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2013-12-11 MinutesBOARD OF SUPERVISORS MINUTES December 11, 2013 Supervisors in Attendance: Staff in Attendance: Ms. Dorothy A. Jaeckle, Chairman Mr. Mike Bacile, Dir., Mr. Stephen A Elswi k Vi . c , ce 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. William Davenport, Commonwealth Attorney Mr. Will Davis, Dir., Economic Development Mr. William Dupler, Dep. County Administrator, Community Development Colonel Thierry Dupuis, Police Department Mr. Robert Eanes, Asst. to the County Administrator Mr. Alvie Edwards, Asst. Dir., Internal Audit Mr. Michael Golden, Dir., Parks and Recreation Mr. John W. Harmon, Real Property Manager Mr. Donald Kappel, Dir., Public Affairs Mr. Rob Key, Director, General Services Mr. Louis Lassiter, Asst. County Administrator Ms. Mary Martin Selby, Dir., Human Resource Services Mr. Jeffrey L. Mincks, County Attorney Chief Edward L. Senter, Fire Department Mr. Scott Smedley, Dir., Environmental Engineering 13-727 12/11/13 Ms. Barbara Smith, Interim Director, Transportation Ms. Sarah Snead, Dep. County Administrator, Human Services Mr. Richard Troshak, Dir., Emergency Communications Mr. Kirk Turner, Dir., Planning Mr. Rick Witt, Building Official Mr. Scott Zaremba, Dir., Human Resource Programs Ms. Jaeckle called the regularly scheduled meeting to order at 3:00 p.m. 1. APPROVAL OF MINUTES 1.A. NOVEMBER 13, 2013 REGULAR MEETING 1.B. NOVEMBER 20, 2013 REGULAR MEETING On motion of Mr. Warren, seconded by Mr. Gecker•, the Board approved the minutes of November 13, 2013, and November 20, 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 announced that the Accounting Department has completed preparation of Chesterfield County's FY2013 Comprehensive Annual Financial Report (CAFR), which includes financial statements audited by KPMG, LLP, independent auditors. He recognized Mr. Tim Conner, the engagement partner from KPMG, LLP, who formally presented the report to the Board of Supervisors. Mr. Holland and Ms. Jaeckle thanked Mr. Conner for his efforts in the auditing process. Mr. Holland also commended staff involved in the audit process for their great performance. Mr. Stegmaier also recognized staff of the Accounting, Budget and Internal Audit departments for their thorough report and outstanding performance. Mr. Allan Carmody provided a brief presentation to the Board relative to the county's financial outlook. He stated the budget was condensed, there were declines, and appropriate staffing reductions were made to counteract with declines. He further stated since FY2009, there has been a reduction in outstanding debt, totaling $129 million. He stated FY2013 results of operations the number that has been produced is largely due to expenditure savings; that the FY2013 savings were less than prior years and in line with what was forecast. He further stated one way the county is able to J J J 13-728 12/11/13 deliver a great portfolio of quality services is by the incredible effort of a strong workforce. He noted volunteers also contribute to delivering the quality services that add to the success of the county. In closing, he reviewed some key milestones for the upcoming budget season. Mr. Warren stated out of all of the years he has served on the Board of Supervisors, this has been the most difficult time. He commended Mr. Carmody for his tremendous forecasting skills relative to budget results. He expressed his appreciation to Budget staff for their continued efforts. In response to Mr. Warren's question regarding the AAA bond rating, Mr. Carmody stated the county still enjoys the stable outlook that has been reaffirmed over the last few years. Ms. Jaeckle noted Chesterfield County serves a large population with reasonably strong demands. She expressed appreciation to Mr. Carmody and Budget staff for their hard work. • Mr. Stegmaier was happy to report that last week the Hull Street Corridor Revitalization Plan won the ULI Vision Award for Best Example of Regional Cooperation. He expressed appreciation to staff from Economic Development, Transportation, Public Affairs and other county departments that worked on the project. • Mr. Stegmaier announced that Medline Industries is expanding its presence in Chesterfield County by building a new 400,000 square foot facility in the Meadowville Technology Park. He stated this $21 million investment will create 25 new jobs, bringing their total employees to more than 50. He congratulated the Economic Development Department and Project Manager Tina Shreve for landing the project. • Mr. Stegmaier reported that the Ettrick Train Station is being demolished this week by a contractor hired by CSX in response to inquiries about the condition of the building that were made by the Department of Building Inspection. He stated this is one of the improvements identified in Ettrick prior to the inauguration of rail service to Norfolk. 3. BOARD MEMBER REPORTS Mr. Elswick announced that he had an opportunity to represent the Board last week at the Urban Land Institute Vision Awards. He recognized Ms. Sytira Saunders, who was named the ULI Richmond Young Leader of the Year and Mr. Tim Davies, who was named ULI Richmond Distinguised Member of the Year. Ms. Jaeckle thanked Transportation Department staff and the Police Department for efforts relative to traffic issues in and around the Amazon Distribution Center during the holidays. 4. REQUESTS TO POSTPONE AGENDA ITEMS AND ADDITIONS, DELETIONS OR CHANGES IN THE ORDER OF PRESENTATION There were no Requests to Postpone Agenda Items and Additions, Deletions or Changes in the Order of Presentation. 13-729 12/11/13 5. RESOLUTIONS AND SPECIAL RECOGNITIONS 5.A. RECOGNIZING CHESTERFIELD COUNTY EMPLOYEES OF THE YEAR Mr. Lou Lassiter introduced the 2013 employees of the year who were as follows: TT-.me Janice Blakley Kristi Brittle Melissa Bryan Elizabeth Caroon Diane Dawson Kate Denwiddie Alvie Edwards Trina Estes Brian Geouge Carl Glover Joseph Harvey Ben Humphrey Elbert Johnson Harold Leach Juanita Leon Erica Lowe Patricia Mason Iris Mayfield Stefanie Munksgard Nicole Nicolosi Lou O'Boyle Douglas Peck Elaine Reedy Sytira Saunders Amy Sheets Lynne Sims Jennifer Taylor Tammi Tomlinson Susan Wilson Department County Administration Human Resource Management Information Systems Technology Police Community Correction Services Library Internal Audit Mental Health Support Services Parks and Recreation Environmental Engineeri Fire Department Economic Development Juvenile Detention Home Purchasing Health Department Utilities Commonwealth Attorney Treasurer Emergency Communications Accounting Center for Organizational Excellence General Services Victim/Witness Assistant Program J J Planning Public Affairs Comprehensive Services Sheriff Budget and Management County Attorney 13-730 12/11/13 Ms. Jaeckle congratulated each of the employees and expressed appreciation, on behalf of the Board, for their commitment to Chesterfield County. Mr. Stegmaier presented the employees of the year with plaques recognizing them as their department's employee of the year, expressed appreciation for their dedicated service, and commended them on their outstanding accomplishments. He stated the employees of the year represent the best employees in local government. 5.B. RECOGNIZING LIEUTENANT EMMETT H. SMITH, JR., SHERIFF'S OFFICE, UPON HIS RETIREMENT Sheriff Proffitt introduced Lieutenant Emmett H. Smith, Jr., who was present to receive the resolution. On motion of Mr. Elswick, seconded by Mr. Warren, the Board adopted the following resolution: WHEREAS, Mr. Emmett H. Smith, Jr. has faithfully served Chesterfield County for 25 years; and WHEREAS, in December of 1988, Mr. Smith joined the Chesterfield County Sheriff's Office as a deputy and faithfully served under John Mutispaugh, Walter Minton, Clarence G. Williams, Jr. and current Sheriff Dennis S. Proffitt; and WHEREAS, Deputy Smith was transferred to the Fugitive Task Force in July 1995 as investigator where he was instrumental in the success of "Operation Pay-Up," which located parents who were behind in child support payments, helping collect more than $250,000; and WHEREAS, Investigator Smith graduated from the 25th Basic Police Academy in 1995; and WHEREAS, Investigator Smith was selected as Employee of the Quarter in 1999; and WHEREAS, Investigator Smith was promoted to Sergeant in November 1999, working in the Court Services section; and WHEREAS, Sergeant Smith received a commendation in 1999 for greatly enhancing the cooperation between federal and local authorities as part of his involvement in the apprehension of a fugitive wanted for murder; and WHEREAS, Sergeant Smith was promoted to Lieutenant in November 2006 and was assigned to the Jail Compliance Section of the Sheriff's Office; and WHEREAS, Lieutenant Smith was a member of the Law Enforcement Memorial Committee from 2010 through 2013; and WHEREAS, in September 2010, Lieutenant Smith received a Good Conduct Award, and in November 2011, he received the Community Relations Award; and WHEREAS, Lieutenant Smith has aided in ensuring that employees of the Sheriff's Office meet the highest standards by serving as a field training officer; and 13-731 12/11/13 WHEREAS, Lieutenant Smith demonstrated further commitment to protecting the citizens of Chesterfield County by serving on the Sheriff's Special Operations Response Team; and WHEREAS, Lieutenant Smith received numerous letters of appreciation and commendation for his dedication and service to the employees and citizens of Chesterfield County; and WHEREAS, Lieutenant Smith has been actively involved in supporting Virginia Special Olympics for many years, helping raise more than $100,000. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 11th day of December 2013, recognizes the outstanding contributions of Lieutenant Emmett H. Smith, Jr., expresses the appreciation of all residents for his service to Chesterfield County and extends appreciation for his dedicated service to the county and congratulations upon his retirement, as well as best wishes for a long and happy retirement. AND, BE IT FURTHER RESOLVED that a copy of this resolution be presented to Lieutenant Smith 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 Lieutenant Smith and commended him on his many years of loyal and dedicated service. Mr. Stegmaier presented Lieutenant Smith with an acrylic statue and county watch and expressed appreciation for his outstanding service to the county. Lieutenant Smith, accompanied by his wife, expressed his appreciation to the Board for the special recognition. S.C. RECOGNIZING MRS. CAROL R. BLAIR, BUILDING INSPECTION DEPARTMENT, UPON HER RETIREMENT Mr. Witt introduced Mrs. Carol R. Blair, who was present to receive the resolution. On motion of Mr. Holland, seconded by Mr. Elswick, the Board adopted the following resolution: WHEREAS, Carol R. Blair was hired by Chesterfield County in 1988 as a full-time employee in the Building Inspection Department; and WHEREAS, in March 1992, Mrs. Blair was promoted to Senior Customer Service Representative; and WHEREAS, in June 2003, Mrs. Blair was promoted to Secretary; and WHEREAS, Mrs. Blair was named the Chesterfield County Building Inspection Department Employee of the Year in 2002 and 2004; and J J J 13-732 12/11/13 WHEREAS, in March 2006, Mrs. Blair was promoted to Administrative Secretary; and WHEREAS, Mrs. Blair was assigned to the Commercial Plan Review division of the Building Inspection Department and was instrumental in making the entire commercial permit application through issuance process work in a professional, efficient and effective manner; and WHEREAS, Mrs. Blair was a member of the Tri-Cities Chapter of the International Association of Administrative Professionals (IAAP), earning her Certified Professional Secretary designation in 2002 and her Certified Administrative Professional designation in 2003; and WHEREAS, after serving as secretary of the Tri-Cities Chapter in 2010 and vice president in 2011, Mrs. Blair received the Award of Excellence for the Tri-Cities Chapter of IAAP and became president of the organization in 2012; and WHEREAS, throughout her career, Mrs. Blair sought to improve herself through Chesterfield University classes, earning the Employee Leadership certificate in 2012; and WHEREAS, Mrs. Blair was responsible for accurately and efficiently processing thousands of permits annually from contractors and architects for county commercial construction projects; and WHEREAS, Mrs. Blair is known for her dedication to customer service and has always gone the extra mile to provide the world-class customer service that has made Chesterfield County a true First Choice community. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 11th day of December 2013, publicly recognizes the contributions of Mrs. Carol R. Blair, expresses the appreciation of all residents for her service to the county, and extends appreciation for her dedicated service and congratulations upon her retirement, as well as best wishes for a long and happy retirement. AND, BE IT FURTHER RESOLVED that a copy of the resolution be presented to Mrs. Blair and that the resolution be permanently recorded among the papers of the Board of Supervisors of Chesterfield County, Virginia. Ayes: Jaeckle, Elswick, Warren, Holland and Gecker. Nays: None. Ms. Jaeckle presented the executed resolution to Mrs. Blair and commended her on her many years of loyal and dedicated service. Mrs. Blair expressed her appreciation to the Board for the special recognition. Mr. Stegmaier presented Mrs. Blair with an acrylic statue and county watch and expressed appreciation for her outstanding service to the county. 6. WORK SESSIONS There were no Work Sessions at this time. 13-733 12/11/13 7. DEFERRED ITEMS 7.A. 13SN0510 - TAMARA A. MOATS, CLOVER HILL DISTRICT In Clover Hill Magisterial District, Tamera A. Moats requests conditional use to permit a family day-care home and amendment of zoning district map in a Residential (R-7) District on .4 acre known as 4356 Ketcham 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 764-688-9224. Mr. Turner presented a summary of Case 13SN0510 and stated both staff and the Planning Commission recommended approval and acceptance of the proffered conditions. Mr. Warren read the following excerpt of a letter from the Ms. Renee Clements of the Creekwood Homeowners Association: "The Board of Directors' ability to enforce our restrictions is not impacted by this variance requested, therefore, in consideration of the details of this particular case, the board of directors agree that Tammy Moats should be allowed to operate her daycare from her home as the association works on updating the appropriate governing documents." Mr. Warren then made a motion, seconded by Mr. Elswick, for the Board to approve Case 13SN0510 and accept the proffered conditions. Ms. Jaeckle expressed her appreciation to the Creekwood Homeowners Association for working diligently with Ms. Moats to approve her request. Mr. Warren stated it was necessary to defer the case in the applicant's best interest. Ms. Jaeckle called for a vote on the motion made by Mr. Warren, seconded by Mr. Elswick, for the Board to approve Case 13SN0510 and accept the following proffered conditions: 1. Non-Transferable approval shall be exclusively, and the land. (P) 2. Expansion of Use: or alterations to this use. (P) Ownership: This conditional use granted to and for Tamera A. Moats, shall not be transferable nor run with There shall be no exterior additions the existing structure to accommodate 3. Signage: There shall be no signs permitted to identify this use. (P) 4. Number of Children: This conditional use approval shall be limited to providing care, protection and guidance to a maximum of 12 children, other than the applicant's own children, at any one time. (P) 5. Hours of Operation: Hours and days of operation shall be limited to Monday .through Friday from 6:30 a.m. to 6 p.m. There shall be no Saturday or Sunday operation of this use. (P) 6. Time Limitation: This conditional use approval shall be granted for a period not to exceed 5 years from the date of approval. (P) J J J 13-734 12/11/13 7. Employees: No employees shall be permitted to work on the premises other than family member employees that live on the premises. (P) Ayes: Jaeckle, Elswick, Warren, Holland and Gecker. Nays: None. 8. NEW BUSINESS 8.A. APPOINTMENTS On motion of Mr. Gecker, seconded by Mr. Holland, the Board suspended its rules at this time to allow for simultaneous nomination/appointment/reappointment to the Personnel Appeals Board and the Community Services Board. Ayes: Jaeckle, Elswick, Warren, Holland and Gecker. Nays: None. 8.A.1. PERSONNEL APPEALS BOARD On motion of Mr. Holland, seconded by Mr. Gecker, the Board simultaneously nominated/reappointed Mr. Steven Bowman, to serve on the Personnel Appeals Board, whose term is effective January 1, 2014 and will expire on December 31, 2016. Ayes: Jaeckle, Elswick, Warren, Holland and Gecker. Nays: None. 8.A.2. COMMUNITY SERVICES BOARD On motion of Mr. Holland, seconded by Mr. Gecker, the Board simultaneously nominated/reappointed/appointed Mr. Nicholas Pappas, Mr. Ricky Russell, Mr. Patrick Young as at-large representatives and Ms. Janet Stephens, Dale District representative, to serve on the Chesterfield Community Services Board, whose terms are effective January 1, 2014, and will expire on December 31, 2016. Ayes: Jaeckle, Elswick, Warren, Holland and Gecker. Nays: None. 8.B. CONSENT ITEMS 8.B.1. ADOPTION OF RESOLUTIONS RECOGNIZING COUNTY EMPLOYEES UPON THEIR RETIREMENT 8.B.i.a. MS. JUNE M. FELLS, DEPARTMENT OF GENERAL SERVICES, BUILDINGS AND GROUNDS DIVISION On motion of Mr. Gecker, seconded by Mr. Elswick, the Board adopted the following resolution: WHEREAS, Ms. June M. Fells joined Chesterfield County, Department of General Services on September 13, 1993, as a custodian in the Buildings and Grounds Division; and WHEREAS, in 1998, Ms. Fells received a Letter of Appreciation from the Sheriff's Academy for the extra work that she completed in an exceptional fashion; and 13-735 12/11/13 WHEREAS, Ms. Fells served on the Custodial Communication Process Action Team and the Buildings and Grounds Custodial Safety Team where she was instrumental in bringing awareness of non-custodial situations that posed possible safety issues to the custodial staff; and WHEREAS, in 2003, Ms. Fells received a Celebrating Success Award for a suggestion that was implemented and resulted in a cost savings of approximately $80,000 per year in salaries, benefits and vehicle usage; and WHEREAS, in 2012, Ms. Fells served on the Department of General Services' Employee Advisory Council as the Buildings and Grounds Custodial Services' representative; and WHEREAS, Ms. Fells was instrumental in supporting the custodial staff as a member of the Hospitality Team and offering assistance to her fellow co-workers in times of personal needs; and WHEREAS, Ms. Fells was instrumental in supporting the custodial staff as a member of the Christmas Mother Team and supporting the Department of General Services with the Christmas Mother program; and WHEREAS, Ms. Fells has been a generous supporter of the American Heart Association and United Way; and WHEREAS, Ms. Fells completed classes through Chesterfield County's Center for Organizational Excellence, which included computer training and time management; and WHEREAS, Ms. Fells has faithfully served Chesterfield County's Custodial Services under the leadership of three Department of General Services' directors and two county administrators; and WHEREAS, Ms. Fells will be greatly missed for the effective communication she had with her customers, team members and supervisors to ensure customer satisfaction and for her devotion to safe practices. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes the outstanding contributions of Ms. June M. Fells, expresses the appreciation of all residents for her service to Chesterfield County, and extends appreciation for her dedicated service to the county and congratulations upon her retirement, as well as best wishes for a long and happy retirement. Ayes: Jaeckle, Elswick, Warren, Holland and Gecker. Nays: None. 8.B.l.b. MRS. ROSE A. BAKER, DEPARTMENT OF GENERAL SERVICES, FLEET MANAGEMENT DIVISION On motion of Mr. Gecker, seconded by Mr. Elswick, the Board adopted the following resolution: WHEREAS, Mrs. Rose A. Baker was hired by Chesterfield County, Department of General Services, on October 19, 1998, J 13-736 12/11/13 as a part-time Customer Service Representative in the Solid Waste Management Division; and WHEREAS, in 1998, Mrs. Baker was recognized as the Chesterfield County Solid Waste Management Division's Employee of the Year; and WHEREAS, in 2000, Mrs. Baker completed the required course work to receive her Certificate of Achievement for Total Quality Improvement from Chesterfield County's Center of Organizational Excellence; and WHEREAS, in 2001, Mrs. Baker was promoted to a full-time Customer Service Technician at the Courthouse School Bus Maintenance Facility; and WHEREAS, in 2002, Mrs. Baker was recognized as the Chesterfield County Courthouse School Bus Maintenance Facility's Employee of the Year; and WHEREAS, in 2005, Mrs. Baker received her Supervisor Leadership Certificate of Completion; and WHEREAS, in 2008, Mrs. Baker was recognized as the Walmsley School Bus Maintenance Facility and Department of General Services' Employee of the Year; and WHEREAS, Mrs. Baker has served on the United Way Campaign, Chesterfield Employee Association, Employees Advisory Council, and many other committees during her tenure in Chesterfield County; and WHEREAS, Mrs. Baker tutored and mentored many of her co- workers to become the best in their field; and WHEREAS, Mrs. Baker is a highly-qualified and competent customer service provider, dedicated to providing world-class customer service to Chesterfield County government and Chesterfield County schools, as well as to the public; and WHEREAS, Mrs. Baker has consistently performed her duties and responsibilities in a professional manner and placed the welfare and safety of students, faculty, citizens, and fellow county employees above her own personal comfort and feelings and will be missed by her fellow co-workers and customers. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes the outstanding contributions of Mrs. Rose A. Baker, expresses the appreciation of all residents for her service to Chesterfield County, and extends appreciation for her dedicated service to the county and congratulations upon her retirement, as well as best wishes for a long and happy retirement. Ayes: Jaeckle, Elswick, Warren, Holland and Gecker. Nays: None. 13-737 12/11/13 8.B.l.c. MR. ROBERT A. MILTON, GENERAL SERVICES, FLEET MANAGEMENT DIVISION On motion of Mr. Gecker, seconded by Mr. Elswick, the Board adopted the following resolution: WHEREAS, Mr. Robert A. Milton was hired by Chesterfield County, Department of General Services, on November 9, 1992, as a Vehicle Mechanic at the Consolidated Vehicle Maintenance Facility in the Fleet Management Division; and WHEREAS, in 1998, Mr. Milton was promoted to Automotive Vehicle Maintenance Supervisor at the Consolidated Vehicle Maintenance Facility; and WHEREAS, in 1999, Mr. Milton was transferred to the Courthouse School Bus Maintenance Facility; and WHEREAS, in 2002, Mr. Milton was transferred to the Walmsley School Bus Maintenance Facility in order to assist in the remodeling and reopening of the facility as an Annex Maintenance site; and WHEREAS, in 2007, Mr. Milton was transferred to the Consolidated Vehicle Maintenance Facility to assist in the reorganization of the facility; and WHEREAS, Mr. Milton served not only as a supervisor but more importantly as a mentor and tutor to many automotive technician trainees and apprentices during his tenure; and WHEREAS, Mr. Milton was recognized as a Certified Master ASE Technician through the National Institute for Automotive Service Excellence; and WHEREAS, Mr. Milton accomplished challenging tasks by establishing priorities for work, assigning work to technicians and assisting technicians with complex troubleshooting, diagnosis and repair issues; and WHEREAS, productivity, morale, and customer satisfaction have improved as a result of Mr. Milton's leadership skills and professional knowledge wherever he has been entrusted with supervisory authority and responsibility; and WHEREAS, Mr. Milton has consistently performed his duties and responsibilities in a professional manner and placed the welfare and safety of students, faculty, citizens, and fellow county employees above his own personal comfort and feelings and will be missed by his fellow co-workers and customers. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield Ayes: Jaeckle, Elswick, Warren, Holland and Gecker. Nays: None. County Board of Supervisors recognizes the outstanding contributions of Mr. Robert A. Milton, expresses the appreciation of all residents for his service to Chesterfield County, and extends appreciation for his dedicated service to the county and congratulations upon his retirement, as well as best wishes for a long and happy retirement. 13-738 12/11/13 8.B.l.d. MR. RALPH E. WESTFALL, INFORMATION SYSTEMS TECHNOLOGY DEPARTMENT On motion of Mr. Gecker, seconded by Mr. Elswick, the Board adopted the following resolution: WHEREAS, Mr. Ralph E. Westfall will retire from the Chesterfield County Information Systems Technology Department on December 31, 2013, after providing 29 years of quality service to the citizens of Chesterfield County; and WHEREAS, Mr. Westfall has faithfully served the county in the capacity of application team lead, business applications manager, and interim deputy chief information officer for the Information Systems Technology Department; and WHEREAS, Mr. Westfall has provided leadership for local, regional and state public safety technology initiatives and policy development while providing consistent motivation to his team encouraging them to attain excellence and quality in their performance; and WHEREAS, Mr. Westfall led the development of the first network-based application, ushering in a new paradigm of services and capabilities for his customers; and WHEREAS, Mr. Westfall served on and provided exceptional leadership for the Automation and Communications Team, Standards Review Board, IST Quality Council, Climate Assessment Team and Improve Internal Processes Goal Team; and WHEREAS, in 2001, Mr. Westfall completed coursework in the University of Richmond Robins School of Business Management Institute and received an advanced certificate in project management; and WHEREAS, Mr. Westfall has demonstrated outstanding leadership throughout his tenure with Chesterfield County, resulting in the development of major public safety systems, such as the Police Records Management System, Sheriff's Jail Management System, Law Enforcement Information Exchange, and the award-winning Booking Front End System; and WHEREAS, Mr. Westfall has been a consistent high performer who is dedicated to excellence; and WHEREAS, Mr, westfall's humble character, selfless dedication to Chesterfield County and commitment to the county's public safety systems are a model for all county employees; and WHEREAS, Chesterfield County and the Board of Supervisors will miss Mr. Westfall's diligent service and unquestioned integrity. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes Mr. Ralph Westfall, 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, Holland and Gecker. Nays: None. 13-739 12/11/13 8.B.2. AUTHORIZE COUNTY ADMINISTRATOR TO EXECUTE CHANGE ORDER NUMBER TWO FOR THE ETTRICK PARK ROAD AND PARKING LOT PROJECT On motion of Mr. Gecker, seconded by Mr. Elswick, the Board authorized the County Administrator to execute Change Order Number Two with Perkinson Construction LLC in the amount of $2,653.22 for Ettrick Park Road construction. Ayes: Jaeckle, Elswick, Warren, Holland and Gecker. Nays: None. 8.B.3. AWARD OF CONTRACT FOR ENGINEERING SERVICES FOR PARKS DEVELOPMENT AND RELATED WORK TO AUSTIN BROCKENBROUGH AND ASSOCIATES, LLP On motion of Mr. Gecker, seconded by Mr. Elswick, the Board authorized the County Administrator to execute a requirement contract with Austin Brockenbrough & Associates, LLP for engineering services for parks development and related projects for miscellaneous construction and renovations. Ayes: Jaeckle, Elswick, Warren, Holland and Gecker. Nays: None. 8.B.4. SET DATE FOR PUBLIC HEARING TO CONSIDER AMENDING SECTIONS 5-6 OF THE COUNTY CODE RELATING TO THE REMOVAL OF DERELICT NONRESIDENTIAL STRUCTURES On motion of Mr. Gecker, seconded by Mr. Elswick, the Board set January 8, 2014, as the date for a public hearing to consider amending Section 5-6 of the County Code relating to the removal of derelict nonresidential structures as permitted by Section 15.2-906 of the Code of Virginia. Ayes: Jaeckle, Elswick, Warren, Holland and Gecker. Nays: None. 8.B.5. REQUESTS FOR PERMISSION 8.B.5.a. FROM MICHAEL A. BURR FOR AN EXISTING GRAVEL DRIVEWAY TO ENCROACH WITHIN A FIFTY-FOOT COUNTY RIGHT OF WAY TO ACCESS PROPERTY ON REEDY BRANCH ROAD On motion of Mr. Gecker, seconded by Mr. Elswick, the Board granted Michael A. Burr permission for an existing gravel driveway to encroach within a 50' county right of way to access property at 10319 Reedy Branch Road, subject to the execution of a license agreement. (It is noted that 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 13-740 12/11/13 8.B.5.b. FROM ANDREW S. KUSTERER AND ASHLEY W. KUSTERER FOR A PROPOSED DECK TO ENCROACH WITHIN A SIXTEEN-FOOT DRAINAGE EASEMENT ACROSS LOT 3, POCOSHOCK HEIGHTS, SECTION F On motion of Mr. Gecker, seconded by Mr. Elswick, the Board granted Andrew S. Kusterer and Ashley W. Kusterer permission for a proposed deck to encroach within a 16' drainage easement across Lot 3, Pocoshock Heights, Section F, 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.B.5.c. FROM BENJAMIN F. BENTON TO CONSTRUCT A GRAVEL DRIVEWAY WITHIN A FIFTY-FOOT COUNTY RIGHT OF WAY KNOWN AS HIGHLAND AVENUE ~. On motion of Mr. Gecker, seconded by Mr. Elswick, the Board granted Benjamin F. Benton permission to construct a gravel driveway within a 50' county right of way known as Highland Avenue to access property at 4311 Highland Avenue, 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.B.5.d. FROM JOSEPH T. DICE, IV AND KIMBERLY A. DICE TO CONSTRUCT A GRAVEL DRIVEWAY WITHIN A FIFTY-FOOT COUNTY RIGHT OF WAY KNOWN AS SEMINOLE AVENUE On motion of Mr. Gecker, seconded by Mr. Elswick, the Board granted Joseph T. Dice, IV and Kimberly A. Dice permission to construct a gravel driveway within a 50' county right of way known as Seminole Avenue to access property at 10610 Seminole Avenue, 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.B.7. INITIATE APPLICATION FOR RENEWAL OF A MANUFACTURED HOME PERMIT FOR A MANUFACTURED HOME LOCATED ON VELDA ROAD ~1... On motion of Mr. Gecker, seconded by Mr. Elswick, the Board initiated an application for renewal of a manufactured home permit on property located at 2651 Velda Road (Tax ID 794- 666-2833), in a Residential (R-7) District, appointed Kirkland Turner, Director of Planning, as agent for the Board of Supervisors for the purpose of the application and waived disclosure. Ayes: Jaeckle, Elswick, Warren, Holland and Gecker. Nays: None. 13-741 12/11/13 8.B.8. DRIVE FROM HENRY D. MOORE ACCEPTANCE OF A PARCEL OF LAND ALONG CARVER HEIGHTS On motion of Mr. Gecker, seconded by Mr. Elswick, the Board accepted the conveyance of a parcel of land containing 0.6482 acres along Carver Heights Drive from Henry D. Moore, 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.B.9. AUTHORIZE THE APPROPRIATION OF STATE CRIMINAL ALIEN ASSISTANCE PROGRAM GRANT FUNDS FROM THE DEPARTMENT OF JUSTICE FOR THE CHESTERFIELD COUNTY SHERIFF'S OFFICE On motion of Mr. Gecker, seconded by Mr. Elswick, the Board authorized the appropriation of $121,272 in grant funds from the State Criminal Alien Assistance Program to partially offset the cost of housing illegal aliens in the Chesterfield County Jail. Ayes: Jaeckle, Elswick, Warren, Holland and Gecker. Nays: None. 8.B.10. AWARD OF CONSTRUCTION CONTRACT FOR THE HUNTINGCREEK HILLS DRAINAGE PROJECT On motion of Mr. Gecker, seconded by Mr. Elswick, the Board awarded a construction contract to Lyttle Utilities, Inc. for the Huntingcreek Hills Drainage Project in the amount of $319,000. Ayes: Jaeckle, Elswick, Warren, Holland and Gecker. Nays: None. The following items were removed from the Consent Agenda for Board discussion: 8.B.6. AUTHORIZE THE AWARD OF A CONTRACT FOR CONSULTING SERVICES FOR THE REPLACEMENT OF THE PUBLIC SAFETY RADIO COMMUNICATIONS SYSTEM Mr. Troshak stated the Capital Region Communications Steering Committee, which was established in 1999 to support regional communications efforts, is recommending that the Board award a contract for Consulting Services for the replacement of the Public Safety Radio Communications System to Altairis Technology Partners, LLC. He further stated the use of the same consultant by each of the participating jurisdictions is necessary for the orderly and coordinated development of this project on a regional basis. He stated the solicitation for this contract was issued by Henrico on behalf of the counties of Chesterfield, Hanover and Henrico, and the City of Richmond. He further stated Henrico and Richmond are also planning on replacing their respective systems within the same time frames. J J 13-742 12/11/13 In response to Ms. Jaeckle's question, Mr. Troshak stated the concept is to go out with one bid as a region; however, each jurisdiction will execute their own contract. He further stated there will be some common programming that will occur in the region. He stated hopefully the county will have its own ability to determine a lot of different factors with the purchase. On motion of Ms. Jaeckle, seconded by Mr. Gecker, the Board authorized the award of a contract for consulting services for the replacement of the public safety radio communications system to Altairis Technology Partners, LLC in the amount of $1,573,995, authorized the County Administrator to execute the contract, and transferred $75,000 in additional funds for the contract. Ayes: Jaeckle, Elswick, Warren, Holland and Gecker. Nays: None. 8.B.11. TRANSFER AND APPROPRIATION OF ADDITIONAL FUNDS AND AUTHORIZATION TO AWARD THE CONSTRUCTION CONTRACT AND EXECUTE CHANGE ORDERS FOR THE EAST RIVER ROAD WIDENING PROJECT In response to Mr. Gecker's concerns, Ms. Smith stated in the past the county was getting a fair amount of money from VDOT in the secondary program, and those priorities were set to address secondary road means. She further stated, at the same time, Board priorities were set for primary and interstate projects, which is brought before the Board annually. She stated VDOT has ramped up their revenue sharing program, which includes certain county priorities. She further stated a 3-year program outlines projects that would best be funded by revenue sharing. Regarding additional funding, she stated the bid submitted is slightly over the engineer's estimate of $5,307,378. She further stated in order to award the construction contract, staff recommends the Board authorize the transfer request of $2 million in revenue sharing funds from the Route 360 Widening Project and other completed road projects to the East River Road Widening Project . She stated she believes re-advertising the project will not result in a reduced construction bid. She further stated staff believes the transfer of funds from the Route 360 Widening project and other available funding will not jeopardize the completion of the project. She stated additional allocations are programmed for FY2015-FY2017. She further stated the Route 288/Route 360 project is next on the Board's priority list. She stated the project in discussion will not impact future priority projects. She further stated if additional funding is established, bond proceeds can be used towards future road projects, specifically, the Bon Air Plan. On motion of Mr. Elswick, seconded by Mr. Gecker, the Board authorized the transfer request of $1,000,000 in VDOT Revenue Sharing state funds from the Route 360 (Winterpock Road to Woodlake Village Parkway) Widening Project to the East River Road Widening Project; appropriated $156,057 in cash proffers from Shed 16; transferred $300,000 in local funding from the Route 360 (Winterpock Road to Woodlake Village Parkway) Widening Project and $543,943 available from other completed projects for the balance of the local $1-million match; awarded the construction contract, at a price of $6,999,267, to Branscome, Inc,; and authorized the County Administrator to execute all necessary change orders for the work, up to the full amount budgeted, for the East River Road Widening Project . Ayes: Jaeckle, Elswick, Warren, Holland and Gecker. Nays: None. 13-743 12/11/13 9. REPORTS 9.A. REPORT ON STATUS OF GENERAL FUND BALANCE, RESERVE FOR FUTURE CAPITAL PROJECTS, DISTRICT IMPROVEMENT FUNDS AND LEASE PURCHASES 9.B. SYSTEM REPORT ON ROADS ACCEPTED INTO THE STATE SECONDARY On motion of Mr. Holland, seconded by Mr. Warren, 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. And, further, the following roads were accepted into the State Secondary System: T T'1T1TTT/1TT Collington Sec. 10 (Effective 10/17/2013) Pembrooke Dock Court (Route 7612) - From Pembrooke Dock Lane (Route 7005) to Cul-de-sac Pembrooke Dock Lane (Route 7005) - From Route 7611/Route 7612 to 0.03 miles northwest to Route 5989 (Collington Drive) Pembrooke Dock Lane (Route 7005) - From Pembrooke Dock Lane (existing Route 7005) to Route 7611/Route 7612 Pembrooke Dock Place (Route 7611) - From Pembrooke Dock Lane (Route 7005) to Cul-de-sac Mt. Gilead Boulevard (Effective 10./17/2013) Mt. Gilead Boulevard (Route 7418) - From Hicks Road (Route 647) to temporary end of maintenance LENGTH J 0.09 miles 0.03 miles 0.0.3 miles 0.13 miles 0.46 miles Ayes: Jaeckle, Elswick, Warren, Holland and Gecker. Nays: None. 10. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED MATTERS Mr. George Beadles expressed concerns relative transportation services provided to county citizens. to J 13-744 12/11/13 11. CLOSED SESSION PURSUANT TO SECTION 2.2-3711(A)(3), CODE OF VIRGINIA, 1950, AS AMENDED, TO DISCUSS THE ACQUISITION BY THE COUNTY OF REAL ESTATE FOR A PUBLIC PURPOSE WHERE DISCUSSION IN AN OPEN MEETING WOULD ADVERSELY AFFECT THE BARGAINING POSITION AND NEGOTIATING STRATEGY OF THE COUNTY On motion of Mr. Holland, seconded by Mr. Elswick, the Board went into closed session pursuant to Section 2.2- 3711(A)(3), Code of Virginia, 1950, as amended, to discuss the acquisition by the county of real estate for a public purpose where discussion in an open meeting would adversely affect the bargaining position and negotiating strategy of the county. Ayes: Jaeckle, Elswick, Warren, Holland and Gecker. Nays: None. Reconvening: On motion of Mr. Gecker, seconded by Mr. Warren, the Board adopted the following resolution: WHEREAS, the Board of Supervisors has this day adjourned into Closed Session in accordance with a formal vote of the Board and in accordance with the provisions of the Virginia Freedom of Information Act; and WHEREAS, the Virginia Freedom of Information Act effective July 1, 1989 provides for certification that such Closed Session was conducted in conformity with law. NOW, THEREFORE BE IT RESOLVED, the Board of Supervisors does hereby certify that to the best of each member's knowledge, i) only public business matters lawfully exempted from open meeting requirements under the Freedom of Information Act were discussed in Closed Session to which this certification applies, and ii) only such business matters were identified in the Motion by which the Closed Session was convened were heard, discussed or considered by the Board. No member dissents from this certification. Mr. Holland: Aye. Mr. Gecker: Aye. Mr. Warren: Aye. Mr. Elswick: Aye. Ms. Jaeckle: Aye. 12. DINNER On motion of Mr. Elswick, seconded by Mr. Gecker, the Board recessed to Room 502 for dinner. Ayes: Jaeckle, Elswick, Warren, Holland and Gecker. Nays: None. 13-745 12/11/13 Reconvening: 13. INVOCATION Mr. Don Kappel, Director of Public Affairs, gave the invocation. 14. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Mr. Louis Lassiter, Assistant County Administrator, led the Pledge of Allegiance. 15. RESOLUTIONS 15.A. RECOGNIZING HORSEPLAY RIDING PROGRAM VOLUNTEERS FOR THEIR OUTSTANDING CONTRIBUTIONS TO CHESTERFIELD COUNTY Mr. Golden introduced Ms. Janet Workman, Mr. Danny Workman, Ms. Brandy Workman, Ms. Amy Vineyard and Ms. Mary Hudgins, who were present to receive the resolution. On motion of Mr. Holland, seconded by Mr. Elswick, the Board adopted the following resolution: WHEREAS, the Chesterfield County Parks and Recreation Advisory Commission has recommended recognition of exemplary volunteerism in the Parks and Recreation area through display of volunteer names and accomplishments on five Volunteer Hall of Fame Monuments located throughout the Parks System; and WHEREAS, the Lifetime Volunteer Award is a special award that recognizes the exemplary leadership and character of volunteers whose achievements will be a source of historic pride for future leaders in the community; and WHEREAS, the Workman family of Janet, Danny and Brandy have been leaders and mentors with Horseplay since the beginning in 1993, Amy Vineyard since 1994 and Mary Hudgins since 2001; and WHEREAS, through the efforts of these individuals, the lives of 300 youths with intellectual and physical disabilities have been enriched through therapeutic horseback riding; and WHEREAS, the physical benefits to these youths include improved balance and coordination, greater strength, muscle control and increased range of motion; and the psychological benefits include a sense of achievement, increased confidence and self-esteem; and WHEREAS, the volunteers of Horseplay have spent hundreds of hours teaching classes, fundraising, hosting county horse shows, training volunteers, maintaining certification and building their own facility to host the program; and WHEREAS, Horseplay began as a Chesterfield County Parks and Recreation program in 1993 and then the volunteers established Horseplay Therapeutic Riding Program in 2004 as a 501C (3) non-profit organization. J J J 13-746 12/11/13 NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 11th of December 2013, publicly recognizes the Workman family of Janet, Danny and Brandy, Amy Vineyard and Mary Hudgins on behalf of the citizens of Chesterfield County, for their dedicated and unselfish commitment to the youths of Chesterfield County with intellectual and physical disabilities by displaying these volunteers' names on the Chesterfield County Parks and Recreation Volunteer Hall of Fame Monument located at Harry G. Daniel Park at Ironbridge. AND, BE IT FURTHER RESOLVED that the Chesterfield County Board of Supervisors publicly recognizes the dedicated commitment and untiring efforts displayed by the Workman family of Janet, Danny and Brandy, Amy Vineyard and Mary Hudgins and urges all Chesterfield County residents to keep their many contributions fondly in mind when they visit the Chesterfield County Parks and Recreation Volunteer Hall of Fame Monument in Harry G. Daniel Park at Ironbridge. Ayes: Jaeckle, Elswick, Warren, Holland and Gecker. Nays: None. Mr. Holland presented the executed resolution to members of the Workman Family, Ms. Vineyard and Ms. Hudgins and expressed appreciation for their dedication and commitment to the youths of Chesterfield County. Mr. Workman expressed his appreciation to the Board for the special recognition. 16. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED MATTERS Ms. Brenda Stewart expressed concerns relative to the accessibility of public documents. Ms. Bernie Johns addressed the Board relative to making changes to the Parks and Recreation's Sports Manual of Policies and Procedures, pertaining to cosponsored athletic programs. Mr. Zachary Johns addressed the Board relative to the opportunity to play football through a co-sponsored program offered through Parks and Recreation. Mr. John Pettengill addressed the Board relative to his philosophy of government. 17. 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 WILL BE HEARD AT SECTION 19 06SN0220 (AMENDED) In Dale Magisterial District, Brookstone Builders requests rezoning from Agricultural (A) and Residential (R- 12) to Residential (R-15) and amendment of zoning district map of 75.7 acres fronting 470 feet on the north line of Jacobs Road, west of Fordham Road, also fronting 1,300 feet on the south and west lines of Fordham Road. Residential use of up to 2.9 units per acre is permitted in a Residential (R- 15) District. The Comprehensive Plan suggests the property is 13-747 12/11/13 appropriate for Suburban Residential II use (2.0 to 4.0 dwellings per acre). Tax IDs 753-684-Part of 4148; 755-683- 7406; 756-683-5406; 757-682-0789 and 3089; and 757-683-1431 and 1912. Mr. Turner stated Mr. Holland is requesting a 30-day deferral to the January 22, 2014 meeting. Mr. Andy Scherzer accepted the deferral. Ms. Jaeckle called for public comment. No one came forward to speak to the deferral. Mr. Holland made a motion, seconded by Mr. Elswick, for the Board to defer Case 06SN0220 until January 22, 2014. Ayes: Jaeckle, Elswick, Warren, Holland and Gecker. Nays: None. 12SN0227 (AMENDED) In Bermuda Magisterial District, Twin Rivers, LLC requests amendment of conditional use planned development (Case 08SN0111) relative to conceptual plan, uses, development standards, access and reduction of cash proffers and amendment of zoning district map in a Community Business (C-3) District on 67.7 acres located in the southwest corner of Meadowville and North Enon Church Roads. Density will be controlled by zoning conditions or ordinance standards. The Comprehensive Plan suggests the property is appropriate for Community Mixed use. Tax IDs 823-659-3856, 6573 and 9483; and 824-659-2386, 5689 and 8890. Mr. Turner stated Ms. Jaeckle is requesting a 60-day deferral to the February 26, 2014 meeting. Ms. Carrie Coyner accepted the deferral. Ms. Jaeckle called for public comment. Mr. Paul Grasewicz expressed concerns relative to the deferral request and the amount of time the case has continuously been extended. No one else came forward to speak to the deferral. Ms. Jaeckle made a motion, seconded by Mr. Gecker, for the Board to defer Case 12SN0227 until February 26, 2014. Ms. Jaeckle stated the reason to defer the case is to provide additional time to work through transportation issues with the community. Ms. Jaeckle called for a vote on her motion, seconded by Mr. Gecker, for the Board to defer Case 12SN0227 until February 26, 2014. Ayes: Jaeckle, Elswick, Warren, Holland and Gecker. Nays: None. J J J 13-748 12/11/13 13SN0131 (AMENDED) In Dale Magisterial District, Terraforge, Inc. requests amendment of conditional use planned development (Case 05SN0219) relative to reduction 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 the applicant is requesting a 60-day deferral to the February 26, 2014 meeting. Ms. Carrie Coyner, representing the applicant, stated a deferral is needed in order to give residents another opportunity to voice their opinions at a community meeting. Ms. Jaeckle called for public comment. There being no one to speak to the issue, the public hearing was closed. Mr. Holland expressed concerns relative to cash proffers and the potential impact on capital facilities. He stated the deferral is necessary in order for residents to voice their opinions relative to the case. Mr. Holland then made a motion, seconded by Mr. Elswick, for the Board to defer Case 13SN0131 until February 26, 2014. Ayes: Jaeckle, Elswick, Warren, Holland and Gecker. Nays: None. 14SN0509 In Matoaca Magisterial District, Hulbert RS Builders, Inc. requests rezoning from Residential (R-9) to Neighborhood Office (O-1) and amendment of zoning district map on 1.4 acres fronting 170 feet on the east line of North Spring Run Road, 660 feet north of McEnnally Road. 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 725-670-2347. Mr. Turner presented a summary of Case 14SN0509 and stated both the Planning Commission and staff recommend approval and acceptance of the proffered conditions. Ms. Carrie Coyner, representing the applicant, accepted the recommendation. She stated the applicant worked closely with the adjacent property owner to ensure the owner was satisfied with the proffered conditions. Ms. Jaeckle called for public comment. There being no one to speak to the issue, the public hearing was closed. 13-749 12/11/13 On motion of Mr. Elswick, seconded by Mr. Holland, the Board approved Case 14SN0509 and accepted the following proffered conditions: 1. Access. Direct vehicular access from the property to North Spring Run Road shall be limited to one (1) entrance/exit, generally towards the northern property line. The exact location of this access shall be approved by the Transportation Department. (T) 2. Maximum Building Size: A maximum building size of 3,000 square feet shall be permitted and limited to no more than one user. (P) 3. Uses. The following O-1 Neighborhood Office uses shall not permitted. a) Group care facilities, b) Museums, c) Nursery Schools and child or adult care centers, d) Veterinary Offices . ( P) 4. A public sanitary sewer easement shall be recorded across the rear of this property from the existing sanitary manhole located on the rear property line to the southern property line to serve the future needs of Tax ID 725-670-2330. (U) 5. Any ground mounted mechanical equipment shall be located to the north side or east side of the building. (P) 6. Solid waste storage areas shall not be serviced between the hours of 8:00 p.m. and 7:00 a.m. (P) 7. A fifty foot (50' ) buffer shall be maintained along the southern property line. This buffer shall comply with the requirements of the Ordinance for fifty (50) foot buffers. (P) Ayes: Jaeckle, Elswick, Warren, Holland and Gecker. Nays: None. 14SN0515 In Dale Magisterial District, John Netto requests rezoning from Agricultural (A) to Neighborhood Office (O-1) and amendment of zoning district map on .5 acre known as 7227 Iron Bridge Road. Density will be controlled by zoning conditions or ordinance standards. The Comprehensive Plan suggests the property is appropriate for Neighborhood Office use. Tax ID 773-675-0263. Mr. Turner presented a summary of Case 14SN0515 and stated both the Planning Commission and staff recommended approval and acceptance of the proffered conditions. The applicant was not present. Ms. Jaeckle called for public comment. J J J 13-750 12/11/13 There being no one to address the issue, the public hearing was closed. On motion of Mr. Holland, seconded by Mr. Warren, the Board approved Case 14SN0515 and accepted the following proffered conditions: 1. Dedication. Prior to any site plan approval or within sixty (60) days of a written request by the Transportation Department, whichever occurs first, one hundred (100) feet of right way on the east side of Iron Bridge Road Route (10), measured from the centerline of that part of Route 10 immediately adjacent to the property, shall be dedicated, free and unrestricted, to and for the benefit of Chesterfield County. (T) 2. Access. There shall be no direct vehicular access from the property to Route 10. (T) Ayes: Jaeckle, Elswick, Warren, Holland and Gecker. Nays: None. 14SN0514 In Midlothian Magisterial District, Gary Sutton requests conditional use to permit a business (small engine repair) incidental to a dwelling and amendment of zoning district map in a Residential (R-7) District on .7 acre known as 6539 Walmsley Boulevard. Density will be controlled by zoning conditions or ordinance standards. The Comprehensive Plan suggests the property is appropriate for Medium-High Density Residential use (minimum 4.0 to 8.0 dwellings per acre). Tax IDs 768-695-5303 and 5618. Mr. Ryan Ramsey presented a summary of Case 14SN0514 and stated the Planning Commission recommended approval and acceptance of the proffered conditions. He stated staff recommended denial because the proposed land use does not conform to the Comprehensive Plan, which suggests the property is appropriate for Medium-High Density Residential use (minimum 4.0 to 8.0 dwellings per acre), and the proposed land use is not representative of, nor compatible with, existing and anticipated area residential development. Mr. Gary Sutton accepted the recommendation. He further stated he has letters of support from adjacent property owners. Ms. Jaeckle called for public comment. Mr. Steve Meadows urged the Board to approve the request. There being no one else to speak to the issue, the public hearing was closed. Mr. Gecker stated his support of the conditional use. Mr. Gecker then made a motion, seconded by Mr. Elswick, for the Board to approve Case 14SN0514 and accept the following proffered conditions: 13-751 12/11/13 1. Non-Transferable Ownership: This Conditional Use approval shall be granted exclusively to Gary Sutton, and shall not be transferable nor run with the land. (P) 2. Time Limitation: This Conditional Use approval shall be granted for a period not to exceed three (3) years from the date of approval. (P) 3. Location of Repair Activity: All repair activity associated with this use, shall be accomplished within the "Work Shop" or the fenced area adjoining the "Work Shop", as designated on Exhibit A, dated September 5, 2013. Outside storage of materials or equipment associated with this use shall be prohibited. No new building construction shall be permitted to accommodate this use. (P) 4. Hours of Operation: a. Client pick-up and drop-off of equipment shall be limited to Monday through Friday from 6 p.m. to 8 p.m. b. Repair activity, client pick-up and drop-off of equipment shall be limited to Saturday and Sunday from 9 a.m. to 6 p.m. (P) 5. Employees and Clients: No employees, other than the applicant, shall be permitted to work on the premises for the small engine repair shop. No more than two clients shall be permitted on the property at any one time. (P) 6. Signage: One freestanding sign, not exceeding five (5) square feet in area and four (4) feet in height, shall be permitted to identify the small engine repair shop. (P) 7. Screening: Within ninety (90) days of approval, a six (6) foot tall privacy fence shall be installed adjacent to the "Work Shop", as designated on Exhibit A, so as to screen the outside work area from adjacent properties and Danzler Road. (P) Ayes: Jaeckle, Elswick, Warren, Holland and Gecker. Nays: None. 18. PUBLIC HEARINGS 18.A. TO CONSIDER PROPOSED POLICY AMENDMENT RELATIVE TO ALTERNATIVE FINANCIAL INSTITUTIONS Mr. Ray Cash stated this date and time has been advertised for a public hearing for the Board to consider a proposed policy amendment relative to Alternative Financial Institutions. He further stated following a recommendation by the Planning Commission, the Board of Supervisors adopted amendments to the Zoning Ordinance and a policy providing general guidelines to be used in evaluation of zoning cases for Alternative Financial Institutions. Subsequent to the adoption, he stated the Board considered several proposals for these institutions. During these considerations, he J J J 13-752 12/11/13 further stated concern was expressed that visual impact of these use was greater when located within freestanding buildings or parcels. He stated it was suggested that the policy be amended. The proposed amendment would require the institutions to be located within a shopping center and within a building designed, constructed or repurposed for use and occupancy by three or more separate tenants. In response to Mr. Gecker's question, Mr. Cash stated the policy change is necessary in order to give applicants a broader explanation of what is recommended. Ms. Jaeckle called for public comment. Mr. Steve Meadows expressed concerns relative to AFIs being located within shopping centers. He stated the uses of Alternative Financial Institutions need to be as restrictive as possible. Mr. Freddy Boisseau expressed concerns relative to protection of people who seek personal lending services. There being no one else to address the issue,. the public hearing was closed. In response to Mr. Gecker's questions, Mr. Mincks stated there are some locational separation requirements which require that AFI's be located within a structure housing three or more independent uses that is located within a shopping center which would serve to minimize their visual appearance within the surrounding community. He further stated proposed changes are providing staff with a way to advise applicants and the business community as to what can be expected going through the process. In response to Mr. Gecker's question, Mr. Cash stated the distance separation component between Alternative Financial Institutions is a policy requirement. He further stated, aside from the C-5 conditional use requirement, there are no locational requirements within the ordinance. In response to Mr. Warren's question regarding the vote of the Planning Commission, Mr. Cash stated Mr. Waller voted in opposition of the proposed policy amendment, but did not give public comment. In response to Mr. Holland's question, Mr. Cash stated the current revision was made after Board discussion relative to a zoning case in the Bermuda District. Ms. Jaeckle stated the proposed policy amendment is necessary in order to give an applicant direction and business owners the opportunity to control the visual appearance of the institution within their shopping centers. In response to Mr. Gecker's question, Ms. Jaeckle stated the issues with the zoning case off of Osborne Road were proximity to residential and concerns relative to isolation of the business. Mr. Gecker stated as a land use matter, it is difficult to say that the re-use of an existing freestanding building with 13-753 12/11/13 no proximity to residential center complex has an advers Discussion ensued relative distance separation. and incorporated with a shopping e land-use impact. to locational requirements and On motion of Ms. Jaeckle, seconded by Mr. Warren, the Board approved the policy amendment relative to Alternative Financial Institutions, a copy of which is filed with the papers of this Board. Ayes: Jaeckle, Elswick, warren, Holland and Gecker. Nays: None. 18.B. TO CONSIDER AMENDMENTS TO THE COUNTY CODE RELATIVE TO KEEPING CHICKENS IN RESIDENTIAL DISTRICTS Ms. Peterson stated this date and time has been advertised for a public hearing for the Board to consider code amendments relative to keeping chickens in Residential Districts (R-7, R-9, R-12, R-15, R-25, R-40 and R-88) She further stated recent community interest and pending conditional use applications to allow chicken keeping in Residential Districts prompted the Board of Supervisors to direct staff to consider possible amendments to the ordinance to allow the use in all single-family Residential Districts. As recommended by the Planning Commission, she stated chicken keeping would become a use permitted in Residential Districts subject to specific restrictions; if the restrictions are met, no further zoning action would be required; if one or more of the restrictions is not met, conditional use approval would be required. In response to Mr. Holland's question regarding setback requirements in neighboring areas, Ms. Peterson stated Colonial Heights indicates a setback of 10 feet from property lines; Petersburg indicates a 45-foot setback; Richmond indicates a 15-foot setback; Hanover County indicates a setback of 200 feet from property lines and Henrico indicates a 400-foot setback from property lines. Ms. Jaeckle called for public comment. Mr. Howard Nester, Chairman of the Agriculture and Forestry Committee, stated the committee unanimously voted to support the ordinance. Speaking on behalf of the Chesterfield County Farm Bureau, he stated the Farm Bureau also supports the ordinance. He also voiced his support of the proposal, stating his chickens provide fresh eggs to his close friends and immediate family. Ms. Nancy Scott urged the Board to approve the ordinance amendment. She stated chickens help diminish the threat of rodents and bugs and can be great pets. She expressed concerns relative to the restriction of enclosing the top and sides of a fenced outside run area. Ms. Virginia Summers urged the Board to approve the ordinance amendment. She stated chickens can be kept healthy and safe without posing a nuisance on neighbors. She further stated the ordinance does a reasonable job of .creating guidelines. She stated a larger fenced pen would be more beneficial for the animals. J J J 13-754 12/11/13 Mr. James Lovell urged the Board to approve the ordinance amendment. He expressed concerns relative to the restriction of enclosing the top and sides of a fenced outside run area. Mr. Nick Johnston expressed concerns relative to setback requirements, stating the setback is too restrictive. He urged the Board to approve the ordinance amendment. Mr. Freddy Boisseau urged the Board to approve the ordinance amendment. He stated keeping chickens does not create a trespass or nuisance on neighbors. He inquired about residential lots over six acres. Ms. Ryann Barnum expressed her support of the ordinance amendment. She stated chickens are completely harmless and nuisance free. She asked the Board to approve the request. Mr. Steve Meadows stated chickens create sustainability in the area. He further stated he supports the ordinance amendment. Ms. Andrea Epps stated the ordinance amendment is supported by Planning staff, the Planning Commission and many other local organizations. She urged the Board to support the ordinance and noted it can be amended or repealed at any time. There being no one else to address the issue, the public hearing was closed. Mr. Gecker stated he provided copies of two different articles to Board members regarding types of laws relative to backyard poultry, which include the concept of setback, provisions for care of the coop, neighbor consent, etc. He suggested deferring the matter for 30 days in order to give the Board time to look through literature which provides potential alternatives relative to the keeping of chickens in residential districts. He noted there is enough uncertainty among Board members relative to the final decision. In response to Mr. Holland's request, Mr. Rob Leinberger, assistant supervisor for Animal Control, stated the Animal Control Department does not have any opposition to the keeping of chickens. In response to Mr. Holland's question, he stated the department would investigate any situation relative to care of the animal. He further stated there are state code regulations relative to dogs attacking livestock/poultry. He stated in his career of 22 years, he has only investigated three dog attacks-on poultry. In response to Ms. Jaeckle's question, Mr. Leinberger stated under the Code of Virginia, a pen must be of a certain size to accommodate a dog. He further stated there are currently no restrictions/guidelines relative to keeping of chickens. He stated if an animal was treated in a poor manner, an Animal Control officer could intervene under the cruelty statute of state law. In response to Mr. Warren's question, Mr. Leinberger stated in the instance an Animal Control officer catches a dog in the act of killing livestock/poultry, the officer is required to terminate the dog immediately. He noted the livestock 13-755 12/11/13 owner also has that same right. He stated if there is an investigation underway, the process would be to go before the General District court and have a hearing to declare the dog as a "livestock killer", at that time the judge can have the dog euthanized or order the removal of the dog to a state not bordering Virginia. He further stated chickens have many enemies, for example, coyotes, snakes, raccoons, etc. Mr. Warren expressed concerns relative to the possible dangers of predators invading on a chicken's territory. He noted the majority of the Board may be in favor of permitting some type of ordinance, but other factors need to be warranted. On motion of Mr. Gecker, seconded by Ms. Jaeckle, the Board deferred consideration of code amendments relative to keeping chickens in Residential Districts until January 22, 2014. Ayes: Jaeckle, Elswick, Warren, Holland and Gecker. Nays: None. Mr. Warren stated the purpose of the deferral is to look at all aspects of the matter before passing an ordinance. Mr. Holland stressed the importance of considering setback requirements from property lines. He expressed appreciation to those speakers who voiced their opinions relative to the issue. Mr. Elswick stated he will read the material provided by Mr. Gecker. He noted he does support the proposal. Mr. Gecker stressed the importance of the Board being as fully informed as possible before making a final decision. 18.C. TO CONSIDER LEASE OF REAL PROPERTY AT THE SOFTBALL COMPLEXES AT HARRY G. DANIEL PARK AT IRON BRIDGE AND WARBRO ATHLETIC COMPLEX Mr. Golden stated this date and time has been advertised for a public hearing for the Board to consider lease of real property at the softball complexes at Harry G. Daniel Park at Iron Bridge and Warbro Athletic Complex. He further stated the current lease which provides for operation of the facilities will expire on December 31, 2013. He stated staff advertised a request for proposals for operation of the softball facilities. He further stated staff recommends award of a lease to David Tiller and Associates. He stated the agreement with Mr. Tiller has saved the county nearly $900,000 in the past three years. He also noted Mr. Tiller was the only one who responded to the county's RFP. In response to Mr. Elswick's question, Mr. Golden stated the agreement with Mr. Tiller has saved the county nearly $190,000 a year. Ms. Jaeckle called for public comment. Ms. Brenda Stewart expressed concerns relative to the proposed lease with Mr. Tiller's company. She stated the document remains flawed with inadequate protection for taxpayers' considerable investment in capital facilities and J J J 13-756 12/11/13 inadequate compensation for the lessee's use of capital facilities in his business. She urged the Board to deny the proposal. Ms. Susan Parker urged the Board to award the lease to David Tiller and Associates. She stated the quality of the fields has improved tremendously since Mr. Tiller has taken over responsibility. There being no one else to address the issue, the public hearing was closed. In response to Mr. Elswick's questions, Mr. Bacile stated the RFP specified $500,000 in Employers' Liability Insurance for each accident, while the lease specifies only $100,000. He further stated Mr. Tiller did not have the coverage that was desired. He stated it was generally agreed upon that $100,000 would be suitable to the county. He further stated written comments referenced by Ms. Stewart from the lessee were made during the negotiation process. In response to Mr. Elswick's question, Mr. Golden stated the items that were still to be completed under the current contract, such as irrigation and playgrounds, were estimated at about $22,000. He further stated renovations to various infields at both complexes were approximately $22,000 as well. In response to Ms. Jaeckle's question, Mr. Bacile stated the $500,000 coverage amount was negotiated and went through a process to determine a reasonable figure that was suitable to both the lessee and the county. In response to Mr. Gecker's question regarding insurance coverage, Mr. Mincks stated there is a slight risk to the county in terms of work that is being performed for the benefit of the county. He further stated the interest is what the lessee is taking care of relative to workers compensation claims on behalf of their own employees. He stated Risk Management determined that the $100,000 risk was not a material threat to the county. He noted there is a $500,000 policy limit aggregate as well. In response to Mr. Holland's question relative to the issue of insurance with other applicants, Mr. Bacile stated there were no other proposals. In response to Mr. Elswick's question relative to alcohol consumption on the premises, Mr. Mincks stated terms of the lease would encompass any violation of law in the provisions of the lease and would cover any behavior that falls within a category under general terms and conditions. He further stated the lessee should directly supervise use of the premises at all times during program operations. He noted the county and/or its representatives have the right to inspect and supervise use of the premises as well. He stated if anyone is found violating the law, the lessee shall remove the violator from the premises at once. Discussion ensued relative to the responsibilities and supervision of the lessee and the umpires/referees of the games. 13-757 12/11/13 Mr. Holland stressed the importance of the addition of the following provision within the contract: Lessee's operation of the Premises shall be consistent with the County's organizational values of customer service, ethical behavior, teamwork, and continuous improvement. Lessee agrees to strive for excellence in customer service. In response to Mr. Holland's concern relative to the audit process, Mr. Lassiter stated under the contract, with the audit provision that was added, the county has the right to request documentation from the lessee. He noted Mr. Tiller was cooperative with the audit that was performed in the fall . In response to Ms. Jaeckle's question, Ms. Snead stated Mr. Chernau, Senior Assistant County Attorney, responsible for drafting the lease, feels the contract is in order and does cover all necessary provisions. In response to Mr. Elswick's question relative to background checks, Mr. Mincks stated officers and employees of the lessee, who have contact with juveniles during the term of the lease, shall submit to a criminal background check. In response to Mr. Elswick's question, Mr. Golden stated background checks are normally not performed on umpires. He further stated umpires are hired as independent contractors. In response to Mr. Holland's question, Mr. Golden stated there is an individual cost of $30 for each person that is administered a background check. He noted coaches and league officials also adhere to the same process. In response to Mr. Warren's question, Ms. Snead stated she was informed that there were other potential bidders who decided not to bid; however, she is not aware of why they did not make an offer. She further stated she does believe that after conversations with the Mr. Bacile, throughout the process, everything possible was done to reach out to potential bidders that may have showed interest in the opportunity. In response to Mr. Warren's question, Mr. Golden stated Mr. Tiller's company will have to pay the county $30,000 a year and spend up to $15,000 a year on improvements to the county's fields at both locations. In response to Mr. Warren's question, Ms. Snead stated Mr. Tiller had paid the county $65,000 a year, over the past three years. She further stated the amount of $45,000 under the proposal was negotiated with the sole applicant. She stated the alternative would be more costly to the county. In response to Mr. Elswick, Mr. Bacile stated the amount of $30,000 paid to the county was negotiated with the applicant. He further stated there were three offers to the request for proposals that was issued in 2010. He stated Mr. Tiller submitted an offer between $40,000-$45,000; one offer was submitted for $5,000 and another for $1. He further stated the two lower offers were negotiated up to $10,000 and Mr. Tiller's offer was negotiated up to $65,000. He noted all offers become public information after the fact. In regards to advertising, he stated 125 notices were sent out to any 13-758 12/11/13 firms that may have showed a possible interest in bidding. He further stated the offer was advertised on the county's website and in the Richmond Times Dispatch. Mr. Warren expressed concerns relative to the terms of the contract. Mr. Stegmaier stated in terms of the amount of rent that is being paid under the lease, it is not as good as the previous lease; however, as a result of a number of issues that have been raised by the public around the contract, it may not be the perfect contract yet, but the contract itself has seen a number of significant improvements in its structure. He further stated it is clear that staff did not anticipate the level of detail that should have been in the contract originally or the amount of contract monitoring that would be required. He stated staff is more prepared going into the proposed contract to put in place enforcement practices and processes to make sure the contract is adhered to much more closely. He noted the real benefit to the county and the residents of the county is not so much the rent that is paid under the lease portion of the contract, but the fact that the services that are going to be provided, at a cost to the taxpayers, is much lower than what it would take the county to provide the service in-house. Mr. Warren and Mr. Holland both thanked Mr. Stegmaier for putting in the appropriate oversight relative to the new contract and the best interest of county residents. Mr. Holland stated he will support the contract, given the recommendation. Mr. Holland then made a motion, seconded by Mr. Gecker, for the Board to approve the lease of real property at the softball complexes at Harry G. Daniel Park at Iron Bridge and Warbro Athletic Complex to David Tiller and Associates. Ms. Jaeckle commended the efforts made by Ms. Stewart that help lead to many new precautions in the proposed contract. Ms. Jaeckle called for a vote on the motion made by Mr. Holland, seconded by Mr. Gecker, for the Board to approve the lease of real property at the softball complexes at Harry G. Daniel Park at Iron Bridge and Warbro Athletic Complex to David Tiller and Associates. Ayes: Jaeckle, Elswick, Holland and Gecker. Nays: Warren. 18.D. TO CONSIDER AMENDMENTS TO THE COUNTY CODE RELATIVE TO TREE CANOPY REQUIREMENTS IN THE UPPER SWIFT CREEK WATERSHED AREA Mr. Jeff Lamson stated this date and time has been advertised for a public hearing for the Board to consider amendments to the County Code relative to tree canopy requirements in the Upper Swift Creek Watershed area. Ms. Jaeckle called for public comment. 13-759 12/11/13 There being on one to address the issue, the public hearing was closed. On motion of Mr. Warren, seconded by Mr. Gecker, the Board adopted the following amendments to the County Code relative to tree canopy requirements in the Upper Swift Creek Watershed area: AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING AND RE-ENACTING SECTIONS 19-240 THROUGH 19-240.4 RELATING TO THE PRESERVATION OF TREES DURING DEVELOPMENT IN THE UPPER SWIFT CREEK WATERSHED BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Sections 19-240 through 19-240.4 of the Code of the County of Chesterfield, 1997, as amended, are amended and re- enacted to read as follows: CHAPTER 19 ZONING 0 0 0 Sec. 19-240. Tree planting, replacement and preservation in the Upper Swift Creek Watershed. The purpose of Sections 19-240 through 19-240.4 is to promulgate regulations for the planting and replacement of trees destroyed or damaged during the development or redevelopment process for single-family residential projects, pursuant to Section 15.2-961 of the Code of Virginia, including the preservation of trees during development in appropriate instances. Sec. 19-240.1. General Standards. (a) All trees to be planted shall meet the specifications of the American Nursery and Landscape Association. (b) The planting of trees shall be done in accordance with either the standardized landscape specifications jointly adopted by the Virginia Nursery and Landscape Association, the Virginia Society of Landscape Designers and the Virginia Chapter of the American Society of Landscape Architects, or the road and bridge specifications of the Virginia Department of Transportation. The county shall maintain current copies of these specifications available to the public. (c) The minimum size standards for trees shall be in accordance with Section 19-518 (b). (d) The canopy area of planted trees shall be in accordance with the Chesterfield County Plant Materials List as maintained by the planning department. Canopy credit for trees not included on the Chesterfield County Plant Materials List may J J J 13-760 12/11/13 be approved by the planning department based on credible published documentation. Sec. 19-240.2. Canopy Requirements. (a) Construction plans. All construction plans for subdivision plats shall include detailed landscape plans prepared in accordance with Section 19-517 to provide for the planting and replacement of trees on site to the extent that, at maturity of twenty (20) years, the minimum tree canopy shall be as follows: (1) Fifteen (15) percent tree canopy for sites zoned single family residential, with densities between ten (10) and twenty (20) units per acre. (2) Twenty (20) percent tree canopy for sites zoned single family residential, with densities of ten (10) units or less per acre. Upon written request, the director of planning may grant approval for any residential project to comply with tree canopy requirements of Sections 19-240 through 19-240.4 on an overall project basis. Compliance on an overall basis will require review and approval of a tree canopy master plan in accordance with Section 19-240.2 (b) (2). (b) Tree Canopy Master Plan. (1) All preliminary subdivision plats submitted after December 11, 2013, shall include a tree canopy master plan for review and approval. (2) The tree canopy master plan shall serve as a guide to be followed for each construction plan, and shall be updated during the development of the overall residential project. Any revision must be submitted for review and approval by the director of planning. The plan shall show in graphic format all areas set aside to satisfy tree canopy requirements and the means by which such requirements will be satisfied. (c) Exclusions. For the purpose of calculating the area of a site for tree canopy coverage requirements, the following areas shall be excluded: (1) Ponds and nonwooded wetlands. (2) Properties reserved or dedicated for school sites, playing fields and other nonwooded recreation areas, and other facilities and areas of a similar nature. (3) Portions of a site which contain existing structures that are not the subject of a pending application. 13-761 12/11/13 (d) Credits for Preservation of Existing Trees. Existing trees which are to be preserved may be included in the calculation of the canopy requirements, and may include wooded preserves, if the construction plans identify such trees and the trees meet standards of desirability and life-year expectancy as established by the director of planning. Sec. 19-240.3. Exceptions to Requirements. Upon written request of the developer, the director of planning may approve reasonable exceptions to, or deviations from, the requirements of Sections 19-240 through 19-240.2 in order to allow for the reasonable development of farmland or other areas devoid of healthy or suitable woody materials, for the preservation of wetlands, or when the strict application of requirements would result in unnecessary or unreasonable hardship to the developer. In such instances, the director of planning may approve satisfaction of a portion of a development's tree canopy requirement through use of a tree canopy bank or off-site planting or replacement of trees provided that the canopy thereby substituted is located within the Upper Swift Creek Watershed. Sec. 19-240.4. Enforcement. Penalties for violations of the requirements of Sections 19- 240 through 19-240.3 shall be the same as those applicable to other violations of this chapter as set forth in Section 19- 5. Notwithstanding the foregoing, this section shall apply only to tree canopy areas that (i) have been included in open space maintained by a home owners' association, (ii) are subject to a perpetual conservation easement, or (iii) are included on individual lots which have not received a certificate of occupancy. (2) That this ordinance shall become effective immediately upon adoption. Ayes: Jaeckle, Elswick, Warren, Holland and Gecker. Nays: None. 18.E. TO CONSIDER TECHNICAL AMENDMENTS TO THE COUNTY CODE RELATING TO TANGIBLE PERSONAL PROPERTY EXEMPTIONS, THE E-911 SYSTEM TAX, AND THE CONSUMER UTILITY TAX ON TELEPHONE SERVICE Mr. Mincks stated this date and time has been advertised for a public hearing for the Board to consider technical amendments to Sections 9-60 and 9-41 of the County Code, and repeal Section 9-171 of the County Code relating to tangible personal property exemptions (Sec. 9-60), the E-911 system tax (Sec. 9-141), and the consumer utility tax on telephone service (Sec. 9-171): Ms. Jaeckle called for public comment. There being on one to address the issue, the public hearing was closed. On motion of Mr. Gecker, seconded by Mr. Holland, the Board adopted the following technical amendments to Sections 9-60 and 9-41 of the County Code, and repealed Section 9-171 of J J J 13-762 12/11/13 the County Code relating to tangible personal property exemptions (Sec. 9-60), the E-911 system tax (Sec. 9-141), and the consumer utility tax on telephone service (Sec. 9- 171) AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING AND RE-ENACTING SECTIONS 9-60 AND 9-141, AND BY REPEALING SECTION 9-171 RELATING TO TANGIBLE PERSONAL PROPERTY EXEMPTIONS, E-911 SYSTEM TAX, AND TAX ON TELEPHONE UTILITY SERVICE BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Sections 9-60 and 9-141 of the Code of the Count of Chesterfield, 1997, as amended, is amended and re-enacted, to read as follows: Sec. 9-60. General provisions. The following household goods and personal effects of county residents are hereby exempt from taxation as tangible personal property: (a) Bicycles and mopeds as defined by Code of Virginia § 46.2-100. (b) Household and kitchen furniture, including gold and silver plates, plated ware, watches and clocks, sewing machines, refrigerators, automatic refrigerating machinery of any type, vacuum cleaners and all other household machinery, books, firearms and weapons of all kinds. (c) Pianos, organs, phonographs, record players and records to be used therewith, musical instruments of whatever kind, radio, television and other home entertainment equipment. (d) Oil paintings, pictures, statuary, curios, articles of virtue and works of art. (e) Diamonds, cameos or other precious stones and all precious metals used as ornaments or jewelry. (f) Sporting and photographic equipment. (g) Clothing and objects of apparel. (h) Computers and accompanying equipment not used in a business. (i) All other tangible personal property used by an individual or a family or household incident to maintaining an abode. Sec. 9-141. Amount of tax. Pursuant to the authority set forth in Code of Virginia, § 58.1-1730, the county hereby imposes a tax to be used by the county to pay the capital, installation and maintenance costs and recurring maintenance, repair, system upgrade, and overhead costs of its E-911 system. The tax shall be levied 13-763 12/11/13 upon each purchaser of telephone service from a corporation coming within the provisions of Code of Virginia, § 58.1-2600 et seq. The tax shall be in the amount of $2.00 per telephone line per month. (2) That this ordinance shall become effective immediately upon adoption. Ayes: Jaeckle, Elswick, Warren, Holland and Gecker. Nays: None. 18.F. TO CONSIDER THE REAL ESTATE TAX EXEMPTION REQUEST OF CHESTERFIELD ALTERNATIVES, INCORPORATED Mr. Mincks stated this date and time has been advertised for a public hearing for the Board to consider the real estate tax exemption request of Chesterfield Alternatives, Incorporated. Ms. Jaeckle called for public comment. There being on one to address the issue, the public hearing was closed. On motion of Mr. Holland, seconded by Mr. Warren, the Board approved the real estate tax exemption request of Chesterfield Alternatives, Incorporated. In response to Mr. Gecker's question, Mr. Mincks stated the county leases property from Chesterfield Alternatives, Inc. Ms. Jaeckle called for a vote on the motion. made by Mr. Holland, seconded by Mr. Warren, for the Board to approve the real estate tax exemption request of Chesterfield Alternatives, Incorporated and adopted the following ordinance: CRITERIA FOR CONSIDERING TAX EXEMPTION REQUESTS UNDER STATE LAW 1. CAI is exempt from taxation pursuant to §501 (c) of the Internal Revenue Code; 2. CAI does not possess a current annual alcoholic beverage license for serving alcoholic beverages for use on the property; 3. No director of CAI is paid any compensation for service to the corporation and its salaries are not in excess of reasonable salaries for services performed by the employees; 4. No part of the net earnings of CAI inures to the benefit of any individual; 5. CAI provides services for the common good of the public; and 6. CAI does not attempt to influence legislation or intervene in any political campaign on behalf of any candidate for public office. Ayes: Jaeckle, Elswick, Warren, Holland and Gecker. Nays: None. J J J 13-764 12/11/13 18.G. TO CONSIDER AN ORDINANCE TO VACATE A PORTION OF A SIXTEEN-FOOT EASEMENT ACROSS LOT 11, TARRINGTON, SECTION 9 Mr. Harmon stated this date and time has been advertised for a public hearing for the Board to consider an ordinance to vacate a portion of a sixteen-foot easement across Lot 11, Tarrington, Section 9. Ms. Jaeckle called for public comment. There being on one to address the issue, the public hearing was closed. On motion of Mr. Gecker, seconded by Mr. Holland, the Board adopted the following ordinance to vacate a sixteen-foot easement across Lot ll, Tarrington, Section 9: AN ORDINANCE whereby the COUNTY OF CHESTERFIELD, VIRGINIA, ("GRANTOR") vacates to CHARLES A. GIBBENS, JR. and JOANN LINDSTROM-CLARK, ("GRANTEE"), a portion of a 16' easement across Lot 11, Tarrington, Section 9, MIDLOTHIAN Magisterial District, Chesterfield County, Virginia, as shown on a plat thereof duly recorded in the Clerk's Office, Circuit Court, Chesterfield County, Virginia in Plat Book 174, at Pages 47 through 50. WHEREAS, CHARLES A. GIBBENS, JR. and JOANN LINDSTROM- CLARK, petitioned the Board of Supervisors of Chesterfield County, Virginia to vacate a portion of a 16' easement across Lot 11, Tarrington, Section 9, MIDLOTHIAN Magisterial District, Chesterfield County, Virginia more particularly shown on a plat of record in the Clerk's Office of the Circuit Court of said County in Plat Book 174, Pages 47 through 50, by E. D. LEWIS & ASSOCIATES, P.C., dated MAY 5, 2006, recorded JANUARY 7, 2007. The portion of easement petitioned to be vacated is more fully described as follows: A portion of a 16' easement, across Lot 11, Tarrington, Section 9, the location of which is more fully shown on a plat made by ENGINEERING DESIGN ASSOCIATES, INC., dated NOVEMBER 15, 2013, a copy of which is attached hereto and made a part of this Ordinance. WHEREAS, notice has been given pursuant to Section 15.2- 2204 of the Code of Virginia, 1950, as amended, by advertising; and, WHEREAS, no public necessity exists for the continuance of the portion of easement sought to be vacated. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF SUPERVISORS OF CHESTERFIELD COUNTY, VIRGINIA: That pursuant to Section 15.2-2272 of the Code of Virginia, 1950, as amended, the aforesaid portion of easement be and is hereby vacated. 13-765 12/11/13 This Ordinance shall be in full force and effect in accordance with Section 15.2-2272 of the Code of Virginia, 1950, as amended, and a certified copy of this Ordinance, together .with the plat attached hereto shall be recorded no sooner than thirty days hereafter in the Clerk's Office, Circuit Court, Chesterfield County, Virginia pursuant to Section 15.2-2276 of the Code of Virginia, 1950, as amended. The effect of this Ordinance pursuant to Section 15.2- 2274 is to destroy the force and effect of the recording of the portion of the plat vacated. This Ordinance shall vest fee simple title to the portion of easement hereby vacated in the property owners of Lot 11, Tarrington, Section 9 free and clear of any rights of public use. Accordingly, this Ordinance shall be indexed in the names of the COUNTY OF CHESTERFIELD as GRANTOR, and CHARLES A. GIBBENS, JR. and JOANN LINDSTROM-CLARK, or their successors in title, as GRANTEE. Ayes: Jaeckle, Elswick, Warren, Holland and Gecker. Nays: None. 18.H. TO CONSIDER THE CONVEYANCE OF RIGHTS OF WAY AND EASEMENTS TO THE COMMONWEALTH OF VIRGINIA, DEPARTMENT TRANSPORTATI COALFIELD GENITO ROAD/ROUTE 604 AND E 754 S S Mr. Harmon stated this date and time has been advertised for a public hearing for the Board to consider the conveyance of rights of way and easements to the Commonwealth of Virginia, Department of Transportation for the Genito Road/Route 604 and Coalfield Road/Route 754 Sidewalk Projects. Ms. Jaeckle called for public comment. There being on one to address the issue, the public hearing was closed. On motion of Mr. Gecker, seconded by Mr. Holland, the Board approved the conveyance of rights of way and easements to the Commonwealth of Virginia, Department of Transportation for the Genito Road/Route 604 and Coalfield Road/Route 754 Sidewalk Projects and authorized the Chairman of the Board and County Administrator to execute the deeds. Ayes: Jaeckle, Elswick, Warren, Holland and Gecker. Nays: None. 18.I. TO CONSIDER AMENDING A LEASE OF COUNTY PROPERTY AT BELLWOOD WATER TANK Mr. Harmon stated this date and time has been advertised for a public hearing for the Board to consider amending a lease of county property at Bellwood Water Tank. Ms. Jaeckle called for public comment. There being on one to address the issue, the public hearing was closed. On motion of Mr. Elswick, seconded by Mr. Gecker, the Board approved amending a lease of county property at Bellwood Water Tank with New Cingular Wireless. Ayes: Jaeckle, Elswick, Warren, Holland and Gecker. Nays: None. J J J 13-766 12/11/13 19. REMAINING MANUFACTURED HOME PERMITS AND ZONING REQUESTS There were no remaining requests for manufactured home permits or rezoning at this time. 20. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED MATTERS There were no requests to address the Board at this time. Ms. Jaeckle wished everyone a merry Christmas and happy new year. 21. ADJOURNMENT On motion of Mr. Holland, seconded by Mr. Warren, the Board adjourned at 8:56 p.m. until January 8, 2014. Ayes: Jaeckle, Elswick, Warren, Holland and Gecker. Nays: None. J mes J.L. gm er ounty dministrator ~ ~~ ~ ~~~ Dorot A. Jaeckle Chairman 13-767 12/11/13 J J