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2015-11-19 MinutesBOARD OF SUPERVISORS MINUTES November 18, 2015 15-1113 11/18/15 Supervisors in Attendance: Staff in Attendance: Mr. Stephen A. Elswick, Chairman Mr. Greg Akers, Dir., Mr. Arthur S. Warren, Vice Chrm. Internal Audit Ms. Dorothy A. Jaeckle Dr. Sheryl Bailey, Dep. Mr. James M. Holland County Administrator, Mr. Daniel A. Gecker Management Services Mr. Michael Bacile, Dir., Purchasing Mr. James J. L. Stegmaier Ms. Janice Blakley, County Administrator Clerk to the Board Ms. Patsy Brown, Dir., Accounting Mr. Kevin Bruny, Dean, Chesterfield University Ms. Debbie Burcham, Exec. Dir., Community Services Board Mr. Allan Carmody, Dir., Budget and Management Ms. Jana Carter, Dir., Juvenile Services Mr. Ron Clement, Asst. Dir., Building Inspection Mr. Barry Condrey, Dir., IST Ms. Mary Ann Curtin, Dir., Intergovtl. Relations Mr. Jonathan Davis, Dir., Real Estate Assessment Mr. William Dupler, Dep. County Administrator, Community Development Mr. Michael Golden, Dir., Parks and Recreation Mr. John W. Harmon, Real Property Manager Mr. Garrett Hart, Dir., Economic Development Mr. George Hayes, Dir., Utilities Department Mr. Rob Key, Director, General Services Mr. Louis Lassiter, Asst. County Administrator Mr. Mike Mabe, Dir., Library Mr. Jeffrey L. Mincks, County Attorney Ms. Susan Pollard, Dir., Public Affairs Ms. Lucy Rodriguez, Int. Dir Social Services Ms. Mary Martin Selby, Dir., fir' Human Resource Services Chief Loy Senter, Fire and EMS Mr. Scott Smedley, Dir., Environmental Engineering 15-1113 11/18/15 Mr. Jesse Smith, Dir., Transportation Mr. Kirk Turner, Dir., Planning Mr. Scott Zaremba, Dir., Human Resources Programs Mr. Elswick called the regularly scheduled meeting to order at 3:00 p.m. 1. APPROVAL OF MINUTES FROM OCTOBER 28, 2015 On motion of Ms. Jaeckle, seconded by Mr. Gecker, the Board approved the minutes of October 28, 2015, as submitted. Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. 2. COUNTY ADMINISTRATOR'S COMMENTS 2.A. COUNTY ADMINISTRATOR'S REPORT • Mr. Stegmaier reported the Accounting Department has completed preparation of the County's FY2015 Comprehensive Annual Financial Report (CAFR), which includes financial statements audited by Cherry Bekaert, LLP, independent auditors. He called for Mr. Rob Churchman, the engagement partner from KPMG, LLP, to formally present the report to the Board. He also recognized Accounting and Internal Audit staff, who were in attendance. Mr. Gecker expressed appreciation for Mr. Churchman's very thorough report. He noted Mr. Churchman's firm is new to the county and staff had to make some adjustments, accordingly. He commended the efforts of Accounting and Internal Audit staff. Mr. Holland expressed appreciation and complimented Mr. Churchman for the thorough and outstanding report. He also highly praised the efforts of Accounting and Internal Audit staff. He noted the county had to record pension liabilities this year. Mr. Elswick concurred with Mr. Gecker and Mr. Holland's accolades. • Mr. Stegmaier announced Chesterfield County has received the Distinguished Budget Presentation Award from the Government Finance Officers Association (GFOA) for the period beginning July 1, 2015. He stated the award reflects the commitment of the governing body and staff to meet the highest principles of governmental budgeting. He further stated in order to receive the budget award, the county had to satisfy nationally recognized guidelines for an effective budget presentation. He stated these guidelines are designed to assess how well an entity's budget serves as a policy document, a financial plan, an operations guide and a communications device. He also recognized Mr. Allan Carmody and members of the Budget team, who were in attendance. 15-1114 11/18/15 PE 19 Mr. Stegmaier announced Chesterfield Community Services Board Department of Mental Health Support Services received a three-year re -accreditation for all of its programs from the Commission on Accreditation of Rehabilitation Facilities (CARF). He stated the accreditation outcome represents the highest level of accreditation, marking the seventh consecutive three- year accreditation awarded to the Chesterfield CSB by CARF, an international accreditation body. He also recognized Ms. Debbie Burcham and the Mental Health Support Services staff, who were in attendance. Mr. Stegmaier reported at last week's VACo annual meeting Chesterfield, along with five other counties, was recognized by VACo as a 2015 Go Green county. He stated Mr. Larry Land, Director of Policy and Development for VACo and Mr. Tony Bell, Vice President of Moseley Architects were in attendance to present the award to the county. Mr. Warren and Mr. Stegmaier accepted the award on behalf of the county and recognized Mr. Rob Key and General Services staff for their tremendous efforts focusing on energy conservation. 3. BOARD MEMBER REPORTS Mr. Holland announced the Dale District held a community meeting on November 12th regarding the proposed Bikeways and Trails Plan. He expressed appreciation to Dale District constituents for their support and confidence relative to his reelection. Mr. Warren congratulated the newly elected Board of Supervisors members and returning members. 4. REQUESTS TO POSTPONE AGENDA ITEMS AND ADDITIONS, DELETIONS OR CHANGES IN THE ORDER OF PRESENTATION On motion of Mr. Holland, seconded by Ms. Jaeckle, the Board replaced Item 5.A., Resolution Recognizing Mr. Curtis W. Campbell, Building Inspection Department, Upon His Retirement; replaced Item 8.B.3.b., Transfer of District Improvement Funds from the Matoaca District Improvement Fund to the School Board to Purchase a Replacement Heavy -Duty Lawn Mower for Field Maintenance at Matoaca High School; replaced Item 8.B.8.g., Request for Permission from Christopher M. Simmons and Sarah M. Simmons for a Proposed Gravel Driveway to Encroach Within a Twenty -Four -Foot County Right Way Known as Virginia Avenue to Access Property on Virginia Avenue; replaced Item 8.B.12., Conveyance of an Easement to Virginia Electric and Power Company to Extend Service to Mobile Classrooms Being Installed at Providence Middle School; replaced Item 9.C., Report of Planning Commission Substantial Accord Determination for Chesterfield County Parks and Recreation (Case 15PD0205) to Permit a Special Purpose Park in General Industrial (I-2) and Heavy Industrial (I-3) Districts; and replaced Item 9.D., Report of Planning Commission Substantial Accord Determination for Chesterfield County Parks and Recreation (Case 16PD0149) to Permit a Neighborhood Park in Light Industrial (I-1) and Residential (R-9) Districts. Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. 15-1115 11/18/15 5. RESOLUTIONS 5.A. RECOGNIZING MR. CURTIS W. CAMPBELL, BUILDING INSPECTION DEPARTMENT, UPON HIS RETIREMENT Mr. Clements introduced Mr. Curtis W. Campbell, who was present to receive the resolution. On motion of Mr. Gecker, seconded by Mr. Holland, the Board adopted the following resolution: WHEREAS, Mr. Curtis W. Campbell joined Chesterfield County, Virginia as a plumbing inspector on February 2, 1987; and WHEREAS, he earned multiple promotions during his career with the county leading to his promotion to building inspection supervisor on September 20, 2008; and WHEREAS, Mr. Campbell will retire from the Chesterfield County Department of Building Inspection on December 1, 2015, after providing 28 years of dedicated service; and WHEREAS, he faithfully served the county and its residents with honor and integrity; and WHEREAS, Mr. Campbell's work to provide a safe -built environment in Chesterfield County has greatly enhanced the well-being of our residents and visitors; and WHEREAS, he is known for his technical knowledge of the profession and dedication in seeking opportunities to be a 1VJ mentor and share his knowledge and experiences with staff members and the public; and WHEREAS, his commitment to knowledge and professionalism is exemplified by his achieving seven professional certifications; and WHEREAS, Mr. Campbell generously devoted his time, talent and leadership to service with the Virginia Plumbing and Mechanical Inspector's Association culminating in his election to vice president of the association in 2014; and WHEREAS, he has served the residents of the Commonwealth of Virginia through his work as an advanced instructor for the Virginia Department of Housing and Community Development's Jack A. Proctor Building Code Academy; and WHEREAS, he has received professional recognition for his contributions to the plumbing and mechanical inspection profession through receipt of the Virginia Plumbing and Mechanical Inspector's Association's Gordon I. Dameron Award for Outstanding Service in 2012.141 NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 18th day of November, 2015, publicly recognizes Mr. Curtis W. Campbell for his contributions to Chesterfield County, the Commonwealth of 15-1116 11/18/15 Virginia and the national building code professional community, expresses the appreciation of all residents for his service to the county, and extends appreciation for his dedicated service to the Building Inspection Department and congratulations upon his retirement. AND, BE IT FURTHER RESOLVED that a copy of this resolution be presented to Mr. Campbell and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. Mr. Elswick presented the executed resolution to Mr. Campbell, commended him for his exceptional service to the county and congratulated him upon his retirement. All Board members sincerely thanked Mr. Campbell for his outstanding service, commitment and dedication to the county and wished him a long and happy retirement. Mr. Stegmaier presented Mr. Campbell with an acrylic statue and county watch, congratulated him on his retirement and expressed appreciation for his outstanding service to the county. Mr. Campbell, accompanied by his wife, sincerely thanked the Board for the special recognition and kind sentiments. 5.B. RECOGNIZING THE GREATER SOUTHPORT BUSINESS ASSOCIATION ON ITS 35TH ANNIVERSARY Mr. Hart introduced Greater Southport Business Association Board of Directors members Mr. Ray Birk, Mr. Bobby Young, Mr. Al Meyer, Mr. Bill Levitt and Mr. Bobby Kelland, who were present to receive the resolution. Mr. Warren congratulated the Greater Southport Business Association on its 35th anniversary and expressed his appreciation for its contributions to Chesterfield County. On motion of Mr. Warren, seconded by Mr. Holland, the Board adopted the following resolution: WHEREAS, the Greater Southport Business Association was founded in 1980 with a mission to serve the businesses within and around the Southport Business Park to make the area a prosperous, safe and thriving place to do business; and WHEREAS, the Greater Southport Business Association has supported the county by providing input and insight to issues that affect the business community; and WHEREAS, the Greater Southport Business Association fostered growth and communication within the local business community by hosting regular networking events and special events such as trade shows that focused on promoting those businesses; and 15-1117 11/18/15 WHEREAS, the Greater Southport Association worked with the county to provide additional streetlights and informational signage in the Southport Business Park to ensure a safe business location; and WHEREAS, the Greater Southport Business Association worked with the Virginia Department of Transportation, Chesterfield County and the local business community to install additional turning lanes onto Midlothian Turnpike and widen Route 60 to create better and safer traffic flow; and WHEREAS, under the leadership of then president, Ray Birk, the Greater Southport Business Association worked with the Virginia Department of Transportation, Chesterfield County and the local business community to develop and implement a streetscape plan, the Midlothian Initiative to Revitalize Rights of Way (MIRR) project, to improve the overall appearance of the Midlothian Turnpike business corridor; and WHEREAS, the Greater Southport Business Association was an active partner in the development of Chesterfield County's Comprehensive Plan, representing their business membership, by providing citizen input and ensuring that the Southport Business Park was included in the future development goals of the County. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 28th day of October 2015, publicly recognizes and congratulates the Greater Southport Business Association on its 35th anniversary and expresses the appreciation of all residents for its contributions to Chesterfield County. AND, BE IT FURTHER RESOLVED that a copy of this resolution be presented to the Greater Southport Business Association and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. Mr. Gecker presented the executed resolution to members of the Greater Southport Business Association, congratulated them on the association's 35th anniversary and expressed his appreciation for its contributions relative to future development goals of the county. Mr. Birk thanked the Board for the special recognition and kind sentiments. 5.C. RECOGNIZING THE RICHMOND FORUM ON THE OCCASION OF ITS 30TH SEASON Ms. Pollard introduced Mr. Bill Chapman, Executive Director of the Richmond Forum who were present to receive the resolution. On motion of Mr. Holland, seconded by Mr. Elswick, the Board adopted the following resolution: 15-1118 11/18/15 M WHEREAS, The Richmond Forum was founded as a non-profit community education organization in 1986; and WHEREAS, The Richmond Forum was created on the belief that a well-informed citizenry is essential to a functioning democracy; and WHEREAS, the mission of The Richmond Forum is to bring speakers of national and international importance to Greater Richmond for the purposes of "expanding horizons, stimulating conversation, and inspiring our community"; and WHEREAS, the speakers at The Richmond Forum have included U.S. presidents, international heads of state, innovators from science and business, icons from arts and culture, and thought leaders of all kinds; and WHEREAS, The Richmond Forum has grown to be the largest speaker series in America; and WHEREAS, 4,500 citizens attend each Richmond Forum program in order to hear diverse opinions, profound insights, and stimulating discussion on a broad range of issues; and WHEREAS, 1,450 high school students are incorporated into each Richmond Forum season, having the opportunity to interact directly with its speakers; and WHEREAS, The Richmond Forum elevates our community through the promotion of civil discourse; and WHEREAS, The Richmond Forum enhances the visibility and reputation of Richmond and its surrounding counties on the national and international stages; and WHEREAS, The Richmond Forum is now in its thirtieth season. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 18th day of November 2015, publicly recognizes the outstanding contributions of The Richmond Forum on behalf of all Chesterfield County residents, and congratulates the organization on the occasion of its 30th season. AND, BE IT FURTHER RESOLVED that a copy of this resolution be presented to The Richmond Forum, and that this resolution be recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. Mr. Elswick presented the executed resolution to Mr. Chapman, congratulated the organization on the occasion of its 30th season and expressed his appreciation for the contributions of The Richmond Forum. Mr. Chapman thanked the Board for the special recognition. 15-1119 11/18/15 6. WORK SESSIONS 6.A. COMMUNITY SERVICES BOARD PRESENTATION Mr. Gib Sloan, Chairman of the Community Services Board, recognized Community Service Board members who were in the audience. He stated the agency continues to face challenges, from limited resources, to the frustration with complexity and diversity of the consumers. He then expressed appreciation for the Board's efforts and continued support. Ms. Debbie Burcham, Executive Director of the Community Services Board, expressed her appreciation for the opportunity to present an update to the Board on the activities of the Chesterfield Community Services Board through the Department of Mental Health Support Services. She stated revenue continues to remain stable with Medicaid being the highest contributor to the department's funding at $17.6 million. She further stated Chesterfield generously provides $11.4 million to support programs and services that are not reimbursable through other sources. She noted the state general fund provides over $4.8 million followed by $2.4 million in fees and $870,000 in general grants. She stated service levels have remained stable and last year the Community Services Board served over 6,500 residents of Chesterfield County and provided almost 10,000 services. She further stated almost 3,400 cases were opened and 684 individuals were prescreened for hospitalization. She then highlighted some department successes, new initiatives, programs, services and partnerships. She stated while the Community Services Board has implemented many new initiatives to improve services to county residents, there continues to be challenges. She further stated the waiver waiting list has reached 594 individuals with intellectual disabilities waiting for services. She stated opiate overdose is rising at an alarming rate across the country. She further stated the department continues to offer outpatient substance user services and financial support for medication assisted treatment for those presented with opiate addiction, and the team is also exploring new treatment options. She then reviewed future directions and stated there is a movement for public mental health centers to become Certified Behavioral Health Centers through a model of care that will fully integrate all behavioral health and primary health care services for individuals with mental health and substance use disorders. In closing, she thanked the Board for their continued support of the Community Services Board and the department to provide a better community for all Chesterfield County residents. In response to Ms. Jaeckle's question, Ms. Burcham stated there are currently over 500 waivers. Ms. Jaeckle expressed her appreciation to the Community Services Board for their efforts dealing with the most challenging mental health issues. She noted the blind, disabled and elderly are the neediest individuals who benefit from Medicaid support. Mr. Holland commended the Community Services Board for their tremendous efforts and stressed the important services of the Crisis Intervention Team. 15-1120 11/18/15 In response to Mr. Elswick's question relative to same day access data, Ms. Burcham stated some walk-in individuals do not need an assessment and may go through a brief intake process. Mr. Elswick also commended the Community Services Board for their ongoing efforts for the residents of Chesterfield County. 7. DEFERRED ITEMS 7.A. 15SN0634 In Midlothian Magisterial District, Charter (E & A) LLC requests amendment of conditional use planned development (Cases 94SN0138 & 13SN0509) to permit exceptions to density and residential townhouse standards and amendment of zoning district map in a Community Business (C-3) District on 10.2 acres fronting 700 feet on the west line of Charter Colony Parkway, 850 feet south of Midlothian Turnpike, also fronting 550 feet on the east line of LeGordon Drive, 1115 feet south of Midlothian Turnpike. Density will be controlled by zoning conditions or ordinance standards. The Comprehensive Plan suggests the property is appropriate for Planned Transition Area uses. Tax ID 726 -707 -Part of 3592. Mr. Ryan Ramsey stated the public hearing for the request was closed by the Board on September 16, 2015. He further stated on November 9, 2015, the applicant submitted a proffered condition relative to a partial cash proffer payment for the School's component of the cash proffer. He stated per Virginia State Code, the Board of Supervisors cannot consider or accept a new proffer from the applicant after the closure of the public hearing; therefore, a new public hearing is necessary to consider the applicant's new proffered condition. He further stated staff recommends that the case be deferred and re -advertised for the Board's December 16, 2015 public hearing to permit the Board's consideration of the new proffered condition. On motion of Mr. Gecker, seconded by Ms. Jaeckle, the Board deferred Case 15SN0634 until December 16, 2015. Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. 7.B. APPLICATION FOR WASTE MATERIAL MANAGEMENT AND DISPOSAL BY SHOOSMITH BROTHERS, INCORPORATED TO USE THE QUARRY AS A LANDFILL Mr. Dupler stated the applicant, Shoosmith Brothers, Incorporated, has formally withdrawn their application. He noted there is no action needed by the Board. 8. NEW BUSINESS 8.A. APPOINTMENTS On motion of Mr. Holland, seconded by Mr. Gecker, the Board suspended its rules to allow simultaneous nomination /appointment of members to the Board of Building Code and Fire Appeals. Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. 15-1121 11/18/15 8.A.1. BOARD OF BUILDING CODE AND FIRE APPEALS On motion of Mr. Gecker, seconded by Mr. Holland, the Board simultaneously nominated/appointed Mr. Michael C. Bricker from the Midlothian District and Mr. James Ingle from the Bermuda District to serve as regular board members on the Board of Building Code and Fire Appeals, whose terms are effective November 19, 2015, and will expire on November 19, 2018. And, further, the Board nominated/appointed Mr. Michael Vaught from the Clover Hill District, Ms. Debbie Anderson from the Midlothian District, and Mr. Thomas Vavra from the Bermuda District to serve as alternate board members on the Board of Building Code and Fire Appeals, whose terms are effective November 19, 2015, and will expire on November 19, 2018. Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. 8.B. CONSENT ITEMS 8.B.1. 8.B.1.a. ADOPTION OF RESOLUTIONS RECOGNIZING COUNTY EMPLOYEES UPON THEIR RETIREMENT 8.B.1.a.1. CAPTAIN RICHARD 0. EARHART, FIRE AND EMERGENCY MEDICAL SERVICES DEPARTMENT On motion of Ms. Jaeckle, seconded by Mr. Gecker, the Board 1141 adopted the following resolution: WHEREAS, Captain Richard O. Earhart retired from the Chesterfield Fire and Emergency Medical Services Department, Chesterfield County, on August 1, 2015; and WHEREAS, Captain Earhart attended Recruit School #11 in February 1981, and has faithfully served the county for over 34 years in various assignments as a firefighter and officer at the Ettrick, Dutch Gap, Bensley, Buford, Wagstaff, Matoaca, Clover Hill, Midlothian and Phillips Fire and EMS Stations; and WHEREAS, Captain Earhart was promoted to the rank of lieutenant in August 2002; and WHEREAS, Captain Earhart served as the lead instructor for Recruit School #37 in July 2005; and WHEREAS, Captain Earhart served as an Alternate Tactical Safety Officer for two years before being promoted to the rank of captain in June 2006, and later served as an acting battalion chief; and WHEREAS, Captain Earhart has received two Lifesave Awards and two Unit Citation Awards, exemplifying a high level of service to the residents of Chesterfield County; and 15-1122 11/18/15 WHEREAS, Captain Earhart served on numerous workgroups and completed many projects, including the Awards Committee, Foam workgroup, Truck 9 Design and Specifications Committee, as well as the Aircraft Rescue Firefighter Vehicle Replacement Committee; and WHEREAS, Captain Earhart coordinated two complete kitchen renovation projects at the Buford and Phillips Fire and EMS Stations. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes the contributions of Captain Richard O. Earhart, expresses the appreciation of all residents for his service to the county, and extends appreciation for his dedicated service and congratulations upon his retirement. Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. 8.B.1.a.2. MS. DEBRA P. WINECOFF, CHESTERFIELD COUNTY PUBLIC LIBRARY On motion of Ms. Jaeckle, seconded by Mr. Gecker, the Board adopted the following resolution: WHEREAS, Ms. Debra P. Winecoff retired from the Chesterfield County Public Library on November 1, 2015; and WHEREAS, Ms. Winecoff began her public service career with the Department of General Services as a clerk -typist on September 12, 1977; and WHEREAS, Ms. Winecoff then became an expeditor in the Purchasing Department; and WHEREAS, Ms. Winecoff transferred to the Chesterfield County Public Library in 1980 as a paraprofessional providing Reference, Readers' Advisory and Family Programming services at the Chester Library; and WHEREAS, over the next seven years, Ms. Winecoff provided these same library services at the LaPrade, Midlothian and Central libraries; and WHEREAS, Ms. Winecoff was appointed Acting Administrative Officer in Library Administration in November 1987 due to the vacancy of this key position; and WHEREAS, Ms. Winecoff was subsequently named the Library's Employee of the Year in 1988 due to her excellent management of the business affairs of the Library, including the Library's budget, and because she made improvements in processes, operations and communication during her tenure as Acting Administrative Officer; and 15-1123 11/18/15 WHEREAS, Ms. Winecoff continued to assist the Library Director and staff by providing guidance, oversight and planning in the areas of the operating budget, the Capital Improvement Program and in financial and administrative operations throughout her subsequent positions of Administrative Analyst, Library Services Administrator, and Chief of Administrative Services; and WHEREAS, Ms. Winecoff also assisted the Library Director in the development of the Library's portion of several adopted Public Facilities Plans; and WHEREAS, Ms. Winecoff played a major role in the growth of the Library system, which grew from six libraries providing approximately 59,800 square feet of library space to ten libraries providing approximately 180,700 square feet of library space; and WHEREAS, during Mrs. Winecoff's tenure, these facility improvements included the expansion and renovation of the Bon Air, Central, and Midlothian libraries along with the addition of three new libraries - Enon, Meadowdale, and Clover Hill and the more recent replacement of the Chester, LaPrade and Meadowdale libraries with much larger facilities; and WHEREAS, Ms. Winecoff was a key member of the design and implementation teams for these building projects, including the coordination of the move in and opening for these projects; and WHEREAS, Ms. Winecoff also served on the Library's Technology Implementation Team to establish the Library's first online integrated library system; and WHEREAS, Ms. Winecoff coordinated the creative process that resulted in the Library's first logo; and WHEREAS, Ms. Winecoff served on numerous interdepartmental focus groups, committees and teams, including helping to staff a booth at the fair for the 1996 Bond Referendum and serving on the 2004 Bond Referendum team that presented bond information at public meetings; and WHEREAS, Ms. Winecoff was also a member of the 2012 Comprehensive Plan Technical Committee; and WHEREAS, Ms. Winecoff strove career to ensure the responsible Library resources; and continuously throughout her stewardship of County and WHEREAS, Ms. Winecoff has received several commendations and letters of appreciation throughout her years of service with Chesterfield County. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors this recognizes Ms. Debra Painter Winecoff, and extends on behalf of its members and the citizens of Chesterfield County, appreciation for more than 38 years of unwavering dedication to Chesterfield County and to the Chesterfield County Public Library. Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. 15-1124 11/18/15 9 9 19 IR 8.B.1.a.3. DEPUTY CHIEF MARK D. SACRA, FIRE AND EMERGENCY MEDICAL SERVICES DEPARTMENT On motion of Ms. Jaeckle, seconded by Mr. Gecker, the Board adopted the following resolution: WHEREAS, Deputy Chief Mark D. Sacra will retire from the Chesterfield Fire and Emergency Medical Services Department, Chesterfield County, on December 1, 2015; and WHEREAS, Deputy Chief Sacra graduated from Recruit School #10 in November 1979, and has faithfully served the county for over 36 years in various assignments as a firefighter and officer at the Dale, Ettrick, Manchester, Dutch Gap, Clover Hill, Bon Air, and Chester Fire and EMS Stations; and WHEREAS, Deputy Chief Sacra was promoted to the rank of sergeant in 1984, lieutenant in 1987, captain in 1990, and was reclassified as a senior captain in 1992; and WHEREAS, Deputy Chief Sacra was promoted to the rank of battalion chief in 2001, serving on "B" Shift, and was appointed as shift leader on "A" Shift in 2003, and then later served as the South Division Commander from 2004 to 2007; WHEREAS, Deputy Chief Sacra was promoted to the rank of deputy chief and assigned to oversee the Emergency Operations Section in 2007; and WHEREAS, Deputy Chief Sacra served the department as the EMS Coordinator in 2004 and 2005, which was a part-time position in addition to normal responsibilities, and served in the Training and Safety Division for six years where he coordinated Recruit Schools 23, 24, and 25, serving as the principal instructor for Schools 24 and 25; and WHEREAS, Deputy Chief Sacra served as the coordinator for the 1995 Virginia State Fire Chief's Association Summer Conference, hosted in Chesterfield, and was a presenter at two Virginia Fire Chief's Association Conferences; and WHEREAS, Deputy Chief Sacra graduated from the National Fire Academy Executive Fire Officer Program in 2007; and WHEREAS, Deputy Chief Sacra chaired two departmental communications workgroups; created the "Daily Business Plan," which is distributed daily to create situational awareness for personnel on activities for the day in Operations; served on the department's Leave and Staffing Workgroup in 2003, developing staffing processes that are still in use today; and represented Emergency Operations on the Chesterfield EMS Advisory Council from 2007 to 2015; and WHEREAS, Deputy Chief Sacra represented the department on the Central Virginia Operation's Chiefs Committee from 2007 until retirement, chairing the committee from 2008 through 2012 during which two regional training initiatives were conducted, bringing all of the regional departments together and improving cooperation between the departments; and 15-1125 11/18/15 WHEREAS, Deputy Chief Sacra has been a presenter in the organization's Applied Leadership for Company Officers (ALCO) and Chief Officer Development Programs (CODP) and created and delivered a training program for our recruit firefighters and volunteers on the Culture of Chesterfield Fire and EMS. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes the contributions of Deputy Chief Mark D. Sacra, expresses the appreciation of all residents for his service to the county, and extends their appreciation for his dedicated service and their congratulations on his retirement. Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. 8.B.1.a.4. MS. TERRY R. JACOBS, INFORMATION SYSTEMS TECHNOLOGY DEPARTMENT On motion of Ms. Jaeckle, seconded by Mr. Gecker, the Board adopted the following resolution: WHEREAS, Ms. Terry R. Jacobs will retire from the Chesterfield County Information Systems Technology Department on November 30, 2015, after providing 37 years of quality service to the citizens of Chesterfield County; and WHEREAS, Ms. Jacobs has faithfully served the county in the capacity of keypunch verifier I, keypunch verifier II, control technician, data control assistant supervisor, data control supervisor, production services coordinator, and applications systems administrator for the Information Systems Technology Department; and WHEREAS, Ms. Jacobs has provided outstanding customer service to all her customers through the years, including every county department and constitutional officer; and WHEREAS, Ms. Jacobs graduated from the Chesterfield University School of Quality and Continuous Improvement in 2002, from Chesterfield University School of Leadership and Personal Effectiveness in 2009, and from the Employee Leadership Institute in 2009; and WHEREAS, Ms. Jacobs was instrumental in the year 2000 preparedness initiative; and WHEREAS, Ms. Jacobs was involved in the Enterprise GIS project by providing testing support and designing production control jobs; and WHEREAS, Ms. Jacobs was recognized for her contribution to Phase II of the InFocus project for Human Resources and Payroll and involved in the InFocus version 7.9.8 upgrade; and WHEREAS, Ms. Jacobs was instrumental in the conversion of the production control job scheduling system from ZEKE to the BMC Control -M system, writing procedures for staff and conducting training; and 15-1126 11/18/15 9 1E M WHEREAS, Ms. Jacobs is a friend to many in the department, always displaying a delightful disposition and willing to help other staff members whenever asked; and WHEREAS, Chesterfield County and the Board of Supervisors will miss Ms. Jacobs' commitment and dedication to the county. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes Ms. Terry R. Jacobs, and extends on behalf of its members and the citizens of Chesterfield County, appreciation for her service to the county, congratulations upon her retirement, and best wishes for a long and happy retirement. Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. 8.B.l.b. PROCLAIMING NOVEMBER 28, 2015, AS "SMALL BUSINESS SATURDAY" IN CHESTERFIELD COUNTY On motion of Ms. Jaeckle, seconded by Mr. Gecker, the Board adopted the following resolution: WHEREAS, Chesterfield County, Virginia celebrates our local small businesses and the contributions they make to our local economy and community; and WHEREAS, according to the United States Small Business Administration, there are currently 27.9 million small businesses in the United States; they represent 99.7 percent of American employer firms, create more than two-thirds of the net new jobs, and generate 46 percent of private gross domestic product, as well as 54 percent of all US sales; and WHEREAS, according to the Virginia Employment Commission, more than 99 percent of Chesterfield County business establishments have fewer than 250 employees; and WHEREAS, small businesses employ over 55 percent of the working population in the United States; and WHEREAS, 89 percent of consumers in the United States agree that small businesses contribute positively to the local community by supplying jobs and generating tax revenue; and WHEREAS, 87 percent of consumers in the United States agree that small businesses are critical to the overall economic health of the United States; and WHEREAS, 93 percent of consumers in the United States agree that it is important for people to support the small businesses they value in their community; and WHEREAS, Chesterfield County, Virginia supports our local businesses that create jobs, boost our local economy and preserve our neighborhoods; and 15-1127 11/18/15 WHEREAS, advocacy groups as well as public and private organizations across the country have endorsed the Saturday after Thanksgiving as Small Business Saturday. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors hereby proclaims November 28, 2015, as "Small Business Saturday" in Chesterfield County, and urges the residents of our community, and communities across the country, to support small businesses and merchants on Small Business Saturday and throughout the year. Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. 8.B.2. TRANSFER OF FUNDS FROM THE MID -LOTHIAN MINES PARK STREAM RESTORATION PROJECT TO THE CHESAPEAKE BAY ACTION PLAN PROJECT On motion of Ms. Jaeckle, seconded by Mr. Gecker, the Board transferred up to $430,000 from the Mid -Lothian Mines Park Stream Restoration Project to the Chesapeake Bay Action Plan Project. Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. 8.B.3. 8.B.3.a. TRANSFER OF DISTRICT IMPROVEMENT FUNDS FROM THE MATOACA DISTRICT IMPROVEMENT FUND TO THE SCHOOL BOARD TO PURCHASE AND INSTALL PROMETHEAN ACTIVBOARDS FOR MATOACA ELEMENTARY SCHOOL On motion of Ms. Jaeckle, seconded by Mr. Gecker, the Board transferred $3,322 in Matoaca District Improvement Funds to the Chesterfield County School Board to purchase and install Promethean ActivBoards for Matoaca Elementary School. Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. 8.B.3.b. FROM THE MATOACA DISTRICT IMPROVEMENT FUND TO THE PARKS AND RECREATION DEPARTMENT TO PURCHASE A REPLACEMENT HEAVY-DUTY LAWN MOWER FOR FIELD MAINTENANCE AT MATOACA HIGH SCHOOL On motion of Ms. Jaeckle, seconded by Mr. Gecker, the Board transferred $4,000 from the Matoaca District Improvement Fund to the School Board for the department to purchase a replacement heavy-duty lawn mower to be used at Matoaca High School for field maintenance. II Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. 15-1128 11/18/15 8.B.3.c. FROM THE BERMUDA DISTRICT IMPROVEMENT FUND TO THE SCHOOL BOARD TO PURCHASE GUITARS AND GUITAR CASES FOR ELIZABETH DAVIS MIDDLE SCHOOL On motion of Ms. Jaeckle, seconded by Mr. Gecker, the Board transferred $3,000 from the Bermuda District Improvement Fund to the School Board to purchase guitars and guitar cases for Elizabeth Davis Middle School. Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. 8.B.4. SET DATES FOR PUBLIC HEARINGS 8.B.4.a. TO CONSIDER THE REAL ESTATE TAX EXEMPTION REQUEST OF CHESTERFIELD ALTERNATIVES, INCORPORATED On motion of Ms. Jaeckle, seconded by Mr. Gecker, the Board set December 16, 2015, as a date for a public hearing to consider the real estate tax exemption request of Chesterfield Alternatives, Incorporated. Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. 8.B.4.b. TO CONSIDER AN AMENDMENT TO THE COUNTY CODE RELATED TO FEES FOR DEFERRAL OF A PUBLIC HEARING/MEETING AND SIGN PERMITS On motion of Ms. Jaeckle, seconded by Mr. Gecker, the Board set December 16, 2015, as a date for a public hearing to consider an amendment to the County Code related to fees for deferral of a public hearing/meeting and sign permits. Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. 8.B.5. ADOPTION OF THE 2016 LEGISLATIVE PROGRAM On motion of Ms. Jaeckle, seconded by Mr. Gecker, the Board adopted the 2016 Legislative Program. Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. 8.B.6. STATE ROAD ACCEPTANCES On motion of Ms. Jaeckle, seconded by Mr. Gecker, 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 15-1129 11/18/15 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 33.2-705, 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: Magnolia Green Section I Type Change to the Secondary System of State Highways: Addition Reason for Change: New subdivision street Pursuant to Code of Virginia Statute: §33.2-705 Street Name and/or Route Number • Rock Cress Court, State Route Number 7848 From: Rock Cress Drive, (Route 7846) To: Cul -de -Sac, a distance of: 0.04 miles. Recordation Reference: Plat Book 218, Page 71 Right of Way width (feet) = 45 • Rock Cress Place, State Route Number 7847 From: Rock Cress Drive, (Route 7846) To: Cul -de -Sac, a distance of: 0.20 miles. Recordation Reference: Plat Book 218, Page 71 Right of Way width (feet) = 45 • Rock Cress Drive, State Route Number 7846 From: Rock Cress Court, (Route 7848) To: Cul -de -Sac, a distance of: 0.07 miles. Recordation Reference: Plat Book 218, Page 71 Right of Way width (feet) = 45 • Rock Cress Drive, State Route Number 7846 From: Rock Cress Place, (Route 7847) To: Rock Cress Court, (Route 7848), a distance of: 0.07 miles. Recordation Reference: Plat Book 218, Page 71 Right of Way width (feet) = 45 • Rock Cress Drive, State Route Number 7846 From: Championship Crossing, (Route 7540) To: Rock Cress Place, (Route 7847), a distance of: 0.11 miles. Recordation Reference: Plat Book 218, Page 71 Right of Way width (feet) = 45 And, further, the Board adopted the following resolution: WHEREAS, the street described below is shown on a plat recorded in the Clerk's Office of the Circuit Court of Chesterfield County; and 15-1130 11/18/15 WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised this Board the street meets the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation. NOW, THEREFORE, BE IT RESOLVED, that this Board requests the Virginia Department of Transportation to add the street described below to the secondary system of state highways, pursuant to Section 33.2-705, 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: Brookcreek Crossing Section E Type Change to the Secondary System of State -Highways: Addition Reason for Change: New subdivision street Pursuant to Code of Virginia Statute: §33.2-705 Street Name and/or Route Number Creekwillow Drive, State Route Number 7802 From: 0.02 miles north of Bridge Creek Drive, (Route 7803) To: Cul -de -Sac, a distance of: 0.03 miles. Recordation Reference: Plat Book 224, Page 61 Right of Way width (feet) = 47 Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. 8.B.7. APPROVAL OF A MEMORANDUM OF AGREEMENT BETWEEN THE CHESTERFIELD JUVENILE DETENTION HOME AND THE VIRGINIA DEPARTMENT OF JUVENILE JUSTICE On motion of Ms. Jaeckle, seconded by Mr. Gecker, the Board approved a Memorandum of Agreement between the Chesterfield Juvenile Detention Home and the Virginia Department of Juvenile Justice, appropriated up to $275,000 in state revenue for FY2016, and authorized the creation of six (6) full-time positions. Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. 8.B.8. REQUESTS FOR PERMISSION 8.B.8.a. FROM ADANA INVESTMENTS, LLC FOR A PROPOSED GRAVEL DRIVEWAY TO ENCROACH WITHIN A FIFTY -FOOT COUNTY RIGHT WAY KNOWN AS FONDA STREET TO ACCESS PROPERTY ON FONDA STREET On motion of Ms. Jaeckle, seconded by Mr. Gecker, the Board granted Adana Investments, LLC, permission for a proposed gravel driveway to encroach within a 50' county right of way known as Fonda Street to access property at 7613 Fonda Street, subject to the execution of a license agreement. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. 15-1131 11/18/15 8.B.8.b. FROM BARBARA S. DODSON FOR A PROPOSED BOAT DOCK TO ENCROACH IN THE IMPOUNDMENT EASEMENT FOR SWIFT CREEK RESERVOIR On motion of Ms. Jaeckle, seconded by Mr. Gecker, the Board granted Barbara S. Dodson permission for a proposed boat dock to encroach in the impoundment easement for Swift Creek Reservoir, subject to the execution of a license agreement. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. 8.B.8.c. FROM EILEEN E. GANNON FOR A PROPOSED BOAT DOCK TO ENCROACH IN THE IMPOUNDMENT EASEMENT FOR SWIFT CREEK RESERVOIR On motion of Ms. Jaeckle, seconded by Mr. Gecker, the Board granted Eileen E. Gannon permission for a proposed boat dock to encroach in the impoundment easement for Swift Creek Reservoir, subject to the execution of a license agreement. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. 8.B.8.d. FROM NEAL M. LEONHARD AND PATRICIA S. LEONHARD FOR A DECK AND SPIRAL STAIRCASE WITH CONCRETE PAD TO ENCROACH WITHIN AN EIGHT -FOOT EASEMENT ACROSS LOT 1, TARRINGTON, SECTION 4 On motion of Ms. Jaeckle, seconded by Mr. Gecker, the Board granted Neal M. Leonhard and Patricia S. Leonhard permission for a deck and spiral staircase with concrete pad to encroach within an 8' easement across Lot 1, Tarrington, Section 4, subject to the execution of a license agreement. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. 8.B.8.e. FROM MAIN STREET HOMES MT, LLC FOR A CONCRETE DRIVEWAY TO ENCROACH WITHIN A VARIABLE WIDTH SANITARY SEWER EASEMENT, A VIRGINIA DEPARTMENT OF TRANSPORTATION DRAINAGE AND SIGHT DISTANCE EASEMENT AND A TEN -FOOT EASEMENT ACROSS LOT 73, COLLINGTON, SECTION 15 On motion of Ms. Jaeckle, seconded by Mr. Gecker, the Board granted Main Street Homes MT, LLC, permission for a concrete driveway to encroach within a variable width sanitary sewer easement, a VDOT drainage and sight distance easement and a 10' easement across Lot 73, Collington, Section 15, subject to the execution of a license agreement. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. 15-1132 11/18/15 9 8.B.8.f. FROM CALVIN R. PLETCHER AND DONNA C. PLETCHER FOR A PROPOSED BOAT DOCK TO ENCROACH IN THE IMPOUNDMENT EASEMENT FOR SWIFT CREEK RESERVOIR On motion of Ms. Jaeckle, seconded by Mr. Gecker, the Board granted Calvin R. Pletcher and Donna C. Pletcher permission for a proposed boat dock to encroach in the impoundment easement for Swift Creek Reservoir, subject to the execution of a license agreement. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. 8.B.8.9. FROM CHRISTOPHER M. SIMMONS AND SARAH M. SIMMONS FOR A PROPOSED GRAVEL DRIVEWAY TO ENCROACH WTTHTN A TWENTY -FOUR -FOOT COUNTY RIGHT WAY KNOWN AS VIRGINIA AVENUE TO ACCESS PROPERTY ON VIRGINIA AVENUE On motion of Ms. Jaeckle, seconded by Mr. Gecker, the Board granted Christopher M. Simmons and Sarah M. Simmons permission for a proposed gravel driveway to encroach within a 24' county right of way known as Virginia Avenue to access property at 21210 Virginia Avenue; subject to the execution of a license agreement. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. 8.B.8.h. FROM JEFFERY S. SWANSON AND MICHELLE R. SWANSON FOR A PROPOSED BOAT DOCK TO ENCROACH IN THE lkw I IMPOUNDMENT EASEMENT FOR SWIFT CREEK RESERVOIR On motion of Ms. Jaeckle, seconded by Mr. Gecker, the Board granted Jeffery S. Swanson and Michelle R. Swanson permission for a proposed boat dock to encroach in the impoundment easement for Swift Creek Reservoir, subject to the execution of a license agreement. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. 8.B.9. APPROVAL OF OPTIONS TO PURCHASE PARCELS OF LAND ADJACENT TO THE COUNTY AIRPORT 8.B.9.a. WITH CHARLOTTE D. MARSH On motion of Ms. Jaeckle, seconded by Mr. Gecker, the Board approved an option with Charlotte D. Marsh to purchase two parcels of land adjacent to the County Airport and authorized the County Administrator to execute the option agreement. (It is noted a copy of the vicinity sketch is filed with the papers of this Board.) Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. 15-1133 11/18/15 8.B.9.b. WITH JULIA MARSH On motion of Ms. Jaeckle, seconded by Mr. Gecker, the Board approved an option with Julia Marsh to purchase a parcel of land adjacent to the County Airport and authorized the County Administrator to execute the option agreement. (It is noted a copy of the vicinity sketch is filed with the papers of this Board.) Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. 8.B.10. 8.B.10.a. REQUESTS TO QUITCLAIM A PORTION OF A TWENTY -FOOT STORM WATER MANAGEMENT BEST MANAGEMENT PRACTICE ACCESS EASEMENT ACROSS THE PROPERTY OF BELLWOOD PROPERTIES, LLC On motion of Ms. Jaeckle, seconded by Mr. Gecker, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute a quitclaim deed to vacate a portion of a 20' SWM/BMP access easement across the property of Bellwood Properties, LLC. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. 8.B.10.b. A PORTION OF A VARIABLE WIDTH DRAINAGE EASEMENT, A PORTION OF A SIXTEEN -FOOT SEWER EASEMENT AND A �Vd PORTION OF A TEN -FOOT TEMPORARY CONSTRUCTION EASEMENT ACROSS PROPERTY ON CHESTER ROAD On motion of Ms. Jaeckle, seconded by Mr. Gecker, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute a quitclaim deed to vacate a variable width drainage easement, a portion of a 16' sewer easement and a portion of a 10' temporary construction easement across property at 9045 Chester Road. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. 8.B.11. ACCEPTANCE OF PARCELS OF LAND ADJACENT TO WILLIS ROAD FROM HENRY D. MOORE On motion of Ms. Jaeckle, seconded by Mr. Gecker, the Board accepted the conveyance of two parcels of land containing a total of 0.0937 acres adjacent to Willis Road from Henry D. Moore, and authorized the County Administrator to execute the deed. (It is noted a copy of the plat is filed with the -VJ papers of this Board.) Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. 15-1134 11/18/15 8.B.12. CONVEYANCE OF AN EASEMENT TO VIRGINIA ELECTRIC AND POWER COMPANY TO EXTEND SERVICE TO MOBILE CLASSROOMS BEING INSTALLED AT PROVIDENCE MIDDLE SCHOOL On motion of Ms. Jaeckle, seconded by Mr. Gecker, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute an agreement with Virginia Electric and Power Company for a 15' underground easement to extend service to 18 mobile classrooms being installed at Providence Middle School. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. 8.B.13. APPROVAL OF A CONSTRUCTION CONTRACT FOR THE SMITH- WAGNER BUILDING RENOVATION AND ADDITION PROJECT On motion of Ms. Jaeckle, seconded by Mr. Gecker, the Board authorized the Purchasing Director to award a construction contract to Gulf Seaboard General Contractors for the Smith - Wagner Building renovation and addition project in the amount of $10,760,000. Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. 8.B.14. APPROPRIATION AND TRANSFER OF ADDITIONAL FUNDS AND AUTHORIZATION TO AWARD THE CONSTRUCTION CONTRACT FOR THE SMOKETREE DRIVE (SMOKETREE COMMUNITY RECREATION CENTER TO COURTHOUSE ROAD SIDEWALK PROJECT On motion of Ms. Jaeckle, seconded by Mr. Gecker, the Board appropriated an additional $83,200 in anticipated VDOT reimbursements; and transferred $20,800 from the General Road Improvement Account; and awarded the construction contract, in the amount of $477,536, to Dickerson Construction, LLC, upon VDOT concurrence, for the Smoketree Drive (Smoketree Community Recreation Center to Courthouse Road) Sidewalk Project. Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. 8.B.15. APPROVAL OF A LICENSE AGREEMENT FOR THE INSTALLATION OF CELLULAR ANTENNAS ON THE ROXSHIRE WATER TANK On motion of Ms. Jaeckle, seconded by Mr. Gecker, the Board approved a license agreement with Cellco Partnership d/b/a Verizon Wireless for the installation of cellular antennas on the Roxshire Water Tank and authorized the Chairman of the Board of Supervisors and County Administrator to execute the license agreement. Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. 15-1135 11/18/15 M 9.A. REPORTS 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 9.C. REPORT OF PLANNING COMMISSION SUBSTANTIAL ACCORD DETERMINATION FOR CHESTERFIELD COUNTY PARKS AND RECREATION (CASE 15PD0205) TO PERMIT A SPECIAL PURPOSE PARK IN GENERAL INDUSTRIAL (I-2) AND HEAVY INDUSTRIAL (I-3) DISTRICTS 9.D. REPORT OF PLANNING COMMISSION SUBSTANTIAL ACCORD DETERMINATION FOR CHESTERFIELD COUNTY PARKS AND RECREATION (CASE 16PD0149) TO PERMIT A NEIGHBORHOOD PARK IN LIGHT INDUSTRIAL (I-1) AND RESIDENTIAL (R-9) DISTRICTS On motion of Ms. Jaeckle, seconded by Mr. Gecker, the Board accepted the following reports: a Report on Developer Water and Sewer Contracts; a Report on Status of General Fund Balance, Reserve for Future Capital Projects, District Improvement Funds and Lease Purchases; a Report of Planning Commission Substantial Accord Determination for Chesterfield County Parks and Recreation (Case 15PD0205) to Permit a Special Purpose Park in General Industrial (I-2) and Heavy Industrial (I-3) Districts; and a Report of Planning Commission Substantial Accord Determination for Chesterfield County Parks and Recreation (Case 16PD0149) to Permit a Neighborhood Park in Light Industrial (I-1) and Residential 14J (R-9) Districts. Ayes: Nays: 10. Elswick, Warren, Jaeckle, Holland and Gecker. None. FIFTEEN -MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED MATTERS There were no requests to address the Board at this time. 11. DINNER On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board recessed to Room 502 for dinner with members of the Community Services Board. Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. Reconvening: 15-1136 11/18/15 12. INVOCATION/MOMENT OF SILENCE The Honorable Daniel A. Gecker, Midlothian District Supervisor, led a moment of silence. 13. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Eagle Scout Ethan Everett Downing led the Pledge of Allegiance to the Flag of the United States of America. 14. RESOLUTIONS 14.A. RECOGNIZING SWIFT CREEK MILL THEATRE ON ITS 50TH ANNIVERSARY OF PROVIDING CULTURAL ARTS IN CHESTERFIELD COUNTY Mr. Golden introduced Mr. Sterling Hawkins, President, Board of Directors of Swift Creek Mill Theatre, and Ms. Doris Hancock, board member who were present to receive the resolution. On motion of Mr. Holland, seconded by Mr. Elswick, the Board adopted the following resolution: WHEREAS, Swift Creek Mill Playhouse was opened December 6, 1965, by three families seeking to bring theatre arts to Chesterfield County and the Tri -Cities; and WHEREAS, Swift Creek Mill Theatre became a not-for- profit organization in 2001, with the mission of providing professional theatre and theatre education to Central and Southside Virginia; and WHEREAS, Swift Creek Mill Theatre acts as steward of the historic Swift Creek Mill, a local, state and national registered historic landmark; and WHEREAS, Swift Creek Mill Theatre provides a Mainstage Season of five classic, contemporary and/or original productions, serving upwards of 15,000 theatre patrons annually; and WHEREAS, Swift Creek Mill Theatre has offered educational children's theatre for more than 25 years to an estimated 300,000 children; and WHEREAS, Swift Creek Mill Theatre trains young, potential theatre practitioners; and WHEREAS, Swift Creek Mill Theatre attracts groups, tours and private parties as a regional cultural arts destination; and WHEREAS, Swift Creek Mill Theatre is the only professional Virginia theatre south of Richmond and longest running theatre in the area; and 15-1137 11/18/15 WHEREAS, Swift Creek Mill Theatre has been, and continues to be, a unique and valuable cultural arts resource for local residents and visitors for 50 years. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 18th day of November 2015, publicly recognizes the outstanding artistic, cultural and economic contributions of Swift Creek Mill Theatre on behalf of all Chesterfield County residents, and congratulates the organization on the occasion of its 50th Anniversary Season. AND, BE IT FURTHER RESOLVED that a copy of this resolution be presented to Swift Creek Mill Theatre, and that this resolution be recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. Ms. Jaeckle presented the executed resolution to Mr. Hawkins and commended the outstanding artistic, cultural and economic contributions of Swift Creek Mill Theatre to the county. Mr. Hawkins expressed appreciation to the Board for the special recognition. 14.B. RECOGNIZING BOY SCOUTS UPON ATTAINING THE RANK OF EAGLE SCOUT Ms. Pollard introduced Mr. Ethan Everett Downing, Mr. Nicholas Adam Mezynski, Mr. Adam Christopher Kalata, Mr. Ryan Peter Pyatak, Mr. William Alton Lewis and Mr. Ryan DeForest Robinson who were present to receive their resolutions. On motion of Mr. Holland, seconded by Mr. Warren, the Board adopted the following resolution: WHEREAS, the Boy Scouts of America was incorporated by Mr. William D. Boyce on February 8, 1910, and was chartered by Congress in 1916; and WHEREAS, the Boy Scouts of America was founded to build character, provide citizenship training and promote physical fitness; and WHEREAS, after earning at least 21 merit badges in a wide variety of skills including leadership, service and outdoor life, serving in a leadership position in a troop, carrying out a service project beneficial to their community, being active in the troop, demonstrating Scout spirit, and living up to the Scout Oath and Law, Mr. Ethan Everett Downing, Mr. Nicholas Adam Mezynski and Mr. Adam Christopher Kalata, all of Troop 2860, sponsored by Woodlake United Methodist Church; and Mr. Ryan Peter Pyatak, Mr. William Alton Lewis and Mr. Ryan DeForest Robinson, all of Troop 2806, also sponsored by Woodlake United Methodist Church, have accomplished those high standards of commitment and have reached the long -sought goal of Eagle Scout, which is received by only four percent of those individuals entering the Scouting movement; and 15-1138 11/18/15 9 F] 9 WHEREAS, growing through their experiences in Scouting, learning the lessons of responsible citizenshi and P endeavoring to prepare themselves for a role as leaders in society, Ethan, Nick, Adam, Ryan, Will and Ryan have distinguished themselves as members of a new generation of prepared young citizens of whom we can all be very proud. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 18th day of November 2015, publicly recognizes Mr. Ethan Everett Downing, Mr. Nicholas Adam Mezynski, Mr. Adam Christopher Kalata, Mr. Ryan Peter Pyatak, Mr. William Alton Lewis and Mr. Ryan DeForest Robinson, extends congratulations on their attainment of Eagle Scout, and acknowledges the good fortune of the county to have such outstanding young men as its citizens. Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. Mr. Elswick presented the executed resolutions and patches to each Eagle Scout, accompanied by members of their families, congratulated them on their outstanding achievements and wished them well in future endeavors. Each Eagle Scout provided details of their Eagle Scout project and expressed appreciation to their families and friends for their support. 15. FIFTEEN -MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED MATTERS Ms. Nancy Woolridge suggested the county send out a flyer requesting information regarding citizen needs. Mr. Rodney Martin, a Midlothian District resident, expressed concerns relative to various county/school issues. 16. REQUESTS FOR MANUFACTURED HOME PERMITS AND REZONING PLACED ON THE CONSENT AGENDA TO BE HEARD IN THE FOLLOWING ORDER: - WITHDRAWALS DEFERRALS - CASES WHERE THE APPLICANT ACCEPTS THE RECOMMENDATION AND THERE IS NO OPPOSITION - CASES WHERE THE APPLICANT DOES NOT ACCEPT THE RECOMMENDATION AND/OR THERE IS PUBLIC OPPOSITION WILL BE HEARD AT SECTION 18 16CW0148 In Bermuda Magisterial District, The County of Chesterfield requests an exception to Section 19.1-524 of the Chesapeake Bay Preservation Act requirements of the Zoning Ordinance to permit encroachment into the Resource Protection Area (RPA) buffer along the relic river marsh of the James River as a result of grading and construction related to a 15 unit parking lot. The property is located at 421 Coxendale Road which is within the James River drainage basin. Tax ID 811- 661-4268. Mr. Turner stated staff is requesting a deferral to the December 16, 2015 regularly scheduled meeting. Mr. Golden stated the County Attorney's office asked that revisions be made. He accepted the deferral. 15-1139 11/18/15 Mr. Elswick called for public comment. There being no one to speak to the deferral, the public hearing was closed. On motion of Ms. Jaeckle, seconded by Mr. Gecker, the Board deferred Case 16CW0148 until December 16, 2015. Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. 9 15SN0671 In Midlothian Magisterial District, James Barnett and Barnett's Heating and A/C Inc. request renewal of conditional use (Case 07SN0143) to permit a contractor's shop and storage yard and amendment of zoning district map in an Agricultural (A) District on .6 acre known as 1224 Crowder Drive. Density will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for Village Shopping District uses. Tax ID 729- 708-2499. Mr. Turner presented a summary of Case 15SN0671 and stated both the Planning Commission and staff recommended approval and acceptance of the proffered conditions. Mr. James Barnett accepted the recommendation. Mr. Elswick called for public comment. There being no one to speak to the issue, the public hearing was closed. 11qj On motion of Mr. Gecker, seconded by Ms. Jaeckle, the Board approved Case 15SN0671 and accepted the following proffered conditions: 1. This Conditional Use shall be granted to and for J. B. Barnett and/or his son Stewart C. Barnett, his daughters Cynthia B. Mitchell and Dolores B. Moss, and his granddaughter Jordan K. Barnett, exclusively, for a period not to exceed five (5) years and shall not be transferable or run with the land. (P) 2. This Conditional Use shall be limited to the operation of a heating and air conditioning business, exclusively, and a maximum of six (6) employees, other than the applicant and his immediately family members, shall be permitted. (P) 3. Other than normal maintenance or improvements necessary to meet the Virginia Statewide Building Code, there shall be no exterior additions or alterations to the structures. (P and BI) 4. All work, with the exception of parking associated with the business, shall be conducted entirely within an enclosed building. (P) S. One (1) sign shall be permitted and shall not exceed six (6) square feet. (P) 15-1140 11/18/15 6. No more than five (5) customers shall be permitted on the property at any one (1) time. (P) 7. No deliveries shall be permitted before 8:00 a.m. or after 6:00 p.m. (P) 8. Hours of operation shall be restricted to between 7:00 a.m. and 9:00 p.m., Monday through Saturday. No Sunday operation shall be permitted. (P) 9. In addition to the heating and air conditioning business permitted as conditioned herein, uses permitted on the property shall be limited to those uses permitted by right or with restrictions in the Agricultural (A) District, except that the following uses shall not be permitted: a. Model homes; b. Communications towers; C. Forestry operations and sawmills together with the incidental uses thereof; d. Private kennels; and e. Manufactured homes. (P) Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. 16SN0108 In Bermuda Magisterial District, Diane Cassada/Steve Huffman request renewal of manufactured home permit (Case 10SN0177) to permit a temporary manufactured home and amendment of zoning district map in a Residential (R-7) District on .5 acre known as 2700 Shields Road. Density is approximately 2 units per acre. The Comprehensive Plan suggests the property is appropriate for Office/Residential Mixed use. Tax ID 796- 660-7512. Mr. Turner presented a summary of Case 16SN0108 and stated subsequent to the advertisement of the application, the application was amended to withdraw Ms. Diane Cassada by the applicant. He further stated the Board will need to unanimously suspend its procedures to consider the amendment to the application. He noted staff recommended approval, subject to the conditions. On motion of Mr. Gecker, seconded by Mr. Warren, the Board suspended its rules to allow for consideration of the amendment. Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. Mr. Steve Huffman accepted the recommendation. Mr. Elswick called for public comment. There being no one to speak to the issue, the public hearing was closed. 15-1141 11/18/15 On motion of Ms. Jaeckle, seconded by Mr. Gecker, the Board approved Case 16SN0108, subject to the following conditions: 1. The applicant shall be the owner and occupant of the manufactured home. (P) 2. No permanent -type living space may be added to the manufactured home. The manufactured home shall be skirted but shall not be placed on a permanent foundation. (P) Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. 1ACNnK4i In Bermuda Magisterial District, Cordell V. and Terri H. Preciado request conditional use to permit two dwelling units on one lot and amendment of zoning district map in a Residential (R-15) District on 14.5 acres known as 12212 N. Almer Lane. Residential use of up to 2.90 units per acre is permitted in the Residential (R-15) District. The Comprehensive Plan suggests the property is appropriate for Medium High Density Residential (4.0 to 8.0 dwellings per acre). Tax ID 827-659-9866. Mr. Turner presented a summary of Case 16SN0543 and stated both the Planning Commission and staff recommended approval and acceptance of the proffered conditions. Mr. and Mrs. Preciado accepted the recommendation. Mr. Elswick 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. Gecker, the Board approved Case 16SN0543 and accepted the following proffered conditions: 1. Occupancy of the second dwelling unit shall be limited to: the occupants of the principal dwelling unit, individuals related to them by blood, marriage, adoption or guardianship, foster children, guests and any domestic servants. (P) 2. For the purpose of providing record notice, within thirty (30) days of approval of this request, a deed restriction shall be recorded setting forth the limitation in Condition 1. The deed book and page number of such restriction and a copy of the restriction as recorded shall be submitted to the Planning Department. (P) Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. 15-1142 11/18/15 9 9 N 16SNO547 In Matoaca Magisterial District, VSU Trojan Development, LLC requests amendment to conditional use (Case 14SN0516) relative to the size of a required indoor activity area and amendment of zoning district map in a Community Business (C- 3) District on 3.2 acres fronting 640 feet on the east line of Chesterfield Avenue, 215 feet north of Randolph Street. Density will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for Residential Mixed use. Tax IDs 795-611-7196, 7592, 7987, 8283, 8679, 9075, 9270, and 9466; and 796-611- 0464, 0858 and 1053. Mr. Turner presented a summary of Case 16SN0547 and stated both the Planning Commission and staff recommended approval and acceptance of the proffered condition. Mr. Robert Turner accepted the recommendation. Mr. Elswick called for public comment. There being no one to speak to the issue, the public hearing was closed. On motion of Mr. Elswick, seconded by Ms. Jaeckle, the Board approved Case 16SN0547 and accepted the following proffered condition: 1. Uses. Uses shall be limited as follows: C. Multifamily dwelling units, subject to the following provisions: V. A minimum of 1,317 square feet of indoor activity area, open and easily accessible to building residents. Such area shall include, at a minimum, an exercise room and multipurpose area for gatherings, and shall not be located on the first floor. This condition shall not preclude the ability to have a maximum of 1,500 square feet of additional multipurpose area on the first floor. (P) (STAFF NOTE: This proffered condition supersedes Proffered Condition l.c.v. of Case 14SN0516. All other conditions of approval for Case 14SN0516 remain in effect.) Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. 16SN0549 In Bermuda Magisterial District, Cornerstone Assembly of God requests conditional use to permit a private pre-school in conjunction with a church and amendment of zoning district map in an Agricultural (A) District on 10.8 acres known as 10551 Chalkley Road. Density will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for Residential use (1.5 dwellings per acre or less). Tax IDs 784-660-2598 and 784- 661-5125. 15-1143 11/18/15 Mr. Turner presented a summary of Case 16SN0549 and stated both the Planning Commission and staff recommended approval and acceptance of the proffered conditions. Mr. Brandon Woodard accepted the recommendation. Mr. Elswick called for public comment. Mr. Andrew Corvell, a resident of Wellington Farms, expressed concerns relative to the proximity of the playground to his personal property. There being no one else to speak to the issue, the public hearing was closed. Ms. Jaeckle stated she has spoken with many residents of the neighborhood and believes the proposed use will have no negative impacts on the surrounding area. Ms. Jaeckle then made a motion, seconded by Mr. Gecker, for the Board to approve Case 16SN0549 and accept the following proffered conditions: 1. Use. The private pre-school shall only be permitted in conjunction with the church use. (P) 2. Enrollment for Private Pre -School. Enrollment shall not exceed sixty (60) children. (P) 3. Development Standards. Except where the requirements of the underlying Agricultural (A) zoning district are more restrictive, any new development for the private pre- school use shall conform to the requirements of the Zoning Ordinance for commercial uses in Emerging Growth Areas. (P) 4. Recreational Facilities. Recreational facilities associated with the pre-school shall be limited to the existing playground area identified on Exhibit A, which could accommodate swings, jungle gyms or similar such facilities. The playground shall continue to be screened from properties to the south with a five (5) foot privacy fence. (P) Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. 15SN0673 In Dale Magisterial District, Frederick Izeal Gholson requests conditional use to permit the parking of a semi - tractor and amendment of zoning district map in a Residential (R-9) District on .3 acre known as 5918 Silver Oak Lane. Density will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for Suburban Residential II use (2.0 to 4.0 dwellings per acre). Tax ID 785-685-0473. Mr. Turner presented a summary of Case 15SN0673 and stated the Planning Commission recommended approval because the conditions will minimize impacts on adjacent properties. He further stated staff recommended denial because of the commercial encroachment within a residential neighborhood. Mr. Frederick Gholson accepted the recommendation. 15-1144 11/18/15 9 19 Mr. Elswick called for public comment. Ms. Cynthia Moore expressed concerns relative to the semi - tractor and safety of neighborhood residents. There being no one else to speak to the issue, the public hearing was closed. Mr. Holland stated it was his understanding there was no one who spoke in opposition of the case at the Planning Commission meeting. In response to Mr. Holland's P question, Mr. Gholson stated the one-year time limitation will give him a chance to find another location to park his vehicle. Mr. Holland then made a motion, seconded by Mr. Warren, for the Board to approve Case 15SNO673 and accept the following proffered conditions: 1. Non -Transferable Ownersh+i : This Conditional Use approval shall be granted exclusively to Frederick Izeal Gholson, and shall not be transferable nor run with the land. (P) 2. Use: This Conditional Use approval shall be for the parking of a commercial vehicle having no more than 3 axels and not exceeding 17,000 pounds. (P) 3. Time Limitation: This Conditional Use approval shall be granted for a period not to exceed 1 year from the date of approval. (P) 4. Location of Vehicle: The vehicle shall be parked off of the street and in the driveway only. (P) Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. iAcungga In Bermuda Magisterial District, John P. Meyer requests rezoning from Residential (R-7) to Agricultural (A) with conditional use to permit a storage yard (storage containers) and amendment of zoning district map on 4.1 acres fronting 50 feet on the west line of Jefferson Davis Highway, 60 feet north of Old Bermuda Hundred Road. Density will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for Neighborhood Business use. Tax ID 799-649-4291. Mr. Turner presented a summary of Case 16SNO553 and stated the Planning Commission recommended approval because the conditions will minimize impacts of adjacent properties. He further stated staff recommended denial because the request does not comply with the Comprehensive Plan; does not address impacts of use on area development; and is incompatible with area residential development. Mr. John Meyer accepted the recommendation. 15-1145 11/18/15 Mr. Elswick called for public comment. There being no one to speak to the issue, the public hearing was closed. Ms. Jaeckle stated the Bermuda District Planning Commissioner helped alleviate the situation to allow a one-year time frame in which to relocate the storage trailers. Ms. Jaeckle then made a motion, seconded by Mr. Holland, the Board approved Case 16SN0553 and accepted the following Vad proffered conditions: 1. Non -Transferable Ownership. This Conditional Use approval shall be granted to John P. Meyer and his parents, Gerald E. Meyer and Patricia A. Meyer, exclusively, and shall not be transferable with the land. (P) 2. Use. This Conditional Use approval shall be for the operation of a storage yard for storage containers and temporary outside storage areas only. (P) 3. Time Limitation. This Conditional Use approval shall be granted for a period not to exceed one (1) year from the date of approval. (P) 4. Storage Containers. Storage containers shall be limited to the following: a. One (1) tractor trailer storage container b. Five (5) storage containers No other equipment or storage containers may be stored on the property for this use. (P) 5. Outside Storage. Within ninety (90) days of approval, all outside storage of building and landscape materials shall be stored within a building, a storage container, or removed from the property. (P) 6. Storage Container Relocation. Any storage container within fifty (50) feet of the John Tyler Woods subdivision shall be relocated to be a minimum of fifty (50) feet from any property zoned for Residential uses, as shown on Exhibit A. This relocation shall occur within ninety (90) days of approval. (P) 7. Location of Use. The storage containers and temporary outside storage areas shall be located on the property as generally illustrated on Exhibit A, dated September 23, 2015. (P) 8. Farm Animals. The keeping of one (1) or more cow, sheep, goats, horses, chickens, other fowl, rabbits and other farm animals shall be prohibited. (P) Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. 15-1146 11/18/15 16SN0542 In Midlothian Magisterial District, AT&T Mobility requests conditional use to permit a communications tower and amendment of zoning district map in a Residential (R-25) District on 9.2 acres fronting 675 feet on the south line of Robious Road, 135 feet west of Corner Rock Road; also fronting 135 feet on the west line of Corner Rock Road, 280 feet south of Robious Road. Density will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for Low Density Residential use (maximum of 1.0 dwelling per acre).Tax IDs 734-717-9054 and 735-717-1268 and 2943. Mr. Turner presented a summary of Case 16SN0542 and stated the Planning Commission recommended approval because of the possibility of a replacement tower rather than a new tower; monopole rather than a stealth design is more appropriate at the site; and tree preservation will assist in minimizing tower visibility. He further stated staff recommended denial because the use does not comply with the Public Facilities Plan, an element of the Comprehensive Plan and as conditioned the proposal is consistent with the Telecommunications Tower Siting Policy criteria. Mr. Preston Lloyd, representing the applicant, accepted the recommendation. He stated a 152 -foot communications tower is proposed adjacent to the Roxshire Subdivision to replace the co -location of antennas on an area water tank that is being decommissioned. Mr. Elswick called for public comment. There being no one to speak to the issue, the public hearing was closed. On motion of Mr. Gecker, seconded by Ms. Jaeckle, the Board approved Case 16SN0542 and accepted the following proffered conditions: 1. Following the issuance of a building permit for a communications tower and for so long as such building permit remains active or as long as a tower exists on the property, no building permit shall be issued for any residential dwelling on the property as identified by Tax Id numbers 7347179054, 7357171268, and 7357172943 (the "Property"). If a residential permit has been issued on the Property, a building permit shall not be issued for a communications tower for so long as the residential building permit remains active or as long as a dwelling exists on the Property. Further, prior to site plan approval for a communications tower, the approved tentative plat for Corner Rock Phase II shall be amended to restrict issuance of a building permit for any residential dwelling, if a building permit for the tower has been issued and for so long as such tower exists on the Property. The restriction shall be noted on the preliminary plat. (BI) 2. There shall be no signs permitted to identify this use except those required by FCC or other regulatory body. (P) 15-1147 11/18/15 3. The base of the tower shall be enclosed by a minimum six (6) foot high fence, designed to preclude trespassing. The fence shall be placed so as to provide sufficient room between the fence and the property line to accommodate evergreen plantings having an initial height and spacing to provide screening of the base of the tower and accessory ground -mounted equipment or structures from adjacent properties. (P) 4. No trees may be removed from the property except (i) to the extent such trees are dead, diseased or dying, or (ii) in connection with the construction, maintenance, upgrade or removal of the communication tower, ground equipment, access road and utilities, in the locations depicted on the zoning drawings dated August 20, 2015 or as may be approved by the County at the time of site plan review. (EE) 5. The color, design and lighting system for the tower shall be as follows: a. The tower shall be painted Java Brown from the base to the top of the surrounding tree canopy and Galvanized in color from the tree canopy to the top of the tower. b. The tower shall not be lighted. C. The tower shall be a monopole structure with flush mounted antennas. d. Any satellite dish and microwave dish antennas attached to the telecommunications tower shall not exceed six (6) feet in diameter and shall be of a neutral color with no logos. e. Cables shall be run within the interior of the tower to the extent technically practicable. (P) 6. Any building or mechanical equipment shall comply with the Zoning Ordinance relative to architectural treatment of building exteriors and screening of mechanical equipment in O, C and I Districts. (P) (NOTE: The Zoning Ordinance requires the screening of mechanical equipment located on the building or ground from adjacent properties and public rights of way. Screening would not be required for the tower or tower - mounted equipment.) 7. Prior to use of this telecommunications tower, the owner of the tower shall obtain approval of the structural integrity by a registered professional engineer licensed in Virginia and a copy of the report filed with the Planning Department. (P) 8. The tower shall not exceed a height of 152 feet. (P) 9. At such time that the telecommunications tower ceases to be used for communications purposes for a period exceeding twelve (12) consecutive months, the property owner(s) and/or cell tower owner(s) and/or lessee(s) 15-1148 11/18/15 9 9 9 shall dismantle and remove the tower and all associated equipment from the property. (P) 10. The tower and access road shall be sited on the property in the location shown on the plans prepared by Warren Williams and Associates, entitled RI731, dated August 20, 2015, on file with the Department of Planning. (P) Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. 16SN0537 In Dale Magisterial District, MGP Retail Consulting, LLC requests rezoning from Residential (R-7), Community Business (C-3) and General Business (C-5) to Neighborhood Business (C- 2) plus conditional use planned development to permit exceptions to ordinance requirements and amendment of zoning district map on 14.5 acres located in the northwest quadrant of Iron Bridge and Cogbill Roads. Density will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for Neighborhood Business use. Tax IDs 775-682-2797 and 8199; 775-683-7226 and 8309. Mr. Turner presented a summary of Case 16SN0537 and stated both the Planning Commission and staff recommended approval and acceptance of the proffered conditions. Ms. Anneal Cosby, representing the applicant, accepted the recommendation. Mr. Elswick called for public comment. Mr. Dewey Litton, representing Southside Baptist Church, stated members of the church approve the request. In response to Mr. Litton's question, Mr. Sam Stine stated the site plan process is expected to take 3-6 months. He noted the store opening would be no later than 2018. There being no one else to speak to the issue, the public hearing was closed. Mr. Holland commended the plan regarding the proposed development. Mr. Holland then made a motion, seconded by Mr. Warren, for the Board to approve Case 16SN0537 and accepted the following proffered conditions: The Owners (the "Owners") in this zoning case, pursuant to §15.2-2298 of the Code of Virginia (1950 as amended) and the Zoning Ordinance of Chesterfield County, for themselves and their successors or assigns, proffer that the development of the Property known as Chesterfield County Tax Identification Numbers 775-682-2797, 775-682-8199, 775-683-7226, and 775- 683-8309 (the "Property") under consideration will be developed according to the following conditions if, and only if, the application request for rezoning to C-2 Neighborhood Business is granted. In the event the request is denied or 15-1149 11/18/15 approved with conditions not agreed to by the Owners, the proffers shall immediately be null and void and of no further force or effect. Exhibit A - Plan titled "Test Fit for Lidl," prepared by Bohler Engineering, dated 9-25-15. Exhibits B-1, B-2, and B-3 - Front, side, and rear architectural elevations of Lidl grocery store. 1. Master Plan 2015, last considered . The Textual Statement dated July revised October 7, 2015, shall the Master Plan. (P) 2, be 2. Uses. The uses on the Property shall be all uses allowed in the Neighborhood Business (C-2) District, except that the following uses shall not be allowed: A. Alternative financial institution. B. Automobile service station. C. Automobile self-service station. D. Convenience store with gas pumps, provided that a convenience store that is less than 1,500 square feet and without gas pumps shall be permitted. E. Restaurant, fast food or drive-in only. (P) 3. Transportation Density. The maximum density of the development for transportation planning purposes shall be 36,170 square feet of supermarket/ grocery store plus 27,500 square feet of general retail space or equivalent density as determined by the Virginia Department of Transportation. (T) 4. Dedication. The following rights-of-way on the Property shall be dedicated, free and unrestricted, to and for the benefit of Chesterfield County prior to any site plan approval, or within sixty (60) days from the date of a written request by the Transportation Department, whichever occurs first. A. Forty-five (45) feet of right-of-way on the north side of Cogbill Road, measured from the centerline of that part of Cogbill Road immediately adjacent to the Property. B. Sixty (60) feet of right-of-way on the west side of Iron Bridge Road (Route 10), measured from the centerline of that part of Route 10 immediately adjacent to the Property. (T) 5. Access. A. Direct vehicular access from the Property to Cogbill Road shall be limited to one (1) access. The location of the access shall be as generally shown on Exhibit A and the exact location shall be approved by the Transportation Department. 15-1150 11/18/15 9 9 19 B. If required by the Fire Department, a gated emergency only access may be provided from the Property to Route 10. (T) 6. Road Improvements. Prior to the issuance of an occupancy permit, the following improvements shall be completed. The exact design and length of these improvements shall be approved by the Transportation Department. A. Construction of an additional lane of pavement along the southbound lanes of Route 10 for the entire Property frontage. B. Construction of a separate right turn lane along the southbound lanes of Route 10 at the Cogbill Road intersection. C. Construction of left and right turn lanes along Cogbill Road at the approved access. D. Construction of additional pavement along Cogbill Road to provide a five (5) lane typical section [i.e., one (1) westbound lane and four (4) eastbound lanes] at its intersection with Route 10. E. Modification of the traffic signal at the Route 10/Cogbill Road intersection. F. Construction of sidewalks along Cogbill Road and Route 10 for the entire Property frontage. G. Dedication to Chesterfield County, free and unrestricted, of any additional right-of-way (or easements) required for the improvements identified above. (T) 7. Architecture. The architecture of the grocery store shall be generally in conformance with Exhibits B-1, B-2, and B-3. (P) 8. Buffers. A. A minimum one -hundred (100) foot wide undisturbed natural buffer shall be provided along the Property line adjacent to the Meadowbrook Farms Subdivision. This buffer shall comply with the provisions of the Zoning Ordinance. B. A six (6) foot tall vinyl or vinyl -clad privacy fence (as measured from the grade of the Church parking lot) shall be provided within the buffer located generally along the northern Property line, adjacent to GPINs 775-683-3761, 775-683-6259 and 775-683-8748 (the "Church"). The fence may be reduced in height or eliminated in only those areas necessary to accommodate VDOT or CDOT sight distance requirements, if required, and/or as reviewed and approved by the Church. (i) Once the fence has been reviewed and approved by the Church, the Owners shall submit evidence of that approval to the 15-1151 11/18/15 County as part of the site plan submittal. (ii) The fence shall be maintained and kept free of graffiti by the Owners of the Property. If the adjacent properties to the north are zoned or developed for commercial uses, the fence may be removed at the option of the Owners. (P) 9. Hours of Operation. The uses on the Property shall be closed to the public between the hours of 11 p.m. and 6 a.m. (P) 10. Stormwater. A. No stormwater runoff from new impervious areas shall be discharged into the adjacent Meadowbrook Farm Subdivision. B. The post -development ten-year discharge to the existing double 15 -inch reinforced concrete pipe (RCP) culverts under Cogbill Road shall be reduced to the two-year pre -development discharge rate. Additionally the amount of proposed impervious area draining to the RCP culverts shall be minimized to the maximum extent practicable. (EE) TEXTUAL STATEMENT July 2, 2015 Revised October 5, 2015 Revised October 7, 2015 C-2 with Conditional Use Planned Development to permit retail uses with exceptions to zoning ordinance standards. 1. Development shall conform to the regulations set forth in the zoning ordinance except as set forth below. A. Loading Areas. The orientation of the loading dock, as shown on Exhibit A, may face towards Cogbill Road but views to the loading areas will be minimized through site and architectural design, landscaping, and setbacks. B. Buffer Along Northern Property Line. i. The buffer located along the northern property boundary and adjacent to the church parking lot may be disturbed during construction and by a permanent drive aisle as generally shown on Exhibit A. ii. The area of encroachment for the drive aisle shall be no greater than fifteen (15) feet. 15-1152 11/18/15 9 9 N iii. All disturbed landscaping shall be replaced and or added in accordance with the requirements and/or modifications determined at the time of site plan review. Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. 169N0552 (AMENDED) In Bermuda Magisterial District, Bermuda Marketplace, LLC requests rezoning of 5.8 acres of an 8 acre tract from General Business (C-5) to General Business (C-5) with conditional use to permit multi -family residential use and conditional use planned development to permit exceptions to ordinance requirements; and conditional use to permit multi -family residential use on remaining 2.2 acres zoned Community Business (C-3) and amendment of zoning district map lying 370 feet off the west line of Jefferson Davis Highway, 1,100 feet south of Perdue Springs Drive. Density will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for commercial use. Tax IDs 797-656-3684 and 797-657-2314. Mr. Turner presented a summary of Case 16SN0552 and stated the Planning Commission recommended approval and acceptance of the proffered conditions. He further stated staff recommended denial because the request does not address impacts on capital facilities. He stated the applicant submitted today a revision to Proffered Condition 1 in response to community concerns to remove the contractor's office, shop and storage yards as a permitted use. He noted for the Board to consider the revision it will need to unanimously suspend its rules in order to consider the amendment. In response to Mr. Mincks' question, Mr. Turner stated the revision was received this morning. On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board suspended its rules to allow for consideration of the amendment. Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. Mr. Andy Scherzer, representing the applicant, stated an 80 - unit age -restricted multifamily apartment building is planned. He further stated the applicant proposes to develop the multifamily use on five acres of the eight -acre tract. He stated the applicant has proffered a maximum density of 80 dwelling units, as well as a condition for all dwelling units to be restricted to `housing for older persons.' He further stated to address the impact of the development on capital facilities, the applicant has proffered $7,000 per dwelling unit, to be allocated among the facilities costs for roads and fire. Mr. Elswick called for public comment. 15-1153 11/18/15 Mr. Phil Cunningham, President of the Jefferson Davis Association, stated the applicant has agreed to the associations' recommendations and believes the project is an appropriate use for the area. He urged the Board to approve the request. Mr. Kevin Parks stated the proposal provides for quality and affordable senior housing. He further stated there are unique circumstances relative to the request that justify acceptance of the proffers being offered. He urged the Board to approve the request. Ms. Rachel Ramirez, a Midlothian District resident, stated the proposal provides for quality and affordable senior housing that is needed and appropriate for the area. She urged the Board to approve the request. Ms. Danielle Sally, representing Senior Connections, stated the proposal offers affordable senior housing that is needed in the area and urged the Board to approve the request. Mr. Freddy Boisseau, a Bermuda District resident, expressed concerns relative to the Board suspending its rules to consider a revised amendment. He stated the applicant fails to address the development's impact on capital facilities. Mr. Scherzer noted the management company is a long-standing, vigilant provider. He stated the area is worthy of revitalization and the project, as proffered, provides a solid basis for regeneration. He further stated the county will have a wave of aging individuals in the future who will need affordable housing. There being no one else to speak to the issue, the public hearing was closed. Ms. Jaeckle stated there has been a change in the generations and people are living longer. She further stated many older individuals are more comfortable living in smaller, affordable apartments among other people close in age. She stated the design quality of the project does not warrant a full cash proffer. She noted the project poses no impacts on surrounding schools or increase to traffic in the area. She stressed the importance of affordable housing for the increasing senior population. Ms. Jaeckle then made a motion, seconded by Mr. Holland, for the Board to approve Case 16SNO552 and accept the proffered conditions. Mr. Holland stressed the importance of quality and affordable housing for the increasing senior population. He also concurred with Ms. Jaeckle's remarks relative to the cash proffer. Mr. Elswick stated he feels the project is a good test case for revitalization in the area. Mr. Elswick called for a vote on the motion made by Ms. Jaeckle, seconded by Mr. Holland, for the Board to approve Case 16SNO552 and accept the following proffered conditions: 15-1154 11/18/15 9 9 - PI N 1. Uses. a. Permitted uses within the portion of property zoned General Business (C-5) District shall be limited to those uses permitted by right or with restrictions in the Community Business (C-3) District, plus the following: i. Automobile rental, repair and sales (excluding consignment lots) ii. Cold storage iii. Conference center iv. Motor vehicle rental, repair and sales V. Self -storage facility vi. Recreational establishment, commercial - outdoor; vii. Research and development facility; viii. Warehouse, accessory to permitted use; ix. Warehouse, principal use; X. Wholesale houses and distributor, excluding greenhouse or plant nursery; xi. Wholesale trade of any product allowed to be sold at retail in the district. b. Dwellings, multiple -family, provided that should commercial uses also be developed on the General Business (C-5) property, such uses be limited to those permitted by right or with restrictions in the Community Business (C-3) District. (P) 2. SWM/BMP Facility. The applicant shall prepare a post construction as -built certification, acceptable to Environmental Engineering, of the existing basin located on GPIN 797-656-6244. This certification shall indicate that the required BMP configuration, volume elevations, and structures are in conformance with the approved construction plans for that BMP facility. (EE) The following shall apply to any multi -family development: 3. Master Plan. The Textual Statement last revised October 7, 2015, and the Zoning Plan (Bermuda Crossing, Layout Plan), Exhibit A, last revised September 24, 2015 and prepared by Balzer and Associates, Inc. shall be considered The Master Plan for multi -family development. Uses shall be located as generally depicted on the Zoning Plan, but the location and size of buildings, parking and amenities may be modified provided the uses generally maintain their relationship with each other and any adjacent properties. (P) 4. Residential Multifamily Density. A maximum of eighty (80) multifamily dwelling units shall be permitted on the property. (P) 5. Architectural Treatment. Unless deviations are approved by the Planning Commission during site plan review, the architectural treatment of the multifamily building 15-1155 11/18/15 shall be compatible and consistent with Exhibit B, titled "1410 Bermuda Crossing." Sixty (60) percent of the total number of units shall have balconies or ground floor patios with doors with flanking windows to each side. (P) 6. Building Materials. Structures shall be constructed with brick or stone veneer; composition, or hardiplank siding; and twenty-five (25) year asphalt shingles. Exterior facade will contain at least eighty (80) percent brick or stone veneer. Different brick and grout will be used for building facade to add depth and interest to the structure. Vinyl siding shall not be permitted. (P) 7. Landscaping. Landscaping shall be provided around the perimeter of all buildings, between buildings and driveways, within medians, and within common areas not occupied by recreational facilities or other structures. Landscaping shall comply with the requirements of the Zoning Ordinance. Landscaping shall be designed to: minimize the predominance of building mass and paved areas; define private spaces; and enhance the residential character of the development. The Planning Department, at the time of site plan review, shall approve the landscaping plan with respect to the exact numbers, spacing, arrangement and species of plantings. (P) 8. Street trees. Street trees, consisting of large deciduous trees planted a maximum of forty (40) feet on center, shall be planted along each side of the interior access roads and common driveways. Spacing may be increased where there is a conflict with utilities, sightlines, and driveway areas. (P) 9. Focal Point. A minimum of 0.50 acres shall be provided in the project as a focal point. Part of the area shall be "hardscaped" and have other amenities that accommodate and facilitate gatherings. The exact design and location shall be approved by the Planning Department at the time of site and/or subdivision plan review. Areas that may count towards the required focal point area are shown on Exhibit A. (P) 10. Sidewalk. A five (5) foot sidewalk shall be constructed to provide connectivity to the adjacent property on GPIN 797-656-6244, which includes the Bermuda Shopping Center. The exact location, treatment, and design of sidewalk shall be determined at time of site plan review. (P) 11. Recreational Provisions. include: Multifamily structures shall a. A minimum of 1,500 square feet of indoor activity area, open and easily accessible to building residents. Such area shall include, at a minimum, an exercise room, computer stations and a 15-1156 11/18/15 91 9 9 multipurpose area for gatherings that is equipped with a common kitchen and restrooms. b . A laundry room equipped with a minimum of four ( 4 ) washing machines and four (4) clothes dryers. (P) 12. Exterior Walking Trail. A five (5) foot walking trail shall be constructed along the exterior of the multi- family building, as a recreational facility, as generally shown on Exhibit A. The trail shall be 2" SM - 9.5 asphalt and over 4" 21-B stone. The trail shall be maintained by the Developer. (P) 13. Restriction on Children's Play Facilities. The common area/recreational amenities associated with any multifamily use shall not include playground equipment, play fields or other facilities primarily associated with children's play. (P) 14. Age Restriction. Except as otherwise prohibited by the Virginia Fair Housing Law, the Federal Housing Law, and such other applicable federal, state, or local legal requirements, dwelling units shall be restricted to "housing for older persons" as defined in the Virginia Fair Housing Law and shall have no persons under 19 years of age domiciled therein ("Age -Restricted Dwelling Units"). (P) 15. Cash Proffer. For each dwelling unit, the applicant, sub -divider, or assignee(s) shall pay the following to the County of Chesterfield, prior to the issuance of a building permit for infrastructure improvements within the cash proffer service district for the property, unless state law prevents enforcement of that timing: a. $7,000.00 per dwelling unit for the period beginning the July 1 preceding the Board of Supervisors' approval of the case through July 1 four years later, at which point the amount will be adjusted for the cumulative change in the Marshall and Swift Building Cost index during that time period. At the time of payment, the $7,000.00 will be allocated pro -rata among the facility costs as follows: $6,303.00 for roads, and $697.00 for fire stations. b. Thereafter, the per dwelling unit cash proffer amount shall be automatically adjusted, annually, by the annual change in the Marshall and Swift Building Cost Index on July 1 of each year. C. Cash proffer payments shall be spent for the purposes proffered or as otherwise permitted by law. d. Should Chesterfield County impose impact fees at any time during the life of the development that are applicable to the Property, the amount paid in cash proffers shall be in lieu of or credited 15-1157 11/18/15 toward, but not be in addition to, any impact fees, in a manner determined by the County. (B&M) TEXTUAL STATEMENT This is a request to rezone 5.8 acres of an eight (8) acre tract from General Business (C-5) to General Business (C-5) and conditional use to permit multifamily residential use and conditional use planned development to permit exceptions to ordinance requirements on this eight (8) acre tract. 1. Multifamily residential dwellings shall be subject to the requirements of the Zoning Ordinance for the Residential Multi -Family (R -MF) Districts, except as follows: a. Setbacks. i. A fifteen (15) foot exception to the twenty-five (25) foot setback requirement for structures from private driveways. ii. A fifteen (15) foot exception to the fifteen (15) foot setback requirement for structures from parking spaces. iii. A fifteen (15) foot exception to the fifty (50) foot setback requirements for structures from property lines adjacent to GPIN 797-656-6244. b. Dwelling Units. i. A maximum of twenty-seven (27) dwelling units shall be permitted on any one floor of a building. C. Roads. i. A four (4) foot exception to the thirty (30) foot pavement width requirement for access drives. d. Project Size. i. An exception of fifteen (15) acres to the twenty (20) acre minimum project size requirement. e. Height of buildings. i. No buildings or structures shall exceed a height of three (3) stories. f. Recreation Area. i. A one and half (1.5) acre exception to the one and half (1.5) acre minimum for recreational area. Recreational area will be supplemented with the focal point and multifamily facilities amenities that are outlined in the proffered conditions. 2. Buffers. a. The following buffer requirements shall apply to the part of parcel(s) where multifamily residential dwellings are developed: i. A fifty (50) foot buffer shall be provided between the subject property and GPINS 797-657-0152 and 4157. Tree removal and grading shall be allowed within this 15-1158 11/18/15 9 F: buffer area to accommodate site construction and pathway. Equivalent perimeter landscaping 1.5 C shall be provided within the buffer. ii. A twenty-five (25) foot buffer shall be provided between the subject property and GPIN 796-656-8688. Tree removal and grading shall be allowed within this buffer area to accommodate site construction and retaining wall construction. Equivalent perimeter landscaping 1.5 C shall be provided within the buffer. iii. Within these buffers, a six (6) foot solid vinyl, wood or composite fence shall be installed along the western property boundary as shown in Exhibit A. The exact design and treatment of the fence shall be approved by the Planning Department at the time of site plan review. This fence shall be installed prior to the issuance of the first building permit and shall be maintained in good condition. b. Where other permitted uses are developed on the property, these uses shall comply with the buffer requirements of the Zoning Ordinance. Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. 17. PUBLIC HEARINGS 17.A. TO CONSIDER THE CONVEYANCE OF LEASES OF REAL PROPERTY AT VARIOUS PARK SITES AND ATHLETIC COMPLEXES FOR OPERATION OF FOOD CONCESSIONS BY CO-SPONSORED ATHLETIC ASSOCIATIONS AND LEAGUES Mr. Golden stated this date and time has been advertised for a public hearing for the Board to consider the conveyance of leases of real property at various park sites and athletic complexes for operation of food concessions by co-sponsored athletic associations and leagues. Mr. Elswick called for public comment. Mr. Freddy Boisseau, a Bermuda District resident, spoke in favor of the request. He stressed the importance of co- sponsored associations and leagues upholding their lease. There being no one else to address the issue, the public hearing was closed. Mr. Holland stressed the importance of appropriate county oversight and periodic review of various leases of property. Mr. Holland then made a motion, seconded by Mr. Warren, for the Board to approve the conveyance of leases of real property at various park sites and athletic complexes for operation of food concessions by co-sponsored athletic associations and leagues. Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. 15-1159 11/18/15 17.B. TO CONSIDER THE CONVEYANCE OF AN EASEMENT TO LUMOS NETWORKS, INCORPORATED FOR FIBER OPTIC SERVICE TO THE CELL CARRIER ON THE MIDLOTHIAN WATER TANK Mr. Harmon stated Lumos Networks, Incorporated has been unable to reach an agreement with the adjoining land owner; therefore, staff is requesting that the public hearing be cancelled in order for Lumos Networks, Incorporated to review alternate routes. In response to Mr. Elswick's question, Mr. Mincks stated since no public hearing will be held to address the issue, no further action is needed. 17.C. TO CONSIDER THE PROPOSED BON AIR SPECIAL AREA PLAN Ms. Simmelink stated this date and time has been advertised for a public hearing for the Board to consider the proposed Bon Air Special Area Plan. She further stated the current Bon Air Special Area Plan was adopted nearly 30 years ago, in 1986. She stated Bon Air is a unique community with a rich history and distinctive character. She further stated the special area plan builds upon the overall goals and guidelines of the countywide Comprehensive Plan, while also meeting the vision of the people that live, work and play in the Bon Air area. She stated staff began the Special Area Plan process in January 2014 with a team of representatives from the community development departments. She further stated throughout the process staff has also met with other departments and stakeholders to help identify issues and opportunities within the area. She noted throughout the entire process, community members and groups in the area were actively engaged. She stated an initial round of community outreach occurred during the spring and summer of 2014, and during this time staff was out in the community talking with residents and businesses. She further stated throughout the process, over 200 individuals provided their input and comments. She stated staff also attended events within the community to get the word out about the plan review process, as well as meet with individuals and groups to get direct feedback on the draft. She further stated this spring the draft plan was released to the community for review and feedback and there were over 300 comments received on the draft plan from the community. She stated staff reviewed and considered all of the comments and made changes to the plan based on this feedback and held another public meeting, with over 100 in attendance to review the changes with the community. She further stated the Planning Commission held a public hearing on the proposed Bon Air Special Area Plan on July 23, 2015. She stated the comments heard were split expressing general support of the plan and half expressing concerns. She further stated the Planning Commission deferred the plan for 60 days and directed staff to address concerns, update the plan as necessary and meet with the community. She stated the Planning Commission recommended approval of the draft plan at the public hearing in September. She then reviewed the draft plan and major recommendations within the plan. She stated there are 19 guidelines in the plan to guide 15-1160 11/18/15 9 9 9 N I q - growth and infrastructure improvement decisions within the area. She further stated the Bon Air Special Area Plan identifies land use recommendations that are in conformance with the land use designations that are a part of the countywide land use plan. She stated the design plan is intended to guide private redevelopment in a manner that enhances the village atmosphere within the commercial core that is of a high quality lasting design and compatible with surrounding neighborhoods. She further stated the design plan section identifies design characteristics and standards for redevelopment that aim to enhance the walkable, village environment. She then reviewed the infrastructure section which identifies specific improvement projects within the community and is tied to implementation items. She stated the Bon Air Special Area Plan provides a roadmap for the future of Bon Air and is intended to serve as a vision or guide for the future based on the community's priorities. In.closing, she thanked staff, Mr. Gecker, Mr. Waller and the Bon Air community for the continued efforts, participation, input and feedback. Mr. Elswick called for public comment. Ms. Allison Burnett, a resident of Bon Air, stated the plan would increase the safety and enhance the walkable community which would benefit her and her family. Ms. Karen Kardian, a resident of Bon Air, expressed concerns relative to older septic systems in her neighborhood and the resale of home values. She urged the Board to support alternative funding, such as grants, federal and local resources to alleviate the cost of extending wastewater service to underserved areas. Ms. Amy Waters, a resident of Bon Air, stated the improvements to bikeways and sidewalks referenced in the plan will be a tremendous asset to the community. She urged the Board to approve the plan. Ms. Sarah Leland, a resident of Bon Air, stated improvements to bikeways and sidewalks referenced in the plan will create a safe and healthy lifestyle for the community. She urged the Board to approve the plan. Ms. Katie Bach, a teacher at Bon Air Elementary School, stated improvements to bikeways and sidewalks referenced in the plan will create a safe environment for children. She urged the Board to approve the plan. Mr. Brian Sheldon, a former resident of Bon Air, expressed concerns relative to proposed road roundabouts referenced in the plan. He urged the Board to remand the plan back to the Planning Commission for further consideration. Ms. Katheryn Haynes, a resident of Bon Air, stated the plan would increase the safety and enhance the walkable community which would benefit her and her family. She expressed concerns relative to falsehoods created by fear mongers. She urged the Board to approve the plan. 15-1161 11/18/15 Mr. Ken Davis, a Midlothian District resident, expressed concerns with commercial areas referenced in the plan. He inquired about the estimate relative to walking trails and widening of Buford Road. He urged the Board to remand the plan back to Planning Commission for further consideration. Ms. Sarah Berger, a resident of Bon Air, stated her concerns with the plan have been addressed and she supports the revisions. She urged the Board to approve the plan and not delay the process any further. Mr. Tim Ester, a Midlothian District resident, expressed concerns relative to incentives for redevelopment standards for businesses. He urged the Board to remand the plan back to the Planning Commission. Mr. Brian Robinson, a resident of Bon Air, expressed concerns relative to proposed road roundabouts, sidewalks and walking trails referenced in the plan. Mr. Bob Steele, President of the Bon Air Community Association, voiced the association's support of the plan. He stated the improvements to bikeways, trails, sidewalks and road roundabouts referenced in the plan will be a tremendous asset to the community. He recommended drafting a plan for public utility hookup, signage of local businesses and well conceived landscaping. Mr. Freddy Boisseau, a Bermuda District resident, expressed concerns relative to funding of the plan and potential infringement of sidewalks on private property. Mr. John Kinch, a Matoaca District resident, recommended that the Board approve the plan with a special district assessment tax as a way to fund the plan. Miss Leland Gates, a student at Bon Air Elementary School, stated the plan would increase the safety and enhance the walkable community which would benefit her and her family. She urged the Board to approve the plan. Mr. Chuck Gates, a resident of Bon Air, stated long range plans are merely visions for the future. He further stated the plan would increase the safety and enhance the walkable community which would benefit the community. He expressed concerns relative to misrepresentations and falsehoods created by fear mongers. He urged the Board to approve the plan. Ms. Jill Sweeney, a resident of Bon Air, expressed concerns relative to proposed road roundabouts, sidewalks referenced in the plan and special sewer district assessments. She voiced her opposition of the plan. Mr. James Massey, a resident of Bon would increase the safety and enhance which would benefit him and his family. 15-1162 Air, stated the plan the walkable community 11/18/15 9 PE Mr. Will Cordle, a resident of Bon Air, stated the plan would increase the safety and enhance the walkable community which would benefit him and his family. He urged the Board to approve the plan. Mr. Andy Scherzer, a former resident of Bon Air, voiced his support of the plan. He stated the improvements to bikeways, trails and sidewalks referenced in the plan will be a tremendous asset to the overall community. He urged the Board to approve the plan. There being no one else to address the issue, the public hearing was closed. Mr. Gecker stated he has been a resident of Bon Air for 25 years, where he continues to raise his family. He further stated the village has its own vibrancy and life that will take care of itself for a long time. In regards to the plan, he stated having the park within the geography of Bon Air Elementary School is beneficial. He further stated there is almost uniform support for some type of connectivity within the village. He stated he has extreme confidence in the Transportation Department that they will not allow an unsafe condition or block emergency vehicles from reaching their destination. He further stated a safe way to access the Bon Air Community Association from Buford Road will be an asset for the next generation. In regards to sewer connections, he stated at some point the county as a whole is going to have to make a decision to entice people to stay in older neighborhoods and putting in place the utilities infrastructure for reinvestment opportunities. He further stated when Bon Air Elementary School was renovated there was an immediate interest in homeownership in the area served by the school. He stated the original first draft included design concepts for the Bon Air Village that might have looked similar to Short Pump than the current draft does today. He further stated there are protections in place for when development pressures impact pieces of property such as those at the corner of Buford Road and Huguenot Road. He stated the design guidelines in the plan, far from mandating the change, actually protect the community from changes that are not desirable. He expressed his sincere appreciation to Ms. Simmelink and Ms. Barrar for their tremendous efforts reaching out to the community and producing changes that were requested. Mr. Gecker then made a motion to approve the Bon Air Special Area Plan. Ms. Jaeckle concurred with Mr. Gecker relative to utilities infrastructure needed to maintain older areas of the county. She stated the Bon Air Special Area Plan is a gradual plan to better the community. She further stated it is the Board's responsibility as the government in charge of public safety and infrastructure to address safety concerns in areas of the county. She stated the road roundabouts have been proven to be more effective than 4 -way stops and will be vetted in the future. 15-1163 11/18/15 Mr. Holland stressed the importance of community connectivity of sidewalks to area schools and other public facilities. He noted there were numerous community meetings regarding the plan and thanked staff for their exceptional efforts. He stated the plan is a vision for the future and is well supported by the community. Mr. Warren stated there has been no mention of the cost of implementing plan. He further stated improvements for many neighborhoods within the county are wanted and needed. He stated Bon Air is a very special place and should be an example for how to map the county's future. In response to Mr. Warren's question regarding the cost of the plan, Dr. David Pritchard stated the entirety of the plan for pedestrian network and the park are estimated at $11 million. In regards to cost of a mile of sidewalk, he stated it varies by right of way. He further stated the commonly quoted cost for a mile of sidewalk is $1 million. Ms. Jaeckle stated the cost of the plan may seem expensive; however, improvements will be done over a long period of time. Mr. Holland stressed the importance of grant funding for septic/sewer infrastructure in communities throughout the county where a need exists. In response to Mr. Elswick's question, the cost includes stormwater management proposed. He further stated septic estimated around $3.5 million; $14 included. He stated septic, which management, is a countywide issue. Mr. Holland seconded Mr. Gecker's motion. Dr. Pritchard stated where sidewalks are infrastructure is .5 with everything affects stormwater Mr. Elswick called for a vote on the motion made by Mr. Gecker, seconded by Mr. Holland, for the Board to approve the Bon Air Special Area Plan. Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. 17.D. TO CONSIDER THE PROPOSED BIKEWAYS AND TRAILS CHAPTER OF THE COMPREHENSIVE PLAN Ms. Barrar stated this date and time has been advertised for a public hearing for the Board to consider the proposed Bikeways and Trails Chapter of the Comprehensive Plan. She further stated the proposed chapter focuses on non -motorized transportation and is intended to improve the safety of the community. She stated the chapter further refines the community vision on how and where the county will grow and develop. She further stated the county has a long history of planning for bikeways and trails, including the first bikeways plan from 1989 and including Parks and Recreation plans in the 1990's and the Committee on the Future Green 15-1164 11/18/15 9 MIJ a LIM Infrastructure Report adopted in 2005. She stated the project was identified as an implementation step in the Comprehensive Plan adopted in 2012. She further stated many chapters of the Comprehensive Plan identified the importance of biking, walking and connecting neighborhoods with public facilities, jobs and retail. She stated staff began the process of combining the Bikeways Map and the Linear Parks and Trails Map into one chapter in January 2014 with a team that included Planning, Transportation, Parks and Recreation and technical support from SportsBackers. She further stated staff engaged the public, specifically during the planning effort, and the public is interested in safer places to bike and walk for both recreation and for transportation. She stated other public engagement efforts produced the same interest and concerns including public outreach during the Comprehensive Plan update, special area plans, the citizen satisfaction survey and library surveys. She further stated in April of this year, "the Parks and Recreation Advisory Commission (PRAC) held a work session and public hearing and endorsed the chapter. She stated in response to concerns, the Planning Commission deferred the plan and asked staff to make appropriate changes. She further stated the Planning Commission recommended approval of the second draft chapter on a 4-1 vote. She then outlined the chapter and phasing maps. In regards to implementation, she stated as with the rest of the Comprehensive Plan, there are some projects as outcomes of the new chapter. She further stated the most important of them is adopting a companion ordinance that will offer reliefs and protections to developers and landowners who design and construct facilities as part of a development. She noted the plan is focused on infrastructure and not programs. She stated there is a need to educate the community about safe driving, biking and walking behavior and various departments and non -profits should partner to accomplish this goal. She further stated the planning effort is not a new effort. She stated the foundation for the plan was laid in 1989 with many other efforts and studies along the way. She noted the Comprehensive Plan identified this as one of many projects to implement the plan. She stated the plan is a visioning guide and will be reviewed every five years with the entire Comprehensive Plan. She further stated the chapter will improve the public safety and quality of life, ensuring that the county remains a first choice community for businesses and residents alike. In closing, she thanked the Board for their support and participation in the planning process, as well as staff for their enthusiasm and expertise in their fields and citizens for their input. Mr. Elswick called for public comment. Ms. Julia Aielo, accompanied by her brothers Everett and Lance, urged the Board to approve the plan. She expressed concerns relative to unsafe biking conditions to and from school and other destinations. Ms. Sabrina Adams, a Clover Hill District resident, stated the working poor in urban areas of the county would benefit greatly from bike and walk networks that link destinations. She further stated in between 2003 and 2013, 32 people died while walking. She stressed the importance of providing a network that will enhance safety and foster an active lifestyle for everyone. 15-1165 11/18/15 Ms. Melinda Aielo, a Bermuda District resident, presented a petition with 1,015 signatures in support of the plan, as well as 117 signatures of individuals who reside outside of the county. She stated those citizens in support would like their county to have a safe, accessible network of bikeways and trails that connect residents with places of work, schools, retails locations, etc. She further stated establishing and improving these connections will not only benefit the physical and mental health of residents, but will also bolster economic growth, reduce traffic congestion, and improve the quality of life for citizens of Chesterfield County. She urged the Board to support the plan. Mr. Ken Robertson, a Bermuda District resident, urged the Board to approve the proposed bikeways and trail plan. He stated the plan promotes healthy lifestyles and will create a vibrant community that will attract millennials and businesses. He further stated property values have been shown to increase in value. Mr. Adam Kennedy, a member of the Board of Directors of the Chesterfield Chamber of Commerce and chairman of the Regional Affairs Committee, voiced support of the bikeways and trials plan on behalf of the Chesterfield Chamber with as much future consideration as possible for property rights, as well as an understanding that development of the community will not bear the sole cost of development for the bikeways and trails plan. He stated supporting an active county will attract families and newcomers to the region. Ms. Katie Bach, a Midlothian District resident, stated the plan promotes healthy lifestyles, and an accessible network of bikeways and trails and will improve the quality of life for citizens in the county. She urged the Board to approve the plan. Mr. Ben King, a Midlothian District resident, urged the Board to approve the plan. He stated the plan promotes healthy lifestyles, will bolster economic growth and create a lively community that will attract millennials and businesses. Mr. Fred DeMey expressed concerns relative to the implementation and funding of the plan. He urged the Board to deny or defer consideration of the issue until the new Board is familiar with the plan. Dr. Joe Hillier, a Matoaca District resident, expressed concerns relative to the unsafe conception of bike trails along the Appomattox River and the price associated with the plan. He stated funds are better off being appropriated to public servants. Ms. Miriam Ford, a Midlothian District resident, stressed the importance of a safe, accessible network of bikeways and trails that connect residents with places of work, schools, and retails locations. She urged the Board to approve the plan. 15-1166 11/18/15 9 IE 9 M Mr. Kevin Parks, a Dale District resident, voiced his opposition of the proposal. He expressed concerns relative to the cost of the plan and inquired about funding sources. Mr. John Kline, a Matoaca District resident, urged the Board to defer consideration of the issue until the new Board is familiar with the plan. He expressed concerns relative to potential infringement on private property and the environmental impact relative to the proposal. He then presented a petition with 40 signatures in opposition of the plan. Ms. Kathleen Davis, a Bermuda District resident, stressed the importance of a safe and accessible network of bikeways and trails that connect residents to places of work, schools, and retail locations. She stated many individuals cannot afford to buy a vehicle and have to walk or bike to their destinations. Mr. Freddy Boisseau, a Bermuda District resident, urged the Board to remand the issue back to the Planning Commission and recommended drafting the plan to focus only on areas of the county that are in need of sidewalks and trails to address safety concerns, not for recreational use. He also expressed concerns relative to potential infringement on private property and the cost of the plan. Mr. Mark Saunders, a Clover Hill District resident, stressed the importance of a safe, accessible network of bikeways and trails that connect residents to places of work, schools, and retail locations. He stated many individuals cannot afford the luxury of a vehicle or other means of transportation to get to their destination. Ms. Megan Shultz, a Bermuda District resident, urged the Board to approve the plan. She stated the plan would increase the safety and create an accessible network of bikeways and trails which would greatly benefit her family and the community. Mr. Jeff Rudleck, a Bermuda District resident, stated the plan represents an intelligent and coordinated way to conserve funds by setting and communicating standards, integrating efforts, attracting new residents and businesses, bolstering property values and reducing residents, health costs through improved physical fitness, all while reducing transportation related injuries and death. Ms. Allison Burnett, a Midlothian District resident, urged Board to approve the plan. She stated the plan promotes healthy lifestyles, would increase the safety and create an accessible network of bikeways and trails which would greatly benefit her family and the community. Ms. Kim Marble, representing the Jefferson Davis Association, expressed her appreciation to county staff for addressing concerns of the community relative to the plan. She noted the plan is a new version of an existing plan. She recommended that the Jefferson Davis Corridor remain a priority for the safety of county residents. She urged the Board to approve 15-1167 11/18/15 the plan. Ms. Amy Waters stated the plan promotes healthy lifestyles and provides an accessible network of bikeways and trails and will improve the quality of life for citizens in the county. She urged the Board to approve the plan. Mr. Todd Wilson, a Matoaca District resident, stressed the importance of a safe, accessible network of bikeways and trails that connect residents to places of work, schools, and retail locations. He stated many individuals cannot afford the luxury of a vehicle or other means of transportation to get to their destination. Miss Gabriele Flynn voiced her support of the plan. She stressed the importance of a safe, accessible network of bikeways and trails to connect her and her family to local destinations. Ms. Julie Ranson, a Bermuda District resident, expressed concerns relative to spending taxpayers, money to pay for the proposed plan. She made a recommendation to the Board to develop a plan to engage the community in the budgetary process. She then urged the Board to deny or defer consideration of the issue until the new Board is familiar with the plan. Mr. Joseph Flynn, a Clover Hill District resident, voiced his support of the plan. He stressed the importance of a safe, accessible network of bikeways and trails that connect residents to places of work, schools, and retail locations. He urged the Board to approve the proposal. Ms. Lisa Everington, a Clover Hill District resident, expressed concerns relative to spending taxpayers, money to pay for the proposed plan. She urged the Board to deny or defer consideration of the issue until the new Board is familiar with the plan. Ms. Brandy Bowe, a Clover Hill District resident, urged the Board to approve the plan. She stated the plan promotes healthy lifestyles, would increase the safety and create an accessible network of bikeways and trails which would greatly benefit her family and the community. Mr. Lindsay Childs, a Midlothian District resident, urged the Board to approve the plan. He stressed the importance of a safe, accessible network of bikeways and trails that connect residents to places of work, schools, and retail locations. Mr. Mike Snodgrass, a Matoaca District resident, voiced his support of the plan. He stated the plan promotes healthy lifestyles, would increase the safety and create an accessible network of bikeways and trails which would greatly benefit his family and the community. He stated the plan has the potential to reduce car trips per household over an extended period of time. Mr. Kevin Carroll, president of the Chesterfield County Fraternal order of Police and representing the Virginia Deer Hunters Association, expressed concerns relative to the 15-1168 11/18/15 IE PI IE N N funding of the plan and potential infringement on private property. He urged the Board to defer consideration of the issue until the new Board is familiar with the plan. Mr. Brian Conlin, a teacher at Swift Creek Middle School and former teacher at Meadowbrook High School, stated the plan would help high school students become more independent by not relying on family members for transportation. He stressed the importance of safe, accessible network of bikeways and trails to connect families to local destinations. Mr. Tim Arnett stressed the importance of a safe, accessible network of bikeways and trails that connects residents to places of work, schools, and retail locations and bolsters economic growth. He urged the Board to approve the plan. Mr. Jason Swadeck, a Matoaca District resident, voiced his support of the matter and stated citizen safety, economic growth and putting forth a vision in a plan is a need, not a want, for the community. He urged the Board to approve the plan. Mr. John Kinch, a Matoaca District resident, expressed concerns relative to the cost and funding of the plan, the potential infringement on personal property and conflict with recreational opportunities such as hunting. He urged the Board to defer consideration of the issue until the new Board is familiar with the plan. Mr. Steve Hague, a Dale District resident, voiced his support of the plan. He stressed the importance of a safe, accessible network of bikeways and trails to connect him to local destinations. He urged the Board to approve the plan. Mr. Craig Stariha, a Matoaca District resident, voiced his opposition of the plan as it is currently written. He expressed concerns relative to eminent domain and the potential infringement on personal property, conflicts with recreational activities such as hunting and costs relative to the plan. He urged the Board to defer consideration of the issue. Mr. Chris Elidas, a Midlothian District resident, urged the Board to approve the plan. He stressed the importance of a safe, and accessible network of bikeways and trails that connect residents to places of work, schools, and retail locations. Mr. Roger Skeen, a Clover Hill District resident, voiced his support of the plan. He stated the plan promotes healthy lifestyles, would increase the safety and create an accessible network of bikeways and trails which would greatly benefit his family and the community. He urged the Board to strongly consider approving the plan. Mr. Ray Patterson, a Midlothian District resident, stressed the importance of a safe, an accessible network of bikeways and trails that connect residents to places of work, schools, and retail locations. He urged the Board to approve the plan. 15-1169 11/18/15 Ms. Wendy Austin, a Midlothian District resident, voiced her support of the plan. She stated establishing and improving these connections will not only benefit the physical and mental health of residents, but will also bolster economic growth and improve the quality of life for citizens of Chesterfield County. She further stated an extensive and safe trail will have positive impacts on the economy, health, and natural resources. She urged the Board to approve the plan. Mr. Christopher Long stated he bikes to work from Richmond into Chesterfield using the bike lane on Route 10. He urged the Board to approve the plan. Ms. Theresa Wagenknecht, a Matoaca District resident, voiced her support of the plan. She stated the plan promotes healthy lifestyles, would increase the safety and create an accessible network of bikeways and trails which would greatly benefit the community. Mr. Mike Parham, a Dale District resident, stressed the importance of creating a safe and accessible network of bike lanes and trails for bikers and runners. He urged the Board to approve the plan. Ms. Terry Kinch, a Matoaca District resident, voiced her opposition of the plan. She expressed concerns relative to the cost and funding of the plan. She urged the Board to defer consideration of the issue until the new Board is familiar with the plan. Mr. Steve Meadows, a Midlothian District resident, voiced his support of the plan. He stated the plan promotes healthy lifestyles, would increase the safety, improve the quality of life of a vibrant community and bolster economic development. He recommended having volunteers maintain the bikeways and trails. Mr. Steve Overgaard, Matoaca District resident, on behalf of Southside Virginia Association of Realtors, he voiced his support because of the positive impact the plan will have on property values. He stated the plan promotes healthy lifestyles, will bolster economic growth and create a lively community that will attract millennials and businesses. Mr. Terry Troxell, a Dale District resident, stated there are three major benefits of trails - safe motorized transport, safe recreational activity and safe exercise. He further stated a long-term plan provides for rational development and avoids chaotic, wasteful development. He urged the Board to approve the plan. Mr. Howard Nester, President of Chesterfield County Farm Bureau, expressed his appreciation to Planning staff for their outstanding efforts. He expressed concerns relative to eminent domain and the potential infringement on personal property, conflicts with recreational activities such as hunting and costs relative to the plan. He recommended having restrictions relative to funding of the plan. 15-1170 11/18/15 F] 9 9 M M Ms. Virginia Sommers, a Bermuda District resident, voiced her support of sidewalks and trails in urban areas where individuals do not have the luxury of owning a vehicle to reach their destinations. She expressed concerns relative eminent domain and costs associated with the plan. Mr. John Kinch voiced his opposition of the plan and urged the Board to defer consideration until the new Board is familiar with the plan. He expressed concerns relative to the costs of the plan and use of bikeways and trails in very urban areas of the county. Ms. Jackie Whitmore, a Bermuda District resident, voiced her opposition of the plan. She expressed concerns relative to cost of the plan, eminent domain, potential infringement on private property, noise, trash and vandalism. She stated she does not believe the county should pay for recreational needs. Mr. Chuck Gates, a Midlothian District resident, stated in order to fund transportation projects, vision planning is created and projects are completed one at a time. He stated many individuals cannot afford the luxury of a vehicle or other means of transportation to get to their destination. He urged the Board to approve the request. Mr. Tom Whitmore, a Bermuda District resident, urged the Board to deny or defer consideration of the plan. He expressed concerns relative to the maintenance and cost of the proposed bikeways and trails. Mr. Lawrence Taylor, member of the Chesterfield County Farm Bureau, voiced his opposition of the plan as written. He expressed concerns relative to eminent domain and potential infringement on personal property. Ms. Kim Marble stated the plan promotes healthy lifestyles, will bolster economic growth and create a lively community that will attract young families and businesses. She urged the Board to approve the plan. Ms. Telina Putland, a Chesterfield County resident, stated the plan promotes healthy lifestyles, would increase the safety and create an accessible network of bikeways and trails which would greatly benefit the community. She further stated proposed infrastructure will attract young families and businesses. Mr. Jon Lugbill, Executive Director of SportsBackers, commended county staff for their tremendous efforts relative to the creation of the plan. He stated the importance of the plan is to guide the vision of the future and to make a long- term investment in the health of county residents by providing safe and accessible infrastructure to lead an active life. He urged the Board to approve the plan. Ms. Patty Krudeski, a Clover Hill District resident, stated the plan would increase the safety and create an accessible network of bikeways and trails which would greatly benefit the community. She urged the Board to approve the plan. Mr. Rodney Martin, a Midlothian District resident, expressed concerns relative to the relationship between SportsBackers and the county, the cost of the plan and TMDL. 15-1171 11/18/15 91 9- F! m m Mr. Ross Kimball stated he commutes to work via bicycle from Richmond to Chesterfield most days. He stated many individuals cannot afford the luxury of a vehicle or other means of transportation to get to their destination. He urged the Board to approve the plan. Mr. Earl Spencer, a Dale District resident, stated he has not seen anyone ride their bicycle to the county courthouse between 6-9 a.m. Ms. Tammy Bowser, a Bermuda District resident, stressed the importance of a safe, accessible network of bikeways and trails that connect residents to places of work, schools, and retail locations. She stated many individuals cannot afford the luxury of a vehicle or other means of transportation to get to their destination. She urged the Board to approve the plan. There being no one else to address the issue, the public hearing was closed. Mr. Elswick expressed his appreciation to the public for their patience, passion and servility. Ms. Jaeckle stated Board members all serve on different boards and commissions throughout the region as liaisons for the county. She noted SportsBackers promotes physical activity throughout the region. She stated the sidewalk project previously voted on had to go through various steps in order to be finalized and approved. She further stated the bikeways and trails plan will continue to gain public input throughout the planning process. She noted in the past there were no developmental standards to require sidewalks in many established neighborhoods. She stressed the importance of promoting healthy lifestyles and enhancing the quality of life for county residents. She stated when a plan is in place it is more likely to acquire a grant to implement various county projects. She stressed the importance of maximizing the accessibility to all county schools. Mr. Holland noted Dale District schools are accredited. He stated it is critically important to have a plan for great communities. He further stated the failure to plan is way too costly and those who fail to plan fail. He stated the bikeways and trails plan is in the best interest of pedestrians and those who commute via bicycle. He further stated the Parks and Recreation Advisory Committee have endorsed the plan and the Planning Commission also approved the plan. He noted no county expenditures are required and no funds are currently budgeted for the plan. He stated the Board will determine if any funds are to be allocated in the future. He further stated the Virginia Department of Transportation uses state and federal highway funds to build sidewalks and lanes along new and secondary roads. He stated having a plan will allow the county to access funds from a number of sources. He stressed the importance of citizens being able to access amenities and facilities safely via bikeways and trails. He strongly advocated for personal property rights prior to eminent domain. He noted the plan will not be actualized as presented this evening. 15-1172 11/18/15 9 IE F: M In response to Mr. Warren's questions, Mr. Smith stated the length of the project for the Reams Road sidewalk is about a half of a mile and does not connect to any other network. He further stated the intent of the project was for safety reasons. He stated the total cost of the project was $9 million and was tied up in utility relocation and moving power poles. He further stated a lot of sidewalk projects tend to be utility relocation projects. He stated there are currently hundreds of millions of dollars of transportation priority needs in the county. He further stated billions of dollars would be based upon growth to build out. He stated the 288/360 interchange project is more of a larger scale project and the ability to provide bikeways and pedestrian accommodations on an interchange is fairly limited. He further stated the county applies for as much funding as possible, and it is an extremely competitive process. He stated based on what is currently received, just to execute the current projects on the Board's priority list, they are expected to be completed in a matter of decades. Mr. Gecker stated the plan is a good plan. He further stated the plan is to avoid putting things where they do not belong moving forward to prevent relocation expenses. He stated it is a shame there is such a misconception between comprehensive planning and the budget process. In response to Mr. Gecker's question, Mr. Smith stated the sidewalk project approved today was about $.5 million. Mr. Gecker stated people in that particular area wanted the ability to walk toward the library and had the plan been in place those sidewalks would have been in place with the development of the road instead of being retrofitted. He further stated the increase in the vehicle registration fee was to fund the revenue sharing for additional sidewalks in the county. He stressed the importance of moving forward in a cost effective way by planning to take advantage of opportunities as they arise. He stated the bikeways and trails plan makes sense for the future of the county in order to provide recreational amenities to the community. Mr. Elswick stated he supports the plan, just not as written. He further stated if the plan moves forward he plans to work with staff and the Board to address the issues through the ordinance and the policies primarily dealing with eminent domain, protecting the hunting rights of hunters and will look at prioritizing versus phasing. On motion of Mr. Gecker, seconded by Ms. Jaeckle, the Board approved the Bikeways and Trails Chapter of the Comprehensive Plan. Ayes: Jaeckle, Holland and Gecker. Nays: Warren and Elswick. It was generally agreed that the Board would not consider any 00 m in accordance with the additional matters after Board's procedures. 15-1173 11/18/15 17.E. TO CONSIDER THE PROPOSED COMPLETE ROADS POLICY This public hearing was deferred until December 16, 2015. 18. REMAINING MANUFACTURED HOME PERMITS AND ZONING REQUESTS There were no remaining requests for manufactured home permits or rezoning at this time. 19. FIFTEEN -MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED MATTERS There were no requests to address the Board at this time. 20. ADJOURNMENT On motion of Mr. Warren, seconded by Ms. Jaeckle, the Board adjourned at 12:15 a.m. until December 7, 2015, at 5 p.m. for a joint meeting of the Board of Supervisors, School Board and the County's Legislative Delegation at the Eanes-Pittman Public Safety Training Center. Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. -. tor 'ountministmrator Step en A. Elswick Chairman 15-1174 11/18/15 9 Kn 0