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2011-10-26 MinutesBOARD OF SUPERVISORS MINUTES October 26, 2011 Supervisors in Attendance: Staff in Attendance: Mr. Arthur S. Warren, Chairman Ms. Dorothy A. Jaeckle, Vice Chrm Mr. James M. Holland Ms. Marleen K. Durfee Mr. Daniel A. Gecker Mr. James J. L. Stegmaier County Administrator Ms. Janice Blakley, Clerk to the Board Ms. Patsy Brown, Dir., Accounting Mr. Kevin Bruny, Chief Learning Officer Ms. Debbie Burcham, Exec. Dir., Community Services Board Mr. Allan Carmody, Dir., Budget and Management Ms. Jana Carter, Dir.,. Juvenile Services Mr. Barry Condrey, Chief Information Officer Mr. Roy Covington, Dir., Utilities Ms. Mary Ann Curtin, Dir., Intergovtl. Relations Mr. William Dupler, Dep. County Administrator, Community Development Colonel Thierry Dupuis, Police Department Mr. Lawrence C. Haake, III, Registrar Mr. John W. Harmon, Real Property Manager Mr. Garrett Hart, Development Manager Economic Development Mr. Donald Kappel, Dir., Public Affairs Mr. Rob Key, Director, General Services Mr. Louis Lassiter, Asst. County Administrator Mr. Michael Likins, Coop. Extension Director Ms. Mary Martin Selby, Dir., Human Resource Services Mr. R. John McCracken, Dir., Transportation Mr. Jeffrey L. Mincks, County Attorney Sheriff Dennis Proffitt, Sheriff's Department Deputy Chief Mark Sacra, Fire and EMS Ms. Sarah Snead, Dep. County Administrator, Human Services 11-597 Mr. Kirk Turner, Dir., Planning Mr. Mike Westfall, Dir., Internal Audit Mr. Rick Witt, Building Official Mr. Scott Zaremba, Dir., Human Resource Programs Mr. warren called the regularly scheduled meeting to order at 3:03 p.m. 1. APPROVAL OF MINUTES FOR OCTOBER 12, 2011 On motion of Mr. Holland, seconded by Ms. Jaeckle, the Board approved the minutes of October 12, 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 thanked the Police and Fire Departments and the other departments involved in helping make the President's visit to our county successful and safe. He stated the county also received positive recognition for the new zip code changes as Buford Road Fire Station is located in North Chesterfield. In regards to the Hurricane Irene aftermath, Mr. Stegmaier announced that both northern and southern convenience centers have returned to regular operating hours as visits have normalized. He stated to date the county had over 52,500 loads, for over 105,000 cubic yards total woody debris, which will be taken free of charge until October 31, 2011. 2.B. GREATER RICHMOND AQUATICS PARTNERSHIP PRESENTATION Mr. Bobby Ukrop, President of the Greater Richmond Aquatics Partnership, and Mr. Adam Kennedy, Executive Director of GRAP, updated the Board on the progress of the aquatics center regional facility in Chesterfield County. Mr. Ukrop stated the Greater Richmond Aquatics Partnership (CRAP) is a non-profit organization dedicated to elevating swimming as a life-long, participatory sport in the Richmond Region. He highlighted various organizations that have each brought unique sets of talents and resources to the project. He presented a design of the building, which will be 50,000 square feet with a 7,000 square foot Mezzanine Grandstand. He stated the primary grandstand provides an elevated vantage over the main pool for premier viewing of the competition. He further stated the show stopper in the facility will be the former Olympic trials pool from Omaha, Nebraska. He stated there will be a number of USA and Virginia swimming sanctioned events held at the aquatic center. He mentioned these events will be great revenue generators, as thousands of people will come from all over to compete . He stated the J J J 11-598 center will also offer learn-to-swim programs for the youth and adults of the region. Mr. Holland expressed appreciation to Mr. Ukrop for his profound leadership in regards to pulling five groups together to maintain the goal of the aquatic center. He stated he believes the Dale District is the center and heart of Chesterfield. He further stated this project will greatly impact economic development in this region. Ms. Jaeckle also thanked Mr. Ukrop for creating opportunities to teach children how to swim. Ms. Durfee expressed appreciation to Mr. Ukrop for continuing to give back to the community. Mr. Gecker stated it is important to teach youths about ways to positively change the community through active civic engagement. He further stated the aquatics center is not only a place to swim, but a place where lifestyles will change. He commended Mr. Ukrop for continuing to inspire people with the passion to impact the community in a positive way. Mr. Stegmaier stated the county is experiencing substantial success in the area of sports tourism. He highly praised Mr. Ukrop for creating a significant advancement for the health of the region. He stated he believes Chesterfield County will be recognized in the future as the. most active and healthiest community in the country. 2.C. MODEL COUNTY GOVERNMENT Mr. Stegmaier called forward Ms. Jana Carter, Director of Juvenile Services, to provide details of the event. Ms. Carter thanked county and school officials for allowing the students to shadow them and making this a successful program. She stated Model County Government is a collaborative effort between Youth Planning and Development, the Extension Office and Schools. The students and their advisors came forward and introduced themselves. Several of the students were seated with the Board members and County Administrator and participated in today's meeting. Mr. Stegmaier expressed appreciation to Ms. Carter, her team and county personal for allowing the students to shadow them for the day. He mentioned last night there was a session with the students addressing some very difficult School Board policies. He commended the students for an outstanding presentation. 3. BOARD MEMBER REPORTS There were no Board Member Reports at this time. 11-599 4. REQUESTS TO POSTPONE AGENDA ITEMS AND ADDITIONS, DELETIONS OR CHANGES IN THE ORDER OF PRESENTATION On motion of Ms. Durfee, seconded by Mr. Holland, the Board added Item 10.A., Closed Session Pursuant to Section 2.2- 3711 (A) (5) , Code of Virginia, 1950, as Amended, to Discuss a Prospective Business Locating in the County Where No Previous Announcement Has Been Made of the Business' Interest in Locating Its Facilities in the County. Ayes: Warren, Jaeckle, Holland, Durfee and Gecker. Nays: None. 5. RESOLUTIONS 5.A. RECOGNIZING MR. DAVID E. CONNER, UTILITIES DEPARTMENT, UPON HIS RETIREMENT Mr. Covington introduced Mr. David E. Conner, who was present to receive the resolution. On motion of Ms. Durfee, seconded by Mr. Holland, the Board adopted the following resolution: WHEREAS, Mr. David E. Conner will retire from Chesterfield County Utilities Department on November 1, 2011; and WHEREAS, Mr. Conner began his public service with Chesterfield County in 1972, working part time while attending classes at Virginia Commonwealth University, and was hired full time by the Chesterfield Utilities Department as a Utility Inspector on May 13, 1974; and WHEREAS, Mr. Conner was promoted several times within the Utilities Department and has served faithfully as the Assistant Water Operations Manager over maintenance in the Water Distribution section from 2006 until his retirement; and WHEREAS, Mr. Conner has managed the maintenance and repair of the water distribution system's infrastructure by utilizing his knowledge of repair techniques and experience to provide water service that is safe, reliable and environmentally sound; and WHEREAS, Mr. Conner continued to broaden his knowledge of water and wastewater systems through continued education at Virginia Tech, John Tyler Community College and J. Sargeant Reynolds Community College, as well as other training opportunities through the American Water Works Association; and WHEREAS, Mr. Conner was an active member of the American Water Works Association and served on the Accident Prevention and Safety Committee with the Virginia Section of this association; and WHEREAS, Mr. Conner was focused class customer service, consistently customer expectations by assuring that were served in an expeditious, cour on providing world- meeting or exceeding all customers' needs ~eous, effective and J J J 11-600 prompt manner and by taking full advantage of every customer's request for service as an opportunity to provide an excellent response; and WHEREAS, Mr. Conner continuously focused his efforts on providing personnel with the resources needed to perform their tasks effectively and efficiently while ensuring the financial integrity of the department; and WHEREAS, Mr. Conner was highly respected and liked by his peers and co-workers and developed many excellent working relationships with consulting engineers, contractors and state agencies; and WHEREAS, Mr. Conner willingly and faithfully worked endless hours during emergencies, on weekends and after normal working hours to ensure continued service to Chesterfield County's public water system customers; and WHEREAS, throughout his career with Chesterfield County, Mr. Conner displayed unparalleled dependability, aptitude, and good character and values. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 26th day of October 2011, publicly recognizes Mr. David E. Conner and extends on behalf of its members and the citizens of Chesterfield County, appreciation for over 37 years of exceptional service to the county. AND, BE IT FURTHER RESOLVED that a copy of this resolution be presented to Mr. Conner and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County. Ayes: Warren, Jaeckle, Holland, Durfee and Gecker. Nays: None. Ms. Jaeckle presented the executed resolution to Mr. Conner and congratulated him on his exceptional service to the customers of Chesterfield County. Mr. Conner, who was accompanied by his family, expressed appreciation for the recognition. Mr. Stegmaier presented Mr. Conner with an acrylic statue and county watch and expressed appreciation for his outstanding service to the county. 6. WORK SESSIONS 6.A. PROPOSED 2012 LEGISLATIVE PROGRAM Ms. Curtin presented the draft 2012 Legislative Program. She reviewed some issues that will impact the county's position during the 2012 General Assembly session, including the November election results; increasing uncertainty in state and national economy; impact of federal budget reductions on Virginia; Governor's Reform and Jobs Commissions recommendations; and Governor's Mandates Task Force. She stated this year the state will recalculate the K-12 funding formula and the local Composite Index. She highlighted some 11-601 of the challenging issues for localities in 2012, which included K-12 re-benchmarking/local composite index; continuing efforts to eliminate/restrict local revenue authority; additional state budget reductions/cost shifts; transportation funding/devolution of secondary roads; VRS; water quality funding; and continuing efforts to address the housing industry. She reviewed some on-going issues and concerns, which included unfunded mandates; state obligations for education funding; state and local tax structure; economic development; and transportation funding. She stated that staff recommends to the Board guiding principles for 2012 to include continually strengthening the AAA bond rating, financial independence and fiscal integrity of Chesterfield County; continually strengthen local authority over land use decisions; and continually strengthen local economic development competiveness. She highlighted some other legislative issues for the Board to consider, such as support for Richmond Regional and Crater Planning District Commissions' legislative agendas; oppose legislation eliminating or reducing the local machinery and tools tax or the Business Professional Occupational License (BPOL) Tax; and support efforts to increase the number of available intellectual disabilities waivers. She reviewed the calendar of important dates related to the 2012 session. In response to Mr. Gecker's question regarding the upcoming conference call with the Governor, Ms. Curtin stated she and Mr. Carmody will be preparing a list of unfunded mandates for an upcoming meeting with Mr. Stegmaier. Mr. Gecker stressed the importance of the Board voicing their concerns to the delegation. In response to Mr. Gecker's question regarding constant education funding, Ms. Curtin stated she will be working to make sure a fair share of state funding is provided to the county. Mr. Gecker stressed the importance of maintaining stability long term for all localities in regards to education funding. Mr. Gecker stated the Richmond Metropolitan Authority is going through an advance re-funding of their bonds with the intent of paying off debt to the city. He further stated it would be a good idea to include equalizing RMA membership on the county's agenda. He stated the RMA was unable to get legislative support to form a regional transportation authority because of the unequal membership. Mr. Warren reiterated Mr. Gecker's comments regarding equalization of RMA membership. Mr. Holland stated it is an ideal time to bring the RMA issue to light. He also stressed the importance of education funding from the state. He asked Ms. Curtin to keep the Board informed of any issues that may impact the county negatively. Ms. Durfee stated the VACo Board has been focused on certain key issues, specifically in regards to the Composite Index, transportation funding, and land use authority. She further stated she is looking forward to the next VACo meeting to move forward on a possible united front relative to certain challenging issues. She stated Virginia is at a crossroads in J J J 11-602 terms of impacts to local government. In regards to transportation funding, she stated there needs to be a strong dialogue with the delegation about possible options. Mr. Gecker reiterated Ms. Durfee's comments in regards to transportation funding. He stated it is imperative to be vigilant now. Mr. Warren commended Ms. Curtin on her informative presentation and experience representing the county. 7. DEFERRED ITEMS There were no Deferred Items at this time. 8. NEW BUSINESS A. APPOINTMENTS On motion of Ms. Durfee, seconded by Mr. Holland, the Board suspended its rules at this time to allow for simultaneous nomination/reappointment to the SAFE Board of Directors and the Board of Building Code Appeals. Ayes: Warren, Jaeckle, Holland, Durfee and Gecker. Nays: None. 8.A.1. SAFE BOARD OF DIRECTORS On motion of Ms. Durfee, seconded by Ms. Jaeckle, the Board simultaneously nominated/reappointed Mr. Imad Damaj as a member of the SAFE Board of Directors, representing the Clover Hill District, whose term is effective immediately and expires September 30, 2014. Ayes: Warren, Jaeckle, Holland, Durfee and Gecker. Nays: None. 8.A.2. BOARD OF BUILDING CODE APPEALS On motion of Ms. Durfee, seconded by Mr. Holland, the Board simultaneously nominated/reappointed Mr. Stephen P. Conner, Mr. Roland F. Jordan, Mr. James G. Kester, and Mr. C. Brown Pearson, III as members of the Board of Building Code Appeals, whose terms are effective November 1, 2011, and will expire October 31, 2014. Ayes: Warren, Jaeckle, Holland, Durfee and Gecker. Nays: None. 11-603 8.B. CONSENT ITEMS 8.B.1. ADOPTION OF RESOLUTIONS 8.B.l.a. RECOGNIZING CORPORAL JAMES F. KIDD, JR., POLICE DEPARTMENT, UPON HIS RETIREMENT On motion of Ms. Durfee, seconded by Ms. Jaeckle, the Board adopted the following resolution: WHEREAS, Corporal James F. Kidd, Jr. will retire from the Chesterfield County Police Department on November 1, 2011, after having provided 24 years of quality service to the citizens of Chesterfield County; and WHEREAS, Corporal Kidd has faithfully served the county in the capacities of police officer, senior, master and career officer, career detective and corporal; and WHEREAS, during his tenure with the Chesterfield County Police Department, Corporal Kidd served in numerous assignments to include field training officer, general instructor, firearms instructor, defensive tactics instructor, crash team officer, and polygraph examiner; and WHERES, Corporal Kidd was the recipient of a Life Saving Award for his actions in removing an unresponsive individual at a crime scene from further harm while placing himself in a potentially dangerous situation, and due to his efforts, medical personnel were able to provide treatment; and WHEREAS, Corporal Kidd was presented with a Certificate of Achievement for his exceptional role as a School Resource Officer at Perrymont Middle School, where he became deeply involved in the welfare of his students and their families, providing many acts of kindness that ranged from adopting two families for Christmas to delivering food and clothing to families in need, and he developed a strong bond with the students, helping them to grow personally and providing a positive image of police officers; and WHEREAS, Corporal Kidd 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, Corporal Kidd received a Commendation Award for his prompt response and teamwork which led to the apprehension of suspects involved in fraudulent activities in Chesterfield County; and WHEREAS, Corporal Kidd is the second most senior polygraph examiner in the Criminal Investigations division and has served as a field training officer for a new examiner trainee; and WHEREAS, Corporal Kidd is a member of the Virginia Polygraph Association, the American Association of Police Polygraphists, and was a participant in the Metro Richmond Fraud and Identify Theft Task Force; and J J 11-604 WHEREAS, Corporal Kidd served as a member of the Chief's Council, Police Department Quality Council, and Adverse Weather Committee; and WHEREAS, Corporal Kidd has received numerous letters of commendation, thanks and appreciation from the citizens of Chesterfield County for service rendered; and WHEREAS, Corporal Kidd 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 Kidd's diligent service. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes Corporal James F. Kidd, Jr., 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.B.l.b. DEPARTMENT, UPON HIS RETIREMENT RECOGNIZING CORPORAL GALEN B. HARTLESS, POLICE On motion of Ms. Durfee, seconded by Ms. Jaeckle, the Board adopted the following resolution: WHEREAS, Corporal Galen B. Hartless will retire from the Chesterfield County Police Department on November 1, 2011, after having provided 28 years of quality service to the citizens of .Chesterfield County; and WHEREAS, Corporal Hartless has faithfully served the county in the capacity of Police officer, investigator, detective, detective first class, senior, master, career detective; and corporal; and WHEREAS, Corporal Hartless has held numerous assignments to include field training officer, desk officer, evidence technician, breathalyzer operator and has served as a member of the Marine Patrol and South End Task Force; and WHEREAS, Corporal Hartless. was the recipient of a Chief's Commendation Award for the investigation of an extremely difficult case involving threatening telephone calls to children, and his dedicated efforts led to the identification and arrest of the suspect; and WHEREAS, Corporal Hartless has mastered the duties and responsibilities as of the Asset Forfeiture Coordinator, a position in which he has served for over ten years; and WHEREAS, Corporal Hartless assisted with the development of the Department of Criminal Justice Services Forfeited Assets Shared Program Manual; and WHEREAS, while serving as Asset Forfeiture Coordinator, Corporal Hartless has fostered and maintained an excellent 11-605 working relationship with many agencies to include the Department of Criminal Justice Services, the Commonwealth Attorney's Office, financial institutions, and the Internal Revenue Service, and this established rapport has been of tremendous benefit to the department and the County of Chesterfield; and WHEREAS, Corporal Hartless has received numerous letters of commendation, thanks and appreciation from the citizens of Chesterfield County for service rendered; and WHEREAS, Corporal Hartless 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 Hartless' diligent service. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes Corporal Galen B. Hartless, 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.B.l.c. RECOGNIZING BOY SCOUTS UPON ATTAINING THE RANK OF EAGLE SCOUT On motion of Ms. Durfee, seconded by Ms. Jaeckle, the Board adopted the following resolution: WHEREAS, the Boy Scouts of America was incorporated by Mr. William D. Boyce on February 8, 1910, and was chartered by Congress in 1916; and WHEREAS, the Boy Scouts of America was founded to build character, provide citizenship training and promote physical fitness; and WHEREAS, after earning at least twenty-one merit badges in a wide variety of skills including leadership, service and outdoor life, serving in a leadership position in a troop, carrying out a service project beneficial to his community, being active in the troop, demonstrating Scout spirit, and living up to the Scout Oath and Law, Mr. Nathan Walker Pace, Mr. Coleman DeHoff and Mr. Zachary John Kaldy, all of Troop 806, sponsored by Woodlake United Methodist Church, have accomplished those high standards of commitment and have reached the long-sought goal of Eagle Scout, which is received by only four percent of those individuals entering the Scouting movement; and WHEREAS, growing through his experiences in Scouting, learning the lessons of responsible citizenship, and endeavoring to prepare themselves for a role as leaders in society, Nathan, Coleman and Zachary have distinguished themselves as members of a new generation of prepared young citizens of whom we can all be very proud. J J J 11-606 NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors hereby extends its congratulations to Mr. Nathan Walker Pace, Mr. Coleman DeHoff and Mr. Zachary John Kaldy and acknowledges the good fortune of the county to have such outstanding young men as its citizens. Ayes: Warren, Jaeckle, Holland, Durfee and Gecker. Nays: None. 8.B.2. STATE ROAD ACCEPTANCES On motion of Ms. Durfee, 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 street meets the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation. NOW, THEREFORE, BE IT RESOLVED, that. this Board requests the Virginia Department of Transportation to add the street described below, to the secondary system of state highways, pursuant to Section 33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements. AND, BE IT FURTHER RESOLVED, that this Board guarantees a clear and unrestricted right-of-way, as described, and any necessary easements for cuts, fills and drainage. 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: Wellington Farms Section F, a portion of Type Change to the Secondary System of State Highways: Addition Reason for Change: New subdivision street Pursuant to Code of Virginia Statute: §33.1-229 Street Name and/or Route Number • Chippoke Road, State Route Number 7329 From: Kriserin Circle, (Route 5353) To: Temp end of maintenance, a distance of: 0.15 miles. Recordation Reference: Pb. 189, Pg. 69 Right of Way width (feet) = 50 And, further, the Board adopted the following resolution: WHEREAS, the streets described below are shown on plats recorded in the Clerk's Office of the Circuit Court of Chesterfield County; and 11-607 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: Charleston Estates 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 • Charles Towne Road, State Route Number 7585 From: Stigall Drive, (Route 759) To: Old Exchange Place, (Route 7586), a distance of: 0.05 miles. Recordation Reference: Pb. 173, Pg. 71 Right of Way width (feet) = 50 • Old Exchange Place, State. Route Number 7586 From: Charles Towne Road, (Route 7585) To: Cul-de-sac, a distance of: 0.05 miles. Recordation Reference: Pb. 173, Pg. 71 Right of Way width (feet) = 40 • Charles Towne Road, State Route Number 7585 From: Old Exchange Place, (Route 7586) To: Cul-de-sac, a distance of: 0.16 miles. Recordation Reference: Pb. 173, Pg. 71 Right of Way width (feet) = 40 Ayes: Warren, Jaeckle, Holland, Durfee and Gecker. Nays: None. 8.B.3. APPROVAL OF LEASE OF PROPERTY FROM CS DEVELOPMENT, INCORPORATED FOR USE BY THE COUNTY REGISTRAR'S OFFICE On motion of Ms. Durfee, seconded by Ms. Jaeckle, the Board authorized the County Administrator to execute a lease of property from CS Development, Incorporated for use by the County Registrar's Office. (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. J J J 11-608 8.B.4. ACCEPTANCE OF PARCELS OF LAND 8.B.4.a. ALONG EAST HUNDRED ROAD FROM DEAN COMPANY, LLC On .motion of Ms. Durfee, seconded by Ms. Jaeckle, the Board accepted the conveyance of a parcel of land containing 0.013 acres along East Hundred Road from Dean Company, LLC .and authorized the County Administrator to execute the deed. (It is noted a copy of the plat is filed with the papers of this Board . ) Ayes: Warren, Jaeckle, Holland, Durfee and Gecker. Nays: None. 8.B.4.b. COMPANIES, LLC ALONG CHESTER VILLAGE DRIVE FROM EMERSON-ROPER On motion of Ms. Durfee, seconded by Ms. Jaeckle, the Board accepted the conveyance of a parcel of land containing 0.238 acres along Chester Village Drive from Emerson-Roper Companies, LLC and authorized the County Administrator to execute the deed. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Warren, Jaeckle, Holland, Durfee and Gecker. Nays: None. 8.B.4.c. ALONG EAST HUNDRED AND INGE ROADS AND FOR THE COMPANY II, LLC EXTENSION OF JOHNSON CREEK DRIVE FROM ENON LAND On motion of Ms. Durfee, seconded by Ms. Jaeckle, the Board accepted the conveyance of a parcel of land containing 0.494 acres along East Hundred and Inge Roads and for the extension of Johnson Creek Drive from Enon and Company II, LLC and authorized the County Administrator to execute the deed. (It is noted a copy of the plat is filed with the papers of this Board . ) Ayes: Nays: 8.B.5. Warren, Jaeckle, Holland, Durfee and Gecker. None. FUNDS FROM THE DEPARTMENT OF CRIMINAL JUSTICE SERVICES FOR THE CHESTERFIELD COUNTY SHERIFF'S OFFICE AUTHORIZE THE RECEIPT AND APPROPRIATION OF GRANT BRIDGE SUBSTANCE ABUSE TREATMENT PROGRAM On motion of Ms. Durfee, seconded by Ms. Jaeckle, the Board authorized the receipt and appropriation of $89,322 in grant funds from the Residential Substance Abuse Treatment Grant to partially fund one Mental Health Senior Clinician position and one Mental Health Case Manager position to support the BRIDGE Substance Abuse Treatment Program. Ayes: Warren, Jaeckle, Holland, Durfee and Gecker. Nays: None. 11-609 8.B.6. DESIGNATION OF FY2013 CHESTERFIELD REVENUE SHARING PROJECTS On motion of Ms. Durfee, seconded by Ms. Jaeckle, the Board adopted the following resolution designating projects as the county's FY2013 Revenue Sharing projects, totaling $20 million: WHEREAS, Section 33.1-23.05 of the Code of Virginia permits the Commonwealth Transportation Board to make an equivalent matching allocation to any County for designations by the governing body of up to $10,000,000 in funds received by it during the current fiscal year for use by the Commonwealth Transportation Board to construct, maintain, or improve primary and secondary highway systems within such County; WHEREAS, the Chesterfield County Board of Supervisors will make available $10 million for the Chesterfield Revenue Sharing Program with the adoption of the FY2013 Appropriation Resolution and other Board action; and WHEREAS, the Virginia Department of Transportation has notified the county that $10 million is the maximum amount of Chesterfield County funds that can be matched by the state during FY2013. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors appropriates and/or transfers $10 million to be matched by the State for the FY2013 Chesterfield Revenue Sharing Program. AND, BE IT FURTHER RESOLVED that the matched funds be allocated to the following projects: $765,093 Swift Creek Middle School/Clover Hill High School Sidewalk Preliminary Engineering, Right-of-way and Construction $382,546.50-VDOT and $382,546.50- County $1,234,907 Midlothian Road and Sidewalk Improvements Preliminary Engineering, Right-of-way and Construction $617,453.50-VDOT and $617,453.50- County $2,500,000 Route 360 (Winterpock Road to Woodlake Village Parkway) Widening Preliminary Engineering, Right-of-way and Construction $1,250,000-VDOT and $1,250,000- County $4,000,000 Route 10 (Route 1 to I-95) Widening Preliminary Engineering, Right-of-way and Construction $2,000,000-VDOT and $2,000,000- County $500,000 Midlothian Sidewalk Preliminary Engineering, Right-of-way and $250,000-VDOT and $250,000-County $500,000 Cogbill Road (Meadowbrook High School to Howell Drive) Sidewalk J J J 11-610 Preliminary Engineering, Right-of-way and Construction $250,000-VDOT and $250,000-County $200,000 Route 10, Village of Chester, Pedestrian Improvements Preliminary Engineering, Right- of-way and Construction $100,000-VDOT and $100,000-County $300,000 Osborne Road (Cliff Lawn Drive to Wilton\ Drive) Sidewalk Preliminary Engineering, Right-of-way and Construction $150,000-VDOT and $150,000-County $10,000,000 Route 60 (Courthouse Road to Old Buckingham Road) Widening, Phase II Preliminary Engineering, Right-of-way and Construction $5,000,000-VDOT and $5,000,000-County And, further, the Board approved the following actions: 1. Upon notification from VDOT, appropriate and/or transfer funds in the amount sufficient to match the actual funding provided by VDOT; 2. Authorized the County Administrator to enter into the necessary county/VDOT agreements/contracts, permits/ mitigation agreements, and surety agreements, acceptable to the County Attorney, for the projects; 3. Authorized the County Administrator to proceed with the design and right-of-way acquisition, including advertisement of an eminent domain public hearing, if necessary; 4. Authorized the Chairman of the Board of Supervisors and County Administrator to execute easement agreements for relocation of utilities; and 5. Authorized the County Administrator to proceed with the advertisement for construction of the projects. Ayes: Warren, Jaeckle, Holland, Durfee and Gecker. Nays: None. 9. REPORTS 9.A. REPORT ON DEVELOPER WATER AND SEWER CONTRACTS 9.B. REPORT ON STATUS OF GENERAL FUND BALANCE, RESERVE FOR FUTURE CAPITAL PROJECTS, DISTRICT IMPROVEMENT FUNDS AND LEASE PURCHASES On motion of Ms. Durfee, seconded by Mr. Holland, the Board accepted the following reports: a Report on Developer water and Sewer Contracts; and a Report of 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. 11-611 10. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED MATTERS Ms. Julia Williams, President of the Chesterfield County Fair Association, presented a donation from the association to the Fire Department for its CARES Program. 10.A. CLOSED SESSION PURSUANT TO SECTION 2.2-3711(A)(5), CODE OF VIRGINIA, 1950, AS AMENDED, TO DISCUSS A PROSPECTIVE BUSINESS LOCATING IN THE COUNTY WHERE NO PREVIOUS ANNOUNCEMENT HAS BEEN MADE OF THE BUSINESS' INTEREST IN LOCATING ITS FACILITIES IN THE COUNTY On motion of Ms. Durfee, seconded by Mr. Gecker, the Board went into closed section pursuant to Section 2.2-3711(A)(5), Code of Virginia, 1950, as amended, to discuss a prospective business locating in the county where no previous announcement has been made of the business' interest in locating its facilities in the county. Ayes: Warren, Jaeckle, Holland, Durfee and Gecker. Nays: None. Mr. Gecker acknowledged the roles of the directors of county departments who were in the audience and asked them to stand to be recognized. Mr. Holland presented information regarding i-Civics, an interactive game that will benefit schools, communities and libraries to improve education and assist with financial literacy. Reconvening: On motion of Ms. Durfee, seconded by Mr. Holland, the Board adopted the following resolution: WHEREAS, the Board of Supervisors has this day adjourned into Closed Session in accordance with a formal vote of the Board and in accordance with the provisions of the Virginia Freedom of Information Act; and WHEREAS, the Virginia Freedom of Information Act effective July 1, 1989 provides for certification that such Closed Session was conducted in conformity with law. NOW, THEREFORE BE IT RESOLVED, the Board of Supervisors does hereby certify that to the best of each member's knowledge, i) only public business matters lawfully exempted from open meeting requirements under the Freedom of Information Act were discussed in the Closed Session to which this certification applies, and ii) only such business matters were identified in the Motion by which the Closed Session was convened were heard, discusses, or considered by the Board. No member dissents from this certification. The Board being polled, the vote was as follows: Mr. Gecker: Aye. Mr. Holland: Aye. Ms. Durfee: Aye. Ms. Jaeckle: Aye. Mr. Warren: Aye. J J J 11-612 11. DINNER On motion of Ms. Durfee, seconded by Mr. Holland, the Board recessed to Room 303, for dinner. Ayes: Warren, Jaeckle, Holland, Durfee and Gecker. Nays: None. Reconvening: 12. INVOCATION Mr. Holland gave the invocation. 13. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Eagle Scout Mikey Stough led the Pledge of Allegiance. 14. RESOLUTIONS 14.A. RECOGNIZING THE HEROIC ACTIONS OF THE DEPARTMENT OF FIRE AND EMERGENCY MEDICAL SERVICES' SCUBA RESCUE TEAM Chief Sacra introduced Captain Gerald Pruden, Lieutenant Joel Britt, Firefighter Bryce Ford and Firefighter Gene Ledlie who were all present to receive the resolution. On motion of Mr. Holland, seconded by Ms. Durfee, the Board adopted the following resolution: WHEREAS, the mission of the Department of Fire and Emergency Medical Services is to protect life, property and the environment; and WHEREAS, the members of the Department of Fire and EMS continually train on the knowledge, skills and abilities required to provide the highest level of emergency services to the citizens of Chesterfield County, Virginia; and WHEREAS, an elite group of members of the department have dedicated much of their career to attend thousands of hours of specialty training, allowing them to be active members of the department's SCUBA Rescue Team, responding to water emergencies in Chesterfield County, as well as across the Commonwealth of Virginia; and WHEREAS, on September 8, 2011, at 11:13 pm, the Department of Fire and EMS answered a Statewide Mutual Aid Request to respond a swift-water rescue team to Westmoreland County, Virginia, as a result of severe flooding conditions in the jurisdiction; and WHEREAS, the department immediately answered the request and responded SCUBA Rescue 214 and Boat 14, staffed by SCUBA Rescue members Captain Gerald Pruden from the Training and Education Unit, and Lieutenant Joel Britt, Firefighter Bryce 11-613 Ford and Firefighter Gene Ledlie, all from Fire/Rescue Station 14, "B" Shift; and WHEREAS, after arriving at the Oak Grove Volunteer Fire Department, Station #4, in Westmoreland County, Virginia, at 1:15 am on September 9, 2011, the SCUBA Rescue Team was immediately requested by the Town of Colonial Beach, Virginia, Fire Department, to assist in the rescue of a firefighter, an emergency medical technician and two citizens, all in imminent danger, having been in the swift moving flood waters for over an hour and a half, each clinging to small bamboo trees, approximately 75 feet from the shoreline; and WHEREAS, with Captain Pruden directing SCUBA Rescue operations from the shore, SCUBA Boat 14 was launched to make the rescues, with Firefighter Ledlie driving the rescue boat and Firefighter Ford positioned in the bow of the boat; and WHEREAS, Lieutenant swam against the current was clinging onto the against a tree with one placement of a personal and Britt entered the flood waters and to the first victim, a civilian, who bamboo reeds, stabilized himself hand, and assisted the victim with lotation device with the other hand; WHEREAS, once the personal flotation device was in place, Lieutenant Britt swam the victim to SCUBA Boat 14, where Firefighter Ford assisted in getting her into the boat; and WHEREAS, Firefighter Ford handed Lieutenant Britt another personal flotation device, and he made his way through the flood waters to the second victim, a volunteer firefighter, and upon reaching the firefighter, who was still wearing his turn-out coat, Lieutenant Britt requested that he remove the coat so he could get the personal flotation device on the victim; and WHEREAS, due to the flood conditions, the firefighter could not remove the coat, and with time being critical, Lieutenant Britt made the decision to swim the victim back to the boat, where Firefighter Ford assisted in getting the firefighter into the boat and placing a personal flotation device on him; and WHEREAS, with all SCUBA Team members and two victims in the boat, Firefighter Ledlie then maneuvered the boat through the flood waters into a position that the third victim, an emergency medical technician, could be pulled safely into the boat by the SCUBA Team members; a personal flotation device was placed on the third victim; and all three victims were transported to shore and handed off to an awaiting Medic Unit for treatment. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 26th day of October 2011, publicly recognizes the members of the SCUBA Rescue Team, on behalf of the citizens of Chesterfield County, for their dedication and commitment to the citizens of Chesterfield County, along with those across the Commonwealth of Virginia. J J 11-614 AND, BE IT FURTHER RESOLVED that a copy of this resolution be presented to the members of the SCUBA Rescue Team 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 resolutions to the members of the SCUBA Team and commended them on their bravery and dedication to the county. Captain Pruden expressed appreciation to the Board for the recognition. Mr. Stegmaier highly praised the members of the SCUBA Team for their courageous efforts. 14.B. RECOGNIZING NOVEMBER 2011 AS "PANCREATIC CANCER AWARENESS MONTH" IN CHESTERFIELD COUNTY Mr. Kappel introduced Mr. Mark Madison and others, who were present to receive the resolution on behalf of the Pancreatic Cancer Action Network. On motion of Mr. Holland, seconded by Mr. Warren, the Board adopted the following resolution: WHEREAS, an estimated 44,030 people will be diagnosed with pancreatic cancer this year in the United States and 37,660 will die from the disease; and WHEREAS,, pancreatic cancer is one of the deadliest cancers and is the fourth leading cause of cancer death in the United States; and WHEREAS, when symptoms of pancreatic cancer present themselves, it is usually too late for an optimistic prognosis, and 74 percent of pancreatic cancer patients die within the first year of their diagnosis while 94 percent of pancreatic cancer patients die within the first five years; and WHEREAS, of all the racial/ethnic groups in the United States, African Americans have the highest incidence rate of pancreatic cancer, between 34 percent and 70 percent higher than the other groups; and WHEREAS, approximately 950 deaths will occur in the Commonwealth of Virginia in 2011; and WHEREAS, there is no cure for pancreatic cancer, and there have been .no significant improvements in survival rates in the last 40 years; and WHEREAS, the federal government invests significantly less money in pancreatic cancer research than it does in any of the other leading cancer killers, and pancreatic cancer research constitutes only approximately two percent of the National Cancer Institute's federal research funding, a 11-615 figure far too low given the severity of the disease, its mortality rate, and how little is known about how to arrest it; and WHEREAS, the Pancreatic Cancer Action Network is the first and only national patient advocacy organization that serves the pancreatic cancer community in Chesterfield County and nationwide by focusing its efforts on public policy, research funding, patient services, and public awareness and education related to developing effective treatments and a cure for pancreatic cancer; and WHEREAS, the Pancreatic Cancer Action Network and its affiliates in Chesterfield County support those patients currently battling pancreatic cancer, as well as those who have lost their lives to the disease, and are committed to nothing less than a cure; and WHEREAS, the good health and well-being of the residents of Chesterfield County are enhanced as a direct result of increased awareness about pancreatic cancer and research into early detection, causes, and effective treatments. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 26th day of October 2011, publicly recognizes the month of November 2011 as "Pancreatic Cancer Awareness Month" in Chesterfield County and calls this recognition to the attention of all its citizens. Ayes: Warren, Jaeckle, Holland, Durfee and Gecker. Nays: None. Ms. Durfee presented the executed resolution to Mr. Madison and expressed appreciation for public awareness and continued involvement towards the cause. Ms. Liz Rupp and Ms. Connie Madison, survivors of pancreatic cancer, expressed appreciation for the opportunity to educate the public on the issue. 14.C. RECOGNIZING MR. MICHAEL DAVID STOUGH, JR. UPON ATTAINING THE RANK OF EAGLE SCOUT Mr. Kappel introduced Mr. Michael David Stough, Jr., who was present to receive the resolution. On motion of Mr. Holland, seconded by Ms. Durfee, the Board adopted the following resolution: WHEREAS, the Boy Scouts of America was incorporated by Mr. William D. Boyce on February 8, 1910, and was chartered by Congress in 1916; and WHEREAS, the Boy Scouts of America was founded to build character, provide citizenship training and promote physical fitness; and WHEREAS, after earning at least twenty-one merit badges in a wide variety of skills including leadership, service and outdoor life, serving in a leadership position in a troop, carrying out a service project beneficial to his community, being active in the troop, demonstrating Scout spirit, and J J J 11-616 living up to the Scout Oath and Law, Mr. Michael David Stough, Jr., Troop 1891, sponsored- by Bon Air United Methodist Church, has accomplished those high standards of commitment and has reached the long-sought goal of Eagle Scout, which is received by only four percent of those individuals entering the Scouting movement; and WHEREAS, growing through his experiences in Scouting, learning the lessons of responsible citizenship, and endeavoring to prepare himself for a role as a leader in society, Mikey has distinguished himself as a member of a new generation of prepared young citizens of whom we can all be very proud. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 26th day of October 2011, hereby extends its congratulations to Mr. Michael David Stough, Jr., and acknowledges the good fortune of the county to have such an outstanding young man as its citizen. Ayes: Warren, Jaeckle, Holland, Durfee and Gecker. Nays: None. Mr. Gecker presented the executed resolution and patch to Mr. Stough, accompanied by his parents, congratulated him on his outstanding achievements, and wished him well in future endeavors. Mr. Stough provided details of his Eagle Scout project and expressed appreciation to his parents and others for their support. 15. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED MATTERS Mr. Bob Olsen expressed concerns relative to county ordinances not being enforced. Mr. Warren asked the County Administrator to investigate further on the matter. 16. REQUESTS FOR MANUFACTURED HOME PERMITS AND REZONING PLACED ON THE CONSENT AGENDA TO BE HEARD IN THE FOLLOWING ORDER: - WITHDRAWALS/DEFERRALS - CASES WHERE THE APPLICANT ACCEPTS THE RECOMMENDATION AND THERE IS NO OPPOSITION - CASES WHERE THE APPLICANT DOES NOT ACCEPT THE RECOMMENDATION AND/OR THERE IS PUBLIC OPPOSITION WILL BE HEARD AT SECTION 18 11SN0251 In Midlothian Magisterial District, Village Associates, LLC requests conditional use planned development approval and amendment of zoning district map to permit an off-track betting facility in a Community Business (C-3) District on 5 acres fronting 60 feet on the east line of Mount Pisgah Drive, 300 feet north of Midlothian Turnpike. Density will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for village shopping district. Tax ID 731-708-4522. 11-617 Mr. Turner presented a summary of Case 11SN0251 and stated the applicant has requested a deferral until November 30, 2011. Ms. Carrie Coyner, representing the applicant, stated her client was not able to attend the meeting and asked the Board to defer the case. Mr. Warren called for public comment. There being no one to speak to the request, the public hearing was closed. Mr. Gecker made a motion, seconded by Ms. Durfee, for the Board to defer Case 11SN0251 until November 30, 2011. Ayes: Warren, Jaeckle, Holland, Durfee and Gecker. Nays: None. 11SN0250 (Amended) In Bermuda Magisterial District, Melvin Fisher requests conditional use approval and amendment of zoning district map to permit display sheds, garages, carports and house sales including "shell" house sales in Agricultural (A) District on 1.1 acres located in the southeast corner of Jefferson Davis Highway and Pinehurst Street. Density will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for regional mixed use. Tax IDs 795-664-7592; 795-665-6610, 7102 and 8407. Mr. Turner presented a summary of Case 11SN0250 and stated both the Planning Commission and staff recommended approval and acceptance of the proffered conditions. Mr. Dean Hawkins, representing the applicant, accepted the recommendation. Mr. Warren called for public comment. Mr. Bill Baker expressed concerns regarding the appropriateness of referencing the draft Comprehensive Plan in the .staff report. Ms. Jaeckle stated the recommendations are based on the current Comprehensive Plan. There being no one else to speak to the request, the public hearing was closed. Ms. Jaeckle made a motion, seconded by Mr. Gecker, for the Board to approve Case 11SN0250 and accept the following proffered conditions: 1. There shall be no direct vehicular access from the property to Route 1/301 or Pinehurst Street. (T) 2. Display sheds, garages, carport and houses sales including "shell" houses sales shall be permitted subject to the following restrictions: J J J 11-618 a. This use shall be granted for a period not to exceed ten (10) years from the date of approval and shall be limited to Melvin L. Fisher's use only and shall not be transferable nor run with the land. b. No goods shall be produced on the premises for retail sale. c. All display areas, buildings, drives and parking areas shall have a minimum twenty-five (25) foot setback from the ultimate right-of-way of Route 1/301. Within this setback, landscaping shall be provided in accordance with Zoning Ordinance requirements for perimeter landscaping B. Within fourteen (14) days of approval of this request, a phasing plan for the installation of this landscaping shall be reviewed and approved by the Planning Department. d. Such use shall comply with the development requirements of the Zoning Ordinance for the Jefferson Davis Highway Corridor. e. The only improvements permitted shall be the placement of display sheds, garages, carports and shell houses for sale, driveways, parking areas and required landscaping as stated herein; provided that the display sheds, garages, carports and shell houses for sale are self-supporting or self- contained units without permanent foundations that are capable of being easily removed intact from the site. (P) Ayes: Warren, Jaeckle, Holland, Durfee and Gecker. Nays: None. 12CW0110 In Bermuda Magisterial District, Colony Village, LLC, requests an exception to Section 19-232 of the Chesapeake Bay Preservation Act requirements of the Zoning Ordinance to permit encroachment into the Resource Protection Area (RPA) buffer along an unnamed tributary to Proctors Creek as a result of grading and construction related to a stormwater facility, buildings, parking and associated appurtenances. The property is located at 10200 and 10220 Jefferson Davis Highway, which is within the Proctors Creek drainage basin. Tax IDs 794-665- Part of 8176; and 794-666- Part of 6515. Mr. Turner presented a summary of Case 12CW0110 and stated both the Planning Commission and staff recommended approval subject to the conditions. Ms. Carrie Coyner, representing the applicant, requested approval. Mr. Warren called for public comment. There being no one to speak to the request,' the public hearing was closed. 11-619 Ms. Jaeckle made a motion, seconded by Mr. Holland, for the Board to approve Case 12CW0110, subject to the findings in the staff report and the following conditions: 1. The mitigation measures outlined in the document titled Colony Village Apartments - Major Water Quality Impact Assessment, prepared by Highmark Engineering, LLC dated January 14, 2009 and last revised August 19, 2011 shall be incorporated and implemented during the plan review process. (EE) 2. The Department of Environmental Engineering may approve alternative mitigation measures if it is determined that such alternatives will not increase impacts to the RPA or downstream water bodies. (EE) (NOTE: Approval of this exception is for encroachment into the RPA buffer only and does not guarantee development of the site as explicitly proposed in the WQIA referenced in Condition 1 above. Development of the site is subject to all ordinance requirements, review processes, and/or other requirements currently adopted at the time of plans review.) Ayes: Warren, Jaeckle, Holland, Durfee and Gecker. Nays: None. 12SN0104 In Bermuda Magisterial District, Richard Smith requests conditional use approval and amendment of zoning district map to permit an animal shelter in a Community Business (C-3) District known as 13500 Jefferson Davis Highway. Density will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for community commercial/mixed use corridor. Tax ID 799-649- Part of 5172. Mr. Turner presented a summary of Case 12SN0104 and stated both the Planning Commission and staff recommended approval subject to the conditions. Mr. Richard Smith accepted the conditions. Mr. Warren called for public comment. There being no one to speak to the request, the public hearing was closed. Ms. Jaeckle expressed appreciation to the applicant for opening an animal rescue shelter. Ms. Jaeckle then made a motion, seconded by Mr. Holland, for the Board to approve Case 12SN0104, subject to the following conditions: 1. This conditional use shall be granted to Richard Smith, exclusively, and shall not be transferred or run with the land. (P) 2. This conditional use shall be limited to the operation of a rescue shelter for a maximum of forty (40) cats. (P) J J J 11-620 3. All areas associated with the keeping of animals shall be cleaned on a regular basis to eliminate odors and the proliferation of insects. (P) Ayes: Warren, Jaeckle, Holland, Durfee and Gecker. Nays: None. ~~cNn~i2 In Clover Hill Magisterial District, Chesterfield County Planning Commission proposes amendment of conditional use planned development (Case 07SN0365) and amendment of zoning district map relative to access in a Residential Townhouse (R-TH) District on 17.3 acres fronting 790 feet on the north line and 360 feet on the south line of Ladino Lane, west of Amberleigh Boulevard. Density will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for mixed use corridor. Tax IDs 751-687-3263 and 6883. Mr. Turner presented a summary of Case 12SN0112 and stated both the Planning Commission and staff recommended approval subject to the condition. As agent for the request, he requested the Board's approval. Mr. Warren called for public comment. Mr. Bill Baker expressed concerns regarding the appropriateness of referencing the draft Comprehensive Plan in the staff report. Ms. Jaeckle stated the recommendations are based on the current Comprehensive Plan. There being no one else to address the request, the public hearing was closed. Mr. Warren made a motion, seconded by Mr. Holland, for the Board to approve Case 12SN0112, subject to the following condition: With the approval of this request, Condition 13 of Case 07SN0365 shall be modified as follows: There shall be no direct vehicular access or driveways from the property to Hull Street Road. (T) (Note: All other conditions of Case 07SN0365 shall remain in force and effect). Ayes: Warren, Jaeckle, Holland, Durfee and Gecker. Nays: None. 12SN0114 In Midlothian Magisterial District, Thomas F. Kern, Jr. requests amendment of conditional use planned development (Case 03SN0246) and amendment of zoning district map relative to phasing of road improvements in a Light Industrial (I-1) District on 20.9 acres fronting the northern terminus of Walmart Way, north of Midlothian Turnpike. Density will be 11-621 controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for medium density residential use of 1.51 to 4.0 units/acre and passive recreation/conservation. Tax IDs 734-709-7749; 735- 709-0665; 735-710-0007; 3809 and 7711. Mr. Turner presented a summary of Case 12SN0114 and stated both the Planning Commission and staff recommended approval and acceptance of the proffered condition. Ms. Carrie Coyner, representing the applicant, requested approval of the case. She stated modifications to the approved phasing plan for the construction of the remaining section of the Walmart Way loop road are proposed. Mr. Warren called for public comment. Mr. Tyler Whately stated he prefer it remain residential Buckingham Road be increased. opposes the request and would or that the setback from Old Mr. Johnny Fleenor expressed concerns relative to drainage issues. Ms. Carrie Coyner stated the property is already zoned for commercial use and it has been for quite some time. She further stated this is a phase of the commercial development that is occurring in this area. She stated there is a buffer as well as a setback from Old Buckingham Road. She stated development of this property will have to go through all the site plan conditions, which will include erosion control. She further stated as proffered, the loop road would be completed in sections prior to the issuance of occupancy permits within each of the three phased tracts. There being no one else to speak to the request, the public hearing was closed. In response to Mr. Gecker's question, Mr. Turner stated the zoning depicted on the map is accurate. Mr. Gecker expressed concerns regarding opposition to the case and impacts of phasing to neighborhoods surrounding it. Mr. Gecker then made a motion, seconded by Ms. Durfee, for the Board to defer Case 12SN0114 until November 30, 2011. Ayes: Warren, Jaeckle, Holland, Durfee and Gecker. Nays: None. 12SN0146 In Bermuda Magisterial District, Walmart Inc. requests amendment of zoning (Case 89SN0110) and amendment of zoning district map relative to hours of operation in a General Business (C-5) District on 20.4 acres fronting 440 feet on the south line of Iron Bridge Road, 225 feet east of South Chalkley Road; also fronting 820 feet on the west line of South Chalkley Road, 195 feet south of Iron Bridge Road. Density will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is J J J 11-622 appropriate for community mixed use. Tax IDs 778-652-2898 and 7889. Mr. Turner presented a summary of Case 12SN0146 and stated both the Planning Commission and staff recommended approval and acceptance of the proffered condition. He stated the owner has modified the proffered conditions since the Planning Commission's hearing of the case. Mr. Greg Kelly accepted the amended proffered condition. Mr. Warren called for public comment. There being no one to speak to the request, the public hearing was closed. On motion of Ms. Jaeckle, seconded by Mr. Gecker, the Board suspended its rules to accept the revised proffered condition. Ayes: Warren, Jaeckle, Holland, Durfee and Gecker. Nays: None. Ms. Jaeckle expressed appreciation to Mr. Kelly for his willingness to work with the community to come up with an amicable agreement. Ms. Jaeckle then made a motion, seconded by Mr. Warren, for the Board to approve Case 12SN0146 and accept the following proffered condition: Hours of Operation. Retail business hours for Walmart shall be limited to between 6:00 a.m. and 11:00 p.m. with the exception of the Friday following Thanksgiving Day ("Black Friday"), when retail business hours shall be limited to between 2:00 a.m. and 11:00 p.m. These extended hours shall be for Walmart only and shall not be transferable nor run with the land. (P) (Staff Note: This proffered condition amends Condition 9.c of Case 89SN0110 for Walmart only.) Ayes: Warren, Jaeckle, Holland, Durfee and Gecker. Nays: None. 12SN0113 In Matoaca Magisterial District, Emmett Burton, IV requests conditional use approval and amendment of zoning district map to permit the parking of a commercial vehicle (tow truck) incidental to a dwelling in a Residential (R-88) District on 1.5 acres known as 5206 Thornwood Court. Density will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for residential use of 1-5 acre lots; suited to R-88 zoning. Tax ID 786-628-8303. Ms. Darla Orr presented a summary of Case 12SN0113 and stated staff recommended denial because the proposed land use does not conform to the Southern and Western Area Plan, which suggests the property is appropriate for residential use of 1-5, acre lots; suited to R-88 zoning and the proposed land use is not representative of or compatible of or compatible 11-623 with existing and anticipated area development. She further stated the Planning Commission recommended approval and acceptance of the proffered conditions. In response to Ms. Durfee's question, Ms. Orr stated there have been requests for this type of use in residential areas. She further stated recreation vehicles have been approved for residential lots. Mr. Emmett Burton accepted the conditions. Mr. Warren called for public comment. There being no one to speak to the request, the public hearing was closed. In response to Ms. Durfee's concerns regarding citizen opposition, Ms. Orr stated she is not aware of any. Ms. Durfee expressed concerns relative to a letter of opposition that she just received today. Ms. Durfee then made a motion, seconded by Mr. Holland, for the Board to defer Case 12SN0113 until November 30, 2011. Ayes: Warren, Jaeckle, Holland, Durfee and Gecker. Nays: None. ~~cun~~Q In Bermuda Magisterial District, Ellmer Properties Chesterfield II LLC requests conditional use planned development approval and amendment of zoning district map to permit exceptions to Ordinance requirements relative to signage in a General Business (C-5) District on 9.3 acres fronting 935 feet on the east line of Interstate 95, 1860 feet south of Ruffin Mill Road. Density will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for general commercial use. Tax ID 804-637-7907. Ms. Jane Peterson presented a summary of Case 12SN0118 and stated the Planning Commission recommended approval. She further stated staff recommended denial because the current sign standards of the Ordinance provide adequate identification for uses on the property and approval of this request could encourage other businesses to seek similar exceptions, leading to proliferation of oversized signs. Mr. John Cogbill, representing the applicant, asked for approval of this request. He stated the area is zoned C-5, surrounded by I-1 and I-2, and is planned for industrial and commercial uses. He further stated there are five existing car dealerships in the same area. He stated the proposed sign will adequately allow people to find the dealership along the roadway. Mr. warren called for public comment. There being no one to speak to the request, the public hearing was closed. J J J 11-624 Ms. Jaeckle made a motion, seconded by Mr. Holland, for the Board to approve Case 12SN0118 and accept the following proffered condition: The Owners and the Developer (the "Owners") in this zoning case, pursuant to Section 15.,2 2298 of the Code of Virginia (1950 as amended) and the Zoning Ordinance of Chesterfield County, for themselves and their successors or assigns, proffer that the development of the Property known as Chesterfield County Tax Identification Number 804-637-7907 (the "Property") under consideration will be developed according to the following conditions if, and only if, the rezoning request for Conditional Use Planned development ("CUPD") is granted. In the event the request is denied or approved with conditions not agreed to by the Owners, the proffers shall immediately be null and void and of no further force or effect. The Textual Statement dated September 28, 2011 shall be considered the Master Plan. (P) Ayes: Warren, Jaeckle, Holland, Durfee and Gecker. Nays: None. 17. PUBLIC HEARINGS 17.A. TO CONSIDER FY2013 ENHANCEMENT PROJECT Mr. McCracken stated this date and time has been advertised for a public hearing for the Board to consider the FY2013 Enhancement Project. Mr. Warren called for public comment. No one came forward to speak to the issue. On motion of Mr. Holland, seconded by Ms. Durfee, the Board adopted the following resolution: WHEREAS, in accordance with the Commonwealth Transportation Board (CTB) construction allocation procedures, it is necessary that the local governing body request, by resolution, approval of a proposed enhancement project . NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Chesterfield County requests the CTB provide funding for the Cogbill Road (Meadowbrook High School to Howell Drive) Sidewalk Project. BE IT FURTHER RESOLVED, that the Board hereby agrees to pay 20 percent of the total estimated cost of $475,000 for construction of the Cogbill Road (Meadowbrook High School to Howell Drive) Sidewalk Project, and that, if the Board subsequently elects to unreasonably cancel this project, the County of Chesterfield hereby agrees that the Virginia Department of Transportation will be reimbursed for the total amount of the costs expended by the Department through the date the Department is notified of such cancellation. And, further, upon VDOT's approval of the project, the Board approved the appropriation and/or transfer of up to $95,000 for the project. 11-625 Ayes: Warren, Jaeckle, Holland, Durfee and Gecker. Nays: None. 17.B. TO CONSIDER APPROPRIATION OF FUNDS AND AUTHORIZATION TO PROCEED WITH THE ROUTE 10 (BERMUDA TRIANGLE ROAD TO MEADOWVILLE ROAD) WIDENING PROJECT Mr. McCracken stated this date and time has been advertised for a public hearing for the Board to consider the appropriation of funds and authorization to proceed with the Route 10 (Bermuda Triangle Road to Meadowville Road) Widening Project. Mr. Warren called for public comment. No one came forward to speak to the issue. Ms. Jaeckle expressed appreciation to Mr. McCracken for his efforts to pull together funding for this project. On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board took the following actions: 1. Authorized the County Administrator to enter into the customary VDOT/County agreements/contracts, permits/ mitigation agreements, and surety agreements, acceptable to the County Attorney; 2. Appropriated $15,875,000 in anticipated VDOT reimbursements; 3. Authorized the County Administrator to proceed with the design and right-of-way acquisition, including advertisement of an eminent domain public hearing if necessary; 4. Authorized the Chairman of the Board of Supervisors and County Administrator to execute easement agreements for relocation of utilities; and 5. Authorized the County Administrator to proceed with the advertisement of a construction contract for the project. Ayes: Warren, Jaeckle, Holland, Durfee and Gecker. Nays: None. 18. REMAINING MANUFACTURED HOME PERMITS AND ZONING REQUESTS There were no remaining requests for manufactured home permits or rezoning at this time. 19. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED MATTERS Ms. Norma Bliley addressed the Board relative to the draft Comprehensive Plan and personal property rights. Mr. Holland stated he would like to meet with Ms. Bliley to pursue her concerns. J J J 11-626 Mr. Jesse Williams addressed the Board relative to the draft Comprehensive Plan and personal property rights. Mr. Bill Baker addressed the Board relative to private property rights and the Fifth Amendment. Mr. Ralph Carter addressed the Board relative to the draft Comprehensive Plan and personal property rights. He recognized approximately 35 citizens in the audience who stood in support. Ms. Judy Stoneman commended Ms. Jaeckle, Mr. Greg Allen, Mr. Gecker and Mr. Holland for their excellent leadership and public service. 20. ADJOURNMENT On motion of Ms. Durfee, seconded by Mr. Holland, the Board adjourned at 7:58 p.m. until November 9, 2011 at 3:00 p.m. Ayes: Warren, Jaeckle, Holland, Durfee and Gecker. Nays: None. ames J. Steg aier County Administrator Arthur S. Warren Chairman 11-627 J J J