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2013-02-27 MinutesBOARD OF SUPERVISORS MINUTES February 27, 2013 Supervisors in Attendance: Staff in Attendance: Ms. Dorothy A. Jaeckle, Chairman Mr. Mike Bacile, Dir., Mr. Stephen A. Elswick, Vice Chrm. Purchasing Mr. Arthur S. Warren Dr. Sheryl Bailey, Dep. Mr. James M. Holland County Administrator, Mr. Daniel A. Decker Management Services, Ms. Janice Blakley, Mr. James J. L. Stegmaier Clerk to the Board County Administrator Mr. Kevin Bruny, Chief Learning Officer Others in Attendance: Ms. Debbie Burcham, Exec. Dir., Community Dr. Marcus Newsome Services Board Supt. of Schools Mr. Allan Carmody, Dir., Budget and Management Mr. David Myers, Asst. Mr. Barry Condrey, Chief Supt. of Schools for Information Officer Business and Finance Mr. Roy Covington, Dir., Utilities Ms. Mary Ann Curtin, Dir., Intergovtl. Relations Mr. Jonathan Davis, Dir., Real Estate Assessments Mr. Will Davis, Dir., Economic Development Mr. William Dupler, Dep. County Administrator, Community Development Colonel Thierry Dupuis, Police Department Mr. Robert Eanes, Asst. to the County Administrator Mr. Michael Golden, Dir., Parks and Recreation Mr. John W. Harmon, Real Property Manager Mr. Joe Horbal, Commissioner of Revenue Mr. Donald Kappel, Dir., Public Affairs Mr. Rob Key, Director, General Services Mr. Louis Lassiter, Asst. County Administrator Ms. Mary Martin Selby, Dir., Human Resource Services Mr. R. John McCracken, Dir., Transportation Mr. Richard M. MCElfish, Dir., Env. Engineering Mr. Jeffrey L. Mincks, County Attorney 13-71 02/27/13 Chief Edward L. Senter, Fire Department Ms. Marsha Sharpe, Dir., Social Services Ms. Sarah Snead, Dep. County Administrator, Human Services Mr. Mike Westfall, Dir., Internal Audit Mr. Scott Zaremba, Dir., Human Resource Programs Ms. Jaeckle called the regularly scheduled meeting to order at 3:00 p.m. 1. APPROVAL OF MINUTES FOR FEBRUARY 6, 2013 On motion of Mr. Holland, seconded by Mr. Elswick, the Board approved the minutes of February 6, 2013, as submitted. Ayes: Jaeckle, Elswick, Warren, Holland and Gecker. Nays: None. 2. COUNTY ADMINISTRATOR'S COMMENTS 2.A. COUNTY ADMINISTRATOR'S REPORT • Mr. Stegmaier introduced Mr. Scott Smedley, the new Director of the Department of Environmental Engineering. • Mr. Stegmaier was pleased to report that the Chesterfield County Public Library (CCPL) has been named a Finalist for the 19th Annual National Medal for Museums and Library Service. He stated the National Medal is the nation's highest honor conferred on museums and libraries by the Institute for Museum and Library Services in recognition of service to the community and for making a difference in the lives of individuals, families, and communities. • Mr. Stegmaier announced that staff continues to work diligently on the implementation of the Comprehensive Plan. He stated several items have now been completed, to include the coordination of public facilities with the CIP and the identification of the properties zoned contrary to the recommendations of the land use plan. He further stated staff work is also complete on the Bridge the Gap ordinances, which have been recommended by the Planning Commission and will be coming before the Board soon. • Mr. Stegmaier was pleased to report continued progress on the Board's goal - To be Responsible Protectors of the Environment. He stated the county's Fleet Management Division was recently re-certified ISO 14001:2004 compliant. In addition, he stated the Fleet Management Division also recently was recognized by the Virginia Environmental Excellence Program (VEEP) for achieving the E4 level, which is the highest level of Extraordinary Environmental Enterprise. 13-72 J J J 02/27/13 Ms. Mary Ann Curtin provided an update to the Board on the General Assembly. She stated the General Assembly adjourned on Saturday, February 23rd and reversion of local aid to the Commonwealth was resolved. She stated the county was able to get budget language inserted which gives more flexibility in the provision of school health services. She noted additional funds were put into more waivers for developmentally and intellectually disabled individuals, state aid to local libraries, and constitutional officers for career development programs. She stated the transportation bill passed with a large amount of bipartisan support and raises revenues through a variety of taxes and fees. She further stated project allocations will happen through the VDOT six-year improvement plan. In response to Ms. Jaeckle's question relative to waivers established, Ms. Curtin stated the total was around 250 waivers. 3. BOARD MEMBER REPORTS Mr. Elswick expressed his appreciation to citizens who attended his recent community meetings. He also thanked staff for their continued hard work. Mr. Holland announced the Dale District will hold a community meeting regarding an overview of the Chesterfield County proposed FY2014 budget on March 19th at 7:00 p.m. at Meadowbrook High School. Mr. Warren announced the Clover Hill District will hold a community meeting regarding an overview of the Chesterfield County proposed FY2014 budget on March 19th at 7:00 p.m. at Monacan High School. Mr. Gecker announced the Midlothian District will hold a community meeting regarding an overview of the Chesterfield County's proposed FY2014 budget on March 21St at 7:00 p.m. at Midlothian Middle School. Ms. Jaeckle stated she is currently working on scheduling joint community meetings with Ms. Carrie Coyner. 4. REQUESTS TO POSTPONE AGENDA ITEMS AND ADDITIONS, DELETIONS OR CHANGES IN THE ORDER OF PRESENTATION There were no Requests to Postpone Agenda Items and Additions, Deletions or Changes in the Order of Presentation. 13-73 02/27/13 5. RESOLUTIONS 5.A. RECOGNIZING MR. RICHARD M. MCELFISH, DIRECTOR OF ENVIRONMENTAL ENGINEERING, UPON HIS RETIREMENT Mr. Dupler introduced Mr. Richard M. McElfish, who was present to receive the resolution. On motion of Mr. Holland, seconded by Mr. Gecker, the Board adopted the following resolution: WHEREAS, Mr. Richard M. "Dick" MCElfish, P.E., a decorated Vietnam veteran, joined Chesterfield County in 1977 as the first, and only, Director of Environmental Engineering, serving for 36 years; and WHEREAS, using his experience as a combat leader and First Lieutenant in the United States Army and as an Assistant Resident Engineer of Virginia Department of Transportation, Mr. McElfish transitioned 14 employees previously housed under the Department of Utilities to form the Department of Environmental Engineering; and WHEREAS, Mr. McElfish directed periodic, major restructuring of the department from its initial location in a construction trailer, through six relocations, to the current state-of-the-art Community Development building with an existing staff of 54; and WHEREAS, Mr. McElfish directed the evolution of the department from slide-rules, pen-and-ink mapping, paper and cumbersome filing systems to electronic management of information that included development of the county's award- winning geographic information system, system applications, electronic imaging and computerized street-sign fabrication; and WHEREAS, Mr. McElfish created the approval process for new street names, established a consistent countywide addressing formula and transitioned street-sign installations from non-standard signs to compliance with national street sign standards; and WHEREAS, Mr. McElfish ensured that the department was prepared to assist the public and perform emergency work during tropical storms Fran, Isabel, Gaston and Irene and also provided department resources for snow and debris removal during severe weather events, allowing county facilities to remain open and functional to the public; and WHEREAS, Mr. McElfish pioneered the electronic transfer of data between the county and the Virginia Department of Transportation, which has led to the county's status as a leader in the processing of roads and road segments into the state's secondary road system, incorporating 1,264 miles of the current 2,400 miles of roads into the state system during his tenure; and WHEREAS, Mr. McElfish administered the development and implementation of Chesterfield County's Floodplain Ordinance in 1983, the Chesapeake Bay Ordinance in 1991, the Illicit Discharge Ordinance in 1997 and the Upper Swift Creek Watershed Ordinance in 2000; and 13-74 J J J 02/27/13 WHEREAS, Mr. McElfish was successful in the application of the first county-sponsored linear stream restoration and mitigation project related to a regional stormwater pond facility; and WHEREAS, Mr. McElfish the department's citizen enabling staff to develop rain barrel and rain WaterTrends and riparian stormwater protection aware quality; and facilitated the implementation of education and outreach program many successful programs such as garden workshops, Chesterfield stewardship efforts aimed at ;ness for the improvement of water WHEREAS, Mr. McElfish managed tasks and steps needed to update Watershed Plan to meet regulatory and to provide opportunities important potable water resource and future land-use changes; and the necessary framework of the Swift Creek Reservoir challenges and county goals to further protect this from existing development WHEREAS, under Mr. McElfish's directorship, a Stormwater Management/Best Management Practice (SWM/BMP) maintenance division was the first formed by a locality in the Commonwealth of Virginia pioneering Best Management Practice stormwater infrastructure maintenance by a county; and WHEREAS, Mr. McElfish tirelessly represented the department and the development community through dedicated attendance and participation in Chesterfield County Board of Supervisors and Planning Commission meetings, facilitation of evening meetings with citizen groups and homeowners associations, and participation in countless public meetings to champion the concerns of the community and to advise county leaders, the Board of Supervisors and Planning Commissioners toward resolution of development issues; and WHEREAS, in the current economic climate and facing new state and federal mandates and requirements, Mr. McElfish has implemented processes and ensured an operational culture that has positioned his department to meet these future challenges, maintain high standards of performance and, thus, secure his legacy with Chesterfield County; and WHEREAS, Mr. McElfish provided nine years of.community service coaching recreation-league boys basketball, girls basketball and girls softball with the Clover Hill Sports Association; and WHEREAS, Mr. McElfish will be sorely missed for his caring, calm and astute leadership; his mentoring of staff; and his sharing of valuable professional and personal knowledge acquired over his many years of service to the public. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 27th day of February 2013, publicly recognizes Mr. Richard M. "Dick" McElfish for his 36 years of distinguished service to Chesterfield County and extends sincere best wishes for a long, healthy and happy retirement. 13-75 02/27/13 AND, BE IT FURTHER RESOLVED that a copy of this resolution be presented to Mr. McElfish and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Ayes: Jaeckle, Elswick, Warren, Holland and Gecker. Nays: None. Ms. Jaeckle presented the executed resolution to Mr. McElfish and commended him on his many years of loyal and dedicated service. Dr. Edgar Wallin commended Mr. McElfish for his depth of knowledge and service to the public. Mr. Warren expressed his appreciation to Mr. McElfish for his sharing of valuable professional and personal knowledge acquired over his many years of service to the public. Mr. Gecker highly praised Mr. McElfish's work ethic and dedicated service to the county. He stated Mr. McElfish will be sorely missed for his keen leadership. Mr. Holland commended Mr. McElfish for his contributions to the community and wished him well in his retirement. Mr. Elswick expressed his appreciation for Mr. McElfish's service to the public and wished him well in his retirement. Mr. Reuben Waller congratulated Mr. McElfish on his retirement and future endeavors. Mr. Stegmaier presented Mr. McElfish with an acrylic statue and county watch and expressed appreciation for his outstanding service to the county. Mr. McElfish expressed his appreciation to the Board for the recognition. He stated during his time with the county, he has thoroughly enjoyed the interaction with his co-workers and the community. 6. WORK SESSIONS 6.A. SOUTHEAST HIGH SPEED RAIL PROJECT UPDATE Mr. Kevin Page, Chief Operating Officer of the Virginia Department of Rail and Public Transportation (VDRPT), updated the Board of Supervisors regarding the Southeast High Speed Rail Project. He provided details relative to design changes to Station Road, Chester Road, Hopkins Road between Old Lane and Centralia, Curtis Street, West Street, Woods Edge Road, Walthall Industrial Parkway and Pine Forest Drive. He also reviewed a sequence of next steps which include completing environmental and design, track improvements on existing segments, project subject to funding, and coordinate with FRA, Amtrak, railroads, local governments and property owners. In response to Ms. Jaeckle's question regarding ridership on the Norfolk train, Mr. Page stated January is usually the lowest ridership month for Amtrak and most intercity public transportation. 13-76 J J J 02/27/13 Ms. Jaeckle expressed her appreciation for the proposed pedestrian access at Curtis and West Street and the opening at woods Edge Road. She expressed concerns relative to the proposed design for the Centralia intersection, which will completely upset the terrain and the character of the area. She also expressed concerns relative to the Raleigh to Richmond route and funding. Mr. Warren stated Mr. Page's knowledge is very important to Chesterfield County. In response to Mr. warren's question regarding typical speed limits, Mr. Page stated from Richmond downtown Main Street Station to Centralia, the speed limit will be 79 mph; from Centralia to Colyer Yard, the speed limit will be 90 mph; from Petersburg to North Carolina, the speed limit will be 110 mph; and from Staples Mill Station to Washington, DC, the speed limit will not exceed 90 mph. In response to Mr. Holland's question, Mr. Page stated he hopes now that states like Virginia, California, and others have now put together very complex but simple dedicated revenue sources to help achieve an intercity passenger rail; there are now local/state funding sources to match the federal program. He further stated 8 million dollars was infused into the high speed rail program nationwide. He stated unfortunately at the federal level, there was no full vision of where a test project could actually occur. He further stated he thinks there will be conventional speed improvements and enhanced passenger rail in Virginia, long before high speed rail comes about along the East Coast. 6.B. PROPOSED FY2014 PROJECTED REVENUES AND THE FY2014 PROPOSED SCHOOLS BUDGET Mr. David Myers presented an overview of the School Board's proposed FY2014 budget. He stated this is a great time of year to show the community what goes. on between the Board of Supervisors, County Administration and the School division. He then reviewed the Superintendent's proposed financial plan summary which includes maintenance of all instruction programs with no reductions; one-time revenue sources beginning to be replaced with state/local funding streams; and a 2 percent compensation increase for all eligible employees. He stated all full- and part-time employees are eligible for a 6 percent raise - a 2 percent pay raise and a 4 percent increase to fully offset the remainder of the state-mandated 5 percent employee contributions to the Virginia Retirement System. He stated the total proposed and approved budget for FY2014 is $533.9 million. He presented some challenges going forward which include mandated VRS employer payment. increases; affordable Health Care Act impact; and continued funding of the 2 percent employee salary increase. In closing, he expressed appreciation to the Board of Supervisors, the School Board, Mr. Stegmaier, and to Mr. Carmody and his dedicated staff for their efforts to help create a budget that serves the students and citizens of Chesterfield County. Ms. Jaeckle stated she is pleased with the compensation increases for all eligible employees relative to contributions to VRS. She suggested the possibility of 13-77 02/27/13 reviewing data relative to electives that have been cut in the past, class size and attendance. Mr. Elswick expressed his appreciation to Dr. Newsome, the School Board and Mr. Stegmaier for their efforts to increase compensation for teachers. In response to Mr. Elswick's questions, Mr. Myers stated the county's share of the unfunded liability is about $500 million. Regarding the Affordable Health Care Act impact, he stated the structure of the Schools' healthcare plan is being examined to meet the requirements of the new federal law. He further stated the benefits need to be restructured. In regards to part-time positions, he stated those employees will maintain the level of service they provide, without the additional health care burden to the county. Mr. warren commended Mr. Myers on his presentation and stated Chesterfield County is blessed to be in its current position because of decisions made in the past to deal with the recession on both the school and county government side. In response to Mr. Warren's question, Mr. Myers stated since 2009 there has been a small decline in enrollment. He further stated there will be a flat school population projected for FY2014. He stated longer-range projections may promise small growth. Mr. Gecker stated he views the presentation as relatively good news and is pleased to see that the county is headed in the right direction. He further stated it is time to review where instruction has suffered and try and build back a system that most of the county's constituents would like to have in the community. He stated he believes with a little bit of planning and cooperation between the bodies, much greater things can be achieved. He noted the School Board adopted its capital improvement plan that calls for renovations to several schools in the county. Mr. Holland stated he also views the presentation as good news despite the recession. He Mr. Myers, the School Board continued hard work. expressed his appreciation to and county staff for their Ms. Jaeckle commended the School Board for their leadership despite criticism in the past. PROPOSED FY2014 PROJECTED REVENUES Mr. Matt Harris presented an overview of the proposed FY2014 projected revenues in the General Fund. He provided an update on current economic conditions and the impacts on revenues. He stated the presentation will include the national economic snapshot; focus on local conditions; key forecast fundamentals; FY2014 revenue summary; and the multi-year outlook. In regards to the national economic snapshot, he stated the U.S. economy is heading in the right direction, but performance is very choppy. He further stated there is generally inconsistent performance among sectors; housing is beginning to boost growth as business investment weakens; overall confidence remains relatively fragile; there was softer consumer ,spending in January as payroll taxes increased; and state and local employment are a drag on GDP in 11 of last 12 quarters. He stated the economic engine is running again, but it is not firing on all cylinders, for 13-78 J J J 02/27/13 example, the fourth quarter production gap is approximately $1 trillion; the estimate suggested that annual GDP growth of 3.0 percent would close the gap by 2020; and current pace is only averaging 1.7 percent. He further stated growth prospects are constrained by sharp contraction in labor force with the employment-population ratio more revealing than the unemployment rate; the employment-population ratio is at a 30-year low; remains a large driver behind output gap; and there is a tremendous concern about its permanence. He noted the county continues to outperform the U.S. economy because the local ratio is more stable; the jobless rate continues to edge lower; consumer spending remains robust; holiday sales match an all-time high - besting the national performance; travel activity continues to post solid gains; business investment is up more than 90 percent; and. commercial vacancies generally steady. He stated home prices follow pattern and continue to lag larger housing rebound. He reviewed forecast keys, which include continued adherence to a cautious approach; not expecting overnight return to long- run trajectory; residential reval - flat in FY13 - and +1.5 percent in CY14; other land book assumptions are generally unchanged; forecast built at $0.95; and no change in revenue mix. He further stated there is a cautious approach to state increases with a marginal increase in pure general government support primarily the result of Aid to Localities reinstatement; a gain to be set aside for dedicated purposes; and a $2.7 million increase in State Sales Tax pass through to schools. He stated the pace of growth in out-years is very similar to FY2014 and the outlook remains generally in line with long-running forecast. He further stated a diverse menu of risks remains. He noted an ongoing sequestration debate is just a small sample of a larger issue with Virginia being quite vulnerable to the unfolding federal saga; parallel concerns regarding global fiscal issues, sustainability of interest rate environment, and the revision/elimination of local sources. In closing, he summarized the key points of the presentation noting the U.S. recovery is underway, but effort is fragile and very uneven; there is more consistency on the local level; there are encouraging signs in housing as well, particularly on price front; and the forecast remains guarded, follows slow path back towards long-run average. Mr. Holland highly praised Mr. Harris for an outstanding and informative presentation. In response to Mr. Holland's questions, Mr. Harris stated the occupancy tax also refers to hotel tax. In regards to the decline in contributions relative to education, he stated there is a steady drop off in state support for local operations. Mr. Elswick commended Mr. Harris for the informative presentation and stated the citizens should be proud of the cautious approach the county takes when determining projected revenues. Mr. Warren highly praised Mr. Harris for his presentation and stated he understands this time of year is very stressful and difficult for the Budget staff. Ms. Jaeckle stated it is encouraging to see the future benefits Amazon can create for the county. She further stated Amazon has supplied 1000 full-time jobs and as a result the county will hopefully see an increase in the demand and value of housing in the area. She noted she hoped the county could thrive from local dollars, instead of depending on state and federal funds. 13-79 02/27/13 Mr. Holland commended Mr. Gecker and Mr. Stegmaier for their involvement with the revitalization and increased revenue relative to the addition of the new Kroger Marketplace. Mr. Gecker highly praised Mr. Harris for his excellent presentation and quality of the underlying analysis. He stated the county still needs to be testing all expenditures against the core philosophy of Chesterfield's local government. He further stated the Board's goal is to put revenue where needed expenses are, as opposed to putting expenses where the revenue happens to be. He stated improving the quality of the core service prevision would be a significant goal over the next few years. Mr. Harris stressed the importance of maintaining a cautious approach to the revenue side, as well as continued dedication at looking for cost saving efficiencies. Mr. Gecker reiterated his comments relative to the goal of improving the quality of education, public service and human services for the community. 7. DEFERRED ITEMS There were no Deferred Items at this time. 8. NEW BUSINESS 8.A. ADVERTISEMENT OF TAX RATES FOR TAX YEAR 2013 AND ADVERTISEMENT OF THE PROPOSED FY2014 BUDGET, THE FY2014-FY2018 PROPOSED CAPITAL IMPROVEMENT PROGRAM, THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM, AND OTHER ORDINANCE CHANGES Mr. Carmody stated the Board is requested to authorize the advertisement of tax rates for the calendar year 2013, the proposed FY2014 budget, the proposed FY2014-FY2018 Capital Improvement Program, the proposed Community Development Block Grant Program, and other ordinance changes. Mr. Holland requested that Mr. Stegmaier bring forth a proposal laying out a plan for a public referendum on a meals tax, as well as, a calendar of key milestones including Board of Supervisors' actions, proposed use of the funds for Board. established priorities and points along the way that would give the public opportunity for input. He stated the Board could then review this plan and decide how to move forward on a revenue option, and begin the ground work for planning for the County's future. On motion of Mr. Holland, seconded by Mr. Warren, the Board approved the advertisement of 2013 calendar year tax rates at the current rates, the proposed FY2014-FY2018 budget, the proposed FY2014-FY2018 Capital Improvement Program, the Community Development Block Grant Program, and other ordinance changes. Ayes: Jaeckle, Elswick, Warren, Holland and Gecker. Nays: None. 13-80 J J J 02/27/13 Mr. Decker stated it would be beneficial to review what a referendum on a bond package would entail, to fund the Schools' full capital improvement program. He stressed the importance of reinvesting in maintenance of existing schools and neighborhoods. He stated there should be a vital discussion relative to what services are most important to the community. He suggested that the Budget and Audit Committee meet regularly throughout the year to review capital and operational plans to set out a longer term vision for the next five years. Mr. Holland stressed the importance of education and investing in the citizens of the community. Ms. Jaeckle stated the general feelings of the public relative to capital improvements may be hindered by the overall state of the economy. She further stated there needs to be a lengthy discussion regarding the imposition of a meals tax. Mr. Warren stressed the importance of the involvement and support of School Board members relative to the funding of future school projects. Mr. Elswick stated it is important to proactively maintain dialogue with citizens in regards to laying out a plan for a public referendum on a meals tax. Mr. Holland noted he fully supports the Schools' proposed CIP. 8.B. APPOINTMENTS On motion of Mr. Decker, seconded by Mr. Elswick, the Board suspended its rules at this time to allow for simultaneous nomination/appointment to the Lower Magnolia Green Community Development Authority Board. Ayes: Jaeckle, Elswick, Warren, Holland and Decker. Nays: None. 8.B.1. LOWER MAGNOLIA GREEN COMMUNITY DEVELOPMENT AUTHORITY BOARD On motion of Mr. Elswick, seconded by Mr. Decker, the Board simultaneously nominated/appointed Mr. Mark Wauford to serve on the Lower Magnolia Green Community Development Authority Board, whose term is effective immediately and will expire August 21, 2015. Ayes: Jaeckle, Elswick, Warren, Holland and Decker. Nays: None. 13-81 02/27/13 8.C. CONSENT ITEMS 8.C.1. ADOPTION OF RESOLUTIONS 8.C.l.a. RECOGNIZING COUNTY EMPLOYEES UPON THEIR RETIREMENT 8.C.1.a.1. FIREFIGHTER RICHARD A. BENNETT, FIRE AND EMERGENCY MEDICAL SERVICES DEPARTMENT On motion of Mr. Elswick, seconded by Mr. Warren, the Board adopted the following resolution: WHEREAS, Firefighter Richard A. Bennett retired from the Chesterfield Fire and Emergency Medical Services Department, Chesterfield County, on January 1, 2013; and WHEREAS, Firefighter Bennett attended Recruit School #22 in 1989, and has faithfully served the county for 23 years in various assignments as a firefighter at the Bensley, Dutch Gap and Ettrick Fire and EMS Stations; and WHEREAS, Firefighter Bennett was an original member of the Chesterfield County Technical Rescue Team and served on the team; and WHEREAS, Firefighter Bennett was recognized as an effective team member at emergency scenes; and WHEREAS, Firefighter Bennett was known as an excellent driver/operator for aerial ladder apparatus and was a teacher and mentor to many new drivers during his career; and WHEREAS, Firefighter Bennett was recognized with an Emergency Medical Services Award for his actions that saved the life of a citizen in cardiac arrest in April 1992; and WHEREAS, Firefighter Bennett received a Unit Citation for his exemplary fire ground operations at a multi-building apartment fire at the Old Buckingham Station Complex in May 1995; and WHEREAS, Firefighter Bennett also received a Unit Citation for his efforts in the extrication of a Virginia State Police Master Trooper and a Chesterfield County Police Department officer who were trapped in a vehicle as a result of an accident in September 2003; and NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes the contributions of Firefighter Richard A. Bennett, expresses the appreciation of all residents for his service to the county, and extends appreciation for his dedicated service and congratulations upon his retirement. Ayes: Jaeckle, Elswick, Warren, Holland and Gecker. Nays: None. 8.C.i.a.2. MRS. YVONNE RASNICK, SOCIAL SERVICES DEPARTMENT On motion of Mr. Elswick, seconded by Mr. Warren, the Board adopted the following resolution: WHEREAS, Mrs. Yvonne Rasnick began her career in the Social Services system with the Prince George Department of Social Services in 1983; and J J J 13-82 02/27/13 WHEREAS, Mrs. Rasnick was hired as an Eligibility Worker by Chesterfield-Colonial Heights Department of Social Services on January 3, 1994; and WHEREAS, Mrs. Rasnick served three terms on the department's Quality Council and participated in department Strategic Planning Retreats; and WHEREAS, Mrs. Rasnick served on several workgroups to support the Department's strategic plan; and WHEREAS, Mrs. Rasnick served on several committees within the Benefit Programs Division to support process improvement initiatives; and WHEREAS, Mrs. Rasnick participated on the Call Center Workgroup in 2006 that recommended the implementation of a call center for customers to report changes on their cases; and WHEREAS, Mrs. Rasnick served on several department workgroups to improve internal and external customer service; and WHEREAS, in 1998, Mrs. Rasnick was promoted to Eligibility Supervisor for the Special Projects Team, where she supervised the Housing Program and was commended for her hard work related to the Winchester Green project; and WHEREAS, Mrs. Rasnick graduated from Chesterfield University's Total Quality Improvement (TQI) Program in August 1999, applied her knowledge to improve efficiency in the management of workload, and promoted TQI principles in her team; and WHEREAS, Mrs. Rasnick assisted in providing disaster Food Stamps to more than 5,000 citizens following Hurricane Isabelle; and WHEREAS, Mrs. Rasnick consistently displayed a positive attitude in her daily interactions with both peers and customers and performed her job duties with professionalism and dedication; and WHEREAS, Mrs. Rasnick consistently demonstrated flexibility and willingness to meet the needs of her team; and WHEREAS, Mrs. Rasnick has consistently provided excellent customer service and has shown dedication and commitment to serving the citizens of Chesterfield County and the City of Colonial Heights. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors .recognizes the outstanding contributions of Mrs. Yvonne Rasnick, expresses the appreciation of all residents for her service to Chesterfield County and the City of Colonial Heights, and extends congratulations upon her retirement, as well as best wishes for a long and happy retirement. Ayes: Jaeckle, Elswick, Warren, Holland and Gecker. Nays: None. 13-83 02/27/13 8.C.1.a.3. MRS. ANNA FOX, SOCIAL SERVICES DEPARTMENT On motion of Mr. Elswick, seconded by Mr. Warren, the Board adopted the following resolution: WHEREAS, Mrs. Anna Fox will retire from the Chesterfield-Colonial Heights Department of Social Services on March 1, 2013, after 17 years of dedicated service to the citizens of Chesterfield County and the City of Colonial Heights; and WHEREAS, Mrs. Fox began her career with the Chesterfield-Colonial Heights Department of Social Services on May 8, 1995, as a Principal Clerical Aide; and WHEREAS, Mrs. Fox became a Social Worker Aide on September 10, 2005; and WHEREAS, Mrs. Fox was responsible for various administrative duties in support of the Eligibility Division; and WHEREAS, Mrs. Fox assisted customers with applications, answered questions, received telephone calls from the agency switchboard, reviewed customer information for completeness, and maintained confidential information; and WHEREAS, Mrs. Fox was very knowledgeable about the agency's complex programs and services, and always exhibited a professional demeanor in working with customers; and WHEREAS, Mrs. Fox provided exemplary service to the agency's customers, and was well known for her compassion, empathy and strong work ethic; and WHEREAS, Mrs. Fox frequently was cited by her coworkers as being reliable and dependable; and WHEREAS, Mrs. Fox contributed to the agency's mission and goals by serving on work groups such as the Quality Council and the Strategic Planning and Goals Committee; and WHEREAS, Mrs. Fox has been an asset to the Chesterfield- Colonial Heights Department of Social Services and will be greatly missed by her colleagues. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes Mrs. Anna Fox and extends on behalf of its members and the citizens of Chesterfield County, appreciation for her service to the county, congratulations upon her retirement, and best wishes for a long and happy retirement. Ayes: Jaeckle, Elswick, Warren, Holland and Gecker. Nays: None. 8.C.1.a.4. CORPORAL BRIAN MONAHAN, POLICE DEPARTMENT On motion of Mr. Elswick, seconded by Mr. Warren, the Board adopted the following resolution: WHEREAS, Corporal Brian Monahan retired from the Chesterfield County Police Department on February 1, 2013, after providing nearly 25 years of dedicated and professional service to the citizens of Chesterfield County; and 13-84 J J J 02/27/13 WHEREAS, Corporal Monahan began his law enforcement career with the city of New York Police Department; and WHEREAS, Corporal Monahan has faithfully served the county in the capacity of Patrol Officer, Senior Officer, Master Officer and Corporal; and WHEREAS, during his tenure, Corporal Monahan has served as a Field Training Officer, School Resource Officer and as a member of the Police Emergency Response Team in the capacity of Hostage Negotiator; and WHEREAS, Corporal Monahan and fellow School Resource Officers were the recipients of a Unit Citation Award in recognition of their professionalism, teamwork and dedication, after maintaining a criminal clearance rate at a level much higher than expected, in addition to their regular duties; and WHEREAS, Corporal Monahan received a Unit Citation Award as a member of the Police Emergency Response Team for the successful conclusion of many incidents to which they had responded; and WHEREAS, Corporal Monahan was the recipient of an Achievement Certificate for his intuitive investigative skills in the successful resolution of a rash of vandalism incidents in the Bon Air area of the county; and WHEREAS, Corporal Monahan received a Chief's Commendation for his teamwork and professionalism that resulted in the arrest and subsequent confession by the suspect involved in a fatal vehicle crash; and WHEREAS, Corporal Monahan has received numerous letters of commendation, thanks and appreciation during his career from the citizens of Chesterfield County for service rendered; and WHEREAS, Corporal Monahan 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 Corporal Monahan's diligent service. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes Corporal Brian Monahan, and extends on behalf of its members and the citizens of Chesterfield County, appreciation for his service to the county, congratulations upon his retirement, and best wishes for a long and happy retirement. Ayes: Jaeckle, Elswick, Warren, Holland and Gecker. Nays: None. 13-85 02/27/13 8.C.l.b. SUPPORTING THE INSTALLATION OF SIGNS ADVISING OF AN ADDITIONAL MAXIMUM FINE FOR EXCEEDING THE POSTED SPEED LIMIT ON KINGSMILL ROAD, CASTLEBRIDGE ROAD AND OAKENGATE LANE On motion of Mr. Elswick, seconded by Mr. Warren, the Board adopted the following resolution supporting the installation of signs advising of an additional maximum fine for exceeding the posted speed limit on Kingsmill Road, Castlebridge Road and Oakengate Lane: WHEREAS, the Chesterfield County Board of Supervisors has received a request from the Salisbury Homeowners Association to install signs on Kingsmill Road (Route 1019), Castlebridge Road (Route 1025), and Oakengate Lane (Route 1026)indicating a maximum additional fine for speeding of $200, in addition to other penalties provided by law; and WHEREAS, Kingsmill Road, Castlebridge Road and Oakengate Lane are local residential streets with a posted speed limit of 25 mph; and WHEREAS, the Virginia Department of Transportation collected speed data on Kingsmill Road, Castlebridge Road and Oakengate Lane indicating that the 85th percentile speed of vehicles was over 30 miles per hour, and that a speeding problem exists; and WHEREAS, a letter submitted by the Salisbury Homeowners Association indicates that the additional fine has the support of the community. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors requests the Virginia Department of Transportation to install signs advising of an additional maximum $200 fine for exceeding the posted speed limit on Kingsmill Road, Castlebridge Road and Oakengate Lane. Ayes: Jaeckle, Elswick, Warren, Holland and Gecker. Nays: None. 8.C.2. REQUESTS FOR ENTERTAINMENT FESTIVAL PERMITS 8.C.2.a. FOR REITHOFFER SHOWS, INCORPORATED TO CONDUCT CARNIVALS 8.C.2.a.1. AT THE JEFFERSON DAVIS FLEA MARKET On motion of Mr. Elswick, seconded by Mr. Warren, the Board approved the request of Reithoffer Shows, Inc., for an entertainment festival permit to conduct a carnival at the Jefferson Davis Flea Market on May 14 through May 27, 2013, subject to conditions filed with the papers of this Board. Ayes: Jaeckle, Elswick, Warren, Holland and Gecker. Nays: None. 13-86 J J J 02/27/13 8.C.1.a.2. AT CHESTERFIELD TOWNE CENTER On motion of Mr. Elswick, seconded by Mr. Warren, the Board approved the request of Reithoffer Shows, Inc., for an entertainment festival permit to conduct a carnival at Chesterfield Towne Center on March 29 through April 7, 2013, subject to conditions filed with the papers of this Board. Ayes: Jaeckle, Elswick, Warren, Holland and Gecker. Nays: None. 8.C.1.a.3. AT THE CHIPPENHAM SQUARE SHOPPING CENTER On motion of Mr. Elswick, seconded by Mr. Warren, the Board approved the request of Reithoffer Shows, Inc., for an entertainment festival permit to conduct a carnival at the Chippenham Square Shopping Center on April 18 through May 5, 2013, subject to conditions filed with the papers of this Board. Ayes: Jaeckle, Elswick, Warren, Holland and Gecker. Nays: None. 8.C.2.b. FOR THE CHESTERFIELD COUNTY FAIR ASSOCIATION TO CONDUCT THE COUNTY FAIR On motion of Mr. Elswick, seconded by Mr. Warren, the Board granted a music/entertainment festival permit to the Chesterfield County Fair Association for the annual Chesterfield County Fair, subject to compliance with staff recommendations. Ayes: Jaeckle, Elswick, Warren, Holland and Gecker. Nays: None. 8.C.3. STATE ROADS ACCEPTANCE On motion of Mr. Elswick, seconded by Mr. Warren, the Board adopted the following resolution: WHEREAS, the street described below is shown on a plat recorded in the Clerk's Office of the Circuit Court of Chesterfield County; and WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised this Board the street meets the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation. NOW, THEREFORE, BE IT RESOLVED, that this Board requests the Virginia Department of Transportation to add the street described below to the secondary system of state highways, pursuant to Section 33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements. AND, BE IT FURTHER RESOLVED, that this Board guarantees a clear and unrestricted right-of-way, as described, and any necessary easements for cuts, fills and drainage. 13-87 02/27/13 AND, BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. Project/Subdivision: Rachels Way Type Change to the Secondary System miles of State Highways: Addition Reason for Change: New subdivision street Pursuant to Code of Virginia Statute: §33.1-229 Street Name and/or Route Number • Reymet Court, State Route Number 7673 From: Reymet Road (Route 608) To: cul-de-sac, a distance of: 0.42 miles. Recordation Reference: PB 200, PG 87 Right of Way width (feet) = 50 feet Ayes: Jaeckle, Elswick, Warren, Holland and Gecker. Nays: None. 8.C.4. AWARD OF CONSTRUCTION CONTRACTS 8.C.4.a. FOR THE COGBILL ROAD WATER AND SEWER REPLACEMENT PROJECT On motion of Mr. Elswick, seconded by Mr. Warren, the Board awarded a construction contract for County Project #11-0218, Cogbill Road water and sewer replacement, to Lyttle Utilities, Inc., in the amount of $978,140 and authorized the County Administrator to execute the necessary documents. Ayes: Jaeckle, Elswick, Warren, Holland and Gecker. Nays: None. 8.C.4.b. FOR THE ROBIOUS ELEVATED STORAGE TANK PROJECT AT HUGUENOT PARK On motion of Mr. Elswick, seconded by Mr. Warren, the Board awarded a construction contract for County Project #10-0087, Robious elevated 2 MG storage tank at Huguenot Park, to Landmark Structures Management, Inc., in the amount of $4,674,000; transferred $2,337,000 from the rate stabilization reserve project fund to the Robious Elevated 2 MG Storage Tank Project, located adjacent to Huguenot Park; and authorized the County Administrator to execute the necessary documents. Ayes: Jaeckle, Elswick, Warren, Holland and Gecker. Nays: None. 8.C.4.c. FOR RENOVATIONS TO BON AIR LIBRARY - PHASE II On motion of Mr. Elswick, seconded by Mr. Warren, the Board authorized the County Administrator to execute a construction contract with L&M Electric and Plumbing LLC, in the amount of $532,000 for renovations to Bon Air Library - Phase II. Ayes: Jaeckle, Elswick, Warren, Holland and Gecker. Nays: None. 13-88 J J J 02/27/13 8.C.4.d. FOR IMPROVEMENTS TO THE NORTHERN AREA CONVENIENCE CENTER On motion of Mr. Elswick, seconded by Mr. Warren, the Board authorized the County Administrator to execute a contract with Duke Contracting of Virginia, Inc., in the amount of $161,500, for improvements to the Northern Area Convenience Center, located at 3200 Warbro Road. Ayes: Jaeckle, Elswick, Warren, Holland and Gecker. Nays: None. 8.C.5. REQUESTS FOR PERMISSION 8.C.5.a. FROM CHARLES C. BICKES AND JANICE M. STROUD-BICKES TO CONSTRUCT A BOAT DOCK ON FALLING CREEK RESERVOIR On motion of Mr. Elswick, seconded by Mr. Warren, the Board granted Charles C. Bickes and Janice M. Stroud-Bickes permission to construct a boat dock in the impoundment easement for the Falling Creek Reservoir, subject to the execution of a license agreement. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Jaeckle, Elswick, Warren, Holland and Gecker. Nays: None. 8.C.5.b. FROM MELVIN DIAZ AND ELIZABETH CRUZ FOR A PROPOSED PRIVACY FENCE TO ENCROACH WITHIN AN EIGHT-FOOT EASEMENT ACROSS LOT 10, BLOCK A, MEADOWBROOK, CF.C'TTI~N T1 On motion of Mr. Elswick, seconded by Mr. Warren, the Board granted Melvin Diaz and Elizabeth Cruz permission for a proposed privacy fence to encroach within an 8' easement across Lot 10, Block A, Meadowbrook, Section D, subject to the execution of a license agreement. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Jaeckle, Elswick, Warren, Holland and Gecker. Nays: None. 8.C.6. ACCEPTANCE OF PARCELS OF LAND 8.C.6.a. NORTH OF NORTH ENON CHURCH ROAD FROM ECONOMIC DEVELOPMENT AUTHORITY OF THE COUNTY OF CHESTERFIELD On motion of Mr. Elswick, seconded by Mr. accepted the conveyance of parcels of land of 13.835 acres north of North Enon Church Development Authority of the County of authorized the County Administrator to exE is noted a copy of the plat is filed with Board.) Warren, the Board containing a total Road from Economic Chesterfield, and :cute the deed. (It the papers of this Ayes: Jaeckle, Elswick, Warren, Holland and Gecker. Nays: None. 13-89 02/27/13 8.C.6.b. ALONG OTTERDALE ROAD FROM WESTERLEIGH FC, LLC On motion of Mr. Elswick, seconded by Mr. Warren, the Board accepted the conveyance of two parcels of land containing a total of 0.230 acres along Otterdale Road from Westerleigh FC, LLC, and authorized the County Administrator to execute the deed. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Jaeckle, Elswick, Warren, Holland and Gecker. Nays: None. 8.C.6.c. ALONG OTTERDALE ROAD FROM HAZEL P. WOMACK On motion of Mr. Elswick, seconded by Mr. Warren, the Board accepted the conveyance of a parcel of land containing 0.059 acres along Otterdale Road from Hazel P. Womack, and authorized the County Administrator to execute the deed. (It is noted a copy of the plat is filed with the papers of this Board . ) Ayes: Jaeckle, Elswick, Warren, Holland and Gecker. Nays: None. 8.C.7. APPROVAL OF PURCHASE OF PARCEL OF LAND FOR ROAD IMPROVEMENTS FOR HARROWGATE FIRE AND EMERGENCY MEDICAL SERVICES STATION 21 On motion of Mr. Elswick, seconded by Mr. Warren, the Board approved the purchase of 0.118 acres, more or less, from John Pierre Picardat, Jacqueline J. Greer, Norris E. Jones, Jr., Margaret D. Picardat and Robert N. Picardat, for road improvements for Harrowgate Fire and EMS Station 21, and authorized the County Administrator to execute the deed. (It is noted a copy of the plat is filed with the papers of this Board . ) Ayes: Jaeckle, Elswick, Warren, Holland and Gecker. Nays: None. 8.C.9. AUTHORIZE THE COUNTY ADMINISTRATOR TO EXECUTE CONSTRUCTION CONTRACTS 8.C.9.a. FOR ETTRICK PARK NEW ENTRANCE DRIVEWAY AND PARKING IMPROVEMENTS On motion of Mr. Elswick, seconded by Mr. Warren, the Board authorized the County Administrator to execute a construction contract with Perkinson Construction, LLC, for Ettrick Park new entrance driveway and parking improvements in the amount of $197,458. Ayes: Jaeckle, Elswick, Warren, Holland and Gecker. Nays: None. 13-90 J J J 02/27/13 8.C.9.b. FOR LOWE'S SOCCER COMPLEX ENTRANCE ROAD IMPROVEMENTS On motion of Mr. Elswick, seconded by Mr. Warren, the Board authorized the County Administrator to execute a construction contract with Carr Contracting Co., LLC, for the Lowe's Soccer Complex entrance road improvements in the amount of $108,000. Ayes: Jaeckle, Elswick, Warren, Holland and Gecker. Nays: None. 8.C.10. AUTHORIZE THE COUNTY ADMINISTRATOR TO EXECUTE AN AMENDMENT TO AN AGREEMENT WITH THE COMMONWEALTH OF VIRGINIA, DEPARTMENT OF MINES, MINERALS AND ENERGY, DIVISION OF MINED LAND RECLAMATION FOR IMPROVEMENTS TO MID-LOTHIAN MINES PARK On motion of Mr. Elswick, seconded by Mr. Warren, the Board authorized the County Administrator to execute an agreement amendment with the Commonwealth of Virginia, Department of Mines, Minerals and Energy, Division of Mined Land Reclamation (DMME) for improvements to Mid-Lothian Mines Park. Ayes: Jaeckle, Elswick, Warren, Holland and Gecker. Nays: None. 8.C.11. AUTHORIZE ADVANCED PRELIMINARY ENGINEERING AND APPROVE THE TRANSFER AND APPROPRIATION OF FUNDS FOR THE EAST RIVER ROAD WIDENING PROJECT On motion of Mr. Elswick, seconded by Mr. Warren, the Board adopted the following resolution to establish the East River Road Widening Project in Chesterfield County's 2012-2013 through 2017-2018 Secondary Six Year Plan: WHEREAS, the Chesterfield County Board of Supervisors unanimously approved the FY14 Revenue Sharing Projects, including the East River Road Widening Project (1107-020-R74, UPC 104083) on October 24, 2012; and WHEREAS, Virginia State University is rapidly moving forward with plans to construct the Convocation Center; and WHEREAS, it would be Convocation Center and East the same timeframe; and beneficial to complete the River Road Widening Projects in WHEREAS, the East River Road Widening Project is not currently on the Chesterfield County 2012-2013 through 2017- 2018 Secondary Six Year Plan; and WHEREAS, the Board wishes to amend their 2012-2013 through 2017-2018 Secondary Six Year Plan to include the East River Road widening Project; and WHEREAS, the Board wishes to transfer a part of the Revenue Sharing funds currently allocated to the Beach Road at Brandy Oaks Project (0655-020-R95, UPC 91458) to the East River Road Widening Project to advance the authorization of 13-91 02/27/13 preliminary engineering, thereby accelerating the Project's advertisement date and completion date. NOW, THEREFORE, BE IT RESOLVED by the Board that the Chesterfield County 2012-2013 through 2017-2018 Secondary Six Year Plan be amended to include the East River Road Widening Project. AND, BE IT FURTHER RESOLVED that the East River Road Widening Project be designated as a Revenue Sharing Project ; and that $300,000 be transferred from the Beach Road at Brandy Oaks Revenue Sharing Project to the East River Road Revenue Sharing Project; and that these actions be placed on the agenda of the next meeting of the Commonwealth Transportation Board for their approval of this Resolution adopted by the Chesterfield County Board of Supervisors. And, further, the Board transferred county capital project funds totaling $106,390 from the existing Beach Road at Brandy Oaks Revenue Sharing Project to the East River Road Project, and appropriated $193,610 in anticipated Virginia Department of Transportation reimbursement to the East River Road Project. Ayes: Jaeckle, Elswick, Warren, Holland and Gecker. Nays: None. 8.C.12. TRANSFER OF DISTRICT IMPROVEMENT FUNDS FROM EACH DISTRICT 8.C.12.a. TO VIRGINIA STATE UNIVERSITY TO SUPPORT THE VIRGINIA STATE UNIVERSITY CARES DENTAL PROGRAM On motion of Mr. Elswick, seconded by Mr. Warren, the Board transferred a total of $10,000 in district improvement funds ($2,000 from each district) to support the Virginia State University Cares Dental Program. Ayes: Jaeckle, Elswick, Warren, Holland and Gecker. Nays: None. 8.C.12.b. TO THE CHESTERFIELD COUNTY SCHOOL BOARD FOR POST-PROM CELEBRATIONS On motion of Mr. Elswick, seconded by Mr. Warren, the Board transferred $1,800 from the Bermuda District Improvement Fund, $2,300 from the Clover Hill District Improvement Fund, $2,300 from the Dale District Improvement Fund, $1,800 from the Matoaca District Improvement Fund and $2,300 from the Midlothian District Improvement Fund to the Chesterfield County School Board for drug- and-alcohol-free post-prom celebrations, subject to the conditions filed with the papers of this Board. Ayes: Jaeckle, Elswick, Warren, Holland and Gecker. Nays: None. 13-92 J J J 02/27/13 The following item was removed from the Consent Agenda for Board discussion: 8.C.8. AUTHORIZE THE COUNTY ADMINISTRATOR TO EXECUTE A CONSTRUCTION CONTRACT AND APPROPRIATE FUNDS FOR THE RENOVATION OF THE JAMES RIVER HIGH SCHOOL RUNNING TRACK Ms. Jaeckle stated she pulled the item in light of a recent discussion in the School Board Liaison Committee meeting relative to opening the high school running tracks to the general public. She stressed the importance of opportunities to engage the citizens in school activities and maintain a healthy lifestyle. On motion of Ms. Jaeckle, seconded by Mr. Gecker, the Board authorized the County Administrator to execute a construction contract to Precision Sports Surfaces, Inc. in the amount of $211, 558 and approved the transfer of funds in the amount of $260,000 for the renovation to Parks and Recreation. Ayes: Jaeckle, Elswick, Warren, Holland and Gecker. Nays: None. 9. REPORTS 9.A. REPORT ON DEVELOPER WATER AND SEWER CONTRACTS 9.B. REPORT ON STATUS OF GENERAL FUND BALANCE, RESERVE FOR FUTURE CAPITAL PROJECTS, DISTRICT IMPROVEMENT FUNDS AND LEASE PURCHASES On motion of Mr. Holland, seconded by Mr. Gecker, the Board accepted the following reports: a Report on Developer Water and Sewer Contracts; and a Report on Status of General Fund Balance, Reserve for Future Capital Projects, District Improvement Funds and Lease Purchases. Ayes: Jaeckle, Elswick, Warren, Holland and Gecker. Nays: None. 10. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED MATTERS Mr. Dick Page expressed his appreciation to Mr. Brian Chamberlain, staff person assigned to the Chesterfield County Volunteer Sign Removal Program, for his dedication and service to the community. 13-93 02/27/13 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 negotiations strategy of the county. Ayes: Jaeckle, Elswick, Warren, Holland and Gecker. Nays: None. Reconvening: On motion of Mr. Holland, seconded by Mr. Elswick, 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. Gecker: Aye. Mr. Warren: Aye. Ms. Elswick: Aye. Mr. Jaeckle: Aye. 12. DINNER On motion of Mr. Elswick, seconded by Mr. Holland, the Board recessed for dinner in Room 502. Ayes: Jaeckle, Elswick, Warren, Holland and Gecker. Nays: None. Reconvening: 13-94 J J 02/27/13 13. INVOCATION Dr. Sheryl Bailey, Deputy County Administrator, gave the invocation. 14. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Eagle Scout Brandon Ryan Knouse led the Pledge of Allegiance. 15. RESOLUTIONS 15.A. RECOGNIZING MR. BRANDON RYAN KNOUSE_UPON ATTAINING THE RANK OF EAGLE SCOUT Mr. Kappel introduced Mr. Brandon Ryan Knouse, 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. Brandon Ryan Knouse, Troop 2806, sponsored by Woodlake 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, Brandon 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 27th day of February 2013, publicly recognizes Mr. Brandon Ryan Knouse, 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: Jaeckle, Elswick, Warren, Holland and Gecker. Nays: None. Mr. Elswick presented the executed resolution and patch to Mr. Knouse, accompanied by his father, congratulated him on his outstanding achievements, and wished him well in future endeavors. Mr. Knouse provided details of his Eagle Scout project and expressed appreciation to his family and others for their support. 13-95 02/27/13 16. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED MATTERS Mr. Phillip Daniel, Vice President of River's Bend Board of Directors, expressed concerns relative to increased traffic and poor lightning in the area. Mr. Brennen Keene, Chairman of the Chesterfield County Chamber of Commerce, updated the Board on upcoming events the Chamber is hosting and outlined five priorities for the Chamber to work on with the Board of Supervisors and County staff in 2013. Mr. Ralph Carter expressed concerns relative to the county's invocation policy and letter sent to religious leaders, inviting them to give an invocation. 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 135N0134 In Dale Magisterial District, God's Storehouse Baptist Church requests conditional use planned development approval and amendment of zoning district map to permit exception to ordinance requirements relative to reduction in setbacks for parking and drives in a Residential (R-7) District on 3.7 acres known as 5007 Jessup Road. Density will be controlled by zoning conditions or ordinance standards. The Comprehensive Plan suggests the property is appropriate for suburban residential II use (2.0 to 4.0 dwellings per acre). Tax ID 777-686-0543. Mr. Tompkins presented a summary of Case 13SN0134 and stated both the Planning Commission and staff recommended approval and acceptance of the proffered conditions. Mr. Dean Hawkins, representing the applicant, accepted conditions. Ms. Jaeckle called for public comment. Mr. Preston Kenny, an adjacent property owner, expressed concerns relative to the height and length of the proposed fence. Mr. Hawkins stated a six-foot fence was proffered along the parking lot, with the addition of landscaping. He further stated commercial setbacks were imposed and the church is trying to accommodate the adjacent property owner by modifying the proffered condition to increase the height of the fence. In response to Mr. Holland's question, Mr. Kenny stated he requested that the height of the fence be increased and the fence be extended past the existing parking area. 13-96 J J 02/27/13 Mr. Hawkins stated the six-foot fence is a standard buffering height for screening. He further stated 100 more feet of fence is needed to encompass the existing picnic area at the church. He noted the extra length of fence has no relation to parking, but for screening of the cars in the parking lot. Mr. Mincks stated a proffered condition could not be made tonight to add the extra 100 feet of fencing; however, the Board could impose a condition to add the additional fencing. In response to Mr. Holland's questions, Mr. Hawkins stated the cost to the church would be an extra $2,000 for additional fencing. Mr. Holland stated he is inclined to defer the case to give the applicant time to consult with Mr. Hawkins, the adjacent property owner. Mr. Hawkins stated the deferral would not impose a problem. He requested that the case be deferred to the May 22, 2013 regularly scheduled meeting. There being no one else to speak to the request, the public hearing was closed. Mr. Holland made a motion, seconded by Mr. Warren, for the Board to defer Case 13SN0134 until May 22, 2013. Ayes: Jaeckle, Elswick, Warren, Holland and Gecker. Nays: None. 13SN0164 In Matoaca Magisterial District, Debra E. Sirois requests conditional use approval and amendment of zoning district map to permit a business (pet grooming) incidental to a dwelling in an Agricultural (A) District on 5.5 acres known as 8401 Bethia Road. Density will be controlled by zoning conditions or ordinance standards. The Comprehensive Plan suggests the property is appropriate for suburban residential II use (2.0 to 4.0 dwellings per acre). Tax IDs 722-666-4632 and 4962. Mr. Tompkins presented a summary of Case 13SN0164 and stated both the Planning Commission and staff recommended approval, subject to the conditions. Ms. Debra Sirois accepted the conditions. Ms. Jaeckle called for public comment. There being no one to speak to the request, the public hearing was closed. Mr. Elswick expressed concerns relative to imposing numerous conditions on the applicant. Mr. Elswick made a motion, seconded by Mr. Holland, for the Board to approve Case 13SN0164, subject to the following_ conditions: 1. This conditional use shall be granted to and for Debra E. Sirois, exclusively, and shall not be transferable or run with the land. (P) 13-97 02/27/13 2. This conditional use shall be granted for a period of five (5) years from the date of approval. (P) 3. The conditional use shall be limited to the operation of a pet grooming business, for up to a maximum of fifteen (15) animals per day by appointment only. (P) 4. There shall be no boarding, breeding or sale of animals associated with this business. (P) 5. Other than family member employees that live on the premises, only one (1) employee shall be permitted to work on the premises and that employee is limited to part-time for a maximum of twenty-five (25) hours per week. (P) 6. No outside runs or cages shall be permitted to contain the animals. Animals shall only be permitted to be walked outside on a leash as necessary, and shall not be left unattended. (P) 7. The outside area(s) where the animals are walked shall be cleaned and made free of waste daily so as to eliminate odors and proliferation of insects. All solid waste- shall be stored in plastic containers with lids. Such containers shall be legally disposed of offsite at least once each month. (P) 8. No commodity shall be stored or sold on the premises except for light inventory. (P) 9. Only one (1) sign shall be permitted to identify this use. Such sign shall not exceed one (1) square foot in area and shall not be illuminated. (P) 10. No assembly or group instruction shall be permitted. (P) 11. The business shall be permitted to operate between the hours of 7:30 a.m. to 6:00 p.m., Monday through Friday; and, from 10:00 a.m. to 6:00 p.m. on Saturdays. (P) 12. There shall be no exterior buildings, additions, or alterations to the existing dwelling to accommodate this use. (P) 13. No more than one (1) vehicle and one (1) single axle trailer not exceeding thirteen (13) feet in length and 3,200 pounds used in conjunction with the pet grooming business shall be parked on the premises. No equipment shall be stored outside of the dwelling except for equipment stored on the vehicle or trailer used in conjunction with the business. The vehicle and equipment for the use shall be parked on the premises, but a trailer must be parked, except for loading and unloading, either in the rear yard or so that its view is screened from adjacent properties and public roads. (P) Ayes: Jaeckle, Elswick, Warren, Holland ar~d decker. Nays: None. 13-98 J J 02/27/13 13SN0166 In Bermuda Magisterial District, Samuel A. Cleotelis requests conditional use approval and amendment of zoning district map to permit recreational uses (boat ramp, picnic area and pavilion) in a Residential (R-15) District on .6 acre fronting 80 feet on the east line of Sloan Drive, 1250 feet northeast of Mount Blanco Road. Density will be controlled by zoning conditions or ordinance standards. The Comprehensive Plan suggests the property is appropriate for low density residential use (maximum of 1.0 dwelling per acre). Tax ID 828-657-8096. Mr. Tompkins presented a summary of Case 13SN0166 and stated both the Planning Commission and staff recommended approval, subject to the conditions. Mr. Samuel Cleotelis accepted the conditions. Ms. Jaeckle 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 13SN0166, subject to the following conditions: 1. This conditional use shall be granted to the Mount Blanco Park Association, Inc. only and shall not be transferrable or run with the land. (P) 2. Any recreational facilities shall be subject to the following restrictions: a. Outside public address systems or speakers shall not be used. b. With the exception of a boat ramp for launching and loading boats, water related recreational facilities, and picnic areas/pavilions, there shall be no boat storage, parking or other active recreational uses permitted. (P) Ayes: Jaeckle, Elswick, Warren, Holland and Gecker. Nays: None. 13SN0167 (AMENDED) In Dale Magisterial District, Faith Memorial Baptist Church requests conditional use planned development approval and amendment of zoning district map to permit exceptions to ordinance requirements relative to setbacks in an Agricultural (A) District on 6.9 acres known as 6801 Iron Bridge Road. Density will be controlled by zoning conditions or ordinance standards. The Comprehensive Plan suggests the property is appropriate for medium-high density residential use (minimum of 4.0 to 8.0 dwellings per acre) Tax ID 773- 678-1024-00001. Mr. Tompkins presented a summary of Case 13SN0167 and stated both the Planning Commission and staff recommended approval and acceptance of the proffered conditions. Mr. Brennen Keene, representing the applicant, accepted the recommendation. 13-99 02/27/13 Ms. Jaeckle 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. Elswick, for the Board to approve Case 13SN0167 and accept the following proffered conditions: 1. The Textual Statement dated January 4, 2013, shall be considered the master plan. (P) 2. Landscaping shall be installed along the northern side property line as shown on Exhibit A, dated September 5, 2012, revised January 2, 2013, as follows: a. At least one small deciduous tree for each 30 lineal feet and at least one evergreen tree for each 30 lineal feet; b. At least one medium shrub for each 20 lineal feet; and c. Low shrubs and ground cover used appropriately in tree and/or shrub beds; d. Such landscaping shall be installed in accordance with Zoning Ordinance requirements. The exact plant materials and type of plants shall be approved by the Planning Department with site plan approval. (P) Ayes: Jaeckle, Elswick, Warren, Holland and Gecker. Nays: None. 13SN0175 In Bermuda Magisterial District, Amanda Rauber requests manufactured home permit approval and amendment of zoning district map to permit a temporary manufactured home in a Residential (R-7) District on .4 acre known as 2679 Drewrys Bluff Road. Density is approximately 2.5 units per acre. The Comprehensive Plan suggests the property is appropriate for residential use of 7.01-10 units/acre (flexible redevelopment). Tax ID 789-680-8239. Mr. Tompkins presented a summary of Case 13SN0175 and stated staff recommended approval, subject to the conditions. Ms. Amanda Rauber accepted the conditions. Ms. Jaeckle called for public comment. Mr. Wayne Hambright, neighboring property owner, expressed concerns relative to the placement of a temporary manufactured home in the area and to problems associated with the previous manufactured home placed on the subject property. There being no one else to speak to the request, the public hearing was closed. Ms. Jaeckle made a motion, seconded by Mr. Holland, for the Board to defer Case 13SN0175 until April 24, 2013. Ayes: Jaeckle, Elswick, Warren, Holland and Gecker. Nays: None. 13-100 J J J 02/27/13 13SN0504 In Clover Hill Magisterial District, Trebour Family Limited Partnership requests amendment of conditional use planned development (Cases 81SN0072 and 82SN0105) and amendment of zoning district map relative to signage in General Business (C-5) and Light Industrial (I-1) Districts on 10.1 acres known as 9811 Midlothian Turnpike. Density will be controlled by zoning conditions or ordinance standards. The Comprehensive Plan suggests the property is appropriate for Corporate Office use. Tax ID 750-707-3286. Mr. Tompkins presented a summary of Case 13SN0504 and stated both the Planning Commission and staff recommended approval and acceptance of one proffered condition. Mr. Bob Leipertz accepted the recommendation. Ms. Jaeckle called for public comment. There, being no one to speak to the request, the public hearing was closed. Mr. Warren made a motion, seconded by Mr. Gecker, for the Board to approve Case 13SN0504 and accept the following proffered conditions: The applicant hereby amends Condition 35 in Case 81SN0072 to read as follows: The auto dealership shall be permitted two (2) freestanding signs not to exceed a total of 150 square feet. An additional freestanding sign shall be permitted for the auto dealership along the north-south roadway. Other than directional signs and a sign identifying the industrial park, no other freestanding signs shall be permitted. i. Sign A, shown on Exhibit C, shall not exceed 100 square feet and thirty-five (35) feet in height. ii. Sign B, shown on Exhibit C, shall not exceed fifty (50) square feet and ten (10) feet in height. iii. Sign C, shown on Exhibit C, shall not exceed twenty (20) square feet and twelve (12) feet in height. (Staff Note: This Proffered Condition supersedes Condition 35 of Case 81SN0072. The sign package, as required in Condition 1 of Case 825N0105, is deleted.) Ayes: Jaeckle, Elswick, Warren, Holland and Gecker. Nays: None. 13SN0146 In Clover Hill Magisterial District, Christopher Bryan Smith and Camille Elizabeth Smith request conditional use and amendment of zoning district map to permit a business (Stand Up Paddle Board Training) incidental to a dwelling in a Residential (R-9) District on .5 acre known as 7307 Round Ridge Place. Density will be controlled by zoning conditions or ordinance standards. The Comprehensive Plan suggests the property is appropriate for suburban residential II use (2.0 to 4.0 dwellings per acre). Tax ID 764-690-6604. 13-101 02/27/13 Mr. Ryan Ramsey presented a summary of Case 13SN0146 and stated both the Planning Commission and staff recommended approval and acceptance of the proffered conditions. He stated a home occupation (a home office for a stand up paddle board training business) is currently operating from the existing dwelling. He further stated a trailer exceeding the maximum permitted length and number of axles is parked within the rear yard of the property. He stated the applicants indicated disagreement with a condition to continuously cover the parked trailer with a tarp, as requested by their Homeowner's Association. Mr. Allan Smith, representing the applicant, accepted the conditions. Ms. Jaeckle called for public comment. Mr. Charlie Krausse, Vice President of Creekwood Homeowner's Association, stated the association and the applicant were in general agreement of the conditions. In response to Mr. Warren's question, Mr. Krausse stated the restrictive covenants do not permit a trailer of a certain size unless it is completely hidden behind the house. He further stated the trailer's position satisfies the conveyance. There being no one else to speak to the request, the public hearing was closed. Mr. Warren stated he received correspondence from the Chairman of the Architectural Review Board, which complies with the agreement relative to the restrictive covenants. He further stated, he visited the property and was satisfied with the trailer's position. Mr. Warren then made a motion, seconded by Mr. Holland, for the Board to approve Case 13SN0146, with acceptance of the nine proffered conditions in the staff report and the imposition of the following condition as recommended by the Board: 1. Except while loading and unloading, the trailer associated with this business shall be covered by a tarp while parked on the property. (P) And, further, the Board accepted the following proffered conditions: 1) This Conditional Use approval shall be granted exclusively to Christopher Bryan Smith and Camille Elizabeth Smith, and shall not be transferable with the land. (P) 2) This Conditional Use approval shall be for the operation of a stand-up paddle board training business. (P) 3) This Conditional Use approval shall be granted for a period not to exceed ten (10) years from the date of approval. (P) 13-102 J J J 02/27/13 4) No employees shall be permitted to work on the premises other than family member employees that live on the premises. (P) 5) One (1) trailer shall be permitted and limited as follows: a) The trailer shall not exceed fourteen (14) feet in length and two ( 2 ) axles . The trailer shall not exceed 3,200 pounds. (P) 6) The trailer associated with this business shall be parked in the rear yard of the property, except for the purpose of loading and unloading the trailer. The trailer shall be no closer than fifteen (15) feet to any adjacent property (as generally shown on Exhibit A). Other than the trailer identified in Proffered Condition 5, there shall be no additional outside storage associated with this use. (P) 7) No additions or exterior alterations to the existing building or any new building construction shall be permitted to accommodate this use. (P) 8) No clients shall be permitted on the property. (P) 9) There shall be no signs identifying this use. (P) Ayes: Jaeckle, Elswick, Warren, Holland and Decker. Nays: None. Mr. Smith stated the applicant did not agree with the imposed condition. Mr. Mincks stated the Board could impose a condition to the case, noting it was relevant to the land use. 12SN0241 In Midlothian Magisterial District, Stonehenge Village, LLC requests rezoning and amendment of zoning district map from Residential Multifamily (R-MF), Corporate Office (O-2) and Community Business (C-3) to Community Business (C-3) on 37.1 acres fronting 1,980 feet on the south line of Midlothian Turnpike, across from Walmart Way, also fronting the north line of Farnham Drive, south of Midlothian Turnpike. Density will be controlled by zoning conditions or ordinance standards. The Comprehensive Plan suggests the property is appropriate for planned transition and passive recreation/conservation area uses. Tax IDs 734-707-9821; 735-707-0222, 6669 and 9536; 736-707-4093 and 8355; and 737- 707-2091 and 2699. Mr. Robert Clay presented a summary of Case 12SN0241 and stated both the Planning Commission and staff recommended approval and acceptance of the proffered conditions. He further stated the proposed zoning and land uses, properly conditioned, conform to the Midlothian Area Community Plan, which suggest the property is appropriate for planned transition and passive recreation/conservation area uses. He stated the proposed zoning and land uses are representative of and compatible with existing and anticipated area 13-103 02/27/13 development. He further stated several meetings were held tc discuss and attempt to resolve the issues raised by area citizens concerning the proposal. He stated concerns expressed were relative to lighting, the berm, landscaping, noise and traffic. Mr. Brennen Keene, representing the applicant, stated in April 1995, the Board of Supervisors approved a rezoning request consisting of approximately sixty-eight acres from Agricultural (A) and Residential (R-15) to residential townhouse and multi-family, corporate offices and community business. He further stated with that zoning approval, the Board accepted proffered conditions relative to Transportation that, among other things provided a maximum density. He stated based on the proffered maximum density, the zoning case was anticipated to generate approximately 14,760 average daily trips. He further stated to date approximately 106 condominiums and 40-45 townhomes have been developed on the property. He stated the request of the applicant included rezoning from R-MF, O-2, and C-3 to C-3; enhanced package of transportation improvements to address changes development; reduced permitted access points from 4 to 2; no change to location of berms, buffers, or stormwater facilities except additional restrictions, and delete requirement to build office. He reviewed changes since November 15 and February 5, which included added landscaping Exhibits C-1 and C-2 with updates, clarified berm locations and height, defined timing of installation of fence and landscaping; commenced sitework of berm; and built fence section for demonstration purposes. In regards to noise, he stated the issue was reviewed relative to the large tenant building; based upon data from a study of Wal-Mart site in California; and there was a conference call with concerned residents. He reviewed proffer comparisons relative to the previous case and the proposed rezoning. He requested approval of the case. Ms. Jaeckle called for public comment. Mr. Hamilton Agee, President of the Ashington of Stonehenge Homeowner's Association stated he is not in opposition to the rezoning, but believes additional consideration should be made for the neighborhood relative to proffers. He expressed concerns relative to increased traffic, noise pollution, and a possible increase in crime. Ms. Bonnie Agee, resident of Ashington of Stonehenge, stated the proffers have been significantly enhanced. She requested a closer look at what is being offered to protect the neighborhood in exchange for the intensity being provided through the rezoning. She expressed concerns relative to increased traffic and noise pollution. Mr. Peppy Jones, resident of the Midlothian District, expressed concerns relative to the proposal and the older design of the architecture. Mr. Freddy Boisseau stated the tenant took into consideration a way to minimize trespasses and nuisances. There being no one else to speak to the request, the public hearing was closed. 13-104 J J 02/27/13 Mr. Keene noted the applicant has made concessions because of the "big box." He stated the case does delete conditions from the previous case and the "big box" will have to use required architecture conditions. He further stated all concerns have been addressed relative to impacts of the development. Mr. Gecker stated he understands the concerns expressed by neighbors and believes the case has been worked enough and should be voted on. He further stated the hours of operation and the lighting plan are both a significant change from before. He stated the berm, the fence and the enhancements to landscaping are sufficient to mitigate any adverse impact. Mr. Gecker then made a motion, seconded by Ms. Jaeckle, for the Board to approve Case 12SN0241 and accept the following proffered conditions: The Owners and the Developer (the "Developer") in this zoning case, pursuant to Sectionl5.2 2298 of the Code of Virginia (1950 as amended) and the Zoning Ordinance of Chesterfield County, for itself and its successors or assigns, proffers that the development of the property known as Chesterfield County Tax Identification Numbers 734-707-9821, 735-707-0222, 735-707-6669, 735-707-9536, 736-707-4093, 736-707-8355, 737- 707-2091, and 737-707-2699 (the "Property") under consideration will be developed according to the following conditions if, and only if, the request for the rezoning is granted. In the event the request is denied or approved with conditions not agreed to by the Developer, these proffers shall immediately be null and void and of no further force or effect. The application contains seven exhibits described as follows: Exhibit A - Plan titled "Stonehenge Village Shopping Center, Option 1" prepared by RK&K, dated 10/23/2012. Exhibit B - Plan titled "Stonehenge.Village Shopping Center, Option 2" prepared by RK&K, dated 10/23/2012. Exhibit C - Plan titled "Stonehenge Village Shopping Center" prepared by RK&K, dated 8/16/2012, and last revised 9/28/2012. Any details of shown on Exhibit C are not intended to reflect an exact building size, shape, precise location, or design of the building or parking lots, except as expressly set forth in the proffers. Exhibits C.1 - Plan titled "Stonehenge, South Buffer Landscape Plan" prepared by Higgins & Gerstenmaier, dated 2/4/2013. Exhibit C.2 - Plan titled "Stonehenge, East Buffer Landscape Plan" prepared by Higgins & Gerstenmaier, dated 2/4/2013. Exhibit D - Architectural rendering titled "Stonehenge Village, Midlothian," prepared by Freeman Morgan Architects, delineating the front, left, right, and rear elevations. Exhibit E - Plan titled "Stonehenge Shopping Center, BMP Exhibit, Chesterfield County," prepared by RK&K, and dated 9/25/2012. 13-105 02/27/13 1. Site Layout. The Property shall be developed pursuant to one of the two Options set out in Exhibit A or Exhibit B. The location of the various uses are generally shown on Exhibits A and B, respectively, and the parking for the various uses shown on Exhibits A and B will be established at the time of site plan. The buildings delineated on Exhibits A and B are not intended to reflect an exact building size, shape, or precise location but to reflect general locations and their relationships to other uses on the Property. Additional information regarding the uses and building are set forth below. A. Option 1 (i) An in-line shopping center located generally on the western portion of the Property and running east- west generally along the southern boundary of the Property. The in-line shopping center can be one or more multi-tenant buildings. (ii) A "large tenant building" located along the eastern portion of the Property with the front of the building facing west. (iii)Outparcels fronting on Midlothian Turnpike. B. Option 2 (i) An in-line shopping center running east-west generally along the width of the southern boundary of the Property. The in-line shopping center can be one or more multi-tenant buildings. (ii) Outparcels fronting on Midlothian Turnpike. (P) 2. Buffers. A. The following buffers shall be constructed. (i) A 75-foot buffer along the southern boundary of and within the Property where it abuts the R-TH Tract . (NOTE: Pursuant to case 95SN0186 a 25 foot buffer was provided within the R-TH zoned property to the south. ) (ii) A 100-foot buffer along Farnham Drive, the westernmost edge of which shall be located approximately 750 feet from its intersection with Midlothian Turnpike (Route 60) Within this buffer, a berm shall be constructed varying in height from ten (10) to twenty (20) feet and extended to any retention pond or BMP facility along Farnham Drive. (NOTE: This requirement is .the same as set forth in case 95SN0186.) (iii)These buffers shall conform to the requirements of the Zoning Ordinance except as provided in Proffered Condition 2.D. below. 13-106 J J J 02/27/13 (iv) In addition to the Zoning Ordinance requirements, a berm shall be constructed varying in height from fifteen (15) feet to twenty (20) feet, or higher if desired by the Developer, within the Property that is adjacent to the R-TH zoned property. (NOTE: Pursuant to case 95SN0186 a portion of this berm is located on the R-TH zoned property to the south.) B. A pressure treated two-sided solid board privacy fence shall be installed on top of the berm generally in the area shown on Exhibit C and more specifically shown on Exhibit C.1 as "6' P.T. Privacy Fence. The fence shall be a minimum of six (6) feet and increased up to a maximum of eight (8) feet as needed to help minimize views of the parking lot light poles, building mounted lights, and to screen loading docks. In addition, the height of the parking lot light poles shall vary across the Property and as delineated on Exhibit C. C. The Developer shall complete any earthwork needed on the berm to satisfy Proffered Condition 2.A.(iv) Once a section of the berm has been raised to its ultimate height and is stable, the Developer shall install the above referenced fence as set forth in Proffered Condition 2.B. The fence installation shall be phased, provided it is completed no later than June 1, 2013. If construction on the site is halted due to weather or other problem, the fence installation may be delayed the equivalent amount of days the construction has been halted. D. The Developer shall begin installation of the trees (oaks, maples, redbuds) shown on Exhibit C.1 and located on the south side of the fence generally at the same time as the fence installation, provided the tree installation is completed no later than June 1, 2013. If construction on the site or buildings is halted due to weather or other problem, the tree installation may be delayed the equivalent amount of days the construction has been halted. E. The remaining landscaping shown on Exhibits C.1 and C.2 shall (subject to seasonal restrictions) be complete prior to the issuance of any temporary or final certificates of occupancy for any building on the Property. [NOTE: Small ornamental deciduous trees on the commercial side of the berm and fence may be changed to evergreen trees as approved by the Planning Department.] F. Prior to the issuance of any temporary or final certificates of occupancy for any building on the Property, the Developer shall construct a fence, extending from the existing six (6) foot high decorative metal picket fence around the BMP and running along the length of the eastern property line of GPIN 735-707-3648. The fence extending from the existing fence around the BMP shall be the same design as that existing fence provided that it shall be no shorter than four (4) feet in height. 13-107 02/27/13 In addition, at the time of construction of any building or parking that is located along any portion of the eastern property line of GPIN 735- 707-3648, the Developer shall install Perimeter Landscaping C. This landscaping shall include an evergreen hedgerow of shrubs and trees planted in a manner to provide visual separation for car headlights that may shine into GPIN 735-707-3648. The plan for such landscaping shall be approved by the Planning Department at the time of site plan approval. At the time that GPIN 735-707-3648 is developed for commercial and/or office uses, or no longer used for residential purposes, the fence and the landscaping installed pursuant to this section may be removed or changed. G. The Developer shall maintain the landscaping and fences required by this proffered condition. (P) 3. Architecture. A. All shopping center buildings on the Property shall be in keeping with Exhibit D. Franchise-type outparcel buildings or other freestanding commercial users shall be allowed to project their individual corporate images provided the architectural treatment of buildings, including materials, color and style, shall be compatible with the buildings shown on Exhibit D and as provided by the Zoning Ordinance. B. Elevations of the rear walls of any building(s) shall be constructed with architectural elements consistent with the overall architectural treatment shown on Exhibit D. (P) 4. A. B. C. D. E. F. G. H. I. J. K. Uses. The following uses shall not be permitted: Automobile and motorcycle sales, service, and/or repairs. Cocktail lounges and nightclubs. Coin operated dry cleaning, pressing, laundry, and laundromats. Funeral homes or mortuaries. Greenhouses or nurseries, except as an accessory use. Hotels. Indoor flea markets. Material reclamation receiving centers. Motor vehicle consignment lots. Outside public address systems. Residential multifamily and townhouses. 13-108 J J J 02/27/13 L. Taxidermies. M. Theaters. N. Veterinary hospitals and/or commercial kennels. O. Warehouses. (P) 5. Stormwater. A. With the exception of that portion of the Property that drains to the existing pond on the Stonehenge Golf and Country Club property, stormwater shall be stored so that the storage volume is that of a 50- year post-development storm with a release of a 10- year pre-development storm. For that portion of the Property that drains to the existing pond on the Stonehenge Golf and Country Club property, stormwater shall be stored so that the storage volume is that of a 50-year post-development storm with a release of a two-year pre-development storm. B. For any drainage area that will ultimately drain to the existing pond on the Stonehenge Golf and Country Club property, the Developer shall not opt out of the provisions of the Chesapeake Bay Preservation Act as adopted by Chesterfield County. C. The portion of the Property shown on Exhibit E and used for the stormwater management pond with an easement recorded in Deed Book 8190, Page 481-487, shall be limited to stormwater management and not for any commercial or office use or building. (EE) 6. Access. A. Access to Route 60 shall be limited to two (2) entrances/exits. The westernmost access shall be designed and constructed to be shared with the adjacent properties to the west. The exact location of the shared access shall be approved by the Transportation Department. Prior to site plan approval, an access easement, acceptable to the Transportation Department shall be recorded. B. There shall be no vehicular access from the Property to Farnham Drive. (T) 7. Transportation Improvements. To provide an adequate roadway system, the Developer shall be responsible for the following improvements. If any road improvement described herein is provided by others at the time of site plan approval, then such road improvement(s) shall be deemed satisfied. The exact design and length of these improvements shall be approved by the Transportation Department. Alternate road improvements, as requested by the Developer and approved by the Transportation Department, which will provide acceptable levels of service as determined by the Transportation Department, may be substituted for the road improvements identified in this proffered condition: 13-109 02/27/13 A. Construction of an additional lane of pavement (i.e., third through lane) along the eastbound lanes of Route 60 for the entire Property frontage. B. Construction of additional pavement along the eastbound lanes of Route 60 at each approved access to provide a separate right turn lane. C. Construction of a restricted crossover on Route 60 located approximately 600 feet east of the existing Route 60/Walmart Way intersection. D. Construction of additional pavement along the westbound lanes of Route 60 at the restricted crossover to provide a left turn lane. E. Construction of additional pavement along the westbound lanes of Route 60 at the crossover that serves Walmart Way to provide dual left turn lanes into the Property. F. Full cost of traffic signalization modification at the Route 60/Walmart way/Property access. G. Construction of additional pavement at the Property access at its intersection with Route 60/Walmart way to provide a six-lane typical section [i.e. two (2) southbound lanes and four (4) northbound lanes] . H. Dedication to the County of Chesterfield, free and unrestricted, any additional right-of-way (or easements) required for the improvements identified above. (T) 8. Phasing Plan. Prior to any site plan approval, a phasing plan for the required road improvements, as identified in Proffered Condition 7, shall be submitted to and approved by the Transportation Department. The approved phasing plan shall require, among other things, that: 1) prior to the issuance of an occupancy permit for any development, the road improvements identified in Proffered Condition 7.A, 7.B, 7.E, 7.F and 7.G shall be completed as determined by the Transportation Department; and 2) prior to the issuance of an occupancy permit for a cumulative total of more than 7,900 square feet of high turnover sit-down restaurant and 6,200 square feet of quality restaurant, or equivalent density as determined by the Transportation Department, the road improvements as identified in Proffered Condition 7.C and 7.D shall be completed as determined by the Transportation Department. (T) 9. Utilities. The public water and waste water system shall be used. (U) 10. Transportation Density. For transportation purposes, the maximum density of this development shall be 135,000 square feet of supermarket, 75,300 square feet of shopping center, 7,900 square feet of high turnover sit-down restaurant, 6,200 square feet of quality restaurant, and 8,300 square feet J J J 13-110 02/27/13 of fast-food restaurant with drive-thru or equivalent density as determined by the Transportation Department. (T) 11. Site/Use Restrictions. A. No more than one gasoline station shall be permitted on the Property. B. There shall be no parking lot maintenance, sweeping, and normal site maintenance between 11 p.m. and 6 a.m. except in the case of an emergency, hurricane, snow removal, other natural event, or act of God. C. Large tenant building. (i) If a "large tenant building" is constructed on the Property pursuant to Exhibit A (Option 1), all loading areas for that building shall be oriented toward the eastern end of the Property. (ii) The "large tenant building" shall be closed to the public between 12 p.m. and 6 a.m. (iii)The Developer shall post "no idling" signs at the truck docks or loading areas for the "large tenant building." (iv) The parking lot lights for the parking areas associated with the "large tenant building" shown on Exhibit A as shall be dimmed to security levels one hour after the use is closed for business to the public. D. In-Line Shopping Center. (i) The in-line shopping center shall be closed to the public between the hours of 11 p.m. and 6 a.m. (ii) There shall be no truck deliveries for the in-line shopping center between the hours of 11 p.m. and 6 a.m. (iii)The Developer shall post "no idling" and "no deliveries between 11 p.m. and 6 a.m." signs at the truck docks or loading areas for the in-line shopping center. (iv) The parking lot lights for the parking areas associated with the "in-line shopping center" shown on Exhibit A as shall be dimmed to security levels one hour after the use is closed for business to the public. (v) If a grocery store is constructed as part of the in-line shopping center, the grocery store shall not exceed 65,000 square feet gross floor area. (P) E. There shall be no refuse, waste, or recycling pick- up on the Property between 9:00 p.m. and 7:00 a.m. (P) Ayes: Jaeckle, Elswick, Warren, Holland and Gecker. Nays: None. 13-111 02/27/13 13SN0163 In Clover Hill Magisterial District, Willie C. Lee and Juanita M. Lee request conditional use approval and amendment of zoning district map to permit a contractor's storage yard in an Agricultural (A) District on 2.5 acres fronting 230 feet on the west line of Newbys Bridge Road, 390 feet south of Sussex Drive. Density will be controlled by zoning conditions or ordinance standards. The Comprehensive Plan suggests the property is appropriate for suburban residential II use (2.0 to 4.0 dwellings per acre). Tax ID 760-689-7204. Mr. Ryan Ramsey presented a summary of Case 13SN0163 and stated both the Planning Commission and staff recommended denial because the proposed land use does not conform to the Comprehensive Plan, which suggests the property is appropriate for Suburban Residential II use (2.0 to 4.0 dwelling per acre) and the proposed land use is not representative of, nor compatible with, existing and anticipated area residential development. In response to Mr. Warren's question relative to the addendum, Mr. Mincks stated a unanimous vote should be made to suspend the rules. He further stated if the Board is not inclined to vote on the case tonight, it will automatically go on the agenda of April 24, 2013. Mr. Warren expressed concerns with the last minute proffer that was submitted and stated it would be an injustice to hear the case at this time. He stated staff has already indicated denial due to the incompatibility with the Comprehensive Plan requirements. He suggested deferral in order to address the issues of opposing citizens. Mr. Mincks stated no vote would be required if the Board was not inclined to suspend its rules, then it would automatically go the April 24 agenda. Mr. Mike Creasey, an adjacent property owner, stated he does not agree to the deferral request. He expressed concerns relative to access into the site, material buried on the site and impacts on area property values. Mr. Warren expressed concerns relative to the submittal of the addendum. He stated the Board and those in opposition have not had adequate time to review the proffer. Mr. Holland concurred with Mr. Warren's comments to defer the case. Ms. Jaeckle expressed her appreciation to those citizens who came to speak to the proposal. She stated the Board's job is to remain fair to all sides of the case. Mr. Warren cautioned the applicant to not submit additional proffers at the last minute. The Board did not suspend its rules to allow for consideration of the additional proffered condition; therefore, Case 13SN0163 was automatically deferred until April 24, 2013. 13-112 J J J 02/27/13 18. PUBLIC HEARINGS 18.A. TO CONSIDER THE EXERCISE OF EMINENT DOMAIN FOR THE ACQUISITION OF EASEMENTS FOR THE HARROWGATE ROAD FIRE AND EMERGENCY MEDICAL SERVICES STATION Mr. Dupler stated this date and time has been advertised for a public hearing for the Board to consider the exercise of eminent domain for the acquisition of easements for the Harrowgate Road Fire and Emergency Medical Services Station. Ms. Jaeckle called for public comment. There being no one to speak to the issue, the public hearing was closed. Ms. Jaeckle made a motion, seconded by Mr. Holland, for the Board to approve the exercise of eminent domain for the acquisition of easements for the Harrowgate Road Fire and Emergency Medical Services Station. Ayes: Jaeckle, Elswick, warren, Holland and Gecker. 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 8:18 p.m. to Monday, March 11th at 5 p.m. for dinner in Room 502 followed by a budget work session at 6 p.m. in the Public Meeting Room. Ayes: Jaeckle, Elswick, Warren, Holland and Gecker. Nays: None. --- _ N- tegm er Dorot A. aeckle inistrator Chairman 13-113 02/27/13 J J J 13-114 02/27/13