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2012-11-28 MinutesBOARD OF SUPERVISORS MINUTES November 28, 2012 Supervisors in Attendance: Staff in Attendance: Mr. Daniel A. Gecker, Chairman Mr. Mike Bacile, Dir., Ms. Dorothy A. Jaeckle, Vice Chrm. Purchasing Mr. Arthur S. Warren Dr. Sheryl Bailey, Dep. Mr. James M. Holland County Administrator, Mr. Stephen A. Elswick Management Services Ms. Janice Blakley, Mr. James J. L. Stegmaier Clerk to the Board County Administrator Ms. Patsy Brown, Dir., Accounting Mr. Kevin Bruny, Chief Learning Officer 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. Jonathan Davis, Dir., Real Estate Assessments 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 Mr. Louis Lassiter, Asst. County Administrator Mr. Mike Mabe, Director, Libraries Mr. R. John McCracken, Dir., Transportation Mr. Jeffrey L. Mincks, County Attorney 12-653 11/28/12 Ms. Marsha Sharpe, Dir., Social Services Ms. Sarah Snead, Dep. County Administrator, Human Services Mr. Kirk Turner, Dir., Planning Mr. Mike Westfall, Dir., Internal Audit Mr. Rick Witt, Building Official Mr. Scott Zaremba, Dir., Human Resource Programs Mr. Gecker called the regularly scheduled meeting to order at 3:00 p.m. 1. APPROVAL OF MINUTES FOR NOVEMBER 14, 2012 On motion of Mr. Holland, seconded by Mr. Warren, the Board approved the minutes of November 14, 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. PRESENTATION OF FY2012 COMPREHENSIVE ANNUAL FINANCIAL REPORT Mr. Stegmaier introduced Mr. Tim Conner, engagement partner from KPMG, LLP. Mr. Conner presented the county's FY2012 Comprehensive Annual Financial Report to the Board. He stated KPMG has issued a clean audit opinion on Chesterfield County's CAFR (Comprehensive Annual Financial Report) meaning the CAFR is materially correct. He expressed his appreciation to staff for their hard work. Mr. Holland thanked Mr. Conner for his efforts in the auditing process. He also commended staff involved in the audit process for their great performance. Mr. Stegmaier recognized members of the Accounting Department, Budget Department and Internal Audit Department for their thorough report and outstanding performance. Mr. Gecker stated Chesterfield County is well known for excellence in financial management due to the exceptional efforts done by staff. J J J 12-654 11/28/12 Mr. Carmody provided a brief presentation on the county's financial outlook. He stated the county has reduced cost structure to FY1992-1993 levels expressed on an inflation adjusted basis. While the County made changes that allowed it to weather the last several years, He reviewed indicators that supported the area of the economy showing signs of life but the recovery is still limping along. He further stated broader economic improvement has limited revenue impact with a long expected soft revenue growth through at least FY2015. He stated with existing housing values - the county's largest revenue source - the county is facing the fifth and possibly sixth consecutive years of declining values. He further stated weak revenues coupled with expenditure pressures result in a difficult environment with programmatic needs related to two sources, one of which are things that are being driven by pressures that the county wants to accomplish such as items identified in the Comprehensive Plan that emphasize neighborhood revitalization and school facility improvements, and the second is that the county also faces mandated pressures beyond the county's control resulting from the federal and state level adding considerable infrastructure requirements outside of the county's current revenue capacity that have multi-year expenditure pressures such as clean water act regulations guiding the storm water runoff, contemplated state budget cuts due to the Governor's recommendation of a 4% cut, school budget funding pressures, and the assumption of the teacher pension plan liability. He stated the county has to be able to deal with whatever comes its way from areas such as the state or federal levels from reductions or the federal Affordable Healthcare Act which will place additional burdens on the county and expand eligibility. He further stated the Schools' operating budget is a challenge and the county is also facing increasing costs relative to health care premiums, utilities, and other benefits. He stated a new crop of risks could make a challenging cycle even more difficult with a high degree of uncertainty weighing heavily on the economy. He summarized the path going forward, stating the current financial backdrop has implications across three fiscal years. He stated today's agenda requests that the Board continue to set aside funds for a revenue stabilization fund to guard against future uncertainties and even uncertainty in the current fiscal year. He further stated for the remainder of FY2013, the county has instituted a heightened level of financial monitoring, scrutinizing decisions to hire for vacancies or for purchase of capital items as examples. For FY2014 he forecasted revenue increases are unlikely; therefore covering increases for the items previously discussed will be increasingly challenging without modifying existing cost structures. In closing, he reviewed some key milestones for the upcoming budget season. Mr. Holland expressed his appreciation to Mr. Carmody and Budget staff for their hard work. He expressed concerns relative to the schedule and to the county's cost structure and additional efficiencies. In response to Mr. Holland's concerns, Mr. Carmody stated staff will provide the Budget and Audit Committee with a more refined schedule of events and milestones for the upcoming budget season and take guidance from the Budget and Audit and the full board. 12-655 11/28/12 Mr. Gecker stated the reduction in the substantial portion of the balancing of past. He further stated the county corresponding growth in revenue either activity in planning or the Board has increase revenue in other places. school budget was a the budget in the has not seen a through increased been unwilling to In response to Mr. Gecker's concerns, Mr. Carmody stated given the high level overview of issues facing the county, now is the time to start that conversation with citizens of the community. He further stated it is important to leave as many options available because there are still a lot of unknowns. In regards to the Schools' budget, he stated levels are currently in line with FY2013 numbers. He further stated school items that need to be facilitated to continue with the path going forward will be addressed in the FY2014 budget cycle. Mr. Gecker stated he would not be inclined to increase operational funding unless some long-term structural issues are dealt with at the same time. In response to Mr. Gecker's questions, Mr. Carmody stated the Board of Supervisors provides a target number to the School Board who makes their choices accordingly, and the categorical authority in the appropriations resolution is limited to six or seven general categories. He further stated the partnership between the boards has been strong and will continue on that path going forward. Mr. Holland stressed the importance of community discussions. He stated he plans to meet with school representatives of the Dale District to discuss their concerns, goals and aspirations relative to the schools. He further stated people, technology and facilities are main priorities. In response to Mr. Holland's concerns, Mr. Carmody stated the calendar can be adjusted and refined to provide more detailed information earlier. In response to Mr. Warren's question, Mr. Carmody stated in June of this year the Board allocated anything that would be in excess of the fund balance policy to go to revenue stabilization and generally those results were in line with the June forecast. He further stated the surplus as a result of the FY2012 audit report on the School division side was approximately $7 million dollars, or approximately 1.5 percent, and $18.6 million on the general government side. Mr. Warren stated the combined numbers in regards to the surplus, reflects a frugal approach to government. Mr. Carmody stated margins are in the 2 percent range that have been established and delivered on sixteen months in advance of the close of that fiscal year. He further stated those numbers mirror a very strong testament to those skills and capabilities of staff. Mr. Gecker stated cuts were more aggressive in year one than year two based on the federal forecast of two years and planned to live on the surplus rolling forward as the surplus continues to decline. He further stated deferrals were made on the' general fund side on more capital that had any operational impact that would be a citizen service. He stated the level of service expectations that the county's population has long-term is not clear. 12-656 J J 11/28/12 • Mr. Stegmaier was pleased to report that last week the Genito Bridge over Swift Creek had traffic switched off the old 3-ton restricted bridge onto the newly constructed Phase I bridge. He stated VDOT staff is in the process of getting the weight restriction signs removed and/or changed. He further stated this process will allow emergency vehicles to now cross the bridge in lieu of taking detours and this provides an improved bridge crossing for this area of the county. • Mr. Stegmaier announced that Standard and Poor's informed the county that they have completed their review of the county's Utilities Department and reaffirmed the AAA stable rating on water and sewer revenue bonds. • Mr. Stegmaier was pleased to report that the new Kroger store at Stonebridge will have its grand opening on December 5th. He stated the store will carry about 110,000 items, 40 percent more than the standard store and also will employ about 350 people. In regards to the new Kroger store project, Mr. Warren complimented staff, Mr. Gecker and the County Administrator on the significant negotiating behind the scenes to uphold the county's interest and the commitment to Chesterfield County. • Mr. Stegmaier updated the Board on the new Uptown Alley recreation facility that will have its grand opening on Dec 6th. He stated this entertainment complex is a 38- lane, 55,000 square foot facility. He further stated Uptown Alley will house two distinct environments, with family friendly bowling on the ground floor and second- floor bowling designed for adults and group events, two full-service restaurants, and upstairs will also feature four high-tech equipped meeting rooms to host anything from corporate meetings to social club outings. • Mr. Stegmaier recognized Dr. Parham Jaberi, Chesterfield County Health Department Director. He stated Dr. Jaberi was recently recognized with the Sharyl W. Adams award from the Board of Directors from SAFE (Substance Abuse Free Environment). He further stated Dr. Jaberi has played a key role in efforts with SAFE to prevent medication abuse. 3. BOARD MEMBER REPORTS Ms. Jaeckle announced the Bermuda District will hold a community meeting regarding traffic problems on Ruffin Mill Road, expansion at Ashton Creek and River's Bend industrial areas and tractor-trailer traffic on December 4th at 7:00 p.m. at Marguerite Christian Elementary School. 4. REQUESTS TO POSTPONE AGENDA ITEMS AND ADDITIONS, DELETIONS OR CHANGES IN THE ORDER OF PRESENTATION 12-657 11/28/12 There were no Requests to Postpone Agenda Items and Additions, Deletions or Changes in the Order of Presentation. 5. RESOLUTIONS There were no Resolutions at this time. 6. WORK SESSIONS There were no Work Sessions at this time. 7. DEFERRED ITEMS There were no Deferred Items at this time. 8. NEW BUSINESS 8.A. CONSENT ITEMS 8.A.1. ADOPTION OF RESOLUTIONS RECOGNIZING COUNTY EMPLOYEES UPON THEIR RETIREMENT 8.A.l.a. MR. ROGER M. ROBERTSON, BUILDING INSPECTION DEPARTMENT On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board adopted the following resolution: WHEREAS, Mr. Roger M. Robertson joined Chesterfield County, Virginia as the Chief of Inspections on March 14, 1994; and WHEREAS, Mr. Robertson retired from the Chesterfield County Department of Building Inspection on November 1, 2012, after providing eighteen years of dedicated service; and WHEREAS, Mr. Robertson faithfully served the county and its residents with honor and integrity; and WHEREAS, Mr. Robertson's work to provide a safe built environment in Chesterfield County has greatly enhanced the well-being of our residents and visitors; and WHEREAS, Mr. Robertson is known for his technical knowledge of the profession and dedication in seeking opportunities to be a mentor and share his knowledge and experiences with staff members and the public; and WHEREAS, Mr. Robertson was a long-time assistant to the Emergency Operations Center, coordinating efforts.to assist the residents of Chesterfield County during times of disaster; and WHEREAS, Mr. Robertson's commitment to knowledge and professionalism is exemplified by his achieving an associates degree and more than 20 professional certifications, including the Master Code Professional certification, which is the highest level of certification, held by fewer than 800 code professionals throughout the world; and WHEREAS, Mr. Robertson generously devoted his time, talent and leadership to service with the Virginia Building and Code Officials Association and the International Code J J 12-658 11/28/12 Council; and WHEREAS, Mr. Robertson has served the residents of the Commonwealth of Virginia through his work as an instructor for the Virginia Department of Housing and Community Development's Jack A. Proctor Building Code Academy; and WHEREAS, Mr. Robertson has received professional recognition for his contributions to the building inspection profession through receipt of the Virginia Building and Code Officials Association's Jack A. Proctor Meritorious Service Award in 2012, the Meritorious Service Award for Building Officials in 2002 and the Public Service Award in 2006; and WHEREAS, Mr. Robertson was awarded the 2012 International Code Council President's Award by International Code Council President and Deputy County Administrator William D. Dupler in recognition of his meritorious service. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes Mr. Roger M. Robertson for his contributions to Chesterfield County, the Commonwealth of Virginia and the national building code professional community, expresses the appreciation of all residents for his service to the county and extends appreciation for his dedicated service to the Building Inspection Department and congratulations upon his retirement. Ayes: Gecker, Jaeckle, Warren, Holland and Elswick. Nays: None. 8.A.l.b. MS. LINDA A. HUMPHRIES, REAL ESTATE ASSESSMENT DEPARTMENT On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board adopted the following resolution: WHEREAS, Ms. Linda A. Humphries began her tenure of public service with Chesterfield County as an Account Clerk in the Department of Real Estate Assessment on October 24, 1977; and WHEREAS, in July 1982, Ms. Humphries was promoted to the position of Clerk Typist, and to the position of Title Investigator effective December 1983, and to the position of Senior Title Investigator in November 1989, and to the position of Title Researcher in July 2006, and to the position of Appraisal Specialist in July 2011; and WHEREAS, Ms. Humphries is a 2004 graduate of Chesterfield County's TQI University; and WHEREAS, Ms. Humphries faithfully served as the Department of Real Estate Assessment's Christmas Mother Liaison for more than twenty years; and I WHEREAS, Ms. Humphries was the 2012 Department of Real Estate Assessment's Employee of Year; and WHEREAS, Ms. Humphries has served on the Department of Real Estate Assessment's Emergency Evacuation Team and Diversity Team; and WHEREAS, Ms. Humphries will be missed by her peers and the citizens she has served for her expertise in the daily management of the transfer of property records with attention 12-659 11/28/12 to detail and accuracy; and WHEREAS, Ms. Humphries has provided the Chesterfield County Department of Real Estate Assessment with more than 35 years of loyal and dedicated service; and WHEREAS, the Department of Real Estate Assessment and Chesterfield County will miss Ms. Humphries' diligent service. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes Ms. Linda A. Humphries, 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.A.i.c. LIEUTENANT JEFFREY G. PARLIER, POLICE DEPARTMENT On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board adopted the following resolution: WHEREAS, Lieutenant Jeffrey G. Parlier will retire from the Chesterfield County Police Department on December 1, 2012, after providing more than 25 years of quality service to the citizens of Chesterfield County; and WHEREAS, Lieutenant Parlier has faithfully served the county in the capacity of Police Officer, Detective, Detective First Class, Senior Detective, Sergeant and Lieutenant; and WHEREAS, Lieutenant Parlier has also served as Field Training Officer, Electronics Technician, and General Instructor, as well as a Firearms and Driving Instructor; and WHEREAS, Lieutenant Parlier has served diligently in various assignments throughout the Chesterfield County Police Department to include Commander of the Vice and Narcotics Unit, North Division C Shift Commander, and the Assistant Academy Director; and WHEREAS, while serving as a member of the Larceny from Auto Section, Lieutenant Parlier and his fellow officers were recognized with a Unit Citation for their efforts in the identification and arrest of an organized group of thieves dubbed "The Felony Lane Gang," who were operating up and down the East Coast, after the section's diligence, teamwork, and work ethic brought an end to the crime spree that caused over $300,000 in bank losses and thousands of dollars in vandalism and stolen property; and WHEREAS, Lieutenant Parlier received a Unit Citation Award as a member of the Anti-Crime Unit (currently known as the Tactical Investigations Unit) for the successful conclusion of the investigation of a series of breaking and entering cases committed by two individuals; and WHEREAS, Lieutenant Parlier was the recipient of a Commendation Award for distinguishing himself while serving as a member of the Vice and Narcotics Unit, whereby due to 12-660 11/28/12 J J J the extreme patience, teamwork and sacrifice exhibited by the unit during a surveillance assignment, an extremely dangerous suspect, who was involved in the distribution of illegal drugs in Chesterfield County, was successfully apprehended and prosecuted; and WHEREAS, Lieutenant Parlier was recognized for assisting the City of Richmond Police Department in the resolution of a ten-year-old homicide case through his investigation of a suspect in Chesterfield County; and WHEREAS, Lieutenant Parlier is recognized for his communications and human relations skills, his professionalism and teamwork, all of which he has utilized within the Police Department and in assisting citizens of Chesterfield County; and WHEREAS, Lieutenant Parlier has received numerous letters of commendation, thanks and appreciation from the citizens of Chesterfield County for service rendered; and WHEREAS, Lieutenant Parlier 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 Lieutenant Parlier's diligent service. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes Lieutenant Jeffrey G. Parlier, 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: Decker, Jaeckle, Warren, Holland and Elswick. Nays: None. 8.A.l.d. CAREER POLICE OFFICER IRVING C. PEOPLES, JR., POLICE DEPARTMENT On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board adopted the following resolution: WHEREAS, Career Officer Irving C. Peoples, Jr. will retire from the Chesterfield County Police Department on December 1, 2012, after providing more than 25 years of outstanding quality service to the citizens of Chesterfield County; and WHEREAS, Career Officer Peoples has faithfully served the county in the capacity of Police Officer, Master and Career Police Officer; and WHEREAS, during his tenure, Career Officer Peoples has also served as a Summons Service Officer, Desk Officer, Ettrick Bike Patrol Officer and Prisoner Transport Vehicle operator; and WHEREAS, Career Officer Peoples has an incredible recall ability, which allows him to instantly recall the names and pertinent information of individuals he has encountered, and 12-661 11/28/12 this information has been very beneficial to his fellow officers; and WHEREAS, Career Officer Peoples is recognized for his customer service, human relations skills, and professionalism that he has utilized within the Police Department and in assisting citizens of Chesterfield County; and WHEREAS, Career Officer Peoples is a very dedicated, dependable, veteran police officer who has been looked to for knowledge and insight by his peers; and WHEREAS, Career Officer Peoples has received letters of commendation, thanks and appreciation from the citizens of Chesterfield County for service rendered; and WHEREAS, Career Officer Peoples 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 Career Officer Peoples' diligent service. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes Career Officer Irving C. Peoples, Jr., and extends on behalf of its members and the citizens of Chesterfield County appreciation for his service to the county, congratulations on his successful career, and best wishes for a long and happy retirement. Ayes: Gecker, Jaeckle, Warren, Holland and Elswick. Nays: None. 8.A.l.e. MR. KENNETH R. UMHOLTZ, POLICE DEPARTMENT On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board adopted the following resolution: WHEREAS, Mr. Kenneth R. Umholtz will retire from the Chesterfield County Police Department on December 1, 2012, after providing more than 30 years of quality service to the citizens of Chesterfield County; and WHEREAS, Mr. Umholtz began his career with the Utilities Department in the capacity of Utilities Plant Operator and later became an Animal Control Officer, where he has served for the past 27 years; and WHEREAS, Mr. Umholtz was selected as the Animal Control Officer of the year for in 2002 and 2003; and WHEREAS, Mr. Umholtz has served in the role of Primary Training Officer; and WHEREAS, Mr. Umholtz has received numerous letters of thanks and appreciation during his career from the citizens of Chesterfield County for service rendered; and WHEREAS, Mr. Umholtz is recognized for his communications and human relations skills, which he has utilized very effectively in working with citizens and building a positive public perception of the Animal Control Unit; and J J J 12-662 11/28/12 WHEREAS, Mr. Umholtz 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 Mr. Umholtz's diligent service. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes Mr. Kenneth R. Umholtz, 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.A.l.f. MR. EDWIN "NED" SNEAD, CHESTERFIELD DEPARTMENT OF MENTAL HEALTH SUPPORT SERVICES On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board adopted the following resolution: WHEREAS, Mr. Edwin Snead will retire on December 31, 2012, after providing 20 years of dedicated and faithful service to the citizens of Chesterfield County; and WHEREAS, Mr. Snead began his career with the Chesterfield County Department of Mental Health Support Services in the Substance Abuse Services Division on May 4, 1992, as the Substance Abuse Services Manager; and WHEREAS, Mr. Snead, with staff involvement redefined the program's orientation and mission for service provision, implementing gender-specific services for both men and women; and WHEREAS, Mr. Snead wrote and received a grant from the State to implement Chesterfield County's first Local Area Network (LAN) computer system that for the first time connected Substance Abuse services staff with Crisis staff through email; and WHEREAS, Mr. Snead coordinated with the Local Health Department to expand services to expectant and child-rearing women and worked with Psychiatric Rehabilitative Services to develop and implement services for individuals with co- occurring disorders; and WHEREAS, Mr. Snead received the National Association of Counties (NACo) Achievement Award for distinguished and innovative services by developing and providing Outreach Perinatal Addictions Services; and WHEREAS, Mr. Snead became a founding Health Support Services Risk Management continuously served on this committee si and 12-663 member of Mental Committee and has nce its inception; 11/28/12 WHEREAS, Mr. Snead implemented Auricular Acupuncture as a best practice model to assist consumers experiencing Post Acute Withdrawal Syndrome (PAWS); and WHEREAS, Mr. Snead became a founding member of the National Institute of Drug Abuse Clinical Trials Network (CTN), partnering with Johns Hopkins and Virginia Commonwealth Universities and eight other regional community programs to form the Mid-Atlantic Node of the CTN; and WHEREAS, Mr. Snead was integral in the planning, development and implementation of the Juvenile and Adult Drug Courts and provided ongoing clinical supervision for Adult Drug Court; and WHEREAS, in 2004, Mr. Snead presented "Motivational Interviewing: What It Is, How It Works, and How to Make it Work in Your Agency" at NIDA's National Blending Conference in Detroit; and WHEREAS, Mr. Snead published with other contributors, "Characteristics, Beliefs, and Practices of Community Clinicians Trained to Provide Manual-Guided Therapy for Substance. Abusers", Journal of Substance Abuse Treatment 23 (2002) 309-318; and WHEREAS, Mr. Snead published with other contributors, "Motivational Interviewing to Improve Treatment Engagement and Outcome in Individuals Seeking Treatment for Substance Abuse: A Multi-site Effectiveness Study", Drug and Alcohol Dependence 81(2006) 301-312; and WHEREAS, Mr. Snead served as the Chair of the HPRIV Regional Substance Abuse Directors, as a member of the VACSB's Substance Abuse Council's Executive Committee and member of Region CTN Node; and WHEREAS, Mr. Snead implemented peer-to-peer services by hiring two part- time Recovery Coaches, and was awarded SAMHSA's 2009 Science to Service Award for providing evidenced-based and peer-related services; and WHEREAS, Mr. Snead served as a member of the Central Virginia Evidenced Based Practices Implementation Network, VCU's SBIRT Implementation Workgroup, and a member of the Executive Committee for the Virginia Association of Drug and Alcohol Programs; and WHEREAS, Mr. Snead throughout his twenty years of service continually supported the growth of a highly skilled, talented staff; and NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes the contributions of Mr. Edwin Snead, and extends appreciation for his twenty years of dedicated 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. J J J 12-664 11/28/12 8.A.l.g. MRS. REBECCA J. PARKER, PARKS AND RECREATION DEPARTMENT On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board adopted the following resolution: WHEREAS, Mrs. Rebecca J. Parker will retire from the Chesterfield County Department of Parks and Recreation effective January 1, 2013; and WHEREAS, Mrs. Parker began her public service with Chesterfield County in February 1992; and WHEREAS, Mrs. Parker has provided superior customer service, integrity, work ethic and knowledge in her position as Secretary; and WHEREAS, Mrs. Parker has acted as Secretary for the Parks and Recreation Advisory Commission and has been commended for the accuracy of her meeting minutes and has served as the staff contact for the PRAC members; and WHEREAS, Mrs. Parker has served as an officer and board member of the Eppington Foundation and has contributed greatly to the education and preservation efforts of the Eppington Foundation; and WHEREAS, Mrs. Parker has been an invaluable asset and mainstay for the Parks and Recreation Department and Police Records Division for the past 20 years; and WHEREAS, Mrs. Parker has been dedicated, productive and dependable in the fulfillment of her position responsibilities; and WHEREAS, Mrs. Parker's knowledge of department operations, her friendly personality and her desire to help staff and customers made her the first choice for assistance in seeking information and finding solutions for Parks and Recreation issues; and WHEREAS, Mrs. Parker will be missed by her co-workers, supervisors, and the citizens of Chesterfield County, whom she has so exceptionally served. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes the outstanding contributions of Mrs. Rebecca J. Parker, expresses the appreciation of all residents for her 20 years of service to Chesterfield County, and extends appreciation for her dedicated service to the county and congratulations upon her retirement, as well as best wishes for a long and happy retirement. Ayes: Gecker, Jaeckle, Warren, Holland and Elswick. Nays: None. 12-665 11/28/12 8.A.2. REQUEST TO QUITCLAIM A PORTION OF A VARIABLE WIDTH TEMPORARY PUBLIC VEHICULAR AND PEDESTRIAN ACCESS EASEMENT ACROSS THE PROPERTY OF KROGER LIMITED PARTNERSHIP I 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 a quitclaim deed to vacate a portion of a variable width temporary public vehicular and pedestrian access easement across the property of Kroger Limited Partnership I. (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.A.3. APPROVAL OF A CONTRACT FOR ACQUISITION OF A PARCEL OF LAND ON HULL STREET ROAD On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board approved a contract for the acquisition of a parcel of land at 7801 Hull Street Road containing 16 acres, more or less, from Pocoshock, LTD., and authorized the County Administrator to execute the contract and 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.A.4. AUTHORIZE AN APPLICATION TO AMEND CONDITIONAL USE (91SN0221) TO ALLOW USE OF THE POLICE AND FIRE TRAINING FACILITIES AT THE PUBLIC SAFETY TRAINING CENTER LOCATED ON ALLIED ROAD BY OTHER JURISDICTIONS On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board authorized an application to amend conditional use approval to allow other jurisdictions to use the county's Public Safety Training Center located at 13900 Allied Road (Tax ID 829-644-2688), in an Agricultural (A) District, appointed Captain David Stone, Police Department, and Chief Chris Basdikis, Fire Department, as agents for the Board of Supervisors for the purpose of the application and waived disclosure. Ayes: Gecker, Jaeckle, Warren, Holland and Elswick. Nays: None. 8.A.6. REVISION TO THE 2012 HOLIDAY SCHEDULE TO INCLUDE AN ADDITIONAL HOLIDAY On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board revised the 2012 Holiday Schedule to include Monday, December 31, 2012, as an additional holiday. Ayes: Gecker, Jaeckle, Warren, Holland and Elswick. Nays: None. J J J 12-666 11/28/12 The following item was removed from the Consent Agenda for Board discussion: 8.A.5. DESIGNATION OF FY2012 RESULTS OF OPERATIONS In response to Mr. Gecker's question regarding funds designated to t~chnolo~gy systems, Mr. Carmody stated once the project is Completed .all unspent funds will be returned to their original; funding source. He further stated all questions and/or concerns the Board has can be addressed before moving forward with the procurement stage and any award of a contract with a particular vendor is a necessary action the Board takes. In response to Mr. Elswick's question, Mr. Carmody stated recognizing there are still outstanding questions, the procurement phase will not be enacted until the Board is in full support. In response to Mr. Gecker's question, Mr. Carmody stated the Board's approval of specific systems and necessary contract awards would still be necessary. Mr. Holland stressed the importance of looking at all technology systems. He stated it is also important that the Board be involved in the appropriation process. On motion of Mr. Holland, seconded by Mr. Warren, the Board authorized the transfer of $4.6 million out of the assigned FY2012 results of operations for the following purposes $4 million for technology systems; $300,000 for library materials; and $300,000 for miscellaneous capital/facility improvements. Ayes: Gecker, Jaeckle, Warren, Holland and Elswick. Nays: None. 9. REPORTS 9.A. REPORT ON STATUS OF GENERAL FUND BALANCE, RESERVE FOR FUTURE CAPITAL PROJECTS, DISTRICT IMPROVEMENT FUNDS AND LEASE PURCHASES On motion of Holland, seconded by Warren, the Board accepted the following report: a Report of 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 Mr. Dick Page, member of the expressed concerns relative neighborhood. Surrywood Civic Association, to violent dogs in his 12-667 11/28/12 11. CLOSED SESSION PURSUANT TO SECTION 2.2-3711(A)(3), CODE OF VIRGINIA, 1950, AS AMENDED, TO DISCUSS THE ACQUISITION BY THE COUNTY OF REAL ESTATE FOR A PUBLIC PURPOSE WHERE DISCUSSION IN AN OPEN MEETING WOULD ADVERSELY AFFECT THE BARGAINING POSITION AND NEGOTIATING STRATEGY OF THE COUNTY On motion of Mr. Holland, seconded by Mr. Elswick, the Board went into closed session pursuant to Section 2.2-3711(A)(3), Code of Virginia, 1950, as amended, to discuss the acquisition by the county of real estate for a public purpose where discussion in an open meeting would adversely affect the bargaining position and negotiating strategy of the county. Ayes: Gecker, Jaeckle, Warren, Holland and Elswick. Nays: None. Reconvening: On motion of Ms. Jaeckle, seconded by Mr. Warren, the Board adopted the following resolution: WHEREAS, the Board of Supervisors has this day adjourned into Closed Session in accordance with a formal vote of the Board and in accordance with the provisions of the Virginia Freedom of Information Act; and WHEREAS, the Virginia Freedom of Information Act effective July 1, 1989 provides for certification that such Closed Session was conducted in conformity with law. NOW, THEREFORE BE IT RESOLVED, the Board of Supervisors does hereby certify that to the best of each member's knowledge, i) only public business matters lawfully exempted from open meeting requirements under the Freedom of Information Act were discussed in Closed Session to which this certification applies, and ii) only such business matters were identified in the Motion by which the Closed Session was convened were heard, discussed or considered by the Board. No member dissents from this certification. Mr. Holland: Aye. Mr. Elswick: Aye. Mr. Warren: Aye. Ms. Jaeckle: Aye. Mr. Gecker: Aye. 12. DINNER WITH MEMBERS OF THE COUNTY'S LEGISLATIVE DELEGATION AND SCHOOL BOARD AT 5 P.M. AT THE EANES- PITTMAN PUBLIC SAFETY TRAINING CENTER On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board recessed to dinner with members of the county's legislative delegation and School Board at 5 p.m. at the Eanes-Pittman Public Safety Training Center. Ayes: Gecker, Jaeckle, Warren, Holland and Elswick. Nays: None. J J 12-668 11/28/12 Reconvening: 13. INVOCATION Mr. Allan Carmody, Director of Budget and Management, gave the invocation. 14. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Eagle Scout David Ryan Branch led the Pledge of Allegiance. 15. RESOLUTIONS 15.A. RECOGNIZING MR. DAVID RYAN BRANCH UPON ATTAINING THE RANK OF EAGLE SCOUT Mr. Kappel introduced Mr. David Ryan Branch, who was present to receive the resolution. On motion of Mr. Elswick, seconded by Mr. Holland, 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. David Ryan Branch, Troop 1891, sponsored by Bon Air United Methodist Church, has accomplished those high standards of commitment and has 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 his experiences in Scouting, learning the lessons of responsible citizenship, and endeavoring to prepare himself for a role as a leader in society, David has distinguished himself as a member of a new generation of prepared young citizens of whom we can all be very proud. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 28th day of November 2012, publicly recognizes Mr. David Ryan Branch, extends congratulations on his attainment of Eagle Scout, and acknowledges the good fortune of the county to have such an outstanding young man as one of its citizens. Ayes: Gecker, Jaeckle, Warren, Holland and Elswick. Nays: None. 12-669 11/28/12 Mr. Decker presented the executed resolution and patch to Mr. Branch, accompanied by members of his family, congratulated him on his outstanding achievements, and wished him well in future endeavors. Mr. Branch provided details of his Eagle Scout project and expressed appreciation to his parents and others for their support. 16. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED MATTERS There were no requests to address the Board at this time. 17. REQUESTS FOR MANUFACTURED HOME PERMITS AND REZONING PLACED ON THE CONSENT AGENDA TO BE HEARD IN THE FOLLOWING ORDER: - WITHDRAWALS/DEFERRALS - CASES WHERE THE APPLICANT ACCEPTS THE RECOMMENDATION AND THERE IS NO OPPOSITION - CASES WHERE THE APPLICANT DOES NOT ACCEPT THE RECOMMENDATION AND/OR THERE IS PUBLIC OPPOSITION WILL BE HEARD AT SECTION 19 12SN0194 In Clover Hill Magisterial District, Chesterfield County Board of Supervisors proposes conditional use planned development approval and amendment of zoning district map to permit a residential community identification sign within a public right-of-way in Agricultural (A), Residential (R-7) and Residential Townhouse (R-TH) District on .3 acre located within the roundabout at Brandermill Parkway, South Old Hundred Road and Kelly Green Drive. Density will be controlled by zoning conditions or ordinance standards. The Comprehensive Plan suggests the property is .appropriate for regional mixed use and residential use of 2.0 to 4.0 dwellings per acre. Tax Map 730-682. (VDOT RIGHT-OF-WAY) Mr. Turner presented a summary of Case 13SN0117 and stated both the Planning Commission and staff recommended approval subject to the one condition. Mr. Kirkland Turner, representative for the Board, accepted the recommendation. Mr. Decker called for public comment. There being no one to speak to the request, the public hearing was closed. Mr. Warren stated the proposal is an example of how the community came together and worked very closely with staff. He expressed his appreciation to the chairman of the Planning Commission, Mr. Russ Gulley, and those who supported the compromise that was reached. Mr. Warren made a motion, seconded by Ms. Jaeckle, for the Board to approve Case 12SN0194. In response to Mr. Elswick's question, Mr. Turner stated the sign ordinance is very specific, in terms of how signs are calculated. He further stated the way the sign was originally designed caused the sign to be out of compliance and one of J J J 12-670 11/28/12 the remedies was to apply the sign on a separate panel that would be offset from the sign structure, which is consistent with the county's application. He noted there are numerous signs located in the county that are similar to the proposed sign. Mr. Elswick stressed the importance of process improvement relative to zoning cases. Mr. Gecker called for the vote on the motion made by Mr. Warren, seconded by Ms. Jaeckle for the Board to approve Case 12SN0194, subject to the following condition: A residential community identification sign shall be permitted within the roundabout of Old Hundred Road and Brandermill Parkway provided such sign is installed as shown on Exhibit B, prepared by Brooks Gray Sign Company and dated September 28, 2012. Within six (6) months of the approval of this request, the Brandermill Community Association shall reface the existing sign (as shown on Exhibit A) to comply with this Condition. The Brandermill Community Association shall be responsible for maintaining the sign in compliance with this Condition. (P) Ayes: Gecker, Jaeckle, Warren, Holland and Elswick. Nays: None. 125N0236 In Midlothian Magisterial District, Macerich, L.P. requests conditional use approval and amendment of zoning district map to permit outdoor uses (carnival/festival, continuous outdoor display and sale of merchandise and movie/concert events) in Neighborhood Business (C-2), Community Business (C-3) and Regional Business (C-4) Districts on 75.2 acres located in the southwest quadrant of Koger Center Boulevard and Mall Drive; also lying on the east line of Huguenot Road and the north line of Midlothian Turnpike. Density will be controlled by zoning conditions or ordinance standards. The Comprehensive Plan suggests the property is appropriate for regional mixed use. Tax IDs 741-709-1430 and 741-711-0904. Mr. Turner presented a summary of Case 13SN0236 and stated both the Planning Commission and staff recommended approval and acceptance of the proffered conditions. Ms. Ashley Venable accepted the recommendation. Mr. Gecker called for public comment. There being no one to speak to the request, the public hearing was closed. Mr. Gecker made a motion, seconded by Mr. Holland, for the Board to approve Case 12SN0236 and accept the following proffered conditions: 1. The areas designated for continuous outside display of merchandise for sale, commercial outdoor recreational establishments, carnival, concert, festival and movie events shall be limited to the areas shown on Exhibit A, dated September 7, 2012. (P) 12-671 11/28/12 2. Commercial outdoor recreational establishments shall be limited to a skating rink or other similar uses. (P) 3. The use of carnival, concert, festival and movie event areas as shown on Exhibit A shall not be permitted from November 15th to December 30th. This condition shall not prohibit commercial outdoor recreational establishments during this time period. (P) 4. The use of continuous outside display of merchandise for sale/event areas shown on Exhibit A shall not be permitted from November 15th to December 30th. This condition shall not prohibit temporary Christmas tree sales during this time period. (P) 5. Any continuous outside display of merchandise for sale shall be considered accessory to a permitted use inside the shopping center. (P) 6. No permanent improvements associated with any continuous outside display of merchandise for sale, commercial outdoor recreational establishments, carnival, concert, festival or movie events shall be permitted. (P) 7. Of the six sites shown on Exhibit A, no more than three of the sites shall be in use at any one time. From November 15th to December 30th, only two (2) sites shall be in use at any one time . Sites E & F may not be used simultaneously during any time of the year. (P) 8. Hours of operation: a. Continuous outside display of merchandise for sale, commercial outdoor recreational establishments, concert, festival or movie events shall coincide with the general business hours of the shopping center or specified in the Music or Entertainment Festival Permit. In no event shall these uses operate beyond 10 p.m. b. The carnival use shall operate from 12 p.m. until 10 p.m. (P) 9. Carnival, concert, festival and movie events shall be permitted no more than twelve (12) times a year, with each type of event permitted a maximum of three (3) times a year. Each of these events shall last a period of no longer than fourteen (14) days. Similar events shall be spaced at a minimum interval of thirty (30) days from the last day of the previously permitted event. (P) Ayes: Gecker, Jaeckle, Warren, Holland and Elswick. Nays: None. 13SN0116 In Bermuda Magisterial District, Atlantic Emergency Group, LLC requests conditional use approval and amendment of zoning district map to permit the sale of motor vehicles or trailers with a minimum weight of 7,500 pounds in a General Industrial (I-2) District on 2.7 acres located in the northeast corner J J 12-672 11/28/12 of Grover Court and Redwater Drive. Density will be controlled by zoning conditions or ordinance standards. The Comprehensive Plan suggests the property is appropriate for industrial use. Tax ID 802-652-7863. Mr. Turner presented a summary of Case 13SN0116 and stated both the Planning Commission and staff recommended approval subject to the condition and acceptance of the proffered conditions. Mr. Scott Richly, representing the applicant, 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 made a motion, seconded by Mr. Warren, for the Board to approve Case 13SN0116, subject to the following condition: In addition to uses currently permitted on the property, the sale of emergency response vehicles and trailers shall be allowed. (P) (Staff Note: This condition is in addition to conditions of approval of Case 94SN0197 for the subject property only.) And, further, the Board accepted the following proffered conditions: 1. No vehicles will be sold at the Property with a gross weight under 7,500 lbs. (P) 2. The total number of vehicles and/or trailers that are present on the Property solely for the purpose of sales shall not exceed twenty (20) at any given time. (P) (Staff Note: These conditions are in addition to conditions of approval of Case 94SN0197 for the subject property only.) Ayes: Gecker, Jaeckle, Warren, Holland and Elswick. Nays: None. i~~Nni~~ In Matoaca Magisterial District, Chesterfield County Board of Supervisors proposes amendment of conditional use (75AN0214) and amendment of zoning district map to permit a freestanding sign in an Agricultural (A) District on 2 acres known as 10630 River Road. Density will be controlled by zoning conditions or ordinance standards. The Comprehensive Plan suggests the property is appropriate for residential use of up to .5 dwellings per acre. Tax ID 754-625-5188. Mr. Turner presented a summary of Case 13SN0117 and stated both the Planning Commission and staff recommended approval subject to the one condition. Mr. Kirkland Turner, representative for the Board, accepted the condition. Mr. Gecker called for public comment. There being no one to speak to the request, the public hearing was closed. 12-673 11/28/12 Mr. Elswick made a motion, seconded by Mr. Holland, for the Board to approve Case 13SN0117, subject to the following condition: Two (2) signs identifying the fire station shall be permitted. One (1) building mounted sign shall be permitted, not exceeding thirty-two (32) square feet in area. One (1) freestanding sign shall be permitted, regulated by the Zoning Ordinance. (P) (NOTE: This condition supersedes Condition 3 of Case 75AN0214. All other previous conditions of zoning approved in Case 75AN0214 shall remain in full force and effect.) Ayes: Decker, Jaeckle, Warren, Holland and Elswick. Nays: None. ~ acivni ~a In Matoaca Magisterial District, Glenn White requests conditional use approval (renewal of Case 08SN0274) and amendment of zoning district map to permit mulch sales in an Agricultural (A) District on 1.3 acres located in the northwest corner of Hull Street and Cosby Roads. Density will be controlled by zoning conditions or ordinance standards. The Comprehensive Plan suggests the property is appropriate for neighborhood business use. Tax ID 716-671-Part of 6919. Mr. Turner presented a summary of Case 13SN0124 and stated both the Planning Commission and staff recommended approval and acceptance of the proffered conditions. Ms. Carrie Coyner, representing the applicant, accepted the recommendation. Mr. Decker called for public comment. There being no one to speak to the request, the public hearing was closed. Mr. Elswick made a motion, seconded by Mr. Warren, for the Board to approve Case 13SN0124 and accept the following proffered conditions: 1. This Conditional Use shall be granted for a period not to exceed five (5) years from the date of approval and shall not be transferable or run with the land except to descendants of Glenn White. (P) 2. This Conditional Use shall be limited to the sale of mulch, exclusively. (P) 3. The use shall not be open to the public between 6:00 p.m. and 8:00 a.m. (P) 4. There shall be no additional buildings erected on the property for this use. (P) 5. There shall be no direct vehicular access to Hull Street Road. (T) 6. Views of the mulch storage areas from Hull Street Road shall be minimized with the installation of Perimeter Landscaping C incorporating: 1) a single row of large 12-674 11/28/12 J J deciduous or evergreen trees planted ten (10) feet on center with a minimum height of six (6) feet at time of planting and 2) a decorative three rail fence a minimum of four feet in height. (P) 7. Views of the mulch storage areas from Cosby Road shall be screened with either 1) the installation of a privacy fence, a minimum of six (6) feet in height or 2) a single row of large deciduous or evergreen trees planted ten (10) feet on center with a minimum height of six (6) feet at time of planting and 2) a decorative three rail fence a minimum of four feet in height. (P) 8. Landscaping and fencing shall be installed in the areas depicted on Exhibit A. Proposed Landscape Areas A and B shall be supplemented with plantings in accordance with Proffered Conditions 6 and 7. (P) 9. A landscape plan depicting the requirements of Proffered Conditions 6 and 7 shall be submitted to the Planning Department within forty-five (45) days of approval of the Conditional Use. The execution of this approved plan shall occur no later than May 31, 2013. (P) Ayes: Gecker, Jaeckle, Warren, Holland and Elswick. Nays: None. 13SN0136 In Dale Magisterial District, GJD LLC requests conditional use approval and amendment of zoning district map to permit a two-family dwelling in a Residential (R-25) District on 2.4 acres lying at the southeastern terminus of Erinton Terrace. Density will be controlled by zoning conditions or ordinance standards. The Comprehensive Plan suggests the property is appropriate for residential use of maximum of 0.5 dwellings per acre. Tax ID 768-641-8519. Mr. Turner presented a summary of Case 13SN0136 and stated both the Planning Commission and staff recommended approval and acceptance of the proffered conditions. Ms. Carrie Coyner, representing the applicant, accepted the recommendation. Mr. Gecker called for public comment. There being no one to speak to the request, the public hearing was closed. Mr. Holland made a motion, seconded by Mr. Warren, for the Board to approve Case 13SN0136 and accept the following proffered conditions: 1. Occupancy of the second dwelling unit shall be limited to: the occupants of the principal dwelling unit, individuals related to them by blood, marriage, adoption or guardianship, foster children, guests and any domestic servants. (P) 2. For the purpose of providing record notice, within thirty (30) days of approval of this request, a deed 12-675 11/28/12 restriction shall be recorded setting forth the limitation in Condition 1 above. The deed book and page number of such restriction and a copy of the restriction as recorded shall be submitted to the Planning Department. (P) Ayes: Gecker, Jaeckle, Warren, Holland and Elswick. Nays: None. 18. PUBLIC HEARINGS 18.A. TO CONSIDER RENEWAL OF LEASE OF REAL PROPERTY AT ROBIOUS LANDING PARK FOR THE OPERATION OF THE ROBIOUS LANDING BOATHOUSE Mr. Golden stated this date and time has been advertised for a public hearing for the Board to consider renewal of lease of real property at Robious Landing Park for the operation of the Robious Landing Boathouse. Mr. Gecker called for public comment. Mr. Paul Georgiadis, past president of the Virginia Boat Club, expressed his support for renewing the Virginia Boat Club's five-year lease. Mr. Hank Holswade, founder and coach of James River High School crew team, noted that the expanded boathouse has helped make it possible for more than 1,000 students to take up rowing since the squad was launched. Ms. Kristina Writenhouse, a member of the James River High School's crew team, expressed her support of the lease renewal. She stressed how important the crew team is to her and her teammates. Mr. Bruce Margopolis, Midlothian County resident, urged the Board to extend the boathouse lease. He stated his son, who was a member of the James River crew team, was taught the value of teamwork and leadership. No one else came forward to speak to the issue. Mr. Gecker stated the proposal is an appropriate use of public property and is consistent with the county's philosophy of leveraging assets. He stressed the importance of getting the youth engaged in healthy activities. On motion of Mr. Gecker, seconded by Mr. Warren, the Board approved the renewal of lease of real property at Robious Landing Park for the operation of the Robious Landing Boathouse. Mr. Warren stated he is very pleased with the James River High School's crew team. Ms. Jaeckle expressed her appreciation for the efforts made by the parents and coaches dedicated to the good habits of the youth which bodes well for their future. Mr. Gecker called for a vote on his motion, seconded by Mr. Warren, for the Board to approve the renewal of lease of real J J J 12-676 11/28/12 property at Robious Landing Park for the operation of the Robious Landing Boathouse. Ayes: Gecker, Jaeckle, Warren, Holland and Elswick. Nays: None. 19. REMAINING MANUFACTURED HOME PERMITS AND ZONING REQUESTS 12SN0225 In Bermuda Magisterial District, Emerson Companies requests amendment of conditional use planned development (Case 95SN0309) and amendment of zoning district map relative to density, tract acreage and to delete the cash proffer in a Community Business (C-3) District on .6 acre located in the southeast corner of Fountain Square Plaza and Chester Village Drive. Density will be controlled by zoning conditions or ordinance standards. The Comprehensive Plan suggests the property is appropriate for neighborhood mixed use. Tax IDs 788-655-8553, 8854 and 9964. Mr. Ryan Ramsey presented a summary of Case 12SN0225 and stated both the Planning Commission and staff recommended denial because while the proposed uses conform to the Chester Village Plan, the proposal does not mitigate the impact on capital facilities thereby insuring adequate service levels are maintained and protecting the health safety and welfare of county citizens. He further stated the applicant has not offered measures to adequately address the impacts of the development on necessary capital facilities as outlined in the Zoning Ordinance and Comprehensive Plan. Ms. Carrie Coyner, representing the applicant, stated the applicant proposes to amend the previous conditional use planned development to permit a multi-family building containing up to forty-four dwelling units within Chester Village Green. She further stated the current proposal for the request site is a multi-family building with no commercial, retail or office uses, however the applicant has proffered that the first floor shall be constructed to be convertible to commercial, retail or office uses should demand warrant the conversion. She noted a community meeting was held with residents and the majority of those in attendance were supportive of the proposal. She stated the proposal guarantees limited bedrooms, is within a Village location, is designed to reduce impact on public facilities and is an in-fill development location. She further stated the proposed use will increase vitality of the Village, support for future Arts Center and current businesses and will attract business. She stated design standards and elevations proffered are a substantial upgrade from what is currently required under development standards and ordinance requirements. She presented a comparison chart as it relates to the approval or denial of the case. Ms. Diana Parker, a Bermuda District resident, expressed concerns relative to the elimination of cash proffers. She urged the Board to deny the proposal. Mr. Bob Olsen expressed concerns relative to removal of cash proffers that will displace the financial burden from the developer to the current citizens of the county. 12-677 11/28/12 Mr. Barney McLaughlin, the current owner of the property, urged the Board to approve the request. He expressed concerns relative to the policy, stating the cash proffer policy taxes one segment of the population. Ms. Martha McLaughlin urged the Board to approve the request. She stated the abandoned site creates an eye-sore for the community. Ms. Pearl Goff urged the Board to move forward with the project . Mr. Bill Bunting, owner of Centralia Animal Hospital, urged the Board to approve the request. He expressed concerns with the vacant lot and the possibility of losing tax revenue. Mr. Kevin McNulty, a Dale District resident, expressed his support of the case. He stated the proposal mimics the needs to encourage development without the county imposing requirements for the payment of involuntary cash proffers. Mr. Bruce Milam, a commercial real estate broker, urged the Board to approve the request. He stated the county lacks quality apartments which could promote economic development. He expressed concerns relative to the cash proffer system. Mr. Jim Daniels, the original developer of Chester Village Green, stated he is convinced the final product will be viable for the county and generate business. He further stated Chester has become a focal point for the county. He urged the Board to approve the request. Mr. Gecker called for public comment. There being no one else to speak to the request, the public hearing was closed. Ms. Coyner noted most business owners and residents of the senior living facility located within Chester Village Green signed a petition in favor of the case. She yielded her rebuttal time to Mr. George Emerson. Mr. George Emerson, developer of the site, stated the proposed building will be the completion of Chester Village Green and is the only reason he has purchased the property. He further stated if the Board decided to not approve the zoning request he will continue to build a nice building on site that will cost $7 million dollars to complete; however, it will not be of the quality desired. He stated he has already invested in the development by converting a leasing office into a fitness center within Chester Village Green and plans to add a $200,000 pool to accommodate residents. He urged the Board to approve his request. In response to Ms. Jaeckle's question, Mr. Ramsey stated language relative to impact on schools was provided by the Schools' administration. Dr. Cynthia Richardson, Director of Planning at Chesterfield County Public Schools, stated the trailer count at Thomas Dale High School was included to provide capacity information comparable to other area school facilities. J J J 12-678 11/28/12 Ms. Jaeckle expressed concerns relative to school trailers giving the impression that schools are overcrowded. In response to Mr. Warren's question, Dr. Richardson stated there has not been an increase in the numbers of school children countywide. She further stated there may need to be redistricting or adjustments made to provide for additional space due to overcrowding. Ms. Jaeckle expressed concerns to Mr. Turner relative to property parking requirements. She stated the proposal will complete the village area and will make an excellent quality project. She further stated the developer is willing to adhere to certain architectural standards and include a commercial component on the ground floor. She stated because the site is an infill area, all the infrastructure is already in place. She recommended approval without cash proffers. Ms. Jaeckle made a motion for the Board to approve Case 12SN0225, subject to the conditions and acceptance of the proffered conditions. Ms. Jaeckle's motion died for lack of a second. Ms. Jaeckle stated Emerson Companies was not interested in deferring the project. Mr. Mincks stated there needs to be an affirmative motion to dispose of the case or defer it to a later time. He further stated without a motion, the case will be brought back before the Board. In response to Mr. Warren's question, Mr. Turner stated there are two levels of impacts. He further stated in order to develop a site there are certain extensions and improvements to the infrastructure that are required to make the site buildable. He stated the developer of the site can yield impacts across the county's ability to provide facilities and services. He further stated the extension of the infrastructure that the original developer made to make the site buildable was an entirely different matter than the impacts that are seen in terms of providing services to meet the needs of the people that live within the project. In response to Mr. Warren's question regarding cash proffers involved in the original case, Mr. Carmody stated there are other costs associated with development that are not part of the cash proffer methodology. He further stated he could validate the amount of the proffers on the original case at a later time. Mr. Elswick stated he is not willing to move forward with the elimination of proffers in this case until the county's cash proffer policy has been addressed. Ms. Jaeckle stated there are many reasons within our policy that the proposed case could still fit enough criteria within the county's proffer policy. Mr. Holland stated he remains committed to affordable housing within the county. He further stated he was very seriously considering the request; however the idea of revitalization 12-679 11/28/12 was not maintained. He stated all cases should be handled in a fair and balanced basis until a proffer policy is in place that works for everyone. Mr. Mincks stated the staff report makes it fairly clear that the issue is whether or not the development is dealing with the impacts on public facilities. Discussion ensued relative to the possibility of a contrary motion. Mr. Holland stated he is not willing to defer the case. Mr. Gecker made a motion, seconded by Mr. Holland, for the Board to deny Case 12SN0225. Ayes: Gecker, Warren, Holland and Elswick. Nays: Jaeckle. 20. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED MATTERS There were no requests to address the Board at this time. 21. ADJOURNMENT On motion of Mr. Holland, seconded by Mr. Warren, the Board adjourned at 8:14 p.m. until December 12, 2012 at 3:00 p.m. Ayes: Gecker, Jaeckle, Warren, Holland and Elswick. Nays: None. mes ~J Ste ier Count Administrator ~~ a--~- Daniel A. Gecker Chairman J J J 12-680 11/28/12