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2010-06-23 MinutesBOARD OF SUPERVISORS MINUTES June 23, 2010 0 Supervisors in Attendance: Mr. Daniel A. Gecker, Chairman Mr. James M. Holland, Vice Chrmn Ms. Dorothy A. Jaeckle Mr. Arthur S. Warren Ms. Marleen K. Durfee Mr. James J. L. Stegmaier County Administrator Staff in Attendance: Mr. Mike Bacile, Dir., Purchasing Ms. Janice Blakley, Clerk to the Board Mr. Kevin Bruny, Chief Learning Officer Ms. Debbie Burcham, Exec. Dir., Community Services Board Mr. Allan Carmody, Dir., Budget and Management Ms. Jana Carter, Dir., Juvenile Services Ms. Marilyn Cole, Asst. County Administrator Mr. Barry Condrey, Chief Information Officer Mr. Roy Covington, Dir., Utilities Ms. Mary Ann Curtin, Dir., Intergovernmental Relations 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. Thomas E. Jacobson, Dir., Revitalization Mr. Donald Kappel, Dir., Public Affairs Mr. Rob Key, Director, General Services Ms. Mary Lou Lyle, Acting Deputy County Admin., Management Services Ms. Mary Martin-Selby, Dir. of Human Resource Services Mr. John McCracken, Dir., Transportation Mr. Richard M. McElfish, Dir., Env. Engineering Mr. Jeffrey Mincks, County Attorney 10-382 06/23/10 Dr. William Nelson, Dir., Health Dept. Ms. Jo Lin Rohr, Quality Coordinator Chief Edward Senter, Fire Department Ms. Sarah Snead, Acting Deputy County Admin., Human Services Mr. Richard Troshak, Dir., Emergency Communications Center Mr. Kirk Turner, Dir., Planning Mr. Scott Zaremba, Directc of Human Resource Progran Mr. Rick Witt, Interim Director of Building Inspection Mr. Gecker called the regularly scheduled meeting to order at 3:01 p.m. 1. APPROVAL OF MINUTES FOR MAY 26, 2010 On motion of Ms. Durfee, seconded by Mr. Holland, the Board approved the minutes of May 26, 2010, as submitted. Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. 2. COUNTY ADMINISTRATOR'S COMMENTS 2.B. PRESENTATION REGARDING NATIONAL FLOOD INSURANCE PROGRAM/MAP MODERNIZATION PROJECT Mr. McElfish provided information to the Board relative to the National Flood Insurance Program (NFIP) and the Federal Emergency Management Agency's (FEMA's) updating of the existing National Flood Insurance Rate Maps (FIRMS). 2.C. PRESENTATION FROM THE SUSTAIN OUR COMMUNITIES COMMITTEE Mr. Ben Thorp, Chairman of the Sustain Our Communities Committee, provided an update to the Board relative to the Committee's written report, entitled "The Path Forward: Sustaining Chesterfield County's Older Communities." In response to Ms. Jaeckle's question, Mr. Thorp stated the committee would be happy to focus on any area the Board would like. He further stated the committee could bring back a detailed recommendation list to the Board. Mr. Gecker stated the Sustain Our Communities Committee is doing a great job. In response to Mr. Gecker's question, Mr. Jacobson stated staff could work on any recommendations made by the Committee which the Board directed them to. He further stated he has done research on the pattern books from other localities and J J J 10-383 06/23/10 that is a project which could be' turned around fairly quickly. 0 Ms. Jaeckle suggested that the CDBG grants have an action plan incorporated in their grant funding. Mr. Gecker stated it would be helpful if Mr. Jacobson prepared a list of the committee's recommendations which would most benefit the community. He further stated the county has already begun pro-active code enforcement and major corridor beautification under Mr. Jacobson's guidance on Route 60 and Jefferson Davis Highway. He suggested that any recommendations which would have broad countywide applicability and something the Board should review, be communicated with Mr. Stegmaier and added to the County Administrator's Reports. Ms. Jaeckle suggested the Sustain Our Communities Committee look into foreclosures in the community and research how the county can work to keep this problem from getting out of hand. Mr. Jacobson stated the committee receives reports every month on foreclosures throughout the county. He further stated he met with the Sheriff's Office to gather data which could be helpful to know which neighborhoods are having evictions due to foreclosures and assist the code enforcement departments. Ms. Durfee expressed appreciation for the amount of time and effort put into the report by the committee. In response to Ms. Durfee's question, Mr. committee has discussed which areas the coin on, but has not yet prioritized the areas. the committee would be happy to prioritize county which need assistance and provide Board. Thorp stated the zty needs to focus He further stated the areas in the the list to the Ms. Durfee stated it would be great to identify the problematic areas throughout the county. In response to Ms. Durfee's question, Mr. Thorp stated the committee has been making contacts with entities throughout the county that can help with the process, such as code enforcement, and future meetings are planned. He further stated schools are a vital part of the community and an effective way to work with the schools and School Board has not been identified. He stated one of the goals of the committee this year is to invite every School Board member to attend the committee meetings to discuss the importance of the schools and the need for more interaction. Ms. Durfee stated she and Mr. Rajah worked together during the Ettrick Clean-Up, to enlist a number of students from Ettrick to assist with the clean-up. In response to Mr. Holland's question, Mr. Jacobson stated the Revitalization Office has two staff members; however, their work is not just focused on neighborhoods. He further stated Chesapeake has established a core group that provides services to neighborhood organizations. He stated the 10-384 06/23/10 Revitalization Office in Chesterfield helps neighborhoods plan for their future. Mr. Holland stated the committee needs to invoke departments within the county that could be used on an ad hoc basis to assist with the committee's efforts. In response to Mr. Holland's question, Mr. Thorp stated county officials and staff have been accessible in meeting needs of the committee. He further stated the committee has not been able to meet with Schools staff, but is working on scheduling meetings. Mr. Holland expressed concerns about the School Board's support of the committee. He suggested that County Administration inform the School Board of what needs to be done to support the committee. In response to Mr. Holland's question, Mr. Thorp stated thel School Board has a big challenge and their number one goal is to provide quality education to the students, indicating that the goal is getting tougher to do with less money. He further stated everyone is being forced to adapt to financial changes. He stated schools need to be an active part of the community. He further stated there is riot enough interaction between the schools and the communities. He stated the committee can identify appropriate actions and help schools work with the communities in which they are located. Mr. Holland requested the County Administrator and the Chairman of the Board assist the committee with meeting with the School Board to work towards their goals. He stated action needs to be taken to complete the projects. He further stated he would like to see changes made along Hull Street and Hopkins Roads. Mr. Thorp stated the committee has received excellent cooperation from the Police Department. He further stated three roadblocks have been set up along Hopkins Road which have caught over 50 unlicensed drivers operating vehicles. Mr. Holland stated the projected $20 million in revenue from revitalized properties in the county needs to be taken seriously by the Board. He requested that the Board receive a prioritized list of projects ranked by order of importance and action plans in place as to when they will be completed. Mr. Durfee stated she and Mr. Rajah have participated in the Ettrick Clean-Up in the community. She suggested the committee contact each School Board member to see what they have done or what they are willing to do with their elected or appointed officials in their district. Mr. Holland stated he expects to see some coordination between Schools and the committee. Mr. Warren expressed appreciation for the committee members' work throughout the community. He suggested the committee dovetail their recommendations with the Comprehensive Plan Steering Committee to insure the. Comprehensive Plan includes their recommendations. J J J 10-385 06/23/10 Mr. Thorp stated the Sustain Our Communities committee has representation on the Comprehensive Plan Steering Committee. C Mr. Warren encouraged the committee to dovetail with RRPDC because revitalization is not just a Chesterfield issue but a regional issue. He stated RRPDC may be willing to take on some projects to help reduce the costs to Chesterfield. Ms. Jaeckle stated RRPDC is working on the revitalization project on Jefferson Davis Highway. She further stated the Police Department and the School System work very well together. She stated the School Resource Officers use the school setting to get a pulse of the community. Mr. Thorp stated working with the Police Department has solidified the relation with them and it is very effective. Mr. Gecker thanked Mr. Thorp for the presentation and expressed appreciation for the impressive work of the Sustain Our Communities Committee members. 2.D. GOVERNMENT FINANCE OFFICERS ASSOCIATION RECOGNITION OF THE ACCOUNTING DEPARTMENT C ~J Mr. Stegmaier stated the Government Finance Officers Association recently notified the Accounting Department that the County's Comprehensive Annual Financial Report (CAFR) for the fiscal year ended June 30, 2009 received a Certificate of Achievement for Excellence in Financial Reporting for the 29th consecutive year. He recognized Ms. Mary Lou Lyle and her staff for their outstanding work. 2.A. COUNTY ADMINISTRATOR'S REPORT Mr. Stegmaier stated he had met with The Virginia Institute of Government Board and received positive reports from the state's Chief Financial Officer as well as the senior regional economist from the Federal Reserve Board on economic growth. He further stated the county has received approval from VDOT to move forward with the Meadowville Interchange construction, which will be a major economic development project. He stated Shaw Industries has announced they are partnering with SportsQuest to assist with funding for the synthetic fields. 3. BOARD MEMBER REPORTS Mr. Holland stated he was happy to hear the positive news on the economy. He further stated it is important for the county to maintain investments and to continue creating jobs in the area. Ms. Durfee stated the Woolridge Road Crossing Project opened during the Memorial Day weekend and looks great. She further stated she has heard positive news from citizens regarding the Carp in the Swift Creek Reservoir working to combat the hydrilla. 10-386 06/23/10 4. REQUESTS TO POSTPONE AGENDA ITEMS AND ADDITIONS, DELETIONS OR CHANGES IN THE ORDER OF PRESENTATION On motion of Mr. Warren, seconded by Mr. Holland, the Board added Item 10.A., Closed Session 1) pursuant to Section 2.2- 3711 (A)(1), Code of Virginia, 1950, as amended, relating to the performance of a specific county employee; and 2) pursuant to Section 2.2-3711(A)(1), Code of Virginia, 1950, as amended, relating to the appointment of a specific county employee. Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. 5. RESOLUTIONS A. RECOGNIZING MS. MILDRED G. "BEPPIE" ZUBAN, EMERGENCY COMMUNICATIONS CENTER, UPON HER RETIREMENT On motion of Mr. Holland, seconded by Mr. Warren, the Board adopted the following resolution: WHEREAS, Ms. Mildred G. "Beppie" Zuban began her public service with the County as a Dispatcher in November 1977 in the Emergency Communications Center, and faithfully served Chesterfield County for 32-~ years until June 1, 2010; and WHEREAS, Ms. Zuban was able to adapt to the ever- changing environment and growth within Chesterfield County and the Emergency Communications Center, was instrumental in the implementation of the first Computer-Aided Dispatch System for Chesterfield County, and participated in the implementation of enhanced 9-1-1 and the county's radio system upgrades throughout her career; and WHEREAS, Ms. Zuban has served in a multitude of positions during her career to include Dispatcher, Cross- trained Dispatcher, Communications Training Officer, DCJS Instructor, Assistant Supervisor, and Supervisor; and WHEREAS, Ms. Zuban has significantly impacted the initial and continuous training of new hires employed by the Emergency Communications Center, and these contributions have afforded the center the ability to maintain and build its future communications officers; and WHEREAS, Ms. Zuban was presented a Lifesave Award for the successful application of pre-arrival instructions that resulted in the saving of a life; and WHEREAS, Ms. Zuban displayed a helpful, courteous, and caring attitude while working with internal and external customers; and WHEREAS, Ms. Zuban has provided a high level of commitment to her work performance as a thorough and conscientious employee; and WHEREAS, Ms. Zuban has provided the Emergency Communications Center and Chesterfield County with many years of loyal and dedicated service; and J J 10-387 06/23/10 WHEREAS, Chesterfield County and the Board of Supervisors will miss Ms. Zuban's diligent service. u NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 23rd day of June 2010, publicly recognizes Ms. Mildred G. "Beppie" Zuban, 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. AND, BE IT FURTHER RESOLVED that a copy of this resolution be presented to Ms. Zuban, 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 presented the executed resolution to Ms. Zuban and expressed appreciation for her commitment to the citizens of Chesterfield County. Mr. Stegmaier presented an acrylic statue and county watch to Ms. Zuban and expressed appreciation for her 32 years of dedication to the citizens of Chesterfield County. Ms. Zuban expressed appreciation for the recognition and for the opportunity to work for Chesterfield County. S.B. RECOGNIZING MR. MORING GRAVITY FOR HIS SERVICE AS A MEMBER OF THE CAMP BAKER MANAGEMENT BOARD Ms. Snead introduced Mr. Moring Gravitt, who was present to receive his resolution. On motion of Mr. Warren, seconded by Mr. Holland, the Board adopted the following resolution: WHEREAS, community service is among the greatest traditions of Chesterfield County residents; and WHEREAS, Mr. Moring Gravitt has been a valuable member of the Camp Baker Management Board from 2004 until 2010; and WHEREAS, Mr. Gravitt participated in contractor selection and oversight for the camp's .dining hall expansion and amphitheater; and WHEREAS, Mr. Gravitt participated in the development of a preventive maintenance and facilities renovation program for Camp Baker; and WHEREAS, Mr. Gravitt's relationship with the Chester Civitan Club has resulted in improved accessibility of camp facilities for individuals with disabilities; and WHEREAS, Mr. Gravitt spearheaded the Board's program for increasing availability of scholarships for campers with disabilities. 10-388 06/23/10 NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 23rd day of June 2010, publicly recognizes and commends Mr. Moring Gravitt for his devoted service to Chesterfield County and the Camp Baker Management Board. AND, BE IT FURTHER RESOLVED that a copy of this resolution be presented to Mr. Gravitt 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 to Mr. Gravitt and expressed appreciation for his dedication to Camp Baker. Mr. Gravitt expressed appreciation for the recognition of the Board. Mr. Stegmaier expressed appreciation to Mr. Gravitt for all of his work for the citizens of Chesterfield County. 5.C. RECOGNIZING DR. WILLIAM R. NELSON FOR HIS OUTSTANDING SERVICE TO THE CITIZENS OF CHESTERFIELD COUNTY Ms. Snead introduced Dr. William Nelson, who was present along with his wife, to receive the resolution. On motion of Mr. Holland, seconded by Ms. Durfee, the Board adopted the following resolution: WHEREAS, William R. Nelson, M.D., M.P.H., began his 30- year public health career with the Virginia Department of Health, the majority of his career serving as the Director of the Chesterfield Health District which includes Chesterfield County, Powhatan County and the City of Colonial Heights; and WHEREAS, Dr. Nelson served as a past president of the Virginia Public Health Association and the Virginia Academy of Preventive Medicine and as a member of the American Academy of Preventive Medicine, the American. Medical Association and the Medical Society of Virginia; and WHEREAS, Dr. Nelson has served on numerous boards and commissions including the Governor's Working Group on Rural Obstetrical Care, Chesterfield Health Center Commission, the Y2K Steering Committee for the state of Virginia, Planned Parenthood of Central Virginia; and WHEREAS, Dr. Nelson has been instrumental in the protection of the public's health in the areas of drinking water and sewage systems,. rabies prevention, numerous disease investigations .including Rayon Park; and WHEREAS, Dr. Nelson was instrumental in bringing public health assistance to the community following the 9-11-01 terrorist attacks, volunteering to be a member of the Richmond Academy of Medicine's Bioterrorism Taskforce, where he helped to create emergency contact magnets for physicians' offices, facilitated preparedness training for local J J J 10-389 06/23/10 responses to national emergencies, and helped to train hundreds of citizens and physicians; and WHEREAS, Dr. Nelson served as chairman of the Metropolitan Medical Response System (MMRS) Steering Committee for the Richmond region, which plans for an effective and comprehensive regional medical response immediately following an act of terrorism in central Virginia; and WHEREAS, Dr. Nelson demonstrated his commitment to the education and training of future physicians through his teaching efforts as an Associate Clinical Professor in Virginia Commonwealth University's Department of Epidemiology and Community Health; and WHEREAS, Dr. Nelson recognized the increasing prevalence of overweight and at-risk-for-overweight children in the United States, and organized a group of community leaders to address the issues surrounding childhood overweight and inactivity in Chesterfield County, and from this initiative, the Chesterfield Coalition for Active Children (COACH) was established whose mission is to create a healthy future by helping children, youths and their families to make healthy choices throughout their lives; and WHEREAS, Dr. Nelson organized the Central Virginia Asthma Coalition because of his concern with the impact of childhood asthma on the health of the community, serving as chair of the Coalition until December 2002; and WHEREAS, Dr. Nelson received the first 2004 Distinguished Service Award from the Richmond Academy of Medicine for fostering greater communication between the public health community and the medical community at large; and WHEREAS, in 2004, Dr. Nelson received the Virginia Crockford Award in recognition of his outstanding advocacy of and leadership in promoting health planning and community health improvement for the citizens of the state of Virginia; and WHEREAS, in 2008, Dr. Nelson was named one of Richmond's "Top Docs" by Richmond magazine; and WHEREAS, Dr. Nelson is a well-respected, dedicated and invaluable member of the Virginia Department of Health's public health team providing exceptional leadership at all levels including Acting State Health Commissioner, Acting Deputy Commissioner of Public Health, Acting Deputy Commissioner for Emergency Preparedness and Response and Acting Director of several health districts; and WHEREAS, because of Dr. Nelson's expert leadership, the Chesterfield Health District is recognized as one of the leading health districts. in the state. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 23rd day of June 2010, publicly recognizes the career achievements of Dr. William R. Nelson and extends of behalf of its members and the citizens of Chesterfield County, appreciation for his exemplary 10-390 06/23/10 leadership, his outstanding service to the county, and his commitment to the protection of the public's health. AND, BE IT FURTHER RESOLVED that a copy of this resolution be presented to Dr. Nelson 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 Dr. Nelson for his service to Chesterfield County citizens. He stated Dr. Nelson is the best in the state. He further stated Chesterfield County will miss Dr. Nelson's service to the community. Mr. Stegmaier stated Dr. Nelson is an example of how outstanding public service leadership makes a huge difference to the community. Dr. Nelson expressed appreciation for the recognition and for the Board's support of public health. 6. WORK SESSIONS 6.A. REVIEW 2010 GENERAL ASSEMBLY LEGISLATION Mr. Mincks summarized 2010 General Assembly legislative changes requiring Board action, as well as optional legislative changes permitting Board action, and- provided staff's recommendations for the legislative changes. In response to Ms. Jaeckle's questions, Mr. Mincks stated a temporary family health care structure would be allowed by right, but there would be a permitting process to ensure all development standards are met. On motion of Mr. Holland, seconded by Ms. Durfee, the Board referred to the Planning Commission for recommendation the legislative changes relative to: amending the County Code a) to permit a family subdivision for spouse of an immediate family member of the property owner; b) to allow certain assisted living/residential facilities licensed by the State Department of Social Services as by right uses; and c) to allow one "temporary family health care structure" on a single family lot as a permitted accessory use. And, further, the Board set public hearings to consider ordinance amendments to amend the County Code a) to increase the flat fee charged for an emergency response to a DUI/reckless driving incident to $350; b) to require vehicle salvage dealers to make reports to the Police Department; and c) to require pawnbrokers to file reports with the Police Department. And, further, the Board referred to the Police Department/County Attorney for recommendations on the legislative changes relative to amending the County Code to regulate solicitation and distribution of materials on public roadways. J J 10-391 06/23/10 And, further, the Board referred to the Budget and Audit Committee for recommendations on the legislative change relative to amending the County Code to separately classify manufacturing property using renewable energy. C And, further, the Board took no action on the legislative change to amend the County Code to provide for civil penalties for noise ordinance violations. Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. 6.B. ANNUAL REVIEW OF CASH PROFFER CALCULATIONS AND ADOPTION OF A MAXIMUM CASH PROFFER AMOUNT PER DWELLING UNIT FOR FY2011 AND CASH PROFFER POLICY CHANGES u u Mr. Carmody provided a summary of results of the cash proffer program. He stated approximately $526 million has been proffered to date; $54.8 million has been collected; and $44.3 million has been appropriated. He further stated more than 42,000 lots have been created with cash proffers and 10,200 lots have paid cash proffers. He reviewed the annual collection trends. He stated cash proffers comprise $19.6 million for the county/schools FY2011-FY2015 CIP. He reviewed building permit activity throughout the county. He stated the calculated cost of the impact of development totals $25,901 per dwelling unit with the largest driver for the increase being the decrease in the credit in the calculation. He reviewed the proposed changes to the cash proffer policy which will incorporate a state law enacted by the 2010 General Assembly regarding the timing of cash proffer payment. In response to Mr. Warren's question, Mr. Carmody stated approximately 25 to 50 percent of the number of units or number of zoning cases in Chesterfield County do not pay cash proffers. In response to Ms. Jaeckle's questions, Mr. Carmody stated if the cash proffer is adjusted downward using the Marshall and Swift Cost Index, it would be $17,904 per dwelling unit. He further stated the Board increased the cash proffer per dwelling unit in FY2010 to reflect the increase in the Marshal and Swift Cost Index from $18,080 to $18,966. Ms. Jaeckle stated it is surprising the county would only increase the cash proffer with the Marshall and Swift Cost Index, but not decrease it. In response to Mr. Holland's question, Mr. Carmody stated the seven cases which would decrease represent approximately 5,400 dwelling units, the largest being the Roseland case. In response to Ms. Durfee's questions, Mr. Carmody stated approximately half of all the homes that have paid proffers where done in the 1990s. He further stated the average cash proffer payment received in 2009 is just under $10,000. He stated the calculation presented to the Board is not affected by the Marshall and Swift Cost Index because it is a construction materials and activity inflation adjuster. He further stated the information used for the calculation is 10-392 06/23/10 the county's actual cost that has been incurred over multiple projects. Mr. Gecker stated the total cost is also impacted by the amount of state contribution for roads and it is interesting that people believe the amount of the cash proffer is what it would cost the county every time a house is built for public facilities. He further stated there is no question the model used for cash proffers has some logic to it although the state forecast to contribute to roads is now closer to zero than in the past. He stated what used to be considered a state government expense has been shifted to the private sector by reducing the credit amount to local governments. Discussion ensued relative to the calculation used for the cash proffer process and the amount of funding received from the state. Mr. Holland made a motion, seconded. by Mr. Gecker, for the Board to adopt the FY2010 maximum cash proffer at the rate of $18,966 per dwelling unit and the proposed changes to the policy. In response to Ms. Jaeckle's question, Mr. Gecker stated the motion includes the proposed changes to the policy and the maximum cash proffer amount. Mr. Gecker called for a vote on the motion of Mr. Holland, seconded by Mr. Gecker, for the Board to adopt the FY2010 maximum cash proffer at the rate of $18,966 per dwelling unit and the proposed changes to the policy. (It is noted a copy of the revised policy is filed with the papers of this Board.) Ayes: Gecker, Holland, Warren, and Durfee. Nays: Jaeckle. Ms. Durfee suggested that the Budget and Audit Committee review the cash proffer policy since so many questions are raised about it every year. She expressed concerns relative to the gap in the amount approved for the cash proffers and the actual cost to build facilities. Ms. Jaeckle cash proffer She further have to pay constructed built. stated she would like system incorporated in stated infill areas of the same proffer when as developments where to see a differentiated the Comprehensive Plan. development should not facilities are already facilities need to be Ms. Durfee stated the Comprehensive Plan Steering Committee has not been charged with including a differentiated cash proffer system in the Comprehensive Plan. She further stated it would be best for the Budget and Audit Committee to review the cash proffer policy because it would allow staff to bring relative information from other jurisdictions. Ms. Jaeckle stated the differentiated cash proffers was a topic brought up with the Comprehensive Plan consultants in the beginning of the process. Mr. Gecker stated. the calculation portion of the proffer policy has been lost over the years to the public.. He G J J 10-393 06/23/10 further stated the Marshall and Swift Cost Index has no place in the calculation. He stated the calculated cost of facilities went izp as opposed to the Marshall and Swift Cost Index decreasing. He further stated reviewing recent history of the cash proffer amounts shows approximately 75 percent of services are being covered as a part of government policy. He stated the Comprehensive Plan Steering Committee should review differentiated cash proffers to the extent they believe the system should be used as an .incentive in specific areas in which growth ought to be targeted. 7. DEFERRED ITEMS 7.A. CONSIDERATION OF AN AMENDED AND RESTATED PURCHASE AGREEMENT WITH NORTH AMERICAN PROPERTIES-ATLANTA, LTD FOR THE SALE OF APPROXIMATELY FIFTY-SEVEN ACRES OF COUNTY-OWNED LAND LOCATED AT THE INTERSECTION OF IRONBRIDGE ROAD AND COURTHOUSE ROAD C Mr. Dupler stated this item involved the potential sale of county-owned property at the intersection of Courthouse and Ironbridge Roads. The Board took no action. (It is noted that the Board taking no action will allow the county to consider new proposals for the subject property unencumbered by any pending agreements.) 8. NEW BUSINESS 8.A. APPOINTMENTS On motion of Mr. Warren, seconded by Ms. Durfee, the Board suspended its rules to allow simultaneous nomination/ appointment/reappointment of members to serve on various boards and commissions. Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. 8.A.1. RIVERSIDE REGIONAL JAIL AUTHORITY BOARD On motion of Ms. Durfee, seconded by Mr. Holland, the Board nominated/reappointed Ms. Mary Ann Curtin, as the county's alternate member to the Board of Directors of the Riverside Regional Jail Authority, effective July 1, 2010 and expires June 30, 2014, by adopting the following resolution: WHEREAS, Chapter 726 of the 1990 Acts of Assembly created the Riverside Regional Jail Authority (the "Authority"), which legislation was amended by Chapter 228 of the 1993 Acts of Assembly and Chapter 642 of the 1999 Acts of Assembly; and WHEREAS, the Board of the Authority consists of the sheriff from each member jurisdiction and one additional member (plus an alternate, if desired) from the jurisdiction appointed by the governing body for a four-year term; and 10-394 06/23/10 WHEREAS, the current term of the member and alternate expire June 30, 2010. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Chesterfield County that Ms. Mary Ann Curtin is reappointed as an alternate member of the Board of the Riverside Regional Jail Authority for a term beginning July 1, 2010 and ending June 30, 2014. Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. 8.A.2. RICHMOND METROPOLITAN AUTHORITY BOARD On motion of Ms. Durfee, seconded by Mr. Warren, the Board nominated/reappointed Mr. Charles R. "Dick" White, to serve on the Board of the Richmond Metropolitan Authority (RMA), whose term is effective July 1, 2010, and expires June 30, 2014. Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. 8.A.3. RICHMOND AREA METROPOLITAN PLANNING ORGANIZATION'S CITIZEN TRANSPORTATION ADVISORY COMMITTEE On motion of Ms. Durfee, seconded by Mr. Holland, the Board nominated/reappointed Mr. Herbert Richwine, Lt. John K. Jacobs and Mr. Jonathan H. Jackson (alternate) to serve on the Richmond Area Metropolitan Planning Organization's Citizen Transportation Advisory Committee, whose terms are effective July 1, 2010 and expire on June 30, 2012. Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. 8.A.4. BOARD OF BUILDING CODE APPEALS On motion of Ms. Durfee, seconded by Mr. Holland, the Board nominated/appointed/reappointed Mr. Robert W. Andrus, Mr. Steven M. Applegate, Mr. William G. Fields, Mr. Timothy D. Grider, Mr. George Foster, Mr. Michael Bricker and Mr. Mike Gill, to serve on the Board of Building Code Appeals, whose terms are effective July 1, 2010 and expire on June 30, 2013. Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. 8.A.5. SOCIAL SERVICES BOARD On motion of Mr. Holland, seconded by Ms. Durfee, the Board nominated/reappointed Mrs. Susie W. Brown and Mr. Dean A. Lynch to the Chesterfield/Colonial Heights Social Services Board, whose terms are effective July 1, 2010 and expire on June 30, 2014. Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. J J J 10-395 06/23/10 Nays: None. 8.A.6. COMMUNITY CRIMINAL JUSTICE BOARD On motion of Ms. Jaeckle, seconded by Mr. Warren, the Board nominated/reappointed The Honorable Frederick G. Rockwell, III, The Honorable Thomas L. Murphey, The Honorable William W. Davenport, Mr. Brad Peebles, Ms. Eileen Brown, Colonel Jeffrey W. Faries, Sheriff Toddd B. Wilson, Mr. Jim Zahringer, Mr. Edward Lee Coble, and Mr. Thierry G. Dupuis to serve on the Community Criminal Justice Board, whose terms are effective July 1, 2010 and will expire June 30, 2012. Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. Mr. Gecker expressed appreciation to the citizens appointed to the various boards and commissions for their willingness to serve. U 8.B. STREETLIGHT INSTALLATION COST APPROVALS On motion of Mr. Holland, seconded by Mr. Warren, the Board approved the following streetlight installations: Dale District: • Vicinity opposite 4809/4817 Selwood Road, on the existing pole Cost to install streetlight: $203.23 Midlothian District: • Intersection of Kim Drive and walmsley Boulevard, on the existing pole Cost to install streetlight: $349.87 Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. 8.C. CONSENT ITEMS 8.C.1. ADOPTION OF RESOLUTIONS 8.C.i.a. RECOGNIZING MRS. ANGELA E. WILDERMAN, TRANSPORTATION DEPARTMENT, UPON HER RETIREMENT On motion of Mr. Warren, seconded by Ms. Jaeckle, the Board adopted the following resolution: WHEREAS, Mrs. Angela E. Wilderman began her tenure of public service with Chesterfield County on March 18, 1986 as a part-time employee in the Environmental Engineering Department; and WHEREAS, Mrs. Wilderman was promoted to the full-time position of Senior Clerk Typist/Receptionist for the Environmental Engineering Department in 1987, to the position of Secretary for the Transportation Department in 1989, and 10-396 06/23/10 ~~ to the position of Administrative Secretary for the Transportation Department in 1994; and WHEREAS, Mrs. Wilderman demonstrated her commitment to continual self-improvement by obtaining an Associate of Applied Science Degree in Business Management in 2002; and WHEREAS, Mrs. Wilderman has been a member of the Tri- City Chapter of International Association of Administrative Professionals (IAAP) for thirteen years, serving on many committees including the Audit Committee and Member of the Year Committee; and WHEREAS, Mrs. Wilderman, in addition to being a faithful public servant, is a leader in the community with active participation in many organizations; and WHEREAS, Mrs. Wilderman and .her family are one of the founding families of Saint Augustine's Catholic Church where she participates in matey stewardship opportunities, serves in Liturgical Ministry as a Eucharistic Minister, has served as a Rite of Christian Initiation for Adults sponsor, was a Christian Formation Teacher, and participated in the Parish Council Discernment in 2007; and WHEREAS, Mrs. Wilderman is a member of the Friends of the Library for which she has provided her service to the Central Library in book sales, fund raising and as Treasurer; and WHEREAS, Mrs. Wilderman was a great leader in the collaborative effort between the Chesterfield Historical Society and Friends of the Library to publish The Full Plate cookbook in 2007; and WHEREAS, in 1981, Mrs. Wilderman became a charter member of the Chesterfield Historical Society and has served the organization as the President, chair of the Genealogy Committee, and Board Member helping with programs, budgetary, fundraising and many other aspects of management for the Historical Society; and WHEREAS, Mrs, Wilderman is a member of the Genealogical Research Institute of Virginia and her expertise in genealogy led her to research and publish "Marriage Records of Chesterfield County Abstracted from Microfilm 1771 - 1854", and to teach and assist others in genealogic research; and WHEREAS, Mrs. Wilderman is an active member of the Bermuda Hundred Chapter of the Daughters of the American Revolution (DAR), serving many years as the Registrar, and now the Regent for the Chapter; and WHEREAS, Mrs. Wilderman has been a dedicated and faithful employee of the County of Chesterfield for over 24 years and has plans to continue to serve the community in the future; and WHEREAS, Mrs. Wilderman will be missed by the employees of the Transportation Department, Community Development and County Administration for her years of professional service and support to the county. J J J 10-397 06/23/10 NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes the outstanding contributions of Mrs. Angela E. Wilderman at work and in the community, and expresses appreciation on behalf of all residents for her service to the county, congratulations and best wishes for a long and happy retirement. u Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. 8.C.l.b. RECOGNIZING FIREFIGHTER CHARLES S. STUMP, FIRE AND EMERGENCY MEDICAL SERVICES DEPARTMENT, UPON HIS RETIREMENT On motion of Mr. Warren, seconded by Ms. Jaeckle, the Board adopted the following resolution: WHEREAS, Firefighter Charles S. Stump will retire from the Chesterfield Fire and Emergency Medical Services Department, Chesterfield County, on July 1, 2010; and WHEREAS, Firefighter Stump attended Rec 1976 after transferring from the Fire Maintenance Shop, and has faithfully served years in various assignments, including as the Ettrick, Chester, Manchester and Clover Stations; and ;ruit School #6 in and EMS Fleet the county for 34 a firefighter at Hill Fire and EMS WHEREAS, Firefighter Stump was recognized for his actions in the winter of 1988 for his commendable leadership in the renovation and update of the Fire and EMS Department's Air Utility Unit when he traveled to Eagle Air, Inc. in North Carolina and provided insight and guidance into the overhaul and reconditioning of the unit with an updated compressor and air filtering system; and WHEREAS, Firefighter effective team member of Eng vehicle accident in January two trapped patients in a against a tree, two feet Parkway; and Stump was recognized as an ine 7 with a Unit Citation for a 2004, when his team extricated vehicle suspended upside down off the ground on Brandermill WHEREAS, Firefighter Stump was recognized in August 2004 with a Unit Citation as part of a two-person crew on Boat 7 for his commendable performance at a rescue, including the skilled removal of the Cloverleaf Lake Apartment occupants trapped by high water conditions during Tropical Storm Gaston; and WHEREAS, Firefighter Stump was recognized in February 2006 with an EMS Unit Citation along with his members of Truck 7 for their role in the extrication of three trapped patients from a vehicle on its side on Newby's Bridge Road resulting in life saves; and WHEREAS, Firefighter Stump was commended for his actions in the Spring and Fall of 2009 for making multiple visits to the Pierce Manufacturing facility in Appleton, Wisconsin, for his degree of expertise, years of applicable experience, and specification inspection of multiple pieces of aerial apparatus to include Trucks 9 and 7; and 10-398 06/23/10 WHEREAS, Firefighter Stump was commended for his voluntary response and .exemplary service to the City of Alexandria, Virginia in 2010; being assigned to Alexandria's Fire and EMS Station 203, he assisted with the tactical and operational responsibilities due to overwhelmed resources and staffing during a winter snow storm; and WHEREAS, Firefighter Stump was commended for his efforts in taking the lead on multiple emergency repairs to stations and apparatus, his mechanical knowledge, and as a tremendous resource to the department, and recently in the construction of a garage at the Clover Hill Fire and EMS Station that houses Brush and Boat #7. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes the contributions of Firefighter Charles S. Stump, expresses the appreciation of all residents for his service to the county, and extends appreciation for his dedicated service and congratulations upon his retirement. Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. 8.C.i.c. RECOGNIZING MR. THEODORE GROVES, DEPARTMENT OF MENTAL HEALTH SUPPORT SERVICES, UPON HIS RETIREMENT On motion of Mr. Warren, seconded by Ms. Jaeckle, the Board adopted the following resolution: WHEREAS, Mr. Theodore R. Groves will retire on August 1, 2010 after providing 22 years of dedicated and faithful service to Chesterfield County; and WHEREAS, Mr. Groves began his career with the Chesterfield County Department of Mental Health Support Services in October 1988 as Chief of MH/MR Program Evaluation; remained in that title until the Fall of -2002, when he became Strategic Manager, and then became Automation Coordinator in September 2009; and WHEREAS, Mr. Groves has been a valued member of the Department of Mental Health Support Services Leadership Team for over 20 years; and WHEREAS, Mr. Groves championed and was instrumental in developing Chesterfield Mental Health Support Services' health care and quality management program; and WHEREAS, Mr. Groves was a leader in the Chesterfield Community Services Board seeking and achieving national accreditation for all of its services; and WHEREAS, Mr. Groves was a strong advocate and leader in Chesterfield County's and the Chesterfield Department of Mental Health Support Services' diversity efforts, was one of the founding members of the Chesterfield County Diversity Advisory Board, and has shared many of his family experiences and his heritage, including being a descendant of the notorious western bandit Cherokee Bill and a direct relative J J J 10-399 06/23/10 of Harvey Groves who rode with Buffalo Bill's Wild West Show; and ~sJ WHEREAS, Mr. Groves is recognized as a national expert on the Health Insurance Portability and Accountability Act (HIPAA), especially as it relates to behavioral health care; and WHEREAS, Mr. Groves chaired the Virginia Association of Community Services Board HIPAA Committee to assist other statewide Community Services Boards in designing systems to comply with HIPAA regulations; and WHEREAS, Mr. Groves led and participated in numerous behavioral health system improvement efforts, including serving as the first Chair of the Virginia Association of Community Services Board Quality Committee, which assisted with establishing a framework for other Community Services Boards to measure and improve their quality efforts; and WHEREAS, Mr. Groves led Chesterfield Department of Mental Health Support Services' technology improvement efforts for the past 20 years, which has resulted in the acquisition and deployment of leading edge hardware and software for use by the department's health care staff; and WHEREAS, Mr. Groves championed and was a leader in the Chesterfield Department of Mental Health Support Services' current implementation of a new information system which includes an electronic health care record and a more efficient way in deploying technology to the end user. WHEREAS, Mr. Groves will be sorely missed for his professional contributions, his strategic thinking, and his commitment to the high quality of services provided to those served by the Chesterfield Department of Mental Health Support Services. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes the contributions of Mr. Theodore Groves, and extends appreciation for his 22 years of dedicated service to the county, congratulations upon his retirement, and best wishes for a long and happy retirement. Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. 8.C.l.d. RECOGNIZING MR. CHARLES E. WEST, UTILITIES DEPARTMENT, UPON HIS RETIREMENT On motion of Mr. Warren, seconded by Ms. Jaeckle, the Board adopted the following resolution: WHEREAS, Mr. Charles West will retire from Chesterfield County Utilities Department on July 1, 2010; and WHEREAS, Mr. West began his public service with Chesterfield County on September 16, 1975, when he was hired by the Chesterfield Utilities Department as a Meter Installation Laborer I; and 10-400 06/23/10 WHEREAS, Mr. West was promoted to a Senior Labor Crew Chief in 1981, where he has served faithfully until his retirement; and WHEREAS, Mr. West directed the day-to-day activities of crews responsible for the installation of thousands of new water services; and WHEREAS, Mr. West was focused on providing world-class customer service by consistently meeting or exceeding customer expectations; and WHEREAS, Mr. West continuously utilized his knowledge of service installation techniques and experience to provide water service that is safe, reliable and environmentally sound; and WHEREAS, Mr. West was highly respected and liked by his peers and co-workers; and WHEREAS, Mr. West willingly and faithfully worked after hours and during emergencies to ensure continued service to Chesterfield County's public water system customers; and WHEREAS, throughout his career with Chesterfield County, Mr. West displayed dependability, aptitude, good character and good values. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes Mr. Charles E. West', and extends on behalf of its members and the citizens of Chesterfield County, appreciation for over 34 years of exceptional service to the county. Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. 8.C.l.e. RECOGNIZING MRS. PATRICIA W. KIZZIE, DEPARTMENT OF BUDGET AND MANAGEMENT, UPON HER RETIREMENT On motion of Mr. Warren, seconded by Ms. Jaeckle, the Board adopted the following resolution: WHEREAS, Mrs. Kizzie began her tenure of public service with Chesterfield County on November 1, 1994, having previously devoted herself to public service for over 13 years with Virginia State University and the Virginia Department of Social Services; and WHEREAS, Mrs. Kizzie provided progressive and exemplary service with the Chesterfield-Colonial Heights Department of Social Services for 13 years, with responsibilities for budget development, audit assistance, Human Resources, purchasing and procurement, and facilities management; and WHEREAS, Mrs. Kizzie actively participated in numerous committees at the state and local level during her tenure with Chesterfield-Colonial Heights Department of Social Services including having served as Administrative Coach on the Social Services Cultural Diversity Committee; served as the Social Services Change Agent for the In-Focus project; served on the Social Services Quality Council and as goal J J J 10-401 06/23/10. champion for the Social Services communication goal team; served as the Project Coordinator for the Hornby Zeller Associates workload study as well as serving on the statewide advisory committee for this initiative; and C~ WHEREAS, Ms. Kizzie served on the Virginia Department of Social Services State/Local Collaborative as well as the Virginia League of Social Services Administrative Committee; and WHEREAS, Mrs. Kizzie served with distinction as a member of Chesterfield County's Advisory Committee on Cultural Diversity for many years, and on the Council of Chesterfield University; and WHEREAS, Mrs. Kizzie actively supported the County's strategic planning and quality improvement efforts, earning leadership certificates in LEAD and Stephen Covey's Seven Habits of Highly Effective People; and WHEREAS, in February 2008, Mrs. Kizzie transferred from her position as Assistant Director for Administration and Finance from the Chesterfield - Colonial Heights Department of Social Services to assume responsibilities as Assistant Director of Budget and Management; and WHEREAS, as Assistant Director of Budget and Management, Mrs. Kizzie dedicated herself to ensuring the fiscal strength, integrity and long term viability of the county by managing the development section of the department to include managing the county's capital improvement program consistent with the strategic goals and objectives of the organization; municipal finance functions including debt management policies, the Federal Stimulus Act, and economic development and growth management initiatives; assisted in maintaining the county's triple-AAA credit rating, managed the cash proffer program for discussion and annual presentation to the Board of Supervisors, and lent her talents and expertise to development of the Comprehensive Plan; and WHEREAS, Mrs. Kizzie set a standard of ethical behavior, sensitivity and a strong commitment to leadership and teamwork; and WHEREAS, Mrs. Kizzie will be missed by the employees of the departments of Budget and Management and Social Services for her professional service and support to the county. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes the outstanding contributions of Mrs. Patricia W. Kizzie, and expresses appreciation on behalf of all residents for her service to the county, congratulations, and best wishes for a long and happy retirement. Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. 10-402 06/23/10 8.C.l.f. RECOGNIZING MR. THOMAS TAYLOR, COMMUNITY DEVELOPMENT BLOCK GRANT DEPARTMENT, FOR HIS SERVICE TO CHESTERFIELD COUNTY On motion of Mr. Warren, seconded by Ms. Jaeckle, the Board adopted the following resolution: WHEREAS, Mr. Thomas Taylor has over 38 years of experience in Housing and Community Development, including 14 years as Director of the Community Development Block Grant Department for Chesterfield County; and WHEREAS, Mr. Taylor was instrumental in the acquisition and development of over 300 new homeownership opportunities to include three subdivisions; and WHEREAS, Mr. Taylor encouraged and facilitated) collaborative relationships with other county departments which created the potential for over 200 homes to be repaired, rehabilitated and maintained as well as the provision of public services to over 700,000 residents through programs in the Chesterfield County Public Schools,' Libraries, Parks and Recreation, the Boys and Girls Club of Metro Richmond, and the Children's Home of Virginia Baptist; and WHEREAS, during Mr. Taylor's tenure, the quality of life of many Chesterfield County residents improved through infrastructure improvements such as the Rayon Park Sewer Project, Winchester Greens Commercial Building and Dundas Road Drainage Project; and WHEREAS, Mr. Taylor worked diligently to develop public facility improvements such as the Ettrick Community Building, Ettrick Walking Trail, Chesterwood Drive Sidewalk Project, and the Camp Baker ADA conversion; and WHEREAS, Mr. Taylor fostered within the Community Development Block Grant Department a cooperative and innovative commitment to low and moderate income citizens in Chesterfield County; and WHEREAS, Mr. Taylor has partnered with numerous community groups serving low and moderate income citizens to provide programs which improved the quality of life in neighborhoods throughout the county. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes and thanks Mr. Thomas Taylor for his outstanding service to Chesterfield County. Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. 8.C.2. AWARD OF CONSTRUCTION CONTRACT FOR LAUREL ROAD DRAINAGE IMPROVEMENTS On motion of Mr. Warren, seconded by Ms. Jaeckle, the Board awarded a contract for the construction of Laurel Road J J J 10-403 06/23/10 Drainage Improvements to Virginia Concrete in the amount of $134,427.00 C U Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. 8.C.3. APPROVAL OF STREET NAME CHANGE FROM WEST BREVARD DRIVE TO BREVARD DRIVE On motion of Mr. Warren, seconded by Ms. Jaeckle, the Board approved the renaming of West Brevard Drive in The Vineyard at Forest View, Section 1 to Brevard Drive. West Brevard Drive was recorded on March 11, 2005, Plat Book 152, Page 20. The Tax ID's for the 18 affected parcels are: 793621160700000, 793621162800000, 793621230100000, 793621232100000, 793621024000000, 793621081400000, 793621093500000, 792621812800000, 792621902400000, 792621954600000, 792621991900000, 793620329300000, 793620428400000, 793620527500000, 793620549300000, 793621301500000, 793621390700000, and 79362146000000 Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. 8.C.5. REQUEST TO STAGE FIREWORKS DISPLAYS 8.C.5.a. AT THE CHESTERFIELD COUNTY FAIRGROUNDS On motion of Mr. Warren, seconded by Ms. Jaeckle, the Board approved a permit to stage a fireworks display at the Chesterfield County Fairgrounds on July 4, 2010. Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. 8.C.6. AUTHORIZE THE LIFELONG LEARNING INSTITUTE TO FILE AN APPLICATION REQUESTING CONDITIONAL USE APPROVAL TO PERMIT A PRIVATE SCHOOL ON COUNTY-OWNED PROPERTY IN A RESIDENTIAL (R-7) DISTRICT U On motion of Mr. Warren, seconded by Ms. Jaeckle, the Board authorized the Lifelong Learning Institute in Chesterfield to file an application requesting conditional use approval to permit a private school on county-owned property located in a Residential (R-7) District at 13801 Westfield Road (Tax ID 728-709-2614).. Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. 8.C.7. APPROVAL OF SPECIAL PROJECT SERVICE AGREEMENT FOR THE CFC/HCFC ("FREON") COLLECTION AND PROCESSING SERVICES PROGRAM WITH THE CENTRAL VIRGINIA WASTE MANAGEMENT AUTHORITY On motion of Mr. Warren, seconded by Ms. Jaeckle, the Board authorized the County Administrator to sign a Special Project 10-404 06/23/10 Service Agreement for the CFC/HCFC ("Freon") collection and processing program with the Central Virginia Waste Management Authority. Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. 8.C.9. AUTHORIZE THE RECEIPT AND APPROPRIATION OF GRANT FUNDS FROM THE DEPARTMENT OF HOMELAND SECURITY TO PROVIDE CITIZEN PREPAREDNESS TRAINING FOR THE CITIZENS OF CHESTERFIELD COUNTY On motion of Mr. Warren, seconded by Ms. Jaeckle, the Board authorized the Fire and Emergency Medical Services Department, Office of Emergency Management, to receive and appropriate $14,300 in grant funds from the Department of Homeland Security for training and coordinating the Community Emergency Response Teams (CERT). Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. 8.C.10. AUTHORIZATION TO AMEND THE COUNTY'S FISCAL SERVICES AGREEMENT WITH THE GREATER RICHMOND CONVENTION CENTER AUTHORITY On motion of Mr. Warren, seconded by Ms. Jaeckle, the Board authorized the County Administrator to amend the Fiscal Services Agreement with the Greater Richmond Convention Center Authority to reflect fiscal agent fees for FY2011 - FY2014. Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. 8.C.11. STATE ROAD ACCEPTANCE On motion of Mr. Warren, seconded by Ms. Jaeckle, the Board adopted the following resolution: WHEREAS, the street described below is shown on plats recorded in the Clerk's Office of the Circuit Court of Chesterfield County; and WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised this Board the street meets the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation. NOW, THEREFORE, BE IT RESOLVED, that this Board requests the Virginia Department of Transportation to add the street described below to the secondary system of state highways, pursuant to Section 33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements. AND, BE IT FURTHER RESOLVED, that this Board guarantees a clear and unrestricted right-of-way, as described, and any necessary easements for cuts, fills and drainage. J J J 10-405 06/23/10 AND, BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. C 0 Project: Windsor Hills, Section 4 Type Change 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 • Harrow Drive, State Route Number 1176 Old Route Number: 0 From: 0.33 miles west of Harrowgate Rd., (Rt To: 0.49 miles west of Harrowgate Rd., (Rt miles. Recordation Reference: Pb. 117, Pg. 51 Right of Way width (feet) = 52 144) 144), a distance of: 0.16 And, further, the Board adopted the following resolution: WHEREAS, the streets described below are shown on plats recorded in the Clerk's Office of the Circuit Court of Chesterfield County; and WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised this Board the streets meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation. NOW, THEREFORE, BE IT RESOLVED, that this Board requests the Virginia Department of Transportation to add the streets described below to the secondary system of state highways, pursuant to Section 33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements. AND, BE IT FURTHER RESOLVED, that this Board guarantees a clear and unrestricted right-of-way, as described, and any necessary easements for cuts, fills and drainage. AND, BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. Project: Stoney Glen South, Section 7 Type Change to the Secondary System of State Addition Reason for Change: New subdivision street Pursuant to Code of Virginia Statute: X33.1-229 Street Name and/or Route Number • Tooley Drive, State Route Number 5666 Old Route Number: 0 From: 0.01 miles east of Dampier Dr., (Rt. 5397) To: Tooley Pl., (Rt. 7292), a distance of: 0.08 miles. Recordation Reference: Pb. 163, Pg. 24 Right of Way width (feet) = 50 • Tooley Place, State Route Number 7292 Old Route Number: 0 From: Tooley Dr., (Rt. 5666) To: Cul-de-sac, a distance of: 0.10 miles. Recordation Reference: Pb. 163, Pg. 24 Right of Way width (feet) = 50 10-406 06/23/10 • Tooley Drive, State Route Number 5666 Old Route Number: 0 From: Tooley Pl., (Rt. 7292) To: Tooley Ct., (Rt. 7293), a distance of: 0.18 miles. Recordation Reference: Pb. 163, Pg. 24 Right of Way width (feet) = 50 • Tooley Court, State Route Number 7293 Old Route Number: 0 From: Tooly Dr., (Rt. 5666) To: Cul-de-sac, a distance of: 0.03 miles. Recordation Reference: Pb. 163, Pg. 24 Right of Way width (feet) = 50 • Tooley Drive, State Route Number 5666 Old Route Number: 0 From: Tooley Ct., (Rt. 7293) To: Glenmorgan Dr., (Rt. 7105), a distance of: 0.07 miles. Recordation Reference: Pb. 163, Pg. 24 Right of Way width (feet) = 50 • Glenmorgan Drive, State Route Number 7105 Old Route Number: 0 From: Tooley Dr., (Rt. 5666) To: Temp EOM, a distance of: 0.08 miles. Recordation Reference: Pb. 163, Pg. 24 Right of way width (feet) = 50 • Glenmorgan Drive, State Route Number 7105 Old Route Number: 0 From: Tooley Dr., (Rt. 5666) To: Temp EOM, a distance of: 0.03 miles. Recordation Reference: Pb. 163, Pg. 24 Right of Way width (feet) = 50 • Tooley Drive, State Route Number 5666 Old Route Number: 0 From: Glenmorgan Dr., (Rt. 7105) To: Temp EOM, a distance of: 0.06 miles. Recordation Reference: Pb. 163, Pg. 24 Right of Way width (feet) = 50 And, further, the Board adopted the following resolution: WHEREAS, the streets described below are shown on plats recorded in the Clerk's Office of the Circuit Court of Chesterfield County; and WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised this Board the streets meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation. NOW, THEREFORE, BE IT RESOLVED, that this Board requests the Virginia Department of Transportation to add the streets described below to the secondary system of state highways, pursuant to Section 33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements. J J J 10-407 06/23/10 AND, BE IT FURTHER RESOLVED, that this Board guarantees a clear and unrestricted right-of-way, as described, and any necessary easements for cuts, fills and drainage. 0 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: Stoaey Glen South, Section 8 Type Change to the Secondary System of State Addition Reasoa for Change: New subdivision street Pursuant to Code of Virginia Statute: §33.1-229 Street Name and/or Route Number • Tooley Drive, State Route Number 5666 Old Route Number: 0 From: 0.06 miles east of Glenmorgan Dr., (Rt. 7105) To: Tooley Tr., (Rt. 7488), a distance of: 0.08 miles. Recordation Reference: Pb. 167, Pg. 28 Right of Way width (feet) = 50 • Glenmorgan Drive, State Route Number 7105 Old Route Number: 0 From: 0.03 miles south of Tooley Dr., (Rt. 5666) To: Cul-de-sac, a distance of: 0.15 miles. Recordation Reference: Pb. 167, Pg. 28 Right of Way width (feet) = 50 • Tooley Terrace, State Route Number 7488 Old Route Number: 0 From: Tooley Dr., (Rt. 5666) To: Cul-de-sac, a distance of: 0.04 miles. Recordation Reference: Pb. 167, Pg. 28 Right of Way width (feet) = 50 • Tooley Drive, State Route Number 5666 Old Route Number: 0 From: Tooley Tr., (Rt. 7488) To: Cul-de-sac, a distance of: 0.07 miles. Recordation Reference: Pb. 167, Pg. 28 Right of Way width (feet) = 50 And, further, the Board adopted the following resolution: WHEREAS, the streets described below are shown on plats recorded in the Clerk's Office of the Circuit Court of Chesterfield County; and WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised this Board the streets meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation. NOW, THEREFORE, BE IT RESOLVED, that this Board requests the Virginia Department of Transportation to add the streets described below to the secondary system of state highways, pursuant to Section 33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements. AND, BE IT FURTHER RESOLVED, that this Board guarantees a clear and unrestricted right-of-way., as described, and any necessary easements for cuts, fills and drainage. 10-408 06/23/10 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: Queens Graat at Riverdowns, Section 5 Tie Change to the Secondary System of State Addition Reason for Change: New subdivision street Pursuant to Code of Virginia Statute: X33.1-229 Street Name and/or Route Number • Riverdowns South Drive, State Route Number 5744 Old Route Number: 0 From: 0.20 miles southwest of Post Mill Dr., (Rt. 5859) To: Royal Crest Dr., (Rt. 7506), a distance of: 0.06 miles. Recordation Reference: Pb. 176, Pg 16 Right of Way width (feet) = 50 • Royal Crest Drive, State Route Number 7506 Old Route Number: 0 From: Riverdowns South Dr., (Rt. 5744) To: Cul-de-sac, a distance of: 0.18 miles. Recordation Reference: Pb. 176, Pg 16 Right of Way width (feet) = 40 • Royal Crest Drive, State Route Number 7506 Old Route Number: 0 From: Riverdowns South Dr., (Rt. 5744) To: Cul-de-sac, a distance of: 0.35 miles. Recordation Reference: Pb. 176, Pg 16 Right of Way width (feet) = 40 Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. 8.C.13. REQUESTS FOR PERMISSION 8.C.13.a. FROM JAMES R. HAYES AND NATALIA V. HAYES FOR A PROPOSED FENCE TO ENCROACH WITHIN A SIXTEEN-FOOT EASEMENT AND A THIRTY-FOOT DRAINAGE AND SEWER EASEMENT ACROSS LOT 49, STEWART VILLAGE, SECTION A AT CHARTER COLONY On motion of Mr. Warren, seconded by Ms. Jaeckle, the Board approved a request for permission from James R. Hayes and Natalia V. Hayes for a proposed fence to encroach within a 16-foot easement and a 30-foot drainage and sewer easement across Lot 49, Stewart Village, Section A at Charter Colony, subject to the execution of a license agreement. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. J J J 10-409 06/23/10 8.C.13.b. FROM MATTHEW W. ALLEY AND AMANDA R. ALLEY FOR AN EXISTING FENCE TO ENCROACH WITHIN A SIXTEEN-FOOT EASEMENT AND A THIRTY-FOOT DRAINAGE AND SEWER EASEMENT ACROSS LOT 44, STEWART VILLAGE, SECTION A AT CHARTER COLONY 0 On motion of Mr. Warren, seconded by Ms. Jaeckle, the Board approved a request for permission from Matthew W. Alley and Amanda R. Alley for an existing fence to encroach within a 16-foot easement and a 30-foot drainage and sewer easement across Lot 44, Stewart Village, Section A at Charter Colony, subject to the execution of a license agreement. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. 8.C.13.c. FROM KWOK WAH CHEUNG AND YUKLIN RITA CHEUNG FOR AN EXISTING FENCE TO ENCROACH WITHIN A SIXTEEN- FOOT EASEMENT AND A THIRTY-FOOT DRAINAGE AND SEWER EASEMENT ACROSS LOT 50, STEWART VILLAGE, SECTION A AT CHARTER COLONY ~~J On motion of Mr. Warren, seconded by Ms. Jaeckle, the Board approved a request for permission from Kwok Wah Cheung and Yuklin Rita Cheung for an existing fence to encroach within a 16-foot easement and a 30-foot drainage and sewer easement across Lot 50, Stewart Village, Section A at Charter Colony, subject to the execution of a license agreement. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. 8.C.13.d. FROM LAKEPOINTE HOMEOWNERS ASSOCIATION, INCORPORATED FOR A PROPOSED FLOATING BOAT DOCK AND EXISTING GAZEBO, DECK AND WALKING TRAIL TO ENCROACH WITHIN A VARIABLE WIDTH IMPOUNDMENT EASEMENT FOR SWIFT CREEK RESERVOIR, VARIABLE WIDTH STORMWATER MANAGEMENT/BEST MANAGEMENT PRACTICE EASEMENT AND SIXTEEN-FOOT SEWER EASEMENT ~J On motion of Mr. Warren, seconded by Ms. Jaeckle, the Board approved a request for permission from Lakepointe Homeowners Association, Inc. for a proposed floating boat dock and existing gazebo, deck and walking trail to encroach within a variable width impoundment easement for Swift Creek Reservoir, variable width SWM/BMP easement and 16-foot sewer easement, subject to the execution of a license agreement. (It is noted a copy of plat is filed with the papers of this Board.) Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. 10-410 06/23/10 8.C.13.e. FROM HOWARD W. MAJOR, JR. FOR A PROPOSED PRIVACY FENCE TO ENCROACH WITHIN AN EIGHT-FOOT DRAINAGE AND UTILITIES EASEMENT ACROSS LOT 8, BLOCK C, KENDALE ACRES ADDITION On motion of Mr. Warren, seconded by Ms. Jaeckle, the Board approved a request for permission from Howard W. Major, Jr. for a proposed privacy fence to encroach within an 8-foot drainage and utilities easement across Lot 8, Block C, Kendale Acres Addition, subject to the execution of a license agreement. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. 8.C.13.f. FROM MARIA DEL C. MELENDEZ FOR A PROPOSED FENCE TO ENCROACH WITHIN A SIXTEEN-FOOT DRAINAGE EASEMENT ACROSS LOT 8, KINGS FOREST, SECTION 12 On motion of Mr. Warren, seconded by Ms. Jaeckle, the Board approved a request for permission from Maria Del C. Melendez for a proposed fence to encroach within a 16-foot drainage easement across Lot 8, Kings Forest, Section 12, subject to the execution of a license agreement . ( It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. 8.C.13.g. FROM MICHAEL L. MILLER FOR A PROPOSED FENCE TO 70, HUNTINGCREEK HILLS, SECTION B ENCROACH WITHIN AN EIGHT-FOOT EASEMENT ACROSS LOT On motion of Mr. Warren, seconded by Ms. Jaeckle, the Board approved a request for permission from Michael L. Miller for a proposed fence to encroach within an 8-foot easement across Lot 70, Huntingcreek Hills, Section B, subject to the execution of a license agreement. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. 8.C.13.h. FROM JENNIFER M. JOLLIE FOR AN EXISTING FENCE TO ENCROACH ON COUNTY PROPERTY ADJACENT TO LOT 9, BLOCK S, SUNNYBROOK, SECTION 11 On motion of Mr. Warren, seconded by Ms. Jaeckle, the Board approved a request for permission from Jennifer M. Jollie for an existing fence to encroach on county property adjacent to Lot 9, Block S, Sunnybrook, Section 11, subject to the execution of a license agreement. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. J J J 10-411 06/23/10 8.C.14. ACCEPTANCE OF PARCELS OF LAND 8.C.14.a. FROM 6801 WOOLRIDGE ROAD-MOSELEY TRS LLC On motion of Mr. Warren, seconded by Ms. Jaeckle, the Board accepted the conveyance of two parcels of land containing a total of 23.725 acres from 6801 Woolridge Road-Moseley TRS ® LLC, and authorized the County Administrator to execute the deed. (It is noted copies of the plats are filed with the papers of this Board.) Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. 8.C.14.b. ALONG RIVER ROAD FROM RAYMOND J. CASELLA On motion of Mr. Warren, seconded by Ms. Jaeckle, the Board accepted the conveyance of two parcels of land containing a total of 0.206 acres along River Road from Raymond J. Casella 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. I 8.C.14.c. FOR THE EXTENSION OF MALL DRIVE FROM CONSOLIDATED SALES COMPANY INCORPORATED On motion of Mr. Warren, seconded by Ms. Jaeckle, the Board accepted the conveyance of a parcel of land containing 0.120 acres for the extension of Mall Drive from Consolidated Sales Co. Incorporated and authorized the County Administrator to execute the deed. (It is noted copies of the plats are filed with the papers of this Board.) Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. 8.C.14.d. ALONG ROBIOUS ROAD FROM WOODLANDS REAL ESTATE, LLC On motion of Mr. Warren, seconded by Ms. Jaeckle, the Board accepted the conveyance of three parcels of land containing a total of 0.021 acres along Robious Road from Woodlands Real Estate, LLC 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. 10 -412 06/23/10 8.C.14.e. ALONG JEFFERSON DAVIS HIGHWAY FROM JP MOUNT, LLC On motion of Mr. Warren, seconded by Ms. Jaeckle, the Board accepted the conveyance of a parcel of land containing 0.07 acres along Jefferson Davis Highway from JP Mount, LLC and authorized the County Administrator to execute the deed. (It is noted a copy of the plat is filed with the papers of this Board . ) Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. 8.C.14.f. REAL ESTATE, LLC FOR THE EXTENSION OF MALL DRIVE FROM WOODLANDS On motion of Mr. Warren, seconded by Ms. Jaeckle, the Board accepted the conveyance of four parcels of land containing a total of 5.479 acres for the extension of Mall Drive from Woodlands Real Estate, LLC and authorized the County Administrator to execute the deed. (It is noted copies of the plats are filed with the papers of this Board.) Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. 8.C.14.g. ALONG OLD FARM ROAD AT HUGUENOT PARK FROM WOODLANDS REAL ESTATE, LLC On motion of Mr. Warren, seconded by Ms. Jaeckle, the Board accepted the conveyance of a parcel of land containing 2.394 acres along Old Farm Road at Huguenot Park from Woodlands Real Estate, LLC and authorized the County Administrator to execute the deed. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. 8.C.15. RENEWAL OF LEASES 8.C.15.a. FOR THE OFFICE OF THE CHESTERFIELD/COLONIAL HEIGHTS ADULT DRUG COURT On motion of Mr. Warren, seconded by Ms. Jaeckle, the Board authorized the County Administrator to execute a lease with Steven Pugh for use by the Office of the Chesterfield/ Colonial Heights Adult Drug Court. Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. J J J 10-413 06/23/10 8.C.15.b. FOR THE EMPLOYEE HEALTH CLINIC On motion of Mr. Warren, seconded by Ms. Jaeckle, the Board authorized the County Administrator to execute a lease for the Employee Health Clinic. Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. 8.C.15.C. FOR THE PURCHASING DEPARTMENT On motion of Mr. Warren, seconded by Ms. Jaeckle, the Board authorized the County Administrator to execute a lease for office space with CS Development Company, Inc. for use by the Purchasing Department. Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. 8.C.16. FY2010 YEAR-END ADJUSTMENTS On motion of Mr. Warren, ; approved FY2010 revenue follows: 1) appropriated specific programs as well general fund departments revenues and expenditures seconded by Ms. Jaeckle, the Board and expenditure adjustments as revenues and expenditures for as authorized reallocations among and related funds and decreased as outlined on Schedule A; 2) appropriated revenues and expenditures and authorized other adjustments for specific programs, projects and non-general fund departments as outlined on Schedule B; 3) authorized the County Administrator to reserve and re-appropriate unspent FY2010 appropriations that are in excess of the FY2011 budgeted undesignated ending fund balance, contingent upon positive results of operations as determined by the county's financial audit; and 4) authorized the County Administrator to reserve and appropriate into FY2011 $379,912 in Utility Department funds contingent upon positive results of operations within the Utilities Department as determined by the county's financial audit. (It is noted Schedules A and B are filed with the papers of this Board.) Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. 8.C.17. APPROVAL OF FY2010 SCHOOL OPERATING FUND YEAR-END ADJUSTMENTS ® On motion of Mr. Warren, seconded by Ms. Jaeckle, the Board approved the FY2010 year-end revenue and expenditure adjusts for the School Operating Fund as follows: 1) reserved and appropriated into FY2011 unspent FY2010 appropriations as outlined on Attachment A contingent on individual item results of operations as determined by the county's financial audit; 2) reserved the amount indicated on Attachment A for the Appomattox Regional Governor's School; and 3) revised revenues as outlined in the resolution, Attachment B. (It is 10 -414 06/23/10 noted Attachments A and B are filed with the papers of this Board . ) Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. On motion of Mr. Holland, seconded by Ms. Durfee, the Board removed Item 8.C.4., Authorization to Refer to Planning Commission Proposed Reductions in Planning Fees for Certain Commercial Activities, from the Consent Agenda for public comment. Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. 8.C.4. AUTHORIZATION TO REFER TO PLANNING COMMISSION PROPOSED REDUCTIONS IN PLANNING FEES FOR CERTAIN COMMERCIAL ACTIVITIES Mr. Bob Schrum, the Government Relations Chair of the Chesterfield Chamber of Commerce, requested the Board extend the Planning Department fee holiday. He stated some people have concerns that the fee holiday really did not spur development in the county other than cell towers and LED signs. He further stated some development projects may take a while to get started. He stated extending the Planning fee holiday would jumpstart Chesterfield's economy. Mr. Holland stated it is important that the Board continue to invest and work toward job creation in the county. Mr. Holland then made a motion, seconded by Ms. Durfee, for the Board to authorize staff to refer to the Planning Commission proposed reductions in planning fees for certain commercial activities and to direct the Planning Commission to return a recommendation no later than August 17, 2010. Ms. Durfee stated the original intent of the planning fee holiday was to spur development in the county, but it has not fulfilled that obligation and needs to be looked at further. In response to Ms. Jaeckle's concerns, Mr. Mincks stated this item will allow the Planning Commission to review the entire fee holiday program, not just the numbers. Mr. Gecker stated he does not believe the planning fee holiday has been a success. He expressed concerns relative to allowing this program to continue, indicating that it could be impossible to get rid of in the future. He stated the only development which has been spurred by the fee holiday has been cell towers and LED signs. Ms. Jaeckle stated the planning fee holiday is different from some government programs that get started and are hard to discontinue. Mr. Gecker stated he does not view the planning fee holiday as an investment, but as a cost. 10-415 06/23/10 Ms. Durfee stated the Planning Commission should not be limited with its review of the planning fee holiday. Mr. Gecker called for a vote on the motion of Mr. Holland, seconded by Ms. Durfee, for the Board to authorize staff to refer to the Planning Commission proposed reductions in planning fees for certain commercial activities and to direct the Planning Commission to return a recommendation no later than August 17, 2010. Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. The following items were removed from the Consent Agenda for Board comment: 8.C.5.b. REQUEST TO STAGE FIREWORKS DISPLAY AT THE WOODLAKE PAVILION/AMPHITHEATER In response to Ms. Durfee's questions, Mr. Jerry Stroud, representing the Lakepointe Community Association, stated the Certificate of Insurance has been taken care of and the location of the fireworks will be on what is commonly known as Goose Island. On motion of Ms. Durfee, seconded by Mr. Holland, the Board approved a permit for Woodlake Community Association to stage a fireworks display at the Woodlake Pavilion/Amphitheater on September 4, 2010, with a rain date of September 5, 2010. Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. 8.C.8. DIRECT PLANNING COMMISSION TO CONSIDER AN ORDINANCE AMENDMENT TO ALLOW COLUMBARIA AS A RESTRICTED USE IN CERTAIN DISTRICTS Mr. Jim Trent, representing Bon Air Baptist Church, provided details on memory gardens and columbaria. He requested the Board amend the ordinance to allow memory gardens and columbaria. On motion of Mr. Warren, seconded by Ms. Jaeckle, the Board directed the Planning Commission to consider an ordinance amendment to allow columbaria as a restricted use in certain districts and return a recommendation to the Board within 100 days. Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. 8.C.12. ELECTION TO CONTINUE TO PAY VRS MEMBER CONTRIBUTIONS FOR NEW EMPLOYEES HIRED ON OR AFTER JULY 1, 2010 Mr. Holland stated the Board needs to adopt the resolution to pay VRS member contributions for new employees but also other associated benefits need to be studied for all county employees. He further stated the resolution could change 10-416 06/23/10 upon completion of a study of all benefits for county employees. Mr. Zaremba stated the General Assembly passed House Bill 1189 which created a weakened set of benefits for new hires that start on or after July 1, 2010. He further stated local governments were given an option to start charging five percent of the retirement contribution to new employees. In response to Mr. Gecker's question, Mr. Zaremba stated the new plan design basically makes employees work longer for their pension and the benefit formula is reduced. Mr. Gecker stated the county has indicated that there would be a second category for employees hired on or after July 1, 2010. Ms. Jaeckle stated if the Board elected to have the new employees pay the five percent to VRS, it would give the county the flexibility to work on increasing the salaries of all employees. In response to Ms. Jaeckle's question, Mr. Zaremba stated the county currently pays 15.06 percent of an employee's salary and starting July 1, 2010, the county will pay .16.59 percent of an employee's salary for VRS contributions. Ms. Jaeckle stated the states that are having issues with bankruptcy are the ones that are tied into retirement benefits and this is an opportunity to give the county more freedom. Mr. Zaremba stated new state employees will have to pay the five percent VRS contribution as well. Mr. Holland stated a number of local governments have chosen to pay the five percent VRS contribution for their new employees. In response to Mr. Warren's question, Mr. Zaremba stated the county could save approximately $370,000 per year if the Board elected to have new employees pay the five percent. Mr. Warren stated the county could theoretically shift the savings to increasing the salaries of existing and future employees. In response to Mr. Warren's question, Mr. Zaremba stated if no action is taken on the resolution, a second group of employees would be created starting July 1, 2010, which would have less benefits. Ms. Durfee expressed concerns relative to the county having issues with salaries at the entry level being too low. She stated she supported adoption of the resolution to pay the five percent VRS contribution, but changes are going to have to be made in the future. She suggested that the Budget and Audit Committee study the salaries of county's employees. In response to Mr. Holland's question, Mr. Zaremba stated many of the surrounding localities have not made a decision on the resolution, but the majority have said they are going to continue paying the employee portion of the VRS J J 10-417 06/23/10 contribution. He further stated he believes most of the localities are taking a wait and see approach. ^i~ u Mr. Stegmaier stated the City of Chesapeake will be requiring new employees to pay the five percent contribution to VRS. Ms. Durfee stated she supports moving forward with the resolution and again suggested that the Budget and Audit Committee study employees' salaries in the county. Mr. Holland stated it would simplify the process in HRM if the Board adopted the resolution to pay the five percent VRS. contribution for new employees. Ms. Durfee stated the VRS contributions will be an escalating cost in the future for the county and no locality will be able to sustain paying for it. She further stated the county could study salaries over the next year and make changes then. Mr. Gecker stated the Board should take no action on the resolution because of the potential that the escalating cost of VRS will get to a point where the county cannot sustain it. He further stated if the Board takes no action on the resolution, it will allow the county to retain the flexibility to provide compensation to our employees and retain the attractiveness as an employer. He stated he hopes the county plans to reinvest the savings back into compensation. He further stated it is not healthy for the employee base to be constantly faced with changes in benefits packages. Mr. Zaremba stated the Human Resources Department does not believe taking no action on the resolution will impact the county's ability to attract potential employees. Mr. Gecker stated the contribution and benefit sides of VRS have become a General Assembly political issue and the county should not be held hostage to the General Assembly. In response to Mr. Holland's question, Mr. Stegmaier stated the Chesterfield School Board elected to pay new employees' five percent contribution to VRS. Mr. Zaremba stated the majority of school boards throughout the state have elected to pay new employees' contribution to VRS. Ms. Durfee stated there is no way to know if taking no action on this resolution will impact the county's attractiveness to potential employees. She further stated she would like to study the potential impact on the county's attractiveness as an employer that taking no action will have. Mr. Holland stated new employees are usually hired at the lower end of the salary range, so taking no action on this item will impact the county in the long term. Mr. Warren stated he is not going to support adoption of the resolution at this time and that he is encouraged to hear that the Board is willing to shift the savings to existing employees to offset the cost of living. 10-418 06/23/10 Ms. Jaeckle stated she will not support adoption of the resolution. Mr. Holland made a motion, seconded by Ms. Durfee, for the Board to adopt a resolution to pay new employee member contributions to VRS. Ayes: Holland and Durfee. Nays: Decker, Jaeckle, and Warren. (It is noted the motion failed and the Board took no action on the resolution.) Mr. Decker stated this is a positive move on the part of the Board for existing county employees. He further stated this is an opportunity to adjust salaries of potential employees. 9. REPORTS 9.A. REPORT ON DEVELOPER WATER AND SEWER CONTRACTS 9.B. FUTURE CAPITAL PROJECTS, DISTRICT IMPROVEMENT FUNDS AND LEASE PURCHASES REPORT ON STATUS OF GENERAL FUND BALANCE, RESERVE FOR 9.C. REPORT ON ROADS ACCEPTED INTO THE STATE SECONDARY SYSTEM 9.D. REPORT OF PLANNING COMMISSION SUBSTANTIAL ACCORD DETERMINATION FOR CHESTERFIELD COUNTY PARKS AND RECREATION (CASE lOPD0231) TO PERMIT A PUBLIC PARK AT WATKINS ANNEX LOCATED ON WESTFIELD ROAD On motion of Ms. Durfee, seconded by Mr. Holland, 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; A Report of Planning Commission Substantial Accord Determination for Chesterfield County Parks and Recreation (Case lOPD0231) to Permit a Public Park at Watkins Annex Located at 13801 Westfield Road; and A Report on Roads Accepted into the State Secondary System. And, further, the following roads were accepted into the State Secondary System: 0718-080-511, M501 (Effective 05/26/2010) ABANDONMENT LENGTH Old Bon Air Road (Route 718) - From 0.01 miles northeast of Iron Mill Road (Route 2652) to 0.20 miles northeast of Iron Mill Road (Route 2652) -0.19 Mi. ~T1TITTTC~N Old Bon Air Road (Route 718) - From 0.01 miles northeast of Iron Mill Road (Route 2652) to 0.19 miles northeast of Iron Mill Road (Route 2652) 0.18 Mi. 10-419 06/23/10 COLONY POINTE (Effective 05/25/2010) Clay Ridge Drive (Route 7474) - From Clay Ridge Terrace (Route 7479) to Old Glory Road (Route 7481) 0.13 Mi. Clay Ridge Drive (Route 7474) - From Claypoint Road (Route 651) to Parrish Creek Lane (Route 5525) 0.05 Mi. Clay Ridge Drive (Route 7474) - From Parrish Creek Lane (Route 7475) to Clay Ridge Terrace (Route 7479) 0.06 Mi. Clay Ridge Terrace (Route 7479) - From Clay Ridge Drive (Route 7474) to cul-de-sac 0.04 Mi. Old Glory Road (Route 7481) - From Clay Ridge Drive (Route 7474) to cul-de-sac 0.05 Mi. Old Glory Road (Route 7481) - From Parrish Creek Lane (Route 5525) to temporary end of maintenance 0.02 Mi. Old Glory Road (Route 7481) - From Parrish Creek Lane (Route 5525) to Clay Ridge Drive (Route 7474) 0.07 Mi. Parrish Creek Circle (Route 7480) - From Parrish Creek Lane (Route 5525) to cul-de-sac 0.03 Mi. Parrish Creek Court (Route 7476) - From Parrish Creek Lane (Route 5525) to cul-de-sac 0.05 mi. Parrish Creek Lane (Route 5525) - From Clay Ridge Drive (Route 7474) to Parrish Creek. Court (Route 7476) 0.15 Mi. Parrish Creek Lane (Route 5525) - From Parrish Creek Court (Route 7476) to Parrish Creek Terrace (Route 7478) 0.13 Mi. Parrish Creek Lane (Route 5525) - From Parrish Creek Circle (Route 7480) to Old Glory Road (Route 7481) 0.14 Mi. Parrish Creek Lane (Route 5525) - From Parrish Creek Terrace (Route 7478) to temporary end of maintenance 0.09 Mi. Parrish Creek Place (Route 7477) - From Parrish Creek Lane (Route 7475) to cul-de-sac 0.05 Mi. Q Parrish Creek Terrace (Route 7478) - From Parrish Creek Lane (Route 5525) to cul-de-sac 0.04 Mi. ROSSINGTON 1 (Effective 05/20/2010) Ellenbrook Drive (Route 7485) - From Rossington Boulevard (Route 7483) to temporary end of maintenance 0.10 Mi. 10-420 06/23/10 ~~ Rossington Boulevard (Route 7483) - From Rossington Place (Route 7484) to temporary end of maintenance 0.03 Mi. Rossington Boulevard (Route 7483) - From Stockleigh Lane (Route 7200) to temporary end of maintenance 0.09 Mi. Rossington Boulevard (Route 7483) - From Ellenbrook Drive (Route 7485) to Rossington Place (Route 7484) 0.11 Mi. Rossington Boulevard (Route 7483) - From Stockleigh Lane (Route 7200) to Ellenbrook Drive (Route 7485) 0.06 Mi. Rossington Place (Route 7484) - From Rossington Boulevard (Route 7483) to cul-de-sac 0.08 Mi. ROSSINGTON 2 (Effective 05/24/2010) Ellenbrook Drive (Route 7485) - From Wensley Lane (Route 7487) to cul-de-sac 0.08 Mi. Ellenbrook Drive (Route 7485) - From 0.10 miles north of Rossington Boulevard (Route 7483) to Ellenbrook Place (Route 7486) 0.13 Mi. Ellenbrook Drive (Route 7485) - From Ellenbrook Place (Route 7486) to Wensley Lane (Route 7487) 0.08 Mi. Ellenbrook Place (Route 7486) - From Ellenbrook Drive (Route 7485) to cul-de-sac 0.07 Mi. Rossington Boulevard (Route 7483) - From 0.09 miles north of Stockleigh Lane (Route 7200) to Wensley Lane (Route 7487) 0.23 Mi. Rossington Boulevard (Route 7483) - From Wensley Lane (Route 7487) to cul-de-sac 0.04 Mi. Wensley Lane (Route 7487) - From Ellenbrook Drive (Route 7485) to Rossington Boulevard (Route 7483) 0.09 Mi. SILVER MEWS SECTION A (Effective 05/25/2010) Silver Mews Lane (Route 7462) - From Conifer Road (Route 640) to Silver Mist Avenue (Route 7463) 0.15 Mi. Silver Mist Avenue (Route 7463) - From Silver Mews Lane (Route 7462) to Spratling Way (Route 7464) 0.12 Mi. Silver Mist Avenue (Route 7463) - From Silver Mews Lane (Route 7462) to temporary end of maintenance 0.03 Mi. 10-421 06/23/10 Silver Mist Avenue (Route 7463) - From Spratling Way (Route 7464) to temporary end of maintenance Spratling Court (Route 7465) - From Spratling Way (Route 7464) to cul-de-sac Spratling Way (Route 7464) - From Silver Mist Avenue (Route 7463) to Spratling Court ® (Route 7465) SWIFT CREEK ESTATES (Effective 05/25/2010) Amonte Parkway (Route 7466) - From John Winston Jones Parkway (Route 5716) to Creekbed Road (Route 7470) Amonte Parkway (Route 7466) - From Creekbed Road (Route 7470) to Simmons Branch Road (Route 7467) C Amonte Parkway (Route 7466) - From Simmons Branch Road (Route 7467) to cul-de-sac Creekbed Road (Route 7470) - From Round Rock Road (Route 7471) to cul-de-sac Creekbed Road (Route 7470) - From Amonte Parkway (Route 7466) to Round Rock Road (Route 7471) John Winston Jones Parkway (Route 5716) - From 0.06 miles east of Matoaca High School (Route 9086) to Amonte Parkway (Route 7466) Round Rock Court (Route 7472) - From Round Rock Road (Route 7471) to cul-de-sac Round Rock Place (Route 7473) - From Round Rock Road (Route 7471) to cul-de-sac Round Rock Road (Route 7471) - From Round Rock Court (Route 7472) to cul-de-sac Round Rock Road (Route 7471) - From Creekbed Road (Route 7470) to Round Rock Place (Route 7473) Round Rock Road (Route 7471) - From Creekbed Road (Route 7470) to Round Rock Court (Route 7472) Round Rock Road (Route 7471) - From Round Rock Place (Route 7473) to cul-de-sac Simmons Branch Court (Route 7468) - From Simmons Branch Road (Route 7467) to cul-de-sac Simmons Branch Road (Route 7467) - From Amonte Parkway (Route 7466) to Simmons Branch Court (Route 7468) 10-422 0.04 Mi. 0.04 Mi. 0.08 Mi. 0.11 Mi. 0.19 Mi. 0.07 Mi. 0.14 Mi. 0.27 Mi. 0.41 Mi. 0.05 Mi. 0.11 Mi. 0.07 Mi. 0.16 Mi. 0.11 Mi. 0.04 Mi. 0.05 Mi. 0.07 Mi. 06/23/10 Simmons Branch Terrace (Route 7469) - From Simmons Branch Road (Route 7467) to cul-de-sac 0.23 Mi. TEMIE LEE PARKWAY (Effective 05/25/2010) Temie Lee Parkway (Route 7482) - From Hull Street Road (Route 360) to temporary end of maintenance 0.07 Mi. WALNUT GROVE 2 (Effective 05/18/2010) Barnack Road (Route 7406) - From Chislet Drive (Route 7407) to cul-de-sac 0.16 Mi. Barnack Road (Route 7406) - From Tadley Drive (Route 7404) to Chislet Drive (Route 7407) 0.17 Mi. Brookforest Drive (Route 7410) - From Chislet Drive (Route 7407) to temporary end of maintenance 0.07 Mi. Chislet Court (Route 7408) - From Chislet Drive (Route 7407) to cul-de-sac 0.03 Mi. Chislet Drive (Route 7407) - From Brookforest Drive (Route 7410) to cul-de-sac 0.02 Mi. Chislet Drive (Route 7407) - From Chislet Mews (Route 7409) to Brookforest Drive (Route 7410) 0.07 Mi. Chislet Drive (Route 7407) - From Chislet Court (Route 7408) to Chislet Mews (Route 7409) 0.06 Mi. Chislet Drive (Route 7407) - From Barnack Road (Route 7406) to Chislet Court (Route 7408) 0.12 Mi. Chislet Mews (Route 7409) - From Chislet Drive (Route 7407) to cul-de-sac 0.10 Mi. Rimswell Court (Route 7403) - From Rimswell Drive (Route 7010) to cul-de-sac 0.04 Mi. Rimswell Drive (Route 7010) - From Rimswell Court (Route 7403) to Tadley Drive (Route 7404) 0.06 Mi. Rimswell Drive (Route 7010) - From Rimswell Terrace (Route 7402) to Rimswell Court (Route 7403) 0.06 Mi. Rimswell Drive (Route 7010) - From 0.03 miles west of Rimswell Place (Route 7019) to Rimswell Turn (Route 7401) 0.03 Mi. Rimswell Place (Route 7019) - From 0.09 miles north of Rimswell Drive (Route 7010) to cul-de-sac 0.03 Mi. Rimswell Terrace (Route 7402) - From Rimswell Drive (Route 7010) to cul-de-sac 0.05 Mi. 10-423 06/23/10 Rimswell Turn (Route 7401) - From Rimswell Drive (Route 7010) to cul-de-sac 0.09 Mi. Tadley Drive (Route 7404) - From Rimswell Drive (Route 7010) to temporary end of maintenance 0.04 Mi. Tadley Drive (Route 7404) - From Rimswell Drive (Route 7010) to Tadley Court (Route 7405) 0.14 Mi. Tadley Drive (Route 7404) - From Tadley Court (Route 7405) to cul-de-sac 0.18 Mi. Tadley Court (Route 7405) - From Tadley Drive (Route 7404) to cul-de-sac 0.03 Mi. WESTCHESTER TOWNHOUSES (Effective 05/25/2010) Perdue Springs Drive (Route 5907) - From 0.11 miles west of Jefferson Davis Highway (Route 301) to temporary end of maintenance 0.06 Mi. Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. 10. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED MATTERS Dr. Randall Merchant, a Professor of Anatomy and Neurosurgery at Virginia Commonwealth University, provided information to the Board regarding a new traumatic brain injury study being held at VCU. 10.A. CLOSED SESSION (1) PURSUANT TO SECTION 2.2- 3711(A)(1), CODE OF VIRGINIA, 1950, AS AMENDED, RELATING TO THE PERFORMANCE OF A SPECIFIC COUNTY EMPLOYEE; AND 2) PURSUANT TO SECTION 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)(1), Code of Virginia, 1950, as amended, relating to the performance of a specific county employee; and 2) pursuant to § 2.2-3711(A)(1), Code of Virginia, 1950, as amended, relating to the appointment of a specific county employee to the end of the meeting. Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. II 11. DINNER On motion of Mr. Holland, seconded by Ms. Durfee, the Board recessed to the Lane B. Ramsey Administration Building, Room 502, for dinner. Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. 10-424 06/23/10 Reconvening: 12. INVOCATION Mr. Jim Holland gave the invocation. 13. AMERICA PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF Eagle Scout Nathan S. Saxman led the Pledge of Allegiance to the Flag of the United States of America. 14. RESOLUTIONS 14.A. FAME NOMINEES, FOR THEIR CONTRIBUTIONS TO CHESTERFIELD COUNTY PARKS AND RECREATION AND RECREATION ADVISORY COMMISSION VOLUNTEER HALL OF RECOGNIZING MR. ROBERT HODGES AND MR. LOU LIPPA, PARKS Mr. Golden introduced Mr. Robert Hodges and Mr. Lou Lippa, who were present to receive their resolutions. On motion of Mr. Warren, seconded by Ms. Durfee, the Board adopted the following resolution: J WHEREAS, participation in youth athletics has long been an integral part in the physical and emotional development of youth of Chesterfield County; and WHEREAS, Mr. Lou Lippa was the founder of Chesterfield Youth Metro Football League; and WHEREAS, Mr. Lippa has served the citizens of Chesterfield County as a volunteer for 25 years and has been recommended by the Parks and Recreation Advisory Commission for the Volunteer Hall of Fame Lifetime Volunteer Award; and WHEREAS, Mr. Lippa has served in the capacity of coach, commissioner, vice president, president and board member of various youth athletic programs; and WHEREAS, the Chesterfield County Parks and Recreation Advisory Commission recommended that exemplary volunteerism in the Parks and Recreation be recognized through display of volunteer names and accomplishments on five Volunteer Hall of Fame Monuments located throughout the parks system; and WHEREAS, the Lifetime Volunteer Award is a special award that recognizes an individual's significant contribution to the community; and WHEREAS, Mr. Lippa has the respect of his peers due to exemplary leadership and character, and his achievements will be a source of historic pride for future leaders in the community; and WHEREAS, Mr. Lippa's legacy has an exceptional degree of accomplishment, which should include but not be limited to 10-425 06/23/10 mentoring, philanthropy and the ability to empower and instill passion in the community. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 23rd day of June 2010, on behalf of the citizens of Chesterfield County, recognizes Mr. Lou Lippa for his dedicated and unselfish commitment to the youth and adults of Chesterfield County by displaying his name on the Chesterfield County Parks and Recreation Volunteer Hall of Fame Monument. at Harry G. Daniel Park at Iron Bridge. AND, BE IT FURTHER RESOLVED that the Chesterfield County Board of Supervisors expresses appreciation to Mr. Lippa for his untiring efforts; thanks his family for their support of his public service; and urges all Chesterfield County residents to keep Mr. Lippa's many contributions fondly in mind when they visit Harry G. Daniel Park at Iron Bridge. And, further, the Board adopted the following resolution: WHEREAS, participation in youth athletics has long been an integral part in the physical and emotional development of youth of Chesterfield County; and WHEREAS, Mr. Robert Hodges has served the citizens of Chesterfield County as a volunteer for 25 years and has been recommended by the Parks and Recreation Advisory Commission for the Volunteer Hall of Fame Lifetime Volunteer Award; and WHEREAS, Mr. Hodges has expanded his service to include Sunday school teacher, Indian Guide instructor, and as advocate for cancer research and the homeless; and WHEREAS, Mr. Hodges serves over 500 hours per year as a recreation volunteer; and WHEREAS, Mr. Hodges has served in the capacity of coach, commissioner, president and board member in all phases of youth athletic programs; and u WHEREAS, the Chesterfield County Parks and Recreation Advisory Commission recommended that exemplary volunteerism in the Parks and Recreation be recognized through display of volunteer names and accomplishments on five Volunteer Hall of Fame Monuments located throughout the parks system; and WHEREAS, the Lifetime Volunteer Award is a special award that recognizes an individual's significant contribution to the community; and WHEREAS, Mr. Hodges has the respect of his peers due to exemplary leadership and character, and his achievements will be a source of historic pride for future leaders in the community; and WHEREAS, Mr. Hodges' legacy has an exceptional degree of accomplishment, which should include but not be limited to mentoring, philanthropy and the ability to empower and instill passion in the community. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 23rd day of June 2010, on 10-426 06/23/10 s behalf of the citizens of Chesterfield County, recognizes Mr. Robert Hodges for his dedicated and unselfish commitment to the youth and adults of Chesterfield County by displaying his name on the Chesterfield County Parks and Recreation Volunteer Hall of Fame Monument at Rockwood Park. AND, BE IT FURTHER RESOLVED that the Chesterfield County Board of Supervisors expresses appreciation to Mr. Hodges for his untiring efforts; thanks his family for their support of his public service; and urges all Chesterfield County residents to keep Mr. Hodges' many contributions fondly in mind when they visit Rockwood Park. Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. Mr. Gecker and Mr. Holland presented the executed resolutions and expressed appreciation to Mr. Hodges and Mr. Lippa for their dedication to the youth of Chesterfield County. Mr. Lippa expressed appreciation for the recognition by the Board of Supervisors. Mr. Hodges expressed appreciation for the recognition by the Board of Supervisors. 14.B. RECOGNIZING MS. NANCY BROWN AS CHESTERFIELD COUNTY'S 2010 TREASURED VOLUNTEER Ms. Martin-Selby introduced Ms. Nancy Brown, who was present to receive the resolution. On motion of Mr. Holland, seconded by Ms. Durfee, the Board adopted the following resolution: WHEREAS, Ms. Nancy Brown is recognized as a volunteer and an integral part of Chesterfield County's Animal Control Unit; and WHEREAS, Ms. Brown has volunteered at the Animal Control Unit for over 13 years at an average of 1,400 hours a year; and WHEREAS, Ms. Brown contributes significantly to the quality of life of the animals kept in the Animal Control Unit; and WHEREAS, Ms. Brown brings energy and wisdom together by bridging the gap between younger and older generations of volunteers at the Animal Control Unit; and WHEREAS, Ms. Brown strengthens the partnership of the county and the community by assisting all visitors to the Animal Control Unit; and WHEREAS, Ms. Brown works with other rescue organizations to help transfer dogs and cats out of the Animal Control Unit; and WHEREAS, Ms. Brown works with feral cat organizations to assist citizens manage feral cat colonies; and 10-427 06/23/10 WHEREAS, as president of the Chesterfield County Humane Society, Ms. Brown works on their behalf to ensure donations of money and in-kind services for the welfare of animals at the shelter as well as equipment for the shelter and animal control officers; and WHEREAS, Ms. Brown enables the Animal Control Unit to meet and often exceed the strategic goals of the organization, thereby increasing the quality of service provided to citizens. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 23rd day of June 2010, publicly recognizes Ms. Nancy Brown, as Chesterfield County's 2010 Treasured Volunteer. Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. Ms. Jaeckle presented the executed resolution to Ms. Brown and expressed appreciation for her volunteer work in the county. Ms. Brown expressed appreciation to the Board for the recognition and for the opportunity to help the community. 14.C. RECOGNIZING BOY SCOUTS UPON ATTAINING THE RANK OF EAGLE SCOUT U 14.C.1. MR. JAMES E. DICKENS, CLOVER HILL DISTRICT 14.C.2. MR. ANDREW J. DICKENS, CLOVER HILL DISTRICT 14.C.4. MR. TIMOTHY REARDON SHAW, CLOVER HILL DISTRICT 14.C.5. MR. NATHAN S. SAXMAN, MIDLOTHIAN DISTRICT 14.C.6. MR. WILLIAM MATTHEW RHEA, MIDLOTHIAN DISTRICT Mr. Kappel introduced Mr. James Dickens, Mr. Andrew Dickens, Mr. Shaw, Mr. Saxman, and Mr. Rhea, who were present, along with members of their families, to receive their resolutions. On motion of Mr. Holland, seconded by Ms. Durfee, the Board adopted the following resolution: WHEREAS, the Boy Scouts of America was incorporated by Mr. William D. Boyce on February 8, 1910, and was chartered by Congress in 1916; and WHEREAS, the Boy Scouts of America was founded to build character, provide citizenship training and promote physical fitness; and WHEREAS, after earning at least twenty-one merit badges in a wide variety of skills including leadership, service and outdoor life, serving in a leadership position in a troop, carrying out a service project beneficial to their community, being active in the troop, demonstrating Scout spirit, and living up to the Scout Oath and Law, Mr. James E. Dickens and Mr. Andrew J. Dickens, both of Troop 2890, sponsored by The Brandermill Church, Mr. John Adrian Wilhelm, Jr., Troop 2880, 10-428 06/23/10 sponsored by Beulah United Methodist Church, Mr. Timothy Reardon Shaw, Troop 876, sponsored by Mount Pisgah United Methodist Church, and Mr. Nathan S. Saxman and Mr. William Matthew Rhea, both of Troop 1891, sponsored by Bon Air 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, James, Andrew, John, Tim, Nathan and Matt 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 23rd day of June 2010, hereby extends its congratulations to Mr. James E. Dickens, Mr. Andrew J. Dickens, Mr. John Adrian Wilhelm, Jr., Mr. Timothy Reardon Shaw, Mr. Nathan S. Saxman and Mr. William Matthew Rhea 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. (It is noted Mr. John Adrian Wilhelm, Jr. was unable to attend the meeting and has been scheduled for a future meeting. It is also noted Mr. William Rhea was unable to attend the meeting and his resolution will be forwarded to him . ) Mr. Gecker and Mr. Warren presented the executed resolutions and patches to Mr. Dickens, Mr. Dickens, Mr. Shaw and Mr. Saxman, congratulated them on their achievements and wished them well in future endeavors Mr. Dickens, Mr. Dickens, Mr. Shaw and Mr. Saxman provided details of their Eagle Scout projects and expressed appreciation for their parents' support. 14.D. RECOGNIZING THE 2010 MATOACA WARRIORS BOYS VARSITY BASEBALL TEAM FOR THEIR OUTSTANDING REPRESENTATION OF CHESTERFIELD COUNTY Mr. Golden introduced Coach Fred Stoots and Mr. Josh Heilman, who were present to receive the resolution. On motion of Mr. Holland, seconded by Ms. Jaeckle, the Board adopted the following resolution: WHEREAS, participation in high school sports has long been an integral part of Chesterfield County's educational, physical and emotional development for students; and WHEREAS, Mr. Fred Stoots, coach of the Matoaca High School Boys Varsity Baseball Team completed his 8th year coaching at Matoaca High School; and WHEREAS, under the guidance and direction of Coach Fred Stoots and Assistant Coaches Steve Leake, B.J. Wood, Kevin 10-429 06/23/10 Tucker, Chris Guice, Chad Ramsey and Charles Bailey, the 2010 Matoaca Warriors finished with a record of 13-4 regular season and an overall record of 16-6; and WHEREAS, the Matoaca Warriors competed in their third straight appearance in the Regional Tournament and were the Central Regional Runners-up; and WHEREAS, the Matoaca Warriors were Quarterfinalists in ® the AAA State Baseball Championships; and WHEREAS, the team members include: Ben Smith, Logan Walker, Michael Howerton, Forrest Lodge, Nathan Chamberlin, Will Brown, Tyler Reed, Tyler Coleman, Josh Ayers, Derek Drake, Cory Ramsey, Zach Jordan, Brandon Lindsey, Austin Kilbourne, Bryan Bierlein, Matt Harper, Josh Heilman, Nolan Overby and A.J. Moore. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 23rd day of June 2010, publicly recognizes the 2010 Matoaca High School Boys Varsity Baseball Team for their outstanding representation of Chesterfield County. AND, BE IT FURTHER RESOLVED that the Board of Supervisors, on behalf of the citizens of Chesterfield County, commends the 2010 Matoaca Warriors for their commitment to excellence and sportsmanship, and expresses best wishes for continued .success. Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. Ms. Durfee presented the executed resolution and congratulated the 2010 Matoaca Warriors for their accomplishments this season. Coach Stoots expressed appreciation to the Board for the recognition and to the 2010 Matoaca Warriors for doing an outstanding job. 14.E. RECOGNIZING THE 2010 COSBY HIGH SCHOOL BOYS VARSITY BASEBALL TEAM FOR THEIR OUTSTANDING REPRESENTATION OF CHESTERFIELD COUNTY Mr. Golden introduced Mr. Tim Lowery, who was present along with members of the baseball team, to receive the resolution. On motion of Mr. Holland, seconded by Ms. Jaeckle, the Board adopted the resolution: WHEREAS, participation in high school sports has long been an integral part of Chesterfield County's educational, physical and emotional development for students; and WHEREAS, Mr. Tim Lowery, coach of the Cosby High School Boys Varsity Baseball Team completed his 23rd year coaching and his 344 career Varsity Head Coaching victories; and WHEREAS, under the guidance and direction of Coach Tim Lowery and his staff, the 2010 Cosby High School Titans finished with an overall record of 20-7; and 10-430 06/23/10 WHEREAS, the Cosby Titans were Regular Season Runners-up and Tournament Champions in the Dominion District; and WHEREAS, the Cosby Titans were the Central Region Champions; and WHEREAS, the Cosby Titans competed in the State AAA Central Region Championships and were the Group AAA State Semi-Finalist; and WHEREAS, the team members include: Matt Squyers, Will Vacca, Kyle McKay, Tim Perry, Christian Beyer, Garrett Birmbaum, Danny Mooney, Luke Lowery, Bryan Carson, Ben Sisk, Bryan Miltenberger, Travis McQueen, Matt Daffron, James Sink, Christian Hamlett, Evan Plumley, Ty Holt, Mitchell Shifflett, Michael Carpenter, Daniel Byrd, Adam Meeker, and Louis Diesel. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 23rd day of June 2010, publicly recognizes the 2010 Cosby High School Boys Varsity Baseball Team for their outstanding representation of Chesterfield County. AND, BE IT FURTHER RESOLVED that the Board of Supervisors, on behalf of the citizens of Chesterfield County, commends the 2010 Cosby High School Titans for their commitment to excellence and sportsmanship, and expresses best wishes for continued success. Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. Ms. Durfee presented the executed resolution and congratulated the 2010 Cosby High School Titans on their accomplishments this season. Coach Lowery expressed appreciation to the Board for the recognition. 14.F. RECOGNIZING THE 2010 COSBY HIGH SCHOOL GIRLS VARSITY J J SOCCER TEAM FOR THEIR OUTSTANDING REPRESENTATION OF CHESTERFIELD COUNTY Mr. Golden introduced Mr. Roger Lattimer, who was present with members of the soccer team, to receive the resolution. On motion of Mr. Holland, seconded by Mr. Warren, the Board adopted the following resolution: WHEREAS, participation in high school sports has long been an integral part of Chesterfield County's educational, physical and emotional development for students; and WHEREAS, Mr. Roger Lattimer, coach of the Cosby High School Girls Varsity Soccer Team completed his first year as Head Coach; and WHEREAS, under the guidance and direction of Coach Roger Lattimer and his staff, the 2010 Cosby High School Lady Titans finished with an overall record of 19-3-1; and 10-431 06/23/10 WHEREAS, the Lady Titans were the Season and Tournament Champions in the Dominion District; and C C WHEREAS, the Lady Titans were the Central Region Champions; and WHEREAS, the Lady Titans competed in the State AAA Girls Soccer Championships and were Runners-up in the State Finals; and WHEREAS, the team members include: Blayne Fink, Claire Walker, Lindsay Bowers, Lizzy Patrick, Jayden Metzger, Lindsay Carns, Courtney Hook, Gina D'Orazio, Tessa Broadwater, Lindsay Hanks, Stephanie Sacco, Jordan Nunn, Elena Wirz, Kelsey Conyers, Charis Starnes, Christina Valorose, Joy Grove, Kelsey Blum, Lexi Davis, Annette Nowicki, Becca Wann, Megan Condon, Emma Manis and Miranda Creasey. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 23rd day of June 2010, publicly recognizes the 2010 Cosby High School Girls Varsity Soccer Team for their outstanding representation of Chesterfield County. AND, BE IT FURTHER RESOLVED that the Board of Supervisors, on behalf of the citizens of Chesterfield County, commends the 2010 Cosby High School Lady Titans for their commitment to excellence and sportsmanship, and expresses best wishes for continued success. Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. Ms. Durfee presented the executed resolution and congratulated the 2010 Cosby High School Lady Titans on their accomplishments this season. Coach Lattimer expressed appreciation to the Board for the recognition. Dr. Brenda Mayo, James River High School principal, stated she was extremely- proud of both the boys varsity baseball team and the girls varsity soccer team. Mr. Gecker announced that Ms. DeAnna Atkins has accepted the position of City Clerk for Colonial Heights. He expressed appreciation for her dedicated service and wished her well in her new position. 15. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED MATTERS There were no speakers at this time. 10-432 06/23/10 16. REQUESTS FOR MANUFACTURED HOME PERMITS AND REZONING PLACED ON THE CONSENT AGENDA TO BE HEARD IN THE FOLLOWING ORDER: - WITHDRAWALS/DEFERRALS - CASES WHERE THE APPLICANT ACCEPTS THE RECOMMENDATION AND THERE IS NO OPPOSITION - CASES WHERE THE APPLICANT DOES NOT ACCEPT THE RECOMMENDATION AND/OR THERE IS PUBLIC OPPOSITION WILL BE HEARD AT SECTION 18 lOSN0167 In Bermuda 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 1.9 acres lying 150 feet off the southeast line of Silverdust Lane, 800 feet east of Cypress Vine Drive. Density will be controlled by zoning conditions or ordinance standards. The Comprehensive Plan suggests the property is appropriate for residential use of 2.0 or 4.0 units per acre or less. Tax ID 814-650-Part of 1993. Mr. Turner stated the applicant is requesting a deferral to the October 27, 2010 meeting. Mr. Brennan Keene, the applicant's representative, stated a deferral is requested to allow the applicant time to explore alternate locations for the communications tower. Mr. Gecker called for public comment. J There being no one to address the deferral request, then public hearing was closed. On motion of Ms. Jaeckle, seconded by Ms. Durfee, the Board deferred Case lOSN0167 to the October 27, 2010 meeting. Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. lOSN0212 In Clover Hill Magisterial District, SPORTSQUEST, LLC requests conditional use and amendment of zoning district map to permit commercial indoor and outdoor recreational establishments on 27.5 acres and outside public address on the entire 114.5 acre tract in a Light Industrial (I-1) District located in the northeast quadrant of the intersection of Genito Road and Route 288. Density will be controlled by zoning conditions or ordinance standards. The Comprehensive Plan suggests the property is appropriate for light industrial use. Tax IDs 733-690-7138; 733-691-6143; 734-689-2633; 734-691-7562; and 734-692-1807. Mr. Turner presented a summary of Case lOSN0212 and stated the Planning Commission and staff recommended approval of the request subject to the conditions. Mr. Garry Gallagher, SportsQuest's Development Manager, accepted the conditions in the staff report. Mr. Gecker called for public comment. 10-433 06/23/10 There being no one to address the request, the public hearing was closed. ~_J C u On motion of Mr. Warren, seconded by Ms. Jaeckle, the Board approved Case lOSN0212, subject to the following conditions: 1. Outside public address systems or speakers shall not be used between the hours of 11:00 p.m. and 8:00 a.m. Sunday through Thursday and 12:00 a.m. (midnight) and 8:00 a.m. Friday and Saturday. (P) 2. Amplified sound shall not exceed fifty (50) dBa at the nearest property line in the St. George, Abbot's Mill, Plum Creek at Southridge, Beaver Point, Cradle Hill, Huntsbridge, Quail Hill, Carriage Creek and the Waterford Park Apartment communities and Tax ID 732-685-4864. (P) Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. lOSN0214 In Matoaca Magisterial District, VA PAINT DIST CO. INC. requests amendment of zoning (Case 89SN0179) and amendment of zoning district map relative to uses in a Neighborhood Business (C-2) District on 1 acre fronting 150 feet on the south line of Hull Street Road, 640 feet east of Deer Run Drive. Density will be controlled by zoning conditions or ordinance standards. The Comprehensive Plan suggests the property is appropriate for community mixed use. Tax IDs 728- 673-8137 and 8740. Mr. Turner presented a summary of Case lOSN0214 and stated the Planning Commission and staff recommended approval of the request. Mr. Robert Maddox, the applicant's representative, accepted 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. On motion of Ms. Durfee, seconded by Mr. Holland, the Board approved Case 1OSN0214. Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. ~ nrran22~ In Matoaca Magisterial District, WOODLAKE COMMUNITY ASSOCIATION, requests an exception to Section 19-232 of the Chesapeake Bay Preservation Act requirements of the Zoning Ordinance to permit encroachment into the Resource Protection Area (RPA) buffer along Swift Creek Reservoir as a result of the construction of a brick wall and flagpoles associated with proposed enhancements to the Woodlake Community 10-434 06/23/10 entrance. The property is located at 6801 Woodlake Village Parkway, which is within the Swift Creek drainage basin. Tax ID 720-671-Part of 3385. Mr. Turner presented a summary of Case lOCW0227 and stated staff recommended approval subject to the conditions. Mr. Doug Hall, the applicant's representative, accepted 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. On motion of Ms. Durfee, seconded by Mr. Holland, the Board approved Case lOCW0227, subject to the following conditions: 1. The director of Environmental Engineering shall ensure that the mitigation measures outlined in the document Water Quality Impact Assessment - Minor Woodlake Public Realm Improvements, prepared by DesignForum Inc. and received in Planning Department April 1, 2010, are incorporated into the site plan review process and implemented. 2. The Department of Environmental Engineering may approve alternative mitigation measures if it is determined that such alternatives will not increase impacts to the RPA or downstream water bodies. (EE) (NOTE: Approval of this exception is for encroachment into the RPA buffer only and does not guarantee development of the site as explicitly proposed in the WQIA referenced in #1 above. Development of the site is subject to all ordinance requirements, review processes, and/or VDOT requirements currently adopted at the time of this approval.) Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. 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. Robert Clay presented a summary of Case lOSN0192 and stated the Planning Commission recommended approval and acceptance of the proffered conditions. He further stated staff recommended denial due to the request not conforming with the Public Facilities Plan or the Tower Siting Policy. He stated the applicant submitted amended proffered 10-435 06/23/10 conditions and the Board must suspend its rules to consider the amended proffered conditions. Mr. Brennan Keene, the applicant's representative, stated the nearest house is over 1,000 feet away from the requested location and is largely not visible from surrounding properties. He requested the Board approve the request. Mr. Gecker called for public comment. There being no one to address the request, the public hearing was closed. Ms. Durfee stated the case was deferred to allow time to review the tower location. Ms. Durfee then made a motion, seconded by Mr. Holland, for the Board to suspend its rules at this time to allow for amended proffered conditions. Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. On motion of Ms. Durfee, seconded by Mr. Holland, the Board approved Case lOSN0192 and accepted the following amended proffered conditions: The Owners and Developer in this request for a conditional use (CU), pursuant to Section 15.2-2298 of the Code of Virginia (1950 as amended) and the Zoning Ordinance of Chesterfield County, for themselves and their respective ,successors or assigns, proffer that the development of the property known as part of Chesterfield County Tax Identification Numbers 776-620-9733, 776-619-8107, and 776- 620-7234 (the "Property") under consideration will be developed according to the following conditions if, and only if, the CU to construct a telecommunications tower on the Property is granted. In the event the request is denied or approved with conditions not agreed to by the Developer, the proffers and conditions shall immediately be null and void and of no further force or effect. 1. There shall be no signs permitted to identify this use. (P) 2. The base of the tower shall be enclosed by a minimum six (6) foot high fence, designed to preclude trespassing. The fence shall be placed so as to provide sufficient room between the fence and the property line to maintain a tree preservation area of at least 100 feet in each direction, such buffer to be comprised of existing trees at the site and to provide screening of the base of the tower and accessory ground equipment from adjacent properties. A detailed plan depicting this requirement shall be submitted to the Planning Department for approval in conjunction ,with final site plan review. So long as such area is required, no trees within the area shall be removed unless such trees are dead, diseased, or dying. (P) 10-436 06/23/10 3. The color, design and lighting system for the tower shall be as follows: a. The tower shall be gray or another ,neutral color, acceptable to the Planning Department. b. The tower shall not be lighted. c. The tower shall be a monopole structure with external flush mounted antennas. (P) 4. Any building or mechanical equipment shall comply with Sections 19-595 and 19-570 (b) and (c) of the Zoning Ordinance relative to architectural treatment of building exteriors and screening of mechanical equipment. (P) (NOTE: Section 19-570 (b) and (c) would require the screening of mechanical equipment located on the building or ground from adjacent properties and public rights of way. Screening would not be required for the tower or tower-mounted equipment.) 5. The tower shall not exceed a height of 165 feet. (P) 6. At such time that the tower ceases to be used for communications purposes for a period exceeding twelve (12) consecutive months, the owner/developer shall dismantle and remove the tower and all associated equipment from the property. (P) Ayes: Decker, Holland, Jaeckle, Warren, and Durfee. Nays: None. lOSN0213 In Bermuda Magisterial District, JH MARTIN & SONS CONTRACTORS, INC. requests rezoning and amendment of zoning district map from Agricultural (A) and General Industrial (I- 2) to General Business (C-5) on 51.7 acres fronting 3576 feet on the east line of Interstate 95, 3190 feet south line of the Ruffin Mill Interchange. Density will be controlled by zoning conditions or ordinance standards. The Comprehensive Plan suggests the property is appropriate for light industrial use. Tax ID 807-632-Part of 0712. Mr. Clay presented a summary of Case lOSN0213 and stated the Planning Commission recommended approval of the request and acceptance of the proffered conditions. He further stated staff recommends denial due to the land uses being non- conforming with the Consolidated Eastern Area Plan and non- representative of area development. Mr. Jim Theobald, the applicant's representative, stated the request will increase tax revenue to the county. He requested the Board approve Case lOSN0213. Mr. Decker called for public comment. 10-437 06/23/10 There being no one to address the request, the public hearing was closed. On motion of Ms. Jaeckle, seconded by Mr. Warren, the Board approved Case lOSN0213 and accepted the following proffered conditions: The property owners and applicant in this rezoning case, pursuant to Section 15.2-2298 of the Code of Virginia (1950 as amended) and the Zoning Ordinance of Chesterfield County, for themselves and their successors or assigns, proffer that the property under consideration will be developed according to the following proffer if, and only if, the rezoning request submitted herewith is granted with only those conditions agreed to by the owners and applicant. In the event this request is denied or approved with conditions not agreed to by the owners and applicant, the proffer shall immediately be null and void and of no further force or effect. 1. Utilities. The public water and wastewater systems shall be utilized. (U) 2. Uses. The following uses shall be prohibited: a. nursery schools and child or adult care centers and kindergartens; b. massage clinics ; c. kennels, commercial; d. landfills; e. halfway houses; f. flea markets, indoor and outdoor; g. outside runs for veterinary hospitals; h. display sheds, garages, carports and houses sales including "shell" houses sales; i. adult businesses; j. bondsman; k. check cashing establishment; 1. occult sciences (includes fortune tellers, palmists, astrologists, numerologists, clairvoyant, craniologist, phrenologist, card readers, spiritual readers, tea leaf readers, prophets and psychics); m. pawnbroker; and n. travel trailer parks. (P) 3. Timbering. Except for the timbering approved by the Virginia State Department of Forestry for the purpose of removing dead or diseased trees, there shall be no timbering on the Property until a land disturbance permit has been obtained from the Environmental Engineering Department and the approved devices have been installed. (EE) Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. 10-438 06/23/10 17. PUBLIC HEARINGS 17.A. TO CONSIDER THE FY2011-FY2016 SECONDARY ROAD SIX-YEAR 2MPROVEMENT PLAN AND FY2011 SECONDARY ROAD IMPROVEMENT BUDGET Mr. Dupler stated this date and time had been advertised for the Board to consider the FY2011-FY2016 Secondary Road Six- Year Improvement Plan and FY2011 Secondary Road Improvement Budget. Mr. Gecker called for public comment. Ms. Regina Whitstead, a Clover Hill Estates resident, presented a petition with 135 signatures to have a traffic device added at the Winterpock Road/Ashbrook Parkway/ McEnnally Road intersection. She stated the intersection has become more dangerous with the surrounding development. Mr. Bill Bush, a Clover Hill Estates resident, requested the Board place funding into the Secondary Road Plan to place a traffic signal at the Winterpock Road/Ashbrook Parkway/ McEnnally Road intersection. There being no one else to address this issue, the public hearing was closed. Ms. Durfee stated this intersection has gotten worse since the widening of McEnnally Road. In response to Ms. Durfee's questions, Mr. Dale Totten, Residency Maintenance Manager at Virginia Department of Transportation, stated a traffic signal is not warranted at the intersection of McEnnally Road/Winterpock Road/Ashbrook Parkway based on the criteria of the Manual of Uniform and Traffic Control Devices. He further stated part of the criteria is the amount of traffic on the side roads of an intersection and this intersection does not meet that criteria. He stated the through traffic on Winterpock Road does not dictate the need for a traffic signal. He stated the other end of McEnnally Road was identified by the county as a necessary improvement and corrected. He further stated intersections such as McEnnally Road/Winterpock Road/Ashbrook Parkway could get improved either as a developer project, as a local government funded project, or through a VDOT Six-Year Plan. He stated to install a traffic signal at the intersection with no other improvements would cost approximately $300,000. He further stated many improvements would have to be made at the intersection. He stated the Genito Road Bridge project is now fully funded and the project will be complete in 2013. Ms. Durfee expressed appreciation to Ms. Whitstead and Mr. Bush for their work on trying to get a solution to the issues at the McEnnally Road/Winterpock Road/Ashbrook Parkway intersection. She stated the Matoaca District has many roads and not enough money to fund the improvements needed. She further stated the intersection needs~to be made a priority somehow. In response to Mr. Holland's question, Mr. Totten stated a traditional traffic signal was requested at the intersection.. J J 10-439 06/23/10 He further stated a four-way stop would be required to meet the same criteria. Ms. Durfee stated there is no other land in the area to be developed, whereby the county could request the developer to provide improvements at the intersection. On motion of Mr. Warren, seconded by Ms. Durfee, the Board adopted the following resolution: WHEREAS, the Chesterfield County Board of Supervisors and the Virginia Department of Transportation (VDOT) have conducted a public hearing on the FY2011 through FY2016 Secondary Road, Six-Year Improvement Plan; and WHEREAS, the Board concurs with the proposed projects identified in the Plan. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors approves the FY2011 through FY2016 Six-Year Secondary Road Improvement Plan as presented by VDOT. And, further, the Board adopted the following resolution: WHEREAS, the Virginia Department of Transportation (VDOT) has submitted its proposed FY2011 Secondary Road Improvement Budget to the county; and WHEREAS, the Budget represents the implementation of the first year of the FY2011 through FY2016 Six-Year Improvement Plan adopted by the Board. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors approves the FY2011 Secondary Road Improvement Budget as presented by VDOT. (It is noted the projects proposed for funding are outlined in the papers of this Board.) Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. 17.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 Captain Steve Neal, Commander for Support Services, stated this date and time has been advertised for the Board 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. Mr. Gecker called for public comment. There being no one to address this issue, the public hearing was closed. 10-440 06/23/10 On motion of Mr. Holland, seconded by Mr. Warren, the Board adopted the following ordinance: AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING AND RE-ENACTING SECTION 4-25 RELATING TO FEES FOR .ADOPTION OF STERILIZED ANIMALS AND TRANSFER OF ANIMALS TO ANIMAL RESCUE OR HUMANE SOCIETIES BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Section 4-25 of the Code of the County of Chesterfield, 1997, as amended, is amended and re-enacted to read as follows: Sec. 4-25. Confinement and disposition of animals; animal shelter; redemption by owner; shelter charges. 0 0 0 (c) [Effective April 26, 2010] Any member of the public adopting a sterilized dog or cat from the animal shelter shall pay a~fee of $60.00 which shall be disposed of in the same manner as dog license taxes. The sterilization portion of the adoption fee may be waived by the County for certain adoptions pursuant to written procedures and polices approved by the Chief of Police in conjunction with an adoption and/or sterilization program. Such adoption will include the provision of any initial rabies vaccination as required by applicable law. No fee will be charged for transfers of animals to any animal rescue or humane society validly designated as a non-profit 501(c)(3) organization under applicable law. 0 0 0 (2) That this ordinance shall become effective upon adoption. Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. 17.C. TO CONSIDER 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 Ms. Peterson provided a summary of Case lOPD0233 and reviewed the criteria for a facility to be in substantial accord with the Public Facilities Plan. She stated the Planning Commission determined the conversion from a middle school to a school accommodating the ninth grade to be in substantial accord with the Public Facilities Plan. Mr. Gecker stated the substantial accord process is not typically a public input process, but the Board is happy to hear from the citizens. He further stated the Board does not 10-441 06/23/10 control operational issues of the school system and this item is simply a land use issue. Ms. Georgia Faison addressed the Board relative to the substantial accord for the Chester Middle School building. She stated the change in the building usage conflicts with the county's Comprehensive Plan and goes against the wishes of the Chester community. She further stated the Chester community has a strong sense of community. Ms. Heather Hart, a Bermuda District resident, stated the county's Comprehensive Plan indicates that the Plan shapes the character by preserving functioning and visually unique communities and by preserving historic villages. She further stated the schools are part of what makes the Chester community attractive to residents. She stated Chester's special sense of community should be maintained by keeping the pedestrian accessibility along the Route 10 corridor, and removing Chester Middle from the area will remove the accessibility. She further stated the Public Facilities Plan is a valuable decision-making tool, which provides a link between all county facilities and the Comprehensive Plan. She stated schools should be located near students and population centers, which minimizes the inconvenience caused by long school commutes. She further stated moving students from Chester Middle to Davis Middle and Carver Middle will impact daily routines due to longer commutes for students and parents, and the 400 students being redistricted to Davis Middle all live more than five miles away. She stated the Public Facilities Plan states existing schools may be converted to another type as long as the original student capacity displaced is assigned to a new facility subject to locational and other criteria. She further stated converting Chester Middle School to a 9th grade academy of Thomas Dale High School is not consistent with the Public Facilities Plan. Ms. Jennifer Grossnickel stated converting Chester Middle School to a 9th grade academy will negatively and significantly affect the traffic in the community of Chester. She expressed concerns relative to the amount. of turns the inexperienced drivers will have to navigate between two campuses and the increased numbers of kids crossing roads.. She stated twice daily children will get bussed through the county's most dangerous intersection, Route 1 and Route 10. She further stated without improvement to the roads, they will become more congested. She stated planned improvements for Route 10 between Interstate 95 and Ware Bottom Road will impact bus arrival times at Davis Middle School. Mr. Jim Copp, a member of CURG, stated the functional capacity formula suggests the instructional space at Thomas Dale High School is adequate with the actual capacity only 10 to 14 percent over capacity. He further stated CURG requested copies of the functional capacity plan from the School Board and never received a response. He stated the worksheet used to determine capacity of a high school by the Department of Education indicates Thomas Dale's capacity to be approximately 2,170 students, not 1,840. He further stated the only step taken to alleviate the overcrowding at Thomas Dale is posting directional signs at intersections and stairways. He stated the hallway problem at Thomas Dale is what causes the congestion issues. He further stated 10-442 06/23/10 { classrooms need to be arranged by grade level instead of by department which causes students to traverse the building to get to classes. He stated multiple options were presented to the School Board showing innovative ways to minimize the congestion issues at Thomas Dale and to keep the community intact. Mr. Kent Dodd, a member of CURG and lifelong resident of Chester, stated this is not simply a land use decision, but rather a failure of the School Board to meet substantial accord for the conversion of Chester Middle School. He further stated the Public Facilities Plan clearly states the displacement of original student capacity by school conversion must be subject to the locational criteria of the Public Facilities Plan, which calls for schools to be provided at locations that minimize travel distance for students. He provided a list of public safety issues with the closure of Chester Middle School and the subsequent use as. a 9th grade academy. He stated according to the Virginia Department of Education capacity formula for high schools, Thomas Dale High School is not as overcrowded as the school division alleges and several viable cost neutral options to relieve hall overcrowding were presented to the School Board only to be ignored. He further stated this is more than a building decision, it is about protecting and maintaining the integrity of a community and enabling it to thrive into the future. He stated the citizens were told there was no cost analysis done on converting Chester Middle School into a 9th grade academy. He urged the Board to find the conversion of Chester Middle School into a 9th grade academy not in substantial accord on the basis that it fails to meet the locational criteria of the Public Facilities Plan. Dr. Sam Galstan, a Bermuda District resident, stated the School Board failed to follow the process so profoundly that they disenfranchised the community. He provided details to the Board relative to how the School Board failed to notify the public of the public hearing. He stated the citizens of Chesterfield County are not okay with being left out of the process on something so important. He urged the Board to show strong leadership and protect the rights and integrity of the citizens of Chesterfield County. He requested the Board to follow the county's guiding principles and mission statements. Mr. Kenny Britt, a Bermuda District resident, stated the process for the conversion of Chester Middle School to a 9th grade academy has not followed proper protocol on the notification process. He further stated the community has been protective over Chester Middle School because it is important to the community. He stated it seems the School Board made up their mind about the conversion of Chester Middle School to a 9th grade academy without taking public input. He further stated the citizens of Chester have opposed the School Board's decision to close Chester Middle School. He stated the citizens of Chester feel like they are not represented on the School Board. Mr. Les Saunders stated the children of Chester Middle School are not resilient and unfeeling when it comes to taking them out of the school they love. He further stated the School Board is made up of dictators, meaning whatever the district representative wants, the remaining members vote with .that 10-443 06/23/10 C ^~ representative. He stated all land use decisions include the human element. He further stated he believes it is wrong to have elected school boards and that the school board should be appointed by the Board of Supervisors. He stated if the School Board decides to sue the Board of Supervisors, they will be using the Board of Supervisors' money. He further stated the Comprehensive Plan gives the Board the right to vote no on the substantial accord report because the meeting was not held legally. He stated the most important thing in law is notice and there was no mention of Chester Middle School in the School Board's notice for the meeting. Mr. Rob Stansbury, the principal of Thomas Dale High School, stated the school is overcrowded and cannot accommodate all of the students that attend. Mr. Gene Brown, assistant principal of Thomas Dale High School, provided a map to the Board depicting areas that have been renovated within the school to accommodate the students. He stated Thomas Dale also utilizes 14 trailers to accommodate the students. He further stated the school was built for 1,750 students when it was renovated, and the population has increased dramatically. He stated the staff does a very good job of teaching students, but the students have a hard time traversing the school to get to their classes. He further stated they will do the best they can to educate the students. Mr. Stansbury stated Thomas Dale has done everything possible to meet the classroom requirements for the increasing population for the last nine years. He provided the formulas used to reach functional capacity for high schools. He stated the increased population in the schools has impacts on the infrastructure such as hallways, cafeteria, and restrooms because they are areas which cannot be expanded. He provided details of the programs in place to make sure the 9th grade students have academic and social success. He reviewed the 9th grade academy's mission statement. Mr. David Wyman, School Board Chairman, provided clarification on when the notice for the redistricting was published in the newspaper prior to the meeting. He stated the decision to convert Chester Middle School to Thomas Dale's 9th grade academy is the sole responsibility of the School Board. He further stated this has been a difficult decision for all parties involved. He stated a proposed high school to be built on the Branner Station property to relieve overcrowding in surrounding high schools was removed from the capital budget. He stated in the fall of 2009 the School Board started looking at an alternative high school concept to relieve the overcrowding at Thomas Dale High School, which would cost in the range of $20 to $30 million rather than $85 million for a comprehensive school. He further stated the middle schools in the Chester area had substantial available capacity. He stated the solution to the Thomas Dale overcrowding would be the utilization of the available capacity at the middle school level. He further stated during the period from December 2009 to February 2010, the School Board reviewed 13 different options to resolve the overcrowding problem at Thomas Dale. He stated moving the 9th grade class to the existing Chester Middle School building allows the School Board to ensure that the schools involved are used in the most efficient and effective manner possible. 10-444 06/23/10 t He further stated the process of reaching this decision was difficult and involved public engagement and is in the best interest of the entire county. He stated the School Board commissioned a committee of individuals from the community to recommend new attendance boundaries. He further stated all four schools involved are projected to stay below functional capacity through at least 2018. He stated the School Board believes this action will provide an education environment that continues to be conducive to academic achievement for the students. He recognized the work of the staff, administrations, and students of all schools involved for their hard work. He stated the actions taken by the School Board will continue to be in the best financial interest of the school system and county. There being no one else to address the request,. Mr. Gecker closed the public comment period. Mr. Warren expressed appreciation for the comments made to the Board of Supervisors by the citizens and for the school staff being present. He stated the School Board's decision to close Chester Middle School was difficult to make. He stated the citizens, School Board, or Board of Supervisors did not create the current economic conditions. He further stated he has mixed feelings about the substantial accord decision. Ms. Durfee expressed appreciation to the speakers. She stated the school system has been placed in its current situation due to poor decisions made years ago, which affect the county today. She further stated the decision to build Tomahawk Middle School still affects the community and families today. She stated the officials did not pay attention to the overcrowding at Thomas Dale nine years ago, but focused on building Elizabeth Davis Middle when it was not needed. She further stated she was on the other side at one time asking the same questions being asked about this issue. She stated the citizens have done some great research, and the decisions made by the Board clearly affect citizens of the county. She further stated the decision to build Tomahawk Middle was a compromise on families, neighborhoods and costs of transportation, noting that 80 percent of the students who attend Tomahawk Middle travel out of their community because of a bad decision. She stated the Board has to make a decision whether the Chester Middle School conversion fits the Comprehensive Plan or the Public Facilities Plan. She further stated there is language in the Public Facilities Plan about locational criteria, and this decision will not minimize travel time for students. She discussed the different options available for overcrowding. She stated proposals had been made on the overcrowding of Thomas Dale before the public had an opportunity to provide input. She further stated the conversion of Chester Middle School does not meet smart growth principles. She stated the School Board now wants to put sidewalks around schools so students can walk to schools, although no sidewalks were placed around Tomahawk. She expressed concerns that proper time was not given to this decision and stated the Board cannot undo the School Board's decision, but can take a bold step and not accept the report. Mr. Holland stated the county has experienced some tough economic times that impacted the budget, but this year's budget had nothing to do with the decisions made by the School Board. He further stated the decision to convert Chester Middle School has been difficult for parents, students and teachers and that is reflected by the survey 10-445 06/23/10 ^~ u that indicated 92 percent of respondents did not agree with the closing of Chester Middle School. He stated the closing of Chester Middle School was inevitable once Elizabeth Davis Middle was built, indicating the community cannot sustain three middle schools in that close of proximity. He further stated it is unfortunate that the decision was made without public input because it has created a lot of anger. He stated the Board cannot undo the School Board's decision. He further stated everyone's focus now needs to be on the students. He stated communication, trust, and community input are important. He further stated this issue is a land use versus operational issue. He stated at some point the county must learn from the poor decisions that have been made and make better decisions for the future. He further stated it is unfortunate the trust factor has been destroyed with the community and the School Board. Ms. Jaeckle expressed appreciation to the speakers who have been so diligent with attending meetings. She stated the citizens in the Chester area really have a passion for their community. She further stated the closing of Chester Middle really brings to light how important the substantial accord process is in the locating of public facilities. She stated schools are an integral part of the community and cannot be built without any regard to size or location. She further stated having an elementary, middle and high school side by side created a strong sense of community necessary to the sustainability of an older area in the county such as Chester. She stated when Elizabeth Davis Middle was built with a capacity of 1,200 students, it appears no one really looked at how far away the students would need to come to fill the school. She further stated when a new school is being planned, especially those that will affect older areas, the school cannot be a one size fits all school. She stated the substantial accord issue before the Board has to do with whether or not Chester Middle can be used as a 9th grade academy, not whether Davis and Carver Middle Schools can house Chester Middle students. She further stated the capacity of Thomas Dale at the time of renovation was 1,800 students and current enrollment is approximately 2,400 students. She stated Thomas Dale has been operating over capacity for seven years and with a new high school being delayed, it would be another ten years before the overcrowding is relieved. She further stated when there was discussion in 1996 about renovating Thomas Dale, the Chester community fought hard and Mr. Marshall Trammell stood with the community. She stated Thomas Dale is the most beautiful school in Chesterfield. She further stated it is imperative that Chester Middle School be brought back to the community in the future. Mr. Gecker stated he appreciates the input of the citizens and members of CURG. He further stated the substantial accord process is the overall check on the Comprehensive Plan for public facilities. He stated it is easy to take shots at another governing body when everyone in the room is mad at the other governing body. He further stated this was a difficult decision for the school division. He stated no one sets out to make bad decisions and the School Board does care about what is going on in the county. He further stated the Public Facilities Plan covers circumstances like this. He stated there is not a good reason that says the conversion does not comply with substantial accord. He further stated the school division is charged with providing an education for our kids. Ms. Durfee stated the data and information was there for many years prior to building Elizabeth Davis and officials ignored it. 10-446 06/23/10 Ms. Durfee then made a motion, seconded the Board to not accept the report of Substantial Accord Determination for Planning Department (Case lOPD0233) to Pi Public Middle School (Chester Middle) Accommodating the Ninth Grade. by Mr. Holland, for Planning Commission Chesterfield County ~rmit Conversion of a to a Public School Ayes: Durfee. Nays: Gecker, Holland, Jaeckle, and Warren. The motion failed. 19. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED MATTERS There were no speakers at this time. 10.A. CLOSED SESSION (1) PURSUANT TO SECTION 2.2- 3711(A)(1), CODE OF VIRGINIA, 1950, AS AMENDED, RELATING TO THE PERFORMANCE OF A SPECIFIC COUNTY EMPLOYEE; AND 2) PURSUANT TO SECTION 2.2-3711(A)(1) CODE OF VIRGINIA, 1950, AS AMENDED, RELATING TO THE APPOINTMENT OF A SPECIFIC COUNTY EMPLOYEE On motion of Mr. Warren, seconded by Ms. Durfee, the Board went into Closed Session 1) pursuant to § 2.2-3711(A)(1), Code of Virginia, 1950, as amended, relating to the performance of a specific county employee; and 2) pursuant to § 2.2-3711(A)(1), Code of Virginia, 1950, as amended, relating to the appointment of a specific county employee. r Holland Jaeckle, Warren, and Durfee. Ayes: Gecke , Nays: None. Reconvening: 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. 10-447 06/23/10 The Board being polled, the vote was as follows: u Ms. Durfee: Ms. Jaeckle: Mr. Warren: Mr. Holland: Mr. Gecker: Ayes: Gecker, Nays: None. Aye. Aye. Aye. Aye. Aye. Holland, Jaeckle, Warren, and Durfee. On motion of Mr. Warren, seconded by Mr. Holland, the Board suspended its rules to add an agenda item. Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. On motion of Mr. Warren, seconded by Ms. Jaeckle, the Board added an agenda item for the Board to approve the appointment of Ms. Sarah C. Snead as Deputy County Administrator. Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. u On motion of Mr. Warren, seconded by Ms. Durfee, the Board approved the appointment of Sarah C. Snead as Deputy County Administrator. Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. 20. ADJOURNMENT On motion of Ms. Durfee, seconded by Mr. warren, the Board adjourned at 10:44 p.m. to July 28, 2010 at 3:00 p.m. in the Public Meeting Room. Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. mes S gma' r County dministrator CSz-~ G .~~„~- Daniel A. Gecker Chairman 10-448 06/23/10