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2014-06-25 MinutesBOARD OF SUPERVISORS MINUTES June 25, 2014 Supervisors in Attendance: Mr. James M. Holland, Chairman Mr. Stephen A. Elswick, Vice Chrm. Ms. Dorothy A. Jaeckle Mr. Arthur S. Warren Mr. Daniel A. Gecker Mr. James J. L. Stegmaier County Administrator 14-427 Staff in Attendance: Mr. Greg Akers, Dir., Internal Audit Mr. Mike Bacile, Dir., Purchasing Dr. Sheryl Bailey, Dep. County Administrator, Management Services Ms. Janice Blakley, Clerk to the Board Ms. Marilyn Brown, Dir., Juvenile Detention Home Mr. Kevin Bruny, Chief Learning Officer Ms. Debbie Burcham, Exec. Dir., Community Services Board Mr. Allan Carmody, Dir., Budget and Management Ms. Mary Ann Curtin, Dir., Intergovtl. Relations Mr. William Davenport, Commonwealth Attorney Mr. Jonathan Davis, Dir., Real Estate Assessment Mr. Will Davis, Dir., Economic Development Mr. William Dupler, Dep. County Administrator, Community Development Colonel Thierry Dupuis, Police Department Mr. Robert Eanes, Asst. to the County Administrator Mr. Michael Golden, Dir., Parks and Recreation Mr. John W. Harmon, Real Property Manager Mr. George Hayes, Asst. Dir., Utilities Department Dr. Parham Jaberi, Dir., Health Department Mr. Rob Key, Director, General Services Mr. Louis Lassiter, Asst. County Administrator Sheriff Karl Leonard, Sheriff's Department Mr. Jeffrey L. Mincks, County Attorney Ms. Susan Pollard, Dir., Public Affairs Chief Edward L. Senter, Fire Department 06/25/14 Mr. Scott Smedley, Dir., Environmental Engineering Mr. Jesse Smith, Dir., Transportation Ms. Sarah Snead, Dep. County Administrator, Human Services Mr. Richard Troshak, Dir., Emergency Communications Mr. Kirk Turner, Dir., Planning Mr. Rick Witt, Building Official, Building Inspection 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 1.A. APRIL 23, 2014 REGULAR MEETING Ms. Jaeckle stated she had some questions about the April 23rd minutes. She inquired about discussion related to specific budgetary items, specifically, tax relief for the elderly and disabled. In response to Ms. Jaeckle's inquiry, Mr. Stegmaier stated a list was presented to the Board at the evening session on April 23rd that detailed all of the items the Board had discussed at the afternoon session to include in the budget. He noted funding for the trash collection program was not included in the FY2015 budget. He stated there had been some discussion relative to grandfathering individuals who participated in the program and not accepting any new applications. Ms. Jaeckle requested that discussion relative to the re- ordering of budget items be inserted within the minutes. In response to Mr. Holland's suggestion, Ms. Jaeckle stated she did review the video of the April 23rd meeting. Mr. Warren recommended deferring approval of the April 23rd minutes for 30 days. Mr. Gecker expressed concerns relative to items not being included within the appropriation resolution, specifically, tax relief waste pickup for the elderly and disabled and community contracts. He stated Mr. Carmody presented cuts that were agreed upon or compromised to. He further stated there was a consensual add-back of the tax relief waste collection. It was generally agreed to defer approval of the minutes of April 23, 2014, until July 23, 2014. J J 14-428 06/25/14 1.B. MAY 28, 2014 REGULAR MEETING On motion of Mr. Warren, seconded by Ms. Jaeckle, the Board approved the minutes of May 28, 2014, as submitted. Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 2. COUNTY ADMINISTRATOR'S COMMENTS 2.A. COUNTY ADMINISTRATOR'S REPORT • Mr. Stegmaier welcomed and introduced Ms. Susan Pollard, the county's new Director of Public Affairs. He stated Ms. Pollard brings to the position 20 years of public communications and media experience, including government experience with the Commonwealth of Virginia and the City of Chesapeake. • Mr. Stegmaier announced that last month the county welcomed 19 graduate and undergraduate students to the county's 2014 summer internship program. He stated the goal of the internship program is to provide students with a unique opportunity to learn how local government departments and agencies operate. Ms. Jaeckle noted businesses' most successful recruiting tool for hiring is internship programs. In response to Ms. Jaeckle's comment, Mr. Stegmaier stated a recent article in The Wall Street Journal pointed out a quality summer internship trumps both university and class rank when applying for jobs. • Mr. Stegmaier reported this past weekend the county welcomed nearly 2,000 bicyclists for the annual Bike Virginia tour. He stated this six-day bicycling festival travels around the state and had a significant positive financial impact for the county. • Mr. Stegmaier announced recently the county sold approximately $60.6 million in general obligation bonds at a true interest cost of 2.1 percent on the total offering. He stated the county received seven bids and saw competitive pricing demonstrating strong interest in the county's quality credit. • Mr. Stegmaier was pleased to report that earlier this month the Chesterfield's Sheriff's Office received the Employer Support of the Guard and Reserve (ESGR) Pro Patria Award. He stated this award is presented annually by each ESGR State Committee to one small, one large and one public sector employer in their state. He then introduced Sheriff Leonard, who shared a brief video presentation with the Board. Mr. Holland expressed appreciation to the Sheriff's Office for having such tremendous influence on the county and the state. 14-429 06/25/14 • Mr. Stegmaier reported on the Governor's announcement of the Shandong Tranlin Paper Company's $2 billion investment in Chesterfield County. He stated this investment will bring 2,000 jobs and is the largest economic development announcement ever made in the county and a testament that Chesterfield County is a desirable location for businesses from around the world. Mr. Holland stated this investment will have a remarkable economic impact on the county. He expressed his appreciation to the Asian-American community for their immersion. Ms. Jaeckle stressed the importance of revitalization and economic development the investment will bring to the county and the Bermuda District. She highly praised Mr. Stegmaier for his involvement with the private sector relative to the project. 3. BOARD MEMBER REPORTS Mr. Elswick announced the Matoaca District and the Bermuda District held a joint community meeting on June 24th regarding the recreational use of explosive targets. He expressed his appreciation to the Police Department, Fire Department and County Attorney's Office for their efforts relative to the matter. He wished Mr. Nathan Kirby, son of Mr. Joe Kirby, Capital Projects Field Coordinator, and the University of Virginia baseball team good luck in the College World Series game this evening. Mr. Warren commented on the USA soccer team and their advancement to the next round of games in the FIFA World Cup Championship. Mr. Holland announced he recently made a visit to the county's Juvenile Detention Center and met with students of the Chesterfield Life Changing Academy. He introduced Ms. Marilyn Brown, Director of the Juvenile Detention Center and Mr. Darren Jones, program administrator, who shared information to the Board relative to the program's services. Mr. Holland also announced that the Dale District held community meetings on May 20th and June 2nd regarding cash proffers. 4. REQUESTS TO POSTPONE AGENDA ITEMS AND ADDITIONS, DELETIONS OR CHANGES IN THE ORDER OF PRESENTATION On motion of Mr. Warren, seconded by Ms. Jaeckle, the Board replaced Item 8.C.1., Resolution Recognizing Firefighter I Lloyd E. Padgett, Fire and Emergency Medical Services Department Upon His Retirement, and moved it to follow Item 5.C.; replaced Item 8.C.11., Acceptance of a Parcel of Land Along Ironbridge Road from Kroger Limited Partnership; and replaced Item 8.C.13., Approval of Performance Agreement and First Amendment to Performance Agreement Between the County, the Economic Development Authority and Evonik Goldschmidt Corporation. Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. J J J 14-430 06/25/14 5. RESOLUTIONS 5.A. RECOGNIZING MRS. ERNESTINE M. TYLER, GENERAL SERVICES, BUILDINGS AND GROUNDS DIVISION, UPON HER RETIREMENT Mr. Key introduced Mrs. Ernestine M. Tyler, who was present to receive the resolution. On motion of Mr. Holland, seconded by Mr. Warren, the Board adopted the following resolution: WHEREAS, Mrs. Ernestine M. Tyler began her service with the Chesterfield County Department of General Services on January 26, 1981, as a part-time custodian in the Buildings and Grounds Division; and WHEREAS, in July 1981, Mrs. Tyler was promoted to a full-time custodian; and WHEREAS, Mrs. Tyler demonstrated her commitment to the county and contributed to a positive work environment; and WHEREAS, Mrs. Tyler was always willing to assist the members of the team by sharing her knowledge and skills; and WHEREAS, Mrs. Tyler performed her daily tasks with minimum supervision and promptly handled customer concerns; and WHEREAS, Mrs. Tyler always displayed a positive attitude when responding to the concerns of customers; and WHEREAS, Mrs. Tyler presented a positive image while interacting with internal and external customers in the county; and WHEREAS, Mrs. Tyler organized and prioritized tasks to ensure assignments were completed in a timely manner; and WHEREAS, Mrs. Tyler strived to improve job efficiency in serving citizens and employees; and WHEREAS, Mrs. Tyler was instrumental in utilizing environmentally-friendly housekeeping practices; and WHEREAS, Mrs. Tyler provided quality service while adhering to ethical standards of behavior; and WHEREAS, Mrs. Tyler supported the county goals, values and objectives through teamwork and professionalism. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 25th day of June 2014, publicly recognizes the outstanding contributions of Mrs. Ernestine M. Tyler, expresses the appreciation of all residents for her service to Chesterfield County, and extends appreciation for her dedicated service to the county and congratulations upon her retirement, as well as best wishes for a long and happy retirement. AND, BE IT FURTHER RESOLVED that a copy of this resolution be presented to Mrs. Tyler, 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. 14-431 06/25/14 Mr. Holland presented the executed resolution to Mrs. Tyler, commended her for her dedication and many years of service to the county, and wished her a long and enjoyable retirement. Mr. Stegmaier presented Mrs. Tyler with an acrylic statue and county watch, congratulated her on her retirement and expressed appreciation for her outstanding service to the county. Mrs. Tyler, accompanied by her husband, expressed her appreciation to the Board for the special recognition. 5.B. RECOGNIZING CAPTAIN WILLIAM E. SMITH, JR., FIRE AND EMERGENCY MEDICAL SERVICES DEPARTMENT, UPON HIS RETIREMENT Chief Senter introduced Captain William E. Smith, Jr., who was present to receive the resolution. On motion of Mr. Holland, seconded by Mr. Elswick, the Board adopted the following resolution: WHEREAS, Captain William E. Smith, Jr. will retire from the Chesterfield Fire and Emergency Medical Services Department, Chesterfield County, on July 1, 2014; and WHEREAS, Captain Smith attended Recruit School #9 in 1978 and has faithfully served the county for nearly 36 years in various assignments, including as a firefighter at the Bon Air, Chester, Dutch Gap, Buford, Manchester, Matoaca and Dale Fire and EMS Stations; as a lieutenant at the Chester, Bensley, Ettrick, and Dutch Gap Fire and EMS Stations; and as a captain at the Winterpock and Centralia Fire and EMS Stations; and WHEREAS, Captain Smith was the first Advanced Life Support provider to be hired by Chesterfield Fire and EMS and, in 1985, was selected as one of the original flight paramedics for the EMS Med-Flight program; and WHEREAS, Captain Smith joined the department's SCUBA rescue team in 1981, and was an original member of the department's Technical Rescue Team, serving on both until his retirement, and he also served on the department's volunteer recruitment and retention workgroup; and WHEREAS, Captain Smith has served as the department staffing officer from 2007 to 2014, managing the daily apparatus staffing, as well as the management of leave for all of Fire and EMS members; and WHEREAS, Captain Smith was recognized with a Unit Citation and a Citation of Merit, a Heroism Award from Firehouse Magazine, as well as being named Firefighter of the Year from the Professional Insurance Agents Association of Virginia, for his actions on June 3, 1987, when he provided patient care to a county resident who had been severely burned in a fiery vehicle accident on Chippenham Parkway, placing his own life at risk when he entered and remained with the victim inside the diesel fuel saturated vehicle for several hours, until the victim was successfully rescued; and J J J 14-432 06/25/14 WHEREAS, Captain Smith was recognized with a total of four EMS Life Save awards for saving lives as a result of cardiac arrests in 1986 and 2004, an overdose in 1992, and an automobile accident in 1995; and WHEREAS, Captain Smith responded with a team of Chesterfield Fire and EMS personnel to South Carolina, in 1989, to assist with recovery operations after Hurricane Hugo; and WHEREAS, Captain Smith was recognized with unit citations in 1994 for an elevated rescue at Dominion Virginia Power Dutch Gap Station, as well as a dive team response for an overturned canoe in the Appomattox River; and WHEREAS, Captain Smith was recognized with Unit Citation awards for multiple dive team responses, including rescues as a result of flooding that occurred on August 30, 2004, during Tropical Storm Gaston; and WHEREAS, Captain Smith was also recognized with a Unit Citation award for a response on November 2, 2011, to the Swift Creek Reservoir to assist in stabilizing a downed aircraft, where he and other members of the dive team worked to protect the county's drinking water supply. NOW, THEREFORE BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 25th day of June 2014, publicly recognizes the contributions of Captain William E. Smith, Jr., expresses the appreciation of all residents for his service to the county, and extends appreciation for his dedicated service and congratulations upon his retirement. AND, BE IT FURTHER RESOLVED that a copy of this resolution be presented to Captain Smith, 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 Captain Smith, commended him on his dedication and service to the county, and wished him a long and enjoyable retirement. Mr. Elswick expressed his gratitude for Captain Smith's dedicated service to the county and wished him well in his retirement. Mr. Stegmaier presented Captain Smith with an acrylic statue and county watch, congratulated him on his retirement and expressed appreciation for his outstanding service to the county. Captain Smith, accompanied by members of his family, expressed his appreciation to the Board for the special recognition. 14-433 06/25/14 5.C. RECOGNIZING MAJOR TERRY L. PATTERSON, POLICE DEPARTMENT, UPON HIS RETIREMENT Col. Dupuis introduced Major Terry L. Patterson, who was present to receive the resolution. On motion of Mr. Holland, seconded by Mr. Elswick, the Board adopted the following resolution: WHEREAS, Major Terry L. Patterson will retire from the Chesterfield County Police Department on July 1, 2014, after providing an extraordinary 42 years of quality service to the citizens of Chesterfield County; and WHEREAS, Major Patterson began his career with Chesterfield County in 1972 in the Department of Utilities; and WHEREAS, Major Patterson has faithfully served the county in the capacity of Maintenance Technician, Dispatcher, Patrol Officer, Investigator, Detective, Detective First Class, Sergeant, Lieutenant, Acting Captain, Captain and Major; and WHEREAS, Major Patterson also served as a Field Training Officer, Crime Scene Technician, Breathalyzer Operator, General Instructor, and as a member of the Special Weapons and Tactics Team; and WHEREAS, during his tenure with the Chesterfield County Police Department, Major Patterson served diligently in the Uniform Operations Bureau, Investigations Bureau, Office of Professional Standards, and Operational Support Bureau; and WHEREAS, Major Patterson and fellow members of the Investigations Bureau were recognized with a Certificate of Achievement for their actions in the successful resolution of a homicide case, after more than 50 felony warrants were served to nine suspects due to the team's quick response, communication, teamwork and persistence to detail; and WHEREAS, Major Patterson was the recipient of a Richmond Retail Merchants Association Valor Award for his heroic efforts as he entered a burning residence and led a young lady and her infant daughter to safety; and WHEREAS, Major Patterson has been the recipient of numerous Chief's Commendations for his experience, persistence to detail, investigative skills and dedication in the resolutions of multiple cases; and WHEREAS, Major Patterson was the recipient of a Mason T. Chalkley Award for Excellence; and WHEREAS, Major Patterson has made significant contributions to many committees and boards during his exemplary career, including the Chesterfield County Police Detective's Assessment Board, Police Training Officers Assessment Board, Police Quality Council, Accident Review Board and the John Tyler Community College Advisory Committee; and J J J 14-434 06/25/14 WHEREAS, Major Patterson is recognized for his professional attitude, excellent communications and human relations skills and his attention to detail, which he has utilized within the Police Department and in assisting citizens of Chesterfield County; and WHEREAS, Major Patterson has received numerous letters of commendation, thanks and appreciation during his career from the citizens of Chesterfield County for service rendered; and WHEREAS, Major Patterson has provided the Chesterfield County Police Department with many years of loyal and dedicated service and consistently served as an outstanding role model during his career; and WHEREAS, Chesterfield County and the Board of Supervisors will miss Major Patterson's diligent service. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 25th day of June 2014, publicly recognizes Major Terry L. Patterson, 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 Major Patterson, 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 Major Patterson, commended him on his dedication, efficiency and service to the county, and wished him a long and enjoyable retirement. Ms. Jaeckle expressed her appreciation to Major Patterson for his many years of loyal and committed service to the county. Mr. Elswick expressed his gratitude for Major Patterson's dedicated service to the county and wished him well in his retirement. Mr. Stegmaier presented Major Patterson with an acrylic statue and county watch, congratulated him on his retirement and expressed appreciation for his outstanding leadership and service to the county. Major Patterson expressed his appreciation to the Board for the special recognition. 5.D. FIREFIGHTER I LLOYD E. PADGETT, FIRE AND EMERGENCY MEDICAL SERVICES DEPARTMENT Chief Senter introduced Firefighter I Lloyd E. Padgett, who was present to receive the resolution. On motion of Mr. Holland, seconded by Mr. Warren, the Board adopted the following resolution: WHEREAS, Firefighter Lloyd Elden Padgett retired from the Chesterfield Fire and Emergency Medical Services Department, Chesterfield County, on May 1, 2014; and 14-435 06/25/14 WHEREAS, Firefighter Padgett began as a part-time equipment mechanic in the fire vehicle maintenance shop in January 1988; and WHEREAS, Firefighter Padgett began his career as a firefighter in Recruit School #20 in May 1989, and has faithfully served the county for 25 years in various assignments as a firefighter, including the Matoaca, Airport, Manchester, Buford, Midlothian, and Bon Air Fire and EMS Stations; and WHEREAS, Firefighter Padgett served as a Firefighter/IMT Specialist in the Information Technology Management Unit, and provided exemplary support as the TeleStaff Administrator; and WHEREAS, Firefighter Padgett served as a Fire and Life Safety Public Educator as Pumper the Clown; and WHEREAS, Firefighter Padgett was recognized with an Emergency Medical Services award for the exemplary service provided on-scene of a motor vehicle accident in December 1992; and WHEREAS, Firefighter Padgett was recognized with a total of four EMS Unit Citation awards for the exemplary service provided to cardiac arrest patients in June 1996, June 2008, July 2008 and December 2011; and WHEREAS, Firefighter Padgett was recognized with an EMS Unit Citation award for the exemplary service provided on- scene for a stab wound to the chest in October 2009; and WHEREAS, Firefighter Padgett was recognized with an EMS Life Save award for the exceptional advanced life support initiated to a patient who suffered multiple stab wounds in December 2011; and WHEREAS, Firefighter Padgett also has received numerous thank you letters for his services from the residents of Chesterfield County. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 25th day of June 2014, publicly recognizes the contributions of Lloyd E. Padgett, Firefighter I, expresses the appreciation of all residents for his service to the county, and extends appreciation for his dedicated service and congratulations upon his retirement. AND, BE IT FURTHER RESOLVED that a copy of this resolution be presented to Firefighter Padgett 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 Firefighter Padgett, commended him on his dedication and service to the county, and wished him a long and enjoyable retirement. J J J 14-436 06/25/14 Mr. Elswick expressed his gratitude for Firefighter Padgett's dedicated service to the county and wished him well in his retirement. Mr. Stegmaier presented Firefighter Padgett with an acrylic statue and county watch, congratulated him on his retirement and expressed appreciation for his outstanding service to the county. Firefighter Padgett expressed his appreciation to the Board for the special recognition. 6. WORK SESSIONS 6.A. REVIEW OF 2014 GENERAL ASSEMBLY LEGISLATION Mr. Mincks summarized the 2014 General Assembly legislative changes requiring Board action, as well as optional legislative changes permitting Board action, and provided staff's recommendations for the legislative changes. In response to Mr. Warren's question regarding HB 268, Mr. Mincks stated staff recommends that the matter be referred to the Planning Commission for its recommendation and that the Board hold a public hearing as required by state law on any ordinance amendments that may be required. On motion of Mr. Elswick, seconded by Mr. Warren, the Board referred to the Planning Commission for recommendation legislative changes relative to: amending the County Code to ensure that the County is properly regulating agricultural operations. Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. In response to Mr. Warren's question regarding HB 193, Mr. Mincks stated the General Assembly previously established rules that permitted, on an extremely limited basis, the participation of a member of a governing body in a meeting by "electronic communication" from a remote location. He further stated legislation was passed this year mandating that such "remote participation by a member in a public meeting can only occur if the governing body adopts a written policy allowing for and governing such participation, which must include an approval process for such participation subject to the restrictions imposed by state law." In response to Mr. Elswick's question, Mr. Mincks stated county-wide emergencies would fall into the category of circumstances relative to the need for electronic communication. On motion of Mr. Holland, seconded by Mr. Warren, the Board directed the County Attorney to draft a proposed policy for the Board's consideration relative to governing participation of Board members in meetings by electronic communication. Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 14-437 06/25/14 In response to Ms. Jaeckle's question regarding HB 733, Mr. Mincks stated the General Assembly has enacted legislation allowing for localities to expand their existing unlawful parking ordinances to include parking that blocks or prevents the use of curb ramps, fire hydrants and mailboxes. Ms. Jaeckle expressed concerns relative to the nuisance of issuing fines for parking that blocks mailboxes. Mr. Mincks stated if a police officer observed a violation he would have the authority to issue a ticket to the individual blocking a mailbox. He noted the Board could consider one or more or none of the violations, at the public hearing. Mr. Warren expressed concerns relative to local government getting involved in neighborhood activities. Mr. Gecker inquired if certain enforcements were necessary or legitimate. Mr. Mincks noted the Board is not required to set a public hearing. Ms. Jaeckle stated she does believe it would be necessary to set a public hearing. In response to Ms. Jaeckle's question, Mr. Mincks stated the General Assembly has expanded the ability for local government to enforce certain violations; however, it did not come on the heels of any county-reported problems. In response to Mr. Elswick's question, Mr. Mincks stated parking violations regarding fire hydrants are covered in an existing county ordinance. The Board took no action relative to HB 733. In regards to HB 44, Mr. Mincks stated the General Assembly periodically permits localities to "separately classify" certain categories of personal property which then allows the locality to set a different tax rate (but not to exempt for taxation altogether) property falling within that category. He further stated this year, the General Assembly has given localities the authority to separately classify one motor vehicle owned or leased by a uniformed member of the Virginia Defense Force. He stated staff recommends that the item be referred to the Budget and Management Department to study the fiscal impact of the amendment and report back to the Board. He noted the report should also include the impact of "separately classifying" vehicles owned by disabled veterans which the Board is also authorized to do. In response to Ms. Jaeckle's question, Mr. Mincks stated action on the item is not required. Ms. Jaeckle and Mr. Gecker expressed concerns relative to separating certain classifications. In response to Mr. Elswick's question, Mr. Mincks stated staff recommends that the Board refer HB 44 to Budget and Management to study the fiscal impact and report back to the Board. J J J 14-438 06/25/14 Mr. Warren and Mr. Holland recommended referring the item to the Budget and Management Department to study the fiscal impact of the amendment. Ms. Jaeckle recommended that staff identify where cuts would be made if the Board were to approve a separate classification for the Virginia Defense Force and adopt a decreased tax rate for classification. She stated the reductions of various classifications are becoming a permanent growing liability. Mr. Mincks stated classification would affect the next tax year and a separate tax rate could be set with flexibility. In response to Mr. Elswick's question, Mr. Carmody stated there are several "carve outs" for treatment of taxation on personal property. Mr. Elswick recommended that staff include in the report a complete list of existing separate tax classifications for both real estate and personal property. Mr. Decker recommended that staff study the fiscal impact of separately classifying for personal property taxation one vehicle owned or leased by a uniformed member of the Virginia Defense Force. He stated many costs are more appropriately born for different levels of government that get passed down, either voluntarily or involuntarily to the localities. He further stated funding for veterans of armed services should be dealt with at the federal level, as opposed to the local level. Mr. Holland made a motion for the Board to refer HB 44 to Budget and Management to study the fiscal impact and report to the Board by September 30, 2014, for consideration to amend the County Code to separately classify for personnel property taxation one vehicle owned or leased by a uniformed member of the Virginia Defense Force. Mr. Mincks noted under the program there is no requirement that the vehicle tax would be reduced in rate and the vehicle can be used purely for personal use. Mr. Warren seconded Mr. Holland's motion. Mr. Decker stated he does not plan to vote in favor of the recommendation. He expressed concerns with the possibility of significant lobbying by groups on the state list. Mr. Holland called for a vote on his motion, seconded by Mr. Warren, for the Board to refer HB 44 to Budget and Management to study the fiscal impact and report to the Board by September 30, 2014, for consideration to amend the County Code to separately classify for personnel property taxation one vehicle owned or leased by a uniformed member of the Virginia Defense Force; identify where cuts would be made if the Board were to approve a separate classification for the Virginia Defense Force and adopt a decreased tax rate for the classification; and include in the report a complete list of existing separate tax classifications for both real estate and personal property. Ayes: Holland, Elswick, Warren. Nays: Jaeckle and Decker. 14-439 06/25/14 In regards to HB 77, Mr. Mincks stated until this year, most localities (including Chesterfield) were only permitted to enforce their weed ordinance on vacant property. He further stated the 2014 General Assembly enacted legislation allowing localities to also enforce weed ordinances on occupied property. He stated staff recommends that the Board set a public hearing for the August 27, 2014 Board meeting to consider an ordinance amendment adding occupied property to the weed ordinance. On motion of Mr. Holland, seconded by Ms. Jaeckle, the Board set April 27, 2014, as the date for a public hearing to consider amending the County Code to allow the county to enforce its weed ordinance on occupied property. Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 6.B. ANNUAL REVIEW OF CASH PROFFERS Mr. Carmody stated the Board is requested to consider policy revisions and a maximum cash proffer amount per dwelling unit for FY2015. He further stated the calculated cost for FY2015 is $21,261 per dwelling unit, which is 7.7 percent higher than last year's calculated cost. He stated the Berard has the option to establish a maximum cash proffer amount up to the calculated cost of $21,261. He further stated staff's intention with the FY2015 update is to better align the cash proffer policy with strategies in the recently adopted Comprehensive Plan, while at the same time, preserve a revenue source that partially offsets the cost of providing capital facilities arising from new development. He stated cash proffers, in conjunction with general tax dollars, are an important revenue used .to help pay for the costs of capital improvements in the County's Public Facilities Plan. He stated staff has evaluated several variables as discussed and requested during the FY2014 cash proffer update, including: revitalization, differentiation by housing type and location, transportation calculations, quality standards and policy flexibility. In response to Ms. Jaeckle's question regarding transportation calculations, Mr. Smith stated the model does build in origin and destination, and takes into account different attractions. He further stated another aspect assumed in the model is a certain percentage of actual commercial/retail generation which mitigates the overall impact. He noted the model does make certain assumptions. Mr. Carmody stated the current model incorporates all trips generated including single-family, multi-family and commercial. He further stated there is a potential to credit on the roads portion of multi-family calculation, when coupled with specific criteria, based on the notion that they generally produce fewer trips per day. In response to Ms. Jaeckle's comment regarding quality of construction and amenities, Mr. Carmody stated quality is an expectation in the community and makes our neighborhoods more viable, with longer lifespans. He noted there is no recommendation for reductions, due to quality aspects. 14-440 06/25/14 J J J In response to Mr. Elswick's question, Mr. Carmody stated 40 percent of the lots approved in all zoning cases in the county are approved at a cash proffer amount that was less than the maximum cash proffer in place at the time the case came before the Board. In response to Ms. J cases requesting cash that, for the purpose developer was offering included in the total proffers. aeckle's question regarding upcoming proffer relief, Mr. Carmody stated of the presentation, cases where a infrastructure in lieu of cash were of those seeking relief from cash Ms. Jaeckle requested information from staff relative to the average sales price of homes for the past several years. In response to Ms. Jaeckle's question, Mr. Carmody stated 1,500 certificates of occupancy were issued in FY2013, 852 of which actually paid cash proffers. He further stated Magnolia Green is not included within the data. In response to Ms. Jaeckle's question regarding transportation funding, Mr. Carmody stated the primary driver of change is roads, mostly due to an increased number of projects in the Revenue Sharing Program. He further stated Chesterfield has not received any sizable increases in new construction funding for roads. In response to Mr. Elswick's question, Mr. Carmody stated the $43 million figure relative to relief sought/potential loss from cases scheduled between June and August is based on what the applicant is seeking through various conditions. He then stated after the work session, staff is recommending that the Board take actions that fall into two main categories: considering cash proffer credits for revitalization projects on a case-by-case basis; and considering cash proffer credits for unique multi-family projects when coupled with other criterion. He noted the Board can set a maximum cash proffer up to the calculated amount; however, staff would recommend the maximum cash proffer remain at $18,966, the amount currently in place. He stated keeping the maximum at $18,966, for the sixth consecutive year, coupled with a subsequent four-year fixed cash proffer concept adopted by the Board, essentially reduces the cash proffer from higher amounts that could have been established over the cumulative ten-year time period. He noted state law allows the dollar amount of previously accepted cash proffers to be adjusted annually based on changes in the Marshall and Swift Building Cost Index, which has increased 3.8 percent since last year. He stated the Cash Proffer Policy automatically adjusts the cash proffer amount of previously approved cases by the amount of change in the Marshall and Swift Building Cost Index, reflective of changes in building construction costs, on an annual basis. He noted previously approved cases with proffered conditions allowing for no change over a four-year period would not be increased this year. Mr. Elswick stated the Board based on what is presented. He revisions to policy language the development community. He to leave the verbiage as it is hammers out every zoning case expressed concerns relative to that could ultimately confuse stated his preference would be currently written. 14-441 06/25/14 Ms. Jaeckle stated there is always room in the cash proffer policy for staff to take a look at each case and use their professional opinion relative to long-term impacts of development to the county. She further stated the Planning Commission is adamant that the Board of Supervisors needs to put in order an improved policy. She noted that Henrico County does not pay cash proffers. She stated she does not believe proffers pay for growth. In response to Ms. Jaeckle's comments, Mr. Elswick stated he does not believe the policy, as it is written, gives the Planning Commission any more guidance or recommendations on how to move forward. Ms. Jaeckle expressed concerns relative to the concept of an evaluation matrix. Mr. Gecker stated he would not adopt the changes being presented by staff, not because they do not represent a decent work product, but because the headed direction is not favorable. He further stated the proffers have become a substitute for the Board looking at the true impact of a development on the community. He stated because there is no locational criteria within the proffer policy, a home in the far southwest of the county is considered the same in terms of capital impact as a home within the growth ring. He further stated he understands the computational difficulties relative to the confines of the policy; however, unless the Board gets serious about a locational policy from what staff does and does not recommend, then the Board is faced with the problem of the cost of growth outstripping the ability of the proffer system to account for it. He stated the county has enough multi-family units to look across the community and decide what locations work and do not work and determine which multi-family units are feeding into a particular school. He further stated there is a detrimental effect on the school from having a more transient nature relative to multi-family product. He expressed concerns relative to the computational methodology used to determine student generation. He stated the Board is far away from producing a policy that makes sense in terms of the longer-term planning on the county. He further stated he would like to see some efforts made to begin to list out locational criteria that makes sense relative to where new development is favorable. Mr. Warren read the following statement: "The Planning Commission foresaw that if the Board did not do something the county would have a tax rate equivalent to many cities in Virginia to keep up with the rising cost that development brings. I have always taken a position that new development should pay its own way. Now, that could mean a lot of things, and a lot of discussion has been had on that subject. But, I also believe that you have to have a standard that you go by in order to make it clear to every developer and every developer's attorney and every citizen that we have figured out what it costs for new development, and we rely heavily on our staff to come up with that figure. That figure changes from year to year and we have the option every spring, when this cash proffer system comes up, of adjusting it. The cash proffer system is based right now on a mathematical standard that is quantitative in nature, and not based on any J J 14-442 06/25/14 qualitative or .political decisions. When you come to us and recommend $18,000 plus or $21,000 plus, it is based on a mathematical calculation that everybody is aware of and we have confidence that system has worked. I remember when we had tremendous debate as to how we come up with that mathematical figure, going back to the 1990's. The cash proffer system, in my personal opinion, is that it has stood the test of time and in many counties has been upheld in court as a legitimate means of balancing new development with a cost of new development. Let's face it, every time we reduce the full cash proffer on a case, regardless of the reason, and believe me there are very clever attorneys that find and get paid a lot of money to come before us in order to influence our decisions, we burden the existing taxpayers all over Chesterfield County to pick up the tab for some new developer's new development in Chesterfield County, and I think that is wrong. That is why there was tremendous pressure this year. If we had held the cash proffer quantitative amount last year or in the last three years, we would not have raised taxes this time by one cent, it would have been unnecessary. In my opinion, the current cash proffer system works. I would like to see us continue it at least at the current level; however, I do not think we should change the current standards that are clear and consistent and have been in existence for a very long time and will continue to be debated. We live in a democracy, it is a wonderful system, you can have boards change in the future based on elections and you can have different attitudes coming about as a result of that, but I hope that this Board continues to operate on the basis that new development should pay its own way and start with a quantitative maximum cash proffer so everybody is familiar with what our standard is." In response to Mr. Warren's comments, Ms. Jaeckle stated the standard is really one homeowner subsidizing another homeowner's cost of development. She further stated when you are in an area that is not within a growth ring, the cost per house is probably more around $60,000, but because you have the houses on the inner ring paying $20,000, those homeowners are subsidizing the real costs of the houses built on the outer ring. She stated when the cash proffer policy was instituted, that was a time when the entire county was going through explosive growth and the county really had to do something to catch up with the infrastructure. She further stated she never thought an analysis was done as to what rate of growth can be absorbed and build the infrastructure. She stated the high number of transient rental properties impacts schools and operating costs. Mr. Holland stated he does not agree with the policy as articulated by staff and it gives more confusion to the Planning Commission. He noted he has not heard from a Planning Commissioner in regards to what is recommended. He directed staff to take a look at other tools relative to revitalization and mixed-use projects. He stated he is in favor of an increase in the cash proffer amount; however, he will support other Board members if there is a majority vote to maintain the current amount. He stressed the importance of ensuring the public that each case will be treated fairly and on an individual basis. He reiterated his recommendation to staff to take a look at other tools for revitalization and mixed-use projects, including what other localities without cash proffers are doing and report back to the Board. 14-443 06/25/14 Ms. Jaeckle stated she hoped the Board had moved beyond just looking at the cash being accumulated today. She inquired about details of the work that staff has done related to multi-family developments and cash proffers. In response to Ms. Jaeckle's comments, Mr. Carmody stated he would provide Board members with details particularly related to multi-family housing regarding the success of the Comprehensive Plan that has the beginnings of language relative to design for regional mixed-use and community mixed-use. In regards to the current cash proffer amount, Mr. Gecker stated the arithmetic computation provides the illusion of precision, as evidenced by the road figures. He further stated road figures have changed due to anticipated funding from the state. He stated periods of prosperity follow stability in government; the private sector will adapt to the rules as long as those rules are well-known and remain stable. He further stated one of the reasons he favors maintaining the current proffer amount is the idea of stability and avoiding unintended consequences. Mr. Elswick made a motion, seconded by Mr. Warren, for the Board to maintain the current maximum cash proffer per dwelling unit for FY2015 of $18,966. Ms. Jaeckle inquired whether the policy will include staff's flexibility relative to reviewing and assessing future projects. In response to Ms. Jaeckle's question, Mr. Carmody stated he hopes the Board has recognized, since the September meeting, some variation in staff reports. He further stated the policy does allow for flexibility and staff will demonstrate unique circumstances. As an example, Ms. Jaeckle stated the recent development of the Tralin Company off Willis Road will offer the opportunity for revitalization of the Jefferson Davis Corridor and it would greatly benefit the county if a developer did decide to build homes in that area. She further stated a proffer at the current amount would be almost impossible to maintain by the developer relative to the quality of design standards. In addition to Ms. Jaeckle's request, Mr. Gecker stated it would be helpful to have the idea that something is unique enough or important enough to the Board to be backed by some real data. He further stated there is enough multi-family in the county and we have seen what has worked long-term and what has not worked long-term to have a good idea of the planning precepts that ought to be put in place in any proposed new subdivision. He stated certain design criteria must be established and incorporated into zoning cases, so that the long-term development retains its value. Mr. Holland called for a vote on the motion made by Mr. Elswick, seconded by Mr. Warren, for the Board to maintain the current maximum cash proffer per dwelling unit for FY2015 of $18, 966 . Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. J J J 14-444 06/25/14 7. DEFERRED ITEMS There were no Deferred Items at this time. 8. NEW BUSINESS 8.A. APPOINTMENTS Mr. Warren made a motion, seconded by Mr. Elswick, for the Board to suspend its rules to allow simultaneous nomination/ appointment/reappointment of members to the Richmond Metropolitan Transportation Authority Board of Directors and the Camp Baker Management Board. Ayes: Holland, Elswick, Warren and Decker. Nays: Jaeckle. Ms. Jaeckle stated she did not have an opportunity to review the information beforehand. Mr. Mincks clarified that the Board can only nominate individuals at this meeting, not appoint, because the vote on the motion to suspend the rules was not unanimous. 8.A.1. RICHMOND METROPOLITAN TRANSPORTATION AUTHORITY BOARD OF DIRECTORS Ms. Jaeckle nominated Mr. Daniel Gecker to serve on the Richmond Metropolitan Transportation Authority Board of Directors. She stated Mr. Decker is very knowledgeable and would be a good fit on the Board. Mr. Decker declined Ms. Jaeckle's nomination. On motion of Mr. Warren, seconded by Mr. Elswick, the Board nominated Mr. James M. Holland to serve on the Richmond Metropolitan Transportation Authority Board of Directors. Ayes: Holland, Elswick, Jaeckle,"Warren and Decker. Nays: None. Mr. Warren nominated Mr. Charles R. "Dick" White and Mr. Gregory Whirley to serve on the Richmond Metropolitan Transportation Authority Board of Directors. Mr. Holland nominated Mr. Bill Woodfinn to serve on the Richmond Metropolitan Transportation Authority Board of Directors. (It is noted that the Board will consider the appointment of the nominees at its July 23, 2014 meeting.) 8.A.2. CAMP BAKER MANAGEMENT BOARD On motion of Mr. Warren, seconded by Mr. Elswick, the Board nominated Mr. James Lumpkin and Mr. Robert Mills to serve on the Camp Baker Management Board for reappointment. Ayes: Holland, Elswick, Jaeckle, Warren and Decker. Nays: None. (It is noted that the Board will consider the reappointment of the nominees at its July 23, 2014 meeting.) 14-445 06/25/14 8.B. STREETLIGHT INSTALLATION APPROVAL On motion of Ms. Jaeckle, seconded by Mr. Gecker, the Board approved the following streetlight installation in the Bermuda District: • In the Ashley Forest subdivision In the vicinity of 14955 Dogwood Ridge Court Cost to install streetlight: $711.47 Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 8.C. CONSENT ITEMS 8.C.1. ADOPTION OF RESOLUTIONS 8.C.l.a. RECOGNIZING LIEUTENANT COLONEL STEVEN N. CAROZZA FOR HIS OUTSTANDING CONTRIBUTIONS TO CHESTERFIELD COUNTY On motion of Mr. Warren, seconded by Ms. Jaeckle, the Board adopted the following resolution: WHEREAS, in June 2012, Lieutenant Colonel Steven N. Carozza arrived at Fort Lee and assumed command of the 16th Ordnance Battalion; and WHEREAS, Lieutenant Colonel Carozza began a formal partnership with the Matoaca District in December 2012, establishing a strong intent to develop community ties through his leadership and personal example, and the widely- used term to describe his program is "Community Connect"; and 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 16th Ordnance Battalion have provided literally thousands of hours of community service by way of more than 100 successful community engagement events; and WHEREAS, these efforts ranged throughout not only the Mataoca District, but across all of Chesterfield County in support of the following organizations and events: the Chesterfield Chamber of Commerce's annual Celebration of the Vine event; the Chesterfield Historical Society; Chesterfield Humane Society; Sitter and Barfoot Veterans Care Center; Habitat for Humanity; Chesterfield Veterans of Foreign Wars; and the Chesterfield Department of Parks and Recreation; and WHEREAS, the Battalion's support to Chesterfield County Public Schools has included support for Beulah, Ettrick, Falling Creek, Harrowgate, Jacobs Road, Matoaca and Elizabeth Scott elementary schools; for Falling Creek, Manchester and Matoaca middle schools; and for Manchester High School; and 14-446 J J 06/25/14 WHEREAS, Lieutenant Colonel Carozza has personally developed very close relationships with several leaders within Chesterfield County, which has allowed him to make the necessary connections to identify additional areas of need throughout the county where outreach efforts could help make a difference; and WHEREAS, Lieutenant Colonel Carozza provided both opportunities and inspiration to his soldiers, enabling them to develop a sense of community and to learn what it means to be a good neighbor; 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 16th Ordnance Battalion, as part of the 59th Ordnance Brigade; and WHEREAS, Lieutenant Colonel Carozza departed his command at Fort Lee on May 28, 2014, and will be assigned to the Joint Staff at the Pentagon as his next duty position; and WHEREAS, Lieutenant Colonel Carozza 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 recognizes the exemplary achievements and civic service of Lieutenant Colonel Steven N. Carozza, expresses appreciation on behalf of all Chesterfield County residents, and extends best wishes for his continued success in his career. Ayes: Holland, Elswick, Jaeckle, warren and Gecker. Nays: None. 8.C.l.b. RECOGNIZING COUNTY EMPLOYEES UPON THEIR RETIREMENT 8.C.1.b.2. FIRE AND LIFE SAFETY EDUCATOR JOY F. CHAPMAN, FIRE AND EMERGENCY MEDICAL SERVICES DEPARTMENT On motion of Mr. Warren, seconded by Ms. Jaeckle, the Board adopted the following resolution: WHEREAS, Fire and Life Safety Educator Joy F. Chapman retired from the Chesterfield Fire and Emergency Medical Services Department, Chesterfield County, on February 1, 2014; and WHEREAS, Ms. Chapman has faithfully served Chesterfield County for more than 28 years on various committees, including the initial Critical Incident Stress Debriefing Team, Peer Mediation Team, and Fire Department Human Relations Committee; and WHEREAS, Ms. Chapman represented Chesterfield Fire and Emergency Medical Services on the Department of Fire Programs EEO/AA Council, developing training modules used statewide and nationally; and 14-447 06/25/14 WHEREAS, Ms. Chapman has attained numerous certifications from the Virginia Department of Fire Programs and the National Fire Academy, including Juvenile Fire Setter Intervention Specialist I and II, Public Fire and Life Safety Educator I and II, Hazardous Materials Awareness, Community Risk Management, State EEO/AA Trainer, Injury Prevention Specialist, Course and Development and Design; and WHEREAS, Ms. Chapman is a graduate of Chesterfield County's Total Quality Improvement (TQI) Program; and WHEREAS, Ms. Chapman has developed and presented educational programs for elementary, middle, high schools and adults, and has educated more than 40,000 residents, providing lifesaving fire and life safety lessons; and WHEREAS, Ms. Chapman has provided a superior level of commitment and dedication to her work; and WHEREAS, Ms. Chapman has displayed a helpful, courteous and caring attitude while working with internal and external customers; and WHEREAS, on January 21, 2014, Ms. Chapman received the Liberty Mutual Insurance Company's 2013 Firemark Award, recognizing her outstanding commitment to community service. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes the contributions of Fire and Life Safety Educator Joy F. Chapman, expresses the appreciation of all residents for her service to the county, and extends appreciation for her dedicated service and congratulations upon her retirement. Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 8.C.1.b.3. FIREFIGHTER II CLYDE L. KIRBY, FIRE AND EMERGENCY MEDICAL SERVICES DEPARTMENT On motion of Mr. Warren, seconded by Ms. Jaeckle, the Board adopted the following resolution: WHEREAS, Firefighter Clyde Kirby retired from the Chesterfield Fire and Emergency Medical Services Department, Chesterfield County, on August 1, 2013; and WHEREAS, Firefighter Kirby began volunteering with the Bensley Volunteer Fire Department in 1984, and began his career as a paid firefighter in 1990; and WHEREAS, Firefighter Kirby attended Recruit School #17, and has faithfully served the county for more than 22 years in various assignments, including the Dutch Gap, Bensley, Buford, Airport, Dale, Ettrick, Winterpock, and Rivers Bend Fire and EMS Stations; and WHEREAS, Firefighter Kirby was certified as an Emergency Medical Cardiac Technician in 1991; and WHEREAS, Firefighter Kirby served two years as a member on the SCUBA team; and J J J 14-448 06/25/14 WHEREAS, Firefighter Kirby was recognized for being the first ALS provider to utilize aerosolized Albuterol on a patient; and WHEREAS, Firefighter Kirby was awarded an Emergency Medical Services award in 1990 for lifesaving actions, resulting in the successful cardiac arrest resuscitation; and WHEREAS, Firefighter Kirby was recognized with an EMS Unit Citation in 2003 for his participation in the treatment of a motorcyclist after a violent collision with an automobile; and WHEREAS, Firefighter Kirby was awarded a Unit Citation and a Life Save award in 2005 for the search and rescue of a resident from a structure fire; and WHEREAS, Firefighter Kirby was recognized in 2006 with a Unit Citation award as a result of the exemplary teamwork displayed on-scene where a car was found in a retention pond. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes the contributions of Clyde L. Kirby, Firefighter II, expresses the appreciation of all residents for his service to the county, and extends appreciation for his dedicated service and congratulations upon his retirement. Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 8.C.1.b.4. MR.S. CYNTHIA L. WADE, GENERAL SERVICES, PRINTING CENTER On motion of Mr. Warren, seconded by Ms. Jaeckle, the Board adopted the following resolution: WHEREAS, Mrs. Cynthia L. Wade joined the Chesterfield County Department of General Services on May 2, 1983, as a Switchboard Operator and over the years worked her way up to Customer Operations Supervisor in 2009; and WHEREAS, Mrs. Wade completed the Chesterfield County Employee Leadership Institute and the School of Quality and Continuous Improvement courses; and WHEREAS, Mrs. wade has an outstanding knowledge of printing processes and products and used her skills to produce superior documents, flyers, posters, forms, and other printed materials; and WHEREAS, Mrs. Wade has the knowledge to ensure efficient operation and maintenance of all of the equipment in the Printing Center and possesses excellent mechanical abilities; and WHEREAS, Mrs. Wade worked diligently for six weeks setting up the database that is the foundation of the Printing Center's printing software by listing all types of paper, colors of ink, and bindery services, while also designing the work order form, the delivery tickets and the invoices; and 14-449 - 06/25/14 WHEREAS, Mrs. Wade played an important part in the undertaking of transferring production printing functions from the Information Systems Technology (IST) Department to the Printing Center by working with printing staff and the equipment supplier to transfer data production work from an obsolete impact printer at IST to the Printing Center's equipment; and WHEREAS, Mrs. Wade was a dependable employee who was willing to work whenever needed and could always be depended on when overtime was required; and WHEREAS, Mrs. Wade has contributed cost-saving ideas and improved processes to reduce cycle time and waste; and WHEREAS, Mrs. Wade maintained productive relationships with vendors, service technicians, and internal and external customers; and WHEREAS, Mrs. Wade promoted teamwork among all staff members and was quick to work in any area where she was needed; and WHEREAS, Mrs. Wade received many compliments from customers on her customer service skills noting that she was a great source of information to them. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes the outstanding contributions of Mrs. Cynthia L. Wade, expresses the appreciation of all residents for her service to Chesterfield County, and extends appreciation for her dedicated service to the county and congratulations upon her retirement, as well as best wishes for a long and happy retirement. Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 8.C.1.b.5. CORPORAL GLENN M. CORBIN, POLICE DEPARTMENT On motion of Mr. Warren, seconded by Ms. Jaeckle, the Board adopted the following resolution: WHEREAS, Corporal Glenn M. Corbin will retire from the Chesterfield County Police Department on July 1, 2014, after providing nearly 28 years of quality service to the citizens of Chesterfield County; and WHEREAS, Corporal Corbin has faithfully served the county in the capacity of volunteer Special Police Officer, Patrol Officer, Senior, Master, Career Police Officer and Corporal; and WHEREAS, Corporal Corbin also served as a Field Training Officer, Evidence Technician, General Instructor, Drug Awareness Resistance Education (DARE) Officer and School Resource Officer; and WHEREAS, Corporal Corbin was selected as the 1992 DARE Officer of the Year; and 14-450 06/25/14 WHEREAS, Corporal Corbin ongoing service and dedication in Chesterfield County, often beyond the school day; and received recognition for his to the safety of the children contributing his personal time WHEREAS, Corporal Corbin is recognized for his communications and human relation skills, his professionalism and his teamwork, all of which he has utilized in serving the citizens of Chesterfield County; and WHEREAS, Corporal Corbin has received numerous letters of commendation, thanks and appreciation for service rendered; and WHEREAS, Corporal Corbin 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 Corbin's diligent service. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes Corporal Glenn M. Corbin, 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.6. MS. ARLENE R. LINDSEY, UTILITIES DEPARTMENT On motion of Mr. Warren, seconded by Ms. Jaeckle, the Board adopted the following resolution: WHEREAS, Ms. Arlene R. Lindsey retired from Chesterfield County Utilities Department on June 1, 2014; and WHEREAS, in 1981, Ms. Lindsey began her public service with Chesterfield County working as a Clerk Typist; and WHEREAS, Ms. Lindsey faithfully working for the Senior Clerk Typist/ Specialist, Senior Office serving as an Administrat retirement; and received several promotions while Utilities Department, serving as a Receptionist, Word Processing Assistant, Secretary, and finally ive Secretary from 2002 until her WHEREAS, Ms. Lindsey was nominated as Employee of the Year in 1987 and 1988, and was chosen as the Utilities Department Employee of the Year in 1988; and WHEREAS, in 1997, Ms. Lindsey successfully completed the Process Management training as presented by John Tyler Community College and Chesterfield University; and WHEREAS, in 2001, Ms. Lindsey was recognized for her contributions in assisting all sections of the Utilities Department in developing a comprehensive and complex illustration chart for all of the department's processes; and 14-451 06/25/14 WHEREAS, in 2002, Ms. many hours and her tire department's Water and Procedures Manual in a inclusion on the county's customers; and Lindsey was recognized for the less efforts in preparing the Wastewater Specifications and very user-friendly format for Internet Web page for use by WHEREAS, in 2005, Ms. Lindsey was recognized for suggesting a process improvement to the Site Plan Staff Developers' Meetings that provided better customer service to those attending the weekly meetings; and WHEREAS, Ms. Lindsey focused on and provided world-class customer service, consistently meeting or exceeding expectations by assuring that all customers' needs and expectations were met in an expeditious, courteous and effective manner; and WHEREAS, throughout her career with Chesterfield County, Ms. Lindsey displayed unparalleled dependability, aptitude, good character and values. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes Ms. Arlene R. Lindsey and extends on behalf of its members and the citizens of Chesterfield County, appreciation for 33 years of exceptional service to the county. Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 8.C.1.b.7. MS. NARIMAN M. ELFINO, UTILITIES DEPARTMENT On motion of Mr. Warren, seconded by Ms. Jaeckle, the Board adopted the following resolution: WHEREAS, Ms. Nariman M. Elfino will retire from the Chesterfield County Utilities Department on August 1, 2014; and WHEREAS, Ms. Elfino has served the County of Chesterfield as a faithful employee of the Utilities Department since 1993; and WHEREAS, the expertise developed by Ms. Elfino during her tenure as a drinking water chemist has enabled her to make significant contributions to the operations of the Addison-Evans Water Production and Laboratory Facility; and WHEREAS, Ms. Elfino has initiated new analyses in both ion chromatography and gas chromatography, and has performed admirably during state inspections by always receiving the highest marks for her work; and WHEREAS, Ms. Elfino has been instrumental in ensuring that the analyses performed in ion chromatography and gas chromatography to maintain certification were of the highest quality, and she passed her first performance study after being with the plant less than a month and never failed a parameter in any study she was involved in more than 20 years; and J J J 14-452 06/25/14 WHEREAS, Ms. Elfino is to be commended for her willingness to serve on the Department of Utilities' Quality Council and to eagerly learn new concepts by taking numerous county classes earning certificates and attending many pertinent analytical instrumentation seminars; and WHEREAS, Ms. Elfino always thoroughly monitored the results of drinking water samples and communicated to management any anomalies that could be indicative of a change in drinking-water quality; and WHEREAS, Ms. Elfino has always presented the citizens of Chesterfield County with the highest level of customer service through her excellent analytical skill and timeliness in regards to ensuring the county's drinking water is of outstanding quality; and WHEREAS, Ms. Elfino's professionalism in her work duties is respected by everyone she came in contact with, including customers, colleagues, and management. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors recognizes Ms. Nariman M. Elfino for her outstanding contributions, expresses the appreciation of all residents for her service to the county, and extends appreciation for her dedicated service, congratulations upon her retirement, and best wishes for a long and happy retirement. Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 8.C.l.c. REQUIRED BY THE VIRGINIA RETIREMENT SYSTEM REGARDING EMPLOYER RETIREMENT CONTRIBUTIONS On motion of Mr. Warren, seconded by Ms. Jaeckle, the Board adopted the following resolution required by the Virginia Retirement System: BE IT RESOLVED, that CHESTERFIELD COUNTY (55120) does hereby acknowledge that its contribution rates effective July 1, 2014, shall be based on the higher of a) the contribution rate in effect for FY 2012, or b) eighty percent of the results of the June 30, 2013, actuarial valuation of assets and liabilities as approved by the Virginia Retirement System Board of Trustees for the 2014-16 biennium (the "Alternate Rate") provided that, at its option, the contribution rate may be based on the employer contribution rates certified by the Virginia Retirement System Board of Trustees pursuant to Virginia Code § 51.1-145(I) resulting from the June 30, 2013, actuarial value of assets and liabilities (the "Certified Rate"); and BE IT ALSO RESOLVED that CHESTERFIELD COUNTY (55120) does hereby certify to the Virginia Retirement System Board of Trustees that it elects to pay the following contribution rate effective July 1, 2014: The Certified Rate of 15.290 BE IT ALSO RESOLVED, that CHESTERFIELD COUNTY (55120) does hereby certify to the Virginia Retirement System Board of Trustees that it has reviewed and understands the information provided by the Virginia Retirement System outlining the potential future fiscal implications of any election made under the provisions of this resolution; and 14-453 06/25/14 NOW, THEREFORE, the officers (55120) are hereby authorized and CHESTERFIELD COUNTY to carry out resolution, and said officers of authorized and directed to pay o` Virginia from time to time such sums of CHESTERFIELD COUNTY directed in the name of the provisions of this CHESTERFIELD COUNTY are ~er to the Treasurer of as are due to be paid by CHESTERFIELD COUNTY for this purpose. And, further, the Board adopted the following resolution: BE IT RESOLVED, that Chesterfield County (55120) does hereby acknowledge that the Chesterfield County School Board has made the election for its contribution rate to be based on the employer contribution rates certified by the Virginia Retirement System Board of Trustees pursuant to Virginia Code § 51.1-145(1) resulting from the June 30, 2013, actuarial value of assets and liabilities (the "Certified Rate"); and BE IT ALSO RESOLVED, that Chesterfield County (55120) does hereby certify to the Virginia Retirement System Board of Trustees that it concurs with the election of the Chesterfield County School Board to pay the Certified Rate, as required by Item 467(I) of the 2014 Appropriation Act; and NOW, THEREFORE, the officers of Chesterfield County (55120) are hereby authorized and directed in the name of Chesterfield County to execute any required contract to carry out the provisions of this resolution. In execution of any such contract which may be required, the seal of Chesterfield County, as appropriate, shall be affixed and attested by the Clerk. And, further, the Board adopted the following resolution: BE IT RESOLVED, that Chesterfield County (55120) does hereby acknowledge that the Appomattox Regional Governor's School has made the election for its contribution rate to be based on the employer contribution rates certified by the Virginia Retirement System Board of Trustees pursuant to Virginia Code § 51.1-145(1) resulting from the June 30, 2013, actuarial value of assets and liabilities (the "Certified Rate"); and BE IT ALSO RESOLVED, that Chesterfield County (55120) does hereby certify to the Virginia Retirement System Board of Trustees that it concurs with the election of the Appomattox Regional Governor's School to pay the Certified Rate, as required by Item 467 (I) of the 2014 Appropriation Act; and NOW, THEREFORE, the officers of Chesterfield County (55120) are hereby authorized and directed in the name of Chesterfield County to execute any required contract to carry out the provisions of this resolution. In execution of any such contract which may be required, the seal of Chesterfield County, as appropriate, shall be affixed and attested by the Clerk. Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. J J J 14-454 06/25/14 8.C.2. APPROVAL OF GRANT SUBMISSIONS 8.C.2.a. FOR THE 2014 COPS HIRING GRANT PROGRAM On motion of Mr. Warren, seconded by Ms. Jaeckle, the Board approved the submission of the 2014 COPS Hiring Grant Program for the purpose of hiring 15 additional officers beyond the general budget allocation. Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 8.C.2.b. FOR THE 2014 VIRGINIA DEPARTMENT OF EMERGENCY MANAGEMENT STATE HOMELAND SECURITY PROGRAM SUSTAINABILITY PROJECT On motion of Mr. Warren, seconded by Ms. Jaeckle, the Board approved the submission of the 2014 Virginia Department of Emergency Management State Homeland Security Program Sustainability Project grant application for the purpose of requesting funds to replace all of the radios .on the Mobile Command Center, as well as replace audio/visual equipment and environmental systems. Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 8.C.3. REQUEST TO SUBORDINATE A DEED OF TRUST FOR A COMMUNITY DEVELOPMENT BLOCK GRANT LOAN FOR FELICIA TURNER-WARD On motion of Mr. Warren, seconded by Ms. Jaeckle, the Board authorized the County Administrator to sign all documents necessary to subordinate Felicia Turner-Ward's Community Development Block Grant loan to a restructured loan from Wells Fargo bank. Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 8.C.4. SET DATE FOR PUBLIC HEARING TO CONSIDER AMENDING CHAPTER 10, FIRE PROTECTION, OF THE COUNTY CODE On motion of Mr. Warren, seconded by Ms. Jaeckle, the Board set July 23, 2014, as the date for a public hearing to consider amending Chapter 10, Fire Protection, of the County Code. Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 8.C.5. TRANSFER OF DISTRICT IMPROVEMENT FUNDS FROM THE DALE DISTRICT IMPROVEMENT FUND TO THE PARKS AND RECREATION DEPARTMENT TO PURCHASE AND INSTALL NEW PLAYGROUND EQUIPMENT AT J. G. HENING ELEMENTARY SCHOOL On motion of Mr. Warren, seconded by Ms. Jaeckle, the Board approved the transfer of $5,000 from the Dale District Improvement Fund to the Parks and Recreation Department to purchase and install new playground equipment at J. G. Hening Elementary School. Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 14-455 06/25/14 8.C.6. STATE ROAD ACCEPTANCES On motion of Mr. Warren, seconded by Ms. Jaeckle, the Board adopted the following resolution: WHEREAS, the streets described below are shown on a plat recorded in the Clerk's Office of the Circuit Court of Chesterfield County; and WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised this Board the streets meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation. NOW, THEREFORE, BE IT RESOLVED, that this Board requests the Virginia Department of Transportation to add the streets described below to the secondary system of state highways, pursuant to Section 33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements. AND, BE IT FURTHER RESOLVED, that this Board guarantees a clear and unrestricted right-of-way, as described, and any necessary easements for cuts, fills and drainage. AND, BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. Project/Subdivision: Heron Pointe Type Change to the Secondary System of State Highways: Addition Reason for Change: New subdivision street Pursuant to Code of Virginia Statute: §33.1-229 Street Name and/or Route Number • Heron Pointe Boulevard, State Route Number 7750 From: Genito Road, (Route 604) To: Heron Pointe Way, (Route 7751), a distance of: 0.13 miles. Recordation Reference: Plat Book 186, Page 21 Right of Way width (feet) = 70 • Heron Pointe Place, State Route Number 7753 From: Heron Pointe Way, (Route 7751) To: Cul-de-Sac, a distance of: 0.08 miles. Recordation Reference: Plat Book 186, Page 21 Right of Way width (feet) = 50 • Heron Pointe Terrace, State Route Number 7754 From: Heron Pointe Way, (Route 7751) To: Cul-de-Sac, a distance of: 0.05 miles. Recordation Reference: Plat Book 186, Page 21 Right of way width (feet) = 50 • Heron Pointe Way, State Route Number 7751 From: Heron Pointe Place, (Route 7753) To: Heron Pointe Terrace, (Route 7754), a distance of: 0.06 miles. Recordation Reference: Plat Book 186, Page 21 Right of Way width (feet) = 50 J J 14-456 06/25/14 ~ Heron Pointe Terrace, State Route Number 7754 From: End of Heron Pointe Way, (Route 7751) To: Cul-de-Sac, a distance of: 0.08 miles. Recordation Reference: Plat Book 186, Page 21 Right of Way width (feet) = 50 And, further, the Board adopted the following resolution: WHEREAS, the streets described below are shown on a plat recorded in the Clerk's Office of the Circuit Court of Chesterfield County; and WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised this Board the streets meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation. NOW, THEREFORE, BE IT RESOLVED, that this Board requests the Virginia Department of Transportation to add the streets described below to the secondary system of state highways, pursuant to Section 33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements. AND, BE IT FURTHER RESOLVED, that this Board guarantees a clear and unrestricted right-of-way, as described, and any necessary easements for cuts, fills and drainage. AND, BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. Project/Subdivision: Ashton Village Section A at Charter Colony Type Change to the Secondary System of State Highways: Addition Reason for Change: New subdivision street Pursuant to Code of Virginia Statute: X33.1-229 Street Name and/or Route Number • Ashton Village Lane, From: Charter Park Drive, To: Ashton Village Court, miles. Recordation Reference: P1 Right of Way width (feet) State Route Number 7745 (Route 7354) (Route 7746), a distance of: 0.11 at book 215, Page 41 = 44 • Ashton Village Lane, State Route Number 7745 From: Ashton Village Court, (Route 7746) To: Cul-de-Sac, a distance of: 0.07 miles. Recordation Reference: Plat book 215, Page 41 Right of Way width (feet) = 44 • Ashton Village Court, State Route Number 7746 From: Ashton Village Lane, (Route 7745) To: Cul-de-Sac, a distance of: 0.09 miles. Recordation Reference: Plat book 215, Page 41 Right of Way width (feet) = 44 14-457 06/25/14 And, further, the Board adopted the following resolution: WHEREAS, the street described below is shown on a plat recorded in the Clerk's Office of the Circuit Court of Chesterfield County; and WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised this Board the street meets the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation. NOW, THEREFORE, BE IT RESOLVED, that this Board requests the Virginia Department of Transportation to add the street described below to the secondary system of state highways, pursuant to Section 33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements. AND, BE IT FURTHER RESOLVED, that this Board guarantees a clear and unrestricted right-of-way, as described, and any necessary easements for cuts, fills and drainage. AND, BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. AND, BE IT FURTHER RESOLVED, this Board hereby warrants the subject street to be free of faulty workmanship and materials and agrees to reimburse the Virginia Department of Transportation for any cost it incurs in the repair of faults corrected during the period of one year from this date, provided such faults are due to faulty workmanship or a failure of materials, paying such sum within 45 days of receiving an invoice for the same from said Department. Project/Subdivision: Branders Creek Drive - Remainder Type Change to the Secondary System of State Highways: Addition Reason for Change: New subdivision street Pursuant to Code of Virginia Statute: §33.1-229 Street Name and/or Route Number • Branders Creek Drive, State Route Number 5909 From: South Chalkley Road, (Route 632) To: Rivington Drive, (Route 1570), a distance of: 0.27 miles. Recordation Reference: Deed Book 5357, Page 726 Right of Way width (feet) = 90 And, further, the Board adopted the following resolution: WHEREAS, the streets described below are shown on a plat recorded in the Clerk's Office of the Circuit Court of Chesterfield County; and WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised this Board the streets meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation. NOW, THEREFORE, BE IT RESOLVED, that this Board requests the Virginia Department of Transportation to add the streets described below to the secondary system of state highways, J J J 14-458 06/25/14 pursuant to Section 33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements. AND, BE IT FURTHER RESOLVED, that this Board guarantees a clear and unrestricted right-of-way, as described, and any necessary easements for cuts, fills and drainage. AND, BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. Project/Subdivision: Summer Lake Section 7 Type Change to the Secondary System of State Highways: Addition Reason for Change: New subdivision street Pursuant to Code of Virginia Statute: §33.1-229 Street Name and/or Route Number • Lake Summer Loop, State Route Number 7747 From: End of Lake Summer Drive, (Route 5657) To: The Cul-de-Sac, a distance of: 0.07 miles. Recordation Reference: Plat Book 215, Page 92 Right of Way width (feet) = 44 • Lake Summer Drive, State Route Number 5657 From: 0.12 miles northwest of Jenway Loop, (Route 7080) To: Lake Summer Loop, (Route 7747), a distance of: 0.06 miles. Recordation Reference: Plat Book 215, Page 92 Right of Way width (feet) = 50 • Tree View Court, State Route Number 7748 From: Lake Summer Loop, (Route 7747) To: The Cul-de-Sac, a distance of: 0.18 miles. Recordation Reference: Plat Book 215, Page 92 Right of Way width (feet) = 40 • Lake Summer Loop, State Route Number 7747 From: Burtonwood Place, (Route 7749) To: The End of Maintenance, a distance of: 0.02 miles. Recordation Reference: Plat Book 215, Page 92 Right of Way width (feet) = 44 • Lake Summer Loop, State Route Number 7747 From: Lake Summer Drive, (Route 5657) To: Tree View Court, (Route 7748), a distance of: 0.07 miles. Recordation Reference: Plat Book 215, Page 92 Right of Way width (feet) = 44 • Lake Summer Loop, State Route Number 7747 From: Tree View Court, (Route 7748) To: Burtonwood Place, (Route 7749), a distance of: 0.07 miles. Recordation Reference: Plat Book 215, Page 92 Right of Way width (feet) = 44 • Burtonwood Place, State Route Number 7749 From: Lake Summer Loop, (Route 7747) To: The Cul-de-Sac, a distance of: 0.05 miles. Recordation Reference: Plat Book 215, Page 19 Right of Way width (feet) = 40 Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 14-459 06/25/14 8.C.7. AWARD OF CONSTRUCTION CONTRACTS 8.C.7.a. UNIVERSITY PROJECT FOR THE RIVER ROAD WATERLINE TO VIRGINIA STATE On motion of Mr. Warren, seconded by Ms. Jaeckle, the Board awarded a construction contract for County Project #12-0131, River Road Waterline to Virginia State University, to Walter C. Via Enterprises, Inc. in the amount of $975,188 and authorized the County Administrator to execute the necessary documents. Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 8.C.7.b. FOR THE DUNDAS ROAD VALVE AND VAULT REPLACEMENT PROJECT On motion of Mr. Warren, seconded by Ms. Jaeckle, the Board awarded a construction contract for County Project #13-0259, Dundas Road Valve and Vault Replacement, to Mid State Construction Company, Inc., in the amount of $397,476 and authorized the County Administrator to execute the necessary documents. Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 8.C.8. REQUESTS FOR PERMISSION 8.C.8.a. FROM 6801 WOOLRIDGE ROAD - MOSELEY, LP TO INSTALL PRIVATE SEWER AND WATER SERVICES WITHIN PRIVATE EASEMENTS TO SERVE PROPERTY ON CHAMPIONSHIP CROSSING On motion of Mr. Warren, seconded by Ms. Jaeckle, the Board granted 6801 Woolridge Road - Moseley, LP permission to install private sewer and water services within private easements to serve property on Championship Crossing, and authorized the County Administrator to execute the connection 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.8.b. FROM DANIEL F. MARTIN AND MARY K. MARTIN FOR A PROPOSED BOAT DOCK TO ENCROACH IN THE IMPOUNDMENT EASEMENT FOR SWIFT CREEK RESERVOIR On motion of Mr. Warren, seconded by Ms. Jaeckle, the Board granted Daniel F. Martin and Mary K. Martin permission for a proposed boat dock to encroach in the impoundment easement for Swift Creek Reservior, 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. J J 14-460 06/25/14 8.C.8.c. FROM ALEXANDER RODRIGUEZ AND EVA A. ALMONTE TO CONSTRUCT A GRAVEL DRIVEWAY WITHIN A VARIABLE WIDTH UNIMPROVED COUNTY RIGHT OF WAY KNOWN AS NORTH BAILEY BRIDGE ROAD On motion of Mr. Warren, seconded by Ms. Jaeckle, the Board granted Alexander Rodriguez and Eva A. Almonte permission to construct a gravel driveway within a variable width unimproved county right of way known as North Bailey Bridge Road to access property at 11515 Genito 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.8.d. FROM DAVID A. WINFIELD AND DANIELLE L. WINFIELD FOR A PROPOSED FENCE TO ENCROACH WITHIN A SIXTEEN-FOOT DRAINAGE EASEMENT AND AN EIGHT-FOOT EASEMENT ACROSS LOT 31, PRESCOTTS LEVEL SECTION 1 AT FOXCREEK On motion of Mr. Warren, seconded by Ms. Jaeckle, the Board granted David A. Winfield and Danielle L. Winfield permission for a proposed fence to encroach within a 16' drainage easement and an 8' easement across Lot 31, Prescotts Level Section 1 at Foxcreek, subject to the execution of 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.9. REQUEST TO QUITCLAIM PORTIONS OF A VARIABLE WIDTH TEMPORARY TURNAROUND EASEMENT, A VARIABLE WIDTH DRAINAGE EASEMENT (PUBLIC), A SIXTEEN-FOOT SEWER EASEMENT AND A VARIABLE WIDTH SEWER AND WATER EASEMENT ACROSS THE PROPERTY OF ELEMENT AT STONEBRIDGE, LLC 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 portions of a variable width temporary turnaround easement, a variable width drainage easement (Public), a 16' sewer easement and a variable width sewer and water easement across the property of Element at Stonebridge, LLC. (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. APPROVAL OF THE PURCHASE OF A PARCEL OF LAND FOR FIRE AND EMERGENCY MEDICAL SERVICES STATION 25 On motion of Mr. Warren, seconded by Ms. Jaeckle, the Board approved the purchase of a parcel of land containing 5.7 acres, more or less, with improvements, for $575,000, from Carol W. Berger for Fire and EMS Station 25, and authorized the County Administrator to execute the sales contract and deed and appoint James Fitch, Assistant Chief, Fire and EMS, as the Board's Agent for the conditional use application. (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. 14-461 06/25/14 8.C.11. ACCEPTANCE OF A PARCEL OF LAND ALONG IRONBRIDGE ROAD FROM KROGER LIMITED PARTNERSHIP On motion of Mr. Warren, seconded by Ms. Jaeckle, the Board accepted the conveyance of a parcel of land containing 0.410 acres along Ironbridge Road from Kroger Limited Partnership, 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.12. APPROVAL OF WATER AND SEWER CONTRACT FOR HALLSLEY, SECTION 10 On motion of Mr. Warren, seconded by Ms. Jaeckle, the Board approved a revised water and sewer contract for Hallsley, Section 10, Contract Number 13-0019 and authorized the County Administrator to execute any necessary documents. Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 8.C.13. APPROVAL OF PERFORMANCE AGREEMENT AND FIRST AMENDMENT TO PERFORMANCE AGREEMENT BETWEEN THE COUNTY, THE ECONOMIC DEVELOPMENT AUTHORITY AND EVONIK GOLDSCHMIDT CORPORATION On motion of Mr. Warren, seconded by Ms. Jaeckle, the Board approved the Performance Agreement and First Amendment between the county, the Economic Development Authority, and Evonik Goldschmidt Corporation, as well as transferred and appropriated the associated grant funding. (It is noted copies of the Performance Agreement and the First Amendment are filed with the papers of this Board.) Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 8.C.14. APPROVAL OF FIFTH AMENDMENT TO THE PURCHASE AND SALE AGREEMENT FOR THE CLOVERLEAF MALL PROPERTY On motion of Mr. Warren, seconded by Board approved the Fifth Amendment to restated purchase and sale agreement Realty Holdings, LLC for the Cloverleaf is noted the First Amendment is filed w this Board.) Ms. Jaeckle, the the amended and with Stonebridge Mall Property.(It ith the papers of Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 14-462 06/25/14 J J 8.C.15. APPROVAL OF A CHANGE ORDER TO THE MAINTENANCE CONTRACT FOR THE CHESTERFIELD TOWNE CENTER-SOUTHPORT AREA SERVICE DISTRICT, AND A REQUEST TO GRANT SUBSEQUENT CHANGE ORDER AUTHORITY RELATED TO THE PROJECT TO THE COUNTY ADMINISTRATOR On motion of Mr. Warren, seconded by Ms. Jaeckle, the Board authorized a change order to the maintenance contract for the streetscape improvements along western Midlothian Turnpike and granted the County Administrator change order authority for any subsequent changes in the maintenance contract, providing they remain in budget. Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 8.C.16. CONVEYANCE OF AN EASEMENT TO VIRGINIA ELECTRIC AND POWER COMPANY 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 for the Harrowgate Fire and EMS Station 21 at 16901 Harrowgate Road. (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. APPROVAL OF FY2014 YEAR-END ADJUSTMENTS On motion of Mr. Warren, seconded by Ms. Jaeckle, the Board took the following actions: a. Authorized the County Administrator to assign and re-appropriate into a revenue stabilization reserve all unspent, or otherwise unreserved, FY2014 appropriations that are in excess of the FY2015 budgeted unassigned beginning fund balance of $55,000,000, contingent upon positive results of operations. b. Appropriated revenues and expenditures for specific programs as well as authorized reallocations among general fund departments and related funds and made adjustments to revenues and expenditures as outlined on Schedule A in the papers of this Board. c. Appropriated revenues and expenditures and authorized other adjustments for specific programs, projects and non-general fund departments as outlined on Schedule B in the papers of this Board. d. Authorized the County Administrator to assign and re-appropriate various revenues and unspent expenditures contingent upon positive results of operations as determined by the county's financial audit as outlined on Schedule C in the papers of this Board. 14-463 06/25/14 e. Appropriated revenues and expenditures and authorized other adjustments for the school division as outlined on Schedule D in the papers of this Board, along with other associated transfers required as a result of the requested actions. f. Authorized the County Administrator to assign and re-appropriate $2,583,900 in school division funds and $36,000 in Appomattox Regional Governor's School funds, contingent upon positive results of operations as determined by the county's financial audit as outlined on Schedule E in the papers of this Board. g. Authorized the County Administrator to assign and re-appropriate $309,000 in Utility Department funds, contingent upon positive results of operations as determined by the county's financial audit. Ayes: Holland, Elswick, Jaeckle, Warren and Decker. Nays: None. 8.C.18. REQUEST FOR A PERMIT TO STAGE A FIREWORKS DISPLAY AT THE SUNDAY PARK PENINSULA OF BRANDERMILL On motion of Mr. Warren, seconded by Ms. Jaeckle, the Board approved a request for a permit to stage a fireworks display at the Sunday Park Peninsula of Brandermill on July 4, 2014, with a rain date of July 12, 2014. Ayes: Holland, Elswick, Jaeckle, Warren and Decker. Nays: None. 9. REPORTS 9.A. REPORT ON DEVELOPER WATER AND SEWER CONTRACTS 9.B. REPORT ON STATUS OF GENERAL FUND BALANCE, RESERVE FOR FUTURE CAPITAL PROJECTS, DISTRICT IMPROVEMENT FUNDS AND LEASE PURCHASES On motion of Mr. Decker, seconded by Mr. Warren, the Board approved 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 Decker. Nays: None. 10. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED MATTERS There were no requests to address the Board at this time. 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 It was generally agreed that the Closed Session be moved to the end of the evening session due to time constraints. J J 14-464 06/25/14 12. DINNER On motion of Ms. Jaeckle, seconded by Mr. Warren, the Board recessed to Room 502 for dinner. Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. Reconvening: 13. INVOCATION Mr. William Dupler, Deputy County Administrator, gave the invocation. 14. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA ~. Eagle Scout Zachary Zumbo led the Pledge of Allegiance to the Flag of the United States of America. 15. RESOLUTIONS 15.A. RECOGNIZING MR. L. DENNIS COLLINS, COMMONWEALTH ATTORNEY'S OFFICE, UPON HIS RETIREMENT Mr. Davenport introduced Mr. L. Dennis Collins, who was present to receive the resolution. On motion of Mr. Holland, seconded by Mr. Warren, the Board adopted the following resolution. WHEREAS, Mr. L. Dennis Collins, will retire from the Chesterfield County Commonwealth Attorney's Office on July 1, 2014, after providing more than 26 years of dedicated and professional service to the citizens of Chesterfield County; and WHEREAS, Mr. Collins faithfully served the county in the capacity of Assistant Commonwealth's Attorney, Deputy Commonwealth's Attorney, and Senior Deputy Commonwealth's Attorney; and WHEREAS, Mr. Collins was a mentor and intern supervisor to numerous law students who have interned in the Commonwealth Attorney's Office, helping to hone their skills and launch their careers throughout the Commonwealth of Virginia; and WHEREAS, Mr. Collins has shared his expertise by teaching in the Chesterfield Police Academy, Chesterfield Sheriff's Academy, the Virginia State Police Academy, Commonwealth Attorney Services Counsel and the District Court, and presenting programs for public and private school and civic organizations; and WHEREAS, Mr. Collins was instrumental in the development of the Chesterfield County Pretrial Services Program, the Court Appointed Scheduling System and in creating a method to give notice of suspensions to suspend or revoke offenders by police and eliminating the need for DMV representatives to 14-465 06/25/14 appear in court, all saving substantial funds for the county and state; and WHEREAS, Mr. Collins has served as a special prosecutor to numerous other counties and cities on cases where the local prosecutor had a conflict of interest; and WHEREAS, Mr. Collins has been recognized for his expertise in arson and identity theft prosecution and has served with distinction on the Chesterfield Commonwealth's Attorney Crash Team; and WHEREAS, Mr. Collins has prosecuted all types of cases in the Chesterfield County Circuit and District Courts from homicides, arsons, rapes, robberies and burglaries, to DUIs, stalking, thefts and assaults; and WHEREAS, Mr. Collins is much more than a prosecutor, he is a man of many talents and interests with a unique sense of humor and a keen sense of justice; and WHEREAS, Mr. Collins is truly the heart of the Commonwealth Attorney's Office, looking out for attorneys and support staff alike, recognizing co-workers as people first, and he has a unique personality and commitment to his profession; and WHEREAS, Mr. Collins is well respected by the judiciary court, law enforcement, and the defense bar, and is known for being very tough, but above all, fair; and WHEREAS, Chesterfield County and the Board of Supervisors will miss Mr. Collins' diligent and loyal service. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 25th day of June 2014, publicly recognizes Mr. L. Dennis Collins, 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 Mr. Collins 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. Collins, commended him for his dedication and many years of service to the county, and wished him a long and enjoyable retirement. Mr. Stegmaier presented Mr. Collins with an acrylic statue and county watch, congratulated him on his retirement and expressed appreciation for his outstanding service to the county. Mr. Collins expressed his appreciation to the Board for the special recognition. J J 14-466 06/25/14 15.B. RECOGNIZING JUNE 2014 AS "BUSINESS APPRECIATION MONTH" IN CHESTERFIELD COUNTY Mr. Davis introduced Mr. Doug Horton, Chairman of the Board of Directors, Chesterfield County Chamber of Commerce, Mr. John Bennett, Chairman of the Chesterfield Business Council, Mr. Jeff Siffert, Chair Elect, Chesterfield Business Council and Mr. Mark Hickman, Program Manager, Greater Richmond Chamber of Commerce. On motion of Mr. Holland, seconded by Mr. Warren, the Board adopted the following resolution: WHEREAS, Chesterfield County has a thriving base of business and industry to support the local economy; and WHEREAS, Chesterfield County businesses are both domestically and internationally based and range in size from very small entrepreneurial companies to large companies; and WHEREAS, Chesterfield County businesses provide an array of products and services to customers throughout the world; and WHEREAS, Chesterfield County businesses provide meaningful employment, fundamental to maintaining a healthy and vibrant economy; and WHEREAS, business tax revenues paid by Chesterfield County businesses are critical in offsetting the cost of services required by our citizens; and WHEREAS, Chesterfield County businesses take an active role in making the community a better place through their commitment to charitable organizations, schools, recreation and other worthwhile endeavors; and WHEREAS, Governor McAuliffe has declared June 2014 as "Business Appreciation Month" in the Commonwealth of Virginia. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 25th day of June 2014, hereby expresses its gratitude on behalf of county residents to all businesses and industry located in Chesterfield for their contributions over many years by recognizing June 2014 as "Business Appreciation Month" in Chesterfield County. AND, BE IT FURTHER RESOLVED, that a copy of 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 resolutions to the business representatives and expressed appreciation to existing businesses in Chesterfield County for their many contributions. Each representative thanked the Board for the special recognition. 14-467 06/25/14 15.C. RECOGNIZING MR. ZACHARY J. ZUMBO UPON ATTAINING THE RANK OF EAGLE SCOUT Ms. Pollard introduced Mr. Zachary J. Zumbo who was 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 his community, being active in the troop, demonstrating Scout spirit, and living up to the Scout Oath and Law, Mr. Zachary J. Zumbo, Troop 2815, sponsored by Chester United Methodist Church, has accomplished those high standards of commitment and has reached the long-sought goal of Eagle Scout, which is received by only four percent of those individuals entering the Scouting movement; and WHEREAS, growing through his experiences in Scouting, learning the lessons of responsible citizenship, and endeavoring to prepare himself for a role as a leader in society, Zachary has distinguished himself as a member of a new generation of prepared young citizens of whom we can all be very proud. NOW, THEREFORE, BE IT RESOLVED County Board of Supervisors, this publicly recognizes Mr. Zachary congratulations on his attainment acknowledges the good fortune of the outstanding young man as its citizen. that the Chesterfield 5th day of June 2014, J. Zumbo, extends of Eagle Scout, and county to have such an Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. Ms. Jaeckle presented the executed resolution and patch to Mr. Zumbo, accompanied by his family, congratulated him on his outstanding achievements, and wished him well in future endeavors. Mr. Zumbo provided details of his Eagle Scout project and expressed appreciation to his family and others for their support. 16. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED MATTERS There were no requests to address the Board at this time. J J 14-468 06/25/14 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 18 14SN0572 In Midlothian Magisterial District, Shayma E. Said requests conditional use to permit a stock farm (keeping of fowl) and amendment of zoning district map in an Agricultural (A) District on 2.3 acres known as 1906 Otterdale Road. 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 716-697-3404. Mr. Turner stated Mr. Decker is requesting a 30-day deferral to the July 23, 2014 regularly scheduled meeting. Ms. Shayma Said accepted the deferral. Mr. Holland called for public comment. No one came forward to speak to the deferral. Mr. Gecker apologized to those in the audience who came to speak to the case. He stated he received feedback from the Health Department and there is an issue that needs to be resolved before presenting the case to the Board. Mr. Gecker then made a motion, seconded by Mr. Warren, for the Board to defer Case 14SN0572 until July 23, 2014. Ayes: Holland, Elswick, Jaeckle, Warren and Decker. Nays: None. 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 60-day deferral to the August 27, 2014 regularly scheduled meeting. He noted the applicant has consented to the deferral. The applicant was not present. Mr. Holland called for public comment. No one came forward to speak to the deferral. On motion of Ms. Jaeckle, seconded by Mr. Warren, the Board deferred Case 14SN0554 until August 27, 2014. Ayes: Holland, Elswick, Jaeckle, Warren and Decker. Nays: None. 14-469 06/25/14 14HP0147 In Dale Magisterial District, First Baptist Church of Centralia requests historic landmark designation for the Historic First Baptist Church of Centralia (parcel and structure) in a Residential (R-7) District on 1 acre known as 4412 Centralia Road. The Comprehensive Plan suggests the property is appropriate for Residential use (1 dwelling per acre or less). Tax ID 786-664-6124. Mr. Turner provided a summary of Case 14HP0147 and stated the Historical Society, Planning Commission and staff recommended approval of the request. Deaconess Dr. Jane J. Baskerville, Chair of The First Baptist (Centralia) History Committee, requested the Board's approval of the Historical Landmark Designation. She gave a brief explanation of the historical background of the First Baptist Church of Centralia. Dr. Wilson E.B. Shannon, the current Pastor of First Baptist Church of Centralia, expressed his appreciation to members of the Historical Society, Planning Commission and Board of Supervisors for consideration of the Historical Landmark Designation. He asked the Board for their approval of the request. Ms. Jaeckle expressed appreciation to members of the First Baptist Church of Centralia and Dr. Shannon for their resolve to rebuild the historic structure. Mr. Holland called for public comment. Ms. Carol Waller, Chair of the Trustee Ministry, urged the Board to approve the Historical Landmark Designation. She then gave a brief explanation of the historical reputation of the church. Ms. Teresa Wagenknecht, representing the Chesterfield County Historical Society, recommended approval of the Historical Landmark Designation. She stated the site is of special historical significance for the county. Deacon Jerrell Moten, Vice Chair of the Deacon Ministry, urged the Board to approve the application for a Historical Landmark Designation. Deaconess Mea Friend urged the Board to approve the Historical Landmark Designation. Ms. Linda Ervin and Ms. Mamie Pierce, members of the church, urged the Board to grant approval of the Historical Landmark Designation. They also exhibited an authentic parcel of the 1867 church building foundation. There being no one else to speak to the issue, the public hearing was closed. On motion of Mr. Holland, seconded by Mr. Elswick, the Board approved Historic Landmark Designation for the property of Case 14HP0147. Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. J J J 14-470 06/25/14 14RW0207 In Dale Magisterial District, Joshua Dylan Dickerson requests an exception to Section 19-232 of the Chesapeake Bay Preservation Act requirements of the Zoning Ordinance to permit encroachment into the Resource Protection Area (RPA) buffer along Licking Creek as a result of grading for construction related to an above-ground swimming pool and necessary utilities. The property is located at 6624 Corcoran Drive, which is within the Falling Creek drainage basin. Tax ID # 760-675-4351. Mr. Turner provided a summary of Case 14RW0207 and stated staff recommended approval, subject to the conditions. Mr. Joshua Dickerson accepted the conditions. There being no one to speak to the issue, the public hearing was closed. On motion of Mr. Holland, seconded by Mr. Warren, the Board approved Case 14RW0207, subject to the following conditions: 1. The mitigation measures outlined in the document titled Water Quality Impact Assessment - 6624 Corcoran Drive - Proposed Swimming Pool Construction -Chesterfield, Virginia, prepared for Joshua Dylan Dickerson; dated May 1, 2014 shall be incorporated and implemented during the plan review process and after construction. (EE) 2. The Department of Environmental Engineering may approve alternative mitigation measures if it is determined that such alternatives will not increase impacts to the Resource Protection Area (RPA) or downstream water bodies. (EE) 3. As mitigation for the encroachment the applicant shall maintain erosion and sediment control measures as required by the Department of Environmental Engineering and ensure preservation of the remaining vegetation. (EE) 4. Approval of this exception is for encroachment into the RPA buffer only and does not guarantee development of the site as explicitly proposed in the WQIA referenced in Condition 1 above. Development of the site is subject to all ordinance requirements, review processes, building permits and/or other requirements currently adopted at the time of plans review Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 14SN0566 In Bermuda Magisterial District, Happy Boxes Rivers Bend, LLC requests a conditional use to permit a computer controlled variable message electronic sign and amendment of zoning district map in a General Industrial (I-2) District on 7.4 acres known as 1350 West Hundred Road. Density will be controlled by zoning conditions or ordinance standards. The Comprehensive Plan suggests the property is appropriate for Community Mixed use. Tax ID 807-653-4067. 14-471 06/25/14 Mr. Turner presented a .summary of Case 14SN0566 and stated both the Planning Commission and staff recommended approval, subject to the one condition. Mr. Dick Shively, representing the applicant, accepted the one condition. Mr. Holland called for public comment. There being no one to speak to the issue, the public hearing was closed. On motion of Ms. Jaeckle, seconded by Mr. Warren, the Board approved Case 14SN0566, subject to the following condition: In addition to ordinance requirements, any computer- controlled, variable message, electronic sign shall conform to the following standards: a. Copy shall be limited to a maximum of three (3) lines and shall not move but may fade; b. The message or display shall be programmed to change no more than once every thirty (30) seconds; c. Sequential messaging shall be prohibited; d. Flashing and traveling messages shall be prohibited; e. Bijou lighting and animation effects shall be prohibited; f. The electronic message center shall be incorporated into an architecturally designed sign structure that is compatible and complimentary to the building it serves; and g. Brightness shall be limited so as not to exceed 0.3 foot candles above ambient light as measured using a foot candle meter at a distance of seventy-seven (77) feet. The sign shall have a photocell that automatically adjusts the brightness according to the ambient light conditions. (P) Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 14SN0568 In Dale Magisterial District, Donna L. Williams requests conditional use to permit a family day-care home and amendment of zoning district map in a Residential (R-12) District on .5 acre known as 4100 Dodds Ridge Drive. Density will be controlled by zoning conditions or ordinance standards. The Comprehensive Plan suggests the property is appropriate for Suburban Residential II use (2.0 to 4.0 dwellings per acre). Tax ID 755-686-9399. Mr. Turner presented a summary of Case 14SN0568 and stated both the Planning Commission and staff recommended approval, subject to the proffered conditions. Ms. Donna Williams accepted the recommendation. J J J 14-472 06/25/14 Mr. Holland called for public comment. There being no one to speak to the issue, the public hearing was closed. On motion of Mr. Holland, seconded by Ms. Jaeckle, approved Case 14SN0568 and accepted the following proffered conditions: 1. Non-Transferable approval shall be exclusively, and the land. (P) 2. Expansion of Use: or alterations to this use. (P) Ownership: This conditional use granted to and for Donna L. Williams, shall not be transferable nor run with There shall be no exterior additions the existing structure to accommodate 3. Signage: There shall be no signs permitted to identify this use. (P) 4. Number of Children: This conditional use approval shall be limited to providing care, protection and guidance to a maximum of twelve (12) children, other than the applicant's own children, at any one time. (P) 5. Hours of Operation: Hours and days of operation shall be limited to Monday through Friday from 6 a.m. to 6 p.m. There shall be no Saturday or Sunday operation of this use. (P) 6. Time Limitation: This conditional use approval shall be granted for a period not to exceed ten (10) years from the date of approval. (P) 7. Fenced Outdoor Play Areas: Any outdoor play area and/or recreational equipment utilized by the family day-care home shall be located in the side or rear yard of the property. Outdoor play and/or recreational equipment areas shall have perimeter fencing of at least four (4) feet in height, installed around the equipment or play area. Equipment for outdoor play areas shall be located no closer than fifteen (15) feet to the side property lines and no closer than ten (10) feet to the rear property line. (P) 8. Employees: No employees shall be permitted to work on the premises other than family member employees that live on the premises. (P) Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 145N0569 In Dale Magisterial District, J&B Realty, LLC requests rezoning from Residential (R-7) and Neighborhood Business (C- 2) to Neighborhood Business (C-2) and amendment of zoning district map on 5 acres fronting 220 feet on the west line of Iron Bridge Road, 615 feet southwest of Omo Road. Density will be controlled by zoning conditions or ordinance standards. The Comprehensive Plan suggests the property is appropriate for Neighborhood Business use. Tax IDs 774-681- 6212 and 8720. 14-473 06/25/14 Mr. Turner presented a summary of Case 14SN0569 and stated both the Planning Commission and staff recommended approval, subject to the proffered conditions. Mr. Jack Wilson, representing the applicant, accepted the recommendation. Mr. Holland called for public comment. There being no one to speak to the issue, the public hearing was closed. On motion of Mr. Holland, seconded by Mr. Warren, the Board approved Case 14SN0569 and accepted the following proffered conditions: The property owner and 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 and assigns, proffer that the property under consideration (the "Property") will be developed according to the following proffers if, and only if, the request submitted herewith is granted with only those conditions agreed to by the owner and applicant. In the event this request is denied or approved with conditions not agreed to by the owner and applicant, the proffers shall immediately be null and void and of no further force or effect. 1. Architectural & Site Design Compatibility. The Applicant shall develop the property as a part of a project as defined by the zoning ordinance with Tax IDs 775-681-0643, 0717 and 2234 (CVS properties), and will apply architectural compatibility within a project and consistent landscaping, parking lot lighting, and signage throughout the project area. (P) 2. Fencing. A wood privacy fence a minimum of six (6) feet in height shall be installed along the northern property line upon commencement of development. The design and exact location of the fence shall be determined at the time of site plan review. (P) 3. Prohibited Uses. The following uses shall not be permitted on the Property: A. Churches and/or Sunday Schools B. Rest or convalescent homes C. Coin operated laundry facilities D. Alternative financial institutions. (P) 4. Dedication. Prior to any site plan approval, or within sixty (60) days of a written request by the Transportation Department, whichever occurs first, one hundred (100) feet of right-of-way on the west side of Iron Bridge Road (Route 10), measured from the centerline of that part of Route 10 immediately adjacent to the Property, shall be dedicated, free and unrestricted, to and for the benefit of Chesterfield County. (T) J J 14-474 06/25/14 5. Access. There shall be no direct vehicular access from the property to Route 10. (T) 6. Road Improvements. To provide an adequate roadway system, the Developer shall be responsible for the following improvements. The exact design and length of these improvements shall be approved by the Transportation Department. A. Construction of an additional lane of pavement along the southbound lanes of Route 10 for the entire length of the property frontage; B. Construction of a sidewalk along the entire property frontage to Route 10; C. Dedication to Chesterfield County, free and unrestricted, any additional right-of-way (or easements) required for the improvements identified above. (T) 7. Phasing Plan. Prior to the issuance of an occupancy permit for any development on Tax ID 774-681-6212 (6440 Iron Bridge Road), the road improvements identified in Proffered Condition 7 shall be completed as determined by the Transportation Department. (T) 8. Drainage. Storm drainage from all impervious areas and to the maximum extent practical, graded pervious areas, shall be directed away from residential properties to the north that front on Omo Road. Storm drainage on the subject property shall be directed towards the existing drainage easements located on Tax ID 775-681-0717 (6400 Iron Bridge Road). (EE) Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 14SN0570 In Dale Magisterial District, Branchs Bluff Development Company requests amendment of zoning (Case 09SN0111) relative to cash proffers and amendment of zoning district map in Residential (R-12) District on 10.8 acres lying 270 feet off the southern terminus of Branchs Wood Lane, 90 feet south of Birchs Bluff Road. Density will be controlled by zoning conditions or ordinance standards. The Comprehensive Plan suggests the property is appropriate for Suburban Residential II use (2.0 to 4.0 dwellings per acre). Tax IDs 785-670-Part of 7367; 786-669-0085; 786-670-4173 and 4249. Mr. Turner presented a summary of Case 14SN0570 and stated both the Planning Commission and staff recommended approval, subject to the one proffered condition. Mr. Greg Holt, representing the applicant, accepted the recommendation. Mr. Holland called for public comment. 14-475 06/25/14 There being no one to speak to the issue, the public hearing was closed. On motion of Mr. Holland, seconded by Mr. Warren, approved Case 14SN0570 and accepted the following proffered condition: With the approval of this request, Proffered Condition 2 of Case 98SN0111 would be amended as provided below. All other conditions of Case 98SN0111 would remain in force and effect. Cash Proffer A. For each dwelling unit, the applicant, sub-divider, or assignee(s) shall pay the following to the County of Chesterfield, prior the issuance of a building permit for infrastructure improvements within the service district for the property; provided, however, that 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 ii. 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. iii . 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. iv. Should any impact fees be imposed by Chesterfield County 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 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) Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 135N0527 In Dale Magisterial District, Balzer & Associates, Inc. requests rezoning from Residential (R-7) to Community Business (C-3) and amendment of zoning district map on 10.7 acres located in the southwest quadrant of Jessup and Iron Bridge Roads. Density will be controlled by zoning conditions or ordinance standards. The Comprehensive Plan suggests the property is appropriate for Suburban Residential II use (2.0 to 4.0 dwellings per acre), Neighborhood Office and, under certain circumstances, Community and Regional Mixed uses. Tax IDs 775-686-5943, 8044, 8720 and 9744; 776-686-1206, 1722 and 1746. J J J 14-476 06/25/14 Ms. Orr presented a summary of Case 13SN0527 and stated both the Planning Commission and staff recommended approval, subject to the proffered conditions. She further stated in response to concerns expressed by area citizens relative to proposed uses and screening, on June 17, 2014, the applicant submitted revisions to proffered conditions to omit gasoline sales as a permitted use along with all design and architectural standards associated with fuel sales areas and structures; and to modify standards for the fence offered as screening along the southern and western boundaries of the development. She stated modifications to the proffered conditions are outlined in the addendum. She further stated the proposed zoning and land uses comply with the recommendation of the Comprehensive Plan; provide a positive first impression as a gateway area of the county; provide an adequate transition between the proposed commercial uses and area residential uses; and, would support the recent development of significant tourism and recreation facilities along Ridgedale Parkway at Iron Bridge Road. Mr. Mincks noted the Board would need to suspend its rules in order to consider the revised proffered conditions since they were submitted after the advertisement of the case. Mr. Andy Scherzer, representing the applicant, stated in response to concerns expressed by area residents relative to proposed uses and screening, the applicant submitted revision to the proffered conditions to omit gasoline sales as a permitted use along with all design and architectural standards associated with fuel sales areas and structures and to modify standards for the fence offered as screening along the southern and western boundaries of the development. He respectfully requested the Board's approval of the request. Mr. Holland called for public comment. Ms. Dianna Parker, Bermuda District resident, stated the applicant has covered elements regarding the gas station. She expressed concerns relative to traffic generated by the commercial use on connector and arterial roads. Mr. Preston Cuneo, adjacent property owner, expressed concerns relative to the proposed uses for the commercial development, hours of operation and increased traffic. Mr. Phil Lohr, Bermuda District resident, stated his mission to form a group of neighborhood associations within the county in hopes to alleviate citizen concerns generated by future zoning cases. Mr. Michael Jackson, a resident expressed concerns relative to the proposed rezoning on area quality of of Rock Spring Farms, Braxton Village stand in opposition of the case. He the rezoning request. of Meadowbrook Farms, potential impact of the life. He asked residents and Meadowbrook Farm to urged the Board to deny There being no one else to speak to the issue, the public hearing was closed. Mr. Holland made a motion, seconded by Mr. Warren, for the Board to suspend its rules to allow for consideration of the amended proffered conditions. Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 14-477 06/25/14 Mr. Holland made a motion to approve Case 13SN0527. Mr. Holland expressed appreciation to residents of Rock Spring Farms, Braxton Village and Meadowbrook Farm for their involvement in the long and arduous process. He stated he is comfortable with the proffered conditions. Mr. Warren expressed appreciation to the applicant for working with the neighboring residents. Mr. Scherzer also expressed appreciation to the residents of Rock Spring Farms, Braxton Village and Meadowbrook Farm for their diligence and perseverance relative to the case. He noted site plans will be incorporated in future zoning cases. Ms. Jaeckle commended residents who stayed involved during the process. She stated the community will be a reflection of how much the citizens are willing to contribute to it. Mr. Warren seconded Mr. Holland's motion for approval. Mr. Holland called for the vote on his motion, seconded by Mr. Warren, for the Board to approve Case 13SN0527 and accept the following proffered conditions: 1. Utilities. Public water and wastewater systems shall be used. (U) 2. Timbering. 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) 3. Architectural Standards. Architectural treatment of all buildings shall be compatible with Exhibit A, prepared by Balzer and Associates and dated April 8, 2013. Compatibility shall be achieved through use of similar building massing, materials, scale, colors and other architectural features, as determined by the Planning Department at the time of plans review. In addition, all buildings shall be subject to the following: A. Buildings shall incorporate equal four sided architecture such that no building exterior (whether front, side or rear) shall consist of inferior materials or be inferior in quality, appearance or detail to any other exterior of the same building. B. A minimum of eighty percent (800) of each facade, excluding windows and doors, shall be a mixture of stone and brick masonry. No concrete block shall be permitted. J J J 14-478 06/25/14 C. Vertical architectural facade features shall be continued a minimum of ten (10) feet in depth from the building facade. D. Each entrance shall be accentuated with architectural features to include, but not limited to, structured overhangs and/or awnings. E. All building mounted lighting shall be compatible with the overall architectural style. F. The color palette shall be limited to neutral and earth-toned colors, unless otherwise approved by the Planning Department at the time of plans review. G. In addition to ordinance requirements for screening mechanical equipment, buildings with a lower grade than Iron Bridge and Jessup Roads shall employ means, such as an increase parapet height, to screen mechanical equipment so as not to be visible from these roads. H. The fascia panel of any canopy shall be minimized by employing a pitched (A or hipped) roof design using a roof material from the shopping center/principle building. Support columns for any canopy shall include a base and capital and shall incorporate masonry materials compatible with the shopping center/principal building. H. Drive-in windows shall be screened to reduce visibility of the drive-in windows from public streets. This screening shall be accomplished by building design, the use of durable architectural walls or fences constructed of materials and with a design comparable to the principal building, and berms or other land forms. Such screening shall be approved by the Planning Department in conjunction with plan approval. I. Pitched (A or hipped) roofs shall be used on all small buildings, unless an alternate design is approved by the Planning Commission during schematic plan review. (P) 4. Uses. Permitted uses shall be limited as follows: A. Permitted uses in all Tracts: . 1. Any permitted use in the C-2 District (except as prohibited in 4.C below). 2. Contractors' offices and display rooms. 3. Liquor stores. (Not including privately owned liquor stores.) 4. Deleted. 5. Recreational establishments, commercial- indoor. 14-479 06/25/14 6. Repair services, excluding motor vehicle repair. 7. Restaurants, to include carry-out and fast food. 8. Schools - commercial, trade vocational and training 9. Secondhand and consignment stores, excluding motor vehicle consignment lots, not to exceed 3,000 SF. 10. Veterinary hospitals without outside runs. B. Use limitations by Tract (as identified on Exhibit B prepared by Balzer and Associates, dated October 7, 2013): 1. Deleted. 2. All uses permitted within Tract C shall be limited to those uses permitted by right or with restriction in the Neighborhood Business (C-2) District, unless such uses are prohibited by 4.C. C. The following uses shall not be permitted: 1. Alternative financial institutions 2. Communications towers, unless the structure is architecturally incorporated into and compatible with the design of a building used for a permitted use 3. Coin laundry 4. Funeral homes 5. Gasoline sales, petroleum sales or fueling stations. (P) 5. Irrigation. An underground automatic irrigation system shall be provided and maintained for the landscaping along Route 10 and Jessup Road. (P) 6. Freestanding Lights. Freestanding parking lot lighting fixtures shall not exceed twenty (20) feet in height. All canopy lighting shall be of a recessed type. (P) 7. Access. ii. Direct vehicular access from the property to Ironbridge Road (Routel0) shall be limited to one access. The exact location of this access shall be approved by the Transportation Department. iii. Direct vehicular access from the property to Jessup Road shall be limited to one access, generally located towards the western property line. The exact location of this access shall be approved by the Transportation Department. (T) J J J 14-480 06/25/14 8. Dedication. Prior to any site plan approval, or within sixty (60) days of a written request by the Transportation Department, whichever occurs first, the following rights-of-way shall be dedicated, free and unrestricted, to and for the benefit of Chesterfield County: A. Sixty (60) feet of right-of-way, on the west side of Route 10, measured from the centerline of that part of Route 10 immediately adjacent to the property; and B. Thirty-five (35) feet of right-of-way, on the south side of Jessup Road, measured from the centerline of that part of Jessup Road immediately adjacent to the property. (T) 9. Screening. A minimum eight (8) foot tall solid vinyl/composite fence shall be provided and maintained as generally shown on Exhibit B, prepared by Balzer and Associates and dated May 14, 2013. Such fence shall be constructed at a minimum with 6"X6" posts, 2"X6" rails and 6" trim caps. Provided however, that the first 200 feet of fence extending into the site from Jessup and Iron Bridge Roads shall also incorporate masonry columns provided thirty (30) feet on center. The Planning Department shall approve the exact design and location of the fence at the time of plans review. (P) 10. Intercom. Intercoms shall be permitted as accessory to permitted uses, provided that such systems are not audible to any adjacent property used for residential purposes and any property located in an A, R, R-TH or R- MF District. (P) 11. Road Improvements. Prior to issuance of an occupancy permit on the property, the following road improvements shall be provided: A. Construction of an additional lane of pavement along the southbound lanes of Route 10 for the entire length of the property frontage; B. Construction of additional pavement along the southbound lanes of Route 10 at the approved access to provide a separate right turn lane; C. Construction of a sidewalk along the entire property frontage to Route 10 and Jessup Road. The exact design and location of this improvement shall be approved by the Transportation Department; D. Construction of additional pavement Road to provide a five-lane typical two (2) westbound lanes and three lanes) at its intersection with Route design of this improvement shall be a Transportation Department; along Jessup section (i.e. (3) eastbound 10. The exact pproved by the E. Construction of additional pavement along Jessup Road at the approved vehicular access to provide left and right turn lanes; 14-481 06/25/14 F. Full cost of traffic signal modifications at the Route 10/Jessup Road intersection, as determined by the Transportation Department. 12 13. 14 . G. Dedication to Chesterfield County, free and unrestricted, any additional right-of-way (or easements) required for the improvements identified above. (T) Drainage. No impervious surface runoff from the subject site shall be directed toward the existing pond located to the south. (EE) Stormwater. The project stormwater management design shall achieve an attenuation of the ten (10) year peak storm from the developed contributing watershed to the pre-development ten (10) year peak storm for the subject property draining generally to the creek along the north property line. In addition, stormwater management design shall incorporate to the extent feasible, the use of permeable pavement such as permeable concrete, permeable asphalt or permeable paver systems. (EE) Pedestrian walks and amenities shall be provided and maintained between uses. These pedestrian areas shall: A. Be constructed of decorative paving units; B. Include decorative pedestrian style lighting; and, C. Incorporate benches, landscaped areas, plazas, water features, display windows, and other pedestrian elements. The exact design and location of these pedestrian areas shall be approved by the Planning Department at the time of plans review. (P) 15. A schematic plan shall be approved by the Planning Commission prior to site plan approval when land uses require a building permit involving a land area greater than 2,500 square feet. (P) 16. Except for drugstore use which shall be permitted to operate continuously within a twenty-four (24) hour period, uses shall not be open to the public between 12:00 a.m. and 6:00 a.m. (P) 17. Deleted. 18. Deleted. 19. Deleted. 20. Deleted. 21. Dumpsters shall not be serviced between the hours of 7:00 p.m. and 7:00 a.m. (P) 22. No building shall exceed a height of two (2) stories. (P) Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. J J J 14-482 06/25/14 ~a~rrn~~i In Matoaca Magisterial District, Leslie D. and Dawn R. Jones request conditional use to permit a business (group instruction for farming practices) incidental to a dwelling and amendment of zoning district map in an Agricultural (A) District on 3.7 acres known as 9521 Hillhouse Drive. Density will be controlled by zoning conditions or ordinance standards. The Comprehensive Plan suggests the property is appropriate for Suburban Residential II use (2.0 to 4.0 dwellings per acre). Tax ID 741-665-3042. Mr. Ramsey presented a summary of Case 14SN0571 and stated the Planning Commission recommended approval and acceptance of the proffered conditions. He further stated staff recommends denial because the proposed land use does not conform to the Comprehensive Plan which suggests the property is appropriate for Suburban Residential II use (2.0 to 4.0 dwellings per acre), and the proposed land use is not representative of, nor compatible with, existing and anticipated area development. Ms. Dawn R. Jones accepted the recommendation. Mr. Holland called for public comment. Mr. Freddy Boisseau, Bermuda District resident, urged the Board to approve the conditional use request. Mr. Steve Meadows urged the Board to approve the request for farming practices. There being no one else to speak to the issue, the public hearing was closed. In response to Ms. Jaeckle's question, Mr. Ramsey stated there is an existing driveway that wraps around the property with access to Hillhouse Drive. On motion of Mr. Elswick, seconded by Mr. Holland, approved Case 14SN0571 and accepted the following proffered conditions: 1) Non-Transferable Ownership: This conditional use shall be granted to and for Leslie and Dawn Jones, exclusively, and shall not be transferable nor run with the land with the exception of the applicant's son, Eli Jones, provided Eli Jones resides on the property. (P) 2) Use Permitted: This Conditional Use approval shall be for the operation of a business with group instruction, incidental to a dwelling. (P) 3) Time Limitation: This Conditional Use approval shall be granted f or a period not to exceed f ive ( 5 ) years f rom the date of approval. (P) 4) Hours of Operation: Hours of operation shall be limited to 10 a.m. to 6 p.m. daily. (P) 5) Expansion of Use: No new building construction shall be permitted to accommodate this use. (P) 14-483 06/25/14 6) Employees: No employees shall be permitted to work on the premises other than family member employees that live on the premises. (P) 7) Group Instruction: No more than twenty (20) clients shall be permitted on the property at any one time. No more than seven (7) instructional classes shall be held in a week (Monday through Sunday). (P) 8) Signage: One sign, not exceeding one (1) square foot in area, shall be permitted to identify this use. (P) 9) Parking: No more than seven (7) vehicles for clients shall be parked on the premises at any one time. Parking for these vehicles shall be restricted to the area designated as "Proposed Parking Area" on Exhibit A, dated March 13, 2014. (P) Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 18. PUBLIC HEARINGS 18.A. TO CONSIDER AMENDMENTS TO THE STORMWATER MANAGEMENT nR1~TNANCE Mr. Smedley stated this date and time has been advertised for the Board to consider amendments to the stormwater management ordinance. He further stated on April 9, 2014, .the Board adopted a stormwater Management Ordinance in Chapter 8 of the County Code. He stated subsequent to advertising the public notice for those ordinance amendments, Virginia's Department of Environmental Quality notified the county of certain necessary changes to the ordinance arising out of new legislative changes made by the General Assembly in the 2014 legislative session. In summary, he noted these changes incorporate the option of an "agreement in lieu of the stormwater management plan" for single family homes; reduce single family home fees to $209; remove registration statement requirements for all detached single family homes; and require that an approved stormwater management plan shall govern the development of individual parcels within the plan, including parcels developed under subsequent owners. He stated the Virginia Stormwater Management Program requirements go into effect July 1, 2014, so staff recommends the Board approve the ordinance changes after the public hearing. Mr. Holland called for public comment. In response to Mr. Steve Meadows' question regarding state regulations, Mr. Smedley stated SWM fees are not necessarily related to water and sewer connection. He further stated the fee schedule that was adopted was included in the regulatory recommendations. He noted the $209 fee is only for single family homes and large acreages generate increased costs. Mr. Mincks stated most of the fees are already established, with the exception of the $209 fee associated with single family homes. J J J 14-484 06/25/14 In response to Mr. Jesse Williams' question, Mr. Stegmaier noted the $209 for single family homes is a one-time fee. Mr. Smedley stated the $209 fee covers the implementation oversight during new construction to prevent pollutants from entering local water bodies. There being no one else to speak to the issue, the public hearing was closed. On motion of Mr. Warren, seconded by Mr. Elswick, the Board adopted the following ordinance: AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING AND RE-ENACTING SECTIONS 8-2, 8-4, 8-13 AND 8-15 RELATING TO STORMWATER MANAGEMENT BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Sections 8-2, 8-4, 8-13 and 8-15 of the Code of the County of Chesterfield, 1997, as amended, are amended and re- enacted, to read as follows: CHAPTER 8 STORMWATER MANAGEMENT AND WATER QUALITY 000 Article I. Stormwater Management 000 Sec. 8-2. Definitions. In addition to the definitions set forth in the Virginia Stormwater Management Regulations, as amended, which are expressly adopted and incorporated herein by reference, the following words and terms used in this chapter have the following meanings unless otherwise specified herein. Where definitions differ, those incorporated herein shall have precedence. 000 "Agreement in lieu of a stormwater management plan" means a contract between the VSMP authority and the owner or permittee that specifies methods that shall be implemented to comply with the requirements of a VSMP for the construction of a single-family residence; such contract may be executed by the VSMP authority in lieu of a stormwater management plan. 000 Sec. 8-4. Stormwater management program established; submission and approval of plans; prohibitions; owner's responsibility for VSMP Permit. (a) Pursuant to ~ 62.1-44:15:27 of the Code of Virginia, the County hereby establishes a Virginia stormwater management program for land-disturbing activities and adopts the applicable Regulations that specify standards and specifications for VSMPs promulgated by the State Board for the purposes set out 14-485 06/25/14 in section 8-1 of this chapter. The environmental engineer is designated as the Administrator of the County's Virginia stormwater management program. (b) No permit shall be issued by the environmental engineer, until the following items have been submitted to and approved by him as prescribed herein: (1) A permit application that includes a general permit registration statement if such statement is required (e.g., a registration statement is not required for Chesapeake Bay Preservation Act land distributing activity). A single-family detached residential structure within or outside a common plan of development or sale is authorized to discharge under this general permit and is not required to submit a registration statement; (2) An erosion and sediment control plan approved in accordance with the County's Erosion and Sediment Control ordinance, Chapter 8, Article II; and (3) A stormwater management plan that meets the requirements of Section 8-6. Prior to land disturbance, this plan must be approved by the environmental engineer. An executed agreement in lieu of a stormwater management plan may be used for construction of a single family residence. (c) No permit general permit general permit Chesapeake Bay activity or a structure). shall be issued until evidence of coverage is obtained (except when coverage is not required, e.g., Preservation Act land disturbing single family detached residential 000 (h) A stormwater management plan that is approved for a residential subdivision and/or commercial or industrial site plan shall govern the development of the individual parcels within the plan, including those parcels developed under subsequent owners. 000 Sec. 8-13. Appeal to Circuit Court. Any person, including the County, aggrieved by a decision of the Deputy County Administrator made pursuant to section 8-12, may seek judicial review of such decision in the Circuit Court for Chesterfield County in accordance with Va. Code ~ 62.1-44.15:46. 000 Sec. 8-15. Fees (a) Fees to cover costs associated with implementation of a VSMP related to land disturbing activities and issuance of general permit coverage and VSMP authority permits shall be imposed in accordance with Table 1. DEQ may also assess additional fees that the County will J J 14-486 06/25/14 collect on behalf of DEQ. These fees listed below, and any additional fees payable to DEQ, shall be paid prior to the issuance of a land disturbance permit. when a site or sites has been purchased for development within a previously permitted common plan of development or sale, the Applicant shall be subject to fees in accordance with the disturbed acreage of their site or sites according to Table 1. Table 1: Fees for permit issuance Fee to be paid Fee type by Applicant to County. Chesapeake Bay Preservation Act Land- Disturbing Activity (not subject to General Permit coverage; sites within designated areas of Chesapeake Bay Act $209 localities with land-disturbance acreage equal to or greater than 2,500 square feet and less than 1 acre) General / Stormwater Management - Small Construction Activity/Land Clearing (Areas within common plans of development or sale $209 with land disturbance acreage less than 1 acre.) General/ Stormwater Management - All single family detached residential structures within or outside a common plan $209 of development General / Stormwater Management - Small Construction Activity/Land Clearing (Sites or areas within common plans of development or sale with land disturbance $1,944 acreage equal to or greater than 1 acre and less than 5 Acres) General / Stormwater Management - Large Construction Activity/Land Clearing (Sites or areas within common plans of development or sale with land disturbance $2,448 acreage equal to or greater than 5 acres and less than 10 acres) General / Stormwater Management - Large Construction Activity/Land Clearing [Sites or areas within common plans of development or sale with land disturbance $3,240 acreage equal to or greater than 10 acres and less than 50 acres] General / Stormwater Management - Large $4,392 Construction Activity/Land Clearing (Sites 14-487 06/25/14 or areas within common plans of development or sale with land disturbance acreage equal to or greater than 50 acres and less than 100 acres) General / Stormwater Management - Large Construction Activity/Land Clearing (Sites or areas within common plans of $6, 912 development or sale with land disturbance acreage equal to or greater than 100 acres) * If the project is completely administered ny ll~~ sucn as may be the case for a state or federal project or projects covered by individual permits, the entire applicant fee shall be paid to DEQ. (b) Fees for the modification or transfer of registration statements from the general permit issued by the State Board shall be imposed in accordance with Table 2. If the general permit modifications result in changes to Stormwater management plans that require additional review by the County, such reviews shall be subject to the fees set out in Table 2. The fee assessed shall be based on the total disturbed acreage of the site. In addition to the general permit modification fee, modifications resulting in an increase in total disturbed acreage shall pay the difference in the initial permit fee paid and the permit fee that would have applied for the total disturbed acreage in Table 1. 000 (2) That this ordinance shall become effective on July 1, 2014. Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 18.B. TO CONSIDER AMENDMENTS TO THE COUNTY CODE RELATIVE TO NATURAL RESOURCE INVENTORY SUBMITTAL Mr. Cash stated this date and time has been advertised for the Board to consider amendments to the County Code relative to natural resource inventory submittal. He further stated the current ordinance requires a Natural Resource Inventory (NRI) be submitted for all applications for rezoning, conditional use, conditional use planned development, and conditional zoning in the Upper Swift Creek Watershed with three available exemptions to the NRI requirement. Mr. Holland called for public comment. In response to Mr. Steve Meadows' question, Mr. Smedley stated an example of a case that precipitated the change would be a retail site that was fully developed in the Upper Swift Creek Watershed; based on the ordinance the way it is written now, there would be a requirement to complete the Natural Resource Inventory Assessment and it would have no impact on any environmental features in the area. He further stated that requirement really was not material to the case J J J 14-488 06/25/14 moving forward. He stated the inventory includes an assessment of wetlands, 100-year floodplains, slopes greater than 25 percent, soil groups, threatened endangered species, greenways, abandoned or existing mines or quarries, and historical archeological sites. In response to Mr. Warren's question, Mr. Mincks stated ultimately it is a planning process to determine stormwater mitigation features or it can be done in conjunction with BMP planning in the Upper Swift Creek Watershed. Mr. Smedley stated the reason for change was to not require something that was not going to be material to the case. Mr. Elswick commended Mr. Smedley for his common sense approach to SWM issues and stated he cannot remember the last time he received a complaint against the Department of Environmental Engineering. There being no one else to speak to the issue, the public hearing was closed. On motion of Mr. Warren, seconded by Mr. Elswick, the Board adopted the following ordinance: AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING AND RE-ENACTING SECTION 19-238 RELATING TO NATURAL RESOURCE INVENTORY IN THE UPPER SWIFT CREEK WATERSHED BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Section 19-238 of the Code of the County of Chesterfield, 1997, as amended, is amended and re-enacted to read as follows: Sec. 19-238. Development regulations. Any use, development or redevelopment of land in the Upper Swift Creek Watershed shall meet the following performance criteria: 0 0 0 (e) An application for rezoning, conditional use, conditional use planned development, and conditional zoning in the Upper Swift Creek Watershed shall include a natural resource inventory for the proposed development site except as set forth below. The natural resource inventory is a planning level tool used for the analyses of the project area to enable future development the opportunity to incorporate stormwater mitigation and conservation designs while avoiding sensitive environmental features for the protection of their role as it relates to water quality. The information may be used for the project's overall stormwater management plan and should protective measures or non-structural stormwater practices be found beneficial to water quality and acceptable in the form of a proffered condition, the director of 14-489 06/25/14 environmental engineering at construction plan or site plan review may credit the resulting stormwater benefits towards the project's required pollutant load reduction. (1) An application is exempt from the requirement to provide a natural resource inventory when: a. Land disturbance of the proposed development site will be less than 2,500 square feet in area; b. It proposes only the construction of a single family residential dwelling that is not part of a subdivision; c. It seeks only construction of water, sewer, natural gas, underground telecommunications or cable television lines, railroads, or public roads; d. The proposed development site already has existing development such that, in the discretion of the director of environmental engineering, a natural resource inventory is unnecessary to evaluate the application; or e. The request is to amend a condition or conditions of a prior zoning approval where the director of environmental engineering determines that: i. the amendment does not substantially alter the natural resource inventory provided with the original zoning approval; or ii. the required natural resource inventory components have been substantially addressed through previous development or zoning approval. 0 0 0 (2) That this ordinance shall become effective immediately upon adoption. Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 18.C. TO CONSIDER AMENDMENTS TO THE COUNTY CODE RELATIVE TO WIND ENERGY SYSTEMS Mr. Cash stated this date and time has been advertised for the Board to consider amendments to the County Code relative to wind energy systems. He further stated at the direction of the Planning Commission, staff prepared an amendment to Wind Energy System (WES) requirements to provide additional setback provisions for the use when located on county owned or maintained property to provide a fall zone to prevent harm to the public. In addition, he stated certain other changes to the ordinance have been provided to comply with industry rating standards and to clarify measurement of height for the use. J J J 14-490 06/25/14 Mr. Holland called for public comment. 1~.. In response to Mr. Steve Meadows' questions, Mr. Cash stated the specific provision about the setback only applies to county property. He further stated general turbines are typically used for residential or agricultural provisions. He stated Wind Energy System shall be located on a lot that is a minimum of 5 acres with a maximum height of 75 feet and shall be limited to a maximum power generation of 10 kilowatts for residential or agricultural districts and 100 kilowatts for commercial and industrial districts. He noted the use is limited to one per parcel. In response to Mr. Elswick's question, Mr. Cash stated the WES proposed for Clover Hill High School has already been approved. He further stated the Planning Commission had concerns relative to possible hazards during storm events. There being no one else to speak to 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 SECTIONS 19-65 AND 19-131 RELATING TO WIND ENERGY SYSTEMS BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Sections 19-65 and 19-131 of the Code of the County of Chesterfield, 1997, as amended, are amended and re-enacted to read as follows: Sec. 19-65. Uses permitted with certain restrictions. The following uses shall be permitted in the R-88 District subject to compliance with the following conditions and other applicable standards of this chapter. If these restrictions cannot be met, these uses may be allowed by conditional use, subject to section 19-13: 0 0 0 (h) Wind Energy Systems (WES) provided that: (1) WES shall be located on a lot that is a minimum of 5 acres; (2) WES shall be located in the rear yard; (3) WES shall have a rated capacity of no greater than 10 kilowatts (kW); (4) WES shall be limited to 1 per lot; (5) WES height, as determined by measuring from ground to highest point of WES including blade sweep, shall not exceed 10 feet for each complete acre of land in the lot where the WES is to be located, to a maximum of 75 feet; (6) for a freestanding WES, the lowest point of the blade sweep shall be at least 20 feet from the ground; (7) a freestanding WES shall be located on the 14-491 06/25/14 lot it is intended to serve and shall be setback as follows: a. a minimum of 2 times the WES height from any property line and b. if located on property owned or maintained by Chesterfield County, a minimum of 1.1 times the WES height from any of the following located on the property: building open to the general public, parking lot, playground, recreational field or similar area designed to facilitate the gathering of people. (8) WES noise level shall not exceed 60 decibels as measured from the closest property line. The level may be exceeded during short-term events such as utility outages and/or severe wind storms; (9) WES shall not include a guy-wired or lattice tower; (10) WES shall not be artificially lighted unless required by the nFederal Aviation Administration or appropriate authority; (11) the base of the WES tower shall incorporate measures to prevent unauthorized personnel from ascending the tower for a distance of 12 feet from grade; (12 ) at such time as the WES ceases to be used for its intended purpose for a period exceeding 12 consecutive months, such WES shall be dismantled, and it and all associated equipment removed from the property; and (13) The applicant shall comply with all applicable federal, state, and local laws, ordinances and regulations. (14) WES may be roof mounted provided that: a. the WES will be mounted to a principal or accessory building on the property it is intended to serve, b. the lowest point of the blade sweep shall be 10 feet above the height of the building being mounted to; and c. the WES height, as determined by measuring from the ground to the highest point of WES including blade sweep, does not exceed height restrictions set forth in section 19-556 for the principal or accessory building on which it is mounted. 0 0 0 Sec. 19-131. Uses permitted with certain restrictions. The following uses shall be permitted in the 0-1 District subject to compliance with the following conditions and other applicable standards of this chapter. If the following restrictions cannot be met, these uses may be allowed by conditional use, subject to section 19-13: J J 14-492 06/25/14 0 0 0 (1) wind Energy Systems (WES), provided that: (1) a site plan shall be required in accordance with sections 19-263 to 19-272, as applicable; (2) WES shall be located on a lot that is a minimum of 5 acres; (3) WES is freestanding and the WES height, as determined by measuring from the ground to the highest point of the WES including blade sweep, shall not exceed 10 feet for each complete acre of land in the lot where the WES is to be located to a maximum of 75 feet; (4) Guy-wired or lattice towers shall be .prohibited; (5) WES shall be setback: a. a minimum of 2 times the WES height from any property line; and b. if located on property owned or maintained by Chesterfield County, a minimum of 1.1 times the WES height from any of the following located on the property: building open to the general public, parking lot, playground, recreational field or similar area designed to facilitate the gathering of people. (6) wES shall not be lighted unless required by the Federal Aviation Administration or appropriate authority; (7) WES shall be limited to 1 per lot, and shall be sited on the lot it is intended to serve; (8) standards for locating WES shall comply with the adopted tower siting policy, as applicable; (9) the base of the WES tower shall incorporate measures to prevent unauthorized personnel from ascending the tower for a distance of 12 feet from grade; (10) WES shall be limited to a maximum power generation of 100 kilowatts (kW); (11) WES shall comply with all applicable federal, state, and local laws, ordinances and regulations; and (12) at such time as the WES ceases to be used for its intended purposes for a period exceeding 12 consecutive months, such WES shall be dismantled and it and all associated equipment removed from the property. (2) That this ordinance shall become effective immediately upon adoption. Ayes: Holland, Jaeckle, Warren and Gecker. Nays: Elswick. 14-493 06/25/14 18.D. TO CONSIDER APPROPRIATION OF EMPLOYER AND EMPLOYEE CONTRIBUTIONS FOR BOTH THE COUNTY AND SCHOOLS IN THE RECENTLY CREATED HEALTHCARE FUND Mr. Carmody stated this date and time has been advertised for the Board to consider appropriation of employer and employee contributions for both the county and schools in the recently created healthcare fund. He further stated effective January 1, 2014, the county and schools transitioned to a self- insurance healthcare plan that allows the county to pay claims and third party administrative fees. Mr. Holland called for public comment. There being no one to speak to the issue, the public hearing was closed. On motion of Mr. Warren, seconded by Mr. Holland, the Board approved increasing appropriations by $49,000,000 for the self-insurance healthcare plan revenues and expenses. Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 18.E. TO CONSIDER AMENDMENTS TO THE COUNTY CODE RELATIVE TO MANDATORY UTILITY CONNECTIONS Mr. Cash stated this date and time has been advertised for the Board to consider amendments to the County Code relative to mandatory utility connections. He further stated in March 2014 the Board adopted amendments to the Utilities Ordinance relating to the required use of public water and wastewater. He stated this year the General Assembly amended the Code of Virginia to provide that the county cannot require preliminary plat review for subdivisions of 50 or fewer lots, although the developer may still choose to go through the preliminary plot process. He further stated this change in law may lead to certain subdivisions being developed without having been reviewed through the preliminary plat process of the Subdivision Ordinance and as a result could make such development exempt from the mandatory connection requirements of the Utilities Ordinance as currently written. He stated the proposed amendment would amend the Utilities Ordinance to provide that lot subdivisions connect to public utilities whether receiving approval through preliminary plat or approval through final plat if the applicant chooses not to submit a preliminary plat. Mr. Holland called for public comment. In response to Mr. Warren's question, Mr. Cash stated the change to the state code allows a developer to apply for certain subdivision approval without going through a preliminary plat process. He further stated previous county code amendments mandated that lots within lot subdivisions receiving preliminary plat approval be required to connect to public water and wastewater within certain designated areas. Mr. Stegmaier stated the change in the state code created a loophole for individuals to get through in violation with the J 14-494 06/25/14 plan. He noted the ordinance would close that loophole. In response to Ms. Jaeckle's question, Mr. Cash stated the requirement for connection has been established for quite some time. He noted that previously, lot subdivision applications had to go through the preliminary plat process, and the revision in state code allows an applicant to bypass the process, but still be subject to other development requirements. Ms. Jaeckle she stated there should always be exceptions where a requirement turns out to be quite unreasonable for someone who does have a perfect lot to connect to sewer and could be astronomically expensive. Mr. Cash stated there are some exceptions built into the ordinance. There being no one to speak to the issue, the public hearing was closed. On motion of Mr. Elswick, seconded by Mr. Warren, 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 18-60 RELATING TO REQUIRED USE OF UTILITY SYSTEM BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Section 18-60 of the Code of the County of Chesterfield, 1997, as amended, is amended and re-enacted to read as follows: Sec. 18-60. Required Use of Utility System. 000 A. Residential. For the purposes of this section, the term "dwelling unit" shall be as defined in Chapter 19 and shall not include a dwelling unit that is being rebuilt due to damage by fire, flood, explosion, earthquake, storm or other act of God provided such reconstruction occurs within 2 years of the damage. 1. Public Water System. Connection to the public water system shall be required for new dwelling units when: a) property line is within 200 feet of a water line unless the required on-site service line is greater than 400 feet; b) located within a lot subdivision recorded with requirement for connection; c) located within a lot subdivision which is located in the area shown as "Required" on the Residential Public Water Connection Area on the GIS map that receives after March 12, 2014 either (i) preliminary plat approval or (ii) final plat approval where there are 50 or fewer lots and the subdivider has chosen not to submit a preliminary plat; or d) located in a multifamily development. 14-495 06/25/14 2. Public Wastewater System. Connection to the public wastewater system shall be required for new dwelling units when: a) property line is within 200 feet of a wastewater line unless the required on-site service line is greater than 400 feet; b) located within a lot subdivision recorded with requirement for connection; c) located within a lot subdivision which is located in the area shown as "Required" on the Residential Public Wastewater Connection Area on the GIS map that receives after March 12, 2014 either (i) preliminary plat approval or (ii) final plat approval where there are 50 or fewer lots and the subdivider has chosen not to submit a preliminary plat; or d) located in a multifamily development. 000 (2) That this ordinance shall become effective immediately upon adoption Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 18.F. TO CONSIDER THE CONVEYANCE OF RIGHT OF WAY TO THE COMMONWEALTH OF VIRGINIA, DEPARTMENT OF TRANSPORTATION, FOR THE JEFFERSON DAVIS HIGHWAY (ROUTE 1) ROAD IMPROVEMENT PROJECT Mr. Harmon stated this date and time the Board to consider the conveyance Commonwealth of Virginia, Departments the Jefferson Davis Highway (Rout Project . Mr. Holland called for public comment. has been advertised for of right of way to the of Transportation, for e 1) Road Improvement There being no one to speak to the issue, the public hearing was closed. On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board approved the conveyance of right of way to the Commonwealth of Virginia, Department of Transportation, for the Jefferson Davis Highway (Route 1) Road Improvement Project, and authorized the Chairman of the Board and County Administrator to execute the deed. Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 19. REMAINING MANUFACTURED HOME PERMITS AND ZONING REQUESTS There were no remaining requests for manufactured home permits or rezoning at this time. J J J 14-496 06/25/14 20. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED Ayes Nays Mr. Rodney Martin addressed the Board relative to pupil- teacher ratio. The following item was moved by the Chairman to the end of the evening agenda to follow Item 20.: 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 Mr. Warren, 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 Mr. Warren, seconded by Mr. Holland, 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 provided 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 matter 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. 21. ADJOURNMENT On motion of Mr. Holland, seconded by Mr. Warren, the Board adjourned at 8:41 p.m., until July 23, 2014. MATTERS Holland, Elswick, Jaeckle, Warren and Gecker. None. mes t ma' r Count dministrator iZ-i.7 / 06/25/14 J J J