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2009-10-28 MinutesBOARD OF SUPERVISORS MINUTES October 28, 2009 ~!J ^+M 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 Staff in Attendance: Mr. Mike Bacile, Dir., Purchasing Ms. Janice Blakley, Clerk to the Board Mr. Kevin Bruny, Chief Learning Officer Mr. Allan Carmody, Dir., County Administrator Budget and Management Ms. Jana Carter, Dir., Juvenile Services Ms. Marilyn Cole, Asst. County Administrator Mr. Stuart Connock, Dir., Parks and Recreation Mr. Roy Covington, Dir., Utilities Ms. Mary Ann Curtin, Dir., Intergovtl. Relations Mr. Jonathan Davis, Dir., Real Estate Assessments Mr. Will Davis, Dir., Economic Development Mr. William Dupler, Building Official Colonel Thierry Dupuis, Police Department Mr. John W. Harmon, Real Property Manager Mr. Russell Harris, Mgr. of Community Development Services Mr. Thomas E. Jacobson, Dir., Revitalization Mr. Donald Kappel, Dir., Public Affairs Mr. Rob Key, Director, General Services Ms. Mary Lou Lyle, Acting Deputy County Admin., Management Services Mr. John McCracken, Dir., Transportation Mr. Richard M. McElfish, Dir., Env. Engineering Mr. Steven L. Micas, County Attorney Chief Edward Senter, Fire Department Ms. Sarah Snead, Acting Deputy County Admin., Human Services Mr. M. D. Stith, Jr., 09-593 10/28/09 Deputy County Admin., Community Development Mr. Kirk Turner, Dir., Planning Mr. Scott Zaremba, Asst. Dir., Human Resource Management Mr. Warren called the regularly scheduled meeting to order at 3:03 p.m. 1. APPROVAL OF MINUTES FOR SEPTEMBER 14, 2009 JOINT MEETING WITH SCHOOL BOARD AND OCTOBER 14, 2009 REGULAR MEETING On motion of Mr. Holland, seconded by Ms. Durfee, the Board approved the minutes for the September 14, 2009 joint meeting with School Board and the October 14, 2009 regular meeting, as submitted. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 2. COUNTY ADMINISTRATOR'S COMMENTS 2.A. COUNTY ADMINISTRATOR'S REPORT Mr. Stegmaier provided an update to the Board regarding the work being done on the 2010 Census and the Woolridge Road Widening Project. In response to Mr. Warren's request, Mr. Stegmaier stated the Woolridge Widening Project is a county funded project and explained the details of the funding. He further stated once the project is complete it will be entered into the State system. Ms. Durfee stated she is pleased with the progress being made on the Woolridge Road Widening Project. 2.B. MODEL COUNTY GOVERNMENT Mr. Stegmaier stated the county is delighted to host Model County .Government Day again this year. He called forward Ms. Jana Carter, Director of Juvenile Services, to provide details of the event. Ms. Carter thanked county and school officials for allowing the students to shadow them and making this a successful program. She stated Model County Government is a collaborative effort between Youth Planning and Development, the Extension Office and Schools. The students and their advisors came forward and introduced themselves. Several of the students were seated with the Board members and County Administrator and participated in today's meeting. 3. BOARD MEMBER REPORTS Ms. Jaeckle stated there are two budget community meetings scheduled in the Bermuda District, one on November 5 at J J J 09-594 10/28/09 Elizabeth Davis Middle School at 7:00 p.m. and the other one on November 6 at Chester Baptist Church at 10:00 a.m. 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. Ms. Durfee stated there are two budget community meetings scheduled in the Matoaca District, one on October 29 at Matoaca Middle School at 7:OO p.m. and the other on November 19 at Manchester High School at 7:00 p.m. Mr. Warren stated the budget community meeting for the Clover Hill District is scheduled for November 16 at Clover Hill High School at 7:00 p.m. Mr. Gecker stated the budget community meeting for the Midlothian District was held on October 26. He further stated the meeting had good citizen participation and another one is planned for mid-November on the FY2011 budget for Chesterfield. 4. REQUESTS TO POSTPONE AGENDA ITEMS AND ADDITIONS, DELETIONS OR CHANGES IN THE ORDER OF PRESENTATION There were no requests at this time. 5. RESOLUTIONS There were no resolutions at this time. 6. WORK SESSIONS 6.A. 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 ^+I- rnr. roe Feest stated this ite September 23, 2009 meeting. Commission recommends approval amendment before the Board. He the research on residential wind there are two real forms of ene~ renewable energy. He providec alternative and renewable energy. or utility scale, community or 1< scale are the different scales of provided the specifications for height, size of parcel able to b kilowatts generated. He stated tY: interest from the public regardin~ energy sources. He further stat received numerous inquiries whE n was deferred from the He stated the Planning ~f the proposed ordinance further stated while doing energy systems staff found ~y, alternative energy and the differences between He stated the industrial rge scale, and residential wind energy available. He each scale relating to placed on, and amount of 're has been an increase in renewable and alternative :d the Planning Department ther the county had an ~~uy~lai.~~ ~~ ~,~~««~. wltiu energy turnines, tneretore, the Planning Commission requested staff to draft an ordinance. He stated the General Assembly adopted the Virginia Energy Plan last year, which states in 15 years, Virginians are to reduce their dependency on fossil fueled electrical power. He reviewed the types of systems available, which are the 09-595 10/28/09 guide wire system and the freestanding system. He stated both systems can be built either monopole or a lattice type pole. He further stated the residential systems generate from one to ten kilowatts, range from 30 to 120 feet tall and have a cut in speed of eight to 12 miles per hour. He stated the faster the turbine spins the more energy it generates and the optimal wind speed is between 25 to 30 miles per hour. He further stated the wind energy systems have cutoffs installed so if winds hit speeds between 110 and 140 miles per hour, the turbine will shut down. He provided a map to the Board reviewing wind velocities throughout Virginia at approximately 50 meters in the air. He stated according to the map the only area in Chesterfield which has marginal wind speeds for a wind energy system is where the Appomattox and James Rivers come together. He further stated the average three-bedroom, 1600-square foot house uses approximately 1,800 kilowatt hours per month in electricity. He stated a ten kilowatt wind energy system with marginal wind speeds could generate upwards of 1,400 kilowatts per month which would offset the electrical dependency. He summarized the data obtained while benchmarking with other localities throughout Virginia and the Unites States. He reviewed the incentives being offered around the country relating to the wind energy systems, such as the American Recovery and Reinvestment Act, which provides a 30 percent tax credit for a citizen who buys some sort of renewable energy source. He further reviewed green pricing and net metering and the benefits for citizens of these plans. He stated Governor Kaine introduced legislation last year at the General Assembly which would allow for state credits but it failed. He reviewed some of the product concerns which may be expressed by citizens relating to the wind energy systems in residential areas. He stated the new technology used in the resident wind energy systems uses a direct drive system which is quieter than in the past. He further stated staff reviewed several model ordinances relating to wind energy systems around the state and country and found common threads such as the wind energy system must be used to reduce onsite electrical consumption; requires a minimum parcel size; maximum heights; setbacks from property lines; located 1 ~ the height from any inhabited dwelling on neighboring property; and a noise limitation to be less than 60 decibels from all property lines. He stated the proposed ordinance before the Board includes a provision which allows for net metering and limits the maximum capacity of any wind energy system used to be no more than 10 kilowatts . He stated the proposed ordinance prohibits lattice or guide wire type poles and has height restrictions which are already set in the zoning ordinance. In response to Mr. Gecker's question, Mr. Feest stated the ordinance does not restrict where the monopole unit can be located on a typical lot. Mr. Gecker stated to prevent a street from being lined with windmills, the ordinance needs to address where they can be located on a lot. He requested Mr. Feest to provide information concerning where a wind turbine could be located on a residential lot. In response to Mr. Gecker's question, Mr. Feest stated the industry standard for a residential wind turbine is that the J J J 09-596 10/28/0! unit should not generate more than 60 decibels at the property line based on a 1 acre parcel. C C Mr. Gecker stated the ambient noise in most going to be above 50 decibels. He further in the ambient noise is what bothers people. of the county is stated the change In response to Mr. Gecker's questions, Mr. Feest stated the wind turbines create a whining sound and as the wind increases, the humming sound inside the generator does increase. He further stated the data he has came from the Integral Science Center at JMU and the Director advised that if a citizen wants to test the economic feasibility of a wind turbine on their property they need to purchase a anemometer to check the wind speeds at various locations on their property. Mr. Holland expressed appreciation for the presentation. He stated he is excited about the technology which is unfolding in the area with respect to energy. In response to Mr. Holland's question, Mr. Feest stated in the past year the county has received a large number of inquiries related to wind turbines from citizens. He further stated one citizen has purchased a wind turbine system, applied for a building permit. and realized the only way to get approval was to go through the public hearing process. He stated in the last three months the Planning Department has not received any other inquiries. Mr. Holland stated he was surprised to see 23 states offer tax relief or incentives for alternative energy. In response to Mr. Holland's questions, Mr. Feest stated he is aware of Governor Kaine's administration's plan to bring forward tax incentives to the General Assembly this year related to alternative energy. He further stated a wind turbine owner could not generate enough electricity to sell to a neighbor due to the size of the wind turbine which would be allowed by the proposed ordinance. He stated the noise produced by a wind turbine would pass the county's newly adopted noise ordinance. In response to Mr. Warren's questions, Mr. Feest stated 60 decibels would be akin to the sound of the dryer running in your house. He further stated a neighbor's wind chime would be louder than 60 decibels. He stated the proposed ordinance the Planning Commission sent forward would only allow a wind turbine on a 5 acre parcel in either a residential or agricultural zone. He further stated if an applicant wished to place a wind turbine on commercial property, the request would come before the Board. In response to Ms. Jaeckle's building permit. would still ordinance is adopted. question, Mr. Feest stated a be required if the proposed 7. DEFERRED ITEMS 7.A. STREETLIGHT INSTALLATION COST APPROVAL ON CHURCH ROAD Mr. Stith stated this item had been brought forward from the October 28, 2009 meeting. 09-597 10/28/09 Ms . Durfee stated she had a chance to drive by the property and look at where the streetlight will be placed. Mr. Gecker stated the county is turning the light around in order to make it qualify and take the operational cost of the light from the church. Mr. Stith stated the streetlight on the existing pole only serves the church purposes. He further stated a 6 foot extension will be added to the pole which will provide light for other areas then just the church. On motion of Ms. Durfee, seconded by Mr. Holland, the Board approved the following streetlight installation: 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. The cost is to perform necessary fixture upgrades to meet Dominion Virginia Power municipal lighting standards: $829.49 Ayes: Warren, Jaeckle, Holland, and Durfee. Nays: Gecker. 7.B. SET DATES FOR PUBLIC HEARINGS 7.B.1. TO A RENTAL INSPECTION PROGRAM TO CONSIDER AMENDMENTS TO THE COUNTY CODE RELATING Mr. Dupler stated this item was deferred from the September 23, 2009 Board meeting. He reviewed the county's initiatives to protect and sustain the county's neighborhoods. He stated the proactive inspection program applies to all houses in a neighborhood and the other was a proposed• rental housing inspection ordinance. He further stated exterior inspections of rental homes could be accomplished through the proactive inspection program, which would include privately owned homes and rental homes. He stated the resources which were allocated to the rental inspection program could be reallocated to the proactive inspection program which would double the capacity of the proactive inspection program. Mr. Warren stated the Board would not have to schedule a public hearing to allow the county to continue the outside inspection program, but in order to allow the inside approach a public hearing would have to be held. Ms. Jaeckle stated she could support the exterior inspection program but does not support interior inspections. Mr. Gecker stated he went with a building inspector to the three neighborhoods in the Midlothian District that were proposed to be included with the Rental Inspection Program. He further stated the county needs to be mindful of maintaining the existing housing stock in the older residential neighborhoods to protect the property values. He stated in order for the county to perform interior inspections, the ordinance must list the neighborhoods which J J J 09-598 10/28/09 are blighted or deteriorating. He further stated the neighborhoods he toured from the Midlothian District were not blighted or deteriorating, but were examples of exteriors of homes where fixes were needed to be made. He stated he pushed for the proactive inspection program for four years and wants to see the program continue in its current form. He further stated due to the state of the current budget, he does not feel the program should be doubled. Mr. Holland stated he was in agreement with Mr. Gecker. He expressed concerns about the budgetary implications of doubling of the efforts of the proactive inspection program. He stated it is important to protect the county's neighborhoods. He further stated the efforts currently being undertaken by the county are sufficient to protect the older neighborhoods. In response to Mr. Warren's question, Mr. Micas stated the Board would need a motion not to set a public hearing if the Board does not want to consider the rental inspection program. On motion of Mr. Gecker, seconded by Mr. Holland, the Board did not set a public hearing to consider amendments to the County Code relating to a rental inspection program. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 7.B.2. TO CONSIDER AMENDMENTS TO THE COUNTY CODE RELATING TO DAM BREAK INUNDATION ZONES ^i C Mr. Carl Schlaudt stated this item was deferred from the September 23, 2009 Board meeting. He further stated the amendments to the County Code relating to dam break inundation zones would affect the subdivision and zoning ordinances. He stated there are currently no mapped dam break inundation zones in the county and the ordinance would be triggered once a zone was filed with the county. He further stated the possibility of written notification to affected property owners is problematic due to the extent of the amount of the property owners that could be affected by the dam break inundation zone. He stated the ordinance amendment would only apply to people seeking to do a site plan or subdivision plat of more than three lots. In response to Ms. Jaeckle's question, Mr. Schlaudt stated the proposed ordinance contains the more generic language recommended by the Planning Commission. On motion of Mr. Gecker, seconded by Ms. Durfee, the Board set November 18, 2009, for a public hearing for the Board to consider amendments to the County Code relating to Dam Break Inundation Zones. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 8. NEW BUSINESS 8.A. APPOINTMENTS On motion of Mr. Warren, seconded by Ms. Durfee, the Board suspended its rules to allow simultaneous .nomination/ 09-599 10/28/09 appointment/reappointment of members to serve on various boards and commissions. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 8.A.1. YOUTH SERVICES CITIZEN BOARD On motion of Ms. Durfee, seconded by Mr. Gecker, the Board simultaneously nominated/appointed Ms. Sydney Lenhart, representing the Clover Hill District, to serve on the Youth Services Citizen Board, whose term will be effective immediately and expire on June 30, 2010. Ayes: Nays: 8.A.2. Warren, Gecker, Jaeckle, Holland, and Durfee. None. PARKS AND RECREATION ADVISORY COMMISSION On motion of Ms. Jaeckle, seconded by Ms. Durfee, the Board simultaneously nominated/appointed Mr. Ray Hevener, Jr. to serve on the Parks and Recreation Advisory Commission, whose term is effective immediately and will expire on December 31, 2011. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 8.A.3. CENTRAL VIRGINIA WASTE MANAGEMENT AUTHORITY On motion of Ms. Durfee, seconded by Mr. Holland, the Board simultaneously nominated/reappointed Mr. Howard Heltman to serve as an alternate board member on the Central Virginia Waste Management Authority, whose term is effective January 1, 2010 and will expire on December 31, 2013. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 8.B. STREETLIGHT INSTALLATION COST APPROVALS On motion of Mr. Holland, seconded by Mr. Warren, the Board approved the following streetlight installations: DALE DISTRICT: • In the Jessup Meadows subdivision: on Zion Ridge Terrace, vicinity of 5532 Cost to install streetlight: $2,010.48 Zion Ridge Terrace, vicinity of 5556 Cost to install streetlight: $2,185.53 Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. J J J 09-600 10/28/09 8.C. CONSENT ITEMS 8.C.1. ADOPTION OF RESOLUTIONS 8.C.l.a. RECOGNIZING MRS. GLORIA G. HART, FIRE AND EMERGENCY MEDICAL SERVICES DEPARTMENT, UPON HER RETIREMENT C u C On motion of Mr. Gecker, seconded by Mr. Holland, the Board adopted the following resolution: WHEREAS, Mrs. Gloria G. Hart will retire from the Chesterfield County Fire and Emergency Medical Services Department on November 1, 2009; and WHEREAS, Mrs. Hart has faithfully served the county for 24 years in the Training and Education Unit of Chesterfield Fire and Emergency Medical Services; and WHEREAS, Mrs. Hart's years of service as the administrative manager of the Training and Education Unit and her organizational knowledge was instrumental in the continuity of training and educational operations during the tenures of eight directors of the Training and Education Unit; and WHEREAS, Mrs. Hart assisted in the management of the division and Public Safety Training Center budgets, including developing numerous internal budget management processes and auditing accounts to realize cost savings and controls; and WHEREAS, Mrs. Hart has served as a key management resource in critical firefighter training and education initiatives, such as firefighter candidate testing, numerous recruit schools, and promotional testing processes, where she worked to implement a process whereby promotional candidates receive test results on the same day of the test; and WHEREAS, Mrs. Hart has been a member of the Administrative Professionals Section of the Virginia Fire Chiefs Association since its founding in 2001; and WHEREAS, Mrs. Hart was chosen as the "Civilian Employee of the Year" in 1999 for the Chesterfield Fire and Emergency Medical Services Department; and WHEREAS, Mrs. Hart was a charter member of Chesterfield Fire and Emergency Medical Services Department's Strategic Planning Steering Committee; and WHEREAS, Mrs. Hart served the citizens of Chesterfield County for 16 years as a member of the Emergency Operations Center Response Team during Hurricanes Fran, Floyd and Isabel, and Tropical Storm Gaston, and other natural and manmade disasters; and WHEREAS, Mrs. Hart conducted planning and research, including the study of costs and justification for the application and use of personal computers in the former Training Division, and this study resulted in the purchase of the first personal computer in the Fire Training Division in 1987; and 09-601 10/28/09 WHEREAS, Mrs. Hart consistently projects a positive image to county employees and a positive image of the county to the citizens of Chesterfield and fire service personnel, and she has supported the citizens, county government and Chesterfield Fire and Emergency Medical Services members throughout her career. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes the contributions of Mrs. Gloria G. Hart, expresses the appreciation of all residents for her service to the county, and extends its appreciation for her dedicated- service and its congratulations upon her retirement. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 8.C.l.b. RECOGNIZING MR. BRIAN FOUTZ, UTILITIES DEPARTMENT, UPON HIS RETIREMENT On motion of Mr. Gecker, seconded by Mr. Holland, the Board adopted the following resolution: WHEREAS, Mr. Brian Foutz will retire from the Chesterfield County Utilities Department on November 1, 2009; and WHEREAS, Mr. Foutz began his public service with Chesterfield County on October 14, 1978, working in the county's print shop, was hired by Chesterfield Utilities Department in May of 1979 as an Assistant Storekeeper and later as a Utility Plant mechanic; and WHEREAS, Mr. Foutz was promoted to Senior Labor Crew Chief in 2009 where he served faithfully until his retirement; and WHEREAS, from 1982 to 2009, Mr. Foutz maintained and operated water pumping and storage facilities and equipment essential to the distribution of clean drinking water to Chesterfield County's public water system; and WHEREAS, Mr. Foutz was focused on providing world-class customer service by consistently meeting or exceeding customer expectations; and WHEREAS, Mr. Foutz continuously utilized his knowledge and experience to provide water service that is safe, reliable and environmentally sound; and WHEREAS, Mr. Foutz was highly respected by his peers and co-workers; and WHEREAS, Mr. Foutz willingly and faithfully worked endless hours during emergencies and after hours to ensure continued service to Chesterfield County's public water system customers; and WHEREAS, throughout. his career with Chesterfield County, Mr. Foutz displayed leadership, aptitude, and good character and values. J J J 09-602 10/28/09 NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes Mr. Brian Foutz and extends on behalf of its members and the citizens of Chesterfield County, appreciation for over 31 years of exceptional service to the county. U AND, BE IT FURTHER RESOLVED that a copy of this resolution be presented to Mr. Foutz 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.l.c. SUPPORTING CONSTRUCTION OF THE MERIDIAN WATERMARK APARTMENTS USING PROCEEDS FROM TAX-EXEMPT BONDS ISSUED BY THE VIRGINIA HOUSING DEVELOPMENT AUTHORITY UNDER THEIR MIXED-INCOME PROGRAM u On motion of Mr. Gecker, seconded by Mr. Holland, the Board adopted the following resolution: WHEREAS, the Board of Supervisors of the County of Chesterfield, Virginia, desires to make the determination required by Section 36-55.30:2.B of the Code of Virginia of 1950, as amended, in order for the Virginia Housing Development Authority t o finance the economically mixed project (the "Project") described on Exhibit A attached hereto: NOW, THEREFORE,, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF CHESTERFIELD, VIRGINIA THAT: 1. the ability to provide residential housing and supporting facilities that serve persons or families of lower or moderate income will be enhanced if a portion of the units in the Project are occupied or held available for occupancy by persons and families who are not of low and moderate income; and 2. private enterprise and investment are not reasonably expected, without assistance, to produce the construction or rehabilitation of decent, safe and sanitary housing and supporting facilities that will meet the needs of low and moderate income persons and families in the surrounding area of the Project and this Project will induce other persons and families to live within such area and thereby create a desirable economic mix of residents in such area. Adopted by the Board of Supervisors of the County of Chesterfield, Virginia, on the 28th day of October, 2009. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 8.C.2. AWARD OF GRANT FUNDS 8.C.2.a. FROM THE UNITED STATES DEPARTMENT OF JUSTICE, COPS OFFICE FOR THE 2009 COPS TECHNOLOGY PROGRAM On motion of Mr. Gecker, seconded by Mr. Holland, the Board accepted and appropriated the award from the US Department of Justice, COPS Office, COPS Technology Program Grant in the 09-603 10/28/09 amount of $300,000 and authorized the County Administrator to execute all documents. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 8.C.2.b. FY2010 HIGHWAY SAFETY PROJECT FROM THE DEPARTMENT OF MOTOR VEHICLES FOR THE On motion of Mr. Gecker, seconded by Mr. Holland, the Board authorized the Police Department to accept and appropriate the award from the Virginia Department of Motor Vehicles, Highway Safety Project Grant in the amount of $75,124 and authorized the County Administrator to execute all documents. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 8.C.3. SET DATES FOR PUBLIC HEARINGS 8.C.3.a. TO CONSIDER THE CONVEYANCE OF LEASES OF REAL PROPERTY AT VARIOUS PARK SITES AND ATHLETIC COMPLEXES FOR OPERATION OF FOOD CONCESSIONS BY CO-SPONSORED ATHLETIC ASSOCIATIONS AND LEAGUES On motion of Mr. Gecker, seconded by Mr. Holland, the Board set November 18, 2009 for a public hearing for the Board to consider the conveyance of leases of real property for operation of food concessions at various park sites. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 8.C.3.b. TO CONSIDER AMENDMENTS TO THE COUNTY CODE RELATING TO POLICE PERMITS FOR NIGHTCLUBS On motion of Mr. Gecker, seconded by Mr. Holland, the Board set November 18, 2009, for a public hearing for the Board to consider amendments to the requirement for police permits to operate nightclubs. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 8.C.3.c. TO CONSIDER AMENDMENTS TO THE COUNTY CODE RELATING TO SHOOTING ARROWS FROM BOWS NEAR BUILDINGS On motion of Mr. Gecker, seconded by Mr. Holland, the Board set November 18, 2009, for a public hearing for the Board to consider an ordinance to amend Section 14-10 of the County Code relating to shooting arrows from bows near buildings. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. J J J 09-604 10/28/09 8.C.4. APPROVAL OF THE VIRGINIA SUPPORTIVE HOUSING PROJECT AND APPROPRIATION OF PROGRAM INCOME TO ENABLE THE TRANSFER OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS On motion of Mr. Gecker, seconded by Mr. Holland, the Board approved the Virginia Supportive Housing South Richmond SRO Project, appropriated $112,832 in Program Income to enable the transfer of $250,000 of Community Development Block Grant (CDBG) funds, and authorized the County Administrator to execute an agreement with Virginia Supportive Housing. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 8.C.5. APPROVAL OF RENAMING OF WEEPING WILLOW DRIVE TO CHAMPIONSHIP CROSSING On motion of Mr. Gecker, seconded by Mr. Holland, the Board approved the renaming of Weeping Willow Drive to Championship Crossing. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 8.C.6. REQUEST FOR PERMIT FOR CLOVER HILL HIGH SCHOOL TO STAGE A FIREWORKS DISPLAY AT ITS FOOTBALL GAME ON NOVEMBER 13, 2009 u On motion of Mr. Gecker, seconded by Mr. Holland, the Board approved a permit for Clover Hill High School to stage a fireworks display at the Clover Hill football game on November 13, 2009. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 8.C.7. REQUESTS TO QUITCLAIM 8.C.7.a. A PORTION OF A SIXTEEN-FOOT WATER EASEMENT ACROSS THE PROPERTY OF WAL-MART STORES EAST, LP On motion of Mr. Gecker, seconded by Mr. Holland, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute a quitclaim deed to vacate a portion of a 16-foot water easement across the property of Wal-Mart Stores East, LP. (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.7.b. PORTIONS OF SIXTEEN-FOOT WATER EASEMENTS ACROSS THE PROPERTY OF CHIPPENHAM AND JOHNSTON-WILLIS HOSPITALS, INCORPORATED On motion of Mr. Gecker, seconded by Mr. Holland, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute a quitclaim deed to vacate portions of 16-foot water easements across the property of 09-605 10/28/09 Chippenham and Johnston-Willis Hospitals, Inc. (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.7.c. EASEMENT ACROSS THE PROPERTY OF EDCO, LLC A PORTION OF A VARIABLE WIDTH SEWER AND WATER On motion of Mr. Gecker, seconded by Mr. Holland, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute a quitclaim deed to vacate a portion of a variable width sewer and water easement across the property of EDCO,LLC. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Nays: 8.C.8. Warren, Gecker, Jaeckle, Holland, and Durfee. None. PLANT MODIFICATIONS AT PROCTORS CREEK WASTEWATER TREATMENT APPROVAL OF CHANGE ORDER NUMBER FIVE FOR THE PHASE II On motion of Mr. Gecker, seconded by Mr. Holland, the Board approved change order number five for the Phase II modifications at Proctors Creek Wastewater Treatment Plant in the amount of $169,709.00 and authorized the County Administrator to execute the necessary documents. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 8.C.9. REQUESTS FOR PERMISSION 8.C.9.a. FROM CHESTERFIELD HEALTH INVESTORS, LLC FOR A CONCRETE DUMPSTER PAD, SIDEWALK AND TURNAROUND TO ENCROACH WITHIN A SIXTEEN-FOOT WATER EASEMENT AND A VARIABLE WIDTH SEWER EASEMENT ACROSS PROPERTY ON IRON BRIDGE ROAD On motion of Mr. Gecker, seconded by Mr. Holland, the Board approved a request for permission from Chesterfield Health Investors, LLC for a concrete dumpster pad, sidewalk and turnaround to encroach within a 16-foot water easement and a variable width sewer easement across property at 12001 Iron Bridge Road, subject to the execution of a license agreement. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. J J J 09-606 10/28/09 8.C.9.b. FROM OTBR LLC FOR A SIGN TO ENCROACH WITHIN A FIFTY-FOOT COUNTY RIGHT OF WAY ADJACENT TO IRON BRIDGE ROAD u On motion of Mr. Gecker, seconded by Mr. Holland, the Board approved a request for permission from OTBR LLC for a sign to encroach within a 50-foot county right of way adjacent to Iron Bridge 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.9.c. FROM PMF LLC FOR AN EXISTING ASPHALT PEDESTRIAN TRAIL TO ENCROACH WITHIN TWO TWENTY-FOOT BEST MANAGEMENT PRACTICE ACCESS EASEMENTS AND TWO VARIABLE WIDTH STORM WATER MANAGEMENT SYSTEM BEST MANAGEMENT PRACTICE SYSTEM EASEMENTS ACROSS OPEN SPACES D AND E, THE SANCTUARY AT WATERMILL, SECTION A C On motion of Mr. Gecker, seconded by approved a request for permission existing asphalt pedestrian trail to foot BMP access easements and two easements across open spaces D & Watermill, Section A, subject to the agreement. (It is noted a copy of the papers of this Board.) Mr. Holland, the Board from PMF LLC for an encroach within two 20- variable width SWM/BMP E, The Sanctuary At execution of a license plat is filed with the Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 8.C.9.d. FROM MESFIN A. TEFERA AND SENAITE D. TEFERA FOR A PROPOSED FENCE TO ENCROACH WITHIN AN EIGHT-FOOT EASEMENT ACROSS LOT 29, STEWART VILLAGE, SECTION A AT CHARTER COLONY On motion of Mr. Gecker, seconded by Mr. Holland, the Board approved a request for permission from Mesfin A. Tefera and Senaite D. Tefera for a proposed fence to encroach within an 8-foot easement across Lot 29, Stewart Village, Section A at Charter Colony, subject to the execution of a license agreement. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 8.C.10. ACCEPTANCE OF A PARCEL OF LAND ALONG BEACH ROAD FROM JOHN P. KIRWAN, JR. AND BECKY H. KIRWAN On motion of Mr. Gecker, seconded by Mr. Holland, the Board accepted the conveyance of a parcel of land containing 0.291 acres along Beach Road from John P. Kirwan, Jr. and Becky H. Kirwan 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. 09-607 10/28/09 8.C.11. STATE ROAD ACCEPTANCES 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: White Oak Apartments 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 • Chestnut Hill Lane, State Route Number 7420 Old Route Number: 0 From: Old Stage Rd., (Rt. 732) To: Chestnut Hill Rd., (Rt. 872), a distance of: 0.19 miles. Recordation Reference: Db. 8154, Pg. 708 Right of Way width (feet) = 60 • Chestnut Hill Road, State Route Number 872 Old Route Number: 0 From: Chestnut Hill Ln., (Rt. 7420) To:. Cul-de-sac, a distance of: 0.09 miles. Recordation Reference: Db. 8154, Pg. 708 Right of Way width (feet) = var 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 J J J 09-608 10/28/09 Street Requirements of the Virginia Department of Transportation. U 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: 0977-020-271 Type Change to the Secondary System of State Reason for Change: Access Project, Recreational. Pursuant to Code of Virginia X33.1-229, §33.1-223 Street Name and/or Route • Mount Hermoa Road, State Route Number 606 Old Route Number: 0 From: Genito Rd., (Rt. 604) To: Loop Rd., (Rt. 7445), a distance of: 0.14 miles. Right of Way width (feet) = 90 • Loop Road, State Route Number 7445 Old Route Number: 0 From: Mount Hermon Rd., (Rt. 606) To: EOM, a distance of: 0.05 miles. Right of Way width (feet) = 90 • Mouat Hermon Road, State Route Number 606 Old Route Number: 0 From: Loop Rd., (Rt. 7445) To: Temp EOM, a distance of: 0.01 miles. Right of Way width (feet) = 90 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 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. 09-609 10/28/09 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: Mount Hermon Road Extension ~p change to the Secondary System of State Reason for Change: New subdivision street Pursuant to Code of Virginia §33.1-229 Street Name and/or Route • Mount Hermon Road, State Route Number 606 Old Route Number: 0 From: 0.01 mile south. of Loop Rd., (Rt. 7445) To: Cul-de-sac, a distance of: 0.49 miles. Recordation Reference: Db. 4864, Pg. 780 Right of Way width (feet) = 90 Addition Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 8.C.12. TRANSFER OF DISTRICT IMPROVEMENT FUNDS 8.C.12.a. FROM THE BERMUDA DISTRICT IMPROVEMENT FUND TO THE PARKS AND RECREATION DEPARTMENT FOR EQUIPMENT RENTAL AND CHARGES FOR USE OF THE BENSLEY COMMUNITY BUILDING FOR THE VETERAN'S DAY CEREMONY AT BENSLEY PARK On motion of Mr. Gecker, seconded by Mr. Holland, the Board transferred $361.40 in Bermuda District Improvement Funds to the Parks and Recreation Department to rent a tent and chairs and pay labor charges for staffing and cleaning the Bensley Community Building as part of the 2009 Veteran's Day ceremony at Bensley Park. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 8.C.12.b. FOR THE MATOACA DISTRICT IMPROVEMENT FUND TO VIRGINIA STATE UNIVERSITY FOR A DONATION TO ITS SCHOLARSHIP PROGRAM On motion of Mr. Gecker, seconded by Mr. Holland, the Board transferred $2,500 from the Matoaca District Improvement Fund to Virginia State University for a donation to its scholarship program. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. J J J 09-610 10/28/09 8.C.13. AWARD A CONTRACT TO WOODLAND CONSTRUCTION INCORPORATED FOR THE RENOVATION OF THE THIRD, FOURTH AND FIFTH FLOORS OF THE LANE B. RAMSEY ADMINISTRATION BUILDING On motion of Mr. Gecker, seconded by Mr. Holland, the Board approved .the award and authorized the County Administrator to execute a contract with Woodland Construction Incorporated in the amount of $1,103,090, for renovation of the third, fourth and fifth floors of the Lane B. Ramsey Administration Building. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 9. REPORTS 9.A. REPORT ON STATUS OF GENERAL FUND BALANCE, RESERVE FOR FUTURE CAPITAL PROJECTS, DISTRICT IMPROVEMENT FUNDS AND LEASE PURCHASES 9.B. REPORT ON ROADS ACCEPTED INTO THE STATE SECONDARY SYSTEM On motion of Ms. Durfee, seconded by Mr. Warren, the Board accepted the following report: 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: ABANDONMENT 0095-020-101, G-303 (Effective 09/29/2009) States Avenue (Route 698) - From 0.31 miles west of Hackberry Road (Route 833) to 0.33 miles west of Hackberry Road (Route 833) States Avenue (Route 698) - From 0.33 miles west of Hackberry Road (Route 833) to 0.41 mile west of Hackberry Road (Route 833) 21 T1T1 T T TlITT BENDAHL VALLEY SECTION B Bendahl Valley Drive (Route 7375) - From Bendahl Valley Terrace (Route 7377) to cul-de-sac Bendahl Valley Drive (Route 7375) - From Kingsland Road (Route 611) to Tatterton Trail (Route 7376) Bendahl Valley Drive (Route 7375) - From Tatterton Trail (Route 7376) Bendahl Valley Terrace (Route 7377) LENGTH -0.02 Mi. -0.08 Mi. LENGTH 0.03 Mi. 0.06 Mi. 0.02 Mi. 09-611 10/28/09 Bendahl Valley Terrace (Route 7377) - From Bendahl Valley Drive (Route 7375) to cul-de-sac 0.09 Mi. Finworth Lane (Route 7230) - From Tatterton Trail (Route 7376) to 0.07 miles south of Baxter Bridge Drive (Route 7228) 0.02 Mi. Tatterton Trail (Route 7376) - From Bendahl Valley Drive (Route 7375) to Finworth Lane (Route 7230) 0.07 Mi. Tatterton Trail (Route 7376) - From Finworth Lane (Route 7230) to cul-de-sac 0.17 Mi. LITTLE TOMAHAWK STATION (Effective 09/17/2009) Little Hawk Court (Route 7307) - From Little Hawk Drive (Route 7306) to cul-de-sac 0.05 Mi. Little Hawk Drive (Route 7306) - From Little Hawk Place (Route 7308) to cul-de-sac 0.05 Mi. Little Hawk Drive (Route 7306) - From Little Hawk Place (Route 7308) to Little Hawk Court (Route 7307) 0.07 Mi. Little Hawk Drive (Route 7306) - From Little Hawk Court (Route 7307) to Otterdale Road (Route 667) 0.10 Mi. Little Hawk Place (Route 7308) - From Little Hawk Drive (Route 7306) to cul-de-sac 0.09 Mi. Wallingham Drive (Route 1057) - From 0.14 miles north of Aldengate Road (Route 1054) to Wallingham Loop (Route 7309) 0.02 Mi. Wallingham Drive (Route 1057) - From Wallingham Loop (Route 7309) to Wallingham Loop (Route 7309) 0.01 Mi. Wallingham Drive (Route 1057).- From Wallingham Loop (Route 7309)'to Little Hawk Drive (Route 7306) 0.12 Mi. Wallingham Loop (Route 7309) - From Wallingham Drive (Route 1057) to Wallingham Drive (Route 1057) 0.06 Mi. TARRINGTON 6 (Effective 09/29/2009) Edmonton Drive (Route 7364) - From Welby Drive (Route 7102) to Ellerton Drive (Route 7365) 0.13 Mi. Edmonton Drive (Route 7364) - From Ashwell Drive (Route 5843) to Welby Drive (Route 7102) 0.15 Mi. J J J 09-612. 10/28/09 Ellerton Court (Route 7366) - From Ellerton Drive (Route 7365) to cul-de-sac 0.06 Mi. Ellerton Drive (Route 7365) - From Edmonton Drive (Route 7364) to Ellerton Court (Route 7366) 0.07 Mi. Ellerton Drive (Route 7365) - From Ellerton Court (Route 7366) to Ellerton Terrace (Route 7367) 0.11 Mi. Ellerton Drive (Route 7365) - From Edmonton Drive (Route 7364) to cul-de-sac 0.04 Mi. Ellerton Terrace (Route 7367) - From Ellerton Drive (Route 7365) to cul-de-sac 0.06 Mi. Ellerton Terrace (Route 7367) - From Ellerton Drive (Route 7365) to cul-de-sac 0.05 Mi. Welby Drive (Route 7102) - From Edmonton Drive (Route 7364) to temporary end of maintenance 0.05 Mi. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 10. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED Mr. William Shewmake addressed the Board on the work done by YardWorks and Grind-All using yard waste to create mulch. He stated the process prevents the yard waste from entering the landfill. He requested that the Board have the Citizens Recycling Committee to review -the process of having yard waste placed in the landfill at the county transfer stations and also requested that the Recycling Advisory Committee review bids to recycle yard waste. MATTERS Mr. George Reynolds requested the Board to review the policy of not allowing citizens to remove parts from appliances that are taken to the landfills. 11. DINNER On motion of Mr. Warren, seconded by Mr. Holland, the Board recessed to the Lane B. Ramsey Administration Building, Room 502, for dinner. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. Reconvening: 12. INVOCATION Reverend Mark Roberts, Associate Pastor, New Direction Evangelistic Church, gave the invocation. 09-613 10/28/09 13. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Eagle Scout Matthew Christopher Johnson led the Pledge of Allegiance to the Flag of the United States of America. 14. RESOLUTIONS 14.A. INSTITUTIONS COLLEGES AND UNIVERSITIES THAT ARE MASTER-LEVEL NUMBER ONE IN THE NATION AMONG HISTORICALLY BLACK RECOGNIZING VIRGINIA STATE UNIVERSITY ON BEING NAMED Mr. Kappel introduced Mr. Eddie Moore, President of Virginia State University, who was present to receive the resolution. On motion of Mr. Holland, seconded by Ms. Durfee, the Board adopted the following resolution: WHEREAS, Chesterfield County is proud to have historic Virginia State University located within its borders; and WHEREAS, founded in March 1882 as the Virginia Normal and Collegiate Institute, VSU was the first fully state- supported institution of higher learning for African American students; and WHEREAS, as one of Virginia's two land-grant institutions, VSU has a 416-acre agricultural research facility in addition to its many classroom buildings, dormitories and other facilities; and WHEREAS, today, while remaining committed to its role as a historically black university, Virginia State University has nearly 5,000 students of all ethnic backgrounds, and offers 47 baccalaureate and master's programs and a doctoral program in education; and WHEREAS, VSU students can major in such diverse disciplines as computer engineering, mass communications, manufacturing engineering, criminal justice and more; and WHEREAS, in 2005, the university added a nursing degree program to its many other offerings; and WHEREAS, the School of Graduate Studies, Research and Outreach provides non-traditional students in the surrounding counties the opportunity to work toward a formal degree or to attend for professional growth and self-fulfillment; and WHEREAS, Virginia State University has, for many years, partnered with Chesterfield County to host the region's largest Black History Month celebration, inviting thousands of visitors to Daniel Gymnasium for the annual kick-off concert that has featured top performers including Gladys Knight, James Brown, The Commodores, The Temptations, The Four Tops, Ashford and Simpson and many others; and WHEREAS, in September 2009, U.S. News & World Report, in its first-ever ranking of 81 Historically Black Colleges and J J J 09-614 10/28/09 Universities, named Virginia State University number one in the nation among masters-level institutions; and WHEREAS, Chesterfield County is immensely proud of Virginia State University's achievement and of the continuing strong bonds of friendship, mutual respect and support that the university and the local government have had through the years. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 28th day of October 2009, congratulates Virginia State University on being named number one in the nation among historically black colleges and universities that are masters-level institutions, commends the past and present faculty and administration on this and the many other exemplary accomplishments of the university, and extends best wishes to VSU and its students, faculty and staff for continued success. AND, BE IT FURTHER RESOLVED that a copy of this resolution be presented to Virginia State University, and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. Ms. Durfee presented the executed resolution to Mr. Moore, congratulated him on Virginia State University's achievements and wished him success in his future endeavors. Mr. Moore expressed appreciation for the recognition and for the support of Chesterfield County for Virginia State University. Mr. Stegmaier expressed appreciation for the work Virginia State University has done for the community. Mr. Stith expressed appreciation to Mr. Stegmaier and the Board of Supervisors for allowing him the time to work with Virginia State University. 14.B. RECOGNIZING MR. MATTHEW CHRISTOPHER JOHNSON UPON ATTAINING THE RANK OF EAGLE SCOUT ^# Mr. Kappel introduced Mr. Matthew Christopher Johnson, who was present to receive the resolution. On motion of Mr. Holland, seconded by Mr. Warren, 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 09-615 10/28/09 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. Matthew Christopher Johnson, Troop 184, sponsored by Wesley United Methodist 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, Matthew 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 28th day of October 2009, publicly recognizes Mr. Matthew Christopher Johnson, 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. Ms. Jaeckle presented the executed resolution and patch to Mr. Johnson, congratulated him on his achievements and wished him well in future endeavors. Mr. Johnson provided details of his Eagle Scout project and expressed appreciation for his parents' support. Ms. Johnson expressed appreciation to Mr. Ed Nicely, with the Community Services Board, for working with her son to decide on a project. 14.C. RECOGNIZING GIRL SCOUTS UPON ATTAINING THE GOLD AWARD 14.C.1. MS. EMILY ELIZABETH WARWICK, CLOVER HILL DISTRICT 14.C.2. MS. JESSICA ELIZABETH WERT, MIDLOTHIAN DISTRICT Mr. Kappel introduced Ms. Emily Elizabeth Warwick, who was present to receive her resolution. 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 J J J 09-616 10/28/09 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 ~!J u 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 Elizabeth Warwick and Ms. Jessica Elizabeth Wert, both 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 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 28th day of October 2009, publicly recognizes 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. Warren presented the executed resolution and patch to Ms. Warwick, congratulated her on her achievements and wished her well in future endeavors. Ms. Warwick provided details of her Gold Award project and expressed appreciation for her parents' support. (It is noted Ms. Wert was unable to attend the meeting and her resolution will be forwarded to her.) 15. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED MATTERS Mr. Phil Quinn addressed the Board regarding the safety of the intersection of Woodlake Village Parkway and Village Square Parkway due to the number of recent accidents. 16. REQUESTS FOR MANUFACTURED HOME PERMITS AND REZONING PLACED ON THE CONSENT AGENDA TO BE HEARD IN THE FOLLOWING ORDER: - WITHDRAWALS/DEFERRALS - CASES WHERE THE APPLICANT ACCEPTS THE RECOMMENDATION AND THERE IS NO OPPOSITION - CASES WHERE THE APPLICANT DOES NOT ACCEPT THE RECOMMENDATION AND/OR THERE IS PUBLIC OPPOSITION WILL BE HEARD AT SECTION 18 07SN0341 In Bermuda Magisterial District, ACQUISITIONS PLUS LLC requests rezoning and amendment of zoning district map from Light Industrial (I-1) and Residential (R-7) to Residential 09-617 10/28/09 Townhouse (R-TH) on 16.9 acres fronting approximately 920 feet on the north and south lines of Gayland Avenue approximately 600 feet east of Jefferson Davis Highway. Residential use of up to 8.0 units per acre is permitted in a Residential Townhouse (R-TH) District. The Comprehensive Plan suggests the property is appropriate for residential use of 2.5-4 units per acre. Tax IDs 792-678-1855, 2312, 2756, 3614, 3859, 4762, 5018, 5765, 6322, 6667, 7626, 7770, 8673 and 9532; and 793-678-0077. Mr. Turner stated the applicant is requesting a six-month deferral to the regularly scheduled meeting in April 2010. Ms. Kristen Keatley, the applicant's representative, requested a six-month deferral to the regularly scheduled meeting in April 2010. 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 07SN0341 to the regularly scheduled April 2010 meeting. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 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 presented a summary of Case lOSN0110 and stated staff recommends approval of the request subject to the conditions. Ms. Jaeckle stated she would like the case moved to the contested agenda. ineNn~na In Midlothian Magisterial District, ROBERT BHAT requests amendment of Conditional Use Planned Development (Case 86SN0011) and amendment of zoning district map to permit nightclub and outdoor dining uses in a Light Industrial (I-1) District on 2.7 acres known as 200 North Otterdale Road. Density will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for light industrial/flex use. Tax ID 721-710- 5172. Mr. Turner presented a summary of Case lOSN0104 and stated the Planning Commission and staff recommends approval and acceptance of the proffered condition. J J J 09-618 10/28/09 Mr. Michael Lafayette, the applicant's representative, stated the proffered condition was acceptable. ^1i Mr. Warren called for public comment. There being no one to address the request, the public hearing was closed. On motion of Mr. Gecker, seconded by Ms. Jaeckle, the Board approved Case lOSN0104 and accepted the following proffered condition: The following uses shall be permitted as accessory to a commercial indoor recreational use: a. Nightclub use, provided- such use is conducted entirely within an enclosed building and shall not occupy greater than 2,000 gross square feet in area. b. Outdoor dining, provided such use shall not occupy greater than 500 gross square feet in area. Views of this outdoor dining area from North Otterdale Road shall be minimized with the installation of trees and shrubs within the center parking island, east of the patio. A landscape plan depicting this treatment shall be submitted to the Planning Department within forty-five (45) days of approval of this amendment. The execution of this approved plan shall occur no later than March 30, 2010. (P) ^i of Case 86SN0011 shall remain in effect.) Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. (Note: This condition is in addition to Condition 13 of Case 86SN0011 for the subject property only. All other conditions lOSN0107 In Dale Magisterial District, CRICKET COMMUNICATIONS requests amendment of Conditional Use Planned Development (Case 99SN0203) and amendment of zoning district map relative to tower height in a Residential Townhouse (R-TH) District on 3.5 acres fronting 12 feet on the north line of Courthouse Road, 300 feet east of Fallow Drive. Density will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for light industrial use. Tax ID 767-666-Part of 7026. Mr. Turner presented a summary of Case lOSN0107 and stated the Planning Commission and staff recommends approval subject to the condition. Mr. Paul Peckins, the Site Development Manager for Cricket Communications, accepted the recommendation. Mr. Warren called for public comment. There being no one to address the request, the public hearing was closed. 09-619 10/28/09 On motion of Mr. Holland, seconded by Ms. Durfee, the Board approved Case lOSN0107 subject to the following condition: Any communications tower shall not exceed a height of 123 feet. (P) (Staff Note: This condition supersedes Condition 9 of Case 99SN0203.) Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 08SN0286 In Midlothian Magisterial District, VICTORY LADY requests Conditional Use and amendment of zoning district map to permit a computer-controlled, variable message, electronic sign in a Community Business (C-3) District on 1.9 acres fronting approximately 220 feet on the north line of Midlothian Turnpike, approximately 630 feet west of Robious Road. The density will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for general commercial use. Tax ID 749-709-1045. Mr. Turner stated Mr. Gecker is requesting a deferral of Case 08SN0286 to November 18, 2009. Mr. Gecker stated due to an illness of the applicant and applicant's representative, he would like to defer Case 08SN0286 to November 18, 2009. Mr. Warren called for public comment. There being no one to address the request, the public hearing was closed. On motion of Mr. Gecker, seconded by Mr. Holland, the Board deferred Case 08SN0286 to November 18, 2009. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 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. Mike Janosik presented a summary of Case lOSN0110 and stated staff recommends approval subject to the conditions due to the request not having adverse impacts on the neighborhood. Mr. Bobby Powers stated he purchased the home three years ago. He further stated he was living in the house located J J J 09-620 10/28/09 next door but lost the house due to foreclosure and moved into the manufactured home. He requested approval of the request for seven more years. C u Warren called for public comment. There being no one to address the request, the public hearing was closed. Ms. Jaeckle stated one of the conditions for the prior permit restricting the manufactured home to be only owner occupied was violated. She further stated staff had received complaints that the property was being rented out to people other than those listed on the previous Manufactured Home Permit. She made a motion to deny Case lOSN0110. Mr. Warren stated the applicant has an opportunity to make final comments before the Board moves on the motion. Mr. Powers stated he and his family live in the manufactured home. He further stated the manufactured home is the only home his family has to live in. He stated he lost the house he lived in prior to moving into the manufactured home to foreclosure. He requested the Board approve the manufactured home request. Ms. Jaeckle stated the renting of the manufactured home took place prior to Mr. Powers' family moving into it. Mr. Janosik stated the violation of the condition is currently pending in court pending the hearing of this request. Ms. Jaeckle reiterated her motion to deny Case lOSN0110. Ms. Durfee sought confirmation that the issues which put Mr. Powers in violation of the condition occurred prior to him moving into the manufactured home. In response to Ms. Durfee's questions, Mr. Janosik stated Mr. Powers was summonsed to court for being in violation of the condition prior to his move into the manufactured home. He further stated Mr. Powers is now in compliance with the past rental condition. He stated Mr. Powers is in violation of living in the manufactured home because his name is not on the Manufactured Home Permit. He further stated Mr. Powers would be in compliance for the current violation if the Manufactured Home Permit is approved by the Board. In response to Mr. Holland's question, Mr. Janosik stated the court case against Mr. Powers has been continued two or three times. He further stated the judge is awaiting the outcome of the manufactured home request. He stated Mr. Powers has owned the property for about three years and prior to the purchase another person owned the manufactured home and had four years on the existing permit. In response to Mr. Warren's question, Mr. Janosik stated if the Manufactured Home Permit is denied by the Board, the manufactured home would have to be removed from the property. He further stated staff will wait until the Board approves the minutes to start the violation action on the manufactured home. 09-621 10/28/09 In response to Ms. Durfee's question, Mr. Janosik stated if the manufactured home permit is approved Mr. Powers will not be in violation. Mr. Gecker then made a substitute motion, seconded by Ms. Durfee, for the Board to defer Case lOSN0110 to November 18, 2009. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. ~ ne*Tn~ n~ In Dale Magisterial District, THURMAN INGRAM requests Conditional Use and amendment of zoning district map to permit two (2) two-family dwellings in a Residential (R-7) District on .4 acre located in the northeast quadrant of Stella and Belmont Roads. Density will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for residential use of 7.01 dwelling units per acre or more. Tax IDs 772-692-6027 and 6724. Ms. Darla Orr presented a summary of Case lOSN0102 and stated the Planning Commission recommends approval and acceptance of the proffered conditions, given that two dwelling units are currently permitted on the lots and only two additional units',. are proposed. She further stated staff recommends denial due to the request failing to mitigate the impact on capital facilities. Mr. Thurman N. Ingram accepted the Planning Commission's recommendation. Mr. Warren called for public comment. Mr. and Mrs. Martin Kirwan, adjacent property owners, spoke in support of the request. Ms. Andrea Epps spoke in support of the request. She inquired under what circumstances a differential proffered condition would be accepted. There being no one else to address the request, the public hearing was closed. On motion of Mr. Holland, seconded by Ms. Durfee, the Board approved Case lOSN0102 and accepted the following proffered conditions: 1. Within sixty (60) days of a request by the Transportation Department, a twelve (12) foot wide sidewalk/pedestrian easement shall be recorded along Belmont Road for the entire length of the property frontage. (T) 2. There shall be no direct vehicular access from the property to Belmont Road. (T) 3. Cash Proffer. Beginning with the third unit, the applicant, subdivider, or assignee(s) shall pay the 09-622 10/28/09 J J J following to the County of Chesterfield, prior to the issuance of a building permit, for infrastructure improvements within the service district for the property: a. $18,966 per dwelling unit, if paid prior to July 1, 2010; or u b. If paid after June 30, 2010, $18, 966 adjusted annually in accordance with the cash proffer policy. Cash proffer payments shall be spent for the purposes proffered or as otherwise permitted by law. (B&M) u Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. lOSN0103 In Midlothian Magisterial District, GRAY LAND AND DEVELOPMENT COMPANY, LLC requests amendment of Conditional Use and Conditional Use Planned Development (Case 06SN0190) and amendment of zoning district map relative to master plan, uses, phasing of rights-of-way dedication and development standards in a Community Business (C-3) District on 284 acres located in the northwest corner of Watkins Centre Parkway and Route 288. Density will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for regional employment center, office/residential mixed use and residential use of one dwelling or less per acre. Tax IDs 714-712-0284; 715-712- 8474; and 715-714-4678. Ms. Jane Peterson presented a summary of Case lOSN0103 and stated the Planning Commission recommends approval subject to the condition and acceptance of the proffered conditions, which provided assurances for completion of the transportation network. She further stated staff recommends denial due to the proposed amendments relative to rights-of- way dedication failing to address the impact on the transportation network. Mr. John Cogbill, the applicant's representative, requested the Board to follow the recommendation of staff. He stated the one issue with the request is when the dedication for right of way of Road A and Road B is done. He further stated the applicant is not in a position to dedicate the entire right of way. Mr. Warren called for public comment. There being no one to address the request, the public hearing was closed. Mr. Gecker stated the request is a technical correction to a prior zoning case. In response to Mr. Gecker's question, Mr. McCracken stated if the applicant had proffered the original zoning request this way, Transportation would have recommended approval. 09-623 10/28/09 Mr. Gecker stated the county received more than it thought it would get and does not want to let that position erode. He further stated what is being offered in this request would have been adequate in the original zoning request. On motion of Mr. Gecker, seconded by Mr. Holland, the Board approved Case lOSN0103 subject to the following condition: With the exception of Proffered Conditions 1, 3.A, 8 and 13.A, all previous conditions of Case 06SN0190 shall remain in effect. And, further, the Board accepted the following proffered conditions: The Owners and the Developer (the "Developer") in this zoning case, pursuant to §15.2-2298 of the Code of Virginia (1950 as amended) and the Zoning Ordinance of Chesterfield County, for themselves and their successors or assigns, proffer that the development of the Property known as Chesterfield County Tax Identification Number 715-714-4678, 714-712-0284, and 715- 712-8474 (the "Property") under consideration will be developed according to the following conditions if, and only if, the rezoning request for amendments to the C-3 with a conditional use planned development and a conditional use are granted. In the event the request is denied or approved with conditions not agreed to by the Developer, the proffers shall immediately be null and void and of no further force or effect. If the zoning is granted, these proffers and conditions will change the proffers and conditions now existing on the Property as indicated. 1. Master Plan. The Textual Statement dated July 2, 2009, last revised September 3, 2009, shall be considered the Master Plan. The Master Plan shall be considered the schematic plan set forth in Zoning Ordinance Section 19-261. (P) (Staff Notes: A. This proffer supersedes Proffered Condition 1 of Case 06SN0190. B. Requested amendments to the approved Textual Statement are identified on the attached copy with "strikes and underlines".) 2. The maximum number of dwelling units permitted on the Property shall be 1,600, of which a maximum of 500 dwelling units shall be permitted on Tract C and a minimum of 100 dwelling units shall be provided in Tract A. (P) (Staff Note: This proffer supersedes Proffered Condition 3.A of Case 06SN0190.) 3. Dedication. The following rights-of-way shall be dedicated, free and unrestricted, to Chesterfield County. The dedications of these rights-of-way shall be phased to conform to the approved Phasing Plan as identified in Proffered Condition #11. Dedication of the initial phase shall occur prior to, or in conjunction with recordation of the J J J 09-624 10/28/09 initial subdivision plat or prior to any first site plan approval or within sixty (60) days from a written request by the Transportation Department, whichever comes first. The exact location of these rights-of-way shall be approved by the Transportation Department. A. Dedication of a ninety (90) foot wide right- of-way for the proposed east-west major arterial (Road A) from Watkins Centre Parkway to Route 60. B. Dedication of a ninety (90) foot wide right- of-way for the proposed east-west major arterial (Road B) from Road A to Huguenot Springs Road. C. Dedication of forty-five (45) feet of right- of-way from the centerline of Huguenot Springs Road along that part of Huguenot Springs Road immediately adjacent to the Property. (Staff Note: This proffer supersedes Proffered Condition 8 of Case 06SN0190.) C 4. Restrictive Covenant. At a minimum, the restrictive covenants shall contain language that addresses the following issues. Such restrictive covenants shall be recorded prior to, or in conjunction with, the recordation of any subdivision plat and/or site plan that are adjacent to the following Chesterfield County Tax Identification Numbers 713-713-3477, 713-714-1250, 713-715-2505, 713-715-9894, 714-715-0732, 714-715- 3790, 714-716-5343, 714-716-6785, 714-717-9430, 715-717-3158, and 713-713-0255: A. In Tract C, Townhouses and Neighborhood Flats shall not be permitted within two hundred (200) feet of the property line that is shared in common with the Property and any of the parcels listed above. (P) (Staff Note: This proffer supersedes Proffered Condition 13.A of Case 06SN0190.) Ayes: Warren, Gecker, Jaeckle, and Holland. Nays : Durfee . lOSN0105 In Midlothian Magisterial District, ANNA K. BITTNER AND TIMOTHY R. TAYLOR request Conditional Use and amendment of zoning district map to permit a business (medical office) incidental to a dwelling in a Residential (R-9) District on .4 acre known as 1702 Homestead Court. Density will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for medium density residential use of 1.51 to 4.0 units per acre. Tax ID 745-712-8133. 09-625 10/28/09 Ms. Orr presented a summary of Case lOSN0105 and stated the Planning Commission recommends approval subject to the conditions and recommends that the proffered conditions not be accepted. She further stated staff recommends denial due to the proposed use not conforming to the Northern Area Plan. Mr. Matthew Kertz, the applicant's representative, stated the applicant does not accept the conditions recommended by the Planning Commission. He further stated the applicant seeks to have one employee be present at the home during business hours and to not be limited to the three year renewal period. He provided an overview of The Pain Relief Home and the type of practice it is. He stated the micro-practice model focuses on patient care by limiting the number of patients to be seen to three to five patients per day. He further stated the type of pain management offered by Dr. Taylor and Dr. Bittner is for disorders such as Fibromyalgia or for people who cannot find muscle treatment in other practices. He stated the closest location which offers the same treatments as Dr. Taylor and Dr. Bittner is in Bethesda, Maryland. He further stated home-based occupations are permitted in R-9 Districts which include home medical offices and this application differs in that it seeks a little more square footage to be permitted to be used for the business and for one non-family member employee in the home. He stated the impact on the surrounding neighborhood will be minimal. He requested the Board approve the request. Mr. Warren called for public comment. Mr. John Lamsens, the acting Heritage Commons Association President, spoke in opposition to the request. He stated it will be a safety issue to the residents of the neighborhood. Ms. Sharyl Adams spoke in support of Dr. Bittner and Dr. Taylor's request. Ms. Anna Russell, a county resident, spoke in support of the request. Ms. Kathy Adams, a county resident, spoke in support of the request. Ms. Connie Duval stated she has experienced neck and shoulder pain for 17 years and has been able to find relief with the treatment given by Dr. Taylor and Dr. Bittner. She requested the Board to approve the request. There being no one else to address this request, Mr. Warren closed the public hearing. Mr. Kertz presented copies of the petition supporting the request to the Board. In response to Mr. Warren's questions, Mr. Kertz stated the signatures on the petition are from residents of the neighborhood. He further stated he was aware the President of the Homeowner's Association was opposed to the request. He stated at the community meeting the applicant tried to address any concerns expressed. He stated a majority of the residents in the neighborhood expressed at the community meeting that the employee actually gave them an extra sense of security. J J J 09-626 10/28/09 U ~'J Mr. Gecker expressed appreciation to the citizens for speaking at the meeting. He stated the county does not allow home based businesses in certain circumstances. He further stated he is willing to deviate from the ordinance with regard to limiting the use to no more than 25 percent of the residence. He stated when citizens move into a residential neighborhood they have a reasonable expectation that the character of those neighborhoods stay residential. He further stated he does not support the encroachment of commercial enterprise into what is meant to be a residential neighborhood. On motion of Mr. Gecker, seconded by Mr. Holland, the Board approved Case lOSN0105 subject to the following conditions: 1. This Conditional Use shall be granted to and for Anna K. Bittner and Timothy R. Taylor, exclusively, and shall not be transferable nor run with the land. (P) 2. Only one (1) vehicle used in conjunction with this business and not exceeding Ordinance requirements for commercial vehicle parking in residential districts may be parked on the property at any time. (P) 3. A maximum of two (2) patients shall be permitted on the property at any one time, except that persons transporting patients will be permitted provided they shall not loiter outside of the home at any time. (P) 4. Hours of operation shall be limited to between 8:00 a.m. and 6:00 p.m., Monday through Friday and 8:00 a.m. and 12:30 p.m. on Saturday. There shall be no operation of the business on Sundays. (P) 5. One (1) sign not exceeding one (1) square foot in area shall be permitted to identify this use. (P) 6. The use shall be conducted within the dwelling and the total area for the use shall not exceed 600 square feet gross floor area. (P) 7. Other than normal maintenance and cosmetic enhancements, there shall be no exterior additions or alterations to the existing structure, nor any new construction, to accommodate this use. This does not restrict the property owners from providing necessary accommodations for the handicapped such as ramps. (P) 8. This Conditional Use shall be granted for a period not to exceed three (3) years from the date of approval. (P) Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. ~neNn~na In Bermuda Magisterial District, SIBLEY'S BAR B Q LLC requests rezoning from Residential (R-7) to Neighborhood Business (C-2) and amendment of zoning district map on 1 acre fronting 150 feet on the west line of Winfree Street, 80 feet south of West Hundred Road. Density will be controlled by 09-627 10/28/09 zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for residential use of 2.5 dwellings per acre or less. Tax ID 790-655-3715. Mr. Clay presented a summary of Case lOSN0108 and stated the Planning Commission and staff recommends approval and acceptance of the proffered condition. Mr. Sonny Currin, the applicant's representative, stated the proffered condition was 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. Ms. Jaeckle stated she hopes Sibley's is as successful with this move as they were with the first move. On motion of Ms. Jaeckle, seconded by Mr. Warren, the Board approved Case lOSN0108 and accepted the following proffered condition: A minimum fifteen (15) foot buffer shall be provided and maintained adjacent to property identified as Tax ID 790-655-4604. This buffer shall conform to the requirements of the Zoning Ordinance for buffers less than fifty (50) feet. The requirements for this buffer shall be eliminated at such time as property identified as Tax ID 790-655-4604. is zoned for non-residential use. (P) Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. Mr. Warren expressed appreciation to Mr. Sonny Currin for the time he spent on the Board of Supervisors. 17. PUBLIC HEARINGS 17.A. TO CONSIDER 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. Feest stated this date and time had been advertised for the Board to consider proposed amendments to County Code Section 19-65, 19-124, 19-301, 19-507, and 19-555(1) to permit residential wind energy systems (RWES) in agricultural and residential zones on lots/parcels of five acres or more. He presented the requested exhibit which demonstrated the placement of the residential wind energy systems on a residential parcel. In response to Mr. Gecker, Mr. Feest stated a wind energy system would be required to be located over 200 feet away from a dwelling on an adjacent property. In response to Mr. Gecker's question, Mr. Turner stated he remembers the Tower Siting Policy but does not remember the 09-628 10/28/09 J J J standard for placement relative to a dwelling on an adjacent property. C•7 Mr. Warren stated cell towers are frequently controversial and the closeness to a dwelling on an adjacent parcel is a legitimate concern. Mr. Gecker stated a lot of time was spent on the county's Tower Siting Policy figuring out where staff would agree that a tower could be located. Mr. Turner stated the Board could approve the ordinance with a further restriction which requires the wind energy systems be located in the rear yard of the home and no closer than 250 feet to a property line. Mr. Gecker stated he is not sure enough work has been done on the proposed ordinance. He further stated a monopole wind energy system will have the same impact on neighbors as a cell tower due to the similar heights allowed. He stated he was not ready to support the ordinance which would give citizens by a matter of right the ability to put the wind energy systems just about anywhere on their property. Mr. Warren stated he was not ready to move forward on the wind energy ordinance. He suggested staff review allowing industrial and commercial sites to utilize a wind energy system. Mr. Turner suggested if it is the desire of the Board to expand the ordinance to include industrial and commercial sites that the Board remand the item back to the Planning Commission for further analysis. Mr. Gecker stated he would be content to remand the proposed ordinance to the Planning Commission with the idea that restrictions similar to the cell tower policy be built into that ordinance and exceptions should be brought to the Board on a case by case basis. Mr. Turner stated staff would fine tune the information. He further stated given the payback for the investment a person would have to make to install a wind energy system, he does not believe they will be popping up all over the county. Mr. Gecker stated the reason the county can afford to delay the ordinance because there is not an immediate press of people wanting to install the wind energy systems. In response to Mr. Warren's question, Mr. Micas stated the easiest way to avoid a time limit is to deny the ordinance with the direction of the Planning Commission to initiate the process again. Mr. Warren stated the intent is not to deny the concept. Discussion ensued relative to the amount of time to give to the Planning Commission to work on the ordinance. In response to Ms. Durfee's questions, Mr. Planning Commission was pleased with the has done on the wind energy systems. He Planning Commission has a good grasp 09-629 Turner stated the research Mr. Feest further stated the of the issues 10/28/09 surrounding the ordinance but if the Board has a desire to expand the ordinance beyond residential and agricultural districts it must go back to the Planning Commission. He stated if the ordinance is remanded to the Planning Commission then by statute there is a 100-day time limitation in which the Planning Commission must return a recommendation to the Board. He further stated if the ordinance is remanded to the Planning Commission, the gentleman that has expressed an interest will bring a conditional use request forward to the Board. In response to Mr. Holland's question, Mr. Micas stated if the ordinance is remanded by the Board to the Planning Commission, they will have 100 days. He further stated the other option to create a longer time frame is to deny this version and direct the Planning Commission to initiate another ordinance. On motion of Mr. Warren, seconded by Mr. Holland, the Board remanded the ordinance relating to Residential Wind Energy Systems in agricultural and residential zones on lots/parcels of five acres or more to the Planning Commission. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 17.B. CENTER - SOUTHPORT AREA SERVICE DISTRICT TO CONSIDER THE ESTABLISHMENT OF A CHESTERFIELD TOWNE Mr. Jacobson stated this date and time had been advertised for the Board to consider the establishment of a Chesterfield Towne Center-Southport Area Service District. He further stated this is a landscaping project on the median of Midlothian Turnpike to be paid for by a 2-cent increase of the real estate property tax within the benefiting area. He stated the estimate for the installation of the landscaping plus construction management is approximately $378,000 and a plan for quality management plan which will cost approximately $68,000 a year. He further stated there have been three meetings on this subject. Mr. Warren called for public comment. Mr. Ray Burke, the Vice President of Super Radiator Coils, stated the project started in October 2008 when business owners came together to see what could be done to improve the appearance of Midlothian Turnpike. He further stated the proposal has 23 endorsements of the primary property owners in the service district. He requested the Board approve the proposal. There being no one else to address the request, the public hearing was closed. Mr. Gecker stated those charged with maintaining our road environment are not doing it. He further stated the county decided to subsidize western development along Midlothian causing harm to the central part of the district. He stated it is incredibly reasonable of the businesses in this corridor to come forward and be willing to pay for these improvements to the medians and to request help with a structuring mechanism. He further stated the Board is not J J J 09-630 10/28/09 imposing a tax but facilitating a solution to a problem, which is being funded by those that want the solution. He stated the Southport business owners and the larger property owners are supportive of the request. He expressed appreciation to the property owners who support this request. r~~ L In response to Ms. Durfee's question, Mr. Gecker stated the reason the district did not expand to the entrance of Wal- mart or the Village of Midlothian was the cost of that expansion. He further stated there are plans for a Phase II, which would incorporate more geography, sidewalks and better landscaping along Midlothian Turnpike. He stated the core area will be served first and if there is a belief it is working there will be a request to expand the area and the services provided for the district. Mr. Warren stated the request is a grass roots effort from the business community. He further stated the request has the support of the Southport Business Association and approximately 20 other surrounding neighbors. Mr. Holland commended the business owners for their proactive efforts to enhance the county. On motion of Mr. Gecker, seconded by Mr. Warren, the Board adopted the following ordinance and appropriated up to $400,000 to finance landscape materials and installation: AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED BY ENACTING SECTIONS 9-258, 9-259, 9-260, 9-261, 9-262, 9-263 AND 9-264 CREATING THE CHESTERFIELD TOWNE CENTER - SOUTHPORT AREA SERVICE DISTRICT WHICH PROVIDES FOR THE INSTALLATION AND MAINTENANCE OF LANDSCAPING ON MIDLOTHIAN TURNPIKE AND WHICH IMPOSES A TAX ON REAL ESTATE LOCATED WITHIN THE DISTRICT BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That an Ordinance enacting Sections 9-258, 9-259, 9-260, 9-261, 9-262, 9-263 and 9-264 creating the Chesterfield Towne Center - Southport Area Service District which provides for the installation and maintenance of landscaping on Midlothian Turnpike and which imposes a tax on property located within the District is enacted as follows: Section 9-258. Definitions. The following words shall have the following meaning within this ordinance: Director of Revitalization: The Director of Revitalization of Chesterfield County or designee. District: The Chesterfield Towne Center - Southport Area Service District Map of the District: The Map entitled. "Chesterfield Towne Center - Southport Area Service District" dated July 29, 2009 and prepared by the Chesterfield County Revitalization Office and that is on file with the Director of Revitalization. That map also shows the boundaries of the District, and all parcels located in the District. 09-631 10/28/09 Plan of the District: The plan entitled "Midlothian Initiative to Revitalize Rights Of Way" prepared by Timmons Group dated July 29,2009, and as may be subsequently amended. That plan is on file with the Director of Revitalization, and shows the landscaping to be installed within the District. Project: The installation and maintenance of landscaping as described in Section 9-261. Section 9-259. Establishment of the Chesterfield Towne Center - Southport Area Service District. Pursuit to Code of Virginia, Section 15.2-2400 et. seq., and to Sections 2.1 and 2.4 of the Charter of the County of Chesterfield, there is hereby created in the county the Chesterfield Towne Center - Southport Area Service District. Section 9-260. Boundaries of the District. The boundaries of the District shall be defined as shown on the Map of the District. Section 9-261. The Purpose of the District and the Facilities and Services Proposed Within the District. The purpose of the district is to provide high quality landscaping and landscaping maintenance on the Midlothian Turnpike median within the District as shown on the Plan of the District. The current condition of landscaping and maintenance of the median degrades the appearance and image of the District in a way that, over time, can lead to lower business customer satisfaction, reduced property values, lessening of business activity, and blight. The landscaping materials to be installed are illustrated on the Plan of the District. The final installation design shall meet the requirements of the Virginia Department of Transportation and shall be approved by the Director of Revitalization. The entire median of Midlothian Turnpike through the District shall be periodically mowed, pruned and planted with seasonal annual flowers. Debris shall be removed and other maintenance shall also be performed as necessary to maintain a high quality landscaping appearance. Section 9-262. Plan for Financing the Facilities and Services Within the District. The installation of landscaping and maintenance of the Midlothian Turnpike median within the District shall be financed by a $0.02 per $100 of assessed value, supplemental real estate tax placed on all real estate located within the District. This tax is in addition to the real estate tax imposed on real estate in the county pursuant to the county's annual tax levy. The supplemental tax shall fund construction and maintenance costs of the Project for a period of ten (10) years. The supplemental real estate tax of $0.02 per $100 of assessed value shall expire on January 1, 2020. J J J 09-632 10/28/09 Section 9-263. Benefits That Can Be Expected From The Project. u The proposed landscaping and maintenance will improve the image of Midlothian Turnpike, which is the primary transportation and access road through the District. This project will provide benefit to properties throughout the District. Customers, employees, residents, and visitors to the businesses in the District form impressions of the businesses and properties within the District based on the appearance and condition of Midlothian Turnpike. A quality landscaping installation on the center median of Midlothian Turnpike and a high quality of maintenance will provide a positive image and appearance for the property and businesses within the District. This project will assist in sustaining this important business area and preventing blight and deterioration. Section 9-264. An abstract of this ordinance shall be recorded among the land records of the Clerk of the Circuit Court of Chesterfield County so ,as to place subsequent purchasers of any property located in the District on notice of the supplemental real estate tax imposed pursuant hereto. (2) This ordinance shall take effect on January 1, 2010. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 19. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED MATTERS There were no speakers at this time. 20. ADJOURNMENT. On motion of Ms. Durfee, seconded by Mr. Warren, the Board adjourned at 8:23 p.m. to November 4, 2009 at 6:30 p.m. at the Ruth's Chris Steak House for dinner with the Chesterfield Business Council. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. mes J Stegma' r County Administrator Arthur S. Warren Chairman 09-633 10/28/09