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2013-04-24 MinutesBOARD OF SUPERVISORS MINUTES April 24, 2013 Supervisors in Attendance: Staff in Attendance: Ms. Dorothy A. Jaeckle, Chairman Mr. Mike Bacile, Dir., Mr. Stephen A. 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 Ms. Debbie Burcham, Exec. Dir., Community Services Board Mr. Allan Carmody, Dir., Budget and Management 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 Colonel Thierry Dupuis, Police Department Mr. Michael Golden, Dir., Parks and Recreation Mr. Lawrence C. Haake, III, Registrar Mr. John W. Harmon, Real Property Manager Mr. Joe Horbal, Commissioner of Revenue Mr. Donald Kappel, Dir., Public Affairs Mr. Rob Key, Director, General Services Mr. Louis Lassiter, Asst. County Administrator Mr. Michael Likins, Coop. Extension Director Mr. Mike Mabe, Director, Libraries Mr. R. John McCracken, Dir., Transportation Mr. Jeffrey L. Mincks, County Attorney Chief Edward L. Senter, Fire Department Mr. Scott Smedley, Dir., Environmental Engineering 13-235 04/24/13 Ms. Sarah Snead, Dep. County Administrator, Human Services Mr. Kirk Turner, Dir., Planning Mr. Mike Westfall, Dir., Internal Audit Ms. Jaeckle called the regularly scheduled meeting to order at 3:00 p.m. 1. APPROVAL OF MINUTES FOR APRIL 10, 2013 On motion of Mr. Holland, seconded by Mr. Warren, the Board approved the minutes of April 10, 2013, as submitted. Ayes: Jaeckle, Elswick, Warren, Holland and Gecker. Nays: None. 2. COUNTY ADMINISTRATOR'S COMMENTS 2.A. COUNTY ADMINISTRATOR'S REPORT • Mr. Stegmaier updated the Board on the damage assessment from the Virginia Department of Forestry regarding the fires that burned a large area between Courthouse Road and Route 288. • Mr. Stegmaier provided an update regarding two missing VSU students who were swept away by strong currents while they and five others attempted to cross the Appomattox River on Friday evening. Sadly, divers recovered both bodies from the river Monday afternoon and earlier this morning. • Mr. Stegmaier announced that the Utilities Department has been notified that they have been awarded the 15- year Partnership for Safe Water director's award. The award is based on plant operations data, water quality, and reporting of treatments and improvements in 2012. • Mr. Stegmaier stated the Greater Richmond Association for Commercial Real Estate (GRACRE) announced their awards last week and he reported several projects in the county that received recognition. • Mr. Stegmaier reported that the Kroger Marketplace is reporting extremely robust sales with an average of 2700 customer visits (cash register transactions) a week. ~. BOARD MEMBER REPORTS There were no Board Member Reports at this time. J J 13-236 04/24/13 4. REQUESTS TO POSTPONE AGENDA ITEMS AND ADDITIONS, DELETIONS OR CHANGES IN THE ORDER OF PRESENTATION On motion of ,Mr. Elswick, seconded by Mr. Holland, the Bt~a.r~; deleted Item 8.D.5.a., Request from Wayne A. Yerby and Nla~ry Yerby for a Proposed Fence to Encroach Within a 16~~oot Drainage Easement Across Lot 1, Ashley Forest, Section.. A; replaced Item 14.D., Resolution Recognizing Boy Scouts t?pbri Attaining the Rank of Eagle Scout; and moved Item 6.A., Worlf Session on Infrastructure Financing/Proffers, ~o the ehd of the afternoon agenda to follow Item 10., Public Comment- Period. Ayes: Jaeckle, Elswick, Warren, Holland and Decker. Nays: None. 5. RESOLUTIONS- 5.A. RECOGNIZING CHESTERFIELD COUNTY EMPLOYEES WHO HAVE SERVED IN THE UNITED STATES MILITARY Mr. Kappel introduced representatives of each of the armed forces, who were present to receive the resolution. On motion of Mr. Holland, seconded by Mr. Warren, the Board adopted the following resolution: WHEREAS, the United States military provides the global security that enables citizens of the United States of America to enjoy life, liberty and the pursuit of happiness as outlined in the Declaration of Independence; and WHEREAS, throughout our nation's history, men and women serving in the active and reserve components of our armed forces have pledged to protect and defend the Constitution of the United States of America against all enemies, foreign and domestic; and WHEREAS, oftentimes, military service is hazardous and takes the service member far from the comforts of home and family; and WHEREAS, in today's all-volunteer military, men and women who serve all have volunteered for the unique hardships and hazards of military life; and WHEREAS, Chesterfield County employees have served, and in some cases, still are serving, in all branches of the U.S. military active or reserve forces; and WHEREAS, in recognition of the service and sacrifices of those who serve in the U.S. military, the first Armed Forces Day was celebrated on May 20, 1950, and has been observed annually since then; and WHEREAS, this year, Armed Forces Day will be observed on Saturday, May 18; and WHEREAS, it is appropriate to recognize the selfless and patriotic service of all Chesterfield County employees who have served, or who currently are serving, in the active or reserve components of the Army, Marines, Navy, Air Force and Coast Guard. 13-237 04/24/13 NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 24th day of April 2013, publicly recognizes the important contributions to national security of the Chesterfield County employees who have served in the United States military, and on behalf of all residents of Chesterfield County, expresses gratitude for their service. AND, BE IT FURTHER RESOLVED that a copy of this resolution be presented to representatives of each of the armed forces; that this resolution be prominently displayed through the end of May 2013 in the county's Main Administration Building; 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. Ms. Jaeckle presented the executed resolution to representatives of each of the armed forces and expressed her gratitude for their service. Each Board member expressed their gratefulness for the patriotic service of all Chesterfield County employees who have served in the United States military. 5.B. RECOGNIZING MR. WILLIAM C. "BILL" EARP, ENVIRONMENTAL ENGINEERING DEPARTMENT, UPON HIS RETIREMENT Mr. Smedley introduced Mr. William C. "Bill" Earp, who was present to receive the resolution. On motion of Mr. Holland, seconded by Mr. Elswick, the Board adopted the following resolution: WHEREAS, Mr. William C. "Bill" Earp will retire on May 1, 2013, after providing thirty years of dedicated and faithful service to Chesterfield County; and WHEREAS, Mr. Earp began his service with Chesterfield County in the Department of Environmental Engineering, Drainage Division, as a heavy equipment operator on March 28, 1983; and WHEREAS, Mr. Earp was promoted to principal labor crew chief on July 1, 1987; and WHEREAS, Mr. Earp was selected as the Environmental Engineering Department Employee of the Year in 1996; and WHEREAS, Mr. Earp assisted with developing the staff and equipment levels needed to establish the BMP Maintenance Division in Environmental Engineering in 2000; and WHEREAS, Mr. Earp spent the past thirty years tirelessly maintaining the stormwater infrastructure for the citizens of Chesterfield County; and WHEREAS, Mr. Earp and his crew worked diligently repairing infrastructure damaged by flooding from tropical storms Fran, Isabel, Gaston and Irene; and J J J 13-238 04/24/13 WHEREAS, Mr. Earp has worked tirelessly to respond during emergency situations including snow storms, ice storms, tornados and other severe weather events, always reporting to work despite the hazardous conditions, to ensure that county roads were cleared for emergency vehicles; and WHEREAS, Mr. Earp participated in several large capital improvement .projects to improve the county's drainage infrastructure; and WHEREAS, in recognition of his dedication and exceptional job performance, Mr. Earp has received numerous letters of appreciation from county citizens for his excellent customer service; and WHEREAS, Mr. Earp always performed his duties and responsibilities in a professional manner and placed the welfare and safety of citizens and fellow county employees above his own personal comfort and will be missed by his fellow coworkers and customers. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 24th day of April 2013, publicly recognizes Mr. William C. "Bill" Earp and extends appreciation for his thirty years of dedicated service to the county, congratulations upon his retirement and best wishes for a long, healthy and happy retirement. AND, BE IT FURTHER RESOLVED that a copy of this resolution be presented to Mr. Earp 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. Ms. Jaeckle presented the executed resolution to Mr. Earp and commended him on his many years of loyal and dedicated service. Mr. Stegmaier presented Mr. Earp with an acrylic statue and county watch and expressed appreciation for his outstanding service to the county. Mr. Earp, accompanied by his family, expressed his appreciation to the Board for the recognition. 5.C. RECOGNIZING MAY 2013 AS "OLDER AMERICANS MONTH" IN CHESTERFIELD COUNTY Ms. Leidheiser introduced Miss Ashley Nuckols, Miss Natalie Berry, Miss Grace Ferree, Miss Afton Elisabeth Mueller, Mr. Jonathan Golden, Mr. Ethen Roberts, Miss Nyla Jones, Miss Alexa Rose, Miss Kendall Schenck, Miss Talyah Rawls, Miss Talaiyah Dickerson and Mr. Christopher Chavez, who were present to receive the resolution. On motion of Mr. Holland, seconded by Mr. Elswick, the Board adopted the following resolution: WHEREAS, Chesterfield County is a community that includes a growing population of citizens age 60 and older; and 13-239 04/24/13 WHEREAS, the U.S. Administration May as a time to recognize older Ames this year's Older Americans Month, Age," which highlights the importance their experience, wisdom, knowledge other generations; and on Aging has designated °icans and the theme for "Unleash the Power of of older adults sharing and understanding with WHEREAS, Chesterfield County and the Office of the Senior Advocate are committed to valuing all individuals and recognizing their ongoing life achievements; and WHEREAS, the older adults in Chesterfield County play an important role by continuing to contribute experience, knowledge, wisdom, and accomplishments; and WHEREAS, our older adults are active community members involved in volunteering, mentorship, arts and culture, and civic engagement; and WHEREAS, recognizing the successes of community elders encourages their ongoing participation and further accomplishments; and WHEREAS, many organizations and Chesterfield County departments provide services and programs to help older residents in Chesterfield County lead active, fulfilling and independent lives and to remain in their homes. WHEREAS, Senior Connections, The Capital Area Agency on Aging and the United Way of Greater Richmond and Petersburg are leading Age Wave Plan efforts to benefit all ages and communities in Planning District 15, and Chesterfield County has formed an Age Wave committee; and WHEREAS, Chesterfield TRIAD declares May 1, as Senior Day in Chesterfield County; and WHEREAS, the Senior Advocate's office sponsored an essay contest for fourth and fifth grade Chesterfield County students to acknowledge positive older adult role models, celebrate intergenerational relationships and demonstrate good writing skills, and Ashley Nuckols is being recognized as the grand prize winner of the contest in which she acknowledged her Granny as her inspiration; and WHEREAS, the following students are being recognized as the school winners in the contest: Natalie Berry, A. M. Davis Elementary School; Grace Ferree, Bettie Weaver Elementary School; Afton Elisabeth Mueller, Bon Air Elementary School; Jonathan Golden, Clover Hill Elementary School; Ethen Roberts, Curtis Elementary School; Nyla Jones, Ecoff Elementary School; Alexa Rose, Elizabeth Scott Elementary School; Kendall Schenck, Evergreen Elementary School; Talyah Rawls, Greenfield Elementary School; Talaiyah Dickerson, Jacob's Road Elementary School; Christopher Chavez, Robious Elementary School. NOW, THEREFORE, BE IT County Board of Supervisors, publicly recognizes May 2013 urges every citizen to take older adults and the people powerful and vital citizens community. RESOLVED that the Chesterfield this 24th day of April 2013, as "Older Americans Month" and time this month to recognize who serve and support them as who greatly contribute to the Ayes: Jaeckle, Elswick, Warren, Holland and Gecker. Nays: None. J J J 13-240 04/24/13 Ms. Jaeckle expressed appreciation for all of the work being done for older Americans and presented the executed resolutions to the student winners of the essay contest. Each student expressed appreciation to their older adult role models, who inspired their essays. 7. DEFERRED ITEMS 7.A. ADOPTION OF THE FY2014-FY2018 CAPITAL IMPROVEMENT PROGRAM Mr. Carmody provided details of the following proposed revisions to the FY2014-FY2018 Capital Improvement Program: 1. Shift satellite fleet facility to the last year of the CIP ($950,000 in FY2018.) 2. Reduce the FY2014 transfer to the CIP by $150,000 for Henricus Historical Park. 3. Restore Robious Library funding in the amount of $12.5 million beginning in FY2015. Planned funding consists of $10.1 million in debt financing and $2.4 million in capital reserve funding. 4. Reallocate sources of funding totaling $5.9 million between the Courthouse/Route 288 Fire Station and the Radio System Project. 5. Extend the $304 million school bond funded projects over a seven year period. Mr. Gecker made a motion, seconded by Mr. Holland, for the Board to adopt the FY2014-FY2018 Capital Improvement Program with proposed revisions as presented. Ayes: Jaeckle, Elswick, warren, Holland and Gecker. Nays: None. 7.B. ADOPTION OF RESOLUTION APPROPRIATING FUNDS FOR FY2014 Mr. Carmody stated the Appropriations Resolution will reflect changes that the Board approved with the budget on April 10th, and any of the described changes if the Board approves them today. He also updated the Board on the additional $560,000 in state funding that has been added for Schools, as requested by the Board. Mr. Holland made a motion, seconded by Mr. Gecker, for the Board to adopt the resolution appropriating funds for FY2014 with proposed revisions as presented. Mr. Gecker expressed his appreciation to Mr. Holland, Mr. Stegmaier, Mr. Carmody, Mr. Harris, deputies and Budget staff for their hard work. He stated the county is still running down a narrow course, steering the Board in an appropriate direction as citizen service is continued to be focused on. He further stated it has been a privilege to serve on the Budget and Audit Committee with Mr. Holland. Mr. Holland also expressed his appreciation Dr. Newsome, Mr. Stegmaier, Mr. Carmody and Budget staff for their continued commitment and hard work. He stressed the importance of achieving excellence for the sake of the county. 13-241 04/24/13 Mr. Stegmaier expressed his appreciation for the Board's accomplishments in terms of preserving the most critical services for citizens and putting the county on a foundation that will allow for progress as a result of an inflection point in the economy. He recognized Mr. Carmody, Budget staff, directors and county staff for their outstanding efforts and continued dedication. Ms. Jaeckle also expressed her appreciation to Mr. Carmody and Budget staff for their hard work and perseverance. Ms. Jaeckle then called for a vote on the motion made by Mr. Holland, seconded by Mr. Gecker, for the Board to adopt the following resolution, with approved changes, appropriating funds f or FY2 014 A RESOLUTION TO APPROPRIATE DESIGNATED FUNDS AND ACCOUNTS FROM DESIGNATED ESTIMATED REVENUES FOR FY2014 FOR THE OPERATING BUDGETS AND THE CAPITAL IMPROVEMENT PROGRAM FOR THE COUNTY OF CHESTERFIELD, VIRGINIA BE IT HEREBY RESOLVED by the Board of Supervisors of the County of Chesterfield: That for the fiscal year beginning on the first day of July 2013 and ending on the thirtieth day of June 2014, the following sections shall be adopted: Sec. 1 The following designated funds and accounts shall be appropriated from the designated estimated revenues to operate and provide a capital improvement program for the county. It is the intent of the Board of Supervisors that general property taxes levied on January 1, 2013, and due December 5, 2013, be appropriated for FY2014. FY2014 Amended General Fund Estimated Revenue: Local Sources: General Property Taxes $360,270,100 Other Local Taxes 104,913,900 Licenses, Permits, & Fees 4,239,400 Fines, Forfeitures & Uses of Money & Property 2,664,100 Service Charges 31,645,600 Miscellaneous and Recovered Costs 13,039,400 Other Agencies: State and Federal 141,538,000 Other Financing Sources: Use of Restricted, Committed, or Assigned Fund Balance 22,353,600 Transfer from County Grants Fund 1,251,300 Transfer from Mental Health, Support Services 120,000 Transfer from Fleet Management 12,900 Transfer from Water Operating Fund 593,000 Transfer from Wastewater Operating Fund 2,200 13-242 04/24/13 J J J Unassigned Fund Balance 7/1/2013 53,495,000 Total Revenues $736,138,500 Appropriations 6/30/2014 54,500,000 Total General Fund: $736,138,500 *Plus encumbrances carried forward in all funds in an amount not to exceed $15 million, which will be reappropriated into the fiscal year beginning July 1, 2013. (See "Section 5") General Government $49,004,000 Administration of Justice 8,698,000 Public Safety 159,051,200 Public Works 16,936,100 Health & Welfare 67,298,500 Parks, Recreation, Cultural 18,605,200 Community Development 17,393,500 Debt Service 22,612,900 Operating Transfers 320,144,600 Assignments 1,894,500 Unassigned Fund Balance, Comprehensive Services Fund Estimated Revenue: Reimbursement, Colonial Heights $273,000 State Aid, Comprehensive Services 3,807,400 Transfer from Social Services 445,200 Transfer from Schools 921,100 Transfer from General Fund 1,229,200 Use of Unrestricted Net Assets 731,800 Total Revenues and Funding Sources $7,407,700 Appropriations Operating Expenses $7,407,700 Total Appropriations $7,407,700 School Operating Fund Estimated Revenue: Local Sources $22,154,500 State 224,194,600 Federal 33,034,100 Transfer from School Operating 652,800 Transfer from School Food Service 1,000,000 Use of Reserve 1,676,200 Transfer from General Fund: State Sales Tax 58,084,600 Local Taxes 227,995,700 Prior Year Revenue 6,419,500 Grounds Maintenance 1,844,400 Total General Fund 294,344,200 Use of Assigned Fund Balance 1,000,000 Total Revenues and Funding Sources $578,056,400 Appropriations Instruction $385,641,000 Administration, Attendance & Health 21,254,000 Pupil Transportation 29,618,700 Operations & Maintenance 57,189,300 * 13-243 04/24/13 Technology 14,273,000 Debt Service 43,360,000 Food Service 23,652,800 Grounds Maintenance 1,844,400 Transfer and Assignment for School Capital Projects 1,223,200 Total Appropriations $578,056,400 Schools - Appomattox Regional Governors School Fund Estimated Revenue: Local Sources $2,605,000 State 1,045,000 Total Revenues and Funding Sources $3,650,000 Appropriations Education $3,650,000 Total Appropriations $3,650,000 Countv Grants Fund Estimated Revenue: Other Governments 11,060,000 Transfer from General Fund 1,247,900 Use of Restricted, Committed, or Assigned Fund Balance 24,400 Total Revenues and Funding Sources $12,332,300 Appropriations Adult Drug Court $646,600 Clerk of the Circuit Court Technology Trust Fund 201,100 Community Corrections Services Domestic Violence Victim Advocate (V-STOP) 59,900 Community Development Block Grant 1,777,400 Community Services Board Part C 1,476,300 Domestic Violence Prosecutor 105,100 Families First 519,400 Fire & EMS Revenue Recovery 5,782,300 Juvenile Drug Court Grant 307,500 Police Grants Domestic Violence Coordinator 50,300 USDA Juvenile Detention Grant 75,000 Victim/Witness Assistance 487,000 Virginia Juvenile Community Crime Act (VJCCCA) 844,400 Total Appropriations $12,332,300 Countv CIP Fund Estimated Revenue: Transfer from General Fund $14,659,000 General Obligation Bonds 2,506,700 Lease/Purchase Proceeds 1,285,000 Developer Contributions 2,839,800 Transfer from Cash Proffers 677,800 Grants 10,150,000 Other/Interest Earnings 130,000 Total Revenues $32,248,300 Appropriations County Capital Projects 29,408,500 13-244 J J J 04/24/13 Transfer to Capital Projects from Cash Proffers 677,800 Transfer to School Capital Projects Funds 2,162,000 Total County CIP Funds $32,248,300 Schools CIP Fund Estimated Revenue: Bond Proceeds 42,600,000 Transfer from Cash Proffer Fund 2,162,000 State Technology Funds 1,800,000 Transfer from School Food Service 1,223,200 Total Revenues and Transfers $47,785,200 Appropriations School Capital Projects Total Appropriations *An additional $6,484,000 savings is already approp capital project fund that for new projects. 47,785,200 $47,785,200 in school project riated in the school will be reallocated Fleet Management and Radio Shop Estimated Revenue: Fleet Management Charges $20,210,000 Radio Shop Charges 2,089,100 Total Revenues and Funding Sources $22,299,100 Appropriations Fleet Management Operations $20,210,000 Radio Shop Operations 2,089,100 Total Appropriations $22,299,100 Capital Projects Management Fund Estimated Revenue: Reimbursement for Services $775,000 Total Revenue $775,000 Construction Management Appropriations Operations $775,000 Total Appropriations $775,000 Risk Management Fund Estimated Revenue: Operating Revenues $7,711,300 Use of Unrestricted Net Assets 7,912,900 Total Revenues $15,624,200 Appropriations Risk Management Operations $7,661,300 Use of Unrestricted Net Assets 7,962,900 Total Appropriations $15,624,200 Airport Fund Estimated Revenue: Operating Revenue $666,800 Transfer from General Fund 36,500 Total Revenues $703,300 Appropriations Airport Operations $666,800 Airport Capital Improvements 36,500 Total Appropriations $703,300 13-245 04/24/13 Utilities Funds Estimated Revenue: Service Charges $75,500,000 Capital Cost Recovery Charges 11,531,000 Hydrant/Fire Protection 589,600 Other Revenue 8,918,300 Use of Unrestricted Net Assets 4,439,900 Total Revenues $100,978,800 Appropriations Operations $56,435,100 Debt Service 7,005,100 Transfer to Capital Projects Fund 36,949,000 Payment in Lieu of Taxes 589,600 Total Appropriations $100,978,800 Utilities Capital Project Funds Estimated Transfer from Revenue: Improvement/Replacement Fund $36,949,000 Total Revenues $36,949,000 Appropriations Capital Projects $36,949,000 Total Appropriations $36,949,000 Sec. 2 Appropriations in addition to those contained in the general appropriation resolution may be made by the Board only if there is available in the fund an unencumbered and unappropriated sum sufficient to meet such appropriations. Sec. 3 The County Administrator may, as provided herein, except as set forth in Sections 7, 12, 13, 14, 15, 16 and 18, authorize the transfer of any unencumbered balance or portion thereof from one classification of expenditure to another within the same department or appropriation category. Unless otherwise provided below, the County Administrator may transfer up to $50,000 from the unencumbered appropriated balance and prior year end carry forward assignments from one appropriation category (including assigned fund balance) to another appropriation category. No more than one transfer may be made for the same item causing the need for a transfer, unless the total amount to be transferred for the item does not exceed $50,000. Sec. 4 The County Administrator may increase appropriations for non-budgeted revenue that may occur during the fiscal year as follows: a) Insurance recoveries received for damage to any county property, including vehicles, for which County funds have been expended to make repairs. b) Refunds or reimbursements made to the county for which the county has expended funds directly related to that refund or reimbursement. c) Revenue not to exceed $50,000. J J J 13-246 04/24/13 Sec. 5 All outstanding encumbrances, both operating and capital, in all county funds up to $15 million, at June 30, 2013 shall be an amendment to the adopted budget and shall be reappropriated to the 2014 fiscal year to the same department and account for which they were assigned in the previous year subject, if applicable, to any public hearing requirements. At the close of the fiscal year, all unassigned appropriations lapse for budget items other than: capital projects; general fund transfers for capital projects and grants; construction assignments for capital projects; assignments for county and school future capital projects; other use of restricted, committed, or assigned fund balances; District Improvement Funds; donations restricted to specific purposes; federal and state grants, PPTRA revenues; other revenue and program income; revenue recovery funds; Title IV-E funds; cash proffers; all tax revenues received for special assessment districts and interest earnings thereon; Fire and Emergency Medical Services apparatus funding; Economic Development incentive funds; actual transient occupancy tax revenues received and budgeted expenditures in connection with the Richmond Convention Center; and refunds for off-site and oversized water and wastewater facilities. Any funds budgeted in a given fiscal year that are specifically budgeted to add to an assignment of fund balance shall be automatically authorized to be assigned during the year end audit process. Revenues received from health gain-sharing proceeds will become an automatic assignment during the year end audit process. All excess revenues and results of expenses in the telecommunications program is authorized to become an automatic assignment for future telephone system upgrades. Sec. 6 Appropriations designated for capital projects will not lapse at the end of the fiscal year. The County Administrator may approve transfers between funds to enable the capital projects to be accounted for correctly. Upon completion of a capital project, staff is authorized to close out the project and transfer any remaining balances to the original funding source. The County Administrator may approve construction contract change orders up to an increase of $49,999 and approve all change orders for reductions to contracts. The Board of Supervisors must approve all change orders of $50,000 or more or when the aggregate of all changes to a contract exceeds 100 of the original contract amount or 20% if the original contract is for less than $500,000. Sec. 7 The County Administrator is authorized to approve transfers among Utilities funds and capital projects as long as funding sources are consistent and total net appropriation is not increased. Should the actual contract price for a project be less than the appropriation, the County Administrator may approve the transfer of excess funds back to the original funding source upon completion of the project. 13-247 04/24/13 Sec. 8 Upon completion of a grant program, the County Administrator is authorized to close the grant and transfer balances back to the funding source. The County Administrator is authorized to reprogram Community Development Block Grant funds by closing program cost centers and transferring funding to newly approved programs based on adoption by the Board of Supervisors. Sec. 9 The County Administrator may reduce revenue and expenditure appropriations related to programs, functions, or departments funded all or in part by the Commonwealth of Virginia and/or the federal government to the level approved by the responsible state or federal agency. Sec. 10 The Director of Accounting is authorized to make transfers to various funds for which there are transfers budgeted. The Director shall transfer funds only as needed up to amounts budgeted, or in accordance with any existing bond resolutions that specify the manner in which transfers are to be made. Sec. 11 The Treasurer may advance monies to and from the various funds of the county to allow maximum cash flow efficiency. The advances must not violate county bond covenants or other legal restrictions that would prohibit such an advance. The Treasurer may also advance cash in support of employee benefit accounts. Sec. 12 The County Administrator is authorized to make expenditures from Trust & Agency Funds for the specified reasons for which the funds were established. In no case shall the expenditure exceed the available balance in the fund. Sec. 13 The County Administrator is authorized to transfer among appropriation categories and/or appropriate funds and assignments of fund balance in excess of $50,000 for supplemental retirement, Workers' Compensation, healthcare for retirees and other compensation-related costs, as well as for transfers to departments to cover energy/fuel costs. Sec. 14 The County Administrator may appropriate revenues and increase expenditures in excess of $50,000 for funds received by the county from asset forfeitures for expenditures related to drug enforcement or other allowable expenditures. The balance of these funds shall not lapse but be carried forward into the next fiscal year. Sec. 15 The County Administrator may increase the general fund appropriation in the School Operating Fund contingent upon availability of funds and other circumstances, based on the following schedule: a) Increase general fund transfer/appropriation on December 15 by $3,000,000. 13-248 J J J 04/24/13 b) Increase general fund transfer/appropriation on February 15 by $3,000,000. c) Increase general fund transfer/appropriation on May 5 by $3,000,000. Sec. 16 The County Administrator is authorized to reallocate funding sources for capital projects, arbitrage rebates/penalties, and debt service payments and to appropriate bond interest earnings to minimize arbitrage rebates/penalties, including the appropriation of transfers among funds to accomplish such reallocations. Budgets for specific capital projects will not be increased beyond the level authorized by Sections 3 and 4. The County Administrator is authorized to transfer cash proffers among capital projects to ensure spending in a timely manner as long as the capital improvement program net appropriation is not increased. Sec. 17 Salaries for Planning Commissioners will be increased equivalent to the merit increase county employees are eligible for. The effective date for pay increases, including the Planning Commission and the Board of Supervisors, may cross fiscal years. Sec. 18 The County Administrator is authorized to approve transfers among funds and capital projects as long as total net appropriation is not increased. Sec. 19 The Utilities Department rate stabilization assignment shall be maintained as per guidelines outlined below: a) The minimum annual contribution to the assignment will be 500 of the previous year's depreciation on fixed assets. b) The annual contribution continue until 1000 of on the fixed assets ~ beginning of a fiscal exceeds 100% of accutt reduction in the annu considered. to the assignment will accumulated depreciation .s funded. If at the year a reserve balance ~ulated depreciation, a ~1 contribution may be c) Funds cannot be used from the rate stabilization assignment if the balance falls below 250 of that utility's fixed asset accumulated depreciation, other than for Utility internal borrowing purposes. d) The declaration of a financial emergency by the Director of Utilities and a corresponding four- fifths vote by the Board of Supervisors at a publicly advertised meeting declaring the existence of such an emergency is required to suspend Sec. 19a, Sec. 19b, and Sec. 19c. Sec. 20 Upon adoption of this resolution, the School Board and/or the School Superintendent may make 13-249 04/24/13 expenditure and revenue changes within the school operating funds as follows: a) Transfers of $50, 000 or less are subject to the approval of the Superintendent. b) Transfers of $50,001 to $499,999 require the approval of the Superintendent and the School Board. c) Transfers of $500,000 or more require the approval of the Superintendent, the School Board, and the Board of Supervisors. e) The School Board and/or the School Superintendent shall prepare a budget status report reflecting changes to the approved school budget between appropriation categories, as amended, and the report shall be presented to the County Administrator quarterly. Sec. 21 In accordance with the requirements set forth in Section 58.1-3524 (C) (2) and Section 58.1-3912 (E) of the Code of Virginia, as amended by Chapter 1 of the Acts of Assembly (2004 Special Session 1) and as set forth in Item 503.E (Personal Property Tax Relief Program) of Chapter 951 of the 2005 Acts of Assembly, any qualifying vehicle situated within the County commencing January 1, 2006, shall receive personal property tax relief in the. following manner: a) Personal use vehicles valued at $1,000 or less will be eligible for 1000 tax relief; b) Personal use vehicles valued at $1,001 to $20,000 will be eligible for 62% tax relief; c) Personal use vehicles valued at $20,001 or more shall receive 62% tax relief on the first $20,000 of value; d) All other vehicles which do not meet the definition of "qualifying" (business use vehicles, farm use vehicles, motor homes, etc.) will not be eligible for any form of tax relief under this program. Pursuant to authority conferred in Item 503.D of the 2005 State Appropriations Act, the County Treasurer shall issue a supplemental personal property tax bill in the amount of 100 percent of tax due without regard to any former entitlement to state PPTRA .relief, plus applicable penalties and interest, to any taxpayer whose taxes with respect to a qualifying vehicle for tax year 2005 or any prior tax year remain unpaid on September 1, 2006, or such date as state funds for reimbursement of the state share of such bill have become unavailable, whichever occurs first. f) Penalty and interest with respect to bills issued pursuant to this section shall be computed on the entire amount of tax owed. Interest shall be computed at the rate provided in Section 9-51 of the county code from the original due date of the tax. 13-250 J J J 04/24/13 Sec. 22 The County Administrator is authorized to reduce a department's current year budget appropriation. by a dollar amount equal to the prior year's overspending inclusive of encumbrances carried forward. Sec. 23 The following change is relevant only to clarification in the supplemental retirement program documents and is effective immediately upon adoption. "Taxable wage Base" means, with respect to any calendar year, the contribution and benefit base in effect under Section 230 of the Social Security Act at the beginning of the calendar year. Notwithstanding the foregoing, for calendar years after 2012, the Taxable Wage Base shall be the prior year's Taxable Wage Base increased by an adjustment factor equal to the smaller of five percent (50) and a ratio, the numerator of which is the CPI-U determined for the month of September immediately preceding the current January 1 and the denominator of which is the CPI-U for the month of September preceding the previous January 1, with the ratio, so determined, reduced by 1.0. The term CPI-U shall mean the Consumer. Price Index for Urban Workers, U.S. City average, All items (1982-84=100) as published by the Department of Labor, Bureau of Labor Statistics. Ayes: Jaeckle, Elswick, Warren, Holland and Gecker. Nays: None. 8. NEW BUSINESS 8.A. REFERENDUM RESOLUTIONS 8.A.1. ADOPTION OF A RESOLUTION AUTHORIZING THE COUNTY TO CONTRACT DEBT BY ISSUING GENERAL OBLIGATION BONDS, AND REQUESTING THE CIRCUIT COURT TO ORDER AN ELECTION ON THE QUESTION OF CONTRACTING DEBT BY ISSUING GENERAL OBLIGATION BONDS TO FINANCE PUBLIC IMPROVEMENTS Mr. Carmody stated the Board of Supervisors is requested to consider the adoption and approval of a resolution, which requests the Circuit Court of the county to order an election authorizing the county to contract debt and issue general obligation bonds for various school and general government public improvements, in the maximum amount of $353,000,000 for the following purposes: $304,000,000 for capital school improvement projects; and $49,000,000 for public safety improvement projects. Mr. Holland made a motion, seconded by Mr. Gecker, for the Board to adopt a resolution authorizing the county to contract debt by issuing general obligation bonds, and requesting the Circuit Court to order an election on the question of contracting debt by issuing general obligation bonds to finance public improvements. Mr. Holland indicated his approval of the resolution. He further stated Chesterfield County will continue to be a first choice community. Mr. Gecker stated the purpose of the proposed bonds is essential to the long term future of Chesterfield County. Ms. Jaeckle called for the vote on the motion made by Mr. Holland, seconded by Mr. Gecker, for the Board to adopt the following resolution authorizing the county to contract debt 13-251 04/24/13 by issuing general obligation bonds, and requesting the Circuit Court to order an election on the question of contracting debt by issuing general obligation bonds to finance public improvements: A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF CHESTERFIELD, VIRGINIA, DETERMINING THE ADVISABILITY FOR SUCH COUNTY TO CONTRACT DEBT AND ISSUE GENERAL OBLIGATION BONDS IN THE MAXIMUM AMOUNT OF THREE HUNDRED FIFTY-THREE MILLION DOLLARS ($353,000,000) FOR THE PURPOSE OF FINANCING THE COSTS OF PUBLIC IMPROVEMENT PROJECTS IN SUCH COUNTY, SUCH BONDS TO BE ISSUED IN THE MAXIMUM AMOUNT OF THREE HUNDRED FOUR MILLION DOLLARS ($304,000,000) FOR CAPITAL SCHOOL IMPROVEMENT PROJECTS AND IN THE MAXIMUM AMOUNT OF FORTY-NINE MILLION DOLLARS ($49,000,000) FOR PUBLIC SAFETY IMPROVEMENT PROJECTS, AND REQUESTING THE CIRCUIT COURT OF SUCH COUNTY TO ORDER AN ELECTION ON THE QUESTIONS OF AUTHORIZING SUCH COUNTY TO CONTRACT SUCH DEBT AND ISSUE SUCH GENERAL OBLIGATION BONDS WHEREAS, there has been presented to and filed with the official records of the Board of Supervisors (the "Board of Supervisors") of the County of Chesterfield, Virginia (the "County"), a certified copy of a resolution unanimously adopted by the School Board of the County at a regular meeting held on April 23, 2013, pursuant to Section 15.2-2640 of the Code of Virginia, 1950, requesting the Board of Supervisors to request the Circuit Court of the County to order an election on the question of authorizing the County to contract a debt and issue general obligation bonds of the County in a principal amount of not to exceed Three Hundred Four Million Dollars ($304,000,000) for the purpose of financing the cost of capital school improvement projects in the County; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF CHESTERFIELD, VIRGINIA: 1. It is hereby determined that it is advisable for the County to contract debt and to issue general obligation bonds of the County in the maximum amount of Three Hundred Fifty-three Million Dollars ($353,000,000) under the provisions of Chapter 26 of Title 15.2 of the Code of Virginia, 1950 (the same being the Public Finance Act of 1991), for the purpose of financing the costs of public improvement projects in the County, such bonds to evidence such debt to be issued in the maximum amounts and for the purposes set forth below: (a) general obligation bonds in the maximum amount of Three Hundred Four Million Dollars ($304,000,000) for capital school improvement projects, including acquisition of future school sites and such other capital school improvements as may be required by the actual educational needs in the County; and (b) general obligation bonds in the maximum amount of Forty-nine Million Dollars ($49,000,000) for public safety improvement projects in the County. 2. The full faith and credit of the County shall be pledged to the payment of the principal of and premium, if any, and interest on all of such bonds, and for so long as any of such bonds are outstanding and unpaid, the Board of Supervisors shall be authorized and required to levy and collect annually, at the same time and in the same manner as other taxes of the County are assessed, levied and collected, a tax upon all taxable property within the County, over and above all other taxes, authorized or limited by law and 13-252 J J J 04/24/13 without limitation as when due the principal on such bonds to the e~ lawfully available and to rate or amount, of and premium, if :tent other funds of sufficient to pay any, and interest the County are not appropriated for such purpose. 3. The Circuit Court of the County, or any judge thereof , is hereby requested to order an election to be held in the County on November 5, 2013 pursuant to Sections 15.2- 2610 and 15.2-2611 of the Code of Virginia, 1950, on the questions of whether the County shall be authorized to contract the debts and to issue general obligation bonds of the County in the maximum amounts and for the purposes set forth in Paragraph 1. The Circuit Court of the County, or any judge thereof, is hereby further requested to enter such order on or before August 16, 2013, to permit such election to be held on November 5, 2013, in accordance with the provisions of Section 24.2-682 of the Code of Virginia, 1950. 4. The Clerk of the Board of Supervisors shall file a certified copy of this resolution with the Circuit Court of the County, or any judge thereof. 5. All resolutions and proceedings in conflict herewith are, to the extent of such conflict, hereby repealed. 6. This resolution shall take effect upon its adoption. Ayes: Jaeckle, Elswick, Warren, Holland and Gecker. Nays: None. 8.A.2. ADOPTION OF A RESOLUTION AUTHORIZING THE COUNTY TO REQUEST THE CIRCUIT COURT TO ORDER A SPECIAL ELECTION TO CONSIDER ADOPTING A MEALS TAX IN ORDER TO ADDRESS THE PUBLIC EDUCATION AND PUBLIC SAFETY CAPITAL NEEDS OF CHESTERFIELD COUNTY Mr. Carmody stated the proposal requests authorization of a resolution that would begin a process that would ultimately ask the voters whether or not they would consider the imposition of a meals tax that would directly support the financial costs associated with the revitalization of school facilities and the replacements of the public safety radio system. He further stated if the proposal is approved by voters in November, the Board of Supervisors would then have to adopt an ordinance to actually enact the tax and determine the rate, which has a maximum permissible level of four percent. Mr. Holland made a motion, seconded by Mr. Warren, for the Board to adopt a resolution authorizing the county to request the Circuit Court to order a special election to consider adopting a meals tax in order to address the public education and public safety capital needs of Chesterfield County. Mr. Elswick stressed the importance of addressing the issues of revitalization of county schools and pupil/teacher ratio as a part of the meals tax. He stated the meals tax will diversify the county's revenue portfolio. In response to Mr. Warren's question, Mr. Mincks stated the resolution includes meeting capital needs. He further stated addressing pupil/teacher ratio would entail operational expenses. He noted a substitute motion could be made to change the resolution. He stated the motion before. the Board 13-253 04/24/13 deals with capital needs and would not be inclusive of operational expenses such as pupil/teacher ratio. Mr. Gecker expressed concerns relative to binding the use of funds once those funds are appropriated to the School division. He stated by November, those projects that are deemed a priority should be well identified and publicized and will be funded by the bonds that are supported by the meals tax increase. He noted he has been pushing for a change to PTR for some time. Ms. Jaeckle expressed concerns relative to tying a meals tax to operational expenditures. She stressed that the importance of the meals tax would support the bonding of specific projects. She noted a sunshine clause could be enforced in the future in order to accelerate bond payments. Mr. Elswick stated the School Board and the Board of Supervisors need to be in full agreement relative to where funds are allocated for future projects. Mr. Holland stressed the importance of authorizing the proposed resolution to address capital needs within the School division. He urged the Board to move forward with the adoption of the resolution as presented. Mr. Warren stated the Board members need to be united on the issue of the bond referendum. He further stated it is vital that the School Board and Board of Supervisors be in absolute unison on the issue. He noted he believes Mr. Elswick's position regarding PTR and priorities is strong and needs to be addressed in the future. He stated the information that goes before the public needs to be simple and clear and not complicated with additional issues that may cause a split vote. Mr. Elswick stated he is in full support of the meals tax, but would like to address the issue of PTR in the future. Mr. Holland stressed the importance of a clear and simple message to the voters. Ms. Jaeckle called for a vote on the motion made by Mr. Holland, seconded by Mr. Warren, for the Board to adopt the following resolution authorizing the county to request the Circuit Court to order a special election to consider adopting a meals tax in order to address the public education and public safety capital needs of Chesterfield County: RESOLUTION REQUESTING THE CIRCUIT COURT OF CHESTERFIELD COUNTY TO ORDER A REFERENDUM ELECTION ON THE QUESTION OF WHETHER CHESTERFIELD COUNTY SHOULD BE AUTHORIZED TO LEVY A MEALS TAX IN ACCORDANCE WITH VIRGINIA CODE ~ 58.1-3833 WHEREAS, the Board of Supervisors of Chesterfield County, Virginia (the "Board") has determined that due to declines in funding from federal, state, and other sources, a new funding source is necessary in order to continue to address the capital needs for providing the citizens of Chesterfield County with public safety and public education services; and WHEREAS, for the purposes of providing the additional funding necessary to address the capital needs for providing public education and public safety services, the Board deems it advisable to consider levying a tax on prepared food and J J J 13-254 04/24/13 beverages, in accordance with Va. Code § 58.1-3833 (the "meals tax"); and WHEREAS, in order for the Board to consider levying a meals tax, the citizens of the County must approve such a meals tax in a referendum election held in accordance with Va. Code § 24.2-684; and WHEREAS, it is the desire of the Board to request the Circuit Court of Chesterfield County, Virginia to order an election to be held on November 5, 2013, upon the question of whether a meals tax should be levied in the County for the purpose of assisting in the funding of the public education and public safety capital needs of County citizens. NOW, THEREFORE, BE IT RESOLVED by the Board: 1. It is hereby determined that, pursuant to Va. Code § 58.1-3833, it is advisable for the County to seek the authority from its citizens for its Board to impose a meals tax, if the Board deems that such a meals tax is necessary in order to address the capital needs for the public education and public safety of County citizens. 2. The Circuit Court of Chesterfield County, Virginia is hereby requested to order a referendum election on November 5, 2013 upon the question of whether the Board should be authorized to levy a meals tax in the County, in an amount no greater than four percent (4%) of the amount charged for prepared food and beverages, for the purposes stated in numbered paragraph one above. 3. The County Attorney shall file a certified copy of this Resolution with the Circuit Court of Chesterfield County and shall submit to the Circuit Court of Chesterfield County for entry a draft Order calling for such a referendum election on November 5, 2013. 4. Upon entry of the Order for a referendum election by the Circuit Court, the County Attorney shall submit a request to the United States Department of Justice for preclearance, pursuant to Section 5 of the United States Voting Rights Act of 1965, as amended, of the November 5, 2013 referendum election. 5. This Resolution shall take effect immediately upon its adoption. Ayes: Jaeckle, Elswick, Warren, Holland and Gecker. Nays: None. 8.B. APPOINTMENTS On motion of Mr. Holland, seconded by Mr. Gecker, the Board suspended its rules at this time to allow for simultaneous nomination/appointment/reappointment to the Camp Baker Management Board, Virginia's Gateway Region Board and the Community Policy and Management Team. Ayes: Jaeckle, Elswick, Warren, Holland and Gecker. Nays: None. 13-255 04/24/13 8.B.1. CAMP BAKER MANAGEMENT BOARD On motion of Mr. Warren, seconded by Mr. Gecker, the Board simultaneously nominated/reappointed Mr. Vincent Burgess and Mr. Dabney Short to serve on the Camp Baker Management Board, whose terms are effective May 1, 2013 and will expire April 30, 2016. Ayes: Jaeckle, Elswick, Warren, Holland and Gecker. Nays: None. 8.B.2. VIRGINIA'S GATEWAY REGION BOARD On motion of Mr. Holland, seconded by Mr. Warren, the Board simultaneously nominated/appointed Mr. Jim Daniels to serve on the Virginia's Gateway Region Board, whose term is effective April 24, 2013 and will expire December 31, 2013. Ayes: Jaeckle, Elswick, Warren, Holland and Gecker. Nays: None. 8.B.3. COMMUNITY POLICY AND MANAGEMENT TEAM On motion of Mr. Holland, seconded by Mr. Warren, the Board simultaneously nominated/appointed Mrs. Kiva Rogers to serve on the Community Policy and Management Team, who term is effective immediately and will expire on December 31, 2014. Ayes: Jaeckle, Elswick, Warren, Holland and Gecker. Nays: None. 8.C. STREETLIGHT INSTALLATION APPROVALS On motion of Mr. Holland, seconded by Mr. Elswick, the Board approved the following streetlight installation: Dale District • In the Woodland Pond subdivision, in the vicinity of 8803 Whistling Swan Road. Cost to install streetlight: $1,329.33 Ayes: Jaeckle, Elswick, Warren, Holland and Gecker. Nays: None. 8.D. CONSENT ITEMS 8.D.1. ADOPTION OF RESOLUTIONS 8.D.l.a. RECOGNIZING MS. DONNA R. CLARKE, PURCHASING DEPARTMENT, UPON HER RETIREMENT On motion of Mr. Holland, seconded by Mr. Elswick, the Board adopted the following resolution: WHEREAS, Ms. Donna R. Clarke will retire on July 1, 2013, after providing over thirty-seven years of dedicated and faithful service to Chesterfield County; and WHEREAS, Ms. Clarke began her service on August 14, 1975, as a Clerk Typist II and received promotions and position reclassifications over the years which include J J J 13-256 04/24/13 Secretary, .Senior Buyer, Contract Administrator, and Senior Contract Administrator; and currently holds the title of Senior Contract Officer; and WHEREAS, as a Senior Contract Officer with the Purchasing Department, Ms. Clarke procured goods, services, and construction for Chesterfield County Government and Chesterfield County Schools; and WHEREAS, through study, dedication, and written examination, Ms. Clarke received the prestigious honor of being awarded the Certified Professional Public Buyer (CPPB) designation by the National Institute of Governmental Purchasing; and WHEREAS, Ms. Clarke was a long-time member of professional procurement organizations including the National Institute of Governmental Purchasing (NIGP), the Virginia Association of Governmental Purchasing (VAGP), and the Capital Area Purchasing Association (CAPA); and WHEREAS, through dedication and perseverance and in accordance with the Purchasing Department's Cost Savings Program, Ms. Clarke has saved the taxpayers of Chesterfield County over $25 million on various goods and services from 1987 to the present date; and WHEREAS, Ms. Clarke has generated and administered numerous requirements contracts during her tenure which have very successfully met the needs of county and school departments through effective, efficient, and cost saving procurement techniques; and WHEREAS, Ms. Clarke was always willing to take on any challenge presented to her with a positive "can-do" attitude and always worked well in a team environment displaying a determined effort to stay with a project until it was successfully concluded; and WHEREAS, Ms. Clarke has always remained calm in her dealings with her customers and with vendors; and WHEREAS, Ms. Clarke has served successfully on many teams and projects during her tenure with the county and such contributions both as a team member and as an individual contributed to the excellence which made it possible for the Purchasing Department on October 25, 1999, to be the eighth public procurement entity within the United States, Canada, Ireland, and England and the first locality or state agency in Virginia to receive national accreditation for purchasing excellence by the National Institute of Governmental Purchasing; and WHEREAS, Ms. Clarke has actively volunteered within the Purchasing Department, organizing the department donations to CCHASM and the Christmas Mother, as well as volunteered her personal time on projects such as the James River Clean-up; and WHEREAS, Ms. Clarke has faithfully and effectively discharged her duties in each and every capacity with proficiency, dedication, and commitment to provide excellent customer service to the many customers which the Purchasing Department serves in both county and school operations; and WHEREAS, Ms. Clarke displayed a commitment to duty along with an unwavering commitment to the highest ethical and moral standards while continually seeking to obtain the best value for the taxpayers of Chesterfield County; and 13-257 04/24/13 WHEREAS, Ms. Clarke will be tremendously missed for the quality and caliber of her commitment and performance in the Purchasing Department and to its many customers. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes Ms. Donna R. Clarke, and extends on behalf of its members and the citizens of Chesterfield County, appreciation for her service to the county, congratulations upon her retirement, and best wishes for a long and happy retirement. Ayes: Jaeckle, Elswick, Warren, Holland and Gecker. Nays: None. 8.D.l.b. APPROVING THE REQUEST OF EAGLE MEDICAL TRANSPORTS, LLC TO OPERATE A NON-EMERGENCY AMBULANCE TRANSPORT SERVICE On motion of Mr. Holland, seconded by Mr. Elswick, the Board adopted the following resolution: WHEREAS, Eagle Medical Transports, LLC is requesting approval to operate a non-emergency ambulance transport service in Chesterfield County; and WHEREAS, the County has received a request from Eagle Medical Transports, LLC stating that this approval is required under state law; and WHEREAS, Eagle Medical Transports, LLC will not be a part of the County's emergency response system or a designated response agency for Chesterfield County; and WHEREAS, Eagle Medical Transports, LLC will ensure that emergency calls are referred to a 911 system and that it will conduct only non-emergency transports. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors hereby approves the request of Eagle Medical Transports, LLC to operate a non-emergency transport service in Chesterfield County. Ayes: Jaeckle, Elswick, Warren, Holland and Gecker. Nays: None. 8.D.2. STATE ROADS ACCEPTANCES On motion of Mr. Holland, seconded by Mr. Elswick, the Board adopted the following resolution: WHEREAS, the streets described below are shown on a plat 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 13-258 J J J 04/24/13 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: The Vineyard at Forest View Section 3 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 • Brevard Drive, State Route Number 7381 From: Fallen Pine Court (Route 7691) To: Mariposa Drive (Route 4502), a distance of: 0.10 miles. Recordation Reference: Plat Book 152, Page 33 Right of Way width (feet) = 50 feet. miles. Recordation Reference: Plat Book 152, Page 33 Right of Way width (feet) = 50 feet. • Brevard Drive, State Route Number 7381 From: 0.03 miles east of Forest Vine Place (Route 7688) To: Fallen Pine Court (Route 7691), a distance of: 0.03 • Fallen Pine Court, State Route Number 7691 From: Brevard Drive (Route 7381) To: The cul-de-sac, a distance of: 0.06 miles. Recordation Reference: Plat Book 152, Page 33 Right of Way width (feet) = 50 feet. 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. 13-259 04/24/13 Project/Subdivision: The Vineyard at Forest View Section 2 Type Change to the Secondary System miles of State HiQhwavs: Addition Reason for Change: New subdivision street Pursuant to Code of Virginia Statute: §33.1-229 Street Name and/or Route Number • Brevard Drive, State Route Number 7381 From: West Brevard Drive (Existing Route 7381) To: Forest Vine Place (Route 7688), a~distance of: 0.06 miles. Recordation Reference: Plat Book 169, Page 56 Right of Way width (feet.) = 50 feet. • Brevard Drive, State Route Number 7381 From: Forest Vine Place (Route 7688) To: East to the end of section, a distance of: 0.03 miles. Recordation Reference: Plat Book 169, Page 56 Right of Way width (feet.) = 50 feet. • Forest Vine Court, State Route Number 7690 From: Forest Vine Drive (Route 7689) To: The cul-de-sac, a distance of: 0.03 miles. Recordation Reference: Plat Book 169, Page 56 Right of Way width (feet.) = 50 feet. • Forest Vine Drive, State Route Number 7689 From: Forest Vine Court (Route 7690) To: The cul-de-sac, a distance of: 0.03 miles. Recordation Reference: Plat Book 169, Page 56 Right of Way width (feet.) = 50 feet. • Forest Vine Place, State Route Number 7688 From: Brevard Drive (Route 7381) To: The cul-de-sac, a distance of: 0.06 miles. Recordation Reference: Plat Book 169, Page 56 Right of Way width (feet.) = 50 feet. • Forest Vine Drive, State Route Number 7689 From: Brevard Drive (Route 7381) To: Forest Vine Court (Route 7690), a distance of: 0.07 miles. Recordation Reference: Plat Book 169, Page 56 Right of Way width (feet.) = 50 feet. And, further, the Board adopted the following resolution: WHEREAS, the street described below is shown on a plat 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. 13-260 J J J 04/24/13 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: Second Branch Section 6 - Portion of 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 • Hulsey Drive, State Route Number 5820 From: 0.14 miles north of Marek Drive (Route 5819) To: The cul-de-sac, a distance of: 0.19 miles. Recordation Reference: not applicable Right of Way width (feet) = 50 feet. 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. Project/Subdivision: Type Chancre to the Sec lia Green Section J y System miles of State Highways: Aaaition Reason for Change: New subdivision street Pursuant to Code of Virginia Statute: §33.1-229 Street Name and/or Route Number • Vicenzo Drive, State Route Number 7693 From: Casper Lane (Route 7694) To: The cul-de-sac, a distance of: 0.12 miles. Recordation Reference: Plat Book 209, Page 73 Right of Way width (feet) = 47 feet. • Vicenzo Drive, State Route Number 7693 From: Championship Crossing (Route 7540) To: Casper Lane (Route 7694), a distance of: 0.04 miles. Recordation Reference: Plat Book 209, Page 73 Right of Way width ( feet ) = 4 9 feet . 13-261 04/24/13 • Casper Lane, State Route Number 7694 From: Vicenzo Drive (Route 7693) To: The temporary turnaround, a distance of: 0.10 miles. Recordation Reference: Plat Book 209, Page 73 Right of Way width (feet) = 47 feet. 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. Project/Subdivision: Magnolia Green Parkway and Championship Crossing 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 • Magnolia Green Parkway, State Route Number 7692 From: Hull Street Road (Route 360) To: 0.35 miles north of Route 360, a distance of: 0.35 miles. Recordation Reference: Deed Book 9127, Page 0213 Right of Way width (feet) = Var. • Magnolia Green Parkway, State Route Number 7692 From: Championship Crossing (Route 7540) To: 0.01 miles west of Route 7540, a distance of: 0.01 miles. Recordation Reference: Deed Book 9127, Page 0213 Right of Way width (feet) = Var. • Championship Crossing, State Route Number 7540 From: 0.85 miles south of Route 7615 To: Magnolia Green Parkway (Route 7692), a distance of: 0.13 miles. Recordation Reference: Deed Book 9127, Page 0213 Right of Way width (feet) = Var. J J 13-262 04/24/13 • Championship Crossing, State Route Number 7540 From: 0.76 miles south of Route 7615 To: 0.85 miles south of Route 7615, a distance of: 0.09 miles. Recordation Reference: Deed Book 9127, Page 0213 Right of Way width (feet) = Var. • Magnolia Green Parkway, State Route Number 7692 From: 0.35 miles north of Route 360 To: Championship Crossing (Route 7540), a distance of: 0.09 miles. Recordation Reference: Deed Book 9127, Page 0213 Right of Way width (feet) = Var. • Championship Crossing, State Route Number 7540 From: Existing Route 7540, 0.01 miles south of Route 7615 To: 0.76 miles south of Route 7615, a distance of: 0.75 miles. Recordation Reference: Deed Book 9127, Page 0213 Right of Way width (feet) = Var. 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. Project/Subdivision: Coalfield Station Lane Type Change to the Secondary System miles of State Highways: n~~;t;~n Reason for Change: New subdivision street Pursuant to Code of Virginia Statute: X33.1-229 Street Name and/or Route Number • Coalfield Station Lane, State Route Number 7654 From: 0.02 miles west of Woolridge Road (Route 668) To: The end of maintenance, a distance of: 0.04 miles. Recordation Reference: Deed Book 8785, Page 454 Right of Way width (feet) = Variable. 13-263 04/24/13 ~ Coalfield Station Lane, State Route Number 7654 From: Woolridge Road (Route 668) To: 0.02 miles west of Woolridge Road (Route 668), a distance of: 0.02 miles. Recordation Reference: Deed Book 8785, Page 454 Right of Way width (feet) = Variable. Ayes: Jaeckle, Elswick, Warren, Holland and Gecker. Nays: None. 8.D.3. AUTHORIZATION FOR THE COUNTY ADMINISTRATOR TO EXECUTE THE SPECIAL PROJECT SERVICE AGREEMENT FOR SOLID WASTE TRANSPORTING AND DISPOSAL SERVICES THROUGH THE CENTRAL VIRGINIA WASTE MANAGEMENT AUTHORITY On motion of Mr. Holland, seconded by Mr. Elswick, the Board authorized the County Administrator to sign the Special Project Service Agreement with the Central Virginia Waste Management Authority for solid waste transporting and disposal services. Ayes: Jaeckle, Elswick, Warren, Holland and Gecker. Nays: None. $.D.4. APPROVAL OF CHANGE ORDER TO CONTRACT FOR ADDISON- EVANS WATER TREATMENT PLANT IMPROVEMENTS On motion of Mr. Holland, seconded by Mr. Elswick, the Board approved Change Order Number One for the Addison-Evans Water Treatment Plant flocculation and sedimentation basin improvements in the amount of $73,575.87 and authorized the County Administrator to execute the necessary documents. Ayes: Jaeckle, Elswick, Warren, Holland and Gecker. Nays: None. 8.D.5. REQUESTS FOR PERMISSION 8.D.5.b. FROM VALERIE R. PERKINS FOR AN EXISTING FENCE TO ENCROACH WITHIN AN EIGHT-FOOT EASEMENT ACROSS LOT 31, MEADOWBROOK FARM, SECTION I On motion of Mr. Holland, seconded by Mr. Elswick, the Board granted Valerie R. Perkins permission for an existing fence to encroach within an 8' easement across Lot 31, Meadowbrook Farm, Section I, 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. 8.D.5.C. FROM WOODLAKE UNITED METHODIST CHURCH FOR A PROPOSED SIGN TO ENCROACH WITHIN COUNTY UNIMPROVED RIGHT OF WAY ALONG HULL STREET ROAD On motion of Mr. Holland, seconded by Mr. Elswick, the Board granted Woodlake United Methodist Church permission for a proposed sign to encroach within county unimproved right of way along Hull Street Road at 15500 Hampton Park Drive, 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. J J J 13-264 04/24/13 8.D.6. REQUESTS TO QUITCLAIM 8.D.6.a. PORTION OF A VARIABLE WIDTH EMERGENCY ACCESS EASEMENT FOR CHESTERFIELD DEVELOPMENT, INCORPORATED On motion of Mr. Holland, seconded by Mr. Elswick, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute a quitclaim deed to vacate a portion of a variable width emergency access easement across the property of Chesterfield Development, Inc. (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. 8.D.6.b. PORTIONS OF A SIXTEEN-FOOT WATER EASEMENT ACROSS THE PROPERTY OF SABRA DIPPING COMPANY, LLC On motion of Mr. Holland, seconded by Mr. Elswick, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute a quitclaim deed to vacate portions of a 16' water easement across the property of Sabra Dipping Company, 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. 8.D.7. ACCEPTANCE OF A PARCEL OF LAND ALONG MEADOWVILLE TECHNOLOGY PARKWAY FROM CAPITAL ONE, N.A. On motion of Mr. Holland, seconded by Mr. Elswick, the Board accepted the conveyance of a parcel of land containing 0.081 acres along Meadowville Technology Parkway from Capital One, N.A., and authorized the County Administrator to execute the deed. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Jaeckle, Elswick, Warren, Holland and Gecker. Nays: None. 8.D.8. CONVEYANCE OF EASEMENT TO VIRGINIA ELECTRIC AND POWER COMPANY TO SERVE THE NEW ROBIOUS WATER TANK On motion of Mr. Holland, seconded by Mr. Elswick, the Board authorized the Chairman of the. Board of Supervisors and the County Administrator to execute an agreement with Virginia Electric and Power Company for a 25' underground easement to serve the new Robious Water Tank at 10901 Robious Road. (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. 13-265 04/24/13 8.D.9. APPROPRIATION OF FUNDS FOR IMPROVEMENTS TO THE ROUTE 10/OLD BERMUDA HUNDRED ROAD - MEADOWVILLE ROAD CROSSOVER AND EXTENSION OF LEFT TURN LANES ON ROUTE 10 AT RIVERS BEND BOULEVARD Ms. Jaeckle expressed her appreciation to the Transportation Department for working with VDOT. She stated improvements to the intersection will reduce accidents in the future. On motion of Mr. Holland, seconded by Mr. Elswick, the Board appropriated $30,000 in cash proffers from Shed 15 for (1) interim safety improvements at the Route 10/Old Bermuda Hundred-Meadowville Road crossover and (2) the extension of left turn lanes on eastbound Route 10 at Rivers Bend Boulevard. Ayes: Jaeckle, Elswick, Warren, Holland and Gecker. Nays: None. 8.D.10. TRANSFER OF DISTRICT IMPROVEMENT FUNDS FROM THE J3~KMUDA DISTRICT IMPROVEMENT FUND TO THE PARKS AND RECREATION DEPARTMENT TOWARD THE PURCHASE AND INSTALLATION OF PLAYGROUND EQUIPMENT AT BENSLEY PARK On motion of Mr. Holland, seconded by Mr. Elswick, the Board transferred $6,000 from the Bermuda District Improvement Fund to the Parks and Recreation Department toward the purchase and installation of playground equipment at Bensley Park. Ayes: Jaeckle, Elswick, Warren, Holland and Gecker. Nays: None. 8.D.11. SET DATES FOR PUBLIC HEARINGS 8.D.il.a. TO CONSIDER AN ORDINANCE DIVIDING MIDLOTHIAN VOTING PRECINCT IN MIDLOTHIAN MAGISTERIAL DISTRICT INTO TWO PRECINCTS On motion of Mr. Holland, seconded by Mr. Elswick, the Board set May 22, 2013, as the date for a public hearing to consider an ordinance dividing Midlothian Voting Precinct in Midlothian Magisterial District into two precincts. Ayes: Jaeckle, Elswick, Warren, Holland and Gecker. Nays: None. 8.D.ll.b. TO CONSIDER APPROPRIATION OF ADDITIONAL ANTICIPATED VIRGINIA DEPARTMENT OF TRANSPORTATION REIMBURSEMENTS On motion of Mr. Holland, seconded by Mr. Elswick, the Board set May 22, 2013 as the date for a public hearing to consider appropriation of additional anticipated Virginia Department of Transportation reimbursements, for six individual projects previously approved by the Board. Ayes: Jaeckle, Elswick, Warren, Holland and Gecker. Nays: None. J J J 13-266 04/24/13 9. REPORTS 9.A. REPORT ON DEVELOPER WATER AND SEWER CONTRACTS 9:B. RESORT ON STATUS OF GENERAL FUND BALANCE, RESERVE FOR FUTURE CAPITAL PROJECTS, DISTRICT IMPROVEMENT FUNDS AND LEASE PURCHASES On motion of Mr. Holland, seconded by Mr. Warren, the Board approved 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. 10. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED MATTERS There were no requests to address the Board at this time. The following item was moved to the end of the afternoon agenda to follow Item 10.: 6. WORK SESSIONS 6.A. INFRASTRUCTURE FINANCING/PROFFERS Mr. Louis Lassiter presented a summary of the Citizen Infrastructure Financing Team recommendations. He stated the County Administrator tasked five appointed citizens, Mr. Dave Anderson, Ms. Terri Cofer Beirne, Mr. Paul Grasewicz, Mr. Michael Jackson and Mr. William Woodfin, to make recommendations relative to infrastructure financing options. (It is noted Mr. Jackson joined the Work Session via teleconference.) He further stated the purpose of the committee was to provide an independent report to the Board of Supervisors on the current cash proffer system. He summarized the goal of the committee was to provide a fair and equitable system to address infrastructure needs of the community; the system should be competitive with other jurisdictions; and the system should be clearly understood by the public and a trusted model to follow for the future. He stated in total the team met for 15 hours and spent numerous hours outside of meetings digesting volumes of information. He further stated cash proffers provide 21 percent of the funding for eligible projects in the FY2014-FY2018 CIP. He noted cash proffers have funded 95 projects, including: the Route 10 and Route 60 widening projects; Midlothian Middle School; the Chester Library; Lake Chesdin Park and the Courthouse Fire Station. He summarized the recommendations of the committee, which include: keeping the current policy for developers to pay their fair share of capital facilities costs to serve development, but amend certain aspects; establish $11,873 as the Board FY2014 approved maximum amount for all new residential rezoning; amend the policy to make $11,873 the permanent amount, adjusted annually for inflation; reduce the school portion for one- and two- bedroom apartments and condos from $7,142 to $3,571 making $8,302 the FY2014 maximum for these units; and all other 13-267 04/24/13 aspects of the current policy should remain in effect. He then summarized the recommendations of Ms. Beirne and Mr. Anderson, which include: identifying funding sources to replace cash proffer revenue and eliminate cash proffers; no retroactive application of new cash proffer policy; permanence of a cash proffer amount unrealistic; continuing the policy of growth paying for itself using existing county tools to impose site-specific voluntary cash and non-cash conditions; and consider impacts of differential proffers upon goal of a publicly understood and trusted system. In conclusion, he stated staff would anticipate, if the Board so chooses, this could be taken up at the May 22nd Board of Supervisors meeting. In response to Ms. Jaeckle's question, Mr. Anderson stated by lowering cash proffers, small residential cases are incentivized, since their real impacts are limited to a payment of cash proffers instead of a negotiated capital improvement tied to actual level of service. He further stated these smaller cases create the burden on services since they are rarely mixed use and are typically larger lot subdivisions, increasing the infrastructure cost. He stated the implementation of establishing a cash proffer amount is that the developer who pays them is deemed to satisfy their impact on public facilities. In response to Ms. Jaeckle's question relative to schools, Mr. Woodfin stated by looking at the issue from a public policy perspective, it needs to be recognized that by doing away with proffers it creates a $5-6 million dollar hole in the county's budget. He noted the committee did not have an elaborate amount of time to look at different funding scenarios. He stated, in his opinion, it was difficult to look at eliminating proffers without having a policy to address the budget shortfall. Ms. Jaeckle stated the purpose of proffers is to mitigate impacts. She further stated the county has changed from a purely suburban community to a more populated inter-ring. She stated she was looking in the infrastructure study to see how the county has changed since the policy was first instituted. Mr. Woodfin stated he recognizes that the county has evolved and believes the proposal illustrates a reasonable compromise. He further stated the citizens want some recognition relative to tradeoff of paying for services and infrastructure. In response to Mr. Elswick's question, Mr. Anderson stated he believes every zoning case needs to stand and fall on its own merits and smaller zoning cases create an undue burden on services. He stated a reduced permanent proffer amount would put a greater burden on the county leadership. He stated the committee recommends no retroactive application of a new cash proffer policy. In response to Mr. Holland's question, Mr. Anderson stated there are areas within the county that should not be developed now or in the immediate future. He further stated there are a tremendous number of properties that have been zoned that are overburdened because infrastructure is already in place and those developments are styled for an incredible amount of larger lot subdivisions. 13-268 J J J 04/24/13 In response to Mr. Warren's question, Mr. Grasewicz stated Virginia is the only state that implements cash proffers focusing on residential rezoning. He further stated 26 states have an Impact Fee Authority, which is charged to each new residential property when the developer applies for a building permit, whether it is rezoned or not. He stated cash proffers are required in several localities throughout Virginia to mitigate impacts on public facilities. He further stated Chesterfield County has traditionally been open to residential development and the current Comprehensive Plan that was adopted recommends 105,000 acres of property for residential development. He stated the committee's strategy was to reduce the cash proffer to make it more reasonable, while still having the developers pay their fair share. He further stated the decrease would come exclusively from the amount currently included to cover the cost of road improvements related to new housing developments. He noted in the policy there is flexibility to accept land and capital facilities as a credit towards cash proffers. Mr. Holland expressed appreciation to the committee for its informative reports in relation to cash proffers. He stated the process was essential in order to reevaluate the policy and make informed decisions relative to the present time. In response to Mr. Holland's question, Mr. Grasewicz stated the committee's concept was to establish an amount that addresses capital facilities and a portion of road needs and raise the amount for inflation if future Boards deem that choice necessary. In response to Mr. Gecker's question relative to transportation, Mr. Grasewicz stated a focus should be placed on growth and then from that focus, a secondary road improvement plan structured accordingly, due to said growth. Mr. Gecker noted the original cash proffer system was prosperous to the homebuilding community. He stated at the time when proffers were actually calculated was years before the developments were built, which were lost due to inflation. He further stated because rezonings are so disperse throughout the southern and western portions of the county, a road network cannot be established. He inquired on how the committee honed their focus on specific portions, such as transportation and schools. In response to Mr. Gecker's question, Mr. Grasewicz stated the state highway system is responsible for the construction, improvements and maintenance of roads. He further stated changes in state funding for road construction and maintenance will mean that the county will pay less in the future for other projects. Ms. Beirne stated she came onto the committee with no preconceived notions about proffers and believed impacts should be alleviated by developers. She further stated she came to the conclusion that the county already has the tools necessary to impose site-specific cash and non-cash conditions upon rezonings, independent of a cash proffer policy. She stated cash proffers served a valuable function during a time of unmanageable growth in the county, but in her opinion, "voluntary" cash proffers have outlived their usefulness. In regards to the road proffers, she stated the reduction offers a more reasonable amount while not affecting other capital facilities. She expressed concerns relative to the efficacy of differential proffers. 13-269 04/24/13 In response to Mr. Holland's question, Ms. Beirne stated she does not recommend raising taxes to cover the loss of revenue generated by cash proffers, but believes the county should identify. another revenue source and eliminate the current cash proffer system. Mr. Jackson stated he believes the committee has provided a reasonable recommendation regarding modifications to the cash proffer policy. He stated the consensus among committee members was to find ways to discover an alternative revenue source without eliminating cash proffers completely. Mr. Holland stressed the importance of state funding for road construction and maintenance. Mr. Jackson stated he would not be opposed to the careful consideration for allowing the General Assembly transportation funding modifications to take effect before making a final decision relative to the cash proffer policy. Ms. Jaeckle stated she agrees that revenue replacement is a challenge and an issue; however, she believes the committee's purpose was to look at proffer system and how it has changed since the time it was developed. She stated the county has a slowing population growth, changing demographics and projected negative growth in the school population projected for the next ten years. In response to Ms. Jaeckle's question relative to the number of children per household over an extended time period, Mr. Jackson stated growth was not steepened by using cash proffers. Mr. Woodfin recommended that developers use their collective resources to pay for county roads. He stated there are lots of variables in the policy and proffer system that should continue to be used. He further stated the Comprehensive Plan is a good and fair plan that encourages growth within the county. Ms. Jaeckle stated she was hopeful that the committee's recommendation would reflect the county's Comprehensive Plan. Mr. Woodfin stated the final recommendation was an angulation of several proposals that were laid in front of the committee. He urged the Board to read each proposal to provide insight into the process. Mr. Grasewicz stated he believes the committee's recommendations do reflect the Comprehensive Plan. He further stated the county could have a very strong growth management plan that would strictly limit development, and there would not be a capital facilities impact. He stated the recommendations continue to accommodate residential development in the county. Mr. Anderson stated when the subsequent Comprehensive Plan was adopted, he questioned whether any type of fiscal analysis was done on what the build-out would look like financially and how it would likely be a burden on county taxpayers. J J J 13-270 04/24/13 Mr. Elswick stated the Board could have given the committee better instructions based on the Board's expectations. He expressed appreciation to the team members for their informative examination and insight relative to the cash proffer system. ~. Mr. Woodfin noted that committee members were not lobbied by county staff. He thanked the Board for the opportunity to serve on the committee. Mr. Lassiter expressed his appreciation to the team members for their service. He stated staff will be looking at the recommendations and bringing forth a proposal to the Board for their consideration. In response to Ms. Jaeckle's question regarding differential proffers, Mr. Turner stated a proffer is a tool that can be used to direct growth for the county where it is deemed appropriate. Mr. Warren suggested laying a proposal before General Assembly members and see if impact fees for all services would be an option for local governments. In response to Ms. Jaeckle's question, Mr. Lassiter stated the committee was provided all details of formula calculations. He further stated the transportation component was different based on the full build-out of the county. He stated credits are based on the average of house values, or apartment values for the next fifteen years. Mr. Elswick stated he asked staff to compile information relative to several zoning cases where a large amount of money was paid to the county by developers, from the time the property was rezoned, to the time construction begins. He recommended depositing money into a facilities account, as opposed to the county's general fund. Discussion ensued relative to analysis of the current cash proffer system and tax calculations. Ms. Jaeckle expressed her appreciation to the Infrastructure Finance Committee members for their informative research and recommendations. 11. DINNER On motion of Mr. Warren, seconded by Mr. Gecker, the Board recessed to Room 502 for dinner. Ayes: Jaeckle, Elswick, Warren, Holland and Gecker. Nays: None. Reconvening: 12. INVOCATION Mr. David Pritchard, Special Projects Manager, gave the invocation. 13. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Eagle Scout Adam Thomas Dingman led the Pledge of Allegiance. 13-271 04/24/13 14. RESOLUTIONS 14.A. RECOGNIZING THE OUTSTANDING ACCOMPLISHMENTS OF MR. WYATT B. DURRETTE III Mr. Kappel introduced Mr. Wyatt B. Durrette, III, who was present to receive the resolution. On motion of Mr. Warren, seconded by Mr. Gecker, the Board adopted the following resolution: WHEREAS, Mr. Wyatt B. Durrette III is a well-known contemporary country songwriter; and WHEREAS, Mr. Durrette wrote his first song, "To Be in Love," when he was 11 years old; and WHEREAS, Mr. Durrette is a former Chesterfield County resident and has family members who still reside in the county; and WHEREAS, he graduated from Midlothian High School; and WHEREAS, after high school, Mr. Durrette attended the Virginia Military Institute; and WHEREAS, in the 1990s, Mr. Durrette decided to leave college and move to Atlanta, Georgia; and WHEREAS, in the mid- to late 90s, while tending bar and booking shows in the Dixie Tavern, Mr. Durrette met guitarist and singer Zac Brown, a regular performer at the venue; and WHEREAS, Mr. Durrette and Mr. Brown began to collaborate on songwriting, and became good friends; and WHEREAS, for years, the two men toured together, with Mr. Durrette writing songs with Mr. Brown for the Zac Brown Band; and WHEREAS, many of Mr. Durrette's songs, including Knee Deep, Highway 20 Ride, Chicken Fried and others, have been highly successful; and WHEREAS, Chesterfield County is proud to claim Mr. Wyatt B. Durrette III as its own. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 24th day of April 2013, publicly recognizes the exemplary achievements of Mr. Wyatt B. Durrette III, congratulates him on his successful musical career, and extends best wishes for continued success. AND, BE IT FURTHER RESOLVED that a copy of this resolution be presented to Mr. Durrette, 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. Warren presented the executed resolution to Mr. Durrette and congratulated him on his prosperous musical career. Mr. Durrette, accompanied by members of his family and wife, thanked the Board for the special recognition. 13-272 J J 04/24/13 14.B. RECOGNIZING MR. GEORGE PEYTON UPON HIS RETIREMENT FROM THE RETAIL MERCHANTS ASSOCIATION Mr. Kappel introduced Mr. George Peyton, who was present to receive the resolution. On motion of Mr. Warren, seconded by Mr. Holland, the Board adopted the following resolution: WHEREAS, Mr. George Peyton is a native Virginian who was born in Spotsylvania County and has made Goochland and the Greater Richmond Metropolitan Area his home; and WHEREAS, Mr. Peyton served honorably in the United States Air Force from 1966 until 1969; and WHEREAS, Mr. Peyton later earned a Bachelor of Science in Business from Virginia Commonwealth University; and WHEREAS, Mr. Peyton was employed by Miller & Rhoads from 1972 to 1987; and WHEREAS, he also was employed by Burke & Co. from 1988 to 1989; and WHEREAS, Mr. Peyton began his long affiliation with the Retail Merchants Association in 1989; and WHEREAS, he has provided distinguished service as Vice President of Government Relations at the Retail Merchants Association; and WHEREAS, in that role, Mr. Peyton has been an active advocate for a wide range of business-related matters of importance to Chesterfield County and the region; and WHEREAS, he has spoken eloquently about proposals to amend the county's Business License Tax Ordinance; about food-handling-safety training programs; about sign ordinances and numerous other topics of public interest; and WHEREAS, Mr. Peyton served as president of the Metro Richmond Crime Stoppers Board of Directors; and WHEREAS, he also served on the RideFinders Advisory Board and was appointed by two Virginia governors to serve on the Litter Control and Recycling Fund Advisory Board; and WHEREAS, Mr. Peyton has announced his retirement from the Retail Merchants Association after a 24-year career with that organization. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 24th day of April 2013, publicly recognizes the exemplary achievements and civic service of Mr. George Peyton, expresses appreciation on behalf of all Chesterfield County residents, and extends best wishes for a long and happy retirement. AND, BE IT FURTHER RESOLVED that a copy of this resolution be presented to Mr. Peyton 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. Warren presented the executed resolution to Mr. Peyton and expressed his appreciation for his achievements and civic service to the citizens of Chesterfield County. 13-273 04/24/13 Mr. Peyton, accompanied by members of the Retail Merchants Association and his wife, expressed his appreciation to the Board for the special recognition. Ms. Nancy Thomas, President/CEO of the Retail Merchants Association, commended Mr. Peyton on his professionalism and leadership to the organization. 14.C. RECOGNIZING THE SIXTIETH ANNIVERSARY OF TIMMONS GROUP Mr. Kappel introduced Mr. Brian Bortell and Mr. Tim Davey, who were present to receive the resolution. On motion of Mr. Gecker, seconded by Mr. Holland, the Board adopted the following resolution: WHEREAS, since 1953, Timmons Group has had a reputation for excellence in the design and construction of development projects of all sizes; and WHEREAS, Timmons Group has been cited by Engineering News Record's as being among the Top 500 Design Firms in the country; and WHEREAS, Timmons Group provides expertise in civil engineering, environmental, GIS/geospatial technology; landscape architecture and surveying services; and WHEREAS, currently, Timmons Group maintains 12 offices from Pennsylvania through the Carolinas; and WHEREAS, Timmons Group is actively working in 11 states, including as far away as California and Oregon as well as on the east coast, the southwest and other areas; and WHEREAS, locally, Timmons Group is the 15th largest privately held business firm in Richmond; and WHEREAS, among its well-known projects in Central Virginia, Timmons Group has worked on the Redskins Training Camp, Amazon, Rolls Royce, Stonebridge, Magnolia Green, Main Street Station, the Vitamin Shop, West Broad Village and Gateway Plaza; and WHEREAS, among the company's notable clients are Richmond International Airport, Richmond International Raceway; the City of Richmond; Chesterfield, Hanover and Henrico counties and the Virginia Department of Transportation; and WHEREAS, Mr. Timmons subsequently developed the Foundry Golf Course in nearby Powhatan County, Virginia; and WHEREAS, he was instrumental in developing the infrastructure that resulted in the Swift Creek Reservoir and the award-winning Brandermill community in the county. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield Board of Supervisors, this 24th day of April 2013, publicly recognizes the exemplary achievements Timmons Group, and on behalf of all Chesterfield County residents, expresses sincere best wishes for continued success. AND, BE IT FURTHER RESOLVED that a copy of this resolution be presented to Timmons Group, and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. 13-274 J J J 04/24/13 Ayes: Jaeckle, Elswick, Warren, Holland and Gecker. Nays: None. Mr. Warren and Mr. Gecker presented the executed resolution to Mr. Bortell and Mr. Davey and commended the exemplary achievements of the Timmons Group. Mr. Bortell and Mr. Davey expressed appreciation to the Board for the special recognition. ,,, 14.D. RECOGNIZING BOY SCOUTS UPON ATTAINING THE RANK OF EAGLE SCOUT Mr. Kappel introduced Mr. Adam Thomas Dingman and Mr. Thomas Frederick Morley, who were present to receive the resolution. 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. Adam Thomas Dingman, Troop 2806, sponsored by Woodlake United Methodist Church and Mr. Thomas Frederick Morley, Troop 1891, sponsored by Bon Air 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, Adam and Thomas 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 24th day of April 2013, publicly recognizes Mr. Adam Thomas Dingman, Troop 2806, sponsored by Woodlake United Methodist Church and Mr. Thomas Frederick Morley, Troop 1891, sponsored by Bon Air United Methodist Church, 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 and Mr. Holland 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 others for their support. 13-275 04/24/13 14.E. RECOGNIZING APRIL 22-26, 2013, AS "CHESTERFIELD COUNTY CLASSICS WEEK" Mr. Kappel introduced members of the Midlothian High School Latin Club, who were present to receive the resolution. On motion of Mr. Holland, seconded by Mr. Gecker, the Board adopted the following resolution: WHEREAS, the National Junior Classical League was founded in 1936 to encourage an interest in and an appreciation of the language, literature and culture of ancient Greece and Rome; and WHEREAS, throughout Chesterfield County, there are several chapters of the Junior Classical League, comprised middle and high school Latin, Greek, and Classics pupils; and WHEREAS, the Virginia Junior Classical League is a long- time affiliate of the American Classical League, founded in 1919 for the purpose of fostering the study of classical languages in the United States and Canada; and WHEREAS, Chesterfield County's Junior Classical League chapters are tangibly involved in the educational needs of their student members and are committed to a better future for their students and the community, through active participation in service and outreach projects; and WHEREAS, Chesterfield County's Junior Classical League members believe that the Classics continue to hold a vital and significant place in today's culture; and the Chesterfield Junior Classical League chapters, comprised of students and teachers, believe that continued emphasis on the study of the Classics is essential, if appreciation of the Classics in language, arts, and Western culture is to remain strong and valuable; and WHEREAS, "Chesterfield County Classics Week" is held in commemoration of the traditional anniversary of the founding of ancient Rome; and WHEREAS, Chesterfield County recognizes the relevance of Classical culture upon its own unique history, the wide interest that countless Chesterfield citizens hold for the Classics, and the advantages that a study of the Classical world offers to all students. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 24th day of April 2013, publicly recognizes April 22-26, 2013, as "Chesterfield County Classics Week," and calls this observance to the attention of its citizens. Ayes: Jaeckle, Elswick, Warren, Holland and Gecker. Nays: None. Ms. Jaeckle and Mr. Gecker presented the executed resolution to members of the Midlothian High School Latin Club and commended them both for their service to the community. Each member expressed their appreciation to the Board for their continued support. J J J 13-276 04/24/13 15. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED MATTERS Mr. Ralph Carter addressed the Board relative to separation of church and state. 16. REQUESTS FOR MANUFACTURED HOME PERMITS AND REZONING PLACED ON THE CONSENT AGENDA TO BE HEARD IN THE FOLLOWING ORDER: - WITHDRAWALS DEFERRALS - CASES WHERE THE APPLICANT ACCEPTS THE RECOMMENDATION AND THERE IS NO OPPOSITION - CASES WHERE THE APPLICANT DOES NOT ACCEPT THE RECOMMENDATION AND OR THERE IS PUBLIC OPPOSITION BE HEARD AT SECTI 13SN0111 In Dale Magisterial District, Ryan Homes requests conditional use approval (renewal of Case lOSN0160) and amendment of zoning district map to permit a model home in a Residential Townhouse (R-TH) District on .1 acre known as 5509 Belle Pond Drive. Density will be controlled by zoning conditions or ordinance standards. The Comprehensive Plan suggests the property is appropriate for medium-high density residential uses of 4.0 to 8.0 dwellings per acre. Tax ID 772-692-4559. Mr. Turner stated the applicant has withdrawn the request. The Board acknowledged the withdrawal of Case 13SN0111. i ~crrni ~~ In Bermuda Magisterial District, Amanda Rauber requests manufactured home permit approval and amendment of zoning district map to permit a temporary manufactured home in a Residential (R-7) District on .4 acre known as 2679 Drewrys Bluff Road. Density is approximately 2.5 units per acre. The Comprehensive Plan suggests the property is appropriate for residential use of 7.01-10 units/acre (flexible redevelopment). Tax ID 789-680-8239. Mr. Turner presented a summary of Case 13SN0175 and stated both the Planning Commission and staff recommended approval subject to the conditions. Ms. Amanda Rauber accepted the conditions. Ms. Jaeckle called for public comment. There being no one to speak to the request, the public hearing was closed. Ms. Jaeckle made a motion, seconded by Mr. Gecker, for the Board to approve Case 13SN0175, subject to the following conditions: 1. The applicant shall be the owner and occupant of the manufactured home. (P) 2. No additional permanent-type living space, other than the existing additions, may be added to the manufactured home. The existing additions may not be enlarged, extended, reconstructed, substituted or structurally altered. The manufactured home shall be skirted but shall not be placed on a permanent foundation. (P) Ayes: Jaeckle, Elswick, Warren, Holland and Gecker. Nays: None. 13-277 04/24/13 13SN0147 (AMENDED) In Midlothian Magisterial District, Colebrook Company LLC requests rezoning and amendment of zoning district map from Neighborhood Business (C-2) to Community Business (C-3) plus conditional use to permit outside public address system on 14.7 acres located on the northeast corner of Midlothian Turnpike and Sycamore Square Drive, also fronting the west line of Sycamore Square Drive, north of Midlothian Turnpike. Density will be controlled by zoning conditions or ordinance standards. The Comprehensive Plan suggests the property is appropriate for Village Fringe Area, Village Shopping District and Residential Area uses. Tax IDs 728-708-2852, 4362, 5824 and 9143; and 729-709-1300. Mr. Turner presented a summary of Case 13SN0147 and stated both the Planning Commission and staff recommended approval and acceptance of the proffered conditions. He stated it would be necessary for the Board to unanimously agree to suspend the rules to consider the amended proffered condition since it was submitted after the public advertisement of the case. Mr. Andy Scherzer, representing the applicant, accepted the recommendation. He requested approval of the Board. Ms. Jaeckle called for public comment. Mr. Peppy Jones, member of the Midlothian Village Coalition, urged the Board to approve the request. There being no one else to speak to the request, the public hearing was closed. Mr. Gecker made a motion, seconded by Mr. Holland, for the Board to suspend its rules to allow for consideration of the amended proffered condition. Ayes: Jaeckle, Elswick, Warren, Holland and Gecker. Nays: None. Mr. Gecker stated the case was well worked through with the applicant and the Midlothian Village Coalition. He said the amended proffer extends the noise condition to another boundary of the neighborhood. Mr. Gecker then made a motion, seconded by Mr. Holland, for the Board to approve Case 13SN0147 and accept the following proffered conditions: 1. A schematic plan shall be approved by the Planning Commission prior to site plan approval when uses require a building permit involving a land area greater than 2,500 square feet. (P) 2. Any development or redevelopment of the subject property shall be of the same architectural style, materials and character as the existing Sycamore Square Shopping Center, generally as depicted in the photographs on Exhibit A prepared by Balzer and Associates, and dated January 29, 2013., unless otherwise approved by the Planning Commission. (P) J J J 13-278 04/24/13 3. Permitted Uses: A. The following uses shall be permitted with certain restrictions: 1. Communication towers, less than fifty (50) feet in height provided that the structure is architecturally incorporated into and compatible with the design of a building used for a permitted use. 2. Veterinary hospital provided such use does not include outside run areas. 3. Nightclub and cocktail lounge use provided such use is incidental to a restaurant and shall not exceed 10,000 gross square feet. B. The following uses shall not be permitted: 1. Coin laundry 2. Commercial kennel 3. Communication towers greater than fifty (50) feet in height 4. Funeral homes 5. Hospitals 6. Indoor Flea Markets 7. Material reclamation receiving centers 8. Motels 9. Motor vehicle accessory stores with service bays or with primary focus on sound system sales 10. Motor vehicle washes 11. Outside storage, not including continuous outside display 12. Pawn shops 13. Privately owned liquor stores 14. Public garages 15. Service stations 16. Taxidermy 17. Warehouses (P) 4. Restaurant, Nightclub & Cocktail Lounge uses shall not be open to the public between 12:00 AM and 6:00 AM, except that on New Years, Independence Day, and Halloween when such uses shall not be open to the public between 2:00 AM and 6:00 AM. (P) 13-279 04/24/13 5. Outside public address and sound systems shall be permitted provided such systems are equipped with controls permitting full volume adjustments so as to limit amplified sound from the premises to 50 DBA, as measured at the rear property line in the area identified with a dashed line on Exhibit B prepared by Balzer and Associates and dated January 29, 2013. (P) 6. No more than six (6) special events shall be permitted on the request property annually. Special events shall only be permitted between 7:00 AM and 9:00 PM. These special events shall not be required to comply with Proffered Condition 5 relative to sound limitations; however, a special events permit shall be approved by the Board of Supervisors for each such event. No event shall be permitted for more than three (3) consecutive days. There shall be a minimum interval of fourteen (14) days between special events, measured from the last day of the previously permitted event. (P) 7. Prior to the issuance of a certificate of occupancy for any use requiring schematic plan approval as outlined in Proffered Condition 1, the developer shall install decorative street lighting along Midlothian Turnpike. The light fixtures shall be comparable in design to the light fixture specified in the Midlothian Village Technical Manual and shall be installed with a spacing of eighty (80) feet on center. The specific light fixture and spacing shall be approved by the Planning Department in conjunction with plan approval. (P) 8. Drive-in windows shall be screened to reduce visibility of the drive-in windows from public streets. This screening shall be accomplished by building design, the use of durable architectural walls or fences constructed of materials and with a design comparable to the principle building, and berms or other land forms. Such screening shall be approved by the Planning Department in conjunction with plan approval. (P) Ayes: Jaeckle, Elswick, Warren, Holland and Gecker. Nays: None 13SN0511 In Clover Hill Magisterial District, Riverstone Properties LLC requests rezoning from Corporate Office (O-2) to Residential Multifamily (R-MF) and amendment of zoning district map on 3.7 acres lying 200 feet off the northern terminus of Brandermill Parkway, 600 feet north of Old Hundred Road. Density will be controlled by zoning conditions or ordinance standards. The Comprehensive Plan suggests the property is appropriate for Regional Mixed use. Tax ID 725- 693-Part of 4240. Mr. Turner presented a summary of Case 13SN0511 and stated both the Planning Commission and staff recommended approval and acceptance of the proffered conditions. J J J 13-280 04/24/13 Mr. John Cogbill, representing the applicant, accepted the recommendation. He stated the neighbors were in full support of the proposal. Ms. Jaeckle called for public comment. There being no one to speak to the request, the public hearing was closed. Mr. Warren made a motion, seconded by Mr. Gecker, for the Board to approve Case 13SN0511 and accept the following proffered conditions: The Owners and Developer (the "Owners") in this zoning case, pursuant to X15.2-2298 of the Code of Virginia (1950 as amended) and the Zoning Ordinance of Chesterfield County, for themselves and their successors or assigns, proffer that the development of the Property known as Chesterfield County Tax Identification Number part of 724-693-7453 (previously known as a 3.74 acre part of 725-693-4240 and now merged with Chesterfield County Tax Identification Number 724-693-7453) (the "Property") under consideration will be developed according to the following conditions if, and only if, the rezoning request for R-MF and the Conditional Use Planned Development ("CUPD") is granted. In the event the request is denied or approved with conditions not agreed to by the Owners, the proffers shall immediately be null and void and of no further force or effect. 1. Multifamily Residential Units. The request property (Parcel A) shall only be developed for multifamily uses if incorporated into an overall multifamily development plan with Tax ID's 724-693-Part of 7453 and/or 724-694-Part of 6373 (Parcels B and C), as shown on the attached plat, titled "Riverstone Properties LLC, Rezoning of 3.7 Acres to R-MF," dated April 4, 2013, and prepared by Adena M. Patterson, McGuire Woods LLP (Exhibit A) (P) 2. Density. The Property shall not be used for the purpose of increasing the development density beyond that permitted on Parcels B and C by conditions of Case 88SN0059. (P) 3. Road Improvements. Prior to the issuance of an occupancy permit for the Property, the Owner shall construct a two-lane road for the extension of Brandermill Parkway based on VDOT Urban Minor Arterial standards (50 mph), with modifications approved by the Transportation Department, from the northern terminus of Brandermill Parkway to the northern boundary of the Property. The Owner shall dedicate to Chesterfield County, free and unrestricted, any additional right-of-way (or easements) required for the improvement. (T) 4. Timbering Management. For the purpose of enhancing the health and viability of the forest, under the supervision of a qualified forester, timbering management will only be allowed upon the submission and approval of the appropriate forest management plan to include, but not limited to, erosion control, Chesapeake Bay Act/wetland restrictions, and the issuance of a land disturbance permit by the Environmental Engineering Department. Any other timbering shall be incorporated into the site development erosion and sediment control plan/narrative as the initial phase of infrastructure construction and will not commence until the issuance of the actual site development land disturbance permit. (EE) Ayes: Jaeckle, Elswick, warren, Holland and Gecker. Nays: None. 13-281 04/24/13 ~ssNni~~ In Clover Hill Magisterial District, Willie C. Lee and Juanita M. Lee request conditional use approval and amendment of zoning district map to permit a contractor's storage yard in an Agricultural (A) District on 2.5 acres fronting 230 feet on the west line of Newbys Bridge Road, 390 feet south of Sussex Drive. Density will be controlled by zoning conditions or ordinance standards. The Comprehensive Plan suggests the property is appropriate for suburban residential II use (2.0 to 4.0 dwellings per acre). Tax ID 760-689-7204. Mr. Ryan Ramsey presented a summary of Case 13SN0163 and stated both the Planning Commission and staff recommended denial because the proposed land use does not conform to the Comprehensive Plan, which suggests the property is appropriate for Suburban Residential Use, and the proposed land use is not representative of, nor compatible with, existing and anticipated area residential development. Mr. Mike Phillips, representing the applicant, stated the request complies with the current code. He further stated the current code has several provisions that speak to uses that are consistent to the proposal. In response to Mr. Gecker's question, Mr. Phillips stated the permitted use is subject to the conditions. He noted under Section 19-123, forestry operations are permitted uses by right. He stated the applicant has complied with the setback and barrier requirements. In response to Mr. Gecker's question, Mr. Mincks stated in an agricultural zone, the applicant can engage in a forestry operation. In response to Mr. Gecker's question, Mr. Turner stated staff disagrees with Mr. Phillips' assumptions and assertions relative to the case. He further stated the property is zoned agricultural and uses are very restrictive as a result. He stated the applicant cannot operate a contractor's office or storage yard on the property. He further stated the applicant is storing contracting equipment on the property, which he is using to provide contracting services offsite. Ms. Jaeckle called for public comment. Mr. Mike Creasey, an adjacent petition to the Board, with 13 of the proposal. He expressed into the site, material buried area property values. He playe noise on the property. property owner, presented a signatures requesting denial concerns relative to access on the site and impacts on d an audio file relative to Ms. Elizabeth Lang, an adjacent property owner, urged the Board to deny the request. She expressed concerns relative to continued use of the site and noise created by the property owner. In response to Mr. Gecker's question, Mr. Turner stated a conditional use requires a public hearing from both the Planning Commission and Board of Supervisors. He further stated there are certain standards that must be applied in order to obtain a conditional use, which do not apply to the proposal. J J J 13-282 04/24/13 There being no one else to speak to the request, the public hearing was closed. Mr. Phillips stated eight of the ten neighbors in the general proximity of the site were not in opposition to the request. He stated the applicant's property is currently being used to store equipment and materials until he is able to build a single-family home on the site. Mr. Lee stated he has tried to communicate with adjacent property owners and address their concerns. Mr. Warren stated staff has recommended denial and the proposed land use does not conform to the Comprehensive Plan. He further stated there should be a time period for the applicant to bring the property into compliance with current zoning. He directed staff to insure that the property is brought into compliance with current zoning within six months. Mr. Warren then made a motion, seconded by Mr. Decker, for the Board to deny Case 13SN0163 and direct staff to insure that the property be brought into compliance with current zoning within six months. Ayes: Jaeckle, Elswick, Warren, Holland and Gecker. Nays: None. 17. PUBLIC HEARINGS There were no Public Hearings at this time. 18. REMAINING MANUFACTURED HOME PERMITS AND ZONING REQUESTS There were no remaining requests for manufactured home permits or rezoning at this time. 19. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED MATTERS There were no requests to address the Board at this time. 20. ADJOURNMENT On motion of Mr. Gecker, seconded by Mr. Holland, the Board adjourned at 7:46 p.m. until May 22, 2013 at 3:00 p.m. Ayes: Jaeckle, Elswick, Warren, Holland and Decker. Nays: None. J mes Stegm er ounty Administrator ,8r~ (,~ ~ Doroth A. J ckle Chairman 13-283 04/24/13