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2009-10-14 MinutesBOARD OF SUPERVISORS MINUTES October 14, 2009 C u u Supervisors in Attendance: Mr. Arthur S. Warren, Chairman Mr. Daniel A. Gecker, Vice Chrm. Ms. Dorothy Jaeckle Mr. James "Jim" Holland Ms. Marleen K. Durfee Mr. James J. L. Stegmaier County Administrator Staff in Attendance: Ms. Janice Blakley, Clerk to the Board Mr.. Kevin Bruny Chief Learning Officer Ms. Debbie Burcham, Exec. Dir., Community Services Board Mr. Allan Carmody, Dir., Budget and .Management Ms. Marilyn Cole, Asst. County Administrator Mr. Barry Condrey, Chief Information Officer Mr. Roy Covington, Dir., Utilities Ms. Mary Ann Curtin, Dir., Intergovtl. Relations Mr. Jonathan Davis, Dir., Real Estate Assessments Colonel Thierry Dupuis, Police Department Ms. Karla Gerner, Dir., Human Resource Management Mr. John W. Harmon, Real Property Manager Mr. Russell Harris, Mgr. of Community Development Services Mr. Rob Key, Director, General Services Ms. Mary Lou Lyle, Acting Deputy County Admin., Management Services Mr. John McCracken, Dir., Transportation Mr. Richard M. McElfish, Dir., Env. Engineering Mr. Steven L. Micas, County Attorney Mr. Jay Payne, Asst. to Dep. County Administrator Ms. Chris Ruth, Asst. Dir., Public Affairs Chief Edward Senter, Fire Department Ms. Sarah Snead, Acting Deputy County Admin., Human Services Mr. M. D. Stith, Jr., Deputy County Admin., Community Development Mr. Kirk Turner, Dir., Planning 09-570 10/14/09 1. APPROVAL OF MINUTES FOR SEPTEMBER 23, 2009 On motion of Mr. Holland, seconded by Ms. Durfee, the Board approved the minutes for September 23, 2009, as submitted. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 2. COUNTY ADMINISTRATOR'S COMMENTS 2.A. COUNTY ADMINISTRATOR'S REPORT Mr. Stegmaier provided an update to the Board regarding the status of the postal zip code proposal and the next steps to be taken by staff . In response to Mr. Warren's request, Mr. Stegmaier stated staff will provide the Board with a copy of the written document outlining the items the post office is willing to compromise on before it is submitted to the post office. In response to Ms. Durfee's question, Mr. Stegmaier stated the inquiries received by staff when presentations were made to the citizens on the proposed zip code changes about the Ettrick-Matoaca area have been included in the proposal being sent to the post office. Ms. Durfee stated the zip code 23838 extends all the way out Hull Street Road and she has received concerns from citizens who have to come to Chester to pick up packages at the post office. Mr. Stegmaier stated staff will add the concern regarding the 23838 zip code to the list which will be forwarded to the post office. He further stated a plan was released from the post office where they were looking at closing branch offices as opposed to expanding them. 3. BOARD MEMBER REPORTS Ms. Durfee stated she wanted to send prayers to the family members of three Cosby High School students who were injured during an accident at Lucky's Convenience Store. Mr. Holland stated there are. two meetings scheduled in the Dale District on the budget presentation, one on November 5 at the Meadowdale Library and the other on November 17 at Salem Church Middle School. Mr. Warren stated a community meeting on the H1N1 Influenza has been held in the Clover Hill District. He further stated another community meeting on the budget will be held on November 16. Ms. Durfee stated the Ettrick Clean Up Day was held in which over 110 youths participated. She further stated the Comprehensive Plan community meetings were held in the Matoaca District and over 100 citizens attended the two meetings. J J J 09-571 10/14/09 4. REQUESTS TO POSTPONE AGENDA ITEMS AND ADDITIONS, DELETIONS OR CHANGES IN THE ORDER OF PRESENTATION ^i ~J There were no requests at this time. 5. RESOLUTIONS 5.A. RECOGNIZING GATEWAY HOMES FOR EXEMPLARY EFFORTS IN THE FIGHT AGAINST MENTAL ILLNESS Ms. Ruth introduced Mr. Daniel Herr, Executive Director, and Ms. Heather Parrish, Director of Development, for Gateway Homes, who were present to receive the resolution. On motion of Mr. Gecker, seconded by Ms. Durfee, the Board adopted the following resolution: WHEREAS, one in five people will experience mental illness in their lifetime, or know someone personally who has a mental illness; and WHEREAS, the number one reason for hospital admissions nationwide is a biological, psychiatric disorder; and WHEREAS, more than 54 million Americans have a mental disorder, although fewer than 8 million seek treatment; and WHEREAS, it is estimated that up to one-third of those individuals who experience homelessness have some form of mental illness; and WHEREAS, Gateway Homes of Greater Richmond is the only nonprofit organization in Virginia that provides transitional, residential treatment for adults with mental illness; and WHEREAS, Gateway Homes of Greater Richmond is located in the Matoaca District on Reedy Branch Road; and WHEREAS, Gateway Homes of Greater Richmond works to help these individuals live as independently as possible; and WHEREAS, residents of Gateway Homes participate in daily educational and therapeutic psychosocial rehabilitation; and WHEREAS, these activities foster physical, mental and emotional well being in each Gateway Homes resident; and WHEREAS, due to its many efforts to assist those with mental illnesses, Gateway Homes of Greater Richmond has been selected as an award recipient in the Heroes in the Fight program; and WHEREAS, Gateway Homes of Greater Richmond was recognized by The Voices for Virginia's Children, Mental Health America of Virginia, the National Alliance on Mental Illness of Virginia, the Psychiatric Society of Virginia and the Virginia Association of Community Services Boards for providing exemplary care and dedication to those affected by severe and persistent mental illness. 09-572 10/14/09 NOW, THEREFORE, BE IT RESOLVED, that the Chesterfield Board of Supervisors, this 14th day of October 2009, publicly recognizes the exemplary commitment of Gateway Homes of Greater Richmond to win the fight against mental illness, and congratulates Gateway Homes of Greater Richmond on its selection as a recipient of the Heroes in the Fight program award. AND, BE IT FURTHER RESOLVED, that a copy of this resolution be presented to Gateway Homes of Greater Richmond, and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. Mr . Holland and Ms . Durfee presented the executed resolution to Mr. Herr and Ms. Parrish and expressed appreciation for their dedication to the citizens of Chesterfield County with mental disabilities. Mr. Herr expressed appreciation for the recognition. 6. WORK SESSIONS 6.A. 2010 LEGISLATIVE PROGRAM Ms. Curtin presented the draft 2010 legislative program. She stated there are a lot of unknowns going into the 2010 General Assembly Session with the election of three statewide offices, which means new cabinet secretaries and agency heads, there will be new members in the House of Delegates as well. She further stated there will be continuing revenue reductions at the state level. She highlighted some of the' concerns and issues identified by Board members, including unfunded mandates; earlier communication on bills to avoid last minute "surprises"; review of state and local tax structure; transportation funding and economic development; JLARC study of incentives for facility construction for use by multiple jurisdictions; stormwater regulations; and lack of flexibility in use of state funds. She stated the guiding principle for the 2010 draft legislative program is to maintain AAA rating, financial independence and fiscal integrity of Chesterfield County. She reviewed the key focus areas in protecting the county's finances; issues from previous sessions and legislative studies or regulatory actions which may affect the county; and state budget issues impacting county finances. She further reviewed specific legislative requests. She reviewed the calendar of important dates related to the 2010 session. Mr. Warren stated that reviewing the legislative program is an annual process. He suggested once a briefing is scheduled with the new delegate from the 69th House District, the county should try to schedule a briefing with the Governor-elect, Lieutenant Governor-elect, and the Attorney General-elect prior to January. Mr. Gecker requested that the item to ask JLARC to do a study of the potential benefits of joint use of facilities or services between localities be added to the legislative J J J 09-573 10/14/09 program. He further stated having JLARC do a study is a priority of his and hopefully it will become a priority of the Board's. He further stated the City of Richmond is also going to request a JLARC study to analyze the cost benefits by either cooperating on capital projects or on certain services. u u Ms. Curtin stated staff can move forward with requesting JLARC to do a study. In response to Mr. Warren's question, Mr. Gecker stated it has been suggested by certain legislators to begin the process of sharing capital costs among localities by requesting JLARC to do an unbiased study to see if there are any types of opportunities going forward. He further stated he believes the JLARC study will make the RRPDC and the City of Richmond's legislative agendas. He stated Chesterfield is not committing to anything other than requesting the General Assembly to take a good look at the possibilities and see if there are any financial incentives for localities. Ms. Durfee expressed appreciation to Ms. Curtin and staff for the different approach taken this year gathering input from the Board as well as assisting RRPDC with their legislative agenda. She inquired whether there have been discussions about what type of tools could be given to localities, if the state cost shifting continues. 7. DEFERRED ITEMS There were no Deferred Items at this time. 8. NEW BUSINESS 8.A. CLAIM OF BON AIR ANIMAL HOSPITAL Mr. Parthemos provided a brief background on the claim of Bon Air Animal Hospital. Mr. Covington explained the process that is taken when a property has been identified as having an improper sewer connection. In response to Mr. warren's question, Mr. Covington stated the process for collection of sewer connection fees is in the policy. In response to Mr. Gecker's questions, Mr. Covington stated at one time there was a location for a septic field on the site, but not in recent years. He .further stated the site plan shows an extension sewer line on the property. Mr. Gecker stated in 1975 there was a plan to connect to the sewer system and our records do not show it was paid. Discussion ensued relative to the inspection records and the building plans from 1975. Dr. Gary Zavik, one of the owners of Bon Air Animal Hospital, stated the property was purchased in August 2007, which according to Chesterfield County was on a septic system. He 09-574 10/14/09 provided details of the work done by the Bon Air Animal Hospital to rectify the problem with the Utilities Department. He requested the Board to approve the claim. In response to Mr. Gecker's question, Mr. Zavik stated Bon Air Animal Hospital moved from Richmond to Chesterfield. In response to Mr. Gecker's question, Mr. Parthemos stated the county collected $950 from SunTrust. On motion of Mr. Gecker, seconded by Mr. Holland, the Board accepted the claim of Bon Air Animal Hospital. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 8.B. APPOINTMENTS On motion of Mr. Holland, seconded by Mr. Warren, the Board suspended its rules to allow simultaneous nomination/ reappointment of members to serve on the GRTC Transit System Board of Directors. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 8.B.1. GRTC BOARD OF DIRECTORS On motion of Ms. Durfee, seconded by Mr. Gecker, the Board simultaneously nominated/reappointed Mr. Daniel K. Smith, Mr. David Matthews and Mr. Gary Armstrong to serve on the GRTC Transit System Board of Directors, effective October 21, 2009 and will expire on October 20, 2010. And, further, the Board authorized the County Administrator or his designee to appear at the October 21, 2009 GRTC annual meeting to vote for the directors appointed by the Board and by the Richmond City Council. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 8.C. CONSENT ITEMS 8.C.1. SET DATES FOR PUBLIC HEARINGS 8.C.i.a. TO CONSIDER AMENDING THE COUNTY CODE RELATING TO VOLUNTARY, MANDATORY AND EMERGENCY RESTRICTIONS ON THE USE OF PUBLIC WATER DURING DROUGHT AND/OR EMERGENCY CONDITIONS On motion of Mr. Gecker, seconded by Mr. Warren, the Board set November 18, 2009, for a public hearing for the Board to consider amending the Code of the County of Chesterfield relating to voluntary, mandatory and emergency restrictions on use of public water. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. J J J 09-575 10/14/09 8.C.l.c. TO CONSIDER THE ABANDONMENT OF A STATE ROAD ADJACENT TO WATRINS CENTRE PARKWAY ^~ u On motion of Mr. Gecker, seconded by Mr. Warren, the Board adopted the following resolution: Resolution of Chesterfield County's intention to consider a Resolution and Order to abandon a state road adjacent to Watkins Centre Parkway. Pursuant to Section 33.1-151 of the Code of Virginia, 1950, as amended, be it resolved that the Chesterfield County Board of Supervisors hereby gives notice that at a regular meeting to be held on November 18, 2009, at 6:30 p.m. it will consider a Resolution and Order to abandon a state road adjacent to Watkins Centre Parkway since it serves no public necessity. Accordingly, the Clerk of the Board shall send a copy of this Resolution to the Commonwealth Transportation Commissioner. The clerk shall further cause to be published and posted the required notices of the Board's intention to abandon a state road adjacent to Watkins Centre Parkway. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 8.C.2. ADOPTION OF RESOLUTIONS 8.C.2.a. RECOGNIZING OCTOBER 2009, AS "CYBER SECURITY AWARENESS MONTH" IN CHESTERFIELD COUNTY On motion of Mr. Gecker, seconded by Mr. Warren, the Board adopted the following resolution: WHEREAS, many citizens, schools, libraries, businesses and other organizations use the Internet for a variety of tasks, including keeping in contact with family and friends, managing finances, conducting research, enhancing education and conducting business; and WHEREAS, critical sectors are increasingly reliant on information systems to support financial services, energy, telecommunications, transportation, health care, and emergency response systems; and WHEREAS, Internet users and our information infrastructure face an increasing threat of malicious attack by viruses and loss of privacy from spyware and adware; and WHEREAS, each year there are significant financial and personal privacy losses due to identity theft and fraud; and WHEREAS, the Multi-State Information Sharing and Analysis Center (MS-ISAC) was established in January 2003 to provide a collaborative mechanism to help states and local governments enhance cyber security, and Chesterfield County Information Systems Technology provides a comprehensive approach to help enhance the security of this county; and 09-576 10/14/09 WHEREAS, there are national organizations, such as the non-profit National Cyber Security Alliance (NCSA), policymakers, government agencies, private sector companies, and non-profit entities helping consumers, businesses, educational leaders and our youth to protect themselves online; and WHEREAS, each one of us plays an important role in securing our cyberspace, and awareness of computer security essentials will improve the security of Chesterfield County information infrastructure and economy; and WHEREAS, the United States Department of Homeland Security, the Multi-State Information Sharing and Analysis Center and the National Cyber Security Alliance have declared October as National Cyber Security Awareness Month. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Chesterfield County recognizes October 2009, as "Cyber Security Awareness Month" in Chesterfield County, encourages its citizens to learn about cyber security and put that knowledge into practice in their homes, schools, workplaces, and businesses. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 8.C.2.b. RECOGNIZING FIREFIGHTER BRIAN L. CHAMBERLIN, FIRE AND EMERGENCY MEDICAL SERVICES DEPARTMENT, UPON HIS RETIREMENT On motion of Mr. Gecker, seconded by Mr. Warren, the Board adopted the following resolution: WHEREAS, Firefighter Brian L. Chamberlin retired from the Chesterfield County Fire and Emergency Medical Services Department on October 1, 2009; and WHEREAS, Firefighter Chamberlin attended Recruit School #15 in 1984 and has faithfully served the county for twenty- five years in various assignments; as a firefighter at the Manchester, Dutch Gap, Matoaca, Clover Hill and Ettrick Fire and EMS Stations; and WHEREAS, Firefighter Chamberlin was recognized in 1987 as a Self Contained Breathing Apparatus (SCBA) Technician for the Mask Repair Shop at the Manchester Fire and EMS Station, where he devoted his time to repair and maintain the department's SCBA; and WHEREAS, Firefighter Chamberlin was certified as an Advanced Life Support provider with the Chesterfield Fire and Emergency Medical Services Department, as a Cardiac Technician and Paramedic; and WHEREAS, Firefighter Chamberlin was recognized with a Unit Citation for the October 25, 1994 incident while riding on Unit 149, where his vital role was securing the anchors at the Dutch Gap Power Station to rescue a citizen from the plant's smoke stack; and J J J 09-577 10/14/09 WHEREAS, Firefighter Chamberlin participated on the department's SCUBA Rescue Team, as well as the Technical Rescue Team; and ,~ WHEREAS, Firefighter Chamberlin was recognized as a team member on Unit 147 for the May 14, 1999 head-on collision on Beach Road, where his contribution involved the extrication of one person from the collision; and WHEREAS, Firefighter Chamberlin was recognized with an EMS Unit Citation and an EMS Lifesave Award for saving the life of a citizen suffering from cardiac arrest on the ramp at the Matoaca Fire and EMS Station on September 22, 2002; and WHEREAS, Firefighter Chamberlin was recognized for the August 30, 2004 incident when he assisted in the rescue at the Falling Creek Apartments during Tropical Storm Gaston, as the operator of Truck 14 that rescued 25 people from raging flood water; and NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes the contributions of Firefighter Brian L. Chamberlin, 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. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 8.C.2.C. RECOGNIZING FIREFIGHTER LEWIS C. GREENWOOD, JR., FIRE AND EMERGENCY MEDICAL SERVICES DEPARTMENT, UPON HIS RETIREMENT ^!- On motion of Mr. Gecker, seconded by Mr. Warren, the Board adopted the following resolution: WHEREAS, Firefighter Lewis C. Greenwood, Jr. retired from the Chesterfield County Fire and Emergency Medical Services Department, on October 1, 2009; and WHEREAS, Firefighter Greenwood attended Recruit School #21 in 1989 and has faithfully served the county for twenty years; as a firefighter at the Matoaca, Ettrick, Bensley, Dale, and Buford Fire and EMS Stations; and WHEREAS, Firefighter Greenwood was recognized as an effective team member at emergency scenes; in a key tactical position operating at the tip of the aerial ladder of Truck 12 and flowing water on a structure fire for six hours in Colonial Heights, which prevented the fire from spreading to adjacent buildings; a vital part of the team on Truck 12 that flowed water for five hours at a warehouse fire in Petersburg, which prevented the spread of fire to neighboring businesses; and WHEREAS, Firefighter Greenwood, participated in the life saving measures of a county police officer who had been shot several times. 09-578 10/14/09 NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes the contributions of Firefighter Lewis C. Greenwood, Jr., expresses the appreciation of all residents for his service to the county, and extends their appreciation for his dedicated service and congratulations upon his retirement. AND, BE IT FURTHER RESOLVED that a copy of this resolution be presented to Firefighter Greenwood 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. 8.C.3. AUTHORIZATION FOR MS. CARRIE COYNER TO APPLY FOR CONDITIONAL USE PLANNED DEVELOPMENT ON COUNTY PROPERTY LOCATED AT 11800 CENTRE STREET AND COMMONLY KNOWN AS THE CHESTER LIBRARY On motion of Mr. Gecker, seconded by Mr. Warren, the Board authorized Ms. Carrie Coyner to apply for a Conditional Use Planned Development on county property located at 11800 Centre Street and commonly known as the Chester Library (Tax ID 788-655-6767) and waived the disclosure requirements. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 8.C.4. RENEWAL OF LEASES OF PROPERTY OWNED BY CS DEVELOPMENT, INCORPORATED 8.C.4.a. FOR USE BY THE COUNTY REGISTRAR'S OFFICE On motion of Mr. Gecker, seconded by Mr. Warren, the Board authorized the County Administrator to execute a lease with CS Development, Inc. for use by the County Registrar's Office. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 8.C.4.b. FOR USE BY THE COUNTY'S CAPITAL PROJECTS MANAGEMENT DEPARTMENT On motion of Mr. Gecker, seconded by Mr. Warren, the Board authorized the County Administrator to execute a lease with CS Development, Inc. for use by the County's Capital Projects Management Department. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. J J J 09-579 10/14/09 8.C.5. CONVEYANCE OF EASEMENTS TO VIRGINIA ELECTRIC AND POWER COMPANY 8.C.5.a. FOR OVERHEAD POWER LINE RELOCATION FOR THE NEW CLOVER HILL HIGH SCHOOL On motion of Mr. Gecker, seconded by Mr. Warren, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute an easement agreement with Virginia Electric and Power Company for overhead power line relocation along Old Hundred Road for the new Clover Hill High School. (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.5.b. TO SERVE ADDITIONAL FACILITIES AT THE FIRE SAFETY TRAINING BUILDING LOCATED ON ALLIED ROAD ^~t On motion of Mr. Gecker, seconded by Mr. Warren, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute an easement agreement with Virginia Electric and Power Company for a 20-foot underground easement to serve additional facilities at the Fire Safety Training Building located on Allied 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.C.6. ACCEPTANCE OF PARCELS OF LAND 8.C.6.a. ALONG NEWBYS BRIDGE ROAD FROM MARILYN M. AND DEWEY L. HURLEY ^i On motion of Mr. Gecker, seconded by Mr. Warren, the Board accepted the conveyance of a parcel of land containing 0.018 acres along Newbys Bridge Road from Marilyn M. and Dewey L. Hurley and authorized the County Administration to execute the deed. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 8.C.6.b. ALONG SPRING RUN ROAD FROM P AND F, LLC On motion of Mr. Gecker, seconded by Mr. Warren, the Board accepted the conveyance of a parcel of land containing 0.088 acres along North Spring Run Road from P&F, LLC, and authorized the County Administrator to execute the deed. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 09-580 10/14/09 8.C.7. ACCEPT AND APPROPRIATE THE AWARD FROM THE UNITED STATES DEPARTMENT OF JUSTICE, OFFICE OF JUSTICE PROGRAMS, FY2009 DRUG COURT DISCRETIONARY GRANT PROGRAM On motion of Mr. Gecker, seconded by Mr. Warren,- the Board accepted the award from the FY2009 Drug Court Discretionary Grant Program, Office of Justice Programs, US Department of Justice; and appropriated $162,320 in federal grant funds. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 8.C.8. STATE ROAD ACCEPTANCE On motion of Mr. Gecker, seconded by Mr. Warren, the Board adopted the following resolution: WHEREAS, the street described below is shown on plats recorded in the Clerk's Office of the Circuit Court of Chesterfield County; and WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised this Board the strees meets the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation. NOW, THEREFORE, BE IT RESOLVED, that this Board requests the Virginia Department of Transportation to add the street described below to the secondary system of state highways, pursuant to Section 33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements. AND, BE IT FURTHER RESOLVED, that this Board guarantees a clear and unrestricted right-of-way, as described, and any necessary easements for cuts, fills and drainage. AND, BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. Project: Hawthorne Village C Type Change to the Secondary System of State Reason for Change: New subdivision street Street Name and/or Route • Gorham Court, State Route Number 7159 Old Route Number: 0 From: 0.12 miles west of Gorham Ln.,(Rt. 7157) To: Cul-de-sac, a distance of: 0.04 miles. Recordation Reference: Pb. 185, Pg. 76 Right of Way width (feet) = 44 Addition 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 J J J 09-581 10/14/09 WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised this Board the street meets the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation. ^~ NOW, THEREFORE, BE IT RESOLVED, that this Board requests the Virginia Department of Transportation to add the street described below to the secondary system of state highways, pursuant to Section 33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements. AND, BE IT FURTHER RESOLVED, that this Board guarantees a clear and unrestricted right-of-way, as described, and any necessary easements for cuts, fills and drainage. AND, BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. Project: Dry Creek Road Adjustment Type Change to the Secondary System of State Reason for Change: VDOT Project Pursuant to Code of Virginia §33.1-229 Street Name and/or Route ~ ~ Dry Creek Road, State Route Number 623 Old Route Number: 0 From: 0.85 mile north of Beach Rd., (Rt. 655) To: Cul-de-sac, a distance of: 0.41 miles. Recordation Reference: xx Addition Right of Way width (feet) = 50 Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 8.C.9. APPROVAL OF DESIGN, APPROPRIATION OF FUNDS, AUTHORIZATION TO PROCEED WITH RIGHT-OF-WAY ACQUISITION, AUTHORIZATION TO ENTER INTO AGREEMENTS, AND AWARD OF CONSTRUCTION CONTRACT FOR THE HAPPY HILL ROAD IMPROVEMENT PROJECT On motion of Mr. Gecker, seconded by Mr. Warren, the Board 1) approved the design for the Happy Hill Road Improvement Project; 2) appropriated $546,906 in Traffic Shed 19 road cash proffers for the Happy Hill Road Spot Improvement Project between Harrowgate Road and Longmeadow Boulevard; 3) authorized staff to proceed with right-of-way acquisition; 4) authorized the advertisement of an eminent domain public hearing, if necessary, to acquire the right-of-way; 5) authorized the Chairman of the Board of Supervisors and County Administrator to execute easement agreements for relocation of utilities; 6) authorized the County Administrator to enter into the customary VDOT and environmental permit/mitigation agreements; and 7) authorized the award of a construction contract, up to $700,000, to the lowest responsible bidder. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 09-582 10/14/09 The following item was removed from the Consent Agenda for Board comment: 8.C.1. SET DATE FOR PUBLIC HEARINGS 8.C.l.b. TO CONSIDER AMENDING THE COUNTY CODE RELATING TO RESIDENTIAL OCCUPANCY LIMITS On motion of Gecker, seconded by Holland, the Board did not set a public hearing to consider amending the County Code relating to residential occupancy limits. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 9. REPORTS 9.A. REPORT ON DEVELOPER WATER AND SEWER CONTRACTS 9.B. REPORT ON STATUS OF GENERAL FUND BALANCE, RESERVE FOR FUTURE CAPITAL PROJECTS, DISTRICT IMPROVEMENT FUNDS AND LEASE PURCHASES On motion of Ms. Durfee, seconded by Mr. Holland, the Board accepted the following reports: a Report on Developer water and Sewer Contracts and a Report on Status of General Fund Balance, Reserve for Future Capital Projects, District Improvement Funds and Lease Purchases. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 10. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED MATTERS There were no speakers at this time. 11. DINNER AT CAMP BAKER On motion of Mr. Holland, seconded by Mr. Warren, the Board recessed to dinner at Camp Baker with members of the Camp Baker Management Board. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. Reconvening: 12. INVOCATION Mr. Holland gave the invocation. J J J 09-583 10/14/09 13. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Mr. Stegmaier led the Pledge of Allegiance to the Flag of the United States of America. 15. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED MATTERS ^+I~ ^i Mr. Tom Pakurar, President of Hands Across the Lake, addressed the Board relative to water quality concerns and the Hydrilla issue in the Swift Creek Reservoir. Mr. Warren stated he has received some phone calls on the Hydrilla situation in the Swift Creek Reservoir. He further stated a preliminary report was provided to the Board at the September 23rd Board meeting. He stated he and Ms. Durfee will be meeting with the Woodlake and Brandermill Board of Directors to discuss the Hydrilla issue in the future. He requested Mr. Stegmaier follow up with Mr. Pakurar. Mr. Stegmaier stated staff will continue working on the Hydrilla issue. He further stated staff was requested by the Board several meetings ago to review the mass grading ordinance and bring a new recommendation back to the Board. He stated staff is concerned about investing too much into water quality regulations until the possible changes to the water quality regulations at the state level have been ironed out. Ms. Durfee stated the mass grading ordinance was added to Mr. Stegmaier's list of projects and activities to continue updating the Board on the progress. She further stated she met with the Woodlake Board of Directors and the Hydrilla issue did come up and it is more widespread then earlier believed. She stated the Hydrilla not only affects the water quality of the Swift Creek Reservoir but also affects the ability to utilize the water. Mr. Warren stated that the Hydrilla is also in the main part of the Swift Creek Reservoir. He requested the County Administrator to bring the Board a report of actions to be taken in the very near future. 14. RESOLUTIONS 14.B. RECOGNIZING MR. CHRISTOPHER S. ANDERSON UPON ATTAINING THE RANK OF EAGLE SCOUT Ms. Ruth introduced Mr. Christopher S. Anderson, who was present to receive the resolution. 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 09-584 10/14/09 WHEREAS, after earning at least twenty-one merit badges in a wide variety of skills including leadership, service and outdoor life, serving in a leadership position in a troop, carrying out a service project beneficial to his community, being active in the troop, demonstrating Scout spirit, and living up to the Scout Oath and Law; and WHEREAS, Mr. Christopher S. Anderson, Troop 829, sponsored by Saint Matthias' Episcopal Church Church, has accomplished those high standards of commitment and has reached the long-sought goal of Eagle Scout, which is earned by only four percent of those individuals entering the Scouting movement; and WHEREAS, growing through his experiences in Scouting, learning the lessons of responsible citizenship, and endeavoring to prepare himself for a role as a leader in society, Christopher has distinguished himself as a member of a new generation of prepared young citizens of whom we can all be very proud. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 14th day of October 2009, publicly recognizes Mr. Christopher S. Anderson, extends congratulations on his attainment of Eagle Scout, and acknowledges the good fortune of the county to have such an outstanding young man as one of its citizens. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. Mr. Gecker presented the executed resolution and patch to Mr. Anderson, congratulated him on his achievements and wished him well in future endeavors. Mr. Anderson provided details of his Eagle Scout projects and expressed appreciation for his parents' support. 16. PUBLIC HEARINGS 16.A. TO CONSIDER AMENDMENTS TO THE COUNTY CODE RELATING TO SHORT-TERM RENTAL TAX Mr. Micas stated this date and time had been advertised for the Board to consider amendments to the County Code relating to short-term rental tax. He provided a brief an explanation of the proposed changes to the tax rate for short-term rentals. Mr. Warren called for public comment. No one came forward to address the issue. On motion of Mr. Holland, seconded by Mr. Gecker, 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 SECTIONS 9-181, 9-1.82, 9-183, 9-184, 9-187 AND 9-188 RELATING TO SHORT-TERM RENTAL TAX BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Sections 9-18, 9-182, 9-183, 9-184, 9-187 and 9-188 of the Code of the County of Chesterfield, 1997, as amended, are amended and re-enacted to read as follows: J J J 09-585 10/14/09 ARTICLE XIII. SHORT-TERM RENTAL TAX u ^i Sec. 9-181. Imposition; amount. A. Every person certified to engage in the short-term rental business: (1) As defined in § 9-183 one percent on the gross or (2) As defined in § 9-183 equipment rental, shall half percent on the business. ~) (1), shall pay a tax of proceeds of such business; (A) (2), involving heavy pay a tax of one-and-one- gross proceeds of such B. For purposes of this section, "gross proceeds" means the total amount charged to each person for the rental of daily rental property, excluding any state and local tax paid pursuant to the Virginia Retail Sales and Use Tax Act. C. The imposition and collection of a short-term rental property tax pursuant to this section with respect to rental property shall be in lieu of taxation of such rental property as tangible business personal property in the same tax year. D. Except for daily rental vehicles, rental property shall be classified, assessed and taxed as tangible personal property if such property: (1) Is owned and rented by a person not engaged in the short-term rental business, as defined in § 9-183; or (2) Has acquired situs in the county and is owned and rented by a person who does not collect and remit to the commissioner of the revenue a short-term rental property tax with respect to the rental of such property. 0 Sec. 9-182. "Short-term rental property" defined. For purposes of this article, the term "short-term rental property" means all tangible personal property held for rental and owned by a person certified to engage in the short-term rental business. The term "short-term rental property" does not include trailers or other tangible personal property required to be licensed or registered with the Department of Motor Vehicles, Department of Game and Inland Fisheries, or the Department of Aviation. (Code 1978, § 8-61) Cross references: Definitions and rules of construction generally, § 1-2. Sec. 9-183. "Short-term rental business" defined. A. A person is engaged in the short-term rental business if . (1) Not less than 80 percent of the gross rental receipts of such business during the preceding year arose from transactions involving rental of short- 09-586 10/14/09 term rental property, other than heavy equipment property as defined in subsection B, for periods of 92 consecutive days or less, including all extensions and renewals to the same person or a person affiliated with the lessee; or (2) Not less than 60 percent of the gross rental receipts of such business during the preceding year arose from transactions involving the rental of heavy equipment property for periods of 270 consecutive days or less, including all extensions and renewals to the same person or a person affiliated with the lessee. For the purposes of this subdivision, "heavy equipment property" means rental property of an industry that is described under code 532412 or 532490 of the 2002 North American Industry Classification System as published by the United States Census Bureau, excluding office furniture, office equipment, and programmable computer equipment and peripherals. B. A person is "affiliated" with the lessee of rental property if such person is an officer, director, partner, member, shareholder, parent or subsidiary of the lessee, or if such person and the lessee have any common ownership interest in excess of five percent. For purposes of this section: (1) Any rental to a person affiliated with the lessor shall be included in rental receipts but shall not be included for purposes of the 80 percent requirement of subdivision 1 of subsection A, or the 60 percent requirement of subdivision 2 of subsection A; and (2) Any rental of personal property which also involves the provision of personal services for the operation of the personal property rental shall not be treated as gross receipts from rental. For purposes of this section, the delivery and installation of tangible personal property shall not mean operation. C. A person who has not previously been engaged in the short-term rental business who applies for a certificate of registration pursuant to § 9-188 shall be eligible for registration upon his certification that he anticipates meeting the requirements of a specific subdivision of subsection A, designated by the applicant at the time of application, during the year for which registration is sought. D. In the event that the commissioner of the revenue makes a written determination that a rental business previously certified as a short-term rental business pursuant to § 9-188 has failed to meet either of the tests set forth in subsection A during a preceding tax year, such business shall lose its certification as a short-term rental business and shall be subject to the business personal property tax with respect to all rental property for the tax year in which such certification is lost and any subsequent tax years until such time as the rental business obtains recertification J J J 09-587 10/14/09 ~'J 0 U pursuant to § 9-188. In the event that a rental business loses its certification as a short-term rental business pursuant to this subsection, such business shall not be required to refund to customers daily rental property taxes previously collected in good faith, and shall not be subject to assessment for business personal property taxes with respect to rental property for tax years preceding the year in which the certification is lost unless the commissioner makes a written determination that the business obtained its certification by knowingly making materially false statements in its application, in which case the commissioner may assess the taxpayer the amount of the difference between short-term rental property taxes remitted by such business during the period in which the taxpayer wrongfully held certification and the business personal property taxes that would have been due during such period but for the certification obtained by the making of the materially false statements. Any such assessment, and any determination not to certify or to decertify a rental business as a short-term rental business as defined in this subsection, may be appealed pursuant to the procedures and requirements set forth in Code of Virginia § 58.1-3983.1 for appeals of local business taxes, which shall apply mutatis mutandis to such assessments and certification decisions. E. A rental business that has been the provisions of subsection D recertification for a subsequent that it has met one of the test: A for at least ten months of present tax year. decertified pursuant to shall be eligible for tax year upon a showing provided in subsection operations during the Sec. 9-184. Collection, return and remittance of tax. Every person certified to engage in the short-term rental business shall collect the rental tax from the lessee of the daily rental property at the time of the rental. The lessor of the daily rental property shall transmit a quarterly return to the commissioner of the revenue, indicating the gross proceeds derived from the short-term rental business, and shall also remit the payment of the tax that is due for the quarter. The quarterly returns shall be filed with the commissioner of the revenue on or before April 15, July 15, October 15, and January 15, representing, respectively, the gross proceeds and taxes collected during the preceding quarters ending March 31, June 30, September 30 and December 31. The return shall be upon such forms and shall set forth such information as the commissioner of the revenue may require, showing the amount of gross receipts and the tax required to be collected. The commissioner of the revenue shall assess the tax due, and the short-term rental business shall pay the tax so assessed to the treasurer or director of finance not later than the last day of the month following the .end of the calendar quarter. The taxes required to be collected under this article shall be held in trust by the person required to collect the taxes until remitted as required in this article. (Code 1978, § 8-63) 09-588 10/14/09 0 0 0 Sec. 9-187. Exclusions and exemptions. No short-term rental tax shall be collected or assessed on rentals by the commonwealth, any political subdivision of the commonwealth or the United States. Additionally, all exemptions applicable in Code of Virginia, tit. 58.1, ch. 6 [§ 58.1-600 et seq.], shall apply mutatis mutandis to the short-term rental tax, except that the commissioner of revenue shall assess the tax due, and the treasurer shall collect the short-term rental property tax, instead of the Department of Taxation. Sec. 9-188. Certificate of registration. (a) Every person engaging in the short-term rental business shall annually file an application for a certificate of registration with the commissioner of the revenue. Such application shall be filed no later than January 31 of each year. The application shall be on a form prescribed by the commissioner of the revenue and shall set forth the name under which the applicant intends to operate the rental business, the location of the rental business and such other information as the commissioner of the revenue may require. (b) An application must be signed by the owner or owners of the rental business. If the rental business is owned by. an association, partnership or corporation, the application must be signed by a member, partner, executive officer or other person specifically authorized by the association, partnership or corporation to sign on its behalf. (c) Upon the commissioner of the revenue's approval of the application the commissioner of the revenue shall issue a certificate of registration. The certificate shall be conspicuously displayed at all times at the place of business for which it is issued. (d) The certificate is not assignable- and shall be valid only for the person in whose name it is issued and the place of business designated. (Code 1978, § 8-67) (2) That this ordinance shall become effective immediately upon adoption. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 16.B. TO CONSIDER AN AMENDMENT TO THE INTRODUCTION TO THE PLAN FOR CHESTERFIELD RELATIVE TO DAM BREAK INUNDATION ZONES Ms. Heather Barrar stated this date and time had been advertised for the Board to consider an amendment to the Introduction to the Plan for Chesterfield relative to Dam Break Inundation Zones. Mr. Warren called for public comment. No one came forward to address the issue. J J J 09-589 10/14/09 On motion of Mr. Warren, seconded by Ms. Gecker, the Board approved the following amendment to the Plan for Chesterfield: ^i IMPORTANT RESOURCES The Plan protects the environment and enhances the County's quality of life by recommending planning and design that preserves environmental functions and protects important environmental, cultural and historic resources. The Plan for Chesterfield strives for: • Making land use recommendations that take into consideration the conservation and wise use of the County's natural resources. • Shaping appropriate development and public access along the 75 miles of James and Appomattox Riverfront. • Promoting environmental protection within the County by instituting protection measures in combination with broader land use policies. ~ Preserving the quality of the County's streams, reservoirs and rivers. • Identifying and encouraging the preservation of lands, sites, and structures that have archaeological and/or historic significance. • Developing and promoting open space corridors as a framework to protect the natural environment and scenic values and provide outdoor recreation opportunities. ~ Identifying dam break inundation zones and potential impacts to downstream properties. Ayes: ,Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 14.A. RECOGNIZING GIRL SCOUTS UPON ATTAINING THE GOLD AWARD 14.A.1. MS. EMILY ALLEN BURNS, MIDLOTHIAN DISTRICT 14.A.2. MS. MACKENZIE LYN FURMAN, CLOVER HILL DISTRICT 14.A.3. MS. TAYLOR DIANE LENHART, MATOACA DISTRICT 14.A.4. MS. JESSIE LATE MITCHELL, CLOVER HILL DISTRICT 14.A.5. MS. KERRY ANNE MITCHELL, CLOVER HILL DISTRICT 14.A.6. MS. EMILY ELIZABETH WARWICK, CLOVER HILL DISTRICT 14.A.7. MS. JESSICA ELIZABETH WERT, MIDLOTHIAN DISTRICT Ms. Ruth introduced Ms. Mackenzie Lyn Furman, Ms. Taylor Diane Lenhart, Ms. Jessie Cate Mitchell, and Ms. Kerry Anne Mitchell, who were present to receive their resolutions. 09-590 10/14/09 On motion of Mr. Warren, seconded by Mr. Holland, the Board adopted the following resolution: WHEREAS, the Girl Scouts of the United States of America is an organization serving over 2.7 million girls and was founded to promote citizenship training and personal development; and WHEREAS, after earning three interest project patches, earning the Girl Scout Gold Leadership Award, the Girl Scout Gold Career Award, and the Girl Scout Gold 4Bs Challenge Award, and designing and implementing a Girl Scout Gold Award project; and WHEREAS, the Gold Award is the highest achievement award in Girl Scouting and symbolizes outstanding accomplishments in the areas of leadership, community service, career planning, and personal development; and WHEREAS, the Girl Scout Award can only be earned by girls aged 14 18 or in grades 9 12 and is received by less than six percent of those individuals entering the Girl Scouting movement; and WHEREAS, Ms. Emily Allen Burns, Ms. Mackenzie Lyn Furman, Ms. Taylor Diane Lenhart, Ms. Jessie Cate Mitchell, Ms. Kerry Anne Mitchell, Ms. Emily Elizabeth Warwick and Ms. Jessica Elizabeth Wert, all of Troop 652, sponsored by Saint Mark's United Methodist Church, have accomplished these high standards and have been honored with the Girl Scouts of America Gold Award by the Girl Scout Commonwealth Council of Virginia, Incorporated; and WHEREAS, growing through their experiences in Girl Scouting, learning the lessons of responsible citizenship, and priding themselves on the great accomplishments of their country, Emily, Mackenzie, Taylor, Jessie, Kerry, Emily and Jessica are indeed 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 14th day of October 2009, publicly recognizes Ms. Mackenzie Lyn Furman, Ms. Taylor Diane Lenhart, Ms. Jessie Cate Mitchell, Ms. Kerry Anne Mitchell, Ms. Emily Elizabeth Warwick and Ms. Jessica Elizabeth Wert, extends congratulations on their attainment of the Gold Award, and acknowledges the good fortune of the county to have such outstanding young women as its citizens. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. Mr. Gecker, Mr. Warren and Ms. Durfee presented the executed resolutions to Ms. Furman, Ms. Lenhart, Ms. Mitchell, and Ms. Kerry Mitchell, congratulated them on their achievements and wished them well on their future endeavors. Ms. Furman, Ms. Lenhart, Ms. Mitchell and Ms. Mitchell each provided details of their Gold Award projects and expressed appreciation to their family and friends for their support. J J J 09-591 10/14/09 (It is noted Ms. Burnes, Ms. Warwick and Ms. Wert were unable to attend the meeting and their resolutions will be forwarded to them . ) 17. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED MATTERS There were no speakers at this time. 18. ADJOURNMENT On motion of Mr. Holland, seconded by Ms. Durfee, the Board adjourned at 6:56 p.m. to October 28, 2009 at 3:00 p.m. in the Public Meeting Room. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. mes teg ier ounty Administrator Arthur S. Warren Chairman 09-592 10/14/09