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2012-02-08 MinutesBOARD OF SUPERVISORS MINUTES February 8, 2012 Supervisors in Attendance: Staff in Attendance: Mr. Daniel A. Gecker, Chairman Mr. Mike Bacile, Dir., Ms. Dorothy A. Jaeckle, Vice Chrm. Purchasing Mr. Arthur S. Warren Dr. Sheryl Bailey, Dep. Ms. James M. Holland County Administrator, Mr. Stephen A. Elswick Management Services Ms. Janice Blakley, Mr. James J. L. Stegmaier Clerk to the Board County Administrator Mr. Allan Carmody, Dir., Budget and Management Mr. Barry Condrey, Chief Information Officer Mr. Roy Covington, Dir., Utilities Ms. Mary Ann Curtin, Dir., Intergovtl. Relations Mr. Jonathan Davis, Dir., Real Estate Assessments Mr. Will Davis, Dir., Economic Development Mr. William Dupler, Dep. County Administrator, Community Development 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. Mike Mabe, Director, Libraries Ms. Mary Martin Selby, Dir., Human Resource Services 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. Rick Witt, Building Official Mr. Scott Zaremba, Dir., Human Resource Programs 11-71 Mr. Gecker called the scheduled Work Session to order at 1:00 p.m. 1. WORK SESSION REGARDING THE DRAFT COUNTYWIDE COMPREHENSIVE PLAN Mr. Turner presented a summary of the draft Comprehensive Plan. He reviewed the process stating staff has been working on the plan since May 2009 and has met with numerous stakeholders and groups and received much input. He further stated the Board-appointed Steering Committee has invested 18 months in the plan process by providing input. He stated the Planning Commission reviewed the plan over 10 months including holding district meetings, public meetings and public hearings. He noted citizen input relative to the draft plan included being too vague; not providing enough specifics; no data/analysis included in the document; too much planning jargon; land use categories are too difficult to understand/implement; densities too high; wrong approach to revitalization; and too voluminous. He also summarized ways to redraft the plan, which include using the previous area plan format for the plan; using clear, concise and simple terms (no glossary); common sense, easy to understand land use categories; removing the vision, recognizing that Chesterfield is a suburban county; keeping higher density away from city line; limiting mixed use and higher densities; separating revitalization from Economic Development; focusing on maintaining public facilities in older communities; recognizing the need for detailed planning in certain areas (special area plans - villages, centers, corridors, etc.); encourage residential development along the Appomattox River frontage; using infrastructure and public faculties investments to encouraging revitalization of neighborhoods, including community schools concept; indentifying specific road improvements in the near-term and supporting with data; identifying specific utility improvements and constraints to development; identifying long-term water supply, management and capacity issues; identifying specific key actions necessary to implement the plan (removing action matrix). He further stated the Board is asked to take action today to remand the draft plan back to the Planning Commission or deny so staff can undertake the drafting of a new plan based around the concepts explained. He stated in the time allotted, staff will create a plan with the Board of Supervisors and Planning Commission input and review. He stated staff will send the revisions to the Planning Commission the week of July 24, 2012, and the Planning Commission will make a recommendation to the Board of Supervisors on August 21, 2012. He further stated Board action will be anticipated for October 10, 2012. In closing, he stated the recommendation to the Board includes remanding the plan to the Planning Commission; providing staff and the Planning Commission clear direction for building the new plan; and staying involved in the development of the plan to keep staff on target. Mr. Gecker stated action will not be taken until the regularly scheduled meeting at 3:00 p.m. He expressed his appreciation to Mr. Turner for a thorough presentation. He stated the purpose of the work session is to make specific changes; however it is apparent that a more substantial rewrite is necessary. J J J 11-72 Ms. Jaeckle requested a copy of Mr. Turner's presentation. In response to Mr. Holland's question, Mr. Mincks stated the plan can be updated at any time but has to be reviewed every five years. Mr. Elswick expressed his appreciation to Mr. Turner for the summary. Ms. Jaeckle stated the plan was due to the Board in July and the Planning Commission asked for more time. She noted the input by the citizenry was extremely helpful. She stated based on the input she has received, she believes the draft plan should be rewritten. In response to Mr. Warren's question regarding the process to draft a new plan, Mr. Mincks stated the Board is not required to remand or reject the proposal to be considered to develop a new plan. He further stated the Planning Commission can be directed to create a new plan in either fashion. Mr. Warren expressed concerns relative to a disconnection between citizen participation and the final product, stating the consultant did not reflect committee members' thoughts into the draft plan. He further stated the county currently has very effective area plans in effect that are supported by business and citizens. He stated his opinion of the draft plan is that it is fundamentally flawed; lacks clarity; it is too restrictive; contains words .that do not have specific meaning; is not protective of neighborhood property rights and values; has a disconnect between citizen views; it is difficult to follow and too wordy; and includes a disconnect between the draft plan and area plans. He stressed the importance of revitalization to the county. He expressed concerns regarding existing neighborhoods and diminishing property values, stating there should be a balanced bond referendum for all districts in the county. He further stated the plan needs to focus on a long-term water supply approach. In closing, he expressed concerns relative to the draft plan and the Matoaca District. Mr. Holland expressed his appreciation to Mr. Turner and staff for an outstanding summary. He stated there have been numerous meetings regarding the process of the draft plan. He further stated he has supported the process to allow his constituents an opportunity to voice their concerns. He expressed concerns relative to revitalization, density at county and city lines, transportation and transit nodes, equity in public facilities between newer and older areas throughout the county, and vacant commercial corridors. He stated the plan should be remanded distinctly with the idea of what is expected with regards to direction and timing. He further stated the potential for savings and the best way to utilize all resources should not be overlooked. Mr. Elswick stated he has spoken with numerous citizens, land owners and business owners regarding the draft plan. He further stated the majority of citizens who attended his community meeting were not in favor of the proposal and stated the Board plans to reject the proposal as it is written. He further stated he looks forward to seeing the revised product. 11-73 Ms. Jaeckle stated this is an opportunity to make the process better with the information and data that was received as a result of citizens' input. Mr. Gecker stated there was a mandate after the last election to begin to look at growth management in the county. He further stated there is a lot of zoning that is not expected to be built out for the next two decades, which eliminates the county's ability to plan as the need arises as opposed to rezoning way too early. He stated this continuing process is vital to implementing a plan for the county. He noted Board members appointed many citizens to the Steering Committee to depoliticize the process. He stated when drafting the plan, originally significant areas of disagreement to resolve were an east/west road, development in countryside, density in certain portions of the county and a revitalization section into the economic development portion of the plan. He further stated the draft plan lacks clarity and doesn't reflect that the county is a suburban jurisdiction, noting that the plan should set out reasonable expectations of what to expect in the community. He further stated he would like to see the east/west road left in the plan to provide a marker. Regarding development of countryside, he stated there should be some development as a matter of right, assuming the infrastructure is there to support it and to preserve rural character; it should be combined with some aggressive program of acquisition of development rights if a land owner decides to take that route. He stated there is no need to convert the eastern portion of the county into higher density and he expressed concerns relative to revitalization of eastern neighborhoods. He further stated revitalization should stand alone and should include the idea of parity between public facilities. He stated there are schools in parts of the county that are in desperate need of complete rehabilitation in order to make certain areas of the county more attractive. He noted the 2004 Comprehensive Plan is a better model to start with than the countywide approach. He stated the plan should include fewer centers; however, there are places where higher density is appropriate. In closing, he stated smaller neighborhood schools are good for the community and the plan should reflect that notion. Discussion ensued relative to including the expansion of Virginia State University into the proposal and forming a plan relative to Chesterfield's riverfronts. Mr. Gecker stated this process is important to develop the most advantageous plan for the county. It was generally agreed that the Board recess until 3:00 p.m. for the regularly scheduled meeting in the Public Meeting Room. Reconvening: Mr. Gecker called the regularly scheduled meeting to order at 3:00 p.m. J J J 11-74 1. APPROVAL OF MINUTES FOR JANUARY 25, 2012 On motion of Ms. Jaeckle, seconded by Mr. Elswick, the Board approved the minutes from January 25, 2012, as submitted. Ayes: Gecker, Jaeckle, Warren, Holland and Elswick. Nays: None. 2. COUNTY ADMINISTRATOR'S COMMENTS 2.A. COUNTY ADMINISTRATOR'S REPORT • Mr. Stegmaier was pleased to report that earlier this week the Governor announced that Honeywell, a Fortune 100 manufacturing and technology company, will invest $27.5 million to add to its Advanced Fibers and Composites (AF&C) operation in Chesterfield County. He recognized Mr. Will Davis and his staff and thanked the Virginia Economic Development Partnership for working with the county, the Greater Richmond Partnership and Virginia's Gateway Region to secure the project for Chesterfield and Virginia. • Mr. Stegmaier announced that Chesterfield County Police hosted a Drug Take Back Day on Saturday, January 28t'', in the Hull Street Station parking lot. He stated 675 pounds of unused, unwanted and potentially harmful drugs were collected. • Mr. Stegmaier was very pleased to report some good news regarding the issue of unsafe generator installations in the county. He stated an arrangement has been reached that will enable a company, separate from those who did the unsafe installations, to correct and complete the generator installations on at least 44 jobs at no cost to the customers. He thanked the Building Inspection Department staff for collaborating with the County Attorney's office as they worked to discover installations for which permits were not obtained. • Ms. Mary Ann Curtin presented a brief update to the Board of Supervisors on the status of several bills before the General Assembly and from the county's legislative program. She stated House Bill 107, changing the composition of the board of directors of the Richmond Metropolitan Authority, was carried over to next year in Counties, Cities and Towns Committee. She stated House Bill 155, which was to get less interference from VDOT in locally administered revenue sharing road projects, was laid on the table in subcommittee at the request of the patron, the county, and VDOT. She further stated VDOT adamantly opposed the bill, and after several hours of discussion and negotiation with VDOT staff, they agreed that the Commissioner would send a letter to the county basically committing to eliminating obstacles from VDOT for these projects. She stated the legislative session will reach crossover on February 14, 2012, February 19 is the day the House and Senate release their amendments to the state budget, and adjourn on March 10th 11-75 3. BOARD MEMBER REPORTS Mr. Holland reported that he attended a ribbon cutting at BFPE International on February 3rd. He also briefly mentioned the opening of the new Aquatics Center coming soon in 2012. 4. REQUESTS TO POSTPONE AGENDA ITEMS AND ADDITIONS, DELETIONS OR CHANGES IN THE ORDER OF PRESENTATION There were no Requests to Postpone Agenda Items and Additions, Deletions or Changes in the Order of Presentation. 5. RESOLUTIONS 5.A. RECOGNIZING MR. F. WAYNE BASS FOR HIS SERVICE AS A MEMBER OF THE CHESTERFIELD COUNTY PLANNING COMMISSION Mr. Turner introduced Mr. Wayne Bass, who was present to receive the resolution. On motion of Mr. Holland, seconded by Mr. Elswick, the Board adopted the following resolution: WHEREAS, Mr. F. Wayne Bass diligently and effectively served Chesterfield County as the Planning Commissioner from Matoaca District from January 2004 to December 2011; and WHEREAS, Mr. Bass served the current and future planning interests of a vast and diverse district encompassing 214 square miles and 26,000 properties, consisting of rural areas, farms, villages, waterfront properties, subdivisions, and commercial development; and WHEREAS, Mr. Bass provided leadership to the Planning Commission by serving as Chairman during the Planning Commission review of the draft Comprehensive Plan; and WHEREAS, Mr. Bass provided leadership in efforts to shape the growth, development, and improvement of the Matoaca District and the entire county during these eight years; and WHEREAS, Mr. Bass guided Planning Commission review of the Upper Swift Creek Plan amendment, addressing concerns about the environment and quality of life in the Matoaca District; and WHEREAS, Mr. Bass participated in public projects that will significantly affect and improve the quality of life for Matoaca District residents and the citizens of Chesterfield County, including the new Cosby High School, Horner Park, and the expansion of Virginia State University; and WHEREAS, Mr..Bass actively negotiated hundreds of zoning cases, site plans, and subdivision appeals, which set a quality standard for the entire Matoaca District; and WHEREAS, Mr. Bass helped develop numerous planning projects promoting quality of life for all county citizens; J J J 11-76 among these were ordinances for Chesapeake Bay Preservation Act implementation; communications towers; electronic message center signs; home occupations; planning fee reductions; sign ordinance standards; Traditional Neighborhood Development zoning; Upper Swift Creek water quality standards; and wind energy systems; and WHEREAS, Mr. Bass excelled at working with citizens, developers, and county staff towards the development of high quality projects for the benefit of present and future residents. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 8th day of February 2012, publicly recognizes Mr. F. Wayne Bass and expresses appreciation for his outstanding contributions to the citizens of Chesterfield County. AND, BE IT FURTHER RESOLVED that a copy of this resolution be presented to Mr. Bass and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Ayes: Gecker, Jaeckle, Warren, Holland and Elswick. Nays: None. Mr. Gecker presented the executed resolution to Mr. Bass and commended him on his accomplishments on the development of high quality projects for the benefit of present and future residents. Mr. Elswick expressed his thanks to Mr. Bass for his outstanding contributions to the citizens of Chesterfield County. Mr. Bass expressed his appreciation for the special recognition from the Board of Supervisors. 6. WORK SESSIONS There were no Work Sessions at this time. 7. DEFERRED ITEMS 7.A. CONSIDERATION OF THE DRAFT COUNTYWIDE COMPREHENSIVE PLAN Mr. Holland made a motion as follows: "I would like to make a motion to send this draft Comprehensive Plan back to the Planning Commission for the purpose of continuing the process we began in 2009. This is not, however, a motion requiring the Planning Commission to retain this draft plan or any portion of the plan. In fact, as part of my motion, I want to direct the Planning Commission to seriously consider our existing Comprehensive Plan as a foundation for a new draft plan. Also, as part of my motion, the Planning Commission is directed to consider the issues as outlined on a list 11-77 provided to all Board members by staff when the Commission develops the new plan. Finally, as part of my motion, I am directing the Planning Commission to return a new draft plan to the Board no later than August 21, 2012. That is my motion." Mr. Warren made a substitute motion as follows: "I would like to make a motion to send this draft Comprehensive Plan back to the Planning Commission for the purpose of continuing the process we began in 2009. This is not, however, a motion requiring the Planning Commission to retain this draft plan or any portion of the plan. In fact, as part of my motion, this motion redirects the Planning Commission to use our existing Comprehensive Plan as the foundation for the new draft plan based on existing adopted plans and capturing input provided by citizens, committees and business groups during the public process. Also, as part of my motion, the Planning Commission is directed to consider the following issues when the Commission develops the new plan. Those issues were discussed in our meeting this afternoon and are provided to all Board members. Finally, as part of my motion, I am directing the Planning Commission to return a new draft plan to the Board no later than August 21, 2012. That is my motion" In response to Ms. Jaeckle's question regarding the difference between the two motions, Mr. Warren stated the focal point of his motion is to redirect the Planning Commission to use the existing Comprehensive Plan. In response to Mr. Holland's question, Mr. Warren stated the focus is on making sure that the Planning Commission uses the existing Comprehensive Plan as the foundation, instead of the draft Comprehensive Plan. Mr. Warren's motion failed due to lack of a second. Mr. Gecker seconded the original motion. Mr. Gecker asked that the full scope of the motion be made public. Mr. Turner stated the revised plan should emphasize the following: • A plan document with clarity, simplicity, and brevity; • Acknowledge the strong foundation of the county's area plans and build off of that foundation; • Land use recommendations should recognize the county's existing suburban land use pattern, emphasize the importance of Chesterfield's villages, identify higher density nodes on Route 288, identify fewer mixed use centers, and limited mixed use along corridors; • A coordinated water demand and supply management strategy; • Include the East/West Freeway for long-range planning purposes; • A separate revitalization chapter focusing on parity of public facilities and services, especially schools, with J J 11-78 promoting of higher density not a goal of revitalization efforts, and the need to revitalize commercial corridors; • Accommodate transit nodes; • The importance of our rural areas with the understanding that rural areas should have some development as a matter of right, and if maintained as rural, bring forward an acquisition of development rights program; • Parity among public facilities, especially in schools, identifying specific schools to completely rehabilitate, as well as promoting neighborhood schools concepts (smaller), and using the public facilities plan as a model for the Capital Improvement Program; • Recognize and support the expansion of Virginia State University; • Acknowledge the importance of Chesterfield's riverfronts through focused planning efforts. In response to Ms. Jaeckle's question regarding transit nodes, Mr. Turner stated a suggestion was made for the plan to promote higher density nodes in certain areas with the threshold that would support limited mass transit. Mr. Holland stated the plan would accommodate mass transit buses primarily and other modes of transportation. Mr. Warren clarified his substitute motion. Mr. Gecker called for a vote on the motion of Mr. Holland, seconded by Mr. Gecker, for the Board to send the draft Comprehensive Plan back to the Planning Commission for the purpose of continuing the process begun in 2009; not require the Planning Commission to retain the draft plan or any portion of the plan; and direct the Planning Commission to seriously consider the county's existing Comprehensive Plan as a foundation for a new draft plan. And, further, the Planning Commission was directed to consider the following issues when developing the new plan: • A plan document with clarity, simplicity, and brevity; • Acknowledge the strong foundation of the county's area plans and build off of that foundation; • Land use recommendations should recognize the county's existing suburban land use pattern, emphasize the importance of Chesterfield's villages, identify higher density nodes on Route 288, identify fewer mixed use centers, and limited mixed use along corridors; • A coordinated water demand and supply management strategy; • Include the East/West Freeway for long-range planning purposes; • A separate revitalization chapter focusing on parity of public facilities and services, especially schools, with promoting of higher density not a goal of revitalization efforts, and the need to revitalize commercial corridors; • Accommodate transit nodes; • The importance of our rural areas with the understanding that rural areas should have some development as a 11-79 matter of right, and if maintained as rural, bring forward an acquisition of development rights program; • Parity among public facilities, especially in schools, identifying specific schools to completely rehabilitate, as well as promoting neighborhood schools concepts (smaller), and using the public facilities plan as a model for the Capital Improvement Program; • Recognize and support the expansion of Virginia State University; • Acknowledge the importance of Chesterfield's riverfronts through focused planning efforts. And, further, the Planning Commission was directed to return a new draft plan to the Board no later than August 21, 2012. Ayes: Gecker, Jaeckle, Holland and Elswick. Nays: Warren. Mr. Gecker excused himself from the meeting. 8. NEW BUSINESS 8.A. CONSENT ITEMS 8.A.1. AUTHORIZE THE RECEIPT AND APPROPRIATION OF GRANT FUNDS FROM THE UNITED STATES DEPARTMENT OF HOMELAND SECURITY FOR CHESTERFIELD FIRE AND EMS AS THE SPONSORING AGENCY OF THE VIRGINIA DIVISION 1 - REGIONAL TECHNICAL RESCUE TEAM On motion of Mr. Holland, seconded by Mr. Elswick, the Board authorized the Fire and EMS Department, Emergency Management Division, to receive and appropriate $100,000.00 in grant funds from the United States Department of Homeland Security for heavy tactical rescue team equipment, exercises and training for the Virginia Division 1 - Regional Technical Rescue Team. Ayes: Jaeckle, Warren, Holland and Elswick. Nays: None. Absent: Gecker. 8.A.2. SET DATES FOR PUBLIC HEARINGS 8.A.2.a. TO CONSIDER AN AMENDMENT TO THE COUNTY CODE RELATING TO STORM WATER AND BEST MANAGEMENT PRACTICES FACILITIES IN BUFFERS On motion of Mr. Holland, seconded by Mr. Elswick, the Board set March 7, 2012, as the date for a public hearing to consider an amendment to the County Code relating to storm water and best management practices facilities in buffers. Ayes: Jaeckle, Warren, Holland and Elswick. Nays: None. Absent: Gecker. J J J 11-80 8.A.2.b. TO CONSIDER LEASE OF REAL PROPERTY AT HENRICUS HISTORICAL PARK TO THE HENRICUS FOUNDATION On motion of Mr. Holland, seconded by Mr. Elswick, the Board set February 22, 2012, as the date for a public hearing to consider lease of real property at Henricus Historical Park to the Henricus Foundation. Ayes: Jaeckle, Warren, Holland and Elswick. Nays: None. Absent: Gecker. 8.A.3. REQUEST TO QUITCLAIM VARIOUS EASEMENTS ACROSS THE PROPERTY OF 13531 HULL STREET ROAD, LLC On motion of Mr. Holland, seconded by Mr. Elswick, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute a quitclaim deed to vacate a 20', SWM/BMP access easement, a variable width SWM/BMP easement and a 16' drainage easement (Private) across the property of 13531 Hull Street Road, LLC. Ayes: Jaeckle, Warren, Holland and Elswick. Nays: None. Absent: Gecker. 8.A.4. ADOPTION OF RESOLUTIONS RECOGNIZING COUNTY EMPLOYEES UPON THEIR RETIREMENT 8.A.4.a. MS. SHEILA R. LARD, PURCHASING DEPARTMENT On motion of Mr. Holland, seconded by Mr. Elswick, the Board adopted the following resolution: WHEREAS, Ms. Sheila R. Ladd will retire on March 2, 2012, after providing thirty-one years of dedicated and faithful full-time service to Chesterfield County; and WHEREAS, Ms. Ladd first began her service on a part-time basis in June of 1979, as a Clerk Typist, and was hired full- time in the position of Data Entry Operator I in the Purchasing Department on March 2, 1981; and WHEREAS, Ms. Ladd has been promoted and her position reclassified over the years, and she has currently been serving in the position of Contract Officer since August 4, 2001; and WHEREAS, Ms. Ladd was a member of professional procurement organizations including the National Institute of Governmental Purchasing (NIGP), the Virginia Association of Governmental Purchasing (VAGP), and the Capital Area Purchasing Association (CAPA) and actively participated in training opportunities from these organizations; and WHEREAS, Ms. Ladd successfully completed the TQI Advisor Certification requirements in August 1999 and also successfully completed the Employee Certificate from Chesterfield University's School of Leadership and Personal 11-81 Effectiveness and attended the Employee Leadership Institute in 2007; and WHEREAS, Ms. Ladd has established and administered requirements contracts during her tenure, which have successfully met the needs of county and school departments through effective, efficient, and cost saving procurement techniques; and WHEREAS, Ms. Ladd was instrumental in the development of the matching exception process used for over $5000 purchase orders in IFAS; and WHEREAS, Ms. Ladd worked effectively with Accounting and Purchasing staff to develop a method of tracking and reporting operational leases each fiscal year; and WHEREAS, Ms. Ladd provided continuous and relentless support daily to both county and schools ensuring that change orders for over $5000 purchase orders were processed timely and correctly in IFAS; and WHEREAS, Ms. Ladd delivered timely and accurate monthly purchase order volume statistics to Purchasing Department management; and WHEREAS, Ms. Ladd has always remained calm in her dealings with her customers and vendors; and WHEREAS, Ms. Ladd was always willing to take on any challenge presented to her with a positive "can-do" attitude; and WHEREAS, Ms. Ladd was active in volunteering within the Purchasing Department as well as other county-sponsored organizations such as CCHASM and United Way; and WHEREAS, Ms. Ladd has faithfully and effectively discharged her duties in each and every capacity with proficiency, dedication, and an unwavering commitment to provide excellent customer service to the many customers that the Purchasing Department serves in both county and school operations; and WHEREAS, Ms. Ladd displayed a commitment to duty along with an unwavering commitment to the highest ethical and moral standards while continually seeking to obtain the best value for the taxpayers of Chesterfield County; and WHEREAS, Ms. Ladd will be tremendously missed for the quality and caliber of her commitment and performance in the Purchasing Department and to its many customers. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes Ms. Sheila R. Ladd and extends its appreciation for her thirty-one years of dedicated service to the county, congratulates her upon her retirement, and best wishes for a long and happy retirement. Ayes: Jaeckle, Warren, Holland and Elswick. Nays: None. Absent: Decker. J J J 11-82 8.A.4.b. MR. KENNETH R. BREITENBACH, PARKS AND RECREATION DEPARTMENT On motion of Mr. Holland, seconded by Mr. Elswick, the Board adopted the following resolution: WHEREAS, Mr. Kenneth R. Breitenbach will retire from the Chesterfield County Department of Parks and Recreation effective March 1, 2012; and WHEREAS, Mr. Breitenbach began his public service with Chesterfield County in April 1988, with the Parks and Recreation Department, as a part-time County Maintenance Worker; and WHEREAS, on January 29, 1990, Mr. Breitenbach was hired as a full-time Parks Groundskeeper; and WHEREAS, effective December 31, 1994, Mr. Breitenbach advanced to the position of Principal County Maintenance Worker and has continued his service as a Principal County Maintenance Worker within several park districts; and WHEREAS, Mr. Breitenbach has provided excellent customer service, integrity and knowledge in the maintenance and development of Chesterfield County parks and school facilities; and WHEREAS, Mr. Breitenbach has been an invaluable asset and mainstay for the Parks and Recreation Department for the past 24 years; and WHEREAS, Mr. Breitenbach has been dedicated, productive and dependable in fulfillment of his position responsibilities; and WHEREAS, Mr. Breitenbach will be missed by his co- workers, supervisors, and the citizens of Chesterfield County, whom he has served. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes the outstanding contributions of Mr. Kenneth R. Breitenbach, expresses the appreciation of all residents for his 24 years of 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, Warren, Holland and Elswick. Nays: None. Absent: Gecker. 11-83 8.A.5. ACCEPTANCE OF A PARCEL OF LAND ALONG LEWIS ROAD AND BRADLEY BRIDGE ROAD FROM RICHARD G. VANAMBURG AND NANCY D. VANAMBURG On motion of Mr. Holland, seconded by Mr. Elswick, the Board accepted the conveyance of a parcel of land along Lewis Road and Bradley Bridge Road from Richard G. Vanamburg and Nancy D. Vanamburg, 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: Jaeckle, Warren, Holland and Elswick. Nays: None. Absent: Gecker. 9. REPORTS 9.A. REPORT ON DEVELOPER WATER AND SEWER CONTRACTS 9.B. REPORT ON STATUS OF GENERAL FUND BALANCE, RESERVE FOR FUTURE CAPITAL PROJECTS, DISTRICT IMPROVEMENT FUNDS AND LEASE PURCHASES On motion of Mr. Holland, seconded by Mr. Elswick, the Board accepted the following reports: a Report on Developer Water and Sewer Contracts; and a Report on Status of General Fund Balance, Reserve for Future Capital Projects, District Improvement Funds and Lease Purchases. Ayes: Jaeckle, Warren, Holland and Elswick. Nays: None. Absent: Gecker. 10. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED MATTERS Ms. Nancy Woolridge expressed her appreciation to the Board for their admirable decision to remand the draft Comprehensive Plan to the Planning Commission. 11. DINNER On the motion of Mr. Holland, seconded by Mr. Elswick, the Board recessed to Room 502 for dinner. Ayes: Jaeckle, Warren, Holland and Elswick. Nays: None. Absent: Gecker. Reconvening: Mr. Gecker returned to the meeting. 12. INVOCATION Reverend Dr. Margaret Kutz, Chester United Methodist Church, gave the invocation. J J J 11-84 13. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Eagle Scout Ian Westbrook led the Pledge of Allegiance. 14. RESOLUTIONS 14.A. RECOGNIZING BOY SCOUTS UPON ATTAINING THE RANK OF EAGLE SCOUT MR. IAN PATRICK WESTBROOK, MIDLOTHIAN DISTRICT AND MR. AUSTIN CHARLES GRINDLE, BERMUDA TITCTRTC'T Mr. Kappel introduced Mr. Ian Westbrook and Mr. Austin Grindle, who were present to receive the resolutions. On motion of Mr. Holland, 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. Ian Patrick Westbrook, Troop 1891, sponsored by Son Air United Methodist Church, and Mr. Austin Charles Grindle, Troop 2837, sponsored by Chester Baptist 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 their experiences in Scouting, learning the lessons of responsible citizenship, and endeavoring to prepare themselves for a role as leaders in society, Ian and Austin have distinguished themselves as members 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 8th day of February 2012, publicly recognizes Mr. Ian Patrick Westbrook and Mr. Austin Charles Grindle, extends congratulations on their attainment of Eagle Scout, and acknowledges the good fortune of the county to have such outstanding young men as its citizens. Ayes: Gecker, Jaeckle, Warren, Holland and Elswick. Nays: None. Ms. Jaeckle and Mr. Gecker presented the executed resolutions and patches to Mr. Westbrook and Mr. Grindle, accompanied by their families, congratulated them on their outstanding achievements, and wished them well in future endeavors. 11-85 Mr. Westbrook and Mr. Grindle provided details of their Eagle Scout projects and expressed appreciation to their families and others for their support. 14.B. RECOGNIZING FEBRUARY 2012, AS "CHILDREN'S DENTAL HEALTH MONTH" IN CHESTERFIELD COUNTY Mr. Kappel introduced Dr. Samuel W. Galstan, Dr. C. Sharone Ward, and Dr. Frank Farrington, who were present to receive the resolution. On motion of Mr. Holland, seconded by Mr. Elswick, the Board adopted the following resolution: WHEREAS, the tenth annual "Give Kids a Smile! Access to Dental Care Day" was conducted in a number of Chesterfield County dental offices and schools on February 3, 2012; and WHEREAS, numerous children's dental health outreach activities and education will take place in Chesterfield County Schools throughout February 2012; and WHEREAS, through the joint efforts of the Southside Dental Society, the Virginia Dental Association, the Virginia Department of Health, Division of Dentistry, the Medical College of Virginia School of Dentistry, the Alliance of the Southside Dental Society, local dentists and dental healthcare providers who volunteer their time, and the school district of Chesterfield County, this program was established to foster the improvement of children's dental health; and WHEREAS, since inception of the "Give Kids a Smile! Access to Dental Care" program in 2003, the Southside Dental Society, along with many dental partners, have delivered more than $600,000 in free dental care to more than 5,600 patients utilizing more than 710 volunteers, a tremendous example of community partners and stakeholders working together to decrease barriers to accessing dental care for at-risk children in the community; and WHEREAS, these dental volunteers have provided educational materials and programs and stress the importance of regular dental examinations, daily brushing and flossing, proper nutrition, sealants and the use of mouth guards during athletic activities; and WHEREAS, several local dental offices volunteered their services on "Give Kids a Smile! Access to Dental Care Day," to provide treatment and education to ,local underprivileged children. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 8t'' day of February 2012, publicly recognizes February 3, 2012, as "Give Kids a Smile! Access to Dental Care Day" and February 2012, as "National Children's Dental Health Month" in Chesterfield County, expresses gratitude, on behalf of all Chesterfield County residents, and commends those organizations responsible for their proactive approach to dental health and also commends Dr. Samuel W. Galstan, Dr. C. Sharone Ward, Dr. Frank Farrington, Dr. James Keeton and Jo Anne Wells, RDH, for helping to protect our children's dental health. J J J 11-86 Ayes: Gecker, Jaeckle, Warren, Holland and Elswick. Nays: None. Ms. Jaeckle presented the executed resolutions to Dr. Galston, Dr. Ward, and Dr. Farrington and expressed appreciation for their dedication to protecting children's dental health. Dr. Galstan expressed his appreciation for the Board's continued support. 15. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED MATTERS Mr. Bob Herndon addressed the Board relative to public transit in Chesterfield County. Mr. Ralph Carter expressed his appreciation for the Board's diligence and efforts relative to the draft Comprehensive Plan. 16. PUBLIC HEARINGS 16.A. TO CONSIDER AMENDMENTS TO THE COUNTY CODE TO REQUIRE CRIMINAL BACKGROUND CHECKS FOR CERTAIN VOLUNTEERS AND FOR CERTAIN COUNTY EMPLOYEES WITH NEW JOB ASSIGNMENTS Ms. Mary Martin Selby stated this date and time has been advertised for a public hearing for the Board to consider amendments to the County Code to require criminal background checks for certain volunteers and for certain county employees with new job assignments. Mr. Gecker called for public comment. No one came forward to speak to the issue. On motion of Mr. Holland, seconded by Mr. Elswick, the Board adopted the following ordinance: AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING AND RE-ENACTING SECTION 2-79 RELATING TO BACKGROUND CHECKS BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Section 2-79 of the Code of the County of Chesterfield, 1997, as amended, is amended and re-enacted to read as follows: Sec. 2-79. Personnel background searches. (a) This section is enacted pursuant to §§ 19.2-389 and 15.2-1503.1 of the Code of Virginia. In the interest of public welfare and safety it is necessary to determine whether the past criminal and/or child protective services conduct of each person described in subsections (b), (c) and (d) is compatible with the nature of each person's employment. 11-87 (b) In addition to other background searches authorized by local, state, or federal law, the county administrator and his designees within county government shall conduct (1) criminal history record searches and (2) sex offender and crimes against minors registry searches for all applicants for full-time or part-time employment. who are offered a conditional offer of employment with the county, all employees who are being promoted to a position in their own or another department or applying for a transfer to a position in another department, and all employees whose terms and conditions of employment change such that they have new responsibilities involving (i) providing services to juveniles, the elderly or disabled, (ii) access to confidential or personal information as defined in Code of Virginia section 2.2-3801, (iii) collection of or routine access to public funds, (iv) entry into county buildings outside of work hours, or (v) service with either the police department, fire and EMS department, sheriff's office, the emergency communications center, or volunteer rescue squads and who have not had a background check within three (3) years of such change in job responsibilities. (c) In addition to other background searches authorized by local, state or federal law, the county administrator or his designees within county government shall conduct (1) criminal history record searches (2) sex offender and crimes against minors registry searches and (3) child protective services central registry searches on full- time and part-time county employees who provide services to juveniles or who provide maintenance services at county schools, and applicants for county employment, both full-time and part-time, who will hold such positions and who have received a conditional offer of employment. (d) In addition to other background searches authorized by local, state or federal law, the county administrator or his designees within county government shall conduct (1) criminal history record searches and (2) sex offender and crimes against minors registry searches on volunteers for county departments whose anticipated duties or responsibilities involve (i) providing services to juveniles, the elderly or disabled, (ii) access to confidential or personal information as defined in Code of Virginia § 2.2-3801, (iii) collection of or routine access to public funds, (iv) entry into county buildings outside of work hours, or (v) service with either the police department, fire and EMS department, sheriff's office, the emergency communications center, or volunteer rescue squads. (e) The county administrator is authorized to identify employee and volunteer positions which meet the criteria of subsections (c) and (d) and to incorporate such list into an administrative policy which implements the provisions of this section. Such administrative policy shall indicate whether such searches shall be universal J J J 11-88 or random and shall identify consequences for past behavior. (f) All employees, volunteers and applicants identified in subsections (b), (c), or (d) shall execute, as a condition of employment or service, the necessary documents to permit the searches described in this section and shall cooperate with all agencies providing information. In addition, all applicants for employment given a conditional offer of employment shall submit ~ to fingerprinting for processing a nationwide background check. (g) Any employee disciplined as a result of a background search may grieve such discipline in accordance with the county grievance procedure. (2) That this ordinance shall become effective immediately upon adoption. Ayes: Gecker, Jaeckle, Warren, Holland and Elswick. Nays: None. 17. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED MATTERS Mr. Douglas Barker expressed his appreciation to the Board for their commendable decision to remand the draft Comprehensive Plan to the Planning Commission. 18. ADJOURNMENT On motion of Mr. Holland, seconded by Ms. Jaeckle, the Board adjourned at 6:58 p.m. until February 22, 2012 at 3:00 p.m. Ayes: Gecker, Jaeckle, Warren, Holland and Elswick. Nays: None. mes teg ier County Administrator ~ ~„~P C~- ~~-~~ Daniel A. Gecker Chairman 11-89 J J J