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2012-08-22 MinutesBOARD OF SUPERVISORS MINUTES August 22, 2012 Supervisors in Attendance: Staff in Attendance: Mr. Daniel A. Ms. Dorothy A Mr. Arthur S. Mr. James M. Mr. Stephen A Gecker, Chairman Mr. Mike Bacile, Dir., Jaeckle, Vice Chrm. Purchasing warren Holland . Elswick Mr. James J. L. Stegmaier County Administrator Dr. Sheryl Bailey, Dep. County Administrator, Management Services Ms. Janice Blakley, Clerk to the Board Ms. Marilyn Brown, Dir., Juvenile Detention Home Ms. Debbie Burcham, Exec. Dir., Community Services Board Mr. Allan Carmody, Dir., Budget and Management Ms. Jana Carter, Dir., Juvenile Services Mr. Barry Condrey, Chief Information Officer Mr. Roy Covington, Dir., Utilities Ms. Mary Ann Curtin, Dir., Intergovtl. Relations Mr. Jonathan Davis, Dir., Real Estate Assessments Mr. Will Davis, Dir., Economic Development Mr. William Dupler, Dep. County Administrator, Community Development Colonel Thierry Dupuis, Police Department Mr. Robert Eanes, Asst. to the County Administrator Mr. Michael Golden, Dir., Parks and Recreation Mr. Lawrence C. Haake, III, Registrar Mr. John W. Harmon, Real Property Manager Dr. Parham Jaberi, Dir. Health Department Mr. Donald Kappel, Dir., Public Affairs Mr. Rob Key, Director, General Services Mr. Louis Lassiter, Asst. County Administrator Mr. Mike Mabe, Director, Libraries Ms. Mary Martin Selby, Dir., Human Resource Services 12-455 Mr. Jeffrey L. Mincks, County Attorney 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. Rick Witt, Building Official 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 JULY 25, 2012 On motion of Ms. Jaeckle, seconded by Mr. Elswick, the Board approved the minutes of July 25, 2012, as submitted. Ayes: Gecker, Jaeckle, Warren, Holland and Elswick. Nays: None. 2. COUNTY ADMINISTRATOR'S COMMENTS 2.A. COUNTY ADMINISTRATOR'S REPORT 2.B. SPORTS TOURISM UPDATE • Mr. Stegmaier introduced Mr. John Lugbill, Executive Director of Sports Backers. Mr. John Lugbill updated the. Board on sports tourism in the county and the surrounding region. He stated there has been a 45 percent increase in economic impact relative to sports tourism events within the county in FY2011-2012. He further stated sports tourism has resulted in a 10 percent increase in hotel occupancy tax growth over the past year. He reviewed some of the events held in Chesterfield in FY2011-2012 and presented information regarding a number of new facilities that have been developed and are being developed within the county. In closing, he stated sports tourism is thriving and there is a real opportunity for continuous growth. Mr. Gecker expressed his appreciation to Mr. Lugbill for the informative presentation and stated he is very pleased with the direction that the sports tourism initiative has taken to enhance healthy, active lifestyles. Mr. Lugbill stated community efforts are the main reason for successful results. J J J 12-456 Mr. Warren expressed appreciation to Mr. Lugbill and commended him for his vision and passion in regards to the young people of the community. He stated small businesses benefit from the sport attractions as well. Ms. Jaeckle expressed her appreciation to Mr. Lugbill and commended him for his incredible vision for the region, especially the Ukrop's Monument Avenue lOK. Mr. Holland commended Mr. and the tremendous regional the county. He stated he schools to form swim teams. Lugbill for his leadership efforts that have benefited has encouraged local high Mr. Elswick concurred with the comments of the Board. Mr. Decker stated the sporting events add to the quality of life of local residents who participate. • Mr. Stegmaier introduced Mr. Roy Covington, Director of Utilities. Mr. Roy Covington provided an update to the Board on the water situation for Lake Chesdin and the Appomattox River Water Authority. He stated mandatory water restrictions in Chesterfield County are being implemented effective August 23rd. He further stated by Appomattox River Water Authority policy, restrictions in all member jurisdictions will remain in place until the reservoir is full. Mr. Elswick inquired whether the Matoaca water flow gauge could be moved closer to the dam in order to determine the accuracy of the amount of water that needs to be released based on the gauge data. He also inquired about the cost needed to install additional gauges to determine the water flow at Whippernock Creek and other surrounding creeks. In response to Mr. Warren's comment, Mr. Covington stated Chesterfield County is a member of the Appomattox River Water Authority, which serves 50 percent of the county's total water demands. Mr. warren stated the county needs to aggressively pursue another water source. Mr. Covington stated the new director of the Appomattox River Water Authority recognizes the importance of another water source for the county and has implemented steps to achieve that goal. In response to Mr. Decker's question, Mr. Covington stated the whole county will be placed under mandatory water restrictions. He further stated it would be difficult to segregate specific areas of the county based on water limitations. Mr. Decker requested that the Board be kept apprised on a more frequent basis of the progress to pursue another water source for the county. 12-457 • Mr. Stegmaier announced Marten Transport is expanding its operation in Chesterfield County. He stated Marten Transport is a premier supplier of time and temperature sensitive transportation services. He further stated they are a full truckload, irregular route carrier providing service to all 48 states, Canada and Mexico. He stated the company has completed the construction of a new facility on Port Walthall Drive. • Mr. Stegmaier was pleased to report that earlier this month on National Night Out, thousands of Chesterfield residents came out to 116 registered parties throughout the county. He stated about 40 volunteers, including, 15 McGruffs, and more than 100 county employees came together to help make each party a success. He further stated about 20 events took place at new locations this year, including Ironbridge Sports Park and Chesterfield Town Centre. He stated the Fire Department and Sheriff's office as well as members of the Board and County Administration joined in several block parties. 3. BOARD MEMBER REPORTS Mr. Elswick announced the Matoaca District will hold a community meeting regarding the draft Comprehensive Plan on August 23rd at 6:00 p.m. at Cosby High School. Mr. Gecker announced the Midlothian District will hold a community meeting regarding the draft Comprehensive Plan on. August 30th at 6:00 p.m. at Midlothian High School. Ms. Jaeckle announced the Bermuda District will hold a community meeting regarding the draft Comprehensive Plan on August 29th at 6:00 p.m. at Thomas Dale High School. Mr. Holland announced the Dale District held a community meeting regarding the draft Comprehensive Plan on August 16th at Bird High School. Mr. Warren announced the Clover Hill District will hold a community meeting regarding the draft Comprehensive Plan on August 27th at 6:00 p.m. at Monacan High School. 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 added Item 8.A.2., Appointment to the Social Services Board; added Item 8.C.21., Transfer of Funds for the Robious Road Widening Bond Project from Twin Team Lane to Robious Forest Way; and adopted the agenda, as amended. Ayes: Gecker, Jaeckle, Warren, Holland and Elswick. Nays: None. J J J 12-458 5. RESOLUTIONS AND SPECIAL RECOGNITIONS 5.A. RECOGNIZING 2012 NACO AND VACO ACHIEVEMENT AWARD WINNERS Mr. Lassiter stated Chesterfield County is the recipient of 11 Achievement Awards from the National Association of Counties (NACo) this year for innovative programs and services. He extended congratulations to Mr. Don Kappel and the Public Affairs staff for the eight awards they received from the National Association of County Information Officers. The following recipients were recognized by Mr. Gecker and Mr. Stegmaier, and department representatives were presented with the 2012 NACo Achievement Awards: DEPARTMENT PROJECT Adolescent Reporting Program Chesterfield Adolescent Reporting Program Center for Organizational Excellence Emerging Senior Leader Program: Ensuring-Our Future Human Resource Management Diversity Management . A New Approach Modernizing Leave Plans: Paid Time Off Information Systems Technology Civil War Earthworks Preservation CitizenGIS Juvenile Services Capping a Community Problem: Partnerships for Preventing Refrigerant Huffing Library Services iHunt: Crack the CCPL Code Enhancing Customer Knowledge of eReaders and Digital Collections (Also VACo Award Winner) Planning The Ready to Build Expedited Plan Review Process Risk Management Safety Audit Program 12-459 Mr. Dean Lynch, Deputy Executive Director for VACo, presented the VACo Achievement Award to the recipients for the Enhancing Customer Knowledge of eReaders and Digital Collections project. Mr. Gecker and Mr. Stegmaier congratulated and commended each department on their recognitions. 5.B. RECOGNIZING MR. GEORGE W. BOWLES, JR., UTILITIES DEPARTMENT, UPON HIS RETIREMENT Mr. Covington introduced Mr. George W. Bowles, Jr., who was present to receive the resolution. On motion of Mr. Elswick, seconded by Ms. Jaeckle, the Board adopted the following resolution: WHEREAS, Mr. George W. Bowles, Jr. will retire from Chesterfield County Utilities Department on September 1, 2012; and WHEREAS, Mr. Bowles, while still attending high school from 1978 - 1980, began his public service with Chesterfield County Utilities Department working part time during the summer months gaining valuable experience and knowledge in the field of water systems maintenance and construction, and was hired full time by the Utilities Department on August 18, 1980; and WHEREAS, Mr. Bowles worked in the Utilities Department's Operations and Maintenance Division from 1980 until 2005 and during that time was promoted six times starting as a Utilities Laborer II when hired in 1980 and reaching his final promotion in the Operations Division as an Assistant Water Superintendent from 1996 to October of 2005; and WHEREAS, during the years of 1980 - 1996, Mr. Bowles performed various duties from repairing and testing meters; installing new meters and services; flushing water lines to maintain water quality; serving as team leader and supervisor of two crews; and WHEREAS, Mr. Bowles, from 1996 - 2005, was responsible for the daily operation of the water distribution facilities; assisting water plant operators; supervising and directing valve maintenance staff; maintaining a current emergency response plan; implementing a maintenance management program; coordinating maintenance and inspection of various water facilities; performing field flow tests for periodic calibration of the hydraulic water model; overseeing, the annual flushing program; and performing various special projects relating to water usage, water pressure and water quality; and WHEREAS, Mr. Bowles, seeking new challenges, was promoted on October 8, 2005 to Senior Engineer for the Development Section and has served faithfully in that position until his retirement; and J J 12-460 WHEREAS, as a Senior Engineer, Mr. Bowles updated, maintained and calibrated the department's hydraulic water model; conducted and evaluated hundreds of water model simulation requests for customers; evaluated the existing water and wastewater facilities and infrastructure needed for the future development of the county; and completed countless numbers of special projects for the department ranging from presentations, process improvements, reports, etc.; and WHEREAS, Mr. Bowles was an active member of the American Water Works Association and contributed in numerous activities for the association; and WHEREAS, Mr. Bowles was nominated for Utilities Department Employee of the Year four times in 1992, 1994, 2004 and again in 2008; and selected as the Employee of the Year in 2004; and WHEREAS, Mr. Bowles volunteered his services in many ways, such as making and/or assisting in numerous presentations to Board members, Planning Commissioners, Fire personnel, local municipalities, and American Water Works Association seminars; teaching county elementary students; representing the Virginia Section of the American Water Works Association at the 100th Boy Scout Jamboree at Fort A.P. Hill; and serving as President on the Utilities Department Employees Association from 2006 - 2009; and WHEREAS, Mr. Bowles provided valuable service to the county by serving as the key representative for the Utilities Department during the development of -the Comprehensive Land Use Plan; and WHEREAS, Mr. Bowles was admired by his peers and coworkers; highly respected by engineers and developers; willingly and faithfully worked daily to provide world class customer service to internal and external customers and consistently met or exceeded their expectations; and WHEREAS, Mr. Bowles continuously utilized his knowledge and experience to provide quality services to the department and foremost to the citizens of Chesterfield County. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 22nd day of August 2012, publicly recognizes Mr. George W. Bowles, Jr. and extends on behalf of its members and the citizens of Chesterfield County, appreciation for 32 years of exceptional service to the county. AND, BE IT FURTHER RESOLVED that a copy of this resolution be presented to Mr. Bowles 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 presented the executed resolution to Mr. Bowles, expressed appreciation for his dedication to Chesterfield County and wished him well in his retirement. 12-461 Mr. Bowles, who was accompanied by his family, expressed appreciation for the opportunity to have worked for Chesterfield County. Mr. Stegmaier presented Mr. Bowles with an acrylic statue and county watch and expressed appreciation for his outstanding service to the county. 5.C. RECOGNIZING MRS. BARBARA G. MITCHELL, GENERAL SERVICES, PRINTING CENTER, UPON HER RETIREMENT Mr. Key introduced Mrs. Barbara G. Mitchell, who was present to receive the resolution. On motion of Mr. Holland, seconded by Mr. Elswick, the Board adopted the following resolution: WHEREAS, Barbara G. Mitchell joined Chesterfield County on April 27, 1979, as a Printer's Assistant in the Printing Center of the Department of General Services; and WHEREAS, Mrs. Mitchell was reclassified to the position of Printer on January 17, 1980, and to Senior Printer on November 19, 1990; and WHEREAS, Mrs. Mitchell was nominated from the Printing Center for General Services' Employee of the Year in 1999; and WHEREAS, Mrs. Mitchell was promoted to Printing Center Supervisor on November 13, 2000; and WHEREAS, Mrs. Mitchell has been known as a self-starter and highly motivated to achieve quality production, and consistently demonstrates an ability to complete work assignments ahead of schedule; and WHEREAS, Mrs. Mitchell demonstrated a desire to learn and a willingness to try new techniques, furthering her graphic arts education by successfully completing coursework in Advanced Quality Printing; and WHEREAS, Mrs. Mitchell graduated from the Chesterfield County Supervisory Leadership Institute and the School of Quality and Continuous Improvement; and WHEREAS, Mrs. Mitchell has been a leader in quality improvement, experimenting with different combinations of paper and ink that were instrumental in the Printing Center gaining a reputation for quality that has contributed to the success of the operation; and WHEREAS, Mrs. Mitchell was innovative in developing new techniques to increase productivity without loss of quality; and WHEREAS, Mrs. Mitchell printed a five-color certificate that received an honorable mention by the International Publishing Management Association, competing with 950 entries; and J J J 12-462 WHEREAS, Mrs. Mitchell understands and can operate all of the equipment in the Printing Center, a versatility that made her an outstanding employee; and WHEREAS, Mrs. Mitchell never hesitated to come in early or work late in order to meet deadlines and ensure quality service; and WHEREAS, Mrs. Mitchell built a team at the Printing Center that serves as a model of teamwork, working together like a close-knit family, each taking the initiative to assist the others whenever needed; and WHEREAS, Mrs. Mitchell was instrumental in the Printing Center's taking on production printing functions from IST, increasing the workload by 7,000,000 copies per year. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 22nd day of August 2012, publicly recognizes Mrs. Barbara G. Mitchell, 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. AND, BE IT FURTHER RESOLVED that a copy of this resolution be presented to Mrs. Mitchell 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 E_lswick. Nays: None. Mr. Gecker presented the executed resolution to Mrs. Mitchell, expressed appreciation for her dedication to Chesterfield County and wished her well in her retirement. Mrs. Mitchell, who was accompanied by her family and staff, expressed appreciation for the opportunity to have worked for Chesterfield County. Mr. Stegmaier presented Mrs. Mitchell with an acrylic statue and county watch and expressed appreciation for her outstanding service to the county. 5.D. RECOGNIZING MR. ROBERT ALLIN, DEPARTMENT OF MENTAL HEALTH SUPPORT SERVICES, UPON HIS RETIREMENT Ms. Burcham introduced Mr. Robert Allin, who was present to receive the resolution. On motion of Mr. Warren, seconded by Mr. Holland, the Board adopted the following resolution: WHEREAS, Mr. Robert Allin has provided 34 years of dedicated and faithful service to Chesterfield County devoted to improving the lives of Chesterfield youth and their families; and 12-463 WHEREAS, Mr. Allin began his career with the Chesterfield County Department of Mental Health Support Services on November 16, 1978, as a part-time Psychologist II; and WHEREAS, Mr. Allin moved to a full-time Home Training Clinician II position on December 1, 1978, as part of a two- person team to research, develop, and implement the "Home Intervention Program" for individuals with intellectual disabilities and emotional/behavior problems, a program that received national attention and resulted in journal and text book publications; and WHEREAS, Mr. Allin was promoted to Services Supervisor in 1984; and WHEREAS, Mr. Allin was promoted in 1988 to Service Manager where he developed and led a specialized team of providers focused on working with at-risk youth and their families with the highest levels of mental health needs; and WHEREAS, Mr. Allin coined the name CAST (Child and Adolescent Services Team), the program's name that continues to this day and is widely recognized around the county and the state; and WHEREAS, Mr. Allin, through the CAST model, effectively implemented innovative treatment approaches in the clinic, home, and community, and a systems-oriented approach that is considered cutting-edge; and WHEREAS, Mr. Allin took a lead role in effectively collaborating with Chesterfield County Juvenile Courts, Social Services Department, the school system, and the Health Department to develop CART (Child and Adolescent Resource Team) in 1989, one of Chesterfield County's first formalized efforts to collaborate on meeting the needs of youth with severe emotional and behavioral problems; and WHEREAS, Mr. Allin received a National Association of Counties Award in 1993 in recognition of an interagency partnership with Chesterfield/Colonial Heights Department of Social Services that fully funded a therapist position in CAST; and WHEREAS, Mr. Allin played a key role in assisting Chesterfield County agencies to meet legislative requirements of the 1993 Comprehensive Services Act for At- Risk Youth and Families by collaborating to create the necessary local structures and processes for effective implementation of the law; and WHEREAS, Mr. Allin highly values the importance of holistic and comprehensive treatment approaches as evidenced by the development, expansion, and ongoing management of CAST flexible purchase-of-service funds that supplement clinical services to create high-powered, effective interventions for youth and their families; and J J J 12-464 WHEREAS, Mr. Allin has worked to establish community partnerships to most effectively meet the needs of Chesterfield County youth and has placed a high value on supporting and participating in clinical research efforts through ongoing partnerships with Virginia Commonwealth University; and WHEREAS, Mr. Al1in spearheaded the Chesterfield Community Services Board's successful implementation of the VICAP (Virginia Independent Clinical Assessment Program), in accordance with a General Assembly mandate and under contract with the Department of Medicaid Assistance; and WHEREAS, Mr. Allin has promoted implementation of evidenced-based practices for youth with co-occurring mental health and substance abuse problems and has maintained a high level of involvement in local efforts to build an effective system of care for at-risk youth; and WHEREAS., Mr. Allin is highly respected by team members and co-workers for his approachability, personal support, and his effective and compassionate leadership. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 22nd day of August 2012, publicly recognizes the contributions of Mr. Robert Allin, and extends appreciation for his 34 years of dedicated service to the county, congratulations upon his retirement, and best wishes for a long and happy retirement. AND, BE IT FURTHER RESOLVED that a copy of this resolution be presented to Mr. Allin, 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 presented the executed resolution to Mr. Allin, expressed appreciation for his dedication to Chesterfield County and wished him well in his retirement. Mr. Stegmaier presented Mr. Allin with an acrylic statue and county watch and expressed appreciation for his outstanding service to the county. Mr. Allin expressed appreciation for the opportunity to have worked for Chesterfield County. 6. WORK SESSIONS There were no Work Sessions at this time. 7. DEFERRED ITEMS There were no Deferred Items at this time. 12-465 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 Richmond Metropolitan Authority Board of Directors and the Social Services Board. Ayes: Gecker, Jaeckle, Warren, Holland and Elswick. Nays: None. 8.A.1. RICHMOND METROPOLITAN AUTHORITY BOARD OF DIRECTORS On motion of Ms. Jaeckle, seconded by Mr. Warren, the Board simultaneously nominated/reappointed Mr. A. Dale Cannady to serve on the Richmond Metropolitan Authority Board of Directors, whose term is effective October 1, 2012 and will expire on September 30, 2016. Ayes: Gecker, Jaeckle, Warren, Holland and Elswick. Nays: None. 8.A.2. SOCIAL SERVICES BOARD On motion of Mr. Holland, seconded by Ms. Jaeckle, the Board simultaneously nominated/appointed Mr. Andrew Crowder to serve on the Social Services Board, whose term is effective immediately and will expire on June 30, 2016. Ayes: Gecker, Jaeckle, Warren, Holland and Elswick. Nays: None. 8.B. STREETLIGHT COST APPROVAL On motion of Mr. Holland, seconded by Ms. Jaeckle, the Board approved the following streetlight installation: Dale District • In the Wilkinson Terrace subdivision, in the vicinity of 4334 - 4340 Jalee Drive. Cost to install streetlight: $636.69 Ayes: Gecker, Jaeckle, Warren, Holland and Elswick. Nays: None. J J J 12-466 8.C. CONSENT ITEMS 8.C.1. ADOPTION OF RESOLUTIONS 8.C.l.a. RECOGNIZING SEPTEMBER 3-7, 2012, AS "NATIONAL PAYROLL WEEK" IN CHESTERFIELD COUNTY On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board adopted the following resolution: WHEREAS, the American Payroll Association and its 22,000 members have launched a nationwide public awareness campaign that pays tribute to the more than 156 million people who work in the United States and the payroll professionals who support the American system by paying wages, reporting worker earnings and withholding federal employment taxes; and WHEREAS, payroll professionals in Chesterfield, Virginia play a key role in maintaining the economic health of Chesterfield County, carrying out such diverse tasks as paying into the unemployment insurance system, providing information for child support enforcement, and carrying out tax withholding, reporting and depositing; and WHEREAS, payroll departments collectively spend more than $15 billion annually complying with myriad federal and state wage and tax laws; and WHEREAS, payroll professionals play an increasingly important role ensuring the economic security of American families by helping to identify noncustodial parents and making sure they comply with their child support mandates; and WHEREAS, payroll professionals have become increasingly proactive in educating both the business community and the public at large about the payroll tax withholding systems; and WHEREAS, payroll professionals meet regularly with federal and state tax officials to discuss both improving compliance with government procedures and how compliance can be achieved at less cost to both government and businesses. NOW, THEREFORE, BE IT RESOLVED that the week in which Labor Day falls has been proclaimed "National Payroll Week," the Chesterfield County Board of Supervisors hereby gives additional support to the efforts of the people who work in Chesterfield, Virginia and of the payroll profession by proclaiming September 3-7, 2012, as "National Payroll Week" in Chesterfield, Virginia. Ayes: Gecker, Jaeckle, Warren, Holland and Elswick. Nays: None. 12-467 8.C.l.b. RECOGNIZING COUNTY EMPLOYEES UPON THEIR RETIREMENT 8.C.1.b.1. DEPUTY FIRST CLASS CALVIN W. COVERT, SHERIFF'S OFFICE On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board adopted the following resolution: WHEREAS, Mr. Calvin W. Covert began working for the Chesterfield County Sheriff's Office in November 1995 as a deputy assigned to the Jail, providing safe and secure detention of all inmates entrusted to the custody of the Sheriff; and WHEREAS, in February 1998, Mr. Covert transferred to the Chesterfield Police Department, where he worked as a Booking Technician; and WHEREAS, Mr. Covert and other personnel from the Chesterfield Police Department Records and Identification Unit received a Unit Citation for achieving a 99.7 percent accuracy rating, while operating with below-normal staffing; and WHEREAS, Deputy Covert re-joined the Sheriff's Office when booking operations and personnel were moved to the Sheriff's Office in 2005, along with opening of the new jail facility; and WHEREAS, in May 2007, Mr. Covert successfully completed the Sheriff's Office basic academy; and WHEREAS, Deputy Covert was active in community relations events, including the County Fair and the Special Olympics Tip-A-Cop fundraiser; and WHEREAS, in November 2008, Deputy Covert met all the criteria to become a Deputy First Class. NOW, THERFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes the contributions of Deputy First Class Calvin W. Covert, expresses the appreciation of all residents for his loyal and dedicated service to Chesterfield County, and extends congratulations upon his retirement, as well as their best wishes for a long and happy retirement. Ayes: Gecker, Jaeckle, Warren, Holland and Elswick. Nays: None. J J J 12-468 8.C.1.b.2. SERGEANT MICHAEL G. HEINTZELMAN, POLICE DEPARTMENT On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board adopted the following resolution: WHEREAS, Sergeant Michael G. Heintzelman will retire from the Chesterfield County Police Department on September 1, 2012, after having provided 25 years of quality service to the citizens of Chesterfield County; and WHEREAS, Sergeant Heintzelman has faithfully served the county in the capacity of Police Officer, Detective, and Sergeant; and WHEREAS, during his tenure with the Chesterfield County Police Department, Sergeant Heintzelman has served as a Firearms Instructor; Special weapons and Tactical Team member and held various assignments to include Patrol Sergeant, Traffic Sergeant, North District Community Policing Sergeant, Shift Administrative Sergeant, and School Resource Officer Sergeant; and WHEREAS, Sergeant Heintzelman has been a strong leader and a valuable asset to the Police Department; and WHEREAS, Sergeant Heintzelman is recognized for his professional attitude, and his communications and human relations skills, which he has utilized within the department and in assisting citizens of Chesterfield County; and WHEREAS, Sergeant Heintzelman has received numerous letters of commendation, thanks and appreciation during his career from the citizens of Chesterfield County for service rendered; and WHEREAS, Sergeant Heintzelman has provided the Chesterfield County Police Department with many years of loyal and dedicated service; and WHEREAS, Chesterfield County and the Board of Supervisors will miss Sergeant Heintzelman's diligent service. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes Sergeant Michael G. Heintzelman, 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. 12-469 8.C.1.b.3. CAPTAIN LORRIE A. SMITH, POLICE DEPARTMENT On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board adopted the following resolution: WHEREAS, Captain Lorrie A. Smith will retire from the Chesterfield County Police Department on September 1, 2012, after having provided more than 28 years of outstanding, quality service to the citizens of Chesterfield County; and WHEREAS, Captain Smith has faithfully served the county in the capacity of Police Officer, Investigator, Detective, Sergeant, Lieutenant and Captain; and WHEREAS, Captain Smith was selected as the 1993 Police Officer of the Year; and WHEREAS, during her career, Captain Smith has served in various assignments to include Field Training Officer, General Instructor, Crime Solvers Detective, Juvenile Detective, Lead Shift Sergeant, Investigations Bureau Administrative Sergeant, Forensic Unit Manager, Special Operations Commander, and Academy Director; and WHEREAS, Captain Smith served as a member of the Special Response Unit, and Police Emergency Response Team where she participated as a Hostage Negotiator; and WHEREAS, Captain Smith very successfully managed the department's Critical Incident Stress Management program and the NACo award winning Military Reservist Family Support Group; and WHEARAS, Captain Smith was the recipient of a Meritorious Service Award for thirteen years of diligent and dedicated work with the Police Department's Hostage Negotiations Team, including five years as the team leader, where she was responsible for training and mentoring police officers, coordinating team activities and served as "negotiation expert" during critical standoff situations; and WHEREAS, Captain Smith was presented with a Unit Citation Award as a member of the Vice and Narcotics Unit, and the unit's work ethic, skill and dedication led to overwhelmingly successful investigations, resulting in the seizure of illicit drugs worth more than $3 million; and WHEREAS, Captain Smith received the National Service Award for her two-week deployment to Mississippi to assist fellow law enforcement officers and the citizens of Mississippi while under extreme conditions following the devastation of Hurricane Katrina; and WHEREAS, Captain Smith received an Achievement Award for her diligent work while serving as a member of the Awards Committee, when the team developed a formal Police Awards and Recognition Ceremony to celebrate the accomplishments of not only police officers, but also civilian employees and citizens of Chesterfield County; and J J J 12-470 WHEREAS, Captain Smith assembled the Critical Incident Stress Management team for an immediate response to the tragic Virginia Tech shooting incident, and the team performed with distinction as they assisted with and provided much needed support and counseling to the family members of the victims, as well as the first responders, under the most stressful and trying circumstances; and WHEREAS, Captain Smith is recognized for her excellent communications and human relations skills, professionalism and teamwork, all of which she has utilized within the Police Department and in assisting citizens of Chesterfield County; and WHEREAS, Captain Smith has received numerous letters of commendation, thanks and appreciation from the citizens of Chesterfield County for service rendered; and WHEREAS, Captain Smith 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 Captain Smith's diligent service. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes Captain Lorrie A. Smith, 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.b.4. MS. NELLIE M. THOMAS, PURCHASING DEPARTMENT On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board adopted the following resolution: WHEREAS, Ms. Nellie M. Thomas will retire on September 1, 2012, after providing more than 29 years of dedicated and faithful full-time service to Chesterfield County; and WHEREAS, Ms. Thomas first began her service with the Utilities Department in 1977, in which she worked for just over a year, and was reemployed on August 6, 1984, as a Senior Clerk Typist/Receptionist in the Purchasing Department; and WHEREAS, Ms. Thomas has been promoted and her position reclassified over the years, and she has served in her current position of Purchasing Assistant since November 2007; and WHEREAS, Ms. Thomas was responsible for the data entry of all purchase orders prior to the automation of this process and completed this task at an exceptional level with minimal mistakes; and 12-471 WHEREAS, Ms. Thomas was a valuable member of the InFocus Purchase Order Module team that was responsible for the automation of the purchase order process and was recognized for her contribution to the team as well as bringing her expertise to Purchasing staff as they learned the new system; and WHEREAS, Ms. Thomas further assisted with the implementation of the InFocus module for timekeeping, serving as the Purchasing Department timekeeper, and providing training and support as this process was automated; and WHEREAS, Ms. Thomas has been adaptable in taking on new tasks to support the procurement function over the years; and WHEREAS, Ms. Thomas has actively volunteered within the Purchasing Department, serving as the United Way representative for several years, organizing the department donations to From Crayons to Computer as well as other county sponsored organizations such as CCHASM, Christmas Mother, and Virginia Blood Services; and WHEREAS, Ms. Thomas has faithfully and effectively discharged her duties in each and every capacity with proficiency, dedication, and an unwavering commitment to provide excellent customer service to the many customers the Purchasing Department serves in both county and school operations; and WHEREAS, Ms. Thomas will be tremendously missed for the quality and caliber of her commitment and performance in the Purchasing Department and to its many customers. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes Ms. Nellie M. Thomas and extends its appreciation for her 29 years of dedicated service to the county, congratulates her upon her retirement, and extends best wishes for a long and happy retirement. Ayes: Gecker, Jaeckle, Warren, Holland and Elswick. Nays: None. 8.C.i.c. RECOGNIZING SEPTEMBER 2012 AS "PREPAREDNESS MONTH" IN CHESTERFIELD COUNTY On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board adopted the following resolution: WHEREAS, the Federal Emergency Management Agency's Ready Campaign, the Virginia Department of Emergency Management's ReadyVirginia Campaign and Chesterfield County Emergency Management work on a daily basis to increase public awareness of the importance of preparing for major emergencies and encourage individuals to take preventative action; and WHEREAS, Chesterfield County Emergency Management urges all citizens of Chesterfield County to participate in citizen preparedness activities by making a "promise to prepare" at www.ready.org; and J J J 12-472 WHEREAS, Chesterfield County Emergency Management believes in our own preparedness and that of our families, businesses and communities, which can reduce fatalities and economic devastation in our county and nation; and WHEREAS, Chesterfield County Emergency Management advocates the responsibility of every citizen of Chesterfield County to prepare for emergencies by taking three steps, including assembling an emergency supply kit, making a comprehensive family emergency plan, and getting informed about disasters that can impact Chesterfield County residents. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 22nd day of August 2012, hereby declares the month of September 2012 as "Preparedness Month" in Chesterfield County. Ayes: Gecker, Jaeckle, Warren, Holland and Elswick. Nays: None. 8.C.l.d. APPROVING THE ISSUANCE OF ECONOMIC DEVELOPMENT AUTHORITY REVENUE BONDS FOR THE BENEFIT OF SENIOR LIVING CHOICES OF VIRGINIA, INCORPORATED On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board adopted the following resolution: RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF CHESTERFIELD, VIRGINIA, AS "APPLICABLE ELECTED REPRESENTATIVE" OF SUCH COUNTY, APPROVING THE ISSUANCE OF AN ISSUE OF NOT TO EXCEED $45,000,000 PRINCIPAL AMOUNT OF ECONOMIC DEVELOPMENT AUTHORITY OF THE COUNTY OF CHESTERFIELD FIRST MORTGAGE REVENUE BONDS (BRANDERMILL WOODS PROJECT), SERIES 2012, FOR PURPOSES OF SECTION 147(f) OF THE INTERNAL REVENUE CODE OF 1986 AND SECTION 15.2-4906 OF THE CODE OF VIRGINIA, 1950 BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF CHESTERFIELD, VIRGINIA: SECTION 1. Findings and Determinations. The Board of Supervisors (the "Board") of the County of Chesterfield, Virginia (the "County"), hereby finds and determines as follows: (a) On November 24, 1998, the Board adopted a resolution approving the issuance for purposes of Section 147 (f) of the Internal Revenue Code of 1986 (the "Internal Revenue Code") of an issue of Industrial Development Authority of the County of Chesterfield, Virginia, Mortgage Revenue Refunding Bonds (Brandermill Woods Project). (b) On December 10, 1998, the Industrial Development Authority of the County of Chesterfield, subsequently renamed the Economic Development Authority of the County of Chesterfield (the "Authority"), issued $36,500,000 principal amount of its Mortgage Revenue Refunding Bonds (Brandermill Woods Project), Series 1998, dated December 10, 1998 (the "Series 1998 Bonds"), to refund on a current basis revenue bonds issued by the Authority on September 30, 1991, to finance the acquisition, 12-473 construction, equipping and operation of a project for the residence or care of the aged known as the Brandermill Woods Project located in Midlothian, Virginia, consisting of 197 independent living units, 60 assisted living units, 60 nursing care beds and certain common facilities, owned by Senior Living Choices, Inc., a Pennsylvania nonstock nonprofit corporation, the successor to which is Senior Living Choices of Virginia, Inc., a Virginia nonstock nonprofit corporation (the "Company"). (c) The Company has submitted to the Authority an application requesting the Authority to issue not to exceed $45,000,000 principal amount of its revenue bonds pursuant to the Virginia Industrial Development and Revenue Bond Act, Title 15.2, Chapter 49 of the Code of Virginia, 1950, for the purpose of providing funds (a) to refund on a current basis the Series 1998 Bonds which are outstanding on the date hereof in the principal amount of $29,300,000, and (b) to construct and equip certain capital improvements (the "Capital Improvements") at the Company's existing residential care retirement facility, Brandermill Woods, located at 14311 Brandermill Woods Trail and at 2100 Brandermill Parkway, Midlothian, Virginia 23112, including, inter alia, (i) paving of streets and parking lots, (ii) additional parking facilities, (iii) renovation of existing health care facility common areas and rooms to include installation of shared baths in resident rooms and (iv) construction of a new maintenance storage building. (d) In order to provide funds (a) to refund the Series 1998 Bonds and (b) to construct the Capital Improvements, it is contemplated that the Authority will issue not to exceed $45,000,000 principal amount of its Economic Development Authority of the County of Chesterfield First Mortgage Revenue Bonds (Brandermill Woods Project), Series 2012 (the "Series 2012 Bonds"). (e) A public hearing with respect to the proposed issuance of the Series 2012 Bonds was held by the Authority on August 16, 2012, following reasonable public notice in accordance with the provisions of Section 147(f) of the Internal Revenue Code and Section 15.2-4906 of the Code of Virginia, 1950 (the "Virginia Code"), and the Authority has conveyed to the Board a reasonably detailed summary of the comments expressed at the hearing. (f) Under the provisions of Section 147(f) of the Internal Revenue Code, it is .necessary for the Board as the "applicable elected representative" of the County, after the Authority's public hearing referred to in subsection (e), to approve the issuance of the Series 2012 Bonds in order for the interest on the Series 2012 Bonds to be excludable from gross income for purposes of federal income taxation. (g) The Board has determined to approve the issuance of the Series 2012 Bonds for purposes of Section 147 (f) of the Internal Revenue Code and Section 15.2-4906 of the Virginia Code. SECTION 2. Approval of Issuance of Series 2012 Bonds for Purposes of Section 147(f) of the Internal Revenue Code and Section 15.2-4906 of the Virginia Code. The Board, as "applicable elected representative" of the County, hereby approves the issuance of the Series 2012 Bonds in an J J J 12-474 aggregate principal amount of not to exceed $45,000,000 for purposes of Section 147(f) of the Internal Revenue Code and Section 15.2-4906 of the Virginia Code. SECTION 3. No Liability of County for Series 2012 Bonds. The County's approval of the issuance of the Series 2012 Bonds is not an endorsement of the Project or a representation regarding the viability of the Company. The County shall have no liability for or obligation to pay the principal of or premium, if any, or interest on the Series 2012 Bonds to be issued by the Authority and such Series 2012 Bonds shall not be deemed to constitute a debt or a pledge of the faith and credit of the County. Neither the full faith and credit nor the taxing power of the County shall be pledged to the payment of the principal of such Series 2012 Bonds or the premium, if any, or interest thereon or other costs incident thereto. SECTION 4. Effectiveness of Resolution. This resolution shall take effect upon its adoption. Ayes: Gecker, Jaeckle, Warren, Holland and Elswick. Nays: None. 8.C.2. APPROVAL OF POLICE MUTUAL AID JOINT AVIATION AGREEMENT BETWEEN CHESTERFIELD COUNTY, HENRICO COUNTY AND THE CITY OF RICHMOND On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board authorized the County Administrator to execute a Police Mutual Aid Joint Aviation Agreement between Chesterfield County, Henrico County and the City of Richmond. Ayes: Gecker, Jaeckle, Warren, Holland and Elswick. Nays: None. 8.C.3. REQUEST FOR A PERMIT FOR WOODLAKE COMMUNITY ASSOCIATION TO STAGE A FIREWORKS DISPLAY AT THE WOODLAKE PAVILION/AMPHITHEATER On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board approved a permit for Woodlake Community Association to stage a fireworks display at the Woodlake Pavilion/Amphitheater on September 1, 2012, with a rain date of September 2, 2012. Ayes: Gecker, Jaeckle, Warren, Holland and Elswick. Nays: None. 8.C.4. AUTHORIZE THE COUNTY ADMINISTRATOR TO RENEW A HEALTH CARE CONTRACT WITH ANTHEM BLUE CROSS AND BLUE SHIELD AND RENEW A DENTAL CARE CONTRACT WITH DELTA DENTAL PLAN OF VIRGINIA FOR 2013 On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board authorized the County Administrator to renew a health care contract with Anthem Blue Cross and Blue Shield and renew a dental care contract with Delta Dental Plan of Virginia for 2013 at the rates filed with the papers of the Board. Ayes: Gecker, Jaeckle, Warren, Holland and Elswick. Nays: None. 12-475 8.C.5. REQUEST FOR ENTERTAINMENT FESTIVAL PERMIT FOR CHESTERFEST On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board approved an entertainment festival permit for ChesterFest to the held Saturday, September 22, 2012. Ayes: Gecker, Jaeckle, Warren, Holland and Elswick. Nays: None. 8.C.6. CONSIDERATION OF REQUEST OF PROSEAL AMERICA FOR MODIFICATION OF THE AIRPORT INDUSTRIAL PARK RESTRICTIVE COVENANTS On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board approved a request by Proseal America to modify the Airport Industrial Park restrictive covenants relating to the fifty (50) foot front yard setback at 7611 Whitepine Road. Ayes: Gecker, Jaeckle, Warren, Holland and Elswick. Nays: None. 8.C.7. TRANSFER OF DISTRICT IMPROVEMENT FUNDS 8.C.7.a. FROM THE BERMUDA DISTRICT IMPROVEMENT FUND TO THE POLICE DEPARTMENT FOR TRAFFIC CONTROL DURING THE CHESTER KIWANIS CLUB'S ANNUAL CHRISTMAS PARADE On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board transferred $5,300 from the Bermuda District Improvement Fund to the Police Department for traffic control during the Chester Kiwanis Club's Annual Christmas Parade. Ayes: Gecker, Jaeckle, Warren, Holland and Elswick. Nays: None. 8.C.7.b. FROM THE MATOACA DISTRICT IMPROVEMENT FUND TO THE PARKS AND RECREATION DEPARTMENT TO PURCHASE A STORAGE SHED FOR ATHLETIC EQUIPMENT AT THE MATOACA PARK SPORTS COMPLEX On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board transferred $2,390 in Matoaca District Improvement Funds to the Parks and Recreation Department to purchase a storage shed for athletic equipment at the Matoaca Park Sports Complex. Ayes: Gecker, Jaeckle, Warren, Holland and Elswick. Nays: None. J J J 12-476 8.C.8. 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 certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. Project/Subdivision: Belfair Townhouses Sections 3 and 4 Type Change to the Secondary System of State Highways: ~AAitinn Reason for Change: New subdivision street Pursuant to Code of Virginia Statute: X33.1-229 Street Name and/or Route Number • Belrun Road, State Route Number 2290 From: 0.01 miles north of Belcourse Road, (Route 837) To: 0.23 miles northeast of Belcourse Road, (Route 837), a distance of: 0.22 miles. Recordation Reference: PB 188, PG 70 Right of Way width (feet) = 50 feet • Belrun Road, State Route Number 2290 From: 0.23 miles northeast of Belcourse Road, (Route 837) To: 0.11 miles northeast to Woodfield Road, (Route 2280), a distance of: 0.11 miles. Recordation Reference: PB 188, PG 70 Right of Way width (feet) = 50 feet And, further, the Board adopted the following resolution: WHEREAS, the streets described below are shown on plats recorded in the Clerk's Office of the Circuit Court of Chesterfield County; and WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised this Board the streets meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation. 12-477 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: Tarrington Section 9 - Remainder of Type Change to the Secondary System of State Highways: Addition Reason for Change: New subdivision street Pursuant to Code of Virginia Statute: X33.1-229 Street Name and/or Route Number • Edenfield Road, State Route Number 7633 From: Ashwell Drive, (Route 5843) To: 0.04 miles north to Yatesbury Lane, (Route 7632), a distance of: 0.04 miles. Recordation Reference: PB 174, PG 47 Right of Way width ( feet ) = 4 0 feet • Yatesbury Lane, State Route Number 7632 From: Bircham Loop (Route 7490) To: 0.09 miles east to Edenfield Road, (Route 7633), a distance of: 0.09 miles. Recordation Reference: PB 174, PG 47 Right of Way width (feet) = 40 feet • Highbridge Drive, State Route Number 7635 From: Ashwell Drive, (Route 5843) To: 0.09 miles north to Cul-de-sac, a distance of: 0.09 miles. Recordation Reference: PB 174, PG 47 Right of Way width (feet) = 44 feet • Edenfield Road, State Route Number 7633 From: Edenfield Court, (Route 7634) To: 0.03 miles north to Cul-de-sac, a distance of: 0.03 miles. Recordation Reference: PB 174, PG 47 Right of Way width (feet) =40 feet • Edenfield Court, State Route Number 7634 From: Edenfield Road, (Route 7633) To: 0.02 miles east to Cul-de-sac, a distance of: 0.02 miles. Recordation Reference: PB 174, PG 47 Right of Way width (feet) = 40 feet J J J 12-478 • Edenfield Road, State Route Number 7633 From: Yatesbury Lane, (Route 7632) To: 0.11 miles north to Edenfield Court, (Route 7634), a distance of: 0.11 miles. Recordation Reference: PB 174, PG 47 Right of Way width (feet) = 40 feet Ayes: Gecker, Jaeckle, Warren, Holland and Elswick. Nays: None. 8.C.9. DONATION OF SURPLUS PROPERTY 8.C.9.a. FROM THE POLICE DEPARTMENT TO THE VIRGINIA DEPARTMENT OF FORENSIC SCIENCE On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board approved the donation of surplus ammunition from the Police Department to the Virginia Department of Forensic Science. Ayes: Gecker, Jaeckle, Warren, Holland and Elswick. Nays: None. 8.C.9.b. FROM THE GENERAL SERVICES DEPARTMENT TO THE YOUNG MEN'S CHRISTIAN ASSOCIATION On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board donated a surplus bookcase from General Services to the Young Men's Christian Association ("YMCA) in conjunction with the after-school program at Greenleigh Trailer Park. Ayes: Gecker, Jaeckle, Warren, Holland and Elswick. Nays: None. 8.C.10. AWARD OF CONSTRUCTION CONTRACT FOR REMOVAL OF SOLID WASTE FROM BACKWASH LAGOONS AT ADDISON EVANS WATER TREATMENT PLANT On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board awarded a construction contract to Synagro-WWT, Inc., in the amount of $425,000.00, and authorized the County Administrator to execute the necessary documents. Ayes: Gecker, Jaeckle, Warren, Holland and Elswick. Nays: None. 8.C.11. APPROVAL OF REVISED UTILITY CONTRACT FOR CHESTER VILLAGE GREEN APARTMENTS, PHASE 2 On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board approved the revised utility contract for Chester Village Green Apartments, Phase 2, contract number 11-0057 and authorized the County Administrator to execute any necessary documents. (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. 12-479 8.C.12. REQUESTS FOR PERMISSION 8.C.12.a. FROM BRANDERMILL COMMUNITY ASSOCIATION TO CONDUCT A STUDY FOR THE EVALUATION OF SHORELINE EROSION PRODUCTS ON SWIFT CREEK RESERVOIR On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board granted Brandermill Community Association permission to conduct a study for the evaluation of shoreline erosion products in the impoundment easement for the Swift Creek Reservoir, 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.12.b. FROM KERRY T. WILLIE FOR A PROPOSED PRIVACY FENCE TO ENCROACH WITHIN AN EIGHT-FOOT EASEMENT ACROSS LOT 3, THE SANCTUARY AT WATERMILL, SECTION B On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board granted Kerry T. Willie permission for a proposed privacy fence to encroach within an 8' easement across Lot 3, The Sanctuary at Watermill, 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. 8.C.12.c. FROM ADAM D. MEASE AND SHAWNA R. MEASE FOR A PROPOSED FENCE TO ENCROACH WITHIN A SIXTEEN-FOOT DRAINAGE EASEMENT ACROSS LOT 56, ROUNTREY, SECTION 1 On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board granted Adam D. Mease and Shawna R. Mease permission for a proposed fence to encroach within a 16' drainage easement across Lot 56, Rountrey, Section 1, 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.14. AUTHORIZE THE AWARD OF A CONSTRUCTION CONTRACT FOR THE HARROWGATE ROAD SIDEWALK PROJECT On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board authorized the award of a construction contract, for either the base bid or base and alternative bids, up to $166,000, to the lowest responsive and responsible bidder for the Harrowgate Road Sidewalk Project. (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 12-480 8.C.15. TRANSFER OF FUNDS AND AWARD OF CONSTRUCTION CONTRACT FOR THE SPIREA ROAD (MOUNTAIN LAUREL DRIVE TO SUNFLOWER LANE) SIDEWALK PROJECT On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board transferred $106,000 from the General Road Improvement account and authorized the award of a construction contract for the Spirea Road (Mountain Laurel Drive to Sunflower Lane) Sidewalk Project. (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 THREE MEMORANDA OF UNDERSTANDING BETWEEN CHESTERFIELD COUNTY AND DEFENSE SUPPLY CENTER RICHMOND On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board authorized the County Administrator to execute three Memoranda of Understanding between Chesterfield County and Defense Supply Center Richmond, one for mutual aid - firefighting and emergency assistance, one for shared talk groups, and the other for operational medical direction. (It is noted copies of the three Memoranda of Understanding are filed with the papers of this Board.) Ayes: Gecker, Jaeckle, Warren, Holland and Elswick. Nays: None. 8.0.17. SET DATE FOR PUBLIC HEARING TO CONSIDER AN AMENDMENT TO THE COUNTY CODE RELATING TO POSSESSING FIREARMS NEAR COUNTY SCHOOLS AND PARKS On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board set September 19, 2012, as the date for a public hearing to consider an amendment to the County Code relating to hunters possessing firearms near county schools and parks and providing for a penalty. Ayes: Gecker, Jaeckle, Warren, Holland and Elswick. Nays: None. 8.C.18. APPROVAL OF CHANGE ORDER NUMBER ONE FOR THE ELKHARDT ELEVATED WATER TANK PROJECT On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board approved Change Order Number One for the Elkhardt Elevated Water Tank Project in the amount of $53,465.73 and authorized the County Administrator to execute the necessary documents. Ayes: Gecker, Jaeckle, Warren, Holland and Elswick. Nays: None. 12-481 8.C.19. ACCEPTANCE OF A PARCEL OF LAND ALONG IRON BRIDGE ROAD FROM SECOND BAPTIST CHURCH On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board accepted the conveyance of a parcel of land containing 0.005 acres along Iron Bridge Road from Second Baptist Church, and authorized the County Administrator to execute the deed. (It is noted a copy of the plat is filed with the papers of this Board . ) Ayes: Gecker, Jaeckle, Warren, Holland and Elswick. Nays: None. 8.C.20. ACCEPTANCE OF FEDERAL AND STATE PLANNING GRANTS FOR AN ENVIRONMENTAL ASSESSMENT OF POTENTIAL AIRPORT DEVELOPMENT ASSOCIATED WITH THE MASTER PLAN FOR THE CHESTERFIELD COUNTY AIRPORT On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board accepted and appropriated federal and state grants totaling $613,020 to conduct a full environmental assessment for Chesterfield County Airport, and authorized the County Administrator to sign all documents. Ayes: Gecker, Jaeckle, Warren, Holland and Elswick. Nays: None. 8.C.21. TRANSFER OF FUNDS 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 transferred $350,000 from the completed Walton Park Sidewalk 2 Bond Project to the Robious Road Widening Bond Project from Twin Team Lane to Robious Forest Way and authorized the County Administrator to execute change orders to increase the amount of the contracts that collectively will not exceed $370,000. (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. On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board removed Item 8.C.13., Authorize an Application to Amend Conditional Use to Allow Use of the Police and Fire Training Facilities at the Public Safety Training Center Located on Allied Road by Other Jurisdictions, for public comment. Ayes: Gecker, Jaeckle, Warren, Holland and Elswick. Nays: None. 8.C.13. AUTHORIZE AN APPLICATION TO AMEND CONDITIONAL USE TO ALLOW USE OF THE POLICE AND FIRE TRAINING FACILITIES AT THE PUBLIC SAFETY TRAINING CENTER LOCATED ON ALLIED ROAD BY OTHER JURISDICTIONS Ms. Donna Tucker expressed concerns relative to current noise, traffic increase, and hours of operation at the Public Safety Training Center. J J J 12-482 Mr. James Bishop expressed concerns relative to the use of the Public Safety Training Center. He asked the board to consider denial of the application. Ms. Jaeckle stated part of the old case refers to the Citizen Advisory Committee establishing three members selected by adjacent property owners. She recommended deferring the item for 30 days to allow for citizen input. Ms. Jaeckle then made a motion, seconded by Mr. Holland, for the Board to defer the authorization of an application to amend conditional use to allow use of the Police and Fire Training Facilities at the Public Safety Training Center located on Allied Road by other jurisdictions until September 19, 2012. Ayes: Gecker, Jaeckle, Warren, Holland and Elswick. Nays: None. 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 On motion of Mr. Warren, seconded by Mr. Holland, the Board approved the following reports: a Report on Developer Water and Sewer Contracts; and a Report on Status of General Fund Balance, Reserve for Future Capital Projects, District Improvement Funds and Lease Purchases. Ayes: Gecker, Jaeckle, Warren, Holland and Elswick. Nays: None. 10. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED MATTERS Ms. Betsy Lemley, Education Specialist with Virginia State University, addressed the Board relative to programs designed to assist adults obtaining a GED. 11. DINNER On motion of Ms. Jaeckle, seconded by Mr. Gecker, the Board recessed to Room 502, for dinner. Ayes: Gecker, Jaeckle, Warren, Holland and Elswick. Nays: None. 12. INVOCATION Mr. Don Kappel, Director of Public Affairs, gave the invocation. 12-483 13. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Mr. Larry Haake, County Registrar, led the Pledge of Allegiance. 14. RESOLUTIONS 14.A. RECOGNIZING VIRGINIA STATE UNIVERSITY AND THE VIRGINIA DENTAL ASSOCIATION FOUNDATION'S MISSION OF MERCY Dr. Bailey introduced Dr. Keith Miller, Dr. Karen Faison, Dr. Ayana Conway, Dr. Gwen Thornton, Dr. Samuel W. Galstan, and Ms. Barbara Rollins, who were present to receive the resolution. On motion of Mr. Holland, seconded by Mr. Gecker, the Board adopted the following resolution: WHEREAS, on June 8 and 9, 2012, Virginia State University's first VSU Cares provided free dental services to 426 patients to address the unmet acute dental needs of local communities; and WHEREAS, it is estimated that one-in-five Virginians live in an underserved area for dental care and are often left without any dental care to face pain, discomfort, and embarrassment; and WHEREAS, in response to the lack of access to care and the resulting poor oral health of thousands of indigent Virginians, the Virginia Dental Association Foundation launched the Mission of Mercy (M.O.M.) in 2000 and has since provided more than $27.7 million in free dental care to more than 46,274 patients through 61 projects; and WHEREAS, VSU Cares, a partnership between VSU, the Virginia Dental Association Foundation's Missions of Mercy project, the Southside Dental Society and Virginia Commonwealth University (VCU), provided nearly $203,000 in donated care and enlisted more than 400 volunteers, including 56 dentists, 134 dental assistants and dental students, 46 nurses and medical support staff, 21 pharmacists and pharmacy support staff and 145 non-medical volunteers; and WHEREAS, services rendered throughout the day included 425 fillings, 369 routine dental extractions, 150 surgical extractions, 83 cleanings and four root canals, as well as dental exams for all patients. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 22nd day of August 2012, publicly recognizes and commends Virginia State University, The Virginia Dental Association Foundation and all organizations associated with the VSU Cares event, and expresses gratitude, on behalf of all Chesterfield County residents, for their work toward decreasing disparities in the region's health care delivery system, and work on future outreach projects to assist the healthcare needs of the citizens of this region. J J J 12-484 AND, BE IT FURTHER RESOLVED, that the Board of Supervisors also commends the leadership of VSU's Dr. Jewel Hairston (Agriculture) who chaired the committee; and Dr. Karen Faison (Nursing), Dr. Ayana Conway (Criminal Justice) and Dr. Gwen Thornton (Social Work); Dr. Terry D. Dickinson, Executive Director of the Virginia Dental Association; Dr. Samuel W. Galstan of Chester as the lead dentist from the Southside Dental Society; and Ms. Barbara Rollins, also of Chester, the Virginia Dental Association's Mission of Mercy Coordinator. Ayes: Gecker, Jaeckle, Warren, Holland and Elswick. Nays: None. Mr. Elswick presented the executed resolutions to Dr. Keith Miller, Dr. Karen Faison, Dr. Ayana Conway, Dr. Gwen Thornton, Dr. Samuel W. Galstan, and Ms. Barbara Rollins and commended each of them for their work assisting the healthcare needs of the citizens of this region. Each recipient introduced themselves and shared details relative to their participation in the program. 14.B. RECOGNIZING MS. JANE PRITZ UPON HER RETIREMENT A MANAGER OF THE BRANDERMILL COMMUNITY ASSOCIATION Mr. Kappel introduced Ms. Jane Pritz, who was present to receive the resolution. On motion of Mr. Warren, seconded by Mr. Gecker, the Board adopted the following resolution: WHEREAS, the Brandermill Community was first developed in 1974, and immediately became the standard for exemplary quality of life in a residential planned community; and WHEREAS, the Central Virginia Chapter of the Community Association Institute recognized the Brandermill Community Association as the best among its peers in 1998, 2000, 2001 and 2002; and WHEREAS, this award recognizes sound business development and planning, dedication to protecting the natural environment, and an active, leadership role in participation with local government; and WHEREAS, Ms. Jane Pritz has worked for Brandermill since February 2003, and most recently has served as Brandermill Community Manager; and WHEREAS, under her leadership, the BCA completed and implemented an award-winning Master Plan; enhanced partnerships with Chesterfield County and Virginia officials; developed and implemented the Sunday Park parking lot enhancements and agreement; implemented several significant capital improvement projects; and functioned debt-free and with the largest Reserve Fund balance in the community's history; and 12-485 WHEREAS, Ms. Pritz has been an active and dedicated member of the county's Sustain Our Communities Committee since its inception in 2006 and served as the committee's chairperson since 2010, and her leadership and commitment to Chesterfield County communities will be missed; and WHEREAS, Ms. Pritz has also served on the Central Virginia Community Associations Institute's Board of Directors, including serving as Treasurer for the past two years; and WHEREAS, Ms. Pritz has announced her intention to retire effective August 31, 2012; and WHEREAS, Ms. Pritz's exemplary contributions to the Brandermill community and to Chesterfield County are much appreciated and will long be remembered. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 22nd day of August 2012, publicly recognizes Ms. Jane Pritz for her outstanding work as the Brandermill Community Association Manager, expresses its appreciation on behalf of all Chesterfield County residents, and extends all best wishes for a long and happy retirement. AND, BE IT FURTHER RESOLVED that a copy of this resolution be presented to Ms. Pritz, 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 presented the executed resolution to Ms. Pritz and commended her for her outstanding work as the Brandermill Community Association Manager. Ms. Pritz, who was accompanied by her husband and friends, expressed appreciation to the Board of Supervisors for the recognition. 15. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED MATTERS Ms. Brenda Stewart addressed the Board relative to eminent domain and effects on personal property rights. 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 12SN0229 In Dale Magisterial District, Chesterfield County Board of Supervisors proposes conditional use approval and amendment of zoning district map to permit a contractor's office in an Agricultural (A) District on 1.3 acres known as 5512 Iron Bridge Road. Density will be controlled by zoning conditions or ordinance standards. The Comprehensive Plan suggests the property is appropriate for mixed use corridor use. Tax ID 776-685-1845. J J J 12-486 Mr. Turner presented a summary of Case 12SN0229 and stated both the Planning Commission and staff recommended approval subject to the conditions. Mr. Holland made a motion, seconded by Ms. Jaeckle, for the Board to approve Case 12SN0229, subject to the following conditions: 1. This conditional use shall be granted for a period of no more than ten (10) years from the date of approval and shall be limited to Bateman Heating & Air for their use only and shall not be transferrable nor run with the land. (P) 2. There shall be no signs to identify this use. (P) 3. There shall be no outside storage. (P) 4. There shall be no dumpsters. (P) 5. There shall be no deliveries by any vehicle exceeding 4,000 pounds net weight and more than two (2) axles. (P) 6. This use shall not be open to the public or employees between the hours of 5:00 p.m. and 7:00 a.m. Monday through Friday, nor between 5:00 p.m. on Friday and 7:00 a.m. on Monday. This condition would not preclude individual employees from performing office work, such as paper work and phone calls, during other hours. (P) 7. Except for security lighting, there shall be no exterior lighting. (P) 8. With the exception of normal maintenance and improvements necessary to meet the building code there shall be no additions or exterior alterations to the structure or detached garage to accommodate this use, as shown on the exhibit title "Exhibit A" dated June 29, 2012. (P) 9. Driveways and parking areas shall have a minimum surface of six (6) inches of Number. 21 or 21A stone. The perimeter of driveways and parking areas shall be delineated by permanent means such as bumper blocks, railroad ties, timbers or similar such treatment as required by the Planning Department. (P) 10. Within ninety (90) days of a written request by the Transportation Department, sixty (60) feet of right-of- way, measured from the centerline of Route 10 adjacent to the property, shall be dedicated, free and unrestricted, to and for the benefit of Chesterfield County . ( T ) 11. Direct access from the property to Route 10 shall be limited to one (1) entrance/exit. The exact location of this access shall be approved by the Transportation Department. (T) Ayes: Gecker, Jaeckle, Warren, Holland and Elswick. Nays: None. 12-487 12SN0204 In Clover Hill Magisterial District, 360 Toyota, LLC requests conditional use planned development approval and amendment of zoning district map to permit exceptions to ordinance requirements relative to setbacks in a Regional Business (C-4) District on 16 acres known as 3600 Lonas Parkway. Density will be controlled by zoning conditions or ordinance standards. The Comprehensive Plan suggests the property is appropriate for light commercial use. Tax ID 737-679-1388. Mr. Ryan Ramsey presented a summary of Case 12SN0204 and stated the Planning Commission recommended approval subject to the one condition and acceptance of the proffered conditions. He further stated staff recommended denial because the request will undermine the purpose and performance of the existing setback and landscaping area; by allowing vehicle display areas within the required setback, visual separation of uses between the major arterial thoroughfare and the existing parking area is compromised. He stated approval of the request could encourage other businesses to seek similar exceptions, leading to proliferation of vehicle display area adjacent to rights-of- way. Mr. Andy Sherzer, representing the applicant, stated the site has physical limitations that hinder the visibility of vehicles for sale as well as the dealership's sign. He further stated the proffered condition would limit the number of vehicles to be displayed to five. He noted this request contains fewer cars for display than the dealerships along Route 60 which already have zoning approval. He requested the Board's approval. Mr. Mitchell Tedeschi expressed concerns relative to driver safety and vehicle display areas creating possible distractions for drivers. Mr. Sherzer stated all the site lines are within the right- of-way in regards to view sheds. He further stated each dealership is different based on individual circumstances. Mr. Warren stated the goal of the Board has always been to encourage small businesses to operate within a reasonable limitation as freely as they can. He further stated there seems to be no safety factor in regards to the case. He stated the owner has personal property rights to operate as an effective business. He noted the applicant is willing to limit the number of display vehicles. Ms. Jaeckle stated this case is a perfect example of how the system should work. She further stated each zoning case is unique and it is up to the Planning Commission and the Board of Supervisors to determine if the zoning is an appropriate land use. Mr. Gecker stated it is the Board's obligation to regulate the health, safety and welfare of the community. He further stated after viewing the topography, it was determined that the request is an appropriate land use for the area. J J J 12-488 Mr. Warren made a motion, seconded by Ms. Jaeckle, for the Board to approve Case 12SN0204, subject to the following condition: The textual statement dated June 7, 2012, shall be considered the master plan. (P) And, further, the Board accepted the following proffered conditions: 1. Vehicle display areas along Hull Street Road (U.S. Route 360) shall be permitted, as generally shown on the exhibit entitled "Display Area Exhibit" by Balzer & Associates, Inc. and dated February 29, 2012 with Revision Date of June 7, 2012. The vehicle display areas in the front setback shall be designed and improved as vehicle display pads for up to five (5) cars as approved by the Planning Department through submission of detailed drawings for review. Required landscaping shall be maintained within the setback. (P) 2. Access to and from the vehicle display areas shall be prohibited from Hull Street Road (Route 360). (P) Ayes: Gecker, Jaeckle, Warren, Holland and Elswick. Nays: None. 17. PUBLIC HEARINGS 17.A. TO CONSIDER AN ORDINANCE CHANGING THE POLLING PLACE FOR HARBOUR POINTE VOTING PRECINCT IN THE CLOVER HILL DISTRICT Mr. Mincks stated this date and time has been advertised for a public hearing for the Board to consider an ordinance changing the polling place for Harbour Pointe Voting Precinct in the Clover Hill District. Mr. Gecker called for public comment. No one came forward to speak to the issue. In response to Mr. Warren's officials of the church facilities to the community. be sent to all voters and a location. He stated the fac November 6, 2012. question, Mr. Haake stated the are excited to offer their He further stated notices will sign will be posted at the new :ility will be in operation on Mr. Mincks noted the request must be filed with the Department of Justice. Mr. Warren made a motion, seconded by Mr. Holland, for the Board to adopt the ordinance changing the polling place for Harbour Pointe Voting Precinct. In response to Mr. Elswick's question, Mr. Haake stated the move in location is permanent. Mr. Gecker called for a vote on the motion made by Mr. Warren, seconded by Mr. Holland, for the Board to adopt the following ordinance: 12-489 AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING AND RE-ENACTING SECTION 7.3 RELATING TO CHANGE IN POLLING PLACE BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Section 7.3 of the Code of the County of Chesterfield, 1997, as amended, is amended and re-enacted to read as follows: 0 0 0 CLOVER HILL MAGISTERIAL DISTRICT Harbour Pointe Voting Precinct (401): Beginning at the center line of Old Hundred Road (State Route 652) at a point 1,420 feet south of its intersection with Nuttree Creek; thence from said point directly west to its point of intersection with the center line of Millridge Parkway (State Route 1920); thence from said point directly southwest to its point of intersection with the center line of Swift Creek Reservoir; thence southwestwardly along the center line of said reservoir to its intersection with U.S. Route 360 (Hull Street Road); thence eastwardly along the center line of U.S. Route 360 (Hull Street Road) to its intersection with Old Hundred Road (State Route 652), thence northwardly along the center line of Old Hundred Road (State Route 652) to a point 1,420 feet south of its intersection with Nuttree Creek, the point and place of beginning. The voting place for Harbour Pointe Voting Precinct shall be Brandermill Church, 4500 Millridge Parkway. 0 0 0 (2) That this ordinance shall become effective immediately upon adoption. Ayes: Gecker, Jaeckle, Warren, Holland and Elswick. Nays: None. In response to Mr. Holland's question, Mr. Haake stated the Department of Justice pre-cleared the new voter ID law this week. He further stated the State Board of Elections is preparing to send all voters a new voter ID card. 17.B. TO CONSIDER AN AMENDMENT TO THE COUNTY CODE REQUIRING REIMBURSEMENT FOR EXPENSES INCURRED FOR METHAMPHETAMINE LAB CLEANUP Mr. Mincks stated this date and time has been advertised for a public hearing for the Board to consider an amendment to the County Code requiring reimbursement for expenses incurred for methamphetamine lab cleanup. Mr. Gecker called for public comment. No one came forward to speak to the issue. J J 12-490 On motion of Mr. Holland, seconded by Mr. Warren, the Board adopted the following ordinance: AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY ADDING AND ENACTING SECTION 12-7 RELATING TO REIMBURSEMENT FOR METHAMPHETAMINE LAB CLEANUP AND PROVIDING FOR A PENALTY BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Section 12-7 of the Code of the County of Chesterfield, 1997, as amended, is added to read as follows: Sec. 12-7. Reimbursement for expenses incurred for methamphetamine lab cleanup. Any person convicted of an offense for the manufacture of methamphetamine pursuant to Virginia Code § 18.2-246 or § 18.2-248.03 shall be liable at the time of sentencing or in a separate civil action to the County or to any other law enforcement entity for the expenses incurred in cleaning up any methamphetamine lab related to the conviction. The amount charged shall not exceed the actual expenses associated with the cleanup, removal or repair of the affected property, or the replacement cost of personal protective equipment used. (2) That this ordinance shall become effective immediately upon adoption. Ayes: Gecker, Jaeckle, Warren, Holland and Elswick. Nays: None. 17.C. TO CONSIDER AN AMENDMENT TO THE COUNTY CODE RELATING TO SUBMISSION OF FINGERPRINTS FOR OBTAINING A CONCEALED WEAPONS PERMIT Mr. Mincks stated this date and time has been advertised for a public hearing for the Board to consider an amendment to the County Code relating to submission of fingerprints for obtaining a concealed weapons permit. Mr. Gecker called for public comment. No one came forward to speak to the issue. On motion of Mr. Holland, seconded by Mr. Warren, the Board adopted the following ordinance: AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY REPEALING SECTION 15-231 RELATING TO CONCEALED WEAPONS PERMITS BE IT ORDAINED by the Board of Supervisors of Chesterfield County: 12-491 (1) That Section 15-231 of the Code of the County of Chesterfield, 1997, as amended, is repealed: Sec. 15-231. Repealed. (2) That this ordinance shall become effective immediately upon adoption. Ayes: Gecker, Jaeckle, Warren, Holland and Elswick. Nays: None. 17.D. TO CONSIDER AN AMENDMENT TO THE COUNTY CODE TO EXEMPT SALES OF NATURAL GAS USED TO GENERATE ELECTRICITY AND FOR MOTOR VEHICLE FUEL FROM THE CONSUMER UTILITY TAX Mr. Mincks stated this date and time has been advertised for a public hearing for a public hearing for the Board to consider an amendment to the County Code to exempt sales of natural gas used to generate electricity and for motor vehicle fuel from the consumer utility tax. Mr. Gecker called for public comment. No one came forward to speak to the issue. On motion of Mr. Holland, seconded by Ms. Jaeckle, the Board adopted the following ordinance: AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING AND RE-ENACTING SECTION 9-173 RELATING TO EXEMPTIONS FROM NATURAL GAS CONSUMER TAX BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Section 9-173 of the Code of the County of Chesterfield, 1997, as amended, is amended and re-enacted to read as follows: ARTICLE XII. CONSUMER UTILITIES TAXES 0 0 0 Sec. 9-173. Exemptions. The tax authorized by section 9-172 shall not apply to (i) utility sales of products used as motor vehicle fuels; and (ii) natural gas used to generate electricity by a public utility as defined by Code of Virginia, § 56-265.1 or an electric cooperative as defined by Code of Virginia, § 56-231.15. Public safety agencies, as defined by Code of Virginia, § 58.1-3813, are exempt from all utility taxes. (2) That this ordinance shall become effective immediately upon adoption. Ayes: Gecker, Jaeckle, Warren, Holland and Elswick. Nays: None. J J J 12-492 17.E. TO CONSIDER THE EXERCISE OF EMINENT DOMAIN FOR THE ACQUISITION OF RIGHT-OF-WAY FOR THE SPRING RUN ROAD (TRIPLE CROWN DRIVE TO ROYAL BIRKDALE BOULEVARD) SHOULDER PROJECT ~. Mr. Harmon stated this date and time has been advertised for a public hearing for the Board to consider the exercise of eminent domain for the acquisition of right-of-way for the Spring Run Road (Triple Crown Drive to Royal Birkdale Boulevard) Shoulder Project. Mr. Gecker called for public comment. No one came forward to speak to the issue. Mr. Elswick made a motion, seconded by Ms. Jaeckle, for the Board to approve the exercise of eminent domain for the acquisition of right-of-way for the Spring Run Road (Triple Crown Drive to Royal Birkdale Boulevard) Shoulder Project. In response to Mr. Gecker's question, Mr. Harmon stated the county has made commitments to the landowners regarding trees that may be affected as a result of construction, a realignment of a ditch associated with a well located in the front yard, and the widening of one of the driveways on the property in an attempt to reach an agreement. In response to Mr. Warren's question, Mr. Harmon stated the property owners were aware of the public hearing. Mr. Gecker called for a vote on the motion made by Mr. Elswick, seconded by Ms. Jaeckle, for the Board to approve the exercise of eminent domain for the acquisition of right- of-way for the Spring Run Road (Triple Crown Drive to Royal Birkdale Boulevard) Shoulder Project. Ayes: Gecker, 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. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED MATTERS There were no requests to address the Board at this time. 20. ADJOURNMENT On motion of Ms. Jaeckle, seconded by Mr. Elswick, the Board adjourned at 7:33 p.m. until September 19, 2012 at 3:00 p.m. Ayes: .Gecker, Jaeckle, Warren, Holland and Elswick. Nays: None. Daniel A. Gecker Chairman 12-493 J J J 12-494