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2012-12-12 MinutesBOARD OF SUPERVISORS MINUTES December 12, 2012 Supervisors in Attendance: Staff in Attendance: Mr. Daniel A. Gecker, Chairman Mr. Mike Bacile, Dir., Ms Doroth A J k . y . aec le, 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 Ms. Debbie Burcham, Exec. Dir., Community Services Board Mr. Allan Carmody, Dir., Budget and Management Ms. Jana Carter, Dir., Juvenile Services Mr. Barry Condrey, Chief Information Officer Mr. Richard Cordle, Treasurer Mr. Roy Covington, Dir., Utilities Ms. Mary Ann Curtin, Dir., Intergovtl. Relations Mr. William W. Davenport, Commonwealth's Attorney 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. Michael Golden, Dir., Parks and Recreation Mr. Donald Kappel, Dir., Public Affairs Mr. Rob Key, Director, General Services Mr. ,Louis Lassiter, Asst. County Administrator ~"' Mr. Michael Likins, Coop. Extension Director Mr. Mike Mabe, Director, Libraries Ms. Mary Martin Selby, Dir., Human Resource Services 12-681 12/12/12 Mr. R. John McCracken, Dir., Transportation Mr. Richard M. McElfish, Dir., Env. Engineering Mr. Jeffrey L. Mincks, County Attorney Ms. Karen F. Russell, Risk Manager 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. Mike Westfall, Dir., Internal Audit Mr. Scott Zaremba, Dir., Human Resource Programs Mr. Gecker called the regularly scheduled meeting to order at 2:59 p.m. 1. APPROVAL OF MINUTES FOR NOVEMBER 28, 2012 On motion of Ms. Jaeckle, seconded by Mr. Warren, the Board approved the minutes of November 28, 2012, as submitted. Ayes: Gecker, Jaeckle, Warren, Holland and Elswick. Nays: None. 2. COUNTY ADMINISTRATOR'S COMMENTS 2.A. COUNTY ADMINISTRATOR'S REPORT Mr. Derrick Honie presented the county with two awards on behalf of the Center for Digital Government: one for placing 5th in the nation for Best of the Web for Internet portals; and the other for placing 5th in the Digital Counties Survey. Mr. Stegmaier expressed his appreciation to Mr. Honie for the awards and stated it is important for Chesterfield to be recognized as a customer focused organization. Mr. Gecker stated the Board has tried very hard to recognize the importance of being transparent to the county's citizens. He expressed his appreciation to Mr. Barry Condrey and his staff for their efforts. Mr. Condrey recognized IST (Information Software Technology) staff for their contributions. Mr. Larry Land, Director of Policy Development from the Virginia Association of Counties (VACo), presented the county with the Go Green Award, recognizing its efforts in environmental policies and actions to reduce carbon emissions. 12-682 12/12/12 Mr. Stegmaier expressed his appreciation to Mr. Land for the award. He stated saving energy increases the value that the citizens receive in terms of county services. He thanked Mr. Rob Key and General Services staff for leading the effort. Mr. Gecker stated the county has incorporated the idea of environmental stewardship into the day-to-day lives of the community. He expressed his appreciation for the award and recognition. Mr. Rob Key stated all county departments made the award possible. He further, stated the award is the result of everyday important decisions made by staff for the betterment of the community. • Mr. Stegmaier was pleased to report that Sports Backers notified Chesterfield County last week that the county is officially `Active RVA' certified. He stated the certification provides recognition in the community for schools, governments and companies that are doing the best job of encouraging physically active lifestyles. He noted the county will be recognized for this achievement at a ceremony on Tuesday, February 12, 2013. • Mr. Stegmaier announced that yesterday at the Ettrick Train Station the county hosted a Whistle Stop Train event to celebrate the new Amtrak Virginia service connecting Norfolk to Amtrak's Northeast Corridor. He stated the event was presented by the Virginia Department of Rail and Public Transportation, Amtrak, Norfolk Southern Railway and CSX, in cooperation with various federal, state and local officials. He further stated the event was a big success and many partners assisted the county. Mr. Elswick stated he was very pleased with the Whistle Stop Train event. Mr. Holland commended staff for their efforts which made the event possible. Ms. Jaeckle expressed her appreciation to those involved in the process and stated the Ettrick Train Station looked wonderful. 2.B. MULTICULTURAL ADVISORY COMMISSION ANNUAL REPORT PRESENTATION Ms. Lee Brazzell, Chair of the Chesterfield County Multicultural Advisory Commission, presented the Board with an annual report from the Commission. She stated the Commission and four subcommittees have met throughout the year working on restructuring the mission, vision and goals of the Commission and developing a strategic planning document for guidance. She reviewed accomplishments, key initiatives and next steps of the Multicultural Advisory Commission. Mr. Gecker expressed appreciation to Ms. Brazzell for her informative update. 12-683 12/12/12 WHEREAS, the church's outreach programs, like its physical site, have grown throughout the years since the church's founding; and WHEREAS, the church's Missions Garden is helping to feed men residing at the Good Samaritan Shelter; and WHEREAS, these men are receiving shelter and employment from Good Samaritan while recovering from addictions; and WHEREAS, Mr. Joe Gillette, Mr. Paul Martin and Mr. Morris Knight oversee most of the work in the church's garden; and WHEREAS, this year, Providence United Methodist Church's Missions Garden produced 150 pounds of squash, 150 pounds of cucumbers, 100 pounds of potatoes, 125 ears of corn, 70 pounds of string beans and 8 pounds of radishes; and WHEREAS, during the growing season, the Missions Garden provided regular deliveries of fresh produce to the shelter to help feed the residents there; and WHEREAS, Chesterfield County values the many civic contributions that churches such as Providence United Methodist Church make to quality of life for all residents of Chesterfield County. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 12th day of December 2012, on behalf of all Chesterfield County residents, extends appreciation and best wishes to the congregation of Providence United Methodist Church for its Missions Garden outreach program. AND, BE IT FURTHER RESOLVED that a copy of this resolution be provided to Mr. Joe Gillette, Mr. Paul Martin and Mr. Morris Knight, 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 and Mr. Holland presented the executed resolution to Mr. Martin and Mr. Gillette and expressed their appreciation for their contributions to the residents of Chesterfield County. Mr. Gillette and Mr. Martin thanked the Board for the special recognition. 6. WORK SESSIONS 6.A. WATER QUALITY MANDATES Mr. McElfish reviewed mandates for water quality from the state and federal levels and discussed their impacts on the FY2014 Budget and Capital Improvement Program. He stated over the next ten years, two storm water programs - one state and one federal - will have significant impacts on Chesterfield's budget, services and citizens. He further stated the Chesapeake Bay has a long history of water quality issues, and numerous strategies have been deployed with limited success. He stated both mandates require decisions in the short-term with lasting implications. He further stated the purpose of the changes is to reduce nitrogen, phosphorous and sediments that enter waters locally and are transported to J J 12-686 12/12/12 the Bay. He stated the state mandated local Virginia Stormwater Management Program, with more stringent quality requirements, will begin July 1, 2014, and the federal mandate will be enforced through the county's M54 permit. He further stated to meet mandatory deadlines, additional funding for personnel and associated operations are needed in FY2014 and beyond. He noted Board action will be needed in order to fund VSMP operations and Chesapeake Bay Total Maximum Daily Load (TMDL) investments. In response to Mr. Elswick's questions, Mr. McElfish stated an additional three to six employees will be required in the current fiscal. year to implement the new stormwater regulations and the VSMP. He further stated the $250 million is an estimate, but implementing the changes, making the necessary facility improvements and maintaining the equipment, will be costly. In regards to the 28 percent remittance to the state of the base fee, he stated a percentage will go towards continuous training, upkeep of the BMP clearing house. In response to Ms. Jaeckle's concerns, Mr. McElfish stated the previous strategies deployed were thought to be successful by regulating from the fall line to the east, not taking into account the rest of the watershed. Mr. Gecker stated the policy is exceedingly expensive and does not take into account the difference between urban and suburban areas and other factors. Mr. McElfish stated the county will need to create a Chesapeake Bay Action Plan and hire a consultant to evaluate what the county is already doing, such as using BMPs or letting grass grow in certain park areas. Mr. Warren stated Chesterfield has always been a leader in the area of environmental protection. He expressed concerns relative to the cost of implementing another massive plan. Mr. McElfish stated many localities are concerned with both mandates to some extent. In response to Mr. Holland's questions, Mr. McElfish stated surveys were conducted relative to cost to implement various programs at the local level. He further stated fees that will be applied will be drastically higher than the current VSMP fee. He stated the development community has been involved in lowering pounds per acre runoff. Mr. Holland stated he remains cautious to adding costs and hopes a reasonable approach can be executed to minimize the costs to the county moving forward. Mr. McElfish stated both state and federal inspections will be conducted every five years to maintain program compliance. Mr. Holland stressed the importance of communication between the state and federal level relative to incurring significant capital costs and operational costs. Mr. Larry Land, Director of Policy Development from the Virginia Association of Counties (VACo), stated stormwater management regulations has been an ongoing issue. He further stated within the legislative program there is a position that does support giving greater degree of study to the fee structure. He stated the seventy-two to twenty-eight split is something that needs to be evaluated, as well as other important components of the program. He further stated the 12-687 12/12/12 distribution of revenues in the rewrite of the stormwater management law was not changed. In response to Mr. Gecker's question, Mr. Land stated there are a lot of unknowns relative to achieving the desired result. He further stated most of the provided information is based upon computer modeling that has been developed over the last few years and there have been questions to the accuracy of that model. He stated as localities have gone through the process of comparing information in the model to actual on- the-ground realities, discrepancies have been found. Mr. Holland suggested quantifying operational and capital costs and looking at various localities that are impacted in Virginia before making a reasonable decision. Mr. Land stated some criticism VACo faced regarding the approach to the stormwater management legislation as the General Assembly considered it, were concerns that a fiscal impact analysis was not completed in order for the idea to proceed. In response to Ms. Jaeckle's question, Mr. Land stated he is not aware of any attempts by the state to receive cost information from the Environmental Protection Agency. He further stated he is not satisfied with the federal level that there is the concern about local fiscal impacts. He noted it is important that localities communicate the problems they face with the implementation of the program. 7. DEFERRED ITEMS There were no Deferred Items at this time. 8. NEW BUSINESS 8.A. APPOINTMENTS On motion of Mr. Holland, seconded by Mr. Warren, the Board suspended its rules at this time to allow for simultaneous nomination/appointment/reappointment to the Sustain Our Communities Committee, Community Services Board and Community Policy and Management Team. Ayes: Gecker, Jaeckle, Warren, Holland and Elswick. Nays: None. 8.A.1. SUSTAIN OUR COMMUNITIES COMMITTEE On motion of Mr. Holland, seconded by Ms. Jaeckle, the Board simultaneously nominated/appointed/reappointed Mr. Kevin McNulty, Ms. Della Stancil, Mr. Ben Thorp, Ms. Cassie R. Craze, Mr. Jordan Hutchins, Mr. John C. Miller and Mr. David A. Oliphant to the Sustain Our Communities Committee, whose terms are effective January 1, 2013 and expire December 31, 2016. Ayes: Gecker, Jaeckle, warren, Holland and Elswick. Nays: None. J J J 12-688 12/12/12 8.A.2. COMMUNITY SERVICES BOARD On motion of Mr. Holland, seconded by Ms. Jaeckle, the Board simultaneously nominated/reappointed Mr. F. Gibbons Sloan, III and Mr. Vincent Burgess as members of the Community Services Board, whose terms are effective January 1, 2013 and expire December 31, 2015. Ayes: Gecker, Jaeckle, Warren, Holland and Elswick. Nays: None. 8.A.3. COMMUNITY POLICY AND MANAGEMENT TEAM On motion of Mr. Holland, seconded by Ms. Jaeckle, the Board simultaneously nominated/appointed Mr. Doug Bilski and Ms. Joanna Enoch as members of the Community Policy and Management Team, whose terms are effective January 1, 2013 and expire December 31, 2015. Ayes: Gecker, Jaeckle, Warren, Holland and Elswick. Nays: None. 8.B. CONSENT ITEMS 8.B.1. ADOPTION OF RESOLUTIONS RECOGNIZING COUNTY EMPLOYEES UPON THEIR RETIREMENT 8.B.l.a. DEPUTY FIRE MARSHAL FRANCIS J. KINNIER, JR., FIRE AND EMERGENCY MEDICAL SERVICES DEPARTMENT On motion of Ms. Jaeckle, seconded by Mr. Warren, the Board adopted the following resolution: WHEREAS, Deputy Fire Marshal Francis J. Kinnier, Jr. retired from Chesterfield Fire and Emergency Medical Services Department, Chesterfield County, on December 1, 2012; and WHEREAS, Deputy Fire Marshal Kinnier began his service with Chesterfield County in June 1984 as a Plans Review Technician in the Fire Prevention Bureau of the Chesterfield Fire Department; and WHEREAS, Deputy Fire Marshal Kinnier has positively impacted fire safety for the residents and visitors of Chesterfield County by his early efforts at requiring fire sprinklers in multi-family housing; and WHEREAS, Deputy Fire Marshal Kinnier served as a dedicated member of the county's Site Plan Team; and WHEREAS, Deputy Fire Marshal Kinnier has been a leader in the fire code and plans review community with his service representing Chesterfield County on the National Certification Program for Construction Code Inspectors that develops testing examinations for fire protection plans examiners and fire protection specialists; and WHEREAS, Deputy Fire Marshal Kinnier served as a member of the Board of Directors for the Safe Building Correlating Council to improve building construction as a result of the September 11, 2001, attacks on the World Trade Center towers; and 12-689 12/12/12 WHEREAS, Deputy Fire Marshal Kinnier served on the Environmental Protection Agency's Congress for New Urbanism Smart Growth and Emergency Response Advisory Committee that developed recommendations for fire protection features in non-traditional urban developments; and WHEREAS, Deputy Fire Marshal Kinnier developed and managed two projects that received National Association of Counties Awards in 2005 and 2007; and WHEREAS, Deputy Fire Marshal Kinnier served as a minimum staffing firefighter/Emergency Medical Technician for Chesterfield Fire and Emergency Medical Services between 1986 and 1991. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes the contributions of Deputy Fire Marshal Francis J. Kinnier, Jr., expresses the appreciation of all residents for his service to the county, and extends appreciation for his dedicated service and congratulations upon his retirement. Ayes: Gecker, Jaeckle, Warren, Holland and Elswick. Nays: None. 8.B.l.b. MRS. JULIA A. WALLENBERG, SHERIFF'S OFFICE On motion of Ms. Jaeckle, seconded by Mr. Warren, the Board adopted the following resolution: WHEREAS, in October 1996, Mrs. Julia A. Wallenberg joined the Chesterfield County Sheriff's Office as a part- time Senior Office Assistant and faithfully served Sheriff Clarence G. Williams, Jr. and current Sheriff, Dennis S. Proffitt; and WHEREAS, in December 1997, Mrs. Wallenberg was promoted to full-time status by virtue of her strong job performance; and WHEREAS, Mrs. Wallenberg was selected as Employee of the Quarter in October 1998 and March 2000; and WHEREAS, Mrs. Wallenberg was selected as Sheriff's Office Employee of the Year for 2000; and WHEREAS, in July 2000, the state Compensation Board created a new position for every Sheriff's Office operating a jail facility dedicated to management of the Local Inmate Data System, LIDS; and WHEREAS, in August 2000, Mrs. Wallenberg was promoted to LIDS Technician, where she worked until retirement utilizing her knowledge, skills and abilities to ensure the proper classification of inmates entrusted to the Sheriff's custody; and WHEREAS, Mrs. Wallenberg's superior job performance led to the Classification Unit receiving five consecutive "exceptional" ratings as part of regular state Compensation Board LIDS audits; and J J J 12-690 12/12/12 WHEREAS, due to Mrs. Wallenberg's expertise, LIDS technicians from throughout the state were sent to train with her; and WHEREAS, Mrs. Wallenberg received numerous letters of commendation and appreciation in recognition of her job performance . NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes the outstanding contributions of Mrs. Julia A. Wallenberg, expresses the appreciation of all residents for her service to Chesterfield County, and extends appreciation for her dedicated service to the county and congratulations upon her retirement, as well as best wishes for a long and happy retirement. Ayes: Gecker, Jaeckle, Warren, Holland and Elswick. Nays: None. 8.B.l.c. LIEUTENANT COLONEL BARRY N. WOODY, SHERIFF'S OFFICE On motion of Ms. Jaeckle, seconded by Mr. Warren, the Board adopted the following resolution: WHEREAS, Mr. Barry N. Woody began his public safety career in 1969, serving both the Richmond City Bureau of Police and the Richmond City Sheriff's Office; and WHEREAS, in April 1991, Mr. Woody accepted an opportunity to advance his public safety career by joining the Chesterfield County Sheriff's Office as a Sergeant; and WHEREAS, Mr. Woody faithfully served under past Sheriff Clarence G. Williams, Jr. and current Sheriff Dennis S. Proffitt; and WHEREAS, Sergeant Woody initiated the first Internal Affairs Unit in the Chesterfield County Sheriff's Office for handling investigations and complaints; and WHEREAS, in December 1992, Sergeant Woody was promoted to Lieutenant assigned to the Internal Affairs Unit; and WHEREAS, Lieutenant Woody initiated the first Capias letter mailing program to notify wanted individuals about turning themselves in, resulting in monetary savings for the county as well as increases in the number of cleared Capias papers; and WHEREAS, in December 1993, Lieutenant Woody was promoted to Major and assigned as the Jail Administrator; and WHEREAS, Major Woody has demonstrated his commitment to the progress of the criminal justice system in Chesterfield County by participating on the Chesterfield/Colonial Heights Community Criminal Justice Board during the creation and implementation of various initiatives such as the Day Reporting Center, Adult/Juvenile Drug Court, Video Arraignment, opening of the new Juvenile and Domestic Relations Courthouse and the Fatality Review Committee; and WHEREAS, in July 2007, Major Woody was promoted to Chief 12-691 12/12/12 Deputy and was assigned to the Operation Division overseeing jail and courts operations; and WHEREAS, in November 2008, Chief Deputy Woody was promoted to Lieutenant Colonel assigned to Operations; and WHEREAS, Lieutenant Colonel Woody has been assigned to all Sheriff's Office command positions during his twenty-one years of service, including Jail Administrator, Courts Commander and Support Services Commander. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes the outstanding contributions of Lieutenant Colonel Barry N. woody, expresses the appreciation of all the residents for his service to Chesterfield County, and extends appreciation for his dedicated service to the county and congratulations upon his retirement, as well as best wishes for a long and happy retirement. Ayes: Gecker, Jaeckle, Warren, Holland and Elswick. Nays: None. 8.B.l.d. LIEUTENANT CAROL A. WOODY, SHERIFF'S OFFICE On motion of Ms. Jaeckle, seconded by Mr. Warren, the Board adopted the following resolution: WHEREAS, on October 24, 1994, Mrs. Carol A. Woody joined the Chesterfield County Sheriff's Office as a deputy and faithfully served former Sheriff Clarence G. Williams, Jr. and current Sheriff, Dennis S. Proffitt; and WHEREAS, Deputy woody received "Commendable Achievement" recognition for job performance while a deputy assigned to the jail evening shift; and WHEREAS, Deputy Woody was promoted to Sergeant and assigned to Circuit Court Security on August 3, 1996, becoming the first female Sergeant assigned to court security in the history of the Chesterfield Sheriff's Office; and WHEREAS, Sergeant Woody received a commendation for job performance in organizing and supervising operations for multiple sequestered juries and for developing forms and procedures for handling sequestered juries; and WHEREAS, Sergeant Woody was promoted to Lieutenant on August 6, 1998, and assigned to Support Services as Human Resource Officer for the Sheriff's Office; and WHEREAS, Lieutenant Woody was the first female lieutenant in the history of the Chesterfield Sheriff's Office; and WHEREAS, Lieutenant Woody was the first lieutenant assigned to the newly constructed and opened Juvenile Domestic Relations Courthouse in May 2000; and WHEREAS, Lieutenant Woody received commendation for job performance for ensuring an orderly transition into the new Juvenile and Domestic Relations Courthouse, to include J J J 12-692 12/12/12 establishing standard operating procedures for court security, inmate holding and inmate transportation; and WHEREAS, Lieutenant Woody is a Charter Member of Chesterfield County's "First Choice" Toastmasters chapter; and WHEREAS, Lieutenant Woody led efforts to ensure the safety and security of Chesterfield County citizens and employees by developing building evacuation maps for both Courthouse facilities; and WHEREAS, through the years, Lieutenant Woody has supported Chesterfield County, the Sheriff's Office and county citizens through participation in numerous committees such as the Jail ways and Means Committee, Shop With A Cop, Special Olympics, Inmate Outreach, Model County Government Day, Shop Talk Newsletter Committee, MS Challenge, Heart Walk and the Fatality Review Committee. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes the outstanding contributions of Lieutenant Carol A. Woody, expresses the appreciation of all residents for her service to Chesterfield County, and extends appreciation for her dedicated service to the county and congratulations upon her retirement, as well as best wishes for a long and happy retirement. Ayes: Gecker, Jaeckle, Warren, Holland and Elswick. Nays: None. 8.B.l.e. MS. DOROTHY CLINKSCALES, DEPARTMENT OF MENTAL HEALTH SUPPORT SERVICES On motion of Ms. Jaeckle, seconded by Mr. Warren, the Board adopted the following resolution: WHEREAS, Ms. Dorothy Clinkscales will retire on December 31, 2012, after providing more than 23 years of dedicated and faithful service to the citizens of Chesterfield County; and WHEREAS, Ms. Clinkscales began her career with the Chesterfield County Department of Mental Health Support Services in the Residential Services Division on November 19, 1989, as a Residential Supervisor; and WHEREAS, in 1998, Ms. Clinkscales was integral in developing a center based Day Support Service, where she served as Services Supervisor from 1998 until her retirement; and WHEREAS, Ms. Clinkscales served as a member of the Supervisory Leadership Team for Services Supervisors and was a member of many of the work teams within Intellectual Disabilities Day Support Services and Mental Health Support Services, including the Red Cross and American Heart instructors team, and the Day Support Health and Safety Committee; and WHEREAS, Ms. Clinkscales was directly responsible for accountability in the billing of services, and the oversight of clinical documentation of services for the program; and 12-693 12/12/12 WHEREAS, Ms. Clinkscales directly provided supervisory and leadership to the Program Supervisors and the Consumer Service Representatives staff for Day Support Services; and WHEREAS, through her professional leadership, Ms. Clinkscales was responsible for numerous Day Support personnel being professionally trained in the clinical aspects of treatment planning, programming, documentation of services, and quality care for consumers with intellectual disabilities; and WHEREAS, Ms. Clinkscales collaborated with Program Supervisors to ensure that staff shortages were covered and training needs met; and WHEREAS, Ms. Clinkscales served on the Parent Quality Council for Day Support; and WHEREAS, Ms. Clinkscales served on the Inter-agency Risk Management Committee, and was an active member of the Richmond Wide-Day Focus Committee, as well as the Logisticare Council; and WHEREAS, Ms. Clinkscales was an integral member of the work team that was the recipient of the National Association of Counties Achievement Award in 2001 for the Best Choice Program in Program Design; and WHEREAS, Ms. Clinkscales was a major contributor to the curriculum planning and development team for the promotion of the Winchester Green site in 2006; and WHEREAS, Ms. Clinkscales was the recipient of three county certificates of achievement, including the Quality Generalist, Quality Specialist, and Quality Manager, and she is also the proud graduate of the county's Total Quality Improvement certificate and credentialing from the Chesterfield University Center for Organizational Excellence; and WHEREAS, Ms. Clinkscales performed as an internal program trainer for Direct Support Professionals, and implemented an Internal Audit Review process for the Day Program; and WHEREAS, Ms. Clinkscales achieved the status of a CARF Accredited auditor in 2009; and WHEREAS, Ms. Clinkscales successfully wrote and was awarded four grants for vehicles for the Day Support Program through the Department of Rail and Public Transportation to aid in safe and accommodating transportation for individuals served; and WHEREAS, Ms. Clinkscales coordinated the effort for several provider fairs for the Day Support services; and WHEREAS, in completion of her services with Chesterfield Mental Health Support Services, Ms. Clinkscales had dedicated a total of 38 years of employment in the Commonwealth of Virginia to serving the needs of individuals with intellectual disabilities. 12-694 J J 12/12/12 NOW, THEREFORE, BE IT County Board of Supervisors Ms. Dorothy Clinkscales, and years of dedicated service upon her retirement, and prosperous retirement. RESOLVED that the Chesterfield recognizes the contributions of extends appreciation for her 23 to the county, congratulations best wishes for a long and Ayes: Gecker, Jaeckle, Warren, Holland and Elswick. Nays: None. 8.B.l.f. SERGEANT WILLIAM H. MORGAN, POLICE DEPARTMENT On motion of Ms. Jaeckle, seconded by Mr. Warren, the Board adopted the following resolution: WHEREAS, Sergeant William H. Morgan will retire from the Chesterfield County Police Department on January 1, 2013, after providing more than 27 years of dedicated and professional service to the citizens of Chesterfield County; and WHEREAS, Sergeant Morgan has faithfully served the county in the capacity of Patrol Officer, Detective, Detective First Class, Senior Police Officer and Sergeant; and WHEREAS, during his tenure, Sergeant Morgan has served as a Field Training Officer, Evidence Technician, Alcohol Breathalyzer Operator, Marine Patrol Officer, High Intensity Patrol Unit member, Peer Counselor, Administrative Sergeant, FTO Sergeant and Training Sergeant; and WHEREAS, Sergeant Morgan was the recipient of a Life Saving Award for his actions in February 2000, performing chest compressions for an extended period of time on a person who was not breathing and had no pulse; due to his efforts, paramedics were able to concentrate on the procedures needed to give the patient the best chance of survival, and Sergeant Morgan is credited with making it possible for the patient to survive; and WHEREAS, Sergeant Morgan participated as a supervisor and as a team member in numerous drug surveillances and the execution of search warrants, leading to the seizure of drugs, thousands of dollars, and the arrest of subjects involved in the distribution of illegal drugs in Chesterfield County and surrounding jurisdictions; and WHEREAS, Sergeant Morgan received a Unit Citation Award while serving as supervisor for the Vice and Narcotics Unit for conducting a large drug investigation during 2003, and the Unit worked with Circuit Court Judges and Commonwealth's Attorneys to conduct numerous arrests, resulting in one of the largest methamphetamine seizures in the history of the Chesterfield County Police Department; and WHEREAS, Sergeant Morgan was commended for his actions in the apprehension of a homicide suspect wanted by the Richmond Police Department; once notified that the two suspects were last seen running toward Chesterfield, Officer Morgan and his fellow officer conducted an extensive search 12-695 12/12/12 on foot, questioned citizens and obtained information about the possible identity and last known location on one of the suspects, and Officer Morgan was able to track the suspect's footprints at the location and found him hiding in bushes; due to Officer Morgan's professionalism and dedication, the suspect was arrested, turned over to the Richmond Detectives and subsequently charged with the homicide; and WHEREAS, Sergeant Morgan was recognized for his outstanding efforts in coordinating the successful "Operation Rock Slide" undercover operation, resulting in the seizure of illegal narcotics and assets for forfeiture and 123 criminal indictments on 32 individuals; and WHEREAS, Sergeant Morgan is recognized for his professional attitude, teamwork, and communications and human relations skills, which he has utilized within the Police Department and in assisting citizens of Chesterfield County; and WHEREAS, Sergeant Morgan has received numerous letters of commendation, thanks and appreciation during his career from the citizens of Chesterfield County for service rendered; and WHEREAS, Sergeant Morgan has provided the Chesterfield County Police Department with many years of loyal and dedicated service and consistently served as an outstanding role model during his career; and WHEREAS, Chesterfield County and the Board of Supervisors will miss Sergeant Morgan's diligent service. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes Sergeant William H. Morgan, 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.B.2. SET DATE FOR PUBLIC HEARING TO CONSIDER AMENDMENTS TO THE COUNTY CODE AND ADOPTION OF POLICY REGULATING ALTERNATIVE FINANCIAL INSTITUTIONS On motion of Ms. Jaeckle, seconded by Mr. Warren, the Board set January 9, 2013, as the date for a public hearing to consider amendments to the County Code and adoption of a policy regulating alternative financial institutions. Ayes: Gecker, Jaeckle, Warren, Holland and Elswick. Nays: None. J J J 12-696 12 /12 /12 8.B.3. APPROVAL OF RECEIPT AND APPROPRIATION OF THE 2012 STATE HOMELAND SECURITY GRANT FUNDS FROM THE DEPARTMENT OF HOMELAND SECURITY TO MANAGE A REGIONAL PROJECT FOR THE CENTRAL VIRGINIA ALL-HAZARDS INCIDENT MANAGEMENT TEAM On motion of Ms. Jaeckle, seconded by Mr. Warren, the Board authorized the Fire and EMS Department to receive and appropriate $60,000 in grant funds from the Department of Homeland Security for training expenses and operational support associated with the management of the Central Virginia All-Hazards Incident Management Team. Ayes: Gecker, Jaeckle, Warren, Holland and Elswick. Nays: None. 8.B.4. ACCEPTANCE AND APPROPRIATION OF FUNDS FROM VIRGINIA STATE UNIVERSITY AND APPROVAL OF A CONSTRUCTION CONTRACT FOR THE VIRGINIA STATE UNIVERSITY PHASE 1 MASTER UTILITY PLAN CONVERSION TO CHESTERFIELD COUNTY WATER On motion of Ms. Jaeckle, seconded by Mr. warren, the Board accepted and appropriated funds in the amount of $197,175 from Virginia State University; awarded a construction contract to Lyttle Utilities, Inc., in the amount of $197,175; and authorized the County Administrator to execute all necessary documents. Ayes: Gecker, Jaeckle, Warren, Holland and Elswick. Nays: None. 8.B.5. APPROVAL OF CHANGE ORDER NUMBER NINE FOR THE NUTRIENT COMPLIANCE PROJECT AT THE PROCTORS CREEK WASTEWATER TREATMENT PLANT On motion of Ms. Jaeckle, seconded by Mr. Warren, the Board approved Change Order Number Nine for the Nutrient Compliance Project at the Proctors Creek Wastewater Treatment Plant in the amount of $291,227.22 and authorized the County Administrator to execute the necessary documents. Ayes: Gecker, Jaeckle, Warren, Holland and Elswick. Nays: None. 8.B.6. REQUEST TO VACATE AND REDEDICATE A SIXTEEN-FOOT SEWER EASEMENT ACROSS THE PROPERTY OF JACQUES P. GITS On motion of Ms. Jaeckle, seconded by Mr. Warren, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute an agreement to vacate and rededicate a 16' sewer easement across the property of Jacques P. Gits. (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. 12-697 12/12/12 8.B.7. ACCEPTANCE OF A PARCEL OF LAND ALONG HULL STREET ROAD FROM THE VALENTINE GROUP, INCORPORATED On motion of Ms. Jaeckle, seconded by Mr. Warren, the Board accepted the conveyance of a parcel of land containing 0.057 acres along Hull Street Road from The Valentine Group, Inc., and authorized the County Administrator to execute the deed. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Gecker, Jaeckle, Warren, Holland and Elswick. Nays: None. 8.B.8. AUTHORIZE THE AWARD OF A CONSTRUCTION CONTRACT AND CHANGE ORDERS FOR THE CLOVER HILL REVENUE SHARING SIDEWALK PROJECT On motion of Ms. Jaeckle, seconded by Mr. Warren, the Board authorized the award of a construction contract, up to $400,000, to the lowest responsive and responsible bidder and authorized the County Administrator to execute all necessary change orders for the work, up to the full amount budgeted for the Clover Hill Revenue Sharing Sidewalk Project. Ayes: Gecker, Jaeckle, Warren, Holland and Elswick. Nays: None. 8.B.9. REQUEST TO SUBORDINATE A DEED OF TRUST FOR A COMMUNITY DEVELOPMENT BLOCK GRANT LOAN FOR CRYSTAL Y. FORDHAM On motion of Ms. Jaeckle, seconded by Mr. Warren, the Board authorized the County Administrator to sign all documents necessary to subordinate Crystal Y. Fordham's Community Development Block Grant loan to a loan from Sun Trust Bank. 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 Ms. Jaeckle, seconded by Mr. Elswick, the Board accepted the following report: a Report on Status of General Fund Balance, Reserve for Future Capital Projects, District Improvement Funds and Lease Purchases. Ayes: Gecker, Jaeckle, Warren, Holland and Elswick Nays: None. 10. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED MATTERS There were no requests to address the Board at this time. J J J 12-698 12/12/12 11. CLOSED SESSION PURSUANT TO SECTIONS 2.2-3711(A)(6) AND 2.2-3711(A)(7), CODE OF VIRGINIA, 1950, AS AMENDED, FOR DISCUSSION OF LEGAL ISSUES AND THE POSSIBLE INVESTMENT OF PUBLIC FUNDS WHERE BARGAINING IS INVOLVED, RELATING TO THE LOWER MAGNOLIA GREEN COMMUNITY DEVELOPMENT AUTHORITY On motion of Mr. Elswick, seconded by Mr. warren, the Board went into closed session pursuant to Section 2.2-3711(A)(6) and 2.2-3711(A)(7), Code of Virginia, 1950, as amended, for discussion of legal issues and the possible investment of public funds where bargaining is involved, relating to the lower Magnolia Green Community Development Authority. 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 On motion of Mr. Holland, seconded by Mr. Warren, the Board recessed to Room 502, for dinner. Ayes: Gecker, Jaeckle, Warren, Holland and Elswick. Nays: None. Reconvening: 12-699 12/12/12 13. INVOCATION Dr. Sheryl Bailey, Deputy County Administrator, gave the invocation. 14. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Colonel Thierry Dupuis, Chief of Police, led the Pledge of Allegiance. 15. RESOLUTIONS 15.A. RECOGNIZING JANUARY 2013 AS "CRIME SOLVERS MONTH IN CHESTERFIELD COUNTY Colonel Dupuis recognized members of the Crime Solvers program, who were present to receive the resolution. On motion of Mr. Holland, seconded by Mr. Elswick, the Board adopted the following resolution: WHEREAS, Chesterfield County/Colonial Heights Crime Solvers is a non-profit organization that enables citizens to assist law-enforcement agencies by submitting anonymous tips; and WHEREAS, the Chesterfield-Colonial Heights Crime Solvers program began in 1984 to provide the public with an anonymous method of providing information to assist law-enforcement agencies in preventing and solving crimes; and WHEREAS, callers may contact the Crime Solvers Hot Line at 748-0660 24-hours-a-day, 365 days a year, or use one of two electronic means to provide vital information; and WHEREAS, Crime Solvers provides multi-lingual services in order to reach an increasingly diverse population; and WHEREAS, tips can lead to cash awards up to $1,000; and WHEREAS, Crime Solvers allows callers to maintain their anonymity because they receive code numbers that identify them, rather than using their names; and WHEREAS, since its inception, the Crime Solvers program has received more than 22,300 tips; and WHEREAS, information provided to Crime Solvers over the years has led to Police solving more than 6,795 crimes; and WHEREAS, Police have recovered nearly $2 million worth of stolen property; and WHEREAS, additionally, Police have recovered more than $998,000 in illegal drugs and narcotics; and WHEREAS, Crime Solvers has paid out more than $507,000 in more than 8,400 rewards for information relating to crimes in Chesterfield County and the City of Colonial Heights; and J J J 12-700 12/12/12 WHEREAS, Crime Solvers is wholly funded by donations from private citizens, corporations, civic and social groups, and professional associations, and receives no funding from tax dollars; and WHEREAS, this exemplary crime-fighting program has had an extremely positive effect in the fight against crime in Chesterfield County and Colonial Heights. NOW, THEREFORE, BE IT RESOLVED, that the Chesterfield County Board of Supervisors, this 12th day of December 2012, extends, on behalf of all residents and business operators of Chesterfield County and the City of Colonial Heights, sincere appreciation to Chesterfield County/ Colonial Heights Crime Solvers for that organization's outstanding work in preventing and solving crimes, and best wishes for continued success. AND, BE IT FURTHER RESOLVED, that the Chesterfield County Board of Supervisors declares January 2013 to be "Crime Solvers Month" in Chesterfield County, Virginia, and further resolves that a copy of this resolution be presented to the Crime Solvers program, 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 members of the Crime Solvers Board and commended them on their outstanding work in preventing and solving crimes. Members of the Crime Solvers Board expressed their appreciation to the Board for their continued support. 16. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED MATTERS Queen Zabia Shabazz addressed the Board relative to the Healthy Homes Grant awarded to the City of Petersburg and the keeping of small livestock in residential areas, such as chickens, rabbits or ducks. Ms. Jesse Bosher addressed the Board relative to the keeping of small livestock in residential areas. Mr. Freddy Boisseau addressed the Board relative to removing the restriction on the keeping of small livestock in residential areas. 12-701 12 /12 /12 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 In Dale Magisterial District, Ryan Homes requests conditional use approval (renewal of Case lOSN0160) and amendment of zoning district map to permit a model home in a Residential Townhouse (R-TH) District on .1 acre known as 5509 Belle Pond Drive. Density will be controlled by zoning conditions or ordinance standards. The Comprehensive Plan suggests the property is appropriate for medium-high density residential uses of 4.0 to 8.0 dwellings per acre. Tax ID 772-692-4559. Mr. Turner stated the applicant is requesting a 120-day deferral to the April 2013 regularly scheduled meeting. Ms. Kelly Brod, representing the applicant, requested a 120- day deferral to the April 2013 regularly scheduled meeting. Mr. Gecker called for public comment. Ms. Lorie Burnett, Vice-President of the Home Owners Association, stated she accepts the deferral request. There being no one else to speak to the deferral request, the public hearing was closed. Mr. Holland stated he does not support the deferral request. In response to Mr. Holland's question, Ms. Brod stated there was miscommunication between the applicant and Belle Spring Townes development. She further stated a decision was made to defer the case to make alternative arrangements. In response to Mr. Holland's there are fifty homes in the the applicant is currently community covenants. question, Ms. Burnett stated community. She further stated not in compliance with the Ms. Brod stated the applicant was unaware that an application was necessary for conditional use. She further stated the Home Owner's Association is willing to come to an agreement with the applicant. Mr. Holland noted the permit expired last March. He stated he does not support the deferral request because it was denied by the Planning Commission. He further stated he plans to deny the case. Ms. Brod stated the necessary steps were not handled correctly to renew the permit. She further stated she is aware there was opposition at the Planning Commission meeting. Ms. Burnett stated she was unreachable for contact due to travel. She further stated she feels confident an agreement can be reached to accommodate both parties. J J J 12-702 12/12/12 Mr. Holland stated he does not agree with the deferral request. Mr. Holland then made a motion to deny the case. Mr. Holland's motion died due to lack of a second. Discussion ensued relative to the deferral request and the public hearing process. In response to Mr. Warren's question, Ms. Burnett stated the Home Owner's Association is willing to reach an agreement with the applicant. Ms. Jaeckle made an alternative motion, seconded by Mr. Elswick, for the Board to defer Case 13SN0111 to the April 2013 regularly scheduled meeting. Ayes: Gecker, Jaeckle, Warren and Elswick. Nays: Holland. 12SN0217 (Amended) In Bermuda Magisterial District, Cambridge Const. requests rezoning and amendment of zoning district map from Agricultural (A) to Community Business (C-3) and 1.6 acres plus conditional use planned development to permit exceptions to ordinance requirements relative to buffers on this tract and adjacent .8 acre tract zoned Community Business (C-3) on property fronting 863 feet on the east line of Iron Bridge Road, across from Court Yard Road. Density will be controlled by zoning conditions or ordinance standards. The Comprehensive Plan suggests the property is appropriate for community mixed use. Tax IDs 774-657-1196; 774-658-0040 and 0616. Mr. Turner presented a summary of Case 12SN0217 and stated both the Planning Commission and staff recommended approval subject to the condition and acceptance of the proffered conditions. Mr. Bob Schrum, 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 12SN0217, subject to the following condition: The Textual Statement, dated November 14, 2012 shall be considered the master plan for the buffer along the eastern property line of the site. (P) 12-703 12/12/12 And, further, the Board accepted the following proffered conditions: 1. The following uses shall not be permitted: a. Cocktail lounges and nightclubs b. Liquor stores (P) 2. No use shall be open to the public between the hours of 11 p.m. and 6 a.m. (P) 3. In addition to the requirements of the Zoning Ordinance for commercial development in Emerging Growth Areas, all structures shall incorporate Federalist and Colonial architectural design features, similar to those displayed in the Chesterfield Meadows Shopping Center. Detailed renderings depicting these requirements shall be submitted to the Planning Department for approval in conjunction with site plan review. (P) 4. Prior to any site plan approval or within ninety (90) days of a request by the Transportation Department, whichever occurs first, 100 feet of right-of-way along Route 10 immediately adjacent to the property shall be dedicated, free and unrestricted, to and for the benefit of Chesterfield County. (T) 5. Direct vehicular access to Route 10 shall be limited to one (1) entrance/exit located at the southern property line. (T) 6. The developer shall be responsible for the following improvements; a. Construction of an additional (i.e. third) lane of pavement along Route 10 for the entire property frontage, b. Construction of a separate right turn lane along Route 10 at the approved access, c. Construction of a separate right turn lane along Route 10 at State Route 1690. (T) 7. Prior to any site. plan approval, a phasing plan for the improvements identified in Proffered Condition 6 shall be submitted to and approved by the Transportation Department. (T) Ayes: Gecker, Jaeckle, Warren, Holland and Elswick. Nays: None. J J J 12-704 12/12/12 13SN0123 In Matoaca Magisterial District, Utilities Department requests conditional use planned development approval and amendment of zoning district map to permit exceptions to ordinance requirements to permit an above-ground utilities structure (water storage tank) and communication tower use in a Residential (R-9) District on 27.1 acres fronting 2,535 feet on the north line of Hull Street Road, 2, 100 feet west of Magnolia Green Parkway. Density will be controlled by zoning conditions or ordinance standards. The Comprehensive Plan suggests the property is appropriate for community business uses. Tax ID 702-667-Part of 9566. Mr. Turner presented a summary of Case 13SN0123 and stated both the Planning Commission and staff recommended approval subject to the condition and acceptance of the proffered conditions. Mr. Randy Phelps, 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. Elswick made a motion, seconded by Ms. Jaeckle, for the Board to approve Case 13SN0123, subject to the following condition: The Textual Statement last revised October 25, 2012 shall be considered the Master Plan. (P) And, further, the Board accepted the following proffered conditions: 1. All mechanical equipment located on or associated with any building or structure shall be screened from adjacent properties and public rights-of-way in accordance with Emerging Growth District standards. This condition shall not require screening for the tank structure or communications antennas. (P) 2. The water tank shall be secured by a minimum eight (8) foot high gated fence designed to preclude trespassing. (P) 3. There shall be no signs permitted to identify the water tank or communications tower use. (P) 4. The communications tower use shall only be permitted if it is incorporated into the structure of the water storage tank. Equipment and cables shall be mounted so as to minimize their visual impact, and antennas shall be mounted on the top of the tank. (P) 5. The water storage tank shall be white, grey or another neutral color, acceptable to the Planning Department. The communications equipment (antennas, mounting hardware, cables, etc.) mounted on the outside of the water tank structure shall be the same or similar color as the tank. Except for security lighting over the access doors at the base of the tank, the tank and communications equipment shall not be lighted. (P) 12-705 12/12/12 6. At such time as any communications antenna or equipment ceases to be used for a period exceeding twelve (12) consecutive months, the owner/developer of the communications tower use shall dismantle and remove the antennas and all associated equipment from the property. (P) 7. Except for timbering approved by the Virginia State Department of Forestry for the purpose of removing dead or diseased trees, there shall be no timbering on the Property until a land disturbance permit has been obtained from the Environmental Engineering Department, and the approved erosion control devices have been installed. (EE) 8. The above ground utility structure (water tank) and communications tower uses shall be restricted to "Area 1" as shown on Exhibit B. The temporary and future permanent access shall be located within "Area 2." (P, T) Ayes: Gecker, Jaeckle, Warren, Holland and Elswick. Nays: None. 13SN0133 In Bermuda Magisterial District, Electric Power, Inc. requests rezoning and amendment of zoning district map from Light Industrial (I-2) on 6 acres located at 1351 West Hundred Road. Density will be controlled by zoning conditions or ordinance standards. The Comprehensive Plan suggests the property is appropriate for industrial use. Tax ID 807-652- 2669. Mr. Turner presented a summary of Case 13SN0133 and stated both the Planning Commission and staff recommended approval and acceptance of the proffered conditions. Mr. Dean Hawkins 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. Elswick, for the Board to approve Case 13SN0133 and accept the following proffered conditions: 1. Dedication. Prior to any site plan approval or within sixty (60) days of a written request by the Transportation Department, whichever occurs first, one- hundred (100') feet of right-of-way on the south side of West Hundred Road (State Route 10), excluding areas encumbered by the existing septic drain field and/or fire protection vault, as measured from the centerline of Route 10, shall be dedicated free and unrestricted, to and for the benefit of Chesterfield County. (T) J J J 12-706 12/12/12 2. Access. Direct vehicular access from the property to West Hundred Road (State Route 10) shall be limited to one (1) entrance/exit. The exact location of this access shall be approved by the Transportation Department. (T) 3. Road Improvements. In conjunction with the new development or redevelopment on the property, as determined by the Transportation Department, the developer shall construct an additional lane of pavement along the eastbound lanes of west Hundred Road (State Route 10) for the entire property frontage, and dedicate any additional right-of-way (or easements) to Chesterfield County, free and unrestricted, required for this improvement. (T) 4. Wastewater Facilities. Prior to the issuance of any occupancy permits for the development of any new or the redevelopment of any building(s) on the site, connection shall be made to the public wastewater system. (U) Ayes: Gecker, Jaeckle, Warren, Holland and Elswick. Nays: None. 13CW0146 In Bermuda Magisterial District, Henry D. Moore requests an exception to Section 19-232 of the Chesapeake Bay Preservation Act requirements of the Zoning Ordinance to permit encroachment into the Resource Protection Area (RPA) buffer along Piney Branch creek as a result of grading for construction related to buildings, parking and necessary utilities. The property is located at 5709 Carver Heights Drive, which is within the Swift Creek drainage basin. Tax ID 781-650-3083. Mr. Turner presented a summary of Case 13CW0146 and stated both the Planning Commission and staff recommended approval subject to the conditions. Mr. Henry Moore accepted the conditions. 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 13CW0146, subject to the following conditions: 1. The mitigation measures outlined in the document titled Branch Tract - Henry D. Moore - Water Quality Impact Assessment - Chesterfield County, Virginia, prepared by Townes Consulting, Engineers, Planners and Land Surveyors; dated November 27, 2012 shall be incorporated and implemented during the plan review process. (EE) 2. The Department of Environmental Engineering may approve alternative mitigation measures if it is determined that such alternatives will not increase impacts to the Resource Protection Area (RPA) or downstream water bodies. (EE) 12-707 12/12/12 3. A fifty (50) foot Riparian Protection Area shall be maintained along the entire south side of the RPA for parcel 781-650-3083 as shown on Exhibit A in the staff report. No timbering shall be allowed in the Riparian Protection Area except as approved by Chesterfield County for the removal of dead or diseased trees. Destruction or alteration of the Riparian Protection Area, other than those authorized by Chesterfield County, shall be prohibited. No storage of materials, grading or construction for any structures or other improvements shall be allowed within the Riparian Protection Area. However, boardwalks, wildlife management structures, observation decks and one (1) informative sign may be placed within the Riparian Protection Area provided any such structure does not impede the natural movement of water and preserves the natural contour of the ground, and is subject to prior written approval by Chesterfield County. (EE and P) 4. Approval of this exception is for encroachment into the RPA buffer only and does not guarantee development of the site as explicitly proposed in the WQIA referenced in Condition 1 above. Development of the site is subject to all ordinance requirements, review processes, and/or other requirements currently adopted at the time of plans review. Ayes: Gecker, Jaeckle, Warren, Holland and Elswick. Nays: None. 13SN~105 In Bermuda Magisterial District, Holiday Signs requests conditional use planned development approval and amendment of zoning district map to permit exceptions to ordinance requirements relative to signage in a General Business (C-5) District on 1 acre known as 2520 West Hundred Road. Density will be controlled by zoning conditions or ordinance standards. The Comprehensive Plan suggests the property is appropriate for general commercial use. Tax ID 799-654-0882. Mr. Robert Clay presented a summary of Case 13SN0105 and stated the Planning Commission recommended approval subject to the condition. He further stated staff recommended denial because the current sign standards of the ordinance provide adequate identification for uses on the property and are designed to bring oversized signs closer to compliance with current requirements and approval of the request could encourage other businesses to seek similar exceptions, leading to proliferation of oversized signs. He stated the non-conforming freestanding sign identifying an existing restaurant on the property was recently damaged during a storm, event. He further stated the Planning Commission recommended approval of the sign noting it was a repair/maintenance issue and was not done in malice or with intent to violate the ordinance. He stated there was opposition present at the Planning Commission meeting, noting the sign should be brought into compliance. J J J 12-708 12/12/12 Mr. Allan Twedt, representing the applicant, stated the sign was recently damaged during a storm event and the damaged sign was dangerously hanging out of the frame. He noted the signage was not rebranded, only replaced. He stated the process was followed by guidelines outlaid in the Zoning Ordinance concerning the re-facing of freestanding signs. He requested the Board's approval of the request. Mr. Gecker called for public comment. Mr. Paul Grasewicz stated the signage should be brought into compliance with current ordinance requirements. He encouraged the Board to deny the request. Mr. Freddy Boisseau stated the sign is consistent with the signs that are surrounding area businesses. He urged the Board to approve the request. Mr. Bob Olsen stated the sign should be brought into compliance with the current ordinance. He noted many refaced non-compliant signs handled by the applicant throughout the county. He urged the Board to deny the request. Mr. Ralph Carter expressed concerns relative to the current sign standards of the ordinance. He encouraged the Board to reexamine their rules and regulations. There being no one else to speak to the request, the public hearing was closed. Mr. Twedt stated there was a national sign company involved in the process that was under the impression the sign was under compliance based on the standards of the ordinance. He further stated an apology was issued by a representative of the national sign company at the second Planning Commission meeting after the company was told the sign was illegally refaced. He stated the repair was done for the safety of the citizens. He further stated many high profile businesses in the county have rebranded and re-faced their signage that has gone unnoticed. He encouraged the Board to approve the request. In response to Mr. Elswick's questions, Mr. Twedt stated it would cost $40,000 to bring the sign into compliance and $7,000 to repair the sign. He further stated the face needs to be removed in order to maintain the electrical aspect of the sign. Mr. Elswick stated it was reasonable to allow the business owner to repair a damaged and unsafe sign. In response to Mr. warren's question, Mr. Twedt stated an apology was issued on behalf of the national sign company based on the understanding it was in compliance. Ms. Jaeckle noted staff believed the sign had been refaced and the complaint was closed. She stated a representative appeared before the Planning Commission to apologize for the sign being in violation, because it was their understanding that the signage fit the county's criteria for a re-facing.. In response to Mr. Warren's question, Mr. Twedt stated the refacing was completed based on the ordinance language. 12-709 12 /12 /12 Discussion ensued relative to a breakdown in communication between staff and the applicant. In response to Mr. Holland's question, Mr. Twedt stated other county businesses' signs in conformance with the ordinance are still larger in square footage than area businesses' signage. He further stated he does not believe the sign was illegally refaced. Ms. Jaeckle stated the sign was repaired due to storm damage and it poses an unreasonable cost burden on the business to bring the sign into compliance. Mr. Twedt stated the national sign company decided to repair the damaged sign with the understanding that the sign could be repaired based on the language within the ordinance. Ms. Jaeckle stated the sign is identical to the previous signage. She further stated it was reasonable to allow a business owner to repair a damaged and unsafe sign. Ms. Jaeckle then made a motion, seconded by Mr. Elswick, for the Board to approve Case 13SN0105, subject to the following condition: The total area of the freestanding sign shall not exceed 179 square feet. The sign height shall not exceed thirty (30) feet. (P) Ayes: Gecker, Jaeckle, and Elswick. Nays: Warren and Holland. 18. PUBLIC HEARINGS 18.A. TO CONSIDER TAX EXEMPTION REQUESTS 18.A.1. FROM SWIFT CREEK MILL THEATRE, INCORPORATED Mr. Mincks stated this date and time has been advertised for a public hearing for the Board to consider the real estate tax exemption request of the Swift Creek Mill Theatre, Incorporated. Mr. Gecker called for public comment. Mr. Bob Olsen urged the Board to limit the tax exemption to $5,000. There being no one else to speak to the issue, the public hearing was closed. On motion of Mr. Holland, seconded by Ms. Jaeckle, the Board adopted the following ordinance designating real property of the Swift Mill Theatre, Incorporated tax exempt: AN ORDINANCE TO DESIGNATE THE PERSONAL PROPERTY OWNED BY SWIFT CREEK MILL THEATRE, INC. TO BE EXEMPT FROM PROPERTY TAXATION WHEREAS, subsection 6(A)(6) of Article X of the Constitution of Virginia, on and after January 1, 2003, J J J 12-710 12/12/12 authorizes localities to designate as exempt from local taxation the real or personal property, or both, owned by a non-profit organization that uses such property for religious, charitable, patriotic, historical, benevolent, cultural, or public park and playground purposes; and WHEREAS, the County has received a request from Swift Creek Mill Theatre to consider granting it a tax exemption for personal property owned by it in Chesterfield County and located at 17401 Jefferson Davis Highway (the "Personal Property); and WHEREAS, in accordance with Va. Code, §58.1-3651 the Board has conducted a public hearing and considered each of the questions required to be considered before adopting an ordinance granting any such exemption; and WHEREAS, the Board has determined that Swift Creek Mill Theatre, Inc. meets the requirement for the personal property tax exemption that it has requested by reason of its being a non-profit organization which uses the personal property for which it is requesting the exemption for cultural purposes. NOW THEREFORE BE IT ORDAINED by the Board of Supervisors of Chesterfield County: 1. Swift Creek Mill Theatre, Inc. is hereby designated a cultural, non-profit organization within the context of Section 6(A)(6) of Article X of the Constitution of Virginia. 2. The Personal Property is used by Swift Creek Mill Theatre, Inc. for cultural purposes on a non-profit basis as set forth in Section 1 of this ordinance and is hereby determined to be exempt from local taxation. This exemption shall be contingent on the continued use of the property in accordance with the purpose for which the organization is designated as exempt in Section 1. 3. This personal property tax exemption shall be effective as of January 1, 2013. 4. This ordinance shall not be set out in the County Code but shall be kept on file in the office of the commissioner of revenue. 5. This ordinance shall be in effect immediately upon its adoption. Ayes: Gecker, Jaeckle, Warren, Holland and Elswick. Nays: None. 12-711 12/12/12 18.A.2. FROM NEW LIFE FOR YOUTH, INCORPORATED Mr. Mincks stated this date and time has been advertised for a public hearing for the Board to consider the real estate tax exemption request of the New Life for Youth, Incorporated. Mr. Gecker called for public comment. Pastor Carlos Rivera, Executive Director for New Life for Youth, expressed his appreciation to the Board for consideration of the tax exemption application for New Life for Youth. There being no one else to speak to the issue, the public hearing was closed. On motion of Mr. Holland, seconded by Mr. Elswick, the Board adopted the following ordinance designating real property of New Life for Youth, Incorporated tax exempt: AN ORDINANCE TO DESIGNATE REAL PROPERTY OWNED BY NEW LIFE FOR YOUTH, INC. TO BE EXEMPT FROM PROPERTY TAXATION WHEREAS, subsection 6(A)(6) of Article X of the Constitution of Virginia, on and after January 1, 2003, authorizes localities to designate as exempt from local taxation the real or personal property, or both, owned by a non-profit organization that uses such property for religious, charitable, patriotic, historical, benevolent, cultural, or public park and playground purposes; and WHEREAS, the County has received a request from New Life for Youth, Inc. to consider granting it a tax exemption for a specific piece of real property owned by it in Chesterfield County and described as County Property Tax Parcel ID No. 766697381000000 (the "Real Property"); and WHEREAS, in accordance with Va. Code, §58.1-3651 the Board has conducted a public hearing and considered each of the questions required to be considered before adopting an ordinance granting any such exemption; and WHEREAS, the Board has dete Youth, Inc. meets the requirement exemption that it has requested by profit organization which uses the is requesting the exemption for purposes; and rmined that New Life for for the real property tax reason of its being a non- real property for which it religious and benevolent WHEREAS, it is the policy of the Board to limit tax exemptions for real estate to a maximum amount of $5,000. NOW THEREFORE BE IT ORDAINED by the Board of Supervisors of Chesterfield County: 1. New Life for Youth, Inc. is hereby designated a religious, benevolent, non-profit organization within the context of Section 6(A)(6) of Article X of the Constitution of Virginia. J J J 12 -712 12/12/12 2. The Real Property is used by New Life for Youth, Inc. exclusively for religious and benevolent purposes on a non-profit basis as set forth in Section 1 of this ordinance and is hereby determined to be exempt from local taxation up to a maximum amount of $5,000. This exemption shall be contingent on the continued use of the property in accordance with the purpose for which the organization is designated as exempt in Section 1. 3. This real property tax exemption shall be effective as of January 1, 2013. 4. This ordinance shall not be set out in the County Code but shall be kept on file in the office of the real estate assessor. 5. This ordinance shall be in effect immediately upon its adoption. Ayes: Gecker, Jaeckle, Warren, Holland and Elswick. Nays: None. 18.A.3. FROM CHESTERFIELD ALTERNATIVES, INCORPORATED Mr. Mincks stated this date and time has been advertised for a public hearing for the Board to consider the real estate tax exemption request of Chesterfield Alternative, Incorporated. Mr. Gecker called for public comment. Ms. Teja Stokes, President of Chesterfield Alternatives, Incorporated, expressed her appreciation to the Board for consideration of the tax exemption application for Chesterfield Alternatives. There being no one else to speak to the issue, the public hearing was closed. On motion of Mr. Warren, seconded by Mr. Elswick, the Board adopted the following ordinance designating real property of Chesterfield Alternative, Incorporated tax exempt: AN ORDINANCE TO DESIGNATE REAL PROPERTY OWNED BY CHESTERFIELD ALTERNATIVES, INC. TO BE EXEMPT FROM PROPERTY TAXATION WHEREAS, subsection 6(A)(6) of Article X of the Constitution of Virginia, on and after January 1, 2003, authorizes localities to designate as exempt from local taxation the real or personal property, or both, owned by a non-profit organization that uses such property for religious, charitable, patriotic, historical, benevolent, cultural, or public park and playground purposes; and WHEREAS, the County has received a request from Chesterfield Alternatives, Inc. to consider granting it a tax exemption for a specific piece of real property owned by it in Chesterfield County and described as County Property Tax Parcel ID No. 772617151500000; and 12-713 12/12/12 WHEREAS, in accordance with Va. Code, §58.1-3651 the Board has conducted a public hearing and considered each of the questions required to be considered before adopting an ordinance granting any such exemption; and WHEREAS, the Board has determined that Chesterfield Alternatives, Inc. meets the requirement for the real property tax exemption that it has requested by reason of its being a non-profit organization which uses the real property for which it is requesting the exemption for benevolent purposes. NOW THEREFORE BE IT ORDAINED by the Board of Supervisors of Chesterfield County: 1. Chesterfield Alternatives, Inc. is hereby designated a benevolent, non-profit organization within the context of Section 6(A)(6) of Article X of the Constitution of Virginia. 2. The real property is used by Chesterfield Alternatives, Inc. exclusively for benevolent purposes on a non-profit basis as set forth in Section 1 of this ordinance and is hereby determined to be exempt from local taxation up to a maximum amount of $5,000. This exemption shall be contingent on the continued use of the property in accordance with the purpose for which the organization is designated as exempt in Section 1. 3. This real property tax exemption shall be effective as of January 1, 2013. 4. This ordinance shall not be set out in the County Code but shall be kept on file in .the office of the real estate assessor. 5. This ordinance shall be in effect immediately upon its adoption. Ayes: Gecker, Jaeckle, Warren, Holland and Elswick. Nays: None. 18.A.4. FROM AFFORDABLE RESIDENCES OF CHESTERFIELD II Mr. Mincks stated this date and time has been advertised for a public hearing for the Board to consider the real estate tax exemption request of Affordable Residences of Chesterfield II. Mr. Gecker called for public comment. Mr. T.K. Somanath, President/CEO of the Better Housing Coalition, expressed his appreciation to the Board for consideration of the tax exemption application for Affordable Residences. There being no one else to speak to the issue, the public hearing .was closed. J J J 12-714 12/12/12 On motion of Ms. Jaeckle, seconded by Mr. Elswick, the Board adopted the following ordinance designating real property of Affordable Residences of Chesterfield II tax exempt: AN ORDINANCE TO DESIGNATE REAL PROPERTY OWNED BY AFFORDABLE RESIDENCES OF CHESTERFIELD, II TO BE EXEMPT FROM PROPERTY TAXATION WHEREAS, subsection 6(A)(6) of Article X of the Constitution of Virginia, on and after January 1, 2003, authorizes localities to designate as exempt from local taxation the real or personal property, or both, owned by a non-profit organization that uses such property for religious, charitable, patriotic, historical, benevolent, cultural, or public park and playground purposes; and WHEREAS, the County has received a request from Affordable Residences of Chesterfield, II to consider granting it a tax exemption for a specific piece of real property owned by it in Chesterfield County and described as County Property Tax Parcel ID No. 790670718900000 (the "Real Property"); and WHEREAS, in accordance with Va. Code, §58.1-3651 the Board has conducted a public hearing and considered each of the questions required to be considered before adopting an ordinance granting any such exemption; and WHEREAS, the Board has determined that Affordable Residences of Chesterfield, II meets the requirement for the real property tax exemption that it has requested by reason of its being a non-profit organization which uses the real property for which it is requesting the exemption for benevolent purposes; and WHEREAS, it is the policy of the Board to limit tax exemptions for real estate to a maximum amount of $5,000. NOW THEREFORE BE IT ORDAINED by the Board of Supervisors of Chesterfield County: 1. Affordable Residences of Chesterfield, II is hereby designated a benevolent, non-profit organization within the context of Section 6(A)(6) of Article X of the Constitution of Virginia. 2. The Real Property is used by Affordable Residences of Chesterfield, II exclusively for benevolent purposes on a non-profit basis as set forth in Section 1 of this ordinance and is hereby determined to be exempt from local taxation up to a maximum amount of $5,000. This exemption shall be contingent on the continued use of the property in accordance with the purpose for which the organization is designated as exempt in Section 1. 3. This real property tax exemption shall be effective as of January 1, 2013. 4. This ordinance shall not be set out in the County Code but shall be kept on file in the office of the real estate assessor. 5. This ordinance shall be in effect immediately upon its adoption. Ayes: Decker, Jaeckle, Warren, Holland and Elswick. Nays: None. 12-715 12/12/12 18.A.5. FROM RICHMOND AFFORDABLE HOUSING Mr. Mincks stated this date and time has been advertised for a public hearing for the Board to consider the real estate tax exemption request of Richmond Affordable Housing. Mr. Gecker called for public comment. Mr. T.K. Somanath, President/CEO of the Better Housing Coalition, requested the Board's consideration of the tax exemption application. There being no one else to speak to the issue, the public hearing was closed. On motion of Mr. Elswick, seconded by Ms. Jaeckle, the Board adopted the following ordinance designating real property of Richmond Affordable Housing tax exempt: AN ORDINANCE TO DESIGNATE REAL PROPERTY OWNED BY RICHMOND AFFORDABLE HOUSING TO BE EXEMPT FROM PROPERTY TAXATION WHEREAS, subsection 6(A)(6) of Article X of the Constitution of Virginia, on and after January 1, 2003, authorizes localities to designate as exempt from local taxation the real or personal property, or both, owned by a non-profit organization that uses such property for religious, charitable, patriotic, historical, benevolent, cultural, or public park and playground purposes; and WHEREAS, the County has received a request from Richmond Affordable Housing to consider granting it a tax exemption for two specific pieces of real property owned by it in Chesterfield County and described as County Property Tax Parcel ID No. 790679438400000 and Parcel ID No. 790679548400000 (the "Real Property"); and WHEREAS, in accordance with Va. Code, §58.1-3651 the Board has conducted a public hearing and considered each of the questions required to be considered before adopting an ordinance granting any such exemption; and WHEREAS, the Board has determined that Richmond Affordable Housing meets the requirement for the real property tax exemption that it has requested by reason of its being a non-profit organization which uses the real property for which it is requesting the exemption for benevolent purposes; and WHEREAS, it is the policy of the Board to limit tax exemptions for real estate to a maximum amount of $5,000. NOW THEREFORE BE IT ORDAINED by the Board of Supervisors of Chesterfield County: 1. Richmond Affordable Housing is hereby designated a benevolent, non-profit organization within the context of Section 6(A)(6) of Article X of the Constitution of Virginia. 2. The Real Property is used by Richmond Affordable Housing exclusively for benevolent purposes on a non-profit 12-716 J J J 12/12/12 basis as set forth in Section 1 of this ordinance and is hereby determined to be exempt from local taxation up to a maximum amount of $5,000. This exemption shall be contingent on the continued use of the property in accordance with the purpose for which the organization is designated as exempt in Section 1. 3. This real property tax exemption shall be effective as of January 1, 2013. 4. This ordinance shall not be set out in the County Code but shall be kept on file in the office of the real estate assessor. 5. This ordinance shall be in effect immediately upon its adoption. Ayes: Gecker, Jaeckle, Warren, Holland and Elswick. Nays: None. 18.A.6. FROM GUJARAL SAMANVAY PARIVAR, ALSO KNOWN AS THE CULTURAL CENTER OF INDIA Mr. Mincks stated this date and time has been advertised for a public hearing for the Board to consider the real estate tax exemption request of Gujaral Samanvay Parivar, also known as•The Cultural Center of India. Mr. Gecker called for public comment. Dr. Kamlesh Dave, Co-chair and trustee to the Cultural Center of India, expressed his appreciation to the Board for consideration of the tax exemption application. There being no one else to speak to the issue, the public hearing was closed. On motion of Mr. Warren, seconded by Mr. Elswick, the Board adopted the following ordinance designating real property of Gujaral Samanvay Parivar, also known as The Cultural Center of India, tax exempt: AN ORDINANCE TO DESIGNATE REAL PROPERTY OWNED BY GUJARAL SAMANVAY PARIVAR, A/K/A THE CULTURAL CENTER OF INDIA TO BE EXEMPT FROM PROPERTY TAXATION WHEREAS, subsection 6(A)(6) of Article X of the Constitution of Virginia, on and after January 1, 2003, authorizes localities to designate as exempt from local taxation the real or personal property, or both, owned by a non-profit organization that uses such property for religious, charitable, patriotic, historical, benevolent, cultural, or public park and playground purposes; and WHEREAS, the County has received a request from Gujaral Samanvay Parivar, a/k/a the Cultural Center of India to consider granting it a tax exemption for a specific piece of real property owned by it in Chesterfield County and described as County Property Tax Parcel ID No. 775655394400000 (the "Real Property"); and 12-717 12/12/12 WHEREAS, in accordance with Va. Code, §58.1-3651 the Board has conducted a public hearing and considered each of the questions required to be considered before adopting an ordinance granting any such exemption; and WHEREAS, the Board has determined that Gujaral Samanvay Parivar, a/k/a the Cultural Center of India meets the requirement for the real property tax exemption that it has requested by reason of its being a non-profit organization which uses the real property for which it is requesting the exemption for cultural purposes; and WHEREAS, it is the policy of the Board to limit tax exemptions for real estate to a maximum amount of $5,000. NOW THEREFORE BE IT ORDAINED by the Board of Supervisors of Chesterfield County: 1. Gujaral Samanvay Parivar, a/k/a the Cultural Center of India is hereby designated a cultural, non-profit organization within the context of Section 6(A)(6) of Article X of the Constitution of Virginia. 2. The Real Property is used by Gujaral Samanvay Parivar, a/k/a the Cultural Center of India exclusively for cultural purposes on a non-profit basis as set forth in Section 1 of this ordinance and is hereby determined to be exempt from local taxation up to a maximum amount of $5,000. This exemption shall be contingent on the continued use of the property in accordance with the purpose for which the organization is designated as exempt in Section 1. 3. This real property tax exemption shall be effective as of January 1, 2013. 4. This ordinance shall not be set out in the County Code but shall be kept on file in the office of the real estate assessor. 5. This ordinance shall be in effect immediately upon its adoption. Ayes: Gecker, Jaeckle, Warren, Holland and Elswick. Nays: None. J J J 12-718 12/12/12 18.A.7. FROM RICHMOND KICKERS YOUTH SOCCER CLUB, INCORPORATED 18.A.7.a. FOR ITS RIDGEDALE PARKWAY FACILITY Mr. Mincks stated this date and time has been advertised for a public hearing for the Board to consider the real estate tax exemption request of Richmond Kickers Youth Soccer Club, Incorporated for its Ridgedale Parkway facility and Hensley Road facility. Mr. Gecker called for public comment Ms. Martha Mavredes expressed her appreciation to the Board for consideration of the tax exemption application for Richmond Kickers Youth Soccer Club, Incorporated. On motion of Mr. Holland, seconded by Mr. Warren, the Board adopted the following ordinance designating real property of Richmond Kickers Youth Soccer Club, Incorporated for its Ridgedale Parkway facility tax exempt: AN ORDINANCE TO DESIGNATE REAL PROPERTY OWNED BY RICHMOND KICKERS YOUTH SOCCER CLUB, INC. FOR RIDGEDALE PARKWAY FACILITY TO BE EXEMPT FROM PROPERTY TAXATION WHEREAS, subsection 6(A)(6) of Article X of the Constitution of Virginia, on and after January 1, 2003, authorizes localities to designate as exempt from local taxation the real or personal property, or both, owned by a non-profit organization that uses such property for religious, charitable, patriotic, historical, benevolent, cultural, or public park and playground purposes; and WHEREAS, the County has received a request from Richmond Kickers Youth Soccer Club, Inc. to consider granting it a tax exemption for a specific piece of real property owned by it in Chesterfield County and described as County Property Tax Parcel ID No. 774689950500000 (the "Real Property"); and WHEREAS, in accordance with Va. Code, §58.1-3651 the Board has conducted a public hearing and considered each of the questions required to be considered before adopting an ordinance granting any such exemption; and WHEREAS, the Board has determined that Richmond Kickers Youth Soccer Club, Inc. meets the requirement for the real property tax exemption that it has requested by reason of its being a non-profit organization which uses the real property for which it is requesting the exemption for public park and playground purposes; and WHEREAS, it is the policy of the Board to limit tax exemptions for real estate to a maximum amount of $5,000. NOW THEREFORE BE IT ORDAINED by the Board of Supervisors of Chesterfield County: 1. Richmond Kickers Youth Soccer Club, Inc. is hereby designated a non-profit organization owning public park and playground property within the context of Section 6 (A) (6) of Article X of the Constitution of Virginia. 12-719 12/12/12 2. The Real Property owned by Richmond Kickers Youth Soccer Club, Inc. at its Ridgedale Parkway Facility is used exclusively for public park and playground purposes on a non- profit basis as set forth in Section 1 of this ordinance and is hereby determined to be exempt from local taxation up to a maximum amount of $5,000. This exemption shall be contingent on the continued use of the property in accordance with the purpose for which the organization is designated as exempt in Section 1. 3. This real property tax exemption shall be effective as of January 1, 2013. 4. This ordinance shall not be set out in the County Code but shall be kept on file in the office of the real estate assessor. 5. This ordinance shall be in effect immediately upon its adoption. Ayes: Gecker, Jaeckle, Warren, Holland and Elswick. Nays: None. 18.A.7.b. FOR ITS HENSLEY ROAD FACILITY On motion of Mr. Holland, seconded by Mr. Elswick, the Board adopted the following ordinance designating real property of Richmond Kickers Youth Soccer Club, Incorporated for its Hensley Road facility tax exempt: AN ORDINANCE TO DESIGNATE REAL PROPERTY OWNED BY RICHMOND KICKERS YOUTH SOCCER CLUB, INC. FOR HENSLEY ROAD FACILITY TO BE EXEMPT FROM PROPERTY TAXATION WHEREAS, subsection 6(A)(6) of Article X of the Constitution of Virginia, on and after January 1, 2003, authorizes localities to designate as exempt from local taxation the real or personal property, or both, owned by a non-profit organization that uses such property for religious, charitable, patriotic, historical, benevolent, cultural, or public park and playground purposes; and WHEREAS, the County has received a request from Richmond Kickers Youth Soccer Club, Inc. to consider granting it a tax exemption for two specific pieces of real property owned by it in Chesterfield County and described as County Property Tax Parcel ID No. 728657812300000 and Parcel ID No. 727657874000000 (the "Real Property"); and WHEREAS, in accordance with Va. Code, §58.1-3651 the Board has conducted a public hearing and considered each of the questions required to be considered before adopting an ordinance granting any such exemption; and WHEREAS, the Board has determined that Richmond Kickers Youth Soccer Club, Inc. meets the requirement for the real property tax exemption that it has requested by reason of its being a non-profit organization which uses the real property for which it is requesting the exemption for public park and playground purposes; and WHEREAS, it is the policy of the Board to limit tax exemptions for real estate to a maximum amount of $5,000. 12-720 J J J 12/12/12 NOW THEREFORE BE IT ORDAINED by the Board of Supervisors of Chesterfield County: 1. Richmond Kickers Youth Soccer Club, Inc. is hereby designated a non-profit organization owning public park and playground property within the context of Section 6 (A) (6 ) of Article X of the Constitution of Virginia. 2. The Real Property owned by Richmond Kickers Youth Soccer Club, Inc. at its Hensley Road Facility is used exclusively for public park and playground purposes on a non- profit basis as set forth in Section 1 of this ordinance and is hereby determined to be exempt from local taxation up to a maximum amount of $5,000. This exemption shall be contingent on the continued use of the property in accordance with the purpose for which the organization is designated as exempt in Section 1. 3. This real property tax exemption shall be effective as of January 1, 2013. 4. This ordinance shall not be set out in the County Code but shall be kept on file in the office of the real estate assessor. 5. This ordinance shall be in effect immediately upon its adoption. Ayes: Gecker, Jaeckle, Warren, Holland and Elswick. Nays: None. 19. REMAINING MANUFACTURED HOME PERMITS AND ZONING REQUESTS There were no remaining requests for manufactured home permits or rezoning at this time. 20. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED MATTERS There were no requests to address the Board at this time. 21. ADJOURNMENT On motion of Mr. Holland, seconded by Mr. warren, the Board adjourned at 8:03 p.m. until January 9, 2013 at 3:00 p.m. Ayes: Gecker, Jaeckle, Warren, Holland and Elswick. Nays: None. s~{`~~ J mes Stegmai Daniel A. Gecker ounty dministrator Chairman 12 -721 12/12/12 J J J 12-722 12/12/12