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2013-01-23 MinutesBOARD OF SUPERVISORS MINUTES January 23, 2013 Supervisors in Attendance: Staff in Attendance: Ms. Dorothy A. Jaeckle, Chairman Mr. Mike Bacile, Dir., Mr. Stephen A. Elswick, Vice Chrm. Purchasing Mr. Arthur S. Warren Ms. Janice Blakley, Mr. James M. Holland Clerk to the Board Mr. Daniel A. Gecker Mr. Kevin Bruny, Chief Learning Officer Mr. James J. L. Stegmaier Ms. Debbie Burcham, County Administrator Services Board Mr. Allan Carmody, Dir., Budget and Management Mr. Barry Condrey, Chief Information Officer Mr. Roy Covington, Dir., Utilities Ms. Mary Ann Curtin, Dir., Intergovtl. Relations Mr. Jonathan Davis, Dir., Real Estate Assessments Mr. William Dupler, Dep. County Administrator, Community Development Colonel Thierry Dupuis, Police Department Mr. Robert Eanes, Asst. to the County Administrator Mr. Michael Golden, Dir., Parks and Recreation Mr. John W. Harmon, Real Property Manager Mr. Donald Kappel, Dir., Public Affairs Mr. Rob Key, Director, General Services Mr. Louis Lassiter, Asst. County Administrator Mr. Mike Mabe, Director, Libraries Mr. R. John McCracken, Dir., Transportation Mr. Richard M. McElfish, Dir., Env. Engineering Mr. Jeffrey L. Mincks, County Attorney Chief Edward L. Senter, Fire Department Ms. Marsha Sharpe, Dir., Social Services Ms. Sarah Snead, Dep. County Administrator, Human Services Mr. Rich Troshak, Dir., Emergency Comm. Center 13-30 01/23/13 Mr. Mike Westfall, Dir., Internal Audit Mr. Scott Zaremba, Dir., Human Resource Programs Ms. Jaeckle called the regularly scheduled meeting to order at 3:00 p.m. The Board observed a moment of silence in memory of Sgt. Aaron Xavier Wittman, who was killed in combat in Afghanistan on January 10tH 1. APPROVAL OF MINUTES FOR JANUARY 9, 2013 On motion of Mr. Gecker, seconded by Mr. Elswick, the Board approved the minutes of January 9, 2013, as submitted. Ayes: Jaeckle, Gecker, Warren, Holland and Gecker. Nays: None. 2. COUNTY ADMINISTRATOR'S COMMENTS 2.A. COUNTY ADMINISTRATOR'S REPORT • Mr. Stegmaier was pleased to report some great news received recently that will be brought before the Board of Supervisors for approval. He stated the Department of Homeland Security/Federal Emergency Management Agency has awarded Chesterfield Fire and EMS the Assistance to Firefighters Grant (AFG) for the replacement of personal protective clothing (i.e., firefighting turnout gear). Mr. Stegmaier personally recognized Battalion Chief Mark Nugent, who as the departments grant writer, has tirelessly pursued numerous grants over a period of years. He further stated the grant will go a long way in bringing the firefighting protective clothing up-to- date for our firefighters and setting the department on a positive path for the future. • Mr. Stegmaier announced the next phase in the development at Stonebridge. He stated Crosland Southeast in partnership with Hartford-based Hutensky Capital Partners, the developer of Stonebridge, and Virginia Beach-based Boyd Homes, the builder and developer of numerous local communities, announced that they have reached an agreement to build a 600 unit urban style apartment complex in Stonebridge. J J 13-31 01/23/13 Mr. Stegmaier summarized the key points of the Annual Revenue Forum, held on January 16th, as follows: • Recovery not unlike previous financial-centered crises, which are historically slower due to wealth impacts. • Gradual firming of labor market underway, though recovery expected to stretch into CY2016. • Forecast calls for moderate (2.Oo) growth on average, but very choppy quarter to quarter. • Economy remains quite fragile on the whole, trying to digest a "massive menu of risks." • Federal debt load remains significant risk. • Real estate finding its footing with solid gains in sales and permitting activity. • Home prices typically last gauge to turnaround, but starting to see very early signs of that now. In response to Mr. Warren's question regarding factoring pension obligations, Mr. Stegmaier stated there is a recording requirement added to the annual financial reports and more details about the. unfunded liabilities in FY2015. In regards to general government employees, he further stated the General Assembly has put in place changes within the pension system that the county is contributing on an actuarial basis to cover the liability. In terms of School employees, he stated more disclosure is required relative to the unfunded liability and the General Assembly is not setting rates yet that cover the cost of the benefit. Ms. Mary Ann Curtin, Director of Intergovernmental Relations, presented a brief update to the Board of Supervisors on the status of several bills before the General Assembly and from the county's legislative program. She stated staff continues to review and identify legislation that supports the Board's priorities as well as those that do not. She further stated staff is also following the numerous pieces of legislation on transportation, and expects that all of those bills will go through substantial revision as they move through the process. She stated HB1437, to eliminate the Machinery and Tools tax, will shortly be laid on the table. She noted staff will focus maximum effort on stopping this legislation. In closing, she stated the legislative session will reach crossover on February 5th; February 3rd is the day the House and Senate release their amendments to the state budget, and adjournment is on February 23rd. 3. BOARD MEMBER REPORTS There were no Board Member Reports at this time. 4. REQUESTS TO POSTPONE AGENDA ITEMS AND ADDITIONS, DELETIONS OR CHANGES IN THE ORDER OF PRESENTATION There were no Requests to Postpone Agenda Items and Additions, Deletions or Changes in the Order of Presentation. 13-32 01/23/13 5. RESOLUTIONS AND SPECIAL RECOGNITIONS 5.A. RECOGNIZING MR. RANDOLPH L. EMORY, DEPARTMENT OF GENERAL SERVICES, FLEET MANAGEMENT DIVISION, UPON HIS RETIREMENT Mr. Key introduced Mr. Randolph L. Emory, who was present to receive the resolution. On motion of Mr. Elswick, seconded by Mr. Warren, the Board adopted the following resolution: WHEREAS, Mr. Randolph L. Emory joined Chesterfield County in 1982 as a Fire Equipment Mechanic for the Fire Department; and WHEREAS, Mr. Emory transferred to the Chesterfield County Department of General Services on March 8, 1992, during the fleet consolidation, where he continued to serve as a fire technician; and WHEREAS, Mr. Emory was promoted in 1997 to Vehicle Maintenance Supervisor in the Heavy Shop; and WHEREAS, Mr. Emory was promoted in 1999 to Automotive Maintenance Superintendent of the Light Vehicle Shop; and WHEREAS, Mr. Emory demonstrated his commitment to training and education by graduating from Chesterfield County's Total Quality Improvement University in 1999, and was selected as the County Employee of the Year; and WHEREAS, Mr. Emory was promoted in 2006 to School Bus Shop Superintendent; and WHEREAS, Mr. Emory served until 2011, and was then promoted to the Vehicle Consolidated Shop as the Automotive Maintenance Superintendent; and WHEREAS, Mr. Emory in his present role as Automotive Maintenance Superintendent of the Vehicle Consolidated Shop is responsible for managing resources to ensure customer satisfaction, thorough vehicle inspections, preventive maintenance, scheduled services, and repair for the county's 2,500 light and heavy vehicles; and WHEREAS, Mr. Emory accomplishes these challenging tasks by maintaining strong working relationships with customers, establishing priorities for work, assigning work to technicians and assisting technicians with complex repair and diagnostic prolalems; and WHEREAS, Mr. Emory was instrumental ins technician technical training, certification, and occupational safety; and WHEREAS, Mr. Emory is a highly valued superintendent dedicated to providing consistent world-class customer service to Chesterfield County Government a,nd Chesterfield County Schools, as well as to the public; and;;' WHEREAS, Mr. Emory's service has been exemplified by kn,~awledge, leadership and a "can do" attitude; and J J 13-33 .. .. 'k.~ 01/23/13 WHEREAS, in every role wherein Mr. Emory has been entrusted with supervisory authority and responsibility, the productivity, morale, and customer satisfaction have improved as a result of his leadership skills and professional knowledge. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 23rd day of January 2013, publicly recognizes the outstanding contributions of Mr. Randolph L. Emory, expresses the appreciation of all residents for his service to Chesterfield County, and extends appreciation for his dedicated service to the county and congratulations upon his retirement, as well as best wishes for a long and happy retirement. AND, BE IT FURTHER RESOLVED that a copy of this resolution be presented to Mr. Emory, and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Ayes: Jaeckle, Elswick, Warren, Holland and Gecker. Nays: None. Ms. Jaeckle presented Mr. Emory with the executed resolution and commended him for his many years of loyal and dedicated service. Mr. Emory expressed his appreciation to the Board for the recognition. Mr. Elswick and Mr. Warren commended Mr. Emory for his devoted service to the county, congratulated him on his retirement and wished him a long and happy retirement. Chief Robert Eanes highly praised Mr. Emory on his work ethic and leadership skills. Mr. Stegmaier presented Mr. Emory with an acrylic statue and county watch and expressed appreciation for his outstanding service to the county. 6. WORK SESSIONS 6.A. PROPOSED FY2014-2018 CAPITAL IMPROVEMENT PROGRAM Mr. Carmody presented an overview of the proposed FY2013-2018 Capital Improvement Program. He provided a summary of the key guiding principles, which included citizen input/referenda; Board of Supervisors' direction; Board adopted financial policies; the Comprehensive Plan; and internal and external reviews. He then provided funding considerations which included the storm water mandate; school revitalization projects; and state revenue sharing funds for roads. He stated the proposed plan highlights the need to evaluate funding levels. He further stated the proposed CIP sets forth a plan for the acquisition, development, enhancement or replacement of public facilities to serve county residents; it also serves as a programming guide and is based on the county's adopted Public Facilities Plan with a particular emphasis on the Revitalization Element of the Comprehensive Plan. He stated availability of funds is driven by the 13-34 01/23/13 county's adherence to financial and debt management policies established by the Board of Supervisors. He provided a summary of overall funding of the proposed FY2014-2018 CIP, including $201.3 million for general county projects, with emphasis on existing facilities; $347.7 million for School Board projects, with emphasis on revitalization; and $279.4 million for Utilities. In closing, he stated a public hearing on the CIP is scheduled for March 20th, followed by adoption on April 10th, and the County Charter requires adoption of the CIP by May 1st . In response to Mr. Warren's question, Mr. Carmody stated the current amount of outstanding debt in total for the county and Schools combined was $525 million in FY2012 and projections for the end of FY2013 would be $479 million. He further stated there are consecutive declines from FY2009 in outstanding bonds. He stated new bonds have continued to be issued from the 2004 referendum, while continuing the trend of bonds over a five-year period, offsetting in part what is proposed in the current plan. Mr. Warren stated he has received numerous concerns from constituents in regards to federal, state and local debt and those effects on the future. Mr. Gecker noted the numbers in the proposed CIP; the debt will not be all issued within the five-year time frame. He further stated the county has a fairly conservative fiscal policy with regards to what percentage of the operating budget goes to debt service. He stated the plan should not be looked. at just in terms of the state of debt on the books, there would be constraints which would limit how much is outstanding at any one time with the county's ability to pay consistent with a financial policy which has produced a AAA rating. Mr. Carmody stated there has been a decline in the percentage of the budget that has been allocated to debt service. In response to Mr. Elswick's question regarding transportation revenue sharing, Mr. Carmody stated FY2014 matching funds, as in the two years prior, have come from unspent balances and some other projects. He further stated the county should continue to identify how to leverage state dollars that become available. In response to Mr. Holland's question relative to Schools' debt, Mr. Carmody stated the School Board has put forth a slate of top priority projects recognizing a longer time frame than five years to implement certain projects, as well as, how quickly the revitalization aspect is acted upon. He further stated a bond referenda could be considered for November 2013, noting that it would be challenging to do so, and further noting that the exact timing would be determined in conjunction with other possible elections. Ms. Jaeckle noted there would not be the level of operating costs added due to the School bond referendum, as has been done in the past. Mr. Gecker stated the budget needs to reflect the long-term priorities set out in the Comprehensive Plan. He further stated one of the underlying themes of the Comprehensive Plan J J J 13-35 01/23/13 is the equal provision of facilities throughout Chesterfield County. He stated the plan seeks to level the playing field between the eastern and western, northern and southern portions of the t further analysis of the financial constraints and impacts relative to Schools. He stated the Board has inherited a situation where deferred maintenance funded a lot of operational expense in the county. coup y to maintain the same level of government services provided in all areas. He recommended II Mr. Carmody noted the $347 million proposed for the School Board does include technology funding and major maintenance. In response to Mr. Holland's question regarding the Smith- Wagner building renovations, Mr. Carmody stated staff is currently working on outstanding questions from the Board. He further stated the Citizens' Budget Advisory Board is working diligently on the School Board CIP and consolidated services. Ms. Jaeckle stated by not maintaining and renovating older facilities, a different type of debt is left to the future citizens. 7. DEFERRED ITEMS 7.A. CONVEYANCE OF EASEMENT ACROSS CRESTWOOD ELEMENTARY SCHOOL PROPERTY TO VIRGINIA ELECTRIC AND POWER COMPANY On motion of Mr. Gecker, seconded by Mr. Warren, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute an agreement with Virginia Electric and Power Company for a 30' overhead easement across Crestwood Elementary School property at 7600 Whittington Drive. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Jaeckle, Elswick, Warren, Holland and Gecker. Nays: None. 8. NEW BUSINESS 8.A. APPOINTMENTS On motion of Mr. Gecker, seconded by Mr. Holland, the Board suspended its rules at this time to allow for simultaneous nomination/appointment/reappointment to the Agricultural and Forestry Committee and Ridefinders Board. Ayes: Jaeckle, Elswick, Warren, Holland and Gecker. Nays: None.. 8.A.1. AGRICULTURAL AND FORESTRY COMMITTEE On motion of Mr. Gecker, seconded by Mr. Elswick, the Board simultaneously nominated/reappointed Mr. Mark Landa, Mr. Howard Nester, Ms. Claire Durham, Mr. Stephen P. Lindberg, Mr. Stuart Jones, Mr. Wayne Campbell and Mr. George A. Beadles to serve on the Agricultural and Forestry Committee, whose terms are effective immediately and will expire December 31, 2014. Ayes: Jaeckle, Elswick, Warren, Holland and Gecker. Nays: None. 13-36 01/23/13 8.A.2. RIDEFINDERS BOARD On motion of Mr. Gecker, seconded by Mr. Elswick, the Board simultaneously nominated/appointed Mr. Ian Millikan and Ms. Barbara Smith (alternate) to serve on the Ridefinders Board, whose terms are at the pleasure of the Board. Ayes: Jaeckle, Elswick, Warren, Holland and Gecker. Nays: None. 8.B. CONSENT ITEMS 8.B.1. ADOPTION OF RESOLUTIONS 8.B.1.a. RECOGNIZING MR. RUFUS D. HONEYCUTT, DEPARTMENT OF MENTAL HEALTH SUPPORT SERVICES, UPON HIS RETIREMENT On motion of Mr. Gecker, seconded by Mr. Elswick, the Board adopted the following resolution: WHEREAS, Mr. Rufus D. Honeycutt has provided 25 years of dedicated and faithful service to Chesterfield County and has devoted himself to supporting the mission of the Chesterfield Community Services Board and the Department of Mental Health Support Services. WHEREAS, Mr. Honeycutt began his career with the Chesterfield County Department of Mental Health Support Services on April 21, 1986, as a part-time substitute Mental Retardation trainer; and WHEREAS, Mr. Honeycutt was promoted into a full-time position on March 9, 1987, as a Principal Production Training Specialist; and WHEREAS, Mr. Honeycutt assisted with the implementation of Supported Competitive Employment for individuals with intellectual disabilities in 1987; and WHEREAS, Mr. Honeycutt was promoted to an Employment Supervisor in 1995, supervising Chesterfield Employment Services staff who support persons with intellectual disabilities; and WHEREAS, Mr. Honeycutt worked diligently to secure contract work for persons with intellectual disabilities in the sheltered workshop for nine years; and WHEREAS, Mr. Honeycutt worked to elevate the status of persons with intellectual disabilities in the community by assisting them to fill the role of "employee"; and, WHEREAS, Mr. Honeycutt worked as a member of the team to successfully transition all consumer jobs into community businesses between 1991 and 1996; and WHEREAS, Mr. Honeycutt marketed to community businesses to secure additional group employment opportunities on an on- go~n~ basis for an additional 16 years; and J J 13-37 01/23/13 WHEREAS, Mr. Honeycutt successfully worked on a grant initiative from VCU in 1993 to implement Person-Centered Planning practices in the implementation of employment services for persons with intellectual disabilities; and WHEREAS, Mr. Honeycutt was a First Aid and Basic Life Support instructor from 2005 through 2011; and WHEREAS, Mr. Honeycutt has witnessed the growth of Chesterfield Employment Services serving individuals with intellectual disability from 60 individuals to more than 200 individuals; and WHEREAS, Mr. Honeycutt worked with a team of staff to implement Customized Employment in service delivery practices through a grant obtained from Virginia Commonwealth University; and WHEREAS, Mr. Honeycutt participated in the implementation of Profiler, an electronic health record during 2010. NOW, THEREFORE, BE IT County Board of Supervisors Mr. Rufus D. Honeycutt, and years of dedicated service upon his retirement, and be retirement. RESOLVED that the Chesterfield recognizes the contributions of extends appreciation for his 25 to the county, congratulations Est wishes for a long and happy Ayes: Jaeckle, Elswick, warren, Holland and Gecker. Nays: None. 8.B.l.b. RECOGNIZING THE LATE MR. JAMES M. GROOME, SR., DEPARTMENT OF GENERAL SERVICES, FOR HIS SERVICE TO CHESTERFIELD COUNTY On motion of Mr. Gecker, seconded by Mr. Elswick, the Board adopted the following resolution: WHEREAS, Mr. James M. Groome, Sr. joined Chesterfield County on April 7, 1997, as a full time employee in the General Services Department as a Vehicle Attendant; and WHEREAS, Mr. Groome served until November 11, 2000, and was then promoted to a Senior Maintenance Worker in the Solid Waste Division; and WHEREAS, in 2001, Mr. Groome received the Recognition Award for an outstanding job in making the leaf collection program the best ever; and WHEREAS, Mr. Groome was promoted to Heavy Equipment Operator on October 12, 2002; and WHEREAS, Mr. Groome was named Employee of the Year for Waste and Resource Recovery Collections in 2003, and has received numerous letters of appreciation, commendation and acknowledgement recognizing his commitment to excellence, diligence, quality of work, exceptional customer service, efficiency, work ethic and dedication; and 13-38 01/23/13 WHEREAS, Mr. Groome was always the consummate gentleman when dealing with citizens and co-workers and through his example influenced many co-workers to be better employees; and WHEREAS, Mr. Groome mentored younger workers on how Chesterfield County employees should serve in a dedicated and professional manner; and WHEREAS, Mr. Groome demonstrated his commitment to training and education by graduating from the School of Total Quality Improvement (TQI) in 2003 through Chesterfield University; and WHEREAS, in 2004, Mr. Groome served as a member of the Employee Advisory Council; and WHEREAS, Mr. Groome served until June 28, 2008, and was then transferred internally to Building and Grounds Day shift as a Maintenance Worker; and NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes the outstanding contributions of the late Mr. James M. Groome, Sr. and expresses their profound appreciation for his dedicated service to the county. AND, BE IT FURTHER RESOLVED that a copy of this resolution be presented to the family of Mr. Groome and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Ayes: Jaeckle, Elswick, Warren, Holland and Gecker. Nays: None. 8.B.2. APPROVAL OF FINAL CHANGE ORDER FOR THE NUTRIENT COMPLIANCE PROJECT AT PROCTORS CREEK WASTEWATER TREATMENT PLANT On motion of Mr. Gecker, seconded by Mr. Elswick, the Board approved the final change order for Contract 06-0379, Nutrient Compliance Project at Proctors Creek Wastewater Treatment Plant in the amount of $209,145.36 and authorized the County Administrator to execute the necessary documents. Ayes: Jaeckle, Elswick, Warren, Holland and Gecker. Nays: None. 8.B.3. ACCEPTANCE OF PARCELS OF LAND 8.B.3.a. WEST OF VILLAGE SQUARE PARKWAY FROM GREENWICH WALK, LLC On motion of Mr. Gecker, seconded by Mr. Elswick, the Board accepted the conveyance of a parcel of land containing 0.107 acres west of Village Square Parkway from Greenwich Walk, LLC, and authorized the County Administrator to execute the deed. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Jaeckle, Elswick, Warren, Holland and Gecker. Nays: None. J J J 13-39 01/23/13 8.B.3.b. ADJACENT TO OTTERDALE ROAD FROM SWIFTCREEK REALTY PARTNERS, LLC On motion of Mr. Gecker, seconded by Mr. Elswick, the Board accepted the conveyance of six parcels of land containing a total of 4.838 acres adjacent to Otterdale Road from Swiftcreek Realty Partners, LLC, and authorized the County Administrator to execute the deed. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Jaeckle, Elswick, Warren, Holland and Gecker. Nays: None. 8.B.3.c. ADJACENT TO OTTERDALE ROAD FROM COSBY VILLAGE, LLC On motion of Mr. Gecker, seconded by Mr. Elswick, the Board accepted the conveyance of eight parcels of land containing a total of 2.328 acres adjacent to Otterdale Road from Cosby Village, LLC, and authorized the County Administrator to execute the deed. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Jaeckle, Elswick, Warren, Holland and Gecker. Nays: None. 8.B.3.d. ALONG SPRUCE AVENUE AND EAST HUNDRED ROAD FROM TIMOTHY GROUP, LLC On motion of Mr. Gecker, seconded by Mr. Elswick, the Board accepted the conveyance of five parcels of land containing a total of 0.190 acres along Spruce Avenue and East Hundred Road from Timothy Group, LLC, and authorized the County Administrator to execute the deed. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Jaeckle, Elswick, Warren, Holland and Gecker. Nays: None. 8.B.4. REQUESTS TO QUITCLAIM 8.B.4.a. PORTION OF A SIXTEEN-FOOT SEWER AND A VARIABLE WIDTH WATER EASEMENT ACROSS THE PROPERTIES OF M-3 INVESTORS, LLC AND CABA SH INVESTORS, LLC On motion of Mr. Gecker, seconded by Mr. Elswick, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute a quitclaim deed to vacate a portion of a 16' sewer and a variable width water easement across the properties of M-3 Investors, LLC and Caba SH Investors, LLC. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Jaeckle, Elswick, Warren, Holland and Gecker. Nays: None. 13-40 01/23/13 8.B.4.b. PORTIONS OF A TWENTY-FOOT SEWER EASEMENT ACROSS THE PROPERTY OF 6801 WOOLRIDGE ROAD-MOSELEY, LP On motion of Mr. Gecker, seconded by Mr. Elswick, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute a quitclaim deed to vacate portions of a 20' sewer easement across the property of 6801 woolridge Road-Moseley, LP. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Jaeckle, Elswick, Warren, Holland and Gecker. Nays: None. 8.B.5. STATE ROADS ACCEPTANCE On motion of Mr. Gecker, seconded by Mr. Elswick, the Board adopted the following resolution: WHEREAS, the streets described below are shown on plats recorded in the Clerk's Office of the Circuit Court of Chesterfield County; and WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised this Board the streets meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation. J NOW, THEREFORE, BE IT RESOLVED, that this Board requests the Virginia Department of Transportation to add the streets described below to the secondary system of state highways, pursuant to Section 33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements. AND, BE IT FURTHER RESOLVED, that this Board guarantees a clear and unrestricted right-of-way, as described, and any necessary easements for cuts, fills and drainage. AND, BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. Project/Subdivision: Brookcreek Crossing Section A Type Change to the Secondary System miles of State Highways: Addition Reason for Change: New subdivision street Pursuant to Code of Virginia Statute: §33.1-229 Street Name and/or Route Number • Paddle Creek Drive, State Route Number 7664 From: Route 970 North Otterdale Road Extended To: Route 7666 Bridge Spring Drive, a distance of: 0.06 miles. Recordation Reference: PB 190, PG 79 Right of Way width (feet) = 50 feet • Paddle Creek Drive, State Route Number 7664 From: Route 7666 Bridge Spring Drive To: Route 7665 Paddle Creek Court, a distance of: 0.06 miles. Recordation Reference: PB 190, PG 79 Right of Way width (feet) = 40 feet 13-41 01/23/13 • Paddle Creek Court, State Route Number 7665 From: Route 7664 Paddle Creek Drive To: Cul-de-sac, a distance of: 0.03 miles. Recordation Reference: PB 190, PG 79 Right of Way width (feet) = 40 feet • Bridge Spring Drive, State Route Number 7666 From: Route 7664 Paddle Creek Drive To: Cul-de-sac, a distance of: 0.15 miles. Recordation Reference: PB 190, PG 79 Right of Way width (feet) = 50 feet • Paddle Creek Drive, State Route Number 7664 From: Route 7665 Paddle Creek Court To: Cul-de-sac, a distance of: 0.03 miles. Recordation Reference: PB 190, PG 79 Right of Way width (feet) = 40 feet Ayes: Jaeckle, Elswick, Warren, Holland and Gecker. Nays: None. 8.B.6. APPROVAL OF MEMORANDUM OF UNDERSTANDING BETWEEN CHESTERFIELD, HANOVER AND HENRICO COUNTIES, RICHMOND CITY AND VIRGINIA STATE POLICE FOR THE RICHMOND METROPOLITAN VIOLENT CRIMES AND GANG TASK FORCE On motion of Mr. Gecker, seconded by Mr. Elswick, the Board approved a Memorandum of Understanding between Chesterfield County Police Department, Hanover County Sheriff's Office, Henrico County Police Department, Richmond City Police Department, and Virginia State Police for the Richmond Metropolitan Violent Crimes and Gang Task Force, and authorized the Chief of Police to execute the Memorandum of Understanding on behalf of the county. (It is noted a copy of the MOU 'is filed with the papers of this Board.) Ayes: Jaeckle, Elswick, Warren, Holland and Gecker. Nays: None. 9. REPORTS 9.A. REPORT ON STATUS OF GENERAL FUND BALANCE, RESERVE FOR FUTURE CAPITAL PROJECTS, DISTRICT IMPROVEMENT FUNDS AND LEASE PURCHASES On motion of Mr. Gecker, seconded by Mr. Elswick, the Board accepted the following report: a Report on Status of General Fund Balance, Reserve for Future Capital Projects, District Improvement Funds and Lease Purchases. Ayes: Jaeckle, Elswick, Warren, Holland and Gecker. Nays: None. 10. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED MATTERS There were no requests to address the Board at this time. 13-42 01/23/13 11. DINNER On motion of Mr. Gecker, seconded by Mr. Elswick, the Board recessed to Room 502 for dinner. Ayes: Jaeckle, Elswick, Warren, Holland and Gecker. Nays: None. Reconvening: 13. INVOCATION Deputy County Administrator Sarah Snead gave the invocation. 14. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Eagle Scout Stephen James Schilling led the Pledge of Allegiance. 15. RESOLUTIONS 15.A. RECOGNIZING BOY SCOUTS UPON ATTAINING THE RANK OF EAGLE SCOUT Mr. Kappel introduced Mr. Stephen James Schilling, Mr. Robert Wesley Turner, Mr. Christian Barrett Spencer, Mr. Gregory Lloyd Woody and Mr. Alan Thomas O'Keefe, Mr. Matthew John Godon, Mr. Tyler Scott Grabham, Mr. Jack Tyler Berberette, Mr. Christian Richard Forrest Colwell and Mr. Tyler David Gould, who were present to receive the resolution. On motion of Mr. Holland, seconded by Mr. Gecker, the Board adopted the following resolution: WHEREAS, the Boy Scouts of America was incorporated by Mr. William D. Boyce on February 8, 1910, and was chartered by Congress in 1916; and WHEREAS, the Boy Scouts of America was founded to build character, provide citizenship training and promote physical fitness; and WHEREAS, after earning at least twenty-one merit badges in a wide variety of skills including leadership, service and outdoor life, serving in a leadership position in a troop, carrying out a service project beneficial to their community, being active in the troop, demonstrating Scout spirit, and living up to the Scout Oath and Law, Mr. Stephen James Schilling, Troop 2806, sponsored by Woodlake United Methodist Church, Mr. Robert Wesley Turner, Mr. Christian Barrett Spencer, Mr. Gregory Lloyd Woody and Mr. Alan Thomas O'Keefe, all of Troop 869, sponsored by the Salisbury Presbyterian Church, and Mr. Matthew John Godon, Mr. Tyler Scott Grabham, Mr. Jack Tyler Berberette, Mr. Christian Richard Forrest Colwell and Mr. Tyler David Gould, all of Troop 2860, sponsored by Woodlake United Methodist Church,have accomplished those high standards of commitment and have reached the long-sought goal of Eagle Scout, which is J J J 13-43 01/23/13 received by only four percent of those individuals entering the Scouting movement; and WHEREAS, growing through their experiences in Scouting, learning the lessons of responsible citizenship, and endeavoring to prepare themselves for a role as leaders in society, Stephen, Wesley, Christian, Gregory, Alan, Matthew, Tyler, Jack, Christian and Tyler have distinguished themselves as members of a new generation of prepared young citizens of whom we can all be very proud. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 23rd day of January 2013, publicly recognizes Mr. Stephen James Schilling, Troop 2806, sponsored by Woodlake United Methodist Church, Mr. Robert Wesley Turner, Mr. Christian Barrett Spencer, Mr. Gregory Lloyd Woody and Mr. Alan Thomas O'Keefe, all of Troop 869, sponsored by the Salisbury Presbyterian Church, and Mr. Matthew John Godon, Mr. Tyler Scott Grabham, Mr. Jack Tyler Berberette, Mr. Christian Richard Forrest Colwell and Mr. Tyler David Gould, all of Troop 2860, sponsored by Woodlake United Methodist Church, extends congratulations on their attainment of Eagle Scout, and acknowledges the good fortune of the county to have such outstanding young men as its citizens. Ayes: Jaeckle, Elswick, Warren, Holland and Gecker. Nays: None. Mr. Elswick, Mr. Gecker, and Mr. Warren presented the executed resolutions and patches to each of the Eagle Scouts, accompanied by members of their families, congratulated then on their outstanding achievements, and wished them well in future endeavors. Each of the scouts provided details of their Eagle Scout project and expressed appreciation to their parents and others for their support. 16. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED MATTERS Mr. Mark Allen addressed the Board relative to funding of specialized programs accessible to Chesterfield County school students. Mr. David Wilson addressed the Board relative to Chesterfield County schools and the importance of smaller class sizes. Mr. Doug Scheibe stressed the importance and benefits of public education on the youths of the county. Mr. Freddy Boisseau addressed the Board relative to the Board of Supervisors' line-by-line review of the budget and expressed concerns regarding the county's request to the General Assembly to adopt a meals tax without a referendum. 13-44 01/23/13 17. REQUESTS FOR MANUFACTURED HOME PERMITS AND REZONING PLACED ON THE CONSENT AGENDA TO BE HEARD IN THE FOLLOWING ORDER: - WITHDRAWALS/DEFERRALS - CASES WHERE r.,u~ a~nr_Tr+num n[•CF.PTS THE RECOMMENDATION AND THERE IS NO OPPOSITION - CASES WHERE THE APPLICANT DOES NUT Al:c:~r_l THE RECOMMENDATION AND/OR THERE IS PUBLIC OPPOSITION WILL BE HEARD AT SECTION 19 12SN0149 _- In Clover Hill Magisterial District, Greater Richmond Sailing Association requests conditional use and amendment of zoning district map to permit outdoor recreation in an Agricultural (A) District on 6.6 acres known as 4301 Woolridge Road. Density will be controlled by zoning conditions or ordinance standards. The Comprehensive Plan suggests the property is appropriate for a maximum density of 2.0 dwellings per acre. Tax ID 719-685-4753. Mr. Tompkins presented a summary of Case 125N0149 and stated both the Planning Commission and staff recommended approval and acceptance of the proffered conditions. Mr. Andrew Scherzer, representing the applicant, accepted the recommendation. Ms. Jaeckle called for public comment. There being no one to speak to the request, the public hearing was closed. Mr. Warren made a motion, seconded by Mr. Gecker, for the Board to approve Case 12SN0149 and accept the following proffered conditions: 1. The conditional use shall be granted to and for the Greater Richmond Sailing Association, exclusively, and shall not be transferable or run with the land. (P) 2. Existing permitted uses and facilities (docks, bulkheads, floating docks, boat storage, ramps, sail folding area, picnic area, shelter, playground, access road and parking area) as shown on "Exhibit A," prepared by Balzer and Associates, Inc. dated 10-15-2012, shall be permitted to remain as shown; however, any new development of the property shall conform to requirements of the Zoning Ordinance for commercial uses within Emerging Growth District areas. (P) 3. In addition to the requirements of Proffered Condition 2, with any new development of the property, a fifty (50) foot buffer, inclusive of setbacks, shall be provided adjacent to Tax ID 719-685-1957 and along Genito and Woolridge Roads. Such buffer shall be provided in accordance with Ordinance requirements for fifty (50) foot buffers. (P) 4. Unless use of a powerboat is necessary in an emergency, no powerboat shall be permitted to be launched from this site. (P) 5. Hours of operation shall be restricted to between 6:00 a.m. and 10:00 p.m. (P) J J J 13-45 01/23/13 6. Only one (1) sign with a maximum area of twenty (20) square feet and a maximum height of eight (8) shall be permitted to identify this use. Such sign shall not be illuminated. (P) 7. All entrances to the property shall be secured with gates designed to preclude trespassing. (P) 8. Prior to any site plan approval or within sixty (60) days of a written request by the Transportation Department, whichever occurs first, forty-five (45) feet of right-of-way on the south side of Genito Road, measured from the centerline of the part of Genito Road immediately adjacent to the property, shall be dedicated, free and unrestricted, to and for the benefit of Chesterfield County. (T) Ayes: Jaeckle, Elswick, Warren, Holland and Gecker. Nays: None. 13SN0140 In Clover Hill Magisterial District, Sarah Phuong Tran requests rezoning and amendment of zoning district map from Agricultural (A) to Community Business (C-3) on .7 acre known as 9930 Hull Street Road. Density will be controlled by zoning conditions or ordinance standards. The Comprehensive Plan suggests the property is appropriate for community mixed use. Tax ID 750-686-0275. Mr. Tompkins presented a summary of Case 13SN0140 and stated both the Planning Commission and staff recommended approval and acceptance of the proffered conditions. Ms. Sarah Phuong Tran accepted-the recommendation. Ms. Jaeckle called for public comment. There being no one to speak to the request, the public hearing was closed. Mr. Warren made a motion, seconded by Mr. Elswick, for the Board to approve Case 13SN0140 and accept the following proffered conditions: 1. Access. In conjunction with any development or redevelopment on the property, as determined by the Transportation Department, direct vehicular access from the property to Route 360 shall be limited to one (1) entrance/exit. The exact location of this access shall be approved by the Transportation Department. Prior to final site plan approval, an access easement, acceptable to the Transportation Department, shall be recorded from the Route 360 access to serve the adjacent property to the west. (T) 2. Road Improvements. In conjunction with any development or redevelopment on the property, as determined by the Transportation Department, the developer shall construct additional pavement along Route 360 at the approved access to provide a right turn lane, and dedicate any 13-46 01/23/13 additional right of way (or easements) required for this improvement. (T) 3. Architectural Standards. Architectural treatment of new buildings, including materials, color and style, shall be compatible with buildings located in the Rockwood Plaza shopping center (Tax ID 749-686-7087). (P) 4. Signs. No electronic message center signs shall be permitted. (P) Ayes: Jaeckle, Elswick, Warren, Holland and Gecker. Nays: None. 13SN0142 (AMENDED) In Dale Magisterial District, Chesterfield County Board Of Supervisors proposes conditional use planned development and amendment of zoning district map to permit exceptions to ordinance requirements relative to offsite directional signs and sign setbacks in Agricultural (A), Neighborhood Business (C-2) and Community Business (C-3) Districts on .9 acre located along Iron Bridge, Krause and Lori Roads, and Mimms Drive within and around the Chesterfield Government Center Complex. Density will be controlled by zoning conditions or ordinance standards. The Comprehensive Plan suggests the property is appropriate for community mixed use and corporate office uses. Tax IDs 770- 662-9727; 771-661-1573; 771-662-6181; 772-661-6867; and within the right-of-way adjacent to 770-661-4379; 771-662- 6324 and 9506; 772-663-9929; and 771-662-6181. Mr. Tompkins presented a summary of Case 13SN0142 and stated both the Planning Commission and staff recommended approval subject to the conditions. Ms. Jaeckle called for public comment. Ms. Myra Owens expressed concerns relative to the language of the notice that she received as an adjacent property owner. Ms. Jane Peterson stated as a result of recent road improvements to Route 10, traffic patterns and access choices were modified in the project area. She further stated the county is seeking to improve visibility and awareness of these uses, to improve access and public convenience, by installing a series of off-site directional signs that are the subject of this zoning request. Ms. Jaeckle stated the proposed signage would permit clearer identification of the buildings, uses and services within the County Government Complex. Ms. Owens expressed her appreciation for the informative explanation. There being no one else to speak to the request, the public hearing was closed. 13-47 01/23/13 On motion of Mr. Holland, seconded by Mr. Elswick, the Board approved Case 13SN0142, subject to the following conditions: 1. Sign Use, Number and Location. In addition to off-site directional signs permitted by the Zoning Ordinance as located internal to the County Government Center area, twelve (12) off-site directional signs identifying the indicated facilities, all shown as to their general location on the exhibit titled "Off-site Directional Sign Exceptions" (Exhibit), shall be permitted. (P) 2. Sign Area and Height. Exceptions to the maximum sign area of seven (7) square feet and sign height of seven (7) feet shall apply to the following signs as noted on the Exhibit: a. Signs 3, 5 and 10 shall not exceed eleven (11) square feet in area. b. Signs 1 and 9 shall not exceed nine (9) square feet in area. c. Signs 1, 10 and 12 shall not exceed eleven (11), twelve (12) and nine (9) feet in height, respectively. (P) 3. Sign Setbacks. Exceptions to the minimum twenty (20) foot sign setback from edge of pavement or face of curb shall apply to the following signs as noted on the Exhibit: a. Signs 2, 3, 5, 10 and 12 shall be setback a minimum of two (2) feet. b. Signs 1 and 9 shall be setback a minimum of six (6) feet. c. Signs 4 and 6 shall be setback a minimum of ten (10) feet. d. Signs 7 and 8 shall be setback a minimum of fifteen (15) feet. (P) Ayes: Jaeckle, Elswick, Warren, Holland and Gecker. Nays: None. ~~e*m~ec In Clover Hill Magisterial District, Christopher Bryan Smith and Camille Elizabeth Smith request conditional use and amendment of zoning district map to permit a business (Stand Up Paddle Board Training) incidental to a dwelling in a Residential (R-9) District on .5 acre known as 7307 Round Ridge Place. Density will be controlled by zoning conditions or ordinance standards. The Comprehensive Plan suggests the property is appropriate for suburban residential II use (2.0 to 4.0 dwellings per acre). Tax ID 764-690-6604. Mr. Tompkins presented a summary of Case 13SN0146 and stated both the Planning Commission and staff recommended approval and acceptance of the proffered conditions. 13-48 01/23/13 Mr. Allan Smith, representing the applicant, accepted the nine proffered conditions. He expressed concerns relative to the imposition of a condition requiring covering of the trailer by a tarp while parked on the property for ten years. Ms. Jaeckle called for public comment. There being no one to speak to the request, the public hearing was closed. In response to Mr. Warren's question, Mr. Ryan Ramsey stated the homeowners association and the applicant were in a verbal agreement that the tarp would remain on the trailer while parked on the property. Mr. warren suggested a thirty-day deferral or act to impose the condition. Discussion ensued relative to the verbal agreement between the applicant and homeowners association. In response to Mr. Gecker's question, Mr. Smith stated there is a requirement that the conveyance be screened. Mr. Warren recommended deferral of the proposal due to an apparent misunderstanding between the applicant and homeowners association. He stated he would hold a community meeting if necessary. Mr. Warren then made a motion, seconded by Mr. Gecker, for the Board to defer Case 13SN0146 until February 27, 2013. Ayes: Jaeckle, Elswick, Warren, Holland and Gecker. Nays: None. ~~Rwn~~~ In Dale Magisterial District, Penny J. Weaver & John R. Bauer request an exception to Section 19-232 of the Chesapeake Bay Preservation Act requirements of the Zoning Ordinance to permit encroachment into the Resource Protection Area (RPA) buffer along Falling Creek Reservoir as a result of grading for construction related to an in-ground pool and necessary utilities. The property is located at 4309 Reservoir Lane, which is within the Falling Creek drainage basin. Tax ID 777- 692-8831. Mr. Tompkins presented a summary of Case 13RW0153 and stated staff recommended approval subject to the four conditions. Ms. Penny Weaver accepted the conditions. Ms. Jaeckle called for public comment. There being no one to speak to the request, the public hearing was closed. On motion of Mr. Holland, seconded by Mr. Warren, the Board approved Case 13RW0153, subject to the following conditions: 1. The mitigation measures outlined in the document titled Water Quality Impact Assessment - 4309 Reservoir Lane - North Chesterfield, Virginia, prepared by Penny Weaver and John Bauer; dated September 24, 2012 shall be incorporated and implemented during the plan review process. (EE) 13-49 01/23/13 2. The Department of Environmental Engineering may approve alternative mitigation measures if it is determined that such alternatives will not increase impacts to the Resource Protection Area (RPA) or downstream water bodies. (EE) 3. As mitigation for the encroachment the applicant shall maintain erosion and sediment control measures as required by the Department of Environmental Engineering and ensure preservation of the remaining vegetation. (EE) 4. Approval of this exception is for encroachment into the RPA buffer only and does not guarantee development of the site as explicitly proposed in the WQIA referenced in Condition 1 above. Development of the site is subject to all ordinance requirements, review processes, building permits and/or other requirements currently adopted at the time of plans review. (EE) Ayes: Jaeckle, Elswick, Warren, Holland and Gecker. Nays: None. 13CW0155 In Dale Magisterial District, Chesterfield Business Partners, LLC & Kingsland Towncenter, LLC request an exception to Section 19-232 of the Chesapeake Bay Preservation Act requirements of the Zoning Ordinance to permit encroachment into the Resource Protection Area (RPA) buffer along Kingsland Creek as a result of grading for construction related to buildings, facilities, parking and necessary utilities. The properties are located at 6732 Hill Road, 7000 Iron Bridge Road and 7130 Iron Bridge Road which are within the Kingsland Creek drainage basin. Tax IDs 771-676-6355; 771-678-2064; and 772-676-1473. Mr. Tompkins presented a summary of Case 13CW0155 and stated staff recommended approval subject to the nine conditions. Mr. Jack Wilson, representing the applicant, accepted the conditions. Ms. Jaeckle called for public comment. There being no one to speak to the request, the public hearing was closed. On motion of Mr. Holland, seconded by Mr. Warren, the Board approved Case 13CW0155, subject to the following conditions: 1. The mitigation measures outlined in the document titled Watermark Water Quality Impact Assessment - Watermark Partners, LLC prepared by Koontz-Bryant, P.C.; dated November 16, 2012 and revised January 11, 2013 shall be incorporated and implemented during the plans review process. (EE) 2. The Department of Environmental Engineering may approve alternative mitigation measures if it is determined that such alternatives will not increase impacts to the Resource Protection Area (RPA) or downstream water bodies. (EE) 3. In conjunction with the submittal of construction plans for Watermark Town Homes, as shown on Exhibit A in the staff report, 8.55 acres of Riparian Preservation Area shall be maintained along the northern boundary for 13-50 01/23/13 parcel 771-678-2064. The amended plat shall depict the addition of the riparian buffer as noted in the approved WQIA. The record plat shall bear a note: "No timbering shall be allowed in the Riparian Preservation Area except as approved by Chesterfield County for the removal of dead or diseased trees. Destruction or alteration of the Riparian Preservation Area, other than those authorized by Chesterfield County, shall be prohibited." No storage of materials, grading or construction for any structures or other improvements shall be allowed within the Riparian Preservation Area. However, boardwalks, wildlife management structures, observation decks and one (1) informative sign may be placed within the Riparian Preservation Area provided any such structure does not impede the natural movement of water and preserves the natural contour of the ground, and is subject to prior written approval by Chesterfield County. (EE & P) 4. At such time that the means of project CBPA compliance achieved by the recorded Notice of Compliance (NOC) document has been "used up" as determined by the Environmental Engineering Department, no further development can proceed without incorporating the retrofitting of the lake in accordance with the October 22, 2008 approved Watermark Regional BMP Construction plan (2008035) or comparable. (EE) 5. Prior to or concurrent with the first post-NOC project construction, Watermark Lake shall be upgraded in accordance with the October 22, 2008 approved Watermark Regional BMP Construction plan (2008035) or comparable. (EE) 6. Issuance of the land disturbance permit for the first post-NOC section of the townhome development will be pending the issuance of the land disturbance permit for the Watermark Lake improvements in accordance with the October 22, 2008 approved Watermark Regional BMP Construction plan (2008035) or comparable. Additional requirements are also included in the approval letter which shall be addressed. (EE) 7. Prior to the recordation of the first post-NOC lots, all improvements to Watermark Lake will have either been approved by virtue of the standard engineering certification or bonded to be built with that section. (EE) 8. The Environmental Engineering Department may impose a more rigorous erosion and sediment control program than which is provided by minimum standards found in the Virginia Erosion and Sediment Control Handbook. (EE) 9. Approval of this exception is for encroachment into the RPA buffer only and does not guarantee development of the site as explicitly proposed in the WQIA referenced in Condition 1 above. Development of the site is subject to all ordinance requirements, review processes, and/or other requirements currently adopted at the time of plans review. (EE) Ayes: Jaeckle, Elswick, Warren, Holland and Gecker. Nays: None. .- J J 13-51 01/23/13 13SN0162 In Midlothian Magisterial District, Midlogreen, LLC and TAK TENT L.P. (GRCRE, LLC) request amendment of conditional use planned development (Case 91SN0172) and amendment of zoning district map to permit a farmers market and outdoor vendors in Corporate Office (O-2) and Community Business (C-3) Districts on 30.2 acres located on the northeast corner of North Woolridge and Coalfields Roads and fronting 1160 feet on the west line of North Woolridge Road, 490 feet south of Walton Park Road. Density will be controlled by zoning conditions or ordinance standards. The Comprehensive Plan suggests the property is appropriate for planned transition area, village square and village fringe uses. Tax IDs 728- 704-9939 and 731-705-2856. Mr. Tompkins presented a summary of Case 13SN0162 and stated both the Planning Commission and staff recommended approval subject to the conditions. Mr. William Gardner, representing the applicant, accepted the conditions. Ms. Jaeckle called for public comment. There being no one to speak to the request, the public hearing was closed. Mr. Gecker expressed his appreciation to the applicant and stated the farmers' market will be a great addition to the quality of life in the village. Mr. Gecker then made a motion, seconded by Mr. Warren, the Board approved Case 13SN0162, subject to the following conditions: 1. The conditional use shall be granted to MidloGreen, LLC and Tak Tent L.P. (GRCRE, LLC) exclusively and shall not be transferrable or run with the land. The farmers' market shall only be operated by Grow RVA. (P) 2. All activities associated with the market and vendors, including booths and merchandise displays shall be located within the areas identified as Sites 1 or 2 on Exhibit A. (P) 3. The market and vendors shall be permitted to operate from April through December on Saturdays from 1:00 p.m. until 5:00 p.m. (P) 4. No continuous or overnight storage or display of merchandise shall be permitted. (P) 5. The property owner shall be responsible for the removal of litter from the market and parking areas at the close of business each operating day. (P) 6. The farmers' market shall not operate simultaneously on Sites 1 and 2, as identified on Exhibit A. (P) 7. This conditional use approval shall be granted for a period of five (5) years from the date of approval. (P) 8. There shall be no permanent structures or permanent signage erected to accommodate or identify this use. (P) Ayes: Jaeckle, Elswick, Warren, Holland and Gecker. Nays: None. 13-52 01/23/13 13SN0165 In Clover Hill Magisterial District, Aegis Waterford LLC requests amendment of conditional use planned development (Case 89SN0150) and amendment of zoning district map to permit a secondhand and consignment store in a Light Industrial (I-1) District on 9.1 acres fronting 290 feet on the north line of Genito Road, 245 feet east of Charter Colony Parkway, also fronting 600 feet on the south line of Watercove Road, 140 feet south of Waterford Lake Road. Density will be controlled by zoning conditions or ordinance standards. The Comprehensive Plan suggests the property is appropriate for regional mixed use. Tax ID 730-688-2683. Mr. Tompkins presented a summary of Case 135N0165 and stated both the Planning Commission and staff recommended approval and acceptance of the proffered condition. Ms. Cheri Bloss accepted the recommendation. Ms. Jaeckle called for public comment. There being no one to speak to the request, the public hearing was closed. Mr. Warren made a motion, seconded Mr. Gecker, for the Board to approve Case 13SN0165 and accept the following proffered condition: The applicant hereby amends Section VI.E.4 of the Textual Statement in Case 89SN0150 to read as follows: 4. Community Business District (B-1) (applicable to tracts designated as C/R on Exhibit II). a. Permitted Uses: (63) Secondhand and consignment stores, excluding motor vehicle consignment lots. (P) (STAFF NOTE: This use is in addition to those uses permitted by Case 89SN0150 and noted in Attachment 1.) Ayes: Jaeckle, Elswick, Warren, Holland and Gecker. Nays: None. 18. PUBLIC HEARINGS 18.A. TO CONSIDER THE FY2014 TRANSPORTATION ALTERNATIVE PROJECT Mr. McCracken stated this date and time has been scheduled for a public hearing for the Board to consider the FY2014 Transportation Alternative Project. Ms. Jaeckle called for public comment. There being no one to speak to the issue, the public hearing was closed. J J J 13-53 01/23/13 On motion of Mr. Warren, seconded by Mr. Gecker, the Board adopted the following resolution requesting VDOT approval and guaranteeing the local match for the Smoketree Drive (Community Recreation Center to the Church of the Epiphany main entrance) Sidewalk Project: WHEREAS, it is necessary that the local governing body request, by resolution, approval of a proposed transportation alternative project. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Chesterfield County requests the Richmond Area Metropolitan Planning Organization provide funding for the Smoketree Drive (Community Recreation Center to the Church of the Epiphany main entrance) Sidewalk Project. AND, BE IT FURTHER RESOLVED that the Board hereby agrees to pay 20 percent of the total estimated cost of $588,000 for construction of the Smoketree Drive (Community Recreation Center to the Church of the Epiphany main entrance) Sidewalk Project . Ayes: Jaeckle, Elswick, Warren, Holland and Gecker. Nays: None. 19. REMAINING MANUFACTURED HOME PERMITS AND ZONING REQUESTS There were no remaining requests for manufactured home permits or rezoning at this time. 20. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED MATTERS There were no requests the Board at this time. 21. ADJOURNMENT On motion of Mr. Gecker, seconded by Mr. Warren, the Board adjourned at 7:37 p.m. until February 6, 2013 at 3:00 p.m. Ayes: Jaeckle, Elswick, Warren, Holland and Gecker. Nays: None. ~~,, J mes S egm 'er ount dministrator 13-54 a ~ Dorothy J eckle Chairman 01/23/13 J J 13-55 01/23/13