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2013-01-09 MinutesBOARD OF SUPERVISORS MINUTES January 9, 2013 Supervisors in Attendance: Staff in Attendance: Ms. Dorothy A. Jaeckle, Chairman Mr. Mike Bacile, Dir., Mr Ste he A . p n . Elswick, Vice Chrm. Purchasing Mr. Arthur S. Warren Dr. Sheryl Bailey, Dep. Mr. James M. Holland 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 Mr. Kevin Bruny, Chief Learning Officer Mr. Allan Carmody, Dir., Budget and Management Ms. Jana Carter, Dir., Juvenile Services Mr. Roy Covington, Dir., Utilities Mr. Will Davis, Dir., Economic Development Mr. William Dupler, Dep. County Administrator, Community Development Colonel Thierry Dupuis, ~r-' Police Department Mr. Robert Eanes, Asst. to the County Administrator Mr. Michael Golden, Dir., Parks and Recreation Mr. Donald Kappel, Dir., Public Affairs Mr. Rob Key, Director, General Services Mr. Louis Lassiter, Asst. County Administrator Mr. Richard M. McElfish, Dir., Env. Engineering Mr. Jeffrey L. Mincks, County Attorney Chief Edward L. Senter, Fire Department Ms. Marsha Sharpe, Dir., Social Services 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 13-1 01/09/13 Mr. Stegmaier called the regularly scheduled meeting to order at 3:00 p.m. 1. 1.A. ORGANIZATIONAL MEETING ELECTION OF CHAIRMAN AND VICE CHAIRMAN Mr. Stegmaier stated the first order of business would be the election of Chairman. He then opened the floor for nominations. Mr. Gecker nominated Ms. Jaeckle to serve as Chairman for 2013. Mr. Gecker made a motion, seconded by Mr. Elswick, for the Board to close nominations. Ayes: Jaeckle, Elswick, Warren, Holland and Gecker. Nays: None. The vote on election of Ms. Jaeckle as Chairman of the Board of Supervisors for 2013 was as follows: Ayes: Jaeckle, Elswick, Warren, Holland and Gecker. Nays: None. Mr. Stegmaier congratulated Ms. Jaeckle on being elected as Chairman for 2013. Ms. Jaeckle expressed her appreciation to members of the Board and noted they are dedicated individuals who care for Chesterfield County as a whole. She stated the county has weathered some tough years in the past. She further stated she is very confident that the Board is up to facing challenges that may arise in the future. She stated she looks forward to working with members of the School Board to make sure Chesterfield County teachers obtain the Governor's raise. Ms. Jaeckle nominated Mr. Elswick to serve as Vice Chairman for 2013. The vote on election of Mr. Elswick as Vice Chairman of the Board of Supervisors for 2013 was as follows: Ayes: Jaeckle, Elswick, Warren, Holland and Gecker. Nays: None. Mr. Mincks confirmed that there were no additional nominations for Vice Chairman. l.B. ADOPTION OF PROCEDURES OF THE BOARD OF SUPERVISORS GOVERNING MEETINGS IN 2013 On motion of Mr. Gecker, seconded by Mr. Warren, the Board adopted the Procedures of the Board of Supervisors Governing Meetings in 2013, as submitted. (It is noted a copy of the 2013 Procedures of the Board of Supervisors, as submitted, is filed with the papers of this Board.) Ayes: Jaeckle, Elswick, Warren, Holland and Gecker. Nays: None. J J J 13-2 01/09/13 1.C. SETTING OF REGULAR MEETING DATES FOR 2013 On motion of Mr. Gecker, seconded by Mr. Holland, the Board adopted the regular meeting date schedule for 2013, as follows: Wednesday, January 9, 2013 at 3:00 p.m. Wednesday, January 23, 2013 at 3:00 p.m. Wednesday, February 6, 2013 at 3:00 p.m. Wednesday, February 27, 2013 at 3:00 p.m. Monday, March 11, 2013 at 6:00 p.m. Wednesday, March 13, 2013 at 3:00 p.m. Wednesday, March 20, 2013 at 3:00 p.m. Wednesday, April 10, 2013 at 3:00 p.m. Wednesday, April 24, 2013 at 3:00 p.m. Wednesday, May 22, 2013 at 3:00 p.m. Wednesday, June 26, 2013 at 3:00 p.m. Wednesday, July 17, 2013 at 3:00 p.m. Wednesday, August 28, 2013 at 3:00 p.m. Wednesday, September 18, 2013 at 3:00 p.m. Wednesday, October 9, 2013 at 3:00 p.m. Wednesday, October 23, 2013 at 3:00 p.m. Wednesday, November 13, 2013 at 3:00 p.m. Wednesday, November 20, 2013 at 3:00 p.m. Wednesday, December 11, 2013 at 3:00 p.m. Special Meeting Dates for 2013 Special Budget Work Session - Monday, March 11, 2013 at 6:00 p.m. Budget Public Hearing - March 20, 2013 at 6:30 p.m. Ayes: Jaeckle, Elswick, Warren, Holland and Gecker. Nays: None. l.D. CONSIDERATION OF BOARD APPOINTMENTS On motion of Mr. Holland, seconded by Mr. Warren, the Board suspended its rules to allow simultaneous nomination/appointment/reappointment of members to serve of various committees/boards. Ayes: Jaeckle, Elswick, Warren, Holland and Gecker. Nays: None. 13-3 01/09/13 0 (CRATER MPO) TRI-CITIES AREA METROPOLITAN PLANNING ORGANIZATION On motion of Mr. warren, seconded by Mr. Holland, the Board simultaneously nominated/reappointed the following members to serve on the Tri-Cities Area Metropolitan Planning Organization (Crater MPO), whose terms are effective immediately and will expire December 31, 2013: Name District Ms. Dorothy Jaeckle Bermuda Ms. Barbara Smith (alternate) Ayes: Jaeckle, Elswick, Warren, Holland and Gecker. Nays: None. 0 VIRGINIA'S GATEWAY REGION BOARD On motion of Mr. Warren, seconded by Mr. Holland, the Board simultaneously nominated/appointed Mr. Stephen Elswick to serve on the Virginia Gateway Region Board, whose term is effective immediately and expires December 31, 2013. Ayes: Jaeckle, Elswick, Warren, Holland and Gecker. Nays: None. Ms. Jaeckle made the following Chairman's appointments: BUDGET AND AUDIT COMMITTEE Mr. Daniel Gecker and Mr. James Holland (Unspecified Term) COUNTY EMPLOYEE BENEFITS COMMITTEE Mr. Daniel Gecker and Ms. Dorothy Jaeckle (Unspecified Term) JOINT COUNTY/SCHOOL BOARD LIAISON COMMITTEE Mr. Stephen Elswick and Ms. Dorothy Jaeckle (Unspecified Term) 3. COUNTY ADMINISTRATOR'S COMMENTS 3.A. COUNTY ADMINISTRATOR'S REPORT The Board observed a moment of silence in memory of retired employee Barbara Fassett and her daughter, who recently lost their lives tragically. • Mr. Stegmaier stated staff looks forward to working with the Board this year. He further stated 2012 was a great year for the county with the opening of Amazon, Kroger at Stonebridge, Uptown Alley and the Aquatics Center, coupled with other economic development successes. He noted the county won its 6th America's Promise Award, received li NACo awards and 1 VACo award, adopted a new Comprehensive Plan and maintained AAA bond ratings and other financial benchmarks, as well as many other accomplishments. J J J 13-4 01/09/13 • Mr. Stegmaier announced that due to recent rainfall events within the Appomattox River drainage basin, water levels in Lake Chesdin have fully recovered and water is now flowing over the dam. He stated ARWA and its member jurisdictions lifted mandatory water restrictions on January 3, 2013. He further stated water levels remain low in Swift Creek Reservoir, but this is a time of low water usage. 3.B. PETERSBURG AREA REGIONAL TOURISM CORPORATION (PART) UPDATE Ms. Martha Burton, Director of Tourism for Petersburg Area Regional Tourism (PART), provided the Board with an update regarding the activities of PART and the economic impact of tourism in the region. Ms. Burton was accompanied by Mr. Denny Morris, Executive Director of the Crater Planning District Commission and Ms. Joanne Williams, President of Williams Media. In response to Mr. Warren's question regarding the upcoming "Walk in Lincoln's Final Footsteps," Ms. Burton stated the sites are easily accessed by automobile. Ms. Jaeckle commended the speakers who were a part of the presentation entitled "Bringing History to Life on Film," which was held by the Richmond Forum on Saturday, January 5th 4. BOARD MEMBER REPORTS There were no Board Member Reports at this time. 5. REQUESTS TO POSTPONE AGENDA ITEMS AND ADDITIONS, DELETIONS OR CHANGES IN THE ORDER OF PRESENTATION On motion of Mr. Elswick, seconded by Mr. Warren, the Board replaced Item 9.C.3., Award of Contract for Maintenance and Repairs at the Bensley and Rivers Bend Fire and Emergency Medical Services Stations; moved Item 9.C.l.d., Resolution Recognizing The Honorable Daniel A. Gecker as 2012 Chairman of the Board of Supervisors, to follow the Consent Items; and adopted the agenda, as amended. Ayes: Jaeckle, Elswick, Warren, Holland and Gecker. Nays: None. 6. RESOLUTIONS There were no Resolutions at this time. 7. WORK SESSIONS There were no Work Sessions at this time. 13-5 01/09/13 8. DEFERRED ITEMS There were no Deferred Items at this time. 9. NEW BUSINESS 9.A. APPOINTMENTS On motion of Mr. Holland, seconded by Mr. Elswick, the Board suspended its rules at this time to allow for simultaneous nomination/appointment/reappointment to the Community Criminal Justice Board, Youth Services Board, Central Virginia waste Management Authority and Personnel Appeals Board. Ayes: Jaeckle, Elswick, Warren, Holland and Gecker. Nays: None. 9.A.1. COMMUNITY CRIMINAL JUSTICE BOARD On motion of Mr. Holland, seconded by Mr. Warren, the Board simultaneously nominated/appointed Mr. Daniel J. Holser, Chief Magistrate 11th and 12th Judicial Districts, to serve on the Community Criminal Justice Board, whose term is effective immediately and will expire on June 30, 2013. Ayes: Jaeckle, Elswick, Warren, Holland and Gecker. Nays: None. 9.A.2. YOUTH SERVICES CITIZEN BOARD On motion of Mr. Elswick, seconded by Mr. Warren, the Board simultaneously nominated/appointed Ms. Michelle McQueen, adult representative of the Clover Hill District, and Ms. Arleen Rienhardt, adult representative of the Matoaca District, to serve on the Youth Services Board, whose terms will be effective February 1, 2013 and will expire June 30, 2015. Ayes: Jaeckle, Elswick, Warren, Holland and Gecker. Nays: None. 9.A.3. CENTRAL VIRGINIA WASTE MANAGEMENT AUTHORITY On motion of Mr. Holland, seconded by Mr. Gecker, the Board simultaneously nominated/reappointed Ms. Marcia Phillips, Mr. Charles Dane (alternate), Mr. Robert C. Key and Dr. Sheryl Bailey (alternate) to serve on the Central Virginia Waste Management Authority, whose terms are effective immediately and will expire December 31, 2016. Ayes: Jaeckle, Elswick, Warren, Holland and Gecker. Nays: None. 13-6 01/09/13 9.A.4. PERSONNEL APPEALS BOARD On motion of Mr. Elswick, seconded by Mr. Gecker, the Board simultaneously nominated/appointed Ms. Tracy Kemp Stallings to serve on the Personnel Appeals Board, whose term is effective immediately and will expire December 31, 2015. Ayes: Jaeckle, Elswick, Warren, Holland and Gecker. Nays: None. 9.B. STREETLIGHT COST APPROVAL On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board approved the following streetlight installation: Bermuda District • In the River Walk at Rivermont subdivision, in the cul- de-sac of South Hackberry Road. Cost to install streetlight: $3,007.89 Ayes: Jaeckle, Elswick, Warren, Holland and Gecker. Nays: None. 9.C. CONSENT ITEMS 9.C.1. ADOPTION OF RESOLUTIONS 9.C.l.a. RECOGNIZING FIREFIGHTER STEWART RINGWOOD, JR., FIRE AND EMERGENCY MEDICAL SERVICES DEPARTMENT, UPON HIS RETIREMENT On motion of Mr. Warren, seconded by Mr. Gecker, the Board adopted the following resolution: WHEREAS, Firefighter Stewart H. Ringwood, Jr. retired from the Chesterfield Fire and Emergency Medical Services Department, Chesterfield County, on January 1, 2013; and WHEREAS, Firefighter Ringwood attended Recruit School #15, graduating in October 1984, and has faithfully served the county for more than 28 years in various assignments as a firefighter at the Chester, Manchester, Midlothian, Clover Hill, Wagstaff Circle, Ettrick and Airport Fire and EMS Stations; and WHEREAS, Firefighter Ringwood was an integral member of the Chesterfield Fire and Emergency Medical Services Hazardous Materials Incident Team whereby he assisted in the successful mitigation of several incidents, including a fuming acid leak at Industrial Chemical Company and an anhydrous ammonia leak at Richmond Cold Storage; and WHEREAS, Firefighter Ringwood was recognized as a qualified firefighter specialist in July 2004 under the Career Development Program and obtained advanced life support certifications as a cardiac technician in June 2007 and a paramedic in August 2008; and 13-7 01/09/13 WHEREAS, Firefighter Ringwood was recognized with an EMS Unit Citation and EMS Lifesave Award for his actions at a single-vehicle accident involving multiple critical patients on Beach Road in September 2000, where his display of teamwork and delivery of patient care while facing overwhelming odds on that day was exemplary; and WHEREAS, Firefighter Ringwood's exceptional actions resulted in the prevention of a fire from spreading, that had already involved several homes on Saint Cecelia Drive in March 2002; and WHEREAS, Firefighter Ringwood was recognized with EMS Unit Citations for his actions when a motor vehicle hit a tree resulting in an ejection of one patient and entrapment of other patients on Coghill Road in February 2005, and for his actions when a motor vehicle overturned in February 2006, resulting in three trapped patients being successfully extricated; and NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes the contributions of Firefighter Stewart H. Ringwood, Jr., expresses the appreciation of all residents for his service to the county, and extends appreciation for his dedicated service and congratulations upon his retirement. Ayes: Jaeckle, Elswick, Warren, Holland and Gecker. Nays: None. 9.C.l.b. SUPPORTING THE INSTALLATION OF SIGNS ADVISING OF AN II SPEED LIMIT ON BAYVIEW DRIVE ADDITIONAL MAXIMUM FINE FOR EXCEEDING THE POSTED On motion of Mr. Warren, seconded by Mr. Gecker, the Board adopted the following resolution: WHEREAS, the Chesterfield County Board of Supervisors has received a request from residents on Bayview Drive to install signs on Bayview Drive (Route 2357) indicating a maximum additional fine for speeding of $200, in addition to other penalties provided by law; and WHEREAS, Bayview Drive is a local residential street with a posted speed limit of 25 mph; and WHEREAS, the Virginia Department of Transportation collected speed data on Bayview Drive indicating that the 85th percentile speed of vehicles was over 30 miles per hour, and that a speeding problem exists; and WHEREAS, a Petition supporting the additional fine and signed by 870 of the households on Bayview Drive indicates that the additional fine has the support of the community. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors requests the Virginia Department of Transportation to install signs advising of an additional maximum $200 fine for exceeding the posted speed limit on Bayview Drive. Ayes: Jaeckle, Elswick, Warren, Holland and Gecker. Nays: None. J 13-8 01/09/13 9.C.l.c. APPROVING THE FINANCING PLAN FOR RICHMOND INTERNATIONAL AIRPORT EXPANSION, MODERNIZATION AND RENOVATION On motion of Mr. Warren, seconded by Mr. Gecker, the Board adopted the following resolution: RESOLUTION OF THE BOARD OF SUPERVISORS OF CHESTERFIELD COUNTY APPROVING THE PLAN OF FINANCING FOR THE CAPITAL REGION AIRPORT COMMISSION FOR THE PURPOSE OF FINANCING OR REFINANCING IMPROVEMENTS AND EXTENSIONS AT THE RICHMOND INTERNATIONAL AIRPORT WHEREAS, the Capital Region Airport Commission was created pursuant to the provisions of Chapter 380 of the Acts of Assembly of 1980, as amended (the "Enabling Act"), and owns and operates the Richmond International Airport (the "Airport"); and WHEREAS, in order to expand its facilities due to increasing passenger and cargo demand, the Commission desires to undertake any or all of the improvements, enlargements or replacements at the Airport (the "Project") and issue its bonds, notes or other obligations (the "Obligations") pursuant to a plan of financing, all as set forth in Exhibit A below; and WHEREAS, the Enabling Act requires that the governing body of each participating political subdivision of the Commission approve the maximum amount and general purposes of the issuance of indebtedness by the Commission; and WHEREAS, Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Code"), provides that, following a public hearing, the plan of financing for the issuance of exempt facilities bonds or notes be approved by certain elected public bodies in respect of the issuer of such bonds or notes; WHEREAS, the plan of financing for the issuance of the Obligations for the Project was the subject of a public hearing by the Commission on November 27, 2012, in accordance with the provisions of Section 147 (f) of the Code; and WHEREAS, the Commission has requested that the Board of Supervisors of the County of Chesterfield, Virginia (the "County") approve the plan of financing for the issuance of the Obligations to finance or refinance any or all parts of the Project and their maximum amount, as required by the Enabling Act and to the extent required by the Code; and WHEREAS, it is in the best interests of the County to approve the Commission's plan of financing as set forth in Exhibit A. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF CHESTERFIELD, VIRGINIA: 1. The Board hereby approves the issuance of the Obligations by the Commission pursuant to the plan of financing for the Project, all as described in Exhibit A, and 13-9 01/09/13 the general purposes thereof for the financing or refinancing of the Project, as required by the Enabling Act and to the extent required by Section 147(f) of the Code. 2. The approval of the plan of financing for the issuance of the Obligations does not constitute an endorsement to prospective purchasers of the Obligations of the creditworthiness of the Project, the Airport or the Commission. As set forth in the plan of financing, the Obligations shall provide that neither the County nor the Commission shall be obligated to pay the Obligations or the interest thereon or other costs incident thereto except from the revenues and moneys pledged therefor and from any other funds which may become available, and neither the faith or credit nor the taxing power of the Commonwealth, the County or the Commission shall be pledged thereto. 3. This resolution shall take effect immediately upon its adoption. F.XNTRTT A CAPITAL REGION AIRPORT COMMISSION Airport Development Program PLAN OF FINANCING (November 27, 2012) The Capital Region Airport Commission (the "Commission") was created by and pursuant to Chapter 537 of the Acts of Assembly of 1975, as amended, and continued by Chapter 380 of the Acts of Assembly of 1980, as amended (the "Enabling Act"), and is authorized to issue its bonds or other obligations for the purpose of financing and refinancing, among other things, the cost of maintaining, enlarging and improving any of its facilities. The Commission is continuing the capital expansion program that was the subject of its previous plan of financing, adopted and approved November 24, 2009, and subsequently approved by its Participating Political Subdivisions (as that term is defined in the Enabling Act) soon thereafter (the "2009 Plan of Financing") The Commission's current capital improvement program (the "Airport Development Program ) consists of the following projects (many of which were the subject of the 2009 Plan of Financing): 1. The acquisition, construction and equipping of expansions to the Commission's terminal building, canopies and pedestrian enclosures from the terminal building to the Commission's parking and rental car parking facilities, and improvements to the terminal's facilities, systems and equipment (including ticket counters, offices, baggage make- up and claim devices and utility equipment); 2. The acquisition, construction and equipping of expansions to the concourse and administrative areas of .the terminal building, including J J J 13-10 01/09/13 additional warehouse storage facilities, concession areas, airline operations areas, public circulation areas, federal inspection facilities, ticket counters, offices and passenger holdrooms for additional gates in Concourses A and B, and including passenger loading bridges; 3. The acquisition, renovation and equipping of upgrades, improvements and refurbishments to the heating - ventilating - air conditioning system and the interior areas (including furnishings and tenant build-outs/finishes) of the terminal building and the concourses thereto; 4. The construction and equipping of security and screening facilities at the Airport including the terminal building and the concourses thereto, including bulk baggage screening, security checkpoints, and space and equipment for screening agencies, companies, personnel and the foregoing; 5. The acquisition, construction, reconstruction and equipping of the ingress and egress terminal area roadways, including the construction and signage of major roadway improvements for Airport Drive, East Side Access Road and other ancillary roadways including structures for traffic separation, realignment and relocation of existing roadways, parking facilities, rental car parking facilities, and site improvements with respect thereto; 6. The acquisition, construction and equipping of an office/administration, maintenance and warehouse building and related real estate; 7. The acquisition, construction and equipping (including site work) of a building or buildings of up to 300,000 square feet for air cargo, commercial development and other aviation-related purposes and to serve the Commission's foreign trade zone, such projects to include associated office space, warehouse space, ancillary roads, site infrastructure and equipment; 8. The acquisition (including related land and associated rights in respect thereof), construction, reconstruction, expansion, improving and equipping of (i) additional public parking facilities, including satellite parking facilities (3,000 spaces), additional levels added to the existing structured parking facilities (2,000 spaces), structured parking facilities adjacent to the terminal building (1,000 spaces), and related vehicle servicing facilities, (ii) improvements or additions to the rental car storage and ready/return facilities, including the rental car ready/return garage adjacent to the terminal building to accommodate additional vehicles, improvements or replacements of entrance and exit ramps and roads for the rental car garage, and related vehicle servicing facilities, and additional rental car parking facilities, and (iii) additional employee and tenant parking facilities; 13-11 01/09/13 9. The construction, reconstruction, renovation, expansion, conversion and equipping (including site work) of current and future aircraft hangars, buildings and structures of up to 750,000 square feet for general aviation, air cargo, aircraft storage, aircraft maintenance and aircraft assembly purposes, and the acquisition, construction and equipping of additional facilities, including buildings, structures and aircraft hangars, for air cargo (including for transportation logistics, intermodal purposes, and package sorting, distribution, and delivery), aircraft storage, aircraft maintenance and aircraft assembly by commercial and industrial users and other local, state and federal governmental agencies; 10. The construction, reconstruction, extension or rehabilitation of aircraft parking aprons, taxiways and runways, including, but not limited to, the extension of Runways 16-34 and new construction of Taxiway "M", and the costs of land acquisition related thereto and associated rights in respect thereof and costs incident thereto; 11. The construction, reconstruction, rehabilitation, extension and upgrade of the Commission's infrastructure facilities, including its water, sewer, de-icing, drainage and stormwater management systems and other utilities; 12. The development and redevelopment of the areas formerly used by the Virginia Air National Guard, including the relocation of current Airport tenants and the construction and equipping of fixed base operators, and roadways, buildings, structures, hangars and facilities for aircraft storage, aircraft maintenance and aircraft assembly, and for lease to and use by governmental agencies and commercial and industrial entities and users, together with infrastructure in support thereof; 13. The acquisition of land for general airport purposes, construction, renovation or relocation of other functionally related and subordinate facilities in and around the Airport and the projects set forth above; and 14. The funding of debt service reserve and other reserve funds, the costs of design and engineering of any part of the Airport Development Program, and the costs of issuance of the Obligations referred to below, including the costs of any credit enhancement for such obligations and interest on them during and for up to one year after the completion of any of the projects set forth above. The Airport Development Program will provide better airport services to the inhabitants of the Participating Political Subdivisions, which presently consist of the City of Richmond and the Counties of Chesterfield, Hanover and Henrico. The Airport Development Program will also promote 13-12 01/09/13 the welfare, convenience and prosperity of the inhabitants of the Participating Political Subdivisions and the Commonwealth of Virginia, and the increase of their commerce. The Commission anticipates that it will finance or refinance all or a part of the Airport Development Program through the issuance from time to time of its bonds, notes or other obligations in an aggregate maximum amount now estimated not to exceed $750,000,000. As described further below, the Commission contemplates that it may also issue bonds, notes or other obligations to refund any bonds, notes or other obligations issued to finance or refinance the Airport Development Program, also in an aggregate maximum amount now estimated not to exceed $750,000,000. Any such bonds, notes or other obligations and refunding bonds, notes or other obligations are together referred to in this plan of financing as "Obligations". Obligations for initial financing or refunding may be issued at different times in several series of different amounts, with the timing, amounts and number depending on the Commission's need for funds and market conditions. The Commission expects that the first issuance of Obligations will occur no later than one year after the approval of the last Participating Political Subdivision to approve the issuance of the Obligations and the general purposes thereof and the last such issuance to occur no later than three years after the first issuance pursuant to the plan of financing. The Obligations may be issued on either a taxable or tax-exempt basis and may be secured by or payable (i) from the revenues of the Commission generally or certain designated projects or facilities on or about the Airport, (ii) exclusively from the income and revenues of the Airport Development Program's facilities or any part thereof, or (iii) from passenger facility charges approved by the Federal Aviation Administration and collected by or on behalf of the Commission. The Commission may additionally secure the Obligations by a pledge of any grant or contribution from a Participating Political Subdivision, the Commonwealth of Virginia or any political subdivision, agency or instrumentality thereof, any federal agency or any unit, private corporation, copartnership, association, or individual, as such Participating Political Subdivision, or other entities may be authorized to make under general law or by a pledge of any income or revenues of the Commission, or where such mortgage has been approved by the Participating Political Subdivisions, a mortgage of facilities of the Commission. The Commission may also obtain credit enhancement, such as bond insurance or letters of credit, to secure the Obligations, but it does not now contemplate that it will seek the moral obligation support of the Participating Political Subdivisions. The Obligations shall not be a debt of the Commonwealth of Virginia or any political subdivision thereof (including the Participating Political Subdivisions), other than the Commission, and neither the Commonwealth of Virginia nor any political subdivision thereof (including the Participating Political Subdivisions), other than the Commission, shall be liable thereon, nor shall such bonds be payable out of funds or properties other than those of the Commission. while the Airport Development Program likely will be financed ultimately through the issuance of the Commission's 13 -13 01/09/13 long term revenue bonds, the Commission anticipates that it will finance some or all of it initially through a short term credit facility, a line or lines of credit or bond anticipation notes. Accordingly, the plan of financing includes not only the issuance of bonds, note or other obligations in an aggregate amount now estimated not to exceed $750,000,000 to finance the Airport Development Program, but also the issuance of refunding bonds, notes or other obligations, also in an aggregate amount now estimated not to exceed $750,000,000, to refinance indebtedness issued to finance or refinance the Airport Development Program. The plan of financing also includes the refunding, if deemed advantageous or desirable by the Commission, of any or all of the Commission's outstanding indebtedness, including its General Airport Revenue Refunding Bonds - Series 2004, General Airport Revenue Bonds - Series 2001 (as amended in 2011), General Airport Revenue Refunding Bonds - Series 2005, General Airport Revenue Bonds - Series 2008, Passenger Facility Charge Revenue Bonds - Series 2006, Car Rental Facilities Revenue Bonds - Series 2000, or amounts outstanding from time to time under the Commission's line of credit, all of which financings previously have been approved by the Participating Political Subdivisions through approval of previous Commission plans of finance. Ayes: Jaeckle, Elswick, Warren, Holland and Gecker. Nays: None. 9.C.2. AWARD OF CONTRACT AND APPROPRIATION OF FUNDS FOR DOCUMENTING THE LOCATION AND MAPPING THE STORM DRAINAGE SYSTEMS THROUGHOUT CHESTERFIELD COUNTY In response to Mr. Elswick's question, Mr. Mincks stated the issue in the case was whether the regulation of the volume of storm water by itself was an appropriate regulation and considered to be a pollutant. He further stated the concern within the regulation was in the particulate matter that was suspended within the storm water. He stated the EPA was only regulating the water flow, but was not imposing any standards on what was suspended within the flow. On motion of Mr. Warren, seconded by Mr. Gecker, the Board awarded a contract to World View Solutions, Inc., in the amount of $295,691.83, and appropriated previously reserved funds for documenting the location and mapping the storm drainage systems throughout Chesterfield County. Ayes: Jaeckle, Elswick, Warren, Holland and Gecker. Nays: None. 9.C.3. AWARD OF CONTRACT FOR MAINTENANCE AND REPAIRS AT THE BENSLEY AND RIVERS BEND FIRE AND EMERGENCY MEDICAL SERVICES STATIONS On motion of Mr. Warren, seconded by Mr. Gecker, the Board awarded a contract to Possie B. Chenault Inc. in the amount of $114,339, for maintenance and repairs at the Bensley and Rivers Bend Fire and EMS stations. Ayes: Jaeckle, Elswick, Warren, Holland and Gecker. Nays: None. J .~ v.'~ 13-14 01/09/13 9.C.4. STATE ROAD ACCEPTANCES On motion of Mr. Warren, seconded by Mr. Gecker, 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. Project/Subdivision: Heart Quake Section 1 at Foxcreek - Remainder Type Change to the Secondary System miles of State Hi hways• Addition Reason for Change: New subdivision street Pursuant to Code of Virginia Statute: §33.1-229 Street Name and/or Route Number • Old Moon Trace, State Route Number 7656 From: Foxcreek Forest Drive, (Route 7320) To: Copper Still Terrace (Route 7657), a distance of: 0.12 miles. Recordation Reference: PB 166, PG 58 Right of Way width (feet) = 44 feet • Old Moon Trace, State Route Number 7656 From: Copper Still Terrace (Route 7657) To: 0.05 miles south to the end of maintenance, a distance of: 0.05 miles. Recordation Reference: PB 166, PG 58 Right of Way width (feet) = 44 feet • Copper Still Terrace, State Route Number 7657 From: Old Moon Trace, (Route 7656) To: 0.20 miles west to the cul-de-sac, a distance of: 0.20 miles. Recordation Reference: PB 166, PG 58 Right of Way width (feet) = 44 feet 13 -15 01/09/13 And, further, the Board adopted the following resolution: WHEREAS, the street described below is shown on plats recorded in the Clerk's Office of the Circuit Court of Chesterfield County; and WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised this Board the street meets the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation. NOW, THEREFORE, BE IT RESOLVED, that this Board requests the Virginia Department of Transportation to add the street described below to the secondary system of state highways, pursuant to Section 33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements. AND, BE IT FURTHER RESOLVED, that this Board guarantees a clear and unrestricted right-of-way, as described, and any necessary easements for cuts, fills and drainage. AND, BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. Project/Subdivision: Collington Section 15 Type Change to the Secondary System miles of State Highways: Addition Reason for Change: New subdivision street Pursuant to Code of Virginia Statute: X33.1-229 Street Name and/or Route Number • Forest Row Trail, State Route Number 5998 From: 0.03 miles West Brading Lane (Route 5991) To: Brafferton Road (Route 7655), a distance of: 0.03 miles. Recordation Reference: PB 192, PG 43 Right of Way width (feet) = 44 feet • Forest Row Trail, State Route Number 5998 From: Brafferton Road (Route 7655) To: 0.15 miles West to Parracombe Lane (Route 5996), a distance of: 0.15 miles. Recordation Reference: PB 192, PG 43 Right of Way width (feet) = 44 feet • Brafferton Road, State Route Number 7655 From: Forest Row Trail, (Route 5998) To: Parracombe Lane, (Route 5996), a distance of: 0.13 miles. Recordation Reference: PB 192, PG 43 Right of Way width (feet) = 40 feet • Forest Row Trail, State Route Number 5998 From: Parracombe Lane (Route 5996) To: 0.06 miles West to Cul-de-sac, a distance of: 0.06 miles. Recordation Reference: PB 192, PG 43 Right of Way width (feet) = 44 feet 13-16 01/09/13 • Parracombe Lane, State Route Number 5996 From: 0.02 miles West Brading Lane, (Route 5991) To: Brafferton Road, (Route 7655), a distance of: 0.07 miles. Recordation Reference: PB 192, PG 43 Right of Way width (feet) = 44 feet • Parracombe Lane, State Route Number 5996 From: Brafferton Road, (Route 7655) To: Forest Row Trail, (Route 5998), a distance of: 0.23 miles. Recordation Reference: PB 192, PG 43 Right of Way width (feet) = 44 feet And, further, the Board adopted the following resolution: WHEREAS, the street described below is shown on plats recorded in the Clerk's Office of the Circuit Court of Chesterfield County; and WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised this Board the street meets the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation. NOW, THEREFORE, BE IT RESOLVED, that this Board requests the Virginia Department of Transportation to add the street described below to the secondary system of state highways, pursuant to Section 33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements. AND, BE IT FURTHER RESOLVED, that this Board guarantees a clear and unrestricted right-of-way, as described, and any necessary easements for cuts, fills and drainage. AND, BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. Project/Subdivision: Heart Quake Section 2 at Foxcreek Type Change to the Secondary System miles of State Highways: Addition Reason for Change: New subdivision street Pursuant to Code of Virginia Statute: X33.1-229 Street Name and/or Route Number • Heartquake Trace, State Route Number 7521 From: 0.02 miles north of Foxcreek Crossing, (Route 7297) To: Old Moon Trace, (Route 7656), a distance of: 0.02 miles. Recordation Reference: PB 179, PG 41 Right of Way width (feet) = varies • Heartquake Trace, State Route Number 7521 From: 0.01 miles north of Foxcreek Crossing, (Route 7297) To: 0.02 miles north of Foxcreek Crossing, (Route 7297), a distance of: 0.01 miles. Recordation Reference: PB 179, PG 41 Right of Way width (feet) = 62 feet 13-17 01/09/13 • Heartquake Trace, State Route Number 7521 From: Old Moon Trace, (Route 7656) To: 0.16 miles to existing Heartquake Trace, (Route 7521), a distance of: 0.16 miles. Recordation Reference: PB 179, PG 41 Right of Way width (feet) = 44 feet • Old Moon Trace, State Route Number 7656 From: Heartquake Trace, (Route 7521) To: 0.08 miles east to extended Old Moon Trace, (Route 7656), a distance of: 0.08 miles. Recordation Reference: PB 179, PG 41 Right of Way width (feet) = 44 feet And, further, the Board adopted the following resolution: Project/Subdivision: Prescotts Level Section 1 at Foxcreek Type Change to the Secondary System miles of State Highways: A~Aitinn Reason for Change: New subdivision street Pursuant to Code of Virginia Statute: X33.1-229 Street Name and/or Route Number • Hidden Sedge Court, State Route Number 7660 From: Route 7659 Fieldtan Trail To: Cul-de-sac, a distance of: 0.08 miles. Recordation Reference: PB 169, PG 95 Right of Way width (feet) = 44 • Fieldtan Trail, State Route Number 7659 From: Route 7658 Prescotts Level To: Route 7660 Hidden Sedge Court, a distance of: 0.09 miles. Recordation Reference: PB 169, PG 95 Right of Way width (feet) = 44 • Fieldtan Trail, State Route Number 7659 From: Route 7660 Hidden Sedge Court To: Route 7661 Soho Turn, a distance of: 0.09 miles. Recordation Reference: PB 169, PG 95 Right of Way width (feet) = 44 • Fieldtan Trail, State Route Number 7659 From: Route 7661 Soho Turn To: Cul-de-sac, a distance of: 0.02 miles. Recordation Reference: PB 169, PG 95 Right of Way width (feet) = 44 • Fieldtan Trail, State Route Number 7659 From: Route 7658 Prescotts Level To: East to Cul-de-sac, a distance of: 0.04 miles. Recordation Reference: PB 169, PG 95 Right of Way width (feet) = 44 • Prescotts Level, State Route Number 7658 From: Route 7297 Foxcreek Crossing To: 0.02 miles South to Route 7297 Foxcreek Crossing, a distance of: 0.02 miles. Recordation Reference: PB 169, PG 95 Right of Way width (feet) = 62 J J J 13-18 01/09/13 • Prescotts Level, State Route Number 7658 From: 0.02 miles South to Route 7297 Foxcreek Crossing To: Route 7659 Fieldtan Trail, a distance of: 0.04 miles. Recordation Reference: PB 169, PG 95 Right of Way width (feet) = Variable • Soho Turn, State Route Number 7661 From: Route 7659 Fieldtan Trail To: Cul-de-sac, a distance of: 0.06 miles. Recordation Reference: PB 169, PG 95 Right of Way width (feet) = 44 Ayes: Jaeckle, Elswick, Warren, Holland and Gecker. Nays: None. 9.C.5. REQUEST TO QUITCLAIM A PORTION OF A SIDEWALK EASEMENT ACROSS THE PROPERTY OF ECONOMIC DEVELOPMENT AUTHORITY OF THE COUNTY OF CHESTERFIELD On motion of Mr. ,Warren, seconded by Mr. Gecker, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute a quitclaim deed to vacate a portion of a sidewalk easement across the property of Economic Development Authority of the County of Chesterfield. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Jaeckle, Elswick, Warren, Holland and Gecker. Nays: None. 9.C.6. APPROVAL OF LEASE ASSIGNMENT TO TOWERCO 2013 LLC On motion of Mr. Warren, seconded by Mr. Gecker, the Board authorized the County Administrator to execute a lease assignment for the communications tower at Bensley Park to TowerCo 2013 LLC. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Jaeckle, Elswick, Warren, Holland and Gecker. Nays: None. 9.C.8. DESIGNATION OF RIGHT OF WAY FOR HARROWGATE ROAD On motion of Mr. Warren, seconded by Mr. Gecker, the Board designated a parcel of county property containing 0.083 acres as public right of way for Harrowgate Road and authorized the County Administrator to execute the declaration. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Jaeckle, Elswick, Warren, Holland and Gecker. Nays: None. 13-19 01/09/13 9.C.9. REQUEST FOR PERMISSION FROM WOODLAKE COMMUNITY ASSOCIATION, INCORPORATED FOR PROPOSED UNDERGROUND ELECTRICAL CONDUIT, TWO ELECTRICAL CHARGING POSTS, TIE-UP POSTS AND A LIGHT POLE TO ENCROACH WITHIN A SIXTEEN-FOOT SEWER EASEMENT AND AN IMPOUNDMENT EASEMENT FOR THE SWIFT CREEK RESERVOIR ACROSS SHELTER COVE POINTE On motion of Mr. Warren, seconded by Mr. Gecker, the Board granted Woodlake Community Association, Inc., permission for proposed underground electrical conduit, two electrical charging posts, tie-up posts and a light pole to encroach within a 16' sewer easement and an impoundment easement for the Swift Creek Reservoir across Shelter Cove Pointe, 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: Jaeckle, Elswick, Warren, Holland and Gecker. Nays: None. 9.C.10. INITIATE AN APPLICATION FOR A VARIANCE TO THE REQUIRED SIDE YARD BUILDING SETBACK FOR AN EXISTING ACCESSORY STRUCTURE LOCATED ON SKYBIRD ROAD On motion of Mr. Warren, seconded by Mr. Gecker, the Board initiated an application for a variance to the required side yard building setback for an existing accessory structure (garage) on property located at 14541 Skybird Road (Tax ID 780-638-1058), in a Residential (R-15) zoning district, and appointed Kirkland Turner, Director of Planning, as agent for the Board of Supervisors for the purpose of the application and waived disclosure. Ayes: Jaeckle, Elswick, Warren, Holland and Gecker. Nays: None. 9.C.11. APPROPRIATION OF ROAD CASH PROFFER FUNDS AND AWARD OF A CONSTRUCTION CONTRACT FOR THE NEWBYS BRIDGE ROAD REALIGNMENT AND TURN LANES AT JACOBS ROAD PROJECT On motion of Mr. Warren, seconded by Mr. Gecker, the Board appropriated $50,000 in road cash proffers from Traffic Shed 7 and authorized the award of a construction contract in the amount of $695,777, to Colony Construction for the Newbys Bridge Road realignment and turn lanes at Jacobs Road Project . Ayes: Jaeckle, Elswick, Warren, Holland and Gecker. Nays: None. 9.C.12. SET DATE FOR PUBLIC HEARING TO CONSIDER THE FY2014 TRANSPORTATION ALTERNATIVE PROJECT On motion of Mr. Warren, seconded by Mr. Gecker, the Board set January 23, 2013, as the date for a public hearing to consider the FY2014 Transportation Alternative (formerly Enhancement) Project. Ayes: Jaeckle, Elswick, Warren, Holland and Gecker. Nays: None. J J J 13-20 01/09/13 The following items were removed from the Consent Agenda for Board discussion: 9.C.7. CONVEYANCE OF EASEMENT ACROSS CRESTWOOD ELEMENTARY SCHOOL PROPERTY TO VIRGINIA ELECTRIC AND POWER COMPANY In response to Mr. Gecker's question, Mr. Dean Sasek stated two segments of the overhead power lines are being connected to improve service. He further stated he is unaware of the proximity of the proposed easement to the greenhouse located on the property. Mr. Gecker made a motion, seconded by Mr. Warren, for the Board to defer consideration of the conveyance of an easement across Crestwood Elementary School property to Virginia Electric and Power Company until January 23, 2013. Ayes: Jaeckle, Elswick, Warren, Holland and Gecker. Nays: None. 9.C.l.d. RECOGNIZING THE HONORABLE DANIEL A. GECKER AS 2012 CHAIRMAN OF THE BOARD OF SUPERVISORS On motion of Mr. Elswick, seconded by Mr. Warren, the Board adopted the following resolution: WHEREAS, the Honorable Daniel A. Gecker, Supervisor representing the Midlothian District, served as Chairman of the Board of Supervisors from January 2012 to December 2012 and during this period, demonstrated outstanding leadership and insight through many challenges and opportunities confronting the county, while responding to the needs of citizens and exhibiting an unwavering dedication to maintaining a high quality of life for Chesterfield County residents; and WHEREAS, under Mr. Decker's Chairmanship, the county demonstrated leadership in managing its financial resources, as evidenced by the affirmation of Chesterfield County Utilities' AAA rating for water and sewer revenue bonds following an intensive review process by Standard and Poor's, making it one of only a few utilities in the nation to achieve a AAA rating on its revenue bonds from all three of the top rating services; realizing a cost savings of nearly $12 million through sealed bidding and negotiations conducted by the Purchasing Department on behalf of the county and schools; and adopting the FY2013 budget, allocating every new dollar to longstanding Board of Supervisors' priorities, with more than 60% for education, ensuring no impact on the classroom and restoration of previous pay reductions; and in large part, the remaining 40% of new revenues being dedicated to public safety, particularly highlighting four new police officers, apparatus and public safety career development funding; and WHEREAS, successes under Mr. Decker's Chairmanship include receiving the Government Finance Officer Association's Certificate of Achievement for Financial Reporting for the 31St consecutive year for the county's Comprehensive Annual Financial Report; being selected for the 6th consecutive time as one of the 100 Best Communities for 13 -21 01/09/13 Young People by America's Promise Alliance; ranking Number 16 on Training Magazine's Top 125 listing of organizations providing outstanding employee development opportunities; ranking in the Top 10 for the 2012 National Night Out by the National Association of Town Watch; receiving the Excellence in Virginia Government Award for Innovation in Government for the "My Business Starts Here" Program; receiving the American Water Works Association's Public Communications Achievement and Community Relations Award for the Route 10/Beach Road water line construction project, acknowledging the effective communication techniques and extra efforts of the Utilities Department related to customer service during the project; Public Affairs receiving 8 National Association of County Information Officers (NACIO) Awards; and the county receiving 11 NACo Achievement Awards, one VACo Achievement Award; and WHEREAS, other successes under Mr. Gecker's Chairmanship include timely and successfully adopting a new Comprehensive Plan for the county that will guide its future growth and development while maintaining a high quality of life for residents and businesses; groundbreaking for the replica 1611 Church and Meeting Hall at Henricus Historical Park; opening of the Greater Richmond Aquatic Partnership's 50,000 square- foot Collegiate School Aquatics Center; approving a contract to purchase the Historic Point of Rocks house site on the Appomattox River; completing the county's second Build-A- House project; adopting floodplain ordinance amendments, allowing residents to continue participating in the National Flood Insurance Program; completing $130 million in upgrades to the Falling Creek and Proctors Creek Wastewater Treatment Plants, bringing the plants into compliance with nutrient concentration and waste load allocation limits mandated by state legislation; and approving the development of the Intermediate Care Facility (ICF-MR) through the Capital Improvement Program; and WHEREAS, service enhancements to benefit county citizens include implementing several system upgrades to Mental Health Support Services' Information System/Electronic Health Record to enhance billing and clinical functions; launching parenting.chesterfield.gov, providing easier access and connecting residents to helpful parenting resource information; dedicating and opening for public use the historic Mid-Lothian Mines replica headstock and amphitheater; completing the sidewalk project in front of Robious Elementary and Middle Schools, as part of the "Safe Routes to Schools" initiative; and replacing an aging SCUBA Rescue Team Response Vehicle, to provide for the safe and efficient response to assist the citizens of Chesterfield County, as well as the Commonwealth of Virginia; and WHEREAS, major economic and community development successes include the announcement of 8 economic development projects, more than $273 million in investment and 332 new jobs; the opening of Amazon.com's $85 million fulfillment center and groundbreaking for Capital One's $150 million data center in Meadowville Technology Park; Honeywell's announcing an investment of $27.5 million to expand its Advanced Fibers and Composites operation; Sabra Dipping Company's announcing the construction of a global "Center Of Excellence" and Research and Development facility, as well as an expansion of its current production facility; partnering with the Virginia Department of Transportation to match $10 million in state 13-22 J J J 01/09/13 funding to provide $20 million in road improvements; and completing a number of road projects, including widening of Route 10 from Frith Lane to Greenyard Road; widening of Powhite Parkway/Old Hundred Road from Route 288 to Watermill Parkway and installing a traffic signal at Brandermill Parkway; extending Port Walthall as an Economic Development Access Fund project; providing intersection improvements at Route 1 and Willis Road; and realigning a substandard curve on Chalkley Road; and WHEREAS, the successful year culminated with a number of exciting events, including the opening of Uptown Alley's $20 million entertainment complex at Commonwealth Centre and the $18 million Kroger Marketplace in Stonebridge, as well as the historic Whistle Stop Train Tour celebration at Ettrick Train Station of the new Amtrak Virginia service connection from the Hampton Roads area to Amtrak's Northeast Corridor. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes the county's many accomplishments and applauds its 2012 Chairman, the Honorable Daniel A. Gecker. AND, BE IT FURTHER RESOLVED that the Board of Supervisors does hereby present Mr. Gecker with a plaque recognizing his distinguished service as chairman from January 2012 to December 2012. Ayes: Jaeckle, Elswick, Warren, Holland and Gecker. Nays: None. Ms. Jaeckle presented the executed resolution to Mr. Gecker and commended him on his excellent service to Chesterfield County. Mr. Elswick expressed his appreciation to Mr. Gecker for his support and helpfulness. Mr. Gecker expressed his appreciation to the Board for the recognition and for their support. He commended staff for continuing to drive the county forward in a good direction. Mr. Stegmaier presented Mr. Gecker with a plaque recognizing his service as Chairman and expressed appreciation for his dedication and service to the county. 10. REPORTS 10.A. REPORT ON DEVELOPER WATER AND SEWER CONTRACTS 10.B. REPORT ON STATUS OF GENERAL FUND BALANCE, RESERVE FOR FUTURE CAPITAL PROJECTS, DISTRICT IMPROVEMENT FUNDS AND LEASE PURCHASES On motion of Mr. Elswick, seconded by Mr. Holland, the Board accepted the following reports: a Report on Developer Water and Sewer Contracts; and a Report on Status of General Fund Balance, Reserve for Future Capital Projects, District Improvement Funds and Lease Purchases. Ayes: Jaeckle, Elswick, Warren, Holland and Gecker. Nays: None. 13-23 01/09/13 11. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED MATTERS There were no requests to address the Board at this time. 12. DINNER On motion of Mr. Elswick, seconded by Mr. Gecker, the Board recessed to Room 502 for dinner. Ayes: Jaeckle, Elswick, Warren, Holland and Gecker. Nays: None. Reconvening: 13. INVOCATION Deputy County Administrator William D. Dupler gave the invocation. 14. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Eagle Scout Thomas W. Payne, III led the Pledge of Allegiance. 15. RESOLUTIONS 15.A. RECOGNIZING THE HIGHLANDS MASSEY CLASSIC COMMITTEE FOR ITS OUTSTANDING FUNDRAISING EFFORTS Mr. Kappel introduced members of the Highlands Massey Classic Committee, who were present to receive the resolution. On motion of Ms. Jaeckle, seconded by Mr. Warren, the Board adopted the following resolution: WHEREAS, the Massey Cancer Center located at Virginia Commonwealth University is one of the nation's leading cancer research facilities; and WHEREAS, VCU Massey Cancer Center is one of only 67 National Cancer Institute-designated cancer centers; and WHEREAS, that status places VCU Massey Cancer Center among the top four percent of all cancer centers in the United States; and WHEREAS, one of every two men, and one of every three women, will have some form of cancer in their lifetime; and WHEREAS, here in the Richmond Metropolitan Area, the VCU Massey Cancer Center is a highly regarded place of hope and treatment; and WHEREAS, many past, present and future Chesterfield County residents' lives have benefitted and will continue to benefit from research and treatment at VCU Massey Cancer Center; and 13-24 J J J 01/09/13 WHEREAS, over the past seven years, the Highlands-Massey Classic has raised more than $1.5 million; and WHEREAS, this series of dinners, auctions and golf events held at the Highlands Golf Course in Chesterfield County; holiday house tours and a 5K run in the community has been made possible by more than 150 volunteers; and WHEREAS, all funds raised from the Highlands-Massey Classic are designated for breast cancer and head, neck and throat cancer research and treatment; and WHEREAS, a wing in the Goodwin Research Laboratory at VCU Massey Cancer Center has been designated as the Highland- Massey Classic Research Wing. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 9th day of January 2013, publicly recognizes the exemplary achievements of the members of the Highlands-Massey Classic Committee, and on behalf of all Chesterfield County residents, thanks them for their outstanding fundraising efforts, which have made it possible for the VCU Massey Cancer Center to continue the vital research necessary to prevent and treat these types of cancer. AND, BE IT FURTHER RESOLVED that a copy of this resolution be presented to the Highlands-Massey Classic Committee, and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Ayes: Jaeckle, Elswick, Warren, Holland and Gecker. Nays: None. Mr. Holland presented the executed resolution to members of the Highlands-Massey Classic Committee and expressed appreciation for their exceptional fundraising efforts. Mr. George Emerson and Ms. Janice Radcliff introduced themselves and thanked the Board for the recognition. 15.B. RECOGNIZING THE 2012 L.C. BIRD SKYHAWKS VARSITY FOOTBALL TEAM FOR ITS SUPERIOR ACHIEVEMENT AND OUTSTANDING REPRESENTATION OF CHESTERFIELD COUNTY Mr. Golden introduced members of the L.C. Bird Skyhawks Varsity Football Team, who were present to receive the resolution. On motion of Mr. Holland, seconded by Ms. Jaeckle, the Board adopted the following resolution: WHEREAS, participation in high school sports has long been an integral part of Chesterfield County's educational, physical and emotional development for students; and WHEREAS, the citizens of Chesterfield County enjoy and support high school football; and WHEREAS, Mr. David Bedwell, coach of the L.C. Bird High School Varsity Football Team, completed his 13th year as coach with an overall record of 131 wins and 24 losses; and 13-25 01/09/13 WHEREAS, under the guidance and direction of Mr. Bedwell and his staff, the 2012 L.C. Bird Skyhawks finished the regular season with a 14-0 record; and WHEREAS, the 2012 Skyhawks won the Dominion District Championship and the Central Region Division 6 Championship; and WHEREAS, L.C. Bird High School football teams have had outstanding success under Coach Bedwell's tenure, winning four Regional Championships, 12 District Championships and have been four-time state semi-finalists in the Virginia Division 6 AAA State Championships; and WHEREAS, for the first time in the history of the school, the 2012 L.C. Bird Skyhawks Varsity Football Team won the AAA Virginia Division 6 Championship title. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 9th day of January 2013, publicly recognizes the 2012 L.C. Bird High School Varsity Football Team for its superior achievement and its outstanding representation of Chesterfield County, commends the team for its commitment to excellence and sportsmanship, on behalf of the citizens of Chesterfield County, and expresses best wishes for continued success. Ayes: Jaeckle, Elswick, Warren, Holland and Gecker. Nays: None. Mr. Holland presented the executed resolution to Mr. David Bedwell, coach of the L.C. Bird High School Varsity Football Team and team members and congratulated the team on their superior achievements. Coach Bedwell expressed appreciation to the Board for the special recognition. He stated he was extremely proud of the team's success. Ms. Jaeckle commended the team on their outstanding accomplishments. 15.C. RECOGNIZING BOY SCOUTS UPON ATTAINING THE RANK OF EAGLE SCOUT Mr. Kappel introduced Mr. Mr. Thomas W. Payne III, Mr. Stuart McClaskey Mapes, Mr. Jonathan Montraville Wert, Mr. Howard P. Estes, III, Mr. Zachary Louden Reyes, Mr. William Nelson Simmons, Mr. Michael Neal McMullen, Mr. Dalton Jared Lackey, Mr. Dylan Jacob Lackey, Mr. Ian Jared Coffin and Mr. Alan Zhang, who were present to receive the resolution. On motion of Mr. Gecker, seconded by Mr. Warren, the Board adopted the following resolution: WHEREAS, the Boy Scouts of America was incorporated by Mr. William D. Boyce on February 8, 1910, and was chartered by Congress in 1916; and WHEREAS, the Boy Scouts of America was founded to build character, provide citizenship training and promote physical fitness; and 13-26 J J J 01/09/13 WHEREAS, after earning at least twenty-one merit badges in a wide variety of skills including leadership, service and outdoor life, serving in a leadership position in a troop, carrying out a service project beneficial to his community, being active in the troop, demonstrating Scout spirit, and living up to the Scout Oath and Law, Mr. Thomas W. Payne III, Troop 2877, sponsored by Chester Presbyterian Church, Mr. Stuart McClaskey Mapes and Mr. Jonathan Montraville Wert, both of Troop 1810, sponsored by the Church of the Epiphany, and Mr. Howard P. Estes, III, Mr. Zachary Louden Reyes, Mr. William Nelson Simmons, Mr. Michael Neal McMullen, Mr. Dalton Jared Lackey, Mr. Dylan Jacob Lackey, Mr. Ian Jared Coffin and Mr. Alan Zhang, all of Troop 876, sponsored by Mount Pisgah United Methodist Church, have accomplished those high standards of commitment and have reached the long-sought goal of Eagle Scout, which is received by only four percent of those individuals entering the Scouting movement; and WHEREAS, growing through their experiences in Scouting, learning the lessons of responsible citizenship, and endeavoring to prepare themselves for a role as leaders in society, Thomas, Stuart, Jonathan, Skip, Zachary, William, Mac, Dalton, Dylan, Ian and Alan have distinguished themselves as members of a new generation of prepared young citizens of whom we can all be very proud. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 9th day of January 2013, publicly recognizes Mr. Thomas W. Payne III, Mr. Stuart McClaskey Mapes, Mr. Jonathan Montraville Wert, Mr. Howard P. Estes, III, Mr. Zachary Louden Reyes, Mr. William Nelson Simmons, Mr. Michael Neal McMullen, Mr. Dalton Jared Lackey, Mr. Dylan Jacob Lackey, Mr. Ian Jared Coffin and Mr. Alan Zhang, extends congratulations on their attainment of Eagle Scout, and acknowledges the good fortune of the county to have such outstanding young men as its citizens. Ayes: Jaeckle, Elswick, Warren, Holland and Gecker. Nays: None. Mr. Gecker, Mr. Warren and Ms. Jaeckle presented the executed resolutions and patches to each of the Eagle Scouts, accompanied by members of their families, congratulated them on their outstanding achievements, and wished them well in future endeavors. Each of the scouts provided details of their Eagle Scout project and expressed appreciation to their parents and other for their support. 16. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED MATTERS Pastor Shawn Franco presented the Board with a petition of thanksgiving and prayer from the Chesterfield citizens of Cornerstone Assembly of God. All Board members expressed their profound heartfelt appreciation for the special recognition. 13-27 01/09/13 17. PUBLIC HEARINGS 17.A. TO CONSIDER AMENDMENTS TO CHAPTER 19 OF THE COUNTY CODE AND ADOPTION OF A POLICY REGULATING ALTERNATIVE FINANCIAL INSTITUTIONS Mr. Carl Schlaudt stated this date and time has been advertised for a public hearing for the Board to consider amendments to Chapter 19 of the County Code and adoption of a policy regulating alternative financial institutions. He further stated the proposed ordinance would 1) define alternative financial institutions (AFIs); 2) list AFIs as conditional uses in C-5 zoning districts; and 3) list consumer finance companies as conditional uses in C-5 zoning districts. He stated the proposed policy would provide guidance for evaluating zoning applications for AFIs. In response to Ms. Jaeckle's questions, Mr. Schlaudt stated a shopping center would be precluded under the mile separation policy and is not considered a single building. He stated the two pawn brokers in the county do buy gold; however he has not heard any concerns relative to precious metals. Mr. Jaeckle called for public comment. Ms. Dana Wiggins, representing the Virginia Partnership to Encourage Responsible Lending (VaPERL), urged the Board to support the proposed ordinance. She stated any changes to the policy would permit predatory lenders to operate within the county. Ms. Nancy Finch expressed her concerns relative to alternative financial institutions within the county. She urged the Board to explore new methods of helping those less fortunate. Ms. Holly Coy, Director of Programs at the Virginia Interfaith Center, urged the Board to consider approving the proposal. She expressed concerns relative to increased crime rates, bankruptcy and foreclosure linked to lenders. Ms. Emma Mehrabi urged the Board to approve the proposed ordinance. She expressed concerns relative to predatory lenders within communities. Rabbi Ben Romer recommended that the Board approve the policy regulating alternative financial institutions. Mr. Freddy Boisseau stated the county cannot prohibit the use of alternative financial institutions. Mr. Brennen Keene, representing TitleMax of Virginia, stated his client supported the policy as it was presented to the Planning Commission, which included a 2,000 foot distance. He noted, after further review from staff, precious metal dealers can obtain their permit through the Police Department. He expressed concerns on the impact made by precious metal dealers relative to the proposed policy. He urged the Board to revisit portions of the policy as it relates to precious metal dealers. Mr. Tom Gallagher, President and CEO of Richmond Better Business Bureau, urged the Board to approve the proposal. No one else came forward to speak to the issue. There being no one else to speak to the issue, the public hearing was closed. 13-28 J J J 01/09/13 Mr. Gecker recommended that the Board defer the matter for a period of time due to apparent controversy. He stated the Board does not have the authority to prohibit alternative financial institutions. He noted the county is entitled under State Code to regulate land uses. He stated AFI's have an adverse impact on land use basis for the community, correlate with a reduction in real estate values, an increase in crime and are an indicator of social decline in neighborhoods. He suggested that the Board wait to see if any additional authority comes from the General Assembly relative to the issue before making a final decision. Mr. Holland concurred with Mr. Gecker's suggestion to defer the issue. He stressed the importance of financial education in schools and stated the Board has an obligation to communities who are potentially at risk to predatory lending. He commended the Planning Commission and staff for their thorough proposal. In response to Mr. Elswick's question, Mr. Gecker stated his recommendation would be to defer the policy and ordinance. Ms. Jaeckle also stressed the importance of financial education. She stated the Board has the authority to regulate land uses. Mr. Gecker made a motion, seconded by Mr. Holland, for the Board to defer consideration of amendments to Chapter 19 of the County Code and adoption of a policy regulating alternative financial institutions until April 10, 2013. Ayes: Jaeckle, Elswick, Warren, Holland and Gecker. Nays: None. 18. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED MATTERS Mr. Bob Olsen expressed concerns relative to the Board of Supervisors' policies and procedures. 19. ADJOURNMENT On motion of Mr. Elswick, seconded by Mr. Holland, the Board adjourned at 8:05 p.m. until January 23, 2013 at 3:00 p.m. Ayes: Jaeckle, Elswick, Warren, Holland and Gecker. Nays: None. ~." Dorothy A. Jae kle Chairman 13-29 01/09/13 J J J