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2012-06-27 MinutesBOARD OF SUPERVISORS MINUTES June 27,.2012 Supervisors in Attendance: Staff in Attendance: Mr. Daniel A. Gecker, Chairman Dr. Sheryl Bailey, Dep. Ms. Dorothy A. Jaeckle, Vice Chrm. County Administrator, Mr. Arthur S. Warren Management Services Mr. James M. Holland Ms. Janice Blakley, Mr. Stephen A. Elswick 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. Richard Cordle, Treasurer Mr. Roy Covington, Dir., Utilities Ms. Mary Ann Curtin, Dir., Intergovtl. Relations Mr. Will Davis, Dir., Economic Development Mr. William Dupler, Dep. County Administrator, Community Development Mr. Robert Eanes, Asst. to the County Administrator Mr. Michael Golden, Dir., Parks and Recreation Mr. John W. Harmon, Real Property Manager Mr. Joe Horbal, Commissioner of Revenue Dr. Parham Jaberi, Dir. Health Department Mr. Donald Kappel, Dir., Public Affairs Mr. Rob Key, Director, General Services Ms. Mary Martin Selby, Dir., Human Resource Services Mr. R. John McCracken, Dir., Transportation Mr. Richard M. McElfish, Dir., Env. Engineering Mr. Jeffrey L. Mincks, County Attorney 11-348 Sheriff Dennis Proffitt, Sheriff's Department Chief Edward L. Senter, Fire Department Ms. Marsha Sharpe, Dir., Social Services Ms. Sarah Snead, Dep. County Administrator, Human Services Mr. Kirk Turner, Dir., Planning Mr. Scott Zaremba, Dir., Human Resource Programs Mr. Gecker called the regularly scheduled meeting to order at 3:01 p.m. 1. APPROVAL OF MINUTES FOR MAY 23, 2012 On motion of Mr. Holland, seconded by Ms. Jaeckle, the Board approved the minutes for May 23, 2012, as submitted. Ayes: Gecker, Jaeckle, Warren, Holland and Elswick. Nays: None. 2. COUNTY ADMINISTRATOR'S COMMENTS 2.A. COUNTY ADMINISTRATOR'S REPORT • Mr. Stegmaier was happy to report that Capital One announced today that it will. invest more than $150 million to establish a new data center in the county's Meadowville Technology Park. • Mr. Stegmaier also reported that Sabra Dipping Company announced last week that it is undertaking a significant expansion of its plant located in the Ruffin Mill Industrial Park, as well as constructing a new research and development facility. • Mr. Stegmaier recognized the efforts of Mr. Richard Cordle and staff in the Treasurer's Office for providing excellent customer service during the tax season. He also recognized Mr. Joe Horbal, Commissioner of the Revenue, and his staff for the work they perform on the front end of the tax assessment process, making it effective and efficient. He congratulated Mr. Cordle on being selected as the 2012 Treasurer of the Year by the Virginia Treasurer's Association. • Mr. Stegmaier reported that in June the county successfully refinanced almost $20 million certificates of participation which resulted in a present value savings of $1.1 million or approximately 5% of the value of the certificates refinanced. The successful bidder was Guggenheim Securities, which purchased the certificates at a true interest cost of 2.190. • Mr. Stegmaier noted the Board of Supervisors is to be commended for its decision last fall to participate in VDOT's revenue sharing program for road projects. He stated VDOT just approved $10 million in matching funds which, together with the county's $10 million commitment, will fund many significant road improvement projects. J J J 11-349 2.B. VIRGINIA DEPARTMENT OF TRANSPORTATION PRESENTATION REGARDING THE I-95 CORRIDOR IMPROVEMENT PROGRAM Mr. Mike Estes, the Commissioner's Director of Strategic Initiatives for VDOT, presented VDOT's proposals related to instituting a toll for improvements to I-95. In response to Mr. Holland's questions regarding funding sources of North Carolina and Maryland, Mr. Estes stated Maryland has done a lot with tolling to offset some of their revenue needs. He further stated the gas tax in North Carolina is 19 cents more than the Virginia gas tax and they are eligible for the same federal revenue. He stated North Carolina is looking to upgrade I-95 through tolling to raise around $4 billion. He further stated impact to Chesterfield County would be minimal from a local travel perspective. He stated Chesterfield County could potentially benefit through future projects. He further stated a six-year period is implemented to pay back capital costs associated with tolling. He stated tolls could commence with a $4 fee by next year. Mr. Holland expressed concerns with duration of the tolling period and the significant amount of money. In response to Mr. Warren's question, Mr. Estes stated 70-80 percent of Virginia travelers are out of state. In regards to moving forward with the proposal, he further stated VDOT wants to submit its application for the toll program to the Federal Highway Administration this summer, hold public hearings on their decision and have a tolling agreement in place by the end of the year. He stated there is gross revenue of $48 million per one cent of Virginia gas tax. Ms. Jaeckle expressed concerns relative to the location of the proposed toll. In response to Ms. Jaeckle's concerns, Mr. Estes stated the location of tolling is in one of the more economically distressed parts of the corridor. He further stated VDOT has discussed implementing a commuter incentive program. In response to Mr. Elswick's questions, Mr. Estes stated revenue generated in parts of Northern Virginia is increased based on traffic volume. He further stated additional tolls, aside from the current proposal, would have to go through the same process with the Federal Highway Administration. In response to Mr. Gecker's questions, Mr. Estes stated the tolling plan would raise $40 million a year. He further stated one of the rules of the program restricts Virginia's use of interstate maintenance dollars on the proposed facility. He stated with the inability to use that money there would be a zero sum on the amount of maintenance money and construction money that is currently being used on the interstate. He further stated VDOT calculates the road will need $12.1 billion in work over the next 25 years, with only $2.5 billion available during that time, leaving a $9.6 billion funding gap• In response to Mr. Holland's question regarding the possibility of a 30-year duration, Mr. Estes stated currently a horizon has not been set on tolling. He stressed the importance of voicing concerns and feedback relative to the current scenario. Mr. Gecker expressed appreciation for Mr. Estes' informative presentation. 11-350 HURRICANE IRENE UPDATE Ms. Emily Ashley, Emergency Management Coordinator, updated the Board on emergency preparedness actions since Hurricane Irene last August. In response to Mr. Elswick's questions, Ms. Ashley stated a better partnership is in place between the county and Virginia Dominion Power to evaluate the process of placing crews together after a storm. She further stated county crews can remove trees from roadways if there are no safety hazards . In regards to shelters, she stated Virginia State University is currently being used as a state shelter, but there are plans for local capabilities. In regards to the 500 citizens waiting for citizen emergency training, she stated grant funds are being reallocated to continue to provide training. Mr. Gecker noted departmental funding for citizen emergency training is pertinent. In response to Mr. Holland's questions, Ms. Ashley stated plug-in capabilities for generators are needed to operate shelters. She further stated there is a very limited amount of personnel resources that are needed to open shelters. Mr. Holland stated there is a critical need for a shelter in the northern part of the county. In response to Mr. Holland's question, Ms. Ashley stated libraries supply critical sources of information to citizens after an emergency situation. In response to Ms. Jaeckle's question, Ms. Ashley stated L. C. Byrd High School is slated to receive a generator. In response to Mr. warren's question, Ms. Ashley stated Manchester Middle School will remain a shelter. She further stated other schools are being considered for shelter capabilities. Ms. Jaeckle stated the shelters were used far less during Hurricane Irene than during Hurricane Isabel. She further stated the citizenry were better prepared for the storm. Mr. Warren commended Ms. Ashley's impeccable reputation and tremendous work ethic. Mr. Stegmaier recognized members of the Emergency Management Division. 3. BOARD MEMBER REPORTS Mr. Holland proudly announced that his daughter is getting married this weekend. Ms. Jaeckle announced she recently had the opportunity to visit a very impressive small business, Progressive Engineering Co., a precision gear and machine parts manufacturer located in Chester that employs a number of students from the Tech Center. Mr. Gecker was pleased to report that two James River High School graduates Miss Kellie Wells and Miss Shannon Taylor are headed to the 2012 Olympics in London. J J J 11-351 4. REQUESTS TO POSTPONE AGENDA ITEMS AND ADDITIONS, DELETIONS OR CHANGES IN THE ORDER OF PRESENTATION On motion of Mr. Warren, seconded by Mr. Holland, the Board deleted Item 8.C.17.g., Request for Permission from Foxfield Construction, Incorporated to Encroach Within Two Fifty-Foot Unimproved County Rights of Way Within River's Trace Sections B and F; added Item 8.C.5.d., Transfer of District Improvement Funds from the Midlothian District Improvement Fund to the Parks and Recreation Department to Purchase Materials to Erect a Pavilion at Huguenot Park to Honor the Memory of Corporal William Kyle Middleton; added Item 8.C.26., Authorization to Award a Construction Contract for the Robious Road Widening Bond Project from Twin Team Lane to Robious Forest Way; replaced Item 9.B., Report on Status of General Fund Balance, Reserve for Future Capital Projects, District Improvement Funds and Lease Purchases; and replaced Item 14.A., Resolution Recognizing Croxton's Inc. on its 40th Anniversary as a Valued Member of Chesterfield County's Business Community. Ayes: Gecker, Jaeckle, Warren, Holland and Elswick. Nays: None. 5. RESOLUTIONS 5.A. RECOGNIZING DR. THOMAS PAKURAR FOR HIS OUTSTANDING CONTRIBUTIONS TO CHESTERFIELD COUNTY Mr. Kappel introduced Dr. Thomas Pakurar, who was present to receive the resolution. On motion of Mr. Warren, seconded by Mr. Elswick, the Board adopted the following resolution: WHEREAS, Dr. Thomas Pakurar is a longtime resident of Chesterfield County, Virginia; and WHEREAS, Dr. Pakurar holds a baccalaureate degree in Chemical Engineering from Cornell University, Ithaca, New York; a Master of Chemical Engineering degree from the University of Delaware in Newark, Delaware; and a Ph.D., also from the University of Delaware; and WHEREAS, he worked for the DuPont corporation in Chesterfield County for 38 years, including a 5-year assignment in Luxembourg; and WHEREAS, Dr. Pakurar volunteered his expertise, and countless hours of his time, to his work for the Hands Across the Lake organization in Chesterfield County; and WHEREAS, in his capacity as a Hands Across the Lake volunteer, Dr. Pakurar shared his scientific and technical knowledge to protect the Swift Creek Reservoir, one of the county's important drinking-water sources; and WHEREAS, under Dr. Pakurar's leadership, Hands Across the Lake became a respected and persuasive voice for preserving this vital drinking-water source; and WHEREAS, he also served on the county's Watershed Management Committee from 1993 to 1997; and WHEREAS, this committee recommended a 0.22 lb/per acre/per year phosphorous runoff level from new residential development in the Upper Swift Creek watershed; and 11-352 WHEREAS, this standard was designed to protect the reservoir and to keep it viable for years to come as a drinking-water source; and WHEREAS, in 2003, Dr. Pakurar became a state-certified storm-water runoff inspector; and WHEREAS, Dr. Pakurar took more than 3,000 photographs of erosion control installations and also took aerial photographs of Swift Creek Reservoir to track and understand the effects of runoff; and WHEREAS, Dr. Pakurar was a knowledgeable speaker at many Planning Commission and Board of Supervisors meetings, where he helped Chesterfield County officials understand the special requirements of the soils within the Upper Swift Creek watershed; and WHEREAS, his expert advice and insights have greatly assisted with the establishment of best-practice techniques to guide future development. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 27th day of June 2012, publicly recognizes the many outstanding contributions of Dr. Thomas Pakurar to Chesterfield County, Virginia, and expresses, on behalf of the residents of Chesterfield County, its appreciation for his wisdom, leadership and dedication over many years. AND, BE IT FURTHER RESOLVED that a copy of this resolution be presented to Dr. Pakurar and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Ayes: Gecker, Jaeckle, Warren, Holland and Elswick. Nays: None. Mr. Warren commended Dr. Pakurar for his many exceptional contributions to the county. Members of Hands Across the Lake introduced themselves. Dr. Pakurar expressed his appreciation to the Board for the special recognition. 5.B. RECOGNIZING DEPUTY FIRST CLASS JOSEPH B. MONEYMAKER, SHERIFF'S OFFICE, UPON HIS RETIREMENT Sheriff Proffitt introduced Deputy First Class Joseph B. Moneymaker, who was present to receive the resolution. On motion of Mr. Gecker, seconded by Mr. Holland, the Board adopted the following resolution: WHEREAS, in June 1984, Mr. Joseph B. Moneymaker joined the Chesterfield County Sheriff's Office as a deputy under the late Sheriff Emmett L. Wingo, .and faithfully served Sheriffs John Mutispaugh, Walter Minton, Clarence G. Williams, Jr. and current Sheriff Dennis S. Proffitt; and WHEREAS, in November 1984, Deputy Moneymaker was promoted to Corporal working in the jail; and WHEREAS, in July 1991, Deputy Moneymaker was transferred to the Jail Classification Unit, where he worked for many years as coordinator of the Work Release and Home Incarceration Programs; and J J J 11-353 WHEREAS, in April 2005, Deputy Moneymaker was transferred to the Civil Process Unit, where he served until retirement; and WHEREAS, in 2008, Deputy Moneymaker met all requirements to earn the status of Deputy First Class; and WHEREAS, Deputy First Class Moneymaker holds the unique distinction of having been permanently or temporarily assigned to every sworn non-supervisory role in the Sheriff's Office at some point during his career; and WHEREAS, Deputy First Class Moneymaker has received numerous awards, letters of appreciation and commendations from within and outside of the county for his contributions; and WHEREAS, Deputy First Class Moneymaker has served with tremendous competency, a positive attitude, great enthusiasm and wonderful sense of humor. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 27th day of June 2012, publicly recognizes the outstanding contributions of Mr. Joseph B. Moneymaker, expresses the appreciation of all residents for his service to Chesterfield County, and extends appreciation for his dedicated service to the county and congratulations upon his retirement, as well as best wishes for a long and happy retirement. AND, BE IT FURTHER RESOLVED that a copy of this resolution be presented to Mr. Moneymaker, and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Ayes: Gecker, Jaeckle, Warren, Holland and Elswick. Nays: None. Mr. Warren expressed appreciation to Mr. Moneymaker for his dedicated service to the county and wished him a happy retirement. Mr. Moneymaker, accompanied by his family, expressed his appreciation to the Board for the recognition and to the county employees with whom he worked. Mr. Stegmaier presented Mr. Moneymaker with an acrylic statue and county watch and expressed appreciation for his outstanding service to the county. 5.C. RECOGNIZING MASTER DEPUTY JAMES E. HARVEY, JR., SHERIFF'S OFFICE, UPON HIS RETIREMENT Sheriff Proffitt introduced Master Deputy James E. Harvey, Jr., who was present to receive the resolution. On motion of Mr. Elswick, seconded by Mr. Holland, the Board adopted the following resolution: WHEREAS, iri May 1987, Mr. James E. Harvey, Jr. joined the Chesterfield County Sheriff's Office as a deputy under the late Sheriff Emmett L. Wingo, and faithfully served Sheriffs John Mutispaugh, Walter Minton, Clarence G. Williams, Jr. and current Sheriff, Dennis S. Proffitt; and 11-354 WHEREAS, Deputy Harvey has utilized his knowledge, skills and abilities working in several different operational areas such as investigations, jail security, classification and the inmate workforce program; and WHEREAS, Deputy Harvey was one of the original members of the Sheriff's Office Special Operations Response Team; and WHEREAS, Deputy Harvey has produced significant cost savings for the county by utilizing his skills to complete facility maintenance and renovation projects for the Sheriff's Office and jail; and WHEREAS, in June 2007, Deputy Harvey met all requirements to obtain the status of Master Deputy; and WHEREAS, Master Deputy Harvey has been assigned to the Sheriff's Office Training Academy since 2007, where he has worked as a firearms and general instructor for all sworn employees and as a training officer for recruit academies; and WHEREAS, Master Deputy Harvey was selected Employee of the Quarter in April 1994 and was an Employee of the Quarter nominee in April 1999; and WHEREAS, Master Deputy Harvey received a Unit Citation Award for his role in the implementation of several initiatives that improved the quality of training available to Sheriff's Office staff; and WHEREAS, Master Deputy Harvey received the Top Gun award in 2011 for his demonstration of firearms proficiency; and WHEREAS, Master Deputy Harvey has received letters of appreciation and commendations from several departments within the county and many organizations outside the county. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 27th day of June 2012, publicly recognizes the outstanding contributions of Mr. James E. Harvey, Jr., expresses the appreciation of all residents for his service to Chesterfield County, and extends appreciation for his dedicated service to the county and congratulations upon his retirement, as well as best wishes for a long and happy retirement. AND, BE IT FURTHER RESOLVED that a copy of this resolution be presented to Mr. Harvey, and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Ayes: Gecker, Jaeckle, Warren, Holland and Elswick. Nays: None. Mr. Gecker commended Mr. Harvey for his faithful service to the county and wished him a happy retirement. Mr. Stegmaier presented Mr. Harvey with an acrylic statue and county watch and expressed appreciation for his outstanding service to the county. Mr. Harvey, accompanied by his family, expressed his appreciation to the Board for the recognition and for the honor of serving Chesterfield County. Ms. Jaeckle highly praised Mr. Harvey for his dedicated service to the county. J J J 11-355 6. WORK SESSIONS 6.A. REVIEW 2012 GENERAL ASSEMBLY LEGISLATION Mr. Mincks summarized 2012 General Assembly legislative changes requiring Board action, as well as optional legislative changes permitting Board action, and provided staff's recommendations for the legislative changes. In response to Mr. Decker's question regarding item 4, Mr. Mincks stated the amount of the clean-up for a methamphetamine lab associated with the conviction would be a civil part of the criminal process. He further stated the amounts comparable are not accounted for in the criminal system. In response to Mr. Elswick's question regarding item 4, Mr. Mincks stated those associated with manufacturing methamphetamines usually have money for which a judgment can be paid. In response to Mr. Decker's question regarding forfeiture laws, Mr. Mincks stated it is not an option at this time, but there is still the ability to recover. In response to Mr. Decker's question regarding item 5, Mr. Mincks stated there is a criminal process to prosecute a person falsely representing that he holds a contractor's license when he does not; with an added penalty. He further stated it is a civil penalty that accrues for the benefit of the county. He stated the civil penalty is not based on expenditures the county has; it is a punitive civil penalty, which is intended to punish financially. In response to Mr. Decker's question regarding item 6, Mr. Mincks stated legislation is broad enough to allow someone on a payment plan to apply for land use changes. He further stated staff is not united around these changes and action requires additional study. In response to Mr. Holland's question regarding item 6, Mr. Mincks stated this particular issue is rare locally and statewide. He noted it is a means of collection. Mr. Decker stated he would personally be inclined to set a public hearing on item 4 and refer item 6 to staff, although it does not indicate support of the item with further study warranted. In regards to item 5, he stated adding a civil penalty to a criminal case is not an appropriate action for the county to take. He further stated his recommendation would include setting a public hearing for items 1-4 and referring item 6 to staff. On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board set the date of July 25, 2012, as a public hearing to consider amending the County Code to provide that "precious metal dealers" must hold the metals (or gems) they purchase for 15 days from the date that the purchase is reported to the Police Department. And, further, the Board set the date of August 22, 2012, as public hearings (a) to consider amending County Code to eliminate the requirements for concealed weapons permit applicants to submit their fingerprints with their 11-356 applications; (b) to considering amending the County Code to recognize a statutorily-mandated exemption from consumer utility tax on the sale of natural gas to a public utility which is used to generate electricity; and to consider adopting an ordinance making a person convicted of manufacturing methamphetamines liable for the cost of cleaning up the methamphetamines lab associated with the conviction. And, further, the Board referred to Planning, Building Inspection, Environmental Engineering and the Treasurer for study and recommendation legislative changes relative to amending the County Code to require the payment of delinquent county taxes and fees before a person can obtain land use approve or a county license. Ayes: Decker, Jaeckle, Warren, Holland and Elswick. Nays: None. 6.B. ANNUAL REVIEW OF CASH PROFFER CALCULATIONS AND ADOPTION OF A MAXIMUM CASH PROFFER AMOUNT PER DWELLING UNIT FOR FY2013 Mr. Carmody provided a summary of results of the cash proffer program. He stated approximately $536.3 million has been proffered to date; $65.5 million collected; and $60.3 million appropriated. He further stated more than 41,877 lots have been created with cash proffers and 11,069 lots have paid cash proffers. He reviewed the annual collection trends and the payment timeframe. He stated the calculated cost for FY2012 is $23,747 per dwelling unit, which is 16.9 percent lower than last year's calculated cost of $28,567. He further stated the change in the calculated impact is predominantly a result of a reduction in the road component of the calculation. He stated the increased state funding made available through the Revenue Sharing Program resulted in a larger credit, and thus a lower cost, in the road calculation. He stated state law allows the dollar amount of previously accepted cash proffers to be adjusted annually based on changes in the Marshall & Swift Building Cost Index, which has increased 3.9 percent since last year. In closing, he stated the Cash Proffer Policy automatically adjusts the cash proffer amount on previously approved cases by the amount of change in the Marshall & Swift Building Cost Index, reflective of changes in building construction costs, on an annual basis. Mr. Decker stated there are two issues related to the adoption of the proffer amount, one being the maximum cash proffer acceptable under the policy and the timing of payment after the completion of final inspection and prior to the issuance of a certificate of occupancy enacted by the General Assembly. In response to Mr. Decker's question, Mr. Carmody stated during the 2012 General Assembly the sunset of the law to change the timing of collection of cash proffers was extended. Mr. Holland expressed his appreciation for Mr. Carmody's presentation and comparative analysis. In response to Mr. Holland's questions, Mr. Carmody stated the pace of getting zoning approved is a big driver in terms of what the average payment amount could be. He further stated a newer zoning case may not yet be through the subdivision J J J 11-357 process. He further stated the Richmond region as a whole ranks third best out of its specific pier group in terms of affordable housing. In regards to other localities relative to proffers, he stated there is some movement amongst different localities such as Hanover and Chesapeake about what to do with proffers going forward. In regards to the new Comprehensive Plan relative to cash proffers, he stated guidance from the Board is needed to proceed forward. Discussion ensued regarding data analysis relative to housing stock and income level and the process going forward relative to the new Comprehensive Plan. In regards to the road component, Mr. Holland stated secondary roads are in dire need of repair. He noted revenue sharing is an important factor relative to the county's transportation system. Mr. Carmody stated there was a nice reduction to the transportation component in the calculation because of credits due to state funding levels for the enhanced revenue sharing program. In response to Ms. Jaeckle's question, Mr. Carmody stated the Marshall and Swift Cost Index does not factor in the calculations presented. He further stated the index affects cases previously approved. He stated the index is used to gauge the cost of construction of facilities. He noted the Marshall and Swift Cost Index is a regional index that ranges from Virginia to Florida and does not necessarily mirror housing price changes. In response to Ms. Jaeckle's concerns regarding a certain rate of growth localities absorb relative to the cost of infrastructure that comes with growth, Mr. Carmody stated 74 percent of capital improvement projects are paid by the general taxpayer. In terms of capital funding levels, he stated as growth returns, allocations can be designated to facilities. Mr. Warren stated when it became popular to develop in Chesterfield County, there was never a sense of disapproval regarding the cost of cash proffers. He further stated the recession hindered contractors, who were paying the maximum cash proffer, to complete their projects. He stated there will come a time when Chesterfield County will grow very rapidly again and industry will bring in housing developments. He noted the county has become desirable due to reduced real estate tax rates. He stated the system has served the county well in terms of being able to supplement many of the school and road projects that otherwise could not be maintained. He further stated he is not in favor of raising the maximum cash proffer. He stated the county has remained flexible and conservative in the application of its policy in comparison to high growth localities around the state. Mr. Elswick requested information comparing new homes in Henrico versus new homes in Chesterfield County. He stated Magnolia Green, the leading .housing development in Chesterfield County, does not have cash proffers. In response to Mr. Elswick's question, Mr. Carmody stated 60 percent of family households in Chesterfield County have no children in schools. 11-358 Mr. Elswick noted out of the current zoning cases, many of them are neither buildable nor desirable for the county. Mr. Gecker stated proffers do not impact pricing of homes but the market impacts pricing of homes. He further stated cash proffers do impact land value. He stated a builder or developer is willing to pay less for land that requires proffers than he would pay for land with no proffer obligation. He further stated the capital need proffers need to account for is the need for a particular development, typically the capital facilities built with proffers do not occur until years after the development is out of the ground because of timing of payment and unless there is inflation, the time value is lost. He stated he hopes the new Comprehensive Plan will address appropriate locational criteria for new development, which would suggest property outside of the growth ring would not be suitable for rezoning at any given point in time. He further stated the desire of the Board is to have managed growth in the county consistent with the state code mandate to provide for managed growth in the community. He stated he would like to keep the existing system in place and not increase the maximum cash proffer. Mr. Elswick stressed the importance of reviewing stale zoning cases and their potential impact on the county, in terms of cash proffers. Mr. Gecker stated it would be difficult to initiate zoning cases against a landowner's will. He further stated there could be an ability to provide an inexpensive fee to individuals for the purpose of modifying the proffer. Mr. Holland made a motion, seconded by Mr. Warren, for the Board to maintain the current maximum cash proffer per dwelling unit for FY2013 of $18,966 and consider changes to the cash proffer policy related to timing of payments. Ms. Jaeckle expressed concerns regarding future zoning cases relative to changes to the cash proffer policy. She stated there are many desirable projects in the pipeline that could be affected. Mr. Gecker stated individuals have the right to apply and present their case before the Board. Ms. Jaeckle expressed concerns relative to the Planning Department presentation of a case and recommended approval or denial based on a set of rules without a third party's opinion. Mr. Gecker stated formalization of the process is something the Board can consider after feedback is heard from the Planning Department. Mr. Gecker called for the vote made by Mr. Holland, seconded by Mr. warren, for the Board to maintain the current maximum cash proffer per dwelling unit for FY2013 of $18,966 and consider changes to the cash proffer policy related to timing of payments. Ayes: Gecker, Jaeckle, warren and Holland. Nays: Elswick. J J J 11-359 Discussion ensued relative to changes to the policy related to timing of payments. Mr. Mincks stated the state law only reads in a retrospective manner. He further stated the law allows payment after the completion of final inspection and prior to issuance of a certificate of occupancy. He stated the Board can make changes to not enforce the payment provision retrospectively; however, the policy would need to change to reflect those requests. Mr. Gecker referred to staff for recommending changes to the cash proffer policy related to language. 7. DEFERRED ITEMS 7.A. PROPOSED ADJUSTMENTS TO PLANNING DEPARTMENT FEES Mr. Dupler stated the Board of Supervisors held a public hearing relative to proposed adjustments to Planning Department Fees. He further stated the Planning Commission recommends changing the proposed fee so that applicants with a small number of proposed condition revisions would have not to pay a per acre fee. He stated the Planning Commission recommends a $500 base fee for one or two original conditions, but no more than one application for the original case within the twelve month period; additional applications for the original case within the twelve month period would pay a $500 base fee plus $100 per acre in excess of one acre, as originally proposed. In response to Ms. Jaeckle's question regarding sign applications, Mr. Dupler stated the per acre fee is waived for the first acre for a sign. In response to Ms. Jaeckle's concerns, Mr. Turner stated the type of application required would be a conditional use application. He further stated if it is a conditional use application for a sign, the applicant would style his application so it involves less than an acre, therefore only paying the base fee. Mr. Gecker expressed concerns relative to the comparison chart that was just distributed to the Board. In response to Mr. Holland's question, Mr. Dupler stated the proposed fee structure was approved and recommended to the Board by the Planning Commission. He further stated staff is suggesting an alternative fee structure based on comments made by the Board. Mr. Holland stated he would be in favor of the alternative fee structure proposed by staff. In response to Mr. Elswick's question, Mr. Dupler stated essentially the proposal would enact lowering of the fees. He further stated it is not possible to lower all of the fees to produce equivalent revenue, therefore in some circumstances there is a break-over point where under the old fee structure, persons might have to pay more fees under the new fee structure, depending on which proposal is adopted. 11-360 General Application e uest T cifi Re Sp Fee (In Dollars) yp c q e e [3] Deferral request by applicant of Planning Commission or Board of 1000 Supervisors Public Hearing [3] Appeal Planning Director's Decision on 500 Zoning Matters Special Exception [2] 300 Variance (Excluding Administrative 300 Variance) [2] Board of Zoning Amend condition(s) of Appeals Actions- Special Exception or 300 Appeal Director's Variance [2] Decision on Zoning Deferral request by Matters, Special applicant of Board of 200 Exceptions or Zoning Appeals Public Variances Hearing Deferral request by applicant of Board of 200 Zoning Appeals Public Hearing Schematic or Overall 900 plus 60 per acr Development Plan in excess of 1 acre Amendment to an Approved Schematic or Overall Development 500 Plan Schematic or Deferral request by Overall applicant of Planning Development Plan Commission Public 1000 Meeting Deferral request by applicant of Planning Commission Public 1000 Meeting First Submittal plus 2 900 plus 60 per Additional Submittals acre in excess o [3] 1 acre Fourth and Subsequent Submittals (per 250 submittal) [3] Adjustment to Approved Site Plan (per 500 submittal) [3] Site Plan Appeal Planning Director's Decision on 500 Site Plan Deferral request by applicant of Planning Commission Public 1000 Meeting [3] Plat transfer to electronic format per 130 J J J 11-363 General Application Specific Request Type Fee (In Dollars) e Administrative Variance [4] 300 Amend condition(s) of Administrative Variance 300 [4] Building permit- New single family or two- family dwelling (per 25 unit) Administrative Sign, Temporary 100 (excluding banner) Sign, all other (excluding banner) 130 Temporary family health care unit 100 Written Determinations (Zoning Certificate, Written Interpretation .100 or Written Verification of Non-conforming Use) [1] A single application may be made for any combination of the requests footnoted as [1] The fee for any combination of these requests shall not be cumulative, rather the fee shall be based upon the category having the highest fee. [2] A single application may be made for any combination of the requests footnoted as [2] The fee for any combination of these requests shall not be cumulative, rather the fee shall be based upon the category having the highest fee. Such applications shall be limited to a single lot. [3] For any office, commercial or enterprise zone or subzone designat Virginia, an application fee shall actions footnoted as [3], provided determines that the request is comprehensive plan. industrial use within an ed by the Commonwealth of not be required for the the director of planning in compliance with the [4] A single application may be made for any combination of the requests footnoted as [4] The fee for any combination of these requests shall not be cumulative, rather the fee shall be based upon the category having the highest fee. Such applications shall be limited to a single lot. 0 0 0 Sec. 19-264. Preparation and submission of site plans. 0 0 0 (f) After site plan approval other than minor site plan and improvement sketches and prior to the issuance of a land disturbance permit, the property owner or his agent shall deliver to the director of environmental engineering in electronic format such as DXF for AutoCADD, or other 11-364 electronic format acceptable to the director, the following information: (i) proposed contours for the approved site plan, (ii) boundaries of all impervious areas for the approved site plan and (iii) delineation of storm sewer lines and associated structures for the approved site plan. In lieu of the foregoing, the property owner or his agent may submit the required information in a non-electronic format upon payment to the environmental engineering department of the fee stated in § 19-25 to reimburse the county's costs of transferring the information to the required electronic format. (2) That this ordinance shall become effective immediately upon adoption. Ayes: Jaeckle, Holland and Elswick. Nays: Decker. Absent: Warren. 7.B. CONSIDERATION OF THE EXERCISE OF EMINENT DOMAIN FOR THE ACQUISITION OF PERMANENT WATER AND TEMPORARY CONSTRUCTION EASEMENTS FOR THE GRANGE HALL ELEMENTARY SCHOOL OFFSITE WATERLINE EXTENSION PROJECT Mr. Dupler stated the Board of Supervisors held a public hearing relative to consideration of the exercise of eminent domain for the acquisition of permanent water and temporary construction easements for the Grange Hall Elementary School Offsite waterline Extension Project. He further stated staff has been unable to reach an agreement regarding two easements. He stated Grange Hall has a long standing need for public water and it is necessary to authorize the action for the health and safety of the public. In response to Mr. Decker's question, Mr. Dupler stated the proposal is to locate the waterline outside the ultimate right-of-way. In response to Mr. Elswick's request, Mr. Dupler stated staff will continue to contact the property owners who were unable to reach an agreement. He noted the project is projected to be completed around December and timing is of the essence. In response to Mr. Mincks' question, Mr. Elswick stated his motion would authorize the condemnation but with the caveat that staff continue to negotiate with the property owners. Mr. Elswick made a motion, seconded by Mr. Holland, for the Board to approve the exercise of eminent domain for the acquisition of permanent water and temporary construction easements for the Grange Hall Elementary School Offsite Waterline Extension Project across the property of R.F. Ranson and Tamara A. Anderson, 18201 Hull Street Road, and authorized staff to enter and take such easements prior to eminent domain proceedings, with the caveat that staff continue to negotiate with the property owners. (It is noted a copy of the plat is filed with the papers of this Board.) Mr. Warren returned to the meeting. Ayes: Decker, Jaeckle, Warren, Holland and Elswick. Nays: None. J J J 11-365 8. NEW BUSINESS 8.A. APPOINTMENTS On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board suspended its rules at this time to allow for simultaneous nomination/appointment/reappointment to the Economic Development Authority, the Board of Building Code Appeals, the Richmond Metropolitan Planning Organization's Citizen Transportation Advisory Committee, and the Chippenham Place Community Development Authority Board. Ayes: Gecker, Jaeckle, Warren, Holland and Elswick. Nays: None. 8.A.1. ECONOMIC DEVELOPMENT AUTHORITY On motion of Mr. Holland, seconded by Mr. Warren, the Board simultaneously nominated/reappointed Mr. John Hughes and Mr. Harril Whitehurst to serve as at-large members on the Economic Development Authority, whose terms are effective July 1, 2012, and will expire June 30, 2016. Ayes: Gecker, Jaeckle, Warren, Holland and Warren. Nays: None. 8.A.2. BOARD OF BUILDING CODE APPEALS On motion of Mr. Holland, seconded by Ms. Jaeckle, the Board simultaneously nominated/reappointed Mr. E. Frank Dunton and Mr. Jack R. Wilson, III to serve on the Board of Building Code Appeals, whose terms are effective July 1, 2012, and expire June 30, 2015. Ayes: Gecker, Jaeckle, Warren, Holland and Elswick. Nays: None. 8.A.3. RICHMOND METROPOLITAN PLANNING ORGANIZATION'S CITIZEN TRANSPORTATION ADVISORY COMMITTEE On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board nominated/reappointed Mr. Herbert Richwine, Lt. John K. Jacobs, and Mr. Jonathan H. Jackson (alternate) to serve on the Richmond Metropolitan Planning Organization's Citizen Transportation Advisory Committee, whose terms are effective July 1, 2012, and expire June 30, 2014. Ayes: Gecker, Jaeckle, Warren, Holland and Elswick. Nays: None. 8.A.4. CHIPPENHAM PLACE COMMUNITY DEVELOPMENT AUTHORITY BOARD On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board reappointed Mr. Sam Kaufman, Mr. Chris Zitzow, Mr. Quenton Lee, Mr. Jay Lafler, and Mr. John Pettengill to serve on the Chippenham Place Community Development Authority, whose terms are effective immediately and expire June 30, 2016. Ayes: Gecker, Jaeckle, Warren, Holland and Elswick. Nays: None. 11-366 8.B. STREETLIGHT COST APPROVALS On motion of Mr. Warren, seconded by Mr. Holland, the Board approved the following streetlight installation: Clover Hill District • In the Brookfield Subdivision, at the intersection of Hartford Lane and Woodward Drive. Cost to install streetlight: $736.32 Ayes: Gecker, Jaeckle, Warren, Holland and Elswick. Nays: None. On motion of Mr. Elswick, seconded by Ms. Jaeckle, the Board approved the following streetlight installation: Matoaca District • In the River Ridge Subdivision, at the intersection of Riverway Road and Riverpark Way. Cost to install streetlight: $736.37 Ayes: Gecker, Jaeckle, Warren, Holland and Elswick. Nays: None. 8.C. CONSENT ITEMS 8.C.1. ADOPTION OF RESOLUTIONS 8.C.l.a. RECOGNIZING COUNTY EMPLOYEES UPON THEIR RETIREMENT 8.C.1.a.1. FIREFIGHTER MARK S. WALKER, FIRE AND EMERGENCY MEDICAL SERVICES DEPARTMENT On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board adopted the following resolution: WHEREAS, Firefighter Mark S. Walker retired from the Chesterfield Fire and Emergency Medical Services Department, Chesterfield County, on June 1, 2012; and WHEREAS, Firefighter Walker began his career with Chesterfield County in January 1982 as a fire utility maintenance worker and has faithfully served the county for more than thirty years; and WHEREAS, Firefighter Walker attended Recruit School #15 in October 1984 and has faithfully served the citizens of Chesterfield County in various assignments, including the Wagstaff, Dale, Manchester, Ettrick and Matoaca Fire and EMS Stations; and WHEREAS, Firefighter Walker served as an Emergency Vehicle Operators Course instructor and a part-time investigator in the Fire and Life Safety Division, as well as a mechanic; and J J J 11-367 WHEREAS, Firefighter Walker was recognized as an effective team member in various specialty shops, which saved the county thousands of dollars each year through on-duty work, including the Sewing Shop at the Wagstaff Fire and EMS Station, the Oxygen Shop at the Dale Fire and EMS Station, the Tire Chain Repair Shop, Breathing Apparatus Repair Shop, and Air Utility Project at the Manchester Fire and EMS Station. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes the contributions of Firefighter Mark S. Walker, 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: Gecker, Jaeckle, Warren, Holland and Elswick. Nays: None. 8.C.1.a.2. MRS. DONNA D. WICKER, COMMISSIONER OF THE REVENUE'S OFFICE On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board adopted the following resolution: WHEREAS, Mrs. Donna Demonbreun Wicker began her tenure of public service with Chesterfield County on July 14, 1997, as an auditor with the Commissioner of Revenue's office under then commissioner N. Everette "Ike" Carmichael, bringing with her a bachelor of business administration degree from the College of William and Mary, as well as extensive experience working in the private sector; and WHEREAS, Mrs. Wicker demonstrated her commitment to continued improvement by taking all the courses and seminars made available to her in the commissioner's office and was promoted to senior tax compliance auditor in July 2009; and WHEREAS, Mrs. Wicker is a member of, and contributed to, the Virginia Association of Local Tax Auditors; and WHEREAS, Mrs. Wicker has proved herself a faithful public servant, with a sense of duty and ethics regarding her co- workers, the citizens of Chesterfield County, and the laws and covenants of Chesterfield County, the Commonwealth of Virginia and the United States of America; and WHEREAS, Mrs. Wicker and her family are very active members in Bethany Christian Church in Richmond,. where Mrs. Wicker generously helps its members and shares her God-given talents; and WHEREAS, Mrs. Wicker has been a dedicated and faithful employee of Chesterfield County's Commissioner of the Revenue for 15 years, and she will be missed by the employees of the commissioner's office for her work ethic, attention to detail, honesty, integrity and her unique and delightful sense of humor; and WHEREAS, Mrs. Wicker will be missed by the citizens of Chesterfield County for her years of professional service and her belief that all have a right to expect to be treated in a fair and equitable manner; and 11-368 WHEREAS, Mrs. Wicker will be fondly remembered for her vivacious personality, fun-loving ways and ability to lift one's spirit. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes the outstanding contributions of Mrs. Donna D. Wicker and expresses appreciation on behalf of all residents for her service to the county, and congratulations and best wishes to her with all her future plans. Ayes: Gecker, Jaeckle, Warren, Holland and Elswick. Nays: None. 8.C.1.a.3. MRS. ELIZABETH WOOLRIDGE, CHESTERFIELD-COLONIAL HEIGHTS DEPARTMENT OF SOCIAL SERVICES On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board adopted the following resolution: WHEREAS, Mrs. Elizabeth Woolridge will retire from the Chesterfield-Colonial Heights Department of Social Services on June 29, 2012, after 17 years of dedicated service to the citizens of Chesterfield County and the City of Colonial Heights; and WHEREAS, Mrs. Woolridge began her career with the Chesterfield-Colonial Heights Department of Social Services on September 12, 1994, as a Principal Clerical Aide; and WHEREAS, Mrs. Woolridge became a Customer Service Representative on July 1, 2000; and WHEREAS, Mrs. Woolridge was responsible for various administrative duties as part of the agency's customer service team, serving as a first point of contact for customers in a fast-paced environment; and WHEREAS, Mrs. Woolridge assisted customers with applications, answered questions, received telephone calls from the agency switchboard, reviewed customer information for completeness, and maintained confidential information; and WHEREAS, Mrs. Woolridge was very knowledgeable about the agency's complex programs and services, and always exhibited a professional demeanor in working with customers; and WHEREAS, Mrs. Woolridge provided exemplary customer service to the agency's customers, and was well known for her compassion, empathy and strong work ethic; and WHEREAS, Mrs. Woolridge frequently was cited on customer survey cards as being so helpful and kind; and WHEREAS, Mrs. Woolridge contributed to the agency's mission and goals by serving on many work groups, such as the agency newsletter DSSPATCH, Strategic Plan Committee, Tools for School, "Life in the State of Poverty," and United Way Coordinator; and J J J 11-369 WHEREAS, Mrs. Woolridge represented the agency to the community by participating in the Communities-in-Schools "A Day on the Job, as well as serving with other local social service agencies on State and Central Region Scholarship committees; and WHEREAS, Mrs. Woolridge has been a tremendous asset to the Chesterfield-Colonial Heights Department of Social Services and will be greatly missed by her colleagues. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes Mrs. Elizabeth Woolridge 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: Gecker, Jaeckle, Warren, Holland and Elswick. Nays: None. 8.C.1.a.4. CORPORAL ROBERT E. BALDUCCI, JR., POLICE DEPARTMENT On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board adopted the following resolution: WHEREAS, Corporal Robert E. Balducci, Jr. will retire from the Chesterfield County Police Department on July 1, 2012, after providing more than 33 years of quality service to the citizens of Chesterfield County; and WHEREAS, Corporal Balducci has faithfully served the county in the capacity of Police Officer, Senior Officer, Master Officer, Career Officer and Corporal; and WHEREAS, Corporal Balducci also served as a Field Training Officer and a Firearms Instructor; and WHEREAS, Corporal Balducci was awarded the Police Star for bravery and great risk to his own life in order to protect the lives of others after responding to a call of a subject assembling a bomb in the restroom of a restaurant, and once the suspect was lured outside, removing the bomb-like device from his possession and moving it to a safer location where it could cause minimal damage to human life and property; and WHEREAS, Corporal Balducci is the recipient of a Life Saving Award for the actions he took upon arriving on the scene of a vehicle fire, observing a non-responsive individual inside the vehicle, breaking the driver's side window and with assistance from another officer, quickly removing the occupant, saving him from being burned and/or suffering from smoke inhalation; and WHEREAS, Corporal Balducci was commended for his actions that contributed to the resolution of a large number of larcenies from vehicles, utilizing witness information and an exhaustive computer records search, to identify and arrest three suspects, resulting in the recovery of more than $17,000 in stolen property; and WHEREAS, Corporal Balducci is recognized for his excellent communications and human relations skills, his professionalism and his teamwork, all of which he has utilized within the Police. Department and in assisting citizens of 11-370 WHEREAS, Auxiliary Captain Hornbarger was recognized for his management of the Auxiliary Police Unit, which has contributed to making the unit respected and recognized throughout Chesterfield County; and WHEREAS, Auxiliary Captain Hornbarger and his fellow auxiliary officers were the recipient of a Unit Citation Award recognizing the dedication and diligence displayed by the Auxiliary Police Unit; and WHEREAS, Auxiliary Captain Hornbarger received the President's Volunteer Service Gold Award, representing over 500 hours of annual volunteer service, every year since the award's inception in 2003; and WHEREAS, Auxiliary Captain Hornbarger worked closely with the training department in the development and implementation of the first Auxiliary Academy in compliance with Department of Criminal Justice Services standards; and WHEREAS, Auxiliary Captain Hornbarger led the effort to convert the Special Police Unit to the Auxiliary Police Program in 2004, serving as the first Unit Commander; and WHEREAS, Auxiliary Captain Hornbarger made significant contributions to the Auxiliary Officer retirement process, and served on the Auxiliary Officers Retirement Awards Committee; and WHEREAS, Auxiliary Captain Hornbarger 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 Auxiliary Captain Hornbarger's diligent service. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes Auxiliary Captain Perry W. Hornbarger, 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: Gecker, Jaeckle, Warren, Holland and Elswick. Nays: None. 8.C.1.a.7. MR. WILLIE CLARKE, INFORMATION SYSTEMS TECHNOLOGY DEPARTMENT On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board adopted the following resolution: WHEREAS, Mr. Willie Clarke will retire from the Chesterfield County Information Systems Technology Department on July 6, 2012, after providing 33 years of quality service to the citizens of Chesterfield County; and WHEREAS, Mr. Clarke has faithfully served the county in the capacity of Application Services Manager, Application Team Leader, Lead Analyst Programmer, Principal Analyst, Programmer II, Programmer I, Operation Shift Supervisor and Computer Operator III; and WHEREAS, Mr. Clarke graduated from Chesterfield County's John Tyler Community College with a degree in Computer Programming and also graduated from Chesterfield County Total Quality Improvement University and completed other courses J J J 11-373 related to career preparation such as Structured Analysis and Design, Hypertext Markup Language, Frontpage Web Tools, Java programming, SAP Release 3, Time management, Communications and Leadership and many others, which enabled him to provide invaluable support for the many projects he contributed to; and WHEREAS, Mr. Clarke has been instrumental in implementing some of the most technically challenging financial management, payroll and human resource systems in support of Chesterfield County Government and School Board such as the Management Science Associates and GEAC Computer Corporation financial software, the Integral HR/Payroll system, and the InFocus Financials system and the Infocus Human Resource Management system; and WHEREAS, Mr. Clarke designed and built a mainframe-based business license processing system for the Commissioner of Revenue that has been servicing the needs of county personnel as well as the business community for more than 20 years; and WHEREAS, Mr. Clarke has received nine PowerGram awards for outstanding customer service, teamwork, quality and community service in addition to dozens of other personal notes of appreciation and gratitude; and WHEREAS, Mr. Clarke was awarded multiple Celebrating Success awards including for the resolution of a Virginia Retirement System Life Insurance issue, and for extraordinary effort in the construction of a Purchase Order Entry system for the Purchasing Department; and WHEREAS, Mr. Clarke provided leadership and expertise in the year 2000 renovation of the county financial systems, human resource management systems and payroll systems, resulting in no downtime or other problems, and was recognized by Budget Director Becky Dickson with a First Choice award for the outstanding effort; and WHEREAS, Mr. Clarke provided leadership and support to multiple teams including the Mainframe Standards and Architecture Team, the IST Quality Council, the Process Standards Team, Goal Team One - Value Our Employees, numerous process action teams including the Direct Deposit process action team and the Energy Accounting process action team: and WHEREAS, Mr. Clarke's knowledge, guidance, ethical behavior and analytical abilities have helped to make the Information Systems Technology Department a recognized and respected resource; and WHEREAS, Mr. Clarke received an exceptional rating for his overall performance on his annual employee development plan and volunteered to act in the capacity of Deputy Chief Information Officer for the final five months of his career, assuming a significant increase in responsibility; and 11-374 WHEREAS, Mr. Clarke has earned the admiration and respect of his peers, employees and colleagues at Chesterfield County for his dedication, calm demeanor, friendly personality, enthusiasm, professionalism, and exemplary customer service; and WHEREAS, Mr. Clarke has made many lasting contributions to Chesterfield County, the Information Systems Technology department and to the Information Systems Technology staff who will be forever grateful for his analytical abilities, pleasant personality and most importantly, his friendship. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes Mr. Willie Clarke, 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: Gecker, Jaeckle, Warren, Holland and Elswick. Nays: None. 8.C.l.b. REGARDING EMPLOYER AND MEMBER RETIREMENT CONTRIBUTIONS TO THE VIRGINIA RETIREMENT SYSTEM On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board adopted the following resolution: RESOLUTION Employer Contribution Rates for Counties, Cities, Towns, School Divisions and Other Political Subdivisions (In accordance with the 2012 Appropriation Act Item 468(H)) BE IT RESOLVED, that CHESTERFIELD COUNTY (55120) does hereby acknowledge that its contribution rates effective July 1, 2012, shall be based on the higher of a) the contribution rate in effect for FY 2012, or b) seventy percent of the results of the June 30, 2011, actuarial valuation of assets and liabilities as approved by the Virginia Retirement System Board of Trustees for the 2012-14 biennium (the "Alternate Rate") provided that, at its option, the contribution rate may be based on the employer contribution rates certified by the Virginia Retirement System Board of Trustees pursuant to Virginia Code § 51.1-145(I) resulting from the June 30, 2011, actuarial value of assets and liabilities (the "Certified Rate"); and BE IT ALSO RESOLVED that CHESTERFIELD COUNTY (55120) does hereby certify to the Virginia Retirement System Board of Trustees that it elects to pay the following contribution rate effective July 1, 2012: The Certified Rate of 15.030 BE IT ALSO RESOLVED, that CHESTERFIELD COUNTY (55120) does hereby certify to the Virginia Retirement System Board of Trustees that it has reviewed and understands the information provided by the Virginia Retirement System outlining the potential future fiscal implications of any election made under the provisions of this resolution; and NOW, THEREFORE, the officers of CHESTERFIELD COUNTY (55120) are hereby authorized and directed in the name of CHESTERFIELD COUNTY to carry out the provisions of this J J J 11-375 resolution, and said officers of CHESTERFIELD COUNTY are authorized and directed to pay over to the Treasurer of Virginia from time to time such sums as are due to be paid by CHESTERFIELD COUNTY for this purpose. And, further, the Board adopted the following resolution: RESOLUTION Member Contributions by Salary Reduction for Counties, Cities, Towns and Other Political Subdivisions (In accordance with Chapter 822 of the 2012 Acts of Assembly (SB497)) WHEREAS, CHESTERFIELD COUNTY (55120) employees who are Virginia Retirement System members who commence or recommence employment on or after July 1, 2012 ("FY2013 Employees" for purposes of this resolution), shall be required to contribute five percent of their creditable compensation by salary reduction pursuant to Internal Revenue Code § 414 (h) on a pre-tax basis upon commencing or recommencing employment; and WHEREAS, CHESTERFIELD COUNTY (55120) employees who are Virginia Retirement System members and in service on June 30, 2012, shall be required to contribute five percent of their creditable compensation by salary reduction pursuant to Internal Revenue Code § 414 (h) on a pre-tax basis no later than July 1, 2016; and WHEREAS, such employees in service on June 30, 2012, shall contribute a minimum of an additional one percent of their creditable compensation beginning on each July 1 of 2012, 2013, 2014, 2015, and 2016, or until the employees' contributions equal five percent of creditable compensation; and WHEREAS, CHESTERFIELD COUNTY (55120) may elect to require such employees in service on June 30, 2012, to contribute more than an additional one percent each year, in whole percentages, until the employees' contributions equal five percent of creditable compensation; and WHEREAS, the second enactment clause of Chapter 822 of the 2012 Acts of Assembly (SB497) requires an increase in total creditable compensation, effective July 1, 2012, to each such employee in service on June 30, 2012, to offset the cost of the member contributions, such increase in total creditable compensation to be equal to the difference between five percent of the employee's total creditable compensation and the percentage of the member contribution paid by such employee on January 1, 2012. BE IT THEREFORE RESOLVED that CHESTERFIELD COUNTY (55120) does hereby certify to the Virginia Retirement System Board of Trustees that it shall effect the implementation of the member contribution requirements of Chapter 822 of the 2012 Acts of Assembly (SB497) according to the following schedule for the fiscal year beginning July 1, 2012 (i.e., FY2 013) 11-376 Type of Employer Paid Employee Paid Employee Member Contribution Member Contribution Plan 1 O a 5°s Plan 2 Oa 50 FY2013 Oa 5a Employees ,~ ~~~~~-_: ~a~~~ i~w inusL aaa up to 5 percent) ; and BE IT FURTHER RESOLVED, that such contributions, although designated as member contributions, are to be made by CHESTERFIELD COUNTY in lieu of member contributions; and BE IT FURTHER RESOLVED, that pick up member contributions shall be paid from the same source of funds as used in paying the wages to affected employees; and BE IT FURTHER RESOLVED, that member contributions made by CHESTERFIELD COUNTY under the pickup arrangement shall be treated for all purposes other than income taxation, including but not limited to VRS benefits, in the same manner and to the same extent as member contributions made prior to the pickup arrangement; and BE IT FURTHER RESOLVED, that nothing herein shall be construed so as to permit or extend an option to VRS members to receive the pickup contributions made by CHESTERFIELD COUNTY directly instead of having them paid to VRS; and BE IT FURTHER RESOLVED, that notwithstanding any contractual or other provisions, the wages of each member of VRS who is an employee of CHESTERFIELD COUNTY shall be reduced by the amount of member contributions picked up by CHESTERFIELD COUNTY on behalf of such employee pursuant to the foregoing resolutions. NOW, THEREFORE, the officers of CHESTERFIELD COUNTY (55120) are hereby authorized and directed in the name of CHESTERFIELD COUNTY to carry out the provisions of this resolution, and said officers of CHESTERFIELD COUNTY are authorized and directed to pay over to the Treasurer of Virginia from time to time such sums as are due to be paid by CHESTERFIELD COUNTY for this purpose. And, further, the Board adopted the following resolution: RESOLUTION Local Governing Body Concurrence with School Division Electing to Pay the VRS Board-Certified Rate (In accordance with the 2012 Appropriation Act Item 468(H)) BE IT RESOLVED, that Chesterfield County (55120) does hereby acknowledge that the Chesterfield County School Board has made the election for its contribution rate to be based on the employer contribution rates certified by the Virginia Retirement System Board of Trustees pursuant to Virginia Code ~ 51.1-145(1) resulting from the June 30, 2011, actuarial value of assets .and liabilities (the "Certified Rate"); and BE IT ALSO RESOLVED, that Chesterfield County (55120) does hereby certify to the Virginia Retirement System Board of Trustees that it concurs with the election of the J J J 11-377 Chesterfield County School Board to pay the Certified Rate, as required by Item 468(H) of the 2012 Appropriation Act; and Vr- NOW, THEREFORE, the officers of Chesterfield County (55120) are hereby authorized and directed in the name of Chesterfield County to execute any required contract to carry out the provisions of this resolution. In execution of any such contract which may be required, the seal of Chesterfield County, as appropriate, shall be affixed and attested by the Clerk. And, further, the Board adopted the following resolution: RESOLUTION Local Governing Body Concurrence with Appomattox Regional Governor's School Electing to Pay the VRS Board-Certified Rate (In accordance with the 2012 Appropriation Act Item 468(H)) BE IT RESOLVED, that Chesterfield County (55120) does hereby acknowledge that the Appomattox Regional Governor's School has made the election for its contribution rate to be based on the employer contribution rates certified by the Virginia Retirement System Board of Trustees pursuant to Virginia Code § 51.1-145(1) resulting from the June 30, 2011, actuarial value of assets and liabilities (the "Certified Rate"); and BE IT ALSO RESOLVED, that Chesterfield County (55120) does hereby certify to the Virginia Retirement System Board of Trustees that it concurs with the election of the Appomattox Regional Governor's School to pay the Certified Rate, as required by Item 468 (H) of the 2012 Appropriation Act; and NOW, THEREFORE, the officers of Chesterfield County (55120) are hereby authorized and directed in the name of Chesterfield County to execute any required contract to carry out the provisions of this resolution. In execution of any such contract which may be required, the seal of the Chesterfield County, as appropriate, shall be affixed and attested by the Clerk. Ayes: Decker, Jaeckle, Warren, Holland and Elswick. Nays: None. 8.C.l.c. CERTIFICATION PROGRAM THE CERTIFIED CRIME PREVENTION COMMUNITY SUPPORTING CHESTERFIELD COUNTY'S PARTICIPATION IN On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board adopted the following resolution: WHEREAS, the County of Chesterfield, Virginia, is interested in the safety and security of its citizenry and the community at large, and has adopted as one of its strategic goals, "To be the safest and most secure community of its size"; and WHEREAS, the Board of Supervisors is prepared to support appropriate efforts within the community to become totally prepared to promote crime prevention and community safety; and 11-378 8.C.4. SET DATE FOR PUBLIC HEARING TO CONSIDER AMENDMENTS TO THE COUNTY CODE RELATING TO REGULATED OCCUPATIONS AND SERVICES On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board set July 25, 2012, as the date for a public hearing to consider amendments to the County Code relating to regulated occupations and services. Ayes: Gecker, Jaeckle, Warren, Holland and Elswick. Nays: None. 8.C.5. TRANSFER OF DISTRICT IMPROVEMENT FUNDS 8.C.5.a. FROM THE DALE DISTRICT IMPROVEMENT FUND TO THE SCHOOL BOARD TO PURCHASE INTERACTIVE WHITE BOARDS FOR JACOBS ROAD ELEMENTARY SCHOOL On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board transferred $7600 from the Dale District Improvement Fund to the School Board to purchase interactive white boards for Jacobs Road Elementary School. Ayes: Gecker, Jaeckle, Warren, Holland and Elswick. Nays: None. 8.C.5.b. FROM THE DALE DISTRICT IMPROVEMENT FUND TO THE SCHOOL BOARD TO FUND CONSTRUCTION OF DUGOUT ROOFS AND A SCORE BOARD AT THE SOFTBALL FIELD AT MEADOWBROOK HIGH SCHOOL On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board transferred $8345 from the Dale District Improvement Fund to the Chesterfield County School Board to fund construction of dugout roofs and a scoreboard at the softball field at Meadowbrook High School. Ayes: Gecker, Jaeckle, Warren, Holland and Elswick. Nays: None. 8.C.5.c. FROM THE MATOACA DISTRICT IMPROVEMENT FUND TO THE JWENILE DETENTION HOME TO PURCHASE TEN ELECTRONIC READERS FOR THE POST-DISPOSITIONAL PROGRAM On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board transferred $990 from the Matoaca District Improvement Fund to the Juvenile Detention Home to purchase 10 electronic readers for the Post-Disposal Program. Ayes: Gecker, Jaeckle, Warren, Holland and Elswick. Nays: None. 8.C.5.d. TRANSFER $10,000 FROM THE MIDLOTHIAN DISTRICT IMPROVEMENT FUND TO THE PARKS AND RECREATION DEPARTMENT FOR THE DEPARTMENT TO PURCHASE MATERIALS TO ERECT A PAVILION AT HUGUENOT PARK TO HONOR THE MEMORY OF CPL WILLIAM KYLE MIDDLETON On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board transferred $10,000 from the Midlothian District Improvement Fund to -the Parks and Recreation Department for the Department to purchase materials to erect a pavilion at Huguenot Park to honor the memory of CPL William Kyle Middleton. Ayes: Gecker, Jaeckle, Warren, Holland and Elswick. Nays: None. ~'i 11-381 8.C.6. DONATION OF A SURPLUS TRUCK TO THE PETERSBURG FIRE DEPARTMENT On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board approved the donation of a 1985 Chevrolet truck (step van) in its current operating condition to the Petersburg Fire Department. Ayes: Gecker, Jaeckle, Warren, Holland and Elswick. Nays: None. 8.C.7. ADDITION OF IMPROVEMENTS TO WAGNER'S~WAY AND THE POLICE DEPARTMENT PARKING LOT TO THE ROUTE 10 WIDENING (FRITH LANE TO GREENYARD ROAD) BOND PROJECT On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board approved the addition of improvements to Wagner's Way and the Police Department parking lot, to the Route 10 Widening (Frith Lane to Greenyard Road) Bond Project and authorized the County Administrator to execute all necessary change orders for the work, up to the full amount budgeted for the project. Ayes: Gecker, Jaeckle, Warren, Holland and Elswick. Nays: None. 8.C.8. CONSIDERATION OF APPLICATION FOR THE DEMOLITION OF A DESIGNATED HISTORIC STRUCTURE On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board referred to the Preservation Committee for recommendation an application for the demolition of a designated historic structure, the Clarke Residence, located at 4515 Centralia Road. Ayes: Gecker, Jaeckle, warren, Holland and Elswick. Nays: None. 8.C.9. APPROVAL OF CHANGE ORDERS 8.C.9.a. FOR MARY B. STRATTON PARK SPORTS FIELDS On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board authorized the County Administrator to execute change order three for Mary B. Stratton Park Sports Fields in the amount of $240,219 and restore $69,781 in project contingency, and transfer the required funding for additional work that will come from a combination of general park improvements ($100,000) and the reserve for future capital projects ($210,000). Ayes: Gecker, Jaeckle, Warren, Holland and Elswick. Nays: None. 8.C.9.b. FOR PHASE II MODIFICATIONS AT PROCTORS CREEK WASTEWATER TREATMENT PLANT On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board approved Change Order #17 for the Phase II modifications at Proctors Creek Wastewater Treatment Plant in the amount of $517,363.11 and authorized the County Administrator to execute the necessary documents. Ayes: Gecker, Jaeckle, Warren, Holland and Elswick. Nays: None. 11-382 8.C.10. APPROVAL OF MEMORANDUM OF UNDERSTANDING WITH THE CITY OF RICHMOND TO SERVE JWENILES DISPLACED BY THE CLOSING OF THE CITY JWENILE DETENTION HOME On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board authorized the County Administrator to execute a Memorandum of Understanding with the City of Richmond to serve juveniles displaced by the closing of the City Juvenile Detention Home. (It is noted a copy of the MOU is filed with the papers of this Board.) Ayes: Gecker, Jaeckle, Warren, Holland and Elswick. Nays: None. 8.C.11. APPROVAL OF AMENDMENT TO THE CHIPPENHAM PLACE COMMUNITY DEVELOPMENT AUTHORITY MEMORANDUM OF UNDERSTANDING On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board approved an amendment to the Chippenham Place Community Development Authority Memorandum of Understanding. (It is noted a copy of the MOU Amendment is filed with the papers of this Board.) Ayes: Gecker, Jaeckle, Warren, Holland and Elswick. Nays: None. 8.C.12. STATE ROAD ACCEPTANCES On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board adopted the following resolution: WHEREAS, the streets described below are shown on plats recorded in the Clerk's Office of the Circuit Court of Chesterfield County; and WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised this Board the streets meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation. NOW, THEREFORE, BE IT RESOLVED, that this Board requests the Virginia Department of Transportation to add the streets described below to the secondary system of state highways, pursuant to Section 33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements. AND, BE IT FURTHER RESOLVED, that this Board guarantees a clear and unrestricted right-of-way, as described, and any necessary easements for cuts, fills and drainage. AND, BE IT FURTHER RESOLVED, that a this resolution be forwarded to the Resident Virginia Department of Transportation. certified copy of Engineer for the J J J 11-383 Project/Subdivision: Otterdale Road Phase 2/Harpers Mill Parkway Phase 1, portion of Type Change to the Secondary System 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 • Otterdale Road, State Route Number 667 From: 0.38 miles south of Hampton Glen Lane, (Route 5245) To: Harpers Mill Parkway, .(Route 7600), a distance of: 0.35 miles. Recordation Reference: Db. 7194, Pg. 687 Right of Way width (feet) = 90 feet • Otterdale Road, State Route Number 667 From: Harpers Mill Parkway, (Route 7600) To: 0.01 miles south of Harpers Mill Parkway, (Route 7600), a distance of: 0.01 miles. Recordation Reference: Db. 7194, Pg. 687 Right of Way width (feet) = 90 feet • Pullman Lane, State Route Number 7599 From: Harpers Mill Parkway, (Route 7600) To: Temporary End of Maintenance, a distance of: 0.04 miles. Recordation Reference: Db. 7194, Pg. 687 Right of Way width (feet) = 55 feet • Harpers Mill Parkway, State Route Number 7600 From: Otterdale Road, (Route 667) To: Pullman Lane, (Route 7599), a distance of: 0.15 miles. Recordation Reference: Db. 7194, Pg. 687 Right of Way width (feet) = 90 feet • Harpers Mill Parkway, State Route Number 7600 From: Pullman Lane, (Route 7599) To: Temporary End of Maintenance, a distance of: 0.21 miles. Recordation Reference: Db. 7194, Pg. 687 Right of Way width (feet) = 90 feet • Harpers Mill Parkway, State Route Number 7600 From: Otterdale Road, (Route 667) To: 0.01 miles east of Otterdale Road, (Route 667), a distance of 0.01 miles. Recordation Reference: Db. 7194, Pg. 687 Right of Way width (feet) = 90 feet And, further, the Board adopted the following resolution: WHEREAS, the streets described below are shown on plats recorded in the Clerk's Office of the Circuit Court of Chesterfield County; and WHEREAS, the Resident Engineer for the Virginia Department of 'Transportation has advised this Board the streets meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation. 11-384 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: Greenbriar Woods Section 3 Type Change to the Secondary System 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 • Overridge Drive, State Route Number 1199 From: 0.09 miles east of Clara Hill Lane, (Route 7037) To: Tosh Lane, (Rt. 7622), a distance of: 0.06 miles. Recordation Reference: PB 187, PG 7 Right of Way width (feet) = 50 feet • Overridge Drive, State Route Number 1199 From: Tosh Lane, (Route 7622) To: Cul-de-sac, a distance of: 0.07 miles. Recordation Reference: PB 187, PG 7 Right of Way width (feet) = 50 feet • Tosh Lane, State Route Number 7622 From: Overridge Drive, (Route 1199) To: 0.08 miles south to Currier Court of: 0.08 miles. Recordation Reference: PB 187,. PG 7 Right of Way width (feet) = 50 feet (Route 7623), a distance • Horseshoe Bend Drive, State Route Number 1167 From: Tosh Lane, (Route 7622) To: 0.5 miles west to existing Horseshoe Bend Drive (Rt 1167), a distance of: 0.05 miles. Recordation Reference: PB 187, PG 7 Right of Way width (feet) = 50 feet • Currier Court, State Route Number 7623 From: Tosh Lane, (Route 7622) To: Cul-de-sae, a distance of: 0.05 miles. Recordation Reference: PB 187, PG 7 Right of Way width (feet) = 50 feet • Tosh Lane, State Route Number 7622 From: Ringle Way, (Route 7624) To: 0.08 miles south to Horseshoe Bend Drive, (Route 1167), a distance of: 0.08 miles. Recordation Reference: PB 187, PG 7 Right of Way width (feet) = 50 feet J J J 11-385 • Tosh Lane, State Route Number 7622 From: Currier Court, (Route 7623) To: 0.06 miles south to Ringle Way, (Route 7624), a distance of: 0.06 miles. Recordation Reference: PB 187, PG 7 Right of Way width (feet) = 50 feet • Ringle Way, State Route Number 7524 From: Tosh Lane, (Route 7622) To: Cul-de-sac, a distance of: 0.03 miles. Recordation Reference: PB 187, PG 7 Right of Way width (feet) = 50 feet • Tosh Lane, State Route Number 7622 From: Horseshoe Bend Drive, (Route 1167) To: End of Maintenance, a distance of: 0.02 miles. Recordation Reference: PB 187, PG 7 Right of Way width (feet) = 50 feet And, further, the Board adopted the following resolution: WHEREAS, the street described below is shown on plats recorded in the Clerk's Office of the Circuit Court of Chesterfield County; and WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised this Board the street meets the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation. NOW, THEREFORE, BE IT RESOLVED, that this Board requests the Virginia Department of Transportation to add the street described below to the secondary system of state highways, pursuant to Section 33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements. AND, BE IT FURTHER RESOLVED, that this Board guarantees a clear and unrestricted right-of-way, as described, and any necessary easements for cuts, fills and drainage. AND, BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. Project/Subdivision: LEC Apartments Type Change to the Secondary System 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 • Skyline Ridge Drive, State Route Number 7619 From: Craig Rath Blvd., (Route 5656) To: 0.04 miles south to Temporary End, a distance of: 0.04 miles. Recordation Reference: DB 8013, PG 317 Right of Way width (feet) = variable 11-386 And, further, the Board adopted the following resolution: WHEREAS, the streets described below are shown on plats recorded in the Clerk's Office of the Circuit Court of Chesterfield County; and WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised this Board the streets meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation. NOW, THEREFORE, BE IT RESOLVED, that this Board requests the Virginia Department of Transportation to add the streets described below to the secondary system of state highways, pursuant to Section 33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements. AND, BE IT FURTHER RESOLVED, that this Board guarantees a clear and unrestricted right-of-way, as described, and any necessary easements for cuts, fills .and drainage. AND, BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. Project/Subdivision: Springridge at Swift Creek Tune Change to the Secondary System 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 • Sapphire Drive, State Route Number 7620 From: Craig Rath Blvd., (Route 5656) To: 0.03 miles south to Diamond Ridge Drive, (Rt 7621), a distance of: 0.03 miles. Recordation Reference: PB 190, PG 62 .Right of Way width (feet) = 55 ft • Sapphire Drive, State Route Number 7620 From: 0.03 miles south to Diamond Ridge Drive, (Route 7621) To: 0.03 miles south to cul-de-sac, a distance of: 0.03 miles. Recordation Reference: PB 190, PG 62 Right of Way width (feet) = 55 ft • Skyline Ridge Drive, State Route Number 7619 From: 0.04 miles south Craig Rath Blvd., (Route 5656) To: 0.05 miles south to Diamond Ridge Drive (Rt 7621), a distance of: 0.05 miles. Recordation Reference: PB 190, PG 62 Right of Way width (feet) = 55 Ft • Diamond Ridge Drive, State Route Number 7621 From: 0.20 miles west to Skyline Ridge Drive, (Route 7619) To: 0.02 miles west to Temporary Dead End, a distance of: 0.02 miles. Recordation Reference: PB 190, Pg 62 Right of Way width (feet) = 50 ft J J J 11-387 • Diamond Ridge Drive, State Route Number 7621 From: Sapphire Drive, (Route 7620) To: 0.20 miles west to Skyline Ridge Drive, (Route 7619), a distance of: 0.20 miles. Recordation Reference: PB 190, Pg 62 Right of Way width (feet) = 50 ft And, further, the Board adopted the following resolution: WHEREAS, the streets described below are shown on plats recorded in the Clerk's Office of the Circuit Court of Chesterfield County; and WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised this Board the streets meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation. NOW, THEREFORE, BE IT RESOLVED, that this Board requests the Virginia Department of Transportation to add the streets described below to the secondary system of state highways, pursuant to Section 33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements. AND, BE IT FURTHER RESOLVED, that this Board guarantees a clear and unrestricted right-of-way, as described, and any necessary easements for cuts, fills and drainage. AND, BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. Project/Subdivision: Harpers Mill / Otterdale Road Phase 1 Type Change to the Secondary System 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 • Otterdale Road, State Route Number 667 From: 0.27 miles south of Hampton Glen Lane, (Route 5245) To: Temporary End of Maintenance, a distance of: 0.11 miles. Recordation Reference: Db. 7114, Pg. 794 Right of Way width (feet) = 90 feet • Otterdale Road, State Route Number 667 From: 0.17 miles south of Hampton Glen Lane, (Route 5245) To: 0.27 miles south of Hampton Glen Lane, (Route 5245), a distance of: 0.10 miles. Recordation Reference: Db. 7114, Pg. 794 Right of Way width (feet) = 90 feet Ayes: Gecker, Jaeckle, Warren, Holland and Elswick. Nays: None. 11-388 8.C.13. BE LOCATED ALONG IRON BRIDGE ROAD AT RIDGEDALE PARKWAY DEVELOPMENT APPROVAL TO PERMIT A FREESTANDING SIGN TO INITIATION OF APPLICATION FOR CONDITIONAL USE PLANNED On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board initiated an application for ,conditional use planned development approval to permit a free standing sign to be located on property along Iron Bridge Road at Ridgedale Parkway, in the Dale Magisterial District, appointed Kirkland Turner, Director of Planning, as agent for the Board of Supervisors for the purpose of the application, and waived disclosure. Ayes: Gecker, Jaeckle, Warren, Holland and Elswick. Nays: None. 8.C.15. ACCEPTANCE OF PARCELS OF LAND 8.C.15.a. BATTLE ALONG CAWING DRIVE FROM WILLIAM A. AND CHERYL A. On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board accepted the conveyance of a parcel of land containing a total of 0.02 acres along Cawing Drive from William A. and Cheryl A. Battle, and authorized the County Administrator to execute the deed. (It is noted a copy of the plat is filed with the papers of the Board.) Ayes: Gecker, Jaeckle, Warren, Holland and Elswick. Nays: None. 8.C.15.b. BERMUDA INDUSTRIAL ASSOCIATES OF COLONIAL HEIGHTS ALONG RAMBLEWOOD DRIVE AND CAWING DRIVE FROM On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board accepted the conveyance of two parcels of land containing a total of 1.231 acres along Ramblewood Drive and Cawing Drive from Bermuda Industrial Associates of Colonial Heights, 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: Gecker, Jaeckle, Warren, Holland and Elswick. Nays: None. 8.C.15.c. ALONG JEFFERSON DAVIS HIGHWAY AND VELDA ROAD FROM COLONY VILLAGE, LLC On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board accepted the conveyance of five parcels of land containing a total of 0.536 acres along Jefferson Davis Highway and Velda Road from Colony Village, 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: Gecker, Jaeckle, Warren, Holland and Elswick. Nays: None. J J J 11-389 8.C.15.d. ALONG WOOLRIDGE ROAD FROM PHYLLIS P. GARRISON On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board accepted the conveyance of a parcel of land containing 0.070 acres along Woolridge Road from Phyllis P. Garrison 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: Gecker, Jaeckle, Warren," Holland and Elswick. Nays: None. 8.C.15.e. ALONG MINERS TRAIL ROAD FROM QUEENSGATE PROPERTIES, LLC On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board accepted the conveyance of a parcel of land containing 0.340 acres along Miners Trail Road from Queensgate 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: Gecker, Jaeckle, Warren, Holland and Elswick. Nays: None. 8.C.16. APPROVAL OF PURCHASE OF A PARCEL OF LAND FOR TURNING LANE AND ROAD IMPROVEMENTS TO HARROWGATE ROAD FOR FIRE/EMERGENCY MEDICAL SERVICES STATION NO. 21 On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board approved the purchase of 0.25 acres, more or less, from Ercelle M. Berry, for a turning lane and road improvements to Harrowgate Road for Fire/Emergency Medical Services Station No. 21, 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: Gecker, Jaeckle, Warren, Holland and Elswick. Nays: None. 8.C.17. REQUESTS FOR PERMISSION 8.C.17.a. FROM STEVE W. ESCOBAR AND JESSICA L. DODT-ESCOBAR FOR A PROPOSED FENCE TO ENCROACH WITHIN TWO EASEMENTS ACROSS LOT 23, MAGNOLIA GREEN, SECTION B On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board granted Steve W. Escobar and Jessica L. Dodt-Escobar permission for a proposed fence to encroach within a 16' drainage easement and an 8' easement across Lot 23, Magnolia Green, Section B, 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: Gecker, Jaeckle, Warren, Holland and Elswick. Nays: None. 11-390 8.C.17.b. FROM TYLER FAWBER AND ALLISON FAWBER FOR A PROPOSED EASEMENT ACROSS LOT 20, MAGNOLIA GREEN, SECTION FENCE TO ENCROACH WITHIN A SIXTEEN-FOOT DRAINAGE On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board granted Tyler Fawber and Allison Fawber permission for a proposed fence to encroach within a 16' drainage easement across Lot 20, Magnolia Green, 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: Decker, Jaeckle, Warren, Holland and Elswick. Nays: None. 8.C.17.c. FROM DAVID L. PALUMBO FOR A PROPOSED DECK TO ENCROACH WITHIN A SIXTEEN-FOOT DRAINAGE EASEMENT ACROSS LOT 9, THE TIMBERS AT SUMMERFORD On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board granted David L. Palumbo permission for a proposed deck to encroach within a 16' drainage easement across Lot 9, The Timbers at Summerford, 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: Decker, Jaeckle, Warren, Holland and Elswick. Nays: None. 8.C.17.d. FROM ROBERT C. SCHRUM, JR. TO INSTALL A PRIVATE WATER SERVICE WITHIN A PRIVATE EASEMENT TO SERVE PROPERTY ON ENON CHURCH ROAD On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board granted Robert C. Schrum, Jr. permission to install a private water service within a private easement, and authorized the County Administrator to execute the water connection agreement . ( It is noted a copy of the plat is f fled with the papers of this Board.) Ayes: Decker, Jaeckle, Warren, Holland and Elswick. Nays: None. 8.C.17.e. FROM JOSHUA A. SPEARS AND JAMIE L. SPEARS FOR A PROPOSED FENCE TO ENCROACH WITHIN TWO EASEMENTS ACROSS LOT 73, HARPER'S MILL, SECTION 2 On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board granted Joshua A. Spears and Jamie L. Spears permission for a proposed fence to encroach within a 16' drainage easement and an 8' easement across Lot 73, Harper's Mill, Section 2, 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: Decker, Jaeckle, Warren, Holland and Elswick. Nays: None. J J J 11-391 8.C.17.f. FROM EUGENE T. THOMAS, JR. AND TIA K. THOMAS FOR A PROPOSED FENCE TO ENCROACH WITHIN A SIXTEEN-FOOT DRAINAGE EASEMENT ACROSS LOT 1, BEXLEY WEST, SECTION 5 On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board granted Eugene T. Thomas, Jr. and Tia K. Thomas permission for a proposed fence to encroach within a 16' drainage easement across Lot 1, Bexley West, Section 5, 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: Gecker, Jaeckle, Warren, Holland and Elswick. Nays: None. 8.C.18. AWARD OF CONSTRUCTION CONTRACT FOR THE NORTH BAILEY BRIDGE ROAD WATERLINE PROJECT On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board awarded a construction contract to Enviroscape, Inc., in the amount of $125,642.00; appropriated and transferred $20,000 from the water fund balance to the North Bailey Bridge Road Waterline project 65092-11492U1; and authorized the County Administrator to execute the necessary documents. Ayes: Gecker, Jaeckle, Warren, Holland and Elswick. Nays: None. 8.C.19. APPROVAL OF MEMORANDUM OF UNDERSTANDING WITH VIRGINIA STATE UNIVERSITY FOR WATER AND WASTEWATER SERVICES On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board approved a Memorandum of Understanding with Virginia State University for water and wastewater services and authorized the County Administrator to execute any documents necessary to implement the MOU. (It is noted a copy of the MOU is filed with the papers of this Board.) Ayes: Gecker, Jaeckle, Warren, Holland and Elswick. Nays: None. 8.C.20. CONVEYANCE OF EASEMENT TO VERIZON INCORPORATED FOR AN ELECTRONICS CABINET TO PROVIDE ADDITIONAL SERVICE TO MATOACA MIDDLE SCHOOL WEST FOR TECHNOLOGY UPGRADES On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute an easement. agreement with Verizon Virginia Inc. for an electronics cabinet to provide additional service to Matoaca Middle School West for technology upgrades. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Gecker, Jaeckle, Warren, Holland and Elswick. Nays: None. 11-392 8.C.21. TRANSFER OF FUNDS AND AUTHORIZATION OF CHANGE ORDERS FnR THE CHALKLEY ROAD CURVE REALIGNMENT PROJECT NORTH OF ECOFF AVENUE On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board transferred $64,000 of the project savings from the completed Chalkley Road shoulder (Route 10 to Beckinham Drive) and Curve Realignment (Autumn Oaks) Project; and authorized the County Administrator to execute change orders, if necessary, up to $115,000 for the project. Ayes: Nays: 8.C.22. Gecker, Jaeckle, Warren, Holland and Elswick. None. THE POWHITE PARKWAY/OLD HUNDRED ROAD (ROUTE 288 TO WATERMILL PARKWAY) WIDENING PROJECT AUTHORIZATION OF CHANGE ORDERS FOR AND ADDITIONS TO On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board authorized the County Administrator to execute a change order for the temporary traffic signal authorized by staff; authorized the Old Hundred Road repaving, paved shoulders and guardrail replacement to be included in the project; and authorized the County Administrator to execute change orders, using the existing project funding, if necessary, up to $1.5 million for the project. Ayes: Gecker, Jaeckle, Warren, Holland and Elswick. Nays: None. 8.C.23. APPROVAL OF FY2012 YEAR-END ADJUSTMENTS On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board took the following actions: a. Authorized the County Administrator to assign and re- appropriate all unspent, or otherwise unreserved, FY2012 appropriations that are in excess of the FY2012 budgeted unassigned ending fund balance, contingent upon positive results of operations as detailed in the following paper. b. Appropriated revenues and expenditures for specific programs as well as authorize reallocations among general fund departments and related funds and make adjustments to revenues and expenditures as outlined on Schedule A. c. Appropriated revenues and expenditures and authorize other adjustments for specific programs, projects and non-general fund departments as outlined on Schedule B. d. Authorized the County Administrator to assign and re- appropriate various revenues and unspent expenditures totaling $4,632,019, contingent upon positive results of operations as determined by the county's financial audit as outlined on Schedule C. J J J 11-393 e. Appropriated revenues and expenditures and authorize other adjustments for the school division as outlined on Schedule D, along with any other associated transfers required as a result of the requested actions. f. Authorized the County Administrator to assign and re- appropriate $8,847,300 in school division funds, contingent upon positive results of operations as determined by the county's financial audit as outlined on Schedule E. g. Authorized the County Administrator to assign and re- appropriate $1,273,980 in Utility Department funds, contingent upon positive results of operations as determined by the county's financial audit. Ayes: Gecker, Jaeckle, Warren, Holland and Elswick. Nays: None. 8.C.24. APPROVAL OF A PERFORMANCE AGREEMENT WITH SABRA DIPPING COMPANY TO CREATE A "CENTER OF EXCELLENCE" RESEARCH AND DEVELOPMENT FACILITY AND EXPAND ITS FOOD MANUFACTURING FACILITY IN CHESTERFIELD COUNTY On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board approved a performance agreement with Sabra Dipping Company to expand its food manufacturing facility in .Chesterfield County, and appropriated and transferred all associated grant revenues to the Chesterfield Economic Development Authority. Ayes: Gecker, Jaeckle, Warren, Holland and Elswick. Nays: None. 8.C.25. EXTENSION OF TIME FOR PLANNING COMMISSION RECOMMENDATION ON AMENDMENT TO THE COMPREHENSIVE PLAN On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board extended the date for Planning Commission recommendation on amendment to the Comprehensive Plan, The Plan for Chesterfield 2035, from August 21, 2012 to September 18, 2012. Ayes: Gecker, Jaeckle, Warren, Holland and Elswick. Nays: None. 8.C.26. AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT FOR THE ROBIOUS ROAD WIDENING BOND PROJECT FROM TWIN TEAM LANE TO ROBIOUS FOREST WAY On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board authorized the County Administrator to award the reduced scope and negotiated bid contract of $2,090,607.77 to Branscome Richmond for the Robious Road Widening Bond Project from Twin Team Lane to Robious Forest Way. Ayes: Gecker, Jaeckle, Warren, Holland and Elswick. Nays: None. 11-394 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 12PD0165) TO PERMIT A PUBLIC PARK AT THE POINT OF ROCKS HISTORIC GROUNDS AND HOME On motion of Mr. Warren, seconded by Mr. Holland, 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; and a Report of Planning Commission Substantial Accord Determination for Chesterfield County Parks and Recreation (Case 12PD0165) to Permit a Public Park at the Point of Rocks Historic Grounds and Home. Ayes: Gecker, Jaeckle, Warren, Holland and Elswick. Nays: None. 10. MATTERS FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED There were no requests to address the Board at this time. 11. DINNER On motion of Mr. Holland, seconded by Ms. Jaeckle, the Board recessed to Room 502, for dinner. Ayes: Gecker, Jaeckle, Warren, Holland and Elswick. Nays: None. Reconvening: 12. INVOCATION Dr. Sheryl Bailey, Deputy County Administrator for Management Services, gave the invocation. 13. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Eagle Scout Matthew James led the Pledge of Allegiance. J J J 11-395 14. RESOLUTIONS 14.A. RECOGNIZING CROXTON'S INCORPORATED ON ITS 40TH ANNIVERSARY AS A VALUED MEMBER OF CHESTERFIELD COUNTY'S BUSINESS COMMUNITY Mr. Kappel introduced Mr. Bill Croxton and members of the Croxton family, who were present to receive the resolution. On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board adopted the following resolution: WHEREAS, Mr. Bill Croxton began constructing homes in Chesterfield County, Virginia, in 1972; and WHEREAS, since that time, his company, Croxton's Inc., has built homes and renovated or remodeled others in many of the county's neighborhoods; and WHEREAS, among the neighborhoods that feature Croxton's craftsmanship are Old Coach Hills; Kendall Acres; Treemont; Indian Springs; Lake Hills; Erin Green; Summit Point; Rivers Bend; Wellington Farms; The Highlands; Woodland Pond; Scottmar; Stonehenge; Salisbury; Rosemont; Bexley; and Founders Bridge; and WHEREAS, in addition to these, Croxton's Inc. has also performed work on numerous private lots throughout the county; and WHEREAS, both the Richmond Home Builders Association and the Southside Home Builders Association have presented Croxton's Inc. with awards for best bath and best master suite;-and WHEREAS,.Mr. Bill Croxton Sr. served as president of the Richmond Home Builders Association in 1982; and WHEREAS, his son, Mr. Billy Croxton, served on the Board of Directors of the Southside Home Builders Association in 1995-1996; and WHEREAS, upon Mr. Bill Croxton's retirement in 2000, Mr. Billy Croxton purchased the business from his father; and WHEREAS, Mr. Billy Croxton has donated his time and talents to building churches in Southwest Virginia; and WHEREAS, Mr. Billy Croxton also has served his church on several foreign mission trips, during which he built churches in Trinidad and Slovakia; and WHEREAS, Mr. Billy Croxton currently serves on the Board of Directors of the Richmond Outreach Center and drives a bus each week to Mosby and Whitcomb courts in Richmond to provide transportation to inner city residents who attend the Richmond Outreach Center; and WHEREAS, Mr. Billy Croxton and his wife, Beth, and daughter, Anne Curtis, make their home in one of the county's historic residential properties in Midlothian; and 11-396 WHEREAS, Mr. Bill Croxton and his wife, Mildred., reside in Chester, where he remains active in the real-estate business at the age of 84; and WHEREAS, for 40 years, the Croxton family and their company have contributed to the construction and maintenance of quality housing in Chesterfield County, Virginia, where Croxton's Inc. has been a valued member of the local business community; and WHEREAS, the Croxton family has been a strong contributor to Chesterfield County and the Greater Richmond region over the past four decades, and has made many positive improvements in the communities in which they have lived and worked. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 27th day of June 2012, publicly recognizes ,the outstanding business and civic contributions of Croxton's Inc. over the past 40 years, and extends best wishes for continued success. AND, BE IT FURTHER RESOLVED that a copy of this resolution be presented to Croxton's Inc. and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Ayes: Gecker, Jaeckle, Warren, Holland and Elswick. Nays: None. Mr. Gecker commended the Croxton family for the outstanding business and civic contributions to the community and extended best wishes for continued success. Mr. Bill Croxton, accompanied by his family, expressed his appreciation to the Board for the recognition. 14.B. RECOGNIZING MS. MARY "LIZ" WELCHONS FOR HER CONTRIBUTIONS TO THE CHESTERFIELD-COLONIAL HEIGHTS BOARD OF SOCIAL SERVICES Ms. Sharpe introduced Ms. Mary "Liz" Welchons, who was present to receive the resolution. On motion of Mr. Holland, seconded by Mr. Warren, the Board adopted the following resolution: WHEREAS, the Chesterfield-Colonial Heights Social Services Board is a citizen board established by the Code of Virginia, responsible for oversight and policy guidance to the department in its pursuit of excellence in providing services to individuals, families and the community; and WHEREAS, Mrs. Mary "Liz" Welchons was appointed by the Chesterfield County Board of Supervisors to serve on the Chesterfield-Colonial Heights Board of Social Services in July 2004 and continued in this role until June 2012, having served a total of eight years; and WHEREAS, Mrs. Welchons served capably as 2nd Vice-Chair of the Chesterfield-Colonial Heights Board of Social Services from July 2005 through June 2006, and Chair from June 2006 through June 2011; and J J J 11-397 WHEREAS, Mrs. Welchons is a tireless and strong advocate for departmental needs and continuously demonstrates support of and a commitment to all employees of the Chesterfield- Colonial Heights Department of Social Services, consistently taking time to recognize and express interest in employees; and WHEREAS, during Mrs. Welchons' tenure, the department has continued to strive for excellence and engage in a process of continuous improvement, such as the department's leadership in the statewide Children's Service System Transformation, success in recruiting foster and adoptive families, and ensuring permanency for children through foster care prevention, reunification or adoption; and WHEREAS, during Mrs. Welchons' service on the board, numerous successful initiatives have been implemented, such as Tools for School, in which community members donate school supplies for youth at the beginning of each school year; and WHEREAS, while .Mrs. Welchons served on the board, the department experienced unprecedented growth in the number of residents requesting services and at the same time the department received numerous recognitions including a USDA payment accuracy award and a national Hunger Champion award; and WHEREAS, Mrs. Welchons is genuinely interested in the protection and well-being of all citizens in Chesterfield and Colonial Heights with a particular commitment to children, the elderly and disabled; and WHEREAS, Mrs. Welchons is a pleasure to know and to work with, and as a Board member has been dedicated throughout her tenure and will be missed. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 27th day of June 2012, publicly commends and recognizes Mrs. Mary "Liz" Welchons for her commitment and outstanding service to the Social Services Board and to the citizens of Chesterfield and Colonial. Heights. AND, BE IT FURTHER RESOLVED that a copy of this resolution be presented to Mrs. Welchons, and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Ayes: Gecker, Jaeckle, Warren, Holland and Elswick. Nays: None. Mr. Holland commended Mrs. Welchons for her commitment and exceptional service to the Social Services Board. Ms. Jaeckle highly praised Mrs. Welchons for her dedication and commitment t'o the children and the elderly. Mrs. Welchons, accompanied by her husband, expressed her appreciation to the Board for the recognition. 11-398 14.C. RECOGNIZING MR. J.K. "KEN" TIMMONS, SR. FOR HIS OUTSTANDING CONTRIBUTIONS TO THE DEVELOPMENT OF CHESTERFIELD COUNTY Mr. Kappel introduced Mr. Jeff Timmons, Mr. Chris Timmons and Mr. Ken Timmons, Jr., who were present to receive the resolution on Mr. J.K. "Ken" Timmons behalf. On motion of Mr. Holland, seconded by Mr. Elswick, the Board adopted the following resolution: WHEREAS, Mr. J.K. "Ken" Timmons, Sr. is a visionary land planner who has had a profoundly positive influence on Chesterfield County's development for the past 50 years; and WHEREAS, Mr. Timmons is widely recognized and highly regarded as a professional engineer and astute businessman; and WHEREAS, over the course of many years, Mr. Timmons has advocated for conservative local government committed to creating a locality offering exceptional quality of life; and WHEREAS, Mr. Timmons has worked tirelessly to enhance the county as a location known both for its quality of life and business opportunities; and WHEREAS, at a time when Chesterfield County was a rapidly growing locality, Mr. Timmons was sought after by county leaders for his insights and advice regarding land-use concepts; and WHEREAS, Mr. Timmons worked to maintain the Huguenot and Robious Roads corridor as a residential community area of the highest standards; and WHEREAS, among his legacies are the Salisbury and Reeds Landing communities, for which he had the vision, planning and development expertise; and WHEREAS, in particular, Mr. Timmons' personal involvement in the Salisbury community led to that community becoming a model that set the standard for future residential development in the county; and WHEREAS, his interest in architecture and golf-course design led him to travel across the south to garner ideas for golf courses; and WHEREAS, Mr. Timmons subsequently developed the Foundry Golf Course in nearby Powhatan County, Virginia; and WHEREAS, Mr. Timmons was instrumental in bringing about the infrastructure that resulted in the Swift Creek Reservoir and the award-winning Brandermill community in the county. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 27th day of June 2012, publicly recognizes the exemplary achievements of Mr. J.K. "Ken" Timmons, Sr., and thanks him, on behalf of all Chesterfield County residents, for his tireless work over half a century on behalf of the residents of Chesterfield County and the Greater Metropolitan Richmond region. J J J 11-399 AND, BE IT FURTHER RESOLVED that a copy of this resolution be presented to Mr. Timmons, and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Ayes: Gecker, Jaeckle, Warren, Holland and Elswick. Nays: None. Mr. Warren commended Mr. Timmons on his exemplary achievements and commitment to Chesterfield County and its residents. Mr. Timmons sons Jeff, Chris and Ken Timmons, Jr. expressed their appreciation, on behalf of their father, to the Board for the recognition. 14.D. RECOGNIZING MR. PAUL DASKIEWICZ, CHESTERFIELD COUNTY'S 2012 TEACHER OF THE YEAR Mr. Kappel introduced Mr. Paul Daskiewicz, who was present to receive the resolution. On motion of Mr. Holland, seconded by Mr. Warren, the Board adopted the following resolution: WHEREAS, Mr. Paul Daszkiewicz is a math teacher at Meadowbrook High School in Chesterfield County, Virginia; and WHEREAS, Mr. Daszkiewicz began his career as a math teacher at Meadowbrook High School in 1990; and WHEREAS, he currently teaches Algebra II, Probability/ Statistics and Pre-calculus; and WHEREAS, Mr. Daszkiewicz earned his bachelor's degree from Virginia Polytechnic Institute and State University, commonly known as Virginia Tech, and his master's degree from Virginia Commonwealth University; and WHEREAS, Chesterfield County Public Schools has announced that Mr. Daszkiewicz has been selected as Meadowbrook High School's Teacher of the Year; and WHEREAS, he also has been named as Chesterfield County's Teacher of the Year and is eligible for selection as one of eight regional Teachers of the Year from across the state, who then will be considered for selection as the Virginia Teacher of the Year; and WHEREAS, Mr. Daszkiewicz has distinguished himself through his professional knowledge, dedication and leadership skills. NOW, THEREFORE, BE IT RESOLVED that .the Chesterfield County Board of Supervisors, this 27th day of June 2012, publicly recognizes Mr. Paul Daszkiewicz as an outstanding educator and extends best wishes for continued success in his career with Chesterfield County Public Schools. 11-400 AND, BE IT FURTHER RESOLVED that a copy of this resolution be presented to Mr. Daszkiewicz and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Ayes: Gecker, Jaeckle, Warren, Holland and Elswick. Nays: None. Mr. Holland congratulated Mr. Daszkiewicz for his award as an outstanding educator and wished him continued success in his career. Dr. Thomas Ferrell, Principal of Meadowbrook High School, commended Mr. Daszkiewicz on his many achievements and continued dedication. Mr. Daszkiewicz, accompanied by his wife, expressed his appreciation to the Board for the recognition. 14.E. EAGLE SCOUT RECOGNIZING BOY SCOUTS UPON ATTAINING THE RANK OF Mr. Kappel introduced Mr. Matthew Douglas James, Mr. Cory Anthony Samartano, Mr. Eric Dominic Underwood, Jr., Mr. Matthew R. Armantrout, and Mr. Jan Carlton LaRiviere, who were present to receive their resolutions. On motion of Mr. Holland, seconded by Mr. Elswick, the Board adopted the following resolution: WHEREAS, the Boy Scouts of America was incorporated by Mr. William D. Boyce on February 8, 1910, and was chartered by Congress in 1916; and WHEREAS, the Boy Scouts of America was founded to build character, provide citizenship training and promote physical fitness; and WHEREAS, after earning at least twenty-one merit badges in a wide variety of skills including leadership, service and outdoor life, serving in a leadership position in a troop, carrying out a service project beneficial to his community, being active in the troop, demonstrating Scout spirit, and living up to the Scout Oath and Law, Mr. Matthew Douglas James, Troop 1810, sponsored by the Church of the Epiphany; Mr. Cory Anthony Samartano and Mr. Eric Dominic Underwood, Jr., both of Troop 2877, sponsored by Chester Presbyterian Church; Mr. Matthew R. Armantrout, Troop 867, sponsored by the Church of Jesus Christ of Latter Day Saints; and Mr. Jan Carlton LaRiviere, Troop 2886, sponsored by Trinity United Methodist Church, have accomplished those high standards of commitment and have reached the long-sought goal of Eagle Scout, which is received by only four percent of those individuals entering the Scouting movement; and WHEREAS, growing through their experiences in Scouting, learning the. lessons of responsible citizenship, and endeavoring to prepare themselves for a role as leaders in society, Matt, Cory, Dominic, Matthew and J.C. have distinguished themselves as members of a new generation of prepared young citizens of whom we can all be very proud. J J J 11-401 NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 27th day of June 2012, publicly recognizes Mr. Matthew Douglas James, Mr. Cory Anthony Samartano, Mr. Eric Dominic Underwood, Jr., Mr. Matthew R. Armantrout and Mr. Jan Carlton LaRiviere, extends congratulations on their attainment of Eagle Scout, and acknowledges the good fortune of the county to have such outstanding young men as its citizens. Ayes: Gecker, Jaeckle, Warren, Holland and Elswick. Nays: None. Mr. Gecker, Mr. Elswick and Mr. Holland presented the executed resolutions and patches to each of the Eagle Scouts, accompanied by members of their families, congratulated them on their outstanding achievements, and wished them well in future endeavors. Each of the scouts provided details of their Eagle Scout project and expressed appreciation to their parents and other for their support. 15. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED MATTERS Mr. Freddy Boisseau addressed the Board relative to the franchise agreement between Comcast and Chesterfield County. The following item was removed from the Consent Agenda for Board discussion and moved to the evening agenda: 8.C.14. CREATION OF SCHOOL HEALTH NURSE POSITIONS Ms. Jaeckle expressed concerns relative to the increase in per pupil spending on school health nurses for the upcoming FY2012-2013 school year and those effects on classroom size. In response to Ms. Jaeckle's concerns, Dr. Jaberi stated public health nurses not only do the traditional roles of school nurses, but maintain a healthy school environment and serve as public health advocates. He further stated because those public health nurses are hired through the Health Department, they can also respond in times of emergency preparedness. In regards to funding, he stated there will be flexibility in FY2014 when the state standard is relaxed to $75 per pupil. He noted innovative ways are being created to utilize space in schools. In response to Mr. Gecker's question, Mr. Myers stated the School Board has worked for the last three years very diligently through their legislative agenda to talk about flexibility with regards to the use of state funding. He further stated the School Board took action to accept the funding to use for nurses. He stated the method that is in place today is to go through the Health Department, which would mean approval of those positions by the Board of Supervisors to continue the practice. He further stated a contractual arrangement could be another option; however the School Board wants to use the dollars effectively. He stated updated state basic aid calculations require school divisions across the Commonwealth to increase per pupil spending on school health nurses for the upcoming school year. 11-402 Mr. Gecker stated the increase results from the updating of prevailing statewide cost averages for school nurses as part of the biennial re-benchmarking process. In response to Mr. Gecker's question, Mr. Myers stated funding is received throughout the course of the year. He further stated the state requirements stipulate that the expenditures must be related to personnel costs for nurse positions. In response to Ms. Jaeckle's question, Mr. Mincks stated there is an obligation to provide the service, regardless of the re-benchmarking. Ms. Jaeckle expressed concerns relative to the school health nurse program's costs that are funded by the school division. Mr. Myers stated Ms. Jaeckle's concerns can be raised before state elected officials for FY2014. In response to Mr. Gecker's questions, Dr. Jaberi stated there is a possibility to lose one school nurse position in the future. He further stated if all ten positions were eliminated, a division of labor would be enacted. He stated there were issues raised regarding shared school nurses throughout the school system. He further stated the program needed those ten school nurse positions, although the positions were not incorporated in the budget. In response to Ms. Jaeckle's comments, Dr. Jaberi stated cutbacks to the Health Department are not affecting the health and safety of the county and the department is able to meet current levels of demands. Mr. Holland specified his support for the creation of 10 full-time positions. Mr. Gecker stated those positions are dedicated to the school and there is no reason to ask the School Board to separately contract with a nursing firm. Mr. Stegmaier noted if a decision is made to contract services or use temporary positions, rather than full-time positions, the .Board will be informed. Mr. Gecker stated flexibly is being provided between the school division and through county administration regardless of what decision is made. Mr. Myers stated the School Board accepted revenue from the state which was unanticipated when the budget was originally approved. He further stated those additional positions through the shared services. approach reside with the Health Department. Ms. Jaeckle made a motion, seconded by Mr. Holland, for the Board to approve the creation of 10 full-time positions (8 public health nurses, 1 nurse supervisor, and 1 nurse manager) in the Health Department and increased school reimbursement revenue by $705,900 to fund the positions. Ayes: Gecker, Jaeckle, Warren, Holland and Elswick. Nays: None. J J J 11-403 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 i2~Nnin~ (Amended) In Midlothian Magisterial District, Holiday Signs c/o Allen M. Twedt requests conditional use approval and amendment of zoning district map to permit a computer- controlled, variable message, electronic sign in a General Business (C-5) District on .5 acre known as 11665 Midlothian Turnpike. Density will be controlled by zoning conditions or ordinance standards. The Comprehensive Plan suggests the property is appropriate for general commercial use. Tax ID 739-708-6141. Mr. Turner stated the applicant has withdrawn the request. Mr. Gecker made a motion, seconded by Mr. Holland for the Board to acknowledge the withdrawal of Case 12SN0105. Ayes: Gecker, Jaeckle, Warren, Holland and Elswick. Nays: None. 12SN0134 In Bermuda Magisterial District, Ironbridge Corner LC requests amendment of conditional use (Case 07SN0375) and amendment of zoning district map relative to age restriction in a Community Business (C-3) District on 19.8 acres located in the northeast corner of the intersection of Ironbridge Parkway and Iron Bridge Road. Density will be controlled by zoning conditions or ordinance standards. The Comprehensive Plan suggests the property is appropriate for community mixed use. Tax ID 774-66-6268. Mr. Turner stated Ms. Jaeckle has requested a 30-day deferral of Case 12SN0134. Ms. Carrie Coyner, representing the applicant, noted staff has received the submittal of a draft proffered condition to increase cash proffers to provide $3,009 per dwelling unit towards school improvements. Mr. Gecker called for public comment. Mr. Paul Grasewicz stated he supports the proffer being proposed because it addresses the impact of the development on capital facilities for schools. There being no one else to speak to the request, the public hearing was closed. Ms. Jaeckle made a motion, seconded by Mr. Elswick, for the Board to defer Case 12SN0134 until July 25, 2012. Ayes: Gecker, Jaeckle, Warren, Holland and Elswick. Nays: None. 11-404 12SN0161 In Bermuda Magisterial District, Floyd R. Ragsdale requests rezoning and amendment of zoning district map from Agricultural (A) General Business (C-5) on 3.3 acres fronting 450 feet on the east line of Happy Hill Road, 2100 feet south of Woods Edge Road. Density will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for commercial use. Tax IDs 801-634-5353 and 6870. Mr. Turner presented a summary of Case 12SN0161 and stated both the Planning Commission and staff recommended approval and acceptance of the proffered condition. Mr. Floyd Ragsdale accepted the recommendation. Mr. Gecker called for public comment. There being no one to speak to the request, the public hearing was closed. Ms. Jaeckle commended Mr. Ragsdale for working with the neighbors to address any concerns that were raised. Ms. Jaeckle then made a motion, seconded by Mr. Holland, for the Board to approve Case 12SN0161 and accept the following proffered condition: In addition to the retail sale of landscaping materials, uses shall be limited as follows: • Permitted uses by right. 1. Motor vehicle sales, service, repair and rental, excluding motor vehicle consignment lots. 2. Wholesale trade of any products permitted to be sold at retail in this district. 3. Auction sales or salvage barns. 4. Boat sales, service, repair and rental. 5. Building material sales yards, not including concrete mixing. 6. Contractor's shops and storage yards. 7. Display sheds, garages, carports and houses sales including "shell" houses sales. 8. Farm implements and machinery sales, service, rental and repair establishments. 9. Manufactured home, modular home and travel trailer sales, service, repair and rental. 10. Utility trailer and truck sales, service, repair and rental. 11. Carpenter and cabinetmakers' offices and display rooms. J J J 11-405 12. Contractors' offices and display rooms. 13. Electrical; plumbing or heating supply sales, service and related display rooms. 14. Feed, seed and ice sales. 15. Fraternal uses. 16. Greenhouses or nurseries. 17. Indoor flea markets. 18. Motor vehicle washes. 19. Repair services. 20. Restaurants. 21. Schools - commercial, trade, vocational and training. 22. Art schools, galleries or museums. 23. Artist material and supply stores. 24. Bicycle sales and rentals. 25. Catering establishments. 26. Churches and/or Sunday schools. 27. Clothing stores. 28. Communication studios, offices and stations, exclusive of towers. 29. Curio or gift shops. 30. Funeral homes or mortuaries. 31. Health clubs. 32. Hobby stores. 33. Libraries. 34. Locksmith operations. 35. Meat or seafood markets. 36. Paint and wallpaper stores. 37. Photography studios. 38. Rental of health and party equipment; and small home hardware, tools and equipment. 39. Rest, convalescent or nursing homes and other group care facilities. 40. Schools--music, dance and business. 11-406 41. Sporting goods sales. 42. Automobile self-service stations. 43. Access to any land located in an agricultural, office, business or industrial district or access to any land used for agricultural, office or industrial purposes. 44. Bakery goods store. 45. Barber or beauty shop. 46. Book, stationery, newspaper or magazine store. 47. Candy store. 48. Florist shop. 49. Grocery store. 50. Hardware store. 51. Nursery schools and child or adult care centers and kindergartens. 52. Offices. 53. Shoe repair shop. 54. Tailoring and dressmaking shops. 55. Underground utility uses when such uses are located in easements or in public road rights- of-way, except as provided in section 19- 145 (a) . 56. Motor vehicle accessory store. Uses permitted with certain restrictions. 1. warehouses for permitted uses, provided that such- buildings shall be set back a minimum of 100 feet from adjacent R, R-TH, R-MF or O Districts or A Districts that are shown on the comprehensive plan for R, R-TH, R-MF or O use when loading/warehouse areas are oriented toward such properties. The 100-foot setback shall be landscaped according to section 19-513(a)(4) of the Development Standards Manual. When loading/warehouse areas are oriented away from adjacent R, R-TH, R-MF or O Districts, setbacks shall be governed by the setbacks of this district. 2. Outside storage, as accessory to a permitted use, including, but not limited to: retail building materials; construction equipment/materials; outside runs for commercial kennels or veterinary hospitals; feed/seed items; garden centers, greenhouses, hot houses; miscellaneous materials for retail/wholesale sales; provided that: 11-407 (a) Such uses are screened from view of any adjacent properties on which such uses are not permitted or do not exist, and from areas currently zoned A and designated on the comprehensive plan for R, A, O, or I-1 uses and external public road rights-of-way. (b) No more than ten percent of the gross floor area of the principal use may be used for outdoor storage. C~ 3. Prepared food and fruit and vegetable vendors, provided that: (a) Only prepared food fruits and vegetables shall be sold; (b) They shall be permitted only on a lot or parcel occupied by a permanent use; (c) They shall be located where improved permanent parking facilities are available for their use, provided that the required minimum and most convenient parking spaces for the existing permanent use shall be used; (d) Any temporary structure, vehicle, sign or other material associated with or resulting from the use shall be removed from the lot or parcel no later than 24 hours following the end of the temporary sale cessation of the use; and (e) All vendor areas shall be located a minimum of 1,000 feet from any property in an R, R-TH or R-MF District or any property currently zoned Agricultural and designated for residential use on the comprehensive plan unless the sales area is separate from the property by a permanent building, provided that all such areas shall be located in accordance with the district's minimum yard setbacks. 4. Communication towers, provided that the structure is architecturally incorporated into and compatible with the design of a building used for a permitted use. 5. Temporary outdoor Christmas tree sales, provided that: (a) Sales shall not begin before November 15 and shall be restricted to retail sales of Christmas trees, wreaths, holly and similar ~ decorative horticultural materials. (b) A temporary stand not to exceed 200 square feet in area may be constructed or placed onsite in accordance with any applicable law,. and/or one properly licensed, inspected and operative truck or other vehicle may be parked, when utilized for such sales. 11-408 Mr. Elswick stated this is the hardest decision he has had to make since being on the Board of Supervisors. Mr. Elswick then made a motion, seconded by Mr. Holland, for the Board to authorize the County Attorney to proceed with eminent domain for the acquisition of permanent water and temporary construction easements for the Grange Hall Elementary School Offsite Waterline Extension Project across the property of WLW, L.L.C., 19300 Hull Street Road, and to authorize staff to enter and take such easement prior to eminent domain. In response to Ms. Jaeckle's question, Mr. Turner stated the location of the property is shown on the Comprehensive Plan as lined with the end of the proposed interchange of Powhite Parkway and Route 360. In response to Mr. Decker's question, Mr. Turner stated only a portion of the property is being used to bury the waterline. He further stated the property owner could still use the easement to satisfy landscaping requirements. Mr. Decker called for a vote on the motion made by Mr. Elswick, seconded by Mr. Holland, for the Board to authorize the County Attorney to proceed with eminent domain for the acquisition of permanent water and .temporary construction easements for the Grange Hall Elementary School Offsite Waterline Extension Project across the property of WLW, L.L.C., 19300 Hull Street Road, and to authorize staff to enter and take such easement prior to eminent domain. Ayes: Decker, Jaeckle, Warren, Holland and Elswick. Nays: None. 18. REMAINING MANUFACTURED HOME PERMITS AND ZONING REQUESTS There were no remaining requests for manufactured home permits or rezoning at this time. 19. MATTERS FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED There were no requests to address the Board at this time. 20. ADJOURNMENT On motion of Mr. Elswick, seconded by Ms. Jaeckle, the Board adjourned at 8:16 p.m. until July 25, 2012 at 3:00 p.m. Ayes: Decker, Jaeckle, Warren, Holland and Elswick. Nays: None. J mes J. tegmai Daniel A. Decker ounty dministrator Chairman 11-413