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2010-03-10 MinutesBOARD OF SUPERVISORS MINUTES March 10, 2010 C 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: Mr. Mike Bacile, Dir., Purchasing Ms. Janice Blakley, Clerk to the Board Mr. Kevin Bruny, Chief Learning Officer Ms. Debbie Burcham Exec. Dir., Community Services Board Mr. Joe Campbell, Dir., Juvenile Detention Home Mr. Allan Carmody, Dir., Budget and Management Ms. Jana Carter, Dir., Juvenile Services Ms. Marilyn Cole, Asst. County Administrator Mr. Roy Covington, Dir., Utilities Ms. Deborah Dugger, Dir., Youth Group Home Mr. William Dupler, Building Official Colonel Thierry Dupuis, Police Department Dr. Suzanne Fountain, Asst. Dir., Social Work 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. Tara Kunkel, Drug Court Administrator Mr. Louis Lassister, Dir., Internal Audit Mr. Mike Likins, Dir., Cooperative Extension Ms. Mary Lou Lyle, Acting Deputy County Admin., Management Services Mr. Mike Mabe, Director, Libraries 10-157 03/10/10 Ms. Mary Martin-Selby, Dir. of Human Resource Services Mr. John McCracken, Dir., Transportation Mr. Richard M. McElfish, Dir., Env. Engineering Mr. Steven L. Micas, County Attorney Mr. Jay Payne, Asst. to Dep. County Administrator Ms. Karen Reilly, Comprehensive Services Administrator Chief Edward Senter, Fire Department Mr. Jim Stanley, Security Manager, Environmental & Security Management Ms. Sarah Snead, Acting Deputy County Admin., Human Services Mr. M. D. Stith, Jr., Deputy County Admin., Community Development Mr. Thomas Taylor, Dir., Community Development Block Grant Mr. Richard Troshak, Dir., Emergency Communications Center Mr. Kirk Turner, Dir., Planning J J Mr. Gecker called the regularly scheduled meeting to order at 3:01 p.m. 1. APPROVAL OF MINUTES 1.A. JANUARY 29, 2010 JOINT MEETING WITH SCHOOL BOARD 1.B. FEBRUARY 10, 2010 REGULAR MEETING l.C. AMENDMENT TO NOVEMBER 18, 2009 MINUTES On motion of Ms. Durfee, seconded by Mr. Holland, the Board approved the January 29, 2010 minutes from the joint meeting with the School Board, as submitted; the February 10, 2010 minutes, as submitted; and amended the Board minutes of November 18, 2009, to correct the road distance for the state road acceptance on Brightwalton Road to the actual 0.20 miles. Ayes:. Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. 2. COUNTY ADMINISTRATOR'S COMMENTS 2.A. COUNTY ADMINISTRATOR'S REPORT Mr. Stegmaier stated he was not going to provide an update on projects at this time due to the budget presentations on the agenda. J 10-158 03/10/10 3. BOARD MEMBER REPORTS u C Ms. Durfee stated there were two meetings held in the Matoaca attendance by the citizens. She community meetings scheduled to 22, 2010 at Matoaca High Schc Manchester High School. Comprehensive Plan community District, which had good further stated there are two discuss the budget on March ol, and March 30, 2010 at Mr. Gecker stated there is a community meeting to discuss the budget scheduled for the Midlothian District on March 15, 2010 at 7:00 p.m. at St. Edward's Catholic Church. Mr. Warren stated there is a community meeting to discuss the budget scheduled for the Clover Hill District on March 11, 2010 at 7:00 p.m. at Monacan High School. Mr. Holland stated there is a community meeting to discuss the budget scheduled for the Dale District on March 18, 2010 at 7:00 p.m. at Meadowbrook High School. Ms. Jaeckle stated there are two community meetings to discuss the budget scheduled for the Bermuda District on March 16, 2010 at 7:00 p.m. at Cornerstone Assembly of God at 7:00 p.m. and March 22, 2010 at 10:30 at Chester Baptist Church. 4. REQUESTS TO POSTPONE AGENDA ITEMS AND ADDITIONS, DELETIONS OR CHANGES IN THE ORDER OF PRESENTATION On motion of Ms. Durfee, seconded by Mr. Holland, the Board added Item 8.C.l.e., Resolution Supporting the FY2011 Federal Appropriations Requests, and added Item 8.C.7., Set Public Hearing for Zoning and Subdivision Ordinance Amendments Relating to Residential Lot Sizes in Agricultural Zones. Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. 5. RESOLUTIONS There were no Resolutions at this time. 6. WORK SESSIONS 6.A. PROPOSED FY2011 BUDGET 6.A.1. HUMAN SERVICES Ms. Snead provided an overview of funding for the Human Services Division including anticipated changes from FY2010 to FY2011. She stated the total reduction for the FY2011 budget is $5.4 million with 83 fewer positions over the last two years. She further stated the programs of the Human Services Division address the health, welfare and safety of the county's citizens, often the most vulnerable. She stated the programs also target the recreation, cultural and educational needs of the community. She reviewed some of the 10-159 03/10/10 accomplishments of Parks and Recreation, Mental Health Support Services, Youth Planning and Development, Chesterfield County Health District, Social Services and Libraries. She provided a breakdown of the contacts made with citizens by the Human Services Division. She stated the Adult Drug Court manages the second highest drug court caseload and the Juvenile Drug Court treats the second highest average daily population in the state. She further stated the drug courts are more cost effective than incarceration. She stated the Parks and Recreation Department had over 4 million visitors to the parks in FY2009, with over 30,000 youth and 9,900 adults participating in sports. She further stated the Human Services departments could not achieve the quality, efficiency or have the capacity to meet the service demands without the many partnerships throughout the community. She provided a breakdown of the caseloads for employees in Mental Health Support Services. She stated in spite of serving as many persons as possible, long wait lists persist for most of the services offered by Mental Health Support Services. She further stated the workloads in Social Services are increasing dramatically due to the economy with a growth of 56 percent over the last five years. She stated the employees of the Human Services Division have an absolute commitment to providing the most efficient, effective and cost conscious programs possible for the citizens. She further stated the division was guided by the following principles while developing department budgets: critical to continue to provide the core or critical services and programs; innovation and creativity is more critical than ever while approaching the budget deficit; reduce the budget, and where possible to impact the least number of citizens;', and to continue to improve processes wherever possible to become more efficient. She stated the Human Services budget reductions were developed without knowing the outcome or impact of the General Assembly decisions. She further stated the proposed reductions in Parks and Recreation will have some of the most significant impacts on citizens using the programs with a total reduction of $1.9 million, which is a 17.5 percent reduction in local funding. She stated there are many organizations that are offering ways to minimize the impacts of the program eliminations and facility closures. She reviewed the proposed budget reductions for Mental Health Support Services and the Libraries. She stated the Library System, Parks and Recreation and Mental Health Services are faced with the largest dollar reductions. She provided details of process improvements which resulted in both financial savings and program improvements. She stated the presentation provides a brief overview of some of the departments within the Human Services Division specific to budget reductions and the impact. She expressed appreciation to the members of the Board for their support and to the staff of the Human Services Division for the dedication and commitment. In response to Mr. Warren's question, Ms. Snead stated approximately 20,000 citizens visit the Rockwood Nature Center each year. She further stated the Rockwood Nature Center is staff's number one priority if funding is available. In response to Ms. Jaeckle's questions, Ms. Snead stated elimination of the adult athletic programs and outdoor J J J 10-160 03/10/10 adventure nature programs does not include the loss of revenue. She further stated there would be additional loss of revenue. She stated the reduction to Access Chesterfield services was $150,000, which would eliminate the trips for the users which are not critical. She further stated there are currently over 3,000 persons registered to use Access Chesterfield, who use the voucher program to help pay for a portion of the trip. 0 Ms. Durfee expressed appreciation for the well thought-out and documented presentation. She stated the county needs to keep in mind the continued emphasis on the deep history of Chesterfield, especially with the upcoming events as the county celebrates 400 years. She further stated the history of the county also brings in economic development. Ms. Snead stated the history programs are one of staff's priorities, if there is an ability to reinstate some of the funding. She further stated the Historical Society has provided a proposal to partner with the county for the historical programs. Mr. Holland expressed appreciation for the hard work of the employees of the Human Services Division. He further expressed concerns relative to the elimination of services in the community which affect large numbers of citizens. He stated the parks in the county had 4.2 million visits and the county has made an investment in the parks via the bond referendum. He expressed concerns relative to the reductions in the Parks and Recreation Department despite the investment that has been made. He stated the elimination of adult athletic programs leads the citizens towards a sedentary society which is the opposite of what is trying to be done with regard to our youth. He requested information on the number of visitors who use the libraries on Thursdays. He inquired whether one library could be left open if libraries were to close on Thursdays. Ms. Snead stated the requested information on the usage of the libraries would be provided to the Board. Mr. Gecker stated the proposed reductions in the presentation are the County Administrator's view of what should be cut. He further stated the Board has a desire to keep programs that have a higher citizen impact, perhaps at the expense of some programs that have lesser citizen impact. He stated the Budget and Audit Committee continues to look through the administrative services of the county, the portion which supplies services in house as opposed to the public, for ways to reduce in order to keep more of the services that are consumer directed. He further stated the decisions to be made get harder unless the Board has information on a timely basis. In response to Mr. Gecker's question, Ms. Snead stated she and Mr. Golden will work with the groups who are willing to partner with the county to assist with the programs proposed for elimination, to receive a timeline to present to the Board. She further stated all of the groups understand the need to work quickly. 10-161 03/10/10 Mr. Decker requested more information on the proposed reduction line items to be made more accessible to the public. Ms. Snead stated more detailed information would be provided to the Board members on each of the Mental Health lines. Mr. Decker suggested placing the information regarding the proposed budget cuts on the website in line item detail in order to get basic information to the public as to what is being proposed in time for citizens to react . He stated if the information is not provided to the public, the Board may not receive the appropriate level of feedback from the public as to what should be reconsidered. Ms. Snead stated she would work to see what additional detailed information would be helpful to those making decisions and to make them more transparent. Mr. Decker stated keeping children busy after school helps in keeping them out of trouble. He further stated when utilizing numbers for one program which may be reduced, it is fair to look for the same type of information for other proposed reductions. In response to Mr. Decker's question, Ms. Snead stated there are approximately 10,000 participants in adult recreation programs. Discussion ensued relative to the correlation between outdoor programs and keeping children out of trouble. Mr. Holland expressed concerns about the statistics used in relation to the drug courts and the work that SAFE is doing within the community. In response to Mr. Holland's question, Ms. Snead stated Mr. Golden and his staff are the primary contacts for the partner organizations. She further stated she will provide a list to the Board of all of the organizations with which the county is working. Mr. Holland stated 15 percent of the Parks and Recreation Department's positions being eliminated is high. He expressed concerns relative to cuts when people are cut because preserving jobs is a high priority to him. Ms. Durfee stated there were over 200 at the last Parks and Recreation Advisory Commission meeting, so there are obviously a lot of people in the county who are interested in the programs offered by Parks and Recreation. She further stated it would be good to get a list of the high priority areas that citizens spoke about during the meeting to the Board. She inquired about the investment made in the Parks and Recreation Department over the last 5 to 10 years versus the significant cuts. Mr. Warren congratulated Ms. Snead on the wonderful job she is doing with the Human Services Division. He stated the budget seems to be imbalanced away from senior adults. He further stated the history and adult programs in the county are very important. He requested a breakdown of the number of users for each item proposed to be cut. J J J 10-162 03/10/10 Ms. Snead stated she will provide the requested information to the Board. She further stated she will incorporate information on how much of the costs are borne by volunteers to help offset the costs to the county. ^i C Ms. Jaeckle stated children that are involved in outdoor activities are the ones that are more likely to be successful in school and least likely to get into trouble. She further stated the county spends a small amount of money in Parks and Recreation in order to keep our community engaged. She stated the county does not want to lose the adult and older populations without children because they do not cost the county any additional money. 6.A.2. COMMUNITY DEVELOPMENT Mr. Stith presented an overview of Community Development's FY2011 proposed budget. He stated the Community Development Division services the citizens, the business community, Fort Lee and county departments. He reviewed the accomplishments and departmental reductions of the Revitalization, Building Inspections, Economic Development, Environmental Engineering, Planning, Transportation, and Utilities Departments. He then reviewed the proposed user fee increases for the Utilities Department. He stated the Economic Development Department has announced new investments of $162 million. He thanked the Board for its continued support. In response to Ms. Durfee's question, Mr. Stith stated the user fees for water and wastewater connections were adjusted in 2009. 6.A.3. COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM Mr. Thomas Taylor presented an overview of the FY2011 budget for the Community Development Block Grant (CDBG) and HOME Investment Partnership Fund. He reviewed the uses for grants received and the statutory goals, national objectives and local priorities of the programs. He provided information on the disbursements made in each district from the programs. He reviewed the FY2009-FY2010 non-housing projects which were funded by the programs. He then reviewed the accomplishments of the CDBG and HOME programs, which includes 37 housing projects completed. He stated the program provided public service activities to more than 22,190 county residents. He further stated 961 code enforcement violations were corrected. He provided FY2010-FY2011 proposed budget totals for CDBG and HOME Investment Partnership Fund. He reviewed FY2010-FY2011 CDBG funding requests and recommendations in the categories of Code Enforcement, Economic Development, Housing, Public Service, and Planning and Administration. Mr. Holland expressed concern relative to the disparity in the amount of CDBG funds allocated across the districts. In response to Ms. Durfee, the Board with a breakdown been spent over the last 10 7. DEFERRED ITEMS Mr. Taylor stated he would provide of how the investment monies have years. There were no Deferred Items at this time. 10-163 03/10/10 8. NEW BUSINESS 8.A. APPOINTMENTS On motion of Ms. Durfee, seconded by Mr. Holland, the Board suspended its rules to allow simultaneous nomination/ appointment of members to serve on the Substance Abuse Free Environment (SAFE) Board of Directors and the Sustain Our Communities Committee. Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. 8.A.1. SAFE BOARD OF DIRECTORS On motion of Ms. Durfee, seconded by Mr. Holland, the Board simultaneously nominated/appointed Mr. Richard T. Chance to serve on the Substance Abuse Free Environment (SAFE) Board of Directors, whose term is effective immediately and ends on September 30, 2012. Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. 8.A.2. SUSTAIN OUR COMMUNITIES COMMITTEE On motion of Ms. Durfee, seconded by Mr. Warren, the Board simultaneously nominated/appointed Mr. Paul Grasewicz to serve on the Sustain Our Communities Committee, whose term is effective immediately and expires on December 31, 2012. Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. 8.B. STREETLIGHT INSTALLATION COST APPROVALS On motion of Ms. Durfee, seconded by Mr. Holland, the Board deferred the following streetlight .installation to April 14, 2010: MATOACA DISTRICT: In the Baileys Grove subdivision: • Baileys Grove Drive, vicinity of 21137/21143 Cost to install streetlight: $2,633.24 • Baileys Grove Drive and Baileys Path Road Cost to install streetlight: $2,151.49 Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. On motion of Ms. Durfee, seconded by Mr. Holland, the Board approved the following streetlight installation cost approval: J J J 10-164 03/10/10 MIDLOTHIAN DISTRICT: C u At the entrance to Midlothian Wood Condominiums: • Le Gordon Drive and Midlothian Wood Boulevard, on the existing pole Cost to install streetlight: $1,037.31 Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. 8.C. CONSENT ITEMS 8.C.1. ADOPTION OF RESOLUTIONS 8.C.i.a. RECOGNIZING MARCH 2010, AS "PURCHASING MONTH" On motion of Ms. Durfee, seconded by Mr. Holland, the Board adopted the following resolution: WHEREAS, the purchasing and materials management profession has a significant role in the quality, efficiency and profitability of business and government throughout the United States; and WHEREAS, the purchasing and materials management professionals, through their combined purchasing power, spend $700 billon every year and have a significant influence upon economic conditions in our community and throughout the world;. and WHEREAS, in addition to the purchase of goods and services, the purchasing and materials management profession engages in or has direct responsibility for functions such as executing, implementing and administering contracts; developing forecast and procurement strategies; supervising and/or monitoring the flow and storage of materials; and developing working relations with suppliers and with other departments within the organization; and WHEREAS, Chesterfield County is a leader in developing and promoting a purchasing system of equality and integrity that maximizes the value of public funds and provides fair and equitable treatment to all persons involved in public purchasing; and WHEREAS, governmental purchasing and other associations around the world are sponsoring activities and special events to further educate and inform the general public on the role of purchasing within business, industry and government. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors hereby recognizes the month of March 2010, as "Purchasing Month" in Chesterfield County and encourages all citizens to join in commemorating this observance. Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. 10-165 03/10/10 8.C.l.b. RECOGNIZING MARCH 14-20, 2010, AS "INHALANTS AND POISONS AWARENESS WEEK" On motion of Ms. Durfee, seconded by Mr. Holland, the Board adopted the following resolution: WHEREAS, there are over 1,400 products such as gasoline, propane, correction fluid, aerosols, computer dusters and nitrous oxide that are widely available, inexpensive, and can be misused by inhaling their fumes to produce a state of intoxication; and WHEREAS, data from the National Institute for Drug Abuse and the Partnership for a Drug-Free America has shown that more than 2 million children in the United States experiment with inhalants each year but nine out of ten parents are unaware or deny that their children have abused inhalants; and WHEREAS, a child can immediately die from Sudden Sniffing Death Syndrome the very first, or any, time he or she experiments with an inhalant or suffer damage to the brain and other organs; and WHEREAS, inhalants are abused most frequently by younger adolescents; and WHEREAS, many parents and other adults know very little about inhalant abuse and do not realize that children can die or be severely harmed from such use; and WHEREAS, Substance Abuse Free Environment Inc. (SAFE), Chesterfield County's substance abuse prevention coalition, has been educating students, parents, community members, school staff and others who work with children and adolescents about preventing inhalant abuse; and WHEREAS, SAFE worked with school administrators to ensure student school supply lists specify non-abusable products, creating safer environments at school and at home; and WHEREAS, such efforts have contributed to a 44 percent reduction in inhalant abuse by eighth-graders in Chesterfield County between 2005 and 2007 as measured by the Prevention Needs Assessment Survey; and WHEREAS, inhalant prevention efforts need to be ongoing for greatest effectiveness; and WHEREAS, "National Inhalants and Poisons Awareness Week" is March 14 - 20, 2010. NOW, THEREFORE BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes March 14-20, 2010, as "Inhalants and Poisons Awareness Week" in Chesterfield County and urges all adults to learn more about how to prevent this dangerous practice among our children. Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. J J J 10-166 03/10/10 8.C.l.C. RECOGNIZING MR. MAX PEARSON ON HIS 90TH BIRTHDAY AND FOR HIS MANY BUSINESS ACCOMPLISHMENTS IN CHESTERFIELD COUNTY u On motion of Ms. Durfee, seconded by Mr. Holland, the Board adopted the following resolution: WHEREAS, Mr. Max Pearson, a prominent and longtime Chesterfield County business owner, will celebrate his 90th birthday on March 18, 2010; and WHEREAS, Mr. Pearson spent his early years in Mena, Arkansas, where he delivered newspapers for the Mena Star, shined shoes at a local barber shop, played football with the Bearcats, and first base on the Mena Travelers baseball team; and WHEREAS, Mr. Pearson demonstrated his entrepreneurial spirit early in life when he became the owner-operator of a Gulf gas station in Mena when he was only 18 years of age; and WHEREAS, Mr. Pearson sold that business in the spring of 1940 and played minor-league baseball in the Cotton States League; and WHEREAS, that same year, Mr. Pearson served with the National Guard at Ft. Sill, Oklahoma; and WHEREAS, Mr. Pearson returned from Ft. Sill and shortly thereafter, hitchhiked to Memphis, Tennessee, to join the U.S. Navy; and WHEREAS, when he was discharged after his service in the Navy, Mr. Pearson was in Washington, D.C., and in need of employment, and so began driving a taxi cab; and WHEREAS, by the time he had turned 25 years of age, Mr. Pearson was the owner of the Arlington Yellow Cab Company, which he later sold to start a career as a manager and agent for jockeys at most of the major race tracks from New England to Florida; and WHEREAS, Mr. Pearson and his wife, Billie, had two children, and when his son was old enough to start school in 1952, Mr. Pearson stopped traveling and began selling real estate in Arlington, Virginia, and after two years, formed his own company, Pearson Properties, and an affiliated building company; and WHEREAS, in 1963, Mr. Pearson acquired and built a new Volkswagen dealership in Arlington, and soon afterwards, a Chrysler-Plymouth dealership in Richmond, Virginia; and WHEREAS, in 1965, after acquiring a Honda franchise, Mr. Pearson began building numerous other dealership holdings, and currently is chairman of Pearson Honda, Pearson Hyundai, Pearson Mitsubishi, Pearson Pre-Owned and Pearson AutoMax in Chesterfield County, and seven other dealerships in Henrico County, Virginia, and in Florida; and WHEREAS, Mr. Pearson also has many other holdings outside of the automobile industry; and 10-167 03/10/10 WHEREAS, Max Pearson, the young man who showed an early talent for establishing successful businesses, has become a respected leader in the automotive industry and was the first appointee to the Virginia Motor Vehicle Dealer Board when then-Governor Jim Gilmore named him to that board; and WHEREAS, the Chesterfield County Board of Supervisors, on behalf of the residents of Chesterfield County, appreciates Mr. Pearson's many contributions to the economy in Chesterfield County and the region; and WHEREAS, the auspicious occasion of his 90th birthday provides an opportune time to express that appreciation to Mr. Pearson. NOW, THEREFORE, BE IT RESOLVED that the .Chesterfield County Board of Supervisors, on behalf of all Chesterfield County residents, recognizes Mr. Max Pearson and extends sincere appreciation for his many investments in Chesterfield County over the years, and all best wishes for a happy 90th birthday, and many more. Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. 8.C.l.d. RECOGNIZING MS. JACQUELYN R. HILL UPON HER RETIREMENT On motion of Ms. Durfee, seconded by Mr. Holland, the Board adopted the following resolution: WHEREAS, Ms. Jacquelyn R. Hill will retire on April 30, 2010 after providing twenty-eight years of dedicated and faithful service to Chesterfield County; and WHEREAS, Ms. Hill began her career with the Chesterfield County Department of Mental Health Support Services in August 1981 as a Clinical Social Work Intern, and was hired as a Rehabilitation Counselor II on June 1, 1982, promoted to Mental Health Clinician in 1984, Senior Mental Health Clinician in 1985, Outpatient Mental Health Services Supervisor in 1989, Acting Outpatient Services Manager in 1990, and Adult and Emergency Services Supervisor in 2004; and WHEREAS, Ms. Hill provided counseling services to countless Chesterfield County citizens, and clinical supervision that expertly guided the work of staff in Outpatient Services and other programs including Children and Adolescence Services Team, Chester House, Family Intervention Program, and Social Services; and has been regarded as an outstanding practitioner and model for exemplary professional practice; and established an impeccable reputation for excellence in all facets of her work; and was recognized as a leader throughout the organization, receiving Employee of the Year on two occasions; and WHEREAS, Ms. Hill served as the coordinator of Chesterfield Community Services Board's dynamic student program for 14 years, overseeing the training of graduate students and interns; and served as liaison to the Social J J J 10-168 03/10/10 Work Department at Virginia Commonwealth University; and served on the VCU Social Work Field Instructor's Advisory Board, providing exceptional leadership and guidance to students and field supervisors; and u WHEREAS, Ms. Hill promoted efficiency through her superior organizational skills, attention to .detail, and initiative for developing documentation manuals for students, trainees and staff, streamlining processes whenever possible, and continuously seeking ways to improve the quality of services; and leadership in all of these endeavors; and WHEREAS, Ms. Hill served with distinction on countless inter-disciplinary teams, including the interagency Sex Abuse Task Force, Diversity Advisory Group, Peer Review. Committee, Immediate Services Team, and countless other collaborative team projects; coordinated the NACo award winning medication group program, and developed an innovative and effective Psychiatric Rehabilitative Services consult program, demonstrating excellent team work skills and exceptional WHEREAS, Ms. Hill established a reputation for maintaining a high degree of professionalism while communicating warmth, care, understanding, sensitivity and respect for others, and prompt, reliable service to consumers and staff, demonstrating leadership in recognizing the accomplishments of others and celebrating success; and WHEREAS, Ms. Hill will be sorely missed for her professional contributions and her commitment to the high quality of services provided to those served by the Chesterfield Department of Mental Health Support Services. NOW, •THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors recognizes the contributions of Ms. Jacquelyn R. Hill, and extends its appreciation for her twenty eight years of dedicated 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. 8.C.l.e. SUPPORTING THE FY2011 FEDERAL APPROPRIATIONS REQUESTS C On motion of Ms. Durfee, seconded by Mr. Holland, the Board adopted the following resolution: WHEREAS, Chesterfield County submits funding requests to our federal legislators each year under the federal appropriations process; and WHEREAS, the county has received more than $6.8 million in funding from the appropriations process since 2004 for various programs including transportation, technology, public safety and human services; and WHEREAS, Chesterfield County is submitting requests for funding consideration under the federal fiscal year 2011 appropriations process for the following programs: Route 10 10-169 03/10/10 Widening (Bermuda Triangle To Meadowville) - $19,000,000; Public Safety Response Systems Replacement - $20,000,000; Enon Combined Public Safety Training Support Building - $ 9,600,000; Route 360 Widening (Winterpock to Woodlake Village Parkway) - $12,000,000; and WHEREAS, in addition the county is seeking funding through the U.S. Army Corps of Engineers, Aquatic Control Program for the Swift Creek Reservoir Hydrilla Control Program - $2,920,000. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors hereby supports funding for the above named projects under the 2011 federal appropriations process and submits said projects to our federal legislators for consideration. Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. 8.C.2. REQUEST FOR PERMISSION FROM HERMAN P. SCHLIMMER, JR. FOR A PROPOSED FENCE TO ENCROACH WITHIN A SIXTEEN- FOOT EASEMENT, TEN-FOOT TEMPORARY CONSTRUCTION EASEMENT AND A FIFTY-FOOT GREENWAY EASEMENT ACROSS LOT 13, BLOCK J, WALTHALLMILL, SECTION 4 On motion of Ms. Durfee, seconded by Mr. Holland, the Board approved the request for permission from Herman P. Schlimmer, Jr. for a proposed fence to encroach within a 16-foot easement, 10-foot temporary construction easement and a 50- foot greenway easement across Lot 13, Block J, Walthallmill, Section 4, subject to the execution of a license agreement. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Nays: 8.C.3. Gecker, Holland, Jaeckle, Warren, and Durfee. None. TRANSFER OF DISTRICT IMPROVEMENT FUNDS 8.C.3.a. FROM THE DALE DISTRICT IMPROVEMENT FUND TO THE SCHOOL BOARD TO PURCHASE ONE "COMPUTER ON WHEELS" FOR HENING ELEMENTARY SCHOOL On motion of Ms. Durfee, seconded by Mr. Holland, the Board transferred $2,750 in Dale District Improvement Funds to the Chesterfield County School Board to purchase one "Computer on Wheels" for J.G. Hening Elementary School. Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. 8.C.3.b. FROM THE BERMUDA, CLOVER HILL, DALE, MATOACA AND MIDLOTHIAN DISTRICT IMPROVEMENT FUNDS TO THE SCHOOL BOARD FOR POST-PROM CELEBRATIONS On motion of Ms. Durfee, seconded by Mr. Holland, the Board transferred $1,800 from the Bermuda District Improvement Fund, $2,800 from the Clover Hill District Improvement Fund, J J J 10-170 03/10/10 $800 from the Dale District Improvement Fund, $2,800 from the Matoaca District Improvement Fund, and $2,300 from the Midlothian District Improvement Fund to the Chesterfield County School Board for drug- and alcohol-free post-prom celebrations. C 0 C Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. 8.C.4. DESIGNATION OF A WELL LOT AT GRANGE HALL ELEMENTARY SCHOOL On motion of Ms. Durfee, seconded by Mr. Holland, the Board designated a well lot at Grange- Hall Elementary School and authorized the County Administrator to execute the Declaration. (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.5. STATE ROAD ACCEPTANCE On motion of Ms. Durfee, seconded by Mr. Holland, the Board adopted the following resolution: WHEREAS, the streets described below are shown on plats recorded in the Clerk's Office of the Circuit Court of Chesterfield County; and WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised this Board the streets meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation. NOW, THEREFORE, BE IT RESOLVED, that this Board requests the Virginia Department of Transportation to add the streets described below to the secondary system of state highways, pursuant to Section 33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements. 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: Silver Mews Section A Z~-pe 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 • Silver Mews Lane, State Route Number 7462 Old Route Number: 0 From: Conifer Rd., (Rt. 640) To: Silver Mist Av., (Rt. 7463), a distance of Recordation Reference: Pb. 190 Pg. 46 Right of Way width (feet) = var 10-171 Addition 0.15 miles. 03/10/10 • Silver Mist Avenue, State Route Number 7463 Old Route Number: 0 From: Silver Mews Ln, (Rt. 7462) To: Temp EOM, a distance of: 0.03 miles. Recordation Reference: Pb. 190 Pg. 46 Right of Way width (feet) = var • Silver Mist Avenue, State Route Number 7463 Old Route Number: 0 From: Silver Mews Ln, (Rt. 7462) To: Spratling Wy., (Rt. 7464), a distance of: 0.12 miles. Recordation Reference: Pb. 190 Pg. 46 Right of Way width (feet) = var • Silver Mist Avenue, State Route Number 7463 Old Route Number: 0 From: Spratling Wy., (Rt. 7464) To: Temp EOM, a distance of: 0.04 miles. Recordation Reference: Pb. 190 Pg. 46 Right of Way width (feet) = var • Spratling Way, State Route Number 7464 Old Route Number: 0 From: Silver Mist Av., (Rt. 7463) To: Spratling Ct., (Rt. 7465), a distance of: 0.08 miles. Recordation Reference: Pb. 190 Pg. 46 Right of way width (feet) = 47 • Spratling Court, State Route Number 7465 Old Route Number: 0 From: Spratling Wy., (Rt. 7464) To: Cul-de-sac, a distance of: 0.04 miles. Recordation Reference: Pb. 190 Pg. 46 Right of way width (feet) = 47 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. J J J 10-172 03/10/10 Project: Swift Creek Estates Section 1 Type Change to the Secondary System of State Additioa Reason for Change: New subdivision street Pursuaat to Code of Virginia X33.1-229 Street Name aad/or Route • John Nliastoa Jones Parkway, State Route Number 5716 u Old Route Number: 0 From: 0.06 miles east of Matoaca High School., (Rt. 9086) To: Amonte Py., (Rt. 7466), a distance of: 0.41 miles. Recordation Reference: Pb. 164, Pg 75 & Db 3909, Pg 65 Right of Way width (feet) = 50 • Amoate Parkway, State Route Number 7466 Old Route Number: 0 From: John Winston Jones Py., (Rt. 5716) To: Creekbed Rd., (Rt. 7470), a distance of: 0.11 miles. Recordation Reference: Pb. 164, Pg 75 & Db 3909, Pg 65 Right of Way width (feet) = var • Creekbed Road, State Route Number 7470 Old Route Number: 0 From: Amonte Py., (Rt. 7466) To: Round Rock Rd., (Rt. 7471), a distance of: 0.27 miles. Recordation Reference: Pb. 164, Pg 75 & Db 3909, Pg 65 Right of Way width (feet) = 44 • Creekbed Road, State Route Number 7470 Old Route Number: 0 From: Round Rock Rd., (Rt. 7471) To: Cul-de-sac, a distance of: 0.14 miles. Recordation Reference: Pb. 164, Pg 75 & Db 3909, Pg 65 Right of Way width (feet) = 40 • Round Rock Road, State Route Number 7471 Old Route Number: 0 From: Creekbed Rd., (Rt. 7470) To: Round Rock PL., (Rt. 7473), a distance of: 0.16 miles. Recordation Reference: Pb. 164, Pg 75 & Db 3909, Pg 65 Right of Way width (feet) = 44 • Round Rock Place, State Route Number 7473 Old Route Number: 0 From: Round Rock Rd., (Rt. 7471) To: Cul-de-sac, a distance of: 0.11 miles. Recordation Reference: Pb. 164, Pg 75 & Db 3909, Pg 65 Right of Way width (feet) = 40 • Rouad Rock Road, State Route Number 7471 Old Route Number: 0 From: Creekbed Rd., (Rt. 7470) Old Route Number: 0 From: Round Rock Pl., (Rt. 7473) To: Cul-de-sac, a distance of: 0.04 miles. Recordation Reference: Pb. 164, Pg 75 & Db 3909, Pg 65 Right of Way width (feet) = 44 • Round Rock Road, State Route Number 7471 10-173 03/10/10 To: Round Rock Ct., (Rt. 7472), a distance of: 0.11 miles. Recordation Reference: Pb. 164, Pg 75 & Db 3909, Pg 65 Right of Way width (feet) = 40 • Round Rock Court, State Route Number 7472 Old Route Number: 0 From: Round Rock Rd., (Rt. 7471) To: Cul-de-sac, a distance of: 0.05 miles. Recordation Reference: Pb. 164, Pg 75 & Db 3909, Pg 65 Right of Way width (feet) = 40 • Round Rock Road, State Route Number 7471 Old Route Number: 0 From: Round Rock Ct., (Rt. 7472) To: Cul-de-sac, a distance of: 0.07 miles. Recordation Reference: Pb. 164, Pg 75 & Db 3909, Pg 65 Right of Way width (feet) = 40 • Amonte Parkway, State Route Number 7466 Old Route Number: 0 From: Creekbed Rd., (Rt. 7470) To: Simmons Branch Rd., (Rt. 7467), a distance of: 0.19 miles. Recordation Reference: Pb. 164, Pg 75 & Db 3909, Pg 65 Right of Way width (feet) = 90 • Amonte Parkway, State Route Number 7466 Old Route Number: 0 From: Simmons Branch Rd., (Rt. 7467) To: Cul-de-sac, a distance of: 0.07 miles. Recordation Reference: Pb. 164, Pg 75 & Db 3909, Pg 65 Right of Way width (feet) = 90 • Simmons Branch Road, State Route Number 7467 Old Route Number: 0 From: Amonte Py., (Rt. 7466) To: Simmons Branch Ct., (Rt. 7468), a distance of: 0.07 miles. Recordation Reference: Pb. 164, Pg 75 & Db 3909, Pg 65 Right of Way width (feet) = 50 • Simmons Branch Court, State Route Number 7468 Old Route Number: 0 From: Simmons Branch Rd., (Rt. 7467) To: Cul-de-sac, a distance of: 0.05 miles. Recordation Reference: Pb. 164, Pg 75 & Db 3909, Pg 65 Right of Way width (feet) = 40 • Simmons Branch Terrace, State Route Number 7469 Old Route Number: 0 From: Simmons Branch Rd., (Rt. 7467) To: Cul-de-sac, a distance of: 0.23 miles. Recordation Reference: Pb. 164, Pg 75 & Db 3909, Pg 65 Right of Way width (feet) = 40 Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. J J J 10-174 03/10/10 8.C.6. AWARD OF CONTRACT TO KPMG LLP FOR FINANCIAL AUDIT SERVICES C On motion of Ms. Durfee, seconded by Mr. Holland, the Board authorized the County Administrator to enter into a contract with KPMG LLP for financial auditing services. Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. 8.C.7. SET PUBLIC HEARING FOR ZONING AND SUBDIVISION ORDINANCE AMENDMENTS RELATING TO RESIDENTIAL LOT SIZES IN AGRICULTURAL ZONES On motion of Ms. Durfee, seconded by Mr. Holland, the Board referred zoning and subdivision ordinance amendments relating to residential lot sizes in agricultural zones to the Planning Commission; directed the Commission to hold a public hearing and make its recommendation to the Board of Supervisors no later than April 20, 2010; and set the Board of Supervisors' public hearing for such amendments for April 28, 2010. Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. 9. REPORTS 9.A. REPORT ON STATUS OF GENERAL FUND BALANCE, RESERVE FOR FUTURE CAPITAL PROJECTS, DISTRICT IMPROVEMENT FUNDS AND LEASE PURCHASES On motion of Ms. Durfee, seconded by Mr. Holland, 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. 10. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED MATTERS Ms. Amy Pruitt requested the Board not reduce the funding for Mental Health. Ms. Heather Hart requested the Board to continue analyzing the budget of the School Board. 11. DINNER MEETING AT 5:00 P.M. IN ROOM 502 WITH MEMBERS OF THE COMMUNITY SERVICES BOARD On motion of Ms. Durfee, seconded by Mr. Holland, the Board recessed to the Lane B. Ramsey Administration Building, Room 502, for dinner with members of the Community Services Board. Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. 10-175 03/10/10 COMMUNITY SERVICES BOARD Mr. Mike Giancaspro, Chairman of the Community Services Board, provided the Board with information on the FY2011- FY2012 budget reduction impacts on the Community Services Board. Discussion ensued relative to Access Chesterfield and the use of emergency medical records. It was generally agreed that the Board recess to the Public Meeting Room for the evening session. Reconvening: 12. INVOCATION Mr. Larry Trotter, Minister in Training, Tabernacle Baptist Church, gave the invocation. 13. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Eagle Scout Francis "William" Ronnau IV led the Pledge of Allegiance to the Flag of the United States of America. 14. RESOLUTIONS 14.A. RECOGNIZING THE CHESTERFIELD ALUMNAE CHAPTER OF DELTA SIGMA THETA SORORITY, INCORPORATED FOR FIFTEEN YEARS OF OUTSTANDING SERVICE TO THE COMMUNITY Mr. Kappel introduced members of the Chesterfield Alumnae Chapter of Delta Sigma Theta Sorority, Incorporated, who were present to receive the resolution. On motion of Mr. Holland, seconded by Ms. Durfee, the Board adopted the following resolution: WHEREAS, the Chesterfield Alumnae Chapter of Delta Sigma Theta, Inc. promotes sisterhood, scholarship, and service, and the promotion of Christian values throughout Chesterfield County; and WHEREAS, the organization's public service is centered around its Five-Point Program Thrust, which includes: Mental and Physical Health, International Awareness and Involvement, Economic Development, Political Awareness and Involvement, and Educational Development; and WHEREAS, their community service work includes voter registration drives, census awareness, educational symposiums, restoration of rights forums, gubernatorial debates, healthy lifestyles workshops, HIV awareness, Habitat for Humanity, Bright Beginnings, Adopt-A-School, CARITAS, and the Gift of Reading, to name just a few; and J J J 10-176 03/10/10 WHEREAS, the Chesterfield Alumnae Chapter on an annual basis gives thousands of dollars in scholarship funds to Chesterfield County high school students; and C ^i WHEREAS, the Chesterfield Alumnae. Chapter has performed its many public service projects in Chesterfield County, and it is fitting that the County of Chesterfield recognize the work of this special group of college educated, African American women. NOW THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 10th day of March 2010, publicly recognizes the outstanding community service of the Chesterfield Alumnae Chapter of Delta Sigma Theta Sorority, Inc., congratulates the members on 15 years of uninterrupted service; and offers unanimous accolades of praise and tribute for their commitment to excellence in service. Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. Mr. Holland presented the executed resolution to the members of the Chesterfield Chapter of the Delta Sigma Theta Sorority and expressed appreciation for their work in the community. The members of the Delta Sigma Theta Sorority expressed appreciation for the resolution and invited the Board members to attend the 2nd Annual Community Day at the Asbury United Methodist Church. 14.B. RECOGNIZING BOY SCOUTS UPON ATTAINING THE RANK OF EAGLE SCOUT 14.B.1. FRANCIS WILLIAM RONNAU IV, MIDLOTHIAN DISTRICT 14.B.2. MILES PENDLETON JONES, MIDLOTHIAN DISTRICT 14.B.3. ROBERT DONALD REINER, MIDLOTHIAN DISTRICT 14.B.4. ANDREW MICHAEL REINER, MIDLOTHIAN DISTRICT 14.B.5. JONATHAN BARNES HESTER, MIDLOTHIAN DISTICT Mr. Kappel introduced Mr. Francis William Ronnau IV, Mr. Robert Donald Reiner, Mr. Andrew Michael Reiner, and Mr. Jonathan Barnes Hester, who were present along with members of their family, to receive their resolutions. On motion of Ms. Durfee, seconded by Mr. Holland, 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, 10-177 03/10/10 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, Mr. Francis William Ronnau IV and Mr. Miles Pendleton Jones, both of Troop 876, sponsored by Mount Pisgah United Methodist Church, and Mr. Robert Donald Reiner and Mr. Andrew Michael Reiner, both of Troop 829, sponsored by Saint Matthias' Episcopal Church, and Mr. Jonathan Barnes Hester, Troop 2842, sponsored by Swift Creek Baptist Church, have accomplished those high standards of commitment and have reached the long-sought goal of Eagle Scout which is received 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 themselves for a role as leaders in society, William, Miles, Rob, Andrew and Jonny have distinguished themselves as members of a new generation of prepared young citizens of whom we can all be very proud. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 10th day of March 2010, hereby extends its congratulations to Mr. Francis William Ronnau IV, Mr. Miles Pendleton Jones, Mr. Robert Donald Reiner, Mr. Andrew Michael Reiner and Mr. Jonathan Barnes Hester and acknowledges the good fortune of the county to have such outstanding young men as its citizens. Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. Mr. Gecker presented the executed resolutions and patches to Mr. Ronnau, Mr. Reiner, Mr. Reiner and Mr. Hester, congratulated them on their achievements and wished them well in future endeavors. Mr. Ronnau, Mr. Reiner, Mr. Reiner and Mr. Hester provided details of their Eagle Scout projects and expressed appreciation for their parents' support. (It is noted Mr. Miles Pendleton Jones was absent from the meeting due to illness.) 15. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED MATTERS Miss Morgan Ledbetter, a former student of Perrymont Middle School, urged the Board not to close Perrymont Middle School. Ms. Katie Demone urged the Board to not reduce the funding for Rockwood Nature Center. She presented ideas to assist with funding for the center. Mr. Omari White, a faculty member at Perrymont Middle School, urged the Board to not close Perrymont Middle School. Mr. Gecker stated the closure of Perrymont Middle School is an operational decision of the School Board. Ms. Judy Stoneman stated the citizens in support of Perrymont Middle School need to rally against the School Board. She further stated citizens need to be educated on the policies of the county. J J J 10-178 03/10/101 16. REQUESTS FOR MANUFACTURED HOME PERMITS AND REZONING PLACED ON THE CONSENT AGENDA TO BE HEARD IN THE FOLLOWING ORDER: - WITHDRAWALS/DEFERRALS - CASES WHERE THE APPLICANT ACCEPTS THE RECOMMENDATION AND THERE IS NO OPPOSITION - CASES WHERE THE APPLICANT DOES NOT ACCEPT THE RECOMMENDATION AND/OR THERE IS PUBLIC OPPOSITION WILL BE HEARD AT SECTION 18 ^+1- C C 05SN0239* (Amended) In Clover Hill Magisterial District, THE CHEATHAM FAMILY LIMITED PARTNERSHIP requests rezoning and amendment of zoning district map from Agricultural (A) to Community Business (C- 3) with Conditional Use to permit multifamily and townhouse uses plus Conditional Use Planned Development to permit exceptions to Ordinance requirements on 63.5 acres fronting approximately 550 feet on the north line of Hull Street Road, also fronting approximately 2,400 feet on the west line of Route 288 and located in the northwest quadrant of the intersection of these roads. Density will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for regional mixed use uses. Tax IDs 733-680-Part of 9439; 734-678-2276; and 734-681-0526 and 3904. Mr. Turner stated the applicant has requested a deferral of Case 05SN0239 to the Board's regularly scheduled March 2011 meeting. Mr. Andy Scherzer, the applicant's representative, requested the Board defer the case to March 2011, to allow the applicant time to work on this project and for the adoption of the Comprehensive Plan. Mr. Gecker called for public comment. Ms. Andrea Epps spoke in support of the deferral request, stating it will allow time for the applicant to meet with the surrounding neighborhoods. Mr. Warren stated he looks forward to the day the plans come together. On motion of Mr. Warren, seconded by Mr. Holland, the Board deferred Case 05SN0239 to the Board's regularly scheduled March 2011 meeting. Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. In response to Ms. Durfee's question, Mr. Gecker stated the request has taken so long because the property is a difficult piece of land and the applicant has been working with Brandermill. ~ncun~a~ In Matoaca Magisterial District, CARRIE E. COYNER requests amendment to zoning (Case 89SN0354) and amendment of zoning district map relative to density and buffers on 165.5 acres 10-179 03/10/10 and conditional use to permit recreational uses on 554.5 acres of a 565.5 acre tract in a Residential (R-15) District fronting 1650 feet on the west line of Old Hundred Road, 1430 feet south of Scottwood Road. Density will be controlled by zoning conditions or ordinance standards. The Comprehensive Plan suggests the property is appropriate for residential use of 2.0 units per acre or less and conservation/recreation use. Tax IDs 710-696-7117; 712-697-6782; 713-697-2740, 3955, 5464, 6081, 6696; 713-698-7012, 7633, 8049, 8663, 8978, 9896; 714-699-0616, 0735, 0750, 0862, 2778, 4697; 714-700-6005 and 7711; and 714-701-2019. Mr. Turner presented a summary of Case lOSN0142 and stated the Planning Commission and staff recommended approval subject to the conditions and acceptance of the proffered conditions. Ms. Carrie Coyner, the applicant's representative, requested the Board approve the three amendments to the previous zoning case as requested. She stated the amendments are clean up issues to assist the developer in developing the property. She further stated this development will provide housing for all citizens. She provided details for each of the requested changes. Mr. Gecker called for public comment. There being no one to address the request, the public hearing was closed. Ms. Durfee expressed concerns relative to the request to remove the buffer line that is on the perimeter between the old Hallsley Project and the Woodle property without some sort of language provided for tree preservation. On motion of Ms. Durfee, seconded by Mr. Holland, the Board deferred Case lOSN0142 to April 28, 2010. Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. lOSN0185 In Bermuda Magisterial District, SHARON R. AND ALBERT F. BAKER request renewal of manufactured home permit 035R0263 to permit a temporary manufactured home in a Residential (R-7) District on .3 acre known as 10225 Brightwood Avenue. The density of such amendment is approximately 3.3 units per acre. The Comprehensive Plan suggests the property is appropriate for residential use of 2.51 to 4.0 units per acre. Tax ID 794-665-3036. Ms. Sharon R. Baker, the applicant, stated she was in agreement with the recommendations in the report. 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 lOSN0185 subject to the following conditions: J J J 10-180 03/10/10 1. The applicants shall be the owners and occupants of the manufactured home. (P) 2. This manufactured home permit shall be granted for a period not to exceed seven (7) years from date of approval. (P) 3. No additional permanent living space may be added onto this manufactured home. This manufactured home shall be skirted, but shall not be placed on a permanent foundation. (P) Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. lOSN0160 In Dale Magisterial District, KELLY BROD, RYAN HOMES requests Conditional Use and amendment of zoning district map to permit a model home in a Residential Townhouse (R-TH) District on 0.1 acre known as 5509 Belle Pond Drive. Density will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for residential use of 7.01 dwelling units per acre or more. Tax ID 772-692-4559. Mr. Robert Clay presented a summary of Case lOSN0160 and stated the Planning Commission recommended approval and acceptance of the proffered conditions. He further stated staff recommends denial due to the request not conforming to the Plan and being incompatible with area development. Ms. Kelly Brod, the applicant, requested the Board approve the request. In response to Ms. Durfee's request, Ms. Brod stated the property being used is decorated as a home and will be sold once vacated. Mr. Gecker called for public comment. There being no one to address the request, the public hearing was closed. On motion of Mr. Holland, seconded by Ms. Durfee, the Board approved Case lOSN0160 and accepted the following proffered condition: A model home shall be permitted, provided that: (1) In addition to its permanent use as a dwelling, such home may be used as a temporary real estate office for the purpose of marketing Belfair Townhouse subdivision, located along Belrun Road. (2) This temporary real estate office shall be limited to a period of two ( 2 ) years f rom the date of approval of this Conditional Use. 10-181 03/10/10 (3) The dwelling is not the primary real estate office for the company marketing the subdivision. (4) The dwelling is not used as a construction office or for the storage of construction equipment and/or materials. (P) Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. 17. PUBLIC HEARINGS 17.A. 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 Mr. Joseph Feest stated this date and time had been advertised for the Board 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. He presented an overview of the amendments. Mr. Gecker called for public comment. There being no one to address the request, the public hearing was closed. In response to Ms. Durfee's questions, Mr. Feest stated the height of the utility scale wind energy system ranges from 150-feet to 300-feet. He further stated the decision to cap the height of the towers at 75-feet was due to concerns expressed regarding a height of 120-feet being allowed in residential and agricultural districts. He stated limiting the height of the tower will not affect the amount of kilowatts which are generated by the wind energy systems. He further stated a 10-kilowatt system could provide approximately 2/3 of the power needed for an average 1,600 square foot, 3-bedroom home, if there were peak wind conditions. Mr. Holland made a motion, seconded by Ms. Durfee, for the Board to adopt the amendments to the County Code to permit wind energy systems to be located in agricultural, residential, office, commercial and industrial districts with certain restrictions. In response to Mr. Gecker's questions, Mr. Micas stated if the Board wanted to eliminate this use by right in specific districts, a general newspaper advertisement would suffice. Mr. Gecker then called for a vote on the motion of Mr. Holland, seconded by Ms. Durfee 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 19-65, 19-124, 19-131, 19-181, AND 19-301 OF THE ZONING ORDINANCE RELATING TO REQUIREMENTS FOR WIND ENERGY SYSTEMS BE IT ORDAINED by the Board of Supervisors of Chesterfield County: J J J 10-182 03/10/10 (1) That Sections 19-65, 19-124 19-131, 19-181 and 19-301 of the Code of the County of Chesterfield, 1997, as amended, are amended and re-enacted to read as follows: u Chapter 19 ZONING 0 0 0 ARTICLE III.. DISTRICTS 0 0 0 DIVISION 4. R-88 RESIDENTIAL DISTRICT 0 0 0 Sec. 19-65. Uses permitted with certain restrictions. The following uses shall be permitted in the R-88 District subject to compliance with the following conditions and other applicable standards of this chapter. If these restrictions cannot be met, these uses may be allowed by conditional use, subject to section 19-13: 0 0 0 (h) Wind Energy Systems (WES) provided that: (1) WES shall be located on a lot that is a minimum of 5 acres; (2) WES shall be located in the rear yard; (3) WES shall have a rated capacity of no greater than 10 kilowatt hours (kWh); (4) WES shall be limited to one per lot; (5) the tower height (including the blade assembly measured from the highest sweep point) shall not exceed ten (10) feet for each one complete acre of land in the parcel where the WES is to be located, to a maximum of seventy-five (75) feet; (6) no portion of the blade sweep shall extend within twenty (20) feet of the ground; u (7) setbacks from any property line shall be a minimum of two (2) times the tower height including the blades measured from the ground to the highest point of the blade sweep area; (8) WES noise level shall not exceed 60 decibels as measured from the closest property line. The level may be exceeded during short-term events such as utility outages and/or severe wind storms; (9) guy wired or lattice towers shall be prohibited; (10) WES shall not be artificially lighted unless required by the FAA or appropriate authority; 10-183 03/10/10 (11) the base of the WES tower shall incorporate measures to prevent non-authorized personnel from ascending the tower for a distance of 12 feet from grade; (12 ) at such time as the WES ceases to be used for its intended purpose for a period exceeding twelve (12) consecutive months, such WES shall be dismantled, and it and all associated equipment removed from the property; and (13) The applicant shall comply with all applicable federal, state, and local laws, ordinances and regulations. (14) WES may be roof mounted provided that: a. the WES will be mounted to a principal dwelling or accessory structure on the property it is intended to serve, b. the lowest point of the arc of the blade shall be ten feet above the height of the structure being mounted to; and c. the WES height does not exceed height restrictions set forth in section 19-556 for principal and accessory structures. 0 0 0 DIVISION 15. A AGRICULTURAL DISTRICT 0 0 0 Sec. 19-124. Uses permitted with certain restrictions. The following uses shall be permitted in the A District subject to compliance with the following conditions and other applicable standards of this chapter. If the following restrictions cannot be met, these uses may be allowed by conditional use, subject to section 19-13: 0 0 0 (g) Wind Energy System (WES) as specified for R-88 District. 0 0 0 DIVISION 16. O-1 NEIGHBORHOOD OFFICE DISTRICT 000 Sec. 19-131. Uses permitted with certain restrictions The following uses shall be permitted in the O-1 District subject to compliance with the following conditions and other applicable standards of this chapter. If the following restrictions cannot be met, these uses may be allowed by conditional use, subject to section 19-13: J J J 10-184 03/10/10 0 0 0 (1) Wind Energy Systems (WES), provided that: (1) a site plan shall be required in accordance with sections 19-263 to 19-272, as applicable; (2 ) WES shall be located on a lot that is a minimum of 5 acres; ^i (3) the height of the tower and blades at the highest point shall not exceed ten (10) feet for each one complete acre of land in the lot where the WES is to be located to a maximum of seventy-five (75) feet; (4) guy wired or lattice towers shall be prohibited; (5) setbacks from any property line shall be a minimum of two (2) times the tower height including the blades measured from the ground to the highest point of the blade sweep area; (6) WES shall not be lighted unless required by the Federal Aviation Administration or appropriate authority; (7) WES shall be limited to one per lot, and shall be sited on the lot it is intended to serve; (8) Standards for locating WES shall comply with the, adopted tower siting policy, as applicable; (9) the base of the WES tower shall incorporate measures to prevent non-authorized personnel from ascending the tower for a distance of 12 feet from grade; (10) WES shall be limited to a maximum power generation of 100 kilowatt hours (kWh); (11) The applicant shall comply with all applicable federal, state, and local laws, ordinances and regulations; and (12 ) at such time as the WES ceases to be used for its intended purposes for a period exceeding twelve (12) consecutive months, such WES shall be dismantled and it and all associated equipment removed from the property; 0 0 0 DIVISION 23. I-1 LIGHT INDUSTRIAL DISTRICT 0 0 0 Sec 19-181. Uses permitted with certain restrictions. The following uses shall be permitted in the I-1 District subject to compliance with the following conditions and other applicable standards of this chapter. If the 10-185 03/10/10 following restrictions cannot be met, these uses may be allowed by conditional use, subject to section 19-13: 0 0 0 (k) Wind energy systems (WES) as permitted in section 19-131. 0 0 0 ARTICLE VI. DEFINITIONS Sec. 19-301 Definitions. For the purposes of this chapter, the following words and phrases shall have the following meanings: 0 0 0 Wind Energy System (WES): A wind energy system, consisting of a wind turbine, a tower, and associated control or conversion electronics, which is used primarily to reduce on-site consumption of utility power. Excess power generated by the WES and not presently needed for on site consumption may be used by the utility (i.e. net metering). 0 0 0 (2) That this ordinance shall become effective immediately upon adoption. Ayes: Holland, Jaeckle, Warren, Durfee, and Gecker. Nays: None. In response to Mr. Warren's question, Mr. Micas stated the county's noise ordinance would not address the kind of noise generated by the wind energy systems. Ms. Durfee stated the wind energy systems are being designed to make less noise than older systems. In response to Ms. Jaeckle's question, Mr. Gecker stated the ordinance does have a 5-acre minimum requirement, which would eliminate most neighborhoods as locations for the wind energy systems. In response to Mr. Holland's question, Mr. Feest stated the demand for the wind energy systems in the county will be marginal. In response to Mr. Gecker's question, Feest stated only a couple locations in the county would be economically viable to place the wind energy systems. 17.B. TO CONSIDER AN ORDINANCE TO VACATE A FIFTY-FOOT UNIMPROVED COUNTY RIGHT OF WAY KNOWN AS FOX CHAPPEL ROAD AND TEMPORARY TURNAROUND EASEMENTS WITHIN WELLINGTON FARMS, SECTION E Mr. Stith stated this date and time had been advertised for the Board to consider an ordinance to vacate a 50-foot unimproved county right of way known as Fox Chappel Road and J J J 10-186 03/10/10 temporary turnaround .easements within Wellington Farms, Section E. ^!~ ~`J Mr. Will Shewmake, the Wellington Farms Homeowner's Association's representative, provided a background of the request. He requested the Board approve the request. Ms. Martha McKay, the President of the Wellington Farms Homeowner's Association, requested the Board approve the request. Ms. Andrea Epps stated the Planning Commission eliminated the requirement for the stub road and converted it to open space and the action had the affect of eliminating public access. There being no one else to address the request, the public hearing was closed. Mr. Shewmake stated the tentative subdivision plat anticipated a public road would be located where the right of way was dedicated and it was amended to eliminate the public road so the right of way is not needed. He further stated the developer that wants to use the emergency access is the one who is responsible for building it and the development maintaining it. Ms. Jaeckle made a motion, seconded by Mr. Warren, for the Board to adopt an ordinance to vacate a 50-foot unimproved county right of way known as Fox Chappel Road and temporary turnaround easements within Wellington Farms, Section E. Ms. Jaeckle stated she received thousands of emails on this request when she was elected to the Board because of the fear of a road being built and cars going through a neighborhood. She further stated all parties involved worked hard to come up with an agreement. She stated the Wellington Farms Homeowners' Association has the fear that in the future the plan for the road could come back. In response to Mr. Gecker's question, Mr. Harmon stated upon vacation of the right of way, the property will belong to adjoining landowners. He further stated Mr. Shewmake has quitclaim deeds from the two adjoining lot owners to ultimately convey the property to the Wellington Farms Homeowner's Association once it is vacated. Mr. Shewmake stated he has provided copies of the quitclaim deeds to the county. Mr. Gecker stated he has no concerns with having the road stopped. He further stated with what was done at the Planning Commission level the county does not get to come back and place a road on the property. He stated there is not a compelling reason to complete the vacation of this property. He expressed concerns regarding land that is designated as emergency access being in the hands of private landowners. He stated this request is a bad precedent for the county to start placing emergency access on what will become privately held land. He further stated since the county wants to retain rights for utilities and drainage, ownership should not be given up. In response to Ms. Durfee's questions, Mr. Shewmake stated the developer has agreed to reduce density from over 150 lots to below 100 lots. He further stated it is a stub road. 10-187 03/10/10 Mr. Gecker stated the property is now designated open space on the plat. Mr. Shewmake stated the county still has the right of way to build a road on the property. Mr. Gecker stated the county could not build a road on the property without redoing the subdivision plat. Mr. Shewmake stated the concern of the homeowners' association is that as long as the property is owned by the county, it can ultimately be built as a right of way. Mr. Gecker stated the presentation of facts is important to how this request ends up. In response to Ms. Durfee's questions, Mr. Shewmake stated if the county vacates the property, no one can demand it become a public road. He further stated there are a number of stub roads that may want to do the same thing as this request. He stated this is a unique situation, in which the emergency access was negotiated in the beginning of the process for the development and was recorded as such. He further stated there are no other accesses out of the other property other than Centralia Road. Ms. Jaeckle stated it was surprising that when Centralia Station was approved with the access going to Hopkins Road, it was then decided not to build the Hopkins Road extension but to leave the zoning in place for the neighborhood. Discussion ensued relative to deferring the request to allow time for the Board to have discussions to provide clarity. Ms. Durfee made a substitute motion, seconded by Mr. Holland, for the Board to defer consideration of an ordinance to vacate a 50-foot unimproved county right of way known as Fox Chappel Road and temporary turnaround easements within Wellington Farms, Section E until April 14, 2010. Ayes: Gecker, Holland, Warren, and Durfee. Nays: Jaeckle. 17.C. TO CONSIDER AN ORDINANCE TO VACATE PORTIONS OF SUNNY DELL ACRES Mr. Stith stated this date and time had been advertised for the Board to consider an ordinance to vacate portions of Sunny Dell Acres. Mr. Gecker called for public comment. Mr. Harmon stated the request is to vacate a subdivision for expansion of a parking lot. He further stated the applicant intends to rent RV storage spaces in this area. There being no one to address the request, the public hearing was closed. On motion of Mr. Gecker, seconded by Ms. Durfee, the Board deferred consideration of an ordinance to vacate portions of Sunny Dell Acres until April 14, 2010. Ayes: Nays: Gecker, Holland, Jaeckle, Warren, and Durfee., None. J J J 10-188 03/10/10 19. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED MATTERS Miss Raven Carter urged the Board not to close Perrymont Middle School. u Ms. Shakita Carter urged the Board not to close Perrymont Middle School. Mr. Freddy Boisseau expressed concerns relative to the lack of transparency found by the Thomas Jefferson Institute in Chesterfield government. Mr. Stegmaier stated the county's website is going to be re- evaluated according to the Executive Director of the Thomas Jefferson Institute. He further stated the prior study performed by the Thomas Jefferson Institute was performed on the county's old website on which it was a lot harder to locate information. He stated the Board has taken big steps in terms of improving openness in government to include being one of the first localities anywhere to have live web streaming of the Board meetings. Mr. Barry Wood urged the Board to increase the Police Department's salaries. 20. ADJOURNMENT u On motion of Mr. Warren, seconded by Mr. Holland, the Board adjourned at 8:17 p.m. to March 24, 2010 at 3:00 p.m. in the Public Meeting Room. Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. ame .L. St aier Count Administrator ~~C Ct Daniel A. Gecker Chairman 10-189 03/10/10