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2010-10-27 MinutesBOARD OF SUPERVISORS MINUTES October 27, 2010 Supervisors in Attendance: Mr. Daniel A. Gecker, Chairman Mr. James M. Holland, Vice Chrm Ms. Dorothy A. Jaeckle Mr. Arthur S. Warren Ms. Marleen K. Durfee Mr. James J. L. Stegmaier County Administrator Staff in Attendance: Lt. Col. John Austin, Police Department Mr. Mike Bacile, Dir., Purchasing Dr. Sheryl Bailey, Dep. County Administrator, Management Services Ms. Janice Blakley, Clerk to the Board Ms. Patsy Brown, Dir., Accounting 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., Intergovtl. Relations Mr. Jonathan Davis, Dir., Real Estate Assessments Mr. Will Davis, Dir., Economic Development Colonel Thierry Dupuis, Police Department Mr. Russell Harris, Mgr. of Community Development Services Mr. Phil Innis, Asst. Dir., Parks and Recreation Mr. Thomas E. Jacobson, Dir., Revitalization Mr. Donald Kappel, Dir., Public Affairs Mr. Rob Key, Director, General Services Mr. Louis Lassiter, Dir., Internal Audit Mr. Michael Likins, Coop. Extension Director Mr. Mike Mabe, Director, Libraries Ms. Mary Martin Selby, Dir., Human Resource Programs 10-651 10/27/10 Mr. R. John McCracken, Dir., Transportation Mr. Richard M. McElfish, Dir., Env. Engineering Mr. Jeffrey L. Mincks, County Attorney Mr. Glen Peterson, Dir., Community Correction Services Sheriff Dennis Proffitt, Sheriff's Department Ms. Karen F. Russell, Risk Manager Mr. Dean Sasek, Asst. Real Property Manager Chief Edward L. Senter, Fire Department Ms. Sarah Snead, Dep. County Administrator, Human Services Mr. Kirk Turner, Dir., Planning Mr. Scott Zaremba, Dir., Human Resource Services Mr. Gecker called the regularly scheduled meeting to order at 3:00 p.m. 1. APPROVAL OF MINUTES FOR OCTOBER 13, 2010 On motion of Ms. Jaeckle, seconded by Ms. Durfee, the Board approved the minutes of October 13, 2010, as submitted. Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. 2. COUNTY ADMINISTRATOR'S COMMENTS 2.A. COUNTY ADMINISTRATOR'S REPORT • Mr. Stegmaier announced that the county is the recipient of this year's Scenic Virginia Anti-Litter Award for its Volunteer Sign Removal. He also announced that the John J. Radcliffe Appomattox River Conservation Area Trail was recognized as the Best New Greenway or Trail for 2009 by the Virginia Recreation and Parks Society. He updated the Board regarding the recently signed lease agreement as part of a partnership between Virginia State University and the county for a park site along the Appomattox River. Lastly, he recognized Dr. Sheryl Bailey, Deputy County Administrator, Management Services, who has been appointed to the Municipal Securities Rulemaking Board, having been approved by the U.S. Securities and Exchange Commission. 2.B. MODEL COUNTY GOVERNMENT Mr. Stegmaier stated the county is delighted to host Model County Government Day again this year. He called forward Ms. Jana Carter, Director of Juvenile Services, to provide details of the event. ,~ J J 10-652 10/27/10 Ms. Carter thanked county and school officials for allowing the students to shadow them and making this a successful program. She stated Model County Government is a collaborative effort between Youth Planning and Development, the Extension Office and Schools. The students and their advisors came forward and introduced themselves. Several of the students were seated with the Board members and County Administrator and participated in today's meeting. 3. BOARD MEMBER REPORTS Mr. Holland stated he attended the Dale Ruritan Club's 55th Anniversary celebration. He noted that the Ruritans distributed dictionaries to the 3rd grade in all county schools. Ms. Jaeckle stated she had the opportunity to observe a jury trial and was very impressed with how effective and efficient the entire public safety sector is. She further stated she attended the district field hockey playoffs which took place at SportsQuest. Mr. Warren stated he was pleased that Mr. Stegmaier announced that the governor would be recognizing Chesterfield County on its litter control program. He commended Mr. Dick Page, who formed a citizen group that picked up over 77,000 illegal signs along the county's roadways. Ms. Durfee expressed appreciation to John Radcliffe, Alliance Engineering and Mike Golden and staff for efforts that led to the recognition of the John Radcliffe Trail. She also recognized John McCracken, Stan Newcomb and Transportation staff for completing Matoaca District road projects in a timely manner. Mr. Gecker stated he will host a town hall meeting, together with Patty Carpenter and Reuben Waller, at Winfree Memorial Baptist Church on November 1St 4. REQUESTS TO POSTPONE AGENDA ITEMS AND ADDITIONS, DELETIONS OR CHANGES IN THE ORDER OF PRESENTATION On motion of Ms. Durfee, seconded by Mr. Holland, the Board deleted Item 8.B.6., Approval of the Purchase and Dedication of Land for the Expansion of the John J. Radcliffe Appomattox River Conservation Area. Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee Nays: None. 5. RESOLUTIONS 5.A. RECOGNIZING SERGEANT ROBERT A. BRANDY, SHERIFF'S OFFICE, UPON HIS RETIREMENT Sheriff Proffitt introduced Sergeant Robert A. Brandt, who was present to receive the resolution. 10-653 10/27/10 On motion. of Mr. Holland, seconded by Ms. Jaeckle, the Board adopted the following resolution: WHEREAS, in November 1981, Mr. Robert A. Brandt joined the Chesterfield County Sheriff's Office as a deputy under the late Sheriff Emmett L. Wingo, and faithfully served John Mutispaugh, Walter Minton, Clarence Williams, Jr. and the current Sheriff, Dennis Proffitt; and WHEREAS, in November 1997, Deputy Brandt was transferred to Court Security and served in that position with distinction; and WHEREAS, Deputy Brandt was transferred to the Transportation Unit in November 1997, where he was responsible for implementing numerous process improvements, along with creating a statewide cooperative network with other agencies to maximize the efficiency of inmate transportation runs; and WHEREAS, Deputy Brandt created training programs and procedures for conducting Temporary Detention Orders; and WHEREAS, in February 2007, Deputy Brandt was promoted to Sergeant and transferred to the Correctional Services Section where he served with distinction until his retirement; and WHEREAS, Sergeant Brandt served on Sheriff's Office Process Action Teams for the selection of a body armor product and the development of policies regarding mentally ill inmates; and WHEREAS, Sergeant Brandt received Honorable Mention Employee of the Quarter in March 2001, December 2003 and June 2006, a Good Conduct award in October 2007 and various letters of appreciation and commendation; and WHEREAS, Sergeant Brandt was selected as Employee of the Year in 2006 for his efforts in his position as Transportation Coordinator, his excellent customer service skills, knowledge ability and his interaction with internal and external customers; and WHEREAS, Sergeant Brandt trained, mentored and supervised hundreds of employees during his career, many of whom are today's supervisors .and leaders; and WHEREAS Sergeant Brandt will always be remembered for his passionate disposition, integrity and his desire to do a good job, which has been consistently evident in the performance of his duties during his 29 years of service to Chesterfield County. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 27th day of October 2010, publicly recognizes the outstanding contributions of Sergeant Robert A. Brandt, expresses the appreciation of all residents for his service to Chesterfield County, and extends appreciation for his dedicated service to the county and congratulations upon his retirement. AND, BE IT FURTHER RESOLVED that a copy of this resolution be presented to Sergeant Brandt, and that this J J J 10-654 10/27/10 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 Sergeant Brandt and expressed appreciation for his service to the county. Mr. Stegmaier expressed appreciation to Sergeant Brandt and presented him with an acrylic statue and watch. Sergeant Brandt expressed appreciation to his co-workers and Sheriff Proffitt for their support. 6. WORK SESSIONS 6.A. 2011 LEGISLATIVE PROGRAM Ms. Curtin presented the draft 2011 legislative program. She stated there will be a special session in the spring for re- districting for the General Assembly and the entire House and Senate is up for re-election in November 2011 and there will be on-going meetings with both the Governor's Reforms Commission and Jobs Commission. She further stated the state budget has not improved significantly and ABC privatization will be an issue in the upcoming session and could potentially take a lot of legislative time. She highlighted some of the on-going concerns and issues identified by Board members, including maintaining local authority over local revenues; protecting land use and zoning authority; local economy ana fobs creation; ana the JLAKL stuay oz state incentives for regional capital projects and operations. She stated staff recommends retaining the guiding principle from last year for the 2011 draft legislative program to maintain the AAA bond rating, financial independence and fiscal integrity. of Chesterfield County, and a new principle will be added related to maintaining local authority over land use decisions. She reviewed the key focus areas and recommendations from the reform and jobs commissions impacting local funding or operations, including elimination of the machinery and tools tax and elimination or reduction of BPOL. She highlighted state budget issues impacting county finances, such as the K-12 funding formula; HB599 funding; compensation board/constitutional officers funding; and local communications tax. She further reviewed specific legislative requests to create a FOIA exemption for criminal search warrant affidavits until the search warrant is served; to allow retiring firefighters to purchase helmets or boots at a nominal cost, and to have JLARC study financial incentives for interlocal cooperation in capital construction and operations and other legislative issues. She reviewed the calendar of important dates related to the 2011 session. In response to Ms. Jaeckle's question, Ms. Curtin stated staff is working with Wayne Walton and Delegate Kirkland Cox regarding the Scenic River Designation. In response to Mr. Holland's question, Ms. Curtin stated the financial impact of the machinery and tools tax elimination would be approximately $4 million. 10-655 10/27/10 In response to Ms. Durfee's question, Ms. Curtin stated it would be difficult to put a dollar amount on all the unfunded mandates. 7. DEFERRED ITEMS 7.A. CONSIDERATION OF REVISED COUNTY STREETLIGHT POLICY Mr. McElfish stated during a work session on September 22, 2010, staff presented responses to questions and clarifications requested by the Board at their July 28, 2010 meeting. He further stated additional clarifications were requested and information was provided to the Board regarding what installations and permissible lighting fixtures were included in the policy, background on the policy's petition requirement, and funding controls for projects with a cost of $300 or less approved by staff. Mr. Warren expressed concerns relative to the provision that denied projects cannot be brought before the Board again. In response to Ms. Jaeckle's question, Mr. McElfish stated lighting is used for security and crime prevention close to a home. He further stated in older subdivisions there were no guidelines in terms of spacing of the streetlights. Mr. Holland concurred with Mr. Warren's concerns and stated there should be flexibility concerning lighting in neighborhoods for safety reasons. There was a brief discussion relative to transformer locations. Ms. Durfee made a motion, seconded by Mr. Holland, for the Board to defer consideration of the revised county streetlight policy until December 1, 2010. Ayes: Gecker, Holland, Jaeckle, Warren and Durfee. Nays: None. 7.B. REQUEST TO AID LUCAS PROPERTIES, L.L.C. IN THE ACQUISITION OF OFFSITE SEWER AND TEMPORARY CONSTRUCTION EASEMENTS FOR CORNER ROCK SUBDIVISION, PHASE II Mr. Covington stated Lucas Properties, L.L.C. has requested that the county aid in acquiring offsite easements that will provide sewer service to Corner Rock Subdivision, Phase II. He further stated staff has unresolved questions specific to the proposed alignment of the sewer. Mr. Gecker made a motion, seconded by Ms. Durfee, for the Board to defer consideration of the request to aid Lucas Properties, L.L.C. until December 1, 2010. Ayes: Gecker, Holland, Jaeckle, Warren and Durfee. Nays: None. J J J 10-656 10/27/10 8. NEW BUSINESS 8.A. REPORT ON PROJECTED FY2010 RESULTS OF OPERATIONS Mr. Carmody presented a summary of FY2010 Results of Operations. He reported how the organization performed in terms of the revenue the county received relative to what was projected, as well as how the departments ended up in their spending plans according to how those funds were adopted. He stated the county has gone through a disciplined, multi-year approach to decline in local taxes and state revenues. He further stated the Board of Supervisors' actions to make changes as revenues have declined have been very forward looking and have been done with an extensive amount of public input. He stated the 2010 budget reduction total was 4.6 percent. He further stated there was a projected loss of up to $8 million in state revenues at one point in the fiscal year. He stated the overall revenues came in just shy of budget at .2 percent, which represents $1.4 million of a $715 million budget. He announced that overall on the county government side actions resulted in savings of 2.6 percent of the general fund. He stated the breakdown includes $8.9 million reflecting the early implementation of the 2011 reductions, which is largely due to vacancies coupled with some savings, some changes made with service contracts, and renegotiating real property leases. He further stated 180 full-time and 120 part-time positions were eliminated. He stated federal government employment in Virginia has increased by 8.7 percent. He reviewed staff's recommended uses for the surplus, including 85 percent being returned to the citizens in the form of direct services; $10.3 million and $9.5 million set aside for county and schools respectively; appropriation of $3.25 million for one-time capital purchases; $250,000 for partner community organizations in the areas such as social services and elimination of the youth sports participation fee; and $4.75 million as a one-time performance recognition payment for county employees. Mr. Warren stated staff deserves a great deal of credit. He further stated he was presented with the information the previous day and would like more citizen input once they have had an opportunity to review the information. Mr. Warren then made a motion, seconded by Ms . Jaeckle, for the Board to defer actions regarding projected FY2010 results of operations until November 17, 2010. Mr. Holland expressed appreciation to Budget and Audit staff and county employees for their hard work and dedication. Ms. Durfee expressed appreciation to Mr. Carmody, Mr. Stegmaier and staff. She recommended the Board schedule a time for discussion in regards to the surplus. Ms. Jaeckle stated the public did not get the information until just before the Board meeting. She recommended that the Citizen's Budget Advisory Committee review the proposal. Mr. Gecker stated staff's proposal for the use of the operating surplus is sound and very conservative based. He further stated he is supportive of the performance recognition piece, indicating that the bulk of the savings 10-657 10/27/10 come from instituted reductions in county government before the start of the fiscal year. He stated there is a value that the Board has placed upon openness, transparency and allowing the citizens to reach the Board members and comment. He further stated he views the deferral as a reaction to what is a major item that has hit some of the Board members relatively cold. He stated the approach that is being suggested is a solid and conservative one• that reflects the administration's view, as well as the Board's history of management of the county. Mr. Gecker then called for a vote on the motion of Mr. Warren, seconded by Ms. Jaeckle, for the Board to defer actions regarding projected FY2010 results of operations until November 17, 2010. Ayes: Gecker, Holland, Jaeckle, Warren and Durfee. Nays: None. 8.B. CONSENT ITEMS 8.B.1. ADOPTION OF RESOLUTIONS 8.b.l.a. RECOGNIZING FIREFIGHTER MARK T. LOWE, FIRE AND EMERGENCY MEDICAL SERVICES DEPARTMENT, UPON HIS RETIREMENT On motion of Mr. Holland, seconded by Ms. Durfee, the Board adopted the following resolution: WHEREAS, Firefighter Mark T. Lowe retired from the Chesterfield Fire and Emergency Medical Services Department, Chesterfield County, on October 1, 2010; and WHEREAS, Firefighter Lowe began his career in 1980 as a utility maintenance worker and served in the working titles, Maintenance Eleven and Logistics Three, before attending Recruit School #12 in June 1982; and WHEREAS, Firefighter Lowe faithfully served the county for 30 years, as a firefighter at the Midlothian, Matoaca, Dale, Dutch Gap, Manchester, Buford and Ettrick Fire and EMS Stations; and WHEREAS, Firefighter. Lowe assisted in fire control in December 1988 at the John Tyler Community College incident, in August 1990 at the Darryl's Restaurant Incident, and in February 1993 at a house fire on River Road, thus saving the properties from heavy fire damage; and WHEREAS, Firefighter Lowe, during his assignment on Truck 12 in Ettrick, responded to multiple structural fires in Petersburg and Colonial Heights for fire control and to care for fire victims; and WHEREAS, Firefighter Lowe was awarded an EMS Unit Citation for assisting with a patient experiencing a severe asthma attack in November 2003 and a Unit Citation for the rescue of a horse that was trapped in May 2004; and WHEREAS, Firefighter Lowe was recognized for his efforts in responding to multiple EMS incidents and the transport of a critically ill patient across flooded roads in September 10-658 10/27/10 J J J 2004 during Tropical Storm Gaston and also his efforts in December 2004 in the extrication of a trapped victim from a motor vehicle collision. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes the contributions of Firefighter Mark T. Lowe, expresses the appreciation of all residents for his service to the county, and extends appreciation for his dedication as well as their congratulations upon his retirement. Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. 8.B.l.b. RECOGNIZING MRS. RENEE ASBY, SOCIAL SERVICES DEPARTMENT, UPON HER RETIREMENT On motion of Mr. Holland, seconded by Ms. Durfee, the Board adopted the following resolution: WHEREAS, Mrs. Renee Asby began her employment as a Social Work Aide by the Chesterfield-Colonial Heights Department of Social Services on September 9, 1990; and WHEREAS, Mrs. Asby was promoted to Eligibility Worker on August 8, 1993; and WHEREAS, from 1996 to 2010, Mrs. Asby's office was located in the Health Department in order to take Medicaid applications for customers served there; and WHEREAS, Mrs. Asby's assistance to the Health Department customers resulted in improved services for county residents; and WHEREAS, Mrs. Asby volunteered in 2004 to process all Medicaid applications in the Breast Cancer and Cervical Cancer category and has continued to process these applications since then; and WHEREAS, Mrs. Asby wrote guidelines for processing Medicaid applications for children in the waivered services and institutionalized categories; and WHEREAS, Mrs. Asby represented the Department of Social Services on a regional workgroup with the Division of Child Support Enforcement for three years; and WHEREAS, Mrs. Asby served on several committees within the Division of Benefit Programs to support process improvements, such as the Electronic Documents workgroup and the Eligibility Worker Career Track workgroup; and WHEREAS, Mrs. Asby consistently demonstrated flexibility and willingness to meet the needs of her team throughout her tenure in the department; and WHEREAS, Mrs. Asby consistently displayed a positive attitude in her daily interactions with peers, as well as customers, and performed her job duties with professionalism and dedication; and 10-659 10/27/10 WHEREAS, Mrs. Asby provided excellent customer service over the years. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes the outstanding contributions of Mrs. Renee Asby, expresses the appreciation of all residents for her service to the county and the City of Colonial Heights and extends its congratulations upon her retirement, as well as best wishes for a long and happy retirement. Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. 8.B.l.c. RECOGNIZING NOVEMBER 13, 2010, AS "AMERICAN MEDICINE CHEST CHALLENGE DAY" IN CHESTERFIELD COUNTY On motion of Mr. Holland, seconded by Ms. Durfee, the Board adopted the following resolution: WHEREAS, the abuse of prescription and over-the-counter medicine is a serious threat to our nation and community; and WHEREAS, according to the 2010 Prevention Needs Assessment Survey of Chesterfield County youths ages 13 to 18, our teens are abusing prescription narcotics and sedatives at rates higher than the national average; and WHEREAS, in 2008, there were 16 deaths in Chesterfield County related to prescription drug use compared to six deaths in Richmond and eight in Henrico; and WHEREAS, 70 percent of the persons who abuse prescription drugs get them from friends or relatives, often without their knowledge; and WHEREAS, expired and unused medicines increase the availability of abusable medications; and WHEREAS, the American Medicine Chest Challenge is a national event designed to draw attention to the issue of medicine abuse and provide opportunities for concerned citizens to dispose of their unneeded and expired medicines; and WHEREAS, SAFE, Chesterfield County's substance abuse prevention coalition, in conjunction with Youth Planning and Development and the Police Department, is hosting a medicine disposal event at Rockwood Park on Saturday, November 13 from 10 a.m. to 2 p.m.; and WHEREAS, SAFE also provides information about how to safely dispose of medicines at home on its website at chesterfieldsafe.org. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes November 13, 2010, as "American Medicine Chest Challenge. Day" in Chesterfield County, Virginia and encourages all citizens to safely dispose of their unused, unwanted and expired medicines. Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. 10-660 J J J 10/27/10 Nays: None. 8.B.l.d. RECOGNIZING MR. LUCAS MAX PORTER UPON ATTAINING THE RANK OF EAGLE SCOUT 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 his community, being active in the troop, demonstrating Scout spirit, and living up to the Scout Oath and Law, Mr. Lucas Max Porter, Troop 876, sponsored by Mount Pisgah United Methodist Church, has accomplished those high standards of commitment and has reached the long-sought goal of Eagle Scout which is received by only four percent of those individuals entering the Scouting movement; and WHEREAS, growing through his experiences in Scouting, learning the lessons of responsible citizenship, and endeavoring to prepare himself for a role as a leader in society, Lucas has distinguished himself as a member of a new generation of prepared young citizens of whom we can all be very proud. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors hereby extends its congratulations to Mr. Lucas Max Porter and acknowledges the good fortune of the county to have such an outstanding young man as its citizen. Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. 8.B.2. ACCEPTANCE OF GRANT AWARDS 8.B.2.a. ACCEPTANCE OF GRANT AWARDED BY THE UNITED STATES DEPARTMENT OF JUSTICE COPS OFFICE SECURE OUR SCHOOLS GRANT PROGRAM On motion of Mr. Holland, seconded by Ms. accepted and appropriated the award from Department of Justice Community Oriented (COPS) Secure Our Schools Grant Program $181,688 and authorized the County Admini all documents. Durfee, the Board the United States Policing Services in the amount of strator to execute Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. 10-661 10/27/10 8.B.2.b. ACCEPTANCE OF GRANT AWARDED BY THE DEPARTMENT OF JUSTICE, OFFICE OF JUSTICE PROGRAMS, INTELLECTUAL PROPERTY ENFORCEMENT PROGRAM On motion of Mr. Holland, seconded by Ms. Durfee, the Board accepted and appropriated the award from the Virginia Department of Justice, Office of Justice Programs, Intellectual Property Enforcement Program• in the amount of $200,000. Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. 8.B.3 REQUESTS FOR PERMISSION 8.B.3.a. FROM DANIEL C. SHOOSMITH AND ZELLA SHOOSMITH TO INSTALL A PRIVATE WATER SERVICE WITHIN A PRIVATE EASEMENT TO SERVE PROPERTY ON BRADLEY BRIDGE ROAD On motion of Mr. Holland, seconded by Ms. Durfee, the Board approved a request from Daniel C. Shoosmith and Zella Shoosmith for permission to install a private water service within a private easement, and authorized the County Administrator to execute the water connection agreement. (It is noted a copy of the plat is filed with the papers of the Board . ) Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. 8.B.3.b. FROM ALBERTO E. DELA CRUZ AND MARIA ANGELA CATOLICO FOR A PROPOSED FENCE, GATE AND LANDSCAPING TO ENCROACH WITHIN A SIXTEEN-FOOT DRAINAGE EASEMENT, AN EIGHT-FOOT EASEMENT, A VARIABLE WIDTH COMMON AREA EASEMENT AND A TEN-FOOT TEMPORARY CONSTRUCTION EASEMENT ACROSS LOT 19,STEWART VILLAGE, SECTION A AT CHARTER COLONY On motion of Mr. Holland, seconded by Ms. Durfee, the Board approved a request from Alberto E. Dela Cruz and Maria Angela Catolico for permission for a proposed fence, gate and landscaping to encroach within a sixteen-foot drainage easement, an eight-foot easement, a variable width common area easement and a ten-foot temporary construction easement across Lot 19, 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 the Board.) Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. 8.B.3.c. FROM JEFFREY S. KUTTESCH AND GAIL G. KUTTESCH FOR A PROPOSED FENCE TO ENCROACH WITHIN A SIXTEEN-FOOT DRAINAGE EASEMENT ACROSS LOT 64, HAYWOOD VILLAGE, SECTION A AT CHARTER COLONY On motion of Mr. Holland, seconded by Ms. Durfee, the Board approved a request from Jeffrey S. Kuttesch and Gail G. Kuttesch for permission for a proposed fence to encroach within a sixteen-foot drainage easement across Lot 64, Haywood Village, Section A at Charter Colony, subject to the 10-662 J J J 10/27/10 execution of a license agreement. (It is noted a copy of the plat is filed with the papers of the Board.) Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. 8.B.3.d. FROM MARTIN W. MCFADDEN, III AND SARAH M. MCFADDEN FOR A PROPOSED WOODEN DECK TO ENCROACH WITHIN AN EIGHT-FOOT EASEMENT ACROSS LOT 29, RAMBLEWOOD FOREST, SECTION 2 On motion of Mr. Holland, seconded by Ms. Durfee, the Board approved a request from Martin W. McFadden, III and Sarah M. McFadden for permission for a proposed wooden deck to encroach within an eight-foot easement across Lot 29, Ramblewood Forest, Section 2, subject to the execution of a license agreement. (It is noted a copy of the plat is filed with the papers of the Board.) Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. 8.B.4. SET DATES FOR PUBLIC HEARINGS 8.B.4.a. TO CONSIDER AMENDING THE COUNTY CODE RELATING TO EXCEPTIONS TO REQUIRED USE OF COUNTY WATER AND WASTEWATER On motion of Mr. Holland, seconded by Ms. Durfee, the Board set November 17, 2010 as the date for a public hearing to consider an amendment to the County Code relating to exceptions to required use of water and wastewater. Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. 8.B.4.b. TO CONSIDER FY2011-12 ENHANCEMENT PROJECTS On motion of Mr. Holland, seconded by Ms. Durfee, the Board set November 17, 2010 as a public hearing date to consider FY2011-12 Enhancement Projects. Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. 8.B.5. APPROVAL OF CHANGE ORDER FOR SOUTHWEST WATERLINE PHASE II, PART A PROJECT On motion of Mr. Holland, seconded by Ms. Durfee, the Board approved Change Order Number Two for the Southwest Corridor Waterline Phase II, Part A project in the amount of $74,898.31 and authorized the County Administrator to execute the necessary documents. Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. 10-663 10/27/10 8.B.7. ACCEPTANCE OF A PARCEL OF LAND FOR THE EXTENSION OF PINELAND AVENUE FROM ISLAMIC CENTER OF VIRGINIA On motion of Mr. Holland, seconded by Ms. Durfee, the Board accepted the conveyance of a parcel of land containing 0.236 acres for the extension of Pineland Avenue from Islamic Center of Virginia, and authorized the County Administrator to execute the deed. (It is noted a copy of the plat is filed with the papers of the Board.) Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. 8.B.8. STATE ROADS ACCEPTANCE On motion of Mr. Holland, seconded by Ms. Durfee, the Board adopted the following resolution: WHEREAS, the streets described below are shown on plats recorded in the Clerk's Office of the Circuit Court of Chesterfield County; and WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised this Board the streets meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation. NOW, THEREFORE, IT 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/Subdivision: Windy Creek Section D Type Change to the Secondary System of State Highways: ~r9rli ti nn Reason for Change: New subdivision street Pursuant to Code of Virginia Statute: X33.1-229 Street Name and/or Route Number • Stone Creek Drive, State Route Number 7421 From: Dortonway Drive, (Route 2767) To: Stone Creek Trial, (Route 7422), a distance of: 0.04 miles. Recordation Reference: Pb. 162, Pg. 77 Right of Way width (feet) = variable • Stone Creek Drive, State Route Number 7421 From: Stone Creek Trial, (Route 7422) To: Temporary End of Maintenance, a distance of: 0.01 miles. Recordation Reference: Pb. 162, Pg. 77 Right of Way width (feet) = variable • Stone Creek Terrace, State Route Number 7422 J J J 10-664 10/27/10 From: Stone Creek Drive, (Route 7421) To: Cul-de-sac, a distance of: 0.15 miles. Recordation Reference: Pb. 162, Pg. 77 Right of Way width (feet) = 50 Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. 9. REPORTS 9.A. REPORT ON STATUS OF GENERAL FUND BALANCE, RESERVE FOR FUTURE CAPITAL PROJECTS, DISTRICT IMPROVEMENT FUNDS AND LEASE PURCHASES 9.B. REPORT ON ROADS ACCEPTED INTO THE STATE SECONDARY SYSTEM On motion of Mr. Holland, seconded by Ms. Durfee, the Board accepted the following report: A Report on Status of General Fund Balance, Reserve for Future Capital Projects, District Improvement Funds and Lease Purchases. And, further, the following roads were accepted into the State Secondary System: Dry Creek Road Adjustment Dry Creek Road (Route 623) - From 0.85 miles North of Beach Road (Route 655) to Cul-de-sac 0.04 Mi. Hallsley 1 (Portion of Effective 09/01/2010 Alsdell Road (Route 7448) - From Duns Tew Drive (Route 7447) to Alsdell Turn (Route 7449) 0.07 Mi. Alsdell Road (Route 7448) - From Duns Tew Drive (Route 7447) to Temporary End of Maintenance 0.00 Mi. Alsdell Road (Route 7448) - From Alsdell Turn (Route 7449) to Temporary End of Maintenance 0.14 Mi. Alsdell Turn (Route 7449) - From Alsdell Road (Route 7448) to Cul-de-sac 0.05 Mi. Bedwyn Court (Route 7453) - From Bedwyn Lane (Route 7451) to Cul-de-sac 0.05 Mi. Bedwyn Lane (Route 7451) - From Draycot Drive (Route 7454) to Brightwalton Road (Route 7446) 0.05 Mi. Bedwyn Lane (Route 7451) - From Swindon Court (Route 7452) to Bedwyn Court (Route 7453) 0.08 Mi. Bedwyn Lane (Route 7451) - From Farnbourgh Drive (Route 7450) to Swindon Court (Route 7452) 0.16 Mi. Bedwyn Lane (Route 7451) - From Bedwyn Court (Route 7453) to Draycot Drive (Route 7454) 0.16 Mi. Brightwalton Road (Route 7446) - From Bedwyn lane (Route 7451) to Duns Tew Drive (Route 7447) 0.20 Mi. 10-665 10/27/10 Brightwalton Road (Route 7446) - From Old Hundred Road (Route 652) to Bedwyn Lane (Route 7451) 0.42 Mi. Brightwalton Road (Route 7446) - From Duns Tew Drive (Route 7447) to Farnbourgh Drive (Route 7450) 0.16 Mi. Draycot Drive (Route 7454) - From Bedwyn Lane (Route 7451) to Temporary End of Maintenance 0.04 Mi. Duns Tew Drive (Route 7447) - From Brightwalton Road (Route 7446) to Alsdell Road (Route 7448) 0.08 Mi. Farnbourgh Drive (Route 7450) - From Bedwyn Lane (Route 7451) to Temporary End of Maintenance 0.03 Mi. Farnbourgh Drive (Route 7450) - From Brightwalton Road (Route 7446) to Bedwyn Lane (Route 7451) 0.28 Mi. Swindon Court (Route 7452) - From Bedwyn Lane (Route 7451) to Cul-de-sac 0.12 Mi. Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. 10. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED MATTERS Mr. Wayne Frith, Executive Director of S.A.F.E, addressed the Board regarding prescription drug abuse among teenagers. Mr. Joseph Lukie addressed the Board with concerns regarding the noise ordinance. Ms. Betty Matthews, Chairman for the Chesterfield Center for the Arts Foundation, addressed the Board regarding the importance of the arts. Mr. Barry Wood, Webmaster of Pay0urPolice.com, encouraged the Board to consider a permanent raise for the Police Department. 11. CLOSED SESSION 1) PURSUANT TO SECTION 2.2-3711(A)(7), CODE OF VIRGINIA, 1950, AS AMENDED, FOR CONSULTATION WITH LEGAL COUNSEL REGARDING SPECIFIC LEGAL MATTERS RELATING TO SECTION 15.2-2302.1.1 OF CODE OF VIRGINIA; 2) PURSUANT TO SECTION 2.2-3711(A)(1), CODE OF VIRGINIA, 1950, AS AMENDED, RELATING TO THE PERFORMANCE OF A SPECIFIC COUNTY EMPLOYEE; AND 3) PURSUANT TO SECTION 2.2-3711(A)(1) CODE OF VIRGINIA, AS AMENDED, RELATING TO THE APPOINTMENT OF A SPECIFIC COUNTY EMPLOYEE On motion of Mr. Holland, seconded by Ms. Durfee, the Board went into closed session 1) pursuant to Section 2.2- 3711(A)(7), Code of Virginia, 1950, as amended, for consultation with legal counsel regarding specific legal matters relating to Section 15.2-2303.1:1 of the Code of Virginia; 2) pursuant to Section 2.2-3711(A)(1), Code of Virginia, 1950, as amended, relating to the performance of a specific county employee; and 3) pursuant to Section 2.2- 3711(A)(1) Code of Virginia, as amended, relating to the appointment of a specific county employee. J J J 10-666 10/27/10 Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee 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 were identified in the Motion by which the Closed Session was convened were heard, discussed, or considered by the Board. No member dissents from this certification. The Board being polled, the vote was as follows: Ms. Durfee: Aye Ms. Jaeckle: Aye Mr. Warren: Aye Mr. Holland: Aye Mr. Gecker: Aye 12. DINNER On motion of Ms. Durfee, seconded by Mr. Holland, the Board recessed to Room 502, for dinner. Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. Reconvening: 13. INVOCATION Reverend Mark Roberts, Associate Minister, New Direction Evangelistic Church, gave the invocation. 14. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Eagle Scout Bryce Melton led the Pledge of Allegiance to the flag of the United States of America. 15. RESOLUTIONS 10-667 10/27/10 15.A. RECOGNIZING THE 2010 CHESTERFIELD BASEBALL CLUBS INCORPORATED PONY ALL-STAR BASEBALL TEAM FOR ITS OUTSTANDING REPRESENTATION OF CHESTERFIELD COUNTY Ms. Snead introduced members of the Pony All-Star Baseball Team, who were all present to receive the resolution. On motion of Ms. Durfee, seconded by Mr.Warren, the Board adopted the following resolution. WHEREAS, participation in youth athletics has long been an integral part of Chesterfield County's educational, physical and emotional development for students; and WHEREAS, Mr. Bill Harding, coach of the Chesterfield Baseball Clubs, Inc. Pony All-Star Baseball Team completed his 17th year of coaching and along with his assistant coaches Jeff White and Keith Williams led their team on the road to the Pony World Series which incorporated playing teams from six different states and the country of Japan; and WHEREAS, under Mr. Harding's and his staff's direction, the 2010 Chesterfield Baseball Clubs, Inc. Pony All-Star Baseball Team finished the tournament season with an overall record of 13-0; and WHEREAS, the Chesterfield Baseball Clubs, Inc. Pony All- Star Team was the Southern Regional Champion; and WHEREAS, the Chesterfield Baseball Clubs, Inc. Pony All- Star Team was the East Zone Champion; and WHEREAS, the Chesterfield Baseball Clubs, Inc. Pony All- Star Team competed in the Pony World Series Championship and was crowned the world Series Champion; and WHEREAS, this is the first time in the tournament's 59- year history that this title has been brought home to the Commonwealth of Virginia; and WHEREAS, the team members include Keenan Caldwell, Tyler Davis, Michael Day, Michael Flanagan, Ryan Hall, Trevor Harding, Bradley McKay, Derek Murphy, Austin Powell, Jack Riggs, Jordon Staib, Justin White, Philip Van Keuren and Hunter Williams. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 27th day of October 2010, publicly recognizes the 2010 Chesterfield Baseball Clubs, Inc. Pony All-Star Team for its outstanding representation of Chesterfield County, commends the team on its commitment to excellence and sportsmanship, and expresses best wishes for continued success. Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. Mr. Holland presented the executed resolution to Coach Harding and commended the team on their achievements. Coach Harding recognized the Chesterfield Baseball Club and the parents of the players. He stated the players excel on the field as well as in school. J J J 10-668 10/27/10 Each of the players stated their name and what position they played. ~. 15.B. RECOGNIZING MR. JOHN BRYCE MATHIESON MELTON UPON ATTAINING THE RANK OF EAGLE SCOUT Mr. Kappel introduced Mr. John Bryce Mathieson Melton, who was present to receive the resolution. On motion of Mr. Holland, seconded by Ms. Jaeckle, 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 his community, being active in the troop, demonstrating Scout spirit, and living up to the Scout Oath and Law, Mr. John Bryce Mathieson Melton, Troop 800, sponsored by Bethel Baptist Church, has accomplished those high standards of commitment and has 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 his experiences in Scouting, learning the lessons of responsible citizenship, and endeavoring to prepare himself for a role as a leader in society, Bryce has distinguished himself as a member of a new generation of prepared young citizens of whom we can all be very proud. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 27th day of October 2010, hereby extends its congratulations to Mr. John Bryce Mathieson Melton and acknowledges the good fortune of the county to have such an outstanding young man as its citizen. Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. Mr. Warren presented the executed resolution to Mr. Melton and congratulated him on his achievements. Mr. Melton told about his Eagle project and expressed appreciation to his mother for her support. 15.C. RECOGNIZING NOVEMBER 2010, AS "PANCREATIC CANCER AWARENESS MONTH" IN CHESTERFIELD COUNTY Mr. Kappel introduced members of the Pancreatic Cancer Action Network, who were present to receive the resolution. On motion of Mr. Holland, seconded by Ms. Jaeckle, the Board adopted the following resolution. 10-669 10/27/10 WHEREAS, an estimated 43,000 people will be diagnosed with pancreatic cancer this year in the United States and over 36,000 will die from the disease; and WHEREAS, pancreatic cancer is the deadliest cancer and the fourth leading cause of cancer death in the United States; and WHEREAS, approximately 930 deaths will occur in the Commonwealth of Virginia; and WHEREAS, 75 percent of pancreatic cancer patients die within the first year of their diagnosis and 94 percent of pancreatic cancer patients die within the first five years; and WHEREAS, there is no cure for pancreatic cancer and there have been no significant improvements in early detection, treatment methods, or survival rates in the last 30 years; and WHEREAS, when symptoms of pancreatic cancer present themselves, it is usually too late for an optimistic prognosis, and the average life expectancy of those diagnosed with metastasis disease is only three to six months; and WHEREAS, incidence of pancreatic cancer is approximately 50 percent higher in African Americans than in other ethnic groups; and WHEREAS, the federal government invests less money in pancreatic cancer research than it does in any of the other leading cancer killers; and WHEREAS, the good health and well-being of the residents of Chesterfield County are enhanced as a direct result of increased awareness about pancreatic cancer and research into early detection, causes, and effective treatments; and WHEREAS, the Pancreatic Cancer Action Network is the first and only national patient advocacy organization that serves the pancreatic cancer community in Chesterfield County, in the Commonwealth of Virginia and nationwide by focusing its efforts on public policy, research funding, patient services, and public awareness and education related to developing effective treatments and a cure for pancreatic cancer; and WHEREAS, the Pancreatic Cancer Action Network and its affiliates in Chesterfield County and the Commonwealth of Virginia support those patients currently battling pancreatic cancer and are committed to nothing less than a cure. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes the month of November 2010, as "Pancreatic Cancer Awareness Month" in Chesterfield County and calls this recognition to the attention of all its citizens. Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. J J J 10-670 10/27/10 Ms. Durfee presented the executed resolution to John and Liz Rupp and expressed appreciation for public awareness and continued involvement towards the cause. Mrs. Rupp. expressed appreciation for the opportunity to educate the public on the issue. 16. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED MATTERS Mr. Paul Grasewicz addressed the Board relative to enforcement of sign violations. 17. REQUESTS FOR MANUFACTURED HOME PERMITS AND REZONING PLACED ON THE CONSENT AGENDA TO BE HEARD IN THE FOLLOWING ORDER: - WITHDRAWALS/DEFERRALS - CASES WHERE THE APPLICANT ACCEPTS THE RECOMMENDATION AND THERE IS NO OPPOSITION - CASES WHERE THE APPLICANT DOES NOT ACCEPT THE RECOMMENDATION AND/OR THERE IS PUBLIC OPPOSITION WILL BE HEARD AT SECTION 19 lOSN0167 In Bermuda 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 for 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 has withdrawn Case lOSN0167 from consideration by the Board. On motion of Ms. Jaeckle, seconded by Mr. Warren, the Board acknowledged the withdrawal of Case lOSN0167. Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. 11SN0102 In Matoaca Magisterial District, Debra C. Osterbind and Ronnie Osterbind request conditional use and amendment of zoning district map to permit a business (commercial kennel) incidental to a dwelling in an Agricultural (A) District on 34.5 acres known as 15725 North Rhodes Lane. Density will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for residential use of 1-5 acre lots: suited to R-88 zoning. Tax IDs 773-629-1310; 773-631-0109 and 2701. Mr. Turner presented a summary of Case 11SN0102 and stated the Planning Commission and staff recommended approval and acceptance of the proffered conditions. The applicant, Debra C. Osterbind, accepted the recommendation. Mr. Gecker called for public comment. 10-671 10/27/10 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 115N0102 and accepted the following proffered conditions: 1. The conditional Use shall be granted to and for Debra C. and Ronnie Osterbind, exclusively, and shall not be transferable or run with the land. 2. The Conditional Use shall be limited to the operation of a boarding kennel for a maximum of thirty (30) dogs and ten cats. (P) 3. Areas associated with the keeping of animals shall be cleaned and made free of waste on a regular basis so as to eliminate odors and the proliferation of insects. (P) 4. One (1) sign shall be permitted to identify this use. Such sign shall not exceed one (1) square foot in area and shall not be illuminated. (P) 5. Sufficient on-site parking shall be provided so as to preclude on-street parking to accommodate this use. (P) 6. No additional run areas, structures or fenced areas shall be constructed to accommodate this use other than those existing area and proposed structures as shown on the plan prepared by Debra C. Osterbind dated August 3, 2010. (P) Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. 11SN0108 In Midlothian Magisterial District, Woodlands Real Estate, LLC requests rezoning and amendment of zoning district map from. Agricultural (A) to Regional Business (C-4) with conditional use to permit multifamily use plus conditional use planned development to permit exceptions to Ordinance requirements on .2 acre lying 295 feet off the west line of Old Farm Road, across from Larkhill Lane. Density will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for medium density residential use of 1.51 to 4.0 units per acre. Tax ID 743-712-Part of 1961. Mr. Turner presented a summary of Case 11SN0108 and stated the Planning Commission and staff recommended approval and acceptance of the proffered condition. Jim Theobold, representing applicant, accepted the recommendation. Mr. Gecker called for public comment. Ms. Andrea Epps expressed appreciation towards staff for their assistance with this case. J J J 10-672 10/27/10 There being no one else to address the request, the public hearing was closed. On motion of Mr. Gecker, seconded by Mr. Holland, the Board approved Case 11SN0108 and accepted the following proffered condition: The property owner 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 itself and its successors or assigns, proffer that the property under consideration will be developed according to the following proffers if, and only if, the rezoning request submitted herewith is granted with only those conditions agreed to by the owner and applicant. In the event this request is denied or approved with conditions not agreed to by the owner and applicant, the proffers shall immediately be null and void and of no further force or effect. The subject property shall be subject to all proffered conditions and Textual Statement requirements and exceptions applicable to the residential multifamily component of Case 06SN0155 ("Area B"). Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. lOSN0269 In Clover Hill Magisterial District, Southshore Shops LLC requests amendment of conditional use planned development (Case OlSN0121) and amendment of zoning district map to permit a computer-controlled, variable message, electronic sign and exceptions to Ordinance requirements relative to signage in Neighborhood Business (C-2) and Corporate Office (0-2) Districts on 8.5 acres located in the northwest corner of Hull Street Road and Temie Lee Parkway. Density will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for community mixed use. Tax IDs 725-672-0429, 1000 and 4203. Ms. Jane Peterson presented a summary of Case lOSN0269 and stated both the Planning Commission and staff recommended denial because the proposed computer-controlled, variable message, electronic sign does not conform to the adopted Electronic Message Center Policy for such signs relative to location within the Hull Street Road Corridor, display color and lines of copy and the current sign standard of the Ordinance provide adequate area for changeable copy. Mr. Mark Greenburg, representing the applicant, stated the proposal limits the use of an electronic message sign to the conditions that would have been adopted had the ordinance been amended as recommended by the committee. He further stated there is an adoption of technology that needs to happen at some point in time. He stated the electronic message signs benefit small businesses with no visibility from a main road. He stated it is an adoption of policy that will allow small businesses to generate more revenue. He asked the Board to consider and approve the proposal. Mr. Gecker called for public comment. 10-673 10/27/10 Mr. Bill Covil, President of Southshore Property Owners Association, stated he does not support the electronic sign and presented a petition signed by members of the Southshore Property Owners Association opposing the proposed sign. Mr. Bob Olsen stated the proposal indicates off-site signage and violates county policy. Mr. David Stevens, a resident of Chesterfield, stated electronic message boards can be policed, are beneficial and are extremely necessary for small businesses because they are a revenue-making product. He further stated signs are designed to bring in customers and income. He requested that the Board make changes to the current electronic message sign ordinance to make such signs administratively approvable. Mr. Bob Schrum, representing the Chesterfield Chamber of Commerce, stated he is in favor of the electronic sign and encouraged the Board to approve the case. Mr. John Grohusky, President of the Bexley West Community Association, stated electronic signs do nothing to enhance the look and the quality of the corridor and asked the Board to reject the request. Mr. Mark Tubbs, on behalf of the Chesterfield Chamber of Commerce, stated electronic signs are essential to businesses that are hidden from the main road. He asked the Board to support the request. Mr. Paul Grasewicz stated concerns for policing and lack of compliance in regards to the three-minute intervals. He further stated many neighboring cities and counties prohibit electronic message signs. He asked the Board to deny the request. Mr. Freddy Boisseau stated there should be an updated sign ordinance. He further stated message signs can be made attractive and can be policed. There being no one else to address the request, the public hearing was closed. Mr. Greenburg stated electronic message technology would help the tenants to bring in revenue. He further stated the three- minute interval would be managed and regulated. . Mr. Warren stated the Board has been proactive in regards to promoting small businesses within the county. Mr. Warren then made a motion, seconded by Mr. Holland, for the Board to deny Case lOSN0269. Ms. Jaeckle stated she is in favor of re-visiting the electronic message sign policy. In response to Ms. Jaeckle's question, Ms. Peterson stated in regards to the center the sign would not be considered an off-site advertising sign. She further stated the project was planned and developed together. Ms. Durfee stated there should be conditions and parameters for consideration of electronic message signs and the policy should be re-examined. 10-674 J J J 10/27/10 Mr. Gecker called for a vote on the motion of Mr. Warren, seconded by Mr. Holland, for the Board to deny Case lOSN0269. Ayes: Gecker, Holland, Warren, and Durfee. Nays: Jaeckle. lOSN0271 In Bermuda Magisterial District, Ellmer Properties request conditional use planned development and amendment of zoning district map to permit exceptions to Ordinance requirements relative to signage in a General Business (C-5) District on 7 acres fronting 770 feet on the east line of Interstate 95, 1200 feet south of Ruffin Mill Road. Density will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for general commercial use. Tax ID 805-636-0948. Ms. Peterson presented a summary of Case lOSN0271 and stated the Planning Commission recommended approval and acceptance of the proffered condition. She further stated staff recommended denial because the current sign standards of the ordinance provide adequate identification for uses on the property and approval of this request could encourage other businesses to seek similar exceptions, leading to proliferation of oversized signs. Mr. John Cogbill, representing the applicant, requested approval of the sign due to the location's proximity to a confusing interchange thereby necessitating a larger sign to allow customers to identify the site and exit the interstate in a safe manner. He further stated there is a need for better product identification. He stated the applicant agreed to make the sign more attractive and more suitable to the area. He further stated justification shows the Enterprise Zone is "open for business," many businesses have been attracted to the county by this Enterprise Zone, and suggested the county support the efforts of its business community by permitting signage sufficient to allow the businesses to succeed. Mr. Gecker called for public comment. There being no one to address the request, the public hearing was closed. Ms. Jaeckle stated dealerships moved to the area because of high visibility from Interstate 95. Ms. Jaeckle then made a motion, seconded by Ms. Durfee, for the Board to approve Case lOSN0271 and accept the following proffered condition: The Owners and the Developer (the "Owners") in this zoning 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 development of the Property know as Chesterfield County Tax Identification Number 805-636-0948 (the "Property") under consideration will de developed according to the following conditions if, and only if, the rezoning request for conditional use planned development is 10-675 10/27/10 granted. In the event the request is denied or approved with conditions not agreed to by the Owners, the proffers shall immediately be null and void and of no further force or effect. The Textual Statement dated June 30, 2010 and the last revised August 5, 2010 shall be considered the Master Plan. (P) Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. lOSN0272 and 11SN0109 In Midlothian Magisterial District, HCA Health Services requests conditional use and amendment of zoning district map to permit a computer-controlled, variable message, electronic sign in a General Business (C-5) District on 8.3 acres fronting 870 feet on the west line of Chippenham Parkway, 250 feet on the south of the Midlothian Turnpike interchange. Density will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for regional mixed use. Tax IDs 766-705-Part of 1843. In Clover Hill Magisterial District, HCA Health Services requests conditional use and amendment of zoning district map to permit a computer-controlled, variable message, electronic sign in a General Business (C-5) District on 2.3 acres fronting 560 feet on the north line of Hull Street Road, 280 feet west of Genito Road. Density will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for office use. Tax ID 743-683-3987. Ms. Peterson presented summaries of Cases lOSN0272 and 11SN0109 and stated the Planning Commission recommended approval. She further stated staff recommended denial because the proposed computer-controlled, variable message, electronic sign does not conform to the adopted Electronic Message Center Policy for such signs relative to integration into a non-conforming sign and the requested exceptions to the Policy could set a precedent for similar requests. Mr. John Cogbill, representing the applicant, requested the Board's approval of a conditional use to permit the installation in two existing billboards of a small electronic box (timer) that would illuminate two yellow numerals. He stated the two numerals would indicate the average wait time to begin a procedure or see a doctor in an emergency room in one of the two HCA Hospitals indicated. He stated the two yellow numerals would not change more often than every twenty minutes. He further stated the only use of the illuminated portion of the sign is a one-line, two-digit numerical display. In response to Mr. Warren's question, Mr. Cogbill stated this sign is similar to a gas station advertising the price of gas. Mr. Gecker called for public comment. J J J 10-676 10/27/10 Mr. Bob Olsen recommended approval for both signs. He stated the applicant complied with the policy. Ms. Andrea Epps recommended approval for both cases. Mr. Paul Grasewicz stated the proposal complies with the policy and the applicant made suggested changes. He further recommended approval for both cases. Mr. Bob Schrum stated his support for both cases. Mr. David Stevens recommended approval for both cases. There being no one else to address the request, the public hearing was closed.. Mr. Warren made a motion, seconded by Ms. Jaeckle, for the Board to approve Case 11SN0109 and accept the following proffered conditions: HCA Virginia Health System (the "Developer") in this zoning case, pursuant to Section 15.2-2298 of the Code of Virginia (1950 as amended) and the Zoning Ordinance of Chesterfield County, for itself and its successors or assigns, proffers that the development of the property known as Chesterfield County Tax Identification Number 743-683-3987 (the "Property") under consideration will be developed according to the following conditions if, and only if, the request for the conditional use (CU) is granted. In the event the request is denied or approved with conditions not agreed to by the Developer, the proffers shall immediately be null and void and of no further force or effect . 1. In addition to the Zoning Ordinance requirements, any computer-controlled, variable message, electronic sign shall conform to the following standards: A. Copy shall not move nor fade and shall be limited to one line of numeric display. B. The message or display shall be programmed or sequenced to change no more than once every 20 minutes. C. The copy display color shall be yellow. D. Flashing and traveling messages shall be prohibited. E. Bijou lighting and animations effects shall be prohibited. F. The electronic message center shall be integrated into the face of the existing outdoor advertising sign. G. The existing sign face shall not be increased in square footage, height, or width. H. The total area of the electronic message sign shall not exceed thirty-six (36) square feet. (P) 2. This conditional use permit shall be limited to the Developer only. (P) 10-677 10/27/10 Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. Mr. Gecker made a motion, seconded by Ms. Jaeckle, for the Board to approve Case lOSN0272 and accept the following proffered conditions. HCA Health System (the "Developer") in °this zoning case, pursuant to Section 15.2-2298 of the Code of Virginia (1950 as amended) and the Zoning Ordinance of Chesterfield County, for itself and its successors or assigns, proffers that the development of the property known as Chesterfield County Tax Identification Number 766-705-Part of 1843 (the "Property") under consideration will be developed according to the following conditions if, and only if, the request for the conditional use permit (CUP) is granted. In the event the request is denied or approved with conditions not agreed to by the Developer, the proffers shall immediately be null and void and if no further force or effect. 1. In addition to the Zoning Ordinance requirements, any computer-controlled, variable message, electronic sign shall conform to the following standards. A. Copy shall not move nor fade and shall be limited to one line of numeric display. B. The message or display shall be programmed or sequenced to change no more .than once every 20 minutes. C. The copy display color shall be yellow. D. Flashing and traveling messages shall be prohibited. E. Bijou lighting and animations effects shall be prohibited. F. The electronic message center shall be integrated into the face of the existing outdoor advertising sign, as described in Proffered Condition 2. G. The existing sign face shall not- be increased in square footage, height, or width. H. The total area of the electronic message sign shall not exceed thirty-six (36) square feet. (P) 2. This conditional use shall be limited to one (1) of the four (4) outdoor advertising signs located on the Property, specifically the third sign starting from south to north, as noted on the attached map. (P) 3. This conditional use permit shall be limited to the Developer only. (P) Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. 18. PUBLIC HEARINGS 18.A. TO CONSIDER AMENDMENTS TO THE ZONING ORDINANCE RELATING TO COLUMBARIA J J J 10-678 10/27/10 Mr. Clay stated this date and time has been advertised for a public hearing for the Board to consider amendments to the zoning ordinance relating to columbaria. He noted that the Planning Commission recommended approval of the proposed ordinance amendment. Mr. Gecker called for public comment. Mr. Jim Trent, on behalf of Bon Air Baptist Church, recommended approval of the proposed ordinance amendment. Mr. Warren expressed appreciation to Mr. Trent for his patience and understanding during the process. Mr. Tom Ramao, representing Saint Edwards Catholic Church, stated he supports the ordinance because the columbaria is consistent with the use of a church that allows the remains of loved ones to be located in an easily accessible area. Mr. Walt Shugart, representing Epiphany Catholic Church, requested the Board's approval of the amendments. There being no one else to speak to the issue, the public hearing was closed. In response to Mr. Gecker's questions, Mr. Clay stated a scatter garden is a ground in the vicinity of the columbaria where ashes can be scattered. He further stated records of next of kin of the deceased are important if family members need to be contacted in the event the church changes hands. Mr. Holland stated his full support for the ordinance. Mr. Gecker made a motion, seconded by Mr. warren, for the Board to adopt the following ordinance: AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING AND RE-ENACTING SECTIONS 19-65, 19-124, 19-131, 19-152, 19-200.3, AND 19-301 OF THE ZONING ORDINANCE RELATING TO REQUIREMENTS FOR COLUMBARIUMS BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Sections 19-65, 19-124, 19-131, 19-152, 19-200.3, and 19-301 of the Code of the County of Chesterfield, 1997, as amended, are amended and re-enacted to read as follows: Chapter 19 ZONING 0 0 0 ARTICLE III. DISTRICTS 0 0 0 DIVISION 4. R-88 RESIDENTIAL DISTRICT 0 0 0 Sec. 19-65. Uses permitted with certain restrictions. (i) Columbarium, provided that: 10-679 10/27/10 (1) The use is in conjunction with a church use or othe place of worship on the property.; and (2) The church or other place of worship maintains permanent records of the next of kin or nearest relative of the deceased. 0 0 0 DIVISION 15. A AGRICULTURAL DISTRICT 0 0 0 Sec. 19-124. Uses permitted with certain restrictions. 0 0 0 (h) Columbarium, provided that: (1) The use is in conjunction with a church use or othe place of worship on the property; and (2) The church or other place of worship maintains permanent records of the next of kin or nearest .relative of the deceased. DIVISION 16. O-1 NEIGHBORHOOD OFFICE DISTRICT 0 0 0 Sec. 19-131. Uses permitted with certain restrictions. 0 0 0 (m) Columbarium, provided that: (1) The use is in conjunction with a church use or other place of worship on the property; and (2) The church or other place of worship maintains permanent records of the next of kin or nearest relative of the deceased. 0 0 0 DIVISION 19. C-2 NEIGHBORHOOD BUSINESS DISTRICT 0 0 0 Sec. 19-152. Uses permitted with certain restrictions. 0 0 0 (j) Columbarium, provided that: (1) The use is in conjunction with a church use or other place of worship on the property; and (2) The church or other place of worship maintains permanent records of the next of kin or nearest relative of the deceased. 0 0 0 DIVISION 26. TND TRADITIONAL NEIGHBORHOOD DEVELOPMENT DISTRICT 0 0 0 Sec. 19-200.3. Uses permitted with certain restrictions. 0 0 0 (s) Columbarium, provided that: (1) The use is in conjunction with a church use or other place of worship on the property; and 10-680 J J J 10/27/10 (2) The church or other place of worship maintains permanent records of the next of kin or nearest relative of the deceased. 0 0 0 ARTICLE VI. DEFINITIONS 0 0 0 Sec. 19-301. Definitions. 0 0 0 Columbarium: A permanently designated structure or location, including scatter ,and memory gardens, containing cremated human remains. 0 0 0 (2) That this ordinance shall become effective immediately upon adoption. Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. 18.B. TO CONSIDER AN ORDINANCE AMENDMENT RELATING TO FAMILY SUBDIVISIONS Ms. Rogers stated this date and time has been advertised for a public hearing for the Board to consider approval of an ordinance amendment relating to family subdivisions. Mr. Gecker called for public comment. There being no one to speak to the issue, the public hearing was closed. Ms. Durfee made a motion, seconded by Mr. Holland, for the Board to adopt the following ordinance: AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING AND RE-ENACTING SECTION 17-2 OF THE SUBDIVISION ORDINANCE RELATING TO RESIDENTIAL PARCEL SUBDIVISION DEFINITIONS TO ALLOW CREATION OF A PARCEL FOR AN IMMEDIATE FAMILY MEMBER AND THEIR SPOUSE BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Section 17-2 of the Code of the County of Chesterfield, 1997, as amended, is amended and re-enacted to read as follows: Sec. 17-2. Definitions. The definitions contained in this section shall be observed and applied, except when the context clearly indicates otherwise: 0 0 0 Subdivision, residential parcel: The division, per article II division IV, of any parcel of land for residential 10-681 10/27/10 use, into two or more parcels all of which are more than five acres, and which: 0 0 0 a. Residential parcel subdivisions shall include: Family subdivisions which shall be defined as a single division of land to create a lot or a parcel for the purpose of a sale or gift to a member of the immediate family of the property owner or to the immediate family member and their spouse. Family subdivisions shall also include a partition of property owned by immediate family members. Only one such division shall be allowed per family member and shall not be for the purpose of circumventing this chapter. For the purpose of this subsection, a member of the immediate family shall be defined as any person who is a natural or legally defined offspring, stepchild, spouse, sibling, grandchild, grandparent or parent of the owner. Family subdivisions shall comply with all applicable requirements of the zoning ordinance and the standards set forth in this chapter. Access shall be provided as required by the Code of Virginia. 0 0 0 2) That this ordinance shall become effective immediately upon adoption Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. 18.C. TO CONSIDER ORDINANCE AMENDMENTS RELATING TO RESIDENTIAL CARE HOMES Ms. Rogers stated this date and time has been advertised for a public hearing for the Board to consider approval of ordinance amendment relating to residential care homes (assisted living facilities). She further stated residential care homes are facilities housing a maximum of eight aged, infirmed or disabled persons in districts where residential uses are permitted. She stated residential care homes are licensed by the State Department of Social Services. She stated this law is the same as that allowing group homes licensed by the State Department of Behavioral Health and Development Services in residential areas. She further stated the proposed amendment combines group homes and assisted living facilities into one category, residential care home. Mr. Gecker called for public comment. There being no one to speak to the issue, the public hearing was closed. Ms. Durfee made a motion, seconded by Mr. Holland, for the Board to adopt the following ordinance: AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING AND RE-ENACTING SECTIONS 19-64, 19-101, 19-107, 19-113, 19-122.1, 19-200.2, 19-301 AND 19-649 OF THE ZONING ORDINANCE RELATING TO RESIDENTIAL CARE HOMES 10-682 J J J 10/27/10 (ASSISTED LIVING FACILITIES AND GROUP HOMES) IN RESIDENTIAL, RESIDENTIAL TOWNHOUSE, MULTIFAMILY RESIDENTIAL, MANUFACTURED HOME AND TRADITIONAL NEIGHBORHOOD DEVELOPMENT DISTRICTS BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Sections 19-64, 19-101, 19-107, 19-113, 19-122.1, 19-200.2, 19-301 and 19-649 of the Code of the County of Chesterfield, 1997, as amended, are amended and re-enacted to read as follows: DIVISION 4. R-88 RESIDENTIAL DISTRICT Sec. 19-64. Permitted uses by right. The following uses shall be permitted by right in the R- 88 District: 0 0 0 (f) Residential care homes. 0 0 0 DIVISION 11. R-TH RESIDENTIAL-TOWNHOUSE DISTRICT Sec. 19-101. Permitted uses by right. The following uses shall be permitted by right in the R- TH District: 0 0 0 Residential care homes. 0 0 0 DIVISION 12. R-MF MULTIFAMILY RESIDENTIAL DISTRICT Sec. 19-107. Permitted uses by right. The following uses shall be permitted by right in the R- MF District: Residential care homes. 0 0 0 DIVISION 13. MH-1 MANUFACTURED OR MOBILE HOME PARK DISTRICT Sec. 19-113. Permitted uses by right. The following uses shall be permitted by right in the MH-1 District: 0 0 0 (b) Residential care homes. 0 0 0 DIVISION 14.1. MH-3 MANUFACTURED HOME PARK DISTRICT Sec. 19-122.1. Permitted uses by right. The following uses shall be permitted by right in the MH-3 District: 10-683 10/27/10 0 0 0 (b) Residential care homes. 0 0 0 DIVISION 26: TND TRADITIONAL NEIGHBORHOOD DEVELOPMENT DISTRICT 0 0 0 Sec. 19-200.2. Permitted uses by right. The following uses shall be permitted by right in the TND district: (t) Hospitals and other medical facilities. (u) Hotels. (v) Laboratories: dental, medical, and optical. (w) Libraries, public or private. (x) Meal preparation and delivery services. (y) Messenger services. (z) Model homes. (aa) Mortuaries. (bb) Museums, public or private. (cc) Offices: dental, general, medical, property management, temporary real estate. (dd) Parking lots: commercial, non-commercial, park and ride. (ee) Personal service establishments. (ff) Post offices. (gg) Public utility service buildings. (hh) Recreational establishments, commercial-indoor. (ii) Residential care homes. 0 0 0 ARTICLE VI. DEFINITIONS Sec. 19-301. Definitions. For the purposes of this chapter, the following words and phrases shall have the following meanings: 0 0 0 Fami 1 y (1) An individual. (2) Two or more persons related by blood, marriage, adoption or guardianship plus any domestic servants, foster children and not more than two roomers, 10-684 J J J 10/27/10 living together as a single nonprofit housekeeping unit in a dwelling or dwelling unit. (3) A group of not more than four persons. not related by blood, marriage, adoption or guardianship living together as a single nonprofit housekeeping unit in a dwelling or dwelling unit. (4) Residential care home. 0 0 0 Group care facility: An adult and/or child caring institution or facility, other than a residential care home, halfway house or hospital, designed to provide resident services to individuals requiring rehabilitation or personal services because they are physically handicapped, mentally ill, mentally retarded, developmentally disabled, aged, infirm, chronically ill, incurably afflicted, children in need of services or children separated from their parents or guardian. 0 0 0 Residential care home: An adult and/or child caring home licensed by the Virginia State Department of Behavioral Health and Developmental Services to provide residential services to individuals who are mentally ill, mentally retarded, or developmentally disabled, or a home licensed by the Virginia State Department of Social Services to provide residential services to individuals who are aged, infirmed or disabled. For the purposes of this section, mental illness and developmentally disabled shall not include persons who illegally use or are addicted to a controlled substance, as defined in the Code of Virginia. No more than eight individuals shall reside within such home exclusive of one or more resident counselors or other staff persons. For the purposes of this chapter, such homes shall be considered a single family dwelling unit and required to meet the standards for dwelling units permitted in the district in which they are located. Sec. 19-649. Size restrictions for specific types of freestanding signs. Sign Countywide Village District Area Height Area Height Group care facilities, rest 50 15 24 8 homes and nursing homes 0 0 0 2) That this ordinance shall become effective immediately upon adoption. Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. 18.D. TO CONSIDER AN ORDINANCE AMENDMENT RELATING TO TEMPORARY HEALTH CARE UNITS 10-685 10/27/10 Ms. Rogers stated this date and time has been advertised for a public hearing for the Board to consider an ordinance amendment relating to temporary health care units. She further stated a temporary health care unit is a transportable unit which facilitates care for an impaired person on a temporary basis. She stated temporary health care unit restrictions require that the unit be accessory to a single family dwelling; have a maximum of 300 gross square feet; conformance to building code and industrialized building safety laws; meet setback. requirements for single family dwelling; occupancy limited to one person certified as mentally or physically impaired by a physician; a requirement that a occupant must be related to the caregiver who resides in principal dwelling; or the caregiver must be the legal guardian of the individual a requirement for an annual planning permit and inspection; and the unit must be removed in thirty days of the person no longer needing care. Mr. Gecker called for public comment. In response to Mr. Gecker's questions, Ms. Rogers stated under the proposed ordinance, the unit must meet the setback requirements for the principal structure which could result in the unit being located in front of the principal structure. In response to Mr. Gecker's question, Mr. Mincks stated as long as the temporary unit conforms to the setback and other development requirements of a principal dwelling, it would satisfy the law. In response to Mr. Gecker's question, Ms. Rogers stated the temporary unit may be connected to the water and sewer hook up is permitted into the principal dwelling. In response to Ms. Jaeckle's question, Mr. Mincks stated the ordinance was mandated by the General Assembly and applies to all localities. He further stated the setback issue was not discussed, to the best of his knowledge. Ms. Rogers stated state law allows the temporary unit to meet all requirements for accessory structures with the exception of setbacks which must conform to those required for principal structures. In response to Ms. Jaeckle's question, Ms. Rogers stated a home can be placed on a lot beyond the required setback in which case there is the potential for the temporary unit to be located in front of the principal dwelling unit. In response to Mr. Gecker's question, Ms. Rogers stated the temporary unit must be connected to utilities to meet the building code. In response to Mr. Gecker's question, Mr. Mincks stated the legislation mandates the use to be permitted where residential uses are allowed. He further stated the permit will contain consent for right of entry to inspect the unit. There being no one to speak to the request, the public hearing was closed. Mr. Holland made a motion, seconded by Mr. Durfee, for the Board to adopt the following ordinance: 10-686 J J J 10/27/10 AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING AND RE-ENACTING SECTIONS 19-25, 19-65, 19-118.1, 19-122.2, AND 19-301 OF THE ZONING ORDINANCE RELATING TO TEMPORARY HEALTH CARE STRUCTURES AND ASSOCIATED FEES BE IT' ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Sections 19-25, 19-65, 19-118.1, 19-122.2, and 19- 301 of the Code of the County of Chesterfield, 1997, as amended, are amended and re-enacted to read as follows: DIVISION 3. APPLICATIONS, FEES AND NOTIFICATION 0 0 0 Sec. 19-25. Fees. In addition to any other fees required by the county, fees shall be payable to the county treasurer and submitted to the planning department upon filing the following applications: Application Type Fee, Based On Residential Office, Uses Commercial, and Industrial Uses 13. Planning permits _ _ a. Temporary family health 100.00 not care unit permit applicable 0 0 0 DIVISION 4. R-88 RESIDENTIAL DISTRICT 0 0 0 Sec. 19-65. Uses permitted with certain restrictions. The following uses shall be permitted in the R-88 District subject to compliance with the following conditions and other applicable standards of this chapter. If these restrictions cannot be met, these uses may be allowed by conditional use, subject to section 19-13: 0 0 0 (i) Temporary family health care unit, provided that: (1) Unit shall be accessory to a single family dwelling located on a lot; (2) A planning permit shall be obtained, and maintained, from the Planning Department for the unit. In conjunction with the request for a permit and annually thereafter, the following shall be submitted: (i) documentation, as deemed necessary by the Planning Department, to insure compliance with this section, (ii) documentation of the need for care for the mentally or physically impaired person, (iii) documentation of the relationship of the 10-687 10/27/10 mentally or .physically impaired person and the caregiver, and (iv) permission for a Planning Department representative to inspect, at reasonably convenient times, the unit and the single family dwelling on the lot to determine compliance with this section. The Planning Department may revoke the permit for any violation of this section; (3) Only one unit shall be permitted per lot; (4) Unit shall not exceed 300 gross square feet in area; (5) Unit shall comply with setback requirements for primary structures in the district; (6) Unit shall comply with height limitations for accessory structures in the district; (7) Unit shall primarily be assembled at a location other than the lot on which it is to be located; (8) Unit shall not be placed on a permanent foundation; (9) Occupancy of the unit shall be limited to one mentally or physically impaired person who is either related to the caregiver by blood, marriage, or adoption, or for whom the caregiver is the legally appointed guardian; (10) The caregiver of the impaired person shall reside in the single family dwelling located on the lot; (11)Unit shall be removed within 30 days of the impaired person no longer meeting the certification requirements or no longer residing within the unit; and (12) Unit shall not be used for, or converted to, another use. 0 0 0 DIVISION 14. MH-2 MANUFACTURED OR MOBILE HOME SUBDIVISION DISTRICT 0 0 0 Sec. 19-118.1. Uses permitted with certain restrictions. The following uses shall be permitted in the MH-2 District subject to compliance with the following conditions and other applicable standards of this chapter. If these restrictions cannot be met, these uses may be allowed by conditional use, subject to section 19-13: (a) With the exception of a temporary family health care unit, uses permitted with restrictions in the R-88 District. 0 0 0 DIVISION 14.1. MH-3 MANUFACTURED HOME PARK DISTRICT 0 0 0 Sec. 19-122.2. Uses permitted with certain restrictions. The following uses shall be permitted in the MH-3 District subject to compliance with any conditions specified herein and other applicable standards of this chapter. If these restrictions cannot be met, these uses may be allowed by conditional use, subject to section 19-13: J J J 10-688 10/27/10 (a) With the exception of a temporary family health care unit, uses permitted with restrictions in the R-88 District. 0 0 0 02- ARTICLE VI. DEFINITIONS Sec. 19-301. Definitions. For the purposes of this chapter, the following words and phrases shall have the following meanings: 0 0 0 Temporary family health care unit: A transportable residential unit used for a caregiver's provision of residence and care for a mentally or physically impaired person who is certified by a licensed medical physician as requiring assistance with two or more activities of daily living as defined by state law. The unit shall comply with applicable provisions of the Industrialized Building Safety Law and the Uniform Statewide Building Code. 0 0 0 2) That this ordinance shall become effective immediately upon adoption. Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. 18.E. TO CONSIDER AN ORDINANCE AMENDMENT RELATING TO ATTACHED FAMILY DWELLING UNITS Ms. Rogers stated this date and time has been advertised for a public hearing for the Board to consider an ordinance amendment relating to attached family dwelling units. She further stated standard conditions for a conditional use restrict occupancy to occupants of principal dwelling, related individuals, guests, and domestic employees and requires a recorded deed restriction. She provided details of attached family dwelling restrictions. She stated when the second unit is no longer needed to care for an individual occupancy would be limited to the property owner and immediate family members and their spouse(s). She further stated an initial and yearly permit would be required. Mr. Gecker called for public comment. Ms. Andrea Epps questioned if these units would be counted toward the allowed density of a development; whether the restriction on occupancy to an impaired person is discriminatory; and why there were no minimum square footage requirements. Mr. Freddy Boisseau expressed concerns relative to the requirement for an annual permit and the impact on someone's property value when the unit can no longer be used. There being no one else to speak to the request, the public hearing was closed. 10-689 10/27/10 Mr. Warren stated there were legal questions raised that need to be addressed and suggested a thirty-day deferral. Ms. Jaeckle expressed concerns with a number of the restrictions and concurred with Mr. warren's request to defer. Mr. Warren made a motion, seconded by Ms. Jaeckle, for the Board to defer consideration of the ordinance amendment relating to attached family dwelling units until December 1, 2010. Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. 19. REMAINING MANUFACTURED HOME PERMITS AND ZONING REQUESTS There were no remaining requests for manufactured home permits or zoning requests. 20. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED MATTERS There were no requests to address the Board at this time. 21. ADJOURNMENT On motion of Mr. Holland seconded by Ms. Durfee, the Board adjourned at 8:37 p.m. until November 1, 2010 at 3 p.m. for a joint meeting with the School Board and the county's Legislative Delegation at the Eanes-Pittman Public Safety Training Center. Ayes: Gecker, Holland, Jaeckle, Warren ,and Durfee. Nays: None. J mes J. egm er ount dministrator Daniel A. Gecker Chairman 10-690 10/27/10 J J J