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2013-08-28 MinutesBOARD OF SUPERVISORS MINUTES August 28, 2013 Supervisors in Attendance: Staff in Attendance: Ms. Dorothy A. Jaeckle, Chairman Mr. Mike Bacile, Dir., Mr. Stephen A. Elswick, Vice Chrm. Purchasing Mr. James M. Holland Dr. Sheryl Bailey, Dep. Mr. Daniel A. Gecker County Administrator, Management Services Supervisor Absent: Ms. Janice Blakley, Mr. Arthur S. Warren Clerk to the Board Ms. Patsy Brown, Dir., Mr. James J. L. Stegmaier Accounting County Administrator Mr. Kevin Bruny, Chief Learning Officer Ms. Debbie Burcham, Exec. Dir., Community Services Board Mr. Allan Carmody, Dir., Budget and Management Ms. Jana Carter, Dir., Juvenile Services Mr. Barry Condrey, Chief Information Officer Mr. Roy Covington, Dir., Utilities Ms. Mary Ann Curtin, Dir., Intergovtl. Relations Mr. Jonathan Davis, Dir., Real Estate Assessments Mr. Will Davis, Dir., Economic Development Mr. William Dupler, Dep. County Administrator, Community Development Mr. Michael Golden, Dir., Parks and Recreation Dr. Parham Jaberi, Dir. Health Department Mr. Donald Kappel, Dir., Public Affairs Mr. Rob Key, Director, General Services Mr. Louis Lassiter, Asst. County Administrator Mr. Michael Likins, Coop. Extension Director Mr. Mike Mabe, Director, Libraries Ms. Mary Martin Selby, Dir., Human Resource Services Mr. R. John McCracken, Dir., Transportation Mr. Jeffrey L. Mincks, County Attorney Chief Edward L. Senter, Fire Department 13-509 08/28/13 Ms. Marsha Sharpe, Dir., Social Services Mr. Scott Smedley, Dir., Environmental Engineering Ms. Sarah Snead, Dep. County Administrator, Human Services Mr. Kirk Turner, Dir., Planning Mr. Mike Westfall, Dir., Internal Audit Mr. Rick Witt, Building Official Mr. Scott Zaremba, Dir., Human Resource Programs Ms. Jaeckle called the regularly scheduled meeting to order at 3:01 p.m. Ms. Jaeckle noted Mr. Warren's absence from the meeting. 1. APPROVAL OF MINUTES FOR JULY 17, 2013 On motion of Mr. Decker, seconded by'Mr. Elswick, the Board approved the minutes of July 17, 2013, as submitted. Ayes: Jaeckle, Elswick, Holland and Decker. Nays: None. Absent: Warren. 2. COUNTY ADMINISTRATOR'S COMMENTS 2.A. COUNTY ADMINISTRATOR'S REPORT Mr. Stegmaier announced that Mr. Fred Angel, a long-term Customer Operations Administrator in the Utilities Department, passed away suddenly and unexpectedly. He expressed condolences to Mr. Angel's family. • Mr. Stegmaier reported that National Night Out occurred on Tuesday August 6, 2013, and was very well attended by residents and public safety personnel throughout the county. There were 108 block parties, including 26 apartment complexes, with 15 different McGruff routes. He stated approximately 9,700 residents participated in this year's National Night Out. He further stated Chesterfield County's 2013 National Night Out did what it set out to do: heighten crime prevention awareness, generate support and participation in local anti-crime programs, foster relationships between neighbors, and most importantly, send a message that our neighborhoods are organized and taking a proactive stance against crime. • Mr. Stegmaier announced that the Government Finance Officers Association of the United States and Canada awarded the Certificate of Achievement for Excellence in Financial Reporting to Chesterfield County for its Comprehensive Annual Financial Report (CAFR) for the fiscal year ended June 30, 2012. He stated this was the thirty-second consecutive year that the county has achieved this prestigious award. He further stated to earn this award the government must publish an easily readable and efficiently organized comprehensive annual financial report that adheres to generally accepted accounting principles and applicable legal requirements. J J J 13-510 08/28/13 2.B. SPORTS TOURISM UPDATE Mr. Stegmaier introduced Mr. Jon Lugbill, Executive Director of Sports Backers. Mr. Lugbill updated the Board on sports tourism in Chesterfield County and the surrounding region. He stated there has been a 7 percent increase in economic impact relative to sports tourism events within the county in FY2012-2013. He reviewed some of the events held in Chesterfield County in FY2012-2013 and presented information relative to visitor experience enhancements, venues and future opportunities for the county. He- noted some events require significant investment and facility improvements are necessary to enhance tournament attendee experience. In closing, he stated sports tourism is thriving and there is a real opportunity for continuous growth. Mr. Holland expressed appreciation to Mr. Lugbill for the informative presentation. He stressed the importance of facility improvements to county-owned sports venues. He also recognized members of Richmond Region Tourism who were in attendance. Mr. Elswick expressed appreciation to Mr. Lugbill for the informative presentation and efforts to continue to keep sports tourism successful in the region. Mr. Gecker commended Mr. Lugbill on an excellent presentation, his involvement with the region and the meaningful force he has been in moving the Richmond region forward in terms of physical activity and sense of place. In response to Mr. Gecker's question relative to economic impact, Mr. Lugbill stated the direct spending is determined without multipliers for a particular event. Ms. Jaeckle commended Mr. Lugbill on his efforts and noted the Collegiate School Aquatics Center started a regional goal to have all second graders ready to swim by FY2020. Mr. Stegmaier introduced Mr. Jim Beamer, Managing Director, Legislative Outreach of Dominion Resources, Inc. Mr. Beamer updated the Board on the Pocahontas State Park Mountain Bike Trails Project. He summarized the Richmond Region Ride Center trail locations, economic impacts and City of Richmond Trails system. Mr. Elswick expressed his appreciation to Mr. Beamer for his efforts and support for the innovative initiative. 3. BOARD MEMBER REPORTS There were no Board Member Reports at this time. 13-511 08/28/13 4. REQUESTS TO POSTPONE AGENDA ITEMS AND ADDITIONS, DELETIONS OR CHANGES IN THE ORDER OF PRESENTATION On motion of Mr. Holland, seconded by Mr. Gecker, the Board replaced Item 6.A., Report on Cash Proffer Policy; replaced Item 8.A.1., Appointments to the Youth Services Citizen Board; added Item 8.A.3., Appointments to the Health Center Commission; replaced Item 8.B.14., Appropriation of Funds and Authorization to Proceed with the Robious Road Paved Shoulder Project; replaced Item 14.B., Resolution Recognizing Virginia State University, the Virginia Dental Association Foundation's Mission of Mercy and the Virginia Commonwealth University Health System; and replaced Item 17.A., Public Hearing to Consider Lease of Real Property at the Softball Complexes at Harry G. Daniel Park at Iron Bridge and Warbro Athletic Complex for the Operation of Softball Programs. Ayes: Jaeckle, Elswick, Holland and Gecker. Nays: None. Absent: Warren. 5. RESOLUTIONS AND SPECIAL RECOGNITIONS 5.A. RECOGNIZING 2013 NACO AND VACO ACHIEVEMENT AWARD WINNERS Mr. Louis Lassiter stated Chesterfield County is the recipient of 9 Achievement Awards from the National Association of Counties (NACo) this year for innovation programs and services. He extended congratulations to Mr. Don Kappel and the Public Affairs staff for the 8 awards they received from the National Association of County Information Officers (NACIO). The following recipients were recognized by Board members and Mr. Stegmaier, and department representatives were presented with the 2013 NACo Achievement Awards: C-Fit Farmer's Market J DEPARTMENT PROJECT Environmental Engineering Rain Garden Resources Program Human Resource Management Libraries Real Estate Assessor's Office Utilities Department 13-512 Volunteer Program Enhancements - A New Direction in Changing Economic Times F.U.N. @ CCPL Building Common Ground Open House for Student Success Automated Land Use P J J Enhancing Customer Ser 'ce Through Technology, Flexibility and Effici cy Nutrient-Reduction and Cost Recovery Program 08/28/13 Mr. Jim Campbell, Executive Director for VACo, presented the VACo Achievement Award to Mr. Kirk Turner and Mr. Steven Haasch for Moving Forward ... The Comprehensive Plan for Chesterfield County. Mr. Turner expressed his appreciation for- the special recognition. Ms. Jaeckle and Mr. Stegmaier congratulated and commended each department on their recognitions. 5.B. RECOGNIZING MRS. SANDRA F. BRANCH, GENERAL SERVICES, CAPITAL PROJECTS MANAGEMENT, UPON HER RETIREMENT Mr. Key introduced Mrs. Sandra F. Branch, who was present to receive the resolution. On motion of Mr. Holland, seconded by Mr. Elswick, the Board adopted the following resolution: WHEREAS, Mrs. Sandra F. Branch was hired by Chesterfield County in 1986 as a full-time employee in the General Services Department; and WHEREAS, in 1989, Mrs. Branch transferred to the Construction Management Division; and WHEREAS, in January 1990, Mrs. Branch was promoted to Secretary; and in July 1993, was then promoted to Administrative Secretary; and WHEREAS, in September 2001, Mrs. Branch was named employee of the year for outstanding professional performance in managing the day-to-day operations of the Construction Management Division; and WHEREAS, in 2004, Mrs. Branch was recognized by Mr. Lane B. Ramsey, Chesterfield County Administrator, along with other administrative professionals as a major contributor to maintaining a high level of efficiency in regard to administrative functions and records management; and WHEREAS, in 2004, Mrs. Branch demonstrated her commitment to training and education by attaining her Bachelor of Administration Degree Cum Laude; and WHEREAS, in September 2005, Mrs. Branch was then promoted to Administrative Assistant; and WHEREAS, throughout her tenure with General Services, Mrs. Branch coordinated and successfully managed the administrative functions of Capital Projects Management, providing guidance and supervision of clerical staff; and WHEREAS, in 2006, Mrs. Branch worked through an audit with such attention to detail and such care for keeping all of the project documentation in a high state of readiness that there was not even one audit point raised during the internal audit of the Jail Replacement Project, a grAat accomplishment given the complexity of the construction of a modern jail facility; and 13-513 08/28/13 WHEREAS, in December 2007, Mrs. Branch was assigned the responsibility of assembling the request for reimbursement from the Commonwealth of Virginia for the local share of the cost of the new Chesterfield County Jail Replacement Project in the amount of $6.6 million, a daunting task requiring extraordinary attention to detail as required by the Commonwealth of Virginia Department of Corrections procedures, and whereas this request was approved on the first review by the Virginia Department of Corrections; and WHEREAS, throughout her career, Mrs. Branch sought to improve herself through Chesterfield University classes, including the Supervisor Leadership certificate, the Dale Carnegie certificate, and graduation from TQI University; and WHEREAS, in 2012, Mrs. Branch completed the Environmental Management Systems (EMS) training sponsored through the Virginia Tech Center for Organizational and Technological Advancement; and WHEREAS, Mrs. Branch has faithfully and diligently served three General Services Department directors and two county administrators; and WHEREAS, Mrs. Branch serves as a Notary Public; and .WHEREAS, Mrs. Branch was responsible for accurately and efficiently processing millions of dollars in payments to contractors and architects yearly for county construction projects; and WHEREAS, Mrs. Branch served on several committees and volunteer programs, including the Family Worklife Committee, the Employee Association, and the Annual Black History Month Celebration Committee. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 28th day of August 2013, publicly recognizes the outstanding contributions of Mrs. Sandra F. Branch, 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. AND, BE IT FURTHER RESOLVED that a copy of this resolution be presented to Mrs. Branch, and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Ayes: Jaeckle, Elswick, Holland and Gecker. Nays: None. Absent: Warren. Ms. Jaeckle presented the executed resolution Y_o Mrs. Branch and commended her on her many years of loyal and dedicated service. Mrs. Branch, accompanied by her family, expressed her appreciation to the Board for the special recognition. Mr. Stegmaier presented Mrs. Branch with an acrylic statue and county watch and expressed appreciation for her outstanding service to the county. 13-514 J J J 08/28/13 5.C. RECOGNIZING THE 2013 FIRST CHOICE BUSINESS AWARDS WINNERS Mr. Will Davis introduced the 2013 First Choice Business Awards Winners. 5.C.1. B&D CHIMNEY SERVICES, THE 2013 ENVIRONMENTAL STEWARDSHIP AWARD WINNER On motion of Mr. Holland, seconded by Mr. Elswick, the Board adopted the following resolution: WHEREAS, the Chesterfield County Board of Supervisors, Chesterfield County Economic Development and the Anti-Litter Program established a Business Awards Program to recognize existing businesses within the county that contribute to the county's goal of being protectors of the environment; and WHEREAS, B&D Chimney Services, which is located at 21120 Winfree Avenue, South Chesterfield, employs two full time and one part time employee; and WHEREAS, since 1993, B&D Chimney Services has been performing high quality, guaranteed chimney inspections, installation and cleaning services in Chesterfield County, is committed to providing superior customer service, and educates its customers. of the importance of keeping Chesterfield County clean and green; and offers efficient ways to burn chimneys which prevents chimney fires and provides cost savings to the customer; and WHEREAS, B&D Chimney recycles office paper, metal, ink cartridges and batteries, the company stores all waste material in appropriate containers and uses earth friendly cleaning products in its facility; and staff proudly wears recycled business apparel; and WHEREAS, the staff of B&D Chimney Services picks up litter surrounding the facility once a month or as needed, promotes keeping Chesterfield clean by displaying Chesterfield County's Anti-Litter Program educational material, educates county residents on ways to stay safe and save energy by properly cleaning dryer vents, and provides hands-on product displays at the Chesterfield County Fair and the county's environmental fair. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 28th day of August 2013, publicly recognizes B&D Chimney Services, expresses gratitude on behalf of the county for its many contributions to the county, and congratulates them on being the 2013 Environmental Stewardship Award Winner. AND, BE IT FURTHER RESOLVED that a copy of this resolution be presented to B&D Chimney Services and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Ayes: Jaeckle, Elswick, Holland and Gecker. Nays: None. Absent: Warren. 13-515 08/28/13 5.C.2. HCA VIRGINIA'S WORKPLACE WELLNESS PROGRAM, THE 2013 BUILDING HEALTHY COMMUNITIES AWARD WINNER On motion of Mr. Holland, seconded by Mr. Gecker, the Board adopted the following resolution: WHEREAS, the Chesterfield County Board of Supervisors and Chesterfield County Economic Development established a Business Awards Program to recognize existing businesses within the county that contribute to the county's economy and its citizens; and WHEREAS, HCA Virginia's Workplace Wellness Program is managed under HCA's Capital Division and HCA has two hospitals in Chesterfield - Chippenham and Johnston-Willis Hospitals; and WHEREAS, HCA employs 612 individuals in Chesterfield County; and WHEREAS, HCA Virginia's Workplace Wellness Program provides an innovative approach to employee wellness in Central Virginia by offering on-site health risk assessments, biometric screenings free of charge and local health solutions to benefit all, and the program is operating in more than 60 county businesses from the very largest to the small; and WHEREAS, HCA's program has provided 504 free health screenings in 2012 as well as 534 health education seminars, and more than 500 of the health education events were free of charge, or for a nominal fee; and WHEREAS, within the framework of HCA's Workplace Wellness Program, they have made positive changes to hospital cafeteria menus to promote healthy eating habits, and HCA provides free health screenings to employees, assists in funding gym memberships and creates healthy teambuilding activities to increase exercise and health awareness. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 28th day of August 2013, publicly recognizes HCA Virginia's Workplace Wellness Program, expresses gratitude on behalf of the county for its many community contributions to the county, and congratulates them on being the 2013 Building Healthy Communities Award winner. AND, BE IT FURTHER RESOLVED that a copy of this resolution be presented to HCA Virginia's Workplace Wellness Program and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Ayes: Jaeckle, Elswick, Holland and Gecker. Nays: None. Absent: Warren. J J J 13-516 08/28/13 5.C.3. HALEY BUICK GMC, THE 2013 COMMUNITY IMPACT AWARD WINNER On motion of Mr. Holland, seconded by Mr. Gecker, the Board adopted the following resolution: WHEREAS, the Chesterfield County Board of Supervisors and Chesterfield County Economic Development established a Business Awards Program to recognize existing businesses within the county that contribute to the county's economy and its citizens; and WHEREAS, Haley Buick GMC is located on Midlothian Turnpike and employs 72 employees; and WHEREAS, Barry Moore is General Manager and Doug Pridgen is the President of the company; and WHEREAS, Haley invested $1.5 million in its Midlothian facility and 2012 revenues were $34 million, and they utilized a number of local businesses for this new facility during a challenging economy; and WHEREAS, Haley Buick GMC has partnered with Special Olympics, CASA's character walk, Massey Cancer Center, Safe Harbor, Welcome Home Veteran's Parade, Burn Victim Camp, Team Chesterfield, Virginia War Memorial, American Cancer Society, MDA, Healing Place, CARITAS, Flying Squirrels, The Richmond Symphony PBS, the Chesterfield County Fair and many more. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 28th day of August 2013, publicly recognizes Haley Buick GMC, expresses gratitude on behalf of the county for its many community contributions to the county, and congratulates them on being the 2013 Community Impact Award winner. AND, BE IT FURTHER RESOLVED that a copy of this resolution be presented to Haley Buick GMC and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Ayes: Jaeckle, Elswick, Holland and Gecker. Nays: None. Absent: Warren. 5.C.4. COMMONWEALTH PHOTOGRAPHY, THE 2013 SMALL BUSINESS EXCELLENCE AWARD WINNER On motion of Mr. Holland, seconded by Mr. Gecker, the Board adopted the following resolution: WHEREAS, Commonwealth Photography is located in the heart of Chester on Old Hundred Road; and WHEREAS, Commonwealth Photography's staff and owners have served on the Chester Business Association Board, the Chesterfield Center for the Arts Board and Chester Community Association Board while operating their small business; and 13-517 08/28/13 WHEREAS, in addition to donating portraits to charity auctions such as PTA and the Chester Black Tie Gala, Commonwealth Photography has supported ASK (the Association for the Support of Children with Cancer) for more than ten years; and WHEREAS, other various contributions and time have been donated to: Ladies Night Out events, SEVEN Village Holiday Socials, Curtis Elementary PTA, LC Bird Orchestra Benefit Concert, Benefit of Positive Vibe Cafe, Ecoff Elementary Science Fair, Jacobs Road Elementary Silent Auction, Grange Hall Carnival Silent Auction, Junior Federated Woman's Club of Chester, Chester Middle School, Chester YMCA, Chester Lions Club, and Post Prom Parties for L.C. Bird, Thomas Dale, Matoaca, Midlothian, Clover Hill and Manchester High Schools. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 28th of August 2013, publicly recognizes Commonwealth Photography, expresses gratitude on behalf of the county for its many contributions to the county, and congratulates them on being the 2013 Small Business Excellence Award winner. AND, BE IT FURTHER RESOLVED that a copy of this resolution be presented to Commonwealth Photography and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Ayes: Jaeckle, Elswick, Holland and Gecker. Nays: None. Absent: Warren. 5.C.5. NETWORKING TECHNOLOGIES AND SUPPORT, INCORPORATED, THE 2013 INNOVATION IMPACT AWARD WINNER On motion of Mr. Holland, seconded by Mr. Gecker, the Board adopted the following resolution: WHEREAS, the Chesterfield County Board of Supervisors and Chesterfield County Economic Development established a Business Awards Program to recognize existing businesses within the county that contribute to the county's economy and its citizens; and WHEREAS, Networking Technologies and Support, Inc. is headquartered in Midlothian and is now in its 17th year of operations; and WHEREAS, since 1997, NTS has made its home in Chesterfield County and employs 146 people; and WHEREAS, Bernard Robinson, President and CEO serves on the Government Relations Committee, and Carol Nitz, Marketing Manager is on the Board of Directors for the Chesterfield Chamber of Commerce; and WHEREAS, as a leading network system integrator, NTS provides an extensive range of IT solutions including network infrastructure solutions, systems migrations, technology relocations, hardware maintenance, managed print services, staff augmentation and product procurement; and 13-518 J J J 08/28/13 WHEREAS, in 2012, NTS contributed more than $11,600 in charitable contributions; and WHEREAS, NTS's employees work with Renew Crew, Virginia First Robotics competition, and Richmond Friends of the Homeless; and WHEREAS, NTS is very proud of the fact that they operate under business practices based upon international standards, having received both the 9001 and 20000 ISO certifications; and WHEREAS, NTS is being recognized for its innovative and problem-solving means for hiring non-I.T. skilled individuals who are then trained and groomed with the organization to develop a strong base of technical talent in the county. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 28th of August 2013, publicly .recognizes Networking Technologies and Support, Inc., expresses gratitude on behalf of the county for its many contributions to the county, and congratulates them on being the 2013 Innovation Impact Award winner. AND, BE IT FURTHER RESOLVED that a copy of this resolution be presented to NTS, and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Ayes: Jaeckle, Elswick, Holland and Gecker. Nays: None. Absent: Warren. Ms. Jaeckle presented the executed resolutions and engraved plates to the 2013 First Choice Business Award winners, congratulated them on their achievements, and expressed appreciation for their civic engagement in the county. Each of the award recipients introduced themselves and expressed their appreciation to the Board for the special recognition. 5.C.6. HOLIDAY INN KOGER CONFERENCE CENTER, THE 2013 FIRST CHOICE BUSINESS OF THE YEAR AWARD WINNER Mr. Davis introduced Mr. Vernon Laprade, Ms. Barbara Laprade, Mr. Mike Watkins,.Ms. Denise Watkins, Ms. Tina Bell, Mr. James Romaine and Ms. Dianne Person, who were all present to receive the resolution. On motion of Mr. Holland, seconded by Mr. Gecker, the Board adopted the following resolution: WHEREAS, the Chesterfield County Board of Supervisors and Chesterfield County Economic Development established a Business Awards Program to recognize existing businesses within the county that contribute to the county's economy and its citizens; and WHEREAS, Holiday Inn Koger Conference Center is located on Koger Center Boulevard and has 26,000 square feet of meeting space and 237 newly renovated guestrooms; and 13-519 08/28/13 WHEREAS, the Holiday Inn Koger Conference Center has contributed positively to the community by providing sponsorships and gifts to numerous charity events, including GIVE THE KIDS THE WORLD, Chesterfield Angel Tree, Breast Cancer Awareness, Muscular Dystrophy Association, Richmond Animal League, Bandit's Adoption and Rescue of K-9s, sporting events and golf tournaments; and WHEREAS, the Koger Center has hosted weekly Rotary Club meetings and hosted the Midlothian Rotary Car Party Gala, which raised more than $50,000 for local charities; and WHEREAS, Holiday Inn Koger Center has hosted business groups and organizations like the Greater Southport Business Association, Virginia Society of Association Executives, Convention and Visitor's Bureau, and Chesterfield County's Business Appreciation event; and WHEREAS, the staff at Holiday Inn Koger Center is a valued asset to the overall success of the business; and WHEREAS, Mr. Laprade has made his staff a part of his family, staff turnover is almost non-existent and two-thirds of the hotel management staff has been employed by the hotel for 15-20 years. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 28th day of August 2013, publicly recognizes Holiday Inn Koger Conference Center, expresses gratitude on behalf of the county for its 26 years of conducting business in the county and its many community contributions to the county, and congratulates them on being named the 2013 First Choice Business of the Year. AND, BE IT FURTHER RESOLVED that a copy of this resolution be presented to Holiday Inn Koger Conference Center, now a DoubleTree by Hilton, and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Ayes: Jaeckle, Elswick, Holland and Gecker. Nays: None. Absent: Warren. Board members presented the executed resolution and engraved plate to the recipients, congratulated them on winning the Business of the Year Award, and expressed appreciation for their civic engagement in the county. 6. WORK SESSIONS 6.A. REPORT ON CASH PROFFER POLICY Mr. Carmody stated on May 22, 2013, the Board of Supervisors held a work session on cash proffers and asked staff to make recommendations on several topics. He further stated the purpose of the work session is to provide an overview/recommendations on two of the topics: cash proffer payment amounts relative to the maximum cash proffer; and differentiation in the maximum cash proffer based on housing type. He stated staff recommends that the Board consider amending the cash proffer policy to limit the per dwelling unit cash proffer amount to not exceed the maximum cash proffer in place at the time the payment is made. He further stated the method for implementing this policy change varies for new cases and previously approved cases. He stated for new cases, staff has prepared recommended cash proffer 13-520 J J J 08/28/13 language that can be suggested to zoning applicants upon approval of the recommendation. He further stated the choice to submit such language remains the choice of zoning applicants. He stated for previously approved cases, staff recommends that the decision to amend conditions of zoning be left to the individual property owners who can bring a zoning amendment forward under the current zoning process. He noted other methods for amending the cash proffer condition will be presented in the work session. He stated staff recommends that the Board take no action at this time relative to differentiation in the maximum cash proffer based on housing type. He further stated the Comprehensive Plan identifies a variety of objectives such as revitalization, standards of quality for development and locational criteria for various housing types, including multi-family projects. He stated factors impacting the calculations are also still under review. He further stated staff recommends that differentiating cash proffer amounts by housing types be reevaluated once the above mentioned objectives are further defined. In response to Mr. Decker's questions relative to suggested language for new zoning cases, Mr. Mincks stated on an existing case, without setting a maximum cash proffer, an accumulation would be accrued under the existing system, unless the General Assembly prohibited that action. He further stated at the time of payment for a specific dwelling unit, the applicant would pay to the county the lesser of the amount established as the maximum cash proffer in place in the county's then-current proffer policy. He stated staff could recommend for the cases going forward some other component of the cash proffer calculation that would replace the transportation component and set a separate maximum cash proffer on existing cases that does not have the same consideration. Mr. Decker stated the Board should consider a policy that looks to locational criteria for various housing types, pull out the transportation piece, require transportation to be in place and provide for the other proffers. He expressed concerns with the proposed language eliminating flexibility for a short-term gain in terms of what is being limited by the Marshall and Swift Building Cost index or the maximum cash proffer in any given year. He stated all of the Board members have indicated some discontent with the system that is currently in place. He expressed concerns with the proposed language restricting future Board of Supervisors from adopting a simpler proffer policy that might be beneficial, both to the development community and to the county in terms of enforcing an orderly growth pattern relative to implementing the Comprehensive Plan. He stated he has no objection for a reasonable period of time to cap the Marshall and Swift inflator at whatever the current years' maximum proffer is, but suggested a period of time for which the proffer amount would be constant. He further stated if the suggested system is put into place, no disincentive is provided to continue to land bank. He stated he believes the development community deserves to have a fixed amount for the period of time it takes to roll through the process. Mr. Carmody stated a vote is not required today and the work session was scheduled at the Board's request, to provide information relative to the cash proffer policy and proposed revisions. He noted the vote lies with the pleasure of the Board. 13-521 08/28/13 Mr. Holland expressed concerns relative to current zoning amendment fees. In response to Mr. Holland's concern, Mr. Carmady stated the current zoning amendment fee of $1,500 is in place today to allow a property owner to come forward and amend a condition in an already approved case. Ms. Jaeckle stated an applicant who had more infill would benefit greatly from a reduction in fees. In response to Mr. Elswick's question, Mr. Mincks stated the Board has an option of fixing the proffer amount within a specific timeframe. He requested that the policy reflect a particular goal set forth by the Board. Mr. Elswick recommended giving staff additional time to prepare data relative to Board member requests. In response to Ms. Jaeckle's question, Mr. Carmody stated FY2014 is the fifth year the maximum of $18, 966 per dwelling unit has been established. He further stated there is an automatic escalator in the policy for previously approved cases that moves those cases with the Marshall and Swift Building Cost index. In response to Mr. calculated cost i index, but related In response to Ms. Marshall and Swift only. Gecker's question, Mr. Carmody stated the s not related to the Marshall and Swift to other factors. Jaeckle's question, Mr. Carmody stated the index applies to previously approved cases Ms. Jaeckle stated the Board's intentions were to keep the rate at $18,966 because of the economic conditions at the time. Discussion ensued relative to the reasoning behind keeping the rate amount of proffers constant in previous years. Ms. Jaeckle expressed concerns relative to language allowing for escalation based on the Marshall and Swift Building Cost Index. Mr. Gecker stated the drafted policy language made by an applicant, when approved, moves outside of the policy and becomes part of the ordinance, which then becomes the law of that particular case. He further stated the policy can be changed, but a different standard is implemented by the ordinance that the Board may not want to keep going forward. He noted the development community received a significant break from the proffers, in terms of timing of payment. Mr. Holland concurred with Mr. Gecker's comments. He stated the issue at hand is whether or not to act on the policy or review it, so it does not become a law in the future. He further stated he believes there should be some consistency in regards to fixing the proffer amount within a specific timeframe. He stated some areas that need to be addressed include the transportation aspect of the policy, affordable housing and revitalization in areas of the county. J J J 13-522 08/28/13 In regards to Mr. Holland's question, Mr. Stegmaier stated the current policy allows a great deal of flexibility and many issues have been addressed from time to time on specific cases. He further stated there are some cases in which an individual applicant has capped the cost at the proffer amount and also has the flexibility of reducing the cash proffer by doing additional road improvements beyond what would normally be required. He stated the Board has struggled with the proffer policy over the last twenty years and sometimes the precedent-setting case ends up defining the policy. Mr. Decker stated the Board still has the flexibility to handle any type of case that comes forward; however, there has been some downside to having moored different types of proffer statements in cases. He further stated it would be helpful to reach agreement on what would be acceptable going forward for the development community to have some understanding of what is expected coming through the system. He suggested setting a date to reach resolution of the issue with consensus of the Board. He expressed concerns with the unintended consequences of the suggested language. Ms. Jaeckle stated she was under the impression that staff would present information to the Board relative to the cash proffer amount for amended cases. Mr. Decker stated there was not a consensus around the mechanics of capping the proffer amount. Mr. Holland expressed concerns with the rezoning fee and stated the Board needs more analysis relative to excessive fees. He noted he is opposed to land banking. Mr. Elswick inquired how the County Administrator would direct staff to make recommendations on policy items. He stated staff needs to check models relative to assumptions that were made in the past and see if those components are relevant today. Mr. Decker stated he does not believe capping the Marshall and Swift element should be held up. He further stated the Board has almost self-regulated the vagaries of the transportation proffer. He stated if you looked at the historic ratio between the calculated cost and the proffer amount, it was steady during those years when state funding was stable. He further stated as state funding fluctuated, it was at that point that the Board deviated more largely from the calculated amount to set the maximum proffer. He stated if the Board decided to keep proffers long-term, there needs to be an understanding of what data might have changed. Mr. Holland noted the Board does not have the benefit of Mr. Warren's input due to his absence. Mr. Decker recommended directing staff to prepare language relative to a timeframe cap on the proffer and the Marshall and Swift inflator, as well as, some cleaned up language about what happens in the event the system either disappears or substantially is changed to remove one or more of the components. 13-523 08/28/13 Mr. Carmody stated there was a tiered structure when the program was put in place. He further stated he believes Mr. Gecker's request is achievable, with some simple language to accomplish the desired goal. He stated the broader calculation methodology is something that needs to be examined. In response to Mr. Elswick's question, Mr. Stegmaier stated staff can be directed to prepare language relative to a timeframe cap on the proffer that should be easily attainable within 30 days. He further stated staff will work with Board members to go back over details of assumptions and the logic behind those assumptions. He stated when those assumptions are determined, alternatives can be generated if changes are requested; however, that could be a long-term project that can be presented at the May 2014 regularly scheduled meeting. He further stated staff would need to meet with Board members to have a clear understanding before drafting language in the event the system disappears or changes to remove one or more components. In response to Mr. Stegmaier's question, Mr. Gecker stated a proffer total should be held constant for a specific amount of time, after that time the proffer amount is escalated from the date of zoning by the Marshall and Swift index cumulatively. He noted he does not believe staff should do individual case analysis of the numbers. He stated there are specific transportation-related criteria that would be beneficial to the policy. Discussion ensued relative to transportation-related criteria on a case-by-case basis. In response to Mr. Holland's question relative to expectations, Mr. Stegmaier stated staff can provide a simple change to the language relative to a timeframe cap on the proffer at the next regularly scheduled meeting. He further stated staff recommended that differentiating cash proffer amounts by housing types be reevaluated once revitalization, standards of quality for development and locational criteria for various housing types are further defined. Mr. Holland stated he is not willing to have differentiation in the maximum cash proffer based on housing types stand alone, but rather look at it in its entirety. In response to Mr. Elswick's question, Mr. Carmody stated staff will work with Planning and report back to the Board with a timeframe for providing additional cash proffer details relative to multifamily in coordination with the Comprehensive Plan implementation. Mr. Stegmaier stated the issue is critically integrated with recommendations that are coming forward on the implementation of the Comprehensive Plan. In response to Mr. Elswick's question, Mr. Turner stated two cases have been advanced forward from the Planning Commission which will come before the Board at the September meeting. He further stated there are ten cash proffer cases that include mixed-use development. Mr. Carmody noted staff will continue to evaluate cases independently and make the best recommendation. He stated he does not believe the need for change shuts down business activity and an applicant's desire to bring a case forward and staff's ability to professionally evaluate the case. 13-524 J J J 08/28/13 7. DEFERRED ITEMS 7.A. CONSIDERATION OF AN APPLICATION FOR THE DEMOLITION OF A DESIGNATED HISTORIC STRUCTURE, THE CLARKE RESIDENCE, LOCATED ON CENTRALIA ROAD Mr. Turner stated the applicant has withdrawn the request to demolish the Clarke Residence. On motion of Ms. Jaeckle, seconded by Mr. Gecker, the Board acknowledged the withdrawal. Ayes: Jaeckle, Nays: None. Absent: Warren. 8. NEW BUSINESS Elswick, Holland and Gecker. 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 Youth Services Citizen Board, Towing Advisory Board and the Health Center Commission. Ayes: Jaeckle, Elswick, Holland and Gecker. Nays: None. Absent: Warren. 8.A.1. YOUTH SERVICES CITIZEN BOARD On motion of Mr. Holland, seconded by Mr. Gecker, the Board simultaneously nominated/appointed/reappointed the following students to the Youth Services Citizen Board, whose terms are effective September 1, 2013 through June 30, 2014: Ms. Molly Parker Ms. Keymonta Dennis Ms. Sydney Jackson Mr. Samuel St. Hill Mr. Bryce Badura Mr. Blake Mogel Ms. Lynsey Hill Ms. Juliana Hybner Mr. Noe Gonzalez Ms. Reaushon Gilbert Ms. Kamryn Pointer Ms. Anna Catherine Hilton Ms. Tatijana Zamora Mr. Aaren Davis Ms. Kasi Farmer Mr. Noel Pena Ms. Lauren Martin Mr. Robert Cross Ms. Haley Randall Mr. Noah Clarke Ms. Mackenzie Neal Bermuda District Bermuda District Clover Hill District Clover Hill District Clover Hill District Clover Hill District Dale District Dale District Dale District Dale District Matoaca District Matoaca District Matoaca District Matoaca District Matoaca District Mataoca District Midlothian District Midlothian District Midlothian District Midlothian District At-Large Representative And, further, the Board simultaneously nominated/appointed Ms. Alesia Meredith, adult representative from the Matoaca District and Ms. Michelle Beavers from the Midlothian District to the Youth Citizen Services Citizen Board, whose term is effective September 1, 2013 through June 30, 2016. Ayes: Jaeckle, Elswick, Holland and Gecker. Nays: None. Absent: Warren. 13-525 08/28/13 8.A.2. TOWING ADVISORY BOARD On motion of Mr. Holland, seconded by Mr. Gecker, the Board simultaneously nominated/appointed Mr. Anthony Purcell to serve on the Towing Advisory Board at the pleasure of the Board. Ayes: Jaeckle, Elswick, Holland and Gecker. Nays: None. Absent: Warren. 8.A.3. HEALTH CENTER COMMISSION On motion of Mr. Holland, seconded by Mr. Gecker, the Board simultaneously nominated/appointed/reappointed Ms. Tracy Kemp Stallings and Mr. James Copp to serve on the Health Center Commission, whose terms are effective immediately and will expire on June 30, 2017. Ayes: Jaeckle, Elswick, Holland and Gecker. Nays: None. Absent: Warren. 8.B. CONSENT ITEMS 8.B.1. ADOPTION OF RESOLUTIONS 8.B.l.a. RECOGNIZING COUNTY EMPLOYEES UPON THEIR RETIREMENT' 8.B.l.a.l. MRS. EVELYN N. STEWART, COMMONWEALTH ATTORNEY'S OFFICE On motion of Mr. Holland, seconded by Mr. Gecker, the Board adopted the following resolution: WHEREAS, Mrs. Evelyn N. Stewart retired from the Chesterfield County Commonwealth Attorney's Office on July 1, 2013, after providing 28 years of dedicated and professional service to the citizens of Chesterfield County; and WHEREAS, Mrs. Stewart began her career in August 1985, in the county's Transportation Department; and WHEREAS, Mrs. Stewart transferred to the Commonwealth Attorney's Office as a Legal Secretary in August 1989; and WHEREAS, Mrs. Stewart has faithfully served the county in the capacity of Legal Secretary; and WHEREAS, during her tenure, Mrs. Stewart provided assistance to the staff attorneys, police department, probation and parole, and the courts staff; and WHEREAS, Mrs. Stewart has received numerous letters of commendation, thanks and appreciation during her career from the citizens of Chesterfield County for service rendered; and WHEREAS, Mrs. Stewart was a member of the General District Court Team; and WHEREAS, Mrs. Stewart's great personality and bright, sunny disposition made her a nice co-worker who was admired by staff; and J J J 13-526 08/28/13 WHEREAS, Mrs. Stewart has provided the Chesterfield County Commonwealth Attorney's Office with many years of loyal and dedicated service; and WHEREAS, Chesterfield County and the Board of Supervisors will miss Mrs. Stewart's diligent service. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes Mrs. Evelyn N. Stewart, and extends on behalf of its members and the citizens of Chesterfield County, appreciation for her service to the county, congratulations upon her retirement, and best wishes for a long and happy retirement. Ayes: Jaeckle, Elswick, Holland and Gecker. Nays: None. Absent: Warren. 8.B.1.a.2. DEPUTY VICKIE A. TAYLOR, SHERIFF'S OFFICE On motion of Mr. Holland, seconded by Mr. Gecker, the Board adopted the following resolution: WHEREAS, Ms. Vickie A. Taylor has faithfully served Chesterfield County for 25 years; and WHEREAS, Ms. Taylor was hired on May 16, 1988, and was assigned to the correctional facility; and WHEREAS, Deputy Taylor was transferred in September 1993 and demonstrated her versatility, skill and strong work ethic in multiple assignments in the Court Services section of the department; and WHEREAS, Deputy Taylor was selected as Employee of the Quarter in April 2001; and WHEREAS, Deputy Taylor was transferred to the Classification Unit in June 2004, where she worked diligently and assisted in transitioning the Classification Unit from sworn to civilian personnel, receiving a Unit Citation for her hard work and efforts; and WHEREAS, Deputy Taylor was transferred in September of 2012 to the Transportation Unit where she continued to demonstrate her knowledge and skills until her retirement date; and WHEREAS, Deputy Taylor served on the Sheriff's Office Weapons Process Action Team that led the conversion of the department from revolvers to the semi-automatic pistols; and WHEREAS, Deputy Taylor received numerous letters of appreciation and commendation for her dedication and service to the employees and citizens of Chesterfield County. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes the outstanding contributions of Deputy Vickie Taylor, 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, Holland and Gecker. Nays: None. Absent: Warren. 13-527 08/28/13 8.B.1.a.3. MR. JAMES C. JONES, FIREFIGHTER III, FIRE AND EMERGENCY MEDICAL SERVICES DEPARTMENT On motion of Mr. Holland, seconded by Mr. Gecker, the Board adopted the following resolution: WHEREAS, James C. Jones, Firefighter III, will retire from the Chesterfield Fire and Emergency Medical Services Department, Chesterfield County, on September 1, 2013; and WHEREAS, Firefighter Jones was hired on January 2, 1985, attended Recruit School #16 in 1986, and has faithfully served the county for more than 28 years in various assignments; as a firefighter at the Dutch Gap, Ettrick, Clover Hill, Buford and Bensley Fire and EMS Stations; and WHEREAS, Firefighter Jones earned a position as firefighter specialist under the Career Development Program in March 2002; and WHEREAS, Firefighter Jones completed the requirements for and was granted a position as a member of the Chesterfield Fire and EMS Technical Rescue Team, as well as a member of the Central Virginia Division 1 Technical Rescue Team in 2006; and WHEREAS, Firefighter Jones was recognized with a Unit Citation for his exceptional skills and teamwork efforts displayed on-scene in September 1993, at a vehicle accident that resulted in a Master Trooper and a Patrolman being trapped in a vehicle underneath the back of a commercial dumpster carrier; and WHEREAS, Firefighter Jones was recognized with an EMS Lifesave Award for saving the life of a newborn baby in November 2000; and WHEREAS, Firefighter Jones was recognized with EMS Unit Citations while assisting in saving a patient's life who had suffered an accidental self-inflicted knife wound in January 2004; and for assisting in patient care to a citizen in cardiac arrest in May 2008; and WHEREAS, Firefighter Jones was recognized with a Unit Citation for his teamwork efforts and technical expertise displayed at a motor vehicle crash involving entrapment in July 2008, resulting in a successful extrication. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes the contributions of James C. Jones, Firefighter III, expresses the appreciation of all residents for his service to the county, and extends appreciation for his dedicated service and congratulations upon his retirement. Ayes: Jaeckle, Elswick, Holland and Gecker. Nays: None. Absent: Warren. J J J 13-528 08/28/13 8.B.1.a.4. MR. WAYNE A. MOSBY, GENERAL SERVICES, FLEET MANAGEMENT DIVISION On motion of Mr. Holland, seconded by Mr. Gecker, the Board adopted the following resolution: WHEREAS, Mr. Wayne A. Mosby joined Chesterfield County Pupil Transportation on August 8, 1978, as a Class 1 Mechanic at the Courthouse Bus Shop; and WHEREAS, in 1980, Mr. Mosby obtained his Virginia State Inspectors License and was promoted to Senior School Bus Mechanic; and WHEREAS, in 1992, when fleet consolidation took place, Mr. Mosby became an employee of the Department of General Services, still serving as a school bus technician; and WHEREAS, Mr. Mosby has seen the county's school bus fleet grow to more than 600 buses; and WHEREAS, Mr. Mosby has been instrumental in maintaining an average daily school bus availability rate of 97 percent; and WHEREAS, Mr. Mosby tutored and mentored his co-workers to become the best in their field; and WHEREAS, Mr. Mosby provided after-hours service and roadside assistance to the Chesterfield County Pupil Transportation Department for 35 years, responding quickly and repairing school buses on the side of the road and at offsite locations to ensure the safe delivery of Chesterfield's school- age children; and WHEREAS, Mr. Mosby participated in the annual Special Olympics Program held at the University of Richmond, providing mechanical assistance when needed to over 30 Special Needs buses and drivers; and WHEREAS, Mr. Mosby is a technically qualified, highly competent technician, dedicated to providing world-class, consistently excellent customer service to Chesterfield County Government and Chesterfield County Public Schools, as well as to the public; and WHEREAS, Mr. Mosby 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 County Board of Supervisors recognizes the outstanding contributions of Mr. Wayne A. Mosby, 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. Ayes: Jaeckle, Elswick, Holland and Gecker. Nays: None. Absent: Warren. 13-529 08/28/13 8.B.1.a.5. MR. WILLIAM E. SLACK, JR., FIREFIGHTER III, FIRE AND EMERGENCY MEDICAL SERVICES DEPARTMENT On motion of Mr. Holland, seconded by Mr. Gecker, the Board adopted the following resolution: WHEREAS, Firefighter William E. Slack, Jr. will retire from the Chesterfield Fire and Emergency Medical Services Department, Chesterfield County, on November 1, 2013; and WHEREAS, Firefighter Slack attended Recruit School #21 in 1989, and has faithfully served the county for more than 24 years in various assignments as a firefighter at the Bensley, Dale, Clover Hill, Dutch Gap Fire and EMS Station, as well as a Flight Paramedic at Med-Flight; and WHEREAS, Firefighter Slack was deployed to South Carolina in 1989 to assist with recovery efforts following Hurricane Hugo; and WHEREAS, Firefighter Slack has been an Advanced Life Support Provider since 1994; and WHEREAS, Firefighter Slack has been a member of the Technical Rescue team since its inception in 1998; and WHEREAS, Firefighter Slack completed the requirements for and was designated as firefighter specialist in November 2008; and WHEREAS, Firefighter Slack was recognized with an EMS Unit Citation for the exemplary service provided on-scene of a head-on collision involving two vehicles in May 1999; and WHEREAS, Firefighter Slack was recognized with an EMS Unit Citation and EMS Lifesave Award for saving the life of a young child in April 2002; and WHEREAS, Firefighter Slack was recognized with an EMS Unit Citation for the exceptional patient care initiated to a patient who suffered a near fatal gunshot wound in January 2004; and WHEREAS, Firefighter Slack was recognized with an EMS Unit Citation for his teamwork and extensive efforts when his team responded to an accident involving a vehicle hitting a tree in February 2005; and WHEREAS, Firefighter Slack was recognized with an EMS Unit Citation when he assisted in the treatment of a patient with a severe stab wound in October 2009; and WHEREAS, Firefighter Slack also has received numerous letters of thanks from the citizens of Chesterfield County. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes the contributions of William E. Slack, Jr., Firefighter III, expresses the appreciation of all residents for his service to the county, and extends appreciation for his dedicated service and congratulations upon his retirement. Ayes: Jaeckle, Elswick, Holland and Gecker. Nays: None. Absent: Warren. 13-530 J J J 08/28/13 8.B.i.a.6. THE LATE MR. RICHARD D. MEADOWS, GENERAL SERVICES, FLEET MANAGEMENT DIVISION On motion of Mr. Holland, seconded by Mr. Gecker, the Board adopted the following resolution: WHEREAS, Mr. Richard D. Meadows was hired by Chesterfield County, Virginia, on October 9, 1978, as a Class 1 Mechanic for Pupil Transportation at the Courthouse Bus Maintenance Facility; and WHEREAS, Mr. Meadows obtained his Virginia State Inspector's License and was promoted to Senior School Bus Mechanic; and WHEREAS, in 1992, Mr. Meadows became an employee of the Department of General Services during the Fleet consolidation; and WHEREAS, Mr. Meadows provided after-hours service and roadside assistance t_o the Chesterfield County Pupil Transportation Department during his tenure as a School Bus Technician, responding and repairing school buses on the side of the road and at offsite locations, to ensure the safe delivery of Chesterfield County's school children; and WHEREAS, in 2001, Mr. Meadows graduated from the Total Quality Improvement (TQI) University and the Employee Leadership Institute; and WHEREAS, in 2007, Mr. Meadows was promoted to Automotive Maintenance Supervisor of the Courthouse School Bus Maintenance Facility; and WHEREAS, Mr. Meadows saw the county's school bus fleet grow to more than 600 school buses; and WHEREAS, Mr. Meadows provided leadership and guidance to his staff in consistently maintaining a 97 percent daily school bus availability rate; and WHEREAS, Mr. Meadows was a dependable and reliable employee who performed his duties and responsibilities with competency and enthusiasm; and WHEREAS, Mr. Meadows was tactful, considerate and attentive to everyone he came in contact with and was commended for taking the time to deal with customers courteously, letting each one know they were important; and WHEREAS, Mr. Meadows was a steadying influence in a sometimes chaotic work environment; and WHEREAS, Mr. Meadows was highly regarded both within Fleet Management and by customers due to his work ethic and integrity, which was above reproach; and WHEREAS, Mr. Meadows 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. 13-531 08/28/13 NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes the outstanding contributions of Mr. Richard D. Meadows, expresses the appreciation of all residents for his service to Chesterfield County, and extends appreciation for his dedicated service to the county. Ayes: Jaeckle, Elswick, Holland and Gecker. Nays: None. Absent: Warren. 8.B.1.a.7. SERGEANT DAVID D. DERINGER, POLICE DEPARTMENT On motion of Mr. Holland, seconded by Mr. Gecker, the Board adopted the following resolution: WHEREAS, Sergeant David D. Deringer will retire from the Chesterfield County Police Department on September 1, 2013, after providing more than 26 years of dedicated and professional service to the citizens of Chesterfield County; and WHEREAS, Sergeant Deringer began his law enforcement career with the City of Richmond Police Department in 1984; and WHEREAS, Sergeant Deringer has faithfully served the county in the capacity of Patrol Officer, Crime Prevention Officer, and Sergeant; and WHEREAS, during his tenure, Sergeant Deringer has served as a Breathalyzer Operator, Evidence Technician, and General Instructor, and has served in various assignments, including Community Policing Sergeant and North District Administrative Sergeant; and WHEREAS, Sergeant Deringer received a Chief's Commendation for his diligent work while serving as a member of the Ettrick Task Force, which was highly successful in its goal of reducing drug activity and related disorderly conduct, and decreasing robberies in the area; and WHEREAS, Sergeant Deringer was the recipient of an Achievement Certificate for his outstanding efforts and dedication to his position as Crime Prevention Officer, whereby his individual efforts increased the overall effectiveness of the Chesterfield County Police Department, making the County of Chesterfield a safer place in which to live and work; and WHEREAS, Sergeant Deringer has served in leadership roles on numerous committees, including president of the Virginia Crime Prevention Association; Board of Directors member and secretary of the Central Virginia Crime Prevention Association; and Chairmen of the Towing Advisory Board, and he also served on several state legislative subcommittees to draft crime prevention legislation and assisted the Department of Criminal Justice Services Commission in developing the criteria for Crime Prevention Specialist; and J J J 13-532 08/28/13 WHEREAS, Sergeant Deringer was recognized with an Achievement Certificate for his dedicated and diligent work in the opening of the Meadowbrook/Meadowdale Community Policing Office, playing a pivotal role in the planning, fundraising and organization of the grand opening event; and WHEREAS, Sergeant Deringer has received numerous letters of commendation, thanks and appreciation during his career from the citizens of Chesterfield County for service rendered; and WHEREAS, Sergeant Deringer has provided the Chesterfield County Police Department with many years of loyal and dedicated service; and WHEREAS, Chesterfield County and the Board of Supervisors will miss Sergeant Deringer's diligent service. NOW, THEREFORE, BE IT RESOLVED, that the Chesterfield County Board of Supervisors recognizes Sergeant David D. Deringer, 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, Holland and Gecker. Nays: None. Absent: Warren. 8.B.i.a.8. MR. HENRY A. VEST, UTILITIES DEPARTMENT On motion of Mr. Holland, seconded by Mr. Gecker, the Board adopted the following resolution: WHEREAS, Mr. Henry A. Vest will retire from Chesterfield County Utilities Department on August 30, 2013; and WHEREAS, Mr. Vest began his public service with Chesterfield County on June 6, 1977, as a Senior County Maintenance Worker, then as a Senior Labor Crew Chief for the Chesterfield Utilities Department; and WHEREAS, Mr. Vest was promoted to the Principal Labor Crew Chief position on July 1, 2006, where he served faithfully until his retirement; and WHEREAS, the expertise developed by Mr. Vest during his tenure has enabled him to make significant contributions to the efficient operations of the wastewater collections system and particularly, wastewater pumping stations; and WHEREAS, Mr. Vest has been instrumental in assuring the wastewater pumping stations operated in a safe and efficient manner; and WHEREAS, Mr. Vest has willingly shared his knowledge and expertise with his colleagues to aid them in their growth and development; and 13-533 08/28/13 WHEREAS, Mr. Vest practiced protection of the environment throughout his entire career and played a significant role in providing safe, reliable and environmentally-sound wastewater service to utility customers; and WHEREAS, Mr. Vest has always served the citizens of Chesterfield County with a positive attitude and a focus on customer service, consistently achieving high customer satisfaction levels that reflect positively on Chesterfield County's workforce; and WHEREAS, Mr. Vest's likeable personality and willingness to share his knowledge has earned him the respect and admiration of his colleagues; and WHEREAS, throughout his career with Chesterfield County, Mr. Vest displayed character, aptitude, a positive attitude and the ability to effectively respond to emergency situations. NOW, THEREFORE BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes Mr. Henry A. Vest for his outstanding contributions, expresses the appreciation of all residents for his 36 years of dedicated service to the county, and wishes him the best for a long and happy retirement. Ayes: Jaeckle, Elswick, Holland and Gecker. Nays: None. Absent: Warren. 8.B.1.a.9. MR. LAWRENCE O. FRIEND, UTILITIES DEPARTMENT On motion of Mr. Holland, seconded by Mr. Gecker, the Board adopted the following resolution: WHEREAS, Mr. Lawrence O. Friend retired from the Chesterfield County Utilities Department on August 1, 2013; and WHEREAS, Mr. Friend began his public service with Chesterfield County on September 24, 1984, when he was hired by the Chesterfield Utilities Department as a Utility Worker; and WHEREAS, Mr. Friend was promoted to 'a Senior Labor Crew Chief on June 23, 1990, and was then promoted to a Utility Supervisor on February 19, 2000, where he has served faithfully until his retirement; and WHEREAS, Mr. Friend directed the day-to-day activities of crews responsible for the maintenance of more than 100,000 water meters and associated services; and WHEREAS, Mr. Friend was instrumental in the development of an efficient and effective Meter Maintenance Program, ensuring accurate metering of water usage by Chesterfield County water customers; and WHEREAS, Mr. Friend exhibited strong leadership skills and was focused on the continuous development of his co- workers; and J J 13-534 08/28/13 WHEREAS, Mr. Friend was focused on providing ~'o~1d-~~la~~i customer service, consistently meeting or exC~ediri~ ~u~tom expectations by assuring that all customers' neet~~ t~~r served in an expeditious, courteous and effective manri~r aft by taking full advantage of'every customer's request Cdr service as an opportunity to provide an excellent r~~panse; and L WHEREAS, Mr. Friend continuously utilized his experience and knowledge of the water distribution system throughout his career and played a significant role in providing safe and reliable water services to utility customers; and WHEREAS, Mr. Friend was highly respected and liked by his peers and coworkers; and WHEREAS, throughout his career with Chesterfield County, Mr. Friend displayed unparalleled dependability, aptitude, and good character and values. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes Mr. Lawrence O. Friend and extends on behalf of its members and citizens of Chesterfield County, appreciation for more than 28 years of exceptional service to the county. Ayes: Jaeckle, Elswick, Holland and Gecker. Nays: None. Absent: Warren. 8.B.l.b. RECOGNIZING AND EXPRESSING SUPPORT FOR THE POCAHONTAS STATE PARK MOUNTAIN BIKE TRAIL ENHANCEMENT PROJECT On motion of Mr. Holland, seconded by Mr. Gecker, the Board adopted the following resolution: WHEREAS, the Pocahontas State Park Mountain Bike Trail enhancement project will improve 20 existing miles of trails in Pocahontas State Park and build an additional 30 miles of "stacked looped" trails, providing options for riders with differing skill levels; and sector and numerous nonprofits; and WHEREAS, this partnership includes the City of Richmond, Chesterfield County, the Commonwealth of Virginia, the International Mountain Biking Association (IMBA), the private WHEREAS, this is a legacy project of the 2015 World Cycling Championships, offering a unique opportunity to introduce the Richmond Region to national and international audiences, including nearly 450,000 spectators; and WHEREAS, IMBA is recognized as the international leader in the mountain biking community and its ride centers featuring extensive trail networks are the organization's strongest endorsement of a trail experience, and further, the centers become travel destinations for mountain bikers from around the world; and 13-535 08/28/13 WHEREAS, with the combination of trails in the James River Park System and those existing and to be created at Pocahontas, the Richmond Region facility is expected to be among the most highly rated IMBA Ride Centers; and WHEREAS, according to a study conducted by Mangum Economic Consulting Inc., the improvements will generate 31 new jobs in Chesterfield County and 51 in the state, and will increase annual economic activity in Chesterfield County by $2.7 million and by $4.5 million in Virginia; and WHEREAS, studies in both this country and abroad show that if you provide easy access to trails, they will be used, and moreover, IMBA reports that for every dollar invested in trails, the community receives nearly $3 in direct medical benefit; and WHEREAS, bicycling, and mountain biking in particular, is part of a healthy lifestyle and Chesterfield County has as a high priority working together with partners to ensure a healthy community; and WHEREAS, there will be a complement of trails at Pocahontas accessible to bicyclists with disabilities, developed with consultation and coordination from the Mid Atlantic Chapter of the Paralyzed Veterans Association; and WHEREAS, the governor and General Assembly included $50,000 in this year's budget to serve as seed money to help get the ride center project started, and Dominion Foundation has contributed a $50,000 donation, matching the state's commitment, leaving $700,000 remaining to be raised. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Chesterfield County, Virginia, hereby acknowledges the importance of the Pocahontas State Park Mountain Bike Trail project and expresses support for this innovative initiative. Ayes: Jaeckle, Elswick, Holland and Gecker. Nays: None. Absent: Warren. 8.B.i.c. RECOGNIZING "NATIONAL NIGHT OUT" IN CHESTERFIELD COUNTY On motion of Mr. Holland, seconded by Mr. Gecker, the Board adopted the following resolution: WHEREAS, each year in August, communities across the nation band together to demonstrate their unity in the fight against crime; and WHEREAS, this show of solidarity by law-abiding citizens has been named "National Night Out"; and WHEREAS, the National Night Out event took place on August 6, 2013, as the 30th annual event of this type; and J J J 13-536 08/28/13 WHEREAS, this year's National Night Out campaign involved citizens, law enforcement agencies, civic groups, businesses, neighborhood organizations and local officials from 10,000 communities in 50 states, U.S. territories, Canadian cities and military bases worldwide; and ~. WHEREAS, National Night Out is designed to heighten crime- and drug-prevention awareness; and WHEREAS, this event also generates support for, and participation in, local anti-crime programs; and WHEREAS, National Night Out strengthens neighborhood spirit and the relationships between police and the communities; and WHEREAS, these events send a message to criminals that the communities are organized and fighting back against crime; and WHEREAS, Chesterfield County has as one of its strategic goals: "To be the safest and most secure community of its size"; and WHEREAS, National Night Out is an important component in the effort to achieve that goal. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors hereby recognizes "National Night Out" in Chesterfield County, Virginia; thanks police, the 108 neighborhoods and businesses and all others who joined to prevent crime; and all residents and businesses in Chesterfield County who turned on their porch lights and other exterior lights and gathered with friends and neighbors on August 6, 2013, to demonstrate their unity in the fight against crime. Ayes: Jaeckle, Elswick, Holland and Gecker. Nays: None. Absent: Warren. 8.B.2. AUTHORIZE THE RECEIPT AND APPROPRIATION OF FUNDS FROM THE 2013 COMMONWEALTH OF VIRGINIA, DEPARTMENT OF HEALTH - OFFICE OF EMERGENCY MEDICAL SERVICES, FINANCIAL ASSISTANCE FOR EMERGENCY MEDICAL SERVICES GRANT PROGRAM On motion of Mr. Holland, seconded by Mr. Gecker, the Board authorized the Fire and EMS Department to receive and appropriate $123,375.50 awarded to the department through the Rescue Squad Assistance Fund Grant Program, to purchase seven (7) Zoll Series, diagnostic 12-lead electrocardiogram/ defibrillators and four (4) Pro-XT Power Stretchers and authorized and transferred $123,375.50 in matching funds from the EMS Revenue Recovery fund. Ayes: Jaeckle, Elswick, Holland and Gecker. Nays: None. Absent: Warren. 13-537 08/28/13 8.B.3. REQUEST FOR MUSIC AND ENTERTAINMENT FESTIVAL PERMITS 8.B.3.a. FOR SAINT AUGUSTINE CATHOLIC CHURCH'S FESTIVAL On motion of Mr. Holland, seconded by Mr. Gecker, the Board granted a music and entertainment festival permit for St. Augustine Catholic Church's Festival to be held September 5, 6, 7 and 8, 2013 subject to the church obtaining, at least 24 hours before the beginning of the festival, all necessary permits from the Building Official for amusement rides and from the Health Department for food sold. Ayes: Jaeckle, Elswick, Holland and Gecker. Nays: None. Absent: Warren. 8.B.3.b. FOR CHESTERFEST On motion of Mr. Holland, seconded by Mr. Gecker, the Board approved an entertainment festival permit for ChesterFest to be held Saturday, September 28, 2013. Ayes: Jaeckle, Elswick, Holland and Gecker. Nays: None. Absent: Warren. 8.B.3.c. FOR CHESTER PRESBYTERIAN CHURCH'S OUTDOOR CONCERT On motion of Mr. Holland, seconded by Mr. Gecker, the Board approved a music festival permit for Chester Presbyterian Church's Outdoor Concert to be held on September 15, 2013. Ayes: Jaeckle, Elswick, Holland and Gecker. Nays: None. Absent: Warren. 8.B.3.d. FOR AMUSEMENT PROMOTIONS, INCORPORATED TO CONDUCT A CARNIVAL AT THE CHIPPENHAM SQUARE SHOPPING CENTER On motion of Mr. Holland, seconded by Mr. Gecker, the Board approved the request of Amusement Promotions, Inc., for an entertainment festival permit to conduct a Carnival at the Chippenham Square Shopping Center on September 12 through 22, 2013, subject to the conditions filed with the papers of this Board. Ayes: Jaeckle, Elswick, Holland and Gecker. Nays: None. Absent: Warren. 8.B.5. TRANSFER OF DISTRICT IMPROVEMENT FUNDS FROM THE BERMUDA DISTRICT IMPROVEMENT FUND TO THE POLICE DEPARTMENT FOR TRAFFIC CONTROL DURING THE CHESTER KIWANIS CLUB'S ANNUAL CHRISTMAS PARADE On motion of Mr. Holland, seconded by Mr. Gecker, the Board transferred $6,293 from the Bermuda District Improvement Fund to the Police Department for traffic control during the Chester Kiwanis Club's Annual Christmas Parade. Ayes: Jaeckle, Elswick, Holland and Gecker. Nays: None. Absent: Warren. J J J 13-538 08/28/13 8.B.6. AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT AND CONSTRUCTION CHANGE ORDERS FOR THE ROUTE 360 (WINTERPOCK ROAD TO WOODLAKE VILLAGE PARKWAY) WIDENING PROJECT On motion of Mr. Holland, seconded by Mr. Gecker, the Board authorized the award of a construction contract, up to $5.5 million, to the lowest responsive and responsible bidder for the Route 360 (Winterpock Road to Woodlake Village Parkway) Widening Project and authorized the County Administrator to execute construction change orders, up to $1 million, if necessary. Ayes: Jaeckle, Elswick, Holland and Gecker. Nays: None. Absent: Warren. 8.B.7. REQUEST FOR PERMIT FOR WOODLAKE COMMUNITY ASSOCIATION TO STAGE A FIREWORKS DISPLAY AT THE WOODLAKE PAVILION/AMPHITHEATER On motion of Mr. Holland, seconded by Mr. Gecker, the Board approved a permit for Woodlake Community Association to stage a fireworks display at the Woodlake Pavilion/Amphitheater on August 31, 2013, with a rain date of September 1, 2013. Ayes: Jaeckle, Elswick, Holland and Gecker. Nays: None. Absent: Warren. 8.B.8. REFER PROPOSED POLICY AMENDMENT RELATIVE TO ALTERNATIVE FINANCIAL INSTITUTIONS TO THE PLANNING COMMISSION FOR CONSIDERATION AND RECOMMENDATION On motion of Mr. Holland, seconded by Mr. Gecker, the Board referred a proposed policy amendment relative to Alternative Financial Institutions- to the Planning Commission for consideration and recommendation. Ayes: Jaeckle, Elswick, Holland and Gecker. Nays: None. Absent: Warren. 8.B.9. APPROVAL OF A MUTUAL AND AUTOMATIC AID AGREEMENT BETWEEN CHESTERFIELD COUNTY FIRE AND EMERGENCY MEDICAL SERVICES, POWHATAN COUNTY, POWHATAN RESCUE SQUAD AND POWHATAN FIRE DEPARTMENT On motion of Mr. Holland, seconded by Mr. Gecker, the Board authorized the County Administrator to execute a Mutual and Automatic Aid Agreement with Powhatan County, Powhatan Rescue Squad and Powhatan Fire Department. Ayes: Jaeckle, Elswick, Holland and Gecker. Nays: None. Absent: Warren. 13-539 08/28/13 8.8.10. APPROVAL OF LAND LEASE ASSIGNMENT FOR THE TOWER AT THE CHESTERFIELD AIRPORT TO EXELIS INCORPORATED On motion of Mr. Holland, seconded by Mr. Decker, the Board authorized the County Administrator to execute a lease assignment for the tower at the Chesterfield Airport to Exelis Incorporated. Ayes: Jaeckle, Elswick, Holland and Gecker. Nays: None. Absent: Warren. 8.8.11. APPROVAL OF PURCHASE OF THREE PARCELS OF LAND ALONG MIDLOTHIAN TURNPIKE On motion of Mr. Holland, seconded by Mr. Gecker, the Board approved the purchase of three parcels of land containing three acres, more or less, with improvements, from the Beatrice W. Venable Revocable Trust, and authorized the County Administrator to execute the contract and deed and appropriated and transferred funds as necessary. Ayes: Jaeckle, Elswick, Holland and Gecker. Nays: None. Absent: Warren. 8.8.12. AUTHORIZE THE COUNTY ADMINISTRATOR TO EXECUTE CHANGE ORDER NUMBER ONE FOR THE ETTRICK PARK ROAD AND PARKING LOT PROJECT On motion of Mr. Holland, seconded by Mr. Gecker, the Board authorized the County Administrator to execute Change Order Number One with Perkinson Construction LLC in the amount of $65,612.53 for Ettrick Park Road construction. Ayes: Jaeckle, Elswick, Holland and Decker. Nays: None. Absent: Warren. 8.8.13. STATE ROADS ACCEPTANCES On motion of Mr. Holland, seconded by Mr. Decker, the Board adopted the following resolution: WHEREAS, the street described below is shown on a plat recorded in the Clerk's Office of the Circuit Court of Chesterfield County; and WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised this Board the street meets the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation. NOW, THEREFORE, BE IT RESOLVED, that this Board requests the Virginia Department of Transportation to add the street described below to the secondary system of state highways, pursuant to Section 33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements. J J 13-540 08/28/13 AND, BE IT FURTHER RESOLVED, that this Board guarantees a clear and unrestricted right-of-way, as described, and any necessary easements for cuts, fills and drainage. AND, BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. Project/Subdivision: Chesdin Landing Section 6 Type Change to the Secondary System miles of State Highways: ~~Aitinn Reason for Change: New subdivision street Pursuant to Code of Virginia Statute: §33.1-229 Street Name and/or Route Number • Chesdin Landing Drive, State Route Number 5080 From: Chesdin Green Way, (Route 4496) To: The cul-de-sac, a distance of: 0.15 miles. Recordation Reference: Plat book 115, page 65 Right of Way width (feet) = 50 And, further, the Board adopted the following resolution: WHEREAS, the streets described below are shown on a plat recorded in the Clerk's Office of the Circuit Court of Chesterfield County; and WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised this Board the streets meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation. NOW, THEREFORE, BE IT RESOLVED, that this Board requests the Virginia Department of Transportation to add the streets described below to the secondary system of state highways, pursuant to Section 33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements. AND, BE IT FURTHER RESOLVED, that this Board guarantees a clear and unrestricted right-of-way, as described, and any necessary easements for cuts, fills and drainage. AND, BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. Project/Subdivision: Harvest Glen, a portion of Type Change to the Secondary System miles of State Highways: ~~~itinn Reason for Change: New subdivision street Pursuant to Code of Virginia Statute: X33.1-229 Street Name and/or Route Number • Lantern Way, State Route Number 7704 From: Kernal Court (Route 7705) To: Pumpkin Place (Route 7703), a distance of: 0.04 miles. Recordation Reference: Deed book 6994, page 313 Right of Way width (feet) = 45 13-541 08/28/13 • Kernel Court, State Route Number 7705 From: Lantern Way (Route 7704) To: End of Maintenance, a distance of: 0.05 miles. Recordation Reference: Deed book 6994, page 313 Right of Way width (feet) = 45 • Pumpkin Place, State Route Number 7703 From: Harvest Way (Route 7702) To: Lantern Way (Route 7704), a distance of: 0.07 miles. Recordation Reference: Deed book 6994, page 313 Right of Way width (feet) = 45 • Lantern Way, State Route Number 7704 From: Pumpkin Place (Route 7703) To: Kernel Court (Route 7705), a distance of: 0.08 miles. Recordation Reference: Deed book 6994, page 313 Right of Way width (feet) = 45 • Pumpkin Place, State Route Number 7703 From: Harvest Way (Route 7702) To: Lantern Way (Route 7704), a distance of: 0.22 miles. Recordation Reference: Deed book 6994, page 313 Right of Way width (feet) = 45 • Harvest Way, State Route Number 7702 From: Courthouse Road (Rt.653) To: .04 miles west of Courthouse Road (Route 653), a distance of: 0.04 miles. Recordation Reference: Deed book 6994, page 313 Right of Way width (feet) = 65 And, further, the Board adopted the following resolution: WHEREAS, the streets described below are shown on a plat recorded in the Clerk's Office of the Circuit Court of Chesterfield County; and WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised this Board the streets meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation. NOW, THEREFORE, BE IT RESOLVED, that this Board requests the Virginia Department of Transportation to add the streets described below to the secondary system of state highways, pursuant to Section 33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements. AND, BE IT FURTHER RESOLVED, that this Board guarantees a clear and unrestricted right-of-way, as described, and any necessary easements for cuts, fills and drainage. AND, BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. J J J 13-542 08/28/13 Project/Subdivision: Magnolia Green Section F Type Change to the Secondary System miles of State Highways: Addition Reason for Change: New subdivision street Pursuant to Code of Virginia Statute: §33.1-229 Street Name and/or Route Number • Golden Aster Terrace, State Route Number 7728 From: Golden Aster Drive, (Route 7727) To: Cul-de-Sac, a distance of: 0.02 miles. Recordation Reference: Plat book 206, page 66 Right of Way width (feet) = 40 • Golden Aster Terrace, State Route Number 7728 From: Golden Aster Drive, (Route 7727) To: Cul-de-Sac, a distance of: 0.03 miles. Recordation Reference: Plat book 206, page 66 Right of Way width (feet) = 40 • Golden Aster Drive, State Route Number 7727 From: Championship Crossing, (Route 7540) To: Golden Aster Terrace, a distance of: 0.18 miles. Recordation Reference: Plat book 206, page 66 Right of Way width (feet) = 45 And, further, the Board adopted the following resolution: WHEREAS, the streets described below are shown on a plat recorded in the Clerk's Office of the Circuit Court of Chesterfield County; and WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised this Board the streets meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation. NOW, THEREFORE, BE IT RESOLVED, that this Board requests the Virginia Department of Transportation to add the streets described below to the secondary system of state highways, pursuant to Section 33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements. AND, BE IT FURTHER RESOLVED, that this Board guarantees a clear and unrestricted right-of-way, as described, and any necessary easements for cuts, fills and drainage. AND, BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. Project/Subdivision: Queens Grant at Riverdowns Section 6 Tvoe Change to the Secondary Syste miles miles of State Highways: Addition Reason for Change: New subdivision street Pursuant to Code of Virginia Statute: §33.1-229 Street Name and/or Route Number 13-543 08/28/13 • Royal Crest Drive, State Route Number 5759 From: Old Fort Drive (Route 7725) To: 0.04 miles west to Royal Crest Drive (Route 5759), a distance of: 0.04 miles. Recordation Reference: Plat book 202, page 73 Right of Way width (feet) = 40 • Old Fort Place, State Route Number 7726 From: Old Fort Drive (Route 7725) To: Cul-de-Sac, a distance of: 0.10 miles. Recordation Reference: Plat book 202, page 73Right of Way width (feet) = 40 • Royal Crest Drive, State Route Number 5759 From: 0.03 miles west of Queens Grant Drive (Route 5758) To: Royal Crest Court (Route 7724), a distance of: 0.08 miles. Recordation Reference: Plat book 202, page 73Right of Way width ( feet) = 50 • Old Fort Drive, State Route Number 7725 From: Old Fort Place (Route 7726) To: Cul-de-Sac, a distance of: 0.09 miles. Recordation Reference: Plat book 202, page 73 Right of Way width (feet) = 40 • Royal Crest Drive, State Route Number 5759 From: Royal Crest Court (Route 7724) To: Old Fort Drive (Route 7725), a distance of: 0.13 miles. Recordation Reference: Plat book 202, page 73 Right of Way width (feet) = 40 • Old Fort Drive, State Route Number 7725 From: Royal Crest Drive (Route 5759) To: Old Fort Place (Route 7726), a distance of: 0.06 miles. Recordation Reference: Plat book 202, page 73 Right of Way width (feet) = 40 • Royal Crest Court, State Route Number 7724 From: Royal Crest Drive (Route 5759) To: Cul-de-Sac, a distance of: 0.14 miles. Recordation Reference: Plat book 202, page 73 Right of Way width (feet) = 40 And, further, the Board adopted the following resolution: WHEREAS, the streets described below are shown on a plat recorded in the Clerk's Office of the Circuit Court of Chesterfield County; and WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised this Board the streets meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation. NOW, THEREFORE, BE IT RESOLVED, that this Board requests the Virginia Department of Transportation to add the streets described below to the secondary system of state highways, pursuant to Section 33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements. J J 13-544 08/28/13 AND, BE IT FURTHER RESOLVED, that this Board guarantees a clear and unrestricted right-of-way, as described, and any necessary easements for cuts, fills and drainage. ~. AND, BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. AND, BE IT FURTHER RESOLVED, this Board hereby warrants the subject street to be free of faulty workmanship and materials and agrees to reimburse the Virginia Department of Transportation for any cost it incurs in the repair of faults corrected during the period of one year from this date, provided such faults are due to faulty workmanship or a failure of materials, paying such sum within 45 days of receiving an invoice for the same from said Department. Project/Subdivision: Kelly Green Drive Type Change to the Secondary System miles of State Highways: Addition Reason for Change: New subdivision street Pursuant to Code of Virginia Statute: §33.1-229 Street Name and/or Route Number • Kelly Green Drive, State Route Number 7675 From: 0.10 miles south of Genito Road (Route 604) To: 0.19 miles south of Genito Road (Route 604), of: 0.09 miles. Recordation Reference: Deed book 8190, page 467 Right of Way width (feet) = Variable • Kelly Green Drive, State Route Number 7675 From: 0.19 miles south of Genito Road (Route 604) To: 0.36 miles south of Genito Road (Route 604), of: 0.17 miles. Recordation Reference: Deed book 8190, page 467 Right of way width (feet) = Variable a distance a distance • Kelly Green Drive, State Route Number 7675 From: 0.59 miles south of Genito Road (Route 604) To: Old Hundred Road (Route 754), a distance of: 0.05 miles. Recordation Reference: Deed book 8190, page 467 Right of Way width (feet) = Variable • Kelly Green Drive, State Route Number 7675 From: 0.36 miles south of Genito Road (Route 604) To: 0.59 miles south of Genito Road (Route 604), of: 0.23 miles. Recordation Reference: Deed book 8190, page 467 Right of Way width (feet) = Variable • Kelly Green Drive, State Route Number 7675 From: (Route 604) Genito Road To: 0.10 miles south of Genito Road (Route 604), of: 0.10 miles. Recordation Reference: Deed book 8190, page 467 Right of Way width (feet) = Variable Ayes: Jaeckle, Elswick, Holland and Gecker. Nays: None. Absent: Warren. 13-545 a distance a distance 08/28/13 8.B.14. APPROPRIATION OF FUNDS AND AUTHORIZATION TO PROCEED WITH THE ROBIOUS ROAD PAVED SHOULDER PROJECT On motion of Mr. Holland, seconded by Mr. Decker, the Board authorized the County Administrator to enter into the customary VDOT/County agreements/contracts, permits/ mitigation agreements and surety agreements, acceptable to the County Attorney for the Robious Road Paved Shoulder Project; appropriated $500,000 in anticipated VDOT reimbursements; authorized the County Administrator to proceed with the design and right-of-way acquisition, including advertisement of an eminent domain public hearing if necessary; authorized the Chairman of the Board of Supervisors and County Administrator to execute easement agreements for relocation of utilities; authorized the County Administrator to proceed with the advertisement of a construction contract for the project; authorized award of the construction contract, up to $400,000, to the lowest responsive and responsible bidder; and authorized the County Administrator to execute all necessary change orders for the work, up to the full amount budgeted for the project. Ayes: Jaeckle, Elswick, Holland and Gecker. Nays: None. Absent: Warren. 8.B.15. TRANSFER OF ROAD CASH PROFFER FUNDS AND AUTHORIZATION TO PROCEED WITH THE SPRING RUN ROAD AT HENSLEY ROAD INTERSECTION IMPROVEMENT PROJECT On motion of Mr. Holland, seconded by Mr. Gecker, the Board transferred $200,000 in road cash proffers from the completed Spring Run Road (Triple Crown Drive to Royal Birkdale Boulevard) project to the Spring Run Road at Hensley Road Intersection Improvement Project; authorized the County Administrator to enter into the customary VDOT/County agreements/contracts, permits/mitigation agreements and surety agreements, acceptable to the County Attorney; authorized the Chairman of the Board of Supervisors and County Administrator to execute easement agreements for relocation of utilities; authorized the advertisement and award of a construction contract, up to $150,000, to the lowest responsive and responsible bidder; and authorized the County Administrator to approve change orders up to the full amount available within the project. Ayes: Jaeckle, Elswick, Holland and Decker. Nays: None. Absent: Warren. 8.B.16. APPROPRIATION OF FUNDS FROM THE HENRICUS FOUNDATION TO THE PARKS AND RECREATION DEPARTMENT AND AWARD OF CONTRACT FOR THE CONSTRUCTION OF THE 1611 REPLICA HISTORIC CHURCH AND MEETING HALL AT HENRICUS HISTORICAL PARK On motion of Mr. Holland, seconded by Mr. Decker, the Board authorized the County Administrator to appropriate $187,000 of funding from the Henricus Foundation to the Parks and Recreation Department for the construction of the 1611 Replica Historic Church and Meeting Hall and to award a $759,000 construction contract to Daniel and Company, Inc., subject to receipt of funds from the foundation. Ayes: Jaeckle, Elswick, Holland and Decker. Nays: None. Absent: Warren. J J J 13-546 08/28/13 8.B.17. AUTHORIZATION FOR THE COUNTY ADMINISTRATOR TO EXECUTE THE SPECIAL PROJECT SERVICE AGREEMENT FOR DEBRIS PROCESSING AND REMOVAL SERVICES THROUGH THE CENTRAL VIRGINIA WASTE MANAGEMENT AUTHORITY On motion of Mr. Holland, seconded by Mr. Gecker, the Board authorized the County Administrator to sign the Special Project Service Agreement with the Central Virginia Waste Management Authority for debris processing and removal services. Ayes: Jaeckle, Elswick, Holland and Gecker. Nays: None. Absent: Warren. 8.B.18. ACCEPTANCE OF PARCELS OF LAND 8.B.18.a. EAST OF MAGNOLIA GREEN PARKWAY FROM 6801 WOOLRIDGE ROAD-MOSELEY, LP ~. On motion of Mr. Holland, seconded by Mr. Gecker, the Board accepted the conveyance of a parcel of land containing 1.960 acres east of Magnolia Green Parkway from 6801 Woolridge Road-Moseley, LP, 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, Holland and Gecker. Nays: None. Absent: Warren. 8.B.18.b. ALONG BELLWOOD ROAD FROM BELLWOOD PROPERTIES, LLC On motion of Mr. Holland, seconded by Mr. Gecker, the Board accepted the conveyance of a parcel of land containing 0.0369 acres along Bellwood Road from Bellwood Properties, LLC, and authorized the County Administrator to execute the deed. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Jaeckle, Elswick, Holland and Gecker. Nays: None. Absent: Warren. 8.B.18.c. ALONG OTTERDALE ROAD FROM CHESTERFIELD REALTY PARTNERS, INCORPORATED On motion of Mr. Holland, seconded by Mr. Gecker, the Board accepted the conveyance of a parcel of land containing 0.75+ acres along Otterdale Road from Chesterfield Realty Partners, Inc., 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, Holland and Gecker. Nays: None. Absent: Warren. 13-547 08/28/13 8.B.19. REQUESTS FOR PERMISSION 8.B.19.a. FROM BON SECOURS-SAINT FRANCIS MEDICAL CENTER, INCORPORATED FOR A MONUMENT SIGN TO ENCROACH WITHIN A SIXTEEN-FOOT WATER EASEMENT ON PROPERTY ON SAINT FRANCIS BOULEVARD On motion of Mr. Holland, seconded by Mr. Decker, the Board granted Bon Secours-St. Francis Medical Center, Inc. permission for a monument sign to encroach within a 16' water easement on property at 13801 St. Francis Boulevard, 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, Holland and Gecker. Nays: None. Absent: Warren. 8.B.19.b. FROM PATRICK J. TOON AND ANDREE C. TOON FOR A PROPOSED FENCE TO ENCROACH WITHIN AN EIGHT-FOOT EASEMENT AND A SIXTEEN-FOOT DRAINAGE EASEMENT ACROSS LOT 27, IVYRIDGE, SECTION A On motion of Mr. Holland, seconded by Mr. Gecker, the Board granted Patrick J. Toon and Andree C. Toon permission for a proposed fence to encroach within an 8' easement and a 16' drainage easement across Lot 27, Ivyridge, Section A, 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, Holland and Gecker. Nays: None. Absent: Warren. 8.B.20. REQUESTS TO QUITCLAIM 8.B.20.a. A PORTION OF A SIXTEEN-FOOT DRAINAGE EASEMENT (PUBLIC) ACROSS PROPERTY OF CURRIN AND ASSOCIATES, LLC On motion of Mr. Holland, seconded by Mr. Gecker, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute a quitclaim deed to vacate a portion of a 16' drainage easement (public) across property of Currin & Associates, LLC. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Jaeckle, Elswick, Holland and Decker. Nays: None. Absent: Warren. 8.B.20.b. A PORTION OF A SIXTEEN-FOOT DRAINAGE EASEMENT (PUBLIC) ACROSS PROPERTY OF DYNAMIC ASSOCIATES, L.L.C. On motion of Mr. Holland, seconded by Mr. Decker, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute a quitclaim deed to vacate a portion of a 16' drainage easement (public) across property of Dynamic Associates, L.L.C. (It is noted a copy of the plat is filed with the papers of the Board.) Ayes: Jaeckle, Elswick, Holland and Decker. Nays: None. Absent: warren. 13-548 J J J 08/28/13 8.B.20.c. A PORTION OF A SIXTEEN-FOOT DRAINAGE EASEMENT (PUBLIC) ACROSS PROPERTY OF GOODWILL INDUSTRIES OF CENTRAL VIRGINIA, INCORPORATED On motion of Mr. Holland, seconded by Mr. Decker, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute a quitclaim deed to vacate a portion of a 16' drainage easement (public) across property of Goodwill Industries of Central Virginia, Inc. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Jaeckle, Elswick, Holland and Gecker. Nays: None. Absent: Warren. 8.B.20.d. A SIXTEEN-FOOT SEWER EASEMENT ACROSS THE PROPERTY OF L AND D PROPERTIES, LLC On motion of Mr. Holland, seconded by Mr. Gecker, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute a quitclaim deed to vacate a 16' sewer easement across the property of L & D Properties, LLC. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Jaeckle, Elswick, Holland and Gecker. Nays: None. Absent: Warren. 8.B.21. CONVEYANCE OF AN EASEMENT TO VIRGINIA ELECTRIC AND POWER COMPANY FOR A VARIABLE UNDERGROUND EASEMENT FOR NEW SERVICE AT THE OLD CLOVER HILL HIGH SCHOOL On motion of Mr. Holland, seconded by Mr. Gecker, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute an agreement with Virginia Electric and Power Company for a variable underground easement for new service at the Old Clover Hill High School, 13900 Hull Street Road. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Jaeckle, Elswick, Holland and Decker. Nays: None. Absent: Warren. 8.B.23. ADDITIONAL APPROPRIATION AND TRANSFER OF FUNDS AND CHANGE ORDER AUTHORIZATION FOR THE ROBIOUS ROAD WIDENING BOND PROJECT FROM TWIN TEAM LANE TO ROBIOUS FOREST WAY On motion of Mr. Holland, seconded by Mr. Decker, the Board appropriated and transferred $400,000 in Shed 2 Cash Proffers to the Robious Road Widening Bond Project from Twin Team Lane to Robious Forest Way and authorized the County Administrator to execute change orders, up to the full amount budgeted for the project. Ayes: Jaeckle, Elswick, Holland and Decker. Nays: None. Absent: Warren. 13-549 08/28/13 The following items were removed from the Consent Agenda for Board discussion: 8.B.22. DIRECT STAFF TO PREPARE ORDINANCE AMENDMENT RELATIVE TO THE KEEPING OF CHICKENS IN RESIDENTIAL DISTRICTS AND REFER AMENDMENT TO PLANNING COMMISSION Mr. Gecker expressed concerns relative to burdening Planning staff with additional work. Ms. Jaeckle stated she believes it would save staff time by putting a new ordinance in place, specifying how much footage is needed to keep chickens from adjacent lots. She further stated there will be more conditional use permits for the keeping of chickens that will be far more burdensome for staff than to change the ordinance altogether. Mr. Gecker stated the amount of work involved is underestimated by determining the residential districts in which chickens can be kept. Ms. Jaeckle stated the size of a residential lot will determine the imposition on the neighbor. Mr. Gecker stated he will not support the recommendation. On motion of Mr. Elswick, seconded by Ms. Jaeckle, the Board directed staff to prepare an ordinance amendment to allow the keeping of chickens in Residential Districts and refer the amendment to the Planning Commission for public hearing and recommendation no later than the Commissioner's regularly scheduled meeting in November 2013. Ayes: Jaeckle, Elswick and Holland. Nays: Gecker. Absent: warren. 8.B.4. AUTHORIZE THE COUNTY ADMINISTRATOR TO RENEW A HEALTH CARE CONTRACT WITH ANTHEM BLUE CROSS AND BLUE SHIELD AND RENEW A DENTAL CARE CONTRACT WITH DELTA DENTAL PLAN FOR VIRGINIA FOR 2014 Mr. Elswick inquired about changes made to the health care contract that was approved at the School Board meeting last evening. Mr. Stegmaier stated renewal of the contracts needs to be approved to give employees a reasonable amount of time to determine the significant changes to the plans before the open-enrollment period. He further stated the recommendation would be to adopt the plans that were discussed with the Benefits Committee, keep the county's contribution unchanged moving forward and the employees would pick up the balance of the cost, implement the policy changes and recommendations that were made through the Benefits Committee and will keep the plan within five dollars of what the School Board adopted last night. Mr. Elswick expressed concerns relative to benefit changes made by the School Board. J J J 13-550 08/28/13 Mr. Zaremba stated the benefits that were approved by the School Board are identical to the benefits that the Board is being requested to approve. He further stated the difference lies in the School's contribution to the premiums. He noted the item is to authorize the County Administrator to renew the two contracts and have further discussions relative to what the county contributes to those plans. He stated it is important to approve the renewal in order to be prepared for open-enrollment. He further stated he was unaware of the School Board's intention to make changes. In response to Mr. Holland's question, Ms. Jaeckle stated the Benefits Committee, was briefed on contract recommendations. Mr. Gecker stated recommendations were made at the Benefits Committee but specific direction was not offered going forward. Mr. Elswick stated his desire to keep benefits the same for county and school employees; however, he is willing to approve the renewal and have further discussions on what county contributions will entail. On motion of Mr. Elswick, seconded by Mr. Holland, the Board authorized the County Administrator to renew contracts with Anthem Blue Cross and Blue Shield (Anthem) and Delta Dental Plan of Virginia (Delta) for 2014. Ayes: Jaeckle, Elswick, Holland and Gecker. Nays: None. Absent: Warren. In response to Mr. Gecker's question, Mr. Stegmaier stated staff will prepare a recommendation for what is believed to be the employer contribution to the premium. He further stated the recommendation has been that the contribution remains the same. He stated the School Board made a decision that they would contribute five dollars less per month towards the employer's share of the premium, whereas county staff believes the contribution should remain the same at this time. He further stated the Board will be briefed on the recommendation and a plan will be implemented at the direction of the Board. 8.B.l.d. AUTHORIZING ACCEPTANCE OF A RECREATIONAL TRAILS PROGRAM GRANT FOR R. GARLAND DODD PARK AT POINT OF ROCKS Mr. Elswick inquired if it was possible to transfer grant funds from the R. Garland Dodd Park at Point of Rocks to the bike trail project at Pocahontas Park. Mr. Golden stated after an inquiry is made to the state, staff will report back to the Board. Ms. Jaeckle expressed concerns relative to providing funding for state-owned property. Mr. Elswick made a motion, seconded by Mr. Gecker, for the Board to defer authorizing acceptance of a recreational trails program grant for R. Garland Dodd Park at Point of Rocks until September 18, 2013. Ayes: Jaeckle, Elswick, Holland and Gecker. Nays: None. Absent: Warren. 13-551 08/28/13 9. REPORTS 9.A. REPORT ON DEVELOPER WATER AND SEWER CONTRACTS 9.B. REPORT ON STATUS OF GENERAL FUND BALANCE, RESERVE FOR FUTURE CAPITAL PROJECTS, DISTRICT IMPROVEMENT FUNDS AND LEASE PURCHASES 9.C. REPORT OF PLANNING COMMISSION SUBSTANTIAL ACCORD DETERMINATION FOR CHESTERFIELD COUNTY PARKS AND RECREATION (CASE 13PD02130) TO PERMIT A PUBLIC PARK IN THE BERMUDA DISTRICT - BATTERY DANTZLER PARK 9.D. REPORT OF PLANNING COMMISSION SUBSTANTIAL ACCORD DETERMINATION FOR CHESTERFIELD COUNTY PARKS AND RECREATION (CASE 13PD0229) TO PERMIT A PUBLIC PARK IN THE DALE DISTRICT - BRANCH'S BLUFF 9.E. REPORT OF PLANNING COMMISSION SUBSTANTIAL ACCORD DETERMINATION FOR CHESTERFIELD COUNTY PARKS AND RECREATION (CASE 13PD02228) TO PERMIT A PUBLIC PARK IN THE BERMUDA DISTRICT - HOWLETT LINE PARK On motion of Mr. Holland, seconded by Mr. Gecker, the Board accepted the following reports: a Report on Developer Water and Sewer Contracts; a Report on Status of General Fund Balance, Reserve for Future Capital Projects, District Improvement Funds and Lease Purchases; a Report of Planning Commission Substantial Accord Determination for Chesterfield County Parks and Recreation (Case 13PD02130) to Permit a Public Park in the Bermuda District - Battery Dantzler Park; a Report of Planning Commission Substantial Accord Determination for Chesterfield County Parks and Recreation (Case 13PD0229) to Permit a Public Park in the Dale District - Branch's Bluff; and a Report of Planning Commission Substantial Accord Determination for Chesterfield County Parks and Recreation (Case 13PD0228) to Permit a Public Park in the Bermuda District - Howlett Line Park. Ayes: Jaeckle, Elswick, Holland and Gecker. Nays: None. Absent: Warren. 10. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED MATTERS There were no requests to address the Board at this time. 11. DINNER On motion of Mr. Holland, seconded by Mr. Gecker, the Board recessed to Room 502, for dinner. Ayes: Jaeckle, Elswick, Holland and Gecker. Nays: None. Absent: Warren. 13-552 J J 08/28/13 Reconvening: Ms. Jaeckle noted Mr. Warren's absence from the meeting. 12. INVOCATION Assistant County Administrator Louis Lassiter gave the invocation. 13. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Retired U. S . Marine Corps Major Don Kappel led the Pledge of Allegiance. 14. RESOLUTIONS 14.A. RECOGNIZING THE 100TH ANNIVERSARY OF BROWN GROVE BAPTIST CHURCH Mr. Kappel introduced Reverend Andrew T. Carey, who was present to receive the resolution. On motion of Mr. Elswick, seconded by Mr. Holland, the Board adopted the following resolution: WHEREAS, Chesterfield County recognizes and appreciates the significant contributions that houses of worship make to the residents of the county; and WHEREAS, some churches have served their Chesterfield County communities for many years; and WHEREAS, one of those churches, Brown Grove Baptist Church, traces its history back 100 years, to July 1913, when Mr. Richard Brown deeded 1-1/2 acres of land for the purpose of erecting a church; and WHEREAS, prior to this time, the early members and founders of Brown Grove Baptist Church had worshipped with another congregation, but during the winter months and during inclement weather, sometimes found the trip to Spring Creek Baptist Church on Genito Road difficult or at times not possible due to flooding; and WHEREAS, trees on the land donated by Mr. Brown were used to construct a small church building 16 feet by 24 feet in size; and WHEREAS, at that time, Lee B. Turner and Lafayette Turner, brothers, along with Andrew Turner, served as deacons, and John Davis was the church's first treasurer; and WHEREAS, in 1914, the Reverend Thomas Taylor became the church's first pastor, and the congregation consisted of 18 members; and WHEREAS, in 1916, upon the death of the Reverend Thomas Taylor, his brother, the Reverend Henry Taylor, became pastor 13-553 08/28/13 until his demise, at which time the Reverend Agatha Coles served as pastor; and WHEREAS, the Reverend John H. Quick pastored the church from 1929 until February 1957; and WHEREAS, the pulpit remained vacant until March 1958, when the Reverend Leroy Jones was called to serve; and WHEREAS, when the Reverend Leroy Jones resigned in January 1963, he was followed by the Reverend Samuel Robinson, who was called to the pulpit in August 1964; and WHEREAS, after a groundbreaking in July 1991, a new sanctuary was completed in November 1995; and WHEREAS, the Reverend Samuel Robinson retired in December 2000 after serving as pastor for 36 years, and the church was without a pastor until December 2001, when the Reverend Andrew T. Carey, who is the current pastor of Brown Grove Baptist Church, assumed leadership of the congregation. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield Board of Supervisors, this 28th day of August 2013, on behalf of all Chesterfield County residents, offers congratulations and best wishes to Brown Grove Baptist Church as it celebrates 100 years of service as a valued member of Chesterfield County's faith community, and extends best wishes for continued success and growth. Ayes: Jaeckle, Elswick, Holland and Gecker. Nays: None. Absent: Warren. Mr. Elswick presented the executed resolution to Reverend Carey and offered his best wishes and congratulations for the church's 100 years of service to the community. Reverend Carey expressed his appreciation to the Board for the special recognition and continued support. 14.B. RECOGNIZING VIRGINIA STATE UNIVERSITY, THE VIRGINIA DENTAL ASSOCIATION FOUNDATION'S MISSION OF MERCY AND THE VIRGINIA COMMONWEALTH UNIVERSITY HEALTH SYSTEM Dr. Bailey introduced key representatives of organizations involved in the VSU Cares program, who were present to receive the resolution. On motion of Mr. Holland, seconded by Mr. Gecker, the Board adopted the following resolution: WHEREAS, on June 14 and 15, 2013, Virginia State University's second VSU Cares provided free dental services to 400 patients to address the unmet acute dental needs of local communities; and WHEREAS, it is estimated that one-in-five Virginians live in an underserved area for dental care and are often left without any dental care to face pain, discomfort, and embarrassment; and 13-554 J J J 08/28/13 WHEREAS, in response to the~lack of access to care and the resulting poor oral health of thousands of indigent Virginians, the Virginia Dental Association Foundation launched the Mission of Mercy (M.O.M.) in 2000 and has since provided nearly $30 million in free dental care to almost 50,000 patients through over 60 projects; and WHEREAS, VSU Cares, a partnership between VSU, the Virginia Dental Association Foundation's Mission of Mercy project, Virginia Commonwealth University Health System, Southside Dental Society, and Old Dominion Dental Society provided nearly $210,000 in donated care and more than 350 volunteers, including 33 dentists, and many dental students, health professionals, and general volunteers, who together provided 2,800 volunteer hours, worth $61,000 in time; and WHEREAS, 11 organizations or individuals provided direct funding support and 37 partnering organizations donated resources or time, totaling more than $63,000; and WHEREAS, services rendered throughout the day included 450 fillings, 649 dental `extractions and 103 cleanings, as well as dental exams for all patients; and WHEREAS, in 2013, services were expanded to include 97 vision and hearing screenings and 50 breast exams; prescriptions were filled, and vouchers to assist with eye glasses, hearing aids and mammograms were provided to those with an identified need. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 28th day of August 2013, publicly recognizes and expresses gratitude, on behalf of all Chesterfield County residents, and commends Virginia State University; the Virginia Dental Association Foundation; Virginia Commonwealth University's School of Dentistry, School of Medicine, School of Pharmacy, and School of Nursing; the Southside Dental Society; the Old Dominion Dental Society; the Chi Eta Phi Nursing Sorority; the Central Virginia Chapter of the Black Nurses Association; the Lions Club of Virginia; the Virginia Department of Health; the Virginia Department of Transportation; the Bermuda Hundred United Methodist Church, Chester Presbyterian Church, Real Life Ministries, and St. Matthews Episcopal Church of United Campus Ministries; and all organizations responsible for their work toward decreasing disparities in the region's health care delivery system, and work on future outreach projects to assist the healthcare needs of the citizens of this region. Ayes: Jaeckle, Elswick, Holland and Gecker. Nays: None. Absent: Warren. Board members presented the executed resolutions to representatives of VSU Cares. Mr. Elswick commended each of the representatives for their work in assisting with the healthcare needs of the citizens of this region. Each recipient introduced themselves and shared details relative to their participation in the program. Mr. Gecker, Ms. Jaeckle and Mr. Holland also commended all organizations responsible for their work on outreach projects to assist with the healthcare needs of the citizens of the community. 13-555 08/28/13 14.C. RECOGNIZING MRS. LIU-JEN CHU FOR HER CONTRIBUTIONS TO THE COMMITTEE ON THE FUTURE AND CHESTERFIELD COUNTY Ms. Wendy Austin introduced Mrs. Liu-Jen Chu, who was present to receive the resolution. On motion of Mr. Gecker, seconded by Mr. Holland, the Board adopted the following resolution: WHEREAS, the Chesterfield County Committee on the Future was established in 1987 by the Board of Supervisors and included in the County Charter for the purpose of assessing the future and long range challenges facing the county, advising the Board of Supervisors, and making recommendations for minimizing the adverse effect of future changes on the county; and WHEREAS, Mrs. Liu-Jen Chu was appointed as a member of the Committee on April 12, 2006; and WHEREAS, Mrs. Chu has served the citizens of the Clover Hill District with distinction; and WHEREAS, Mrs. Chu served as an active committee member for seven years; and WHEREAS, the committee identified and researched the challenges of globalization facing Chesterfield County in the future; and WHEREAS, Mrs. Chu was instrumental in the development of extensive research and dedicated countless hours to the committee during the past seven years. WHEREAS, during her tenure, the committee completed the "Preparing Residents to Thrive in a Global Society" report, which studied how globalization will affect Chesterfield County over the next decade and how lifelong learning can be used to help county residents thrive in a highly globalized world; and WHEREAS, Ms. Chu is concluding her service with the Committee on the Future to spend more time with her family. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 28th day of August 2013, publicly recognizes Mrs. Liu-Jen Chu and commends her for her dedication and outstanding service to the Committee on the Future and to the citizens of Chesterfield County. AND, BE IT FURTHER RESOLVED that a copy of this resolution be presented to Mrs. Chu and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Ayes: Jaeckle, Elswick, Holland and Gecker. Nays: None. Absent: Warren. Ms. Jaeckle presented the executed resolution to Mrs. Chu and commended her on her devoted service to the committee over the years. Mrs. Chu, who was accompanied by her husband, expressed appreciation to the Board of Supervisors for the recognition. Mr. Holland also commended Mrs. Chu on her outstanding service to the Committee on the Future. J J J 13-556 08/28/13 14.D. RECOGNIZING FIRE AND LIFE SAFETY EDUCATOR ANITA E. ANDERSON, FIRE AND EMERGENCY MEDICAL SERVICES DEPARTMENT, UPON HER RETIREMENT Chief Dawson introduced Fire and Life Safety Educator Anita E. Anderson, who was present to receive the resolution. On motion of Mr. Holland, seconded by Mr. Elswick, the Board adopted the following resolution: WHEREAS, Fire and Life Safety Educator Anita E. Anderson will retire from the Chesterfield Fire and Emergency Medical Services Department, Chesterfield County, on September 1, 2013; and WHEREAS, Ms. Anderson has faithfully served Chesterfield County for more than 26 years in various assignments; as a Recruiter in the Police Department, Secretary and Administrative Officer in Human Resource Management, as well as a Recruiter and Fire and Life Safety Educator for Fire and Emergency Medical Services; and WHEREAS, Ms. Anderson served as a member on the first Chesterfield County Diversity Advisory Committee, which was formed in 1989 as one of the county's key initiatives to expand and enhance equal employment opportunity in all management practices, and the committee serves as an advisory body to the County Administrator through the Director of Human Resource Management on issues related to the Equal Opportunity Plan; and WHEREAS, Ms. Anderson promoted employment with the Chesterfield County Police Department by appearing as a guest on Blab TV, a local Comcast television station, and helped to create the Chesterfield County Police Department Internship, Volunteer, and Motorist Assistance Programs; and WHEREAS, Ms. Anderson was a dependable and dedicated employee while recruiting applicants to become Chesterfield County Police Officers and Chesterfield County Firefighters and educating county residents as well as elementary, middle and high-school students on fire and life safety topics; and WHEREAS, during her career, Ms. Anderson attained numerous national certifications, approved by the Virginia Fire Services Board and administered by the Virginia Department of Fire Programs, including Hazardous Materials Awareness, Public Fire and Life Safety Educator I and II, and Juvenile Fire Setter Intervention I and II; and WHEREAS, Ms. Anderson displayed a helpful, courteous, and caring attitude while working with internal and external customers, providing a high level of commitment to her work performance. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board. of Supervisors, this 28th day of August 2013, publicly recognizes the contributions of Fire and Life Safety Educator Anita E. Anderson, expresses the appreciation of all residents for her service to the county, and extends appreciation for her dedicated service and congratulations upon her retirement. 13-557 08/28/13 AND, BE IT FURTHER RESOLVED that a copy of this resolution be presented to Fire and Life Safety Educator Anderson and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Ayes: Jaeckle, Elswick, Holland and Gecker. Nays: None. Absent: warren. Ms. Jaeckle presented the executed resolution to Ms. Anderson and commended her on her many years of loyal and dedicated service. Ms. Anderson expressed her appreciation to the Board for the recognition. Mr. Stegmaier presented Ms. Anderson with an acrylic statue and county watch and expressed appreciation for her outstanding service to the county. 15. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED MATTERS Mr. L.J. McCoy expressed concerns relative to the Virginia Flaggers' desire to display a Confederate flag in Chesterfield County. Mr. Ralph Carter expressed concerns relative to the referendum needed to initiate a meals tax. Ms. Julie Ranson addressed the Board relative to county taxing and spending priorities. Mr. Bob Olsen addressed the Board relative to establishing an ethical and transparent local government. Mr. Freddy Boisseau urged the Board to provide an online searchable budget document relative to county expenditures. 16. REQUESTS FOR MANUFACTURED HOME PERMITS AND REZONING PLACED ON THE CONSENT AGENDA TO BE HEARD IN THE FOLLOWING ORDER: - WITHDRAWALS/DEFERRALS - CASES WHERE THE APPLICANT ACCEPTS THE RECOMMENDATION AND THERE IS NO OPPOSITION - CASES WHERE THE APPLICANT DOES NOT ACCEPT THE RECOMMENDATION AND/OR THERE IS PUBLIC OPPOSITION WILL BE HEARD AT SECTION 18 13SN0505 In Bermuda Magisterial District, Jack R. Wilson, III requests rezoning from Community Business (C-3) to General Business (C-5) plus conditional use approval and amendment of zoning district map to permit motor vehicle title lending on .3 acre known as 11648 Jefferson Davis Highway. Density will be controlled by zoning conditions or ordinance standards. The Comprehensive Plan suggests the property is appropriate for Commercial use. Tax ID 797-659-4137. Mr. Turner stated Ms. Jaeckle is requesting a 30-day deferral to the September 17, 2013 regularly scheduled meeting. Mr. Jack Wilson, representing the .applicant, acknowledged the deferral request. J J J 13-558 08/28/13 Ms. Jaeckle called for public comment. No one came forward to speak to the deferral. Ms. Jaeckle made a motion, seconded by Mr. Warren, for the Board to defer Case 13SN0505 until September 18, 2013. Ayes: Jaeckle, Elswick, Holland and Gecker. Nays: None. Absent: Warren. 13SN0520 In Bermuda Magisterial District, Fountain Square Condominiums LLC requests amendment of zoning (Case 95SN0309) relative to modification of cash proffers and amendment of zoning district map in a Community Business (C-3) District on .6 acre located in the southwest corner of Fountain Square Plaza and Chester Village Drive. Density will be controlled by zoning conditions or ordinance standards. The Comprehensive Plan suggests the property is appropriate for Neighborhood Mixed use. Tax IDs 788-655-8553, 8854 and 9964. Mr. Turner presented a summary of Case 13SN0520 and stated both the Planning Commission and staff recommended approval and acceptance of the proffered conditions. He further stated the applicant has proffered two new conditions relative to in-kind-improvements. He noted staff believes the changes are minor and do not rise to the level that would suggest the case be remanded back to the Planning Commission for consideration. In response to Mr. Gecker's question, Mr. Turner stated commercial use is required on the first floor of the building through the previous zoning case. In response to Mr. Elswick's question, Mr. Turner stated a mixed use building is required and the applicant is not seeking to amend that condition. Ms. Carrie Coyner, representing the applicant, stated the original case was set up to allow funds to be used for parking and improvements to help with the flow of traffic for the mixed-use environment in the area. She stated improvements shall include all work necessary to complete parking spaces and provide funds on those improvements. She further stated the proposal offers enhanced architectural features for infill development in Chester Village to support the future Arts Center and the Chester Library. In response to Mr. Gecker's question, Ms. Coyner stated the applicant is guaranteeing a minimum of 40 parking spaces out of the 70 required and also providing up to $201,600 on the parking lot improvements. She further stated should the cost of the initial 40 spaces be less than $201,600, the developer shall continue to construct additional parking spaces up to an amount not to exceed $201,600. Mr. Mincks noted the language states the costs of improvements shall not exceed $201,600, modifying the obligation of 40 parking spaces. Mr. Gecker expressed concerns relative to in-kind improvement language. 13-559 08/28/13 Mr. Carmody stated the condition can be modified to address concerns. In response to Mr. Gecker's concern, Ms. Coyner stated she is comfortable striking out the language. Mr. Mincks stated by law the proffered condition cannot be amended after the case has been called and would need to be done at a subsequent meeting. He noted a condition cannot be imposed. Mr. Holland expressed concerns relative to the applicant not fully addressing impacts on capital facilities. He stated he is uncomfortable with last-minute changes relative to the case. Ms. Coyner stated no changes were made, before for and immediately after the Planning Commission meeting, specifically stating that the money would be issued for improvements to serve the Chester Library. She further stated the applicant is on a timeframe to start development as soon as possible. She stated the current language reflects the requirement to build a minimum of 40 parking spaces. She further stated if bids came in that were lower than anticipated, additional parking spaces would be~provided over the 40 parking spaces until all funds were spent. She noted the applicant received unanimous support from the Planning Commission. Ms. Jaeckle stated she asked for a deferral initially to allow time for the applicant to address impacts and provide more clarity relative to the language. In response to Mr. Holland's question, Ms. Coyner stated funds could have been collected by the county under the current cash proffer policy or used for parking spaces. She further stated the community wanted additional parking and traffic issues addressed. Mr. Mincks noted the condition states improvements shall include all work necessary to complete at a minimum 40 parking spaces. Ms. Coyner stated if the cost of the 40 parking spaces is less than $201,600, the developer will continue to construct additional parking spaces until those funds are expended. Ms. Jaeckle stated she wanted the deferral to provide more clarity on a budgetary level. She further stated the applicant is anxious to start developing. Mr. Mincks noted the change was made before advertisement. Ms. Jaeckle called for public comment. Ms. Carol Quinn, member of the Woodlake Community Association Board of Directors, urged the Board to deny the case. She expressed concerns relative to the reduction and elimination of cash proffers and impacts on fire stations, parks, roads and schools. Mr. Bob Olsen urged the Board to remand the case back to the Planning Commission. He stated the applicant has not addressed impacts on capital facilities. There being no one else to address the issue, the public hearing was closed. 13-560 J J J 08/28/13 Ms. Coyner stated the applicant is not requesting additional residential units. She further stated the proposed land use is for a mixed-use development on the Village Green with ground floor retail and over-shop housing. She stated the proposal offers a resolution to addressing required parking and traffic flow, as well as, enhanced architectural features for infill development. She further stated the proposal guarantees a minimum of 40 parking spaces and the developer will continue to construct additional parking spaces until funds are expended. She noted the Planning Commission was very supportive of the proposal. Ms. Jaeckle stated she requested the thirty-day deferral to provide more clarity relative to additional parking. Ms. Jaeckle made a motion, seconded by Mr. Gecker, for the Board to approve Case 13SN0520 and accepted the proffered conditions. In response to Mr. Elswick's question, Mr. Carmody stated the case's current cash proffer amount is $9,327, which is in line with the current case's escalated amount. Mr. Elswick stated the Planning Commissioner from his district was in full support of the case. He noted the choice to add additional parking spaces or collect the cash proffer contribution would have been accepted. Ms. Jaeckle called for a vote on her motion, seconded by Mr. Gecker, for the Board to approve Case 13SN0520 and accept the following proffered conditions: Instead of proffering cash to meet this development's impacts on the county's infrastructure, the applicant hereby proffers the following construction of improvements to benefit the county's library system and traffic movement needs: D. In-Kind-Improvements. The Applicant shall provide parking lot improvements, acceptable to the County, to serve the Chester Library (the "Improvements"). For the purposes of this proffer, the Improvements shall include all work necessary to complete at a minimum 40 parking spaces of the 70 space parking lot shown on Exhibit A, dated July 26, 2013, attached hereto. The improvements shall include, but not be limited to, engineering, relocating utilities and construction (including labor, materials, and overhead). The costs of the Improvement shall not exceed $201,600.00 (amount that would otherwise have been collected by the County under the current cash proffer policy). Should the cost of the initial 40 spaces be less than $201,600, the developer shall continue to construct additional parking spaces up to an amount not to exceed $201,600. The Improvements shall be completed prior to the issuance of a certificate of occupancy for any dwelling unit on the subject property. Construction bids for the Improvements shall be reviewed and accepted by the county prior to the issuance a Land Disturbance Permit for said Improvements. (B & M) 13-561 08/28/13 1. There shall be a maximum of thirty seven (37) dwelling units. A maximum of one (1) dwelling unit shall be permitted to contain more than two (2) bedrooms. No dwelling units shall have more than three (3) bedrooms. Unit types shall be designated on building permits. (P) 2. The buildings shall have an architectural design generally as shown on the elevations by Poole and Poole Architecture, LLC, and dated April 26, 2013. (P) 3. Eighty percent (80%) of the building facade, excluding windows and doors, shall be brick or stone materials. (P) 4. Varied roof designs and materials shall be used on building sections across the north and south facades to emphasize the visual distinction between each building section and to provide the appearance of no flat roofs for those sections. (P) 5. Balconies shall be provided on the second and third floors for at least four (4) of the dwellings on the north elevation of the building, oriented towards Fountain Square Plaza. These balconies shall be covered and architecturally compatible to the attached elevations and shall be a minimum of six (6) feet in depth and sixty (60) square feet in area. A minimum of fifty percent (500) of remaining dwellings on the north facing elevation shall have balconies that are uncovered and that project from the building depths of two (2) to three (3) feet to provide an outdoor living space. (P) Ayes: Jaeckle, Elswick and Gecker. Nays: Holland. Absent: warren. Mr. Holland noted his opposition was due to the applicant not fully addressing the impacts of the development on fire stations, parks, roads and schools. 13SN0512 In Bermuda Magisterial District, Babita Rani and Gurpreet Kaur request conditional use approval to permit a family day- care home and amendment of zoning district map in a Residential (R-12) District on .5 acre known as 6731 Arbor Meadows 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 776-658-7620. Mr. Turner presented a summary of Case 13SN0512 and stated both the Planning Commission and staff recommended approval and acceptance of the proffered conditions. Ms. Gurpreet Kaur accepted the recommendation. Ms. Jaeckle called for public comment. J J J 13-562 08/28/13 Ms. Mary Lavarnway urged the Board to approve the case. She stated the applicant provides exceptional child-care services. There being no one else to address the issue, the public hearing was closed. Ms. Jaeckle stated she is very pleased to have the neighborhood's support in order to permit a child-care business in a residential area. Ms. Jaeckle then made a motion, seconded by Mr. Gecker, for the Board to approve Case 13SN0512 and accept the following proffered conditions: 1. Non-Transferable Ownership: This conditional use approval shall be granted to and for Babita Rani and Gurpreet Kaur, exclusively, and shall not be transferable nor run with the land. (P) 2. Expansion of Use: There shall be no exterior additions or alterations to the existing structure to accommodate this use. (P) 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 twelve (12) children, other than the applicants' own children or any children that live in the home, at any one time. (P) 5. Employees: No employees shall be permitted to work on the premises other than family member employees that live on the premises. (P) 6. Hours of Operation: The family day care home shall be permitted to operate between the hours of 5:00 a.m. and 11:30 p.m. daily. (P) 7. Time Limitation: This conditional use approval shall be granted f or a period not to exceed f ive ( 5 ) years from the date of approval. (P) Ayes: Jaeckle, Elswick, Holland and Gecker. Nays: None. Absent: Warren. 13SN0528 In Midlothian Magisterial District, A Sense of Pride requests conditional use to permit a family day-care home and amendment of zoning district map in a Residential (R-40) District on 1.2 acres known as 3141 Waterton Drive. Density will be controlled by zoning conditions or ordinance standards. The Comprehensive Plan suggests the property is appropriate for Low Density Residential use (maximum of 1.0 dwelling per acre). Tax ID 738-720-5736. Mr. Turner presented a summary of Case 13SN0528 and stated both the Planning Commission and staff recommended approval subject to the conditions. 13-563 08/28/13 Mr. and Mrs. Paul Begin accepted the conditions. Ms. Jaeckle called for public comment. There being no one to address the issue, the public hearing was closed. On motion of Mr. Gecker, seconded by Mr. Holland, the Board approved Case 13SN0528, subject to the following conditions: 1. This conditional use approval shall be granted to and for Paul and/or Christine Begin, exclusively, and shall not be transferable nor run with the land. (P) 2. There shall be no exterior additions or alterations to the existing structure to accommodate this use. (P) 3. There shall be no signs permitted to identify this use. (P) 4. This conditional use approval shall be limited to providing care, protection and guidance to a maximum of twelve (12) children, other than the applicant's own children, at any one time. (P) 5. Hours and days of operation shall be limited to Monday through Friday from 6 a . m . to 6 p . m . There shall be no Saturday or Sunday operation of this use. (P) 6. This conditional use approval shall be granted for a period not to exceed five (5) years from the date of approval. (P) 7. Any outdoor play area and/or recreational equipment utilized by the family day-care home shall be located in the side or rear yard of the property. Outdoor play and/or recreational equipment areas shall have perimeter fencing of at least four (4) feet in height, installed around the equipment or play area. Equipment for outdoor play areas shall be located no closer than fifteen (15) feet to the side or rear property lines. (P) 8. No more than two (2) employees shall be permitted to work on the premises, other than family member employees that live on the premises. (P) 9. This conditional use approval shall be limited to providing care, protection and guidance to children from infant through four years of age. (P) Ayes: Jaeckle, Elswick, Holland and Gecker. Nays: None. Absent: Warren. 13SN0532 In Bermuda Magisterial District, Costella H. Hall requests conditional use to permit a business (motor vehicle repair) incidental to a dwelling and amendment of zoning district map in a Residential (R-7) District on .5 acre known as 10201 and 10211 Elokomin Avenue. Density will be controlled by zoning conditions or ordinance standards. The Comprehensive Plan 13-564 J J 08/28/13 suggests the property is appropriate for Regional Mixed use. Tax IDs 795-666-5531 and 5823. Mr. Turner presented a summary of Case 13SN0532 and stated both the Planning Commission and staff recommended approval and acceptance of the proffered conditions. Ms. Costella Hall accepted the recommendation. Ms. Jaeckle called for public comment. There being no one to address the issue, the public hearing was closed. On motion of Ms. Jaeckle, seconded by Mr. Gecker, the Board approved Case 13SN0532 and accepted the following proffered conditions: 1. This conditional use approval shall be granted to and for Costella H. Hall, exclusively, and shall not be transferable nor run with the land. (P) 2. This conditional use approval shall be granted for a period not to exceed three (3) years from the date of approval. (P) 3. Other than the applicant, only two (2) employees shall be allowed in conjunction with this use. (P) 4. Hours the use may be open to the public shall be restricted to between 8:00 a.m. and 5:00 p.m., Monday through Friday, and between 9:00 a.m. and 12:00 p.m. on Saturday. The use shall not be open to the public on Sunday. (P) 5. One (1) sign shall be permitted to identify this use. Such sign shall not exceed one (1) square foot in area and shall not be illuminated. (P) 6. There shall be no outside storage of junk vehicles, automobile parts, or other miscellaneous debris associated with this use. No more than three (3) vehicles awaiting repair shall be stored outside overnight at any one time. (P) 7. This use shall be conducted within an enclosed structure. (P) 8. Except for alterations to meet Americans with Disabilities Act (ADA) or other building code requirements, there shall be no additions or alterations to the structure to accommodate this use. (P & BI) 9. Used motor oil and/or other automobile fluids shall be disposed of at a facility authorized by the state to receive such products. (P) Ayes: Jaeckle, Elswick, Holland and Gecker. Nays: None. Absent: Warren. 13-565 08/28/13 13SN0533 In Dale Magisterial District, Chesterfield County Board of Supervisors proposes conditional use to permit a dwelling separated from the principal dwelling plus conditional use planned development to permit exceptions to ordinance requirements relative to setbacks and amendment of zoning district map in an Agricultural (A) District on 1.2 acres known as 5151 Little Creek Lane. 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 776-682-7908. Mr. Turner presented a summary of Case 13SN0533 and stated both the Planning Commission and staff recommended approval subject to the conditions. Ms. Jaeckle called for public comment. There being no one to address the issue, the public hearing was closed. On motion of Mr. Holland, seconded by Mr. Elswick, the Board approved Case 13SN0533, subject to the following conditions: 1. Occupancy of the second dwelling unit shall be limited to: the occupants of the principal dwelling unit, individuals related to them by blood, marriage, adoption or guardianship, foster children, guests and any domestic servants. (P) 2. For the purpose of providing record notice, within thirty (30) days of approval of this request, a deed restriction shall be recorded setting forth the limitation in Condition 1. The deed book and page number of such restriction and a copy of the restriction as recorded shall be submitted to the Planning Department. (P) 3. The front yard setback of the detached accessory structure (second dwelling) shall be a minimum of sixty (60) feet, as depicted in the "Exhibit" submitted with the application. (P) Ayes: Jaeckle, Elswick, Holland and Gecker. Nays: None. Absent: Warren. 17. PUBLIC HEARINGS 17.A. TO CONSIDER LEASE OF REAL PROPERTY AT THE SOFTBALL COMPLEXES AT HARRY G. DANIEL PARK AT IRON BRIDGE AND WARBRO ATHLETIC COMPLEX FOR THE OPERATION OF SOFTBALL PROGRAMS Mr. Golden expressed his appreciation to representatives of the softball community who addressed some issues and provided insight relative to the lease. He stated as a result of some budget reductions, a transition from county operations to the current lease program began in the late winter of FY2010. He further stated Parks and Recreation began freezing vacant J J J 13-566 08/28/13 positions that were working on programs and maintenance for adult softball services. He stated remaining staff volunteers kept the program running through the summer and fall of FY2010. He further stated an RFP was advertised to a vendor to lease the facilities and the lease was awarded to David Tiller and Associates in August 2010. He stated for the softball seasons through 2013, about 3,500 adults played the sport on a regular basis. He noted the total number of participants was down 30 percent and the fees for teams to play had increased. He stated the county has received rental payments of $130,000 to date for the lease, with another $65,000 due in December 2013. He noted the number of tournaments on weekends has significantly increased. He stated Parks and Recreation staff resources for management of the lease since FY2010 were nonexistent because staff were laid off or had retired. He further stated maintenance staff worked with the vendor to repair plumbing and lighting on the fields. He stated Parks and Recreation over the last three years has missed some of the items that should have been done relative to management of the lease. He further stated the goal was to maximize the role of the vendor and minimize the role of staff in providing certain services. He stated the Parks and Recreation Department believes in the importance of having a viable adult softball program, with the direction of administration and the community. He stressed the importance of maintaining and improving the facilities. In response to Mr. Holland's question, Mr. Golden stated participation has declined by 30 percent since the years prior to FY2010. He further stated the difference in increases of fees apply to various programs. He stated fees have been steadily increasing since before FY2010 when the complexes were county-operated until after the lease took place. In response to Ms. Jaeckle's question, Mr. Golden stated adult sports have seen a decline in regions outside of Chesterfield County. In response to Mr. Elswick's question, Mr. Phil Innis stated softball fees in the area have increased and seem to be comparable to all localities. Mr. Elswick requested data relative to softball fees in neighboring localities. Ms. Jaeckle called for public comment. Mr. Phil Lohr urged the Board to defer consideration of the lease of real property until an audit is conducted. He stated there are issues within the contract that need to be resolved. Ms. Sallie Henskey urged the Board to direct the Parks and Recreation Department to manage the facilities and programs. Ms. Brenda Stewart urged the Board to disapprove the proposed award, re-advertise after some analysis and a formal request for information to the public and impose consequences for serious failures to take care of business. Ms. Judy Stoneman expressed concerns relative to a lack of accountability from county staff and use of alcohol on county premises. 13-567 08/28/13 Ms. Susan Parker stated the quality of fields has improved tremendously since Mr. Tiller has taken over responsibility. She urged the Board to dedicate and reinvest funds back into the softball fields and allow Mr. Tiller to continue improvements. Mr. Fletcher Johnson stated Mr. Tiller is overly committed to keeping the ball fields playable on the weekends. He urged the Board to award a new lease to David Tiller and Associates. Mr. Allan Harlow, president of the Chesterfield Senior Softball Association, urged the Board to award a new lease to David Tiller and Associates. Mr. Steve Johnson stated Mr. Tiller has improved the condition of the infields- immensely. He urged the Board to consider the citizens' requests. Mr. Freddy Boisseau urged the Board to defer consideration of the lease of real property until an audit is conducted. Mr. David "Butch" Tiller, president of Sports Nation, stated some of the accusations made by citizens are not true. He further stated the county needs make an investment in improvements and upgrades to the playing fields. He urged the Board to consider awarding him a new contract. There being no one else to address the issue, the public hearing was closed. In response to Mr. Elswick's question, Mr. Mincks stated the contract has not been awarded yet. Ms. Jaeckle stated Mr. Tiller meant that he recommends that a lease be awarded to him at the end of this year. Mr. Elswick expressed his appreciation to those citizens who spoke to the public hearing. He noted alcohol is not condoned in public parks. He then made a motion to advertise and complete a new request for proposal. Mr. Holland also expressed his appreciation to those citizens who spoke to the issue. He stated it is the Board's great expectation and obligation to insure that athletic programs are operated without fear and intimidation. He further stated revenue streams are essential to improve county facilities. He stated the best option for the county is to advertise and complete a new request for proposals. Mr. Gecker stated he has not listened to a public hearing where there have been completely divergent points of view expressed in terms of the underlying facts. He stressed the importance of the terms of a new request for proposal. He recommended waiting until the results of the audit are revealed until making a final decision. He stressed the importance of gathering the facts first before making judgment. He stated there seems to be an acknowledgement that the contract management piece could have been performed better on the county side. He noted the replacement lease is not one that he would approve. He stated the new lease should be for a longer term and provide an incentive for people to reinvest in the property and maintain them appropriately. J J 13-568 08/28/13 In response to Mr. Gecker's question, Ms. Snead stated the internal auditor predicted the audit process would take at least two months to complete. Ms. Jaeckle stated there seems opinion relative to the issue. feel comfortable reviewing the making a final decision. She and results should be expected property. to be a great difference in She further stated she would results of the audit before noted unintended consequences due to new management of the Mr. Holland seconded Mr. Elswick's original motion. Ms. Jaeckle made a friendly amendment to consider the results of the audit, before completing a new request for proposal. Mr. Elswick expressed concern with the timeframe of the audit process and did not accept Ms. Jaeckle's friendly amendment. Mr. Holland concurred with Mr. Elswick's concern. In response to Mr. Gecker's question, Mr. Golden stated the audit would address compliance with the salient terms of the lease and conditions of the fields, as well as, financial compliance. Mr. Elswick stated it is well known and documented that the conditions of the lease were not met. In response to Mr. Holland's question, Mr. Mincks stated certain requirements under the lease were not enforced by Parks and Recreation. Mr. Gecker stated a one-year substitute lease would not solve any long-term issues and maximizes people's incentives to do what is expected. He further stated if people are violating the terms of the lease, whether it be maintenance or financial terms, the county has the ability to terminate the agreement within a ten days' notice. Discussion ensued relative to performance criteria. In response to Ms. Jaeckle's question, Mr. Golden stated the current lease with Sports Nation was for a term of three years. Ms. Jaeckle expressed concerns relative to the term of the lease not allowing the lessee an opportunity to make improvements. Mr. Elswick stated he would be inclined to modify the initial term of the lease. In response to Mr. Elswick's question, Mr. Golden stated Parks and Recreation intended to award a long-term lease with a commitment by the vendor to make capital improvements to the infields, fencing and lighting and supplement county funds to do so. He further stated standards would be monitored to insure that improvements were made. He stated a five-year lease would be preferable, unless performance standards were not met. Mr. Elswick stated he would be willing to amend his motion to include an initial term of lease to be five years. 13-569 08/28/13 Mr. Holland stated he could agree to a longer period lease with the intention of managing the contract and insuring that performance standards are enforced. Mr. Holland seconded Mr. Elswick's amended motion. Ms. Jaeckle stated it would be difficult to draft a lease agreement without audit results. Mr. Elswick stated it was his understanding that Parks and Recreation wanted to resolve the issue because the current lease expires at the end of this year. Mr. Gecker stated whenever the county has -asked for something, Mr. Tiller has responded accordingly. He expressed concerns relative to Mr. Tiller being held accountable for county inactions. Mr. Elswick stated from his perspective, when Mr. Tiller signed the contract, he obligated himself to make improvements that were not made. Discussion ensued relative to conditions of the current contract. Ms. Jaeckle expressed concerns relative to lack of clarity and misunderstanding regarding conditions of the current contract. Mr. Mincks stated the motion was to advertise and complete a new request for proposal and amended with a five-year term of lease. Ms. Jaeckle called for a vote on the motion of Mr. Elswick, seconded by Mr. Holland, for the Board to approve to advertising and completing a new request for proposal with a five-year term of lease of real property at the softball complexes at Harry G. Daniel Park at Ironbridge and Warbro Athletic Complex. Ayes: Elswick and Holland. Nays: Jaeckle and Gecker. Absent: Warren. Mr. Mincks suggested deferring the issue to the next regularly scheduled meeting. Mr. Gecker suggested asking the auditor to make it a priority to complete the audit in a thirty-day timeframe. He also recommended to Parks and Recreation to draft a new request for proposal under the new terms. On motion of Mr. Gecker, seconded by Ms. Jaeckle, the Board deferred consideration of lease of real property at the softball complexes at Harry G. Daniel Park at Ironbridge and Warbro Athletic Complex until September 18, 2013. Ayes: Jaeckle, Holland and Gecker. Nays: Elswick. Absent: Warren. .J J J 13-570 08/28/13 17.B. TO CONSIDER AN AMENDMENT TO THE FBO SERVICES AND LEASE AGREEMENT WITH DOMINION AVIATION SERVICES, INCORPORATED ~. Mr. Dane stated this date and time has been advertised for a public hearing for the Board to consider an amendment to the FBO Services and lease agreement with Dominion Aviation Services, Incorporated. He further stated the Army National Guard Unit was recently placed under lease at the Airport. He stated in order to separate corporate and military operations and further improve safety and security at the Airport, county staff has proposed relocating the activities of the corporate aviation charter business conducted by the airport Fixed Base Operator (FBO) Dominion Aviation. He noted because the exchange of space will not materially impact the amount of space controlled by the FBO, there will be no adjustment in the lease payment required under the FBO agreement. Ms. Jaeckle called for public comment. Mr. Fred Mistr, a member of the Airport Advisory Board, expressed concerns relative to consideration of exchanging space between the county and the existing FBO. Mr. Rick Young, representing the Airport Advisory Board, stated the lease modification does not change how the airport will be operated. He urged the Board to approve the request. There being no one else to address the issue, the public hearing was closed. Mr. Holland expressed appreciation to members of the Airport Advisory Board for their hard work and commitment to the county. On motion of Mr. Holland, seconded by Mr. Elswick, the Board approved an amendment to the FBO Services and lease agreement with Dominion Aviation Services, Incorporated. Mr. Gecker expressed appreciation to members of the Airport Advisory Board for their comments. Ms. Jaeckle called for a vote on the motion made by Mr. Holland, seconded by Mr. Elswick, for the Board to approve an amendment to the FBO Services and lease agreement with Dominion Aviation Services, Incorporated. Ayes: Jaeckle, Elswick, Holland and Gecker. Nays: None. Absent: Warren. 17.C. TO CONSIDER AN AMENDMENT TO THE LEASE OF HANGAR SPACE AT THE COUNTY AIRPORT FOR USE BY THE DRUG ENFORCEMENT ADMINISTRATION Mr. Key stated this date and time has been advertised for a public hearing for the Board to consider an amendment to the lease of hangar space at the County Airport for use by the Drug Enforcement Administration and appropriate funds for hangar improvements. Ms. Jaeckle called for public comment. 13-571 08/28/13 There being no one to address the issue, the public hearing was closed. On motion of Mr. Holland, seconded by Mr. Elswick, the Board approved an amendment to the lease of hangar space at the County Airport for use by the Drug Enforcement Administration and appropriated funds for hangar improvements. Ayes: Jaeckle, Elswick, Holland and Gecker. Nays: None. Absent: Warren. 17.D. TO CONSIDER AN ORDINANCE TO VACATE AN EIGHT-FOOT EASEMENT ACROSS LOT 7, WINTERFIELD STATION, SECTION 2 Mr. Sasek stated this date and time has been advertised for a public hearing for the Board to consider an ordinance to vacate an eight-foot easement across Lot 7, Winterfield Station, Section 2. Ms. Jaeckle .called for public comment. There being no one to address the issue, the public hearing was closed. On motion of Mr. Gecker, seconded by Mr. Elswick, the Board adopted the following ordinance: AN ORDINANCE whereby the COUNTY OF CHESTERFIELD, VIRGINIA, ("GRANTOR") vacates to MICHAEL L. ATKINSON and VIRGINIA G. ATKINSON, ("GRANTEE"), an 8' easement across Lot 7, Winterfield Station, Section 2, 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 175, at Page 17. WHEREAS, MICHAEL L. ATKINSON and VIRGINIA G. ATKINSON, petitioned the Board of Supervisors of Chesterfield County, Virginia to vacate an 8' easement across Lot 7, Winterfield Station, Section 2, 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 175, Page 17, by BALZER AND ASSOCIATES, INC., dated OCTOBER 17, 2006, recorded JANUARY 25, 2007. The easement petitioned to be vacated is more fully described as follows: An 8' easement, across Lot 7, Winterfield Station, Section 2, the location of which is more fully shown on a plat made by EDWARDS, KRETZ, LOHR & ASSOCIATES, INC., dated MAY 15, 2008, a copy of which is attached hereto and made a part of this Ordinance. J J 13-572 08/28/13 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 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 easement be and is hereby vacated. 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 easement hereby vacated in the property owners of Lot 7, Winterfield Station, Section 2 free and clear of any rights of public use. Accordingly, this names of the COUNTY OF L. ATKINSON and VIRGINI title, as GRANTEE. Ordinance shall be indexed in the CHESTERFIELD as GRANTOR, and MICHAEL A G. ATKINSON, or their successors in Ayes: Jaeckle, Elswick, Holland and Gecker. Nays: None. Absent: Warren. 17.E. TO CONSIDER AN ORDINANCE AMENDMENT RELATED TO EXEMPTION FROM LICENSING TAXES ON MOTOR VEHICLES STORED ON PRIVATE PROPERTY FOR RESTORATION OR REPAIR OR TO REMOVE PARTS FOR THE REPAIR OF ANOTHER VEHICLE Mr. Mincks stated this date and time has been advertised for a public hearing for the Board to consider amendments to County Code Section 13-54 relating to exemption from licensing taxes on motor vehicles stored on private property for restoration or repair or to remove parts for the repair of another vehicle. Ms. Jaeckle called for public comment. There being no one to address the issue, the public hearing was closed. On motion of Mr. Holland, seconded by Mr. Elswick, the Board adopted the following ordinance: AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING AND RE-ENACTING SECTION 13-54 RELATING TO LICENSING TAXES ON MOTOR VEHICLES THAT ARE STORED ON PRIVATE PROPERTY FOR RESTORATION OR REPAIR OR TO REMOVE PARTS FOR REPAIR OF ANOTHER VEHICLE 13-573 08/28/13 BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Section 13-54 of the Code of the County of Chesterfield, 1997, as amended, is amended and re-enacted to read as follows: Chapter 13 MOTOR VEHICLES AND TRAFFIC 0 0 0 ARTICLE IV. COUNTY VEHICLE LICENSES AND OTHER REQUIREMENTS 0 0 0 Sec. 13-54. Same--Certain vehicles not displaying current plates. A registration fee of $100.00 shall be imposed upon the owner of every motor vehicle located in the county which vehicle does not display current license plates, and which is not exempted from the requirements of displaying such license plates under the provisions of Code of Virginia, §§ 46.2-650- -46.2-750, as amended, Code of Virginia, § 46.2-1554, as amended, Code of Virginia, § 46.2-1555, as amended, unless the vehicle is in a public dump, in an automobile graveyard as defined in Code of Virginia, § 33.1-348, as amended, or in the possession of a licensed junk dealer or licensed automobile dealer. Any vehicle which is stored on private property for restoration or repair or for_the purpose of removing parts for the repair of another vehicle shall be exempt from the provisions of this section. This section shall not apply to any vehicle being held or stored by or at the direction of any governmental authority, to any vehicle owned by a member of the armed forces on active duty, or to any vehicle regularly stored within a structure. (2) That this ordinance shall become effective immediately upon adoption. Ayes: Jaeckle, Elswick, Holland and Gecker. Nays: None. Absent: Warren. 17.F. TO CONSIDER AN ORDINANCE AMENDMENT RELATED TO THE LOCAL EXEMPTION FROM COMPLIANCE WITH FOOD REGULATIONS FOR CONCESSION STANDS AT YOUTH ATHLETIC FACILITIES Mr. Mincks stated this date and time has been advertised for a public hearing for the Board to consider amending Section 12-41 of the County Code to substitute the new, statewide exemption from state health food regulations for concession stands for youth athletic activities, for the former local exemption. Ms. Jaeckle called for public comment. There being no one to address the issue, the public hearing was closed. On motion of Mr. Holland, seconded by Mr. Elswick, the Board adopted the following ordinance: AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING AND RE-ENACTING SECTION 12-41 RELATING TO REGULATION OF FOOD AT COUNTY FAIRS AND CONCESSIONS AT YOUTH ACTIVITIES ,r J J 13-574 08/28/13 BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Section 12-41 of the Code of the County of Chesterfield, 1997, as amended, is amended and re-enacted to read as follows: Sec. 12-41. Applicability of state law. (a) The Code of Virginia, tit. 35.1, shall not apply to the county fairs sponsored by the Chesterfield County Fair Association. (b) Pursuant to Code of Virginia, ~ 35.1-25(7), as amended, the provisions of Code of Virginia, tit. 35.1 applicable to restaurants shall not apply to concession stands at youth athletic activities, if such stands are promoted or sponsored by a youth athletic association or by any charitable nonprofit organization or group thereof which has been recognized as being part of the recreational program of the county by ordinance or resolution. (c) The advisory standards issued by the state board of health are incorporated herein by reference and shall apply to the sale, preparation, serving, transporting and handling of food at such fairs. The county health officer or his designee shall supervise the sale, preparation, service, transporting and handling of food at such fairs. (d) It shall be the duty of the county's director of health, or a qualified person designated by him, to provide education and consultation, establish advisory standards and exercise appropriate supervision regarding the safe preparation, handling, protection and preservation of food at concession stands at youth athletic activities, to protect the public health. (2) That this ordinance shall become effective immediately upon adoption. Ayes: Jaeckle, Elswick, Holland and Gecker. Nays: None. Absent: Warren. 17.G. TO CONSIDER AN ORDINANCE AMENDMENT RELATIVE TO NEW REQUIREMENTS APPLICABLE TO THE BOARD OF EQUALIZATION OF REAL ESTATE ASSESSMENTS Mr. Mincks stated this date and time has been advertised for a public hearing for the Board to consider amending Section 9-14 of the County Code relative to new state law requirements for the county's Board of Equalization of Real Estate Assessments. Ms. Jaeckle called for public comment. There being no one to address the issue, the public hearing was closed. On motion of Mr. Holland, seconded by Mr. Elswick, the Board adopted the following ordinance: AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING AND RE-ENACTING SECTION 9-14, OF THE FINANCE AND TAXATION ORDINANCE RELATING TO REAL ESTATE ASSESSMENT PROCEDURES AND THE BOARD OF EQUALIZATION 13-575 08/28/13 BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Section 9-14 of Chesterfield, 1997, as amended, read as follows: the Code of the County of is amended and re-enacted to Chapter 9 FINANCE AND TAXATION 0 0 0 Sec. 9-14. - Real estate assessments and reassessments- Procedures. The assessor and the board of equalization shall follow the following procedures in the assessment of real estate in the county: (a) The real estate assessment office shall notify each affected taxpayer in writing on or before February 1 of any year in which the assessor makes a new or changed assessment. The notice shall be mailed to the last known address shown on the county land books. (b) Any affected taxpayer, or person with a substantial legal or equitable interest in the property involved, or any duly appointed representative of such persons, or any authorized representative of the county board of supervisors may file a written protest and appear before the assessor and present objections to the assessment by March 15 of the year in which the assessor makes a new or changed assessment. An executed and properly notarized letter from the property owner designating an appointed representative for the taxpayer shall be presumed to be a valid designation from the taxpayer, and the person whose signature is notarized shall be presumed to have the authority to designate such representative on behalf of the taxpayer. (c) Such person may also, after filing a written protest with and appearing before the assessor as provided in subsection (b), file a request for relief of the assessment with the board of equalization no later than April 15 of the year in which the assessor makes a new or changed assessment. The request shall be made on forms prescribed by the board of equalization and made available through the office of real estate assessments. The postmark date shall be considered the date of receipt of the request. The board of equalization of real estate assessments shall provide all those requesting relief an opportunity to be heard in person, with witnesses, and by counsel, but may also allow submissions of memoranda verified under oath. (d) In any appeal of the assessment of residential property filed by a taxpayer as an owner of real property containing less than four residential units (i) to the board of equalization pursuant to Code of Virginia § 58.1-3379, or (ii) to circuit court pursuant to Code of Virginia § 58.1- 3984, the assessor shall send the taxpayer a written notice provided for in this subsection. Such notification shall be on the first page of such notice and be in bold type no smaller than fourteen points and mailed to, or posted at, the last known address of the taxpayer as shown on the current real estate tax assessment records. Notice under this J J J 13-576 08/28/13 subsection shall satisfy the notice requirements of Code of Virginia § 58.1-3331. In an appeal before the board of equalization, such written notice may be contained in the written notice of the hearing date before the board. For all applicable assessments on or after January 1, 2012, such written notice shall: (a) be given at least 45 days prior to the hearing of the taxpayer's appeal; (b) include a statement informing the taxpayer of his rights under Code of Virginia § 58.1-3331 and this section to review and obtain copies of all of the assessment records pertaining to the assessor's determination of fair market value of such real property; and (c) advise the taxpayer of his right to request that the assessor make a physical examination of the subject property. Furthermore, in any such appeal by a taxpayer as owner of real property containing less than four residential units, the assessor upon written request shall provide the taxpayer or his duly authorized representative copies of the assessment records set out in subsections A, B, and C of Code of Virginia § 58.1-3331 pertaining to the assessor's determination of fair market value of the property under appeal. In an appeal to the board of equalization, the assessor shall provide such records within 15 days of the written request. In an appeal to the circuit court, any such written request by the taxpayer or his duly authorized representative shall be made following the filing of the appeal to circuit court and no later than 45 days prior to trial, unless otherwise provided by an order of the .court. Provided the written request is made in accordance with Code of Virginia ~ 58.1-3984 and this subsection or any applicable court order, the assessor shall provide such records within 15 days of the written request. If the assessor fails to provide the assessment records set out in subsections A, B, and C of Code of Virginia § 58.1- 3331 after written request as addressed above, the assessor shall present the following into evidence prior to the presentation of evidence by the taxpayer at the hearing before the board of equalization or the circuit court, as applicable: (i) copies of the assessment records maintained by the assessor under Code of Virginia § 58.1-3331, (ii) testimony that explains the methodologies employed by the assessor to determine the assessed value of the property, and (iii) testimony that states that the assessed value was arrived at in accordance with generally accepted appraisal practices, procedures, rules, and standards as prescribed by nationally recognized professional appraisal organizations such as the International Association of Assessing Officers (IAAO) and applicable Virginia law regarding the valuation of property. (e) The board of equalization shall publish notice in a newspaper having general circulation in the county, giving the regular time and place of its hearings, and instruct the sheriff to post such a notice at the courthouse and at each voting precinct, at least ten days prior to each sitting in accordance with Code of Virginia, § 58.1-3378. (f) The board of equalization shall rule upon all protested assessments within 90 days from the date of hearing or by June 15, whichever occurs first. The board shall certify to the assessor all of its actions that affect assessments of real estate in the county. 13-577 08/28/13 (g) The board of equalization shall hear and determine all appeals and, by order, may increase, decrease or affirm the assessment of which complaint is made. Furthermore, the board of equalization, by order, may increase or decrease any assessment upon its own motion. However, no assessment shall be increased until after the owner of the property has been notified and given an opportunity to show cause against such increase. Upon considering an appeal, nothing shall be construed to prohibit consideration of any statement of income and expense or market sales that occurred through December 31, prior to the effective date of the assessment, so long as such information is submitted to the board no later than April 15. No studies or analyses published after December 31 immediately preceding the effective date of the assessment shall be considered in an appeal filed relating to that assessment. An appeal before the board of equalization regarding an assessment on residential property shall not be denied on the basis of a lack of information on the application, as long as the application includes the address, the tax parcel number, and the owner's proposed assessed value for the property. An appeal before the board of equalization regarding an assessment on commercial, multi-family residential, or industrial property on the basis of fair market value shall not be denied on the basis of a lack of information on the application, as long as documentation of any applicable assessment methodologies is submitted with the application, and the application includes the address, the parcel number, and the owner's proposed assessed value for the property. In addition, no assessment shall be increased on commercial, multi-family residential, or industrial property unless such increase is recommended by the assessor in compliance with the provisions of § 58.1-3379. (h) .The assessor's office shall prepare notice of the decisions of the board of equalization in triplicate and one copy shall be filed with the minutes of the board of equalization, one copy shall be filed with the records of the director of real estate assessments and one copy shall be mailed, first class, to the protestant and affected taxpayer. (i) If no one files an application for relief by April 15, the board of equalization shall be deemed to have discharged its duties. (2) That this ordinance shall become effective immediately upon adoption. Ayes: Jaeckle, Elswick, Holland and Gecker. Nays: None. Absent: Warren. J J J 13-578 08/28/13 17.H. TO CONSIDER AN ORDINANCE AMENDMENT RELATIVE TO RECORDS OF IDENTIFICATION TO BE MAINTAINED BY PRECIOUS METALS DEALERS AND PAWNBROKERS Mr. Mincks stated this date and time has been advertised for a public hearing for the Board to consider amending Sections 15-136, 15-137, 15-139 and 15-255 of the County Code to require precious metals dealers and pawnbrokers to make a digital picture of the form of identification used by persons pawning or selling goods; to require that the form of identification include a photograph of the person; and to prohibit a pawnbroker from pawning or accepting any item for which the serial number on the item is removed or altered. In response to Mr. Elswick's question, Mr. Mincks stated state law requires changes. Ms. Jaeckle called for public comment. There being no one to address the issue, the public hearing was closed. On motion of Mr. Holland, seconded by Mr. Elswick, the Board adopted the following ordinance: AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING AND RE-ENACTING SECTIONS 15-136, 15-137, 15-139 AND 15-255 RELATING TO PRECIOUS METALS DEALERS AND PAWNBROKERS, AND PROVIDING FOR A PENALTY BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Sections 15-136, 15-137, 15-139 and 15-255 of the Code of the County of Chesterfield, 1997, as amended, is amended and re-enacted to read as follows: Sec. 15-136. Information from sellers or borrowers. Dealers shall ascertain the full name, residence address, work address, home and work telephone numbers, age, height, weight, date of birth, race, gender, hair and eye color, and other identifying marks of sellers of precious metals or gems or borrowers offering precious metals or gems as security therefor and shall require the seller or borrower to verify his identification through two forms of identification, one of which must be a photo identification issued by a governmental agency. Dealers shall record the type of identification offered, including the issuing agency and the number thereon. Dealers shall also take a digital image of the form of identification used by the person. Sec. 15-137. Records, copies of bills of sale required; right of entry of law-enforcement officials. (a) Every dealer shall maintain adequate records to reflect the information listed below which shall appear on bills of sale. The form of the bill of sale shall be provided by the chief of police. One copy of the bill of sale shall be retained by the dealer for not less than 24 months, one copy shall be delivered during regular county work hours to the chief of police at his office within 24 hours of the sale and 13-579 08/28/13 one copy shall be delivered to the seller of such precious metals or gems or borrower whose loan is secured by precious metals or gems. If the purchase or loan occurs during a weekend then the delivery to the chief of police shall be made no later than 10:00 a.m. of the next regular county work day. Every dealer shall furnish the information required by this section in a manner prescribed by the chief of police, which may include electronic format. The required information is as follows: (1) The name of the dealer and his employer or principal, if any. (2) A complete description of each item, including weight, and all names, initials, serial numbers or other identifying marks or monograms appearing on the items and the price paid for each item. (3) The date, time and place of receiving the items. (4) The name, residence address and phone number, work address and telephone number, age, sex, race, height, weight, hair and eye color, other identifying marks, date of birth, driver's license number or other identification number and signature of the seller or borrower. (5) Verification of the identification of the seller or borrower by the exhibition of a government-issued identification bearing a photograph of the person selling the precious metals or gems, including the type of identification exhibited, the issuing agency and the number thereon. (6) A statement of ownership from the seller or borrower. (7) A digital image of the form of identification used by the person involved in the transaction. (b) In addition to the information required to be maintained in subsection (a), every dealer shall also maintain within its records a photograph of each item received. (c) Every dealer shall admit to his premises during regular business hours the chief of police, his sworn designee, or any law-enforcement official of the state or federal governments, and shall permit the chief of police or other such law-enforcement official (i) to examine all records required by this article and any item listed in a record which is believed by the chief of police or official to be missing or stolen, and (ii) to search for and take into possession any item known to him to be missing or known or believed by him to have been stolen. Sec. 15-139. Dealer to retain purchases. (a) The dealer shall retain all precious metals or gems purchased or given as security for a loan for a minimum of 15 calendar days from the time of filing the bill of sale with the chief of police. During such period of time the dealer shall not sell, alter or dispose of any item containing J J 13-580 08/28/13 precious metals or gems, in whole or in part, or remove such items from the county. (b) Each dealer shall keep and maintain for at least 24 months after the waiting period required by subsection (a), an accurate and legible record of the name and address of the person to whom he sells any precious metal or gem in its original form. This record shall also show the name and address of the seller or borrower from whom the dealer obtained such item, including the information required by Section 15-137. Sec. 15-255. Periodic reports required from pawnbrokers to the police department. (a) Pursuant to Code of Virginia, §§ 54.1-4009 and 54.1-4010, every pawnbroker conducting business in the county shall prepare a daily report of all goods, articles or things pawned or pledged with him or sold to him that day and shall file such report by noon of the following day with the chief of police of the county. The report shall include the pledgor's or seller's name, residence, and driver's license number or other form of government-issued identification bearing a photograph of the person pawning, pledging or selling the goods, articles, or thing, a photograph or digital image of the form of identification used by the pledgor or seller; and a description of the goods, articles or other things pledged. Pawnbrokers are required to maintain and file the daily report electronically through the use of a disk, electronic transmission, or any other electronic method of reporting approved by the chief of police of the county, or a law-enforcement officer designated by him. (b) No goods, article, or thing shall be pawned or pledged or received on account of money loaned or purchased for resale if the original serial number affixed to the goods, article, or thing has been removed, defaced, or altered. (c) Any person, firm or corporation violating any of the provisions of this section shall be guilty of a Class 4 misdemeanor. (2) That this ordinance shall become effective immediately upon adoption. Ayes: Jaeckle, Elswick, Holland and Gecker. Nays: None. Absent: .Warren. 18. REMAINING MANUFACTURED HOME PERMITS AND ZONING REQUESTS There were no remaining requests for manufactured home permits or rezoning at this time. 19. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED MATTERS Mr. William E. Quarles, Jr., former Goochland Board of Supervisors chairman, introduced himself to the Board and announced his plans to run for the Virginia House of Delegates. 13-581 08/28/13 20. ADJOURNMENT Mr. Holland made a motion, seconded by Mr. Elswick, for the Board to adjourn until September 18, 2013 at 3:00 p.m. In regards to discussion held at the afternoon session relative to renewal of health care contracts, Mr. Stegmaier stated the School Board has not made a decision regarding the allocation of premiums between the employees and the employer; however, the contracts were approved. Ms. Jaeckle called for a vote on the motion made by Mr. Holland, seconded by Mr. Elswick for the Board to adjourn at 9:50 p.m. until September 18, 2013 at 3:00 p.m. Ayes: Jaeckle, Elswick, Holland and Gecker. Nays: None. Absent: Warren. a J mes .L S e mai Doro y A. aeckle ounty inistrator Chairman J J 13-582 08/28/13