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2023-06-28 Minutes 23-142 6/28/2023 BOARD OF SUPERVISORS MINUTES June 28, 2023 Supervisors in Attendance: Mr. Kevin P. Carroll, Chair Mr. James A. Ingle, Jr., Vice Chair Mr. Christopher M. Winslow Mr. James M. Holland Dr. Mark S. Miller Dr. Joseph P. Casey County Administrator Mr. Carroll called the meeting to order at 2:00 p.m. 1. APPROVAL OF MINUTES On motion of Mr. Winslow, seconded by Mr. Holland, the Board approved the minutes of May 25, 2023, as submitted. Ayes: Carroll, Ingle, Winslow, Holland and Miller. Nays: None. 2. REQUESTS TO POSTPONE AGENDA ITEMS AND ADDITIONS, DELETIONS OR CHANGES IN THE ORDER OF PRESENTATION On motion of Mr. Winslow, seconded by Mr. Holland, the Board added Item 13.B.16. Amend the Minutes of June 29, 2022. Ayes: Carroll, Ingle, Winslow, Holland and Miller. Nays: None. 3. WORK SESSIONS 3.A. EVERYDAY EXCELLENCE Dr. Casey recognized staff at LaPrade Library, as well as the first responders of Chesterfield Fire and EMS Engine 202, Medica 202 and Peak Ambulance 202 for administering Narcan to a customer who was experiencing an overdose. He stated when medical personnel arriving, the customer was transported to the hospital and the EMTs told library staff the Narcan had worked; the customer was reviving and did not require any more Narcan because of their responsiveness. Board members commended county employees for their quick action and teamwork which saved the customer’s life. 23-143 6/28/2023 3.B. DIVERSITY, EQUITY AND INCLUSION STRATEGIC PLAN Dr. James Worsley, Deputy County Administrator, introduced Ms. Kim Conley, Assistant Director of Community Engagement and Resources, provided an update to the Board relative to the Diversity, Equity and Inclusion (DEI) Strategic Plan. She stated the DEI strategic plan establishes a road map for county employees working in partnership with the community to identify and recognize diversity needs. She further stated Chesterfield County has always been a leader in setting DEI initiatives for its workforce and, in 1988, the Diversity Advisory Committee, recently renamed the Diversity, Equity and Inclusion Committee (DEIC), was established to ensure the workforce was reflective on the community being served and employees provided services in a culturally sensitive manner. She stated as with any successful diversity journey, it must evolve to meet the needs of a growing community and workforce. She further stated the county’s DEI work continues with the creation of this strategic plan. She stated this proposed plan establishes a road map for county employees working in partnership with the community to identify and recognize diversity needs. In addition, as one of the County Administrator’s Top Priorities, she stated staff will draw upon experiences, strengths and opportunities so that the county may continue to educate, advocate and celebrate a diverse and engaged multi-cultural community. She further stated as a result of a better understanding and a greater appreciation of others, our employees will have a greater capacity to work together for our common goal of providing quality service to customers. Discussion and questions ensued relative to the presentation. 3.C. BROADBAND UPDATE Mr. Clay Bowles, Deputy County Administrator, provided an update to the Board relative to the status of the county’s broadband coverage initiative. He stated Chesterfield has received a grant of more than $755,000 from the Virginia Department of Housing and Community Development, through its Virginia Telecommunications Initiative (VATI), to create universal broadband in the county. He further stated in all, some 494 parcels, homes, and businesses across the county will eventually have access to service thanks to this grant award. He noted the overall project duration will take 24-36 months and provided highlights relative to important project milestones. Discussion and questions ensued relative to the presentation. 3.D. VIRGINIA GENERAL ASSEMBLY UPDATE Mr. Jeff Mincks, County Attorney, provided the Board with an overview of 2023 General Assembly legislation affecting the county. He noted there is one action that the Board is mandated to take to amend the county’s zoning ordinance relating to newspaper notice requirements, and four bills for which the Board can choose whether or not to take action, and five bills which may be of interest to the Board. Ms. Casey Walker, Constituent Services Liaison, provided the Board with a brief update relative to legislative matters. 23-144 6/28/2023 3.E. SPORTS, VISITATION AND ENTERTAINMENT UPDATE Mr. Matt Harris, Deputy County Administrator, introduced Mr. J.C. Poma, Managing Director – Sports and Entertainment, who provided an update relative to the county’s approach to tourism development and why it is important to Chesterfield’s overall financial ecosystem. He noted during 2022, Chesterfield hosted 63 sports-related events, an increase of 24 percent over the previous 12 months that included 253,111 attendees and generated $34.4 million in direct economic impact, as well as $1.28 million in direct local tax revenue. He stated River City Sportsplex has had a $128.6 million economic impact on Chesterfield County and a $276.5 impact on the Region since 2018. He then highlighted various topics which include marketing and branding; visitor and client experience; facility development and planning; and local/regional partnership. Discussion and questions ensued relative to the presentation. 3.F. FINANCE UPDATE Mr. Gerard Durkin, Director of Budget and Management, provided information on a wide range of financial topics including a summary of the county’s recent bond sale, an in-depth overview of the proposed budget amendments for FY2024, a review of the school-year adjustments for FY2023, the dissolution of the Chippenham Place CDA, the addition of job order contracting as a purchasing tool, as well as a preview of the evening’s public hearings on the FY2023 budget adjustments and modifications to the county’s ARPA spending plan. Discussion and questions ensued relative to the presentation. 3.G. CONSENT AGENDA HIGHLIGHTS Mr. Jesse Smith, Deputy County Administrator, updated the Board on a consent item being proposed this evening which include Bon Air pedestrian improvements for the McRae Road sidewalk project and Bon Air pedestrian/bike improvements. He stated the project will provide pedestrian connections from the intersection of McRae Road and Western Road to the Bon Air Library and Bon Air Elementary School, with additional connections to the intersection of McRae Road at Polk Street and McRae Road at Kenwin Road. 4. REPORTS 4.A. DISTRICT IMPROVEMENT FUNDS (DIF) MONTHLY REPORT The Board approved the Monthly Report on District Improvement Funds. 5. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED MATTERS There were no requests to address the Board at this time. 23-145 6/28/2023 6. CLOSED SESSION 6.A. 1) PURSUANT TO § 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, AND 2) PURSUANT TO § 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, AND OF THE DISPOSITION OF PUBLICLY HELD REAL PROPERTY, WHERE DISCUSSION IN AN OPEN MEETING WOULD ADVERSELY AFFECT THE BARGAINING POSITION AND NEGOTIATING STRATEGY OF THE PUBLIC BODY, AND 3) PURSUANT TO SECTION 2.2-3711(A)(29) TO DISCUSS THE AWARD OF A PUBLIC CONTRACT INVOLVING THE EXPENDITURE OF PUBLIC FUNDS WHERE DISCUSSION IN OPEN SESSION WOULD ADVERSELY AFFECT THE BARGAINING POSITION OR NEGOTIATING STRATEGY OF THE PUBLIC BODY On motion of Mr. Ingle, seconded by Mr. Holland, the Board went into closed session 1) Pursuant to § 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, and 2) Pursuant to § 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, and of the Disposition of Publicly Held Real Property, Where Discussion in an Open Meeting Would Adversely Affect the Bargaining Position and Negotiating Strategy of the Public Body, 3) Pursuant to Section 2.2- 3711(A)(29) to Discuss the Award of a Public Contract Involving the Expenditure of Public Funds Where Discussion in Open Session Would Adversely Affect the Bargaining Position or Negotiating Strategy of the Public Body. Ayes: Carroll, Ingle, Winslow, Holland and Miller. Nays: None. On motion of Mr. Winslow, seconded by Mr. Holland, the Board adopted the following resolution: WHEREAS, the Board of Supervisors has this day adjourned into Closed Session in accordance with a formal vote of the Board and in accordance with the provisions of the Virginia Freedom of Information Act; and WHEREAS, the Virginia Freedom of Information Act effective July 1, 1989 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 23-146 6/28/2023 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. Winslow: Aye. Mr. Holland: Aye. Dr. Miller: Aye. Mr. Ingle: Aye. Mr. Carroll: Aye. 7. RECESS FOR DINNER On motion of Mr. Holland, seconded by Mr. Winslow, the Board recessed to dinner in Room 502. Ayes: Carroll, Ingle, Winslow, Holland and Miller. Nays: None. Reconvening: 8. INVOCATION The Honorable Chris Winslow, Clover Hill Supervisor, gave the invocation. 9. PLEDGE OF ALLEGIANCE Deputy County Administrator Matt Harris led the Pledge of Allegiance. 10. COUNTY ADMINISTRATION UPDATE 10.A. RECOGNITION OF RECENT AWARDS AND EMPLOYEE ACHIEVEMENTS • Dr. Casey announced Fleet Services, a division of the Department of General Services, has been named the No. 16 Leading Fleet for 2023 by Government Fleet Magazine, the highest ranking ever for the division and its second appearance in the Top 20 within the last three years. • Dr. Casey announced the county’s Constituent and Media Services department received five Hermes Creative Awards. He stated the international competition sponsored by the Association of Marketing and Communications Professional ranks among the most sought-after recognition that communications professional can receive and is open to both the private and public sectors. • Dr. Casey announced that Social Services was recently selected to serve on the Out-of-Family Investigations Advisory Committee, an advisory committee consisting of 15 members, with one representative being that of a local department of Social Services. He recognized Ms. Danika Briggs, Assistant Director for Family Services, was appointed to represent the department. 23-147 6/28/2023 • Dr. Casey recognized Social Services Director Kiva Rogers who was invited by First Lady Youngkin to the First Lady’s Office for a special reception honoring foster and foster- adopt mothers. 10.B. OTHER COUNTY ADMINISTRATION UPDATES • Dr. Casey announced that Libraries is introducing an enhanced print/copy/scan/fax solution in all branches starting in July. He stated this technology provides added benefits to customers, to include a free of charge scan to USB or e-mail capability that customers can use to save documents electronically. • Dr. Casey announced the department formerly known as Citizen and Information and Resources has been renamed to Community Engagement and Resources effective immediately, to better reflect their services and impact. 11. BOARD MEMBER REPORTS Mr. Winslow announced he attended several events which included the After Hours Concert Series at River City Sportsplex on June 3rd, The Learning Experience ribbon cutting event on June 8th, and In the Beginning ribbon cutting event on June 16th. Mr. Holland announced he attended several events which included an interactive historical performance of the 1773 Baptist Preacher Trial on June 4th, Juneteenth breakfast on June 16th, the MPWR People ribbon cutting event on June 22nd, and the Beulah Recreation Center ribbon cutting event on June 25th. Dr. Miller announced he attended several events which included the Senior Volunteer Hall of Fame ceremony on June 6th, “No Time to Grieve” film screening on June 9th, the RVA Rapid State of Transit Report Reception on June 13th, and the MLK Tribute on June 19th. Mr. Ingle announced he attended several events which included a hurricane preparedness event on May 31st, the Governor’s bill signing on HB 2195 and SB 1470 which create the Virginia Department of Workforce Development and Advancement on May 31st, the 428th U.S. Army birthday celebration on June 14th, and a Bizworks roundtable discussion on June 27th. Mr. Carroll announced he attended several events which included the Memorial Day Ceremony on May 29th, the joint annual meeting of CVTA, PlanRVA, and RRTPO on June 1st, the VA Nippon Classic Golf Tournament on June 2nd, the 85th Basic Police Academy graduation ceremony on June 16th, the solar ribbon cutting ceremony on June 21st, and the volunteer recognition event on June 27th. 23-148 6/28/2023 12. RESOLUTIONS AND SPECIAL RECOGNITIONS 12.A. RECOGNITION OF SENIOR VOLUNTEER HALL OF FAME INDUCTEES Ms. Alexa van Aartrijk introduced Ms. Linda Hudgens, Ms. Alice Mitchell and Ms. Audrey Ross, who were present to receive the resolution. On motion of Mr. Winslow, seconded by Dr. Miller, the Board adopted the following resolution: WHEREAS, volunteering is a powerful force for the solution of human problems, and the creative use of human resources is essential to a healthy, productive and humane society; and WHEREAS, our nation’s heritage is based on citizen involvement and citizen participation, and volunteerism is of enormous benefit in building a better community and a better sense of one’s own wellbeing; and WHEREAS, the active involvement of citizens is needed today more than ever to combat growing human and social problems, to renew our belief that these problems can be solved and to strengthen our sense of community; and WHEREAS, volunteering offers all, young and old, the opportunity to participate in the life of their community and to link their talents and resources to address some of the major issues facing our counties, such as education, hunger, the needs of youths, and the needs of our elderly; and WHEREAS, agencies that benefit from volunteers should show their appreciation and recognition to the many volunteers who possess numerous skills and talents, which they generously and enthusiastically apply to a variety of community tasks, and encourage others to participate in programs as volunteers; and WHEREAS, twenty adults in Chesterfield County, aged 60- plus, have donated 180,534 hours of volunteer service since they have attained the age of 60 and were nominated for the Chesterfield Senior Volunteer Hall of Fame. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 28th day of June 2023, publicly recognizes Ms. Linda Hudgens, Ms. Alice Mitchell and Ms. Audrey Ross, who were selected among the twenty and were inducted into the Chesterfield Senior Volunteer Hall of Fame on June 28th, 2023 and expresses appreciation to these dedicated volunteers who contribute immeasurably to various programs throughout the area to strengthen our county and build bridges to the future. AND, BE IT FURTHER RESOLVED that a copy of this resolution be presented to Ms. Hudgens, Ms. Mitchell and Ms. Ross, and this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Ayes: Carroll, Ingle, Winslow, Holland and Miller. Nays: None. 23-149 6/28/2023 Mr. Hudgens, Ms. Mitchell and Ms. Ross were presented with the executed resolutions. Mr. Carroll congratulated Ms. Hudgens, Ms. Mitchell and Ms. Ross on their outstanding achievements and wished them well in future endeavors. 12.B. RECOGNITION OF OLDER AMERICANS MONTH AND OLDER AMERICANS MONTH STUDENT ESSAY CONTEST WINNERS Ms. van Aartrijk stated Older American Month is observed in Chesterfield County, the Commonwealth of Virginia and the nation in May to show appreciation for the older adults in the community. She further stated the theme for this year – Aging Unbound, offers an opportunity to explore diverse aging experiences and discuss how communities can combat against stereotypes. Miss Lillian Sanderson, winner of the Older Americans Month Essay Contest and 4th grader at Millwood Elementary School, read her essay about her grandmother. All Board members congratulated the Miss Sanderson and stressed the importance of recognizing older adults and the loved one who inspired their essays. 12.C. RESOLUTION RECOGNIZING MR. RICHARD A. POOLE JR., UTILITIES DEPARTMENT, UPON HIS RETIREMENT Mr. George Hayes, Director of the Utilities Department, introduced Mr. Richard A. Poole Jr., who was present to the receive the resolution. On motion of Mr. Holland, seconded by Mr. Ingle, the Board adopted the following resolution: WHEREAS, Mr. Richard Allen Poole, Jr. will retire from the Chesterfield County Utilities Department on July 1, 2023, after providing over 45 years of quality service to the residents of Chesterfield County; and WHEREAS, Mr. Poole has faithfully served the county in the capacity of Meter Reader, Miss Utility Locator, and Construction Inspector; and WHEREAS, on October 3, 1977, Mr. Poole began his career with Utilities where he assisted with the expansion of the public water system from 575 miles of pipe and 24,624 customers to 2,089 miles of pipe and 119,241 customers and the public wastewater system from 570 miles of pipe and 14,564 customers to 2,210 miles of pipe and 101,858 customers; and WHEREAS, Mr. Poole was responsible for ensuring the public’s health and safety by inspecting and testing water and wastewater improvements associated with new residential subdivisions, commercial and industrial developments, and projects completed by the VDOT; and 23-150 6/28/2023 WHEREAS, Mr. Poole possessed considerable knowledge in the construction of public water and wastewater systems and was proficient in applying sound judgment and problem-solving techniques to resolve issues; and WHEREAS, Mr. Poole was the creator of Utilities’ Historical Committee where he was committed to preserving artifacts related to public water and wastewater infrastructure, highlighting special items and set the standard for being a proud and dedicated Utilities’ employee; and WHEREAS, Mr. Poole voluntarily took over the responsibility for coordinating the monthly preparation and publishing of the Utilities’ periodic employee newsletter, the Tripod Times, upon the unexpected passing of its previous editor; and WHEREAS, Mr. Poole was known for his customer service skills with an unwavering resolve to treat citizens as he would want to be treated and had a reputation for always doing the right thing for the County’s residents and the Utilities Department; and WHEREAS, Mr. Poole will always be known as a friend to the many staff and residents of the county as displayed by his efforts with the Philips Volunteer Fire Department, at the voting polls, and with the restoration of the historic Summerseat House in Ettrick. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 28th day of June, publicly recognizes the outstanding contributions of Mr. Richard Allen Poole, Jr. and extends on behalf of its members and the citizens of Chesterfield County, appreciation for his service to the county, congratulations upon his retirement, and best wishes for a long and happy retirement. AND, BE IT FURTHER RESOLVED that a copy of this resolution be presented to Richard Allen Poole, Jr. and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Ayes: Carroll, Ingle, Winslow, Holland and Miller. Nays: None. Mr. Carroll presented the executed resolution to Mr. Poole and expressed appreciation for his outstanding service to the county. Dr. Casey presented Mr. Poole with an engraved brick, expressed appreciation for his many years of dedicated service to the county and wished him well in his retirement. Mr. Poole expressed appreciation for staff whom he worked with during his career. A standing ovation followed. 23-151 6/28/2023 12.D. RECOGNIZING SERGEANT CHRISTOPHER W. HUGATE, POLICE DEPARTMENT, UPON HIS RETIREMENT Colonel Jeff Katz, Police Chief, introduced Sergeant Christopher W. Hugate, who was present to the receive the resolution. On motion of Mr. Carroll, seconded by Mr. Winslow, the Board adopted the following resolution: WHEREAS, Sergeant Christopher W. Hugate will retire from the Chesterfield County Police Department on July 1, 2023 after providing nearly 27 years of quality service to the residents of Chesterfield County; and WHEREAS, Sergeant Hugate faithfully served the county as a Patrol Officer, Senior Police Officer, Master Police Officer, Career Police Officer, Corporal and Sergeant; and WHEREAS, during his tenure, Sergeant Hugate has also served as a Field Training Officer, General Instructor, Driving Instructor, K-9 Officer, School Resource Officer and Community Policing Officer; and WHEREAS, Sergeant Hugate served as a member of the Marine Patrol, SWAT Team, and the Peer Support Team; and WHEREAS, Sergeant Hugate assisted in the development in the first “Come Home Alive” program which was a county wide teen driving program; WHEREAS, Sergeant Hugate received an Achievement Award for a program he developed jointly with Chesterfield Fire and EMS to bring awareness to students of the dangers of underage drinking and driving. The program was nominated for a national award through the Mothers Against Drunk Driving organization; and WHEREAS, Sergeant Hugate received a Unit Citation while serving as a member of the Emergency Response Team. The team achieved national recognition for the significant number of critical incidents that were successfully and safely concluded over many years; and WHEREAS, Sergeant Hugate earned a Meritorious Service award recognizing his exceptional performance on the SWAT team for over 8 years during which time he helped resolve numerous high-risk critical incidents and tactical situations, demonstrated fearless courage in the face of volatile and quickly changing circumstances and ultimately saved lives; and WHEREAS, Sergeant Hugate received a Combat Ribbon as a member of the Police Emergency Response Team where he was fired upon at a residence by a suspect during a domestic dispute that turned into a hostage situation that evolved into an eight- hour standoff; WHEREAS, Sergeant Hugate contributed to school safety at Chesterfield schools for sixteen years during his tenure, both as a School Resource Officer (SRO) and as an SRO supervisor where he has coached and mentored new School Resource Officers; and 23-152 6/28/2023 WHEREAS, Sergeant Hugate has been known by the nickname of “Happy” for his entire career, which is a testament to his consistent personality; and WHEREAS, Sergeant Hugate is recognized for his 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, Sergeant Hugate has received numerous letters of commendation, thanks and appreciation for services rendered; and 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 Sergeant Hugate's diligent service. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 28th day of June 2023, publicly recognizes Sergeant Christopher W. Hugate and extends on behalf of its members and the residents of Chesterfield County, appreciation for his service to the county, congratulations upon his retirement, and best wishes for a long and happy retirement. AND, BE IT FURTHER RESOLVED that a copy of this resolution be presented to Sergeant Hugate, and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Ayes: Carroll, Ingle, Winslow, Holland and Miller. Nays: None. Mr. Carroll presented the executed resolution to Sergeant Hugate, accompanied by members of his family, and expressed appreciation for his outstanding service to the county. Dr. Casey presented Sergeant Hugate with an engraved brick, expressed appreciation for his many years of dedicated service to the county and wished him well in his retirement. Sergeant Hugate expressed appreciation for staff whom he worked with during his career. A standing ovation followed. 13. NEW BUSINESS 13.A. APPOINTMENTS 13.A.1. BRIGHTPOINT COMMUNITY COLLEGE LOCAL BOARD On motion of Mr. Winslow, seconded by Mr. Holland, the Board nominated/ reappointed Dr. Joe Tylus and appointed Mr. Eldon Burton to serve on the Brightpoint Community College Local Board, whose terms are effective July 1, 2023, and will expire June 30, 2027. Ayes: Carroll, Ingle, Winslow and Holland. Nays: None. Abstain: Miller. 23-153 6/28/2023 13.A.2. ECONOMIC DEVELOPMENT AUTHORITY On motion of Mr. Ingle, seconded by Mr. Holland, the Board nominated/reappointed Ms. Terri Beirne and Ms. Danielle Fitz- Hugh and appointed Mr. Robert P. Vaughn to serve on the Economic Development Authority, whose terms are effective July 1, 2023, and will expire June 30, 2027. Ayes: Carroll, Ingle, Winslow, Holland and Miller. Nays: None. 13.A.3. HEALTH CENTER COMMISSION On motion of Mr. Winslow, seconded by Mr. Ingle, the Board nominated/reappointed Mr. Ralph Taylor and Mr. Rick Witthoefft to serve on the Health Center Commission, whose terms are effective July 1, 2023, and will expire June 30, 2027. Ayes: Carroll, Ingle, Winslow, Holland and Miller. Nays: None. 13.A.4. COMMUNITY CRIMINAL JUSTICE BOARD On motion of Mr. Holland, seconded by Mr. Ingle, the Board nominated/reappointed/appointed the following individuals to serve on the Community Criminal Justice Board and whose terms are effective July 1, 2023, and will expire June 30, 2025: • Honorable Stacey Davenport, Commonwealth's Attorney, Chesterfield County • Kelly Fried, Executive Director, Chesterfield Department of Mental Health Support Services • Ryan M. Jones, Chief Magistrate, Chesterfield County • Sheriff Karl Leonard, Reappointment Sheriff, Chesterfield County • Honorable Matthew D. Nelson, General District Court Judge, Chesterfield County • Honorable J. David Rigler, Juvenile & Domestic Relations Court Judge, Chesterfield County • Dr. James Worsley, Chesterfield County Government Representative • William E. Feasenmyer, Colonial Heights Citizen Representative • Honorable Alfred Gray Collins, III, Commonwealth’s Attorney, City of Colonial Heights • My'chael D. Jefferson-Reese, Chief Public Defender, Chesterfield County Ayes: Carroll, Ingle, Winslow, Holland and Miller. Nays: None. 23-154 6/28/2023 13.B. CONSENT ITEMS 13.B.1. ADOPTION OF RESOLUTIONS 13.B.1.a. RECOGNIZING FIREFIGHTER DOMINICK M. SPINOS, FIRE AND EMERGENCY MEDICAL SERVICES DEPARTMENT, UPON HIS RETIREMENT On motion of Mr. Winslow, seconded by Mr. Holland, the Board adopted the following resolution: WHEREAS, Firefighter Dominick M. Spinos retired from the Chesterfield County Fire and Emergency Medical Services Department, on March 1, 2023, and WHEREAS, Firefighter Spinos completed Recruit School #33 in 2003 and has faithfully served the county for twenty years in various assignments as a firefighter at the Clover Hill, Manchester Rescue Squad, Courthouse Road, Chester, Matoaca, and Rivers Bend Fire and EMS stations; and WHEREAS, Firefighter Spinos served the citizens as a Nationally Registered Emergency Medical Technician at the Paramedic level beginning in October 2009; and WHEREAS, Firefighter Spinos served as a member of the Chesterfield County Fire and EMS Standing Apparatus Committee beginning in October 2011; and WHEREAS, Firefighter Spinos was awarded a Special Chief’s Award as a result of his actions that demonstrated his commitment to serving the citizens of Chesterfield County, for assisting an elderly citizen who had fallen in a Home Depot parking lot in 2004; and WHEREAS, Firefighter Spinos was awarded an EMS Unit Citation for his involvement in the successful outcome of an automobile accident where a patient was ejected and a child was trapped inside the vehicle on April 18, 2006; and WHEREAS, Firefighter Spinos was awarded a Unit Citation for his involvement in the successful outcome of a significant interior gas leak at Hyde Park Apartments on June 29, 2013; and NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors recognizes the contributions of Firefighter Dominick M. Spinos, expresses the appreciation of all citizens for his service to the county, and extends their appreciation for his dedicated service and their congratulations upon his retirement. Ayes: Carroll, Ingle, Winslow, Holland and Miller. Nays: None. 23-155 6/28/2023 13.B.1.b. RECOGNIZING MS. SHERRY S. DUNBAR, FIRE AND EMERGENCY MEDICAL SERVICES DEPARTMENT UPON HER RETIREMENT On motion of Mr. Winslow, seconded by Mr. Holland, the Board adopted the following resolution: WHEREAS, Sherry Dunbar retired from Chesterfield Fire and Emergency Medical Services Department, Chesterfield County, on July 1, 2023; and WHEREAS, Ms. Dunbar began her career as a part-time administrative analyst in 1996, and later was promoted to full- time administrative analyst in 2000, senior administrative analyst in 2006, and financial manager in 2014; and WHEREAS, Ms. Dunbar has faithfully served the fire and EMS department for twenty-seven years and distinguished herself for her knowledge, skills and abilities in accounting practices, budget management and payroll processing; and WHEREAS, during Ms. Dunbar’s service, she served four of the five fire chiefs for Chesterfield, experienced the department’s development, growth, and expansion as demonstrated by her first operating budget, developed in FY2000 totaling $25,452,700 with 354 employees to the FY2023 operating budget totaling $75,567,889 with 553 employees; and WHEREAS, Ms. Dunbar has mentored and trained many employees in accounting and payroll processes; and WHEREAS, Ms. Dunbar was instrumental in starting the fire department’s non-profit organization, Citizens Against Residential Emergencies (CARES) in 2000 and has been the Treasurer since its inception. Through CARES, the department has provided nearly two million dollars in support to the community, assisted citizens before and after emergencies, funded many fire and life safety initiatives, supported employee professional development and operational enhancements, facilitated employee service recognition and scholarship funding and helped fund the Fire & EMS Memorial Wall; and WHEREAS, Ms. Dunbar assisted in the implementation of the revenue recovery funding program in 2003, managing revenue and expenditures from $1,650,000 in FY2003 to $8,100,000 in FY2023; and WHEREAS, in 2008, Ms. Dunbar was a member of the implementation team for the County’s automated InFocus Financial System, requiring approximately 2 years to fully implement, to include department training and developing new budget and workflow processes for a smooth transition; and WHEREAS, in 2010, Ms. Dunbar was an instrumental member in the development of the TeleStaff/InFocus interface which transitioned a paper process for employee time and attendance to a more efficient and accurate automated system providing more efficient processing with better accuracy, reporting and auditing capabilities; and WHEREAS, Ms. Dunbar has been responsible for the effective management, documentation, reporting and auditing of more than $12,000,000 in federal, state, and private grants; and 23-156 6/28/2023 NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors recognizes the contributions of Ms. Sherry S. Dunbar and expresses the appreciation of all residents for her service to the County, and extends their appreciation for her dedicated service and their congratulations upon her retirement. AND, BE IT FURTHER RESOLVED, that a copy of this resolution be presented to Ms. Sherry S. Dunbar and that this resolution be permanently recorded among the papers of the Board of Supervisors of Chesterfield County, Virginia. Ayes: Carroll, Ingle, Winslow, Holland and Miller. Nays: None. 13.B.1.c. RECOGNIZING MS. LISA J. SCOTT, POLICE DEPARTMENT, UPON HER RETIREMENT On motion of Mr. Winslow, seconded by Mr. Holland, the Board adopted the following resolution: WHEREAS, Lisa J. Scott will retire from the Chesterfield County Police Department on July 1, 2023 after providing over 35 years of outstanding quality service to the residents of Chesterfield County; and WHEREAS, Ms. Scott began her career with the county in 1988 as a Police Aide and continued to faithfully serve as an Administrative Secretary, Administrative Officer, Human Resources Specialist, Human Resources Analyst, Administrative Manager and Human Resources Administrator; and WHEREAS, Ms. Scott had the distinct honor of being chosen as the Civilian Employee of the Year in 1992, 2006 and more recently in 2020, and each of the awards was consistent in praising her strong work ethic, leadership and compassionate customer service and advice provided to all the Police Department officers and civilian employees with whom she interacted; and WHEREAS, Ms. Scott received two Unit Citations in recognition of her contributions to two different Personnel Division initiatives to reengineer and accelerate the Police Officer hiring process and increase recruiting strategies to more effectively market the Police Officer job with the objective of filling all vacant Police Officer positions; and WHEREAS, Ms. Scott received a Unit Citation while working under adverse working conditions for her significant contributions during the COVID pandemic, continuing to work on-site while much of the county was teleworking, accomplishing all the detailed and labor-intensive personnel functions necessary to facilitate three recruit basic academies launched during that period which resulted in all authorized Police Officer positions being filled for the first time in 25 years; and WHEREAS, Ms. Scott generously shared her time, knowledge and advice with sworn officers, professional staff and direct reports by maintaining an open door policy, assisted her direct reports and many others with their career and personal development, and worked to improve processes and procedures for her employees which facilitated their enhanced job performance and job satisfaction; and 23-157 6/28/2023 WHEREAS, Ms. Scott was consistently praised by her supervisors over many years for her communications and interpersonal skills while always assisting police department members with empathy, especially with her handling of personal issues and sensitive matters; and WHEREAS, Ms. Scott has received several letters of thanks and appreciation for services rendered; and WHEREAS, Ms. Scott has provided the Chesterfield County Police Department with many years of loyal and dedicated service; and WHEREAS, Ms. Scott has contributed to ensuring the Police Personnel Division will continue to excel with efficiency and customer service upon her retirement by facilitating a reorganization that allows for the decentralization of job tasks that closely mirrors the model set forth by Chesterfield County Human Resources; and WHEREAS, Chesterfield County and the Board of Supervisors will miss Ms. Scott's diligent service. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors publicly recognizes Lisa J. Scott and extends on behalf of its members and the residents of Chesterfield County, appreciation for her service to the county, congratulations upon her retirement, and best wishes for a long and happy retirement. Ayes: Carroll, Ingle, Winslow, Holland and Miller. Nays: None. 13.B.1.d. RECOGNIZING LIEUTENANT COLONEL CHRISTOPHER J. HENSLEY, POLICE DEPARTMENT, UPON HIS RETIREMENT On motion of Mr. Winslow, seconded by Mr. Holland, the Board adopted the following resolution: WHEREAS, Lieutenant Colonel Christopher J. Hensley will retire from the Chesterfield County Police Department on July 1, 2023 after providing over 35 years of outstanding quality service to the citizens of Chesterfield County; and WHEREAS, Lieutenant Colonel Hensley began his law- enforcement career in 1988 as a Patrol Officer and continued his faithful service to the county as a Detective, Detective First Class, Senior Detective, Sergeant, Lieutenant, Captain, Major, and has served as Deputy Chief of Operations for over five years; and WHEREAS, during his tenure, Lieutenant Colonel Hensley also served as a Breathalyzer Operator, Firearms Instructor, SWAT Team Operator, Precision Rifleman, SWAT Team Leader, and SWAT Team Commander; and WHEREAS, Lieutenant Colonel Hensley earned a Meritorious Service Award and a Unit Citation in recognition of his decisive leadership and exceptional performance during nearly twenty-two years of service on the Police Emergency Response Team (PERT), contributing to the safe resolution of a significant number of high-risk incidents with countless lives being saved; and 23-158 6/28/2023 WHEREAS, Lieutenant Colonel Hensley devoted over seven years of leadership while in command of PERT (Police Emergency Response Team) where he led SWAT Team Operators and Negotiators through some of the most dangerous operations encountered by law enforcement and has greatly contributed to the safe resolution of numerous tactical operations; and WHEREAS, Lieutenant Colonel Hensley was presented with a Unit Citation for his tireless efforts and unselfish dedication during two concurrent drug investigations resulting in the successful conclusion of both cases involving several states and Canada, with multiple arrests and the seizure of nearly $400,000, more than sixteen vehicles, and a significant quantity of illegal drugs; and WHEREAS, Lieutenant Colonel Hensley received a Unit Citation while serving on the Anti-Crime Task Force investigating the death of two business owners. The around the clock surveillance and evidence collection was critical to the arrest of the suspects and prosecution of the case; and WHEREAS, Lieutenant Colonel Hensley earned a Chief's Commendation for his participation on a robbery task force formed following a series of commercial robberies within the same vicinity. Through keen observation skills and intense investigative efforts, suspects were identified and arrested before another business became victim to their criminal activity; and WHEREAS, Lieutenant Colonel Hensley served as the Chesterfield County Homeland Security and Operational Preparedness coordinator with responsibility for all facets of emergency planning for disaster readiness from terrorist attack; and WHEREAS, Lieutenant Colonel Hensley is recognized for his professionalism and teamwork, his strong work-ethic and his excellent human relations skills, all of which he has utilized within the Police Department and in assisting citizens of Chesterfield County during his career; and WHEREAS, Lieutenant Colonel Hensley, during his tenure, has received numerous letters of commendation, thanks and appreciation for services rendered; and WHEREAS, Lieutenant Colonel Hensley 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 Lieutenant Colonel Hensley's diligent service. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors publicly recognizes Lieutenant Colonel Christopher J. Hensley and extends on behalf of its members and the citizens of Chesterfield County, appreciation for his service to the county, congratulations upon his retirement, and best wishes for a long and happy retirement. Ayes: Carroll, Ingle, Winslow, Holland and Miller. Nays: None. 23-159 6/28/2023 13.B.a.e. RECOGNIZING SERGEANT JEFFREY A. KENCITZSKI, POLICE DEPARTMENT, UPON HIS RETIREMENT On motion of Mr. Winslow, seconded by Mr. Holland, the Board adopted the following resolution: WHEREAS, Sergeant Jeffrey A. Kencitzski will retire from the Chesterfield County Police Department on September 1, 2023 after providing nearly 27 years of quality service to the residents of Chesterfield County; and WHEREAS, Sergeant Kencitzski began his career as a Patrol Officer and continued to faithfully serve the county as a Senior Police Officer, Master Police Officer, and Sergeant; and WHEREAS, during his tenure, Sergeant Kencitzski has also served as a Field Training Officer, Community Policing Officer and Peer Counselor; and WHEREAS, Sergeant Kencitzski was recognized with a Chief’s Commendation and a Unit Citation award for his role on a task force of officers responsible for successfully reducing the number of crimes in the Ettrick area and for the consistently positive impacts the efforts made on the community; and WHEREAS, Sergeant Kencitzski earned an Achievement Award for his participation with other officers and the FBI in an extensive investigation with national connections into counterfeit items and money laundering that yielded hundreds of thousands of dollars in counterfeit products, fake IDs and illegal documents, $100,000 in cash, and resulted in nine suspects being arrested on twenty-one felony charges; and WHEREAS, Sergeant Kencitzski was presented with a Chief’s Commendation and a Virginia Retail Merchants Association Valor Award for his actions after the report of a suspect threatening customers with a loaded weapon at a local restaurant and lounge. Sergeant Kencitzski confronted the suspect, observed him pull a weapon from under his shirt, immediately grabbed the suspect and disarmed him with no harm to customers and no disruption to the business; and WHEREAS, Sergeant Kencitzski received the National Service Award for his two-week deployment to Mississippi to assist fellow law enforcement officers and the citizens of Mississippi while under extremely difficult conditions following the devastation of Hurricane Katrina; and WHEREAS, Sergeant Kencitzski earned the Life-Saving Award for his actions upon responding to the scene of an unconscious male who was not breathing. Sergeant Kencitzski performed chest compressions until EMS technicians arrived. His actions directly contributing to the survival of the individual; and WHEREAS, Sergeant Kencitzski was awarded a Combat Ribbon, Police Star and Valor Award for his response to a call for service where a subject had discharged a firearm inside of his residence. Upon arrival, Sergeant Kencitzski and a fellow officer were able to safely move two women sitting outside the residence to safety. The subject in the home pointed a rifle and shot at the officers through the glass door. Both Sergeant Kencitzski and his fellow officer returned fire, resolving the danger. Sergeant Kencitzski demonstrated heroism while protecting two potential victims and the surrounding community; and 23-160 6/28/2023 WHEREAS, Sergeant Kencitzski was recognized with a Chief’s Commendation for his quick actions when he and a fellow officer were waiting outside a church for funeral escort duty when shots were fired. Sergeant Kencitzski entered the building as attendees were fleeing. The building was able to be cleared and order restored with no one being struck by gun fire; and WHEREAS, Sergeant Kencitzski is recognized for his 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, Sergeant Kencitzski has received numerous letters of commendation, thanks and appreciation for services rendered; and WHEREAS, Sergeant Kencitzski 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 Sergeant Kencitzski's diligent service. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors publicly recognizes Sergeant Jeffrey A. Kencitzski and extends on behalf of its members and the residents of Chesterfield County, appreciation for his service to the county, congratulations upon his retirement, and best wishes for a long and happy retirement. Ayes: Carroll, Ingle, Winslow, Holland and Miller. Nays: None. 13.B.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 NORTH OTTERDALE ROAD FROM OUR LAW LLC On motion of Mr. Winslow, seconded by Mr. Holland, the Board accepted the conveyance of a parcel of land containing 0.339 acres adjacent to North Otterdale Road from Our Law LLC and authorized the County Administrator to execute the deed. Ayes: Carroll, Ingle, Winslow, Holland and Miller. Nays: None. 13.B.2.a.2. ACCEPTANCE OF A PARCEL OF LAND ADJACENT TO IRON BRIDGE ROAD FROM M. H. OMOHUNDRO, JR. ESTATE On motion of Mr. Winslow, seconded by Mr. Holland, the Board accepted the conveyance of a parcel of land 10’ wide containing 0.09+/- acres adjacent to Iron Bridge Road from M. H. Omohundro, Jr. estate and authorized the County Administrator to execute the deed. Ayes: Carroll, Ingle, Winslow, Holland and Miller. Nays: None. 23-161 6/28/2023 13.B.2.a.3. ACCEPTANCE OF A PARCEL OF LAND ADJACENT TO IRON BRIDGE ROAD FROM JOHN NETTO On motion of Mr. Winslow, seconded by Mr. Holland, the Board accepted the conveyance of a parcel of land containing 0.048 acres adjacent to Iron Bridge Road from John Netto and authorized the County Administrator to execute the deed. Ayes: Carroll, Ingle, Winslow, Holland and Miller. Nays: None. 13.B.2.a.4. ACCEPTANCE OF A PARCEL OF LAND ADJACENT TO BELLWOOD ROAD FROM BELLWOOD ROAD OWNER LLC On motion of Mr. Winslow, seconded by Mr. Holland, the Board accepted the conveyance of three parcels of land containing a total of 0.130 acres adjacent to Bellwood Road from Bellwood Road Owner LLC and authorized the County Administrator to execute the deed. Ayes: Carroll, Ingle, Winslow, Holland and Miller. Nays: None. 13.B.2.b. CONVEYANCE OF EASEMENTS 13.B.2.b.1. TO CONSIDER CONVEYANCE OF AN UNDERGROUND AND OVERHEAD EASEMENT TO VIRGINIA ELECTRIC AND POWER COMPANY AT THE MATOACA FIRE AND EMS STATION #8 On motion of Mr. Winslow, seconded by Mr. Holland, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute an agreement with Virginia Electric and Power Company for an Underground and Overhead Easement for the Matoaca Fire and EMS Station #8. Ayes: Carroll, Ingle, Winslow, Holland and Miller. Nays: None. 13.B.2.c. REQUESTS TO QUITCLAIM 13.B.2.c.1. REQUEST TO QUITCLAIM PORTIONS OF SEWER EASEMENTS, AND PORTIONS OF A SWM/BMP EASEMENT ACROSS THE PROPERTY OWNED BY 12801 BRIGGS PROPERTY OWNER, LLC On motion of Mr. Winslow, seconded by Mr. Holland, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute a quitclaim deed to quitclaim portions of sewer easements, and portions of a SWM/BMP easement across the property owned by 12801 Briggs Property Owner, LLC. Ayes: Carroll, Ingle, Winslow, Holland and Miller. Nays: None. 23-162 6/28/2023 13.B.2.c.2. REQUEST TO QUITCLAIM A PORTION OF A SMW/BMP EASEMENTS ACROSS THE PROPERTY OWNED BY WOOLRIDGE DEVELOPMENT LC On motion of Mr. Winslow, seconded by Mr. Holland, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute a quitclaim deed to quitclaim a portion of a SWM/BMP easement across the property owned by Woolridge Development LC. Ayes: Carroll, Ingle, Winslow, Holland and Miller. Nays: None. 13.B.2.c.3. REQUEST TO QUITCLAIM A 16’ DRAINAGE EASEMENT (PUBLIC) ACROSS THE PROPERTIES OWNED BY COALFIELD ROAD DEVELOPMENT COMPANY, L.L.C. On motion of Mr. Winslow, seconded by Mr. Holland, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute a quitclaim deed to quitclaim a 16’ drainage easement (public) across the properties owned by Coalfield Road Development Company, L.L.C. Ayes: Carroll, Ingle, Winslow, Holland and Miller. Nays: None. 13.B.2.c.4. REQUEST TO QUITCLAIM REQUEST TO QUITCLAIM PORTIONS OF SEWER EASEMENTS, PORTIONS OF A DRAINAGE EASEMENT AND MAINTENANCE CONTRACT, PORTIONS OF A DRAINAGE EASEMENT (PRIVATE), AND A PORTION OF A STORM DETENTION EASEMENT ACROSS THE PROPERTIES OWNED BY BLUE & GRAY SELF STORAGE, 60 WEST L.L.C., WINTERFIELD CROSSING OWNERS’ ASSOCIATION, INC., SUMMERFIELD APARTMENTS, LLC AND WINTERFIELD CROSSING LAND LLC On motion of Mr. Winslow, seconded by Mr. Holland, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute a quitclaim deed to quitclaim portions of sewer easements, portions of a drainage easement and maintenance contract, portions of a drainage easement (private), and a portion of a storm detention easement across the properties owned by Blue & Gray Self Storage, 60 West L.L.C., Winterfield Crossing Owners’ Association, Inc., Summerfield Apartments, LLC and Winterfield Crossing Land LLC. Ayes: Carroll, Ingle, Winslow, Holland and Miller. Nays: None. 13.B.2.c.5. REQUEST TO VACATE AND REDEDICATE A VARIABLE WIDTH SEWER AND WATER EASEMENT ACROSS THE PROPERTIES OF MOORES LAKE DEVELOPMENT, LLC On motion of Mr. Winslow, seconded by Mr. Holland, the Board authorized the Chair of the Board and County Administrator to execute an agreement to vacate and rededicated a variable width sewer and water easement across the properties of Moores Lake Development, LLC. Ayes: Carroll, Ingle, Winslow, Holland and Miller. Nays: None. 23-163 6/28/2023 13.B.2.d. REQUESTS FOR PERMISSION 13.B.2.d.1. APPROVAL OF MEMORANDUM OF AGREEMENT BETWEEN THE VIRGINIA DEPARTMENT OF JUVENILE JUSTICE AND THE CHESTERFIELD JUVENILE DETENTION HOME On motion of Mr. Winslow, seconded by Mr. Holland, the Board approved the Memorandum of Agreement (MOA) to allow the Chesterfield Juvenile Detention Home (CJDH) to continue to provide a Community Placement Program (CPP), which includes housing, education and rehabilitative services for state- committed youth as an alternative to juvenile correctional alternative program. Ayes: Carroll, Ingle, Winslow, Holland and Miller. Nays: None. 13.B.2.d.2. REQUEST PERMISSION TO ALLOW PROPOSED PRIVATE WATER SERVICE LINES WITHIN A PROPOSED PRIVATE WATER EASEMENT TO SERVE THE PROPERTIES AT 10221 AND 10225 ELOKOMIN AVENUE On motion of Mr. Winslow, seconded by Mr. Holland, the Board granted permission to allow proposed private water service lines within a proposed private water easement to serve properties at 10221 and 10225 Elokomin Avenue and authorized the County Administrator to execute the water connection agreement. Ayes: Carroll, Ingle, Winslow, Holland and Miller. Nays: None. 13.B.2.d.3. TO CONSIDER THE EXERCISE OF EMINENT DOMAIN FOR THE ACQUISITION OF AN EASEMENT FOR THE HOPKINS ROAD WATER LINE PROJECT On motion of Mr. Winslow, seconded by Mr. Holland, the Board set July 26, 2023, as the date to hold a public hearing to consider the exercise of eminent domain for the acquisition of an easement for the Hopkins Road Water Line Project. Ayes: Carroll, Ingle, Winslow, Holland and Miller. Nays: None. 13.B.3. AUTHORIZE USE OF DISTRICT ENHANCEMENT CAPITAL IMPROVEMENT FUNDS (DECIF) On motion of Mr. Winslow, seconded by Mr. Holland, the Board authorized the use of District Enhancement Capital Improvement funds as outlined in the Summary of Information section, including authorization to advertise and award construction contracts and change orders, up to the full amount budgeted for each project, and execution of any agreements necessary to complete the project. Ayes: Carroll, Ingle, Winslow, Holland and Miller. Nays: None. 23-164 6/28/2023 13.B.4. AUTHORIZE A WAIVER IN FY2023 OF THE ROLLOVER CAP ON DISTRICT IMPROVEMENT FUNDS TO MAKE FUND AVAILABLE IN FY2024 On motion of Mr. Winslow, seconded by Mr. Holland, the Board authorized a waiver in FY2023 of the Rollover Cap on District Improvement Funds to make funds available in FY2024. Ayes: Carroll, Ingle, Winslow, Holland and Miller. Nays: None. 13.B.5. ACCEPT AND APPROPRIATE GRANT FUNDS FROM THE COMMONWEALTH OF VIRGINIA DEPARTMENT OF CRIMINAL JUSTICE SERVICES FOR CONTINUATION OF JAIL MENTAL HEALTH TREATMENT PROGRAMS On motion of Mr. Winslow, seconded by Mr. Holland, the Board authorized the County Administrator to accept and appropriate the FY2024 DCJS grant award of $324,073 for continuation of the Jail Mental Health Program at the Chesterfield County Jail. Ayes: Carroll, Ingle, Winslow, Holland and Miller. Nays: None. 13.B.6. ACCEPT 2023 ARPA GRANT FROM THE VIRGINIA DEPARTMENT OF CRIMINAL JUSTICE SERVICES On motion of Mr. Winslow, seconded by Mr. Holland, the Board accepted and appropriated $555,000 from the Virginia Department of Criminal Justice Services 2023 ARPA grant program for various equipment purchases for the Police Department. Ayes: Carroll, Ingle, Winslow, Holland and Miller. Nays: None. 13.B.7. TRANSFER OF FUNDS AND AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT FOR THE BON AIR PEDESTRIAN/BIKE IMPROVEMENTS, PHASE 2 PROJECT On motion of Mr. Winslow, seconded by Mr. Holland, the Board took the following actions for the Bon Air Pedestrian/Bike Improvements, Phase 2 Project: 1. Transferred $1,200,000 from General Road Improvement Account; and 2. Authorized the Director of Procurement to award a construction contract up to a value of $1,350,000 to the lowest responsive and responsible bidder and to execute all necessary change orders up to the full amount budgeted for the project. Ayes: Carroll, Ingle, Winslow, Holland and Miller. Nays: None. 23-165 6/28/2023 13.B.8. APPROPRIATION OF FUNDS AND AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT FOR THE MCRAE ROAD (FOREST HILL AVENUE TO ROCKAWAY ROAD) SIDEWALK PROJECT On motion of Mr. Winslow, seconded by Mr. Holland, the Board took the following actions for the McRae Road (Forest Hill Avenue to Rockaway Road) Sidewalk Project: 1. Appropriated $160,000 in Secondary Roads funds; and 2. Authorized the Director of Procurement to award a construction contract in the amount of $5,155,985 to Shirley Contracting, LLC and to execute all necessary change orders up to the full amount budgeted for the project. Ayes: Carroll, Ingle, Winslow, Holland and Miller. Nays: None. 13.B.9. AUTHORIZE THE USE OF CONSULTANT SERVICES FOR JOB ORDER CONTRACTS On motion of Mr. Winslow, seconded by Mr. Holland, the Board authorized the Director of Procurement to award Job Order Contracts up to the individual project budget, to include change orders, up to the Virginia Public Procurement Act (VPPA) maximum of $500,000. Ayes: Carroll, Ingle, Winslow, Holland and Miller. Nays: None. 13.B.10. AWARD OF CONSTRUCTION CONTRACT FOR COUNTY PROJECT HVAC REPLACEMENT ADDITION EVANS WATER TREATMENT LAB On motion of Mr. Winslow, seconded by Mr. Holland, the Board authorized the Director of Procurement to award the construction contract to Colonial Webb Contractors in the amount of $1,220,370.00 and execute all necessary change orders up to the full amount budgeted for the HVAC Replacement Addison Evans Water Treatment Lab. Ayes: Carroll, Ingle, Winslow, Holland and Miller. Nays: None. 13.B.11. DISSOLUTION OF THE CHIPPENHAM PLACE CDA On motion of Mr. Winslow, seconded by Mr. Holland, the Board approved the following resolution to dissolve the Chippenham Place CDA: RESOLUTION CONCURRING IN THE DECLARATIONS AND FINDINGS OF THE CHIPPENHAM PLACE COMMUNITY DEVELOPMENT AUTHORITY AND AUTHORIZING THE DISSOLUTION OF SUCH AUTHORITY AND THE EXECUTION OF DOCUMENTS IN CONNECTION THEREWITH 23-166 6/28/2023 WHEREAS, in accordance with the provisions of the Virginia Water and Waste Authorities Act, the Board of Supervisors of the County of Chesterfield, Virginia (the “Board”), acting by and on behalf of the County of Chesterfield, Virginia (the “County”), adopted an ordinance on June 25, 2008, establishing the Chippenham Place Community Development Authority (the “CDA”) for the purpose of financing certain public improvements described in such ordinance (the “Public Improvements”); WHEREAS, the CDA’s Articles of Incorporation were approved and a certificate of incorporation was issued by the Virginia State Corporation Commission on September 15, 2008; WHEREAS, the CDA financed the cost of the Public Improvements through the issuance of its Special Assessment Revenue Note, Series 2011 (the “2011 Note”), in October 2011; WHEREAS, the CDA issued its Special Assessment Revenue Note, Series 2014 (the “2014 Note”), and exchanged it for the 2011 Note in December 2014; WHEREAS, the CDA refunded the 2014 Note and refinanced the cost of the Public Improvements through the issuance of its Special Assessment Revenue Note, Series 2017 (the “2017 CDA Note”), in May 2017; WHEREAS, the CDA has assigned its right, title and interest in the Public Improvements as well as certain related easements to the Economic Development Authority of the County of Chesterfield (the “EDA”) pursuant to an Assignment and Assumption of Easement Rights and Improvements Deed made as of June 7, 2023, in exchange for which the EDA has cancelled the 2017 CDA Note and discharged the indebtedness represented thereby; and WHEREAS, the County has received a certified copy of a resolution adopted by the board of the CDA on June 7, 2023 (the “CDA Resolution”), (a) indicating that (i) the purposes for which the CDA was created have been completed and (ii) all of the CDA’s obligations have been paid or provided for and (b) requesting that the County 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 THE COUNTY OF CHESTERFIELD, VIRGINIA: 1. The Board concurs in the findings and declarations of the CDA Resolution. Consequently, it is hereby found and determined to be in the best interests of the County to authorize the dissolution of the CDA in accordance with Section 15.2-5109 of the Code. The County Administrator is hereby authorized to execute and deliver any and all such documents (including, without limitation, Articles of Dissolution and Articles of Termination of Corporate Existence) as he deems necessary or desirable in order to effect the dissolution of the CDA and the termination of its existence. 2. This resolution shall take effect immediately. Ayes: Carroll, Ingle, Winslow, Holland and Miller. Nays: None. 23-167 6/28/2023 13.B.12. ACCEPTANCE OF STATE ROAD On motion of Mr. Winslow, seconded by Mr. Holland, the Board adopted the following resolution: WHEREAS, the street described below is shown on a plat recorded in the Clerk’s Office of the Circuit Court of Chesterfield County; and WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised this Board the street meets the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation. NOW, THEREFORE, BE IT RESOLVED, that this Board requests the Virginia Department of Transportation to add the street described below to the secondary system of state highways, pursuant to 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: Watkins Centre Apartments - Phase 1 Type Change to the Secondary System of State Highways: Additions Reason for Change: New Subdivision Street Pursuant to Code of Virginia Statute: §33.2-705, 33.2-334 Street Name and/or Route Number • East West Road, State Route Number 7645 From: 0.13 miles east of Watkins Centre Parkway, (Route 7225) To: 0.37 miles east of Watkins Centre Parkway, (Route 7225), a distance of 0.24 miles Recordation Reference: Deed Book 12158, Page 293; Plat Book 260, Page 2 Right of Way width (feet) = 90 Ayes: Carroll, Ingle, Winslow, Holland and Miller. Nays: None. 13.B.13. APPROVAL OF SCHOOLS FY2023 YEAR-END ADJUSTMENTS AND RESERVE REQUESTS On motion of Mr. Winslow, seconded by Mr. Holland, the Board approved Schools’ FY2024 year-end adjustments and reserve requests, as outline in the agenda item. Ayes: Carroll, Ingle, Winslow, Holland and Miller. Nays: None. 23-168 6/28/2023 13.B.14. APPROVE AMENDMENTS FOR THE FY2024 BUDGET On motion of Mr. Winslow, seconded by Mr. Holland, the Board amended the FY2024 budget to reallocate centralized funds as a result of the finalization of Phase Two of the General Government Pay Study, the revision to Public Safety Starting Salaries, as well as other net neutral amendments to accommodate necessary department adjustments effective July 1, 2023. Ayes: Carroll, Ingle, Winslow, Holland and Miller. Nays: None. 13.B.15. TOWING CONTRACT AMENDMENTS PROPOSED BY THE TOWING ADVISORY BOARD On motion of Mr. Winslow, seconded by Mr. Holland, the Board approved towing contract language changes as recommended by the Chesterfield County Police Department Towing Advisory Board, as outlined in the agenda item. Ayes: Carroll, Ingle, Winslow, Holland and Miller. Nays: None. 13.B.16. AMEND THE MINUTES OF JUNE 29, 2022 On motion of Mr. Winslow, seconded by Mr. Holland, the Board amended the minutes of June 29, 2022, to include a resolution authorizing the county to contract debt by issuing general obligation bonds, and requesting the Circuit Court to order an election on the question of contracting debt by issuing general obligation bonds to finance public improvements. Ayes: Carroll, Ingle, Winslow, Holland and Miller. Nays: None. 14. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED MATTERS Mr. Jerry Turner expressed concerns relative to acquiring right-of-way for the Bailey Bridge connector road project. Ms. Renae Eldred expressed concerns relative to the condition of the Dundas Road Bridge. 15. DEFERRED ITEMS FROM PREVIOUS MEETINGS There were no deferred items from previous meetings. 23-169 6/28/2023 16. REQUESTS FOR MANUFACTURED HOME PERMITS AND REZONING PLACED ON THE CONSENT AGENDA 21SN0680 In Dale Magisterial District, Greenyard RMF is a request to rezone from Agriculture (A) to Multifamily Residential (R-MF) with conditional use planned development to permit exceptions to ordinance requirements and amendment of the zoning map on 31.05 acres fronting 50 feet along the south side of Greenyard Road beginning approximately 615 feet west of Iron Bridge Road. Density will be controlled by zoning conditions or ordinance standards. The Comprehensive Plan suggests the property is appropriate for Medium-High Density Residential. Tax ID 771- 658- Part 3254. Ms. Hall introduced Case 21SN0680. She stated the applicant has withdrawn the request and no further action will be taken by this Board. 22SN0129 In Midlothian Magisterial District, Boodram Commercial Truck Parking is a request for conditional use to permit storage of commercial food trucks and amendment of zoning district map in a Residential (R-15) District on 0.35 acre known as 8501 Rubis Terrace. Density will be controlled by zoning conditions or ordinance standards. The Comprehensive Plan suggests the property is appropriate for Suburban Residential II use (2 to 4 dwellings per acre). Tax ID 757-709-7115. Ms. Hall introduced Case 22SN0129. She stated the applicant has withdrawn the request and no further action will be taken by this Board. 22SN0126 In Dale Magisterial District, New Centralia Water Tank is a request for conditional uses to permit a water tower and communications equipment collocated on the water tower (communications tower) plus conditional use planned development for exceptions to ordinance requirements and amendment of zoning district map in a Residential (R-7) District on 2.02 acres situated along the east side of Hopkins Road beginning at the intersection of Hopkins Road and Watchrun Drive and proceeding approximately 260 feet in a northern direction along Hopkins 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 to 4 dwellings per acre). Tax IDs 781- 682-3398 and 781-683-3010. Ms. Hall introduced Case 22SN0126. She stated the applicant is requesting a deferral until the Board’s regularly scheduled August 23, 2023, meeting. Mr. Carroll called for public comment on the deferral. 23-170 6/28/2023 There being no one to speak to the deferral, the public hearing was closed. On motion of Mr. Holland, seconded by Mr. Ingle, the Board deferred Case 22SN0126 until the August 23, 2023, regularly scheduled meeting. Ayes: Carroll, Ingle, Winslow, Holland and Miller. Nays: None. Ms. Sara Hall stated for each case on the consent agenda, staff has received written confirmation from the applicants that they agree with the conditions being imposed and all proffers are offered in compliance with state law. 21SN0681 In Bermuda Magisterial District, Ty’s Hauling and Paving is a request for rezoning from the Community Business (C-3), General Business (C-5) and Residential (R-7) Districts to the Community Business (C-3) District plus conditional use to permit outside storage area as well as conditional use planned development to permit exceptions to ordinance requirements and amendment of zoning district map in Community Business (C-3), General Business (C-5) and Residential (R-7) Districts on 9.55 acres known as 4919 Oriole Avenue. Density will be controlled by zoning conditions or ordinance standards. The Comprehensive Plan suggests the property is appropriate for Suburban Residential II use (2 to 4 dwellings per acre). Tax ID 789- 692-4413. Ms. Hall introduced Case 21SN0681. She stated staff received no comments on the case, and the Planning Commission and staff recommended approval subject to the conditions in the staff report. Mr. Carroll called for public comment. Mr. Renae Eldred expressed concerns relative to materials cluttering the property. There being no one else to speak to the issue, the public hearing was closed. Mr. Robert Spain, representing the applicant, assured the Board that the applicant will comply with staff’s recommendations. On motion of Mr. Ingle, seconded by Mr. Winslow, the Board approved Case 21SN0681, subject to the following proffered condition: The applicant hereby offers the following proffered conditions pertaining to the request on property located in Chesterfield County, known as 4919 Oriole Ave, County Tax Identification Number 7896924413. 1. Master Plan. The site shall be developed according to Textual Statement dated 3/30/2023 and the attached Conceptual Site Plan, dated 9/3/2021. (P) 23-171 6/28/2023 2. Permitted Uses. In addition to uses permitted by right, with restrictions, or as an accessory use in the General Commercial (C-3) District, the following uses shall also be permitted on the Property, limited to the areas delineated on the Conceptual Site Plan: i. Storage yard ii. Storage, outside (P) 3. Fencing. Fencing shall be provided in the location shown on Exhibit A and shall generally conform to fencing Exhibit B. (P) 4. Setback. The east side setback for equipment and materials storage shall be a minimum of ten (10) feet. (P) Ayes: Carroll, Ingle, Winslow, Holland and Miller. Nays: None. 23MH0002 In Bermuda Magisterial District, Huffman Manufactured Home Renewal is a request for renewal of a manufactured home permit (Case 16SN0108) to permit a temporary manufactured home and amendment of zoning district map in a Residential (R-7) District on 0.52 acre known as 2700 Shields Road. Density will be controlled by zoning conditions or ordinance standards. The Comprehensive Plan suggests the property is appropriate for Office/Residential Mixed use. Tax ID 796-660-7512. Ms. Hall introduced Case 23MH0002. She stated staff received no comments on the case, and staff recommended approval subject to the conditions in the staff report. Mr. Carroll 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. Winslow, the Board approved Case 23MH0002, subject to the following conditions: 1. The applicant shall be the owner and occupant of the manufactured home. (P) 2. No permanent type living space may be added to the manufactured home. The manufactured home shall be skirted but shall not be placed on a permanent foundation. (P) (Note: The Zoning Ordinance limits the maximum period of time for which a manufactured home permit may be granted to seven (7) years. Should the Board wish to approve this request, this approval would be for seven (7) years unless conditioned for less time and then subject to renewal.) Ayes: Carroll, Ingle, Winslow, Holland and Miller. Nays: None. 23-172 6/28/2023 23MH0003 In Bermuda Magisterial District, Journey Manufactured Home Renewal is a request for renewal of manufactured home permit (Case 95SR0257) to permit a temporary manufactured home in a Residential (R-7) District and amendment of zoning district map on 2 acres known as 2825 Tipton Street. Density will be controlled by zoning conditions or ordinance standards. The Comprehensive Plan suggests the property is appropriate for Suburban Residential II use (2 to 4 dwellings per acre). Tax ID 799-635-3119. Ms. Hall introduced Case 23MH0003. She stated staff received no comments on the case, and staff recommended approval subject to the conditions in the staff report. Mr. Carroll 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. Carroll, the Board approved Case 23MH0003, subject to the following conditions: 1. The applicant shall own the land and the occupancy of the manufactured home shall be limited to John Peden (brother of applicant). (P) 2. No permanent type living space may be added to the manufactured home. The manufactured home shall be skirted but shall not be placed on a permanent foundation. (P) (Note: The Zoning Ordinance limits the maximum period of time for which a manufactured home permit may be granted to seven (7) years. Should the Board wish to approve this request, this approval would be for seven (7) years unless conditioned for less time and then subject to renewal.) Ayes: Carroll, Ingle, Winslow, Holland and Miller. Nays: None. 23MH0004 In Bermuda Magisterial District, Morgan Manufactured Home Renewal is a request for renewal of manufactured home permit (Case 15SN0162) to permit a temporary manufactured home in a Residential (R-7) District and amendment of zoning district map on 0.34 acre known as 10110 Brightwood Avenue. Density will be controlled by zoning conditions or ordinance standards. The Comprehensive Plan suggests the property is appropriate for Suburban Residential II use (2 to 4 dwellings per acre). Tax ID 793-666-8706. Ms. Hall introduced Case 23MH0004. She stated staff received no comments on the case, and staff recommended approval subject to the conditions in the staff report. Mr. Carroll called for public comment. 23-173 6/28/2023 There being no one to speak to the issue, the public hearing was closed. On motion of Mr. Ingle, seconded by Mr. Winslow, the Board approved Case 23MH0004, subject to the following conditions: 1. The applicants shall be owner and occupants of the manufactured home. (P) 2. No additional permanent type living space may be added to the manufactured home. The manufactured home shall be skirted but shall not be placed on a permanent foundation. (P) (Note: The Zoning Ordinance limits the maximum period of time for which a manufactured home permit may be granted to seven (7) years. Should the Board wish to approve this request, this approval would be for seven (7) years unless conditioned for less time and then subject to renewal.) Ayes: Carroll, Ingle, Winslow, Holland and Miller. Nays: None. 23SN0003 In Dale Magisterial District, Israel Family Day Care Home is a request for conditional use to permit a family day care home and amendment of zoning district map in a Residential (R-7) District on 0.41 acre known as 3311 Lifsey Lane. Density will be controlled by zoning conditions or ordinance standards. The Comprehensive Plan suggests the property is appropriate for Suburban Residential II use (2 to 4 dwellings per acre). Tax ID 767-693-3071. Ms. Hall introduced Case 23SN0003. She stated staff received no comments on the case, and the Planning Commission and staff recommended approval subject to the conditions in the staff report. Mr. Carroll 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 approved Case 23SN0003, subject to the following conditions: 1. Non-Transferable Ownership. This conditional use approval shall be granted to and for Ariella and Yosef Israel, exclusively, and shall not be transferable nor run with the land. (P) 2. Expansion of Use. There shall be no exterior additions or alterations to the existing structure to accommodate this use. (P) 3. Signage. There shall be no signs permitted to identify this use. (P) 23-174 6/28/2023 4. Number of Children. This conditional use approval shall be limited to providing care, protection, and guidance to a maximum of twelve (12) children, other than the applicants’ own children, at any one time. (P) 5. Days of Operation. This conditional use shall be permitted to operate seven (7) days a week. (P) 6. Evening and Overnight Care of Children. A maximum of three (3) children may be cared for in the evening and overnight with the operator of the family day-care home, after the hour of 6:30 p.m. (P) 7. Pick-up and Drop-off: a. With the exception of three (3) children cared for in the evening and overnight, pick-up and drop-off shall be between the hours of 6 a.m. to 6:30 p.m. b. Pick-up and drop-off for evening and overnight care shall not occur later than 10 p.m. (P) 8. Time Limitation. This conditional use approval shall be granted for a period not to exceed five (5) years from the date of approval. (P) 9. Outdoor Play Areas. Any outdoor play area and/or recreational equipment utilized by the family day-care home shall be located in the side or rear yard of the property. Outdoor play and/or recreational equipment areas shall have perimeter fencing of at least four (4) feet in height, installed around the equipment or play area. Equipment for outdoor play areas shall be located no closer than ten (10) feet to the side or rear property lines. (P) 10. Employee. No more than one (1) employee shall be permitted to work on the premises, other than family member employees that live on the premises. No overnight care shall be provided by employee. (P) Ayes: Carroll, Ingle, Winslow, Holland and Miller. Nays: None. 23SN0031 In Dale Magisterial District, Ironwill Amendment is a request for amendment of zoning approval (Case 18SN0519) to modify development standards (including setbacks and landscaping requirements) and amendment of zoning district map in Community Business (C-3) and General Business (C-5) Districts on 6.98 acres known as 9801 Iron Bridge Road. Density will be controlled by zoning conditions or ordinance standards. The Comprehensive Plan suggests the property is appropriate for Corporate Office use. Tax IDs 769-662-7458 and 770-662-1443. 23-175 6/28/2023 Ms. Hall introduced Case 23SN0031. She stated staff received no comments on the case, and the Planning Commission and staff recommended approval subject to the conditions in the staff report. Mr. Carroll 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 approved Case 23SN0031, subject to the following proffered conditions: The Owners and the Developer (the “Owners”) in this zoning case, pursuant to §15.2-2298 of the Code of Virginia (1950 as amended) and the Zoning Ordinance of Chesterfield County, for themselves and their successors or assigns, proffer that the development of the Property known as Chesterfield County Tax Identification Number 769-662-7458 and 770-662-1443 (the “Property”) under consideration will be developed according to the following conditions if, and only if, the request is granted. In the event the request is denied or approved with conditions not agreed to by the Owners, the proffers shall immediately be null and void and of no further force or effect. Proffered Condition 1 of Case 18SN0519 is hereby amended as follows: 1. Master Plan. The Master Plan for the Property shall consist of the following: a. The Textual Statement dated June 29, 2017, last revised April 17, 2023, shall be considered the Master Plan. (P) b. The required setback area along Route 10 for the Property shall generally conform to the Conceptual Plan (Exhibit A), titled “Setback Exhibit, Ironwill Development”, prepared by Koontz Bryant Johnson Williams last revised April 12, 2023. The layout on the Conceptual Plan is conceptual in nature and may vary based on the final subdivision/site plan depending on final engineering and environmental studies or as otherwise approved by the Planning Director at the time of plans review. (P) Ayes: Carroll, Ingle, Winslow, Holland and Miller. Nays: None. 23SN0042 In Bermuda Magisterial District, Drewrys Bluff Communication Tower is a request for amendment of zoning approval (Case 11SN0111) to modify conditions and amendment of zoning district map in a Residential (R-7) District on 2.48 acres known as 2750 Drewrys Bluff Road. Density will be controlled by zoning conditions or ordinance standards. The Comprehensive Plan suggests the property is appropriate for Residential Mixed use. Tax ID 788-680-9280. 23-176 6/28/2023 Ms. Hall introduced Case 23SN0042. She stated staff received no comments on the case, and the Planning Commission and staff recommended approval subject to the conditions in the staff report. Mr. Carroll 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 Dr. Miller, the Board approved Case 23SN0042, subject to the following amendment conditions: Condition 3.c of Case 11SN0111 is deleted and replaced with the following: 1. The tower shall be a monopole structure (with external flush mounted antennas, internally mounted antennas, or external full array antennas). (P) Ayes: Carroll, Ingle, Winslow, Holland and Miller. Nays: None. 22SN0090 In Bermuda Magisterial District, Paddy's Bar Outdoor Public Address System is a request for conditional use to permit indoor/outdoor recreation with public address system in conjunction with a restaurant use and amendment of zoning district map in Community Business (C-3) District on 4.17 acres known as 341 East Hundred Road. Density will be controlled by zoning conditions or ordinance standards. The Comprehensive Plan suggests the property is appropriate for Community Business use. Tax ID 815-652-7510. Ms. Summer Hobson introduced Case 22SN0090. She stated the applicant is requesting conditional use for an outdoor public address system in conjunction with a restaurant use for outdoor live music events. She noted the Planning Commission and staff recommend approval of the request and conditions limit the impact of the use on surrounding properties. It is noted the applicant was not present. Mr. Carroll called for public comment. There being no one to speak to the issue, the public hearing was closed. Mr. Ingle stated there have been concerns relative to the sound of the PA system and noted the applicant has mitigated impacts of noise affecting surrounding neighborhoods. Mr. Ingle then made a motion, seconded by Mr. Holland, for the Board to approve Case 22SN0090, subject to the following conditions: 23-177 6/28/2023 1. Non-Transferable Ownership. This Conditional Use approval shall be granted exclusively to Paddy’s Bar and Sports Grill and shall not be transferable with the land.(P) 2. Use. This Conditional Use approval shall be for use of an outdoor public address system in conjunction with a restaurant use, provided that such systems shall be operated so as not to generate noise levels above 65 dba, as measured at the southern boundary of the property. Sound levels generated by live entertainment shall be monitored and controlled to comply with the decibel limitation. (P) 3. Hours of Operation. The outdoor public address system shall only be permitted on Sundays from 1:00 p.m. to 6:00 p.m.(P) Ayes: Carroll, Ingle, Winslow, Holland and Miller. Nays: None. 17. PUBLIC HEARINGS 17.A. TO CONSIDER CONVEYANCE OF AN OVERHEAD EASEMENT TO VIRGINIA ELECTRIC AND POWER COMPANY ACROSS THE COSBY ROAD TANK SITE Mr. Dean Sasek stated this date and time has been advertised for the Board to consider conveyance of an overhead easement to Virginia Electric and Power Company across the Cosby Road tank site. Mr. Carroll 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. Ingle, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute an agreement with Virginia Electric and Power Company for an overhead easement across the Cosby Road Tank Site. Ayes: Carroll, Ingle, Winslow, Holland and Miller. Nays: None. 17.B. TO CONSIDER CODE AMENDMENT RELATIVE TO COMPUTER CONTROLLED VARIABLE MESSAGE ELECTRONIC SIGNS AT COUNTY AND SCHOOL GOVERNMENTAL FACILITIES Mr. Thomas Jenkins stated this date and time has been advertised for the Board to consider code amendment relative to computer controlled variable message electronic signs at county and school governmental facilities. He further stated the amendment would add a definition for County governmental facility which includes any land or buildings owned by Chesterfield County. He stated the amendment would change the use restrictions for changeable copy signs by allowing a changeable copy sign for county governmental facilities to be 23-178 6/28/2023 located in an A, MH, R, R-TH, or R-MF district. He further stated the amendment would allow EMCs for county government facilities to be located in the Bon Air Special Design District, Midlothian Area West, Chester Area Central, Belmont Turner Area Central, and Route 10 Area North. He noted the amendment would also permit changeable copy signs for a county governmental facility to be located along a collector road. Mr. Carroll called for public comment. There being no one else to speak to the issue, the public hearing was closed. On motion of Mr. Carroll, 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, 19.1-276 AND 19.1-570 OF THE ZONING ORDINANCE RELATIVE TO COMPUTER CONTROLLED VARIABLE MESSAGE ELECTRONIC SIGN (EMC) FOR COMMUNITY FACILITIES BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Sections 19.1-53, 19.1-276 and 19.1-570 of the Code of the County of Chesterfield, 1997, as amended, are amended and re-enacted, to read as follows: Chapter 19.1 ZONING OOO Sec. 19.1-53. Restricted Uses Sign, changeable copy R-88, R-40, R-25, R-15, R-12, R-9, R-7, R-C Districts R-TH, R-MF Districts A District O-1, O-2 Districts C-1, C-2, C-3, C-4, C-5 Districts I-1, I-2, I-3 Districts: a. Except as stated herein, sign complies with Article IV. Division 6.; b. Sign is not located on A, MH, R, R-TH or R-MF property unless the property is occupied by a church, place of worship, public park, county governmental facility, or school or the sign serves as the residential community entrance sign at the primary entrance into a development having community open space and recreational facilities; c. Sign is not incorporated into a nonconforming sign; d. In projects with outparcels, signs are spaced 30 feet apart; e. Changeable copy is integrated into a permitted freestanding sign per 19.1-276.B.; f. Except for an outdoor advertising sign which is governed by Sec. 19.1-279, changeable copy shall be designed as an integral component of a monument sign compatible with the architectural style of the principal building which it serves provided that if the principal building does not conform to the architectural standards of the Design District in which located, the director of planning may approve a monument sign that has an alternative architectural style. For a permitted outdoor advertising sign, changeable copy is incorporated into sign structure meeting sign design requirements of Sec. 19.1-279; 23-179 6/28/2023 g. Changeable copy for outdoor advertising sign which is governed by Sec. 19.1-279 shall be limited to computer controlled variable message electronic sign (EMC); h. Except for an outdoor advertising sign which is governed by Sec. 19.1-279, a permitted freestanding sign area may be increased by 25 percent for the purpose of including manual changeable copy, provided the area by which the sign is increased is used solely for such changeable copy. The area of manual changeable copy is limited to one-half or less of the total area of the sign face; and i. Fixed message electronic display shall be limited to one-third of permitted sign face and shall default to blank copy if there is a malfunction in the device; and j. For an outdoor advertising sign which is governed by Sec. 19.1-279, or where the only changeable copy is computer controlled variable message electronic sign (EMC) copy, the area of changeable copy may include entire sign face. OOO Sign, computer controlled variable message electronic (EMC) R-88, R-40, R-25, R-15, R-12, R-9, R-7, R-C Districts R-TH, R-MF Districts A District O-1, O-2 Districts C-1, C-2, C-3, C-4, C-5 Districts I-1, I-2, I-3 Districts: a. Sign complies with restrictions of changeable copy sign and outdoor advertising sign as applicable. b. Sign is not incorporated into a nonconforming sign or a sign containing manual copy; c. Except for a permitted outdoor advertising sign or a sign for a county governmental facility, sign is not located in Belmont Turner Area Central, Bon Air Special Design District, Chester Area Central, Midlothian Area West or Route 10 Area North as shown on the zoning map. d. Excluding copy that includes only current time of day or outdoor temperature; interval of copy change for a permitted EMC sign is limited as follows: • 5 minutes for property located in A, MH,R, R-TH, R-MF districts; • 1 minute for property located outside of a mixed-use or non-residential community in O, C, and I districts or an outparcel within such a community; or • 10 seconds for a mixed-use or nonresidential community sign e. Excluding copy that includes only current time of day, date or outdoor temperature change, copy changes simultaneously f. Copy does not move, or give the illusion of movement, such as, blink, scroll, flash, spin, fly in/out, scintillate or similar effects; however, copy may fade as transition to next copy; g. Copy is limited to a still image or lines of text; h. Excluding outdoor advertising signs greater than 200 square feet (s/f) in area, displays shall be high resolution having no larger than 12 mm pixel pitch. Outdoor advertising signs greater than 200 s/f and less than 400 s/f shall have a maximum pixel pitch of 16 mm. Outdoor advertising signs greater than 400 s/f shall have a maximum pixel pitch of 20 mm; i. Sign defaults to blank copy if there is a malfunction in device; j. Sign does not display coordinated messages which are intended to be continued on opposite sign face, other signs on-site or signs off-site; k. A photocell or other device is used that automatically adjusts brightness according to ambient conditions; and l. Brightness does not exceed 0.3 foot candles above ambient light as measured at a distance in feet that is the square root of the sign area in square feet multiplied by 100 (Distance from Sign= √Sign Area Sq. ft×100). 23-180 6/28/2023 Sec. 19.1-276. Freestanding Signs A. Generally. 1. Number. Except where specifically stated, a project shall be limited to 1 freestanding sign. The same limitation shall apply to a single property outside of a project. 2. Sign Structure. Except for limited duration signs, freestanding sign structures shall either be covered with a material having a similar color and finish to the principal building, be covered with a material and primary color used elsewhere on the sign, or be an architectural detail such as a column or a decorative wall. Except as permitted for outdoor advertising signs, signs shall be either a monument sign, cladded pole sign or be a sign composed of architectural design having building columns, roof or building cap with a supporting base. 3. Freestanding Sign Landscaping. Except for signs located within areas which were paved as of April 25, 2001, or signs outlined in Sections 19.1-277. and 19.1-278., the base of freestanding signs shall be landscaped with groundcover, shrubs and trees consistent with site landscaping. Such landscaping shall be maintained in a healthy condition, kept clear of debris and any dead or dying materials replaced. For monument signs such features may be included within a planting box or similar feature compatible with sign. Landscaping shall be equal to a minimum of 1.5 square feet for each square foot of sign and evenly distributed around base of sign or as otherwise approved by director of planning. B. Except as otherwise permitted in this division, the following freestanding signs shall meet the requirements outlined in Table 19.1-276.B.1. 23-181 6/28/2023 Table 19.1-276.B. 1. Freestanding Signs Project Type Size of Project Or Location Countywide excluding O-1, C-1 and Special Design Districts [1] O-1, C-1 and Special Design Districts[1] Area (square feet) Height (feet) [2] Area (square feet) Height (feet) [2] Mixed Use Community[3][4][5] 50 acres or Less 100 15 32 8 Greater than 50 acres 150 20 32 8 Nonresidential Community [3][4][5] Less than 300,000 s/f of gfa 100 15 32 8 300,000 s/f of gfa or Greater 150 20 32 8 Outparcel in a Nonresidential Community[4][5] O and I Districts 32 8 24 8 C Districts 32 8 24 8 Property Outside of a Nonresidential Community[4][5][6] O and C Districts 50 15 24 8 I District – 25 acres or Less 50 15 24 8 I District – Greater than 25 acres 100 15 24 8 Property in A, R, R-MF, R- TH, MH District with a Nonresidential Use, Excluding Farm Use [4][5] Fronting on a major arterial 50 15 24 8 Fronting other road 32 15 24 8 Property in A District with Farm Use [7] 12 10 12 10 Residential Community Entrance[8] 32 15 32 7 Property in A, R, R-MF, R- TH, MH District on which there is a residential use [9] 5 [9] 5 Special Design District Entrance 70 12 70 12 23-182 6/28/2023 Sec. 19.1-570. Definitions. For the purposes of this chapter, the following words and phrases shall have the following meanings: OOO County governmental facility: Any building, structure, or area held, used, or controlled exclusively for public purposes and owned by Chesterfield County. This includes any county office, court house, health and welfare center, library, public park, public school, public safety facility, or other public facility used by Chesterfield County government entities. OOO (2) That this ordinance shall become effective immediately after adoption. Ayes: Carroll, Ingle, Winslow, Holland and Miller. Nays: None. Notes for Table 19.1-276.B.1. [1] In addition to permitted freestanding signs, commercial or noncommercial flags not to exceed the square foot limitations for a permitted freestanding sign and a height of 50 feet, to include the pole to which attached, shall be permitted. The area of any permitted freestanding sign shall be reduced by the total area of all commercial flags. A maximum of 1 commercial flag shall be permitted on each pole. [2] Architectural elements enclosing the top area of copy shall be permitted provided the element height does not exceed 25 percent of the allowable sign height. [3] For a property having frontage exceeding 600 linear feet along a major arterial road and more than one entrance from such road, the permitted freestanding signage along such road may be shared among 2 freestanding signs provided signs are separated a minimum of 200 linear feet and placed at or near separate entrances. Such signs shall be consistent in character and style. [4] Property fronting 2 or more major arterial roads shall be permitted along each such road 1 freestanding sign conforming to the size and height limitations. [5] Property fronting a major arterial road and a collector road, or 2 or more collector roads, shall be permitted along each such road 1 freestanding sign. Signs along a collector road shall not be externally lighted nor include changeable copy, except that signs for a county governmental facility may include changeable copy. [6] The sign square footage for a project with multiple tenants sharing common building entrances may be increased by 10 square feet. [7] The sign square footage may be displayed in more than 1 sign provided the total area of all signs does not exceed the permitted square footage. Signs may be temporary. [8] 1 such sign shall be permitted for each road entrance into the community, provided that 2 signs shall be permitted if each sign is attached to a decorative fence or wall located on opposite sides of the entrance. Each sign shall be limited to 32 square feet, provided that the sign area may be increased by 1 square foot for each dwelling unit in excess of 320, but in no case shall a sign exceed 100 square feet. In a residential development having multiple neighborhoods not generally connected by local roads, 1 sign, not to exceed 12 square feet and 7 feet in height at each neighborhood entrance from an arterial, collector or residential collector road shall be permitted. [9] Noncommercial signage may be provided in more than 1 sign provided that the aggregate area of all such signs shall not exceed 24 square feet and a maximum of 6 square feet per sign. In A Districts, a sign, not to exceed 32 square feet and 7 feet in height, shall be permitted. In A Districts, one additional 32 square foot sign for parcels with more than 250 linear feet of road frontage shall be permitted. A maximum of 1 sign may be a commercial sign not to exceed 6 square feet. Signs shall be limited duration signs. 23-183 6/28/2023 17.C. TO CONSIDER REVISED AMERICAN RESCUE PLAN ACT RECOVERY PLAN Mr. Matt Harris stated this date and time has been advertised for the Board to consider revised American Rescue Plan Act Recovery Plan. He further stated at its July 28, 2021, meeting, the Board of Supervisors held a public hearing to consider appropriation of the $68.5 million in American Rescue Plan Act (ARPA) funds received through the State and Local Fiscal Recovery Funds (SLFRF) program. He highlighted plan revisions which include reallocation of Midlothian Police Station Land Acquisition funds to support the Real Time Crime Center facility needs; an alternative source has been identified to support the land acquisition without the use of ARPA resources. Additional funds have been allocated from the ARPA contingency for this purpose as well, School construction funds identified for A.M. Davis (previously matched to Falling Creek Middle School), and a technical correction to reallocate county facility improvement funds to the appropriate category. The project was previously categorized under Parks Maintenance and Enhancement. Mr. Carroll called for public comment. Mr. Jason Melendez expressed concerns relative to allocation of funds. There being no one else to speak to the issue, the public hearing was closed. On motion of Mr. Winslow, seconded by Mr. Holland, the Board approved the revised American Rescue Plan Act Recovery Plan, as outlined in the agenda item. Ayes: Carroll, Ingle, Winslow, Holland and Miller. Nays: None. 17.D. TO CONSIDER AND ADOPT COUNTY FY2023 YEAR-END ADJUSTMENTS AND RESERVE REQUESTS Mr. Harris stated this date and time has been advertised for the Board to consider and adopt county FY2023 year-end adjustments and reserve requests. He noted FY2023 projections forecast a positive net year-end position primarily due to strong revenue activity. He stated key drivers of the positive revenue forecast include strong performance in local taxes including real estate, personal property, lodging, and sales. He further stated a large share of the excess revenue was intentionally unbudgeted as its use is restricted and the funds are reserved at year-end for specific future uses (examples: BPOL, CDAs, Transient Occupancy Taxes). He stated the expenditure side of the budget is projected to show a deficit primarily due to inflationary pressures, supply chain issues, and increased energy and utility costs. Additionally, he noted atypical growth in programs which are, in part, state unfunded mandates, are contributing to the operating deficit. Mr. Carroll called for public comment. 23-184 6/28/2023 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 took the following actions: 1. Authorized the County Administrator to assign to a revenue stabilization reserve all unspent, or otherwise unreserved, FY2023 appropriations that are in excess of the items detailed in the attached schedules. 2. Appropriated revenues and expenditures for specific programs as well as authorize reallocations among General Fund departments and related funds and make adjustments to revenues and expenditures as outlined on the attached Schedule A. 3. Appropriated revenues and expenditures and authorize other adjustments for specific programs, projects, and non-General Fund departments as outlined on the attached Schedule B. 4. Authorized the County Administrator to assign and reappropriate various revenues and unspent expenditures contingent upon positive results of operations as determined by the County’s financial audit, as outlined on the attached Schedule C, and reserve all remaining funds for potential reappropriation during FY2024; additional requests to commit remaining funds will be brought to the Board of Supervisors following the financial audit. 5. Authorized the contribution to the Unassigned Fund Balance to ensure adequate balances within the policy guidelines prior to June 30, 2023. Ayes: Carroll, Ingle, Winslow, Holland and Miller. 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. Ingle, seconded by Mr. Holland, the Board adjourned at 8:20 p.m. until July 26, 2023, at 2:00 p.m. for a work session to be held in Room 502. __________________________ ___________________________ Joseph P. Casey Kevin P. Carroll County Administrator Chairman