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2010-02-10 MinutesBOARD OF SUPERVISORS MINU'T'ES February 10, 2010 C 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 School Board Members in Attendance Mr. David Wyman, Chairman Mr. Marshall Trammell, Jr., Vice Chairman Ms. Patricia Carpenter Planning Commission Members in Attendance Dr. William Brown, Chairman Mr. Sam Hassen, Vice Chairman Mr. F. Wayne Bass Mr. Reuben Waller, Jr. Staff in Attendance: Mr. Mike Bacile, Dir., Purchasing 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 Mr.-Roy Covington, Dir., Utilities Ms. Mary Ann Curtin, Dir., Intergovernmental Affairs Colonel Thierry Dupuis, Police Department Mr. Mike Golden, Dir., Parks and Recreation Mr. John W. Harmon, Real Property Manager Mr. Donald Kappel, Dir., Public Affairs Mr. Rob Key, Director, General 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 Ms. Jo Lin Rohr, Quality Coordinator Ms. Sarah Snead, Acting Deputy County Admin., Human Services Mr. M. D. Stith, Jr., Deputy County Admin., Community Development Mr. Richard Troshak, Dir., Emergency Communications Center Mr. Kirk Turner, Dir., .Planning Mr. Scott Zaremba, Director of Human Resource Programs 10-75 02/10/10 GETTING STARTED Mr. Gecker called the meeting to o"rder at 1:04 p.m. Mr. Wyman called to order the meeting of the School Board and expressed appreciation for the opportunity to participate with the Comprehensive Plan process. Dr. Brown called to order the meeting of the Planning Commission and expressed appreciation for the opportunity to participate in the Comprehensive Plan process. Mr. Gecker expressed appreciation to the members of the Comprehensive Plan Steering Committee. Mr. Warren stated Mr. Gulley was unable to attend the meeting today due to family illness. SETTING THE STAGE Mr. Turner welcomed the Board of Supervisors, Planning Commission and School Board members to the second of four joint meetings with the consultants on the Comprehensive Plan. He stated the purpose of this meeting is to update the Board of Supervisors, Planning Commission and School Board on progress to date on the Plan and discuss/affirm a draft vision for the Plan. PROJECT & VISION UPDATE Mr. Vlad Gavrilovic provided a brief update on the progress being made on the Comprehensive Plan review project. Mr. Milt Herd provided an update on the process that has been used to date on the Comprehensive Plan update. He stated the process has affirmed the value of bringing citizens and stakeholders together to plan for the future; the commonalities that people have found in the process; and the significance of developing a shared vision for the future of Chesterfield County. Mr. Gavrilovic provided an overview of the information that went into the vision document for the Comprehensive Plan. He reviewed the items listed in the draft vision document. He provided the next steps for the Comprehensive Plan process. DISCUSSION OF VISION Ms. Durfee expressed appreciation to the consultants for providing the information to the Boards and Commission on the Comprehensive Plan update. She stated when the process of reviewing the Comprehensive Plan began, the Board placed an emphasis on economic development, land use, public facilities, environmental, revitalization and education. She further stated economic development has to be the county's top priority. She stated economic development, revitalization, education, public safety and public facilities are all tied together. In response to Ms. Durfee's question, Mr. Gavrilovic stated one of the goals of the joint meeting is to get the perspective of the elected officials on the work that the steering committee has done thus far. He further stated J J J 10-76 02/10/10 economic development, land use, public facilities, environmental, revitalization and education have been incorporated into the steering committee discussions. He stated the goals of the vision document were to be as comprehensive as possible and not give particular weight to one theme or another. He further stated the planning team is hard at work on translating those themes into the vision so they will be a key part of the Comprehensive Plan. C ^! Ms. Durfee stated the major themes which the Board placed an emphasis on do not pop out of the vision document. She further stated it is important to understand the current public facilities and services and how the county is meeting the population's needs. She stated the county has allowed residential growth to far outpace the county's ability to keep up with infrastructure in the past. She further stated the county needs to strategically locate the public facilities to make sure to maximize service levels to the population. She stated economic development has to be one of the main concentrations. She further stated the county needs to reach for its maximum potential for balance of residential and commercial. She stated all of the themes are important, but it is critical that economic development be one of the driving forces in the Comprehensive Plan. She further stated she is happy the consultants are recommending to not continue the sprawl-like development. Mr. Gavrilovic stated Ms. Durfee's input will be taken to the steering committee to use as the drafting of the next elements are begun. In response to Mr. Warren's question, Mr. Gavrilovic stated the county's strengths are organizational strength; tradition of using data in an intelligent way to support decisions; and strong transportation infrastructure to provide for accessibility. Mr. Milt Herd, with Herd Planning and Design, stated community spirit and good leadership are a couple of the county's strengths. He further stated one of the challenges for the county is to reshape how development is done. In response to Ms. Jaeckle's question, Mr. Gavrilovic stated the team will get to a level of detail that is going to translate into actions the county can do. He further stated it is hard to say exactly what the details are going to be until the Comprehensive Plan update is finalized. Ms. Durfee stated she is pleased the Comprehensive Plan is going to be policy based and have goals, objectives and action strategies. In response to Ms. Durfee's question, Mr. Gavrilovic stated the consultant team is very optimistic that the steering committee can rise to the challenge and work methodically to make it through the next phase. Ms. Durfee stated sometimes people do not have the patience to go through the long drawn out broad concepts that had to be dealt with in the first phase. Mr. Gavrilovic stated having items in the vision statement such as the five C concept provides a basic way to translate ideas into policies. Ms. Durfee stated due to the economy people may not be so visionary because they think the money is not available. She further stated it is important to put everything down on paper because you never know what is going to happen in the future. 10-77 02/10/10 In response to Ms. Durfee's question, Mr. Gavrilovic stated the consulting team has not felt the economy as a limiting factor. He further stated the steering committee has really taken this on with a 25-year outlook. Mr. Holland expressed appreciation to the steering committee for its hard work. Mr. Gavrilovic stated the consultant team, staff and steering committee are on schedule for completion of the Comprehensive Plan in January 2011. Mr. Holland expressed appreciation to the Comprehensive Plan steering committee and stated he is looking forward to the district meetings which will be held later this summer. In response to Mr. Trammell's question, Mr. Gavrilovic stated there are going to have to be specific incentives that are in the implementation plan to entice developers to locate public facilities within these more compact community centers in order to make this vision a reality. In response to Mr. Wyman's question, Mr. Gavrilovic stated there was a great deal of discussion about education. He further stated education is across the perspective of the whole vision document and cornerstone elements, rather than having a specific topic that is called schools. Mr. Wyman stated in the School Board Liaison Committee meeting, there were discussions about the vitality of certain areas and the impact of new or renovated schools on a specific community. In response to Mr. Wyman's question, Mr. Gavrilovic stated the Comprehensive Plan will include elements such as a regional look at economic development. He further stated one of the key discussions to date has been about the transition from a bedroom community into an employment center. Mr. Waller stated a critical part in the implementation of the Comprehensive Plan is the physical constraints on public facilities. He further stated education is a critical concept in promoting the stability of neighborhoods. He stated the education aspect of the Comprehensive Plan needs more emphasis. He further stated aspects of affordable housing need to be placed in the Comprehensive Plan. Mr. Gavrilovic stated it is hard to say at this point what the specific implementation is going to be to incorporate affordable housing into the Comprehensive Plan. He further stated it will be reviewed during the work on the policy guidance which the planning team is now working on. He stated all of the different elements in the Comprehensive Plan will be linked together in order to build the kind of environment that businesses want to come to. Ms. Carpenter stated the citizens of Chesterfield County relate the quality of life with public safety and education, which needs to be emphasized more. In response to Ms. Carpenter's question, Mr. Gavrilovic stated co-location of public facilities has been mentioned in the steering committee meetings, which has been temporarily put to the side while dealing with broad policies and visions. He further stated the idea of a comprehensive community center is a vision that has received a lot of community input in the steering committee discussions. J J J 10-78 02/10/10 Ms. Durfee stated she hopes the appropriateness of land use will be reviewed during the Comprehensive Plan update process. ^~ In response to Ms. Durfee's question, Mr. Gavrilovic stated Virginia statutes make it hard for any local government to actually control the rate of growth. He further stated there is a vision for a change in the pattern of growth in the county which will get translated into a future land use policy that will show ultimate desired land use for different parts of the county. He stated updates to the land use plan are mandated every five years so the vision could change. Mr. Warren stated it is an important part of the planning process to get citizen input and citizen participation. In response to Mr. Warren's question, Mr. Gavrilovic provided a summary of the different approaches used to inform citizens and to receive input on the Comprehensive Plan process from the citizens. Mr. Gecker stated it is important to get through this process and not have a substantial portion of the population say they did not have any real input on the Comprehensive Plan. In response to Mr. Gecker's question, Mr. Gavrilovic stated outreach at different places in the county as a way of getting citizens to the key meetings has taken place. He further stated the website for the Comprehensive Plan continues to evolve in ways of getting people involved. Dr. Brown stated incentives are going to be needed for landowners and developers to do what the citizenry thinks is best for the county. He further stated he is looking forward to seeing the kind of policy guidance and recommendations for incentives to guide infill development and redevelopment. He stated it can be difficult to get affordable housing in the mixed-use nodes because they are so attractive the market drives the price up. He further stated it is important to include affordable or workforce housing to assist with attracting businesses at a higher rate. Mr. Gavrilovic stated affordable housing has been brought up in discussions with the steering committee. He further stated the team is starting to take a closer look at the packages of incentives, policies, zoning or taxing that could help the county level the playing field. He stated the decline in funding for road improvements that is being experienced statewide is going to assist with focusing more development on areas with capacity. He further stated the zoning ordinance can be used as one implementation technique to allow for more diversity in housing types and densities. In response ~to Ms. Durfee's question, Mr. Gavrilovic stated the six-month timeframe is a brisk pace but the team has two things going for it, organizational support from the planning staff as well as the work of the steering committee. He further stated the six-month timeframe is achievable to have the next phase of the Comprehensive Plan complete. Dr. Brown suggested the consultant team utilize the public libraries as a location for outreach to the citizenry. Mr. Gecker expressed appreciation for the information presented to the Board of Supervisors, School Board and Planning Commission on the Comprehensive Plan. 10-79 02/10/10 On motion of Mr. Holland, seconded Ms. Durfee, the Board recessed until 3:00 p.m. in the Public Meeting Room. Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. Reconvening: 1. APPROVAL OF MINUTES FOR JANUARY 13, 2009 On motion of Mr. Holland, seconded by Ms. Durfee, the Board approved the minutes of January 13, 2009, as submitted. Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. 2. COUNTY ADMINISTRATOR'S COMMENTS 2.A. COUNTY ADMINISTRATOR'S REPORT LEGISLATIVE UPDATE Ms. Curtin presented an update to the Board of Supervisors on the status of several bills before the General Assembly and from the county's legislative program. She stated the legislative session will reach crossover on February 16, 2010. She provided an update on the status of the state's budget, which is impacted by new revenue numbers from the Governor and the Economic Stimulus Package coming to the state. In response to Mr. Warren's questions, Ms. Curtin stated House Bill 449 on the FOIA requirements has been sent to the FOIA Commission, so the legislation is not going forward at this time. She further stated the FOIA Commission is a panel of experts which will review the bill and decide whether or not it is appropriate to bring forward next year. Mr. Warren stated as a member of a VACo Committee he participated in a conference call discussing a number of bills before the General Assembly which will have significant negative impacts on local governments. In response to Mr. Warren's question, Ms. Curtin stated she is aware of the bills which were discussed on the conference call with VACo Committee members. She further stated those bills are in committee right now and the outcome is unknown. She stated there are a number of bills which would negatively impact county revenues. Mr. Holland expressed appreciation to Ms. Curtin for her hard work at the General Assembly. He further expressed concerns in regard to the state budget, which continues to deteriorate. In response to Mr. Holland's question, Ms. Curtin stated both the House and Senate money committees are to release their respective budgets on February 21. She further stated once J J J 10-80 02/10/10 that information is available, it will be given to the Budget Department to determine the impact on the county. ^i ^+~ ~J Mr. Stegmaier briefly mentioned the Comprehensive Plan and the joint meeting between the Board of Supervisors, School Board and Planning Commission, held earlier in the day. Mr. Stegmaier stated the county has been named as one of Training Magazine's Top 125 employers for the fourth consecutive year. He further stated the county has moved from the ranking of 52nd to 12th in that timeframe. He recognized Mr. Kevin Bruny and Ms. Jo Lin Rohr for achieving this high honor for Chesterfield County. Mr. Holland expressed appreciation to Mr. Stegmaier for the positive news. He stated training is a critical part of any organization. 3. BOARD MEMBER REPORTS There were no Board Member Reports at this time. 4. REQUESTS TO POSTPONE AGENDA ITEMS AND ADDITIONS, DELETIONS OR CHANGES IN THE ORDER OF PRESENTATION On motion of Mr. Warren, seconded by Mr. Holland, the Board added Item 8.B.3.d., Resolution Recognizing Chief Deputy State Coordinator Janet Clements, Virginia Department of Emergency Management, Upon Her Retirement. Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. 5. RESOLUTIONS There were no Resolutions at this time. 6. WORK SESSIONS 6.A. PROJECTED REVENUES FOR THE FY2011 BUDGET Mr. Carmody presented an overview of FY2011 projected revenues in the General Fund. He provided an update on current economic conditions and the economic forecast. He reviewed data relative to the major general fund revenue sources. He reviewed key revenue trends, including percentage of change in real estate assessed value; commercial real estate vacancy rates; personal property taxes; local sales tax; gross business license receipts; tax rate change assumptions; state and federal revenues; and revenue sources along with the percentage change. He stated there are some signals that the overall economy may have bottomed out; however, the end of the recession does not equal return to growth. He reviewed the FY2011 Budget process schedule. In response to Ms. Jaeckle's questions, Mr. Carmody stated the Citizen's Budget Advisory Committee has been reviewing the county's budget and are working on a recommendation for 10-81 02/10/10 the Board on at least the real estate tax rate. He further stated the committee will be reviewing the .proposed CIP and how it would affect the operating budget. In response to Mr. Warren's question, Mr. Carmody stated the presented trends are typical of other localities in Virginia with minor variations. In response to Mr. Warren's question, Mr. Stegmaier stated one difference between Northern Virginia and Chesterfield is that Northern Virginia is roughly one year ahead of Chesterfield in assessment decreases so they took the bulk of the decline in their local revenues last year. He further stated Northern Virginia increased their real estate tax rates significantly coming into this fiscal year. Mr. Gecker stated Northern Virginia's increase in real estate tax rates was significant but that the localities are still not revenue neutral. He further stated the assessment declines experienced in Northern Virginia were much larger than the decline experienced in Chesterfield. In response to Mr. Gecker's question, Mr. Carmody stated increases in real estate tax amounts were 10 to 25 cents in some northern Virginia localities, but they are still not revenue neutral. Mr. Stegmaier stated Prince William County was dealing with a 33 percent decline in assessment values. In response to Mr. Warren's question, Mr. Stegmaier stated the last information he had received indicated the assessment values in Northern Virginia had stabilized significantly compared to a year ago. In response to Mr. Warren's question, Mr. Carmody stated there has been some stabilization in the real estate assessments in Chesterfield; however, the commercial piece still needs to stabilize. He further stated staff is not forecasting a decline in residential values as deep as this year but still not seeing growth. Mr. warren stated the county needs to get a better handle on long term projections. In response to Mr. Warren's question, Mr. Carmody stated at the revenue forum the county is able to work with industry experts to determine vacancy rates. He further stated the longer term is much more difficult to forecast. Mr. Gecker commended the Budget and Management Department for the outstanding job they have with their forecasting over the past few years by getting pretty close every time. He stated the piece of the puzzle which keeps fluctuating is the state component and the state has made it clear that there will be no increase in revenue meaning no increased taxes. He further stated the state is balancing their budget by not funding programs the way they have traditionally funded. He stated education is no longer enjoying a favored position among legislatures as in the past. He further stated the state is leaving it up to the localities to raise enough revenue to keep services in place that citizens feel are essential. He stated it is a shift in the fundamental J J J 10-82 02/10/10 relationship between the state government and localities. He further stated the county is working closely with the school division to come to a solution. He stated Chesterfield does not have the tools to increase the amount of money locally that is going to address the shortfall. u Mr. Warren stated there is a tendency for citizens to think Chesterfield is pointing their finger at state government. Mr. Gecker stated businesses expect when they locate in a locality for stability in the system, which means the government will continue to provide services. He further stated the state government has had a sudden shift in philosophy that will adversely impact the quality of life locally. Ms . Jaeckle stated she didn' t know if the decline of funding is a shift in philosophy or because of the downturn in revenue received by the state. She further stated Chesterfield benefited greatly from the state during the boom years. Mr. Gecker stated the real question is what mix of services the state should provide and whose responsibility is it to provide the revenue for that mix of services. He further stated as a locality, there are very few sources of revenue. He stated the state has, until a few years ago, provided the level of funding for the school division based on a formula which takes into account the local need. He further stated the state has placed the burden of increasing revenue on the localities. In response to Ms. Jaeckle's question, Mr. Gecker stated the revenue from the state for the school division has increased because more money was dedicated to education. In response to Mr. Gecker's question, Mr. Carmody stated the state is making 10 to 15 percent reductions in a single year, which has dramatic consequences. In response to Ms. Jaeckle's question, Mr. Gecker stated the increase in funding from the state in the past was at the level of 6 to 8 percent per year and now the county is looking at a 10 to 15 percent reduction in a single year. Ms. Durfee stated it is not just education which, will be affected, but also transportation and other areas. She further stated there is no way for any locality to absorb the amount of cuts coming from the state. She stated the Board is struggling the same way the state is. She further stated the county is not responsible for taking over the state's responsibilities. Mr. Holland expressed appreciation for the information shared. He requested staff to review the dates which have been advertised for the Board to set the real estate tax rate given the state's budget will not be known until three days prior to the advertised date. He also requested staff to continue to review any steps which can be taken with respect to stimulate job activity in Chesterfield because it is crucial to be able to come out of this recession. He stated Mr. Alan Greenspan, former Chairman of the Federal Reserve, stated he felt the recession had hit bottom last fall. 10-83 02/10/10 7. DEFERRED ITEMS There were no Deferred Items at this time. 8. NEW BUSINESS 8.A. APPOINTMENTS On motion of Ms. Durfee, seconded by Mr. Holland, the Board suspended its rules to allow simultaneous nomination/ reappointment of a member to serve on the Personnel Appeals Board. Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. 8.A.1. PERSONNEL APPEALS BOARD On motion of Ms. Durfee, seconded by Mr. Holland, the Board simultaneously nominated/reappointed Ms. Debra M. Girvin to serve on the Personnel Appeals Board, whose term is effective immediately and shall expire on December 31, 2012. Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. 8.B. CONSENT ITEMS 8.B.1. SET DATE FOR PUBLIC HEARING TO CONSIDER PROPOSED AMENDMENTS TO THE COUNTY CODE TO PERMIT WIND ENERGY SYSTEMS TO BE LOCATED IN AGRICULTURAL, RESIDENTIAL, OFFICE, COMMERCIAL AND INDUSTRIAL DISTRICTS WITH CERTAIN RESTRICTIONS On motion of Mr. Holland, seconded by Ms. Durfee, the Board set a public hearing for March 10, 2010 for the Board to consider proposed amendments to the County Code to permit Wind Energy Systems (WES) to be located in Agricultural (A), Residential (R), Office (O), Commercial (C) and Industrial (I) Districts with certain restrictions. Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. 8.B.2. APPROVAL OF STREET NAME CHANGE FROM SABRA COURT TO cnRUn wn,v On motion of Mr. Holland, seconded by Ms. Durfee, the Board approved the renaming of Sabra Court to Sabra Way, which was originally Port Walthall Court and was changed to Sabra Court at the Board of Supervisors meeting on January 13, 2010, right of way was dedicated on May 30,-2007 in Book 7814, page 126-130, Tax IDs for affected parcels are 810635379400000 and 809636639800000. Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. J J J 10-84 02/10/10 8.B.3. ADOPTION OF RESOLUTIONS 8.B.3.a. RECOGNIZING BATTALION CHIEF KEVIN L. SPAULDING, FIRE AND EMERGENCY MEDICAL SERVICES DEPARTMENT, UPON HIS RETIREMENT ~J ~J On motion of Mr. Holland, seconded by Ms. Durfee, the Board adopted the following resolution: WHEREAS, Battalion Chief Kevin L. Spaulding retired from the Chesterfield Fire and Emergency Medical Services Department, Chesterfield County, on January 1, 2010; and WHEREAS, Chief Spaulding began Recruit School #6 on July 1, 1976 and has faithfully served the county for over 33 years in various assignments including as a firefighter at the Bon Air Fire and EMS Station; and WHEREAS, Chief Spaulding was promoted to the rank of sergeant on December 1, 1977 and served at the Bon Air and Ettrick Fire and EMS Stations; and WHEREAS, Chief Spaulding was assigned to the Fire Prevention Bureau on July 2, 1979, and served as a Fire Inspector/Investigator, becoming certified by the Circuit Court of Chesterfield County as an expert witness in Fire Inspections and Investigations; and WHEREAS, Chief Spaulding was promoted to the rank of Lieutenant on September 16, 1987 and served at the Ettrick and Manchester Fire and EMS Stations; and WHEREAS, Chief Spaulding was promoted to the rank of Captain on January 2, 1992 and served at the Manchester and Clover Hill Fire and EMS Stations; and WHEREAS, Chief Spaulding was promoted to the rank of Senior Captain on March 1, 1996 and served as the Administrative Officer for "A" Shift; and WHEREAS, Chief Spaulding was promoted to the rank of Battalion Chief on May 30, 1998 and served in that role for all four battalions and on two of the three shifts during his tenure, using the knowledge and experience gained in these multiple assignments to teach and mentor countless firefighters and company officers; and WHEREAS, Chief Spaulding served as the Task Force Leader on VA Task Force 1 for the deployment to Florida during the wildland fires of 1998; and WHEREAS, Chief Spaulding assisted in the rescue of a 13- year-old boy trapped in his bed when a large tree fell on the house in September of 2006; and WHEREAS, Chief Spaulding was a member of the Minimum Staffing Workgroup, the Volunteer Integration Committee, and the Tropical Storm Gaston Workgroup, where he made tremendous contributions to the department's ability to manage large- scale incidents; and 10-85 02/10/10 WHEREAS, Chief Spaulding is almost universally mentioned as one of the best officers to work for due to his knowledge of the profession, for his concern for his employees, and for always demonstrating the organization's goal to give the citizens more than they expect; and NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes the contributions of Battalion Chief Kevin L. Spaulding, expresses the appreciation of all residents for his service to the county, and extends appreciation for his dedicated service and congratulations upon his retirement. Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. 8.B.3.b. REAFFIRMING CHESTERFIELD COUNTY'S SUPPORT OF THE JOHN TYLER ALCOHOL SAFETY ACTION PROGRAM AND POLICY BOARD On motion of Mr. Holland, seconded by Ms. Durfee, the Board adopted the following resolution: WHEREAS, the Commonwealth of Virginia, in the interest of highway safety, has enacted laws to create programs for probation, education, and rehabilitation of persons convicted of driving motor vehicles under the influence of alcoholic beverages and other self-administered drugs, and these programs are known as Alcohol Safety Action Programs or ASAPs; and WHEREAS, since 1979, the local program "John Tyler Alcohol Safety Action Program" has been serving the Cities of Colonial Heights, Emporia, Hopewell, Petersburg and the Counties of Chesterfield, Dinwiddie, Greeneville, Henrico, Powhatan, Prince George., Surry .and Sussex, providing probation, education, and rehabilitation of person charged in violation of Virginia Code Section 18.2-266, and providing other services approved by the Commission on VASAP; and WHEREAS, Sections 18.2-271 and 18.2-271.2 of the Code of Virginia require to establish a Commission on VASAP; said Commission to establish procedures for the operation of local ASAP programs; and April 3, 1987, said Commission issued directives that all local ASAP programs would establish and implement an independent Policy Board, representative of localities served, to operate the program; and WHEREAS, by resolution previously adopted by this Board of Supervisors on August 8, 1979, Chesterfield County became part of the John Tyler Alcohol Safety Action Program pursuant to Section 15.2-1300 of the Virginia Code. NOW, THEREFORE, BE IT RESOLVED that Chesterfield County hereby reaffirms its position as a_ participating locality in the John Tyler Alcohol Safety Action Program, herein called the Program, endorses the continuation of an independent Policy Board, and agrees to the following: 1. The Policy Board consists of at least seven (7) but not more than fifteen (15) members. J J J 10-86 02/10/10 r~ 0 C 2. Each city and county governing body shall appoint one (1) member to serve as a representative to the John Tyler ASAP Policy Board for a term of three (3) years; and additional Policy Board members shall be elected according to the Policy Board's by-laws. Membership not appointed by the governing bodies of represented jurisdictions, at the discretion of the Board, shall be selected or elected from but not limited to the judiciary, the bar, law enforcement, education, treatment professionals and other interested groups such as local transportation safety commissions. Vacancies occurring on the Board shall be filled by majority vote of the remaining Board Members from nomination of other Board Members and participating governing bodies of the jurisdiction. 3. A Chair, Vice Chair and Secretary shall be elected in accordance with the by-laws. The Program's Executive Director shall serve an ex-officio member without voting power. 4. The Policy Board shall hire and supervise the Program's Executive Director. The Executive Director shall be responsible to implement operational policies for the Program, hire and supervise staff for the Program and control all revenues and expenditures. The Executive Director shall serve at the pleasure of the Policy Board. 5. The program shall be operated by the Board in compliance with the VASAP Commission Policies and Procedures and in conjunction with requirement of the local administrative and fiscal agency; 6. Each. fiscal year, the Executive Director shall prepare a budget and submit it for approval to the John Tyler ASAP Policy Board and the Commission on VASAP. The VASAP Commission shall be responsible for funding any deficit occurring in the operation of John Tyler ASAP; 7. An annual report shall be prepared under the supervision of the Policy Board indicating the activities of John Tyler ASAP; 8. This agreement shall remain in effect continuously from year to year until termination either by the John Tyler ASAP Policy Board, the local jurisdiction, or the Commission on VASAP. Participating cities or counties may withdraw at any time by official action of their governing body and appropriate notice to the John Tyler ASAP Policy Board. If a locality withdraws, its representatives shall no longer serve on the John Tyler ASAP Policy Board; and 9. The Program may acquire and own real property and personal property as approved by the Policy Board for the Program's operation. Title to such property shall be vested in the Program. Should the Program cease to operate, all property shall be disposed of pursuant to applicable provisions of the Virginia 10-87 02/10/10 Code. The Policy Board may seek the advice of the Commission on VASAP and the Attorney General. It is the intent of this resolution that the Program's assets, upon either partial or complete dissolution of the Program, shall be divided amongst the participating localities at-the time of dissolution in the same proportion as the clients served from that locality. Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. 8.B.3.C. RECOGNIZING MRS. TERESA J. WOODS, DEPARTMENT OF REAL ESTATE ASSESSMENTS, UPON HER RETIREMENT On motion of Mr. Holland, seconded by Ms. Durfee, the Board adopted the following resolution: WHEREAS, Mrs. Teresa J. Woods began her tenure of public service with Chesterfield County as a Senior Administrative Officer in the Department of Real Estate Assessments on October 29, 1987; and WHEREAS, in July 1996, Mrs. Woods was promoted to the position of Principal Administrative Officer, and to the position of Office Administrator II effective September 2001, to the position of Administrative Manager, September 2002, and to Chief of Administrative Services in November 2008; and WHEREAS, Mrs. Woods became a member of the Virginia Association of Assessing Officers in 1987, serving on the Planning Committee on Land Use, for Administrative Processes and Procedures on Exemptions and on Adjustments to Assessment Records; and WHEREAS, in 1995 and 1996, Mrs. Woods served on the process action team for the purpose of updating and implementing the Annual Appeal Review Process; and WHEREAS, in 1995, Mrs. Woods served on the Planning Committee for the Chesterfield Volunteer Program and Volunteer Appreciation Open House; and WHEREAS, in 1992, Mrs. Woods served as Business Consultant for Junior Achievement; and WHEREAS, in her role as Chief of Administrative Services, Mrs. Woods effectively and efficiently coordinated the annual property assessment programs for Chesterfield County; and WHEREAS, Mrs. Woods will be missed by her staff and peers for her expertise in the property assessment field; and WHEREAS, Mrs. Woods has been a dedicated and faithful employee of the County of Chesterfield for over 22 years. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes the outstanding contributions of Mrs. Teresa J. Woods, and expresses appreciation on behalf of all residents for her service to the county, congratulations upon her retirement, and best wishes for a long and happy retirement. Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. J J J 10-88 02/10/10 8.B.3.d. RECOGNIZING CHIEF DEPUTY STATE COORDINATOR JANET CLEMENTS, VIRGINIA DEPARTMENT OF EMERGENCY MANAGEMENT, UPON HER RETIREMENT ^~t ~J On motion of Mr. Holland, seconded by Ms. Durfee, the Board adopted the following resolution: WHEREAS, Chief Deputy State Coordinator Janet Clements retired from the Virginia Department of Emergency Management on February 1, 2010; and WHEREAS, Chief Deputy Clements joined the Virginia Department of Emergency Management (VDEM) in 1984 as a Public Information Officer; and WHEREAS, Chief Deputy Clements was selected as VDEM's Public Affairs Office Director in 1999; and WHEREAS, Chief Deputy Clements was instrumental in designing and developing the current nationally recognized Virginia Corps program; and WHEREAS, Chief Deputy Clements was appointed by Governor Mark Warner as VDEM's Chief Deputy State Coordinator in 2002; and WHEREAS, Chief Deputy Clements, during her tenure with the agency, responded to 28 presidential disaster declarations, including Hurricane Isabel, the terrorist attack on the Pentagon in 2001 and many other significant events; and WHEREAS, Chief Deputy Clements oversaw the Operations,. Public Affairs, Training and Exercises, Local Support Services, Technological Hazards, and Preparedness divisions of the agency; and WHEREAS, Chief Deputy Clements served as Virginia.'s emergency management representative on the National Capitol Region's Senior Policy Group for Homeland Security and Emergency Preparedness, and was a member of the Commonwealth Preparedness Working Group; and WHEREAS, Chief Deputy Clements, during her career, provided invaluable guidance, support and encouragement to the county's emergency management program; and WHEREAS, as a result of her dedication to the citizens of the commonwealth and Chesterfield County, our citizens are better prepared for natural and man-made disasters. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes the contributions of Chief Deputy State Coordinator Janet Clements, expresses the appreciation of all residents for her service to the commonwealth and to the county, and extends appreciation for her dedicated service and congratulations upon her retirement. Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. 10-89 02/10/10 8.B.4. APPROPRIATION OF JWENILE ACCOUNTABILITY BLOCK GRANT FUNDS FROM THE DEPARTMENT OF CRIMINAL JUSTICE SERVICES On motion of Mr. Holland, seconded by Ms. Durfee, the Board authorized Human Services Administration to receive $40,393 in Juvenile Accountability Block Grant funds from- the Department of Criminal Justice Services and authorized an increase in appropriations by $40,393. Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. 8.B.5. STATE ROAD ACCEPTANCE On motion of Mr. Holland, seconded by Ms. Durfee, 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: Kings Forest 12 Tvoe Chance 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 • Old Zion Hill Road, State Route Number 889 Old Route Number: 0 From: Canute Dr., (Rt. 2828) To: Cul-de-sac, a distance of: 0.21 miles. Recordation Reference: Pb. 176, Pg. 28 Addition Right of Way width (feet) = 50 Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. J J J 10-90 02/10/10 8.B.6. DESIGNATION OF OPEN-SPACE LAND FOR THE JOHN J. RADCLIFFE APPOMATTOX RIVER CONSERVATION AREA AND AUTHORIZE THE RECEIPT AND APPROPRIATION OF THE VIRGINIA LAND CONSERVATION FOUNDATION GRANT' ^~ On motion of Mr. Holland, seconded by Ms. Durfee, the Board approved designating county property as open-space land for the John J. Radcliffe Appomattox River Conservation Area; authorized the County Administrator to execute the Declaration; and authorized the receipt and appropriation of the Virginia Conservation Foundation grant in the amount of $280,000. Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. 8.B.8. AUTHORIZATION FOR CLEARWIRE TO APPLY FOR CONDITIONAL USE OR CONDITIONAL USE PLANNED DEVELOPMENT FOR COMM[TNICATIONS ANTENNAE TO BE INSTALLED ON THE DUTCH GAP WATER TANK On motion of Mr. Holland, seconded by Ms. Durfee, the Board authorized Clearwire to apply for conditional use or conditional use planned development for communications antennae to be installed on the Dutch Gap Water Tank. Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. 8.B.9. CONVEYANCE OF AN EASEMENT TO VERIZON VIRGINIA INCORPORATED FOR UNDERGROUND SERVICE TO THE CELL TOWER SITE AT LAKE CHESDIN PARK On motion of Mr. Holland, seconded by Ms. Durfee,-the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute an easement agreement with Verizon Virginia Inc. for underground service to the cell tower site at Lake Chesdin Park. (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.B.10. APPROVAL OF CHANGE ORDER TO RAYMOND KEY COMMERCIAL CyNTRACTING FOR SECURITY EQUIPMENT AND INSTALLATION AT THE CIRCUIT COURT ADDITIONS AND RENOVATIONS PROJECT u On motion of Mr. Holland, seconded by Ms. Durfee, the Board authorized the County Administrator to execute a change order to the contract with Raymond Key Commercial Contracting in the amount of $196,936.84 for security equipment and installation at the Circuit Courts Building Addition And Renovations Project. Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. 10-91 02/10/10 8.B.11. TRANSFER OF DISTRICT IMPROVEMENT FUNDS FROM THE BERMUDA DISTRICT IMPROVEMENT FUND TO THE PARKS AND RECREATION DEPARTMENT FOR THE DEPARTMENT TO PURCHASE MATERIALS TO ERECT A PRESS BOX AND SCOREBOARD AT THE GOYNE PARK FOOTBALL FIELD On motion of Mr. Holland, seconded by Ms. Durfee, the Board transferred $4,500 from the Bermuda District Improvement Fund to the Parks and Recreation Department for the department to purchase materials needed to erect a press box and scoreboard at the Goyne Park football field. Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. The following item was removed from the Consent Agenda for Board comment: 8.B.7. AUTHORIZATION FOR AT&T TO APPLY FOR CONDITIONAL USE OR CONDITIONAL USE PLANNED DEVELOPMENT FOR A COMMUNICATIONS TOWER AND ANTENNAE TO BE INSTALLED ON COUNTY PROPERTY AT BENSLEY PARK In response to Mr. Gecker's question, Mr. Turner stated the Planning Department does not review whether or not a tower is in compliance with the Tower Siting Policy until an applicant has filed an application. In response to Mr. Gecker's question, Mr. Harmon stated this request is to simply allow the applicant to file an application on county-owned property and begin the public process. Ms. Durfee stated typically the applicant will hold community meetings to receive feedback from the surrounding area. On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board authorized AT&T to apply for conditional use or conditional use planned development for a communications tower and antennae to be installed on county property at Bensley Park. Ayes: Holland, Jaeckle, Warren, and Durfee. Nays: Gecker. 9. REPORTS 9.A. REPORT ON STATUS OF GENERAL FUND BALANCE, RESERVE FOR FUTURE CAPITAL PROJECTS, DISTRICT IMPROVEMENT FUNDS AND LEASE PURCHASES On motion of Mr. Holland, seconded by Ms. Durfee, 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. Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. J J J 10-92 02/10/10 10. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED MATTERS ^i Ms. Shelly Murray, a Clover Hill resident, requested the Board increase the real estate tax to an amount which would fully fund the school system. Ms. Jane Weisenfels urged the county to finalize the partnership with the Richmond SPCA. She requested the Board form a citizen committee to work with the Animal Shelter. Ms. Jo-Dee Davis urged the Board to approve the partnership with the Richmond SPCA and to support a volunteer citizen committee to assist staff with workload. Mr. Frank Cardella, President of the Chesterfield Education Association, requested the Board increase the real estate tax rate to ensure adequate funding for the school system. 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 Minister John G. Phillips, Tabernacle Baptist Church, gave the invocation. 13. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Assistant County Administrator Marilyn Cole led the Pledge of Allegiance to the Flag of the United States of America. 14. RESOLUTIONS 14.A. RECOGNIZING MR. CLARENCE L. LEE ON HIS OUTSTANDING BUSINESS ACCOMPLISHMENTS C Mr. Stith introduced Mr. Clarence Lee, who was present with members of his family, to receive his resolution. On motion of Mr. Warren, seconded by Mr. Holland, the Board adopted the following resolution: WHEREAS, the Chesterfield County Board of Supervisors recognizes existing businesses within the county that contribute to the county's economy and its citizens; and 10-93 02/10/10 WHEREAS, Chesterfield County is proud to have Midlothian Electric Company as a valued member of its business community for the past 45 years; and WHEREAS, Midlothian Electric Company owner Clarence Lee was the first black licensed electrician in the metropolitan Richmond area; and WHEREAS, Mr. Lee started his business with one employee, and over the years grew to twelve employees; and WHEREAS, Mr. Lee's first major contract was wiring the bathhouses at Pocahontas State Park; and WHEREAS, Mr. Lee was the lead electrician for the Richmond skyscraper, the James Center; for the renovations of the First National Bank building; and Colson Hall on .the campus of Virginia State University; and WHEREAS, Mr. Lee was an integral part of the community, providing electrical service to residents who could not afford it; and WHEREAS, Mr. Lee campaigned to raise goods and restore electrical service for victims of Hurricane Isabel. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 10th day of February 2010, publicly recognizes Mr. Clarence Lee, thanks him for his outstanding contributions to Chesterfield County, and wishes him many more years of good health and prosperity. AND, BE IT FURTHER RESOLVED that a copy of this resolution be presented to Mr. Lee and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. Mr. Warren presented the executed resolution to Mr. Lee and congratulated him on his many successes as a business owner in Chesterfield County. Mr. Lee expressed appreciation for the recognition and for the support of Chesterfield County. 14.B. RECOGNIZING FEBRUARY 2010, AS "CHILDREN'S DENTAL HEALTH MONTH" IN CHESTERFIELD COUNTY Mr. Kappel introduced Dr. Sam Galstan, who was present to receive the resolution. On motion of Ms. Durfee, seconded by Mr. Warren, the Board adopted the following resolution: WHEREAS, the Seventh Annual "Give Kids a Smile! Access to Dental Care Day" was conducted in a number of Chesterfield County dental offices and schools on February 5, 2010; and J J J 10-94 02/10/10 WHEREAS, numerous children's dental health outreach activities and education will take place in Chesterfield County Schools throughout February 2010; and ^+I~ WHEREAS, through the joint efforts of the Southside Dental Society; the Virginia Dental Association; the Virginia Department of Health, Division of Dentistry; the Medical College of Virginia School of Dentistry; the Alliance of the Southside Dental Society; local dentists and dental healthcare providers who volunteer their time; and the school district of Chesterfield County, this program was established to foster the improvement of children's dental health; and WHEREAS, these dental volunteers have provided educational materials and programs and stress the importance of regular dental examinations; daily brushing and flossing; proper nutrition; sealants and the use of mouth guards during athletic activities; and WHEREAS, several local dental offices volunteered their services on "Give Kids a Smile! Access to Dental Care Day," to provide treatment and education to local underprivileged children. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 10th day of February 2010, publicly recognizes February 5, 2010 as "Give Kids a Smile! Access to Dental Care Day" and February 2010, as "National Children's Dental Health Month" in Chesterfield County, expresses gratitude, on behalf of all Chesterfield County residents, and commends those organizations responsible for their proactive approach to dental health and also commends Dr. Samuel W. Galstan, Dr. C. Sharone Ward, Dr. Frank Farrington, Dr. Melanie Wexel Spears and JoAnne. Wells, R.D.H., for helping to protect our children's dental health. Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. Ms. Jaeckle presented the executed resolution to Dr. Galstan and expressed appreciation to him for his dedication to the children of Chesterfield County. Dr. Galstan expressed appreciation to the Board of Supervisors for the recognition. Ms. Wells, R.D.H., stated the Health Department would be seeing children for dental exams on February 12. 15. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED MATTERS ^~ Mr. Bob Herndon, a Matoaca District resident, urged the Board to approve the partnership with the Richmond SPCA to help make the Animal Shelter a no-kill shelter. Ms. Heather Hart requested the Board to vote against the School Board's CIP. She stated needs not wants need to be considered in the county. Ms. Durfee stated that the School Board Liaison Committee id discussing the school's CIP during its meetings. 10-95 02/10/10 Mr. William Shewmake, a Midlothian District resident, expressed appreciation to the Board for taking on such controversial issues. He urged the Board to advertise a revenue neutral rate which will give citizens an opportunity to voice their opinions on what the county should do with the revenue. Mr. Donald Wilms addressed the Board regarding the budget cuts coming from the state. He stated the county is able to decide the percentage of the tax revenue that is given to the school system. He urged the Board to raise the tax rate to an amount which would cover all the proposed budget cuts. 16. PUBLIC HEARINGS 16.A. TO CONSIDER CHANGING THE ZONING CATEGORY AND FEE FOR THE KEEPING OF DOGS FOR PRIVATE USE Mr. Turner stated this date and time had been advertised for the Board to consider changing the .zoning category and fee for the keeping of dogs for private use. Mr. Gecker called for public comment. Ms. Andrea Epps requested the Board leave the keeping of dogs exception with the BZA. Mr. Bob Herndon spoke in support of allowing the keeping of three dogs countywide. Mr. David Clark spoke in support of allowing the keeping of three dogs in Chesterfield. Ms. Amy Mitchell, a Matoaca District resident, spoke in support of the keeping of three dogs. Ms. Elizabeth Dunham suggested the Board revise the ordinance to allow exceptions for kennels which breed show dogs. Mr. Bill Stewart, a Midlothian District resident and volunteer for BARK, spoke in support of the change to allow the keeping of three dogs in the county. Mr. Carolyn Turner, a volunteer for RAL, spoke in support of the keeping of three dogs in the county. She suggested the county consider scaling the number of dogs allowed to the amount of land. Mr. Warren stated he has a lot of respect for the Board of Zoning Appeals and they take their job very seriously. He further stated he could support the keeping of three dogs in the county. He expressed concerns relative to allowing three dogs in an apartment. He stated it makes sense to review Fairfax County's ordinance relating to the number of dogs allowed to be kept. He further stated he would support Exhibit B. Mr. Holland expressed appreciation to the speakers. He stated he agreed with Mr. Warren and would support the keeping of three dogs in the county. Ms. Jaeckle stated she could support Exhibit B and understands the concern for apartments but most apartment complexes have rules regarding dogs. Ms. Durfee expressed appreciation for the speakers. She stated she had received calls about small lot communities. She further stated she would support Exhibit B. She stated a J J J 10-96 02/10/10 more reasonable fee needs to be assessed to the keeping of four to nine dogs. In response to Mr. Gecker's question,- Mr. Micas stated the County Attorney's office could enforce Exhibit B if adopted. On motion of Mr. Holland, seconded by Ms. Durfee, 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 SECTION 19-301 OF THE ZONING ORDINANCE RELATING TO THE KEEPING OF DOGS FOR PRIVATE USE BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Section 19-301 of the Code of the County of Chesterfield, 1997, as amended, is amended and re-enacted to read as follows: Sec. 19-301. Definitions. 000 Kennel, private: A place where four or more dogs, more than four months old, are kept for private use. 000 C (2) That this ordinance shall become effective immediately upon adoption. Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. 16.B. TO CONSIDER THE CONVEYANCE OF COUNTY PROPERTY FOR THE WIDENING OF ROUTE 10 (I-95 TO WARE BOTTOM SPRINGS ROAD ) C Mr. Stith stated this date and time had been advertised for the Board to consider the conveyance of county property for the widening of Route 10 (I-95 to Ware Bottom Springs Road). 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 the conveyance of county property for the widening of Route 10 (I-95 to Ware Bottom Springs Road) Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. 16.C. TO CONSIDER THE VACATION OF PORTIONS OF A NINETY-FIVE FOOT AND A SEVENTY-FOOT RIGHT OF WAY LOCATED OFF OF WARBRO ROAD Mr. Stith stated this date and time had been advertised for the Board to consider the vacation of portions of a 95-foot and a 75-foot right of way located off of Warbro Road. 10-97 02/10/10 Mr. Gecker called for public comment. Mr. John Cogbill, representing Martin Marietta, requested the Board's support of the request. He expressed appreciation to staff for their assistance through the process. There being no one else to address -the request, the public hearing was closed. On motion of Mr. Warren, seconded by Mr. Holland, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute quitclaim deeds to vacate portions of a 95-foot and 70-foot right of way west of Warbro Road. Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. 17. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED MATTERS Ms. Stella Edwards, President of the County Council of PTAs/PTSAs, urged the Board to alter the tax rate to support the school system. Ms. Deb Dudley addressed the Board regarding the proposed cuts to the school system. She requested the Board increase the real estate tax rate to help fund the school system. Ms. Ann Herndon expressed concerns with the policies at the Animal Shelter. Ms. Kim Granger stated education must be kept as a top priority. She requested the Board increase the real estate tax amount to help fund the school system. Ms. Brenda Stewart addressed the Board regarding the wasteful spending in the school system. Ms. Durfee provided a clarification about where the bulk of the funding for the school system comes from. 18. ADJOURNMENT On motion of Mr. Holland, seconded by Ms. Durfee, the Board adjourned at 7:45 p.m. until February 24, 2010 at 3:00 p.m. in the public meeting room. Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. J J J ~,, .,. James J'. Stegm er f~/County Administrator ~u~--r ~ , Daniel A. Gecker Chairman 10-98 02/10/10