Loading...
2009-08-26 MinutesBOARD OF SUPERVISORS MINUTES August 26, 2009 ^il- 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 Staff in Attendance: Ms. Janice Blakley, Clerk to the Board Mr. Kevin Bruny Chief Learning Officer Ms. Debbie Burcham, Exec. Dir., Community Services Board Mr. Allan Carmody, Dir., Budget and Management Ms. Jana Carter, Dir., Juvenile Services Ms. Marilyn Cole, Asst. County Administrator Mr. Roy Covington, Dir., Utilities Mr. Barry Condrey, Chief Information Officer Ms. Mary Ann Curtin, Dir., Intergovtl. Relations Mr. Jonathan Davis, Dir., Real Estate Assessments Mr. Will Davis, Dir., Economic Development Colonel Thierry Dupuis, Police Department 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 Ms. Mary Lou Lyle, Acting Deputy County Admin. Management Services Mr. John McCracken, Dir., Transportation Mr. Richard M. McElfish, Dir., Env. Engineering Mr. Steven L. Micas, County Attorney Mr. Jay Payne, Asst.. to Dep. County Administrator Chief Edward Senter, Fire Department Ms. Sarah Snead, Acting Deputy County Admin., Human Services 09-449 08/26/09 Mr. M. D. Stith, Jr., Deputy County Admin., Community Development Mr. Kirk Turner, Dir., Planning 1. APPROVAL OF MINUTES FOR JULY 22, 2009 On motion of Mr. Holland, seconded by Ms. Durfee, the Board approved the minutes of July 22, 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 to the Board on the meeting county staff held with members of Congressman Forbes' staff relative to appropriations requests and grants. He recognized the Fire and EMS Department for achieving a better ISO rating, which will mean a cost savings for county taxpayers. He stated the Ukrop's Soccer Complex is open. 3. BOARD MEMBER REPORTS Mr. Holland stated he attended the dedication of the fields at the Ukrop's Soccer Complex. He further stated the Pony World Series was recently held in Chesterfield at the Harry G. Daniel Park. He stated Ms. Durfee, the Matoaca District Supervisor was recently featured in the Richmond Magazine. Ms. Durfee stated Mr. James Farrior, a former star football player at Matoaca and current Pittsburgh Steelers player, was recently given a key to the city from Richmond. She further stated a new Wal-Mart store has opened in Hancock Village, which will bring approximately 450 jobs to the area. Ms. Jaeckle stated the Dauber Dash was held at Henricus and approximately 80 percent of the entrants were from outside of the area. Mr. Warren stated he attended Congressman Eric Cantor's job fair which was held at Clover Hill High School and stated it was a great opportunity to bring people together. 4. REQUESTS TO POSTPONE AGENDA ITEMS AND ADDITIONS, DELETIONS OR CHANGES IN THE ORDER OF PRESENTATION On motion of Mr. Gecker, seconded by Mr. Holland, the Board reversed the order of the Work Sessions Regarding the Proposed Ordinance Regulating Excessive Noise and the Proposed Ordinance Relative to Mass Grading in the Upper Swift Creek Watershed; replaced Item 7.A., Acceptance of Federal Funds for Homelessness Prevention and Rapid re- Housing Program; added Item 8.C.18., Request for Music/Entertainment Festival Permit for Chesterfield Berry Farm's Music Festival Series on Saturdays and Sundays from. J J J 09-450 08/26/09 September 19th through November 1, 2009; and replaced Item 18.B., 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. ^i Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 5. RESOLUTIONS AND SPECIAL RECOGNITIONS 5.A. RECOGNITION OF THE 2009 NACO ACHIEVEMENT AWARD WINNERS Ms. Cole stated Chesterfield County is the recipient of ten Achievement Awards from the National Association of Counties (NACo) this year. She recognized members of the Public Affairs Department, who received eight awards from the National Association of County Information Officers (NACIO). The following recipients were recognized by Mr. Warren, accompanied by Mr. 5tegmaier, and department representatives were presented with the 2009 NACo Achievement Awards: DEPARTMENT Chesterfield Employment Services PROJECT Chesterfield Employment Services Transportation Circuit Court Clerk's Office Circuit Court, Juvenile & Domestic Relations Court, and IST Community Corrections Fire and EMS Department Health Department Human Resource Management and Information Systems Technology Library Administration License Inspector and Planning Department Youth Planning & Development Secure Remote Access to Land Records - Fully Comprehensive Database Electronic Docket Display Bail .Review Project Noninvasive Airway Management for Critical and Life Threatening Illnesses MADRES Program Pilot Telework Program Cultivating a Master's Staff Scholarship Support for Graduate Library Studies Emergency Worker and Dependent Shelter Inhalant Abuse Prevention Initiative Mr. Warren and Mr. Stegmaier congratulated and commended each department on their recognitions. 09-451 08/26/09 5.B. RECOGNITION OF 2009 VACO ACHIEVEMENT AWARD WINNER Ms. Cole stated Chesterfield County's "Emergency Worker and Dependent Shelter" (EWADS) Project has been selected as one of 15 winners in the VACo 2009 Achievement Awards Program. Mr. Ted McCormack, Director of Governmental Affairs for VACo, presented the award to Mr. Richard Billingsly, License Inspection, and Ms. Denise Neff, Planning. Mr. Billingsly stated it has been a pleasure to work on this project and expressed appreciation for the recognition. Mr. Stegmaier expressed appreciation for their work. 6. WORK SESSIONS 6.A. PROPOSED ORDINANCE RELATIVE TO MASS GRADING IN THE UPPER SWIFT CREEK WATERSHED Mr. Micas provided a summary of the mass grading ordinance as well as the history of the Planning Commission's consideration of the ordinance. He stated the consequences of the mass grading are that it can be detrimental to water quality, increase erosion sedimentation and it has a tendency to disrupt stormwater patterns. He further stated the benefits of the mass grading ordinance would include less area being disturbed initially, tree preservation, and limit disruption of natural soil. He stated the tree save ordinance, which was adopted in accordance with state law, requires 15 to 20 percent of the tree cover to be retained at the subdivision plat approval level. He further stated the Planning Commission felt the mass grading ordinance would be difficult to enforce and would not apply to small lots. In response to Mr. Warren's question, Mr. Micas stated staff's recommendation is not to adopt the mass grading ordinance. Ms. Durfee stated the Planning Commission felt the tree save ordinance would be a suitable substitute for the mass grading ordinance. She further stated the tree save ordinance and the mass grading ordinances are two different concepts. Mr. McElfish provided explanations of the tree save and mass grading ordinances and how they relate to each other. In response to Ms. Durfee's questions, Mr. McElfish stated grading is actually the contouring and clearing. He further stated there was some discussion at the Planning Commission level on contouring and clearing, but the majority of discussion focused on mass grading. Ms. Durfee expressed concerns regarding the process the Planning Commission followed concentrating on the tree preservation ordinance and viewing it as a possible solution to the mass grading. She stated there could have been more discussion about the two different concepts and how they are different. J J J z 09-452 08/26/09 In response to Ms. Durfee's question, Mr. McElfish stated each of the Planning Commissioners were shown examples of mass grading in their districts. C C 0 In response to Mr. Gecker's questions, Mr. McElfish stated the primary benefit of the mass grading ordinance is to limit the amount of land that is exposed to the weather for a long period of time. He further stated when land is opened up to the weather, it can run off and overload silt basins and other erosion control measures, which leads to problems down stream. He stated indirectly the mass grading ordinance could encourage developers to grade up to 80 percent of their lot. He further stated the aggregate amount of surface area opened up on commercial sites was not addressed in this ordinance and in a residential setting there are more outfall points and potential locations for problems with mass grading. Mr. Gecker stated there are several commercial sites in the Midlothian District that are not being addressed with the mass grading ordinance. In response to Mr. Gecker's questions, Mr. McElfish stated the grading at a commercial site is necessary with the development of the site so more erosion control measures are added then on residential sites. He further stated he wished there was another way to save the trees and limit grading. Ms. Durfee stated the mass grading and tree save ordinances are two different concepts that can be intertwined, but the grading issues is not necessarily being solved by adding to the percentage of trees saved. She further stated a great effort was spent on the tree save ordinance, but not on understanding the mass grading ordinance. She stated there are ways that counties have built successful communities by being both conservative and meeting developer concerns and it involves design. She further stated the mass grading ordinance should be applicable to commercial sites as well as the entire county, not just the Upper Swift Creek area. Mr. Holland stated more information regarding the cost versus benefits of the mass grading ordinance is needed and why staff and the Planning Commission recommended denial of the ordinance. 6.B. PROPOSED ORDINANCE REGULATING EXCESSIVE NOISE Ms. McGee provided a summary of the proposed ordinance regulating excessive noise in the county. She reviewed the loud noises, the times they will be prohibited, and the number of complaints and summons issued for each item. She stated staff recommends approval of the proposed ordinance. In response to Mr. Warren's question, Ms. McGee stated there have not been any logged complaints with the Police Department regarding the noise caused by garbage or recycle trucks in residential areas. Mr. Warren expressed appreciation to Ms. McGee for the thorough presentation. 09-453 08/26/09 In response to Mr. Holland's question, Major Karl Leonard stated in 29 years the Police Department has not received any complaints regarding farm animals. In response to Mr. Holland's question, Mr. Micas stated the county has never applied the noise ordinance to livestock or farm animals; however, if Mr. Holland would like to have them included in the ordinance it is possible. In response to Ms. Jaeckle's question, Mr. Micas stated a state law protects shooting ranges so the county cannot regulate them. In response to Mr. Gecker's questions, Ms. McGee stated the currently proposed ordinance would not cover a party in the yard without loud music. She further stated the penalty for non-compliance with the noise ordinance falls under the general penalty provision and provided details of those penalties. In response to Mr. Gecker's question, Major Leonard stated the fines issued for a summons for violation of the noise ordinance are issued by the courts. He further stated if the Board put the penalty in the ordinance then that would be the one issued by the Police Department. In response to Mr. Gecker's question, Mr. Micas stated the county is not able to regulate mechanical noise made by muffled cars or motorcycles. He further stated if a vehicle is not muffled it should not be on the road. Major Leonard stated automobiles creating mechanical noise with missing or damaged mufflers are issued summons for defective equipment. 7. DEFERRED ITEMS 7.A. ACCEPTANCE OF FEDERAL FUNDS FOR HOMELESSNESS PREVENTION AND RAPID RE-HOUSING PROGRAM Ms. Snead stated this date and time has been set aside to review acceptance of Federal funds for homelessness prevention and rapid re-housing program. She further stated, additional revisions have been made at the request of a Board member. On motion of Ms. Jaeckle, seconded by Ms. Durfee, the Board accepted and appropriated funds totaling $515,089 from the U.S. Department of Housing and Urban Development (HUD) for. the Homelessness Prevention and Rapid Re-Housing Program, and authorized the County Administrator to execute agreements with HUD, Commonwealth Catholic Charities, HomeAgain, Chesterfield-Colonial Heights Alliance for Social Ministries (CCHASM) and Homeward. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. Ms. Jaeckle expressed appreciation for the hard work that went into this item. J J J 09-454 08/26/09 7.B. REQUEST TO VACATE A PORTION OF A FIFTY-FOOT RIGHT OF WAY OFF WINTERPOCK ROAD U ~J 0 Mr. Stith stated this date and time has been set aside to consider vacating a portion of a 50-foot right of way off Winterpock Road. Ms. Durfee stated she has been unable reach Mr. Mattox to discuss this request. On motion of Ms. Durfee, seconded by Mr. Warren, the Board deferred consideration of the vacation of a portion of a 50- foot right of way off Winterpock Road to September 23, 2009. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 8. NEW BUSINESS 8.A. APPOINTMENTS On motion of Mr. Holland, seconded by Mr. Gecker, 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. YOUTH SERVICES CITIZEN BOARD On motion of Mr. Holland, seconded by Mr. Warren, the Board simultaneously nominated/appointed the following adult representative, to serve on the Youth Services Citizen Board: Name District Term Expiration Evelyn Morris-Harris Dale June 30, 2012 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 Sam Hull Dale Erica Perkins Clover Hill Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 8.A.2. HEALTH CENTER COMMISSION On motion of Mr. Gecker, seconded by Mr. Holland, the Board simultaneously nominated/appointed Mr. James A. Schultz, representing the county at-large, to serve on the Health Center Commission, whose term shall expire on June 30, 2013. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 09-455 08/26/09 8.B. STREETLIGHT INSTALLATION COST APPROVALS On motion of Mr. Holland, seconded by Mr. Gecker, the Board approved the following streetlight installations: DALE DISTRICT: • In the Jessup Meadows subdivision: Zion Ridge Court, in the vicinity of 5513 Cost to install streetlight: $1,884.06 MIDLOTHIAN DISTRICT: • In the Marlboro subdivision, upgrade four existing fixtures from 5000 lumen mercury vapor fixtures to the standard 8000 lumen high pressure sodium fixture: Twain Lane and Walmsley Boulevard Upgrade cost: $149.00 Twain Lane and Parliament Road Upgrade cost: $149.00 Twain Lane and Holborn Road Upgrade cost: $149.00 Twain Lane and Wimbledon Drive Upgrade cost: $149.00 Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 8.C. CONSENT ITEMS 8.C.1. ADOPTION OF RESOLUTIONS 8.C.l.a. RECOGNIZING SEPTEMBER 28, 2009, AS "FAMILY DAY" IN CHESTERFIELD COUNTY On motion of Mr. Holland, seconded by Mr. Gecker, the Board adopted the following resolution: WHEREAS, the observance of "Family Day - A Day to Eat Dinner with Your Children" provides a unique opportunity for families in Chesterfield County to join one another at the dinner table as a means of strengthening family relationships; and WHEREAS, parental influence is known to be one of the most crucial factors in determining the likelihood of substance abuse by teenagers; and WHEREAS, surveys conducted by the National Center on Addiction and Substance Abuse have consistently found that children and teenagers who routinely eat dinner with their families are far less likely to use cigarettes, alcohol and illegal drugs; and WHEREAS, meal times offer opportunities for families to spend time together, providing a basic structure that strengthens and encourages lasting relationships; and WHEREAS, young people from families who have infrequent family dinners, compared to those who have frequent family dinners, are two and a half times likelier to have used tobacco and marijuana and one and a half times likelier to have consumed alcohol; and J J J 09-456 08/26/09 WHEREAS, the correlation between family dinners and reduced risk for teen substance abuse is well documented; and WHEREAS, Chesterfield County Youth Planning and Development and SAFE Inc., Chesterfield's substance abuse prevention coalition, are promoting the importance of family dinners to parents in Chesterfield County, Virginia; and WHEREAS, the Chesterfield County Board of Supervisors recognizes that eating dinner as a family is an important step toward raising drug-free children. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors recognizes Monday, September 28, 2009, as "Family Day - A Day to Eat Dinner With Your Children," to recognize the positive impact of strong family interaction on the well being and future success of the young people in Chesterfield County. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 8.C.l.b. RECOGNIZING MR. MICHAEL ALEXANDER FULLER AND MR. DONALD MICHAEL MARTIN UPON ATTAINING THE RANK OF EAGLE SCOUT u ^s On motion of Mr. Holland, seconded by Mr. Gecker, 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 WHEREAS, Mr. Michael Alexander Fuller, Troop 2815, sponsored by Chester United Methodist Church, and Mr. Donald Michael Martin, Troop 1891, sponsored by Bon Air United Methodist Church, have accomplished those high standards of commitment and have reached the long-sought goal of Eagle Scout which is received by only four percent of those individuals entering the Scouting movement; and WHEREAS, growing through their experiences in Scouting, learning the lessons of responsible citizenship, and endeavoring to prepare themselves for roles as leaders in society, Michael and Donald 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 hereby extends its congratulations to Mr. Michael Alexander Fuller and Mr. 09-457 08/26/09 Donald Michael Martin 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. 8.C.l.c. RECOGNIZING SEPTEMBER 7-11, 2009, AS "NATIONAL PAYROLL WEEK" IN CHESTERFIELD COUNTY On motion of Mr. Holland, seconded by Mr. Gecker, the Board adopted the following resolution: WHEREAS, the American Payroll Association and its 23,000 members have launched a nationwide public awareness campaign that pays tribute to the more than 156 million people who work in the United States and the payroll professionals who support the American system by paying wages, reporting worker earnings and withholding federal employment taxes; and WHEREAS, payroll professionals in Chesterfield, Virginia play a key role in maintaining the economic health of Chesterfield County, carrying out such diverse tasks as paying into the unemployment insurance system, providing information for child support enforcement, and carrying out tax withholding, reporting and depositing; and WHEREAS, payroll departments collectively spend more than $15 billion annually complying with myriad federal and state wage and tax laws; and WHEREAS, payroll professionals play an increasingly important role ensuring the economic security of American families by helping to identify noncustodial parents and making sure they comply with their child support mandates; and WHEREAS, payroll professionals have become increasingly proactive in educating both the business community and the public at large about the payroll tax withholding systems; and WHEREAS, payroll professionals meet regularly with federal and state tax officials to discuss both improving compliance with government procedures and how compliance can be achieved at less cost to both government and businesses; and NOW, THEREFORE, BE IT RESOLVED that the week in which Labor Day falls has been proclaimed "National Payroll Week," the Chesterfield County Board of Supervisors hereby gives additional support to the efforts of the people who work in Chesterfield, Virginia and of the payroll profession by proclaiming September 7-11, 2009, as "National Payroll Week" in Chesterfield, Virginia. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. J J J 09-458 08/26/09 8.C.l.d. RECOGNIZING MRS. BEVERLEY A. BRANDY, FIRE AND EMERGENCY MEDICAL SERVICES DEPARTMENT, UPON HER RETIREMENT C ^! On motion of Mr. Holland, seconded by Mr. Gecker, the Board adopted the following resolution: WHEREAS, Mrs. Beverley A. Brandt will retire from the Chesterfield Fire and Emergency Medical Services Department on September 1, 2009; and WHEREAS, Mrs. Brandt has served the county for nearly 34 years; close to 14 of those years were served in the Real Estate Assessor's Office as a Customer Service Representative and a Data Entry Operator; and 20 years as a Senior Data Analysis Technician; Administrative Secretary and ultimately an Administrative Assistant in the Emergency Management Division of Chesterfield Fire and Emergency Medical Services; and WHEREAS, Mrs. Brandt has been instrumental in all aspects of emergency management such as the response and recovery from the two tornadoes in 1993; the ice storm in 1994; the blizzard and Hurricane Fran in 1996; the ice storm/snowstorm in 1998; Hurricane Floyd in 1999; the ice storm. in 2000; Hurricane Isabel in 2003; and Tropical Storm Gaston in 2004, all Presidential Declarations; and WHEREAS, Mrs. Brandt coordinated the county's trip to Emmitsburg, Maryland in 1994 to the Emergency Management Institute where 79 top county employees attended an Integrated Emergency Management Course; and WHEREAS, Mrs. Brandt assisted with the coordination of many annual Emergency Operation Plan exercises, including the national exercise, Determined Promise 2004; and WHEREAS, Mrs. Brandt coordinated and trained the Emergency Operations Center Response Team, an exceptional resource for the EOC, and consistently displayed teamwork and cooperation in all endeavors; and WHEREAS, Mrs. Brandt projects a positive image to citizens and county employees; and has supported the citizens and the county government in all aspects of her career. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes the contributions of Mrs. Beverley A. Brandt, expresses the appreciation of all residents -for her service to the county, and extends appreciation for her dedicated service and congratulations upon her retirement. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 09-459 08/26/09 8.C.l.e. RECOGNIZING MR. S. JOSEPH WARD FOR HIS SERVICE AS A MEMBER OF THE GRTC TRANSIT SYSTEM BOARD OF T1TRF.C'TC1R.~' Mr. Gecker stated Mr. Ward was unable to attend the meeting to accept the resolution due to health reasons. He further stated he and members of the GRTC Transit System Board of Directors will present the resolution to Mr. Ward on September 2. On motion of Mr. Holland, seconded by Mr. Gecker, the Board adopted the following resolution: WHEREAS, Mr. S. Joseph Ward has served as a Chesterfield County representative to the GRTC Transit System Board of Directors for sixteen years and served as Secretary/Treasurer from 2003-2007; and WHEREAS, Mr. Ward was a dedicated member of the GRTC Transit System Board who kept the Richmond Region foremost in his thoughts and actions; and WHEREAS, Mr. Ward's business and finance skills enabled him to provide wise counsel in matters pertaining to the board; and WHEREAS, Mr. Ward includes among his many accomplishments on the GRTC Transit System Board of Directors the acquisition of a modern fleet, expansion of the transit system of service, an excellent relationship with the Amalgamated Transit Union, and the acquisition of property for a new GRTC corporate headquarters; and WHEREAS, Mr. Ward has faithfully and diligently performed the duties assigned to him as a member of the board, consistently demonstrating leadership, understanding, and commitment to the issues coming before the GRTC Transit System Board of Directors during his tenure. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes Mr. S. Joseph Ward and expresses appreciation for his valuable time and commitment to Chesterfield County while serving on the GRTC Transit System Board of Directors. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 8.C.l.f. RECOGNIZING MR. WILLIAM HANDLEY, PLANNING DEPARTMENT, UPON HIS RETIREMENT On motion of Mr. Holland, seconded by Mr. Gecker, the Board adopted the following resolution: WHEREAS, Mr. William Handley will retire from the Chesterfield Planning Department on August 31, 2009 after twenty-one years of dedicated service; and WHEREAS, Mr. Handley began his service in 1988 as a planner with the Planning Department, and became Chesterfield County's first Demographer in 1995; and J J J 09-460 08/26/09 WHEREAS, during his tenure, Mr. Handley collected and disseminated demographic and economic data to all county departments and the general public; and u WHEREAS, Mr. Handley served as Chesterfield County's liaison to the United States Census Bureau; and WHEREAS, Mr. Handley assisted in the Magisterial District redistricting process for Chesterfield County through his expertise with Census data; and WHEREAS, with that same expertise, Mr. Handley worked with the General Registrar of voters in creating new voting precincts; and WHEREAS, Mr. Handley produced Chesterfield County's annual population projections; and WHEREAS Mr. Handley helped create the geographical boundaries of Chesterfield's 25 communities and was responsible for calculating their annual population and housing distributions; and WHEREAS, Mr. Handley maintained up-to-date data on Chesterfield County housing and subdivision development; and WHEREAS, Mr. Handley created or assembled current and forecast data for transmission to regional planning agencies for use in transportation and other planning uses; and WHEREAS, Mr. Handley created and maintained the county's annual Demographic Profile and Residential Report; and WHEREAS, Mr. Handley participated in the creation of the Chesterfield County Development Potential Database and the Growth Analysis Report. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors does hereby recognize and applaud the conscientious efforts and commitment to excellence displayed by Mr. William Handley, expresses the appreciation of all residents for his service to the county, and extends appreciation for his dedicated service and congratulations upon his retirement. Ayes: warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 8.C.l.g. RECOGNITION MR. PAUL D. PATTEN, COMMUNITY DEVELOPMENT DIVISION, UPON HIS RETIREMENT On motion of Mr. Holland, seconded by Mr. Gecker, the Board adopted the following resolution: WHEREAS, Mr. Paul D. Patten will retire from Chesterfield County on October 1, 2009, after 30 years of dedicated service; and WHEREAS, Mr. Patten began working with the Department of Real Estate Assessments as a Junior Appraiser in March 1979, and through hard work and dedication was promoted to Senior 09-461 08/26/09 Appraiser in 1984, to Principal Appraiser in 1985, to Systems Specialist in 1986, to Principal Systems Operations Analyst in 1989, to Assistant Director in 1994, and to Director in March 1997; and WHEREAS, Mr. Patten was a member of the International Association of Assessing Officers and the Virginia Association of Assessing Officers; and WHEREAS, Mr. Patten played a primary and essential role in the development and implementation of the Computer Assisted Land Information and Appraisal System (CALIAS), which automated the assessment process saving countless work hours and money; and WHEREAS, Mr. Patten in June 2002, moved to the position of Automation Liaison for Community Development, assisting in the ongoing development of the Chesterfield Development and Information System (CDIS); and WHEREAS, Mr. Patten served as liaison for Community Development with the Department of Information Systems Technology; and WHEREAS, Mr. Patten served as Chair of the CDIS Steering Committee; and WHEREAS, Mr. Patten served as Technological Adviser to the Deputy County Administrator for Community Development during the construction of the Community Development building; and WHEREAS, Mr. Patten supervised the first Community Development Records and Imaging Center; and WHEREAS, Mr. Patten tirelessly pursued progressive technological systems enhancements resulting in exceptional process improvements. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes the contributions of Mr. Paul D. Patten, and extends on behalf of its members and the citizens of Chesterfield County, appreciation for his service to the county and congratulations upon his retirement. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 8.C.2. ACCEPTANCE AND APPROPRIATION OF STATE WIRELESS E-911 SERVICES BOARD GRANT On motion of Mr. Holland, seconded by Mr. Gecker, the Board accepted and appropriated $137,843 in state wireless grant funds to support the replacement of Computer Aided Dispatch (CAD) system personal computers, make upgrades to the back-up Emergency Communications Center (ECC) and to obtain training software. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. J J J 09-462 08/26/09 8.C.3. ACCEPTANCE OF GRANT AWARD FROM THE UNITED STATES DEPARTMENT OF JUSTICE, BUREAU OF JUSTICE ASSISTANCE, FOR THE FY2009 JUSTICE ASSISTANCE GRANT u On motion of Mr. Holland, seconded by Mr. Gecker, the Board accepted and appropriated the award from the US Department of Justice, Bureau of Justice Assistance, Justice Assistance Grant in the amount of $505,822 and authorized the County Administrator to execute all documents. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 8.C.4. APPROVAL OF PHILLIPS VOLUNTEER FIRE COMPANY'S REQUEST FOR AROUND-THE-CLOCK CAREER STAFFING C On motion of Mr. Holland, seconded by Mr. Gecker, the Board authorized the County Administrator to identify, appropriate and/or transfer up to $591,000 for personnel and operating costs at Phillips Volunteer Fire Company. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 8.C.5. SET DATES FOR PT7BLTC HF.ARTN(~ 8.C.5.a. TO CONSIDER PROPOSED AMENDMENTS TO THE COUNTY CODE TO PERMIT RESIDENTIAL WIND ENERGY SYSTEMS IN AGRICULTURAL AND RESIDENTIAL ZONES ON LOTS/PARCELS OF FIVE ACRES OR MORE On motion of Mr. Holland, seconded by Mr. Gecker, the Board set September 23, 2009, for a public hearing to consider the proposed amendments to County Code Sections 19-65; 19-124; 19-301; 19-507; and 19-555(1) to permit residential wind energy systems (RWES) in agricultural and residential zones on lots/parcels of five acres or more. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 8.C.5.b. TO CONSIDER REVISING SECTION 10-10 OF THE COUNTY CODE RELATING TO SERVICE FEES FOR EMERGENCY AMBULANCE TRANSPORT On motion of Mr. Holland, seconded by Mr. Gecker, the Board set September 23, 2009 for a public hearing to consider revising Section 10-10 of the County Code relating to service fees for emergency ambulance transport. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 09-463 08/26/09 8.C.5.c. TO CONSIDER REPEALING SECTION 14-13 OF THE COUNTY CODE RELATING TO BUSINESSES REPORTING SALES OF HANDGUNS TO THE CIRCUIT COURT CLERK On motion of Mr. Holland, seconded by Mr. Gecker, the Board set September 23, 2009, for a public hearing to consider repealing Section 14-13 of the Code of Chesterfield County relating to businesses reporting sales of handguns to the Circuit Court Clerk. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 8.C.6. TRANSFER OF DISTRICT IMPROVEMENT FUNDS 8.C.6.a. FROM THE MATOACA DISTRICT IMPROVEMENT FUND TO THE SCHOOL BOARD TO FUND THE FOSTER GRANDPARENTS PROGRAM AT ETTRICK ELEMENTARY SCHOOL On motion of Mr. Holland, seconded by Mr. Gecker, the Board transferred $2,766 from the Matoaca District Improvement Fund to the School Board to fund the Foster Grandparents Program at Ettrick Elementary School. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 8.C.6.b. FROM THE BERMUDA DISTRICT IMPROVEMENT FUND TO THE POLICE DEPARTMENT FOR TRAFFIC CONTROL DURING THE CHESTER KIWANIS CLUB'S ANNUAL CHRISTMAS PARADE On motion of Mr. Holland, seconded by Mr. Gecker, the Board transferred $5,335 from the Bermuda District Improvement Fund to the Police Department for traffic control during thee. Chester Kiwanis Club's Annual Christmas Parade. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 8.C.7. AUTHORIZE THE COUNTY. ADMINISTRATOR TO RENEW A HEALTH CARE CONTRACT WITH ANTHEM BLUE CROSS AND BLUE SHIELD AND A DENTAL CARE CONTRACT WITH DELTA DENTAL PLAN OF VIRGINIA FOR 2010 On motion of Mr. Holland, seconded by Mr. Gecker, the Board authorized the County Administrator to renew the county's contract with Anthem Blue Cross and Blue Shield (Anthem) and its contract with Delta Dental Plan of Virginia (Delta) for 2010 at the rates filed with the papers of this Board. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 09-464 08/26/09 J J J 8.C.8. REQUESTS FOR PERMISSION 8.C.8.a. FROM ZAREMBA METROPOLITAN MIDLOTHIAN, LLC FOR BRICK PAVERS AND CONCRETE TO ENCROACH WITHIN A VARIABLE WIDTH COUNTY RIGHT OF WAY AND WATER AND SEWER EASEMENTS ACROSS ITS PROPERTY u On motion of Mr. Holland, seconded by Mr. Gecker, the Board approved a request from Zaremba Metropolitan Midlothian, LLC for permission for brick pavers and concrete to encroach within variable width county right of way and water and sewer easements across its property, 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.8.b. FROM CHRISTOPHER AND PAMELA CAMPBELL FOR A PROPOSED FENCE TO ENCROACH WITHIN A SIXTEEN-FOOT DRAINAGE EASEMENT AND AN EIGHT-FOOT EASEMENT ACROSS LOT 22, TANNER VILLAGE, SECTION A AT CHARTER COLONY ^~ On motion of Mr. Holland, seconded by Mr. Gecker, the Board approved a request from Christopher Campbell and Pamela Campbell for permission for a proposed fence to encroach within a 16-foot drainage easement and an 8-foot easement across Lot 22, Tanner 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.8.c. FROM RYAN A. AND JENNIFER AMY LINK FOR AN EXISTING FENCE TO ENCROACH WITHIN AN EIGHT-FOOT EASEMENT ACROSS LOT 39, HAWTHORNE VILLAGE, SECTION A AT CHARTER COLONY ^+~ On motion of Mr. Holland, seconded by Mr. Gecker, the Board approved a request from Ryan A. Link and Jennifer Amy Link for permission for an existing fence to encroach within an 8- foot easement across Lot 39, Hawthorne 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.8.d. FROM MCMAHON HOMES INCORPORATED FOR A PROPOSED FENCE TO ENCROACH WITHIN AN EIGHT-FOOT EASEMENT AND A SIXTEEN-FOOT DRAINAGE EASEMENT ACROSS LOT 30, THE SANCTUARY AT WATERMILL, SECTION A On motion of Mr. Holland, seconded by Mr. Gecker, the Board approved a request from McMahon Homes Inc. for permission for 09-465 08/26/09 a proposed fence to encroach within an 8' easement and a 16' drainage easement across Lot 30, The Sanctuary At Watermill, Section A, 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.8.e. FROM WILLIAM JOSEPH PARKER, III AND DANIELLE M. PARKER FOR A PROPOSED PRIVACY FENCE TO ENCROACH WITHIN AN EIGHT-FOOT EASEMENT AND A SIXTEEN-FOOT DRAINAGE EASEMENT ACROSS LOT 13, GREENBRIAR WOODS, SECTION 3 On motion of Mr. Holland, seconded by Mr. Gecker, the Board approved the request from William Joseph Parker, III and' Danielle M. Parker for permission for a proposed privacy fence to encroach within an 8' easement and a 16' drainage easement across Lot 13, Greenbriar Woods, Section 3, 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.8.f. FROM TARGET CORPORATION FOR BRICK PAVERS AND CONCRETE TO ENCROACH WITHIN VARIABLE WIDTH WATER AND SEWER EASEMENTS ACROSS ITS PROPERTY On motion of Mr. Holland, seconded by Mr. Gecker, the Board approved a request from Target Corporation for permission for brick pavers and concrete to encroach within variable width water and sewer easements across its property, 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.8.g. FROM WESLEY CHAPEL UNITED METHODIST CHURCH FOR AN EXISTING SIGN TO ENCROACH WITHIN A COUNTY RIGHT OF WAY ALONG RIVER ROAD On motion of Mr. Holland, seconded by Mr. Gecker, the Board approved a request from Wesley Chapel United Methodist Church for permission for an existing sign to encroach within a county right of way along River Road, subject to the execution of a license agreement. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. J J J 09-466 08/26/09 8.C.9. ACCEPTANCE OF PARCELS OF LAND 8.C.9.a. ALONG IRON BRIDGE ROAD FROM CHESTERFIELD FRATERNAL ORDER OF POLICE LODGE 47, INCORPORATED u On motion of Mr. Holland, seconded by Mr. Gecker, the Board accepted the conveyance of a parcel of land containing 0.02 acres along Iron Bridge Road from Chesterfield Fraternal Order of Police Lodge 47, Inc. and authorized the County Administrator to execute the deed. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 8.C.9.b. ALONG RIVER ROAD FROM DENNIS C. DOYLE AND SHARON H. DOYLE r~ u C On motion of Mr. Holland, seconded by Mr. Gecker, the Board accepted the conveyance of a 45-foot parcel of land along River Road from Dennis C. Doyle and Sharon H. Doyle and authorized the County Administrator to execute the deed. (It is noted a copy of the plat is filed with the papers of this Board . ) Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 8.C.9.c. ALONG HARROWGATE ROAD FROM LIFE CHURCH AN ASSEMBLY OF GOD FELLOWSHIP On motion of Mr. Holland, seconded by Mr. Gecker, the Board accepted the conveyance of a parcel of land containing 0.301 acres along Harrowgate Road from Life Church an Assembly of God Fellowship (formerly known as Colonial Heights Assembly of God Church) and authorized the County Administrator to execute the deed. (It is noted a copy of the plat is filed with the papers of .this Board.) Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 8.C.9.d. ON SINKER CREEK DRIVE FROM RIVER'S BEND EAST, LLC On motion of Mr. Holland, seconded by Mr. Gecker, the Board accepted the conveyance of a parcel of land designated as Lot 33 Meadowville Landing at Rivers Bend, Section Three from River's Bend East, LLC and authorized the County Administrator to execute the deed. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 09-467 08/26/09 8.C.10. APPROVAL OF CHANGE ORDERS 8.C.10.b. FOR THE CONSTRUCTION CONTRACT FOR RENOVATION OF MAINTENANCE DRIVES AND WALKWAYS AT HARRY G. DANIEL PARK BASEBALL FIELDS 10-13 On motion of Mr. Holland, seconded by Mr. Gecker, the Board authorized the County Administrator to execute change order number one for-the construction contract with Branders Bridge Landscaping L.L.C., in the amount of $37,401.62 for additional work at Harry G. Daniel Park baseball fields 10- 13. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 8.C.11. REQUEST TO QUITCLAIM A PORTION OF A SIXTEEN-FOOT SEWER EASEMENT ACROSS THE PROPERTY OF SOUTHSIDE CHURCH OF THE NAZARENE On motion of Mr. Holland, seconded by Mr. Gecker, 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 sewer easement across the property of Southside Church of the Nazarene. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 8.C.13. STATE ROAD ACCEPTANCE On motion of Mr. Holland, seconded by Mr. Gecker, the Board'' adopted the following resolution: WHEREAS, the streets described below are shown on plats recorded in the Clerk's Office of the Circuit Court of Chesterfield County; and WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised this Board the streets meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation. NOW, THEREFORE, BE IT RESOLVED, that this Board requests the Virginia Department of Transportation to add the streets described below to the secondary system of state highways, pursuant to Section 33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements. AND, BE IT FURTHER RESOLVED, that this Board guarantees a clear and unrestricted right-of-way, as described, and any necessary easements for cuts, fills and drainage. AND, BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. Project: Battery Daatzler Extension J J J 09-468 08/26/09 ^~ ^i U Tempe Chaage to the Secoadary System of State Reasoa for Change: New subdivisioa street Pursuaat to Code of Virgiaia §33.1-229 Street Name aad/or Route • Battery Dantzler Road, State Route Number 975 Old Route Number: 0 From: Old Stage Rd., (Rt. 732) To: Battery Dantzler Ct., (Rt. 7259), a distance of: Recordation Reference: Db. 5902 Pg. 884 Right of Way width (feet) = 60 • Battery Daatzler Road, State Route Number 975 Old Route Number: 0 From: Battery Dantzler Ct., (Rt 7259) To: 0.08 miles east of Battery Dantzler Cr., 0.08 miles. Recordation Reference: Db. 5902 Pg. 884 Right of Way width (feet) = 60 Additioa 0.10 miles. (Rt. 7259), a distance of: • Battery Dantzler Court, State Route Number 7259 Old Route Number: 0 From: Battery Dantzler Rd., (Rt 975) To: Cul-de-sac, a distance of: 0.12 miles. Recordation Reference: Db. 5902 Pg. 884 Right of Way width (feet) = 60 And, further, the Board adopted the following resolution: WHEREAS, the street described below is shown on plats recorded in the Clerk's Office of the Circuit Court of Chesterfield County; and WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised this Board the street meets the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation. NOW, THEREFORE, BE IT RESOLVED, that this Board requests the Virginia Department of Transportation to add the street described below to the secondary system of state highways, pursuant to Section 33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements. AND, BE IT FURTHER RESOLVED, that this Board guarantees a clear and unrestricted right-of-way, as described, and any necessary easements for cuts, fills and drainage. AND, BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. Project: Dale Meadows B Type Chaage to the Secondary System of State Addition Reasoa for Change: New subdivision street Pursuaat to Code of Virginia §33.1-229 Street Name and/or Route • Meadoway Road, State Route Number 2389 09-469 08/26/09 Old Route Number: 0 From: 0.10 miles south of West Jamson Rd., (Rt. 3927) To: Cul-de-sac, a distance of: 0.05 miles. Recordation Reference: Pb. 172 Pg. 80 Right of Way width (feet) = 50 And, further, the Board adopted the following resolution: WHEREAS, the street described below is shown on plats recorded in the Clerk's Office of the Circuit Court of Chesterfield County; and WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised this Board the street meets the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation. NOW, THEREFORE, BE IT RESOLVED, that this Board requests the Virginia Department of Transportation to add the street described below to the secondary system of state highways, pursuant to Section 33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements. AND, BE IT FURTHER RESOLVED, that this Board guarantees a clear and unrestricted right-of-way, as described, and any necessary easements for cuts, fills and drainage. AND, BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. Project: The Vineyard at Forest view Section One Tune Change to the Secondary System of State Addition Reason for Change: New subdivision street Pursuant to Code of Virginia X33.1-229 Street Name and/or Route • Twisted Oak Drive, State Route Number 4508 Old Route Number: 0 From: 0.02 miles west of Twisted Oak Ct., (Rt. 4603) To: West Brevard Dr., (Rt. 7381), a distance of: 0.05 miles. Recordation Reference: Pb. 152 Pg. 19 Right of Way width (feet) = 50 • Twisted Oak Drive, State Route Number 4508 Old Route Number: 0 From: West Brevard Dr., (Rt. 7381) To: Cul-de-sac, a distance of: 0.03 miles. Recordation Reference: Pb. 152 Pg. 19 Right of Way width (feet) = 50 • West Brevard Drive, State Route Number 7381 Old Route Number: 0 From: Twisted Oak Dr., (Rt. 4508) To: Cul-de-sac, a distance of: 0.20 miles. Recordation Reference: Pb. 152 Pg. 19 Right of Way width (feet) = 50 J J J 09-470 08/26/09 And, further, the Board adopted the following resolution: u r,~~ WHEREAS, the streets described below are shown on plats recorded in the Clerk's Office of the Circuit Court of Chesterfield County; and WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised this Board the streets meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation. .NOW, THEREFORE, BE IT RESOLVED, that this Board requests the Virginia Department of Transportation to add the streets described below to the secondary system of state highways, pursuant to Section 33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements. AND, BE IT FURTHER RESOLVED, that this Board guarantees a clear and unrestricted right-of-way, as described, and any necessary easements for cuts, fills and drainage. AND, BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. Project: Colliagton Section 13 Type Chaage to the Secondary System of State Addition Reasoa for Change: New subdivision street Pursuant to Code of Virgiaia §33.1-229 Street Name aad/or Route • Ashleyville Mews, State Route Number 7137 Old Route Number: 0 From: 0.01 miles north of Ashleyville Ln., (Rt. 5995) To: Cul-de-sac, a distance of: 0.03 miles. Recordation Reference: Pb 179 Pg. 46 Right of Way width (feet) = 40 • Ashleyville Lane, State Route Number 5995 Old Route Number: 0 From: 0.01 miles east of Ashleyville Mw., (Rt. 7137) To: Ashleyville Tn., (Rt. 7400), a distance of: 0.04 miles. Recordation Reference: Pb 179 Pg. 46 Right of Way width (feet) = 40 • Ashleyville Tura, State Route Number 7400 Old Route Number: 0 From: Ashleyville Ln., (Rt. 5995) To: Cul-de-sac, a distance of: 0.06 miles. Recordation Reference: Pb 179 Pg. 46 Right of Way width (feet) = 40 • Ashleyville Lane, State Route Number 5995 Old Route Number: 0 From: Ashleyville Tn., (Rt. 7400) To: Cul-de-sac, a distance of: 0.04 miles. Recordation Reference: Pb 179 Pg. 46 Right of Way width (feet) = 40 09-471 08/26/09 And, further, the Board adopted the following resolution: WHEREAS, the streets described below are shown on plats recorded in the Clerk's Office of the Circuit Court of Chesterfield County; and WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised this Board the streets meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation. NOW, THEREFORE, BE IT RESOLVED, that this Board requests the Virginia Department of Transportation to add the streets described below to the secondary system of state highways, pursuant to Section 33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements. AND, BE IT FURTHER RESOLVED, that this Board guarantees a clear and unrestricted right-of-way, as described, and any necessary easements for cuts, fills and drainage. AND, BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. Project: Hawthorne Village Section B at Charter Colony Tune Change to the Secondary System of State Addition Reason for Change: New subdivision street Pursuant to Code of Virginia X33.1-229 Street Name and/or Route • Nailor Way, State Route Number 7158 Old Route Number: 0 From: 0.07 miles north of Gorham Ln., (Rt. 7157) To: Newburg Ln., (Rt. 7419), a distance of: 0.12 miles. Recordation Reference: Pb. 185 Pg. 73 Right of Way width (feet) = 44 • Nailor Way, State Route Number 7158 Old Route Number: 0 From: Newburg Ln.,(Rt. 7419) To: Temp EOM, a distance of: 0.02 miles. Recordation Reference: Pb. 185 Pg. 73 Right of Way width (feet) = 44 • Newburg Lane, State Route Number 7419 Old Route Number: 0 From: Nailor Wy., (Rt. 7158) To: Coalfield Rd,. (Rt. 754), a distance of: 0.05 miles. Recordation Reference: Pb. 185 Pg. 73 Right of Way width (feet) = 44 Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 09-472 08/26/09 J J J 8.C.14. RATIFY REQUEST TO DEPARTMENT OF CORRECTIONS TO HOLD PUBLIC HEARING ON PROPOSED LEASE FOR A PROBATION AND PAROLE OFFICE u On motion of Mr. Holland, seconded by Mr. Gecker, the Board ratified the request sent to the State Department of Corrections requesting they hold a public hearing on a proposed lease at Courthouse Three Lane, just off Reycan Road, for a state probation and parole office. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 8.C.15. APPROVAL OF DESIGN, AUTHORIZATION TO ADVERTISE AND AWARD OF CONSTRUCTION CONTRACT FOR THE WINCHESTER GREEN SIDEWALK ENHANCEMENT PROJECT u On motion of Mr. Holland, seconded by Mr. Gecker, the Board approved the design for the Winchester Green Sidewalk Enhancement Project and authorized the County Administrator to advertise and award a construction contract, up to $152,000, to the lowest responsible bidder upon receiving VDOT's approval to award the contract. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 8.C.16. AUTHORIZE THE COUNTY ADMINISTRATOR TO EXECUTE A CONSTRUCTION CONTRACT FOR DANIEL PARK OFFICE AND MAINTENANCE SHOP FIRE DAMAGE RESTORATION On motion of Mr. Holland, seconded by Mr. Gecker, the Board authorized the County Administrator to execute a construction contract with M.L. Bell Construction for the Daniel Park Office and Maintenance Shop Fire Damage Restoration in the amount of $109,090.00. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 8.C.17. APPROVAL OF A LEASE FOR OFFICE SPACE AT CLOVERLEAF OFFICE PARR FOR THE POLICE DEPARTMENT On motion of Mr. Holland, seconded by Mr. Gecker, the Board authorized the County Administrator to execute a lease for office space at Cloverleaf Office Park for the Police Department. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 8.C.18. REQUEST FOR MUSIC/ENTERTAINMENT FESTIVAL PERMIT FOR CHESTERFIELD BERRY FARM'S MUSIC FESTIVAL SERIES On motion of Mr. Holland, seconded by Mr. Gecker, the Board approved a request for a music/entertainment festival permit 09-473 08/26/09 for Chesterfield Berry Farm's Music Festival Series on Saturdays and Sundays from September 19 through November 1, 2009. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. The following items were removed from the Consent Agenda for Board comment: 8.C.12. PROPERTY AT WOOLRIDGE ELEMENTARY SCHOOL COMMUNICATIONS ANTENNAE TO BE INSTALLED ON COUNTY DEVELOPMENT FOR A COMMUNICATIONS TOWER AND FOR CONDITIONAL USE OR CONDITIONAL USE PLANNED AUTHORIZATION FOR PEGASUS TOWER CORPORATION TO APPLY Ms. Durfee expressed concerns relative to how close the communications towers are located to each other. In response to Ms. Durfee's question, Mr. Harmon stated the Utilities Department would be able to provide a map of communications towers located on county property. Mr. Stith stated the Planning Department would provide a map of all privately owned communications towers in the county. In response to Mr. Holland's question,. Mr. Harmon stated this communications tower request would go through school administration. In response to Mr. Gecker's question, Mr. Harmon stated the county does not currently require monitoring of radiation levels for communications towers on school facilities. Mr. Gecker stated the county could possibly be stricter with the standards for radiation levels for communications towers at school facilities. On motion of Ms. Durfee, seconded by Mr. Warren, the Board authorized Pegasus Tower Corporation to apply for conditional use or conditional use planned development for a communications tower and communications antennae to be installed on county property at Woolridge Elementary School. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 8.C.10.a. FOR THE PROCTORS CREEK WASTEWATER TREATMENT P FINE SCREENS PROJECT In response to Mr. Gecker's question, Mr. Covington explained the process for determining a building location has subsurface conditions. On motion of Mr. Gecker, seconded by Mr. Holland, the Board approved Change Order Number One for the Proctors Creek Wastewater Treatment Plant Fine Screens project in the amount of $108,995.28 and authorized the County Administrator to execute the necessary documents. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. J J J 09-474 08/26/09 9. REPORTS 9.A. REPORT ON DEVELOPER WATER AND SEWER CONTRACTS 9.B. REPORT ON STATUS OF GENERAL FUND BALANCE, RESERVE FOR FUTURE CAPITAL PROJECTS, DISTRICT IMPROVEMENT FUNDS AND LEASE PURCHASES 9.C. REPORT OF PLANNING COMMISSION SUBSTANTIAL ACCORD DETERMINATION FOR CRICKET COMMUNICATIONS, INCORPORATED (CASE 09PD0307) TO PERMIT A COMMUNICATIONS TOWER IN AN AGRICULTURAL DISTRICT 9.D. REPORT OF PLANNING COMMISSION SUBSTANTIAL ACCORD DETERMINATION FOR CRICKET COMMUNICATIONS, INCORPORATED (CASE 09PD0309) TO PERMIT A COMMUNICATIONS TOWER IN A LIGHT INDUSTRIAL DISTRICT 9.E. REPORT OF PLANNING COMMISSION SUBSTANTIAL ACCORD DETERMINATION FOR RICHMOND 20MHZ, LLC (CASE 09PD0310) TO PERMIT A COMMUNICATIONS TOWER IN A RESIDENTIAL DISTRICT On motion of Ms. Durfee, seconded by Mr. Gecker, the Board accepted the following reports: a Report on Developer Water and Sewer Contracts; a Report on Status of General Fund Balance, Reserve for Future Capital Projects, District Improvement Funds and Lease Purchases; a Report of Planning Commission Substantial Accord Determination for Cricket Communications, Incorporated (Case 09PD0307) to Permit a Communications Tower in an Agricultural District; a Report of Planning Commission Substantial Accord Determination for Cricket Communications, Incorporated (.Case 09PD0309) to Permit a Communications Tower in a Light Industrial District; and a Report of Planning Commission Substantial Accord Determination for Richmond 20MHz, LLC (Case 09PD0310) to Permit a Communications Tower in a Residential District. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 10. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED MATTERS There were no speakers at this time. 11. 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 u On motion of Mr. Holland, seconded by Ms. Durfee, 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. 09-475 08/26/09 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: Aye. Mr. Gecker: Aye. Mr. Warren: Aye. Ms. Durfee: Aye. Mr. Holland: Aye. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. Mr. Warren stated the purpose of evaluate the performance of the further stated Mr. Stegmaier has County Administrator. He stated times there will be no change in contract. 12. DINNER the Closed Session was to County Administrator. He done a good job as the given the tough economic the County Administrator's On motion of Mr. Holland, seconded by Mr. Gecker, the Board recessed to the Lane B. Ramsey Administration Building, Room 502, for dinner. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. Reconvening: 13. INVOCATION Associate Pastor Janet Wynn, Union Branch Baptist Church, gave the invocation. J J J 09-476 08/26/09 14. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA C C U Eagle Scout David Reed led the Pledge of Allegiance to the Flag of the United States of America. 15. RESOLUTIONS 15.A. RECOGNIZING BOY SCOUTS UPON ATTAINING THE RANK OF EAGLE SCOUT 15.A.1. MR. AUGUST DANIEL KAHSAR, MIDLOTHIAN DISTRICT 15.A.2. MR. JOHN CARTER RING, MIDLOTHIAN DISTRICT 15.A.3. MR. SAMUEL ASCOLI STEVENSON, MATOACA DISTRICT 15.A.4. MR. JAMES LUKE KORMAN, MIDLOTHIAN DISTRICT 15.A.5. MR. BRETT ALEXANDER ROSS HOLMES, CLOVER HILL flTCTRT('T 15.A.6. MR. JACOB MICHAEL SHAW, MIDLOTHIAN DISTRICT 15.A.7. MR. DAVID MATTHEW REED, BERMUDA DISTRICT Mr. Kappel introduced Mr. August Kahsar, Mr. Samuel Stevenson, Mr. Brett Holmes, Mr. Jacob Shaw, and Mr. Reed, who were present to receive their resolutions. On motion of Mr. Holland, seconded by Ms. Jaeckle, 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. August Daniel Kahsar and Mr. John Carter King, both of Troop 1891, sponsored by Bon Air United Methodist Church, Mr. Samuel Ascoli Stevenson, Troop 806, sponsored by Woodlake United Methodist Church, Mr. James Luke Korman, Mr. Brett Alexander Ross Holmes and Mr. Jacob Michael Shaw, all of Troop 876, sponsored by Mount Pisgah United Methodist Church, and Mr. David Matthew Reed, Troop 2815, sponsored by Chester United Methodist Church, have accomplished those high standards of commitment and have reached the long-sought goal of Eagle Scout which is received by only four percent of those individuals entering the Scouting movement; and WHEREAS, growing through their experiences in Scouting, learning the lessons of responsible citizenship, and 09-477 08/26/09 endeavoring to prepare themselves for roles as leaders in society, August, John, Samuel, Luke, Brett, Jake and David 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 26th day of August 2009, hereby extends its congratulations to Mr. August Daniel Kahsar, Mr. John Carter King, Mr. Samuel Ascoli Stevenson, Mr. James Luke Korman, Mr. Brett Alexander Ross Holmes, Mr. Jacob Michael Shaw and Mr. David Matthew Reed, 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. Gecker, Ms. Durfee and Ms. Jaeckle presented the executed resolutions and patches to the scouts, congratulated them on their achievements and wished them well in future endeavors. Mr. Kahsar, Mr. Stevenson, Mr. Holmes, Mr. Shaw, and Mr. Reed each provided details of their Eagle Scout projects and expressed appreciation for their parents' support. (It is noted Mr. King and Mr. Korman were unable to attend the meeting and their resolutions will be forwarded to them.) 16. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED MATTERS Queen Zakia Shabazz, a resident of Schloss Manor, addressed the Board, requesting the installment of additional safety measures at the intersection of Schloss Road/Tacony Drive and Elkhardt Road. 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 ~8SN0285 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. Mr. Turner presented a summary of Case 08SN0285 and stated the applicant is requesting a 90-day deferral to allow time to work on the request. J J J 09-478 08/26/09 Ms. Carrie Coyner, the applicant's representative, requested a 90 day deferral, to allow more time to work with the county. Mr. Warren called for public comment. There being no one to address the deferral request, the public hearing was closed. On motion of Ms. Jaeckle, seconded by Mr. Gecker, the Board deferred Case 08SN0285 to November 18, 2009. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 095N0212 In Matoaca Magisterial District, DONNA S. SNYDER requests Conditional Use and amendment of zoning district map to permit a family day care home in a Residential (R-9) District on .2 acre known as 7812 Winding Ash Court. Density will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for residential use of 2.0 units per acre or less. Tax ID 716- 667-8115. Mr. Turner presented a summary of Case 09SN0212 and stated staff and the Planning Commission recommended approval subject to the conditions in the staff report. Ms. Donna Snyder stated the conditions were acceptable. Mr. Warren called for public comment. There being no one to address the request, the public hearing was closed. On motion of Ms. Durfee, seconded by Mr. Holland, the Board approved Case 09SN0212, subject to the following conditions: 1. This Conditional Use shall be granted to and for, Donna S. Snyder, exclusively, and shall not be transferable nor run with the land. (P) 2. There shall be no exterior additions or alterations to the existing structure to accommodate this use. (P) 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. 095N0214 In Clover Hill Magisterial District, MARTIN MARIETTA MATERIALS, INC requests rezoning and amendment of zoning district map from Light Industrial (I-1) and Agricultural (A) to General Industrial (I-2) with Conditional Use to permit 09-479 08/26/09 mining and quarry operations on 264.6 acres plus Conditional Use Planned Development on 50 acres of the 264.6 acre tract to permit exceptions to Ordinance requirements fronting 4000 feet on the west line of Warbro Road, 1050 feet north of Hull Street Road. Density will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for light industrial use. Tax IDs 734-683-9441; 735-681-5954; 735-684-6406 and 7967; 736-685- 2144; 736-683-3056; 737-682-9762; and 737-683-2003. Mr. Turner presented a summary of Case 09SN0214 and stated staff and the Planning Commission recommended approval and acceptance of the proffered conditions. Mr. John Cogbill, the applicant's representative, stated the conditions were acceptable. On motion of Mr. Warren, seconded by Mr. Holland, the Board approved Case 09SN0214 and accepted the following proffered conditions: The Owners and the Developer (the "Owners") in this zoning 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 development of the Property known as Chesterfield County Tax Identification Numbers 735-684-6406, 736-685-2144, 736-683-3056, 737-683-2003,-735-684-7967, 734- 683-9441, 735-681-5954, & 737-682-9762 (the "Property") under consideration will be developed according to the following conditions if, and only if, the rezoning request for I-2 with a conditional use permit (CUP) and a conditional use planned development (CUPD) is granted. In the event the request is denied or approved with conditions not agreed to by the Owners, the proffers shall immediately be null and void and of no further force or effect. If the zoning is granted, these proffers and conditions will supersede all proffers and conditions now existing on the Property. Exhibit A - The plan titled "Zoning Master Plan, Martin Marietta Materials, Inc. Midlothian Quarry, Chesterfield County, Virginia," prepared by Martin Marietta Materials, dated April 30, 2009, and last revised June 25, 2009. 1. Master Plan. The Textual Statement dated July 8, 2009, shall be considered the Master Plan. (P) 2. Uses. Uses permitted on the Property shall be: A. Any uses permitted in the Light Industrial (I- 1) District. B. Mining and quarry operations, including the processing of raw materials located on the Property and overburden storage. C. Concrete manufacturing. D. Stone products manufacturing, as accessory use to the quarry operations. E. Asphalt manufacturing. J J J 09-480 08/26/09 F. Storage yards. G. Any accessory uses associated with any of the uses listed above, including equipment maintenance areas and shops. (P) ^# 3. Fence. A fence affording adequate security with appropriate access gates shall be installed, relocated, or added to the perimeter or that portion of the perimeter of the Property where such activity requires fencing in accordance with the Virginia Division of Mineral Mining permit. Prior to the start of operation of that specific use or activity the fencing shall be installed. The fence may be extended or relocated based on the expansion or changes of the operations on the Property. This does not include areas where there is existing fence such as along Route 288. (P) 4. Location and Standards for Certain Uses. A. Primary crushing facilities and other power driven or power producing equipment for quarry operations only shall be located a minimum of 600 feet from the Property lines adjacent to Warbro Road, Route 288, and the Chesterfield Crossing Shopping Center and as shown on Exhibit A. This restriction shall- not apply to the concrete manufacturing or asphalt manufacturing . C B. Except on the southern portions of the Property where the existing historical quarry limits are outside the 200 foot excavation limits and shown on Exhibit A, all other portions of the Property shall maintain the 200 foot Excavation Limit. C. Any concrete manufacturing (batch) plant shall comply with all County, State, and Federal ordinances, statues, and regulations governing the operation. At a minimum, the plant shall comply with the following: i. The mixing of concrete shall only occur within concrete trucks. U ii. No mixing, other than mixing of sand, stone, and other dry ingredients, shall occur outside of concrete trucks. Discharge areas, where dry ingredients are loaded into concrete trucks, as well as ingredient storage silos, shall be segregated from the rest of the plant by containment facilities designed to retain spilled ingredients and prevent surface and ground water contamination from these materials. iii. Areas where trucks where trucks are residue, shall be rest of the p 09-481 mix the concrete, and washed, of ingredient segregated from the Lant by containment 08/26/09 facilities designed to retain spilled ingredients and wash water and prevent surface and ground water contamination from these materials. Water from washing operations shall be collected in a basin and recycled for use in the concrete mixing operation. Residue that settles out of the wash water shall be periodically removed from the containment facility and disposed of in an approved landfill. The wash water containment basin shall be designed to prevent surface and ground water contamination from wash water and shall be sized such that it shall retain the maximum rainfall occurring on the property within twenty- four (24) hours over a twenty-five (25) year period, as determined by National weather Service records for the area. (P) 5. Equipment. All equipment requiring backup warning devices shall be equipped with a directional backup alarm in accordance with Mine Safety and Health Administration (MSHA) and or Occupational Safety and Health Administration (OSHA), whichever applies. (P) 6. Buffers and Overburden Storage. A. A seventy-five (75) foot buffer shall be maintained along the southern boundary of the quarry site, as depicted on Exhibit A. With the exception of the existing or future sewer and drainage easement(s), this buffer shall comply with the requirements of the Zoning Ordinance, Sections 19-520 through 19-522 for fifty (50) foot buffers. B. Tax Identification Number 737-682-9762 shall 'be maintained as a buffer, except that new drainage structures and pond relating to the relocation of a creek shall be permitted. C. A one hundred (100) foot buffer shall be maintained along the western Property boundary adjacent to Route 288, along the western Property boundary adjacent to Tax Identification Numbers 734-681-9319 and 734- 680-9682, and along the southern boundary of Tax Identification Numbers 735-681-5954 and 734-683-9441, as depicted on Exhibit A. Except for installation of necessary sediment and erosion control measures or selective clearing of underbrush or removal of dead or diseased trees this buffer shall remain in its natural state. D. A one-hundred-and-fifty (150) foot buffer along Warbro Road (except for the area occupied by the existing office building and parking lot) and generally south of the access into the Property shall be maintained along the eastern boundary of the Property, as J J J 09-482 08/26/09 C depicted on Exhibit A. With the exception of the existing pond or any existing or new sewer, drainage, or other easement(s), this buffer shall comply with the requirements of the Zoning Ordinance, Sections 19-520 through 19-522 for fifty (50) foot buffers. Temporary encroachment into the buffer shall be permitted for' the construction of the underground drainage relocation but will be restored following construction of the utility line and stream relocation. E. Sufficient topsoil for reclamation use shall be stockpiled. All berms and overburden storage may be used for reclamation. All slopes of the topsoil and/or overburden storage shall be seeded and planted when each terrace reaches its design limit. The storage, planting, and seeding shall be performed in accordance with the Virginia Division of Mineral Mining permit. (P) 7. Access. C A. Direct vehicular access from the Property to Warbro Road shall be limited to the two existing accesses that serve the existing office building and separate parking lot, as generally shown on Exhibit A. Modification to the location of and to the uses that serve these accesses shall be approved by the Chesterfield County Transportation Department. Note: This Proffered Condition shall not preclude vehicular access from the Property to Warbro Road via the existing right-of-way ("Access Road"), generally located towards the northern part of the Property and as shown on Exhibit A. B. Access from the Property to Memphis Boulevard shall be limited to vehicular access for a cumulative total of 30,000 square feet of office building(s), other associated building(s) including maintenance uses, and for occasional access to the Freshwater and Settling Ponds, the Virginia Power Easement, and the Overburden Storage areas as identified on Exhibit A. (T) U 8. Debris. The right-of-way of Warbro Road generally from its intersection with the Access Road and for a distance of about 1000 feet south of the Access Road shall be monitored by the Owners on a daily basis to prevent the accumulation of debris from trucks entering or leaving the Property. A plan for the identification, monitoring, and regular removal of debris shall be submitted to the Planning Department for review and approval upon request. The plan shall be implemented upon approval by the Planning Department. (P) Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 09-483 08/26/09 09SN0217 In Dale Magisterial District, UPHOFF PROPERTIES, LLC request amendment of Conditional Use Planned Development (Case 87SN0133) and amendment of zoning district map relative to permitted uses, architecture and signage on property located in the northwest corner of the intersection of Ridgedale Parkway and Iron Bridge Road. Density will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for regional mixed use. Tax ID 776-687-7563. Mr. Turner presented a summary of Case 09SN0217 and stated staff and the Planning Commission recommended approval subject to the condition and acceptance of the proffered conditions. Mr. Roger Rodriguez, the applicant's representative, stated the conditions were acceptable. Mr. Warren called for public comment. There being no one to address the request, the public hearing was closed. On motion of Mr. Holland, seconded by Mr. Gecker, the Board approved Case 09SN0217, subject to the following condition: With the approval of this Textual Statement Item 7.5 request property only. (P) request, Condition 11 and shall be deleted for the (Note: With deletion of Condition 11 and Textual Statement Item 7.5, development of the property shall comply with the architectural requirements of the Zoning Ordinance for Emerging Growth District Areas.) And, further, the Board accepted the following proffered conditions: 1. Permitted uses shall be as follows: A. Uses permitted by right or with restrictions in a Corporate Office (O-2) District; B. Restaurant, with or without a drive-in window; C. Outdoor dining incidental to restaurant use; D. Convenience store with gasoline sales; and E. Car wash. (P) 2. One (1) freestanding sign a maximum of twenty (20) square feet in area and eight (8) feet tall shall be permitted to identify a business on the request property. Should such sign advertise onsite retail sale of gasoline or diesel fuel, the sign may be increased by twenty-five (25) square feet for the purpose of advertising fuel prices only. (P) J J J 09-484 08/26/09 (Staff Note: This proffered condition modifies Condition 16 of Case 87SN0133 to permit a freestanding business identification sign on Route 10 for the request property only.) ~J (Note: Except as modified herein, all other conditions and proffered conditions of Case 87SN0133 remain in force and affect. ) Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 08SN0224 (Amended) In Midlothian Magisterial District, TALLEY SIGN CO. requests Conditional Use Planned Development and amendment of zoning district map to permit a computer-controlled, variable message, electronic sign and to permit exception to Ordinance requirements relative to sign height in a Corporate Office (O-2) District on 0.6 acres known as 1231 Gateway Centre Parkway. Density will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for light industrial use. Tax ID 757- 705-3156. Mr. Robert Clay presented a summary of Case 08SN0224 and stated the Planning Commission recommended approval of the request subject to the proffered conditions. He further stated staff recommended denial of the request due to non- conformance with the Electronic Sign Policy Policy. Mr. David Durrett, the applicant's representative, stated the conditions approved at the Planning Commission were agreeable. Mr. Robert B. Jarvis, the Executive Vice President of Talley Sign Company, stated the Planning Commission approved the request for a 15-foot sign. He further stated the only problem stated with the request was the separation of 2,000 feet between signs. Mr. Bob Olsen, a Midlothian District resident, expressed concerns relative to the lack of standards should the applicant violate the proffered conditions. Mr. Jarvis stated a revised sign ordinance should contain a penalty if it is violated. There being no one else to address the request, the public hearing was closed. Mr. Gecker stated approval of electronic message signs should wait until the results of the study from the Planning Commission is received. He further stated he is not in the position to support the request at this time. Mr. Warren stated the Board needs the opinion of the Planning Commission and staff on this issue. In response to Mr. Warren's question, Mr. Micas stated electronic signs which have been previously approved have a 09-485 08/26/09 vested right to continue whatever use was approved in the prior zoning case. 3 In response to Mr. Gecker's questions, Mr. Micas stated the consequences or penalties for violations of existing zoning conditions do include a fine schedule, but cannot make the signs go dark. Mr. Micas stated the request could be deferred to September 23, 2009. In response to Mr. Gecker's question, Mr. Turner stated the Commission will not have a recommendation to the Board before September 23, 2009. In response to Ms. Durfee's questions, Mr. Gecker stated under current policy all of the conditions meet current policy but there is a thought that too many electronic signs in a certain distance are too much for the corridor. He further stated he does not want to exacerbate the problems along Midlothian Turnpike or set precedence with the spacing concerns. He stated the current sign at the location has the time and temperature on it and does not contain a changeable copy. Mr. Turner stated the Planning Commission considered the recommendation of the committee but they did not feel an electronic message center should be permitted by right any place in the county and needed to be considered on a case by case basis through the conditional use process so the public had the ability to comment on the impact of the sign. He further stated the Planning Commission wants to review the Sign Policy to include more standards on electronic signs. Ms. Jaeckle stated the spacing concerns are going to be the tough standard to come up with. On motion of Mr. Gecker, seconded by Ms. Jaeckle, the Board deferred Case 08SN0224 to September 23, 2009. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 09SN0216 In Matoaca Magisterial District, JENNIFER R. HICKS requests amendment of Conditional Use Planned Development (Case 85SN0035) and amendment of zoning district map to permit a nightclub use in a Neighborhood Business (C-2) District on 2.2 acres fronting 120 feet on the southeast line of North Spring Run Road, 450 feet south of Hull Street Road. Density will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for community mixed use. Tax ID 725-671-5911. Mr. Clay presented a summary of Case 09SN0216 and stated staff and the .Planning Commission recommended approval subject to the conditions. Ms. Jennifer Hicks, owner of Murphy's Law II, stated the conditions are acceptable and the nightclub permit has been signed by Chief of Police. 09-486 08/26/09 J J J Mr. Ronnie Grey, a resident of Norwood Pond subdivision, spoke in opposition to the request due to the proximity of adjacent residential zoning. 0 Ms. Andrea Epps, a resident of the Clover Hill district, spoke in support of the request. Mr. Milton L. Hawkins, a county resident, requested the Board deny the request. Ms. Roberta Hawkins, a county resident, requested the Board deny the request. There being no one else to address the request, the public hearing was closed. In response to Ms. Durfee's question, Mr. Clay stated the business has been operating for 4 years. In response to Ms. Durfee's questions, Mr. Micas stated the Chief of Police is required to sign off on nightclub permits because it is in the county ordinance, but is not required by the state. In response to Ms. Durfee's questions, Colonel Dupuis stated many times there is one key address for a shopping center with multiple businesses. He further stated the business and owner met the requirements set forth in the county ordinance. Ms. Durfee stated this is not an easy decision to make, but she is required to look at the area and determine whether certain businesses should operate in the county. She further stated she met with the business owner and made no promises for approval of the request. She stated she discussed the different processes for the business to go through to continue operating which allow for opportunities to stop the business. Ms . Hicks stated her business will respect and be mindful of the surrounding area residents. On motion of Ms. Durfee, seconded by Mr. Holland, the Board approved Case 09SN0216, subject to the following conditions: 1. Nightclub use shall be permitted. (P) 2. This use shall be granted to and for Jennifer Hicks only or any entity of which she is a majority owner and shall not be transferable or run with the land. (P) (Note: These conditions are in addition to the Textual Statement of Case 85SN0035 relative to Conditions for Parcel A for the subject property only.) Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 09-487 08/26/09 18. PUBLIC HEARINGS 18.A. OF THE COUNTY CODE REGULATING EXCESSIVE NOISE TO CONSIDER AMENDMENTS TO SECTIONS 14-26 AND 14-27 Ms. McGee stated this date and time had been advertised for the Board to consider amendments to Section 14-26 and 14-27 of the County Code regulating excessive noise. She further stated staff recommends adoption of the revised noise ordinance. She provided a summary of the proposed amendments for each category of noise. In response to Mr. Gecker's question, Ms. McGee stated the proposed changes that were made since the afternoon work session were not available in writing. In response to Mr. Holland's question, Ms. McGee stated the 50-feet rule is currently enforced by the Police Department and they approved keeping that distance. In response to Mr. Warren's questions, Ms. McGee stated noise from televisions and stereos either audible in the house of another or 50 feet away is considered in violation of the ordinance. She further stated the sound from an automobile stereo heard 50 feet away is in violation of the ordinance. She stated that police officers on patrol typically issue summonses for excessive noise from an automobile. She further stated the number one noise violation was the noise from bands, televisions, or stereos. Mr. Warren called for public comment. In response to Mr. Gardner's question, Ms. McGee stated there were 1,252 complaints with 3 summonses for barking dogs. Mr. Darren Gardner expressed concerns relative to the timeframes proposed for the ordinance. Ms. Roberta Hawkins requested the county work with a sound expert to study the noise ordinance and make a recommendation. Mr. Mike Azells spoke in support of the noise ordinance. Mr. James Shelton stated 7:00 a.m. should be the time garbage trucks are permitted to begin collections. Ms. Andrea Epps inquired whether consideration would be made for those citizens who are hard of hearing and turn their television up to be able to hear it. Mr. William Friend, a resident of the Foxboro Subdivision, stated the proposed ordinance is very liberal. Ms. Jaeckle expressed concerns relative to the unintended consequences of any ordinance adopted by the county. She stated decision on the ordinance needs to be deferred for 30 days. Mr. Holland stated he would like to defer decision to allow for a closer look at the ordinance. J J J 09-488 08/26/09 Mr. Gecker stated the Virginia Supreme Court case stated the prior ordinance was too vague to enforce, and he wants to ensure the new ordinance is enforceable. u ~J In response to Mr. Gecker's questions, Ms. McGee stated if a complaint is made in a residential area, the officer would not enter a neighbor's home, but would use the 50-foot rule. She further stated residential neighborhoods are protected by zoning conditions and large buffer areas when they adjoin a shopping center. Discussion ensued relative to the noise created in commercial areas and the effect on residential areas. Mr. Gecker stated the noise ordinance needs to be deferred due to the amount of questions being raised on it. Ms. McGee stated she would be happy to do as much detail as the Board would like. In response to Ms. Durfee's question, Ms. McGee stated the a committee of the Local Government Attorneys of Virginia has been working on the issue of revising local noise ordinances for over 4 months. Ms. Durfee requested more clarity to be placed in the noise ordinance with the language used. She stated she has received many complaints about dirt bikes throughout the county, guns and shooting ranges. She further stated a noise ordinance is needed but is concerned with enforcement. She stated Hanover County is looking at imposing civil penalties. Ms. McGee stated that, due to a state law, noise from dirt bikes and motorcycles cannot be restricted as long as the bikes or motorcycles have mufflers. In response to Ms . Durfee' s question, Mr. Micas stated civil penalties are not effective in Chesterfield County. Ms. McGee stated Chesterfield County does not have the authority from the state to impose civil penalties. Mr. Gecker requested Ms. McGee get a revised draft out to the Board members a couple weeks prior to the next meeting. Mr. Holland expressed appreciation for the information presented to the Board by Ms. McGee. In response to Mr. Warren's question, Ms. McGee provided the Board with the total number of complaints received by the Police Department concerning music from vehicles. Major Leonard stated the Police Department still encourages the citizens to call the Police Department with noise complaints. On motion of Ms. Durfee, seconded by Mr. Holland, the Board deferred consideration of amendments to Sections 14-26 and 14-27 of the County Code regulating excessive noise to September 23, 2009. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 09-489 08/26/09 a,. 18.B. ACQUISITION OF WATER, TEMPORARY CONSTRUCTION AND DRAINAGE EASEMENTS FOR THE CONSTRUCTION OF THE TO CONSIDER THE EXERCISE OF EMINENT DOMAIN FOR THE SOUTHWEST CORRIDOR WATERLINE PROJECT - PHASE II, PART A Mr. Stith stated this date and time had been advertised 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. Darren Gardner, a Dale District resident, requested the Board use common sense before making a decision on eminent domain. Mr. Mike Schmidt stated he had met with Ms. Durfee, the Utilities Department and Right of Way and he still has questions which have not been answered regarding alternate options available to the county. He requested the Board to defer decision on this item. Mr. Covington provided background on the Southwest Corridor Waterline Project. He stated completion of the Southwest Corridor Waterline Project will allow the Utilities Department to assure that adequate water supplies and water pressures are delivered to current customers as well as future customers. He stated completion of the Phase II projects, which is the last phase, will increase the capacity from 67 million gallons per day to 92 million gallons per day, by installing larger lines which will not squeeze the ability to get the water where it needs to go. He further stated on any major line projects like the Southwest Corridor Waterline, the engineers evaluate numerous alignments to determine which one is the most cost effective and has the least impact on the fewest amount of residents in an established community. He stated six alignment alternatives have been evaluated for this project. He provided details of each alignment reviewed by the engineers. He stated all five of the cross country alignments ended up just west of the intersection of Winterpock and Beach Roads, to avoid a congested intersection. He further stated various cross country alignments that took the shortest distance from point A to point B, bisected existing properties. He stated the Utilities Department -feels it is more appropriate to follow an alignment that follows the perimeters of properties so the easement placement would not significantly affect existing properties. He provided the Board with the pros and cons of selected alignments. He stated the construction cost per foot for constructing through virgin soil is significantly cheaper than the construction cost per foot for following the roadway. He further stated the total construction cost for the shorter alignment is more expensive than the longer alignment due to the construction challenges associated with the shorter alignment. He provided the Board with details of the amount of easements needed for Phase I and the number that went through eminent domain. He stated the construction contract has been bid and awarded based on alignment A. J J J 09-490 08/26/09 In response to Mr. Gecker's questions, Mr. Covington stated going around Mr. Schmidt's property would add more linear feet to the project. He further stated the property where the proposed easement is located is wooded. He stated the county is willing to work with the contractor to minimize the impact on property and leave it as desirable as possible. He further stated Mr. Schmidt's property is approximately 7.5 acres. ^i- In response to Mr. Gecker's question, Mr. Harmon stated there is an existing 8-foot easement on the adjacent subdivision lot and a 20-foot permanent easement, and 20-foot temporary construction easement is proposed on Mr. Schmidt's property. He further stated from the edge of the 40-foot easement in its existing condition, Mr. Schmidt's house is not visible from the area that would-be cleared. He stated construction easements are normally graded and seeded once the construction is complete. He further stated trees are not normally replaced, but discussions have been held with Mr. Schmidt about the possibility of replacing some of the trees and/or reducing the temporary construction easement by 10 feet. He stated trees would not be replaced on the permanent easement. He further stated the adjacent property to Mr. Schmidt is partially wooded and partially driveway. Ms. Durfee stated several meetings have been held about this issue over the last couple of weeks. She further stated the county was able to deem the cost effectiveness of following the longer route for the alignment of the Southwest Corridor Waterline. The other issue is whether the waterline would go on the front or back of Mr. Schmidt's property. She stated Mr. Schmidt is willing to work with the Utilities Department if alignment was moved to the back of his property. In response to Ms. Durfee's question, Mr. Covington stated the Utilities Department will continue discussions with the contractor but taking the alignment to the back of Mr. Schmidt's property would bisect the adjoining property and will cause the Utilities Department to renegotiate an easement with that property owner and that they have indicated they would not sign the agreement. Ms. Durfee stated Mr. Schmidt's refusal to consider the proposed alignment is due to the alignment affecting the front of his property and he would prefer that it go on the back of his property. Mr. Covington stated the price of the alignment to go to the back of Mr. Schmidt's property is more expensive and would require an additional easement from the adjacent property owner, which would bisect that property. Ms. Durfee stated it was her understanding that there would be a potential option to place the waterline on the back of Mr. Schmidt's property. Mr. Covington stated the waterline can be placed at the rear of Mr. Schmidt's property but the adjacent property owner may not be willing to sign an easement which will bisect his property. In response to Ms. Durfee's questions, Mr. Bill Wright stated the location of the alignment as it runs diagonally through 09-491 08/26/09 the New Dawn property has been discussed with the property owner, who stated they would not grant the easement. He further stated the Utilities Department used that information and followed the property line for the alignment, which creates the least impact. He stated the property owner of the New Dawn property has granted an easement along the property line, not diagonally through the property. He further stated in order to use the alignment to the rear of Mr. Schmidt's property, a new easement would have to be granted by the New Dawn property owner. Ms. Durfee stated she is unclear with any issue with the easement diagonally crossing the New Dawn property to the rear of Mr. Schmidt's property. Mr. Wright stated the main issue with the realignment of the waterline is having the waterline redesigned and the additional expense involved with that. Mr. Warren stated the project needs to be done efficiently and correctly. He suggested deferring decision for 30 days. Ms. Durfee stated the cost effectiveness of the two proposed alignments had to be determined and an existing land owner suggested the waterline go to the rear of his property, were the two issues that had been raised. She further stated she is comfortable with deferring this request for 30 days. In response to Ms. Durfee's questions, Mr. Wright stated the contractor will place the waterline anywhere the Utilities Department tells them to, but the impact will be significant and the contractor is on the verge of losing his price guarantee for buying the pipe. Mr. Stith stated if the Utilities Department goes back to the New Dawn property owner, the county would be cutting across his property and could possibly render part of his property useless. Ms. Durfee stated the county has an existing landowner who wants to cooperate with the county and request the waterline be placed at the rear of his property instead of the front of his property. Mr. Stith stated cost not withstanding, the Utilities Department will bring back the alignments in 30 days along with the affects of each alignment. In response to Mr. Gecker's question, Mr. Wright stated the cost of delay without additional engineering would be approximately $43,000. He further stated it would be approximately $200,000 to $300,000 with all costs associated with a potential redesign of the waterline. He expressed concerns with opening up a redesign of the waterline due to having to take the design back to DEQ for re-approval. Mr. Gecker stated the new alignment would have a known cost of $43,500, assuming it could be done for no cost for reengineering. In response to Mr. Gecker's question, Mr. Wright stated if the alignment at the front of Mr. Schmidt's property is used, 09-492 08/26/09 J J J it will cross his driveway and restoration will be first class. U In response to Mr. Gecker's question, Mr. Micas stated any diagonal crossing of property subjects the county to greater risks for damages. Ms. Durfee stated she would prefer not to defer this item, but would like to keep the option of working with Mr. Schmidt on moving the alignment to the rear of his property. Mr. Wright stated the Utilities Department would follow the direction of the Board. He provided some of the issues which may arise if the alignment is moved through the New Dawn property. In response to,Mr. Warren's question, Mr. Wright stated the bid could be lost and a higher bid could be returned in the future . In response to Mr. Warren's questions, Mr. Covington stated a delay in completing the Southwest Corridor Waterline could potentially impact the Utilities Department's ability to provide water service and adequate water pressure to existing customers. He further stated not completing this waterline will add more stress to the waterline system. Ms. Durfee stated completing the Southwest Corridor Waterline project is not for more sprawl development but for sustainability of the current development. In response to Ms. Durfee's questions, Mr. Covington stated there will be an additional cost for realignment of the waterline and potential permitting challenges with the diagonal crossing of the New Dawn property. He further stated the realignment of the waterline would cause continued issues with eminent domain. Mr. Holland stated different scenarios have been discussed if the project is delayed and the Board must move with urgency. Mr. Gecker stated anytime eminent domain is used it must be taken seriously because property rights of property owners are affected. He further stated every question being asked has been answered adequately with regard to the reasons the alignment is being done the way it is. He stated to defer this request would not be prudent with regards to the taxpayers' funds. He requested the Utilities Department to replant trees on the abandoned construction easement once construction is complete. Mr. Warren stated the Board is tasked to_ make decisions based on what is in the best interest of the majority of citizens and delaying the Southwest Corridor Waterline Project could impact costs and the water supply system in the future. Ms. Jaeckle expressed concerns over the eminent domain and stated it is needed to install the public utilities through that area. She stated she hopes the Utilities Department can work with Mr. Schmidt to return the property to the pre- construction appearance. 09-493 08/26/09 Ms. Durfee requested the Utilities Department staff to work with Mr. Schmidt either on the route of the waterline through his property or to minimize the impact through the front of his property. On motion of Ms. Jaeckle, seconded by Mr. Warren, the Board authorized the County Attorney to proceed with 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 across the following properties: Vulcan Lands, Inc., 15801 Beach Road, PIN: 714659097300000 and 9601 Coalboro Road, PIN: 714659010100000; Charles W. Smith, Thomas J. Smith and Frances Smith Mann, 10201 Summit Road, PIN: 717656321900000; Kevin J. and Shannon J. Kirwan, 14651 Beach Road, PIN: 718656584800000; James E. and Betty N. Scholl, 11420 Winterpock Road, PIN: 719653135600000; Stacey C. and J. Michael Schmidt, 11611 Danforth Road, PIN: 720651720900000; and Anthony B. and Tammy J. Ratliff, 12005 Riverway Road, PIN: 726648198200000. And further, the Board authorized staff to enter and take such easements prior to eminent domain proceedings. (It is noted copies of the plats are filed with the papers of this Board.) Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 18.C. TO CONSIDER TEMPORARY REDUCTION TO PLANNING DEPARTMENT FEES FOR CERTAIN COMMERCIAL ACTIVITIES Mr. Glenn Larson stated this date and time had been advertised for the Board to consider a temporary reduction to Planning Department fees for certain commercial activities. In response to Mr. Gecker's question, Mr. Larson stated the total cost of the proposed reduction to Planning Department fees will be approximately $200,000 to $250,000. In response to Mr. Gecker's question, Mr. Carmody stated if the vote on the maximum cash proffer had gone the other way, it would have cost the county approximately $20,000. Mr. Warren called for public comment. Ms. Lineta Gilreth, President of the Chesterfield Chamber of Commerce and resident of the Dale District, read a prepared statement from Mr. Bob Schrum, Chairman of the Government Relations Committee of Chesterfield Chamber of Commerce, which was in support of the reduction in Planning Department fees for commercial development. Ms. Debbie Girvin, representing the Chesterfield Business Council of the Greater Richmond Chamber of Commerce, stated the fee holiday is viewed as a true sign that Chesterfield is open for business. Mr. James Shelton, a Midlothian District resident, suggested having a fee discount for developers to redevelop vacant commercial real estate. J J J 09-494 08/26/09 Mr. Freddie Bouisseau spoke in support of the fee reduction which will bring more business to the county. He questioned the dramatic amount the fee is proposed to be reduced by. r~ u Mr. Steve Harper, Executive Director of X-Zone a part of Lifespring Community, spoke in support of the fee reduction, which will assist non-profit programs push growth to positively affect the community. Mr. Jim Morris, a Dale District resident, spoke in support of the fee reduction, which will help the county compete with other localities. Mr. John Kline, a Chesterfield County business owner, spoke in support of the proposed fee reduction. Ms. Norma Szakal, a Clover Hill District resident, stated there are numerous vacant properties throughout the county and redevelopment needs encouragement. There being no one else to address the request, the public hearing was closed. Mr. Gecker stated the Planning Department fee reduction is a good investment to try to attract new business to the county. He further stated the fee reduction does apply to the redevelopment of older parcels in the county. Mr. Holland stated the fee reduction is a good move forward which applies to all new applications received by the Planning Department. He further stated the fee reduction will help with small business expansion in the county. Ms. Durfee expressed appreciation to Mr. Stegmaier and the Chesterfield Chamber of Commerce for communication to continually improve processes. Ms. Jaeckle expressed appreciation to the business community for their continued support. On motion of Mr. Gecker, seconded by Mr. warren, the Board adopted the following ordinance: AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING AND RE-ENACTING SECTION 19-25 OF THE ZONING ORDINANCE RELATING TO REDUCING FEES FOR CERTAIN COMMERCIAL ACTIVITIES BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Section 19-25 of the Code of the County of Chesterfield, 1997, as amended, is amended and re-enacted to read as follows: CHAPTER 19 ZONING Sec. 19-25. Fees. In addition to any other fees required by the county, fees shall be payable to the county treasurer and submitted 09-495 08/26/09 to the planning department upon filing the following applications: 0 0 0 (2) All fees provided for in this section shall be reduced to a $200 minimum fee for applications for commercial, office or industrial uses received from August 27, 2009 to June 30, 2010. Provided however, that any fee or fees that would exceed $8,200 for any such application or multiple applications for a single development opportunity shall pay the difference between $8,200 and the applicable fee plus $200. Under this provision only initial submissions shall be eligible for the reduction and any applications must be in conformance with the comprehensive plan. The following applications shall not be eligible for the reduction: 1) variances, 2) deferral requests, 3) remand requests, 4) appeals .of development standards waivers, 5) any use incidental to a principal dwelling unit or 6) family day care homes. (3) That this ordinance shall become effective immediately upon adoption and shall expire on June 30, 2010 at 5:00 p.m. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 18.D. TO CONSIDER AN ORDINANCE AMENDMENT RELATIVE TO PARKING REQUIREMENTS FOR BUSINESSES FROM THE HOME Mr. Clay stated this date and time has been advertised for the Board to consider an Ordinance amendment relative to parking requirements for businesses from the home. j Mr. Warren called for public comment. There being no one to address this request, the public hearing was closed. On motion of Mr. Holland, seconded by Mr. Gecker, the Board adopted the following ordinance amendment: AN ORDNANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING AND RE-ENACTING SECTIONS 19-510 AND 19-513 RELATING TO OFF- STREET PARKING FOR BUSINESSES OPERATED INCIDENTAL TO A DWELLING BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Sections 19-510 and 19-513 of the Code of the County of Chesterfield, 1997, as amended, are amended and re- enacted to read as follows: 0 0 0 Sec. 19-510. Restrictions and limitations - Agricultural, residential, residential townhouse, multi-family residential, manufactured homes. 0 0 0 J J J 09-496 08/26/09 (c) Except for the requirements of section 19-509(a), a business operated incidental to a dwelling shall not be subject to the parking requirements stated within this chapter. 0 0 0 ^~ C Sec. 19-513. Parking spaces required. Except as provided for in sections 19-510(c) or 19- 608(a), the minimum number of parking spaces to be provided for each use shall be as follows: (2) That this ordinance shall become effective immediately upon adoption. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 18.E. TO CONSIDER BOUNDARY CHANGES TO WATRINS CENTRE COMMUNITY DEVELOPMENT AUTHORITY Mr. Payne stated this date and time had been advertised for the Board to consider boundary changes to Watkins Centre Community Development Authority. Mr. Warren called for public comment. There being no on to address this request, the public hearing was closed. On motion of Mr. Gecker, seconded by Mr. Holland, the Board adopted the following ordinance: AN ORDINANCE AMENDING THE ORDINANCE CREATING THE WATKINS CENTRE COMMUNITY DEVELOPMENT AUTHORITY AND AMENDING THE ORDINANCE ESTABLISHING A SPECIAL ASSESSMENT IN THE COMMUNITY DEVELOPMENT AUTHORITY DISTRICT IN ORDER TO INCLUDE ADDITIONAL PROPERTY WITHIN THE DISTRICT WHEREAS, the Board of Supervisors of the County of Chesterfield, Virginia (the "County") authorized the creation of the Watkins Centre Community Development Authority (the "CDA") by ordinance entitled "An Ordinance to Amend the Code of the County of Chesterfield, 1997, as amended, by adding Chapter 9, Article XVI, Sections 9-219, 9-220, 9-221, 9-222, 9-223, 9-224, 9-225 and 9-226 Creating the Watkins Centre Community Development Authority," adopted August 23, 2006 and previously amended on March 14, 2007 (the "Ordinance"); and WHEREAS, the Board of Supervisors approved the levy of a special assessment on real property in the CDA by ordinance entitled "Ordinance Establishing a Special Assessment for the Watkins Centre Community Development Authority and Authorizing a Memorandum of Understanding with the Community Development Authority," adopted January 24, 2007 and previously amended on March 14, 2007 (the "Assessment Ordinance"); and WHEREAS, Watkins Land, L.L.C., as the owner of a majority of land in the CDA (the "Landowner") submitted a 09-497 08/26/09 Petition, dated July 19, 2006 (the "Petition") requesting the Board of Supervisors to create the CDA; and WHEREAS, the Landowner has submitted an Addendum to Petition requesting that certain tax parcels be added to the CDA district; and WHEREAS, a public hearing has been held on August 26, 2009 by the Board of Supervisors on the adoption of this Ordinance and notice has been duly published in accordance with the requirements of §§15.2-5104 and 15.2-5156 of the Code of Virginia of 1950, as amended; NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of the County of Chesterfield, Virginia as follows: 1. Amendment of is amended 710-1707, "Additional by adding consisting Parcels"), Ordinance. Exhibit A of the Ordinance Tax Map Parcels 716-710-1325 and 716- of approximately 2.385 acres (the to the CDA district. 2. Amendment to Articles of Incorporation. The County Administrator is authorized and directed to execute and file an appropriate amendment to the Articles of Incorporation for the CDA with the State Corporation Commission to reflect the addition of the Additional Parcels to the CDA district. 3. Recordation of Ordinance. In accordance with Section 15.2-5157 of the Act, a copy of this Ordinance shall be recorded in the land records of the Clerk' s Office of the Circuit Court of the County of Chesterfield for each the Additional Parcels and the addition of the Additional Parcels to the CDA District shall be noted on the land records of the County. 4. Amendment of Assessment Ordinance. The Assessment Ordinance, pursuant to which a special assessment was imposed on real property within the CDA district is hereby amended to provide that the Additional Parcels shall be subject to such special assessment and a portion of such special assessment shall be apportioned to the Additional Parcels as set forth in the Amended Assessment Roll to be attached to the Rate and Method of Apportionment of Special Assessment. The County Administrator and such officers and agents of the County as he may designate are authorized and directed to execute and deliver such documents, agreements and certificates as may be necessary to carry out the purposes of this Ordinance. 5. Effective Date. This Ordinance shall take effect immediately upon its adoption. Adopted at a regular meeting of the Board of Supervisors of the County of Chesterfield, Virginia, held on August 26, 2009. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. J J J 09-498 08/26/09 18.F. TO CONSIDER AN ORDINANCE AMENDMENT RELATIVE TO MASS GRADING IN THE UPPER SWIFT CREEK WATERSHED Mr. Micas stated this date and time had been advertised for the Board to consider an ordinance amendment relative to mass grading in the Upper Swift Creek watershed. He provided the Board with information on the consequences of mass grading on the environment and benefits of the mass grading ordinance on the environment. He stated the Planning Commission reviewed some of the other recent initiatives which have the same effect of discouraging the loss of soil and trees. He further stated when the Planning Commission reviewed the mass grading ordinances some of the concerns expressed was that the ordinance would create enforcement problems, a greater expense, additional inspections and additional delays in the permitting process. He stated the Planning Commission and staff recommended not adopting the mass grading ordinance. Mr. Warren called for public comment. Mr. James Shelton, a Chesterfield County resident, spoke in support of the mass grading ordinance. Ms. Norma Szakal, a Chesterfield County resident, spoke in support of the mass grading ordinance. Ms. Betty Hunter-Clapp, a Clover Hill District resident, inquired why the Planning Commission did not create a mass grading ordinance which would work. There being no one else to address this request, the public hearing was closed. Ms. Durfee stated while the Planning Commission reviewed the mass grading ordinance their attention was focused on the tree preservation ordinance. She further stated although the tree preservation and mass grading ordinances are intertwined they are two different concepts. She stated communities can be successful in conserving open space and achieve their development objectives. She further stated the Brandermill and Woodlake communities were designed with varying size lots and were able to keep the .trees. She stated she would like the Planning Commission to spend more time focused on the mass grading ordinance. She further stated the Comprehensive Plan process is a great opportunity for the county to understand the mass grading concepts and the impact they have on different areas throughout the county. She stated she would like the mass grading ordinance to apply to the entire county not just the Upper Swift Creek watershed. She further stated the root of the environmental problem is the understanding of what we are doing with our soils and streams. She stated she would like to make a motion to move this item back to the Planning Commission. Mr. Micas recommended the Board move not to adopt the current ordinance and request the Planning Commission to place it on their work agenda. Ms. Durfee stated she could make that motion, but wanted to hear from the other Board members before doing so. 09-499 08/26/09 Mr. Gecker stated the mass grading ordinance is not ready to be adopted at this point and he would prefer to defer the ordinance and keep it at the Board level. He further stated the Board could work with staff, review the ordinance fairly quickly and make a decision on it. He stated a commercial component needs to be incorporated into the ordinance along with the residential component. a Ms. Durfee expressed concerns with the length of time the mass grading ordinance was with the Planning Commission. She stated she would prefer the Board to move to deny the proposed mass grading ordinance and possibly formulate a committee to work in conjunction with the Comprehensive Plan Steering Committee as they are studying the environmental issues. Mr. Gecker stated he does not agree with linking the mass grading ordinance in with the Comprehensive Plan Steering Committee due to the many different directions they will be working on items. He further stated he would like the Board to defer the mass grading ordinance for a period of months to allow time to work with staff to come up with a .different proposal. Mr. Micas stated the Board can defer the mass grading ordinance for any amount of time. In response to Mr. Gecker's question, Mr. Micas stated the Board may or may not have to readvertise the mass grading ordinance if it was deferred. Mr. Gecker stated it is important to address the mass grading ordinance and if it is sent to the Planning Commission to place on their work program, it could take a long time to have it back before the Board. Ms. Durfee stated a committee could work with staff at the Board level, but there could also be information brought to the Board through the Comprehensive Plan Steering Committee and not necessarily wait for them to finish their work. She further stated she would be willing to make a motion for the Board to deny the proposed mass grading ordinance. In response to Mr. Gecker's question, Ms. Durfee stated she would not consider deferring the proposed mass grading ordinance to allow it to be kept alive on the Board's agenda. Mr. Gecker expressed concerns relative to denying the mass grading ordinance and the amount of time before it is placed back on the Board's agenda. In response to Ms. Durfee's and Mr. Gecker's questions, Mr. Micas stated the Board can have two motions, one to deny the current ordinance and a second motion to send it to the Planning Commission or the Board can defer the current ordinance to a date certain. Ms. Durfee stated the Planning Commission forwarded the mass grading ordinance to the Board with a recommendation to not adopt the ordinance without valid reasons for the recommendation. She further stated she preferred to deny the current ordinance which will give a fresh perspective where the Board can direct staff on a new mass grading ordinance. 09-500 08/26/09 J J J In response to Mr. Gecker's questions, Mr. Micas stated if the current ordinance is denied, a new ordinance would be required to go through the Planning Commission process. C Mr. Gecker stated if the Board denies the current mass grading ordinance it will be required to go through the entire Planning Commission process, which will delay having another mass grading ordinance back to the Board. Mr. Warren called for a second on the motion made by Ms. Durfee, for the Board to deny the ordinance amendment relative to mass grading in the Upper Swift Creek watershed, for the purpose to expedite a review of a better approach to protecting the watershed through a more specific mass grading ordinance. Mr. Holland seconded the motion. Mr. Warren called for a vote on the motion of Ms. Durfee, seconded by Mr. Holland, for the Board to deny the ordinance amendment relative to mass grading in the Upper Swift Creek watershed. Ayes: Warren, Holland, and Durfee. Nays: Gecker and Jaeckle. 18.G. TO CONSIDER AMENDING SECTION 13-71 OF THE COUNTY CODE RELATING TO REIMBURSEMENT OF EXPENSES INCURRED IN RESPONDING TO DUI AND RELATED INCIDENTS Ms. McGee stated this date and time had been advertised for the Board to consider amending Section 13-71 of the County Code relating to reimbursement of expenses incurred in responding to DUI and related incidents. Mr. Warren called for public comment. There being no one to address this request, the public hearing was closed. On motion of Mr. Gecker, seconded by Mr. Warren, the Board adopted the following ordinance: AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED,- BY AMENDING AND RE-ENACTING SECTION 13-71 RELATING TO REIMBURSEMENT OF EXPENSES INCURRED IN RESPONDING TO DUI AND OTHER TRAFFIC ACCIDENTS OR INCIDENTS u BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Section 13-71 of the Code of the County of Chesterfield, 1997, as amended, is amended and re-enacted to read as follows: Sec. 13-71. Reimbursement of expenses incurred in responding to DUI and other traffic accidents or incidents. (a) A person convicted of violating any of the following provisions shall at the time of sentencing or in a 09-501 08/26/09 separate civil action be liable for restitution of reasonable expenses incurred by the county or by any volunteer fire or rescue squad, or any combination thereof, when providing an appropriate emergency response to any accident or incident related to such violation or when issuing any related arrest warrant or summons. Personal liability under this section for reasonable expenses of an appropriate emergency response shall not exceed $1,000.00 in the aggregate for a particular accident, arrest or incident occurring in the county: (1) The provisions of Code of Virginia, §§ 18.2-51.4, 18.2-266 or 29.1-738, as amended, or a similar county ordinance, when such operation of a motor vehicle, engine, train or watercraft while so impaired is the proximate cause of the accident or incident; (2) The provisions of Code. of Virginia, tit. 46.2, ch. 8, art. 7 (§§ 46.2-852 et seq.), as amended, relating to reckless driving, when such reckless driving is the proximate cause of the accident or incident; and (3) The provisions of Code of Virginia, § 46.2-894, as amended, relating to improperly leaving the scene of an accident. (b) In determining "reasonable expenses", the county may',, bill a flat fee of $250.00 or a minute-by-minute accounting of the actual costs incurred. As used in this section "appropriate emergency response" includes all costs of providing law-enforcement, fire-fighting, rescue, and emergency medical services. The court may order as restitution the reasonable expenses incurred by the county for fire-fighting, rescue and emergency medical services. (c) The police department shall compile a report of the reasonable expenses of the appropriate emergency response for each accident, arrest warrant, summons or incident and forward that information to the county attorney's office or the accounting department for appropriate proceedings. The fire department shall have the same reporting requirements except for accidents, arrest warrants, summonses or incidents for which restitution is sought in the underlying criminal case. (2) That this ordinance shall become effective immediately upon adoption. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 18.H. TO CONSIDER THE EXERCISE OF EMINENT DOMAIN FOR THE ACQUISITION OF RIGHT OF WAY ALONG JESSUP ROAD Mr. Stith stated this date and time had been advertised for the Board to consider the exercise of eminent domain for the acquisition of right of way along Jessup Road. J J J 09-502 08/26/09 Mr. Warren called for public comment. Mr. Justin Horne requested the Board approve this item. There being no one else to address the request, the public hearing was closed. On motion of Mr. Holland, seconded by Mr. Warren, the Board accepted the conveyance of an undivided one-half interest and authorized the County Attorney to proceed with eminent domain for the remaining one-half interest in right of way along Jessup Road and to enter and take such land prior to eminent domain proceedings. 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 10:36 p.m. to September 14, 2009 at 1:00 p.m. at the Kelly Miller Meeting Room at the Meadowdale Library for a joint meeting of the Board of Supervisors and School Board. ^i Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. J mes J. Stegm er ount Administrator ~,~ "'/ Arthur S. Warren Chairman 09-503 08/26/09