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2011-06-15 MinutesBOARD OF SUPERVISORS MINUTES June 15, 2011 0 0 0 Supervisors in Attendance: Staff in Attendance: Mr. Arthur S. Warren, Chairman Mr. Mike Bacile, Dir., Ms. Dorothy A. Jaeckle, Vice Chrm. Purchasing Mr. James M. Holland Dr. Sheryl Bailey, Dep. Ms. Marleen K. Durfee County Administrator, Mr. Daniel A. Gecker Management Services Ms. Janice Blakley, Mr. James J. L. Stegmaier Clerk to the Board County Administrator Ms. Patsy Brown, Dir., Accounting Others in Attendance: Ms. Debbie Burcham, Exec. Dir., Community Mr. David Myers, Asst. Services Board Supt. of Schools for Mr. Allan Carmody, Dir., Business and Finance Budget and Management Ms. Jana Carter, Dir., Juvenile Services Mr. Barry Condrey, Chief Information Officer Mr. Roy Covington, Dir., Utilities Ms. Mary Ann Curtin, Dir., Intergovtl. Relations Mr. Jonathan Davis, Dir., Real Estate Assessments Mr. Will Davis, Dir., Economic Development Mr. William Dupler, Dep. County Administrator, Community Development Colonel Thierry Dupuis, Police Department Mr. Michael Golden, Dir., Parks and Recreation Mr. John W. Harmon, Real Property Manager Mr. Joe Horbal, Commissioner of Revenue Mr. Thomas E. Jacobson, Dir., Revitalization Mr. Donald Kappel, Dir., Public Affairs Mr. Rob Key, Director, General Services Mr. Louis Lassiter, Asst. County Administrator Ms. Debbie Leidheiser, Senior Advocate Mr. R. John McCracken, Dir., Transportation Mr. Richard M. McElfish, Dir., Env. Engineering Mr. Jeffrey L. Mincks, County Attorney 11-363 06/15/11 Chief Edward L. Senter, Fire Department Ms. Sarah Snead, Dep. County Administrator, Human Services Mr. Kirk Turner, Dir., Planning Mr. Mike Westfall, Dir., Internal Audit Mr. Scott Zaremba, Dir., Human Resource Programs Mr. Warren called the regularly scheduled meeting to order at 3:01 p.m. 1. APPROVAL OF MINUTES 1.A. APRIL 27, 2011 REGULAR MEETING On motion of Ms. Durfee, seconded by Mr. Holland, the Board approved the minutes of April 27, 2011, as submitted. Ayes: Warren, Jaeckle, Holland, Durfee, and Gecker. Nays: None. 1.B. MAY 25, 2011 REGULAR MEETING Ms. Blakley stated Ms. Durfee had requested an addition on page 313. Mr. Gecker requested that some time be given to review the proposed revision. Ms. Jaeckle stated the specific piece that Ms. Durfee has requested is not necessary for the overall message of the minutes. She stated staff does a good job conveying the general message of what is said. Mr. Gecker made a motion, seconded by Ms. Durfee, for the Board to approve the minutes of May 25, 2011, including Ms. Durfee's requested addition. Ms. Durfee stated it was important to include her statement after someone had spoken. Mr. Gecker stated additional work for staff is unnecessary in regards to transcribing excessive verbatim. Mr. Warren called for a vote on the motion of Mr. Gecker, seconded by Ms. Durfee, for the Board to approve the minutes of May 25, 2011, as revised. Ayes: Warren, Jaeckle, Holland, Durfee, and Gecker. Nays: None. J J J 11-364 06/15/11 2. COUNTY ADMINISTRATOR'S COMMENTS 2.B. RICHMOND AREA METROPOLITAN PLANNING ORGANIZATION PRESENTATION 0 0 0 Mr. Bob Crum, Executive Director and Ms. Barbara Nelson, Principal Planner with the Richmond Area Metropolitan Planning Organization, updated the Board on the MPO's regional priority Transportation Plan for the MPO study area. Mr. Warren commended Ms. Nelson on the wonderful presentation and overview. He expressed appreciation to those Board members that serve on the MPO. Ms. Jaeckle thanked the knowledgeable staff of the MPO. 2.A. COUNTY ADMINISTRATOR'S REPORT • Mr. Stegmaier was pleased to report that the Police Department was selected as one of 30 finalists for the 2011 Secretary of Defense Employer Support Freedom Award. Mr. Warren commended the Police Department on the outstanding accomplishment. • Mr. Stegmaier announced that Uptown Alley held a ground breaking ceremony yesterday at the Commonwealth Center, and Shoosmith Brothers held a ribbon cutting today for its new recycling center off Lewis Road in Chester. He also announced that the Greater Richmond Aquatics Partnership took delivery of a 50-meter swimming pool built for and last used in the 2008 Olympic trials. He stated the pool, which was home to nine world records during the 2008 trials, will be the centerpiece of a three-pool complex being constructed at Ukrop Park in Chesterfield County. He also reported that Emerson Ecologics, LLC, the leading provider of professional- grade nutritional supplements to the healthcare practitioner market, will invest $1 million to open a distribution facility in Chesterfield County at the Inter-Change at Walthall. He stated the project will create 60 new jobs and marks Emerson Ecologics' first operation in Virginia. Mr. Warren recognized Mr. Will Davis and his staff for the economic development initiatives. 3. BOARD MEMBER REPORTS Ms. Durfee announced she attended the Uptown Alley ground breaking yesterday. She stated the Board worked very closely together collaborating with the community leaders, the stakeholders and Mr. Steve Uphoff and his staff. She further stated there are many people looking forward to the opening of Uptown Alley. Mr. Holland stated the new Aquatic Center will spur other investments in Chesterfield. He reported that he attended the ribbon cutting at the new recycling center at Shoosmith. In regards to the ZIP Code status, he announced that 11-365 06/15/11 constituents in the Dale District may begin using optional community names starting today. Ms. Jaeckle stated it was a great week for ribbon cutting events. She announced that she attended the ribbon cutting at Uptown Alley, the new Aquatic Center and the new recycling center. She stated the new Aquatic Center will bring in a lot of regional business. She also announced the Bermuda District will hold a constituents' meeting on June 21St at Harrowgate Elementary with the Chesterfield County Police regarding gang awareness. She also announced Miss Nikki Poteet, a Thomas Dale High School graduate, will be competing in the Miss USA Pageant on Sunday, June 19tH Mr. Warren announced that Governor Bob McDonnell was in Chesterfield County yesterday visiting J.B. Watkins Elementary School, where he signed into law seven pieces of legislation designed to improve school and student safety. He reported that he represented the Board at the Fire and EMS recruit graduation at Victory Tabernacle Church. He stated members of the Board attended various high school graduations throughout the county. He reported that he represented the Board at Lucy Corr Village, for the dedication of Jake's Place, Springdale's pub, in honor of Jacob W. Mast, Jr. He announced that he spoke at the Asian-American Society meeting and also presented a resolution to out-going Principal of Swift Creek Elementary School, Dr. Donald Bechtel. 4. REQUESTS TO POSTPONE AGENDA ITEMS AND ADDITIONS, DELETIONS OR CHANGES IN THE ORDER OF PRESENTATION On motion of Mr. Gecker, seconded by Mr. Holland, the Board replaced Item 8.B.6.a., Award of Construction Contract for the Mistywood Road, Silverleaf Terrace and Silverleaf Court Waterline Rehabilitation Project; replaced Item 8.B.6.b., Award of Construction Contract for the Hopkins Road Waterline Replacement Project; replaced Item 8.B.11., Approval of a Plan to Self-Fund Line of Duty Benefits and Adoption of a Resolution Opting Out of Funding the Line of Duty Act Through the Virginia Retirement System; replaced Item 8.B.12., Approval of FY2011 Year-End Adjustments; added Item 8.B.17., Adoption of Resolution Establishing Salaries for the 2012- 2015 Board of Supervisors; and replaced Item 17.A., Public Hearing to Consider Adoption of an Ordinance Revising the Special Assessment on the Property Within the Chippenham Place Community Development Authority District (Cloverleaf Mall Site) and Approval of the Third Amendment to the Sale Contract with Crosland, LLC for Cloverleaf Mall. Ayes: Warren, Jaeckle, Holland, Durfee, and Gecker. Nays: None. 5. RESOLUTIONS 5.A. RECOGNIZING MRS. LIESS VAN DER LINDEN-BRUSSE FOR HER OUTSTANDING SERVICE AS PRESIDENT OF THE CHESTERFIELD HISTORICAL SOCIETY Mr. Golden introduced Mrs. Liess van der Linden-Brusse, who was present to receive the resolution. 11-366 J J J 06/15/11 On motion of Mr. Holland, seconded by Mr. Warren, the Board adopted the following resolution: r 0 0 WHEREAS, Mrs. Liess van der Linden-Brusse has served as a member of the Chesterfield Historical Society of Virginia for thirteen years; and WHEREAS, these years of service represent Mrs. van der Linden-Brusse's commitment to enhancing the quality of life for citizens in Chesterfield County through the Chesterfield Historical Society, a volunteer organization that serves as the center for Chesterfield County history, and whose purposes are to collect, preserve, interpret and promote the county's unique past for the education of present and future generations; and WHEREAS, during her years of service, Mrs. van der Linden-Brusse has developed The Lecture Series to help educate the citizens of Chesterfield County with lectures and programs from recognized speakers and historians; and WHEREAS, during her years of service, Mrs. van der Linden-Brusse has held numerous leadership positions including Chair of the Library Committee, Chair of the Events Committee, Director, and First Vice President; and WHEREAS, for the last two years, Mrs. van der Linden- Brusse has further demonstrated her dedication to the Society by serving as President of the Society; and WHEREAS, as President of the Society, Mrs. van der Linden-Brusse has worked diligently to strengthen the organization in all aspects including membership, finances, leadership development and recruitment of volunteers; and WHEREAS, while President, Mrs. van der Linden-Brusse continued to serve the Society as Chair of the Library Committee and Event Committee, devoting hundreds of hours of volunteer time; and WHEREAS, under Mrs. van der Linden-Brusse's leadership and with her encouragement and support, the Society has established exceptional programs at Magnolia Grange and the Museum; and WHEREAS, Mrs. van der Linden-Brusse. and others under her leadership represented and advocated for preserving history programs in difficult economic times, thereby increasing community awareness of and excitement about Chesterfield County history; and WHEREAS, Mrs. van der Linden-Brusse has supported the further development of Parks and Recreation history programs at all county historic sites; and WHEREAS, under Mrs. van der Linden-Brusse's leadership, the Chesterfield Historical Society has continued to thrive and prosper and is well positioned to continue to do so in the future. 11-367 06/15/11 NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 15t'' day of June 2011, publicly recognizes Mrs. Liess van der Linden-Brusse for her years as President of the Chesterfield Historical Society of Virginia and extends its appreciation for all the volunteer hours she has given to this community and for the programs and services her tireless efforts have helped to make possible. AND, BE IT FURTHER RESOLVED that a copy of this resolution be presented to Mrs. van der Linden-Brusse, and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Ayes: Warren, Jaeckle, Holland, Durfee, and Gecker. Nays: None. Ms. Durfee presented the executed resolution to Mrs. van der Linden-Brusse and expressed appreciation for her commitment and all the volunteer hours she has contributed to Chesterfield County. Mr. Golden stated Mrs. van der Linden-Brusse has been a dynamic part of the Historical Society. Mrs. van der Linden-Brusse expressed appreciation to all the volunteers, her husband and the Board of Supervisors for their support. 5.B. RECOGNIZING THE BUSINESS AWARDS PROGRAM 2011 AWARD RECIPIENTS 5.B.2. HOOVER & STRONG, INCORPORATED, THE 2011 COMMUNITY IMPACT AWARD WINNER Mr. Davis introduced Mr. George Hoover, CEO and Mr. Torry Hoover, President of Hoover & Strong, Incorporated, who were present to receive the resolution. On motion of Mr. Warren, seconded by Mr. Holland, the Board adopted the following resolution: WHEREAS, the Chesterfield County Board of Supervisors and Chesterfield County Economic Development established a Business Awards Program to recognize existing businesses within the county that contribute to the county's economy and its citizens; and WHEREAS, Hoover & Strong, Incorporated, is located on Trade Road and employs 184 employees; and WHEREAS, the company has refined and manufactured metal products since 1912, including eco-friendly metals; and WHEREAS, Hoover & Strong makes giving back to the community a priority, and the company's employees took part in the CCHASM Thanksgiving basket program, where they especially benefited citizens of Chesterfield County, and adopted four families this past Christmas for whom presents were purchased, wrapped and delivered; and 11-368 J J J 06/15/11 WHEREAS, money is collected annually for the "Hoover Gift," which was donated to the Richmond Food Bank, and Hoover & Strong has donated a total of $60,000 to the community through organizations, such as Chesterfield County, Hospice of Lancaster, Nature Conservatory, Boy Scouts of America, Virginia Museum of Fine Arts, Freedom House, American Red Cross and MDA Richmond, to name a few; and 0 0 WHEREAS, in 2010, Hoover & Strong, Incorporated, took part in hosting a jewelry-designing competition where contestants were challenged to create jewelry honoring the environment using the sustainable Harmony metal; the winning design was produced and proceeds from the sales benefited the Nature Conservancy, while student winners received scholarships; and WHEREAS, Hoover & Strong supports employees, as well as the community, and workers donated vacation time, purchased groceries and held fundraisers to aid a severely ill employee in daily living. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 15th day of June 2011, publicly recognizes Hoover & Strong, Incorporated, expresses gratitude on behalf of the county for its many contributions to the county, and congratulates them on being the 2011 Community Impact Award winner. AND, BE IT FURTHER RESOLVED that a copy of this resolution be presented to Hoover & Strong, Incorporated, and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Ayes: Warren, Jaeckle, Holland, Durfee, and Gecker. Nays: None. Mr. Warren presented the executed resolution and engraved plate to Mr. George Hoover and Mr. Torry Hoover and congratulated them on their contributions to Chesterfield County. Mr. Hoover expressed appreciation to the Board of Supervisors for the recognition. 5.B.3. PRIORITY AUTOMOTIVE, THE 2011 EMPLOYEE IMPACT AWARD WINNER 0 Mr. Davis introduced Mr. Bob Saunders, General Manager Priority Toyota, Mr. Jacy Poul, General Manager Priority Nissan and Mr. Roger Johnson, General Sales Manager, Priority Kia, representing Priority Automotive, who were present to receive the resolution. On motion of Mr. Holland, seconded by Ms. Durfee, the Board adopted the following resolution: WHEREAS, the Chesterfield County Board of Supervisors and Chesterfield County Economic Development established a Business Awards Program to recognize existing businesses 11-369 Ofi/15/11 within the County that contribute to the County's economy and its citizens; and WHEREAS, Priority Automotive is located on Walthall Center Drive in the County and employs 187 people; and WHEREAS, Priority Automotive has provided the metro Richmond area with four car dealerships that have sold vehicles, parts and accessories and provided services for almost ten years; and WHEREAS, Priority Automotive prides itself on its treatment of customers and employees, by providing free services to its customers, including state inspections, towing, and oil changes, as well as lifetime parts and guarantees to those who purchase any new or used vehicles from a Priority dealership, and on Wednesdays, Priority has free manicures available, along with massage chairs in the dealership waiting rooms; and WHEREAS, Priority Automotive has also hosted events where local parents are provided with Child Identification kits; and WHEREAS, Priority Automotive hosts monthly luncheons for employees to celebrate birthdays and hiring dates, and the company's President, Dennis Ellmer, is present at these luncheons; and WHEREAS, Priority Automotive also provides tickets for its employees to attend the circus annually, and events including beach parties and an annual Christmas party are also held to show employee appreciation; and WHEREAS, Priority Automotive allows for employees to partake in profit sharing, and there are also contests in which employees can participate through Priority Automotive throughout the year; and WHEREAS, Priority Automotive has set an example for its employees by participating in a variety of community activities, ranging from supporting local schools to assisting the military by training assistance for United States Army soldiers on Toyota care, and the company has also participated in and sponsored local events, such as the Kiwanis Golf Tournaments. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, the 15th day of June 2011, publicly recognizes Priority Automotive, expresses gratitude on behalf of the county for its many contributions to the county, and congratulates them on being the 2011 Employee Impact Award winner. AND, BE IT FURTHER RESOLVED that a copy of this resolution be presented to Priority Automotive and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Ayes: Warren, Jaeckle, Holland, Durfee, and Gecker. Nays: None. J J J 11-370 06/15/11 Ms. Jaeckle presented the executed resolution and engraved plate to Mr. Saunders, Mr. Poul and Mr. Johnson, and congratulated them on their contributions to Chesterfield County and their success in enhancing the quality of life for their employees. 0 c 0 Mr. Saunders expressed appreciation to the Board of Supervisors for the recognition. 5.B.4. IRONBRIDGE SPORTS PARK, THE 2011 ENVIRONMENTAL STEWARDSHIP AWARD WINNER Mr. Davis introduced Mr. Stacy Bolton, General-Manager of Ironbridge Sports Park, who was present to receive the resolution. On motion of Mr. Holland, seconded by Ms. Durfee, the Board adopted the following resolution: WHEREAS, the Chesterfield County Board of Supervisors and Chesterfield County Economic Development and Anti-Litter Program established a Business Awards Program to recognize existing businesses within the county that contribute to the county's goal of being protectors of the environment; and WHEREAS, Ironbridge Sports Park, which is located at 11400 Iron Bridge Road in Chesterfield, employs two full-time employees and approximately 25 part-time seasonal employees; and WHEREAS, since May 2007, Ironbridge Sports Park has provided a recreational center that offers activities such as a covered driving range, an 18-hole miniature golf course, nine batting cage stations, two Go-Kart tracks, with a full kitchen and laser tag coming soon; and WHEREAS, Ironbridge Sports Park is committed to providing superior customer service and .educates the customers on the importance of keeping Chesterfield County clean and green while enjoying their recreational experience; and WHEREAS, the company recycles office paper and newspapers, equipment and cooking oil, equipment batteries, ink cartridges, stores equipment gasoline in EPA-approved containers and uses earth friendly cleaning products in their facility; and WHEREAS, the staff of Ironbridge Sports Park picks up litter surrounding the facility once a week, promotes keeping Chesterfield clean by displaying Chesterfield County's Anti- Litter Program sign and educational material, educates the public on the importance of keeping Chesterfield County litter free by distributing environmental friendly prizes to miniature golf winners; and WHEREAS, Ironbridge Sports Park donates family activity packets for fundraising events for over 400 organizations, provides 1,000 free park passes to each public school in Chesterfield County, and was host to Chesterfield County's Anti-Litter Program volunteer celebration. 11-371 06/15/11 NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 15th day of June 2011, hereby recognizes Ironbridge Sports Park, expresses gratitude on behalf of the county for its many contributions to the county, and congratulates them on being the 2011 Environmental Stewardship Award Winner. AND, BE IT FURTHER RESOLVED that a copy of this resolution be presented to Ironbridge Sports Park and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Ayes: Warren, Jaeckle, Holland, Durfee, and Gecker. Nays: None. Mr. Holland presented the executed resolution and engraved plate to Mr. Bolton and congratulated him on his continued contributions to improve the quality of life in Chesterfield County. Mr. Bolton expressed appreciation to the Board of Supervisors for the recognition and recognized Ms. Pam Cooper, with the county's Anti-Litter Program, for her support. 5.B.5. ACAC FITNESS AND WELLNESS CENTER, THE 2011 INNOVATION IMPACT AWARD WINNER Mr. Davis introduced Ms. Joyce Steed, General Manager and Ms. Jill Bunn, PREP Outreach Director of ACAC Fitness and Wellness Center, who were present to receive the resolution. On motion of Ms. Durfee, seconded by Mr. Holland, the Board adopted the following resolution: WHEREAS, the Chesterfield County Board of Supervisors and Chesterfield County Economic Development established a Business Awards Program to recognize existing businesses within the county that contribute to the county's economy and its citizens; and WHEREAS, ACAC Fitness and Wellness Center is located on Robious Road in the county and employs 190 people; and WHEREAS, while there are a wide array of health clubs available in the area, ACAC differs from other fitness centers by catering to adults and their families who are not physically active; and WHEREAS, ACAC created the PREP program to work toward the objective of creating a workout environment for inactive adults and families; and WHEREAS, with over 50 percent of adults in the United States suffering from a chronic illness, such as diabetes, it is essential to provide adults with prevention and relief from these illnesses, and more than 9,000 scientific studies have proven that exercise improves health, but only 15 percent of the United States population exercises enough to impact one's health; therefore, ACAC's PREP program has been developed for inactive adults with poor health; and J J J 11-372 06/15/11 WHEREAS, unlike other fitness centers and exercise health programs, the PREP program staff consists of medical professionals, such as therapists and dieticians, and the availability of professionals in such a wide variety of health-related fields, in addition to the personal attention provided by each professional, creates a more inviting, pleasant environment for program participants; and 0 WHEREAS, the PREP program was created with great consideration of the patients participating in the training, and it can be subsidized by ACAC for patients with a physician's referral; and WHEREAS, ACAC has already donated over $100,000 through PREP; and WHEREAS, patients attend two 30-minute small training sessions weekly, as well as attending a nutrition workshop, having vital signs tracked at each session, and having unlimited gym access during the program, and once the program is complete, patients have the choice to either continue attending ACAC, or receive assistance in changing to a new fitness plan; and WHEREAS, since late 2007, more than 1,200 people have enrolled in the PREP program, and 73 percent have continued to exercise regularly since completing the program. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 15th day of June 2011, publicly recognizes ACAC Fitness and Wellness Center, expresses gratitude on behalf of the county for its many contributions to the county, and congratulates them on being the 2011 Innovation Impact Award winner. AND, BE IT FURTHER RESOLVED that a copy of this resolution be presented to ACAC Fitness and Wellness Center and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Ayes: Warren, Jaeckle, Holland, Durfee, and Gecker. Nays: None. Mr. Gecker presented the executed resolution and engraved plate to Ms. Steed and Ms. Bunn and congratulated them on their success and many contributions to the county. 5.B.1. AUSTIN BROCKENBROUGH & ASSOCIATES, LLP, THE 2011 FIRST CHOICE BUSINESS OF THE YEAR AWARD WINNER 0 Mr. Davis introduced Ms. Carrie Langelotti, Mr. Craig Matthews and Mr. Bruce Sadler, Partners with Austin Brockenbrough & Associates, LLP, who were present to receive the resolution. On motion of Mr. Gecker, seconded by Mr. Warren, the Board adopted the following resolution: WHEREAS, Chesterfield County Board of Supervisors and Chesterfield County Economic Development established a Business Awards Program to recognize existing businesses 11-373 06/15/11 within the county that contribute to the County's economy and its citizens; and WHEREAS, Austin Brockenbrough & Associates, LLP, is located on Boulder Springs Drive in the county and employs 45 people; and WHEREAS, Austin Brockenbrough & Associates, LLP, began in 1955 as a civil engineering and surveying firm and has since expanded to fields including mechanical, electrical and structural engineering, as well as landscape architecture; and WHEREAS, since its beginnings, Austin Brockenbrough & Associates, LLP, has provided Chesterfield County with its quality engineering and renovation services, and in 2010, these services have benefited Chesterfield County facilities including schools, water lines and roads; and WHEREAS, .although the company has over 70% of its business outside of Chesterfield County, 1000 of the company's gross receipts tax was paid to Chesterfield County; and WHEREAS, Austin Brockenbrough & Associates, LLP, employs mainly professionals and semi-professionals, and the company provides employees with sponsored training, tuition reimbursement to further their educations, and flexible work schedules; and WHEREAS, Austin Brockenbrough & Associates, LLP, has focused on expanding in the past year; and WHEREAS, in addition to obtaining the first LEED-CI office in the metro-Richmond area, the company has also managed to add Subsurface Utility Engineering as a regular full-time service, as well as being awarded the Overall Winner award by the 2010 Virginia Transportation Construction Alliance; and WHEREAS, Austin Brockenbrough & Associates, LLP, has consistently given back to the community, through volunteering, mentoring, and providing funding to further the education of students in the engineering field, and this past year, Austin Brockenbrough & Associates, LLP assisted Thomas Dale High School with the planning and creation of new dugouts; and WHEREAS, the company also participates in activities including blood drives and Central Virginia Food Bank donations. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 15th day of June 2011, publicly recognizes Austin Brockenbrough & Associates, LLP, expresses gratitude on behalf of the county for its many contributions to the county, and congratulates them on being the 2011 Business of the Year Award winner. J J J 11-374 06/15/11 AND, BE IT FURTHER RESOLVED that a copy of this resolution be presented to. Austin Brockenbrough & Associates, LLP, and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. 0 0 0 Ayes: Warren, Jaeckle, Holland, Durfee, and Gecker. Nays: None. Mr. Gecker presented the executed resolution and engraved plate to Ms. Langelotti, Mr. Matthews and Mr. Sadler, congratulated them on winning the Business of the Year Award, and expressed appreciation for their civic engagement in the county. 6. WORK SESSIONS 6.A. REVIEW 2011 GENERAL ASSEMBLY LEGISLATION Mr. Mincks summarized 2011 General Assembly legislative changes requiring Board action, as well as optional legislative changes permitting Board action, and provided staff's recommendations for the legislative changes. On motion of Mr. Gecker, seconded by Mr. Holland, the Board set the date of August 24, 2011 as public hearings to consider amending the County Code (a) to permit the discharge of pneumatics guns on private property under certain circumstances; (b) to specify that illegal gambling includes "internet sweepstakes cafes"; and (c) to comply with the new disclosure requirements for real estate assessment records. And, further, the Board referred to the Planning Commission for recommendation legislative changes relative to: amending the zoning ordinance to incorporate new landowner notice provisions; and amending the County Code to add buffer requirements to the ordinance governing the siting of wind energy systems. Ayes: Warren, Jaeckle, Holland, Durfee, and Gecker. Nays: None. On motion of Ms. Durfee, seconded by Mr. Holland, the Board set the date of August 24, 2011 as a public hearing to consider amending the County Code to increase the fee paid to the county for passing a bad check from $35 to $50; referred to the School Board and the Commonwealth's Attorney for assessment the legislative change to amend the County Code to authorize the School Board to install video-monitoring systems on school buses to document drivers passing stopped school buses; and directed the County Attorney to prepare a resolution for consideration by the Board, authorizing the County Administrator to provide aid to, or receive. aid from, other localities in situations where the county has not formally declared a local emergency. Ayes: Warren, Jaeckle, Holland, Durfee, and Gecker. Nays: None. On motion of Mr. Gecker, seconded by Ms. Jaeckle, the Board referred to the Budget and Audit Committee and Economic Development for recommendation, the optional legislative 11-375 06/15/11 change to amend the County Code to create a separate tax classification for machinery and tools used directly in manufacturing equipment for national defense and to create "defense productions zones." And, further, the Board referred to the Budget and Audit Committee and Economic Development for consideration during the FY13 budget process, the optional legislative change to amend the County Code to grant new businesses up to two years' relief from BPOL taxes. And, further, the Board referred to the Budget and Audit Committee for consideration during the FY13 budget process, the optional legislative changes to amend the County Code relative to (a) creating, for real estate taxation purposes, a separate class of property for buildings that are on the Virginia Landmarks Registry; and (b) establishing new net financial worth and annual income standards to determine eligibility for the real property tax exemption program for elderly and disabled citizens. Ayes: Warren, Jaeckle, Holland, Durfee, and Gecker. Nays: None. The Board took no action on the optional legislative changes to discontinue the Disability Services Board and to amend the County Code to: (a) exempt from BPOL tax any business that has no after-tax profits for the tax year; (b) calculate BPOL taxes based on a business's Virginia taxable income rather than gross receipts; (c) exempt Section 501(c)(3) organizations that prepare and sell food at fundraising events from Health Department's restaurant regulations; and (d) adopt an ordinance providing for a family subdivision of land held by a trust. 6.B. ANNUAL REVIEW OF CASH PROFFER CALCULATIONS AND ADOPTION OF A MAXIMUM CASH PROFFER AMOUNT PER DWELLING UNIT FOR FY2012 AND CASH PROFFER POLICY CHANGES Mr. Carmody provided a summary of results of the cash proffer program. He stated approximately $516.5 million has been proffered to date; $59.3 million collected; and $48.5 million appropriated. He further stated more than 41,867 lots have been created with cash proffers and 10,576 lots have paid cash proffers. He reviewed the annual collection trends. He stated 34 percent of approved cases are below maximum proffer and 65 percent of approved lots are below maximum proffer. He reviewed the payment timeframe. He stated the calculated cost for FY2012 is $28,567 per dwelling unit, which is 10.3 percent higher than last year's calculated cost of $25,901. In closing, he reviewed the proposed changes to the cash proffer policy. Ms. Jaeckle expressed appreciation to Mr. Carmody and his staff for making suggested changes to the policy. Mr. Warren stated the cash proffers should not be changed due to the current recessionary period. He further stated this is not a time to tinker with a policy that has been working at this level. J J J 11-376 06/15/11 Mr. Holland reiterated Mr. Warren's comments. He stated the county should be cognizant of the economy. 0 0 0 Ms. Durfee stated in the history of the proffer policy, the county has undercut the amount that staff has provided in regards to calculations. She further stated the county is responsible for maintaining facilities and services to the citizens. She stated it is important to be mindful of what has been calculated and what has already been approved in past years. Mr. Warren made a motion, seconded by Ms. Jaeckle, for the Board to adopt the FY2011 maximum cash proffer at the rate of $18,966 per dwelling unit and the proposed changes to the policy. (It is noted a copy of the revised policy is filed with the papers of this Board.) Ayes: Warren, Jaeckle, Holland, Durfee, and Gecker. Nays: None. 7. DEFERRED ITEMS There were no Deferred Items at this time. 8. NEW BUSINESS 8.A. APPOINTMENTS On motion of Mr. Holland, seconded by Ms. Durfee, the Board suspended its rules to allow simultaneous nomination/ appointment/reappointment to the Economic Development Authority, the Health Center Commission and the Community Criminal Justice Board. Ayes: Warren, Jaeckle, Holland, Durfee, and Gecker. Nays: None. 8.A.1. ECONOMIC DEVELOPMENT AUTHORITY On motion of Mr. Holland, seconded by Ms. Durfee, the Board simultaneously nominated/reappointed Ms. Teri Coder Beirne, Mr. Lloyd A. Lenhart, and Mr. Arthur J. Heinz as members of the Economic Development Authority, whose terms are effective July 1, 2011 and expire June 30, 2015. Ayes: Warren, Jaeckle, Holland, Durfee, and Gecker. Nays: None. 8.A.2. HEALTH CENTER COMMISSION On motion of Mr. Holland, seconded by Ms. Durfee, the Board simultaneously nominated/appointed/reappointed Mr. James G. Kalanges, Mr. Steven L. Micas, Ms. Michele A. Stoll, and Ms. Janice H. Dial as members of the Health Center Commission, whose terms are effective July 1, 2011 and expire June 30, 2015. Ayes: Warren, Jaeckle, Holland, Durfee, and Gecker. Nays: None. 11-377 06/15/11 8.A.3. COMMUNITY CRIMINAL JUSTICE BOARD On motion of Mr. Holland, seconded by Ms. Durfee, simultaneously nominated/reappointed The Honorable Robbins, Jr., The Honorable Philip V. Daffron, The Dennis Proffitt, The Honorable William B. Bray, Mr. Barnes, Ms. Sarah C. Snead, Mr. Randy Rowlett, Deborah O. Burcham as members of the Community Justice Board, whose terms are effective on July 1, expires June 30, 2013. Ayes: Warren, Jaeckle, Holland, Durfee, and Gecker. Nays: None. 8.B. CONSENT ITEMS the Board Edward A. Honorable Shawn Q. and Ms. Criminal 2011 and 8.B.1. REQUESTS FOR PERMITS TO STAGE FIREWORKS DISPLAYS 8.B.l.a. AT THE SUNDAY PARK PENINSULA OF BRANDERMILL On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board approved a request for a permit to stage a fireworks display at the Sunday Park Peninsula at Brandermill on Monday, July 4, 2011, with a rain date of July 5, 2011. Ayes: Warren, Jaeckle, Holland, Durfee, and Gecker. Nays: None. 8.B.l.b. AT THE WOODLAKE PAVILION/AMPHITHEATER On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board approved a request for a permit for Woodlake Community Association to stage a fireworks display at the Woodlake Pavilion/Amphitheater on September 3, 2011, with a rain date of September 4, 2011. Ayes: Warren, Jaeckle, Holland, Durfee, and Gecker. Nays: None. 8.B.l.c. AT THE CHESTERFIELD COUNTY FAIRGROUNDS On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board approved a request for a permit to stage a fireworks display at the Chesterfield County Fairgrounds on July 4, 2011. Ayes: Warren, Jaeckle, Holland, Durfee, and Gecker. Nays: None. 8.B.l.d. AT THE LAKE CHESDIN GOLF CLUB On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board approved a request for a permit to stage a fireworks display for Chesdin Landing Independence Day Celebration on Sunday, July 3, 2011, with a rain date of July 4, 2011, contingent upon the applicant providing a satisfactory certificate of insurance to the Fire Marshal prior to the event. Ayes: Warren, Jaeckle, Holland, Durfee, and Gecker. Nays: None. 11-378 06/15/11 J J J 8.B.2. ADOPTION OF RESOLUTION RECOGNIZING CORPORAL LARRY R. COVINGTON, POLICE DEPARTMENT, UPON HIS RETIREMENT On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board adopted the following resolution: 0 WHEREAS, Corporal Larry K. Covington will retire from the Chesterfield County Police Department on July 1, 2011, after providing nearly 33 years of quality service to the citizens of Chesterfield County; and WHEREAS, Corporal Covington has faithfully served the county in the capacity of Dispatcher, Police Officer, Investigator, Detective, Senior, Master and Career Police Officer, and Corporal; and WHEREAS, during his career, Corporal Covington has served as a Field Training Officer, General Instructor, Marine Patrol Officer, Peer Counselor, and as a member of the Critical Incident Stress Management Team; and WHEREAS, Corporal Covington was chosen as the 1985 Police Officer Rookie of the Year; and WHEREAS, Corporal Covington was selected as the Police Officer of the Year in 1995, and was again nominated in 1996, coming in second place; and WHEREAS, Corporal Covington was commended for his observation skills and police intuition that subsequently led to the pursuit, capture and arrest of a dangerous suspect, and although he received multiple injuries including a crushing injury to his foot after being hit by the suspect's vehicle. after his initial approach, the suspect was arrested for numerous charges including Felony Hit and Run, and Attempted Capital Murder of a Police Officer; and WHEREAS, Corporal Covington received a Certificate of Achievement for his response to the Virginia Tech University shooting that occurred in 2007, when as a member of the Critical Incident Stress Management Team, he provided counseling and support to the family members of the victims, as well as the responding officers, forensic personnel, students, friends and faculty; and WHEREAS, Corporal Covington was commended for his excellent police work, which resulted in the clearing of multiple automobile larceny cases and other tri-city crimes in three different jurisdictions; and 0 WHEREAS, Corporal Covington was the recipient of a Certificate of Achievement for the initiative and diligence displayed in solving a number of vandalisms and larcenies that had occurred, and his efforts resulted in 45 criminal charges and convictions for three suspects; and WHEREAS, Corporal Covington was presented with the Help Eliminate Auto Theft (HEAT) Award by the Virginia State Police for breaking up a stolen car ring and recovering 10 stolen vehicles, the highest number recovered in the Central Virginia area for that year; and 11-379 06/15/11 WHEREAS, Corporal Covington spent a considerable amount of off-duty time during his career serving as a Peer Counselor and helping families of officers called to active duty and deployed overseas; and WHEREAS, Corporal Covington is recognized for his communications and human relations skills, professionalism and teamwork, all of which he has utilized within the Police Department and in assisting citizens of Chesterfield County; and WHEREAS, Corporal Covington has received numerous letters of commendation, thanks and appreciation from the citizens of Chesterfield County for service rendered; and WHEREAS, Corporal Covington has provided the Chesterfield County Police Department with many years of loyal and dedicated service; and WHEREAS, Chesterfield County and the Board of Supervisors will miss Corporal Covington's diligent service. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes Corporal Larry K. Covington, and extends on behalf of its members and the citizens of Chesterfield County, appreciation for his service to the county, congratulations upon his retirement, and best wishes for a long and happy retirement. Ayes: Warren, Jaeckle, Holland, Durfee, and Gecker. Nays: None. 8.B.3. STATE ROAD ACCEPTANCE On motion of Ms. Jaeckle, seconded by Mr. Holland, 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. J J J 11-380 06/15/11 Project/Subdivision: Abbey Village Section A at Charter Colony Type Change to the Secondary System of State Highways: Addition Reason for Change: New subdivision street Pursuant to Code of Virginia Statute: §33.1-229 Street Name and/or Route Number 0 0 0 • Abbey Village Circle, State Route Number 7566 From: Manders Drive, (Route 7104) To: Abbey Village Circle, (Route 7566), a distance of: 0.08 miles. Recordation Reference: Pb. 161, Pg. 58 Right of Way width (feet) = 44 • Abbey Village Drive, State Route Number 7565 From: Coalfield Road, (Route 754) To: Abbey Village Circle, (Route 7566), a distance of: 0.04 miles. Recordation Reference: Pb. 161, Pg. 58 Right of Way width (feet) = 64 • Abbey Village Circle, State Route Number 7566 From: Abbey Village Drive, (Route 7565) To: Abbey Village Circle, (Route 7566), a distance of: 0.46 miles. Recordation Reference: Pb. 161, Pg. 58 Right of Way width (feet) = 44 • Abbey Village Circle, State Route Number 7566 From: Abbey Village Circle, (Route 7566) To: Abbey Village Drive, (Route 7565), a distance of: 0.04 miles. Recordation Reference: Pb. 161, Pg. 58 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. 11-381 06/15/11 Project/Subdivision: Branchs Bluff Section 1 Type Change to the Secondary System of State Highways: Addition Reason for Change: New subdivision street Pursuant to Code of Virginia Statute: §33.1-229 Street Name and/or Route Number • Branchs Bluff Drive, State Route Number 7554 From: Hopkins Road, (Route 637) To: Proctors Run Drive, (Route 7555), a distance of: 0.05 miles. Recordation Reference: Pb. 193, Pg. 50 Right of Way width (feet) = 50 • Proctors Run Drive, State Route Number 7555 From: Evelake Road, (Route 1478) To: Pillow Bluff Lane, (Route 7556), a distance of: 0.06 miles. Recordation Reference: Pb. 193, Pg. 50 Right of Way width (feet) = 50 • Proctors Run Drive, State Route Number 7555 From: .Pillow Bluff Lane, (Route 7556) To: Branchs Bluff Drive, (Route 7554), a distance of: 0.05 miles. Recordation Reference: Pb. 193, Pg. 50 Right of Way width (feet) = 50 • Proctors Run Drive, State Route Number 7555 From: Branchs Bluff Drive, (Route 7554) To: 0.02 miles South of Branchs Bluff Drive, (Route 7554), a distance of: 0.02 miles. Recordation Reference: Pb. 193, Pg. 50 Right of Way width (feet) = 50 • Pillow Bluff Lane, State Route Number 7556 From: Proctors Run Drive, (Route 7555) To: Birch's Bluff Road, (Route 7557), a distance of: 0.05 miles. Recordation Reference: Pb. 193, Pg. 50 Right of Way width (feet) = 50 • Branchs Woods Lane, State Route Number 7559 From: Birch's Bluff Road, (Route 7557) To: Temp End of Maintenance, a distance of: 0.02 miles. Recordation Reference: Pb. 193, Pg. 50 Right of Way width (feet) = 50 • Birchs Bluff Road, State Route Number 7557 From: Pillow Bluff Lane, (Route 7556) To: Proctors Bluff Lane, (Route 7558), a distance of: 0.11 miles. Recordation Reference: Pb. 193, Pg. 50 Right of Way width (feet) = 50 • Birchs Bluff Road, State Route Number 7557 From: Proctors Bluff Lane, (Route 7558) To: Branchs Woods Lane, (Route 7559, a distance of: 0.19 miles. Recordation Reference: Pb. 193, Pg. 50 Right of Way width (feet) = 50 J J J 11-382 06/15/11 • Proctors Bluff Lane, State Route Number 7558 From: Birch's Bluff Road, (Route 7557) To: Temp End of Maintenance, a distance of: 0.03 miles. Recordation Reference: Pb. 193, Pg. 50 Right of Way width (feet) = 50 0 • Proctors Bluff Lane, State Route Number 7558 From: Birch's Bluff Road, (Route 7557) To: Cul-de-sac, a distance of: 0.03 miles. Recordation Reference: Pb. 193, Pg. 50 Right of Way width (feet) = 50 • Branchs Woods Lane, State Route Number 7559 From: Birch's Bluff Road, (Route 755.7) To: Cul-de-sac, a distance of: 0.06 miles. Recordation Reference: Pb. 193, Pg. 50 Right of Way width (feet) = 50 • Pillow Bluff Lane, State Route Number 7556 From: Birch's Bluff Road, (Route 7557). To: Cul-de-sac, a distance of: 0.04 miles. Recordation Reference: Pb. 193, Pg. 50 Right of Way width (feet) = 50 Ayes: Warren, Jaeckle, Holland, Durfee, and Gecker. Nays: None. 8.B.5. AUTHORIZATION TO PROCEED WITH THE SPRING RUN ELEMENTARY SCHOOL ATHLETIC COMPLEX LIGHTING PROJECT On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board authorized the County Administrator to proceed with bidding for the Spring Run Elementary School Athletic Complex Lighting Project; authorized the County Administrator to enter into the customary Dominion Virginia Power new service agreements; authorized the Chairman of the Boart of Supervisors and County Administrator to execute easement agreements for the installation of new utilities; and authorized the County Administrator to award a construction contract up to $165,000 to the lowest responsive and responsible bidder. Ayes: Warren, Jaeckle, Holland, Durfee, and Gecker. Nays: None. 8.B.6. AWARD OF CONSTRUCTION CONTRACTS 8.B.6.a. FOR THE MISTYWOOD ROAD, SILVERLEAF TERRACE AND SILVERLEAF COURT WATERLINE REHABILITATION PROJECT 0 On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board awarded a construction contract to Godsey and Son, Inc. in the amount of $304,036.00, authorized a transfer of $335,000 from the rate .stabilization fund to the Mistywood Road, Silverleaf Terrace and Silverleaf Court Waterline Project, and authorized the County Administrator to execute the necessary documents. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Warren, Jaeckle, Holland, Durfee, and Gecker. Nays: None. 11-383 06/15/11 8.B.6.b. FOR THE HOPKINS ROAD WATERLINE REPLACEMENT PROJECT On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board awarded a construction contract to Godley & Son, Inc. in the amount of $620,621.00, authorized a transfer of $295,000 from the rate stabilization fund to the Hopkins Road Waterline Replacement Project from Centralia to Route 288, and authorized the County Administrator to execute the necessary documents. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Warren, Jaeckle, Holland, Durfee, and Gecker. Nays: None. 8.B.7. REQUESTS FOR PERMISSION 8.B.7.a. FROM DARKEN WOODELL AND STACY WOODELL FOR A PROPOSED FENCE TO ENCROACH WITHIN AN EIGHT-FOOT EASEMENT ACROSS LOT 3, ROSSINGTON, SECTION 2, VILLAGES OF LONGMEADOW On motion of Ms. .Jaeckle, seconded by Mr. Holland, the Board granted Darren Woodell and Stacy Woodell permission for a proposed fence to encroach within an 8' easement across Lot 3, Rossington, Section 2, Villages of Longmeadow, subject to the execution of a license agreement. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Warren, Jaeckle, Holland, Durfee, and Gecker. Nays: None. 8.B.7.b. FROM DAVID F. PASCALE AND AMY L. PASCALE FOR A PROPOSED WOODEN FENCE TO ENCROACH WITHIN A TWENTY- FOOT DRAINAGE EASEMENT AND A SIXTEEN-FOOT DRAINAGE EASEMENT ACROSS LOT 61, MALLORY VILLAGE, SECTION A AT CHARTER COLONY On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board granted David F. Pascale and Amy L. Pascale permission for a proposed wooden fence to encroach within a 20' drainage easement and a 16' drainage easement across Lot 61, Mallory Village, Section A at Charter Colony, subject to the execution of a license agreement. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Warren, Jaeckle, Holland, Durfee, and Gecker. Nays: None. 8.B.9. APPROPRIATION AND TRANSFER OF ADDITIONAL FUNDS AND AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT FOR THE CONSTRUCTION OF THE OLD HUNDRED ROAD/BRANDERMILL PARKWAY/KELLY GREEN DRIVE ROUNDABOUT On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board appropriated a combination of additional funds from road cash proffers (shed 5) and transferred funds from the General Road Improvement Account (a maximum of $355,000) for the Old Hundred Road/Brandermill Parkway/Kelly Green Drive Roundabout J J J 11-384 06/15/11 project; (b) authorized the County Administrator to determine appropriation and transfer amounts outlined. in Section (a) after seeking Schools' participation in the funding of this project from the savings in the Clover Hill High School project; and (c) authorized the County Administrator to award a construction contract up to $677,742 to the lowest responsive and responsible bidder. 0 Ayes: Warren, Jaeckle, Holland, Durfee, and Gecker. Nays: None. 8.B.11. APPROVAL OF A PLAN TO SELF-FUND LINE OF DUTY BENEFITS AND ADOPTION OF A RESOLUTION OPTING OUT OF FUNDING THE LINE OF DUTY ACT THROUGH THE VIRGINIA RETIREMENT SYSTEM On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board approved a plan to self-fund Line of Duty Act benefits for eligible employees and volunteers and adopted the following resolution to opt out of funding the Line of Duty Act fund through the Virginia Retirement System: WHEREAS, pursuant to Item 258 of the Appropriations Act, paragraph B, the Virginia General Assembly has established the Line of Duty Act Fund (the "Fund") for the payment of benefits prescribed by and administered under the Line of Duty Act (Va. Code § 9.1-400 et seq.); and WHEREAS, for purposes of administration of the Fund, a political subdivision with covered employees (including volunteers pursuant to paragraph B2 of Item 258 of the Appropriations Act) may make an irrevocable election on or before July 1, 2012, to be deemed a non-participating employer fully responsible for self-funding all benefits relating to its past and present covered employees under the Line of Duty Act from its own funds; and WHEREAS, it is the intent of Chesterfield County to make this irrevocable election to be a non-participating employer with respect to the Fund. NOW, THEREFORE, BE IT RESOLVED that Chesterfield County hereby elects to be deemed a non-participating employer fully responsible for self-funding all benefits relating to its past and present covered employees under the Line of Duty Act from its own funds. AND, BE IT FURTHER RESOLVED that the following entities, 0 Bensley-Bermuda Volunteer Rescue Squad Ettrick-Matoaca Volunteer Rescue Squad Forest View Volunteer Rescue Squad Manchester Volunteer Rescue Squad Bensley Volunteer Fire Department Bon Air Volunteer Fire Department Midlothian Volunteer Fire Department Enon Volunteer Fire Department Clover Hill Volunteer Fire Department Matoaca Volunteer Fire Department Wagstaff Circle Volunteer Fire Department Chester Volunteer Fire Department Chesterfield Volunteer Fire Department Phillips Volunteer Fire Department 11-385 06/15/11 to the best of the knowledge of Chesterfield County, constitute the population of its past and present covered employees under the Line of Duty Act. AND, BE IT FURTHER RESOLVED that, as a non-participating employer, Chesterfield County agrees that it will be responsible for, and reimburse the State Comptroller for, all Line of Duty Act benefit payments (relating to existing, pending or prospective claims) approved and made by the State Comptroller on behalf of Chesterfield County on or after July 1, 2010. AND, BE IT FURTHER RESOLVED that, as a non-participating employer, Chesterfield County agrees that it will reimburse the State Comptroller an amount representing reasonable costs incurred and associated, directly and indirectly, with the administration, management and investment of the Fund. AND, BE IT FURTHER RESOLVED that Chesterfield County shall reimburse the State Comptroller on no more than a monthly basis from documentation provided to it from the State Comptroller. Adopted in Chesterfield, Virginia this 15th day of June, 2011 Ayes: Warren, Jaeckle, Holland, Durfee, and Gecker. Nays: None. 8.B.12. APPROVAL OF FY2011 YEAR-END ADJUSTMENTS On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board approved the FY2011 year-end revenue and expenditure adjustments and resolutions as well as a modified service agreement for the Riverside Regional Jail (RRJA) as follows: (a) appropriated revenues and expenditures for specific programs as well as authorized reallocations among general fund departments and related funds and decreased revenues and expenditures as outlined on Schedule A; (b) appropriated revenues and expenditures and authorized other adjustments for specific programs, projects and non-general fund departments as outlined on Schedule B; (c) authorized the County Administrator to assign and re-appropriate unspent FY2011 appropriations that are in excess of the FY2011 budgeted unassigned ending fund balance, contingent upon positive results of operations as detailed in the papers of this Board; (d) authorized the County Administrator to assign and re-appropriate $1,480,168 in Utility Department funds, contingent upon positive results of operations as determined by the county's financial audit; and (e) approved two resolutions and a modified service agreement for the Riverside Regional Jail Authority. (It is noted Schedules A and B and the Riverside Regional Jail resolutions are filed with the papers of this Board.) Ayes: Warren, Jaeckle, Holland, Durfee, and Gecker. Nays: None. 11-386 J J J 06/15/11 8.B.13. APPROVAL OF FY2011 SCHOOL FUND YEAR-END ADJUSTMENTS 0 On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board approved the FY2011 School Fund year-end adjustments as follows: 1) reserved and appropriated into FY2012 unspent FY2011 appropriations as outlined on Attachment A, contingent on results of operations as determined by the county's financial audit; 2) reserved the amount indicated on Attachment A for the Appomattox Regional Governor's School; and 3) revised revenues and appropriations as outlined in Attachment B. (It is noted Attachments A and B are filed with the papers of this Board.) Ayes: Warren, Jaeckle, Holland, Durfee, and Gecker. Nays: None. 8.B.15. TRANSFER OF DISTRICT IMPROVEMENT FUNDS FROM THE MIDLOTHIAN DISTRICT TO THE PARKS AND RECREATION DEPARTMENT TO PURCHASE PLAYGROUND EQUIPMENT FOR CRESTWOOD ELEMENTARY SCHOOL 0 On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board transferred $3,000 from the Midlothian District Improvement Fund to the Parks and Recreation Department to purchase playground equipment for Crestwood Elementary School. Ayes: Warren, Jaeckle, Holland, Durfee, and Gecker. Nays: None. 8.B.16. CONVEYANCE OF EASEMENT TO VERIZON INCORPORATED FOR UNDERGROUND CABLE TO PROVIDE A SECOND FIBER OPTIC LINE TO SAINT FRANCIS MEDICAL CENTER On motion of Ms. Jaeckle, 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 Inc. for underground cable to provide a second fiber optic line to Saint Francis Medical Center. (It is noted a copy of the plat is filed with the papers of this Board . ) Ayes:. Warren, Jaeckle, Holland, Durfee, and Gecker. Nays: None. On motion of Mr. Holland, seconded by Ms. Durfee, the Board removed the following items for public comment: Item 8.B.4., Request of Planning Commission to Extend Draft Chesterfield Countywide Comprehensive Plan Review and Item 8.B.17., Adoption of Resolution Establishing Salaries for the Members of the 2012-2015 Board of Supervisors. Ayes: Warren, Jaeckle, Holland, Durfee, and Gecker. Nays: None. 8.B.4. REQUEST OF PLANNING COMMISSION TO EXTEND DRAFT CHESTERFIELD COUNTYWIDE COMPREHENSIVE PLAN REVIEW Mr. George Beadles expressed concerns regarding the extension time for review of the Draft Comprehensive Plan. 11-387 06/15/11 Mr. Bill Woodfin, a Matoaca District resident, requested that the Board agree to extend the time for the Planning Commission to review the Draft Comprehensive Plan. He stated public input is important to advise the Planning Commission on the proposed plan. Mr. John Zeugner, representing the Partnership for Smarter Growth, requested that the Board deny a time extension for the Planning Commission to review the Draft Comprehensive Plan and keep it on schedule. Ms. Jaeckle expressed concerns that the Planning Commission might not have adequate time to review the plan. She stated public comment is important as people really see the effects of the plan. She further stated she would prefer moving the extension to December, if possible, to allow adequate review time. Mr. Turner stated the Planning Commission has been very engaged and deliberate in the review and is very concerned about bringing forth a plan that best represents the interest of the citizens and best serves the county. He further stated, at the current pace that the Planning Commission has been working, he does not think they can complete the work that they have started by July 19th. He stated staff has prepared a schedule for the Planning Commission that would allow them to complete the review by September. He expressed concerns regarding public feedback and the amount of time it would take the Planning Commission to review the input. Mr. Holland stated he does not support the request to defer or extend the Draft Chesterfield Countywide Comprehensive Plan review. He further stated there have been more than enough community meetings regarding the plan. He stated the Board has made sure that the Planning Commission is not overwhelmed with case loads. Ms. Jaeckle stated the Richmond Association of Realtors is in support of a deferral. She further stated realtors have the most vested interests in the Comprehensive Plan. Ms. Durfee stated she brought the issue about revising the Comprehensive Plan to Chesterfield County in 2002. She further stated the citizens in the last election wanted better planning, strong leadership, predictability, and issues such as transportation and the environment addressed. She stated the role of the Planning Commission was to take the document they were given, by two years worth of work with consultants and Steering Committee members, and to make recommendations off of that document. She further stated there was plenty of time allotted to work on the plan and Chesterfield County desperately needs direction in comprehensive planning. She stated the Board has a reputation to uphold for the citizens. She further stated the plan is a general guide; it is not to be detailed or specific. She expressed concerns involving the possible delay of the plan because of special interests. She stated she does not support the request for a time extension. Mr. Gecker stated there were delays in the system because what is being undertaken is a fairly significant project. He further stated many years were spent developing the Upper J J J 11-388 06/15/11 0 0 r~ Swift Creek Plan and there was a lot of citizen involvement to create a document that protected the Upper Swift Creek geography. He stated, in regards to the Comprehensive Plan and the timeframe referenced, it is not an accurate reflection of the facts. He stated the Planning Commission has spent a great deal of time going over all the elements. He further stated the process has been known to be from the beginning, that the Steering Committee and consultants would come up with a draft and from there by statute it goes to the Planning Commission where they do their best to work through the plan and come up with a recommendation to the governing body. He stressed the importance of the extension and getting the proposed plan right. Ms. Durfee stated the county has not had a Comprehensive Plan in twenty-seven years. She further stated the plan is not supposed to be perfect, and there has been more than enough time spent preparing documents. She expressed concerns regarding the time and hard work the consultants have put into the plan, going unnoticed. Mr. Holland noted that he has never solicited a dollar from any special interest group for political purpose. He stated he does not support the deferral request. In response to Ms. Durfee's comment regarding delay of the plan because of special interests, Ms. Jaeckle stated the citizens in her district are considered her special interest. She further stated there are some areas of her district that have been proposed as very high density that will affect roads. She stated the September date is too soon to get significant public input. Ms. Jaeckle made a motion, seconded by Mr. Gecker, for the Board to approve the Planning Commission's request to extend its draft Chesterfield Countywide Comprehensive Plan review to December 14, 2011. In response to Mr. Warren's question regarding the time extension, Mr. Turner stated given the path that the Planning Commission has chosen, which is to be very stringent as far as review of the plan and to consider every recommendation, they can complete their review and their edits by September. He further stated he is unsure of the public participation process. He stated the Planning Commission has not formally decided how they wanted to take public input and the public has not had the benefit of seeing the edits the Planning Commission has made. He stated the public has a draft plan that has been prepared by the consultants and the Steering Committee. Ms. Durfee stated Mr. Turner's staff has been patiently working with the Planning Commission. She further stated if the Planning Commission had stayed on task by taking the document and making recommendations from it, they might not be at this point right now. She stated she finds it highly ineffective for a government to have a document out for this long. She expressed concerns regarding the reputation of the county, the consultants and all the work the Steering Committee has done. Mr. Gecker stated the role of the Commission has been called into question a lot of times today. He further stated the 11-389 06/15/11 State Code says the local Planning Commission shall prepare and recommend a Comprehensive Plan. Mr. Warren called for a vote on the motion of Ms. Jaeckle, seconded by Mr. Gecker, for the Board to approve the Planning Commission's request to extend its draft Chesterfield Countywide Comprehensive Plan review to December 14, 2011. Ayes: Warren, Jaeckle, and Gecker. Nays: Holland and Durfee. 8.B.17 ADOPTION OF RESOLUTION ESTABLISHING SALARIES FOR THE MEMBERS OF THE 2012-2015 BOARD OF SUPERVISORS Mr. George Beadles expressed concerns regarding the submission of the item at the last minute. Mr. Gecker stated the add-on was due to staff oversight. Mr. Gecker made a motion, seconded by Ms. Jaeckle, for the Board to freeze the current salary for the members of the 2012-2015 Board of Supervisors. In response to Mr. Mincks' question regarding the motion, Mr. Gecker stated the motion is that the salary will remain at $33,726 for each of the four years and will not fluctuate with the staff increase. Ms. Durfee stated pay has never been an issue with any of the Board members because their service is for the public. She further stated the Board needs to be realistic regarding a pay structure and a system. She expressed concerns regarding salaries for future Board members. She stated Chesterfield is far below other jurisdictions that are comparable. She further stated the Board should consider what has been done in the past by having a minimum range and a potential maximum range over four years that is fair and objective and takes into account a modest increase according to what county employees obtain. Mr. Holland reiterated Ms. Durfee's comments and stated the Board pay should be inline with county employees. He further stated the Board should be reasonable for the future Board of Supervisors. In response to Mr. Warren's question, Mr. Mincks stated the previous Board of Supervisors had projected increases that were voted on in 2007, and at that time the thought was that there would be a projected annual increase of 4.5 percent, however that did not happen as a result of the economy. He further stated the current upward limit for this particular year is $37, 008, but due to the fact that there were no pay increases the salary was set at $33,726. He stated staff recommended the two percent salary increase in FY2012-2013 for county employees that would result in a salary of $34,400 for the next Board and if the Board readopts the current salary amount for the remaining three calendar years, the next Board will be limited to the $37,008 maximum for calendar years 2013-2015, in accordance with approved employees salary increases. J J J 11-390 06/15/11 Ms. Durfee stated Chesterfield is not comparable with other jurisdictions. She further stated there needs to be some reasonable understanding of compensation tied to the position and its responsibilities. 0 0 r~ Ms. Durfee made a substitute motion, seconded by Mr. Holland, for the Board to approve staff recommendations. Mr. Mincks clarified the substitute motion, stating the two percent salary increase in FY2012-2013 for county employees would result in a salary of $34,400 for the next Board effective January 2012, the remaining three years the Board would receive approved employee increases up to a maximum amount of $37,008 and the stipends for Vice-Chairman and Chairman will remain the same. Mr. Warren stated Board members who do not wish to have an increase can have that option. He further stated he supports the substitute motion. Discussion ensued regarding the substitute motion. Mr. Warren called for a vote on the substitute motion of Ms. Durfee, seconded by Mr. Holland, for the Board to approve staff recommendations to adopt the two percent salary increase in FY2012-2013 for county employees that would result in a salary of $34,400 for the next Board effective January 2012, the remaining three years the Board would receive approved employee increases up to the maximum amount of $37,008 and the stipends for Vice-Chairman and Chairman will remain the same. Ayes: Warren, Holland, and Durfee. Nays: Jaeckle and Gecker. On motion of Mr. Holland, seconded by Ms. Durfee, the Board removed the following items for Board discussion: Item 8.B.8, Acceptance of Open Space Easement on Property on County Line Road, Item 8.B.10., Approval of Revised Chesterfield County Airport Rules and Regulations and Item 8.B.14., Transfer Appropriations from County Other Capital Projects to the School Capital Improvement Fund for Maintenance Efforts at the Old Clover Hill High School Building. Ayes: Warren, Jaeckle, Holland, Durfee, and Gecker. Nays: None. 8.B.8. ACCEPTANCE OF OPEN SPACE EASEMENT ON PROPERTY ON COUNTY LINE ROAD In response to Mr. Gecker's question, Mr. Harmon stated the applicant has requested that the item move forward at this time. He further stated the easement has not been finalized, but is subject to approval by the County Attorney. Mr. Gecker made a motion, seconded by Ms. Durfee, for the Board to defer acceptance of an open space easement on property on County Line Road until July 27, 2011. Ayes: Warren, Jaeckle, Holland, Durfee, and Gecker. Nays: None. 11-391 06/15/11 8.B.10. APPROVAL OF REVISED CHESTERFIELD COUNTY AIRPORT RULES AND REGULATIONS Dr. Sheryl Bailey stated the revisions to the Chesterfield County Airport Rules and Regulations is an excellent example of collaboration amongst the Airport Advisory Board, the tenants, the aviation service providers and the Board of Supervisors. She further stated it has been a very thorough and inclusive process. She stated the revisions grant all of the requests from the tenants that were presented in August 2010 and have been approved by the FAA, the Virginia Department of Aviation and the County Attorney's Office. She recognized members of the Airport Advisory Board, who were present in the audience. Ms. Durfee expressed appreciation to Dr. Bailey, staff and to members of the Airport Advisory Board. Mr. Holland recognized Thomas Trudeau, Manager of the Chesterfield County Airport, who was present in the audience. On motion of Ms. Durfee, seconded by Mr. Holland, the Board approved and authorized publication of the revised Airport Rules and Regulations, effective July 1, 2011. Ayes: Warren, Jaeckle, Holland, Durfee, and Gecker. Nays: None. 8.B.14. TRANSFER APPROPRIATIONS FROM COUNTY OTHER CAPITAL PROJECTS TO THE SCHOOL CAPITAL IMPROVEMENT FUND FOR MAINTENANCE EFFORTS AT THE OLD CLOVER HILL HIGH SCHOOL BUILDING Mr. Gecker requested more time to review the proposed plan. Mr. Gecker made a motion, seconded by Ms. Board to defer the transfer of $9.0 million from the County Other Capital Projects School's Capital Improvement Fund for use HVAC system at the former Clover Hill Hig until July 27, 2011. Jaeckle, for the in appropriations category to the in replacing the h School building Ayes: Warren, Jaeckle, Holland, .Durfee, and Gecker. Nays: None. 9. REPORTS 9.A. REPORT ON DEVELOPER WATER AND SEWER CONTRACTS 9.B. REPORT ON STATUS OF GENERAL FUND BALANCE, RESERVE FOR FUTURE CAPITAL PROJECTS, DISTRICT IMPROVEMENT FUNDS AND LEASE PURCHASES On motion of Mr. Holland, seconded by Ms. Durfee, the Board accepted the following reports: a Report on Developer Water and Sewer Contracts, and a Report on Status of General Fund Balance, Reserve for Future Capital Projects, District Improvement Funds and Lease Purchases. Ayes: Warren, Jaeckle, Holland, Durfee, and Gecker. Nays: None. J J J 11-392 06/15/11 10. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED MATTERS 0 ~J There were no requests to address the Board at this time. 11. DINNER On motion of Mr. Holland, seconded by Ms. Durfee, the Board recessed to Room 303, for dinner. Ayes: Warren, Jaeckle, Holland, Durfee, and Gecker. Nays: None. 12. INVOCATION Reverend Jason L. Stickles of Trinity Assembly of God gave the invocation. 13. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Eagle Scout Andrew Robert Bosch led the Pledge of Allegiance to the Flag of the United States of America. 14. RESOLUTIONS 14.A. RECOGNIZING MR. LUIS RENDON ON HIS OUTSTANDING ATHLETIC AND ACADEMIC ACHIEVEMENTS 0 Mr. Kappel introduced Mr. Luis Rendon, the 2011 Gatorade National Boys Soccer Player of the Year, who was present to receive the resolution. On motion of Mr. Holland, seconded by Mr. Warren, the Board adopted the following resolution: WHEREAS, Luis Rendon is a Junior at Cosby High School in Chesterfield County, Virginia; and WHEREAS, he emigrated to the United States from Colombia at age 9 and earned his U.S. citizenship in February 2010; and WHEREAS, he is a forward on the Titans' Boys Soccer Team; and WHEREAS, Luis led the team to a 13-0 record and the Dominion District regular-season title entering the regular season finale; and WHEREAS, he scored 16 goals and passed for 13 assists through 12 games before sitting out the final two games of the regular season due to a minor injury; and WHEREAS, Luis holds the school record with 38 career goals entering post-season play; and 11-393 06/15/11 WHEREAS, he also recorded 37 assists in three varsity seasons, and is a 2009 U.S. Youth Soccer Olympic Development Program Winter Interregional All-Star; and WHEREAS, Luis also was a 2010 Group AAA Second Team All- state selectee, and is a member of the U.S. Soccer .Federation's Under-18 Men's National Team Player Pool; and WHEREAS, he has maintained a B+ academic average and has volunteered at Richmond's Lynmore Nursing Home, and with the U.S. Marine Corps' Toys for Tots Foundation and the U.S. Youth Soccer TOPSoccer program for young athletes with disabilities, along with working as a youth soccer coach; and WHEREAS, Luis has recently been selected as the Gatorade National Boys Soccer Player of the Year, thereby becoming the first Virginia soccer player and the first Junior ever to win this prestigious national award; and WHEREAS, he was selected from a pool of 51 outstanding athletes, one from each state and the District of Columbia; and WHEREAS, Luis has given a verbal commitment to Duke University to attend that institution in the fall of 2012. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 15th day of June 2011, publicly recognizes the outstanding accomplishments of Mr. Luis Rendon, congratulates him on his selection as the 2011 Gatorade National Boys Soccer Player of the Year, and extends best wishes for continued academic and athletic success. AND, BE IT FURTHER RESOLVED that a copy of this resolution be presented to Mr. Rendon and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Ayes: Warren, Jaeckle, Holland, Durfee, and Gecker. Nays: None. Ms. Durfee presented the executed resolution to Mr. Rendon and congratulated him on his outstanding accomplishments. Mr. Mike Anderson, Head Boys Soccer Coach, stated he was honored to coach such a talented and humbled young man. Mr. Ted Salmon, Director of Student Activities, stated Luis is a very serious, dedicated student and player. Mr. Holland expressed appreciation for Mr. Rendon's hard work and congratulated him on his achievements. Mrs. Rendon, Luis' mother, stated she is very proud of her son's success. Mr. Rendon expressed appreciation to the Board of Supervisors, his teammates, coaches and family for all their support. Ms. Durfee extended her best wishes for continued success in the future. J J J 11-394 06/15/11 14.B. RECOGNIZING BOY SCOUTS UPON ATTAINING THE RANK OF EAGLE SCOUT Mr. Kappel introduced Mr. Andrew Robert Bosch, Mr. John Patrick Crean, Mr. Gregory Mason Heckel, Mr. Matthew Scott McTague, Mr. Shane Myers Halloran and Mr. Nathanial Josiah Van Gundy, who were all present to receive their resolutions. C On motion of Mr. Holland, seconded by Mr. Gecker, 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 their community, being active in the troop, demonstrating Scout spirit, and living up to the Scout Oath and Law, Mr. Andrew Robert Bosch, Mr. John Patrick Crean., Mr. Gregory Mason Heckel, Mr. Matthew Scott McTague and Mr. Stephen Robert Amorino, all of Troop 800, sponsored by Mount Pisgah United Methodist Church, Mr. Shane Myers Halloran, Troop 2874, sponsored by Saint Luke's United Methodist Church, and Mr. Nathanial Josiah Van Gundy, Troop 2826, sponsored by the Church of Jesus Christ of Latter Day Saints, 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 very proud. 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, Andrew, Patrick, Greg, Matthew, Stephen, Shane and Nathan have distinguished themselves as members of a new generation of prepared young citizens of whom we can all be NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 15th day of June 2011, hereby extends its congratulations to Mr. Andrew Robert Bosch, Mr. John Patrick Crean, Mr. Gregory Mason Heckel, Mr. Matthew Scott McTague, Mr. Stephen Robert Amorino, Mr. Shane Myers Halloran and Mr. Nathanial Josiah Van Gundy and acknowledges the good fortune of the county to have such outstanding young men as its citizens. Ayes: Warren, Jaeckle, Holland, Durfee, and Gecker. Nays: None. Mr. Warren presented the executed resolutions and patches to the Eagle Scouts and congratulated them on their achievements. 11-395 06/15/11 Each Eagle Scout, accompanied by their families, explained the nature of their projects. (It is also noted Mr. Stephen Robert Amorino was unable to attend the meeting and his resolution will be forwarded to him . ) 15. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED MATTERS Ms. Jeannie Wilson addressed the Board relative to enforcement of the backflow prevention ordinance and the requirement for annual irrigation system inspections. Mr. James Shelton addressed the Board relative to bus transportation in the county. Mr. Chuck Gates addressed the Board relative to the regional transportation priority list. In response to Ms. Wilson's concerns, Mr. Covington stated the law has been in effect for the requirement of annual testing of backflow prevention devices for many years. He further stated in the last couple of years, tools have been created to effectively implement the enforcement of annual backflow testing. He stated his department has sent out 10,000 postcard reminders to citizens to have their backflow prevention devices tested and are monitoring the responses. In response to Mr. Warren's question regarding the reason for testing, Mr. Covington stated it is a low-risk situation with a high consequence in terms of public health. In response to Mr. Stegmaier's question regarding the .risk if one's device is not working properly, Mr. Covington stated each device is a part of a water distribution system which protects users from chemicals or other harmful substances that can ultimately contaminate the public water system and the home plumbing system. He further stated backflow prevention devices are required at irrigation locations to filter out pesticides and herbicides that can do harm to public health. In response to Ms. Durfee's question, Mr. Covington stated it is a law within the Department of Health and Waterworks regulations. Ms. Durfee expressed concerns regarding protection of citizens in terms of costs of backflow testing. She stated the county needs to inform citizens and provide referrals of companies that provide the service. Mr. Covington stated the Utilities Department has utilized multiple ways to communicate information to the public. He further stated postcards are directly mailed to customers. He stated when a customer inquires about a companion meter, specific guidelines are given on what exactly is required. He further stated the cost to test backflow is anywhere from $35-$125. He stated there is a list available to the public of seventy contractors who are certified within the county to test irrigation systems. J J J 11-396 06/15/11 Ms. Durfee expressed concerns regarding the requirement of having irrigation systems tested on a yearly basis. C ^i Mr. Covington stated implementation of the program was not an easy choice; however, it is a state mandate to provide a first choice water supply to Chesterfield residents. Ms. Durfee stated since it is a state mandate, funds are not made available to residents. In response to Mr. Warren's questions regarding testing, Mr. Covington stated an annual basis is a little excessive; however, hundreds of devices have been discovered that were not working properly. 16. REQUESTS FOR MANUFACTURED HOME PERMITS AND REZONING PLACED ON THE'CONSENT AGENDA TO BE HEARD IN THE FOLLOWING ORDER: - WITHDRAWALS/DEFERRALS - CASES WHERE THE APPLICANT ACCEPTS THE RECOMMENDATION AND THERE IS NO THE RECOMMENDATION AND/OR THERE IS PUBLIC OPPOSITION WILL BE HEARD AT SECTION 18 OPPOSITION - CASES WHERE THE APPLICANT DOES NOT ACCEPT ~~eNn~n~ In Bermuda Magisterial- District, Roger Habeck requests conditional use approval and amendment of zoning district map to permit a pawnbroker on .3 acre of a 5.1 acre tract located in a General Business (C-5) District located at the northeast corner of Reymet Road and Jefferson Davis Highway, Density will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for regional mixed use. Tax ID 794-667-7397. Mr. Turner presented a summary of Case 11SN0201 and stated both the Planning Commission and staff recommended approval. The applicant, Roger Habeck, accepted the recommendation. Mr. Warren called for public comment. There being no one to address the request, the public hearing was closed. Ms. Jaeckle made a motion, seconded by Ms. Durfee, for the Board to approve Case 11SN0201, and accept the following proffered conditions: 1. This conditional use approval shall be granted to and for 2nd Chance Exchange and Gold, LLC only for so long as Bobby R. Ratcliff, Jr. or Patricia Ann Ratcliff remain the managing partners of 2nd Chance Exchange and Gold, LLC. This conditional use approval shall not be transferable nor run with the land. 2 3 This conditional use approval shall be for the operation of a pawnbroker business only. (P) Hours of operation shall be limited to between 8:00 a.m. and 6:00 p.m., Monday through Saturday. There 11-397 06/15/11 shall be no Sunday operation permitted for this use. (P) 4. There shall be no gun sales to the general public permitted relative to this use. (P) Ayes: Warren, Jaeckle, Holland, Durfee, and Gecker. Nays: None. 115N0195 In Clover Hill Magisterial District, JNB Company of VA, LLC requests conditional use approval and amendment of zoning district map to permit motor vehicle rental in a Community Business (C-3) District on 8.8 acres located in the northeast corner of Hull Street Road and Duckridge Boulevard. Density will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for community mixed use. Tax ID 722-672-9604. Mr. Turner presented a summary of Case 11SN0195 and stated both the Planning Commission and staff recommended approval and acceptance of the proffered conditions. Mr. Aaron Breed, representing the applicant, accepted the recommendation. Mr. Warren called for public comment. Mr. Jerry Stroud, representing the Lakepointe Board of Directors, expressed concerns regarding the upkeep of the property, the irrigation system and traffic safety. Mr. Breed stated the company believes it is impractical to have off-site car washing and has operated with the use of a car wash at other locations. He further stated the applicant has hired a landscaping company to cut the grass on the property every 35-40 days. He stated vacancy in the shopping center is a sign of the economy. In response to Mr. Warren's question regarding the stop sign, Mr. Breed stated a white strip was painted, the sign was moved to become more visible and another sign was placed before the initial sign to alert drivers. In response to Ms. Durfee's question regarding resolved issues by the applicant, Mr. Stroud stated the irrigation system has only been turned on twice to his knowledge. He expressed concerns regarding frequent and continued maintenance of the applicant's lawn. In response to Mr. Holland's question, Mr. Breed stated he was unsure when the landscaping company was hired. In response to Mr. Warren's question, Mr. Turner stated this request is limited to a portion of the overall tract and does not include the area of the berm. He further stated an off- site condition cannot be imposed. In response to Mr. Warren's question, Mr. Dupler stated there is an ordinance that states if a property owner's grass exceeds 12-14 inches in height, it is required to be cut. He J J J 11-398 06/15/11 further stated if the grass is not cut, the county will hire a contractor to cut the grass and the property owner will receive a bill. 0 Mr. warren stated the applicant has been willing to cut the lawn numerous times. There being no one else to address the request, the public hearing was closed. Mr. Warren made a motion, seconded by Mr. Holland, for the Board to approve Case 11SN0195, and accept the following proffered conditions: 1. There shall be no sales or service associated with the requested Motor Vehicle Rental use. (P) 2. The number of storage spaces shall be limited to no more than 25, located as generally shown on the attached sketch entitled Exhibit 1, dated February 4, 2011 and prepared by Balzer and Associates, Inc. (P) 3. Any motor vehicle wash area associated with this use will drain through an oil-grit separator prior to entering the sanitary sewer system. (EE) 4. Prior to any motor vehicle washing operations associated with the motor vehicle rental use, a plan depicting the requirements of Proffered Condition 3 shall be submitted to the County for review and approval. In addition, prior to any vehicle washing the oil-grit separator associated with the motor vehicle wash shall be installed and functional, as determined by Chesterfield County. (EE) 5. The property owner(s) shall be responsible for the monthly inspection of the oil-grit separator associated with the motor vehicle wash. These inspection results, which shall be submitted to the Environmental Engineering Department, shall indicate the existing debris level relative to the maximum storage level for the separator. Prior to exceeding this maximum storage level, the property owners shall submit evidence to the Environmental Engineering Department that the oil-grit separator has been cleaned out. (EE) Ayes: Warren, Jaeckle, Holland, Durfee, and Gecker. Nays: None. i~eNn~nn In Bermuda Magisterial District, Chesterfield County Board of Supervisors propose conditional use planned development approval and amendment of zoning district map to permit a metal detector sales and service use in a Residential (R-7 District on .7 acre known as 2407 Sherbourne Road. Density will be controlled by zoning conditions or Ordinance standards. The Comprehensive plan suggests the property is appropriate for residential use of 2.51-4 units/acre. Tax ID 791-683-9614. 11-399 06/15/11 Mr. Robert Clay presented a summary of Case 11SN0200 and stated the Planning Commission recommended approval subject to the conditions. He further stated that staff recommended denial because the proposal does not conform to the Jefferson Davis Corridor Plan, which suggests the property is appropriate for residential use of 2.51-4 units/acre and the proposal is not representative of, or compatible with, existing area development. Mr. and Mrs. Wayne Aldridge, the applicants, accepted the conditions. Mr. Aldridge stated residents in his neighborhood have signed a petition in support of the request. Mr. Warren called for public comment. Mr. Ray Grubbs spoke in favor of the request. Ms. Antoinette Winters recommended approval of the case. There being no one to address the request, the public hearing was closed. Ms. Jaeckle made a motion, seconded by Mr. Holland, for the Board to approve Case 11SN0200, subject to the following conditions: 1. This conditional use planned development approval shall be granted to and for Wayne Aldridge only and shall not be transferrable to run with the land. (P) 2. This conditional use planned development approval shall be granted to allow the sale and servicing of metal detection devices only. (P) 3. This use shall be limited to the existing improvements on the property. Other than cosmetic improvements there shall be no additions or modifications to the existing structures to accommodate this use. (P) 4. There shall be no signs permitted to identify this use. (P) Ayes: Warren, Jaeckle, Holland, Durfee, and Gecker. Nays: None. 17. PUBLIC HEARINGS 17.A. TO CONSIDER ADOPTION OF AN ORDINANCE REVISING THE SPECIAL ASSESSMENT ON THE PROPERTY WITHIN THE CHIPPENHAM PLACE COMMUNITY DEVELOPMENT AUTHORITY DISTRICT (CLOVERLEAF MALL SITE) AND APPROVAL OF THE THIRD AMENDMENT TO THE SALE CONTRACT WITH CROSLAND, LLC FOR CLOVERLEAF MALL Mr. Dupler stated this date and time has been advertised for a public hearing for the Board to consider adoption of an ordinance revising the special assessment on the property within the Chippenham Place Community Development Authority District (Cloverleaf Mall Site) and approval of the third amendment to the sale contract with Crosland, LLC for Cloverleaf Mall. J J J 11-400 06/15/11 Mr. Peter Pappas, representing Crosland, LLC, expressed appreciation to Mr. Stegmaier, the Board, Mr. Jacobson, and to Mr. Mincks and Ms. McGee for driving the process. He stated closing on the initial land purchase and issuance of the first series of bonds is scheduled to occur in late summer with demolition and construction activities to follow shortly thereafter. 0 Mr. Warren called for public comment. There being no one to speak to the issue, the public hearing was closed. Mr. Gecker expressed appreciation to Mr. Pappas for following through with the project in an uncertain economy. Mr. Gecker made a motion, seconded by Ms. Durfee, for the Board to adopt the following ordinance revising the special assessment on the property within the Chippenham Place Community Development Authority District (Cloverleaf Mall Site) . ORDINANCE REVISING A SPECIAL ASSESSMENT FOR THE CHIPPENHAM PLACE COMMUNITY DEVELOPMENT AUTHORITY REGARDING THE FINANCING OF CERTAIN INFRASTRUCTURE 0 0 WHEREAS, the Board of Supervisors (the "Board") of the County of Chesterfield, Virginia (the "County") created the Chippenham Place Community Development Authority (the "CDA") by Ordinance enacted June 25, 2008 (the "Ordinance"); and, WHEREAS, the CDA has requested that the Board establish a special assessment on property within the CDA District; and, WHEREAS, the Board proposes to set forth certain agreements with the CDA and Stonebridge Realty Holdings, LLC, a Delaware limited liability company, as contract purchaser and developer of the land within the CDA (the "Developer") pursuant to a Memorandum of Understanding among the County, the Developer, and the CDA (the "Memorandum of Understanding"); and, WHEREAS, the CDA proposes "Bonds") to finance certain benefiting the CDA District; and to issue its bonds (the infrastructure improvements WHEREAS, the establishment of a special assessment on property within the CDA District and the actions contemplated by the Memorandum of Understanding will benefit the citizens of the County by promoting increased employment opportunities, a strengthened economic base and increased tax revenues and additional business opportunities. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF CHESTERFIELD, VIRGINIA: 1. Approval of Memorandum of Understanding. The Memorandum of Understanding is approved in substantially the form presented to the Board at this meeting, with such changes and corrections (including, without limitation, changes in the date thereof) that do not materially adversely affect the County's interests as may be approved by the County Administrator or the Chairman of the Board of 11-401 06/15/11 Supervisors, whose approval shall be ev by the execution and delivery of Understanding. The County Administrator the Board of Supervisors, or either of and directed to execute and deliver Understanding. idenced conclusively the Memorandum of and the Chairman of them, is authorized the Memorandum of 2. Special Assessment. By agreement between the Developer and the Board pursuant to the Memorandum of Understanding, special assessments to pay the costs of public improvements to benefit property within the CDA District are hereby established and apportioned in accordance with the Rate and Method of Apportionment of Special Assessments ("RMA") in substantially the form presented to the Board at this meeting. The CDA Board is authorized to approve or to provide for the approval of a Special Assessment Roll allocating the special assessment among the tax parcels within the CDA District in accordance with the RMA as such tax parcels exist as of the date of recordation of the RMA in the land records of the County. The CDA shall cause notice of the special assessments to be reported to the County's Treasurer or other County official responsible for the collection of taxes. The special assessments shall be liens on the taxable real property in the CDA District in accordance with the provisions of Virginia Code Sections 15.2-2404 et seq. 3. Subsequent Resolution. The Board may, by subsequent resolution, make such additional changes or amendments to the Memorandum of Understanding as it determines to be necessary or appropriate. 4. Severability. If any part, section, clause or phrase of this Ordinance, or any individual assessment levied hereby, is declared to be unconstitutional or invalid for any reason, such decision shall not affect the validity of any other portion hereof or assessment hereunder. 5. Effective Date. This Ordinance shall be effective immediately. And, further, the Board approved the third amendment to the sale contract with Crosland, LLC for Cloverleaf Mall. Ayes: Warren, Jaeckle, Holland, Durfee, and Gecker. Nays: None. 17.B. TO CONSIDER THE FY2012 SECONDARY ROAD IMPROVEMENT BUDGET Mr. Dupler stated this date and time has been advertised for a public hearing for the Board to consider the FY2012 Secondary Road Improvement Budget. Mr. Warren called for public comment. There being no one to speak to the issue, the public hearing was closed. Ms. Durfee made a motion, seconded by Mr. Holland, for the Board to adopt the attached resolution approving VDOT's proposed FY2012 Secondary Road Improvement Budget: J J J 11-402 06/15/11 WHEREAS, the Virginia Department of Transportation (VDOT) has submitted its proposed FY2012 Secondary Road Improvement Budget to the county; and 0 WHEREAS, the FY2012 budget represents the implementation of the second year of VDOT's Six-Year Improvement Plan adopted by the Board in June 2010. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors approves the FY2012 Secondary Road Improvement Budget as presented by VDOT. Ayes: Warren, Jaeckle, Holland, Durfee, and Gecker. Nays: None. 17.C. TO CONSIDER THE EXERCISE OF EMINENT DOMAIN FOR THE ACQUISITION OF EASEMENTS FOR THE HOPKINS ROAD WATER LINE REPLACEMENT PROJECT FROM CENTRALIA ROAD TO ROUTE 288 0 ^~ Mr. Harmon stated this date and time has been advertised for a public hearing for the Board to consider the exercise of eminent domain for the acquisition of easements for the Hopkins Road Water Line Replacement Project from Centralia Road to Route 288. Mr. Warren called for public comment. There being no one to speak to the issue, the public hearing was closed. On motion of Mr. Holland, seconded by Mr. Warren, the Board authorized the County Attorney to proceed with eminent domain for the acquisition of 16' and variable width permanent water and 10' and variable width temporary construction easements across the following properties for the Hopkins Road Water Line Replacement Project from Centralia Road to Route 288: 4626 Centralia Road and 10111 Hopkins Road, Mark C. Willis, Jr., and Frances A. Willis; 9536 Hopkins Road, Albert J. Nunnally, III and Kimberly W. Nunnally. And, further, the Board authorized staff to enter and take such easements prior to eminent domain proceedings. Ayes: Warren, Jaeckle, Holland, Durfee, and Gecker. Nays: None. 18. REMAINING MANUFACTURED HOME PERMITS AND ZONING REQUESTS There were no remaining manufactured home permits and zoning requests. 19. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED MATTERS There were no requests to address the Board at this time. ,! 11-403 06/15/11 20. ADJOURNMENT On motion of Ms. Durfee, seconded by Mr. Holland, the Board adjourned at 7:56 p.m. until July 27, 2011 at 3:00 p.m. Ayes: Warren, Jaeckle, Holland, Durfee and Gecker. Nays: None. J Arthur S. Warren Chairman J J 11-404 06/15/11