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2010-12-01 MinutesBOARD OF SUPERVISORS MINUTES December 1, 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: Mr. Mike Bacile, Dir., Purchasing Dr. Sheryl Bailey, Dep. County Administrator, Management Services Ms. Janice Blakley, Clerk to the Board Mr. Kevin Bruny, Chief Learning Officer Mr. Allan Carmody, Dir., Budget and Management Ms. Marilyn Cole, Asst. County Administrator Ms. Mary Ann Curtin, Dir., Intergovtl. Relations Mr. Charlie Dane, Deputy Dir., General Services Mr. Jonathan Davis, Dir., Real Estate Assessments Mr. Will Davis, Dir., Economic Development Mr. William Dupler, Interim Dep. Co. Administrator, Community Development Colonel Thierry Dupuis, Police Department Ms. Kelly Fried, Asst. Dir., Mental Health Mr. Michael Golden, Dir., Parks and Recreation Mr. Russell Harris, Mgr. of Community Development Services Mr. Donald Kappel, Dir., Public Affairs Mr. Mike Mabe, Director, Libraries Mr. R. John McCracken, Dir., Transportation Mr. Richard M. McElfish, Dir., Env. Engineering Mr. Jeffrey L. Mincks, County Attorney Mr. Dean Sasek, Asst. Real Property Manager Ms. Sarah Snead, Dep. County Administrator, Human Services Mr. Kirk Turner, Dir., Planning Mr. Scott Zaremba, Dir., Human Resource Programs 10-742 12/01/10 Mr. Gecker called the regularly scheduled meeting to order at 3:01 p.m. 1. APPROVAL OF MINUTES 1.A. NOVEMBER 1, 2010 JOINT MEETING WITH THE SCHOOL BOARD AND THE COUNTY'S LEGISLATIVE DELEGATION On motion of Ms. Durfee, seconded by Mr. Holland, the Board approved the minutes of November 1, 2010, as submitted. Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. 1.B. NOVEMBER 17, 2010 REGULAR MEETING Ms. Jaeckle requested that on page 734, line 9, a name be corrected to read Mr. Vinny Ferraiolo. On motion of Ms. Durfee, seconded by Mr. Holland, the Board approved the minutes of November 17, 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 a draft Comprehensive Plan has been posted online and is available to the public. He noted that a special report on the Comprehensive Plan will. be published in the December 29 edition of the Chesterfield Observer. He further stated community meetings on the plan have been scheduled for January, one in each district and two in Matoaca. • Mr. Stegmaier announced that the first edition of the county's e-newsletter, Currents, was launched on November 30th. He stated it contains district, countywide, and business news, meeting schedules and contact information. He further stated that Currents will be published quarterly. • Mr. Stegmaier noted the St. Frances Watkins Centre groundbreaking ceremony will be next Thursday, December 9 at 1:00 p.m. 3. BOARD MEMBER REPORTS Mr. Holland stated there will be a Dale District meeting at Meadowbrook High School on Monday, December 6 at 7:00 p.m. He further stated the Committee on the Future meeting was low in attendance and he urged constituents to contact him in regards to scheduling for future meetings. He congratulated the Committee on the Future on the tremendous job of their presentation on "Lifelong Learning" and stressed its content. He further stated that community meetings have been scheduled in January regarding the Comprehensive Plan. He expressed appreciation to staff for the county's e-newsletter. He expressed gratitude towards the county's employees for their hard work and dedication. 10-743 J J J 12/01/10 Ms. Durfee stated she recently held a town hall meeting and stressed the importance of reaching out to the constituents. She further stated in January she will hold a constituent's meeting regarding the Committee on the Future's report, as well as two meetings regarding the Comprehensive Plan in the Matoaca District. Mr. Warren stated he will hold a constituent's meeting regarding the Committee on the Future report in January and a town meeting on December 6 at Manchester Middle School. He further stated he will hold a meeting on the Comprehensive Plan on January 24 at Monacan High School. He stressed the importance of citizen involvement regarding the Plan. He stated he recently met with the Hull Street Road Business Association regarding stimulation of business in Chesterfield County. Mr. Gecker stated he will hold a meeting regarding the Committee on the Future's report on December 7 and will be holding a meeting regarding the Comprehensive Plan in January. 4. REQUESTS TO POSTPONE AGENDA ITEMS AND ADDITIONS, DELETIONS OR CHANGES IN THE ORDER OF PRESENTATION On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board moved Item 8.C.5., Resolution Recognizing Mr. H. Russell Harris, Ombudsman/Manager of Community Development Services for Community Development, Upon His Retirement, to follow Item S.B., at the request of the Chairman. 5. RESOLUTIONS 5.A. RECOGNIZING MS. NANCY BRIGGS FOR HER SERVICE AS A MEMBER OF THE COMMUNITY SERVICES BOARD Ms. Fried introduced Ms. Nancy B. Briggs, who was present to receive the resolution. On motion of Ms. Durfee, seconded by Mr. Holland, the Board adopted the following resolution: WHEREAS, Ms. Nancy B. Briggs has served as a dedicated and faithful member of the Chesterfield Community Services Board since her appointment by the Board of Supervisors in January 2002; and WHEREAS, during her three terms as an at-large member of the Chesterfield Community Services Board, Ms. Briggs has served with distinction in the office of Vice Chair, Chair of the Human Resources Committee, and member of the Executive Committee and the Finance Committee, as well as a member of the Service Quality Committee, the Intensive Care Facility Committee, and the Preservation of Services Committee; and WHEREAS, Ms. Briggs has been an active volunteer and concerned citizen of Chesterfield County, dedicating many hours to improve services for the future needs of citizens with disabilities; and 10-744 12/01/10 WHEREAS, for many years, Ms. Briggs advocated tirelessly at the state and local levels on behalf of individuals with intellectual disabilities, personally lobbying and meeting with state and local elected officials to reduce barriers and to improve access to services; and WHEREAS, Ms. Briggs is a staunch advocate for the American Disabilities Act, working with numerous agencies and businesses to improve physical accessibility throughout the community; and WHEREAS, because of her considerable skills, Ms. Briggs has generously contributed to the research and development of provisions for the continuum of services for individuals with intellectual disabilities; and WHEREAS, Ms. Briggs is recognized throughout Chesterfield County and the Commonwealth of Virginia for her steadfast dedication and genuine concern for all persons with disabilities. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 1st day of December 2010, hereby expresses its sincere appreciation to Ms. Nancy B. Briggs for her many years of commitment and significant contributions in the provision of quality mental health, intellectual disability, and substance abuse services to the citizens of Chesterfield County. AND, BE IT FURTHER RESOLVED that a copy of this resolution be presented to Ms. Briggs, and that this resolution be permanently recorded among the papers of the Board of Supervisors of Chesterfield County, Virginia. Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. Ms. Jaeckle presented the executed resolution to Ms. Briggs and expressed appreciation for her dedication and commitment. Ms. Briggs expressed appreciation to everyone she has worked with over the years. 5.B. RECOGNIZING MR. ERIC C. "RICKY" MILLER, ENVIRONMENTAL ENGINEERING DEPARTMENT, UPON HIS RETIREMENT Mr. McElfish introduced Mr. Eric C. Miller, who was present to receive the resolution. On motion of Mr. Holland, seconded by Ms. Durfee, the Board adopted the following resolution: WHEREAS, Mr. Eric C. "Ricky" Miller will retire from employment with Chesterfield County on December 1, 2010, after providing over 34 years of dedicated and faithful service; and WHEREAS, Mr. Miller began his career with the county on February 1, 1976, as a maintenance worker in the Environmental Engineering Department; and 10-745 J J J 12/01/10 WHEREAS, in recognition of his dedication, skills and exceptional job performance, Mr. Miller was promoted to Principal Maintenance Worker in 2000; and WHEREAS, Mr. Miller was a member of the road clearing team, keeping county roads and facilities open and operational during Hurricane Isabel in 2003, working long hours until the infrastructure was functional again; and WHEREAS, Mr. Miller was a significant part of county efforts to restore infrastructure damaged or destroyed by Tropical Storm Gaston in. 2004; and WHEREAS, Mr. Miller was a member of the county snow- removal team for 20 years, reporting to work under the worst possible conditions to ensure county roads and facilities remained accessible and functional during, and after, snow events; and WHEREAS, as a member of the emergency road-clearing crew, Mr. Miller ensured that county roads remained passable during tornado and ice storm events; and WHEREAS, Mr. Miller has exhibited pride and quality in the work he has performed in the Drainage Division of the Environmental Engineering Department; and WHEREAS, Mr. Miller performed all his duties with due diligence and dedication and has provided excellent customer service to the citizens of Chesterfield County, having received several certificates and recognitions for that service. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 1St day of December 2010, publicly recognizes Mr. Eric C. "Ricky" Miller and extends appreciation for his dedicated service to the county, congratulations upon his retirement, and best wishes for a long and happy retirement. AND, BE IT FURTHER RESOLVED that a copy of this resolution be presented to Mr. Miller, 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 Mr. Miller and expressed appreciation for his dedication to the county. Mr. Stegmaier expressed appreciation to Mr. Miller and presented him with an acrylic statue and watch. 10-746 12/01/10 8.C.5. ADOPTION OF RESOLUTION RECOGNIZING MR. H. RUSSELL HARRIS, OMBUDSMAN/MANAGER OF COMMUNITY DEVELOPMENT SERVICES FOR COMMUNITY DEVELOPMENT, UPON HIS RETIREMENT Mr. Dupler introduced Mr. H. Russell Harris, who was present to receive the resolution. On motion of Mr. Holland, seconded by Ms. Durfee, the Board adopted the following resolution: WHEREAS, Mr. H. Russell Harris joined Chesterfield County in 1993, as Ombudsman assisting the Deputy County Administrator for Community Development, and served for three years as Interim Director of the Real Estate Assessments Department, and also served as Interim Director of the Community Development Block Grant Office for nine months; and WHEREAS, Mr. Harris conducted hundreds of mediations, negotiations and facilitations with homeowners, homebuilders and manufacturers to resolve home construction problems and disagreements; and WHEREAS, Mr. Harris led the Rayon Park Sewer Revitalization Project creating cooperative relationships with the Department of Environmental Quality, Environmental Protection Agency, Defense Supply Center,. Chesterfield Health, Utility and Environmental Engineering Departments, County Attorney, Rayon Park and Bensley Civic Associations and Congressman Forbes' office; and WHEREAS, Mr. Harris created a Coalition of county agencies and faith-based and non-profit organizations to provide assistance for residents of Americana Park South who were impacted by the sale of the mobile home park and worked jointly with the Jefferson Davis Business and Residential Association to form an assistance network for residents of the park prior to its closing; and WHEREAS, Mr. Harris directed the county's Citizen Assistance Program to help guide and assist homeowners impacted by shrink-swell soil, and this program provided assistance, advice and guidance to hundreds of homeowners; and WHEREAS, Mr. Harris mediated and facilitated the resolution of numerous citizens' complaints concerning issues with neighbors, developers, railroad, postal, gas, cable and electrical services, as well as numerous county departments; and WHEREAS, Mr. Harris led the cooperative effort to address citizens concerns regarding the large number of group homes in Chesterfield County, responded to neighborhood complaints, negotiated with state agencies and educated legislators; and WHEREAS, Mr. Harris also led the facilitation of the "Confederate Heritage Dialogues" through a series of emotional meetings to understand "if pride could speak in a voice that honors pain," and these dialogues won the 2001 Virginia Municipal League President's Award and helped to create an ongoing resolution to the divisive issue within the county; and J J J 10-747 12/01/10 WHEREAS, Mr. Harris served on numerous boards, including the Richmond Metropolitan Habitat for Humanities, Better Business Bureau, Better Business Bureau Foundation, Virginia Chapter Association for Conflict Resolution, Chesterfield County Historical Society, Richmond Dispute Resolution Center, Chesterfield Employees Federal Credit Union Board and co-chaired the County's 250th celebration; and WHEREAS, Mr. Harris currently serves as staff to the Multicultural Advisory Commission and the Chesterfield Citizen Committee for Coordinating Animal Welfare. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 1St day of December 2010, publicly recognizes Mr. H. Russell Harris for his 17 years of distinguished service to Chesterfield County, and extends sincere best wishes for a long, healthy and happy retirement. AND, BE IT FURTHER RESOLVED that a copy of this resolution be presented to Mr. Harris 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 Mr. Harris and expressed appreciation for his commitment and dedication. Mr. Stegmaier expressed appreciation to Mr. Harris for his dedication to the county and his willingness to go above and beyond for the citizens. Mr. Harris expressed appreciation to all the county employees he has worked with throughout the years. 6. WORK SESSIONS There were no Work Sessions scheduled at this time. 7. DEFERRED ITEMS 7.A. CONSIDERATION OF REVISED COUNTY STREETLIGHT POLICY Mr. Dupler stated staff has worked diligently on the deferred item to address Board members' concerns and restructure the policy. He further stated the county does have a means to pay for electricity of similar streetlights. Ms. Durfee expressed appreciation to staff for taking extra time on producing new language within the policy. Mr. Holland expressed appreciation to staff for their hard work on the revision regarding cost containment. On motion of Ms. Durfee, seconded by Mr. Holland, the Board adopted the revised streetlight policy. (It is noted a copy of the adopted streetlight policy is filed with the papers of the Board.) 10-748 12/01/10 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. Dupler stated in the interim staff has met with the developer and the developer is investigating other alternatives to function adequately. He stated no action is necessary at this time. There was no action taken. 7.C. CONSIDERATION OF AN ORDINANCE AMENDMENT RELATING TO ATTACHED FAMILY DWELLING UNITS Ms. Beverly Rogers stated this item was deferred and staff was asked to address questions, which had been raised at the Board's public hearing. She further stated this amendment was initiated by staff due to concerns about the potential impact of the state mandated amendment allowing temporary health care units in residential districts. She stated an amendment is proposed to allow, under certain circumstances, a two- family dwelling unit, or "an attached family dwelling" in Residential and Agricultural districts as an alternative to the temporary units. In response to Ms. Durfee's question, Ms. Rogers stated currently, if a family member wanted to add on a second dwelling unit, they would have to apply for a Conditional Use. She further stated staff is proposing an administrative process to accommodate these types of units, and the Conditional Use process will continue to be available for those people who do not meet the criteria. In response to Mr. Holland's question, Ms. Rogers stated if someone wishes to have a two-family dwelling unit to facilitate the care of a family member, a Conditional Use must be obtained and the application fee is $1,000. She further stated a one-time $100 administrative fee is being proposed. In response to Mr. Gecker's question, Ms. Rogers stated when a .family member no longer needs care, the unit can then be occupied by immediate family members of the property owner or the property owner could ask for a Conditional Use permit or could remove part of the kitchen, for example. She further stated this is similar to what would occur if a Conditional Use is granted to a specific person specially, once that person no longer owns the property, either the second unit has to be removed or the next owner has to acquire a Conditional Use permit. In response to Ms. Durfee's question, Ms. Rogers stated the property owner would pay a fee of $100 for an initial permit, then each year that person has to come back to the Planning Department and certify whether or not the family member is still in need of care or who is residing in that unit. She stated this gives the Planning Department the right of entry, 10-749 J J J 12/01/10 a yearly review and allows better enforcement to ensure the right person resides in the unit per the ordinance. In response to Ms. Jaeckle's question, Ms. Rogers stated the Board traditionally grants similar Conditional Uses, and this amendment would allow those permits to be granted administratively. In response to Mr. Gecker's question, Ms. Rogers stated standard Conditional Use conditions require recordation of deed restrictions and unit occupancy to related individuals, guests, and domestic employees of the property owner. She further stated within the last two years there have been a few Conditional Use cases for attached family dwelling units brought before the Board. She stated the proposed restrictions are similar to those for the temporary health care unit so there would be some consistency. She further stated through the permit process, the homeowner provides permission for a Planning Department representative to inspect the attached family dwelling unit. Mr. Mincks stated when there is a temporary permit issued, there is an ability to access at a reasonably, convenient time. He further stated if the homeowner denies the request to enter, a warrant would be obtained to allow access, or the permit would be revoked or enforcement action could take place. Mr. Gecker expressed concerns regarding government intervention in people's private lives. Ms. Jaeckle stated the amendment would create more problems rather than solve the initial one. In response to Ms. Durfee's question, Ms. Rogers stated this particular ordinance was not mandated by the General Assembly. Ms. Durfee expressed concerns regarding problems that may arise and how to avoid problems associated with neglecting the dwellings' intended use. In response to Mr. Gecker's question regarding the 500 gross square footage maximum, Ms. Rogers stated the purpose of the square footage is to ensure that the use remains secondary to the primary use of the property. In response to Mr. warren's question, Ms. Rogers stated citizens would not have input in the issuance of a permit. Mr. Warren expressed concerns regarding the absence of citizen input for an attached family dwelling unit permit as they do through the Conditional Use process. Ms. Jaeckle stated she would like to see the item voted on, not deferred. Mr. Holland reiterated Mr. Warren's comment regarding citizen input. Ms. Durfee stated she believes the Board needs more time to discuss the proposal with the Planning Department. 10-750 12/01/10 Ms. Durfee made a motion, seconded by Mr. Holland, for the Board to defer the ordinance amendment relating to attached family dwelling units. Mr. Turner stated staff proposed this amendment to address housing needs. He suggested that the Board may wish to table this amendment pending the adoption of the new Comprehensive Plan and then reconsider this concept. Mr. Gecker expressed appreciation to Mr. Turner and staff for bringing forth cutting-edge ideas. Mr. Gecker called for a vote on the motion of Ms. Durfee, seconded by Mr. Holland, for the Board to defer the ordinance amendment relating to attached family dwelling units for 60 days. Ayes: Holland, Warren, and Durfee. Nays: Gecker and Jaeckle. 8. NEW BUSINESS 8.A. APPOINTMENTS On motion of Mr. Holland, seconded by Ms. Durfee, the Board suspended its rules to allow simultaneous nomination/appointment/reappointment of members to serve on various committees. Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. 8.A.1. MULTICULTURAL ADVISORY COMMISSION On motion of Mr. Holland, seconded by Ms. Durfee, the Board simultaneously nominated/appointed Mr. Antonio Bedford, Mr. M. Imad Damaj, and Ms. Tiff any Taylor-Minor as members to the Chesterfield County Multicultural Advisory Commission, whose terms are effective December 1, 2010, and will expire November 30, 2012. Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. 8.B. STREETLIGHT INSTALLATION COST APPROVAL Mr. Dupler stated this item is for approval of a streetlight installation in the Eagle Cove subdivision in the Matoaca Magisterial District. He further stated the streetlight is in the vicinity of a transformer at 9113 Oak River Drive. He stated it does not meet the minimum criteria for intersections or vehicles per day and does not comply with the new streetlight policy. Ms. Durfee made a motion, seconded by Mr. Holland, for the Board to defer Item 8.B. for 30 days. Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. 10-751 J J J 12/01/10 8.C. CONSENT ITEMS 8.C.1. TRANSFER OF COMMUNITY DEVELOPMENT BLOCK GRANT RECOVERY FUNDS AND COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS TO THE CHESTERWOOD DRAINAGE PROJECT On motion of Mr. Holland, seconded by Ms. Jaeckle, the Board approved the transfer of up to $85,000 in the CDBG-R funds and up to $57,140 from the Laurel Road Drainage Project (2010-2011 allocation) to the Chesterwood Drainage Project. Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. 8.C.2. SET DATES FOR PUBLIC HEARINGS 8.C.2.a. TO CONSIDER THE TAX EXEMPTION REQUEST OF RICHMOND BATTLEFIELDS ASSOCIATION, INCORPORATED On motion of Mr. Holland, seconded by Ms. Jaeckle, the Board set December 15, 2010 as the date for a public hearing to consider the tax exemption request of Richmond Battlefields Association, Incorporated. Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. 8.C.2.b. TO CONSIDER AMENDING SECTION 6-15 (E) OF THE COUNTY CODE RELATING TO THE REQUIREMENTS FOR THE ISSUANCE OF BUSINESS LICENSES On motion of Mr. Holland, seconded by Ms. Jaeckle, the Board set January 12,2011 as the date for a public hearing to consider amending Section 6-15 (e) of the County Code relating to the requirements for the issuance of business licenses. Ayes: Gecker, Holland, Jaeckle, Warren, Durfee. Nays: None. 8.C.3. REQUESTS FOR PERMISSION 8.C.3.a. FROM JOHN K. MCEWEN FOR AN EXCEPTION TO THE USE OF PUBLIC WATER FOR A PROPOSED RESIDENTIAL STRUCTURE LOCATED ON HALLOWAY AVENUE On motion of Mr. Holland, seconded by Ms. Jaeckle, the Board approved a request from John K. McEwen for permission for an exception to the use of public water for a proposed residential structure located AT 20800 Halloway Avenue. (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.C.3.b. FROM GREGORY L. SHUMATE AND DONNA M.SHUMATE FOR AN EXCEPTION TO THE USE OF PUBLIC WATER FOR A PROPOSED RESIDENTIAL STRUCTURE LOCATED ON YOUNG MANOR DRIVE 10-752 12/01/10 On motion of Mr. Holland, seconded by Ms. Jaeckle, the Board approved a request from Gregory L. Shumate and Donna M. Shumate for permission for an exception to the use of public water for a proposed residential structure located at 12008 Young Manor Drive. (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.C.3.c. FROM DONALD E. BLOM AND SHARON L. BLOM TO CONSTRUCT A BOAT DOCK ON SWIFT CREEK RESERVOIR On motion of Mr. Holland, seconded by Ms. Jaeckle, the Board approved a request from Donald E. Blom and Sharon L. Blom for permission to construct a boat dock on Swift Creek Reservoir. (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.C.3.d. FROM STEPHEN J. CHIOCCA AND SALLY D. CHIOCCA TO CONSTRUCT A BOAT DOCK ON SWIFT CREEK RESERVOIR On motion of Mr. Holland, seconded by Ms. Jaeckle, the Board approved a request from Stephen J. Chiocca and Sally D. Chiocca for permission to construct a boat dock on Swift Creek Reservoir. (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.C.4. DESIGNATION OF A VIRGINIA DEPARTMENT OF TRANSPORTATION SLOPE AND DRAINAGE EASEMENT ALONG IRON BRIDGE ROAD On motion of Mr. Holland, seconded by Ms. Jaeckle, the Board designated a Virginia Department of Transportation slope and drainage easement along Iron Bridge Road and authorized the County Administrator to execute the declaration. Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. 8.C.6. APPROVAL OF DESIGN, AUTHORIZATION TO PROCEED WITH RIGHT-OF-WAY ACQUISITION, AUTHORIZATION TO ENTER INTO AGREEMENTS, APPROPRIATION OF ROAD CASH PROFFER FUNDS, AND AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT FOR THE NEWBYS BRIDGE ROAD REALIGNMENT AND TURN LANES AT JACOBS ROAD PROJECT On motion of Mr. Holland, seconded by Ms. Jaeckle, the Board approved the design for the Newbys Bridge Road Realignment and Turn Lanes at Jacobs Road Project; authorized staff to J J J 10-753 12/01/10 proceed with right-of-way acquisition, including the advertisement of an eminent domain public hearing, if necessary, to acquire the right-of-way; authorized the Chairman of the Board and County Administrator to execute easement agreements for relocation of utilities; appropriated an additional $813,000 in road cash proffers from Traffic Shed 7; authorized the County Administrator to enter into the customary VDOT and environmental permits/mitigation agreements; and authorized the award of a construction contract, up to $650,000, to the lowest responsive and responsible bidder. Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. 9. REPORTS 9.A. REPORT ON DEVELOPER WATER AND SEWER CONTRACTS 9.B. REPORT ON STATUS OF GENERAL FUND BALANCE, RESERVE FOR FUTURE CAPITAL PROJECTS, DISTRICT IMPROVEMENT FUNDS AND LEASE PURCHASES 9.C. REPORT ON ROADS ACCEPTED INTO THE STATE SECONDARY SYSTEM On motion of Mr. Holland, seconded by Ms. Jaeckle, the Board accepted the following reports: A Report of Developer Water and Sewer Contracts; and 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: ADDITION BRIARCLIFF SECTION 5 (Effective 10/28/2010) Pullbrooke Circle (Route 7510) - From Pullbrooke Drive (Route 3059) to Cul-de-sac 0.07 Mi. Pullbrooke Court (Route 7509) - From Pullbrooke Drive (Route 3059) to Cul-de-sac 0.04 Mi. Pullbrooke Drive (Route 3059) - From Pullbrooke Court (Route 7509) to Cul-de-sac 0.10 Mi. Pullbrooke Drive (Route 3059) - From 0.12 miles east of Marblethorpe Road (Route 1848) to Pullbrooke Court (Route 7509) 0.07 Mi. ABANDONMENT CORNERSTONE BOULEVARD ABANDONMENT (Effective 10/27/2010) Cornerstone Boulevard (Route 2351) - From Route LENGTH 10-754 12/01/10 643 to 0.10 miles east -0.10 Mi. ADDITION LENGTH COURTYARD ROAD AMENDED (Effective 10/18/2010) Courtyard Road (Route 5811) - From Ironbridge Road (Route 10) to 0.20 miles west of Ironbridge Road (Route 10) 0.20 Mi. 10. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED MATTERS Ms. Mary Linda Mann expressed concerns relative to a crime cover-up and alleged corruption. 11. 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 Ms. Jaeckle, the Board went into closed session 1) pursuant to Section 2.2- 3711(A)(1), Code of Virginia, 1950, as amended, relating to the performance of a specific 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. Reconvening: On motion of Ms. Durfee, seconded by Ms. Jaeckle, 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 business matters were identified in the Motion by which the Closed Session was convened were heard, discusses, or considered by the Board. No member dissents from this certification. The Board being polled, the vote was as follows: 10-755 J J J 12/01/10 Ms . Durfee : Aye . Ms. Jaeckle: Aye. Mr. Warren: Aye. Mr. Holland: Aye. Mr. Gecker: Aye. 12. DINNER On motion of Ms. Durfee, seconded by Ms. Jaeckle, the Board recessed to Room 303, for a dinner meeting with the Social Services Board. Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. Reconvening: Mr. Gecker expressed appreciation to the members of the Social Services Board for attending the dinner meeting. Ms. Snead introduced Ms. Liz Welchons-Petrigala, Chairman of the Social Services Board, who recognized members of the Social Services Board and introduced Ms. Sharpe, Director of Social Services, to make the presentation. Ms. Sharpe stated the mission of the Social Services Department was to provide advocacy and excellent services that encourage self-sufficiency; preserve and restore families; and protect the well-being of children, senior citizens and people with disabilities. She reviewed the key aspects of the department, which includes Adult Services, Child Protective Services and Permanency Services (Foster Care and Adoption). She noted that the Supplemental Nutrition Assistance Program (SNAP), Temporary Assistance for Needy Families (TANF) and Medicaid cases under care have increased in recent years. She stated the accomplishments in FY2010 include Earned Income Tax Credit Service (EITC) - free tax preparation for 198 citizens resulting in total federal refunds of $350,900; 902 children received backpacks and school supplies through Tools for Schools Program; volunteers worked a total of 3,550 hours; and the department received the 2010 National Hunger Champion Award for outreach to citizens in need of food. She reviewed the department challenges regarding the still sluggish economy that continues to create an increasing demand for financial assistance; the resulting increasing caseloads creating longer wait times and adding to stress of customers and employees; concerns about ability to maintain quality assurance and compliance due to higher caseloads; and space constraints in the Smith-Wagner building have created inefficiencies. She concluded by expressing appreciation to the Board of Supervisors for approving the employee recognition payment. In response to Ms. Durfee's question regarding the revenue received from FY2005-2011, Ms. Sharpe stated there were limited administrative fund increases and further SNAP is funded by the federal government. Ms. Jaeckle expressed concerns for space constraints in the Smith-Wagner building and suggested a document imaging system may be more efficient than the current paper file system. She 10-756 12/01/10 further expressed appreciation to the Social Services Board for hiring Marsha Sharpe as the new Social Services Director. There was a brief discussion relative to the recent Quality Service Review of Child Welfare programs. The department volunteered to serve as a pilot agency for this new process in which state Social Services reviews casework practice rather than policy compliance. Findings were favorable and staff found this to be an excellent learning experience. Mr. Holland expressed appreciation to staff and the Social Services Board for their dedication. In response to Mr. Holland's question, Ms. Sharpe stated there are services available to incarcerated individuals. Mr. Gecker expressed appreciation for the informative presentation of Social Services. He stated consistent service and internal management is very important. He further stated the employee base is top-notch. It was generally agreed by the Board of Supervisors to recess to the Public Meeting Room for the evening session. Reconvening: 13. INVOCATION Mr. Holland gave the invocation. 14. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Mr. Daren Gardner led the Pledge of Allegiance to the flag of the United States of America. 15. RESOLUTIONS 15.A. RECOGNIZING MR. DAREN GARDNER FOR HIS PATRIOTISM AND CIVIC SPIRIT Mr. Kappel introduced Mr. Daren Gardner, who was present to receive the resolution. On motion of Mr. Warren, seconded by Mr. Holland, the Board adopted the following resolution: WHEREAS, Chesterfield County,. Virginia, prides itself on being a locality known for transparency in its operations and its efforts to give residents a voice in their local government; and WHEREAS, the county holds regular, well-publicized public meetings and provides numerous opportunities for public comment; and WHEREAS, a frequent speaker at Board of Supervisors meetings is Mr. Daren Gardner, a Chesterfield County resident; and J J J 10-757 12/01/10 WHEREAS, Mr. Gardner is a family man and small-business owner; and WHEREAS, he is committed to upholding and defending the principles outlined in the United States Constitution; and WHEREAS, Mr. Gardner, who has been called "Paul Revere on a Motorcycle," completed a 15,600 mile journey to 48 states to urge people to stand up for and defend the Constitution; and WHEREAS, Mr. Gardner's journey began on August 15, 2010, and ended on October 30, 2010; and WHEREAS, Mr. Gardner's patriotism and willingness to leave his family and his business for such a protracted journey in order to spread the word about the special nature and importance of the U.S. Constitution deserve appropriate recognition. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 1st day of December 2010, publicly recognizes the patriotism, citizenship and civic spirit of Mr. Daren Gardner, commends him for his extraordinary efforts to encourage others to stand up for the principles outlined in the U.S. Constitution, and is proud to have him as a resident of Chesterfield County. AND, BE IT FURTHER RESOLVED that a copy of this resolution be presented to Mr. Gardner, and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Ayes: Gecker, Holland, Jaeckle, Warren and Durfee. Nays: None. Mr. warren presented the executed resolution to Mr. Gardner and expressed appreciation for his American spirit and dedication. Mr. Gardner expressed extreme gratitude to the Board for the honor and presented his Resolution for America. He also recognized family members and friends in the audience and thanked them for their support. 15.B. RECOGNIZING MS. DANA WILSON AS A MATHMOVESU MATH HERO AWARD WINNER Mr. Kappel introduced Ms. Dana Wilson, who was present to receive the resolution. On motion of Mr. Holland, seconded by Ms. Durfee, the Board adopted the following resolution: WHEREAS, many educators, statesmen, industry leaders and others have commented on the need for U.S. schools to turn out students who can compete in world markets based on solid math and science skills; and WHEREAS, a key to success in this endeavor is capturing the imagination of students early and demonstrating to them 10-758 12/01/10 the connection between mathematics and their interests and careers they consider appealing; and WHEREAS, the Raytheon Company's MathMovesU Math Hero Award program provides teachers, and thereby their schools, with grants for classroom technologies used to teach math; and WHEREAS, Ms. Dana Wilson, an eighth-grade math teacher at Manchester Middle School, has been named a recipient of the MathMovesU Math Hero Award; and WHEREAS, Ms. Wilson received a $2,500 grant, which was used to purchase Active Slate presentation technology for Manchester Middle School; and WHEREAS, Ms. Wilson's accomplishment demonstrates her exceptional commitment to fostering her students' interest in math; and WHEREAS, students at Manchester Middle School will benefit from this new technology for years to come; and WHEREAS, it is appropriate to recognize Ms. Wilson's accomplishment and professionalism. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 1St day of December 2010, publicly recognizes the exemplary achievements of Ms. Dana Wilson, congratulates her on this special recognition from the Raytheon Company, and is proud to have her as a teacher in Chesterfield County Public Schools. AND, BE IT FURTHER RESOLVED that a copy of this resolution be presented to Ms. Wilson, and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Ayes: Gecker, Holland, Jaeckle, Warren and Durfee. Nays: .None. Mr. warren presented the executed resolution to Ms. Wilson and commended her on her accomplishment. Ms. Wilson expressed appreciation to the Board, her co- workers, students and to her family. 16. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED MATTERS Mr. R. M. "Dickie" King, Jr., Vice-Chairman of Henricus Foundation Board of Directors, Mr. John Siddall, Chairman of Henricus Foundation Board of Directors, and Mr. John Pagano, Henricus Historical Interpreter/Educator addressed the Board regarding the importance of preserving Henricus. Ms. Jaeckle expressed appreciation to the Henricus Foundation Board for their passion to preserve Henricus. 17. PUBLIC HEARINGS 10-759 J J J 12/01/10 17.A. TO CONSIDER THE CONVEYANCE OF ABANDONED RIGHT OF WAY FOR CORNERSTONE BOULEVARD Mr. Dupler stated this date and time has been advertised for a public hearing for the Board to consider the conveyance of abandoned right of way for Cornerstone Boulevard. Mr. Decker called for public comment. There being no one to speak to the request, the public hearing was closed. On motion of Mr. Holland, seconded by Ms. Durfee, the Board approved the conveyance of abandoned right of way for Cornerstone Boulevard. Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. 18. MATTERS FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED Mr. Bob Olsen addressed the Board regarding a proposed policy change for conditional use proffered electronic sign requirements. Mr. Decker expressed appreciation to Mr. Gardner for getting people involved in his mission and upholding the principles of the Constitution. Ms. Jaeckle expressed appreciation for Mr. Gardner's commitment and dedication. Mr. Holland expressed appreciation to Mr. Gardner for sharing his journey. 19. ADJOURNMENT On motion of Mr. Holland, seconded by Ms. Durfee, the Board adjourned at 7:09 p.m. until December 15, 2010 at 3:00 p.m. Ayes: Decker, Holland, Jaeckle, Warren and Durfee. Nays: None. J mes .L. Stegm er ounty dministrator Daniel A. Decker Chairman 10-760 12/01/10 J J J