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2010-01-27 MinutesBOARD OF SUPERVISORS MINUTES January 27, 2010 C ~J 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. Barry Condrey, Chief Information Officer Mr. Roy Covington, Dir., Utilities 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. Russell Harris, Mgr. of Community Development Services Mr. Thomas E. Jacobson, Dir., Revitalization Mr. Donald Kappel, Dir., Public Affairs Mr. Rob Key, Director, General Services Ms. Debbie Leidheiser, Senior Advocate, Human Services 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. Sarah Snead, Acting Deputy County Admin., Human Services 10-33 01/27/10 . ~, , Mr. M. D. Stith, Jr., Deputy County Admin., Community Development Mr. Michael Tompkins, Asst. Director, Planning Mr. Richard Troshak, Dir., Emergency Communications Center Mr. Mike Westfall, Asst. Director, Internal Audit Mr. Scott Zaremba, Dir., Of Human Resource Programs Mr. Gecker called the regularly scheduled meeting to order at 3:02 p.m. 1. APPROVAL OF MINUTES The January 13, 2010 minutes were not complete due to county holidays. 2. COUNTY ADMINISTRATOR'S COMMENTS 2.A. COUNTY ADMINISTRATOR'S REPORT 2.B. ACCREDITATION OF CHESTERFIELD COUNTY COMMUNITY SERVICES BOARD BY THE COMMISSION ON ACCREDITATION OF REHABILITATION FACILITIES (CARF) Mr. Stegmaier stated the Chesterfield County Community Services Board has been reaccredited for the fourth consecutive three-year period. He further stated the achievement is an indication of the organization's dedication and commitment to improve the quality of the lives of the persons served. Ms. Burcham expressed appreciation for the recognition and to the staff members who have put so much hard work into this reaccreditation. 2.C. 2010 CENSUS PRESENTATION Ms. Brenda Lee Steppe, the Virginia Partnership and Data Services Specialist for the United States Census Bureau made a presentation to inform the Board of the United States Census Bureau's Partnership Program. She stated the Census Bureau and Chesterfield County, through the County's 2010 Census Complete Count Committee, are working together to inform and encourage citizens to participate in the 2010 Census with a goal of surpassing the response rate of 2000. GENITO ROAD BRIDGE ACROSS SWIFT CREEK RESERVOIR Mr. Dale Totten, Residency Administrator, Chesterfield Residency, VDOT, provided an update on the safety of the Genito Road bridge structure over Swift Creek. He stated a follow-up inspection was done on the bridge on January 14, 2010, which identified there was an eminent need to reduce the posted carrying capacity from 12 tons to 3 tons. He J J J 10-34 01/27/10 u C further stated there is not a viable short-term solution to restore the bridge back to a 12-ton carrying capacity. He further stated the District Administrator at the Virginia Department of Transportation is working to secure funding for a full-scale replacement of the bridge, which would be replaced to a current day standard and be unrestricted from a carrying capacity standpoint. He stated the replacement design process would take between 30 to 36 months with construction taking between 12 to 18 months. He further stated there are some environmental and utility concerns that will have to be addressed during the project development process. He stated the replacement bridge will be funded by federal funds as this is a federally eligible route. He further stated a formal proposal of the process should be available to the Board by March 1. Ms. Durfee expressed appreciation to Mr. Totten for the preliminary information he presented to the Board regarding the Genito Road bridge over the Swift Creek Reservoir. In response to Ms. Durfee's questions, Mr. Totten stated the project will be funded by a composite of federal funds with state match. He further stated the bridge was not on any priority list for upgrading prior to the inspection. He stated more specifics about the funding sources will be available in the next few weeks. He further stated the project design development process will take up to three years to get to the advertisement stage and the construction phase could take 12 to 18 months. He stated the bridge office within VDOT has begun doing some environmental research to identify funds. He further stated the 3-ton carrying restriction would be in place for approximately three years and then closure of the roadway during construction. Ms. Durfee stated the county's dilemma at this point is the channeling of other vehicles onto Otterdale and Old Hundred Roads, which are riot made to handle that amount of traffic. Mr. Totten stated most of the larger scale vehicles which have been using the bridge should not have been using the bridge. He further stated the change in the carrying capacity should not affect passenger vehicles. county's concerns. Ms. Durfee stated with the limited road infrastructure, it is critical to get Otterdale and Woolridge Roads widened in order to handle the extra traffic. She expressed appreciation to Mr. Totten for his quick response to the Mr. Warren expressed appreciation to Mr. Totten for all the work he did on the Providence Road bridge. In response to Mr. Warren's questions, Mr. Totten stated Genito Road and the Woolridge Road bridges are very similar. He further stated the Woolridge Road bridge is years behind the Genito Road bridge in terms of degradation. He stated the Woolridge Road bridge has a 12-ton carrying capacity restriction which means certain fire trucks are unable to cross it. He further stated once a bridge gets to a certain point, the inspections are increased from every two years to every year. He stated the Woolridge Road bridge will develop similar issues as the Genito Road bridge in the near future. 10-35 01/27/10 He further stated steps are being taken to begin the process to make it a formalized project to be prepared for stimulus funds if they are available. In response to Ms. Durfee's questions, Mr. Totten stated VDOT is not an enforcement agency; therefore, the Police Department would need to enforce the carrying limit on the Genito Road bridge. He further stated VDOT will ensure all of the appropriate signage is in place to notify citizens of the 3-ton carrying capacity. He stated the superintendent at VDOT has the western portion of the county monitored on a regular basis. Ms. Durfee stated she has received calls from citizens in that area of the county that have seen trucks going across the Genito Road bridge. Mr. Totten stated the Genito Road bridge is safe up to 3 tons. Mr. Stegmaier stated he will work with Colonel Dupuis and prepare a report for the Board on the steps the county can take in terms of enforcement of the 3-ton carrying restriction. Mr. Gecker expressed appreciation to Mr. Totten and to VDOT for their responsiveness on the Genito Road bridge matter. 3. BOARD MEMBER REPORTS Mr. Warren stated a community meeting was held in the Clover Hill District on January 25, 2010. He expressed appreciation to Mr. Holland and Mr. Gulley for their involvement in the meeting in his absence. He stated 90 percent of the attendees were in favor of using a Chesterfield name for the 23235 and 23236 zip codes. Mr. Holland expressed appreciation to the citizens who participated in both the Clover Hill and Bermuda/Dale District community meetings. He stated many of the citizens wanted to have Chesterfield as an identifier for their address. 4. REQUESTS TO POSTPONE AGENDA ITEMS AND ADDITIONS, DELETIONS OR CHANGES IN THE ORDER OF PRESENTATION Ms. Blakley stated staff is requesting to add to the agenda Item 8.C.10, Adoption of Resolution in Support of the Designation of a Portion of the Appomattox River as a Scenic River. Mr. Gecker stated there have been some issues raised with regard to the resolution. Mr. Stegmaier stated this item was a late request which came forward due to a bill related to the designation being put in place in the General Assembly, and county staff has not had enough time to thoroughly analyze the request. He further stated there is going to be committee action in the General Assembly on the bill in the next couple of weeks. He stated there are a number of landowners in the county whose J J J 10-36 01/27/10 properties abut the river and have expressed concerns regarding this designation. He further stated the Board could defer this item for a couple weeks to allow staff to study it further. C r] Ms. Durfee stated with the lateness of receiving this information, the Board may need more time to review it. She further stated with the bill being put in the General Assembly, she does not want the county to get behind. She requested that Ms. Mary Ann Curtin keep Mr. Stegmaier informed on the bill's progress. She further requested more information on the designation request since surrounding localities are in support of it. Mr. Gecker stated the City of Hopewell has adopted a resolution in favor of the designation of a portion of the Appomattox River as a scenic river. He further stated there is a question that has come up with whether or not there are any substantive land use rights affected by the designation and what process changes this designation would create for zoning. He further stated the notices for the landowners were not sent out until January 26, which is not enough time to know if there is an interference with substantive rights of those landowners. He stated more work needs to be done and more information needs to be received from the County Attorney's office with regards to the potential impacts on landowners. In response to Mr. Gecker's question, Mr. Micas stated there are some ambiguities in the affect of the law and he was not prepared to say what the impact will be on adjacent property owners. Mr. Warren stated he has been informed the scenic river designation bill may be going into committee. He further stated the scenic river designation not only protects the riverfront, but is also good for tourism. He stated if the designation has any impact on business, it needs to be thoroughly evaluated prior to the Board taking a position. He further stated if this item does not go on the agenda, staff needs to continue to review it. Councilor Wayne Walton, City of Hopewell and a member of the Friends of the Lower Appomattox River, stated the Hopewell, Petersburg, Prince George and Colonial Heights have adopted similar resolutions in the last couple of weeks. He further stated the scenic river designation for the Lower Appomattox River came to fruition because of the 40th anniversary of the creation of the state's Scenic Rivers system. He provided the Board with some information regarding the process at the General Assembly for the scenic river designation bill. Ms. Jaeckle stated sending out a notice two days before the Board is to vote on an item is not the correct way to do business. She further stated all of the ramifications of the scenic river designation on landowners are unknown at this time. She expressed concerns relative to approving the designation unless the Board has heard from the 42 landowners in Chesterfield which will be affected. Councilor Walton stated the other four localities along the river have designated the Lower Appomattox River as a scenic river. 10-37 01/27/10 Mr. Gecker stated the Board is still deciding whether or not to put the item on the agenda. He further stated if the county does not send a negative signal regarding the item, the progress of the General Assembly bill should not be adversely impacted and would allow the county the time to research the item. On motion of Mr. Holland, seconded by Ms. Jaeckle, the Board adopted the agenda without any additions, deletions or changes in the order of presentation. Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. 5. RESOLUTIONS 5.A. RECOGNIZING FEBRUARY 7-13, 2010, AS "BURN AWARENESS WEEK" IN CHESTERFIELD COUNTY Deputy Chief Mark Sacra introduced Lt. Matt Coffin, Mrs. Joy Chapman and Ms. Anita Anderson, who were present to accept the resolution. On motion of Mr. Holland, seconded by Mr. warren, the Board adopted the following resolution: WHEREAS, 85 percent of all burn injuries occur in the home; and WHEREAS, children under five and adults over 65 years of age are considered high risk populations for burn injuries; and WHEREAS, severe burn injuries including those from hot liquids are a leading cause of death among young children; and WHEREAS, children playing with matches and lighters cause 25 percent of all residential fires; and WHEREAS, cooking is the leading cause of injury among people ages 65 and older; and WHEREAS, older adults with mobility challenges or disabilities are susceptible to scald burn injuries which can increase medical complications and result in longer recovery times; and WHEREAS, burns and burn-related injuries cause more than 4,000 deaths per year; and WHEREAS, 40,000 people are hospitalized each year for burn injuries; and WHEREAS, ongoing public education campaigns help encourage good prevention behaviors thus reducing the number of avoidable deaths and injuries from burns; and WHEREAS, the mission of Chesterfield Fire and EMS is to provide valued prevention education which reduces the amount of preventable burn injuries. J J J 10-38 01/27/10 NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 27th day of January 2010, publicly recognizes February 7-13, 2010, as "Burn Awareness Week" in Chesterfield County, and encourages citizens to take advantage of educational opportunities to avoid deaths and injuries resulting from burns. u ^i Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. Mr. Warren expressed appreciation to Mr. Coffin, Ms. Chapman and Ms. Anderson for their dedication to the safety to the citizens of Chesterfield County. Mr. Coffin expressed appreciation to Ms. Chapman and Ms. Anderson for their dedication to teaching the children of the county. 6. WORK SESSIONS 6.A. PROPOSED FY2011-FY2015 CAPITAL IMPROVEMENT PROGRAM Mr. Carmody reviewed the process of preparing the FY2011- FY2015 Capital Improvement Program, the budget outlook and the objectives, response to revenue outlook, and program highlights for the proposed CIP. He presented an overview of the proposed FY2011-FY2015 Capital Improvement Program and reviewed the composition of the proposed CIP and the CIP revenue and expenditure summaries. He stated the primary objectives of the CIP are to minimize immediate operating impacts, balance funding for new projects with renovation/maintenance, minimize increases in debt service expenses and bond referendum projects. He provided details of the impact of reduced funding levels on projects and project allocations designated for Libraries, Parks and Recreation, Public Safety, and Roads. He further provided highlights of county and school projects included in the CIP. He stated the Board is scheduled to hold a public hearing on the proposed FY2011-FY2015 Capital Improvement Program on March 24 and will adopt the program on April 14. In response to Ms. Jaeckle's question, Mr. Carmody stated there are a variety of projects, such as the Harrowgate Area Fire Station and Reams Gordon Area Library, that are in the design phase nearing the point where the Board would need to make a decision on whether or not to move forward. He further stated staff can provide the Board a more detailed list of projects that have been funded but have not been started as of yet. In response to Mr. Stegmaier's question, Mr. Carmody stated the Harrowgate Area Fire Station and Reams Gordon Area Library projects have been funded and the county is paying the debt service on them now. Mr. Stegmaier stated if the county wanted to generate debt service savings from not constructing those projects, staff would have to look at something creative. He further stated the county is not in a position where it would be financially beneficial to refund the debt at this point. 10-39 01/27/10 Ms. Jaeckle stated while revenue is declining, the Board needs to look at all options available to save money. Mr. Holland expressed concerns related to the debt service for new projects. He requested the county to review the financial policies to make sure they are still appropriate for use . Mr. Carmody stated the county periodically reevaluates the financial policies against the financial indicators such as Moody's and Standard and Poor medians for like-sized jurisdictions to make sure the policies are still appropriate. Ms. Durfee expressed appreciation to Mr. Carmody for the presentation. She stated reviewing the upcoming projects in the CIP is something the School Board Liaison Committee can handle. 7. DEFERRED ITEMS There were no Deferred Items at this time. 8. NEW BUSINESS 8.A. APPOINTMENTS 8.A.1. COMMUNITY SERVICES BOARD On motion of Ms. Durfee, seconded by Mr. Warren, the Boardl appointed Mr. Vincent Burgess to serve on the Community) Services Board, whose term is effective immediately and shall' expire on December 31, 2012. (It is noted Mr. Burgess was nominated by the Board at the January 13th meeting.) Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. 8.B. STREETLIGHT INSTALLATION COST APPROVALS On motion of Mr. Holland, seconded by Ms. Durfee, the Board approved the following streetlight installation: BERMUDA DISTRICT: • At the intersection of Indian Hill Street and Woodsedge Road. Additional cost to install streetlight: $1,838.33 DALE DISTRICT: • In the Trampling Farms subdivision: Ronson Road, vicinity of 5130/5140 on the existing pole Cost to install streetlight: .$427.78 Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. J J J 10-40 01/27/10 8.C. CONSENT ITEMS 8.C.1. ACCEPTANCE AND APPROPRIATION OF GRANTS 8.C.l.a. FROM THE UNITED STATES DEPARTMENT OF ENERGY, THROUGH THE ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANT PROGRAM ~sJ On motion of Ms. Durfee, seconded by Mr. Holland, the Board accepted and appropriated the award in the amount of $2,740,000 in grant funds from the U.S. Department of Energy, National Energy and Technology Laboratory, EECBG Program through the American Recovery and Reinvestment Act, and authorized the County Administrator to execute all documents. Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. 8.C.l.b. FROM THE VIRGINIA DEPARTMENT OF CRIMINAL JUSTICE SERVICES FOR THE FY2010 CRIMINAL HISTORY RECORDS IMPROVEMENT PROGRAM C On motion of Ms. Durfee, seconded by Mr. Holland, the Board accepted and appropriated the award from the Virginia Department of Criminal Justice, Criminal History Records Improvement Program Grant in the amount of $104,881 and authorized the County Administrator to execute all documents. Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. 8.C.2. STATE ROAD ACCEPTANCES On motion of Ms. Durfee, 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, 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. 10-41 01/27/10 Project: Belle Spring Townes 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 • Belle Pond Drive, State Route Number 7461 Old Route Number: 0 From: Belmont Rd., (Rt. 651) To: Cul-de-sac, a distance of: 0.11 miles. Recordation Reference: Pb. 187, Pg. 66 Right of Way width (feet) = 55 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: Rimlynn Type Change to the Secondary System of State Addition Reason for Change: New subdivision street Pursuant to Code of Virginia §33.1-229 Street Name and/or Route • Kimlynn Trail, State Route Number 7460 Old Route Number: 0 From: Beach Rd., (Rt 655) To: 0.41 miles south of Beach Rd., (Rt. 655), a distance of: 0.41 miles. Recordation Reference: Pb. 160, Pg. 6 Right of Way width (feet) = 50 • Kimlynn Trail, State Route Number 7460 Old Route Number: 0 From: Kimlynn T1., (Rt. 7460) To: Kimlynn T1., (Rt. 7460, a distance of: 0.24 miles. Recordation Reference: Pb. 160, Pg. 6 J J J 10-42 01/27/10 Right of Way width (feet) = 50 u And, further, the Board adopted the following resolution: WHEREAS, the street described below is shown on plats recorded in the Clerk's Office of the Circuit Court of Chesterfield County; and WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised this Board the street meets the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation. NOW, THEREFORE, BE IT RESOLVED, that this Board requests the Virginia Department of Transportation to add the street described below to the secondary system of state highways, pursuant to Section 33.1-229, Code of Virginia, and the Department's Subdivision_Street Requirements. 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 FOURTHER RESOLVED, this Board hereby warrants the subject street to be free of faulty workmanship and materials and agrees to reimburse the Virginia Department of Transportation for any cost it incurs in the repair of faults corrected during the period of one year from this date, provided such faults are due to faulty workmanship or a failure of materials, paying such sum within 45-days of receiving an invoice for the same from said Department. 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: Ceater Pointe Parkway Extended Type Chaage to the Secondary System of State Addition Reason for Chaage: New subdivisioa street Pursuant to Code of Virginia X33.1-229 Street Name and/or Route • Ceater Pointe Parkway, State Route Number 6040 Old Route Number: 0 From: 0.28 miles west of Charter Colony Py., (Rt. 754) To: EOM, a distance of: 0.52 miles. Recordation Reference: Db. 6738, Pg. 481 & 485 Right of Way width (feet) = var And, further, the Board adopted the following resolution: WHEREAS, the streets described below are shown on plats recorded in the Clerk's Office of the Circuit Court of Chesterfield County; and WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised this Board the streets meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation. 10-43 01/27/10 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: Kings Farm Section 6 Type Change to the Secondary System of State Addition Reason for Change: New subdivision street Pursuant to Code of Virginia §33.1-229 Street Name and/or Route • Ashton Cove Drive, State Route Number 7456 Old Route Number: 0 From: Riverdowns South Dr., (Rt. 5744) To: Ashton Cove Ct., (Rt. 7457), a distance of: 0.06 miles. Recordation Reference: Pb. 174, Pg. 24 Right of Way width (feet) = 40 • Ashton Cove Court, State Route Number 7457 Old Route Number: 0 From: Ashton Cove Dr., (Rt. 7456) To: Cul-de-sac, a distance of: 0.05 miles. Recordation Reference: Pb. 174, Pg. 24 Right of Way width (feet) = 40 • Ashton Cove Drive, State Route Number 7456 Old Route Number: 0 From: Ashton Cove Ct., (Rt. 7457) To: Cul-de-sac, a distance of: 0.06 miles. Recordation Reference: Pb. 174, Pg. 24 Right of Way width (feet) = 40 • Knights Run Drive, State Route Number 7458 Old Route Number: 0 From: Riverdowns South Dr., (Rt. 5744) To: Knights Run Ct., (Rt. 7459), a distance of Recordation Reference: Pb. 174, Pg. 24 Right of way width (feet) = 40 • Knights Run Court, State Route Number 7459 Old Route Number: 0 From: Knights Run Dr., (Rt. 7458) To: Cul-de-sac, a distance of: 0.04 miles. Recordation Reference: Pb. 174, Pg. 24 Right of Way width (feet) = 40 • Knights Run Drive, State Route Number 7458 Old Route Number: 0 From: Knights Run Ct., (Rt. 7459) To: Cul-de-sac, a distance of: 0.14 miles. 0.04 miles. J J J 10-44 01/27/10 Recordation Reference: Pb. 174, Pg. 24 Right of Way width (feet) = 40 u ^+Ir And, further, the Board adopted the following resolution: WHEREAS, the street described below is shown on plats recorded in the Clerk's Office of the Circuit Court of Chesterfield County; and WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised this Board the street meets the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation. NOW, THEREFORE, BE IT RESOLVED, that this Board requests the Virginia Department of Transportation to add the street described below to the secondary system of state highways, pursuant to Section 33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements. 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: Redeemer West Lutheran Church 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 • Rosehall Terrace, State Route Number 7455 Old Route Number: 0 From: Old Hundred Rd., (Rt. 652) To: Cul-de-sac, a distance of: 0.06 miles. Recordation Reference: Db. 8558, Pg. 50 Right of Way width (feet) = 58 Addition Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. 8.C.3. APPROVAL TO RENAME HACKBERRY ROAD IN BERMUDA GARDENS, SECTION B TO SOUTH HACKBERRY ROAD On motion of Ms. Durfee, seconded by Mr. Holland, the Board approved the renaming of~ Hackberry Road in Bermuda Gardens, Section B, to South Hackberry Road which was recorded on January 3, 1977 in Plat Book 27, Page 98, Tax IDs for the affected parcels are 822647902600000, 822647863300000, 822647823900000, 823647024200000, 8236470363500000. Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. 10-45 01/27/10 8.C.4. TRANSFER OF FUNDS FROM THE HOME INVESTMENT PARTNERSHIPS CONTINGENCY TO HOUSING OPPORTUNITIES MADE EQUAL DOWNPAYMENT ASSISTANCE PROGRAM On motion of Ms. Durfee, seconded by Mr. Holland, the Board approved the transfer of $53,300 from HOME Contingency to the H.O.M.E. Down Payment Assistance Program. Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. 8.C.5. ACCEPTANCE OF PARCELS OF LAND ALONG HICKORY ROAD FROM SHILOH BAPTIST CHURCH On motion of Ms. Durfee, seconded by Mr. Holland, the Board accepted the conveyance of two parcels of land containing a total of 0.120 acres along Hickory Road from Shiloh Baptist Church 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: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. 8.C.6. REQUEST TO QUITCLAIM A VARIABLE WIDTH WATER, SEWER AND DRAINAGE EASEMENT AND A VARIABLE WIDTH DRAINAGE EASEMENT ACROSS THE PROPERTY OF RIVERMONT DEVELOPMENT COMPANY, LLC 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 water, sewer and drainage easement and a variable width drainage easement across the property of Rivermont Development Co., LLC. (It is noted copies of the plats are filed with the papers of this Board.) Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. 8.C.7. ADOPTION OF RESOLUTION RECOGNIZING CHESTERFIELD COUNTY AS A 2010 CENSUS PARTNER On motion of Ms. Durfee, seconded by Mr. Holland, the Board adopted the following resolution: WHEREAS, an accurate census count is vital to our community and residents' well-being by helping planners determine where to locate schools, day-care centers, roads and public transportation, hospitals and other facilities, and is used to make decisions concerning business growth and housing needs; and WHEREAS, more than $300 billion per year in federal and state funding is allocated to states and communities based on census data; and J J J 10-46 01/27/10 WHEREAS, census data ensures fair Congressional representation by determining how many seats each state will have in the U.S. House of Representatives as well as the redistricting of state legislatures, county boards and city councils, and voting districts; and ^! ^+M WHEREAS, the 2010 Census creates jobs that stimulate economic growth and increases employment opportunities in our community; and WHEREAS, the information collected by the census is protected by law and remains confidential for 72 years. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Chesterfield County is committed to partnering with the U.S. Census Bureau to help ensure a full and accurate count in 2010 and has created a Chesterfield County Complete Census Count Committee to actively advocate on behalf of the 2010 Census and collaborate with other like- minded groups in our community and region. AND, BE IT FURTHER RESOLVED that, as a 2010 Census partner, Chesterfield County will 1) support the goals and ideals for the 2010 Census, disseminate 2010 Census information to county residents, and encourage them to participate by completing the Census survey and returning it prior to April 1; 2) encourage residents to place an emphasis on the 2010 Census and to participate in events and initiatives that will raise overall awareness of the 2010 Census and ensure a full and accurate census; and 3) support census takers as they help our community complete an accurate count. Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. 8.C.8. TRANSFER OF DISTRICT IMPROVEMENT FUNDS FROM THE CLOVER HILL DISTRICT TO THE SCHOOL BOARD TO PURCHASE THREE "COMPUTERS ON WHEELS" FOR PROVIDENCE ELEMENTARY SCHOOL On motion of Ms. Durfee, seconded by Mr. Holland, the Board transferred $6,150 in Clover Hill District Improvement Funds to the Chesterfield County School Board to purchase three "Computers on Wheels" for Providence Elementary School. Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. 8.C.9. SET PUBLIC HEARING TO CONSIDER AMENDMENTS TO THE COUNTY CODE RELATING TO THE "GOOD CHARACTER" STANDARD FOR CERTAIN BUSINESS PERMITS ^+~ On motion of Ms. Durfee, seconded by Mr. Holland, the Board set a public hearing for February 24, 2010, for the Board to consider amending Sections 15-96, 15-121, 15-122.2, 15-133, 15-162 and 15-246, of the County Code relating to the "good character" standard for certain business permits. Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. 10-47 01/27/10 9. REPORTS 9.A. REPORT ON STATUS OF GENERAL FUND BALANCE, RESERVE FOR FUTURE CAPITAL PROJECTS, DISTRICT IMPROVEMENT FUNDS AND LEASE PURCHASES 9.B. REPORT ON ROADS ACCEPTED INTO THE STATE SECONDARY SYSTEM On motion of Ms. Durfee, seconded by Ms. Jaeckle, the Board accepted the following report: A Report on Status of General Fund Balance, Reserve for Future Capital Projects, District Improvement Funds and Lease Purchases. And, further, the following roads were accepted into the State Secondary System: T 1lTl T T T (1TT LENGTH AUTUMN GROVE (Effective 12/14/2009) Autumn Point Drive (Route 7434) - From Koufax Drive (Route 3951) to cul-de-sac 0.13 Mi. Autumn Point Drive (Route 7434) - From Koufax Drive (Route 3951) to cul-de-sac 0.13 Mi. Koufax Drive (Route 3951) - From 0.03 miles southwest of Koufax Court (Route 3957) to Autumn Point Drive (Route 7434) 0.03 Mi. T 1"11" ~ T T Tl1TT CYPRESS WOODS 3 Green Spire Circle (Route 7428) - From Green Spire Drive (Route 7243) to cul-de-sac Green Spire Court (Route 7429) - From Green Spire Drive (Route 7243) to cul-de-sac Naylor Blue Drive (Route 7233) - From 0.01 miles south of Cypress Vine Drive (Route 7231) to Silverdust Lane (Route 7241) ADDITION HOLLY TRAIL 0.03 Mi. 0.18 Mi. 0.21 Mi. Hillside Road (Route 7266) - From Osbourne Road (Route 616) to cul-de-sac 0.15 Mi. Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. J J J 10-48 01/27/10 10. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED MATTERS u There were no speakers at this time. 11. DINNER On motion of Mr. Holland, seconded by Ms. Durfee, the Board recessed to the Lane B. Ramsey Administration Building, Room 502, for dinner. Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. Reconvening: 12. INVOCATION Reverend Dr. Margaret Kutz, Chester United Methodist Church gave the invocation. 13. PLEDGE OF ALLEGIANCE TO THE-FLAG OF THE UNITED STATES OF AMERICA Eagle Scout Edward "Alex" Horansky led the Pledge of Allegiance to the Flag of the United States of America. 14. RESOLUTIONS 14.A. RECOGNIZING MR. EDWARD ALEXANDER HORANSKY UPON ATTAINING THE RANK OF EAGLE SCOUT Mr. Kappel introduced Mr. Edward Alexander Horansky, who was present along with members of his family to receive his resolution. On motion of Mr. Holland, seconded by Ms. Durfee, the Board adopted the following resolution: WHEREAS, the Boy Scouts of America was incorporated by Mr. William D. Boyce on February 8, 1910, and was chartered by Congress in 1916; and WHEREAS, the Boy Scouts of America was founded to build character, provide citizenship training and promote physical fitness; and WHEREAS, after earning at least twenty-one merit badges in a wide variety of skills including leadership, service and outdoor life, serving in a leadership position in a troop, carrying out a service project beneficial to their community, being active in the troop, demonstrating Scout spirit, and living up to the Scout Oath and Law WHEREAS, Mr. Edward Alexander Horansky, Troop 876, sponsored by Mount Pisgah United Methodist Church, has accomplished those high standards of commitment and has reached the long-sought goal of Eagle Scout which is received 10-49 01/27/10 by only four percent of those individuals entering the Scouting movement; and WHEREAS, growing through their experiences in Scouting, learning the lessons of responsible citizenship, and endeavoring to prepare himself for roles as leaders in society, Edward has distinguished himself as a member of a new generation of prepared young citizens of whom we can all be very proud. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 27th day of January 2010, publicly recognizes Mr. Edward Alexander Horansky, extends congratulations on his attainment of Eagle Scout, and acknowledges the good fortune of the county to have such an outstanding young man as one of its citizens. Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. Mr. Gecker presented the executed resolution and patch to Mr. Horansky, congratulated him on his achievements and wished him well in future endeavors. Mr. Horansky provided details of his Eagle Scout project and expressed appreciation for his parents' support. 14.B. RECOGNIZING THE 2009 AMERICAN LEGION POST 137 BASEBALL TEAM ON ITS OUTSTANDING REPRESENTATION OF CHESTERFIELD COUNTY Mr. Golden introduced members Post 137 baseball team, who resolution. of the 2009 American Legion were present to receive the On motion of Ms. Durfee, seconded by Mr. Holland, the Board adopted the following resolution: WHEREAS, the American Legion Post 137 has accumulated a rich history of 80-plus years and has been a leading advocate of youth sports; and WHEREAS, after completing the 2008 season in which Post 137 received the Third Best Team Nationally award among 5,200-plus American Legion teams; and WHEREAS, the 2009 Post 137 squad composed of young men from Cosby, Clover Hill and Manchester High Schools, entered the season with a host of talent, determination and a never- quit competitive spirit; and WHEREAS, under the guidance and direction of Manager Ken Stargardt, Head Coach Byron Ballard and Assistants Johnny Grubb, Doug Toombs, Chuck Staton and Danny Hunter, the 2009 American Legion Post 137 accumulated a season record of 35 wins and seven losses; and WHEREAS, they were crowned Champions in the Regular Season of the District 11 Conference, Champions of the District 11 Tournament, were the Virginia State American Legion Tournament Champions and were Quarter Finalists in the Middle Atlantic Regional Tournament; and J J J 10-50 01/27/10 L;J ^~ WHEREAS, team members include: Alex Mait, Blake Hauser, Ben Sisk, Danny Mooney, Ryan Morrison, Dustin Sollars, Hunter Ackerman, Tim Perry, Greg. Moon, Ben Florence, Augie Ayers, Chris Ayers, Allen McFarland, Joey Cujas, Bradley Shaban, Michael Pegram, Tyler Piper and Ronnie Shaban; and WHEREAS, throughout the season both on and off the field as they traveled and were exposed to unfamiliar surroundings, the young men demonstrated the highest quality of character, competitive spirit and sportsmanship; and WHEREAS, each member of the team presented themselves as young representatives and examples of outstanding citizens of Chesterfield County. NOW, THEREFORE BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 27th day of January 2010, publicly recognizes the 2009 American Legion Post 137 Baseball Team for its outstanding representation of Chesterfield County. AND, BE IT FURTHER RESOLVED that the Board of Supervisors, on behalf of the citizens of Chesterfield County, hereby commends the 2009 American Legion Post 137 Baseball Team for its commitment to excellence and sportsmanship, and expresses best wishes for continued success. Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. Mr. Warren presented the executed resolution and congratulated the team on their achievement. Mr. Ken Stargardt expressed appreciation to the Board for the recognition. 14.C. RECOGNIZING THE 2009 THOMAS DALE KNIGHTS FOOTBALL TEAM ON ITS OUTSTANDING REPRESENTATION OF CHESTERFIELD COUNTY Mr. Golden introduced members the 2009 Thomas Dale Knights football team, who were present to receive the resolution. On motion of Mr. Holland, seconded by Mr. Warren, the Board adopted the following resolution: WHEREAS, participation in high school sports has long been an integral part of Chesterfield County's educational, physical and emotional development for students; and ® WHEREAS, Mr. Vic Williams, coach of the Thomas Dale High School Varsity Football Team completed his 23rd year as coach with an overall record of 191 wins and 72 losses; and WHEREAS, under the guidance and direction of Coach Williams and his staff, the 2009 Thomas Dale Knights finished the regular season with a 12-2 record; and WHEREAS, the Thomas Dale Knights won the Central District Championship, the Central Region Division 6 10-51 01/27/10 Championship and were champions in the AAA Division 6 State Championships; and WHEREAS, the Thomas Dale Knights football teams have had outstanding success under Coach Williams' tenure, winning seven Regional Championships, 12 District Championships and have been a three time visitor to the finals of the Virginia Division 6 AAA State Championships; and WHEREAS, the citizens of Chesterfield County enjoy and support high school football. NOW, THEREFORE BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 27th day of January 2010, publicly recognizes the Thomas Dale High School Varsity Football Team for its outstanding representation of Chesterfield County. AND, BE IT FURTHER RESOLVED that the Board of Supervisors, on behalf of the citizens of Chesterfield County, hereby commends the 2009 Thomas Dale Knights Varsity Football Team for its commitment to excellence and sportsmanship, and expresses best wishes for continued success. Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. Ms. Jaeckle presented the executed resolution and congratulated the team on their achievement. Coach Vic Williams expressed appreciation to the Board for the recognition. He stated the members of the football team worked hard to win the championship. 15. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED MATTERS Dr. Dana Bost, President of the Chesterfield Alumnae Chapter, Delta Sigma Theta Sorority, Inc. commended the Board for their efforts to educate the citizens of Chesterfield County in regards to Census 2010. Ms. Stella Edwards, President of the County Council of PTAs/PTSAs, stated the community is willing to pay for the services it needs and urged the Board to increase the real estate tax rate to assist with funding the school system.. Mr. Freddy Boisseau expressed concerns relating to the taxpayers' money being spent wisely. He requested the budget be provided to the citizens in a spreadsheet format so it would be easier to understand. Ms. Judy Dorazio, a 22-year teacher, suggested the Board increase the real estate tax rate in order to fund the school system adequately. Mr. Richard Peterson stated if the core services, such as police, fire and education, are not funded the community will suffer. He suggested the Board increase the real estate tax rate in order to fund the school system's budget. J J J 10-52 01/27/10 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 Triri x~cvruKENDATZVN AND/VR THERE I5 PUBLIC OPPOSITION WILL BE HEARD AT SECTION 18 u u lOSN0110 In Bermuda Magisterial District, BOBBY W. POWERS requests renewal of manufactured home permit 04SN0254 to permit a temporary manufactured home in a Residential (R-7) District on .35 acre known as 2621 Velda Road. The density of such amendment is approximately 2.9 units per acre. The Comprehensive Plan suggests the property is appropriate for community commercial use. Tax ID 794-666-5947. Mr. Tompkins stated Ms. Jaeckle is requesting deferral of Case lOSN0110 to July 28, 2010. He further stated the applicant is aware of the request for deferral. Mr. Gecker called for public comment. There being no one to address the deferral request, the public hearing was closed. On motion of Ms. Jaeckle, seconded by Mr. Warren, the Board deferred Case lOSN0110 until July 28, 2010. Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. ~ ne*Tn~ ~e In Matoaca Magisterial District, CARL AND MELISSA KEENE request Conditional Use and amendment of zoning district map to permit a dwelling separated from the principal dwelling in a Residential (R-7) District on 0.6 acre known as 6103 River Road. Density will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for residential use of 1.5 units per acre or less. Tax ID 781-609-4017. Mr. Tompkins stated Ms. Durfee is requesting deferral of Case lOSN0129 to February 24, 2010. Mr. Keene stated he had no objection to the deferral request by Ms. Durfee. Mr. Gecker called for public comment. There being no one to address to the deferral request, the public hearing was closed. On motion of Ms. Durfee, seconded by Mr. Holland, the Board deferred Case lOSN0129 until February 24, 2010. Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. 10-53 01/27/10 lOSN0135 In Bermuda Magisterial .District, FORREST MELTON requests Conditional Use and amendment of zoning district map to permit a residential stock farm in a Residential (R-7) District on 10 acres lying 210 feet off the north line of Kingsland Road, 1110 feet west of Dorsey Road. Density will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for residential use of 2.51-4 units per acre. Tax IDs 788- 673-4461 and 7166. Mr. Tompkins presented a summary of Case lOSN0135 and stated staff and the Planning Commission recommended approval subject to the conditions. Mr. Forrest Melton stated he was in agreement with the conditions. 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. Warren, the Board approved Case lOSN0135 subject to the following conditions: 1. Any stock farm use shall be limited to the keeping of no more than four (4 ) horses . ( P) 2. All facilities and areas associated with the keeping of horses shall be cleaned and made free of waste on a regular basis. Methods shall be employed to eliminate any odor problems and the propagation of insects. (P) 3. Except for pasture areas, any facilities and areas associated with the keeping of horses shall be located a minimum of fifty (50) feet from adjacent properties and public rights of way. (NOTE: In addition to these setbacks, accessory structures such as stables and storage sheds must conform to the setback requirements of the Zoning Ordinance for accessory structures in the underlying zoning district.) (P) 4. Any enlargement to the existing pasture will not encroach into the Resource Protection Area (RPA) as shown on the County's Geographical Information System (GIS) (EE) Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. lOSN0144 In Matoaca Magisterial District, HOLIDAY SIGNS C/O ALLEN M. TWEDT requests amendment to Conditional Use Planned Development (Case 87SN0134) and amendment of zoning district map relative to signage in a Community Business (C-3) J J J 10-54 01/27/10 District on 10.6 acres located in the northeast corner of Brad McNeer Parkway and Hull Street Road and the north line of Craig Rath Boulevard, across from Sapphire Drive. Density will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for regional mixed use. Tax IDs 732-676-8872 and 733-675-0245. C ^! Ms. Peterson presented a summary of Case lOSN0144 and stated the Planning Commission recommended approval and acceptance of the proffered conditions. She further stated staff recommends denial of the request due to setting a precedent and the current sign standards provide adequate identification. Mr. Allen Twedt, the applicant's representative, stated the applicant is requesting the third sign to assist the developer with advertising the office park located at the back of the development. He further stated the sign will replace an existing sign, but will be slightly larger, and will match the other two project identification signs on the development. Mr. Paul Grasewicz, representing Surrywood Subdivision, stated the county has sign regulations, which have been well prepared over the years. He further stated granting exceptions to the sign ordinance is unfair to the businesses which abide by the rules. He urged the Board to deny the request. Mr. Bob Olsen spoke in opposition to the request stating the project has appropriate signage for the property. Mr. Bob Schrum, Chairman of the Government Relations Committee for the Chesterfield Chamber of Commerce, encouraged the Board to approve the request. Ms. Andrea Epps spoke in support of the request, stating approving the request would allow the businesses located at the back of the property visibility to vehicles traveling on Hull Street Road. Ms. Arlene Reinhardt stated if this request is approved, the Board will see more requests in the future. She urged the Board to deny the request for the additional sign. Mr. Twedt stated the second sign on the property was approved with the express purpose to advertise the residential community. He further stated the third sign will advertise the office park . Ms. Durfee expressed appreciation to the speakers who came forward to bring some good points to the Board's attention. She stated there has been a lot of discussion over the last year about signs. She further stated she drove the Hull Street Road corridor and observed the placement of the three signs on the property. She stated the third sign on the property is approximately 360 feet away from the second sign. She further stated from a visionary standpoint the third sign. is smaller. She stated no more businesses will be located in the Village of Swift Creek, which means no more signs will be needed on the property. She further stated the sign requested by the applicant will replace the current sign for 10-55 01/27/10 some of the tenants but will be larger additional tenants' information. She work to do on the sign policy but it for some flexibility for businesses. topography and setback for the request than most properties, which is not up She stated it is easier for businesses on the main road. to allow placement of stated the county has is important to allow She further stated the property is different close to the highway. when a sign is located Ms. Durfee then made a motion, seconded by Ms. Jaeckle, for the Board to approve Case lOSN0144, subject to conditions. She stated with the third sign, the signs for the development will be able to accommodate all of the tenants within the development and allow for signage for the office uses to the rear. Mr. Warren stated one of his concerns about the request was whether all of the tenants in the development would be listed on the signs. Ms. Durfee stated she drove through the development to make sure every business would be accounted for on the three signs. In response to Mr. Warren's questions, Ms. Peterson stated the use of "approximate" in the condition was due to the footprint of the proposed sign being slightly larger than the current sign. She further stated the applicant's intent is to place the requested sign where the current sign stands. She stated Commonwealth Center is a neighboring property which is permitted to have two freestanding signs, one to advertise the tenants of the commercial section and one to identify project names of the residential and office components. In response to Mr. Warren's questions, Mr. Greg Allen stated Commonwealth Center only has one sign and has major tenants which are huge draws to the shopping center. He further stated there is no comparison between Commonwealth Center and the Village of Swift Creek due to the large visibility Commonwealth Center has along Route 288. He stated the sign for Commonwealth Center is a little over 120 square feet and stands 24 feet tall. He further stated there are very clear distinctions between the way the Village of Swift Creek is situated and operates versus Commonwealth Center. He stated he would not see approving the sign at the Village of Swift Creek as a precedent due to the unique situation of the development. He further stated Commonwealth Center has approximately 33 tenants. He stated the county's sign policy is doing a good job keeping down the proliferation of signs throughout the county. Ms. Durfee stated it is not possible for another business to be placed in the development which would require an additional sign. She further stated approving this sign request would not set a precedent. She stated the county needs to do a thorough review of the sign policy. Mr. Warren stated the imposed conditions are uniform. He further stated the requested sign will be similar to the two signs currently on the property. J J J 10-56 01/27/10 In response to Mr. Warren's questions, Ms. Durfee stated the differences in the two sides of Hull Street Road are due to the lack of development standards when one side was developed. She further stated she would not be supporting this request if she felt a floods of request for signs would be submitted to the county. She stated she would not approve any additional signs beyond the replacement of the third sign to be approved. Mr. Holland stated he had some concerns about this request until he visited the site and observed the signage and topography of the area. He further stated he would not be approving the request if it was not a replacement sign being placed on the property. Mr. Gecker called for a vote on the motion of Ms. Durfee, seconded by Ms. Jaeckle, for the Board to approve Case lOSN0144, subject to the following conditions: 1. One (1) freestanding sign identifying the tenants on Tax ID 732-676-8872 and 733-675-0245 (Swift Creek Office Park) shall be permitted on Tax ID 732-676-8872. Such sign shall not exceed one hundred (100) square feet in area or twenty (20) feet in height. This sign shall be in lieu of a freestanding sign identifying uses on Tax ID 732- 676-8872 that would otherwise be permitted by the Zoning Ordinance, but shall not affect other signage permitted by such Ordinance. (P) U 2. The final sign design shall be substantially consistent with the elevation dated July 15, 2009, prepared by Holiday Signs, and labeled as "Proposed", as included in the "Request Analysis" for Case lOSN0144. (P) 3. A minimum of fifty (50) percent of the sign area shall be reserved for the purpose of identifying the tenants of the Swift Creek Office Park. (P) 4. This sign shall be installed in the approximate location of the existing freestanding sign which it replaces. (P) u Ayes: Gecker, Holland, Jaeckle, and Durfee. Nays: Warren. 17. PUBLIC HEARINGS 17.A. TO CONSIDER AMENDMENTS TO THE COUNTY CODE RELATING TO SIGNS FOR COMMUNITY EVENTS, DIRECTIONAL SIGNS FOR NEW RESIDENTIAL COMMUNITIES AND CALCULATIONS FOR SIGN COPY AREA Mr. Greg Allen stated this date and time had been advertised for the Board to consider amendments to the County Code relating to signs for community events, directional signs for new residential communities and calculations for sign copy area. Mr. Bob Olsen, a Midlothian District Citizen, stated he supported the community event portion of the ordinance, but 10-57 01/27/10 the language needs to be more specific as to what constitutes a non-commercial use. He further stated he was opposed to the directional real estate signage. He inquired what is proposed to be the penalty for violators. He stated the language for the sign height portion of the ordinance needs to be reviewed. Mr. Bob Schrum, Chairman of the Government Relations Committee for the Chesterfield Chamber of Commerce, spoke in support of the proposed sign ordinance. He stated if the residential side of the county suffers, the commercial side suffers. Mr. Gecker closed the public hearing. Ms. Jaeckle stated there are separate parts of the ordinance which the Board will be reviewing. Mr. Holland made a motion, seconded by Mr. Warren, for the Board to adopt the ordinances pertaining to signs for community events and calculating the sign copy for signage and deny the portion relative to directional signs for new residential communities. In response to Mr. Gecker's question, Mr. Micas stated the Board can adopt an amended version of the ordinance which would delete the section dealing with directional signs for new residential communities. Mr. Holland stated the motion was to approve signs for community events and calculating sign copy area as recommended by the Planning Commission and to deny directional signs for new residential communities. Ms. Jaeckle stated she wants to approve the portion for signs for community events to help citizens who plan these types of events. She further stated she agrees with the Planning Department's recommendation on the directional signs for new residential communities because it is important to support all businesses in the county. She stated she does not understand why the Board would not support those who have decided to build homes in the community. She further stated the amendment would place a standard on the signs used for the new residential communities which would be better than the proliferation of the little paper signs. She stated the signs for the new residential communities are helpful for citizens looking to buy a new house. Mr. Holland stated he has received a number of complaints from Dale residents regarding the proliferation of signs along Ironbridge Road. In response to Ms. Jaeckle's question, Mr. Holland stated he was referring to the intersection of Ironbridge and Kingsdale Roads. In response to Mr. Gecker's questions, Mr. Allen stated in the ordinance the signs for the new residential communities are required to be well designed and architecturally compatible with the community. He further stated the signs are supposed to be built to last up to two years while the subdivision is developing. He stated the signs would most likely be well constructed wood signs. J J J 10-58 01/27/10 Ms. Durfee stated the sign issue seems to be a complex ongoing issue in the county. She further stated the Board needs to consider a countywide committee which utilizes planners and citizens to study the different sign issues and devise policies which are applicable and lays out what is appropriate in certain corridors. ^1t u C In response to Mr. Gecker's question, Ms. Durfee stated she is fine with considering this ordinance tonight. She further stated she is recommending the Board consider a committee to study the issues regarding signs. In response to Mr. Gecker's question, Mr. Stith stated the county did a major rewrite of the sign ordinance in 2004. Mr. Gecker stated it may be time to do another rewrite of the sign ordinance. Ms. Durfee stated if a committee was formed to review the sign ordinance, they could partner with the consultant for the Comprehensive Plan and possibly receive some recommendations for how to move forward. Ms. Jaeckle stated there are more issues with the sign ordinance which need to be reviewed, but the three issues being considered by the proposed ordinances will not interfere with the process. She further stated the Board needs to move forward on them. Ms. Jaeckle made a substitute motion for the Board to adopt all three portions of the proposed ordinance. The substitute motion of Ms. Jaeckle failed for lack of a second. Mr. Gecker called for a vote on the motion of Mr. Holland, seconded by Mr. Warren, for the Board to adopt the following ordinance: AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING AND RE-ENACTING SECTIONS 19-632 AND 19-637 RELATING TO SIGNS FOR COMMUNITY EVENTS AND CAMPAIGN SIGNS BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Sections 19-632 and 19-637 of the Code of the County of Chesterfield, 1997, as amended, are amended and re- enacted to read as follows: Sec. 19-632. Definitions. 0 0 0 Community Event: A gathering by citizens of the community for. social, cultural, or recreational purposes relating to parades, festivals, commemorative events, school sponsored events and other similar noncommercial events. 0 0 0 10-59 01/27/10 Event sign: A temporary sign used to advertise a community event. 0 0 0 Sec. 19-637. Limitation on specific signs. 0 0 0 (s) Temporary campaign signs are permitted provided that they do not exceed 32 square feet in area and ten feet in height; not exceed seven feet in height in village districts; not be placed on utility poles, traffic control signs or trees or within public rights-of-way; and are removed 30 days after the election. Candidates shall list all site locations for temporary campaign signs through one (1) permit. 0 0 0 (x) Event signs are permitted provided that they do not exceed thirty-two (32) square feet in area and eight feet in height; are not placed on utility poles, traffic control signs or trees or within public rights-of-way; are displayed for a maximum of fifteen (15) days before the advertised event, and are removed, including the sign structure, within 48 hours of the conclusion of the community event. Under no circumstances shall an event sign be displayed more than twenty-five (25) days. A maximum of ten (10) signs may be displayed per community event; however, only one (1) sign may be displayed per parcel. All site locations for event signs shall be listed on one (1) permit. An organization may receive no more than four (4) event sign permits per year. (2) That this ordinance shall become effective immediately upon adoption. And, further, the Board adopted the following ordinance: AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING AND RE-ENACTING SECTIONS 19-632, 19-646 AND 19-647 RELATING TO DEFINITIONS FOR SIGN STRUCTURE AND COPY AND THE CALCULATION OF SIGN AREA AND HEIGHT FOR FREESTANDING SIGNS BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Sections 19-632, 19-646 and 19-647 of the Code of the County of Chesterfield, 1997, as amended, are amended and re-enacted to read as follows: Sec. 19-632. Definitions. 0 0 0 Copy: The display on a sign surface in either permanent, electronic, or removable letter, graphic, or numeric form and any associated background distinguishable from the sign structure or building. (pulled from proposed EMC ordinance) 0 0 0 J J J 10-60 01/27/10 Sign Structure: An assembly of materials used to support a sign and that provide the exterior form and finishes that define an area of sign copy. 0 0 0 C Sec. 19-646. Calculation of freestanding sign area. Area is measured in square feet. The area of a freestanding sign face shall be computed by means of calculating the area of the smallest square, circle, rectangle, triangle or combination thereof that will encompass the extreme limits of copy. For a sign consisting of two or more sides of copy, where the interior angle between any of the sides of copy exceeds 90 degrees, the second and each succeeding side of sign copy area shall be counted when calculating sign area. 0 0 0 0 C Sec. 19-647. Calculation of freestanding sign height. (a) Height is measured in feet to the top of the sign copy area. If the sign location lies below the road elevation nearest to it, the sign height shall be measured from the road grade of the nearest travel lane to the sign to the top of the area of copy. (b) If the sign location lies above the road elevation nearest to it, the sign height shall be measured from the normal finished grade of the site to the top of the area of copy. Artificially increasing the height of the sign by berming or mounding earth or other material at the sign base shall be permitted but calculated as part of the sign height. (c) Architectural elements that enclose the top area of copy may not exceed 25 percent above the allowable sign height. 0 0 0 (2) That this ordinance shall become effective immediately upon adoption. Ayes: Gecker, Holland, Warren, Durfee. Nays: Jaeckle. Mr. Warren stated Ms. Durfee's suggestion for a committee to review the sign ordinance is a great idea. In response to Mr. Warren's question, Ms. Durfee stated a preliminary recommendation will be presented to the Board in the spring on the Comprehensive Plan with a final recommendation to be made by this fall. She further stated if the county formed a committee to review the sign ordinance, their recommendations might probably be ready around the same timeframe. She stated it is imperative to have members on the committee who have the expertise and understanding of signs. Mr. Gecker stated the Board does not need to essentially form a new county committee without the appropriate facts. 10-61 01/27/10 Mr. Holland stated he supported forming a committee to review the county's sign ordinance, but it requires direction and more thought to ensure the committee does not fail. Ms. Durfee requested Mr. Stegmaier prepare of a list of people who would be able to serve on the committee for the sign ordinance. Mr. Gecker stated the last time the county did a major sign ordinance rewrite, it was led by the Planning Commission and it was fairly successful. He further stated there is a wealth of knowledge not only on the Planning Commission but with staff too. He stated he would like for the Board to direct the Planning Commission to form a committee along with staff to begin the process of reviewing the sign ordinance. Discussion ensued relative to forming a committee to review the sign ordinance. Mr. Stegmaier stated he will bring back a recommendation to the Board regarding membership for the committee to review the sign policy. 17.B. TO CONSIDER THE APPROPRIATION OF FUNDS FOR THE ROUTE 10 (I-95 TO WARE BOTTOM SPRING ROAD) WIDENING PROJECT Mr. McCracken stated this date and time had been advertised for the Board to consider the appropriation of funds for the Route 10 (I-95 to Ware Bottom Spring Road) Widening Project. Mr. Gecker called for public comment. There being no one to address the request, the public hearing was closed. The Board took a vote to appropriate $24,142,946 ($15,442,946 in anticipated VDOT reimbursements and $8.7 million in 2004 authorized General Obligation bonds) and to authorize the County Administrator to award a construction contract, upon VDOT approval, up to $19,600,000, to the lowest responsible bidder for the Route 10 (I-95 to Ware Bottom Spring Road) Widening project. Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. (It is noted that upon review of the audio tape, no motion or second was made to approve this item. Accordingly, an agenda item will be added to the Board's February 24, 2010 agenda for the Board to properly approve this action.) Mr. Gecker expressed appreciation to Mr. McCracken and Ms. Jaeckle for the amount of work they have done on this item. Ms. Jaeckle stated the project is important for the economic development of the county. She expressed appreciation to Mr. McCracken for his assistance in obtaining stimulus funds. J J J 10-62 01/27/10 19. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED MATTERS C Ms. Beverly Bolis requested the Board to increase the real estate tax rate to increase funding for the school system. Ms. Heather Hart requested the Board to increase the real estate tax rate to increase funding for the school system. Ms. Nancy Wood, a teacher at Manchester High School, requested the Board increase the real estate tax rate to ensure adequate funding for the schoo_1 system. Mr. Frank Cardella, President of the Chesterfield Education Association, requested the Board increase the real estate tax rate to ensure adequate funding for the schools. 20. ADJOURNMENT On motion of Mr. Holland, seconded by Ms. Durfee, the Board adjourned at 9:00 p.m. to a joint meeting of the Board of Supervisors and the School Board on January 29, 2010 at 9:30 a.m. at the Eanes-Pittman Public Safety Training Center. Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. es gma' r unty dministrator Daniel A. Gecker Chairman 10-63 01/27/10 J J J