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2020-12-16 MinutesBOARD OF SUPERVISORS MINUTES December 16, 2020 Supervisors in Attendance: ! Ms. Leslie A. T. Haley, Chair f`/ Mr. Kevin P. Carroll, Vice Chair Mr. James A. Ingle, Jr. Mr. Christopher M. Winslow Mr. James M. Holland Dr. Joseph P. Casey County Administrator Ms. Haley called the meeting to order at 2:00 p.m. She stated due to COVID-19 and the occupancy limits of the Public Meeting Room, citizens requesting to speak before the Board will be given the opportunity to comment in person at the appropriate time. She reviewed the protocols for facial coverings and spatial distancing in accordance with Executive Orders 72 and 63. 1. APPROVAL OF MINUTES On motion of Mr. Ingle, seconded by Mr. Carroll, the Board of Supervisors approved the minutes of November 18, 2020, as submitted. Ayes: Haley, Carroll, Ingle, Winslow and Holland. Nays: None. 2. REQUESTS TO POSTPONE AGENDA ITEMS AND ADDITIONS, DELETIONS OR CHANGES IN THE ORDER OF PRESENTATION There were no requests to postpone agenda items, additions, deletions or changes in the order of presentation at this time. 3. WORE SESSIONS 3.A. EVERYDAY EXCELLENCE - POLICE DEPARTMENT Ms. Shannon Braughton, accompanied by her husband, Robert, addressed the Board relative to the heroic acts of Corporal Officer Timothy Morton. She stated Officer Morton saved the life of her two-year-old granddaughter, Camden, who experienced a seizure and required CPR. She further stated Officer Morton was not dispatched to the call but heard there was a need and responded by choice. She expressed her gratitude for Officer Morton and thanked the Board for having members of the Police Department protecting the community. Officer Morton expressed his appreciation for the kind remarks. 20-853 12/16/2020 Ms. Braughton added that Officer Morton became a grandfather today. Ms. Haley thanked Ms. Braughton for sharing her story and thanked Officer Morton for going above and beyond to serve the citizens. Dr. Casey stated both Mr. Winslow and he had an opportunity to accompany Officer Morton when he was performing a count of homeless persons in the county. He further stated Officer Morton has conversations with them and knows them by name, and he also provides goods and provisions. Mr. Winslow stated Officer Morton sets the gold standard for what it means to be a community policing officer, and he is honored to have seen Officer Morton in action. Mr. Holland thanked Ms. Braughton for sharing her story and congratulated Officer Morton on the birth of his grandchild. Mr. Carroll stated he has worked with Officer Morton on many occasions, and Officer Morton is a mentor and a leader to younger officers. He thanked Officer Morton for responding to the call. 3.B. VIRGINIA DEPARTMENT OF TRANSPORTATION (VDOT) UPDATE Ms. Rebecca Worley, Resident Engineer for the Chesterfield Residency, provided the Board with an update on VDOT operations. She stated Virginia is the third largest state - maintained highway system in the country behind Texas and North Carolina. She reviewed the Chesterfield Residency organizational chart and provided statistics of the county's lane miles and structures and bridges. She discussed VDOT's maintenance services and emergency responses. She provided details of damages incurred as a result of the flooding event on August 15, 2020. She stated VDOT has a Joint Safety Operations Center (JSOC) which should lead to more efficient and effective collaboration between VDOT and the Virginia State Police, especially when working on highway incidents. She discussed VDOT's snow removal operation; engineering services provided by VDOT; and VDOT resources. Mr. Winslow expressed appreciation to Ms. Worley for her dedication. Ms. Haley thanked Ms. Worley for the presentation and expressed appreciation for the cooperation between VDOT and the county's Transportation Department. Mr. Holland congratulated Ms. Worley and welcomed her input on any improvements she feels may be needed. j 3.C. AMENDED AND RESTATED MEMORANDUM OF UNDERSTANDING WITH DOMINION ENERGY Mr. Jeff Mincks, County Attorney, reviewed the 2019 General Assembly legislation requiring Dominion Energy to move its coal 20-854 12/16/2020 ash from its existing storage ponds at the Chesterfield County power station. He discussed the initial Memorandum of Understanding (MOU) approved by the Board in August of 2019. He stated since that time the engineering has been finalized, and the county is ready to amend the MOU. He noted the amended MOU will need to be approved by the State Corporation Commission (SCC) in January of 2021. He stated Dominion will pay approximately $68 million for the various projects assuming they are all approved by the SCC. He further stated staff anticipates the SCC's decision by the latter part of 2021, and, once approved, the project can move forward. He stated approval of the amended MOU is on the Board's Consent Agenda. Ms. Haley expressed her appreciation for the strong partnership between the county and Dominion Energy. 3.D. EMS FEES AND FIRE -EMS UPDATE Chesterfield Fire and EMS Chief Loy Senter provided the Board with an update on the activities and initiatives of the department. He updated the Board on the status of the Deployment and Staffing Study which is currently under way and being conducted by Emergency Services Consulting International (ECSI). He discussed COVID-19 challenges and stated the department has not experienced any service level reductions to date. He recognized the outpouring of support from citizens, community groups, faith -based organizations and business who have turned out to provide Personal Protective Equipment (PPE) and supplies. He stated numerous restaurants have selflessly donated gift cards to fire stations and provided hot meals to on -duty career and volunteer members. He provided statistics of the operational impacts to the department resulting from COVID-19 and stated call volume has in many ways returned to normal. He discussed Training and Development which has continued despite the challenges of training in the COVID-19 environment. He announced the Magnolia Green Fire and EMS Station was recently opened and encouraged the public to visit the department's Facebook page for an interactive, 360 -degree tour. He also announced sitework has begun on the Midlothian Fire and EMS Station, and substantial completion is anticipated in mid- to late-FY2022. He provided details of Specialized Services and Technology which include acquisition of a new fire boat; acquisition of a new dive boat; participation in the Virginia Helicopter Aquatic Rescue Team (VA HART); further development of a drone program; and acquisition of Clover, an accelerant detection canine trained and provided by the Bureau of Alcohol, Tobacco, and Firearms. He stated the department has continued to recognize its members for their selfless acts of service despite limitations on social gatherings, and he enumerated the many awards given this year. He then introduced Chief Justin Adams, EMS Director, to discuss the proposed l` Emergency Medical Services Treat/No Transport Program. M/ Chief Adams provided the Board with a summary of the current Revenue Recovery Program which has been in place since 2002 and supports EMS system improvements. He stated a Treat/No Transport Fee is needed to cover emerging pre -hospital care services. He further stated the proposed fee, calculated as fifty percent of the ALS E fee, will be published in the Annual 20-855 12/16/2020 Transport Fee Schedule as published by Medicare. He stated the fee is not intended to generate revenue but rather to help offset the cost of providing service delivery. He then discussed the new Emergency Triage, Treat, and Transport (ET3) Initiative which is a five-year voluntary program by the Centers for Medicare and Medicaid Services designed to provide more appropriate and expedient care to residents while lowering costs and impact on the EMS system. He explained Treat/No Transport options including healthcare in the home and facilitating tele -medicine, and Destination Flexibility such ] as urgent care centers. He stated these new service options provide the framework for more cost-effective services while ensuring residents' needs are met and cared for by providing the right EMS service in the right place at the right time and navigating them to the appropriate follow-up care. Mr. Ingle stated this is one of the most innovative programs he has seen in the last few years and commended Fire and EMS for their work. Mr. Carroll concurred with Mr. Ingle and stated this program is a cost savings to citizens without healthcare coverage. In response to Mr. Holland's question relative to the commencement date of the program, Chief Adams stated a smaller pilot program is scheduled to begin January 1, 2021, and it will be opened up to everyone in the February to March timeframe. Ms. Haley requested an update in six months and expressed her appreciation for the innovative program. Chief Senter then provided the Board with an update on the COVID-19 vaccine. He stated the county could receive a shipment of the vaccine before the end of the year. Ms. Haley stated Chippenham and Johnston -Willis Hospitals have received their shipments, and vaccinations are being administered. Chief Senter expressed his appreciation to the Board for its action to implement the Public Safety Pay Plan. 3.E. CHESTERFIELD AIRPORT UPDATE Mr. Clay Bowles, Director of General Services, provided the Board with an update on the engagement of the Airport Advisory Board (AAB). He reviewed the focus areas which are facility beautification; lease and rate terms; AAB onboarding model; rules, regulations, and minimum standards update; "luxury" T - hangars; and strategic business plan improvements. He then introduced Mr. Jeremy Wilkinson, Airport Manager, to provide the remainder of the update. Mr. Wilkinson provided the Board with a general overview of the Airport. He stated the 2018 Economic Impact Study revealed that the Airport contributed to approximately $52 million in economic impact and supported 266 jobs with an annual payroll of over $15 million. He further stated the Airport ranks fifth 20-856 12/16/2020 out of eight Virginia reliever airports in the number of based aircraft and fourth in flight operations. He provided the Board with statistics of Annual Flight Operations and T -Hangar Occupancy Rates. He reviewed active projects such as the fuel farm replacement, the North Ramp development, terminal building HVAC replacement, entranceway improvements, terminal ramp repairs, hangar lease renewal with the Virginia State Police, movement of Airport staff to the terminal building, land acquisition for the runway extension project and updates to the Airport Rules and Regulation and FBO Minimum Standards. He also reviewed early-stage projects such as the Southeast Ramp development and economic development area for future commercial use. He stated even with COVID-19 impacts on the aviation industry, overall revenues exceeded expenditures for 2020. He then introduced Mr. Matt Harris, Deputy County Administrator, to discuss an Airport financial policy on the Consent Agenda for the Board's consideration. Mr. Harris stated the Airport Enterprise Fund Policy will formalize current practices to help the Airport achieve self- sufficiency. He further stated the Public Safety Compensation Reserve will reserve surpluses from the Public Safety appropriations category to support the Public Safety Compensation Plan in future fiscal years. Ms. Haley stated the Airport is an incredible asset. She further stated the previous Board was made aware of unmet needs at the Airport and challenged staff to reevaluate based on revenues generated by the Airport. In response to Ms. Haley's question relative to the meaning of a reliever airport, Mr. Wilkinson stated the Chesterfield Airport hosts smaller, general aviation aircraft to reduce the burden at Richmond International Airport. Mr. Holland expressed appreciation to Airport staff for the beautification efforts. He noted the significance of the Airport's $52 million economic impact and 66 jobs. 3.F. LEARNING AND PERFORMANCE CENTER UPDATE 20-857 12/16/2020 Mr. Kevin Bruny, Director and Chief Learning Officer of the Learning and Performance Center (LPC), provided the Board with an update on the activities and initiatives of LPC. He expressed pride in his staff's willingness to embrace change during the pandemic. He reviewed LPC's purpose and the composition of staff. He discussed LPC's role in establishing a process to redeploy personnel whose time or programs did not readily shift to teleworking when county buildings and services were shut down at the onset of the pandemic. He provided details of the "Beyond the New Normal" weekly email to the workforce which was launched to inspire, educate, and cultivate innovative thinking. He stated the Citizen Satisfaction Survey was launched in mid-March; however, the process was stopped because it did not seem to be the appropriate time to seek input on how citizens engaged service delivery. He further stated LPC has engaged the National Research Center (NRC) and is developing a timeline to restart the survey in 2021. He reviewed the many internal surveys crafted and deployed by LPC, 20-857 12/16/2020 some of which were relevant to the pandemic. He discussed several of LPC's initiatives such as the Citizen Experience Assessment; Talent Stewardship 2020; the 2020 Virtual Cyber Security Summit; and uLearn courses for required employee training. He provided details of the transition from instructor -led training to virtual training but noted some classes, such as Chainsaw Operation and Safety, still require in-person training with social distancing protocols. He expressed appreciation for the Board's support of LPC. Mr. Winslow commended Mr. Bruny and the LPC team for their efforts. He inquired about the permanence of virtual training and what is working well in the current environment. Mr. Bruny stated he believes employees will look to learn differently now, and he anticipates future learning will be a hybrid of in-person and virtual learning. Ms. Haley stated certain subjects lend themselves well to a virtual environment while others are better learned in a classroom. She thanked LPC for the incredible amount of information shared in these unique times. In response to Mr. Holland's question relative to Chesterfield University, Mr. Bruny stated Chesterfield University has evolved, and many of the certificate programs are still offered. He further stated LPC is looking at training differently, especially as it pertains to the millennial workforce. 4. REPORTS 4.A. KEY FINANCIAL INDICATORS QUARTERLY REPORT The Board accepted the Key Financial Indicators Quarterly Report. 4.B. DISTRICT IMPROVEMENT FUNDS (DIF) MONTHLY REPORT The Board accepted the Monthly Report on District Improvement Funds. 5. FIFTEEN -MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED MATTERS Mr. Boyd Cave addressed the Board relative to approving funding of a two -percent bonus for teachers. R 20-858 12/16/2020 6. CLOSED SESSION 6.A. 1) PURSUANT TO SECTION 2.2-3711(A)(3). CODE OF PUBLIC WOULD SITION AND AND 2) FUR NIA. 1950, CONSIDER PROSPECTIVE BUSINESSES OR INDUSTRIES OR THE lam/ EXPANSION OF EXISTING BUSINESSES OR INDUSTRIES WHERE PREVIOUS ANNOUNCEMENT HAS BEEN NAME OF THE BUSINESSE OR INDUSTRIES' INTEREST IN LOCATING OR EXPANDING THE On motion of Mr. Holland, seconded by Mr. Ingle, the Board went into closed session 1) pursuant to Section 2.2-3711(A)(3), Code of Virginia, 1950, as amended, to discuss the acquisition by the county of real estate for a public purpose where discussion in an open meeting would adversely affect the bargaining position and negotiating strategy of the public body, and 2) pursuant to Section 2.2-3711(A)(5), Code of Virginia, 1950, as amended, to discuss or consider prospective businesses or industries or the expansion of existing businesses or industries where no previous announcement has been made of the businesses' or industries' interest in locating or expanding their facilities in the community. Ayes: Haley, Carroll, Ingle, Winslow and Holland. Nays: None. Reconvening: On motion of Mr. Ingle, seconded by Mr. Carroll, the Board adopted the following resolution: WHEREAS, the Board of Supervisors has this day adjourned into Closed Session in accordance with a formal vote of the Board and in accordance with the provisions of the Virginia Freedom of Information Act; and WHEREAS, the Virginia Freedom of Information Act effective July 1, 1989 provides for certification that such Closed Session was conducted in conformity with law. NOW, THEREFORE BE IT RESOLVED, the Board of Supervisors does hereby certify that to the best of each member's knowledge, i) only public business matters lawfully exempted from open meeting requirements under the Freedom of Information Act were discussed in Closed Session to which this certification applies, and ii) only such business matters were identified in the motion by which the Closed Session was convened were heard, discussed or considered by the Board. No member dissents from this certification. Mr. Ingle: Aye. Mr. Winslow: Aye. Mr. Holland: Aye. Mr. Carroll: Aye. Ms. Haley: Aye. 20-859 12/16/2020 Ms. Haley stated due to COVID-19 and the occupancy limits of the Public Meeting Room, citizens requesting to speak before the Board will be given the opportunity to comment in person at the appropriate time. She reviewed the protocols for facial coverings and spatial distancing in accordance with Executive Orders 72 and 63. She stated all Board members have received and reviewed citizen comments submitted through the online portal. 8. INVOCATION J The Honorable Kevin Carroll, Matoaca District Supervisor, gave the invocation. 9. PLEDGE OF ALLEGIANCE Mr. Matt Harris, Deputy County Administrator, led the Pledge of Allegiance to the Flag of the United States of America. 10. COUNTY ADMINISTRATION UPDATE • Dr. Casey announced Economic Development just closed the third round of its Back In Business grant program, and over $5 million in grants have been awarded to 439 county businesses. 10.A. NATIONAL NIGHT OUT RECOGNITION Dr. Casey announced out of the thousands of communities that participated in the 371n Annual National Night Out in 2020, Chesterfield County placed fourth in the nation among communities with a population of 300,000 or more. He stated this year's placement is the highest placement received since participating in the program. He further stated the Police Department values the relationships with the county's communities and looks forward to building even stronger ties in 2021. 10.8. EMPLOYEE RECOGNITIONS Dr. Casey announced Mr. Bob Smet, Director of Parks and Recreation, was recently appointed to the Board of Directors for the National Association of County Park and Recreation Officials (NACPRO). He stated the appointment is a tremendous honor for Mr. Smet, the Department of Parks and Recreation, and the county as a whole. He then discussed how Parks and Recreation has continued to offer the chair fitness program for older adults at Stonebridge Recreational Center by splitting the class between the gym and the multipurpose room IJ and utilizing technology to livestream the instructor, thereby allowing the instructor to interact with all participants at the same time. 20-860 12/16/2020 10.C. OTHER COUNTY ADMINISTRATION UPDATES • Dr. Casey announced Libraries' Learning Pod program developed and deployed this past summer has been recognized by the Urban Library Council for excellence in Organizational Change and Strategic Management. • Dr. Casey announced Communications and Media has developed an online resource that allows residents to easily locate Chesterfield addresses that are all decked out for the holidays and navigate around the county to enjoy some festive but safe Christmas cheer. 11. BOARD MEMBER REPORTS Mr. Winslow recognized Mr. Steve Meadows, who was present to receive the previously adopted resolution recognizing the 80th anniversary of the Chesterfield Ruritan Club. He then recognized SOAR 365 for recently completing a tree -planting project along a major thoroughfare in the county. Mr. Ingle announced he had the opportunity to observe the Environmental Engineering drainage crew work on a project to rehabilitate a stream, and he stated he was thoroughly impressed with their work. He also announced he met with Station 14 firefighters and EMS personnel, and he shared his experience observing training scenarios for a fire and an active shooter. Mr. Holland expressed his appreciation to Ms. Pam Cooper and the Department of Community Enhancement for their beautification efforts at the Airport and throughout the county. He extended holiday greetings to all. Ms. Haley recognized the Chesterfield Observer as a community partner providing readers with an honest and thorough examination of topics that are most important to them. She congratulated the newspaper for 25 years of service to the community. 12. RESOLUTIONS AND SPECIAL RECOGNITIONS There were no Resolutions or Special Recognitions at this time. 13. NEW BUSINESS 13.A. APPOINTMENTS 13.A.1. CENTRAL VIRGINIA WASTE MANAGEMENT AUTHORITY k On motion of Mr. Winslow, seconded by Mr. Carroll, the Board �✓ simultaneously nominated/appointed Mr. Cary Drane to serve as a board member on the Central Virginia waste Management Authority, whose term is effective January 1, 2021 and will expire on December 31, 2024. 20-861 12/16/2020 And, further, the Board nominated/ reappointed Mr. Al Pace to serve as an alternate, whose term is effective January 1, 2021 and will expire on December 31, 2024. And, further, the Board reassigned Mr. Scott Zaremba to serve as an alternate and Mr. Clay Bowles to serve as a board member. Mr. Zaremba's term is effective immediately and will expire on December 31, 2023. Mr. Bowles' term is effective January 1, 2021 and will expire on December 31, 2024. Ayes: Haley, Carroll, Ingle, Winslow and Holland. Nays: None. 13.A.2. BOARD OF BUILDING AND FIRE CODE APPEALS On motion of Mr. Holland, seconded by Mr. Ingle, the Board simultaneously nominated/appointed Mr. Matthew Coyner to replace Mr. Jim Ingle as a member of the Board of Building and Fire Code Appeals, whose term is effective December 16, 2020 and will expire November 19, 2021. Ayes: Haley, Carroll, Ingle, Winslow and Holland. Nays: None. 13.A.3. CAMP BAKER MANAGEMENT BOARD On motion of Mr. Holland, seconded by Mr. Winslow, the Board simultaneously nominated/ appointed Ms. Elizabeth Hart to serve as an at -large representative on the Camp Baker Management Board, whose term is effective December 16, 2020 and will expire April 30, 2021. Ayes: Haley, Carroll, Ingle, Winslow and Holland. Nays: None. 13.A.4. AGRIBUSINESS PROMOTION AND DEVELOPMENT COMMITTEE On motion of Mr. Holland, seconded by Mr. Carroll, the Board simultaneously nominated/ appointed Mr. Mark Landa (Bermuda District representative), Ms. Tracey Lockett (Clover Hill District representative), Mr. Howard Nester (Dale District representative), Mr. Matt Ray (Midlothian District representative), and Mr. Andrew Thomas (Matoaca District representative) to serve as members of the Agribusiness Promotion and Development Committee, whose terms are effective January 1, 2021 and will expire December 31, 2022. Ayes: Haley, Carroll, Ingle, Winslow and Holland. Nays: None. 13.A.5. CHESTERFIELD COMMUNITY SERVICES BOARD On motion of Mr. Holland, seconded by Mr. Winslow, the Board simultaneously nominated/appointed/reappointed Mr. Vince Burgess (at -large representative), Mr. Ray Gabehart (at -large representative), Mr. Gibbons Sloan (at -large representative), 20-862 12/16/2020 and Mr. Mike Giancaspro (Midlothian District representative) to serve on the Community Services Board, whose terms are effective January 1, 2021 and will expire December 31, 2023. And, further, the Board changed Mr. Nick Pappas from an at - large representative to the Dale District representative for the duration of his term which will expire on December 31, 2022. Ayes: Haley, Carroll, Ingle, Winslow and Holland. Nays: None. 13.B. CONSENT ITEMS 13.B.1. ADOPTION OF RESOLUTIONS 13.B.1.a. RESOLUTION RECOGNIZING MS. DEBORAH A. TAYLOR, DEPARTMENT OF MENTAL HEALTH SUPPORT SERVICES UPON HER RETIREMENT On motion of Mr. Ingle, seconded by Mr. Carroll, the Board adopted the following resolution: WHEREAS, Ms. Deborah A. Taylor will retire from the Chesterfield County Mental Health Support Services Department on January 1, 2021; and WHEREAS, Ms. Taylor began her public service with Chesterfield County on September 4, 2001 as a Medical Records Office Assistant and remained in that role until August 31, 2002; and WHEREAS, Ms. Taylor continued her public service with Chesterfield County on August 31, 2002 when she was promoted by the Accounts Receivable program to a Senior Account Clerk; and WHEREAS, Ms. Taylor provided a high level of customer service when working with county customers and fellow employees, including recording of all payments received by customers and third -party insurance companies; and WHEREAS, Ms. Taylor was a graduate of the Chesterfield County School of Total Quality and Continuous Improvement, completed the requirements and obtained the Quality Generalist Certificate and received training in Nonviolent Crisis Intervention; and WHEREAS, Ms. Taylor embraced and adapted to the many changes in the healthcare industry, including managed care, Medicaid and Medicare as well as a new Electronic Health Record system in 2010, resulting in substantial changes to methods for completing her work; and WHEREAS, Ms. Taylor has been a team player within her department as evidenced by serving on the CSB Customer Service Committee and participating on a Process Action Team that reviewed internal processes for distribution of medications to customers; and 20-863 12/16/2020 WHEREAS, Ms. Taylor's knowledge of front desk and cashiering duties was instrumental in the implementation of the Same Day Access program; and WHEREAS, Ms. Taylor has been the first point of customer contact for billing inquiries both face-to-face and over the phone; and WHEREAS, Ms. Taylor has demonstrated loyalty to Chesterfield County through her dedication and conscientious j service and will be greatly missed. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes the outstanding contributions of Ms. Deborah A. Taylor, and extends appreciation, on behalf of its members and the citizens of Chesterfield County, for more than 19 years of dedicated service to the county, congratulations upon her retirement, and best wishes for a long, happy and healthy retirement. Ayes: Haley, Carroll, Ingle, Winslow and Holland. Nays: None. 13.B.1.b. RESOLUTION RECOGNIZING CORPORAL PAUL A. JENKINS, POLICE DEPARTMENT, UPON HIS RETIREMENT On motion of Mr. Ingle, seconded by Mr. Carroll, the Board adopted the following resolution: WHEREAS, Corporal Paul A. Jenkins will retire from the Chesterfield County Police Department on January 1, 2021 after providing 26 years of quality service to the residents of Chesterfield County; and WHEREAS, Corporal Jenkins faithfully served the county as a Patrol Officer, Senior Police Officer, Master Police Officer, Career Police Officer and Corporal; and WHEREAS, during his tenure, Corporal Jenkins has also served as a Motor Officer, Certified General Instructor, Motor Operator Instructor, Radar Instructor, Field Training Officer, Rifle Operator, Breathalyzer Operator and as a member of the Special Response Unit and Crash Team; and WHEREAS, Corporal Jenkins maintained certifications to include Federal Motor Carrier Safety Administration Commercial Motor Vehicle Inspector; Crash and Motorcycle Crash Investigation and Reconstruction; Crash Data Retrieval Technician and Analyst; and Radar and Lidar speed measurement instructor; and WHEREAS, Corporal Jenkins has over 20 years of outstanding Police motorcycle experience; and WHEREAS, Corporal Jenkins Was certified to teach motorcycle operations through the Northwestern University/Harley Davidson Police Motorcycle Instructors Programs; and 20-864 12/16/2020 WHEREAS, at one point, Corporal Jenkins was the only officer certified in the police department to instruct motorcycle operations; and WHEREAS, Corporal Jenkins, a highly skilled traffic officer, is one of the best motor officers in the Chesterfield County Police Department and in the metro area as well; and WHEREAS, Corporal Jenkins, an excellent role model, was recognized by his supervisors for serving as a mentor, tutor and informal leader to more junior motorcycle officers; and WHEREAS, Corporal Jenkins is recognized for strong work ethic, his teamwork, and excellent communications and human relations skills, all of which he has utilized within the Police Department and in assisting residents of Chesterfield County during his career; and WHEREAS, Corporal Jenkins has received numerous letters of commendation, thanks and appreciation for services rendered; and WHEREAS, Corporal Jenkins has provided the Chesterfield County Police Department with many years of loyal and dedicated service; and WHEREAS, Chesterfield County and the Board of Supervisors will miss Corporal Jenkins' diligent service. NOW, THEREFORE, BE IT RESOLVED that a copy of this resolution be presented to Corporal Jenkins, and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Ayes: Haley, Carroll, Ingle, Winslow and Holland. Nays: None. 13.H.1.c. RESOLUTION RECOGNIZING MR. MICHAEL H. DANCE, ACCOUNTING DEPARTMENT, UPON HIS RETIREMENT On motion of Mr. Ingle, seconded by Mr. Carroll, the Board adopted the following resolution: WHEREAS, Mr. Michael H. Dance will retire on November 30, 2020, after providing more than 20 years of dedicated and faithful service to Chesterfield County; and WHEREAS, Mr. Dance began his career in public service with Chesterfield as an Assistant Director of Accounting in 1999, serving in that capacity for more than 20 years; and WHEREAS, Mr. Dance provided oversight and leadership for accounts payable, financial systems, payroll and administration while ensuring proper internal controls were in place to safeguard county assets; and WHEREAS, Mr. Dance led Accounting's biannual performance planning that resulted in significant business process improvements and initiatives over the years and he utilized 20-865 12/16/2020 this plan as the foundation in building and maintaining Accounting's operating budget; and WHEREAS, Mr. Dance led many projects to improve accounts payable processing including purchasing cards, automated clearing house payments, invoice imaging, e -Payables and Vendor Payments (checkbook) online; and WHEREAS, Mr. Dance managed many projects to improve payroll processing including time and attendance, direct deposits, employee online, and electronic W-2 delivery; and WHEREAS, Mr. Dance led many projects to improve Accounting staff's workplace satisfaction including employee recognition initiatives, the execution of compensation studies and the implementation of career development plans; and WHEREAS, Mr. Dance served as Accounting's representative on emergency operations teams and was exceptionally knowledgeable regarding Federal Emergency Management Agency compliance rules and regulations; and WHEREAS, Mr. Dance participated in the Emerging Senior Leaders Program; and WHEREAS, Mr. Dance, as a member Of the core team that evaluated and selected a vendor, contributed to the success of the InFocus system implementation, one of the county's largest technology undertakings, that replaced multiple stand-alone financial systems into an integrated system that provided many benefits to the county and schools organizations; and WHEREAS, Mr. Dance directed staff as they worked diligently to maintain the department's goal of providing excellent quality services through routine operations while substantial Accounting staff resources were devoted to implementing the InFocus system; and WHEREAS, Mr. Dance led or participated on numerous teams and committees that focused on major county initiatives including the 2013 bond and meals tax referenda, the B1uePrint Refresh project, the opioid cost compilation project, the payment card industry (PCI) standards committee, the InFocus steering committee, the Paid Time Off (PTO) initiative, and the School of Leadership and Personal Effectiveness; and WHEREAS, not only is Mr. Dance's dedication and commitment to quality known to his colleagues who have enjoyed working with him during the past 20 years, his caring nature is known and appreciated by them as well; and WHEREAS, Mr. Dance will be sorely missed for his professional contributions, his dedicated service, his leadership, and his commitment to providing the highest level of service to those served by the Accounting Department. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes Mr. Michael H. Dance for his 21 years of distinguished service to Chesterfield 20-866 12/16/2020 County and extends sincere best wishes for a long, healthy and happy retirement. Ayes: Haley, Carroll, Ingle, Winslow and Holland. Nays: None. 13.B.1.d. RESOLUTION SUPPORTING CONSTRUCTION OF THE WYLDEROSE APARTMENTS AT WYLDEROSE AVENUE, USING LOW INCOME HOUSING TAX CREDITS ISSUED BY THE VIRGINIA HOUSING DEVELOPMENT AUTHORITY UNDER THEIR REVITALIZATION AREA DESIGNATION On motion of Mr. Ingle, seconded by Mr. Carroll, the Board adopted the following resolution: A RESOLUTION CONCERNING THE WYLDEROSE APARTMENT PROJECT WHEREAS, PURSUANT TO Section 36-55.30:2.A of the Code of Virginia of 1950, as amended, the Board of Supervisors of the County of Chesterfield, Virginia, desires to designate the area described on Exhibit A attached hereto as a revitalization area: NOW, THEREFORE, BE IT HEREBY DETERMINED as follows: The above -referenced development is located on an area in need of revitalization in the County of Chesterfield, Virginia. The revitalization area is blighted, deteriorated, deteriorating or, if not rehabilitated, likely to deteriorate by reason that the buildings, improvements or other facilities in such area are subject to one or more of the following conditions: dilapidation; obsolescence; overcrowding; inadequate ventilation, light or sanitation; excessive land coverage; deleterious land use; or faulty or inadequate design, quality or condition; and private enterprise and investment are not reasonably expected, without assistance, to produce the construction or rehabilitation of decent, safe and sanitary housing and supporting facilities that will meet the needs of low and moderate income persons and families in such area and will induce other persons and families to live within such area and thereby create a desirable economic mix of residents in such area. NOW, THEREFORE, BE IT HEREBY RESOLVED that pursuant to Section 36-55.30:2.A of the Code of Virginia of 1950, as amended, the area is hereby designated as a revitalization area. Adopted by the Board of Supervisors of the County of Chesterfield, Virginia, on the 16th day of December, 2020. (It is noted a copy of Exhibit A is filed with the papers of this Board.) Ayes: Haley, Carroll, Ingle, Winslow and Holland. Nays: None. 20-867 12/16/2020 13.B.1.e. RESOLUTION TO ESTABLISH AN EMERGENCY MEDICAL SERVICES TREAT/NO TRANSPORT REIMBURSEMENT FEE IN ACCORDANCE WITH CHAPTER 10, SECTION 10-10 OF THE CHESTERFIELD COUNTY CODE OF ORDINANCES On motion of Mr. Ingle, seconded by Mr. Carroll, the Board adopted the following resolution: In accordance with Chapter 10, Section 10-10 of the County Code, the Board hereby authorizes Chesterfield Fire and Emergency Medical Services to charge a "treat/no transport" fee equivalent to one-half of the ALS E 0427 fee rate as published by the Fire & EMS Department. Ayes: Haley, Carroll, Ingle, Winslow and Holland. Nays: None. 13.B.1.f. RESOLUTION TO DISSOLVE THE WATKINS CENTRE COMMUNITY DEVELOPMENT AUTHORITY On motion of Mr. Ingle, seconded by Mr. Carroll, the Board adopted the following resolution: RESOLUTION CONCURRING IN THE DECLARATIONS AND FINDINGS OF THE WATKINS CENTRE COMMUNITY DEVELOPMENT AUTHORITY AND AUTHORIZING THE DISSOLUTION OF SUCH AUTHORITY AND THE EXECUTION OF DOCUMENTS IN CONNECTION THEREWITH WHEREAS, the Board of Supervisors (the "Board of Supervisors") of Chesterfield County, Virginia (the "County") received a petition dated July 19, 2006 (as amended by an amendment thereto dated February 12, 2007, the "Petition") from certain landowners for the creation of the Watkins Centre Community Development Authority (the "CDA"); WHEREAS, in accordance with the provisions of the Virginia Water and Waste Authorities Act, the Board of Supervisors adopted an Ordinance on August 23, 2006, as amended by an Ordinance adopted on March 14, 2007, establishing the CDA for the purpose of financing certain public improvements described the Petition; WHEREAS, the CDA's Amended and Restated Articles of Incorporation were approved and an amended certificate of incorporation was issued by the Virginia State Corporation Commission on November 1, 2007; WHEREAS, the Board of Supervisors has received a certified copy of a Resolution of the CDA adopted on December 3, 2020 making certain findings and determinations and requesting the Board of Supervisors to dissolve the CDA in accordance with Section 15.2-5109 of the Code of Virginia of 1950, as amended (the "Code"); NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF CHESTERFIELD COUNTY, VIRGINIA: 20-868 12/16/2020 1. Authorization of CDA Dissolution. The Board of Supervisors hereby concurs with the findings and declarations contained in the CIA's Resolution that (i) the purposes for which the CDA was created have been completed, (ii) all of the CDA's obligations have been paid or funds have been reserved and are available to make any such payments and (iii) the CDA should be dissolved in accordance with Section 15.2-5109 of the Code. The Chairman and Vice Chairman of the Board of Supervisors and the County Administrator, any of whom may act, are hereby authorized to execute, deliver and file any and all such documents, including, without limitation, Articles of Dissolution and Articles of Termination, as they deem necessary or desirable in order to effect the dissolution of the CDA and the termination of its existence. 2. Effective Date. This resolution shall take effect immediately. (It is noted a copy of the Resolution of the CDA adopted on December 3, 2020 is filed with the papers of this Board.) Ayes: Haley, Carroll, Ingle, Winslow and Holland. Nays: None. 13.8.2. REAL PROPERTY REQUESTS 13.B.2.a. ACCEPTANCE OF PARCELS OF LAND 13.B.2.a.1. ACCEPTANCE OF A PARCEL OF LAND ADJACENT TO OLD STAGE ROAD FROM TALLEY PROPERTIES OLD STAGE ROAD, LLC (W On motion of Mr. Ingle, seconded by Mr. Carroll, the Board accepted the conveyance of a parcel of land containing 0.186 acres adjacent to Old Stage Road from Talley Properties Old Stage Road, LLC and authorized the County Administrator to execute the deed. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Haley, Carroll, Ingle, Winslow and Holland. Nays: None. 13.B.2.a.2. DESIGNATION OF A PARCEL OF LAND FOR THE EXTENSION OF GROVE HILL ROAD FOR THE COALFIELD STATION PHASE 1 PROJECT On motion of Mr. Ingle, seconded by Mr. Carroll, the Board designated a parcel of land containing 0.043 acres as a public right of way across county property known as Midlothian Middle School for the extension of Grove Hill Road for the Coalfield Station Phase 1 project. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Haley, Carroll, Ingle, Winslow and Holland. Nays: None. 20-869 12/16/2020 13.B.2.b. REQUESTS TO QUITCLAIM 13.B.2.b.1. REQUEST TO QUITCLAIM A VARIABLE WIDTH DRAINAGE EASEMENT AND MAINTENANCE CONTRACT ACROSS THE PROPERTY OF TALLEY PROPERTIES OLD STAGE ROAD, LLC On motion of Mr. Ingle, seconded by Mr. Carroll, the Board authorized the Chair of the Board of Supervisors and the County Administrator to execute a quitclaim deed to vacate a Variable Width Drainage Easement and Maintenance Contract across the property of Talley Properties Old Stage Road, LLC. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Haley, Carroll, Ingle, Winslow and Holland. Nays: None. 13.B.2.b.2. REQUEST TO QUITCLAIM A VARIABLE WIDTH DRAINAGE EASEMENT (PRIVATE) ACROSS THE PROPERTY OF 900 POCONO, LLC On motion of Mr. Ingle, seconded by Mr. Carroll, the Board authorized the Chair of the Board of Supervisors and the County Administrator to execute a quitclaim deed to vacate a Variable Width Drainage Easement (Private) across the property of 900 Pocono, LLC. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Haley, Carroll, Ingle, Winslow and Holland. Nays: None. 13.8.3. ACCEPTANCE OF FY2021 BUREAU OF JUSTICE ASSISTANCE (BJA) REDUCING INJURY AND DEATH OF MISSING INDIVIDUALS WITH DEMENTIA AND DEVELOPMENTAL DISABILITIES PROGRAM GRANT AWARD On motion of Mr. Ingle, seconded by Mr. Carroll, the Board accepted and appropriated FY2021 Reducing Injury and Death of Missing Individuals grant award, in the amount of $88,775, from the Bureau of Justice Assistance for the enhancement of the current Chesterfield County Police Department's Project Lifesaver program. Ayes: Haley, Carroll, Ingle, Winslow and Holland. Nays: None. 13.8.4. ACCEPTANCE AND APPROPRIATION OF CARES FUNDING FOR THE DEPARTMENT OF UTILITIES On motion of Mr. Ingle, seconded by Mr. Carroll, the Board confirmed the County Administrator's acceptance of Coronavirus Aid, Relief, and Economic Security (CARES) Act funds and \ appropriated $1,311,102.72 to the Department of Utilities to assist customers with accounts over thirty days in arrears who are experiencing economic hardships due to the COVID-19 pandemic. Ayes: Haley, Carroll, Ingle, Winslow and Holland. Nays: None. 20-870 12/16/2020 13.B.5. PROPOSED FY2021 UTILITIES OPERATING BUDGET AMENDMENTS FOR WATER AND WASTEWATER TREATMENT PLANTS AND PROPOSAL OF NEW POSITIONS On motion of Mr. Ingle, seconded by Mr. Carroll, the Board (1) appropriated $5.15 million from Utilities Unrestricted Net Position for repairs and associated operating expenses related to water and wastewater facility damages and (2) approved the creation of four new positions. Ayes: Haley, Carroll, Ingle, Winslow and Holland. Nays: None. 13.B.6. RESTRUCTURE OF THE AGRICULTURE AND FORESTRY rnI TTTRR On motion of Mr. Ingle, seconded by Mr. Carroll, the Board changed the name of the Agricultural and Forestry Committee to the Agribusiness Promotion and Development Committee and approved the restructure of the committee as follows: one representative from each magisterial district for a total of five members, and ex officio members and non-voting advisors from Virginia Cooperative Extension, Virginia State University, James River Soil and Water Conservation District, Pocahontas State Park, and Chesterfield County Departments of Planning, Environmental Engineering, and Economic Development. Ayes: Haley, Carroll, Ingle, Winslow and Holland. Nays: None. aw 13.8.7. APPROVAL OF AMENDED MOU WITH DOMINION RELATING TO TRANSPORTATION PLAN IN THE VICINITY OF THE CHESTERFIELD POWER STATION On motion of Mr. Ingle, seconded by Mr. Carroll, the Board approved the Amended and Restated Memorandum of Understanding Between Dominion Energy Virginia and the County of Chesterfield, Virginia, for Preserving Access to Certain County Recreational Facilities. Ayes: Haley, Carroll, Ingle, Winslow and Holland. Nays: None. 13.B.8. UPDATE OF COUNTY FINANCIAL POLICIES On motion of Mr. Ingle, seconded by Mr. Carroll, the Board approved the creation of Budget and Management policies pertaining to the Public Safety Compensation Reserve and the Airport Enterprise Fund. Ayes: Haley, Carroll, Ingle, Winslow and Holland. Nays: None. 20-871 12/16/2020 13.8.9. APPROVAL OF AN AMENDMENT TO GRANT AGREEMENT WITH SHAMIN HOTELS, INC. On motion of Mr. Ingle, seconded by Mr. Carroll, the Board (1) approved an Amendment to Grant Agreement with Shamin Hotels, Inc. extending the performance date from July 31, 2024, to July 31, 2026, and (2) authorized the County Administrator to make an additional reasonable extension to the performance date. Ayes: Haley, Carroll, Ingle, Winslow and Holland. Nays: None. 13.B.10. SET PUBLIC HEARING TO CONSIDER AMENDMENT TO COUNTY CODE 9-51 REGARDING PENALTY FOR FAILING TO FILE A TAX RETURN FOR CERTAIN PERSONAL PROPERTY On motion of Mr. Ingle, seconded by Mr. Carroll, the Board set the date of January 27, 2021, for a public hearing to consider an amendment to County Code Section 9-51 eliminating the penalty for failing to file a personal property tax return for boats, trailers, or aircraft by March 1. Ayes: Haley, Carroll, Ingle, Winslow and Holland. Nays: None. 13.8.11. AMENDMENT TO THE FY2019-2020 COMMUNITY DEVELOPMENT BLOCK GRANT AND HOME INVESTMENT PARTNERSHIPS GRANT ANNUAL ACTION PLAN TO INCORPORATE CDBG-CV FUNDING/APPROPRIATION OF FUNDS On motion of Mr. Ingle, seconded by Mr. Carroll, the Board adopted the FY2019-2020 Community Development Block Grant and HOME Investment Partnerships Grant Annual Action Plan with changes as approved, and amended the appropriations to include the Community Development Block Grant -Coronavirus (CDBG-CV) funding of $1,216,799. Ayes: Haley, Carroll, Ingle, Winslow and Holland. Nays: None. 13.8.12. ACCEPTANCE OF STATE ROADS On motion of Mr. Ingle, seconded by Mr. Carroll, the Board adopted the following resolution: WHEREAS, the streets described below are shown on a plat recorded in the Clerk's Office of the Circuit Court of Chesterfield County; and WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised this Board the streets meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation. 20-872 12/16/2020 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 Sections 33.2-705 and 33.2-334, 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: Stonebridge Gardens West at Ironbridge Reason for Change: New Subdivision Street Pursuant to Code of Virginia Statute: 533.2-705, 33.2-334 Street Name and/or Route Number • West Stonepath Garden Drive, State Route Number 8237 From: Avaclaire Drive, (Route 8239) To: The cul-de-sac, a distance of: 0.05 miles Recordation Reference: Plat Book 246, Page 57 Right of Way width (feet) = 47 • West Stonepath Garden Drive, State Route Number 8237 From: South Chalkley Road, (Route 632) To: Rubystone Drive, (Route 8238), distance of: 0.04 miles Recordation Reference: Plat Book 246, Page 57 Right of Way width (feet) = 47 • West Stonepath Garden Drive, State Route Number 8237 From: Rubystone Drive, (Route 8238) To: Avaclaire Drive, (Route 8239), a distance of: 0.06 miles. Recordation Reference: Plat Book 246, Page 57 Right of Way width (feet) = 47 • Rubystone Drive, State Route Number 8238 From: West Stonepath Garden Drive, (Route 8237) To: Avaclaire Drive, (Route 8239), a distance of: 0.04 miles Recordation Reference: Plat Book 246, Page 57 Right of Way width (feet) = 47 • Rubystone Drive, State Route Number 8238 From: Avaclaire Drive, (Route 8239) To: Branders Creek Drive, (Route 5909), distance of: 0.06 miles Recordation Reference: Plat Book 246, Page 57 Right of Way width (feet) = 47 • Avaclaire Drive, State Route Number 8239 From: West Stonepath Garden Drive, (Route 8237) To: Rubystone Drive, (Route 6238), a distance of: 0.07 miles Recordation Reference: Plat Book 246, Page 57 Right of Way width (feet) = 54 And, further, the Board adopted the following resolution 20-873 12/16/2020 WHEREAS, the streets described below are shown on a plat recorded in the Clerk's Office of the Circuit Court of Chesterfield County; and WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised this Board the streets meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation. NOW, THEREFORE, BE IT RESOLVED, that this Board requests the Virginia Department of Transportation to add the streets described below to the secondary system of state highways, pursuant to Sections 33.2-705 and 33.2-334, 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: Sundial Farms at the Highlands Section 5 Type Change to the Secondary System miles of State Highways: Addition Reason for Change: New Subdivision Street Pursuant to Code of Virginia Statute: 533.2-705, 33.2-334 Street Name and/or Route Number Amara Drive, State Route Number 8154 From: 0.02 miles north of Fedora Drive, (Route 7911) To: Galatea Place, (Route 8250), a distance of 0.07 miles Recordation Reference: Plat Book 270, Page 94 Right of Way width (feet) = 50 • Amara Drive, State Route Number 8154 From: Galatea Place, (Route 8250) To: The temporary turnaround easement, a distance of 0.05 miles Recordation Reference: Plat Book 270, Page 94 Right of Way width (feet) = 50 • Galatea Place, State Route Number 8250 From: Amara Drive, (Route 8154) To: The cul-de-sac, a distance of 0.31 miles Recordation Reference: Plat Book 270, Page 94 Right of Way width (feet) = 50 Fedora Drive, State Route Number 7911 From: 0.02 miles east of Amara Drive, (Route 8154) To: The cul-de-sac, a distance of 0.30 miles Recordation Reference: Plat Book 270, Page 94 Right of Way width (feet) = 50 • Amara Drive, State Route Number 8154 From: 0.15 miles south of Aldera Lane, (Route 7732) To: The cul-de-sac, a distance of 0.15 miles. Recordation Reference: Plat Book 270, Page 94 Right of Way width (feet) = 50 20-874 12/16/2020 And, further, the Board adopted the following resolution: WHEREAS, the streets described below are shown on a plat recorded in the Clerk's Office of the Circuit Court of Chesterfield County; and WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised this Board the streets meet the requirements established by the Subdivision Street V 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 Sections 33.2-705 and 33.2-334, 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. Proiect/Subdivision: Lake Margaret Section 1 Reason for Change: New Subdivision Street Pursuant to Code of Virginia Statute: §33.2-705, 33.2-334 Street Name and/or Route Number Lake Margaret Drive, State Route Number 8251 From: Woodpecker Road, (Route 626) To: Clancy Court, (Route 8252), a distance of 0.10 miles Recordation Reference: Plat Book 238, Page 16 Right of Way width (feet) - 85 • Lake Margaret Drive, State Route Number 8251 From: Clancy Court, (Route 8252) To: Lake Margaret Terrace, (Route 8254), a distance of 0.15 miles Recordation Reference: Plat Book 238, Page 18 Right of Way width (feet) = 50 • Lake Margaret Drive, State Route Number 8251 From: Lake Margaret Terrace, (Route 8254) To: The end of maintenance, a distance of 0.01 miles Recordation Reference: Plat Book 238, Page 18 Right of Way width (feet) = 50 20-875 12/16/2020 Clancy Court, State Route Number 8252 From: Lake Margaret Drive, (Route 8251) To: The cul-de-sac, a distance of 0.12 miles Recordation Reference: Plat Right of Way width (feet) = Book 238, Page 18 50 • Clancy Place, State Route Number 8253 From: Lake Margaret Drive, (Route 8251) To: The cul-de-sac, a distance of 0.12 miles Recordation Reference: Plat Book 238, Page 18 Right of Way width (feet) = 50 20-875 12/16/2020 • Lake Margaret Terrace, State Route Number 8254 From: Lake Margaret Drive, (Route 8251) Highways: To: The cul-de-sac, a distance of 0.28 miles Recordation Reference: Plat Book 238, Page 18 Right of Way width (feet) = 50 33.2-334 • Lake Margaret Place, State Route Number 8255 From: Lake Margaret Drive, (Route 8251) To: The cul-de-sac, a distance of 0.14 miles Recordation Reference: Plat Book 238, Page 18 1 Right of Way width (feet) = 50 J And, further, the Board adopted the following resolution: WHEREAS, the streets described below are shown on a plat recorded in the Clerk's Office of the Circuit Court of Chesterfield County; and WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised this Board the streets meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation. NOW, THEREFORE, BE IT RESOLVED, that this Board requests miles the Virginia Department of Transportation to add the streets described below to the secondary system of state highways, pursuant to Sections 33.2-705 and 33.2-334, 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: Lake Margaret Section 4 Type Change to the Secondary System miles of State Highways: Addition Reason for Change: New Subdivision Street Pursuant to Code of Virginia Statute: §33.2-705, 33.2-334 Street Name and/or Route Number Killycrom Drive, State Route Number 8256 From: Woodpecker Road, (Route 626) To: McKibben Drive, (Route 8257), a distance of: 0.10 miles Recordation Reference: Plat Book 259, Page 88 Right of Way width (feet) = 85 • Killycrom Drive, State Route Number 8256 From: McKibben Drive, (Route 8257) To: The cul-de-sac, a distance of: 0.37 miles Recordation Reference: Plat Book 259, Page 88 Right of Way width (feet) = 50 • McKibben Drive, State Route Number 8257 From: Killycrom Drive, (Route 8256) To: The end of maintenance, a distance of: 0.04 miles Recordation Reference: Plat Book 259, Page 88 Right of Way width (feet) = 50 20-876 12/16/2020 • McKibben Drive, State Route Number 8257 From: Killycrom Drive, (Route 8256) To: McKibben Court, (Route 8258), a distance of: 0.19 miles Recordation Reference: Plat Book 259, Page 88 Right of Way width (feet) = 50 McKibben Drive, State Route Number 8257 From: McKibben Court, (Route 8258) To: The cul-de-sac, a distance of: 0.06 miles ((f Recordation Reference: Plat Book 259, Page 88 W Right of Way width (feet) = 50 • McKibben Court, State Route Number 8258 From: McKibben Drive, (Route 8257) To: The cul-de-sac, a distance of: 0.05 miles Recordation Reference: Plat Book 259, Page 88 Right of Way width (feet) = 50 Ayes: Haley, Carroll, Ingle, Winslow and Holland. Nays: None. 13.B.13. APPROPRIATE SCHOOLS FEDERAL INDIVIDUALS WITH DISABILITIES EDUCATION ACT (IDEA) GRANT On motion of Mr. Ingle, seconded by Mr. Carroll, the Board appropriated Schools Federal Individuals with Disabilities Education Act (IDEA) grant in the amount of $424,193. Ayes: Haley, Carroll, Ingle, Winslow and Holland. Nays: None. 13.B.14. AWARD OF CONTRACT 13.8.14.a. FOR COUNTY PROJECT #15-0158, METER INSTALLATION SERVICES FOR THE ADVANCED METERING INFRASTRUCTURE PROJECT On motion of Mr. Ingle, seconded by Mr. Carroll, the Board authorized the Director of Procurement to award the meter installation services for the advanced metering infrastructure project to Utility Partners of America, LLC, in the amount of $7.7 million and execute all necessary change orders up to the full amount budgeted for the advanced metering infrastructure project. Ayes: Haley, Carroll, Ingle, Winslow and Holland. Nays: None. 13.B.14.b. FOR HUGUENOT PUMP STATION WATER TRANSMISSION MAIN PROJECT On motion of Mr. Ingle, seconded by Mr. Carroll, the Board authorized the Director of Procurement to award the construction contract to C.A. Murren and Sons Company, Inc., in the amount of $10,026,417 and execute all necessary change orders up to the full amount budgeted for the Huguenot Pump Station Water Transmission Main project. Ayes: Haley, Carroll, Ingle, Winslow and Holland. Nays: None. 20-877 12/16/2020 14. FIFTEEN -MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED MATTERS There were no requests to address the Board at this time. 15. DEFERRED ITEMS 15.A. CODE AMENDMENT RELATIVE TO ROUTE 1 RESIDENTIAL OVERLAY AND NORTHERN JEFFERSON DAVIS HIGHWAY DESIGN DISTRICT DEVELOPMENT STANDARDS (20PJ0119) Mr. Ray Cash, Zoning Administrator, stated this item was deferred at the November 18, 2020, meeting. He noted staff met with citizens on December 4, 2020, to discuss the proposed amendments, answer questions, and address impacts. On motion of Mr. Ingle, seconded by Mr. Winslow, the Board adopted the following ordinance: AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING AND REENACTING SECTIONS 19.1-53, 19.1-378 & 19.1-379 OF THE ZONING ORDINANCE RELATIVE TO ROUTE 1 RESIDENTIAL OVERLAY AND NORTHERN JEFFERSON DAVIS HIGHWAY DESIGN DISTRICT DEVELOPMENT STANDARDS BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Sections 19.1-53, 19.1-378 & 19.1-379 of the Code of the County of Chesterfield, 1997, as amended, are amended and re-enacted, to read as follows: Chapter 19.1 ZONING Those uses listed as "R" or `RS" in Table 19.1-52.A. shall be permitted in the respective zoning districts provided that the restrictions as outlined below we met. If the restrictions cannot be met, the use may be allowed in the respective zoning district through either a Conditional Use or Special Exception. 000 Dwelling, multifamily 000 2. C-3, C-5 Districts: a. Project fronts Jefferson Davis Highway north of Osborne Road and property is recommended for Neighborhood Business, Community Business, Suburban Residential ll, Residential Mixed Use or Community Mixed Use in the Comprehensive Plan; b. Except as provided herein, use is located within 500 feet of Jefferson Davis Highway, this would not preclude accessory parking or buildings from extending 20-878 12/16/2020 20-879 12/16/2020 beyond the 500 feet. Within a development the director of planning may approve units to be up to 800 feet from Jefferson Davis Highway where: i. no more than 50 percent of the development's multifamily dwellings are located beyond 500 feet from Jefferson Davis Highway; ii. the project has a building containing a permitted principal use within 50 feet of, and directly fronting, Jefferson Davis Highway; and iii. the impact of such project extension on adjacent residentially zoned property is mitigated through increased buffer, walls or other site or building design improvements as approved at time of plan review; c. Project has a minimum of 100 feet of contiguous frontage along Jefferson Davis Highway; d. Project size is no less than 3 acres and no more than 10 acres, provided that projects of 1.5 acres shall be permitted if located at the intersection of a local road with Jefferson Davis Highway; e. Minimum density is 15 dwelling units per acre; f. In addition to buffers required by Table. I 9.1-263.A. Lb., where use is located adjacent to an occupied C or I property outside of project, a buffer shall be provided between use and the adjacent property as required between the applicable C or I district and a R -MF zoning district; g. Project meets Northern Jefferson Davis Highway Design District (NJDHDD) standards as identified in Sec. 19.1-379 except as otherwise stated within this subsection; h. For projects containing less than 6 acres, buildings shall be a minimum of stories and a maximum of 4 stories. For projects 6 acres or more, buildings shall be a minimum of 3 stories and a maximum of 6 stories. In no case shall the height of a building exceed 3 stories or 40 feet within 100 feet of MH or R districts; i. The greater of 50 square feet per residential unit or 10 percent of total project area shall be provided as hardscaped or landscaped common area. Up to 50 percent of required common area may include rooftop garden space where such space is commonly accessible to, and provides elements designed to facilitate social and ` activity space for, residents; j. At least 50 percent of residential units located above ground floor shall have a usable balcony consisting of a minimum area of 5 feet by 8 feet. Through the utilization of up to two of the below, the percentage of balconies required may be reduced to no less than 30 percent of residential units located above ground floor as provided below: i. 10 percent reduction for the inclusion of commonly shared internal space a minimum of 20 square feet per residential unit in development with amenities as deemed appropriate at time of plan review for the social and recreational activity of residents. Such areas may also include space intended to serve the educational and occupational needs of residents but shall be exclusive of any area utilized for leasing, maintenance or overall management of the development; ii. 10 percent reduction where project common area is increased by 10 percent and there is the inclusion of outdoor amenities and facilities. for active or passive recreation as deemed appropriate at time of plan review for residents such as playground, pool, outdoor kitchen with patio, patio with furniture, gazebo, walking trails, fitness stations or similar; or iii. 10 percent reduction for the provision of rooftop common area, inclusive of required common area, a minimum of 20 square feet per residential unit in development for social and recreational activity of the residents; At time of plan review, the director of planning may provide proportional adjustment to the percentages of required balconies where determined that elements proposed in i, ii, and iii above are included in combination at less that the provided standards, but in no case shall such adjustment be reduced to less 20-879 12/16/2020 than 30 percent of residential units located above ground floor having the required balconies. k. Buildings shall be designed to impart harmonious proportions and avoid monotonous facades or large bulky masses. Buildings containing multifamily units shall possess architectural variety while at the same time have an overall cohesive urban character. Design elements shall be included such as, but not limited to, wall offsets, balconies, terraces, articulation of doors and windows, sculptural or textural relief of facades, banding and patterning of masonry, architectural ornamentation, varied rooflines, other appurtenances such as lighting fixtures and plantings that achieve desired design; I. The first floor of a building directly fronting Jefferson Davis Highway shall meet applicable commercial building code requirements so as to provide for flexibility to accommodate either commercial or residential uses. The first floor of a building directly fronting a road shall be on grade with adjacent pedestrian walkway and have a minimum of 12 foot ceilings, or a higher standard if required by commercial building code, where fronting Jefferson Davis Highway. This is not intended to preclude the use of an interior elevated floor design for residential uses to provide privacy; in. In addition to requirements of the NJDHDD, architecture for buildings containing dwellings shall employ masonry at least to top of first floor on all facades visible from a road; n. Commercial uses in the project are limited to those permitted in a C-2 district, excluding automobile accessory store, automobile rental, automobile self service station and automobile self service station, unmanned; o. Views of parking areas shall be minimized from public rights of way and/or single family residential properties via a building, landscaping, architectural walls and/or decorative fencing; and p. Administrative site plan review times shall be in accordance with Sec.19.1-30 with the exception that initial review for such projects shall not be acted upon any sooner than 21 days from the latter of the date of required sign posting or written notification sent. 000 000 (It is noted Subsection C.11. was deleted from Section 19.1- 378.) C. Other Required Conditions. 11. Deck Parking. Deck parking structures shall have permitted residential, commercial or office uses located along the ground floor or be located behind another building located on the lot. (2) That this ordinance shall become effective immediately after adoption. Ayes: Haley, Carroll, Ingle, Winslow and Holland. Nays: None. 20-880 12/16/2020 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 20SN0585 In Clover Hill Magisterial District, Deerhill Properties, LLC requests rezoning from Agricultural (A) to General Industrial (I-2) District and amendment of zoning district map on 5.6 acres fronting 335 feet on the south line of Genito Road, 160 feet west of South Ridge Drive. Density will be controlled by zoning conditions or ordinance standards. The Comprehensive Plan suggests the property is appropriate for Corporate Office/Research & Development/ Light Industrial. Tax IDs 737- 687-1924 and 3752. Ms. Sara Hall stated Planning staff received no comments for Case 20SN0585, and the Planning Commission recommended approval subject to the proffered conditions and attachments in the staff report. Mr. Andy Scherzer, representing the applicant, accepted the conditions. Ms. Haley called for public comment. There being no one to speak to the issue, the public hearing was closed. On motion of Mr. Winslow, seconded by Mr. Holland, the Board approved Case 20SN0585 and accepted the following proffered conditions: 1. Utilities. Public water and wastewater shall be used. (U) 2. Access. There shall be no direct vehicular access from the property to Genito Road. (T) 3. Uses. Permitted uses shall be limited to the following: a. Uses permitted by right or with restrictions in the Light Industrial (I-1) District b. Contractor's office, shop, and storage yard C. Outside storage consistent with the restrictions in the I-2 District. (P) 4. Conceptual Plan. The development of the property shall generally conform to the Conceptual Plan titled Zoning Exhibit Plan, last revised August 6, 2020, with respect to the location of the variable width setback, outside storage areas and main internal circulation path. The location, type and quantity of equipment and cranes is subject to change based on daily operational needs but shall stay within the designated areas for outside storage. (P) 20-881 12/16/2020 5. Lights. Freestanding light fixtures shall not exceed a height of twenty (20) feet measured from the top of curb. (P) 6. Building Size. No newly constructed building shall exceed 30,000 gross square feet in area. (P) 7. Architectural Treatment. In addition to the architectural requirements of the Zoning Ordinance, the following standards shall apply for newly constructed buildings: 1/ a. The building exterior (all sides) of any building within 200 feet of the ultimate right of way of Genito Road shall be constructed of brick, decorative masonry, or stone finish. This shall not preclude decorative accents or trims of alternate materials (i.e. EIFS, precast concrete, etc.) subject to the review and approval of the Planning Department at the time of site plan approval. b. The building exterior of any building located farther than 200 feet of the ultimate right of way of Genito Road shall be constructed of metal with a concrete masonry unit (CMU), brick, or E.F.I.S. finish on the front elevation for a height of eight (8) feet measured from ground elevation (excluding openings for doors, windows or similar features). C. Any building exterior that is deemed to be adequately screened due to, but not limited to, topography, vegetation or similar features shall not be required to be constructed of the above materials provided the architectural treatment of the building otherwise complies with the Zoning Ordinance. (P) 8. Screening. The outside storage area shall be screened from view of Genito Road and the first 300 feet of Tax Parcel 737-687-4811. A phasing plan for screening mechanisms shall be submitted for approval in conjunction with final site plan review. Screening shall be accomplished by the following: a. A variable width setback, ranging from seventy (70) feet to eighty-five (85) feet, along Genito Road. Within this setback, a fifty -foot (50') buffer shall be provided by existing vegetation and additional landscaping in accordance with the Zoning Ordinance requirements for fifty (50) foot buffers. Additional screening shall be accomplished through a berm and either added landscaping or a fence, or a combination thereof. The exact location and design shall be determined in conjunction with final site plan approval. )t b. A durable opaque ten (10) foot fence and/or `+ building/structure shall be used for screening purposes between Tax Parcels 737-687-3752 (the subject property) and 737-687-4811 (the adjacent property). The exact location and design shall be 20-882 12/16/2020 determined in conjunction with final site plan 21SN0503 In Matoaca Magisterial District, Harley and Jayne Rich request conditional use to permit farm animals in an Agricultural (A) District and amendment of zoning district map on 2.9 acres known as 13631 Bundle Road. Density will be controlled by zoning conditions or ordinance standards. The Comprehensive Plan suggests the property is appropriate for Rural Residential/Agricultural use. Tax ID 743-636-8667. Ms. Hall stated Planning staff received no comments for Case 21SN0503, and the Planning Commission recommended approval subject to the conditions and attachments in the staff report. Mr. Tyler Walter stated the applicants could not be present, but the Planning Department received written confirmation that the applicants accept the conditions and believe they are fair under state law. Ms. Haley called for public comment. There being no one to speak to the issue, the public hearing was closed. On motion of Mr. Carroll, seconded by Mr. Ingle, the Board approved Case 21SN0503 subject to the following conditions: 1. Use. This conditional use approval shall be for a farm use (less than three (3) acres) and shall be limited to: a. The keeping of a maximum of two (2) horses. b. The keeping of animals limited to a collective maximum of twelve (12) chickens, fowl, rabbits, or other small domesticated livestock. C. The keeping of cows, sheep, goats, and pigs shall Le not occur. (P) 2. Commercial Activity. No commercial activity, such as the breeding or sale of animals, shall be permitted in conjunction with this use. (P) 20-883 12/16/2020 approval. (P) 9. Site Plan. A new site plan, incorporating both subject properties, shall be submitted within 90 days of any zoning action(s) by the Board of Supervisors. (P) 10. Hours of Operation. Operation shall be confined to the hours between 6:30 am and 9:00 pm, Monday through ` Saturday. No Sunday operation shall be permitted. During non -operational hours, cranes shall be lowered to night position at a maximum of eighty (80) feet. (P) 11. Storage Equipment. A maximum of three (3) active operational outdoor cranes shall be allowed on site. (P) Ayes: Haley, Carroll, Ingle, Winslow and Holland. Nays: None. 21SN0503 In Matoaca Magisterial District, Harley and Jayne Rich request conditional use to permit farm animals in an Agricultural (A) District and amendment of zoning district map on 2.9 acres known as 13631 Bundle Road. Density will be controlled by zoning conditions or ordinance standards. The Comprehensive Plan suggests the property is appropriate for Rural Residential/Agricultural use. Tax ID 743-636-8667. Ms. Hall stated Planning staff received no comments for Case 21SN0503, and the Planning Commission recommended approval subject to the conditions and attachments in the staff report. Mr. Tyler Walter stated the applicants could not be present, but the Planning Department received written confirmation that the applicants accept the conditions and believe they are fair under state law. Ms. Haley called for public comment. There being no one to speak to the issue, the public hearing was closed. On motion of Mr. Carroll, seconded by Mr. Ingle, the Board approved Case 21SN0503 subject to the following conditions: 1. Use. This conditional use approval shall be for a farm use (less than three (3) acres) and shall be limited to: a. The keeping of a maximum of two (2) horses. b. The keeping of animals limited to a collective maximum of twelve (12) chickens, fowl, rabbits, or other small domesticated livestock. C. The keeping of cows, sheep, goats, and pigs shall Le not occur. (P) 2. Commercial Activity. No commercial activity, such as the breeding or sale of animals, shall be permitted in conjunction with this use. (P) 20-883 12/16/2020 3. Animal Waste. All areas associated with the keeping of horses (pastures, stables, shelters, etc.) shall be cleaned and made free of waste on a regular basis. In addition, the property owner shall employ a means of eliminating any odor problems and propagation of insects. (P) Ayes: Haley, Carroll, Ingle, Winslow and Holland. Nays: None. 21SN0515 J In Midlothian Magisterial District, William M. Brishke requests conditional use to permit parking and storage of a recreational vehicle outside the rear yard and amendment of zoning district map in a Residential (R-15) District on 1.2 acres known as 1515 North Bon View Drive. Density will be controlled by zoning conditions or ordinance standards. The Comprehensive Plan suggests the property is appropriate for Suburban Residential II use (2.0 to 4.0 dwellings per acre). Tax ID 760-714-3935. Ms. Hall stated Planning staff received no comments for Case 21SN0515, and the Planning Commission recommended approval subject to the conditions and attachments in the staff report. Mr. William Brishke accepted the conditions. Ms. Haley called for public comment. There being no one to speak to the issue, the public hearing was closed. On motion of Ms. Haley, seconded by Mr. Carroll, the Board approved Case 21SN0515 subject to the following conditions: 1. Non -Transferable Ownership. This Conditional Use approval shall be granted exclusively to Jill A. and William M. Brishke and shall not be transferable nor run with the land. (P) 2. Use. This Conditional Use approval shall be for the parking of one (1) recreational vehicle (travel trailer) no greater than forty-three (43) feet in length. (P) 3. Location of Recreational Vehicle. The recreational vehicle shall be parked within the front yard, as depicted in Exhibit A, and shall meet the following setbacks: ten (10) feet from the rear property line and five (5) feet from the side property line. (P) 4. Screening. Evergreen plantings shall be planted along both sides of the existing driveway where the recreational vehicle will be stored, as depicted in Exhibit A (Attachment 2). The planting height shall be at least five (5) feet in height at the time of planting and shall reach a minimum height of 10 feet at maturity. A landscaping plan providing the exact species and number of trees or shrubs, as well as a planting schedule shall be approved 20-884 12/16/2020 by the Planning Department within sixty (60) days of approval of this request. (P) Ayes: Haley, Carroll, Ingle, Winslow and Holland. Nays: None. 20SN0552 In Midlothian Magisterial District, Ashley M. McGarry and Aaron R. Litt request conditional use to permit a farm (keeping of two miniature horses and eighteen chickens) and amendment of zoning district map in a Residential (R-15) District on 4.1 acres known as 1504 Black Heath Road. Density will be controlled by zoning conditions or ordinance standards. The Comprehensive Plan suggests the property is appropriate for Suburban Residential II use (2.0 to 4.0 dwelling units per acre or less). Tax ID 736-711-1952. Mr. Tyler Walter provided a summary of Case 20SN0552 and stated the Planning Commission and staff recommended approval subject to the conditions. He further stated staff received one concern relative to the view and potential smells. Mr. Aaron Litt accepted the conditions In response to Mr. Ingle's question relative to the location of the concerned homeowner, Mr. Litt stated he believes the concerned homeowner is behind his property which is where he is leaving a 75 -foot buffer. He further stated the chickens would be located even farther than 75 feet away from the concerned homeowner. He discussed the methods he uses to (61 control odors. Discussion ensued relative to the amount of noise generated by 18 chickens. Ms. Haley called for public comment. There being no one to speak to the issue, the public hearing was closed. On motion of Ms. Haley, seconded by Mr. Holland, the Board approved Case 20SN0552 subject to the following conditions: 1. Use. This conditional use approval shall be for a farm use, which shall be limited to the keeping of a maximum of two (2) miniature horses and eighteen (18) chickens. (P) 2. Ownership. This Conditional Use approval shall be granted 4. Conceptual Plan. The proposed site layout, depicting tree preservation areas shall generally conform to the layout as shown on Exhibit A. (P) 20-885 12/16/2020 exclusively to Ashley M. McGarry and Aaron R. Litt and shall not be transferable nor run with the land. (P) 3. Time Limitation. The Conditional Use shall be granted for a period of five (5) years from the date of approval. (P) 4. Conceptual Plan. The proposed site layout, depicting tree preservation areas shall generally conform to the layout as shown on Exhibit A. (P) 20-885 12/16/2020 5. Tree Preservation Areas. Tree preservation areas shall be maintained with existing trees and shrubs. Fencing, grazing areas, structures, and animals shall be prohibited from the following tree preservation areas: a. A seventy-five (75) foot tree preservation area shall be maintained along the western perimeter (rear yard) of the Property. b. A twenty-five (25) foot tree preservation area shall be maintained along the northern and southern perimeters (side yard) of the Property. (P) 6. Commercial Activity. No commercial activity, such as the breeding or sale of animals, shall be permitted in conjunction with this use. (P) 7. Animal Waste. All areas associated with the keeping of horses and chickens shall be cleaned and made free of waste on a regular basis. Waste shall be disposed of in an appropriate disposal container that is periodically removed from the site. In addition, the property owner shall employ a means of eliminating any odor problems and propagation of insects. (P) 8. KeeDin4 of Chickens a. Keeping of roosters shall be prohibited. b. Slaughtering of chickens does not occur on-site. C. Building and attached outside run areas are located in the rear yard. (P) 9. Fencing. A fence shall be constructed to contain miniature horses and chickens within the rear yard of the property. No animals shall be permitted to graze outside of the fenced areas. (P) 10. Maintenance of Grazing Area. Operation of tractors, combines, or other internal combustion -powered equipment shall be limited to the hours of 7:00 a.m. to 9:00 p.m. daily. (P) Ayes: Haley, Carroll, Ingle, Winslow and Holland. Nays: None. Incunsa7 In Bermuda Magisterial District, Michael W. Atkinson requests conditional use to permit a business from the home (flooring contractor) and amendment of zoning district map in Residential (R-15), Residential (R-7), and Agricultural (A) Districts on 2.7 acres known as 12665, 12673, and 12681 Petersburg Street. Density will be controlled by zoning conditions or ordinance standards. The Comprehensive Plan suggests the property is appropriate for Residential use (2.5 dwellings per acre or less). Tax IDs 794-652-7631 and 8320; and 795-652-0231. Mr. Harold Ellis presented a summary of Case 20SN0587 and stated the Planning Commission and staff recommended denial. He further stated staff has received concerns relative to traffic and general business operations. 20-886 12/16/2020 In response to Ms. Haley's question relative to community meetings held on the case, Mr. Ellis stated the community meeting was cancelled at the applicant's request and was not rescheduled. Mr. Michael Atkinson stated he requested the community meeting be cancelled because it fell on his daughter's birthday. He further stated he later agreed to hold the community meeting anyway, but it had already been cancelled. He stated he was / told it could not be rescheduled due to time constraints. He \_r' discussed his business operation and the reason he has three work vehicles on the property. He stated he had engaged a company to install fencing to mitigate the view of the work vehicles as recommended by Planning staff, but he has had to file a police report due to fraud. Ms. Haley inquired of Mr. Atkinson whether more time would enable him to come to an agreement with the Planning Commissioner and staff. Mr. Atkinson stated that has been the plan the whole time. He further stated he paid the money to do what staff told him to do. In response to Ms. Haley's question relative to Mr. Atkinson's attendance at the Planning Commission meeting, Mr. Atkinson acknowledged he was at the meeting when his case was heard and stated he had already paid for the fencing a week prior. Ms. Haley called for public comment. There being no one to speak to the issue, the public hearing was closed. Mr. Ingle inquired whether Mr. Atkinson was told his case would be denied by the Planning Commission if he did not accept a deferral and hold a community meeting to gain support from his neighbors. Mr. Atkinson stated he was not told his case would be denied. He further stated he wanted to hold the meeting, but it conflicted with his daughter's birthday. Discussion ensued relative to the deferral and the cancellation of the community meeting. Mr. Ingle stated he was told in advance that Mr. Atkinson would be requesting a deferral. He further stated he could not support a deferral, and Mr. Atkinson would need to withdraw his case, get support from the community, and refile the case. He stated if Mr. Atkinson did not withdraw his case, he would recommend denial. Mr. Atkinson stated he thought that would be the answer. Discussion ensued relative to complaints made by neighbors and relocation of Mr. Atkinson's trucks. Mr. Ingle reiterated his position on what would be needed to get his approval. 20-887 12/16/2020 Mr. Mincks explained if Mr. Atkinson were to withdraw the case, he could refile as soon as he can get things ready. Mr. Ingle concurred and stated that is what he is trying to offer Mr. Atkinson. Mr. Mincks stated if the case is denied, Mr. Atkinson cannot file a substantially similar application for 12 months. In response to Mr. Atkinson's question, Mr. Ingle explained the difference between a deferral and a withdrawal. He stated Mr. Atkinson would need community support if he wanted Mr. Ingle's support to keep the business running from the house. Discussion ensued relative to what business materials are stored on the property. Mr. Ingle clarified that staff does not have the authority to give approval, and the steps given to Mr. Atkinson were necessary for consideration of the case, not approval of the case. He further stated he was giving Mr. Atkinson an opportunity to withdraw the case, get community support, and submit a new case. In response to Mr. Atkinson's question relative to community support, Mr. Ingle stated he would need neighbors to speak for Mr. Atkinson on the case. In response to Ms. Haley's question, Mr. Atkinson agreed to withdraw the case. Ms. Haley stated staff could talk to Mr. Atkinson about 9 refiling the case. V 17. PUBLIC HEARINGS 17.A. TO CONSIDER AMENDMENTS TO COUNTY CODE SECTION 14-10 REGARDING DISCHARGING FIREARMS AND PROVIDING FOR A PENALTY Mr. Mincks stated this date and time has been advertised for a public hearing for the Board to consider amendments to County Code Section 14-10 regarding discharging firearms and providing for a penalty. He further stated there have been concerns that bullets from target shooting are ending up on neighboring properties, and this ordinance would require a berm or backstop to prevent bullets from leaving the property. He stated the ordinance is consistent with standards recommended by the National Rifle Association, and it has been reviewed and approved by the Commonwealth's Attorney. Ms. Haley called for public comment. There being no one to speak to the issue, the public hearing was closed. Mr. Winslow made a motion to approve the ordinance. He thanked staff for their work on the amendments and stated it is a good idea for both suburban and rural areas. 20-888 12/16/2020 Mr. Ingle seconded the motion. In response to Mr. Ingle's question relative to the composition of the berm or backstop, Mr. Mincks stated the target shooter is in compliance so long as the bullets remain on the property. Mr. Carroll stated the word natural includes the natural terrain of the land. Mr. Mincks expressed his appreciation to the Board for their [_r input on the ordinance. Ms. Haley called for a vote on Mr. Winslow's motion, seconded by Mr. Ingle, for the Board to adopt the following ordinance: AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING AND RE-ENACTING SECTION 14-10, RELATING TO DISCHARGING FIREARMS AND PROVIDING FOR A PENALTY BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Section 14-10, of the Code of the County of Chesterfield, 1997, as amended, is amended and re-enacted to read as follows: Sec. 14-10. - Same - Discharging firearms or shooting arrows from bows. (a) No person shall discharge any firearm within the county within 600 feet of a (i) dwelling of another; (ii) business establishment; (iii) public building; (iv) public gathering; or (v) public meeting place. (b) In addition to the limitations set forth in subsection (a) above, any person target shooting with a firearm shall only discharge such firearm into a natural or man-made berm or backstop so that it prevents projectiles from entering the property of another. A backstop is defined as a device to stop, redirect, and or contain bullets fired on a range. A berm is defined as an embankment used for restricting bullets to a given area, or as a protective or dividing wall between ranges. (c) As to firearms, this section shall not apply to a (i) law- enforcement officer in the performance of his official duties; (ii) any person whose discharge of a firearm is justifiable or excusable at law in the protection of life or property; (iii) the discharge, on land of at least five acres that is zoned for agricultural use, of a firearm for the killing of deer pursuant to Code of Virginia, § 29.1-529; (iv) the discharge of a firearm that is otherwise specifically authorized by law; (v) the discharge of black powder firearms using blanks as part of historical re-enactments, historical living history programs and historical demonstrations; (vi) the discharge of starter blank weapons to initiate athletic competitions; or (vii) ceremonial and patriotic displays. 20-889 12/16/2020 (f) Any person violating the provisions of this section shall be punishable by a fine of not more than $1,000.00. (2) That this ordinance shall become effective immediately upon adoption. Ayes: Haley, Carroll, Ingle, Winslow and Holland. Nays: None. 17.B. TO CONSIDER AMENDMENTS TO COUNTY CODE SECTION 14-27 REGARDING PROHIBITED LOUD NOISES Mr. Mincks stated this date and time has been advertised for a public hearing for the Board to consider amendments to County Code Section 14-27 regarding prohibited loud noises. He discussed the history of the noise ordinance and stated this ordinance amendment moves the time from 12:00 midnight to 11:00 p.m. and provides regulation for daytime noise. He further stated the ordinance provides standards for the most common noise complaint which is noise generated by electronic devices such as radios and televisions. He stated the third amendment requires the complainant to be involved under certain circumstances. He further stated Police will always try to work out a noise complaint among the neighbors first. He stated one citizen comment was received on the online portal relative to construction noise which is not addressed in this ordinance amendment. Ms. Haley called for public comment. There being no one to speak to the issue, the public hearing was closed. Mr. Holland stated this is an improvement and expressed his appreciation for the Police Chief's suggestion to get complainants more involved in the process. Mr. Holland then made a motion, seconded by Mr. Ingle, for the Board to adopt the ordinance. Ms. Haley stated this is the type of ordinance that needs routine review to ensure it continues to address citizen concerns such as construction noise. She then called for a vote on Mr. Holland's motion, seconded by Mr. Ingle, for the Board to adopt the following ordinance: AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING AND RE-ENACTING SECTION 14-27 RELATING TO LOUD NOISES PROHIBITED BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Section 14-27 of the Code of the County of Chesterfield, 1997, as amended, is amended and re-enacted to read as follows: 20-890 12/16/2020 Chapter 14. OFFENSES—MISCELLANEOUS Sec. 14-27. Loud noises prohibited. It shall be unlawful for any person: (a) To use, operate or play, or allow anyone to use, operate or play, any radio, phonograph, television, record, compact disc or tape player, musical instrument, loudspeaker, sound amplifier or other machine or device capable of producing or reproducing sound in such a manner or with such volume or duration that it is plainly audible as follows: (1) Between 11:01 p.m. and 7:00 a.m.: (i) inside the confines of the dwelling unit, house or apartment of another person; or (ii) off the property on which the device is located and at 50 or more feet from the device; or (2) Between 7:01 a.m. and 11:00 p.m.: (i) inside the confines of the dwelling unit, house or apartment of another person when the doors and windows of the dwelling unit, house or apartment are closed; or (ii) off the property on which the device is located and at 300 or more feet from the device. Excluded from the restrictions in (a)(1) and (a)(2) are devices permitted to be used at public parks or recreation fields, sporting events, school -sponsored activities on school grounds, duly authorized parades, public functions or commemorative events, devices used or played at a noise level approved in an applicable zoning condition, or devices used to alert persons to the existence of an emergency. (b) To allow or create noise between the hours of 11:01 p.m. and 7:00 a.m. that is plainly audible either inside the confines of the dwelling unit, house or apartment of another person or off the property on which the noise is occurring and at 50 or more feet when the noise is generated from a gathering of ten or more people. 20-891 12/16/2020 (c) To allow any animal or bird except farm animals in kme agricultural districts to create noise such that it is plainly audible at least once a minute for ten consecutive minutes (i) inside the confines of the dwelling unit, house or apartment of another; or (ii) at 50 or more feet from the animal or bird. 20-891 12/16/2020 (d) To operate, install, have, or permit on the outside of any store, shop, business establishment, warehouse or commercial building, any loudspeaker or other sound- producing or reproducing device capable of emitting music, noise, sounds, tapes or voice in such manner that it is plainly audible on any public sidewalk or street unless it is used only intermittently for announcing or paging an individual or unless it signals the ringing of a telephone, danger from smoke, a fire or a burglary j or the beginning or stopping of work or school, or unless it is operated in accordance with conditions of zoning. (e) To play or permit the playing of any radio, stereo, tape player, compact disc player, loudspeaker or other electronic device or mechanical equipment used for the amplification of sound, which is located within a motor vehicle and which is plainly audible from outside the motor vehicle at a distance of 50 feet or more from the vehicle. This provision shall not apply to sirens, loudspeakers and emergency communications radios in public safety vehicles, nor shall it apply to motor vehicle alarms or other security devices. (f) To allow or create plainly audible noise in residential areas between 10:00 p.m. and 5:00 a.m. in connection with the loading or unloading of refuse, waste or recycling collection vehicles. (g) To allow or create plainly audible noise in residential areas between 10:00 p.m. and 7:00 a.m. Ij in connection with lawn care, leaf removal, gardening, tree maintenance or removal and other landscaping, lawn or timbering activities. (h) Violations of this section shall constitute a misdemeanor punishable by a fine of not less than $100.00 nor more than $500.00. No person shall be charged with a violation of this section unless (i) a complainant appears before a magistrate and alleges the specific violation complained of, and that the complainant requested or made a reasonable attempt to request abatement of the violation; or (ii) a violation is committed in the presence of a police officer. (2) That this ordinance shall become effective immediately upon adoption. Ayes: Haley, Carroll, Ingle, Winslow and Holland. Nays: None. 20-892 12/16/2020 17.C. TO CONSIDER THE FY2021-FY2026 CENTRAL VIRGINIA TRANSPORTATION AUTHORITY IMPROVEMENT PLAN AND FY2021 BUDGET Mr. Brent Epps, Director of Transportation, stated this date and time has been advertised for a public hearing for the Board to consider the FY2021-FY2026 Central Virginia Transportation Authority (CVTA) Improvement Plan and FY2021 Budget. He reviewed the creation of the CVTA, its revenue sources, and the allocation of those revenues. He stated the county's local kaw CVTA revenue is projected to be between $20 million and $23 million per year, or $133 million over a six-year period. He further stated the CVTA will oversee distribution of the locality revenues and confirm project eligibility. He stated it is anticipated the funds will be distributed on a quarterly basis beginning early 2021. Ms. Haley called for public comment. There being no one to speak to the issue, the public hearing was closed. Mr. Winslow stated the county is investing in infrastructure and extending Powhite Parkway is extremely important to get to Woolridge Road which benefits first responders, businesses, and families. He commended Mr. Epps, his team, and Mr. Jesse Smith for this big win. Mr. Holland stated these resources can be used for not only road improvement and maintenance but also sidewalks. He noted 15 percent will be given to GRTC, and he expressed his hope for an annual financial report. Mr. Carroll stated the county will continue to fight for portions of the other 35 percent. He further stated there are great projects on the list that are long overdue such as Powhite Parkway Extension. He acknowledged some citizens had reservations about the creation of the CVTA and expressed his hope that they would see responsible stewardship of their money. Ms. Haley stated this is a great example of regional cooperation. On motion of Mr. Winslow, seconded by Mr. Holland, the Board approved the FY2021-FY2026 Central Virginia Transportation Authority Improvement Plan and FY2021 Budget. (It is noted the plan and budget are filed with the papers of this Board.) Ayes: Haley, Carroll, Ingle, Winslow and Holland. Nays: None. ( 17.D. TO CONSIDER CONVEYANCE OF AN EASEMENT TO COLUMBIA (r' GAS OF VIRGINIA, INC. Mr. Dean Sasek, Real Property Manager, stated this date and time has been advertised for a public hearing for the Board to consider the conveyance of an easement to Columbia Gas of Virginia, Inc. to provide service to various businesses and 20-893 12/16/2020 projects at the Airport. He further stated the request has been reviewed by Airport and county staff, and approval is recommended. Ms. Haley called for public comment. There being no one to speak to the issue, the public hearing was closed. On motion of Mr. Carroll, seconded by Mr. Ingle, the Bcard j authorized the Chair of the Board of Supervisors and the County r/ Administrator to execute an agreement with Columbia Gas of Virginia, Inc. for conveyance of a variable width easement at the Airport. Ayes: Haley, Carroll, Ingle, Winslow and Holland. Nays: None. 17.E. TO ACCEPT THE CONVEYANCE OF AND APPROVE A LEASE OF PROPERTY AT 6737 PUBLIC SAFETY WAY Mr. Sasek stated this date and time has been advertised for a public hearing for the Board to consider accepting the conveyance of property at 6737 Public Safety way and approving a lease of that property to Virginia Credit Union, Inc. Ms. Haley called for public comment. There being no one to speak to the issue, the public hearing was closed. On motion of Mr. Holland, seconded by Mr. Ingle, the Board accepted the conveyance of property at 6737 Public Safety way and approved a lease of that property to Virginia Credit Union. Ayes: Haley, Carroll, Ingle, Winslow and Holland. Nays: None. 17.F. TO CONSIDER AMENDING COUNTY CODE BY ENACTING $ 13-23 TO ESTABLISH A CIVIL PENALTY PROGRAM FOR PASSING OF A STOPPED SCHOOL BUS Mr. Scott Zaremba, Deputy County Administrator, stated this date and time has been advertised for the Board to consider amending the County Code by enacting Section 13-23 establishing a civil penalty program for passing of a stopped school bus. He further stated if approved, Schools and the Police Department would jointly select a vendor in early 2021 with a goal of having the cameras on the buses by the start of the school year. In response to Mr. Winslow's question relative to the duration of the program, Mr. Zaremba stated over 90 percent of violators who pay the fine never do it again, and the program should prove its worth and disappear after a while. Mr. Carroll stated the technology will also provide route mapping for substitute bus drivers. 20-894 12/16/2020 Mr. Zaremba concurred and stated the vendor offers extra technology solutions for purchase, the cost of which could be offset by the revenue. By way of example, he discussed on -board cameras which could capture a fight and livestream it to the Emergency Communications Center. He stated staff is committed to using all of the revenue for driver training, education, and public safety initiatives to keep students safe. In response to Mr. Carroll's question relative to upfront costs, Mr. Zaremba stated the revenue generated by the tickets lam✓ should cover all of the technology and one or two staff people in the Police Department, and there should still be some left over. Mr. Carroll stated hopefully the program will go broke because the problem will be solved, and no one will pass a school bus. Mr. Zaremba concurred and stated the county does not have to pay the technology fees and ongoing fees of the vendor if they exceed the ticket revenue. Mr. Carroll stated hopefully next year the kids will be back in school and the technology will keep them safe. Ms. Haley called for public comment. There being no one to speak to the issue, the public hearing was closed. On motion of Mr. Holland, seconded by Mr. Carroll, the Board adopted the following ordinance: AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY ADDING SECTION 13-23 PROVIDING FOR CIVIL ENFORCEMENT THROUGH A VIDEO -MONITORING SYSTEM OF THE PROHIBITION AGAINST PASSING A STOPPED SCHOOL BUS AND INCLUDING A PENALTY FOR VIOLATION BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Section 13-23 of the Code of the County of Chesterfield, 1997, as amended, is amended by adding the following section: CHAPTER 13 MOTOR VEHICLES AND TRAFFIC 0 0 0 Sec. 13-23. Civil penalty and enforcement of prohibition against passing a stopped school bus. a. Pursuant to § 46.2-844, Code of Virginia, 1950, as amended, the Chesterfield County School Board is authorized to install and operate a video -monitoring system in, or on, its school buses, or to contract with a private vendor to do so on its behalf, for the purpose of establishing a civil enforcement program of recording 20-895 12/16/2020 violations of § 46.2-859, Code of Virginia, 1950, as amended, prohibiting the passing of a stopped school bus. b. Any violation of § 46.2-859, Code of Virginia, 1950, as amended, identified through this video -monitoring system shall subject the operator of the vehicle to a $250.00 civil penalty. All civil penalties collected shall be paid into the County's general fund. C. Prior to execution of any contract with a private vendor for the operation of such civil enforcement program, the contract shall be reviewed for form and approved by the School Board Attorney and the County Attorney. (2) That this ordinance shall become effective immediately upon adoption. Ayes: Haley, Carroll, Ingle, Winslow and Holland. Nays: None. 17.G. TO CONSIDER AND ADOPT AMENDMENT OF THE FY2021 ADOPTED BUDGET Mr. Matt Harris stated this date and time has been advertised for a public hearing for the Board to consider amendments to the FY2021 Adopted Budget. He provided the Board with a recap of the work session held in November, starting with Schools' $16.9 million year-end surplus. He stated staff recommends $1.9 million of that surplus be held on the county side to address future school priorities, not necessarily capital. He then reviewed the proposed uses for the county surplus. He discussed 3 FY21 amendments which include an emphasis on the workforce and �•/ modest service enhancements. He summarized the requests and next steps. Ms. Haley stated it is the will of the Board to amend the Schools portion of the plan in a way that allows the bonus monies to be transferred now to recognize the efforts of all of the hardworking teachers. She further stated the Board wishes to hold the balance of the FY20 monies on the county side given the uncertainty around Schools' broader financial status in both FY21 and FY22. Mr. Holland stated the pandemic has demonstrated the critical need for teachers in the school system. He further stated excellence throughout the county government and Schools is a result of investment in great people. He stated he is pleased the Board is in the position to offer the two -percent bonus. Mr. Ingle stated in principle he is not against the bonus for Schools employees, but he recognizes the tremendous uncertainty facing Schools' budget and the teacher pay study. He further stated he would be more comfortable holding the monies until Schools' budget challenges are resolved and to show a commitment to funding the teacher pay study. He stated over time a two -percent increase in pay would have a more positive impact than a two -percent bonus, but tackling Schools' budget and the teacher pay plan requires a combined effort between the Board of Supervisors and the School Board. He further 20-896 12/16/2020 stated in the spirit of cooperation he is willing to release only enough of the surplus to cover the two -percent bonus while holding the remainder until uncertainties of Schools' budget and funding of the teacher pay plan are realized. He expressed his expectation that Schools will provide half of the to -be - determined amount required to fund the teacher pay plan. He stated his counterpart on the School Board, Ms. Ann Coker, has expressed a willingness to work together on this issue. He expressed appreciation for conversations with many individuals to work through this issue. l_r Mr. Winslow stated this strikes a good compromise and he supports the transfer. He expressed his concerns relative to a significant need for academic remediation and how that would be funded. He stated many are concerned about whether the children are learning. He further stated he supports the motion and thanked his colleagues for their hard work. Mr. Carroll stated he supports the use of monies for the two - percent bonus. He acknowledged the uncertainty of state funding based on declining enrollment figures. He stated it is prudent to hold some money back in the event the General Assembly decides not to fund the school system or does not hold the school system harmless for the number of students leaving to obtain private education. He further stated teachers have worked hard and the bonus means a great deal to them. Ms. Haley stated she spent 20 years advocating for education and she has not stopped. She shared her disappointment that some teachers have set a negative tone in the community but stated that is not the majority of teachers. She further stated a few months prior, significant bond money was allocated to reinvest in Schools' infrastructure which influenced the Board's decision to be conservative with the extra money. She expressed her hope that the School Board would join in prioritizing the funding of the teacher pay study. She then called for public comment. Mr. Greg Beasley, President of the Chesterfield Firefighters Association, addressed the Board relative to funding the public safety pay plan and thanked them for their support. Mr. William Dean Lee addressed the Board relative to funding the public safety pay plan and encouraged investment in public safety personnel in order to retain the best and the brightest. Ms. Gwen Orfield, President of the Chesterfield Fraternal Order of Police, addressed the Board relative to funding the public safety pay plan and encouraged approval to ensure the county maintains well-trained individuals. There being no one else to speak to the issue, the public hearing was closed. Ms. Haley made a motion for the Board to approve the budget proposal as presented with the following amendments: (1) the proposal is to include just the appropriation and transfer of $8.2 million to support the school bonus program with the understanding that no other compensation initiatives be undertaken by the school division this year except for the 20-897 12/16/2020 possibility of some component of the teacher pay plan; and (2) the remaining $8.6 million from FY20 is to be reserved unappropriated on the county side in a school -designated account in order to guard against expenditure pressures or state revenue shortfalls during the duration of FY21 and/or those funds could be used to ultimately help support the implementation of the teacher plan once it is approved by the Board. Mr. Holland seconded the motion. Mr. Carroll thanked staff for the hard work to ensure the Board would be able to put the public safety pay plan in place and fund it in the future which will allow the county to retain intellectual property and attract new talent. Mr. Winslow stated the Board hopes to equip public safety leadership with what is needed to round out their excellent teams. Ms. Haley expressed appreciation for public safety personnel working with staff to craft a sustainable plan. Ms. Haley called for a vote on her motion, seconded by Mr. Holland, for the Board to approve the budget proposal as presented with the following amendments: (1) the proposal is to include just the appropriation and transfer of $8.2 million to support the school bonus program with the understanding that no other compensation initiatives be undertaken by the school division this year except for the possibility of some component of the teacher pay plan; and (2) the remaining $8.6 million from FY20 is to be reserved unappropriated on the county side in a school -designated account in order to guard against expenditure pressures or state revenue shortfalls during the duration of FY21 and/or those funds could be used to ultimately help support the implementation of the teacher plan once it is approved by the Board. Ayes: Haley, Carroll, Ingle, Winslow and Holland. Nays: None. 17.H. TO CONSIDER AN ORDINANCE GRANTING THE REAL ESTATE TAX EXEMPTION REQUEST OF CHESTERFIELD ALTERNATIVES, INC. Mr. Mincks stated this date and time has been advertised for a public hearing for the Board to consider an ordinance granting the real estate tax exemption request of Chesterfield Alternatives, Inc. He further stated the request would be capped at $5,000 should the real estate appreciate in the future. Ms. Haley called for public comment. There being no one to speak to the issue, the public hearing was closed. On motion of Mr. Holland, seconded by Mr. Winslow, the Board adopted the following ordinance: 20-898 12/16/2020 V J AN ORDINANCE TO DESIGNATE REAL PROPERTY OWNED BY CHESTERFIELD ALTERNATIVES, INC. TO BE EXEMPT FROM PROPERTY TAXATION WHEREAS, subsection 6(A)(6) of Article X of the Constitution of Virginia, on and after January 1, 2003, authorizes localities to designate as exempt from local taxation the real or personal property, or both, owned by a non-profit organization that uses such property for religious, charitable, patriotic, historical, benevolent, cultural, or public park and playground purposes; and WHEREAS, the County has received a request from Chesterfield Alternatives, Inc. to consider granting it a tax exemption for a specific piece of real property owned by it in Chesterfield County and described as County Property Tax Parcel ID No. 800630129600000; and WHEREAS, in accordance with Va. Code §56.1-3651, the Board has conducted a public hearing and considered each of the questions required to be considered before adopting an ordinance granting any such exemption; and WHEREAS, the Board has determined that Chesterfield Alternatives, Inc. meets the requirement for the real property tax exemption that it has requested by reason of its being a nonprofit organization which uses the real property for which it is requesting the exemption for benevolent purposes; and NOW THEREFORE BE IT ORDAINED by the Board of Supervisors of Chesterfield County: 1. Chesterfield Alternatives, Inc. is hereby designated a benevolent organization within the context of Section 6(A)(6) of Article X of the Constitution of Virginia. 2. The real property located in Chesterfield County owned by Chesterfield Alternatives, Inc. and described as County Property Tax Parcel ID No. 800630129600000 is used by such organization, and the single-family residential structure on such property is used exclusively for benevolent purposes on a non-profit basis as set forth in Section 1 of this ordinance and is hereby determined to be exempt from local taxation in the amount of $3519 for tax year 2021 and up to $5000 for future tax years. This exemption shall be contingent on the continued use of the property in accordance with the purpose for which the organization is designated as exempt in Section 1. E3. This real property tax exemption shall be effective \/ January 1, 2021. 4. This ordinance shall not be set out in the County Code but shall be kept on file in the offices of the real estate assessor and commissioner of revenue. 20-899 12/16/2020 WHEREAS, it is the policy of the Board to consider real estate tax exemption requests up to a maximum amount of $5,000.00. NOW THEREFORE BE IT ORDAINED by the Board of Supervisors of Chesterfield County: 1. Chesterfield Alternatives, Inc. is hereby designated a benevolent organization within the context of Section 6(A)(6) of Article X of the Constitution of Virginia. 2. The real property located in Chesterfield County owned by Chesterfield Alternatives, Inc. and described as County Property Tax Parcel ID No. 800630129600000 is used by such organization, and the single-family residential structure on such property is used exclusively for benevolent purposes on a non-profit basis as set forth in Section 1 of this ordinance and is hereby determined to be exempt from local taxation in the amount of $3519 for tax year 2021 and up to $5000 for future tax years. This exemption shall be contingent on the continued use of the property in accordance with the purpose for which the organization is designated as exempt in Section 1. E3. This real property tax exemption shall be effective \/ January 1, 2021. 4. This ordinance shall not be set out in the County Code but shall be kept on file in the offices of the real estate assessor and commissioner of revenue. 20-899 12/16/2020 S. This ordinance shall be in effect immediately upon its adoption. Ayes: Haley, Carroll, Ingle, Winslow and Holland. Nays: None. 17.I. TO CONSIDER AN ORDINANCE GRANTING THE REAL ESTATE TAX EXEMPTION REQUEST OF RICHMOND ANIMAL LEAGUE, INC. Mr. Mincks stated this date and time has been advertised for a public hearing for the Board to consider an ordinance granting the real estate tax exemption request of Richmond Animal League, Inc. He further stated the request would be capped at $5,000. Ms. Haley called for public comment. There being no one to speak to the issue, the public hearing was closed. On motion of Mr. Winslow, seconded by Mr. Holland, the Board adopted the following ordinance: AN ORDINANCE TO DESIGNATE REAL PROPERTY OWNED BY RICHMOND ANIMAL LEAGUE, INC. TO BE EXEMPT FROM PROPERTY TAXATION WHEREAS, subsection 6(A)(6) of Article X of the Constitution of Virginia, on and after January 1, 2003, authorizes localities to designate as exempt from local taxation the real or personal property, or both, owned by a non-profit organization that uses such property for religious, charitable, patriotic, historical, benevolent, cultural, or public park and playground purposes; and WHEREAS, the County has received a request from Richmond Animal League, Inc. to consider granting it a tax exemption for a specific piece of real property owned by it in Chesterfield County and described as County Property Tax Parcel ID No. 741707866100000; and WHEREAS, in accordance with Va. Code §58.1-3651, the Board has conducted a public hearing and considered each of the questions required to be considered before adopting an ordinance granting any such exemption; and WHEREAS, the Board has determined that Richmond Animal League, Inc. meets the requirement for the real property tax exemption that it has requested by reason of its being a nonprofit organization which uses the real property for which it is requesting the exemption for benevolent purposes; and WHEREAS, it is the policy of the Board to consider real estate tax exemption requests up to a maximum amount of $5,000.00. �•+/ NOW THEREFORE BE IT ORDAINED by the Board of Supervisors of Chesterfield County: 20-900 12/16/2020 1. Richmond Animal League, Inc. is hereby designated a benevolent organization within the context of Section 6(A)(6) of Article X of the Constitution of Virginia. 2. The real property located in Chesterfield County owned by Richmond Animal League and described as County Property Tax Parcel ID No. 741707866100000 is used by such organization, and the commercial structure on such property is used exclusively for benevolent purposes on a non-profit basis as set forth in Section 1 of this ordinance and is hereby kw determined to be exempt from local taxation in the amount of $5,000 for tax year 2021 and up to $5000 for future tax years. This exemption shall be contingent on the continued use of the property in accordance with the purpose for which the organization is designated as exempt in Section 1. 3. This real property tax exemption shall be effective January 1, 2021. 4. This ordinance shall not be set out in the County Code but shall be kept on file in the offices of the real estate assessor and commissioner of revenue. 5. This ordinance shall be in effect immediately upon its adoption. Ayes: Haley, Carroll, Ingle, Winslow and Holland. Nays: None. 17.J. TO CONSIDER CODE AMENDMENT RELATIVE TO BOARD OF ZONING APPEALS (21PJ0106) Mr. Ray Cash stated this date and time has been advertised for a public hearing for the Board to consider an amendment to the County Code relative to the Board of Zoning Appeals (BZA) (21PJ0106). He reviewed the proposed changes which permit the BZA secretary to be a qualified, salaried employee of either Planning or Community Enhancement, recommended by the Director of Planning, and approved by the BZA. He stated both the Planning Commission and staff recommended approval. Ms. Haley called for public comment. There being no one to speak to the issue, the public hearing was closed. On motion of Mr. Ingle, seconded by Mr. Holland, the Board adopted the following ordinance: BE IT ORDAINED by the Board of Supervisors of Chesterfield County: 20-901 12/16/2020 AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING AND REENACTING SECTION 19.1-15 OF THE ZONING F ■ ORDINANCE RELATIVE TO BOARD OF ZONING APPEALS BE IT ORDAINED by the Board of Supervisors of Chesterfield County: 20-901 12/16/2020 (1) That Section 19.1-15 of the Code of the County of Chesterfield, 1997, as amended, is amended and re-enacted, to read as follows: A. Generally. 000 4. Chairman, Vice Chairman and Secretary. The board of zoning appeals shall elect one of its members as chairman and one as vice chairman, each to serve for a one year term and each of whom may succeed themselves. The chairman shall preside at all meetings of the board and, in his absence, the vice-chairman shall preside and have all of the authority as the chairman. The chairman may administer oaths and compel the attendance of witnesses. The board shall appoint a qualified individual to perform the duties of secretary. The secretary shall be a salaried county employee of the planning or community enhancement departments recommended by the director of planning and approved by the board. The secretary shall keep the minutes and other records of the actions and deliberations of the board of zoning appeals, and shall perform other ministerial duties as the board may direct. (2) That this ordinance shall become effective immediately upon adoption. Ayes: Haley, Carroll, Ingle, Winslow and Holland. Nays: None. 17.R. TO CONSIDER TRANSFER OF THE CABLE FRANCHISE FROM COMCAST OF CHESTERFIELD COUNTY, INC. TO COMCAST OF VA, LLC Mr. Mincks stated this date and time has been advertised for a public hearing for the Board to consider the transfer of the cable franchise from Comcast of Chesterfield County, Inc. to Comcast of VA, LLC. He further stated under the County Code, if a transfer of the franchise is proposed, it must be approved by the Board. He explained the standard for approval and stated Comcast of VA, LLC is part of the same Comcast organization, and staff has been assured the transfer will not change the operation. He noted one citizen comment was received on the online portal pertaining to renegotiation of the franchise agreement, which is not before the Board. Ms. Haley called for public comment. Mr. Nathan Daugherty with Comcast Government Affairs and Community Impact stated the transfer is designed for administrative simplification purposes and will have no effect on operations of the system in the county. He further stated the change will not affect any franchise obligations. There being no one else to speak to the issue, the public hearing was closed. 20-902 12/16/2020 Mr. Winslow declared a conflict due to his representation of a person suing Comcast of Chesterfield, Inc. In response to Mr. Ingle's question, Mr. Mincks confirmed the Board is only considering whether the transfer is being made to an entity capable of fulfilling the contract. Mr. Ingle stated rural areas of the county are in need of more service and expressed appreciation for anything Comcast can do to assist with that need. He then made a motion, seconded by Mr. Carroll, for the Board to approve the transfer of the cable franchise from Comcast of Chesterfield County, Inc. to Comcast of VA, LLC. Ayes: Haley, Carroll, Ingle and Holland. Nays: None. 18. REMAINING MANUFACTURED HOME PERMITS AND ZONING REQUESTS There were no remaining manufactured home permits and zoning requests. 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. Holland, seconded by Mr. Ingle, the Board adjourned at 7:56 p.m. until January 6, 2021, at 6:00 p.m. for the Board's annual organizational meeting in the Public Meeting Room. Ayes: Haley, Carroll, Ingle, Winslow and Holland. Nays: None. L Jose Casey �afies M. Holla ounty Administrat r Chairman I i J 20-903 12/16/2020 Attachment A Board of Supervisors Meeting December 16, 2020 Citizen Comments on Unscheduled Matters and Public Hearings Comment Date First Name Last Name District Category Comments 12/8/2020 Mioshe Davis Dale Unscheduled Are there any plans to Matters address the start time of the current noise ordinance in a residential area? Are there any plans to revise the ordinance to also violate loud construction noises at a certain hour? I am concerned citizen whose neighbor is currently building something in his yard well up into and sometimes beyond midnight. I have also contacted the police on more than one occasion regarding the issue with no resolve 12/10/2020 Bonnie Moody Matoaca Unscheduled The transfer of the Matters outdated mid -1990's county franchise agreement from Comcast of Chesterfield to Comcast of Virginia would provide the perfect opportunity for conscientious attorneys and county officials to renegotiate the outdated "homes per mile" service specifications so those of us in rural areas might have a fighting chance to navigate successfully during the pandemic and after. Other Virginia localities have recently amended their service agreements regarding this restriction, so why hasn't Chesterfield? We understand this pertains to television, but we all know, too, television and internet cable installations are the same. I see or hear nothing from county 20-904 12/16/2020 j j Attachment A Board of Supervisors Meeting December 16, 2020 Citizen Comments on Unscheduled Matters and Public Hearings Comment Date First Name Last Name District Category Comments folks indicating any progress with broadband for all and it is discouraging to have this level of indifference in a county this size. 12/14/2020 Analie Rademaker Midlothian PH - re: Very much in favor of Prohibited reducing noise that Loud Noises encroaches upon persons' peaceful enjoyment of their home, condo or apartment. Reducing noise during the day is important for persons who work at night, work at home or study at home. It is important that the recipient of the excessive noise make an effort to solve the perceived problem before contacting authorities. Thank You 12/15/2020 Kellie Olsen Midlothian Unscheduled I would like you to Matters listen to the superintendent of the county and give the teachers the 2% bonus they deserve in December. Teachers have worked beyond the expectations since September and they deserve it. F3rIIIrl" 12/16/2020 i i