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2011-09-21 MinutesBOARD OF SUPERVISORS MINUTES September 21, 2011 Supervisors in Attendance: Staff in Attendance: Mr. Arthur S. Warren, Chairman Mr. Mike Bacile, Dir.,. Ms. Dorothy A. Jaeckle, Vice Chrm. Purchasing Mr. James M. Holland Dr. Sheryl Bailey, Dep. Ms. Marleen K. Durfee County Administrator, Mr. Daniel A. Gecker Management Services Ms. Janice Blakley, Mr. James J. L. Stegmaier Clerk to the Board County Administrator Ms. Patsy Brown, Dir., Accounting Mr. Kevin Bruny, Chief Learning Officer Ms. Debbie Burcham, Exec. Dir., Community Services Board Mr. Allan Carmody, Dir., Budget and Management Ms. Jana Carter, Dir., Juvenile Services Mr. Barry Condrey, Chief Information Officer Mr. Roy Covington, Dir., Utilities Ms. Mary Ann Curtin, Dir., Intergovtl. Relations Mr. Jonathan Davis, Dir., Real Estate Assessments Mr. Will Davis, Dir., Economic Development Mr. William Dupler, Dep. County 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 Mr. Donald Kappel, Dir., Public Affairs Major Dan Kelly, Police Department Mr. Rob Key, Director, General Services Mr. Louis Lassiter, Asst. County Administrator Mr. Mike Mabe, Director, Libraries Ms. Mary Martin Selby, Dir., Human Resource Services 11-527 Mr. R. John McCracken, Dir., Transportation Mr. Richard M. McElfish, Dir., Env. Engineering Mr. Jeffrey L. Mincks, County Attorney Mr. Glen Peterson, Dir., Community Correction Services Ms. Karen F. Russell, Risk Manager Chief Edward L. Senter, Fire Department Ms. Marsha Sharpe, Dir., Social Services Ms. Sarah Snead, Dep. County Administrator, Human Services Mr. Kirk Turner, Dir., Planning Mr. Mike Westfall, Dir., Internal Audit Mr. Scott Zaremba, Dir., Human Resource Programs Mr. Warren called the regularly scheduled meeting to order at 3:04 p.m. 1. APPROVAL OF MINUTES A. AUGUST 24, 2011 REGULAR MEETING B. SEPTEMBER 7, 2011 SPECIAL MEETING On motion of Mr. Holland, seconded by Ms. Durfee, the Board approved the minutes of August 24, 2011, and September 7, 2011 as submitted. Ayes: Warren, Jaeckle, Holland, Durfee and Gecker. Nays: None. 2. COUNTY ADMINISTRATOR'S COMMENTS 2.A. COUNTY ADMINISTRATOR'S REPORT • Mr. Stegmaier was pleased to report that the Midlothian area was named one of top ten suburbs in the United States by CNBC. • Mr. Stegmaier announced that on September 8, 2011, Captain Jerry Pruden, Lieutenant Jake Britt, and Firefighters Gene Ledlie and Bryce Ford responded to Westmoreland County to assist with on-going rescue operations from flash flooding. He provided details of their efforts to rescue a citizen, a firefighter, and a rescue squad member. • Mr. Stegmaier was pleased to announce that Mr. Rick Witt has been selected as the county's new Director of Building Inspection, and Mr. Ron Clements has been appointed Assistant Director of Building Inspection. J J J 11-528 • Mr. Stegmaier presented a Hurricane Irene follow up, stating that the Building Inspection Department has issued 194 building permits for storm damage repairs and 30 electrical permits free of charge. • Mr. Stegmaier provided an update on of Cloverleaf Mall. He recognized Retail Vice President of the co partners, Crosland Southeast, and Kroger's Real Estate Manager for Region. 3. BOARD MEMBER REPORTS the revitalization Mr. James Downs, unty's development Fenton Childers, the Mid-Atlantic Mr. Holland reported that he attended a meeting at the Irongate Civic Association on September 15th, regarding concerns related to the aftermath of Hurricane Irene. He announced that he will be speaking to the Highlands Neighborhood Association regarding road improvements and developments in the Highlands area on September 27th at 6:30 p.m. He also announced that the Dale and Matoaca Districts will hold a joint citizen input meeting regarding the Draft Comprehensive Plan on September 26th at 6:30 p.m., and a Dale District community meeting regarding economic development will be on October 24th at 7:00 p.m. Ms. Durfee reported that on September 26th, there will be a joint Matoaca and Dale District citizen input meeting regarding the Draft Comprehensive Plan at 7:00 p.m, in the Public Meeting Room. She announced she will be holding a rescheduled roundtable meeting on October 4th at 6:30 p.m. at Cosby High School. She also announced the Matoaca District will hold a community meeting at the Ettrick-Matoaca Library on September 27th at 6:30 p.m., to discuss. library renovations. Mr. Decker announced on September 22nd, there will be a joint Clover Hill and Midlothian District citizen input meeting regarding the Draft Comprehensive Plan at 7:00 p.m. at Monacan High School. Ms. Jaeckle reported that the Bermuda District already held two community meetings regarding the Draft Comprehensive Plan, but unfortunately there was a low turnout. She expressed appreciation to staff for providing information to her constituents. Mr. warren announced he attended the Richmond Symphony Event held at Clover Hill High School to commemorate the 10th anniversary of the 9/11 disaster. He stated there was an impressive turnout. 4. REQUESTS TO POSTPONE AGENDA ITEMS AND ADDITIONS DELETIONS OR CHANGES ~N THE ORDER OF PRESENTATION On motion of Ms. Jaeckle, seconded by Ms. Durfee, the Board added Item 8.C.3.c., Request for Music/Entertainment Festival Permit for the Midlothian Food Festival; replaced Item 11., Closed Session Pursuant to Section 2.2-3711(A)(7), Code of Virginia, 1950, as Amended, for Consultation with Legal Counsel Pertaining to Actual Litigation in the Cases of 11-529 Hansen, et al. v. Stewart, et al., Stitzer, et als. v. Chesterfield County and Lent, et als. v. County of Chesterfield, and Pursuant to Section 2.2-3711(A)(1), Code of Virginia, 1950, as Amended, Relating to the Performance of a Specific County Employee. Ayes: Warren, Jaeckle, Holland, Durfee and Gecker. Nays: None. 5. RESOLUTIONS AND SPECIAL RECOGNITIONS 5.A. RECOGNIZING BON AIR BAPTIST CHURCH FOR ITS OUTSTANDING CONTRIBUTIONS TO CHESTERFIELD COUNTY'S OLDER ADULT pQnr_u nMC Mr. Golden introduced staff leaders of Bon Air Baptist Church, who were present to receive the resolution. On motion of Mr. Holland, seconded by Ms. Durfee, the Board adopted the following resolution: WHEREAS, the 50 and over population is the fastest growing population in Chesterfield County, and recreation and leisure programs promote a healthy lifestyle and contribute to successful aging; and WHEREAS, Bon Air Baptist Church has partnered with Chesterfield County Parks and Recreation Department to provide recreational programs for the 50 and over population; and WHEREAS, Bon Air Baptist Church provides numerous classrooms, game rooms and gym space at no charge to the county; and WHEREAS, Bon Air Baptist Church also provides assistance from their own Recreation Director and Assistant Recreation Director and numerous support staff at no charge to the county; and WHEREAS, the partnership with Bon Air Baptist Church has served over 2,500 participants age 50 and over during the past year; and WHEREAS, the partnership with Bon Air Baptist Church has created opportunities for older adults to volunteer and the opportunities for local businesses and organizations to provide support; and WHEREAS, these opportunities afforded by the generosity of Bon Air Baptist Church have enhanced the health and well being of all participants age 50 and over. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 21St day of September 2011, publicly recognizes Bon Air Baptist Church, on behalf of the citizens of Chesterfield County, for its dedication and commitment to the 50 and over population in Chesterfield County. AND, BE IT FURTHER RESOLVED that a copy of this resolution be presented to Bon Air Baptist Church and that J J J 11-530 this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Ayes: Warren, Jaeckle, Holland, Durfee and Gecker. Nays: None. Mr. Gecker commended the members of the church for their dedication and commitment to the older. population of Chesterfield County. He also expressed appreciation to the church members for their involvement in the community. Pastor Norman Burnes expressed appreciation to the Board of Supervisors for the recognition. 5.B. RECOGNIZING MR. STEVE O'LEARY FOR HIS SERVICE AS A MEMBER OF THE AIRPORT ADVISORY BOARD Mr. Key introduced Mr. Steve O'Leary, who was present to receive the resolution. On motion of Ms. Durfee, seconded by Mr. Warren, the Board adopted the following resolution: WHEREAS, Mr. Steven O'Leary was originally appointed as the Dale District representative on the Chesterfield County Airport Advisory Board from July 2000 to March 2003; and WHEREAS,. Mr. O'Leary moved to the Midlothian District in March 2003, and was reappointed as the Midlothian District representative, serving until July 2011; and WHEREAS, Mr. O'Leary joined us with a unique background as a professional aviation planner and provided guidance and assistance during the runway's rehabilitation, north terminal apron construction, development of the airport's rules and regulations and with the future development of the airport during the master planning process; and WHEREAS, immediately following the tragic event of September 11, 2001, Mr. O'Leary was instrumental in creating and adopting a General Aviation Security Plan for Chesterfield's airport, and the county received the governor's award for taking this initiative; and WHEREAS, Mr. O'Leary was of great assistance evaluating and developing the proposal for the Chesterfield Aviation/Science Museum and for participating in the Chesterfield County Airport's annual air shows; and WHEREAS, Mr. O'Leary provided guidance and leadership as chairman of the Airport Advisory Board for four years; and WHEREAS, the Chesterfield County Airport has been named one of the best reliever airports in the state, and during Mr. O'Leary's tenure on the Airport Advisory Board the airport has grown to be one of the most well-regarded airports in the Commonwealth of Virginia; and WHEREAS, the continuing growth in airport activities during Mr. O'Leary's tenure has had a beneficial economic impact on Chesterfield County, as recognized in a recent economic impact study conducted by the State of Virginia. 11-531 NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 21St day of September 2011, publicly recognizes Mr. Steven O'Leary and expresses its sincere gratitude and appreciation for his service to the county as a member of the Chesterfield County Airport Advisory Board. AND, BE IT FURTHER RESOLVED that a copy of this resolution be presented to Mr. O'Leary and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Ayes: Warren, Jaeckle, Holland, Durfee and Gecker. Nays: None. Mr. Holland presented the executed resolution to Mr. O'Leary and expressed appreciation for his dedicated service to the Airport Advisory Board. Mr. O'Leary expressed appreciation to the Board of Supervisors for the recognition and stated it has been a pleasure working on the Airport Advisory Board. 5.C. RECOGNIZING MRS. VIRGINIA L. HALL, DEPARTMENT OF GENERAL SERVICES, BUILDINGS AND GROUNDS, UPON HER RETIREMENT Mr. Key introduced Mrs. Virginia L. Hall who was present to receive the resolution. On motion of Mr. Holland, seconded by Mr. Warren, the Board adopted the following resolution: WHEREAS, Mrs. Virginia L. Hall retired August 1, 2011, after providing twenty-five years of dedicated and faithful service to Chesterfield County; and WHEREAS, Mrs. Hall began her service on June 1, 1986, as a custodian, in Buildings and Grounds, Custodial Services; and WHEREAS, Mrs. Hall has faithfully served three Custodial Supervisors, Mrs. Eloise Thweatt, Mr. Gordon Smith and Mr. Jihad Rasheed, during twenty-five years; and WHEREAS, Mrs. Hall performed her duties for the citizens and employees of Chesterfield County in an outstanding manner; and WHEREAS, Mrs. Hall supported many charities, including United Way, American Heart Association Heart Walk, YMCA Bright Beginnings, Christmas Mother Program, Junior Achievement, and her co-workers in times of need. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 21St day of September 2011, publicly recognizes Mrs. Virginia L. Hall and extends appreciation for her twenty-five years of dedicated service to the county, congratulates her upon her retirement, and offers best wishes for a long and happy retirement. J J J 11-532 AND, BE IT FURTHER RESOLVED that a copy of this resolution be presented to Mrs. Hall and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Ayes: Warren, Jaeckle, Holland, Durfee and Gecker. Nays: None. Ms. Durfee presented the executed resolution to Mrs. Hall and expressed appreciation for her dedicated service to the county. Mrs. Hall, who was accompanied by her friends and family, expressed appreciation to the Board for the recognition and stated she has enjoyed working for Chesterfield County for 25 years. Mr. Jihad Rasheed, Custodial Supervisor, commended Mrs. Hall for all her hard work and enthusiasm. Mr. Stegmaier presented an acrylic statute and county watch to Mrs. Hall and congratulated her on her retirement. 5.D. RECOGNIZING THE CHESTERFIELD COUNTY FAIR ASSOCIATION BOARD OF DIRECTORS ON THE 100 ANNIVERSARY OF THE FAIR'S OPERATION AND FOR PROVIDING AN OUTSTANDING 2011 COUNTY FAIR Mr. Golden introduced several representatives of the Chesterfield County Fair Association, who were present to receive the resolution. Mr. Holland commended the members on the operation and management of the Chesterfield County Fair despite the affects of Hurricane Irene. On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board adopted the following resolution: WHEREAS, the Chesterfield County Fair has long been an integral part of the history and development of Chesterfield County since 1911; and WHEREAS, the fair originally developed from the desire of farmers to display the items they had raised; and WHEREAS, the Chesterfield County Fair Association has organized, operated and managed the County Fair for 100 years; and WHEREAS, Fair Association President Julia Williams, Fair Manager G.B. Spencer and all the members of the Fair Association worked tirelessly as volunteers to manage the fair; and WHEREAS, the 2011 County Fair marked the 98th annual fair in the organization's 100-year history, missing only two fairs due to World War II; and WHEREAS, the 2011 County Fair ran for nine days at the Chesterfield County Fairgrounds; and 11-533 WHEREAS, the fair provides the citizens of Chesterfield County with entertainment, thrills, competitions, demonstrations, food and fun; and WHEREAS, the 2011 Chesterfield County Fair attracted over 40,000 attendees. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 21St day of September 2011, on behalf of the residents of Chesterfield County, publicly recognizes members of the Chesterfield County Fair Association for their dedicated and unselfish commitment to the operation of the Chesterfield County Fair for the past 100 years and expresses appreciation for the provision of the County Fair to the residents of Chesterfield County. Ayes: Warren, Jaeckle, Holland, Durfee and Gecker. Nays: None. Mr. Holland presented the executed resolution to Ms. Julia Williams,-Fair Association President, and to the members of the Chesterfield County Fair Association, and thanked them for their commitment to the operation of the fair. Ms. Williams expressed appreciation to the Board of Supervisors and county staff for their support. Ms. Jaeckle commended members of the association for their dedication and unselfish .commitment to the operation of the fair. Mr. G B Spencer, Fair Manager, expressed appreciation to the Board of Supervisors and various county departments for their support. Ms. Mary Chalkley, Fair Association Historian, expressed appreciation to the Board of Supervisors for the recognition and stated she has been a part of the fair for forty-two years. Ms. Durfee highly praised the members of the Association for their commitment and loyalty to county residents despite the circumstances. Ms. Jaeckle acknowledged that Miss Cadence Rose won the title of "Little Miss", who is the granddaughter of Ms. Janice Blakley, Clerk to the Board of Supervisors. Mr. Warren expressed appreciation to members and volunteers of the fair for managing the fair despite the weather. 6. WORK SESSIONS There were no Work Sessions at this time. 7. DEFERRED ITEMS There were no Deferred Items at this time. J J 11-534 8. NEW BUSINESS 8.A. APPOINTMENTS On motion of Ms. Jaeckle, seconded by Ms. Durfee, the Board suspended its rules at this time to allow for simultaneous nomination/appointment/reappointment to the First Tee Board of Directors. Ayes: Warren, Jaeckle, Holland, Durfee and Gecker. Nays: None. 8.A.1. FIRST TEE BOARD OF DIRECTORS On motion of Ms. Durfee, seconded by Mr. Holland, the Board simultaneously nominated/appointed Mr. Scott A. Rinaldi as a member of the First Tee Board of Directors, whose term is effective immediately and will expire on May 31, 2014. Ayes: Warren, Jaeckle, Holland, Durfee and Gecker. Nays: None. 8.B. STREETLIGHT COST APPROVAL On motion of Mr. Holland, seconded by Ms. Durfee, the Board approved the following streetlight in the Dale District: • In the vicinity of 3940 Evelake Road Cost to install streetlight: $341.01 Ayes: Warren, Jaeckle, Holland, Durfee and Gecker. Nays: None. 8.C. CONSENT ITEMS 8.C.1. ADOPTION OF RESOLUTIONS 8.C.i.a. RECOGNIZING OCTOBER 3-7, 2011, AS "PARALEGALS' WEEK" IN CHESTERFIELD COUNTY On motion of Mr. Gecker, seconded by Ms. Jaeckle, the Board adopted the following resolution: WHEREAS, legal assistants and paralegals provide skilled and essential professional services to licensed attorneys throughout Virginia; and WHEREAS, legal assistants and paralegals receive formal education and training and gain valuable experience working under the supervision of licensed attorneys; and WHEREAS, the Virginia Alliance of Paralegals Associations (NAPA) issues educational standards and professional guidelines to ensure that legal assistants are competent and knowledgeable about their field; and WHEREAS, the research and administrative work performed by legal assistants and paralegals are essential to the ability of attorneys to provide their clients with quality legal services and representation; and 11-535 WHEREAS, VAPA member organizations sponsor educational programs, seminars and forums designed to bring legal assistants together to exchange ideas and methods used in their occupation; and WHEREAS, the VAPA encourages legal assistants and paralegals to adhere to a high degree of ethical and professional conduct and proficiency by issuing a code of ethics for legal assistants and paralegals to practice. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes October 3-7, 2011, as "Paralegals' Week" in Chesterfield County and calls its significance to the attention of all its citizens. Ayes: Warren, Jaeckle, Holland, Durfee and Gecker. Nays: None. 8.C.l.b. RECOGNIZING OCTOBER 9-15, 2011, AS "FIRE PREVENTION WEEK" IN CHESTERFIELD COUNTY On motion of Mr. Gecker, seconded by Ms. Jaeckle, the Board adopted the following resolution: WHEREAS, the County of Chesterfield is committed to ensuring the safety and security of all those living in and visiting our county; and WHEREAS, fire is a serious public safety concern both locally and nationally, and homes are where people are at greatest risk to fire; and WHEREAS, cooking equipment is the leading cause of home structure fires and associated injuries, and the third leading cause of home fire deaths; and WHEREAS, cooking-related fires are the greatest fire cause in Chesterfield County; and WHEREAS, heating appliances and smoking materials are among the leading causes of all reported home fires; and WHEREAS, the winter approaching and supplemental more prevalent; and heating season is quickly heating appliances will become WHEREAS, the risk of dying in a home structure fire caused by smoking materials rises with age; and WHEREAS, working smoke alarms cut the risk of dying in reported home fires in half; and WHEREAS, Chesterfield Fire and EMS personnel are dedicated to reducing the occurrence of home fires and home fire injuries through prevention and protection education; and WHEREAS, Chesterfield County residents are responsive to public education measures and are able to take personal steps to increase their safety from fire, especially in their homes; and J J J 11-536 WHEREAS, Chesterfield County residents who have planned and practiced a home fire escape plan are more prepared and will therefore be more likely to survive a fire; and WHEREAS, the 2011 Fire Prevention Week theme, "It's Fire Prevention Week. Protect your Family from Fire!" effectively serves to remind us all of the simple actions we can take to keep our homes and. families safe from fire during Fire Prevention Week and year-round. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes October 9-15, 2011, as "Fire Prevention Week" throughout the county, and urges all the people of Chesterfield County to protect their homes and families by heeding the important safety messages of Fire Prevention week 2011, and to support the many activities and efforts of Chesterfield County's Fire and Emergency Medical Services. Ayes: Warren, Jaeckle, Holland, Durfee and Gecker. Nays: None. 8.C.i.c. RECOGNIZING COUNTY EMPLOYEES UPON THEIR RETIREMENT 8.C.l.c.l. CORPORAL R. HARVEY HEVENER, POLICE DEPARTMENT On motion of Mr. Gecker, seconded by Ms. Jaeckle, the Board adopted the following resolution: WHEREAS, Corporal R. Harvey Hevener will retire from the Chesterfield County Police Department on October 1, 2011, after providing 22 years of quality service to the citizens of Chesterfield County; and WHEREAS, Corporal Hevener has faithfully served the county in the capacities of police officer, police detective, senior, master, career officer and corporal; and WHEREAS, during his tenure with the Chesterfield County Police Department, Corporal Hevener served diligently in the Uniform Operations Bureau, the Investigations Bureau and the Operational Support Bureau; and WHEREAS, Corporal Hevener and fellow School Resource Officers were the recipients of a Unit Citation Award in recognition of their professionalism, teamwork and dedication, and in addition to their regular duties, these officers maintained a criminal clearance rate at a level much higher than expected; .and WHEREAS, while assigned as a School Resource Officer at the Chesterfield Technical Center, Corporal Hevener also served as an instructor for the Law Enforcement Program and was considered an asset to the school administration staff and a vital part to their administrative team; and WHEREAS, Corporal Hevener has received numerous letters of commendation, thanks and appreciation from the citizens of Chesterfield County for service rendered; and 11-537 WHEREAS, Corporal Hevener 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 Hevener's diligent service. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes Corporal R. Harvey Hevener, 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: Warren, Jaeckle, Holland, Durfee and Gecker. Nays: None. 8.C.1.c.2. MS. SUSAN DECKER, SOCIAL SERVICES DEPARTMENT On motion of Mr. Gecker, seconded by Ms. Jaeckle, the Board adopted the following resolution: WHEREAS, Mrs. Susan Decker began her career with seniors while employed with Lucy Corr Village as Admissions Coordinator from 1989 through 1999; and WHEREAS, Mrs. Decker was by the Chesterfield-Colonial Services on June 28, 1999; and hired as an Eligibility Worker Heights Department of Social WHEREAS, Mrs. Decker's assistance to long-term care customers and families resulted in improved services for county residents; and WHEREAS, Mrs. Decker assisted in the reorganization of the Adult Medicaid unit, and she was instrumental in its success; and WHEREAS, Mrs. Decker consistently demonstrated flexibility and willingness to meet the needs of her team throughout her tenure in the department; and WHEREAS, Mrs. Decker assisted her team in effectively responding to the unprecedented growth in the aging population and the unprecedented growth in the Adult Medicaid caseload; and WHEREAS, Mrs. Decker consistently displayed a positive attitude in her daily interactions with peers as well as customers and performed her job duties with professionalism and dedication; and WHEREAS, Mrs. Decker provided excellent customer service over the years and has shown dedication and commitment to serving the elderly and disabled adult citizens. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes the outstanding contributions of Mrs. Susan Decker, expresses the appreciation of all residents for her service to the county and the City of Colonial Heights and extends its J J J 11-538 congratulations upon her retirement, as well as best wishes for a long and happy retirement. Ayes: Warren, Jaeckle, Holland, Durfee and Gecker. Nays: None. 8.C.l.d. RECOGNIZING SEPTEMBER 2011, AS "ALCOHOL AND DRUG ADDICTION RECOVERY MONTH" IN CHESTERFIELD COUNTY On motion of Mr. Gecker, seconded by Ms. Jaeckle, the Board adopted the following resolution: WHEREAS, behavioral health is an essential part of health and one's overall wellness; and WHEREAS, prevention works, treatment is effective, and people can and do recover from substance use and mental disorders; and WHEREAS, all people have the fundamental and inherent value to be accepted and treated with respect, human dignity, and worth; and WHEREAS, individuals should have access to fully participate in community life including economic advancement and prosperity; fair and decent housing; quality education; and positive opportunities to benefit from and contribute to material, cultural, and social progress; and WHEREAS, it is critical to educate our policymakers, friends aid family members, health care providers, and businesses that substance use and mental disorders are treatable, and that people should seek assistance for these conditions with the same urgency as they would any other health condition; and WHEREAS, all Americans have the opportunity to access provisions within the Affordable Care Act and Mental Health Parity and Addictions Equity Act, aimed to improve physical and emotional health while ensuring people will receive the care they need at a reasonable cost; and WHEREAS, in 2009, 4.3 million people received treatment for a substance use disorder and 30.2 million people for a mental health problem (2009 National Survey on Drug Use and Health); and WHEREAS, substance use and mental disorders are serious public health problems, and we must continue to reach the millions more who need help; and WHEREAS, to help more people achieve long-term recovery, and learn how recovery positively benefits the nation's overall well-being, the U.S. Department of Health and Human Services, the Substance Abuse and Mental Health Services Administration, the White House Office of National Drug Control Policy, and Chesterfield's Community Services Board, Substance Abuse Services Program invite all residents of Chesterfield County to participate in "Recovery Month": Prevention Works, Treatment is Effective, People Recover. 11-539 NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes the month of September 2011 as "Alcohol and Drug Addiction Recovery Month" in Chesterfield County, Virginia and calls upon the people of Chesterfield to observe this month with appropriate programs, activities, and ceremonies supporting this year's theme, "Join the Voices for Recovery: Recovery Benefits Everyone." Ayes: Warren, Jaeckle, Holland, Durfee and Gecker. Nays: None. 8.C.l.e. RECOGNIZING SEPTEMBER 26, 2011, AS "FAMILY DAY" IN CHESTERFIELD COUNTY On motion of Mr. Gecker, seconded by Ms. Jaeckle, the Board adopted the following resolution: WHEREAS, the observance of "Family Day - A Day to Eat Dinner with Your Children" provides a unique opportunity for families in Chesterfield County to join one another at the dinner table as a means of strengthening family relationships; and WHEREAS, parental influence is known to be one of the most crucial factors in determining the likelihood of substance abuse by teenagers; and WHEREAS, surveys conducted by the National Center on Addiction and Substance Abuse have consistently found that children and teenagers who routinely eat dinner with their families are far less likely to use cigarettes, alcohol and illegal drugs; and WHEREAS, meal times offer opportunities for families to spend time together, providing a basic structure that strengthens and encourages lasting relationships; and WHEREAS, young people from families who have infrequent family dinners, compared to those that have frequent family dinners, are two and a half times more likely to have used tobacco and marijuana and one and a half times more likely to have consumed alcohol; and WHEREAS, the correlation between family dinners and reduced risk for teen substance abuse is well documented; and WHEREAS, Chesterfield County Youth Planning and Development and SAFE Inc., Chesterfield's substance abuse prevention coalition, are promoting the importance of family dinners to parents in Chesterfield County, Virginia; and WHEREAS., the Chesterfield County Board of Supervisors recognizes that eating. dinner as a family is an important step toward raising drug-free children. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes Monday, September 26, 2011, as "Family Day - A Day to Eat Dinner With Your Children," to recognize the positive impact of strong family interaction on the well being and future success of the young people in Chesterfield County. Ayes: Warren, Jaeckle, Holland, Durfee and Gecker. Nays: None. J J J 11-540 8.C.2. ACCEPTANCE OF AWARD FROM THE DEPARTMENT OF MOTOR VEHICLES FOR THE FY2012 HIGHWAY SAFETY PROJECT GRANT Ms. Durfee inquired whether the funds would be geared towards alcohol prevention/traffic .safety. On motion of Mr. Gecker, seconded by Ms. Jaeckle, the Board accepted and appropriated a grant awarded by the Department of Motor Vehicles for the FY2012 Highway Safety Project Grant in the amount of $85,253 and authorized the County Administrator to execute all documents. Ayes: warren, Jaeckle, Holland, Durfee and Gecker. Nays: None. 8.C.3. REQUESTS FOR MUSIC/ENTERTAINMENT FESTIVAL PERMITS 8.C.3.a. FOR THE 2011 VIRGINIA TRANSPLANT GAMES On motion of Mr. Gecker, seconded by Ms. Jaeckle, the Board granted a music/entertainment festival permit for the 2011 Virginia Transplant Games to be held Saturday, October 1, 2011. Ayes: Warren, Jaeckle, Holland, Durfee and Gecker. Nays: None. 8.C.3.b. FOR CHESTERFEST On motion of Mr. Gecker, seconded by Ms. Jaeckle, the Board granted a music/entertainment festival permit for ChesterFest to be held Saturday, September 24, 2011. Ayes: Warren, Jaeckle, Holland, Durfee and Gecker. Nays: None. 8.C.3.c. FOR ANNUAL MAGNIFICENT MIDLOTHIAN FOOD FESTIVAL On motion of Mr. Gecker, seconded by Ms. Jaeckle, the Board granted a music/entertainment festival permit for the Midlothian Rotary Club to be held on Wednesday, October 5, 2011. Ayes: Warren, Jaeckle, Holland, Durfee and Gecker. Nays: None. 8.C.4. TRANSFER OF DISTRICT IMPROVEMENT FUNDS FROM THE BERMUDA DISTRICT IMPROVEMENT FUND TO THE POLICE DEPARTMENT FOR TRAFFIC CONTROL DURING THE CHESTER KIWANIS CLUB'S ANNUAL CHRISTMAS PARADE On motion of Mr. Gecker, seconded by Ms. Jaeckle, the Board transferred $6,159.35 from the Bermuda District Improvement Fund to the Police Department for traffic control during the Chester Kiwanis Club's Annual Christmas Parade. Ayes: Warren, Jaeckle, Holland, Durfee and Gecker. Nays: None. 11-541 8.C.5. APPROVAL OF A CHANGE IN THE TERMS OF THE ECONOMIC DEVELOPMENT AUTHORITY NOTE FOR THE CLOVERLEAF MALL PURCHASE, AND APPROVAL OF A SUPPORT AGREEMENT AND OTHER DOCUMENTS FOR THE FINANCING AND REDEVELOPMENT OF THE MALL SITE Mr. Gecker recognized those involved in the revitalization of Cloverleaf Mall. He stated those in attendance are eager to get to work demolishing the mall to make way for construction of the new Kroger grocery store. He expressed appreciation for their patience. On motion of Mr. Gecker, seconded by Ms. Jaeckle, the Board approved a change in the terms of the note between the Economic Development Authority and Wells Fargo, approved a support agreement between the county and Wells Fargo and authorized the County Administrator to execute other documents as necessary to facilitate the financing and redevelopment of the former Cloverleaf Mall property. Ayes: Warren, Jaeckle, Holland, Durfee and Gecker. Nays: None. Mr. Holland expressed appreciation to staff for their hard work throughout the process. Ms. Jaeckle commended Mr. Fenton Childers for his work ethic and continued commitment to Chesterfield County. 8.C.6. STATE ROAD ACCEPTANCES On motion of Mr. Gecker, seconded by Ms. Jaeckle, the Board adopted the following resolution: WHEREAS, the street described below is shown on a plat recorded in the Clerk's Office of the Circuit Court of Chesterfield County; and WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised this Board the streets meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation. NOW, THEREFORE, BE IT RESOLVED, that this Board requests the Virginia Department of Transportation to add the street described below to the secondary system of state highways, pursuant to Section 33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements. AND, BE IT FURTHER RESOLVED, that this Board guarantees a clear and unrestricted right-of-way, as described, and any necessary easements for cuts, fills and drainage. 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: Maginoak Type Change to the Secondary System of State Highways: n~~itinn Reason for Change: New subdivision street Pursuant to Code of Virginia Statute: X33.1-229 Street Name and/or Route Number J J 11-542 • Maginoak Court, State Route Number 7572 From: Providence Road, (Route 678) To: cul-de-sac, a distance of: 0.25 miles. Recordation Reference: Db. 196, Pg. 53 Right of Way width (feet) = 40 And, further, the Board adopted the following resolution: WHEREAS, the streets described below are shown on plats recorded in the Clerk's Office of the Circuit Court of Chesterfield County; and WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised this Board the streets meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation. NOW, THEREFORE, BE IT RESOLVED, that this Board requests the Virginia Department of Transportation to add the streets described below to the secondary system of state highways, pursuant to Section 33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements. AND, BE IT FURTHER RESOLVED, that this Board guarantees a clear and unrestricted right-of-way, as described, and any necessary easements for cuts, fills and drainage. AND, BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. Project/Subdivision: Foxcreek Crossing Phase III Type Change to the Secondary System of State Highways: Addition Reason for .Change: New subdivision street Pursuant to Code of Virginia Statute: X33.1-229 Street Name and/or Route Number • Foxcreek Crossing, State Route Number 7297 From: 0.10 miles Northeast of Midnight Crossing, (Route 7584) To: Prescott Level, (Route 7583), a distance of: 0.03 miles. Recordation Reference: Db. 6872, Pg. 519 Right of Way width (feet) = var • Midnight Crossing, State Route Number 7584 From: Foxcreek Crossing, .(Route 7297) To: 0.01 miles North of Foxcreek Crossing, (Route 7297), a distance of: 0.01 miles. Recordation Reference: Db. 6872, Pg. 519 Right of Way width (feet) = 62 • Foxcreek Crossing, State Route Number 7297 From: 0.03 miles Northeast of Prescotts Level, (Route 7583) To: Burnt Mills Lane, (Route 7327), a distance of: 0.11 miles. Recordation Reference: Db. 6872, Pg. 519 Right of Way width (feet) = 60 • Foxcreek Crossing, State Route Number 7297 From: Burnt Mills Lane, (Route 7327) To: 0.02 miles Northeast of Burnt Mills Lane, (Route 7327), a distance of: 0.02 miles. Recordation Reference: Db. 6872, Pg. 519 Right of Way width (feet) = 60 11-543 • Foxcreek Crossing, State Route Number 7297 From: Midnight Crossing, (Route 7584) To: 0.10 miles Northeast of Midnight Crossing, (Route 7584), a distance of: 0.10 miles. Recordation Reference: Db. 6872, Pg. 519 Right of Way width (feet) = 60 • Foxcreek Crossing, State Route Number 7297 From: Otterdale Road, (Route 667) To: 0.02 miles Northeast of Otterdale Road, (Route 667), a distance of: 0.02 miles. Recordation Reference: Db. 6872, Pg. 519 Right of Way width (feet) = var • Heartquake Trace, State Route Number 7582 From: Foxcreek Crossing, (Route 7297) To: 0.02 miles North of Foxcreek Crossing, (Route 7297), a distance of: 0.02 miles. Recordation Reference: Db. 6872, Pg. 519 Right of Way width (feet) = 62 • Foxcreek Crossing, State Route Number 7297 From: Prescott Level, (Route 7583) To: 0.03 miles Northeast of Prescotts Level, (Route 7583), a distance of: 0.03 miles. Recordation Reference: Db. 6872, Pg. 519 Right of Way width (feet) = var • Foxcreek Crossing, State Route Number 7297 From: 0.02 miles Northeast of Otterdale Road, (Route 667) To: Midnight Crossing, (Route 7584), a distance of: 0.14 miles. Recordation Reference: Db. 6872, Pg. 519 Right of way width (feet) = 60 • Prescotts Level, State Route Number 7583 From: Foxcreek Crossing, (Route 7297) To: 0.02 miles South of Foxcreek Crossing, (Route 7297), a distance of: 0.02 miles. Recordation Reference: Db. 6872, Pg. 519 Right of Way width (feet) = 62 Ayes: Warren, Jaeckle, Holland, Durfee and Gecker. Nays: None. 8.C.7. REQUESTS TO QUITCLAIM 8.C.7.a. A PORTION OF A SIXTEEN-FOOT WATER EASEMENT ACROSS THE PROPERTY OF WHITCO, L.L.C. On motion of Mr. Gecker, seconded by Ms. Jaeckle, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute a quitclaim deed to vacate a portion of a 16' water easement across the property of Whitco, L.L.C. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Warren, Jaeckle, Holland, Durfee and Gecker. Nays:. None. J J J 11-544 8.C.7.b. A PORTION OF A VARIABLE WIDTH STORM WATER MANAGEMENT SYSTEM/BEST MANAGEMENT PRACTICE EASEMENT ACROSS THE PROPERTY OF COLONIAL HEIGHTS BAPTIST CHURCH On motion of Mr. Gecker, seconded by Ms. Jaeckle, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute a quitclaim deed to vacate a portion of a variable width SWM/BMP easement across the property of Colonial Heights Baptist Church. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Warren, Jaeckle, Holland, Durfee and Gecker. Nays: None. 8.C.8. REQUEST FOR PERMISSION FROM CHRISTIAAN V. GREENE AND KATIE B. GREENE FOR A PROPOSED FENCE AND PORTION OF AN EXISTING CONCRETE DRIVEWAY TO ENCROACH WITHIN VARIOUS EASEMENTS ACROSS LOT 46, HAYWOOD VILLAGE, SECTION A AT CHARTER COLONY On motion of Mr. Gecker, seconded by Ms. Jaeckle, the Board granted Christiaan V. Greene and Katie B. Greene permission for a proposed fence and portion of an existing concrete driveway to encroach within a 16' drainage easement, 10' common area easement, 20' sewer easement, 10' temporary construction easement and an 8' easement across Lot 46, Haywood Village, Section A at Charter Colony, subject to the execution of a license agreement. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Warren, Jaeckle, Holland, Durfee and Gecker. Nays: None. 8.C.9. APPROPRIATION OF DEVELOPER CONTRIBUTIONS FOR THE PORT WALTHALL DRIVE EXTENSION ECONOMIC DEVELOPMENT ACCESS PROJECT On motion of Mr. Gecker,. seconded by Ms. Jaeckle, the Board appropriated an additional $43,591 in anticipated developer contributions for the Port Walthall Drive Extension Economic Development Access Project. Ayes: Warren, Jaeckle, Holland, Durfee and Gecker. Nays: None. 8.C.10. APPROVAL OF RIGHT OF ENTRY AND CONVEYANCE OF A PERMANENT VIRGINIA DEPARTMENT OF TRANSPORTATION UTILITY EASEMENT TO THE COMMONWEALTH OF VIRGINIA FOR THE GENITO ROAD BRIDGE REPLACEMENT OVER SWIFT CREEK RESERVOIR WEST OF WOOLRIDGE ROAD PROJECT On motion of Mr. Gecker, seconded by Ms. Jaeckle, the Board approved a request from the Virginia Department of Transportation for right of entry and to convey a permanent VDOT utility easement to the Commonwealth of Virginia on county owned right of way for the construction of the Genito Road Bridge Replacement over Swift Creek Reservoir West of Woolridge Road Project. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Warren, Jaeckle, Holland, Durfee and Gecker. Nays: None. 11-545 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 On motion of Mr. Holland, seconded by Ms. Durfee, the Board accepted the following reports: a Report on 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. Ayes: Warren, Jaeckle, Holland, Durfee and Gecker. Nays: None. 10. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED MATTERS Mr. Jerry Heimiller expressed concerns regarding boats being housed at the boathouse at Robious Landing Park that are not currently being used. Several Board members requested information relative to the Robious Landing Park lease and funding sources. Ms. Joan Barnes addressed the defects and code violations moisture build-up and mold. Board relative to structural at her home, resulting in In response to Mr. Warren's questions, Mr. Dupler stated there was an inspection conducted and all of the structural damage Ms. Barnes referred to has been replaced. He further stated removing any supplementary sheetrock would be pointless to see additional framing. He stated if Ms. Barnes disagrees with the determination by Building Inspection Department, she may appeal those decisions. Mr. Mincks stated the appeal process would go before the Building Code Appeals Board. He further stated the Board of Supervisors has no authority in the matter. In response to Ms. Durfee's question regarding pictures, Mr. Dupler stated Building Inspection has investigated all of Ms. Barnes' concerns. He further stated the images are reconstructed pictures of Ms. Barnes' home. Mr. Pete Stith expressed appreciation to the Board for their leadership and dedication and presented various departments with personal contributions. Ms. Durfee expressed appreciation to Mr. Tom Jacobson, Ms. Latisha Jenkins, Dr. Keith Miller and all the business/community leaders who have contributed to the success of the Village of Ettrick and Virginia State University. J J J 11-546 11. CLOSED SESSION PURSUANT TO SECTION 2.2-3711(A)(7), CODE OF VIRGINIA, 1950, AS AMENDED, FOR CONSULTATION WITH LEGAL COUNSEL PERTAINING TO ACTUAL LITIGATION IN THE CASES OF HANSEN, ET AL. V. STEWART, ET AL., STITZER, ET ALS. V. CHESTERFIELD COUNTY AND LENT, ET ALS. V. COUNTY OF CHESTERFIELD On motion of Ms. Durfee, seconded by Mr. Holland, the Board went into closed session pursuant to Section 2.2-3711(A)(7), Code of Virginia, 1950, as amended, for consultation with legal counsel pertaining to actual litigation in the cases of Hansen, et al. v. Stewart, et al., Stitzer, et als. v. Chesterfield County and Lent, et als. v. County of Chesterfield, and pursuant to Section 2.2-3711(A)(1), Code of Virginia, 1950, as amended, relating to the performance of a specific county employee. Ayes: Warren, Jaeckle, Holland, Durfee and Gecker. Nays: None. Reconvening: On motion of Mr. Holland, seconded by Mr. Warren, 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, discussed, or considered by the Board. No members dissents from this certification. The Board being polled, the vote was as follows: Mr. Gecker: Aye. Mr. Holland: Aye. Ms. Durfee: Aye. Ms. Jaeckle: Aye. Mr. Warren: Aye. Mr. Warren stated an evaluation of the County Administrator was completed. He further stated the Board of Supervisors feels Mr. Stegmaier has done a fantastic job with leading Chesterfield County effectively over a very difficult, recessionary period. Mr. Mincks stated the Board must suspend its rules to add a matter to the agenda. and also suspend its rules requiring that the matter be of an emergency nature. On motion of Mr. Gecker, seconded by Ms. Jaeckle, the Board suspended its rules to add a matter to the agenda and also suspended its rules requiring that the matter be of an emergency nature. Ayes: Warren, Jaeckle, Holland, Durfee and Gecker. Nays: None. 11-547 On motion of Mr. Warren, seconded by Ms. Jaeckle, the Board approved a salary increase of two percent for the County Administrator retroactive to July 1, 2011 (consistent with county employees); and amended the County Administrator's contract to include reimbursement for mileage. Ayes: Warren, Jaeckle, Holland, Durfee and Gecker. Nays: None. 12. DINNER On motion of Mr. Holland, seconded by Ms. Durfee, the Board recessed to Room 303, for dinner. Ayes: Warren, Jaeckle, Holland, Durfee and Gecker. Nays: None. Reconvening: 13. INVOCATION Minister Angela Roberts, New Direction Evangelistic Church, gave the invocation. 14. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Miss Stefanie Page led the Pledge of Allegiance to the flag of the United States of America. 15. RESOLUTIONS 15.A. RECOGNIZING CROSS CREEK NURSERY AND LANDSCAPING FOR ITS OUTSTANDING ACCOMPLISHMENTS Mr. Kappel introduced the management team of Cross Creek Nursery and Landscaping, who were present to receive the resolution. On motion of Mr. warren, seconded by Ms. Durfee, the Board adopted the following resolution: WHEREAS, Cross Creek Nursery is located at 501 Courthouse Road in Chesterfield County, Virginia; and WHEREAS, the business was started in 1974 by Gene and Diane McAuliffe as a tropical plant store called Tropical Treehouse, located in Carytown; and WHEREAS, as the business grew into several retail florist locations and an interior maintenance business, the need for greenhouse space became very important; and WHEREAS, in 1980, Cross Creek Nursery was born to help provide that required greenhouse space; and J J J 11-548 WHEREAS, today, the original owners and second- generation family members still operate Cross Creek Nursery and Landscaping, which has become a large, full-service operation that serves all of Central Virginia; and WHEREAS, Cross Creek Nursery has certified horticulturists on staff to assist customers with their landscape questions; and WHEREAS, Cross Creek Nursery offers display gardens, ponds and paths to demonstrate a variety of design possibilities; and WHEREAS, Cross Creek Nursery also has a tree farm of more than 100 acres and can provide large specimens to give landscapes a mature look; and WHEREAS, customers can shop online for sod and mulch delivery throughout Central Virginia; and WHEREAS, in 2010, Cross Creek Nursery earned "Best in Show" status at the Maymont Flower and Garden Show; and WHEREAS, in 2011, Cross Creek Nursery was again named "Best in Show" at this same event. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 21St day of September 2011, publicly recognizes Cross Creek Nursery for its back-to-back "Best in Show" awards at the Maymont Flower and Garden Show, congratulates the business on its long tenure in the county and on its many accomplishments, and extends best wishes for continued success. AND, BE IT FURTHER RESOLVED that a copy of this resolution be presented to Cross Creek Nursery, and that this resolution be permanently recorded among the. papers of this Board of Supervisors of Chesterfield County, Virginia. Ayes: Warren, Jaeckle, Holland, Durfee and Gecker. Nays: None. Mr. Warren presented the executed resolution to Mr. Gene McAuliffe. and congratulated his team of family members on their accomplishment and ability to provide great customer service to Chesterfield County. Founder Gene McAuliffe, accompanied by his family, expressed appreciation to the Board of Supervisors for the recognition. 15.B. RECOGNIZING RICHMOND ICE ZONE SKATING CHAMPIONS FOR THEIR OUTSTANDING REPRESENTATION OF CHESTERFIELD COUNTY Mr. Kappel introduced Ms. Stefanie Page, Ms. Kaelyn Atkinson, Miss Kasey Atkinson, Mr. Caston Eagles, Miss Corrighan Eagles, and Ms. Hannah Sypniewski of Richmond Ice Zone Skating, who were present to receive the resolution. On motion of Mr. Warren, seconded by Mr. Holland, the Board adopted the following resolution: 11-549 WHEREAS, a number of Chesterfield County residents are involved in skating programs at Richmond Ice Zone, located in Chesterfield County; and WHEREAS, "It's a Mystery" is a figure-skating ensemble from the county that trains at the facility; and WHEREAS, "It's a Mystery" is comprised of Lauren Page, a Monacan High School graduate who is now a student at Virginia Commonwealth University; Stefanie Page, who attends Midlothian Middle School; Kaelyn Atkinson, an Elizabeth Davis Middle School student; Kasey Atkinson, who attends Enon Elementary School; Gaston Eagles, a Manchester Middle School student; and Corrighan Eagles, who attends Jacobs Elementary School; and WHEREAS, this talented team of skaters ranges in age from 5 to 21, and performs skits in which the team's members solve a mystery in each performance, aided by Scooby-Doo, the Hanna-Barbera Productions Great Dane cartoon character; and WHEREAS, the six-member team, which is coached by member Lauren Page, took first place at the 2010 Coventry Commonwealth Games of Virginia in Charlottesville, Virginia; and WHEREAS, the team qualified to compete in the 2011 State Games of America in San Diego in August 2011, a national competition similar to an Olympic experience; and WHEREAS, at the State Games of America, coach Lauren Page, 21, led the ensemble to a first-place win, and also brought home two other first-place medals; and WHEREAS, Stefanie Page, 13, competed in two additional events and earned first-place awards in each. of the Freestyle 6 events, bringing home three gold medals; and WHEREAS, Corrighan Eagles, who is 5, won first-place awards in three additional events and a third-place medal in another; and WHEREAS, Gaston Eagles, 14, received a gold medal for his participation in the ensemble event; and WHEREAS, Kasey Atkinson, 9, also received a gold medal for the ensemble skating event; and WHEREAS, Kaelyn Atkinson, 13, brought home two gold medals, one for the ensemble and one for another event; and WHEREAS, "It's a Mystery" represents Chesterfield County and the Richmond region well and the team's outstanding athleticism and creativity reflect positively on the county and its schools; and WHEREAS, Hannah Sypniewski, a 10th grade student at the Trinity Episcopal School, is 15, and also is a Richmond Ice Zone figure skater who has been skating for six years and competes at the Preliminary level; and J J J 11-550 WHEREAS, Ms. Sypniewski also took first place at the 2010 Coventry Commonwealth Games of Virginia; and WHEREAS, Ms. Sypniewski competed in two events at the 2011 State Games of America and won 1St place in her Solo Artistic Silver Preliminary in her age level, bringing home a gold medal. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 21St day of September 2011, publicly recognizes the outstanding artistry and talent of the members of "It's a Mystery" and of Hannah Sypniewski, congratulates all of these outstanding skaters on their many accomplishments, and extends best wishes for continued success. AND, BE IT FURTHER RESOLVED that a copy of this resolution be presented to "It's a Mystery," and to Hannah Sypniewski, and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Ayes: Warren, Jaeckle, Holland, Durfee and Decker. Nays: None. Mr. Warren presented the executed resolution to the champions of "It's a Mystery," and to Ms. Sypniewski and congratulated them on their many accomplishments. Each member of the skating team introduced themselves. 15.C. RECOGNIZING "CHRISTMAS MOTHER DAY" IN CHESTERFIELD COUNTY Ms. Sharpe introduced Mrs. Linda King, this year's Christmas Mother, who was present to receive the resolution. On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board adopted the following resolution: WHEREAS, most families in Chesterfield County enjoy peace and happiness during the Christmas holidays; and WHEREAS, there are many children, elderly and the less fortunate, who do not have the means to enjoy this special time of year; and WHEREAS, the Chesterfield-Colonial Heights Christmas Mother Program has successfully provided food, gifts and clothing to many of our citizens in the past; and WHEREAS, Mrs. Linda King has been elected Christmas Mother for 2011 and requests support of all the citizens of Chesterfield County to ensure that those less fortunate may enjoy this special season of the year. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 21St day of September 2011, publicly recognizes October 11, 2011, as "Christmas Mother Day" and urges all citizens of Chesterfield County to support this worthy endeavor. 11-551 AND, BE IT FURTHER RESOLVED that the Board of Supervisors publicly commends the Christmas Mother Program for its successful efforts in past years and extends best wishes for a successful 2011 season. AND, BE IT FURTHER RESOLVED that a copy of .this resolution be presented to Mrs. King and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Ayes: Warren, Jaeckle, Holland, Durfee and Gecker. Nays: None. Ms. Jaeckle presented the executed resolution and a contribution to Mrs. King on behalf of the county and wished her success as Christmas Mother. Mrs. King expressed her appreciation and provided information to the Board regarding the Christmas Mother program. 15.D. RECOGNIZING MR. DOUGLAS R. SOWERS FOR HIS GENEROUS LAND DONATION TO CHESTERFIELD COUNTY Mr. Golden introduced Mr. Douglas R. Sowers who was present to receive the resolution. On motion of Mr. Holland, seconded by Ms. Durfee, the Board adopted the following resolution: WHEREAS, Chesterfield County, Virginia has as one of its strategic goals, that of being responsible protectors of the environment; and WHEREAS, Mr. Douglas R. Sowers is an active outdoorsman and supports responsible conservation of our natural resources for the use and enjoyment of this and future generations; and WHEREAS, the county's recent acquisition of the community park site adjacent to Courthouse Road will be a significant addition to the County Park System; and WHEREAS, the 12.7-acre parcel of land along Courthouse Road and adjacent to the new community park site was undeveloped; and WHEREAS, the parcel would add conserved forest areas and allow for improved park access for future park visitors; and WHEREAS, Mr. Sowers approached Parks and Recreation staff offering to donate the property to the county at no cost. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 21St day of September 2011, publicly recognizes the generous donation of land by Mr. Douglas R. Sowers, and expresses, on behalf of all of Chesterfield County residents, sincere appreciation for his generosity. AND, BE IT FURTHER RESOLVED that a copy of this resolution be presented to Mr. Sowers and that this J J 11-552 resolution be permanently recorded among the papers of the Board of Supervisors of Chesterfield County, Virginia. Ayes: Warren, Jaeckle, Holland, Durfee and Gecker. Nays: None. Mr. Holland presented the executed resolution to Mr. Sowers and expressed appreciation for his generous donation to Chesterfield County. Mr. Sowers, accompanied by his wife, stated the late Ms. Anna Atkins is the real hero in this scenario. 16. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED MATTERS Mr. Bill Johnson addressed the Board relative to property that he believes is owned by the county that has not been maintained and expressed concerns relative to homeowners' association dues and personal landscaping. Ms. Jaeckle stated she will have a staff member look into the issue. Mr. Warren requested a follow-up from the County Administrator. 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 11SN0241 In Midlothian Magisterial District, Macerich Partnership LP requests conditional use approval and amendment of zoning district map to permit a tattoo parlor (to include body piercing) on .1 acre of a 73.8 acre tract in Neighborhood Business (C-2) and Community Business (C-3) Districts fronting 1020 feet on the north line of Midlothian Turnpike, 200 feet east of Huguenot Road, also fronting 1080 feet on the east line of Huguenot Road, 200 feet north of Midlothian Turnpike. Density will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for regional mixed use. Tax ID 741- 709-Part of 1430. Mr. Turner presented a summary pf Case 11SN0241 and stated both the Planning Commission and staff recommended approval subject to the condition. Ms. Carrie Coyner, representing the applicant, stated the tattoo parlor has been operating in Chesterfield Towne Center for approximately two years, without required conditional use approval and in violation of the Zoning Ordinance. She further stated the applicant seeks to gain conditional use approval for the use in order to bring it into compliance with ordinance requirements. She stated the business currently has seven locations, and has been in operation for over twenty years. She stated this parlor has not been a 11-553 deterrent for other businesses to join the mall. She noted an additional condition should be imposed as follows: This conditional use approval shall be exclusively for River City Tattoo and Body Piercing and limited to one unit within the mall and shall not be transferable nor run with the land. Mr. Warren called for public comment. There being no one to address the request, the public hearing was closed. Mr. Gecker made a motion, seconded by Mr. Warren, for the Board to approve Case 11SN0241, subject to the conditions in the staff report, as well as imposing the following: This conditional use approval shall be exclusively for River City Tattoo and Body Piercing, and limited to one unit within the mall, and shall not be transferrable nor run with the land. Ms. Jaeckle stated the mall's management addresses any concerns that may be expressed by local tenants. In response to Mr. Holland's question regarding the conditional use approval process, Ms. Coyner stated applicants are not required to check on their requirement to obtain a business license. Mr. Warren called for a vote on the motion of Mr. Gecker, seconded by Mr. Warren, for the Board to approve Case 11SN0241, subject to the following conditions: 1. In the event the County or state adopts health regulations for these businesses, this business shall be subject to any such regulations. (P) (STAFF NOTE: If this request is approved the use would be allowed on up to any .1 acre area within the subject property.) 2. This conditional use approval shall be exclusively for River City Tattoo and Body Piercing, and limited to one unit within the mall, and shall not be transferrable nor run with the land. (P) Ayes: Warren, Jaeckle, Holland, Durfee and Gecker. Nays: None. 11SN0242 In Dale Magisterial District, Kelly Butterfield requests conditional use approval and amendment of zoning district map to permit a dwelling separated from the principal dwelling in Agricultural (A) and Residential (R-7) Districts on 4 acres known as 10100 Salem Church Road. Density will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for residential use of 1.0 - 2.5 dwelling units/acre. Tax ID 776- 662-0376. Mr. Turner presented a summary of Case 11SN0242 and stated both the Planning Commission and staff recommended approval subject to the conditions. Mr. Kelly Butterfield accepted the conditions. J J J 11-554 Mr. Warren called for public comment. There being no one to address the request, the public hearing was closed. Mr. Holland stated that the application fee for this type of application should be reexamined. Mr. Holland made a motion, seconded by Ms. Durfee, for the Board to approve Case 11SN0242, subject to the following conditions: 1. Occupancy of the second dwelling unit shall be limited to: the occupants of the principal dwelling unit, individuals related to them by blood, marriage, adoption or guardianship, foster children, guests and any domestic servants. (P) 2. For the purpose of providing record notice, within sixty (60) days of approval of this request, a deed restriction shall be recorded setting forth the limitation in Condition 1 above. The deed book and page number of such restriction and a copy of the restriction as recorded shall be submitted to the Planning Department. (P) Ayes: Warren, Jaeckle, Holland, Durfee and Gecker. Nays: None. 11SN0246 In Bermuda Magisterial District, SINA08, LLC - Anil Patel requests amendment of zoning (Case 05SN0181) and amendment of zoning district map relative to uses in a General Business (C-5) District on 5 acres fronting 940 feet on the northwest line of Woods Edge Road, across from Walthall Industrial Parkway. Density will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for commercial use. Tax IDs 802-637- 1703 and 4227. Mr. Turner presented a summary of Case 11SN0246 and stated both the Planning Commission and staff recommended approval and acceptance of the proffered conditions. Mr. Chris Thompson of the Timmons Group, representing the applicant, accepted the recommendation. Mr. Warren called for public comment. There being no one to address the request, the public hearing was closed. Ms. Jaeckle made a motion, seconded by Mr. Warren, for the Board to approve Case 11SN0246 and accept the following proffered conditions: 1. Uses shall be limited those permitted by right or with restrictions in the Community Business (C-3) District and uses permitted by right in the Light Industrial (I- 1) District, except the following uses shall not be permitted: a. Cocktail lounges and nightclubs 11-555 b. Liquor stores (P) 2. The following uses shall be prohibited: a. Halfway houses b. Landfills (P) (STAFF NOTE: These proffered conditions supersede Proffered Condition 6 of Case 05SN0181 for the request property only.) Ayes: Warren, Jaeckle, Holland, Durfee and Gecker. Nays: None. ii~Nn~aR In Clover Hill Magisterial District, Central Baptist Church requests conditional use approval and amendment of zoning district map to permit a private school use in an Agricultural (A) District on 20.4 acres fronting 960 feet on the west line of Courthouse Road, across from Dakins Drive. Density will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for residential use of 2.0 dwellings/acre or less. Tax IDs 744-695-5625; and 745-695-2854 and 2990. Mr. Turner presented a summary of Case 11SN0248 and stated both the Planning Commission and staff recommended approval subject to the conditions. Ms. Cara Alexander accepted the conditions. Mr. warren called for public comment. There being no one to address the request, the public hearing was closed. Mr. Warren made a motion, seconded by Mr. Holland, for the Board to approve Case 11SN0248, subject to the following conditions: 1. Except where the requirements of the underlying Agricultural (A) zoning district are more restrictive, any new development for school use shall conform to the requirements of the Zoning Ordinance for commercial uses in Emergining Growth Areas, excluding buffer requirements. (P) 2. There shall be no active playfields, courts or similar active recreational facilities which could accommodate organized sports such as football, soccer, basketball, etc. (P) 3. Any playground areas shall be located a minimum of forty (40) feet from all property lines. Within this setback, existing vegetation shall be supplemented, where necessary, with landscaping or other devices designed to achieve the buffering standards contained in Section 19- 522 (a) (1) of the Zoning Ordinance. (P) (NOTE: These conditions would not apply to any permitted use, such as a church, on the property.) J J J 11-556 Ayes: Warren, Jaeckle, Holland, Durfee and Gecker. Nays: None. ~~~un~aa In Matoaca Magisterial District, Chris Stewart requests amendment of conditional use planned development (Case 85SN0035) and amendment of zoning district map to permit a nightclub in a Neighborhood Business (C-2) District on .9 acre known as 13923 Hull Street Road. Density will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for community mixed use. Tax ID 726-672-6816. Mr. Turner presented a summary of Case 11SN0234 and stated both the Planning Commission and staff recommended approval subject to the conditions. Mr. Chris Stewart accepted the conditions. Mr. Warren called for public comment. There being no one to address the request, the public hearing was closed. Ms. Durfee expressed appreciation to the Mr. Stewart for his willingness to hold a community meeting and agreeing with the additional condition. Ms. Durfee then made a motion, seconded by Mr. Holland, for the Board to approve Case 11SN0234, subject to the following conditions: 1. Nightclub use shall be permitted. (P) 2. This use shall be granted to Chris Stewart and/or and entity in which he has a majority ownership or controlling interest, exclusively, and shall not be transferred or run with the land. (P) Ayes: Warren, Jaeckle, Holland, Durfee and Gecker. Nays: None. i~cNn~a~ In Bermuda Magisterial District, The Phoenix LLP requests amendment of conditional use (Case 08SN0197) and amendment of zoning district map relative to uses in a General Industrial (I-2) District on 9.8 acres fronting 600 feet on the south line of West Hundred Road, 2170 feet west of Rivers Bend Road. Density will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for light industrial use. Tax ID 810- 652-2734. Ms. Peterson presented a summary of Case 11SN0247 and stated the Planning Commission recommended approval and acceptance of the proffered condition. She further stated staff recommended denial because the proposed land uses do not conform to the Consolidated Eastern Area Plan, which suggests this property is appropriate for light to moderate industrial 11-557 uses and whereas the proposed uses are consistent with the use exceptions previously approved in 2008, these uses are not representative of, nor compatible with existing and anticipated area industrial development. She noted there was no opposition present at the Planning Commission meeting. Ms. Carrie Coyner, representing the applicant, requested approval of additional uses. She stated the Draft Comprehensive Plan designates the subject property "Community Corridor", and the proposed use designation encourages mix of residential, office, public, open space and commercial uses. She further stated this particular area has transitioned and it is anticipated that frontage properties within proximity to the I-95 Corridor will develop for commercial uses. Mr. Warren called for public comment. There being no one to address the request, the public hearing was closed. Ms. Jaeckle stated the proposed uses are consistent with the development pattern along this section of the Route 10 corridor. Ms. Jaeckle then made a motion, seconded by Mr. Warren, for the Board to approve Case 11SN0247 and accept the following proffered condition: Uses shall be limited to those permitted by right or with restrictions in the General Industrial (I-2) District plus the following uses: (a)' Schools - commercial, trade, vocational and training (b) Recreational establishments, commercial-indoor (c) Repair shops (d) Feed, seed, and ice sales (e) Motor vehicle sales, service, repair and rental, excluding motor vehicle consignment lots, provided that: (i) such use shall be limited to motorcycles (ii) all service, repair and storage of such vehicles, to include those awaiting repair, shall occur inside the building(s). Any outside display of such vehicles for sale or rent shall not be continuous; shall be located under a covered walkway; and shall not obstruct pedestrian access. (f) Appliance stores (g) Bicycle sales and rentals (h) Motor vehicle accessory stores (i) Paint and wallpaper stores (j) Rental of health and party equipment and small home hardware (k) Schools - music, dance and business. J J J 11-558 (1) Sporting good sales (m) Bakery goods sales (n) Book, stationary, newspaper or magazine store o) Restaurants, to include carry-out, but not fast food (p) Medical and dental laboratories (q) Medical facilities or clinics (r) Photography studio (P) (Staff Notes: A. Uses underlines represent uses not included with Case 085N0197. B. with approval of this request, this Proffered Condition supersedes Proffered Condition 1 of Case 085N0197.) Ayes: warren, Jaeckle, Holland, Durfee and Gecker. Nays: None. 18. PUBLIC HEARINGS 18.A. TO CONSIDER A REQUEST TO QUITCLAIM A TEN-FOOT RIGHT OF WAY DESIGNATED AS 6415 IRON BRIDGE ROAD Mr. Harmon stated this date and time has been advertised for a public hearing for the Board to consider a request to quitclaim a ten-foot right of way designated as 6415 Iron Bridge Road. Ms. Carrie Coyner, representing the property owner, stated the existing land owned by the county has made it impossible for the owner to establish any road frontage. She further stated the owner wishes to have marketable title to her property. Mr. warren 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 Mr. Warren, for the Board to authorize the Chairman of the Board of Supervisors and the County Administrator to execute a quitclaim deed to vacate a 10' right of way designated as 6415 Iron Bridge Road. (It is noted a copy of the vicinity sketch is filed with the papers of this Board.) Ayes: Warren, Jaeckle, Holland, Durfee and Gecker. Nays: None. 11-559 18.B. TO CONSIDER AN AMENDMENT TO THE COUNTY CODE RELATING TO ELECTRONIC MESSAGE CENTERS AND RECEIVE PUBLIC COMMENT ON THE ELECTRONIC MESSAGE CENTER SIGN POLICY Mr. Greg Allen 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 electronic message centers and receive public comment on the electronic message center sign policy. He stated staff completed an analysis on whether or not the software that controls the operation of EMC signs could somehow be locked so they would operate only as the Board of Supervisors would approve. He further stated by March 2011, staff had reached a consensus with the Planning Commission that the EMC industry does not have affective locking mechanisms to control EMC signs. In regards to enforcement of EMC signs, he stated staff does a good job monitoring and enforcing the 17 EMC approved signs within the county. He further stated there are weaknesses within the ordinance that could be improved with better language that strengthens enforcement. He stated the ordinance amendments recommended by the Commission provide two primary benefits, 1) violations would be rectified in 24 hours, not 10 days as the ordinance currently allows; and 2) the proposed amendments would allow staff to suspend the use of an EMC sign if necessary, by repeat offenders. In regards to the Planning Commission's recommendations to update the EMC sign policy, he stated the changes include: 1) deleting the 2000 foot spacing requirement between EMC signs with a message interval of 30 seconds; 2) allowing three lines of copy instead of two; 3) delete the limitation on color; 4) change the current message interval from 10 seconds to 30 seconds; 5) adding a prohibition to sequential messaging; 6) add a requirement for EMC signs to be incorporated into an architecturally-designed sign that is compatible with the building that it serves; 7) adding a requirement that limits the brightness of EMC signs above ambient light conditions; and 8) within the Villages of Midlothian, Chester, Bon Air and Ettrick as well as portions of the Corridor for Courthouse Road, Hopkins Road, Route 10 and all of the Hull Street Road Corridor, revising the prohibition against any type of EMC sign except allowing consideration for residential/commercial mixed-use developments that lack visibility for tenants to a major arterial. In response to Mr. Warren's question, Mr. Allen stated currently there would not be any EMC sign allowed within the area of Route 288 to Harbour Pointe, along the Hull Street Corridor. Mr. Stegmaier noted under the proposal it is only allowed in that particular corridor where there is residential/ commercial mixed use. Mr. Allen stated the consideration is only for residential/commercial mixed-use developments that lack visibility for tenants with major arterial frontage. In response to Mr. Holland's question, Mr. Allen stated currently portions of Route 10 are prohibited. In response to Ms. Jaeckle's concerns regarding the restrictions of 24-hour notification, Mr. Allen stated there J J J 11-560 were no issues regarding the time limit at the Planning Commission meeting. Ms. Jaeckle stated the proposed time limit seems to be very restrictive. In response to Ms. Durfee's question, Mr. Allen stated the tenant would be granted 10 days to resolve a sign violation if the ordinance amendment is approved and within 24 hours of notification the owner could remedy the problem or turn the sign off completely. In regards to the notification of sign violations, Mr. Gecker stated EMC's are being added into the existing enforcement provisions. In response to Mr. Warren's question, Mr. Allen stated in regards to notifying the user of violations the 24 hour time limitation usually begins when the user is notified. Mr. Warren called for public comment. Ms. Leiss van der Linden-Brusse, a volunteer with the Chesterfield Historical Society of Virginia, requested that the Board exempt the Courthouse Historic District, the historic Village sections of Bon Air, Ettrick and Matoaca and the historic sections of Route 1 from any inclusion of regulation of permitting the future installation of electronic signs. She further stated electronic signs will destroy the historic integrity of Chesterfield County's unique heritage. Mr. Peppy Jones requested that the Board maintain the current provisions and prohibitions. He expressed concerns regarding EMC's in Villages and stated EMC's will destroy the historical value of the county. Ms. Carrie Coyner, representing owners in the Chester Village Festival Park mixed-use area, stated businesses that are not visible to main roadways are competing with large area business chains. She further stated revenue would likely increase in these internal communities if an electric message center was installed. Mr. Freddy Boiuseau recommended approval of the proposed ordinance amendments. He stated some regulations may need to be addressed in the future. Mr. Mark James, Chairman of the Chesterfield Chamber of Commerce, stated the Chamber requests that the Board approve the Planning Commission's recommendations on the EMC Policy and EMC code amendment as submitted and without further revision. Mr. Paul Grasewicz stated he supports the proposed ordinance amendments. He further stated the proposal is a good compromise between the business community and the general public. He recommended additional amendments to the policy in regards to maintaining historic structures and protecting the historical integrity of the county. Mr. Stacey Bolton, Manager of Ironbridge Sports Park, stated their electronic sign generates revenue for their business. 11-561 He expressed concerns regarding the 30 second timing interval. Mr. John Grohusky, on behalf of Bexley West Community Association, stated prohibition should be continued in the Villages and along the Hull Street Road Corridor between Courthouse Road to Chippenham Parkway. He stated the 30 second timing interval is less of a distraction to motorists. Mr. Anil Patel stated electronic signs are a tremendous help specifically to businesses with low visibility from the main road. He stated he supports the proposed changes, although he believes additional changes may need to be made in the future. In response to Mr. Warren's question, Mr. Allen stated current businesses with existing EMC's are not affected by the proposed changes to the policy. He further stated the ordinance amendments related to code enforcement could impact an existing sign. Ms. Jo Trout, President of Surrywood Civic Association, asked the Board to adopt the 30-second message interval, prohibit electronic signs in the distinctive, historic Villages, the Courthouse Area Design District and on Hull Street Road between ChippenYiam and Courthouse Road. Ms. Andrea Epps requested that the Board support the proposal. She further stated in some residential/commercial mixed-use developments that lack visibility for tenants to a major arterial road, one sign that includes all tenants as long as the architecture is compatible, would be better than individual signs. Mr. Allen Twedt stated electronic message signs become beneficial when promoting the activities and services of a business to generate revenue. He expressed concerns regarding the proposed timing interval. Mr. Bill Levitt, President of the Greater Southport Business Association, recommended approval of the proposed ordinance. Mr. Bob Olsen stated he supports the 30-second timing interval and most of the proposed changes. He expressed concerns regarding spacing between signs and consideration for residential/commercial mixed-use developments. Mr. Bob Schrum stated the majority of the business community supports the proposed changes. He requested that the Board approve the proposed amendments. Mr. David Stevens commended staff on the recommendations and stated the proposal is beneficial to local businesses. He asked the Board to approve the amendments. Mr. Dick Page expressed concerns regarding preservation of the historical sites within the county. Mr. David Kochheiser, representing Southside Church of the Nazarene, recommended support of the proposed changes. J J J 11-562 Mr. Brennen Keene stated the proposed policy recommendations create an opportunity for outreach community services to promote a positive message to the public. There being no one else to speak to the issue, the public hearing was closed. Ms. Jaeckle stated she can support the 30 second timing interval because the messaging appears to look like a standard sign. She further stated a balance of reality needs to be created in regards to the Villages. She stated the current policy enables businesses to promote their services. She further stated small businesses cannot exist without advertisement on the roadways. Mr. Holland expressed appreciation to the speakers who presented their arguments. He stated small businesses create the bulk of the jobs in our economy. He further stated he is proud to promote a balance between the business community and the general public. He noted that he can support the proposed amendments to the policy suggested by Mr. Grasewicz. Ms. Durfee stated she is very pleased that people can come together, despite differing opinions, to gain a balanced approach. She further stated changes have been made to preserve historical areas in the county, while allowing flexibility to other areas that need to promote business. She stated she can support prohibiting the Village areas, particularly the Courthouse Area and Hull Street Road Corridor between Courthouse Road to Chippenham Parkway. She further stated a part of Hull Street off Route 288 is a very dangerous intersection. Mr. Gecker stated he does not believe in the presence of electronic message signs and their "ability" to bring in new business. He further stated he cannot think of a retail area in America with a prevalence of electronic message center signs. He stated it is beneficial to maintain the historic quality of the county. He stated the majority of associations that he met with were not in support of electronic message centers. He noted the majority of the citizens in favor of the proposal are Chester residents. He further stated he would like to exclude the Village Districts and portions of Midlothian Turnpike where visibility and attractiveness are a priority. He expressed concerns regarding the placement of EMC's in front of every establishment and church in the county. Mr. Warren stated he was impressed by the amount of input from both sides regarding the issue. He further stated the exempt areas would still be allowed consideration for signage in the future. He expressed concerns regarding the requirement of spacing between electronic message signs. He also expressed concerns regarding areas of Brandermill through Harbour Pointe and stated this particular area is extremely congested and hazardous. He requested prohibition off Route 288 on Hull Street to the Harbour Pointe Parkway. Ms. Durfee made a motion; seconded by Mr. Holland, for the Board to approve the proposed policy recommendations and include areas to prohibit electronic message center signs within the Village Districts (Midlothian, Chester, Bon Air and Ettrick), within the Chesterfield County Courthouse 11-563 complex, within the Midlothian area east and west service districts, within the Hull Street Road Corridor between Courthouse Road to Chippenham Parkway, and within the Courthouse Road and Hull Street/Route 288 area by Harbour Pointe, and approve the spacing requirement between electronic message signs of 1000 feet. Ms. Jaeckle made a friendly amendment to Ms. Durfee's original motion for Chester Village to remain prohibited except to allow consideration for residential/commercial mixed-use developments that lack visibility for tenants to a major arterial . Ms. Durfee accepted Ms. Jaeckle's friendly amendment. In response to Ms. Jaeckle's question regarding the Historic Districts, Ms. Durfee stated those currently protected are the Villages of Midlothian, Chester, Bon Air and Ettrick and the County Courthouse Complex. Mr. Warren called for a vote on Ms. Durfee's motion, seconded by Mr. Holland, for the Board to approve the proposed policy recommendations and include areas to prohibit electronic message center signs within the Village Districts (Midlothian, Chester, Bon Air and Ettrick), except to allow consideration for residential/commercial mixed-use development in Chester Village that lack viability for tenants to a major arterial, within the Chesterfield County Courthouse complex, within the Midlothian area east and west of the service district, within the Hull Street Road Corridor between Courthouse Road to Chippenham Parkway, and within the Courthouse Road and Hull Street/Route 288 area by Harbour Pointe, and further recommended the spacing requirement between electronic message signs to include 1000 feet. Ayes: Warren, Jaeckle, Holland, Durfee and Gecker. Nays: None. On motion of Mr. Gecker, seconded by Ms. Durfee, the Board adopted the following ordinance, as submitted: AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING AND RE-ENACTING SECTIONS 19-5 AND 19-633 RELATING TO ELECTRONIC MESSAGE CENTERS BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Sections 19-5 and 19-633 of the Code of the County of Chesterfield, 1997, as amended, are amended and re-enacted to read as follows: Sec. 19-5. Enforcement. 000 (6) If the director of planning determines that any person has violated this chapter or failed to comply with any condition of a zoning or development approval, then he shall serve upon that person a notice to comply by either: J J J 11-564 a. Delivering the notice to the person by hand; or b. Mailing the notice by first class mail to the last known address of the person. The notice shall set forth the nature of the violation or failure to comply. Upon failure of the person to remedy the violation, comply with the condition or receive an extension within ten days after the date of delivery or mailing of the notice, the person shall be subject to the penalties set forth above. With respect to violations or failures to comply involving portable signs, electronic message center signs, or the parking or display of motor vehicles, the person shall remedy the violation or comply with the condition within 24 hours of service of the notice or receive an extension, or the person shall be subject to the penalties above. 000 Sec. 19-633. General regulations. The following regulations apply to all signs, whether or not a sign permit is required, and are in addition to the regulations contained elsewhere in this article: 000 (b) A county sign permit is required for all signs in excess of eight square feet in area, unless otherwise provided in this chapter. A separate sign permit is required for all electronic .message center (EMC) signs. 000 (d) An application for a sign permit shall contain: 000 (5) An EMC sign permit application shall include documentation of a designated electrical control box servicing only the EMC, and documentation of the photocell providing an automatic change of the illuminative brightness between sunset and sunrise. (6) Information regarding other signs demonstrating compliance with the requirements of subsection (h) of this section; and (7) The filing fee. 000 (i) Anytime the holder of an EMC permit receives two (2) notices of violation within 12 months, the director of planning can suspend the EMC sign permit for a period of up to thirty (30) days. If the EMC permit holder receives any other notices of violation within 12 months of the end of the suspension period, the director of planning can suspend the EMC sign permit for a period of up to thirty (30) days for each additional violation. 11-565 During suspension of the permit, the EMC sign shall be disconnected from electric power. Ayes: Warren, Jaeckle, Holland, Durfee and Gecker. Nays: None. Ms. Jaeckle expressed appreciation to Mr. Grasewicz for his diligence writing letters and making phone calls related to the issue. 18.C. TO CONSIDER AN AMENDMENT TO THE COUNTY CODE RELATING TO LANDSCAPE MAINTENANCE BONDING Ms. Rogers 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 landscape maintenance bonding. She further stated as directed by the Board of Supervisors, the Planning Commission held a public hearing on a proposed code amendment relating to landscape maintenance bonding. She stated the current ordinance requires a developer to post surety, for a one-year period from initial occupancy, in an amount equal to fifty percent of the installation cost to cover the replacement of required landscaping which becomes unhealthy, is dying, dies or has been pollarded. She stated surety is not required for landscaping that has an initial cost of $1000 or less. She noted the development community indicated that very few local bonding agencies meet the requirements. She stated this amendment would continue to require the posting of a one-year surety, but allow, at the developer's option, submission of a guarantee from the landscape contractor and property owner that any required landscaping which becomes unhealthy, is dying, dies or has been pollarded within the first year of planting will be replaced. She stated in the instance of a warranty, should a contractor or property owner default, code enforcement can be used to bring a site into compliance as is done with landscaping issues beyond the initial year time period. She noted the Planning Commission suggested that the Board may wish to consider directing staff to evaluate the bonding requirements. She further noted staff concurs with the proposed ordinance amendment. Mr. Warren called for public comment. Mr. Brennen Keene, on behalf of the Chesterfield County Chamber of Commerce, stated he supports the ordinance amendment and believes the changes can be beneficial to the development community. Mr. Anil Patel stated eliminating the bonds will help the business community and reduce costs. He further stated landscape contractors usually warranty all materials for a one year time period. There being no one else to speak to the issue, the public hearing was closed. Mr. Gecker stated the proposal to allow the guarantee rather than the bond is reasonable. He further stated he can support a substitute for the bonding requirement. He directed staff to evaluate the policy to gain understanding. J J J 11-566 Mr. Gecker made a motion, seconded by Ms. Jaeckle, for the Board to adopt the ordinance as proposed. In response to Mr. Holland's question, Ms. Rogers stated the ordinance amendment only pertains to a site that develops not to an individual homeowner, whether it be a residential site, residential subdivision or commercial site. She further stated where landscaping is required, fifty percent of the cost has to be bonded for one year. Ms. Russell elaborated on the A rating and VII size in regards to bonding from an insurance company. Mr. Holland requested clarity in regards to the rating. He expressed concerns about the impact on future homeowners and their protection. He directed staff to compile historic data relative to proposed changes. Ms. Durfee stated the amendment applies to both residential and commercial. She expressed concerns regarding residential and developer obligations which may burden the homeowner. She also expressed concerns relative to encumbering staff. She further stated the current system works just fine and the proposal is not purposeful at this time. She also directed staff to evaluate the policy to gain further understanding. Ms. Rogers stated the proposed ordinance amendment would apply to both residential and non-residential. With respect to residential, she further stated the bonding only applies to landscaping from the date it is installed for a period of one year to ensure that if that landscaping dies, it will be replaced. She stated the ordinance will allow the developer to post the bond or provide a warranty from the property owner, who is the developer of the subdivision, and the landscape contractor who will ensure if the landscaping dies within the first year, it will be restored. She noted landscape contractors usually warranty all materials for a one-year time period. She also noted the requirement of 100 percent assurance on the contractor's side still remains in place. Discussion ensued relative to the purpose of bonding requirements. Ms. Jaeckle stated elimination of this small cost would help developers and they should not have to pay for a bond when there is already a warranty on the landscaping. Ms. Durfee stated the proposed amendment would give developers a choice between the warranty option and the bond. She expressed concerns relative to burdening the citizens neighborhood associations and the county to ensure that communities are protected by original development proposals of landscaping. She stated she understands the commercial aspect because of the larger bonding cost, but the residential bonding is not a high cost, and the county has not had a problem with it. Ms. Rogers clarified that the bond is released after a year if the landscape is alive. Ms. Durfee stated there is no one here from the development community, so she does not see it as a pressing issue. 11-567 Discussion ensued relative to the number and amount of the bonds posted between 2005 and 2010. Ms. Jaeckle again expressed concerns relative to double warranty. Mr. Holland stated his concern for the residential homeowner. Mr. Gecker stated since residential bonds would be smaller than commercial bonds, the risk would be minimal in regard to residential projects. Ms. Durfee stated the only way to hold developers to their obligations is through bonding. Mr. Warren called for a vote, on the motion of Mr. Gecker, seconded by Ms. Jaeckle, for the Board to adopt the ordinance as proposed. Ms. Durfee made a substitute motion for the Board to adopt the ordinance for commercial development and not residential. Mr. Holland seconded Ms. Durfee's substitute motion. Mr. Mincks stated the provisions pertain to site plans, not subdivision plans. Mr. Gecker stated the goal is to reduce the cost of developing in the county, whether it is residential or commercial. He further stated he does not agree with the idea there will be additional work for staff to maintain. Ms. Jaeckle stated there is no supplementary risk placed on businesses or the homeowner. Ms. Durfee expressed concerns regarding a lack of representation from the citizenry. Mr. Warren called for a vote on the motion of Ms. Durfee, seconded by Mr. Holland for the Board to adopt the following ordinance: AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING AND RE-ENACTING SECTION 19-518 OF THE ZONING ORDINANCE RELATING TO LANDSCAPE MAINTENANCE BONDS. BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Section 19-518 of the Code of the County of Chesterfield, 1997, as amended, is amended and re-enacted to read as follows: Chapter 19 ZONING 0 0 0 02-ARTICLE VII. DEVELOPMENT STANDARDS MANUAL 0 0 0 SUBDIVISION III. LANDSCAPING J J J 11-568 0 0 0 DIVISION 1. DEVELOPMENT STANDARDS 0 0 0 Secs. 19-518. Plant material specifications. 0 0 0 (e) Maintenance: (i) The owner or his agent shall be responsible for the maintenance, repair and replacement of all required landscaping materials. All plant material shall be tended and maintained in a healthy growing condition and free from refuse and debris at all times. All landscaped areas shall be provided with a readily available water supply; except that in I-2 or I-3 districts, a readily available water supply shall only be required in the setback along any public right-of-way, which accommodates or is intended to accommodate through traffic. Any of the following options may be used to eliminate part or all of the requirement for water availability to plant materials: (1) Using plants specified as having a low water need in the Chesterfield County Plant Materials List, (2) Plants located in stormwater management or BMP facilities, and/or (3) Provide a continuous maintenance, watering, and replacement program for plant materials with a reputable landscape maintenance company for a minimum of three years. Prior to the end of a year after completion of landscaping, each site shall be inspected by the planning department to verify that existing and/or new landscaping is in a healthy growing condition. All unhealthy, dying or dead plant materials or pollarded trees shall be replaced during the next planting season. (ii) Maintenance responsibilities of required street trees within a subdivision shall be specified on the final check plan and record plat to be the responsibility of the homeowners association. Street trees shall not be removed during or after residences are constructed.- Trees removed shall be replaced with a like species and in a size comparable to the original planting. (f) Installation and bonding requirements: (1) All landscaping shall be installed in accordance with professionally accepted landscaping practices and procedures. Landscaped areas shall be protected from vehicular encroachment by such means as, but 11-569 not limited to, wheel stops, concrete curbs or bituminous curbs. (2) A certificate of occupancy shall not be issued until either: (i) the required landscaping is completed in accordance with the approved landscape plan. or (ii) a form of surety satisfactory to the director of planning has been submitted in an amount equal to the costs of completing the required landscaping. This requirement shall not preclude the phasing of landscape installation as may be approved by the director of planning. (3) If surety has been submitted, required landscaping shall be installed by the first planting season following date of issuance of the surety or the surety may be forfeited to the county. (4) (a) For property subject to site plan review, to insure replacement of unhealthy, dying, dead or pollarded landscaping within the first year of installation for sites where the cost of required landscaping is more than $1000 (based on a landscape contractor's estimate satisfactory to the director of planning), one of the following shall be accomplished: (i) A form of surety, satisfactory to the director of planning in an amount equal to fifty (50) percent of the cost of initial installation of required landscaping shall be submitted to the Planning Department prior to the Planning Department's approval to occupy the site.;or (ii) The landscaper and the property owner shall provide a guarantee, in a form acceptable to the director of planning, to replace such landscaping within the first year of installation. Any transfer of property ownership shall be subject to the guarantee. (b) For property subject to subdivision plan review, to insure replacement of unhealthy, dying, dead or pollarded landscaping within the first year of installation for sites where the cost of required landscaping is more than $1000 (based on a landscape contractor's estimate satisfactory to the director of planning), a form of surety, satisfactory to the director of planning, in an amount equal to fifty (50) percent of the cost of initial installation of required landscaping, shall be submitted to the Planning Department. 000 J J J 11-570 (h) Street trees: During the site and subdivision construction plan review processes, and for a TND project during the overall development plan review process, required street trees shall be shown including species and caliper, and submitted to, and approved by, the director of planning and VDOT. 000 000 (2) That this ordinance shall become effective immediately upon adoption. Ayes: Warren, Holland, Durfee. Nays: Gecker and Jaeckle. 18.D. TO CONSIDER AN AMENDMENT TO THE COUNTY CODE RELATING TO THE ENCROACHMENT OF STORM WATER MANAGEMENT AND BEST MANAGEMENT PRACTICE FACILITIES INTO BUFFERS Ms. Rogers 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 the encroachment of storm water management and best management practice facilities into buffers. She further stated currently, the Ordinance prohibits such encroachments unless approved by the Planning Commission during plan review. She stated the proposed amendment would allow administrative approval of an encroachment provided it is staff's determination that the encroachment will not violate the spirit and intent of the required buffer. She stated the ordinance allows an appeal of the administrative decision to the Planning Commission without the necessity to pay an appeal fee. She further stated an aggrieved person, such as an adjacent property owner, would still be able to have their concerns addressed by the Planning Commission should they so desire. She further stated the Planning Commission recommended denial of the amendment, indicating that the current process allows a developer to seek reduction of required buffers from the Commission through the plans review process and affords those impacted by such a proposal immediate consideration through the public process, rather than an appeal procedure as suggested through the amendment. Mr. Warren called for. public comment. There being no one to speak to the issue, the public hearing was closed. In response to Mr. Gecker's question, Ms. Rogers stated the Planning Commission cannot initiate an appeal as the ordinance is currently written. Mr. Gecker recommended the proposal be remanded back to the Planning Commission with the idea of contemplating a process by which the Commission could also have input. Mr. Holland directed staff to compile figures in regards to residential fees. 11-571 Ms. Durfee concurred with Mr. Gecker's comments. Mr. Gecker made a motion, seconded by Ms. Durfee, for the Board to remand the proposal back to the Planning Commission with the direction to study the possibility of Commission intervention in the process of siting BMPs within buffers. Ayes: Warren, Jaeckle, Holland, Durfee and Gecker. Nays: None. 19. REMAINING MANUFACTURED HOME PERMITS AND ZONING REQUESTS There were no remaining requests for manufactured home permits and zoning requests. 20. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED MATTERS There were no requests to address the. Board at this time. 21. ADJOURNMENT On motion of Ms. Durfee, seconded by Mr. Warren, the Board adjourned at 9:30 p.m. until October 12, 2011 at 3:00 p.m. Ayes: Warren, Jaeckle, Holland, Durfee and Gecker. Nays: None. ~?,C4 ame St maier County Administrator Arthur S. Warren Chairman 11-572 J J J