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2009-02-12 MinutesBOARD OF SUPERVISORS MINUTES February 12, 2009 u ~J 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: Lt. Col. John Austin, Police Department Mr. Mike Bacile, Dir. Purchasing Ms. Janice Blakley, Clerk to the Board Ms. Debbie Burcham, Exec. Dir., Community Services Board Mr. Alan Carmody, Dir., Budget and Management Mr. Barry Condrey, Chief Information Officer Mr. Roy Covington, Dir., Utilities Ms. Mary Ann Curtin, Dir., Intergovtl. Relations Mr. Jonathan Davis, Dir., Real Estate Assessments Mr. Will Davis, Dir., Economic Development Ms. Rebecca Dickson, Dep. County Administrator, Human Services Mr. Robert Eanes, Asst. to the County Administrator 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. Donald Kappel, Dir., Public Affairs Mr. Rob Key, Director, General Services Mr. Lou Lassiter, Dir., Internal Audit Ms. Mary Lou Lyle, Dir., Accounting Mr. Mike Mabe, Director, Libraries Mr. John McCracken, Dir., Transportation Mr. Richard M. McElfish, Dir., Env. Engineering Mr. Steven L. Micas, County Attorney Chief Edward Senter, Fire Department 09-70 02/12/09 Mr. M. D. Stith, Jr., Deputy County Admin., Community Development Mr. Thomas Trudeau, Airport Manager Mr. Kirk Turner, Dir.,. Planning 1. APPROVAL OF MINUTES FOR JANUARY 28, 2009 On motion of Ms. Durfee, seconded by Mr. Holland, the Board approved the minutes for January 28, 2009, as submitted. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 2. COUNTY ADMINISTRATOR'S COMMENTS 2.A. COUNTY ADMINISTRATOR'S REPORT EFFICIENCY COMMITTEE Mr. Stegmaier provided an update to the Board on the Efficiency Committee. He stated the Committee has identified opportunities to save money, which include two main categories - energy conservation and reducing the use of county vehicles. He further stated the Committee is also looking at the possibility of organizational changes and consolidations. PRO-ACTIVE CODE ENFORCEMENT Mr. Stegmaier provided an update on pro-active code enforcement. He stated the final proposal will be presented to the Board when the Community Development budgets are presented. LEGISLATIVE UPDATE Ms. Curtin presented an update to the Board of Supervisors on the status of several bills before the General Assembly. She stated that most of the land use bills have been amended and are much better than they were. She provided an update on the status of the state's budget, which is impacted by new revenue numbers from the Governor and the Economic Stimulus Package coming to the state. She stated the amount of funding coming to Virginia from the Stimulus Package is unknown at this time. Discussion ensued relative to categories included for funding in the stimulus package and to the inclusion or exclusion of school construction in the categories. Mr. Stegmaier stated there has been some debate over the use of the Stimulus Package funds. He further stated the county has started the process of putting together a team of employees with grant writing experience so the county will be ready to start pursuing funds identified available for use. J J J 09-71 02/12/09 BRUSH FIRES U C~ Chief Senter stated the weather conditions over the past two days have been conducive for brush fires. He further stated the National Weather Service has issued a Red Flag Warning due to the high winds, low humidity and dry conditions. He provided details to the Board relative to the amount of brush fires have been handled by the Fire Department in the last two days. Mr. Stegmaier stated staff is working extremely hard on the budget and will begin presentations on budgets for the next year. 3. BOARD MEMBER REPORTS Ms. Durfee stated a Matoaca District community meeting has been held on zip code modifications. She further stated she was pleased with the attendance. She stated most of the citizens in attendance were agreeable with the modifications. Ms. Jaeckle stated a Bermuda District community meeting is scheduled for February 23 to discuss zip code modifications. Mr. Holland stated a community meeting has been held on zip code modifications in the Dale District.. He expressed appreciation to staff for their presentations. Mr. Warren stated he attended the VACo legislative board meeting, where the Governor spoke about the state of the economy. He explained why education is not getting the level of funding it has in the past from the state . He stated he volunteered the Board members to serve on VACo ad hoc committees as follows: Mr. Gecker to serve on the Transportation Committee; Ms. Durfee to serve on the Community Development Committee; Ms. Jaeckle to serve on the Education Committee; and Mr. Holland to serve on the Budget and Audit Committee. Mr. Gecker stated he has two community meetings scheduled for February 23 and February 26 to begin discussions about the budget process. 4. REQUESTS TO POSTPONE AGENDA ITEMS AND ADDITIONS, DELETIONS OR CHANGES IN THE ORDER OF PRESENTATION 0 On motion of Mr. Gecker, seconded by Mr. Holland, the Board replaced Item 8.D.9., Initiation of an Application for Conditional Use Planned Development to Permit a Water Storage Tank with Communications Tower Use Plus a Height Exception in an Agricultural District. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 5. RESOLUTIONS There were no Resolutions at this time. 09-72 02/12/09 6. WORK SESSIONS 6.A. PROJECTED REVENUES FOR FY2010 BUDGET Mr. Carmody presented an overview of the FY2010 projected revenues in the General Fund. He reviewed data relative to the state funding and economic status. He presented information regarding financial policies of the county and the performance and outlook of county revenues. He provided details of the economic backdrop and economic forecast to include a drop in consumer confidence, increase in personal savings rate, county retail sales by category, home sales, labor market conditions, county unemployment rates, residential revaluation growth, regional home affordability, and the foreclosure outlook. He stated total revenues proposed for FY2010 represent a decrease of $39.5 million from FY2009. He reviewed the FY2010 Budget Work Session schedule. In response to Mr. Holland's question, Mr. Carmody stated a recovery in revenues is expected in the latter part of 2010. He further stated unemployment levels will take longer to recover. Mr. Holland stated the county needed to look closely at operating costs as well as capital costs. In response to Mr. Gecker's questions, Mr. Carmody stated the AAA bond rating is favorable for the county borrowing money at this time, but debt service needs to be reviewed in the long run. He further stated construction costs are running well below last year. Mr. Gecker stated the county should consider incurring some debt and accelerating some projects considering the current low cost of funds. Mr. Carmody stated the county needs to be careful of operating impacts that the county may not be able to fund. He cautioned the Board that the right projects needed to be picked, ones that minimized the impact on the operating budget. Mr. Gecker stated with the AAA bond rating, now may be the time to take advantage and find projects which will be done in the next 5 to 7 years, which would have minimal operating costs, and begin discussions on them. Mr. Carmody stated again that analysis on projects was worth it, but projects would need to be prioritized and the county would need to pick the right projects. Discussion ensued relative to the Board of Supervisors and School Board having a joint meeting to discuss the budget. In response to Mr. Holland's question, Mr. Carmody noted that lower collection rates were built into the revenue projections, and that the Treasurer would aggressively pursue outstanding debts. Ms. Durfee expressed appreciation to Mr. Carmody for the presentation. She stated the Board will be reviewing all of the information provided, analyzing projects at the county 09-73 J J J 02/12/09 level, and ensuring the projects measure up to the critical needs of the citizens. ~J U Mr. Warren stated the Board is focused on the importance of public input. He urged the citizens to attend the budget public hearing on March 25, 2009. In response to Mr. Gecker's concern, Mr. Carmody stated staff will start immediately to review which projects can be started which will not effect the operating costs on the county. Mr. Stegmaier stated the county is working with the school system on a list of projects which would fall into the stimulus package categories in the category of renovations. He also cautioned the Board on preserving flexibility for issuing debt in regards to tax rates. VISIT BY MAYOR JONES Mayor Dwight Jones, City of Richmond, addressed the Board to extend the hand of cooperation and friendship from the city. He stated he was looking forward to working with the county and invited the county to attend a Council Meeting in Richmond. Mr. Warren expressed appreciation to Mayor Jones for his offer of cooperation. 7. DEFERRED ITEMS There were no Deferred Items at this time. 8. NEW BUSINESS 8.A. AUTHORIZATION TO ADVERTISE TAX RATES FOR THE PROPOSED FY2010 BUDGET C Mr. Carmody provided details relating to the legal advertisement for the tax rates for the proposed FY2010 budget. He advised the Board not to run the legal advertisement relative to an increased rate due to the confusion it would cause with citizens. Mr. Stegmaier stated the advertisement is only required to be run if the change in assessments, in combination with a tax rate that effectively would result in a tax increase. Mr. Gecker stated the Board should maintain flexibility by advertising the real estate tax rate at 0.97 cents. Mr. Holland stated the legal advertisement should not be run, if not required, so as not to confuse the public. He further stated tough times require tough decisions. Mr. Gecker stated the revenue forecasts provide no cushion for the county and he believes the Board should retain the flexibility to provide the services to citizens. Ms. Durfee stated there is already confusion in the public. 09-74 02/12/09 Mr. Holland stated if there had been a great decrease in assessments he would understand increasing the real estate tax rates. Mr. Gecker stated it is a mistake to remove the flexibility from the Board when the state's budget has not been finalized and the county does not know what amount the shortfall will be. He further stated removing the flexibility may lead to the county's inability to provide basic levels of service to our citizens . He stated the Board is not voting on the tax rate at this time. He further stated it seemed to be reasonable to leave an approximately $6 million cushion in the county's budget by considering the 0.97 cent tax rate. On motion of Mr. Warren, seconded by Mr. Holland, the Board authorized advertisement of tax rates, including a 0.95 real estate tax rate, the proposed FY2010 Budget, proposed FY2010 - FY2015 Capital Improvement Program and the proposed FY2010 Community Development Block Grant Program for public hearings as outlined in the papers of this Board. Ayes: Warren, Jaeckle, Holland, and Durfee. Nays: Gecker. 8.B. STREETLIGHT INSTALLATION COST APPROVAL On motion of Ms. Jaeckle, seconded by Mr. Warren, the Board approved the following streetlight installation: BERMUDA DISTRICT • In the Hillandale subdivision, on Ecoff Avenue on the existing pole in the vicinity of 4918 Cost to install streetlight: $225.76 Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 8.C. APPOINTMENTS On motion of Mr. Holland, seconded by Ms. Durfee, the Board suspended their rules to allow simultaneous nomination/ appointment/reappointment of members to serve on various Committee/Boards. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 8.C.1. AGRICULTURAL AND FORESTRY COMMITTEE On motion of Ms. Durfee, seconded by Mr. Warren, the Board simultaneously nominated/appointed Mr. Wayne Campbell, representing the Matoaca District, to serve on the Agricultural and Forestry Committee, whose term is effective immediately and will expire on December 31, 2010. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. J J J 09-75 02/12/09 8.C.2. DISABILITY SERVICES BOARD ^i On motion of Mr. Holland, seconded- by Ms. Durfee, the Board simultaneously nominated/appointed/reappointed the following members to serve on the Disability Services Board: Name Margaret Fields Linda Van Aken Jo Ellen Hetherington Joseph Seay Barbara Ettner Preston Curry Carol Fint Deborah Brooks Sarah Swope District Expiration Midlothian December 31, 2009 Bermuda December 31, 2009 Matoaca December 31, 2010 At Large December 31, 2009 Clover Hill December 31, 2010 Clover Hill December 31, 2011 Dale December 31, 2010 Dale December 31, 2011 Matoaca December 31, 2011 Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 8.D. CONSENT ITEMS 8.D.1. APPROVAL OF CHANGE ORDERS 8.D.l.b. FOR THE SUNNYBROOK PUMP STATION RELIEF SEWER PROJECT u On motion of Mr. Gecker, seconded by Mr. Warren, the Board approved Change Order Number Two for Contract 07-0368, Sunnybrook Pump Station Relief Sewer Project, in the amount of $150,000, and authorized the County Administrator to execute the necessary documents. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 8.D.2. TRANSFER OF DISTRICT IMPROVEMENT FUNDS FROM THE MIDLOTHIAN DISTRICT IMPROVEMENT FUND TO THE DEPARTMENT OF ENVIRONMENTAL ENGINEERING TO CONTROL VEGETATION IN A SIX-ACRE STORM WATER MANAGEMENT POND LOCATED IN RAMSGATE SUBDIVISION On motion of Mr. Gecker, seconded by Mr. Warren, the Board approved the transfer of $3,500 in Midlothian District Improvement Funds to the Department of Environmental Engineering to control vegetation in a six-acre storm water management pond located in Ramsgate Subdivision. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 8.D.3. SET DATES FOR PUBLIC HEARINGS 8.D.3.a. TO CONSIDER AMENDING SECTION 17-73 OF THE SUBDIVISION ORDINANCE AS IT RELATES TO STATE ACCEPTANCE OF SUBDIVISION ROADS On motion of Mr. Gecker, seconded by Mr. Warren, the Board set March 11, 2009 at 6:30 p.m. for a public hearing to consider amending Section 17-73 of the Subdivision Ordinance as it relates to state acceptance of subdivision roads. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 09-76 02/12/09 8.D.5. STATE ROAD ACCEPTANCE On motion of Mr. Gecker, seconded by Mr. Warren, the Board adopted the following resolution: WHEREAS, the street described below is 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 street meets 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 street 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: Bendahl Valley Section B 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 • Bendahl Valley Drive, State Route Number 7375 From: Kingsland Rd., (Rt. 611) To: Tatterton Trail, (Rt. 7376), a distance of: 0.06 miles. Recordation Reference: Pb. 173, Pg. 82 Right of Way width (feet) = 54 • Tatterton Trail, State Route Number 7376 From: Bendahl Valley Dr., (Rt. 7375) To: Finworth Ln., (Rt. 7230), a distance of: 0.07 miles. Recordation Reference: Pb. 173, Pg. 82 Right of Way width (feet) = 50 • Finworth Lane, State Route Number 7230 From: Tatterton Trail, (Rt. 7376) To: 0.07 miles south of Baxter Bridge Dr., (Rt. 7228), a distance of 0.02 miles. Recordation Reference: Pb. 173, Pg. 82 Right of Way width (feet) = 46 • Tatterton Trail, State Route Number 7376 From: Finworth Ln., (Rt. 7230) To: Cul-de-sac, a distance of: 0.17 miles. Recordation Reference: Pb. 173, Pg. 82 J J J 09-77 02/12/09 ~J C~7 0 Right of Way width (feet) = 40 • Bendahl Valley Drive, State Route Number 7375 From: Tatterton T1., (Rt. 7376) To: Bendahl Valley Tr., (Rt. 7377), a distance of: 0.02 miles. Recordation Reference: Pb. 173, Pg. 82 Right of Way width (feet) = 40 • Bendahl Valley Terrace, State Route Number 7377 From: Bendahl Valley Dr., (Rt. 7375) To: Cul-de-sac, a distance of: 0.09 miles. Recordation Reference: Pb. •173, Pg. 82 Right of Way width (feet) = 40 • Bendahl Valley Drive, State Route Number 7375 From: Bendahl Valley Tr., (Rt. 7377) To: Cul-de-sac, a distance of: 0.03 miles. Recordation Reference: Pb. 173, Pg. 82 Right of Way width (feet) = 40 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: Edgewater at the Reservoir Section 3 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 • Bayfroat Lane, State Route Number 7349 From: North Woolridge Rd., (Rt. 668) To: Bayfront Wy., (Rt. 7351), a distance of: 0.04 miles. Recordation Reference: Pb. 175, Pg. 32 Right of Way width (feet) = 50 • Bayfroat Way, State Route Number 7351 From: Bayfront Ln., (Rt. 7349) To: Port Savage Dr., (Rt. 7352), a distance of: 0.11 miles. 09-78 02/12/09 Recordation .Reference: Pb. 175, Pg. 32 Right of Way width (feet) = 45 • Port Savage Drive, State Route Number 7352 From: Bayfront Wy., (Rt. 7351) To: Temp EOM, a distance of: 0.02 miles. Recordation Reference: Pb. 175, Pg. 32 Right of way width (feet) = 50 • Bayfront Way, State Route Number 7351 From: Port Savage Dr., (Rt. 7352) To: Cul-de-sac, a distance of: 0.13 miles. Recordation Reference: Pb. 175, Pg. 32 Right of Way width (feet) = 45 • Bayfront Place, State Route Number 7350 From: Bayfront Wy., (Rt. 7351) Cul-de-sac, a distance of: 0.08 miles. Recordation Reference: Pb. 175, Pg. 32 Right of Way width (feet) = 40 Bayfront Way, State Route Number 7351 From: Bayfront Ln., (Rt. 7349) To: White Cap Dr., (Rt. 7353), a distance of Recordation Reference: Pb. 175, Pg. 32 Right of Way width (feet) = 45 • White Cap Drive, State Route Number 7353 From: Bayfront Wy., (Rt. 7351) To: Temp EOM, a distance of: 0.06 miles. Recordation Reference: Pb. 175, Pg. 32 Right of Way width (feet) = 40 • Bayfront Way, State Route Number 7351 From: White Cap Dr., (Rt. 7353) To: Cul-de-sac, a distance of: 0.08 miles. Recordation Reference: Pb. 175, Pg. 32 Right of way width (feet) = 45 0.11 miles. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 8.D.6. AUTHORIZATION FOR THE COUNTY ADMINISTRATOR TO EXECUTE A COMMUNITY CONTRACT WITH THE QUEST! FOUNDATION AND APPROPRIATE FUNDS FOR THE DEVELOPMENT OF THE LYCEUM PROJECT On motion of Mr. Gecker, seconded by Mr. Warren, the Board authorized the County Administrator to execute a community contract with the Quest! Foundation for the development of the Lyceum Project, and appropriated $25,000 for the contract. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 09-79 J J J 02/12/09 8.D.7. ACCEPTANCE AND APPROPRIATION OF STATE GRANT FUNDS FOR A PROJECT TO DEVELOP AIRPORT SIGNAGE AND LANDSCAPE DESIGN FOR ENHANCEMENTS TO THE ENTRANCE TO THE COUNTY AIRPORT AND THE AIRPORT INDUSTRIAL PARK ^~- u On motion of Mr. Gecker, seconded by Mr. Warren, the Board authorized the County~Administrator to accept and appropriate $59,480 in State grant funds and transfer the local match of $14,870 for a project to develop airport signage and landscape design and authorized the County Administrator to execute all documents. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 8.D.8. ADOPTION OF RESOLUTIONS 8.D.8.a. RECOGNIZING THE ACHIEVEMENTS OF PASTOR ROY L. FOOTS On motion of Mr. Gecker, seconded by Mr. Warren, the Board adopted the following resolution: WHEREAS, New Direction Evangelistic Church is located in Chesterfield County, Virginia; and WHEREAS, the Reverend Dr. Roy L. Foots is the pastor of New Direction Evangelistic Church; and WHEREAS, Pastor Foots is a graduate of Miller University, School of Theology in Montclair, New Jersey; and WHEREAS, Pastor Foots founded Sunset Baptist Church in Queens Village, New York; and WHEREAS, Pastor Foots was employed for 20 years by the New York City Department of Corrections; and WHEREAS, after relocating to Virginia, and before building his church in Chesterfield County, Reverend Foots became pastor of Baptist Union Baptist Church in Dillwyn, Virginia; and WHEREAS, under his leadership, New Direction Evangelistic Church has developed ministries for men, women, youths, couples, and singles, as well as a prison ministry and numerous others; and WHEREAS, Pastor Foots also shares his ministry through his active role in television and radio broadcasting; and WHEREAS, Pastor Foots has mentored other ministers who have since become pastors of their own. churches; and WHEREAS, Pastor Foots has been heartily endorsed by numerous other pastors for elevation to Bishop; and WHEREAS, Bishop-Elect Foots will be confirmed as Bishop of the New Direction Evangelistic Church on Saturday, February 28, 2009; and WHEREAS, this Board of Supervisors joins in congratulating Bishop-Elect Foots on his confirmation to this 09-80 02/12/09 important leadership position in New Direction Evangelistic Church. NOW, THEREFORE, BE IT RESOLVED ,that the Chesterfield Board of Supervisors, this 12th day of February 2009, hereby recognizes Bishop-Elect. Roy L. Foots for his exemplary service and selfless dedication to helping others, congratulates him on his selection for this new leadership position in New Direction Evangelistic Church, and extends its best wishes for continued success in his ministry. AND, BE IT FURTHER RESOLVED 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. 8.D.8.b. RECOGNIZING MR. DIRK A. WEEKS, UTILITIES DEPARTMENT, UPON HIS RETIREMENT On motion of Mr. Gecker, seconded by Mr. Warren, the Board adopted the following resolution: WHEREAS, Mr. Dirk A. Weeks began his public service with Chesterfield County Utilities Department's water treatment plants on March 1, 1976, and has faithfully served Chesterfield County for thirty-three years; and WHEREAS, throughout his career, Mr. Weeks showed a commitment to his fellow employees by being the most gentlemanly and cooperative of co-workers and by always providing a strong and steady presence during crisis situations; and WHEREAS, Mr. Weeks provided the Utilities Department with many years of outstanding supervisory leadership as an Assistant Chief Operator at both the Falling Creek and Addison/Evans Water Treatment Plants; and WHEREAS, Mr. Weeks was recognized by his peers in the water treatment industry for being a highly competent professional as evidenced by him being named the 2006 Water Plant Operator of the Year for the State of Virginia by the Virginia Section of the American Water Works Association; and WHEREAS, Mr. Weeks will forever have the respect of those he worked with as an exceptionally competent practitioner of the art and science of water treatment as evidenced by the Addison/Evans Water Treatment Plant being awarded the Environmental Protection Agency's Ten Year Directors Award for superior water treatment. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes Mr. Dirk A. Weeks for his outstanding contributions to Chesterfield County, expresses the appreciation of all residents for his service, and extends appreciation for his dedicated service to the county, congratulations upon his retirement, and best wishes for a long and happy retirement. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. J ,) J 09-81 02/12/09 8.D.10. REQUESTS FOR PERMISSION 8.D.10.a. FROM JUSTIN L. HORNE AND MARTHA W. HORNE TO INSTALL A PRIVATE WATER SERVICE WITHIN A FIFTY- FOOT COUNTY RIGHT OF WAY TO SERVE PROPERTY ON JESSUP ROAD On motion of Mr. Gecker, seconded by Mr. Warren, the Board approved the request for permission from Justin L. Horne and Martha W. Horne to install a private water service within a 50' county right of way to serve property at 5619 Jessup Road, subject to the execution of a license agreement and authorized the County Administrator to execute the water 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. 8.D.10.b. FROM PAUL OPOLSKI AND JOYCE OPOLSKI FOR A PROPOSED FENCE TO ENCROACH WITHIN AN EIGHT-FOOT EASEMENT ACROSS LOT 16, BLOCK A, FERNBROOK, SECTION L ^~ On motion of Mr. Gecker, seconded by Mr. Warren, the Board approved the request for permission from Paul Opolski and Joyce Opolski for a proposed fence to encroach within an 8' easement across Lot 16, Block A, Fernbrook, Section L, 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.D.10.c. FROM WAL-MART STORES EAST, LP. FOR A PROPOSED CONCRETE PAD TO ENCROACH WITHIN A VARIABLE WIDTH SEWER AND WATER EASEMENT ACROSS PROPERTY ON WINTERPOCK ROAD On motion of Mr. Gecker, seconded by Mr. Warren, the Board approved the request for permission from Wal-Mart Stores East, LP, for a proposed concrete pad to encroach within a variable width sewer and water easement across its property at 7200 Winterpock Road, 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.D.11. APPROVAL OF ROAD NAME CHANGE OF A SECTION OF DEERHILL ROAD TO DEERHILL LANE On motion of Mr. Gecker, seconded by Mr. Warren, the Board approved a road name change for a section of Deerhill Road to Deerhill Lane in the Clover Hill District. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 09-82 02/12/09 8.D.12. ACCEPTANCE OF PARCELS OF LAND ALONG BENSLEY COMMONS BOULEVARD AND ALCOTT ROAD FROM RICHMOND AFFORDABLE HOUSING On motion of Mr. Gecker, seconded by Mr. Warren, the Board accepted the conveyance of two parcels of land containing a total of 0.200 acres along Bensley Commons Boulevard and Alcott Road from Richmond Affordable Housing and authorized the County Administrator to execute the deed. (It is noted copies of the plats are filed with the papers of this Board.) Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 8.D.13. APPROVAL OF AN EXTENSION OF A CONTRACT TO PURCHASE APPROXIMATELY FIFTY-SEVEN PLUS OR MINUS ACRES OF COUNTY-OWNED LAND LOCATED AT THE INTERSECTION OF IRONBRIDGE ROAD AND COURTHOUSE ROAD TO IRONBRIDGE LAND COMPANY On motion of Mr. Gecker, seconded by Mr. Warren, the Board approved an extension to May 29, 2009 of the Purchaser's feasibility study period under the existing sales contract to purchase approximately 57 +/- acres of county-owned land- located at the intersection of Ironbridge Road and Courthouse Road to Ironbridge Land Company. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. Mr. Warren recognized the members of Quest! Foundation, who were in the audience. The following items were pulled for Board comment: 8.D.l.a. TO ENVIROSCAPES, INCORPORATED GENERAL CONTRACTORS FOR RENOVATIONS AND REPLACEMENT OF PAVING AND DRAINAGE FACILITIES AT THE DUTCH GAP FIRE STATION In response to Mr. Gecker's question, Chief Senter stated the subsurface under the pavement at the fire station was insufficient for repaving and would need to be replaced. He further stated the drain lines under the pavement also were in need of repair. Mr. Stegmaier stated the inferior soil was in a narrow band which ran under the pavement and tests would not have caught the issue. On motion of Mr. Gecker, seconded by Mr. Holland, the Board authorized the County Administrator to execute a change order with Enviroscapes Inc. in the amount of $44,096.53, for the renovations and replacement of paving and drainage facilities at the Dutch Gap Fire Station (Station 14), 2711 W. Hundred Road. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. J J J 09-83 02/12/09 8.D.3.b. TO CONSIDER AMENDING THE ZONING ORDINANCE RELATING '1'V '1'riL PENALTY AND APPEAL PERIOD FOR VIOLATIONS REGARDING THE NUMBER OF UNRELATED PERSONS IN SINGLE FAMILY DWELLINGS ^! In response to Mr. Gecker's question, Mr. Turner stated the General Assembly has given the county the right to increase the penalty for violations regarding the number of unrelated persons in single family dwellings. He further stated to date, the county has not enforced the penalty. In response to Mr. Holland's question, Mr. Turner stated the 10-day time frame is not sufficient. Ms. Jaeckle stated she would like to have the public hearing on this matter. On motion of Mr. Holland, seconded by Ms. Durfee, the Board set March 11, 2009 at 6:30 p.m. for a public hearing to consider amending the zoning ordinance relating to the penalty and appeal period for violations regarding the number of unrelated persons in single family dwellings. Ayes: Warren, Jaeckle, Holland, and Durfee. Nays: Gecker. 8.D.9. INITIATE AN APPLICATION FOR CONDITIONAL USE PLANNED DEVELOPMENT TO PERMIT A WATER STORAGE C TANK WITH COMMUNICATIONS TOWER USE PLUS A HEIGHT EXCEPTION IN AN AGRICULTURAL (A) DISTRICT In response to Ms. Durfee's questions, Mr. Covington stated additional storage was needed in the county's drinking water system. He further stated the storage tank will be at the same elevation as the Clover Hill tank. He provided details about the site to the Board and stated community meetings would be held to notify the public. On motion of Mr. Durfee, seconded by Mr. Holland, the Board initiated an application for Conditional Use Planned Development to permit a water storage tank including communications tower use, with a total height not to exceed 160 feet, on county owned property at 14300 Fox Club Parkway, Tax ID 714-672-8571; appointed John Harmon, County Right-of- Way Manager, as the Board's Agent; and waived the requirement for a disclosure affidavit. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. The following item was pulled for public comment: 8.D.4. AWARD A CONSULTING CONTRACT TO RENAISSANCE PLANNING GROUP FOR REVISIONS TO CHESTERFIELD COUNTY'S COMPREHENSIVE PLAN Mr. Mike Uzell stated he supported the creation of a new Comprehensive Plan for the county, but he requested the Board 09-84 02/12/09 table the contract for a year due to the current economic state. Ms. Andrea Epps, Vice President of Brandermill Community Board of Directors, spoke in support of awarding the contract now due to the funds being set aside at the end of last year. Mr. Warren Wakeland, Home Builders Association of Richmond, stated now is time to do the Comprehensive Plan because business is slow and would allow for an opportunity to evaluate the entire Plan. He further stated funding for the contract was budgeted last year. Ms. Debbie Girvin requested the Board award the contract for the Comprehensive Plan. Mr. Dave Anderson, a resident of Midlothian, stated it is very important to have the Comprehensive Plan completed. He urged the Board to award the contract for the Comprehensive Plan revisions. Ms. Barbara Story stated the Comprehensive Plan is needed in the county, but now is not the right time to award the contract. Dr. Betty Hunter-Clapp urged the Board to award the contract for the Comprehensive Plan. Ms. Jaeckle stated she agreed with moving forward with the Plan and the. funds were designated last year to go to a nonrecurring item. She further stated she had some concern relative to the scope of the project. Ms. Jaeckle then made a motion, seconded by Mr. Gecker, for the Board to defer decision on awarding a consulting contract to Renaissance Planning Group for revisions to the Chesterfield County Comprehensive Plan until April 15, 2009. Mr. Holland stated it is important to follow through with the process. Ms. Durfee stressed the importance of undertaking the revision of the Comprehensive Plan and would hope that the Board would take action at this time. She stated it would create economic opportunities and would allow the county to focus on economic vitality, the overall health and sustainability of services, and our quality of life. She also expressed that the Plan would present opportunities to link land use and transportation., to protecting the environment, and revitalization. Mr. Gecker stated he supported revising the Plan, although he thought the county was moving forward with a strategic vision for the county, not just the Comprehensive Plan. He further stated he was not looking for a mere rewrite of the current Comprehensive Plan, but a Plan to assist with revitalization and stabilization of neighborhoods and environmental stewardship. He stated he does not see a consensus on the scope of the Plan and during the 60 days he would like to have a work session to discuss what is to come out of the revision of the Comprehensive Plan. Mr. Warren stated the Plan revision will take 18 months. He further stated he was in support of maximum public input and would support a 60-day deferral. Ms. Jaeckle stated she wants a 60-day deferral to allow time to accomplish what is needed on the scope. J J J 09-85 02/12/09 Mr. Warren stated a 60-day deferral would put this item on the agenda after the budget public hearing. u r~ In response to Ms. Durfee's question, Mr. Turner stated the work began on the process of revising the Comprehensive Plan when the Board took office. He further stated all of the items listed in the agenda item were covered in the scope portion of the project. Ms. Durfee made a substitute motion, seconded by Mr. Holland, for the Board to defer decision on awarding a consulting contract to Renaissance Planning Group for revisions to the Chesterfield County Comprehensive Plan for 30 days. Ayes: Holland and Durfee. Nays: Warren, Gecker and Jaeckle. The substitute motion failed. Mr. Warren then called for a vote on the motion of Ms. Jaeckle, seconded by Mr. Gecker, for the Board to defer decision on awarding a consulting contract to Renaissance Planning Group for revisions to the Chesterfield County Comprehensive Plan until April 15, 2009. Ayes: Warren, Gecker and Jaeckle. Nays: Holland and Durfee. 9. REPORTS 9.A. REPORT ON DEVELOPER WATER AND SEWER CONTRACTS 9.B. REPORT ON STATUS OF GENERAL FUND BALANCE, RESERVE FOR FUTURE CA 'AL PROJECTS, DISTRICT AND LEASE FUNDS C On motion of Mr. Gecker, seconded by Ms. Durfee, the Board accepted the following reports: a Report on Developer Water and Sewer Contracts and a Report on the Status of General Fund Balance, Reserve for Future Capital Projects, District Improvement Funds, and Lease Purchases. 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: 09-86 02/12/09 12. INVOCATION Reverend Martha L. Jenkins, Saint Matthew's Episcopal Church, gave the invocation. 13. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Eagle Scout Stephen Wood led the Pledge of Allegiance to the Flag of the United States of America. 14. RESOLUTIONS 14.A. RECOGNIZING FEBRUARY 2008, AS "CHILDREN'S DENTAL HEALTH MONTH" IN CHESTERFIELD COUNTY Mr. Kappel introduced Dr. Sam Galstan, who was present to receive the resolution. On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board adopted the following resolution: WHEREAS, the Sixth Annual "Give Kids a Smile! Access to Dental Care Day" was conducted in a number of Chesterfield County dental offices and schools on February 6, 2009; and WHEREAS, numerous children's dental health outreach activities and education will take place in Chesterfield County Schools throughout February 2009; and WHEREAS, through the joint efforts of the Southside Dental Society; the Virginia Department of Health, Division of Dentistry; the Medical College of Virginia School of Dentistry; the Alliance of the Southside Dental Society; local dentists and dental healthcare providers who volunteer their time; and the school district of Chesterfield County, this program was established to foster the improvement of children's dental health; and WHEREAS, these dental volunteers have provided educational materials and programs and stress the importance of regular dental examinations; daily brushing and flossing; proper nutrition; sealants and the use of mouth guards during athletic activities; and WHEREAS, several local dental offices volunteered their services on "Give Kids a Smile! Access to Dental Care Day," to provide treatment and education to local underprivileged children. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 12th day of February 2009, publicly recognizes February 6, 2009 as "Give Kids a Smile! Access to Dental Care Day" and February 2009, as "National Children's Dental Health Month" in Chesterfield County, and expresses gratitude, on behalf of all Chesterfield County residents, and commends those organizations responsible for their proactive approach to dental health and also commends Dr. Samuel W. Galstan, Dr. C. Sharone Ward, and Dr. Frank Farrington, for helping to protect our children's dental health. Ayes: Warren, Decker, Jaeckle, Holland, and Durfee. Nays: None. Ms. Jaeckle presented the executed resolution to Dr. Galstan and expressed appreciation for his efforts in promoting children's dental health. J J J 09-87 02/12/09 Dr. Galstan expressed appreciation to the Board of Supervisors for the recognition. 14.B. RECOGNIZING BOY SCOUTS UPON ATTAINING THE RANK OF EAGLE SCOUT C 14.B.1. MR. AARON CAPEK, CLOVER HILL DISTRICT 14.B.2. MR. CLAY PROSISE, CLOVER HILL DISTRICT 14.B.3. MR. PATRICK ALLEN, CLOVER HILL DISTRICT 14.B.4. MR. STEPHEN WOOD, MIDLOTHIAN DISTRICT 14.B.5. MR. GARRETT SCOTTOW, MIDLOTHIAN DISTRICT 14.B.6. MR. ZANE UNDERWOOD, MIDLOTHIAN DISTRICT 14.B.7. MR. SHAWN HERRINGTON, MIDLOTHIAN DISTRICT Mr. Kappel introduced Mr. Clay Prosise, Mr. Patrick Allen, Mr. Stephen Wood, Mr. Garrett Scottow, Mr. Zane Underwood and Mr. Shawn Herrington, who were present with their family, to receive the resolutions. On motion of Mr. Gecker, seconded by Mr. Warren, the Board adopted the following resolution: WHEREAS, the Boy Scouts of America was incorporated by Mr. William D. Boyce on February 8, 1910, and was chartered by Congress in 1916; and WHEREAS, the Boy Scouts of America was founded to build character, provide citizenship training and promote physical fitness; and WHEREAS, after earning at least twenty-one merit badges in a wide variety of skills including leadership, service and outdoor life, serving in a leadership position in a troop, carrying out a service project beneficial to their community, being active in the troop, demonstrating Scout spirit, and living up to the Scout Oath and Law Mr. Garrett Scottow, Mr. Aaron Capek, Mr. Clay Prosise and Mr. Stephen wood, all of Troop 800, sponsored by Bethel Baptist Church, and Mr. Zane Underwood, Mr. Shawn Herrington and Mr. Patrick Allen, all of Troop 876, sponsored by Mount Pisgah United Methodist Church, have accomplished those high standards of commitment and have reached the long-sought goal of Eagle Scout which is .received by only four percent of those individuals entering the Scouting movement; and WHEREAS, growing through their experiences in Scouting, learning the lessons of responsible citizenship, and endeavoring to prepare themselves for roles as leaders in society, Garrett, Aaron, Clay, Stephen, Zane, Shawn and Patrick have distinguished themselves as members of a new generation of prepared young citizens of whom we can all be very proud. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 12th day of February 2009, hereby extends its congratulations to Mr. Garrett Scottow, Mr. Aaron Capek, Mr. Clay Prosise, Mr. Stephen Wood, Mr. Zane 09-88 02/12/09 Underwood, Mr. Shawn Herrington and Mr. Patrick Allen and acknowledges the good fortune of the county to have such outstanding young men as its citizens. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. (It is noted Mr. Capek was unable to attend the meeting and receive his resolution.) Mr. Warren and Mr. Gecker presented the executed resolutions and badges to the scouts, congratulated them on their achievements and wished them well in future endeavors. Mr. Scottow, Mr. Prosise, Mr. Wood, Mr. Underwood, Mr. Herrington and Mr. Allen each presented details of their Eagle Scout projects and expressed appreciation- to their parents for their support. 15. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED MATTERS There were no speakers at this time. 16. PUBLIC HEARINGS There were no Public Hearings at this time. 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 Ms. Durfee, the Board adjourned at 6:47 p.m. to February 25, 2009, at 3:00 p.m. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. J J J mes .L. St maier County Administrator Arthur S. Warren Chairman 09-89 02/12/09