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2009-06-24 MinutesBOARD OF SUPERVISORS MINUTES June 24, 2009 C 0 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. Mike Bacile, Dir., Purchasing Ms. Janice Blakley, Clerk to the Board Ms. Debbie Burcham, Exec. Dir., Community Services Board Mr. Allan Carmody, Dir., Budget and Management Ms. Jana Carter, Dir., Juvenile Services Ms. Marilyn Cole, Asst. County Administrator Mr. Roy Covington, Dir., Utilities Mr. Barry Condrey, Chief Information Officer Ms. Mary Ann Curtin, Dir., Intergovtl. Relations Mr. Jonathan Davis; Dir., Real Estate Assessments Mr. Will Davis, Dir., Economic Development Colonel Thierry Dupuis, Police Department Ms. Karla Gerner, Dir., Human Resource Management 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, Dep. County Administrator, Management Services Mr. Donald Kappel, Dir., Public Affairs Mr. Rob Key, Director, General Services Ms. Kathy Kitchen, Asst. Superintendent of Schools for Business and Finance Mr. Louis Lassiter, Dir., Internal Audit Ms. Mary Lou Lyle, -Dir., Accounting Mr. John McCracken, Dir., Transportation 09-355 06/24/09 Mr. Richard M. McElfish, Dir., Env. Engineering Mr. Steven L. Micas, County Attorney Dr. William Nelson, Dir., Health Department Dr. Marcus Newsome, Supt. of Schools Mr. .Jay Payne, Asst. to Dep. County Administrator Chief Edward Senter, Fire Department Ms. Sarah Snead, Acting Deputy County Admin., Human Services Mr. M. D. Stith, Jr., Deputy County Admin., Community Development Mr. Kirk Turner, Dir., Planning Mr. Warren called the regularly scheduled meeting to order at 3:06 p.m. 1. APPROVAL OF MINUTES FOR MAY 7, 2009 JOINT MEETING WITH SCHOOL BOARD AND MAY 27, 2009 REGULAR MEETING On motion of Mr. Holland, seconded by Ms. Durfee, the Board approved the minutes for the May 7, 2009 Joint Meeting with the School Board and May 27, 2009 Regular Meeting, 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 creation of the Center for Organizational Excellence, which essentially combines the Quality Office and Chesterfield University. He stated this reorganization will enable Chesterfield County to do a better job with a smaller staff. Mr. Turner provided an update regarding the Comprehensive Plan Steering Committee. He stated all of the committee members are very excited to begin this process. He further stated a joint meeting is scheduled on July 22 at 1 pm with the Board of Supervisors, School Board and Planning Commission. Ms. Durfee stated the first meeting of the Comprehensive Plan Steering Committee was a great meeting. Mr. Warren stated the Comprehensive Plan Steering Committee working independently of the Board provides a great opportunity for the team to see the big picture. J J J 09-356 06/24/09 Mr. Stegmaier expressed appreciation to Mr. William Johnson for his service to Chesterfield County and stated his last day with the county is July 2. C ~J C In response to Mr. Holland's question, Mr. Stegmaier stated staff can compile a list of the consolidations/efficiencies made throughout the organization for citizens. Ms. Durfee stated the opening of the Radcliff Trail in Matoaca on June 6 had good attendance. She expressed appreciation for the partnership with Alliance Engineering and the Parks and Recreation Department. 3. BOARD MEMBER REPORTS Mr. Golden stated the Radcliffe Trail opening was a great event and was a case where a private property owner dedicated the land to the county. He stated Alliance Engineering was instrumental in building the trail. Mr. Warren stated recently he was at Rockwood Park and noticed the tremendous participation in sports by the citizens of Chesterfield County. Mr. Golden stated the Parks and Recreation Department has in excess of 4 million visits to the parks in the county. Mr. Gecker stated a community meeting is scheduled for the Midlothian District on Monday, June 24, at 7:00 p.m. at Crestwood Elementary School to review the Comprehensive Plan process. 4. REQUESTS TO POSTPONE AGENDA ITEMS AND ADDITIONS, DELETIONS OR CHANGES IN THE ORDER OF PRESENTATION On motion of Mr. Holland, seconded by Ms. Durfee, the Board added Item 8., Authorization to Refer to the Planning Commission Proposed Reductions in Planning Fees for Certain Commercial Activities; added Item 8.A.4., Nomination and Appointment of Members to the Chesterfield County Comprehensive Plan Steering Committee; added Item 8.C.17.c., Request for Music/Entertainment Festival Permit for the Chesterfield Jaycees for their Mid-Week Concert Series; and replaced Item 8.C.20., FY2009 Year End Adjustments. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 5. RESOLUTIONS 5.A. RECOGNIZING MR. JAMES SPENCER FOR HIS SERVICE TO THE CHESTERFIELD COUNTY ECONOMIC DEVELOPMENT AUTHORITY Mr. Davis introduced Mr. James Spencer, who was present to receive the resolution. On motion of the Board, the following resolution was adopted: WHEREAS, Mr. James A. Spencer has served with distinction as a member of the Economic Development Authority 09-357 06/24/09 from July 1, 1985 through June 30, 2009, to include the position of Chairman from July 2003 to June 2007; and WHEREAS, Mr. Spencer played an integral role in defining the county's Vision for Meadowville Technology Park; and WHEREAS, Mr. Spencer was instrumental in the acquisition of land and development of infrastructure projects and master planning for Meadowville Technology Park to facilitate the location of the Park's first tenant in 2007, Northrop Grumman IT; and WHEREAS, Mr. Spencer has assisted in the acquisition of property and formulation of a redevelopment plan for Cloverleaf Mall; and WHEREAS, Mr. Spencer has provided guidance and leadership on numerous economic and community development projects for the betterment of Chesterfield County and its residents; and WHEREAS, Mr. Spencer has faithfully and diligently performed the duties assigned to him as a member of the Authority, consistently demonstrating leadership, understanding, and commitment to the issues coming before the Economic Development Authority during his tenure. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 24th day of June 2009, publicly recognizes Mr. James A. Spencer, and expresses appreciation for his valuable time and commitment to Chesterfield County while serving on the Economic Development Authority of the County of Chesterfield, Virginia. AND, BE IT FURTHER RESOLVED that a copy of this resolution be presented to Mr. Spencer and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. Mr. Holland presented the executed resolution to Mr. Spencer and expressed appreciation for his contributions and dedication to Chesterfield County. Mr. Spencer expressed appreciation for the privilege to have worked with Chesterfield County. 5.B. RECOGNIZING CAREER DETECTIVE SANDRA E. HUMPHRIES, POLICE DEPARTMENT, UPON HER RETIREMENT Col. Dupuis introduced~Career Detective Sandra Humphries, who was present, along with members of her family, to receive the resolution. On motion of the Board, the following resolution was adopted: WHEREAS, Career Detective Sandra E. Humphries will retire from the Chesterfield County Police Department on July 1, 2009, after providing over 28 years of quality service to the citizens of Chesterfield County; and J J J 09-358 06/24/09 WHEREAS, Career Detective Humphries began her career with the Chesterfield County Purchasing Department and later transferred to the Police Department where she served as Secretary and then progressed to Information Retrieval Specialist; and C~ ^! WHEREAS, Career Detective Humphries has faithfully served the county during her law enforcement career in the capacity as Police Officer, Detective, Detective First Class, Senior Detective, Master Detective and Career Detective; and WHEREAS, Career Detective Humphries' dedication to the children of Chesterfield County, and their parents, is unsurpassed, and she has been the cornerstone to the Crimes Against Juveniles section of the Investigations Bureau, where she has worked for more than 16 years; and WHEREAS, Career Detective Humphries was a member of a team that was instrumental in working with Mental Health in designing and implementing the REACT (Referral and Education to Assist Children in Trauma) program, which addresses the needs of children exposed to domestic violence through a multi-disciplinary approach; and WHEREAS, Career Detective Humphries received a Certificate of Commendation for her integral role in the arrest and indictment of a suspect on federal child pornography violations; and WHEREAS, Career Detective Humphries was recognized with a Certificate of Achievement as part of a team for her quick response, communication and teamwork resulting in the capture and arrest of nine suspects involved in a homicide; and WHEREAS, Career Detective Humphries has received numerous letters of thanks and appreciation for service rendered from the citizens of Chesterfield County; and WHEREAS, Career Detective Humphries has provided the Chesterfield County Police Department with many years of loyal and dedicated service; and WHEREAS, Chesterfield County and the Board of Supervisors will miss Career Detective Humphries' diligent service. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 24th day of June 2009, publicly recognizes Career Detective Sandra E. Humphries, and extends on behalf of its members and the citizens of Chesterfield County, appreciation for her service to the county, congratulations upon her 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 Humphries, and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 09-359 06/24/09 Ms. Durfee presented the executed resolution, expressed appreciation for her dedication to Chesterfield County and wished her well in her retirement. Career Detective Humphries expressed appreciation for the recognition and the support of her fellow officers. Mr. Stegmaier presented the acrylic statue and county watch to Career Detective Humphries and expressed appreciation for her dedication to the citizens of Chesterfield County. 5.C. RECOGNIZING REVEREND DR. JOHNNIE FLEMING FOR HIS CONTRIBUTIONS TO THE CHESTERFIELD- COLONIAL HEIGHTS BOARD OF SOCIAL SERVICES Ms. Snead introduced Reverend Dr. Johnnie Fleming, who was present, along with his wife, to receive the resolution. On motion of the Board, the following resolution was adopted: WHEREAS, the Chesterfield-Colonial Heights Social Services Board is a citizen board established by the Code of Virginia, responsible for oversight and policy guidance to the department in its pursuit of excellence in providing services to individuals, families and the community; and WHEREAS, Reverend Dr. Johnnie Fleming was appointed by the Chesterfield County Board of Supervisors to serve on the Chesterfield-Colonial Heights Board of Social Services in July 2001 and continued in this role until June 2009, having served a total of eight years; and WHEREAS, Reverend Fleming served capably as 2nd Vice- Chair of the Chesterfield-Colonial Heights Social Services Board from July 2006 through June 2007, and as 1st Vice-Chair from July 2007 through June 2009; and WHEREAS, Reverend Fleming is a tireless and strong advocate for departmental needs and continuously demonstrates support of and a commitment to all employees of the Chesterfield-Colonial Heights Department of Social Services, consistently taking time to recognize and express interest in employees; and WHEREAS, during the tenure of Reverend Fleming, the department has continued to strive for excellence and engage in a process of continuous improvement, such as the department's leadership in the statewide Transformation of the Children's Services System; and WHEREAS, during Reverend Flemings service on the Board, numerous successful initiatives have been implemented, such as Tools for School in which community members donate school supplies for youth at the beginning of each school year; and WHEREAS, while Reverend Fleming served on the Board, the department experienced unprecedented growth in the number of customers receiving benefits assistance and at the same time the department received numerous recognitions including a USDA payment accuracy award; and J J J 09-360 06/24/09 WHEREAS, Reverend Fleming is genuinely interested in the protection and well-being of all citizens in Chesterfield and Colonial Heights with a particular commitment to children, the elderly and disabled; and l~J WHEREAS, Reverend Fleming has provided spiritual support during times when the agency has experienced grief or bereavement; and WHEREAS, Reverend Fleming is a pleasure to know and to work with, and as a Board member has been dedicated throughout his tenure and will be missed. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 24th day of June 2009,. publicly recognizes and commends Reverend Dr. Johnnie Fleming for his commitment and outstanding service to the Social Services Board and to the citizens of Chesterfield and Colonial Heights. AND, BE IT FURTHER RESOLVED that a copy of this resolution be present to Reverend Fleming and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. Ms. Jaeckle presented the executed resolution and expressed appreciation for Reverend Flemings service to the Social Services Board. Reverend Fleming expressed appreciation for the recognition and for the opportunity to work with the Social Services Board. S.D. RECOGNIZING MS. DONNA J. MCCLURG, PLANNING DEPARTMENT, UPON HER RETIREMENT Mr. Turner introduced Ms. Donna McClurg, who was present to receive the resolution. On motion of the Board, the following resolution was adopted: WHEREAS, Ms. Donna J. McClurg has provided more than 30 years of meritorious service to Chesterfield County, and has proven to be an asset in the development of an effective planning program; and WHEREAS, Ms. McClurg began her career with Chesterfield County on January 16, 1978 as an Animal Control Officer when the county had a population of 124,500 residents; and WHEREAS, Ms. McClurg transferred to the Planning Department on March 27, 1989 and began working as a Zoning Inspector; and WHEREAS, Ms. McClurg has provided the Board of Zoning Appeals with impeccable service since 1992, and on April 22, 1997 was promoted to Planner; and 09-361 06/24/09 WHEREAS, as a result of her exemplary service, outstanding leadership ability, managerial skills and vast technical knowledge, Ms. McClurg was promoted to Senior Planner on March 8, 2008, and continued to work with the Board of Zoning Appeals, Administrative Variances and the Board of Supervisors' Manufactured Home Permits; and WHEREAS, Ms. McClurg worked 20 years in development review, providing world-class customer service, and received many commendations over the course of her distinguished career from Board of Zoning Appeals members, immediate supervisors and citizens regarding her commitment to excellence and outstanding dedication to her work; and WHEREAS, Ms. McClurg implemented numerous total quality improvements to development review processes, automation and customer service; and WHEREAS, Ms. McClurg always applied an ethical and fair- minded approach to development issues; and WHEREAS, Ms. McClurg retires when the county has a population of 314,000 residents. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, the 24th day of June 2009, publicly recognizes Ms. Donna J. McClurg and extends on behalf of its members and the citizens of Chesterfield County, appreciation for her service to the county, congratulations upon her retirement, and best wishes for a long and happy retirement. AND, BE IT FURTHER RESOLVED that a copy of this resolution be presented to Ms. McClurg and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. Mr. Warren presented the executed resolution and expressed appreciation to Ms. McClurg for her dedication to Chesterfield County. Ms. McClurg expressed appreciation for the recognition and for the opportunity to work with Chesterfield County. Mr. Stegmaier presented the acrylic statue and county watch to Ms. McClurg and expressed appreciation for her dedication to Chesterfield County. 5.E. RECOGNIZING MRS. KATHY KITCHEN FOR HER SERVICE TO CHESTERFIELD COUNTY Mr. Carmody introduced Mrs. Kathy Kitchen, who was present to receive the resolution. On motion of the Board, the following resolution was adopted: WHEREAS, Mrs. Kathy Kitchen has served as the Assistant Superintendent of Chesterfield County Public Schools for Business and Finance since January 1997; and J J J 09-362 06/24/09 WHEREAS, in that capacity, Mrs. Kitchen has been responsible for traditional finance areas, pupil transportation, school food services, planning and new construction; and U U WHEREAS,. during Mrs. Kitchen's tenure as Assistant Superintendent for Business and Finance, the following new schools were built: Elizabeth Scott Elementary, Winterpock Elementary,. G.W. Carver Middle, Elizabeth Davis Middle, Tomahawk Creek Middle, the new Clover Hill High, Cosby High and Matoaca High; and WHEREAS, Mrs. Kitchen has overseen significant growth in Chesterfield County Public Schools, including an increase in the number of school buses from 495 to 607; school-bus miles driven from 3,682,680 to 8,653,813; and an increase in the operating budget from approximately $297 million for Fiscal Year 1998 to approximately $572 million for Fiscal Year 2010; and WHEREAS, student enrollment has grown from 50,183 in 1997 to 58,571 in 2009; and WHEREAS, when Mrs. Kitchen joined COPS, two schools were fully accredited under Virginia's Standards of Learning, and in 2008, all schools were fully accredited, making CCPS the largest school division in Virginia to achieve that goal; and WHEREAS, during the period June through October 2006, Mrs. Kitchen served as Interim Superintendent of Chesterfield County Public Schools, and was responsible for day-to-day operations of the school division; and WHEREAS, prior to joining Chesterfield County Public Schools in 1997, Mrs. Kitchen held various, increasingly responsible positions with the Virginia Department of Education, including Senior Budget Analyst, Budget Director and Assistant Superintendent; and WHEREAS, from June 1979 to June 1983, Mrs. Kitchen served as Manager, Contracts Administration, in the Treasurer's Office of Virginia. Commonwealth University; and WHEREAS, Mrs. Kitchen has worked collaboratively with county staff in preparing multiple budgets over the years, and has been instrumental in building strong relationships between county and school staff; and WHEREAS, Mrs. Kitchen was an integral partner in many successful initiatives, including bond referendum planning and implementation, public facility plans, compensation and benefit studies, consolidations of various services and more; and WHEREAS, Mrs. Kitchen will leave her position as Assistant Superintendent effective June 30, 2009; and WHEREAS, Mrs. Kathy Kitchen has provided the residents of Chesterfield County, Virginia, with many years of wise, dedicated and excellent public service- 09-363 06/24/09 NOW, THEREFORE, BE IT RESOLVED that the Chesterfield Board of Supervisors, this 24th day of June, 2009, hereby expresses, on behalf of all Chesterfield County residents, sincere appreciation to Mrs. Kathy Kitchen for her outstanding service to Chesterfield County, and extends warmest best wishes for continued success. AND, BE IT FURTHER RESOLVED that a copy of this resolution be presented to Mrs. Kitchen and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. Mr. Gecker presented the executed resolution to Mrs. Kitchen and expressed appreciation for her hard work and dedication to the students in Chesterfield County. He stated Mrs. Kitchen has always been an employee who could be relied upon for finding the information requested. Mrs. Kitchen expressed appreciation for the recognition and for the opportunity to have worked with a great county staff over the years. 6. WORK SESSIONS 6.A. REVIEW 2009 GENERAL ASSEMBLY LEGISLATION Mr. Micas summarized 2009 General Assembly legislative changes requiring Board action, as well as optional legislative changes permitting Board action, and provided staff's recommendations for the legislative changes. Mr. Holland stated further study is need on the issues relative to tax policy. On motion of Mr. Holland, seconded by Ms. Jaeckle, the Board referred to the Planning Commission for recommendation the legislative changes relative to: amending the County Code ~) to provide that the Board of Zoning Appeals decides appeals of administrative decisions by a majority vote of those present and voting and b) to eliminate the "approaching confiscation" test for granting a variance; amending the County Code to change the period of validity of tentative subdivision plats; amend the County Code to revise the process for spot blight determinations. And, further, the Board to set public hearings to consider an ordinance amendment to amend the County's short term rental property tax ordinance to change the definition of "short- term rental business" and increase the tax rate for short term rental businesses that predominantly rent heavy equipment; amending the County Code to clarify that the county may recover the cost of issuing warrants and summonses in DUI and related cases; and amending the County Code to exempt vehicles owned by disabled veterans and their surviving spouses from vehicles license fees. And, further, the Board referred to the Budget and Audit Committee for recommendations the legislative changes relative to amending the County Code to separately classify J J J 09-364 06/24/09 for personal property taxation 1) electric cars and 2) motor vehicles with a seating capacity of 30 or more people. ~J And, further, the Board referred to the Director of Budget and Management along with the Real Estate Assessor and Building Official Coordinator to evaluate the cost to the county of amending the County Code to separately classify "certified stormwater management property" (features constructed with permeable materials) as a separate classification for real property taxation and amending the County Code to provide for a waiver of building permit and land disturbance fees for the construction or rehabilitation of housing by a 501(c)(3) tax exempt organization that provides affordable housing as its primary purpose. And, further, the Board referred to the Director of Budget and Management along with the Director of Planning and the Building Inspector the legislative change relating to amending the County Code to establish a tax incentive program to encourage the use of green roofs in commercial buildings to provide recommendation to the Board by October 14, _2009. And, further, the Board referred to the Director of Budget and Management Department in conjunction with Real Estate Assessor, the Building Official, and Director of Planning to study amending the County Code to allow property owners of certain "derelict" buildings to obtain a 15-year real estate tax abatement for demolishing or renovating those buildings. And, further, the Board referred to the County Administrator to review the legislative changes amending the County Code to authorize the county to enter into contracts to provide loans for the acquisition and installation of renewable or energy efficient improvements on private property; and amending the County Code to create arts and cultural districts in the county providing tax and fee incentives and regulatory "flexibility." Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 6.B. PROPOSED POLICY REGARDING NON-COUNTY WASTEWATER TREATMENT FACILITIES Mr. Stith provided the facts relating to non-county wastewater treatment facilities which include requiring proper zoning; no county policy exists to address appropriateness; and if deemed an appropriate use, no guidelines or ordinance exists to specify operation, financial or other requirements. He stated this issue is important due to the utility availability driving the growth pattern, potential risks to taxpayers should failures occur; pressure for county to step in; and potential effects on the environment. He further stated staff recommends not endorsing non-county wastewater facilities. He reviewed the environmental risks to the county. He stated if the Board should determine non-county facilities are appropriate, staff recommends limiting. their uses to public facilities and non- residential economic development projects which add to the commercial/industrial tax base. He further stated if the Board should consider approval for other types of 09-365 06/24/09 development, staff recommends the non-county facility adhere to specific requirements. Ms. Jaeckle inquired about how other localities have decided to remedy some of the risk factors with this proposal. She further inquired if the Comprehensive Plan process recommends using independently operated wastewater facilities, would the Board be able to revisit it. In response to Ms. Jaeckle's questions, Mr. Stith stated if the Board wishes to move forward with a non-county wastewater treatment facility, certain conditions should be imposed. Ms. Jaeckle suggested that staff look throughout the country for localities who allow independently owned wastewater facilities. In response to Ms. Jaeckle's question, Mr. Stith stated the non-county wastewater treatment facility is not a zoning or policy issue and does not need to go before the Planning Commission. Mr. Gecker stated this policy would have an impact on development patterns and public input would be appropriate through the Planning Commission. In response to Mr. Gecker's question, Mr. Stith stated staff would not have an objection to sending the non-county wastewater treatment facility policy to the Planning Commission to allow for public input. In response to Mr. Gecker's question, Mr. Micas stated there are no legal barriers to prevent this item from going to the Planning Commission. Ms. Durfee expressed concerns relative to the timing of the non-county wastewater treatment facility policy before the Board. She stated the review of Comprehensive Plan will provide the Board with an understanding of where to place public facilities. She further stated the options of the county need to be kept open in regards to this policy. Ms. Jaeckle stated it would not hurt to have a simultaneous review of the concept of the private wastewater service and the Comprehensive Plan. Ms. Durfee stated clear direction is needed if the non-county wastewater treatment facility policy is referred to the Planning Commission. Mr. Gecker stated if the policy was kept at the Board level, it would not prevent cases from moving through the system and the Board does not have the legal authority to delay a zoning case for 18 months in anticipation of the Comprehensive Plan revision being complete. He further stated referring the policy to the Planning Commission is not duplicative of the work being done on the Comprehensive Plan revision. Ms. Durfee stated the Board has the authority to defer a zoning case for 12 months. Mr. Holland stated the non-county wastewater treatment facility policy needs further review. He expressed concerns J J J 09-366 06/24/09 relative to liability of the county and the welfare of citizens. He stated he has no objections to this item being referred to the Planning Commission in conjunction with the consideration of the Comprehensive Plan. r~ On motion of Mr. Gecker, seconded by Jaeckle, the Board referred to the Planning Commission consideration of a proposed policy regarding non-county wastewater treatment facilities. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. Ms. Jaeckle requested that the Planning Commission receive input from outside sources as it works on .this item. Mr. Warren stated a letter will be sent to the Chairman of the Planning Commission containing the expectations of the Board. 6.C. ANNUAL REVIEW OF CASH PROFFER CALCULATIONS AND ADOPTION OF A MAXIMUM CASH PROFFER AMOUNT PER DWELLING UNIT FOR FY2010 ^~t l~J Mr. Carmody provided a summary of results of the cash proffer program. He stated $501.7 million has been proffered to date; $49 million has been collected; and $39 million has been appropriated. He further stated 41,728 lots have been created with cash proffers and 9,696 lots have paid cash proffers. He reviewed the annual collection trends and the slowing building permit activity. He stated the calculated cost of the impact of development totals $25,511 per dwelling unit with the largest driver for the increase being the schools and roads components. He provided benchmark cash proffer information from other localities in the state. In response to Mr. Holland's questions, Mr. Carmody stated Fairfax County does not have a set amount established in a policy document, so the cash proffer or property dedication is decided on a case by case basis. He further stated the Marshall and Swift index is a valid index and is expected to have a further decline in the future. He stated the Marshall and Swift index can continue to be relied upon in the future. Mr. Holland expressed concerns regarding the time value of money with respect to the cash proffer system specifically with the school and road components, as well as the degree of affordable housing available in the county. Mr. Carmody stated within the road portion of the cash proffer calculation there is a credit component which is tied to VDOT funding levels. The cash proffer calculation for roads increases as VDOT funding levels decline. Ms. Jaeckle expressed concerns regarding increasing the cash proffer amount in the current economic downturn. In response to Ms. Jaeckle's question, Mr. Carmody stated the amount of income the cash proffer increase would generate is not a sizeable amount in the initial year. He further stated postponing an adjustment to the cash proffer amount is 09-367 06/24/09 something to be mindful of due to the longer term impact to revenues. Ms. Jaeckle stated although the Board needs to stick with the policy, the ability to be flexible is needed in the current economic downturn. Ms. Durfee expressed concerns relative to the cash proffer policy and stated more dialogue is needed on the policy. She stated in the past, there has been an inconsistent use of the policy. She further stated the numbers presented in the cash proffer are not inflated; they are the actual calculated costs. She stated the amount needed to pay for public facilities is actually undercut. She requested an update on the 2001 Growth Analysis to provide the Board information on the current public facilities and whether the population is being adequately served. She further requested the Board reconsider the Cash Proffer Policy at a later time to have a deeper dialogue about whether the policy is something the county should continue utilizing. She stated services in the county need to be prioritized. In response to Mr. Gecker's questions, Mr. Carmody stated roughly $300 of the increase in the school component of the cash proffer is due to-the credit element driven by a decline in property values and the current tax rate. Mr. Gecker inquired how much of the increase for this year is attributable to a forecasted decline in state funding for roads. In response to Mr. Gecker's questions, Mr. Carmody stated the calculation reflects the county's knowledge of VDOT funding levels which has declined and was a factor that drove the cost up. He further stated in reviewing the Marshall and Swift index in three-month intervals, the index was stable and then declined and is expected to continue to decline. He stated roughly $600 of the increase in the schools component of the cash proffer is based on the Marshall and Swift index. Mr. Stegmaier stated actual cost data is used in the calculation of overall construction costs. In response to Mr. Gecker's question, Mr. Carmody stated the inflator in the Marshall and Swift index and the estimate of state funding for roads is going to be down. Mr. Gecker stated reviewing current data and current trends in data, it is difficult to justify an increase in the cash proffer. In response to Mr. Gecker's question, Mr. Carmody stated that there is a catch up window and the costs of new facilities will be reflected next year in the proposed cash proffer amount. Discussion ensued regarding next year's cash proffer proposal amounts and the factors which affect the total amount. Mr. Gecker stated the purpose for the "fee holiday" is to stimulate local growth in the county which will make the county's economy better. He further stated the adjustment in the proposed cash proffer amount is minimal and in the grand J J J 09-368 06/24/09 scheme of the county's financial health standpoint, would send the wrong message to the community at a time when the Board is attempting to spur growth in other sectors. C~ ^i1 Ms. Durfee expressed concerns relative to the county's ability to best serve the overall population of 317,000. She stated the Board needs to be mindful of the economy and the effect on the businesses, but the county has been affected in the ability to provide and serve the public. She inquired whether the Growth Analysis Report would be made available during the Comprehensive Plan process which would enable the Board to get a better handle on what areas the county is deficient and the actual costs. She stated the county has been fortunate to have the ability to take advantage of some bids that have been lower. She further stated the county is behind in some aspects of providing services to the citizens and must figure out how to provide the facilities and services. She stated local jurisdictions which are not the size of Chesterfield have comparable cash proffers. She further stated the actual costs associated with the cash proffers are needed to provide for public facilities and services. In response to Mr. Gecker's question, Mr. Carmody stated there are a variety of elements influencing the cash proffer numbers, everything from the calculation methodology to what facilities are included in the calculations. Mr. Gecker stated since the state bears such a substantial impact on the county's calculations of cash proffers, maybe the county needs to focus some of its attention towards the General Assembly to obtain more funding for roads. Ms. Jaeckle stated eight years ago, the county was given $12 million a year for road improvements and this year the county is receiving roughly $1.5 million. Mr. Holland stated Chesterfield County will find a better way of .calculating the cash proffer. On motion of Mr. Holland, seconded by Mr. Warren, the Board adopted the FY2010 maximum cash proffer at the rate of $18,966 per dwelling unit, including Marshall and Swift adjustments to existing cases. Ayes: Durfee, Holland, and Warren. Nays: Jaeckle and Gecker. Ms. Durfee requested the opportunity to revisit the Cash Proffer Policy in January along with the Growth Analysis Report. 7. DEFERRED ITEMS 7.A. ADOPTION OF COUNTY PROCEDURE FOR THE DEBARMENT OF VENDORS AND CONTRACTORS Mr. Johnson stated this date and time has been set aside to consider adoption of a County Procedure for the debarment of vendors and contractors. He further stated the concerns expressed by Board members have been addressed. 09-369 06/24/09 Mr. Gecker stated he had a concern in the original draft relative to the appeals process, which he provided substitute language to address the concerns. On motion of Mr. Gecker, seconded by Mr. Warren, the Board adopted the County Procedure for the debarment of vendors and contractors, as amended. (It is noted a copy of the policy is filed with the papers of this Board.) Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 7.B. AWARD OF CONTRACT FOR PROFESSIONAL OCCUPATIONAL MEDICINE SERVICES TO COMPASSMD, PLC, FOR COMPREHENSIVE PHYSICALS FOR CAREER FIREFIGHTERS Chief Senter stated the contract for professional occupational medicine services with CompassMD has been reviewed by the Budget and Audit Committee. Mr. Holland expressed appreciation for Chief Senter's work on this item and stated the Budget and Audit Committee has reviewed the information. On motion of Mr. Holland, seconded by Mr. Gecker, the Board approved a contract for professional occupational medicine services to CompassMD, PLC, for comprehensive physicals for career firefighters. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 7.C. AWARD OF CONSTRUCTION CONTRACT TO A. D. WHITAKER .CONSTRUCTION INCORPORATED FOR THE CONSTRUCTION OF THE ADDITION AND RENOVATIONS TO THE HEALTH AND SOCIAL SERVICES BUILDING Mr. Stegmaier stated staff is working on the review of this project with the Budget and Audit Committee and Ms. Jaeckle and some questions have arisen. He further stated the contractor will hold the bid price for an additional thirty days to allow the questions to be answered. On motion of Mr. Gecker, seconded by Ms. Durfee, the Board deferred decision on awarding a construction contract to A. D. Whitaker Construction Incorporated for the construction of the addition and renovations to the Health and Social Services Building to July 22, 2009. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. Ms. Jaeckle stated the county is in the process of identifying departments located in the leased office spaces and ensuring the building will be able to accommodate growth. She further stated it is important to construct buildings without a lot of empty space. She stated the county will be unable to sustain the continual growth in Social Services. She further stated the department tries hard to get clients on their feet. Mr. Holland expressed concerns about the increase in cases through Social Services. J J J 09-370 06/24/09 Mr. Warren excused himself from the meeting. ^! 8. NEW BUSINESS 8. AUTHORIZATION TO REFER TO THE PLANNING COMMISSION PROPOSED REDUCTIONS IN PLANNING FEES FOR CERTAIN COMMERCIAL ACTIVITIES Mr. Stegmaier stated the business community has requested some assistance from the county to assist them through this economic time. He further stated the proposal before the Board would reduce zoning fees for most businesses by eliminating the base fee on the zoning application for one year. He stated staff recommends referring this item to the Planning Commission. On motion of Mr. Holland, seconded by Ms. Durfee, the Board referred to the Planning Commission the proposed reductions in Planning fees for certain commercial activities. Ayes: Gecker, Jaeckle, Holland, and Durfee. Nays: None. Absent: Warren. 8.A. APPOINTMENTS On motion of Ms. Durfee, seconded by Mr. Holland, the Board suspended its rules to allow simultaneous nomination/ appointment/reappointment of members to serve on various Boards and Commissions. Ayes: Gecker, Jaeckle, Holland, and Durfee. Nays: None. Absent: Warren. 8.A.1. BOARD OF APPEALS FOR VIRGINIA UNIFORM STATEWIDE BUILDING CODE ^+! On motion of Ms. Durfee, seconded by Mr. Holland, the Board simultaneously nominated/reappointed Mr. Jack R. Wilson, III and Mr. E. Frank Dunton, to serve on the Board of Appeals for Virginia Uniform Statewide Building Code, whose terms are effective July 1, 2009 and expire June 30, 2012. Ayes: Gecker, Jaeckle, Holland, and Durfee. Nays: None. Absent: Warren. 8.A.2. HEALTH CENTER COMMISSION On motion of Ms. Durfee, seconded by Mr. Holland, the Board simultaneously nominated/appointed/reappointed Mr. James B. Cowan, as the Matoaca District representative, and Mr. James Copp, as an at-large representative, to serve on the Health Center Commission, whose terms are effective July 1, 2009 and expire on June 30, 2013. Ayes: Gecker, Jaeckle, Holland, and Durfee. Nays: None. Absent: Warren. 09-371 06/24/09 8.A.3. COMMUNITY CRIMINAL JUSTICE BOARD On motion of Ms. Durfee, seconded by Mr. Holland, the Board simultaneously nominated/reappointed the following members to the Community Criminal Justice Board, whose terms shall be effective July 1, 2009 and expire on June 30, 2011: The Honorable Edward A. Robbins, Jr. (Juvenile & Domestic Relations), The Honorable Philip V. Daffron (General District Court), The Honorable Dennis Proffitt (Sheriff), Mr. Shawn Q. Barnes (Chief Magistrate), Mr. David Mangano (Chesterfield CSB Representative), The Honorable William Bray (Colonial Heights Commonwealth's Attorney), Ms. Elvira Shaw (Colonial Heights Citizen), and Mr. Raeford Walker (Colonial Heights Citizen). And, further, the Board simultaneously nominated/appointed the following member to serve on the Community Criminal Justice Board, whose term shall be effective immediately and expire on June 30, 2010: Mr. Jim Zahringer (District 19 CSB Representative) Ayes: Gecker, Jaeckle, Holland, and Durfee. Nays: None. Absent: Warren. 8.A.4. COMPREHENSIVE PLAN STEERING COMMITTEE Mr. Stegmaier stated the Board had received a letter from the Chesterfield Chamber of Commerce recommending Mr. Sam Kaufman to serve on the Comprehensive Plan Steering Committee. On motion of Ms. Durfee, seconded by Mr. Holland, the Board simultaneously nominated/appointed Mr. Brett A. Vassey, Mr. Howard Nester, Jr., and Mr. Sam Kaufman, to serve on the Comprehensive Plan Steering Committee, whose terms are effective immediately and shall expire in approximately 18 months. Ayes: Gecker, Jaeckle, Holland, and Durfee. Nays: None. Absent: Warren. Mr. Warren returned to the meeting. 8.B. STREETLIGHT INSTALLATION COST APPROVALS On motion of Mr. Gecker, seconded by Mr. Holland, the Board approved the following changes to existing streetlight installations: MATOACA DISTRICT: • Genito Road, vicinity of 19711; modify existing fixture to reduce glare on nearby properties Cost to modify streetlight: $576.60 J J J 09-372 06/24/09 MIDLOTHIAN DISTRICT: C • In the Crestwood Farms subdivision: Intersection of Montaigne Drive and Whittington Drive; upgrade existing 5000 lumen mercury vapor light to county standard 8000 lumen high pressure sodium Cost to upgrade streetlight: $396.84 Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 8.C. CONSENT ITEMS 8.C.1. ADOPTION OF RESOLUTIONS 8.C.l.b. RECOGNIZING MR. KENNETH L. KING, PARKS AND RECREATION DEPARTMENT, UPON HIS RETIREMENT On motion of Mr. Gecker, seconded by Mr. Holland, the Board adopted the following resolution: WHEREAS, Mr. Kenneth L. King will retire on July 1, 2009, after providing over 31 years of dedicated and faithful service to Chesterfield County; and WHEREAS, Mr. King began his service with the Department of Parks and Recreation in September 1977, in the capacity of part-time groundskeeper and became a full-time groundskeeper on January 1, 1978; and WHEREAS, Mr. King was promoted to park foreman in 1979, and again promoted to park manager in January 2001, and has remained the park manager for the Central District; and WHEREAS, Mr. King has successfully worked his way up through the ranks of Chesterfield County Department of Parks and Recreation; and WHEREAS, Mr. .King has been an invaluable asset and mainstay for the Parks and Recreation Department since its early years; and WHEREAS, Mr. King has accumulated a vast amount of knowledge and skill in maintaining Chesterfield County parks to a high quality level; and WHEREAS, Mr. King has always remained steady, dependable and consistent in providing productive and quality work; and WHEREAS, Mr. King will be greatly missed by his staff, co-workers, supervisors and the citizens of Chesterfield County whom he served. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes Mr. Kenneth L. King and extends appreciation for his over 31 years of dedicated service to the county, congratulations upon his retirement, and best wishes for a long and happy retirement. AND, BE IT FURTHER RESOLVED that a copy of this resolution be presented to Mr. King and that this resolution 09-373 06/24/09 be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 8.C.i.c. RECOGNIZING FIREFIGHTER JAMES M. SEAM, JR., FIRE AND EMERGENCY MEDICAL SERVICES DEPARTMENT, UPON HIS RETIREMENT On motion of Mr. Gecker, seconded by Mr. Holland, the Board adopted the following resolution: WHEREAS, Firefighter James M. Seay, Jr. will retire from the Chesterfield County Fire and Emergency Medical Department on July 1, 2009; and WHEREAS, Firefighter Seay attended Recruit School #15 in 1984 and has faithfully served the county for twenty five years, as a firefighter at the Ettrick Fire and EMS Station from 1984 to 1988, and as a firefighter at the Bensley Fire and EMS Station, where he served through the construction of the new building in 1995 and delivery of a new aerial platform truck in 2002; and WHEREAS, Firefighter Seay is recognized throughout the department as a leader within the ranks in the areas of firefighting and ladder truck operations, having trained many of our current ladder operators; and WHEREAS, Firefighter Seay has received numerous unit citations and an EMS Life Save Award for his actions while responding to various emergencies, including a unit citation for his heroic efforts during Tropical Storm Gaston on August 30, 2004; and WHEREAS, Firefighter Seay has served as a member of the Chesterfield Fire and EMS Technical Rescue Team as well as the Virginia Division 1 Regional Technical Rescue Team for over 15 years. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes the contributions of Firefighter James M. Seay, Jr., expresses the appreciation of all residents for his service to the county, and extends their appreciation for his dedicated service and congratulations upon his retirement. AND, BE IT FURTHER RESOLVED that a copy of this resolution be presented to Firefighter Seay and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. J J J 09-374 06/24/09 8.C.l.d. RECOGNIZING SERGEANT STUART C. MYER, JR., POLICE DEPARTMENT, UPON HIS RETIREMENT .~ ^!- On motion of Mr. Gecker, seconded by Mr. Holland, the Board adopted the following resolution: WHEREAS, Sergeant Stuart C. Myer, Jr. retired from the Chesterfield County Police Department on June 1, 2009, after providing 29 years of quality service to the citizens of Chesterfield County; and WHEREAS, Sergeant Myer has faithfully served the county in the capacity of Patrol Officer, Investigator, Detective and Sergeant; and WHEREAS, Sergeant Myer, during his tenure - as an Investigator, was the recipient of the Police Star for risking his personal safety while under fire to recover a wounded officer and transport him to the hospital, and his bravery and quick actions are credited with saving the life of the officer; and WHEREAS, as a member of the Anti-Crime Task Force, Sergeant Myer consistently exhibited impressive teamwork, investigative skills and determination; and WHEREAS, Sergeant Myer was appointed a Special State Police Officer while serving on the Metro-Richmond Violent Crime/Career Criminal Task Force; and WHEREAS, Sergeant Myer has served in various areas throughout the Police Department to include Anti-Crime Task Force Sergeant, Crimes Against Persons Sergeant, North District Administrative Sergeant and Shift Sergeant; and WHEREAS, Sergeant Myer was instrumental in the opening of the Hull Street Police Station; and WHEREAS, Sergeant Myer was recognized with a Certificate of Appreciation for his service on the Police Quality Council; and WHEREAS, Sergeant Myer has received numerous letters of thanks and appreciation for service rendered from the citizens of Chesterfield County; and WHEREAS, Sergeant Myer has provided the Chesterfield County Police Department with many years of loyal and dedicated service; and WHEREAS, Chesterfield County and the Board of Supervisors will miss Sergeant Myer's diligent service. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes Sergeant Stuart C. Myer, Jr., and extends on behalf of its members and the citizens of Chesterfield County, appreciation for his service to the county, congratulations upon his retirement, and best wishes for a long and happy retirement. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 09-375 06/24/09 8.C.l.e. RECOGNIZING JUNE 2009, AS "NATIONAL SAFETY MONTH" IN CHESTERFIELD COUNTY On motion of Mr. Gecker, seconded by Mr. Holland, the Board adopted the following resolution: WHEREAS, after years of decline, the rate of unintentional injuries and deaths in the United States has reversed and has reached unacceptably high levels in recent years; and WHEREAS, deaths from motor vehicle collisions, poisonings from unintentional overdoses, and falls remain as the three leading causes of preventable death in the United States; and WHEREAS, the cost of unintentional injuries to people in the United States exceeds $684.4 billion each year and causes great suffering among individuals and their families; and WHEREAS, the national cost of unintentional injuries to workers and their employers is $175.3 billion each year, including the value of 114 million days of lost productivity; and WHEREAS, preventing unintentional injury and death requires the cooperation of all levels of government, the nation's employers and the general public; and WHEREAS, the Chesterfield County Safety and Steering Committee, founded in 2000, was chartered in 2009 by the County Administrator and School Superintendent, to lead the county and public school workforce in injury prevention through safety and health education, training and advocacy; and WHEREAS, the Chesterfield County Safety and Steering Committee educates the workforce about policies, practices and procedures leading to increased safety, protection and health in government and school operations; and WHEREAS, since the summer season is a time of increased rates of preventable injuries and death, it is an appropriate time to focus the attention of our workforce and community leaders on injury risks and preventions by celebrating June 2009, as "National Safety Month"; and WHEREAS, the Chesterfield County Safety and Steering Committee, as part of its workforce education about safety and health, will provide this county a month-long campaign in June 2009. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes June 2009, as "National Safety Month" in Chesterfield County, acknowledges the contributions of the Chesterfield County Safety and Steering Committee and its ongoing commitment to raising awareness about the need for the implementation of safe practices in our schools and jobs; and encourages citizens to observe "National Safety Month" with appropriate ceremonies and educate themselves about the importance of implementing J J J 09-376 06/24/09 safe practices in our schools and on our jobs to prevent unintentional injury and death. ^+i C Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 8.C.l.f. RECOGNIZING THE BON AIR-MANCHESTER-MIDLOTHIAN LIONS CLUB ON ITS SEVENTY- FIFTH ANNIVERSARY On motion of Mr. Gecker, seconded by Mr. Holland, the Board adopted the following resolution: WHEREAS, the Manchester Lions Club was chartered on March 2, 1934; and WHEREAS, the club's charter was to serve the needs of old Manchester, Oak Grove, Forest Hills and Westover Hills; and WHEREAS, on October 13, 1972, the Bon Air-Midlothian Lions Club was chartered; and WHEREAS, its charter was to serve the needs of Stratford Hills, Bon Air and Midlothian; and WHEREAS, these two Lions Clubs merged on January 1, 2001, becoming the Bon Air-Manchester-Midlothian Lions Club; and WHEREAS, the club serves all of the neighborhoods previously served by the separate clubs; and WHEREAS, today, as it has for the past 75 years, the Bon Air-Manchester-Midlothian Lions Club continues to provide outstanding service to the community; and WHEREAS, the club has added additional projects to raise money and increase the budget for programs to benefit those in need; and WHEREAS, programs have ranged from providing milk for school students; operating the Christmas for the Needy program; supporting Bainbridge Community Ministries; providing college scholarships; sponsoring Kids Bike Safety classes; and building a ramp for a disabled young man; and WHEREAS, the major program of the club is to provide free eye examinations and eyeglasses for the needy, especially for children, and 50 percent of the club's budget goes to this worthwhile endeavor; and WHEREAS, service to the community is the hallmark of the Lions Club organization. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors hereby expresses its gratitude, on behalf of all Chesterfield County residents, for the outstanding and long-tenured community service of the Bon Air-Manchester-Midlothian Lions Club and its earlier components, congratulates the club on its 75th anniversary, and extends best wishes to the members for continued success. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 09-377 06/24/09 8.C.2. REQUEST FOR A PERMIT FOR WOODLAKE COMMUNITY ASSOCIATION TO STAGE A FIREWORKS DISPLAY AT THE WOODLAKE PAVILION/AMPHITHEATER On motion of Mr. Gecker, seconded by Mr. Holland, the Board approved a permit for Woodlake Community Association to stage a fireworks display at the Woodlake Pavilion/Amphitheater on September 5, 2009, with a rain date of September 6, 2009. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 8.C.4. STATE ROAD ACCEPTANCE On motion of Mr. Gecker, seconded by Mr. Holland, the Board adopted the following resolution: WHEREAS, the streets described below are shown on plats recorded in the Clerk's Office of the Circuit Court of Chesterfield County; and WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised this Board the streets meet the requirements established by the Subdivision Street Recuirements 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: Walnut Grove 2 Tvne 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 • Rimswell Drive, State Route Number 7010 From: 0.03 miles west of Rimswell P1., (Rt. 7019) To: Rimswell Tn., (Rt. 7401), a distance of: 0.03 miles. Recordation Reference: Pb. 168 Pg 8 Right of way width (feet) = 50 • Rimswell Turn, State Route Number 7401 From: Rimswell Dr., (Rt. 7010) To: Cul-de-sac, a distance of: 0.09 miles. Recordation Reference: Pb. 168 Pg 8 Right of Way width (feet) = 40 • Rimswell Terrace, State Route Number 7402 J J J 09-378 06/24/09 From: Rimswell Dr., (Rt. 7010) To: Cul-de-sac, a distance of: 0.05 miles. Recordation Reference: Pb. 168 Pg 8 Right of Way width (feet) = 40 C u • Rimswell Drive, State Route Number 7010 From: Rimswell Tr., (Rt. 7402) To: Rimswell Ct., (Rt. 7403), a distance of: 0.06 miles. Recordation Reference: Pb. 168 Pg 8 Right of Way width (feet) = 50 • Rimswell Court, State Route Number 7403 From: Rimswell Dr., (Rt. 7010) To: Cul-de-sac, a distance of: 0.04 miles. Recordation Reference: Pb. 168 Pg 8 Right of Way width (feet) = 40 • Rimswell Drive, State Route Number 7010 From: Rimswell Ct., (Rt. 7403) To: Tadley Dr., (Rt. 7404), a distance of: 0.06 miles. Recordation Reference: Pb. 168 Pg 8 Right of Way width (feet) = 50 • Tadely Drive, State Route Number 7404 From: Rimswell Dr., (Rt. 7010) To: Temp EOM, a distance of: 0.04 miles. Recordation Reference: Pb. 168 Pg 8 Right of Way width (feet) = 44 • Tadley Drive, State Route Number 7404 From: Rimswell Dr., (Rt. 7010) To: Tadley Ct., (Rt. 7405), a distance of Recordation Reference: Pb. 168 Pg 8 Right of Way width (feet) = 44 • Taldey Court, State Route Number 7405 From: Tadley Dr., (Rt. 7404) To: Cul-de-sac, a distance of: 0.03 miles. Recordation Reference: Pb. 168 Pg 8 Right of Way width (feet) = 40 • Tadley Drive, State Route Number 7404 From: Tadley Ct., (Rt. 7405) To: Cul-de-sac, a distance of: 0.18 miles. Recordation Reference: Pb. 168 Pg 8 Right of Way width (feet) = 40 • Barnack Road, State Route Number 7406 From: Tadley Dr., (Rt. 7404) To: Chislet Dr., (Rt. 7407), a distance of Recordation Reference: Pb. 168 Pg 8 Right of Way width (feet) = 44 • Barnack Road, State Route Number 7406 From: Chislet Dr., (Rt. 7407) To: Cul-de-sac, a distance of: 0.16 miles. Recordation Reference: Pb. 168 Pg 8 Right of Way width (feet) = 40 • Chislet Drive, State Route Number 7407 09-379 0.14 miles. 0.17 miles. 06/24/09 From: Barnack Rd., (Rt. 7406) To: Chislet Ct., (Rt. 7408), a distance of: 0.12 miles. Recordation Reference: Pb. 168 Pg 8 Right of Way width (feet) = 40 • Chislet Court, State Route Number 7408 From: Chislet Dr., (Rt. 7407) To: Cul-de-sac, a distance of: 0.03 miles. Recordation Reference: Pb. 168 Pg 8 Right of Way width (feet) = 40 • Chislet Drive, State Route Number 7407 From: Chislet Ct., (Rt. 7408) To: Chislet Mw., (Rt. 7409), a distance of: 0.06 miles. Recordation Reference: Pb. 168 Pg 8 Right of Way width (feet) = 44 • Chislet Mews, State Route Number 7409 From: Chislet Dr., (Rt. 7407) To: Cul-de-sac, a distance of: 0.10 miles. Recordation Reference: Pb. 168 Pg 8 Right of Way width (feet) = 40 • Chislet Drive, State Route Number 7407 From: Chislet Mw., (Rt. 7409) To: Brookforest Dr., (Rt. 7410), a distance of: 0.07 miles. Recordation Reference: Pb. 168 Pg 8 Right of Way width (feet) = 44 • Brookforest Drive, State Route Number 7410 From: Chislet Dr., (Rt. 7407) To: Temp EOM, a distance of: 0.07 miles. Recordation Reference: Pb. 168 Pg 8 Right of Way width (feet) = 44 • Chislet Drive, State Route Number 7407 From: Brookforest Dr., (Rt. 7410) To: Cul-de-sac, a distance of: 0.02 miles. Recordation Reference: Pb. 168 Pg 8 Right of Way width (feet) = 40 • Rimswell Place, State Route Number 7019 From: 0.09 miles north of Rimswell Dr., (Rt. 7010) To: Cul-de-sac, a distance of: 0.03 miles. Recordation Reference: Pb. 168 Pg. 8 Right of Way width (feet) = 40 Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 8.C.5. APPROVAL OF NAMING THE ETTRICK PARK TRAIL IN HONOR OF MS. EVELYN S. TUCKER On motion of Mr. Gecker, seconded by Mr. Holland, the Board named the Ettrick Park Trail in honor of Ms. Evelyn S. Tucker. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. J J J 09-380 06/24/09 8.C.6. AMENDMENT OF LEASE OF PROPERTY FOR THE TEMPORARY HULL STREET POLICE STATION C'. On motion of Mr. Gecker, seconded by Mr. Holland, the Board approved an amendment to the lease with Woodlake Retail, LLC, successor in title to Woodlake Commons Shopping Center, LLC for 1,500 square feet of office space at 6812 Woodlake Commons Loop for the temporary Hull Street Police Station and authorized the County Administrator to execute the amendment in a form approved by the County Attorney. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 8.C.8. ACCEPTANCE OF PARCELS OF LAND 8.C.8.a. ALONG WINTERPOCK ROAD FROM WINTERPOCK CONGREGATION OF JEHOVAH'S WITNESSES, INCORPORATED On motion of Mr. Gecker, seconded by Mr. Holland, the Board accepted the conveyance of a parcel of land containing 0.1260 acres along Winterpock Road from Winterpock Congregation of Jehovah's witnesses, Inc. 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.C.8.b. ALONG HARROWGATE ROAD AND HAPPY HILL ROAD FROM CHESTER, VIRGINIA, CONGREGATION OF JEHOVAH'S WITNESSES, INCORPORATED On motion of Mr. Gecker, seconded by Mr. Holland, the Board accepted the conveyance of a parcel of land containing 0.2446 acres along Harrowgate Road and Happy Hill Road from Chester, Virginia, Congregation of Jehovah's Witnesses, Inc. 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.C.8.c. WITHIN MAGNOLIA GREEN FROM 6801 WOOLRIDGE ROAD- MOSELEY TRS LLC 0 On motion of Mr. Gecker, seconded by Mr. Holland, the Board accepted the conveyance of three parcels of land within Magnolia Green from 6801 Woolridge Road-Moseley TRS LLC and authorized the County Administrator to execute the deed. (It is noted copies of the plats are filed with the papers of this Board.) Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 8.C.8.d. ALONG RIVER ROAD FROM WESLEY CHAPEL UNITED METHODIST CHURCH On motion of Mr. Gecker, seconded by Mr. Holland, the Board accepted the conveyance of three parcels of land containing a 09-381 06/24/09 total of 0.330 acres along River Road from Wesley Chapel United Methodist Church 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.C.9. REQUEST TO AID THE REED'S LANDING CORPORATION IN THE ACQUISITION OF OFFSITE SEWER AND TEMPORARY CONSTRUCTION EASEMENTS FOR THE BIG BRANCH SEWER EXTENSION TO MARLBANK FARMS SUBDIVISION On motion of Mr. Gecker, seconded by Mr. Holland, the Board authorized Right of Way staff to aid The Reed's Landing Corporation in the acquisition of sewer and temporary construction easements for the Big Branch Sewer Extension to Marlbank Farms Subdivision; subject to the developer executing a contract agreeing to pay all costs. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Nays: 8.C.10. Warren, Gecker, Jaeckle, Holland, and Durfee. None. COMMONS AT WATKINS CENTRE WATERLINE PROJECT APPROVAL OF REVISED UTILITY CONTRACT FOR WESTCHESTER On motion of Mr. Gecker, seconded by Mr. Holland, the Board approved the following revised utility contract for Westchester Commons at Watkins Centre Waterline Project, Contract Number 06-0348, and authorized the County Administrator to execute any necessary documents: Developer: Zaremba Metropolitan Midlothian, LLC Contractor: R. G. Griffith, Inc. Contract Amount: Estimated County.Cost for Oversizing $71,087.20 Estimated Developer Cost $1,287,873.30 Estimated Total $1,358,960.50 District: Midlothian (It is noted a copy of the vicinity sketch is filed with the papers of this Board.) Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 8.C.11. AWARD OF CONSTRUCTION CONTRACT FOR SEWER LINE AND MANHOLE REHABILITATION PROJECT On motion of Mr. Gecker, seconded by Mr. Holland, the Board approved the construction contract with Reynolds Inliner, LLC in the amount of $1,078,915.00, authorized a transfer of $345,000.00 from the rate stabilization reserve account to the sewer line and manhole rehabilitation account and authorized the County Administration to execute the necessary documents. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. J J J 09-382 06/24/09 8.C.12. CONVEYANCE OF EASEMENTS 8.C.12.a. TO VERIZON VIRGINIA, INCORPORATED FOR UNDERGROUND CABLE TO PROVIDE SERVICE TO THE NEW CLOVER HILL HIGH SCHOOL On motion of Mr. Gecker, seconded by Mr. Holland, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute an easement agreement with Verizon Virginia Inc. for underground cable to provide service to the new Clover Hill High School. (It is noted a copy of the plat is filed with the papers of the Board.) Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 8.C.12.b. TO VIRGINIA ELECTRIC AND POWER COMPANY 8.C.12.b.1. FOR THE INSTALLATION OF A STREETLIGHT AT THE OLD CHESTER LIBRARY ^!- On motion of Mr. Gecker, seconded by Mr. Holland, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute an easement agreement with Virginia Electric and Power Company for the installation of a streetlight at the Old Chester Library. (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.C.12.b.2. FOR THE RELOCATION OF TWO TRANSFORMERS AT THE PROCTORS CREEK WASTEWATER TREATMENT PLANT 0 On motion of Mr. Gecker, seconded by Mr. Holland, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute an easement agreement with Virginia Electric and Power Company for a 15-foot underground easement for the relocation of two transformers at the Proctors Creek Wastewater Treatment Plant. (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.C.13. REQUESTS FOR PERMISSION 8.C.13.a. FROM LEWIS W. COMBS, III FOR THREE PROPOSED BLOCK RETAINING WALLS TO ENCROACH WITHIN A SIXTEEN-FOOT DRAINAGE EASEMENT ACROSS LOT 3, BLOCK F, POCOSHOCK HEIGHTS On motion of Mr. Gecker, seconded by Mr. Holland, the Board approved a request for permission from Lewis W. Combs, III for three proposed retaining walls to encroach within a 16- foot drainage easement across Lot 2, Block F, Pocoshock 09-383 06/24/09 Heights, 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.C.13.b. FROM GEORGE W. GENTRY, JR. FOR AN EXISTING CONCRETE PATIO TO ENCROACH WITHIN A TEN-FOOT EASEMENT ACROSS LOT 26, THE VILLAS AT RIVER'S BEND On motion of Mr. Gecker, seconded by Mr. Holland, the Board approved a request for permission from George W. Gentry, Jr. for an existing concrete patio to encroach within a 10-foot easement across Lot 26, The Villas at River's Bend, subject to the execution of a license agreement. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 8.C.13.c. FROM ANDREW HRYCYK, JR. TO INSTALL A PRIVATE SEWER SERVICE WITHIN A PRIVATE EASEMENT TO SERVE PROPERTY ON ADKINS ROAD On motion of Mr. Gecker, seconded by Mr. Holland, the Board approved a request for permission from Andrew Hrycyk, Jr. to install a private sewer service within a private easement to serve property at 660 Adkins Road, 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.C.13.d. FROM FAA YEOU JIANG AND YUN SHIANG JIANG FOR PROPOSED LANDSCAPING, BRICK RETAINING WALL, CONCRETE PAVERS, AND AN AGGREGATE DRIVEWAY TO ENCROACH WITHIN AN EIGHT-FOOT EASEMENT ACROSS LOT 18, TARRINGTON, SECTION 5 On motion of Mr. Gecker, seconded by Mr. Holland, the Board approved a request for permission from Faa Yeou Jiang and Yun Shiang Jiang for proposed landscaping, brick retaining wall, concrete pavers, and an aggregate driveway to encroach within an 8-foot easement across Lot 18, Tarrington, Section 5, 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. J J J 09-384 06/24/09 8.C.13.e. FROM ELIZABETH KIELBOWICK FOR A PROPOSED FENCE TO ENCROACH WITHIN A SIXTEEN-FOOT DRAINAGE EASEMENT ACROSS LOT 30, HAYWOOD VILLAGE, SECTION A AT CHARTER COLONY On motion of Mr. Gecker, seconded by Mr. Holland, the Board approved a request for permission from Elizabeth Kielbowick for a proposed fence to encroach within a 16-foot drainage easement across Lot 30, Haywood 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.C.13.f. FROM MARTIN MARIETTA MATERIALS, INCORPORATED FOR A PROPOSED GATE TO ENCROACH WITHIN A COUNTY RIGHT OF WAY OFF OF WARBORO ROAD On motion of Mr. Gecker, seconded by Mr. Holland, the Board approved a request for permission from Martin Marietta Materials, Inc. for a proposed gate to encroach within a county right of way off of Warbro 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.C.13.g. FROM EDDIE SMITH AND CAROL L. HIGHTOWER FOR A PROPOSED FENCE TO ENCROACH WITHIN A SIXTEEN-FOOT EASEMENT AND A TWENTY-FOOT SEWER AND DRAINAGE EASEMENT ACROSS LOT 9, FOREST LAKE, SECTION B On motion of Mr. Gecker, seconded by Mr. Holland, the Board approved a request for permission from Eddie Smith and Carol L. Hightower for a proposed fence to encroach within a 16- foot easement and a 20-foot sewer and drainage easement across Lot 9, Forest Lake, Section B, 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.C.13.h. FROM R. CHRISTIAN SOWERS AND KRISTEN T. SOWERS FOR AN EXISTING FENCE TO ENCROACH WITHIN A SIXTEEN- FOOT DRAINAGE EASEMENT AND A TEN-FOOT TEMPORARY CONSTRUCTION EASEMENT ACROSS LOT 41, HALLSLEY, GF.C'TT[1AT 1 On motion of Mr. Gecker, seconded by Mr. Holland, the Board approved a request for permission from R. Christian Sowers and Kristen T. Sowers for an existing fence to encroach within a 16-foot drainage easement and a 10-foot temporary construction easement across Lot 41, Hallsley, Section 1, 09-385 06/24/09 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.C.13.i. FROM V M B HOTEL, LLC FOR A CONCRETE DUMPSTER PAD TO ENCROACH WITHIN A SIXTEEN-FOOT WATER EASEMENT ACROSS PROPERTY ON HULL STREET ROAD On motion of Mr. Gecker, seconded by Mr. Holland, the Board approved a request for permission from V M B Hotel, LLC for a concrete dumpster 'pad to encroach within a 16-foot water easement across its property at 13560 Hull Street Road, subject to the execution of a license agreement. (It is a noted a copy of the plat is filed with the papers of this Board . ) Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 8.C.15. APPROVAL OF A WETLANDS MITIGATION AGREEMENT WITH RAGLAND FARM, L.L.C. FOR HARROWGATE ROAD FIRE STATION On motion of Mr. Gecker, seconded by Mr. Holland, the Board authorized the County Administrator to execute a Wetlands Mitigation Agreement with Ragland Farm, L.L.C. for Harrowgate Road Fire Station, Number 21. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 8.C.16. SET DATE FOR PUBLIC HEARING TO CONSIDER AMENDMENTS TO SECTIONS 14-26 AND 14-27 OF THE COUNTY CODE REGULATING EXCESSIVE NOISE AND PROVIDING FOR A PENALTY On motion of Mr. Gecker, seconded by Mr. Holland, the Board set July 22, 2009, at 6:30 p.m. for a public hearing for the Board to consider amendments to Sections 14-26 and 14-27 regulating excessive noise and providing for a penalty. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 8.C.17. REQUESTS FOR MUSIC/ENTERTAINMENT FESTIVAL PERMITS 8.C.17.a. FROM THE CHESTERFIELD COUNTY CHAMBER OF COMMERCE FOR THE CELEBRATION OF THE VINE WINE FESTIVAL On motion of Mr. Gecker, seconded by Mr. Holland, the Board approved a request for a music/entertainment festival permit from the Chesterfield County Chamber of Commerce for the Celebration of the Vine Wine Festival to be held on April 17, 2010, subject to the conditions set forth in the papers of this Board. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. J J J 09-386 06/24/09 8.C.17.b. FOR THE CAPITAL ALE HOUSE VIRGINIA BEER FESTIVAL C On motion of Mr. Gecker, seconded by Mr. Holland, the Board approved a request for a music/entertainment festival permit for the Capital Ale House Virginia Beer Festival to be held on Friday, July 3, 2009, subject to the Capital Ale House providing a minimum of ten portable toilets, at least four of which are handicap accessible. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 8.C.17.c. FROM THE CHESTERFIELD JAYCEES FOR THEIR MID-WEER CONCERT SERIES On motion of Mr. Gecker, seconded by Mr. Holland, the Board approved a request for a musical/entertainment festival permit from the Chesterfield Jaycees for their Mid-Week Concert Series on June 24, July 29, and August 16, 2009. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 8.C.18. AWARD OF CONTRACT TO MOSELEY ARCHITECTS FOR THE PROGRAMMING, DESIGN AND CONSTRUCTION ADMINISTRATION FOR THE ETTRICR-MATOACA LIBRARY RENOVATION PROJECT On motion of Mr. Gecker, seconded by Mr. Holland, the Board authorized the County Administrator to execute a contract with Moseley Architects to perform the programming, design and construction administration for the Ettrick-Matoaca Library Renovation Project. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 8.C.19. APPROVAL OF LEASE FOR THE EMPLOYEE HEALTH CLINIC On motion of Mr. Gecker, seconded by Mr. Holland, the Board authorized the County Administrator to execute a lease for the Employee Health Clinic. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 8.C.20. FY2009 YEAR-END ADJUSTMENTS On motion of Mr. Gecker, seconded by Mr. Holland, the Board approved FY2009 year-end revenue and expenditure adjustments as follows: 1) appropriated revenues and expenditures for specific programs as well as authorized reallocations among general fund departments and related funds and decreased revenues and expenditures as outlined in the papers of this Board on Schedule A; 2) appropriated revenues and expenditures and authorized other adjustments for specific programs, projects and non-general -fund departments as outlined in the papers of this Board on Schedule B; 3) and authorized the County Administrator to reserve and 09-387 06/24/09 appropriate into FY2010 unspent FY2009 appropriations as outlined on Schedule C, contingent upon positive results of operations within individual departments and countywide as determined by the county's financial audit. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. The following items were removed from the Consent Agenda for Board comment: 8.C.l.a. SUPPORTING THE EXTENSION OF HIGH SPEED RAIL SERVICE TO THE RICHMOND REGION Mr. Robert Crum with Richmond Regional Planning District Commission provided a brief explanation of the work being performed in order to bring the high speed rail service to the Richmond region. Ms. Jaeckle stated as the progress is made with this project, from Richmond to Washington D.C., Chesterfield County will keep the residents notified as to the possible changes in the transportation network. Mr. Crum stated all of the work being performed now is able to change to address traffic and environmental concerns. Ms. Durfee expressed appreciation for the cooperation among the localities. On motion of Ms. Durfee, seconded by Mr. Holland, the Board adopted the following resolution: WHEREAS, the connection of high speed rail service to the Richmond Region will offer significant economic opportunities, reduce traffic congestion along the I-95 corridor, save valuable commuting time, and improve air quality; and WHEREAS, the Washington, DC to Richmond Region high speed rail connection is a critical section of the Southeast High Speed Rail Corridor; and WHEREAS, the Capital Region Collaborative Organizing Team has identified the extension of high speed rail from the Washington Metropolitan Area to the Richmond Region as an important regional priority. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 24th day of June 2009, hereby endorses the extension of high speed rail service from the Washington Metropolitan Area to the Richmond Region and encourages the preparation and submission of an application by the Commonwealth of Virginia for funding of this important infrastructure. AND, BE IT FURTHER RESOLVED that the Chesterfield County Board of Supervisors strongly encourages the Federal Rail Administration to approve the Commonwealth of Virginia's funding application for monies to construct high speed rail from the Washington Metropolitan Area to the Richmond Region. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. J J J 09-388 06/24/09 8.C.3. AUTHORIZE THE COUNTY ADMINISTRATOR TO EXECUTE A SPECIAL PROJECT SERVICE AGREEMENT FOR THE RESIDENTIAL RECYCLING AND DROP-OFF PROCESSING PROGRAM THROUGH THE CENTRAL VIRGINIA WASTE MANAGEMENT AUTHORITY In response to Mr. Gecker's question, Mr. Charlie Dane stated the contract runs through 2016 with the opportunity for annual renewal, which allows the county to end or renegotiate the contract each year at the annual renewal date. In response to Mr. Gecker's question, Mr. Micas stated an annual appropriation clause or the full amount of the entire term of the contract must be appropriated. In response to Mr. Holland's question, Mr. Dane stated the seven year contract allows the county to receive a better rate on the contract. In response to Ms. Jaeckle's question, Mr. Dane stated the work of the Citizen's Recycling Committee will be taken into consideration. Mr. Gecker stated he would like an opportunity to review the proposed contract before approving it. On motion of Mr. Gecker, seconded by Ms. Durfee, the Board deferred decision on the special project service agreement for the residential recycling and drop-off processing program through the Central Virginia Waste Management Authority to the evening session. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 8.C.7. ACCEPTANCE AND APPROPRIATION OF FUNDS FROM THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) FOR THE HOMELESSNESS PREVENTION AND RAPID RE-HOUSING PROGRAM, AND AUTHORIZATION FOR THE COUNTY ADMINISTRATOR TO EXECUTE AGREEMENTS WITH HUD, COMMONWEALTH CATHOLIC CHARITIES AND HOMEAGAIN Ms. Jaeckle stated she would like to defer this item for thirty days to allow the Social Services Board time to review the information. On a motion of Ms. Jaeckle, seconded by Ms. Durfee, the Board deferred acceptance and appropriation of funds totaling $515,089 from the U.S. Department of Housing and Urban Development (HUD) for the Homelessness Prevention and Rapid Re-Housing Program, and authorization for the County Administrator to execute agreements with HUD, Commonwealth Catholic Charities and HomeAgain to July 22, 2009. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Q Nays: None. 8.C.14. APPROVAL OF AN ACCESS AND SHARED PARKING EASEMENT AGREEMENT WITH MIDLOGREEN, LLC, AT MIDLOTHIAN LIBRARY On motion of Mr. Gecker, seconded by Ms. Durfee, the Board deferred approval of an access and shared parking easement agreement with Midlogreen, LLC, at Midlothian Library to July 09-389 06/24/09 22, 2009 to allow further discussions with the developer and the County Attorney. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 8.C.21. RESERVE SCHOOL BOARD FY2009 OPERATING APPROPRIATIONS AND REVISE APPOMATTOX REGIONAL GOVERNOR'S SCHOOL APPROPRIATION In response to Mr. Gecker's question, Ms. Kitchen stated the item is a normal year end adjustment item, which reserves specific expenditures from FY2009 to FY2010 and to decrease the appropriations for the Appomattox Regional Governor's SCY1001 . On motion of Mr. Gecker, seconded by Mr. Warren, the Board authorized the County Administrator to reserve and appropriate into FY2010 unspent FY2009 appropriations, contingent upon positive results of operations within individual departments and division wide, as determined by the county's financial audit, as outlined on Attachment A; and (2) decrease the appropriation for the Appomattox Regional Governor's School by $776,200; and (3) realign revenues in the School Operating fund as outlined in Attachment B. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 9. REPORTS 9.A. REPORT ON DEVELOPER WATER AND SEWER CONTRACTS 9.B. REPORT ON STATUS OF GENERAL FUND BALANCE, RESERVE FOR FUTURE CAPITAL PROJECTS, DISTRICT IMPROVEMENT FUNDS AND LEASE PURCHASES 9.C. REPORT ON ROADS ACCEPTED INTO THE STATE SECONDARY SYSTEM On motion of Ms. Durfee, seconded by Mr. 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 and Lease Purchases. And, further, the following roads were accepted into the' State Secondary System: ', ADDITION BRANDY OAKS 10 (Effective 05/04/2009) Beachcrest Court (Route 7371) - From Beachcrest Road (Route 7370) to cul-de-sac Beachcrest Place (Route 7372) - From Beachcrest Road (Route 7370) to cul-de-sac 09-390 T .~rTr_mu 0.21 Mi. 0.07 Mi. 06/24/09 J J J Beachcrest Road (Route 7370) - From Brandy Oaks Boulevard (Route 7368) to Beachcrest Court (Route 7371) 0.14 Mi. u Beachcrest Road (Route 7370) - From Beachcrest Place (Route 7372) to cul-de-sac 0.30 Mi. Beachcrest Terrace (Route 7369) - From Brandy Oaks Boulevard (Route 7368) to cul-de-sac 0.12 Mi. Brandy Oaks Boulevard(Route 7368) - From Beachcrest Terrace (Route 7369) to cul-de-sac 0.27 Mi. Brandy Oaks Boulevard (Route 7368) - From Springford Parkway (Route 659) to Beachcrest Terrace (Route 7369) 0.08 Mi. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 10. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED MATTERS ~., ^i Ms. Carrie Coyner addressed the Board relative to amending the Sign Ordinance to allow businesses without road frontage to advertise with signs. Mr. Warren requested the County Administrator to provide the Board with a position paper on temporary commercial signs for properties without road frontage. Ms. Durfee stated there was discussion on signs at the May Board meeting and the item was referred to the Planning Commission. She requested clarification relative to the discussion from the May Board meeting. Mr. Turner stated a desire has been expressed by individual Board members to review the temporary sign policy to see if changes can be made to aid businesses in this economy. He further stated the Planning Commission requested specific direction from the Board on the temporary sign policy. Discussions ensued relative to the timeframe an agenda item would be brought back before the Board for consideration on the temporary sign policy. Mr. Stegmaier stated at its May meeting, the Board addressed concerns relative to signage for community organizations. He further stated it would be helpful to the Planning Commission for the Board to clarify all of the concerns to be addressed relative to the sign policy. He stated the Planning Commission has requested a formal request from the Board which outlines the specific course of action relative to signs. Ms. Durfee stated signage for businesses was discussed at the May Board meeting. Ms. Jaeckle stated the issue is temporary signage for property without road frontage, because even if the property 09-391 06/24/09 owner receives permission from the main road property owner, it is still illegal to place a sign there. Mr. Holland stated he agreed that the Board needs to make sure the policy relates to temporary signs for commercial properties without road frontage. Mr. Warren stated if the Board is in agreement on the signage concerns, it will be easier for the Planning Commission to have a direction and follow through on it. 11. DINNER On motion of Ms. Durfee, seconded by Mr. Holland, the Board recessed to the Lane B. Ramsey Administration Building, Room 502, for dinner. Ayes: Warren, Decker, Jaeckle, Holland, and Durfee. Nays: None. Reconvening: 12. INVOCATION Deputy County Administrator M. D. "Pete" Stith Jr. gave the invocation. 13. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Auxiliary Lieutenant Stuart B. Morrell led the Pledge of Allegiance to the Flag of the United States of America. 14. RESOLUTIONS 14.A. RECOGNIZING AUXILIARY LIEUTENANT LYNN D. WAGNER, POLICE DEPARTMENT, UPON HIS RETIREMENT Col. Dupuis introduced Auxiliary Lieutenant Lynn D. Wagner, who was present to receive his resolution. On motion of the Board, the following resolution was adopted: WHEREAS, Auxiliary Lieutenant Lynn D. Wagner retired from the Chesterfield County Police Department on June 1, 2009, after providing 26 years of volunteer service to the citizens of Chesterfield County; and WHEREAS, Auxiliary Lieutenant Wagner has faithfully) served the county in the capacity of Auxiliary Officer, Squad Sergeant and Squad Lieutenant; and WHEREAS, Auxiliary Lieutenant Wagner has volunteered a total of 10,904 hours during his 26 years of service; and WHEREAS, Auxiliary Lieutenant Wagner was the recipient of a Unit Citation Award for dedication and diligence displayed in serving the department and whereby the commitment and professionalism of the members of the J J J 09-392 06/24/09 Auxiliary Police Unit provide a safer and more secure community for the citizens of Chesterfield County; and ^~ WHEREAS, Auxiliary Lieutenant Wagner served as the coordinator for the Chesterfield County Fair for the. Auxiliary Police Unit from 1993 through 2008; and WHEREAS, Auxiliary Lieutenant Wagner served as the Recruiting and Training Officer for the Auxiliary Police from 2008 through 2009; and WHEREAS, during his career, Auxiliary Lieutenant Wagner has assisted in numerous missing person cases and provided security at various crime scenes, including the Charity Powers case of 1990; and WHEREAS, Auxiliary Lieutenant Wagner has provided the Chesterfield County Police Department with many years of loyal and dedicated volunteer service; and WHEREAS, Chesterfield County and the Board of Supervisors will miss Auxiliary Lieutenant wagner's diligent service. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 24th day of June 2009, publicly recognizes Auxiliary Lieutenant Lynn D. Wagner, 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 Auxiliary Lieutenant Wagner, and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. Mr. Holland presented the executed resolution to Auxiliary Lieutenant Wagner, expressed appreciation for his volunteer service to the county, and congratulated him on his retirement. Auxiliary Lieutenant Wagner expressed appreciation to his wife for her support and to Colonel Dupuis for the opportunity to have worked with the county. Unit Commander Perry Hornbarger, expressed appreciation to Auxiliary Lieutenant Wagner for his dedication to Chesterfield County. Mr. Stegmaier presented the acrylic statue and county watch to Auxiliary Lieutenant Wagner and expressed appreciation for his dedication to the citizens of Chesterfield County. 09-393 06/24/09 14.B. RECOGNIZING AUXILIARY LIEUTENANT STUART B. MORRELL, POLICE DEPARTMENT, UPON HIS RETIREMENT Col. Dupuis introduced Auxiliary Lieutenant Stuart B. Morrell, who was present to receive the resolution. On motion of the Board, the following resolution was adopted: WHEREAS, Auxiliary Lieutenant Stuart B. Morrell retired from the Chesterfield Police Department on June 1, 2009, after providing over 28 years of volunteer service to the citizens of Chesterfield County; and WHEREAS, Auxiliary Lieutenant Morrell began his volunteer services with the Chesterfield County Fire Department in 1968 at Forest View Company 9 and then moved to Bon Air Company 4 in 1970, where he served until 1972; and WHEREAS, Auxiliary Lieutenant Morrell began his volunteer services with the Police Department in 1985 and has faithfully served in the capacity of Auxiliary Officer, Squad Sergeant and Squad Lieutenant; and WHEREAS, Auxiliary Lieutenant Morrell was recognized as Special Police Officer of the Year for 1998; and WHEREAS, Auxiliary Lieutenant Morrell served as Special Assignment Coordinator for ten years and Prisoner Transport Vehicle Coordinator for seven years; and WHEREAS, Auxiliary Lieutenant Morrell was responsible for locating a Alzheimer subject, who had been missing for a day just prior to the area search being concluded; and WHEREAS, Auxiliary Lieutenant Morrell was the recipient of a Unit Citation Award for dedication and diligence displayed in serving the department and whereby the commitment and professionalism of the members of the Auxiliary Police Unit provide a safer and more secure community for the citizens of Chesterfield County; and WHEREAS, Auxiliary Lieutenant Morrell has provided the Chesterfield County Police Department with many years of loyal and dedicated service; and WHEREAS, Chesterfield County and the Board of Supervisors will miss Auxiliary Lieutenant Morrell's diligent service. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 24th day of June 2009, publicly recognizes Auxiliary Lieutenant Stuart B. Morrell, 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 Auxiliary Lieutenant Morrell, and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. Ms. Jaeckle presented the executed resolution to Auxiliary Lieutenant Morrell, expressed appreciation for his volunteer J J J 09-394 06/24/09 service to the county, and congratulated him on his retirement. 0 ^i Auxiliary Lieutenant Morrell expressed appreciation to Colonel Dupuis for the opportunity to have worked with the county. Unit Commander Perry Hornbarger, expressed appreciation to Auxiliary Lieutenant Morrell for his dedication to Chesterfield County. Mr. Stegmaier presented the acrylic statue and county watch to Auxiliary Lieutenant Wagner and expressed appreciation for his dedication to the citizens of Chesterfield County. 14.C. RECOGNIZING CAREER OFFICER WILLIAM M. "MICKEY" SMITH, POLICE DEPARTMENT, UPON HIS RETIREMENT Col. Dupuis introduced Career Office William "Mickey" Smith, who was present to receive the resolution. On motion of the Board, the following resolution was adopted: WHEREAS, Career Officer William M. "Mickey" Smith will retire from the Chesterfield County Police Department on July 1, 2009, after providing over 28 years of quality service to the citizens of Chesterfield County; and WHEREAS, Career Officer Smith has faithfully served the county in the capacity of Patrol Officer, Senior Police Officer, Master Police Officer and Career Police Officer; and WHEREAS, Career Officer Smith has served as Training Officer, Firearms Instructor, and was the first SWAT/Tactical Training Coordinator; and WHEREAS, Career Officer Smith was instrumental in the development and implementation of gas mask, terrorism and civil disorder training and also recognized for his excellent classroom training on multiple police firearms; and WHEREAS, Career Officer Smith has been a member of S.W.A.T., Special Weapons and Tactic Team, for 24 years; and WHEREAS, Career Officer Smith has served as assistant team leader of the S.W.A.T. team's gold squad for many years; and WHEREAS, Career Officer Smith received a Certificate of Commendation for distinguishing himself as a member of the Tactical Team while assisting the DEA Task Force in the surveillance and arrest of a highly dangerous criminal; and WHEREAS, Career Officer Smith was awarded the Unit Citation Award as a member of the S.W.A.T. Team for successfully completing and excelling in a national level training program; and WHEREAS, Career Officer Smith has received numerous letters of thanks and appreciation for service rendered from the citizens of Chesterfield County; and 09-395 06/24/09 WHEREAS, Career Officer Smith has provided the Chesterfield County Police Department with many years of loyal and dedicated service; and WHEREAS, Chesterfield County and the Board of Supervisors will miss Career Officer Smith's diligent service. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors,' this 24th day of June 2009, publicly recognizes Career Officer William M. "Mickey" Smith, 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 Officer Smith, and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. Ms. Durfee presented the executed resolution to Career Officer Smith, expressed appreciation for his service to the county, and congratulated him on his retirement. Career Officer Smith expressed appreciation to his family for their support and to Colonel Dupuis for the opportunity to have worked for the county. Mr. Stegmaier presented the acrylic statue and county watch to Career Officer Smith and expressed appreciation for his dedication to the citizens of Chesterfield County. 14.D RECOGNIZING MS. BEVERLY F. ROGERS, PLANNING DEPARTMENT, UPON HER RETIREMENT Mr. Turner introduced Ms. Beverly Rogers, who was present to receive the resolution. On motion of the Board, the following resolution was adopted: WHEREAS, Ms. Beverly F. Rogers will retire from the Chesterfield Planning Department on July 1, 2009 after thirty-three years of dedicated service; and WHEREAS, Ms. Rogers began her service in 1976 as the Planning Department's first Code Enforcement Officer when the county had a population of 113,850 residents; and WHEREAS, Ms. Rogers, through her hard work and dedication, rose through the ranks of the Development Review section of the Planning Department, serving in positions of Planner, Senior Planner, Principal Planner and eventually,. Planning Administrator overseeing the zoning process; and WHEREAS, in 1999, Ms. Rogers accepted the leadership of a newly-created division in the Planning Department, becoming the Assistant Director for the Zoning and Special Projects Section; and J J J 09-396 06/24/09 WHEREAS, during her career, Ms. Rogers implemented numerous improvements to the zoning process to include preliminary informational meetings with staff and prospective zoning applicants; rewriting of the Planning Commission's By- laws; policies for cellular communication tower siting and Substantial Accord determination; and, most recently, participation in the development of the county's automated zoning application process; and ^i u WHEREAS, Ms. Rogers forged effective working relationships with the Planning Commission, Board of Supervisors, citizen groups and the development community; and WHEREAS, Ms. Rogers led in the preparation, adoption and implementation of Chesterfield County's modern zoning ordinance guiding quality development; and WHEREAS, Ms. Rogers strengthened the zoning process by promoting team review efforts involving eighteen different county departments and state agencies that currently make up the case review network; and WHEREAS, Ms. Rogers supervised the review of several high profile zoning cases to include the Meadowville Technology Park, the Boulders, HMK, Woodlake, Rivers Bend, Roseland and Stonebridge (Cloverleaf Mall Redevelopment), helping to shape the landscape of the county; and WHEREAS, Ms. Rogers participated in the development of numerous Comprehensive Plan amendments, contributing her extensive knowledge of zoning history and sound planning principles; and WHEREAS, Ms. Rogers has consistently applied a fair, uniform and logical approach to development issues, exemplifying the creative ability to promote a comprehensive vision for the county's development and the technical expertise to execute that vision on a detailed level; and WHEREAS, Ms. Rogers tirelessly pursued positive and progressive departmental changes resulting in process improvements and exemplary customer service standards. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 24th day of June 2009, publicly recognizes the contributions of Ms. Beverly F. Rogers, and extends on behalf of its members and the citizens of Chesterfield County, appreciation for her service to the county and congratulations upon her retirement. AND, BE IT FURTHER RESOLVED that a copy of this resolution be presented to Ms. Rogers and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. Mr. Gecker presented the executed resolution to Ms. Rogers, expressed appreciation for her service to the county, and congratulated her on her retirement. Ms. Rogers expressed appreciation to Mr. Robert Clay, Ms. Jane Peterson, Ms. Darla Orr, Ms. Teresa Davis, and Ms. Pamela Nichols for all of their support. She further expressed appreciation for the opportunity to have worked with the county. 09-397 06/24/09 Mr. Stegmaier presented the acrylic statue and county watch to Ms. Rogers and expressed appreciation for her dedication to the citizens of Chesterfield County. 15. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED MATTERS Ms. Judy Stoneman addressed the Board relative to the excellent job they are doing asking the questions that need to be asked to achieve the results needed for Chesterfield County. 8.C.3. AUTHORIZE THE COUNTY ADMINISTRATOR TO EXECUTE A SPECIAL PROJECT SERVICE AGREEMENT FOR THE RESIDENTIAL RECYCLING AND DROP-OFF PROCESSING PROGRAM THROUGH THE CENTRAL VIRGINIA WASTE MANAGEMENT AUTHORITY Mr. Gecker stated he has had a chance to review the contract and has no further concerns. On motion of Mr. Gecker, seconded by Mr. Holland, the Board authorized the County Administrator to sign a Special Project Service Agreement for the Residential Recycling and Drop-Off Processing Program through the Central Virginia Waste Management Authority. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 16. REQUESTS FOR MANUFACTURED HOME PERMITS AND REZONING PLACED ON THE CONSENT AGENDA TO BE HEARD IN THE FOLLOWING ORDER: - WITHDRAWALS/DEFERRALS - CASES WHERE THE APPLICANT ACCEPTS THE RECOMMENDATION AND THERE IS NO OPPOSITION - CASES WHERE THE APPLICANT DOES NOT ACCEPT THE RECOMMENDATION AND/OR THERE IS PUBLIC OPPOSITION WILL BE HEARD AT SECTION 18 055N0239 (Amended) In Clover Hill Magisterial District, THE CHEATHAM FAMILY LIMITED PARTNERSHIP requests rezoning and amendment of zoning district map from Agricultural (A) to Community Business (C-3) with Conditional Use to permit multifamily and townhouse uses plus Conditional Use Planned Development to permit exceptions to Ordinance requirements on 63.5 acres fronting approximately 550 feet on the north line of Hull Street Road, also fronting approximately 2,400 feet on the west line of Route 288 and located in the northwest quadrant of the intersection of these roads. Density will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for regional mixed use uses. Tax IDs 733-680-Part of 9439; 734- 678-2276; and 734-681-0526 and 3904. Mr. Turner stated the applicant is requesting a 9-month deferral to March 2010. Ms. Kristen Keatley, the applicant's representative, stated the applicant is requesting the deferral to allow more time to work on the road plan. Mr. Warren called for public comment. J J J 09-398 06/24/09 Ms. Dee Bruschella, a Brandermill resident, spoke in support of the 9-month deferral. ^s ~., ^! Ms. Andrea Epps, a Brandermill resident, spoke in support of the 9-month deferral. There being no one else to address the request, the public hearing was closed. On motion of Mr. Warren, seconded by Ms. Durfee, the Board deferred Case 05SN0239 to March 2010. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 09SN0170 In Dale Magisterial District, CHESTERFIELD COUNTY BOARD OF SUPERVISORS proposes a Conditional Use Planned Development and amendment of zoning district map to permit exceptions to Ordinance requirements relative to signage in Multifamily Residential (R-MF) and Agricultural (A) Districts on 43.2 acres located in the northeast corner of the intersection of Lucy Corr Boulevard and Courts Complex Road. Density will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for office use. Tax IDs 770-664-6398; 770-665-8179; 771-664-Part of 9599; and 771-665-3701. Mr. Turner presented a summary of Case 09SN0170 and stated the Planning Commission and staff recommended approval subject to the conditions in the staff report. Ms. Kathy McCray, representing the Lucy Corr Village, stated the conditions in the report were acceptable. Mr. Warren called for public comment. There being no one to address the request, the public hearing was closed. On motion of Mr. Holland, seconded by Ms. Durfee, the Board approved-Case 09SN0170 subject to the following conditions: 1. The following signs shall be permitted in addition to those signs permitted by the Zoning Ordinance: A. A second project identification sign not to exceed 100 square feet in area and twenty (20) feet in height generally located at the intersection of Lucy Corr Boulevard and Courts Complex Road; B. The following signs shall be located internal to the project, not along the public roads and not legible outside of the project: i. Three (3) on-site directory signs, each limited to a maximum area of twenty (20) square feet and eight (8) in height; 09-399 06/24/09 ii. Eight (8) freestanding signs identifying buildings and. uses within the project each limited to a maximum area of twenty (20) square feet and eight (8) feet in height; and iii. On-site directional signs each limited to a maximum area of four (4) square feet and five (5) feet in height. A business logo shall also be allowed on on-site directional signs permitted in accordance with Ordinance requirements which are legible from the adjacent public road. 2. All on-site directional signs permitted in accordance with Ordinance requirements or as part of Condition 1.B.iii may include a business logo. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. nocNnia~ In Bermuda Magisterial District, STONEY GLEN SOUTH ASSOCIATION, INC. requests Conditional Use and amendment of zoning district map to permit recreational facilities in a Residential (R-15) District on 1.5 acres fronting 330 feet on the east line of Glenmorgan Drive, 50 feet south of Glenmorgan Court. Density will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for residential use of 2.51 - 4.0 units/acre. Tax ID 788-641-3532. Mr. Turner presented a summary of Case 09SN0197 and stated the Planning Commission and staff recommended approval subject to the conditions in the staff report. Ms. Kathleen Alexander, President of the Board of Directors for Stoney Glen Association, stated the conditions in the report are acceptable. Mr. Warren called for public comment. There being no one else to address the request, the public hearing was closed. Ms. Jaeckle stated she hopes the children enjoy and appreciate the playground. On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board approved Case 09SN0197 subject to the following conditions: 1. Permitted recreational facilities are limited to playground equipment (i.e. areas accommodating swings, jungle gyms or similar such facilities) and a picnic, shelter. (P) ~, 2. There shall be no outside public address systems or speakers. (P) 3. Any playground equipment shall be located a minimum of forty (40) feet from all property lines, except that such equipment shall be located a minimum of twenty (20) 09-400 06/24/09 J J J feet from any public road. A forty (40) foot buffer shall be provided along the perimeter of playground areas except where adjacent to any public roads and the stormwater management/BMP facility. These buffers shall conform to the requirements of the Zoning Ordinance for buffers less than fifty (50) feet in width and shall be inclusive of required setbacks. (P) ^+~ U Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. nc~cNn~ ~~ In Matoaca Magisterial District, SCOTT & KIM PRICE request Conditional Use and amendment of zoning district map to permit a business (contractor's office and storage yard) incidental to a dwelling in an Agricultural (A) District on 12.4 acres known as 20221 Woodpecker Road. Density will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for residential use of 2.5 units per acre or less. Tax ID 793- 615-9041. Ms. Peterson presented a summary of Case 09SN0165 and stated the Planning Commission and staff recommended denial due to the use failing to conform to the Ettrick Village Plan and not being representative or compatible with existing and anticipated area residential development. Mr. Scott Price, the applicant, accepted the conditions in the report. Mr. Warren called for public comment. There being no one to address the request, the public hearing was closed. On motion of Ms. Durfee, seconded by Mr. Warren, the Board approved Case 09SN0165, subject to the following condition: This Conditional Use shall be granted for a period not to exceed two (2) years from the date of approval. (P) And, further, the Board accepted the following proffered conditions: 1. This Conditional Use shall be granted to and for Scott and Kim Price, exclusively, and shall. not be transferable nor run with the land. (P) 2. This Conditional Use shall be for the operation of a contractor's office and storage yard. (P) 3. A maximum of eight (8) employees shall be permitted on the property at any time other than family member employees that live on the property. (P) 4. A maximum of eight (8) motor vehicles used in conjunction with this business shall be parked on the site at any time. On-site parking for .employees shall also be permitted. (P) 09-401 06/24/09 5. A maximum of two (2) utility trailers associated with this business, each not to exceed two (2) axles and twenty (20) feet in length, shall be stored at the site at any time. (P) 6. Other than the vehicle parking and trailer storage identified in Proffered Conditions 4 and 5, there shall be no outside storage. (P) 7. All vehicles and trailers associated with this business shall be parked/stored a minimum of 550 feet from the ultimate right of way of Woodpecker Road and a minimum of 100 feet from any adjacent property. a. Views of vehicle parking and trailer storage shall be screened from Woodpecker Road by existing buildings and a privacy fence, a minimum of six (6) feet in height. b. Views of vehicle parking and trailer storage shall be minimized from properties to the north, south and east with the provision of fifty (50) foot buffers. These buffers shall comply with the requirements of the Ordinance for fifty (50) foot buffers. (P) 8. Within thirty (30) days of approval of this request, the applicants shall submit a plan depicting the requirements noted in Proffered Condition 7 for approval by the Planning Department. In conjunction with this review, a phasing plan for the installation of required fencing and landscaping shall be reviewed and approved. (P) 9. No clients shall be permitted on the property. (P) 10. Hours of operation shall be limited to between 7 a.m. and 6:00 p.m., Monday through Friday. (P) 11. No additions or exterior alterations shall be permitted to the dwelling or accessory buildings to accommodate this use. (P) 12. There shall be no signs identifying this use. (P) 13. Prior to any site plan approval or within ninety (90) days of a request by the Transportation Department, whichever occurs first, forty-five (45) feet of right of way measured from the centerline of Woodpecker Road immediately adjacent to the property shall be dedicated, free and unrestricted, to and for the benefit of Chesterfield County. (T) 14. Direct vehicular access from the property to Woodpecker Road shall be limited to one (1) entrance/exit. The exact location of this access shall be approved by the Transportation Department. (T) Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. J J J 09-402 06/24/09 17. PUBLIC HEARINGS C l~J 17.A. TO CONSIDER GRANTING AN OPTION AGREEMENT TO COURTHOUSE 3, LLC TO PURCHASE APPROXIMATELY SIX ACRES OF PROPERTY LOCATED ON REYCAN ROAD IN THE CHESTERFIELD COUNTY INDUSTRIAL AIRPARK AND AUTHORIZE SALE OF THE PROPERTY IF THE OPTION IS EXERCISED Mr. Davis stated this date and time has been advertised to consider granting an option agreement to Courthouse 3, LLC to purchase approximately six acres of property located on Reycan Road in the Chesterfield County Industrial Airpark and authorize sale of the property if the option is exercised. Mr. Warren called for public comment. There being no one to address the item, the public hearing was closed. On motion of Mr. Holland, seconded by Mr. Gecker, the Board authorized the County Administrator to enter into the Option Agreement approved by the County Attorney for a 6-acre parcel located on Reycan Road, exclusive of any wetlands, to Courthouse 3, LLC; and authorized the sale of the property if the option is exercised. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 17.B. TO CONSIDER THE FY2010 SECONDARY ROAD IMPROVEMENT BUDGET Mr. Stith stated this date and time has been advertised for a public hearing for the Board to consider the Virginia Department of Transportation's FY2010 Secondary Road Improvement Budget for Chesterfield County. Mr. Warren called for public comment. Ms. Carol Gardner, a Walton Park resident, inquired about the sidewalks in Walton Park that were included in the 2004 Bond Referendum. Mr. McCracken stated the funding for the sidewalks in Walton Park were included in the 2004 Bond Referendum. He further stated the FY2010 Secondary Road Improvement Budget does not include the sidewalks in Walton Park and approval of this item will not affect that project. There being no one else to address this item, the public hearing was closed. On motion of Ms. Durfee, seconded by Mr. Holland, the Board adopted the following resolution: WHEREAS, the Virginia Department of Transportation (VDOT) has submitted its proposed FY2010 Secondary Road Improvement Budget to the county; and WHEREAS, the FY2010 budget represents the implementation of the second year of VDOT's Six-Year Improvement Plan adopted by the Board in August 2008. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors approves the FY2010 Secondary Road Improvement Budget as presented by VDOT. 09-403 06/24/09 (It is noted the projects proposed for funding are outlined in the papers of this Board.) Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 17.C. TO CONSIDER PROPOSED ADJUSTMENTS TO PLANNING DEPARTMENT CONDITIONAL USE FEES Mr. Glenn Larson stated this date and time had been advertised for the Board to consider proposed adjustments to Planning Department Conditional Use fees. Mr. Warren called for public comment. Mr. William Shewmake, representing a number of businesses in the county, urged the Board to approve the adjustments to the Planning Department Conditional Use fees. There being no one else to address this item, the public hearing was closed. On motion of Mr. Holland, seconded by Ms. Durfee, the Board approved the following ordinance amendment: AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING AND RE-ENACTING SECTION 19-25 OF THE ZONING ORDINANCE RELATING TO FEES FOR CERTAIN CONDITIONAL USE APPLICATIONS BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Section 19-25 of the Code of the County of Chesterfield, 1997, as amended, is amended and re-enacted to read as follows: CHAPTER 19 ZONING 0 0 0 Sec. 19-25. Fees. In addition to any other fees required by the county, fees shall be payable to the county treasurer and submitted to the planning department upon filing the following applications: Fee, B ased On Office, Commercial, Application Type Residential and Uses Industrial Uses 4. Certain conditional uses a. Conditional use, family day $300 Not care homes Applicable b. Conditional use for any use incidental to a principal $1,000 $1,000 dwelling unit except family day care homes 09-404 06/24/09 J J J c. Conditional use for $1,000 Not recreational facilities and Applicable grounds primarily serving the surrounding residential community d. Conditional use for communication towers, landfills, quarries, mines, $5,300 $4,100 borrow pits and adult businesses i. Plus per acre after $90 $80 first acre 5. Conditional use, all others $2,200 $1,130 a. Plus per acre after first $90 $80 acre 0 0 0 C L;J (2) That this ordinance shall become effective immediately upon adoption. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 17.D. TO CONSIDER THE VACATION OF A PORTION OF A FIFTY-FOOT RIGHT OF WAY OFF WINTERPOCR ROAD Mr. Stith stated this date and time has been advertised for the Board to consider the vacation of a portion of a 50-foot right of way off Winterpock Road. Mr. Warren called for public comment. Mr. Ralph Mattox an adjacent property owner, spoke in opposition to the request, indicating that his property would be adversely impacted. There being no one else to address the request, the public hearing was closed. In response to Ms. Durfee's question, Mr. Harmon stated staff suggests deferring this item for thirty days to review Mr. Mattox's concerns. On motion of Ms. Durfee, seconded by Mr. Holland, the Board deferred consideration of the vacation of a portion of a 50- foot right of way off Winterpock Road to July 22, 2009. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 19. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED MATTERS There were no speakers at this time. 09-405 06/24/09 20. ADJOURNMENT On motion of Mr. Holland, seconded by Ms. Durfee, the Board adjourned at 7:32 p.m. until July 22, 2009 at 1:00 p.m. for a joint meeting with the Board of Supervisors, Planning Commission and School Board at the Eanes-Pittman Public Safety Training Center regarding the Comprehensive Plan, followed by the regularly scheduled Board of Supervisors meeting at 3 p.m. in the Public Meeting Room. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. J J J •~~~ J mes .L. Steg aier ounty Administrator Arthur S. Warren Chairman 09-406 06/24/09