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2011-12-14 MinutesBOARD OF SUPERVISORS MINUTES December 14, 2011 Supervisors in Attendance: Staff in Attendance: Mr. Arthur S. Warren, Chairman Mr. Mike Bacile, Dir., Ms. T~orothy A. Jaeckle, Vice Chrm. Purchasing Mr. James M. Holland Dr. Sheryl Bailey, Dep. Mr. Daniel A. Gecker County Administrator, Management Services Supervisor Absent: Ms. Janice Blakley, Clerk to the Board Ms. Marleen Durfee Ms. Patsy Brown, Dir., Accounting Mr. James J. L. Stegmaier Mr. Kevin Bruny, Chief County Administrator Learning Officer Ms. Debbie Burcham, Exec. Dir., Community Services Board Mr. Allan Carmody, Dir., Budget and Management Mr. Richard Cordle, Treasurer Mr. Roy Covington, Dir., Utilities Ms. Mary Ann Curtin, Dir., Intergovtl. Relations Mr. William W. Davenport, Commonwealth's Attorney 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. Donald Kappel, Dir., Public Affairs Mr. Rob Key, Director, General Services Mr. Louis Lassiter, Asst. County Administrator Mr. Michael Likins, Coop. Extension Director Mr. Mike Mabe, Director, Libraries Mr. Jay Payne, Asst. Dir., Social Services Ms. Mary Martin Selby, Dir., Human Resource Services 11-681 Mr. R. John McCracken, Dir., Transportation Mr. Richard M. McElfish, Dir., Env. Engineering Mr. Jeffrey L. Mincks, County Attorney Chief Edward L. Senter, Fire Department Ms. Sarah Snead, Dep. County Administrator, Human Services Mr. Kirk Turner, Dir., Planning Mr. Mike Westfall, Dir., Internal Audit Mr. Rick Witt, Building Official 1. APPROVAL OF MINUTES FOR NOVEMBER 30, 2011 On motion of Mr. Gecker, seconded by Mr. Holland, the Board approved the minutes of November 30, 2011, as submitted. Ayes: Jaeckle, Holland and Gecker. Nays: None. Absent: Warren and Durfee. 2. COUNTY ADMINISTRATOR'S COMMENTS 2.A. COUNTY ADMINISTRATOR'S REPORT • Mr. Stegmaier announced that last week the county received very positive news that Chesterfield's triple AAA bond rating has been reaffirmed following an intensive review from Moody's, one of the nation's three primary rating agencies. • Mr. Stegmaier reported that Chesterfield County was recently named #18 in the Government/Military category on the 2011 Leadership 500 ranking by Leadership Excellence. • Mr. Stegmaier announced tomorrow will mark a significant event in the county's economic development progress with the opening of the ($12.2 million) Meadowville Interchange. • Mr. Stegmaier reported that The National Association of Town Watch has released its top award winners for participation in the 2011 National Night Out. Chesterfield ranked seventh nationally and ls` in the state among localities with populations of 300,000 or more. • Mr. Stegmaier announced that on Thursday, December 1st the Chesterfield Emergency Planning Committee (CEPC) hosted a Volunteer Reception to recognize the over 500 volunteers in Neighborhood Watch and the Community Emergency Response Team (CERT). J J J 11-682 3. BOARD MEMBER REPORTS Ms. Jaeckle expressed her appreciation for the efforts of those involved in the Meadowville Interchange Project. 4. REQUESTS TO POSTPONE AGENDA ITEMS AND ADDITIONS, DELETIONS OR CHANGES IN THE ORDER OF PRESENTATION On motion of Mr. Holland, seconded by Mr. Gecker, the Board replaced Item 5.A., Recognition of Chesterfield County Employees of the Year; and added Item 8.A.11., Request to Quitclaim a Portion of a Variable width Backwater Easement Across the Property of Economic Development Authority of the County of Chesterfield. Ayes: Jaeckle, Holland and Gecker. Nays: None. Absent: Warren and Durfee. 5. RESOLUTIONS AND SPECIAL RECOGNITIONS 5.A. RECOGNIZING CHESTERFIELD COUNTY EMPLOYEES OF THE YEAR Mr. Lassiter introduced the 2011 employees of the year, who were as follows: Name Mike Archie Department Utilities Robert P. Balducci Stephanie S. Brown JoAnn McLaurin Carpenter Donny L. Dixon Katherine C. Duke Deborah Eggleston Kristen M. Eichert Becky Fretwell Joy Galusha Jeffrey T . Godsey Mandy L. Haasch Jeanne Harper Lori D. Hawkins Michelle M. Heilman Christy Johnson Emergency Communications Center Purchasing Community Corrections Services Sheriff Fire & EMS Internal Audit Juvenile Probation Treasurer County Administration Police Accounting Human Resource Management Budget & Management County Attorney Risk Management 11-683 Marshall W. Lewis Julie McAllister Joseph E. Moncrief Dennis O'Connor John Daniel Pagano Angela G. Phillips Chris Ruth Kristi Schabo-Putney Tina Shreve Jean Diane Skinner Ron Waller Dominga West Vernon A. White Center for Organizatio Excellence Environmental Engineeri Building Inspection Health Parks and Recreation Commonwealth's Attorney} Office Public Affairs Comprehensive Services Economic Development Planning Juvenile Detention Library General Services Ms: Jaeckle congratulated each of the employees and expressed appreciation, on behalf of the Board, for their commitment to Chesterfield County. Mr. Holland also congratulated each of the employees and expressed appreciation for their commitment to the county. Mr. Gecker commended each recipient and expressed his appreciation for their dedication and hard work. Mr. Stegmaier presented the employees of the year with plaques recognizing them as their department's employee of the year, expressed appreciation for their dedicated service, and commended them on their outstanding accomplishments. He stated the employees of the year represent the best employees in local government. 5.B. RECOGNIZING MR. JAMES B. HERRING, POLICE DEPARTMENT, UPON HIS RETIREMENT Colonel Dupuis introduced Mr. James B. Herring, who was present to receive the resolution. On motion of Mr. Holland, seconded by Mr. Gecker, the Board adopted the following resolution: WHEREAS, Lieutenant James B. Herring will retire from the Chesterfield County Police Department on January 1, 2012, after providing more than 28 years of outstanding quality service to the citizens of Chesterfield County; and J is J J 11-684 WHEREAS, Lieutenant Herring has faithfully served the county in the capacities of police officer, sergeant and lieutenant; and WHEREAS, during his career, Lieutenant Herring has served as a General Instructor, Firearms and Defensive Tactics Instructors, Traffic Accident Reduction Team (TART) member, Special Weapons and Tactics Team (SWAT) member, Special Response Unit (SRU) Commander, and Assistant Training Director; and WHEREAS, Lieutenant Herring has served on various teams and committees, including the Department of Criminal Justice Service Curriculum Advisory Committee, the Critical Incident Stress Management Team and the Employee Safety and Health Council, and he has administered numerous programs such as the Wellness Program, Respiratory Fitness Program and the Exposure Control Plan; and WHEREAS, Lieutenant Herring was instrumental in the development of the Police Department's first and subsequent pre-certified law enforcement officer academies; and WHEREAS, Lieutenant Herring was the recipient of the Medal of Valor and Combat Ribbon for his actions in 1992 when he came to the aid of another officer who was in foot pursuit of an armed suspect; the suspect had fired a number of shots at the officers and had repeatedly refused to surrender; and upon confrontation at a location away from citizens, the suspect was fatally wounded by the return fire of the officers, and Officer Herring disregarded his own safety, exercised sound judgment in an extremely dangerous situation and took swift positive action to bring the situation to resolution; and WHEREAS, Lieutenant Herring received the Chesterfield County Police Department's Police Star and Combat Ribbon as a result of his actions on May 22, 1987, while serving as a member of the SWAT Team, when in an attempt to apprehend an extremely dangerous barricaded felon who had already seriously wounded two Petersburg officers, Officer Herring entered the residence and led the other team members, under heavy gunfire, in a successful completion of the operation; and WHEREAS, Lieutenant Herring was the recipient of a Commendation Award for the information and assistance he provided in the resolution of a homicide case that occurred in the Village of Ettrick, as the time and effort he and his fellow officers put into the development of intelligence about the crime, and their ability to obtain information from informants and suspects was invaluable in providing information necessary to make an arrest; and WHEREAS, Lieutenant Herring also received a Commendation Award for his diligent work and team participation in the resolution of a homicide case that occurred in Chesterfield Village Apartments, after he and the Street Drug Enforcement Unit started with relatively no information and developed an extensive case file, and a suspect was identified, located, apprehended, and subsequently charged with capital murder and other related offenses due to the commitment and investigative techniques demonstrated by the unit; and 11-685 WHERAS, Lieutenant Herring received a Certificate of Achievement for his outstanding leadership, commitment and accomplishments while assigned to the Street Drug Enforcement Unit and inspired his subordinates to consistently perform above and beyond the norm, establishing a statistical database for detailed tracking of drug crime data, and completing an extraordinary number of drug-related arrests during his assignment; and WHEREAS, Lieutenant Herring was a highly skilled and effective police officer, leader and manager; and WHEREAS, Lieutenant Herring is recognized for his communications and human relations skills which he has utilized in an exemplary manner within the Police Department and in assisting citizens of Chesterfield County; and WHEREAS, Lieutenant Herring has received numerous letters of commendation, thanks and appreciation from the citizens of Chesterfield County for service rendered; and WHEREAS, Lieutenant Herring has provided the Chesterfield County Police Department with many years of loyal and dedicated service; and WHEREAS, Chesterfield County and the Board of Supervisors will miss Lieutenant Herring's diligent service. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 14th day of December 2011, publicly recognizes Lieutenant James B. Herring, 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. AND, BE IT FURTHER RESOLVED that a copy of this resolution be presented to Lieutenant Herring, and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Ayes: Jaeckle, Holland and Gecker. Nays: None. Absent: Warren and Durfee. Ms. Jaeckle presented Lieutenant Herring with the executed resolution and commended him for his many years of loyal and dedicated service. Mr. Stegmaier presented Lieutenant Herring with an acrylic statue and county watch and expressed appreciation for his outstanding service to the county. Colonel Dupuis presented Lieutenant Herring with a commemorative shadowbox. He commended Lieutenant Herring on his leadership and expressed his appreciation for their friendship over the years. Lieutenant Herring expressed his appreciation for the support of his co-workers and recognized those who serve in the military. J J J 11-686 5.C. RECOGNIZING MR. STEWART HANCOCK, GENERAL SERVICES DEPARTMENT, UPON HIS RETIREMENT Mr. Key introduced Mr. Stewart Hancock, who was present to receive the resolution. On motion of Mr. Holland, seconded by Mr. Gecker, the Board adopted the following resolution: WHEREAS, Mr. Stewart Hancock retired December 1, 2011, after providing more than thirty-one years of dedicated and faithful service to Chesterfield County and Chesterfield County Public Schools; and WHEREAS, Mr. Hancock began his service July 14, 1980, as a Service Attendant for Chesterfield County Public Schools; and .WHEREAS, Mr. Hancock transferred September 1, 1992, from the Chesterfield County Public Schools to the Fleet Management Division in the Department of General Services as an Automotive Technician, Trades Assistant; and WHEREAS, Mr. Hancock served as Automotive Technician Trades Assistant, in the Department of General Services, Fleet Management Division for nineteen years; and WHEREAS, Mr. Hancock has seen the county bus fleet nearly double to its present size of over 600 buses; and WHEREAS, Mr. Hancock always performed his duties and responsibilities in a professional manner, and placed the welfare and safety of the students and bus operators of Chesterfield County Public Schools and fellow county employees above his own; and WHEREAS, Mr. Hancock was instrumental in helping maintain a 95 percent daily school bus availability rate. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 14th day of December 2011, publicly recognizes the outstanding contributions of Mr. Stewart Hancock, expresses the appreciation of all residents for his service to Chesterfield County, and extends appreciation for his dedicated service to the county and congratulations upon his retirement, as well as best wishes for a long and happy retirement. AND, BE IT FURTHER RESOLVED that a copy of this resolution be presented to Mr. Hancock and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Ayes: Jaeckle, Holland and Gecker. Nays: None. Absent: warren and Durfee. Mr. Holland presented the executed resolution to Mr. Hancock and congratulated him on his exceptional service to Chesterfield County Public Schools. Mr. Key commended Mr. Hancock on his dedicated service to the county. 11-687 Mr. Stegmaier presented Mr. Hancock with an acrylic statue and county watch, expressed appreciation for his outstanding service to the county, and congratulated him on his retirement. Mr. Hancock stated he enjoyed working for Chesterfield County and looks forward to his retirement. 6. WORK SESSIONS There were no Work Sessions at this time. 7. DEFERRED ITEMS There were no Deferred Items at this time. 8. NEW BUSINESS 8.A. CONSENT ITEMS 8.A.1. ADOPTION OF RESOLUTIONS 8.A.i.a. RECOGNIZING COUNTY EMPLOYEES UPON THEIR RETIREMENT 8.A.1.a.1. DEPUTY FIRST CLASS WILLIAM H. COTTON, SHERIFF'S OFFICE On motion of Mr. Gecker, seconded by Mr. Holland, the Board adopted the following resolution: WHEREAS, Mr. William H. Cotton has faithfully served Chesterfield County for more than 20 years; and WHEREAS, Mr. Cotton was hired on August 19, 1991, as a Patrol Officer with the Chesterfield County Police Department; and WHEREAS, Officer Cotton received a Life Saving Award in June of 2001 for pulling a citizen away from a burning vehicle before it exploded; and WHEREAS, Mr. Cotton transferred to the Chesterfield County Sheriff's Office as a Sheriff's Deputy in the Correctional Services Section on February 25, 2006; and WHEREAS, Deputy Cotton met the requirements for Deputy First Class on November 29, 2008, where he continued to serve in the Correctional Services Section until his retirement; and WHEREAS, Deputy First Class Cotton received numerous letters of appreciation for his dedication and service to the employees and citizens of Chesterfield County; and WHEREAS, Deputy First Class Cotton attended and successfully completed the Department of Corrections Academy for Staff Development, the Chesterfield Basic Police Academy, the Civil Process and Courtroom Security Course and the Basic Sheriff Academy. J J J 11-688 NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes the outstanding contributions of Deputy First Class William H. Cotton, expresses the appreciation of all ,residents for his service to Chesterfield County, and extends appreciation for his dedicated service to the county and congratulations upon his retirement, as well as best wishes for a long and happy retirement. Ayes: Jaeckle, Holland and Gecker. Nays: None. Absent: Warren and Durfee. 8.A.1.a.2. MR. DAVID JEWELL, GENERAL SERVICES DEPARTMENT On motion of Mr. Gecker, seconded by Mr. Holland, the Board adopted the following resolution: WHEREAS, Mr. David Jewell joined Chesterfield County on May 10, 1993, as a Heating and Air Conditioning Supervisor in the Buildings and Grounds Division of General Services; and WHEREAS, Mr. Jewell graduated from the Chesterfield County Supervisory Leadership Institute in May 2000; and WHEREAS, Mr. Jewell was promoted to Mechanical Systems Supervisor in October 2006; and WHEREAS, Mr. Jewell faithfully served two Buildings and Grounds Superintendents, Mr. Fred Balarzs and Mr. Clyde Carwile; and WHEREAS, Mr. Jewell was instrumental in the development, installation and implementation of the Building Automation Control Systems for various county buildings' HVAC systems, which resulted in cost savings and energy efficiency; and WHEREAS, Mr. Jewell has seen the county facilities grow in size, quantity and complexity; and WHEREAS, Mr. Jewell has shared his knowledge and technical abilities with the Buildings and Grounds HVAC technicians, thereby improving their skill set, and also providing great long-term benefit to the county; and WHEREAS, Mr. Jewell has maintained the county's mechanical systems with professionalism and care, resulting in highly reliable systems and the extended life of the equipment, saving the county taxpayers thousands of dollars in avoided costs; and WHEREAS, Mr. Jewell always accomplished his duties with a positive attitude and dedication to the employees and citizens of Chesterfield County. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes the outstanding contributions of Mr. David T. Jewell, expresses the appreciation of all residents for his service to Chesterfield County, and extends appreciation for his dedicated service to the county and congratulations upon his retirement, as well as best wishes for a long and happy retirement. Ayes: Jaeckle, Holland and Gecker. Nays: None. Absent: Warren and Durfee. 11-689 8.A.1.a.3. MR. MYSORE S. GANGADHARAMURTHY, UTILITIES DEPARTMENT On motion of Mr. Gecker, seconded by Mr. Holland, the Board adopted the following resolution: WHEREAS, Mr. Mysore S. Gangadharamurthy will retire from the Chesterfield County Utilities Department on December 30, 2011; and WHEREAS, in his earlier career, Mr. Gangadharamurthy worked for the City of Richmond, Sanders and Thomas, Incorporated, and Unitech Engineer, Incorporated; and WHEREAS, Mr. Gangadharamurthy began his public service with Chesterfield County on August 1, 1994, as Senior Engineer for the Chesterfield Utilities Department, where he has faithfully served the department and county for more than 17 years; and WHEREAS, Mr. Gangadharamurthy was responsible for ensuring the highest quality of design and construction of the utility infrastructure, including the design and construction of numerous critical facilities that continue to serve the utility system to this day; and WHEREAS, Mr. Gangadharamurthy performed an outstanding job managing the design and construction of major infrastructure such as the Midlothian Water Line project, which consisted of the construction of 9,810 linear feet of 30-inch water- transmission line and the Jefferson Davis Highway Water Line project, which consisted of the construction of 17,610 linear feet of 24-inch water transmission line; and WHEREAS, Mr. Gangadharamurthy also managed the design and construction of the 13.8 million gallons per day Enon Water Pump Station and the 2 million gallon Enon Ground Water Tank, and the rehabilitation of both the 1 million gallon Graves Elevated water Tank and the 1 million gallon Happy Hill Ground Water Tank; and WHEREAS, additionally, Mr. Gangadharamurthy managed the design and construction of the Bulk Carbon Feed project and the Filter Rehabilitation projects at the Addison-Evans Water Production and Laboratory facility; and WHEREAS, throughout his career, Mr. Gangadharamurthy has demonstrated his dedication and loyalty to the Chesterfield County Utilities Department and service to our customers. NOW, THEREFORE, BE IT RESOLVED that t County Board of Supervisors recognizes Gangadharamurthy and extends on behalf of its citizens of Chesterfield County, appreciatio 17 years of exceptional service to the county. Ayes: Jaeckle, Holland and Gecker. Nays: None. Absent: Warren and Durfee. he Chesterfield Mr. Mysore S. members and the n for more than J J J 11-690 8.A.l.b. RECOGNIZING THE HONORABLE MARLEEN K. DURFEE FOR HER SERVICE ON THE CHESTERFIELD COUNTY BOARD OF SUPERVISORS On motion of Mr. Gecker, seconded by Mr. Holland, the Board adopted the following resolution: WHEREAS, Ms. Marleen K. Durfee was elected to the Chesterfield County Board of Supervisors on November 6, 2007, and served as the Matoaca District representative from January 2008 until December 2011; and WHEREAS, prior to being elected, Ms. Durfee was the founding Executive Director of the Responsible Growth Alliance, the first organization in the county whose mission was to protect and secure the high quality of life for citizens by advocating for responsible growth, and the organization promoted strengthening economic development for a better balance between residential and commercial tax base, requested the revision of the Comprehensive Plan, focused on meeting the citizens' public facility and service needs, and supported better land use decisions. WHEREAS, during her first year in office, Ms. Durfee was accepted into the Leadership Metro Richmond (LMR) Program where she was nominated for the Public Servant Award, and her class project on public transit won two national awards; and WHEREAS, Ms . Durfee was instrumental in the revision of the Upper Swift Creek Plan, the first plan to adopt levels of service, purchase of development rights and transfer of development rights, along with strategic planning measures including mixed-use development, traditional neighborhood development and affordable housing components. WHEREAS, Ms. Durfee successfully promoted the revitalization of the Ettrick community, in partnership with Virginia State University, to create a college town atmosphere; and WHEREAS, during her service on the board, Ms. Durfee was instrumental in assisting the Department of Fire and EMS in obtaining funding to provide staffing of the Phillips Volunteer Fire Station with career firefighters on a 24-hour basis, increasing the Fire and EMS protection to the fire district and the surrounding response areas, and in providing funding for improvements to both the Phillips and Matoaca Fire Stations; and' WHEREAS, Ms. Durfee proudly supported the first Build-A- House project, built in the Matoaca District to serve individuals with intellectual disabilities, which won both NACo and VACo awards, and demonstrated unwavering support for the need for an Intermediate Care Facility to care for the county's most vulnerable citizens; and WHEREAS, successes during Ms. Durfee's term on the Board include acquiring the 97-acre Radcliffe Conservation Area on the Appomattox River and, through volunteer efforts, building a riverside walking path, which was awarded the Best New Greenway or Trail for 2009 by the Virginia Recreation and Parks Society; adding a new parking area at Eppington Plantation and completing a comprehensive study of needed 11-691 renovations and repairs for the historic site; providing additional parking and landscaping at Matoaca Park; developing the very popular walking trail and new playground at Ettrick Park; and releasing 10,000 carp into the Swift Creek Reservoir to control the invasive plant hydrilla and protect the county's valuable water source; and WHEREAS, Ms. Durfee consistently participated in efforts to develop code and amendments that would enhance the quality of life and the built environment for current and future residents of Chesterfield County, including important initiatives, such as the Chesapeake Bay Preservation Act implementation; communications towers; electronic message center signs; home occupations; planning fee reductions; sign ordinance standards; Traditional Neighborhood Development (TND) zoning district; Upper Swift Creek water quality standards; and wind energy systems; and WHEREAS, a number of significant transportation projects were completed during Ms. Durfee's term, including the Woolridge Road Causeway over the Reservoir; Otterdale Road bridge widening; McEnnally Road widening; Timber Bluff right turn lane; Eppes Falls Road paving; Route 360 at Ashlake eastbound widening; advancing the Genito Road Replacement Bridge by five years; and securing $5.75 million in regional surface transportation funds to advance the Route 360 (Winterpock Road to Woodlake Village Parkway) widening project; and WHEREAS,. economic development accomplishments during Ms. Durfee's tenure included establishing the "Business Expansion Incentive Fund"; launching a new small business initiative, "My Business Starts Here"; constructing the $12.2 million I- 295 Meadowville Interchange project; expanding Virginia State University; opening of a number of office buildings at Watkins Centre, Westchester Commons shopping center and Chesterfield's newest health-care facility, Bon Secours St. Francis Watkins Centre; opening of Hancock Village Shopping Center on Hull Street Road; Sabra Dipping Company celebrating the grand opening of its new state-of-the-art food manufacturing plant; unveiling of Chesterfield Avenue enhancements in the Village of Ettrick; groundbreaking for Uptown Alley, a $20 million entertainment complex in the Matoaca District; and beginning demolition of the former Cloverleaf Mall to make way for the Stonebridge Development, including the groundbreaking for the Kroger Marketplace; and WHEREAS, during her tenure maintained its AAA bond ratings rating agencies, while reducing tr $0.97 to $0.95 and beginning government efficiency during a period; and on the board, the county from all three major bond ~e real estate tax rate from the steps toward county very difficult economic WHEREAS, Ms. Durfee supported funding for the Schools' 21St Century Academy and initiated the Workforce Educational Center; and WHEREAS, in addition to serving Chesterfield County, Ms. Durfee also lent her talents to the Richmond Regional Planning District Commission, Crater Planning District Commission and Tri-Cities Metropolitan Transportation Planning Organization, as well as the Capital Region J J J 11-692 Collaborative and the Richmond Regional Planning District Commission's Large Jurisdiction Committee; and WHEREAS, as a member of the Richmond Regional Planning District Commission, Ms. Durfee was instrumental in the forward movement of the application. for the Federal Department of Homeland Security grant funding to create a nine-jurisdiction microwave communications system; and as a member of the Capital Region Collaborative, Ms. Durfee was instrumental in securing School Readiness Planning Grants through Smart Beginnings and reaching a regional consensus for high speed rail; and WHEREAS, Ms. Durfee also represented the county on the VACo Board of Directors and the High Growth Coalition, serving as Vice Chairman. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 14th day of December 2011, publicly recognizes and applauds the outstanding efforts displayed by The Honorable Marleen K. Durfee throughout her distinguished service as a member of the Board of Supervisors; extends sincere appreciation, on behalf of the citizens of Chesterfield County, for her selfless and dedicated public service; and offers best wishes for continued success in her future endeavors. Ayes: Jaeckle, Holland and Gecker. Nays: None. Absent: Warren and Durfee. 8.A.i.c. RECOGNIZING MR. GRAHAM THOMAS GRESHAM UPON ATTAINING THE RANK OF EAGLE SCOUT On motion of Mr. Gecker, seconded by Mr. Holland, 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. Graham Thomas Gresham, Troop 2806, sponsored by Woodlake 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 themselves for a role as leaders in society, Graham has distinguished himself as a member of a new generation of prepared young citizens of whom we can all be very proud. 11-693 NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors hereby extends its congratulations to Mr. Graham Thomas Gresham and acknowledges the good fortune of the county to have such an outstanding young man as its citizen. Ayes: Jaeckle, Holland and Gecker. Nays: None. Absent: Warren and Durfee. 8.A.2. REQUEST FOR ENTERTAINMENT PERMIT FOR THE HOME BUILDING ASSOCIATION OF RICHMOND TO HOLD A HOME SHOW AT THE SUMMER LAKE COMMUNITY On motion of Mr. Gecker, seconded by Mr. Holland, the Board granted an entertainment permit for Home Building Association of Richmond to hold a home show on Wednesdays through Sundays, April 21 through May 6, 2012. Ayes: Jaeckle, Holland and Gecker. Nays: None. Absent: Warren and Durfee. 8.A.3. CONVEYANCE OF EASEMENT TO VIRGINIA ELECTRIC AND POWER COMPANY TO RELOCATE CABLE AND PROVIDE SERVICE TO MOBILE CLASSROOMS AT WATKINS ELEMENTARY SCHOOL On motion of Mr. Gecker, seconded by Mr. Holland, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute an agreement with Virginia Electric and Power Company for a 15' underground easement to relocate cable and provide service to mobile classrooms at Watkins Elementary School, 501 Coalfield Road. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Jaeckle, Holland and Gecker. Nays: None. Absent: Warren and Durfee. 8.A.4. APPROVAL OF CONTRACT FOR THE PURCHASE OF LAND ADJACENT TO HUGUENOT PARK On motion of Mr. Gecker, seconded by Mr. Holland, t approved a contract for the purchase of a parcel adjacent to Huguenot Park containing one acre, more from Josephine W. Shifflette and authorized the Administrator to execute the contract and deed. (It a copy of the sketch is filed with the papers of this Ayes: Jaeckle, Holland and Gecker. Nays: None. Absent: Warren and Durfee. he Board of land or less, County is noted Board . ) J J J 11-694 8.A.5. REQUEST TO QUITCLAIM A PORTION OF A VARIABLE WIDTH STORM WATER MANAGEMENT SYSTEM/BEST MANAGEMENT PRACTICE EASEMENT ACROSS THE PROPERTY OF UNITY CHRIST CHURCH OF BON AIR On motion of Mr. Gecker, seconded by Mr. Holland, 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 Storm Water Management System/Best Management Practice easement across the property of Unity Christ Church of Bon Air. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Jaeckle, Holland and Gecker. Nays: None. Absent: Warren and Durfee. 8.A.6. STATE ROAD ACCEPTANCES On motion of Mr. Gecker, seconded by Mr. Holland, the Board adopted the following resolution: WHEREAS, the street described below is 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 street meets the requirements established by the Subdivision Streets 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: Mt. Gilead Boulevard 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 Mt. Gilead Boulevard, State Route Number 7418 From: Hicks Road, (Route 647) To: Temporary end of maintenance, a distance of: 0.46 miles. Recordation Reference: Db. 5030, Pg. 262 Right of Way width (feet) = 70 Ayes: Jaeckle, Holland and Gecker. Nays: None. Absent: Warren and Durfee. 11-695 8.A.7. AWARD A CONTRACT TO EVANS CONSTRUCTION COMPANY FOR THE ETTRICK-MATOACA LIBRARY RENOVATIONS On motion of Mr. Gecker, seconded by Mr. Holland, the Board authorized the County Administrator to execute a contract with Evans Construction Company in the amount of $2,193,930 for the renovations of the Ettrick-Matoaca Library. Ayes: Jaeckle, Holland and Gecker. Nays: None. Absent: Warren and Durfee. 8.A.8. SET DATE FOR PUBLIC HEARING TO CONSIDER DRAFT COUNTYWIDE COMPREHENSIVE PLAN On motion of Mr. Gecker, seconded by Mr. Holland, the Board set January 25, 2012, as the date for a public hearing to consider the Draft Countywide Comprehensive Plan. Ayes: Jaeckle, Holland and Gecker. Nays: None. Absent: Warren and Durfee. 8.A.9. APPROPRIATION AND TRANSFER OF FUNDS FOR ENGINEERING SERVICES FOR THE REGIONAL POND IN CHARTER COLONY On motion of Mr. Gecker, seconded by Mr. Holland, the Board appropriated and transferred $188,800 from the Upper Swift Creek Pro Rata Fee account for the completion of the revised construction plans, bidding, construction inspection and documentation. Ayes: Jaeckle, Holland and Gecker. Nays: None. Absent: Warren and Durfee. 8.A.10.a. TO PURCHASE NEW PERCUSSION INSTRUMENTS FOR THE MANCHESTER HIGH SCHOOL BAND On motion of Mr. Gecker, seconded by Mr. Holland, the Board transferred a total of $2,000 from the Matoaca District Improvement Fund to the School Board to purchase new percussion instruments for the Manchester High School Band. Ayes: Jaeckle, Holland and Gecker. Nays: None. Absent: Warren and Durfee. 8.A.10.b. TO PURCHASE TECHNOLOGY EQUIPMENT FOR COSBY HIGH SCHOOL On motion of Mr. Gecker, seconded by Mr. Holland, the Board transferred $2,000 in Matoaca District Improvement Funds to the Chesterfield County School Board to purchase "Promethean clickers" for Cosby High School. Ayes: Jaeckle, Holland and Gecker. Nays: None. Absent: Warren and Durfee. J J J 11-696 8.A.11. REQUEST TO QUITCLAIM A PORTION OF A VARIABLE WIDTH BACKWATER EASEMENT ACROSS THE PROPERTY OF ECONOMIC DEVELOPMENT AUTHORITY OF THE COUNTY OF CHESTERFIELD On motion of Mr. Gecker, seconded by Mr. Holland, 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 backwater easement across the property of Economic Development Authority of the County of Chesterfield. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Jaeckle, Holland and Gecker. Nays: None. Absent: Warren and Durfee. 9. REPORTS 9.A. REPORT ON STATUS OF GENERAL FUND BALANCE, RESERVE FOR FUTURE CAPITAL PROJECTS, DISTRICT IMPROVEMENT FUNDS AND LEASE PURCHASES On motion of Mr. Holland, seconded by Mr. Gecker, the Board accepted the following report: a Report on Status of General Fund Balance, Reserve for Future Capital Projects, District Improvement Funds and Lease Purchases. Ayes: Jaeckle, Holland and Gecker. Nays: None. Absent: Warren and Durfee. 10. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED MATTERS There were no requests to address the Board at this time. 11. DINNER On motion of Mr. Holland, seconded by Mr. Gecker, the Board recessed to Room 303 for dinner. Ayes: Jaeckle, Holland and Gecker. Nays: None. Absent: warren and Durfee. Reconvening: Mr. Warren arrived at the meeting. 12. INVOCATION Dr. Sheryl Bailey, Deputy County Administrator for Management Services, gave the invocation. 11-697 13. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Eagle Scout Matthew Wells led the Pledge of Allegiance. 14. RESOLUTIONS 14.A. RECOGNIZING MR. CLYDE CARWILE, GENERAL SERVICES DEPARTMENT, UPON HIS RETIREMENT Mr. Charles Dane introduced Mr. Clyde Carwile, who was present to receive the resolution. On motion of Mr. Holland, seconded by Mr. Warren, the Board adopted the following resolution: WHEREAS, Mr. Clyde Carwile joined Chesterfield County on August 20, 1984, as the Warehouse Crew Chief in the Buildings and Grounds Division of General Services; and WHEREAS, Mr. Carwile was promoted to the position of Assistant Buildings and Grounds Superintendent on July 1, 1991; and WHEREAS, Mr. Carwile was promoted to the position of Buildings and Grounds Superintendent on February 2, 1997; and WHEREAS, Mr. Carwile graduated from the Chesterfield County Supervisory Leadership Institute in 1996; and WHEREAS, Mr. Carwile completed Environmental Management System Training in 2008; and WHEREAS, Mr. Carwile oversaw changes in the responsibilities of Buildings and Grounds as the total square footage of county facilities grew six-fold from 250,000 square feet in 1984 to more than 1.5 million square feet in 2011, while the Buildings and Grounds workforce only grew from 38 employees in 1984 to 69 employees in 2011; and WHEREAS, Mr. Carwile faithfully served three separate County Administrators and three separate General Services Directors during his tenure with the county; and WHEREAS, Mr. Carwile was instrumental in the development, installation and implementation of the Building Automation Control Systems for various county buildings' HVAC systems, which resulted in improved energy efficiency and cost savings; and WHEREAS, Mr. Carwile was instrumental in the development, installation and implementation of the Computerized Maintenance Management System; and WHEREAS, Mr. Carwile answered many weekend and after- hours calls for service in order to ensure that county facilities provided for the needs of staff and citizens; and WHEREAS, Mr. Carwile always accomplished his duties with a positive attitude and dedication to the employees and J J J 11-698 citizens of Chesterfield County and will be missed by all who interacted with him. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 14th day of December 2011, publicly recognizes the outstanding contributions of Mr. Clyde Carwile, expresses the appreciation of all residents for his service to Chesterfield County, and extends appreciation for his dedicated service to the county and congratulations upon his retirement, as well as best wishes for a long and happy retirement. AND, BE IT FURTHER RESOLVED that a copy of this resolution be presented to Mr. Carwile, and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Ayes: Warren, Jaeckle, Holland and Gecker. Nays: None. Absent: Durfee. Mr. Warren presented the executed resolution to Mr. Carwile and congratulated him on his exceptional service to the employees and citizens of Chesterfield County. Mr. Carwile, accompanied by his wife, expressed his appreciation to the Board for the. recognition. Mr. Stegmaier presented Mr. Carwile with an acrylic statue and county watch and expressed appreciation for his outstanding service to the county. 14.B. RECOGNIZING THE HEROIC ACTIONS OF MR. RANDY ROWEKAMP AND MRS. SARA ROWEKAMP Chief Senter introduced Mr. and Mrs. Randy Rowekamp, who were present to receive the resolution. On motion of Mr. Holland, seconded by Ms. Jaeckle, the Board adopted the following resolution: WHEREAS, it is the goal of Chesterfield County, Virginia, "To Be the Safest and Most Secure Community of Its Size"; and WHEREAS, the key to reaching this goal is through direct involvement by our county citizens, in working with our public safety members in making our community safe; and WHEREAS, on November 2, 2011, at 11:52 am, Mr. Randy Rowekamp and Mrs. Sara Rowekamp, residents of the Woodlake Community, witnessed an airplane crash into the Swift Creek Reservoir, adjacent to their home on Long Cove Place; and WHEREAS, Mrs. Sara Rowekamp immediately called 9-1-1 to report the downed aircraft, allowing an expedient response by public safety workers; and WHEREAS, Mr. and Mrs. Rowekamp drove their pontoon boat to the sinking airplane to rescue the pilot, who was forced to jump into the water, and Mr. and Mrs. Rowekamp were able to throw a life preserver to the pilot and maneuver the 11-699 pontoon boat into a position to help the pilot safely out of the water and into the boat; and WHEREAS, Mr. Rowekamp also immediately determined from the pilot that there was no one else in the aircraft; and WHEREAS, the pilot was taken to shore and delivered to personnel from the Department of Fire and EMS, who immediately placed the pilot in a waiting Medic Unit to be warmed and evaluated; and WHEREAS, fortunately, the pilot's injuries were minor in nature and due to the quick action of Mr. and Mrs. Rowekamp, he was only in the water for a short period of time with insignificant injuries and transportation to the hospital was unnecessary; and WHEREAS, due to this quick action of removing the pilot and determining there were no additional passengers in the airplane, personnel from the Department of Fire and EMS were able to immediately focus their actions on implementing preventive measures to ensure there were no environmental impacts to the reservoir and the water supply. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 14th day of December 2011, publicly recognizes Mr. Randy Rowekamp and Mrs. Sara Rowekamp, on behalf of the citizens of Chesterfield County, for their dedication and commitment to the safety of all the citizens of Chesterfield County. AND, BE IT FURTHER RESOLVED that a copy of this resolution be presented to Mr. and Mrs. Rowekamp and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Ayes: Warren, Jaeckle, Holland and Gecker. Nays: None. Absent: Durfee. Mr. Warren presented the executed resolution to Mr. and Mrs. Rowekamp and expressed his appreciation for their quick action of removing the pilot. Mr. Rowekamp recognized the first responders who were on the scene and stated he is very humbled by the experience. 14.C. RECOGNIZING MR. MATTHEW BENNETT WELLS UPON ATTAINING THE RANK OF EAGLE SCOUT Mr. Kappel introduced Mr. Matthew Bennett Wells, who was present to receive the resolution. On motion of Mr. Holland, seconded by Mr. Warren, 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 J J J 11-700 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. Matthew Bennett Wells, Troop 2886, sponsored by Trinity 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, Matthew 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 14th day of December 2011, publicly recognizes Mr. Matthew Bennett wells, extends congratulations on his attainment of Eagle Scout, and acknowledges the good fortune of the county to have such an outstanding young man as one of its citizens. Ayes: Warren, Jaeckle, Holland and Gecker. Nays: None. Absent: Durfee. Mr. Holland presented the executed resolution and patch to Mr. Wells, accompanied by his parents, congratulated him on his outstanding achievements, and wished him well in future endeavors. Mr. wells 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. Ralph Carter expressed concerns relative to the proposed Comprehensive Plan and personal property rights. Ms. Nancy Woolridge addressed the Board relative to the proposed Comprehensive Plan and affordable housing options. Mr. Paul Grasewicz addressed the Board relative to Agenda 21 and property rights. Ms. Sandy Brasili expressed concerns relative to the proposed Comprehensive Plan and water conservation. Ms. Jackie Whitmore expressed concerns relative to the proposed Comprehensive Plan and personal property rights. 11-701 Mr. Warren stated a public hearing will be held on January 25, 2012 regarding the Draft Comprehensive Plan. He urged those who spoke this evening to attend the hearing. 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 12SN0105 In Midlothian District, Holiday Signs c/o Allen M. Twedt requests conditional use planned development approval and amendment of zoning district map to permit a computer- controlled, variable message, electronic sign and exceptions to Ordinance requirements in a General Business (C-5) Dist on .5 acre known as 11665 Midlothian Turnpike. Density will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for general commercial use. Tax ID 739-708-6141. Mr. Turner stated Mr. Gecker is requesting that Case 12SN0105 be remanded to the Planning Commission for further review. Mr. Allen Twedt concurred with the remand request. Mr. Warren called for public comment. Mr. Paul Grasewicz questioned the purpose of the remand. There being no one else to speak to the request, the public hearing was closed. Mr. Gecker stated the applicant substantially revised the material of the case this morning. Mr. Gecker then made a motion, seconded by Ms. Jaeckle, for the Board to remand Case 12SN0105 to the Planning Commission. Ayes: Warren, Jaeckle, Holland and Gecker. Nays: None. Absent: Durfee. 12SN0111 In Clover Hill Magisterial District, Southshore Shops LLC requests amendment of conditional use planned development (Case OlSN0121) and amendment of zoning district map to permit cocktail lounge use in Neighborhood Business (C-2) and Corporate Office (O-2) Districts on 4.8 acres located in the northeast corner of Southshore Point and Southshore Drives. Density will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for community mixed use. Tax ID 725-672-0429. Mr. Turner presented a summary of Case 12SN0111 and stated both the Planning Commission and staff recommended approval and acceptance of the proffered condition. J J J 11-702 Ms. Gloria Frye, representing the applicant, asked the Board to follow the recommendation of the Planning Commission and approve the amendment. Mr. Warren called for public comment. There being no one to speak to the request, the public hearing was closed. Mr. Warren expressed his appreciation to Ms. Frye for her work with the applicant. Mr. Warren then made a motion, seconded by Mr. Holland, for the Board to approve Case 12SN0111 and accept the following proffered condition: Southshore Shops LLC (the "Owner") in this zoning case, pursuant to Section 15.2-2298 of the Code of Virginia (1950 as amended) and the Zoning Ordinance of Chesterfield County, for itself and its successors or assigns, proffers that the development of the property known as Chesterfield County a part of Tax Identification Number 725-672-0429, further limited to the property on the north line of the "Special Access Street" and shown as the "Dankos Property" on the approved Master Plan for Case O1SN0121 (the "Property"), under consideration will be developed according to the following conditions if, and only if, the request for the amendment to the condition is granted. In the event the request is denied or approved with conditions not agreed to by the Owner, this proffer shall immediately be null and void and of no further force or effect. Amend Condition 2 of O1SN0121 (Dankos Property) to read: 2. The following uses shall not be permitted A. Mobile home in conjunction with a business B. Group care facilities C. Dining halls, and night clubs D. Rescue squad and fire station E. Automobile service station exclusive of auto repair F. Boarding kennels Further the following uses shall be permitted with the stated restrictions A. Hotels motels or inns provided such uses are located within 300 feet of Hull Street Road B. Convenience store with gasoline sales provided such uses are located within 300 feet of Hull Street Road and Temie Lee Parkway C. Cocktail lounge, when located indoors and accessory to the use operated by Buffalo Wild Wings Restaurant, exclusively. Such operation shall not be transferable nor run with the land, and permitted only under the following restrictions: (i) Exclusive of dancing by the public. (ii) Exclusive of karaoke. 11-703 (iii) Hours for live entertainment shall be limited to no later than 11:00 p.m. (iv) Within thirty (30) days of approval of this request, the following improvements shall be made. The locations of these improvements are depicted on the plan dated November 15,_ 2011 titled "Fence and Landscaping Schematic" marked Exhibit A. (a) To preclude vehicular and pedestrian traffic behind the building an 8' tall privacy fence shall be installed generally in the locations shown on Exhibit A. (b) To minimize patron noise from the exterior of the business, panels shall be installed on the western side of the outdoor patio as shown on Exhibit A. (c) To supplement the landscaping at the rear of the Restaurant, four (4) Leyland Cypress trees measuring a minimum of 10 feet in height at the time of planting shall be installed generally in the locations depicted on Exhibit A. (v) Access to the outdoor patio shall be through the interior of the restaurant. Patio exit gates shall be equipped with panic release bars to be used only during emergencies. (vi) Sound systems shall be equipped with controls permitting full volume adjustment. Sound from the live entertainment shall not be louder that 50 dBA, as measured at the Rear Property Line as noted on Exhibit A. Ayes: Warren, Jaeckle, Holland and Gecker. Nays: None. Absent: Durfee. 12SN0130 In Clover Hill Magisterial District, Scot Hawthorne requests conditional use approval and amendment of zoning district map to permit a contractor's office and storage yard incidental to a dwelling in an Agricultural (A) District on 8.8 acres fronting 120 feet on the west line of Courthouse Road, 700 feet north line of Tabor Lane. Density will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for office/residential mixed use. Tax IDs 747-688-2085, 3788 and 4459. Mr. Turner presented a summary of Case 12SN0130 and stated both the Planning Commission and staff recommended approval and acceptance of the proffered conditions. Mr. Scot Hawthorne accepted the recommendation. J J J 11-704 Mr. Warren called for public comment. There being no one to speak to the request, the public hearing was closed. Mr. Warren commended Mr. Hawthorne for his business. Mr. Warren made a motion, seconded by Mr. Holland, for the Board to approve Case 12SN0130 and accept the following proffered conditions: 1. This conditional use approval shall be granted to and for Scot Hawthorne exclusively, and shall not be transferable or run with the land. (P) 2. This conditional use approval shall be for the operation of a site contractor's office and storage yard. (P) 3. This conditional use approval shall be granted for a period not to exceed five (5) years from the date of approval. (P) 4. A maximum of fourteen (14) employees shall be permitted on the property at any time. (P) 5. All vehicles, equipment storage and improvements associated with this business, exclusive of access, shall be located a minimum of 850 feet from the ultimate right of way of Courthouse Road as generally shown on the attached "Exhibit" (Operational Area). (P) 6. Use of the eastern most portions of Tax ID 747-688- 4459, as shown on the attached "Exhibit," shall be for driveway access only. (P) 7. All vehicles and equipment storage associated with this business shall be located no closer than (15) feet to any adjacent property. (P) 8. No additions or exterior alterations to existing building(s) or any new building construction shall be permitted to accommodate this use. (P) 9. There shall be no signs identifying this use. (P) 10. Hours of operation shall be limited to between 7 a.m. and 4:30 p.m., Monday through Friday. (P) Ayes: Warren, Jaeckle, Holland and Gecker. Nays: None. Absent: Durfee. 17. PUBLIC HEARINGS 17.A. TO CONSIDER THE REAL ESTATE TAX EXEMPTION REQUEST OF PATIENT SERVICES, INCORPORATED Mr. Mincks stated this date and time has been advertised for a public hearing for the Board to consider the real estate tax exception request of Patient Services, Incorporated. 11-705 Mr. Warren called for public comment. No one came forward to speak to the issue. In response to Mr. Holland's question regarding 501(C)(3), Mr. Mincks stated any exemption under 501(C) would qualify under state law. On motion of Mr. Holland, seconded by Ms. Jaeckle, the Board adopted the following ordinance: AN ORDINANCE TO DESIGNATE REAL PROPERTY OWNED BY PATIENT SERVICES, INC. TO BE EXEMPT FROM PROPERTY TAXATION WHEREAS, subsection 6(A)(6) of Article X of the Constitution of Virginia, on and after January 1, 2003, authorizes localities to designate as exempt from local taxation the real or personal property, or both, owned by a non-profit organization that uses such property for religious, charitable, patriotic, historical, benevolent, cultural, or public park and playground purposes; and WHEREAS, the County has received a request from Patient Services, Inc. to consider granting it a tax exemption for two specific pieces of real property owned by it in Chesterfield County and described as County Property Tax Parcel ID Nos. 730687964700002, and 730687815500000 (the "Real Property"); and WHEREAS, in accordance with Va. Code, §58.1-3651 the Board has conducted a public hearing and considered each of the questions required to be considered before adopting an ordinance granting any such exemption; and WHEREAS, the Board has determined that Patient Services, Inc. meets the requirement for the real property tax exemption that it has requested by reason of its being a non- profit organization which uses the real property for which it is requesting the exemption for benevolent purposes; and WHEREAS, it is the policy of the Board to limit tax exemptions for real estate to a maximum amount of $5,000. NOW THEREFORE BE IT ORDAINED by the Board of Supervisors of Chesterfield County: 1. Patient Services, Inc. is hereby designated a benevolent organization within the context of Section 6(A)(6) of Article X of the Constitution of Virginia. 2. The Real Property is used by Patient Services, Inc. exclusively for benevolent purposes on a non-profit basis as set forth in Section 1 of this ordinance and is hereby determined to be exempt from local taxation up to a maximum amount of $5,000. This exemption shall be contingent on the continued use of the property in accordance with the purpose for which the organization is designated as exempt in Section 1. 3. This real property tax exemption shall be effective as of January 1, 2012. J J J 11-706 4. This ordinance shall not be set out in the County Code but shall be kept on file in the offices of the real estate assessor and commissioner of revenue. 5. This ordinance shall be in effect immediately upon its adoption. Ayes: Warren, Jaeckle, Holland and Gecker. Nays: None. Absent : Durfee . 17.B. TO CONSIDER THE PERSONAL PROPERTY TAX EXEMPTION REQUEST OF THE AFFORDABLE RESIDENCES IN CHESTERFIELD II Mr. Mincks stated this date and time has been advertised for a public hearing for the Board to consider the personal property tax exemption request of the Affordable Residences in Chesterfield II. Mr. Warren called for public comment. Ms. Mary Kay Huss, Vice President of Operations for the Better Housing Coalition, expressed her appreciation to the Board for consideration of the tax exemption application for Affordable Residences. No one else came forward to speak to the issue. On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board adopted the following ordinance: AN ORDINANCE TO DESIGNATE REAL PROPERTY OWNED BY AFFORDABLE RESIDENCES IN CHESTERFIELD II TO BE EXEMPT FROM PROPERTY TAXATION WHEREAS, subsection 6(A)(6) of Article X of the Constitution of Virginia, on and after January 1, 2003, authorizes localities to designate as exempt from local taxation the real or personal property, or both, owned by a non-profit organization that uses such property for religious, charitable, patriotic, historical, benevolent, cultural, or public park and playground purposes; and WHEREAS, the County has received a request from Affordable Residences in Chesterfield II to consider granting it a tax exemption for personal property owned by it in Chesterfield County; and WHEREAS, in accordance with Va. Code, §58.1-3651 the Board has conducted a public hearing and considered each of the questions required to be considered before adopting an ordinance granting any such exemption; and WHEREAS, the Board has determined that Affordable Residences in Chesterfield II meets the requirement for the personal property tax exemption that it has requested by reason of its being a non-profit organization which uses the i1-707 real property for which it is requesting the exemption for benevolent purposes; and WHEREAS, it is the policy of the Board to limit tax exemptions for real estate to a maximum amount of $5,000. NOW THEREFORE BE IT ORDAINED by the Board of Supervisors of Chesterfield County: 1. Affordable Residences in Chesterfield II is hereby designated a benevolent organization within the context of Section 6(A)(6) of Article X of the Constitution of Virginia. 2. The personal property is used by Affordable Residences in Chesterfield II exclusively for benevolent purposes on a non-profit basis as set forth in Section 1 of this ordinance and is hereby determined to be exempt from local taxation up to a maximum amount of $5,000. This exemption shall be contingent on the continued use of the property in accordance with the purpose for which the organization is designated as exempt in Section 1. 3. This personal property tax exemption shall be effective as of January 1, 2012. 4. This ordinance shall not be set out in the County Code but shall be kept on file in the offices of the real estate assessor and commissioner of revenue. 5. This ordinance shall be in effect immediately upon its adoption. Ayes: Warren, Jaeckle, Holland and Gecker. Nays: None. Absent: Durfee. 17.C. TO CONSIDER AMENDING THE LEASE OF REAL PROPERTY AT THE LOWE'S ATHLETIC COMPLEX FOR THE OPERATION OF SOCCER AND OTHER PROGRAMS WITH CHESTERFIELD UNITED SOCCER CLUB Mr. Golden stated this date and time has been advertised for a public hearing for the Board to consider amending the lease of real property at the Lowe's Athletic Complex for the operation of soccer and other programs with Chesterfield United Soccer Club. Mr. Patrick McStay, Director of Operations for Chesterfield United Soccer Club, requested the Board's consideration of the request. He stated a longer term lease is needed to secure U.S. Soccer Foundation funding. Mr. Warren called for public comment. No one came forward to speak to the issue. Ms. Jaeckle made a motion for the Board to amend the lease of real property at the Lowe's Athletic Complex. J J J 11-708 In response of Mr. Gecker's question regarding county protection, Mr. Golden stated a short term notice process would be implemented if lease requirements are not fulfilled. In response to Mr. Holland's question, Mr. Golden stated the current lease has been in place since May 2010. He further stated the Parks and Recreation Advisory Commission has recommended approval. Ms. Jaeckle stated. securing potential funding to make possible improvements would remove obstacles relative to the extension of the lease. In response to Mr. Holland's question regarding funding, Mr. McStay stated approximately $1 million can be requested. He further stated the U.S. Soccer Foundation and the Y.M.C.A. are possible grantors. Mr. Holland seconded Ms. Jaeckle's motion. Mr. Warren called for a vote on Ms. Jaeckle's motion, seconded by Mr. Holland, for the Board to amend the lease of real property at the Lowe's Athletic Complex for the operation of soccer and other programs with Chesterfield United Soccer Club. Ayes: Warren, Jaeckle, Holland and Gecker. Nays: None. Absent: Durfee. 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 Mr. Douglas Barker addressed the Board relative to the principles of liberty and personal property. 20. ADJOURNMENT Mr. Holland made a motion, seconded by Ms. Jaeckle, for the Board to adjourn until January 11, 2012, at 3:00 p.m. Mr. Holland expressed appreciation to Mr. Barker for his comments. Mr. Warren called for a vote on the motion of Mr. Holland, seconded by Ms. Jaeckle for the Board to adjourn at 7:40 p.m. until January 11, 2012, at 3:00 p.m. Ayes: Warren, Jaeckle, Holland, and Gecker. Nays: None. Absent: Durfee., mes .L. St maier Arthur S. Warren County Administrator Chairman 11-709 J J J 11-710