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2010-01-13 MinutesBOARD OF SUPERVISORS MINUTES January 13, 2010 r~ ^~- Supervisors in Attendance: Mr. Daniel A. Gecker, Chairman Mr. James Holland, Vice Chairman, Ms. Dorothy Jaeckle Mr. Arthur S. Warren Ms. Marleen K. Durfee Mr. James J. L. Stegmaier County Administrator Staff in Attendance: 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. Roy Covington, Dir., Utilities Mr. Jonathan Davis, Dir., Real Estate Assessments Mr. Will Davis, Dir., Economic Development Colonel Thierry Dupuis, Police Department Mr. Mike Golden, Dir., Parks and Recreation Mr. John W. Harmon, Real Property Manager Mr. Joe Horbal, Commissioner of Revenue Mr. Thomas E. Jacobson, Dir., Revitalization Mr. Donald Kappel, Dir., Public Affairs Mr. Rob Key, Director, General Services Mr. Louis Lassiter, Dir., Internal Audit Ms. Mary Lou Lyle, Acting Deputy County Admin., Management Services Mr. Mike Mabe, Director, Libraries Mr. John McCracken, Dir., Transportation Mr. Richard M. McElfish, Dir., Env. Engineering Mr. Steven L. Micas, County Attorney Mr. Jay Payne, Asst. to Dep. County Administrator Ms. Karen Russell, Dir., Risk Management Chief Edward Senter, Fire Department Ms. Sarah Snead, Acting Deputy County Admin., Human Services 10-1 01/13/10 Mr. M. D. Stith, Jr., Deputy County Admin., Community Development Mr. Kirk Turner, Dir., Planning Mr. Scott Zaremba, Asst. Dir., Human Resource Management Mr. Stegmaier called the regularly scheduled meeting to order at 3:02 p.m. 1. ORGANIZATIONAL MEETING l.A. ELECTION OF CHAIRMAN AND VICE CHAIRMAN Mr. Stegmaier stated the first order of business would be the election of Chairman. He then opened the floor for nominations. Ms. Durfee nominated Mr. Gecker to serve as Chairman for 2010. Mr. Warren made a motion, seconded by Mr. Holland, for the Board to close the nominations. Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. The vote on election of Mr. Gecker as Chairman of the Board of Supervisors for 2010 was as follows: Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. Mr. Stegmaier congratulated Mr. Gecker on being elected as Chairman for 2010. Mr. Gecker expressed appreciation to his fellow Board members. He then read the following statement: The next few months will be dominated by talk of money in the budget. We, as the Board, are well aware of the difficult times many in our community are facing. We are also aware that we were given stewardship of a community that has tremendous resources, not the least of which, is the desire of a vast majority of our citizens, to live in a first class, first choice community. It is my hope that we will have the wisdom to not give into the pressures of the day but will instead chart a course that will preserve that which we most love about our community. This is not a time to cry about what is being done to us, it is time to reach deep within and join together to preserve what we care most deeply about. The budget issues can and will be addressed by thoughtful dialogue. It is of some concern that a few in leadership positions have again made the choice to sensationalize with the idea of pitting certain of our citizens against others. It is the. job of this Board of Supervisors to provide equity of services for people of different needs with the resources that we have. We will accomplish this through hard work, diligence, attention to detail and constructive dialogue with J J J 10-2 01/13/10 0 our citizens. Our employees are approaching this difficult time responsibly, professionally, and creatively to contribute to a solution. None of us want the legacy of our time in office to be that we left the county in poorer condition then when we started. All of us are here because we believe that we have something to offer that will allow us to leave the county better than we found it. There will be some shared sacrifices; some services will be eliminated; however, we will maintain the strong core that has made this county an attractive place to live for so many years. Ms. Durfee nominated Mr. Holland to serve as Vice Chairman for 2010. Mr. Warren made a motion, seconded by Ms. Durfee, for the Board to close nominations. Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. The vote on election of Mr. Holland as Vice Chairman of the Board of Supervisors for 2010 was as follows: Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. Mr. Gecker congratulated Mr. Holland on being elected Vice Chairman. Mr. Holland expressed appreciation to the Board of Supervisors for the honor to serve the staff and citizens of Chesterfield. 1.B. ADOPTION OF PROCEDURES OF THE BOARD OF SUPERVISORS GOVERNING MEETINGS IN 2010 On motion of Ms. Durfee, seconded by Mr. Holland, the Board adopted the Procedures of the Board of Supervisors Governing Meetings for 2010, as submitted. (It is noted a copy of the 2010 Procedures of the Board of Supervisors, as submitted, is filed with the papers of this Board.) Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. 1.C. SETTING OF REGULAR MEETING DATES FOR 2010 On motion of Mr. Holland, seconded by Ms. Durfee, the Board adopted the regular meeting date schedule for 2010, as follows: Wednesday, January 13, 2010 at 3:00 p.m. Wednesday, January 27, 2010 at 3:00 p.m. Wednesday, February 10, 2010 at 3:00 p.m. Wednesday, February 24, 2010 at 3:00 p.m. Monday, March 8, 2010 at 6:00 p.m. Wednesday, March 10, 2010 at 3:00 p.m. 10-3 01/13/10 Wednesday, March 24, 2010 at 3:00 p.m. Wednesday, April 14, 2010 at 3:00 p.m. Wednesday, April 28, 2010 at 3:00 p.m. Wednesday, May 26, 2010 at 3:00 p.m. Wednesday, June 23, 2010 at 3:00 p.m. Wednesday, July 28, 2010 at 3:00 p.m. Wednesday, August 25, 2010 at 3:00 p.m. Wednesday, September 22, 2010 at 3:00 p.m. Wednesday, October 13, 2010 at 3:OO p.m. Wednesday, October 27, 2010 at 3:00 p.m. Wednesday, November 17, 2010 at 3:00 p.m. Wednesday, December 1, 2010 at 3:00 p.m. Wednesday, December 15, 2010 at 3:00 p.m. Special Meeting Dates for 2010 Special Budget Work Session - Monday, March 8, 2010 at 6:00 p.m. Budget Public Hearing - March 24, 2010 at 6:30 p.m. Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. 1.D. CONSIDERATION OF BOARD APPOINTMENTS On motion of Mr. Warren, seconded by Ms. Durfee, the Board suspended its rules to allow simultaneous nomination/ appointment of members to serve on various committee/boards. Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. TRI-CITIES AREA METROPOLITAN PLANNING ORGANIZATION (CRATER MPO) On motion of Ms. Durfee, seconded by Mr. Warren, the Board simultaneously nominated/reappointed Ms. Dorothy Jaeckle and Ms. Barbara Smith (alternate) to serve on the Tri-Cities Area Metropolitan Planning Organization (Crater MPA), whose terms are effective January 1, 2010 and expire on December 31, 2010. Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. Mr. Gecker made the following chairman's appointments: J J J 10-4 01/13/10 BUDGET AND AUDIT COMMITTEE 0 C•7 Mr. Daniel Gecker and Mr. James Holland (Unspecified Term). COUNTY EMPLOYEE BENEFITS COMMITTEE Mr. Daniel Gecker and Ms. Dorothy Jaeckle (Unspecified Term) JOINT COUNTY/SCHOOL BOARD LIAISON COMMITTEE Ms. Marleen Durfee and Ms. Dorothy Jaeckle (Unspecified Term) 2. APPROVAL OF MINUTES 2.A. DECEMBER 16, 2009 REGULAR MEETING On motion of Ms. Durfee, seconded by Ms. Jaeckle, the Board approved the minutes of December 16, 2009, as submitted. Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. 2.8. AMENDMENT TO BOARD MINUTES OF JUNE 24, 2009 On motion of Mr. Holland, seconded by Mr. Warren, the Board approved the amendment to the June 24, 2009, minutes to correct the right-of-way width for Chislet Drive to 44 feet. Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. 3. COUNTY ADMINISTRATOR'S COMMENTS 3.A. COUNTY ADMINISTRATOR'S REPORT Mr. Stegmaier provided an update to the Board relative to Senate Bill 64 which has been introduced at the General Assembly, and would give individuals and businesses the right to place signs in VDOT rights of way for up to three days a week, which is in conflict of the county's policy regarding management of signs. He stated staff will oppose the bill as it goes through the General Assembly process. 3.B. CITIZEN'S RECYCLING ADVISORY COMMITTEE PRESENTATION Ms. Brenda Robinson, Chair of the Citizen's Recycling Advisory Committee, recognized the members of the committee who have been meeting since June. She stated the first step taken by the Committee was to investigate what the recycling programs offered throughout the county encompass. She further stated Ms. Kimberly Hynes, with Central Virginia Waste Management provided volumes of statistics regarding recycling not only for the Chesterfield community but also for the surrounding communities. She reviewed all of the programs the committee evaluated. She requested the terms of the committee be extended until December 31, 2010, to allow 10-5 01/13/10 time to complete a final report for the Board. She stated throughout the process it became evident that recycling is critical to the community and to the residents of Chesterfield. She further stated recycling services are offered to all single family homes but not widespread to some of the multifamily communities. She stated the committee is recommending a recycling fee be implemented to assist with keeping the program alive; evaluating the possibility of partnering with the county and the schools for recycling programs; and offering a business pilot program to provide education to the businesses. She further stated a recycling program is not only an environmentally positive thing to do, but is also a foundation of a good economic development framework in the community. Mr. Gecker expressed appreciation to the members of the Citizen's Recycling Advisory Committee for the work they have done thus far. He stated he would support extending the terms of the committee to the end of 2010. Ms. Durfee expressed appreciation to the members of the Citizen's Recycling Advisory Committee for the work they have done. In response to Ms. Jaeckle's questions, Ms. Robinson stated a foundation needs to be created for the recyclable materials. She further stated the industry is starting to move towards paying for itself. She stated there are areas in the process of recycling where efficiencies could be improved. 3.C. METROPOLITAN RICHMOND SPORTS BACKERS, INCORPORATED PRESENTATION Mr. John Lugbill, Executive Director of the Metropolitan Sport Backers, Inc., presented the Chesterfield County Sports Tourism Plan. He stated Sports Backers has worked with county and schools staff to develop a plan to expand efforts to promote sports tourism in the county. He further stated Sports Backers interviewed Board of Supervisors members as well as cosponsored sports organization representatives to gather their input for this plan. He stated details about facilities and their capabilities for hosting sports tourism events in the county were reviewed. He further stated the facilities in the county are great for local and school use but are not good for hosting events such as state championships. He stated Ukrop Park is a huge addition to the county, which will be a natural place for hosting events in the future. He further stated sports groups which operate in the county were interviewed and it was learned that the groups with paid staff are better equipped to organize tournaments or events which bring visitors to Chesterfield. He stated one challenge faced by the sports groups is coordinating among themselves field use and scheduling. He further stated one of the recommendations by Sports Backers is for county staff to streamline the process of field scheduling in the future. He stated in 2009, 64,000 people were either spectators or participants in sports tourism events and 29,000 of those were actually visitors to the county. He further stated Sports Backers hosted the Henricus Dauber Dash, which was a great opportunity to work the county staff directly and review how the process works. He stated events that are organized, run and owned by Chesterfield J J J 10-6 01/13/10 County groups, keeps the money raised from those events in Chesterfield. He reviewed the goals of the plan. He stated Sports Backers recommends compiling an electronic welcome package which could be distributed to participants in sports tourism events. He further stated as the county -moves forward with park development, consideration needs to be given to adding more turf fields. He recommended the county create a review plan which is staff driven to keep the report alive to grow sports tourism in the county. ~'J ^i- C Mr. Warren expressed appreciation to Mr. Lugbill for the great job promoting sports in the region and to Mr. Mike Golden for his work in the county. In response to Mr. Warren's question, Mr. Lugbill stated the draft report from Sports Backers was presented to the Parks and Recreation Advisory Commission in December. He further stated the commission was very involved and engaged throughout the entire process. Mr. Holland expressed appreciation for the excellent job done by Mr. Lugbill pulling together the various assets in the county to promote sports tourism. He stated the welcome packet for participants in the sports tourism events is an excellent idea. Ms. Jaeckle stated it is important to not let the plan die. She further stated the Dauber Dash held in Henricus brought at least 400 people into the county who may have never known about Henricus. Mr. Gecker requested that staff review the recommendations made by Sports Backers and bring a report back to the Board. Ms. Jaeckle expressed appreciation for the opportunity to serve on the Sports Backers Board. 3.D. CONTINUING ADULT EDUCATION PRESENTATION Ms. Deborah Hinton, Administrator, Continuing Adult Education, presented details of the Tier 1 Status Award received by the Adult Continuing Education Department for exceeding the state average in points for results in adult education programs. Ms. Jaeckle stated she supported trying to decrease the high school drop out rates, but some students are not ready to finish high school and will need to get their GED. Mr. Holland stated adult education is significant to the economic well being. In response to Ms. Durfee's questions, Ms. Hinton stated Congress has recently voted to approve an additional $65 million in funding for adult education. She further stated approximately 70 percent of the budget for adult education, not including salaries, comes from federal funding. 10-7 01/13/10 4. BOARD MEMBER REPORTS Ms. Durfee stated sometimes as Board members, there are special highlights. She stated she recently attended a constituent's 104th birthday party. She inquired whether there were any residents who are older than 104 in the county. Mr. Holland stated he accompanied Mr. Warren and Ms. Pettitt to the 2010 Census Tour. He further stated it is important to Chesterfield County for everyone to be counted because $400 billion will be allocated based on the census information. He stated survey questionnaires-will be mailed out in February and March. Mr. Warren stated there is a Clover Hill community meeting scheduled on January 25, at Monacan High School on converting zip codes. He further stated this will be the last meeting to get final input before staff makes their recommendations. Ms. Jaeckle stated a joint community meeting for the Bermuda and Dale Districts is scheduled for January 26 at Meadowbrook High School to discuss the 23237 and 23234 zip codes. Mr. Holland stated the joint community meeting for the Bermuda and Dale Districts is a good opportunity for the citizens to make a recommendation on the zip code proposal. 5. REQUESTS TO POSTPONE AGENDA ITEMS AND ADDITIONS, DELETIONS OR CHANGES IN THE ORDER OF PRESENTATION On motion of Mr. Holland, seconded by Ms. Durfee, the Board replaced the attachment to Item 9.C.1, Approval of Contract Changes with the Jefferson Davis Association for the Streetscape Project and Transfer of Funds Within the Community Development Block Grant; added Item 9.C.4.e., Resolution Recognizing Miss Harriet Beecher Stowe Brown on Her 104th Birthday; and moved Item 9.C.6.a., Set Date for Public Hearing to Consider Changing the Zoning Category and Fee for the Keeping of Dogs for Private Use, to follow Item 17.A., Public Hearing to Consider Proposed Adjustment to the Special Exception Fee for Private Kennels. Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. 6. RESOLUTIONS There were no Resolutions at this time. 7. WORK SESSIONS There were no Work Sessions at this time. 8. DEFERRED ITEMS There were no Deferred Items at this time. J J J 10-8 01/13/10 9. NEW BUSINESS C r~ ~~~ 9.A. APPOINTMENTS On motion of Mr. Warren, seconded by Mr. Holland, the Board suspended its rules to allow simultaneous nomination/ appointment/reappointment of members to serve on the Community Criminal Justice Board and the Disability Services Board. Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. 9.A.1. COMMUNITY CRIMINAL JUSTICE BOARD On motion of Mr. Holland, seconded by Mr. Warren, the Board simultaneously nominated/appointed Ms. Deborah O. Burcham (Community Services Board Representative), to serve on the Community Criminal Justice Board, whose term is effectively immediately and expires June 30, 2011. Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. 9.A.2. DISABILITY SERVICES BOARD On motion of Mr. Holland, seconded by Mr. Warren, the Board simultaneously nominated/appointed/reappointed the following members to serve on the Disability Services Board: Name District Expiration Ms. Linda VanAken Bermuda December 31, 2012 Ms. Valerie Luther At Large December 31, 2012 Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. 9.A.3. COMMUNITY SERVICES BOARD Ms. Jaeckle stated she would like to defer the appointment to the Community Services Board to allow time for a possible restructuring of the board. She further stated the State Code requires no less than six and no more than 18 members with a third of the appointments being consumers, former consumers or family of consumers and one consumer. She stated the Board currently has 15 members with seven consumers, which is closer to half of the Board rather than a third. She further stated a spot on the Community Services Board should be allocated to a Board of Supervisor member. She stated the Community Services Board sets policies for the operation of the Mental Health, Mental Retardation and Substance Abuse Department. She further stated her recommendation for restructuring is no way an assessment of their performance as a board. She stated it is important to have a Board member involved at a closer level with the Community Services Board. Ms. Durfee expressed concerns regarding the processes and procedures in appointing to the Community Services Board. She stated individuals were asked to apply for the Community Services Board several months ago. She further stated it 10-9 01/13/10 would not send a good message if the Board did not make this appointment because this individual should have been appointed in December to the Community Services Board. Ms. Jaeckle stated it is more difficult to downsize a committee once individuals have been appointed. She further stated the desire to restructure the Community Services Board is nothing against the individual applicant. She stated having a Board of Supervisors member serve on the Community Services Board would allow an opportunity to know more about it and quite possibly advocate for some of the needs. Mr. Holland stated it is important for the Board to move forward with the appointment. He further stated restructuring of the Community Services Board can be considered at a later date. Discussion ensued regarding the process to be followed for nominating and appointing at the same meeting. Mr. Warren made a motion, seconded by Ms. Durfee, for the Board to suspend its rules to allow simultaneous nomination/ appointment/reappointment of members to serve on the Community Criminal Justice Board and the Disability Services Board. Ayes: Gecker, Holland, Warren, and Durfee. Nays: Jaeckle. The motion failed due to not having a unanimous vote. On motion of Mr. Warren, seconded by Mr. Holland, the Board nominated Mr. Vincent Burgess to serve on the Community Services Board. Ayes: Gecker, Holland, Warren, and Durfee. Nays: Jaeckle. 9.A.4. CITIZEN'S RECYCLING ADVISORY COMMITTEE TERM EXTENSION On motion of Mr. Holland, seconded by Mr. Warren, the Board approved extension of the Citizen's Recycling Advisory Committee's term to December 31, 2010. Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. 9.B. STREETLIGHT INSTALLATION COST APPROVALS On motion of Mr. Holland, seconded by Ms. Durfee, the Board approved the following streetlight installations: BERMUDA DISTRICT: • In the Walthall Ridge subdivision: Walthall Ridge Drive, vicinity of 306 Cost to install streetlight: $1,555.04 Walthall Crest Court, vicinity of 400/406 Cost to install streetlight: $1,577.98 J J J 10-10 01/13/10 • Not in a recorded subdivision: Indian Hill Street and Woodsedge Road, on the existing pole Cost to install streetlight: $324.12 DALE DISTRICT: • In the Kings Grove subdivision Kings Grove Drive, vicinity of 5700 Cost to install streetlight: $1,702.19 MIDLOTHIAN DISTRICT: • Amster Road and Starview Lane, on the existing pole Cost to install streetlight: $574.70 Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. 9.C. CONSENT ITEMS 9.C.2. APPROVAL OF STREET NAME CHANGE FROM PORT WALTHALL COURT TO SABRA COURT C~ On motion of Ms. Durfee, seconded by Mr. Holland, the Board approved the renaming of Port Walthall Court to Sabra Court. Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. 9.C.4. ADOPTION OF RESOLUTIONS 9.C.4.b. RECOGNIZING LIEUTENANT CLINTON C. SCHOTT, POLICE DEPARTMENT, UPON HIS RETIREMENT 0 On motion of Ms. Durfee, seconded by Mr. Holland, the Board adopted the following resolution: WHEREAS, Lieutenant Clinton C. Schott retired from the Chesterfield County Police Department on January 1, 2010, after providing over 20 years of outstanding quality service to the citizens of Chesterfield County; and WHEREAS, Lieutenant Schott has faithfully served the county in the capacity of Patrol Officer, Detective, Sergeant and Lieutenant; and WHEREAS, during his tenure with the Chesterfield County Police Department, Lieutenant Schott has served in various areas of the department to include the Uniform Operations Bureau, Criminal Investigations Bureau, Support Services Division, Community Policing Section, and the Traffic Section; and WHEREAS, Lieutenant Schott co-sponsored and developed the "Come Home Alive Program" to address teen driving and participated in high school presentations resulting in a positive impact to thousands of students; and 10-11 01/13/10 WHEREAS, Lieutenant Schott served as a member of the team that formed the Critical Incident Stress Management Program, which is designed to give all police department members the opportunity to receive emotional and tangible peer support through times of personal or professional crises; and WHEREAS, Lieutenant Schott was an original member of the Special Response Unit when it was first organized in 1991; and WHEREAS, Lieutenant Schott served as the Hostage Negotiations Team Leader; and WHEREAS, the Hostage Negotiations Team received a Unit Citation and has received national and state recognition for its unique partnership and working relationship with the Chesterfield County Mental Health Department; and WHEREAS, Lieutenant Schott was a recipient of a Life Saving Award for his heroic efforts in saving the life of a four-year-old child; and WHEREAS, Lieutenant Schott was awarded the Bronze Star by the Richmond Retail Merchant's Association; and WHEREAS, Lieutenant Schott received a Unit Citation for his diligent work and professional image while serving as a member of the Police Honor Guard; and WHEREAS, Lieutenant Schott has received numerous letters of appreciation from citizens of Chesterfield County for the service he rendered; and WHEREAS, Lieutenant Schott 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 Lieutenant Schott's diligent service. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes Lieutenant Clinton C. Schott, and extends on behalf of its members and the citizens of Chesterfield County, appreciation for his service to the county, congratulations upon his retirement, and best wishes for a long and happy retirement. Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. 9.C.4.c. SUPPORTING THE ROBIOUS ELEMENTARY AND MIDDLE SCHOOL SAFE ROUTES TO SCHOOL SIDEWALK PROJECT On motion of Ms. Durfee, seconded by Mr. Holland, the Board adopted the following resolution: WHEREAS, in accordance with the 2009 Virginia Safe Routes to School Program Guidelines, it is necessary that the local governing body support, by resolution, a proposed Safe Routes to School infrastructure project. J J J 10-12 01/13/10 NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Chesterfield County supports the Robious Elementary and Middle Schools Safe Routes to School Sidewalk Project . AND, BE IT FURTHER RESOLVED that the Board acknowledges that this is a locally-administered, reimbursement project and that Chesterfield County will enter into the project agreement with the Virginia Department of Transportation. u Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. 9.C.4.d. RECOGNIZING MR. WILLIE B. LAWTON, UTILITIES DEPARTMENT, UPON HIS RETIREMENT u r~ u On motion of Ms. Durfee, seconded by Mr. Holland, the Board adopted the following resolution: WHEREAS, Mr. Willie B. Lawton retired from Chesterfield County Utilities Department on January 1, 2010; and WHEREAS, Mr. Lawton began his public service with Chesterfield County on December 9, 1985 when he was hired by the Chesterfield Utilities Department as a utility worker; and WHEREAS, Mr. Lawton was promoted several times within his division and has served faithfully as a senior utility worker until his retirement; and WHEREAS, Mr. Lawton worked with crews responsible for maintaining and restoring water service to customers regardless of weather conditions or time of day; and WHEREAS, Mr. Lawton was focused on providing world-class customer service by consistently meeting or exceeding customer expectations; and WHEREAS, Mr. Lawton continuously utilized his knowledge of repair techniques and experience to provide water service that is safe, reliable and environmentally sound; and WHEREAS, Mr. Lawton was highly respected and liked by his peers and co-workers; and WHEREAS, Mr. Lawton 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. Lawton displayed dependability, aptitude, good character and good values. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes Mr. Willie B. Lawton and extends on behalf of its members and the citizens of Chesterfield County, appreciation for over 24 years of exceptional service to the county. 10-13 01/13/10 AND, BE IT FURTHER RESOLVED that a copy of this resolution be presented to Mr. Lawton and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County. Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. 9.C.4.e. RECOGNIZING MISS HARRIET BEECHER STOWE BROWN ON HER 104TH BIRTHDAY On motion of Ms. Durfee, seconded by Mr. Holland, the Board adopted the following resolution: WHEREAS, Miss Harriet Beecher Stowe Brown was born in Chesterfield County on January 11, 1906; and WHEREAS, Miss Brown grew up on the family farm with her three sisters and four brothers; and WHEREAS, Miss Brown moved to Philadelphia in her early 20's, where she lovingly cared for the children of two families for more than 40 years; and WHEREAS, although she left her childhood home, Miss Brown frequently corresponded with her family members throughout the years and returned to Chesterfield by train every summer; and WHEREAS, a hard working woman, Miss Brown tirelessly helped with housework and farm work whenever she was home, inspiring her nieces and nephews with her many skills and talents; and WHEREAS, in 1971, Miss Brown retired and returned to Chesterfield County, the land of her youth, and built the home where she still lives today; and WHEREAS, Miss Brown was a faithful member of Shiloh Baptist Church for many years; and WHEREAS, Miss Brown has served as a source of wisdom and encouragement, as well as a role model, for her family members and the community; and WHEREAS, Miss Brown is one of Chesterfield County's most cherished senior residents. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, on behalf of all Chesterfield County residents, recognizes the significant contributions of Miss Harriet Beecher Stowe Brown, wishes her a happy 104th birthday, and is proud to have her as a resident of Chesterfield County. Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. 9.C.5. ACCEPTANCE OF GRANT FUNDS FROM THE DEPARTMENT OF HOMELAND SECURITY FOR CENTRAL VIRGINIA URBAN AREA SECURITY INITIATIVE GRANT PROGRAM On motion of Ms. Durfee, seconded by Mr. Holland, the Board authorized the Fire and EMS Department, Office of Emergency J J J 10-14 01/13/10 Management, to receive and manage $310,319 in grant funds from the Department of Homeland Security for a professional assessment of the electrical connection needs for disaster shelters in Chesterfield County and the Central Virginia UASI region. Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. 9.C.6. SET DATES FOR PUBLIC HEARINGS 9.C.6.b. TO CONSIDER THE APPROPRIATION OF FUNDS FOR THE ROUTE 10 (I-95 TO WARE BOTTOM SPRING ROAD) WIDENING PROJECT On motion of Ms. Durfee, seconded by Mr. Holland, the Board set January 27, 2010, for a public hearing for the Board to consider the appropriation of funds for the Route 10 (I-95 to Ware Bottom Spring Road) Widening Project. Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. 9.C.7. TRANSFER OF FUNDS FOR PROPOSED SITE IMPROVEMENTS AT THE WATRINS ANNEX SCHOOL u ~!J On motion of Ms. Durfee, seconded by Mr. Holland, the Board appropriated $300,000 ($150,000 in School funds, $120,000 in cash proffer funds, and $30,000 from the Village of Midlothian Volunteer Coalition) to the Parks and Recreation Department's Capital Budget to be used for site improvements at the Watkins Annex School site. Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. 9.C.8. STATE ROAD ACCEPTANCE On motion of Ms. Durfee, 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. 10-15 01/13/10 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: Center Pointe Parkway Extension Type Change to the Secondary System of State Addition Reason for Change: New subdivision street Pursuant to Code of Virginia X33.1-229 Street Name and/or Route • Center Pointe Parkway, State Route Number 6040 Old Route Number: 0 From: Charter Colony Py., (Rt 754) To: 0.13 miles west of Charter Colony Py., 0.13 miles. Recordation Reference: Db. 6738 Pg. 481 & 485 Right of Way width (feet) = var (Rt. 754), a distance of: • Center Poiate Parkway, State Route Number 6040 Old Route Number: 0 From: 0.13 miles west of Charter Colony Py., (Rt. 754) To: 0.28 miles west of Charter Colony Py., (Rt. 754), a distance of: 0.15 miles. Recordation Reference: Db. 6738 Pg. 481 & 485 Right of Way width (feet) = var Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. 9.C.9. CONVEYANCE OF AN EASEMENT TO VIRGINIA ELECTRIC AND POWER COMPANY FOR EXISTING UNDERGROUND FACILITIES THAT SERVE THE DALE FIRE STATION On motion of Ms. Durfee, seconded by Mr. Holland, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute an agreement with Virginia Electric and Power Company for existing underground facilities that serve Dale Fire Station Number 11, 5811 Ironbridge Road. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes:. Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. 9.C.10. REQUESTS FOR PERMISSION 9.C.10.a. FROM CHARLES E. AND KEVIN R. KELLEY FOR A PROPOSED SWIMMING POOL AND CONCRETE POOL DECK TO ENCROACH WITHIN A TWENTY-SIX-FOOT EASEMENT ACROSS LOT 5, BRANDER'S ESTATES On motion of Ms. Durfee, seconded by Mr. Holland, the Board approved the request for permission from Charles E. and Kevin J J J 10-16 01/13/10 R. Kelley for a proposed swimming pool and concrete pool deck to encroach within a 26-foot easement across Lot 5, Brander's Estates, 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: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. 9.C.10.b. FROM PAUL E. AND AMANDA A. NEWMAN FOR A PROPOSED AND EXISTING FENCE TO ENCROACH WITHIN A SIXTEEN- FOOT DRAINAGE EASEMENT AND AN EIGHT-FOOT EASEMENT ACROSS LOT 50, HAYWOOD VILLAGE, SECTION A AT CHARTER COLONY C On motion of Ms. Durfee, seconded by Mr. Holland, the Board approved the request for permission from Paul E. Newman and Amanda A. Newman for a proposed and existing fence to encroach within a 16' drainage easement and an 8' easement across Lot 50, Haywood 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: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. 9.C.10.c. FROM PETER GOWERNEUR BURNET AND JENNIFER LYNN HUBBUBS FOR A GRAVEL DRIVEWAY TO ENCROACH WITHIN A FIFTY-FOOT UNIMPROVED COUNTY RIGHT OF WAY KNOWN AS MCRAE ROAD On motion of Ms. Durfee, seconded by Mr. Holland, the Board approved the request for permission from Peter Gouverneur Burnet and Jennifer Lynn Burrus for a gravel driveway to encroach within a 50-foot unimproved county right of way known as McRae 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: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. 9.C.11. REQUEST TO QUITCLAIM A VARIABLE WIDTH RESOURCE MANAGEMENT AREA EASEMENT ACROSS LOTS 4, 5, AND 6, BRANDER'S ESTATES On motion of Ms. Durfee, seconded by Mr. Holland, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute a quitclaim deed to vacate a variable width Resource Management Area Easement across Lots 4, 5 and 6, Brander's Estates. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. 10-17 01/13/10 9.C.12. APPROPRIATION OF FUNDS FOR THE RICHMOND METROPOLITAN AUTHORITY FOR THE DIAMOND BASEBALL STADIUM On motion of Ms. Durfee, seconded by Mr. Holland, the Board appropriated $170,000 for the Richmond Metropolitan Authority for the county's share of costs related to the Diamond as outlined in the Moral Obligation Agreement dated August 31, 1984. Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. The following items were removed from the Consent Agenda for Board comment: 9.C.3. TRANSFER OF CIP STREAM RESTORATION FUNDING FROM POCOSHOCK CREEK AND FALLING CREEK TO THE MID-LOTHIAN MINES STREAM RESTORATION PROJECT In response to Ms. Durfee's questions, Mr. McElfish stated the funding for the Falling Creek and Pocoshock Stream Restoration Projects was not a block of money; it was a systematic amount of money geared towards stream restoration every year, which builds up over time. He further stated the stream restoration is much more expensive than originally thought. He stated there is not enough money to fund both the Mid-Lothian Mines and the Pocoshock Stream Restoration Projects. He further stated as funding comes in it will go to the Pocoshock Stream Restoration Project. He stated the projects were identified by staff for stream restoration and the Mid-Lothian Mines and Pocoshock streams were the two which needed restoration the most. He further stated the Mid-Lothian Mines stream project is much shorter and with less easement issues than Pocoshock. He stated staff has identified the streams in the county which will need to be restored and has developed criteria to help determine which ones get restored. He further stated the streams on staff's restoration list have severe erosion. On motion of Mr. Gecker, seconded by Mr. Holland, the Board transferred $885,129.99 in existing CIP Stream Restoration funding from Pocoshock Creek and Falling Creek to the Mid- Lothian Mines Stream Restoration Project. Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. 9.C.4.a. RECOGNIZING THE HONORABLE ARTHUR S. WARREN AS 2009 CHAIRMAN OF THE BOARD OF SUPERVISORS On motion of Mr. Holland, seconded by Ms. Durfee, the Board adopted the following resolution: WHEREAS, the Honorable Arthur S. Warren, Supervisor representing the Clover Hill District, served as Chairman of the Board of Supervisors from January 2009 to December 2009 and during this period, demonstrated outstanding leadership and insight .through many challenges and opportunities confronting the county, while responding to the needs of citizens and exhibiting an unwavering dedication to J J J 10-18 01/13/10 maintaining a high quality of life for Chesterfield County residents; and C C U WHEREAS, under Mr. Warren's Chairmanship, -the county demonstrated leadership in managing the county's financial resources, including evaluating and restructuring the county's portfolio of programs and services in an effort to better focus on priorities such as education and public safety and enhancing overall sustainability given the expected resource constraints; incorporating -input into the FY2010 budget from two new, Board-recommended committees, the Citizens' Budget Advisory Committee and the Efficiency Committee, both of which provided a fresh perspective and made valuable contributions to the development of the county's budget; the open engagement of the community through a series of community budget meetings early in the FY2011- FY2012 biennial budget process to communicate the challenges of the economic situation and seek citizen input on priority budget areas and possible solutions; and the successful sale of general obligation bonds and reaffirmation of all three triple AAA ratings in these difficult economic times; and WHEREAS, successes under Mr. Warren's Chairmanship included the Utilities Department continuing to earn triple AAA bond ratings on its 2009 revenue bond issue; the county being named to Training Magazine's Top 125 at number 38 and remaining the only local government to have made the list in its 42-year history; recognition of the county by the Attorney General's Community Recognition Program for Promising Practices in Domestic Violence; recognition of the Police Department by the International Association of Chiefs of Police and Science Applications International Corporation for its exceptional volunteer program; improvement of the Fire and EMS Department's Public Property Classification, which resulted in better fire insurance rates for home and business owners in the county and put Chesterfield in the top 13 percent of departments across the nation that participate in the ISO system; receipt of the Pinnacle Award by the National Association of Government Webmasters for the newly launched Chesterfield.gov web site; and receipt of 10 NACo Achievement Awards and one VACo Achievement Award, as well as Public Affairs receiving eight communications awards from NACIO; and WHEREAS, other successes under Mr. Warren's Chairmanship include the Henricus Publick Days event, with the sailing of the Godspeed from Jamestown to Henricus; award of the Department of Environmental Quality's E3 Certification for the Falling Creek Wastewater Treatment Plant; receipt of Community Anti-Drug Coalitions of America's Got Outcomes! Award, in partnership with SAFE Inc., for successful communitywide efforts to reduce substance abuse; hosting of the Virginia Statewide Neighborhood Conference; successfully coordinating the Spanish Culture Festival at Meadowdale Library in. the spring and the Hispanic Family Day Event in October; increase in library visitors and circulation by 7 to 10 percent and PC workstation usage by 22 percent, while the number of library card holders increased to a new high of 244,000; creation and publication of an automated external defibrillator inspection and utilization program for all county and school buildings; and continuing to enjoy the lowest crime rate and the highest criminal case clearance rates in the region; and 10-19 01/13/10 WHEREAS, service enhancements to benefit county citizens include improving and better educating the public on the Cross Connection Control program to prevent backflow into the county's drinking water system to avoid contamination and public health concerns; dedication and opening of the John J. Radcliffe Appomattox River Conservation Area and the 35-acre Ukrop's Park Soccer Complex; the Police Department partnering with LifeNet, a non-profit organ procurement organization, to assist with providing donation of organs and tissue to save lives and restore health; increased efficiency with the new Jail Management System; increased customer service capabilities with the new countywide Voice Mail System; initiation of a second Build-A-House Project adjacent to Meadowbrook High School in partnership with Chesterfield County Public Schools and Chesterfield Alternatives, Inc.; the Purchasing Department setting new records in doing business with women-owned and Chesterfield businesses; consolidation of drug testing vendors by Community Corrections, reducing costs significantly; and implementation of the Web Jury Registration System, allowing citizens to register for jury duty over the web with a friendly, easy to use system; and WHEREAS, major economic and community development successes include significant progress on revising the county's Comprehensive Plan; opening of the first phase of the Westchester Commons shopping center at Watkins Centre; opening of the first phase of the Hancock Village shopping center on Hull Street Road; commitment for funding construction of the I-295 Meadowville Interchange project; the announcement of economic development projects, including Southern Design and Mechanical, Inc., UPS Freight (Foremost Sales), Precision Recycling of Virginia, Virginia T's, Greener Solution, Maruchan, Bon Secours and Hill Phoenix; the announcement of more than $58 million in investment and 294 new jobs; providing for high quality landscaping in the Midlothian Turnpike median, financed through a privately funded service district; and completing various transportation improvements, including the Otterdale Road bridge replacement, Courthouse Road spot improvements, Branders Bridge Road at Stoney Glen, and turn lanes at Route 1 and Forest Lake Road and Harrowgate at Treely Road. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes the county's many accomplishments and applauds its 2009 Chairman, the Honorable Arthur S. Warren. AND, BE IT FURTHER RESOLVED that the Board of Supervisors does hereby present Mr. Warren with a plaque recognizing his distinguished service as chairman from January 2009 to December 2009. Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. Mr. Gecker stated it has been a busy year for the county. He further stated Mr. Warren served as Chairman of the board for two years and provided the Board members with .the institutional knowledge and wisdom. He expressed J J J 10-20 01/13/10 appreciation to Mr. Warren for his guidance over the last two years. ^+i~ Ms. Jaeckle expressed appreciation for Mr. Warren's guidance and experience on the Board of Supervisors. Ms. Durfee expressed appreciation for Mr. Warren's leadership over the last two years as the Chairman of the Board of Supervisors. Mr. Holland stated Mr. Warren provided a calm hand in turbulent waters over the last couple of years. He expressed appreciation to Mr. Warren for his guidance. Mr. Stegmaier expressed appreciation to Mr. Warren on behalf of county staff for the wonderful leadership he has provided. Mr. Warren expressed appreciation to the Board and staff for the recognition. He further stated an advantage of having a resolution is to make sure all of the successes the county has participated in are remembered. The following item was removed from the Consent Agenda for public comment: 9.C.1. APPROVAL OF CONTRACT CHANGES WITH THE JEFFERSON DAVIS ASSOCIATION FOR THE STREETSCAPE PROJECT AND TRANSFER OF FUNDS WITHIN THE COMMUNITY DEVELOPMENT BLOCK GRANT C~ Ms. Brenda Stewart, a Matoaca District resident, stated there were issues with the contract which calls for a closer review. She inquired how many government overseers a project requires. She urged the Board to defer this item until some of the questions can be answered. Mr. Scott Rogers, the President of Jefferson Davis Association, stated the association is a group of volunteers working on the project . He further stated the project will help with the appearance of Jefferson Davis Highway. Mr. Robert Eanes stated volunteers have brought this project to the point where it is currently. Ms. Jaeckle stated unfortunately when a group is working with federal funding coming in from different streams with different rules sometimes it takes many people to oversee the process to ensure all of the guidelines and deadlines are met. She further stated the Jefferson Davis Association is a volunteer organization that only has a certain amount of expertise in handling federal funding. She stated she is happy to see the project has come this far. Mr. Eanes stated Internal Audit has reviewed the project and has assured staff everything is in accordance with the guidelines. In response to Mr. Holland's questions, Mr. Eanes stated Jefferson Davis Highway has historic designation. He further stated the City of Richmond has joined the county on two 10-21 01/13/10 tours of the Jefferson Davis Corridor and wants to repeat some of the planned improvements in the City. Ms. Durfee stated everyone is in support of revitalization projects particularly along Jefferson Davis Highway. She expressed concerns regarding the process and whether any lessons have been learned. She stated staff needs to look at the processes and try to make improvements. Ms. Jaeckle stated there are contracts waiting to be signed in order to get the project to meet the deadlines. In response to Ms. Durfee's question, Mr. Eanes stated the money has to be spent and projects closed out by May 1, 2010. Ms. Durfee expressed concerns regarding the process and whether the Jefferson Davis Association should be familiar with everything. She stated it is not totally the association's responsibility to ensure all of the guidelines and deadlines are met. She further stated it is imperative for the Board to completely understand items on which they are making decisions. Mr. Eanes stated issues have been identified in regards to the process and recommendations have been made to the County Administrator. Mr. Gecker requested a report to the Board as to what lessons have been learned from the review of the process. In response to Mr. Gecker's question, Mr. Micas stated the contract has been reviewed by the County Attorney's office and it is legally appropriate to approve the contract. On motion of Ms. Jaeckle, seconded by Mr. Warren, the Board approved changes to the contract with the Jefferson Davis Association for the Streetscape Project and transferred $343,000 (entire $193,000 JDA Bizworks FY2009 allocation and $150,000 of the $178,000 FY2010 allocation) within the current Community Development Block Grant allocations. (It is noted a copy of the contract is filed with the papers of this Board.) Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. Ms. Jaeckle expressed appreciation to Mr. Eanes for all of his hard work on this project. 10. REPORTS 10.A. REPORT ON DEVELOPER WATER AND SEWER CONTRACTS 10.B. REPORT ON STATUS OF GENERAL FUND BALANCE, RESERVE FOR FUTURE CAPITAL PROJECTS, DISTRICT IMPROVEMENT FUNDS AND LEASE PURCHASES 10.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 J J J 10-22 01/13/10 and Sewer Contracts and A Report on Status of General Fund Balance, Reserve for Future Capital Projects, District Improvement Funds and Lease Purchases. u 0 And, further, the following roads were accepted into the State Secondary System: TTTTTTrITT BATTERY DANTZLER EXTENSION (Effective 11/17/2009) Battery Dantzler Court (Route 7259) - From Battery Dantzler Road (Route 975) to cul-de-sac Battery Dantzler Road (Route 975) - From Old Stage Road (Route 732) to Battery Dantzler Court (Route 7259) Battery Dantzler Road (Route 975) - From Battery Dantzler Court (Route 7259) to 0.08 miles east of Battery Dantzler Court (Route 7259)/Existing Route 7259 TTIT TTT/lTT T L~TT/"~TV 0.12 Mi. 0.10 Mi. 0.08 Mi. COLLINGTON 13 Ashleyville Lane (Route 5995) - From Ashleyville Turn (Route 7400) to cul-de-sac 0.04 Mi. Ashleyville Lane (Route 5995) - From 0.01 miles east of Ashleyville Mews (Route 7137) to Ashleyville Turn (Route 7400) 0.04 Mi. Ashleyville Mews (Route 7137) - From 0.01 miles north of Ashleyville Lane (Route 5995) to cul-de-sac 0.03 Mi. Ashleyville Turn (Route 7400) - From Ashleyville Lane (Route 5995) to cul-de-sac 0.06 Mi. ADDITION DALE MEADOWS B Meadoway Road (Route 2389) - From 0.10 miles south of West Jamson Road (Route 3927) to cul-de-sac 0.05 Mi. ADDITION HAWTHORNE VILLAGE B Nailor Way (Route 7158) - From Newburg Lane (Route 7419) to temporary end of maintenance 0.02 Mi. Nailor Way (Route 7158) - From 0.07 miles north of Gorham Lane (Route 7157) to Newburg Lane (Route 7419) 0.12 Mi. Newburg Lane (Route 7419) - From Nailor Way (Route 7158) to Coalfield Road (Route 754) 0.05 Mi. 10-23 01/13/10 ADDITION POPULAR CREEK SEC F Laurel Top Drive (Route 6052) - From Laurel Top Drive (Route 6052) to 0.05 miles south of Laurel Top Drive (Route 6052) 0.05 Mi. ADDITION THE VINEYARD AT FOREST VIEW 1 Twisted Oak Drive (Route 4508) - From West Brevard Drive (Route 7381) to cul-de-sac 0.03 Mi. Twisted Oak Drive (Route 4508) - From 0.02 miles west of Twisted Oak Court (Route 4603) to West Brevard Drive (Route 7381) 0.05 Mi. West Brevard Drive (Route 7381) - From Twisted Oak Drive (Route 4508) to cul-de-sac 0.20 Mi. Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. 11. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED MATTERS Ms. Virginia Hickey presented a petition to the Board requesting that the Board adopt a resolution requesting that VDOT accept International Drive into the State Road system. Mr. L.J. McCoy, President of Chesterfield Chapter of NAACP, urged the Board to not reduce funding for special education programs in the school system. Mr. Frank Cardella, President of the Chesterfield Education Association, urged the Board to increase the funding to the school system to the levels of prior years in order to allow the school system to retain the highly qualified teachers. 12. 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: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. Reconvening: 13. INVOCATION J J J 10-24 01/13/10 Deputy County Administrator M.D. "Pete" Stith, Jr., gave the invocation. C 14. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Mr. John Harmon led the Pledge of Allegiance to the Flag of the United States of America. 15. RESOLUTIONS 15.A. RECOGNIZING THE ATHLETIC ACCOMPLISHMENTS OF MR. TED RICHARDSON ^~I- Mr. Kappel introduced Mr. Ted Richardson, who was present along with members of his family, to receive the resolution. On motion of Mr. Holland, seconded by Ms. Durfee, the Board adopted the following resolution: WHEREAS, Mr. Ted Richardson is a senior at James River High School in Chesterfield County, Virginia; and WHEREAS, Mr. Richardson is a member of James River High School's Boys' Cross Country Team; and WHEREAS, on November 7, 2009, Mr. Richardson competed against 135 other runners in the Virginia High School League's Group AAA Boys' Championship Cross Country Meet; and WHEREAS, this was Mr. Richardson's first running season following recovery from a stress fracture that had kept him sidelined for the entire previous season; and WHEREAS, the November 7th meet was the incentive on which Mr. Richardson focused in order to train and recover from his injury; and WHEREAS, the meet was conducted at Pole Green Park in Mechanicsville, Virginia; and WHEREAS, the 3.1-mile course included several hills that made the event more challenging for all the runners, particularly one coming back from an injury; and WHEREAS, as Mr. Richardson cleared the finish line, the first runner to do so, he was four seconds ahead of his nearest competitor; and WHEREAS, Mr. Richardson's commitment to training, along with his speed, knowledge and endurance, combined to help earn him the number one individual runner spot in the meet; and WHEREAS, Mr. Richardson's performance reflects favorably on James River High School and on Chesterfield County, Virginia. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 13th day of January 2010, hereby recognizes Mr. Ted Richardson for his outstanding 10-25 01/13/10 accomplishment in high-school athletics, congratulates him on his victory in the 2009 Virginia High School League Group AAA Boys' Championship Cross Country Meet, and extends best wishes for continued success. AND, BE IT FURTHER RESOLVED that a copy of this resolution be presented to Mr. Richardson and that this resolution be recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. Mr. Gecker presented the executed resolution to Mr. Richardson and congratulated him on his success. Mr. John Titus, Principal of .James River High School, stated Mr. Richardson is an excellent athlete and scholar. He wished Mr. Richardson success next year at William and Mary. Mr. Richardson expressed appreciation to the Board for the recognition and to everyone for being so supportive. 16. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED MATTERS Ms. Brenda Stewart urged the Board to not increase the real estate tax rate in order to increase the funding for the school system. 17. PUBLIC HEARINGS 17.A. TO CONSIDER PROPOSED ADJUSTMENT TO THE SPECIAL EXCEPTION FEE FOR PRIVATE KENNELS Mr. Glen Larson stated this date and time had been advertised for the Board to consider a proposed amendment to the special exception fee for private kennels. Mr. Gecker called for public comment. Mr. William Rogers spoke in opposition to the proposed adjustment to the special exception fee for private kennels. He stated with the county having revenue shortfall it does not make sense to give up revenue with the proposed change. Ms. Amy Mitchell spoke in support of the proposed adjustment to the special exception fee. She stated people can complain if the dogs are a problem. Ms. Linda Davis spoke in support of the proposed adjustment to the special exception fee for private kennels and for allowing three dogs to be owned. Mr. Bob Herndon requested the Board to increase the amount of dogs allowed to be kept f rom two to three and to reduce the fee for a special exception. Mr. Will Shewmake, a Midlothian District resident, requested the Board set a fee for special exceptions pertaining to J J J 10-26 01/13/10 private kennels at an amount that will cover the costs of the requests, but is also economical for residents. There being no one else to address this request, the public hearing was closed. In response to Ms. Durfee's questions, Mr. Larson stated the fee for a special exception pertaining to private kennels was increased to $1,000 prior to 2000. He further stated he would have to research what the fee was prior to 2000 and whether incremental increases were made to the fees. Ms. Durfee stated she could support a reasonable fee to cover the costs associated with this type of request. Mr. Larson stated staff has done some research and in terms of processing and advertising for a public hearing in front of the Board of Zoning Appeals, the cost would be approximately $250. In response to Ms. Durfee's question, Mr. Gecker stated the discussion regarding the conditional use part of the request will come up with the next item. Mr. Holland stated $1,000 for a special exception in front of the Board of Zoning Appeals is expensive. He further stated the fees collected should be revenue neutral and the fee of $250 would cover the costs of processing the request. He stated fees should not be used to penalize citizens who love dogs. Mr. Warren stated he would be in agreement with raising the number of dogs allowed by right to three. He further stated the. requests to allow more than three dogs need to stay with the Board of Zoning Appeals because they have done a wonderful job handling these issues. He stated the $250 fee for a special exception covers costs for advertising and processing. In response to Ms. Jaeckle's questions, Mr. Larson stated the Planning Commission did not discuss increasing the number of dogs allowed by right from three to four. He further stated the majority of the special exception requests pertaining to the number of dogs to be kept are received due to complaints being made against the owners. Ms. Jaeckle expressed concerns regarding the county now using proactive code enforcement and many times neighbors complain about neighbors, not about the number of dogs. Mr. Gecker stated he would be prepared to raise the amount of dogs allowed by right from two to three. He further stated the Board should not be having the fee reduction discussion in a vacuum, but look at the entire fee schedule for the Board of Zoning Appeals. He stated he would like to see how the special exception fee fits into the entire framework for the Board of Zoning Appeals fees. He further stated he believes the majority of the complaints about the number of dogs someone owns are neighbor against neighbor and not related to dogs. He stated the Board recently passed the noise ordinance which covers the barking dog issue. 10-27 01/13/10 Mr. Holland stated raising the number of dogs allowed to be owned by right from two to three is reasonable. Mr. Gecker stated the fee schedule used in the Planning Department fits into a certain percent cost recovery for the department. He further stated it is wrong for the fee structure to be used to dissuade citizens from any activity. Ms. Durfee stated it would be helpful to the Board to have more information on the fee structure. In response to Mr. Gecker's question, Mr. Micas stated the next agenda item is to request the Board to set a public hearing which would address the definition of a private kennel. He further stated advertising the next agenda item for public hearing will address the concerns expressed by the Board or it could be sent to the Planning Commission for further analysis. Discussion ensued regarding keeping the agenda item relating to changing the zoning category and the fee for keeping of dogs for private use or sending it to the Planning Commission for further analysis. On motion of Ms. Durfee, seconded by Mr. Holland, the Board denied the proposed adjustment to the special exception fee for private kennels. Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. 9.C.6.a. TO CONSIDER CHANGING THE ZONING CATEGORY AND FEE FOR THE KEEPING OF DOGS FOR PRIVATE USE In response to Mr. Warren's question, Mr. Gecker stated the way the ordinance is currently drafted it would take the keeping of dogs for private use away from the Board of Zoning Appeals. Mr. Turner stated the ordinance under review does not address fees for special exception public hearings, it only addresses fees for conditional use public hearings. He further stated if the Board desires to hold a public hearing and deny making these requests conditional uses and leave them as special exceptions, the fee would still need to be addressed. Mr. Gecker stated with the current proposed ordinance the Board could increase the number of dogs allowed by right to three and keep the process with the Board of Zoning Appeals if the Board chose to. He further stated the Board could not change the fee for the special exception request. He stated the Planning Department has been asked to review the fee structure and provide the Board with a reasonable cost for special exceptions. On motion of Mr. Holland, seconded by Ms. Durfee, the Board set February 10, 2010, for a public hearing for the Board to consider changing the zoning category and fee for keeping of dogs for private use. Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. J J J 10-28 01/13/10 Nays: None. C Mr. Warren stated the private kennel issue should stay with the Board of Zoning Appeals. Mr. Gecker requested staff to begin the process of reviewing the Board of Zoning Appeals fees. 17.B. TO CONSIDER AN ORDINANCE TO VACATE A TWENTY-FOOT ALLEY WITHIN BLOCK D, PLAN OF DUPONT SQUARE Mr. Stith stated this date and time had been advertised for the Board to consider an ordinance to vacate a 20-foot alley within Block D, Plan of Dupont Square. Mr. Gecker called for public comment. There being no one to address the request, the public hearing was closed. On motion of Mr. Warren, seconded by Ms. Durfee, the Board adopted the following ordinance: AN ORDINANCE whereby the COUNTY OF CHESTERFIELD, VIRGINIA, ("GRANTOR") vacates to R & H, INC., a Virginia corporation and AREC 10, LLC, a Delaware limited liability company, ("GRANTEE"), a 20' alley within Block D, Plan of Dupont Square, BERMUDA Magisterial District, Chesterfield County, Virginia, as shown on a plat thereof duly recorded in the Clerk's Office of the Circuit Court of Chesterfield County in Plat Book 4, at Page 170, and Plat Book 7, at Page 6. WHEREAS, R & H, Inc., a Virginia corporation, petitioned the Board of Supervisors of Chesterfield County, Virginia to vacate a 20' alley within Block D, Plan of Dupont Square BERMUDA Magisterial District, Chesterfield County, Virginia more particularly shown on a plat of record in the Clerk's Office of the Circuit Court of said County in Plat Book 4, Page 170 and Plat Book 7, Page 6, by J. TEMPLE WADDILL, INC., dated JULY 13, 1929, recorded JANUARY 4, 1930. The alley petitioned to be vacated is more fully described as follows: A 20' alley within Block D, Plan of Dupont Square, the location of which is more fully shown on a sketch attached hereto and made a part of this Ordinance. WHEREAS, notice has been given pursuant to Section 15.2- 2204 of the Code of Virginia, 1950, as amended, by advertising; and, WHEREAS, no public necessity exists for the continuance of the alley sought to be vacated. NOW THEREFORE, BE IT .ORDAINED BY THE BOARD OF SUPERVISORS. OF CHESTERFIELD COUNTY, VIRGINIA: That pursuant to Section 15.2-2272 of the Code of Virginia, 1950, as amended, the aforesaid alley be and is hereby vacated. 10-29 01/13/10 This Ordinance shall be in full force and effect in accordance with Section 15.2-2272 of the Code of Virginia, 1950, as amended, and a certified copy of this Ordinance, together with the plat attached hereto shall be recorded no sooner than thirty days hereafter in the Clerk's Office of the Circuit Court of Chesterfield County, Virginia pursuant to Section 15.2-2276 of the Code of Virginia, 1950, as amended. The effect of this Ordinance pursuant to Section 15.2- 2274 is to destroy the force and effect of the recording of the portion of the plat vacated. This Ordinance shall vest fee simple title to the centerline of the alley hereby vacated in the abutting property owners of Block D, Plan of Dupont Square free and clear of any rights of public use. Accordingly, this Ordinance shall be indexed in the names of the COUNTY OF CHESTERFIELD as GRANTOR, and R & H, INC., a Virginia corporation and AREC 10, LLC, a Delaware limited liability company, or their successors in title, as GRANTEE. Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. 17.C. TO CONSIDER AN ORDINANCE TO VACATE A FIFTY-FOOT UNIMPROVED COUNTY RIGHT OF WAY KNOWN AS FOX CHAPPEL ROAD AND TEMPORARY TURNAROUND EASEMENTS WITHIN WELLINGTON FARMS, SECTION E Mr. Stith stated this date and time had been advertised for the Board to consider an ordinance to vacate a 50-foot unimproved county right of way known as Fox Chappel Road and temporary turnaround easements within Wellington Farms, Section F. Mr. Gecker called for public comment. Mr. Will Shewmake, the applicant's representative, requested the Board defer this item until March 10, to allow more time to work with staff and the County Attorney. There being no one else to address the request, the public hearing was closed. On motion of Ms. Jaeckle, seconded by Mr. Warren, the Board deferred the public hearing to consider an ordinance to vacate a 50-foot unimproved county right of way known as Fox Chappel Road and temporary turnaround easements within Wellington Farms, Section E to March 10, 2010. Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. 17.D. TO CONSIDER AN ORDINANCE TO VACATE A PORTION OF MAP OF A TRACT OF LAND SITUATED IN BERMUDA DISTRICT, CHESTERFIELD COUNTY, VIRGINIA, AS DIVIDED INTO LOTS FOR B. A. GILL ON JULY 18, 1922 Mr. Stith stated this date and time had been advertised for the Board to consider an ordinance to vacate a portion of map J J J 10-30 01/13/10 of a tract of land situated in Bermuda District, Chesterfield County, Virginia, as divided into lots for B. A. Gill on July 18, 1922. ^i Mr. Gecker called for public comment. There being no one to address the request, the public hearing was closed. On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board adopted the following ordinance: AN ORDINANCE whereby the COUNTY OF CHESTERFIELD, VIRGINIA, ("GRANTOR") vacates to FARRISH PROPERTIES, LLC, a limited liability company, ("GRANTEE"), a portion of a Map of a Tract of Land situated in BERMUDA District Chesterfield County, Virginia, as divided into Lots for B.A. Gill on JULY 18, 1922, BERMUDA Magisterial District; Chesterfield County, Virginia, as shown on a plat thereof duly recorded in the Clerk's Office of the Circuit Court of Chesterfield County in Plat Book 2, at Page 110. u WHEREAS, FARRISH PROPERTIES, LLC, petitioned the Board of Supervisors of Chesterfield County, Virginia to vacate a portion of a Map of a Tract of Land situated in BERMUDA District Chesterfield County, Virginia, as divided into Lots for B.A. Gill on JULY 18, 1922, BERMUDA Magisterial District, Chesterfield County, Virginia more particularly shown on a plat of record in the Clerk' s Office of the Circuit Court of said County in Plat Book 2, Page 110, by W. W. LAPRADE & BROS. The portion of map petitioned to be vacated is more fully described as follows: A portion of a Map of a Tract of Land situated in BERMUDA District Chesterfield County, Virginia, as divided into Lots for B.A. Gill on JULY 18, 1922, the location of which is more fully shown on a plat made by KOONTZ-BRYANT, dated JANUARY 6, 2010, a copy of which is attached hereto and made a part of this Ordinance. u WHEREAS, notice has been given pursuant to Section 15.2- 2204 of the Code of Virginia, 1950, as amended, by advertising; and, WHEREAS, no public necessity exists for the continuance of the portion of map sought to be vacated. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF SUPERVISORS OF CHESTERFIELD COUNTY, VIRGINIA: That pursuant to Section 15.2-2272 of the Code of Virginia, 1950, as amended, the aforesaid portion of map be and is hereby vacated. This Ordinance shall be in full force and effect in accordance with Section 15.2-2272 of the Code of Virginia, 1950, as amended, and a certified copy of this Ordinance, together with the plat attached hereto shall be recorded no sooner than thirty days hereafter in the Clerk's Office of the Circuit Court of Chesterfield County, Virginia pursuant 10-31 01/13/10 to Section 15.2-2276 of the Code of Virginia, 1950, as amended. The effect of this Ordinance pursuant to Section 15.2- 2274 is to destroy the force and effect of the recording of the portion of the plat vacated. This Ordinance shall vest fee simple title to the portion of map hereby vacated in the property owner free and clear of any rights of public use. Accordingly, this Ordinance shall be indexed in the names of the COUNTY OF CHESTERFIELD as GRANTOR, and FARRISH PROPERTIES, LLC, a limited liability company, or their successors in title, as GRANTEE. Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. 18. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED MATTERS Ms. Wesley Hogan-Philipsen requested that the Board of Supervisors either create a voluntary tax, which could be appropriated for the school system, or raise the real estate tax rate to allow the. school system to have ample funding. Miss Chloe Hogan requested the Board of Supervisors not cut any programs from the school system. Ms. Judy Stoneman expressed appreciation to the Board members for the work they have done in 2009. She urged the Board to not increase the real estate tax rate to increase the funding for the school system. Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. 19. ADJOURNMENT On motion of Ms. Durfee, seconded by Mr. Warren, the Board adjourned at 7:29 p.m. to January 27, 2010 at 3:00 p.m. in the Public Meeting Room. J J J /,. i - ~- 'mes .L. Stegma'er ounty ministrator ~--~ C~ Daniel A. Gecker Chairman 10-32 01/13/10