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2014-12-10 MinutesN BOARD OF SUPERVISORS MINUTES December 10, 2014 Supervisors in Attendance: Mr. James M. Holland, Chairman Mr. Stephen A. Elswick, Vice Chrm. Ms. Dorothy A. Jaeckle Mr. Arthur S. Warren Mr. Daniel A. Gecker Mr. James J. L. Stegmaier County Administrator 14-762 Staff in Attendance: Mr. Greg Akers, Dir., Internal Audit Dr. Sheryl Bailey, Dep. County Administrator, Management Services Ms. Janice Blakley, Clerk to the Board Ms. Patsy Brown, Dir., Accounting Mr. Kevin Bruny, Chief Learning Officer Ms. Debbie Burcham, Exec. Dir., Community Services Board Mr. Allan Carmody, Dir., Budget and Management Ms. Jana Carter, Dir., Juvenile Services Mr. Barry Condrey, Dir., IST Mr. Richard Cordle, Treasurer Mr. Roy Covington, Dir., Utilities Mr. William Davenport, Commonwealth's Attorney Mr. Will Davis, Dir., Economic Development Mr. Patrick Driscoll, Airport Administrator 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. Joe Horbal, Commissioner of the Revenue Mr. Rob Key, Director, General Services Mr. Louis Lassiter, Asst. County Administrator Mr. Jeffrey L. Mincks, County Attorney Mr. Donald Newton, Chief Deputy, Sheriff's Office Ms. Susan Pollard, Dir., Public Affairs Ms. Mary Martin Selby, Dir., Human Resource Services Chief Loy Senter, Fire and EMS Mr. Scott Smedley, Dir., Environmental Engineering 12/10/14 Mr. Jesse Smith, Dir., Transportation Ms. Sarah Snead, Dep. County Administrator, Human Services Mr. Kirk Turner, Dir., Planning Mr. Rick Witt, Building Official, Building Inspection Mr. Scott Zaremba, Dir., HR Programs 1. APPROVAL OF MINUTES FOR NOVEMBER 19, 2014 On motion of Mr. Warren, seconded by Mr. Gecker, the Board approved the minutes of November 19, 2014, as submitted. Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 2. COUNTY ADMINISTRATOR'S COMMENTS 2.A. COUNTY ADMINISTRATOR'S REPORT • Mr. Stegmaier announced the Department of Public Affairs is launching a brand new video series call "Snapshot." He stated the Public Affairs Department began posting these short -but -informative videos on the county's social media feeds, including Facebook and Twitter. He also recognized Mr. Gene Cox, veteran anchorman, who was in the audience, who volunteered his time to interview Board members for individual videos. Ms. Jaeckle noted her mother-in-law's enthusiasm when told that she would be interviewed by Mr. Cox. • Mr. Stegmaier emphasized the efforts of the Fire and EMS Department to attract highly qualified candidates who reflect the diversity of the community. He stated a recruitment committee was formed that includes firefighters and officers who represent the department at many events throughout the community. He noted the firefighter -recruit application process is open through December 31St for academies that will be conducted in July 2015 and January 2016. • Mr. Stegmaier was pleased to report this week Military Times announced the Chesterfield County Police Department made its Best for Vets: Law Enforcement 2015 list. He stated the organization comprising Army Times, Navy Times, Air Force Times and Marine Corps Times focused on culture and policies that cater to military veterans when conducting and scoring the third annual Best for Vets. Ms. Jaeckle stressed the importance of expanding recruitment opportunities to distinguished Fort Lee retirees. In response to Ms. Jaeckle's remarks, Mr. Stegmaier stated in the past the county has been a recipient of awards from the Guard and Reserve, countywide, for the support the county provides to veterans. He further stated the county is also one of the initial members of the Virginia ValuesVeterans (V3) Program. 14-763 12/10/14 9 9 9 Ms. Jaeckle stated she went on a tour of the Fredericksburg Battlefield with a group of military servicemen, who mentioned a desire to retire in Chesterfield and their interest in local government employment. Mr. Stegmaier noted the county has been very successful recruiting individuals with a military background in the past. 2.B. CHESTERFIELD UNITED SOCCER CLUB/FIRST TOUCH SPORTS PRESENTATION Mr. Patrick McStay, Executive Director, Chesterfield United Soccer Club, and Mr. David Glass, Director of Outreach for Chesterfield United and Founder of First Touch Sports, provided an update to the Board on the soccer program Los Ninos After -School Recreational Program, run out of Bensley Park that has been implemented in some county schools. They stated the goal of the Los Ninos After -School Soccer Program is to offer a high quality and affordable soccer program to children living in the eastern section of Chesterfield County and to use soccer as a tool to teach the important mental skills that enable children to be successful in school, sports and life. Ms. Jaeckle expressed her appreciation and commended Mr. McStay and Mr. Glass for their tremendous efforts to enrich the lives of children, both academically and physically. Mr. Holland concurred with Ms. Jaeckle's comments. He also recognized Mr. Martin Gonzalez, owner of La Milpa Mexican Restaurant and Market, who was in the audience, and thanked him for his support of the program. Ms. Jaeckle stated the soldiers from Charlie Company at Fort Lee expressed their enjoyment of volunteering their time to teach the children soccer skills. 2.C. APPOMATTOX RIVER WATER AUTHORITY DAM RAISING PROJECT FnT.T.nW - TTP Mr. Covington provided a brief follow-up to the Board on the Appomattox River Water Authority (ARWA) dam raising project. He stated the ARWA is considering a project to raise the level of the Brasfield Dam by 18 inches to increase storage capacity in Lake Chesdin Reservoir by 1.9 billion gallons. He further stated the net cost of the project is estimated at $20,486,000, which includes a $5 million grant from the state. He highlighted staff's recommendations near term which include holding meetings to receive citizen input and address comments and suggested actions; continue to investigate wetland impacts and associated costs; and encourage the Appomattox River Water Authority Board to continue to consider the merits of the project. He noted the Board is requested to provide the County Administrator with guidance in preparation for the Appomattox River Water Authority Board meeting on January 15, 2015. 14-764 12/10/14 In response to Mr. Elswick's questions, Mr. Covington stated if the dam is not raised the full 18 inches then there is a possibility that the two bridges will not need to be replaced. He further stated within the Utilities Department budget funds are available for the project and have been accounted for in terms of the CIP and rates have been adjusted accordingly to account for the $10 million in the water supply project. He stated the estimated $10 million for the county's share of the project has been incorporated and approved in the budget and rates have been adjusted, causing there to be no further rate increases to the citizens. Mr. Warren stated the Board should move forward rapidly with the project at the appropriate time. He further stated Henrico is spending a considerable amount of money to plan for their county's future regarding water supply. Mr. Holland concurred with Mr. Warren's remarks. Mr. Elswick made a motion for the Board to adopt the recommendation of staff to pursue the most cost effective option of raising the Brasfield Dam and continue to investigate wetland impacts and associated costs. Mr. Warren seconded Mr. Elswick's motion. Mr. Gecker stated he fully supports the exploration of raising of the dam. He further stated it is not the exclusive path toward future water viability, which the motion indicated. He stated raising the dam and assuming the cost is an appropriate step for the Board to be following. He further stated he does not want to derail the other avenues that are being pursued that are brought past the increase in life that the project would bring to a little bit further out on the time horizon. He stated he wants the motion to be clear that the Board is not directing ARWA to abandon the other avenues that are being pursued in favor of the direction on the table. Mr. Holland concurred with Mr. Gecker's comments. He stated for years the Board has pursued additional water supply for Chesterfield County, given the county's growth potential and what is expected in the future. Mr. Gecker asked Ms. Blakley to reread the original motion for clarification. Ms. Blakley reread Mr. Elswick's motion. Mr. Gecker recommended incorporating the idea of not excluding other options into the original motion. Mr. Elswick stated when Mr. Covington presented his recommendation to the Board last month, he highlighted two options, one to raise the dam and the other for long-term off-site storage. He expressed concerns relative to the cost of the long-term off-site storage option. In response to Mr. Elswick's remarks, Mr. Gecker clarified that also pursuing the off-site storage option now to put certain things in place prior to potential regulatory changes still makes sense for the county. 14-765 12/10/14 9 Mr. Stegmaier stated the recommendation and the clarification are all in line with where staff believes the direction of the county should go. He further stated the dam raise project gets the county about 10-11 additional years of capacity; however, beyond that period off-site storage is still needed to increase capacity beyond what the dam raise would add to the period of 10-11 years. He stated both options should be pursued simultaneously, keeping the off-site storage option in the bank for that time in the future when it is needed. Mr. Holland called for a vote on Mr. Elswick's motion, seconded by Mr. Warren, for the Board to adopt the recommendation of staff to pursue the most cost effective option of raising the Brasfield Dam and continue to investigate wetland impacts and associated costs, without excluding the future option regarding long-term off-site storage. Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 2.D. CHESAPEAKE BAY TOTAL MAXIMUM DAILY LOAD (TMDL) AND MS4 PERMIT UPDATE Mr. Smedley provided an update to the Board relative to the Chesapeake Bay TMDL and MS4 Permit status. He stated not only is the project a major component of the compliance plan and a huge cost savings to the county, but it is a significant asset and community amenity. He reviewed the Falling Creek Reservoir Restoration Plan and stated the environmental revitalization of the Falling Creek Reservoir will stabilize this area of the county and is consistent with the Board's goal of revitalization. He further stated to replace the Falling Creek project, it would take approximately 70 additional projects and would cost $60 million. In regards to TMDL program funding, he stated there is currently no grant funding in the state FY2016 budget. He noted the program cost and sequencing requires a dedicated funding source. He stated the service district is still the best option and rates range from $0.015-$0.025, depending on the implementation date, with an average per household cost of $33-55 per year. He further stated the Falling Creek project credits approved make up 40 percent of the county's compliance plan. He noted staff continues to evaluate creative options for the compliance. Mr. Gecker highly praised the current approach taken and stated he is comfortable with the direction the plan is headed. He further stated he hopes in addition to dredging there will be further enhancements along the banks of Falling Creek in order to optimize an area where people in the community can use. In response to Mr. Gecker's comments, Mr. Smedley stated because the reservoir is so built out, land use is very limited. He further stated the county does not own a considerable amount of land, except around the dam. He noted as part of the project there would be some land easement acquisition, particularly in the upper regions of the reservoir in order to do annual maintenance. He stated there will be a lowering of the reservoir level, particularly beneficial towards the upper reservoir, specifically north of Route 10. He noted lowering the reservoir would pose a huge cost savings for the county. 14-766 12/10/14 Mr. Gecker expressed concerns that the service district may not be the best way to finance the plan. He made a recommendation for staff to take a look a combination of operational and CIP funding overall, to see if there are other sources before essentially raising the real estate rate in order to make the plan happen. In response to Ms. Jaeckle's questions, Mr. Smedley stated there has been a little bit of involvement relative to citizen participation in the upper reservoir district. He further stated citizens in that area are enthusiastic about the plan. He noted if the Board decides to move forward with the project, there will be many more community meetings in the future. He stated discussion with the City of Richmond has not ensued; however, there is potential for them to take advantage due to the amount of watershed that drains from Richmond. Ms. Jaeckle stressed the importance of reinvesting in the upper reservoir area. She stated citizens from that area value the accessibility of the location. Mr. Elswick expressed concerns relative to future tropical storms and their potential damaging effects to the dam. In response to Mr. Elswick's concern, Mr. Smedley stated the Utilities Department did provide repairs and reinforcements around the dam. Mr. Elswick concurred with Mr. Gecker's recommendation to staff. Mr. Holland commended Mr. Smedley relative to creative options that were alluded to in his presentation. He stated the plan will ultimately affect budgetary decisions in the future. In response to Mr. Holland's question relative to grant funding, Mr. Smedley stated Chesterfield County did receive another $1.6 million for this fiscal year that will help to fund the three projects in the CIP. He further stated the grant funding for FY2016 is currently nonexistent, based on the state's financial situation. Mr. Holland highly praised the efforts made to meet with upper reservoir citizens who are very passionate about the plan. Mr. Stegmaier stated he wanted to bring to the Board's attention the idea of very critical county/school projects approved in the bond referendum by the voters last year. He further stated the way those particular projects interfaced with the Comprehensive Plan, which the Board adopted in October 2012, there has been some discussion about the value of the county and the Board of Supervisors working closely with the School Board to ensure there is appropriate community involvement in the critical projects and to ensure a high level of openness and transparency around the projects and the direction they are headed. He encouraged Board discussion relative to clarification of the projects mentioned. He also noted he has discussed this matter with Dr. Newsome, who sees the advantages of the Board of Supervisors and School Board working closely together in order to move forward with the critical projects and stressed their importance to the future of the county and education. 14-767 12/10/14 9 9 Mr. Gecker stated he sent the County Administrator a proposal last month for a new committee loosely titled the Chesterfield Capital Construction Citizen Goals and Accountability Committee. He further stated the Board is embarking upon a fairly significant capital project campaign through the schools. He stated in 2012 the Board adopted a new Comprehensive Plan which placed a focus on maintaining the viability of existing areas of the county and clearly the investment in schools is a significant component. He further stated in addition, in moving forward with the Comprehensive Plan calls for investments in communities and it seems to make sense to dovetail in specific communities as schools are rehabilitated. He noted he attended a joint meeting with Mr. Elswick at Providence Middle School to discuss the design of the school and one of the things that became clear there was the necessity to embrace not only the school's needs, but the community's needs as the process continues. He stated the Board is in a very good position to assist Schools in going through the community portion of the process. In terms of the community interaction with the school and other enhancements, he stated the Board is in the best position to assist there. He further stated the proposal was to form a committee to ensure that the school capital projects are aligned with the goals of the Comprehensive Plan, that they are coordinated with other efforts aimed at revitalization of existing neighborhoods and compatible with existing development. He stated the proposal called for two Board members from each of the two Boards, the finance director of Schools, the county's budget and management director, a representative from the Citizens Budget Advisory Committee, and amended the proposal to add a Planning Commissioner. Mr. Holland stated he met with Dr. Newsome, Mr. Hawkins and Mr. Carmody regarding the issue of school capital projects. He stressed the importance of both Boards demonstrating transparency and accountability in order to ensure school capital projects are aligned with goals and principles. He stated there is a lot of work to be done relative to creating the committee and how appointments are determined. He further stated the proposal is a great step toward excellence. Mr. Gecker requested that the Board continue discussion of the matter at the January 14, 2015 meeting. Mr. Holland stated the Board needs to discuss the life and functionality of the committee being proposed. In response to Ms. Jaeckle's question, Mr. Gecker stated the contemplation is that the committee will expire when the projects are finalized. He further stated the Board can discuss oversight and accountability, but without a formal structure in place, it is just on the table to be talked about. Mr. Holland expressed concerns relative to oversight without operational work. He stated the Board has a responsibility to be a Board and not do the work of staff. He further stated he asked Dr. Newsome to analyze his staff members doing the work that is expected of them relative to school construction projects. 14-768 12/10/14 Mr. Elswick noted he received several calls from individuals that live near Providence Elementary School requesting information relative to impacts on their neighborhoods as a result of school capital projects. He stressed the importance of the community having a link to schools. Mr. Holland stated future community meetings will be held regarding the expectation of Beulah Elementary School. He asked that the appropriate information be assimilated to all School Board members, as well as himself, in regards to the committee's structure and functionality. 3. BOARD MEMBER REPORTS Ms. Jaeckle stated she met earlier this week with Police Department staff regarding the quarterly crime report and noted she is continually impressed with the caliber and innovativeness of members of the Police force. Mr. Elswick extended his condolences to the family of Dr. William C. Bosher, former superintendent of Chesterfield County Public Schools, who passed away on December 1St Mr. Holland stated he attended Dr. Bosher's funeral and was impressed by the outpouring of love and support for him. He noted Dr. Bosher's many accomplishments during his tenure as superintendent of Chesterfield County Public Schools. Ms. Jaeckle stated Dr. Bosher positively affected thousands of lives. She further stated it was a privilege to know him and expressed her condolences to his family. Mr. Holland announced the Dale District held a joint community meeting with Mr. Wyman on Thursday, December 4th at Falling Creek Middle School, regarding an education outlook in excellence. He noted he is an advocate for the reimbursement of funds to teachers who desire to continue their education. He also announced he attended the Richmond Metropolitan Transportation Authority (RMTA) Board meeting yesterday regarding transportation initiatives. 4. REQUESTS TO POSTPONE AGENDA ITEMS AND ADDITIONS, DELETIONS OR CHANGES IN THE ORDER OF PRESENTATION On motion of Mr. Warren, seconded by Mr. Elswick, the Board deleted Item 5.A., Resolution Recognizing Mrs. Ruth McDaniel Garst Showalter on Her 100th Birthday; and replaced the attachment to Item 8.C.15., Authorization for County Administrator to Select the Method of Aid to Locality Reductions for Fiscal Year 2015. Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 14-769 12/10/14 9 19 5. RESOLUTIONS AND SPECIAL RECOGNITIONS S.B. RECOGNIZING MR. PAT MCSTAY AND MR. DAVID GLASS FOR THEIR OUTSTANDING CONTRIBUTIONS TO THE YOUTHS OF CHESTERFIELD COUNTY Mr. Golden introduced Mr. Pat McStay and Mr. David Glass, who were present to receive the resolution. On motion of Mr. Holland, seconded by Mr. Elswick, the Board adopted the following resolution: WHEREAS, participation in youth athletics have been an integral part in the physical and emotional development of our youth in Chesterfield County; and WHEREAS, the Los Ninos After -School Soccer Program is a collaborative effort which brings together a number of non- profit organizations, businesses, churches and county agencies that are focused on youth development and building communities; and WHEREAS, First Touch Sports and Chesterfield United Soccer Club have provided exemplary leadership, guidance and direction and in a few short years have accomplished a lifetime of community contribution by their exemplary volunteerism; and WHEREAS, Chester Presbyterian Church, Beulah United Methodist, U. S. Soldiers from Charlie Company at Fort Lee, La Milpa Mexican Restaurant and Market, Chesterfield County Public Schools and Chesterfield County Parks and Recreation have helped provide the necessary components for accomplishing the objectives of teaching soccer skills and positive character strengths; and WHEREAS, the Los Ninos After -School Soccer Program started in the spring of 2012 with 35 participants and has grown to almost 200 youth soccer players from six elementary school districts; and WHEREAS, the Los Ninos After -School Soccer Program has provided recreational opportunities that will enrich the lives of the individuals as well as their families for years to come. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 10th day of December 2014, publicly recognizes the dedicated commitment and untiring efforts of the Los Ninos After -School Soccer Program volunteers to the youths of Chesterfield County, and expresses best wishes for the program's continued success. AND, BE IT FURTHER RESOLVED that a copy of this resolution be presented to Mr. Pat McStay, Executive Director, Chesterfield United Soccer Club, and Mr. David Glass, President, First Touch Sports, and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 14-770 12/10/14 Mr. Holland and Ms. Jaeckle presented the executed resolutions to Mr. McStay and Mr. Glass and commended the dedicated commitment and untiring efforts of the volunteers associated with the Los Ninos After -School Soccer Program. Mr. McStay and Mr. Glass expressed their appreciation to the Board for the special recognition. S.C. RECOGNIZING CHESTERFIELD COUNTY EMPLOYEES OF THE YEAR Mr. Lou Lassiter introduced the 2014 Chesterfield County employees of the year, who were as follows: Name Department Carlos Belfield Juvenile Detention Dallas A. Bradbury, Jr. Environmental Engineer] Kima Cepeda Jirinec Treasurer Meghan Coates Budget and Management Barbara B. Cooke Commonwealth Attorney Cynthia A. Creasey Emergency Communications Eileen M. Cruz Utilities Department Jessica Daniel County Attorney Sherri Dosher Learning and Performanc Center Janna Dougherty Public Affairs Traci Dyer County Administration Annette Richardson Eades Planning Lora S. Holland Internal Audit Carla Hughey Risk Management Latisha Jenkins Economic Development George A. "Chip" Johnson, Jr. Fire Department Marlon Lewis Parks and Recreation Rebecca R. Longnaker Accounting Rick Meili IST Sherry Minnicino Extension Service Kimberly H. Mitchell Purchasing Joseph W. Partin, Jr. Police Department Chris Rapp Mental Health Support Services 14-771 12/10/14 9 9 Jessica Rubio Aljawana N. Smith Summer Elizabeth Smith Ben Strohm Donald Williamson David Wingo Health Department HRM/CEMC General Services Library Community Corrections Sheriff's Office Mr. Holland congratulated each of the employees and expressed appreciation, on behalf of the Board, for their commitment to Chesterfield County. Mr. Stegmaier presented the employees of the year with plaques recognizing them as their department's employee of the year, expressed appreciation for their dedicated service, and commended them on their outstanding accomplishments. He stated the employees of the year represent the best employees in local government. 6. WORK SESSIONS There were no Work Sessions at this time. 7. DEFERRED ITEMS There were no Deferred Items at this time. 8. NEW BUSINESS 8.A. APPOINTMENTS On motion of Mr. Gecker, seconded by Ms. Jaeckle, the Board suspended its rules to allow simultaneous nomination appointment/reappointment of members to the Agricultural and Forestry Committee, Community Policy and Management Team, SAFE Board of Directors and Personnel Appeals Board. Ayes: Holland, Elswick, Jaeckle, Warren 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 on January 1, 2015, and will expire on December 31, 2016. Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 14-772 12/10/14 8.A.2. COMMUNITY POLICY AND MANAGEMENT TEAM On motion of Mr. Gecker, seconded by Mr. Warren, the Board simultaneously nominated/reappointed Mr. Doug Bilski, Ms. Joanna Enoch, Ms. Jana Carter, Ms. Kiva Rogers, Mr. Michael Asip, and Mr. James Nankervis to serve on the Community Policy and Management Team, whose terms are effective January 1, 2015 and will expire on December 31, 2017. And, further, the Board appointed Ms. Adalay Wilson to serve on the Community Policy and Management Team, whose term is effective January 1, 2015 and will expire on December 31, 2017. Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 8.A.3. SAFE BOARD OF DIRECTORS On motion of Mr. Gecker, seconded by Ms. Jaeckle, the Board simultaneously nominated/ reappointed Mr. Imad Damaj to serve on the SAFE Board of Directors, whose term is effective on October 1, 2014, and will expire on September 30, 2017. Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 8.A.4. PERSONNEL APPEALS BOARD On motion of Mr. Gecker, seconded by Ms. Jaeckle, the Board simultaneously nominated/ appointed Dr. Robert L. Turner, Jr. to serve on the Personnel Appeals Board, whose term is effective January 1, 2015 and will expire on December 31, 2017. Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 8.B. STREETLIGHT INSTALLATION APPROVALS On motion of Mr. Warren, seconded by Ms. Jaeckle, the Board approved the following streetlight installations and authorized the transfer of District Improvement Funds to fund these projects: Clover Hill District • In the St. James Woods subdivision, in the vicinity of 1949 Bantry Drive Cost to install streetlight: $1,133.65 • In the Smoketree subdivision, in the vicinity of the entrance to the subdivision at Courthouse Road and Smoketree Drive Cost to install streetlight: $11,500 Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 14-773 12/10/14 9 9 9 8.C. CONSENT ITEMS 8.C.1. ADOPTION OF RESOLUTIONS 8.C.l.a. RECOGNIZING COUNTY EMPLOYEES UPON THEIR RETIREMENT 8.C.1.a.1. LIEUTENANT RICHARD A. LABBATE, FIRE AND EMERGENCY MEDICAL SERVICES DEPARTMENT On motion of Mr. Warren, seconded by Mr. Elswick, the Board adopted the following resolution: WHEREAS, Lieutenant Richard A. Labbate is retiring from the Chesterfield Fire and Emergency Medical Services Department, Chesterfield County, on December 1, 2014; and WHEREAS, Lieutenant Labbate attended Recruit School #13 in 1982, and has faithfully served the county for 32 years in various assignments, including as a firefighter at the Wagstaff, Ettrick, Midlothian, Manchester, and Airport Fire and EMS Stations, as well as in the Technical Services Unit, and at the Forest View Volunteer Rescue Squad #3; and WHEREAS, Lieutenant Labbate served as an officer in the Fire Marshal's Office at the Ettrick, Clover Hill, and Winterpock Fire and EMS Stations; and WHEREAS, Lieutenant Labbate was a charter member of the department's CISM/Peer Support Team, as well as the Hazardous Materials Team; and WHEREAS, Lieutenant Labbate was recognized in 1995 with a Unit Citation for his team's dedication and exemplary emergency actions involving one of the largest fire, rescue and suppression efforts in the history of Chesterfield County, at the Old Buckingham Station apartment complex; and WHEREAS, Lieutenant Labbate was recognized with EMS Unit Citations in 2011 for his exemplary actions involving a vehicle accident with the driver trapped, and a patient in cardiac arrest. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes the contributions of Lieutenant Richard A. Labbate, expresses the appreciation of all residents for his service to the county, and extends their appreciation for his dedicated service and congratulations upon his retirement. Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 8.C.i.a.2. MR. JOHN W. MILES, UTILITIES DEPARTMENT On motion of Mr. Warren, seconded by Mr. Elswick, the Board adopted the following resolution: WHEREAS, Mr. John W. Miles retired from the Chesterfield County Utilities Department on October 31, 2014; and WHEREAS, Mr. Miles has served the County of Chesterfield as a faithful employee of the Utilities 14-774 12/10/14 Department since his original hiring on September 16, 1991; and WHEREAS, the expertise developed by Mr. Miles during his tenure as a heavy equipment operator has enabled him to make significant contributions to the operation of the Wastewater Collections section; and WHERAS, Mr. Miles has been instrumental in helping to maintain the county's wastewater collection system; and WHEREAS, Mr. Miles has willingly shared his knowledge and expertise with his developing colleagues to aid them in their growth and development; and WHEREAS, Mr. Miles has always presented the citizens of Chesterfield County with the highest level of customer service; and WHEREAS, Mr. Miles worked to protect the environment throughout his career and played a significant role in providing safe, reliable and environmentally -sound wastewater service to utility customers; and WHEREAS, his positive attitude and willingness to provide the highest level of customer satisfaction reflects positively on Chesterfield County's workforce; and WHEREAS, Mr. Miles' likeable personality and willingness to share his knowledge has earned him the respect and admiration of his colleagues; and WHEREAS, Mr. Miles willingly and dutifully assisted other sections within the Department of Utilities as needed to ensure continuous operations; and WHEREAS, throughout his career with Chesterfield County, Mr. Miles displayed character, aptitude, a positive attitude and the ability to effectively respond to emergency situations. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes Mr. John W. Miles and extends on behalf of its members and citizens of Chesterfield County, appreciation for more than 23 years of exceptional service to the county. Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 8.C.l.b. RECOGNIZING PASTOR JAMES DEREK FUTRELL OF PARKWAY BAPTIST CHURCH FOR HIS SERVICE AND SUPPORT TO THE COMMUNITY On motion of Mr. Warren, seconded by Mr. Elswick, the Board adopted the following resolution: WHEREAS, plans for the formation of a new Southern Baptist congregation took shape in March 2002 when a group of faithful people were commissioned by Swift Creek Baptist Church to begin church services at Grange Hall Elementary School and ministries throughout the community; and 14-775 12/10/14 9 9 WHEREAS, on March 3, 2002, the first worship service was held for Parkway Baptist Church and regular activities began; and WHEREAS, Pastor James Derek Futrell was one of the founding pastors of this congregation serving initially as the Pastor of Worship and Youth; and WHEREAS, Pastor Futrell helped the church in 2006 transition the ministry to a new campus on a 37.5 -acre tract of land on Beaver Bridge Road; and WHEREAS, under Pastor Futrell's and others' leadership and guidance, the church membership has grown from 35 members to over 900 members; and WHEREAS, the church continues to grow, and has ministries and activities impacting children, students, adults, and families; and WHEREAS, Pastor Futrell took on new responsibilities serving as Pastor of Missions and Worship, leading Parkway Mission Teams to the nations of Argentina, Bangladesh, Ecuador, Mexico, Peru, the Philippines, and Romania; and WHEREAS, Pastor Futrell and the people of Parkway have been faithfully involved in helping people in need in various communities, states and nations; and WHEREAS, Pastor Futrell and the people of Parkway have served and supported the work of Grange Hall Elementary School and provided activities for the community; and WHEREAS, during the last 12-1/2 years, Pastor Futrell and the church have had a significant, positive impact on the surrounding communities, and on Chesterfield County; and WHEREAS, Pastor Futrell has been called to serve the community in and around Martinsville, Virginia, starting in 2015 as the Senior Pastor of Hillcrest Baptist Church. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, on behalf of the citizens of Chesterfield County, extends its best wishes to Pastor James Derek Futrell and his family and wishes them continued success and joy in all of their endeavors. Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 8.C.2. STATE ROADS ACCEPTANCE On motion of Mr. Warren, seconded by Mr. Elswick, the Board adopted the following resolution: WHEREAS, the streets described below are shown on a plat recorded in the Clerk's Office of the Circuit Court of Chesterfield County; and WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised this Board the streets meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation. 14-776 12/10/14 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: Harpers Mill Section 4A Type Change to the Secondary System of State Highways: Addition Reason for Change: New subdivision street Pursuant to Code of Virginia Statute: §33.2-705 Street Name and/or Route Number • Herton Cross Road, State Route Number 7771 From: Sheldon Drive, (Route 7772) To: Cul -de -Sac, a distance of: 0.11 miles. Recordation Reference: Plat Book 215, Page 69 Right of Way width (feet) = 50 • Sheldon Drive, State Route Number 7772 From: Herton Cross Road, (Route 7771) To: A distance of: 0.02 miles. Recordation Reference: Plat Book 215, Page 69 Right of Way width (feet) = 55 • Herton Cross Road, State Route Number 7771 From: Harpers Mill Parkway, (Route 7600) To: Sheldon Drive, (Route 7772), a distance of: 0.04 miles. Recordation Reference: Plat Book 215, Page 69 Right of Way width (feet) = 55 And, further, the Board adopted the following resolution: WHEREAS, the streets described below are shown on a plat recorded in the Clerk's Office of the Circuit Court of Chesterfield County; and WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised this Board the streets meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation. NOW, THEREFORE, BE IT RESOLVED, that this Board requests the Virginia Department of Transportation to add the streets described below to the secondary system of state highways, pursuant to Section 33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements. AND, BE IT FURTHER RESOLVED, that this Board guarantees a clear and unrestricted right-of-way, as described, and any necessary easements for cuts, fills and drainage. AND, BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. 14-777 12/10/14 9 9 Project/Subdivision: Brookcreek Crossing Section C Type Change to the Secondary System of State Highways: Addition Reason for Change: New subdivision street Pursuant to Code of Virginia Statute: §33.2-705 Street Name and/or Route Number • Creekbrook Terrace, State Route Number 7780 From: Creekbrook Drive, (Route 7778) To: Cul -de -Sac, a distance of: 0.11 miles. Recordation Reference: Plat Book 216, Page 8 Right of Way width (feet) = 40 • Creekbrook Place, State Route Number 7779 From: Creekbrook Drive, (Route 7778) To: Cul -de -Sac, a distance of: 0.14 miles. Recordation Reference: Plat Book 216, Page 8 Right of Way width (feet) = 40 • Creekbrook Drive, State Route Number 7778 From: N. Otterdale Road, (Route 970) To: Creekbrook Place, (Route 7779), a distance of: 0.10 miles. Recordation Reference: Plat Book 216, Page 8 Right of Way width (feet) = 50 0 Creekbrook Terrace, State Route Number 7780 From: Creekbrook Drive, (Route 7778) To: Cul -de -Sac, a distance of: 0.08 miles. Recordation Reference: Plat Book 216, Page 8 Right of Way width (feet) = 40 • Creekbrook Drive, State Route Number 7778 From: Creekbrook Place, (Route 7779) To: Creekbrook Terrace, (Route 7780), a distance of: 0.08 miles. Recordation Reference: Plat Book 216, Page 8 Right of Way width (feet) = 40 And, further, the Board adopted the following resolution: WHEREAS, the street described below is shown on a plat recorded in the Clerk's Office of the Circuit Court of Chesterfield County; and WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised this Board the street meets the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation. NOW, THEREFORE, BE IT RESOLVED, that this Board requests the Virginia Department of Transportation to add the street described below to the secondary system of state highways, pursuant to Section 33.1-229, 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. 14-778 12/10/14 Project/Subdivision: Oak Lake Court Type Change to the Secondary System of State Highways: Addition Reason for Change: New subdivision street Pursuant to Code of Virginia Statute: §33.2-705 Street Name and/or Route Number • Oak Lake Court, State Route Number 5904 From: 0.15 miles west of Oak Lake Boulevard (Route 5903) To: Cul -de -Sac, a distance of: 0.03 miles. Recordation Reference: Deed Book 9184, Page 577 Right of Way width (feet) = 60 Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 8.C.3. TRANSFER OF COUNTY ASSETS INCLUDING A SURPLUS FIRE ENGINE AND AMBULANCE FROM THE FIRE AND EMERGENCY MEDICAL SERVICES DEPARTMENT TO CHESTERFIELD COUNTY SCHOOLS FOR USE IN THE FIRE AND EMERGENCY MEDICAL SERVICES PROGRAM AT THE NEW TECHNICAL CENTER On motion of Mr. Warren, seconded by Mr. Elswick, the Board approved a transfer of county assets including a 1997 Pierce Quantum fire engine and a 2007 International/PL Custom ambulance, both in their current operating condition, to Chesterfield County Schools for use in the Fire and EMS Program at the new Technical Center. Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 8.C.4. APPROVAL OF A MEMORANDUM OF UNDERSTANDING BETWEEN CHESTERFIELD COUNTY AND THE CENTRAL VIRGINIA ALL HAZARDS INCIDENT MANAGEMENT TEAM On motion of Mr. Warren, seconded by Mr. Elswick, the Board authorized the County Administrator to execute a Memorandum of Understanding with the Central Virginia All Hazards Incident Management Team. (A copy of the MOU is filed with the papers of this Board.) Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 8.C.5. REQUESTS FOR PERMISSION FOR AN EXISTING AND PROPOSED BOAT DOCK TO ENCROACH IN THE IMPOUNDMENT EASEMENT FOR SWIFT CREEK RESERVOIR 8.C.5.a. FROM DANNY L. BLANKENSHIP AND SUSAN T. BLANKENSHIP On motion of Mr. Warren, seconded by Mr. Elswick, the Board granted Danny L. Blankenship and Susan T. Blankenship permission for an existing and proposed boat dock to encroach in the impoundment easement for Swift Creek Reservoir, subject to the execution of a license agreement. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 14-779 12/10/14 19 9 8.C.5.b. FROM ALLAN D. GRECCO AND ELLEN GRECCO On motion of Mr. Warren, seconded by Mr. Elswick, the Board granted Allan D. Grecco and Ellen Grecco permission for an existing and proposed boat dock to encroach in the impoundment easement for Swift Creek Reservoir, subject to the execution of a license agreement. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 8.C.5.c. FROM FENG JIANG AND YUEDONG FANG On motion of Mr. Warren, seconded by Mr. Elwsick, the Board granted Feng Jiang and Yuedong Fang permission for an existing and proposed boat dock to encroach in the impoundment easement for Swift Creek Reservoir, subject to the execution of a license agreement. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 8.C.5.d. FROM KEVIN A. O'LEARY AND DEBBIE O'LEARY On motion of Mr. Warren, seconded by Mr. Elswick, the Board granted Kevin A. O'Leary and Debbie O'Leary permission for an existing and proposed boat dock to encroach in the impoundment easement for Swift Creek Reservoir, subject to the execution of a license agreement. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 8.C.6. ACCEPTANCE OF PARCELS OF LAND 8.C.6.a. ALONG THE WEST RIGHT OF WAY LINE OF BRANDERMILL PARKWAY FROM COMMONWEALTH FOUNDATION FOR CANCER RESEARCH On motion of Mr. Warren, seconded by Mr. Elswick, the Board accepted the conveyance of two parcels of land, one containing 0.12 acres and one containing 0.02 acres along the west right of way line of Brandermill Parkway, State Route 1921 from Commonwealth Foundation for Cancer Research, 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: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 14-780 12/10/14 8.C.6.b. ALONG IRON BRIDGE ROAD FROM J AND B REALTY, LLC On motion of Mr. Warren, seconded by accepted the conveyance of a parcel acres along Iron Bridge Road, from authorized the County Administrator t is noted a copy of the plat is filed Board.) Mr. Elswick, the Board Df land containing 0.25 T & B Realty, LLC, and o execute the deed. (It with the papers of this Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 8.C.6.c. ALONG JUSTICE ROAD FROM RAILEY HILL ASSOCIATES, L.L.C. On motion of Mr. Warren, sE accepted the conveyance containing 0.056 acres and Justice Road, State Route L.L.C., and authorized the the deed. (It is noted a cc papers of this Board.) .conded by Mr. Elswick, the Board of two parcels of land, one one containing 0.052 acres along 973 from Railey Hill Associates, County Administrator to execute )py of the plat is filed with the Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 8.C.7. REQUESTS TO QUITCLAIM 8.C.7.a. A PORTION OF A SIXTEEN -FOOT SEWER EASEMENT ACROSS THE PROPERTY OF EDCO, LLC On motion of Mr. Warren, 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 easement across the property of EDCO, LLC. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 8.C.7.b. PORTIONS OF A VARIABLE WIDTH WATER EASEMENT, TWENTY -FOOT AND TWENTY-FOUR FOOT STORM WATER MANAGEMENT/BEST MANAGEMENT PRACTICE ACCESS EASEMENTS, VARIABLE WIDTH STORM WATER MANAGEMENT/BEST MANAGEMENT PRACTICE EASEMENT AND TWENTY -FOOT DRAINAGE EASEMENTS (PRIVATE) ACROSS PROPERTIES OF STONEHENGE VILLAGE, LLC On motion of Mr. Warren, 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 variable width water easement, 20' and 24' foot SWM/BMP access easements, variable width SWM/BMP easement and 20' drainage easements (private) across properties of Stonehenge Village, LLC. (It is noted copies of the plats are filed with the papers of this Board.) Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 14-781 12/10/14 9 19 91 8.C.8. TRANSFER OF FUNDS FOR THE JUVENILE DETENTION HOME HVAC MAINTENANCE PROGRAM PROJECT On motion of Mr. Warren, seconded by Mr. Elswick, the Board transferred $110,000 from completed CIP projects to a new Juvenile Detention HVAC Maintenance Program project. Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 8.C.9. APPROVAL OF SUPPORT AGREEMENT FOR THE REDEVELOPMENT OF CLOVERLEAF MALL On motion of Mr. Warren, seconded by Mr. Elswick, the Board approved a support agreement with the Economic Development Authority that was established for the purchase and redevelopment of Cloverleaf Mall. (It is noted a copy of the support agreement is filed with the papers of this Board.) Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 8.C.10. AWARD OF CONSTRUCTION CONTRACT FOR THE SOUTH CHESTER ROAD WATERLINE IMPROVEMENTS PROJECT On motion of Mr. Warren, seconded by Mr. Elswick, the Board awarded a construction contract to Perkinson Construction, LLC, in the amount of $1,421,213, authorized a transfer of $675,000 from the water fund balance to the South Chester Road Waterline Improvements Project, and authorized the County Administrator to execute the necessary documents. Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 8.C.11. AUTHORIZATION OF SERVICE REDUCTIONS AND APPROPRIATION OF FUNDING FOR FY2015 GRTC EXPRESS ROUTES On motion of Mr. Warren, seconded by Mr. Elswick, the Board authorized staff to notify GRTC to begin the public notifications process to reduce service for both express routes (82x and 81x) and appropriated an additional $80,000 for FY2015 GRTC Express Route bus service. Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 8.C.12. APPROVAL OF PURCHASE OF RIGHT OF WAY AND AN EASEMENT FOR THE JEFFERSON DAVIS HIGHWAY - FALLING CREEK STREETSCAPE IMPROVEMENTS PROJECT On motion of Mr. Warren, seconded by Mr. Elswick, the Board approved the purchase of right of way and an easement for the Jefferson Davis Highway - Falling Creek Improvements Project and authorized the County Administrator to execute the deed. (It is noted copies of the plats are filed with the papers of this Board.) Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 14-782 12/10/14 8.C.13. ACCEPTANCE OF OPEN SPACE EASEMENT FOR GLEBE POINT ESTATES On motion of Mr. Warren, seconded by Mr. Elswick, the Board accepted an open space easement for Glebe Point Estates and authorized the County Administrator to execute the easement agreement. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 8.C.14. TRANSFER OF DISTRICT IMPROVEMENT FUNDS 8.C.14.a. FROM THE DALE DISTRICT IMPROVEMENT FUND TO THE PARKS AND RECREATION DEPARTMENT TO UPGRADE AND IMPROVE THE IRRIGATION SYSTEM ON THE FOOTBALL FIELD AT MEADOWBROOK HIGH SCHOOL On motion of Mr. Warren, seconded by Mr. Elswick, the Board transferred $2,590 from the Dale District Improvement Fund to the Parks and Recreation Department to upgrade and improve the irrigation system on the football field at Meadowbrook High School. Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 8.C.14.b. FROM THE MATOACA AND CLOVER HILL DISTRICT IMPROVEMENT FUNDS TO THE SCHOOL BOARD TO BEGIN A LACROSSE PROGRAM AT MANCHESTER HIGH SCHOOL AND OPERATE IT FOR THREE YEARS On motion of Mr. Warren, seconded by Mr. Elswick, the Board transferred a total of $10,000 ($5,000 each from the Matoaca District Improvement Fund and Clover Hill Improvement Fund) to the School Board to begin a lacrosse program at Manchester High School and operate it for three years. Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 8.C.15. AUTHORIZATION FOR COUNTY ADMINISTRATOR TO SELECT THE METHOD OF AID TO LOCALITY REDUCTIONS FOR FISCAL YEAR 2015 On motion of Mr. Warren, seconded by Mr. Elswick, the Board authorized the County Administrator to select the method of Aid to Locality reductions for fiscal year 2015. Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 14-783 12/10/14 9 91 8.C.16. APPROVAL OF SCHOOLS FIRST QUARTER BUDGET AMENDMENTS AND FY2014 YEAR-END RESULTS OF OPERATIONS On motion of Mr. Warren, seconded by Mr. Elswick, the Board appropriated $1,797,970 ($1,003,000 in operating funds, $723,200 in grant funds, and $71,770 for the Appomattox Regional Governor's School) in additional FY2015 revenue, and re -appropriated $1,755,628 from FY2014 school's results of operations in order to fund a number of one-time division needs, pending final approval of the state's FY2016 budget. Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 9. REPORTS 9.A. REPORT ON DEVELOPER WATER AND SEWER CONTRACTS 9.B. REPORT ON STATUS OF GENERAL FUND BALANCE, RESERVE FOR FUTURE CAPITAL PROJECTS, DISTRICT IMPROVEMENT FUNDS AND LEASE PURCHASES 9.C. REPORT ON ROADS ACCEPTED INTO THE STATE SECONDARY SYSTEM On motion of Ms. Jaeckle, seconded by Mr. Warren, the Board accepted the following reports: a Report on Developer Water and Sewer Contracts; and a Report on Status of General Fund Balance, Reserve for Future Capital Projects, District Improvement Funds and Lease Purchases. And, further, the following roads were accepted into the State Secondary System: ADDITION LENGTH Belfair Townhouses Sec 3 and 4 (Effective 10/31/2014) Belrun Road (Route 2290) - From 0.01 miles north of Belcourse Road (Route 837) to 0.23 miles northeast of Belcourse Road (Route 837) 0.22 miles Belrun Road (Route 2290) - From 0.23 miles northeast of Belcourse Road (Route 837) to 0.11 miles northeast to Woodfield Road (Route 2280) 0.11 miles Collington - Sec. 9 (Effective 10/31/2014) Lavenham Lane (Route 7680) - From Lavenham Turn (Route 7681) to End of Section 0.02 miles Lavenham Lane (Route 7680) - From Brading Lane (Route 5991) to Lavenham Turn (Route 7681) 0.06 miles 14-784 12/10/14 Hockliffe Lane (Route 7139) - From existing Route 7139 - 0.01 miles northwest Shipborne (Route 7141) to Hockliffe Circle (Loop) (Route 7683) Brading Lane (Route 5991) - From existing Route 5991 - 0.2 miles north Route 7141 to Lavenham Lane (Route 7680) Lavenham Turn (Route 7681) - From Lavenham Lane (Route 7680) to Cul-de-sac Hickliffe Circle (Route 7683) - From Hockliffe Lane (Route 7139) - to loop to Hockliffe Lane (Route 7139) Hockliffe Lane (Route 7139) - From Hockliffe Circle (Loop) (Route 7683) to Brading Lane (Route 5991) Hockliffe Lane (Route 7139) - From Hockliffe Circle (Loop) (Route 7683) to Hockliffe Circle (Loop) (Route 7683) Needham Market Road (Route 7682) - From Brading Lane (Route 5991) to Cul-de-sac Brading Lane (Route 5991) - From Hockliffe Lane (Route 7139) to existing Route 5991 (0.03 miles south Route 5998) Brading Lane (Route 5991) - From Lavenham Lane (Route 7680) to Hockliffe Lane (Route 7139) Foxcreek - Heartquake Sec. 1 Remainder (Effective 10/31/2014) Old Moon Trace (Route 7656) - From Foxcreek Forest Drive (Route 7320) to Copper Still Terrace (Route 7657) Old Moon Trace (Route 7656) - From Copper Still Terrace (Route 7657) to End of Maintenance Copper Still Terrace (Route 7657) - From Old Moon Trace (Route 7656) to Cul-de-sac Fuqua Farms F (Effective 10/31/2014) Durrette Drive (Route 2424) - From Deanwood Drive (Route 2421) to 0.12 miles southeast of Deanwood Drive (Route 2421) Rachels Way (Effective 10/31/2014) Reymet Court (Route 7673) - From Reymet Road (Route 608) to Cul-de-sac 14-785 0.11 miles 0.01 miles 0.02 miles 0.06 miles 0.06 miles 0.02 miles 0.13 miles 0.04 miles 0.07 miles 0.12 miles 0.05 miles 0.20 miles 0.12 miles 0.42 miles 12/10/14 9 Sabra (Effective 10/31/2014) Sabra Way (Route 7701) - From Port Walthall Drive (Route 931) to 0.15 miles south to Cul-de-sac 0.15 miles Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 10. FIFTEEN -MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED MATTERS There were no requests to address the Board at this time. 11. CLOSED SESSION (1) PURSUANT TO SECTION 2.2-3711(A)(3), CODE OF VIRGINIA, 1950, AS AMENDED, TO DISCUSS THE ACQUISITION BY THE COUNTY OF REAL ESTATE FOR A PUBLIC PURPOSE WHERE DISCUSSION IN AN OPEN MEETING WOULD ADVERSELY AFFECT THE BARGAINING POSITION AND NEGOTIATING STRATEGY OF THE COUNTY; AND (2) PURSUANT TO SECTION 2.2- 3711(A)(3), CODE OF VIRGINIA, 1950, AS AMENDED, TO DISCUSS THE DISPOSITION BY THE COUNTY OF AN INTEREST IN PUBLICLY HELD REAL PROPERTY WHERE DISCUSSION IN AN OPEN MEETING WOULD ADVERSELY AFFECT THE BARGAINING POSITION AND NEGOTIATING STRATEGY OF THE COUNTY On motion of Ms. Jaeckle, seconded by Mr. Warren, the Board went into closed session (1) pursuant to Section 2.2-3711(A)(3), Code of Virginia, 1950, as amended, to discuss the acquisition by the County of Real Estate for a public purpose where discussion in an open meeting would adversely affect the bargaining position and negotiating strategy of the county; and (2) pursuant to Section 2.2- 3711(A) (3) , Code of Virginia, 1950, as amended, to discuss the disposition by the county of an interest in publicly held real property where discussion in an open meeting would adversely affect the bargaining position and negotiating strategy of the county. Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. Reconvening: On motion of Ms. Jaeckle, seconded by Mr. Warren, the Board adopted the following resolution: WHEREAS, the Board of Supervisors has this day adjourned into Closed Session in accordance with a formal vote of the Board and in accordance with the provisions of the Virginia Freedom of Information Act; and WHEREAS, the Virginia Freedom of Information Act effective July 1, 1989 provides for certification that such Closed Session was conducted in conformity with law. NOW, THEREFORE BE IT RESOLVED, the Board of Supervisors does hereby certify that to the best of each member's knowledge, i) only public business matters lawfully exempted from open meeting requirements under the 14-786 12/10/14 Freedom of Information Act were discussed in Close Session to which this certification applies, and ii) only such business matters were identified in the motion by which the Closed Session was convened were heard, discussed or considered by the Board. No member dissents from this certification. Mr. Gecker: Aye. Mr. Warren: Aye. Ms. Jaeckle: Aye. Mr. Elswick: Aye. Mr. Holland: Aye. 12. DINNER On motion of Ms. Jaeckle, seconded by Mr. Warren, the Board recessed to Room 502 for dinner. Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. Reconvening: 13. INVOCATION Senior Pastor Sam Luke, Victory Tabernacle Church, gave the invocation. 14. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Eagle Scout Christopher Andre Russotti led the Pledge of Allegiance to the flag of the United States of America. 15. RESOLUTIONS 15.A. RECOGNIZING MR. CHRISTOPHER ANDRE RUSSOTTI UPON ATTAINING THE RANK OF EAGLE SCOUT Ms. Pollard introduced Mr. Christopher Andre Russotti, who was present to receive the resolution. On motion of Mr. Holland, seconded by Mr. Warren, the Board adopted the following resolution: WHEREAS, the Boy Scouts of America was incorporated by Mr. William D. Boyce on February 8, 1910, and was chartered by Congress in 1916; and WHEREAS, the Boy Scouts of America was founded to build character, provide citizenship training and promote physical fitness; and WHEREAS, after earning at least 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 his community, being active in the troop, demonstrating Scout spirit, and living up to the Scout Oath and Law, Mr. Christopher Andre 14-787 12/10/14 9 9 9 N Russotti, Troop 800, sponsored by Bethel Baptist Church, has accomplished those high standards of commitment and has reached the long -sought goal of Eagle Scout, which is received by only four percent of those individuals entering the Scouting movement; and WHEREAS, growing through his experiences in Scouting, learning the lessons of responsible citizenship, and endeavoring to prepare himself for a role as a leader in society, Christopher has distinguished himself as a member 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 10th day of December 2014, publicly recognizes Mr. Christopher Andre Russotti, extends congratulations on his attainment of Eagle Scout, and acknowledges the good fortune of the county to have such an outstanding young man as its citizen. Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. Mr. Gecker presented the executed resolution and patch to Mr. Russotti, congratulated him on his outstanding achievements, and wished him well in future endeavors. Mr. Russotti, accompanied by his mother, provided details of his Eagle Scout project and expressed appreciation to his family and others for their support. Mr. Warren welcomed and recognized Boy Scouts of Troop 2890, sponsored by Brandermill Church, who were in the audience. He noted the Boy Scouts are working on their Citizenship in the Community merit badge. 16. FIFTEEN -MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED MATTERS Mr. Freddy Boisseau addressed the Board relative to the fair implementation of cash proffers, taxes and fees. 17. REQUESTS FOR MANUFACTURED HOME PERMITS AND REZONING PLACED ON THE CONSENT AGENDA TO BE HEARD IN THE FOLLOWING ORDER: - WITHDRAWALS DEFERRALS - CASES WHERE THE APPLICANT ACCEPTS THE RECOMMENDATION AND THERE IS NO OPPOSITION - CASES WHERE THE APPLICANT DOES NOT ACCEPT THE RECOMMENDATION AND/OR THERE IS PUBLIC OPPOSITION WILL BE HEARD AT SECTION 19 ISSNO563 In Clover Hill Magisterial District, North State Acceptance requests conditional use to permit a consumer finance company and amendment of zoning district map in a General Business (C-5) District on 6.9 acres fronting 965 feet on the south line of Midlothian Turnpike, 45 feet west of Sturbridge Drive. Density will be controlled by zoning conditions or ordinance standards. The Comprehensive Plan suggests the property is appropriate for Neighborhood Business use. Tax ID 747-709-3714. Mr. Turner presented a summary of Case 15SN0563 and stated both the Planning Commission and staff recommended approval and acceptance of the proffered conditions. 14-788 12/10/14 Mr. Kenneth Herr, representing the applicant, accepted the recommendation. Mr. Holland called for public comment. There being no one to speak to the issue, the public hearing was closed. On motion of Mr. Warren, seconded by Mr. Holland, the Board approved Case 15SN0563 and accepted the following proffered conditions: 1. Use Permitted: This conditional use approval shall permit the operation of one (1) consumer finance establishment on the subject property. (P) 2. Signage: Neon window signs shall not be permitted. (P) Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. In Bermuda Magisterial District, Edward M. Farley, IV requests rezoning from General Business (C-5) to Community Business (C-3) plus conditional use planned development to permit exceptions to ordinance requirements relative to buffers and setbacks and amendment of zoning district map on 1.6 acres known as 11640 Jefferson Davis Highway. Density will be controlled by zoning conditions or ordinance standards. The Comprehensive Plan suggests the property is appropriate for Commercial use. Tax ID 797-659-2451. Mr. Turner presented a summary of Case 15SN0597 and stated both the Planning Commission and staff recommended approval and acceptance of the proffered conditions. Mr. Bryant Gammon, representing the applicant, accepted the recommendation. Mr. Holland called for public comment. There being no one to speak to the issue, the public hearing was closed. On motion of Ms. Jaeckle, seconded by Mr. Warren, the Board approved Case 15SN0597 and accepted the following proffered conditions: 1. The Textual Statement dated October 23, 2014 shall be considered the Master Plan. (P) 2. Unless otherwise approved by the Director of Planning, the architectural treatment of the primary building, to include materials, color and style, shall be substantially compatible with the building shown on Exhibit A dated October 30, 2014. (P) 3. A minimum of a six (6) foot tall solid fence shall be installed generally along the western property boundary of the property adjacent to Tax IDs 797-659-0359 and 797-659-0538. (P) 14-789 12/10/14 9 R] 9 4. The main entrance for the primary building on the property shall be oriented toward Jefferson Davis Highway. (P) 5. Any business operating on the property shall not be open to the public between the hours of 11:00 p.m. and 6:00 a.m., with the exception of the Friday following Thanksgiving Day, when retail business hours of operation shall be limited between 3:00 a.m. and 11:00 P.M. (P) 6. Dumpsters shall not be serviced between the hours of 7:00 p.m. and 7:00 a.m. (P) 7. There shall be no truck deliveries between the hours of 11:00 p.m. and 6:00 a.m. (P) Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 15SN0598 In Bermuda Magisterial District, Timoteo Amador requests amendment of zoning (Case 05SN0129) relative to use and hours of operation and amendment of zoning district map in a Community Business (C-3) District on 2.3 acres fronting 30 feet on the south line of Dundas Road, 145 feet east of St. George Street. Density will be controlled by zoning conditions or ordinance standards. The Comprehensive Plan suggests the property is appropriate for Community Commercial use. Tax ID 790-683-5379. Mr. Turner presented a summary of Case 15SN0598 and stated both the Planning Commission and staff recommended approval and acceptance of the proffered condition. Mr. Mark Baker, representing the applicant, accepted the recommendation. Ms. Renee Eldred, President of the Bensley Civic Association, urged the Board to approve the request. She stated the use will be beneficial to the corridor and the Bensley area. Mr. Holland called for public comment. There being no one else to speak to the issue, the public hearing was closed. Ms. Jaeckle noted the welcoming support of the request from the community. Ms. Jaeckle then made a motion, seconded by Mr. Warren, for the Board to approve Case 15SN0598 and accepted the following amended proffered conditions: The Applicant hereby amends Proffered Condition 1 of Case 05SN0129 to read as follows: 1. The uses permitted shall be limited to the following: a. Contractors' Offices and Display Rooms; b. Offices; C. Warehouses for permitted uses; d. Churches. (P) The Applicant hereby amends Proffered Condition 11 of Case 05SN0129 to read as follows: 14-790 12/10/14 2. No use shall be open to the public between the hours of 8:00 p.m. and 6:00 a.m., except Churches, which shall not be open to the public between the hours of 10 p.m. and 6:00 a.m. (p) (STAFF NOTE: Except as amended herein, all previous conditions of zoning approved in Case 05SN0129 shall remain in full force and effect.) Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 15SN0594 In Bermuda Magisterial District, Racetrack Petroleum, Inc. requests conditional use planned development to permit exceptions to ordinance requirements and amendment of zoning district map in a Community Business (C-3) District on 1.4 acres known as 1740 East Hundred Road. Density will be controlled by zoning conditions or ordinance standards. The Comprehensive Plan suggests the property is appropriate for Industrial use. Tax ID 824-647-1461. Mr. Ryan Ramsey presented a summary of Case 15SN0594 and stated the applicant proposes to redevelop the subject property with a revised configuration of the convenience store, gas fueling stations, drives and parking areas. He noted the applicant is increasing the number of fueling positions from 12 to 18. He stated the applicant has proffered additional evergreen plantings and a double staggered hedgerow of medium evergreen shrubs to supplement the proffered landscaping in the reduced setback areas. He further stated the Planning Commission recommended approval because the request permits redevelopment of an existing gas station while mitigating impacts from reduced setbacks. He stated staff recommended denial because the conditional use does not address traffic impacts. Mr. Jim Theobald, representing the applicant, stated the request is for conditional use planned development to permit exceptions to ordinance requirements in a Community Business (C-3) District. He further stated elevations and canopy are proffered; there is a setback on Route 10 to have single hedgerow of medium shrubs; nine evergreen planting and a double staggered hedgerow of evergreen medium shrubs to be provided; the developer plans to provide a dedicated left turn lane into the site from North Enon Church Road; the developer plans to dedicate right-of-way on Route 10 for ultimate 100' right-of-way; and no parking shall be permitted between the fueling stations and Route 10. He asked the Board to approve the request. Mr. Holland called for public comment. There being no one to speak to the issue, the public hearing was closed. Ms. Jaeckle stated although the Transportation Department suggests a raised median and no left turn, the Police Department actually recommends leaving it open for a left turn. She further stated the use represents redevelopment and the lengthy turn lane will discourage any traffic backup. 14-791 12/10/14 9 9 9 N Lq Ms. Jaeckle then made a motion, seconded by Mr. Elswick, for the Board to approve Case 15SN0594 and accept the following proffered conditions: The property owner and applicant in this rezoning case, pursuant to Section 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 property under consideration (the "Property") will be developed according to the following proffers if, and only if, the rezoning request submitted herewith is granted with only those conditions agreed to by the owner and applicant. In the event this request is denied or approved with conditions not agreed to by the owner and applicant, the proffer shall immediately be null and void and of no further force or effect. 1. Textual Statement. The Textual Statement dated November 18, 2014, shall be considered the Master Plan. (P) 2. Elevations. The building and gas canopy shall have an architectural design generally as shown on the attached elevations. Review and approval of the elevations shall be in conjunction with any site plan review. (P) 3. Transportation. a. Road Improvements. Prior to issuance of an occupancy permit, the developer shall provide a dedicated left turn lane into the site from North Enon Church Road in a manner approved by VDOT and in general conformance with the "Turn Lane Concept Sketch" dated November 6, 2014, prepared by Bowman Consulting attached hereto as Exhibit A. b. Dedication. Prior to issuance of an occupancy permit, the developer shall be required to dedicate, free and unrestricted, to and for the benefit of Chesterfield County, one hundred (100) feet of right-of-way (the ultimate right-of-way) from the centerline of that part of Route 10 immediately adjacent to the Property. (T) Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 15SN0595 In Midlothian Magisterial District, Bickford Senior Living c/o Richard Eby requests conditional use to permit a group care facility and amendment of zoning district map in Ia Residential (R-15) District on 4.5 acres known as 11201 Big Oak Lane. Density will be controlled by zoning conditions or ordinance standards. The Comprehensive Plan suggests the property is appropriate for Low Density Residential use (maximum of 1.0 dwelling per acre). Tax ID 743 -716 -Part of 3133. Mr. Robert Clay presented a summary of Case 15SN0595 and stated both the Planning Commission and staff recommended approval because the conditional use is compatible with area development. He further stated while the Comprehensive Plan suggests the property is appropriate for Low Density 14-792 12/10/14 Residential use, given the location, limited size and depth of the property, the proposed use provides appropriate land use transition to existing residential development; and the conditions address development impacts. In response to Mr. Gecker's questions, Mr. Clay stated landscaping C permits at least one large deciduous tree for each 50 lineal feet, at least one evergreen tree for each 30 lineal feet, at least one small deciduous tree for each 30 lineal feet, at least one medium shrub for each 10 lineal feet and low shrubs and ground cover appropriately in tree and shrub beds. He further stated landscaping C will be on both sides of the property. Mr. Jim Theobald, representing the applicant, stated the request is for conditional use to permit a group care facility in a Residential (R-15) District. He further stated Bickford Senior Living is a family-owned business from Kansas, which began its operations in 1991 and has provided care for seniors for 23 years. He highlighted the proffered conditions which include a Concept Plan including location of service/dumpster areas; vehicular access points and building orientation; architectural treatment relative to style, materials, colors, details and other design features; exterior materials of brick, stone, and/or cementitious siding; main access to and from Huguenot Road; development standards meeting Corporate Office (0-2) Districts in Emerging Growth Areas except certain areas where enhanced landscaping shall be provided; stormwater regulations; a right -turn lane into the site from Huguenot Road; a right - turn lane from Big Oak Lane onto Huguenot Road, and a sidewalk along Big Oak Lane. He asked the Board to approve the request. In response to Mr. Gecker's question regarding lighting, Mr. Theobald stated the applicant will meet and/or exceed the ordinance standard. He noted the lighting around the property line is not proffered. Mr. Holland called for public comment. Mr. Lenny Anderson, representing the St. Matthias Episcopal Church, stated church officials have reviewed the Planning Commission's report and evaluated the alternative uses of the property. He further stated the church supports the conditional use permit. There being no one else to speak to the issue, the public hearing was closed. Mr. Gecker stated he had expected citizens from the neighborhood to speak in opposition of the request. He thanked his Planning Commissioner, Mr. Waller, for his efforts relative to the case. He stated the proposed piece of property is incredibly important to the corridor and to the Midlothian District. He further stated the potential uses are great and provide a buffer for the neighborhood. Mr. Gecker then made a motion, seconded by Mr. Elswick, for the Board to approve Case 15SN0595 and accept the following proffered conditions: The property owners and applicant in this rezoning case, pursuant to Section 15.2-2298 of the Code of Virginia (1950 14-793 12/10/14 9 F] 9 as amended) and the Zoning Ordinance of Chesterfield County, for themselves and their successors or assigns, proffer that the property under consideration (the "Property") will be developed according to the following proffers if, and only if, the rezoning request submitted herewith is granted with only those conditions agreed to by the owner and applicant. In the event this request is denied or approved with conditions not agreed to by the owner and applicant, the proffer shall immediately be null and void and of no further force or effect. 1. Conceptual Plan. The Property shall be developed in general conformity with the conceptual plan attached titled "Bickford Senior Living", prepared by Bowman Consulting, dated October 10, 2014, (the "Conceptual Plan"), relative to the location of service/dumpster areas, vehicular access points and building orientation. (P) 2. Access. Direct vehicular access from the property to Huguenot Road shall be limited to one (1) entrance/exit as generally shown on the Conceptual Plan. The exact location of the access shall be approved by the Transportation Department. (T) 3. Development Standards. Development of the Property shall conform to the development standards of the Zoning Ordinance for Corporate Office (0-2) Districts in Emerging Growth Areas except as follows: a. The building, parking and drive setback from Big Oak Lane shall be twenty-five (25) feet with perimeter landscaping C. b. The building, parking and drive setback from Huguenot Road shall be fifty (50) feet from the ultimate right-of-way exclusive of the turn lane provided in Proffer 5.a. below, with perimeter landscaping C. C. A buffer area forty (40) feet in width shall be provided between the Property and the residual parcel to the east planted to perimeter landscaping C standards. (P) 4. Stormwater. a. Stormwater runoff shall be retained based on the 10 year post development rate and released based on the 2 year pre -development rate with the 100 year post development runoff stored to release at a pre - development 100 year storm runoff rate. b. Onsite detention volume shall be provided which is sufficient for the existing culvert capacities, as determined at the time of site plan approval, not to be exceeded. (EE) S. Road Improvements. Prior to issuance of an occupancy permit, the following road improvements shall be provided subject to final approval by VDOT: 14-794 12/10/14 a. Construction of additional pavement along the westbound lanes of Huguenot Road at the approved access to provide a right turn lane into the Property. b. Construction of additional pavement along Big Oak Lane at the Huguenot Road intersection to provide a separate right turn lane to south -bound Huguenot Road. The approximate length of the right turn lane shall extend from Huguenot Road to the southernmost edge of the triple drainage culverts under Big Oak Lane. C. Construction of a sidewalk along the south side of Big Oak Lane as shown on the Conceptual Plan. d. Dedication to Chesterfield County, free and unrestricted, of any additional right-of-way (or easements) required for the improvements identified above. (T) 6. Architectural Treatment. Any building shall be in general conformance with the elevations attached hereto entitled "Case No. 15SN0595, Elevations 1-5" dated November 4, 2014, relative to architectural style, materials, colors, details and other design features. Exposed exterior walls (above finished grade and exclusive of trim) shall consist of stone, stone veneer, brick, cementitious siding, or a combination of the foregoing. The exact building treatment shall be approved at the time of site plan approval. 7. Density. The assisted living facility shall not have in excess of sixty (60) beds. Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 18. PUBLIC HEARINGS 18.A. TO CONSIDER THE RESTRICTION OF THROUGH TRUCK TRAFFIC ON WOODS EDGE ROAD Mr. Smith stated this date and time has been advertised for a public hearing for the Board to consider the restriction of through truck traffic on Woods Edge Road. He further stated the county has received a request from residents to restrict any through truck, truck and trailer, or semi -trailer combination, except pickup or panel trucks, from using Woods Edge Road from Ruffin Mill Road to Lawing Drive. Mr. Holland called for public comment. Mr. Freddy Boisseau, Bermuda District resident, expressed concerns relative to truck traffic in residential areas and urged the Board to restrict any through truck traffic on Woods Edge Road. Mr. John Roberts, representing Walthall Properties, LLC, stated his company owns approximately 100 acres on Woods Edge Road, just north of the Walthall interchange. He expressed concerns with the limitations of truck traffic on the potential purchase of industrial land for development off Woods Edge Road. 14-795 12/10/14 Ic 9 Mr. Sonny Currin, representing the property owner just north of Mr. Roberts' industrial property, stated he has had discussions with neighboring landowners about the possibility of creating an industrial park. He further stated although he agrees with Mr. Roberts' remarks, he also believes this may be an opportunity for the county to work with property owners to draft a plan for future industrial opportunities in the Walthall area. Mr. Jeff Cook, commercial -industrial real estate broker and representative of Mr. Roberts, stated potential truck restrictions and limitations would be detrimental to efforts needed to recruit future businesses. There being no one else to speak to the issue, the public hearing was closed. In response to Mr. Gecker's question, Mr. Smith stated the recommended restricted route is deemed a Thoroughfare Plan roadway. He further stated the road would extend from Ruffin Mill Road to Lawing Drive. He noted the area where the restricted route would be is currently vacant and zoned industrial. He stated the truck traffic percentage is under 2 percent on Woods Edge Road, with average daily traffic around 6,000 vehicles per day. Ms. Jaeckle stated there is an incredible amount of truck traffic that cuts through Woods Edge Road. She further stated trucks are getting off of I-95 onto Ruffin Mill Road to access the truck stop. She noted there are neighborhoods located off of Woods Edge Road. She stated if an industrial park is formed in the vacant area, another roadway would need to be accessible to the trucks, other than Woods Edge Road. She further stated since Ruffin Mill Road has been extended to Jefferson Davis Highway, another alternative would be for trucks to take Ruffin Mill to Jefferson Davis Highway over to Old Bermuda Hundred Road. She expressed concerns relative to impacts on citizens and stressed the importance of road networking before developing an industrial park. In response to Mr. Elswick's questions, Mr. Smith stated there is a perception of the citizens that there is an issue relative to truck traffic, it may be appropriate to route the restriction to VDOT, which ultimately will be based on an evaluation of certain criteria. He noted staff does not play a role in the final decision made by VDOT. In response to Mr. Holland's questions, Mr. Smith stated the request is the result of citizen concerns. He further stated the future road would be anticipated to be built as development occurs on industrial parcels. He stated staff has met with VDOT to address existing truck issues and believes the Thoroughfare Plan roadway would provide some relief to citizens in the area. In terms of the percentage of truck traffic, he stated 2 percent is to be expected on a secondary road. He noted 5 percent is what VDOT uses as a rule of thumb for when it may be appropriate to restrict truck traffic on a secondary road. Mr. Gecker stated he does not necessarily have an objection to the restriction; however, he feels as part of the Comprehensive Plan process the Board should not make kneejerk decisions that might adversely affect people who have relied 14-796 12/10/14 upon the Plan for some time. He further stated citizens' perception of the situation might seem different than what the data supports. He stated he would be more comfortable with a discussion relative to real traffic counts, real alternatives and ways to preserve the expectations of those people who bought into the county relying upon the Comprehensive Plan over many years. He further stated he does not have a long-term objection to the restriction; however, he would like to see the item come back before the Board with a more complete exposition of the area and the real plans to service the invested industrial properties that have been desirable. Ms. Jaeckle stated if an area is zoned as I-2, then the county needs to move forward with plans to account for traffic when that area is developed. She further stated she does not believe the piece of land in question can be developed I-2 unless there are plans for a future road to offset truck traffic. She stated citizens' concerns regarding excessive truck traffic should bring attention to balancing the needs of the industry and the needs of the residents. She noted the restriction would not be permanent and would only be in place until the future roadway was built. Mr. Gecker stated he hopes in conjunction with Transportation, an alternative plan is laid out with data to support it, to inform those involved that changes need to be made due to the current situation and take into account the investments people have made in the community on the business side also. He further stated the issue with the industrial properties is an unvoiced constituency. He stated issues are addressed in a logical and orderly way in his district to provide solutions that make sense. Mr. Warren stated an industrial park would be very beneficial to the tax base of Chesterfield County. He further stated given what Mr. Gecker has said regarding the Plan, as well as the data regarding the limited number of trucks that currently use that area, he would be inclined to not restrict truck traffic at this time. Mr. Elswick stated he sees the restriction as a short-term fix to a long-term problem; however, if there is an opportunity to develop the industrial property, a plan should be made to address the traffic. Mr. Holland stressed the importance of economic development in the county and the consistency of the Comprehensive Plan. He stated he would like to see more extensive research and citizen input relative to the affected area before making a final decision. Ms. Jaeckle expressed concerns relative to the impacts of truck traffic on the residents who live off Woods Edge Road. She noted she is very supportive of business; however, she has to take into consideration the impacts to the citizens. She stated the proper infrastructure is not being constructed to mitigate traffic impacts. She recommended approval of the restriction of through truck traffic, with the idea that it will only be temporary until the future road is built to accommodate the developed industrial properties. 14-797 12/10/14 PC 19 Mr. Gecker stated the character of the road should be changed through the comprehensive planning process. He suggested referring the issue to the Planning Commission in order to review traffic in the area and present their recommendation to the Board at a later time. Ms. Jaeckle stated her approval of Mr. Gecker's recommendation. On motion of Mr. Gecker, seconded by Mr. Warren, the Board referred consideration of the restriction of through truck traffic on Woods Edge Road to the Planning Commission to review the specific section of the thoroughfare plan and make a recommendation to the Board of Supervisors. Ms. Jaeckle expressed concerns relative to other alternatives that might be recommended by the Planning Commission that may not support the industry in that area. She stated she supports the motion in hopes it will create a long-term solution to the problem. She further stated if the recommendation lacks an alternative, there needs to be further discussion by the Board in order to find another solution. Mr. Mincks stated the motion delays a decision on the public hearing by referring the matter to the Planning Commission to receive a conceivable Comprehensive Plan amendment. Ms. Jaeckle inquired about the involvement of the landowners and residents of the area. In response to Mr. Holland's question, Mr. Turner stated because the matter will require an amendment to the Comprehensive Plan, which would necessitate a public hearing, as well as future community meetings on the matter, adequate time should be given to the Planning Commission. He requested a six-month time frame. Mr. Gecker directed to have the Planning Commission present its recommendation to the Board within a four-month time period. Mr. Mincks stated the recommendation would be presented in April 2015, with a public hearing scheduled for May 2015. Mr. Holland called for a vote on the motion made by Mr. Gecker, seconded by Mr. Warren, for the Board to refer consideration of the restriction of through truck traffic on Woods Edge Road to the Planning Commission to review the specific section of the thoroughfare plan and made a recommendation to the Board of Supervisors at the April 2015 regularly scheduled meeting, with a public hearing scheduled for the May 2015 regularly scheduled meeting. Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 14-798 12/10/14 18.B. TO CONSIDER PERSONAL PROPERTY TAX EXEMPTION REQUESTS 18.B.1. FROM THE FRIENDS OF THE CHESTERFIELD COUNTY PUBLIC LIBRARY Mr. Mincks stated this date and time has been advertised for a public hearing for the Board to consider personal property tax exemption request from The Friends of the Chesterfield County Public Library. Mr. Holland called for public comment. There being no one to speak to the issue, the public hearing was closed. On motion of Mr. Warren, seconded by Mr. Elswick, the Board approved the real estate tax exemption request of The Friends of the Chesterfield County Public Library and adopted the following ordinance: AN ORDINANCE TO DESIGNATE PERSONAL PROPERTY OWNED BY FRIENDS OF THE CHESTERFIELD COUNTY PUBLIC LIBRARY TO BE EXEMPT FROM PROPERTY TAXATION WHEREAS, subsection 6(A)(6) of Article X of the Constitution of Virginia, on and after January 1, 2003, authorizes localities to designate as exempt from local taxation the real or personal property, or both, owned by a non-profit organization that uses such property for religious, charitable, patriotic, historical, benevolent, cultural, or public park and playground purposes; and WHEREAS, the County has received a request from the Friends of the Chesterfield County Public Library to consider granting it a tax exemption for personal property owned by it in Chesterfield County; and WHEREAS, in accordance with Va. Code, §58.1-3651 the Board has conducted a public hearing and considered each of the questions required to be considered before adopting an ordinance granting any such exemption; and WHEREAS, the Board has determined that the Friends of the Chesterfield County Public Library meets the requirement for the personal property tax exemption that it has requested by reason of its being a non-profit organization which uses the real property for which it is requesting the exemption for cultural purposes. NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Chesterfield County: 1. The Friends of the Chesterfield County Public Library is hereby designated a cultural organization within the context of Section 6(A)(6) of Article X of the Constitution of Virginia. 2. The personal property is used by the Friends of the Chesterfield County Public Library exclusively for cultural purposes on a non-profit basis as set forth in Section 1 of this ordinance and is hereby determined to be exempt from local taxation. This exemption shall be contingent on the 14-799 12/10/14 19 9 9 N continued use of the property in accordance with for which the organization is designated as exempt 1. 3. This personal property tax exemption effective as of January 1, 2015. 4. This ordinance shall Code but shall be kept on Commissioner of Revenue. the purpose in Section shall be not be set out in the County file in the Office of the S. This ordinance shall be in effect immediately upon its adoption. Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 18.B.2. FROM THE COMMUNITY FOUNDATION, INCORPORATED Mr. Mincks stated this date and time has been advertised for a public hearing for the Board to consider personal property tax exemption request from The Community Foundation, Incorporated. Mr. Holland called for public comment. Ms. Darcy Oman expressed her appreciation to the Board for consideration of the tax exemption application for The Community Foundation, Incorporated. There being no one else to speak to the issue, the public hearing was closed. On motion of Mr. Warren, seconded by Mr. Holland, the Board approve the real estate tax exemption request of The Community Foundation, Incorporated and adopted the following ordinance: AN ORDINANCE TO DESIGNATE PERSONAL PROPERTY OWNED BY THE COMMUNITY FOUNDATION, INC. TO BE EXEMPT FROM PROPERTY TAXATION WHEREAS, subsection 6(A)(6) of Article X of the Constitution of Virginia, on and after January 1, 2003, authorizes localities to designate as exempt from local taxation the real or personal property, or both, owned by a non-profit organization that uses such property for religious, charitable, patriotic, historical, benevolent, cultural, or public park and playground purposes; and WHEREAS, the County has received a request from The Community Foundation, Inc. to consider granting it a tax exemption for personal property owned by it in Chesterfield County; and WHEREAS, in accordance with Va. Code, §58.1-3651 the Board has conducted a public hearing and considered each of the questions required to be considered before adopting an ordinance granting any such exemption; and WHEREAS, the Board has determined that The Community Foundation, Inc. meets the requirement for the personal 14-800 12/10/14 property tax exemption that it has requested by reason of its being a non-profit organization which uses the real property for which it is requesting the exemption for benevolent purposes. NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Chesterfield County: 1. The Community Foundation, Inc. is hereby designated a benevolent, non-profit organization within the context of Section 6(A)(6) of Article X of the Constitution of Virginia. 2. The personal property is used by The Community Foundation, Inc. exclusively for benevolent purposes on a non-profit basis as set forth in Section 1 of this ordinance and is hereby determined to be exempt from local taxation. This exemption shall be contingent on the continued use of the property in accordance with the purpose for which the organization is designated as exempt in Section 1. 3. This personal property tax exemption shall be effective as of January 1, 2015. 4. This ordinance shall Code but shall be kept on Commissioner of Revenue. not be set out in the County file in the Office of the S. This ordinance shall be in effect immediately upon its adoption. Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 18.B.3. FROM MOUNTAIN MOVERS MINISTRY D/B/A M3 THRIFT Mr. Mincks stated this date and time has been advertised for a public hearing for the Board to consider personal property tax exemption request from Mountain Movers Ministry d/b/a M3 Thrift. Mr. Holland called for public comment. Elder Wade S. Runge expressed his appreciation to the Board for consideration of the tax exemption application for Mountain Movers Ministry d/b/a M3 Thrift. Mr. Holland expressed his appreciation for Elder Runge's service and fellowship to the county. There being no one else to speak to the issue, the public hearing was closed. On motion of Mr. Holland, seconded by Mr. Gecker, the Board approved the real estate tax exemption request of Mountain Movers Ministry d/b/a M3 Thrift and adopted the following ordinance: 14-801 12/10/14 9 1E 9 M AN ORDINANCE TO DESIGNATE THE PERSONAL PROPERTY OWNED BY MOUNTAIN MOVERS MINISTRY d/b/a M3 THRIFT TO BE EXEMPT FROM PROPERTY TAXATION WHEREAS, subsection 6(A)(6) of Article X of the Constitution of Virginia, on and after January 1, 2003, authorizes localities to designate as exempt from local taxation the real or personal property, or both, owned by a non-profit organization that uses such property for religious, charitable, patriotic, historical, benevolent, cultural, or public park and playground purposes; and WHEREAS, the County has received a request from Mountain Movers Ministry d/b/a M3 Thrift to consider granting it a tax exemption for personal property owned by it in Chesterfield County and located at 885 Research Road and at 13118 Midlothian Turnpike (the "Personal Property"); and WHEREAS, in accordance with Va. Code, §58.1-3651 the Board has conducted a public hearing and considered each of the questions required to be considered before adopting an ordinance granting any such exemption; and WHEREAS, the Board has determined that Mountain Movers Ministry d/b/a M3 Thrift meets the requirement for the personal property tax exemption that it has requested by reason of its being a non-profit organization which uses the personal property for which it is requesting the exemption for religious, charitable, and benevolent purposes. NOW THEREFORE BE IT ORDAINED by the Board of Supervisors of Chesterfield County: 1. Mountain Movers Ministry d/b/a M3 Thrift is hereby designated a religious, charitable, and benevolent, non- profit organization within the context of Section 6(A) (6) of Article X of the Constitution of Virginia. 2. The Personal Property is used by Mountain Movers Ministry d/b/a M3 Thrift for religious, charitable, and benevolent purposes on a non-profit basis as set forth in Section 1 o Mountain Movers Ministry d/b/a M3 Thrift of this ordinance and is hereby determined to be exempt from local taxation. This exemption shall be contingent on the continued use of the property in accordance with the purpose for which the organization is designated as exempt in Section 1. 3. This personal property tax exemption shall be effective as of January 1, 2015. 4. This ordinance shall not be set out in the County Code but shall be kept on file in the office of the Commissioner of Revenue. 5. This ordinance shall be in effect immediately upon its adoption. Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 14-802 12/10/14 18.C. TO CONSIDER A REQUEST TO VACATE A PORTION OF A SEVENTY-FOOT RIGHT OF WAY KNOWN AS JUSTICE ROAD AND TEMPORARY TURNAROUND EASEMENTS Mr. Harmon stated this date and time has been advertised for a public hearing for the Board to consider a request to vacate a portion of a seventy-foot right of way known as Justice Road and temporary turnaround easements. Mr. Holland called for public comment. There being no one to speak to the issue, the public hearing was closed. On motion of Mr. Warren, seconded by Mr. Gecker, the Board approved the request to vacate a portion of a seventy-foot right of way known as Justice Road and temporary turnaround easements. Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 18.D. TO CONSIDER THE EXERCISE OF EMINENT DOMAIN FOR THE ACQUISITION OF PERMANENT WATER AND TEMPORARY CONSTRUCTION EASEMENTS FOR THE SOUTH CHESTER ROAD WATERLINE IMPROVEMENTS PROJECT AND PERMANENT SEWER EASEMENTS Mr. Harmon stated this date and times has been advertised for a public hearing for the Board to consider the exercise of eminent domain for the acquisition of permanent water and temporary construction easements for the South Chester Road Waterline Improvements Project and permanent water easements. Mr. Holland called for public comment. There being no one to speak to the issue, the public hearing was closed. On motion of Ms. Jaeckle, seconded by Mr. Warren, the Board approved the exercise of eminent domain for the acquisition of permanent water and temporary construction easements for the South Chester Road Waterline Improvements Project and permanent sewer easements across the property of the Heirs of Mary E. T. Snead, et als, located at 12625 South Chester Road. Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 18.E. TO CONSIDER THE EXCHANGE OF PARCELS OF LAND AND RELOCATION OF INGRESS AND EGRESS EASEMENTS IN MAGNOLIA GREEN Mr. Harmon stated this date and time has been advertised for a public hearing for the Board to consider the exchange of parcels of land and relocation of ingress and egress easements in Magnolia Green. Mr. Holland called for public comment. 14-803 12/10/14 Mr. Will Shewmake, representing iStar and its affiliate company developing Magnolia Green, stated the previous developer of Magnolia Green became distressed and defaulted on its loan in 2009. He further stated today Magnolia Green is a thriving development with increased values that will be desirable to live in. He stated as part of the process to improve the development, iStar engaged engineering to redesign the Conceptual Plan of the project. He further stated if the school site is not swapped, so it is consistent with the new and approved amended Conceptual Plan, everything would come to a halt in the development. He then urged the Board to approve the exchange of parcels of land and relocation of easements in Magnolia Green. There being no one else to speak to the issue, the public hearing was closed. Mr. Elswick stated Magnolia Green was rezoned in the late 1980s with no proffers. He further stated when the development started to take place in 2007, the county negotiated with the developer to create a Community Development Authority to mitigate impacts the development would have on the area. He noted the biggest concern was transportation. He stated county staff has been working for 30 months with iStar to swap the land for the school site and bring the CDA to fruition in order to work on the roadways. Mr. Elswick then made a motion, seconded by Mr. Warren, for the Board to approve the exchange of parcels of land and relocation of easements in Magnolia Green, pending its approval of a Magnolia Green Community Development Authority development agreement, and a subsequent bond sale and closing that yields no less than $25 million in construction proceeds by, no later than, March 31, 2015. Ayes: Holland, Elswick, Jaeckle, Warren 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 to address the Board at this time. 21. ADJOURNMENT On motion of Mr. Warren, seconded by Ms. Jaeckle, the Board adjourned at 8:12 p.m. until Janup.Ky 14, 2015, at 3:00 p.m., 10 _/� ,�, 14-804 12/10/14 9 9 9