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2009-09-23 MinutesBOARD OF SUPERVISORS MINUTES September 23, 2009 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: Mr. Mike Bacile, Dir., Purchasing Mr. Jim Banks, Asst. Dir., Transportation Ms. Janice Blakley, Clerk to the Board Mr. Kevin Bruny Chief Learning Officer Mr. Allan Carmody, Dir., Budget and Management Ms. Jana Carter, Dir., Juvenile Services Ms. Marilyn Cole, Asst. County Administrator Mr. Barry Condrey, Chief Information Officer Mr. Roy Covington, Dir., Utilities Mr. William W. Davenport, Commonwealth's Attorney Mr. Will Davis, Dir., Economic Development Mr. William Dupler, Building Official Colonel Thierry Dupuis, Police Department Ms. Karla Gerner, Dir., Human Resource Management Mr. John W. Harmon, Real Property Manager 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. Mike Mabe, Dir., Libraries Mr. Richard M. McElfish, Dir., Env. Engineering Mr. Steven L. Micas, County Attorney Mr. Jay Payne, Asst. to Dep. County Administrator Sheriff Dennis Proffitt, .Sheriff's Department Chief Edward Senter, Fire Department Ms. Sarah Snead, Acting Deputy County Admin., Human Services 09-518 09/23/09 Mr. M. D. Stith, Jr., Deputy County Admin., Community Development Mr. Thomas Taylor, Dir., Block Grant Office Mr. Kirk Turner, Dir., Planning Mr. Warren called the regularly scheduled meeting to order at 3:08 p.m. 1. APPROVAL OF MINUTES FOR AUGUST 26, 2009 Mr. Holland requested that his comments regarding Ms. Durfee appearing in the Richmond Magazine be inserted in the Board Report section of the minutes. On motion of Mr. Holland, seconded by Ms. Durfee, the Board approved the minutes for August 26, 2009, as amended. 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 regarding the Midlothian Streetscape Project, baseball returning to the Diamond, and the Meadowville Interchange Project. Mr. Stith made a presentation to the Board regarding the presence of Hydrilla in the Swift Creek Reservoir and the county's efforts to reach a solution. In response to Ms. Durfee's question, Mr. Stith stated there is no explanation as to why the Hydrilla started near Tomahawk Creek. In response to Mr. Warren's question, Mr. Stith stated although the Hydrilla outbreak is the worst it has been in recent years, there is no negative impact on the drinking water supply. 2.B. VIRGINIA'S GATEWAY REGION PRESENTATION Ms. Renee Wyatt-Chapline, Executive Director for Virginia's Gateway Region, provided an update to the Board on activities of the regional economic development organization which serves the cities of Colonial Heights, Hopewell and Petersburg, and the counties of Chesterfield, Dinwiddie, Prince George, Surry and Sussex. NOTE: Ms. Durfee requested the mass grading ordinance be added to the County Administrator's Report for periodic updates to the Board. 09-519 09/23/09 J J J 3. BOARD MEMBER REPORTS ^i ~~ Mr. Holland stated a Comprehensive Plan meeting was held in the Dale District and approximately 40 citizens attended to receive and give input on the future of Chesterfield County. He further. stated the meeting was very positive.. He commended the consultants and staff on the excellent job done at the meeting. He further stated the Board values the input of citizens. Mr. Warren stated a Comprehensive Plan meeting will be held in each district. Ms. Jaeckle stated the Bermuda District Comprehensive Plan meeting is scheduled for September 24, 2009, at 6:30 p.m. at Curtis Elementary. Mr. Gecker stated a Midlothian District constituent meeting is scheduled for September 26, 2009 and the Midlothian District Comprehensive Plan meeting is scheduled for October 1, 2009, at 6:30 p.m. at Midlothian High School. Ms. Durfee stated the Matoaca District has two Comprehensive Plan meetings scheduled, October 5, 2009, at '6:30 p.m. at Matoaca High School and October 6, 2009, at 6:30 p.m. at Bailey Bridge Middle School. - Mr. Warren stated the Clover Hill District Comprehensive Plan meeting is scheduled for September 29, 2009, at 6:30 p.m. at Monacan High School. 4. REQUESTS TO POSTPONE AGENDA DELETIONS OR CHANGES IN THE Mr. Gecker suggested holding a noise ordinance to discuss prod drafted and distributed prior evening. ITEMS AND ADDITIONS, ORDER OF PRESENTATION Work Session on the proposed osed changes and to have them to the public hearing this On motion of Mr. Gecker, seconded by Ms. Durfee, the Board deleted Item 8.C.16.a., Accept and Appropriate the Award from the United States Department of Justice, Office of Justice Programs, FY2009 Drug Court Discretionary Grant Program, and added Item 6.C., Work Session on the Noise Ordinance. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 5. RESOLUTIONS S.A. RECOGNIZING MR. JEFFERY SWANSON FOR HIS OUTSTANDING PROFESSIONAL ACHIEVEMENTS Mr. Kappel introduced Mr. Jeffery Swanson, who was present, along with his wife, to receive the resolution. On motion of Ms. Durfee, seconded by Mr. Holland, the Board adopted the following resolution: WHEREAS, Mr. Jeffery Swanson formed Total Insurance Planning, LLC, in 2004; and 09-520 09/23/09 WHEREAS, the agency serves auto, home and business insurance needs in Chesterfield, Henrico, Powhatan and Hanover counties; and WHEREAS, Mr. Swanson recently was honored by the Society of Certified Insurance Counselors for his 20 years of participation in the Certified Insurance Counselors program; and WHEREAS, participants in the Certified Insurance Counselors program must complete five required courses and accompanying examinations; and WHEREAS, in order to maintain his status as a Certified Insurance Counselor, Mr. Swanson was required to complete an update annually; and WHEREAS, by acquiring and maintaining the Certified Insurance Counselor status, Mr. Swanson has committed himself to providing the highest level of professional service to his clients; and WHEREAS, Mr. Swanson and his associates at Total Insurance Planning, LLC, provide their clients with important products and services that provide security and peace of mind; and WHEREAS, Mr. Swanson's professional diligence in maintaining his certification for 20 years is worthy of recognition. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 23rd day of September 2009, publicly recognizes the outstanding professional achievements of Mr. Jeffery Swanson, thanks him for his commitment to providing excellent service to his clients, and extends best wishes for continued success. AND, BE IT FURTHER RESOLVED that a copy of this resolution be presented to Mr. Swanson and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None . Mr. Warren presented the executed resolution to Mr. Swanson and expressed appreciation for the work he has done for the citizens of Chesterfield County. Ms. Durfee expressed appreciation for the work Mr. Swanson has done for Chesterfield County. Mr. Swanson expressed appreciation for the recognition of the Board and for the support of his wife. 5.B. RECOGNIZING SENIOR BATTALION CHIEF RICHARD LEE BUCHER, FIRE AND EMERGENCY MEDICAL SERVICES DEPARTMENT, UPON HIS RETIREMENT Chief Senter introduced Senior Battalion Chief Richard Lee Bucher, who was present to receive the resolution. J J J 09-521 09/23/09 On motion of Ms. Durfee, seconded by Mr. Holland, the Board adopted the following resolution: u WHEREAS, Senior .Battalion Chief Richard Lee Bucher will retire from the Chesterfield Fire and Emergency Medical Services Department, Chesterfield County, on October 1, 2009; and WHEREAS, Chief Bucher attended Recruit School #3 in September of 1973; Truck School #1 also conducted in 1973; and is the last active member of these schools; and WHEREAS, Chief Bucher has faithfully served the county for 36 years in various assignments as both an operational and as a staff officer; beginning his career as a volunteer firefighter with Bon Air Fire Station; career firefighter (1973), Sergeant (1977), Lieutenant (1981), Captain (1984), Battalion Chief (1988), Senior Battalion Chief (1995), Division Commander (2008) and retiring as a Shift Commander; and further recognized as the longest serving career member in the history of Chesterfield Fire and EMS; and WHEREAS, Chief Bucher served as the Director of Maintenance and Logistics and the Training and Safety Divisions, extensively working to hire firefighters, developing and conducting promotional processes, and ensuring fire officer development; and WHEREAS, Chief Bucher was a founding member of the Scuba Rescue Team; and WHEREAS, Chief Bucher was recognized as an effective team member at many emergency scenes, including key tactical and command positions at numerous fires that resulted in lives being saved and reduction of property loss; among the most memorable are serving with the U.S. Forest Service battling a 50,300-acre fire in Northern California; the Crash of Air Florida Flight 90 into the Potomac River; the DuPont Nylon Plant fire; and Tropical Storm Gaston; and WHEREAS, Chief Bucher is an advocate of higher education for members of the fire service as well as a proponent of life-long learning, a role model in this area himself by obtaining an Associates Degree in Fire Science (1977); a Bachelors Degree in Fire Administration (1990); a Masters Degree in Human Resource Management (2005); and currently completing a Masters Degree in Divinity. WHEREAS, as a United Methodist pastor, Chief Bucher serves as a Chaplain in the department, as well as a mentor and coach to many members of Chesterfield Fire and EMS; and WHEREAS, the Chesterfield County Board of Supervisors wishes God's blessing upon him as he begins to serve the people of Powhatan County, Virginia as the Chief of Fire and EMS. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors publicly recognizes the contributions of Chief Richard Lee Bucher, expresses the appreciation of all residents for his service to the county, and extends their appreciation for his dedicated service and congratulations upon his retirement. 09-522 09/23/09 AND, BE IT FURTHUR RESOLVED that a copy of this resolution be presented to Chief Bucher, and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. Mr. Holland presented the executed resolution and expressed appreciation to Mr. Bucher for his dedication to Chesterfield County. Mr. Stegmaier expressed appreciation for Mr. Bucher's dedication to the citizens of Chesterfield County and presented him with the county watch and acrylic statue. Mr. Bucher expressed appreciation for his wife's support and for the opportunity to have worked for Chesterfield County. RECOGNITION OF COUNTY ADMINISTRATOR FOR 30 YEARS OF SERVICE Mr. Warren presented Mr. Stegmaier with a Certificate of Appreciation for 30 Years of Service to Chesterfield County. Mr. Stegmaier expressed appreciation for the recognition and for the dedication of the county's elected officials. 6. WORK SESSIONS 6.A. PROACTIVE INSPECTIONS AND PROPOSED RENTAL HOUSING ORDINANCE Mr. Dupler provided a summary of the work performed with the proactive inspections throughout the county and the proposed rental housing ordinance. He stated the goal of the proactive inspections is to sustain and maintain the health and viability of the county's communities. He further stated in the past the inspections were complaint driven. He stated proactive inspections also include looking for the major zoning violations. He further stated the pilot program for the proactive inspections was successful with the majority of the homeowners correcting the problems. He stated many positive comments have been received from citizens on the proactive inspections. He further stated the purpose of the proposed. rental inspection ordinance is to protect the health and safety of the occupants. He stated subdivisions or neighborhoods targeted for inspections must be designated in the ordinance. He further stated the application of the ordinance could be limited to the exterior of a dwelling. He stated the rental homes are only required to be maintained at the standard of when they were built and only required to retrofit smoke detectors. He provided details of the certificate program with the proposed rental inspection ordinance. In response to Ms. Jaeckle's questions, Mr. Dupler stated the Proactive Inspection Program includes both property maintenance provisions and zoning violations. He further stated the current ordinance and policy allows proactive inspections of owner-occupied and rental properties. J J J 09-523 09/23/09 In response to Mr. Warren's question, Mr. Dupler stated it would take staff approximately four to five years to complete proactive exterior inspections of every residence in the county. C+~ In response to Ms. Durfee's question, Mr. Dupler stated staff does not anticipate facing the circumstances such as financial or disability which would prevent the homeowner from being able to address the concerns pointed out by the inspectors because there is an income stream associated with rental housing. He further stated the county is flexible in working with the homeowners and have met with the Sustain Our Communities Committee about options available to homeowners. Ms. Durfee stated many community managers need to address issues where the development is 20-plus years old. In response to Ms. Durfee's question, Mr. Dupler stated staff attempts to meet with the Board of Directors for every community which has been selected for proactive inspections. He further stated the larger communities such as Brandermill and Woodlake have their own .programs and maintenance processes. Mr. Holland expressed appreciation for staff's work on the ordinance. He stated this is an excellent opportunity to seize the moment and with building construction down significantly the county will be able to ensure the units in place are being taken care of. In response to Mr. Holland's question, Mr. Dupler stated the response from the homeowners of the rental homes has been very positive. In response to Ms. Jaeckle's questions, Mr. Dupler provided details of the process for the proactive inspection program. He stated if the resident does not correct the listed violations or ask for an extension then a more formal process would begin. He further stated at the time of the public hearing, staff will be able to provide specific results on the compliance numbers achieved in the neighborhoods with the proactive inspection program. He stated if the Board chooses not to move forward with the rental interior inspection program, those resources would be used to increase the proactive inspection efforts. Ms. Jaeckle stated the exterior part of the inspection program is excellent and has received positive feedback on it. She further stated the interiors of properties are more of a relationship between the landlord and the tenant, with both parties contributing to the condition it may be in. In response to Mr. Warren's questions, Mr. Dupler stated staff contacts the homeowners' associations for communities in which they are about to enter. He further stated staff has been receiving positive feedback on the inspection programs. Mr. Warren stated beauty is in the eye of the beholder and the county needs to ensure citizen's expectations are realistic. 09-524 09/23/09 In response to Mr. Warren's question, Mr. Dupler stated staff notifies citizens of what the maintenance code and zoning ordinance requires for residential properties. He further stated staff attempts to not leave citizens with false hopes on what will be addressed. Ms. Durfee stated the rental inspection program would provide another means for citizens to ensure their neighborhoods are kept up. Ms. Jaeckle stated she would like to see exterior inspections go through even though there is opposition to the interior inspections. She expressed concerns with the possible citizen perception that because building permits are down and the county needed something to do with these employees as the reason the rental inspection program was passed. 6.B. DEPARTMENT OF SOCIAL SERVICES PERMANENCY SERVICES Ms. Jaeckle stated as a member of the Social Services Board she requested this presentation to provide information on the Social Services Permanency Services program. She further stated the county's permanency rates are higher than the average and the foster care program is an excellent program. Ms. Snead introduced Dr. Suzanne Fountain, the Assistant Director for Social Work for the Department of Social Services. Dr. Fountain provided details of the Department of Social Services permanency services. She stated the primary function of the permanency teams is to serve children in Chesterfield and Colonial Heights who have to be separated from their families with the goal of ensuring permanent arrangements, whether it is return home, placement with relatives or adoption. She further stated in support of the foster care and adoption efforts, the teams recruit and train foster and adoptive parents. She stated the children services system transformation was triggered by a combination of concerns - poor permanency outcomes for older youth and the escalating costs for services in foster care. She provided an overview of how the foster care system operates. She stated permanency services are governed by detailed federal and state regulations, which are prescribed under the Adoption and Safe Families Act. She further stated over the past year, the number of children in the system have been steadily decreasing. She provided a breakdown of the ages, race and sex of the children receiving services. She stated the commitment and professionalism of staff on the permanency teams ensure the successes that reflect positively on the county. In response to Ms. Jaeckle's question, Dr. Fountain stated the decline in the number of children in foster care is due to less children coming into the system and the increase of permanent placement of children that are in the system. 6.C. NOISE ORDINANCE Ms. McGee provided a summary of the proposed ordinance regulating excessive noise in the county. She reviewed the J J J 09-525 09/23/09 proposed changes to the ordinance. She stated staff recommends approval of the proposed ordinance. 0 Mr. Gecker stated he would like to work through the proposed changes of the noise ordinance and receive the changes in a written format at the evening session. He expressed concerns relative to the audible standard as opposed to the more common and judicially recognized plainly audible; the farm animal exception applying to all zoning districts; and barking dog restriction between the hours of 10:00 p.m. and 7:00 a.m. In response to Mr. Gecker, Ms. McGee stated if a dog barks once between the hours of 10:00 p.m. and 7:00 a.m. it would be a violation. Mr. Gecker stated he has a policy issue with a single bark being a violation of the noise ordinance. He suggested the Board address whether the continuous barking should be the standard between 10:00 p.m. and 7:00 a.m. and whether it should be the standard during the day as well. He further suggested removing Subsection D and Subsection F, which are rarely enforced. In response to Mr. Gecker's concern, Captain Stone stated he was not personally aware of any situation in .which Subsections D or F have been enforced. Mr. Micas stated Subsection F was brought from old fashioned city ordinances and staff does not object to removing it from the ordinance. In response to Mr. Gecker's question, Mr. Micas stated staff is comfortable with either the audible or plainly audible standard. He further stated he does not feel the audible standard is unconstitutionally vague. Ms. Jaeckle expressed concerns relative to the requirement concerning the dogs barking for 10 minutes. She stated if the dog owner is away from the home and the dogs are barking for 10 minutes a summons can be issued. Ms. McGee stated she consulted Animal Control and the Police Department while reviewing the dog barking standard. She further stated the vast majority of the complaints were resolved without a ticket being written. Ms. Jaeckle stated she is concerned about neighbors going against neighbors and tying up the police with dog barking complaints. In response to Mr. Warren's question, Ms. McGee stated out of 1,250 barking dog complaints in Chesterfield County in 2008, only 3 summonses were written. Mr. Micas stated staff will prepare another version of the proposed noise ordinance which will include the changes suggested by the Board. In response to Ms. Durfee's question, Ms. McGee stated vehicles driven on the road are regulated by the motor vehicle code and are required to have a working muffler and 09-526 09/23/09 if they do not then they can be cited by the Police Department for faulty equipment. Ms. Durfee stated there are instances where dirt bikes are driven on the roads and common areas in subdivisions. In response to Ms. Durfee's concern, Ms. McGee stated between the hours of 10:00 p.m. and 7:00 a.m. there is not supposed to be any barking at all. Ms. Durfee inquired whether a time limitation should be placed on dogs barking. In response to Ms. Durfee's question, Ms. McGee stated if a goat is owned in a residential district without a conditional use this it would be a zoning violation. She further stated if no complaints are received on the goat in a residential district, then they may exist. Discussion ensued relative to the time limitation in the ordinance on barking dogs. 7. DEFERRED ITEMS 7.A. REQUEST TO VACATE A PORTION OF A FIFTY-FOOT RIGHT OF WAY OFF WINTERPOCK ROAD 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 spoken with Mr. Mattox and he is in support of the request. On motion of Ms. Durfee, seconded by Mr. Holland, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute quitclaim deeds to vacate a portion of a 50-foot right of way off Winterpock Road. (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. NEW BUSINESS 8.A. APPOINTMENTS On motion of Mr. Gecker, seconded by Mr. Holland, the Board suspended its rules to allow simultaneous nomination/ appointment/reappointment of members to serve on various Boards and Commissions. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. J J J 09-527 09/23/09 8.A.1. VIRGINIA'S GATEWAY REGION BOARD u ^+1- u On motion of Mr. Gecker, seconded by Ms. Durfee, the Board simultaneously nominated/reappointed Mr. Gary Thomson and Ms. Dorothy Jaeckle to serve on Virginia's Gateway Region Board, whose terms shall be effective October 1, 2009 and expire December 31, 2010. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 8.A.2. CAMP BAKER MANAGEMENT BOARD On motion of Mr. Holland, seconded by Ms. Durfee, the Board simultaneously nominated/appointed Mr. William "Ed" Nicely to serve on the Camp Baker Management Board, whose term is effective August 1, 2009 through April 30, 2012. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 8.A.3. COMMUNITY CRIMINAL JUSTICE BOARD On motion of Ms. Durfee, seconded by Mr. Holland, the Board simultaneously nominated/appointed Mr. Randy Rowlett, to serve on the Community Criminal Justice Board, whose term is effective immediately and expires on June 30, 2011. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 8.A.4. SAFE BOARD OF DIRECTORS On motion of Mr. warren, seconded by Mr. Holland, the Board simultaneously nominated/reappointed Dr. Bancroft Greene, representing the Clover Hill district, to serve on the SAFE Board of Directors, whose term shall begin on November 1, 2009 and expire October 31, 2012. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 8.A.5. PETERSBURG AREA REGIONAL TOURISM CORPORATION On motion of Ms. Durfee, seconded by Mr. Holland, the Board simultaneously nominated/appointed Mr. Chris Andreano to serve as the at-large representative on the Petersburg Area Regional Tourism Corporation, whose term shall be effective immediately and expire June 30, 2012. Ayes: Nays: Warren, Gecker, Jaeckle, Holland, and Durfee. None. 09-528 09/23/09 8.B. STREETLIGHT INSTALLATION COST APPROVALS On motion of Ms. Jaeckle, seconded by Mr. Gecker, the Board approved the following streetlight installation: BERMUDA DISTRICT: • In the Walthall Ridge subdivision: Walthall Ridge Drive, in the vicinity of 400/406 Cost to install streetlight: $1,289.51 Walthall Crest Court, in the vicinity of 412/418 Cost to install streetlight: $1,289.51 Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. Mr. Gecker expressed concerns relative to the streetlight installation cost approval of a privately owned light on private property, which would transfer the operational cost to the county. In response to Ms. Durfee's question, Mr. Stith stated the county has accepted privately owned lights into the county system but it is not done often. In response to Ms. Durfee's question, Mr. McElfish stated he is unsure of the exact location of the adjacent streetlights to this request. He provided details of what would be done with the light to be placed into the county system if the request was approved. Mr. Gecker stated the request is to relieve the church from the monthly billing for these fixtures. Mr. Stith stated as long as the light fixture is turned inward it only serves the church. In response to Mr. Gecker's question, Mr. Stith stated this request does not meet the other criteria of the streetlight policy. Mr. Holland suggested a review of the streetlight policy. On motion of Ms. Durfee, seconded by Mr. Holland, the Board deferred the following streetlight installation to October 28, 2009: MATOACA DISTRICT: • On Church Road, in the vicinity of 19111, on the south side of the Union Grove Baptist Church, incorporate an existing private light into the county streetlight program. Cost to remove the existing light from current private billing, transfer monthly billing to the county and perform necessary fixture upgrades: $829.49 Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. J J J 09-529 09/23/09 8.C. CONSENT ITEMS U C 8.C.1. ADOPTION OF RESOLUTIONS 8.C.i.a. RECOGNIZING OCTOBER 4-10, 2009, AS "PARALEGALS' WEEK" IN CHESTERFIELD COUNTY On motion of Mr. Gecker, seconded by Mr. Holland, the Board adopted the following resolution: WHEREAS, legal assistants and paralegals provide skilled and essential professional services to licensed attorneys throughout Virginia; and WHEREAS, legal assistants and paralegals receive formal education and training and gain valuable experience working under the supervision of licensed attorneys; and WHEREAS, the Virginia Alliance of Paralegals Associations (NAPA) issues educational standards and professional guidelines to ensure that legal assistants are competent and knowledgeable about their field; and WHEREAS, the research and administrative work performed by legal assistants and paralegals are essential to the ability of attorneys to provide their clients with quality legal services and representation; and WHEREAS, NAPA member organizations sponsor educational programs, seminars and forums designed to bring legal assistants together to exchange ideas and methods used in their occupation; and WHEREAS, the NAPA encourages legal assistants and paralegals to adhere to a high degree of ethical and professional conduct and proficiency by issuing a code of ethics for legal assistants and paralegals to practice. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes October 4-10, 2009, as "Paralegals' Week" in Chesterfield County and calls its significance to the attention of all its citizens. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 8.C.l.b. RECOGNIZING CAPTAIN DAVID L. DANIELS, FIRE AND EMERGENCY MEDICAL SERVICES DEPARTMENT, UPON HIS RETIREMENT On motion of Mr. Gecker, seconded by Mr. Holland, the Board adopted the following resolution: WHEREAS, Captain David L. Daniels retired from the Chesterfield County Fire and Emergency Medical Services Department on September 1, 2009; and WHEREAS, Captain Daniels attended Recruit School #8 in 1977 and has faithfully served the county for nearly 32 years in various positions, as a firefighter, fire sergeant, fire 09-530 09/23/09 lieutenant, administrative officer, safety officer and fire captain; and WHEREAS, throughout his career, Captain Daniels was assigned to the Chester, Ettrick, Wagstaff, Bensley, Bon Air and Manchester Fire and EMS Stations; and WHEREAS, notable among his many achievements, Captain Daniels rescued an occupant from a house fire in March 1979; and WHEREAS, Captain Daniels submitted a suggestion in 1984 that initiated the smoke detector loaner program for the department; and in 1986 a suggestion that enforced the use of nomex hoods and bunker pants as mandatory personal protective equipment for structural firefighting; and WHEREAS, Captain Daniels was an advanced life support provider, and he was certified as a Cardiac Technician in 1994 and Paramedic in 1996; and WHEREAS, Captain Daniels was recognized with a unit citation for the rescue of three trapped occupants from the second floor of an apartment fire in 1996; and WHEREAS, in 2005, Captain Daniels managed the relocation of Engine Company 10 to Manchester Volunteer Rescue Squad, Engine 24 to improve service delivery; and WHEREAS, Captain Daniels assisted in the development of the Back Injury Program and Respiratory Protection Program; and WHEREAS, Captain Daniels has been a member of the Health and Fitness Process Action Team, the Promotional Education Requirements Workgroup, the Organizational Climate Assessment Workgroup, the Chesterfield County Workers' Compensation Workgroup, and the Chesterfield Accident Review Board. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes the contributions of Captain David L. Daniels, expresses the appreciation of all residents for his service to the county, and extends appreciation for this dedicated service and congratulations for his retirement. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 8.C.i.c. RECOGNIZING THE UNITED NEGRO COLLEGE FUND On motion of Mr. Gecker, seconded by Mr. Holland, the Board adopted the following resolution: WHEREAS, the United Negro College Fund was incorporated in 1944 to raise funds to assist black students and to provide general scholarship funds for 39 historically black colleges and universities; and WHEREAS, in 2005 alone the Fund 65,000 students at over 900 colleges approximately $113 million in grants; 09-531 provided approximately and universities with and 09/23/09 J J J WHEREAS, the United Negro College Fund is headquartered in Fairfax County, Virginia, and assists many students each year from Chesterfield County high schools; and C+ C WHEREAS, many famous Americans have received United Negro College Fund scholarships such as Martin Luther King, movie producer Spike Lee and actor Samuel Jackson; and WHEREAS, the United Negro College Fund adopted as its motto, "A mind is a terrible thing to waste," one of the most widely recognized slogans in advertising history; and WHEREAS, the efforts of the United Negro College Fund allow many deserving minority students to enroll in college and complete their education; 62% coming from families with incomes of less than $25,000. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors applauds the efforts of the United Negro College Fund to provide scholarship funds for deserving minority students. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 8.C.l.d. RECOGNIZING OCTOBER 4-10, 2009, AS "FIRE PREVENTION WEEK" IN CHESTERFIELD COUNTY On motion of Mr. Gecker, seconded by Mr. Holland, the Board adopted the following resolution: WHEREAS, the County of Chesterfield is committed to ensuring the safety and security of all those living in and visiting our county; and WHEREAS, fire is a serious public safety concern both locally and nationally, and 830 of all fires occur in the home according to the National Fire Prevention Association; and WHEREAS, as a result of this statistic, homes are the locations where people are at greatest risk from fire accounting for 84% of all fire fatalities; and WHEREAS, the American Burn Association (ABA) has documented through its research an average of 500,000 burn injuries per year, which necessitated pre-hospital and emergency department treatment; and WHEREAS, Chesterfield Fire and Emergency Medical Services first responders are dedicated to reducing the occurrence of burn injuries from fire through prevention and protection education; and . WHEREAS, Chesterfield County encourages its residents to take personal steps to lessen their chances of burn injuries from f ire ; and WHEREAS, using proper fire prevention practices will have a positive effect on reducing the chances of burns; and 09-532 09/23/09 WHEREAS, each burn injury that is prevented in Chesterfield County is an opportunity to increase the quality of life for our citizens and their children; and WHEREAS, the 2009 Fire Prevention Week theme, "Don't Get Burned" effectively serves to remind us all of the simple actions we can take to keep our families safe from fire and burn injuries during Fire Prevention Week and year-round. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes October 4-10, 2009, as "Fire Prevention Week" throughout the county, and urges all people of Chesterfield County to heed the important safety messages of Fire Prevention Week 2009, and to support the many public safety activities and efforts of Chesterfield County Fire and Emergency Medical Services. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 8.C.3. SET DATES FOR PUBLIC HEARINGS 8.C.3.a. TO CONSIDER PROPOSED AMENDMENT TO THE INTRODUCTION TO THE PLAN FOR CHESTERFIELD RELATIVE TO DAM BREAK INUNDATION ZONES On motion of Mr. Gecker, seconded by Mr. Holland, the Board set October 14, 2009, for a public hearing to consider amendments to the Plan for Chesterfield relative to Dam Break Inundation Zones. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 8.C.3.e. TO CONSIDER THE ESTABLISHMENT OF A CHESTERFIELD TOWNE CENTER - SOUTHPORT AREA SERVICE DISTRICT On motion of Mr. Gecker, seconded by Mr. Holland, the Board set October 28, 2009, for a public hearing to consider the establishment of a Chesterfield Towne Center - Southport Service District. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 8.C.4. ACCEPTANCE AND APPROPRIATION OF COMMUNITY DEVELOPMENT BLOCK GRANT RECOVERY FUNDS RECEIVED THROUGH THE AMERICAN RECOVERY AND REINVESTMENT ACT On motion of Mr. Gecker, seconded by Mr. Holland, the Board accepted and appropriated $336,859 in federal Community Development Block Grant Recovery (CDBG-R) funds received through the American Recovery and Reinvestment Act.(ARRA). Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 09-533 J J J 09/23/09 8.C.5. AUTHORIZE THE COUNTY ADMINISTRATOR TO APPLY FOR A SEVERE REPETITIVE LOSS GRANT FROM THE FEDERAL EMERGENCY MANAGEMENT AGENCY TO ACQUIRE PROPERTY ON BEACH ROAD On motion of Mr. Gecker, seconded by Mr. Holland, the Board authorized the County Administrator to apply for a Severe Repetitive Loss Grant to acquire property at 7311 Beach Road flooded by rainstorm events. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 8.C.6. APPROVAL TO RENAME DEVMEGHALED TERRACE TO BON AIR DEPOT LANE l~J On motion of Mr. Gecker, seconded by Mr. Holland, the Board approved renaming Devmeghaled Terrace to Bon Air Depot Lane. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 8.C.7. REQUEST FOR MUSIC/ENTERTAINMENT FESTIVAL PERMIT FOR THE ANNUAL MAGNIFICENT MIDLOTHIAN FOOD FESTIVAL On motion of Mr. Gecker, seconded by Mr. Holland, the Board approved a musical/entertainment festival permit for the Midlothian Rotary Club on Wednesday, October 7, 2009. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 8.C.8. AWARD CONSTRUCTION CONTRACTR 8.C.8.a. TO UNITED REFRIGERATION OF VIRGINIA, INCORPORATED FOR CONSTRUCTION OF THE SECURITY, HVAC AND ELECTRICAL UPGRADES AT THE CHESTERFIELD COUNTY JAIL ANNEX ^~1- On motion of Mr. Gecker, seconded by Mr. Holland, the Board authorized the County Administrator to execute a construction contract with United Refrigeration of Virginia, Incorporated in the amount of $1,767,500 for the construction of security, HVAC and electrical upgrades at the Chesterfield County Jail Annex. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 8.C.8.b. TO MID EASTERN BUILDERS, INCORPORATED FOR THE PROCTORS CREEK WASTEWATER TREATMENT PLANT NUTRIENT COMPLIANCE PROJECT On motion of Mr. Gecker, seconded by Mr. Holland, the Board awarded the construction contract for County Project #06- 0379, Nutrient Compliance for Proctors Creek Wastewater Treatment Plant to Mid Eastern Builders, Inc. in the amount 09-534 09/23/09 of $38,171,000.00 and authorized the County Administrator to execute the necessary documents. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 8.C.9. AUTHORIZATION TO ENTER INTO AN I-295/MEADOWVILLE ROAD INTERCHANGE CONSTRUCTION GRANT AGREEMENT WITH THE FEDERAL HIGHWAY ADMINISTRATION AND A CONSTRUCTION AGREEMENT WITH THE VIRGINIA DEPARTMENT OF TRANSPORTATION; AND AUTHORIZATION TO ACQUIRE REMAINING RIGHT-OF-WAY NECESSARY FOR THE INTERCHANGE CONSTRUCTION On motion of Mr. Gecker, seconded by Mr. Holland, the Board authorized the County Administrator to enter into a TCSP Grant Agreement with FHWA; authorized the County Administrator to enter into a VDOT/County Project Agreement; authorized staff to acquire additional right-of-way needed for the interchange; authorized the Chairman of the Board of Supervisors and County Administrator to execute easement agreements for relocation of utilities; and authorized the advertisement of an eminent domain public hearing if necessary. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 8.C.11. STATE ROAD ACCEPTANCE On motion of Mr. Gecker, seconded by Mr. Holland, the Board adopted the following resolution: WHEREAS, the streets described below are shown on plats recorded in the Clerk's Office of the Circuit Court of Chesterfield County; and WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised this Board the streets meet the requirements established by the Subdivision Street 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: Cypress Woods 3 Type Change to the Secondary System of State Addition Reason for Change: New subdivision street J J J 09-535 09/23/09 Pursuant to Code of Virginia §33.1-229 Street Name and/or Route u ^+1~ ~'J • Green Spire Circle, State Route Number 7428 Old Route Number: 0 From: Green Spire Dr., (Rt. 7243) To: Cut-de-sac, a distance of: 0.03 miles. Recordation Reference: Pb 169 Pg 75 Right of Way width (feet) = 40 • Green Spire Court, State Route Number 7429 Old Route Number: 0 From: Green Spire Dr.,(Rt. 7243) To: Cul-de-sac, a distance of: 0.18 miles. Recordation Reference: Pb 169 Pg 75 Right of Way width (feet) = 40 • Naylor Blue Drive, State Route Number 7233 Old Route Number: 0 From: 0.01 miles south of Cypress Vine Dr., (Rt. 7231) To: Silverdust Ln., (Rt. 7241), a distance of: 0.21 miles. Recordation Reference: Pb 169 Pg 75 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 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 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: Holly Trail Type Change to the Secondary System of State Reason for Change: New subdivision street Pursuant to Code of Virginia X33.1-229 Street Name and/or Route • Hillside Road, State Route Number 7266 Old Route Number: 0 From: Osborne Rd., (Rt. 616) To: Cul-de-sac, a distance of: 0.15 miles. 09-536 Addition 09/23/09 Recordation Reference: Pb. 168 Pg. 23 Right of Way width (feet) = 50 i 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: Autumn Grove Type Change to the Secondary System of State Addition Reason for Change: New subdivision street Pursuant to Code of Virginia §33.1-229 Street Name and/or Route • Koufax Drive, State Route Number 3951 Old Route Number: 0 From: 0.03 miles southwest of Koufax Ct., (Rt. 3957) To: Autumn Point Dr., (Rt. 7434), a distance of: 0.03 miles. Recordation Reference: Pb. 189, Pg. 51 Right of Way width (feet) = 50 • Autumn Point Drive, State Route Number 7434 Old Route Number: 0 From: Koufax Dr., (Rt. 3951) To: Cul-de-sac, a distance of: 0.13 miles. Recordation Reference: Pb. 189, Pg. 51 Right of Way width (feet) = 40 • Autumn Point Drive, State Route Number 7434 Old Route Number: 0 From: Koufax Dr., (Rt 3951) To: Cul-de-sac, a distance of: 0.13 miles. Recordation Reference: Pb. 189, Pg. 51 Right of Way width (feet) = 40 Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 09-537 09/23/09 J J J 8.C.12. APPROVAL OF A CHANGE IN THE TERMS OF THE ECONOMIC DEVELOPMENT AUTHORITY NOTE FOR THE CLOVERLEAF MALL PURCHASE AND AMENDMENT TO THE SALE CONTRACT WITH CROSLAND, LLC u On motion of Mr. Gecker, seconded by Mr. Holland, the Board approved a change in the terms of the note between the Economic Development Authority and Wachovia Bank and the First Amendment to the Amended and Restated Purchase and Sale Agreement. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 8.0.13. REQUESTS FOR PERMISSION 8.C.13.a. FROM TRAVIS AND SHERRY WRIGHT TO INSTALL A PRIVATE WATER SERVICE WITHIN A COUNTY UNIMPROVED RIGHT OF WAY TO SERVE PROPERTY ON LEWIS ROAD ~;J On motion of Mr. Gecker, seconded by Mr. Holland, the Board approved a request for permission from Travis Wright and Sherry Wright to install a private water service within a county unimproved right of way subject to the execution of a license agreement, and authorized the County Administrator to execute the water connection agreement. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 8.C.13.b. FROM FIRST CITIZENS BANK FOR LIGHT POLES AND SIDEWALKS TO ENCROACH WITHIN A TEN-FOOT WATER EASEMENT AND A VARIABLE WIDTH WATER EASEMENT ACROSS PROPERTY ON MIDLOTHIAN TURNPIKE U On motion of Mr. Gecker, seconded by Mr. Holland, the Board approved a request from First Citizens Bank for permission for light poles and sidewalks to encroach within a 10-foot water easement and a variable width water easement across 13101 Midlothian Turnpike, subject to the execution of a license agreement. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 8.C.13.c. FROM TANYA WRIGHT FOR AN EXISTING PRIVATE WATER SERVICE TO ENCROACH WITHIN A COUNTY UNIMPROVED RIGHT OF WAY TO SERVE PROPERTY ON LEWIS ROAD On motion of Mr. Gecker, seconded by Mr. Holland, the Board approved a request from Tanya Wright for permission for an existing private water service within a county unimproved right of way to serve property at 12413 Lewis Road subject to the execution of a license agreement, and authorized the County Administrator to execute the water connection 09-538 09/23/09 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.14. REQUEST TO VACATE AND REDEDICATE A VARIABLE WIDTH WATER EASEMENT ACROSS THE PROPERTY OF BETHIA UNITED METHODIST CHURCH On motion of Mr. Gecker, seconded by Mr. Holland, the Board authorized the Chairman of the Board of Supervisors and County Administrator to execute an agreement to vacate and rededicate a variable width water easement across the property of Bethia United Methodist Church. (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.15. CONVEYANCE OF EASEMENT TO VERIZON VIRGINIA INCORPORATED FOR UNDERGROUND CABLE AT THE CLOVER HILL FIRE STATION AND WATER TANK SITES TO UPGRADE THE SERVICE TO CELL CARRIERS ON THE WATER TANK On motion of Mr. Gecker, seconded by Mr. Holland, the Board authorized the Chairman of the Board of Supervisors and County Administrator to execute an easement agreement with Verizon Virginia Inc. for underground cable at the Clover Hill Fire Station and Water Tank sites to upgrade the service to cell carriers on the water tank. (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.16. ACCEPTANCE AND APPROPRIATION OF GRANT AWARDS FROM THE UNITED STATES DEPARTMENT OF JUSTICE 8.C.16.b. FOR THE FY2009 JUSTICE ASSISTANCE PROGRAM On motion of Mr. Gecker, seconded by Mr. Holland, the Board authorized the Commonwealth's Attorney's Office to accept and appropriate the grant awarded by the US Department of Justice, Bureau of Justice Assistance, from the Justice Assistance Grant Program in the amount of $123,109 and authorized the County Administrator to execute documentation associated with the grant. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. J J J 09-539 09/23/09 8.C.16.C. FROM THE BUREAU OF JUSTICE STATISTICS TO ASSIST THE POLICE DEPARTMENT WITH THE ENFORCEMENT OF COUNTERFEITING AND FRAUD PREVENTION EFFORTS C On motion of Mr. Gecker, seconded by Mr. Holland, the Board accepted and appropriated the award from the U. S. Department of Justice, Bureau of Justice Statistics for the FY2009 Intellectual Property Enforcement, Training, and Technical Assistance Program grant in the amount of $199,919 and authorized the County Administrator to execute all documents. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 8.C.17. TRANSFER OF DISTRICT IMPROVEMENT FUNDS FROM THE CLOVER HILL, DALE, MATOACA, BERMUDA AND MIDLOTHIAN " DISTRICT IMPROVEMENT FUNDS TO THE CHESTERFIELD COUNTY HEALTH CENTER COMMISSION TO BUILD A THERAPEUTIC WELLNESS GARDEN AT LUCY CORR VILLAGE ^i On motion of Mr. Gecker, seconded by Mr. Holland, the Board transferred $5,000 each in Clover Hill and Dale District Improvement Funds, $2,500 in Matoaca District Improvement Funds and $1,000 each in Bermuda and Midlothian District Improvement Funds ($14,500 total) to the Chesterfield County Health Center Commission (Lucy Corr Village) to build a therapeutic wellness garden. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. On motion of Mr. Warren, seconded by Ms. Durfee,. the Board removed Item 8.C.3b. from the Consent Agenda for public comment. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 8.C.3.b. TO CONSIDER AMENDING THE COUNTY CODE RELATING TO A RENTAL INSPECTION PROGRAM Ms. Pat Eggleston spoke in opposition to the rental inspection program. She stated the program is essentially searches of private property. In response to Mr. Warren's question, Ms. Eggleston stated she was opposed mainly to the internal inspections. Mr. Gecker stated he believes in the goals of the rental inspection program and is supportive of the proactive maintenance code enforcement effort. He further stated he has been through the neighborhoods in the Midlothian District which were initially selected by the Building Inspector for inclusion in the proposed ordinance and he is uncomfortable making that threshold finding with regards to those neighborhoods. He further stated the program would not give the county the ability to perform warrantless searches, they would either be consensual or would be with warrants. He 09-540 09/23/09 stated he would like to defer this item until the October 28, 2009 meeting so the Board is able to get a better understanding of the alternatives that be might be available to improve the housing stock in the county. Mr. Warren expressed concerns with implementing a program in the county which does not pay for itself when the county is facing a $38 million budget shortfall. Ms. Durfee stated she would like to receive additional feedback from staff on some of the issues raised by the Board. Mr. Holland stated he supported the program. He further stated with all programs in the county the cost versus benefits needs to be analyzed. On motion of Mr. Gecker, seconded by Ms. Jaeckle, the Board deferred setting a public hearing to consider amending the Chesterfield County Code by adding Sections 5-20 through 5-31 related to a rental inspection program to October 28, 2009. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. The following items were removed from the Consent Agenda for Board comment: 8.C.2. AUTHORIZE THE RECEIPT AND APPROPRIATION OF 2009 EMERGENCY OPERATIONS GRANT FUNDS FROM THE DEPARTMENT OF HOMELAND SECURITY TO IMPROVE THE COMMUNICATION, SECURITY AND CAPABILITY OF THE CHESTERFIELD COUNTY EMERGENCY OPERATIONS CENTER In response to Mr. Gecker's questions, Mr. Curt Nellis stated the soft match for the federal grant will be in the form of in kind services, labor time, staff preparation, staff time managing the grant and any work done by the departments to install equipment purchased for the grant. He further stated he does not view there being any operational impact on the department created by this grant. On motion of Mr. Gecker, seconded by Ms. Durfee, the Board authorized the receipt and appropriation of $250,000 in grant funds from the Department of Homeland Security to improve the communication, security and capability of the Chesterfield County Emergency Operations Center. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 8.C.3.c. TO CONSIDER AMENDMENTS TO THE COUNTY CODE RELATIVE TO DAM BREAK INUNDATION ZONES In response to Mr. Gecker's questions, Mr. Turner stated some of the dam break inundation zones in the county have been mapped, but the majority of them have not. He further stated the proposed changes are mandated by state code. J J J 09-541 09/23/09 Mr. Gecker expressed concerns relative to the potential detrimental impact the proposed ordinance may have on citizen's properties. C In response to Mr. Warren's questions, Mr. McElfish stated once the dam inundation zones are mapped, they will be tracked by GIS. He further stated once they are placed in GIS, future developments will be notified of their locations. He stated the ordinance is mandated by the state on the larger dams that qualify. He provided details of the process at the state level for dam inundation zones. He stated if a dam qualifies through the state, a program must be submitted which contains emergency exercises to be performed. In response to Ms. Jaeckle's question, Mr. McElfish stated currently in Chesterfield none of the 12 dams permitted by the state have flood inundation zones approved by DCR. He further stated once these dams come up for renewal, the dam owners will be notified by DCR and required to follow the new regulations. Mr. Warren stated the proposed ordinance will help notify those citizens that are downstream from dams throughout the state that they could be impacted if the dam broke. In response to Mr. Gecker' s question, Mr. McElfish stated if a proposed development is downstream from a dam in the inundation zone then specific requirements must be met to build in those zones such as performing upgrades to the dam. He further stated the proposed ordinance will prohibit the subdivision of land which is found to be in an inundation zone even though the zones haven't been identified. Mr. Gecker stated the Planning Commission believed staff's language went further than what the state law required. He further stated if the county is going to adopt an ordinance which goes further than the state code requires, then the people that are going to be adversely impacted by the action should be notified. Mr. McElfish stated the only issue which was stricter in the staff's proposed ordinance than the state's requirement is the part where the county will not allow any homes to be constructed in the dam break zone. If a developer wants to develop in a dam inundation zone then they would be required to pay for 50 percent of the upgrade to the dam. Ms. Jaeckle stated the purpose of a public hearing is to allow the public the opportunity to speak on an issue that may impact their property or way of life. She further stated if the county does not identify which properties will be impacted prior to a public hearing, citizens will not even know it will impact them. In response to Ms. Durfee's question, Mr. McElfish stated the deadline to which the county was required to come in line with the state guidelines was July 2009. Ms. Durfee stated the county needs to come into compliance with the state regulations. She expressed concerns relative to the county not being in line with the state due to this simple request. 09-542 09/23/09 On motion of Ms. Jaeckle, seconded by Mr. Gecker, the Board deferred setting a public hearing to consider amendments to the Code of the County of Chesterfield relating to dam break inundation zones to October 28, 2009. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 8.C.3.d. TO ELECTRONIC MESSAGE CENTERS TO CONSIDER AMENDMENTS TO THE COUNTY CODE RELATIVE Mr. Gecker stated the Planning Commission recommended unanimously for denial of the proposed ordinance. On motion of Mr. Gecker, seconded by Mr. Holland, the Board did not set a public hearing to consider amendments to the Code of the County of Chesterfield relative to electronic message centers. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 8.C.10. APPROPRIATION OF FEDERAL REVENUE FOR THE CHESTERFIELD COMMUNITY SERVICES BOARD'S CHESTERFIELD EMPLOYMENT SERVICES PROGRAM Mr. Gecker stated the county is in a period of time with significant budget constraints and yet staff continues to look for grants which have a substantial local component to them. Ms. Snead stated staff is starting to hear from grants which were applied for previously. She further stated the in kind match is approximately $2,500 per employee for the time they will spend in training in collaboration with VCU, which is a portion of their salary. In response to Mr. Gecker's questions, Ms. Snead stated the grant will provide training for 25 employees. She further stated the bottom line is that the county will receive $90,000 in federal funds to do the specialized training with VCU and the in kind match is a portion of the 25 employees' salaries. She stated the grant will help current staff do their jobs more efficiently and effectively. Mr. Holland suggested staff look at other areas to receive funds from such as CLEO, which has funds for three different categories of individuals unemployed. In response to Mr. Holland's question, Ms. Snead stated staff would look into the funding source of OLEO. In response to Ms. Jaeckle's question, Ms. Snead stated the grant is time limited, but the training will occur during the availability of the grant money and will be a skill that will be used forevermore by staff. Ms. Burcham stated with this particular grant, the goal will be to train 10 individuals in this model. She further stated the grant will pay for the employees while they are in job J J J 09-543 09/23/09 development, which is something they would be participating in without the grant. ^~ u In response to Mr. Holland's suggestion, Ms. Snead stated the grant has an October 1, 2009 deadline. She further stated staff will look into OLEO for additional funding possibilities. On motion of Mr. Gecker, seconded by Mr. Holland, the Board appropriated $90,000 in federal revenue and expenditures for the Chesterfield CSB's Chesterfield Employment Service to design and provide customized employment opportunities for individuals with intellectual disabilities. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. Mr. Warren stated the issue of matching funds for grants can be taken up by the Budget and Audit Committee in the future. 9. REPORTS 9.A. REPORT ON DEVELOPER WATER AND SEWER CONTRACTS 9.B. REPORT ON STATUS OF GENERAL FUND BALANCE, RESERVE FOR FUTURE CAPITAL PROJECTS, DISTRICT IMPROVEMENT FUNDS AND LEASE PURCHASES 9.C. REPORT ON ROADS ACCEPTED INTO THE STATE SECONDARY SYSTEM On motion of Mr. Warren, seconded by Ms. Durfee, the Board accepted the following reports: a Report on Developer Water and Sewer Contracts and a Report on Status of General Fund Balance, Reserve for Future Capital Projects, District Improvement Funds and Lease Purchases. And, further, the following roads were accepted into the State Secondary System: ADDITION LENGTH Berkley Village (Effective 08/17/2009) Charter Walk Court (Route 7358) - From Charter Walk Lane (Route 7276) to cul-de-sac 0.06 Mi. Charter Walk Lane (Route 7276) - From Charter Walk Place (Route 7359) to 0.03 miles west of Charter Walk Place (Route 7359) 0.03 Mi. Charter Walk Lane (Route 7276) - From 0.01 miles west of Charter Landing Drive (Route 7277) to Charter Bluff Trail (Route 7355) 0.05 Mi. Charter Walk Lane (Route 7276) - From Charters Bluff Trail (Route 7355) to Charter Walk Court (Route 7358) 0.06 Mi. 09-544 09/23/09 Charter Walk Lane (Route 7276) - From Charter Walk Court (Route 7358) to Charter Walk Place (Route 7359) 0.06 Mi. Charter Walk Place (Route 7359) - From Charter Walk Lane (Route 7276) to cul-de-sac 0.03 Mi. Charters Bluff Place (Route 7356) - From Charters Bluff Trail (Route 7355) to cul-de-sac 0.04 Mi Charters Bluff Trail (Route 7355) - From Charter Walk Lane (Route 7276) to Charters Bluff Place (Route 7356) 0.04 Mi. Charters Bluff Trail (Route 7355) - From Charter Bluff Place (Route 7356) to cul-de-sac 0.06 Mi. Charters Bluff Trail (Route 7355) - From Charter Walk Lane (Route 7276) to cul-de-sac 0.12 Mi. Charter Park Drive (Effective 08/18/2009) Charter Landing Drive (Route 7277) - From Charter Park Drive (Route 7354) to 0.01 miles east of Charter Park Drive (Route 7354) 0.01 Mi. Charter Park Drive (Route 7354) - From Charter Landing Drive (Route 7277) to 0.09 miles northwest of Charter Landing Drive (Route 7277) 0.09 Mi. Charter .Park Drive (Route 7354) - From 0.25 mile northwest of Charter Landing Drive (Route 7277) to temporary end of maintenance 0.06 Mi. Charter Park Drive (Route 7354) - From 0.07 miles north of Woolridge Road (Route 668) to Charter Landing Drive (Route 7277) 0.11 Mi. Charter Park Drive (Route 7354) - From 0.09 miles northwest of Charter Landing Drive (Route 7277) to 0.25 miles northwest of Charter Landing Drive (Route 7277) 0.16 Mi. Charter Park Drive (Route 7354) - From Woolridge Road (Route 668) to 0.07 miles north of Woolridge Road (Route 668) 0.07 Mi. CLOVER HILL INDUSTRIAL PARK (Effective 08/11/2009) Deergrove Road (Route 7333) - From Deerhill Lane (Route 7385) to cul-de-sac Deergrove Road (Route 7333) - From Deerhill Lane (Route 7385) to cul-de-sac Deerhill Lane (Route 7385) - From Deergrove Road (Route 7333) to temporary end of maintenance Deerhill Lane (Route 7385) - From Deerhill Road (Route 7332) to Deergrove Road (Route 7333) 09-545 J J 0.08 Mi. 0.05 Mi. 0.01 Mi. 0.11 Mi. 09/23/09 Deerhill Road (Route 7332) - From Deerhill Lane (Route 7385) to Deerleaf Way (Route 7334) 0.08 Mi. Deerhill Road (Route 7332) - From Deerleaf Way (Route 7334) to temporary end of maintenance 0.22 Mi. Deerhill Road (Route 7332) - From Warbro Road (Route 907) to Deerhill Lane (Route 7385) 0.08 Mi. Deerleaf Court (Route 7335) - From Deerleaf Way (Route 7334) to cul-de-sac 0.03 Mi. Deerleaf Court (Route 7335) - From Deerleaf Way (Route 7334) to cul-de-sac 0.05 Mi. Deerleaf Way (Route 7334) - From Deerhill Road (Route 7332) to Deerleaf Court (Route 7335) 0.10 Mi. FIVE FORKS 4 (Effective 08/13/2009) Cogbill Road (Route 638) - From Newbys Bridge Road (Route 649) to Garden Ridge Road (Route 7394) 0.16 Mi. Cogbill Road (Route 638) - From Garden Ridge Road (Route 73.94) to Willow Grove Road (Route 5969) 0.19 Mi. Garden Grove Court (Route 7396) - From Garden Grove Road (Route 7395) to cul-de-sac 0.15 Mi. Garden Grove Road (Route 7395) - From Garden Grove Court (Route 7396) to cul-de-sac 0.07 Mi. Garden Grove Road (Route 7395) - From Cogbill Road (Route 638) to Garden Grove Court (Route 7396) 0.04 Mi. Garden Ridge Court (Route 7399) - From Garden Ridge Trace (Route 7398) to cul-de-sac 0.04 Mi. Garden Ridge Place (Route 7397) - From Garden Ridge Road (Route 7394) to cul-de-sac 0.07 Mi. Garden Ridge Road (Route 7394) - From Garden Ridge Place (Route 7397) to cul-de-sac 0.02 Mi. Garden Ridge Road (Route 7394) - From Cogbill Road (Route 638) to Garden Ridge Place (Route 7397) 0.05 Mi. Garden Ridge Trace (Route 7398) - From Garden Ridge Court (Route 7399) to cul-de-sac 0.03 Mi. Garden Ridge Trace (Route 7398) - From Garden Ridge Road (Route 7394) to Garden Ridge Court (Route 7399) 0.11 Mi. 09-546 09/23/09 HARROWGATE MEADOWS 2 (Effective 08/20/2009) Calvingate Terrace (Route 7374) - From Parkgate Drive (Route 7373) to cul-de-sac Harrow Drive (Route 1176) - From Parkgate Drive (Route 7373) to cul-de-sac Harrow Drive (Route 1176) - From 0.33 miles west of Harrowgate Road (Route 144) to Parkgate Drive (Route 7373) Parkgate Drive (Route 7373) - From Calvingate Terrace (Route 7374) to temporary end of maintenance Parkgate Drive (Route 7373) - From Harrow Drive (Route 1176) to cul-de-sac Parkgate Drive (Route 7373) - From Harrow Drive (Route 1176) to Calvington Terrace (Route 7374) D(IiTTTTDV 1 (Effective 08/17/2009) Evershot Circle (Route 7388) - From Evershot Drive (Route 7387) to Evershot Drive (Route 7387) Evershot Court (Route 7389) - From Evershot Drive (Route 7387) to Cul-de-sac Evershot Drive (Route 7387) - From Yarcombe Road (Route 7386) to Evershot Circle (Route 7388) Evershot Drive (Route 7387) - From Wivenhall Drive (Route 7390) to Evershot Court (Route 7389) Evershot Drive (Route 7387) - From Evershot Circle (Route 7388) to Evershot Circle (Route 7388) Evershot Drive (Route 7387) - From Evershot Court (Route 7389) to cul-de-sac Evershot Drive (Route 7387) - From Pencader Road (Route 7391) to Yarcombe Road (Route 7386) Evershot Drive (Route 7387) - From Evershot Circle (Route 7388) to Wivenhall Drive (Route 7390) Evershot Drive (Route 7387) - From Spaldwick Lane (Route 7393) to Pencader Road (Route 7391) Evershot Drive (Route 7387) - From Spaldwick Lane (Route 7393) to cul-de-sac North Woolridge Road (Route 668) - From Woolridge Road (Route 668) to 0.11 miles north of Woolridge Road (Route 668) 09-547 0.04 Mi. 0.06 Mi. 0.08 Mi. 0.03 Mi. 0.07 Mi. 0.06 Mi. 0.04 Mi. 0.05 Mi. 0.10 Mi. 0.04 Mi. 0.02 Mi. 0.02 Mi. 0.06 Mi. 0.06 Mi. 0.13 Mi. 0.09 Mi. 0.11 Mi. 09/23/09 North Woolridge Road (Route 668) - From 0.11 miles north of Woolridge Road (Route 668) to Yarcombe Road (Route 7387) 0.09 Mi. C u C~ North Woolridge Road (Route 668) - From 0.10 miles north of Yarcombe Road (Route 7386) to Spaldwick Lane (Route 7393) 0.09 Mi. North Woolridge Road (Route 668) - From Yarcombe Road (Route 7386) to 0.10 miles north of Yarcombe Road (Route 7386) 0.10 Mi. North Woolridge Road (Route 668) - From Spaldwick Lane (Route 7393) to temporary end of maintenance 0.02 Mi. Pencader Road (Route 7391) - From Evershot Drive (Route 7387) to Pinery Way (Route 7392) 0.13 Mi. Pinery Way (Route 7392) - From Pencader Road (Route 7391) - cul-de-sac 0.03 Mi. Pinery Way (Route 7392) - From Pencader Road (Route 7391) to temporary end of maintenance 0.03 Mi. Spaldwick Lane (Route 7393) - From Evershot Drive (Route 7387) to cul-de-sac 0.07 Mi. Spaldwick Lane (Route 7393) - From North Woolridge Road (Route 668) to Evershot Drive (Route 7387) 0.05 Mi. Wivenhall Drive (Route 7390) - From Yarcombe Road (Route 7386) to Evershot Drive (Route 7387) 0.13 Mi. Yarcombe Road (Route 7386) - From North Woolridge Road (Route 668) to Evershot Drive (Route 7387) 0.04 Mi. Yarcombe Road (Route 7386) - From Evershot Drive (Route 7387) to Wivenhall Drive (Route 7390) 0.06 Mi. Yarcombe Road (Route 7386) - From Wivenhall Drive (Route 7390) to cul-de-sac 0.03 Mi. STEWART VILLAGE (Effective 08/18/2009) Charter Forest Drive (Route 7360) - From Charter Park Drive (Route 7354) to Colony Oak Lane (Route 7363) 0.04 Mi. Colony Forest Court (Route 7361) - From Colony Forest Drive (Route 7360) to cul-de-sac 0.02 Mi. Colony Forest Drive (Route 7360) - From Colony Forest Court (Route 7361) to Colony Forest Place (Route 7362) 0.15 Mi. Colony Forest Drive (Route 7360) - From Colony Forest Place (Route 7362) to Colony Oak Lane (Route 7363) 0.07 Mi. 09-548 09/23/09 Colony Forest Drive (Route 7360) - From Colony Oak Lane (Route 7363) to Colony Forest Court (Route 7361) Colony Forest Place (Route 7362) - From Colony Forest Drive (Route 7360) to cul-de-sac Colony Oak Lane (Route 7363) - From Colony Forest Drive (Route 7360) to cul-de-sac Colony Oak Lane (Route 7363) - From Colony Forest Drive (Route 7360) to Colony Forest Drive (Route 7360) THE SANCTUARY AT WATERMILL A (Effective 08/13/2009) Graeme Hall Circle (Route 7379) - From Seabird Drive (Route 7378) to cul-de-sac Seabird Drive (Route 7378) - From Graeme Hall Circle (Route 7379) to Wing Haven Place (Route 7380) Seabird Drive (Route 7378) - From Watermill Parkway (Route 5583) to Graeme Hall Circle (Route 7379) Wing Haven Place (Route 7380) - From Seabird Drive (Route 7378) to cul-de-sac Wing Haven Place (Route 7380) - From Seabird Drive (Route 7378) to cul-de-sac (Effective 08/18/2009) WEST CHESTERFIELD HEIGHTS 0.05 Mi. 0.02 Mi. 0.02 Mi. 0.21 Mi. 0.06 Mi. 0.11 Mi. 0.14 Mi. 0.05 Mi. 0.05 Mi. Plumtree Street (Route 1156) - From Roosevelt Avenue (Route 1157) to 0.07 miles northwest of Plumtree Street (Route 1156) 0.07 Mi. 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)(7), CODE OF VIRGINIA, 1950, AS AMENDED, FOR CONSULTATION WITH LEGAL COUNSEL REGARDING SPECIFIC LEGAL MATTERS REQUIRING THE PROVISION OF LEGAL ADVICE WITH RESPECT TO THE APPLICATION OF "GUIDANCE" BY THE CHESAPEAKE BAY LOCAL ASSISTANCE BOARD ON THE CHESAPEAKE BAY PRESERVATION ACT On motion of Mr. Holland, seconded by Ms. Durfee, the Board went into Closed Session pursuant to Section 2.2-3711(A)(7), Code of Virginia, 1950, as amended, for consultation with legal counsel regarding specific legal matters requiring the provision of legal advice with respect to the application of 09-549 09/23/09 J "guidance" by the Chesapeake Bay Local Assistance Board on the Chesapeake Bay Preservation Act. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. Reconvening: On motion of Mr. Holland, 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• A e. y Mr. Gecker: Aye. Mr. Warren: Aye. Ms. Durfee: Aye. Mr. Holland: Aye. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 12. DINNER On motion of Mr. Holland, seconded by Ms. Durfee, the Board recessed to the Lane B. Ramsey Administration Building, Room 502, for dinner. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. Reconvening: 13. INVOCATION Senior Pastor James Brummett, Journey Christian Church, gave the invocation. 09-550 09/23/09 14. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Eagle Scout Phillip Andrew Polk, Jr., led the Pledge of Allegiance to the Flag of the United States of America. 15. RESOLUTIONS 15.A. RECOGNIZING "CHRISTMAS MOTHER DAY" IN CHESTERFIELD COUNTY Ms. Snead introduced Ms. Gail Feind, who was present to receive the resolution. On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board adopted the following resolution: WHEREAS, most families in Chesterfield County enjoy peace and happiness during the Christmas holidays; and WHEREAS, there are many children, elderly and the less fortunate, who do not have the means to enjoy this special time of year; and WHEREAS, the Chesterfield-Colonial Heights Christmas Mother Program has successfully provided food, gifts and clothing to many of our citizens in the past; and WHEREAS, Mrs. Gail Feind has been elected Christmas Mother for 2009 and requests support of all the citizens of Chesterfield County to ensure that those less fortunate may enjoy this special season of the year. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 23rd day of September 2009, publicly recognizes October 13, 2009, as "Christmas Mother Day" and urges all citizens of Chesterfield County to support this worthy endeavor. AND, BE IT FURTHER RESOLVED that the Board of Supervisors publicly commends the Christmas Mother Program for its successful efforts in past years and extends best wishes for a successful 2009 season. AND, BE IT FURTHER RESOLVED that a copy of this resolution be presented to Mrs. Feind and that this resolution be permanently recorded among the papers. of this Board of Supervisors of Chesterfield County, Virginia. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. Ms. Jaeckle presented the executed resolution and a contribution to the Christmas Mother Program to Ms. Feind and expressed appreciation to her for volunteering her time. Ms. Feind stated she is honored to serve as Christmas Mother for 2009. She expressed appreciation to the Board for its continued support. J J J 09-551 09/23/09 15.B. RECOGNIZING BOY SCOUTS UPON ATTAINING THE RANK OF EAGLE SCOUT C 15.B.1. MR. PHILLIP ANDREW POLR, JR., MIDLOTHIAN DISTRICT 15.B.2. MR. BRENDAN TYLER WESTFALL, CLOVER HILL DISTRICT 15.B.3. MR. DANIEL JAY METZ, MIDLOTHIAN DISTRICT Mr. Kappel introduced Mr. Phillip Andrew Polk, Jr., Mr. Brendan Tyler Westfall, Mr. Daniel Metz, and Mr. Robert Jones, who were present to receive their resolutions. 15.B.4. MR. ROBERT ADRIAN JONES, BERMUDA DISTRICT On motion of Mr. Holland, seconded by Ms. Durfee, the Board adopted the following resolution: WHEREAS, the Boy Scouts of America was incorporated by Mr. William D. Boyce on February 8, 1910, and was chartered by Congress in 1916; and WHEREAS, the Boy Scouts of America was founded to build character, provide citizenship training and promote physical fitness; and WHEREAS, after earning at least twenty-one merit badges in a wide variety of skills including leadership, service and outdoor life, serving in a leadership position in a troop, carrying out a service project beneficial to their community, being active in the troop, demonstrating Scout spirit, and living up to the Scout Oath and Law, Mr. Phillip Andrew Polk, Jr., Troop 867, sponsored by the Church of Jesus Christ of Latter Day Saints, Mr. Brendan Tyler Westfall, Troop 806, sponsored by Woodlake United Methodist Church, Mr. Daniel Jay Metz, Troop 1891, sponsored by Bon Air United Methodist Church, and Mr. Robert Adrian Jones, Troop 184, sponsored by Wesley 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 a role as leaders in society, Phillip, Brendan, Dan and Robert 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 23rd day of September 2009, hereby extends its congratulations to Mr. Phillip Andrew Polk, Jr., Mr. Brendan Tyler Westfall, Mr. Daniel Jay Metz and Mr. Robert Adrian Jones 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. Ms. Jaeckle and Mr. Gecker presented the executed resolutions and patches to the scouts, congratulated them on their achievements and wished them well in future endeavors. 09-552 09/23/09 Mr. Polk, Mr. Westfall, Mr. Metz, and Mr. Jones each provided details of their Eagle Scout projects and expressed appreciation for their parents' support. 15.C. RECOGNIZING OCTOBER 2009, AS "DOMESTIC VIOLENCE AWARENESS MONTH" Ms. Snead introduced Ms. Patricia Jones-Turner, who was present to receive the resolution. On motion of Mr. Holland, seconded by Ms. Durfee, the Board adopted the following resolution: WHEREAS, violence in the home continues as a major social problem affecting all members of the family and community and dramatically reduces the quality of life for many citizens; and WHEREAS, we understand the problems of domestic violence occur among people of all ages and in families of all economic, racial, and social backgrounds; and WHEREAS, the crime of domestic violence violates an individual's privacy, dignity, security, and humanity, due to systematic use of physical, emotional, sexual, psychological and economic control and abuse; and WHEREAS, the impact of domestic violence is wide ranging, directly affecting women, men and their children and our community as a whole; and WHEREAS, Chesterfield County is committed to supporting the well being of families by advocating for intervention and prevention activities that decrease the incidents of domestic violence; and WHEREAS, only a coordinated and integrated effort, which obtains a commitment from all elements of the community to share responsibility in the fight against domestic violence, will put an end to this horrific crime. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 23Rd day of September 2009, publicly recognizes October 2009, as "Domestic Violence Awareness Month" and urges all citizens to actively support the efforts of the Chesterfield County Domestic and Sexual Violence Resource Center, the Chesterfield Domestic Violence Task Force and our local domestic violence service providers in working towards the elimination of domestic violence in our community. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. Ms. Durfee presented the executed resolution to Ms. Jones- Turner, accompanied by members of the Domestic Violence Task Force, and expressed appreciation for the efforts of domestic violence service providers towards eliminating domestic violence. J J J 09-553 09/23/09 Ms. Jones-Turner expressed appreciation to the Board for acknowledging October as "Domestic Violence Awareness Month." 16. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED MATTERS ^+f Ms. Ruth Chappell, Director of Colonial Heights Food Pantry, addressed the Board regarding funding for the pantry. Mr. Dale Bradshaw addressed the Board requesting funding for the Colonial Heights Food Pantry. Mr. Stan Kennedy addressed the Board regarding his concerns with the Rental Inspection Program. 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 19 u C lOSN0110 In Bermuda Magisterial District, BOBBY W. POWERS requests renewal of manufactured home permit 04SN0254 to permit a temporary manufactured home in a Residential (R-7) District on .35 acre known as 2621 Velda Road. The density of such amendment is approximately 2.9 units per acre. The Comprehensive Plan suggests the property is appropriate for community commercial use. Tax ID 794-666-5947. Mr. Turner stated Ms. Jaeckle is requesting deferral of Case lOSN0110 to October 28, 2009. Mr. Bobby Powers, the applicant, stated he is in agreement with the deferral. Mr. Warren called for public comment. No one came forward to speak to the deferral. On motion of Ms. Jaeckle, seconded by Ms. Durfee, the Board deferred Case lOSN0110 to October 28, 2009. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 08SN0235 In Midlothian Magisterial District, HOLIDAY SIGNS, INC. requests Conditional Use and amendment of zoning district map to permit a computer-controlled, variable message, electronic sign in a General Business (C-5) District on 11.2 acres fronting approximately 270 feet on the north line of Hull Street Road, approximately 420 feet east of Turner Road also fronting approximately 370 feet on the east line of Turner Road, approximately 280 feet north of Hull Street Road. Density will be controlled by zoning conditions or Ordinance 09-554 09/23/09 standards. The Comprehensive Plan suggests the property is appropriate for general commercial/light industrial and mixed use corridor uses. Tax ID 765-698-Part of 9008. Mr. Turner stated Mr. Gecker is requesting deferral of Case 08SN0235 to November 18, 2009. Mr. Gecker stated the applicant had another meeting to attend and notified the Planning Department of their agreement with the deferral. Mr. Warren called for public comment. No one came forward to speak to the deferral. On motion of Mr. Gecker, seconded by Ms. Durfee, the Board deferred Case 08SN0235 to November 18, 2009. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. n9~un~~~ In Bermuda Magisterial District, WILTON DEVELOPMENT CORPORATION requests amendment of zoning (Case 05SN0164) and amendment of zoning district map relative to phasing of construction in a Residential Townhouse (R-TH) District on 124.8 acres fronting 2300 feet on the north line of Iron Bridge Road, 300 feet west of West Hundred Road. Density will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for residential use of 2.5 dwellings per acre or less and office/residential mixed use. Tax ID 784-654-3844. Mr. Turner presented a summary of Case 09SN0225 and stated staff and the Planning Commission recommended approval and acceptance of the proffered condition. Mr. John Easter, the applicant's representative, stated the condition was acceptable. Mr. Warren called for public comment. No one came forward to speak to the deferral. On motion of Ms. Jaeckle, seconded by Mr. Gecker, the Board approved Case 09SN0225 and accepted the following proffered conditions: The applicant in this rezoning case, pursuant to Section 15.2-2298 of the Code of Virginia (1950) (as amended) and the Zoning Ordinance of Chesterfield County, for itself (the "Applicant") and for its successors or assigns (the "Developer"), proffers that the property under consideration (the "Property") will be developed by the Developer according to the following amended and restated proffer, which shall replace Proffered Condition 16 of Case 05SN0164, if, and only if, the rezoning request submitted herewith is granted with only those conditions agreed to by the Applicant. In the event this request is denied or approved with conditions not agreed to by the Applicant, the proffers shall immediately be null and void and of no further force or effect. J J J 09-555 09/23/09 Open Space/Recreation Area. Open space/recreation area shall be provided for each Land Bay of the residential portion of the development, to provide a "focal point" in the vicinity of one entry to each Land Bay. The focal point for the benefit of each Land Bay shall be a minimum of 0.5 acres, and part of the area shall be "hardscaped" and have benches and other amenities that accommodate and facilitate gatherings. The total area devoted to active and passive recreation within the residential portion of the development shall be a minimum of four (4) acres and shall include a clubhouse area, with a minimum of 1.5 acres_ ThP rl„hhn„~A building and its related amenities shall be substantially complete, as determined by the Planning Department, prior to the recordation of a cumulative total of more than 89 residential lots. Within ninety (90) days of approval of this request, the developer shall provide a bond to the Chesterfield County Planning Department to assure such construction of the clubhouse, which may be drawn upon by the County in the event the clubhouse building has not been constructed within four (4) years from the issuance of the certificate of occupancy for the first new residential building on the Property. The clubhouse building and its adjoining active recreational facilities shall be located a minimum of 500 feet from the property line adjacent to the Lakewood Farms subdivision. The exact design and location of the focal points and clubhouse area shall be approved by the Planning Department at the time of tentative subdivision review. (P) U L+J (Note: This condition modifies Proffered Condition 16 of Case OSSN0164 only. All other conditions of zoning approval for Case 05SN0164 shall remain in effect.) 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. Mr. Robert Jarvis, Executive Vice President of Talley Sign Company, stated the Planning Commission recommended approval of the request. He stated the process has been ongoing for quite some time and he feels there is no viable reason why an 09-556 09/23/09 approval from the Board cannot be forthcoming. He further stated additional information will not shed any new or constructive light on the request. He stated after the August Board meeting he emailed each of the Board members with additional information. He further stated some of the nuances discussed in August do not need to be discussed again, but he was open to any questions of the Board. Mr. Warren called for public comment. Mr. Paul Grasewicz, a Clover Hill Resident, spoke in opposition to the electronic message centers. He stated allowing a sign such as of this contradicts the purpose of improving the streetscape along Midlothian Turnpike. Mr. David Durrett, representing Tronfield, West and Durrett, presented photos to the Board representing electronic signs approved along Midlothian Turnpike. He provided the Board with a historical perspective of Tronfield, West and Durrett. He stated Tronfield, West and Durrett initially attempted to obtain approval for an electronic sign in 1997, but was informed they were not eligible for the electronic sign. He further stated the applicant built a brick encased sign, which holds the firm's logo along with the time and temperature. He stated there are three other businesses along Midlothian Turnpike, within 2 miles of their location, which has received approval for electronic signs - the Honda dealership, NurseFinders, and Sprint. He further stated the issue which is prohibiting the applicant from being allowed to obtain approval is the distance issue, which the closest electronic sign is 870 feet away. He stated the required distance of 2,000 feet is an arbitrary figure that is not being applied fairly. He further stated the process for the application began with a pre-application conference in May 2007, with. the application filed in March 2008. He stated the Planning Commission approved the request. He further stated the applicant is essentially requesting the time and temperature be replaced with an electronic message board. There being no one else to address the request, the public hearing was closed. Mr. Gecker stated he owed the applicant an apology because Mr. Jarvis requested the Board make a decision on the request at last month's meeting rather than allow time to review details of the request. He further stated he was not prepared to aggregate the sign policy. Ms. Jaeckle stated not allowing electronic signs in the older areas of the county will be a detriment to the revitalization efforts. Mr. Gecker stated not allowing an electronic sign in older areas is not a detriment to revitalization. He further stated the county currently has different standards in areas for revitalization which provide the economic and development incentive. He stated the county has spent millions of dollars on the eastern portion of the Midlothian corridor with the acquisition of Cloverleaf and allowing the electronic signs is not necessary with the effort to upgrade that portion or the central portion of the corridor. J J J 09-557 09/23/09 Mr. Warren stated he is going to support staff's recommendation due to the request not complying with the adopted message center policy. C•7 C In response to Ms. Durfee's question, Mr. Gecker stated the applicant is looking to change the time and temperature sign into an electronic sign. Ms. Durfee stated the county is going to have varying types of requests in front of us . Mr. Gecker stated the Board did not deny or defer the electronic sign policy today. He further stated the board denied setting a public hearing on the ordinance sent up by the Planning Commission which would have made these signs a matter of right in certain areas of the county. He stated the Planning Commission is working on a revised electronic sign policy, which will discuss distance between signs, the amount of time between change of copy and how many lines of copy will be permitted. He further stated the county has a policy in place which attempts to prevent the clutter or the accumulation of these signs in a short distance. On motion of Mr. Gecker, seconded by Mr. Holland, the Board denied Case 08SN0224. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. nocun~n~ In Midlothian Magisterial District, REBKEE COMPANY requests amendment of Conditional Use Planned Development (Case 06SN0191) and amendment of zoning district map relative to building size in a General Industrial (I-2) District on 15.4 acres fronting 450 feet on the west line of Watkins Centre Parkway, 900 feet north of Midlothian Turnpike. Density will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for regional employment center. Tax ID 715-712-3410. Ms. Peterson presented a summary of Case 09SN0203 and stated the Planning Commission recommended approval and acceptance of the proffered condition. She further stated staff recommends denial due to the request failing to adequately address architectural standards that would successfully integrate this larger commercial user into a project originally conditioned to provide appropriate land use transition. Mr. Andy Scherzer, the applicant's representative, stated the proffered condition is acceptable and requested approval of the request. Mr. Warren called for public comment. There being no one to address the request, the public hearing was closed. Mr. Gecker stated this request is an issue of aesthetics of the interior of a major center with various owners. He 09-558 09/23/09 further stated he has received no objections to the proposed request. On motion of Mr. Gecker, seconded by Ms. Durfee, the Board approved Case 09SN0203 and accepted the following proffered conditions: Uses within the eastern, commercial portion of Tract C shall be limited to an overall maximum of 8,000 square feet per acre, and no individual user may exceed 70,000 gross square feet with the exception that one user shall be permitted to have up to 122,000 gross square feet provided that in addition to the requirements of Textual Statement Item IIE the architectural style, materials, and colors of buildings shall be compatible with that shown on the elevations prepared by Balzer & Associates, Inc. titled "Proposed Shoppes at Westchester Phase II", dated July 27, 2009. (P) (Note: This proffer supersedes Textual Statement Item IIC.2 of Case 06SN0191 for the subject property.) Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 095N0223 In Matoaca Magisterial District, UPHOFF VENTURES LLC requests amendment of zoning (Case 98SN0137) and amendment of zoning district map relative to architectural compatibility and signage plus Conditional Use Planned Development to permit exceptions to Ordinance requirements in a Regional Business (C-4) District on 12.4 acres located in the southwest corner of the intersection of Commonwealth Centre and Brad McNeer Parkways. Density will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for regional mixed use. Tax ID 735- 676-7007. Ms. Darla Orr presented a summary of Case 09SN0223 and stated the Planning Commission and staff recommended approval of the request subject to the conditions and acceptance of the proffered conditions. Mr. Andy Scherzer, the applicant's representative, stated the issues have been narrowed down to one issue. He further stated the question is what a sign is and what an architectural element is. He provided the Board members with details of the provisions made by the owner of the property. He stated the bowling pin is not visible from Hull Street Road or Route 288. Ms. Andrea Epps, a resident of Brandermill, stated she is not opposed to the use of the building but is opposed to the proposed bowling pin which will be placed on top of the building. Ms. Gail King, resident of Dale District, inquired what happens when this building is no longer a bowling alley. She stated this will be a detriment to the county, and she is opposed to the bowling pin. J J J 09-559 09/23/09 Mr. Neil Lappe, Chairman of the Chesterfield Chamber of Commerce, stated the Chamber and its 700 members support Mr. Uphoff request. u U C Mr. Paul Grasewicz, a Clover Hill resident, spoke in opposition to the proposed roof-mounted bowling pin. Mr. Darren Gardner spoke in opposition to the proposed roof- mounted bowling pin. Ms. Debbie Girvin spoke in support of the proposed roof-top bowling pin, stating the bowling pin will help customers find the location of the bowling alley. Ms. Shelly Schutz expressed appreciation to Mr. Steve Uphoff, the applicant, for his willingness to invest in Chesterfield. She spoke in support of the request. Mr. Bob Schrum, with the Chesterfield Chamber of Commerce, encouraged the Board to support the applicant's request. He stated the applicant has hired the best to help design this building. Mr. Steve Uphoff stated this project will provide a premier opportunity for the children of Chesterfield County. He stated he hired the best of the best to assist with the design of the bowling facility. He provided the details of the background of the project. Mr. Scherzer stated he has met with neighbors and citizens to attempt to make this case work. At the request of Ms. Durfee, Ms. Orr read the following memo from Mr. Edward De Gennaro, relative to the position of the Terraces of Swift Creek: Mr. Chairman and members of the board, as the spokesperson for the adjacent property owners to the Commonwealth 300 project living in the Terraces of Swift Creek community, I regret that I am unable to attend tonight's meeting due to a contractual obligation. I would rather have been present tonight to discuss this case with you. Just the same, I felt it was important to provide some comments about this case and offer some insights from the residents of "the Terraces". I first became aware of this case in January of 2008, just a few weeks after moving into the neighborhood. As a good neighbor, I organized a community meeting with the developer, county planning staff, and Wayne Bass, our county planning commissioner. At that time, this project was already zoned and included a bowling/entertainment center as well as retail shops. A number of issues were raised by residents at this meeting including whether a bowling/recreation center should be placed adjacent to our residential community, the visibility of the buildings to the residents, noise, people living outside the Terraces walking through our neighborhood to the bowling/recreation center, lighting from this property over the wall separating the properties, safety issues, and the architectural appearance of the bowling/recreation center. Since that initial meeting, there have been two additional community meetings, one that also included our Matoaca District Supervisor, Ms. Durfee. While the residents in the Terraces community would have preferred not to have a bowling/recreation center directly adjacent and behind their community, they have accepted the conditions the developer 09-560 09/23/09 has offered in order to mitigate the impact of this development on our community. For example, the developer has agreed to build a wall with a six foot solid plastic fence on top of it so that residents in the back row of our community will not be able to see any of the buildings in this development from the second floor of their homes, nor will they be able to see the top of the bowling pin sign on top of the bowling/recreation center building. The developer has also agreed to lowering the lighting in the parking lot and to blacking out the back of the parking lot lights so that they do not shine into our neighborhood. One issue that is still a concern for us is the number of people that will walk through our neighborhood to the bowling/recreation center. As you may know, when the Terraces community was built, the county asked the developer (D.O. Allen) to build a path through the community enabling residents to walk to the shopping center that surrounds us. What has occurred is that individuals living in surrounding properties use this path to cut through our neighborhood. In essence, they are using our private property as a cut through. This was not the original intent of this path; it was designed for the residents of the Terraces. One solution is to build a fence along the path.., that would keep those using it out of our neighborhood. It was my contention that because the bowling center would create a huge amount of additional foot traffic on this cut through path, this new project should bear the cost of the fence. As a gesture, the developer has offered $5,000 towardsi this fence. The project will cost more than three times this 1, amount. In my opinion, this is a serious issue that remains unresolved as this case comes before you tonight. Solutions other than a fence may rectify the situation, but that remains to be determined. I ask that you consider helping us develop a solution to this problem as you consider this case tonight. To summarize, the residents of the Terraces would have preferred not to have this bowling/recreation center' adjacent to their community. In response to this, the! developer has worked for over a year to hear concerns and has attempted to address them through a variety of techniques. Based on these considerations, the Terraces residents are cautiously optimistic that this new project will be harmonious with our community. Since the community never took a formal vote to support or oppose this project, I cannot offer a formal community position. Instead, I repeat that the community is cautiously optimistic that this new project will be harmonious with our community. We are also eager to work with the developer and the onsite personnel of the new bowling/recreation center to ensure a positive relationship. We are also eager to work with the developer and the county to find a solution to the cut through pedestrians using our community's path. Ms . Durfee expressed appreciation for all of the input from the citizens either in support or opposition to this request. She stated the rezoning process has worked great with Mr. Uphoff, Mr. Scherzer, Mr. Bass, Mr. De Gennaro and the legal adjacent property owners meeting on numerous occasions on this request. She further stated throughout the process she was not made aware of any area residents that were angry or upset at the meetings. She stated Mr. Uphoff stated he wanted to receive input from residents to understand the concerns of the residents. She further stated the request is not a new rezoning, it is an amendment to the zoning which was approved in 1998. She stated the request is located in a J J J 09-561 09/23/09 l~J mixed use development which allows a bowling alley, which the residents of The Terraces knew about when they moved into that location. She further stated the location is going to be an entertainment alley, which is a great opportunity for the county. She stated the bowling pin will not be able to be seen along Route 288 or Hull Street Road except for a brief moment. She further stated if the business does not succeed the building will also house a restaurant and a conference center. She stated the legal adjacent homeowners were notified of the request and met with the applicant. She provided details of the county's current rezoning process relative to notification of legal adjacent property owners. She expressed appreciation for Mr. Uphoff's willingness to invest back into the county. She addressed the concern Mr. De Gennaro raised relative to having a fence to keep individuals from trespassing on the properties in The Terraces and the agreement reached with Mr. Uphoff. In response to Mr. Holland's question, Mr. Scherzer stated there have been no other facilities built in the area with a similar roof mounted object. In response to Mr. Holland's question, Mr. Steven Steele, the architect for Uptown Alley, stated the bowling pin is actually incorporated into the structure of the building with a two-story restaurant located inside it. Ms. Jaeckle stated she can understand why the Planning Department recommended denial for the bowling pin because of what the county regulations say, but it is the Board's job to look at the regulations and see exceptions. She expressed appreciation for Mr. Uphoff's willingness to work with the parcel and keeping the business in Chesterfield County. In response to Mr. Warren's question, Mr. Turner stated if the Board was to approve this application, it may encourage other developers to seek similar exceptions, but it would not set precedence for approval. Mr. Gecker stated the Board has spent a lot of time on a case that is straight forward. He further stated the bowling pin is not visible anywhere except internal to Commonwealth Center. He stated he does not view this request as precedent setting in the county, due to the site having unusual topography and the developers using the bowling pin feature to-make the site viable. On motion of Ms. Durfee, seconded by Mr. Holland, the Board approved Case 09SN0223 subject to the following conditions: 1. With the approval of this request, Condition 7 of Case 98SN0137 shall be deleted for the request property only. (P) 2. With the approval of this request, Condition 28 of Case 98SN0137 shall be deleted for the request property only. (P) And, further, the Board accepted the following proffered conditions: 1. The Textual Statement dated August 4, 2009 shall be considered the Master Plan. (P) 09-562 09/23/09 2. Freestanding business identification signs shall be monument style signs. (P) (Staff Note: This proffered condition modifies Condition 17 of Case 98SN0137 to allow freestanding business signs on the request property to employ colors which may not be used within the Commonwealth Center development.) (Note: Except as modified herein, all other conditions of Case 98SN0137 remain in force and effect.) Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 18. PUBLIC HEARINGS 18.A. TO CONSIDER AMENDMENTS TO SECTIONS 14-26, 14-27 AND 14-28 OF THE COUNTY CODE REGULATING EXCESSIVE NOISE AND PROVIDING FOR A PENALTY Ms. McGee stated this date .and time had been advertised for the Board to consider amendments to Sections 14-26, 14-27 and 14-28 of the County Code regulating excessive noise and providing for a penalty. She provided the Board with details of the proposed noise ordinance changes. Mr. Warren called for public comment. Mr. Chris Smiley spoke in opposition to the dog barking portion of the noise ordinance. Ms. Andrea Epps expressed concerns relative to several portions of the noise ordinance and how they will be enforced. Ms. Cristina Bailey spoke in support of the noise ordinance. Mr. Milton Hawkins inquired whether businesses that have music playing after midnight will be subject to the noise ordinance. Mr. Darren Gardner spoke in support of the noise ordinance. Mr. Freddy Boisseau, a Bermuda District resident, spoke in support of the noise ordinance. Mr. John Easter spoke in support of the noise ordinance and the proposed changes. He suggested broaden the distance which the county measures audibility from 50 feet. Mr. George West, a Midlothian District resident, questioned whether generators are going to be considered under the noise ordinance. Ms. Shelly Schutz questioned whether the noise ordinance could have a stipulation placed in it with regards to the penalty portion relative to the number of times a complaint is received on an individual address. J J J 09-563 09/23/09 Ms. Roberta Hawkins stated the county still does not understand how sound works. She spoke in support of the noise ordinance. u u Ms. Joyce Wilkerson expressed concerns relative to the dog barking with people with kennel licenses and a provision not being in the noise ordinance. Mr. Warren closed the public hearing. In response to Mr. Warren's questions, Ms. McGee stated the timing of the continuous barking portion of the ordinance could either be timed by the neighbor or the police officer. She further stated less than 5 percent of the complaints in 2008 resulted in summonses. She stated there is no exception for kennels. She further stated the ordinance has been on the books for a number of years and there have not been any complaints on the running of generators. Mr. Warren stated the Police Department and the Commonwealth Attorney's office is trying to make the noise ordinance more workable. In response to Ms. Durfee's questions, Ms. McGee stated the garbage and refuse portion of the noise ordinance was heavily negotiated with the waste industry during the establishment of the original noise ordinance. She further stated the fine of $100 for the first offense is less than other localities in the state. In response to Mr. Holland's question, Ms. McGee stated the 50-foot distance for music from motor vehicles has been in the county's ordinance for a number of years. She further stated there is a broad range of distances used by other localities in their noise ordinances. Mr. Holland expressed appreciation for the exemption of farm animals in agricultural districts. Ms. McGee stated she spoke with several citizens regarding the farm animal exemption. Discussion ensued relative to the time limitations on lawn care and refuse pick up occupations. Mr. Warren expressed appreciation for the work Ms. McGee has put into the noise ordinance. He stated a noise ordinance needs to be adopted so the Police Department has a policy they can enforce. He further stated the noise ordinance can be revisited in the future if some of the things are not being adhered to or creating unnecessary problems for our residents. Mr. Gecker stated the county had a noise ordinance similar to Virginia Beach's noise ordinance, which was declared unconstitutional, and that is, why the noise ordinance was being revised. He further stated the original noise ordinance the county had worked pretty well based on the statistics provided by Ms. McGee. He stated the noise ordinance is not going to stop neighbors from holding grudges against each other. He further stated the 50-foot distance seems to be consistent with the model ordinance. He stated 09-564 09/23/09 he agrees that the time limitation for the lawn care portion of the ordinance should be from 10:00 p.m. to 7:00 a.m. On motion of Mr. Gecker, seconded by Ms. Durfee, the Board adopted the following ordinance: AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY REPEALING SECTIONS 14- 26 AND 14-28 AND AMENDING AND RE-ENACTING SECTION 14-27 RELATING TO NOISE BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Sections 14-26 and 14-28 of the Code of the County of Chesterfield, 1997, as amended, are repealed and Section 14-27 is amended and re-enacted to read as follows: Sec. 14-26. Reserved. Sec. 14-27. Loud noises prohibited. It shall be unlawful for any person: (a) to use, operate or play any radio, phonograph, television, record, compact disc or tape player, or musical instrument, loudspeaker, sound amplifier or other machine or device capable of producing or reproducing sound in such a manner or with such volume or duration that it is plainly audible, between 12:01 a.m. and 7:00 a.m., (i) inside the confines of the dwelling unit, house or apartment of another person or (ii) at fifty (50) or more feet from the device, except for devices permitted to be used at public parks or recreation fields, sporting events, school-sponsored activities on school grounds, or duly authorized parades, public functions or commemorative events. (b) to allow noise between the hours of 12:01 a.m. and 7:00 a.m. that is plainly audible either inside the confines of the dwelling unit, house or apartment of another person or at fifty (50) or more feet when the noise is generated from a gathering of ten or more people. (c) to allow any animal or bird except farm animals in agricultural districts to create noise such that it is plainly audible at least once a minute for 10 consecutive minutes (i) inside the confines of the, dwelling unit, house or apartment of another; or (ii) at fifty (50) or more feet from the animal or bird. ', (d) to operate, install, have, or permit on the outside of any store, shop, business establishment, warehouse or .commercial building, any loudspeaker or other sound- producing or reproducing device capable of emitting music, noise, sounds, tapes or voice in such manner that it is plainly audible on any public sidewalk or street unless it is used only intermittently for announcing or paging an individual or unless it signals the ringing of a telephone, danger from smoke, a fire or a burglary or the beginning or stopping of work or school, or unless it is operated in accordance with conditions of zoning. J J J 09-565 09/23/09 u (e) to play or permit the playing of any radio, stereo, tape player, compact disc player, loud speaker or other electronic device or mechanical equipment used for the amplification of sound, which is located within a motor vehicle and which is plainly audible from outside the motor vehicle at a distance of 50 feet or more from the vehicle. This provision shall not apply to sirens, loud speakers and emergency communications radios in public safety vehicles, nor shall it apply to motor vehicle alarms or other security devices. (f) to create plainly audible noise in residential areas between 10:00 p.m. and 5:00 a.m. in connection with the loading or unloading of refuse, waste or recycling collection vehicles. (g) to create plainly audible noise in residential areas between 10:00 p.m. and 7:00 a.m. in connection with lawn care, leaf removal, gardening, tree maintenance or removal and other landscaping, lawn or timbering activities. (h) Violations of this section shall constitute a misdemeanor punishable by a fine of not less than $100 nor more than $500. (Code 1978, § 15.1-25) Cross references: Unnecessary noise in operation of motor vehicles, § 13-15; zoning, ch. 19. State law references: Authority to regulate noise, Code of Virginia, §§ 15.2-917, 15.2-919. Sec. 14-28. Reserved. (2) That this ordinance shall become effective immediately upon adoption. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 18.H. 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 Mr. Joe Feest stated this date and time had been advertised for the Board 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. He provided a brief summary of the proposed amendments relative to the wind energy systems. Mr. Warren called for public comment. No one came forward to address the issue. Mr. Gecker stated the wind energy systems are essentially the visual equivalent to cell towers being placed in agricultural districts. He further stated it would be appropriate to have more thought focused on the proposed amendments relative to 09-566 09/23/09 wind energy systems, such as the demand for these systems, the placement of these systems and if the county has enough wind to make them worthwhile. Mr. Warren inquired about the number of jurisdictions in Virginia and along the eastern United States that have adopted wind energy systems. Ms. Durfee stated a lot of jurisdictions in the western part of the state have approved wind energy systems. She stated she would support a deferral but not a lengthy deferral. Ms. Jaeckle stated citizens may think windmills are great until they are located on the property adjacent to them. Mr. Turner stated staff would prepare information for a work session on October 28, 2009. On motion of Mr. Gecker, seconded by Ms. Durfee, the Board deferred consideration of the 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 to October 28, 2009. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 18.C. TO CONSIDER REVISING SECTION 10-10 OF THE COUNTY CODE RELATING TO SERVICE FEES FOR EMERGENCY AMBULANCE TRANSPORT AND ESTABLISHING RATES Chief Senter stated this date and time had been advertised for the Board to consider revising Section 10-10 of the County Code relating to service fees for emergency ambulance transport and establishing rates. 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. Holland, 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 10-10 RELATING TO SERVICE FEES FOR EMERGENCY AMBULANCE TRANSPORT BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Section 10-10 of the Code of the County of Chesterfield, 1997, as amended, is amended and re-enacted to read as follows: Sec. 10-10. Service fees for emergency ambulance transport. (a) Pursuant to Code of Virginia, § 32.1-111.14, it is hereby determined and declared that the exercise of the powers and duties set forth herein is necessary to assure the provision of adequate and continuing emergency services and 09-567 09/23/09 3 J J J to preserve, protect and promote the public health, safety and general welfare. ^~- ~_J ^+~! (b) Definitions. The following definitions shall apply to ambulance charges: Basic life support (BLS), Advanced life support level 1 (ALS-1), and Advanced life support level 2 (ALS-2) shall be those services as defined by applicable federal or state regulations and administered in accordance with applicable law. Ground transport mileage (GTM) shall be assessed from the location of the point of pick-up of the patient to a hospital or other facility where a patient is transported. (c) The schedule of rates for emergency ambulance transport services by the county department of fire and emergency medical services (including any volunteer rescue squad with which Chesterfield Fire and EMS has a billing agreement) shall be as follows: Service Fee BLS $ 350.00 ALS-1 450.00 ALS-2 575.00 GTM 8.50 per patient loaded mile in addition to transport charges (d) The chief of the county department of fire and emergency medical services is hereby authorized and directed to establish policies and procedures, and to execute and maintain documentation necessary for the administration of this program, including, but not limited to, a subscription program for county residents or other eligible persons, and payment standards for those persons who demonstrate economic hardship, as permitted by applicable law. (2) That this ordinance shall become effective immediately upon adoption Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 18.D. TO CONSIDER REPEALING SECTION 14-13 OF THE COUNTY CODE RELATING TO BUSINESSES REPORTING SALES OF HANDGUNS TO THE CIRCUIT COURT CLERK Mr. Micas stated this date and time had been advertised for the Board to consider repealing Section 14-13 of the County Code relating to businesses reporting sales of handguns to the Circuit Court Clerk. He further stated this ordinance has never been applied in Chesterfield County. Mr. Warren called for public comment. Mr. Phillip Van Cleave, with the Virginia Citizens Defense League, stated this ordinance is not currently being used in any locality in Virginia. 09-568 09/23/09 Mr. Chris Holden spoke in support of the ordinance. Ms. Shelly Schutz, a Matoaca District residence, spoke in support of being notified when a gun is purchased. There being no one else to address the request, the public hearing was closed. Mr. Gecker stated the request is not whether or not the county is notified of a purchase of a gun, it is to clean up the ordinance. He further stated purchases of guns are tracked through the Police Department. 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 REPEALING SECTION 14-13 RELATING TO REPORT OF SALES OF PISTOLS AND REVOLVERS BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Section 14-13 of the Code of the County of Chesterfield, 1997, as amended, is repealed as follows: (2) That this ordinance shall become effective immediately upon adoption. 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 10:18 p.m. to October 14, 2009 at 3:00 p.m. in the Public Meeting Room. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. J J J J mes J Stegm er ounty Administrator Arthur S. Warren Chairman 09-569 09/23/09