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2014-08-27 MinutesBOARD OF SUPERVISORS MINUTES August 27, 2014 Supervisors in Attendance: Staff in Attendance: Mr. James M. Holland, Chairman Mr. Greg Akers, Dir., Mr. Stephen A. Elswick, Vice Chrm. Internal Audit Ms. Dorothy A. Jaeckle Mr. Mike Bacile, Dir., Mr. Arthur S. Warren Purchasing Mr. Daniel A. Gecker Dr. Sheryl Bailey, Dep. County Administrator, Mr. James J. L. Stegmaier Management Services County Administrator Ms. Janice Blakley, Clerk to the Board Mr. Kevin Bruny, Chief Learning Officer Ms. Debbie Burcham, Exec. Dir., Community Services Board Mr. Allan Carmody, Dir., Budget and Management Ms. Jana Carter, Dir., Juvenile Services Mr. Barry Condrey, Chief Information Officer IST Ms. Mary Ann Curtin, Dir., Intergovtl. Relations Mr. Jonathan Davis, Dir., Real Estate Assessment Mr. Will Davis, Dir., Economic Development Mr. William Dupler, Dep. County Administrator, Community Development Colonel Thierry Dupuis, Police Department Mr. Michael Golden, Dir., Parks and Recreation Mr. John W. Harmon, Real Property Manager Mr. George Hayes, Asst. Dir Utilities Mr. Louis Lassiter, Asst. County Administrator Mr. Rich Leonard, Chief of Admin Services, Environmental Engineering Ms. Susan Pollard, Dir., Public Affairs Ms. Mary Martin Selby, Dir., Human Resource Services Mr. Jeffrey L. Mincks, County Attorney Chief Loy Senter, Fire and EMS Ms. Marsha Sharpe, Dir., Social Services Ms. Sarah Snead, Dep. County Administrator, Human Services 14-567 08/27/14 Mr. Richard Troshak, Dir., Emergency Communications Mr. Kirk Turner, Dir., Planning Mr. Scott Zaremba, Dir., Human Resource Programs Mr. Holland called the regularly scheduled meeting to order at 3:00 p.m. 1. APPROVAL OF MINUTES FOR JULY 23, 2014 On motion of Mr. Gecker, seconded by Mr. Elswick, the Board approved the minutes of July 23, 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 introduced Colonel Jeffrey Carter, from the 59th Ordnance Brigade and Lieutenant Colonel Susan E. Manion, from the 16th Ordnance Battalion who have taken over for Lieutenant Colonel Carozza and Colonel Rivard as top leaders at Fort Lee. Mr. Holland welcomed Colonel and expressed his appreciation community contributions. Carter and Lt. Colonel Manion for their military service and Mr. Elswick and Mr. Warren also welcomed Colonel Carter and Lt. Colonel Manion, expressed appreciation for their service to county citizens and stated the Board looks forward to working with them in future endeavors. • Mr. Stegmaier reported National Night Out occurred on Tuesday August 5, 2014, and was a resounding success with 100 block parties being conducted across the county. He stated the Chesterfield County Police Department along with its public safety partners, the Chesterfield County Fire Department and Sheriff's Office, as well as county leaders joined citizens and businesses in a "night out" against crime. • Mr. Stegmaier announced that earlier this month the new Intermediate Care Facility - Galloway Place was opened to provide care and housing to 12 residents who need a level of care not available in group homes. He recognized the Board of Supervisors, Community Services Board and staff who have worked tirelessly on the project with the state and others to see this dream become a reality. Ms. Jaeckle noted parents of adult children who were moved outside of the area due to the closing of Southside Training Center, are now able to have their family members closer to home because of the opening of the new Intermediate Care Facility. 14-568 J J J 08/27/14 • Mr. Stegmaier was pleased to report that Mr. Hugh Cline and his team with the Chesterfield Center for the Arts Foundation have raised a substantial amount of funding and pledges towards the Chesterfield Arts Center. He stated this is a very positive sign of the broader community's support for this venue. He further stated the county will be planning to move forward with plans for the design of the facility. Mr. Holland and Ms. Jaeckle commended and recognized members of the Chesterfield Center for the Arts Foundation, who were in attendance. 2.B. SPORTS TOURISM UPDATE Mr. Jon Lugbill, Executive Director with Sportsbackers, updated the Board on sports tourism in Chesterfield County and the surrounding region. He stated economic impact has increased and is up $3.5 million from the year before. He further stated the growth rate is very substantial and results in direct revenue for the county. He reviewed some of the events held in Chesterfield in FY2013-2014 and presented information regarding a number of new facilities that have been developed and are being developed and improved within the county. He noted high quality facilities and venues attract and retain premiere sports tourism events. In closing, he stated promoting sports tourism and encouraging active lifestyles can result in tremendous benefits to the well-being of the community. Mr. Holland expressed appreciation to Mr. Lugbill for his outstanding presentation. He recognized members of Richmond Region Tourism, who were in attendance. Ms. Jaeckle stressed the importance of upgrades to county facilities and the benefits sporting attractions bring to the citizenry. She commended the organization's initiative to encourage young persons to engage in healthy lifestyles. In response to Mr. Elswick's question, Mr. Lugbill stated our area is a great geographical location for lacrosse. He stressed the importance of maintaining quality facilities in order to keep a competitive advantage among other states. He noted the Clover Hill Athletic Complex facility is heavily used and under a lot of stress and River City Sportsplex is still under construction. Mr. Elswick stated he is looking forward to utilizing the five-mile bike trails at Pocahontas State Park. Mr. Warren commended Mr. Lugbill on his achievements and the economic impact success of sporting events in the county. He stressed the importance of the maintenance and upkeep of current facilities. Mr. Stegmaier stated the benefits of sporting events go far beyond additional sales tax revenue and include improved health of the community; interest in the community on the part of all the citizens; the ability of businesses to recruit the kinds of employees they want because the county is providing this type of lifestyle and culture; and reduced healthcare costs. He further stated the benefits from this effort are huge and cross many different functions of the community and county government. 14-569 08/27/14 3. BOARD MEMBER REPORTS Mr. Holland announced he attended National Night Out on August 5, 2014. He stated he made fifteen visits to various Dale District neighborhoods. 4. REQUESTS TO POSTPONE AGENDA ITEMS AND ADDITIONS, DELETIONS OR CHANGES IN THE ORDER OF PRESENTATION Ms. Jaeckle expressed concerns relative to the absence of an agenda item for appointment to the Social Services Board. She stated there was an application submitted by a School Board member, who she feels is highly qualified for the position. She noted this is the second month that Chesterfield County does not have full representation on the Social Services Board. Mr. Warren made a motion to approve the addition of Item 8.C.16., Authorize the Receipt and Appropriation of 2011 State Homeland Security Grant Funds from the Department of Homeland Security to Manage a Regional Project for the Central Virginia All-Hazards Incident Management Team, and adopt the agenda, as amended. Mr. Gecker indicated he felt Ms. Jaeckle's item relative to an appointment to the Social Services Board should be added to today's agenda. He inquired about the delay of action. Mr. Holland noted there was some unreadiness on the Board regarding the decision to appoint. He stated the decision needs more reflection. Ms. Jaeckle stated she believes the delay of action to appoint is a disservice to the Social Services Board. In response to Mr. Gecker's question, Ms. Jaeckle stated she would be inclined to make a motion to incorporate the item into the agenda. Mr. Holland expressed appreciation for Ms. Jaeckle's recommendation; however, he urged the Board to delay consideration of an appointment in order to contemplate the decision. He stressed the importance of a unanimous conclusion made by the Board. Mr. Gecker pointed out an addition of the item could be approved by a majority vote. He noted Ms. Jaeckle's desire to reach an agreement today. Mr. Warren stated he has not heard from any of the candidates or had a chance to interview for the position. He further stated he was not inclined to appoint any members at this time. Ms. Jaeckle emphasized that information relative to vacancies on the Social Services Board was distributed over a month ago. She noted the activeness of the board, which meets monthly. Discussion ensued relative to Board members' decisions to appoint to the Social Services Board. 14-570 J J J 08/27/14 Mr. Holland noted he directed the County Administrator and the County Attorney in January to look at the functionality of all county Boards and Commissions. Ms. Jaeckle indicated that the Social Services Board operates through a state statute. Mr. Holland reiterated his decision to delay consideration of an appointment to the Social Services Board. Mr. Elswick seconded Mr. Warren's motion. Mr. Holland called for the vote on the motion made by Mr. Warren, seconded by Mr. Elswick, for the Board to add Item 8.C.16., Authorize the Receipt and Appropriation of 2011 State Homeland Security Grant Funds from the Department of Homeland Security to Manage a Regional Project for the Central Virginia All-Hazards Incident Management Team, and adopt the agenda, as amended. Ayes: Holland, Elswick and Warren. Nays: Jaeckle, Gecker. 5. RESOLUTIONS AND SPECIAL RECOGNITIONS 5.A. RECOGNIZING THE 2014 NATIONAL ASSOCIATION OF COUNTIES (NACO) AND VIRGINIA ASSOCIATION OF COUNTIES (VACO) ACHIEVEMENT AWARD WINNERS Mr. Lassiter stated Chesterfield County is the recipient of 15 Achievement Awards from the National Association of Counties (NACo) this year for innovative programs and services. The following recipients were recognized by Mr. Holland and Mr. Stegmaier, and department representatives were presented with the 2014 NACo Achievement Awards: DEPARTMENT PROJECT Center for Organizational Excellence County Attorney Economic Development General Services Human Resource Management Information Systems Technology 14-571 Taking the Leadership Challenge Streamlining Collections Annual Empowering Neighborhoods Forum Managing Fleet Environmental Wastes to Mitigate Our Impacts Sustainable Fleet Vehicle Replacement Program Conflict Competence and Coaching: Building a Problem Solving Workplace CountyGIS SWIFT (Storm Water Information Tracker) 08/27/14 Libraries Mental Health Support Services Planning Department Real Estate Assessor's Office Social Services Utilities Department Real Estate Assessor's Office CCPL Job Skills Technology Program Teen Ambassador Program Community Development Information System (CD I; Zoning Application County-Wide Inspection Project Ettrick Community Medication Assistance Methane Optimization Program Building Trust with Customers County-Wide Inspection Project Mr. Dean Lynch, Deputy Executive Director for VACo, presented the two VACo Achievement Awards for the Whack-A-Watt and County-Wide Inspection Projects. Mr. Holland and Mr. Stegmaier congratulated and commended each department on their prestigious recognitions. 5.B. RECOGNIZING MEMBERS OF THE SOCIAL SERVICES BOARD FOR THEIR OUTSTANDING SERVICE Ms. Sharpe introduced Mr. Dean Lynch and Ms. Susie Brown, who were present to receive the resolutions. On motion of Mr. Holland, seconded by Mr. Warren, the Board adopted the following resolution: WHEREAS, the Chesterfield-Colonial Heights Social Services Board is a citizen board established by the Code of Virginia, responsible for oversight and policy guidance to the department in its pursuit of excellence in providing services to individuals, families and the community; and WHEREAS, Mr. Dean A. Lynch was appointed by the Chesterfield County Board of Supervisors to serve on the Chesterfield-Colonial Heights Board of Social Services in July 2006 and continued in this role until June 2014, having served a total of eight years; and WHEREAS, Mr. Lynch served capably as Chair of the Chesterfield-Colonial Heights Department of Social Services Board from July 2011 through June 2014, 1St Vice-Chair from July 2009 through June 2011, and 2nd Vice-Chair from July 2007 through June 2009; and 14-572 J J J 08/27/14 WHEREAS, Mr. Lynch is a tireless and strong advocate for departmental needs and continuously demonstrates support of and a commitment to all employees of the Chesterfield- Colonial Heights Department of Social Services, consistently taking time to recognize and express interest in employees; and WHEREAS, during the tenure of Mr. Lynch, the department has continued to strive for excellence and engage in a process of continuous improvement, such as the department's leadership in the statewide Children's Service System Transformation, success in recruiting foster and adoptive families, ensuring permanency for children through foster care prevention, reunification or adoption; and WHEREAS, while Mr. Lynch served on the Board the department experienced unprecedented growth in the number of residents requesting services and at the same time the department has continued to provide excellent services to residents and has adopted the goal of developing community partnerships as a priority; and WHEREAS, Mr. Lynch is genuinely interested in the protection and well-being of all citizens in Chesterfield and Colonial Heights with a particular commitment to children, the elderly and disabled; and WHEREAS, Mr. Lynch has brought considerable knowledge of the delivery of human services in the Commonwealth of Virginia and at the local government level to his service on the Board; and WHEREAS, Mr. Lynch is a pleasure to know and to work with, and as a Board member has been dedicated throughout his tenure and will be missed. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 27th day of August 2014, publicly recognizes and commends Mr. Dean A. Lynch for his commitment and outstanding service to the Social Services Board and to the citizens of Chesterfield and Colonial Heights. AND, BE IT FURTHER RESOLVED that a copy of this resolution be presented to Mr. Lynch, 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. On motion of Mr. Holland, seconded by Mr. Elswick, the Board adopted the following resolution: WHEREAS, the Chesterfield-Colonial Heights Social Services Board is a citizen Board established by the Code of Virginia, responsible for oversight and policy guidance to the department in its pursuit of excellence in providing services to individuals, families and the community; and WHEREAS, Mrs. Susie W. Brown was appointed by the Chesterfield County Board of Supervisors to serve on the Chesterfield-Colonial Heights Board of Social Services in July 2006 and continued in this role until June 2014, having served a total of eight years; and 14-573 08/27/14 WHEREAS, Mrs. Brown served capably as 2nd Vice-Chair of the Chesterfield-Colonial Heights Department of Social Services Board from July 2011 through June 2014; and WHEREAS, Mrs. Brown is a steadfast advocate for employees of the department, welcoming new employees and assisting in hosting employee recognition events, as well as advocating for departmental needs; and WHEREAS, during the tenure of Mrs. Brown, the department has continued to strive for excellence in service to the residents during a period of unprecedented growth in the number of residents requesting services and during a period of changing social work practices in the child welfare field; and WHEREAS, Mrs. Brown supported foster parents, children in foster care, and department volunteers by her presence at several recognition events; and WHEREAS, Mrs. Brown is committed to serving her community in a variety of ways and tirelessly advocates for the protection and well-being of vulnerable individuals; and WHEREAS, Mrs. Brown brought considerable knowledge of the community to her service on the Board; and WHEREAS, Mrs. Brown is a pleasure to know and to work with, and as a Board member has been dedicated throughout her tenure and will be missed. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 27th day of August 2014, publicly recognizes and commends Mrs. Susie W. Brown for her commitment and outstanding service to the Social Services Board and to the citizens of Chesterfield and Colonial Heights. AND, BE IT FURTHER RESOLVED that a copy of this resolution be presented to Mrs. Brown, 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 Mrs. Brown and Mr. Lynch with their executed resolutions and highly praised them for their dedication, commitment and outstanding service to the Social Services Board and the citizens of the county. Ms. Jaeckle stressed the importance of filling Social Service Department positions and commended the leadership of Mr. Lynch and Mrs. Brown. Mr. Elswick and Mr. Gecker also commended Mr. Lynch and Mrs. Brown for their leadership and dedication to the Social Services Board and Chesterfield County. Mrs. Brown and Mr. Lynch expressed their appreciation to the Board for the special recognition. 6. WORK SESSIONS There were no Work Sessions at this time. 14-574 J J J 08/27/14 7. DEFERRED ITEMS 7.A. EXCHANGE OF PARCELS OF LAND AND RELOCATION OF INGRESS AND EGRESS EASEMENTS IN MAGNOLIA GREEN Mr. Dupler stated staff recommends that the Board defer the item to the November 19, 2014 meeting or until the Magnolia Green Community Development Authority memorandum of understanding is complete. He further stated if the Board chose to take no action today, the item would come back before the Board in the future. Mr. Elswick recommended that no action be taken. There was no action taken. 8. NEW BUSINESS 8.A. APPOINTMENTS On motion of Mr. Gecker, seconded by Mr. Elswick, the Board suspended its rules to allow simultaneous nomination /appointment/reappointment of members to the Towing Advisory Board, Youth Services Citizen Board and the Citizen's Budget Advisory Committee. Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 8.A.1. TOWING ADVISORY BOARD On motion of Mr. Warren, seconded by Mr. Gecker, the Board simultaneously nominated/appointed Sergeant Jennifer Layne Hellerstedt to serve on the Towing Advisory Board, who serves at the pleasure of the Board. Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 8.A.2. YOUTH SERVICES CITIZEN BOARD On motion of Mr. Gecker, seconded by Mr. Warren, the Board simultaneously nominated/appointed/reappointed the following students to the Youth Services Citizen Board, whose terms are effective September 1, 2014 through June 30, 2015: Mr. Bryce Badura Ms. Blake Mogel Ms. Cameron Lee Lewis Ms. Blair Nicol Ms. Rikki Walters Ms. Lyndsey "Morgyn" Hill Ms. Neonna Ferebee Ms. Khudai Tanveer Ms. Anna Catherine Hilton Mr. Drew Birchmeier Ms. Aaron Davis Ms. Aaliyah McLean Ms. Tallyn Clark Ms. Kasi Farmer Clover Hill District Clover Hill District Clover Hill District Clover Hill District Dale District Dale District Dale District Dale District Matoaca District Matoaca District Matoaca District Matoaca District Matoaca District Matoaca District 14-575 08/27/14 Ms. Haley Randall Mr. Josh Lee Midlothian District At-Large Representative And, further, the Board appointed Ms. Portia Allman and Ms. Virginia Melton (Dale District), Mr. James Albertson (Matoaca District) and Mr. Joel McCormick (Midlothian District) to the Youth Services Board, whose terms are effective September 1, 2014 through June 30, 2017. Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 8.A.3. CITIZEN'S BUDGET ADVISORY COMMITTEE On motion of Mr. Holland, seconded by Ms. Jaeckle, the Board simultaneously nominated/appointed Mr. Steven C. Mulroy, as an at-large member of the Citizen's Budget Advisory Committee, whose term is effective immediately and will expire on September 30, 2016. And, further, the Board nominated/reappointed Mr. John V. Hilliard Jr., Mr. Richard M. Jacobs and Mr. Brian S. Harding, as at-large members of the Citizen's Budget Advisory Committee, whose terms are effective immediately and will expire on September 30, 2015. And, further, the Board nominated/reappointed Mr. William J. Coronado and Mr. Jack R. Bettin, as at-large members of the Budget Advisory Committee, whose terms are effective immediately and will expire on September 30, 2016. Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 8.B. STREETLIGHT COST APPROVAL On motion of Ms. Jaeckle, seconded by Mr. Warren, the Board approved the following streetlight installation: Bermuda District • In the Duxton at Longmeadow subdivision In the vicinity of 13712 Duxton Drive Cost to install streetlight: $611.60 Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 8.C. CONSENT ITEMS 8.C.1. ADOPTION OF RESOLUTIONS 8.C.l.a. RECOGNIZING BRYANT AND STRATTON COLLEGE ON ITS 160TH ANNIVERSARY On motion of Mr. warren, seconded by Ms. Jaeckle, the Board adopted the following resolution: WHEREAS, in 1854, Bryant & Stratton College was founded by H.D. Stratton and J.C. Bryant with the purpose of providing practical workplace education; and 14-576 J J J 08/27/14 WHEREAS, for more than a century and a half, Bryant & Stratton College's fundamental mission has been to develop employable graduate professionals by providing them with essential skills that are immediately transferable to the workplace and to help them advance in their careers; and WHEREAS, Bryant & Stratton has evolved into a regionally-accredited educational institution poised for the 21st century, offering associate's, bachelor's and online degree programs; and WHEREAS, Bryant & Stratton is a private career college that offers a wide range of in-demand degree programs and fully supports its students every step of the way from their enrollment to graduation. WHEREAS, Bryant & Stratton College is dedicated to career education that enables today's students to be prepared, not only for a career upon graduation, but also for a continuum of career-focused learning; and WHEREAS, among its 19 campuses located across the nation, Bryant & Stratton College has a successful location in Chesterfield County on Hull Street Road; and WHEREAS, for years, the college has had a significant, positive impact on its students, the Richmond region and in Chesterfield County; and WHEREAS, the college also has been involved in helping people and the community, in Chesterfield County and in other states. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, on behalf of the citizens of Chesterfield County, congratulates Bryant & Stratton College on the occasion of its 160th anniversary, and wishes the college and its students continued success in all their endeavors. Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 8.C.l.b. RECOGNIZING COUNTY EMPLOYEES UPON THEIR RETIREMENT 8.C.1.b.1. MRS. JOYCE V. AYSCUE, DEPARTMENT OF GENERAL SERVICES, ADMINISTRATIVE DIVISION On motion of Mr. Warren, seconded by Ms. Jaeckle, the Board adopted the following resolution: WHEREAS, Mrs. Joyce V. Ayscue was hired by Chesterfield County, Department of General Services in June 1981, as a landfill attendant in the Solid Waste Division; and WHEREAS, in November 1997, Mrs. Ayscue was promoted to a senior landfill attendant; and WHEREAS, in November 1999, Mrs. Ayscue became a customer service representative; and WHEREAS, Mrs. Ayscue demonstrated her commitment to the county and contributed to a positive work environment; and WHEREAS, Mrs. Ayscue was always willing to assist the members of the team by sharing her knowledge and skills; and 14-577 08/27/14 WHEREAS, Mrs. Ayscue always displayed a positive attitude when responding to the concerns of customers; and WHEREAS, Mrs. Ayscue was polite and courteous to customers and presented herself in a professional manner; and WHEREAS, Mrs. Ayscue organized and prioritized tasks to ensure assignments were completed in a timely manner; and WHEREAS, Mrs. Ayscue contributed towards the goals of Total Quality Improvement by always looking for ways to improve services and work efficiently for the citizens of Chesterfield County; and WHEREAS, Mrs. Ayscue received several awards for her team spirit and cooperation from her co-workers; and WHEREAS, Mrs. Ayscue provided quality service while adhering to ethical standards of behavior; and WHEREAS, Mrs. Ayscue supported the county goals, values and objectives through teamwork and professionalism. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes the outstanding contributions of Mrs. Joyce V. Ayscue, 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.2. MS. ROSA A. JOHNSON, DEPARTMENT OF GENERAL SERVICES, BUILDINGS AND GROUNDS DIVISION On motion of Mr. Warren, seconded by Ms. Jaeckle, the Board adopted the following resolution:. WHEREAS, Ms. Rosa A. Johnson was hired by Chesterfield County, Department of General Services on February 10, 1997, as a custodian in the Buildings and Grounds Division; and WHEREAS, Ms. Johnson's commitment to a high standard of personal and professional behavior contributed to the strategic goals of the division; and WHEREAS, Ms. Johnson was a team player, role model and an example for others and an asset to the department and the county; and WHEREAS, Ms. Johnson was committed to her work and produced high quality service while maintaining a "can-do" attitude; and WHEREAS, Ms. Johnson applied her skills, knowledge and experience to perform tasks effectively and improve customer satisfaction; and WHEREAS, Ms. Johnson was able to analyze situations to determine the best course of action for the good of the organization; and 14-578 J J J 08/27/14 WHEREAS, Ms. Johnson received many compliments from internal customers for outstanding job performance, which reflected a positive image of the department; and WHEREAS, Ms. Johnson continuously looked for ways to improve job tasks and initiated changes to improve efficiency; and WHEREAS, Ms. Johnson contributed to a safe and healthy working environment and- practiced green-clean housekeeping procedures; and WHEREAS, Ms. Johnson responded to concerns and emergencies in a timely manner to ensure areas were safe for customers; and WHEREAS, Ms. Johnson loved working with people and maintained effective working relationships with co-workers; and WHEREAS, Ms. Johnson's calm demeanor was a positive influence on others. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes the outstanding contributions of Ms. Rosa A. Johnson, 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.3. MR. GARY F. SOUTHARD, DEPARTMENT OF MENTAL HEALTH SUPPORT SERVICES On motion of Mr. Warren, seconded by Ms. Jaeckle, the Board adopted the following resolution: WHEREAS, Mr. Gary F. Southard provided 26 years of dedicated and faithful service to Chesterfield County and devoted himself to supporting the mission of the Chesterfield Community Services Board and the Department of Mental Health Support Services; and WHEREAS, Mr. Southard - began his career with the Chesterfield County Community Services Board and the Department of Mental Health Support Services on August 1, 1988; and WHEREAS, Mr. Southard assisted with the design, planning and construction oversight of the Carrie B. Rogers Building; and WHEREAS, Mr. Southard participated in the Chesterfield Community Services Board's strategic decision to embrace the Virginia Medicaid Intellectual Disability Waiver resulting in individuals with intellectual disabilities being served in Chesterfield communities; and WHEREAS, Mr. Southard served as Acting Executive Director for seven months in 1997; and 14-579 08/27/14 WHEREAS, as Acting Executive Director, Mr. Southard project managed and led the Chesterfield Community Services Board's preparation for and award of national accreditation; and WHEREAS, Mr. Southard began the agency partnership with Chesterfield Alternatives, Inc., resulting in a psychosocial clubhouse; and WHEREAS, Mr. Southard was assigned Senior Manager in the successful design, planning and contract management of Winchester Greens Day Support; and WHEREAS, Mr. Southard was appointed Project Manager in 2007 to plan and design the acquisition and implementation of a new information and billing system that went live in 2010; and WHEREAS, Mr. Southard was the Senior Management representative on the Chesterfield County Feasibility Study team to review the need for intermediate care services for individuals with intellectual disabilities; and WHEREAS, Mr. Southard began a series of planning meetings with Chesterfield County Technical High School and Chesterfield Alternatives, Inc. culminating in the Build-A- House Project partnership; and WHEREAS, Mr. Southard assumed management responsibility for the operation of the Patient Assistance Program, the agency's program to obtain free or heavily discounted medication for individuals; and WHEREAS, Mr. Southard devised the financing plan for the 12-bed Intermediate Care Facility, providing for the recapture of construction and start-up funds; and WHEREAS, Mr. Southard developed annual budgets, managed the areas of General Accounting, Accounts Receivable and Accounts Payable, and provided the overall financial management for the Chesterfield County Community Services Board and Department of Mental Health Support Services. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes the contributions of Mr. Gary F. Southard, and extends appreciation for his 26 years of dedicated 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.4. MR. ULYSSES M. MCDANIEL, JR., JWENILE DETENTION HOME On motion of Mr..Warren, seconded by Ms. Jaeckle, the Board adopted the following resolution: WHEREAS, Mr. Ulysses M. "Rick" McDaniel, Jr. will retire from the Chesterfield County Juvenile Detention Home on September 1, 2014, after providing more than 28 years of quality service to the citizens of Chesterfield County; and 14-580 J J 08/27/14 WHEREAS, Mr. McDaniel has faithfully served the county's Juvenile Detention Home in progressively increasing roles of responsibility as a youth supervisor, shift coordinator and home incarceration officer; and WHEREAS, Mr. McDaniel has provided the residents of the Chesterfield Juvenile Detention Home with quality care and supervision; and WHEREAS, Mr. McDaniel was certified and served as a statewide instructor in Handle With Care, the Department of Juvenile Justice's mandated physical restraint program; and WHEREAS, Mr. McDaniel has dedicated years of service to working with troubled youth; and WHEREAS, Mr. McDaniel was a TQI graduate and Quality Council member; and WHEREAS, Mr. McDaniel served on the Chesterfield Juvenile Detention Home Behavior Management Program Committee; and WHEREAS, Mr. McDaniel served as vice president on his church's board; and WHEREAS, Mr. McDaniel served the community as a basketball coach for two years, teaching the youth to never give up. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes Mr. Ulysses M. McDaniel, Jr., and extends on behalf of its members and the citizens of Chesterfield County, appreciation for his many years of loyal 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.2. ADOPTION OF POLICY FOR PARTICIPATION BY BOARD MEMBERS IN BOARD MEETINGS BY ELECTRONIC COMMUNICATION FROM A REMOTE LOCATION On motion of Mr. Warren, seconded by Ms. Jaeckle, the Board adopted the following policy: PARTICIPATION BY A BOARD MEMBER IN BOARD MEETINGS BY ELECTRONIC COMMUNICATION FROM A REMOTE LOCATION The Virginia Freedom of Information Act, Va. Code §2.2- 3708.1, provides that in .order for members of a board of supervisors to participate in meetings through electronic communication means from remote locations, the board must adopt a written policy which allows for and governs such participation. It is the purpose of this policy to allow for such remote participation by members of the Chesterfield County Board of Supervisors under the following procedures and circumstances. 14-581 08/27/14 1. On or before the day of a Board meeting, any Board member who wishes to participate in the meeting from a remote location through electronic communication means shall request permission to do so by notifying the Chairman of the Board that the member is unable to physically attend the meeting. If the Chairman is the member who is unable to attend the meeting, then the Chairman shall give the notice to the Vice Chairman. Additionally, if the Chairman is not attending the meeting in question, the notice shall be given to the Chairman who shall immediately forward it the Vice Chairman. a. The notice must state that the member is unable to attend due to (i) an emergency, (ii) a personal matter or (iii) a temporary or permanent disability or other medical condition that prevents the member from physically attending the meeting. b. The member must identify with specificity the nature of the emergency, personal matter, or temporary or permanent disability or other medical condition. 2. The Board shall consider a member's request to participate by electronic means as the first item of business at the Board's meeting; provided, however, that a quorum of the Board must be physically assembled at the physical location of the meeting of the Board. If a quorum is not physically assembled, then the Board members so assembled are not authorized to vote on the request, the request shall be deemed denied, and no meeting shall be held even if the "presence" of the member by electronic means would result in there being a quorum. 3. If a quorum of the Board is physically present, the quorum may approve the request by a majority vote of the members physically assembled. The member requesting participation by electronic means shall not vote on his or her request. The Board's decision shall be based solely on the criteria in this policy, without regard to the identity of the requesting member or the matters that will be considered or voted on during the meeting. 4. Irrespective of whether the physically-assembled members of the Board approve the request, the Clerk shall record in the Board's minutes the specific nature of the member's emergency, personal matter or disability and the remote location from which the absent member participated or was denied the request to participate. 5. No member shall participate in any more than two (2) meetings in any calendar year by electronic means from a remote location. 6. The Board shall make arrangements for the voice of the member participating electronically to be heard by all persons in attendance at the meeting location, and by all persons viewing the meeting via .television or other means. Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 14-582 J J J 08/27/14 8.C.3. REQUESTS FOR ENTERTAINMENT FESTIVAL PERMITS 8.C.3.a. FOR THE CENTRAL VIRGINIA FOOD TRUCK RODEO On motion of Mr. Warren, seconded by Ms. Jaeckle, the Board approved the request of Laurin C. Willis and SLAP Productions, LLC for an entertainment festival permit to conduct the Central Virginia Food Truck Rodeo at Chesterfield Towne Center on Sunday, September 14, 2014, subject to the conditions filed with the papers of this Board. Ayes: Holland, Elswick, Jaeckle, Warren and Decker. Nays: None. 8.C.3.b. FOR SAINT AUGUSTINE CATHOLIC CHURCH'S FESTIVAL On motion of Mr. Warren, seconded by Ms. Jaeckle, the Board approved the request of a music and entertainment festival permit for St. Augustine Catholic Church's Festival to be held September 11, 12, 13 and 14, 2014, subject to the church obtaining, at least 24 hours before the beginning of the festival, all necessary permits for the Building Official for amusement rides and from the Health Department for food sold. Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 8.C.3.c. FOR CHESTERFEST On motion of Mr. Warren, seconded by Ms. Jaeckle, the Board approved the request for an entertainment festival permit for ChesterFest to be held on Saturday, September 27, 2014. Ayes: Holland, Elswick, Jaeckle, Warren and Decker. Nays: None. 8.C.3.d. FOR TAYLOR AND SONS AMUSEMENTSINCORPORATED TO CONDUCT A CARNIVAL AT THE JEFFERSON DAVIS FLEA MARKET On motion of Mr. Warren, seconded by Ms. Jaeckle, the Board approved the request for an entertainment festival permit for Taylor and Sons Amusements, Incorporated to conduct a carnival at the Jefferson Davis Flea Market on September 18 through September 28, 2014, subject to the conditions filed with the papers of this Board. Ayes: Holland, Elswick, Jaeckle, Warren and Decker. Nays: None. 8.C.4. REQUESTS FOR PERMITS TO STAGE FIREWORKS DISPLAYS 8.C.4.a. FOR THE CHESDIN LANDING END OF SUMMER CELEBRATION On motion of Mr. Warren, seconded by Ms. Jaeckle, the Board approved a permit to stage a fireworks display for the Chesdin Landing End of Summer Celebration on Saturday, September 6, 2014, with a rain date of September 13, 2014. Ayes: Holland, Elswick, Jaeckle, Warren and Decker. 14-583 08/27/14 Nays: None. 8.C.4.b. AT THE WOODLAKE PAVILION/AMPHITHEATER On motion of Mr. Warren, seconded by Ms. Jaeckle, the Board approved a permit for Woodlake Community Association to stage a fireworks Display at the Woodlake Pavilion/Amphitheater on August 30, 2014, with a rain date of August 31, 2014. Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 8.C.5. AUTHORIZATION FOR COUNTY ADMINISTRATOR TO EXECUTE BENEFIT CONSULTING CONTRACTS WITH MERCER, INCORPORATED, HAY GROUP AND WELLS FARGO INSURANCE SERVICES USA, INCORPORATED On motion of Mr. Warren, seconded by Ms. Jaeckle, the Board authorized the County Administrator to enter into benefit consulting contracts with Mercer, Inc., Hay Group and Wells Fargo Insurance Services USA, Inc. Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 8.C.6. APPROVAL OF FY2015/FY2016 CHESTERFIELD COMMUNITY SERVICES BOARD PERFORMANCE CONTRACT On motion of Mr. Warren, seconded by Ms. Jaeckle, the Board approved the FY2015/FY2016 performance contract between the Chesterfield Community Services Board and the Virginia Department of Behavioral Health and Developmental Services. Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 8.C.8. ACCEPTANCE AND APPROPRIATION OF GRANT FUNDS FROM THE COMMONWEALTH OF VIRGINIA, DEPARTMENT OF MINES, MINERALS AND ENERGY, DIVISION OF MINED LAND RECLAMATION FOR IMPROVEMENTS TO MIDLOTHIAN MINES PARK On motion of Mr. Warren, seconded by Ms. Jaeckle, the Board accepted and appropriated grant funds in the amount of $805,450 received from the Commonwealth of Virginia, Department of Mines, Minerals and Energy, Division of Mined Land Reclamation (DMME) for improvements to Midlothian Mines Park. Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 8.C.9. 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 14-584 J J J 08/27/14 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: Walkers Chase at Foxcreek Section 3 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 • Shotwell Terrace, State Route Number 7761 From: Walkers Chase, (Route 7317) To: Cul-de-Sac, a distance of: 0.10 miles. Recordation Reference: Plat Book 214, Page 85 Right of Way width (feet) = 44 • Red Setter Lane, State Route Number 7323 From: Walkers Chase, (Route 7317) To: End of Maintenance, a distance of: 0.01 miles. Recordation Reference: Plat Book 214, Page 85 Right of Way width (feet) = 44 • Walkers Chase, State Route Number 7317 From: 0.04 miles east of Lilting Branch Way, (Route 7321) To: Fox Cantor Court, (Route 7760), a distance of: 0.03 miles. Recordation Reference: Plat Book 214, Page 85 Right of Way width (feet) = 44 • Fox Cantor Court, State Route Number 7760 From: Walkers Chase, (Route 7317) To: Cul-de-Sac, a distance of: 0.05 miles. Recordation Reference: Plat Book 214, Page 85 Right of Way width (feet) = 44 • Walkers Chase, State Route Number 7317 From: Fox Cantor Court, (Route 7760) To: Shotwell Terrace, (Route 7761), a distance of: 0.03 miles. Recordation Reference: Plat Book 214, Page 85 Right of Way width (feet) = 44 From: Red Setter Lane, (Route 7323) To: End of Maintenance, a distance of: 0.01 miles. Recordation Reference: Plat Book 214, Page 85 Right of Way width (feet) = 44 • Lismar Mews, State Route Number 7763 14-585 08/27/14 • Spaniel Run, State Route Number 7762 From: Red Setter Lane, (Route 7323) To: Cul-de-Sac, a distance of: 0.06 miles. Recordation Reference: Plat Book 214, Page 85 Right of Way width (feet) = 44 • Red Setter Lane, State Route Number 7323 From: Spaniel Run, (Route 7762) To: Walkers Chase, (Route 7317), a distance of: 0.07 miles Recordation Reference: Plat Book 214, Page 85 Right of Way width (feet) = 44 • Red Setter Lane, State Route Number 7323 From: 0.03 miles east of Lilting Branch Way, (Route 7321) To: Spaniel Run, (Route 7762), a distance of: 0.05 miles. Recordation Reference: Plat Book 214, Page 85 Right of Way width (feet) = 44 • Walkers Chase, State Route Number 7317 From: Shotwell Terrace, (Route 7761) To: Red Setter Lane, (Route 7323), a distance of: 0.07 miles. Recordation Reference: Plat Book 214, Page 85 Right of Way width (feet) = 44 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: The Villas at Dogwood Section A 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 • Dogwood Park Drive, State Route Number 7757 From: Hull Street Road, (Route 360) To: Dogwood Villas Drive, (Route 7758), a distance of: 0.04 miles. Recordation Reference: Plat Book 166, Page 89 Right of Way width (feet) = 60 14-586 J J J 08/27/14 • Cornus Avenue, State Route Number 7759 From: Dogwood Villas Drive, (Route 7758) To: Cul-de-Sac, a distance of: 0.18 miles. Recordation Reference: Plat Book 166, Page 89 Right of Way width (feet) = 46 • Dogwood Villas Drive, State Route Number 7758 From: Dogwood Park Drive, (Route 7757) To: End of Maintenance, a distance of: 0.04 miles. Recordation Reference: Plat Book 166, Page 89 Right of Way width (feet) = 54 • Dogwood Villas Drive, State Route Number 7758 From: Cornus Avenue, (Route 7759) To: End of Maintenance, a distance of: 0.01 miles. Recordation Reference: Plat Book 166, Page 89 Right of Way width (feet) = 46 • Dogwood Villas Drive, State Route Number 7758 From: Dogwood Park Drive, (Route 7757) To: Cornus Avenue, (Route 7759), a distance of: 0.05 miles. Recordation Reference: Plat Book 166, Page 89 Right of Way width (feet) = 54 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: Bayhill Pointe Section 19 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 • Erika Marie Court, State Route Number 7756 From: Point Landing Court, (Route 5470) To: Cul-de-Sac, a distance of: 0.09 miles. Recordation Reference: Plat Book 180, Page 29 Right of Way width (feet) = 40 14-587 08/27/14 • Point Landing Court, State Route Number 5470 From: Erika Marie Court, (Route 7756) To: Cul-de-Sac, a distance of: 0.06 miles. Recordation Reference: Plat Book 180, Page29 Right of Way width (feet) = 40 • Point Landing Court, State Route Number 5470 From: 0.03 miles northeast of Hillcreek Drive, (Route 5016) To: Erika Marie Court, (Route 7756), a distance of: 0.02 miles. Recordation Reference: Plat Book 180, Page 29 Right of Way width (feet) = 40 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: Harvest Glen - Remainder Tyne Change to the Secondary System of State Hiahwavs: Addition Reason for Change: New subdivision street Pursuant to Code of Virginia Statute: X33.1-229 Street Name and/or Route Number • Lantern Way, State Route Number 7704 From: Pumpkin Place, (Route 7703) To: Kernal Court, (Route 7705), a distance of: 0.11 miles.Recordation Reference: Deed Book 6994, Page 313 Right of Way width (feet) = 45 • Lantern Way, State Route Number 7704 From: Kernal Court, (Route 7705) To: Cul-de-Sac, a distance of: 0.03 miles. Recordation Reference: Deed Book 6994, Page 313 Right of Way width (feet) = 45 • Kernal Court, State Route Number 7705 From: Lantern Way, (Route 7704) To: Existing Kernal Court, (Route 7705), a distance of: 0.10 miles. Recordation Reference: Deed Book 6994, Page 313 Right of Way width (feet) = 45 J J J 14-588 08/27/14 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. 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: Meadowville Technology Parkway and Digital Drive Tvne 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 • Meadowville Technology Parkway, State Route Number 618 From: 1.0 miles south of Meadowville Road, (Route 618) To: Digital Drive, (Route 7744), a distance of: 0.02 miles. Recordation Reference: Deed Book 9569, Page 411 Right of Way width (feet) = 130 • Meadowville Technology Parkway, State Route Number 618 From: Digital Drive, (Route 7744) To: 0.68 miles south of Digital Drive, (Route 7744), a distance of: 0.68 miles. Recordation Reference: Deed Book 9569, Page 411 Right of Way width (feet) = 130 • Meadowville Technology Parkway, State Route Number 618 From: 0.14 miles south of Meadowville Road, (Route 618) To: 1.0 miles south of Meadowville Road, (Route 618), a distance of: 0.86 miles. Recordation Reference: Deed Book 9569, Page 411 Right of Way width (feet) = 110 14-589 08/27/14 • Meadowville Technology Parkway, State Route Number 618 From: Meadowville Road, (Route 618) To: 0.14 miles south of Meadowville Road, (Route 618), a distance of: 0.14 miles. Recordation Reference: Deed Book 9569, Page 411 Right of Way width (feet) = 122 • Digital Drive, State Route Number 7744 From: Meadowville Technology Parkway, (Route 618) To: 0.09 miles southwest of Meadowville Technology Parkway, (Route 618), a distance of: 0.09 miles. Recordation Reference: Deed Book 10286, Page 587 Right of Way width (feet) = 100 • Digital Drive, State Route Number 7744 From: 0.09 miles southwest of Meadowville Technology Parkway, (Route 618) To: 0.19 miles southwest of Meadowville Technology Parkway, (Route 618), a distance of: 0.10 miles. Recordation Reference: Deed Book 10286, Page 587 Right of Way width (feet) = 100 • Digital Drive, State Route Number 7744 From: 0.19 miles southwest of Meadowville Technology Parkway, (Route 618) To: 0.22 miles southwest of Meadowville Technology Parkway, (Route 618), a distance of: 0.03 miles. Recordation Reference: Deed Book 10286, Page 587 Right of Way width (feet) = 100 • Meadowville Technology Parkway, State Route Number 618 From: 0.68 miles south of Digital Drive, (Route 7744) To: Bermuda Hundred Road, (Route 697), a distance of: 0.12 miles. Recordation Reference: Deed Book 11302, Page 856 Right of Way width (feet) = 130 Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 8.C.10. APPROVAL OF LEASE OF HUGUENOT ROAD BAPTIST CHURCH FOR SENIOR CITIZEN PROGRAMS On motion of Mr. Warren, seconded by Ms. Jaeckle, the Board authorized the County Administrator to execute a lease agreement with Huguenot Road Baptist Church to provide senior citizen programs. Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 8.C.11. APPROVAL OF A PERFORMANCE AGREEMENT WITH USE RELP CHESTERFIELD, LLC AND TRANSFER OF FUNDS TO THE ECONOMIC DEVELOPMENT AUTHORITY FOR A PERFORMANCE AGREEMENT ASSOCIATED WITH THE CONSTRUCTION OF A TOBACCO LEAF STORAGE FACILITY On motion of Mr. Warren, seconded by Ms. Jaeckle, the Board approved a performance agreement with USE KELP Chesterfield, LLC and appropriated and transferred of $1,000,000 to the Economic Development Authority to fund the agreement associated with the company's construction of a one million square foot tobacco leaf storage facility for Altria. Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 14-590 J J J 08/27/14 8.C.12. AWARD OF REQUIREMENTS CONTRACT FOR BUILDING COMMISSIONING AND RETRO-COMMISSIONING TO MCDONOUGH BOLYARD PECK, INCORPORATED On motion of Mr. Warren, seconded by Ms. Jaeckle, the Board authorized the County Administrator to execute a requirements contract with McDonough Bolyard Peck, Inc., for building commissioning and retro-commissioning activities as required for renovations, new construction, and as needed to improve building system performance. Ayes: Holland, Elswick, Jaeckle, Warren and Decker. Nays: None. 8.C.13. AWARD OF CONSTRUCTION CONTRACT TO VIRTEXCO CORPORATION FOR RENOVATIONS TO THE POLICE HEADQUARTERS COMPLEX AND ADJOINING LOBBY On motion of Mr. Warren, seconded by Ms. Jaeckle, the Board authorized the County Administrator to execute a contract with the Virtexco Corporation in the amount of $5,724,200 to renovate the Police Headquarters and adjoining lobby and transfer and appropriate additional RFCIP funds for the renovation. Ayes: Holland, Elswick, Jaeckle, Warren and Decker. Nays: None. 8.C.14. TRANSFER OF FUNDS FOR THE CENTRAL LIBRARY HEATING AND COOLING SYSTEM REPLACEMENT PROJECT On motion of Mr. Warren, seconded by Ms. Jaeckle, the Board authorized the transfer of $200,000 for the Central Library heating and cooling system replacement project. Ayes: Holland, Elswick, Jaeckle, Warren and Decker. Nays: None. 8.C.15. TRANSFER OF DISTRICT IMPROVEMENT FUNDS FROM THE BERMUDA DISTRICT IMPROVEMENT FUND TO THE PARKS AND RECREATION DEPARTMENT FOR SOCCER GOALS AT BENSLEY PARK On motion of Mr. Warren, seconded by Ms. Jaeckle, the Board transferred $3,300 in Bermuda District Improvement Funds to the Chesterfield County Parks and Recreation Department for soccer goals at Bensley Park. Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 14-591 08/27/14 8.C.16. AUTHORIZATION OF THE RECEIPT AND APPROPRIATION OF 2011 STATE HOMELAND SECURITY GRANT FUNDS FROM THE DEPARTMENT OF HOMELAND SECURITY FROM THE DEPARTMENT OF HOMELAND SECURITY TO MANAGE A REGIONAL PROJECT FOR CENTRAL VIRGINIA ALL-HAZARDS INCIDENT MANAGEMENT TEAM On motion of Mr. Warren, seconded by Ms. Jaeckle, the Board authorized the Fire and EMS Department to receive and appropriate up to $300,000 in grant funds from the Department of Homeland Security for equipment expenses associated with the management of the Central Virginia All-Hazards Incident Management Team, (IMT). Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. The following item was removed from the Consent Agenda for Board discussion: 8.C.7. AUTHORIZATION FOR COUNTY ADMINISTRATOR TO RENEW A HEALTH CARE CONTRACT WITH ANTHEM BLUE CROSS AND BLUE SHIELD AND A DENTAL CARE CONTRACT WITH DELTA DENTAL PLAN OF VIRGINIA FOR 2015 In response to Mr. Gecker's questions, Mr. Stegmaier stated the item authorizes award of the healthcare contract. He further stated the decision can be handled administratively; however, if there is Board disagreement regarding the item, meetings can be set up to discuss the matter. He stated the School Board made the decision to award the contract and to move forward with the allocation. Mr. Gecker indicated he has not seen data relative to the value of the 5.6 percent increase to the employee base. He stated last year the Board effectively kept the county's cost of insurance at the same level as the prior year; however, it was done by passing more cost on to the employees or reducing the value of benefits of the policies. He further stated he thought given the discussion at the Benefits Committee regarding the decision of the allocation of the cost, that it was not an administration decision, but a Board decision. In response to Mr. Gecker's question, Mr. Stegmaier stated staff had recommended that the proportionate shares of the cost between the county and the employee stay the same. Mr. Gecker stated he does not believe the matter is in the County Administrator's purview exclusively. Mr. Stegmaier indicated he can make the decision, if the Board prefers; however, the Board certainly has the authority the make the final decision. Mr. Gecker stated the matter should have been handled through the Benefits Committee process with a recommendation brought before the Board. He further stated he assumed approving the item was tantamount to approving the County Administrator's recommendation that the cost be borne proportionally; a 5.6 percent increase to the general fund; and a 5.6 percent increase to the employee contribution. J J J 14-592 08/27/14 Mr. Stegmaier stated the Board has the ability to direct staff to implement allocation of the cost. He noted normally the item would not have come back before the Board if approved today, other than staff communicating to the Board relative to how to proceed. He stated staff will discuss the matter further with the Board to come to a consensus moving forward. Mr. Gecker stated he is disturbed by the language in the staff report that suggests the Benefits Committee made the recommendation. In response to Mr. Gecker's question, Mr. Zaremba stated he has not seen the numbers from the school side relative to what employees would bear in aggregate for the 5.6 percent increase. Mr. Gecker expressed concerns relative to the lack of data and stated it is difficult to make decisions without understanding what is happening. In response to Ms. Jaeckle's question, Mr. Gecker stated the School Board had wanted to cheapen the policy substantially as a way to zero out the increase. He further stated in order to remain competitive in the region, Schools needs to keep their benefits in place. He noted he has not seen the cost of absorbing the employee portion of the increase. Mr. Zaremba stated the number for the county to pick up the full cost and not pass any of it on the employees would be an additional $527,000. Mr. Gecker stated the increase in cost last year, absent of any other changes, was in the $6 million range. He further stated zero impact was caused to the general fund, through a combination of increases in the employee share and a change in the benefits package. He stated as the county tries to remain competitive in the community, this is the year where it should be seriously considered picking up the increase fully on the general fund side and not passing it down to the employee base. Mr. Elswick stated it was also his understanding that the matter would be decided by the Board. He further stated he intends to address the matter by looking at the salary increase in conjunction to benefit costs. Ms. Jaeckle indicated it would be her preference to see what an employee raise was going to be reduced by increasing benefits. She stated one of the challenges that healthcare presents is when the entire cost is picked up as an employer and employees are not aware of how healthcare costs are rising. She further stated employees should recognize the increases in healthcare costs and try to pick that up through salary increases. She noted she certainly does not want to take away from county employees. Mr. Gecker stated he would normally agree that people are aware of healthcare costs; however, the Board effectively reduced healthcare benefits in the community through county employees by about $5 million of value in one form or another, through increased cost or a reduction in benefits. He noted he does not think it is appropriate to do that again. He stated in terms of order of magnitude, the cost is not a large item to the overall budget. 14-593 08/27/14 Ms. Jaeckle indicated the amount is not the point; it is the principle that the. cost of healthcare is rising and is reflected by the employers who pay. Mr. Holland noted he expects committees to have information well in advance of Board meetings. He stated he does not believe the cost should be passed on to county employees. Mr. Jaeckle stated it is her understanding that the School Board met last night and voted to have school employees pick up the share of healthcare costs. Mr. Elswick stated he does not believe the School Board should dictate how the Board of Supervisors handles benefits on the county side. He noted he is comfortable approving the contract; however, he is undecided relative to the allocation of costs. He stated he would prefer to have a dialogue with Board members and the County Administrator on how to proceed going forward. Mr. Mincks clarified the item before the Board was to execute the contract. On motion of Mr. Gecker, seconded by Mr. Elswick, the Board authorized the County Administrator to renew contracts with Anthem Blue Cross and Blue Shield (Anthem) and Delta Dental Plan of Virginia (Delta) for 2015, without the inclusion of benefit allocations. Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 9. REPORTS 9.A. REPORT ON DEVELOPER WATER AND SEWER CONTRACTS 9.B. REPORT ON STATUS OF GENERAL FUND BALANCE, RESERVE FOR FUTURE CAPITAL PROJECTS, DISTRICT IMPROVEMENT FUNDS AND LEASE PURCHASES On motion of Mr. Warren, seconded by Mr. Elswick, the Board accepted the following reports: a Report on Developer Water and Sewer Contracts; and a Report on Status of General Fund Balance, Reserve for Future Capital Projects, District Improvement Funds and Lease Purchases. Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 10. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED MATTERS There were no requests to address the Board at this time. 14-594 J J J 08/27/14 11. CLOSED SESSION PURSUANT TO SECTION 2.2-3711(A)(1), CODE OF VIRGINIA, 1950, AS AMENDED, RELATING TO THE PERFORMANCE OF A SPECIFIC COUNTY EMPLOYEE On motion of Mr. Warren, seconded by Ms. Jaeckle, the Board went into closed session pursuant to Section 2.2-3711(A)(1), Code of Virginia, 1950, as amended, relating to the performance of a specific county employee. Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. On motion of Mr. Holland, seconded by Mr. Warren, the Board adopted the following resolution: WHEREAS, the Board of Supervisors has this day adjourned into Closed Session in accordance with a formal vote of the Board and in accordance with the provisions of the Virginia Freedom of Information Act; and WHEREAS, the Virginia Freedom of Information Act effective July 1, 1989 provides for certification that such Closed Session was conducted in conformity with law. NOW, THEREFORE BE IT RESOLVED, the Board of Supervisors does hereby certify that to the best of each member's knowledge, i) only public business matters lawfully exempted from open meeting requirements under the Freedom of Information Act were discussed in Closed Session to which this certification applies, and ii) only such business matters were identified in the Motion by which the Closed Session was convened were heard, discussed or considered by the Board. No member dissents from this certification. Mr. Gecker: Aye. Mr. Warren: Aye. Ms. Jaeckle: Aye. Mr. Elswick: Aye. Mr. Holland: Aye. 12. DINNER On motion of Mr. Holland, seconded by Mr. Warren, the Board recessed to Room 502 for dinner. Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. Reconvening: 13. INVOCATION Reverend Richard Finck, Grace Lutheran Church, gave the invocation. 14-595 08/27/14 14. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Mr. Lou Lassiter, Assistant County Administrator, led the Pledge of Allegiance to the Flag of the United States of America. 15. RESOLUTIONS 15.A. RECOGNIZING THE OUTSTANDING ACCOMPLISHMENTS OF MISS OLIVIA CARSON KIRK, MISS VIRGINIA HIGH SCHOOL 2014 Ms. Chris Ruth introduced Miss Olivia Carson Kirk, who was present to receive the resolution. On motion of Mr. Holland, seconded by Mr. Elswick, the Board adopted the following resolution: WHEREAS, Miss Olivia Carson Kirk served as Miss Virginia High School 2014 where she traveled across the state for 11 months, and provided more than 100 hours of volunteer service to help spread the message of the Crown CARES - Creating a Respectful Environment in Schools, and her own anti-bullying platform, the PINKY SWEAR; and WHEREAS, Miss Kirk represented the Commonwealth of Virginia at the Miss High School America Scholarship Pageant where she was chosen as a top-five community-service award winner and a top-fifteen national finalist; and WHEREAS, as a rising senior at Cosby High School, Miss Kirk is enrolled in all Honors and AP classes, and she is a member of the National Honor Society and Beta Club. WHEREAS, Miss Kirk has received recognition as a Distinguished Honor Roll Recipient at Chesterfield County Public Schools 34 times; and WHEREAS, in 2013, Miss Kirk served as a Medical Center Junior Volunteer in VCU's Surgical Center; and WHEREAS, in May 2014, Miss Kirk led a multi-state charitable donation campaign for the VCU Pediatric Oncology Prom, which received formal wear donations valued at $17,000; and WHEREAS, Miss Kirk developed a partnership with the Richmond Raiders that enabled her to give anti-bullying presentations to children during the 2014 Professional Indoor Football League season; and WHEREAS, she also served as one of the on-field hosts and an announcer for the Richmond Raiders home games; and WHEREAS, Miss Kirk collaborated with Virginia Delegate and Chesterfield Representative Delores McQuinn to promote anti-bullying legislation, and also worked with the Virginia Department of Health's bullying prevention coordinator on anti-bullying prevention practices; and WHEREAS, Miss Kirk conducted anti-bullying presentations in Chesterfield County Public Schools classrooms and donated books about the subject to the schools' libraries; and J J J 14-596 08/27/14 WHEREAS, Miss Kirk was able to solicit $3,000 in corporate sponsorship funds that enabled 20 of her fellow titleholders to attend an anti-bullying youth violence program in Washington, D.C.; and WHEREAS, Miss Kirk created an original piece of artwork of Arlington National Cemetery to present to World War II veterans visiting Washington, D.C. and the World War II memorial; and WHEREAS, Miss Kirk served as a volunteer for Virginia Special Olympics, Virginia Salvation Army, Wreaths Across America, Virginia State Fair and Operation Home Front. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 27th day of August 2014, congratulates Miss Olivia Carson Kirk on her outstanding accomplishments, expresses appreciation for her outstanding representation of Chesterfield County, and wishes her continued success in all of her future endeavors. AND, BE IT FURTHER RESOLVED that a copy of this resolution be presented to Miss Kirk 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 Miss Kirk, congratulated her on her distinguished accomplishments and wished her continued success in all her future endeavors. Mr. Elswick also commended Miss Kirk on her outstanding accomplishments and expressed appreciation for her stellar representation of the county. Miss Kirk, accompanied by members of her family, sincerely thanked the Board for the special recognition and explained details regarding her anti-bullying program. Mr. Gecker introduced Boy Scout Justin Hawkins from Troop 829, sponsored by St. Matthias Episcopal Church, who was in attendance to earn his Communications Merit Badge. Mr. Holland indicated he is a big promoter of iCivics and educating young persons on the importance of local government. 16. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED MATTERS Mr. Freddy Boisseau expressed concerns relative to the lack of Comcast broadband service in rural areas of the county. 14-597 08/27/14 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 19 ia~Nn~nR (AMENDED) In Bermuda Magisterial District, Centralia Station LLC requests amendment of zoning (Case 93SN0147) relative to density and access and amendment of zoning district map in Agricultural (A) and Residential (R-7, R-9 and R-12) Districts on 73.3 acres fronting 20 feet on the south line of Centralia Road, 510 feet on the east line of Centralia Station, 600 feet west of Chester Road. Density will be controlled by zoning conditions or ordinance standards. The Comprehensive Plan suggests the property is appropriate for Residential use (1 and 1.5 dwellings per acre or less). Tax ID 786-660-5178. Mr. Turner stated staff is requesting a deferral to the May 2015 regularly scheduled meeting. The applicant was not present. Mr. Turner noted the applicant did consent to the deferral. Mr. Holland called for public comment. No one came forward to speak to the deferral. On motion of Ms. Jaeckle, seconded by Mr. Elswick, the Board deferred Case 14SN0508 until the May 2015 regularly scheduled meeting. Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 14SN0574 In Clover Hill Magisterial District, Verizon Wireless requests conditional use to permit a communications tower and amendment of zoning district map in an Agricultural (A) District on .8 acre known as 8710 Hull Street Road. Density will be controlled by zoning conditions or ordinance standards. The Comprehensive Plan suggests the property is appropriate for Mixed Use Corridor use. Tax IDs 756-690-Parts of 3839-00001 and 3839-00002. Mr. Turner stated the applicant is requesting a 30-day deferral to the September 17, 2014 regularly scheduled meeting. Mr. Jeff Geiger, representing the applicant, accepted the deferral. Mr. Holland called for public comment. No one came forward to speak to the deferral. On motion of Mr. Warren, seconded by Mr. Elswick, the Board deferred Case 14SN0574 until the September 17, 2014 regularly scheduled meeting. Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 14-598 J J J 08/27/14 14SN0554 In Bermuda Magisterial District, Greg W. Meredith requests conditional use to permit a business (commercial kennel) incidental to a dwelling and amendment of zoning district map in an Agricultural (A) District on 24.6 acres known as 2100 Coxendale Road. Density will be controlled by zoning conditions or ordinance standards. The Comprehensive Plan suggests the property is appropriate for Residential use (2.514 units/acre). Tax ID 799-661-7476. Mr. Turner presented a summary of Case 14SN0554 and stated both the Planning Commission and staff recommended approval and acceptance of the proffered conditions. Mr. Greg W. Meredith 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 Ms. Jaeckle, seconded by Mr. warren, the Board approved Case 14SN0554 and accepted the following proffered conditions: 1. The Conditional Use shall be granted to and for Greg W. Meredith, exclusively, and shall not be transferable or run with the land. (P) 2. The Conditional Use shall be limited to the operation of a boarding kennel for a maximum of thirty-two (32) dogs. (P) 3. Areas associated with the keeping of animals shall be cleaned and made free of waste on a regular basis so as to eliminate odors and the proliferation of insects. (P) 4. One (1) sign shall be permitted to identify this use. Such sign shall not exceed one (1) square foot in area and shall not be illuminated. (P) 5. Sufficient on-site parking shall be provided so as to preclude on-street parking to accommodate this use. (P) 6. No additional run areas, structures or fenced areas shall be constructed to accommodate this use other than those existing areas and structures as shown on the plan prepared by Harvey L. Parks, Inc. dated November 14, 2008. In addition, the commercial kennel use shall be limited to the 1.46 acre area shown on the plan. (P) Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 14-599 08/27/14 ~ de*Tn~Qn In Bermuda Magisterial District, Chesterfield County Board of Supervisors proposes a conditional use planned development to permit a manufactured home and amendment of zoning district map in a Residential (R-7) District on .9 acre known as 2651 Velda Road. Density will be controlled by zoning conditions or ordinance standards. The Comprehensive Plan suggests the property is appropriate for Community Commercial use. Tax ID 794-666-2833. Mr. Turner presented a summary of Case 14SN0580 and stated both the Planning Commission and staff recommended approval, subject to the conditions. Mr. Holland called for public comment. There being no one to speak to the issue, the public hearing was closed. Ms. Jaeckle described the applicant as a very caring individual. Ms. Jaeckle then made a motion, seconded by Mr. Warren, the Board approved Case 14SN0580, subject to the following conditions: 1. Non-Transferable Ownership: This conditional use planned development approval shall be granted exclusively to Vicki Snead and Richard Miller, and shall not be transferable with the land. (P) 2. Occupancy: The property owner (Vicki Snead) and/or Richard Miller shall be the owner of the manufactured home. The property owner's nephew, Richard Miller, shall be the occupant of the manufactured home. (P) 3. Landscaping: A row of evergreen trees shall be planted and maintained along the rear property line, as shown on Exhibit A (dated June 12, 2014). These plantings shall be. a. A minimum of thirty-six (36) inches tall at time of planting; b. Planted ten (10) feet on center; c. Installed within six (6) months from the approval date of this request. (P) 4. Building Additions and Foundation Skirting: No additional permanent-type living space may be added onto this manufactured home. This manufactured home shall be skirted, but shall not be placed on a permanent foundation. (P) 5. Removal of Manufactured Home: At such time that the manufactured manufactured within twelve home is vacated by Richard Miller, the home shall be removed from the property (12) months. (P) Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. J J J 14-600 08/27/14 14SN0582 In Bermuda Magisterial District, CMA Properties, Inc. requests amendment of zoning (Case 99SN0280) relative to access and amendment of zoning district map in a General Business (C-5) District on 4.2 acres fronting 545 feet on the east line of Ruffin Mill Road, 960 feet south of I-95. Density will be controlled by zoning conditions or ordinance standards. The Comprehensive Plan suggests the property is appropriate for Industrial use. Tax ID 805-638-4331. Mr. Turner presented a summary of Case 14SN0582 and stated both the Planning Commission and staff recommended approval and acceptance of the one proffered condition. Mr. Pete Borches, president of CMA Properties, Inc., accepted the recommendation. Mr. Holland called for public comment. Mr. Freddy Boisseau expressed concerns relative to increased truck traffic on Ruffin Mill Road. There being no one else to speak to the issue, the public hearing was closed. Ms. Jaeckle indicated the business would not create any additional truck traffic on Ruffin Mill Road. Ms. Jaeckle then made a motion, seconded by Mr. Elswick, for the Board to approve Case 14SN0582 and accept the following proffered conditions: With the approval of this request, Proffered Condition 1 of Case 99SN0280 shall be amended as follows. All other conditions of Case 99SN0280 shall remain in force and effect. Direct access to Ruffin Mill Road shall be limited to two (2) entrances/exits. The exact locations of these accesses shall be approved by the Transportation Department. (T) Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 14SN0587 In Matoaca Magisterial District, Cindy C. and Richard D. Chandler request amendment of zoning (Case 05SN0147) relative to cash proffer, tree and dam preservation, landscaping, access and restrictive covenants and amendment of zoning district map in a Residential (R-88) District on 99.9 acres fronting 420 feet on the east line of River Road, 1575 feet south of Nash Road. Density will be controlled by zoning conditions or ordinance standards. The Comprehensive Plan suggests the property is appropriate for Residential Agricultural use (maximum of 0.5 dwellings per Residential Agricultural use (maximum of 0.5 dwellings per acre). Tax ID 756-626-5439. Mr. Turner presented a summary of Case 14SN0587 and stated both the Planning Commission and staff recommended approval and acceptance of the proffered conditions. 14-601 08/27/14 Mr. Taylor Goodman, representing the applicant, accepted the recommendation. Mr. Turner noted since a revision to the proffered condition was submitted after public advertisement of the case, the Board must unanimously agree to suspend its rules in order to consider the revised proffered condition. Mr. Holland made a motion, seconded by Mr. Warren, for the Board to suspend its rules to allow for consideration of the revised proffered condition. Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. Mr. Holland called for public comment. There being no one to speak to the issue, the public hearing was closed. Mr. Elswick directed Planning staff to study the issue of fee reductions for zoning downsizing. On motion of Mr. Elswick, seconded by Mr. Warren, the Board approved Case 14SN0587 and accepted the following proffered conditions: The Applicant amends Proffered Condition 1 of Case 05SN0147 to read as follows: 1. Cash Proffer. The applicant, subdivider, or assignee(s) shall pay the following to the County of Chesterfield, for infrastructure improvements within the service district for the property: A. For each dwelling unit beyond the first, the applicant, sub-divider, or assignee(s) shall pay the following to the County of Chesterfield, prior to the issuance of a certificate of occupancy for infrastructure improvements within the service district for the property; provided however that for the period through June 30, 2018, 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 per dwelling unit, if paid prior to July 1, 2018. Or, if paid after June 30, 2018, and before July 1, 2019, $18,966 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. B. Cash proffer payments shall be spent for the purposes proffered or as otherwise .permitted by law. 14-602 J J J 08/27/14 C. 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. D. Should any impact fees be imposed by the County of Chesterfield 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 be in addition to, any impact fees, in a manner determined by the County. (B & M) The Applicant amends Proffered Condition 5 of Case 05SN0147 to read as follows: 2. Street trees shall be installed along public roads other than River Road in the shaded areas generally as shown on Exhibit A approved with case 05SN0147 and shall be subject to the requirements of the Zoning Ordinance Section 19-518 (h). In addition, an evergreen tree shall be planted within these areas generally every fifteen (15) feet and shall be a minimum of five (5) feet in height at time of planting. (P) The Applicant amends Proffered Condition 11 of Case 05SN0147 to read as follows: 3. Direct vehicular access from the property to River Road shall be limited to one (1) public road and one (1) private driveway. The exact location of the public road intersection onto River Road shall be approved by the Transportation Department. (T) The Applicant amends Proffered Condition 15 of Case 05SN0147 to read as follows: 4. At a minimum the following restrictive covenants shall be recorded in conjunction of any subdivision plat exclusive of one lot: a. No lots shall be used residential purposes. No altered, placed or perm: other than one detached to exceed three stories garage. except for single-family building shall be erected, ~tted to remain on any lot single-family dwelling not in height and one private b. Only one residence shall be erected or placed on a single lot, and no lot shall, after its original conveyance, be subdivided into smaller lots or parcels. No structure of a temporary character, trailer, basement, tent, shack, garage, barn, or other outbuilding shall be used on any lot at any time as a residence either temporarily or permanently. c. No noxious or offensive activity shall be carried on upon any lot, nor shall anything be done thereof which may become an annoyance or nuisance to the neighborhood. d. No lot shall be used or maintained as a dumping ground for rubbish, trash, garbage or other waste. 14-603 08/27/14 Nor shall any of the above be kept on any lot except in sanitary containers. e. No animals, livestock, or poultry of any kind, shall be raised, bred, or kept on any lot except that dogs, cats, or other household pets may be kept therein if they are not kept, bred, or maintained for any commercial purpose, and in accordance with the applicable ordinances. f. No sign of any kind shall be displayed to the public view on any lot except one sign of not more than six square feet advertising the property for sale or rent, unless approved by the Architectural Control Committee in writing. g. All property shall be maintained free of tall grass, undergrowth, dead trees, weeds and trash, and generally free of any condition that would decrease the attractiveness of the property. h. No trailer having a height of five feet or more shall be parked over 12 hours in any one week on any property or driveway so as to be visible from the street. No motor vehicle shall be parked over 12 hours in any one week on any property without having a current Virginia State license tag, unless such vehicle is parked in an enclosed garage. i. The exterior of all houses and other structures must be completed within one year after the construction of same shall have commenced, except where such completion is impossible or would result in great hardship to the owner or builder due to strikes, fires, national emergency or natural calamities. Houses may not be temporarily or permanently occupied until the exteriors thereof have been completed. During the continuance of construction, the owner of the parcel shall require the contractor to maintain the lot in a reasonably clean and uncluttered condition. j. An Architectural Control Committee (herein called "Committee") originally composed of Richard Chandler and Cindy Chandler is hereby established. Any two members of the Committee may act on behalf of the Committee without holding a meeting of the full Committee or giving notice to the other members. The Committee together with the written consent of the property owners may amend, modify, or waive, in writing any of the restrictions. The members of the Committee shall receive no compensation. At any time, the then recorded owners of eighty percent of the property shall have the power through a duly recorded written instrument to change membership of the Committee or to withdraw from the membership of the Committee or to restore any of its powers and duties. k. No improvement shall be erected, placed or altered on any lot until the construction plan thereof, and a plan showing the location of the said improvements shall be submitted to and approved by 14-604 J J J 08/27/14 the Architectural Control Committee. No construction on said improvements shall commence until the said plans and location of said improvements shall have been approved by the Committee in writing. The Committee reserves the right to request such information and data; such as, quality of workmanship and materials, type of construction, harmony, of exterior design with existing structures and location with respect to topography and finished grade elevation, as may be necessary to make said determination. Prior to the commencement of any improvements, written approval may be withdrawn at any time by the Committee by giving written notice to said party of its withdrawal of said approval. The Committee approval as required above shall be in writing and, in the absence of such written approval, construction plans and location plans shall be considered as disapproved. The building location on all lots shall be within the applicable county zoning ordinance, and at the discretion of the Committee. 1. Approval by the Committee shall not constitute a basis for liability of the member or members of the Committee, the Committee or the owner for any reason including without limitation; (i) failure of the plans to conform to any applicable building code; or (ii) inadequacy or deficiency in the plans resulting in defects in the improvements. m. The ground floor area of any single-family residence erected on any of the lots shall not be less than 1,800 square feet for a single-story residence, not less than 2,000 square feet for any one and one-half story or two story residence. Attached covered porches, covered stoops, breezeways, and garages shall not be included in computing said square footage. n. The foundation of all single-family residences on any lot shall be faced with brick or stone veneer. Exposed piers supporting front porches shall be faced with brick or stone veneer. o. All single-family residences shall conform to a Colonial or Traditional Architectural style. No prefabricated single-family residences shall be erected on any lot. p. No fences shall be permitted between the single- family residences and the street line. Split-rail fences or other wooden fences may be built between the rear of the house and the rear lot line. The split-rail fence may be backed with wire to provide animal retention. q. Easements for installation and maintenance of utilities and drainage are reserved as shown on the said subdivision plat. r. Except as otherwise provided by applicable law and unless approved by the Committee, no antenna, aerial, or device shall be erected or placed on any 14-605 08/27/14 property, house, or garage, or other outbuilding other than the normal antennas, aerial or device necessary to facilitate the reception of television signals, and/or radio signals, normally incident to the radio and television receivers normally used in the home. Satellite dish type television antennas are specifically prohibited unless specifically approved in writing by the Committee and as otherwise provided by applicable law. s. Each and every covenant, condition, and easement herein imposed may be enforced by the undersigned or by the owner of any lot by appropriate proceedings at law or in equity against any party violating or attempting or threatening to violate the same. t. Manufactured Homes shall not be permitted. (P) Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. iacun~on In Bermuda Magisterial District, Virginia Electric and Power Company, Attn: Real Estate and Philip Morris USA Inc., c/o Altria Client Services, Attn: Charles E. Nunnally, Jr., Real Estate Mrg. request rezoning from Agricultural (A) to Heavy Industrial (I-3) on 26.8 acres plus conditional use to permit a solar electric power generation plant on 10.8 acres of this tract and 14 acres of an adjacent tract zoned Heavy Industrial (I-3) and amendment of zoning district map. This request is on a total of 40.8 acres known as 4100 Bermuda Hundred Road. Density will be controlled by zoning conditions or ordinance standards. The Comprehensive Plan suggests the property is appropriate for Industrial use. Tax ID 836-652- Part of 9209. Mr. Turner presented a summary of Case 14SN0590 and stated both the Planning Commission and staff recommended approval, subject to the conditions. Mr. Warren declared a conflict of interest and excused himself from the meeting. Mr. Brennen Keene, representing the applicant, accepted the conditions. Mr. Holland called for public comment. Mr. Freddy Boisseau expressed concerns relative to potential increased truck traffic on Bermuda Hundred Road. There being no one else to speak to the issue, the public hearing was closed. Ms. Jaeckle indicated there would be no additional truck traffic created by the development. J J J 14-606 08/27/14 Ms. Jaeckle then made a motion, seconded by Mr. Holland, for the Board to approve Case 14SN0590, subject to the following conditions: 1. The Applicant shall install a security fence around the solar facility (the "Solar Facility") that is a minimum height of nine (9) feet. (P) 2. Except for security lighting, the Solar Facility shall not be lit. (P) 3. An anti-reflective surface treatment shall be incorporated or applied to the glass of each solar panel [photovoltaic (PV) module] (the "PV Modules") to diffuse reflection and minimize glare. (P) 4. The maximum height of the PV Modules, including the ground-mounted racking structures, shall not exceed a height of twelve (12) feet. (P) 5. The Solar Facility shall be completely decommissioned and the land reclaimed within twelve (12) months after the Solar Facility is no longer in use. Details of the decommissioning and reclamation plans shall be included for review and approval in conjunction with site plan review. (P) Ayes: Holland, Elswick, Jaeckle, and Gecker. Nays: None. Abstain: Warren. Mr. Warren returned to the meeting. 18. PUBLIC HEARINGS 18.A. TO CONSIDER AMENDMENTS TO THE COUNTY CODE RELATIVE TO UNLAWFUL CONDITIONS OF WEEDS, GRASS, SHRUBBERY, TREES AND OTHER VEGETATION Mr. Mincks stated this date and time has been advertised for the Board to consider amendments to the County Code relative to unlawful conditions of weeds, grass, shrubbery, trees and other vegetation. In response to Mr. Holland's question, Mr. Mincks indicated the whereabouts of the word "brush" within the ordinance. 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 the removal of the word "brush" from the ordinance. Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 14-607 08/27/14 18.B. TO CONSIDER AMENDMENTS TO THE COUNTY CODE RELATIVE TO PLANNING FEE ADJUSTMENTS Mr. Turner stated this date and time has been advertised for the Board to consider amendments to the County Code relative to Planning fee adjustments. He further stated the Planning Commission, at their July 22, 2014 meeting, recommended the Board not make any adjustments to Planning Department fees. He stated the adjustments were projected to generate $300,000 in FY2015 Planning Department revenue. He further stated fee rates as developed by staff projected to realize the Planning Department's $701,000 FY2015 revenue goal for zoning, site plan and subdivision fees starting July 1, 2014. He asked the Board to consider establishing a fee for subdivision construction plan review, should the Board follow the Planning Commission's recommendation. He stated today, the Planning Department does not collect a fee for subdivision construction plan review. He further stated the Board adopted substantial changes to the subdivision ordinance, which moved some of the items from a preliminary plat stage to the construction plan stage, and subsequent to that there has been a change in state legislation, which allows developers to bypass the preliminary plan process for subdivisions of fifty acres or less. He stated this change has generated a fair amount of time to review commercial plans and it would be helpful to collect revenue to defer some expense. Mr. Holland called for public comment. Mr. Doug Horton, representing the Chesterfield County Chamber of Commerce, expressed concerns relative to proposed Planning fee adjustments projected to generate an additional $300,000. He stated the additional fees will burden small businesses within the county. Mr. Craig Toalson, representing the Home Building Association of Richmond, expressed concerns relative to proposed Planning fee adjustments. He urged the Board to maintain the current fee structure. Mr. Kevin McNulty, president of Lifestyle Builders and Developers, urged the Board to maintain the current fee structure. He expressed concerns relative to the unaffordability of new homes in the county due to the increase in fees. There being no one else to speak to the issue, the public hearing was closed. In response to Mr. Gecker's question, Mr. Turner stated there is no reduced fee for down zoning. He further stated the Board has adopted a Comprehensive Plan which includes a land use plan map, and what that plan map contemplates is that a majority of the county would be zoned for uses other than agricultural uses. He stated agricultural uses are primarily located in areas of the county where there is no infrastructure to support development. He further stated the Planning Department typically reviews land use proposals for consistency with the land use map. J J J 14-608 08/27/14 Mr. Gecker stated the concept of a significantly reduced fee to down zone property should be analyzed. He noted cases approved in the past could have been zoned differently. He expressed concerns relative to the negative cause of land banking in certain areas of the county. Mr. Turner stated there are zoning cases that as time has passed, and they have not developed, there could be other uses for those properties. He further stated previous Boards have taken action and zoned large tracts of land residential that today may not be deemed the best zoning classification for the property. In response to Mr. Holland's building permit activity this compared to last year. question, Mr. Dupler stated year is down by eight percent In response to Mr. Warren's question regarding apartment development, Mr. Dupler stated the figure he was referring to was relative to single-family home building permit activity. Mr. Warren indicated his interest relative to analyzing fee reductions for down zoning. In response to Mr. Warren's question, Mr. Turner stated there are properties located within the state that have been encumbered with a conservation easement or another type of easement that restricts density in development rather than a down zoning. He noted those property owners are taking advantage of the tax credits. He stated that is not to say that down zoning might be a good tool and is something that can be analyzed with the Board's direction. Mr. Holland concurred with Mr. Warren. In response to Mr. Elswick's question, Mr. Turner stated Planning fees are still not at the point where they were at their highest. He further stated in FY2011, before fees were reduced to their lowest amount in FY2012, a 28-acre residential rezoning would cost an applicant around $7,100. He stated under Scenario A of the current proposal, that fee would be substantially less at $2,730, than where fees were in FY2011. Mr. Holland expressed appreciation for the speakers' input and points of view relative to the issue. He stated he has always been a major proponent for the reductions of fees and the initiation of the fee holiday. He indicated Planning fees are not being restored back to the level they were in the past and the line item was clearly articulated during the budget process to generate additional revenue in FY2015. He further stated he has always favored low taxes and limited spending. He commended Board members for stepping up to cut county spending in order to gradually continue the recovery process relative to job growth. Mr. Elswick directed Planning staff to provide a comparison of all Chesterfield County development application example fees in the future. In response to Mr. Elswick's question, Mr. Turner stated staff was trying to take a balanced approach to increase fees equally across the board. He noted some categories of fees have different activity levels than others that need to be factored into consideration. He stated because of concerns relative to the impact of fees on small businesses, those fees have remained the same. 14-609 08/27/14 In regards to Mr. Warren's previous question regarding apartment figures, Mr. Dupler stated in FY2013, 84 building permits were issued for apartment complexes and 416 issued in FY2014 to date. Mr. Holland made a motion to approve the proposed Planning Department fee adjustments. Mr. Warren seconded the motion. Mr. Warren stated the 1990's was a time when things were booming so rapidly, that Chesterfield could not keep up with the infrastructure. He further stated in a very conservative way, fees were cut in order to stimulate development and bring new families into the community, which has worked very effectively. He stated when a locality attracts industrial development, it also brings along people who are in a need for various types of housing. He further stated the younger generation is having a harder time finding jobs and typically migrates to places where jobs are available. He noted apartment complexes are growing at a much faster pace than single family homes. He indicated he does not feel the fee adjustments are a burden that will dampen the upturn in Chesterfield County and stated he will support the motion. Mr. Gecker noted in the past home builders were not fighting the fee increase. He stated what adds to the cost, and looking at studies nationwide would answer the cost of housing and the scarcity of housing at the middle-and-low income levels, are regulatory uncertainty; that is, how a person is going to be treated once their property is entitled going through the process and entitlement uncertainty; what it is going to cost to rezone; and how long the process takes. He indicated he does not think the Board has done a clear enough job at explaining to the public about what will be and will not be acceptable coming through the process and stated if he were in the real estate business he would push for more certainty regarding the entitlement process than the county currently has. He further stated it would have been in the philosophy, years ago, that fees ought to cover a specific portion of operating expenses of the Planning Department that was directly responsible. He stated in full context the current Board, in the past year, has embraced and embarked upon a $305 million school rehabilitation program that needs to get paid for in some fashion, public safety has been enhanced tremendously and teacher positions have been restored back to pre-recession levels. He further stated home values in the community are directly correlated with public safety and the perceived quality of education. He stated schools that are perceived to be newer and better are magnets for new development, which is a benefit to the homebuilding community that is provided by the county government. He noted, in his opinion, cash proffers impact land value and are absorbed by the land owner, not the developer. In regards to Planning fees, he stated the percentage of recovery is a little high but he will support the proposed adjustments. In response to Mr. Elswick's question, Mr. Carmody stated the adjustments projected to generate $300,000 Planning revenue is less than one percentage of the county's overall budget. J J 14-610 08/27/14 Mr. Holland highly praised Board members for their vision and leadership. He stated cash proffers provide certainty and the county's process is efficient and streamlined. He noted the recent investments in regards to industrial and commercial development. Ms. Jaeckle stated it is disappointing to her that in increasing Planning fees there is no interaction relative to improving the process overall for the customer. In response to Ms. Jaeckle's concerns, Mr. Gecker stated fees were cut without cutting service levels from the department, and done in theory to stimulate the economy. Ms. Jaeckle stated there are other ways to provide service levels without more funding. She indicated there needs to be a way to lessen the frustrating process for the customer, aside from costs to the county. Mr. Gecker stated the Board has not yet come up with ways to run departments more efficiently. He further stated the fees should be adjusted to continue the level of service being currently provided. Mr. Holland called for a vote on his motion, seconded by Mr. Warren, for the Board to adopt the following ordinance: AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING AND RE-ENACTING SECTIONS 17-9 OF THE SUBDIVISION ORDINANCE AND 19-25 OF THE ZONING ORDINANCE RELATING TO FEES BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Sections 17-9 and 19-25 of the County of Chesterfield, 1997, as amended, and re-enacted to read as follows: Chapter 17 SUBDIVISION OF LAND 0 0 0 Code of the are amended Sec. 17-9. Fees. In .addition to any other required fees, including those f ees imposed by state agenci es, the fees provided in this section shall. be submitted to the planning department in conjunction with the specified application or request. Applicatioa Type Fee tin dollars} Initial Submittal plus 2 1000 plus 50 per Revision Submittals lot Preliminary Subdivision Plat- Fourth and Subsequent 900 Submittals Overall Conceptual Initial Submittal plus 2 1100 Plan (submitted for Revision Submittals review separate from Preliminary Fourth and Subsequent 900 Subdivision Plat) Submittals 14 - 611 08/27/14 Initial Submittal plus 2 1400 plus 70 per lot Construction Plan Revision Submittals or parcel Review Fourth and Subsequent Submittals 1000 Construction Plan Adjustment 500 per submittal Lot Subdivision Final Plat 1600 plus 30 per lot Minor Subdivision Final Plat 1600 plus 30 per lot Amended or Line Modification Final Plat 85 per lot or parcel Residential Parcel and Family Subdivision Final Plat 100 per lot or parcel Onsite Sewage Disposal System Soils Analysis Review 155 per lot or parcel Major Change to Approved Plat 1000 per submittal Technical Correction Letter per Requested Change 100 Exceptions to Subdivision Requirements Sec. 17-8 1000 per ordinance section~l~ 1000 for first Deferral Request from Planning Commission Public deferral Hearing/Meeting plus 2000 for each deferral thereafter tz] Written Verification of Subdivision or Subdivision Interpretation 150 [1] This fee is in addition to fees applicable to a subdivision plat review. [2] Fee to be paid by applicant requesting or consenting to deferral. O O o Chapter 19 ZONING 0 0 0 Sec. 19-25. Fees. (a) Fees shall be waived for any County department or agency excluding the Chesterfield County Airport, Utilities Department and Public Schools. (b) Except where otherwise stated, each application shall be limited to either a single lot; a combination of lots provided the lots are contiguous to each other; or any combination of lots which were the subject of the same condition of a zoning approval. (c) The fees shown in Table 19-25 A., B. and C. shall be submitted in conjunction with the specified application or request, provided, however, fees for a single application shall not exceed $75,000. (d) Acreage fees shall be prorated on any portion in excess of each whole acre. 14-612 J J J 08/27/14 1400 plus 70 per acre in excess of Rezoning 1 acre ~1~ [z~ Communication Tower 7500 plus 100 per acre in excess ~s~ of 1 acre Electronic Message 2100 plus 100 per acre in excess Center Sign of 1 acre Landfill, Quarry, Mine 7500 plus 100 per acre in excess or Borrow Pit of 1 acre~2~ Conditional 7500 plus 100 per acre in excess Use Adult Business of 1 acre~Z~ or Use Incidental to Conditional Principal Dwelling to 300 [z~ Use Planned include Family Day Care Development Home Recreational Facility and Grounds Primarily 300 X27 Serving Surrounding Residential Community in excess of re 1400 plus 70 per a All Others [ ~ 1 acre 7500 plus 100 per acre in excess Substantial Communication Tower of 1 acre~2~ Accord 1400 plus 70 per acre in excess of All Others 1 acre~2~ Manufactured Home Permit 200 Single Family Dwelling Resource or Accessory Use to 300 Protection Single Family Dwelling Area Exception All Others 2300 Use Incidental to Principal Dwelling to include Family Day Care 300~Z~ Home or Resource Protection Area Single Family Dwelling Amend Recreational Facility Conditions of and Grounds Primarily ~2~ Previously Serving Surrounding 300 Approved Residential Community Application Manufactured Home Permit 200 2000 for first 2 conditions plus 1000 for each condition All Others thereafter (includes condition of textual statement) ~i~ [z] Deferral of Case from Planning Commission 1000 for first deferral or Board of Supervisors' Public plus 2000 for each deferral Hearing/Meeting thereafter~l~~j~ Notes for Table 19-25.A. [1] For any office, commercial or industrial use within an enterprise zone, enterprise subzone or technology zone as designated by the county code, an application fee shall not be required provided the director of planning determines that the request is in compliance with the comprehensive plan. [2] One application may be made for any combination of the requests footnoted as [2). The fee for any combination of these requests shall not be cumulative; rather the fee shall be based upon the category having the highest fee. [3] Fee to be paid by applicant requesting or consenting to deferral. 14-613 08/27/14 Special Manufactured Home 200 z Exception All Others 300 Amend Conditions of Previously Approved Application 300~1~[z~ Appeal Planning Director's Decision oa Zoning Matters 700 Deferral request by applicant of Board of Zoning Appeals Public Hearing 200 Temporary Family Health Planning Permit or Written Care Unit 100 Determinations 'Written Determinations 150 Notes for Table 19-25.B. [1] One application may be made on a single lot for any combination of th requests footnoted as [1] The fee for any combination of these request shall not be cumulative; rather the fee shall be based upon the categor having the highest fee. [2] One application may be made on a single lot for any combination of t requests footnoted as [2] The fee for any combination of these request shall not be cumulative; rather the fee shall be based upon the catego having the highest fee. Applicatioa Typ® Fee (ia dollars) Building Permit for New Single, Two Family or Townhouse Dwelling 40 per unit Sign Permit (Excluding Temporary 150 Banners) All others 200 1400 Schematic or Overall Development Plan plus 70 per acre in excess of 1 acre Adjustment/Amendment to Approved Schematic, Overall Development Plaa or Site Plan 700 per submittal Initial Submittal plus 2 Revision 1400 Submittals plus 70 per acre in excess of 1 acre~'~ Submittals Subsequent to First 3 350 per submittal~l~ Site Plan Submittals Appeal Planning Director's Decision on Site Plan 700 Plan Transfer to Electronic Format per Sec. 19-264 (f) 130 Deferral Request from Planning Commission 1000 for first deferral Hearing/ Meetiag plus 2000 for each deferra thereafter ~1~ [z~ Notes for Table 19-25.C. [1] For any office, commercial or industrial use within an enterprise zon enterprise subzone or technology zone as designated by the county code, application fee shall not be required. [2] Fee to be paid by applicant requesting or consenting to deferral. 0 0 0 (2) That this ordinance shall become effective immediately upon adoption Ayes: Holland, Elswick, Warren and Gecker. Nays: Jaeckle. J J J 14-614 08/27/14 18.A. TO CONSIDER AMENDMENTS TO THE COUNTY CODE RELATIVE TO UNLAWFUL CONDITIONS OF WEEDS, GRASS, SHRUBBERY, TREES AND OTHER VEGETATION Mr. Mincks indicated the previous motion was only to eliminate the word "brush" from the ordinance; however, the remainder of the ordinance had not yet been adopted. On motion of Mr. Gecker, seconded by Mr. Warren, the Board adopted the following ordinance, as proposed: AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING AND RE-ENACTING SECTION 11-32 RELATING TO UNLAWFUL CONDITIONS OF WEEDS, GRASS, SHRUBBERY, TREES AND OTHER VEGETATION GENERALLY BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Section 11-32 of the Code of the County of Chesterfield, 1997, as amended, is amended and re-enacted to read as follows: Sec. 11-32. Unlawful conditions of weeds, grass, shrubbery, trees and other vegetation generally. (a) Occupied property. This paragraph shall not apply to land zoned for or in an active farming operation. (1) No owner of occupied residential real property shall permit to remain on such property or any part thereof a grass or lawn area of less than one-half acre when growth on such grass or lawn area exceeds 12 inches in height. (2) No owner of any occupied developed or undeveloped property, including property upon which buildings or other improvements are located, within the boundaries of platted subdivisions or any other areas zoned for residential, office, commercial, or industrial use shall permit to remain thereon, any grass, weeds, or other uncontrolled vegetation in excess of 18 inches in height unless located in areas within the property that are used for pastures, under cultivation, forested, subject to utility transmission easements, or where the vegetative growth is regulated under state or federal laws or programs. (b) Vacant property. This paragraph does not apply to land zoned for or in an active farming operation. No owner of any vacant developed or undeveloped property, including property upon which buildings or other improvements are located, within the boundaries of platted subdivisions or any other areas zoned for residential, office, commercial, or industrial use shall permit to remain thereon, any grass, weeds, or other uncontrolled vegetation in excess of 18 inches in height unless located in areas within the property that are used for pastures, under cultivation, forested, subject to utility transmission easements, or where the vegetative growth is regulated under state or federal laws or programs. 14-615 08/27/14 (c) Occupied and Vacant Property. No owner of any lot or parcel of land shall permit to grow or remain thereon any hedge, shrub, tree or other vegetation, the limbs, branches or other parts of which overhang, extend or protrude into any street, sidewalk or public alley in a manner which obstructs or impedes the safe and orderly movement of persons or vehicles thereon, or, in the case of trees, when the dead limbs or branches thereof are likely to fall into or across such street or sidewalk, thereby endangering such persons and vehicles. (d) Upon remedying any unlawful condition hereunder, the owner shall dispose of such vegetation in a manner that eliminates any potential fire hazard. (e) County's Authority to Act. Whenever the county administrator, or an official designated by him, has determined by reports, inspections or otherwise, that any unlawful condition exists hereunder, he shall notify the owner of the land upon which the violation exists to cut or cause to be cut the grass, weeds, or other uncontrolled vegetation within such reasonable time as is specified in the notice. Such notice shall be in writing, shall be delivered by hand or mailed to the last known address of the owner and shall be complied with by the owner. If such grass, weeds, or other uncontrolled vegetation are not cut within the required time, a county official designated by the county administrator shall cause them to be cut, and the costs and expenses thereof, including an administrative handling charge of $35.00, shall be billed to the property owner and, if not paid, shall be added to and collected in the same manner as the real estate tax on such property. The county administrator or his designee shall certify the costs and expenses to the treasurer of the county, who shall collect such amount; if such amount shall remain unpaid for a period of 60 days, then the treasurer shall certify such charges as being unpaid to the clerk of the circuit court of the county, who shall maintain a record book of such delinquent costs and expenses in the records of the clerk's office. (f ) Lien on Property. In addition to any authority the treasurer has to place a lien through the tax collection process, costs and expenses incurred by the county to correct violations of paragraphs (a)(2) or (b) shall be assessed against the owner and any lien holder of the property and, if they remain unpaid, shall constitute a lien against such property ranking on a parity with liens for unpaid local taxes, and shall be enforceable in the same manner as provided in Code of Virginia, tit. 58.1, ch. 39, arts. 3 and 4 (§§ 58.1-3940--58.1-3974), as amended. A locality may waive such liens in order to facilitate the sale of the property. Such liens may be waived only as to a purchaser who is unrelated by blood or marriage to the owner and who has no business association with the owner. All such liens shall. remain a personal obligation of the person who was owner of the property at the time the liens were imposed. (g) Penalties. (1) Violations of (a) (2) or (b) . Violations of (a) (2) or (b) shall be subject to a civil penalty of 14-616 J J J 08/27/14 Ayes: Nays: State law reference - Authorized by Code of Virginia §§ 15.2- 901, 15.2-1215, and 15.2-2009. (2) That this ordinance shall become effective immediately upon adoption. Ayes: Holland, Elswick, Jaeckle, Warren and Decker. Nays: None. 19. REMAINING MANUFACTURED HOME PERMITS AND ZONING REQUESTS There were no remaining requests for manufactured home permits or rezoning at this time. 20. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED MATTERS There were no requests to address the Board at this time. 21. ADJOURNMENT On motion of Mr. Holland, seconded by Mr. Elswick, the Board adjourned at 7:53 p.m., until September 17, 2014. $50.00 for the first violation, or violations arising from the same set of operative facts. The civil penalty for subsequent violations not arising from the same set of operative facts within 12 months of the first violation shall be $200.00. Each business day during which the same violation is found to have existed shall constitute a separate offense. In no event shall a series of specified violations arising from the same set of operative facts result in civil penalties that exceed a total of $3,000.00 in a 12-month period. In addition, these violations shall be a Class 3 misdemeanor in the event three civil penalties have previously been imposed on the same defendant for the same or similar violation, not arising from the same set of operative facts, within a 24-month period. Classifying such subsequent violations as criminal offenses shall preclude the imposition of civil penalties for the same violation. (2) Violations of (a) (1), (c) and (d) . Any violation of (a)(1), (c), and (d) of this section shall be punishable by a civil penalty not to exceed $loo.oo. Holland, Elswick, Jaeckle, Warren and Decker. None. ames Ste aier Count Administrator 14-617 08/27/14 J J