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2014-02-12 MinutesBOARD OF SUPERVISORS MINUTES February 12, 2014 Supervisors in Attendance: Staff in Attendance: Mr. James M. Holland, Chairman Mr. Mike Bacile, Dir., Mr. Stephen A. Elswick, Vice Chrm. Purchasing Ms. Dorothy A. Jaeckle Dr. Sheryl Bailey, Dep. Mr. Arthur S. Warren County Administrator, Mr. Daniel A. Gecker Management Services Ms. Janice Blakley, Mr. James J. L. Stegmaier Clerk to the Board County Administrator Mr. Kevin Bruny, Chief Learning Officer Ms. Debbie Burcham, Exec. Dir., Community Services Board Mr. Allan Carmody, Dir., Budget and Management 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 Mr. William Dupler, Dep. County Administrator, Community Development Colonel Thierry Dupuis, Police Department Mr. Michael Golden, Dir., Parks and Recreation Mr. John W. Harmon, Real Property Manager Mr. Rob Key, Director, General Services Mr. Louis Lassiter, Asst. County Administrator Sheriff Karl Leonard, Sheriff's Department Mr. Michael Mabe, Dir., Library Ms. Mary Martin Selby, Dir., Human Resource Services Mr. Jeffrey L. Mincks, County Attorney Ms. Chris Ruth, Asst. Dir. Public Affairs Chief Edward L. Senter, Fire Department Mr. Scott Smedley, Dir., Environmental Engineering Mr. Jesse Smith, Dir., Transportation Ms. Sarah Snead, Dep. County Administrator, Human Services Mr. Kirk Turner, Dir., Planning 14-72 01/22/14 Mr. Rick Witt, Building Official Mr. Scott Zaremba, Dir., Human Resource Programs Mr. Holland called the regularly scheduled meeting to order at 3:00 p.m. 1. APPROVAL OF MINUTES FOR JANUARY 22, 2014 On motion of Mr. Gecker, seconded by Ms. Jaeckle, the Board approved the minutes of January 22, 2014, as submitted. Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 2. COUNTY ADMINISTRATOR'S COMMENTS 2.A. COUNTY ADMINISTRATOR'S REPORT 2.B. UPDATE ON SPORTS TOURISM ACTIVITIES Mr. Adam Kennedy with the Greater Richmond Aquatics Partnership presented an update to the Board on upcoming sports tourism activity. He also recognized the efforts of the Richmond Kickers, Chesterfield United, Richmond Strikers, Sports Backers, Greater Richmond Aquatic Partnerships and Meadowbrook High School for their outstanding contributions to sports tourism in Chesterfield County. He stated during the month of February and March, multiple sporting events including Virginia High School League State Championships in swimming, will bring thousands of participants and spectators to Chesterfield County, providing economic impact opportunities and highlighting the county's tourism initiatives. Ms. Jaeckle stated in addition to professional and competitive sports offered at the Collegiate School Aquatics Center, there is a goal of having all second graders in the Richmond area capable to swim by 2020. She then commended Mr. David Glass, for his efforts in extending opportunities to children in the Bensley area who are interested in playing soccer. Mr. Warren commended Mr. Kennedy for his ongoing contributions and noted Chesterfield County generated $20 million last year for use of sports facilities, hotels and restaurants. He stated there were 125,000 visitors to the county, half of those visitors from out of state, as a result of sports tourism alone. Mr. Holland also applauded Mr. Kennedy for his efforts and contributions to area high schools. Mr. Stegmaier stated this morning he spoke with officials of the Commonwealth of Virginia on the state's economy, who are concerned that Virginia is underperforming in the growth of our economy. He further stated one exception to that phenomenon remains the positive economic impact of travel and sports tourism. He commended the representatives present in the audience for their contributions to sports tourism activity in the region. He noted Chesterfield County was recognized yesterday for efforts in promoting active lifestyles within our school systems. 14-73 01/22/14 9 9 9 Ms. Emily Dillon, Emergency Management Coordinator, provided an update on the impending winter storm and preparations. Discussion ensued relative to preparations and possible concerns with storm aftermath. • Mr. Stegmaier was pleased to report that for the seventh time, Chesterfield County has earned international recognition by placing 22nd on Training magazine's Top 125 for 2014. He stated with this year's ranking, Chesterfield County continues its achievement as the only local government to be recognized on this listing. He further stated, as we look to run government in an efficient business -like fashion, Chesterfield continues to be a leader for both public and private companies in effectively delivering learning to our employees. He stated the county's placement at 422 and this achievement demonstrates our practice of educating our workforce in an efficient and effective manner with demonstrated results. He then recognized Mr. Kevin Bruny and members of the Center for Organizational Excellence for their good work in bringing this recognition to the county. Ms. Mary Ann Curtin presented an update from the General Assembly. She stated the RMA bill, HB597, was approved by the House on an 89-8 vote. She stated there was considerable discussion among the members related to support from Richmond City Council (the Mayor supports, Council has not taken a position) and the need for clarification from City Council. She further stated Board members from Hanover and Goochland shared their concern about the name change to the Richmond Regional Transportation Authority while also expressing that the name change was their only concern. She stated Delegate G. Manoli Loupassi requested to change the name to the Richmond Metropolitan Transportation Authority, which was approved to equalize jurisdictional representation. She stated HB1093, the Health Center Commission legislation introduced at the county's request, has passed the House on a 94-0 vote and has crossed over to the Senate. She further stated additionally, SB606, the bill to authorize maintenance allocations to Chesterfield at the $12,500 level per lane mile if the Board chooses to take over maintenance of the secondary roads, was carried over to 2015 by Senate Finance yesterday. She noted while the bill died, the committee also made it clear to VDOT that they will be expecting to hear that additional maintenance needs were met in Chesterfield over the course of the next year or that the committee will look at the issue next session. In closing, she stated staff is focusing attention on the House and Senate budgets which will be released on Sunday, February 16th In response to Mr. Warren's question, Ms. Curtin stated a number of stormwater management bills were introduced that were later consolidated into HB1173. She noted the bill does not deal with funding issues, but particularly deals with jurisdictions that are further away from the Chesapeake Bay. She stated there is a budget amendment request waiting to be reviewed, due to concerns expressed relative to fees. 14-74 01/22/14 In response to Mr. Warren's question relative to education funding, Mr. Carmody stated the number being proposed by the Governor is a $17 million increase for Chesterfield County schools in stated revenues made up of a combination of partial funding for the VRS on the two-year step plan. Mr. Holland made a request hold discussions with Board after the budget cycle. to the County Administrator to members regarding the RMA bill, Mr. Stegmaier stated staff has received technical amendments relative to the RMA bill. He further stated staff will continue to monitor the issue and keep the Board informed. 3. BOARD MEMBER REPORTS Ms. Jaeckle stated the opening of the Krispy Kreme store at Stonebridge has quickly become quite popular and proves to be a great investment for the county. In response to Ms. Jaeckle's comments, Mr. Stegmaier stated the opening of Krispy Kreme has generated 40 percent of business from non -county residents. Mr. Holland announced the Dale District held a meeting on February 4th regarding the Chesterfield County Revitalization Plan at the Collegiate School Aquatics Center. He stated more than 70 citizens attended the meeting and participated in a spirited discussion. 4. REQUESTS TO POSTPONE AGENDA ITEMS AND ADDITIONS, DELETIONS OR CHANGES IN THE ORDER OF PRESENTATION On motion of Ms. Jaeckle, seconded by Mr. Warren, the Board deleted Item 14.A., Resolution Recognizing Boy Scouts Upon Attaining the Rank of Eagle Scout; we would like to delete Item 14.C., Resolution Recognizing Mr. Don J. Kappel, Director of Public Affairs, Upon His Retirement; and extended the afternoon public comment period to include a number of speakers who had signed up to speak during the two evening public comment periods, due to the inclement weather. Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 5. RESOLUTIONS 5.A. RECOGNIZING THE 25TH ANNIVERSARY OF THE COUNTY'S BLACK HISTORY MONTH CELEBRATIONS Ms. Mary Martin Selby introduced Dr. Robert Turner, Reverend Lawrence Pollard, Mr. L.J. McCoy,everend Harold Braxton, Ms. Mary Marshall and Mr. Mi+ard S1, th, who were all present to receive the resolution. 4 On motion of Mr. Holland, seconded by Mr. Gecker, the Board adopted ;he fol owing resolution: WHEFZEAS, February is recognized a and is 4 time to formally acknowledge contributions of African-Americans Chesterfield County; and 14-75 s Black History Month the many tremendous to the world and 01/22/14 9 9 9 M WHEREAS, this month, Chesterfield County is celebrating the 25th anniversary of its nationally acclaimed Black History Month Celebrations, which have received state and national awards for presentation creativity and content quality; and WHEREAS, during the past 24 years, more than 105,000 members of the community have attended events, including 50,000 attendees at concerts; and WHEREAS, more than 100 scholarships have been awarded to high school students attending a college or university in Virginia, and more than 7,000 business partners have attended the annual diversity business breakfasts, which featured notable keynote speakers; and WHEREAS, numerous corporate and individual sponsors have renewed financial commitments, and dedicated volunteers and employees have devoted countless hours annually to produce incredible community events; and WHEREAS, Chesterfield County has a strong desire to continue this special tradition by joining together with the residents of the county and the Richmond region in celebrating Black History Month. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 12th day of February 2014, hereby expresses its appreciation to the county's business partners, corporate sponsors, employees and residents for their continued support of the County's Black History Month Celebrations. AND, BE IT FURTHER RESOLVED that the Chesterfield County Board of Supervisors proudly recognizes February 2014 as the 25th anniversary of Black History Month Celebrations in Chesterfield County. Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. Mr. Holland presented the executed resolutions and commended each representative for their continued support of the county's Black History Month celebrations. Each volunteer expressed their appreciation to the Board for the special recognition. 5.B. RECOGNIZING SHERIFF DENNIS S. PROFFITT UPON HIS RETIREMENT Sheriff Leonard introduced Sheriff Dennis S. Proffitt, who was present to receive the resolution. On motion of Mr. Holland, seconded by Mr. Gecker, the Board adopted the following resolution: WHEREAS, Mr. Dennis S. Proffitt began his public safety career by serving as a dispatcher for Chesterfield and Henrico Counties prior to becoming a patrolman in 1975, after completing the Chesterfield County Police Academy; and WHEREAS, in 1976, Sheriff Proffitt was promoted to Detective in the Vice and Narcotics Unit, where he served as the first undercover police officer in the history of the Chesterfield County Police Department; and 14-76 01/22/14 WHEREAS, Sheriff Proffitt served in the Vice and Narcotics Unit until 1989, during which time he was promoted to Sergeant and Lieutenant and demonstrated innovative strategies for conducting narcotics investigations by obtaining the first wiretap for a marijuana investigation in the Commonwealth of Virginia; and WHEREAS, Sheriff Proffitt was selected as Police Officer of the Year in 1979; and WHEREAS, Sheriff Proffitt served on the first Police Department SWAT Team; and WHEREAS, in 1996, Sheriff Proffitt was promoted to Inspector in charge of Special Investigations, where he was responsible for 40 investigators conducting narcotic and covert investigations; and WHEREAS, in 1997, Sheriff Proffitt was promoted to Captain in charge of criminal investigations, where he supervised more than 75 detectives and was responsible for all criminal investigative matters; and WHEREAS, Sheriff Proffitt expanded his criminal justice knowledge by attending the DEA Commander School, FBI National Academy, and FBI Special Tactical School; and WHEREAS, in 1997, Sheriff Proffitt transferred to the Sheriff's Office as a Captain, later being promoted to Major and then to Undersheriff in 1999; and WHEREAS, Sheriff Proffitt was appointed Sheriff on February 1, 2007, and was elected Sheriff by the citizens of Chesterfield in November 2007 and again in November 2011; and WHEREAS, Sheriff Proffitt was instrumental in implementing a comprehensive executive protection program to enhance the security provided for the elected and appointed Boards and Commissions of Chesterfield County; and WHEREAS, Sheriff Proffitt was a passionate advocate for his employees, demonstrated by his commitment to training, career development programs and employee engagement; and WHEREAS, Sheriff Proffitt supported inmate workforce programs that provided grounds maintenance and litter control services on county grounds, resulting in tremendous cost savings; and WHEREAS, Sheriff Proffitt supported the development and implementation of technological improvements such as the Jail Management and Civil Papers systems, mobile data terminals, and video pre-trial, resulting in significant efficiencies; and WHEREAS, Sheriff Proffitt led efforts to restructure child -support enforcement programs, resulting in the collection of millions of dollars of unpaid child support; and WHEREAS, Sheriff Proffitt has demonstrated a commitment to community causes such as hunters' safety training, Special Olympics, Seniors -In -Touch, TRIAD and Project Lifesaver; and 14-77 01/22/14 19 91 9 WHEREAS, during Sheriff Proffitt's tenure, the Sheriff's office maintained full compliance with Virginia Board of Corrections standards and maintained full accreditation through the Virginia Law Enforcement Professional Standards Commission; and WHEREAS, Sheriff Proffitt's leadership resulted in significant security enhancements to jail and courts facilities, such as bullet resistant security stations, electronic control systems, and digital video recording; and WHEREAS, Sheriff Proffitt expanded the capabilities of the Sheriff's Office to be an invaluable resource to the county during times of crisis and natural disaster; and WHEREAS, Sheriff Proffitt's legacy is his unwavering commitment to public safety and ensuring that the citizens of Chesterfield County are safe and secure; and WHEREAS, Sheriff Proffitt exemplifies servant leadership through his commitment to service, empathy, foresight and stewardship. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 12th day of February 2014, publicly recognizes the outstanding contributions of Sheriff Dennis S. Proffitt, expresses the appreciation of all residents for his service to Chesterfield County and extends appreciation for his dedicated service to the county and congratulations upon his retirement, as well as best wishes for a long and happy retirement. AND, BE IT FURTHER RESOLVED that a copy of this resolution be presented to Sheriff Proffitt, 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 Sheriff Proffitt and commended him on his many years of loyal and dedicated service. Ms. Jaeckle, Mr. Warren, Mr. Gecker and Mr. Elswick all highly praised Sheriff Proffitt on his tremendous leadership, accomplishments and devoted service to county citizens. Mr. Stegmaier presented Sheriff Proffitt with an acrylic statue and county watch, congratulated him on his retirement and expressed appreciation for his outstanding service to the county. Colonial Dupuis commended Sheriff Proffitt for his leadership and commitment to service. Sheriff Proffitt, accompanied by his son, expressed his appreciation to the Board for the special recognition and for all their support throughout the years. 14-78 01/22/14 6. WORK SESSIONS 6.A. PROPOSED FY2015 PROJECTED REVENUES Mr. Matt Harris presented an overview of the proposed FY2015 projected revenues in the General Fund. He provided an update on the national overview/ revenue forum highlights; focus on local conditions and activity; and the FY2015 outlook and forecast underpinnings. He reviewed structural shifts in the U.S. economy which include a new normal taking hold in U.S. labor market; unemployment rate is not telling the whole story; lower percentage of Americans are working; and, more of those who are only working part-time. He stated the housing correction is well underway; providing some drag to the housing market; not going back to bubble pace; and preference changes also in play. He reviewed signs of life and reasons for concern, noting the Federal Reserve stimulus has provided a boost to the economy but expressed concerns about what happens as stimulus efforts wind down. He further stated there is a longer term risk from Federal entitlements; Social Security, Medicare and Medicaid payments are projected to roughly double in the next ten years; and all signs suggest a bumpy path forward for the U.S. economy. In regards to forecast highlights, he stated there is a continued improvement in residential reval, but not charting a return to FY2005-FY2008 pace; 3 percent on residential in FY15; projecting further rebound in home building, more dovish on commercial conditions; modest growth in personal property, amid softening in used car values; restrained outlook for sales tax; and with the summary built at $0.95, there are no fee adjustments other than the Virginia Stormwater Management Program (VSMP). He then reviewed revenue summary highlights, stating real estate accounts for 87 percent of the FY2015 increase; 3.9 percent versus FY2014 revised; other taxes' change more of a reflection of FY2014 softness; permit revenue the result of increased development activity ($646k) and VSMP fees ($336k); service charge increase tied to ICFMR revenue (two months); some potential upside in state revenue; and reserves: reduction in the use of rate stabilization, mirroring thinner results of operations. In closing, he reviewed some key takeaways, stating there are structural shifts in the economy limiting pace of growth; i.e. this is the recovery; local conditions are still a mixed bag: real estate is firming, with a pullback in consumer categories; and the outlook calls for continued modest revenue growth in FY2015 with some mild uptick over long -run as consumer accounts settle. In response to Mr. Gecker's questions regarding forecasted revenue growth for FY2015-FY2019, Mr. Harris stated the long- range forecast on the real estate front is going to be tied to 3 percent on existing housing stock. He further stated 2 percent is a good benchmark for overall in FY2015, with an uptick towards 3 percent in years to come. He noted there is still unsettledness on the consumer side. He stated that baseline revenue growth of approximately 2.5 percent can be expected in FY2016. In response to Mr. warren's questions regarding future inflation, Mr. Harris stated it is anticipated that inflation will increase and will likely place pressure on interest rates. He further stated whenever there is an opportunity to lock -in on a rate presently, every chance is taken to achieve that goal. He stated adjusting the fund balance would be viewed negatively by staff. In response to Ms. Jaeckle's question regarding fund balance and its impact on bond ratings, Mr. Stegmaier stated the fund balance was not increased; the percentage went up because the budget was shrinking. He further stated the percentage of the 14-79 01/22/14 pq 91 budget that was being allocated to pay-as-you-go capital projects was declining and remains at a very low level today. Mr. Harris stated the world of agency reviews is not the same as the time when 7.5 would generate the county a AAA rating. He further stated agencies have tightened there scrutiny over the last couple of years, and moving back would not be viewed favorably. In response to Ms. Jaeckle's question regarding VRS, Mr. Harris stated the local contribution is around $10 million. He further stated the bulk of the pressure on VRS has happened on the Schools' side. He stated a six-year plan has been put in place that comes in three, two-year steps. In response to Mr. Elswick's question regarding commercial retail industry projections, Mr. Harris stated although there has been commercial construction success over the last five years, large economic development projects cannot be forecasted long-term. He further stated commercial values are tied into incomes and other things that property is generating, and can be a complicated reevaluation process. He noted a two percent increase in commercial construction, with a commercial reevaluation at 9/10 of a percent for tax year 2014. For next year, he stated these figures were projected at 1.5 and .5 percent, respectively. Mr. Holland commended Mr. Harris on his outstanding and informative presentation. He stated the Board looks forward to continued success for the county as projected. 6.B. VIRGINIA STORMWATER MANAGEMENT PROGRAM, MUNICIPAL SEPARATE STORMWATER SYSTEM AND THE CHESAPEAKE BAY TOTAL MAXIMUM DAILY LOAD Mr. Scott Smedley presented an overview of the Virginia Stormwater Management Program, the Chesapeake Bay Total Maximum Daily Load (TMDL) and proposed stormwater service district. He stated the presentation will review the impact upon the department's operations and actions that the Board will need to consider, as well as the timing of the Board's actions needed to comply with state and federal mandates. He reviewed the transfer of VSMP responsibilities from state to county, which applies to stormwater from all construction activities. He reviewed the Virginia Stormwater Management Program timeline. In regards to the definition of VSMP, he stated it applies to all construction projects, new development and redevelopment; process applications, a new requirement from DEQ; enforcement of the Stormwater Management ordinance (state recommended fee schedule; average fee - per plan of development $2,340); review of stormwater pollution prevention plans; inspection of construction sites; and overseeing of BMP maintenance. He then reviewed stormwater technical criteria changes. In regards to the Chesterfield County Municipal Separate Storm Sewer System (MS4), he stated the EPA continues to exert authority over the MS4 permit, as well as enforce several new requirements of the permit. He reviewed Chesapeake Bay TMDL goals, which include reductions of nitrogen, phosphorus and total suspended solids from stormwater; and reductions from both impervious (e.g. asphalt, roofs) and pervious (e.g. lawns) surfaces. He reviewed Chesapeake Bay TMDL incremental reduction requirements over 15 years. He stated the Compliance Plan focuses on approximately 50 percent of stream restoration; Falling Creek Reservoir percentage depends on the amount of sediment dredged; these projects are environmental revitalization and geared to benefit existing neighborhoods. In terms of the Chesapeake Bay TMDL Cost, he stated $177 million is the total cost over 15 years (capital 14-80 01/22/14 and operating). He further stated costs are not distributed evenly across permit cycles, and establishing a funding source is now crucial. He reviewed Stormwater Service District benefits which include a simple setup and administration (e.g. line item in tax bill); tax deductible from state and federal taxes; least amount of administrative overhead; revenue is dedicated to stormwater functions; enabling legislation in place; and assessments included entire property (impervious and pervious). He then reviewed concerns such as anomalies - occur with both service districts and utilities credits or cost reductions for beneficial uses - the Land Use Assessment program addresses. He summarized the proposed Service District Rate, noting $0.015 per $100 of assessed real estate value; average assessment is $33 per year; proposed revenue will fund: FY15- FY19 CIP (projects listed in CIP); and FY20-FY24 CIP (Falling Creek reservoir restoration and stream restoration projects). In closing, he stated the proposed compliance plan is the minimum necessary to meet the Federal mandate. He noted CIP project alternatives have been reevaluated and the most cost- effective combination was selected. In response to Ms. Jaeckle's question relative to fees associated with development, Mr. Smedley stated there is a fee of $209 for a single-family home; however, there will not be a fee associated with an addition to a home. In response to Mr. Elswick's question relative to what the state is going to do with 28 percent of the VSMP fee collected; Mr. Smedley stated to his knowledge he did not know other than audit the county's program once every five years. In response to Ms. Jaeckle's question regarding stream restoration, Mr. Smedley stated the Department of Environmental Quality has criteria that classify if a stream is impaired, due to bacteria, dissolved oxygen, etc. In response to Mr. Elswick's concerns, Mr. Smedley stated under the proposal there would be no way to compensate for an individual who does not participate in the land use program. Members of the Stormwater Advisory Committee were recognized and asked to introduce themselves. It was generally agreed that support of the recommendation was favorable. In response to Mr. Gecker's question, Mr. Carmody stated the Board can set the Stormwater Service District rate at a rate lower than the one advertised. Mr. Elswick made a request to be presented with a paper copy of all future presentations. In response to Mr. Elswick's question, Mr. Stegmaier stated a decision needs to be made today if the Board wanted to include the Stormwater Service District with the budget public hearing in March. Mr. Carmody stated the December real estate bill needs to be captured and the subsequent June bill so the decision would have to be made in order to get it on a December bill. Mr. Mincks stated this particular ordinance has an unusual requirement with an additional advertisement and has a little longer wait after the last ad before the public hearing than is normally done for ordinances. Mr. Carmody stated there are three advertisements, with the last one being 10 days prior to the public hearing. 14-81 01/22/14 9 9 9 N 7. DEFERRED ITEMS There were no Deferred Items at this time. 8. NEW BUSINESS S.A. ADVERTISEMENT OF TAX RATES FOR TAX YEAR 2014 AND ADVERTISEMENT OF THE PROPOSED FY2015 BUDGET, THE FY2015-FY2019 PROPOSED CAPITAL IMPROVEMENT PROGRAM AND THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM Mr. Holland read the following statement: "This county has always made education and public safety our priorities as we know these are the foundations for our community. During the last five years we made significant cuts to our county and school budgets, and have delayed investing in the long term needs of the school system. This was done so that during the recession we did not burden our citizens who were already struggling. We have deferred major maintenance and replacement of aging schools; delayed replacement of our aging school bus fleet; and eliminated over 600 county/schools' positions, increased class sizes and reduced educational offerings. We stand today at a juncture where we need and will make the first down payment' on revitalizing our infrastructure and charting the course for the future to invest in our education system. We know the economic recovery has not been as robust as we all would like it to be, but today's action sets us on a course of continued excellence for education and public safety. As we move forward we will need to have a five-year plan to continue this journey of excellence we are starting today. It will take time to fully establish all the priorities for our school system but we are committed going forward to making Chesterfield Public Schools the best in the nation. Therefore, I am directing our School Liaison Committee and Budget and Audit Committee to deeply examine, after the budget is adopted, priorities and present to this Board a process for excellence in our community. Mr. Warren will be overseeing these two Boards working with them, with his 20 plus years of experience, to ensure we are on course with the School Board and will discuss these issues more deeply and entirely." Mr. Carmody stated the Board is requested to authorize the advertisement of tax rates for the calendar year 2014, the proposed FY2015 budget, the proposed FY2015-FY2019 Capital Improvement Program and the proposed Community Development Block Grant Program. He further stated the Board is asked to set the tax rates given the responsibility the Board has to communicate to the County Administrator which rates to advertise. He stated the County Administrator is recommending that in order to keep open the option for dealing with the fiscal challenges and for the purposes of the Board to allow to hear from constituents that the real estate rate be advertised at $.98 with the recommendations in the papers specifically noting that increase is to be used for maintaining school infrastructure, and that comes in two parts, one to preserve the seven-year plan for the school revitalization initiative and the second being for restoring the pay-as-you-go capital improvement funding that is critical for major maintenance and Schools' capital plan. He stated the three -cent increased rate that is proposed and recommended for Board consideration is exclusive of the funding mechanism related to the possible Stormwater Service District. He further stated other rates in the paper are recommended to remain unchanged and the only change recommended is on the real estate rate. 14-82 01/22/14 Mr. Gecker read the following statement: "I have had the pleasure of serving with the Chairman on the Budget and Audit Committee of this county for 4-5 years. As has been noted many times, we have steered the county with the able assistance of the County Administrator and Budget and Management Department through what was the worst financial period anybody in the organization can remember, and I think overall we did a pretty good job doing it. Some of the things that have been necessitated; however, were making some cuts that I do not believe are sustainable long-term, including cuts in the budget of the School division. We are still in the process as we move through the FY2015 budget cycle of trying to resolve certain gaps. I do not think the Administration has a clear, winning proposal on how to get us through FY2015, as the committee knows, and Mr. Holland and I have been fairly good at trying to look longer than FY2015, but at least that five-year period we have talked about. We have certain priorities, public safety, of course, but we have not had many issues there in terms of funding. On the School side, there is continuing concern about degradation and quality caused by the reduction in pupil -teacher ratio, which is not just children in the classroom, but it also refers to the number of different classes we can offer. Certain schools do not have the same elective set as other schools and some of the electives we are short, are what people would consider to being core educational experiences. As the Chair alluded to, we have under maintained certain school buildings, in fact a lot of the school buildings. In November the citizenry was asked to allow for debt in order to embark upon a seven-year plan to rehabilitate or replace some of those school buildings, my recollection it passed with 72 percent of the vote, a pretty significant percentage. We still have a gap on the general fund side, and I know the Administration proposal included certain reductions in the Social Service arena, reductions that I am not yet personally prepared to make, we continue to look for other areas of savings or service reduction in other parts of our budget. I know each of us has got their own ideas of where we ought to head, which programs need to be cut or which programs has priority over other programs, we are not quite there yet. You know, most of you understand I am in business for myself and I appreciate the importance of retaining flexibility of action and in years past, when I made the motion I'm about to make, the Board has said no, we are just going to keep it where we are.' This is a year unlike the others that in that we can see our way clearer, because as Matt and Allan mentioned, the path forward, although it is not as robust as it might have been in the early 2000's, it is at least a path upward, we will have some funds to do some things we want. But until we know how we are going to march down that path, I think it would be imprudent of this Board to deny ourselves the flexibility. Advertising a rate is not the same as passing a rate, it is in fact a tool to allow the citizenry to have some meaningful input into those issues that are important to them, frankly something we have denied the input of citizens in the previous five years. I think it is important that we recognize where we have been and that this be the year that this Board take the initiative to begin to rebuild this community in a way that makes it a place, the same kind of place that all of us came to and the kind of place all of us want to stay, and candidly three cents, although I know it sounds like a lot to some, really is not the magic bullet either, we are still going to have to make 14-83 01/22/14 9 9 9 N difficult choices as we move through FY2015-FY2017, there is just no way around that looking at the revenue picture, if you look at just the amount alone, that is going to repay past obligations, in particular the Virginia Supplemental Retirement System, and unknown in terms of amount, but certain to increase some items, like the cost of healthcare, things that are largely outside the control of the county, we are going to need revenue in order to maintain quality of life and to fund those types of items, and so Mr. Chair, I hope that the Board will agree that we need to retain the flexibility that we should embark upon the capital program that we committed to the public when we asked them to vote on the School bond referendum." Mr. Gecker then made a motion, seconded by Mr. Holland, for the Board to approve the advertisement of 2014 calendar year tax rates to include a real estate tax rate of $0.98, the proposed budget, the proposed FY2015-FY2019 Capital Improvement Program and the Community Development Block Grant Program. Ms. Jaeckle read the following statement: "First I would like to thank everyone who has taken an interest in this issue and given up their time to come and speak, leave phone messages and emails. The only way that a community is successful is if the citizens are engaged. I did watch most of the School Board meeting last night and listened to the commentary. A lot of times I have heard from speakers who say `you never comment when people speak.' I think we are very hesitant to speak because it is your turn to speak, not really to hear what we have to say. These were a couple of my observations yesterday and throughout the last couple of months that I would like to comment on, first I would like to say, years ago the prevailing thought was the School Board and the Board of Supervisors were pitted against each other, and I believe both of these Boards have made a concerted effort to work with each other, we view each other as a whole, and not separate entities. We on the Board of Supervisors recognize how important our schools are to the community as a whole, and the School Board recognizes that we are tasked with balancing out all of the needs of the county, especially in these challenging budget years. No matter how good our schools are, people will not live here if they do not feel safe in their home or safe in the community. Both Boards recognize the importance of each other's roles and we have worked very well together to balance the budget, and I do not think it does any good for speakers to drum up an anti -Board of Supervisors mentality, or an anti -School Board mentality. I did want everybody to be aware that we are not enemies; we are Boards that work together. I have a great admiration for the dedication that our teachers have. I have two daughters that teach, so I am very aware of how hard teachers work. I believe as a community we should strive to compensate our teachers competitively; however, it bothers me when teachers demand that we raise taxes because of how hard they work. We have a lot of very hard working people in our community that have trouble making ends meet and we have many people heading out right now who will not see their families for days, not just public safety people, you have linesmen for Dominion VA Power that will be out for days in the cold restoring power back to those who have lost their power. What my point is, when teachers demand that taxes be increased for increased teacher pay because they work so hard, you are essentially 14-84 01/22/14 asking for other hard-working people to give up some of their pay. I think there is a better way to go about the compensation issue. Although the crux of the issue has been mentioned many times, because we have talked about electives, there is one particular email that was written to me from a teacher (she then read an email from a teacher regarding the impact of budget cuts on student recommendations and electives). I feel like this is the one opportunity for our children have to receive an education, and it is not fair to deprive them of those opportunities. I had four children go through Chesterfield County schools and I can tell you, the electives have contributed to them being very well-rounded adults. Back in the 1970-80s, Chesterfield was at the forefront in the region, offering languages, AP CLASSES, music, and art. I think the school system needs to look at some of the things they are doing, and to see if there is a more cost effective way. When you look at the number of specialists and employees that have been added, that are not classroom teachers, it has skyrocketed over the past decade, and we cannot continue to add positions other than classroom teachers and reduce PTR and increase teacher pay. I think that is something that we really need to look at and evaluate. Dr. Newsome talked last night about how it is prophetic that he said in five years we would see the results of these decreases. I have listened to all these teachers talk about how difficult it is to teach with the differing of abilities they have in their classes. I remember when Chesterfield switched from ability grouping, all the teachers said this would be very difficult for us to teach, especially in schools where there is a large disparity of abilities, it is going to be very difficult for teachers to teach all range of abilities in the same classroom. We may decide that is the way we want to do it, but it is expensive. We have to think about those things, because every expense we add, every time we choose a philosophy that adds an expense, it is going to take away from your pupil -teacher ratio and it is going to take away from your teacher pay. We have to really look at the big picture when we make these decisions. I am going to support advertising, I am not necessarily going to support a tax increase, because I do think we need to have the discussion. Last year, it was at the very end of the budget season and we had already advertised the tax rate before it came to light how many of these electives were being lost. I am going to support the increase." Mr. Elswick read the following statement: "When it comes to schools, I know we all want the same thing, better schools, competitive salaries and lower pupil -teacher ratio. I agree with what Ms. Jaeckle and Mr. Gecker said; however, this proposal as Budget is presenting to us, reduces none of that. The three cents that we are talking about is two cents go to build the schools out in seven years, rather than nine years, and one cent goes towards pay-as-you-go for our school fund. So, while we all talk about pupil -teacher ratio and we all talk about salaries and VRS, this addresses none of that. I want to make sure the public understands the way you are recommending for us, this money only goes to capital, none goes to operating. We listened to Matt talk about what is going on in the nation, what is going on locally and what is going on in the state. He talked about the labor market, fewer people are working, more part-time workers, 4.5 million less jobs, more people in rental properties, potential home buyers for the housing market is down and the housing market 14-85 01/22/14 9 9 9 is critical to our future, he said retail sales are down, so in my estimation, if we raise these taxes, they have less money to spend on retail; you get the money one place and you are denied it somewhere else. When you look at Chesterfield and Henrico and Hanover and we joke a lot about the three counties, we are in competition with them and we are now 10 cents higher than Henrico County, we are assumed to be, if this passes; now we are 13 cents higher. I can see Henrico looking at us and saying `go for it Chesterfield because every time you raise taxes, we can do a better job of luring people to Henrico County because we have as good of schools and we have 13 cents on the dollar less real estate taxes than you do.' I think that it is not a matter of do we need pupil -teacher ratio and do we need competitive salaries, absolutely, it is how do you pay for it? I think the way we pay for it is tightening our belt and looking within our own budget. I told the citizens 2.5 years ago, when I was running for office, if they were to let me come and let me represent them as their Board member, that I would not vote for a real estate tax increase, so I see no need for me to advertise for that tax increase, when I am going to honor my commitment to the citizens who put me in office and I am not going to vote for a tax increase." Mr. Warren made the following statement: "I am going to be very brief. I have heard from many citizens, but one of the things that I have always taken pride in over the years, is hearing from as many citizens as possible before I make a critical decision that is going to impact the future of citizens in Chesterfield County. We all have to live within certain budgets as individuals and as families and we have to live within our means, and I always keep that in mind when making decisions. The best way to listen to what citizens have to say is to give them more time. I will support the advertisement of the three -cent rate that has been motioned and seconded, for the purpose of listening between now and the time we approve the budget in April, to as many citizens as wish to communicate with me and every opportunity to communicate through town meetings and other means of communicating with citizens." Ms. Jaeckle made a request to Mr. Carmody to provide Board members with a 5 -year forecast on how Board members can meet priorities without a tax increase. Mr. Carmody stated the Board will be presented with a longer running horizon and a sensitivity analysis to show some ranges on the revenue and expenditure side of the budget. In response to Ms. Jaeckle's question, Mr. Stegmaier stated for new employees, the county's short-term disability plan would pay about 60 percent of salaries replacement. He further stated there is a mandate, depending on years of service, which increases that figure up to 100 percent of salary replacement. He stated staff has worked with VACo to get a bill introduced this year that would have relieved us of that mandate, the bill did not move forward. Ms. Jaeckle expressed concerns relative to state mandates and their effects on future budgets. 14-86 01/22/14 Mr. Gecker stated the Budget and Audit Committee is still looking for ways to tighten the belt. He further stated the advertising of a higher rate provides flexibility and the committee continues the quest to tighten the belt as much as possible. He stated if those things the county needs are paid for, by belt tightening, that will be reflected on the vote of the tax increase. Mr. Holland made the following statement: "I continue to look for ways to cut the budget, this is the first time I have even considered an advertisement and this advertisement represents a 3.12 percent increase, which is very modest at this point. I was contingent to move to cut the rate in 2008 and there was good data to back that up. I am still proud of what I have done. As indicated, we will continue to look for cuts, look for efficiencies, how to use things better and that is why I will call for a continued look for priorities, as we go forward, every committee in this county, we will continue to look for ways to be more efficient and more productive." Mr. Holland called for a vote on the motion made by Mr. Gecker, seconded by Mr. Holland, for the Board to approve the advertisement of 2014 calendar year tax rates to include a real estate tax rate of $0.98, the proposed budget, the proposed FY2015-FY2019 Capital Improvement Program and the Community Development Block Grant Program. Ayes: Holland, Jaeckle, Warren and Gecker. Nays: Elswick. Mr. Carmody stated the Board needs to authorize the advertisement of a Stormwater Service District rate of $0.016. Mr. Gecker reiterated he does not think the rate of $0.016 for the Stormwater Service District will be necessary. Mr. Gecker then made a motion, seconded by Mr. Holland, for the Board to approve the advertisement of a proposed Stormwater Service District with a rate of $0.016 per $100 of assessed real estate value. Ayes: Holland, Jaeckle, Warren and Gecker. Nays: Elswick. 8.B. APPOINTMENTS On motion of Mr. Gecker, seconded by Mr. Elswick, the Board suspended its rules to allow simultaneous nomination/appointment of members to the Committee on the Future and Riverside Regional Jail Authority Board of Directors. Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 8.B.1. COMMITTEE ON THE FUTURE On motion of Mr. Warren, seconded by Mr. Gecker, the Board simultaneously nominated/appointed Mr. Chris Winslow, representing the Clover Hill District, to serve on the Committee on the Future at the pleasure of the Board. Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 14-87 01/22/14 91 9 19 N 8.B.2. RIVERSIDE REGIONAL JAIL AUTHORITY BOARD OF DIRECTORS On motion of Mr. Gecker, seconded by Mr. Elswick, the Board nominated/appointed Sheriff Karl Leonard to serve on the Riverside Jail Authority Board of Directors, whose term is effective February 1, 2014, and will continue through his service as Sheriff. Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 8.C. CONSENT ITEMS 8.C.1. ADOPTION OF RESOLUTION RECOGNIZING MS. CATHARINE L. NUTTALL, ENVIRONMENTAL ENGINEERING DEPARTMENT, UPON HER RETIREMENT On motion of Ms. Jaeckle, seconded by Mr. Gecker, the Board adopted the following resolution: WHEREAS, Mrs. Catharine L. Nuttall will retire on March 1, 2014, after providing 19 years of dedicated and faithful service to Chesterfield County; and WHEREAS, Mrs. Nuttall began her service with Chesterfield County in the Parks and Recreation Department on February 13, 1995, providing secretarial support to the department director and his chiefs; and WHEREAS, during her tenure with the Parks and Recreation Department, Mrs. Nuttall was an enthusiastic member of the Health Fair team and a willing volunteer of events such as the annual Independence Day fireworks display and the Chesterfield County Fair; and WHEREAS, Mrs. Nuttall was promoted to legal secretary on September 20, 1999, for the Commonwealth's Attorney, preparing weekly dockets for the Juvenile and Domestic Relations District Court; and WHEREAS, Mrs. Nuttall transferred to the Department of Environmental Engineering on July 16, 2005, as administrative secretary to the director and engineering supervisor; and WHEREAS, Mrs. Nuttall has served as the Environmental Engineering representative on the Chesterfield Employees Association for nine years and for four years as the Parks and Recreation Department's representative; and WHEREAS, Mrs. Nuttall was instrumental in the implementation of the 2010 and 2011 Canine Carnival, working tirelessly to ensure these events were huge successes for the county and the CEA; and WHEREAS, Mrs. Nuttall will be missed by the president and other members of the CEA for her voluntarism, enthusiasm and participation on numerous CEA committees and events; and WHEREAS, as the Environmental Engineering representative, Mrs. Nuttall was a generous supporter of the American Heart Association and United Way through participation on many charitable fundraising teams; and 14-88 01/22/14 WHEREAS, as a result of her diligence in preparing records for scanning and quality control of document imaging, Mrs. Nuttall was selected as the Environmental Engineering Employee of the Quarter for the fourth quarter 2013; and WHEREAS, Mrs. Nuttall sought to improve herself and provide service to hearing-impaired citizens by attending weekly American Sign Language classes at Commonwealth Catholic Charities and participating in silent dinner events for the hearing impaired; and WHEREAS, Mrs. Nuttall served as one of the department's Disaster Recovery Liaisons, tracking staff resources for cost recovery throughout the duration of any disaster; and WHEREAS, Mrs. Nuttall has always performed her duties and responsibilities in a professional manner, rendering valuable service to the department director, engineering supervisor and staff of the Environmental Engineering Department. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes the outstanding contributions of Mrs. Catharine L. Nuttall and extends appreciation for 19 years of dedicated service to the county and congratulations upon her retirement, as well as best wishes for a long, healthy and happy retirement. Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 8.C.2. AUTHORIZATION TO ALLOW THE POLICE DEPARTMENT TO ENTER INTO A LEASE FOR OFFICE SPACE On motion of Ms. Jaeckle, seconded by Mr. Gecker, the Board authorized the Police Department to enter into a lease with Newell Properties, LLC for office space and authorized the Police Chief to execute the contract. Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 8.C.3. TRANSFER OF ROAD CASH PROFFER FUNDS AND AUTHORIZATION TO PROCEED WITH THE BRANDERS BRIDGE ROAD (NORTH OF OLD HAPPY HILL ROAD)CURVE IMPROVEMENT PROJECT On motion of Ms. Jaeckle, seconded by Mr. Gecker, the Board transferred $150,000 in Shed 18 road cash proffers from the completed Branders Bridge Road (Old Happy Hill Road) project; authorized the County Administrator to proceed with the design and right-of-way acquisition, including advertisement of an eminent domain public hearing if necessary, and to accept the conveyance of right-of-way and easements that are acquired; authorized the County Administrator to enter into the customary VDOT/county agreements/contracts, permits/ mitigation agreements and surety agreements, acceptable to the County Attorney; authorized the Chairman of the Board of Supervisors and County Administrator to execute easement agreements for relocation of utilities; authorized the advertisement and award of a construction contract, up to $100,000, to the lowest responsive and responsible bidder; and authorized the County Administrator to approve change orders up to 25 percent of the contract amount for the project. Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 14-89 01/22/14 9 9 9 M 8.C.4. REQUEST FOR AN ENTERTAINMENT FESTIVAL PERMIT FOR REITHOFFER SHOWS, INCORPORATED TO CONDUCT A CARNIVAL AT CHESTERFIELD TOWNE CENTER On motion of Ms. Jaeckle, seconded by Mr. Gecker, the Board approved the request of Reithoffer Shows, Inc., for an entertainment festival permit to conduct a carnival at Chesterfield Towne Center on April 10 through April 27, 2014, subject to the conditions filed with the papers of this Board. Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 8.C.5. SET DATES FOR PUBLIC HEARINGS 8.C.5.a. TO CONSIDER AMENDMENTS TO THE COUNTY CODE RELATIVE TO USE OF PUBLIC UTILITIES On motion of Ms. Jaeckle, seconded by Mr. Gecker, the Board set March 12, 2014, as the date for a public hearing to consider amendments to the County Code relative to use of public utilities. Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 8.C.5.b. TO CONSIDER AN AMENDMENT TO THE COUNTY CODE RELATIVE TO VARIANCE CRITERIA On motion of Ms. Jaeckle, seconded by Mr. Gecker, the Board set March 12, 2014, as the date for a public hearing to consider an amendment to the County Code relative to variance criteria. Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 8.C.6. APPROVAL OF CHANGE ORDER FOR THE ADDISON-EVANS WATER TREATMENT PLANT REHABILITATION PROJECT On motion of Ms. Jaeckle, seconded by Mr. Gecker, the Board approved Change Order Number Two for the Addison -Evans Water Treatment Plant Flocculation and Sedimentation Basin Improvements in the amount of $124,910 and authorized the County Administrator to execute the necessary documents. Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 8.C.7. AMENDMENT OF LEASE OF PROPERTY FOR THE CHESTER POLICE STATION On motion of Ms. Jaeckle, seconded by Mr. Gecker, the Board approved an amendment to the lease with The New Chester Police Station, LLLP, successor in interest to the Chester Police Station, L.L.C., for 4000 square feet of office space at 2920 W. Hundred Road for the Chester Police Station and authorized the County Administrator to execute the lease amendment. Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 14-90 01/22/14 8.C.8. CONVEYANCE OF AN EASEMENT TO COLUMBIA GAS OF VIRGINIA, INCORPORATED FOR SERVICE TO MENTAL HEALTH'S NEW INTERMEDIATE CARE FACILITY 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 an agreement with Columbia Gas of Virginia, Inc. for a 20' underground easement for service to Mental Health's new Intermediate Care Facility at 6831 Lucy Corr Boulevard. Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 8.C.9. ACCEPTANCE OF PARCELS OF LAND 8.C.9.a. ALONG OLD CENTRALIA ROAD FROM NVR, INCORPORATED On motion of Ms. Jaeckle, seconded by Mr. Gecker, the Board accepted the conveyance of a parcel of land containing 0.014 acres along Old Centralia Road from NVR, Inc., and authorized the County Administrator to execute the deed. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 8.C.9.b. ALONG OLD CENTRALIA ROAD FROM PROVIDENCE INVESTMENTS, L.C. On motion of Ms. Jaeckle, seconded by Mr. Gecker, the Board accepted the conveyance of a parcel of land containing 0.016 acres along Old Centralia Road from Providence Investments, L.C., 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: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 8.C.9.c. ALONG CHARTER COLONY PARKWAY, BRANDERMILL PARKWAY AND OLD HUNDRED ROAD FROM RIVERSTONE PROPERTIES, LLC On motion of Ms. Jaeckle, seconded by Mr. Gecker, the Board accepted the conveyance of two parcels of land containing a total of 7.43 acres along Charter Colony Parkway, Brandermill Parkway and Old Hundred Road from Riverstone Properties, LLC, and authorized the County Administrator to execute the deed. Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 14-91 01/22/14 9 9 9 M 9. REPORTS 9.A. REPORT ON STATUS OF GENERAL FUND BALANCE, RESERVE FOR FUTURE CAPITAL PROJECTS, DISTRICT IMPROVEMENT FUNDS AND LEASE PURCHASES 9.B. REPORT OF PLANNING COMMISSION SUBSTANTIAL ACCORD DETERMINATION FOR A GOVERNMENT OFFICE (PUBLIC SAFETY) (CASE 14PD0155) On motion of Mr. Gecker, seconded by Mr. Elswick, the Board accepted the following reports: a Report on Status of General Fund Balance, Reserve for Future Capital Projects, District Improvement Funds and Lease Purchases; and a Report of Planning Commission Substantial Accord Determination for a Government Office (Public Safety) (Case 14PD0155). Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 10. FIFTEEN -MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED MATTERS Ms. Nancy Wood, Chesterfield County Public Schools teacher, urged the Board to approve a tax rate increase in order to fund Chesterfield schools. Mr. Logan Dickerson, student at Manchester High School, urged the Board to supply funds for county schools and raises for county school teachers. Mr. Makary Zaki, student at Manchester High School, urged the Board to supply funds for county schools and raises for county school teachers. Ms. Amy Harbert, president of Chesterfield County Council of PTAs, urged the Board to fully fund the School Board's budget. Ms. Sonia Smith encouraged the Board to raise the real estate tax rate for the sake of public education. Mr. Freddy Boisseau addressed the Board relative to decreasing mandates. Ms. Jackie Whitmore expressed concerns relative to a possible real estate tax rate increase. Ms. Amanda Moody, Chesterfield County Public Schools teacher, urged the Board to increase the real estate tax rate to provide funding for teacher compensation and reduced class sizes. Mr. Ralph Carter addressed the Board relative to the tendencies of local government. Ms. Kristin Breslin, Chesterfield County Public Schools teacher, expressed concerns relative to decreased funding for county schools. Ms. Cathy Garrison, Chesterfield County Public Schools teacher, urged the Board to supply funds for county schools and raises for county school teachers. 14-92 01/22/14 11. DINNER On motion of Mr. Gecker, seconded by Mr. Warren, the Board recessed briefly for dinner. Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. Reconvening: 12. INVOCATION Mr. Lou Lassiter, Assistant County Administrator, gave the invocation. 13. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Mr. Bill Dupler, Deputy County Administrator, led the Pledge of Allegiance. 14. RESOLUTIONS 14.B. RECOGNIZING FEBRUARY 2014 AS "CHILDREN'S DENTAL HEALTH MONTH" IN CHESTERFIELD COUNTY Due to the inclement weather, the recipients of this resolution have requested that it be presented at the February 26, 2014 meeting. 15. FIFTEEN -MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED MATTERS There were no requests to address the Board at this time. 16. REQUESTS FOR MANUFACTURED HOME PERMITS AND REZONING PLACED ON THE CONSENT AGENDA TO BE HEARD IN THE FOLLOWING ORDER: - WITHDRAWALS/DEFERRALS - CASES WHERE THE APPLICANT ACCEPTS THE RECOMMENDATION AND THERE IS NO OPPOSITION - CASES WHERE THE APPLICANT DOES NOT ACCEPT THE RECOMMENDATION AND/OR THERE IS PUBLIC OPPOSITION WILL BE HEARD AT SECTION 18 14SNO546 In Clover Hill Magisterial District, Harish Shrimanker requests conditional use to permit motor vehicle repair plus conditional use planned development to permit travel agency use and amendment of zoning district map in a Community Business (C-3) District on 1.1 acres known as 13732 Hull Street Road. Density will be controlled by zoning conditions or ordinance standards. The Comprehensive Plan suggests the property is appropriate for Community Business use. Tax ID 728-673-2455. Mr. Turner presented a summary of Case 14SNO546 and stated both the Planning Commission and staff recommended approval and acceptance of the proffered condition. He further stated the applicant has indicated acceptance of the recommendation. 14-93 01/22/14 9 9 Mr. Holland called for public comment. There being no one to speak to the issue, the public hearing was closed. On motion of Mr. Warren, seconded by Mr. Gecker, the Board approved Case 14SN0546 and accepted the following proffered condition: The following restrictions shall apply to motor vehicle repair: a. No outside storage shall be permitted. (P) b. All repair activities and storage of new or replaced repair materials shall occur inside the building. (P) C. The developer shall be responsible for the complete removal and proper disposal of all components of the gasoline storage and delivery system prior to issuance of an occupancy permit. (EE) Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 14SN0552 In Clover Hill Magisterial District, 360 Toyota LLC and Haley Auto Group request amendment of conditional use planned development (Case 98SN0176) to permit motor vehicle sales and amendment of zoning district map in a Light Industrial (I-1) District on 14.4 acres fronting 875 feet on the northwest line of Hull Street Road, 700 feet southwest of Memphis Boulevard, also fronting 290 feet on the south line of Memphis Boulevard, 300 feet northwest of Hull Street Road. Density will be controlled by zoning conditions or ordinance standards. The Comprehensive Plan suggests the property is appropriate for Community Business use. Tax ID 736-680-4762. Mr. Turner presented a summary of Case 14SN0552 and stated both the Planning Commission and staff recommended approval and acceptance of the proffered conditions. He further stated the applicant has indicated acceptance of the recommendation. Mr. Holland called for public comment. There being no one to speak to the issue, the public hearing was closed. On motion of Mr. Warren, seconded by Mr. Gecker, the Board approved Case 14SN0552 and accepted the following proffered conditions: With the approval of this request, the Applicant hereby amends Proffered Condition 14 of Case 98SN0176. Except as modified herein, all other conditions of Case 98SN0176 shall remain in force and effect. The Applicant amends Proffered Condition #14 to read as follows: 1. In addition to uses permitted within Tract II -B by Case 14-94 01/22/14 98SN0198, motor vehicle sales, including as accessory to sales and rental, service and repair excluding body repair shall be permitted provided that: a. All such uses shall be setback a minimum of 100 feet from Tax ID 736-679-0579 so long as such parcel is used for residential purposes; b. Storage yards for vehicles awaiting repair, auction, wholesale sales shall be screened from view of Tax ID 736-679-0579 so long as such parcel is used for residential purposes, and from external public roads; C. All garage type doors shall be oriented away from, or screened from view of, Tax ID 736-679-0579 so long as such parcel is used for residential purposes, and from external public roads; d. There shall be no elevated display of motor vehicles; and, e. Except for minimal repairs necessary to allow a vehicle to be moved into the service area, all allowed repair activities and storage of new or replaced repair materials shall occur inside the buildings unless screened from view of Tax ID 736- 679-0579 so long as such parcel is used for residential purposes, and from external public roads. ( P ) The Applicant hereby offers the following additional proffered conditions: 2. Prior to any site plan approval or within ninety (90) days of a request by the Transportation Department, an access easement, acceptable to the Transportation Department, shall be recorded from Memphis Boulevard to the property identified as Tax ID 736-679-0579. (T) 3. The architectural character of buildings occupied by automobile dealership (motor vehicles sales and service) shall generally comply with the architectural sketch as shown on Exhibit A, prepared by Balzer and Associates, Inc. and dated December 11, 2013. (P) 4. The landscape plan for the subject property shall be approved by the Planning Commission at the time of site plan approval. (P) Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 17. PUBLIC HEARINGS 17.A. TO CONSIDER AN AMENDMENT TO THE COUNTY CODE RELATIVE TO TEMPORARY FAMILY HEALTH CARE UNITS Mr. Cash stated this date and time has been advertised for a public hearing for the Board to consider an amendment to the County Code relative to temporary family health care units. 14-95 01/22/14 F] 9 9 Mr. Holland called for public comment. There being no one to address the issue, the public hearing was closed. On motion of Mr. Gecker, seconded by Mr. Elswick, the Board approved the following ordinance: AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING AND RE-ENACTING SECTION 19-65 RELATING TO TEMPORARY FAMILY HEALTH CARE UNITS BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Section 19-65 of the Code of the County of Chesterfield, 1997, as amended, is amended and re-enacted to read as follows: Sec. 19-65. Uses permitted with certain restrictions. (i) Temporary family health care unit, provided that: (1) Unit shall be accessory to a single family dwelling located on a lot; (2) A planning permit shall be obtained, and maintained, from the Planning Department for the unit. In conjunction with the request for a permit and annually thereafter, the following shall be submitted: (i) documentation, as deemed necessary by the Planning Department, to insure compliance with this section and state law, (ii) documentation of the need for care for the mentally or physically impaired person and if applicable, the spouse residing in the unit who requires assistance with one or more daily activities under state law, (iii) documentation of the relationship of the mentally or physically impaired person and the caregiver, and (iv) permission for a Planning Department representative to inspect, at reasonably convenient times, the unit and the single family dwelling on the lot to determine compliance with this section. The Planning Department may revoke the permit for any violation of this section; (3) Only one unit shall be permitted per lot; (4) Unit shall not exceed 300 gross square feet in area; (5) Unit shall comply with setback requirements for primary structures in the district; (6) Unit shall comply with height limitations for accessory structures in the district; 14-96 01/22/14 (7) Unit shall primarily be assembled at a location other than the lot on which it is to be located; (8) Unit shall not be placed on a permanent foundation; (9) Occupancy of the unit shall be limited to one mentally or physically impaired person and, in the case of a married couple, the impaired person's spouse who requires assistance with one or more activities of daily living as defined by state law and certified in writing by a licensed physician; (10) The caregiver shall reside in the single family dwelling located on the lot and shall be related by blood, marriage, or adoption to the mentally or physically impaired person residing in the unit or serve as such person's legally appointed guardian; (11) Unit shall be removed within 60 days of the date on which the unit was last occupied by a mentally or physically impaired person receiving services or meeting the certification requirements; and (12) Unit shall not be used for, or converted to, another use. (2) That this ordinance shall become effective immediately upon adoption. Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 17.B. TO CONSIDER THE RESTRICTION OF THROUGH TRUCK TRAFFIC ON NORTH ENON CHURCH ROAD Mr. Smith stated this date and time has been advertised for a public hearing for the Board to consider the restriction of through truck traffic on North Enon Church Road. Mr. Holland called for public comment. Mr. Freddy Boisseau urged the Board to approve the request. There being no one else to address the issue, the public hearing was closed. On motion of Ms. Jaeckle, seconded by Mr. Gecker, the Board adopted the following resolution requesting the Virginia Department of Transportation to restrict through truck traffic on North Enon Church Road from Leslie Lane to Meadowville Road: WHEREAS, the Chesterfield County Board of Supervisors received a request to restrict any through truck or truck and trailer or semi -trailer combination except pickup or panel trucks from using North Enon Church Road from Leslie Lane to Meadowville Road; and 14-97 01/22/14 P] 9 9 WHEREAS, the recommended alternate route is North Enon Church Road (Route 746), Meadowville Technology Parkway (Route 618), and Meadowville Road (Route 618); and WHEREAS, Chesterfield County will use its good offices for enforcement of the proposed restriction; and WHEREAS, the Board has conducted a public hearing on the restriction. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors requests the Virginia Department of Transportation to restrict through truck traffic on North Enon Church Road from Leslie Lane to Meadowville Road. Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 17.C. TO CONSIDER THE EXERCISE OF EMINENT DOMAIN FOR THE ACQUISITION OF RIGHT-OF-WAY AND EASEMENTS FOR THE EAST RIVER ROAD WIDENING PROJECT Mr. Smith stated this date and time has been advertised for a public hearing for the Board to consider the exercise of eminent domain for the acquisition of right-of-way and easements for the East River Road Widening Project, including the filing of certificates of deposit, so that construction may begin prior to the commencement of eminent domain proceedings. Mr. Holland called for public comment. There being no one to address the issue, the public hearing was closed. In response to Mr. Elswick's question, Mr. Mincks stated funds will be set aside and if owners are located, they will be adequately compensated. Mr. Elswick then made a motion, seconded by Mr. Gecker, for the Board to authorize the exercise of eminent domain for the acquisition of right-of-way and easements from the following property owners for the East River Road Widening Project: 1. James Reese, 3508 East River Road, GPIN 7956134823 2. Johnny Bell, Valeria Bell and Sylvia Bell, 3112 East River Road, GPIN 7966149013 Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 18. REMAINING MANUFACTURED HOME PERMITS AND ZONING REQUESTS There were no remaining requests for manufactured home permits or rezoning at this time. 19. FIFTEEN -MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED MATTERS There were no requests to address the Board at this time. 14-98 01/22/14 20. ADJOURNMENT On motion of Mr. Gecker, seconded by Mr. Warren, the Board adjourned at 6:40 p.m. until February 26, 2014. Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. JamesJAdministmrator Steger nty 14-99 01/22/14 9 9