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2013-09-18 MinutesBOARD OF SUPERVISORS MINUTES September 18, 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, Management Services Supervisor Absent:. Ms. Janice-Blakley, Mr. Daniel A. Gecker Clerk to the Board Ms. Debbie Burcham, Mr. James J. L. Stegmaier Exec. Dir., Community County Administrator Services Board Mr. Allan Carmody, Dir., Budget and Management Ms. Mary Ann Curtin, Dir., Intergovtl. Relations Mr. Jonathan Davis, Dir., Real Estate Assessments Mr. Will Davis, Dir., Economic Development Mr. William Dupler, Dep. County Administrator, Community Development Colonel Thierry Dupuis, Police Department Mr. Michael Golden, Dir., Parks and Recreation Mr. John W. Harmon, Real Property Manager Dr. Parham Jaberi, Dir. Health Department Mr. Donald Kappel, Dir., Public Affairs Mr. Rob Key, Director, General Services Mr. Louis Lassiter, Asst. County Administrator Mr. Mike Mabe, Director, Libraries Ms. Mary Martin Selby, Dir., Human Resource Services Mr. R. John McCracken, Dir., Transportation Mr. Jeffrey L. Mincks, County Attorney Sheriff Dennis Proffitt, Sheriff's Department Chief Edward L. Senter, Fire Department Ms. Marsha Sharpe, Dir., Social Services Mr. Scott Smedley, Dir., Environmental Engineering 13-583 09/18/13 Ms. Sarah Snead, Dep. County Administrator, Human Services Mr. Kirk Turner, Dir., Planning Mr. Mike Westfall, Dir., Internal Audit Mr. Scott Zaremba, Dir., Human Resource Programs Ms. Jaeckle called the regularly scheduled meeting to order at 3:02 p.m. Ms. Jaeckle noted Mr. Gecker's absence from the meeting. 1. APPROVAL OF MINUTES FOR AUGUST 28, 2013 On motion of Mr. Holland, seconded by Mr. Elswick, the Board approved the minutes of August 28, 2013, as submitted. Ayes: Jaeckle, Elswick, Warren and Holland. Nays: None. Absent: Gecker. 2. COUNTY ADMINISTRATOR'S COMMENTS 2.A. COUNTY ADMINISTRATOR'S REPORT • Dr. Edward E. Raspiller, president of John Tyler Community College, introduced himself to the Board of Supervisors. • Mr. Stegmaier was pleased to report that the James River Advisory Council had a very successful regional river cleanup last Saturday. He stated more than 900 volunteers among 15 sites picked up trash along the James River and several feeder creeks or streams, working to make the river a cleaner place. • Mr. Stegmaier introduced State of Virginia's Emergency Management Citizen Corps Director, Ms. Linda Rubin and the President of Virginia First, Mr. Gary Lupton who presented an award to county representatives Ms. Sherri Laffoon of Emergency Management and Ms. Debbie Leidheiser, Senior Advocate, for their efforts with the "Prepare Before the Storm" program. The Virginia Department of Emergency Management's Citizen Corp Program has awarded this program as "Most Outstanding Program" due to the innovative and collaborative team efforts of Human Services and Public Safety groups to reach out to home health care organizations. Ms. Jaeckle stated she is very impressed with the program and its effectiveness to recognize the need for emergency personnel in the event of a natural disaster. In response to Mr. Elswick's question, Ms. Rubin stated funding is available to maintain training. J J J 13-584 09/18/13 Ms. Rubin noted less than one percent of the population is first responders and stressed the importance of educating emergency personnel. • Mr. Stegmaier was pleased to report that the 2013 Best of the Web awards winners have been announced and Chesterfield County has been selected as one of the finalists. He stated the program showcases governments whose websites demonstrate innovation, usability and functionality for users. 3. BOARD MEMBER REPORTS Mr. Holland announced he attended the Proseal America Expansion Ribbon Cutting on Friday, September 13th, along with Ms. Jaeckle. Ms. Jaeckle stated she was very impressed with the young apprentices Proseal America enlisted. She also noted the Chesterfield Chamber of Commerce has publicly supported the bond referendum on the meals tax. She commended the Chesterfield Chamber of Commerce for having more of a community interest and delving into county issues. In response to Mr. Warren's request, Mr. Stegmaier stated staff is scheduling numerous public meetings around the community regarding the bond referendum. He further stated citizens can obtain comprehensive information through the website titled www.yourvoicefirstchoice.com. He noted various organizations have the opportunity to host a meeting for their membership, if desired. Mr. Elswick asked that staff provide locations/dates/times of all bond referendum meetings for county citizens. 4. REQUESTS TO POSTPONE AGENDA ITEMS AND ADDITIONS, DELETIONS OR CHANGES IN THE ORDER OF PRESENTATION On motion of Mr. Elswick, seconded by Mr. Warren, the Board added Item A.6., Appointment to the Committee on the Future; deleted Item 8.B.4., Appropriation of Funds and Authorization to Award a Construction Contract for the Route 60 Mall Access Improvement Project; and replaced Item 14.C., Resolution Recognizing the 2013 Chesterfield Baseball Clubs Incorporated Bronco-ll-Year-Old All-Star Team for Its Outstanding Accomplishments and Its Excellent Representation of Chesterfield County. Ayes: Jaeckle, Elswick, warren and Holland. Nays: None. Absent: Gecker. 13-585 09/18/13 5. RESOLUTIONS 5.A. RECOGNIZING BATTALION CHIEF MARK R. NUGENT, FIRE AND EMERGENCY MEDICAL SERVICES DEPARTMENT, UPON HIS RETIREMENT Chief Senter introduced Battalion Chief Mark R. Nugent, who was present to receive the resolution. On motion of Mr. Elswick, seconded by Mr. Warren, the Board adopted the following resolution: WHEREAS, Battalion Chief Mark R. Nugent will retire from the Chesterfield Fire and Emergency Medical Services Department, Chesterfield County, on October 1, 2013; and WHEREAS, Chief Nugent attended Recruit School #9 in 1978, and has faithfully served the county and its citizens for 35 years in various assignments, from firefighter to battalion chief; and WHEREAS, Chief Nugent served as a firefighter at the Ettrick, Dale and Clover Hill Fire and EMS Stations; and WHEREAS, Chief Nugent was promoted to Sergeant in 1984 (which was later classified as lieutenant), and served at the Dale, Ettrick, Dutch Gap and Bensley Fire and EMS Stations; and WHEREAS, Chief Nugent was promoted to Captain in 1992 and served at the Bon Air Fire and EMS Station; and WHEREAS, Chief Nugent was promoted to Senior Captain in 1994, and served as the Administrative Officer on "A" Shift and as the Deputy Fire Marshal in the Fire and Life Safety Division; and WHEREAS, Chief Nugent was promoted to Battalion Chief in 1999 and served as the department Grants Administrator, and in the Emergency Operations Division as a Battalion Chief on "A" Shift in both the southern and western battalions; and WHEREAS, Chief Nugent was assigned to the Office of the Fire Chief as the department's Community Relations Director; and WHEREAS, Chief Nugent was named the Career Fire Officer of the Year for 1994; and WHEREAS, Chief Nugent was named the Chesterfield County Employee of the Year in 1995; and WHEREAS, Chief Nugent has been a life-long learner throughout his career, obtaining an Associate's Degree in Fire Science, an Associate's Degree in Emergency Medical Management and a Bachelor's Degree in Organizational Management and Development; and WHEREAS, Chief Nugent was instrumental in creating and managing the department's non-profit community group Customer Assistance after Response to Emergencies" (CARES), which has provided assistance to county citizens and members of the department for more than a decade; and 13-586 J J J 09/18/13 WHEREAS, Chief Nugent developed the Fire and EMS Department's grant writing program in 1999 and has written grant proposals that have resulted in the department receiving more than $7 million dollars in grant awards, thereby improving the safety and well-being of the citizens of the county as well as members of the department, through the purchase and use of firefighter protective gear, portable radios, the Fire and Life Safety House, thermal imaging devices, SCUBA Team equipment, Hazardous Materials Team equipment, smoke alarms, and the hiring of nine additional firefighters; and WHEREAS, Chief Nugent has been a successful author and public speaker throughout his career, being published in national trade journals and lecturing on the local, state and national levels on subjects including Fiscal Management, Leadership, Drowning Prevention, Marketing and Developing Community Fire and Life Initiatives and Programs; and WHEREAS, Chief Nugent is known for his dedication to the members of the organization, by seeking out opportunities to promote the accomplishments of the men and women of Chesterfield Fire and EMS on a local, state and national level. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 18th day of September 2013, publicly recognizes the contributions of Battalion Chief Mark R. Nugent, expresses the appreciation of all residents for his service to the county and extends appreciation for his dedicated service and congratulations upon his retirement. AND, BE IT FURTHER RESOLVED that a copy of this resolution be presented to Chief Nugent and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Ayes: Jaeckle, Elswick, Warren and Holland. Nays: None. Absent: Gecker. Ms. Jaeckle presented the executed resolution to Chief Nugent and commended him on his many years of loyal and dedicated service. Mr. Elswick, Mr. Warren and Mr. Holland all highly praised Chief Nugent on his accomplishments and devoted service to county citizens. Mr. Stegmaier presented Chief Nugent with an acrylic statue and county watch, congratulated him on his retirement and expressed appreciation for his outstanding service to the county. Chief Nugent, accompanied by his niece, expressed his appreciation to the Board for the special recognition. 13-587 09/18/13 5.B. RECOGNIZING FIREFIGHTER DALE FIELDS FOR HIS HEROIC EFFORTS Chief Seater introduced Firefighter Dale Fields, who was present to receive the resolution. On motion of Mr. Holland, seconded by Mr. Elswick, the Board adopted the following resolution: WHEREAS, on July 7, 2012, Firefighter Dale Fields was off-duty and was launching his personal boat at the Dutch Gap Boat Landing on the James River to go fishing; and WHEREAS, as Firefighter Fields started to move away from the boat ramp, he noticed a boat in the river, approximately one-quarter of a mile from the shore line, which appeared to be on fire; and WHEREAS, Firefighter Fields immediately navigated his boat to the scene and was faced with a pleasure boat heavily involved in fire and free-floating in the river, as well as several individuals swimming to shore; and WHEREAS, Firefighter Fields was faced with two individuals from the boat who were not swimming, but struggling to stay afloat; and WHEREAS, Firefighter Fields immediately entered the water, secured the closest victim and swam to his boat, which had begun to float down river; and WHEREAS, Firefighter Fields continued to hold the victim above the water line, retrieved his boat and maneuvered the boat and the victim to the shore, saving the victim's life; and WHEREAS, Firefighter Fields quickly returned to the site to locate the second victim, who had unfortunately gone below the surface of the water; and WHEREAS, Firefighter Fields marked the spot where he last saw the second victim, using an anchor, rope and buoy, which proved critically important, as the arriving members of the SCUBA Rescue Team were able to immediately begin their rescue efforts in the best area possible; and WHEREAS, before the arrival of the SCUBA Rescue Team, and still exhausted from the first rescue, Firefighter Fields made four separate dives into the river, attempting to locate the second victim; and WHEREAS, unable to locate this victim, Firefighter Fields returned to the boat landing to give the arriving SCUBA Rescue Team members information on where he placed the last seen marker, giving them an excellent point to begin their rescue operation; and WHEREAS, Firefighter Fields placed his life on the line, with no equipment or back-up, to save one person and made numerous attempts to save the life of another; and WHEREAS, critical to this incident, Firefighter Fields had the presence of mind to mark the last seen spot of the second victim, which proved to be invaluable to the divers; and J J J 13-588 09/18/13 WHEREAS, Firefighter Fields was selected by his peers as a 2012 Nationwide "Top 20" of Heroism Awards by FIREHOUSE Magazine; and WHEREAS, on October 9, 2012, the Chesterfield Department of Fire and EMS awarded Firefighter Fields with its highest level of bravery - The Department Medal of Valor. NOW, THEREFORE, BE IT RESOLVED County Board of Supervisors, this 18th publicly recognizes the contributions Fields and expresses the appreciation his courageous and unselfish acts in citizen. that the Chesterfield day of September 2013, of Firefighter Dale of all residents for saving the life of a AND, BE IT FURTHER RESOLVED that a copy of this resolution be presented to Firefighter Dale Fields and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Ayes: Jaeckle, Elswick, Warren and Holland. Nays: None. Absent: Gecker. Ms. Jaeckle presented the executed resolution to Firefighter Fields and commended him on his courageous and unselfish act in saving the life of a citizen. Mr. Elswick, Mr. Holland and Mr. Warren all highly praised Firefighter Fields for his brave act of heroism. Mr. Stegmaier also commended Firefighter Fields for his courageous deed. 5.C. DEPARTMENT, UPON HIS RETIREMENT RECOGNIZING CORPORAL MICHAEL D. NASH, POLICE Col. Dupuis introduced Corporal Michael D. Nash, who was present to receive the resolution. On motion of Mr. Elswick, seconded by Mr. Holland, the Board adopted the following resolution: WHEREAS, Corporal Michael D. Nash retired from the Chesterfield County Police Department on August 1, 2013, after providing nearly 32 years of dedicated and professional service to the citizens of Chesterfield County; and WHEREAS, Corporal Nash has faithfully served the county in the capacity of Police Officer, Senior, Master, Career Police Officer and Corporal; and WHEREAS, during his tenure, Corporal Nash has served as a Field Training Officer, Desk Officer, Lead Driving Training Instructor, member of the Honor Guard, Motorcycle Unit, and Crash Team Investigator; and WHEREAS, Corporal Nash is also a National Highway Traffic Safety Administration (NHTSA) Certified Child Safety Seat Technician Instructor and a Certified Federal Motor Carrier Inspector; and WHEREAS, due to his extensive knowledge of traffic and crash reconstruction, Corporal Nash is known as an expert in traffic matters and is dedicated to traffic safety; and 13-589 09/18/13 WHEREAS, Corporal Nash was instrumental in the opening of the Enon Driver Training Facility and the development of a new driving course, and he also developed an internal siren system for the facility, which provided for a high level of training for officers while maintaining a positive relationship with the facility's adjoining neighbors; and WHEREAS, Corporal Nash received a Meritorious Service Award for his development and participation in the "Sears Presentation" program, created with Jessica Sears, which increases awareness of potentially harmful effects of high speed driving and has been presented to law enforcement agencies nationwide; and WHEREAS, Corporal Nash has received numerous letters of commendation, thanks and appreciation during his career from the citizens of Chesterfield County for service rendered; and WHEREAS, Corporal Nash has provided the Chesterfield County Police Department with many years of loyal and dedicated service; and WHEREAS, Chesterfield County and the Board of Supervisors will miss Corporal Nash's diligent service. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 18th day of September 2013, publicly recognizes Corporal Michael D. Nash, and extends on behalf of its members and the citizens of Chesterfield County, appreciation for his service to the county, congratulations upon his retirement, and best wishes for a long and happy retirement. AND, BE IT FURTHER RESOLVED, that a copy of this resolution be presented to Corporal Nash, and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Ayes: Jaeckle, Elswick, Warren and Holland. Nays: None. Absent: Gecker. Ms. Jaeckle presented the executed resolution to Corporal Nash and commended him on his many years of loyal and dedicated service. Mr. Warren, Mr. Elswick and Mr. Holland highly praised Corporal Nash for his diligent and loyal service to the citizens of the county. Mr. Stegmaier presented Corporal Nash with an acrylic statue and county watch and expressed appreciation for his outstanding service to the county. Corporal Nash, accompanied by his loved ones, expressed his appreciation to the Board for the special recognition. Mr. Stegmaier recognized First Sergeant D. Wayne Holland who was in the audience, and commended his efforts for building a great relationship that the county has with the Virginia State Police. 6. WORK SESSIONS There were no Work Sessions at this time. 13-590 J J J 09/18/13 7. DEFERRED ITEMS 7.A. CONSIDERATION OF RESOLUTION AUTHORIZING ACCEPTANCE OF A RECREATIONAL TRAILS PROGRAM GRANT FOR THE R. GARLAND DODD PARK AT POINT OF ROCKS Mr. Golden stated state funds could not be redirected to the Pocahontas State Park trail program; however, it was suggested that the grant program should be examined for a possible source of funds that could be directly applied by Pocahontas State Park. On motion of Mr. Elswick, seconded by Mr. Holland, the Board authorized the County Administrator to execute a grant agreement with the Virginia Department of Conservation and Recreation for construction of trails at R. Garland Dodd Park. And, further, the Board adopted the following resolution: RESOLUTION AUTHORIZING ACCEPTANCE OF A RECREATIONAL TRAILS PROGRAM GRANT FOR R. GARLAND DODD PARK AT POINT OF ROCKS WHEREAS, under the provisions of the Recreational Trails Program, federal funding assistance is requested to aid in financing the cost of the construction and/or rehabilitation of recreational trails and trail related facilities; and WHEREAS, Chesterfield County considers it in the best public interest to complete the R. Garland Dodd/Point of Rocks Park recreational trail project described in the preliminary application and proposal description and environmental screening application. NOW, THEREFORE, BE IT RESOLVED that: 1. The County Administrator be authorized to complete the formal application and project administration process to DCR for funding assistance, to include application, agreement and funding of the project; 2. Any fund assistance received shall be used for implementation and completion of R. Garland Dodd/Point of Rocks Park Recreational trail project within the specified timeframe; 3. Chesterfield County hereby certifies that project funding is committed and will be derived from the Parks and Recreation Capital Improvement Program; 4. We acknowledge that we are responsible for supporting all non-cash commitments to this project should they not materialize; 5. We are aware that the grant, as approved by the Federal Highway Administration, will be paid on an 80-20 reimbursement basis. This means we may only request payment after eligible and allowable costs have already been paid and remitted to our vendors and evidence of such has been provided to DCR in the format required by the project agreement; 13-591 09/18/13 6. This resolution becomes part of a formal application and project administration process to the Virginia Department of Conservation & Recreation; 7. We acknowledge that we are responsible for compliance with the National Environmental Policy Act, Endangered Species Act, Historic Preservation Act and all applicable state and federal laws provided appropriate opportunity for public comment on this application; and 8. We acknowledge that appropriate opportunity for public comment will be provided on this application and project administration process and evidence of such is a required component for approval. Ayes: Jaeckle, Elswick, Warren and Holland. Nays: None. Absent: Gecker. 7.B. CONSIDERATION OF LEASE OF REAL PROPERTY AT THE SOFTBALL COMPLEXES AT HARRY G. DANIEL PARK AT IRON BRIDGE AND WARBRO ATHLETIC COMPLEX FOR THE OPERATION OF SOFTBALL PROGRAMS Mr. Golden referenced the results of the audit of the current lease and noted that a draft for a new request for proposal under the new terms has been completed. He expressed his appreciation to county staff and representatives of the softball community who addressed some issues and provided insight relative to the lease. He noted staff is prepared to make changes to documents at the Board's request. He expressed appreciation to the Board for their patience during the process. Mr. Warren stated unfortunate circumstances were beyond the control of staff and the current contractor; however, the results have put the county in a disparaging spotlight. He further stated staff needs to spend more time making sure information provided by the softball players is clear and included in future proposals. He stressed the importance of clarifying the work that is to be done, as well as, specifications. He expressed concerns relative to requirements not being managed to the full extent. Ms. Jaeckle stated examination of the lease has turned into a very arduous process. She further stated she has taken into consideration all of the comments and concerns relative to the issue. She stated she was very concerned about the violations of the lease and the audit results; however, she stated she believes the current lessee was unable to substantiate certain conditions. She expressed concerns relative to the possibility of county micromanagement of conditions, without giving the lessee a chance to make improvements and follow certain guidelines. She stated she believes the current lessee is a competent vendor. Mr. Holland stated Mr. Tiller appears to be doing a fine job; however, he stated he cannot gain a comfortable understanding relative to the current agreement. He stressed his approval with the idea to advertise and complete a new request for a proposal. 13-592 J J J 09/18/13 Discussion ensued relative to conditions required to increase adult softball. Mr. Holland noted he was very pleased to have his concerns addressed by staff; however, he expressed his general uneasiness relative to the process. Mr. Elswick stressed the importance of ensuring county residents that a professional business is operating the adult softball programs. He stated the results of the audit reflect a failure by the county and the lessee. Discussion ensued relative to the results of the audit. In response to Mr. Warren's questions, Mr. Golden stated the current lease will expire on December 31, 2013. He further stated softball teams will commence with practice in the spring of 2014. He noted the request for proposal has been drafted. In response to Mr. Warren's question, Mr. Mincks stated the request for proposal is prepared to re-advertise at the Board's desire. Mr. Warren then made a motion, seconded by Mr. Holland, for the Board to approve advertising and completing a new request for proposals of lease of real property at the softball complexes at Harry G. Daniel Park at Iron Bridge and Warbro Athletic Complex for the operation of softball programs. Ayes: Nays: Absent 7.C. Elswick, Warren and Holland. Jaeckle. Gecker. POLICY CONSIDERATION OF PROPOSED REVISIONS TO THE CASH PROFFER Mr. Carmody stated on August 28, 2013, the Board of Supervisors held a work session on cash proffers to review two topics: 1) cash proffer payment amounts relative to the maximum cash proffer; and 2) differentiation in the maximum cash proffer based on housing type. He further stated during the work session, with respect to topic #1, staff presented. options the Board could implement if they desired to limit escalated per dwelling unit cash proffer payment amounts to no more than the Board established maximum cash proffer in place at the time of payment. He stated with respect to topic #2, staff has provided the Board with information related to the schedule. He further stated as part of the Board's discussion at the last meeting, a proposal was made and discussed that would amend the Board's cash proffer policy to allow per dwelling unit cash proffer payments to be fixed at the amount approved for a period of three years after approval of a zoning request. He stated the proffer would then be escalated to reflect the cumulative three-year change in the index. Thereafter, he stated the approved cash proffer amount would be escalated annually by the annual change in the Marshall and Swift Building Cost Index. He noted if the Board wishes to adopt this proposal and therefore exclude per dwelling unit cash proffer amounts from escalation for a period of three years, staff would recommend adoption of the attached policy revision. He stated if adopted, this approach 13-593 09/18/13 provides relief from escalation for a defined time period; retains the ability for payment amounts to escalate if development continues beyond three years from approval of the zoning; and discourages so called "land banking" of zoning conditions, particularly the cash proffer. He further stated to enact this proposal, the Board could adopt the proposed policy revision and thereafter, an applicant would have to propose, and the Board would have to approve, proffered conditions to effect the described change - a policy revision alone cannot amend already approved zoning conditions. He stated such conditions could be offered in a new zoning case and furthermore, for existing cases with cash proffers, property owners can file an application to amend the cash proffer associated with already zoned properties. He noted if brought forward as an amendment to an approved case, staff would recommend that the existing zoning fee (currently $1,500) for amending conditions remain unchanged. He stated staff recommends leaving the fee unchanged as the cost of processing the application including advertisements, posting of properties, notice provisions, and presumed neighborhood meetings is deemed to be in line with the effort for processing other types of amendments subject to the same fee structure. In response to Mr. Holland's questions, Mr. Carmody stated the proposal before the Board goes some distance to create an incentive for someone to complete a project in a timely manner, to get it started and well underway, otherwise the developer will be subject to escalation under the proposal. He further stated cash proffer amounts shall be fixed for a period of three years beginning on July 1 of the fiscal year in which a case is approved. He further stated thereafter, cash proffer amounts shall be automatically adjusted, annually, by the annual change in the Marshall and Swift Building Cost Index on July 1 of each year. Mr. Holland expressed concerns relative to cash proffers and time value of money. In response to Ms. Jaeckle's concern, Mr. Carmody stated the Board could offer some relief through another action if the circumstance arises that the three-year time period has elapsed and a developer's proffer is in an escalated position. In response to Mr. Stegmaier's question, Mr. Carmody stated the proposal does not present the concept relative to the amount an individual would pay based on the lesser of the escalated proffer amount or the maximum amount established by the Board. Mr. Mincks stated the Board could accept an applicant's proffered condition that establishes that concept. In response to Mr. Warren's question relative to deferred zoning cases, Mr. Carmody stated some Planning Commissioners are looking for direction and guidance from the Board of Supervisors, in terms of policy implementation, and further noted that staff can make recommendations on cases brought forward under the existing policy. Mr. Elswick noted a few of the deferred cases Mr. Warren was referring to are in the Matoaca District, and he assured the Board those cases would move as quickly as possible. 13-594 J J J 09/18/13 Mr. Warren expressed his approval of the proposal. Ms. Jaeckle stated the three-year time period is unrealistic relative to site plans and how long it takes to push a case through the system. She urged the Board to consider changing the time period from three years to four years before the amount is automatically adjusted. Discussion ensued relative to policy modifications to fix payment amounts for a period of four years. Mr. Warren made a motion, seconded by Mr. Holland, for the Board to adopt the following cash proffer policy modifications to fix payment amounts for a period of four years: 10. The Board of Supervisors has established $18,966 as the maximum per dwelling unit cash proffer that it will accept in a zoning case. The Board has also established that, absent other Board action, approved per dwelling unit cash proffer amounts shall be fixed for a period of four years beginning on July 1 of the fiscal year in which a case is approved. Thereafter, cash proffer amounts shall be automatically adjusted, annually, by the annual change in the Marshall and Swift Building Cost Index on July 1 of each year, subject to paragraph 11, below. 11. The amount of the first adjustment for the per dwelling unit cash proffer for approved cases, absent any other Board action, shall be an amount equal to the per dwelling unit cash proffer amount approved with the case adjusted for the four year cumulative change in the Marshall and Swift Building Cost Index between July 1 of the year in which the case was approved and July 1 four years later. Thereafter, the per dwelling unit cash proffer amount shall be automatically adjusted, annually, by the annual change in the Marshall and Swift Building Cost Index on July 1 of each year. Ayes: Jaeckle, Elswick, Warren and Holland. Nays: None. Absent: Gecker. 8. NEW BUSINESS 8.A. APPOINTMENTS On motion of Mr. Holland, seconded by Mr. Elswick, the Board suspended its rules at this time to allow for simultaneous nomination/appointment/reappointment to the Richmond Area Metropolitan Planning Organization, Youth Services Citizen Board, GRTC Board of Directors, Board of Building Code Appeals, Airport Advisory Board and Committee on the Future. Ayes: Jaeckle, Elswick, Warren and Holland. Nays: None. Absent: Gecker. 13-595 09/18/13 8.A.1. RICHMOND AREA METROPOLITAN PLANNING ORGANIZATION On motion of Mr. Holland, seconded by Mr. Warren, the Board simultaneously nominated/appointed Mr. Stephen Elswick to serve on the Richmond Area Metropolitan Planning Organization, whose term is effective immediately and will expire on December 31, 2015. Ayes: Jaeckle, Elswick, Warren and Holland. Nays: None. Absent: Gecker. 8.A.2. YOUTH SERVICES CITIZEN BOARD On motion of Mr. Holland, seconded by Mr. Warren, the Board simultaneously nominated/appointed/reappointed Ms. Julie Ranson and Mr. David Glass to serve on the Youth Services Citizen Board, whose terms are effective on October 1, 2013 and will expire on June 30, 2016. Ayes: Jaeckle, Elswick, Warren and Holland. Nays: None. Absent: Gecker. 8.A.3. GRTC BOARD OF DTRF.CTnRG On motion of Mr. Holland, seconded by Mr. Elswick, the Board simultaneously nominated/appointed Mr. David K. Smith, Mr. David Matthews and Mr. Gary Armstrong to serve on the GRTC Board of Directors, whose terms are effective on October 10, 2013 and will expire on October 9, 2014. And, further, the Board authorized the County Administrator or his designee to appear at the annual meeting and vote of behalf of the county for the GRTC Directors appointed by the Chesterfield County Board of Supervisors and by the Richmond City Council. Ayes: Jaeckle, Elswick, Warren and Holland. Nays: None. Absent: Gecker. 8.A.4. BOARD OF BUILDING CODE APPEALS On motion of Mr. Holland, seconded by Mr. Elswick, the Board simultaneously nominated/reappointed Mr. Robert W. Andrus, Mr. Steven M. Applegate, Mr. Michael C. Bricker, Mr. William G. Fields, Mr. Mike Gill and Mr. Timothy D. Grider to serve on the Board of Building Code Appeals, whose terms are effective immediately and will expire on September 17, 2015. Ayes: Jaeckle, Elswick, Warren and Holland. Nays: None. Absent: Gecker. 13-596 J J J 09/18/13 8.A.5. AIRPORT ADVISORY BOARD On motion of Mr. Holland, seconded by Mr. Elswick, the Board simultaneously nominated/appointed Mr. Steve Uphoff, representing the Matoaca District, to serve on the Airport Advisory Board, whose term is effective immediately and will expire on May 22, 2014. Ayes: Jaeckle, Elswick, Warren and Holland. Nays: None. Absent: Gecker. 8.A.6. COMMITTEE ON THE FUTURE On motion of Mr. Holland, seconded by Mr. Elswick, the Board simultaneously nominated/appointed Mr. Willie H. Lewis, Jr., representing the Matoaca District, to serve on the Committee on the Future at the pleasure of the Board. Ayes: Jaeckle, Elswick, Warren and Holland. Nays: None. Absent: Gecker. 8.B. CONSENT ITEMS 8.B.1. ADOPTION OF RESOLUTIONS 8.B.l.a. RECOGNIZING OCTOBER 6-12, 2013, AS "FIRE PREVENTION WEEK" IN CHESTERFIELD COUNTY On motion of Mr. Elswick, seconded by Mr. Holland, the Board adopted the following resolution: WHEREAS, the County of Chesterfield is committed to ensuring the safety and security of all those living in and visiting our county; and WHEREAS, fire is a serious public safety concern both locally and nationally, and homes are where people are at greatest risk to fire; and WHEREAS, home fires killed more than 2,500 people in the United States in 2011, according to the latest research from the nonprofit National Fire Protection Association (NFPA), and fire departments in the United States responded to more than 370,000 home fires; and WHEREAS, cooking is the leading cause of home fires in the United States where fire departments responded to more than 156,000 annually between 2007 and 2011; and WHEREAS, two of every five home fires start in the kitchen; and WHEREAS, unattended equipment was a factor in one-third of the reported cooking fires; and WHEREAS, 57 percent of reported non-fatal home cooking fire injuries occurred when the victims tried to fight the fire themselves; and 13-597 09/18/13 WHEREAS, Chesterfield County residents should stay in the kitchen at all times while cooking, keep a three-foot kid-free zone around cooking areas and keep anything that can catch fire away from stove tops; and WHEREAS, Chesterfield County residents who have planned and practiced a home fire escape are more prepared and will, therefore, be more likely to survive a fire; and WHEREAS, working smoke alarms cut the risk of dying in reported home fires in half; and WHEREAS, Chesterfield Fire and EMS personnel are dedicated to reducing the occurrence of home fires and home fire injuries through prevention and protection education; and WHEREAS, Chesterfield County residents are responsive to public education measures and are able to take personal steps to increase their safety from fire, especially in their homes; and WHEREAS, the 2013 Fire Prevention Week theme, "Prevent Kitchen Fires" effectively serves to remind us to stay alert and use caution when cooking to reduce the risk of kitchen fires. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes October 6-12, 2013, as "Fire Prevention Week" throughout the county, and urges all" the citizens of Chesterfield County to check their kitchens for fire hazards during Fire Prevention Week 2013, and to use safe cooking practices all year. Ayes: Jaeckle, Elswick, Warren and Holland. Nays: None. Absent: Gecker. 8.B.l.b. RECOGNIZING COUNTY EMPLOYEES UPON THEIR RETIREMENT 8.B.1.b.1. SERGEANT MATTHEW D. MCCARTNEY, POLICE DEPARTMENT On motion of Mr. Elswick, seconded by Mr. Holland, the Board adopted the following resolution: WHEREAS, Sergeant Matthew D. McCartney will retire from the Chesterfield County Police Department on October 1, 2013, after providing more than 25 years of dedicated and professional service to the citizens of Chesterfield County; and WHEREAS, Sergeant McCartney has faithfully served the county in the capacity of Patrol Officer, Senior, Master, Career Officer, Corporal and Sergeant; and WHEREAS, during his tenure, Sergeant McCartney has served as a Field Training Officer, Evidence Technician, D.A.R.E. Officer, Desk Officer, Patrol Rifle Operator, Police Recruiter, and Spanish Speaking Liaison; and WHEREAS, Sergeant McCartney has been a long-term member of the Police Honor Guard where he has served as Honor Guard Coordinator, and he and his fellow unit members have received 13-598 J J J 09/18/13 two unit citations for their exemplary work and professionalism displayed during numerous assignment details; and WHEREAS, Sergeant McCartney has served as the Assistant Squad Leader for the Special Response Unit; and WHEREAS, Sergeant McCartney received a Chief's Commendation for the apprehension of an armed robbery suspect following a pursuit, when his veteran police skills and instincts were instrumental in bringing the incident to a successful conclusion; and WHEREAS, Sergeant McCartney was recognized with a National Service Award for his selfless gift of service in assisting his fellow brother and sister law enforcement officers and the citizens of Mississippi in the aftermath of Hurricane Katrina; and WHEREAS, Sergeant McCartney was the recipient of a Chief's Commendation Award for an exemplary display of teamwork during a call of a suspicious person with a weapon, when he and his fellow officers successfully wrestled the gun away from and arrested the combative subject, thereby averting a potential tragedy; and WHEREAS, Sergeant McCartney has received numerous letters of thanks and appreciation from the citizens of Chesterfield County for service rendered; and WHEREAS, Sergeant McCartney has provided the Chesterfield County Police Department with many years of loyal and dedicated service and consistently served as an outstanding role model during his career; and WHEREAS, Chesterfield County and the Board of Supervisors will miss Sergeant McCartney's diligent service. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes Sergeant Matthew D. McCartney, and extends on behalf of its members and the citizens of Chesterfield County, appreciation for his service to the county, congratulations upon his retirement, and best wishes for a long and happy retirement. Ayes: Jaeckle, Elswick, Warren and Holland. Nays: None. Absent: Gecker. 8.B.1.b.2. CORPORAL L. PRESTON PINKLETON, POLICE DEPARTMENT On motion of Mr. Elswick, seconded by Mr. Holland, the Board adopted the following resolution: WHEREAS, Corporal Lawrence Preston Pinkleton will retire from the Chesterfield County Police Department on October 1, 2013, after providing 25 years of quality service to the citizens of Chesterfield County; and WHEREAS, Corporal Pinkleton has faithfully served the county in the capacity of Police Officer, Detective, and Detective First Class and has served in various assignments to include Desk Officer, I.D. Technician, Field Training Officer, School Resource Officer, Community Policing Officer, and as a member of the Larceny from Auto Task Force and South End Task Force; and 13-599 09/18/13 WHEREAS, Corporal Pinkleton successfully obtained the career development levels of Senior, Master, Career, and Corporal; and WHEREAS, Corporal Pinkleton and his fellow School Resource Officers were recognized with a Unit Citation Award for achieving a high volume of case resolutions while maintaining a strong focus on their normal duties at the schools; and WHEREAS, Corporal Pinkleton was the recipient of a Commendation Award for distinguishing himself in the resolution of a major vandalism case after 72 cases of vandalism were cleared in the county due to the skills, abilities and dedication of Corporal Pinkleton and other team members, and the City of Hopewell was also able to clear 35 similar cases; and WHEREAS, Corporal Pinkleton is recognized for his communication and human relations skills, his professionalism and his teamwork, all of which he has utilized within the Police Department and in assisting citizens of Chesterfield County; and WHEREAS, Corporal Pinkleton has received numerous letters of thanks and appreciation from the citizens of Chesterfield County for service rendered; and WHEREAS, Corporal Pinkleton has provided the Chesterfield County Police Department with many years of loyal and dedicated service; and WHEREAS, Chesterfield County and the Board of Supervisors will miss Corporal Pinkleton's diligent service. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes Corporal Lawrence Preston Pinkleton, and extends on behalf of its members and the citizens of Chesterfield County, appreciation for his service to the county, congratulations upon his retirement, and best wishes for a long and happy retirement. Ayes: Jaeckle, Elswick, Warren and Holland. Nays: None. Absent: Gecker. 8.B.1.b.3. CAPTAIN ALBERT S. THOMPSON, III, FIRE AND EMERGENCY MEDICAL SERVICES DEPARTMENT On motion of Mr. Elswick, seconded by Mr. Holland, the Board adopted the following resolution: WHEREAS, Captain Albert S. Thompson, III will retire from the Chesterfield Fire and Emergency Medical Services Department, Chesterfield County, on October 1, 2013; and WHEREAS, Captain Thompson was hired in October 1982 as the first certified Paramedic in the organization and attended Recruit School #13 and has faithfully served the county for 31 years in various assignments, including as a Firefighter/Paramedic at the Wagstaff Circle, Manchester, Buford and Dale Fire and EMS Stations; and WHEREAS, Captain Thompson was selected for the E.M.S. Med-Flight I (Medevac) program as its first Chief Flight Paramedic in April 2004 and served as a Flight Paramedic, Training Officer and Quality Assurance officer for more than 21 years; and 13-600 J J J 09/18/13 WHEREAS, Captain Thompson was recognized by the Virginia State Police on three occasions for his efforts in performing helicopter water rescues in the James River in May 1985; March 1988; and May 2004; and WHEREAS, Captain Thompson served on the Commonwealth of Virginia Department of Health, Office of Emergency Medical Services Statewide Medevac Committee and Hazardous Materials and Emergency Medical Services Committee; and WHEREAS, Captain Thompson developed and managed the training program, "Hazardous Materials Training for Emergency Medical Services", for the Commonwealth of Virginia Department of Health, Office of Emergency Medical Services; and WHEREAS, Captain Thompson obtained his Master's Degree in Adult Education from Virginia Commonwealth University in May 1991; and WHEREAS, Captain Thompson, with the approval and support of a Medical Control Physician, performed the first-known field amputation by a pre-hospital care provider in Virginia in order to save a person's life in November 1997; and WHEREAS, Captain Thompson was promoted to Lieutenant in June 2007, and served at the Ettrick and Swift Creek Fire and EMS Stations; and WHEREAS, Captain Thompson was promoted to Captain in October 2010, and served as the Deputy Director of Emergency Medical Services; and WHEREAS, Captain Thompson has served as the department's Infection Control Officer, Privacy Officer, Pharmacy Control Officer, Custodian of Medical Records and as the Treasurer of the Chesterfield EMS Advisory Committee; and WHEREAS, Captain Thompson participated on regional and state Emergency Medical Services (EMS) Committees to enhance the training and delivery of EMS locally, regionally and statewide; and WHEREAS, Captain Thompson has served as an Emergency Medical Technician - Instructor, Basic Life Support (CPR)Instructor; Advance Cardiac Life Support Instructor and a Pre-Hospital Trauma Life Support Instructor during his time with Chesterfield Fire and EMS; and WHEREAS, Captain Thompson has instructed and lectured at regional, state and national Emergency Medical Services Conferences and Continuing Education classes; and WHEREAS, Captain Thompson has received numerous county and state EMS Lifesave and Unit awards. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes the contributions of Captain Albert S. Thompson, III, expresses the appreciation of all residents for his service to the county, and extends appreciation for his dedicated service and congratulations upon his retirement. Ayes: Jaeckle, Elswick, Warren and Holland. Nays: None. Absent: Gecker. 13-601 09/18/13 8.B.2. DONATION OF SURPLUS PROPERTY TO THE VIRGINIA DEPARTMENT OF FORENSIC SCIENCE On motion of Mr. Elswick, seconded by Mr. Holland, the Board approved the donation of surplus ammunition from the Police Department to the Virginia Department of Forensic Science. Ayes: Jaeckle, Elswick, Warren and Holland. Nays: None. Absent: Gecker. 8.B.3. APPROVAL OF DESIGN, APPROPRIATION OF FUNDS AND AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT FOR THE EAST RIVER ROAD WIDENING PROJECT On motion of Mr. Elswick, seconded by Mr. Holland, the Board approved the design of the East River Road Widening Project; appropriated and/or transferred up to $3,600,000 from the identified sources with the understanding that the Industrial Access and other project funds temporarily borrowed will be repaid upon VDOT approval of the FY15 Revenue Sharing funds for the River Road Widening Project; and authorized award of a construction contract, up to $6,100,000, to the lowest responsive and responsible bidder(s). Ayes: Jaeckle, Elswick, Warren and Holland. Nays: None. Absent: Gecker. 8.B.5. STATE ROADS ACCF.PTANCF On motion of Mr. Elswick, seconded by Mr. Holland, 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 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. 13-602 J J J 09/18/13 Project/Subdivision: Harpers Mill Section 2 Type Change to the Secondary System miles of State Highways: Addition Reason for Change: New subdivision street Pursuant to Code of Virginia Statute: §33.1-229 Street Name and/or Route Number • Shady Banks Drive, State Route Number 4209 From: Featherchase Drive, (Route 4215) To: Lowwin Lane, (Route 7714), a distance of: 0.09 miles. Recordation Reference: Plat Book 191, Page 64 Right of Way width (feet) = 55 • Wintic Place, State Route Number 7722 From: Badestowe Drive, (Route 7720) To: Cul-de-Sac, a distance of: 0.02 miles. Recordation Reference: Plat Book 191, Page 64 Right of Way width (feet) = 50 • Thirsk Lane, State Route Number 7719 From: Blackrail Road, (Route 7717) To: Cul-de-Sac, a distance of: 0.01 miles. Recordation Reference: Plat Book 191, Page 64 Right of Way width (feet) = 55 • Blackrail Road, State Route Number 7717 From: Shady Banks Drive, (Route 4209) To: Cul-de-Sac, a distance of: 0.08 miles. Recordation Reference: Plat Book 191, Page 64 Right of Way width (feet) = 50 • Thirsk Lane, State Route Number 7719 From: Blackrail Road, (Route 7717) To: Badestowe Drive, (Route 7720), a distance of: 0.08 miles. Recordation Reference: Plat Book 191, Page 64 Right of Way width (feet) = 55 • Badestowe Drive, State Route Number 7720 From: Wintic Place, (Route 7722) To: Deeley Lane, (Route 7723), a distance of: 0.09 miles. Recordation Reference: Plat Book 191, Page 64 Right of Way width (feet) = 55 • Badestowe Drive, State Route Number 7720 From: Deeley Lane, (Route 7723) To: Cul-de-Sac, a distance of: 0.03 miles. Recordation Reference: Plat Book 191, Page 64 Right of Way width (feet) = 55 • Deeley Lane, State Route Number 7723 From: Badestowe Drive, (Route 7720) To: End of Maintenance, a distance of: 0.05 miles. Recordation Reference: Plat Book 191, Page 64 Right of Way width (feet) = 55 • Shady Banks Drive, State Route Number 4209 From: Monks Place, (Route 7716) To: Blackrail Road, (Route 7717), a distance of: 0.06 miles. Recordation Reference: Plat Book 191, Page 64 Right of Way width (feet) = 55 13-603 09/18/13 • Shady Banks Drive, State Route Number 4209 From: Blackrail Road, (Route 7717) To: Cul-de-Sac, a distance of: 0.06 miles. Recordation Reference: Plat Book 191, Page 64 Right of Way width (feet) = 50 • Badestowe Drive, State Route Number 7720 From: Thirsk Lane, (Route 7719) To: Cul-de-Sac, a distance of: 0.08 miles. Recordation Reference: Plat Book 191, Page 64 Right of Way width (feet) = 50 • Badestowe Drive, State Route Number 7720 From: Badestowe Court, (Route 7721) To: Wintic Place, (Route 7722), a distance of: 0.07 miles. Recordation Reference: Plat Book 191, Page 64 Right of Way width (feet) = 55 • Blackrail Place, State Route Number 7718 From: Blackrail Road, (Route 7717) To: Cul-de-Sac, a distance of: 0.03 miles. Recordation Reference: Plat Book 191, Page 64 Right of Way width (feet) = 50 • Badestowe Court, State Route Number 7721 From: Badestowe Drive, (Route 7720) To: Cul-de-Sac, a distance of: 0.07 miles. Recordation Reference: Plat Book 191, Page 64 Right of Way width (feet) = 50 • Shady Banks Drive, State Route Number 4209 From: Lowwin Lane, (Route 7714) To: Monks Place, (Route 7716), a distance of: 0.07 miles. Recordation Reference: Plat Book 191, Page 64 Right of Way width (feet) = 55 • Lowwin Terrace, State Route Number 7715 From: Lowwin Lane, (Route 7714) To: Cul-de-Sac, a distance of: 0.03 miles. Recordation Reference: Plat Book 191, Page 64 Right of Way width (feet) = 50 • Lowwin Terrace, State Route Number 7715 From: Lowwin Lane, (Route 7714) To: Cul-de-Sac, a distance of: 0.04 miles. Recordation Reference: Plat Book 191, Page 64 Right of Way width (feet) = 50 • Monks Place, State Route Number 7716 From: Shady Banks Drive, (Route 4209) To: Cul-de-Sac, a distance of: 0.02 miles. Recordation Reference: Plat Book 191, Page 64 Right of Way width (feet) = 50 • Blackrail Road, State Route Number 7717 From: Shady Banks Drive, (Route 4209) To: Blackrail Place, (Route 7718), a distance of: 0.06 miles. Recordation Reference: Plat Book 191, Page 64 Right of Way width (feet) = 55 13-604 J J J 09/18/13 k L State Route Number 7719 • Thirs ane, From: Badestowe Drive, (Route 7720) To: End of Maintenance, a distance of: 0.03 miles. Recordation Reference: Plat Book 191, Page 64 Right of Way width (feet) = 55 • Lowwin Lane, State Route Number 7714 From: Shady Banks Drive, (Route 4209) To: Lowwin Terrace, (Route 7715), a distance of: 0.04 miles. Recordation Reference: Plat Book 191, Page 64 Right of Way width (feet) = 50 • Badestowe Drive, State Route Number 7720 From: Thirsk Lane, (Route 7719) To: Badestowe Court, (Route 7721), a distance of: 0.13 miles. Recordation Reference: Plat Book 191, Page 64 Right of Way width (feet) = 55 • Blackrail Road, State Route Number 7717 From: Blackrail Place, (Route 7718) To: Thirsk Lane, (Route 7719), a distance of: 0.04 miles. Recordation Reference: Plat Book 191, Page 64 Right of Way width (feet) = 55 Ayes: Jaeckle, Elswick, Warren and Holland. Nays: None. Absent: Gecker. 8.B.6. APPROVAL OF MEMORANDA OF UNDERSTANDING FOR RADIO INTEROPERABILITY BETWEEN THE CHESTERFIELD COUNTY POLICE DEPARTMENT AND THE CITY OF COLONIAL HEIGHTS, POWHATAN COUNTY AND THE CITY OF HOPEWELL On motion of Mr. Elswick, seconded by Mr. Holland, the Board approved memoranda of understanding for radio interoperability between the Chesterfield County Police Department and the City of Colonial Heights, Powhatan County and the City of Hopewell, and authorized the Chief of Police to execute the memoranda of understanding on behalf of the county. Ayes: Jaeckle, Elswick, Warren and Holland. Nays: None. Absent: Gecker. 8.B.7. REQUEST FOR PERMISSION FROM DAVID S. CLEMENTS AND ELIZABETH B. CLEMENTS FOR A PROPOSED CONCRETE DRIVEWAY TO ENCROACH WITHIN A SIXTEEN-FOOT DRAINAGE EASEMENT ACROSS LOT 27, SUMMER LAKE, SECTION 6 On motion of Mr. Elswick, seconded by Mr. Holland, the Board granted David S. Clements and Elizabeth B. Clements permission for a proposed concrete driveway to encroach within a 16' drainage easement across Lot 27, Summer Lake, Section 6, 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 and Holland. Nays: None. Absent: Gecker. 13-605 09/18/13 8.B.8. ACCEPTANCE OF PARCELS OF LAND 8.B.8.a. ALONG CHARTER COLONY PARKWAY AND LEGORDON DRIVE FROM CHARTER (E&A), LLC On motion of Mr. Elswick, seconded by Mr. Holland, the Board accepted the conveyance of three parcels of land containing a total of 0.990 acres along Charter Colony Parkway and LeGordon Drive from Charter (E&A), LLC and authorized the County Administrator to execute the deed. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Jaeckle, Elswick, Warren and Holland. Nays: None. Absent: Gecker. 8.B.8.b. ALONG WEST HUNDRED ROAD FROM DDR BERMUDA SQUARE LLC On motion of Mr. Elswick, seconded by Mr. Holland, 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 16' drainage easement across property of DDR Bermuda Square LLC. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Jaeckle, Elswick, Warren and Holland. Nays: None. Absent: Gecker. 8.B.8.c. ALONG IRON BRIDGE ROAD FROM FAITH MEMORIAL BAPTIST CHURCH On motion of Mr. Elswick, seconded by Mr. Holland, the Board accepted the conveyance of a parcel of land containing 0.227 acres along Iron Bridge Road from Faith Memorial Baptist Church, 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 and Holland. Nays: None. Absent: Gecker. 8.B.9. REQUESTS TO QUITCLAIM 8.B.9.a. A PORTION OF A SIXTEEN-FOOT DRAINAGE EASEMENT AND TEMPORARY VIRGINIA DEPARTMENT OF TRANSPORTATION DRAINAGE EASEMENTS ACROSS THE PROPERTY OF CHARTER (E&A), LLC On motion of Mr. Elswick, seconded by Mr. Holland, 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 16' drainage easement and temporary VDOT drainage easements across the property of Charter (E&A), LLC. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Jaeckle, Elswick, Warren and Holland. Nays: None. Absent: Gecker. 13-606 J J J 09/18/13 8.B.9.b. ACROSS PROPERTY OF DDR BERMUDA SQUARE LLC A PORTION OF A SIXTEEN-FOOT DRAINAGE EASEMENT On motion of Mr. Elswick, seconded by Mr. Holland, 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 16' drainage easement across the property of DDR Bermuda Square LLC. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Nays: Absent: 8.B.10. Jaeckle, Elswick, Warren and Holland. None. Gecker. APPROVAL OF CHANGE ORDER NUMBER ONE FOR THE ELKHARDT WATER TANK RENOVATIONS PROJECT On motion of Mr. Elswick, seconded by Mr. Holland, the Board approved Change Order Number One for the Elkhardt 2.5 Million Gallon Tank Renovations Project in the amount of $121,300 and authorized the County Administrator to execute the necessary documents. Ayes: Jaeckle, Nays: None. Absent: Gecker. 9. REPORTS Elswick, Warren and Holland. 9.A. REPORT ON STATUS OF GENERAL FUND BALANCE, RESERVE FOR FUTURE CAPITAL PROJECTS, DISTRICT IMPROVEMENT FUNDS AND LEASE PURCHASES On motion of Mr. Elswick, seconded by Mr. Holland, the Board accepted the following report: a Report on Status of General Fund Balance, Reserve for Future Capital Projects, District Improvement Funds and Lease Purchases. Ayes: Jaeckle, Elswick, Warren and Holland. Nays: None. Absent: Gecker. 10. MATTERS FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED Ms. Renee Farkas urged the Board to create an interactive web page in order for citizens to log complaints/concerns regarding the Shoosmith Landfill. Mr. Holland stated a committee has been formed to resolve and address citizens' concerns relative to the landfill. Mr. Stegmaier informed Ms. Farkas that a IST staff member would be contacting her in the near future. 13-607 09/18/13 11. DINNER On motion of Mr. Elswick, seconded by Mr. Warren, the Board recessed to Room 504 for dinner with members of the Planning Commission. Ayes: Jaeckle, Elswick, Nays: None. Absent: Gecker. Reconvening: Warren and Holland. Ms. Jaeckle noted Mr. Gecker's absence from the meeting. 12. INVOCATION Dr. Sheryl Bailey, Deputy County Administrator, gave the invocation. 13. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Eagle Scout Thomas Godon led the Pledge of Allegiance. 14. RESOLUTIONS 14.A. RECOGNIZING OCTOBER 8, 2013, AS "CHRISTMAS MOTHER DAY" IN CHESTERFIELD COUNTY Ms. Sharpe introduced Ms. Ann Muttart, who was present to receive the resolution. On motion of Mr. Warren, seconded by Mr. Elswick, the Board adopted the following resolution: WHEREAS, most families in Chesterfield County enjoy peace and happiness during the Christmas holidays; and WHEREAS, there are many children and elderly who are less fortunate and do not have the means to enjoy this special time of year; and WHEREAS, the Chesterfield-Colonial Heights Christmas Mother Program has successfully provided food, gifts and clothing to many of our citizens in the past; and WHEREAS, Ms. Ann Muttart has been elected Christmas Mother for 2013 and requests the support of all the citizens of Chesterfield County to ensure that those less fortunate may enjoy this special season of the year. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 18th day of September 2013, publicly recognizes October 8, 2013, as "Christmas Mother Day" and urges all citizens of Chesterfield County to support this worthy endeavor. AND, BE IT FURTHER RESOLVED that the Board of Supervisors publicly commends the Christmas Mother Program for its successful efforts in past years and extends best wishes for a successful 2013 season. 13-608 J J 09/18/13 AND, BE IT FURTHER RESOLVED that a copy of this resolution be presented to Ms. Muttart and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Ayes: Jaeckle, Elswick, Warren and Holland. Nays: None. Absent: Gecker. Ms. Jaeckle presented the executed resolution and contribution to Ms. Muttart on behalf of the county and wished her success as Christmas Mother. Ms. Muttart expressed her appreciation and provided information to the Board regarding the Christmas Mother program. 14.B. MONTH" IN CHESTERFIELD COUNTY RECOGNIZING SEPTEMBER 2013 AS "WORKFORCE DEVELOPMENT Ms. Snead introduced Ms. Karen Aylward, Ms. Sara Dunnigan, Mr. Will Verze, and Mr. Adam Austin who were present to receive the resolution. On motion of Mr. Holland, seconded by Mr. Elswick, the Board adopted the following resolution: WHEREAS, meaningful employment is fundamental to maintaining a healthy and vibrant economy as well as to providing the Capital Region with a sense of self-worth and contribution to their families and communities; and WHEREAS, the workforce of the Capital Region is the region's greatest asset and is vital to the region's ability to expand economic opportunities and firmly establish and maintain the Capital Region as a global leader in the 21St century; and WHEREAS, the dedicated men and women who support the workforce talent needs of the Capital Region through the Capital Region Workforce Partnership, which includes: the Resource Workforce Investment Board, the Capital Region Consortium of Elected Officials, the Capital Region Youth Council, and the Organizations and Agencies that staff the Resource Workforce Centers; all working with business, education, economic development, government, community based and faith based organizations and a myriad of training providers and other critical partners, are committed to assisting the Capital Region during these extraordinary economic times by providing exemplary career training and employment assistance to more than 23,000 citizens annually through the Resource Workforce Centers and Resource Community-Based Share Sites; and WHEREAS, the Capital Region's workforce system serves as a single point of contact for business, economic development and job seekers alike in the City of Richmond and the Counties of Charles City, Chesterfield, Goochland, Hanover, Henrico, New Kent and Powhatan; and 13-609 09/18/13 WHEREAS, the Capital Region Workforce Partnership remains firmly committed to the top priority of helping unemployed citizens get back to work with new and/or enhanced skills and credentials; assisting youth establish and implement their plans for post-secondary education and training; and assisting those who are employed with advancing within their career pathways and professions while maintaining the workforce system's demand-driven, business led focus and strengthening the Capital Region's Talent Supply Chain to ensure a sustainable and vibrant economic future for the Capital Region; and WHEREAS, the Capital Region is one of fifteen Workforce Investment Areas in the Commonwealth of Virginia; and WHEREAS, as a member of the Virginia Workforce Network engaged in enhancing the Commonwealth's ability to compete nationally and internationally by assisting employers in recruiting, retaining, and improving the performance of all workers and their enterprises. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Chesterfield County, Virginia hereby recognizes September 2013 as Workforce Development Month and calls this observance to the attention of all citizens. Ayes: Jaeckle, Elswick, Warren and Holland. Nays: None. Absent: Gecker. Mr. Holland presented the executed resolution to Ms. Aylward, Ms. Dunnigan, Mr. Verze, and Mr. Austin and commended them on the services they provide assisting employers to help improve the performance of all workers and their potential. Ms. Aylward, Ms. Dunnigan, Mr. Verze and Mr. Austin expressed their appreciation to the Board for their continued support. 14.C. RECOGNIZING THE 2013 CHESTERFIELD BASEBALL CLUBS INCORPORATED BRONCO-II-YEAR-OLD ALL-STAR TEAM FOR ITS OUTSTANDING ACCOMPLISHMENTS AND ITS EXCELLENT REPRESENTATION OF CHESTERFIELD COUNTY Mr. Golden introduced the coaches and players of the 2013 Chesterfield Baseball Clubs Incorporated Bronco-ll-year-old All-Star Team, who were present to receive the resolution. On motion of Mr. Holland, seconded by Mr. Warren, the Board adopted the following resolution: WHEREAS, participation in youth athletics has been an integral part of Chesterfield County's education, physical and emotional development for students; and WHEREAS, Mr. Baseball Clubs In coaching and manac led their team i incorporated tear country of Panama; Ashley Arrowood, coach of the Chesterfield . Bronco-11 All-Star Team, along with his ~r staff of Brad Chambers and Clint Farrar, i the Pony Bronco-11 World Series, which from three different states and the and 13-610 J J J 09/18/13 WHEREAS, under Mr. Arrowood and his staff's direction, the 2013 CBC Bronco-11 All-Star Team finished the tournament with an overall record of 4-1 and was crowned the World Series Champion; and WHEREAS, the team members include Brandon Arrowood, Bobby Ayscue, James Cermack, Christian Chambers, Zane Eggleston, Jacob Farrar, Carson Fuller, Cole Garrett, Jack Hall, Jaelen Hines, Ethan Iannuzzi, Ben Learner, Grant Vest and Myles Weeks; and WHEREAS, the Chesterfield community is extremely proud of the hard work and dedication displayed by these outstanding young athletes. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 18th day of September 2013, publicly recognizes the 2013 Chesterfield Baseball Clubs Inc. Bronco-11 All-Star Team for its outstanding representation of Chesterfield County, commends the team members on their commitment to excellence and sportsmanship, and expresses best wishes for continued success. AND, BE IT FURTHER RESOLVED that copies of this resolution be presented to the members of the 2013 Chesterfield Baseball Clubs Inc. Bronco-11 All-Star Team, and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Ayes: Jaeckle, Elswick, Warren and Holland. Nays: None. Absent: Gecker. Mr. Holland presented the executed resolution to Mr. Arrowood and players of the 2013 Chesterfield Baseball Clubs Inc. Bronco-11 All-Star Team, and congratulated them on an excellent season. Each player of the team introduced themselves. Mr. Arrowood expressed his appreciation to the Board for the special recognition. 14.D. OUTSTANDING CHARITABLE EFFORTS RECOGNIZING THE MIDLOTHIAN ROTARY CLUB FOR ITS Mr. Kappel introduced members of the Midlothian Rotary Club and other organizations. On motion of Mr. Holland, seconded by Mr. Elswick, the Board adopted the following resolution: WHEREAS, there are 34,282 Rotary Clubs and more than 1.2 million members worldwide in Rotary International, one of the largest social club organizations in the world; and WHEREAS, the mission of Rotary International clubs is to provide service to others, promote high ethical standards and advance world understanding, goodwill and peace through fellowship of business, professional and community leaders; and WHEREAS, the Midlothian Rotary Club is a member of Rotary International; and 13-611 09/18/13 WHEREAS, the Midlothian Rotary Club was founded in 1983; and WHEREAS, Midlothian Rotary Club members include business owners and local leaders who coordinate projects to benefit their community; and WHEREAS, the Magnificent Midlothian Food Festival was established by the Midlothian Rotary Club in 1988 as an event to raise funds for charity; and WHEREAS, early success of the Magnificent Midlothian Food Festival sparked partnerships with other local Rotary Clubs; and WHEREAS, currently, those partnerships include the Brandermill, Chester, Huguenot Trail, James River and Powhatan Rotary Clubs; and WHEREAS, the 25th Magnificent Midlothian Food Festival will be held on October 2, 2013; and WHEREAS, through its leadership, the Midlothian Rotary Club has raised more than 52.5 million for charities supporting children, families, and the elderly; and WHEREAS, among the local charities that have benefitted from the fundraising activities of the Midlothian Rotary Club are Boys and Girls Clubs of Metro Richmond and Chesterfield; FeedMore Food Bank/Meals on Wheels; the Midlothian and Manchester YMCA Bright Beginnings programs; Safe Harbor Domestic Violence Shelter; St. James' Children's Center; Chesterfield Communities in Schools and numerous others. NOW THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 18th day of September 2013, on behalf of all Chesterfield County residents, offers congratulations to the Midlothian Rotary Club on the 25th year of its Magnificent Midlothian Food Festival, expresses appreciation for the many charitable efforts by Midlothian Rotary Club members since the club's founding in 1983, and extends best wishes for continued success. AND, BE IT FURTHER RESOLVED that a copy of this resolution be presented to the Midlothian Rotary Club, and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Ayes: Jaeckle, Elswick, Warren and Holland. Nays: None. Absent: Gecker. Ms. Jaeckle presented the executed resolution to members of the Midlothian Rotary Club and expressed appreciation for their many charitable efforts. Mr. Warren congratulated the Midlothian Rotary Club on the success of the Midlothian Food Festival. Members of the Midlothian Rotary Club expressed appreciation to the Board for the recognition and their continued support. 13-612 J J 09/18/13 14.E. RECOGNIZING BOY SCOUTS UPON ATTAINING THE RANK OF EAGLE SCOUT Mr. Kappel introduced Mr. Thomas Andrew Godon, Mr. Patrick Eugene Holder, Mr. Eric Kalata and Mr. Zachary Chase Scribner, who were present to receive the resolutions. On motion of Mr. Holland, seconded by Mr. Warren, the Board adopted the following resolution: WHEREAS, the Boy Scouts of America was incorporated by Mr. William D. Boyce on February 8, 1910, and was chartered by Congress in 1916; and WHEREAS, the Boy Scouts of America was founded to build character, provide citizenship training and promote physical fitness; and 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. Thomas Andrew Godon, Mr. Patrick Eugene Holder, Mr. Eric Kalata and Mr. Zachary Chase Scribner, all of Troop 2860, sponsored by Woodlake 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, Tom, Patrick, Eric and Zachary 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 18th day of September 2013, publicly recognizes Mr. Thomas Andrew Godon, Mr. Patrick Eugene Holder, Mr. Eric Kalata and Mr. Zachary Chase Scribner, 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 and Holland. Nays: None. Absent: Gecker. Mr. Elswick and Mr. Warren presented executed resolutions and patches to Mr. Godon, Mr. Holder, Mr. Kalata and Mr. Scribner, accompanied by members of their families, congratulated them on their outstanding achievements, and wished them well in future endeavors. Each Eagle Scout provided details of their Eagle Scout projects and expressed appreciation to their families and others for their support. 13-613 09/18/13 15. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED MATTERS Mr. Ralph Carter expressed concerns relative to the imposition of a meals tax. Mr. Bob Olsen expressed concerns relative to the fee for providing documents under the Freedom of Information Act. Ms. Jackie Whitmore expressed concerns relative to the imposition of a meals tax. Ms. Julie Ranson expressed concerns relative to the imposition of a meals tax. Ms. Carrie Coyner presented information relative to the annual Massey Classic golf tournament, a special fundraising event dedicated to the eradication of cancer research, education and treatment. 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 urr~5lTloN - CASES WHERE THE APPLICANT DOES NOT ACCEPT THE RECOMMENDATION AND/OR THERE IS PUBLIC OPPOSITION WILL BE HEARD AT SECTION 18 13SN0131 (AMENDED) In Dale Magisterial District, Terraforge, Inc. requests amendment of conditional use planned development (Case 05SN0219) relative to the deletion of cash proffers; modifications to open space and recreational areas; and amendment of zoning district map in a Residential (R-12) District on 174.8 acres fronting 2,400 feet on the east line of Conifer Road, 480 feet south of Bellbrook 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 IDs 784-675-1052; 784-676-4783, 5382 and 6098; 784-677-4902; 785-675-2669, 2976, 3080, 3771 and 3975; 785-676-2781, 2890 and 8097; and 785-677-2754, 3100, 3236, 3310, 3418, 3527, 3658 and 4240. Mr. Turner stated Mr. Holland is requesting that Case 13SN0131 be remanded to the Planning Commission for further review. Ms. Carrie Coyner, representing the applicant, concurred with the remand request. Ms. Jaeckle called for public comment. There being no one to speak to the request, the public hearing was closed. Mr. Holland made a motion, seconded by Mr. Warren, for the Board to remand Case 13SN0131 to the Planning Commission. Ayes: Jaeckle, Elswick, Warren and Holland. Nays: None. Absent: Gecker. 13-614 J J J 09/18/13 13SN0505 In Bermuda Magisterial District, Jack R. Wilson, III requests rezoning from Community Business (C-3) to General Business (C-5) plus conditional use approval and amendment of zoning district map to permit motor vehicle title lending on .3 acre known as 11648 Jefferson Davis Highway. Density will be controlled by zoning conditions or ordinance standards. The Comprehensive Plan suggests the property is appropriate for Commercial use. Tax ID 797-659-4137. Mr. Turner stated Ms. Jaeckle is requesting a 30-day deferral to the October 23, 2013 regularly scheduled meeting. Mr. Jack Wilson acknowledged the deferral request. Ms. Jaeckle stated the Planning Commission approved a new ordinance for title lending, because it is a legitimate business in Virginia and cannot be discouraged from the county. She further stated she met with the applicant and disclosed that she would not approve the case. She stated the applicant currently has a fifteen-year lease on the property and requested a deferral in order to work through lease issues with the property owner. She expressed concerns relative to the lot being vacant for a long period of time. Ms. Jaeckle then called for public comment. Mr. Van Smith, representing the Chester Community Association, supported the deferral request. He stated parking and traffic issues need to be addressed before the zoning change is approved. Ms. Muriel Phaup, Bermuda District resident, supported the deferral request. There being no one else to speak to the deferral request, the public hearing was closed. On motion of Ms. Jaeckle, seconded by Mr. Elswick, the Board deferred Case 13SN0505 until October 23, 2013. Ayes: Jaeckle, Elswick, Warren and Holland. Nays: None. Absent: Gecker. 13SN0539 In Matoaca Magisterial District, MGME Richmond-Harbourside, LLC requests amendment of conditional use planned development (Case 88SN0056) relative to uses and amendment of zoning district map in a Neighborhood Business (C-2) District on 3.3 acres fronting 260 feet on the south line of Hull Street Road, 210 feet west of Mockingbird Lane. Density will be controlled by zoning conditions or ordinance standards.-The Comprehensive Plan suggests the property is appropriate for Neighborhood Business use. Tax ID 730-674-0607. Mr. Turner presented a summary of Case 13SN0539 and stated both the Planning Commission and staff recommended approval and acceptance of the one proffered condition. Mr. Michael Rothermel, representing the applicant, accepted the recommendation. 13-615 09/18/13 Ms. Jaeckle called for public comment. There being no one to address the issue, the public hearing was closed. On motion of Mr. Elswick, seconded by Mr. Warren, the Board approved Case 13SN0539 and accepted the following proffered condition: Condition 11 of Case 88SN0056, as amended in Case 02SN0236, be further amended to allow the following uses, in addition to those already permitted: a. Antique shops; b. Art schools, galleries or museums; c. Artist material and supply stores; d. Catering establishments; e. Curio or gift shops; f. Eyewear sales and services; g. Meat or seafood markets; h. Musical instrument stores; i. Pet shops, including pet grooming; j. Post offices and mailing services; k. Schools - music, dance and business; 1. Veterinary clinics; m. Recreational establishments, commercial-indoor: limited to dance studios, exercise and fitness studios, health clubs, martial arts studios, children's activity centers and other uses of similar intensity and nature as determined by the Director of Planning; n. Restaurants, to include carry-out; o. Secondhand and consignment stores (excluding motor vehicle consignment lots): provided that any tenant space shall not exceed 4,400 gross square feet. (P) (STAFF NOTE: These uses are in addition to those uses permitted by Case 88SN0056 and Case 02SN0236 and noted in Attachments 1 and 2.) Ayes: Jaeckle, Elswick, Warren and Holland. Nays: None. Absent: Gecker. 13-616 J J J 09/18/13 13SN0540 In Midlothian Magisterial District, Holiday Signs requests conditional use to permit an electronic message center sign and amendment of zoning district map in a General Industrial (I-2) District on 26 acres fronting in three (3) places for a total of 260 feet on the north line of Midlothian Turnpike, west of Watkins Centre Parkway, also fronting in two (2) places for a total of 1150 feet on the west line of Watkins Centre Parkway, north of Midlothian Turnpike. Density will be controlled by zoning conditions or ordinance standards. The Comprehensive Plan suggests the property is appropriate for Regional Mixed use. Tax IDs 714-711-9668; 715-711-4068, 8015, 8238; and 715-712-3410. Mr. Turner presented a summary of Case 13SN0540 and stated both the Planning Commission and staff recommended approval and acceptance of the proffered conditions. Mr. Evan Opel, representing the applicant, accepted the recommendation. Ms. Jaeckle called for public comment. There being no one to address the issue, the public hearing was closed. On motion of Ms. Jaeckle, seconded by Mr. Warren, the Board approved Case 13SN0540 and accepted the following proffered conditions: 1. In addition to Ordinance requirements, any computer- controlled, variable message, electronic sign shall conform to the following standards: a. Copy shall be limited to a maximum of three (3) lines and shall not move but may fade; b. The message or display shall be programmed to change no more than once every thirty (30) seconds; c. Sequential messaging shall be prohibited; d. Flashing and traveling messages shall be prohibited; e. Bijou lighting and animation effects shall be prohibited; f. The electronic message center shall be incorporated into an architecturally designed sign structure that is compatible and complimentary to the building it serves; and g. Brightness shall be limited so as not to exceed 0.3 foot candles above ambient light as measured using a foot candle meter at a distance of 100 feet. The computer-controlled, variable message, electronic sign shall have a photocell that automatically adjusts the brightness according to ambient light conditions. (P) 2. The sign location shall be limited to Tax ID 715-711- 8015. (P) Ayes: Jaeckle, Elswick, Warren and Holland. Nays: None. Absent: Gecker. 13-617 09/18/13 13SN0135 (AMENDED) In Dale Magisterial District, Nash Road/Woodpecker Road, LLC requests amendment of zoning (Cases 05SN0229 and lOSN0205) to modify the payment schedule of a transportation contribution and to amend cash proffers relative to escalation and amendment of zoning district map in a Residential (R-40) District on 396.5 acres fronting 1,100 feet on the southeast line of Nash Road, 3,200 feet northeast of Eastfair Drive. Density will be controlled by zoning conditions or ordinance standards. The Comprehensive Plan suggests the property is appropriate for Residential Agricultural use (maximum of 0.5 dwellings per acre). Tax IDs 764-651-8397 and 9675, 764-652-2073, 3652, 5794, 5945, 7128 and 9038, 764-653-7161 and 9082, 764-654-7731, 765-651- 1286 and 8282, 765-652-0116, 765-653-0570, 2660, 3491, 4805 and 8964, 766-652-5669, 766-653-0613, 768-654-0842 and 769- 652-7448. Ms. Orr presented a summary of Case 13SN0135 and stated the Planning Commission with a 3-2 vote, recommends denial citing conversion of lump sum payments to per lot payments not addressed in policy; the applicant does not fully address the impact on other public facility needs; and questioned the value of lump sum payments versus per unit payments over time. She further stated the Commissioners that opposed the recommendation for denial stated that they felt the proposal was an acceptable compromise; that the proposal preserves cash payments for roads; and that they believe that the escalation offered with the payments would off-set the difference in value between lump sum payments vs. a per lot amount over time. She stated staff recommends approval because the proposed proffer maintains full allocation of the payments to road improvements, and will continue to provide flexibility in the use of funds to provide needed road improvements; the proposed proffer provided the ability for the proffer payments to be escalated; and the proposed amendment prevents the per unit cash proffer payment from exceeding the Board's maximum cash proffer in place at the time the payment is made. She noted within the development homes under construction; there is a case pending before BZA (Case 13AN0139) that they deferred to their Nov 6 agenda. She stated with that case the applicant's representative is denying the validity and enforceability of Proffered Condition 1 of Case lOSN0205. She noted to address perceived slight risk to the county, the proffered condition offered with this case contains language to nullify any credit for payments made if they are required by court order to be returned. In response to Ms. Jaeckle's concerns regarding school capacity, Ms. Orr stated schools are reporting the trailers that are being used for instructional purposes, and not reporting trailers that may be on the school site for other reasons. Ms. Carrie Coyner, representing the applicant, stated an amendment of zoning to modify the schedule for payment of transportation contribution and to amend a cash proffer to prevent the cash proffer payment from exceeding the maximum cash proffer amount is being requested. She further stated the proposed amendment maintains the full allocation of the cash proffer payments to road improvements; continues to provide the county with flexibility in the use of the funds to provide needed road improvements; and includes an 13-618 J J 09/18/13 escalation provision for the payments which starts today. She stated if the case is approved, the appeal pending before the Board of Zoning Appeals will be withdrawn. Ms. Jaeckle called for public comment. Mr. Freddy Boisseau expressed concerns that the proffered conditions do not fully address the impacts on facilities other than roads. He urged the Board to deny the request. Ms. Carol Quinn, member of the Woodlake Community Association Board of Directors, urged the Board to deny the case. She expressed concerns relative to the reduction and elimination of cash proffers and impacts on fire stations, parks, roads and schools. There being no one else to speak to the issue, the public hearing was closed. In response to Mr. Holland's request, Mr. McCracken stated he felt per lot payments are appropriate relative to the case and Transportation staff still supports the extension of Nash Road from the Beach Road intersection to Route 10. In response to Mr. Elswick's question, Mr. McCracken stated allocations of funds used for the widening of Nash Road were used through the Secondary Road Six-Year Plan. He further stated a small percentage of cash proffers could have been used as well. Mr. Holland noted the proposed amendment leaves the cash proffer unchanged and includes an escalation provision for the payments. Ms. Coyner stated she would be willing to meet with Woodlake residents to answer questions and address concerns. Mr. Holland made a motion, seconded by Ms. Jaeckle, for the Board to approve Case 13SN0135 and accept the proffered conditions. In response to Mr. Elswick's question, Mr. Carmody stated the 20 acre piece of property has a retroactive cash proffer escalation associated with it. He further stated there may be a difference in value of lump sum payment versus per lot payments over time. Mr. Elswick stated he cannot support the changes proposed. In response to Mr. Warren's inquiry, Ms. Orr stated staff is supporting the request. She further stated the reason for staff's support is that the proposal maintains allocation to road improvements; includes escalation and includes language for both cases to prevent payments from exceeding the maximum cash proffer. Ms. Jaeckle called for a vote on the motion made by Mr. Holland, seconded by Ms. Jaeckle, for the Board to approve Case 13SN0135 and accept the following proffered conditions: Zoning Application Chesterfield Nash Road/Woodpecker Road, LLC for an amendment to a previous zoning case on Chesterfield County Tax ID's 764-651-8397 and 9675; 764-652- 2073, 3652, 5794, 5945, 7128 and 9038; 764-653-7161 and 9082; 764-654-7731; 765-651-1286 and 8282; 765-652-0116; 765-653- 0570, 2660, 3491, 4805 and 8964; 766-652-5669; 766-653-0613; 768-654-0842 and 769-652-7448 as set forth herein below. 13-619 09/18/13 The Applicant hereby amends condition #1 of Case No. lOSN0205 to read as follows: 1. Beginning with the 43rd building permit for dwelling units on GPIN 768-654-0842, the applicant, sub-divider, or assignee(s) shall pay the following to the County of Chesterfield, prior to the issuance of a building permit for infrastructure improvements within the service district for the property; provided however that for the period through June 30, 2017, the applicant, sub- divider, or assignee(s) shall pay the following to the County of Chesterfield, immediately after completion of the final inspection: A. $9,522 per dwelling unit, if paid prior to July 1, 2014; or B. If paid after June 30, 2014, $9,522 per dwelling unit adjusted annually in accordance with the cash proffer policy. C. At the time of payment for a specific dwelling unit(s), the applicant shall pay to the County the lesser of: 1. the amount calculated in accordance with the foregoing paragraphs, or 2. the amount established as the maximum cash proffer in place in the County's then-current cash proffer policy. Provided further, however, if the County is compelled by a final non-appealable court order to return the $400,000 previously paid for the 2012 payment obligation per Case lOSN0205, then the payments referenced above shall begin with the first building permit or the first final inspection, as applicable. If at the time of such final non-appealable court order the County has already released any of the first forty-two building permits or final inspections for these dwelling units, then the applicant, sub-divider or assignee shall reimburse the County $9,522 per dwelling unit, adjusted annually in accordance with the cash proffer policy, for all such dwelling units. The payments shall be used for road improvements within Traffic Shed 17 or for road improvements that provide relief to that Traffic Shed, as determined by the Transportation Department. (B) The Applicant hereby amends condition #6 of Case No. 05SN0229 to read as follows: 2. Cash Proffer. A. Except as otherwise provided herein, for each single family residential dwelling unit developed, the applicant, subdivider, or assignee(s) shall pay $11,500.00 per unit to the County of Chesterfield, prior to the issuance of a building permit, for infrastructure improvements within the service district for the Property if paid prior to July 1, 2005; provided however that for the period through June 30, 2017, the applicant, sub-divider, or assignee(s) shall pay the following to the County of Chesterfield, immediately after completion of 13-620 09/18/13 J J J the final inspection. Thereafter, such payment shall be the amount approved by the Board of Supervisors not to exceed $11,500.00 per unit as adjusted upward by any increase in the Marshall and Swift Building Cost Index between July 1, 2004 and July 1 of the fiscal year in which the payment is made if paid after June 30, 2005. The per dwelling unit cash proffer amount shall be prorated among schools, roads, libraries, fire stations, and parks and recreation facilities by the County's Department of Budget and Management. B. Cash proffers shall be spent for the purposes proffered or as otherwise permitted by law. C. At the time of payment for a specific dwelling unit(s), the applicant shall pay to the County the lesser of: 1. the amount calculated in accordance with the foregoing paragraphs, or 2. the amount established as the maximum cash proffer in place in the County's then-current cash proffer policy. (B) Ayes: Jaeckle, Warren and Holland. Nays: Elswick. Absent: Gecker. 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 Ms. Dorothy Kaull expressed concerns relative to transportation services provided to county citizens. 20. ADJOURNMENT On motion of Mr. Holland, seconded by Mr. Elswick, the Board adjourned at 8:18 p.m. until October 9, 2013 at 3:00 p.m. Ayes: Jaeckle, Elswick, Warren and Holland. Nays: None. Absent: Gecker. mes J to ai County ministrator ~dz% ~ Doroth A. J eckle Chairman 13-621 09/18/13 J J J 13-622 09/18/13