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2010-05-26 MinutesBOARD OF SUPERVISORS MINUTES May 26, 2010 ^Mt u u 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 Mr. James Banks, Asst. Dir., Transportation Ms. Janice Blakley, Clerk to the Board Mr. Kevin Bruny, Chief Learning Officer Ms. Debbie Burcham, Exec. Dir., Community Services Board Mr. Allan Carmody, Dir., Budget and Management Ms. Marilyn Cole, Asst. County Administrator Mr. Jonathan Davis, Real Estate Assessor Mr. Will Davis, Dir., Economic Development Mr. William Dupler, Interim Deputy County Admin., Community Development 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. Debbie Leidheiser, Senior Advocate, Human Services Ms. Mary Lou Lyle, Acting Deputy County Admin., Management Services Ms. Mary Martin-Selby, Dir. of Human Resource Services Mr. Richard M. McElfish, Dir., Env. Engineering Mr. Steven L. Micas, County Attorney 10-336 05/26/10 Ms. Jo Lin Rohr, Quality Coordinator Chief Edward Senter, Fire Department Ms. Sarah Snead, Acting Deputy County Admin., Human Services Mr. Jim Stanley, Security Manager, Environmental and Security Management Mr. Thomas Taylor, Dir., Community Development Block Grant Mr. Kirk Turner, Dir., Planning Mr. Scott Zaremba, Director of Human Resource Programs Mr. Rick Witt, Interim Director of Building Inspection Mr. Gecker called the regularly scheduled meeting to order at 3:00 p.m. 1. APPROVAL OF MINUTES 1.A. APRIL 14, 2010 REGULAR MEETING 1.B. APRIL 28, 2010 REGULAR MEETING On motion of Mr. Holland, seconded by Mr. Warren, the Board approved the minutes of April 14, 2010 and April 28, 2010, as submitted. Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. 2. COUNTY ADMINISTRATOR'S COMMENTS 2:A. COUNTY ADMINISTRATOR'S REPORT Mr. Stegmaier stated the Sabra Ribbon Cutting Ceremony was held today. He expressed appreciation for all of staff's hard work in getting Sabra to locate in Chesterfield and the plant to open so quickly. 2.B. POCAHONTAS 895 AIRPORT CONNECTOR UPDATE Ms. Mary Ellin Arch, Communications and Community Relations Specialist with Transurban USA, and Mr. Rich Prezioso, Project Manager with Transurban USA, provided an update to the Board on the Pocahontas 895 Airport Connector Road construction project. Mr. Warren congratulated Ms. Arch and Mr. Prezioso for being able to get the project done ahead of schedule at a time when the country needs to see those kinds of projects. J J J 10-337 05/26/10 Mr. Holland expressed appreciation for the presentation and stated he is looking forward to the completion of the project . In response to Mr. Holland's question, Mr. Prezioso stated a certain number of rain days are planned into construction projects, which allow for projects to stay on target. Ms. Arch stated despite the bad winter, the project did not get behind. In response to Mr. Holland's question, Mr. Prezioso stated the project is definitely on budget. Mr. Gecker expressed appreciation for the presentation. He stated Chesterfield County has a great interest in the Richmond International Airport. 2.C. PRESENTATION REGARDING THE CITIZEN GEOGRAPHIC INFORMATION SYSTEM PROJECT Ms. Nancy Parker, GIS Manager, and Ms. Tammy Ebner, Senior GIS Analyst, provided a brief demonstration of the Citizen Geospatial Information System (Citizen GIS). Ms. Durfee expressed appreciation for having the Citizen GIS complete. She. stated the county was working with regional partners to be able to work in this direction. In response to Ms. Durfee's question, Ms. Parker stated Citizen GIS is available in all county libraries as well as in several sites on the county complex that have computers that will allow access. She further stated there is a computer available in the Community Development Building in the customer service area for citizen use. Mr. Gecker stated when he was on the Planning Commission he used to talk to Mr. Turner endlessly about online GIS for the county. He expressed appreciation to the team for the great job done on Citizen GIS. He stated the county has more functionality in Citizen GIS than any other locality and the economic development element of Citizen GIS should not be overlooked. Mr. Stegmaier expressed appreciation to Ms. Parker and the rest of the GIS team for the impressive j ob done on Citizen GIS. 2.D. PRESENTATION REGARDING HISTORIC ROUTE 1 IMPROVEMENTS Mr. Scott Rogers, president of the Jefferson Davis Association, and Mr. Sterry McGee, vice president of the Jefferson Davis Association, provided an update to the Board on recent streetscape, banner and signage improvements to Route 1, and on the new HistoricRouteOne.com website. Ms. Jaeckle expressed appreciation to the members of the Jefferson Davis Association for their work on the Historic Route 1 improvements to try to restore the area to what it was years ago. 10-338 05/26/10 Mr. Stegmaier expressed appreciation for the presentation and stated the county will continue to work with the Jefferson Davis Association. Mr. Warren expressed appreciation and stated the Historic Route 1 improvements are a great example of public/private partnership. Mr. Holland stated as a member of the Richmond Metropolitan Convention Bureau, it is a pleasure to see the Historic Route 1 improvements come to fruition. Mr. Gecker stated seeing citizens taking ownership of an area of the county like the Jefferson Davis Association has done is heart warming. He further stated the county is looking forward to the Jefferson Davis Highway revitalization. 3. BOARD MEMBER REPORTS Mr. Gecker stated the Board spent the morning at the Sabra Dipping Plant for the grand opening, which is a $70 million investment in the county. He further stated the Sabra executives were very impressed with staff for the assistance in having the plant built in 13 months. Ms. Jaeckle stated it was spectacular to see the amount of engineering put into the Sabra Dipping Plant which was completed in 13 months. She further stated Chesterfield County is fortunate to have Sabra Dipping. Ms. Durfee stated the Board had the opportunity to visit the Sabra Dipping Plant this morning. She further stated it is an amazing opportunity for the county to have the largest hummus plant in the world. She stated the work done to get the Sabra Dipping Plant to fruition was great. Ms. Jaeckle stated people who do not like hummus have not tried it. Mr. Warren expressed appreciation to the Economic Development Department for bringing Sabra Dipping to Chesterfield County. Mr. .Holland expressed appreciation to the Economic Development Department for bringing Sabra Dipping to Chesterfield County. He stated it is imperative to create jobs for the citizens. He further commented on the $15 million surplus in the school system. 4. REQUESTS TO POSTPONE AGENDA ITEMS AND ADDITIONS, DELETIONS OR CHANGES IN THE ORDER OF PRESENTATION Mr. Gecker stated there is a desire to move the Chester Middle School Substantial Accord Item to the evening session. On motion of Mr. Warren, seconded by Mr. Holland, the Board,, replaced Item 8.B.ll.a, Transfer of District Improvement' Funds From the Clover Hill District Improvement Fund to the Chesterfield County Utilities Department to Control Hydrilla in the Swift Creek Reservoir; replaced Item 9.B., Report on Status of General Fund Balance, Reserve for Future Capital Projects, District Improvement Funds and Lease Purchases; J J J 10-339 05/26/10 U added Item 9.D., Report of Planning Commission Substantial Accord Determination for Chesterfield County Planning Department (Case lOPD0233) to Permit Conversion of a Public Middle School (Chester Middle) to a Public School Accommodating the Ninth Grade and moved it to follow Item 16; added Item 15.D., Resolution Recognizing Ms. Ann Canipe and Dr. Brenda Mayo for Their Outstanding Leadership in Presenting Cosby High School's Annual Memorial Day Tribute to the United States Military; and moved Item 8.B.12.a., Authorize the County Administrator to Execute Memorandum of Understanding with the Richmond Animal League to follow Item 16; moved Item 8.B.12.b., Authorize the County Administrator to Execute Memorandum of Understanding with the Chesterfield County Humane Society to follow Item 16. Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. 5. RESOLUTIONS 5.A. RECOGNIZING THE JEFFERSON DAVIS ASSOCIATION FOR ITS EFFORTS IN THE DESIGNATION/REVITALIZATION OF HISTORIC ROUTE 1 C•7 Mr. Kappel introduced members of the Jefferson Davis Association, who were present to receive the resolution. On motion of Mr. Holland, seconded by Ms. Jaeckle, the Board adopted the following resolution: WHEREAS, U.S. Route 1 in Virginia, also known as Jefferson Davis Highway in Chesterfield County, is a roadway rich with history; and WHEREAS, along or nearby Route 1 in Chesterfield County are numerous historic sites; and WHEREAS, among these sites are the location of the Falling Creek Iron Works, the reconstructed 1611 Citie of Henricus, numerous Civil War sites, Bellwood Mansion, Dutch Gap in the James River, the Half Way House (now a popular restaurant) and numerous others; and WHEREAS, recognizing the significance of Route 1 in Virginia, the Virginia General Assembly passed a bill recognizing the roadway officially as "Historic Route 1"; and WHEREAS, on May 11, 2010, Lt. Governor Bill Bolling joined the Jefferson Davis Association, the Richmond Metropolitan Convention and Visitors Bureau, the Petersburg Area Regional Tourism office and dignitaries from throughout the region at a ceremony held at the Half Way House in Chester, Virginia to dedicate new signs, banners and streetscapes on Route 1; and WHEREAS, these improvements, made possible by state and federal grants, recognize the importance of maintaining this Virginia treasure in a manner befitting its historic significance; and 10-340 05/26/10 WHEREAS, these improvements, and the launch of a new Web site, HistoricRouteOne.com, will attract more tourists to the county and the region; and WHEREAS, the anticipated increase in tourism will generate important revenue for the county and the region while educating and informing visitors; and WHEREAS, all Chesterfield County and Central Virginia localities have a stake in this gateway to the region; and WHEREAS, the strong and imaginative leadership of the Jefferson Davis Association helped to bring about these improvements and recognition to Historic Route 1. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 26th day of May 2010, publicly recognizes the unique historic importance of Route 1 in Chesterfield County; celebrates the recent improvements to this roadway; on behalf of the residents of the county and the region, thanks the Jefferson Davis Association for leading its many partnering agencies to success; and invites all motorists to take a drive down Historic Route 1 to see first-hand the many historic treasures associated with this important roadway. AND, BE IT FURTHER RESOLVED that a copy of this resolution be presented to members of the Jefferson Davis Association and 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. Ms. Jaeckle presented the executed resolution and expressed appreciation for the work of the Jefferson Davis Association on the Historic Route 1 designation and to Chief Eanes for handling each issue which arose. Mr. Jack Berry, with the Richmond Metropolitan Convention and Visitors Bureau, expressed appreciation for the recognition. 5.B. RECOGNIZING MAY 2010, AS "OLDER AMERICANS MONTH" Ms. Leidheiser introduced representatives of organizations that work older residents in the county who were present to receive the resolution. On motion of Mr. Warren, seconded by Mr. Holland, the Board adopted. the following resolution: WHEREAS, since 1963, the month of May has been designated by the U.S. Administration on Aging as America's special time to honor and recognize its older citizens; and WHEREAS, Chesterfield County is a community in which 65,546 citizens age 55 and over-make their home; and WHEREAS, the older adults in Chesterfield are among one of our most "treasured resources," united by historical experiences, strengthened by diversity, and interpreting J J J 10-341 05/26/10 events through varied perspectives and backgrounds to bring wisdom and insight to our community; and WHEREAS, increasing numbers of adults are reaching retirement age and remaining strong and active for longer than ever before; and WHEREAS, the older adults in Chesterfield deserve recognition for the contributions they have made and will continue to make to the culture, economy and character of our community and our nation; and WHEREAS, our community can provide that recognition and respect by improving the quality of life for older Americans by increasing their opportunities to remain active and engaged in community life; providing individualized services and support systems to maintain the dignity, independence and self-determination of older Americans as they age; and combating ageist attitudes by honoring their past, present 'and future contributions; and WHEREAS, Senior Connections, The Capital Area Agency on Aging, has set aside May 2010, to recognize and honor older adults in Planning District 15 and celebrate their contributions; and WHEREAS, Chesterfield TRIAD declared May 5 as Senior Day in Chesterfield County. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 26th day of May 2010, Q publicly recognizes May 2010, as "Older Americans Month," urges every citizen to take time to honor our older adults and the professionals, family members and volunteers who care for many of them, recognizing that our efforts can enrich our entire community's quality of life. Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. Mr. Warren presented the executed resolution and expressed appreciation for all of the work being done for older Americans. Mr. Jim Warren, Chairperson of the Chesterfield Council on Aging, expressed appreciation for the recognition. Ms. Joan Kappel, Adult Services Unit Supervisor, expressed appreciation for the recognition. Ms. Monica Hughes, Lifelong Learning Institute, expressed appreciation for the recognition and for the Board's continued support through difficult economic times. ® in Senior Navi ator ex ressed Ms. Bonnie Smoody, represent g g p appreciation for the recognition. Dr. Thelma Watson, Senior Connections, the Capital Area Agency on Aging, expressed appreciation to the Board of Supervisors, County Administrator, and Ms. Sarah Snead for supporting the programs. 10-342 05/26/10 5.C. RECOGNIZING COUNTY ATTORNEY STEVEN L. MICAS, UPON HIS RETIREMENT Mr. Jeff Mincks introduced Mr. Micas, who was present along with members of his family, to receive the resolution. On motion of Mr. Holland, seconded by Ms. Jaeckle, the Board adopted the following resolution: WHEREAS, Mr. Steven L. Micas has served as Chesterfield County's first and only full-time County Attorney since July of 1976 and, with 34 years in that role, is believed to be the longest serving appointee of the Board of Supervisors in the history of Chesterfield County; and WHEREAS, Steve's high ethical standards and conduct, his keen insight into solving legal problems and his wisdom have allowed him to serve Chesterfield County through 9 different Boards of Supervisors, 26 individual Board members and 7 County Administrators during which time he successfully protected and promoted the legal health of the county; and WHEREAS, Steve has admirably, successfully and tirelessly represented the county, the board, county officials and county employees as lead counsel in scores of lawsuits in state and federal trial courts as well as in appeals before the Virginia Supreme Court, the Fourth Circuit Court of Appeals and the United States Supreme Court; and WHEREAS, during Steve's long career as Chesterfield County Attorney he has, among other accomplishments, been instrumental in creating the Chesterfield County Charter; in preserving the cash proffer system for Virginia localities to pay for needed infrastructure; in structuring and defending the county's response to problems caused by shrink-swell soils; in creating the Code of Ethics for county employees; in establishing the legality of invocations before legislative bodies; and in affirming the legal right of the government to require civility at public meetings; and WHEREAS, Steve has justly earned the praise of fellow attorneys by being elected to the Virginia Bar Foundation, an honor bestowed on only the top 1% of Virginia's lawyers; receiving the Edward J. Finnegan Award for Distinguished Service, the highest award given to local government attorneys in Virginia; by being appointed by the Chief Justice of the Virginia Supreme Court to instruct the Virginia State Bar Association's mandated "Professionalism" course for new lawyers; and by being one of the few public attorneys to receive the "AV" rating from the national lawyers rating service Martindale Hubble, a rating which demonstrates the highest possible standards of legal ability and professional ethics; and WHEREAS, Steve is a noted expert in local government law; is the editor and an author of the publication The Local Government Attorney in Virginia; served for years as the legal editor for the Virginia Review; and is recognized nationwide as an expert in eminent domain law, and he has written and lectured extensively on virtually every aspect of local government law and regularly receives accolades for his innovative visual presentations; and J J J 10-343 05/26/10 WHEREAS, by Steve's loyalty to Chesterfield County, his devotion to his family and to his church, and his unflagging commitment to excellence and to ethics, he has served as a role model for all attorneys to emulate. u NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 26th day of May 2010, publicly celebrates the exemplary career achievements of Mr. Steven L. Micas, thanks him for his loyal service to Chesterfield County and extends to him the Board's appreciation and warmest wishes for the future. AND, BE IT FURTHER RESOLVED that a copy of this resolution be presented to Steve 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. Gecker expressed appreciation to Mr. Micas for his years of service to Chesterfield County. He stated Mr. Micas is the best County Attorney there is, and he will be missed greatly. He further stated the county has a full service law firm thanks to Mr. Micas' vision. He expressed appreciation for the good advice and counsel Mr. Micas has given the Board of Supervisors and wished him success in his future endeavors. Mr. Stegmaier stated Mr. Micas' ethics are a model for every person in the organization and the entire organization has benefitted from that. He further stated his legal opinions have been flawless and they will be missed by the county. He stated he will miss Mr. Micas' companionship and counsel, which has been invaluable over the last three years. He then presented Mr. Micas with an acrylic statue and a county watch. Mr. Lane Ramsey, former County Administrator, stated there is no one that he has more respect for than Mr. Micas. He further stated Mr. Micas is respected around the state for his legal knowledge and ethics and wished him well in Prince George. Mr. Holland expressed appreciation to Mr. Micas and stated 34 years is an outstanding tenure. Ms. Jaeckle stated Mr. Micas has been excellent to work with and he has always been able to explain issues in a common sense way and provide solutions to accomplish what the Board wanted to. She further stated the county will miss Mr. Micas very much. Mr. Warren stated when he was first elected in 1992 he was told if the Board always relied on Mr. Micas that it would stay out of trouble, and that proved to be true. He expressed appreciation to Mr. Micas for all of the service he has provided to the county. Mr. Micas introduced his family members, who were present. He stated he has participated in more democracy than Thomas Jefferson in 34 years. He expressed appreciation to the Board for their kind and gracious remarks and for adopting 10-344 05/26/10 the resolution. He stated this Board has been very easy to work with and very professional and understood the rule of the law. He expressed appreciation to Ms. Janice Blakley and stated one of his first decisions for the county was to hire Ms. Blakley. He further stated the county's workforce is dedicated and ethical. He stated he has the greatest appreciation for the honesty and decency of the workforce of Chesterfield County. He further stated the successes of the County Attorney's office are a result of the joint efforts of its staff members. He stated the 34 years in the county have been challenging and have made him a better person and a better professional. Ms. Durfee stated Mr. Micas has always been responsive to the needs of the Board. She expressed appreciation to Mr. Micas for his dedication to the citizens of Chesterfield County. Mr. Stegmaier expressed appreciation to Mr. Don Gurney, the county's bond counsel, for being present for Mr. Micas' recognition. 6. WORK SESSIONS There were no Work Sessions scheduled for this time. 7. DEFERRED ITEMS 7.A. APPROPRIATION OF ADDITIONAL FUNDS FOR COMMUNITY DEVELOPMENT BLOCK GRANT AND HOME INVESTMENT ANNUAL PARTNERSHIPS AND APPROVAL OF AMENDMENTS TO THE PLAN Mr. Carmody stated allocation of funding for this item had been deferred at the April 14, 2010 meeting. He further stated the grant funding award does result in a $105,220 increase in CDBG Program funds and a $5,055 reduction in the HOME Partnership Plan. On motion of Mr. Holland, seconded by Ms. Durfee, the Board appropriated $105,220 in additional Community Development Block Grant funds, reduced HOME Investment Partnerships in the amount of $5,055 and amended the plan for programs as follows: $100,000 allocation to the Children's Home of Virginia Baptist; $34,316 allocation to the Chesterfield Avenue Enhancement Project; $50,000 allocation for HOME Down, Payment Assistance; $21,004 allocation to CDBG administration; a $516 reduction in the HOME administration category; and a $4,539 reduction in unallocated funds. Ayes: Gecker, Holland, Jaeckle, warren, and Durfee. Nays: None. 8. NEW BUSINESS 8.A. APPOINTMENTS On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board suspended its rules to allow simultaneous nomination/ appointment of members to serve on the Camp Baker Management'~I Board. i Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. J J J 10-345 05/26/10 8.A.1. CAMP BAKER MANAGEMENT BOARD ~J ^! On motion of Ms. Jaeckle, seconded by nominated/appointed/reappointed Mr. representing the Clover Hill District, Jr., representing the Bermuda District, Baker Management Board, whose terms are through April 30, 2012. Kr. Warren, the Board William Poole, and Mr. Dabney Short, to serve on the Camp effective May 1, 2010 Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. 8.A.2. COUNTY ATTORNEY Mr. Gecker stated Mr. Mincks has been with the county for over 30 years and he will provide excellent counsel going forward to the Board. On motion of Mr. Gecker, seconded by Mr. Holland, the Board appointed Mr. Jeffrey Mincks as the County Attorney, effective July 1, 2010, who will serve at the pleasure of the Board. Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays.: None. 8.B. CONSENT ITEMS 8.B.1. ADOPTION OF RESOLUTIONS 8.B.l.a. RECOGNIZING MR. STEPHEN A. HARVEY, FIRE AND .EMERGENCY MEDICAL SERVICES DEPARTMENT, UPON HIS RETIREMENT On motion of Mr. Holland, seconded by Ms. Durfee, the Board adopted the following resolution: WHEREAS, Logistics Supervisor Stephen A. Harvey will retire from the Chesterfield Fire and Emergency Medical Services Department, Chesterfield County, on July 1, 2010 after serving the county .for nearly 26 years; and WHEREAS, Mr. Harvey began his career with Chesterfield County in July of 1984 as a county maintenance worker in the Buildings and Grounds Department; and WHEREAS, Mr. Harvey transferred to the Fire Department in October of 1984 and has served as a volunteer firefighter at the Chester Fire and EMS Station for 10 years, and as a Logistics Supervisor for 25 years; and WHEREAS, Mr. Harvey survived a building collapse while combating a structure fire at the Centralia Road Presbyterian Church in 1983; and WHEREAS, Mr. Harvey managed the procurement and supervised the distribution of supplies, uniforms and equipment for career and volunteer members; and 10-346 05/26/10 WHEREAS, Mr. Harvey's effective inventory control has ensured that our firefighters had the tools and equipment necessary to safely perform their jobs while serving the visitors and citizens of Chesterfield County; and WHEREAS, Mr. Harvey has been instrumental during recruit schools throughout the years, in coordinating uniform fittings and issuance of equipment in addition to his normal day-to-day operations; and WHEREAS, Mr. Harvey was recognized as the Civilian Employee of the Year for Chesterfield Fire and Emergency Medical Services for 2008; and WHEREAS, Mr. Harvey served on the first year book committee for the department, the firefighting turnout gear committee in 2008, as well as the Brad McNeer Golf Tournament Committee. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes the contributions of Logistics Supervisor Stephen A. Harvey, expresses the appreciation of all residents for his service to the county, and extends appreciation for his dedicated service and congratulations for his retirement. Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. 8.B.l.b. RECOGNIZING MS. LYNDA F. PRICE, FIRE AND EMERGENCY MEDICAL SERVICES DEPARTMENT, UPON HER RETIREMENT On motion of Mr. Holland, seconded by Ms. Durfee, the Board adopted the following resolution: WHEREAS, Ms. Lynda F. Price will retire from the Chesterfield Fire and Emergency Medical Services Department, Office of Emergency Management, on July 1, 2010; and WHEREAS, Ms. Price has served the county for over 22 years as Emergency Management Coordinator for the Office of Emergency Management; and WHEREAS, Ms. Price has been instrumental in all aspects of emergency management including the response and recovery from the two tornadoes in 1993; the 1994 ice storm; the 1996 blizzard; Hurricane Fran in 1996; the 1998 ice storm/snowstorm; Hurricane Floyd in 1999; the 2000 ice storm; Hurricane Isabel in 2003; and Tropical Storm Gaston in 2004; all of which were Presidential Declaration emergencies; and WHEREAS, Ms. Price was a leader in the Virginia Emergency Management Association, serving as President, Vice President, Program Chairman, Editor of Viewpoint, Secretary and Member of the Executive Board; and WHEREAS, Ms. Price facilitated the county's trip to Emmitsburg, Maryland in 1994 to the Emergency Management Institute, where 79 top county employees attended an Integrated Emergency Management Course; and J J J 10-347 05/26/10 WHEREAS, Ms. Price received the 2001 County Administrator's Leadership Award for developing the county's Environmental Management Program; and C r] WHEREAS, Ms. Price received the Warren E. Trent Individual Achievement Award for excellence and dedication to the Emergency Management Profession on March 14, 2003 from the Virginia Emergency Management Association; and WHEREAS, Ms. Price has actively served on many county and regional committees, such as the Emergency Preparedness Steering Committee, the Chesterfield Emergency Planning Committee, the Urban Area Security Initiative Workgroup, and the Crater Regional Evacuation and Sheltering Committee; and WHEREAS, Ms. Price coordinated and facilitated many Emergency Operation Plan exercises, including the national exercise, Determined Promise 2004. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes the contributions of Ms. Lynda F. Price, expresses the appreciation of all residents for her service to the county, and extends appreciation for her dedicated service and congratulations upon her retirement. Ayes: Geeker, Holland, Jaeckle, Warren, and Durfee. Nays: None. 8.B.i.c. RECOGNIZING MRS. JUDY J. TUNNELL, POLICE DEPARTMENT, UPON HER RETIREMENT On motion of Mr. Holland, seconded by Ms. Durfee, the Board adopted the following resolution: WHEREAS, Mrs. Judy J. Tunnell will retire from the Chesterfield County Police Department on June 1, 2010, after providing 34 years of outstanding quality service to the citizens of Chesterfield County; and WHEREAS, Mrs. Tunnell has faithfully served the county in the capacity of School Crossing Guard, Defensive Driving Instructor, Senior Clerk Typist, and Secretary; and WHEREAS, Mrs. Tunnell was nominated as a candidate for the 1990 Chesterfield County Employee of the Year Award for her outstanding performance, loyalty and dedication above and beyond the call of duty; and WHEREAS, Mrs. Tunnell has received numerous letters of appreciation from citizens of Chesterfield County for her contributions, professionalism, and in particular, her many enthusiastic presentations on defensive driving and child safety; and WHEREAS, Mrs. Tunnell is recognized for her excellent communications and human relations skills, which she has utilized to assist many internal and external customers; and WHEREAS, Mrs. Tunnell has provided the Chesterfield County Police Department with many years of loyal and dedicated service; and 10-348 05/26/10 WHEREAS, Chesterfield County and the Board of Supervisors will miss Mrs. Tunnell's diligent service. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes Mrs. Judy J. Tunnell, and extends on behalf of its members and the citizens of Chesterfield County, appreciation for her service to the county, congratulations upon her retirement, and best wishes for a long and happy retirement. Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. 8.B.l.d. RECOGNIZING MS. CHRISTINE RAMSEY, SOCIAL SERVICES DEPARTMENT, UPON HER RETIREMENT On motion of Mr. Holland, seconded by Ms. Durfee, the Board adopted the following resolution: WHEREAS, Ms. Christine Ramsey began her career in public social services in 1976, first as a social worker in Cumberland County, Virginia, and then in Buckingham and Prince Edward Counties, coming to Chesterfield County in 1985; and WHEREAS, Ms. Ramsey earned a Bachelor of Social Work degree and devoted her professional social work skills to ensuring the well-being of children and families and to the achievement of independence and self-sufficiency of adults; and WHEREAS, Ms. Ramsey has been continuously employed with the Chesterfield-Colonial Heights Department of Social Services since October 1985 in the employment services program, first as a social worker, then as senior social worker, and finally as social work supervisor; and WHEREAS, she has utilized her proficient organizational skills and process management expertise to craft a smoothly operating and effective employment services program for public assistance recipients transitioning to employment, maximizing collaborative partnerships with other organizations to develop and provide services for customers; and WHEREAS, Ms. Ramsey has led the development of an exemplary local employment services program, known in the Virginia Social Services System as VIEW, or Virginia Initiative for Employment not Welfare, mandated by federal and state welfare reform legislation, resulting in consistent compliance and performance accomplishments; and WHEREAS, she has continually worked to improve the social services delivery system through her contributions on countless agency, county and state-level workgroups and task forces, in both the public and private non-profit sectors, addressing policy, practice and programs; and WHEREAS, Ms. Ramsey has been personally responsible for the county's highly successful participation in the regional Greater Richmond Earned Income Tax Credit (GREITC) initiative J J J 10-349 05/26/10 over the past several years, coordinating extensive volunteer efforts to provide free tax preparation for low-income working residents; and 0 WHEREAS, she has been a role model of team work and professionalism throughout her tenure, and her leadership supported the vision, mission and values of the department. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes the outstanding contributions of Ms. Christine Ramsey, expresses the appreciation of all residents for her service to the county, and offers congratulations upon her retirement. Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. 8.B.2. REQUEST FOR MUSIC/ENTERTAINMENT FESTIVAL PERMIT FROM THE CHESTERFIELD COUNTY FAIR ASSOCIATION On motion of Mr. Holland, seconded by Ms. Durfee, the Board approved a request from the Chesterfield County Fair Association for a music/entertainment festival permit for the annual Chesterfield County Fair, subject to compliance with staff recommendations. Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. 8.B.3. SET DATES FOR PUBLIC HEARINGS 8.B.3.a. TO CONSIDER THE FY2011-FY2016 SECONDARY ROAD SIX- YEAR IMPROVEMENT PLAN AND FY2011 SECONDARY ROAD IMPROVEMENT BUDGET On motion of Mr. Holland, seconded by Ms. Durfee, the Board set June 23, 2010, for a public hearing for the Board to consider the FY2011-FY2016 Secondary Road Six-Year Improvement Plan and FY2011 Secondary Road Improvement Budget. Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. 8.B.3.b. TO CONSIDER AMENDMENTS TO THE COUNTY CODE RELATING TO FEES FOR ADOPTION OF STERILIZED ANIMALS FROM THE CHESTERFIELD COUNTY ANIMAL SHELTER AND THE TRANSFER OF ANIMALS TO HUMANE SOCIETIES AND RESCUE ORGANIZATIONS ~J On motion of Mr. Holland, seconded by Ms. Durfee, the Board set June 23, 2010, for a public hearing for the Board to consider amendments to County Code Section 4-25 (c) relating to fees for adoption of sterilized animals from the Chesterfield County Animal Shelter and the transfer of animals to human societies and rescue organizations. Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. 10-350 05/26/10 8.B.4. STATE ROAD ACCEPTANCE On motion of Mr. Holland, seconded by Ms. Durfee, 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: Roxshire 16 Type Chaage to the Secondary System of-State Addition Reason for Change: New subdivision street Pursuant to Code of Virginia Statute: §33.1-229 Street Name and/or Route Number • Auger Laae, State Route Number 4230 Old Route Number: 0 From: 0.03 miles west of Welrose Ct., (Rt. 4231) To: Auger Pl., (Rt. 7507), a distance of: 0.01 miles. Recordation Reference: Pb. 184, Pg. 79 Right of Way width (feet) = 50 • Auger Place, State Route Number 7507 Old Route Number: 0 From: Auger Ln., (Rt. 4230) To: Cul-de-sac, a distance of: 0.03 miles. Recordation Reference: Pb. 184, Pg. 79 Right of Way width (feet) = 40 • Auger Place, State Route Number 7507 Old Route Number: 0 From: Auger Ln., (Rt. 4230) To: Cul-de-sac, a distance of: 0.08 miles. Recordation Reference: Pb. 184, Pg. 79 Right of Way width (feet) = 40 WHEREAS, the streets described below are shown on plats recorded in the Clerk's Office of the Circuit Court of Chesterfield County; and J J J 10-351 05/26/10 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: Tarrington Sectioa 8 Tme Chaage to the Secondary System of State Addition Reasoa for Change: New subdivision street Pursuaat to Code of Virginia Statute: X33.1-229 Street Name and/or Route Number • Ashwell Drive, State Route Number 5843 Old Route Number: 0 From: 0.01 miles east of Elmstone Rd., (Rt. 7237) To: Caddington Dr., (Rt. 7500), a distance of: Recordation Reference: Pb 170, Pg 57 Right of Way width (feet) = 50 • Ashwell Drive, State Route Number 5843 Old Route Number: 0 From: Caddington Dr., (Rt. 7500) To: Caddington Dr., (Rt. 7500), a distance of: Recordation Reference: Pb 170, Pg 57 Right of Way width (feet) = 50 • Ashwell Drive, State Route Number 5843 Old Route Number: 0 From: Caddington Dr., (Rt. 5843) To: Temp EOM, a distance of: 0.18 miles. Recordation Reference: Pb 170, Pg 57 Right of Way width (feet) = 50 • Caddiagtoa Drive, State Route Number 7500 Old Route Number: 0 From: Ashwell Dr., (Rt. 5843) To: Caddington Ct., (Rt. 7501), a distance of: Recordation Reference: Pb 170, Pg 57 Right of Way width (feet) = 44 • Caddington Court, State Route Number 7501 Old Route Number: 0 From: Caddington Dr., (Rt. 7500) To: Cul-de-sac, a distance of: 0.03 miles. Recordation Reference: Pb 170, Pg 57 Right of Way width (feet) = 40 • Caddiagtoa Drive, State Route Number 7500 10-352 0.06 miles. 0.31 miles. 0.11 miles. 05/26/10 Old Route Number: 0 From: Caddington Ct., (Rt. To: Caddington Mw., (Rt. Recordation Reference: Pb Right of Way width (feet) • Caddington Mews, Sta~ Old Route Number: 0 From: Caddington Dr., (Rt. To: Caddington Dr., (Rt. Recordation Reference: Pb Right of Way width (feet) 7501) 7502), a distance of: 0.08 miles. 170, Pg 57 = 44 ~e Route Number 7502 7500) 7500), a distance of: 0.05 miles. 170, Pg 57 = var • Caddington Drive, State Route Number 7500 Old Route Number: 0 From: Caddington Mw., (Rt. 7502) To: Caddington Mw., (Rt. 7502), a distance of: 0.02 miles. Recordation Reference: Pb 170, Pg 57 Right of Way width (feet) = 11 • Caddington Drive, State Route Number 7500 Old Route Number: 0 From: Caddington Mw., (Rt. 7502) To: Caddington Tr., (Rt. 7503), a distance of: 0.03 miles. Recordation Reference: Pb 170, Pg 57 Right of Way width (feet) = 44 • Caddington Terrace, State Route Number 7503 Old Route Number: 0 From: Caddington Dr., (Rt. 7500) To: Cul-de-sac, a distance of: 0.13 miles. Recordation Reference: Pb 170, Pg 57 Right of Way width (feet) = 40 • Caddington Drive, St, Old Route Number: 0 From: Caddington Tr., (Rt. To: Caddington Dr., (Rt. Recordation Reference: Pb Right of Way width (feet) ate Route Number 7500 7503) 7500), a distance of: 0.05 miles. 170, Pg 57 = 44 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. J J J 10-353 05/26/10 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: Tarriagton Sectioa 12, Portioa of Type Change to the Secondary System of State Additioa Reason for Change: New subdivision street Pursuaat to Code of Virginia Statute: §33.1-229 Street Name and/or Route Number • Sodbury Drive, State Route Number 7494 Old Route Number: 0 From: 0.04 miles south of Grantly Rd., (Rt. 7492) To: Brayfield P1., (Rt. 7504), a distance of: 0.23 miles. Recordation Reference: Pb. 178, Pg. 45 Right of Way width (feet) = 40 • Brayfield Place, State Route Number 7504 Old Route Number: 0 From: Sodbury Dr., (Rt. 7494) To: Cul-de-sac, a distance of~: 0.07 miles. Recordation Reference: Pb. 178, Pg. 45 Right of Way width (feet) = 40 • Sodbury Drive, State Route Number 7494 Old Route Number: 0 From: Brayfield P1., (Rt. 7504) To: Sodbury Ct., (Rt. 7505), a distance of: 0.05 miles. Recordation Reference: Pb. 178, Pg. 45 Right of Way width (feet) = 40 • Sodbury Court, State Route Number 7505 Old Route Number: 0 From: Sodbury Dr., (Rt. 7494) To: Cul-de-sac, a distance of: 0.03 miles. Recordation Reference: Pb. 178, Pg. 45 Right of Way width (feet) = 40 To: 0.04 miles east of Sodbury Ct., (Rt. 7505), a distance of: 0.04 • Sodbury Drive, State Route Number 7494 Old Route Number: 0 From: Sodbury Ct., (Rt. 7505) miles. Recordation Reference: Pb. 178, Pg. 45 Right of Way width (feet) = 40 • Sodbury Drive, State Route Number 7494 Old Route Number: 0 From: 0.04 miles east of Sodbury Ct., (Rt. 7505) To: Cul-de-sac, a distance of: 0.05 miles. Recordation Reference: Pb. 178, Pg. 45 Right of Way width (feet) = 44 Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. 10-354 05/26/10 8.B.5. AWARD OF CONSTRUCTION CONTRACT FOR PROVIDENCE FOREST DRAINAGE IMPROVEMENTS On motion of Mr. Holland, seconded by Ms. Durfee, the Board awarded a contract for the construction of Providence Forest Drainage Project to Simmons Contracting in the amount of $27,115.00. Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. 8.B.7. ACCEPTANCE OF A PARCEL OF LAND ALONG EPPES FALLS ROAD FROM THE EPPINGTON FOUNDATION On motion of Mr. Holland, seconded by Ms. Durfee, the Board accepted the conveyance of a parcel of land containing 0.030 acres along Eppes Falls Road from The Eppington Foundation, and authorized the County Administrator to execute the deed. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. 8.B.8. REQUEST FOR PERMISSION FROM A RIVER'S BEND SELF STORAGE, LLC FOR A CONCRETE DRIVEWAY TO ENCROACH WITHIN A SIXTEEN-FOOT WATER EASEMENT ACROSS ITS PROPERTY ON WEST HUNDRED ROAD On motion of Mr. Holland, seconded by Ms. Durfee, the Board approved the request for permission from A River's Bend Self Storage, LLC for a concrete driveway to encroach within a 16- foot water easement across 1350 West Hundred Road, subject to the execution of a license agreement. (It is noted copies of the plats are filed with the papers of this Board.) Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. 8.B.9. REQUEST TO QUITCLAIM A PORTION OF A SIXTEEN-FOOT WATER EASEMENT ACROSS THE PROPERTY OF NEW DELIVERANCE EVANGELISTIC CHURCH 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 a quitclaim deed to vacate a portion of a 16-foot water easement across the property of New Deliverance Evangelistic Church. (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. DESIGNATION OF RIGHT OF WAY FOR MT HERMON ROAD AND HORNER PARK ROAD On motion of Mr. Holland, seconded by Ms. Durfee, the Board designated right of way for Mt Hermon Road and Horner Park Road, rescinded the designation of right of way for a portion J J J 10-355 05/26/10 of existing Horner Park Road and authorized the County Administrator to execute the Declaration. (It is noted copies of the plats are filed with the papers of this Board.) Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. 8.B.11. TRANSFER OF DISTRICT IMPROVEMENT FUNDS 8.B.il.a. FROM THE CLOVER HILL DISTRICT IMPROVEMENT FUND TO THE UTILITIES DEPARTMENT TO CONTROL HYDRILLA IN THE SWIFT CREEK RESERVOIR On motion of Mr. Holland, seconded by Ms. Durfee, the Board transferred $25,000 from the Clover Hill District Improvement Fund to the Chesterfield County Department of Utilities to control hydrilla. Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. 8.B.ll.b. FROM THE DALE DISTRICT IMPROVEMENT FUND TO THE PARKS AND RECREATION DEPARTMENT TO MAKE IMPROVEMENTS TO THE EXISTING GAME AND PRACTICE FOOTBALL FIELDS AT MEADOWBROOK HIGH SCHOOL C On motion of Mr. Holland, seconded by Ms. Durfee, the Board transferred $3,000 from the Dale District Improvement Fund to the Parks and Recreation Department to make improvements to the existing game and practice football fields at Meadowbrook High School. Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. 8.B.ll.c. FROM THE MATOACA DISTRICT IMPROVEMENT FUND TO THE SCHOOL BOARD TO PURCHASE BASKETBALL EQUIPMENT FOR GRANGE HALL ELEMENTARY SCHOOL On motion of Mr. Holland, seconded by Ms. Durfee, the Board transferred $5,237 from the Matoaca District Improvement Fund to the School Board to purchase basketball equipment for Grange Hall Elementary School. Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. 8.B.13. ACCEPTANCE OF GRANT FUNDS AND AUTHORIZATION FOR THE COUNTY ADMINISTRATOR TO EXECUTE AN AGREEMENT WITH THE COMMONWEALTH OF VIRGINIA DEPARTMENT OF MINES, MINERALS, AND ENERGY FOR FUNDING OF IMPROVEMENTS AT THE MIDLOTHIAN MINES PARR On motion of Mr. Holland, seconded by Ms. Durfee, the Board accepted grant funds in the amount of $150,000 and authorized the County Administrator to execute an agreement with the Commonwealth of Virginia, Department of Mines, Minerals and 10-356 05/26/10 Energy, Division of Mined Land Reclamation (DMME) for funding of Midlothian Mines Park mine closures and other Park plans and improvements supporting public education of the history of mining operations. Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. The following item was removed from the Consent Agenda for Board comment: 8.B.6. APPROVAL OF AN AMENDED AND RESTATED PURCHASE AGREEMENT WITH NORTH AMERICAN PROPERTIES-ATLANTA, LTD FOR THE SALE OF COUNTY-OWNED LAND LOCATED AT THE INTERSECTION OF IRONBRIDGE ROAD AND COURTHOUSE ROAD On motion of Mr. Holland, seconded by Ms. Jaeckle, the Board deferred consideration of an amended and restated Purchase Agreement with North American Properties-Atlanta, LTD for the sale of county-owned land located at the intersection of Ironbridge Road and Courthouse Road until June 23, 1010. Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. The following item was removed from the Consent Agenda for public comment: 8.B.14. APPROVAL OF A LEASE AND PERFORMANCE AGREEMENT WITH SPORTSQUEST Mr. Mike Brown, representing Central Virginia Socceril Association and over 1,800 soccer participants, expressed' appreciation to the Board for years of commitment to the sport which has allowed it to flourish for the community. He requested the Board defer decision of the agenda item. He expressed concern relative to the county switching away from its historical support of making fields affordable and available to all areas of the county in exchange for one park that will no longer be under control of the county. He stated the Central Virginia Soccer Association players are excited about the SportsQuest facility but have many concerns. Dr. Steve Burton, CEO of SportsQuest, stated this project is an opportunity to shed a light on Chesterfield County. He further stated the county enjoys a passion for sports. He stated SportsQuest is a public/private partnership that will reflect national attention on Chesterfield County. He further stated announcements will be made about nationally recognized athletes making commitments to our community over the next few months. He stated SportsQuest is investing millions into the local economy by selecting local vendors for the construction. He further stated SportsQuest will attract 30 different sports to Chesterfield County. Mr. Mark Kehl, President of the Board of Directors for FC Richmond, stated FC Richmond is not against SportsQuest. He requested the Board defer the item to allow time to discuss it with the community. He stated he received notification J J J 10-357 05/26/10 from the Parks and Recreation Department relative to a $5 per person per season charge for FC Richmond players. He further stated that charge will raise approximately $300,000 for the county, and lights for county fields will not be funded because of the SportsQuest venture. 0 u Mr. John Addison, Executive Director of Midlothian Youth Soccer League, stated the league is a non-profit organization that owns their fields. He expressed concerns relative to the county funding a private organization. He requested the Board defer decision on SportsQuest for 30 days to allow time to discuss the possibilities. Mr. Dudley Duncan, a county resident and business owner, spoke in support of SportsQuest. He stated he has coached competitive swimming in Chesterfield County since 1978, two swimmers that have made Olympic teams and one that has medaled. He mentioned the benefit of the Olympic experience and environment on athletes. He further stated having multiple sports interacting is an awesome opportunity for the county. He stated SportsQuest will have the ability to create the economic impact of Disney Wide World of Sports, which will be a~ tremendous benefit to Chesterfield County as a whole. Ms. Sue Murphy, Executive Director for Boys and Girls Lacrosse and Field Hockey, spoke in favor of SportsQuest. She stated .SportsQuest will bring 30 different sports to Chesterfield County for tournaments and training. She further stated SportsQuest will be a family entertainment venue. Mr. Rob Ukrop, Richmond Kickers and resident of Chesterfield, requested the Board to defer the SportsQuest item for 30 days to allow more time by all of the sports involved to learn about the lease. He stated he was not in favor of or opposed to SportsQuest. He further stated the soccer clubs represented at the meeting participate in seven tournaments each year in Chesterfield County. Mr. Tim O'Sullivan, Executive Director for SportsQuest Soccer, stated the vision for SportsQuest is very unique, which can bring sports opportunities here to Chesterfield. He further stated the vision of bringing governing bodies for sports to the campus will bring national programs to Chesterfield. He stated SportsQuest will make a positive impact on the growth of soccer in the local community. He further stated he has had preliminary discussion with every youth soccer organization to discuss partnerships which includes field use. Mr. Ron Stack, a local business owner and past member of the Parks and Recreation Advisory Commission, stated SportsQuest is an economic development project that can bring a lot of visibility to Chesterfield County. He provided information on a facility that was opened in Kansas City and the economic. development that has occurred since its opening. He stated the benefits of having the SportsQuest facility in the county will be great. He further stated the facility will bring millions of people through Chesterfield spending their money. In response to Mr. Warren's questions, Mr. Stack stated SportsQuest will bring in hotels and corporate events to 10-358 05/26/10 utilize the campus. He further stated the partnership with SportsQuest will help the health and wellness of the entire county. Mr. Daren Gardner, a Dale District resident, requested the Board defer the SportsQuest item for 30 days to allow. more time to discuss the details of the lease. There being no one else to address the request, the public hearing was closed. In response to Mr. Holland's questions, Mr. Garrett Hart stated the Economic Development and the Budget and Management Departments have analyzed the financial statements of SportsQuest and are satisfied with what has been reviewed. Mr. Holland expressed concerns relative to the SportsQuest lease consuming the senior center funding in the county's budget. In response to Mr. Gecker's question, Mr. Hart stated a lot of the financial statements are covered by confidentiality agreements due to the economic development aspect of the SportsQuest lease. Mr. Holland expressed concerns relative to providing funding up front to SportsQuest. Mr. Hart stated SportsQuest will be required to provide $100 million in capital investment into the county and create 500 jobs along with the services of the adult center, the gyms and the fields. He further stated the county agreed to pay the $4.3 million up front to assist with getting the project started and the fields built. In response to Mr. Holland's question, Mr. Hart stated SportsQuest is responsible for creating 500 direct jobs. In response to Mr. Gecker's questions, Mr. Hart stated the performance agreement with SportsQuest requires them to create 500 jobs and invest $100 million by September 2013. He further stated SportsQuest does have another source of funding other than the county. He stated the cost of the 15 synthetic fields is approximately $12 to $15 million. He further stated if the fields are not completed, the county is able to place a lien on the property for collateral for the investment. Discussion ensued relative to the county's options if the performance agreement is not honored by SportsQuest. In response to Mr. Warren's questions, Mr. Hart stated the SportsQuest project has been a team effort with the Economic Development, Budget, and Parks and Recreation Departments as well as the County Attorney's office. He further stated the financial statements for SportsQuest have been reviewed and they do have the funding to complete the project. He stated the goal of the investor who is responsible for the creation of the fields is to have them complete by December 23. He further stated the contractor has stated that once the site is delivered to them by the contractor they can lay one field a week. He stated the $2 million up front payment was negotiated and is in the best interest of the county. He J J J 10-359 05/26/10 further stated the county's funding will be a part of the original closing package that will get the project started. He provided information on the protection provided for the county against SportsQuest if the project goes bankrupt and is not completed. ^,~! In response to Mr. Warren's question, Mr. Micas stated there is significant security in the agreement to recover the county's investment if the project goes bankrupt. In response to Mr. Warren's question, Mr. Golden stated the SportsQuest project is an economic development project as well as a park project . He further stated the $4 .3 million invested into SportsQuest would have built other facilities but not as much as SportsQuest is offering in the 20-year lease. He stated to build the facilities which are being offered by SportsQuest it would be a $25 million investment of local dollars. He further stated the maintenance of the facilities at SportsQuest would be approximately $3 million over the next 20 years. He stated after doing an analysis of all of the information pertaining to the SportsQuest project there is a value of approximately $12 million for the $4.3 million investment. In response to Mr. Gecker's questions, Mr. Golden stated the $12 million in benefit to the county is referring to the Parks and Recreation portion of the project. He further stated there are different benefits on the Economic Development portion of the project. He provided details of the attempts made by the Parks and Recreation Department in finding a viable project for the gym expansions at elementary schools. He stated the leased county space at SportsQuest will be allocated through the Parks and Recreation Advisory Commission the same way other fields in the county are allocated. He further stated the fields at SportsQuest will not be treated differently than any other fields in the county. In response to Ms. Jaeckle's question, Mr. Golden stated the ability for teams to practice Monday through Thursday on the fields at SportsQuest would allow county staff to better maintain the other fields throughout the county. Ms . Durfee stated she does not feel .anyone in the room would argue with the concept of SportsQuest. She further stated there are some questions and details that have not been worked out with the SportsQuest project. She stated she had questioned the project in December to make sure the county was fair in terms of any other projects which would have the opportunity to receive the Recovery Act Bonds. She further stated Economic Development indicated SportsQuest and the Meadowville Interchange were the two projects they were recommending as being shovel ready. She stated the timing of the request is bad for the county since the budget was just adopted. She further stated the Board needs to allow time for the opportunity for the co-sponsored groups to review some of the details in the proposed lease. She expressed concerns relative to taking ~ money from projects to fund the SportsQuest lease. She stated there are fields in the county which citizens have been waiting on lighting for several years and the Board is being asked to take the funding away for SportsQuest. She further stated the business community still has concerns relative to SportsQuest. 10-360 05/26/10 In response to Ms. Durfee's question, Mr. Golden stated the SportsQuest project was a difficult process due to it being a Parks and Recreation and Economic Development project. He further stated Parks and Recreation projects normally involve months of community meetings and meetings with the co- sponsored groups in the county. Ms. Durfee stated when projects come to a locality, typically Economic Development provides incentives and maybe the county does not have enough money put aside. She further stated the county is being asked to remove funding from Parks and Recreation projects for the $4.3 million to go to SportsQuest. Ms. Jaeckle stated time is important to Economic Development projects and SportsQuest has been in negotiations for 16 months. She further stated it has been a complex project due to it involving the Parks and Recreation and Economic Development Departments. She stated the ultimate goal of building SportsQuest is to increase the county's tax revenues. Mr. Holland stated time is a valuable factor in any Economic Development project. In response to Mr. Holland's questions, Mr. Golden stated the 20 years of maintenance of the synthetic turf fields would cost approximately $1.2 million. Ms. Durfee stated the county has not been in negotiations with this request from SportsQuest for 16 months. She further stated she struggles with taking funding from other county projects. She suggested the Board defer the item for 30 days to allow individuals to receive more information. Ms. Jaeckle stated the Sabra officials emphasized how government not getting in the way allowed them to bring their project to fruition. Ms. Jaeckle then made a motion, seconded by Mr. Warren, for the Board to (1) authorize the County Administrator to approve a lease with SportsQuest for the County's use of 9 synthetic recreational fields located at the intersection of Route 288 and Powhite Parkway; (2) authorize the County Administrator to approve a performance agreement between SportsQuest and the Economic Development Authority of Chesterfield County which includes the payment of two grants; (3) reduce the general fund transfer to the Parks and Recreation Capital Improvement Program by $1,915,000 to help facilitate the lease payment for the recreational fields; (4) transfer $206,600 from the reserve for future capital projects; (5) appropriate $2,178,400 in occupancy tax reimbursements; and (6) increase the appropriation in the Parks, Recreation, and Cultural general fund category by $4,300,000. Mr. Holland stated the Sabra project did not receive taxpayer funds. Mr. Gecker stated the Sabra project did receive taxpayer money via an economic development package put forward by the state and the county to attract Sabra to Chesterfield. He J J J 10-361 05/26/10 ^+r further stated the SportsQuest project will bring money into Chesterfield independent of the Parks and Recreation benefits. He stated the county has a track record of supporting economic development projects and this project is different because it looks like a park project. He further stated the Recovery Act Bonds item was brought to the Board at the last minute due to the timeframe imposed by the Governor's office for application. He stated the SportsQuest project is an investment; not just an expenditure. He further stated adding lights at Huguenot will not provide an economic return to the county. He stated the Board partnered with SportsBackers to do a study of the county and to start promoting sports tourism in the county. He further stated the SportsQuest project will not negatively impact the county's co-sponsored sports groups. He stated approval of the item will authorize the County Administrator to sign documents on behalf of the county which must lie within the parameters set by the Board. In response to Mr. Gecker's question, Mr. Hart stated Economic Development has been working on the private/public SportsQuest project for at least eight months. Mr. Gecker stated there are tournaments scheduled on the SportsQuest site for Labor Day and deferring this item for 30 days will not allow for the tournaments to take place. He further stated the county should be good stewards. He stated one of the first actions made by the Board was to set aside funds for economic development projects. Mr. Holland stated the approval of the Recovery Act Bonds for SportsQuest was a last minute action and the Board was told at the time that no taxpayer funds would be utilized for the project . Mr. Holland then made a substitute motion, seconded by Ms. Durfee, for the Board to defer the Lease and Performance Agreement with SportsQuest to June 23, 2010. Ms. Durfee stated there is not anyone in the room that does not want to see SportsQuest come to fruition. She further stated there are projects in the CIP which a great deal of time was spent on in regards to Parks and Recreation. In response to Ms. Durfee's request, Mr. Stegmaier stated funds are available in the Economic Development category and if it is the Board's decision, staff can reduce the amount of funding being transferred from the Parks and Recreation projects by $180,000 and substitute it from Economic Development. Mr. Gecker called for a vote on the motion of Mr. Holland, seconded by Ms. Durfee, for the Board to defer the Lease and Performance Agreement with SportsQuest to June 23, 2010. Ayes: Holland and Durfee. Nays: Gecker, Jaeckle, and Warren. Motion failed. Mr. Gecker called for a vote on the motion of Ms. Jaeckle, seconded by Mr. Warren, for the Board to (1) authorize the County Administrator to approve a lease with SportsQuest for 10-362 05/26/10 the County's use of 9 synthetic recreational fields located at the intersection of Route 288 and Powhite Parkway; (2) authorize the County Administrator to approve a performance agreement between SportsQuest and the Economic Development Authority of Chesterfield County which includes the payment of two grants; (3) reduce the general fund transfer to the Parks and Recreation Capital Improvement Program by $1,915,000 to help facilitate the lease payment for the recreational fields; (4) transfer $206,600 from the reserve for future capital projects; (5) appropriate $2,178,400 in occupancy tax reimbursements; and (6) increase the appropriation in the Parks, Recreation, and Cultural general fund category by $4,300,000. Ayes: Gecker, Jaeckle, and Warren. Nays: Holland. Abstain: Durfee. Mr. Warren requested the County Administrator to follow up with some recommendations to the Board for filling the funding gap of $180,000 for lights at Huguenot field. Ms. Durfee stated there is no doubt the county will benefit from SportsQuest. 9. REPORTS 9.A. REPORT ON DEVELOPER WATER AND SEWER CONTRACTS 9.B. REPORT ON STATUS OF GENERAL FUND BALANCE, RESERVE FOR FUTURE CAPITAL PROJECTS, DISTRICT IMPROVEMENT FUNDS AND LEASE PURCHASES 9.C. REPORT ON ROADS ACCEPTED INTO THE STATE SECONDARY SYSTEM On motion of Mr. Warren, seconded by Ms. Jaeckle, the Board accepted the following reports: A Report on Developer Water and Sewer Contracts; A Report on Status of General Fund Balance, Reserve for Future Capital Projects, District Improvement Funds and Lease Purchases; and A Report on Roads Accepted into the State Secondary System. And, further, the following roads were accepted into the State Secondary Sytem: A T)T) T T T CAN LENGTH GRAMPIAN @ HIGHLANDS (Effective 03/15/2010) Duntrune Court (Route 7431) - From Duntrune Drive (Route 7430) to cul-de-sac 0.10 Mi. Duntrune Drive (Route 7430) - From Eastfair Drive (Route 5186) to Duntrune Court (Route 7431) 0.06 Mi. Duntrune Drive (Route 7430) - From Duntrune Court (Route 7431) to cul-de-sac 0.09 Mi. Grampian Court (Route 7433) - From Grampian Lane (Route 7432) to cul-de-sac 0.05 Mi. J J J 10-363 05/26/10 Grampian Lane (Route 7432) - From Duntrune Drive (Route 7430) to Grampian Court (Route 7433) Grampian Lane (Route 7432) - From Grampian Court (Route 7433) to cul-de-sac TANNER VILLAGE SECTION C (Effective 3/15/2010) ^~t u Jeffries Place (Route 5945) - From Jeffries Way (Route 5842) to cul-de-sac Jeffries Place (Route 5945) - From Jeffries Way (Route 5842) to cul-de-sac Jeffries Way (Route 5842) - From 0.08 miles south of Camack Trail (Route 5840) to Jeffries Place (Route 5945) WATKINS CENTRE PARKWAY (Effective 3/31/2010) Watkins Centre Parkway (Route 7225) - From 0.14 miles north of Midlothian Turnpike (Route 60) to 0.55 miles north of Midlothian Turnpike (Route 60) Watkins Centre Parkway (Route 7225) - From 0.11 miles north of Midlothian Turnpike (Route 60) to 0.14 miles north of Midlothian Turnpike (Route 60) Watkins Centre Parkway (Route 7225) - From Midlothian Turnpike (Route 60) to 0.11 miles north of Midlothian Turnpike (Route 60) BELLE SPRING TOWNES (Effective 04/20/2010) Belle Pond Drive (Route 7461) - From Belmont Road (Route 651) to cul-de-sac CENTER POINTE PARKWAY EXTENDED (Effective 04/22/2010) Center Pointe Parkway (Route 6040) - From 0.28 miles west of Charter Colony Parkway (Route 754) to end of maintenance CENTER POINTE PARKWAY EXTENSION (Effective 04/22/2010) Center Pointe Parkway (Route 6040) - From Charter Colony Parkway (Route 754) - to 0.13 miles west of Charter Colony Parkway (Route 754) Center Pointe Parkway (Route 6040) - From 0.13 miles west of Charter Colony Parkway (Route 754) to 0.28 miles west of Charter Colony Parkway (Route 754) KIMLYNN (Effective 04/13/2010) Kimlynn Trail (Route 7460) - From Kimlynn Trail (Route 7460) start of loop to Kimlynn Trail 10-364 0.15 Mi. 0.06 Mi. 0.09 Mi. 0.08 Mi. 0.05 Mi. 0.41 Mi. 0.03 Mi. 0.11 Mi. 0.11 Mi. 0.52 Mi. 0.13 Mi. 0.15 Mi. 05/26/10 (Route 7460) end of loop 0.24 Mi. Kimlynn Trail (Route 7460) - From Beach Road (Route 655) to 0.41 miles south of Beach Road (Route 655) start of loop 0.41 Mi. KINGS FARM 6 (Effective 04/19/2010) Ashton Cove Court (Route 7457) - From Ashton Cove Drive (Route 7456) to cul-de-sac 0.05 Mi. Ashton Cove Drive (Route 7456) - From Riverdowns South Drive (Route 5744) to Ashton Cove Court (Route 7457) 0.06 Mi. Ashton Cove Drive (Route 7456) - From Ashton Cove Court (Route 7457) to cul-de-sac 0.06 Mi. Knights Run Court (Route 7459) - From Knights Run Drive (Route 7458) to cul-de-sac 0.04 Mi. Knights Run Drive (Route 7458) - From Knights Run Court (Route 7459) to cul-de-sac 0.14 Mi. Knights Run Drive (Route 7458) - From Riverdowns South Drive (Route 5744) to Knights Run Court (Route 7459) 0.04 Mi. REDEEMER WEST LUTHER CHURCH (Effective 04/26/2010) Rosehall Terrace (Route 7455) - From Old Hundred Road (Route 652) to cul-de-sac 0.06 Mi. Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. 10. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED MATTERS There were no speakers ~t this time. 11. CLOSED SESSION (1) PURSUANT TO SECTION 2.2-3711(A)(7), CODE OF VIRGINIA, 1950, AS AMENDED, FOR CONSULTATION WITH LEGAL COUNSEL REGARDING SPECIFIC LEGAL MATTERS RELATING TO 2010 GENERAL ASSEMBLY HOUSE BILL 374/ SENATE BILL 63; 1950, AS AMENDED, RELATING TO THE PERFORMANCE OF A SPECIFIC COUNTY EMPLOYEE; AND 3) PURSUANT TO SECTION 2.2- 3711(A)(1), CODE OF VIRGINIA, 1950, AS AMENDED, RELATING TO THE PERFORMANCE OF A SPECIFIC COUNTY EMPLOYEE; AND 3 PURSUANT TO § 2.2-3711 A 1 CODE OF VIRGINIA, 1950, AS AMENDED, RELATING TO THE APPOINTMENT OF A SPECIFIC COUNTY EMPLOYEE On motion of Ms. Durfee, seconded by Mr. Holland, the Board deferred the Closed Session, 1) pursuant to § 2.2-3711(A)(7), Code of Virginia, 1950, as amended, for consultation with legal counsel regarding specific legal matters relating to 2010 General Assembly HB374/SB63; 2) pursuant- to § 2.2- 3711(A)(1), Code of Virginia, 1950, as amended, relating to the performance of a specific County employee; and 3) pursuant to § 2.2-3711(A)(1), Code of Virginia, 1950, as J J J 10-365 05/26/101 amended, relating to the appointment of a specific County employee to the end of the meeting. C Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. 12. DINNER AT 5:00 P.M. IN ROOM 502 On motion of Ms. Durfee, seconded by Mr. Holland, the Board recessed to the Lane B. Ramsey Administration Building, Room 502, for dinner. Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. Reconvening: 13. INVOCATION Mr. Don Kappel, Director of Public Affairs, gave the invocation. 14. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Eagle Scout Ryan Carter led the Pledge of Allegiance to the Flag of the United States of America. 15. RESOLUTIONS 15.A. RECOGNIZING MATTHEW AND DIANA BOTSET FOR THEIR CONTRIBUTIONS TO THE CHESTERFIELD-COLONIAL HEIGHTS DEPARTMENT OF SOCIAL SERVICES FOSTER CARE AND ADOPTION PROGRAM Dr. Suzanne Fountain introduced Mr. and Mrs. Matthew and Diana Botset, along with members of their family, who were present to receive the resolution. On motion of Mr. Holland, seconded by Ms. Jaeckle, the Board adopted the following resolution: WHEREAS, Matthew and Diana Botset have served as a foster/resource family in Chesterfield County for 21 years, caring for foster and adopted children; and WHEREAS, Governor Robert McDonnell has proclaimed May as "Foster Care Month" in Virginia, honoring individuals who provide care to children placed in foster care; and WHEREAS, the goal of foster care is to ensure permanency for children, whether by return to family or adoption; and WHEREAS, the Chesterfield-Colonial Heights Department of Social Services recruits, trains and supports foster parents to provide short-term care, and resource parents to provide short- and long-term homes for foster children, as they can become the adoptive parents when a child in their care is freed for adoption; and WHEREAS, Matthew and Diana Botset were approved as foster/resource parents in 1989 and have since opened their home to more than 15 foster children, adopted three foster 10-366 05/26/10 children to become permanent members of their family, and provided temporary care of numerous children as respite for other foster parents; and WHEREAS, Diana Botset is a registered nurse by profession and Matthew Botset also serves Chesterfield County as a lieutenant on the police force, both providing responsible role models for the children in their care; and WHEREAS, after 21 years, the Botset family continues to serve the Department of Social Services as a respite foster family, and provides guidance and inspiration to other foster and resource families; and WHEREAS, the Botsets are a loving and committed couple who enjoy being parents to their four children - a son born to them, two adopted sons, and one adopted daughter, and who demonstrate commitment to the involvement of the birth families of children; and WHEREAS, the Botsets have maintained relationships with foster children after the children left their home and continue to maintain a relationship with the birth family of their adopted daughter; and WHEREAS, the social workers who have worked with the Botset family praise them and commend them for their service and work with children in foster care. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 26th day of May 2010, publicly recognizes the outstanding contributions of Matthew and Diana Botset, expresses the appreciation of all residents for their service to the county, and congratulates them on their 21 years of service. AND, BE IT FURTHER RESOLVED that a copy of the resolution be presented to Mr. and Mrs. Botset 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. Ms. Jaeckle presented the executed resolution and expressed appreciation to Mr. and Mrs. Botset for their contributions to children in Chesterfield County. Mr. Botset expressed appreciation for the recognition of the Board of Supervisors. He stated the support received from the community has been outstanding. 15.B. RECOGNIZING BOY SCOUTS UPON ATTAINING THE RANK OF EAGLE SCOUT 15.B.1. MR. RYAN MURDOCK, MIDLOTHIAN DISTRICT 15.B.2. MR. CODY TYLER TALMADGE, MIDLOTHIAN DISTRICT 15.B.3. MR. CLAUDE RANDALL RAMEY, JR., BERMUDA DISTRICT 15.B.4. MR. RYAN HANSBROUGH CARTER, MATOACA DISTRICT 15.B.5. MR. JASON LOUIS SCHERER, MATOACA DISTRICT Mr. Kappel introduced Mr. Cody Tyler Talmadge, Mr. Claude Randall Ramey, Jr., Mr. Ryan Hansbrough Carter, and Mr. Jason J J 10-367 05/26/10 Louis Scherer, who were present, along with members of their families, to receive their resolutions. u u On motion of Mr. Warren, 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, 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. Cody Tyler Talmadge, Troop 829, sponsored by Saint Matthias' Episcopal Church, Mr. Ryan Murdock, Troop 800, sponsored by Bethel Baptist Church, Mr. Claude Randall Ramey, Jr. and Mr. Ryan Hansbrough Carter, both of Troop 2880, sponsored by Beulah United Methodist Church, and Mr. Jason Louis Scherer, Troop 806, sponsored by Woodlake United Methodist 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, Cody, Ryan, CJ, Ryan and Jason 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 26th day of May 2010, hereby extends its congratulations to Mr. Cody Tyler Talmadge, Mr. Ryan Murdock, Mr. Claude Randall Ramey, Jr., Mr. Ryan Hansbrough Carter, and Mr. Jason Louis Scherer 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. Ryan Murdock was unable to attend the meeting.) Ms. Durfee, Ms. Jaeckle and Mr. Gecker presented the executed resolutions and patches to Mr. Talmadge, Mr. Ramey, Mr. Carter and Mr. Scherer, congratulated them on their achievements and wished them well in future endeavors. Mr. Talmadge, Mr. Ramey, Mr. Carter and Mr. Scherer provided details of their Eagle Scout projects and expressed appreciation for their parents' support. 15.C. RECOGNIZING THE 50TH ANNIVERSARY OF HENING ELEMENTARY SCHOOL Mr. Kappel introduced Mr. Matthew Maher, who was present to receive the resolution. 10-368 05/26/10 On motion of Ms. Durfee, seconded by Mr. Holland, the Board adopted the following resolution: WHEREAS, Hening Elementary School, located in Chesterfield County's Dale Magisterial District, was opened in September 1959; and WHEREAS, the school's first principal was Mrs. Margaret Floyd, who served from 1959 to 1961; and WHEREAS, the school is named for Mr. J. Garland Hening, who served for 17 years on the Chesterfield County School Board and for three terms as a member of the county's Board of Supervisors; and WHEREAS, Hening Elementary School has grown over the years, with four additions since it first opened; and WHEREAS, the school served as a training facility from 1973 to 1983 for children with intellectual disabilities; and WHEREAS, in September 1976, Hening Elementary offered an Early Intervention program for children with developmental delays; and WHEREAS, the school has been a center-based gifted- student school since 1987, with 15 Chesterfield County feeder schools currently participating; and WHEREAS, Mr. Matthew Maher became principal of Hening Elementary School in July 2006 and continues to serve in that capacity; and WHEREAS, Hening Elementary School currently has a student enrollment of approximately 875 children; and WHEREAS, the proud, 50-year history of Hening Elementary School as an important component of Chesterfield County's outstanding educational system is deserving of special recognition on the occasion of the school's golden anniversary. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 26th day of May 2010, publicly recognizes the exemplary contributions of Hening Elementary School to Chesterfield County and its residents over the past 50 years, and extends congratulations and best wishes to the school's faculty, administration, staff and students. Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. Mr. Holland expressed appreciation to Mr. Maher for the outstanding work done at Hening Elementary School. Mr. Maher expressed appreciation for the recognition by the Board of Supervisors. J J J 10-369 05/26/10 15.D. RECOGNIZING MS. ANNE CANIPE AND DR. BRENDA MAYO FOR THEIR OUTSTANDING LEADERSHIP IN PRESENTING COSBY HIGH SCHOOL'S ANNUAL MEMORIAL DAY TRIBUTE TO THE UNITED STATES MILITARY 0 ~iQ Mr. Kappel introduced Ms. Anne Canipe and Dr. Brenda Mayo, who were present to receive the resolution. On motion of Mr. Holland, seconded by Ms. Durfee, the Board adopted the following resolution: WHEREAS, guaranteeing the safety of its citizens is the most fundamental of governmental responsibilities; and WHEREAS, the members of the armed forces of the United States of America are those men and women who serve around the globe, 24 hours a day, 365 days a year, often in harm's way, to protect our nation and to guarantee the safety of all Americans; and WHEREAS, the members of the military often must endure unusual hardships, dangers and separation from their loved ones in order to fulfill their military commitments; and WHEREAS, it is because of the courage and selflessness of our military service members and their families that all Americans can sleep peacefully at night and enjoy the quality of life that is so often taken for granted; and WHEREAS, throughout our nation's history, many members of the military have died in service of their nation, and always are remembered, but especially on Memorial Day; and WHEREAS, Memorial Day traces its history back to the Civil War, when ladies of the South decorated the graves of fallen soldiers, and was first officially observed on May 30, 1868, when flowers were placed on the graves of Union and Confederate soldiers at Arlington National Cemetery; and WHEREAS, since 2007, Ms. Anne Canipe, a teacher at Cosby High School, and Dr. Brenda Mayo, Cosby High School's principal, have organized and conducted Cosby High School's annual Memorial Day tribute to the United States Military; and WHEREAS, their leadership and patriotism have imbued in Cosby High School's students and in others a deep appreciation for the important role of the U. S. military in our everyday lives; and WHEREAS, the students and faculty at Cosby High School look forward to the annual tribute, and provide photos of family members who' have served or are serving in the U. S. military for inclusion in a slide show that all faculty, staff and students enjoy viewing; and WHEREAS, the members of our military services greatly appreciate the sentiments and well wishes of Cosby High School's students, faculty and staff; and Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. 10-370 05/26/10 Ms. Durfee presented the executed resolution and expressed appreciation to Ms. Canipe and Dr. Mayo for conducting the Memorial Day service at Cosby High School. Ms. Canipe expressed appreciation to the Board of Supervisors for the recognition. She introduced Major Carl Leonard. with the Police Department, who also serves with the Coast Guard, and his daughter, Alex, a senior at Cosby High School. She stated seniors at Cosby High School are graduating and entering the military every year. Dr. Mayo expressed appreciation to the Board of Supervisors for the recognition. Ms. Jaeckle stated she admired Major Leonard for his work with the military. She further stated Ms. Canipe has an unbelievable gift of inspiring children. She expressed appreciation to Ms. Canipe. Major Leonard expressed appreciation to Ms. Canipe and Dr. Mayo for their support of the military. 16. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED MATTERS Ms. Michelle McQueen and Ms. Alicia Smith-Freshwater presented a letter from Chesterfield Alumnae Delta Sigma Theta, Inc. to Chief Senter expressing the organization's appreciation for the outstanding efforts of the county's first responders. Mr. Holland expressed appreciation to Chesterfield Alumnae Delta Sigma Theta, Inc. for the work they perform in the community. 8.B.12. 8.B.12.a. MEMORANDUMS OF UNDERSTANDING AUTHORIZE THE COUNTY ADMINISTRATOR TO EXECUTE WITH THE RICHMOND ANIMAL LEAGUE Lt. Col. John Austin stated the Chesterfield County Police Department Animal Control Unit and the Chesterfield County Humane Society serve to promote animal welfare at the Chesterfield County Animal Shelter. He further stated one focus of the Memorandum of Understanding is to promote the adoption of animals from the shelter and reduce the euthanasia of animals which come into the shelter. Ms. Nancy Brown, the President of Chesterfield Humane Society, provided details of what the society does for the animal shelter. She stated the humane society donates $30,000 a year of services and supplies to the animal shelter. She further stated voluizteers will take the animals from the animal shelter and coordinate adoptions. Ms. Jaeckle expressed appreciation to Ms. Brown for her volunteer services. In response to Mr. Gecker's question, Lt. Col. Austin stated staff is recommending adoption of the Memorandum of Understanding. J J J 10-371 05/26/1C Mr. Bob Herndon, a Matoaca District resident, stated the Memorandums of Understanding are worthless, which require the organizations to do basically nothing. He further stated the Memorandums of Understanding are a major failure from a citizen's standpoint. 0 C~ On motion of Mr. Holland, seconded by Ms. Jaeckle, the Board authorized the County Administrator to execute a Memorandum of Understanding with the Richmond Animal League on the behalf of the County. (It is noted a copy of the Memorandum of Understanding is filed with the papers of this Board.) Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. 8.B.12.b. WITH THE CHESTERFIELD COUNTY HUMANE SOCIETY On motion of Mr. Holland, seconded by Ms. Durfee, the Board authorized the County Administrator to execute a Memorandum of Understanding with the Chesterfield County Humane Society on the behalf of the County. (It is noted a copy of the Memorandum of Understanding is filed with the papers of this Board.) Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. 9.D. REPORT OF PLANNING COMMISSION SUBSTANTIAL ACCORD DETERMINATION FOR CHESTERFIELD COUNTY PLANNING DEPARTMENT (CASE lOPD0233) TO PERMIT CONVERSION OF A PUBLIC MIDDLE SCHOOL (CHESTER MIDDLE) TO A PUBLIC SCHOOL ACCOMMODATING THE NINTH GRADE ^~ Mr. Gecker stated this item was deferred from the afternoon session due to a request from citizens to speak to it. He further stated a Report of Planning Commission Substantial Accord Determination typically would not have public comment. He stated the issue before the Board is a land use issue, not an operational issue. Ms. Durfee stated the Board is not in a position to undo a decision made by the School Board on this particular issue. She expressed concerns relative to the confusion about when the Substantial Accord would be before the Board, which was originally scheduled to be heard at the June meeting. She stated the citizens need to be given the opportunity to address the Board on this issue. She further stated many citizens may not be able to adjust their schedule with a two- day notice. Ms. Durfee then made a motion, seconded by Mr. Holland for the Board to defer consideration of a report of Planning Commission Substantial Accord Determination for Chesterfield County Planning Department (Case lOPD0233) to permit conversion of a public middle school (Chester Middle) to a public school accommodating the ninth grade. Mr. Holland stated he supports open .discussion which allows the citizens to have input. 10-372 05/26/10 In response to Mr. Gecker's question, Mr. Micas stated the normal process for a Substantial Accord Determination is for the Board to accept or reject the report. He further stated the Board does have the discretion to set the Substantial Accord Determination for public hearing. Ms. Durfee stated although it is not typical to set a Substantial Accord Determination for public hearing, this issue was particularly charged. She further stated although the Board cannot undo a decision made by the School Board, it is important as a governing body to give citizens the opportunity to express their concerns. Mr. Warren stated he would support the motion to defer the Substantial Accord Determination for 30 days. He further stated he would rather err on the side of receiving more input from the citizens. Mr. Gecker stated the Board has been very open to public comment. He further stated citizens get discouraged by multiple deferrals of items and a number of citizens have come to .the meeting to voice their concerns. Ms. Durfee stated the citizens who attended the meeting should be allowed to speak and there were a lot of citizens that were unable to adjust their schedules with a two-day notice to be able to attend the meeting. She further stated the Board should be given the opportunity to review the report from the Planning Commission before being required to make a decision. She stated the Board does not have the authority to undo the decision made by the School Board. Ms. Jaeckle stated she agrees the citizens should be given an opportunity to speak to the issue. She further stated she does not like to receive information right before a public hearing and be expected to vote on an item. Ms. Durfee stated the fact that the Substantial Accord Determination was scheduled to be heard at this meeting puts the citizens at a disadvantage due to the short notice. She suggested allowing the citizens to speak at this meeting and the next meeting. Mr. Holland stated it is reasonable to defer this item given the fact that the entire Board has not reviewed the report. Discussion ensued relative to allowing citizens to speak to the issue at two meetings. Mr. Gecker called for a vote on the motion of Ms. Durfee, seconded by Mr. Holland for the Board to defer to June 23, 2010, consideration of a report of Planning Commission Substantial Accord Determination for Chesterfield County Planning Department (Case lOPD0233) to permit conversion of a public middle school (Chester Middle) to a public school accommodating the ninth grade. Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. J J J 10-373 05/26/10 17. 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 19 u U ~neNn~~Q In Clover Hill Magisterial District, RICHMOND 20 MHz LLC requests conditional use and amendment of zoning district map to permit a communications tower in an Agricultural (A) District on 2 acres fronting 20 feet on the east line of South Old Hundred Road, 580 feet south of Rose Glen Drive. Density will be controlled by zoning conditions or ordinance standards. The Comprehensive Plan suggests the property is appropriate for residential use of 2.2 units per acre or less and conservation/recreation use. Tax IDs 731-681-Part of 8265; 732-681-Parts of 4585 and 3768; and 733-681-Part of 0761. Mr. Turner stated the applicant is requesting a 60-day deferral to the July 28, 2010 meeting. Mr. Brennan Keene, the applicant's representative, requested a 60-day deferral to July 28, 2010. Mr. Gecker called for public comment. There being no one to speak to the deferral request, the public hearing was closed. Mr. Warren expressed appreciation to Mr. Keene for looking for more suitable sites, which will be more compatible with the surrounding neighborhoods. On motion of Mr. Warren, seconded by Mr. Holland, the Board deferred Case lOSN0168 to July 28, 2010. Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. lOSN0166 In Dale Magisterial District, EVAN SOMOGYI requests conditional use and amendment of zoning district map to permit a tattoo parlor (to include body piercing) on 0.8 acre of a 13.5 acre tract located in a General Business (C-5) District fronting 340 feet on the south line of Hull Street Road, 210 feet east of Speeks Drive. Density will be controlled by zoning conditions or ordinance standards. The Comprehensive Plan suggests the .property is appropriate for general commercial and medium density residential use of 1.51 to 4.0 units per acre. Tax ID 746-684-6733. Mr. Turner presented a summary of Case lOSN0166 and stated the Planning Commission and staff recommended approval of the request subject to the conditions. 10-374 05/26/10 Mr. Evan Somogyi stated he was in agreement with the conditions in the staff report. Mr. Gecker called for public comment. There being no one to address the request, the public hearing was closed. Mr. Holland stated Case lOSN0166 was deferred to allow time for more discussion on the request. He further stated the Planning Commission and staff recommended approval of the request and he sees no reason not to approve it. Mr. Holland then made a motion, seconded by Ms. Durfee, to approve Case lOSN0166, subject to the conditions. Ms. Jaeckle stated although she is sure Mr. Somogyi will run a safe tattoo shop, she is concerned about the perception associated with tattoo and piercing shops locating in declining areas. She stated the county spends a lot of money on revitalization and she does not feel comfortable approving something that may be contradictory to those efforts. In response to Mr. Gecker's question, Mr. Somogyi stated he was approached by the landlord and the property owner for the parcel about opening a tattoo shop on the property. He further stated tattooing is more mainstream than it has ever been. Ms. Jaeckle stated she understands more people are getting tattoos. Mr. Somogyi stated approving the tattoo shop will be keeping taxpayer's money in Chesterfield. In response to Ms. Durfee's question, Mr. Somogyi stated all of the tattoo and piercing artists have to be certified by the Department of Health. He further stated there has to be a separate room for the biohazard materials. He stated the business will operate similar to a doctor's office. Ms. Durfee stated the tattoo shop is a business which will keep taxpayer money in the county. In response to Ms. Jaeckle's question, Mr. Somogyi stated there are currently no tattoo parlors in Chesterfield County. On motion of Mr. Holland, seconded by Ms. Durfee, the Board approved Case lOSN0166 subject to the following conditions: 1. This conditional use shall be granted to and for Evan Somogyi only and shall not be transferable nor run with the land. (P) 2. This conditional use shall be for the operation of a tattoo parlor (to include body piercing), provided such uses shall not be located beyond 200 feet of the ultimate right-of-way of Hull Street Road . ( P ) (Note: This condition is in addition to conditions of approval for Cases 02SN0281 and 05SN0114.) J J J 10-375 05/26/10 3. In the event the county or state adopts health regulations for these businesses, this business shall be subject to any such regulations. (P) C Ayes: Gecker, Holland, Warren, and Durfee. Nays: Jaeckle. lOSN0192 In Matoaca Magisterial District, NEW CINGULAR WIRELESS PCS, LLC (AT&T) requests conditional use and amendment of zoning district map to permit a communications tower in an Agricultural (A) District on 25.3 acres fronting 20 feet on the south line of Hickory Road, 1890 feet west of Matoaca Road. Density will be controlled by zoning conditions or ordinance standards. The Comprehensive Plan suggests the property is appropriate for residential use of 1 unit per acre or less. Tax IDs 776-619-8107; and 776-620-Parts of 9733 and 7234. Mr. Turner stated Ms. Durfee is requesting deferral of Case lOSN0192 for 30 days to the June 23, 2010 meeting. Mr. Brennan Keene, the applicant's representative, stated they have no objection to the deferral request by Ms. Durfee. Mr. Gecker called for public comment. There being no one to address the deferral request, the public hearing was closed. Ms. Durfee stated she is requesting the deferral to allow time to review the lay of the land. Ms. Durfee then made a motion, seconded by Mr. Holland, for the Board to defer Case lOSN0192 to June 23, 2010. Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. 18. PUBLIC HEARINGS 18.A. TO CONSIDER THE EXERCISE OF EMINENT DOMAIN FOR THE ACQUISITION OF PARCELS OF LAND ALONG HOPRINS ROAD 0 Mr. Dupler stated this date and time had been advertised for the Board to consider the exercise of eminent domain for the acquisition of parcels of land along Hopkins Road. He further stated the purpose of the eminent domain is to allow the county to install a water line. Mr. Gecker called for public comment. There being no one to speak to the request, the public hearing was closed. On motion of Mr. Holland, seconded by Mr. Warren, the Board authorized the County Attorney to proceed with eminent domain for the acquisition of parcels of land, each containing 0.10 10-376 05/26/10 acres, along Hopkins Road and authorized staff to enter and take such properties prior to eminent domain proceedings. Ayes: Nays: 18.B. Gecker, Holland, Jaeckle, Warren, and Durfee. None. WATER TANK TO CONSIDER LEASING SPACE ON THE COUNTY'S MIDLOTHIAN Mr. Dupler stated this date and time had been advertised for the Board to consider leasing space on the County's Midlothian Water Tank. Mr. Gecker called for public comment. There being no one to address the request, the public hearing was closed. On motion of Mr. Gecker, seconded by Mr. Warren, the Board approved the leasing of space on the County's Midlothian Water Tank to Clear Wireless, LLC. Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. There was a 5-minute recess. Reconvening: lOSN0174 In Matoaca Magisterial District, PEGASUS TOWER COMPANY Ltd requests conditional use and amendment of zoning district map to permit a communications tower in a Residential (R-9) District on 0.2 acre fronting 20 feet on the north line of Timber Bluff Parkway, 550 feet east of Woolridge Road. Density will be controlled by zoning conditions or ordinance standards. The Comprehensive Plan suggests the property is appropriate for public use. Tax ID 718-680-Part of 1818. Mr. Clay presented a summary of Case lOSN0174. He stated staff recommends approval of the request noting the proposal conforms to Public Facilities Plan and the Tower Siting Policy. He further stated the Planning Commission recommended denial of the proposal noting that in their view it does not comply with the Tower Siting Policy and Woodlake requires utilities to be located underground. In response to Mr. Gecker's question, Mr. Clay stated the closest residence is about 400 feet from to the proposed site for the tower. Ms. Carrie Coyner, the applicant's representative, presented an overview on Case lOSN0174 to include benefits to public safety; the need for adequate cellular service; and benefit of additional revenue for the county. Ms. Andrea Epps suggested the Board to hold a series of educational seminars about the towers which would be a dialogue between the local government, the citizens and the J J J 10-377 05/26/10 representatives of the tower industry. She stated the seminars may facilitate a better understanding for the citizens. U u Ms. Susan Siegfried stated the citizens are not against technology and it is not appropriate to put cell tower in the Woodlake Community. She further stated the majority of her neighbors in Woodlake do not want the cell tower. She requested the Board deny the cell tower request. In response to Mr. Gecker's question, Mr. Clay stated the Tower Siting Policy also addresses towers being placed on major thoroughfares. Mr. Ray Turcan, the former president of the Board of Directors for the Woodlake Association, spoke in opposition to the request. He stated the proposed tower would have a long-term economical impact on the neighborhood. He further stated a survey was made of the Woodlake community and the majority of the residents were opposed to the tower location. Ms. Karen Paulik spoke in opposition to the proposed cell tower location. She stated she would not have purchased a home in Woodlake if the cell tower would have already been built. Mr. Jay Hackleman spoke in opposition to the proposed cell tower location. He stated he moved to Woodlake because of the natural surroundings used throughout the neighborhood. He further stated there is cellular service in Woodlake. Mr. Freddie Boisseau stated he will not be directly affected by the proposed cellular tower. He further stated Woodlake's decision to oppose the cellular tower will affect others in the county. Mr. George Rogerson, Vice President of the Woodlake Community Association, urged the Board to deny the application for a cellular tower. He stated the proposed location of the cellular tower does not meet with restrictions of the Woodlake Community Association. Ms. Sharon McCowski, a Woodlake resident, spoke in opposition to the cellular tower location. Mr. Roland Peterman, a Foxcroft community resident, spoke in opposition to the location of the cellular tower due to the potential health risks on the students of Woolridge Elementary. Ms. De1Rio Walkey spoke in opposition to the proposed cellular tower location. Mr. Dave Faulkner, a member of Woodlake Board of Directors, spoke in opposition to the request due to the potential health risks. Ms. Julie Joyner, the Community Manager for Woodlake, provided an excerpt from the Woodlake covenants, which does not support the cellular tower location. Mr. Daren Gardner stated he has lived next. to power lines and a cellular tower for the majority of his life and has not had 10-378 05/26/10 any health affects. He further stated the technology is needed in the county. There being no one else to address the request, the public hearing was closed. Ms. Durfee expressed appreciation for the speakers who attended the meeting. Ms. Coyner stated there are several locations of cellular towers on school sites throughout the county. She further stated the results of the survey were inaccurate. She stated the Tower Siting Policy needs to be updated. She further stated the location of the proposed cellular tower will have a minimal impact on the community. Ms. Durfee stated she questioned why Planning staff recommended approval of the request because the language in the Tower Siting Policy clearly states the location for the cell tower is inappropriate. She further stated staff said if the applicant would reduce the height of the cell tower and minimize the visual effects of the cell tower it would be appropriate. She stated the Policy provides guidelines for placement of cell towers within the county and it clearly states to steer away from placing them near residential developments. She further stated Woodlake is a planned community that has been in existence for 28 years and has no above ground utilities. She stated she does not want the Board to set a precedent of going against a community's covenants by approving the location of the cell tower. She further stated there is no need for a cell tower located within Woodlake because there is not a problem with receiving cell phone service in the area. She stated the survey that was conducted by the Woodlake Community Association had a good response from the community and the majority of the responses opposed the. cell tower. She further stated the other school sites within the county that have cell towers do not have the towers as freestanding structures. She stated even though the cell tower is proposed to be placed on the edge of the tree line at Woolridge Elementary, it will be able to be seen from Woolridge Road and Timberbluff Parkway. Ms. Durfee then made a motion, seconded by Mr. Warren, for the Board to deny Case lOSN0174. Mr. Warren stated the county has been very open to cell towers in areas where they are appropriate. Mr. Holland stated in regards covenant it is hard to envision further stated technology is eve to the underground utilities how the future will be. He r changing. Discussion ensued relative to the location of freestanding cellular towers at school facilities. Dr. Mike Etienne, Communications Specialist for the school system, stated there are no facilities at Woolridge Elementary for co-location of cellular towers but there .are facilities at Clover Hill High School. Ms. Jaeckle stated there is a mixed opinion as to whether a cell tower adds to or detracts from a property's value. She further stated although there is coverage in Woodlake now, J J J 10-379 05/26/10 the continued growth is going to cause the service to get weaker. She stated when staff went through the Tower Siting Policy there was an attempt to accommodate safety issues regarding cell phone communications. 0 In response to Ms. Jaeckle's question, Dr. Etienne stated Clover Hill Elementary has several large poles located on the back of the property which could be utilized for co-location for cellular towers. Ms. Durfee stated there is not a difficulty with cell phone service in the area around Woolridge Elementary and .the likelihood of having difficulty in the future is less likely. Ms. Jaeckle stated in the future there will be more cell phone users which will cause a decrease in coverage. Mr. Gecker called for a vote on the motion of Ms. Durfee, seconded by Mr. Warren, for the Board to deny Case lOSN0174. Ayes: Gecker, Nays: Jaeckle. Abstain: Holland. Warren, and Durfee. 20. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED MATTERS There were no speakers at this time. 11. CLOSED SESSION (1) PURSUANT TO SECTION 2.2-3711(A)(7), CODE OF VIRGINIA, 1950, AS AMENDED, FOR CONSULTATION WITH LEGAL COUNSEL REGARDING SPECIFIC LEGAL MATTERS RELATING TO 2010 GENERAL ASSEMBLY HOUSE BILL 374/ SENATE BILL 63; 2) PURSUANT TO SECTION 2.2-3711(A)(1), CODE OF VIRGINIA, 1950, AS AMENDED, RELATING TO THE PERFORMANCE OF A SPECIFIC COUNTY EMPLOYEE; AND 3) PURSUANT TO SECTION 2.2- 3711(A)(1), CODE OF VIRGINIA, 1950, AS AMENDED, RELATING TO THE PERFORMANCE OF A SPECIFIC COUNTY EMPLOYEE; AND 3) PURSUANT TO § 2.2-3711(A)(1), CODE OF VIRGINIA, 1950, AS AMENDED, RELATING TO THE APPOINTMENT OF A SPECIFIC COUNTY EMPLOYEE On motion of Ms. Durfee, seconded by Mr. Warren, the Board went into Closed Session (1) Pursuant to Section 2.2- 3711(A)(7), Code of Virginia, 1950, as Amended, for Consultation with Legal Counsel Regarding Specific Legal Matters Relating to 2010 General Assembly House Bill 374/ Senate Bill 63; 2) Pursuant to Section 2.2-3711(A)(1), Code of Virginia, 1950, as Amended, Relating to the Performance of a Specific County Employee; and 3) Pursuant to Section 2.2- 3711(A)(1), Code of Virginia, 1950, as Amended, Relating to the Performance of a Specific County Employee; and Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. Reconvening: 10-380 05/26/10 On motion of Ms. Durfee, seconded by Mr. Holland, the Board adopted the following resolution: WHEREAS, the Board of Supervisors has this day adjourned into Closed Session in accordance with a formal vote of the Board and in accordance with the provisions of the Virginia Freedom of Information Act; and WHEREAS, the Virginia Freedom of Information Act effective July 1, 1989 provides for certification that such Closed Session was conducted in conformity with law. NOW, THEREFORE BE IT RESOLVED, the Board of Supervisors does hereby certify that to the best of each member's knowledge, i) only public business matters lawfully exempted from open meeting requirements under the Freedom of Information Act were discussed in the Closed Session to which this certification applies, and ii) only such public business matters as were identified in the Motion by which the Closed Session was convened were heard, discussed, or considered by the Board. No member dissents from this certification. The Board being polled, the vote was as follows: Ms. Durfee: Aye. Ms. Jaeckle: Aye. Mr. Warren: Aye. Mr. Holland: Aye. Mr. Gecker: Aye. Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. 21. ADJOURNMENT On motion of Ms. Durfee, seconded by Mr. Warren, the Board adjourned at 10:53 p.m. to June 23, 2010 at 3:00 p.m. in the public meeting room. Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. J J J ames J. tegm er Count dministrator ~ ~ Q~ ~ Daniel A. Gecker Chairman 10-381 05/26/10