation Reference: Pb 162 Pg 33 09-100 02/25/09 Right of Way width (feet) = 40 • Ellertoa Court, State Route Number 7366 From: Ellerton Dr., (Rt. 7365) To: Cul-de-sac, a distance of: 0.06 miles. Recordation Reference: Pb 162 Pg 33 Right of Way width (feet) = 40 • Ellerton Drive, State Route Number 7365 From: Ellerton Ct., (Rt. 7366) To: Ellerton Tr., (Rt. 7367), a distance of: 0.11 miles. Recordation Reference: Pb 162 Pg 33 Right of Way width (feet) = 40 • Ellertoa Terrace, State Route Number 7367 From: Ellerton Dr., (Rt. 7365) To: Cul-de-sac, a distance of: 0.06 miles. Recordation Reference: Pb 162 Pg 33 Right of Way width (feet) = 40 • Ellertoa Terrace, State Route Number 7367 From: Ellerton Dr., (Rt. 7365) To: Cul-de-sac, a distance of: 0.05 miles. Recordation Reference: Pb 162 Pg 33 Right of Way width (feet) = 40 Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 8.B.4. REQUESTS TO QUITCLAIM 8.B.4.a. A TWENTY-FIVE FOOT STORM WATER MANAGEMENT/BEST MANAGEMENT PRACTICE ACCESS EASEMENT ACROSS THE PROPERTY OF FRIDLEYS WELDING SERVICE, INCORPORATED On motion of Mr. Gecker, seconded by Mr. Holland, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute a quitclaim deed to vacate a 25-foot SWM/BMP access easement across the property of Fridleys Welding Services, Incorporated. (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.4.b. A SIXTEEN-FOOT DRAINAGE AND UTILITY EASEMENT ACROSS THE PROPERTY OF VIRIDIS DEVELOPMENT CORPORATION On motion of Mr. Gecker, seconded by Mr. Holland, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute a quitclaim deed to vacation a 16-foot drainage and utility easement across the property of Viridis Development Corporation. (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.5. ACCEPTANCE OF PARCELS OF LAND J J J 09-101 02/25/09 8.B.5.a. ALONG JEFFERSON DAVIS HIGHWAY AND TAW STREET FROM FRIDLEYS WELDING SERVICE, INCORPORATED ^+~ On motion of Mr. Gecker, seconded by Mr. Holland, the Board accepted the conveyance of six parcels of land containing a total of 0.087 acres along Jefferson Davis Highway and Taw Street from Fridleys Welding Service, Incorporated 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.5.b. ALONG GENITO ROAD FROM LINWOOD SMITH, JACOB LEE SMITH, MARGIE SMITH MILLER AND CLARENCE E. SMITH On motion of Mr. Gecker, seconded by Mr. Holland, the Board accepted the conveyance of a parcel of land containing 0.023 acres along Genito Road from Linwood Smith, Jacob Lee Smith, Margie Smith Miller and Clarence E. Smith, 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.6. CONVEYANCE OF EASEMENT TO VIRGINIA ELECTRIC AND POWER COMPANY FOR THE RELOCATION OF A POLE ONTO THE U HARROWGATE ELEMENTARY SCHOOL PROPERTY AS PART OF THE HARROWGATE ROAD WIDENING PROJECT On motion of Mr. Gecker, seconded by Mr. Holland, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute an easement agreement with Virginia Electric and Power Company for the relocation of a pole onto the Harrowgate Elementary School Property as part of the Harrowgate Road Widening Project . ('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.7. REQUESTS FOR PERMISSION 8.B.7.a. FROM RATHERMAN INVESTMENTS, INCORPORATED TO INSTALL A PRIVATE SEWER SERVICE WITHIN A PRIVATE EASEMENT TO SERVE PROPERTY ON POLO PLACE On motion of Mr. Gecker, seconded by Mr. Holland, the Board approved the request for permission from Katherman Investments, Inc. to install a private sewer service within a private easement and authorized the County Administrator to execute the sewer connection agreement. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 09-102 02/25/09 8.B.7.b. FROM PMF, L.L.C. FOR THREE FOUNTAINS TO ENCROACH WITHIN A VARIABLE WIDTH STORM WATER MANAGEMENT/BEST MANAGEMENT PRACTICE EASEMENT ACROSS OPEN SPACE D AND E IN THE SANCTUARY AT WATERMILL, SECTION A On motion of Mr. Gecker, seconded by Mr. Holland, the Board approved the request for permission from PMF, L.L.C. for three fountains to encroach within a variable width SWM/BMP easement across Open Space D and E in The Sanctuary At Watermill, Section A, subject to the execution of a license agreement. (It is noted copies of the plat are filed with the papers of this Board.) Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 8.B.8. SET DATE FOR PUBLIC HEARING TO CONSIDER THE RESTRICTION OF THROUGH TRUCK TRAFFIC ON RUFFIN MILL ROAD FROM ASHTON PARK DRIVE TO RAMBLEWOOD ROAD On motion of Mr. Gecker, seconded by Mr. Holland, the Board set the public hearing date of March 11, 2009, at 6:30 p.m. to consider the restriction of through truck traffic on Ruffin Mill Road from Ashton Park Drive to Ramblewood Road. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 8.B.9. REQUEST FOR A PERMIT TO STAGE A FIREWORKS DISPLAY AT THE SUNDAY PARR PENINSULA OF BRANDERMILL ON JULY 4, 2009 On motion of Mr. Gecker, seconded by Mr. Holland, the Board approved a permit to stage a fireworks display at the Sunday Park Peninsula of Brandermill on July 4, 2009, with a rain date of July 5, 2009. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 8.B.10. AMENDMENT TO RISK MANAGEMENT PLAN REGARDING COVERAGE FOR PUNITIVE DAMAGES On motion of Mr. Gecker, seconded by Mr. Holland, the Board adopted an amendment to the Risk Management Plan regarding coverage for punitive damages. (It is noted a copy of the Risk Management Plan Amendment is filed with the papers of this Board.) Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. J J J 09-103 02/25/09 The following item was pulled from the Consent Agenda for public comment: 8.B.2.a. TO SHOOSMITH CONSTRUCTION INCORPORATED FOR CONSTRUCTION OF THE EMERGENCY VEHICLE OPERATIONS COURSE AND OBSERVATION TOWER AT THE ENON PUBLIC SAFETY TRAINING CENTER C u C Ms. Jessica Sears, widow of Colonial Heights Police Officer James Sears, who was fatally injured during a police chase, urged the Board to approve the contract for the Emergency Vehicle Operations Course. She stated the police officers need the best training if they are going to be engaged in high speed situations. Ms. Jaeckle inquired whether the training course was a regional initiative. Mr. Holland expressed appreciation to -Ms. Sears for her comments. Ms. Durfee expressed appreciation to Ms. Sears for her comments. She stated it is .critical to make public safety a priority and to support projects like this one. Mr. Warren stated Chief Senter has agreed to look into regional cooperation with other localities. On motion of Mr. Gecker, seconded by Mr. Holland, the Board authorized the County Administrator to execute a construction contract with Shoosmith Construction, Inc. in the amount of $3,767,000 for the construction of the emergency vehicle operations course at the Enon Public Safety Training Center. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 9. REPORTS 9.A. REPORT ON STATUS OF GENERAL FUND BALANCE, RESERVE FOR FUTURE CAPITAL PROJECTS, DISTRICT IMPROVEMENT FUNDS AND LEASE PURCHASES B. REPORT ON ROADS ACCEPTED INTO THE STATE SECONDARY SYSTEM On motion of Mr. Holland, seconded by Ms. Durfee, the Board accepted the following reports: a Report of Status of General Fund Balance, Reserve for Future Capital Projects, District Improvements Funds, and Lease Purchases and a Report on Roads Accepted into the-State Secondary System. And, further, the following roads were accepted into the State Secondary System: ADDITION BAYHILL POINTE 17 (Effective 01/22/2009) Bailey Oak Drive (Route 5953) - From Bailey Oak Place (Route 7302) to cul-de-sac 09-104 LENGTH 0.06 Mi. 02/25/09 Bailey Oak Drive (Route 5953) - From 0.03 mile south of Bailey Oak Court (Route 5954) to Bailey Oak Place (Route 7302) 0.05 Mi. Bailey Oak Place (Route 7302) - From Bailey Oak Drive (Route 5953) to cul-de-sac 0.05 Mi. BAYHILL POINTE 18 (Effective 01/26/2009) Penny Bridge Court (Route 7301) - From Penny Bridge Drive (Route 5115) to cul-de-sac 0.10 Mi. Penny Bridge Drive (Route 5115) - From Penny Bridge Mews (Route 7300) to 0.06 mile east of Penny Bridge Mews (Route 7300) 0.06 Mi. Penny Bridge Drive (Route 5115) - From 0.02 mile east of Buffalo Springs Drive (Route 5109) to Penny Bridge Mews (Route 7300) 0.07 Mi. Penny Bridge Mews (Route 7300) - From Penny Bridge Drive (Route 5115) to cul-de-sac 0.04 Mi. CENTRE STREET (Effective 01/15/2009) ABANDONMENT Centre Street (Link A-B-C) (Route 1513) - From West Hundred Road (Route 10)(Point A) to 0.15 mile west of West Hundred Road (Route 10)(Point C) -0.14 Mi. ADDITION Centre Street (Link A-B-D)(Route 1513) - From West Hundred Road (Route 10)(Point A) to 0.04 mile south of Fountain Square Plaza (Point D) 0.14 Mi. FOX CREEK CROSSING PHASE 2 (Effective 01/30/2009) Foxcreek Crossing (Route 7297) - From 0.27 mile south of Woolridge Road (Route 668) to Walkers Chase (Route 7317) 0.16 Mi. Foxcreek Crossing (Route 7297) - From Foxcreek Forest Drive (Route 7320) to 0.03 mile south of Foxcreek Forest Drive (Route 7320) 0.03 Mi. Foxcreek Crossing (Route 7297) - From 0.03 mile south of Foxcreek Forest Drive (Route 7320) to temporary end of maintenance 0.10 Mi Foxcreek Crossing (Route 7297) - From Hancock Quarter Lane (Route 7318) to 0.18 mile south of Hancock Quarter Lane (Route 7318) 0.18 Mi. Foxcreek Crossing (Route 7297) - From 0.18 mile south of Hancock Quarter Lane (Route 7318) to Foxcreek Forest Drive (Route 7320) 0.03 Mi. J J J 09-105 02/25/09 Foxcreek Forest Drive (Route 7320) - From Foxcreek Crossing (Route 7297) to temporary end of maintenance 0.01 Mi. ~!J U Hancock Quarter Lane (Route 7318) - From Foxcreek Crossing (Route 7297) to temporary end of maintenance 0.01 Mi. Primrose Tarry Drive (Route 7319) - From Foxcreek Crossing (Route 7297) to temporary end of maintenance 0.01 Mi. Walkers Chase (Route 7317) - From Foxcreek Crossing (Route 7317) to temporary end of maintenance 0.01 Mi. WALKERS CHASE SECTION 1 (Effective 01/30/2009) Heathcliff Court (Route 7322) - From Lilting Branch Way (Route 7321) to cul-de-sac 0.02 Mi. Lilting Branch Way (Route 7321) - From Heathcliff Court (Route 7322) to Red Setter Lane (Route 7323) 0.10 Mi. Lilting Branch Way (Route 7321) - From Walkers Chase (Route 7317) to cul-de-sac 0.09 Mi. Lilting Branch Way (Route 7321) - From Walkers Chase (Route 7317) to Heathcliff Court (Route 7322) 0.07 Mi. Red Setter Lane (Route 7323) - From Lilting Branch Way (Route 7321) to temporary end of maintenance 0.03 Mi. Red Setter Lane (Route 7323) - From Lilting Branch Way (Route 7321) to temporary end of maintenance 0.04 Mi. Walkers Chase (Route 7317) - From Lilting Branch Way (Route 7321) to cul-de-sac 0.04 Mi. Walkers Chase (Route 7317) - From 0.03 mile east of Foxcreek Crossing (Route 7297) to 0.06 mile east of Foxcreek Crossing (Route 7297) 0.03 Mi. Walkers Chase (Route 7317) - From 0.01 mile east of Foxcreek Crossing (Route 7297) to 0.03 mile east of Foxcreek Crossing (Route 7297) 0.02 Mi. WELLINGTON FARMS, E (Effective 01/30/2009) Chippoke Court (Route 7331) - From Chippoke Road (Route 7329) to cul-de-sac 0.04 Mi. Chippoke Place (Route 7330) - From Chippoke Road (Route 7329) to cul-de-sac 0.15 Mi. Chippoke Road (Route 7329) - From Chippoke Place (Route 7330) to Chippoke Court (Route 7331) 0.08 Mi. 09-106 02/25/09 Chippoke Road (Route 7329) - From Chippoke Court (Route 7331) to cul-de-sac 0.23 Mi. Chippoke Road (Route 7329) - From Wellington Cross Way (Route 7328) to Chippoke Place (Route 7330) 0.08 Mi. Chippoke Road (Route 7329) - From Wellington Cross Way (Route 7328) to temporary end of maintenance 0.01 Mi. Wellington Cross Way (Route 7328) - From Chippoke Road (Route 7329) to temporary end of maintenance 0.01 Mi. Wellington Cross Way (Route 7328) - From Wellington Farms Drive (Route 5352) to Chippoke Road (Route 7329) 0.09 Mi. WINTERFIELD STATION 2 (Effective 01/15/2009) Rigney Drive (Route 7269) - From 0.06 mile east of West Winterfield Road (Route 7268) to cul-de-sac 0.10 Mi. WOODS AT SUMMERFORD D (Effective 01/08/2009) Lady Anne Lane (Route 7305) - From Orchid Drive (Route 5837) to Prince James Drive (Route 5833) 0.08 Mi. Lady Anne Lane (Route 7305) - From Prince James Drive (Route 5833) to temporary end of maintenance 0.01 Mi. Prince James Drive (Route 5833) - From Prince James Turn (Route 7303) to Prince James Mews (Route 7304) 0.04 Mi. Prince James Drive (Route 5833) - From 0.03 mile east of Prince James Terrace (Route 5836) to Prince James Turn (Route 7303) 0.03 Mi. Prince James Drive (Route 5833) - From Prince James Mews (Route 7304) to Lady Anne Lane (Route 7305) 0.11 Mi. Prince James Drive (Route 5833) - From Lady Anne Lane (Route 7305) to cul-de-sac 0.09 Mi. Prince James Mews (Route 7304) - From Prince James Drive (Route 5833) to cul-de-sac 0.04 Mi. Prince James Turn (Route 7303) - From Prince James Drive (Route 5833) to cul-de-sac 0.05 Mi. WOODS AT SUMMERFORD E (Effective 01/13/2009) Lady Anne Lane (Route 7305) - From 0.01 mile east of Prince James Drive (Route 5833) to Sir Britton Drive (Route 7313) 0.05 Mi. Sir Britton Court (Route 7314) - From Sir Britton Drive (Route 7313) to cul-de-sac 0.10 Mi. J J J 09-107 02/25/09 ^i Sir Britton Drive (Route 7313) - From Lady Anne Lane (Route 7305) to cul-de-sac Sir Britton Drive (Route 7313) - From Lady Anne Lane (Route 7305) to Sir Britton Court (Route 7314) Sir Britton Drive (Route 7313) - From Sir Britton Court (Route 7314) to Sir Britton Mews (Route 7315) Sir Britton Drive (Route 7313) - From Sir Britton Mews (Route 7315) to cul-de-sac Sir Britton Mews (Route 7315) - From Sir Britton Drive (Route 7313) to cul-de-sac Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 0.03 Mi. 0.11 Mi. 0.14 Mi. 0.03 Mi. 0.02 Mi. 10. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED MATTERS ~J u There were no speakers at this time. 10.A. CLOSED SESSION PURSUANT TO SECTION 2.2-3711(A)(7), CODE OF VIRGINIA, 1950, AS AMENDED, FOR CONSULTATION WITH LEGAL COUNSEL REGARDING SPECIFIC LEGAL MATTERS REQUIRING THE PROVISION OF LEGAL ADVICE WITH RESPECT TO THE APPLICATION OF "GUIDANCE" BY THE CHESAPEAKE BAY LOCAL ASSISTANCE BOARD ON THE CHESAPEAKE BAY PRESERVATION ACT On motion of Ms. Durfee, seconded by Mr. Holland, the Board went into Closed Session Pursuant to Section 2.2-3711(A)(7), Code of Virginia, 1950, as amended, for consultation with legal counsel regarding specific legal matters requiring the provision of legal advice with respect to the application of "guidance" by The Chesapeake Bay Local Assistance Board on the Chesapeake Bay Preservation Act. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. 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 provides for certification that such Closed Session was conducted in conformity with law. NOW, THEREFORE BE IT RESOLVED, the Board of Supervisors does hereby certify that to the best of each member's knowledge, i) only public business matters lawfully exempted from open meeting requirements under the Freedom of Information Act were discussed in the Closed Session to which 09-108 02/25/09 this certification applies, and ii) only such public business matters as were identified in the Motion by which the Closed Session was convened were heard, discussed, or considered by the Board. No member dissents from this certification. The Board being polled, the vote was as follows: Ms. Jaeckle: Aye. Mr. Gecker: Aye. Mr. Warren: Aye. Ms. Durfee: Aye. Mr. Holland: Aye. 11. DINNER On motion of Ms. Durfee, seconded by Mr. Holland, the Board recessed to the Lane B. Ramsey Administration Building, Room 502, for dinner with the Social Services Board. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 12. INVOCATION Deputy County Administrator William Johnson gave the invocation. 13. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Ms. Stephanie Faulkner, Gold Award Recipient, led the Pledge of Allegiance to the Flag of the United States of America. 14. RESOLUTIONS 14.A. RECOGNIZING MS. SARAH CATHERINE LILLY, NORTH CHESTERFIELD'S JUNIOR MISS 2009 AND MS. EMILY CHRISTINE BLAKE, EAST CHESTERFIELD'S JUNIOR MISS 2009 Mr. Kappel introduced Ms. Sarah Catherine Lilly, North Chesterfield's Junior Miss 2009 and Ms. Emily Christine Blake, East Chesterfield's Junior Miss 2009, who were present to receive their resolutions. On motion of Mr. Holland, seconded by Ms. Durfee, the Board adopted the following resolution: WHEREAS, the Junior Miss Scholarship Program provides college scholarships to outstanding young women; and WHEREAS, while in high school, these young women must have excelled in academics; been active in extracurricular activities that serve the community; must have strived to be physically fit; and must have developed a performing talent; and WHEREAS, the Capital Region's Junior Miss Scholarship Program was held at Cosby High School on Sunday, September 21, 2008; and J J J 09-109 02/25/09 WHEREAS, Ms. Sarah Catherine Lilly, of Cosby High School, has been named North Chesterfield's Junior Miss; and C+~ WHEREAS, Ms. Lilly earned a $1,500 scholarship for being selected as North Chesterfield's Junior Miss, plus an additional $600 for placing in the top two among the contestants in Scholastic Talent and Self-Expression; and WHEREAS, Ms. Lilly also was 1st Runner Up and Scholastic Runner Up in Virginia's Junior Miss Program; and WHEREAS, among her many high school accomplishments, Ms. Lilly was president of the National Beta Club, a member of the National Honor Society, Treasurer of the Mu Alpha Theta Honor Society, was a Gold-rating state-level violin soloist, ranked second in her class, and had perfect attendance in grades 9 through 11, among many other achievements; and WHEREAS, Ms. Lilly volunteered at the Brandermill Woods Retirement .facility, mentored violin at Maymont and Swift Creek Middle schools, organized shipments of school supplies to Iraqi children, and provided other volunteer service in her community; and WHEREAS, Ms. Lilly's goal is to attend William and Mary, Virginia Tech, James Madison University or the University of Virginia, with special interest in English/Math and Secondary Education; and WHEREAS, Ms. Lilly is an outstanding representative of Chesterfield County youth. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 25th day of February 2009, publicly recognizes the exemplary achievements of Ms. Sarah Catherine Lilly, wishes her continued success in her academic pursuits, and is proud to have her represent Chesterfield County public schools as she continues with her higher education. AND, BE IT FURTHER RESOLVED that a copy of this resolution be presented to Ms. Lilly and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. And, further, the Board adopted the following resolution: WHEREAS, the Junior Miss Scholarship Program provides college scholarships to outstanding young women; and WHEREAS, while in high school, these young women must have excelled in academics; been active in extracurricular activities that serve the community; must have strived to be physically fit; and must have developed a performing talent; and WHEREAS, the Capital Region's Junior Miss Scholarship Program was held at Cosby High School on Sunday, September 21, 2008; and WHEREAS, Ms. Emily Christine Blake, of Cosby High School, has been named East Chesterfield's Junior Miss; and 09-110 02/25/09 WHEREAS, Ms. Blake earned a $1,500 scholarship for being selected as East Chesterfield's Junior Miss, plus an additional $200 for placing in the top two among the contestants in interview; and WHEREAS, Ms. Blake also was the Spirit of Junior Miss winner, fitness runner up and self-expression runner up in Virginia's Junior Miss Program; and WHEREAS, among her many high school accomplishments, Ms. Blake was SCA vice president, was a National Honor Society member, was chosen to attend the National Youth Leadership Conference, was a Girl Scout Gold Award recipient, served as dance captain of Cosby High School's. Mixed Show Choir, was a member of the Beta Club and earned the Chesterfield County Community Service Award, among many other achievements; and WHEREAS, Ms. Blake volunteered her time in her community in the James River Annual Cleanup, volunteered at Clover Hill Elementary School, collected items for a battered women's shelter, and performed ongoing church work-camp assistance, among other activities; and WHEREAS, Ms. Blake's goal is to attend William and Mary,. where she .accepted an early admittance decision, and to pursue a career in child/criminal psychology; and WHEREAS, Ms. Blake is an outstanding representative of Chesterfield County's young residents. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 25th day of February 2009, publicly recognizes the exemplary achievements of Ms. Emily Christine Blake, wishes her continued success in her academic pursuits, and is proud to have her represent Chesterfield County public schools as she continues with her higher education. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. Ms. Durfee presented the executed resolutions to Ms. Lilly and Ms. Blake, and congratulated them on their achievements. Ms. Lilly and Ms. Blake expressed appreciation for the recognition. 14.B. RECOGNIZING GIRL SCOUTS UPON ATTAINING THE GOLD AWARD 14.B.1. MS. EMILY CHRISTINE BLAKE, MATOACA DISTRICT 14.B.2. MS. STEPHANIE ELIZABETH FAULKNER, MATOACA DISTRICT Mr. Kappel introduced Ms. Emily Christine Blake and Ms. Stephanie Elizabeth Faulkner, who were present to receive their resolutions. On motion of Mr. Holland, seconded by Ms. Durfee, the Board adopted the following resolution: WHEREAS, the Girl Scouts of the United States of America is an organization serving over 2.7 million girls, which was J J J 09-111 02/25/09 founded by Juliette Gordon Low in 1912 to promote citizenship training and personal development; and ^! WHEREAS, the Gold Award is the highest achievement award in Girl Scouting and symbolizes outstanding accomplishments in the areas of leadership, community service, career planning, and personal development; and WHEREAS, the Girl Scout Gold Award can only be earned by girls aged 14-18 or in grades 9-12 and is received by less than six percent of those individuals entering the Girl Scouting movement; and WHEREAS, after earning three interest project patches, earning the Girl Scout Gold Leadership Award, the Girl Scout Gold Career Award, and the Girl Scout Gold 4Bs Challenge Award, and designing and implementing a Girl Scout Gold Award project, Ms. Emily Christine Blake and Ms. Stephanie Elizabeth Faulkner, both of Troop 767, have accomplished these high standards and have been honored with the Girl Scouts of America Gold Award by the Girl Scout Commonwealth Council of Virginia, Incorporated; and WHEREAS, growing through their experiences in Girl Scouting, learning the lessons of responsible citizenship, and priding themselves on the great accomplishments of their country, Emily and Stephanie are indeed 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 25th day of February 2009, publicly recognizes Ms. Emily Christine Blake and Ms. Stephanie Elizabeth Faulkner, extends congratulations on their attainment of the Gold Award and acknowledges the good fortune of the county to have such outstanding young women as its citizens. Ayes: .Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. Ms. Durfee presented the executed resolutions and badges to Ms. Blake and Ms. Faulkner and congratulated them on their accomplishments. Ms. Blake and Ms. Faulkner presented details of their Gold Award projects and expressed appreciation to their parents for their support. 15. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED MATTERS Mr. John Remmers addressed the Board regarding the possible closure of the temporary satellite location of a Police Station along the Hull Street Corridor. Mr. Michael Corson addressed the Board relative to the School Board's budget. He suggested establishing an additional fee for parents to help retain the teachers in Chesterfield County. 09-112 02/25/09 16. 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 18 08SN0105 In Clover Hill Magisterial District, STYLECRAFT HOMES DEVELOPMENT CORP. requests rezoning and amendment of zoning district map from Neighborhood Business (C-2) and Community Business (C-3) to Community Business (C-3) with Conditional Use to permit multifamily and townhouse uses on 15.5 acres plus Conditional Use Planned Development to permit exceptions to Ordinance requirements on the entire 20.6 acres fronting approximately 740 feet on the south line of Midlothian Turnpike approximately 150 feet west of Tuxford Road. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for general commercial and light industrial uses. Tax ID 751-706-3789. Mr. Turner presented a summary of Case 08SN0105 and indicated the applicant is requesting the Board remand the request to the Planning Commission. Mr. Warren stated there was not support for the remand request on the Board. Mr. Turner stated if there was not support for the remand request, the applicant would withdraw the request. Mr. Larry Horton, the applicant's representative, withdrew Case 08SN0105. nocun~~~ In Bermuda Magisterial District, EDWARD AND GAYE MADISON request renewal of Manufactured Home Permit 02SR0104 and amendment of zoning district map to permit a temporary manufactured home in a Residential (R-7) District on 0.5 acre known as 7811 Pioneer Street. The density of such amendment is approximately 2 units per acre. The Comprehensive Plan suggests the property is appropriate for residential use of 2.51 - 4.0 units per acre. Tax ID 789-677-2015. Mr. Turner presented a summary of Case 09SN0155 and indicated staff recommended approval subject to the conditions. Ms. Gaye Madison, the applicant, accepted the staff's recommendation. Mr. Warren called for public comment. There being no one to address this request, the public hearing was closed. On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board approved Case 09SN0155 subject to the following conditions: J J J 09-113 02/25/09 1. The applicants shall be the owners and occupants of the manufactured home. (P) 2. 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, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 09SN0120 In Matoaca Magisterial District, DWAL DEVELOPMENT requests rezoning and amendment of zoning district map from Agricultural (A) to Residential (R-88) on 2.9 acres fronting approximately 150 feet on the west line of Rowlett Road approximately 410 feet north of Baretta Lane. Residential use of up to 0.50 units per acre is permitted in a Residential (R-88) District. The Comprehensive Plan suggests the property is appropriate for residential use of 1-5 acre lots; suited to R-88 zoning. Tax ID 760-629-3608. Mr. Turner presented a summary of Case 09SN0120 and indicated the Planning Commission recommended approval and acceptance of the proffered conditions. Ms. Kristen Keatley, the applicant's representative, accepted the recommendation. 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 Case 09SN0120 and accepted the following proffered conditions: 1. There shall not be any residential units permitted on such property. (P) 2. Tree Preservation and Entrance Landscaping Areas shall be as shown on the plan prepared by Balzer and Associates, Inc., last revised 12-05-08 (Exhibit A). All such areas shall be located in common open space and in accordance with the following requirements: A. Tree Preservation Areas. A fifteen (15) foot tree preservation strip, exclusive of setbacks, shall be maintained around the perimeter of the property except where adjacent to Tax ID 758-628-6726. An additional tree preservation area shall be maintained in that area shown on Exhibit A noted as "Tree Preservation Area". Utility easements and public roads shall be permitted to cross these areas in a perpendicular fashion. Any healthy trees that are six (6) inches in caliper or greater shall 09-114 02/25/09 be retained within these areas except where removal is necessary to accommodate the improvements permitted herein. This condition shall not preclude the removal of vegetation from the tree preservation area that is unhealthy, dying or diseased. Any cleared areas of 100 square feet or greater shall be planted with species which will minimize the impact of the Subdivision road on adjacent properties. The exact design and species shall be approved by the Planning Department at time of Subdivision construction plan review provided, however; that adjacent to Tax ID 760-629- 5200 a row of evergreen trees shall be planted so as to provide a visual separation and screen of vehicular traffic on the Subdivision street from the adjacent parcel. The evergreen trees shall be a minimum of five (5) feet in height at time of planting. If the adjacent property owner of Tax ID 760-629-5200 desires drainage improvements within the tree preservation strip, tree retention and/or additional plantings in that area necessary to accommodate the drainage improvements shall not be required. B. Entrance Landscaping Area. Entrance landscaping shall be provided in the area shown on Exhibit A noted as "Entrance Landscaping Area". Both sides of the Subdivision street shall be landscaped within twenty (20) feet of the edge of pavement for a distance approximately 200 feet from Rowlett Road. The landscaping. shall be installed and/or bonded for prior to recordation of any lots. At a minimum, the "Entrance Landscaping" shall include large deciduous trees having a minimum caliper of two and one half inches at time of planting, spaced an average of fifty (50) feet on center and evergreen trees having a minimum height of five (5) feet at time of planting spaced an average of fifteen (15) feet on center. (P) 3. Except for timbering approved by the Virginia State Department of Forestry for the purpose of removing dead or diseased trees, there shall be no timbering on the Property until a land disturbance permit has been obtained from the Environmental Engineering Department and the approved devices installed. (EE) 4. To provide for future looping of the public water system and facilitate future development, extension of an eight (8) inch water line from the terminus of the line in Whispering Winds Subdivision through to the right-of-way of Rowlett Road with a pipe sized to the requirements of the Water and Wastewater Facilities Plan. (U) 5. Direct vehicular access from the property to Rowlett Road shall be limited to one (1) public road. The exact location of this access shall be approved by the Transportation Department. (T) 6. Prior to recordation of the initial subdivision plat, or within sixty (60) days of a written request by the Transportation Department, whichever occurs first, thirty-five (35) feet of right-of-way on the west side of Rowlett Road, measured from the centerline of that J J J 09-115 02/25/09 part of Rowlett Road immediately adjacent to the property, shall be dedicated, free and unrestricted, to and for the benefit of Chesterfield County. (T) 0 0 C 7. To provide an adequate roadway system with initial development, the developer shall be responsible for relocation of the ditch to provide an adequate shoulder along the west side of Rowlett Road for the entire property frontage along Rowlett Road. The developer shall dedicate to Chesterfield County, free and unrestricted, any additional right-of-way (or easements) required for this improvement. (T) 8. The existing small suppressed man made pond located on the subject property shall be filled. (EE) Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 09SN0136 In Bermuda Magisterial District, EOR, LLC requests rezoning and amendment of zoning district map from Agricultural (A) to General Industrial (I-2) on 5.3 acres lying approximately 900 feet south of the Carver Heights Drive and South Chalkley Road intersection. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for residential use of 1-5 acre lots; suited to R-88 zoning. Tax IDs 779-650-4856 and 5029. Mr. Turner presented a summary of Case 09SN0136 and indicated the Planning Commission recommended approval. Mr. Jack Wilson, the applicant's representative, accepted the recommendation. Mr. Warren called for public comment. There being no one to address the request, the public hearing was closed. On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board approved Case 09SN0136. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 09SN0138 In Midlothian Magisterial District, DREAMLAND PROPERTIES, LLC requests rezoning and amendment of zoning district map from Agricultural (A) to Corporate Office (O-2) on 1 acre known as 1601 Huguenot Road. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for regional mixed use. Tax ID 739-712-7320. Mr. Turner presented a summary of Case 09SN0138 and indicated the Planning Commission recommended approval and acceptance of the proffered conditions. 09-116 02/25/09 Mr. Brian Spittle, the applicant's representative, accepted the recommendation. Mr. Warren called for public comment. There being no one to address the request, the public hearing was closed. On motion of Mr. Gecker, seconded by Mr. Holland, the Board approved Case 09SN0138 and accepted the following proffered conditions: 1. Any new building shall have a colonial architectural style compatible with the colonial architectural style that predominates along the Huguenot Road corridor. The exact architectural style and materials shall be approved at the time of site plan review. (P) 2. If direct vehicular access is prove Road, prior to the issuance of permits, additional pavement shall along Huguenot Road to provide an turn lane, as determined by the Department, at the approved access. ded to Huguenot any occupancy be constructed adequate right Transportation (T) Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 095N0142 In Dale Magisterial District, AMINA MZARI & FAOUZI HANAFI request Conditional Use and amendment of zoning district map to permit a family daycare home in a Residential (R-9) District on .7 acre known as 8425 Sherwood Forest Drive. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for residential use of 2.51-4.0 dwelling units per acre. Tax ID 785-672-4798. Mr. Turner presented a summary of Case 09SN0142 and indicated the Planning Commission recommended approval subject to the conditions. Mr. Hanafi and Ms. Mzari stated the recommendation was acceptable. Mr. Warren called for public comment. There being no one to address the request, the public hearing was closed. On motion of Mr. Holland, seconded by Ms. Durfee, the Board approved Case 09SN0142 subject to the following conditions: 1. This Conditional Use shall be granted to and for, Amina Mzari and Faouzi Hanafi, exclusively, and shall not be transferable nor run with the land. (P) 2. There shall be no exterior additions or alterations to the existing structure to accommodate this use. (P) J J J 09-117 02/25/09 3. There shall be no signs permitted to identify this use. (P) Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 09SN0143 In Bermuda Magisterial District, AERC RIVER FOREST, LLC AND AERC VIRGINIA DEVELOPMENT COMPANY, LLC request amendment to Conditional Use Planned Development (Cases 89SN0110 and 07SN0299) and amendment of zoning district map relative to density in Residential Townhouse (R-TH) and Multifamily Residential (R-MF) Districts on 33.3 acres fronting approximately 870 feet on the south line of Branders Creek Drive approximately 700 feet south of Iron Bridge Road. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for mixed use corridor and community mixed use uses. Tax IDs 777-651-0396 and 777- 652-6715. Mr. Turner presented a summary of Case 09SN0143 and indicated the Planning Commission recommended approval and acceptance of the proffered conditions. Mr. John Easter, the applicant's representative, stated the Planning Commission's recommendation was acceptable. Mr. Warren called for public comment. There being no one to address this request, the public hearing was closed. On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board approved Case 09SN0143 and accepted the following proffered conditions: The applicants in this amendment to the conditions of zoning Case 89SN0110 and Case 07SN0299, pursuant to Section 15.2- 2298 of the Code of Virginia (1950) (as amended) and the Zoning Ordinance of Chesterfield County, for themselves and their successors or assigns (the "applicant"), proffer that the property under consideration (the "property") will be developed according to the following proffers if, and only if, the rezoning request submitted herewith- is granted with only those conditions agreed to by the applicant. In the event this request is denied or approved with conditions not agreed to by the applicant, the proffers shall immediately be null and void and of no further force or effect: 1. Maximum Number of Units. The maximum number of dwelling units permitted on the Property shall not exceed 300. (P) (Note: This condition supersedes Proffered Condition 7 of Case 89SN0110 relative to limitation on number of dwelling units affecting Tax ID 777-652-6715, and Textual Statement Item 2 of Case 07SN0299 relative to adherence to Residential Multifamily (R-MF) densities 09-118 02/25/09 under the Zoning Ordinance affecting Tax ID 777-651- 0396 . ) 2. Transportation Improvements. Prior to the earlier of (a) issuance of a building permit for any dwelling unit on the Property beyond a cumulative total of 240 units or (b) recordation of the initial subdivision plat establishing lots within the Townhouse Property subject to Case 07SN0299, the developer shall pay $170,000 to Chesterfield County to be applied to the cost to construct an extension of or improvements to Carver Heights Drive, or for other road improvements within the Property' s traffic shed as defined in the County' s cash proffer policy. (T) (Note: This condition supersedes Proffered Condition 4 of Case 89SN0110, Proffered Condition 3 of Case 07SN0299, and Proffered Condition 3 of Case 06SN0196, as they relate to transportation improvements required in connection with development of the Property.) 3. Cash Proffer. specified in subdivider, o the County improvements Property: In addition to the transportation payment Proffered Condition 2, the applicant, r assignee(s) shall pay the following to of Chesterfield for infrastructure within the service district for the a. Prior to the issuance of a building permit for each dwelling unit, the applicant, subdivider, or assignee(s) shall pay to the County of Chesterfield the following amounts for infrastructure improvements within the service district for the Property: i) If payment is made prior to July 1, 2009 $18,080.00 per dwelling unit; or ii) If payment is made after June 30, 2009 the amount approved by the Board of Supervisors not to exceed $18,080 per dwelling unit and adjusted upward by any increase in the Marshall and Swift Building Cost Index between July 1, 2008, and July 1 of the fiscal year in which the payment is made. b. Cash proffer payments shall be spent for the purposes proffered or as otherwise permitted by law. c. Should Chesterfield County impose impact fees or other fees for infrastructure improvements at any time during the life of the development of the property, the amount paid in cash proffers shall be in lieu of or credited toward, but not be in addition to, any such impact or other infrastructure fees, in a manner determined by the County. (B&M) (Note: This condition supersedes Proffered Condition 9 of Case 06SN0196, which was incorporated by Proffered Condition 2 of Case 07SN0299). J J J 09-119 02/25/09 4. Timbering. Except for timbering approved by the Virginia State Department of Forestry for the purpose of removing dead or diseased trees, there shall be no timbering on the property until a land disturbance permit has been obtained from the Environmental Engineering Department and the approved devices have been installed. (EE) C Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 09SN0153 In Bermuda Magisterial District, CHESTERFIELD COUNTY BOARD OF SUPERVISORS proposes Conditional Use Planned Development and amendment of zoning district map to permit a height exception for a church steeple in a Residential (R-7) District on 4 acres located in the northeast quadrant of West Hundred and Osborne Roads. The density of such amendment will be controlled by zoning conditions or Ordinance standards.- The Comprehensive Plan suggests the property is appropriate for office/residential mixed use and residential use of 2.5 dwellings per acre or less. Tax IDs 793-656-7618 and 8532; and 794-656-0123 and 0200. Mr. Turner presented a summary of Case 09SN0153 and indicated the Planning Commission recommended approval subject to the condition. Mr. Brennan Keene, an elder at Chester Presbyterian Church and attorney, expressed appreciation for the Board's consideration of the request. On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board approved Case 09SN0153 subject to the following condition: With. the approval of this request, a thirty (30) foot exception shall be granted to the maximum fifty (50) foot height limitation for church steeples. (P) ^~- Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 17. PUBLIC HEARINGS 17.A. TO CONSIDER AN AMENDMENT TO THE PUBLIC FACILITIES PLAN RELATIVE TO THE FLEET MANAGEMENT SECTION Mr. Steven Haasch presented a summary of the proposed amendment to the Fleet Management section of the Public Facilities Plan. Ms. Jaeckle stated she is interested in the possible outsourcing of fleet maintenance services as a way to improve customer service. She referenced the Mercury Report, which the Board has not discussed. She inquired whether or not a deferral would affect the plans of the county. Mr. Stegmaier stated the amendment to the Public Facilities Plan does not commit the Board to move forward on this or on any other facility. He further stated that outsourcing fleet maintenance is difficult to do due to the public procurement 09-120 02/25/09 process and the function and size of the county's vehicle fleet. Ms. Jaeckle stated she understood certain types of equipment, such as, fire apparatus needs specialized equipment to work on, but not all of the vehicles in the fleet need that type of equipment. Mr. Stegmaier stated if a county business was to perform the work on the fleet, they would have to give up other business to allow the time needed to perform the tasks needed. In response to Ms. Durfee's concerns, Mr. Key stated the proposed facilities were focused in the parts of the county in which growth has already occurred. He further stated to cover the Matoaca District, a fourth facility would need to be placed in that area of the county. Ms. Durfee inquired about a breakdown of where the buses are located in the county. Mr. Carmody stated funding for the facilities is in the FY2012 and FY2013 CIP. Mr. Holland expressed concerns relative to the locations of the facilities and stated the Plan needed to be reviewed more. Discussion ensued regarding the ultimate goals for the Fleet Management facilities and what work still needs to be done. In response to Mr. Warren's question, Mr. Stegmaier stated to outsource the fleet maintenance services the facilities would have to be upgraded. He further stated outsourcing services is a long term issue. Mr. Gecker stated approving this Plan is not an expenditure of funds and when a site is found it will be brought back before the Board. He further stated he would support a 30- day deferral. Mr. Holland stated this item needs to be acted upon so as not to cause any further issues with the Plan. Ms. Durfee stated she would like to leave options open and requested information as to the location of the majority of customers of fleet maintenance. She further stated she does not want to lock the county into an area that is unreasonable. On motion of Mr. Holland, seconded by Mr. Gecker, the Board approved the amendment to the Public Facilities Plan relative to the Fleet Management Section, as further modified by staff, and directed staff to review outsourcing of fleet maintenance services. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 19. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED MATTERS There were no speakers at this time. J J J 09-121 02/25/09 20. ADJOURNMENT C C On motion of Mr. Holland, seconded by Mr. Warren, the Board adjourned at 7:47 p.m. to March 11, 2009 at 3:00 p.m. in the Public Meeting Room. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. a es J. Stegm ier C my Administrator Arthur S. Warren Chairman 09-122 02/25/09