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2009-12-02 MinutesBOARD OF SUPERVISORS MINUTES December 2, 2009 C C ^+~ Supervisors in Attendance: Mr. Arthur S. Warren, Chairman Mr. Daniel A. Gecker, Vice Chrm Ms. Dorothy Jaeckle Mr. James "Jim" Holland Ms. Marleen K. Durfee Mr. James J. L. Stegmaier County Administrator Staff in Attendance: Lt. Col. John Austin, Police Department Ms. Janice Blakley, Clerk to the Board Ms. Debbie Burcham. Exec. Dir., Community Services Board Mr. Kevin Bruny, Chief Learning Officer Mr. Allan Carmody, Dir., Budget and Management Ms. Marilyn Cole, Asst. County Administrator Mr. Barry Condrey, Chief Information Officer Mr. Roy Covington, Dir., Utilities Ms. Mary Ann Curtin, Dir., Intergovtl. Relations Mr. Charles Dane, Asst. Dir. of General Services Mr. Jonathan Davis, Dir., Real Estate Assessments Mr. William Dupler, Building Official Ms. Karla Gerner, Dir., Human Resource Management Mr. Mike Golden, Dir., Parks and Recreation Mr. John W. Harmon, Real Property Manager Mr. Russell Harris, Mgr. of Community Development Services Mr. Donald Kappel, Dir., Public Affairs 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 Ms. Sarah Snead, Acting Deputy County Admin., Human Services Mr. M. D. Stith, Jr., Deputy County Admin., Community Development Mr. Kirk Turner, Dir., Planning 09-706 12/02/09 Mr. Warren called the regularly scheduled meeting to order at 3.04 p.m. 1. APPROVAL OF MINUTES FROM THE NOVEMBER 16, 2009 JOINT MEETING WITH THE SCHOOL BOARD AND THE COUNTY'S LEGISLATIVE DELEGATION On motion of Mr. Holland, seconded by Ms. Durfee, the Board approved the minutes from the November 16, 2009 joint meeting with the School Board and the County's Legislative Delegation. Ayes: Warren, Gecker, Holland, Jaeckle, and Durfee. Nays: None. 2. COUNTY ADMINISTRATOR'S COMMENTS 2.A. COUNTY ADMINISTRATOR'S REPORT Mr. Stegmaier provided an update to the Board regarding recent economic development initiatives, specifically the announcement of Hill Phoenix to expand their facility, which is an approximately $10 million expansion. 2.B. RECOGNITION OF THE FIRE AND EMERGENCY MEDICAL SERVICES DEPARTMENT BY THE MUSCULAR DYSTROPHY ASSOCIATION Ms. Liz Nixon with the Muscular Dystrophy Association recognized the Chesterfield Fire and Emergency Medical Services Department's participation in the 2009 MDA "Fill the Boot" Drive which raised $56,344. She presented plaques to Deputy Chief Mark Sacra, Firefighter Jeff Logan and Firefighter Gregory Beasley in appreciation of their assistance with the campaign. 2.C. MULTICULTURAL ADVISORY COMMISSION PRESENTATION Ms. Lee Brazzell, Chairwoman of the Multicultural Advisory Commission presented a summary of the Commission's 2009 Annual Report to the Board. She stated the Multicultural Advisory Commission advises the Board of Supervisors and County Administrator on workable solutions to shape policies and practices with regards to their effect on the multicultural communities in Chesterfield County. She reviewed the Commission's mission, vision, goals, and objectives met during 2009. She further reviewed the accomplishments of the Commission. She stated the Commission is working on a Community Awareness Project which will provide a report that outlines the key indicators for relationships between the county and the culturally diverse communities as well as review and compare the county's current standing against international, national, state and comparable county data. She requested the Board reappoint all members of the Commission and to fill the three vacancies. Mr. warren expressed appreciation to Ms. Brazzell for her leadership on the Multicultural Advisory Commission. He stated the Board of Supervisors felt very strongly that this Commission was needed for the county. J J J 09-707 12/02/09 ^~- Mr. Holland expressed appreciation to Ms. Brazzell for her outstanding leadership and the entire Multicultural Advisory Commission for their outstanding work. He stated it is important to identify the many groups in the county to enhance communications with them. He further stated the Board looks forward to more information as to how to disseminate information through different mediums in the community. He commended the Commission on the great work gathering resources and partners to work toward fulfilling the mission, vision and goals of the Commission. Ms. Brazzell recognized Mr. Jim Daniels, a member of the Multicultural Advisory Commission, who has put in a lot of time and energy into the work of the Commission. Ms. Durfee stated it is an honor and pleasure to have Ms. Brazzell present. She further stated it is outstanding to see the amount of work that has been done in a short period of time. She expressed appreciation to the entire Multicultural Advisory Commission for the work they have done. She stated the Commission has identified the need to look at a vision, communication plan and strategic plan. Mr. Holland stated he would support the reappointment of the members of the Multicultural Advisory Commission and the filling of the three vacancies. In response to Mr. Holland's question, Ms. Brazzell stated one member of the Multicultural Advisory Commission is part of the School System. She further stated the Commission will be looking to the Board of Supervisors to assist with identifying additional individuals who could serve. She expressed appreciation to Mr. Stegmaier, Mr. Stith and Mr. Harris for their assistance and support of the Commission. Ms. Jaeckle expressed appreciation to Ms. Brazzell for her leadership on the Multicultural Advisory Commission. She stated growing up in New York several cultures were always a part of her life and by the next generation everybody had assimilated into our culture. She further, stated she hopes that is going to happen in Chesterfield as well. Ms. Brazzell officially requested the Board to reappoint the existing members of the Multicultural Advisory Commission. Mr. Micas stated the Board needed to suspend the rules to add an agenda item and to suspend the rules to nominate and appoint at the same meeting. On motion of Mr. Holland, seconded by Ms. Durfee, the Board suspended the rules to add reappointment of the Multicultural Advisory Commission to the agenda. Ayes: Warren, Gecker, Holland, Jaeckle, and Durfee. Nays: None. Ms. Jaeckle stated she would not be in favor of nominating and appointing without the item being on the agenda ahead of time because there is no way to know if anybody else was interested in the position. Mr. Holland stated the motion is to reappoint the existing members of the Multicultural Advisory Commission. 09-708 12/02/09 Ms. Durfee confirmed that Ms. Brazzell wanted the Board to nominate the existing members of the Multicultural Advisory Commission. Mr. Holland stated there will be an opportunity to fill the three vacancies at a later time. On motion of Mr. Holland, seconded by Ms. Durfee, the Board moved to suspend the rules to allow the Board to simultaneously nominate/reappoint the existing members of the Multicultural Advisory Commission at the same meeting. Ayes: Warren, Gecker, Holland, and Durfee. Nays: Jaeckle. Mr. Warren stated the reason this is complicated is because the agenda is published ahead of time so the public has the opportunity to see what is going to be discussed. In response to Mr. Warren, Mr. Micas stated the Board does consider motions to suspend the rules, but the vote has to be unanimous. In response to Mr. Holland, Mr. Micas stated since the vote was 4 to 1, there is still the motion on the floor to nominate the members of the Multicultural Advisory Commission for reappointment. On motion of Mr. Holland, seconded by Ms. Durfee, the Board nominated the existing members of the Multicultural Advisory Commission for reappointment. Ayes: Warren, Gecker, Holland, and Durfee. Nays: Jaeckle. Ms. Jaeckle stated she does not like to vote on something without having the opportunity to review the information beforehand. She further stated she is not opposed to the members of the Multicultural Advisory Commission. In response to Mr. Warren's question, Mr. Micas stated the members of the Multicultural Advisory Commission have been nominated for reappointment by a majority vote. 2.D. PRESENTATION ON COMMUNITY DEVELOPMENT'S WALK-THRU PERMIT PROCESS Ms. Becky Summers presented information on the Community Development's Walk-Thru Permit Process, which represents the Building Inspection, Environmental Engineering, Planning, Utilities and Budget and Management Departments. She reviewed the objective and the scope of the process. She stated the walk-thru permit process improves Community Development's customer service by making the process more timely, convenient and responsive for the customers. She reviewed the types of permits which can be acquired through the walk-thru process. J J J 09-709 12/02/09 Ms. Jaeckle stated she has heard good feedback from the citizens relating to the walk-thru permit process. 0 C C In response to Mr. Holland's questions, Ms. Summers stated the customer feedback has been extremely positive. She further stated applying for permits online is an item for future review. Ms . Durfee stated she knows it is nice to have .face to face communications with citizens, but if there is the ability for some of the permits to be applied for online, it would be additional savings of time. In response to Ms. Durfee's question, Ms. Summers stated not every permit that is applied for is approved. She further stated if the application is submitted through the normal process the applicant will find out in about three days whether or not it is approved. She stated with the Walk-Thru Permit Process all of the appropriate plan review staff is available to help if there is a problem with the submittal. In response to Mr. Holland's question, Mr. Stegmaier stated in terms of the balanced scorecard, staff is looking at internal functions and processes; customers; financial stability of the organization; long term growth of the organization; and long term health of the organization. He further stated the Walk-Thru Permit Process is a good example of a process improvement that is addressing all of the areas which would be reviewed from a balanced scorecard approach because it is focusing on the customer. 3. BOARD MEMBER REPORTS Ms. Durfee stated she is pleased with the progress being made with the Budget Community. Meetings. She further stated there were 146 citizens present at the last Matoaca meeting. She stated she is impressed with the recommendations made by the citizens. 4. REQUESTS TO POSTPONE AGENDA ITEMS AND ADDITIONS, DELETIONS OR CHANGES IN THE ORDER OF PRESENTATION There were no requests to postpone agenda items and additions, deletions or changes in the order of presentation. 5. RESOLUTIONS There were no Resolutions at this time. 6. WORK SESSIONS There were no Work Sessions at this time. 7. DEFERRED ITEMS There are no Deferred Items at this time. 09-710 12/02/09 8. NEW BUSINESS 8.A. APPOINTMENTS On motion of Mr. Holland, seconded by Ms. Durfee, the Board suspended its rules to allow simultaneous nomination/ appointment of members to serve on the Towing Advisory Board, whose term is at the pleasure of the Board. Ayes: Warren, Gecker, Holland, Jaeckle, and Durfee. Nays: None. 8.A.1. TOWING ADVISORY BOARD On motion of Mr. Gecker, seconded by Mr. Warren, the Board simultaneously nominated/appointed Lieutenant John Ashworth, to serve on the Towing Advisory Board. Ayes: Warren, Gecker, Holland, Jaeckle, and Durfee. Nays: None. 8.B. CONSENT ITEMS 8.B.1. ADOPTION OF RESOLUTIONS 8.B.l.a. RECOGNIZING MRS. VICTORIA H. FOUTZ, POLICE DEPARTMENT, UPON HER RETIREMENT On motion of Mr. Gecker, seconded by Mr. Holland, the Board adopted the following resolution: WHEREAS, Mrs. Victoria H. Foutz will retire from the Chesterfield. County Police Department on January 1, 2010, after providing over 35 years of outstanding quality service to the citizens of Chesterfield County; and WHEREAS, Mrs. Foutz has faithfully served the County in the capacity of Clerk Typist III, Secretary, Administrative Secretary, Administrative Officer, Financial Specialist, Director of Administrative Services; Police Financial Administrator and Chief of Administrative Services; and WHEREAS, based on her outstanding performance, Mrs. Foutz was selected as the Police Civilian Employee of the Year for 1986; and WHEREAS, throughout her career, Mrs. Foutz has served in various roles on different committees to include Police Department Administrative Coordinator for the United Way campaign, coordinator of the Police Memorial Service and Awards program, Police Quality Council member, and In-Focus Implementation Team member; and WHEREAS, Mrs. Foutz has expertly managed the Police Department's budget for many years, thereby contributing to Chesterfield County's number one Strategic Goal of being exemplary stewards of the public trust and a model for excellence in government; and J J J 09-711 12/02/09 WHEREAS, Mrs. Foutz has been instrumental in the Police Department's implementation of In-Focus Phase I Financials and In-Focus Phase II Human Resources/Payroll; and U WHEREAS, Mrs. Foutz is recognized for her excellent leadership and human relations skills which she has utilized to assist many internal and external customers; and WHEREAS, Mrs. Foutz has provided the Chesterfield County Police Department with many years of loyal and dedicated service; and WHEREAS, Chesterfield County and the Board of Supervisors will miss Mrs. Foutz's diligent service. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes Mrs. Victoria H. Foutz, and extends on behalf of its members and the citizens of Chesterfield County, appreciation for her service to the county, congratulations upon her retirement, and best wishes for a long and happy retirement. AND, BE IT FURTHER RESOLVED that a copy of this resolution be presented to Mrs. Foutz, and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County. Ayes: Warren, Gecker, Holland, Jaeckle, and Durfee. Nays: None. 8.B.l.b. RECOGNIZING MRS. ELIZABETH S. "BETSY" COOPER, PARKS AND RECREATION DEPARTMENT, UPON HER RETIREMENT On motion of Mr. Gecker, seconded by Mr. Holland, the Board adopted the following resolution: WHEREAS, Mrs. Elizabeth S. "Betsy" Cooper retired on December 1, 2009, from the Chesterfield County Department of Parks and Recreation; and WHEREAS, Mrs. Cooper began her public service with Chesterfield County in the Planning Department in 1986 as a senior clerk typist/receptionist and continued to faithfully work in that capacity until 1989, when she came to the Parks and Recreation Department as a senior account clerk; and WHEREAS, prior to her employment with Chesterfield County, Mrs. Cooper served as a substitute teacher with Chesterfield County Public Schools from 1982 until 1986; and WHEREAS, Mrs. Cooper has provided excellent customer service and integrity in maintaining the financial activities associated with accounts payable and administrative support for the Recreation Section of the Parks and Recreation Department, and in 2007, was reclassified to administrative supervisor with additional duties including the supervision of finance team members; and WHEREAS, Mrs. Cooper has been an invaluable asset to the Parks and Recreation Department for the past twenty years, and to the citizens of Chesterfield County for twenty-seven years; and 09-712 12/02/09 WHEREAS, Mrs. Cooper has been a dedicated, productive and dependable employee in her duties as administrative supervisor in the finance section and has set an example for fellow employees who recognized her in 2000 as Employee of the Year; and WHEREAS, Mrs. Cooper will be greatly missed by her co- workers, supervisors and the citizens of Chesterfield County whom she has served. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes Mrs. Elizabeth S. "Betsy" Cooper and extends appreciation for twenty-seven years of dedicated service to the county, congratulations upon her retirement, and best wishes for a long and happy retirement. AND, BE IT FURTHER RESOLVED that a copy of this resolution be presented to Mrs. Cooper and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Ayes: Warren, Gecker, Holland, Jaeckle, and Durfee. Nays: None. 8.B.2. APPROVAL OF REVISIONS TO THE SCHOOL BOARD'S FY2010 GRANT FUND APPROPRIATIONS On motion of Mr. Gecker, seconded by Mr. Holland, the Board increased the appropriation in the School Board's Grant Fund by $592,973 by decreasing the Instruction category by $3,540,754 and increasing the Technology category by $4,133,727 consistent with the resolution adopted by the School Board. Ayes: Warren, Gecker, Holland, Jaeckle, and Durfee. Nays: None. 8.B.3. APPROVAL OF REVISIONS TO THE SCHOOL BOARD'S FY2010 OPERATING FUND APPROPRIATIONS On motion of Mr. Gecker, seconded by Mr. Holland, the Board (1) increased the technology appropriation category by $589,870, the administration/attendance and health category by $494,600, and the operations and maintenance category by $125,000; (2) decreased the instruction appropriation category by $1,209,470; (3) transferred $177,410 from the county's general fund reserves to the School Board's operating fund to cover FY2009 expenses; (4) decreased the appropriation to the Appomattox Regional Governor's School by $65,630; and (5) increased revenue and expenses in Health Department general fund budget for additional school health nurse by $70,000. Ayes: Warren, Gecker, Holland, Jaeckle, and Durfee. Nays: None. J J J 09-713 12/02/09 8.B.4. ACCEPTANCE OF PARCELS OF LAND ALONG HICKS ROAD FROM WILNETT JEFFERSON MILLER AND JERRY MILLER, SR. On motion of Mr. Gecker, seconded by Mr. Holland, the Board accepted the conveyance of parcels of land containing a total of 0.214 acres along Hicks Road from Wilnett Jefferson Miller and Jerry Miller, Sr., 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, Holland, Jaeckle, and Durfee. Nays: None. 8.B.5. APPROVAL TO INCLUDE LIST OF NAMES OF CHESTERFIELD COUNTY CITIZENS ENGRAVED ON THE VIRGINIA WAR MEMORIAL SHRINE OF MEMORY IN THE MINUTES OF THE BOARD OF SUPERVISORS On motion of Mr. Gecker, seconded by Mr. Holland, the Board approved the following list of names to be included on the Virginia War Memorial Shrine of Memory: John Albert Alspaugh William A. Anderson Richard K. Archer John C. Booker Louis C. Bosher Charles L. Clarke Carlton B. Critcher Robert Selwood Dance Gilbert Tucker Davis Joseph Elko Herbert S. Fulmer, Jr. Cabell Weisiger Goolsby William Henry Epps, Jr. John Y. Glidewell Charles G. Graves William C. Griffin Joseph Jones Jack Leroy Lundie Madison B. Hancock, Jr. William E. Laffoon Ralph S. Mann Virgil I. Mann William C. Anderson William C. Easte World War II Albert W. Marks John Burns Mayes David L. Miles John C. Moses Knox Thomas Nunnally Herbert C. Paratin Joe A. Pelc James B. Perdue James Roye Randall Edward D. Robertson Walter Scott Slachter James Andrew Reed James A. Rutledge Royal Edward Smith Harold Jackson Thomas Walter F. Thompson Charles M. Traylor Louis A. Viaro Harvey M. Walthall Hilary T. Wells Hilton E. Woodcock Korea Eugene V. Jones Vietnam Walter Norris Ammons Gene Darrell Smith Lawrence Russell Dance Lloyd Allen Vanhatter Douglas W. Murphey Ayes: warren, Gecker, Holland, Jaeckle, and Durfee. Nays: None. 09-714 12/02/09 8.B.6. REQUEST TO QUITCLAIM A PORTION OF A TWENTY-FOOT DRAINAGE EASEMENT (PRIVATE) ACROSS THE PROPERTY OF LAKE CHESDIN GOLFERS' CLUB, LLC 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 20-foot drainage easement (Private) across the property of Lake Chesdin Golfers' Club, LLC. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Warren, Gecker, Holland, Jaeckle, and Durfee. Nays: None. 8.B.7. AUTHORIZATION FOR COUNTY ADMINISTRATOR TO EXECUTE AGREEMENTS WITH PRINCE GEORGE COUNTY FOR ENVIRONMENTAL ENGINEERING AND BUILDING INSPECTION GF.RVTC`F.G On motion of Mr. Gecker, seconded by Mr. Holland, the Board authorized the County Administrator to execute plan review and inspection agreements with Prince George County for Environmental Engineering and Building Inspection services. Ayes: Warren, Gecker, Holland, Jaeckle, and Durfee. Nays: None. 8.B.8. SET DATE FOR PUBLIC HEARING TO CONSIDER PROPOSED ADJUSTMENT TO PLANNING DEPARTMENT SPECIAL EXCEPTION FEE FOR PRIVATE KENNELS On motion of Mr. Gecker, seconded by Mr. Holland, the Board set January 13, 2010 for a public hearing for the Board to consider a proposed adjustment to the Planning Department Special Exception fee for private kennels. Ayes: Warren, Gecker, Holland, Jaeckle, and Durfee. Nays: None. 8.B.9. STATE ROAD ACCEPTANCES On motion of Mr. Gecker, seconded by Mr. Holland, 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, J J J 09-708 12/02/09 pursuant to Section 33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements. C 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: Creekwood O Type Change to the Secondary System of State Reason for Change: New subdivision street Pursuant to Code of Virginia X33.1-229 Street Name and/or Route • Round Ridge Place, State Route Number 7427 Old Route Number: 0 From: Round Hill Ct.,(Rt. 2237) To: Cul-de-sac, a distance of: 0.12 miles. Recordation Reference: Pb. 169, Pg. 1 Right of Way width (feet) = 50 Addition And, further, the Board adopted the following resolution: WHEREAS, the streets described below are shown on plats recorded in the Clerk's Office of the Circuit Court of Chesterfield County; and WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised this Board the streets meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation. NOW, THEREFORE, BE IT RESOLVED, that this Board requests the Virginia Department of Transportation to add the streets described below to the secondary system of state highways, pursuant to Section 33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements. AND, BE IT FURTHER RESOLVED, that this Board guarantees a clear and unrestricted right-of-way, as described, and any necessary easements for cuts, fills and drainage. AND, BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. Project: Summers Trace B Type 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 • Autumn Mist Drive, State Route Number 7440 Old Route Number: 0 09-709 Addition 12/02/09 From: Dortonway Dr.,(Rt. 2767) To: Autumn Mist Wy., (Rt. 7441), a distance of: 0.08 miles. Recordation Reference: Pb. 168, Pg. 94 Right of Way width (feet) = 40 • Autumn Mist Way, State Route Number 7441 Old Route Number: 0 From: Autumn Mist Dr., (Rt. 7440) To: Cul-de-sac, a distance of: 0.02 miles. Recordation Reference: Pb. 168, Pg. 94 Right of Way width (feet) = 40 • Autumn Mist Way, State Route Number 7441 Old Route Number: 0 From: Autumn Mist Dr.,(Rt. 7440) To: Autumn Mist Ct., (Rt. 7442), a distance of: 0.07 miles. Recordation Reference: Pb. 168, Pg. 94 Right of Way width (feet) = 40 • Autumn Mist Court, State Route Number 7442 Old Route Number: 0 From: Autumn Mist Wy., (Rt. 7441) To: Cul-de-sac, a distance of: 0.03 miles. Recordation Reference: Pb. 168, Pg. 94 Right of way width (feet) = 40 • Autumn Mist Way, State Route Number 7441 Old Route Number: 0 From: Autumn Mist Ct.,(Rt. 7442) To: Cul-de-sac, a distance of: 0.04 miles. Recordation Reference: Pb. 168, Pg. 94 Right of Way width (feet) = 40 Ayes: Warren, Gecker, Holland, Jaeckle, and Durfee. Nays: None. 8.B.10. ADDITION OF LEGISLATIVE ITEM TO THE ADOPTED 2010 LEGISLATIVE PROGRAM On motion of Mr. Gecker, seconded by Mr. Holland, the Board added a legislative request to the adopted 2010 Legislative Program requesting Chesterfield County be added to the list of localities that have the authority to regulate or prohibit distribution of handbills, solicitation of contributions or sale of merchandise on the highways. Ayes: Warren, Gecker, Holland, Jaeckle, and Durfee. Nays: None. J J J 09-710 12/02/09 8.B.11. ADDITION OF SUPPORT ITEMS TO THE ADOPTED 2010 LEGISLATIVE PROGRAM ^i- On motion of Mr. Gecker, seconded by Mr. Holland, the Board added two support items to the previously adopted 2010 Legislative Program as follows: 1) Item supporting the RRPDC legislative position regarding local government authority to adopt adequate public facilities ordinances; 2) Item supporting the RRPDC legislative position regarding local government autonomy to make policy decisions on local issues, particularly concerning land use regulation and local revenue measures. Ayes: Warren, Gecker, Holland, Jaeckle, and Durfee. Nays: None. The following item was pulled from the Consent Agenda for Board comment: 8.B.l.C. DECLARING CHESTERFIELD COUNTY A RECOVERY ZONE UNDER THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 AND APPROVAL OF PROJECTS TO BE FINANCED WITH RECOVERY ZONE BONDS Mr. Gecker stated he realizes the state put a short timeframe on when the information is due. In response to Mr. Gecker's question, Mr. Carmody stated the county has to submit the defined project information to the state. He further stated the requirement of the Governor's Executive Order is to identify a project so if the Board wanted to redefine the project, the decision would have to be made today. Mr. Gecker stated he does not want to redefine the order. He further stated the state could change the specifics and allow the localities to swap project for project if the first project does not come to fruition. Mr. Carmody stated another alternative is the reallocation process as the state sees who is submitting the verification reports and reviews the total allocation for the Commonwealth. He further stated at that time the state will redistribute the underutilized allocations. Discussion ensued relating to the Board placing a deadline for progress of the project designated for the private sector activity bonds. Ms. Durfee stated the Board has not had ample discussions regarding the Recovery Zone Bonds. In response to Ms. Durfee's question, Mr. Carmody stated the Executive Order requires the county to identify the project. He further stated adoption of the resolution is not authorizing the issuance of any debt for the county nor is it authorizing private sector debt. Ms. Durfee stated it is difficult to make a decision on this with the short amount of time the Board has been aware of it. She further stated she understands the importance of the ability for the county to have the opportunity but she is 09-711 12/02/09 unsure if the county has not had the opportunity to look at other potential projects that may or may not factor into the issue. She stated the Board has not had enough time to really have a discussion on the Recovery Zone Bonds and the potential projects. Mr. Stegmaier stated the Recovery Zone Bonds are part of the federal stimulus package. He further stated the Governor's office issued an Executive Order defining the process. He stated the Department of Economic Development reviewed projects in process in the private sector to find projects which would qualify for the bonds . He further stated it is important to keep in mind that the entity that would use these bonds would have to be credit worthy to be able to convince an investor to invest in the company. He stated the actual dollar and cents benefit to the company that might want to use the private activity bonds is fairly limited. He further stated there is a chance the project selected may not qualify for the bonds because the developer may not have the credit worthiness to sell the bonds to entice investors. He stated Mr. Gecker is suggesting leaving open the opportunity to continue looking for other projects which might come along in the future and if an issue arises then the county would go back to the Governor and request some flexibility. Mr. Holland stated he is not comfortable leaving the options wide open for the Recovery Zone Bonds. In response to Mr. Holland's question, Mr. Carmody stated the Executive Order requires the county to identify which projects would be able to use the private sector bonds. He further stated there is not a statement in the Executive Order on what to do if things change with the specific project . In response to Ms. Durfee's questions, Mr. Carmody stated it would be difficult to obtain the clarity from the Governor's office concerning what to do if there were changes with the selected project. He further stated the eligible expenses are defined in the Stimulus Act as the creation of jobs for the private activity bonds. Ms. Durfee expressed concerns relating to the lack of a briefing from the Department of Economic Development as to why this particular private project was selected. Mr. Stegmaier stated the Executive Order is from a Governor who is not going to be in office in a few weeks. Ms. Durfee stated someone should be able to explain if the language allows for any flexibility up until March 15, 2010. In response to Ms. Durfee's question, Mr. Stegmaier stated as the language reads in the Executive Order, the county has to designate a particular project which the bonds would be allocated. He further stated there are two different kinds of bonds, one is a bond that can be used for public infrastructure and one is a private activity bond which goes to a job creating private activity. Mr. Carmody stated the SportsQuest project will have onsite infrastructure improvements. J J J 09-712 12/02/09 Mr. Holland stated once the private activity bond is approved the private entity can depend on the bond as a source of funding. l~J ^+~ Mr. Gecker stated something has to be submitted to the Governor's office by December 15th. He further stated if the Board does not act on this resolution, the county will lose the ability to make this allocation. He stated the Department of Economic Development reviewed possible projects in the county and the only project which met the criteria and could use these particular bonds is SportsQuest. He further stated he does not want the county to retain the flexibility to make changes in the allocation between now and March 15, 2010 because that would prohibit the project from gaining the financial backing it needs for the bonds.. He stated he was suggesting having SportsQuest understand if they have not functioned by March 15, 2010, the allocation was subject to being revisited by the Board, but not beforehand. On motion of Mr. Gecker, seconded by Ms. Jaeckle, the Board adopted the following resolution: A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF CHESTERFIELD, VIRGINIA, DECLARING THE COUNTY A RECOVERY ZONE FOR PURPOSES OF THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009; APPROVING THE PROJECTS TO BE FINANCED WITH RECOVERY ZONE ECONOMIC DEVELOPMENT BONDS AND RECOVERY ZONE FACILITY BONDS UNDER SUCH ACT; AND AUTHORIZING THE FILING OF PROJECT VERIFICATION REPORTS WITH RESPECT TO SUCH PROJECTS WITH THE COMMONWEALTH OF VIRGINIA BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF CHESTERFIELD, VIRGINIA, AS FOLLOWS: SECTION 1. Declaration of County as a Recovery Zone for Purposes of the American Recovery and Reinvestment Act of 2009. (a) The Board of Supervisors hereby finds and determines as follows: (i) Section 1400U-1 of the Internal Revenue Code of 19.86 (the "1986 Code"), as added by the American Recovery and Reinvestment Act of 2009, authorizes the County to designate one or more "recovery zones" for the purpose of issuing "recovery zone economic development bonds" under Section 1400U-2 of the 1986 Code and "recovery zone facility bonds" under Section 1400U-3 of the 1986 Code. (ii) Section 1400U-1(b) of the 1986 Code provides that the term "recovery zone" means, among other things, any area designated by the issuer as having significant poverty, unemployment, rate of home foreclosures or general distress. (iii) The Board has determined that the entire County is an area having significant poverty, unemployment, rate of home foreclosures and/ or general distress. (b) Based on the findings and determinations set forth in Section 1(a) hereof, the Board hereby designates the entire County as a "recovery zone" for purposes of Section 1400U 1(b) of the 1986 Code. 09-713 12/02/09 SECTION 2. Approval of Projects to Be Financed with Recovery Zone Economic Development Bonds and Recovery Zone Facility Bonds. (a) The Board of Supervisors hereby finds and determines as follows: (i) Section 1400U 1 of the 1986 Code provides for a national limitation of $10,000,000,000 for "recovery zone economic development bonds" issued under Section 1400U 2 of the 1986 Code and a national limitation of $15,000,000,000 for "recovery zone facility bonds" issued under Section 1400U 3 of the 1986 Code. (ii) Pursuant to Notice 2009 50 promulgated by the Internal Revenue Service, there has been allocated to the County volume cap for the issuance of "recovery zone economic development bonds" under Section 1400U 2 of the 1986 Code in the amount of $9,998,000 and volume cap for the issuance of "recovery zone facility bonds" under Section 1400U 3 of the 1986 Code in the amount of $14,998,000. (iii) (A) The proceeds of an issue of "recovery zone economic development bonds", over the amounts in a reasonably required reserve with respect to such issue, are to be used for one or more "qualified economic development purposes". (B) The term "qualified economic development purpose" is defined in Section 1400U-2 (c) of the 1986 Code to mean expenditures for purposes of promoting development or other economic activity in a recovery zone, including (1) capital expenditures paid or incurred with respect to property located in such zone, (2) expenditures for public infrastructure and construction of public facilities, and (3) expenditures for job training and educational purposes. (iv) (A) In the case of an issue of "recovery zone facility bonds", ninety-five percent or more of the net proceeds of such issue must be used for recovery zone property. (B) The term "recovery zone property" is defined in Section 1400U-3(c)(1) of the 1986 Code to mean any property to which Section 168 of the 1986 Code applies (or would apply but for Section 179 of the 1986 Code) if (1) such property was constructed, reconstructed, renovated or acquired by purchase (as defined in Section 179(d)(2) of the 1986 Code) by the taxpayer after the date on which the designation of the recovery zone took effect, (2) the. original use of which in the recovery zone commences with the taxpayer, and (3) substantially all of the use of which is in the recovery zone and is in the active conduct of a qualified business by the taxpayer in such zone. (C) The term "qualified business" is defined in Section 1400U-3 (c) (2) of the 1986 Code to mean any trade or business except that (1) the rental to others of real property located in a recovery zone shall be treated as a qualified business only if the property is not residential real property, and (2) such term shall not include any trade or business consisting of the operation of any facility described in Section 144(c)(6)(B) of the 1986 Code, i.e., any private or commercial golf course, country club, massage parlor, hot tub facility, suntan facility, racetrack or other facility used J J J 09-714 12/02/09 for gambling, or any store the principal business of which is the sale of alcoholic beverages for consumption off premises. C ^~r (b) Based on the f findings and determinations set for in Section 2(a) hereof, the Board of Supervisors (1) designates the bonds to be issued to finance the costs of the acquisition and construction of an interchange with Interstate I 295, .together with related infrastructure improvements, adjacent to and interconnected with the Meadowville Technology Park as "recovery zone economic development bonds" for purposes of Section 1400U 2 of the 1986 Code, and (2) designates the bonds to be issued to finance the costs of the acquisition and construction of the 250-acre SportsQuest complex in Waterford at Powhite Parkway and Route 288 as "recovery zone facility bonds" for purposes of Section 1400U 3 of the 1986 Code. SECTION 3. Authorizing Filing of Project Verification Reports With the Commonwealth of Virginia. (a) On September 30, 2009, the Governor of the Commonwealth of Virginia issued Executive Order Number Ninety-Four (2009), entitled "Use of Virginia Recovery Zone Volume Cap Allocations Provided Under the American Recovery and Reinvestment Act of 2009) (the "Executive Order"). (b) The Executive Order required the filing of a completed Notice of Intent with the Re-allocation Director (as defined in the Executive Order) by November 2, 2009 by localities (including the County) intending to utilize all or any portion of their volume cap allocations for the issuance of recovery zone economic development bonds and recovery zone facility bonds. (c) The Executive Order requires the filing of a Project Verification Report with respect to each project to be financed from the proceeds of recovery zone economic development bonds and recovery zone facility bonds with the Re allocation Director by December 15, 2009, such Project Verification Reports to contain the information specified by the Executive Order. (d) The County Administrator, any Deputy County Administrator, the Director of Budget and Management and other County officials are hereby authorized to file Project Verification Reports with respect to the projects identified in Section 2(b)(1) and (2) hereof, such Project Verification Reports to be filed with the Re-allocation Director on or before December 15, 2009. effect upon its adoption. SECTION 4. Effective Date. This resolution shall take Ayes: Warren, Durfee, Jaeckle, and Gecker. Nays: Holland. Ms. Durfee stated she understands the importance of the timing issue and the need to move forward. She again expressed concerns that there had not been discussions with the Board about the Department of Economic Development's decisions with regard to the project selected. 09-715 12/02/09 Mr. Gecker stated he agrees that there should have been discussions with the Board in regard to the Department of Economic Development's selection of the project. 9. REPORTS 9.A. REPORT ON DEVELOPER WATER AND SEWER CONTRACTS 9.B. REPORT ON STATUS OF GENERAL FUND BALANCE, RESERVE FOR FUTURE CAPITAL PROJECTS, DISTRICT IMPROVEMENT FUNDS AND LEASE PURCHASES. 9.C. REPORT ON ROADS ACCEPTED INTO THE STATE SECONDARY SYSTEM On motion of Ms. Durfee, seconded by Mr. Holland, the Board accepted the following reports: A Report on Developer Water and Sewer Contracts and A Report on Status of General Fund Balance, Reserve for Future Capital Projects, District Improvement Funds and Lease Purchases. And, further, the following roads were accepted into the State Secondary System: ADDITION EDGEWATER 3 (Effective 10/01/2009) Bayfront Lane (Route 7349) - From North Woolridge Road (Route 668) to Bayfront Way (Route 7351) Bayfront Place (Route 7350) - From Bayfront Way (Route 7351) to cul-de-sac Bayfront Way (Route 7351) - From Port Savage Drive (Route 7352) to cul-de-sac Bayfont Way (Route 7351) - From Bayfront Lane (Route 7349) to Port Savage Drive (Route 7352) Bayfront Way (Route 7351) - From Bayfront Lane (Route 7349) to White Cap Drive (Route 7353) Bayfront Way (Route 7351) - From White Cap Drive (Route 7353) to cul-de-sac Port Savage Drive (Route 7352) - From Bayfront Way (Route 7351) to temporary end of maintenance LENGTH J 0.04 Mi. 0.08 Mi. 0.13 Mi. 0.11 Mi. 0.11 Mi. 0.08 Mi. 0.02 Mi. White Cap Drive (Route 7353) - From Bayfront Way (Route 7351.) to temporary end of maintenance 0.06 Mi. Ayes: Warren, Gecker, Holland, Jaeckle, and Durfee. Nays: None. 09-716 12/02/09 10. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED MATTERS U Mr. Bob Herndon urged the Board to join into a partnership with the Richmond SPCA and RAL. Ms. Ann Herndon, owner of Heavenly Hounds, requested the Board to allow a volunteer citizen committee to be formed to assist with the animal shelter. Ms. Ginger Gobble expressed concerns relative to animal shelter issues when her dog was "arrested" and placed in the shelter. She requested that volunteers be allowed to answer phones at the shelter. Ms. Liess van der Linden-Brusse, with the Chesterfield Historical Society, inquired when the agenda item pertaining to the lease of Castlewood, Magnolia Grange, County Museum and the 1892 Jail for use by the Chesterfield Historical Society would be placed on the agenda. 11. DINNER On motion of Ms. Durfee, seconded by Mr. Holland, the Board recessed to the Lane B. Ramsey Administration Building, Room 502 for dinner. Ayes: Warren, Gecker, Holland, Jaeckle, and Durfee. Nays: None. Reconvening: 12. INVOCATION Ms. Carolyn H. Pegram, Minister of Christian Education, Tabernacle Baptist Church, gave the invocation. 13. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Major Don Kappel, U.S. Marines, Retired, led the Pledge of Allegiance to the Flag of the United States of America. 14. RESOLUTIONS There were no resolutions at this time. 15. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED MATTERS Ms. Jane Weisenfels stated the Chesterfield Coalition for Shelter Improvement has been disappointed in the lack of feedback from county administration regarding their proposal for a volunteer citizen committee being formed for the animal shelter. 09-717 12/02/09 Ms. Yvonne Royster urged the Board to join into a partnership with the Richmond SPCA and RAL to assist with making the animal shelter a no-kill shelter. Ms. Jo-De Davis, a Clover Hill District resident, urged the Board to reinstate the volunteer program at the animal shelter and to join into a partnership with the Richmond SPCA and RAL. Ms. Sheila Kenny, a volunteer for a rescue transport organization, stated her organization does not work with the Chesterfield Animal Shelter because it is not adoption friendly and is considered a high-kill shelter. Mr. Stegmaier expressed appreciation to all of the speakers. He stated he has had a number of conversations in recent weeks with the Executive Director and the Chairman of the Board of the Richmond SPCA as well as the leadership of Richmond Animal League. He further stated he has scheduled a meeting with the Executive Director and the Chairman of the Board of the SPCA for December 7, 2009, to facilitate getting a formal proposal from the organization. He stated he will be meeting with the leadership from Richmond Animal League later in December. He further stated the Police Department has been working on developing options to achieve 100 percent spay and neuter in the shelter. He stated the proposal will be brought before the Board in the future. He further stated it is staff's intention to move forward on the implementation of a no-kill policy for healthy adoptable animals. He stated the animal shelter has an outstanding record in terms of the percentage of animals that are brought to the shelter that are adopted. He further stated the county needs to adopt a procedure for classifying animals which will help significantly in the numbers of adopted animals. Ms. Jaeckle stated Chesterfield County is not the only shelter in the surrounding localities that euthanizes animals. She further stated she has been working hard to try to understand what no-kill means and the statistics show that the City of Richmond has euthanized 1,446 animals compared to the county at 1,351 animals. Mr. Warren stated the figures received by the Board are quite revealing. Mr. Stegmaier stated the City of Richmond and Hanover County have a strict classification system in place and they do euthanize animals but not the healthy adoptable animals. Ms. Durfee stated the Board is still in the discussion stage of the process. She further stated Mr. Stegmaier is meeting with the SPCA and RAL and will present the information to the Board. In response to Mr. Warren's questions, Mr. Stegmaier stated there will be different timeframes on the different pieces. He further stated when the City of Richmond adopted a no-kill policy, it took them over a year before they were achieving the goal of no-kill on all healthy adoptable animals. He stated staff will be bringing forward to the Board recommendations. He further stated he has not received a formal proposal from the SPCA or RAL on the partnerships. He stated he has not given a deadline to the organizations but J J J 09-718 12/02/09 has scheduled meetings in which the SPCA indicated they will have a proposal at that time. He further stated it could take anywhere from a couple weeks to a couple months to bring a proposal to the Board. u Mr. Holland stated he is looking forward to the proposal by the County Administrator. He further stated he has always been a strong proponent of citizens' involvement. Ms. Durfee stated the Board has had conversations about the animal shelter and the proposals which have been brought forward. She further stated she is hopeful that the county will not miss any opportunities to work with the citizenry and partners to make the county a better place. In response to Mr. Warren's inquiry, Lt. Col. Austin stated there are currently 24 people in the volunteer program who have given over 7,500 hours. He further stated if someone wants to volunteer they can contact the Ms. Carol Maxwell, the Volunteer Coordinator within the Police Department. 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 0 C lOSN0152 In Midlothian Magisterial District, BON SECOURS-RICHMOND HEALTH SYSTEM requests amendment of Conditional Use Planned Development (Case 06SN0191) and amendment of zoning district map relative to setbacks in a General Industrial (I-2) District on 15.8 acres located in the southeast quadrant of Midlothian Turnpike and Watkins Centre Parkway. Density will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for regional employment center use. Tax IDs 715-710-8848 and 9904; 716-710-0747, 1325, 1707 and 2342; and 717-708-Part of 2480. Ms. Peterson presented a summary of Case lOSN0152 and stated the Planning Commission recommends approval. She further stated staff recommends denial of the request due to it interrupting the development pattern and the potential for setting a precedent. Mr. Chuck Rothenberg, the applicant's representative, provided details of the request. He stated the purpose of the request is to amend the existing Watkins Centre case to reduce the setback along Route 60 and Watkins Centre Parkway. He further stated the setback reductions do not apply to buildings. He stated the applicant has committed to use low- impact development techniques to mitigate the impact of increased impervious areas. He further stated Bon Secours takes a lot of pride in the quality of their facilities. He stated the investment will enhance medical services in the county. Mr. Warren called for public comment. There being no one to address the request, the public hearing was closed. 09-719 12/02/09 Mr. Gecker stated the county is proud to have Bon Secours as a part of the business community. He further stated there is a transportation issue which needs to be addressed. On motion of Mr. Gecker, seconded by Mr. Holland, the Board deferred Case lOSN0152 to December 16, 2009. Ayes: Warren, Gecker, Holland, Jaeckle, and Durfee. Nays: None. 17. PUBLIC HEARINGS 17.A. TO CONSIDER A LEASE-PURCHASE AGREEMENT WITH CHESTERFIELD ALTERNATIVES, INCORPORATED FOR A BUILD-A-HOUSE PROJECT LOCATED ON PROPERTY ADJACENT TO MEADOWBROOK HIGH SCHOOL Ms. Snead stated this date and time had been advertised for the Board to consider a lease-purchase agreement with Chesterfield Alternatives, Incorporated for a Build-A-House Project located on property adjacent to Meadowbrook High School. Mr. Warren called for public comment. Mr. Rob Kenton, a Midlothian District resident, spoke in support of the request. He stated this project will allow the students to experience building a house. There being no one else to address the request, the public hearing was closed. Ms. Durfee stated she and Mr. Holland had the opportunity to visit the Build-A-House project in Matoaca and she is proud to have the first one located in the Matoaca District. She further stated the project is great hands-on experience for the students. Mr. Holland expressed appreciation to Mr. Kenton for his commitment to the Build-A-House Program. Ms. Jaeckle stated the Build-A-House Program is a great opportunity for the students. On motion of Mr. Holland, seconded by Ms. Durfee, the Board approved a lease-purchase agreement with Chesterfield Alternatives, Incorporated for a Build-A-House Project located on property adjacent to Meadowbrook High School. Ayes: Warren, Gecker, Holland, Jaeckle, and Durfee. Nays: None. 17.B. TO CONSIDER FY2011 ENHANCEMENT PROJECT Mr. Stith stated this date and time had been advertised for the Board to consider the proposed FY2011 Enhancement Project. Mr. Warren called for public comment. There being no one to address the, request, the public hearing was closed. J J J 09-720 12/02/09 On motion of Ms. Durfee, seconded by Mr. Holland, the Board approved the FY2011 Enhancement Project and directed staff to forward it to the Tri-Cities MPO for endorsement. C And, further the Board adopted the following resolution requesting Virginia Department of Transportation approval and guaranteeing the local match for the project: WHEREAS, in accordance with the Commonwealth Transportation Board (CTB) construction allocation procedures, it is necessary that the local governing body request, by resolution, approval of a proposed enhancement project. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Chesterfield County requests the CTB continue funding for the Appomattox Riverfront Trail-VSU Segment, Phase I Project. BE IT FURTHER RESOLVED, that the Board hereby agrees to pay 20 percent of the total estimated cost of $175,000 for construction of the Appomattox Riverfront Trail-VSU Segment, Phase I Project, and that, if the Board subsequently elects to unreasonably cancel this project, the County of Chesterfield hereby agrees that the Virginia Department of Transportation will be reimbursed for the total amount of the costs expended by the Department through the date the Department is notified of such cancellation. Ayes: Warren, Gecker, Holland, Jaeckle, and Durfee. Nays: None. 19. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED MATTERS Ms. Pat Brown, a county resident, urged the Board to join in a partnership with the Richmond SPCA. She stated to drastically reduce the number of stray animals in the county, policy needs to be implemented, which will have each animal spayed or neutered prior to leaving the shelter. 20. ADJOURNMENT On motion of Mr. Holland, seconded by Ms. Durfee, the Board adjourned at 7:27 p.m. to December 16, 2009 at 3:00 p.m. in the Public Meeting Room. Ayes: Warren, Gecker, Holland, Jaeckle, and Durfee. Nays: None. J mes J Stegm er ounty Administrator Arthur S. Warren Chairman 09-721 12/02/09