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2014-01-08 MinutesBOARD OF SUPERVISORS MINUTES January 8, 2014 Supervisors in Attendance: Mr. James M. Holland, Chairman Mr. Stephen A. Elswick, Vice Chrm Ms. Dorothy A. Jaeckle Mr. Arthur S. Warren Mr. Daniel A. Gecker Mr. James J. L. Stegmaier County Administrator 14-1 Staff in Attendance: Mr. Mike Bacile, Dir., Purchasing Dr. Sheryl Bailey, Dep. County Administrator, Management Services Ms. Janice Blakley, Clerk to the Board Ms. Patsy Brown, Dir., Accounting Mr. Kevin Bruny, Chief Learning Officer Ms. Debbie Burcham, Exec. Dir., Community Services Board Mr. Allan Carmody, Dir., Budget and Management Ms. Jana Carter, Dir., Juvenile Services Mr. Roy Covington, Dir., Utilities Ms. Mary Ann Curtin, Dir., Intergovtl. Relations Mr. Jonathan Davis, Dir'., Real Estate Assessment Mr. Will Davis, Dir., Economic Development Ms. Emily Dillon, Emer. Management Coordinator, Fire and EM5 Mr. William Dupler, Dep. County Administrator, Community Development Mr. Robert Eanes, Asst. to the County Administrator Mr. Larry Haake, General Registrar Mr. John W. Harmon, Real Property Manager Mr. Donald Kappel, Dir., Public Affairs Mr. Rob Key, Director, General Services Mr. Glenn Larson, Asst. Dir., Planning Mr. Louis Lassiter, Asst. County Administrator Ms. Mary Martin Selby, Dir., Human Resource Services Mr. Jeffrey L. Mincks, County Attorney Chief Edward L. Senter, Fire Department Ms. Marsha Sharpe, Dir., Social Services Mr. Scott Smedley, Dir.,. Environmental Engineering 01/08/14 Ms. Barbara Smith, Interim Director, Transportation Ms. Sarah Snead, Dep. County Administrator, Human Services Mr. Rick Witt, Building Official Mr. Scott Zaremba, Dir., Human Resource Programs Mr. Stegmaier called the regularly scheduled meeting to order at 3:00 p.m. 1. ORGANIZATIONAL MEETING 1.A. ELECTION OF CHAIRMAN AND VICE CHAIRMAN Mr. Stegmaier stated the first order of business would be the election of Chairman. He then opened the floor for nominations. Mr. Warren nominated Mr. Holland to serve as Chairman for 2014. Mr. Warren stated Mr. Holland is a man of impeccable integrity and embodies strong leadership skills. Mr. Gecker made a motion, seconded by Mr. Warren, for the Board to close nominations. Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. The vote on election of Mr. Holland as Chairman of the Board of Supervisors for 2014 was as follows: Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. Mr. Stegmaier congratulated Mr. Holland on being elected as Chairman for 2014. Mr. Holland read the following statement: "First, I want to thank almighty God, who has been kind and gracious to me, over these many years. I want to thank my wife, Judith, who has been my partner for 40 years. I want to thank this Board for its wisdom, its leadership and its integrity. We are here to work together, Board of Supervisors, School Board, Planning Commissioners and all citizens of Chesterfield County, to ensure our citizens the best quality of life provided by the most efficient local government, anywhere. My three goals as we continue our journey towards excellence are to continue to value and enhance each and every county and school employee, people first; to continue to provide outstanding financial leadership and an outstanding financial position, as a AAA-rated county should; and finally, to enhance and provide the best quality of life for all our citizens. I want to thank you for your confidence in me as we seek to work together to make a difference for all the people of Chesterfield County and throughout." Mr. Holland then nominated Mr. Elswick to serve as Vice Chairman for 2014. Mr. Gecker made a motion, seconded by Mr. Warren, for the Board to close nominations. J J J 14-2 01/08/14 Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. The vote on election of Mr. Elswick as Vice Chairman of the Board of Supervisors for 2014 was as follows: Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. Mr. Elswick expressed his appreciation to the Board for their continued support. 1.B. ADOPTION OF PROCEDURES OF THE BOARD OF SUPERVISORS GOVERNING MEETINGS IN 2014 On motion of Mr. Gecker, seconded by Mr. Warren, the Board adopted the Procedures of the Board of Supervisors Governing Meetings in 2014, as submitted. (It is noted a copy of the 2014 Procedures of the Board of Supervisors, as submitted, is filed with the papers of this Board.) Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. l.C. SETTING OF REGULAR MEETING DATES FOR 2014 On motion of Mr. Gecker, seconded by Ms. Jaeckle, the Board adopted the regular meeting date schedule for 2014, as follows: Wednesday, January 8, 2014 at 3:00 p.m. Wednesday, January 22, 2014 at 3:00 p.m. Wednesday, February 12, 2014 at 3:00 p.m. Wednesday, February 26, 2014 at 3:00 p.m. Monday, March 10, 2014 at 6:00 p.m. Wednesday, March 12, 2014 at 3:00 p.m. Wednesday, March 26, 2014 at 3:00 p.m. Wednesday, April 9, 2014 at 3:00 p.m. Wednesday, April 23, 2014 at 3:00 p.m. Wednesday, May 28, 2014 at 3:00 p.m. Wednesday, June 25, 2014 at 3:00 p.m. Wednesday, July 23, 2014 at 3:00 p.m. Wednesday, August 27, 2014 at 3:00 p.m. Wednesday, September 17, 2014 at 3:00 p.m. Wednesday, October 8, 2014 at 3:00 p.m. Wednesday, October 22, 2014 at 3:00 p.m. Wednesday, November 19, 2014 at 3:00 p.m. Wednesday, December 10, 2014 at 3:00 p.m. 14-3 01/08/14 Special Meeting Dates for 2014 Special Budget Work Session - Monday, March 10, 2014 at 6:00 p.m. Budget Public Hearing - March 26, 2014 at 6:30 p.m. Ayes: Holland, Elswick, Jaeckle, Warren and Decker. Nays: None. l.D. CONSIDERATION OF BOARD APPOINTMENTS On motion of Mr. Gecker, seconded by Ms. Jaeckle, the Board suspended its rules to allow simultaneous nomination/ appointment /reappointment of members to serve of various committees/boards. Ayes: Holland, Elswick, Jaeckle, Warren and Decker. Nays: None. o TRI-CITIES AREA METROPOLITAN PLANNING ORGANIZATION (CRATER MPO) On motion of Mr. Decker, seconded by Ms. Jaeckle, the Board simultaneously nominated/reappointed the following members to serve on the Tri-Cities Area Metropolitan Planning Organization (Crater MPO), whose terms are effective immediately and will expire December 31, 2014: Name Ms. Dorothy Jaeckle Ms. Barbara Smith (alternate) Bermuda Ayes: Holland, Elswick, Jaeckle, Warren and Decker. Nays: None. o VIRGINIA'S GATEWAY REGION BOARD On motion of Mr. Gecker, seconded by Ms. Jaeckle, the Board simultaneously nominated/appointed Ms. Dorothy Jaeckle and Mr. Jim Daniels to serve on Virginia's Gateway Region Board, whose terms are effective immediately and expire December 31, 2014. Ayes: Holland, Elswick, Jaeckle, Warren and Decker. Nays: None. Mr. Holland made the following Chairman's appointments: BUDGET AND AUDIT COMMITTEE Mr. Daniel Decker and Mr. James Holland (Unspecified Term) COUNTY EMPLOYEE BENEFITS COMMITTEE Mr. Daniel Decker and Ms. Dorothy Jaeckle (Unspecified Term) JOINT COUNTY/SCHOOL BOARD LIAISON COMMITTEE Mr. Stephen Elswick and Ms. Dorothy Jaeckle (Unspecified Term) . J J J 14-4 01/08/14 2. APPROVAL OF MINUTES FOR DECEMBER 11, 2013 On motion of Mr. Gecker, seconded by Mr. Elswick, the Board approved the minutes of December 11, 2013, as submitted. Ayes: Holland, Elswick, Jaec~le, Warren and Gecker. Nays: Ndne. 3. COUNTY ADMINISTRATOR'S COMMENTS 3.A. COUNTY ADMINISTRATOR'S REPORT • Mr. Stegmaier stated staff looks forward_to working with the Board this year. He further stated 2013 was a great year for the county with the announcement of 14 economic development projects with more than $217 million in investment, including Capital One's Data Center; the expansion at Sabra; and the recent announcement of MedLine Industries' distribution center, among others. k He ,noted the county received 9 NACo awards, 1 VACo award, and, maintained AAA bond ratings and other financial benchmarks while remaining fiscally prudent against a challenging economic climate. • Mr. Stegmaier stated the Governor's Office announced recently that Chesterfield County has been awarded $1.6 million in grants from the Storm Water Local Assistance Fund for the following three projects: Wrens Nest Road-bank stabilization and channel grade control structural retrofits, Midlothian Mines Park stream restoration, and Swift Creek Watershed storm water pond. • Mr. Stegmaier was pleased to report another sports tourism success. He stated the Greater Richmond Aquatic Partnership, GRAP, will host two big swimming events in 2014-the VHSL Group 5 and 6 State Swimming and Diving Championships February 20-22, and the Eastern Zone Long Course Championships in August. • Mr. Stegmaier announced the opening of the "Cook Out" restaurant on Midlothian Turnpike at the site where Daryl's used to be located. He stated, in addition, right down the road at the entrance to Stonebridge a Krispy Kreme Doughnuts is under construction and should open soon. 4. BOARD MEMBER REPORTS There were no Board Member Reports at this time. 5. REQUESTS TO POSTPONE AGENDA ITEMS AND ADDITIONS, DELETIONS OR CHANGES IN THE ORDER OF PRESENTATION On motion of Mr. Warren, seconded by Mr. Gecker, the Board deleted Item 9.C.8., Acceptance of a Grant from the Virginia Department of Environmental Quality; moved Item 9.C.l.a., Resolution Recognizing the Honorable Dorothy A. Jaeckle as 2013 Chairman of the Board of Supervisors, to follow the Resolutions; and adopted the agenda, as amended. Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 14-5 01/08/14 6. RESOLUTIONS 6.A. RECOGNIZING MR. JACK STEWART, JR. AND MS. RUTH P. ROBERTS FOR THEIR SERVICE AS MEMBERS OF THE CHESTERFIELD COMMUNITY SERVICES BOARD Ms. Burcham introduced Ms. Ruth P. Roberts, who was present to receive the resolution. She also noted Mr. Stewart's absence from the meeting. On motion of Mr. Elswick, seconded by Mr. Holland, the Board adopted the following resolution: WHEREAS, Ms. Ruth P. Roberts, serving as an at-large representative, has served as a dedicated and faithful member of the Chesterfield County Community Services Board since her appointment by the Board of Supervisors in December 2004; and WHEREAS, during her term as a member of the Chesterfield County Community Services Board, Ms. Roberts has served with distinction as a member of the Employment and Day Options Committee, the Public Relations Task Force, Chair the Community Relations Committee, and as Secretary and member of the Executive Committee; and WHEREAS, Ms. Roberts was an instrumental member of the Chesterfield County Community Services Board during a period of significant growth in services; and WHEREAS, Ms. Roberts has for a number of years been an active volunteer and concerned citizen of Chesterfield County, serving in numerous leadership capacities such as the Virginia Quality Education in Sciences and Technology Task Force, the Virginia Foundation for Women, Richmond Community Senior Center, Inc., Richmond Youth Services Commission, Friends of the James River Board, and Virginians for Progress; and WHEREAS, Ms. Roberts is acknowledged locally and across the Commonwealth for her dedication and genuine concern for individuals with mental illness and intellectual disabilities. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 8th day of January 2014, hereby expresses its sincere appreciation to Ms. Ruth P. Roberts, for her many years of commitment and significant contribution in the provision of quality Mental Health, Intellectual Disability, and Substance Abuse services to the citizens of Chesterfield County. AND, BE IT FURTHER RESOLVED that resolution be presented to Ms. Roberts resolution be permanently recorded among tt Board of Supervisors of Chesterfield County, And, further, the Board adopted resolution: a copy of the and that this ie papers of this Virginia. the following WHEREAS, Mr. Jack Stewart, Jr., serving as an at-large representative, has served as a dedicated and faithful member of the Chesterfield County Community Services Board since his appointment by the Board of Supervisors in June 2005; and 14-6 J J J 01/08/14 WHEREAS, during his term as a member of the Chesterfield County Community Services Board, Mr. Stewart has served with distinction as a member of the Service Quality Committee, the Community Relations Committee, the Employment/Day Options Committee, and the Nominating Committee; and WHEREAS, Mr. Stewart was an instrumental member of the Chesterfield County Community Services Board during a period of significant growth in services; and WHEREAS, Mr. Stewart has for a number of years been an active and concerned citizen of Chesterfield County and respected member of Chester House. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 8th day of January 2014, hereby expresses its sincere appreciation to Mr. Jack Stewart, Jr., for his many years of commitment and significant contribution in the provision of quality Mental Health, Intellectual Disability, and Substance Abuse services to the citizens of Chesterfield County. AND, BE IT FURTHER RESOLVED that a copy of the resolution be presented to Mr. Stewart and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. Mr. Gecker and Ms. Jaeckle presented Ms. Roberts with the executed resolution and expressed their appreciation for her many years of commitment and dedication for individuals with mental illness and intellectual disabilities. Ms. Roberts, accompanied by members of her family, thanked the Board for the special recognition. 9.C.l.a. RECOGNIZING THE HONORABLE DOROTHY A. JAECKLE AS 2013 CHAIR OF THE BOARD OF SUPERVISORS On motion of Mr. Holland, seconded by Mr. Gecker, the Board adopted the following resolution: WHEREAS, the Honorable Dorothy A. Jaeckle, Supervisor representing the Bermuda District, served as Chair of the Board of Supervisors from January 2013 to December 2013 and during this period, demonstrated outstanding leadership and insight through many challenges and opportunities confronting the county, while responding to the needs of citizens and exhibiting an unwavering dedication to maintaining a high quality of life for Chesterfield County residents; and WHEREAS, under Ms. Jaeckle's chairmanship, the county demonstrated leadership in managing its financial resources, as evidenced by the affirmation of Chesterfield County Utilities' AAA rating for water and sewer revenue bonds following an intensive review process by Fitch Ratings, making it one of only a few utilities in the nation to achieve a AAA rating on its revenue bonds from all three of the top rating services; realizing a cost savings in excess 14-7 01/08/14 of $17 million through sealed bidding and negotiations conducted by the Purchasing Department on behalf of the county and schools; and adopting the FY2014 budget, which allocated more than a third of the new resources to the school system, allowing for a third consecutive year with no classroom impacts, increased the starting salaries for police officers, firefighters, and sheriff deputies, furthered numerous quality-of-life initiatives such as bolstering the funding for library materials, and proactively began to address many of the new state and federal mandates facing the county; and WHEREAS, successes under Ms. Jaeckle's chairmanship include receiving the Government Finance Officer Association's Certificate of Achievement for Financial Reporting for the 32nd consecutive year for the county's Comprehensive Annual Financial Report; earning the Virginia Department of Criminal Justice Services' Certified Crime Prevention Community certification; the employee newsletter, County Comments, being named the top nonprofit internal employee communication by Ragan Communications' PR Daily; receiving the Richmond Real Estate Group's "Impact Award" for economic development work; earning the "Active RVA" certification from Sports Backers for the county's C-Fit program; receiving the Virginia Association of County's "GoGreen Award" for environmental excellence; the Police Department being the first law enforcement agency awarded the Partnership for Life Award by LifeNet for "setting a standard of excellence in donor referrals that save and improve lives"; the Juvenile Drug Court being one of 12 juvenile drug courts in the country selected by the National Center of Juvenile and Family Court Judges to participate in a national drug court learning collaborative project; negotiating a lease with the Commonwealth of Virginia that brought the Virginia Army National Guard to the county airport; Public Affairs receiving 8 National Association of County Information Officers (NACIO) Awards; and the county receiving 9 NACo Achievement Awards and one VACo Achievement Award; and WHEREAS, other successes under Ms. Jaeckle's chairmanship include the voters' approval of bond referendums to provide for the renovations or replacements of ten of the county's oldest schools, the addition of a new elementary school to ease overcrowded classrooms, and the replacement of the county's emergency communications system; implementing a consumer-directed health plan for employees featuring a high deductible plan coupled with a health savings account to encourage healthy living and slow the growth of healthcare costs; the successful closing and relocating of residents at Chimney Corner Trailer Park; completing the structural repairs and renovations to the 1917 Courthouse, and the project winning a "Merit Award for Historic Preservation" from the Virginia Society of the American Institute of Architects; approving the construction of Fire Station 21 on Harrowgate Road, which will improve response times and unit availability; receiving a technology grant from the Governor's office to further the goals of the successful Greenleigh Learning Cottage; beginning construction of an Intermediate Care Facility for individuals with intellectual disabilities; the Chesterfield Juvenile Detention Home assisting the City of Richmond, after the abrupt closure of their juvenile detention facility, by serving as the intake facility and assisting in housing their juvenile detention J J 14-8 01/08/14 population; and acquiring and preserving one of the largest hospital sites of the Civil War at Historic Point of Rocks; and WHEREAS, service enhancements to benefit county citizens include establishing an additional inmate workforce for school grounds maintenance; opening high school tracks for county residents' use; opening of the Stratton Park; partnering with CarMax and Fit4Kids to quickly construct the KaBoom! Playground at Bensley Park; completing the expansion of the Enon Volunteer Fire Department; implementing a Crisis Intervention Team training program to promote better understanding, awareness, and recognition of mental illness; and partnering with the City of Richmond and HCA Chippenham Hospital to establish a Crisis Triage Center, which provides mental health, medical, psychiatric inpatient and law enforcement services all in one location; and completing the addition and renovation project for the Circuit and General District Court building, adding much-needed space and improving service to citizens searching court records; and WHEREAS, major economic and community development successes include the announcement of 14 economic development projects, more than $217 million in investment and 535 new jobs; announcing the construction of a 600-unit, urban style multifamily complex in Stonebridge; the addition of a number of new tenants in the Stonebridge development; Sabra Dipping Company beginning construction on an expansion, which will double the capacity for the production of hummus products, and also completing the construction of its Center of Excellence Research and Development facility; Capitol One completing construction of its Meadowville Data Center; Amazon completing the addition of a second pick module in its new fulfillment center; completing numerous Phase 1 Comprehensive Plan Implementation projects; initiating the Ettrick VSU Special Area Plan, the first Special Plan amendment to the Comprehensive Plan; initiating the county's first Revitalization Strategy; initiating a countywide Utilities Ordinance; revitalizing the county's largest apartment complex, Regency Lakes Apartments, now rebranded as Crystal Lakes Apartments; partnering with the Virginia Department of Transportation to match $10 million in state funds to fund $20 million in road projects; and completing a number of road projects, including Route 10 widening from I- 95 to Ware Bottom Springs Road; Branders Bridge Road shoulders from Old Happy Hill Road to Happy Hill Road; Newbys Bridge Road at Jacobs Roads curve and turn lane, as well as sidewalk projects in Walton Park and on Kelly Green Drive; and WHEREAS, the successful year culminated with a number of exciting events, including the Reams Gordon Library groundbreaking ceremony; the first annual Tacky Light Run in cooperation with Sports Backers; and the announcement by MedLine Industries of construction of its medical products distribution center in Meadowville. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes the county's many accomplishments and applauds its 2013 Chair, the Honorable Dorothy A. Jaeckle. 14-9 01/08/14 AND, BE IT FURTHER RESOLVED that the Board of Supervisors does hereby present Ms. Jaeckle with a plaque recognizing her distinguished service as chair from January 2013 to December 2013. Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. Mr. Holland presented the executed resolution to Ms. Jaeckle and commended her on her excellent service to Chesterfield County. Mr. Stegmaier presented Ms. Jaeckle with a plaque recognizing her service as Chair and expressed appreciation for her dedication and service to the county. Mr. Elswick highly praised Ms. Jaeckle for her leadership and stated it was an honor to be Vice Chairman. Mr. Warren congratulated and commended Ms. Jaeckle on a very successful year as Chair. Mr. Gecker also applauded Ms. Jaeckle for her many accomplishments as Chair and congratulated her on a demanding and prosperous year. Ms. Jaeckle expressed her appreciation to the Board for the recognition and for their support. She commended staff for continuing to drive the county forward in a good direction. She also thanked Ms. Blakley for keeping her on track. 7. WORK SESSIONS There were no Work Sessions at this time. 8. DEFERRED ITEMS 8.A. SET DATE FOR PUBLIC HEARING TO CONSIDER THE RESTRICTION OF THROUGH TRUCK TRAFFIC ON NORTH ENON CHURCH ROAD Ms. Smith stated the Board is requested 2014, as a public hearing to consider through truck traffic on North Enon Chu Lane to Meadowville Road. She noted the deferred to address the limits of the illegal sign on the road. to set February 12, the restriction of rch Road from Leslie item was previously restriction and an In response to Mr. Gecker's question, Ms. Smith stated the new proposal limits through truck traffic from Leslie Lane to Meadowville Road. She further stated there are some businesses between Leslie Lane and Meadowville Technology Parkway which prevent that section of roadway to be included in the restriction. Ms. Jaeckle noted there was an illegal sign on the road. Ms. Jaeckle then made a motion, seconded by Mr. Gecker, for the Board to set February 12, 2014, as a public hearing to consider the restriction of through truck traffic on North Enon Church Road from Leslie Lane to Meadowville Road, and authorize the advertisement for that hearing. Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. J J J 14-10 01/08/14 9. NEW BUSINESS 9.A. APPOINTMENTS On motion of Mr. Gecker, seconded by Mr. Warren, the Board suspended its rules at this time to allow for simultaneous nomination/appointment/reappointment to the Petersburg Area Regional Tourism Board, Richmond Region Tourism Board, Appomattox River Water Authority Board, South Central Wastewater Authority Board, and the Central Virginia waste Management Authority Board. Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 9.A.1. PETERSBURG AREA REGIONAL TOURISM BOARD On motion of Ms. Jaeckle, seconded by Mr. Gecker, the Board simultaneously nominated/appointed Mr. Anil Patel to serve on the Petersburg Area Regional Tourism Board, whose term is effective immediately and will expire June 30, 2015. Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 9.A.2. RICHMOND REGION TOURISM BOARD On motion of Mr. Gecker, seconded by Ms. Jaeckle, the Board simultaneously nominated/appointed Mr. Neil Amin to serve on the Richmond Region Tourism Board, whose term is effective immediately and will expire on December 31, 2016. Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 9.A.3. APPOMATTOX RIVER WATER AUTHORITY BOARD On motion of Mr. Gecker, seconded by Ms. Jaeckle, the Board simultaneously nominated/appointed/reappointed Mr. James J.L. Stegmaier, County Administrator, and alternate members Mr. William D. Dupler, Deputy County Administrator, and Mr. Roy E. Covington, Director of Utilities, to serve on the Appomattox River water Authority Board, whose terms are effective immediately and will expire on November 21, 2017. Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 9.A.4. SOUTH CENTRAL WASTEWATER AUTHORITY BOARD On motion of Mr. Gecker, seconded by Ms. Jaeckle, the Board simultaneously nominated/appointed/reappointed Mr. James J.L. Stegmaier, County Administrator, and alternate members Mr. William D. Dupler, Deputy County Administrator, and Mr. Roy E. Covington, Director of Utilities, to serve on the South Central Wastewater Authority Board, whose terms are effective immediately and will expire on November 21, 2017. Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 14-11 01/08/14 9.A.5. CENTRAL VIRGINIA WASTE MANAGEMENT AUTHORITY BOARD On motion of Mr. Gecker, seconded by Ms. Jaeckle, the Board simultaneously nominated/reappointed Mr. Jeffery Howard as an alternate board member of the Central Virginia Waste Management Authority Board, whose term is effective immediately and will expire on December 31, 2017. Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 9.B. STREETLIGHT COST APPROVAL On motion of Mr. Holland, seconded by Mr. Warren, the Board approved the following streetlight installation: Matoaca District • In the Eagle Cove subdivision, in the cul-de-sac of Talon Point Court Cost to install streetlight: $2,353.37 (Design Cost: $435.00) Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 9.C. CONSENT ITEMS 9.C.1. ADOPTION OF RESOLUTIONS 9.C.l.b. RECOGNIZING COUNTY EMPLOYEES UPON THEIR RETIREMENT 9.C.1.b.2. MS. DONNA H. BAKER, UTILITIES DEPARTMENT On motion of Ms. Jaeckle, seconded by Mr. Gecker, the Board adopted the following resolution: WHEREAS, Ms. Baker retired from the Chesterfield County Utilities Department on December 3, 2013; and WHEREAS, Ms. Baker began her public service with Chesterfield County on June 18,1990, when she was hired by the Chesterfield County Utilities Department as a Laboratory Technician and has served faithfully until her retirement; and WHEREAS, Ms. Baker performed daily laboratory analysis on the plant process for the Falling Creek and Proctors Creek Wastewater Treatment Plants; and WHEREAS, from 1990 to 2013, Ms. Baker brought the Chesterfield County Utilities Department into the new millennium as a responsible protector of the environment by performing countless laboratory tests to ensure the treatment of the wastewater was safe, reliable and environmentally sound; and WHEREAS, Ms. Baker strived to ensure the Chesterfield County Department of Utilities was an employer of choice by assisting with the training of new laboratory staff to provide the employees with the knowledge and skills needed to be a high-performing work force; and J J J 14-12 01/08/14 WHEREAS, Ms. Baker was highly respected for her knowledge and work ethic by her peers and co-workers; and WHEREAS, Ms. Baker willingly and faithfully worked to ensure continued compliance of the Falling Creek and Proctors Creek Wastewater Treatment Plants until her retirement; and WHEREAS, throughout her career with Chesterfield County, Ms. Baker displayed dependability, aptitude, values and good character. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes Ms. Donna H. Baker and extends on behalf of its members and citizens of Chesterfield County, appreciation for more than 23 years of exceptional service to the county. Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 9.C.l.c. RECOGNIZING MR. CORY AARON JOHNSON UPON ATTAINING THE RANK OF EAGLE SCOUT On motion of Ms. Jaeckle, seconded by Mr. Gecker, 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. Cory Aaron Johnson, Troop 800, sponsored by Bethel Baptist 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, Cory 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 recognizes Mr. Cory Aaron Johnson, 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: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 14-13 01/08/14 9.C.2. SET DATE FOR PUBLIC HEARING TO CONSIDER AN AMENDMENT TO THE COUNTY CODE RELATIVE TO TEMPORARY FAMILY HEALTH CARE UNITS On motion of Ms. Jaeckle, seconded by Mr. Gecker, the Board set February 12, 2014, as the date for a public hearing to consider an amendment to the County Code relative to temporary family health care units. Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 9.C.3. AUTHORIZE THE RECEIPT AND APPROPRIATION OF 2013 STATE HOMELAND SECURITY PROGRAM GRANT FUNDS TO MANAGE A REGIONAL PROJECT FOR THE CENTRAL VIRGINIA ALL-HAZARDS INCIDENT MANAGEMENT TEAM On motion of Ms. Jaeckle, seconded by Mr. Gecker, the Board authorized the Fire and EMS Department, to receive and appropriate $160,000 in grant funds from the State Department of Homeland Security for training expenses associated with the management of the Central Virginia All-Hazards Incident Management Team (CVAHIMT). Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 9.C.4. AUTHORIZATION FOR COUNTY ATTORNEY TO PETITION THE CIRCUIT COURT, ON BEHALF OF THE BOARD OF SUPERVISORS, FOR A WRIT OF ELECTION TO FILL THE VACANCY IN THE OFFICE OF SHERIFF OF CHESTERFIELD COUNTY On motion of Ms. Jaeckle, seconded by Mr. Gecker, the Board authorized the County Attorney to petition the Circuit Court, on behalf of the Board of Supervisors, for a Writ of Election to fill the vacancy in the office, of Sheriff of Chesterfield County. Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 9.C.5. AUTHORIZE THE RECEIPT AND APPROPRIATION OF THE 2013 EMERGENCY MANAGEMENT PERFORMANCE GRANT On motion of Ms. Jaeckle, seconded by Mr. Gecker, the Board accepted a grant in the amount of $76,409 and appropriated $50,009 in grant funding for the 2013 Emergency Management Performance Grant. Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 9.G.6. QUEST FOR ENTERTAINMENT FESTIVAL PERMIT FROM THE CHESTERFIELD COUNTY CHAMBER OF COMMERCE FQR THE CELEBRATION OF THE VINE WINE FESTIVAL On motion of Ms. Jaeckle, seconded by Mr. Gecker, the $oard granted a music/entertainment festival permit to the Chesterfield County Chamber of Commerce for the Celebration of the Vine Wine Festival to be held on April 12; 2014 from 11 a.m. to 6 p.m., subject to the conditions. Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. _ 14-14 J J J 01/08/14 9.C.7. TRANSFER OF ANTICIPATED VIRGINIA DEPARTMENT OF TRANSPORTATION REIMBURSEMENTS AND AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT FOR THE ROUTE 60 MALL ACCESS IMPROVEMENT PROJECT On motion of Ms. Jaeckle, seconded by Mr. Gecker, the Board transferred $200,000 in anticipated VDOT reimbursements from the Route 60 (Alverser to Old Buckingham) Widening Project; authorized the award of a construction contract, up to $550,000, to the lowest responsive and responsible bidder; and authorized the County Administrator to execute all necessary change orders for the work, up to the full amount budgeted, for the project. Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 9.C.9. REQUESTS FOR PERMISSION 9.C.9.a. FROM PAUL L. DAVIS AND PATRICIA M. DAVIS FOR A PROPOSED FENCE TO ENCROACH WITHIN AN EIGHT-FOOT EASEMENT ACROSS LOT 2, QUEENSGATE, A RESUBDIVISION OF LOTS 24 AND 25, SECTION 1 On motion of Ms. Jaeckle, seconded by Mr. Gecker, the Board granted Paul L. Davis and Patricia M. Davis permission for a proposed fence to encroach within an 8' easement across Lot 2, Queensgate, A Resubdivision of Lots 24 and 25, Section 1, subject to the execution of a license agreement. (A copy of the plat is filed with the papers of this Board.) Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 9.C.9.b. FROM BARNEY MCLAUGHLIN AND MARTHA MCLAUGHLIN TO INSTALL A PRIVATE SEWER SERVICE WITHIN A PRIVATE EASEMENT TO SERVE PROPERTY ON LEE STREET On motion of Ms. Jaeckle, seconded by Mr. Gecker, the Board granted Barney McLaughlin and Martha McLaughlin permission to install a private sewer service within a private easement to serve property at 4619 Lee Street, and authorized the County Administrator to execute the sewer connection fee. (A copy of the plat is filed with the papers of this Board.) Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 9.C.9.c. FROM DEAN T. MILLER AND AMY P. MILLER FOR A PROPOSED FENCE TO ENCROACH WITHIN AN EIGHT-FOOT EASEMENT ACROSS LOT 9, QUEENSGATE, SECTION 1 On motion of Ms. Jaeckle, seconded by Mr. Gecker, the Board granted Dean T. Miller and Amy P. Miller permission for a proposed fence to encroach within an 8' easement across Lot 9, Queensgate, Section 1, subject to the execution of a license agreement. (A copy of the plat is filed with the papers of this Board.) Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 14-15 01/08/14 9.C.10. REQUESTS TO QUITCLAIM 9.C.10.a. A VARIABLE WIDTH VIRGINIA DEPARTMENT OF TRANSPORTATION SLOPE AND DRAINAGE EASEMENT ACROSS THE PROPERTY OF MARSHA DEGONIA On motion of Ms. Jaeckle, seconded by Mr. Gecker, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute a quitclaim deed to vacate variable width VDOT slope and drainage easement across the property of Marsha DeGonia. (A copy of the plat is filed with the papers of this Board.) Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 9.C.10.b. VARIABLE WIDTH STORM WATER MANAGEMENT SYSTEM/BEST MANAGEMENT PRACTICE EASEMENTS AND A VARIABLE WIDTH STORM WATER MANAGEMENT/BEST MANAGEMENT PRACTICE ACCESS EASEMENT ACROSS THE PROPERTY OF BON SECOURS-SAINT FRANCIS MEDICAL CENTER, INCORPORATED On motion of Ms. Jaeckle, seconded by Mr. Gecker, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute a quitclaim deed to vacate variable width SWM/BMP easements and a variable width SWM/BMP access easement across the property of Bon Secours-St. Francis Medical Center, Inc. (A copy of the plat is filed with the papers of this Board.) Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 9.C.11. RENEWAL OF LEASE OF THE EPISCOPAL CHURCH OF OUR SAVIOUR TO PROVIDE SENIOR CITIZEN PROGRAMS On motion of Ms. Jaeckle, seconded by Mr. Gecker, the Board authorized the County Administrator to enter into a lease agreement with The Episcopal Church of Our Saviour to provide senior citizen programs. Ayes: Holland, Elswick, Jaeckle, Warren and Gecker Nays: None. The following item was removed from the Consent Agenda for Board discussion: 9.C.1.b.1. MRS. PAMELA M. CIMBURKE, EMERGENCY COMMUNICATIONS CENTER Mr. Elswick stated he was disappointed, but not surprised, to hear that Mrs. Cimburke declined to be recognized at the meeting. He highly praised Ms. Cimburke for her many years of loyal and dedicated service to the citizens of Chesterfield County. On motion of Mr. Elswick, seconded by Mr. Holland, the Board adopted the following resolution: J J 14-16 01/08/14 WHEREAS, Mrs. Pamela Cimburke began her public service with Chesterfield County as a Dispatcher in November 1982 in the Emergency Communications Center, and faithfully served Chesterfield County for 31 years until February 1, 2014; and WHEREAS, Mrs. Cimburke was able to adapt to the ever- changing environment and growth within the county and the Emergency Communications Center, and participated in upgrades of the enhanced 9-1-1 system, the county's radio system, Computer-Aided Dispatch System and the In-Focus System (IFAS) throughout her career; and WHEREAS, Mrs. Cimburke has served in the positions of Dispatcher, Supervisor, Accreditation Manager, Emergency Medical Dispatch (EMD) Manager, and Programs Manager during her career; and WHEREAS, Mrs. Cimburke developed and implemented the Emergency Medical Dispatch (EMD) program for all Emergency Communications Officers in 1995; and WHEREAS, Mrs. Cimburke developed and implemented the first Quality Assurance Program for medical calls within the Emergency Communications Center in 1995; and WHEREAS, Mrs. Cimburke was named the Emergency Communications Officer of the Year for 1989, 1996 and 2006; and WHEREAS, Mrs. Cimburke was presented EMS Lifesave Awards in 1987 and 1990 for the successful application of pre- arrival instructions that resulted in the saving of a life; and WHEREAS, Mrs. Cimburke has displayed a dedication to the Emergency Communications Center by diligently working towards and achieving initial accreditation and two subsequent re- accreditations through the Commission on Accreditation for Law Enforcement Agencies (CALEA); and WHEREAS, Mrs. Cimburke has displayed a dedication to diversity in the workplace while diligently managing the Regional Recruitment Committee; and WHEREAS, Mrs. Cimburke has provided a high level of commitment to her work performance as a thorough and conscientious employee; and WHEREAS, Mrs. Cimburke has provided the Emergency Communications Center and Chesterfield County with many years of loyal and dedicated service; and WHEREAS, Chesterfield County and the Board of Supervisors will miss Mrs. Cimburke and her diligent service. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes Mrs. Pamela M. Cimburke, 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: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 14 -17 01/08/14 10. REPORTS 10.A. REPORT ON DEVELOPER WATER AND SEWER CONTRACTS 10.B. REPORT ON STATUS OF GENERAL FUND BALANCE, RESERVE FOR FUTURE CAPITAL PROJECTS, DISTRICT IMPROVEMENT FUNDS AND LEASE PURCHASES On motion of Mr. Gecker, seconded by Ms. Jaeckle, 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: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 11. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED MATTERS Mr. Bob Olsen expressed concerns relative to the Board of Supervisors' policies and procedures. 12. DINNER On motion of Mr. Gecker, seconded by Mr. Elswick, the Board recessed to Room 502 for dinner. Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. Reconvening: 13. INVOCATION Mr. Allan Carmody, Director of Budget and Management gave the invocation. 14. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Eagle Scout Alexander Kyle Spillman led the Pledge of Allegiance. 15. RESOLUTIONS 15.A. RECOGNIZING BOY SCOUTS UPON ATTAINING THE RANK OF EAGLE SCOUT Mr. Kappel introduced Mr. Alexander Kyle Spillman and Mr. Patrick James Tuite, who were present to receive the resolutions. On motion of Mr. Holland, seconded by Ms. Jaeckle, the Board adopted the following resolution: J J J 14-18 01/08/14 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. Alexander Kyle Spillman and Mr. Patrick James Tuite, both of Troop 869, sponsored by Salisbury Presbyterian Church, have accomplished those high standards of commitment and have reached the long- sought goal of Eagle Scout, which is received by only four percent of those individuals entering the Scouting movement; and WHEREAS, growing through their experiences in Scouting, learning the lessons of responsible citizenship, and endeavoring to prepare themselves for a role as leaders in society, Alex and Patrick have distinguished themselves as members 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 8th day of January 2014, publicly recognizes Mr. Alexander Kyle Spillman and Mr. Patrick James Tuite, extends congratulations on their attainment of Eagle Scout, and acknowledges the good fortune of the county to have such outstanding young men as its citizens. Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. Mr. Gecker presented the executed resolutions and patches to each of the Eagle Scouts, accompanied by members of their families, congratulated them on their outstanding achievements, and wished them well in future endeavors. Each of the scouts provided details of their Eagle Scout project and expressed appreciation to their parents and others for their support. . 15.B. RECOGNIZING BATTALION CHIEF DAVID E. BAILEY, FIRE AND EMERGENCY MEDICAL SERVICES DEPARTMENT, UPON HIS RETIREMENT Chief Senter introduced Battalion Chief David E. Bailey, who was present to receive the resolution. On motion of Mr. Holland, seconded by Ms. Jaeckle, the Board adopted the following resolution: WHEREAS, Battalion Chief David E. Bailey retired from the Chesterfield Fire and Emergency Medical Services Department, Chesterfield County, on January 1, 2014; and 14-19 01/08/14 WHEREAS, Chief Bailey served as a volunteer firefighter and lieutenant with the Bensley Volunteer Fire Company; and WHEREAS, Chief Bailey served as a dispatcher for Chesterfield Fire and EMS beginning on November 9, 1978; and WHEREAS, Chief Bailey graduated from Recruit School #10 in 1979, and has faithfully served the county and its citizens for 35 years in various assignments, from firefighter to battalion chief; and WHEREAS, Chief Bailey served as a firefighter at the Ettrick Fire and EMS Station; and WHEREAS, Chief Bailey was promoted to Sergeant, Lieutenant, and Captain and served at the Wagstaff Circle and the Airport Fire and EMS Stations; and WHEREAS, Chief Bailey was promoted to Senior Captain in 1997, and served as the Deputy Director of the Training and Safety Division, and as the Administrative Officer on "B" Shift, and as the Director of the Information Management and Technology Division; and WHEREAS, Chief Bailey was promoted to Battalion Chief in 2004 and served in the Emergency Operations Division as a Battalion Chief in both the northern and western battalions; and WHEREAS, Chief Bailey served as a member of the Hazardous Materials Team beginning in 1991, achieving the positions of Technician and Specialist, and served as the team training officer for five years; and WHEREAS, Chief Bailey served as an Advanced Life Support provider for 15 years; and WHEREAS, Chief Bailey received a Chesterfield Fire and EMS Life Save Award for his actions on August 31, 1996; and WHEREAS, Chief Bailey has been a lifelong learner throughout his career, obtaining his Associates of Science degree in Administration of Justice, his Bachelors of Science degree in Safety, and his Masters of Science degree in Public Administration; and WHEREAS, Chief Bailey continued his education by completing numerous National Fire Academy courses and completing the Executive Fire Officer Program and Chief Officer Training Curriculum at the National Fire Academy; and WHEREAS, Chief Bailey further expanded his knowledge by completing the Professional Development Series and the Advanced Professional Series at the Emergency Management Institute; and WHEREAS, Chief Bailey was instrumental in creating the department's first Smoke Detector Program for citizens who did not have a working smoke detector in their home; and WHEREAS, Chief Bailey authored the Chesterfield Fire and EMS procedure on Operational Preparedness following the attacks on the United States on September 11, 2001; and J J J 14-20 01/08/14 WHEREAS, Chief Bailey served as Logistics Section Chief for the Incident Management Team that responded to St. Bernard's Parish, Louisiana following Hurricanes Katrina and Rita; and WHEREAS, Chief Bailey served on the Central Virginia Urban Security Initiative (UASI) and served as Chairman of the Planning Committee for that group; and WHEREAS, Chief Bailey served as the project manager of the Richmond Metro Chief Officer Working Group to create a regional guideline for fighting fires in "Big Box" types of commercial occupancies and served as a member of the Richmond Metro Hazardous Materials Team Working Group; and WHEREAS, Chief Bailey was very active in County Total Quality Initiative projects, serving as an instructor and a facilitator, and he also served on the Instructional Model Subgroup for the Chesterfield University development; and WHEREAS, Chief Bailey served as a facilitator and member of the CFEMS Strategic Planning Steering Committee and Co- Chair of the CFEMS Quality Council. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 8th day of January 2014, publicly recognizes the contributions of Battalion Chief David E. Bailey, expresses the appreciation of all residents for his service to the county, and extends appreciation for his dedicated service and congratulations upon his retirement. AND, BE IT FURTHER RESOLVED that a copy of this resolution be presented to Chief Bailey and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. Mr. Holland presented the executed resolution to Chief Bailey and commended him on his many years of loyal and dedicated service. Ms. Jaeckle, Mr. Warren, Ms. Jaeckle and Mr. Elswick all highly praised Chief Bailey on his accomplishments and devoted service to county citizens. Mr. Stegmaier presented Chief Bailey with an acrylic statue and county watch, congratulated him on his retirement and expressed appreciation for his outstanding service to the county. Chief Bailey, accompanied by his family, expressed his appreciation to the Board for the special recognition. Mr. Warren recognized Scoutmaster Andy Clark and members of Troop 845, who were in the audience.. Mr. Holland recognized Boy Scout Nathaniel Carter, a member of Troop 2880, sponsored by Beulah United Methodist Church, who was also in the audience. 14-21 01/08/14 16. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED MATTERS Pastor Shawn Franco and Pastor Neil Wheeler presented the Board with a petition of thanksgiving and prayer from the Chesterfield citizens of Chesterfield County churches. John Pettengill addressed the Board relative to cash proffers. 17. PUBLIC HEARINGS 17.A. TO CONSIDER AMENDING SECTION 5-6 OF THE COUNTY CODE RELATING TO THE REMOVAL OF DERELICT NONRESIDENTIAL STRUCTURES Mr. Witt stated this date and time has been advertised for a public hearing for the Board to consider amending Section 5-6 of the County Code relating to the removal of derelict nonresidential structures as permitted by Section 15.2-906 of the Code of Virginia. In response to Ms. Jaeckle's question relative to the definition of defacement, Mr. Witt stated defacement refers to open windows, graffiti, etc. In response to Ms. Jaeckle's question, Mr. Mincks stated the ordinance states the removal process is enacted once the property is deemed unsafe to public health or safety, because state law requirements. He further stated (f) is a new provision relative to permitting the removal of a derelict nonresidential building or structure by the county with the consent of the property owner and imposition of a lien on the property to recover removal costs. Mr. Holland called for public comment. There being on one to address the issue, the public hearing was closed. Mr. Gecker noted the General Assembly passed a bill which authorizes the county to adopt the ordinance. Mr. Gecker then made a motion, seconded by Ms. Jaeckle, for the Board to adopt the following ordinance: AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING AND RE-ENACTING SECTION 5-6 RELATING TO DERELICT STRUCTURES BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Section 5-6 of the Code of the County of Chesterfield, 1997, as amended, is amended and re-enacted to read as follows: Sec. 5-6. Authority to remove, repair or secure unsafe, derelict, or defaced structures. (a) The building official may require property owners to remove, repair or secure any building, wall or other structure which is located on their property and which J J J 14-22 01/08/14 the building official has determined (i) poses a danger to public health or safety or (ii) has a defacement that is visible from a public right-of-way. (b) If the building official determines that a building, wall or structure poses a danger to public health or safety, or has a defacement that is visible from a public right-of-way, he shall cause a notice to be served on the owner and any recorded lien holder of the building, wall or other structure, requiring the owner to remove, repair or secure the building, wall or other structure. For purposes of this section, repair may include maintenance work to the exterior of a building to prevent deterioration of the building or adjacent buildings. For purposes of this section, reasonable notice includes a written notice (i) mailed by certified or registered mail, return receipt requested, sent to the last known address of the property owner and (ii) published once a week for two successive weeks in a newspaper having general circulation in the county. No action shall be taken by the county to remove, repair or secure any building, wall or other structure for at least 30 days following the later of the return of the receipt or newspaper publication. (c) The property owner shall remove, repair or secure the building, wall or structure, as required by the notice, within 30 days after notice has been given to the owners of such property as provided in subsection (b), whichever is later. If the owner fails to take the action required in the notice within the 30-day period, the building official may remove, repair or secure the building, wall or structure, as required by the notice. With respect to violations of subparagraph (a)(i), the costs and expenses of removing, repairing or securing shall be charged to and paid by the owners of the property and may be collected by the county as taxes and levies are collected. (d) Every charge authorized by this section with which the owner of any such property has been assessed and which remains unpaid shall constitute a lien against such property ranking on a parity with liens for unpaid local taxes and enforceable in the same manner as provided in Code of Virginia, tit. 58.1, ch. 39, art. 3 (§§ 58.1- 3940 et. seq.) and art. 4 (§§ 58.1-3965 et. seq.), as amended. The county may waive such liens in order to facilitate the sale of the property. Such liens may be waived only as to a purchaser who is unrelated by blood or marriage to the owner and who has no business association with the owner. All such liens shall remain a personal obligation of the owner of the property at the time the liens were imposed. (e) In addition to the remedies set forth above, any owner of such property in violation of subparagraph (a)(i) who fails to take the action required in the notice within the 30-day period, shall be subject to a civil penalty of $1,000.00. (f) A nonresidential derelict building or structure is one built for business or industrial uses and which is no longer being used for a place of business or industry 14-23 01/08/14 and which is in such poor condition as to cause a blight upon the neighborhood in which it is located. With the written consent of the property owner, the building official may, through his agents or employees, demolish or remove a derelict nonresidential building or structure, provided that it is neither (i) located within nor determined to be a contributing property within a state or local history district, nor (ii) individually designated in the Virginia Landmarks Register. The property owner's written consent shall identify whether the property is subject to a first lien evidenced by a recorded deed of trust and, if so, shall document the property owner's best reasonable efforts to obtain the consent of that trustee under the deed of trust as may be required under the terms and conditions of that recorded deed of trust. The costs of demolition or removal shall constitute a lien against the property. If the trustee of the first lien deed of trust consents to the demolition or removal, then the lien shall rank on parity with liens for unpaid local taxes and be enforceable in the same manner as provided in (d) above. In the event the consent of the trustee of the first lien deed of trust is not obtained, the lien for the costs of demolition and removal shall be subordinate to that first lien evidenced by a recorded deed of trust, but shall otherwise be enforceable in the same manner as provided in (d) above. (2) That this ordinance shall become effective immediately upon adoption. Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 18. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED MATTERS There were no requests to address the Board at this time. 19. ADJOURNMENT On motion of Ms. Jaeckle, seconded by Mr. Gecker, the Board adjourned at 7:07 p.m. until January 22, 2014 at 3:00 p.m. Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. ames teg ier Coun dministrator J J 14-24 01/08/14