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2010-12-15 MinutesBOARD OF SUPERVISORS MINUTES December 15, 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 Ms. Patsy Brown, Dir., Accounting Mr. Kevin Bruny, Chief Learning Officer Ms. Debbie Burcham, Exec. Dir., Community Services Board Mr. Joe Campbell, Dir., Juvenile Detention .Home Mr. Allan Carmody, Dir., Budget and Management Ms. Jana Carter, Dir., Juvenile Services Ms. Marilyn Cole, Asst. County Administrator Mr. Barry Condrey, Chief Information Officer Mr. Richard Cordle, Treasurer Mr. Roy Covington, Dir., Utilities Ms. Mary Ann Curtin, Dir., Intergovtl. Relations Mr. William Davenport, Commonwealth's Attorney 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 Mr. Robert Eanes, Asst. to the County Administrator Mr. Michael Golden, Dir., Parks and Recreation Mr. John W. Harmon, Real Property Manager Mr. Thomas E. Jacobson, Dir., Revitalization Dr. Parham Jaberi, Dir., Health Department Mr. Donald Kappel, Dir., Public Affairs Mr. Rob Key, Director, 10-761 12/15/10 Mark Gregory Thrash Iris Y. Wade Denise D. Waff Joyce Wells Susan Wilson Building Inspection Cooperative Extension Community Corrections Services Center for Organizati Excellence County Attorney Mr. Gecker congratulated each of the employees of the year and expressed appreciation, on behalf of the Board, for their commitment to Chesterfield County. Mr. Stegmaier presented the employees of the year with plaques recognizing them as their department's employee of the year, expressed appreciation for their dedicated service, and commended them on their outstanding accomplishments. He stated the employees of the year represent the best employees in local government. 8.C.i.e. RECOGNIZING MS. MARILYN E. COLE, ASSISTANT COUNTY ADMINISTRATOR FOR ADMINISTRATION AND GOVERNMENT RELATIONS, UPON HER RETIREMENT Mr. Stegmaier introduced Ms. Cole, who was present to receive the resolution. WHEREAS, Ms. Marilyn E. Cole joined Chesterfield County in 1992 as Executive Assistant to the County Administrator with numerous years of executive level experience in government at the local, state, and federal levels; and WHEREAS, Ms. Cole became Assistant County Administrator for Administration and Government Affairs in 1997 serving as the primary liaison to the Board of Supervisors; coordinating the day-to-day administration of the County Administrator's office; providing oversight for Legislative Affairs/,Intergovernmental Relations, Clerk to the Board's Office, Center for Organizational Excellence and staff to the Committee on the Future and James River Advisory Council; and WHEREAS, Ms. Cole has been a valuable member of the County's Leadership Team for eighteen years, coordinating meetings, retreats, minutes and follow through for critical issues that helped guide, shape and define policy issues for the county; and WHEREAS, Ms. Cole supported regional initiatives, coordinated the first regional summit for elected officials from Chesterfield, Henrico, Hanover and Richmond, developed a report that lists over 140 regional projects and has participated in numerous regional projects to benefit the greater Richmond area; and WHEREAS, Ms. Cole has served as the county's lead Special Events Coordinator, planning over 100 special meetings and programs, appreciation activities, ribbon cuttings, groundbreakings and dedication ceremonies including the Board of Supervisors Investitures, Annual State of the County Address, first State of the County from a Business Perspective, Route 288 grand opening, and the Hurricane Isabel Employee and Neighbor Helping Neighbor Recognition which received a NACo award; and ll J 10-766 12/15/10 WHEREAS,. Ms. Cole served as the liaison for staff support to provide effective coordination of sensitive and strategic issues and work activities for the Board of Supervisors, including orientation sessions, official board meetings, speeches, policies and procedures, District Improvement Funds, communications with citizens, and fostered great teamwork among staff in County Administration and in the Clerk to the Board's office; and WHEREAS, Ms. Cole has participated on various committees throughout the county and community including the county's Black History Month Celebration Committee, Employee of the Year Committee, Chesterfield County School's BRAVO Award Committee, 250th Anniversary Celebration, Chesterfield's Business Council's High Speed and Long Range Planning Committees; and WHEREAS, Ms. Cole served as a member on numerous boards and organizations including the Petersburg Area Regional Tourism (PART), Leadership Metro Richmond (LMR), Metro Richmond YMCA Board, Big Brothers Big Sisters, Inc., Richmond Metro Convention and Visitors Bureau and The Richmond Chapter of Links, Inc.; and WHEREAS, Ms. Cole serves as a National Board member for the National Forum for Black Public Administrators (NFBPA) and the treasurer for the local Central Virginia Chapter of NFBPA, chaired the organization's 2005 annual conference hosted in Richmond, Virginia for more than 1000 national and international delegates and was instrumental in raising over $320,000 for the conference; and WHEREAS, as Assistant County Administrator, Ms. Cole has played a significant role in the development of the county's Strategic Plan, provided leadership and direction for the county's quality effort and citizen and business surveys; and championed new initiatives related to customer service and the county's vision, mission, values and principles; and WHEREAS, Ms. Cole played a critical role in overseeing the Clerk to the Board's office implementation of Board Bits, a summary of board meetings for the public; Granicus, video streaming of Board meetings; and revamping the Board of Supervisors appointment process which includes an on-line application and Internet capabilities; and WHEREAS, Ms. Cole served on the lead planning team to host the National Association of Counties (NACo) Annual Conference in 2007, resulting in more than 10,000 attendees visiting the Richmond Region and has coordinated the county's participation in the NACo awards process for many years; and WHEREAS, Ms. Cole has been recognized for several achievements and accomplishments including receiving the Star Achievement Award from Chesterfield Alumnae of Delta Sigma Theta Sorority, Inc. and was a past Employee of the Year for County Administration; and WHEREAS, Ms. Cole has exemplified great leadership and commitment to make Chesterfield County government a First Choice community through embracing and promoting workplace diversity and cultural training for employees; establishing and maintaining regional partnerships; and supporting process improvement initiatives and services to county residents; and WHEREAS, fellow county employees will genuinely miss her team approach, support and contributions. 10-767 12/15/10 NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 15th day of December 2010, publicly recognizes the exemplary career achievements of Ms. Marilyn E. Cole, for her 18 years of distinguished and dedicated service to Chesterfield County, and extends sincere best wishes for a long, healthy and enjoyable retirement. AND, BE IT FURTHER RESOLVED that a copy of this resolution be presented to Ms. Cole and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. Mr. Gecker presented the executed resolution to Ms. Cole, accompanied by her husband, Board members, Mr. Stegmaier and members of the County Administration team, and expressed appreciation for her hard .work and achievements during her service with Chesterfield County. Mr. Stegmaier expressed appreciation for the outstanding support Ms. Cole provided to the county during her tenure as Assistant County Administrator. Ms. Cole expressed appreciation to her co-workers, the Board, Mr. Stegmaier and her family for their support and comradery. 6. WORK SESSIONS There were no work Sessions scheduled at this time. 7. DEFERRED ITEMS There were no Deferred Items scheduled at this time. 8. NEW BUSINESS 8.A. APPROVAL OF SUBMISSION OF THE AIRPORT MASTER PLAN PROPOSAL TO THE FEDERAL AVIATION ADMINISTRATION FOR CONSIDERATION AND APPROVAL On motion of Mr. Holland, seconded by Ms. Durfee, the Board authorized county staff to submit the proposed Airport Master Plan documents to the FAA, as recommended by Delta Airport Consultants and as adopted by the Chesterfield County Airport Advisory Board, and authorized the County Administrator to sign all necessary documents needed for FAA consideration of the proposed Master Plan. Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. J J J 10-768 12/15/10 8.B. APPOINTMENTS On motion of Ms. Jaeckle, 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.B.1. SUSTAIN OUR COMMUNITIES COMMITTEE On motion of Mr. Holland, seconded by Ms. Durfee, the Board simultaneously nominated/appointed/reappointed Mr. Cliff Bickford, Mr. Steven Brincefield, Mr. R.L. Dunn, Ms. Renae Eldred, Mr. Richard Young, Mr. Joseph M. Girone, Ms. Carolyn V. Fenner, Ms. Shannon Finger, Mr. Charles Sipos and Ms. Geraldine Taylor, as members to the Sustain Our Communities Committee, whose terms are effective January 1, 2011 and expire December 31, 2014. Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. 8.B.2. RICHMOND METROPOLITAN CONVENTION AND VISITORS BUREAU BOARD On motion of Mr. Holland, seconded by Ms. Durfee, the Board simultaneously nominated/reappointed Mr. Neil Amin as a member of the Richmond Metropolitan Convention and Visitors Bureau Board, whose term is effective January 1, 2011 and expires December 31, 2013. Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. 8.B.3. CHESTERFIELD COMMUNITY SERVICES BOARD On motion of Mr. Holland, seconded by Ms. Durfee, the Board simultaneously nominated/reappointed Mr. James G. Lumpkin, Jr., Ms. Ruth Roberts, Mr. Lorenzo Ross, Ms. Janet Stephens, and Mr. Jack Stewart as members of the Chesterfield Community Services Board, whose terms are effective January 1, 2011 and expire December 31, 2013. Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. 8.B.4. VIRGINIA'S GATEWAY REGION BOARD On motion of Mr. Holland, seconded by Ms. Durfee, the Board simultaneously nominated/reappointed Mr. Gary Thomson and Ms. Dorothy Jaeckle, as members of the Virginia's Gateway Region Board, whose terms are effective January 1, 2011 and expire December 31, 2011. Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. 10-769 12/15/10 8.C. CONSENT ITEMS 8.C.1. ADOPTION OF RESOLUTIONS 8.C.l.a. SUPPORTING THE VIRGINIA DEPARTMENT OF TRANSPORTATION'S DESIGN OF THE COURTHOUSE ROAD AT ROUTE 360 DUAL-RIGHT TURN LANE PROJECT On motion of Ms. Jaeckle, seconded by Ms. Durfee, the Board adopted the following resolution: WHEREAS, southbound Courthouse Road at Route 360 currently handles over 700 vehicles turning right onto Route 360 westbound, during the evening peak hour of traffic flow; and WHEREAS, significant congestion occurs on Courthouse Road at Route 360, particularly during peak travel hours, due to insufficient right turn lane accommodations; and WHEREAS, Courthouse Road should be improved to increase the capacity of the intersection and reduce traffic congestion; and WHEREAS, the Courthouse Road at Route 360 Dual-Right Turn Lane Project is included in Chesterfield County's Secondary Road Six Year Improvement plan; and WHEREAS, VDOT conducted a public hearing on the design of the Courthouse Road at Route 360 Dual-Right Turn Lane Project. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors supports VDOT's Courthouse Road at Route 360 Dual-Right Turn Lane Project design, as presented at the public hearing, with modifications necessary to allow state maintenance of the existing, private frontage road (ingress/egress easement), designated as a "Special Access Road", from its proposed connection to Old Courthouse Road to the entrance to the Manchester Volunteer Rescue Squad. AND, BE IT FURTHER RESOLVED that the Board requests VDOT to proceed with the right-of-way acquisition and construction of the project as quickly as possible. Ayes: Decker, Holland, Jaeckle, Warren, and Durfee. Nays: None. 8.C.l.b. RECOGNIZING CORPORAL PATRICK D. CROWSON, POLICEDEPARTMENT, UPON HIS RETIREMENT On motion of Ms. Jaeckle, seconded by Ms. Durfee, the Board adopted the. following resolution: WHEREAS, Corporal Patrick D. Crowson retired from the Chesterfield County Police Department on December 1, 2010, after providing over 30 years of quality service to the citizens of Chesterfield County; and 10-770 12/15/10 J J J WHEREAS, Corporal Crowson has faithfully served the county in the capacities of police officer, senior, master, career and corporal police officer; and WHEREAS, during his tenure with the Chesterfield County Police Department, Corporal Crowson has served as a field training officer, a member of the department Color Guard, traffic unit, Police Quality Council and as a school resource officer; and WHEREAS, Corporal Crowson received the Life Saving Award for administering the Heimlich maneuver to a student; and WHEREAS, Corporal Crowson was the recipient of a Unit Citation Award for his professionalism, teamwork and dedication as a school resource officer in achieving a high volume and quality of cases cleared in addition to his normal school duties; and WHEREAS, while serving as a school resource officer, Corporal Crowson was effective in teaching the Class Action Program, served as a committee member for the Olweus Bullying Prevention Program, developed and managed a Crime Solvers Club at the Swift Creek Middle School, which was very successful in encouraging students to come forward with information on cases both inside and outside of school, and was also instrumental in establishing the Cadet Law Enforcement Program at the Chesterfield County Technical Center; and WHEREAS, Corporal Crowson is recognized for his excellent communications and human relations skills, which he has utilized within the Police Department and in assisting citizens of Chesterfield County; and WHEREAS, Corporal Crowson has received numerous letters of commendation, thanks and appreciation from the citizens of Chesterfield County for service rendered; and WHEREAS, Corporal Crowson has provided the Chesterfield County Police Department with many years of loyal and dedicated service; and WHEREAS, Chesterfield County and the Board of Supervisors will miss Corporal Crowson's diligent service. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes Corporal Patrick D. Crowson, and extends on behalf of its members and the citizens of Chesterfield County, appreciation for his service to the county, congratulations upon his retirement, and best wishes for a long and happy retirement. Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. 8.C.l.c. RECOGNIZING LIEUTENANT EDWARD SHAUN GUILE, POLICE DEPARTMENT, UPON HIS RETIREMENT On motion of Ms. Jaeckle, seconded by Ms. Durfee, the Board adopted the following resolution: 10-771 12/15/10 WHEREAS, Lieutenant Edward Shaun Guice will retire from the Chesterfield County Police Department on January 1, 2011, after providing nearly 28 years of outstanding quality service to the citizens of Chesterfield County; and WHEREAS, Lieutenant Guice has faithfully served the county in the capacities of police officer, training officer, sergeant and lieutenant; and ` WHEREAS, during his tenure with the Chesterfield County Police Department, Lieutenant Guice has served as a general instructor, TAC Team Leader, member of the Police Department's Emergency Response Team, SWAT Team member, and has served diligently in the Uniform Operations Bureau, Training Division, Support Services Division and the Investigations Bureau; and WHEREAS, Lieutenant Guice earned the Meritorious Service Award for his dedicated service on the SWAT Team for 19 years, and his leadership for 8 of those years as Team Commander; and WHEREAS, Lieutenant Guice received a Chief's Commendation Award in 2006 for his critical role in the investigation and arrest of a suspect whom he discovered was in possession of castor beans, which led to the discovery of the deadly toxin ricin, and the FBI was contacted and it was subsequently discovered that the suspect was planning to use ricin in a plot to kill his wife, who was located in Florida; and WHEREAS, Lieutenant Guice received a Chief's Commendation Award for distinguishing himself as a member of the Tactical Team, while assisting the DEA Task Force in the extended surveillance and successful arrest of a suspect considered highly dangerous due to his violent past, suspected drug use and access to extremely destructive weapons; and WHEREAS, Lieutenant Guice was the recipient of a Certificate of Achievement Award for his dedicated and diligent work on the North District Police Station, where he was involved in every aspect of the project from identifying the potential structure for the location of the station to the planning, development and transformation of the building into a modern and professional facility, and the Midlothian Station was the first 24-hour, 7-day a week satellite location in the history of the Police Department; and WHEREAS, Lieutenant Guice was recognized with a Certificate of Achievement for his leadership and supervisory skills in coordinating the development of the Community Policing Office at Chesterfield Towne Center and the Community Policing Programs in the North District; and WHEREAS, Lieutenant Guice received the Mason T. Chalkley Supervisory Concern for People Award for continually demonstrating the highest degree of concern for subordinates, as well as all department personnel; and WHEREAS, Lieutenant Guice served as Supervisor of the Metropolitan Special Operations Group, requiring him to communicate with top executives of several different agencies J J J 10-772 12/15/10 with the unique challenge of investigating unusual and far- reaching cases; and WHEREAS, Lieutenant Guice made significant contributions to more than 20 police committees, councils and boards during his career, including the Quality Council, Peer Counseling Committee, New Training Academy Committee, Community Policing Committee, Metro Tactical Group, and the Isolation and Quarantine Committee; and WHEREAS, Lieutenant Guice was repeatedly commended by his superiors within the Chesterfield Police Department for his outstanding performance of duty, which led to the clearance of numerous cases, recovery of stolen property, and apprehension of criminals; and WHEREAS, Lieutenant Guice is recognized for his excellent communications and human relations skills, which he has utilized in an exemplary manner within the Police Department and in assisting citizens of Chesterfield County; and ,WHEREAS, Lieutenant Guice has received numerous letters of commendation, thanks and appreciation from the citizens of Chesterfield County for service rendered; and WHEREAS, Lieutenant Guice has provided the Chesterfield County Police Department with many years of loyal and dedicated service; and WHEREAS, Chesterfield County and the Board of Supervisors will miss Lieutenant Edward Shaun Guice's diligent service. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes Lieutenant Edward Shaun Guice, and extends on behalf of its members and the citizens of Chesterfield County, appreciation for his service to the county, congratulations upon his retirement, and best wishes for a long and happy retirement. Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. 8.C.l.d. RECOGNIZING MS. BARBARA T. SIZER, PLANNING DEPARTMENT, UPON HER RETIREMENT On motion of Ms. Jaeckle, seconded by Ms. Durfee, the Board adopted the following resolution: WHEREAS, Mrs. Barbara T. Sizer retired from the Chesterfield County Planning Department on December 14, 2010 after 27 years of dedicated service; and WHEREAS, Mrs. Sizer began her career with Chesterfield County and the Chesterfield County Planning Department on September 6, 1983, as a Graphics Illustrator; and WHEREAS, Mrs. Sizer was Supervisor and retires as a Specialist; and promoted in 1989 to Drafting Geographic Information System 10-773 12/15/10 WHEREAS, Mrs. Sizer provided quality graphic and mapping services to the Chesterfield County Board of Supervisors, Planning Commission and the Board of Zoning Appeals; and WHEREAS, Mrs. Sizer played an important role in the Planning Department's use of Geographic Information Systems, including the maintenance of critical GIS maps for zoning and subdivision cases; and WHEREAS, Mrs. Sizer helped implement numerous quality improvements to Planning Department mapping, graphics and automation processes; and WHEREAS, Mrs. Sizer was recognized by the Planning Department for six straight years of perfect attendance between 1994 and 1999; and WHEREAS, Mrs. Sizer has completed numerous Total Quality Improvement courses, including Group Dynamics, Customer Service and Effective Meeting Management. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of .Supervisors recognizes Mrs. Barbara Sizer and extends on behalf of its members and the citizens of Chesterfield County, appreciation for her service to the county, congratulations upon her retirement, and best wishes for a long and happy retirement. Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays:' None. 8.C.l.f. AUTHORIZING EXECUTION OF THE VIRGINIA WATER AND WASTEWATER AGENCY RESPONSE NETWORK MUTUAL AID AGREEMENT On motion of Ms. Jaeckle, seconded by Ms. Durfee, the Board adopted the following resolution: WHEREAS, the National Infrastructure Protection Plan and in particular the Sector Specific Plan for the Water Sector developed by the United States Environmental Protection Agency identifies the development of a Water and Wastewater Agency Response Network in each State as an important means of helping to ensure resilient water and wastewater infrastructure in the public interest; and WHEREAS, in furtherance of such national Water Sector plan, Virginia's longstanding, nationally-recognized professional associations known as the Virginia Section of the American Water Works Association ("VA AWWA") and the Virginia Water Environment Association ("VWEA") have jointly formed the Virginia Water and Wastewater Agency Response Network ("VA WARN") Committee to develop the EPA-recommended network and associated procedures for implementation in Virginia; and WHEREAS, the VA WARN Committee has developed the attached form of a VA WARN Mutual Aid Agreement for use by public and private Water Sector utilities for purposes of requesting assistance and responding to such requests as well as a related form of an Event Agreement for providing J J J 10-774 12/15/10 assistance of a defined scope on defined terms and conditions; and WHEREAS, this VA WARN Mutual Aid Agreement is intended to supplement and integrate with the Statewide Mutual Aid Program administered by the Virginia Department of Emergency Management, with the Emergency Management Assistance Compact, and with other mutual aid agreements of local, intrastate and interstate scope; and WHEREAS, Chesterfield County owns or operates water and wastewater facilities, is responsible for public water supply or wastewater management in the Commonwealth of Virginia, and is therefore eligible to participate in VA WARN and the VA WARN Mutual Aid Agreement. NOW, THEREFORE, BE IT RESOLVED by the Chesterfield County Board of Supervisors, that the County Administrator is hereby authorized to execute the VA WARN Mutual Aid Agreement, which is hereby approved. Adopted by the Chesterfield County Board of Supervisors this 15th day of December 2010. And, further, the Board authorized the County Administrator to execute all necessary documents associated with the mutual aid agreement. (It is noted a copy of the mutual aid agreement is filed with the papers of this Board.) Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. 8.C.2. APPROVAL OF AMENDMENT TO THE CONTRACT WITH MOSELEY ARCHITECTS FOR THE DESIGN AND CONSTRUCTION ADMINISTRATION SERVICES FOR THE ETTRICK-MATOACA LIBRARY RENOVATION PROJECT On motion of Ms. Jaeckle, seconded by Ms. Durfee, the Board authorized the County Administrator to execute an amendment to the contract with Moseley Architects in the amount of $335,821 to perform the design and construction administration services for the Ettrick-Matoaca Library Renovation Project. Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. 8.C.3. SET PUBLIC HEARING DATE TO CONSIDER ADOPTION OF AN ORDINANCE ESTABLISHING A SPECIAL ASSESSMENT ON THE PROPERTY WITHIN THE CHIPPENHAM PLACE COMMUNITY DEVELOPMENT AUTHORITY (CLOVERLEAF MALL SITE) On motion of Ms. Jaeckle, seconded by Ms. Durfee, the Board set January 12, 2011 as the date for a public hearing to consider adoption of an ordinance approving a special assessment on the property within the Chippenham Place _ Community Development Authority District. Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. 10-775 12/15/10 8.C.4. STATE ROAD ACCEPTANCE On motion of Ms. Jaeckle, 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: Old Creek West Section 11 Type Change to the Secondary System of State Highways: Addition Reason for Change: New subdivision street Pursuant to Code of Virginia Statute: §33.1-229 Street Name and/or Route Number • Farmhill Lane, State Route Number 5093 From: 0.05 miles South of Dortonway Drive, (Route 2767) To: Cul-de-sac, a distance of: 0.04 miles. Recordation Reference: Pb. 168, Pg. 73 Right of Way width (feet) = 50 Ayes: Gecker, Holland, Jaeckle, Warren and Durfee. Nays: None. 8.C.5. ACCEPTANCE OF PARCELS OF LAND 8.C.5.a. FROM WILTON FAMILY INVESTMENTS, LLC On motion of Ms. Jaeckle, seconded by Ms. Durfee, the Board accepted the conveyance of three parcels of land containing a total of 6.80 acres from Wilton Family Investments, LLC, and authorized the County Administrator to execute the deed. (It is noted a copy of the plat is filed with the papers of this Board . ) Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. J J 10-776 12/15/10 8.C.5.b. FROM BON SECOURS-RICHMOND HEALTH SYSTEM On motion of Ms. Jaeckle, seconded by Ms. Durfee, the Board accepted the conveyance of a parcel of land containing 0.841 acres adjacent to Watkins Centre Parkway from Bon Secours- Richmond Health System, and authorized the County Administrator to execute the deed. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. 8.C.5.c. FROM WATKINS LAND, L.L.C. On motion of Ms. Jaeckle, seconded by Ms. Durfee, the Board accepted the conveyance of a parcel of land containing 0.839 acres adjacent to Watkins Centre Parkway from Watkins Land, L.L.C., and authorized the County Administrator to execute the deed. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. 8.C.6. APPROVAL OF THE PURCHASE AND DEDICATION OF LAND FOR THE EXPANSION OF THE JOHN J. RADCLIFFE APPOMATTOX RIVER CONSERVATION AREA On motion of Ms. Jaeckle, seconded by Ms. Durfee, the Board approved the purchase of parcels of land containing 11 acres, more or less, and accepted the dedication of 5.6 acres, more or less, from John J. Radcliffe and Peggy B. Radcliffe and James Ownley and Hope B. Ownley; approved the purchase of 0.4 acres, more or less, from John J. Radcliffe and Peggy B. Radcliffe; and authorized the County Administrator to execute the contract and deeds. Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. 8.C.7. APPROVAL OF SUBORDINATION AGREEMENT WITH COLUMBIA GAS AND THE VIRGINIA DEPARTMENT OF TRANSPORTATION On motion of Ms. Jaeckle, seconded by Ms. Durfee, the Board authorized the County Administrator to execute subordination agreements with Columbia Gas and VDOT, in substantially the form filed with the papers of the Board and acceptable to the County Attorney, for state acceptance of roads with gas line encroachments. Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. 10-777 12/15/10 8.C.8. REQUESTS FOR PERMISSION 8.C.8.a. FROM ENON, LLC FOR A TWENTY-FOOT EMERGENCY ACCESS ROAD, GATE AND FENCE TO ENCROACH WITHIN A COUNTY RIGHT OF WAY KNOWN AS DOVER STREET WITHIN HOME ACRES On motion of Ms. Jaeckle, seconded by Ms. Durfee, the Board approved a request from Enon, LLC for `permission for a twenty-foot emergency access road, gate and fence to encroach within a county right of way known as Dover Street within Home Acres, subject to the execution of a license agreement. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. 8.C.8.b. FROM TROY T. EVANS FOR A PROPOSED GRAVEL DRIVEWAY TO ENCROACH WITHIN A THIRTY-FOOT UNIMPROVED COUNTY RIGHT OF WAY OFF OF WEST HUNDRED ROAD On motion of Ms. Jaeckle, seconded by Ms. Durfee, the Board approved a request from Troy T. Evans for permission for a proposed gravel driveway to encroach within a thirty-foot unimproved county right of w_ay off of West Hundred Road, subject to the execution of a license agreement. (It is noted a copy of the plat is filed with the papers of this Board . ) Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. 8.C.8.c. FROM THE VIRGINIA FOLK MUSIC ASSOCIATION TO PLACE A PORTABLE BUILDING AT THE CHESTERFIELD COUNTY FAIRGROUNDS On motion of Ms. Jaeckle, seconded by Ms. Durfee, the Board approved a request from the Virginia Folk Music Association for permission to place a portable building at the Chesterfield County Fairgrounds, subject to the execution of a license agreement. Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. 8.C.9. APPROPRIATION OF FUNDS AND APPROVAL OF CONSTRUCTION CONTRACT FOR PARKING LOT IMPROVEMENTS AT HENRICUS HISTORICAL PARK On motion of Ms. Jaeckle, seconded by Ms. Durfee, the Board appropriated $250,000 in Henricus Foundation funds and transferred $250,000 among projects in the previously approved Parks and Recreation CIP for the construction of the parking lot improvements at Henricus Historical Park. And, further, the Board awarded a construction contract to G.L. Pruett, Inc. in the amount of $249,600.00 and authorized the County Administrator to execute the contract for construction of the parking improvements. Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. J J J 10-778 12/15/10 8.C.10. APPROVAL OF AMENDMENTS TO SCHOOL FUND APPROPRIATIONS On motion of Ms. Jaeckle, seconded by Ms. Durfee, the Board approved the following FY2011 adjustments to School Fund appropriations: 1) increased the Instruction appropriation in the School Grants fund by $645,523.60 for two new grants and increase in the actual award for the Title I grant; 2) increased the Transportation appropriation by $125,000 for the IDEA grant in the School Grants fund to accommodate the purchase of Special Education buses; and 3) increased the appropriation for the Appomattox Regional Governor's School by $13,000 from ARGS' existing fund balance. Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. 9. REPORTS 9.A. REPORT ON STATUS OF GENERAL FUND BALANCE, RESERVE FOR FUTURE CAPITAL PROJECTS, DISTRICT IMPROVEMENT FUNDS AND LEASE PURCHASES On motion of Mr. Holland, seconded by Ms. Durfee, the Board accepted the following reports: a Report on Status of General Fund Balance, Reserve for Future Capital Projects, District Improvement Funds and Lease Purchases; and Reports of Planning Commission's Substantial Accord Determination. Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. 9.B. REPORTS OF PLANNING COMMISSION'S SUBSTANTIAL ACCORD DETERMINATIONS 9.B.1. FOR T-MOBILE NORTHEAST LLC (CASE 11PD0120) TO PERMIT A COMMUNICATIONS TOWER IN A RESIDENTIAL DISTRICT 9.B.2. FOR CHESTERFIELD COUNTY SCHOOL BOARD (CASE 11PD0129) TO PERMIT CONVERSION OF A PUBLIC MIDDLE SCHOOL (PERRYMONT MIDDLE) TO A SCHOOL STAFF DEVELOPMENT .FACILITY 9.B.3. FOR NEW CINGULAR WIRELESS PCS, LLC (CASE 11PD0133) TO PERMIT A COMMUNICATIONS TOWER IN AN AGRICULTURAL DISTRICT The Board took no action on the following Reports of the Planning Commission's substantial accord determinations: 1) T-Mobile LLC (Case 11PD0120) to permit a communications tower in a residential district; 2) Chesterfield County School Board (Case 11PD0129) to permit conversion of a public middle school (Perrymont Middle) to a school staff development facility; and 3) New Cingular Wireless PCS, LLC (Case 11PD0133) to permit a communications tower in an agricultural district. -~ 10-779 12/15/10 10. MATTERS FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED Mr. Pete Stith expressed appreciation to the Board for their leadership and hard work and presented various departments with personal contributions. 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 Mr. Holland, 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 county employee; and 2) pursuant to Section 2.2-3711(A)(1) Code of Virginia, 1950, as amended, relating to the appointment of a specific county employee. Ayes: Decker, Holland, Jaeckle, Warren, and Durfee. Nays: None. Reconvening: On motion of Ms. Jaeckle, seconded by Ms. Durfee, 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: Ms. Durfee: Aye. Ms. Jaeckle: Aye. Mr. Warren: Aye. Mr. Holland: Aye. Mr. Decker: Aye. J J J 10-780 12/15/10 12. DINNER On motion of Ms. Durfee, seconded by Mr. Holland, the Board recessed to Room 303 for dinner. Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. Reconvening: 13. INVOCATION Senior Pastor Jerome Hancock, Southside Nazarene Church, gave the invocation. 14. PLEDGE OF ALLEGIANCE OF THE FLAG OF THE UNITED STATES OF AMERICA Miss Braxton Reeves, a Beulah Elementary student, led the Pledge of Allegiance to the flag of the United States of America. 15. RESOLUTIONS 15.A. RECOGNIZING THE OUTSTANDING ACCOMPLISHMENTS OF MR. PHILLIP SCRUGGS AND MR. CARLTON SMITH Mr. Kappel introduced Mr. Phillip Scruggs and Mr. Carlton Smith, who were present to receive their resolutions. On motion of Mr. Gecker, seconded by Mr. Warren, the Board adopted the following resolution: WHEREAS, Chesterfield County is a four-time winner of recognition as "One of the 100 Best Communities in America for Young People" by General Colin Powell's organization, America's Promise-the Alliance for Youth; and WHEREAS, Chesterfield County's residents consistently rate the county as an excellent place in which to raise a family; and WHEREAS, Chesterfield County Public Schools are consistently rated highly for providing what parents want for their children's education; and WHEREAS, while the county and its schools can provide such opportunities for young people to succeed, it is the personal pursuit of excellence on the part of a young person that ultimately ensures their success; and WHEREAS, Mr. Phillip G. Scruggs is the son of Barbara Moore-Scruggs and George L. Scruggs, Jr., and Mr. Carlton R. Smith is the son of Ursula and Donny Smith, and the families reside in the Midlothian Magisterial District; and WHEREAS, on November 20, 2010, Phillip and Carlton were presented to society in a Beautillion sponsored by the Professionals Reaching Out to the Community Foundation, Incorporated, a non-profit corporation of the Pi Rho Omega Chapter, Alpha Kappa Alpha Sorority, Incorporated; and 10-781 12/15/10 WHEREAS, Phillip was selected by PROC based on his status as a junior honor student at Midlothian High School; and Carlton was selected by PROC based on his status as a senior honor student at Clover Hill High School; and WHEREAS, they have achieved noteworthy accomplishments in academics, community service and extracurricular activities; and WHEREAS, Phillip and Carlton also were recommended by their teachers and community leaders. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 15th day of December 2010, publicly recognizes the exemplary achievements of Mr. Phillip G. Scruggs and Mr. Carlton R. Smith, congratulates them on this special recognition, and extends best wishes for continued academic and personal success. AND, BE IT FURTHER RESOLVED that a copy of this resolution be presented to Mr. Scruggs and Mr. Smith, 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 and Mr. Gecker presented the executed resolutions to Mr. Scruggs and Mr. Smith and commended them on their achievements. Mr. Scruggs and Mr. Smith expressed appreciation to the Board for the recognition. 15.C. RECOGNIZING MS. BRITTANY NICOLE "NIKKI" POTEET, MISS VIRGINIA USA Mr. Kappel introduced Ms. Brittany Nicole "Nikki" Poteet, who was present to receive the resolution. On motion of Mr. Holland, seconded by Ms. Durfee, the Board adopted the following resolution: WHEREAS, Ms. Brittany Nicole "Nikki" Poteet is the daughter of Dan and Alice Poteet of Chester, Virginia; and WHEREAS, Ms. Poteet graduated from Thomas Dale High School; and WHEREAS, she earned, her undergraduate degree in Biomedical Engineering from Virginia Commonwealth University; and WHEREAS, she also earned her master's degree in Mechanical and Nuclear Engineering on December 11, 2010 from Virginia Commonwealth University; and WHEREAS, Ms. Poteet was crowned Miss Virginia USA in Virginia Beach, Virginia in November 2010; and J J J 10-782 12/15/10 WHEREAS, she will represent Virginia in the Miss USA pageant in Las Vegas, Nevada in the spring of 2011; and WHEREAS, Ms. Poteet promotes the importance of science and mathematics to high school students; and WHEREAS, she is interested in researching natural forms of cancer treatment, such as dietary changes and the use of naturally occurring enzymes, such as those found in some fruit seeds; and WHEREAS, Ms. Poteet's accomplishments to date reflect highly on her, her ,family and her educational background, including Chesterfield County Public Schools; and WHEREAS, Ms. Poteet demonstrates great promise for continued personal success and contributions to the betterment of all; and WHEREAS, Chesterfield County is proud to call Ms. Brittany Nicole "Nikki" Poteet one of its own. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 15th day of December 2010, publicly recognizes the exemplary achievements of Ms. Brittany Nicole "Nikki" Poteet, congratulates her on being named Miss Virginia USA, and extends best wishes for continued success in her academic and pageant pursuits. AND, BE IT FURTHER RESOLVED that a copy of this resolution be presented to Ms. Poteet, and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. Ms. Jaeckle presented the executed resolution to Ms. Poteet and commended her on her achievements. Ms. Poteet expressed appreciation to the Board and to her family for their support. 15.D. RECOGNIZING THE ACADEMIC ACHIEVEMENT AT BEULAH ELEMENTARY SCHOOL Mr. Kappel introduced Principal Mary Jean Hunt and others from Beulah Elementary School, who were present to receive the resolution. On motion of Ms. Durfee, seconded by Mr. Warren, the Board adopted the following resolution: WHEREAS, Chesterfield County, Virginia, is a locality that is nationally recognized for its quality of life; and WHEREAS, Chesterfield County has been recognized four times as "One of the 100 Best Communities in America for Young People" by America's Promise-the Alliance for Youth; and 10-783 12/15/10 WHEREAS, a vital component of the county's commitment to its young people is its outstanding public school system; and WHEREAS, Beulah Elementary School, located in the Dale Magisterial District, has been selected as a National Title 1 Distinguished School for sustained achievement; and WHEREAS, Beulah Elementary School is° fully accredited and achieved Adequate Yearly Progress status as set forth by the U.S. Department of Education in compliance with the No Child Left Behind Act; and WHEREAS, Beulah Elementary School's students have demonstrated Standards of Learning pass rates at levels ranging from 91 to 99 percent for school years 2009-2010 and 2010-2011; and WHEREAS, a majority of the school's students come from families facing economic challenges; and WHEREAS, it is appropriate to recognize Beulah ,Elementary School's exceptional results in helping these students excel despite the challenges in their lives; and WHEREAS, Beulah Elementary School will send a delegation to the national Title 1 conference in Tampa, Florida to receive formal recognition. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 15th day of December 2010, proudly and publicly recognizes the exemplary achievements of the students, teachers and staff members of Beulah Elementary School, congratulates them on this noteworthy accomplishment, and extends best wishes to Beulah Elementary .School for continued success. AND, BE IT FURTHER RESOLVED that a copy of this resolution be presented to Beulah Elementary School, 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. Holland presented the executed resolution and a personal contribution to Ms. Hunt, accompanied by Dale District School Board representative David Wyman, faculty members, students and PTA officers from Beulah Elementary, and commended Ms. Hunt and her staff on their hard work. Ms. Hunt expressed appreciation to the Board and to Mr. Wyman for their support, and also to Mr. Holland for his contribution to the school. Mr. Wyman stated Beulah Elementary School is one of the best schools in Chesterfield County and expressed how proud he was of the Beulah Elementary team. J J J 10-784 12/15/10 16. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED MATTERS There were no requests to address the Board at this time. 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 11SN0106 In Matoaca Magisterial District, ASC Land Corporation requests amendment of zoning (Case 95SN0177) and amendment of zoning district map relative to uses, architectural treatments, hours of operation and access in a Community Business (C-3) District on 2.3 acres located in the northwest quadrant of Ashbrook and Ashlake Parkways. Density will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for office/residential mixed use and conservation/recreation use. Tax ID 720-670-7347. Mr. Turner presented a summary of Case 11SN0106 and stated Ms. Durfee is requesting that the case be remanded to the Planning Commission for further work. Mr. Brian Bowe, representing the applicant, agreed to the proposed remand. Mr. Gecker called for public comment. There being no one to address the remand request, the public hearing was closed. Ms. Durfee made a motion, seconded by Mr. Holland, for the Board to remand Case 11SN0106 to the Planning Commission. Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. 11SN0139 In Dale Magisterial District, John W. Farrell requests rezoning and amendment of zoning district map from Light Industrial (I-1) to General Industrial (I-2) on .8 acre know as 2941 Space Road. Density will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for general industrial use. Tax ID 785-692-9706. Mr. Turner presented a summary of Case 11SN0139 and stated both the Planning Commission and staff recommend approval and acceptance of the proffered conditions. Ms. Kim Kidd, owner of the property, accepted the recommendation. 10-785 12/15/10 Mr. Gecker called for public comment. There being no one to address the request, the public hearing was closed. Mr. Holland made a motion, seconded by Ms. Durfee, for the Board to approve Case 11SN0139 and accept the .following proffered conditions: 1. Uses shall be limited to uses permitted by right and with restrictions in a Light Industrial (I-1) District and a contractor's office, shop and storage yard. (P) 2. The outside storage shall be limited to the corner side yard and the rear yard of the main building. (P) Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. ~~eNniaF In Bermuda Magisterial District, James & Gail Davis/Jefferson Davis Investments LLC 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 .7 acre known as 10016 Jefferson Davis Highway. Density will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for general commercial use. Tax ID 794-666-7473. Mr. Turner presented a summary of Case 11SN0146 and stated the Planning Commission and staff recommended approval and acceptance of one proffered condition. The applicants, James and Gail Davis, accepted the recommendation. Mr. Gecker called for public comment. Mr. Bob Olsen recommended a condition be imposed to require the sign's programming to be locked to display only messages that comply with the County's policy for such signs. He also requested that this "locking" requirement be incorporated into the County's policy for these signs. There being no one else to address the request, the public hearing was closed. James and Gail Davis requested the Board's approval based on the proffered condition. In response to Ms. Jaeckle's question, Ms. Orr stated staff is reviewing language for conditions that would require the sign's programming to be "locked" in order to display only messages that comply with the County's policy and that would give the Planning Director that administrative ability through a sign permit process to alter a sign's requirements (such as for message color, timing and permitted lines of copy) if the sign would still meet the policy. She further stated when this case was brought before the Planning Commission, the applicants provided written confirmation from their sign company, stating the sign they had purchased does J J J 10-786 12/15/10 not have the ability to be locked. She stated the Planning Commission recommended approval of the case and acceptance of the proffered condition and did not impose a condition to "lock" the sign. Ms. Jaeckle stated the request meets the policy. Ms. Jaeckle then made a motion, seconded by Mr. Gecker, for the Board to approve Case 11SN0146 and accept the proffered condition. In response to Ms. Durfee's question, Ms. Orr stated .the applicant's sign does not have the capability to be locked due to the way it was manufactured. She further stated it is her understanding that the technology exists that would give manufactures the ability to lock programming for electronic message center signs. In response to Mr. Holland's question, Mr. Turner stated staff is in the process of contacting the sign vendors and manufacturers on the issue of imposing the lock feature on signs. He further stating this specific requirement is not currently in the Board's policy. Mr. Warren expressed concerns relative to the necessity for enforcement of sign violations and stated a policy change to require a locking feature for electronic message center signs should be adopted by the Board. He further stated it would not be fair to penalize the applicant, whose proposal conforms to the current policy. He stated message signs have the capability of being locked. Ms. Jaeckle stated it would be unfair to impose a "locking" conditions in this case or hold up the applicant to run this possible policy change through the planning process since their proposal conforms to all the conditions of the current policy. Mr. Gecker stated he would need more information regarding the process of locking electronic message signs and expressed concerns relative to cost effectiveness. Mr. Gecker then called for a vote on the motion of Ms. Jaeckle, seconded by Mr. Gecker, for the Board to approve Case 11SN0146 and accept the following proffered condition: In addition to Ordinance controlled, variable message, to the following standards: requirements, any computer- electronic sign shall conform a. The sign shall not be visible from property to the west and northwest which is zoned Residential (R-7). If visible, the sign shall be located a minimum of 1,000 feet from such properties; b. Copy shall be limited to a maximum of two (2) lines which shall not move, but may fade; c. The message or display shall be programmed or sequenced to change no more than once every ten (10) seconds; 10-787 12/15/10 d. The copy display color shall either be white or yellow; e. Flashing and traveling messages shall be prohibited; and f. Bijou lighting and animation effects shall be prohibited. (P) Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. Mr. Warren asked Mr. Stegmaier to look into the feasibility of software that can be programmed to meet the condition proposed by Mr. Olsen. Mr. Gecker asked Mr. Stegmaier to review the industry norm and costs associated with the ability to lock an electronic message sign. Mr. Warren requested that Mr. Stegmaier provide the Board with mechanisms that staff would use to determine on a regular basis whether signs are violating the policy. Ms. Durfee stated staff should provide preliminary information to the Board regarding the capability of electronic message signs being locked. Mr. Holland then made a motion, seconded by Mr. Warren, for the Board to direct the Planning Commission to review the proposed new policy change relative to a locking function for electronic message center signs and provide a preliminary report to the Board in regards to implementation and cost effectiveness. Ayes: Holland, Warren, and Durfee. Nays: Gecker and Jaeckle. 11SN1064 In Dale Magisterial District, Bonnie L. Nuckoles requests renewal of manufactured home permit (Case 03SR0270) to permit a temporary manufactured home in a Residential (R-7) District on .5 acre known as 6709 Old Zion Hill Road. Density of amendment is approximately 2 units per acre. The Comprehensive Plan suggests the property is appropriate for residential use of 1.0-2.5 dwelling units per acre. Tax ID 772-679-0220. Mr. Turner presented a summary of Case 11SN1064 and stated both the Planning Commission and staff recommended approval, subject to conditions. The applicant, Ms. Bonnie Nuckoles, accepted the conditions. Mr. Gecker called for public comment. There being no one to address the request, the public hearing was closed. J J J 10-788 12/15/10 Mr. Holland made a motion, seconded by Ms. Durfee, for the Board to approve Case 11SN1064, subject to the following conditions: 1. The applicant shall be the owner and occupant of the manufactured home. (P) 2. This manufactured home permit shall be granted for a period not to exceed seven (7) years from date of approval. (P) 3. No additional permanent-type living space may be added onto this manufactured home. This manufactured home shall be skirted, but shall not be placed on a permanent foundation. Ayes: Gecker, Holland, Jaeckle, warren, and Durfee. Nays: None. 18. PUBLIC HEARINGS 18.A. TO CONSIDER TAX EXEMPTION REQUESTS 18.A.1. FOR THE EPPINGTON FOUNDATION Mr. Mincks stated this date and time has been advertised for a public hearing for the Board to consider the real estate tax exemption request of the Eppington Foundation. Mr. Gecker called for public comment. Mr. Mike Golden, representing the Eppington Foundation, requested the Board's approval of the tax exemption request. There being no one else to speak to the issue, the public hearing was closed. Ms. Durfee stated she is a member of the Eppington Foundation Board, declared a conflict of interest under the Virginia Conflict of Interest Act, and excused herself from voting on this issue. On motion of Mr. Holland, seconded by Mr. Warren, the Board adopted the following ordinance designating real property of The Eppington Foundation tax exempt: AN ORDINANCE TO DESIGNATE REAL PROPERTY OWNED BY EPPINGTON FOUNDATION TO BE EXEMPT FROM PROPERTY TAXATION ~. WHEREAS, subsection 6(A)(6) of Article X of the Constitution of Virginia, on and after January 1, 2003, authorizes localities to designate as exempt from local taxation the real or personal property, or both, owned by a non-profit organization that uses such property for religious, charitable, patriotic, historical, benevolent, cultural, or public park and playground purposes; and WHEREAS, the County has received a request from the Eppington Foundation to consider granting it a tax exemption for a specific piece of real property owned by it in 10-789 12/15/10 Chesterfield County described as County Property Tax Parcel ID No. 708637953800000; and WHEREAS, in accordance with Va. Code, §58.1-3651 the Board has conducted a public hearing and considered each of the questions required to be considered before adopting an ordinance granting any such exemption; and WHEREAS, the Board has determined that the Eppington Foundation meets the requirement for the real property tax exemption that it has requested by reason of its being a non- profit organization which uses the real property for which it is requesting the exemption for historical purposes. NOW THEREFORE BE IT ORDAINED by the Board of Supervisors of Chesterfield County: 1. The Eppington Foundation is hereby designated a historical organization within the context of Section 6(A)(6) of Article X of the Constitution of Virginia. 2. The real property located in Chesterfield County owned by the Eppington Foundation and described as County Property Tax Parcel ID No. 708637953800000 is used by such organization exclusively for historical purposes on a non- profit basis as set forth in Section 1 of this ordinance and is hereby determined to be exempt from local taxation. This exemption shall be contingent on the continued use of the property in accordance with the purpose for which. the organization is designated as exempt in Section 1. 3. This real property tax exemption shall be effective as of January 1, 2011. 4. This ordinance shall not be set out in the County Code but shall be kept on file in the offices of the real estate assessor and commissioner of revenue. 5. This ordinance shall be in effect immediately upon its adoption. Ayes: Gecker, Holland, Jaeckle, and Warren. Nays: None. Abstain: Durfee. 18.A.2. FOR THE SALVATION ARMY Mr. Mincks stated this date and time has been advertised for a public hearing for the Board to consider the real estate tax exemption request of the Salvation Army. Mr. Gecker called for public comment. There .being no one to speak to the issue, the public hearing was closed. On motion of Ms. Durfee, seconded by Mr. Holland, the Board adopted the following ordinance designating real property of the Salvation Army tax exempt: AN ORDINANCE TO DESIGNATE REAL PROPERTY OWNED BY SALVATION ARMY 10-790 J J J 12/15/10 TO BE EXEMPT FROM PROPERTY TAXATION WHEREAS, subsection 6(A)(6) of Article X of the Constitution of Virginia, on and after January 1, 2003, authorizes localities to designate as exempt from local taxation the real or personal property, or both, owned by a non-profit organization that uses such property for religious, charitable, patriotic, historical, benevolent, cultural, or public park and playground purposes; and WHEREAS, the County has received a request from the Salvation Army to consider granting it a tax exemption for a specific piece of real property owned by it in Chesterfield County and described as County Property Tax Parcel ID No. 743709913800000; and WHEREAS, in accordance with Va. Code, §58.1-3651 the Board has conducted a public hearing and considered each of the questions required to be considered before adopting an ordinance granting any such exemption; and WHEREAS, the Board has determined that the Salvation Army meets the requirement for the real property tax exemption that it has requested by reason of its being a charitable and benevolent, non-profit organization which uses the real property for which it is requesting the exemption for charitable and benevolent purposes. NOW THEREFORE BE IT ORDAINED by the Board of Supervisors of Chesterfield County: 1. Salvation Army is hereby designated a charitable and benevolent, non-profit organization within the context of Section 6(A)(6) of Article X of the Constitution of Virginia. 2. The real property located in Chesterfield County owned by the Salvation Army and described as County Property Tax Parcel ID No. 743709913800000 is used by such organization exclusively for charitable and benevolent purposes on a non-profit basis as set forth in Section 1 of this ordinance and is hereby determined to be exempt from local taxation up to a maximum amount of $5,000. This exemption shall be contingent on the continued use of the property in accordance with the purpose for which the organization is designated as exempt in Section 1. 3. This real property tax exemption shall be effective as of January 1, 2011. 4. This ordinance shall not be set out in the County Code but shall be kept on file in the offices of the real estate assessor and commissioner of revenue. 5. This ordinance shall be in effect immediately upon its adoption. Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. 18.A.3. FOR GOODWILL INDUSTRIES OF CENTRAL VIRGINIA, INCORPORATED 10-791 12/15/10 Mr. Mincks stated this date and time has been advertised for a public hearing for the Board to consider the real estate tax exemption request of Goodwill Industries of Central Virginia, Inc. Mr. Gecker called for public comment. There being no one to speak to the issue, the public hearing was closed. On motion of Ms. Jaeckle, seconded by Ms. Durfee, the Board adopted the following ordinance designating real property of Goodwill Industries of Central Virginia, Incorporated tax exempt: AN ORDINANCE TO DESIGNATE REAL PROPERTY OWNED BY GOODWILL INDUSTRIES OF CENTRAL VIRGINIA, INC. TO BE EXEMPT FROM PROPERTY TAXATION WHEREAS, subsection 6(A)(6) of Article X of the Constitution of Virginia, on and after January 1, 2003, authorizes localities to designate as exempt from local taxation the real or personal property, or both, owned by a non-profit organization that uses such property for religious, charitable, patriotic, historical,. benevolent, cultural, or public park and playground purposes; and WHEREAS, the County has received a request from Goodwill Industries of Central Virginia, Inc. to consider granting it a tax exemption for a specific piece of real property owned by it in Chesterfield County and described as County Property Tax Parcel ID No. 779652666900000; and WHEREAS, in accordance with Va. Code, §58.1-3651 the Board has conducted a public hearing and considered each of the questions required to be considered before adopting an ordinance granting any such exemption; and WHEREAS, the Board has determined that Goodwill Industries of Central Virginia, Inc. meets the requirement for the real property tax exemption that it has requested by reason of its being a non-profit organization which uses the real property for which it is requesting the exemption for charitable and benevolent purposes; WHEREAS, it is the policy of the Board to limit tax exemptions for real estate to a maximum amount of $5,000. NOW THEREFORE BE IT ORDAINED by the Board of Supervisors of Chesterfield County: 1. Goodwill Industries of Central Virginia, Inc. is hereby designated a charitable and benevolent organization within the context of Section 6(A)(6) of Article X of the Constitution of Virginia. 2. The real property located in Chesterfield County owned by Goodwill Industries of Central Virginia, Inc. and described as County Property Tax Parcel ID No. 779652666900000 is used by such organization exclusively for charitable and benevolent purposes on a non-profit basis as set forth in Section 1 of this ordinance and is hereby determined to be exempt from local taxation up to a maximum J J J 10-792 12/15/10 amount of $5,000. This exemption shall be contingent on the continued use of the property in accordance with the purpose for which the organization is designated as exempt in Section 1. 3. This real property tax exemption shall be effective as of January 1, 2011. 4. This ordinance shall not be set out in the County Code but shall be kept on file in the offices of the real estate assessor and commissioner of revenue. 5. This ordinance shall be in effect immediately upon its adoption. Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. 18.A.4. FOR VSGA FOUNDATION, INCORPORATED Mr. Mincks stated this date and time has been advertised for a public hearing for the Board to consider the real estate tax exemption request of VSGA Foundation, Incorporated. Mr. Gecker called for public comment. Mr. Jeff Fleishman requested the Board's approval of the tax exemption request. Mr. Bill Barker expressed concerns relative to the criteria for considering real estate tax exemption requests. There being no one else to speak to the issue, the public hearing was closed. On motion of Mr. Holland, seconded by Mr. Warren, the Board adopted the following ordinance designating real property of VSGA Foundation, Incorporated tax exempt: AN ORDINANCE TO DESIGNATE REAL PROPERTY OWNED BY VSGA FOUNDATION, INCORPORATED TO BE EXEMPT FROM PROPERTY TAXATION WHEREAS, subsection 6(A)(6) of Article X of the Constitution of Virginia, on and after January 1, 2003, authorizes localities to designate as exempt from local taxation the real or personal property, or both, owned by a non-profit organization that uses such property for religious, charitable, patriotic, historical, benevolent, cultural, or public park and playground purposes; and WHEREAS, the County has received a request from the VSGA Foundation, Inc. to consider granting it a tax exemption for a specific piece of real property owned by it in Chesterfield County and described as County Property Tax Parcel ID No. 718719298200000; and WHEREAS, in accordance with Va. Code, §58.1-3651 the Board has conducted a public hearing and considered each of the questions required to be considered before adopting an ordinance granting any such exemption; and 10-793 12/15/10 WHEREAS, the Board has determined that the VSGA Foundation,. Inc. meets the requirement for the real property tax exemption that it has requested by reason of its being a non-profit organization which uses the real property for which it is requesting the exemption for charitable, benevolent and playground purposes. NOW THEREFORE BE IT ORDAINED by the Board of Supervisors of Chesterfield County: 1. VSGA Foundation, Inc. is hereby designated a benevolent, non-profit organization within the context of Section 6(A)(6) of Article X of the Constitution of Virginia. 2. The real property located in Chesterfield County owned by the VSGA Foundation, Inc. and described as County Property Tax Parcel ID No. 718719298200000 is used by such organization exclusively for charitable, benevolent and playground purposes on a non-profit basis as set forth in Section 1 of this ordinance and is hereby determined to be exempt from local taxation up to a maximum amount of $5,000. This exemption shall be contingent on the continued use of the property in accordance with the purpose for which the organization is designated as exempt in Section 1. 3. This real property tax exemption shall be effective as of January 1, 2011. 4. This ordinance shall not be set out in the County Code but shall be kept on file in the offices of the real estate assessor and commissioner of revenue. 5. This ordinance shall be in effect immediately upon its adoption. Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. 18.A.5. FOR RICHMOND KICKERS YOUTH SOCCER CLUB, INCORPORATED Mr. Mincks stated this date and time has been advertised for a public hearing for the Board to consider the real estate tax exemption requests of Richmond Kickers Youth Soccer Club, Inc. Mr. Gecker called for public comment. There being no one to speak to the issue, the public hearing was closed. On motion of Mr. Holland, seconded by Ms. Durfee, the Board adopted the following ordinance designating real property of Richmond Kickers Youth Soccer Club, Incorporated tax exempt: AN ORDINANCE TO DESIGNATE REAL PROPERTY OWNED BY RICHMOND KICKERS YOUTH SOCCER CLUB, INCORPORATED TO BE EXEMPT FROM PROPERTY TAXATION WHEREAS, subsection 6(A)(6) of Article X of the Constitution. of .Virginia, on and after January 1, 2003, authorizes localities to designate as exempt from local taxation the real or personal property, or both, owned by a J J 10-794 12/15/10 non-profit organization that uses such property for religious, charitable, patriotic, historical, benevolent, cultural, or public park and playground purposes; and WHEREAS, the County has received a request from the Richmond Kickers Youth Soccer Club, Inc. to consider granting it a tax exemption for four specific pieces of real property in Chesterfield County and described as County Property Tax Parcels ID Nos. 77568918400000; 775689644800000; 775689297200000; 774690750000000; and WHEREAS, in accordance with Va. Code, §58.1-3651 the Board has conducted a public hearing and considered each of the questions required to be considered before adopting an ordinance granting any such exemption; and WHEREAS, the Board has determined that the Richmond Kickers Youth Soccer Club, Inc. meets the requirement for the real property tax exemption that it has requested by reason of its being a non-profit organization which uses the real property for which it is requesting the exemption for playground purposes. NOW THEREFORE BE IT ORDAINED by the Board of Supervisors of Chesterfield County: 1. The Richmond Kickers Youth Soccer Club, Inc. is hereby designated a non-profit organization within the context of Section 6(A)(6) of Article X of the Constitution of Virginia. 2. The real property located in Chesterfield County owned by the Richmond Kickers Youth Soccer Club, Inc, and described as County Property Tax Parcels ID Nos. 775689184000.00; 775689644800000; 775689297200000; 774690750000000 is used by such organization exclusively for playground purposes on a non-profit basis as set forth in Section 1 of this ordinance and is hereby determined to be exempt from local taxation up to a maximum amount of $5,000. This exemption shall be contingent on the continued use of the property in accordance with the purpose for which the organization is designated as exempt in Section 1. 3. This real property tax exemption shall be effective as of January 1, 2011. 4. This ordinance shall not be set out in the County Code but shall be kept on file in the offices of the real estate assessor and commissioner of revenue. 5. This ordinance shall be in effect immediately upon its adoption. Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. 18.A.6. FOR THE CULTURAL CENTER OF INDIA Mr. Mincks stated this date and time has been advertised for a public hearing for the Board to consider the personal property tax exemption request of the Cultural Center of India. 10-795 12/15/10 Mr. Gecker called for public comment. There being no one to speak to the issue, the public hearing was closed. On motion of Ms. Jaeckle, seconded by Ms. Durfee, the Board adopted the following ordinance designating real property of the Cultural Center of India tax exempt: AN ORDINANCE TO DESIGNATE REAL PROPERTY OWNED BY CULTURAL CENTER OF INDIA TO BE EXEMPT FROM PROPERTY TAXATION WHEREAS, subsection 6(A)(6) of Article X of the Constitution of Virginia, on and after January 1, 2003, authorizes localities to designate as exempt from local taxation the real or personal property, or both, owned by a non-profit organization that uses such property for religious, charitable, patriotic, historical, benevolent, cultural, or public park and playground purposes; and WHEREAS, the County has received a request from the Cultural Center of India to consider granting it a tax exemption for personal property located at the CCI's cultural center, 6641 Ironbridge Parkway, Chester, Virginia 23836; and WHEREAS, in accordance with Va. Code,' §58.1-3651 the Board has conducted a public hearing and considered each of the questions required to be considered before adopting an ordinance granting any such exemption; and WHEREAS, the Board has determined that the Cultural Center of India meets the requirement for the personal property tax exemption that it has requested by reason of its being a cultural, non-profit organization which uses the personal property for which it is requesting the exemption for cultural purposes. NOW THEREFORE BE IT ORDAINED by the Board of Supervisors of Chesterfield County: 1. The Cultural Center of India is hereby designated a non-profit organization within the context of Section 6(A)(6) of Article X of the Constitution of Virginia. 2. The personal property of the Cultural. Center of India located at 6641 Ironbridge Parkway, Chester, Virginia 23836 in Chesterfield County owned by the Cultural Center of India is used by such organization exclusively for cultural purposes on a non-profit basis as set forth in Section 1 of this ordinance and is hereby determined to be exempt from local taxation. This exemption shall be contingent on the continued use of the property in accordance with the purpose for which the organization is designated as exempt in Section 1. 3. This personal property tax exemption shall be effective as of January 1, 2011. 4. This ordinance shall not be set out in the County Code but shall be kept on file in the offices of the real estate assessor and commissioner of revenue. J J J 10-796 12/15/10 5. This ordinance shall be in effect immediately upon its adoption. Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. 18.A.7. FOR RICHMOND BATTLEFIELDS ASSOCIATION, INCORPORATED Mr. Mincks stated this .date and time has been advertised for a public hearing for the Board to consider the tax exemption request of Richmond Battlefield Association, Incorporated. Mr. Gecker called for public comment. There being no one to speak to the issue, the public hearing was closed. On motion of Ms. Jaeckle, seconded by Ms. Durfee, the Board adopted the following ordinance designating real property of Richmond Battlefields Association, Incorporated tax exempt: AN ORDINANCE TO DESIGNATE REAL PROPERTY OWNED BY RICHMOND BATTLEFIELDS ASSOCIATION, INC. TO BE EXEMPT FROM PROPERTY TAXATION WHEREAS, subsection 6(A)(6) of Article X of the Constitution of Virginia, on and after January 1, 2003, authorizes localities to designate as exempt from local taxation the real or personal property, or both, owned by a non-profit organization that uses such property for religious, charitable, patriotic, historical, benevolent, cultural, or public park and playground purposes; and WHEREAS, the County has received a request from the Richmond Battlefields Association, Inc. to consider granting it a tax exemption for a specific piece of real property owned by it in Chesterfield County and described as County Property Tax Parcel ID No. 804652978500000; and WHEREAS, in accordance with Va. Code, §58.1-3651 the Board has conducted a public hearing and considered each of the questions required to be considered before adopting an ordinance granting any such exemption; and WHEREAS, the Board has determined that the Richmond Battlefields Association, Inc. meets the requirement for the real property tax exemption that it has requested by reason of its being a non-profit organization which uses the real property for which it is requesting the exemption for historical purposes. NOW THEREFORE BE IT ORDAINED by the Board of Supervisors of Chesterfield County: 1. The Richmond Battlefields Association, Inc. is hereby designated a historical organization within the context of Section 6(A)(6) of Article X of the Constitution of Virginia. 2. The real property located in Chesterfield County owned by the Richmond Battlefields Association, Inc. and 10-797 12/15/10 described as County Property Tax Parcel ID No. 804652978500000 is used by such organization exclusively for historical purposes on a non-profit basis as set forth in Section 1 of this ordinance and is hereby determined to be exempt from local taxation. This exemption shall be contingent on the continued use of the property in accordance with the purpose for which the organization is designated as exempt in Section 1. 3. This real property tax exemption shall be effective as of January 1, 2011. 4. This ordinance shall not be set out in the County Code but shall be kept on file in the offices of the real estate assessor and commissioner of revenue. 5. This ordinance shall be in effect immediately upon its adoption. Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. 15.B. RECOGNIZING MR. KEVIN PAGE FOR HIS OUTSTANDING CONTRIBUTIONS TO TRANSPORTATION IN VIRGINIA Mr. Kappel introduced Mr. Kevin Page, who was present to receive the resolution. On motion of Mr. Warren, seconded by Mr. Durfee, the Board adopted the following resolution: WHEREAS, Mr. Kevin Page is Chief of Rail Transportation for the Virginia Department of Rail .and Public Transportation; and WHEREAS, DRPT is the state agency for rail, transit and commuter services in Virginia; and WHEREAS, the department's mission is to improve mobility and expand transportation choices in the commonwealth; and WHEREAS; DRPT partners with Amtrak on matters involving rail service in Virginia; and WHEREAS, Amtrak announced on November 4, 2010, that it had selected Kevin Page as this year's recipient of Amtrak's President's Service and Safety Award for State Partnership; and WHEREAS, this award recognizes Mr. Page's extraordinary contributions to transportation in Virginia; and WHEREAS, He was recognized for his efforts to provide safe and efficient transportation choices; and WHEREAS, Mr. Page has championed rail service as a vital component in addressing Virginia's transportation needs; and WHEREAS, Mr. Page was instrumental in helping Amtrak to receive a grant for a three-year demonstration project to extend additional Northeast Regional services to Lynchburg and Richmond; and 10-798 J J J 12/15/10 WHEREAS, Mr. Page's work on behalf of those traveling in Virginia has made measurable progress in bringing high-speed rail service to Virginia. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 15th day of December 2010, hereby congratulates Mr. Kevin Page on his selection as Amtrak's 2010 President's Service and Safety Award for State Partnership recipient, thanks him for his commitment to improving transportation in Virginia, and wishes him continued success. AND, BE IT FURTHER RESOLVED that a copy of this resolution be presented to Mr. Page, 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. Page and commended him on his service to the county. Mr. Page expressed appreciation to the Board for their support. 18.B. ACCESSORY BUILDING SIZES AND SETBACKS IN RESIDENTIAL TO CONSIDER AMENDMENTS TO THE COUNTY CODE RELATING TO AND CERTAIN MANUFACTURED OR MOBILE HOME PARK (MH) DISTRICTS Mr. Ryan Ramsey stated this date and time has been advertised for a public hearing for the Board to consider amendments to the County Code relating to accessory building sizes and setbacks in Residential and certain manufactured or mobile home park (MH) Districts. He stated this proposed Zoning Ordinance amendment would place additional restrictions on permitted accessory structures in residential and certain mobile home zoning districts. He further stated a maximum gross square footage would be regulated for all accessory structures larger than 1,000 gross square feet would have greater setback requirements imposed upon them. Mr. Gecker called for public comment. There being no one to speak to the issue, the public hearing was closed. Mr. Holland made a motion, seconded by Ms. Jaeckle, 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 19-555 AND ADDING SECTION 19-555.1 OF THE ZONING ORDINANCE RELATING TO ACCESSORY BUILDING SIZES AND SETBACKS IN RESIDENTIAL AND CERTAIN MH DISTRICTS. BE IT ORDAINED by the Board of Supervisors of Chesterfield County: 10-799 12/15/10 (1) That Section 19-555 of the Code of the County of Chesterfield, 1997, is amended and re-enacted and Section 19-555.1 is added to read as follows: Chapter 19 ZONING 0 0 0 ARTICLE VII. DEVELOPMENT STANDARDS MANUAL 0 0 0 DIVISION 2. DEVELOPMENT REQUIREMENTS-RESIDENTIAL, TOWNHOUSE RESIDENTIAL, MULTIFAMILY RESIDENTIAL AND AGRICULURAL 0 0 0 Sec. 19-555. Required yards for accessory buildings and structures in R, R-TH, MH and A Districts. Except as indicated in this section, the yard requirements for permitted uses shall apply to the accessory buildings and structures. 0 0 0 (6) In R and MH Districts, accessory buildings 1,000 square feet or larger in gross square footage shall be required to meet the required side and rear yard setback for the primary dwelling unit on the lot or parcel. Accessory buildings 1,000 square feet or larger in gross square footage shall meet the required front yard and corner side yard setback for accessory buildings, as outlined in sections 19-555(1) and 19-555(3). 0 0 0 Sec. 19-555.1 Maximum gross square footage for accessory buildings and structures in R and MH-2 Districts. In R and MH-2 Districts, the gross square footage of all accessory buildings shall not exceed the gross square footage, excluding basements, of the primary dwelling on the lot or parcel. (2) That this ordinance shall become effective immediately upon adoption. Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. 18.C. TO CONSIDER AN AMENDMENT TO THE COUNTY CODE RELATING TO PARCEL SUBDIVISIONS NOT INTENDED FOR RESIDENTIAL USE Ms. Amy Somervell stated this date and time has been advertised for a public hearing for the Board to consider an amendment to the County Code relating to parcel subdivisions not intended for residential use. She further stated divisions of property for non-residential uses are exempt from the requirements of the subdivision ordinance and currently, the ordinance provides that owners of such property may use a "Not for residential use" certification that is intended to allow such owners to record parcel 10-800 J J J 12/15/10 divisions with the Clerk of the Circuit Court without obtaining. subdivision approval from the county. She stated the purpose of the proposed amendment is to help prevent the creation of these types of illegal subdivisions on residential and agricultural zoned property. 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. 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 SECTION 17-44 OF THE SUBDIVISION ORDINANCE RELATING TO PARCEL -SUBDIVISIONS THAT ARE NOT INTENDED FOR RESIDENTIAL USE. BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (7) That Section 17-44 of the Code of the County of Chesterfield, 1997, as amended, is amended and re- enacted to read as follows: Chapter 17 0 0 0 Sec. 17-44. General. (a) Any plat for nonresidential usage shall be prominently labeled by the subdivider "Not for residential use" and shall include the following statement: "I, (INSERT NAME) affirm that I am the owner of the property depicted on this plat and do hereby affirm that the sale/transfer of this property is not for purposes of creating a parcel for residential use. This property is zoned (INSERT ZONING DISTRICT). With respect to Agricultural (A) and Residential (R) zoning districts, the Chesterfield County Planning Department has verified with the property owner that this parcel creation is for non residential uses." (PROVIDE DATE AND SIGNATURE LINES FOR OWNER AND PLANNING DEPARTMENT REPRESENTATIVE). With this notes, the plat will not be subject to a review in accordance with this division. No residential building permit will be approved on plats so labeled. No parcel or lot modified by this plat process, including a residual parcel or lot, may be used for residential purposes, until it is approved through a subsequent subdivision process in accordance with this chapter. No parcel plat shall be recorded that does not have these statements or does not comply with (b). 0 0 0 (2) That this ordinance shall become effective immediately upon adoption. Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. 10-801 12/15/10 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 ~N UNSCHEDULED MATTERS Mr. Paul Grasewicz addressed the Board relative to the enforcement of sign violations. In response to Mr. Warren's question, Mr. Grasewicz stated electronic message signs need to be policed and comply with the policy. Mr. Bob Olsen addressed the Board relative to a new policy change for conditional use proffered requirements for electronic message centers. Mr. Gecker expressed appreciation to the citizens for their input throughout the year and wished everyone a happy holiday and new year. 21. ADJOURNMENT On motion of Ms. Durfee, seconded by Mr. Holland, the Board adjourned at 7:50 p.m. until January 12, 2011 at 1:00 p.m. in the Eanes-Pittman Public Safety Training Center for a joint meeting with the School Board and Planning Commission regarding the Comprehensive Plan Update. Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. J mes Stegma' r County Administrator V~ ~ Daniel A. Gecker Chairman 10-802 12/15/10 J J J