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2009-03-25 MinutesBOARD OF SUPERVISORS MINUTES March 25, 2009 C 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 Ms. Debbie Burcham, Exec. Dir., Community Services Board Mr. Kevin Bruny, Dean, Chesterfield University Mr. Joe Campbell, Dir., Juvenile Detention Mr. Allan 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. Jonathan Davis, Dir., Real Estate Assessments Mr. Will Davis, Dir., Economic Development Mr. William Dupler, Building Official Colonel Thierry Dupuis, Police Department Mr. Robert Eanes, Asst. to the County Administrator Mr. Michael Golden, Dir., Parks and Recreation Mr. John W. Harmon, Real Property Manager Mr. Russell Harris, Mgr. of Community Development Services Mr. Thomas E. Jacobson, Dir., Revitalization Mr. William E. Johnson, Deputy County Admin., Management Services Mr. Donald Kappel, Dir., Public Affairs Mr. Rob Key, Director, General Services Mr. Michael Likins, Coop. Extension Director Ms. Mary Lou Lyle, Dir., Accounting 09-163 03/25/09 Mr. Mike Mabe, Director, Libraries Mr. Richard M. McElfish, Dir., Env. Engineering Mr. Steven L. Micas, County Attorney Dr. William Nelson, Dir., Health Dept. Mr. Jay Payne, Asst. to Dep. County Administrator Sheriff Dennis Proffitt, Sheriff's Department Ms. Karen F. Russell, Risk Manager Chief Edward Senter, Fire Department Mr. M. D. Stith, Jr., Deputy County Admin., Community Development Mr. Thomas Taylor, Dir., Block Grant Office Mr. Richard Troshak, Dir., Emergency Communications Center Mr. Kirk Turner, Dir., Planning Mr. Warren called the regularly scheduled meeting to order at 3:09 p.m. 1. APPROVAL OF MINUTES FOR MARCH 11, 2009 On motion of Mr. Holland, seconded by Ms. Durfee, the Board approved the minutes of March 11, 2009, as submitted. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 2. COUNTY ADMINISTRATOR'S COMMENTS 2.A. COUNTY ADMINISTRATOR'S REPORT Mr. Stegmaier provided an update regarding the county's response to the Federal Government's Stimulus Package. He stated the county has formed a team of leaders from departments to review the Stimulus Package to identify the requirements of the funding. He further stated the county has received additional funding through the efforts of our congressional delegation for the Meadowville interchange. 2.B. PRESENTATION FROM FIREMAN'S FUND INSURANCE COMPANY TO THE FIRE AND EMERGENCY MEDICAL SERVICES DEPARTMENT Ms. Kathy O'Toole, Territorial Sales Director, Fireman's Fund Insurance Company and Mr. John Stanchina, Thomas Rutherfoord, Inc., Senior Vice-President-Division Manager, presented a check for $12,000 to Chief Senter for the Fire Department to J J J 09-164 03/25/09 purchase firefighting equipment to assist the firefighters in protecting the citizens of Chesterfield County. ^i Mr. Warren stated the Board is extremely proud of the Fire Department for all of the work they do. Mr. Stegmaier expressed appreciation for the contribution to assist with the safety of the firefighters. 3. BOARD MEMBER REPORTS Ms. Jaeckle stated a constituents meeting is scheduled in the Bermuda District on March 26 at 2:00 p.m. at the Enon Fire Station. Mr. Warren stated a constituents meeting is scheduled in the Clover Hill District on March 30 at 7:00 p.m. at Manchester Middle School. 4. REQUESTS TO POSTPONE AGENDA ITEMS AND ADDITIONS, DELETIONS OR CHANGES IN THE ORDER OF PRESENTATION There were no requests at this time. 5. RESOLUTIONS 5.A. RECOGNIZING CASE MEIJER FOR HIS COURAGEOUS ACTIONS Chief Senter introduced Mr. Case Meijer, who was present along with his mother, to receive the resolution. On motion of the Board, the following resolution was adopted: WHEREAS, a devastating fire occurred within the Meijer family's Brandermill residence on the early morning of February 2, 2009; and WHEREAS, Case Meijer attended the Second Grade Fire Safety education, delivered by Chesterfield Fire and EMS through the Fire and Life Safety House training trailer, at Alberta Smith Elementary School in 2006; and WHEREAS, Case was mindful of his training and education, quickly recognizing the dangerous conditions and awakening and alerting his sleeping parents and three sisters to the need to escape from fire; and WHEREAS, Case immediately went to the aid of his youngest two sisters, alerting and assisting them in escaping, as thick smoke began filling their upstairs bedroom; and WHEREAS, Case guided his sisters by hand, alerted his oldest sister by yelling, and crawled with all three low on the floor through the smoke-filled hallway, leading them down the stairs and to the exit; and WHEREAS, the quick thinking and action on the part of Case ultimately prevented a tragic outcome for this family; and 09-165 03/25/09 WHEREAS, Case's actions reinforce the value of the Fire and Life Safety Education that is delivered to the students of our schools; and WHEREAS, increasing public awareness of fire, .fire prevention and home escape is one of the specific responsibilities of Chesterfield County Fire and Emergency Medical Services. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, the Chesterfield Fire and Emergency Medical Services, and the citizens of the County of Chesterfield, this 25th day of March 2009, publicly recognize the extraordinary courage and leadership exhibited by Case Meijer on behalf of his family and express sincerest appreciation for the example set forth for the families that we serve. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. Mr. Warren presented the executed resolution to Case and praised him for his brave actions. 5.B. RECOGNIZING CAREER DETECTIVE EARL S. "JODY" BRUNNER, POLICE DEPARTMENT, UPON HIS RETIREMENT Colonel Dupuis introduced Career Detective Earl S. "Jody" Brunner, who was present along with his wife, to receive the resolution. On motion of the Board, the following resolution was adopted: WHEREAS, Career Detective Earl S. "Jody" Brunner will retire from the Chesterfield County Police Department on April 1, 2009, after providing 30 years of quality service to the citizens of Chesterfield County; and WHEREAS, Career Detective Brunner began his career with the Chesterfield County Police Department as a Police Aide; and WHEREAS, Career Detective Brunner was one of the charter members and served as the first president of the Chesterfield County Law Enforcement Post 609; and WHEREAS, Career Detective Brunner has faithfully provided the county with twenty-nine years of law enforcement service in the capacity of Patrol Officer, D.A.R.E. (Drug Abuse Resistance Education) Officer, Detective, Senior Detective, Master Detective and Career Detective; and WHEREAS, during his tenure as a D.A.R.E. Officer, Career Detective Brunner received an award from the Greater Richmond Informed Parents for drug abuse education and a State of Virginia Governor's Award for Substance Abuse Prevention; and WHEREAS, Career Detective Brunner received the Chief of Police Special Award for organizing a fund raiser that generated $10,500, which was presented to the New York State Fraternal Order of Police, World Trade Center Disaster Relief J J J 09-166 03/25/09 Fund, and the funds assisted families who lost loved ones on September 11, 2001, and provided financial assistance and other necessary services to other fellow law enforcement officers, and their family members, who were seriously injured during the rescue and recovery mission; and ^~ C•7 WHEREAS, Career Detective Brunner was the recipient of a Chief's Commendation Award for his dedication to the resolution of an investigation that led to evidence that revealed an individual had attempted to kill his wife, who lived in Florida, and who had also been manufacturing the deadly toxin Ricin, when Detective Brunner served as a liaison between federal agencies and testified in Federal Court, Southern District of Florida, where the suspect was convicted of two bombings; and WHEREAS, Career Detective Brunner received a United States Attorney's Office, Eastern District of Virginia, Public Service Award for the investigation and arrest of three subjects from the countries of Russia and Estonia, who were impersonating Federal Immigration Officials and selling counterfeit documents to immigrants within the United States; and WHEREAS, Career Detective Brunner served on the Joint Terrorism Task Force, as the liaison between the FBI and Chesterfield County on all terrorist issues; and the citizens of Chesterfield County; and WHEREAS, Career Detective Brunner has received numerous letters of thanks and appreciation for service rendered from WHEREAS, Career Detective Brunner has provided the Chesterfield County Police Department with many years of loyal and dedicated service, and Chesterfield County and the Board of Supervisors will miss Career Detective Brunner's diligent service. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 25th day of March 2009, publicly recognizes Career Detective Earl S. "Jody" Brunner, 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 Career Detective Brunner, 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. Warren presented the executed resolution to Career Detective Brunner and congratulated him on his retirement. Mr. Stegmaier presented a county watch and an acrylic statue to Career Detective Brunner and expressed appreciation for his years of service to the county. Career Detective Brunner expressed appreciation for the opportunity to have worked for Chesterfield County. 09-167 03/25/09 6. WORK SESSIONS 6.A. THE COUNTY ADMINISTRATOR'S FY2010 PROPOSED BUDGET INCLUDING THE FOLLOWING PRESENTATIONS: 6.A.2. COMMUNITY DEVELOPMENT DIVISION Mr. Stith presented an overview of Community Development's FY2010 proposed budget. He stated the Community Development division is dedicated to promoting economic prosperity; providing a high quality of life for present and future generations; and managing change in Chesterfield County. He reviewed expenditures, revenues and reductions for the Community Development division. He stated the Jefferson Davis Highway Corridor study has been completed and reviewed the results. He reviewed the progress of the Stonebridge and East Midlothian Turnpike area Community Development Authority. He further reviewed the accomplishments of Building Inspections to include conducting building code training to over 2,200 contractors; responding to over 500 citizen requests; and certifying inspectors to conduct erosion and sediment inspections. He provided details to the Board regarding the costs and goals of the pro-active code enforcement initiative. He stated jobs in Chesterfield increased to 121,942 as of June 2008 and businesses increased to 7,423. He further stated Economic Development successes for 2008 included $138.3 million in new investment; 11 new announced facilities; 6 announced existing industry project expansions; and the announcement of 668 new jobs. He reviewed 2008 Economic Development highlights, including establishing the "Business Expansion Incentive Fund", receiving a NACo Achievement Award for "Business First Chesterfield", and opening of the first office buildings and retail store in Watkins Centre. He discussed initiatives and provided details of Environmental Engineering efforts, including the Dundas Road Drainage Project. He reviewed 2008 accomplishments in Planning, including the approval of the Upper Swift Creek Plan and Northern Courthouse Road Community Plan and adoption of the Neotraditional Zoning District. He reviewed 2008 accomplishments in Transportation, including the McEnnally Road Widening Project; Beulah Road Reconstruction Project; and receipt of supplemental federal funds for transportation projects. He stated the Utilities Department is one of only three water and sewer utilities in the nation to have the highest bond ratings from all three rating agencies. He provided details of the proposed increase for user fees. He thanked the Board for its continued support. Mr. Warren and Mr. Holland expressed appreciation for the thorough presentation. 6.A.3. COMMUNITY DEVELOPMENT BLOCK GRANT Mr. Thomas Taylor presented an overview of the FY2009-2010 budget for the Community Development Block Grant (CDBG)and HOME Investment Partnership Fund. He reviewed the uses for grants received and the statutory goals, broad national objectives and local priorities of the programs. He provided a breakdown of direct county savings through the program. He stated FY2008-2009 successes included providing public service activities to more than 22,004 county residents. He reviewed expenditures, housing activities and allocations from FY2008-2009. He further reviewed current multi-year non-housing projects to include Dundas Road Drainage Project; Cogbill Road/Chesterwood Drive Sidewalk; and Winchester Greens Infrastructure Improvements. He provided FY2009 proposed budget totals for CDBG and HOME Investment J J J 09-168 03/25/09 Partnership Fund. He reviewed FY2009 CDBG funding requests and recommendations in the categories of Code Enforcement, Economic Development, Housing, Public Service, and Planning and Administration. C ^i 6.A.1. GENERAL GOVERNMENT DIVISION Mr. Carmody presented an overview of the proposed FY2010 budget for General Government offices. He provided details related to structure, overall mission, and contributions. He presented a budget summary, which included the proposed budget reductions. 7. DEFERRED ITEMS There were no Deferred Items at this time. 8. NEW BUSINESS 8.A. APPOINTMENTS On motion of Mr. Gecker, seconded by Mr. Holland, the Board suspended its rules to allow simultaneous nomination/ appointment/reappointment of members to serve on the Airport Advisory Board. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 8.A.1. AIRPORT ADVISORY BOARD On motion of Mr. Gecker, seconded by Mr. Holland, the. Board simultaneously nominated/appointed/reappointed the following individuals to serve on the Airport Advisory Board, whose terms will expire on March 25, 2012: NAME DISTRICT Mr. Steven O'Leary Midlothian Mr. W. Ken Whitaker Dale Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 8.B. CONSENT ITEMS 8.B.1. ADOPTION OF RESOLUTIONS 8.B.l.a. RECOGNIZING APRIL 12-18, 2009, AS "NATIONAL PUBLIC SAFETY TELECOMMUNICATIONS WEEK" On motion of Mr. Gecker, seconded by Ms. Durfee, the Board adopted the following resolution: WHEREAS, emergency communications officers daily serve the public in countless ways without regard for recognition received for services rendered; and WHEREAS, emergency communications officers are more than a calm and reassuring voice, but are knowledgeable and highly trained individuals who work closely with police, fire, medical, animal control and sheriff personnel in the management of vital government communications and other services that affect the health and safety of our citizens; and 09-169 03/25/09 WHEREAS, the work of these "first responders" is invaluable in emergency situations, and our citizens' health, safety, and well-being, are often dependent on the commitment and devotion of emergency communications officers; and WHEREAS, emergency communications officers of the Chesterfield Emergency Communications Center work to improve the emergency response capabilities through their leadership and participation in training and other activities; and WHEREAS, each emergency communications officer has exhibited compassion, understanding and professionalism during the performance of their job in the past year. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes the week of April 12- 18, 2009, as "National Public Safety Telecommunications Week" in Chesterfield County, in honor of the men and women whose diligence and professionalism keep our county and citizens safe . Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 8.B.l.b. RECOGNIZING MR. ADAM MATTHEW DYKE UPON ACHIEVING THE RANK OF EAGLE SCOUT On motion of Mr. Gecker, seconded by Ms. Durfee, the Board adopted the following resolution: WHEREAS, the Boy Scouts of America was incorporated by Mr. William D. Boyce on February 8, 1910, and was chartered by Congress in 1916; and WHEREAS, the Boy Scouts of America was founded to build character, provide citizenship training and promote physical fitness; and WHEREAS, after earning at least twenty-one merit badges in a wide variety of skills including leadership, service and outdoor life, serving in a leadership position in a troop, carrying out a service project beneficial to his community, being active in the troop, demonstrating Scout spirit, and living up to the Scout Oath and Law; and WHEREAS, Mr. Adam Matthew Dyke, Troop 2822, sponsored by Bethia United Methodist Church, has accomplished those high standards of commitment and has 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 his experiences in Scouting, learning the lessons of responsible citizenship, and endeavoring to prepare himself for a role as a leader in society, Adam has distinguished himself as a member of a new generation of prepared young citizens of whom we can all be very proud. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 25th day of March 2009, hereby extends its congratulations to Mr. Adam Matthew Dyke and acknowledges the good fortune of the county to have such an outstanding young man as one of its citizens. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. J J J 09-170 03/25/09 8.B.2. SET DATES FOR PUBLIC HEARINGS C~ 8.B.2.a. TO CONSIDER A RESOLUTION AUTHORIZING AND PROVIDING FOR THE ISSUANCE, SALE AND DELIVERY OF UTILITY WATER AND SEWER REVENUE BONDS, SERIES 2009 On motion of Mr. Gecker, seconded by Ms. Durfee, the Board set April 15, 2009, at 6:30 p.m. for a public hearing to consider a resolution which 1) authorizes and provides for the issuance, sale and delivery of up to a maximum aggregate principal amount not to exceed $50,000,000 utility water and sewer revenue bonds, Series 2009; and 2) declares the official intent of the county to reimburse itself from the proceeds of the utility revenue bonds for expenditures made with respect to the projects prior to the issuance and receipt of the proceeds. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 8.B.2.b. TO CONSIDER AMENDING THE COUNTY CODE RELATING TO CROSS-CONNECTION CONTROL AND BACRFLOW PREVENTION On motion of Mr. Gecker, seconded by Ms. Durfee, the Board set April 29, 2009, for a public hearing to consider amending the County Code relating to cross-connection control and backflow prevention. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 8.B.2.c. TO CONSIDER AMENDING THE COUNTY CODE RELATING TO THE SEWER USE ORDINANCE FOR INDUSTRIAL WASTE ' L 1 r7l:l'1l~tCl7L' .7- On motion of Mr. Gecker, seconded by Ms. Durfee, the Board set April 29, 2009, for a public hearing to consider amendments to the County Code relating to the Sewer Use Ordinance for Industrial Waste Discharges. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 8.B.3. REQUESTS FOR PERMISSION 8.B.3.a. FROM RIVERMONT CONDOMINIUMS, INCORPORATED FOR CONCRETE DRIVEWAYS AND SIDEWALKS TO ENCROACH WITHIN A SIXTEEN-FOOT WATER EASEMENT ACROSS THE PROPERTY OF RIVERMONT CONDOMINIUMS, INCORPORATED On motion of Mr. Gecker, seconded by Ms. Durfee, the Board approved the request for permission from Rivermont Condominiums, Incorporated for concrete driveways and sidewalks to encroach within a 16-foot water easement across its property, subject to the execution of a license agreement. (It is noted copies of the plats are filed with the papers of this Board.) Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 09-171 03/25/09 8.B.3.b. FROM CARL R. AND ROBIN L. DERUBEIS FOR A PROPOSED FENCE TO ENCROACH WITHIN AN EIGHT-FOOT EASEMENT ACROSS LOT 11, MALLORY VILLAGE, SECTION A AT CHARTER COLONY On motion of Mr. Gecker, seconded by Ms. Durfee, the Board approved the request for permission from Carl R. and Robin L. DeRubeis for a proposed fence to encroach within an 8-foot easement across Lot 11, Mallory Village, Section A at Charter Colony, subject to the execution of a license agreement. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 8.B.3.c. FROM WALLACE G. AND RUTH B. HARRIS FOR PROPOSED LANDSCAPING TO ENCROACH WITHIN A SIXTEEN-FOOT DRAINAGE EASEMENT AND AN EIGHT-FOOT EASEMENT ACROSS LOT 20, MADISON VILLAGE, SECTION A AT CHARTER COLONY On motion of Mr. Gecker, seconded by Ms. Durfee, the Board approved the request for permission from Wallace G. and Ruth B. Harris for proposed landscaping to encroach within a 16- foot drainage easement and an 8-foot easement across Lot 20, Madison Village, Section A at Charter Colony, subject to the execution of a license agreement. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 8.B.3.d. FROM DANNY R. AND JOYCE M. NELSON TO INSTALL A PRIVATE SEWER SERVICE WITHIN A PRIVATE EASEMENT TO SERVE PROPERTY ON ROYAL BIRKDALE DRIVE On motion of Mr. Gecker, seconded by Ms. Durfee, the Board approved the request for permission from Danny R. Nelson and Joyce M. Nelson to install a private sewer service within a private easement, subject to the execution of a license agreement 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. 8.B.4. ACCEPTANCE OF PARCELS OF LAND 8.B.4.a. ALONG TURNER ROAD FROM CORNERSTONE BAPTIST CHURCH On motion of Mr. Gecker, seconded by Ms. Durfee, the Board accepted the conveyance of a parcel of land containing 0.007 acres along Turner Road from. Cornerstone Baptist Church and authorized the County Administrator to execute the deed. (It J J J 09-172 03/25/09 is noted a copy of the plat is filed with the papers of this Board.) l~J ^r Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 8.B.4.b. ALONG EAST HUNDRED ROAD FROM BEVERLY L. PARTIN, ELIZABETH A. HATCH AND BOLLING S. PARTIN, SR. On motion of Mr. Gecker, seconded by Ms. Durfee, the Board accepted the conveyance of a parcel of land containing 0.036 acres along East Hundred Road from Beverly L. Partin, Elizabeth A. Hatch and Bolling S. Partin, Sr. 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.4.c. ALONG EAST HUNDRED ROAD FROM RCC, L.L.C. On motion of Mr. Gecker, seconded by Ms. Durfee, the Board accepted the conveyance of a parcel of land containing 0.134 acres along East Hundred Road from RCC, L.L.C. 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. AUTHORIZE THE COUNTY ADMINISTRATOR TO EXECUTE A I:ViV51"KUI:'1'1VN (:VN'1'RAC'1' FOR RENOVATION OF MAINTENANCE DRIVES AND WALKWAYS AT BASEBALL FIELDS TEN THROUGH THIRTEEN AT HARRY G. DANIEL PARK On motion of Mr. Gecker, seconded by Ms. Durfee, the Board authorized the County Administrator to execute a construction contract with Branders Bridge Landscaping for renovation of maintenance drives and walkways at Baseball Fields 10-13, at Harry G. Daniel Park, in the amount of $184,500. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 8.B.6. APPROPRIATION OF BMP REVENUES TO REIMBURSE DEVELOPER OF FOX CREEK SUBDIVISION On motion of Mr. Gecker, seconded by Ms. Durfee, the Board appropriated $130,906.48 from the Upper Swift Creek Pro Rata Funds to reimburse the developer of Fox Creek Subdivision. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 09-173 03/25/09 The following item was pulled for Board comment from the Consent Agenda: 8.B.l.c. NAMING THE MEADOWDALE LIBRARY MEETING ROOM IN HONOR OF MR. KELLY E. MILLER, FORMER MEMBER AND FORMER CHAIRMAN OF THE CHESTERFIELD COUNTY BOARD OF SUPERVISORS REPRESENTING THE DALE DISTRICT Mr. Holland stated Mr. Kelly E. Miller served the Board as the Dale District Supervisor from January 2000 through December 2007 and during that period, served as its chairman in 2002, 2004 and 2007. He further stated prior to his tenure on the Board of Supervisors, Mr. Miller served his constituents and the county on the Planning Commission from January 1982 through December 1999. He stated Mr. Miller is a man of high moral character, patriotism, honor, intelligence and commitment and his long service on the Board and the Commission contributed greatly to Chesterfield County becoming the "First Choice" community it is today. He further stated it was with great pleasure and deep respect that he recommends approval of the resolution naming the meeting room of the new Meadowdale Library for Mr. Kelly E. Miller in recognition of his dedicated service to the constituents of the Dale Magisterial District. Mr. Warren stated he had the pleasure of serving with Mr. Miller on the Planning Commission and the Board of Supervisors. Mr. Holland then made a motion, seconded by Mr. Warren, for the Board to adopt the following resolution: WHEREAS, Mr. Kelly E. Miller was elected to the Chesterfield County Board of Supervisors, representing the Dale District, beginning in January 2000 and serving continuously until December 2007, after winning re-election to a second term in 2003; and WHEREAS, Mr. Miller served as chairman in 2002, 2004, and 2007; and WHEREAS, during Mr. Miller's term as chairman, the 2004 Bond Referendum was passed that included funding to provide for improvements in library facilities and technology throughout the county; and WHEREAS, Mr. Miller supported,. as one of the Bond Referendum projects, improvements to the Meadowdale Library facility, which was located in a renovated medical building; and WHEREAS, as a result of Mr. Miller's support, a new library was constructed that provides many improvements in service over the old facility; and WHEREAS, these improvements include an open, inviting design, additional parking, more reader seating, a distinct children's area, more public computers along with wireless services to improve public access to information, additional space to add more library materials, and a larger public meeting room; and J J J 09-174 03/25/09 WHEREAS, this new Meadowdale Library has been a significant improvement in library services in this area of the county; and ^i~ WHEREAS, the new Meadowdale Library, which opened in November 2008, will enhance the library's role as an important community space. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes and applauds the untiring efforts of Mr. Kelly E. Miller to improve the quality of life of Chesterfield County citizens as exemplified by the improvements in library service accomplished by the new Meadowdale Library and hereby names the meeting room of the Meadowdale Library in his honor. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 9. REPORTS 9.A. REPORT ON DEVELOPER WATER AND SEWER PROJECTS 9.B. REPORT ON STATUS OF GENERAL FUND BALANCE, RESERVE FOR FUTURE CAPITAL PROJECTS, DISTRICT IMPROVEMENT FUNDS AND LEASE PURCHASES On motion of Ms. Durfee, seconded by Mr. Holland, the Board accepted the following reports: A Report on Developer water and Sewer Contracts and a Report on Status of General Fund Balance, Reserve for Future Capital Projects, District Improvement Funds, 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: 12. INVOCATION Reverend Brandon Robbins, Chester United Methodist Church gave the invocation. 09-175 03/25/09 13. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Fire Chief Edward Senter led the Pledge of Allegiance to the Flag of the United States of America. 14. RESOLUTIONS There were no Resolutions at this time. 15. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED MATTERS There were no speakers at this time. 16. PUBLIC HEARINGS Mr. Warren stated the scheduled public hearings are a time for the Board to listen to the citizens' concerns. He further stated the Board would not be making any decisions on the public hearing items at this meeting. Mr. Carmody presented summaries of the total FY2010 proposed budget; proposed 2009 budget tax rates; the FY2010 general fund revenues and expenditures; the proposed fee changes for FY2010; the FY2010 proposed Community Development Block Grant and HOME Investment Programs; and the proposed Capital Improvement Program (CIP) for FY2010-FY2015. Ms. Jaeckle stated one of the proposed reductions is to change the collection of recyclables from every two weeks to once a month. She requested that Mr. Charlie Dane provide a brief explanation of the proposal. Mr. Dane provided a brief explanation of the proposed changes in relation to the usage percentage throughout the county. In response to Ms. Durfee's question, Mr. Dane stated the benchmarking localities varied in population and size. He further stated Chattanooga, Tennessee had similar participation rates as Chesterfield County. 16.A. TO CONSIDER A PROPOSED ORDINANCE AMENDMENT RELATING TO SEWER CONNECTION FEES AND WATER AND SEWER USER FEES CHARGES Mr. Carmody stated this date and time has been advertised for the Board to consider a proposed ordinance amendment relating to sewer connection fees and water and sewer user fees charges. Mr. Warren called for public comment. Mr. George Beadles, a resident of the Clover Hill Magisterial District, stated he agrees with increasing the utilities fee. He further stated increases should be made annually. J J J 09-176 03/25/09 Ms. Diana Parker spoke in support of an increase in utilities fees. She stated the fees are needed to ensure the water resources will be kept clean. ^i There being no one else to address the issue, the public hearing was closed. (It is noted the ordinance amendment will be considered at the regularly scheduled Board meeting on April 15, 2009.) 16.B. TO CONSIDER PROPOSED 2009 TAX RATES Mr. Carmody stated this date and time has been advertised for the Board to consider proposed 2009 tax rates. Mr. Warren called for public comment. Mr. Fred Demey, a Matoaca District resident, stated Chesterfield County residents are overtaxed and urged the Board to act in the best interest of the citizens and reduce the tax rate. Mr. David Matthews, a Dale District resident, stated the Assessor's Office fails to levy the assessments fairly and uniformly. He further stated all assessments should be at fair market value. He urged the Board to do an independent audit of the Assessor's Office and follow up with a periodic review to ensure the law is being followed. Ms. Lois Stanton, President of the Chesterfield Education Association, requested the Board maintain the current tax rate. She stated Chesterfield County cannot afford to lower the rate any further. She urged the Board to allow the public to participate in the discussion to establish the tax rate to advertise for next year. Mr. George Beadles stated the Board needs to make the decision that will ensure Chesterfield County maintains the AAA bond rating. Mr. Heiu Nguyen spoke in opposition to the increased assessment on his property and a tax rate increase. Mr. Donald Wilms spoke in support of a tax rate increase to assist with the school funding. Mr. Frank Cardella, a teacher at Manchester High School, spoke in opposition to the decrease in funding for the school system. Mr. Ray Grubbs spoke in opposition to a higher tax rate. He stated the assessment on his property has increased by $1.2 million and he cannot afford the taxes. There being no one else to address the issue, the public hearing was closed. (It is noted the ordinance amendment will be considered at the regularly scheduled Board meeting on April 15, 2009.) 09-177 03/25/09 16.C. TO CONSIDER THE FY2010 PROPOSED COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AND THE HOME INVESTMENT PARTNERSHIP ANNUAL PLAN Mr. Carmody stated this date and time has been advertised for the Board to consider the FY2010 proposed Community Development Block Grant Program and the Home Investment Partnership annual plan. Mr. Warren called for public comment. Ms. Patricia Hood, Director of the Crater Small Business Center with Longwood University, stated their purpose is to help small businesses in the community to prosper and increase the tax base. She requested funding from the county to assist with continuing to help small businesses. Mr. George Beadles stated this portion of the budget will get the most attention even though it is the smallest amount of money. Mr. Lee Householder, Executive Director of Elder Homes Corporation, expressed appreciation for the continued support. He stated continued funding of the program will provide assistance to low income homeowners. Ms. Debbie Girvin, representing the Communities in Schools, requested the Board fund their request which would allow the continued support of at risk students and promote fewer dropouts. Ms. Brenda Hicks-Massey, representing Housing Opportunities Made Equal, requested continued support for their first time home buyer program for Chesterfield County. Mr. John Purnell, Executive Director for Friends Association for Children, requested continued support of the facility to allow for child care for the families assisted with training and career preparation program that includes personal skill development, employment readiness training, and implementation of career plans for job placement. Ms. Andrea Epps spoke in support of the pro-active code enforcement in the community. She stated some of the programs requesting funding are needed now more than ever, such as the foreclosure and default assistance. She urged the Board to consider the funding of those programs because there will be a higher need than in the past. Ms. Renee Eldred stated notification of the Community Development Block Grant public meetings was not on the website and she was unable to find any information about the meetings in the newspaper. She urged the Board to ensure the notifications are on the website. Mr. Steve Thomas, representing Habitat for Humanity, stated 56 new houses have been added to Chesterfield County, adding over $6 million to the tax base . He further stated Habitat for Humanity currently has a project containing 7 new homes near the Cloverleaf project. He requested CDBG funding so that Habitat for Humanity can continue to serve low and very- low income families, strengthening the county's commitment that all of its citizens have access to affordable housing. J J J 09-178 03/25/09 Mr. John Anderson, a Midlothian resident and small business owner, spoke in support of the Southside Community Development request. He stated this request will allow additional affordable workforce housing in the community. There being no one else to address the issue, the public hearing was closed. (It is noted the ordinance amendment will be considered at the regularly scheduled Board meeting on April 15, 2009.) 16.D. TO CONSIDER THE PROPOSED FY2010-FY2015 CAPITAL IMPROVEMENT PROGRAM ~_J ^~ Mr. Carmody stated this date and time has been advertised for the Board to consider the proposed FY2010-FY2015 Capital Improvement Program. Mr. Warren called for public comment. Mr. Ram Penchasara addressed the Board regarding the investment in the intermediate care facility (ICF) building requested by the Community Services Board. He urged the Board to help Chesterfield County take care of its own. Ms. Nancy Briggs, a member of the Community Services Board, addressed the Board regarding the funding need to build a new intermediate care facility in Chesterfield County. She stated an ICF is a good investment because early .research indicates 100% of the cost of operation for the program is reimbursed through Federal and State Medicaid funding. She requested the county reprioritize the funding to assist with taking care of the fragile residents. Mr. Vince Burgess, a Clover Hill District resident, addressed the Board regarding the funding request for the ICF. He urged the Board to fund the request to assist the adults with mental handicaps. Ms. Kathy McBurnie requested the Board fund the ICF, which will assist these adults on their upward climb through society. Ms. Elaine Carey, whose child has cerebral palsy and resides at a children's facility, requested the Board fund the ICF through the Capital Improvement Program. She stated the ICF will allow these citizens to obtain the level of skilled care that is needed. Ms. Trish Angle urged the Board to fund the ICF request through the Capital Improvement Program. Mr. George Beadles stated the six-year Capital Improvement Program is very important. He urged the citizens to start requesting funding every year until it is the year for the project to be funded. Mr. Dave Hammond, Vice President of the Professional Firefighters Association, addressed the Board relative to the Capital Improvement Program for the Fire Department. He thanked the Board for the funding allocated to the Fire 09-179 03/25/09 Department last year. He stated some of the major areas needing funding includes apparatus replacement, equipment replacement and facilities repairs. He further stated it is important to have a comprehensive spending plan to set aside funding for these needs. Ms. Andrea Epps stated the Board needs to fund new facilities where they are needed or the Board may potentially be wasting millions of dollars. Mr. Joel Bradner, President of Brandermill Community Association, stated education and public safety projects are most directly related to the quality of life in Chesterfield. He urged the Board to involve the public at the beginning of process. There being no one else to address the issue, the public hearing was closed. (It is noted the ordinance amendment will be considered at the regularly scheduled Board meeting on April 15, 2009.) 16.E. TO CONSIDER THE PROPOSED FY2010 BUDGET Mr. Carmody stated this date and time has been advertised for the Board to consider the proposed FY2010 budget. Mr. Warren called for public comment. Ms. Courtney Lewis McGrath, a Coordinator for Resources for Independent Living, thanked the Board for their continued support. Ms. Eleanor Fischer, a consumer for Resources for Independent Living, expressed appreciation for the Board's support. Mr. Jason Young, Executive Director for Community Futures Foundation, which operates the Mill House, stated the Mill House is an innovative community club house program for citizens who are survivors of brain injury. He stated survivors of brain injury have few resources to go to throughout the Commonwealth. He further stated since opening in 1999, the Mill House has served over 275 survivors of brain injury. He stated Chesterfield County currently has over 6,000 citizens suffering from brain injury. He requested that the Board consider the funding request from the Mill House. Ms. Gloria Stumm, whose son is a 26-year survivor of brain injury, expressed appreciation for the opportunity to speak before the Board. She stated the Mill House provides their clients with a purpose to their day. She requested that the Board consider funding for the Mill House. Mr. Tom Stumm, a brain injury survivor, expressed opportunity to speak to the Board. He stated survivors of brain injury need support like The Mill House to assist with rehabilitation of motor skills and speech. He urged the Board to appropriate funding for The Mill House. Ms. Erica Trout, a member of Chesterfield County Recycle Twice Program, stated Chesterfield has the highest recycling J J J 09-180 03/25/09 rate in the metropolitan area and monthly collections will result in more trash going to landfills. She urged the Board to consider keeping the bi-weekly schedule for recycle pick up. ~=J ^i Mr. Mike Benedetto, President and owner of TCF Recycling, urged the Board to not reduce the amount of collections of recyclables. Mr. Henry McLaughlin, representing the Central Virginia Legal Aid Society, provided a brief history of the work the Society does for the citizens of Chesterfield County. He stated the case load has continued to increase during the tough economic times. He requested the Board provide funding to assist with the mission of providing free legal services to those with low incomes and the elderly. Mr. Richard Ritsch spoke in support of the Central Virginia Legal Aid Society's request for funding from the county. Ms. Kathy Geranious, President of Friends of the Chesterfield Public Libraries, urged the Board to not decrease the amount of hours the Public Libraries are open. She stated the Libraries give everyone a chance to succeed. Mr. Fred Demey stated the Board needs to look into the efficiency of school spending. Mr. John Remmers spoke in opposition to closing the Hull Street Police Station. He presented a petition with 1,000 signatures in support of keeping the station open. Mr. Jim O'Connell, representing Meals on Wheels, expressed appreciation for the continued support received from Chesterfield County. Ms. Kelley Riebel, representing the Latin Ballet of Virginia, requested funding to support the educational programs through the organization. She stated the Latin Ballet of Virginia provides dance therapy for children with ADHD, learning disabilities, autism and mild cerebral palsy. Ms. Andrea Brown, a member of Friends of the Chesterfield Public Libraries, resident of the Dale District, and a member of the Committee on the Future, spoke in opposition to reducing the number of hours the libraries are open. She stated the libraries provide free access to learning materials. Dr. Bill Brown spoke in opposition to the reduction of library hours. He stated the libraries lead to higher rates of success which leads to a better educated work force. Ms. Lois Stanton, President of the Chesterfield Education Association, requested the Board maintain the funding in School Board budget. She stated federal stimulus funds will provide funding over the next couple of years, however if state and local funding is not reversed the effects will be long reaching. She further stated that the school system is essential to an economically viable community, education is the backbone to our future. 09-181 03/25/09 Ms. Monica Hughes, the Executive Director of the Lifelong Learning Institute, expressed appreciation to the Board for their past support. She stated the Lifelong Learning Institute recently celebrated their five-year anniversary and surpassed 500 active members. She provided the Board with some benefits of the Lifelong Learning Institute for county citizens. She requested continued support from the Board for the Lifelong Learning Institute. Mr. Mark Smith, a member of the Lifelong Learning Institute, provided the Board with a few of the activities he has participated in the past. He requested that the Board continue supporting the Lifelong Learning Institute. Ms. Mary Hastings, a member of the Lifelong Learning Institute, stated the Institute provides opportunities to senior citizens to stay active, physically and mentally. Ms. Frankie Chambers, representing the Chesterfield Senior Center, expressed appreciation for the support of the Board in the past and requested continued support. She stated the Senior Center currently holds 50 to 60 events each month. Ms. Edith Smith expressed appreciation for the Board members visiting the Senior Center, and she urged the Board to consider additional funding for the Senior Center. She stated the Senior Center helps her grow physically and mentally. Mr. Jeff Davoud, Chairman of the Board for the Chesterfield Senior Center, provided the Board with the Center's accomplishments over the past year and requested continued support. Ms. Sharon Juozapavicius, the Executive Director of CCHASM, expressed appreciation for the opportunity to address the Board. She provided details of the services CCHASM offers to the citizens of Chesterfield County. Mr. Tim Brock, a member of the CARES Board of Directors, requested continued support from the Board. He provided details of the services for county citizens. Mr. Bill Gandel spoke in support of the CARES funding request. He stated so far this year, the regional shelter has provided 94 bed nights for domestic violence victims. Mr. Greg Beasley, President of the Chesterfield Professional Firefighters Association, representing nearly 400 members, expressed appreciation for making public safety a priority during the difficult financial times. He stated the reductions being made in the Fire Department are not sustainable in the long term. Carol Holmquist, representing the READ Center, provided details of low level literacy needs in the county. She requested continued support of the READ Center, which will allow continued availability of services to the residents. Ms. Debra Evans, representing the Chester House, requested funding for the Chester House to assist with employment of mentally challenged adults. 09-182 03/25/09 J J J Ms. Dorothy Wyatt, a consumer of the Chester House, urged the Board to not make any cuts to the programs for the consumers of the Chester House. C Mr. George Beadles, a Clover Hill District resident, stated the historical museums are needed to get the tourists here on their way to Williamsburg and Jamestown. Ms. Amy Peterson spoke in opposition to the proposed reductions in the School Board budget. She stated the children are. assets, not liabilities. Ms. Liess Vanderlinden-Brusse spoke in opposition to proposed funding reductions for the museum that would eliminate two part-time positions, who are responsible for maintaining the museums and training the volunteers. She provided the Board with the number of events and visitors to Magnolia Grange and the museum in 2008. She urged the Board to keep the doors open to history in Chesterfield County. Mr. Peter Lipowicz, President of the Chesterfield Historical Society of Virginia, stated their mission is to record Chesterfield's rich history. He further stated the Historical Society is an active place with volunteers and visitors coming in to view Chesterfield's place in history. He urged the Board to not reduce the funding for the Historical Society. Ms. Patricia Pendergrass, a 25-year employee of the school system, urged the Board to not reduce the funding for the School Board's budget. She provided details of how the reduction in funding will affect her family. Mr. Daniel Herr, Executive Director of Gateway Homes, a non- profit agency which assists adults with mental illness recover and return to the community, urged the Board to reconsider the funding request. He expressed appreciation to Ms. Durfee for visiting the facility. Ms. Sharon Robertson, President of the Chesterfield-Colonial Heights Christmas Mother Program, thanked the Board for their support in the past and requested continued support. Ms. Stella Edwards, President of Chesterfield County Council of PTAs, requested no additional funding cuts to the proposed School Board budget. She stated the children in the educational system are not responsible for the situation with the economy. Ms. Judy Stoneman commended the Board for ensuring the county and school system are held accountable for the taxes paid by the citizens. She spoke in support of the proposed reductions to the School Board's budget. She stated money is not the solution to the problems in the education system. She further stated public safety is in need of additional funding to hire and retain police officers. Mr. Jim Evans stated it would be a tragedy to close the county's museum and Magnolia Grange. He further stated those facilities are hosting more events. 09-183 03/25/09 Mr. Fred Grundeman stated the libraries in the county need increased funding due to the number of consumers using the facilities. Ms. Paulette Bradley, a Dale District resident, expressed concerns with the funding for the county schools. She stated the teachers need salary increases to insure the programs are able to continue to operate. Ms. Sandra Meijer urged the Board to not cut the fire safety programs from the schools. Mr. Ron Maxey, a Midlothian District resident and member of the Parks and Recreation Advisory Commission, spoke in support of keeping the funding for the Historical Society. He also noted that PRAC is currently working with numerous organizations to obtain more volunteers to assist with preparations of the ball fields throughout the county. Ms. Pat Eggleston, a Matoaca District resident, spoke in opposition to the pro-active code enforcement proposal. She stated it is a threat to the privacy of the tenants. Mr. Mike Hairfield, Commissioner for the Chesterfield Quarter Back League, requested the funding for the program not be reduced because the costs will be passed on to the participants. Ms. Diana Parker, a member of the Falls of James Group, Sierra Club, spoke in opposition to the proposed reduction in recycling pick up times due to the additional trash that will be put into the landfills. Mr. William Shewmake, a Midlothian District resident, urged the Board members to meet with the School Board members and discuss which programs are needed for the county. He stated the worst thing for the county to do would be to reduce its workforce. He further stated if the county requires the School Board to return any savings it finds to the general fund, then they will not have any initiative to look for further savings in the future. Mr. Freddy Boisseau spoke in opposition to the proposed pro- active code enforcement for rental properties. He stated the current building codes solve the problems. Ms. Ellen McCullogh spoke in opposition to the proposed reductions to the School Board's budget. Mr. William Branigan spoke in opposition to the proposed reduction in recycling pick ups. He stated the School Board needs to be much more transparent to the citizens of the county. Mr. James Shelton spoke in opposition to the proposed reduction in recycling pick ups in the county. Ms. Sandra Meijer spoke in support of the pro-active code enforcement proposal. She stated inspections for rental properties are needed. Mr. Frank Cardella urged the Board to consider what community they want Chesterfield to be while reviewing the budget. J J J 09-184 03/25/09 There being no one else to address the issue, the public hearing was closed. (It is noted the budget will be considered at the regularly scheduled Board meeting on April 15, 2009.) 17. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED MATTERS Dr. Bill Brown provided an update to the Board on the status of an entrapment rescue in which Chesterfield County firefighters were assisting the City of Richmond. Mr. Holland expressed appreciation for those in attendance and stated the Board is committed to residents. 18. ADJOURNMENT On motion of Ms. Durfee, seconded by Mr. Warren, the Board adjourned at 10:22 p.m. until April 15, 2009 at 3:00 p.m. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. ~J ^+M mes Ste aier ounty Administrator Arthur S. Warren Chairman 09-185 03/25/09 J J J