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2009-07-22 MinutesBOARD OF SUPERVISORS MINUTES July 22, 2009 u u 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 School Board Members in Attendance Mr. Marshall Trammell, Jr. Chairman Mr. David Wyman, Vice Chrm. Ms. Dianne Pettitt Ms. Patricia Carpenter Planning Commission Members in Attendance Mr. Russell Gulley, Chairman Dr. William Brown, Vice Chrm. Mr. F. Wayne Bass Mr. Reuben Waller, Jr. Mr. Sam Hassen Staff in Attendance: Ms. Janice Blakley, Clerk to the Board Mr. Kevin Bruny Chief Learning Officer Mr. Allan Carmody, Dir., Budget and Management Ms. Jana Carter, Dir., Juvenile Services Ms. Marilyn Cole, Asst. County Administrator Mr. Barry Condrey, Chief Information Officer Mr. Roy Covington, Dir., Utilities Ms. Mary Ann Curtin, Dir., Intergovtl. Relations Mr. Michael Dance, Asst. Dir., Accounting 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. Donald Kappel, Dir., Public Affairs Mr. Rob Key, Director, General Services Mr. Louis Lassiter, Dir., Internal Audit Ms. Mary Lou Lyle, Acting Deputy County Admin. Management Services Mr. Mike Mabe, Dir., Libraries Mr. John McCracken, Dir., Transportation Mr. Doug Pritchard, Engineering Supervisor, Environmental Engineering Mr. Steven L. Micas, County Attorney Mr. David Myers, Asst. Superintendent of Schools for Business and Finance 09-407 07/22/09 Dr. Marcus Newsome, Supt. of Schools Ms. Cynthia Richardson, Dir., Planning, CCPS Chief Edward Senter, Fire Department Mr. Shawn Smith, Asst. Dir., Community Relations, COPS Ms. Sarah Snead, Acting Deputy County Admin., Human Services Mr. M. D. Stith, Jr., Deputy County Admin., Community Development Mr. ,Thomas Taylor, Dir., Block Grant Office Mr. Kirk Turner, Dir., Planning GETTING STARTED Mr. warren called the meeting to order at 1:06 p.m. Mr. Trammell called to order the meeting of the School Board and expressed appreciation for the opportunity to participate with the Comprehensive Plan process. Mr. Gulley called to order the meeting of the Planning Commission and expressed appreciation for the opportunity to participate with the Comprehensive Plan process. SETTING THE STAGE Mr. Turner welcomed the Board of Commission and School Board members joint meetings with the consultants Plan. He stated the purpose of th recommendations from the Board of Commission and School Board. PROJECT OVERVIEW Supervisors, Planning to the first of four on the Comprehensive is meeting is to hear Supervisors, Planning Mr. Vlad Gavrilovic provided a brief overview of the Chesterfield County Comprehensive Plan review process. Mr. Milt Herd provided an update on the status of work being performed for the Comprehensive Plan review which includes stakeholder meetings, countywide workshops, and Steering Committee meetings. Mr. Warren recognized Delegate Lee Ware, who was present at the meeting. ISSUES OVERVIEW Mr. Gavrilovic provided a brief overview of emerging issue topics, such as existing studies, state requirements, population, growth trends, and housing. J J J 09-408 07/22/09 DISCUSSION ^~ u In response to Mr. Gulley's questions, Mr. Gavrilovic stated the existing land use plans in the county will be used as the base work for the Comprehensive Plan revisions along with feedback from the district meetings. He further stated the consultants will work with the community to ensure the concerns stated at the district meetings are incorporated in the Comprehensive Plan. Ms. Durfee stated the county currently has twenty-one area plans, some of which do not contain current information, and the Board would welcome new information for those plans. In response to Mr. Wyman's question, Mr. Gavrilovic stated community input consists of Steering Committee meetings, district meetings, and information received on the website. In response to Mr. Holland's questions, Mr. Gavrilovic stated all of the information communicated to citizens at district or community meetings will also be available on the Comprehensive Plan website. He further stated the Board of Supervisors, Planning Commission or School Board members can attend any district meeting. Ms. Barbara Fassett stated a sixth district meeting is in the process of being scheduled. Ms. Jaeckle stated the school system needs to be included in the Revitalization Element of the Scope of Work. She further stated the Back to School nights at the area schools could be used to help educate citizens. Dr. Brown stated it is imperative to get the citizens involved. He further stated the citizens could be advised of the meetings at the Back to School nights for the area schools. In response to Mr. Wyman's questions, Mr. Glenn Larson stated the Planning Department will work with the School Board during the building assessment process to ensure the schools that need renovations will be noted in the Comprehensive Plan. Mr. Holland and Mr. Wyman stated it is imperative to get the input from the citizens in the Chippenham Corridors. Ms. Carpenter cautioned putting too much on parents during the Back to School nights at the schools. Mr. Trammell stated the Back to School nights could be structured to include a simple timeline of the Comprehensive Plan process. Mr. Gavrilovic stated at least two hours are need for the meetings on the Comprehensive Plan to allow ample time for questions and answers. Mr. Trammell suggested distributing information at the first football games of the season. In response to Ms. Durfee's questions, Mr. Gavrilovic stated the consultant will be looking at the levels of service for all county facilities and locations and incorporating the 09-409 07/22/09 countywide vision. He further stated the consultant will review which facilities have efficient measures. Mr. Waller stated the past may be a good guide for the future and advised the consultants to review secondary roads, extension of the Powhite Parkway, Meadowville and environmental sustainability. Ms. Durfee stated a regional report has been received on green infrastructure. Mr. Trammell suggested the consultant review ways of getting children to walk to school. In response to Dr. Brown's questions, Mr. Gavrilovic stated Chesterfield County has many similarities and differences as other localities he has worked with in the past. He further stated the consultant use all of the information and plug it into the equation to reach the best decision whether it is redevelopment of buildings or revitalization. In response to Mr. Bass' question, Mr. Gavrilovic stated the vision for the Comprehensive Plan will be complete around February. In response to Dr. Brown's question, Mr. Gavrilovic stated briefings will be provided to the Board of Supervisors, Planning Commission and School Board as they are available. In response to Mr. Holland's question, Mr. Gavrilovic stated economic development and redevelopment benefits everyone. In response to Mr. Waller's question, Mr. Gavrilovic stated the consultant will focus on the stormwater plan proposed from the state. Mr. Warren expressed appreciation for the consultants work on the Comprehensive Plan. On motion of Mr. Holland, seconded Ms. Durfee, the Board recessed until 3:00 p.m. in the Public Meeting Room. Reconvening: 1. APPROVAL OF MINUTES On motion of Mr. Holland, seconded by Ms. Durfee, the Board approved the minutes for June 24, 2009, as submitted. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 2. COUNTY ADMINISTRATOR'S COMMENTS 2.A. COUNTY ADMINISTRATOR'S REPORT Mr. Stegmaier provided an update regarding the changes in the way the County Administrator's Top 40 List will look with projects being categorized into three areas - current critical projects, ongoing projects and completed projects. He stated during the last year, over 25 projects were completed. He provided an update regarding the progress of the Ukrop's Soccer and Poseidon Swimming Complex. Mr. Holland stated he is very excited about the progress at the Ukrop's Soccer and Poseidon Swimming Complex. J J J 09-410 07/22/09 Mr. Stegmaier stated commercial development around the Ukrop's Soccer and Poseidon Swimming Complex is benefiting from the extra activity at the athletic facilities. C•7 r, ~C CROSS CONNECTION AND BACKFLOW PREVENTION PROGRAM Mr. Covington provided information regarding the progress of the Cross Connection Control and Backflow Prevention Program in the county. In response to Ms. Jaeckle's questions, Mr. Covington stated Backflow contamination of the water supply does not happen often, but when it does happen it is on a large scale. He further stated from the surveys the Utilities Department has done, the cost to the homeowner will be $50 to $150 a year. He stated as the contractors turn the sprinkler systems on or off for the homeowners, it would be cost effective to have the Backflow checked at that time. 2.B.RECOGNITION OF THE CHESTERFIELD-COLONIAL HEIGHTS DEPARTMENT OF SOCIAL SERVICES BENEFIT PROGRAMS DIVISION Ms. Marsha Sharpe provided information regarding the Chesterfield-Colonial Heights Department of Social Services Benefit Programs Division receiving the SNAP (Supplemental Nutrition Assistance Program) Payment Accuracy Award, which was one of only two given to Social Services Departments in the Commonwealth of Virginia. 3. BOARD MEMBER REPORTS Mr. Holland stated the first Pony Baseball World Series to be held in Chesterfield will take place at Ironbridge Park July 29th through August lst 4. REQUESTS TO POSTPONE AGENDA ITEMS AND ADDITIONS, DELETIONS OR CHANGES IN THE ORDER OF PRESENTATION u On motion of Mr. Gecker, seconded by Mr. Jaeckle, the Board replaced Item 7.C., Consideration of an Access and Shared Parking Easement Agreement with Midlogreen, LLC, at Midlothian Library; replaced Item 15.B., Resolution Recognizing Boy Scouts Upon Attaining the Rank of Eagle Scout; replaced Item 18.F., Public Hearing to Consider the Exercise of Eminent Domain for the Acquisition of Water, Temporary Construction and Drainage Easements for the Southwest Corridor Waterline Project - Phase II, Part A; and added Item 8.A.3., Appointment to GRTC Transit System Board of Directors. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 5. RESOLUTIONS 5.A. RECOGNIZING COMCAST METRO RICHMOND FOR ITS GENEROUS DONATION TOWARD THE CHESTERFIELD COUNTY PARRS AND RECREATION DEPARTMENT'S 2009 CHESTERFIELD CELEBRATES CAMPAIGN Mr. Golden introduced Mr. Henry Pearl and Mr. Kenneth Dye, who were present to receive the resolution. On motion of the Board, the following resolution was adopted: 09-411 07/22/09 WHEREAS, the Chesterfield County Parks and Recreation Department promotes community involvement through leisure services, including special events; and WHEREAS, the annual Fourth of July Celebration, Richmond Symphony concerts, and Parade of Lights are among the free events offered to county citizens of all ages; and WHEREAS, Comcast Metro Richmond has continued its relationship with the Parks and Recreation Department through a donation to the 2009 "Chesterfield Celebrates" campaign; and WHEREAS, this donation makes a significant impact on the enhancement of special events funded through this campaign; and WHEREAS, Comcast Metro Richmond continually gives back to the Chesterfield community through its philanthropy; and WHEREAS, through the cooperat Pearl, Vice President, Operations, Director Government and Community community/private partnerships has with increased awareness to explore other programs; and ive efforts of Mr. Henry and Mr. Kenneth M. Dye, Affairs, the spirit of provided the department similar opportunities for WHEREAS, Chesterfield County truly appreciates the support of Comcast Metro Richmond and looks forward a continued strong relationship. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 22nd day of July 2009, publicly recognizes Comcast Metro Richmond for its generous contribution toward the 2009 "Chesterfield Celebrates" campaign. AND, BE IT FURTHER RESOLVED that a copy of this resolution be presented to Comcast Metro Richmond 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. Pearl and Mr. Dye and expressed appreciation for Comcast Metro Richmond's generous donation, as well as the numerous contributions they provide to the county. Mr. Dye expressed appreciation for the recognition and stated he hopes the partnership with Chesterfield County continues. 7.B. RECOGNIZING MRS. LINDA WEST, INFORMATION SYSTEMS TECHNOLOGY DEPARTMENT, UPON HER RETIREMENT Mr. Barry Condrey introduced Mrs. Linda West, who was present to receive the resolution. On motion of the Board, the following resolution was adopted: J J J 09-412 07/22/09 WHEREAS, Mrs. Linda West will retire from the Chesterfield County Information Systems Technology Department on August 1, 2009 after providing 32 years of quality service to the citizens of Chesterfield County; and C WHEREAS, Mrs. West has faithfully served the county in the capacity of secretary, administrative secretary, administrative assistant, administrative officer and administrative supervisor for the Information Systems Technology Department; and WHEREAS, Mrs. West was selected as the employee of the year in 1989, in 2000, and again in 2007, and remains the only employee in the department to ever be recognized more than once for this high honor; and WHEREAS, Mrs. West received a certificate for an office procedures course at John Tyler Community College, a certificate in management skills for secretaries from Keye Productivity Center, earned a Quality Management certificate and received numerous certificates from colleges and Chesterfield University for Microsoft products used in performance of her job; and WHEREAS, Mrs. West has been a strong proponent of education and lifelong learning by making educational opportunities available to her staff, and setting an example by graduating from the Chesterfield Total Quality Improvement University in 1999, the Total Quality Improvement Advisors Class of 1999, the Chesterfield County Employee Leadership Institute in 1992 and the Chesterfield County Supervisory Leadership Institute in 1994; and WHEREAS, Mrs. West has participated on the Information Technology Steering Committee since its inception in April 1998, faithfully organizing the meetings, producing the meeting minutes, and organizing the annual retreats; and WHEREAS, Mrs. West has been instrumental in managing and guiding the Information Systems Technology Department through her participation on numerous departmental teams including the quality council, goal teams, policy and procedures team, and the production of the Information Systems Technology Newsletter; and WHEREAS, Mrs. West has participated on many county-wide teams including policy and procedures teams, Mr. Lane Ramsey's retirement celebration planning team and the workplace violence team; and WHEREAS, Mrs. West has performed many acts of kindness and charity while in service to Chesterfield County, including working with the Christmas Mother program since 1978, participating with CCHASM by producing their newsletter, working on many United way Campaigns, working with the Sheriff's Office in supporting the seniors TRIAD program, volunteering for the Meals on Wheels program, and working with the YMCA to assist children in shopping for school supplies; and WHEREAS, Mrs. West has earned the admiration and respect of her peers and colleagues at Chesterfield County for her attention to detail, dedication, calm demeanor, enthusiasm, caring nature, and her ability to manage complicated administrative tasks; and WHEREAS, Mrs. West will be remembered by her co-workers as a humble woman who performed her job in a superior manner, with impeccable ethics, never wanting to be noticed or 09-413 07/22/09 recognized or appear in the forefront for her many accomplishments; and WHEREAS, Mrs. West has made many lasting contributions to Chesterfield County and to the IST staff who will be forever grateful for her abilities, pleasant personality and most importantly, her faithful friendship; and WHEREAS, Chesterfield County and the Board of Supervisors will miss Mrs. West's diligent service. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 22nd day of July 2009, publicly recognizes Mrs. Linda West, 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 Mrs. West,. and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. Mr. warren presented the executed resolution to Mrs. West, expressed appreciation for her dedication to Chesterfield County and wished her well in her retirement. Mrs. West expressed appreciation for the opportunity to have worked at Chesterfield County. Mr. Stegmaier presented Mrs. West with the county watch and acrylic statue. 6. WORK SESSIONS There were no Work Sessions at this time. 7. DEFERRED ITEMS 7.A. 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_AND DIRECT THE COUNTY ADMINISTRATOR TO STUDY THE FEASIBILITY OF ACHIEVING LEED CERTIFICATION ON THIS BUILDING AND TO SUBMIT A RECOMMENDATION TO THE BOARD OF SUPERVISORS Ms. Snead stated this date and time has been set aside to review additional information on the construction contract for the Smith-Wagner Building. Mr. Gecker stated he is not prepared to award the contract to A. D. Whitaker. He further stated it is a project that has been on the CIP for a long time and funding is in place, but expressed concerns with building a non-LEED Silver certified building in violation of county policy. He stated the Board is expected to take a leadership role in sustainable design and the proposed building does not do that. He further stated the current building does not meet the requirements for the number of personnel there and something needs to be done soon. He stated in reviewing the material provided to J J J 09-414 07/22/09 u the Board it appears there will be a lot of empty space in the proposed building, which will not be user friendly for other departments in the complex that may need to use it in the future. He further stated the proposed building should have been planned better to allow for the moving of other departments in and not specifically designed for the Health and Social Services Departments alone. He stated the rate of expansion in the Health and Social Services Departments has slowed and the proposed capacity is not needed for those two departments. He further stated he would like to see the building be redesigned to get a building that is LEED Silver certified and that would accommodate not only the Health and Social Service needs but the needs of other groups of employees that are currently occupying lease space in the county. Mr. Warren stated he was prepared to support the contract prior to the meeting, but when a Board member raises concerns which have not been resolved on a $10 million project; it causes him to question whether the project is in the best interest of the citizens of Chesterfield County. He further stated the project needs to be completed as quickly as possible due to the bids being received by the county are lower than normal. Ms. Durfee expressed concerns relative to waiting longer to get the building built for the Health and Social Services Departments. In response to Ms. Durfee's question, Mr. Stegmaier stated the building as it is designed includes most of the simple environmental and energy efficiency provisions that would add up to LEED points, but to achieve LEED certification for the building the HVAC system would need to be redesigned and the contractor is not willing take the risk the additional time would put on him. He further stated it is possible to redesign the building to make it LEED certified and to incorporate more flex space and fewer hard offices. He stated the proposed building was designed for the Health and Social Services Departments and not designed with flex space. He further stated the goals of LEED certification and taking advantage of the low bid cannot be met at this time and to reach both of those goes the county needs to go back through the process of redesign and rebidding the project. Ms . Durfee stated the county is possibly running the risk of the cost going up for the proposed building if it is redesigned and rebid. In response to Ms. Durfee's question, Mr. Stegmaier stated the county currently has some credits towards LEED certification on this project and could possibly get additional credits through a change order process, but with this contract before the Board today, could not get LEED. certification. He further stated LEED certification would not be possible on this building due to the design of the HVAC systems and the contractor is not willing to wait for the county to redesign it to the extent needed and hold his price on the bid. Ms . Durfee stated this project was in place before the Board came into office and the Board is trying to make the best decision and it will be a difficult one. She further stated 09-415 07/22/09 she has heard concerns from employees about why the Board is not making a decision on this much .needed project. In response to Ms. Jaeckle's question, Mr. Stegmaier stated staff is confident the redesign of the building to meet the LEED standards can be achieved in 4 to 6 weeks, although if the Board directs staff to address the size of the building the redesign time would be substantially longer. Ms. Jaeckle stated she would like to see the footprint of the building redesigned to make it more flexible for other departments along with redesigning the building to meet the LEED standards. Mr. Holland stated the space is needed now for the Health and Social Services Departments. Mr. Bob Rivers stated redesigning the building and returning to the Board with a change order would take six to eight weeks if that was the route chosen, which would still be approximately 16 weeks from where we are today to get the project started, and the contractor is not willing to wait that long. He further stated staff in the Smith-Wagner Building is working in crowded conditions and those issues were to be addressed with this proposed facility. He stated if the Board directs staff to redesign the building it will be done from a different perspective, particularly with the reference to more flexible space. In response to Mr. Holland's question, Mr. Rivers stated several organizations have been identified that could possibly utilize the flex space. He further stated as staff evaluates those organizations, the compatibility of use, egress and ingress to the facility and security issues will be reviewed. He stated staff has an excellent track record of modifying space slightly to make it work for whatever organization may need it. Mr. Holland stated he is prepared to support the contract. In response to Ms. Jaeckle's question, Mr. Rivers stated if the county would have moved forward with the building last year, the cost would have been approximately $15 million. Ms. Jaeckle stated she would rather wait and get the building correct with the LEED certification and the flex space. She further stated the space is needed for the Health and Social Services Departments, but the building needs to be designed properly. Ms. Durfee expressed concerns regarding the amount of time since the project has been on the CIP and the building is still not built. She further expressed concerns for the users of social services not understanding the information about the flexibility of space, but needing the convenience of being able to get in and out. Mr. Rivers explained the overall capital improvement process. He stated if the Board directs staff to redesign the project, it will take approximately six to eight months to redesign and then the new bid process will begin. J J J 09-416 07/22/09 In response to Mr. Holland's question, Mr. Rivers stated it would take approximately six to eight months to have a redesign completed. ^+It In response to Ms. Durfee's question, Mr. Rivers stated the cost could go up and the timeframe for the building being on the ground would change. Ms. Durfee stated are there are costs associated with staff's time also. In response to Mr. Gecker's question, Mr. Rivers stated the initial decisions on the design of the building were made with information known at the time. He further stated if the Board directs staff to redesign the building, staff will be looking at it differently than before. Mr. Gecker stated the needs in the Smith-Wagner Building are not going to be near what was forecasted in the future tc justify a building of this size. He further stated there is no question space is needed in the Health and Social Services Building but the size of the proposed building does not seem justifiable with taxpayers' dollars. In response to Mr. Holland's questions, Ms. Snead stated growth is anticipated, for example, each team in Social Services has an additional office. She further stated some of the number of seats in the building are not office spaces; they may be cubicle or work spaces. She further stated staff anticipates fully utilizing the space in the building by moving staff out of leased space and into the building. She stated fully utilizing the proposed building could result in a savings of approximately $213,000 a year by the county. Mr. Warren stated a majority of the Board still has concerns with the project . In response to Ms. Durfee's question, Mr. Stegmaier stated LEED certification can be achieved in the design of the building, and if that is the direction the Board wants to go with minor modifications within the building to create more flexible space, but not change the size of the building, it can be done in four to six weeks. He further stated at that point, the project would have to be rebid. He stated if the Board moves forward and redesigns the building to be LEED certified and make the changes suggested to the footprint, the timeframe would be six to eight months. Ms. Durfee stated employees have been waiting for this building for a long time and the project came before the Board took office. She further' stated all of the issues stated cannot be met with the current building design. She expressed concerns with the lack of space to meet the needs of the users of the Health and Social Services Departments. Mr. Gecker stated when the Board began reviewing the project the first inquiry was relative to the LEED Silver certification and the answer was no. He further stated since the LEED Silver certification cannot be met without rebidding the project, why. not have it redesigned to meet the needs of the county. He further stated if the county is committed to building a Health and Social Services building just for those departments to utilize, the size of the building needs to come down. He stated he is prepared to build an addition onto the building, provided the space can be configured to bring those employees in leased space into the building, but 09-417 07/22/09 unfortunately that cannot be done. He further stated he is not prepared to vote for the county to build a non-LEED Silver certified building, well-designed or not. He stated the Board continues to push other portions of the county such as the school division to build LEED certified buildings and it is inappropriate for the Board to approve their first project non-LEED Silver certified. Ms. Jaeckle stated there is so much information from the original design that can be used in the redesign of the building that the county will not have to start from scratch again. She further stated the building needs to be built so if an outside department needed to use it, the Health or Social Services Departments would not be interrupted. Mr. Micas stated the motion would be to reject all bids for the renovation and addition to the Health and Social Services building including the low bid of A. D. Whitaker. On motion of Mr. Gecker, seconded by Mr. Warren, the Board rejected all bids for the renovation and addition to the Health and Social Services building including the low bid of A. D. Whitaker. Ayes: Warren, Gecker, and Jaeckle. Nays: Holland and Durfee. Mr. Warren requested the input given at the Board meeting from all of the Board members be incorporated into the process. Ms. Jaeckle stated it will probably cost the county more to build this building, but not as much if the Board had moved forward last year. 7.B. ACCEPTANCE AND APPROPRIATION OF FUNDS FROM THE UNITED STATES 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. Snead stated this date and time had been set aside for the Board to consider acceptance and appropriation of funds from the United States Department of Housing and Urban Development (HUD) for the Homelessness Prevention and Rapid Re-Housing Program. She further stated there has been a request to defer this item to allow more discussion. Ms. Jaeckle expressed concerns relative to the amount of the grant that is actually disbursed through the process. On motion of Ms. Jaeckle, seconded by Mr. Gecker, the Board deferred acceptance and appropriation of funds from the United States 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 August 26, 2009. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. J J J 09-418 07/22/09 7.C. CONSIDERATION OF AN ACCESS AND SHARED PARKING EASEMENT AGREEMENT WITH MIDLOGREEN, LLC, AT MIDLOTHIAN LIBRARY ^~It U Mr. Micas stated this the Board to consider agreement with Midlog expressed appreciation for their flexibility agreement. date and time had been set aside for an access and shared parking easement reen, LLC at Midlothian Library. He to Mr . John Easter and Mr . Tom Garner and their public mindedness in this Mr. Gecker expressed appreciation for Mr. Garner's public mindedness. 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 access and shared parking easement agreement with Midlogreen, LLC, at Midlothian Library. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 8. NEW BUSINESS 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: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 8.A.1. SOCIAL SERVICES BOARD On motion of Mr. Holland, seconded by Ms. Durfee, the Board simultaneously nominated/appointed Dr. J. Wayne Mancari to serve on the Social Services Board, whose term shall begin immediately and expire June 30, 2013. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 8.A.2. YOUTH SERVICES CITIZEN BOARD On motion of Mr. Holland, seconded by Ms. Durfee, the Board simultaneously nominated/appointed/reappointed the following adult representatives, to serve on the Youth Services Citizen Board: Name District Term Exp iration Barbara Mait Dale June 30, 2012 Brenda Hornsby Midlothian June 30, 2012 Scott Simmons Midlothian June 30, 2011 Janet Hall Matoaca June 30, 2012 09-419 07/22/09 And, further, the Board simultaneously nominated/reappointed/ appointed the following students to serve on the Youth Services Citizen Board, whose terms are effective July 1, 2009 and will expire June 30, 2010: Name District Brittany Bullock Dale Kristen Follo Bermuda Christopher Towns Bermuda Anastacia Martyn Midlothian Rose Bono Midlothian Katherin Hillgrove Midlothian Rebecca Collins Midlothian John Fitzgerald Clover Hill Gabrielle Badura Clover Hill Matthew Butta Clover Hill Steven Bond Matoaca Sidney Gafford Matoaca Andrew Bennett Matoaca Daniel Timberlake Matoaca Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 8.B. STREETLIGHT INSTALLATION COST APPROVALS On motion of Mr. Holland, seconded by Mr. Gecker, the Board approved the following streetlight installations: BERMUDA DISTRICT: • In the Wellington Farms subdivision: At the intersection of Wellington Farms Drive and Wellington Farms Place Cost to install streetlight: $2,551.13 DALE DISTRICT: • In the Kings Grove subdivision: At the intersection of Kings Grove Court and Kings Grove Drive Cost to install streetlight: $1,141.73 Kings Grove Terrace, at rear of 5842 Kings Grove Drive Cost to install streetlight: $1,141.73 8.C. CONSENT ITEMS 8.C.1. AMENDMENT TO BOARD MINUTES OF MAY 27, 2009 On motion of Mr. Gecker, seconded by Mr. Warren, the Board amended the minutes of May 27, 2009 as follows: FROM: "Mr. Gecker seconded the motion of Mr. Holland for the Board to approve amending the county's appropriations resolution and to transfer the undesignated Capital Improvement Appropriation of $51,400,600 for FY2010 to the School Capital Improvement Fund." TO. "Mr. Gecker seconded the motion of Mr. Holland for the Board to approve amending the county's appropriations resolution J J J 09-420 07/22/09 and to transfer the undesignated Capital Improvement Appropriation of $51,438,600 for FY2010 to the School Capital Improvement Fund." C 0 ~'J Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 8.C.3. DESIGNATION OF FY2010 CHESTERFIELD ROAD FUND (REVENUE SHARING) PROJECTS AND TRANSFER OF FUNDS On motion of Mr. Gecker, seconded by Mr. Warren, the Board adopted the following resolution designating Beach Road at Brandy Oaks, Newbys Bridge Road (Valencia Road to Shepherds Watch Drive) and Newbys Bridge Road (Sunnygrove Road to Cogbill Road) as the county's FY2010 Chesterfield Road Fund (Revenue Sharing) projects: WHEREAS, Section 33.1-75.1 of the Code of Virginia permits the Commonwealth Transportation Board to make an equivalent matching allocation to any County for designations by the governing body of up to $1M in funds received by it during the current fiscal year pursuant to the "State and Local Fiscal Assistance Act of 1972" for use by the Commonwealth Transportation Board to construct, maintain, or improve primary and secondary highway systems within such County; and WHEREAS, the Chesterfield County Board of Supervisors has made available $1 million for the Chesterfield Road Fund (VDOT Revenue Sharing Program) with the adoption of the FY2010 Appropriation Resolution and other Board action; and WHEREAS, the Virginia Department of Transportation has notified the county that $1 million is the maximum amount of Chesterfield County funds that will be matched by the state during FY2010. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors allocates $1 million to be matched by the State for the FY2010 Chesterfield Road Fund (VDOT Revenue Sharing Program). AND, BE IT FURTHER RESOLVED that the matched funds be allocated to the following projects: $130,600 Beach Road at Brandy Oaks Preliminary Engineering, Right-of-way, and Construction $65,300 - VDOT and $65,300 - County $934,700 Newbys Bridge Road (Valencia Road to Shepherds Watch Drive) Preliminary Engineering, Right-of-way, and Construction $467,350 - VDOT and $467,350 - County $934,700 Newbys Bridge Road (Sunnygrove Road to Cogbill Road) Preliminary Engineering, Right-of-way, and Construction $467,350 - VDOT and $467,350 - County 09-421 07/22/09 And, further, the Board transferred $500,000 from the Industrial Access account to the Chesterfield Road Fund account. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 8.C.4. ADOPTION OF RESOLUTIONS 8.C.4.a. SUPPORTING THE CHESTERFIELD COUNTY DOMESTIC AND SEXUAL VIOLENCE RESOURCE CENTER'S APPLICATION FOR THE STATE ATTORNEY GENERAL'S COMMUNITY RECOGNITION PROGRAM FOR PROMISING PRACTICES IN DOMESTIC VIOLENCE RESPONSE On motion of Mr. Gecker, seconded by Mr. Warren, the Board adopted the following resolution: WHEREAS, domestic violence impacts thousands of Virginians each year and threatens our citizens, our families, our children, our homes, and our communities; and WHEREAS, the Board of Supervisors of Chesterfield County is committed to the safety and security of our citizens and communities who are impacted by domestic violence and to holding perpetrators of domestic violence accountable for their actions; and WHEREAS, the Chesterfield County Board of Supervisors continues to support promising programs and initiatives to address the issue of domestic violence in our community and among our citizens; and WHEREAS, the Chesterfield County Board of Supervisors has the opportunity to apply for recognition for the domestic violence practices and initiatives of our community from• The Attorney General's Community Recognition Program for Promising Practices in Domestic Violence Response, a program supported by the Office of the Governor, the Department of Criminal Justice Services, the Department of State Police, the Office of the Chief Medical Examiner, the Office of the Executive Secretary of the Supreme Court, the Virginia Poverty Law Center, and the Virginia Sexual and Domestic Violence Action Alliance; and WHEREAS, an application for recognition by the Attorney General's Community Recognition Program requires a resolution of support from the local governing body. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Chesterfield County, this 24th day of July 2009, wishes to apply for recognition by the Attorney General's Community Recognition Program for Promising Practices in Domestic Violence Response and that the Chesterfield County Board of Supervisors fully supports all reasonable efforts to meet the application requirements established by the Office of the Attorney General for such application. AND, BE IT FURTHER RESOLVED that our community application for recognition requires the designation of a local coordinator representing an existing inter-agency domestic violence team as the contact point for the recognition process, and the Chesterfield County Board of Supervisors designates The Chesterfield Domestic and Sexual J J J 09-422 07/22/09 Violence Resource Center to represent our community for participation in this program. C Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 8.C.4.b. APPROVING APPLICATION TO VIRGINIA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT FOR 2008 NEIGHBORHOOD STABILIZATION FUNDS AND APPROPRIATION OF FUNDS FOR USE IN ASSISTING WITH REDEVELOPMENT OF ABANDONED AND FORECLOSED HOMES ^f On motion of Mr. Gecker, seconded by Mr. Warren, the Board adopted the following resolution: WHEREAS, the federal government has made funds available through the Neighborhood Stabilization Program, authorized under Title III of Division B of the Housing and Economic Recovery Act of 2008; and WHEREAS, federal funds were allocated to the Virginia Department of Housing and Community Development for local governments in Virginia; and WHEREAS, the Virginia Department of Housing and Community Development has made funds available to local governments in Virginia by means of a competitive application process; and WHEREAS, the Virginia Department of Housing and Community Development requires a Local Government Resolution; and WHEREAS, Chesterfield County intends to apply for funds through the Community Development Block Grant Department for the Chesterfield County Neighborhood Stabilization Program; and WHEREAS, the purpose of the funds is to assist in the redevelopment of abandoned and foreclosed homes; and WHEREAS, the estimated cost of acquisition, rehabilitation, energy upgrades, program delivery, downpayment assistance and administrative costs for the Chesterfield County Neighborhood Stabilization Program funds for four homes is $657,201; and WHEREAS, leveraged funds in the amount of $50,000 from the fiscal year 2009-2010 HOME Investment Partnership contingency funds and in-kind support in an estimated amount of $2,000 for inspections before and after rehabilitation activities by the Department of Building Inspection; and WHEREAS, the grant requires that foreclosed homes be concentrated in one neighborhood; and WHEREAS, foreclosed homes in an affordable neighborhood near major transportation routes will be selected; and WHEREAS, three o~f the homes will be targeted to low- and moderate-income homebuyers and to meet the requirements of the grant, one will be targeted to a very low income homebuyer; and WHEREAS, the deadline established by the Virginia Department of Housing and Community Development for receipt of competitive proposals is July 1, 2009; and 09-423 07/22/09 WHEREAS, the County Administrator is hereby authorized to sign and submit appropriate documents for the submittal of a proposal for funding. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors approves the submission of a grant proposal on behalf of Chesterfield County through the Community Development Block Grant Department to the Virginia Department of Housing and Community Development for funding through- the Neighborhood Stabilization Program for the Chesterfield County Neighborhood Stabilization Program. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 8.C.5. AUTHORIZATION TO PROCEED WITH ADVANCED RIGHT-OF-WAY ACQUISITION ON HAPPY HILL ROAD ASSOCIATED WITH IMPROVEMENTS TO HAPPY HILL ROAD On motion of Mr. Gecker, seconded by Mr. warren, the Board authorized staff to proceed with advanced right-of-way acquisition from the owner of 13835 Happy Hill Road. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 8.C.6. REQUEST FOR MUSIC/ENTERTAINMENT FESTIVAL PERMITS 8.C.6.a. FROM THE CHESTERFIELD COUNTY FAIR ASSOCIATION On motion of Mr. Gecker, seconded by Mr. Warren, the Board approved a request for a music/entertainment festival permit from the Chesterfield County Fair Association for the annual Chesterfield County Fair subject to compliance with staff recommendations. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 8.C.6.b. FOR THE FIRST ANNUAL MIDLOTHIAN JAZZ FESTIVAL On motion of Mr. Gecker, seconded by Mr. Warren, the Board approved a request for a music/entertainment festival permit for the first Annual Midlothian Jazz Festival to be held on Saturday, August 22, 2009, subject to the conditions recommended by staff. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 8.C.7. APPROPRIATION OF AMERICAN RECOVERY AND REINVESTMENT ACT FUNDS FOR DEPARTMENT OF SOCIAL SERVICES' SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM (SNAP) AND THE FEE CHILD CARE PROGRAM AND TRANSFER OF THE REQUIRED LOCAL MATCH FOR THE SNAP PROGRAM On motion of Mr. Gecker, seconded by Mr. Warren, the Board appropriated $97,841 in federal stimulus funds for the Supplemental Nutrition Assistance Program (SNAP) and $124,798 in federal stimulus funds for the Fee Child Care program received from the Virginia Department of Social Services and authorized the transfer of the required local match of J J J 09-424 07/22/09 $17,947 for SNAP from the Department of Social Services' operating budget. 0 ^i Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 8.C.8. DIRECT THE PLANNING COMMISSION TO CONSIDER A PROPOSED ADJUSTMENT TO THE PLANNING DEPARTMENT SPECIAL EXCEPTION FEE FOR PRIVATE KENNELS On motion of Mr. Gecker, seconded by Mr. Warren, the Board directed the Planning Commission to consider a proposed adjustment to the Planning Department Special Exception fee for private kennels, and return a recommendation to the. Board. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 8.C.9. SET DATES FOR PUBLIC HEARINGS 8.C.9.a. TO CONSIDER TEMPORARY REDUCTION TO PLANNING DEPARTMENT FEES FOR CERTAIN COMMERCIAL ACTIVITIES On motion of Mr. Gecker, seconded by Mr. Warren, the Board set August 26, 2009, at 6:30 p.m. for a public hearing for the Board to consider temporary reduction to Planning Department fees for certain commercial activities. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 8.C.9.b. TO CONSIDER AN ORDINANCE AMENDMENT RELATIVE TO PARKING REQUIREMENTS FOR BUSINESSES FROM THE HOME On motion of Mr. Gecker, seconded by Mr. Warren, the Board set August 26, 2009, at 6:30 p.m. for a public hearing for the Board to consider an ordinance amendment relative to parking requirements for businesses from the home. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 8.C.9.c. TO CONSIDER BOUNDARY CHANGES TO WATKINS CENTRE COMMUNITY DEVELOPMENT AUTHORITY On motion of Mr. Gecker, seconded by Mr. Warren, the Board set August 26, 2009, at 6:30 p.m. for a public hearing for the Board to consider boundary changes to Watkins Centre Community Development Authority. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 8.C.9.e. TO CONSIDER AMENDING SECTION 13-71 OF THE COUNTY CODE RELATING TO REIMBURSEMENT OF EXPENSES INCURRED IN RESPONDING TO DUI AND RELATED INCIDENTS On motion of Mr. Gecker, seconded by Mr. Warren, the Board set August 26, 2009, at 6:30 p.m. for a public hearing for the Board to consider amending Section 13-71 of the County 09-425 07/22/09 Code relating to reimbursement of expenses incurred in responding to DUI and related incidents. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 8.C.10. INITIATE PROPOSED CODE AMENDMENTS RELATIVE TO: (1) TEMPORARY OFFSITE SIGNS FOR COMMUNITY EVENTS, (2) OFFSITE DIRECTIONAL SIGNS TO NEW RESIDENTIAL DEVELOPMENTS, AND (3) CALCULATION OF SIGN AREA On motion of Mr. Gecker, seconded by Mr. Warren, the Board directed staff to prepare zoning ordinance amendments providing for the use of temporary signs for community events, offsite directional signs to new residential developments, and for calculation of sign area. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 8.C.11. AWARD A REQUIREMENTS CONTRACT TO R TECH, L.L.C. TO PROVIDE CONSULTING SERVICES FOR AUDIO VISUAL EQUIPMENT DESIGN FOR COUNTY AND SCHOOL FACILITIES On motion of Mr. Gecker, seconded by Mr. Warren, the Board authorized the County Administrator to execute a contract with R Tech, L.L.C. to provide consulting services for audio visual equipment design for county and school facilities. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 8.C.12. ACCEPTANCE OF FEDERAL AND STATE GRANT FUNDS, AND AWARD OF CONSTRUCTION CONTRACT TO BRANSCOME INCORPORATED FOR A PROJECT TO REHABILITATE TAXIWAYS On motion of Mr. Gecker, seconded by Mr. Warren, the Board authorized the County Administrator to accept $1,950,000.00 in Federal and $61,578.95 in State grant funds; appropriated an additional $51,578.95 in additional Federal and State revenue ($50,000 Federal and $1,578.95 State); awarded a contract in the amount of $1,749,435.00 to Branscome, Inc. for a project to Rehabilitate Taxiways; and authorized the County Administrator to execute all documents. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 8.C.13. STATE ROAD ACCEPTANCE On motion of Mr. Gecker, seconded by Mr. Warren, the Board adopted the following resolution: WHEREAS, the street described below is shown on plats recorded in the Clerk's Office of the Circuit Court of Chesterfield County; and WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised this Board the street meets the requirements established by the Subdivision J J J 09-426 07/22/09 Street Requirements of the Virginia Department of Transportation. 0 C 0 NOW, THEREFORE, BE IT RESOLVED, that this Board requests the Virginia Department of Transportation to add the street described below to the secondary system of state highways, pursuant to Section 33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements. AND, BE IT FURTHER RESOLVED, that this Board guarantees a clear and unrestricted right-of-way, as described, and any necessary easements for cuts, fills and drainage. AND, BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. Project: Poplar Creek Sec F Z~+pe 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 ~ Laurel Top Drive, State Route Number 6052 From: Laurel Top Dr., (RT 6052) To: 0.05 miles south of Laurel Top Dr., (RT 6052), a distance of: 0.05 miles. Recordation Reference: Db 2600 Pg. 119 Right of Way width (feet) = 40 Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 8.C.16. AWARD OF CONSTRUCTION CONTRACT TO GARNEY CONSTRUCTION FOR SOUTHWEST CORRIDOR WATERLINE PHASE II, PART A PROJECT On motion of Mr. Gecker, seconded by Mr. Warren, the Board approved the construction contract with Garney Construction in the amount of $4,082,789.00 for County Project #06-0353, and authorized the County Administrator to execute the necessary documents. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 8.C.17. REQUESTS TO QUITCLAIM 8.C.17.a. A PORTION OF A THIRTY-FOOT SEWER EASEMFsNT ACROSS THE PROPERTIES OF C.A.H. INVESTMENTS, LLC, IGH, LLC AND HARRIETTE HORNER MAROCCHI On motion of Mr. Gecker, seconded by 1~Ir. warren, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute a quitclaim deed to vacate a portion of a 30-foot sewer easement across the properties of C.A.H. Investments, LLC, IGH, LLC and Harriette Horner Marocchi. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 09-427 07/22/09 8.C.17.b. A PORTION OF A SIXTEEN-FOOT WATER EASEMENT ACROSS PROPERTY OF EH20, LLC On motion of Mr. Gecker, seconded by Mr. Warren, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute a quitclaim deed to vacate a portion of a 16-foot water easement across the property of EH20, LLC. (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.17.c. A PORTION OF A SIXTEEN-FOOT WATER EASEMENT ACROSS PROPERTY OF LAND 8351, LLC On motion of Mr. Gecker, seconded by Mr. Warren, the Board authorized the. Chairman of the Board of Supervisors and the County Administrator to execute a quitclaim deed to vacate a portion of a 16-foot water easement across the property of Land 8351, LLC. (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.17.d. PORTIONS OF A SIXTEEN-FOOT DRAINAGE EASEMENT (PRIVATE) ACROSS THE PROPERTY OF RIVERS BEND FTI, LLC On motion of Mr. Gecker, seconded by Mr. Warren, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute a quitclaim deed to vacate portions of a 16-foot drainage easement (private) across the property of Rivers Bend FTI, LLC. (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.18. REQUESTS FOR PERMISSION 8.C.18.a. FROM MARY W. COLE FOR A PRIVATE SEWER FORCE MAIN TO ENCROACH WITHIN A VARIABLE WIDTH-STORM WATER MANAGEMENT BEST MANAGEMENT PRACTICE EASEMENT ACROSS PROPERTY ON MAGNOLIA COVE CIRCLE On motion of Mr. Gecker, seconded by Mr. Warren, the Board the Board approved a request for permission from Mary W. Cole for a private sewer force main to encroach within a variable width SWM/BMP easement across property at 5850 Magnolia Cove Circle, 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 09-428 07/22/09 8.C.18.b. FROM RYAN AND LAUREN RICHTER FOR A PROPOSED FENCE AND LANDSCAPING TO ENCROACH WITHIN A SIXTEEN-FOOT DRAINAGE EASEMENT ACROSS LOT 68, BERKLEY VILLAGE, SECTION A AT CHARTER COLONY r~~ On motion of Mr. Gecker, seconded by Mr. Warren, the Board approved a request for permission from Ryan Richter and Lauren Richter for a proposed fence and landscaping to encroach within a 16-foot drainage easement across Lot 68, Berkley 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.18.c. FROM RIVERS BEND FTI, LLC FOR A CONCRETE SIDEWALK, PAD AND HVAC EQUIPMENT TO ENCROACH WITHIN A THIRTY-FOOT DRAINAGE EASEMENT ACROSS PROPERTY ON RIVERS BEND BOULEVARD On motion of Mr. Gecker, seconded by Mr. Warren,- the Board approved a request for permission from Rivers Bend FTI, LLC for a concrete sidewalk, pad and HVAC equipment to encroach within a 30-foot drainage easement across 13036 Rivers Bend Boulevard, 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.18.d. FROM ROBINSON GROUP VA, LLC TO INSTALL PRIVATE SEWER AND WATER SERVICES WITHIN PRIVATE EASEMENTS TO SERVE PROPERTY ON CHITAL DRIVE u On motion of Mr. Gecker, seconded by Mr. Warren, the Board approved a request for permission from Robinson Group VA, LLC, to install private sewer and water services within private easements and authorized the County Administrator to execute the sewer and water connection agreement. (It is noted a copy of the plat is filed with the papers of this Board . ) Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 8.C.19. DESIGNATION OF RIGHT OF WAY FOR RUTHERS ROAD On motion of Mr. Gecker, seconded by Mr. Warren, the Board designated right of way for Ruthers Road and authorized the County Administrator to execute the declaration. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Nays: Warren, Gecker, Jaeckle, Holland, and Durfee. None. 09-429 07/22/09 8.C.20. TRANSFER OF DISTRICT IMPROVEMENT FUNDS FROM THE DALE DISTRICT IMPROVEMENT FUND TO THE CHESTERFIELD COUNTY SCHOOL BOARD TO PURCHASE A MEDIA TV/DVD COMBO FOR MEADOWBROOK HIGH SCHOOL On motion of Mr. Gecker, seconded by Mr. Warren, the Board transferred $900.98 in Dale District Improvement Funds to the Chesterfield County School Board to purchase a media TV/DVD combo for Meadowbrook High School. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. The following items were removed from the Consent Agenda for Board comment: 8.C.2. AUTHORIZE THE APPROPRIATION OF AMERICAN RECOVERY AND REINVESTMENT ACT FUNDING FOR THE VICTIM-WITNESS ASSISTANCE PROGRAM In response to Mr. Gecker's question, Ms. Snead stated the advertisement for this position clearly states the position is only available as long as funds are available and the person will be told in the interview process. In response to Mr. Gecker's question, Mr. Stegmaier stated large numbers of the positions in public safety started out as grant funded positions and there have been some in the Human Services Division. In response to Mr. Gecker's question, Ms. Snead stated the person who fills this position will come in as a full-time employee and their salary and benefits are covered by the grant. Mr. Stegmaier stated there is a county in-kind match associated with the program. In response to Ms. Jaeckle's question, Ms. Liz Bernhard provided a brief summary of how the grant will help citizens of Chesterfield County who are innocent victims of violent crimes. She stated the position funded by the grant would help with the heavy caseload of the employees of the Victim Witness Assistance Program. She stated the program assists victims in navigating the court system. In response to Mr. Holland's questions, Ms. Bernhard stated the current caseload is 370 cases per year per full-time employee and the state average is 250 cases per employee. She further stated the grant would allow the Victim Witness Assistance Program to assist more citizens. On motion of Mr. Gecker, seconded by Ms. Durfee, the Board appropriated the ARRA grant award in the amount of $95,756, which is a two-year grant that will be used for the funding of one full time position in the Victim/Witness Assistance Program (V/WAP). Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. J J J 09-430 07/22/09 8.C.9.d. TO CONSIDER AN ORDINANCE AMENDMENT RELATIVE TO MASS u GRADING IN THE UPPER SWIFT CREEIC WATERSHED In response to Mr. Decker's question, Mr. Micas stated if the Board does not act upon this item, it will be scheduled for a public hearing. He further stated this item was pulled from the consent agenda because the Planning Commission voted unanimously to deny an ordinance amendment relative to mass grading in the Upper Swift Creek Watershed. Mr. Decker made a motion, seconded by Ms. Jaeckle, for the Board not to set a public hearing to consider an ordinance amendment relative to mass grading in the Upper Swift Creek Watershed. Ms. Durfee stated a great amount of time was spent on the mass grading topic during the Upper Swift Creek Plan review. Mr. Decker stated if Ms. Durfee wants a public hearing on the mass grading topic he was willing to withdraw his motion. Ms. Durfee stated it would be fair to allow the public the opportunity for a public hearing. Mr. Decker withdrew the motion. Ms. Jaeckle withdrew the second to the motion. In response to Ms. Durfee's questions, Mr. Scott Flanigan stated staff has conducted an extensive amount of research and believes there are other means to achieve the same results of the mass grading ordinance through increased erosion sediment control practices, inspections, and the proposed state stormwater regulations. He further stated the way the ordinance is written addresses just the grading aspect of mass grading and not keeping the trees. On motion of Ms. Durfee, seconded by Mr. Decker, the Board set August 26, 2009 for a public hearing for the Board to consider an ordinance amendment relative to mass grading in the Upper Swift Creek Watershed. Ayes: Warren, Decker, Jaeckle, Holland, and Durfee. Nays: None. 8.C.9.f. TO CONSIDER AMENDMENTS TO SECTIONS 5-7.4 AND 5-7.5 OF THE COUNTY CODE RELATING TO SPOT BLIGHT DETERMINATIONS In response to Mr. Decker's question, Mr. Micas stated the proposed amendments relating to the spot blight determinations are optional to the Board. Mr. Decker stated it was his preference to leave the current system in place allowing the Planning Commission to make a recommendation on spot blight to the Board. Ms. Jaeckle through the level. stated the spot blight determinations need to go Planning Commission before reaching the Board 09-431 07/22/09 On motion of Mr. Gecker, seconded by Mr. Holland, the Board did not set a public hearing for the Board to consider amendments to Sections 5-7.4 and 5-7.5 of the County Code relating to spot blight determinations. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. J 8.C.14. APPROVAL OF FY2010 CHESTERFIELD COMMUNITY SERVICES BOARD PERFORMANCE CONTRACT Ms. Jaeckle requested a work session with the Community Services Board by the end of year to discuss the funding sources. Ms. Snead .stated the Community Services Board Director and Clerk to the Board's office will work together to get a work session scheduled. Ms. Jaeckle stated the work session would allow more energy to be focused on the finances of an organization opposed to what the organization does throughout the budget sessions. On motion of Ms. Jaeckle, seconded by Mr. Gecker, the Board approved the FY2010 Chesterfield Community Services Board Performance Contract as required by State Code, between the Chesterfield Community Services Board and the Virginia Department of Mental Health, Mental Retardation, and Substance Abuse Services. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 8.C.15. APPROVAL OF LEASE ASSIGNMENT TO TOWER DEVELOPMENT CORPORATION In response to Mr. Gecker's question, Mr. Micas stated the county does not perform a financial check of the entities in which assignments are approved. He further stated the original obligor has been. released and this lease assignment is closer to an assumption agreement. In response to Mr. Gecker's question, Mr. Harmon stated Tower Development Corporation has to assume all df the requirements in the current lease agreement without a financial liability check. Mr. Gecker expressed concerns could leave the county in a entity that has no assets. relative to the policy which position to be beaten by an On motion of Mr. Gecker, seconded by Mr. Holland, the Board authorized the County Administrator to execute a lease assignment to Tower Development Corporation in a form approved by the County Attorney. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. J J 09-432 07/22/09 8.C.21. ENDORSEMENT OF FORT LEE'S PROPOSAL TO OPEN THE CARDINAL GOLF CLUB TO THE PUBLIC ^~ In response to Ms. Durfee's question, Mr. Stegmaier stated Fort Lee is required by the Department of Army Regulations to request feedback from local government officials before opening a facility on base to the public regarding the impact on businesses in that jurisdiction. He further stated there has not been any concern expressed locally in regards to the Cardinal Golf Club being opened to the public. He stated Fort Lee does occasionally make other facilities on the base available to the public. Mr. Warren stated opening the Cardinal Golf Club to the public is not an issue in Chesterfield County. On motion of Mr. Warren, seconded by Mr. Holland, the Board approved endorsement of Fort Lee's proposal to open the Cardinal Golf Club to the public. 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 On motion of Ms. Durfee, seconded by Mr. Warren, the Board accepted the following reports: A Report on Developer Water and Sewer Contracts and A Report on Status of General Fund Balance, Reserve for Future Capital Projects, District Improvement Funds and Lease Purchases. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 10. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED MATTERS Mr. George Beadles addressed the Board relative to maintenance and signage needs at the Dutch Gap walking trail. 11. CLOSED SESSION PURSUANT TO SECTION 2.2-3711(A)(1) CODE OF VIRGINIA, 1950, AS AMENDED, FOR DISCUSSION AND EVALUATION OF THE PERFORMANCE OF THE COUNTY ADMINISTRATOR AND CONSIDERATION OF ADOPTION OF A REVISED EMPLOYMENT AGREEMENT On motion of Holland, seconded by Warren, the Board went into Closed Session pursuant to Section 2.2-3711(A)(1), Code of Virginia, 1950, as amended, for discussion and evaluation of the performance of the County Administrator and consideration of adoption of a revised employment agreement. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 09-433 07/22/09 Reconvening: On motion of Mr. Gecker, seconded by Mr. Warren, the Board adopted the following resolution: WHEREAS, the Board of Supervisors has this day adjourned into Closed Session in accordance with a formal vote of the Board and in accordance with the provisions of the Virginia Freedom of Information Act; and WHEREAS, the Virginia Freedom of Information Act effective July 1, 1989 provides for certification that such Closed Session was conducted in conformity with law. NOW, THEREFORE BE IT RESOLVED, the Board of Supervisors does hereby certify that to the best of each member's knowledge, i) only public business matters lawfully exempted from open meeting requirements under the Freedom of Information Act were discussed in the Closed Session to which this certification applies, and ii) only such public business matters as were identified in the Motion by which the Closed Session was convened were heard, discussed, or considered by the Board. No member dissents from this certification. The Board being polled, the vote was as follows: Ms. Jaeckle: Mr. Gecker: Mr. Warren: Ms. Durfee: Mr. Holland: Ayes: Warren, Nays: None. 12. DINNER Aye. Aye. Aye. Aye. Aye. Gecker, Jaeckle, Holland, and Durfee. On motion of Mr. Holland, seconded by Mr. Gecker, the Board recessed to the Lane B. Ramsey Administration Building, Room 502, for dinner. Reconvening: 13. INVOCATION Mr. Allan Carmody, Director of Budget and Management, gave the invocation. 14. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Eagle Scout James Maddox led the Pledge of Allegiance to the Flag of the United States of America. J J J 09-434 07/22/09 15. RESOLUTIONS 15.A. RECOGNIZING MRS. DOROTHY S. HUDSON FOR HER CONTRIBUTIONS TO THE COMMITTEE ON THE FUTURE AND CHESTERFIELD COUNTY 0 Mr. Ed DeGennaro, Chairman of the Committee on the Future, introduced Mrs. Dorothy Hudson, who was present to receive the resolution. On motion of Mr. Warren, seconded by Mr. Holland, the Board adopted the following resolution: WHEREAS, the Chesterfield County Committee on the Future was established in 1.987 by the Board of Supervisors and included in the County Charter for the purpose of assessing the future and long range challenges facing the county, advising the Board of Supervisors, and making recommendations for minimizing the adverse effect of future changes on the county; and WHEREAS, Mrs. Dorothy S. Hudson was appointed as a member of the Committee on September 27, 2006; and WHEREAS, Mrs. Hudson has served the citizens of the Clover Hill District with distinction; and WHEREAS, Mrs. Hudson served as an active committee member for two and a half years; and WHEREAS, during her tenure, she helped the Committee identify and research the challenges of globalization facing Chesterfield County in the future; and WHEREAS, Mrs. Hudson was instrumental in the development of extensive research and dedicated countless hours to the Committee during the past two and a half years. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 22nd day of July 2009, publicly recognizes Mrs. Dorothy S. Hudson and commends her for her dedication and outstanding service to the Committee on the Future and to the citizens of Chesterfield County. AND, BE IT FURTHER RESOLVED that a copy of this resolution be .presented to Mrs.• Hudson 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 to Ms. Hudson and expressed appreciation for her dedication to the future of Chesterfield County. Ms. Hudson expressed appreciation for the recognition and the opportunity to work with Chesterfield County. 09-435 07/22/09 15.B. RECOGNIZING BOY SCOUTS UPON ATTAINING THE RANK OF EAGLE SCOUT 15.B.1. MR. JAMES BENTON MADDOX, CLOVER HILL DISTRICT 15.B.2. MR. STEVEN BARRETT KEELER, MIDLOTHIAN DISTRICT Mr. Kappel introduced Mr. James Maddox and Mr. Steven Keeler, who were present to receive their resolutions. On motion of Mr. Warren, seconded by Ms. Durfee, the Board adopted the following resolution: WHEREAS, the Boy Scouts of America was incorporated by Mr. William D. Boyce on February 8, 1910, and was chartered by Congress in 1916; and WHEREAS, the Boy Scouts of America was founded to build character, provide citizenship training and promote physical fitness; and WHEREAS, after earning at least twenty-one merit badges in a wide variety of skills including leadership, service and outdoor life, serving in a leadership position in a troop, carrying out a service project beneficial to their community, being active in the troop, demonstrating Scout spirit, and living up to the Scout Oath and Law, Mr. Samuel Ascoli Stevenson, Troop 806, sponsored by Woodlake United Methodist Church, Mr. James Benton Maddox, Troop 489, sponsored by Redeemer Lutheran Church, and Mr. Steven Barrett Keeler, Troop 829, sponsored by Saint Matthias' Episcopal Church, have accomplished those high standards of commitment and have reached the long-sought goal of Eagle Scout which is received by only four percent of those individuals entering the Scouting ,movement; and WHEREAS, growing through their experiences in Scouting, learning the lessons of responsible citizenship, and endeavoring to prepare themselves for roles as leaders in society, Samuel, James and Steven have distinguished themselves as members of a new generation of prepared young citizens of whom we can all be very proud. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 22nd day of July 2009, hereby extends its congratulations to Mr. Samuel Ascoli Stevenson, Mr. James Benton Maddox and Mr. Steven Barrett Keeler, and acknowledges the good fortune of the county to have such outstanding young men as its citizens. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. Mr. Warren and Mr. Gecker presented the executed resolutions and patches to the scouts, congratulated them on their achievements and wished them well in future endeavors. Mr. Keeler and Mr. Maddox each provided details of their Eagle Scout projects and expressed appreciation for their parents' support. J J J 09-436 07/22/09 16. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED MATTERS ^iE U There were no speakers at this time. 8.A.3. APPOINTMENT TO GRTC TRANSIT SYSTEM BOARD OF DIRECTORS On motion of Mr. Gecker, seconded by Mr. Warren, the Board suspended its rules to allow simultaneous nomination/ appointment of a member to serve the GRTC Transit System Board of Directors. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. On motion of Ms. Durfee, seconded by Mr. Gecker, the Board simultaneously nominated/appointed Mr. Gary Armstrong to serve as the Interim Director on the GRTC Transit System Board of Directors, whose term shall begin immediately and expires October 15, 2009. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 17. 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 08SN0286 In Midlothian Magisterial District, VICTORY LADY requests Conditional Use and amendment of zoning district map to permit a computer-controlled, variable message, electronic sign in a Community Business (C-3) District on 1.9 acres fronting approximately 220 feet on the north line of Midlothian Turnpike, approximately 630 feet west of Robious Road. The density will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for general commercial use. Tax ID 749-709-1045. Mr. Turner stated Mr. Gecker is requesting deferral of Case 08SN0286 to allow the Planning Commission time to work through the Electronic Message Center Policy. On motion of Mr. Gecker, seconded by Ms. Jaeckle, the Board deferred Case 08SN0286 until October 28, 2009. Ayes: Warren, Gecker., Jaeckle, Holland, and Durfee. Nays: None. 08SN0255 (Amended) In Clover Hill Magisterial District, KPC PROPERTIES; BRANDERMILL COMMUNITY ASSN.; AND BRANDERMILL CHURCH request amendment to Conditional Use Planned Development (Case 09-437 07/22/09 74SN0021) and amendment of zoning district map to permit special events business; dancing by public in restaurant with alcoholic beverage service and live entertainment; and exceptions to driveway widths in a Residential (R-7) District on 12.3 acres fronting approximately 800 feet on the west line of Millridge Parkway across from Five Springs Road. Density will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for conservation/recreation and residential use of 2.0 units per acre or less. Tax IDs 729-678-9933 and 730- 678-0750, 0857, 0935, 0966, 1045, 1117, 1463, 1529, 1553, 2267, 3775, 3947, 4518, 5180, 5637, 6159, 6880 and 7170. Mr. Turner presented a summary of Case 08SN0255 and stated staff and the Planning Commission recommended approval and acceptance of the proffered conditions in the staff report. Mr. Jim Theobald, the applicant's representative, requested the Board approve Case 08SN0255. He expressed appreciation for those involved in assisting this case reaching a consensus. Ms. Andrea Epps, a Brandermill resident, requested approval of the request. She stated the conditions in the staff report will protect the community. Mr. Warren stated a great deal of work went into the process for Case 08SN0255 with the community and the applicants. On motion of Mr. Warren, seconded by Ms. Durfee, the Board approved Case 08SN0255 and accepted the following proffered conditions: The property owners and applicants in this rezoning case, pursuant to Section 15.2-2298 of the Code of Virginia (1950 as amended) and the Zoning Ordinance of Chesterfield County, for themselves and their successors or assigns, proffer that the property under consideration will be developed according to the following proffers if, and only if, the rezoning request submitted herewith is granted with only those conditions agreed to by the owners and applicants. In the event this request is denied or approved with conditions not agreed to by the owners and applicants, the proffers shall immediately be null and void and of no further force or effect. 1. The plan prepared by Balzer and Associates, Inc. dated May 21, 2009, revised June 8, 2009, and titled "Sunday Park Zoning Exhibit" and the Textual Statement dated June 17, 2009 shall be considered the Master Plan (the "Plan") (P) 2. In addition to those uses permitted by Case 74SN0021 (as amended) for Tract 654, the following uses shall be permitted: a) Dancing by the public within the Restaurant and Pavilion structures (which may also serve alcoholic beverages and have live entertainment or some combination thereof) as shown on the Plan. The area of the dance floor inside the Restaurant structure shall J J J 09-438 07/22/09 not exceed one hundred (100) square feet in size. b. A Special Events business (as hereinafter defined) associated with a restaurant use subject to the following conditions: i) The Pavilion and Gardens, as shown on the Plan, shall only be utilized for Special Events. ii) Special Events may occur within the Restaurant and Deck, as shown on the Plan. iii) Special Events may include, but is not limited to, some or all of the following: 1. Receptions; 2. Ceremonies; 3. Meetings; and 4. Community activities. Special Events may also include dancing, the serving of alcoholic beverages and live entertainment, or some combination thereof, however, dancing shall only be permitted as limited by Proffered Condition 2 . a) . c. Live entertainment associated with the Restaurant use shall be permitted either within the Restaurant structure and/or on the Deck as shown on the Plan. d. Outdoor speakers shall be permitted. The locations shall be limited to the areas shown on the Plan. No additional outdoor speakers or sound amplifiers shall be installed; however, portable speakers for live entertainment may also be used. Amplified sound shall not exceed 50db at the nearest property line in the Litchfield Bluff, Five Springs, Northwich and Gleneagles communities. Live entertainment or amplified music shall cease as follows: i) Monday through Thursday by 10:00 p.m. ii) Friday and Saturday by 11:00 p.m. iii) Sunday by 9:00 p.m. iv) New Years Day by 1:00 a.m. (P) r#~ 3. Within Tract 654 of Case 74SN0021, the following parking requirements shall apply to uses permitted in Proffered Condition 2 and restaurant use: a) KPC Properties, L.L.C. (along with its successors and assigns hereinafter referred to as "KPC") shall provide a minimum of thirty- eight (38) additional parking spaces as generally shown on the Plan. Such additional spaces, along with some re-striping of existing spaces, shall be provided on or before December 31, 2009. (P) 09-439 07/22/09 b) The "Lower Parking Lot" as shown on the Plan shall be for the exclusive use of Brandermill residents and their guests. Signage shall be posted and maintained citing the foregoing restriction. c) On Fridays and Saturdays from April 1 through October 31, from the time the uses are open to the public until the uses are closed to the public, KPC shall employ valet parking attendants to assist with parking patrons. Parking by such attendants shall be subject to the following requirements: i) Parking attendants shall be prohibited from parking vehicles along Millridge Parkway or in any other area that is not specifically allowed for parking. ii) Priority for parking vehicles shall be given to spaces located within the "Upper Parking Lot" as shown on the Plan, to the extent that these spaces are available. iii) When activities are scheduled at the Brandermill Church, valet parking attendants shall only use the spaces in the "Church Lot" as shown on the Plan when the other permitted parking areas are full, and shall park cars beginning from the "Rear of the Church Lot" as shown on the Plan. d) From April 1 through October 31, satellite parking and shuttle service shall be provided by KPC at such time as an event contracted to serve over 150 attendees occurs at the Restaurant/Pavilion/Gardens simultaneously with the Restaurant being open to the public or for private. events. KPC Properties shall enter into and maintain a written agreement to provide such satellite parking. The agreement and any amendments shall be copied to the Brandermill Community Association ("BCA"), the Brandermill Church and the Planning Department. e) KPC shall be responsible for the daily removal of litter from parking areas and specifically from the Brandermill Church lot prior to any services on Sundays. (P) Notes: A. Proffered Conditions 1 and 2 are in addition to Exhibit B, Section 1, Subsection f of Case 745N0021 relative to Major Activity Centers for the requested uses only. B. Proffered Condition 3 is in addition to Exhibit B, Section 4 of Case 74SN0021 relative to Off Street Parking Requirements for the specified uses only. C. These amendments supercede Case 89SN0320. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. J J J 09-440 07/22/09 09SN0196 In Matoaca Magisterial District, CHRISTINA TUCKER AND CHRIS TUCKER request Conditional Use and amendment of zoning district map to permit a family day care home in a Residential (R-12) District on 0.7 acre known as 11718 Explorer Terrace. Density will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for residential use of 2.5 dwellings/acre or less. Tax ID 740-697-6621. Mr. Turner presented a summary of Case 09SN0196 and stated the Planning Commission and staff recommended approval subject to the conditions in the staff report. Mr. and Mrs. Chris Tucker stated the conditions were acceptable. Mr. Warren called for public comment. There being no one to address the case, the public hearing was closed. On motion of Ms. Durfee, seconded by Mr. Warren, the Board approved Case 09SN0196 subject to the following conditions: 1. This Conditional Use shall be granted to and for, Chris and Christina Tucker, exclusive (stand shall not be transferable nor run with the land. (P) 2. There shall be no exterior additions or alterations to the existing structure to accommodate this use. (P) 3. One (1) sign not exceeding one (1) square foot in area shall be permitted to identify this use. (P) Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. noe*Tn~n~ In Bermuda Magisterial District, TAMMY F. EADS requests Conditional Use and amendment of zoning district map to permit a business (beauty shop) incidental to a dwelling in an Agricultural (A) District on 0.6 acre known as 3706 Louise Drive. 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 795-637-1405. Mr. Turner presented a summary of Case 09SN0201 and stated the Planning Commission and staff recommended approval and acceptance of the proffered conditions in the staff report. Ms. Tammy Eads, the applicant, stated the proffered conditions were acceptable. Mr. Warren called for public comment. There being no one to address the case, the public hearing was closed. 09-441 07/22/09 On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board approved Case 09SN0201 and accepted the following proffered conditions: 1. This Conditional Use shall be granted to and for Tammy F. Eads, exclusively and shall not be transferable or run with the land. (P) 2. This Conditional Use shall be for the operation of a two (2) chair beauty shop exclusively. (P) 3. This use shall not be open to the public before 8:00 a.m. and after 6:00 p.m. Monday through Saturday, except on Tuesday, when the use shall not be open to the public after 8:00 p.m. The use shall not be open to the public on Sunday. (P) 4. One (1) sign -shall be permitted to identify this use. Such sign shall not exceed one (1) square foot in area and shall not be illuminated. (P) 5. The business shall be located within a residential structure or a structure accessory to a residence. Except for alterations to meet Americans with Disabilities Act (ADA) or other building code requirements, there shall be no additions or alterations to the structure to accommodate .this use. (P) Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. n9~Nn~n9 In Dale Magisterial District, THE IRONBRIDGE PROPERTY, LP; THE BERMUDA TRIANGLE PROPERTY, LP ; AND DEAN E . HAWKINS , ASLA request amendment of zoning (Case 06SN0327) and amendment of zoning district map relative to drainage in a General Business (C-5) District on 8.6 acres lying 400 feet off the east line of Iron Bridge Road, 830 feet south of Kingsland Road. Density will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for community mixed use. Tax IDs 772- 673-Part of 3836 and 9020. Mr. Turner presented a summary of Case 09SN0209 and stated the Planning Commission and staff recommended approval and acceptance of the proffered condition in the staff report. Ms. Carrie Coyner, the applicant's representative, stated the proffered condition was acceptable. Mr. Warren called for public comment. There being no one to address the case, the public hearing was closed. On motion of Mr. Holland, seconded by Mr. Warren, the Board approved Case 09SN0209 and accepted the following proffered condition: At such time as the public wastewater system has been extended to within 1250 feet of the site, the J J J 09-442 07/22/09 owner/developer shall extend a wastewater line to the site and connect all existing building to the system. (U) ~J C Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. noe*Tn~~ e In Bermuda Magisterial District, DORIS N. ROGERS requests renewal of manufactured home permit 92SR0196 and amendment of zoning district map to permit a temporary manufactured home in a Residential (R-7) District on .5 acre known as 3121 Pineland Avenue. The density of such amendment is approximately 2 units per acre. The Comprehensive Plan suggests the property is appropriate for residential use of 2.51 - 4.0 units per acre. Tax ID 797-630-2478. Mr. Turner presented a summary of Case 09SN0219 and stated staff recommended approval subject to the conditions in the staff report. Ms. Doris Rogers, the applicant, stated the recommended conditions are acceptable. Mr. Warren called for public comment. There being no one to address the case, the public hearing was closed. On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board approved Case 09SN0219, subject to the following conditions: 1. The applicant shall be the owner and occupant of the manufactured home. (P) 2. Manufactured home permit shall be granted for a period not to exceed seven (7) years from date of approval. (P) 3. No additional permanent-type living space may be added onto this manufactured home. This manufactured home shall be skirted but shall not be placed on a permanent foundation. (P) Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. nQewTn~Q~ In Bermuda Magisterial District, EMERSON-ROPER COMPANIES, LLC requests rezoning and amendment of zoning district map from Agricultural (A) to Community Business (C-3) with Conditional Use to permit multifamily use plus Conditional Use Planned Development to permit exceptions to Ordinance requirements on 5.0 acres fronting 290 feet on the north line of Chester Village Drive across from Village Creek Drive. Density will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for neighborhood mixed use uses. Tax ID 787-657-6225. 09-443 07/22/09 Mr. Robert Clay presented a summary of Case 08SN0285 and stated staff and the Planning Commission recommended denial of the request due to the impact on capital facilities not being addressed. Ms. Carrie Coyner, the applicant's representative, stated the issue before the Board is simple relative to the cash proffer policy and the impact of this development on capital facilities. She further stated the proposed development is the type of community that does not increase the impact on capital facilities. She stated all of the roads in the adjacent development were built by the applicant at no cost to the county. She requested the approval of the request due to the lack of impact on the capital facilities. In response to Ms. Jaeckle's question, Ms. Coyner stated approximately ten percent of the units in the adjacent development produced children which impacted the school system. Mr. George Emerson, the applicant, stated the development will provide affordable housing for county employees. Ms. Jaeckle stated the Cash Proffer Policy needs to be addressed. She further stated the proffers paid on each apartment are paid beyond what the impact on capital facilities is. Discussion ensued relative to the need to revise the Cash Proffer Policy, a possible deferral and the possibility of reaching a conclusion with the Planning Department and applicant in that timeframe. On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board deferred Case 08SN0285 to August 26, 2009. Ayes: warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 18. PUBLIC HEARINGS 18.A. TO CONSIDER AMENDMENTS TO SECTIONS 14-26 AND 14-27 OF THE COUNTY CODE REGULATING EXCESSIVE NOISE AND PROVIDING FOR A PENALTY Mr. Micas stated this date and time had been advertised for the Board to consider amendments to Sections 14-26 and 14-27 of the County Code regulating excessive noise and providing for a penalty. Mr. Darren Gardner spoke in support of the noise ordinance citing an incident in his neighborhood last week. Ms. Janice Kean stated the noise ordinance needs to be stricter. She further stated she can sit in her house and hear the music from passing cars. Mr. Jeffrey Daniels stated the noise ordinance needs to be stricter. Mr. Gecker stated the noise ordinance needs more work. J J J 09-444 07/22/09 Mr. Holland expressed appreciation for the citizens for coming out. On motion of Mr. Gecker, seconded by Mr. Holland, the Board deferred the public hearing to consider amendments to Sections 14-26 and 14-27 of the County Code regulating excessive noise and providing for a penalty until August 26, 2009. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 18.B. TO CONSIDER THE VACATION OF A PORTION OF A FIFTY-FOOT RIGHT OF WAY OFF WINTERPOCK ROAD u Mr. Stith stated this date and time had been advertised for a public hearing 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. In response to Ms. Durfee's question, Mr. Harmon stated staff has met with Mr. Mattox and when Mr. Mattox left the office he indicated he had not decided whether he was going to continue to oppose the request. There being no one to address the request, the public hearing was closed. On motion of Ms. Durfee, seconded by Mr. Warren, the Board closed the public hearing and deferred consideration of the vacation of a portion of a 50-foot right of way off Winterpock Road to August 26, 2009. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 18.C. TO CONSIDER THE VACATION OF A PORTION OF AN EIGHT-FOOT EASEMENT ACROSS LOT 2, RESUBDIVISION OF LITTLE TOMAHAWK STATION, LOT 45 AND OTTERDALE, SECTION A, BLOCK A, LOT 1 C Mr. Stith stated this date and time had been advertised for a public hearing for the Board to consider the vacation of a portion of an 8-foot easement across Lot 2, Resubdivision of Little Tomahawk Station, Lot 45 and Otterdale, Section A, Block A, Lot 1. Mr. Warren called for public comment. There being no one to address the request, the public hearing was closed. On motion of Mr. Gecker, seconded by Mr. Warren, the Board adopted the following ordinance: AN ORDINANCE whereby the COUNTY OF CHESTERFIELD., VIRGINIA, ("GRANTOR") vacates to EAGLE CONSTRUCTION OF VA, LLC, a Virginia limited liability company, 09-445 07/22/09 ("GRANTEE"), a portion of an 8' easement across Lot 2, Resubdivision of Little Tomahawk Station, Lot 45, and Otterdale, Section A, Block A, Lot 1, MIDLOTHIAN Magisterial District, Chesterfield County, Virginia, as shown on a plat thereof duly recorded in the Clerk's Office of the Circuit Court of Chesterfield County in Plat Book 198, at Page 40. WHEREAS, EAGLE CONSTRUCTION OF VA, LLC, petitioned the Board of Supervisors of Chesterfield County, Virginia to vacate a portion of an 8' easement across Lot 2, Resubdivision of Little Tomahawk Station, Lot 45, and Otterdale, Section A, Block A, Lot 1, MIDLOTHIAN Magisterial District, Chesterfield County, Virginia more particularly shown on a plat of record in the Clerk's Office of the Circuit Court of said County in Plat Book 198, Page 40, by TOWNES, dated APRIL 11, 2008 and revised MAY 30, 2008, JULY 28, 2008, NOVEMBER 10, 2008 and DECEMBER 31, 2008, recorded MAY 22, 2009. The portion of easement petitioned to be vacated is more fully described as follows: A portion of an 8' easement across Lot 2, Resubdivision of Little Tomahawk Station, Lot 45, and Otterdale, Section A, Block A, Lot 1, the location of which is more fully shown on a plat made by TOWNES dated JULY 1, 2009, and revised JULY 6, 2009, a copy of which is attached hereto and made a part of this Ordinance. WHEREAS, notice has been given pursuant to Section 15.2- 2204 of the Code of Virginia, 1950, as amended, by advertising; and, WHEREAS, no public necessity exists for the continuance of the portion of easement sought to be vacated. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF SUPERVISORS OF CHESTERFIELD COUNTY, VIRGINIA: That pursuant to Section 15.2-2272 of the Code of Virginia, 1950, as amended, the aforesaid portion of easement be and is hereby vacated. This Ordinance shall be in full force and effect in accordance with Section 15.2-2272 of the Code of Virginia, 1950, as amended, and a certified copy of this Ordinance, together with the plat attached hereto shall be recorded no sooner than thirty days hereafter in the Clerk's Office of the Circuit Court of Chesterfield County, Virginia pursuant to Section 15.2-2276 of the Code of Virginia, 1950, as amended. The effect of this Ordinance pursuant to Section 15.2- 2274 is to destroy the force and effect of the recording of the portion of the plat vacated. This Ordinance shall vest fee simple title of the portion of easement hereby vacated in the property owner of Lot 2, Resubdivision of Little Tomahawk Station, Lot 45, and Otterdale, Section A, Block A, Lot 1 free and clear of any rights of public use. Accordingly, this Ordinance shall be indexed in the names of the COUNTY OF CHESTERFIELD as GRANTOR, and EAGLE J J J 09-446 07/22/09 CONSTRUCTION OF VA, LLC, a Virginia limited liability company, or it successors in title, as GRANTEE. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.. Nays: None. ^i 18.D. TO CONSIDER THE CONVEYANCE OF RIGHTS OF WAY AND VARIABLE WIDTH SLOPE AND DRAINAGE EASEMENTS TO THE COMMONWEALTH OF VIRGINIA AND EASEMENTS TO VIRGINIA ELECTRIC AND POWER COMPANY, VERIZON VIRGINIA INCORPORATED AND COLUMBIA GAS OF VIRGINIA, INCORPORATED FOR THE BAILEY BRIDGE ROAD IMPROVEMENT PROJECT C Mr. Stith stated this date and time had been advertised for a public hearing for the Board to consider the conveyance of rights of way and variable width slope and drainage easements to the Commonwealth of Virginia and easements to Virginia Electric and Power Company, Verizon Virginia Incorporated and Columbia Gas of Virginia, Incorporated for the Bailey Bridge Road Improvement Project. Mr. Warren called for public comment. There being no one to address the request, the public hearing was closed. On motion of Ms. Durfee, seconded by Mr. Holland, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute deeds conveying rights of way and variable width slope and drainage easements to the Commonwealth of Virginia and easement agreements with Virginia Electric and Power Company, Verizon Virginia Incorporated and Columbia Gas of Virginia, Incorporated for the Bailey Bridge Road Improvement Project. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 18.E. TO CONSIDER ENTERING INTO A LEASE AGREEMENT WITH POWHATAN COUNTY FOR THE INSTALLATION OF ITS PUBLIC SAFETY RADIO SYSTEM EQUIPMENT ON THE COUNTY'S WATRINS TOWER Mr. Stith stated this date and time had been advertised for a public hearing for the Board to consider entering into a lease agreement with Powhatan County for the installation of its public safety radio system equipment on the county's Watkins Tower. Mr. Warren called for public comment. There being no one to address the request, the public hearing was closed. On motion of Mr. Gecker, seconded by Ms. Jaeckle, the Board approved entering into a lease agreement with Powhatan County for the installation of its public safety radio system equipment on the county's Watkins Tower. (It is noted a copy of the lease is filed with the papers of this Board.) Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 09-447 07/22/09 18.F. TO CONSIDER THE EXERCISE OF EMINENT DOMAIN FOR THE ACQUISITION OF WATER, TEMPORARY CONSTRUCTION AND DRAINAGE EASEMENTS FOR THE CONSTRUCTION OF THE SOUTHWEST CORRIDOR WATERLINE PROJECT - PHASE II, PART A Mr. Stith stated this date and time had been advertised for a public hearing for the Board to consider the exercise of eminent domain for the acquisition of water, temporary construction and drainage easements for the construction of the Southwest Corridor Waterline Project - Phase II, Part A. Mr. Warren called for public comment. Mr. Mike Schmidt requested the Board defer decision on this item. He inquired why the county is taking the chosen path. Mr. Darren Gardner stated an eminent domain request should not be presented to the Board if all of the information is not available. On motion of Ms. Durfee, seconded by Mr. Holland, the Board deferred consideration of the exercise of eminent domain for the acquisition of water, temporary construction and drainage easements for the construction of the Southwest Corridor Waterline Project - Phase II, Part A until August 26, 2009. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 20. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED MATTERS There were no speakers at this time. 21. ADJOURNMENT On motion of Mr. Holland, seconded by Ms. Durfee, the Board adjourned at 7:56 p.m. until August 26, 2009 at 3:00 p.m. in the Public Meeting Room. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. J J J J mes ~~ t gmai r ounty dministrator Arthur S. Warren Chairman 09-448 07/22/09