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2014-05-28 MinutesBOARD OF SUPERVISORS MINUTES May 28, 2014 Supervisors in Attendance: Staff in Attendance: Mr. James M. Holland, Chairman Mr. Greg Akers, Dir., Mr. Stephen A. Elswick, Vice Chrm. Internal Audit Ms. Dorothy A. Jaeckle Mr. Mike Bacile, Dir., Mr. Arthur S. Warren Purchasing Mr. Daniel A. Gecker Dr. Sheryl Bailey, Dep. County Administrator, Mr. James J. L. Stegmaier Management Services County Administrator 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 Mr. Roy Covington, Dir., Utilities Ms. Mary Ann Curtin, Dir., Intergovtl. Relations Mr. Will Davis, Dir., Economic Development Mr. William Dupler, Dep. County Administrator, Community Development Colonel Thierry Dupuis, Police Department Mr. Robert Eanes, Asst. to the County Administrator Mr. Michael Golden, Dir., Parks and Recreation Mr. Larry Haake, Registrar Mr. John W. Harmon, Real Property Manager Mr. Rob Key, Director, General Services Mr. Louis Lassiter, Asst. County Administrator Mr. Mike Likins, Dir., Cooperative Extension Ms. Mary Martin Selby, Dir., Human Resource Services Mr. Jeffrey L. Mincks, County Attorney Ms. Chris Ruth, Int. Dir., Public Affairs Ms. Marsha Sharpe, Dir., Social Services Mr. Scott Smedley, Dir., Environmental Engineering Mr. Jesse Smith, Dir., Transportation Ms. Sarah Snead, Dep. County Administrator, 14-353 05/28/14 Human Services Mr. Kirk Turner, Dir., Planning 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 APRIL 23, 2014 Ms. Blakley stated the Board has received a revision to the appropriations resolution on page 345 in the minutes. Ms. Jaeckle stated she would need more time to review the information. On motion of Ms. Jaeckle, seconded by Mr. Gecker, the Board deferred approval of the minutes of April 23, 2014, until June 25, 2014. Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 2. COUNTY ADMINISTRATOR'S COMMENTS A. COUNTY ADMINISTRATOR'S REPORT B. PRESENTATION OF ANNUAL REPORT OF THE JAMES RIVER SOIL AND WATER CONSERVATION DISTRICT Mr. George Fickett, Jr., Civil War historian, updated the Board of Supervisors relative to Civil War tourism and visitors to Chesterfield County. Mr. Elswick, Mr. Holland and Ms. Jaeckle expressed their appreciation and commended Mr. Fickett's efforts. They stated his historical knowledge and education is a tremendous asset to Chesterfield County. Ms. Margie Davis, Chairperson and Chesterfield County elected director to the James River Soil and Water Conservation District, presented the district's annual report to the Board of Supervisors. Mr. Holland expressed his appreciation to Ms. Davis for her informative presentation. • Mr. Stegmaier announced that the Government Finance Officers Association, GFOA, has awarded Chesterfield County's Accounting Department with a Certificate of Achievement for Excellence in Financial Reporting for its annual financial report for the fiscal year that ended June 30, 2013. • Mr. Stegmaier was pleased to report that Chesterfield County was named third in the Silver Division or twenty- eighth overall out of the 58 organizations recognized by Chief Learning Officer magazine as learning and development leaders at the 2014 LearningElite event. J J 14-354 05/28/14 • Mr. Stegmaier announced that Avail Vapor has purchased a 37,515 square foot building in Southport for their headquarters and manufacturing operations. He also announced that Phillip Morris USA is building a new tobacco leaf storage facility in Chesterfield County. He stated the decision encompassed a multi-state site search and the capital investment will total over $50 million. • Mr. Stegmaier was pleased to report that Midlothian- based Napier Realtors was named the top workplace among small companies, with 149 or fewer employees, in the Sterling Workplace Awards for the Richmond area. Mr. Stegmaier shared a video with members of the Board relative to volunteers in the county and their tremendous impact on the quality of life in the community. Mr. Holland stressed the importance of employee training and volunteerism and the outstanding influences on the public as a result. 3. BOARD MEMBER REPORTS Ms. Jaeckle announced the Bermuda District will hold a community meeting regarding the adopted Chesterfield County FY2015 budget with Ms. Carrie Coyner on June 4th at 7:00 p.m. at Thomas Dale High School and on June 17th at 1:30 p.m. at Chester United Methodist Church. Mr. Warren complimented county staff and volunteers for their contributions to the success of the county and improvements to the quality of life. He also announced he recently had cataract surgery to correct his vision. Mr. Gecker commended Planning staff who attended Victorian Day in Bon Air in order to collect information and get a sense for the citizenry relative to the Comprehensive Plan. Mr. Holland announced the Dale District held a community meeting on May 20th and will hold another community meeting regarding cash proffers on June 2nd at 2:00 p.m. at Meadowdale Library. He then read the following statement: Since 1963, the United States has recognized the more than 30 million small businesses and their impact on the American economy, by designating May as National Small Business Month. At least half of Americans either own or work for a small business and they create about two out of every three new jobs each year. Virginia's number one employer is small business and right here in Chesterfield County, approximately 730 of the County's businesses have 9 or fewer employees. These businesses are a critical sector of Chesterfield County's economy and contribute significantly to the economic vitality of our community. During the month of May, I would like to reaffirm our commitment to supporting the growth and expansion of our existing small businesses. I would like to take this opportunity to congratulate and thank all of our entrepreneurs for their contributions to keeping our community healthy. We will continue to strive t.o provide a business climate in Chesterfield County that is conducive to their growth and success." Mr. Elswick and Mr. Holland announced that they both attended Colonel Jesse J. Mayes' 100th birthday celebration at the Sitter and Barefoot Veterans Care Center on May 21St 14-355 05/28/14 4. REQUESTS TO POSTPONE AGENDA ITEMS AND ADDITIONS, DELETIONS OR CHANGES IN THE ORDER OF PRESENTATION On motion of Mr. Warren, seconded by Mr. Elswick, the Board added Item 8.C.6.e., Set Date for Public Hearing to Consider an Amendment to the County Code Relative to Mandatory Utility Connections; added Item 8.C.19.c., Transfer of District Improvement Funds from the Bermuda District Improvement Fund to"the Parks and Recreation Department for the Construction of a Quarter Mile Walking Track at Elizabeth Scott Elementary School; replaced Item 9.B., Report on the Status of General Fund Balance, Reserve for Future Capital Projects, District Improvement Funds and Lease Purchases; and replaced Item 15.A., Resolution Recognizing Ms. Alice Stokes, Chesterfield Department of Mental Health Support Services, Upon Her Retirement. Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 5. RESOLUTIONS 5.A. RECOGNIZING DAVE AND LINDA SCOTT AS CHESTERFIELD COUNTY'S 2014 TREASURED VOLUNTEERS Ms. Selby introduced Dave and Linda Scott, who were presented to receive the resolution. On motion of Mr. Holland, seconded by Mr. Elswick, the Board adopted the following. resolution: WHEREAS, Dave and Linda Scott are recognized as volunteers and valued contributors to Chesterfield County's Parks and Recreation Department; and WHEREAS, Mr. and Mrs. Scott have coordinated the highly successful Pickleball Program for the Fifty-Plus Active Lifestyles group; and WHEREAS, Mr. and Mrs. Scott exemplify dedication by volunteering 60 hours each week; and WHEREAS, Mr. and Mrs. Scott are committed to keeping the county's senior population active through sports by facilitating 500 program participants each week and growing; and WHEREAS, Mr. and Mrs. Scott used their personal resources to start the Pickleball Program and made themselves available seven days a week for teaching new students and organizing play as popularity continued to increase; and WHEREAS, Mr. and Mrs. Scott are recognized by the USA Pickleball Association as the Ambassadors of Pickleball for Chesterfield County. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 28th day of May 2014, publicly recognizes Dave and Linda Scott, as Chesterfield County's 2014 Treasured Volunteers. AND, BE IT FURTHER RESOLVED that a copy of this resolution be presented to Mr. and Mrs. Scott 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. J J J 14-356 05/28/14 Mr. Holland presented the executed resolution to Dave and Linda Scott and commended them for being exemplary volunteers and valuable contributors to Chesterfield County. commitment to the Parks and Recreation Department. Mr. Gecker, Ms. Jaeckle, Mr. Warren and Mr. Elswick all expressed appreciation to the couple for their leadership and Mr. Golden also thanked the couple for their commitment to keeping the county's senior population active through sports. Mr. Stegmaier highly praised Mr. and Mrs. Scott for their volunteerism and dedication to the county. Mrs. Scott expressed her sincere appreciation to the Board for the special recognition. 5.B. RECOGNIZING CORPORAL C. R. "RANDY" LEEDY, POLICE DEPARTMENT, UPON HIS RETIREMENT Col. Dupuis introduced Corporal C. R. "Randy" Leedy, who was present to receive the resolution. On motion of Mr. Holland, seconded by Mr. Gecker, the Board adopted the following resolution: WHEREAS, Corporal C. R. "Randy" Leedy retired from the Chesterfield County Police Department on May 1, 2014, after providing nearly 29 years of outstanding quality service to the citizens of Chesterfield County; and WHEREAS, Corporal Leedy has faithfully served the county in the capacity of Patrol Officer, Senior, Master, Career Police Officer and Corporal; and WHEREAS, Corporal Leedy also served in the capacity of Evidence Technician, Community Policing Officer, Escort and Warrant. Officer, Patrol Rifle Operator, Field Training Officer, General Instructor and as a member of the Truck Inspection Team and Marine Patrol; and WHEREAS, Corporal Leedy received a Chief's Commendation for his diligent work while serving as a member of the Ettrick Task Force. The task force was highly successful in its goal of reducing drug activity, related disorderly conduct, and decreasing robberies in the area; and WHEREAS, Corporal Leedy was recognized with a Certificate of Achievement for his professionalism in conducting a truck safety program, and his diligence resulted in safer roadways in Chesterfield County; and WHEREAS, Corporal Leedy was instrumental in achieving the goal of keeping a banking establishment in the Village of Ettrick when he and his fellow committee members successfully presented a detailed and professional presentation to community bank executives, resulting in the decision to establish a branch location in Ettrick, thereby providing the citizens with a close banking facility; and WHEREAS, Corporal Leedy was the recipient of a Combat Ribbon for his actions of bravery and professionalism while he and his fellow officers were being fired upon by a suspect, and due to the quick actions and cool minds of the officers, the suspect was subdued and arrested, with no lives lost, including the suspect's; and 14-357 05/28/14 WHEREAS, Corporal Leedy is recognized for his excellent communications and human relations skills, his professionalism and his teamwork, all of which he has utilized within the Police Department and in assisting citizens of Chesterfield County; and WHEREAS, Corporal Leedy has received numerous letters of commendation, thanks and appreciation for services rendered; and WHEREAS, Corporal Leedy has provided the Chesterfield County Police Department with many years of loyal and dedicated service; and WHEREAS, Chesterfield County and the Board of Supervisors will miss Corporal Leedy's diligent service. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 28th day of May 2014, publicly recognizes Corporal C. R. "Randy" Leedy, and extends on behalf of its members and the citizens of Chesterfield County, appreciation for his service to the county, congratulations upon his retirement, and best wishes for a long and happy retirement. AND, BE IT FURTHER RESOLVED that a copy of this resolution be presented to Corporal Leedy 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 Corporal Leedy, commended him on his dedication and service to the county, and wished him a long and enjoyable retirement. Mr. Elswick, Mr. Gecker, Ms. Jaeckle and Mr. Warren all expressed appreciation to Corporal Leedy for his excellent service to the county and wished him well in his retirement. Mr. Stegmaier presented Corporal Leedy with an acrylic statue and county watch, congratulated him on his retirement and expressed appreciation for his outstanding service to the county. Corporal Leedy expressed his appreciation to the Board for the special recognition. 5.C. RECOGNIZING COLONEL THOMAS A. RIVARD FOR HIS OUTSTANDING CONTRIBUTIONS TO CHESTERFIELD COUNTY Mr. Davis introduced Colonel Thomas A. Rivard, who was present to receive the resolution. On motion of Mr. Holland, seconded by Mr. Elswick, the Board adopted the following resolution: WHEREAS, in June 2012, Colonel Thomas A. Rivard arrived at Fort Lee and assumed command of the 59th Ordnance Brigade; and WHEREAS, Colonel Rivard initially reached out to Chesterfield County about the U.S. Army's desire to develop strong community ties, and expressed those intentions at a briefing of the Board of Supervisors on November 14, 2012; and J J J 14-358 05/28/14 WHEREAS, the widely-used term within the U.S. Army, Community Connect, describes active efforts to directly engage a wide spectrum of businesses, organizations and local community and education leaders to bring them closer to the soldiers who serve them; and WHEREAS, soldiers from the Brigade have provided literally thousands of hours of community service at more than several hundred successful community engagement events throughout Chesterfield County in support of many organizations and events; and WHEREAS, these events include the Chesterfield Chamber of Commerce's annual Celebration of the Vine event, and support for organizations that include Habitat for Humanity, Spring Arbor Retirement Home, Chesterfield Historical Society, Chesterfield Humane Society, Sitter and Barfoot Veterans Care Center and Veterans of Foreign Wars; and WHEREAS, soldiers provided countless hours of work developing trails and other recreational facilities, as well as clean up, along the Appomattox River in support of the Friends of the Lower Appomattox River and Chesterfield County's Department of Parks and Recreation; and WHEREAS, the Brigade's support to Chesterfield County Public Schools has included support for Beulah, Ettrick, Falling Creek, Harrowgate, Jacobs Road, Marguerite Christian, Matoaca and Elizabeth Scott elementary schools; for Falling Creek, Manchester, Matoaca and Swift Creek middle schools; and for Chesterfield Community and Manchester high schools; and WHEREAS, Colonel Rivard has personally developed very close relationships with members of the Chesterfield County Chamber of Commerce and has become a regular attendee at their luncheons, enabling him to make the necessary connections to find out about areas of need in the county where the Army's outreach efforts could help to make a difference; and WHEREAS, in March 2014, Fort Lee was recognized as the Chesterfield County Public School District 2014 Volunteer Organization of the Year in Support of Schools, largely due to the outreach efforts of the 59th Ordnance Brigade; and WHEREAS, Colonel Rivard departs his command at Fort Lee on June 27, 2014, and will be assigned to the Pentagon as his next duty position; and WHEREAS, Colonel Rivard will be missed for his leadership, community focus and ability to make meaningful contributions to Chesterfield County. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 28th day of May 2014, publicly recognizes the exemplary achievements and civic service of Colonel Thomas A. Rivard, expresses appreciation on behalf of all Chesterfield County residents, and extends best wishes for his continued success in his career. AND, BE IT FURTHER RESOLVED, that a copy of this resolution be presented to Colonel Rivard 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. 14-359 05/28/14 Mr. Holland presented the executed resolution to Colonel Rivar~ commended his exemplary achievements and civic service to community. Ms. Jaeckle, Mr. Warren, Mr. Elswick and Mr. Gecker expressed appreciation for the Brigade's support to Chesterfield County Public Schools and Colonel Rivard's stellar outreach efforts and service to the county. Mr. Stegmaier highly praised Colonel Rivard for his outstanding and dedicated service to Chesterfield County and wished him well in his future endeavors. Colonel Rivard, accompanied by his wife, expressed his sincere gratitude to the Board for the special recognition. 5.D. RECOGNIZING MR. GREGORY D. PEARSON FOR HIS OUTSTANDING SERVICE TO CHESTERFIELD COUNTY Ms. Ruth introduced Mr. Gregory D. Pearson, who was present to receive the resolution. On motion of Mr. Holland, seconded by Mr. Warren, the Board adopted the following resolution: WHEREAS, Mr. Gregory D. Pearson was born in Douglas, Arizona and graduated from DePauw University in Greencastle, Indiana with a major in psychology; and WHEREAS, Mr. Pearson served in the U.S. Air Force as a captain for five years of service, and was a Viet Nam volunteer who served in Thailand in 1968; and WHEREAS, in 1972, Mr. Pearson began his career in radio, first as a disc jockey in Warrenton, Virginia, then as the general manager of a radio station in Fairfax, Virginia, before moving to Chesterfield County in 1977 to become the vice president and general manager of radio stations WRNL and WRXL and the Virginia News Network, which provided statewide news to 70 radio stations; and WHEREAS, in 1983, Mr. Pearson became the advertising director of S&K Famous Brands, was quickly promoted to the position of senior vice president of marketing and advertising, and was one of seven members of the executive committee that ran the company; and WHEREAS, in 1990, Mr. Pearson started Media Buying Associates, an advertising agency that created print, radio and television advertising, and bought media for a variety of clients including Merchant's Tire and Auto Centers, S&K Menswear, Don Olsen Tire and Auto Centers in Florida and Lipton Tea in Virginia; and WHEREAS, in September 1995, Mr. Pearson began the Chesterfield Observer, serving as editor to this monthly newspaper that had a circulation of 7,000 and delivered to homes in the Brandermill and Woodlake communities; and WHEREAS, during the next ten years, the Observer continued to grow in frequency of publication and circulation, and in February 2006, became a weekly newspaper with Mr. Pearson moving to the role of publisher and continuing his reporting on county government; and 14-360 and the J J J 05/28/14 WHEREAS, in 2011, the Chesterfield Business Council named the Observer the "Small Business of the Year" in Chesterfield; and WHEREAS, in 2012, the company created Local News, LLC as a holding company and launched Chesterfield Monthly, a monthly news and lifestyle magazine with the largest circulation of any monthly magazine in Virginia; and WHEREAS, during a time when newspapers nationwide are suffering declines in circulation and revenue, Mr. Pearson has led the growth of the Observer, with a circulation that has increased 47 percent since 2006, revenue that has increased 136 percent and recognition as the largest weekly newspaper in Virginia with a circulation of 70,789; and WHEREAS, on May 7, 2014, Mr. Pearson sold Local News, LLC, including the newspaper, magazines and the office building to long-time employee and advertising director Carol McCracken and her husband Frank so that he could begin his retirement; and WHEREAS, Mr. Pearson has been an active member of the Chesterfield County community and has served in numerous leadership roles including a member of the Chesterfield Chamber of Commerce, a member of its board of directors from 2007-2009, and received the President's Award in 2007 and Chairman's Award in 2009; and WHEREAS, Mr. Pearson served as a member of the Virginia Press Association and Chesterfield Business Council for the past 15 years; and WHEREAS, Mr. Pearson was elected to the board of directors for the Brandermill Community Association in 2000- 2001 and was recently elected for another three-year term and currently serves as the first vice president; and WHEREAS, Mr. Pearson has provided tremendous service to the Chesterfield County community through timely information in his publications and through his many leadership contributions. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 28th day of May 2014, publicly recognizes the exemplary achievements and civic service of Mr. Gregory D. Pearson, expresses appreciation on behalf of all Chesterfield County residents, and extends best wishes for a long and happy retirement. AND, BE IT FURTHER RESOLVED that a copy of this resolution be presented to Mr. Pearson 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 Mr. Pearson, commended him for his many leadership contributions and wished him well in future endeavors. Mr. Gecker, Mr. Elswick, Ms. Jaeckle and Mr. Warren commended Mr. Pearson for his fair and accurate reporting on county government and wished him a long and happy retirement. 14-361 05/28/14 Mr. Stegmaier congratulated Mr. Pearson on his many achievements and civic service to the county and wished him an enjoyable retirement. Mr. Pearson, accompanied by his fiance, expressed his appreciation to the Board for the special recognition. 5.E. RECOGNIZING SABRA DIPPING COMPANY, LLC FOR ITS CONTRIBUTIONS TO CHESTERFIELD COUNTY Mr. Davis introduced Mr. Meiky Tollman, who was present to receive the resolution. On motion of Mr. Holland, seconded by Mr. Gecker, the Board adopted the following resolution: WHEREAS, the Chesterfield County Board of Supervisors and Chesterfield County Economic Development recognize existing businesses within the county that contribute to the county's economy and its citizens; and WHEREAS, Sabra was originally founded in 1986 in Queens, New York as Sabra Blue and White Foods with the simple mission of bringing the healthy and delicious cuisine of the Mediterranean to people's everyday diets; and WHEREAS, Sabra Dipping Company, LLC was created through a joint venture between two independent, global food companies - Strauss Group, Israel's second-largest food and beverage company and Frito-Lay North America, a convenient foods business unit of PepsiCo; and WHEREAS, in November 2008, Sabra Dipping Company, LLC announced the opening of a state-of-the-art food processing plant in Chesterfield County to produce its award-winning branded dips and spreads, including the country's best- selling Sabra hummus and vegetable dips, investing $59 million and creating 260 new jobs; and WHEREAS, in June 2012, Sabra Dipping Company, LLC announced an expansion of its hummus production and the opening of its Center of Excellence, a research and development facility focused on best practices on all aspects of culinary, food science, production, engineering, packaging, supply chain and product delivery, investing $28 million and creating 90 new jobs; and WHEREAS, Sabra Dipping Company, LLC has taken the lead in groundbreaking agricultural initiatives with local universities, including research on chickpeas, fruits and vegetables, to increase the use of local resources; and WHEREAS, in April 2013, Sabra Dipping Company, LLC announced the second expansion of its manufacturing facility, doubling the size of the facility and investing another $86 million and creating 140 new jobs; and WHEREAS, Sabra Dipping Company, percent of the market share and from seen revenues grow by more than 400 ~ brand has gone from less than 2 penetration to more than 18 points of and 14-362 LLC has more than 60 2007 through 2013 has >ercent while the Sabra points of household household penetration; 05/28/14 J J WHEREAS, Sabra Dipping Company, LLC is a leader in the refrigerated dips and spreads category and the producers of America's top-selling hummus. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 28th day of May 2014, publicly recognizes Sabra Dipping Company, LLC, express gratitude for Sabra's many contributions to the county and congratulates them on their success. AND, BE IT FURTHER RESOLVED that a copy of this resolution be presented to Sabra Dipping Company, LLC 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 Mr. Tollman and expressed appreciation for his many influences on the county. Ms. Jaeckle, Mr. Warren, Mr. Elswick and Mr. Gecker all highly praised Mr. Tollman for his success in the county and many contributions to the county's economy and its citizens. Mr. Stegmaier also highly praised Mr. Tollman for the success of his corporation and expressed appreciation for the business' many contributions to the community. Mr. Tollman expressed his gratitude to the Board for the special recognition. He also announced that samples of Sabra products would be available to the audience. 6. WORK SESSIONS There were no Work Sessions at this time. 7. DEFERRED ITEMS 7.A. EXCHANGE OF PARCELS OF LAND AND RELOCATION OF INGRESS AND EGRESS EASEMENTS IN MAGNOLIA GREEN Mr. Dupler stated the memorandum of understanding .for the Magnolia Green Community Development Authority has not yet been finalized and asked the Board to defer consideration to the August 27 regularly scheduled meeting, or until the memorandum of understanding for the Magnolia Green Community Development Authority is completed, if that occurs before August 27. On motion of Mr. Elswick, seconded by Mr. Warren, the Board deferred approval of the exchange of parcels of land and relocation of ingress and egress easements in Magnolia Green until August 27, 2014, or until the memorandum of understanding for the Magnolia Green Community Development Authority is completed, if that occurs before August 27. Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 14-363 05/28/14 8. NEW BUSINESS 8.A. APPOINTMENTS On motion of Mr. Warren, seconded by Ms. Jaeckle, the Board suspended it rules to allow simultaneous nomination /appointment/reappointment of members to the Citizens Transportation Advisory Committee, Richmond First Tee Board of Directors, Economic Development Authority, Riverside Regional Jail Authority and Community Criminal Justice Board. Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 8.A.1. CITIZENS TRANSPORTATION ADVISORY COMMITTEE On motion of Ms. Jaeckle, seconded by Mr. Elswick, the Board simultaneously nominated/reappointed Mr. Herbert Richwine, Captain John K. Jacobs and Mr. Jonathan H. Jackson (alternate), to serve on the Citizens Transportation Advisory Committee, whose terms are effective on June 1, 2014, and will expire June 30, 2016. Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 8.A.2. RICHMOND FIRST TEE BOARD OF DIRECTORS On motion of Ms. Jaeckle, seconded by Mr. Warren, the Board simultaneously nominated/reappointed Mr. Scott A. Rinaldi, to serve on the Richmond First Tee Board of Directors, whose term is effective June 1, 2014, and will expire on May 31, 2017. And, further, the Board appointed Mr. Eugene T. Thomas, Jr., to serve on the Richmond First Tee Board of Directors, whose term is effective June 1, 2014, and will expire on May 31, 2017. Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 8.A.3. ECONOMIC DEVELOPMENT AUTHORITY On motion of Ms. Jaeckle, seconded by Mr. Warren, the Board simultaneously nominated/reappointed Mr. John Ruckart, to serve on the Economic Development Authority, whose term is effective July 1, 2014, and will expire on June 30, 2018. Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 8.A.4. RIVERSIDE REGIONAL JAIL AUTHORITY On motion of Ms. Jaeckle, seconded by Mr. Warren, the Board simultaneously nominated/reappointed Dr. Sheryl Bailey as the county's member on the Riverside Regional Jail Authority, and Ms. Mary Ann Curtin as the alternate member, whose terms are effective July 1, 2014, and expire on June 30, 2018. 14-364 J J 05/28/14 And, further, the Board adopted the following resolution: WHEREAS, Chapter 726 of the 1990 Acts of Assembly created the Riverside Regional Jail Authority (the "Authority"), which legislation was amended by Chapter 228 of the 1993 Acts of Assembly and Chapter 642 of the 1999 Acts of Assembly; and WHEREAS, the Board of the Authority consists of the sheriff from each member jurisdiction and one additional member (plus an alternate, if desired) from the jurisdiction appointed by the governing body for a four-year term; and WHEREAS, the term of the member and alternate appointed by the governing bodies expire June 30, 2014. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Chesterfield County that Dr. Sheryl D. Bailey is appointed as a member of the Board of the Riverside Regional Jail Authority, for a term beginning July 1, 2014, and ending June 30, 2018, and that Ms. Mary Ann Curtin is appointed as an alternate to the Board for the same term. Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 8.A.5. COMMUNITY CRIMINAL JUSTICE BOARD On motion of Mr. Holland, seconded by Mr. Warren, the Board simultaneously nominated/appointed/reappointed The Honorable Frederick G. Rockwell, III, The Honorable Keith N. Hurley, The Honorable William W. Davenport, Col. Thierry G. Dupuis, Mr. Robert Talley, Mr. Lee Coble, Mrs. Robin Autry, The Honorable Todd B. Wilson, Col. Jeffrey W. Faries, Mrs. Eileen Brown and Ms. Rachael Gillus, to serve on the Community Criminal Justice Board whose terms are effective July 1, 2014, and will expire on June 30, 2016. Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 8.B. STREETLIGHT INSTALLATION APPROVAL On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board approved the following streetlight installation in the Bermuda District: • In the Rayon Park subdivision On Telbury Street, between 7610 and 7620 Cost to install streetlight: $2,287.29 Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 14-365 05/28/14 8.C. CONSENT ITEMS 8.C.1. ADOPTION OF RESOLUTIONS 8.C.l.a. RECOGNIZING COLONEL JESSE J. MAYES ON THE OCCASION OF HIS 100TH BIRTHDAY On motion of Mr. Warren, seconded by Ms. Jaeckle, the Board adopted the following resolution: WHEREAS, Colonel Jesse J. Mayes is the fifth of eight children born to George and Annie Mayes in Skippers, Virginia on May 21, 1914; and WHEREAS, Colonel Mayes received a certificate from St. Paul's College in 1937 and a B.S. in mathematics from Florida A & M University in 1939, where he received an award as an All-American end in football; and WHEREAS, Colonel Mayes taught mathematics at the Henderson Institute in Henderson, North Carolina; and WHEREAS, Colonel Mayes entered the U.S. Army as a private in 1942 and served during World War II, attended Officer Candidate School, and served in the 555th Parachute Infantry Battalion, the first Black airborne unit; and WHEREAS, after the war's end, Colonel Mayes continued his military service in the 555th PIB and the 82nd Airborne Division where he achieved Master Parachutist rating and commanded Battery C of the 80th Airborne Artillery; and WHEREAS, Colonel Mayes went on to other Army assignments, including to the General Staff of the US Army element of the North American Air Defense Command at Peterson Air Force Base (on Ent Avenue), Colorado Springs, Colorado; and to the Staff and Faculty of the Medium Altitude Missile Department at the US Army Air Defense School, Fort Bliss, Texas; and WHEREAS, in 1959, Colonel Mayes relocated to Ettrick, where he was assigned to the position of Professor of Military Science for the Virginia State College ROTC; and WHEREAS, in 1962 Colonel Science degree in mathematics and Mayes was awarded a Master of from Virginia State College; WHEREAS, Colonel Mayes retired at the rank of Lieutenant Colonel from the U.S. Army in 1964 and became an Associate Professor of mathematics at Virginia State and later became the Director of the Computer Center at VSC; and WHEREAS, Colonel Mayes maintained his Ettrick, residence, but commuted to Washington D.C. where he served from 1969 to 1975 as Professor, Department Chair, and Director of the Computer Center at the Federal City College; and from 1975 to 1978 as Professor and Department Chair at Washington Technical Institute; and from 1978-1979 as Professor and Dean of Computer Technology at the University of the District of Columbia; and J J 14-366 05/28/14 WHEREAS, Colonel Mayes retired in 1979 from the University System and became a computer consultant to the President at Virginia State College; and WHEREAS, Colonel Mayes served as president of the Civic and Progressive Action Association of the Matoaca Magisterial District (CAPAAMMD) from 1980 to 1984; and WHEREAS, Colonel Mayes was elected and served two terms on the Chesterfield County Board of Supervisors representing the Matoaca District from 1984 to 1991; and WHEREAS, Colonel Mayes was a dedicated member of several academic, civic, church, community and professional organizations, including the 555th Parachute Infantry Association (where he served terms as secretary and treasurer) . WHEREAS, Colonel Mayes received many civic and academic awards, honors, and certificates, including the Legion of Merit (US Army) in 1964; and WHEREAS, Colonel Mayes was married for 59 years to the former Virdell Roberts, who passed away on April 5th, 2004; and he is the father of one daughter, Jesselle M. Christenson and two grandchildren, Jesselle E. Albert and Erik M. Christenson; and WHEREAS, Colonel Mayes is an esteemed member of the community and patriotic American who faithfully served his country in times of war and peace; and WHEREAS, Colonel Mayes' 100th birthday, on May 21, 2014, is an appropriate time to recognize a lifetime marked by patriotism, service, leadership and an unsurpassed work ethic. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes the inspirational accomplishments and example set by Colonel Jesse J. Mayes, and on the occasion of his 100th birthday, extends to him on behalf of all Chesterfield County residents hearty congratulations and best wishes. Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 8.C.l.b. RECOGNIZING COUNTY EMPLOYEES UPON THEIR RETIREMENT 8.C.1.b.1. MR. GARY O. HARRIS, GENERAL SERVICES, FLEET MANAGEMENT DIVISION On motion of Mr. Warren, seconded by Ms. Jaeckle, the Board adopted the following resolution: WHEREAS, Mr. Gary O. Harris joined Chesterfield County Pupil Transportation on April 1, 1981, as a Service Mechanic 1 at the Courthouse Bus Shop; and WHEREAS, in 1985, Mr. Harris was promoted to a mechanic's helper; and 14-367 05/28/14 WHEREAS, in 1987, Mr. Harris was promoted to a Class 1 Mechanic; and WHEREAS, in 1990, Mr. Harris was promoted to a Class 2 Mechanic and assisted in the body repair of more than 300 buses; and WHEREAS, in 1992, when fleet consolidation took place, Mr. Harris became an employee of the Department of General Services, still serving as a school bus technician; and WHEREAS, in 1994, Mr. Harris obtained his Virginia State Inspector's License; and WHEREAS, Mr. Harris has seen the county's school bus fleet grow to more than 600 buses; and WHEREAS, Mr. Harris has been instrumental in maintaining an average daily school bus availability rate of 97 percent; and WHEREAS, Mr. Harris tutored and mentored his co-workers to become the best in their field; and WHEREAS, Mr. Harris provided after-hours service and roadside assistance to the Chesterfield County Pupil Transportation Department for 33 years, responding and repairing school buses on the side of the road and at offsite locations, to ensure the safe delivery of Chesterfield County's school children; and WHEREAS, Mr. Harris participated in the annual Special Olympics Program held at the University of Richmond, providing mechanical assistance when needed to more than 30 Special Needs buses and drivers; and WHEREAS, Mr. Harris is a technically-qualified, highly- competent technician, dedicated to providing world-class, consistently excellent customer service to Chesterfield County Government and Chesterfield County Public Schools, as well as to the public; and WHEREAS, Mr. Harris has consistently performed his duties and responsibilities in a professional manner and placed the welfare and safety of students, faculty, citizens, and fellow county employees above his own personal comfort and feelings and will be missed by his fellow co-workers and customers. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes the outstanding contributions of Mr. Gary O. Harris, 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. Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. J J J 14-368 05/28/14 8.C.1.b.2. MR. MICHAEL A. WHITE, GENERAL SERVICES, BUILDINGS AND GROUNDS DIVISION On motion of Mr. Warren, seconded by Ms. Jaeckle, the Board adopted the following resolution: WHEREAS, Mr. Michael A. White was hired by Chesterfield County, Department of General Services, on March 13, 1995, as an Assistant Custodial Supervisor in the Buildings and Grounds Division; and WHEREAS, Mr. White was instrumental in the transition of the night custodial staff to a daytime custodial staff schedule; and WHEREAS, Mr. White assisted in implementing environmentally-friendly housekeeping practices; and WHEREAS, Mr. White made effective decisions delegating, empowering and confronting challenges within the division; and WHEREAS, Mr. White's leadership skills gave insight on rearranging schedules to accommodate a customer base with diverse scheduling and cleaning requirements; and WHEREAS, Mr. White communicated well with employees and supervisors on daily assignments and promoted a team concept with the staff; and WHEREAS, Mr. White continued his professional training throughout his career; and WHEREAS, Mr. White used his knowledge of the total- quality-improvement (TQI) processes to effectively assist the custodial staff with ideas to become more efficient and productive; and WHEREAS, Mr. White was recognized for taking on extra responsibilities during the absence of a custodial supervisor and was committed to upholding quality standards and promoting teamwork; and WHEREAS, Mr. White projected a positive image of Chesterfield County, and responded well to inquiries and concerns from customers to assure that services were meeting their needs; and WHEREAS, Mr. White applied technical knowledge and experience to perform his job effectively and shared his knowledge with co-workers during his 19 years of service with Chesterfield County. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes the outstanding contributions of Mr. Michael A. White, 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. Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 14-369 05/28/14 8.C.1.b.3. MRS. CONNIE DETWILER, RISK MANAGEMENT DEPARTMENT On motion of Mr. Warren, seconded by Ms. Jaeckle, the Board adopted the following resolution: WHEREAS, Mrs. Connie Detwiler will retire as a Risk Management Claims Technician on June 1, 2014, after providing nearly 23 years of dedicated and faithful service to Chesterfield County; and WHEREAS, Mrs. Detwiler began her career as a Secretary in 1991 with the Police Department; and WHEREAS, Mrs. Detwiler transferred from the Police Department in 1994 to the Department of Risk Management as Secretary; and WHEREAS, Mrs. Detwiler provided tremendous administrative support in providing risk management services to Chesterfield County and Chesterfield County Public Schools; and WHEREAS, Mrs. Detwiler was promoted to a Claims Technician in March 1998 and has provided claims services to Chesterfield County and Chesterfield County Public Schools; and WHEREAS, Mrs. Detwiler provided a high level of customer service when working with employees, managers, officials, insurance companies, medical providers and the general public in responding to their needs in her role as Claims Technician, and often going out of her way to meet a need and exceeding customer expectations throughout her career; and WHEREAS, Mrs. Detwiler has received numerous commendations and expressions of appreciation for service rendered to customers; and WHEREAS, Mrs. Detwiler demonstrated teamwork and dedication by supporting her coworkers in any and all projects or initiatives and has always been willing to assist in any way to get the job done; and WHEREAS, Mrs. Detwiler has demonstrated her loyalty to the Department of Risk Management, Chesterfield County and Chesterfield County Public Schools and their customers through her dedication and conscientiousness by working to ensure a seamless transition upon her retirement. NOW, THEREFORE, BE IT County Board of Supervisors and extends its appreciation service to the county and upon her retirement, and be retirement. RESOLVED that the Chesterfield recognizes Mrs. Connie Detwiler for nearly 23 years of dedicated public schools, congratulations Est wishes for a long and happy Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 14-370 J J J 05/28/14 8.C.1.b.4. CORPORAL JOHN L. GONZALEZ, POLICE DEPARTMENT On motion of Mr. Warren, seconded by Ms. Jaeckle, the Board adopted the following resolution: WHEREAS, Corporal John L. Gonzalez will retire from the Chesterfield County Police Department on June 1, 2014, after providing more than 27 years of outstanding quality service to the citizens of Chesterfield County; and WHEREAS, Corporal Gonzalez has faithfully served the county in the capacity of Patrol Officer, Detective, Detective First Class, Senior, Master, Career Detective and Corporal; and WHEREAS, Corporal Gonzalez has assignments throughout his career, Technician, Field Training Officer, Gee as a member of the Drug Enforcement Force, Police Emergency Response Team, and Tactical Team; and served in various including Evidence zeral Instructor, and Administration Task and Special Weapons WHEREAS, Corporal Gonzalez received a Certificate of Achievement for his extensive and thorough investigation into a series of larcenies that were occurring in Chesterfield County; the suspects were located, charged, and ordered to pay restitution to the victims; and WHEREAS, Corporal Gonzalez was recognized with a Certificate of Commendation for his perseverance, professionalism and investigative skills during the multijurisdictional Park Lee homicide investigation, and due to the efforts of Corporal Gonzalez and his fellow detectives, a high level narcotics network was closed and the members prosecuted for numerous narcotics and racketeering violations; and WHEREAS, Corporal Gonzalez was the recipient of a Meritorious Service Award for eleven years of dedicated service on the Special Weapons and Tactics Team, serving in many capacities, including Entry Team Operation, Breacher and Gas Munitions Operator, demonstrating fearless courage in the face of numerous high risk situations, and his exceptional performance helped the department successfully resolve numerous tactical situations, which ultimately saved lives; and WHEREAS, Corporal Gonzalez received a Chief's Commendation Award for distinguishing himself as a member of the Vice and Narcotics Unit during a surveillance assignment, which involved extreme patience, teamwork and sacrifice, and the efforts of the team contributed significantly to the apprehension of an extremely dangerous suspect; and WHEREAS, Corporal Gonzalez has received numerous Unit Citations while serving as a member of the Anti-Crime Unit, Police Emergency Response Team, and the Tactical Investigations Unit, and he and his co-workers are commended for their flexibility, teamwork and dedication to duty, which has contributed to the successful conclusion of many incidents, the clearance of numerous cases, and national recognition for their achievements; and 14-371 05/28/14 WHEREAS, Corporal Gonzalez is recognized for his excellent communications and human relations skills, his professionalism and his teamwork, all of which he has utilized within the Police Department and in assisting citizens of Chesterfield County; and WHEREAS, Corporal Gonzalez has received numerous letters of commendation, thanks and appreciation for services rendered; and WHEREAS, Corporal Gonzalez has provided the Chesterfield County Police Department with many years of loyal and dedicated service; and WHEREAS, Chesterfield County and the Board of Supervisors will miss Corporal Gonzalez's diligent service. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes Corporal John L. Gonzalez, and extends on behalf of its members and the citizens of Chesterfield County, appreciation for his service to the county, congratulations upon his retirement, and best wishes for a long and happy retirement. Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 8.C.1.b.5. MR. MICHAEL M. NEATHERY, UTILITIES DEPARTMENT On motion of Mr. Warren, seconded by Ms. Jaeckle, the Board adopted the following resolution: WHEREAS, Mr. Michael M. Neathery will retire from the Chesterfield County Utilities Department on June 1, 2014; and WHEREAS, Mr. Neathery began his public service with Chesterfield County on February 2, 1981, when he was hired by the Chesterfield County Utilities Department as an Operator Trainee and was promoted to Senior Utility Worker on July 1, 1990, where he served faithfully in that position until his retirement; and WHEREAS, Mr. Neathery effectively performed both routine and corrective maintenance on essential equipment at the Proctors Creek Wastewater Treatment Plant; and WHEREAS, from 1981 to 2014, Mr. Neathery brought the Chesterfield County Utilities Department into the new millennium as a responsible protector of the environment by ensuring plant process controls were not interrupted, ensuring that the wastewater that was treated was safe, reliable and environmentally sound; and WHEREAS, Mr. Neathery strived to ensure the Chesterfield County Department of Utilities was an employer of choice and maintained a high-performing work force by assisting the Maintenance Supervisor with the training of new maintenance staff; and WHEREAS, Mr. Neathery was highly respected by his peers and co-workers for his knowledge of plant equipment and his dedicated work ethic; and 14-372 J J 05/28/14 WHEREAS, Mr. Neathery freely shared his knowledge and expertise with his colleagues to aid them in their growth and development; and WHEREAS, Mr. Neathery willingly and faithfully assisted with relief staffing, when needed, which ensured continuity with plant operations that resulted in effluent quality that was in compliance with state discharge permit requirements for the Proctors Creek Wastewater Treatment Plant; and WHEREAS, throughout his career with Chesterfield County, Mr. Neathery displayed dependability, aptitude, and good character and values. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes Mr. Michael M. Neathery and extends on behalf of its members and citizens of Chesterfield County, appreciation for more than 33 years of exceptional service to the county. Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 8.C.2. APPROVAL OF MEMORANDUM OF UNDERSTANDING BETWEEN THE POLICE DEPARTMENT AND JOHN TYLER COMMUNITY COLLEGE On motion of Mr. Warren, seconded by Ms. Jaeckle, the Board approved the Memorandum of Understanding between the Chesterfield County Police Department and John Tyler Community College, and authorized the Chief of Police to execute the Memorandum of Understanding on behalf of the Chesterfield County Police Department. (A copy of the MOU is filed with the papers of this Board.) Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 8.C.3. APPROVAL OF NAMING THE INTERMEDIATE CARE FACILITY FOR INDIVIDUALS WITH INTELLECTUAL DISABILITIES IN HONOR OF RECCO GALLOWAY On motion of Mr. Warren, seconded by Ms. Jaeckle, the Board approved naming the Intermediate Care Facility for Individuals with Intellectual Disabilities (ICF-IID) in honor of Recco Galloway. Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 8.C.4. APPROVAL FOR THE GRANT SUBMISSION TO THE 2014 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT PROGRAM On motion of Mr. Warren, seconded by Ms. Jaeckle, the Board approved the submission and appropriation of the grant funding when awarded, of the 2014 Edward Byrne Memorial Justice Assistance Grant Program for the purpose of requesting funds to acquire new TASER units. (It is noted the grant application requests $59,595 in federal funds.) Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 14-373 05/28/14 8.C.5. REQUEST FOR A PERMIT TO STAGE A FIREWORKS DISPLAY AT THE CHESTERFIELD COUNTY FAIRGROUNDS DURING THE COUNTY FAIR On motion of Mr. Warren, seconded by Ms. Jaeckle, the Board approved a request for a permit to stage a fireworks display at the Chesterfield County Fairgrounds on August 23, 2014, with a rain date of August 24, 2014, during the County Fair. Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 8.C.6. SET DATES FOR PUBLIC HEARINGS 8.C.6.a. TO CONSIDER AMENDMENTS TO THE STORMWATER MANAGEMENT ORDINANCE On motion of Mr. Warren, seconded by Ms. Jaeckle, the Board set June 25, 2014, as the date for a public hearing to consider state-mandated amendments to the Stormwater Management Ordinance. Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 8.C.6.b. TO CONSIDER AMENDMENTS TO THE COUNTY CODE RELATIVE TO NATURAL RESOURCE INVENTORY SUBMITTAL On motion of Mr. Warren, seconded by Ms. Jaeckle, the Board set June 25, 2014, as the date for a public hearing to consider amendments to the County Code relative to natural resource inventory submittal. Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 8.C.6.c. TO CONSIDER AMENDMENTS TO THE COUNTY CODE RELATIVE TO WIND ENERGY SYSTEMS On motion of Mr. Warren, seconded by Ms. Jaeckle, the Board set June 25, 2014, as the date for a public hearing to consider amendments to the County Code relative to wind energy systems. Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 8.C.6.d. TO CONSIDER APPROPRIATION OF $49,000,000 IN EMPLOYER AND EMPLOYEE CONTRIBUTIONS FOR BOTH THE COUNTY AND SCHOOLS IN THE RECENTLY CREATED HEALTHCARE FUND On motion of Mr. Warren, seconded by Ms. Jaeckle, the Board set June 25, 2014, as the date for a public hearing to consider appropriation of $49,000,000 in employer and employee contributions for both the County and Schools in the recently created healthcare fund. Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. J J J 14-374 05/28/14 8.C.6.e. TO CONSIDER CODE AMENDMENT TO THE COUNTY CODE RELATIVE TO MANDATORY UTILITY CONNECTIONS On motion of Mr. Warren, seconded by Ms. Jaeckle, the Board set June 25, 2014, as the date for a public hearing to consider amendments to the County Code relative to mandatory utility connections. Ayes: Holland, Elswick, Jaeckle, Warren and Decker. Nays: None. 8.C.7. AUTHORIZATION TO AMEND THE COUNTY'S FISCAL SERVICES AGREEMENT WITH THE GREATER RICHMOND CONVENTION CENTER AUTHORITY On motion of Mr. Warren, seconded by Ms. Jaeckle, the Board authorized the County Administrator to amend the county's fiscal services agreement with the Greater Richmond Convention Center Authority. (A copy of the amended agreement is filed with the papers of this Board.) Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 8.C.8. APPROPRIATION OF ADDITIONAL ANTICIPATED VIRGINIA DEPARTMENT OF TRANSPORTATION REIMBURSEMENTS AND AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT FOR THE ROUTE 10, VILLAGE OF CHESTER, PEDESTRIAN IMPROVEMENTS PROJECT On motion of Mr. Warren, seconded by Ms. Jaeckle, the Board appropriated $327,000 in additional anticipated VDOT reimbursements; authorized award of a construction contract, up to $463,000, 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 Route 10, Village of Chester, Pedestrian Improvements Project. Ayes: Holland, Elswick, Jaeckle, Warren and Decker. Nays: None. 8.C.9. AWARD OF CONSTRUCTION CONTRACT FOR THE PROCTORS CREEK WASTEWATER TREATMENT PLANT FINE SCREEN FACILITY MODIFICATIONS On motion of Mr. Warren, seconded by Ms. Jaeckle, the Board approved the award of a construction contract to Southwood Building Systems, Inc., in the amount of $2,293,422, for the Proctors Creek Wastewater Treatment Plant fine screen facility modifications, and authorized the County Administrator to execute the necessary documents. Ayes: Holland, Elswick, Jaeckle, Warren and Decker. Nays: None. 14-375 05/28/14 8.C.10. REQUESTS FOR PERMISSION 8.C.10.a. FROM LEONARDO ALEJO AND GRACIELA LOPEZ TO CONSTRUCT A GRAVEL DRIVEWAY WITHIN A FIFTY-FOOT UNIMPROVED COUNTY RIGHT OF WAY KNOWN AS TROYDALE ROAD On motion of Mr. Warren, seconded by Ms. Jaeckle, the Board granted Leonardo Alejo and Graciela Lopez permission to construct a gravel driveway within a 50' county right of way known as Troydale Road to access property at 9001 Clovis Street, subject to the execution of a license agreement. (It is noted a copy of the plat is filed with the papers of this Board . ) Ayes: Holland, Elswick, Jaeckle, Warren and Decker. Nays: None. 8.C.10.b. FROM LIONEL R. DELOACH, JR. FOR A PROPOSED FENCE TO ENCROACH WITHIN A SIXTEEN-FOOT DRAINAGE EASEMENT AND AN EIGHT-FOOT EASEMENT ACROSS LOT 33, WALKERS CHASE-SECTION 3 AT FOXCREEK On motion of Mr. Warren, seconded by Ms. Jaeckle, the Board granted Lionel R. Deloach, Jr. permission for a proposed fence to encroach within a 16' drainage easement and an 8' easement across Lot 33, Walkers Chase-Section 3 at Foxcreek, subject to the execution of a license agreement. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Holland, Elswick, Jaeckle, Warren and Decker. Nays: None. 8.C.10.c. FROM GREEN ACRES OF VIRGINIA, LLC TO CONSTRUCT AND MAINTAIN A PRIVATE ROAD WITHIN A COUNTY RIGHT OF WAY TO ACCESS PROPERTY ON GREENYARD ROAD On motion of Mr. Warren, seconded by Ms. Jaeckle, the Board granted Green Acres of Virginia, LLC permission to construct and maintain a private road within a 60' county right of way to access property at 6621 Greenyard Road, subject to the execution of a license agreement. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 8.C.10.d. FROM CHRISTOPHER T. LUBNIEWSKI AND SHAREN LUBNIEWSKI FOR LANDSCAPING TO ENCROACH WITHIN A THREE-FOOT DRAINAGE EASEMENT AND AN EIGHT-FOOT EASEMENT ACROSS LOT 17, QUEENSGATE, SECTION 1 On motion of Mr. Warren, seconded by Ms. Jaeckle, the Board granted Christopher T. Lubniewski and Sharen Lubniewski permission for landscaping to encroach within a 3' drainage easement and an 8' easement across Lot 17, Queensgate, Section 1, subject to the execution of a license agreement. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Holland, Elswick, Jaeckle, Warren and Decker. Nays: None. 14-376 J J J 05/28/14 8.C.10.e. FROM WOODLAKE COMMUNITY ASSOCIATION, INCORPORATED FOR EXISTING AND PROPOSED BOAT DOCKS TO ENCROACH WITHIN A SIXTEEN-FOOT SEWER EASEMENT AND THE IMPOUNDMENT EASEMENT FOR THE SWIFT CREEK RESERVOIR ACROSS SHELTER COVE POINTE On motion of Mr. Warren, seconded by Ms. Jaeckle, the Board granted Woodlake Community Association, Inc. permission for existing and proposed boat docks to encroach within a 16' sewer easement and the impoundment easement for the Swift Creek Reservoir across Shelter Cove Pointe, subject to the execution of a license agreement. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 8.C.11. REQUEST TO QUITCLAIM A PORTION OF A SIXTEEN-FOOT WATER EASEMENT ACROSS THE PROPERTY OF BEECHWOOD, INCORPORATED On motion of Mr. Warren, seconded by Ms. Jaeckle, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute a quitclaim deed to vacate a portion of a 16' water easement across the property of Beechwood, Incorporated. (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.12. APPROVAL OF LEASE FOR THE EMPLOYEE HEALTH CLINIC On motion of Mr. Warren, seconded by Ms. Jaeckle, the Board authorized the County Administrator to execute a lease with the Health Center Commission for County of Chesterfield for the Employee Medical Center. Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 8.C.13. DESIGNATION OF RIGHT OF WAY, TEMPORARY CONSTRUCTION EASEMENTS AND A VIRGINIA DEPARTMENT OF TRANSPORTATION DRAINAGE EASEMENT FOR THE HARROWGATE ROAD SIDEWALK PROJECT On motion of Mr. Warren, seconded by Ms. Jaeckle, the Board designated right of way, temporary construction easements and a VDOT drainage easement for the Harrowgate Road Sidewalk Project and authorized the County Administrator to execute the declaration. (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. 14-377 05/28/14 8.C.14. APPROVAL OF RIGHT OF ENTRY FOR THE HUGUENOT TRAIL/ROBIOUS ROAD (ROUTE 711) WIDENING PROJECT On motion of Mr. Warren, seconded by Ms. Jaeckle, the Board approved a request from the Virginia Department of Transportation for right of entry on county owned right of way for the construction of the Huguenot Trail/Robious Road (Route 711) Widening Project. (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.15. ACCEPTANCE OF PARCELS OF LAND 8.C.15.a. ALONG RAMBLEWOOD DRIVE AND CAWING DRIVE FROM JAMES RIVER INDUSTRIAL PARK, LLC On motion of Mr. Warren, seconded by Ms. Jaeckle, the Board accepted the conveyance of four parcels of land containing a total of 0.114 acres along Ramblewood Drive and Cawing Drive from James River Industrial Park, LLC, and authorized the County Administrator to execute the deed. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 8.C.15.b. ALONG BERMUDA HUNDRED ROAD FROM JAMES V. DANIELS AND WILLIAM R. SHELTON, SUBSTITUTE TRUSTEES OF THE KECK TRUST On motion of Mr. Warren, seconded by Ms. Jaeckle, the Board accepted the conveyance of four parcels of land containing a total of 0.38 acres along Bermuda Hundred Road from James V. Daniels and William R. Shelton, substitute trustees of the Keck Trust dated November 26, 1974, 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.15.c. ALONG BERMUDA HUNDRED ROAD FROM NINA V. SHOOSMITH, TRUSTEE OF THE NINA V. SHOOSMITH REVOCABLE TRUST, WILLIAM R. SHELTON, AND EVELYN J. GRAY On motion of Mr. Warren, seconded by Ms. Jaeckle, the Board accepted the conveyance of a parcel of land containing 0.104 acres along Bermuda Hundred Road from Nina V. Shoosmith, trustee of the Nina V. Shoosmith revocable trust dated October 8, 2010, William R. Shelton, and Evelyn J. Gray, 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. J J 14-378 05/28/14 8.C.16. CONVEYANCE OF AN EASEMENT TO VIRGINIA ELECTRIC AND POWER COMPANY FOR AN UNDERGROUND EASEMENT ACROSS TOMAHAWK CREEK MIDDLE SCHOOL PROPERTY TO PROVIDE SERVICE TO NEW MOBILE CLASSROOMS On motion of Mr. Warren, seconded by Ms. Jaeckle, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute an agreement with Virginia Electric and Power Company for a 15' underground easement across Tomahawk Creek Middle School property at 1600 Learning Place Loop. (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.17. REQUEST FOR MUSIC/ENTERTAINMENT FESTIVAL PERMIT FROM THE CHESTERFIELD COUNTY FAIR ASSOCIATION On motion of Mr. Warren, seconded by Ms. Jaeckle, the Board granted a request for a music/entertainment festival permit to the Chesterfield County Fair Association for the annual Chesterfield County Fair subject to compliance with staff recommendations. Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 8.C.18. APPROVAL OF REVISED FY2015-FY2017 REVENUE SHARING THREE-YEAR PLAN AND ALLOCATIONS TO FY2015 CHESTERFIELD COUNTY REVENUE SHARING PROJECTS On motion of Mr. Warren, seconded by Ms. Jaeckle, the Board approved the revised FY2015-FY2017 Revenue Sharing Three-Year Plan; and adopted the following resolution reflecting the $16 million FY2015 Revenue Sharing program: WHEREAS, Section 33.1-23.05 of the Code of Virginia permits the Commonwealth Transportation Board to make an equivalent matching allocation to any County for designations by the governing body of up to $10,000,000 in funds received by it during the current fiscal year for use by the Commonwealth Transportation Board to construct, maintain, or improve primary and secondary highway systems within such County; WHEREAS, the Chesterfield County Board of Supervisors will make available $8 million for the Chesterfield Revenue Sharing Program with the adoption of the FY2015 Appropriation Resolution and other Board action; and WHEREAS, the Virginia Department of Transportation has notified the county that $10 million is the maximum amount of Chesterfield County funds that can be matched by the state during FY2015. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors appropriates and/or transfers $8 million to be matched by the State for the FY2015 Chesterfield Revenue Sharing Program. 14-379 05/28/14 AND, BE IT FURTHER RESOLVED that the matched funds be allocated to the following projects: $1,000,000 Deer Run Drive Sidewalk, Phase I Preliminary Engineering, Right-of-way and Construction $500,000-VDOT and $500,000-County $2,135,000 Newbys Bridge Road (Hagood Lane to Belmont Road) Shoulders and Pavement Widening Preliminary Engineering, Right-of-way and Construction $1,067,500-VDOT and $1,067,500-County $3,400,000 Jessup Road (Route 10 to Pineland Rd) Realignment Preliminary Engineering, Right-of-way and Construction $1,700,000-VDOT and $1,700,000-County $3,500,000 Lucks Lane (E. Evergreen Pkwy. to Route 288)) Widen to Four Lanes Preliminary Engineering, Right-of-way and Construction $1,750,000-VDOT and $1,750,000-County $4,000,000 Old Bermuda Hundred Road (Old Stage Road to Route 10) Reconstruction Preliminary Engineering, Right-of-way and Construction $2,000,000-VDOT and $2,000,000-County $1,365,000 Arch Road (Route 60 to Arboretum Pkwy.) Widening Preliminary Engineering, Right-of-way and Construction $682,500-VDOT and $682,500-County $600,000 Beulah Road (Kingsland Rd. to Pineleaf Dr.) Improvement Preliminary Engineering, Right-of-way and Construction $300,000-VDOT and $300,000-County Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 8.C.19. TRANSFER OF DISTRICT IMPROVEMENT FUNDS 8.C.19.a. FROM THE MIDLOTHIAN DISTRICT IMPROVEMENT FUNDS TO THE POLICE DEPARTMENT FOR POLICE TRAFFIC COVERAGE AT THE BON AIR HISTORICAL SOCIETY'S VICTORIAN DAY PARADE On motion of Mr. Warren, seconded by Ms. Jaeckle, the Board approved the transfer of $1,285 from the Midlothian District Improvement Fund to the Police Department for police/traffic coverage at the Bon Air Historical Society's Victorian Day Parade. Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. J J J 14-380 05/28/14 8.C.19.b. FROM THE BERMUDA, CLOVER HILL, DALE, MATOACA AND MIDLOTHIAN DISTRICT IMPROVEMENT FUNDS TO THE PARKS AND RECREATION DEPARTMENT TO REPAIR AND CONVERT THREE TENNIS COURTS AT ROCKWOOD PARK INTO EIGHT PICKLEBALL COURTS AND ADD NETTING-AND BENCHES WHERE NEEDED On motion of Mr. Warren, seconded by Ms. Jaeckle, the Board approved the transfer of $20,000 in district improvement funds ($4,000 from each district) to the Parks and Recreation Department to repair and convert three tennis courts at Rockwood Park into eight Pickleball courts and add netting and benches where needed. Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 8.C.19.c. FROM THE BERMUDA DISTRICT IMPROVEMENT FUND TO THE PARKS AND RECREATION DEPARTMENT FOR THE CONSTRUCTION OF A QUARTER MILE WALKING TRACK AT ELIZABETH SCOTT ELEMENTARY SCHOOL ~. On motion of Mr. Warren, seconded by Ms. Jaeckle, the Board approved the transfer of $5,000 from the Bermuda District Improvement Fund to the Parks and Recreation Department for the construction of a quarter mile walking track at Elizabeth Scott Elementary School. Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. Mr. Holland acknowledged Colonel Jesse J. Mayes, who recently celebrated his 100th birthday. 9. REPORTS 9.A. REPORT ON DEVELOPER WATER AND SEWER CONTRACTS 9.B. REPORT ON STATUS OF GENERAL FUND BALANCE, RESERVE FOR FUTURE CAPITAL PROJECTS, DISTRICT IMPROVEMENT FUNDS AND LEASE PURCHASES On motion of Ms. Jaeckle, seconded by Mr. Warren, 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. 10. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED MATTERS There were no requests to address the Board at this time. 14-381 05/28/14 11. CLOSED SESSION PURSUANT TO SECTION 2.2-3711.A.7., CODE OF VIRGINIA, 1950, AS AMENDED, FOR CONSULTATION WITH LEGAL COUNSEL REGARDING SPECIFIC LEGAL MATTERS REQUIRING THE PROVISION OF LEGAL ADVICE On motion of Ms. Jaeckle, seconded by Mr. Elswick, the Board went into closed session pursuant to Section 2.2-3711.A.7., Code of Virginia, 1950, as amended, for consultation with legal counsel regarding specific legal matters requiring the provision of legal advice. Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. Reconvening: On motion of Ms. Jaeckle, seconded by Mr. Warren, the Board adopted the following resolution: WHEREAS, the Board of Supervisors has this day adjourned into Closed Session in accordance with a formal vote of the Board and in accordance with the provisions of the Virginia Freedom of Information Act; and WHEREAS, the Virginia Freedom of Information Act effective July 1, 1989 provides for certification that such Closed Session was conducted in conformity with law. NOW, THEREFORE BE IT RESOLVED, the Board of Supervisors does hereby certify that to the best of each member's knowledge, i) only public business matters lawfully exempted from open meeting requirements under the Freedom of Information Act were discussed in Closed Session to which this certification applies, and ii) only such business matters were identified in the Motion by which the Closed Session was convened were heard, discussed or considered by the Board. No member dissents from this certification. Mr. Gecker: Aye. Mr. Warren: Aye. Ms. Jaeckle: Aye. Mr. Elswick: Aye. Mr. Holland: Aye. 12. DINNER On motion of Mr. Elswick, seconded by Mr. Holland, the Board recessed to dinner in Room 502. Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. Reconvening: 13. INVOCATION Reverend Elizabeth Anderson, Bermuda Hundred United Methodist Church, gave the invocation. 14-382 J J J 05/28/14 14. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Eagle Scout John Mathews led the Pledge of Allegiance to the flag of the United States of America. Miss Chesterfield, Savannah Lane sang the National Anthem. 15. RESOLUTIONS 15.A. RECOGNIZING MRS. ALICE M. STOKES, CHESTERFIELD DEPARTMENT OF MENTAL HEALTH SUPPORT SERVICES, UPON HER RETIREMENT Ms. Burcham introduced Mrs. Alice M. Stokes, who was present to receive the resolution. On motion of Mr. Holland, seconded by Mr. Elswick, the Board adopted the following resolution: WHEREAS, Mrs. Alice M. Stokes has provided 25 years of dedicated and faithful service to Chesterfield County and has devoted herself to supporting the mission of the Chesterfield County Community Services Board and the Department of Mental Health Support Services; and WHEREAS, Mrs. Stokes began her career providing excellent administrative support to the Department of Mental Health Support Services, as a Senior Office Assistant; and WHEREAS, Mrs. Stokes served as a member of the International Association of Administrative Professionals in 2008; and WHEREAS, Mrs. Stokes graduated from Chesterfield University in May 2008; and WHEREAS, Mrs. Stokes served on the Environmental Safety Group from 2006 to 2009; and WHEREAS, Mrs. Stokes successfully completed the Employee Leadership Institute in March 2010; and WHEREAS, Mrs. Stokes served as a member of the Diversity Advisory Committee from 2011-2012; and WHEREAS, Mrs. Stokes provided excellent customer service to more than 200 staff persons who worked in various programs in the Rogers Building for which she received numerous certificates and accolades; and WHEREAS, Mrs. Stokes served as the first point of contact both in person and on the telephone to thousands of citizens seeking services from Mental Health Support Services; and WHEREAS, Mrs. Stokes served as the departmental liaison for the Department of General Services; and WHEREAS, Mrs. Stokes used her experience and skill sets to effectively train numerous administrative support employees and provide guidance to temporary employees. 14-383 05/28/14 NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 28th day of May 2014, publicly recognizes the contributions of Mrs. Alice M. Stokes, and extends appreciation for her 25 years of dedicated service to the county, congratulations upon her retirement, and best wishes for a long and happy retirement. AND, BE IT FURTHER RESOLVED that a copy of this resolution be presented to Mrs. Stokes 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 Mrs. Stokes, commended her for her dedication and many years of service to the county, and wished her a long and enjoyable retirement. Mr. Elswick expressed his appreciation to Mrs. Stokes for her outstanding and faithful service to the county and wished her well in future endeavors. Mr. Stegmaier presented Mrs. Stokes with an acrylic statue and county watch, congratulated her on her retirement and expressed appreciation for her outstanding service to the county. Mrs. Stokes, accompanied by her husband, expressed her appreciation to the Board for the special recognition. 15.B. RECOGNIZING THE CHESTERFIELD COUNTY COOPERATIVE EXTENSION ON THE CENTENNIAL OF THE SMITH-LEVER ACT ESTABLISHING COOPERATIVE EXTENSION Mr. Likins introduced Ms. Linda Cole and members of the Chesterfield Extension Leadership Council who were present to receive the resolution. On motion of Mr. Holland, seconded by Mr. Warren, the Board adopted the following resolution: WHEREAS, The Smith-Lever Act of 1914 established the Cooperative Extension Service, a state-by-state national network of extension educators who extend the university- based research and knowledge to the people in the counties; and WHEREAS, the Cooperative Extension System is a nationwide educational network that is a collaboration of federal, state and local governments and Virginia Tech and Virginia State University, the state's land-grant universities; and WHEREAS, the mission of the Cooperative Extension System is to disseminate research-based information on topics as varied as nutrition and health, youth development, agriculture, horticulture, animal husbandry, small business and personal finance, and every U.S. state and territory has a central state Extension office at its land-grant universities and county offices staffed by professionals; and WHEREAS, Cooperative Extension of Chesterfield County serves its residents through faculty, staff and volunteers providing educational programs and research to meet the needs of the county; and 14-384 J J J 05/28/14 WHEREAS, for 100 years, the Smith-Lever Act has stimulated innovative research and vital educational programs for youth and adults through progressive information delivery systems that improved lives and shaped a nation; and WHEREAS, Cooperative Extension educational programs in the areas of Family and Consumer Sciences, Agriculture and Natural Resources, 4-H Youth Development, and Community Viability have benefitted more than 42,218 ,producers, businesses, families and youth in Chesterfield County. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 28th day of May 2014, publicly recognizes the 100th anniversary of the Smith-Lever Act that established Cooperative Extension; expresses appreciation to the faculty, staff and volunteers, past, present and future, of Virginia Cooperative Extension of Chesterfield County who serve residents of all ages and backgrounds; and that all residents will continue to grow in awareness and support, and reap the benefits of the programs and services provided by Virginia Cooperative Extension of Chesterfield County. Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. Mr. Holland presented the executed resolution to Mr. Likins and Ms. Cole and expressed appreciation for providing educational programs and research to meet the needs of the county. Each staff member and volunteer introduced themselves. Mr. Stegmaier highly praised staff and the volunteers on their service and representation of Chesterfield County. 15.C. RECOGNIZING BOY SCOUTS UPON ATTAINING THE RANK OF EAGLE SCOUT Ms. Ruth introduced Mr. John Painter Mathews and Mr. Nathan Forrest Humphrey, who were present to receive the resolution. On motion of Mr. Holland, seconded by Mr. Warren, 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 21 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 their community, being active in the troop, demonstrating Scout spirit, and living up to the Scout Oath and Law, Mr. John Painter Mathews and Mr. Nathan Forrest Humphrey, both of Troop 800, sponsored by Bethel Baptist Church, have accomplished those high standards of commitment and have reached the long-sought goal 14-385 05/28/14 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, John and Nathan 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 28th day of May 2014, publicly recognizes Mr. John Painter Mathews and Mr. Nathan Forrest Humphrey, 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 Mr. Mathews and Mr. Humphrey, accompanied by their families, congratulated them on their outstanding achievements, and wished them well in future endeavors. Mr. Mathews and Mr. Humphrey provided details of their Eagle Scout projects and expressed appreciation to their families and others for their support. 15.D. RECOGNIZING THE 2014 MISS CHESTERFIELD SCHOLARSHIP PAGEANT WINNERS Ms. Ruth introduced Ms. Kyle Grinnage, Executive Director of the Miss Chesterfield Scholarship Pageant, and the 2014 Miss Chesterfield Scholarship Pageant winners, who were present to receive the resolution. On motion of Mr. Holland, seconded by Mr. Elswick, the Board adopted the following resolution: WHEREAS, the Miss Chesterfield Scholarship Organization, Inc. is a non-profit organization that serves outstanding young women; and WHEREAS, the Miss Chesterfield Scholarship Organization conducts the Miss Chesterfield Scholarship Pageant, which is a preliminary pageant to the Miss Virginia Scholarship and Miss America pageants; and WHEREAS, the Miss America Organization is one of the nation's leading achievement programs and the world's largest provider of scholarship assistance for young women; and WHEREAS, the Miss Chesterfield Scholarship Organization provides young women with opportunities that can lead to scholarship assistance to help prepare them for successful careers; and WHEREAS, in 2013, the Miss America Organization and its state and local organizations provided more than $45 million in cash and scholarship assistance; and 14-386 J J J 05/28/14 WHEREAS, the Miss America Organization also has partnered with Children's Miracle Network to raise funds and awareness for children's hospitals throughout the United States; and WHEREAS, the Miss Chesterfield Scholarship Organization provides girls aged 4-9 an opportunity to participate in a non-competitive Princess program that includes group community service activities; and WHEREAS, Miss Chesterfield goes on to compete in the Miss Virginia Scholarship Pageant, which is a preliminary pageant to the Miss America pageant; and WHEREAS, the Miss Chesterfield Outstanding Teen qualifies for a 50 percent scholarship to Hollins University and advances to compete in the Miss Virginia's Outstanding Teen Pageant, which is a preliminary pageant to Miss America's Outstanding Teen Pageant; and WHEREAS, Miss Chesterfield's Outstanding Preteen also competes at the state level; and WHEREAS, in these activities, young women develop presentation skills, poise, charm and grace while having the opportunity to provide community service. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 28th day of May 2014, publicly recognizes the important contributions of the Miss Chesterfield Scholarship Organization, Incorporated to the development of young women and to their future success, and congratulates the 2014 pageant winners: Miss Chesterfield, Savannah Lane; Miss Chesterfield's Outstanding Teen, Unity Bowling; Miss Chesterfield's Outstanding Preteen, Isabella McKee; and Miss Chesterfield's Princesses, Kennedy Ross, Kendall Reese, Alyssa Winn and Janie Winn. AND, BE IT FURTHER RESOLVED that a copy of this resolution be presented to the winners of this year's pageant 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 executed resolutions to each of the pageant winners and congratulated them on their exemplary achievements. Each pageant winner introduced themselves and briefly described their goals and volunteer work. Ms. Grinnage and members of the organization expressed appreciation to the Board for the recognition and continued support. 14-387 05/28/14 16. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED MATTERS Mr. Mike Sawyer addressed the Board relative to citizen input and synthesis. He urged the Board to provide an online searchable budget document relative to county expenditures. Ms. Julie Ranson urged the Board to provide an online searchable budget document relative to county expenditures. Mr. Holland stated the process to provide an online database relative to county expenditures is currently being explored by county staff. 17. REQUESTS FOR MANUFACTURED HOME PERMITS AND REZONING PLACED ON THE CONSENT AGENDA TO BE HEARD IN THE FOLLOWING ORDER: - WITHDRAWALS DEFERRALS - CASES WHERE THE APPLICANT ACCEPTS THE RECOMMENDATION AND THERE IS NO OPPOSITION - CASES WHERE THE APPLICANT DOES NOT ACCEPT THE RECOMMENDATION AND OR THERE IS PUBLIC OPPOSITION WILL BE HEARD AT SECTION 19 145N0135 In Bermuda Magisterial District, Chesterfield County Board of Supervisors proposes renewal of manufactured home permit (Case 11SN0238) to permit a manufactured home and amendment of zoning district map in a Residential (R-7) District on .9 acre known as 2651 Velda Road. Density is approximately 1.1 units per acre. The Comprehensive Plan suggests the property is appropriate for Community Commercial use. Tax ID 794-666- 2833. Mr. Turner stated the applicant has withdrawn the request. The Board acknowledged the withdrawal of Case 14SN0135. ~~~Nn~~~ (AMENDED) In Bermuda Magisterial District, Twin Rivers, LLC requests amendment of conditional use planned development (Case 08SN0111) relative to conceptual plan, uses, development standards, access and reduction of cash proffers and amendment of zoning district map in a Community Business (C-3) District on 67.7 acres located in the southwest corner of Meadowville and North Enon Church Roads. Density will be controlled by zoning conditions or ordinance standards. The Comprehensive Plan suggests the property is appropriate for Community Mixed use. Tax IDs 823-659-3856, 6573 and 9483; and 824-659-2386, 5689 and 8890. Mr. Turner stated Ms. Jaeckle is requesting a 60-day deferral to the July 23, 2014 meeting. Mr. George Emerson accepted the deferral. Mr. Holland called for public comment. No one came forward to speak to the deferral. On motion of Ms. Jaeckle, seconded by Mr. Gecker, the Board deferred Case 12SN0227 until July 23, 2014. Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 14-388 J J J 05/28/14 14SN0554 In Bermuda Magisterial District, Greg W. Meredith requests conditional use to permit a business (commercial kennel) incidental to a dwelling and amendment of zoning district map in an Agricultural (A) District on 24.6 acres known as 2100 Coxendale Road. Density will be controlled by zoning conditions or ordinance standards. The Comprehensive Plan suggests the property is appropriate for Residential use (2.51-4 units/acre) Tax ID 799-661-7476. Mr. Turner stated Ms. Jaeckle is requesting a 30-day deferral to the June 25, 2014 meeting. The applicant was not present. Mr. Holland called for public comment. No one came forward to speak to the deferral. Ms. Jaeckle stated the applicant is currently having some issues with the owner of the property and would prefer a 30- day deferral in order to resolve the matter. Ms. Jaeckle then made a motion, seconded by Mr. Elswick, for the Board to defer Case 14SN0554 until June 25, 2014. Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 14SN0544 (AMENDED) In Midlothian Magisterial District, Midlothian Development Partners, LLC requests amendment of conditional use planned development (Case 07SN0206) relative to development plan, density, timbering, cash proffers and access and amendment of zoning district map in a Residential (R-15) District on 39.2 acres fronting 300 feet on the west line of Old Hundred Road, 465 feet south of Beedon Drive. Density will be controlled by zoning conditions or ordinance standards. The Comprehensive Plan suggests the property is appropriate for Suburban Residential I use (maximum of 2.0 dwellings per acre). Tax ID 714-698-3178. Mr. Turner presented a summary of Case 145N0544 and stated both the Planning Commission and staff recommended approval and acceptance of the proffered conditions. Mr. Casey Sowers, representing the applicant, accepted the recommendation. Mr. Holland called for public comment. There being no one to speak to the request, the public hearing was closed. On motion of Mr. Gecker, seconded by Mr. Warren, the Board approved Case 14SN0544 and accepted the following proffered conditions: The Applicant hereby deletes Proffered Condition 1 of Case 07SN0206 and amends Proffered Conditions 2, 3, 5 and 6 as stated below. All other conditions of Case 07SN0206 shall remain in force and effect. 14-389 05/28/14 The Applicant hereby amends Proffered Condition 2 of Case 07SN0206 to read as follows: 1. Density. The density of this development shall not exceed thirty-nine ( 3 9 ) lots . ( P) The Applicant hereby amends Proffered Condition 3 of Case 07SN0206 to read as follows: 2. Timbering. Timber management, for the purpose of enhancing the health and viability of the forest, under the supervision of a qualified forester, will only be allowed upon the submission and approval of the appropriate forest management plan to include, but not limited to, erosion control, Chesapeake Bay Act/Wetland Restrictions and the' issuance of a land disturbance permit by the Environmental Engineering Department. Any other timbering shall be incorporated into the site development erosion and sediment control plan/narrative as the initial phase of infrastructure construction and will not commence until the issuance of the actual site development land disturbance permit. (EE) The Applicant hereby amends Proffered Condition 5 of Case 07SN0206 to read as follows: 3. Cash Proffer. a. For each dwelling unit, the applicant, sub- divider, or assignee(s) shall pay the following to the County of Chesterfield, prior to the issuance of a certificate of occupancy for infrastructure improvements within the service district for the property; provided however that for the period through June 30, 2017, the applicant, sub-divider, or assignee(s) shall pay the following to the County of Chesterfield, immediately after completion of the final inspection: i. $18,966.00 per dwelling unit, if paid prior to July 1, 2017; or if paid after June 30, 2017, and before July 1, 2018, $18,966.00 per dwelling unit, adjusted for the four year cumulative change in the Marshall and Swift Building Cost Index between July 1 of the fiscal year in which the case was approved and July 1 four years later. Thereafter, the per dwelling unit cash proffer amount shall be automatically adjusted, annually, by the annual change in the Marshall and Swift Building Cost Index on July 1 of each year. ii. In the event the cash payment is not used for which proffered within 15 years of receipt the cash shall be returned in full to the payer. iii. Should any impact fees be imposed by Chesterfield County at any time during 14-390 J J J 05/28/14 the life of the development that are applicable to the property, the amount paid in cash proffers shall be in lieu of or credited toward but not to be in addition to any impact fees in a manner determined by the County. b. Cash proffer payments shall be spent for the purposes proffered or as otherwise permitted by law. (B&M) The Applicant hereby amends Proffered Condition 6 of Case 07SN0206 as follows: 4. Access. Except for one private driveway, there shall be no direct vehicular access from the property to Old Hundred Road. Access to adjacent properties shall be as generally shown on the attached Access Plan. The exact location of these accesses shall be approved by the Transportation Department. (T) The Applicant offers the following additional proffered conditions which shall apply to all new dwellings on the request property: 5. House Size. The minimum gross floor area for each dwelling unit shall be 3,200 square feet. (P) 6. Architectural/Design Elements. A. Front walks/Driveways 1. Driveways: All portions of driveways and parking areas shall be hardscaped. 2. Front Walks: A minimum of a four (4) foot wide hardscaped front walk shall be provided to each dwelling unit. B. Landscaping and Yards 1. Street Trees: Except as outlined below, street trees shall be planted or retained along both sides of all streets that provide general circulation in accordance with the Zoning Ordinance. Such trees shall be deciduous shade trees planted at the rate of at least one tree per lot, for lots up to forty (40) feet wide, and every fifty (50) feet along streets with wider lots. Variations in spacing to accommodate other required improvements shall be permitted provided that no two trees are spaced more than fifty (50) feet apart. At the time of planting, trees shall have a minimum caliper of 2" inches measured at breast height (4' 10" above ground). 2. Supplemental Trees: Prior to the issuance of a Certificate of Occupancy for each dwelling unit, a minimum of one 14-391 05/28/14 (1) flowering tree shall be planted in each front yard. At the time of planting, these supplemental trees shall have a minimum caliper of 2" measured at breast height (4' 10" above ground). 3. Front Yards: Except for the foundation planting bed, all front yards shall be sodded. 4. Front Foundation Planting Beds: Foundation planting is required along the entire front facade of all units, and shall extend along all sides facing a street. Foundation Planting Beds shall be a minimum of 4' wide from the unit foundation. Planting beds shall be defined with a trenched edge or suitable landscape edging material. Planting beds shall include medium shrubs and may also include spreading groundcovers. C. Architecture and Materials 1. Repetition: Dwellings with the same elevations may not be located adjacent to, directly across from, or diagonally across from each- other on the same street. This requirement does not apply to units on different streets backing up to each other. 2. Foundations: The exposed portion of any foundation shall be brick or stone. Synthetic or natural stucco foundations may be permitted for facades constructed entirely of stucco. Rear walkout basement walls shall be permitted to be sided or cast concrete painted to match house. 3. Exterior Facades: Acceptable siding materials include brick, stone, masonry, stucco, synthetic stucco (E.I.F.S), and horizontal lap siding. Horizontal lap siding may be permitted to be manufactured from natural wood or cement fiber board or may be premium quality vinyl siding. Plywood and metal siding are not permitted. Additional siding requirements: a. Where a dwelling borders more than one street, all street-facing facades shall be finished in the same materials. b. Cementitious and vinyl siding is permitted in traditional wide beaded styles only, unless otherwise approved by the Architectural Board for special design conditions. Premium quality vinyl is defined as J J J 14-392 05/28/14 vinyl siding with a minimum wall thickness of .044". c. Synthetic Stucco (E.I.F.S.) siding shall be finished in smooth, sand or level texture. Rough textures are not permitted. D. Roof Material: Roofing material shall be dimensional architectural shingles or better with a minimum 30 year warranty. E. Porches, Stoops and Decks 1. Front Porches: All front entry stoops and front porches shall be constructed with continuous masonry foundation wall or on 12"x12" masonry piers. Extended front porches shall be a minimum of five (5)' deep. Space between piers under porches shall be enclosed with framed lattice panels. Handrails and railings shall be finished painted wood or metal railing with vertical pickets or swan balusters. Pickets shall be supported on top and bottom rails that span between columns. 2. Front Porch Flooring: Porch flooring shall be permitted to be concrete, exposed aggregate concrete, or a finished paving material such as stone, the or brick, finished (stained dark) wood, or properly trimmed composite decking boards. Unfinished treated wood decking is not permitted. All front steps shall be masonry to match the foundation. F. Front Loaded Garages: Front loaded garages shall be located no closer to the street than the front facade of the dwelling unit. (P) Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 14SN0556 In Matoaca Magisterial District, Glenn White requests amendment of conditional use (Case 13SN0124) to permit the sale of additional landscaping materials in conjunction with a mulch sales business and amendment of zoning district map in an Agricultural (A) District on 1.3 acres located in the northwest quadrant of Hull Street and Cosby Roads. Density will be controlled by zoning conditions or ordinance standards. The Comprehensive Plan suggests the property is appropriate for Neighborhood Business use. Tax ID 716-671- Part of 6919. 14-393 05/28/14 Mr. Turner presented a summary of Case 14SN0556 and stated both the Planning Commission and staff recommended approval and acceptance of the conditions. Mr. Glenn White accepted the conditions. Mr. Holland called for public comment. There being no one to speak to the request, the public hearing was closed. On motion of Mr. Elswick, seconded by Mr. Warren, the Board approved Case 14SN0556 subject to the following conditions: 1. With the approval of this request, Condition 2 of Case 13SN0124 shall be amended to read as stated below: The sale of t"opsoil, compost, driveway gravel, decorative stone, straw and sand would be permitted incidental to the sale of mulch. (All other conditions of Case 135N0124 shall remain in force and effect.) (P) 2. Within sixty (60) days of the Board of Supervisors approval of this case, a site plan shall be submitted to the County for review and approval. In addition to addressing those items required by the Zoning Ordinance, this plan shall address state and local stormwater management regulations and the storage and/or containment of all products to be sold. Any stormwater BMPs called for in the approved plan shall be implemented within ninety (90) days of site plan approval. (EE) Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. ~a~un~~n In Dale Magisterial District, Chesterfield Land & Timber Corp. requests rezoning from Agricultural (A) to Residential (R-88) plus conditional use planned development to permit exceptions to setback requirements and amendment of zoning district map on 17.6 acres fronting 610 feet on the north line of Nash Road, 1550 feet northeast of Eastfair Drive. Density will be controlled by zoning conditions or ordinance standards. The Comprehensive Plan suggests the property is appropriate for Residential Agricultural use (maximum of 0.5 dwellings per acre). Tax IDs 763-655-5414 and 7635. Mr. Turner presented a summary of Case 14SN0560 and stated both the Planning Commission and staff recommended approval, subject to the condition and acceptance of the proffered conditions. Ms. Carrie Coyner, representing the applicant, accepted the recommendation. Mr. Holland called for public comment. There being no one to speak to the request, the public hearing was closed. J J J 14-394 05/28/14 On motion of Mr. Holland, seconded by Mr. Warren, the Board approved Case 14SN0560 subject to the following condition: 1. With the approval of this request, exceptions shall be granted to the Zoning Ordinance requirements for building setbacks within the Residential (R-88) District. The following minimum setbacks shall be provided: A. Front yard - The front yard setback for principle structures shall be sixty (60) feet. For buildings located along cul-de-sacs, the building setback around the bulb of the cul-de-sac shall be permitted to be reduced to twenty-five (25) feet. However, setbacks for any lot shall be increased where necessary to obtain the required lot width at the front building line. B. Side yards - Twenty (20) feet in width. C. Corner Side yards - Fifty-five (55) feet in width. D. Rear yard - Fifty (50) feet in width. E. Ascessory Structures Minimum setbacks for accessory structures shall be as follows: 1. Accessory structures less than twelve (12) feet in height: a. Front yards - One-half the depth of the lot or eighty (80) feet whichever is less. b. Side and Rear yards - Ten (10) feet. c. Corner Side yards - Not less than the required front yard for a permitted use. 2. Accessory structures greater than twelve (12) feet in height: a. Front yard - One-half the depth of the lot or eighty (80) feet whichever is less. b. Side yard - Twenty (20) feet. c. Rear yard - Twenty-five (25) feet. d. Corner Side yard - Not less than the required front yard for a permitted use. (P) And, further, the Board approved the following proffered conditions: The Applicant in this case, pursuant to Section 15.2-2298 of the Code of Virginia (1950 as amended) and the Zoning Ordinance of Chesterfield County, for themselves and their successors or assigns, proffer that the property known as Chesterfield County Tax Identification Number 763-655-5414 and 7635 ("the Property") under consideration will be 14-395 05/28/14 developed according to the following proffers if, and only if, the request submitted herewith is granted with only those conditions agreed to by the Applicant. In the event this request is denied or approved with conditions not agreed to by the owner and Applicant, the proffer shall immediately be null and void and of no further force or effect. 1. Density. The maximum number of dwelling units shall be three (3) (P) 2. Public Water. The public water system shall be used. (U) 3. Cash Proffers. For each dwelling unit, the applicant, sub-divider, or assignee(s) shall pay the following to the County of Chesterfield, prior to the issuance of a building permit for infrastructure improvements within the service district for the property; provided, however, that for the period through June 30, 2017, the applicant, sub-divider, or assignee(s) shall pay the following to the County of Chesterfield, immediately after completion of the final inspection: a. $18,966.00 per dwelling unit, if paid prior to July 1, 2017; or b. If paid after June 30, 2017, and before July 1, 2018, $18,966.00 per dwelling unit, adjusted for the four year cumulative change in the Marshall and Swift Building Cost Index between July 1 of the fiscal year in which the case was approved and July 1 four years later. Thereafter, the per dwelling unit cash proffer amount shall be automatically adjusted, annually, by the annual change in the Marshall and Swift Building Cost Index on July 1 of each year. c. Cash proffer payments shall be spent for the purposes proffered or as otherwise permitted by law. d. Should Chesterfield County impose impact fees at any time during the life of the development that are applicable to the property, the amount paid in cash proffers shall be in lieu of or credited toward, but not in addition to, any impact fees, in a manner as determined by the County. If Chesterfield should adopt a "workforce" or "affordable" housing program which eliminates or permits a reduced cash proffer, the cash proffer for any dwelling unit on the Property that is designated as "workforce" or "affordable" housing, that meets all the requirements of the adopted "workforce" or "affordable" housing program, and for which a cash proffer has not yet been paid shall be adjusted to be consistent with the approved "workforce" or "affordable" housing program. (B & M) 4. Transportation. A. Dedication. In conjunction with recordation of the initial subdivision plat or within sixty (60) days upon request by Chesterfield County, whichever occurs first, forty-five (45) feet of right-of-way, on the west side of Nash Road, measured from the J J J 14-396 05/28/14 centerline of existing Nash Road immediately adjacent to the Property shall be dedicated, free and unrestricted, to and for the benefit of Chesterfield County. (T) B. Access. Direct vehicular access from the Property to Nash Road shall be limited to one (1) public road. The exact location of this access shall be approved by the Transportation Department. (T) C. Road Improvements. In conjunction with development of the initial subdivision section, the applicant shall provide the following: i. Construction of additional pavement along Nash Road at the approved access to provide left and right turn lanes. ii. Dedication to Chesterfield County, free and unrestricted, of any additional right of way (or easements) required for the road improvements described above. In the event the Developer is unable to acquire any "off-site" right-of-way that is necessary for this improvement, the Developer may request, in writing, that the County acquire such right- of-way as a public road improvement. All costs associated with the acquisition of the right- of-way shall be borne by the Developer. In the event the County chooses not to assist the Developer in acquisition of the "off-site" right-of-way, the Developer shall be relieved of the obligation to acquire the "off-site" right-of-way and shall provide the road improvements within available right-of-way as determined by the Transportation Department. (T) 5. Timber Management. Timber management, for the purpose of enhancing the health and viability of the forest, shall occur under the supervision of a qualified forester, and will only be allowed upon the submission and approval of the appropriate forest management plan to include, but not limited to, erosion control, Chesapeake Bay Act/wetland restrictions, and the issuance of a land disturbance permit by the Environmental Engineering Department. Any other timbering shall be incorporated into the site development erosion and sediment control plan/narrative as the initial phase of infrastructure construction and will not commence until the issuance of the actual site development land disturbance permit. (EE) Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 14SN0561 In Midlothian Magisterial District, BH&B, LLC requests amendment of conditional use planned development (Case 07SN0356) relative to sidewalks, fences, accesses and uses and amendment of zoning district map in a Community Business (C-3) District on 2.7 acres known as 13217 Midlothian Turnpike. Density will be controlled by zoning conditions or ordinance standards. The Comprehensive Plan suggests the property is appropriate for Village Shopping District use. Tax ID 731-707-2423. 14-397 05/28/14 Mr. Turner presented a summary of Case 14SN0561 and stated both the Planning Commission and staff recommended approval and acceptance of the proffered conditions. Mr. Will Shewmake, representing the applicant, accepted the recommendation. Mr. Holland called for public comment. Mr. Peppy Jones, resident of the Midlothian Village, urged the Board to approve the request. There being no one else to speak to the request, the public hearing was closed. On motion of Mr. Gecker, seconded by Mr. Elswick, the Board approved Case 14SN0561 and accepted the following proffered conditions: 1. Sidewalk. In conjunction with the initial development of the Property, the developer shall construct a sidewalk to VDOT standards along Midlothian Turnpike (Route 60) for the entire property frontage, and dedicate to Chesterfield County, free and unrestricted, any additional right-of-way (or easements) required for this improvement. The exact design and location of this improvement shall be approved by the Transportation Department. (T) (Note: This condition supersedes Proffered Condition 4.a. of Case 07SN0356.) 2. Access. Direct vehicular access from the Property to Midlothian Turnpike (Route 60) shall be limited to one (1) entrance/exit. The exact location of this access shall be approved by the Transportation Department. Prior to any site plan approval, an access easement, acceptable to the Transportation Department, shall be recorded across the Property to provide shared used of this access with adjacent property to the east and west. (T) (Note: This condition supersedes Proffered Condition 5 of Case 07SN0356.) 3. Uses. Uses shall be limited to those uses permitted by right or with restrictions in the Neighborhood Business (C-2) District plus the following uses: i. cocktail lounges provided that they are accessory to a restaurant; ii. liquor stores; iii. restaurants, to include carry out and fast food; iv. electrical, plumbing HVAC sales and display rooms; J J J 14-398 05/28/14 v. microbreweries provided that the manufacturing of alcoholic beverages shall be for the sole purpose of on-site consumption and such on- site consumption shall only occur if accessory to a restaurant use; and vi. veterinary hospitals with no outdoor runs. (P) (Note: This condition supersedes Proffered Condition 10.b. of Case 07SN0356.) 4. Phasing of Sidewalk Connection to Tax ID 731-706-3947. The installation of the sidewalk identified in Proffered Condition 4.b. of Case 07SN0356 shall be phased such that the first section of sidewalk is installed in conjunction with the initial development of the parcel. This section shall extend from Midlothian Turnpike to the southern limits of project construction. Completion of the sidewalk to the southern limits of the subject Property shall occur in conjunction with the subsequent phase(s) of development. (P) (Note: With approval of this 3 is deleted. Except as conditions of approval foi effect with approval of this Ayes: Holland, Elswick, Jaeckle, Nays: None. request Proffered Condition noted above, all other Case 075N0356 remain in case . ) Warren and Gecker. 14SN0137 In Bermuda Magisterial District, James Queen requests renewal of temporary manufactured home permit (Case 07SN0213) and amendment of zoning district map to permit a temporary manufactured home in a Residential (R-7) District on 2.3 acres known as 15812 Meridian Avenue. Density is approximately .4 unit per acre. The Comprehensive Plan suggests the property is appropriate for Suburban Residential II use (2.0 to 4.0 dwellings per acre). Tax ID 796-635-1818. Ms. Darla Orr presented a summary of Case 14SN0137 and stated staff recommended denial for the following reasons: while a manufactured home has been located on the property since 1968 with the requisite manufactured home permits there are no extenuating circumstances that would warrant continued location of the manufactured home on the property; and the manufactured home is inconsistent with the traditional single-family residential character of the surrounding area. She noted the initial permit served a temporary need for the care of an immediate family member. She also noted that if approved the manufactured home permit shall be granted for a period not to exceed one year from the date of approval. Ms. Carrie Coyner, representing the applicant, stated the applicant accepts the three imposed conditions, which includes a one-year renewal. Mr. Holland called for public comment. There being no one to speak to the request, hearing was closed. 14-399 the public 05/28/14 Ms. Jaeckle stated the applicant's daughter contacted staff and indicated the owner is very dependent on the rental income. She noted the property has not created a nuisance on the existing neighborhood. On motion of Ms. Jaeckle, seconded by Mr. Elswick, the Board approved Case 14SN0137 with the conditions. In response to Mr. Gecker's question, Ms. Orr stated the filing fee to renew a manufactured home permit is $300. In response to Mr. Gecker's questions, Ms. Jaeckle stated the trailer is completely out of place in the neighborhood. She noted both the house and the trailer on the property are currently being rented. She stated if complaints arise and conditions of the trailer deteriorate, then the possibility of another renewal would be in question. Ms. Coyner stated the applicant is aware of conditions and feels comfortable with the one-year renewal. She further stated it is believed that the property was originally two lots and at some point in time it was combined into one lot. She expressed concerns relative to width requirements for road frontage. Mr. Gecker expressed concerns relative to the possibility of forcing the applicant back before the Board without a clear understanding of the impending status of the property. Mr. Holland called for a vote on the motion made by Ms. Jaeckle, seconded by Mr. Elswick, for the Board to approve Case 14SN0137 with the following conditions: 1. The applicant shall be the owner of the manufactured home . ( P ) 2. No permanent-type living space may be added to the manufactured home. The manufactured home shall be skirted but shall not be placed on a permanent foundation. (P) 3. This manufactured home permit shall be granted for a period not to exceed one (1) year from the date of approval. (P) Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 14SN~562 In Matoaca Magisterial District, New LLC requests conditional use to permit and amendment of zoning district map District on 1.3 acres fronting the Avenue, 1020 feet west of Potts St controlled by zoning conditions or of Comprehensive Plan suggests the prope Suburban Residential II use (2.0 to 4 Tax ID 797-617-Part of 2452. Cingular Wireless PCS, a communications tower in an Agricultural (A) west line of Piedmont Beet. Density will be dinance standards. The rty is appropriate for 0 dwellings per acre). Mr. Robert Clay presented a summary of Case 14SN0562 and stated the Planning Commission recommended approval and acceptance of the proffered conditions. He further stated staff recommends denial because while the proposal conforms to the design requirements of the Telecommunications Tower Siting Policy, it does not comply with the Public Facilities 14-400 05/28/14 J J Plan, a component of the Comprehensive Plan. He stated the tower is proposed in a residential area on property absent of sufficient vegetation and natural features to conceal the facility and minimize the visual impact as suggested by the plan. Mr. Preston Lloyd, representing the applicant, stated the proposal conforms to the Telecommunications Tower Siting Policy. He further stated the applicant has agreed to install off-site evergreen plant materials and retain an area of existing vegetation in an effort to minimize the visual impact the proposed tower might have on area residential development. He indicated that the area is absent of sufficient cellular coverage and efforts were made to involve area property owners early in the process. He asked the Board for their approval. Mr. Holland called for public comment. There being no one to speak to the request, the public hearing was closed. Mr. Elswick noted there were no citizen concerns or complaints relative to the case. Mr. Elswick then made a motion, seconded by Ms. Jaeckle, for the Board to approve Case 14SN0562 and accepted the following proffered conditions: 1. There shall be no signs permitted to identify this use. (P) 2. The base of the tower shall be enclosed by a minimum six (6) foot high fence, designed to preclude trespassing. The fence shall be placed so as to provide sufficient room between the fence and the property line to accommodate evergreen plantings having an initial height and spacing to provide screening of the base of the tower and accessory ground-mounted equipment or structures from adjacent properties. An area west of the tower site shall be identified as a "Vegetation Retention Area." A detailed plan depicting these requirements shall be submitted to the Planning Department for approval in conjunction with final site plan review. No trees within the "Vegetation Retention Area" may be removed unless such trees are dead, diseased or dying. (P) 3. The color, design and lighting system for the tower shall be as follows: a. The tower shall be gray or another neutral color, acceptable to the Planning Department. b. The tower shall not be lighted. c. The tower shall be a monopole structure with flush mounted antennas. d. Any satellite dish and microwave dish antennas attached to the telecommunications tower shall not exceed six (6) feet in diameter and shall be of a neutral color with no logos. (P) 14-401 05/28/14 4. Any building or mechanical equipment shall comply with the Zoning Ordinance relative to architectural treatment of building exteriors and screening of mechanical equipment in 0, C and I Districts. (P) (NOTE: The Zoning Ordinance requires the screening of mechanical equipment located on the building or ground from adjacent properties and public rights of way. Screening would not be required for the tower or tower- mounted equipment.) 5. Prior to use of this telecommunications tower, the owner of the tower shall obtain approval of the structural integrity by a registered professional engineer licensed in Virginia and a copy of the report filed with the Planning Department. (P) 6. The tower shall not exceed a height of 197 feet. (P) 7. At such time that the telecommunications tower ceases to be used for communications purposes for a period exceeding twelve (12) consecutive months, the property owner(s) and/or cell tower owner(s) and/or lessee(s) shall dismantle and remove the tower and all associated equipment from the property. (P) 8. Prior to final site plan approval, the Developer shall install evergreen plantings along the southern boundary line of Tax I.D. 797617245200000, which landscaping shall have an initial height and spacing reasonably designed to mitigate the visual impacts of the tower for properties located on Winnie Drive. The design and type of vegetative materials to be employed shall be acceptable to the Planning Department. (P) Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 18. PUBLIC HEARINGS 18.A. TO CONSIDER AMENDMENTS TO THE COUNTY CODE RELATING TO ISSUING TICKETS FOR UNLAWFUL PARKING ON COUNTY PROPERTY AND PROVIDING FOR A PENALTY Mr. Mincks stated this date and time has been advertised for a public hearing for the Board to consider amendments to the County Code relating to issuing tickets for unlawful parking on county property and providing for a penalty. Mr. Holland called for public comment. There being no one to address the issue, the public hearing was closed. On motion of Mr. Elswick, seconded by Mr. Gecker, the Board adopted the following ordinance: AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING AND RE-ENACTING SECTION 13-41 RELATING TO UNLAWFUL PARKING AND PROVIDING FOR A PENALTY BE IT ORDAINED by the Board of Supervisors of Chesterfield County: J J 14-402 05/28/14 (1) That Section 13-41 of the Code of the County of Chesterfield, 1997, as amended, is amended and re-enacted to read as follows: Sec. 13-41. - Unlawful parking generally. (a) No person shall park a vehicle on county-owned or other public property in violation of any of the provisions of this subsection (a) Any person who receives written notice from a police officer or sheriff's deputy that he has committed any of the offenses listed in this subsection may waive his right to appear and be formally tried for the offense. The waiver shall be effective when the person (i) voluntarily pays $25.00 to the county treasurer's office within five days after receipt of the notice or (ii) voluntarily places $25.00 in the reply mail envelope on which the notice of violation is printed and mails it to the county treasurer's office so that it is postmarked within five days after receipt of the notice. Such person shall not thereafter be required to appear before the general district court for trial upon the offense set forth in the notice. Such offenses shall include parking a vehicle: 0 0 0 (18) On any county-owned property where such parking is prohibited or violates any county regulation. For the purposes of this paragraph, the county administrator is hereby authorized and directed to adopt regulations that prohibit parking vehicles on county-owned property, to classify vehicles with reference to parking, to designate the time, place and manner in which such vehicles may be allowed to park and to revoke, alter or amend such regulations at any time when, in his opinion, parking conditions require. The chief of police shall enforce such regulations pursuant to the requirements of this section. With respect to the parking lots adjacent to the county jail and the county court facilities, the sheriff may also enforce such regulations pursuant to the requirements of this section. As agent for the county, the chief of police shall, when appropriate, provide for towing and removing motor vehicles in violation of this subsection pursuant to the authority set forth in Code of Virginia, §§ 46.2-1231-46.2- 1233, as amended. 0 0 0 (2) That this ordinance shall become effective immediately upon adoption. Ayes: Holland, Elswick, Jaeckle, warren and Gecker. Nays: None. 14-403 05/28/14 18.B. TO CONSIDER THE FY2015-FY2020 SECONDARY ROAD SIX-YEAR IMPROVEMENT PLAN AND FY2015 SECONDARY ROAD IMPROVEMENT BUDGET Mr. Smith stated this date and time has been advertised for a public hearing for the Board to consider the FY2015-FY2020 Secondary Road Six-Year Improvement Plan and FY2015 Secondary Road Improvement Budget. Mr. Holland called for public comment. There being no one to address the issue, the public hearing was closed. In response to Mr. Gecker's question regarding Silbyrd Drive, Mr. Butch Sirry, Residency Administrator for the Virginia Department of Transportation, stated pavement is planned for a short gravel roadway off the main road. Mr. Elswick commended Mr. Sirry and his staff for their diligent efforts relative to patching potholes caused by winter precipitation. He also recognized VDOT staff members in the audience. Mr. Sirry stated potholes will continue to be filled to ensure traffic safety. In response to Mr. Warren's questions regarding Reams Road, Mr. Sirry stated bids for the roadway were extremely high and there are future plans to rebid the project. He further stated it usually takes 30-60 days for bid turnaround and VDOT is working with county staff for another funding source. He stated utility work has almost been finalized. In response to Mr. Elswick's question, Mr. Sirry stated the county will have seven more unpaved roads after the project is completed. He further stated appropriated funds cannot be spent on any other roadways. He noted state forces will be incorporated. On motion of Mr. Warren, seconded by Mr. Elswick, the Board adopted the following resolution: WHEREAS, the Chesterfield County Board of Supervisors and the Virginia Department of Transportation (VDOT) have conducted a public hearing on the FY2015 through FY2020 Secondary Road Six-Year Improvement Plan; and WHEREAS, the Board concurs with the proposed projects identified in the Plan. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors approves the FY2015 through FY2020 Six-Year Secondary Road Improvement Plan as presented by VDOT. And, further, the Board adopted the following resolution: WHEREAS, the Virginia Department of Transportation (VDOT) has submitted its proposed FY2015 Secondary Road Improvement Budget to the county; and J J J 14-404 05/28/14 WHEREAS, the Budget represents the implementation of the first year of the FY2015 through FY2020 Six-Year Secondary Road Improvement Plan adopted by the Board. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors approves the FY2015 Secondary Road Improvement Budget as presented by VDOT. Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 18.C. TO CONSIDER AN ORDINANCE CHANGING THE POLLING PLACE FOR EDGEWATER VOTING PRECINCT IN CLOVER HILL MAGISTERIAL DISTRICT Mr. Mincks stated this date and time has been advertised for a public hearing for the Board to consider an ordinance changing the polling place for Edgewater Voting Precinct in Clover Hill Magisterial District. Mr. Holland called for public comment. There being no one to address the issue, the public hearing was closed. On motion of Mr. warren, seconded by Mr. Holland, the Board adopted the following ordinance: AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING AND RE-ENACTING SECTION 7-3 RELATING TO CHANGE IN POLLING PLACE BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Section 7-3 of the Code of the County of Chesterfield, 1997, as amended, is amended and re-enacted to read as follows: 0 0 0 Sec. 7-3. Precinct boundaries and polling places. The following shall be the precinct boundaries and polling places for magisterial districts in the county: 0 0 0 Edgewater Voting Precinct (417): Beginning at the point where the center line of Swift Creek intersects the center line of Otterdale Road; thence northeastwardly along the center line of Otterdale Road to its intersection with Old Hundred Road; thence southeastwardly along the center line of Old Hundred Road to its intersection with Tomahawk Creek; thence southeastwardly along the center line of Tomahawk Creek to its intersection with Genito Road; thence westwardly along the center line of Genito Road to its intersection with Swift Creek, thence northwestwardly along the center line of Swift Creek to its intersection with Otterdale Road, the point and place of beginning. 14-405 05/28/14 The voting place for Edgewater Voting Precinct shall be Tomahawk Creek Middle School, 1600 Learning Place Loop. 0 0 0 (2) That this ordinance shall become effective immediately upon adoption. Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. In response to Ms. Jaeckle's question, Mr. Haake stated there is a one-mile constraint beyond precinct boundaries. He further stated there have been proposals brought before the General Assembly to allow the county to have super precincts or voting centers. Mr. Holland stressed the importance of voter participation. 18.D. TO CONSIDER AN AMENDMENT TO THE FBO SERVICES AND LEASE AGREEMENT WITH DOMINION AVIATION SERVICES, INCORPORATED Mr. Key stated this date and time has been advertised for a public hearing for the Board to consider an amendment to the FBO Services and lease agreement with Dominion Aviation Services, Incorporated. He further stated the agreement has not been finalized and staff is requesting a 60-day deferral to the July regularly scheduled meeting. Mr. Holland called for public comment. There being no one to address the deferral, the public hearing was closed. On motion of Mr. Holland, seconded by Mr. Warren, the Board deferred approval of an amendment to the FBO Services and lease agreement with Dominion Aviation Services, Incorporated until July 23, 2014. Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 18.E. TO CONSIDER APPROPRIATION OF UP TO $60,000,000 IN PAYMENT TO THE ESCROW AGENT FOR AN ADVANCE REFUNDING AND ADOPTION OF RESOLUTIONS AUTHORIZING THE ADVANCE REFUNDING OF UP TO $60,000,000 OF GENERAL OBLIGATION BONDS AND CLOSING COSTS, AND APPROVING THE SALE OF BONDS FOR PROJECTS Mr. Carmody stated this date and time has been advertised for a public hearing for the Board to consider appropriation of up to $60,000,000 in payment to the escrow agent for an advance refunding and adoption of resolutions authorizing the advance refunding of up to $60,000,000 of general obligation bonds and closing costs, and approving the sale of bonds for projects. Mr. Holland called for public comment. There being no one to address the issue, the public hearing was closed. J J J 14-406 05/28/14 On motion of Mr. Holland, seconded by Mr. Warren, the Board adopted the following resolution: A RESOLUTION AUTHORIZING AND PROVIDING FOR THE ISSUANCE, SALE AND DELIVERY OF AN ISSUE OF NOT TO EXCEED SIXTY MILLION DOLLARS ($60,000,000) PRINCIPAL AMOUNT OF GENERAL OBLIGATION PUBLIC IMPROVEMENT REFUNDING BONDS OF THE COUNTY OF CHESTERFIELD, VIRGINIA, FOR THE PURPOSE OF PROVIDING FUNDS TO REFUND IN ADVANCE OF THEIR STATED MATURITIES AND REDEEM CERTAIN OUTSTANDING GENERAL OBLIGATION PUBLIC IMPROVEMENT BONDS OF THE COUNTY; FIXING THE FORM, DENOMINATION AND CERTAIN OTHER DETAILS OF SUCH BONDS; PROVIDING FOR THE SALE OF SUCH BONDS AND DELEGATING TO THE COUNTY ADMINISTRATOR CERTAIN POWERS WITH RESPECT THERETO; AUTHORIZING AND PROVIDING FOR THE PREPARATION AND DISTRIBUTION OF A PRELIMINARY OFFICIAL STATEMENT AND AN OFFICIAL STATEMENT RELATING TO SUCH BONDS; AND PROVIDING WITH RESPECT TO CERTAIN OTHER MATTERS RELATED THERETO BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF CHESTERFIELD, VIRGINIA: SECTION 1. Findings and Determinations. (a) The County of Chesterfield, Virginia (the "County"), has been advised by the County's Financial Advisor that the refunding in advance of their stated maturities of all or a portion of certain currently outstanding issues of general obligation public improvement bonds of the County, including, without limitation, all or a portion of the outstanding County of Chesterfield, Virginia, General Obligation Public Improvement Refunding Bonds, Series of 2004, dated March 1, 2004 (the "Series 2004 Bonds"), all or a portion of the outstanding County of Chesterfield, Virginia, General Obligation Public Improvement Bonds, Series A of 2005, dated March 1, 2005 (the "Series 2005A Bonds"), all or a portion of the outstanding County of Chesterfield, Virginia, General Obligation Public Improvement Bonds, Series of 2006, dated March 8, 2006 (the "Series 2006 Bonds"), and all or a portion of the County of Chesterfield, Virginia, General Obligation Public Improvement Bonds, Series A of 2007, dated April 11, 2007 (the "Series 2007A Bonds"), may result in debt service cost savings to the County. (b) The Board of Supervisors desires to authorize the issuance and sale of general obligation public improvement refunding bonds to provide for the refunding in advance of their stated maturities and redemption of all or a portion of such outstanding general obligation public improvement bonds, including, without limitation, all or a portion of the outstanding Series 2004 Bonds, all or a portion of the outstanding Series 2005A Bonds, all or a portion of the outstanding Series 2006 Bonds, all or a portion of the outstanding Series 2007A Bonds and all or a portion of such other series of outstanding general obligation public improvement bonds or general obligation public improvement refunding bonds, the refunding of which shall be recommended by the County's Financial Advisor (such bonds to be refunded in advance of their stated maturities being referred to hereinafter as the "Refunded Bonds"). (c) The Board of Supervisors of the County desires to authorize the issuance and sale of general obligation public improvement refunding bonds to provide for the 14-407 05/28/14 refunding in advance of their stated maturities and redemption of the Refunded Bonds and to pay the costs of issuing the Refunded Bonds. (d) In the judgment of the Board of Supervisors, it is necessary and expedient to authorize the issuance and sale of General Obligation Public Improvement Refunding Bonds in the principal amount of not to exceed Sixty Million Dollars ($60,000,000) for the purpose of providing funds to refund in advance of their stated maturities and redeem all or a portion of the Refunded Bonds and to pay the costs of issuing such Bonds. SECTION 2. Authorization of General Obligation Public Improvement Refunding Bonds. For the purpose of refunding prior to their stated maturities all or a portion of the Refunded Bonds, there are hereby authorized to be issued, sold and delivered an issue of general obligation public improvement refunding bonds of the County in a principal amount not exceeding $60,000,000 to be designated and known as "General Obligation Public Improvement Refunding Bonds" (the "Bonds"). The Bonds are to be issued pursuant to the provisions of Title 15.2, Chapter 26, of the Code of Virginia, 1950, the same being the Public Finance Act of 1991 (the "Public Finance Act of 1991"). SECTION 3. Approval of the Details and Sale of the Bonds. (a) The Bonds shall be dated such date, shall bear interest from their date payable on such date and semiannually thereafter and shall have such series designation as shall be determined by the County Administrator. The Bonds shall mature and become due and payable on such date or dates not exceeding forty (40) years from their date and in such principal amounts on each such date as shall be determined by the County Administrator. The Bonds may be sold contemporaneously with any other bonds of the County, including, without limitation, the general obligation public improvement bonds approved by the voters of the County at elections duly called and held under the Public Finance Act of 1991 on November 2, 2004 and on November 5, 2013. (b) (i) The Bonds shall be issued only in fully registered form. One Bond representing each maturity of the Bonds will be issued to and registered in the name of Cede & Co., as nominee of The Depository Trust Company, New York, New York ("DTC"), or in the name of such other nominee of DTC as may be requested by an authorized representative of DTC, as registered owner of the Bonds, and each such Bond shall be immobilized in the custody of DTC. DTC will act as securities depository for the Bonds. Individual purchases will be made in book-entry form only, in the principal amount of $5,000 or any integral multiple thereof. Purchasers will not receive physical delivery of certificates representing their interests in the Bonds purchased. (ii) Principal and interest payments on the Bonds will be made by the County by wire transfer to DTC or its nominee, Cede & Co., or such other nominee of DTC, as registered owner of the Bonds, which will in turn remit such payments to the DTC participants for subsequent disbursal to the beneficial owners of the Bonds. Transfers of principal and interest payments to DTC participants will be the 14-408 J J 05/28/14 responsibility of DTC. Transfers of such payments to beneficial owners of the Bonds by DTC participants will be the responsibility of such participants and other nominees of such beneficial owners. Transfers of ownership interests in the Bonds will be accomplished by book entries made by DTC and, in turn, by the DTC participants who act on behalf of the indirect participants of DTC and the beneficial owners of the Bonds. (iii) The County will not be responsible or liable for sending transaction statements or for maintaining, supervising or reviewing records maintained by DTC, its participants or persons acting through such participants or for transmitting payments to, communicating with, notifying, or otherwise dealing with any beneficial owner of the Bonds. So long as the Bonds are in book-entry only form, the County Treasurer will serve as Registrar and Paying Agent for the Bonds in accordance with the provisions of Section 4 hereof. The County reserves the right to designate a successor Registrar and Paying Agent for the Bonds if the Bonds at any time cease to be in book-entry only form. (c) The Bonds shall be subject to redemption at the option of the County prior to their stated maturities, in whole or in part at any time, on such dates and with such redemption premiums, if any, as shall be determined by the County Administrator. (d) In accordance with and subject to the provisions of the Official Notice of Sale of the Bonds, bidders may provide that all the Bonds shall be issued as serial Bonds or may provide that any two or more consecutive annual principal amounts shall be combined into one or more term Bonds. If the successful bidder designates principal amounts to be combined into one or more term Bonds, each such term Bond shall be subject to mandatory sinking fund redemption commencing on such date in the first year which has been combined to form such term Bond and continuing on such date in each year thereafter until the stated maturity date of that term Bond. The amount redeemed in any year shall be equal to the principal amount of serial Bonds that would otherwise have matured in such year. Bonds to be redeemed in any year by mandatory sinking fund redemption shall be redeemed at par and shall be selected by lot from among the Bonds then subject to redemption. The County, at its option, may credit against any mandatory sinking fund redemption requirement term Bonds of the maturity then subject to redemption which have been purchased and cancelled by the County or which have been redeemed and not theretofore applied as a credit against any mandatory sinking fund redemption requirement. (e) (i) If any Bond (or any portion of the principal amount thereof in installments of $5,000) shall be subject to redemption and shall be called for redemption, notice of the redemption thereof, specifying the date, number and maturity of such Bond, the date and place or places fixed for its redemption, the premium, if any, payable upon such redemption and, if less than the entire principal amount of such Bond is to be redeemed, that such Bond must be surrendered in exchange for the principal amount thereof to be redeemed and a new Bond or Bonds issued equaling in principal amount that portion of the principal amount thereof 14-409 05/28/14 not to be redeemed, shall be mailed not less than thirty (30) days prior to the date fixed for redemption by first class mail, postage prepaid, to the registered owner of such Bond at the address of such registered owner as it appears on the books of registry kept by the Registrar and Paying Agent for the Bonds. The Registrar and Paying Agent shall not be required to exchange or transfer any Bond later than the close of business on the forty-fifth (45th) day next. preceding the date fixed for redemption of such Bond or any portion thereof. If notice of the redemption of any Bond shall have been given as aforesaid, and payment of the principal amount of such Bond (or the portion of the principal amount thereof to be redeemed) and of the accrued interest and premium, if any, payable upon such redemption shall have been duly made or provided for, interest on such Bond shall cease to accrue from and after the date so specified for redemption thereof. (ii) Any notice of the optional redemption of the Bonds may state that it is conditioned upon there being on deposit with the County, or the Registrar and Paying Agent for the Bonds or other designated agent of the County, on the date fixed for the redemption thereof an amount of money sufficient to pay the redemption price of such Bonds, together with the interest accrued thereon to the date fixed for the redemption thereof, and any conditional notice so given may be rescinded at any time before the payment of the redemption price of such Bonds, together with the interest accrued thereon, is due and payable if any such condition so specified is not satisfied. If a redemption of any Bonds does not occur after a conditional notice is given due to there not being on deposit with the County, or the Registrar and Paying Agent for the Bonds or other designated agent of the County, a sufficient amount of money to pay the redemption price of such Bonds, together with the interest accrued thereon to the date fixed for the redemption thereof, the corresponding notice of redemption shall be deemed to be revoked. (iii) So long as the Bonds of any series are in book-entry only form, any notice of redemption will be given only to DTC or its nominee. The County shall not be responsible for providing any beneficial owner of the Bonds with a notice of redemption. SECTION 4. Appointment of County Treasurer as Registrar and Paying Agent; Payment of Bonds; Books of Registry; Exchanges and Transfers of Bonds. (a)Appointment of Registrar and Paying Agent. The County Treasurer is hereby appointed Registrar and Paying Agent for the Bonds (hereinafter referred to as the "Registrar and Paying Agent"). (b) Payment of Bonds. (i) At any time during which the Bonds shall be in fully registered form, the interest on the Bonds shall be payable by check mailed by the Registrar and Paying Agent to the registered owners of the Bonds at their addresses as the same appear on the books of registry as of the record date for the payment of interest on the Bonds, and the principal of the Bonds shall be payable at the office of the Registrar and Paying Agent; provided, however, that so long as the Bonds are in book-entry only form and registered in the name of Cede & Co. , as nominee of 14-410 J J J 05/28/14 DTC, or in the name of such other nominee of DTC as may be requested by an authorized representative of DTC, interest on the Bonds shall be paid directly to Cede & Co. or such other nominee of DTC by wire transfer . (ii) At any time during which the Bonds shall be in book-entry form, the principal of and interest on the Bonds shall be payable in accordance with the arrangements made with the depository for the Bonds. (iii) The principal of and interest on the Bonds shall be payable in such coin or currency of the United States of America as at the respective dates of payment is legal tender for public and private debts. Interest on the Bonds shall be calculated on the basis of a 360-day year comprised of twelve 30-day months. (c) Books of Registry; Exchanges and Transfers of Bonds. (i) At all times during which any Bond remains outstanding and unpaid, the Registrar and Paying Agent shall keep or cause to be kept at its office, books of registry for the registration, exchange and transfer of the Bonds. Upon presentation at the office of the Registrar and Paying Agent for such purpose, the Registrar and Paying Agent, under such reasonable regulations as it may prescribe, shall register, exchange, transfer, or cause to be registered, exchanged or transferred, on the books of registry the Bonds as herein set forth. (ii) Any Bond may be exchanged at the office of the Registrar and Paying Agent for a like aggregate principal amount of such Bonds in other authorized principal amounts of the same interest rate and maturity. (iii) Any Bond may, in accordance with its terms, be transferred upon the books of registry by the registered owner in whose name it is registered, in person or by the duly authorized agent of such registered owner, upon surrender of such Bond to the Registrar and Paying Agent for cancellation, accompanied by a written instrument of transfer duly executed by the registered owner in person or the duly authorized agent of such registered owner, in form satisfactory to the Registrar and Paying Agent. (iv) All transfers or exchanges pursuant to this Section 4(c) shall be made without expense to the registered owners of the Bonds, except as otherwise herein provided, and except that the Registrar and Paying Agent shall require the payment by the registered owner of any Bond requesting such transfer or exchange of any tax or other governmental charges required to be paid with respect to such transfer or exchange. All Bonds surrendered pursuant to this Section 4(c) shall be cancelled. SECTION 5. Execution and Authentication of Bonds; CUSIP Identification Numbers. (a) Execution of Bonds. The Bonds shall be executed in the name of the County by the manual or facsimile signatures of the Chairman and the Clerk of the Board of Supervisors, and the corporate seal of the County shall be impressed, or a facsimile thereof printed, on the Bonds. 14-411 05/28/14 (b) Authentication of Bonds. The County Administrator shall direct the Registrar and Paying Agent to authenticate the Bonds and no Bonds shall be valid or obligatory for any purpose unless and until the certificate of authentication endorsed on such Bond shall have been manually executed by the Registrar and Paying Agent. Upon the authentication of any Bond, the Registrar and Paying Agent shall insert in the certificate of authentication the date as of which such Bond is authenticated as follows: (i) if the Bond is authenticated prior to the first interest payment date, the certificate shall be dated as of the date the Bonds are delivered to and paid for by the initial purchasers thereof, (ii) if the Bond is authenticated upon an interest payment date, the certificate shall be dated as of such interest payment date, (iii) if the Bond is authenticated on or after the record date for the payment of interest on the Bonds and prior to such interest payment date, the certificate shall be dated as of such interest payment date and (iv) in all other instances the certificate shall be dated the date upon which the Bond is authenticated. The execution and authentication of the Bonds in the manner above set forth is adopted as a due and sufficient authentication of the Bonds. (c) CUSIP Identification Numbers. CUSIP identification numbers may be printed on the Bonds, but neither the failure to print any such number on any Bonds, nor any error or omission with respect thereto, shall constitute cause for failure or refusal by the successful bidder for the Bonds to accept delivery of and pay for the Bonds in accordance with the terms of its bid to purchase the Bonds. No such number shall constitute or be deemed to be a part of any Bond or a part of the contract evidenced thereby and no liability shall attach to the County or any of its officers or agents because of or on account of any such number or any use made thereof. SECTION 6. Tax Covenant. To the extent it shall be contemplated at the time of their issuance that any Bonds issued hereunder shall be excludable from gross income for purposes of federal income taxation, the County covenants and agrees to comply with the provisions of Sections 103 and 141-150 of the Internal Revenue Code of 1986 and the applicable Treasury Regulations promulgated thereunder throughout the term of such Bonds. SECTION 7. Sources of Payment of Bonds. The full faith and credit of the County shall be and is hereby irrevocably pledged to the punctual payment of the principal of and interest on the Bonds as the same become due. In each year while the Bonds, or any of them, are outstanding and unpaid, this Board is authorized and required to levy and collect annually, at the same time and in the same manner as other taxes in the County are assessed, levied and collected, a tax upon all taxable property within the County, over and above all other taxes, authorized or limited by law and without limitation as to rate or amount, sufficient to pay when due the principal of and interest on the Bonds to the extent other funds of the County are not lawfully available and appropriated for such purpose. SECTION 8. Form of Bonds. The Bonds shall be in substantially the form set forth in Exhibit A with such J J J 14-412 05/28/14 necessary or appropriate variations, omissions and insertions as are incidental to their numbers, interest rates and maturities or as are otherwise permitted or required by law or this resolution. SECTION 9. Preparation and Distribution of Preliminary Official Statement and Preparation, Execution and Delivery of Official Statement; Preliminary Official Statement "Deemed Final" for Purposes of Securities and Exchange Commission Rule 15c2-12. (a) The County Administrator and other appropriate officials and employees of the County are hereby authorized and directed to prepare and distribute, or cause to be prepared and distributed (via electronic dissemination or otherwise), to prospective purchasers of the Bonds a Preliminary Official Statement relating to the Bonds. All actions taken by the officials, employees, agents and attorneys of the County with respect to the preparation and distribution of such Preliminary Official Statement prior to the date hereof are hereby ratified and confirmed. (b) The County Administrator and other appropriate officials and employees of the County are hereby authorized and directed to prepare, or to cause to be prepared, a final Official Statement relating to the Bonds, such final Official Statement to be in substantially the form of the Preliminary Official Statement with the completion therein of the information with respect to the interest rates to be borne by the Bonds as specified by the successful bidder for the Bonds and other definitive details of the Bonds determined upon the sale of the Bonds to the successful bidder therefor. (c) The County Administrator is hereby authorized to execute and deliver to the representative of the purchasers of the Bonds the final Official Statement relating to the Bonds in accordance with the provisions of the Official Notice of Sale relating to the Bonds. (d) The Preliminary Official Statement shall be "deemed final" as of its date for purposes of Rule 15c2-12 promulgated by the Securities and Exchange Commission pursuant to the Securities Exchange Act of 1934 ("Rule 15c2-12") except for the omission of information permitted to be omitted by Rule 15c2-12. The County Administrator is hereby authorized to execute and deliver to the representative of the purchasers of the Bonds a certificate dated the date of the Preliminary Official Statement stating that the Preliminary Official Statement is deemed final by the County for purposes of Rule 15c2-12 as of its date. SECTION 10. Sale of Bonds. (a) There is hereby delegated to the County Administrator authority, without further action by the Board of Supervisors, to sell the Bonds authorized for issuance under this resolution in accordance with the provisions hereof at competitive sale at such price, and on such other terms and conditions as shall be provided in the Official Notice of Sale relating to the Bonds. The County Administrator is hereby authorized to cause to be prepared and disseminated (via electronic dissemination or otherwise) an Official Notice of Sale of the Bonds in such form and containing such terms and conditions as the County Administrator may deem advisable, subject to the provisions hereof. 14-413 05/28/14 (b) The County Administrator is hereby authorized to receive bids for the purchase of the Bonds and, without further action by the Board of Supervisors, to accept the bid offering to purchase the Bonds at the lowest true interest cost to the County, computed in accordance with the provisions of the Official Notice of Sale; provided (i) that such bid is in conformity with the Official Notice of Sale, (ii) that the true interest cost to the County as specified in such bid is not in excess of six percent (6.OOo) and (iii) that any premium payable upon the optional redemption of the Bonds shall not exceed two percent (2.OOo) and provided further that, prior to the acceptance of any bid, the County shall have received the good faith deposit specified in the Official Notice of Sale. The County Administrator is hereby further authorized to determine, or to modify the provisions of this resolution with respect to, the dated date of the Bonds, the interest payment dates for the Bonds, the dates on which the Bonds shall mature and the principal amount of the Bonds maturing on each such maturity date and to fix the rates of interest to be borne by the Bonds of each maturity as specified in the bid accepted by the County Administrator in accordance with the immediately preceding sentence. (c) The County Administrator is hereby further authorized to execute and deliver to the purchasers of the Bonds authorized for issuance under this resolution a Continuing Disclosure Certificate evidencing the County's undertaking, to comply with the continuing disclosure requirements of Paragraph (b)(5) of such Rule 15c2-12 to the extent applicable to the Bonds. The County Administrator, the Director of Accounting and the County Attorney are hereby authorized to execute and deliver to the purchasers of the Bonds one or more certificates in the forms provided for in the Official Statement relating to the Bonds. SECTION 11. Authorization to Designate the Refunded Bonds for Redemption; Authorization to Select An Escrow Agent; Authorization to Enter into an Escrow Deposit Agreement; Authorization to Select a Verification Agent. (a) Subject to the sale and receipt of the proceeds of the Bonds, the County Administrator is hereby authorized to designate the Refunded Bonds for redemption on such date or dates as the County Administrator shall determine and is hereby further authorized to request the County Treasurer, as Registrar and Paying Agent for the Refunded Bonds, to cause the notice of the redemption of the Refunded Bonds to be given in accordance with the provisions of the proceedings authorizing the issuance of the Refunded Bonds. (b) The County Administrator is hereby authorized, in the discretion of the County Administrator, to select a bank or trust company to serve, or the County may itself serve, as Escrow Agent, if necessary, and to deliver to such Escrow Agent or applicable County officials irrevocable written instructions to give notices, or to cause such notices to be given, in the name and on behalf of the County, to the holders of the Refunded Bonds of the redemption of such Refunded Bonds on the dates fixed for the redemption thereof, such notices to be given in the manner and at the time or times provided in proceedings authorizing the issuance of the Refunded Bonds. J J J 14-414 05/28/14 (c) The County Administrator is hereby authorized, in the discretion of the County Administrator, to execute and deliver an Escrow Deposit Agreement by and between the County and the Escrow Agent in such form as shall be approved by the County Administrator upon the advice of counsel (including the County Attorney or Bond Counsel), such approval to be conclusively evidenced by the execution of the Escrow Deposit Agreement by the County Administrator. (d) The County Administrator is hereby authorized to select a verification agent, if necessary, in connection with the refunding of the Refunded Bonds. SECTION 12. Authorization to Purchase Government Securities. The County Administrator or the County Treasurer is hereby authorized to execute, on behalf of the County, subscriptions for United States Treasury Obligations - State and Local Government Series, if any, to be purchased by the County in connection with the refunding of the Refunded Bonds. Such United States Treasury Obligations - State and Local Government Series, if any, so purchased shall be held by or on behalf of the County Treasurer or by the Escrow Agent under and in accordance with the provisions of any Escrow Deposit Agreement entered into in connection with the refunding of the Refunded Bonds.- The County Administrator and or the County Treasurer is hereby authorized to enter into such purchase agreements, including forward supply agreements, if any, as shall be required in connection with the refunding of the Refunded Bonds providing for the purchase by or on behalf of the County in the open market of direct general obligations of, or obligations the payment of the principal of and interest on which are unconditionally guaranteed by, the United States of America. The County Administrator or the County Treasurer is hereby authorized to sell any securities held by the Escrow Agent under and in accordance with the provisions of the Escrow Deposit Agreement and to purchase securities in .lieu of and in substitution therefor. SECTION 13. Filing of This Resolution. The County Attorney is hereby authorized and directed to file a copy of this resolution, certified by the Clerk of the Board of Supervisors to be a true and correct copy hereof, with the Circuit Court of the County of Chesterfield. SECTION 14. Invalidity Clauses or Provisions. If any provision of this unenforceable for unenforceability of provision shall not this resolution. resolution of Sections, Paragra~ section, paragraph, clause shall be held invalid any reason, such section, affect any of the the invalidity paragraph, clause remaining portions hs, or or or or of SECTION 15. Headings of Sections. The headings of the sections of this resolution shall be solely for convenience of reference and shall not affect the meaning, construction, interpretation or effect of such sections or of this resolution. SECTION 16. Effective Date. This resolution shall take effect upon its adoption. And, further, the Board adopted the following resolution: 14-415 05/28/14 A RESOLUTION AUTHORIZING AND PROVIDING FOR THE ISSUANCE, SALE AND DELIVERY FROM TIME TO TIME OF THREE HUNDRED FIFTY-THREE MILLION DOLLARS ($353,000,000) PRINCIPAL AMOUNT OF COUNTY OF CHESTERFIELD, VIRGINIA, GENERAL OBLIGATION PUBLIC IMPROVEMENT BONDS APPROVED AT AN ELECTION DULY CALLED AND HELD IN THE COUNTY OF CHESTERFIELD, VIRGINIA, ON NOVEMBER 5, 2013; FIXING THE FORM, DENOMINATION AND CERTAIN OTHER DETAILS OF SUCH BONDS; AND PROVIDING FOR THE SALE OF SUCH BONDS AND DELEGATING TO THE COUNTY ADMINISTRATOR CERTAIN POWERS WITH RESPECT THERETO BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF CHESTERFIELD, VIRGINIA: SECTION 1. Findings and Determinations. (a)Pursuant to Chapter 26 of Title 15.2 of the Code of Virginia, 1950 (the same being the Public Finance Act of 1991), an election duly called and held under the Public Finance Act of 1991 in the County of Chesterfield, Virginia (the "County"), on November 5, 2013 and an Order of the Circuit Court of the County, dated January 21, 2014, the County is authorized to contract debt and issue its general obligation bonds in the maximum amount of three hundred fifty-three million dollars ($353,000,000) for the purposes set forth below: (i) general obligation bonds in the maximum amount of three hundred four million dollars ($304,000,000) for capital school improvement projects in the County; and (ii) general obligation bonds in the maximum amount of forty-nine million dollars ($49,000,000) for public safety improvement projects in the County. (b) As of the date hereof, none of such general obligation bonds approved by the voters of the County at the aforementioned election held on November 5, 2013 have been issued by the County. (c) The Board of Supervisors of the County (the "Board of Supervisors") further deems it advisable and in the best interests of the County to authorize and provide at this time for the issuance, sale and delivery from time to time of the three hundred fifty-three million dollars ($353,000,000) aggregate principal amount of the general obligation bonds approved by the voters of the County at the aforementioned election held on November 5, 2013 for the following purposes as set forth in Section 1(a) hereof. SECTION 2. Authorization of Issuance of Bonds Approved at Election Held on November 5, 2013. For the purpose of financing the costs of the public improvement projects, as described in Section 1(a), there are hereby authorized to be issued, sold and delivered from time to time in one or more series three hundred fifty-three million dollars ($353,000,000) aggregate principal amount of general obligation bonds of the County to be designated and known as "County of Chesterfield, Virginia, General Obligation Public Improvement Bonds" (hereinafter referred to as the "Bonds"). (a) There may be issued, sold and delivered contemporaneously with, and subject to the terms, conditions and provisions of this resolution applicable to, the Bonds 14-416 J J J 05/28/14 authorized for issuance, sale and delivery under this resolution, not-to-exceed eight million five hundred thousand dollars ($8,500,000) principal amount of general obligation bonds of the County authorized for issuance by the voters of the County at an election duly called and held under the Public Finance Act of 1991 in the County on November 2, 2004, and such general obligation bonds shall be encompassed within the definition of the term "the Bonds" as such term is used in this resolution. SECTION 3. Approval of the Details and Sale of the Bonds. The Bonds shall be dated such date, shall bear interest from their date payable on such date and semiannually thereafter and shall have such series designation as shall be determined by the County Administrator. The Bonds shall mature and become due and payable on such date or dates not exceeding forty (40) years from their date and in such principal amounts on each such date as shall be determined by the County Administrator. (a) The Bonds shall be issued only in fully registered form. One Bond representing each maturity of the Bonds will be issued to and registered in the name of Cede & Co., as nominee of The Depository Trust Company, New York, New York ("DTC"), or in the name of such other nominee of DTC as may be requested by an authorized representative of DTC, as registered owner of the Bonds, and each such Bond shall be immobilized in the custody of DTC. DTC will act as securities depository for the Bonds. Individual purchases will be made in book-entry form only, in the principal amount of $5,000 or any integral multiple thereof. Purchasers will not receive physical delivery of certificates representing their interests in the Bonds purchased. (i) Principal and interest payments on the Bonds will be made by the County by wire transfer to DTC or its nominee, Cede & Co., or such other nominee of DTC, as registered owner of the Bonds, which will in turn remit such payments to the DTC participants for subsequent disbursal to the beneficial owners of the Bonds. Transfers of principal and interest payments to DTC participants will be the responsibility of DTC. Transfers of such payments to beneficial owners of the Bonds by DTC participants will be the responsibility of such participants and other nominees of such beneficial owners. Transfers of ownership interests in the Bonds will be accomplished by book entries made by DTC and, in turn, by the DTC participants who act on behalf of the indirect participants of DTC and the beneficial owners of the Bonds. (ii) The County will not be responsible or liable for sending transaction statements or for maintaining, supervising or reviewing records maintained by DTC, its participants or persons acting through such participants or for transmitting payments to, communicating with, notifying, or otherwise dealing with any beneficial owner of the Bonds. So long as the Bonds are in book-entry only form, the County Treasurer will serve as Registrar and Paying Agent for the Bonds in accordance with the provisions of Section 4 hereof. The County reserves the right to designate a successor Registrar and Paying Agent for the Bonds if the Bonds at any time cease to be in book-entry only form. 14-417 05/28/14 (b) The Bonds shall be subject to redemption at the option of the County prior to their stated maturities, in whole or in part at any time, on such dates and with such redemption premiums, if any, as shall be determined by the County Administrator. (c) In accordance with and subject to the provisions of the Official Notice of Sale of the Bonds, bidders may provide that all the Bonds shall be issued as serial Bonds or may provide that any two or more consecutive annual principal amounts shall be combined into one or more term Bonds. If the successful bidder designates principal amounts to be combined into one or more term Bonds, each such term Bond shall be subject to mandatory sinking fund redemption commencing on such date in the first year which has been combined to form such term Bond and continuing on such date in each year thereafter until the stated maturity date of that term Bond. The amount redeemed in any year shall be equal to the principal amount of serial Bonds that would otherwise have matured in such year. Bonds to be redeemed in any year by mandatory sinking fund redemption shall be redeemed at par and shall be selected by lot from among the Bonds then subject to redemption. The County, at its option, may credit against any mandatory sinking fund redemption requirement term Bonds of the maturity then subject to redemption which have been purchased and cancelled by the County or which have been redeemed and not theretofore applied as a credit against any mandatory sinking fund redemption requirement. (d) If any Bond (or any portion of the principal amount thereof in installments of $5,000) shall be subject to redemption and shall be called for redemption, notice of the redemption thereof, specifying the date, number and maturity of such Bond, the date and place or places fixed for its redemption, the premium, if any, payable upon such redemption and, if less than the entire principal amount of such Bond is to be redeemed, that such Bond must be surrendered in exchange for the principal amount thereof to be redeemed and a new Bond or Bonds issued equalling in principal amount that portion of the principal amount thereof not to be redeemed, shall be mailed not less than thirty (30) days prior to the date fixed for redemption by first class mail, postage prepaid, to the registered owner of such Bond at the address of such registered owner as it appears on the books of registry kept by the Registrar and Paying Agent for the Bonds. The Registrar and Paying Agent shall not be required to exchange or transfer any Bond later than the close of business on the forty-fifth (45th) day next preceding the date fixed for redemption of such Bond or any portion thereof. If notice of the redemption of any Bond shall have been given as aforesaid, and payment of the principal amount of such Bond (or the portion of the principal amount thereof to be redeemed) and of the accrued interest and premium, if any, payable upon such redemption shall have been duly made or provided for, interest on such Bond shall cease to accrue from and after the date so specified for redemption thereof. (i) Any notice of the optional redemption of the Bonds may state that it is conditioned upon there being on deposit with the County, or the Registrar and Paying Agent for the Bonds or other designated agent of the County, on the date fixed for the redemption thereof an amount of money J J 14-418 05/28/14 sufficient to pay the redemption price of such Bonds, together with the interest accrued thereon to the date fixed for the redemption thereof, and any conditional notice so given may be rescinded at any time before the payment of the redemption price of such Bonds, together with the interest accrued thereon, is due and payable if any such condition so specified is not satisfied. If a redemption of any Bonds does not occur after a conditional notice is given due to there not being on deposit with the County, or the Registrar and Paying Agent for the Bonds or other designated agent of the County, a sufficient amount of money to pay the redemption price of such Bonds, together with the interest accrued thereon to the date fixed for the redemption thereof, the corresponding notice of redemption shall be deemed to be revoked. (ii) So long as the Bonds of any series are in book-entry only form, any notice of redemption will be given only to DTC or its nominee. The County shall not be responsible for providing any beneficial owner of the Bonds with a notice of redemption. SECTION 4. Appointment of County Treasurer as Registrar and Paying Agent; Payment of Bonds; Books of Registry; Exchanges and Transfers of Bonds. Appointment of Registrar and Paying Agent. The County Treasurer is hereby appointed Registrar and Paying Agent for the Bonds (hereinafter referred to as the "Registrar and Paying Agent") . (a) Payment of Bonds. At any time during which the Bonds shall be in fully registered form, the interest on the Bonds shall be payable by check mailed by the Registrar and Paying Agent to the registered owners of the Bonds at their addresses as the same appear on the books of registry as of the record date for the payment of interest on the Bonds, and the principal of the Bonds shall be payable at the office of the Registrar and Paying Agent; provided, however, that so long as the Bonds are in book-entry only form and registered in the name of Cede & Co., as nominee of DTC, or in the name of such other nominee of DTC as may be requested by an authorized representative of DTC, interest on the Bonds shall be paid directly to Cede & Co. or such other nominee of DTC by wire transfer. (i) At any time during which the Bonds shall be in book-entry form, the principal of and interest on the Bonds shall be payable in accordance with the arrangements made with the depository for the Bonds. (ii) The principal of and interest on the Bonds shall be payable in such coin or currency of the United States of America as at the respective dates of payment is legal tender for public and private debts. Interest on the Bonds shall be calculated on the basis of a 360-day year comprised of twelve 30-day months. (b) Books of Registry; Exchanges and Transfers of Bonds. At all times during which any Bond remains outstanding and unpaid, the Registrar and Paying Agent shall keep or cause to be kept at its office, books of registry for the registration, exchange and transfer of the Bonds. Upon presentation at the office of the Registrar and Paying Agent 14-419 05/28/14 for such purpose, the Registrar and Paying Agent, under such reasonable regulations as it may prescribe, shall register, exchange, transfer, or cause to be registered, exchanged or transferred, on the books of registry the Bonds as herein set forth. (i) Any Bond may be exchanged at the office of the Registrar and Paying Agent for a like aggregate principal amount of such Bonds in other authorized principal amounts of the same interest rate and maturity. (ii) Any Bond may, in accordance with its terms, be transferred upon the books of registry by the registered owner in whose name it is registered, in person or by the duly authorized agent of such registered owner, upon surrender of such Bond to the Registrar and Paying Agent for cancellation, accompanied by a written instrument of transfer duly executed by the registered owner in person or the duly authorized agent of such registered owner, in form satisfactory to the Registrar and Paying Agent. (iii) All transfers or exchanges pursuant to this Section 4(c) shall be made without expense to the registered owners of the Bonds, except as otherwise herein provided, and except that the Registrar and Paying Agent shall require the payment by the registered owner of any Bond requesting such transfer or exchange of any tax or other governmental charges required to be paid with respect to such transfer or exchange. All Bonds surrendered pursuant to this Section 4 (c) shall be cancelled. SECTION 5. Execution and Authentication of Bonds; CUSIP Identification Numbers. Execution of Bonds. The Bonds shall be executed in the name of the County by the manual or facsimile signatures of the Chairman and the Clerk of the Board of Supervisors, and the corporate seal of the County shall be impressed, or a facsimile thereof printed, on the Bonds. (a) Authentication of Bonds. The County Administrator shall direct the Registrar and Paying Agent to authenticate the Bonds and no Bonds shall be valid or obligatory for any purpose unless and until the certificate of authentication endorsed on such Bond shall have been manually executed by the Registrar and Paying Agent. Upon the authentication of any Bond, the Registrar and Paying Agent shall insert in the certificate of authentication the date as of which such Bond is authenticated as follows: (i) if the Bond is authenticated prior to the first interest payment date, the certificate shall be dated as of the date the Bonds are delivered to and paid for by the initial purchasers thereof, (ii) if the Bond is authenticated upon an interest payment date, the certificate shall be dated as of such interest payment date, (iii) if the Bond is authenticated on or after the record date for the payment of interest on the Bonds and prior to such interest payment date, the certificate shall be dated as of such interest payment date and (iv) in all other instances the certificate shall be dated the date upon which the Bond is authenticated. The execution and authentication of the Bonds in the manner above set forth is adopted as a due and sufficient authentication of the Bonds. J J 14-420 05/28/14 (b) CUSIP Identification Numbers. CUSIP identification numbers may be printed on the Bonds, but neither. the failure to print any such number on any Bonds, nor any error or omission with respect thereto, shall constitute cause for failure or refusal by the successful bidder for the Bonds to accept delivery of and pay for the Bonds in accordance with the terms of its bid to purchase the Bonds. No such number shall constitute or be deemed to be a part of any Bond or a part of the contract evidenced thereby and no liability shall attach to the County or any of its officers or agents because of or on account of any such number or any use made thereof. SECTION 6. Tax Covenant. To the extent it shall be contemplated at the time of their issuance that any Bonds issued hereunder shall be excludable from gross income for purposes of federal income taxation, the County covenants and agrees to comply with the provisions of Sections 103 and 141- 150 of the Internal Revenue Code of 1986 and the applicable Treasury Regulations promulgated thereunder throughout the term of such Bonds. SECTION 7. Sources of Payment of Bonds. The full faith and credit of the County shall be and is hereby irrevocably pledged to the punctual payment of the principal of and interest on the Bonds as the same become due. In each year while the Bonds, or any of them, are outstanding and unpaid, this Board is authorized and required to levy and collect annually, at the same time and in the same manner as other taxes in the County are assessed, levied and collected, a tax upon all taxable property within the County, over and above all other taxes, authorized or limited by law and without limitation as to rate or amount, sufficient to pay when due the principal of and interest on the Bonds to the extent other funds of the County are not lawfully available and appropriated for such purpose. SECTION 8. Form of Bonds. The Bonds shall be in substantially the form set forth in Exhibit A with such necessary or appropriate variations, omissions and insertions as are incidental to their numbers, interest rates and maturities or as are otherwise permitted or required by law or this resolution. SECTION 9. Preparation and Distribution of Preliminary Official Statement and Preparation, Execution and Delivery of Official Statement; Preliminary Official Statement "Deemed Final" for Purposes of Securities and Exchange Commission Rule 15c2-12. The County Administrator and other appropriate officials and employees of the County are hereby authorized and directed to prepare and distribute, or cause to be prepared and distributed (via electronic dissemination or otherwise), to prospective purchasers of the Bonds a Preliminary Official Statement relating to the Bonds. All actions taken by the officials, employees, agents and attorneys of the County with respect to the preparation and distribution of such Preliminary Official Statement prior to the date hereof are hereby ratified and confirmed. (a) The County Administrator and other appropriate officials and employees of the County are hereby authorized and directed to prepare, or to cause to be prepared, a final Official Statement relating to the Bonds, such final Official 14-421 05/28/14 Statement to be in substantially the form of the Preliminary Official Statement with the completion therein of the information with respect to the interest rates to be borne by the Bonds as specified by the successful bidder for the Bonds and other definitive details of the Bonds determined upon the sale of the Bonds to the successful bidder therefor. (b) The County Administrator is hereby authorized to execute and deliver to the representative of the purchasers of the Bonds the final Official Statement relating to the Bonds in accordance with the provisions of the Official Notice of Sale relating to the Bonds. (c) The Preliminary Official Statement shall be "deemed final" as of its date for purposes of Rule 15c2-12 promulgated by the Securities and Exchange Commission pursuant to the Securities Exchange Act of 1934 ("Rule 15c2- 12") except for the omission of information permitted to be omitted by Rule 15c2-12. The County Administrator is hereby authorized to execute and deliver to the representative of the purchasers of the Bonds a certificate dated the date of the Preliminary Official Statement stating that the Preliminary -Official Statement is deemed final by the County for purposes of Rule 15c2-12 as of its date. SECTION 10. Sale of Bonds. There is hereby delegated to the County Administrator authority, without further action by the Board of Supervisors, to sell the Bonds authorized for issuance under this resolution in accordance with the provisions hereof at competitive sale at such price, and on such other terms and conditions as shall be provided in the Official Notice of Sale relating to the Bonds. The County Administrator is hereby authorized to cause to be prepared and disseminated (via electronic dissemination or otherwise) an Official Notice of Sale of the Bonds in such form and containing such terms and conditions as the County Administrator may deem advisable, subject to the provisions hereof. (a) The County Administrator is hereby authorized to receive bids for the purchase of the Bonds and, without further action by the Board of Supervisors, to accept the bid offering to purchase the Bonds at the lowest true interest cost to the County, computed in accordance with the provisions of the Official Notice of Sale; provided (i) that such bid is in conformity with the Official Notice of Sale, (ii) that the true interest cost to the County as specified in such bid is not in excess of eight percent (8.OOa) and (iii) that any premium payable upon the optional redemption of the Bonds shall not exceed two percent (2.00%) and provided further that, prior to the acceptance of any bid, the County shall have received the good faith deposit specified in the Official Notice of Sale. The County Administrator is hereby further authorized to determine, or to modify the provisions of this resolution with respect to, the dated date of the Bonds, the interest payment dates for the Bonds, the dates on which the Bonds shall mature and the principal amount of the Bonds maturing on each such maturity date and to fix the rates of interest to be borne by the Bonds of each maturity as specified in the bid accepted by the County Administrator in accordance with the immediately preceding sentence. J J J 14-422 05/28/14 (b) The County Administrator is hereby further authorized to execute and deliver to the purchasers of the Bonds authorized for issuance under this resolution a Continuing Disclosure Certificate evidencing the County's undertaking, to comply with the continuing disclosure requirements of Paragraph (b)(5) of such Rule 15c2-12 to the extent applicable to the Bonds. The County Administrator, the Director of Accounting and the County Attorney are hereby authorized to execute and deliver to the purchasers of the Bonds one or more certificates in the forms provided for in the Official Statement relating to the Bonds. SECTION 11. Official Intent. This resolution shall constitute authority for any appropriate representative of the County (including, without limitation, the County Administrator or any Deputy County Administrator, the County Treasurer, the Director of Accounting and the Director of Budget and Management) from time to time to execute an official intent of the County pursuant to Treasury Regulation Section 1.150-2 for purposes of authorizing the County to reimburse itself from the proceeds of the Bonds for original expenditures made on the public improvement projects described in Section 1(a) hereof made on or after the sixtieth (60th) day prior to the date this resolution is adopted. Any such official intent shall comply with the provisions of Treasury Regulation Section 1.150-2 (e) or any successor thereto. SECTION 12. Filing of this Resolution. The County Attorney is hereby authorized and directed to file a copy of this resolution, certified by the Clerk of the Board of Supervisors to be a true and correct copy hereof, with the Circuit Court of the County of Chesterfield. SECTION 13 Clauses or Provisions provision of this unenforceable for unenforceability of provision shall not this resolution. Invalidity of Sections, Paragra~ If any section, paragraph, clause resolution shall be held invalid any reason, the invalidity such section, paragraph, clause affect any of the remaining portions hs, or or or or of SECTION 14. Headings of Sections. The headings of the sections of this resolution shall be solely for convenience of reference and shall not affect the meaning, construction, interpretation or effect of such sections or of this resolution. SECTION 15. Effective Date. This resolution shall take effect upon its adoption Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 18.F. TO CONSIDER AN ORDINANCE TO VACATE A FIFTY-FOOT RIGHT OF WAY KNOWN AS TREPORT ROAD AND FIFTEEN-FOOT TEMPORARY CONSTRUCTION EASEMENTS WITHIN SALISBURY HEATHLAND - SECTION A Mr. Harmon stated this date and time has been advertised for a public hearing for the Board to consider an ordinance to vacate a fifty-foot right of way known as Treport Road and fifteen-foot temporary construction easements with Salisbury Heathland - Section A. 14-423 05/28/14 Mr. Holland called for public comment. There being no one to address the issue, the public hearing was closed. On motion of Mr. Holland, seconded by Mr. Warren, the Board adopted the following ordinance: AN ORDINANCE whereby the COUNTY OF CHESTERFIELD, VIRGINIA, ("GRANTOR") vacates to FREDERICK M. COZAD and LINDA W. COZAD, (husband and wife) and JAMES L. HUDKINS and PAULINE A. HUDKINS, (husband and wife) , ( "GRANTEE") , a 50' right of way known as Treport Road and 15' temporary construction easements within Salisbury Heathland - Section A, MIDLOTHIAN Magisterial District, Chesterfield County, Virginia, as shown on a plat thereof duly recorded in the Clerk's Office of the Circuit Court of Chesterfield County in Plat Book 40, at Page 52. WHEREAS, FREDERICK M. COZAD and LINDA W. COZAD, petitioned the Board of Supervisors of Chesterfield County, Virginia to vacate a 50' right of way known as Treport Road and 15' temporary construction easements within Salisbury Heathland - Section A, MIDLOTHIAN Magisterial District, Chesterfield County, Virginia more particularly shown on a plat of record in the Clerk's Office of the Circuit Court of said County in Plat Book 40, Page 52, by J. K. TIMMONS & ASSOCIATES, INC., dated AUGUST 27, 1981 and recorded JANUARY 11, 1982. The right of way and temporary easements petitioned to be vacated are more fully described as follows: A 50' right of way known as Treport Road between Lot 1, Block-C and Lot 16, Block B, and 15' temporary construction easements within Salisbury Heathland - Section A, the location of which are more fully shown on a plat made by J. K. TIMMONS & ASSOCIATES, INC., dated AUGUST 27, 1981, a copy of which is attached hereto and made a part of this Ordinance. WHEREAS, notice has been given pursuant to Section 15.2- 2204 of the Code of Virginia, 1950, as amended, by advertising; and, WHEREAS, no public necessity exists for the continuance of the right of way and temporary easements sought to be vacated. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF SUPERVISORS OF CHESTERFIELD COUNTY, VIRGINIA: That pursuant to Section 15.2-2272 of the Code of Virginia, 1950, as amended, the aforesaid right of way and temporary easements be and are hereby vacated. GRANTEE hereby conveys unto the GRANTOR and GRANTOR hereby reserves a 20' drainage easement within the right of way hereby vacated, as shown on the attached map. 14-424 J J J 05/28/14 This Ordinance shall be in full force and effect in accordance with Section 15.2-2272 of the Code of Virginia, 1950, as amended, and a certified copy of this Ordinance, together with the plat attached hereto shall be recorded no sooner than thirty days hereafter in the Clerk's Office, Circuit Court, Chesterfield County, Virginia pursuant to Section 15.2-2276 of the Code of Virginia, 1950, as amended. The effect of this Ordinance pursuant to Section 15.2- 2274 is to destroy the force and effect of the recording of the portion of the plat vacated. This Ordinance shall vest fee simple title to the centerline of the right of way and the temporary construction easements hereby vacated in the property owners of Lot 1, Block C and Lot 16, Block B within Salisbury Heathland - Section A free and clear of any rights of public use. Accordingly, this Ordinance shall be indexed in the names of the COUNTY OF CHESTERFIELD as GRANTOR, and FREDERICK M. COZAD and LINDA W. COZAD, (husband and wife) and JAMES L. HUDKINS and PAULINE A. HUDKINS, (husband and wife), or their successors in title, as GRANTEE. Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 18.G. TO CONSIDER THE LEASING OF COUNTY PROPERTY AT MID- LOTHIAN MINES PARK Mr. Harmon stated this date and time has been advertised for a public hearing for the Board to consider the leasing of county property at Mid-Lothian Mines Park. 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 leasing of county property at Mid-Lothian Mines Park to Cellco Partnership D/B/A Verizon Wireless. Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 18.H. TO CONSIDER THE EXERCISE OF EMINENT DOMAIN FOR THE ACQUISITION OF PERMANENT AND TEMPORARY CONSTRUCTION EASEMENTS FOR THE WRENS NEST ROAD SETTLERS LANDING SUBDIVISION DRAINAGE IMPROVEMENTS PROJECT Mr. Harmon 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 permanent and temporary construction easements for The Wrens Nest Road Settlers Landing Subdivision Drainage Improvements Project. He further stated staff was able to reach an agreement with the land owner; therefore, no action is required. No action was taken. 14-425 05/28/14 19. REMAINING MANUFACTURED HOME PERMITS AND ZONING REQUESTS There were no remaining requests for manufactured home permits or rezoning at this time. 20. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED MATTERS Mr. Will Shewmake addressed the Board relative to differential cash proffers and urged the Board to set up a study group relative to the county's cash proffer policy. Mr. Freddy Boisseau addressed the Board relative to the county's cash proffer policy. 21. ADJOURNMENT On motion of Ms. Jaeckle, seconded by Mr. Warren, the Board adjourned at 8:09 p.m. until June 25, 2014, at 3:00 p.m. Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. es J.L Stegm er unty ministrator J J 14-426 05/28/14