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2008-02-13 MinutesBOARD OF SUPERVISORS MINUTES February 13, 2008 Supervisors in Attendance: Mr. Arthur S. Warren, Chairman Mr. Daniel A. Gecker, Vice Chrm Ms. Dorothy Jaeckle Mr. James "Jim" Holland Ms. Marleen K. Durfee Mr. James J. L. Stegmaier County Administrator Staff in Attendance: Ms. Janice Blakley, Clerk to the Board Mr. George Braunstein, Exec. Dir., Community Services Board Mr. Kevin Bruny, Dean, Chesterfield University Mr. Allan Carmody, Dir., Budget and Management Ms. Marilyn Cole, Asst. County Administrator Mr. Roy Covington, Dir., Utilities Ms. Mary Ann Curtin, Dir., Intergovtl. Relations Mr. Will Davis, Dir., Economic Development Ms. Rebecca Dickson, Dep. County Administrator, Human Services Colonel Thierry Dupuis, Police Department Mr. Robert Eanes, Asst. to the County Administrator Ms. Karla Gerner, Dir., Human Resource Mgmt. Mr. Michael Golden, Dir., Parks and Recreation Mr. John W. Harmon, Right-of-Way Manager Mr. Russell Harris, Mgr. of Community Development Services Mr. H. Edward James, Dir., Purchasing Mr. William E. Johnson, Deputy County Admin., Management Services Mr. Donald Kappel, Dir., Public Affairs Mr. Rob Key, Director, General Services Chief Paul Mauger, Fire Department Mr. R. John McCracken, Dir., Transportation Mr. Richard M. McElfish, Dir., Env. Engineering Mr. Steven L. Micas, County Attorney Sheriff Dennis Proffitt, Sheriff's Department 08-89 02/13/08 Mr. M. D. Stith, Jr., Deputy County Admin., Community Development Mr. Kirk Turner, Dir., Planning Mr. Warren called the regularly scheduled meeting to order at 3:08 p.m. 1. APPROVAL OF MINUTES 1.8. JANUARY 22, 2008 MEETING WITH LEGISLATIVE DELEGATION On motion of Ms. Durfee, seconded by Mr. Holland, the Board approved the minutes of January 22, 2008, as submitted. Ayes: Warren, Gecker, Jaeckle, Holland and Durfee. Nays: None. l.b. JANUARY 23., 2008 BOARD MEETING On motion of Ms. Durfee, seconded by Mr. Holland, the Board approved the minutes of January 23, 2008, as submitted. Ayes: Warren, Gecker, Jaeckle, Holland and Durfee. Nays: None. 1.C. FEBRUARY 1, 2008 SPECIAL MEETING On motion of Ms. Durfee, seconded by Mr. Holland, the Board approved the minutes of February 1, 2008, as submitted. Ayes: Warren, Gecker, Jaeckle, Holland and Durfee. Nays: None. 2. COUNTY ADMINISTRATOR'S COMI~NTS 2.A. LEGISLATIVE UPDATE Ms. Mary Ann Curtin provided a legislative update on topics affecting Chesterfield County at the General Assembly. She explained how Senate Bill (SB) 768 would eliminate the current cash proffer system from being used throughout Virginia. She further explained the cash proffer system would be replaced with an impact fee system, indicating that the impact of SB 768 being passed through the General Assembly would be negative on the county. She stated the School Board is opposed to SB 768 also. She further stated the Governor announced on Tuesday that more cuts would need to be made throughout the Commonwealth. In response to Ms. Durfee's question, Ms. Curtin explained Fairfax County may be exempt from the impact fee legislation if they meet certain regulations. Ms. Durfee urged county citizens to contact their House Delegates to speak out against SB 768. 1..~- i~ 08-90 02/13/08 Mr. Holland thanked Ms. Curtin for the legislative update. He requested information be provided in the future in regards to the state budget and how it may impact the county. 2.8. SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES ADMINISTRATION (SAMHSA) NATIONAL ADVISORY COUNCIL APPOINTMENT Ms. Dickson provided a brief explanation of how the Substance Abuse and Mental Health Services Administration (SAMHSA) National Advisory Council holds localities accountable for mental health services. Ms. Dickson introduced Mr. George Braunstein, who was appointed to the Substance Abuse and Mental Health Services Administration (SAMHSA) National Advisory Council. Mr. Braunstein thanked the Board for the recognition of his appointment to the Substance Abuse and Mental Health Services Administration National Advisory Council. 3. BOARD MEMBER REPORTS Ms. Durfee updated the Board on the town hall meetings held in the Matoaca District. She stated citizen turnout has been high. Mr. Holland stated meetings held with citizens in the Dale District are going very well. He expressed concerns about the lack of Democratic ballots in the Presidential Primary in the county. He requested the Registrar, Larry Haake, present a report to the Board at the next meeting. Ms. Jaeckle stated the Registrar s office was very professional and helpful. She further stated in the last Presidential Primary there were 12,000 Democratic ballots used, and the Registrars office prepared 42,000 ballots for this year. Mr. Warren authorized the establishment of an Economic Development Committee composed of the Chairman and Vice Chairman of the Board of Supervisors and staff from the Economic Development Department for this calendar year. He stated the committee will meet and report to the Board when policy changes regarding future development may be needed to improve the delivery of services to citizens. 4. REQUESTS TO POSTPONE AGENDA ITEMS AND ADDITIONS, DELETIONS OR CHANGES IN THE ORDER OF PRESENTATION On motion of Mr. Warren, seconded by Mr. Holland, the Board deleted Item 8.D.7.c, Request to Quitclaim Sixteen-Foot Water Easements, a Variable Width Sewer and Water Easement and a Portion of a Variable Width Water Easement Across the Properties of Midlothian Mini Storage LLC and William C. and Christine A. Martyr and moved Item 8.D.10., Cancellation of Previously Approved Streetlight Installation Requests, to follow Item 6, Work Sessions. Ayes: Warren, Gecker, Jaeckle, Holland and Durfee. Nays: None. 08-91 02/13/08 5. RESOLUTIONS O RECONGNIZING DR. WALTER R. BEAM, MR. REUBEN J. WALLER, JR. MRS. SARAH C. EASTWOOD AND MR. KEVIN L. SALMINEN FOR THEIR CONTRIBUTIONS TO THE COMMITTEE ON THE FUTURE AND CHESTERFIELD COUNTY Mr. Ed DeGennaro, Chairman of the Committee on the Future, introduced Mr. Reuben J. Waller, Jr. and Mrs. Sarah C. Eastwood, who were present receive the resolutions. (It is noted Dr. Walter Beam and Mr. Kevin Salminen were unable to be present to receive their resolutions.) On motion of the Board, the following resolution was adopted: WHEREAS, the Chesterfield County Committee on the Future was established in 1987 by the Board of Supervisors and included in the County Charter for the purpose of assessing the future and long range challenges facing the county, advising the Board of Supervisors, and making recommendations for minimizing the adverse effect of future changes on the county; and WHEREAS, Dr. Walter R. Beam was appointed as a member of the Committee on January 12, 2000; and WHEREAS, Dr. Beam has served the citizens of the Bermuda District with distinction; and WHEREAS, Dr. Beam served as an active committee member for eight years; and WHEREAS, during his tenure, the Committee completed the "Aging of the Population" report recognizing the opportunities created by the growing population of senior citizens, acknowledging the collective community obligation to meet seniors' needs, and offering suggestions that address the needs and opportunities of senior citizens in the areas of health, information services, mobility, education, social and leisure time, finances and housing; and WHEREAS, the Committee also compiled the "Green Infrastructure" report concerning the conservation of open spaces, the protection of natural resources and the preservation of heritage places for the benefit of the economy, the environment and the health and well being of current Chesterfield County residents and future generations; and WHEREAS, Dr. Beam helped the Committee identify and research the challenges of globalization facing Chesterfield County in the future; and WHEREAS, Dr. Beam was instrumental in the completion of two reports, the development of extensive research and dedicated countless hours to the Committee during the past eight years. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 13th day of February 2008, publicly recognizes Dr. Walter R. Beam and commends him for I~ 08-92 02/13/08 his dedication and outstanding service to the Committee on the Future and to the citizens of Chesterfield County. AND, BE IT FURTHER RESOLVED that a copy of this resolution be presented to Dr. Beam and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Ayes: Warren, Gecker, Jaeckle, Holland and Durfee. Nays: None. On motion of the Board, the following resolution was adopted: WHEREAS, the Chesterfield County Committee on the Future was established in 1987 by the Board of Supervisors and included in the County Charter for the purpose of assessing the future and long range challenges facing the county, advising the Board of Supervisors, and making recommendations for minimizing the adverse effect of future changes on the county; and WHEREAS, Mr. Reuben J. Waller, Jr. was appointed as a member of the Committee on January 14, 2004; and WHEREAS, Mr. Waller has served the citizens of the Midlothian District with distinction; and WHEREAS, Mr. Waller served as an active committee member for four years; and WHEREAS, Mr. Waller has served as Vice-chairman of the Committee from January 2006 through December 2007; and WHEREAS, Mr. Waller conducted numerous Committee meetings and public forums; and WHEREAS, during his tenure, the Committee completed the "Green Infrastructure" report concerning the conservation of open spaces, the protection of natural resources and the preservation of heritage places for the benefit of the economy, the environment and the health and well being of current Chesterfield County residents and future generations; and WHEREAS, he also helped the Committee identify and research the challenges of globalization facing Chesterfield County in the future; and WHEREAS, Mr. Waller was instrumental in the completion of one report, the development of extensive research and dedicated countless hours to the Committee during the past four years. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 13th day of February 2008, publicly recognizes Mr. Reuben J. Waller, Jr. and commends him for his dedication and outstanding service to the Committee on the Future and to the citizens of Chesterfield County. AND, BE IT FURTHER RESOLVED that a copy of this resolution be presented to Mr. Waller and that this 08-93 02/13/08 resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Ayes: Warren, Gecker, Jaeckle, Holland and Durfee. Nays: None. Mr. Gecker presented the executed resolution to Mr. Waller and expressed appreciation for the service he provided as a member of the Committee on the Future. On motion of the Board, the following resolution was adopted: WHEREAS, the Chesterfield County Committee on the Future was established in 1987 by the Board of Supervisors and included in the County Charter for the purpose of assessing the future and long range challenges facing the county, advising the Board of Supervisors, and making recommendations for minimizing the adverse effect of future changes on the county; and WHEREAS, Mrs. Sarah C. Eastwood was appointed as a member of the Committee on March 24, 2004; and WHEREAS, Mrs. Eastwood has served the citizens of the Bermuda District with distinction; and WHEREAS, Mrs. Eastwood served as an active committee member for four years; and WHEREAS, during her tenure, the Committee completed the "Green Infrastructure" report concerning the conservation of open spaces, the protection of natural resources and the preservation of heritage places for the benefit of the economy, the environment and the health and well being of current Chesterfield County residents and future generations; and WHEREAS, she also helped the Committee identify and research the challenges of globalization facing Chesterfield County in the future; and WHEREAS, Mrs. Eastwood was instrumental in the completion of one report, the development of extensive research and dedicated countless hours to the Committee during the past four years. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 13th day of February 2008, publicly recognizes Mrs. Sarah C. Eastwood and commends her for her dedication and outstanding service to the Committee on the Future and to the citizens of Chesterfield County. AND, BE IT FURTHER RESOLVED that a copy of this resolution be presented to Mrs. Eastwood and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Ayes: Warren, Gecker, Jaeckle, Holland and Durfee. Nays: None. II I~ 08-94 02/13/08 Ms. Jaeckle presented the executed resolution to Mrs. Eastwood and expressed appreciation for the service she provided as a member of the Committee on the Future. On motion of the Board, the following resolution was adopted: WHEREAS, the Chesterfield County Committee on the Future was established in 1987 by the Board of Supervisors and included in the County Charter for the purpose of assessing the future and long range challenges facing the county, advising the Board of Supervisors, and making recommendations for minimizing the adverse effect of future changes on the county; and WHEREAS, Mr. Kevin L. Salminen was appointed as a member of the Committee on April 12, 2006; and WHEREAS, Mr. Salminen has served the citizens of the Matoaca District with distinction; and WHEREAS, Mr. Salminen served as an active committee member for two years; and WHEREAS, during his tenure, the Committee identified and researched the challenges of globalization facing Chesterfield County in the future; and WHEREAS, Mr. Salminen was instrumental in the development of extensive research and dedicated countless hours to the Committee during the past two years. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 13th day of February 2008, publicly recognizes Mr. Kevin L. Salminen and commends him for his dedication and outstanding service to the Committee on the Future and to the citizens of Chesterfield County. AND, BE IT FURTHER RESOLVED that a copy of this resolution be presented to Mr. Salminen and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Ayes: Warren, Gecker, Jaeckle, Holland and Durfee. Nays: None. 6. WORK SESSION O PROJECTED REVENUES FOR THE FY2009 - FY2010 BUDGET AND THE CHESTERFIELD CONII~lUNITY SERVICES BOARD PROPOSED FY2009 - FY2010 BUDGET COMMUNITY SERVICES BOARD PROPOSED FY2008 BUDGET Mr. Carmody introduced Mr. George Braunstein, Executive Director of Community Services Board. Mr. Braunstein introduced Ms. Nancy Briggs, Vice-Chair of the Community Services Board, and Mr. Michael Giancaspro, Secretary, to discuss CSB accomplishments. Ms. Briggs stated the CSB provides services to citizens of all ages from infancy to older adults. She provided a 08-95 02/13/08 FY07/08 Balanced Scorecard, which summarizes all of the services and supports of the CSB, and reflects the CSB's successes as well as challenges. She stated the CSB uses customers' feedback and suggestions to improve responsiveness. She further stated the CSB proudly partners with the county's public safety system on various projects. She then introduced Mr. Michael Giancaspro, Secretary of the CSB, to discuss CSB challenges. Mr. Giancaspro stated, although the CSB provides high quality services to many citizens, it fails to provide those services in a timely manner to a large number of citizens, indicating that demand for CSB services has grown at an annual rate of 7 to 10 percent over the last four years. He further stated the CSB has taken advantage of funding opportunities other than local tax dollars. He addressed the Mental Health System Reform being developed by Virginia's Governor and legislature. He stated the CSB has implemented many improvements before the new proposals had been developed. Mr. Warren thanked Ms. Briggs and Mr. Giancaspro for the thorough report. Mr. Holland thanked Mr. Braunstein for the presentation and using the Balanced Scorecard to evaluate their services. Mr. Braunstein stated for the size of the CSB that less people are hospitalized than any others in the state. He further stated the CSB offers intensive services for children. PROJECTED REVENUES FOR THE FY2009 - FY2010 BUDGET Mr. Carmody presented an overview of FY2009-FY2010 projected revenues in the General Fund. He reviewed data relative to the state funding and economic status. He presented information regarding financial policies of the county and the economy dramatically impacting revenue forecasts in a negative way. He stated the growth rates are different from recent years. He further stated this year will be the last year for double digit growth in real estate assessments. He reviewed key revenue trends, including percentage of change in real estate assessed value; business tax structure; tax rate assumptions; the tax relief program; personal property taxes; local sales tax; other local taxes and revenues; state and federal revenues; and revenue sources as a percentage of General Fund. He stated total revenues proposed for FY2009 represent an increase of $27.4 million from FY2008. He then advised the Board that proposed fee changes will be forthcoming and reviewed the FY2009-FY2010 Budget Work Sessions schedule. Ms. Durfee thanked Mr. Carmody and his staff for the hard work to present this information to the Board. Mr. Warren thanked Mr. Carmody and the Budget and Audit Committee for their work on the budget. In response to Mr. Gecker's question, Mr. Carmody stated the overall growth rate in the proposed FY2009 school budget is 6.2 percent and the county's revenues are growing at 4.8 percent. I~ 08-96 02/13/08 8.D.10. CANCELLATION OF PREVIOUSLY APPROVED STREETLIGHT INSTALLATION REQUESTS Mr. Stith presented an explanation of staffs request to cancel the outstanding streetlight installations due to Dominion Power being unable to obtain the necessary easements to do the installations. On motion of Ms. Jaeckle, seconded by Ms. Durfee, the Board canceled the previously approved streetlight installation requests, as outlined in the papers of this Board. Ayes: Warren, Gecker, Jaeckle, Holland and Durfee. Nays: None. 7. DEFERRED ITEMS o STREETLIGHT INSTALLATION COST APPROVAL On motion of Ms. Jaeckle, seconded by Mr. Warren, the Board approved the following streetlight installation: Bermuda District ~ In the Forest Glenn subdivision, on Forest Glenn Circle, in the vicinity of 1657 Cost to install streetlight: $176.41 Ayes: Warren, Gecker, Jaeckle, Holland and Durfee. Nays: None. 8. NEW BUSINESS 8.A. AUTHORIZATION TO ADVERTISE TAX RATES FOR THE PROPOSED FY2009-FY2010 BUDGET, FINANCIAL PLANS AND OTHER ORDINANCE CHANGES Mr. Carmody stated the Board is being requested to advertise tax rates for the calendar year 2008, the proposed FY2009- FY2010 Budget, proposed FY2009-FY2014 Capital Improvement Program, and other ordinance changes. He noted that the real estate tax rate to be advertised is $0.97, which will give the Board flexibility to adopt something lower if they choose to do so. On motion of Ms. Durfee, seconded by Mr. Holland, the Board authorized advertisement of tax rates for the proposed FY2009-FY2010 budget, financial plans and other Ordinance changes. Ayes: Warren, Gecker, Jaeckle, Holland and Durfee. Nays: None. 8.B. APPOINTMENTS On motion of Mr. Gecker, seconded by Mr. Warren, the Board suspended their rules to allow simultaneous 08-97 02/13/08 nomination/appointment/reappointment of members to serve on various Committee/Boards. Ayes: Nays: 8.B.1. Warren, Gecker, Jaeckle, Holland and Durfee. None. RICI~iOND REGIONAL PLANNING DISTRICT COI~IISSION On motion of Mr. Warren, seconded by Mr. Gecker, the Board simultaneously nominated/appointed Mr. Russell Gulley to serve on the Richmond Regional Planning District Commission, whose term is effective January 1, 2008 and expires on December 31, 2011. Ayes: Warren, Gecker, Jaeckle, Holland and Durfee. Nays: None. 8.B.2. TOWING ADVISORY BOARD On motion of Mr. Warren, seconded by Mr. Gecker, the Board simultaneously nominated/appointed Mr. Bruce C. Eagle Jr., Ms. Constance C. Miller and Mr. Edward S. Hudson to serve on the Towing Advisory Board, whose terms are at the pleasure of the Board. Ayes: Warren, Gecker, Jaeckle, Holland and Durfee. Nays: None. 8.B.3. AIRPORT ADVISORY BOARD On motion of Mr. Warren, seconded by Mr. Gecker, the Board simultaneously nominated/appointed/reappointed the following members to serve on the Airport Advisory Board, whose terms are effective February 15, 2008 and expire on February 14, 2011: Name District Dr. John F. McClellan Matoaca Mr. John Thayer Clover Hill Mr. Richard "Rick" L. Young, III Bermuda Mr. Rob Key Staff Ayes: Warren, Gecker, Jaeckle, Holland and Durfee. Nays: None. 8.B.4. CHESTERFIELD CONII~liJNITY SERVICES BOARD On motion of Mr. Warren, seconded by Mr. Gecker, the Board simultaneously nominated/appointed/reappointed Ms. Janet Stephens, Mr. Lorenzo Ross II, and Mr. Jack Stewart, Jr. to serve on the Chesterfield Community Services Board, whose terms are effective February 13, 2008 and expire on December 31, 2010. Ayes: Warren, Gecker, Jaeckle, Holland and Durfee. Nays: None. 08-98 02/13/08 8.8.5. COMMITTEE ON THE FUTURE ~i ~.. On motion of Mr. Warren, seconded by Mr. Gecker, the Board simultaneously nominated/appointed/reappointed the following members to serve on the Committee on the Future, whose terms are at the pleasure of the Board: Name Mr. Thomas Owens Ms. Andrea Brown LdlE' Dale Ayes: Warren, Gecker, Jaeckle, Holland and Durfee. Nays: None. 8.C. STREETLIGHT INSTALLATION COST APPROVALS On motion of Ms. Jaeckle, seconded by Mr. Warren, the Board approved the following streetlight installation: • In the Woods Edge Subdivision, on the existing poles, at locations noted in the papers of this Board, eight (8) streetlights Cost to install all eight streetlights: $880.26 Ayes: Warren, Gecker, Jaeckle, Holland and Durfee. Nays: None. 8.D. CONSENT ITEMS On motion of Mr. Gecker, seconded by Mr. Warren, the Board removed the following item from the consent agenda for public comment: Item 8.D.11., Establishment of a Trust for the Purpose of Accumulating and Investing Assets to Fund Post- Employment Benefits Other than Pensions and Appropriation of Funds of the Trust. Ayes: Warren, Gecker, Jaeckle, Holland and Durfee. Nays: None. 8.D.1. TRANSFER OF FUNDS FROM THE COUNTY'S RESERVE FOR FUTURE CAPITAL PROJECTS TO SUPPORT THE WEB STREAMING PROJECT On motion of Mr. Gecker, seconded by Mr. Holland, the Board authorized transfer of $72,240 from the County's Reserve for Future Capital Projects to support the purchase of web streaming hardware, software, services and support. Ayes: Warren, Gecker, Jaeckle, Holland and Durfee. Nays: None. 8.D.2. ADOPTION OF RESOLUTIONS 8.D.2.8. RECOGNIZING MR. KENNETH C. HOWERTON, PARKS AND RECREATION DEPARTMENT, UPON HIS RETIREMENT On motion of Mr. Gecker, seconded by Mr. Holland, the Board adopted the following resolution: 08-99 02/13/08 WHEREAS, Mr. Kenneth C. Howerton will retire on February 29, 2008, after providing over fifteen years of dedicated and faithful service to Chesterfield County; and WHEREAS, Mr. Howerton began his public service with the Chesterfield County Department of Parks and Recreation on September 21, 1992, in the capacity of part-time Maintenance Worker; and WHEREAS, Mr. Howerton was promoted to full-time Principal Maintenance Worker with the Parks and Recreation Department in October 1994; and WHEREAS, Mr. Howerton has been an invaluable asset and mainstay for the Parks and Recreation Department; and WHEREAS, Mr. Howerton has always remained upbeat, productive and prompt throughout his career with the Parks and Recreation Department; and WHEREAS, Mr. Howerton will be greatly 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 C. Howerton, expresses the appreciation of all residents for his 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: Warren, Gecker, Jaeckle, Holland and Durfee. Nays: None. 8.D.2.b. RECOGNIZING MRS. CATHERINE A. HAMILTON, OFFICE OF THE COMMISSIONER OF THE REVENUE, UPON HER RETIREMENT On motion of Mr. Gecker, seconded by Mr. Holland, the Board adopted the following resolution: WHEREAS, Catherine A. Hamilton will retire from the Chesterfield County and the Office of the Commissioner of the Revenue on March 1, 2008; and WHEREAS, Mrs. Hamilton began her public service with the County as an account clerk for the Office of the Real Estate Assessor on January 6, 1986, and has faithfully served Chesterfield County and its citizens for over twenty-two years; and WHEREAS, Mrs. Hamilton demonstrated service to the citizens of Chesterfield C a broad variety of other capacities including truant officer for the School 2004 and her current business audit commissioner of the revenue; and versatility in her ;ounty by serving in over her career, Board from 1998 to position for the WHEREAS, Mrs. Hamilton grew with the County and always demonstrated flexibility and the highest level of customer service when working with both citizens and co-workers; and 08-100 02/13/08 rr+i WHEREAS, Mrs. Hamilton displayed a helpful and understanding attitude toward all of her customers, often going out of her way to help those in need, and remaining available to assist her co-workers despite a heavy workload; and WHEREAS, Mrs. Hamilton, when dealing with concerned citizens, was always respectful and willing to reach out to people with comfort and support; and WHEREAS, Mrs. Hamilton's years of experience and tireless dedication to supporting and achieving the goals and objectives of the various offices within the County for which she has worked, have enabled her to make a significant contribution to the County overall; and WHEREAS, more than anything else, Mrs. Hamilton has been a loyal friend to many, with a warm and caring attitude firmly grounded in her faith in Christ; once she is your friend, you have a true friend for life. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors publicly recognizes the contributions of Catherine A. Hamilton to the citizens and administration of Chesterfield County; and that the Board extends its appreciation for her commitment to the County, its congratulations upon her retirement, and its best wishes for a long and happy retirement. AND, BE IT FURTHER RESOLVED, that a copy of this resolution be presented to Mrs. Hamilton, and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Ayes: Warren, Gecker, Jaeckle, Holland and Durfee. Nays: None. 8.D.2.C. RECOGNIZING MS. VIOLA DAVIS, UTILITIES DEPARTMENT, UPON HER RETIREMENT On motion of Mr. Gecker, seconded by Mr. Holland, the Board adopted the following resolution: WHEREAS, Ms. Viola Davis retired from Chesterfield County Utilities Department on January 11, 2008; and WHEREAS, Ms. Davis began her public service with Chesterfield County on July 11, 1988, as a senior clerk typist/receptionist in the Engineering Data Management Section maintaining vital project records for the Utilities Department; and WHEREAS, Ms. Davis was promoted to a data entry operator in July of 1989, where she was responsible for entering information into the department's Project Tracking application and overseeing the filing system; and WHEREAS, Ms. Davis was promoted to senior customer service representative in July of 1993, responsible for daily operations of the Utilities central filing system and the 08-101 02/13/08 preservation of data within the filing system through the use of microfilm media; and WHEREAS, Ms. Davis was promoted to Utilities imaging coordinator in July of 2000, responsible for the staff who scanned project information and created digital folders for the department's electronic document management system; and WHEREAS, Ms. Davis was promoted to Utilities records supervisor in July of 2004, responsible for all aspects of the department's paper records, including the preservation of data through the systematic creation of microfilm media and the destruction of records according to the Utilities Record Retention Policy for which she maintained; and WHEREAS, from 1988 to 2008, Ms. Davis brought the Chesterfield County Utilities Department into the new millennium, as a leader in customer service by consistently meeting and exceeding our customers' expectations; as an exemplary steward of the public trust by meeting our customers' needs; to be the employer of choice by sustaining a high-performing work force through her dedication to excellence and her abilities as a leader; and WHEREAS, Ms. Davis was committed to improving the protection and preservation of utilities records through her active membership in the Virginia Association of Government Archivists and Records Administrators as well as the Association of Records Managers and Administrators; and WHEREAS, Ms. Davis' display of character, aptitude and genuine concern for her fellow co-workers during her 19 years of faithful employment with the Utilities Department has resulted in her positive and professional reputation throughout the county. NOW, THEREFORE, BE IT County Board of Supervisors extends on behalf of its mem County, appreciation for 19 the county and wishes her retirement. RESOLVED that the Chesterfield recognizes Ms. Viola Davis and hers and citizens of Chesterfield years of exceptional service to the best for a long and happy Ayes: Warren, Gecker, Jaeckle, Holland and Durfee. Nays: None. 8.D.3. STATE ROAD ACCEPTANCE 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 Street Requirements of the Virginia Department of Transportation. .r~ 08-102 02/13/08 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: Sunnybrook Sec. 12 T~.pe Change to the Secondary System of State Addition Reason for Change: New subdivision street Pursuant to Code of Virginia 833.1-229 Street Name and/or Route • Alberta Mews, State Route Number 7265 From: West Alberta Ct., (Rt. 3527) To: Cul-de-sac, a distance of: 0.05 miles. Recordation Reference: Pb. 167 Pg. 26 Right of Way width (feet) = 44 And, further, the Board adopted the following resolution: WHEREAS, the streets described below are shown on plats recorded in the Clerk's Office of the Circuit Court of Chesterfield County; and WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised this Board the streets meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation. NOW, THEREFORE, BE IT RESOLVED, that this Board requests the Virginia Department of Transportation to add the streets described below to the secondary system of state highways, pursuant to Section 33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements. AND, BE IT FURTHER RESOLVED, that this Board guarantees a clear and unrestricted right-of-way, as described, and any necessary easements for cuts, fills and drainage. AND, BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. Projects Rosemead @ The Highlands Tyke Change to the Secondary System of State Addition Reason for Change: New subdivision street Pursuant to Code of Virginia 633.1-229 Street Name and/or Route • Highland Glea Drive, State Route Number 5160 From: Eastfair Dr., (Rt. 5186) To: Nithdale Pl., (Rt. 7255), a distance of: 0.07 miles. Recordation Reference: Pb. 159 Pg. 47 08-103 02/13/08 Right of Way width (feet) = 90 • Nithdale Court, State Route Ntunber 7256 From: Highland Glen Dr., (Rt. 5160) To: Cul-de-sac, a distance of: 0.03 miles. Recordation Reference: Pb. 159 Pg. 47 Right of Way width (feet) = 50 • Nithdale Place, State Route Number 7255 From: Highland Glen Dr., (Rt. 5160) To: Cul-de-sac, a distance of: 0.06 miles. Recordation Reference: Pb. 159 Pg. 47 Right of Way width (feet) = 50 • Highland Glen Drive, State Route Number 5160 From: Nithdale P1., (Rt. 7255) To: Rosemead Ln., (Rt. 7257), a distance of: 0.06 miles. Recordation Reference: Pb. 159 Pg. 47 Right of Way width (feet) = 90 • Highland Glen Drive, State Route Number 5160 From: Rosemead Ln., (Rt. 7257) To: Cul-de-sac, a distance of: 0.03 miles. Recordation Reference: Pb. 159 Pg. 47 Right of Way width (feet) = 90 • Rosemead Laae, State Route Number 7257 From: Highland Glen Dr., (Rt. 5160) To: Rosemead Ct., (Rt. 7258), a distance of: 0.17 miles. Recordation Reference: Pb. 159 Pg. 47 Right of Way width (feet) = 50 • Rosemead Court, State Route Number 7258 From: Rosemead Ln., (Rt. 7257) To: Cul-de-sac, a distance of: 0.03 miles. Recordation Reference: Pb. 159 Pg. 47 Right of Way width (feet) = 50 • Rosemead Lane, State Route Number 7257 From: Rosemead Ct., (Rt. 7258) To: Cul-de-sac, a distance of: 0.11 miles. Recordation Reference: Pb. 159 Pg. 47 Right of Way width (feet) = 50 And, further, the Board adopted the following resolution: WHEREAS, the streets described below are shown on plats recorded in the Clerk's Office of the Circuit Court of Chesterfield County; and WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised this Board the streets meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation. NOW, THEREFORE, BE IT RESOLVED, that this Board requests the Virginia Department of Transportation to add the streets described below to the secondary system of state highways, i J 08-104 02/13/08 pursuant to Section 33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements. r. 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: Woodland Pond Sac. 18 Type Change to the Secondary 3yatean of State Addition Reasoa for Change: New subdivision street Purauaat to Code of Virginia 633.1-229 Street Name and/or Route • Sraat Hollow Court, State Route Number 7263 From: Woodland Pond Py., (Rt 3670) To: Cul-de-sac, a distance of: 0.26 miles. Recordation Reference: Pb. 159 Pg. 64 Right of Way width (feet) = 50 • Shorecreat Court, State Route Number 7264 From: Woodland Pond Py,. (Rt 3670) To: Cul-de-sac, a distance of: 0.22 miles. Recordation Reference: Pb. 159 Pg. 64 Right of Way width (feet) = 50 Ayes: Warren, Gecker, Jaeckle, Holland and Durfee. Nays: None. 8.D.4. ACCEPTANCE OF PARCELS OF LAND 8.D.4.a. FOR THE EXTENSION OF WESTERLEIGH PARKWAY FROM WESTERLEIGH, LLC On motion of Mr. Gecker, seconded by Mr. Holland, the Board accepted the conveyance of a parcel of land, containing 3.54 acres for the extension of Westerleigh Parkway from Westerleigh, LLC, and authorized the County Administrator to execute the deed. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Warren, Gecker, Jaeckle, Holland and Durfee. Nays: None. 8.D.4.b. ALONG JEFFERSON DAVIS HIGHWAY FROM CDA CHESTER, LLC On motion of Mr. Gecker, seconded by Mr. Holland, the Board accepted the conveyance of two parcels of land containing a total of 0.092 acres along Jefferson Davis Highway (State Route 1) from CDA Chester, LLC, and authorized the County Administrator to execute the deed. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Warren, Gecker, Jaeckle, Holland and Durfee. Nays: None. 08-105 02/13/08 8.D.4.c. GLENN M. HILL FOR THE EXTENSTION OF BRANDERMILL PARKWAY FROM On motion of Mr. Gecker, seconded by Mr. Holland, the Board accepted the conveyance of a parcel of land containing 1.832 acres for the extension of Brandermill Parkway for the development of the new Clover Hill High School from Glenn M. Hill,, and authorized the County Administrator to execute the deed. (It is noted copies of the plats are filed with the papers of this Board.) Ayes: Warren, Gecker, Jaeckle, Holland and Durfee. Nays: None. 8.D.4.d ALONG THE NORTH RIGHT OF WAY LINE OF WATKINS CENTRE PARKWAY FROM WATKINS LAND, L.L.C. In response to Mr. Gecker's question, Mr. John Harmon stated the dedication is for the roadway. Mr. Gecker stated he was concerned with obtaining the dedication and being forced to pay for the road improvement. On motion of Mr. Gecker, seconded by Mr. Holland, the Board deferred consideration of accepting the conveyance of three parcels of land containing a total of 3.442 acres along the north right of way line of Watkins Centre Parkway from Watkins Land, L.L.C, until February 27, 2008. Ayes: Warren, Gecker, Jaeckle, Holland and Durfee. Nays: None. 8.D.5 SET DATES FOR PUBLIC HEARINGS 8.D.5.a. TO CONSIDER AMENDING THE ZONING ORDINANCE RELATING TO RESPONSIBILITIES OF THE PLANNING COMMISSION AND PRESERVATION COMMITTEE On motion of Mr. Gecker, seconded by Mr. Holland, the Board set the date of March 12, 2008 at 6:30 p.m. for a public hearing to consider amending the Zoning Ordinance relating to responsibilities of the Planning Commission and Preservation Committee. Ayes: Warren, Gecker, Jaeckle, Holland and Durfee. Nays: None. 8.D.5.b. TO CONSIDER A PROPOSED AMENDMENT TO THE UPPER SWIFT CREEK PLAN AMENDMENT RELATIVE TO LEVELS OF SERVICE FOR TRANSPORTATION AND SCHOOLS Ms. Durfee stated she wanted to pull this item due to the fragmented manner of the amendments presented. Mr. Micas provided clarification on the proper procedures for rejecting an item. Ms. Durfee made a motion, seconded by Mr. Warren, for the Board to deny the request to set a public hearing to consider I.~ i~ i~ 08-106 02/13/08 a proposed amendment to the Upper Swift Creek Plan amendment relative to levels of service for Transportation and Schools. Discussion ensued regarding the intent of Ms. Durfee's motion. Ms. Durfee restated the motion. Mr. Warren called for a vote on the motion of Ms. Durfee, seconded by Mr. Warren, for the Board to deny the request to set a public hearing to consider a proposed amendment to the Upper Swift Creek Plan amendment relative to levels of service for Transportation and Schools. Ayes: Warren, Jaeckle, Holland and Durfee. Nays: Gecker. 8.D.5.C. TO CONSIDER A PROPOSED AMENDMENT TO THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED, RELATING TO CREATION OF THE TRADITIONAL NEIGHBORHOOD DEVELOPMENT (TND) ZONING DISTRICT, AND COUNTY-WIDE STANDARDS FOR OFF-STREET PARKING, PARALLEL PARKING, TREE PLANTING WITHIN SIDEWALK AREAS, AND SIGNS PROJECTING FROM BUILDINGS, AND A PROPOSED AMENDMENT TO THE INTRODUCTION TO THE PLAN FOR CHESTERFIELD TO PROVIDE FOR OPPORTUNITIES FOR TND DEVELOPMENT IN AREAS WITH THE FOLLOWING COMPREHENSIVE PLAN LAND USE DESIGNATIONS: COMMUNITY MIXED USE; COMMUNITY MIXED USE CENTER; COMMUNITY MIXED USE NODE; REGIONAL MIXED USE; REGIONAL MIXED USE CENTER; AND REGIONAL MIXED USE NODE On motion of Mr. Gecker, seconded by Mr. Holland, the Board set the date of March 12, 2008 at 6:30 p.m. for a public hearing to consider a proposed amendment to the Code of the County of Chesterfield, 1997, as amended, relating to creation of the Traditional Neighborhood Development (TND) Zoning District, and county-wide standards for off-street parking, parallel parking, tree planting within sidewalk areas, and signs projecting from buildings, and a proposed amendment to the introduction to the Plan for Chesterfield to provide for opportunities for the TND Development in areas with the following Comprehensive Plan Land Use Designations: Community Mixed Use; Community Mixed Use Center; Community Mixed Use Node; Regional Mixed Use; Regional Mixed Use Center; and Regional Mixed Use Node. Ayes: Warren, Gecker, Jaeckle, Holland and Durfee. Nays: None. 8.D.6. AWARD OF CONSTRUCTION CONTRACT FOR HAPPY HILL GROUND On motion of Mr. Gecker, seconded by Mr. Holland, the Board awarded a construction contract for Happy Hill Ground Storage Tank Repairs and Repainting to Town Hall Painting Corporation, in the amount of $319,830.00 and authorized the County Administrator to execute the necessary documents. STORAGE TANK REPAIRS AND REPAINTING PROJECT Ayes: Warren, Gecker, Jaeckle, Holland and Durfee. Nays: None. 08-107 02/13/08 8.D.7. REQUESTS TO QUITCLAIM 8.D.7.s. A TWENTY-FOOT STORM WATER MANAGEMENT SYSTEM/BEST MANAGEMENT PRACTICE ACCESS EASEMENT AND A VARIABLE WIDTH STORM WATER MANAGEMENT SYSTEM/BEST MANAGEMENT PRACTICE EASEMENT ACROSS THE PROPERTY OF BB HUNT, L.L.C. On motion of Mr. Gecker, seconded by Mr. Holland, the Board authorized the Chairman of the Board and the County Administrator to execute a quitclaim deed to vacate a 20-foot storm water management system/best management practice access easement and a variable width storm water management system/best management practice easement across the property of BB Hunt, L.L.C. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Warren, Gecker, Jaeckle, Holland and Durfee. Nays: None. 8.D.7.b. PORTIONS OF A SIXTEEN-FOOT VIRGINIA DEPARTMENT OF TRANSPORTATION DRAINAGE EASEMENT AND A SIXTEEN-FOOT WATER EASEMENT ACROSS THE PROPERTY OF COMMONWEALTH CENTRE STORAGE, LLC On motion of Mr. Gecker, seconded by Mr. Holland, the Board authorized the Chairman of the Board and the County Administrator to execute a quitclaim deed to vacate portions of a 16-foot Virginia Department of Transportation drainage easement and a 16-foot water easement across the property of Commonwealth Centre Storage, LLC. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Warren, Gecker, Jaeckle, Holland and Durfee. Nays: None. 8.D.7.C. SIXTEEN-FOOT WATER EASEMENTS, A VARIABLE WIDTH SEWER AND WATER EASEMENT AND A PORTION OF A VARIABLE WIDTH WATER EASEMENT ACROSS THE PROPERTIES OF MIDLOTHIAN MINI STORAGE LLC AND WILLIAM C. AND CHRISTINE A. MARTYN On motion of Mr. Gecker, seconded by Mr. Holland, the Board authorized the Chairman of the Board and the County Administrator to execute quitclaim deeds to vacate 16-foot water easements, a variable width sewer and water easement and a portion of a variable width water easement across the properties of Midlothian Mini Storage LLC and William C. and Christine A. Martyn. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Warren, Gecker, Jaeckle, Holland and Durfee. Nays: None. 08-108 02/13/08 8.D.7.d. A PORTION OF A VARIABLE WIDTH STORM WATER MANAGEMENT SYSTEM/BEST MANAGEMENT PRACTICE EASEMENT ACROSS THE PROPERTY OF VINCENZO R. AND MARIANNA pn12T.nidTT On motion of Mr. Gecker, seconded by Mr. Holland, the Board authorized the Chairman of the Board 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 Vincenzo R. and Marianna Parlanti. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Warren, Gecker, Jaeckle, Holland and Durfee. Nays: None. 8.D.8. REQUESTS FOR PERMISSION 8.D.8.8. FROM ELLMER PROPERTIES CHESTERFIELD II, LLC FOR A CONCRETE DUMPSTER PAD TO ENCROACH WITHIN A VARIABLE WIDTH WATER AND SEWER EASEMENT AND A SIXTEEN-FOOT DRAINAGE EASEMENT ACROSS THE PROPERTY OF ELLMER PROPERTIES CHESTERFIELD II, LLC On motion of Mr. Gecker, seconded by Mr. Holland, the Board approved a request from Ellmer Properties Chesterfield II, LLC for permission for a concrete dumpster pad to encroach within a variable width water and sewer easement and a 16- foot drainage easement across its property, subject to the execution of a license agreement. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Warren, Gecker, Jaeckle, Holland and Durfee. Nays: None. 8.D.8.b. FROM R-KEY INVESTMENTS, LLC FOR AN EXISTING CONCRETE PARKING AREA AND CURB AND GUTTER TO ENCROACH WITHIN A TWENTY-FOOT WATER EASEMENT AND A SIXTEEN-FOOT WATER EASEMENT ACROSS ITS PROPERTY On motion of Mr. Gecker, seconded by Mr. Holland, the Board approved a request from R-Key Investments, LLC for permission for an existing concrete parking area and curb and gutter to encroach within a 20-foot water easement and a 16-foot water easement across its property, subject to the execution of a license agreement. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Warren, Gecker, Jaeckle, Holland and Durfee. Nays: None. 8.D.8.C. FROM MUNNIRPALLAM SANKAR AND SARADA SANKAR FOR A PROPOSED FENCE TO ENCROACH WITHIN A SIXTEEN-FOOT DRAINAGE EASEMENT AND AN EIGHT-FOOT EASEMENT ACROSS LOT 14, BERKLEY VILLAGE, SECTION A AT CHARTER COLONY On motion of Mr. Gecker, seconded by Mr. Holland, the Board approved a request from Munnirpallam Sankar and Sarada Sankar for permission for a proposed fence to encroach within a 16- 08-109 02/13/08 foot drainage easement and an 8-foot easement across Lot 14, Section A at Charter Colony, subject to the execution of a license agreement. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Warren, Gecker, Jaeckle, Holland and Durfee. Nays: None. 8.D.8.d. FROM ALVARO E. JIMENEZ AND CATHERINE G. JIMENEZ TO INSTALL A PRIVATE WATER SERVICE WITHIN A PRIVATE EASEMENT ON CASTLEBURG DRIVE On motion of Mr. Gecker, seconded by Mr. Holland, the Board approved a request from Alvaro E. Jimenez and Catherine G. Jimenez for permission to install private water service within a private easement to serve property at 9817 Castleburg Drive, subject to the execution of a water connection agreement. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Warren, Gecker, Jaeckle, Holland and Durfee. Nays: None. 8.D.9. CONVEYANCE OF EASEMENT TO VERIZON VIRGINIA INCORPORATED TO INSTALL UNDERGROUND CABLE AND ACCESS ACROSS COUNTY PROPERTY TO SERVE THE GOYNE PARK CELL TOWER 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 easement agreement with Verizon Virginia Incorporated to install underground cable and access across county property to serve the Goyne Park cell tower. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Warren, Gecker, Jaeckle, Holland and Durfee. Nays: None. 8.D.11. ESTABLISHMENT OF A TRUST FOR THE PURPOSE OF ACCUMULATING AND INVESTING ASSETS TO FUND POST- EMPLOYMENT BENEFITS OTHER THAN PENSIONS AND APPROPRIATION OF FUNDS TO THE TRUST Mr. Robert Pridemore, a retired lieutenant from the Chesterfield County Police Department and President of Chesterfield Police Retirees Association, requested the Board to honor the promises made to them over the course of their careers. Mr. Rick Reid, retired Career Detective Chesterfield Police Department, requested the Board to honor the promises made to them over the course of their careers. Kevin Carroll, President of Chesterfield Chapter of Fraternal Order of Police, thanked the Board for the consideration of this request. Discussion ensued regarding the amount allocated to seed the fund due to the current budget. 08-110 02/13/08 On motion of Mr. Gecker, seconded by Mr. Warren, the Board established a trust for the purpose of accumulating and investing assets to fund post-employment benefits other than pensions; authorized the County Administrator to execute the necessary documents; agreed to permit Chesterfield County Schools to participate in the trust; appropriated $6.5 million, available from FY07 year-end financial results, into the Trust; and authorized the County Administrator to appoint the Finance Board and Investment Manager to manage the assets of the Trust and execute the necessary documents. Ayes: Warren, Gecker, Jaeckle, Holland and Durfee. Nays: None. 9. REPORTS 9.A. REPORT ON DEVELOPER WATER AND SEWER CONTRACTS 9.B. REPORT ON STATUS OF GENERAL FUND BALANCE, RESERVE FOR FUTURE CAPITAL PROJECTS, DISTRICT IMPROVEMENT FUNDS AND LEASE PURCHASES 9.C. REPORT ON ROADS ACCEPTED INTO THE STATE SECONDARY SYSTEM 9.D. REPORT OF PLANNING COMMISSION SUBSTANTIAL ACCORD DETERMINATION-FOR ALLTEL COMMUNICATIONS, INCORPORATED (CASE 08PD0221) TO CO-LOCATE AN ANTENNA ON A VIRGINIA POWER STRUCTURE LOCATED ON THE EAST LINE OF NORTH On motion of Mr. Warren, seconded by Mr. Holland, the Board accepted the following reports: a Report on Developer Water and Sewer Contracts; a Report on Status of General Fund Balance, Reserve for Future Capital Projects, District Improvement Funds and Lease Purchases; a Report on Roads Accepted into the State Secondary System; and a Report of the Planning Commission Substantial Accord Determination for Alltel Communications, Incorporated (Case 08PD0221) to co- locate an antenna on a Virginia Power structure located on the east line of North Woolridge Road, south of Walton Park Road. WOOLRIDGE ROAD, SOUTH OF WALTON PARK ROAD And, further, the following roads were accepted into the State Secondary System: A1~1~TTTnN LENGTH CASCADE CREEK (12/27/2007) Cascade Creek Court (Route 7221) - From Cascade Creek Lane (Route 7220) to Cul-de-sac 0.03 Mi. Cascade Creek Lane (Route 7220) - From Springmount Road (Route 5921) to Cul-de-sac 0.07 Mi. Cascade Creek Lane (Route 7220) - From Cascade Creek Place (Route 7222) to Springmount Road (Route 5921) 0.08 Mi. 08-111 02/13/08 Cascade Creek Lane (Route 7220) - From Cascade Creek Court (Route 7221) to Cascade Creek Place (Route 7222) 0.07 Mi. Cascade Creek Lane (Route 7220) - From Scotts Bluff Way (Route 5938) to Cul-de-sac 0.04 Mi. Cascade Creek Lane (Route 7220) - From Scotts Bluff Way (Route 5938) to Cascade Creek Court (Route 7221) 0.06 Mi Cascade Creek Place (Route 7222) - From Cascade Creek Lane (Route 7220) to Cul-de-sac 0.05 Mi. Clearbrook Court (Route 7219) - From Scotts Bluff Way (Route 5938) to Cul-de-sac 0.07 Mi. Clearbrook Place (Route 7218) - From Scotts Bluff Way (Route 5938) to Cul-de-sac 0.09 Mi. Scotts Bluff Way (Route 5938) - From Clearbrook Court (Route 7219) to Cascade Creek Lane (Route 7220) 0.07 Mi. Scotts Bluff Way (Route 5938) - From 0.03 mile south of Scotts Bluff Lane (Route 5940) to Clearbrook Court (Route 7219) 0.02 Mi. Spring Glen Court (Route 7224) - From Spring Glen Drive (Route 7223) to Cul-de-sac 0.05 Mi. Spring Glen Drive (Route 7223) - From Spring Glen Court (Rout 7224) to Cul-de-sac 0.03 Mi. Spring Glen Drive (Route 7223) - From Springmount Road (Route 5921) to Spring Glen Court (Route 7224) 0.13 Mi. Springmount Road (Route 5921) - From Cascade Creek Lane (Route 7220) to Spring Glen Drive (Route 7223) 0.05 Mi. Springmount Road (Route 5921) - From Spring Glen Drive (Route 7223) to 0.03 mile north of Spring Glen Drive (Route 7223) 0.03 Mi. IVYSTONE I (Effective 12/27/2007) Maynooth Court (Route 7214) - From Tralee Drive (Route 7211) to Cul-de-sac 0.03 Mi. Tralee Court (Route 7212) - From Tralee Drive (Route 7211) to Cul-de-sac 0.10 Mi. Tralee Drive (Route 7211) - From Maynooth Court (Route 7214) to temp EOM 0.01 Mi. Tralee Drive (Route 7211) - From Tralee Place (Route 7213) to Maynooth Court (Route 7214) 0.23 Mi. Tralee Drive (Route 7211) - From Tralee Court (Route 7212) to Tralee Place (Route 7213) 0.06 Mi. i~ i i~ 08-112 02/13/08 Tralee Drive (Route 7211) - From Bermuda Orchard Lane (Route 828) to Tralee Court (Route 7212) 0.04 Mi. ~, i Tralee Place (Route 7213) - From Tralee Drive (Route 7211) to Cul-de-sac 0.06 Mi. Ayes: Warren, Gecker, Jaeckle, Holland and Durfee. Nays: None. 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. Gecker, seconded by Ms. Durfee, the Board recessed to the Administration Building, Room 502, for dinner with members of the Community Services Board. Ayes: Warren, Gecker, Jaeckle, Holland and Durfee. Nays: None. Reconvening: 12. INVOCATION Senior Pastor, Jerome Hancock, Southside Church of the Nazarene gave the invocation. 13. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Mr. John Harmon led the Pledge of Allegiance to the flag of the United States of America. 14. RESOLUTIONS 14.A. RECOGNIZING FEBRUARY 2008, AS "CHILDREN'S DENTAL HEALTH MONTH" IN CHESTERFIELD COUNTY Mr. Kappel introduced Dr. Samuel Galstan who was present to receive the resolution. On motion of the Board, the following resolution was adopted: WHEREAS, the Fifth Annual "Give Kids a Smile! Access to Dental Care Day" was conducted in a number of Chesterfield County dental offices and schools on February 1, 2008; and WHEREAS, numerous children's dental health outreach activities and education will take place in Chesterfield County Schools throughout February 2008; and WHEREAS, through the joint efforts of the Southside Dental Society; the Virginia Department of Health, Division 08-113 02/13/08 of Dentistry; the Medical College of Virginia School of Dentistry; the Alliance of the Southside Dental Society; local dentist 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, 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 13th day of February 2008, publicly recognizes February 1, 2008 as "Give Kids a Smile! Access to Dental Care Day" and February 2008 as "National Children's Dental Health Month" in Chesterfield County, and 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, and Dr. Frank Farrington, for helping to protect our children's dental health. Ms. Jaeckle presented the executed resolution to Dr. Galstan and expressed appreciation for his efforts in promoting children's dental health. Ayes: Warren, Gecker, Jaeckle, Holland and Durfee. Nays: None. 15. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED MATTERS Ms. Andrea Epps presented the 2007 Edition of the Virginia Chapter of the American Planning Association's Growth Management Toolkit for Localities to the Board and information on transfer of development rights programs throughout the country. She stated the resources and information could be helpful in development growth management. She requested the county establish primary and secondary service areas to help maximize use of county funds. Mr. George Beadles, a Clover Hill resident, addressed the Board on the efficiency of their meetings. Mr. Anthony Green, a county resident, addressed the Board concerning the increase of real estate assessments in the county. Mr. Stegmaier stated he would be willing to meet with anyone to explain the assessment process. He further stated Chesterfield County's assessments are the most accurate throughout the State. .r/ 08-114 02/13/08 The Board thanked Mr. Green for his comments regarding the real estate assessments. 16. PUBLIC HEARINGS 16.A. TO CONSIDER AN AMENDMENT TO PARTS OF THE POWHITE/ROUTE 288 DEVELOPMENT AREA PLAN, NORTHERN AREA PLAN, MIDLOTHIAN AREA COMMUNITY PLAN, AND THE ROUTE 360 CORRIDOR PLAN RELATING TO THE NORTHERN COURTHOUSE ROAD COMMUNITY PLAN Mr. Steven Haasch presented a brief history and overview of the Northern Courthouse Road Community Plan. Mr. Turner commended the Planning Commission for their hard work on the Plan. He stated the Plan was a testament to citizen involvement. He further stated the Planning Commission's version of the Plan recommends the property frontage along Courthouse Road be designated for office development and he does not believe there is the demand for that much office space in the geography. In response to Ms. Jaeckle's question, Mr. Turner stated there was a division in the community to the two Plans presented. Mr. Warren called for public comment. Mr. Bernard Smeltz, President of Mansfield Crossing Homeowner's Association, stated the association is concerned with traffic along Courthouse Road. He suggested if the Board adopts the Plan, some sort of staging be provided that development can take place based on sufficient capacity being provided in the transportation corridor. He stated the water resources needed to be protected and suggested deferring action on the Plan until the county's review of the Comprehensive Plan. Ms. Betty Massey, the executive director of the Mary Moody Foundation, representing the Board of Directors for the foundation, urged the Board to adopt the staff version of the Plan. She stated that version recognizes the existing situation with the Moody Tract property and also provides direction if the situation changes in the future. She further stated the Virginia Outdoors Foundation is the state agency that administers the easement agreement. She urged the Board to reject the Planning Commission's version of the Plan for the stewardship of resources and fair and equitable treatment of a property owner. Mr. J. T. Sprinkle, a Stonehenge resident, spoke in support of the staff's version of the Plan. He stated the collector road proposed in the Moody Tract property would provide relief to the Midlothian Turnpike/Courthouse Road intersection. He further stated the Plan area already contains open space such as Rockwood Park. Mr. Richard Beaulieu, a property owner on Courthouse Road, spoke in support of the staff's version of the Plan. He stated he only has 22 feet of property between his house and Courthouse Road. He supported allowing commercial along the frontage of Courthouse Road. 08-115 02/13/08 Dr. Mike McQuade, a business and property owner and president of Courthouse Land Owners Association, spoke in support of staff's version of the Plan. He stated the majority of the residential properties along Courthouse Road have developed into rental property because of the owners' inability to sell their property. He further spoke in opposition of the Planning Commission's version of the Plan due to the aggregation requirement and the fact he felt this version would encourage urban sprawl. Ms. Martha Foster, a 30-year Stonehenge resident, spoke in support of the Planning Commission version of the Plan. Mr. Henry Sartain, a 45-year county resident, spoke in favor of staff's version of the Plan. He presented the names and addresses of several of his neighbors also in support of staff's version. Mr. George Beadles, a Clover Hill resident, urged the Board to deny both versions of the Plan and allow the geography to be covered in a countywide comprehensive plan. Ms. Elizabeth Doran, a Courthouse Road resident, spoke in support of staff's version of the Plan. Ms. Patty Pendleton urged the Board to adopt the Planning Commission's version of the Plan. Ms. Andrea Epps stated the property enclosed within the Plan is excellent for infill development. She further stated the accidents that occur on Courthouse Road are due to the inattention of drivers. Mr. Albert J. Meyer Jr., a resident of the Midlothian District, spoke in support of staff's version of the Plan. Mr. John Hamilton, a 20-year resident of Stonehenge, spoke in support of the Planning Commission's version of the Plan. He further suggested that this version encompassed the desires expressed at the numerous meetings by the citizens. Mr. Jeff McGee, a county resident, requested the Board adopt a more appropriate mixed use in the area. Ms. Linda Pappas, a Stonehenge resident, spoke in support of the Planning Commission's version of the Plan. Mr. William Shewmake, a representative for the owners of property along Courthouse Road, spoke in support of staff's version of the Plan. He stated a unified plan is needed within the county. He further stated staff's version would promote infill development along the Courthouse Road corridor and allow for redevelopment and revitalization of neighborhoods. Mr. Jim Theobald spoke in support of staff's version of the Plan. Mr. Tom Ashby, a 35-year resident of Chesterfield County, addressed the Board on the safety of the Courthouse Road corridor and his desire for more commercial development, favoring the staff version of the Plan. I~ 08-116 02/13/08 Ms. Beverly Williamson, a Subdivision, urged the Commission's version of the Ms. Rosanne Kelley spoke Commission's version of the resident of Lake Crystal Farms Board to adopt the Planning Plan. in support of the Planning Plan. Mr. Robert Schrum, the Government Relations' Chairman of the Chesterfield Chamber of Commerce, spoke in support of staff's version of the Plan. He stated the geography has the infrastructure needed for infill development. Mr. Kevin Page spoke in favor of the Planning Commission's version of the Plan. He stated if the easement for the Moody Tract property is diverted, the Board would be setting forward a process that would lead to an unstoppable trend. Mr. Warren closed the public hearing. Mr. Warren then requested a 5-minute recess Reconvening: Mr. Warren thanked the citizens for their input. Mr. Gecker discussed the citizen meetings held throughout the community. He stated with regards to the Moody Tract, the privately held open space language was placed in the Plan to protect the perpetual easement. He further stated the Planning Commission was concerned with legislature attempting to tell the Virginia Outdoors Foundation that the property is appropriate for development. He added the Courthouse Road Corridor geography is not a blank slate and the issues on the ground need to be addressed. He expressed concern about churches in the corridor not having buffers or transitional uses adjacent to them. He further stated there is not enough land left in this geography that is developable to make this eligible for infill development. Mr. Holland stated he appreciated the presentations shared by the citizens. Ms. Durfee stated the majority of states do not divert easements. She agreed with Mr. Gecker in regards to the area not being good for infill development due to the lack of available land. She stated concerns for the recommendation of staff for 10 units per acre. She further stated she was impressed with the citizens present to express their concerns with the versions of the Plan. Ms. Jaeckle thanked the citizens for attending the meeting. She stated she felt Ms. Northen wanted the Moody Tract to stay as a conservation area. On motion of Mr. Warren, seconded by Mr. Gecker, the Board approved an amendment to parts of the Powhite/Route 288 Development Area Plan, Northern Area Plan, Midlothian Area Community Plan, and the Route 360 Corridor Plan relating to the Northern Courthouse Road Community Plan as presented by the Planning Commission. Ayes: Warren, Gecker, Jaeckle, Holland and Durfee. Nays: None. 08-117 02/13/08 16.B. TO CONSIDER AN AMENDMENT TO THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY ADDING A NEW ARTICLE XVII TO CHAPTER 9 OF THE CODE RELATING TO TRANSPORTATION IMPACT FEES TO FUND AND RECAPTURE THE COST OF PROVIDING REASONABLE ROAD IMPROVEMENTS Mr. Micas provided an overview of the Impact Fee Ordinance. Mr. Warren called for public comment. Ms. Andrea Epps, a member of the Impact Fee Advisory Committee, stated the Committee felt more information was needed before a recommendation could be made to the Board. Ms. Kimberly Sanchez, an 18-year resident of Chesterfield County, homebuilder and business owner, spoke in opposition of the Impact Fee Ordinance. She explained that adding an additional fee to the cost of new homes would eliminate low- cost housing within the county. Mr. George Beadles, a Clover Hill resident, stated the Impact Fee Ordinance is an opportunity to add an additional tool for the Board to use to fund transportation improvements. Mr. Warren Wakeland, the Government Affairs Director of the Homebuilders Association, urged the Board to reject the Impact Fee Ordinance or postpone a decision until the General Assembly has made a decision on the pending legislation. He stated this additional fee would eliminate affordable housing within the county. Mr. William Shewmake, a resident in the Midlothian District, expressed concerns regarding the notice of citizens. Mr. Warren closed the public hearing. Mr. Warren then stated he wanted to see what action the General Assembly takes on SB 768. Mr. Holland stated he also wanted to see the action the General Assembly takes on SB 768. Mr. Gecker stated SB 768 would take away the county's ability to provide the infrastructure the homebuilders need to support the residents who buy homes. Mr. Warren further stated the working relationship with the development community and landowners will be damaged if SB 768 is approved. Ms. Durfee urged citizens to contact their House delegates regarding their opposition to SB 768. On motion of Mr. Gecker, seconded by Mr. Warren, the Board closed the public hearing and deferred consideration of decision on an amendment to the Code of the County of Chesterfield, 1997, as amended, by adding a new Article XVII to Chapter 9 of the Code relating to transportation impact fees to fund and recapture the cost of providing reasonable road improvements to March 12, 2008. Ayes: Warren, Gecker, Jaeckle, Holland and Durfee. Nays: None. 08-118 02/13/08 16.C. TO CONSIDER THE LEASING OF COUNTY PROPERTY AT JAMES RIVER HIGH SCHOOL ~i Mr. Harmon stated this date and time had been advertised for a public hearing for the Board to consider the leasing of county property James River High School to New Cingular Wireless. Mr. Warren called for public comment. No one came forward to speak to the request. On motion of Mr. Gecker, seconded by Ms. Durfee, the Board deferred the consideration of the leasing of county property at James River High School to New Cingular Wireless to February 27, 2007. Ayes: Warren, Gecker, Jaeckle, Holland and Durfee. Nays: None. 17. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED MATTERS There were no requests to address the Board at this time. 18. ADJOURNMENT On motion of Ms. Durfee, seconded by Mr. Warren, the Board adjourned at 9:35 p.m. until February 27, 2008 at 3:00 p.m. Ayes: Warren, Gecker, Jaeckle, Holland and Durfee. Nays: None. s J mes Stegm ier ~ ounty Administrator Arthur S. Warren Chairman 08-119 02/13/08