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2015-07-22 MinutesN BOARD OF SUPERVISORS MINUTES July 22, 2015 Supervisors in Attendance: Staff in Attendance: Mr. Stephen A. Elswick, Chairman Mr. Greg Akers, Dir., Mr. Arthur S. Warren, Vice Chrm. Internal Audit Ms. Dorothy A. Jaeckle Dr. Sheryl Bailey, Dep. Mr. James M. Holland County Administrator, Mr. Daniel A. Gecker Management Services Mr. Michael Bacile, Dir., Purchasing Mr. James J. L. Stegmaier Ms. Janice Blakley, County Administrator Clerk to the Board Ms. Patsy Brown, Dir., Accounting Ms. Debbie Burcham, Exec. Dir., Community Services Board Mr. Allan Carmody, Dir., Budget and Management Ms. Jana Carter, Dir., Juvenile Services Ms. Mary Ann Curtin, Dir., Intergovtl. Relations Mr. Jonathan Davis, Dir., Real Estate Assessment Mr. William Dupler, Dep. County Administrator, Community Development Mr. Michael Golden, Dir., Parks and Recreation Mr. John W. Harmon, Real Property Manager Mr. Garrett Hart, Dir., Economic Development Mr. George Hayes, Dir., Utilities Department Mr. Rob Key, Director, General Services Mr. Louis Lassiter, Asst. County Administrator Mr. Mike Likins, Dir., Cooperative Extension Mr. Mike Mabe, Dir., Library Mr. Jeffrey L. Mincks, County Attorney Ms. Susan Pollard, Dir., Public Affairs Ms. Mary Martin Selby, Dir Human Resource Services Chief Loy Senter, Fire and EMS 15-876 07/22/15 Ms. Marsha Sharpe, Dir., Social Services Mr. Scott Smedley, Dir., Environmental Engineering Mr. Jesse Smith, Dir., Transportation Mr. Kirk Turner, Dir., Planning Mr. Rick Witt, Building Official Mr. Scott Zaremba, Dir., Human Resources Programs Mr. Elswick called the regularly scheduled meeting to order at 3:00 p.m. 1. APPROVAL OF MINUTES FOR JUNE 24, 2015 On motion of Mr. Warren, seconded by Mr. Holland, the Board approved the minutes of June 24, 2015, as submitted. Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. 2. COUNTY ADMINISTRATOR'S COMMENTS 2.A. COUNTY ADMINISTRATOR'S REPORT • Mr. Stegmaier was pleased to show a brief video that highlighted continued success in the sports tourism area. He stated last month the county hosted the Intercollegiate Women's Lacrosse Coaches Association (IWLCA) Champions Cup at four venues in the county with 375 teams and 15,000 visitors, and this past weekend the IWLCA Capital Cup with 420 teams at two venues with even more visitors. Mr. Holland showcased the NACo award from Best of Category - Community and Economic Development for the county's sports tourism efforts. He announced he attended a tour of IWLCA STX Capital Cup at River City Sportsplex on Monday morning. Ms. Jaeckle stated she happened to be in the Hull Street Corridor when the tournament was taking place and noticed every venue was overflowing with visitors. She also mentioned the Barca Elite Soccer Club was present at River City Sportsplex. • Mr. Stegmaier was happy to report the Center for Digital Government has announced the winners of its annual Digital Counties Survey and Chesterfield County ranked first this year in the category of counties with populations from 250,000 - 500,000. He stated Chesterfield has placed in the top 10 six times. He further stated Chesterfield has placed first in this survey three times, the only locality our size in the nation to do so. The competition is a collaborative effort by the Center for Digital Government, Government Technology and the National Association of Counties. Mr. Holland showcased the first place award from Digital Counties Survey. He recognized the efforts of Mr. Barry Condrey, Chief Information Officer, and his department. 15-877 07/22/15 9 9 9 • Mr. Stegmaier announced that in partnership with the Eppington Foundation, a $268,000 restoration at Eppington was completed this spring. He stated this was the first complete house restoration since the county acquired the property in 1991. He further stated siding, windows and doors were refurbished, a new roof, gutters and downspouts were installed and the first floor received added structural support around chimneys and exterior foundations. He stated The Eppington Foundation provided half of the funding for the project. 3. BOARD MEMBER REPORTS Mr. Holland announced he recently attended the 81st session of the NACo Annual Conference in Charlotte, North Carolina. He stated Chesterfield County was well -represented at the conference. He further stated the Secretary of Defense highlighted the importance of welcoming veterans returning home and integrating them back into the community. Mr. Warren expressed his enthusiasm for the success of Eppington. He noted Thomas Jefferson frequented the landmark and buried one of his children there on the property. Mr. Elswick announced he attended, along with Mr. Holland and Ms. Jaeckle, the grand opening and ribbon cutting of Evonik's Business and Innovation Center yesterday afternoon. He stated the business is a wonderful addition to the county and will create several job opportunities. 4. REQUESTS TO POSTPONE AGENDA ITEMS AND ADDITIONS, DELETIONS OR CHANGES IN THE ORDER OF PRESENTATION On motion of Mr. Holland, seconded by Ms. Jaeckle, the Board replaced Item 8.B.l.c., Adoption of Resolution Authorizing an Advance Refunding of Up to $70,000,000 of General Obligation Bonds and Closing Costs, Adopt a Reimbursement Resolution in Connection with School Referendum Capital Projects, and Set a Public Hearing to Consider Appropriation of Up to $70,000,000 in Payment to the Escrow Agent for the Advance Refunding. Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. 5. RESOLUTIONS 5.A. RECOGNIZING HEALTH CENTER COMMISSION MEMBERS FOR THEIR SERVICE TO CHESTERFIELD COUNTY Mr. James Musgrave, Chief Executive Officer of the Health Center Commission, introduced Ms. Janice Dial, Ms. Michele Stoll and Colonel James Kalanges who were all present to receive their resolutions. On motion of Mr. Warren, seconded by Mr. Holland, the Board adopted the following resolutions: 15-878 07/22/15 WHEREAS, Ms. Janice H. Dial has served as a representative on the Chesterfield County Health Center Commission from July 2007 through June 2015, representing the Clover Hill District with devotion and integrity admired by all; and WHEREAS, during Ms. Dial's tenure, she drew on her past volunteer experience with both the Chesterfield County Health Department and the Crossover Clinic to lend valuable insight of numerous health issues; and WHEREAS, Ms. Dial also drew on her past volunteer experience with the Chesterfield County Social Services Department to lend valuable understanding of the special needs of our community's senior population, and with many local churches, synagogues, mosques and other communities of faith, to lend valuable compassion for the spiritual needs of our community's senior population; and WHEREAS, Ms. Dial served with devotion and grace in many capacities, including that of Secretary of the Commission; and WHEREAS, during Ms. Dial's tenure, she contributed her steadfastness and positive spirit to the many committees she served on, including the Quality Performance, Human Resources, and Strategic Planning Committees; and WHEREAS, Ms. Dial worked tirelessly to support the Lucy Corr mission, vision and values; and WHEREAS, Ms. Dial has shown such an unwavering and selfless commitment to serve, that it has brought recognition and credit not only to herself, but also to Chesterfield County, the Chesterfield County Health Center Commission and Lucy Corr Village. NOW THEREFORE, BE IT RESOLVED that Chesterfield County the Board of Supervisors and the Chesterfield County Health Center Commission, this 22nd day of July 2015, publicly recognize the outstanding contributions of Ms. Janice H. Dial and extends, on behalf of their members, Lucy Corr Village, and the citizens of Chesterfield County, their sincere appreciation for her service and dedication to improving the quality of life of those we serve. AND, BE IT FURTHER RESOLVED that a copy of this resolution be presented to Ms. Dial and that this resolution be permanently recorded among the papers of the Board of Supervisors of Chesterfield County, Virginia. Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. Mr. Warren presented the executed resolution to Ms. Dial and sincerely thanked her for her service and dedication to the community. Ms. Dial expressed appreciation to the Board for the special recognition. 15-879 07/22/15 9 9 Lq On motion of Mr. Holland, seconded by Mr. Warren, the Board adopted the following resolution: WHEREAS, Ms. Michele A. Stoll has served as a representative on the Chesterfield County Health Center Commission from July 2007 to April 2015, representing the Dale District with devotion and integrity admired by all; and WHEREAS, during Ms. Stoll's tenure, she drew on her distinguished career in the health care community as an occupational therapist and a licensed nursing home administrator to bring to the Commission valuable insight regarding the occupational needs of the residents at Lucy Corr Village as well as the day to day health care operations at Lucy Corr Village; and WHEREAS, Ms. Stoll also drew on her vast business experience as an independent contractor and small business owner to bring to the Commission valuable knowledge regarding the areas of contracts, business administration and finance; and WHEREAS, Ms. Stoll served with leadership and dedication in many capacities, including that of Chair and Vice -Chair; and WHEREAS, during Ms. Stoll's tenure, she contributed her skills and talents to the many committees on which she served, including the Finance, Quality Performance, Human Resources, and Strategic Planning Committees; and WHEREAS, Ms. Stoll worked tirelessly to support the Lucy Corr mission, vision and values; and WHEREAS, Ms. Stoll has shown such an unwavering and selfless commitment to serve, that it has brought recognition and credit not only to herself, but also to Chesterfield County, the Chesterfield County Health Center Commission and Lucy Corr Village. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors and the Chesterfield County Health Center Commission, this 22nd day of July 2015, publicly recognize the outstanding contributions of Ms. Michele A. Stoll and extends, on behalf of their members, Lucy Corr Village, and the citizens of Chesterfield County, their sincere appreciation for her service and dedication to improving the quality of life of those we serve. AND, BE IT FURTHER RESOLVED that a copy of this resolution be presented to Ms. Stoll and that this resolution be permanently recorded among the papers of the Board of Supervisors of Chesterfield County, Virginia. Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. Mr. Holland presented the executed resolution to Ms. Stoll and sincerely thanked her for her service and dedication to the community. Ms. Stoll expressed appreciation to the Board for the special recognition. 15-880 07/22/15 On motion of Mr. Holland, seconded by Mr. Warren, the Board adopted the following resolution: WHEREAS, Colonel James Kalanges, United States Army (Retired), has served as a representative on the Chesterfield County Health Center Commission from July 2011 through June 2015, representing the Bermuda District with devotion and integrity admired by all; and WHEREAS, during Colonel Kalanges' tenure, he drew on his distinguished life-long career in the military to bring to the Commission discipline, focus and long-term planning; and WHEREAS, he also drew on his international experiences and life travels to bring to the Commission a unique ability to work diplomatically and effectively with persons of all backgrounds in achieving a common goal; and WHEREAS, Colonel Kalanges utilized his extensive business expertise, to bring to the Commission valuable insight for daily operations and finance structuring; and WHEREAS, Colonel Kalanges contributed leadership, guidance and dedication to the many committees he served on, including the Quality Performance, Human Resources, Finance, and Strategic Planning Committees; and WHEREAS, Colonel Kalanges worked tirelessly to support the Lucy Corr mission, vision and values; and WHEREAS, Colonel Kalanges has shown such an unwavering and selfless commitment to serve, that it has brought recognition and credit not only to himself, but also to Chesterfield County, the Chesterfield County Health Center Commission and Lucy Corr Village. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors and the Chesterfield County Health Center Commission, this 22nd day of July 2015, publicly recognize the outstanding contributions of Colonel James Kalanges and extends, on behalf of their members, Lucy Corr Village, and the citizens of Chesterfield County, their sincere appreciation for his service and dedication to improving the quality of life of those we serve. AND, BE IT FURTHER RESOLVED that a copy of this resolution be presented to Colonel Kalanges and that this resolution be permanently recorded among the papers of the Board of Supervisors of Chesterfield County, Virginia. Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. Ms. Jaeckle presented the executed resolution to Mr. Kalanges and sincerely thanked him for his service and dedication to the community. Mr. Kalanges expressed his appreciation to the Board for the special recognition. 15-881 07/22/15 91 9 19 5.A. RECOGNIZING CORPORAL RAYMOND D. ASH, JR., POLICE DEPARTMENT, UPON HIS RETIREMENT Colonel Dupuis introduced Corporal Raymond D. Ash, Jr., who was present to receive the resolution. On motion of Mr. Holland, seconded by Mr. Elswick, the Board adopted the following resolution: WHEREAS, Corporal Raymond D. Ash, Jr., will retire from the Chesterfield County Police Department on August 1, 2015, after providing over 31 years of outstanding quality service to the residents of Chesterfield County; and WHEREAS, Corporal Ash has faithfully served the county in the capacity of Patrol Officer, Detective, Detective First Class, Senior, Master, Career Detective and Corporal; and WHEREAS, during his tenure, Corporal Ash also served as General Instructor, Driving Instructor, K-9 Officer, Evidence Technician, Total Quality Improvement Facilitator; General Detective and Background Detective; and WHEREAS, Corporal Ash was primarily assigned to handle fire investigations and bomb cases; and WHEREAS, Corporal Ash is a Certified Fire/State Arson Investigator and hazardous material technician and has served as a local Environmental Protection Agency representative and liaison for the Fire Marshal's office; and WHEREAS, Corporal Ash has served on numerous associations to include the Central Virginia Fire Arson Association, the Virginia Chapter of International Association of Arson Investigators, Inc., the International Association of Auto Theft Investigators and the Terror Intelligence Group; and WHEREAS, Corporal Ash served as a member of the Police Special Response Unit and held the position of squad leader; and WHEREAS, Corporal Ash was the recipient of two Chief's Commendations in for his teamwork and detailed approach to investigations and the identification and arrest of a serial arson suspect; and WHEREAS, Corporal Ash was recognized with an Achievement Award for the teamwork and dedication to duty he demonstrated as a driver training instructor, and his outstanding work ethic and positive attitude resulted in the successful training of all officers; and WHEREAS, Corporal Ash was recognized with a Chief's Commendation Award for his tenacious investigation skills and teamwork, which resulted in the arrest of several people involved in the high profile arson of the First Baptist Church of Centralia; and 15-882 07/22/15 WHEREAS, Corporal Ash was consistently recognized for his active role in mentoring newer detectives during his tenure in the Investigations Bureau and for always setting a positive example for others to follow; and WHEREAS, Corporal Ash is recognized for his excellent communications and human relations skills, his professionalism and his teamwork, all of which he has utilized within the Police Department and in assisting residents of Chesterfield County during his career; and WHEREAS, Corporal Ash has received numerous letters of commendation, thanks and appreciation for services rendered; and WHEREAS, Corporal Ash has provided the Chesterfield County Police Department with many years of loyal and dedicated service; and WHEREAS, Chesterfield County and the Board of Supervisors will miss Corporal Ash's diligent service. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 22nd day of July 2015, publicly recognizes Corporal Raymond D. Ash, Jr., and extends on behalf of its members and the residents of Chesterfield County, appreciation for his service to the county, congratulations upon his retirement, and best wishes for a long and happy retirement. AND, BE IT FURTHER RESOLVED that a copy of this resolution be presented to Corporal Ash and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. Mr. Elswick presented the executed resolution to Corporal expressed appreciation for his years of service to the count) wished him well in his retirement. Mr. Holland, Mr. Warren, Ms. Jaeckle and Mr. Gecker all commended Corporal Ash for his loyal and dedicated service to the county and wished him a long and enjoyable retirement. Mr. Stegmaier presented Corporal Ash with an acrylic statue and county watch, congratulated him on his retirement and expressed appreciation for his outstanding service to the county. Corporal Ash, accompanied by members of his family, expressed his sincere appreciation to the Board for the special recognition and kind sentiments. 6. WORK SESSIONS There were no Work Sessions at this time. 15-883 07/22/15 9 19 sh, and 9 N 7. DEFERRED ITEMS There were no Deferred Items at this time. 8. NEW BUSINESS 8.A. APPOINTMENTS On motion of Mr. Holland, seconded by Mr. Gecker, the Board suspended its rules to allow simultaneous nomination /appointment/reappointment of members to the Citizen's Budget Advisory Committee, Watkins Centre Community Development Authority Board and Youth Services Citizen Board. Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. 8.A.1. CITIZEN'S BUDGET ADVISORY COMMITTEE On motion of Mr. Holland, seconded by Mr. Gecker, the Board simultaneously nominated/appointed Mr. Dean Lynch, Mr. Timothy Counts, Mr. Ralph Eudailey and Mr. Eugene Johnson Jr. to serve as members on the Citizen's Budget Advisory Committee, whose terms are effective on October 1, 2015, and will expire on September 30, 2017. And further the Board reappointed Mr. John Hilliard to fill an unexpired one-year term, effective on October 1, 2015, and expiring on September 30, 2016. Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. 8.A.2. WATKINS CENTRE COMMUNITY DEVELOPMENT AUTHORITY BOARD On motion of Mr. Gecker, seconded by Ms. Jaeckle, the Board simultaneously nominated/appointed/reappointed Mr. Hugh Keogh, Mr. Douglas Sbertoli, Dr. Marshall Smith, Ms. Tracy Kemp Stallings and Dr. James A. Shultz to serve as members to the Watkins Centre Community Development Authority Board, whose terms are effective immediately and will expire on July 21, 2019. Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. 8.A.3. YOUTH SERVICES CITIZEN BOARD On motion of Mr. Holland, seconded by Mr. Gecker, the Board simultaneously nominated/appointed/reappointed the following students to the Youth Services Citizen Board, whose terms are effective August 1, 2015, and will expire on June 30, 2016: Ms. Michelle Marquez Ms. Cameron Lee Lewis Mr. Drew Buckley Ms. Rikki Walters Mr. Dea'Quan Young Ms. Neonna Ferebee Mr. Justin Dunford 15-884 Clover Hill District Clover Hill District Clover Hill District Dale District Dale District Dale District Matoaca District 07/22/15 Ms. Sarah Patton Ms. Tallyn Clark Ms. Candice Ann Dodd Ms. Peyton Badura Ms. Katherine Wroblewski Ms. Francesca Urcia Mr. Josh Lee Ms. Tess Monks Matoaca District Matoaca District Bermuda District Midlothian District Midlothian District Midlothian District At -Large Member At -Large Member Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. The following item was discussed by the Board before the approval of the Consent Agenda: 8.B.3.c. SET DATE FOR PUBLIC HEARING TO CONSIDER AN AMENDMENT TO THE COUNTY CODE TO PROVIDE THAT ALL GOODS AND SERVICES RELATED TO SCHOOL CONSTRUCTION BE PROCURED THROUGH COMPETITIVE CENTRALIZED PURCHASING ADMINISTERED BY THE COUNTY PURCHASING nTRRrTnR Mr. Gecker inquired if it would be possible to include in the white paper, construction oversight, as well as the planning function relative to school capital projects. Mr. Holland concurred with Mr. Gecker's comments. He stated collaboratively working with the school division and overseeing the process is a positive result for the county going forward. In response to Mr. Elswick's question, Mr. Gecker stated he does not expect the Board to take an action formally today. He further stated he would like to expand the scope of the white paper to include the benefits and detriments of construction management in the planning. He noted no action would be taken, other than administrative at this time. Mr. Elswick expressed concerns relative to the short timeframe given to staff to work out the procurement details. He inquired if the Board should set the public hearing in September, rather than August, to give staff and the public enough time to digest the information. Mr. Holland agreed with Mr. Elswick's suggestion to set the public hearing for September. Mr. Gecker stated if there is no public hearing, the Board cannot act; however, if there is a public hearing, even if the Board does not act at that point, at least all the conditions necessary to act have been put in place. Ms. Jaeckle stated her preference would be to keep the public hearing in August in order to maintain a reasonable deadline. Mr. Gecker noted all jobs expand to the time allotted. 15-885 07/22/15 9 9 PC Mr. Holland stated given the possibility of upcoming vacation plans for staff and citizens, as well as other concerns, he suggested the consideration of holding the public hearing in September. Mr. Elswick expressed concerns relative to ample time given to citizens to digest the information, interact with staff and present their opinions on the matter at the public hearing in August. Ms. Jaeckle inquired about the timeframe relative to staff compiling the report. Mr. Stegmaier stated staff intends to have the report on the procurement piece to the Board within two weeks, well in advance of the public hearing. He further stated the additional piece on construction management could possibly be completed within a two-week timeframe as well. He noted the construction management component is not covered by the ordinance. He stated staff can take an initial look at construction management in the meantime. Mr. Warren stressed the importance of making sure citizens have adequate time to review the material compiled by staff. He expressed concerns relative to public perception of rushing the issue unnecessarily. Mr. Warren made a motion to set a public hearing for September 16, 2015. Mr. Holland seconded the motion. Mr. Gecker stated it is his understanding that the school division has asked to take over procurement and inquired whether the issue was particularly complex. He further stated it has been said on many different occasions that consolidation of functions, wherever possible, was needed. He stated folding the school division's procurement into the county's process is something that needs to happen based upon many prior discussions. Ms. Jaeckle stated all other school division procurements are handled by the county currently. She further stated she believes staff is busier in the month of September due to the start of school. Discussion ensued relative to the timeframe needed for staff to produce a full report to the Board of Supervisors. Mr. Stegmaier stated there are two different issues in question, one is the policy issue and whether it is a good thing to consolidate procurement, and what are the steps in the transition that need to be accomplished in order to implement the consolidation. He further stated he does not know if a complete plan needs to be in place for the implementation in order to make the policy decision that it is a good thing to go ahead and do the consolidation. He stated staff has prepared a preliminary list of issues that need to be addressed, which can be made available to the citizens today. He further stated if staff can distribute the report in two weeks, would that be enough time, prior to the public meeting for the citizens to provide feedback. He noted staff will be available to meet with citizens interested in becoming involved in the process. He stated adding the construction management component is an additional question and administratively will be a different process. 15-886 07/22/15 Mr. Holland suggested giving additional time for staff to compile information in order to better serve the citizens and collect their input relative to the process. He stressed the importance of informing the public about significant changes being contemplated. Mr. Gecker recommended the Board set the public hearing date for August 26 and agree that if staff does not produce a timely report, the public hearing will be deferred at that time until the next regularly scheduled meeting. Ms. Jaeckle noted the school division has asked to have the county oversee the matter in order to become more efficient. She expressed concerns relative to delaying the matter. She stated setting the public hearing for August 26 gives the Board the opportunity to defer the public hearing if information is not presented in a well-timed manner. Mr. Elswick stressed the importance of fully understanding all components associated with the issue and providing citizens with ample time to prepare their comments after being presented with staff's report. Mr. Holland concurred with Mr. Elswick's remarks. Mr. Elswick called for a vote on the motion of Mr. Warren, seconded by Mr. Holland, for the Board to set September 16, 2015, as a public hearing to consider an amendment to the County Code to provide that all goods and services related to school construction be procured through competitive centralized purchasing administered by the county purchasing director; and directed staff to provide a full report to the Board relative to construction management. Ayes: Elswick, Warren, Holland. Nays: Jaeckle, Gecker. 8.B. CONSENT ITEMS 8.B.1. ADOPTION OF RESOLUTIONS 8.B.l.a. RECOGNIZING AUGUST 14, 2015, AS A DAY OF REMEMBRANCE OF THE CONCLUSION OF WORLD WAR II On motion of Mr. Holland, seconded by Mr. Warren, the Board adopted the following resolution: WHEREAS, at 7 p.m. on Tuesday, August 14, 1945, as millions around the world anxiously awaited, President Harry S. Truman announced that Japan had accepted Allied terms for unconditional surrender, and World War II, the most cataclysmic event of the 20th century, at last had ended; and WHEREAS, as news spread throughout the Richmond area, it was reported that "Broad Street became a streaming parade of vehicles and people, giving vent to uncontrolled joy, smiles, tears and prayers"; and 15-887 07/22/15 lr_� 9 N WHEREAS, victory over Imperial Japan, Nazi Germany and Fascist Italy was not,without price; and WHEREAS, at the Virginia War Memorial, there are some 9,231 names of Virginians who died from hostile action during World War II inscribed and honored on its Shrine of Memory stone and glass walls; and WHEREAS, of those, more than 50 who made the supreme sacrifice to ensure ultimate triumph resided within the boundaries of Chesterfield County. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 22nd day of July 2015, publicly recognizes August 14, 2015, as the 70th anniversary of World War II's conclusion, and calls for the remembrance of this commemorative historical date. AND, BE IT FURTHER RESOLVED that the Board encourages all citizens to pause and offer an unqualified "thank you" to the men and women whose courage and commitment during those tumultuous years was essential in preserving our country, our commonwealth and our county. Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. 8.B.l.b. RECOGNIZING "NATIONAL NIGHT OUT" IN CHESTERFIELD COUNTY On motion of Mr. Holland, seconded by Mr. Warren, the Board adopted the following resolution: WHEREAS, each year on the first Tuesday in August, communities across the nation band together to demonstrate their unity in the fight against crime; and WHEREAS, this show of solidarity by law-abiding citizens has been named "National Night Out"; and WHEREAS, the National Night Out event will take place on Tuesday, August 4, 2015, as the 32nd annual event of this type; and WHEREAS, this year's National Night Out campaign will involve citizens, law enforcement agencies, civic groups, businesses, neighborhood organizations and local officials from 10,000 communities in 50 states, U.S. territories, Canadian cities and military bases worldwide; and WHEREAS, National Night Out is designed to heighten crime- and drug -prevention awareness; and WHEREAS, this event also generates support for, and participation in, local anti-crime programs; and 15-888 07/22/15 WHEREAS, National Night Out strengthens neighborhood spirit and the relationships between police and the communities; and WHEREAS, these events send a message to criminals that the communities are organized and fighting back against crime; and WHEREAS, Chesterfield County has as one of its strategic goals: "Partner with residents to provide a safe and secure community through prevention, readiness, and professional response"; and WHEREAS, National Night Out is an important component in the effort to achieve that goal. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors hereby recognizes "National Night Out" in Chesterfield County, Virginia; thanks police, the more than 100 neighborhoods and businesses and all others who will join to prevent crime; and all residents and businesses in Chesterfield County who will turn on their porch lights and other exterior lights and gather with friends and neighbors on August 4, 2015, to demonstrate their unity in the fight against crime. Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. 8.B.i.c. AUTHORIZING AN ADVANCE REFUNDING OF UP TO $70,000,000 OF GENERAL OBLIGATION BONDS AND CLOSING COSTS, ADOPT A REIMBURSEMENT RESOLUTION IN CONNECTION WITH SCHOOL REFERENDUM CAPITAL PROJECTS, AND SET A PUBLIC HEARING TO CONSIDER APPROPRIATION OF UP TO $70,000,000 IN PAYMENT TO THE ESCROW AGENT FOR THE ADVANCE REFUNDING On motion of Mr. Holland, seconded by Mr. Warren, the Board set August 26, 2015, as the date for a public hearing to consider the appropriation of up to $70,000,000 for payment to the escrow agent for the advance refunding. And, further, the Board adopted the following resolution authorizing the advance refunding of up to $70,000,000 of various outstanding general obligation bonds and closing costs: A RESOLUTION AUTHORIZING AND PROVIDING FOR THE ISSUANCE, SALE AND DELIVERY OF AN ISSUE OF NOT TO EXCEED SEVENTY MILLION DOLLARS ($70,000,000) PRINCIPAL AMOUNT OF GENERAL OBLIGATION PUBLIC IMPROVEMENT REFUNDING BONDS OF THE COUNTY OF CHESTERFIELD, VIRGINIA, FOR THE PURPOSE OF PROVIDING FUNDS TO REFUND IN ADVANCE OF THEIR STATED MATURITIES AND REDEEM CERTAIN OUTSTANDING GENERAL OBLIGATION PUBLIC IMPROVEMENT BONDS OF THE COUNTY; FIXING THE FORM, DENOMINATION AND CERTAIN OTHER DETAILS OF SUCH BONDS; PROVIDING FOR THE SALE OF SUCH BONDS AND DELEGATING TO THE COUNTY ADMINISTRATOR CERTAIN POWERS WITH RESPECT THERETO; AUTHORIZING AND 15-889 07/22/15 9 9 19 PROVIDING FOR THE PREPARATION AND DISTRIBUTION OF A PRELIMINARY OFFICIAL STATEMENT AND AN OFFICIAL STATEMENT RELATING TO SUCH BONDS; AND PROVIDING WITH RESPECT TO CERTAIN OTHER MATTERS RELATED THERETO BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF CHESTERFIELD, VIRGINIA: SECTION 1. Findings and Determinations. (a) The County of Chesterfield, Virginia (the "County"), has been advised by the County's Financial Advisor that the refunding in advance of their stated maturities of all or a portion of certain currently outstanding issues of general obligation public improvement bonds of the County, including, without limitation, all or a portion of the outstanding County of Chesterfield, Virginia, General Obligation Public Improvement Bonds, Series of 2006, dated March 8, 2006 (the "Series 2006 Bonds"), all or a portion of the County of Chesterfield, Virginia, General Obligation Public Improvement Bonds, Series A of 2007, dated April 11, 2007 (the "Series 2007A Bonds"), and all or a portion of the outstanding County of Chesterfield, Virginia, General Obligation Public Improvement Bonds, Series of 2008, dated April 16, 2008 (the "Series 2008 Bonds"), may result in debt service cost savings to the County. (b) The Board of Supervisors desires to authorize the issuance and sale of general obligation public improvement refunding bonds to provide for the refunding and defeasance of all or a portion of such outstanding general obligation public improvement bonds, including, without limitation, all or a portion of the outstanding Series 2006 Bonds, all or a portion of the outstanding Series 2007A Bonds, all or a portion of the Series 2008 Bonds and all or a portion of such other series of outstanding general obligation public improvement bonds or general obligation public improvement refunding bonds, the refunding of which shall be recommended by the County's Financial Advisor (such bonds to be refunded in advance of their stated maturities being referred to hereinafter as the "Refunded Bonds"). (c) The Board of Supervisors of the County desires to authorize the issuance and sale of general obligation public improvement refunding bonds to provide for the refunding and defeasance of the Refunded Bonds and to pay the costs of issuing the Refunded Bonds. (d) In the judgment of the Board of Supervisors, it is necessary and expedient to authorize the issuance and sale of General Obligation Public Improvement Refunding Bonds in the principal amount of not to exceed Seventy Million Dollars ($70,000,000) for the purpose of providing funds to refund and defease all or a portion of the Refunded Bonds and to pay the costs of issuing such Bonds. SECTION 2. Authorization of General Obli ation Public Improvement Refunding Bonds. For the purpose of refunding and defeasing all or a portion of the Refunded Bonds, there are hereby authorized to be issued, sold and delivered an issue of general obligation public improvement 15-890 07/22/15 refunding bonds of the County in a principal amount not exceeding $70,000,000 to be designated and known as "General Obligation Public Improvement Refunding Bonds" (the "Bonds"). The Bonds are to be issued pursuant to the provisions of Title 15.2, Chapter 26, of the Code of Virginia, 1950, the same being the Public Finance Act of 1991 (the "Public Finance Act of 1991"). SECTION 3. Approval of the Details and Sale of the Bonds. (a) The Bonds shall be dated such date, shall bear interest from their date payable on such date and semiannually thereafter and shall have such series designation as shall be determined by the County Administrator. The Bonds shall mature and become due and payable on such date or dates not exceeding forty (40) years from their date and in such principal amounts on each such date as shall be determined by the County Administrator. The Bonds may be sold contemporaneously with any other bonds of the County, including, without limitation, the general obligation public improvement bonds approved by the voters of the County at the election duly called and held under the Public Finance Act of 1991 on November 5, 2013. (b) (i) The Bonds shall be issued only in fully registered form. One Bond representing each maturity of the Bonds will be issued to and registered in the name of Cede & Co., as nominee of The Depository Trust Company, New York, New York ("DTC"), or in the name of such other nominee of DTC as may be requested by an authorized representative of DTC, as registered owner of the Bonds, and each such Bond shall be immobilized in the custody of DTC. DTC will act as securities depository for the Bonds. Individual purchases will be made in book -entry form only, in the principal amount of $5,000 or any integral multiple thereof. Purchasers will not receive physical delivery of certificates representing their interests in the Bonds purchased. (ii) Principal and interest payments on the Bonds will be made by the County by wire transfer to DTC or its nominee, Cede & Co., or such other nominee of DTC, as registered owner of the Bonds, which will in turn remit such payments to the DTC participants for subsequent disbursal to the beneficial owners of the Bonds. Transfers of principal and interest payments to DTC participants will be the responsibility of DTC. Transfers of such payments to beneficial owners of the Bonds by DTC participants will be the responsibility of such participants and other nominees of such beneficial owners. Transfers of ownership interests in the Bonds will be accomplished by book entries made by DTC and, in turn, by the DTC participants who act on behalf of the indirect participants of DTC and the beneficial owners of the Bonds. (iii) The County will not be responsible or liable for sending transaction statements or for maintaining, supervising or reviewing records maintained by DTC, its participants or persons acting through such participants or for transmitting payments to, communicating with, notifying, or otherwise dealing with any beneficial owner of the Bonds. So long as the Bonds are in book -entry only form, the County 15-891 07/22/15 9 9 M Treasurer will serve as Registrar and Paying Agent for the Bonds in accordance with the provisions of Section 4 hereof. The County reserves the right to designate a successor Registrar and Paying Agent for the Bonds if the Bonds at any time cease to be in book -entry only form. (c) The Bonds shall be subject to redemption at the option of the County prior to their stated maturities, in whole or in part at any time, on such dates and with such redemption premiums, if any, as shall be determined by the County Administrator. (d) In accordance with and subject to the provisions of the Official Notice of Sale of the Bonds, bidders may provide that all the Bonds shall be issued as serial Bonds or may provide that any two or more consecutive annual principal amounts shall be combined into one or more term Bonds. If the successful bidder designates principal amounts to be combined into one or more term Bonds, each such term Bond shall be subject to mandatory sinking fund redemption commencing on such date in the first year which has been combined to form such term Bond and continuing on such date in each year thereafter until the stated maturity date of that term Bond. The amount redeemed in any year shall be equal to the principal amount of serial Bonds that would otherwise have matured in such year. Bonds to be redeemed in any year by mandatory sinking fund redemption shall be redeemed at par and shall be selected by lot from among the Bonds then subject to redemption. The County, at its option, may credit against any mandatory sinking fund redemption requirement term Bonds of the maturity then subject to redemption which have been purchased and cancelled by the County or which have been redeemed and not theretofore applied as a credit against any mandatory sinking fund redemption requirement. (e) (i) If any Bond (or any portion of the principal amount thereof in installments of $5,000) shall be subject to redemption and shall be called for redemption, notice of the redemption thereof, specifying the date, number and maturity of such Bond, the date and place or places fixed for its redemption, the premium, if any, payable upon such redemption and, if less than the entire principal amount of such Bond is to be redeemed, that such Bond must be surrendered in exchange for the principal amount thereof to be redeemed and a new Bond or Bonds issued equalling in principal amount that portion of the principal amount thereof not to be redeemed, shall be mailed not less than thirty (30) days prior to the date fixed for redemption by first class mail, postage prepaid, to the registered owner of such Bond at the address of such registered owner as it appears on the books of registry kept by the Registrar and Paying Agent for the Bonds. The Registrar and Paying Agent shall not be required to exchange or transfer any Bond later than the close of business on the forty-fifth (45th) day next preceding the date fixed for redemption of such Bond or any portion thereof. If notice of the redemption of any Bond shall have been given as aforesaid, and payment of the principal amount of such Bond (or the portion of the principal amount thereof to be redeemed) and of the accrued 15-892 07/22/15 interest and premium, if any, payable upon such redemption shall have been duly made or provided for, interest on such Bond shall cease to accrue from and after the date so specified for redemption thereof. (ii) Any notice of the optional redemption of the Bonds may state that it is conditioned upon there being on deposit with the County, or the Registrar and Paying Agent for the Bonds or other designated agent of the County, on the date fixed for the redemption thereof an amount of money sufficient to pay the redemption price of such Bonds, together with the interest accrued thereon to the date fixed for the redemption thereof, and any conditional notice so given may be rescinded at any time before the payment of the redemption price of such Bonds, together with the interest accrued thereon, is due and payable if any such condition so specified is not satisfied. If a redemption of any Bonds does not occur after a conditional notice is given due to there not being on deposit with the County, or the Registrar and Paying Agent for the Bonds or other designated agent of the County, a sufficient amount of money to pay the redemption price of such Bonds, together with the interest accrued thereon to the date fixed for the redemption thereof, the corresponding notice of redemption shall be deemed to be revoked. (iii) So long as the Bonds of any series are in book -entry only form, any notice of redemption will be given only to DTC or its nominee. The County shall not be responsible for providing any beneficial owner of the Bonds with a notice of redemption. SECTION 4. Appointment of County Treasurer as Registrar and Paying Agent; Payment of Bonds; Books of Registry; Exchanges and Transfers of Bonds. (a) Appointment of Registrar and Paying Agent. The County Treasurer is hereby appointed Registrar and Paying Agent for the Bonds (hereinafter referred to as the "Registrar and Paying Agent"). (b) Payment of Bonds. (i) At any time during which the Bonds shall be in fully registered form, the interest on the Bonds shall be payable by check mailed by the Registrar and Paying Agent to the registered owners of the Bonds at their addresses as the same appear on the books of registry as of the record date for the payment of interest on the Bonds, and the principal of the Bonds shall be payable at the office of the Registrar and Paying Agent; provided, however, that so long as the Bonds are in book -entry only form and registered in the name of Cede & Co. , as nominee of DTC, or in the name of such other nominee of DTC as may be requested by an authorized representative of DTC, interest on the Bonds shall be paid directly to Cede & Co. or such other nominee of DTC by wire transfer. (ii) At any time during which the Bonds shall be in book -entry form, the principal of and interest on the Bonds shall be payable in accordance with the arrangements made with the depository for the Bonds. 15-893 07/22/15 9 (iii) The principal of and interest on the Bonds shall be payable in such coin or currency of the United States of America as at the respective dates of payment is legal tender for public and private debts. Interest on the Bonds shall be calculated on the basis of a 360 -day year comprised of twelve 30 -day months. (c) Books of Registry; Exchanges and Transfers of Bonds. (i) At all times during which any Bond remains outstanding and unpaid, the Registrar and Paying Agent shall keep or cause to be kept at its office, books of registry for the registration, exchange and transfer of the Bonds. Upon presentation at the office of the Registrar and Paying Agent for such purpose, the Registrar and Paying Agent, under such reasonable regulations as it may prescribe, shall register, exchange, transfer, or cause to be registered, exchanged or transferred, on the books of registry the Bonds as herein set forth. (ii) Any Bond may be exchanged at the office of the Registrar and Paying Agent for a like aggregate principal amount of such Bonds in other authorized principal amounts of the same interest rate and maturity. (iii) Any Bond may, in accordance with its terms, be transferred upon the books of registry by the registered owner in whose name it is registered, in person or by the duly authorized agent of such registered owner, upon surrender of such Bond to the Registrar and Paying Agent for cancellation, accompanied by a written instrument of transfer duly executed by the registered owner in person or the duly authorized agent of such registered owner, in form satisfactory to the Registrar and Paying Agent. (iv) All transfers or exchanges pursuant to this Section 4(c) shall be made without expense to the registered owners of the Bonds, except as otherwise herein provided, and except that the Registrar and Paying Agent shall require the payment by the registered owner of any Bond requesting such transfer or exchange of any tax or other governmental charges required to be paid with respect to such transfer or exchange. All Bonds surrendered pursuant to this Section 4(c) shall be cancelled. SECTION 5. Execution and Authentication of Bonds; CUSIP Identification Numbers. (a) Execution of Bonds. The Bonds shall be executed in the name of the County by the manual or facsimile signatures of the Chairman and the Clerk of the Board of Supervisors, and the corporate seal of the County shall be impressed, or a facsimile thereof printed, on the Bonds. (b) Authentication of Bonds. The County Administrator shall direct the Registrar and Paying Agent to authenticate the Bonds and no Bonds shall be valid or obligatory for any purpose unless and until the certificate of authentication endorsed on such Bond shall have been manually executed by the Registrar and Paying Agent. Upon the authentication of any Bond, the Registrar and Paying Agent shall insert in the certificate of authentication the 15-894 07/22/15 date as of which such Bond is authenticated as follows: (i) if the Bond is authenticated prior to the first interest payment date, the certificate shall be dated as of the date the Bonds are delivered to and paid for by the initial purchasers thereof, (ii) if the Bond is authenticated upon an interest payment date, the certificate shall be dated as of such interest payment date, (iii) if the Bond is authenticated on or after the record date for the payment of interest on the Bonds and prior to such interest payment date, the certificate shall be dated as of such interest payment date and (iv) in all other instances the certificate shall be dated the date upon which the Bond is authenticated. The execution and authentication of the Bonds in the manner above set forth is adopted as a due and sufficient authentication of the Bonds. (c) CUSIP Identification Numbers. CUSIP identification numbers may be printed on the Bonds, but neither the failure to print any such number on any Bonds, nor any error or omission with respect thereto, shall constitute cause for failure or refusal by the successful bidder for the Bonds to accept delivery of and pay for the Bonds in accordance with the terms of its bid to purchase the Bonds. No such number shall constitute or be deemed to be a part of any Bond or a part of the contract evidenced thereby and no liability shall attach to the County or any of its officers or agents because of or on account of any such number or any use made thereof. SECTION 6. Tax Covenant. To the extent it shall be contemplated at the time of their issuance that any Bonds issued hereunder shall be excludable from gross income for purposes of federal income taxation, the County covenants and agrees to comply with the provisions of Sections 103 and 141-150 of the Internal Revenue Code of 1986 and the applicable Treasury Regulations promulgated thereunder throughout the term of such Bonds. SECTION 7. Sources of Payment of Bonds. The full faith and credit of the County shall be and is hereby irrevocably pledged to the punctual payment of the principal of and interest on the Bonds as the same become due. In each year while the Bonds, or any of them, are outstanding and unpaid, this Board is authorized and required to levy and collect annually, at the same time and in the same manner as other taxes in the County are assessed, levied and collected, a tax upon all taxable property within the County, over and above all other taxes, authorized or limited by law and without limitation as to rate or amount, sufficient to pay when due the principal of and interest on the Bonds to the extent other funds of the County are not lawfully available and appropriated for such purpose. SECTION 8. Form of Bonds. The Bonds shall be in substantially the form set forth in Exhibit A with such necessary or appropriate variations, omissions and insertions as are incidental to their numbers, interest rates and maturities or as are otherwise permitted or required by law or this resolution. 15-895 07/22/15 9 9 9 SECTION 9. Preparation and Distribution of Preliminary Official Statement and Preparation, Execution and Delivery of Official Statement; Preliminary Official Statement "Deemed Final" for Purposes of Securities and Exchange Commission Rule 15c2-12. (a) The County Administrator and other appropriate officials and employees of the County are hereby authorized and directed to prepare and distribute, or cause to be prepared and distributed (via electronic dissemination or otherwise), to prospective purchasers of the Bonds a Preliminary Official Statement relating to the Bonds. All actions taken by the officials, employees, agents and attorneys of the County with respect to the preparation and distribution of such Preliminary Official Statement prior to the date hereof are hereby ratified and confirmed. (b) The County Administrator and other appropriate officials and employees of the County are hereby authorized and directed to prepare, or to cause to be prepared, a final Official Statement relating to the Bonds, such final Official Statement to be in substantially the form of the Preliminary Official Statement with the completion therein of the information with respect to the interest rates to be borne by the Bonds as specified by the successful bidder for the Bonds and other definitive details of the Bonds determined upon the sale of the Bonds to the successful bidder therefor. (c) The County Administrator is hereby authorized to execute and deliver to the representative of the purchasers of the Bonds the final Official Statement relating to the Bonds in accordance with the provisions of the Official Notice of Sale relating to the Bonds. (d) The Preliminary Official Statement shall be "deemed final" as of its date for purposes of Rule 15c2-12 promulgated by the Securities and Exchange Commission pursuant to the Securities Exchange Act of 1934 ("Rule 15c2-12") except for the omission of information permitted to be omitted by Rule 15c2-12. The County Administrator is hereby authorized to execute and deliver to the representative of the purchasers of the Bonds a certificate dated the date of the Preliminary Official Statement stating that the Preliminary Official Statement is deemed final by the County for purposes of Rule 15c2-12 as of its date. SECTION 10. Sale of Bonds. (a) There is hereby delegated to the County Administrator authority, without further action by the Board of Supervisors, to sell the Bonds authorized for issuance under this resolution in accordance with the provisions hereof at competitive sale at such price, and on such other terms and conditions as shall be provided in the Official Notice of Sale relating to the Bonds. The County Administrator is hereby authorized to cause to be prepared and disseminated (via electronic dissemination or otherwise) an Official Notice of Sale of the Bonds in such form and containing such terms and conditions as the County Administrator may deem advisable, subject to the provisions hereof. 15-896 07/22/15 (b) The County Administrator is hereby authorized to receive bids for the purchase of the Bonds and, without further action by the Board of Supervisors, to accept the bid offering to purchase the Bonds at the lowest true interest cost to the County, computed in accordance with the provisions of the Official Notice of Sale; provided (i) that such bid is in conformity with the Official Notice of Sale, (ii) that the true interest cost to the County as specified in such bid is not in excess of six percent (6.00%) and (iii) that any premium payable upon the optional redemption of the Bonds shall not exceed two percent (2.00%) and provided further that, prior to the acceptance of any bid, the County shall have received the good faith deposit specified in the Official Notice of Sale. The County Administrator is hereby further authorized to determine, or to modify the provisions of this resolution with respect to, the dated date of the Bonds, the interest payment dates for the Bonds, the dates on which the Bonds shall mature and the principal amount of the Bonds maturing on each such maturity date and to fix the rates of interest to be borne by the Bonds of each maturity as specified in the bid accepted by the County Administrator in accordance with the immediately preceding sentence. (c) The County Administrator is hereby further authorized to execute and deliver to the purchasers of the Bonds authorized for issuance under this resolution a Continuing Disclosure Certificate evidencing the County's undertaking, to comply with the continuing disclosure requirements of Paragraph (b)(5) of such Rule 15c2-12 to the extent applicable to the Bonds. (d) The County Administrator, the Director of Accounting and the County Attorney are hereby authorized to execute and deliver to the purchasers of the Bonds one or more certificates in the forms provided for in the Official Statement relating to the Bonds. SECTION 11. Authorization to Designate the Refunded Bonds for Redemption; Authorization to Select An Escrow Agent; Authorization to Enter into an Escrow Deposit Agreement; Authorization to Select a Verification Agent. (a) Subject to the sale and receipt of the proceeds of the Bonds, the County Administrator is hereby authorized to designate the Refunded Bonds for redemption on such date or dates as the County Administrator shall determine and is hereby further authorized to request the County Treasurer, as Registrar and Paying Agent for the Refunded Bonds, to cause the notice of the redemption of the Refunded Bonds to be given in accordance with the provisions of the proceedings authorizing the issuance of the Refunded Bonds. (b) The County Administrator is hereby authorized, in the discretion of the County Administrator, to select a bank or trust company to serve, or the County may itself serve, as Escrow Agent, if necessary, and to deliver to such Escrow Agent or applicable County officials irrevocable written instructions to give 15-897 07/22/15 1E 9 M notices, or to cause such notices to be given, in the name and on behalf of the County, to the holders of the Refunded Bonds of the redemption of such Refunded Bonds on the dates fixed for the redemption thereof, such notices to be given in the manner and at the time or times provided in proceedings authorizing the issuance of the Refunded Bonds. (c) The County Administrator is hereby authorized, in the discretion of the County Administrator, to execute and deliver an Escrow Deposit Agreement by and between the County and the Escrow Agent in such form as shall be approved by the County Administrator upon the advice of counsel (including the County Attorney or Bond Counsel), such approval to be conclusively evidenced by the execution of the Escrow Deposit Agreement by the County Administrator. (d) The County Administrator is hereby authorized to select a verification agent, if necessary, in connection with the refunding of the Refunded Bonds. SECTION 12. Authorization to Purchase Government Securities. The County Administrator or the County Treasurer is hereby authorized to execute, on behalf of the County, subscriptions for United States Treasury Obligations - State and Local Government Series, if any, to be purchased by the County in connection with the refunding of the Refunded Bonds. Such United States Treasury Obligations - State and Local Government Series, if any, so purchased shall be held by or on behalf of the County Treasurer or by the Escrow Agent under and in accordance with the provisions of any Escrow Deposit Agreement entered into in connection with the refunding of the Refunded Bonds. In addition, the County Administrator or the County Treasurer is hereby authorized to enter into such purchase agreements, including forward supply agreements, if any, as shall be required in connection with the refunding of the Refunded Bonds providing for the purchase by or on behalf of the County in the open market of noncallable obligations of, or unconditionally guaranteed by, the United States of America, any such obligations so purchased to be held by or on behalf of the County Treasurer or by the Escrow Agent under and in accordance with the provisions of any Escrow Deposit Agreement entered into in connection with the refunding of the Refunded Bonds. The County Administrator or the County Treasurer is hereby authorized to sell any securities held by the Escrow Agent under and in accordance with the provisions of the Escrow Deposit Agreement and to purchase securities in lieu of and in substitution therefor. SECTION 13. Filing of This Resolution. The County Attorney is hereby authorized and directed to file a copy of this resolution, certified by the Clerk of the Board of Supervisors to be a true and correct copy hereof, with the Circuit Court of the County of Chesterfield. 15-898 07/22/15 SECTION 14. Invalidity of Sections, Paragraphs, Clauses or Provisions. If any section, paragraph, clause or provision of this resolution shall be held invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph, clause or provision shall not affect any of the remaining portions of this resolution. SECTION 15. Headings of Sections. The headings of the sections of this resolution shall be solely for convenience of reference and shall not affect the meaning, construction, interpretation or effect of such sections or of this resolution. SECTION 16. Effective Date. This resolution shall take effect upon its adoption. EXHIBIT A UNITED STATES OF AMERICA COMMONWEALTH OF VIRGINIA COUNTY OF CHESTERFIELD GENERAL OBLIGATION PUBLIC IMPROVEMENT REFUNDING BOND, SERIES OF 20 REGISTERED No. R - N REGISTERED INTEREST RATE: MATURITY DATE DATE OF BOND: CUSIP NO. 20 20 REGISTERED OWNER: CEDE & CO. PRINCIPAL AMOUNT: The County of Chesterfield (hereinafter referred to as the "County"), a political subdivision of the Commonwealth of Virginia, for value received, hereby promises to pay to the Registered Owner (named above), or registered assigns, on the Maturity Date (specified above), unless this Bond shall have been duly called for previous redemption and payment of the redemption price shall have been duly made or provided for, the Principal Amount (specified above), and to pay interest on such Principal Amount on and semiannually on each _ and _ thereafter from the date hereof or from the interest payment date next preceding the date of authentication hereof to which interest shall have been paid, unless such date of authentication is an interest payment date, in which case from such interest payment date if interest has been paid to such date, or unless such date of authentication is within the period from the sixteenth (16th) day to the last day of the calendar month next preceding the following interest payment date, in which case from such interest payment date if interest has been paid to such date, until the payment of such Principal Amount (each such date is hereinafter referred to as an 15-899 07/22/15 9 9 interest payment date) at the Interest Rate (specified above) per annum, by check mailed by the Registrar and Paying Agent hereinafter mentioned to the Registered Owner in whose name this Bond is registered on the books of registry kept and maintained by the Registrar and Paying Agent, as of the close of business on the fifteenth (15th) day (whether or not a business day) of the calendar month next preceding each interest payment date; provided, however, that so long as this Bond is in book -entry only form and registered in the name of Cede & Co., as nominee of The Depository Trust Company ( "DTC") , or in the name of such other nominee of DTC as may be requested by an authorized representative of DTC, interest on this Bond shall be paid directly to Cede & Co. or such other nominee of DTC by wire transfer. Interest on this Bond shall be calculated on the basis of a 360 -day year comprised of twelve 30 -day months. The principal of this Bond is payable upon presentation and surrender hereof at the office of the County Treasurer of the County, in Chesterfield, Virginia (the "Registrar and Paying Agent"). The principal of and interest on this Bond are payable in such coin or currency of the United States of America as at the respective dates of payment is legal tender for public and private debts. This Bond is one of a duly authorized issue of Bonds (herein referred to as the "Bonds") of the aggregate principal amount of Dollars ($ ) of like date and tenor herewith, except for number, denomination, interest rate, maturity and redemption provisions, and is issued for the purpose of refunding and defeasing certain previously issued general obligation bonds of the County, under and pursuant to and in full compliance with the Constitution and statutes of the Commonwealth of Virginia, including Chapter 26 of Title 15.2 of the Code of Virginia, 1950 (the same being the Public Finance Act of 1991), and a resolution duly adopted by the Board of Supervisors of the County under the Public Finance Act of 1991. The Bonds of the issue of which this Bond is one maturing on and after (or portions thereof in installments of $5,000) shall be subject to redemption at the option of the County prior to their stated maturities on or after in whole or in part at any time, in such order as may be determined by the County (except that if at any time less than all of the Bonds of a given maturity are called for redemption, the particular Bond or portions thereof shall be selected by lot), at a redemption price equal to the principal amount thereof, together with the interest accrued on the principal amount to be redeemed to the date fixed for the redemption thereof. If this Bond is redeemable and this Bond (or any portion of the principal amount hereof in installments of $5,000) shall be called for redemption, notice of the redemption hereof, specifying the date, number and maturity of this Bond, the date and place or places fixed for its redemption and, if less than the entire principal amount of this Bond is to be redeemed, that this Bond must be surrendered in exchange for the principal amount hereof to be 15-900 07/22/15 redeemed and a new Bond or Bonds issued equaling in principal amount that portion of the principal amount hereof not to be redeemed, shall be mailed not less than thirty (30) days prior to the date fixed for redemption by first class mail, postage prepaid, to the Registered Owner of this Bond at the address of such Registered Owner as it appears on the books of registry kept by the Registrar and Paying Agent for the Bonds. The Registrar and Paying Agent shall not be required to exchange or transfer this Bond later than the close of business on the forty-fifth (45th) next day preceding the date fixed for redemption of this Bond or any portion hereof. If notice of the redemption of this Bond shall have been given as aforesaid, and payment of the principal amount of this Bond (or the portion of the principal amount hereof to be redeemed) and of the accrued interest payable upon such redemption shall have been duly made or provided for, interest hereon shall cease to accrue from and after the date so specified for redemption hereof. Any notice of the optional redemption of this Bond may state that it is conditioned upon there being on deposit with the County, or the Registrar and Paying Agent or other designated agent of the County, on the date fixed for the redemption hereof an amount of money sufficient to pay the redemption price of this Bond, together with the interest accrued thereon to the date fixed for the redemption hereof, and any conditional notice so given may be rescinded at any time before the payment of the redemption price of this Bond, together with the interest accrued thereon, is due and payable if any such condition so specified is not satisfied. If a redemption of this Bond does not occur after a conditional notice is given due to there not being on deposit with the County, or the Registrar and Paying Agent or other designated agent of the County, a sufficient amount of money to pay the redemption price of this Bond, together with the interest accrued thereon to the date fixed for the redemption hereof, the corresponding notice of redemption shall be deemed to be revoked. Subject to the limitations and upon payment of the charges, if any, provided in the proceedings authorizing the Bonds of the series of which this Bond is one, this Bond may be exchanged at the office of the Registrar and Paying Agent for a like aggregate principal amount of Bonds of the series of which this Bond is one, of other authorized principal amounts of the same interest rate and maturity. This Bond is transferable by the Registered Owner hereof, in person or by the attorney of such Registered Owner duly authorized in writing, at the office of the Registrar and Paying Agent but only in the manner, subject to the limitations and upon payment of the charges, if any, provided in the proceedings authorizing the Bonds of the series of which this Bond is one, and upon the surrender hereof for cancellation. Upon such transfer, a new Bond or Bonds of the series of which this Bond is one, of authorized denominations and of the same aggregate principal amount, will be issued to the transferee in exchange herefor. The full faith and credit of the County are irrevocably pledged to the punctual payment of the principal of and interest on this Bond as the same become due. In each year while this Bond is outstanding and unpaid, the Board of Supervisors is authorized and required to levy and collect annually, at the same time and in the same manner as other taxes in the County are assessed, levied and collected, a tax upon all taxable property within the County, over and above all other taxes, authorized or limited by law and without 15-901 07/22/15 9 9 limitation as to rate or amount, sufficient to pay when due the principal of and interest on this Bond to the extent other funds of the County are not lawfully available and appropriated for such purpose. This Bond shall not be valid or obligatory unless the certificate of authentication hereon shall have been manually signed by or on behalf of the Registrar and Paying Agent. It is hereby certified, recited and declared that all acts, conditions and things required to have happened, to exist and to have been performed precedent to and in the issuance of this Bond and the series of which it is one, do exist, have happened and have been performed in regular and due time, form and manner as required by law, and that this Bond and the Bonds of the series of which this Bond is one do not exceed any constitutional or statutory limitation of indebtedness. IN WITNESS WHEREOF, the County, by its Board of Supervisors, has caused this Bond to be executed by the manual or facsimile signature of the Chairman of such Board; a facsimile of the corporate seal of the County to be imprinted hereon, attested by the facsimile signature of the Clerk of such Board; and this Bond to be dated the date first above written. And, further, the Board adopted the following reimbursement resolution in connection with School referendum capital projects: RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF CHESTERFIELD, VIRGINIA, DECLARING ITS OFFICIAL INTENT TO REIMBURSE ITSELF FROM THE PROCEEDS OF ONE OR MORE ISSUES OF TAX-EXEMPT OBLIGATIONS FOR EXPENDITURES MADE OR TO BE MADE IN CONNECTION WITH THE ACQUISITION, CONSTRUCTION, RECONSTRUCTION, IMPROVING, EXTENDING, ENLARGING AND EQUIPPING OF CAPITAL SCHOOL IMPROVEMENT PROJECTS OF AND FOR THE COUNTY BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF CHESTERFIELD, VIRGINIA, AS FOLLOWS: SECTION 1. In accordance with Treasury Regulation Section 1.150-2 promulgated under the Internal Revenue Code of 1986, the County of Chesterfield, Virginia (the "County"), hereby declares that it reasonably expects and intends to reimburse itself from the proceeds of one or more issues of its tax-exempt obligations (collectively, the "tax-exempt obligations") in a principal amount of not to exceed $40,000,000 for moneys appropriated or to be appropriated by the Board of Supervisors of the County from time to time for expenditures in connection with capital school improvement projects of and for the County. SECTION 2. The adoption of this resolution shall constitute the declaration of an "official intent" by the County within the meaning of such term as defined in Treasury Regulation Section 1.150-2. This official intent is being made not later than sixty (60) days after the payment of any expenditures contemplated by Section 1 of this resolution to be reimbursed from the proceeds of the tax-exempt obligations of the County. SECTION 3. This resolution shall be effective from and after the date of its adoption. Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. 15-902 07/22/15 8.B.l.d. SUPPORTING THE APPLICATION FOR GRANT FUNDING FROM THE VIRGINIA LAND CONSERVATION FUND FOR ACQUISITION OF A SPECIAL PURPOSE PARK ALONG THE JAMES RIVER On motion of Mr. Holland, seconded by Mr. Warren, the Board adopted the following resolution supporting the application for grant funding from the Virginia Land Conservation Fund for acquisition of a special purpose park along the James River: WHEREAS, Chesterfield County considers it in the best interest of the public to apply for a Virginia Land Conservation Fund (VLCF) Grant to request funding for acquisition of a Special Purpose Park of approximately 109 acres along the James River; and WHEREAS, Chesterfield County supports the efforts of the Virginia Land Conservation Foundation for the protection or preservation of ecological, cultural or historical resources, lands for recreational purposes, state forest lands, and lands for threatened or endangered species, fish and wildlife habitat, natural areas, agricultural and forestall lands and open space; and WHEREAS, such acquisition will open this section of the river for public access; provide unique outdoor recreational opportunities for enjoyment of the river; provide general recreation for nature observation and other passive pursuits and provide conservation benefits through forested buffers which will protect tidal ecosystems; and WHEREAS, the VLCF Program requires that no fee simple property acquired by a public body with funds from the VLCF Program can be converted to a use different from that for which it was acquired without the approval of the VLCF Board of Trustees. NOW, THEREFORE, BE IT RESOLVED THAT: 1. The County Administrator, or his designee, be authorized to complete and submit the formal grant application to Virginia Land Conservation Fund, as administered by the Department of Conservation and Recreation, Commonwealth of Virginia for acquisition funding assistance; and 2. For the purposes of this grant round, the Virginia Land Conservation Fund will be providing, in accordance with the statute, grants for purchasing interests in real property for land conservation purposes; and 3. Chesterfield County hereby certifies that project match funding is appropriated and committed within parkland acquisition funding from the Parks and Recreation Capital Improvement Program (CIP); and 4. This resolution becomes part of a formal grant application to the VLCF. Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. 15-903 07/22/15 19 19 9 N 8.B.1.e. RECOGNIZING MRS. SHERRY ARIAIL, INTERNAL AUDIT DEPARTMENT, UPON HER RETIREMENT On motion of Mr. Holland, seconded by Mr. Warren, the Board adopted the following resolution: WHEREAS, Mrs. Sherry Ariail faithfully served Chesterfield County for over 15 years; and WHEREAS, Mrs. Ariail was hired as Administrative Assistant on November 15, 1999, to the County's Internal Audit Department; and WHEREAS, Mrs. Ariail progressed within the Internal Audit Department to Administrative Supervisor June 23, 2001, Staff Auditor March 15, 2003, and Senior Auditor July 1, 2006; and WHEREAS, Mrs. Ariail served with Directors Lou Lassiter, Mike Westfall, and the current Greg Akers; and WHEREAS, Mrs. Ariail was selected as Internal Audit's Employee of the Year in 2000 and 2009; and WHEREAS, Mrs. Ariail has served the county through her work on various audits and special projects, plus active participation on a variety of department and county -wide initiatives including: 2000 designed annual department "report card," 2001 founding member of Chesterfield University with 2002 graduation under the Total Quality Initiative, 2002 County Strategic Plan presentation assistance, 2003 Virginia Local Government Auditor's Association (VLGAA) website development, 2004 assisted county with bond referendum presentations, and planning for 2004 Association of Local Government Auditors (ALGA) Conference in Richmond; and WHEREAS, Mrs. Ariail obtained designation as a Certified Fraud Examiner (CFE) in April 2006; and WHEREAS, Mrs. Ariail helped implement the county's Fraud, Waste, and Abuse Hotline program in 2006, and successfully performed numerous investigations; and WHEREAS, Mrs. Ariail has promoted and encouraged high ethical standards for county employees; and WHEREAS, Mrs. Ariail has demonstrated versatility and skill providing quality customer service to both internal and external clients; and WHEREAS, Mrs. Ariail exhibited and encouraged a healthy lifestyle among co-workers through her dedication to daily exercise, healthy food choices, and the county's C -FIT program; and WHEREAS., Mrs. Ariail has participated in and served as Internal Audit's coordinator for various community service efforts including the county's annual United Way campaign, Management Services Quality Council (MSQC) community service 15-904 07/22/15 projects, road and trail clean-ups, BINGO at Lucy Corr Nursing Home, Chesterfield -Colonial Heights Alliance for Social Ministry (CCHASM), Meals on Wheels, the Christmas Mother, and Habitat for Humanity. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes the outstanding contributions of Senior Auditor Sherry Ariail, expresses the appreciation of all residents for her service to Chesterfield County and extends appreciation for her dedicated service to the county and congratulations upon her retirement, as well as best wishes for a long and happy retirement. Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. 8.B.2. REQUEST OF FRIENDS OF THE LIBRARY FOR APPROVAL TO SERVE ALCOHOLIC BEVERAGES AT MEADOWDALE LIBRARY FOR CHESTERFIELD COUNTY PUBLIC LIBRARY STAFF ART SHOW On motion of Mr. Holland, seconded by Mr. Warren, the Board approved the request of the Friends of the Library to serve alcoholic beverages at Meadowdale Library on August 8, 2015, for the Chesterfield County Public Library Staff Art Show, subject to the conditions. Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. 8.B.3. SET DATES FOR PUBLIC HEARINGS 8.B.3.a. TO CONSIDER AMENDMENTS TO THE COUNTY CODE TO REPLACE REFERENCES TO CHAPTER 19 WITH REFERENCES TO CHAPTER 19.1 On motion of Mr. Holland, seconded by Mr. Warren, the Board set August 26, 2015, as the date for a public hearing for the Board to consider amendments to the County Code to replace references to Chapter 19 with references to Chapter 19.1. Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. 8.B.3.b. TO CONSIDER AMENDMENTS TO THE COUNTY CODE RELATING TO SMALL CELL TECHNOLOGY On motion of Mr. Holland, seconded by Mr. Warren, the Board set August 26, 2015, as the date for a public hearing for the Board to consider amendments to the County Code relating to small cell technology. Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. 15-905 07/22/15 Fl� 9 9 8.B.4. AUTHORIZE THE RECEIPT AND APPROPRIATION OF GRANT FUNDS FROM THE FINANCIAL ASSISTANCE FOR EMERGENCY MEDICAL SERVICES GRANT PROGRAM, KNOWN AS THE RESCUE SQUAD ASSISTANCE FUND On motion of Mr. Holland, seconded by Mr. Warren, the Board authorized the Fire and EMS Department to receive and appropriate up to $143,290.50 in grant funds from the Financial Assistance for Emergency Medical Services Grant Program, known as the Rescue Squad Assistance Fund, for the purchase of a replacement ambulance. Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. 8.B.5. APPROVAL OF THE PURCHASE OF A PARCEL OF LAND FOR THE REPLACEMENT JOHNSON CREEK WASTEWATER PUMP STATION On motion of Mr. Holland, seconded by Mr. Warren, the Board approved the purchase of a parcel of land containing 7.0 acres, more or less, for $88,000, from W. Courtney Wells, Rodney L. Wells and Theresa M. Wells for the replacement Johnson Creek Wastewater Pump Station, and authorized the County Administrator to execute the sales contract and deed and appoint Mr. Matthew Easterbrook, Senior Engineer, Utilities Department, as the Board's agent for the conditional use application. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. 8.B.6. ACCEPTANCE OF PARCELS OF LAND 8.B.6.a. FOR THE EXTENSION OF MAGNOLIA GREEN PARKWAY FROM 6801 WOOLRIDGE ROAD-MOSELEY, LP On motion of Mr. Holland, seconded by Mr. Warren, the Board accepted the conveyance of six parcels of land containing a total of 12.613 acres for the extension of Magnolia Green Parkway from 6801 Woolridge Road -Moseley, LP, 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: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. 8.B.6.b. ALONG BRANDERMILL PARKWAY AND CENTERPOINTE PARKWAY FROM COMMONWEALTH FOUNDATION FOR CANCER RESEARCH On motion of Mr. Holland, seconded by Mr. Warren, the Board accepted the conveyance of three parcels of land containing a total of 0.117 acres along Brandermill Parkway and Centerpointe Parkway 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: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. 15-906 07/22/15 8.B.6.c. ALONG CHESTERFIELD AVENUE FROM VSU TROJAN DEVELOPMENT COMPANY, LLC On motion of Mr. Holland, seconded by Mr. Warren, the Board accepted the conveyance of eleven parcels of land containing a total of 0.114 acres along Chesterfield Avenue from VSU Trojan Development Company, LLC, and authorized the County Administrator to execute the deed. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. 8.B.7. REQUESTS FOR PERMISSION 8.B.7.a. FROM RONALD JAY BIRNBAUM AND CYNTHIA A. BIRNBAUM FOR A PROPOSED BOAT DOCK TO ENCROACH IN THE IMPOUNDMENT EASEMENT FOR SWIFT CREEK RESERVOIR On motion of Mr. Holland, seconded by Mr. Warren, the Board granted Ronald Jay Birnbaum and Cynthia A. Birnbaum permission for a proposed boat dock to encroach in the impoundment easement for Swift Creek Reservoir, subject to the execution of a license agreement. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. 8.B.7.b. FROM MARILYN T. BOTA FOR AN EXISTING AND PROPOSED BOAT DOCK TO ENCROACH IN THE IMPOUNDMENT EASEMENT FOR SWIFT CREEK RESERVOIR On motion of Mr. Holland, seconded by Mr. Warren, the Board granted Marilyn T. Bota 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: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. 8.B.7.c. FROM CLYDE D. CLARK AND CHERYL F. CLARK FOR A PROPOSED BOAT DOCK TO ENCROACH IN THE IMPOUNDMENT EASEMENT FOR SWIFT CREEK RESERVOIR On motion of Mr. Holland, seconded by Mr. Warren, the Board granted Clyde D. Clark and Cheryl F. Clark permission for a proposed boat dock to encroach in the impoundment easement for Swift Creek Reservoir, subject to the execution of a license agreement. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. 15-907 07/22/15 9 9 N 8.B.7.d. FROM HALLSLEY HOMEOWNERS ASSOCIATION FOR A DOCK, TEA HOUSE, DECK, TRAIL AND LANDSCAPING TO ENCROACH WITHIN A VARIABLE WIDTH STORM WATER MANAGEMENT BEST MANAGEMENT PRACTICE EASEMENT AND A TWENTY -FOOT SEWER EASEMENT ACROSS PROPERTY ON COLWYN BAY DRIVE On motion of Mr. Holland, seconded by Mr. Warren, the Board granted Hallsley Homeowners Association permission for a dock, tea house, deck, trail and landscaping to encroach within a variable width SWM/BMP easement and a 20 -foot sewer easement across property at 1801 Colwyn Bay Drive, subject to the execution of a license agreement. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. 8.B.7.e. FROM ORIN SKRETVEDT AND KATHLEEN SKRETVEDT FOR AN EXISTING AND PROPOSED BOAT DOCK TO ENCROACH IN THE IMPOUNDMENT EASEMENT FOR SWIFT CREEK RESERVOIR On motion of Mr. Holland, seconded by Mr. Warren, the Board granted Orin Skretvedt and Kathleen Skretvedt 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: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. 8.B.7.f. FROM EDWARD S. WAGGONER AND LISA M. WAGGONER FOR AN EXISTING WOODEN DECK, CONCRETE PATIO, RETAINING WALL AND SHED ON CINDER BLOCKS TO ENCROACH WITHIN A SIXTEEN -FOOT SEWER EASEMENT ACROSS LOT 24, SAINT JAMES WOODS, SECTION L On motion of Mr. Holland, seconded by Mr. Warren, the Board granted Edward S. Waggoner and Lisa M. Waggoner permission for an existing wooden deck, concrete patio, retaining wall and shed on cinder blocks to encroach within a 16 -foot sewer easement across Lot 24, St. James Woods, Section L, subject to the execution of a license agreement. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. 8.B.8. REQUESTS TO QUITCLAIM 8.B.8.a. A PORTION OF A VARIABLE WIDTH STORM WATER MANAGEMENT BEST MANAGEMENT PRACTICE EASEMENT ACROSS THE PROPERTY OF C AND G ASSOCIATES, L.L.C. On motion of Mr. Holland, seconded by Mr. Warren, 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 variable width SWM/BMP easement across the property of C and G Associates, L.L.C. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. 15-908 07/22/15 8.B.8.b. PORTIONS OF SIXTEEN -FOOT WATER EASEMENTS ACROSS THE PROPERTY OF RPI CHESTERFIELD, LLC On motion of Mr. Holland, seconded by Mr. Warren, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute a quitclaim deed to vacate portions of four 16' water easements across the property of RPI Chesterfield, LLC. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. 8.B.9. CONVEYANCE OF AN OPEN -SPACE EASEMENT TO THE VIRGINIA DEPARTMENT OF HISTORIC RESOURCES FOR THE PRESERVATION OF CASTLEWOOD On motion of Mr. Holland, seconded by Mr. Warren, the Board authorized the Chairman of the Board of Supervisors and County Administrator to execute an open -space easement for the preservation of Castlewood. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. 8.B.10. APPROVAL OF A CONTRACT FOR THE DONATION OF A PARCEL OF LAND TO THE COUNTY FOR THE CHESTER ARTS CENTER On motion of Mr. Holland, seconded by Mr. Warren, the Board approved a contract for the donation of a parcel of land for the Chester Arts Center for Chester Development Associates, LC and authorized the County Administrator to execute the contract and the deed. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. 8.B.11. CONVEYANCE OF EASEMENT TO VIRGINIA ELECTRIC AND POWER COMPANY FOR EPPINGTON PLANTATION On motion of Mr. Holland, seconded by Mr. Warren, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute an agreement with Virginia Electric and Power Company for a 15 -foot underground easement for Eppington Plantation. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. 15-909 07/22/15 PE 9 9 8.B.12. APPROVAL OF LEASE EXTENSION FOR THE TEMPORARY HULL STREET POLICE STATION On motion of Mr. Holland, seconded by Mr. Warren, the Board approved a two-year extension to the lease with Woodlake Retail, LLC, for 1500 square feet of office space at 6812 Woodlake Commons Loop for the temporary Hull Street Police Station and authorized the County Administrator to execute the lease extension. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. 8.B.13. APPROVAL OF PRIORITY LIST OF PRIMARY AND INTERSTATE TRANSPORTATION NEEDS On motion of Mr. Holland, seconded by Mr. Warren, the Board adopted the recommended priority list of primary, interstate, and other transportation needs; authorized sending the resolution and the adopted priority list of projects, to the Virginia Department of Transportation, Richmond District Commonwealth Transportation Board member and at -large urban member and the county's legislative delegations; requested a resolution of support from the Transportation Planning Organization for selected priority projects; and authorized staff to submit selected priority projects for HB2 funding. And, further, the Board adopted the following resolution of support for the priority projects: WHEREAS, the Chesterfield County Board of Supervisors, after careful consideration, has identified transportation improvements in the county to address problems impacting interstate and primary roads; and WHEREAS, the Commonwealth Transportation Board is responsible for allocating funding to specific highway projects, airports, seaports and public transportation. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors adopts the attached Priority List of Interstate, Primary and Other Transportation Needs. AND, BE IT FURTHER RESOLVED that the projects identified on the Priority List will be submitted to the Commonwealth Transportation Board for funding consideration. Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. 8.B.14. TRANSFER OF DISTRICT IMPROVEMENT FUNDS FROM THE CLOVER HILL DISTRICT IMPROVEMENT FUND TO THE DEPARTMENT OF ENVIRONMENTAL ENGINEERING TO REPAIR AND COMPLETE OAKLAKE CREST WAY On motion of Mr. Holland, seconded by Mr. Warren, the Board transferred $6,903 from the Clover Hill District Improvement Fund to the Department of Environmental Engineering to repair and complete Oaklake Crest Way in order to achieve state road acceptance. Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. 15-910 07/22/15 8.B.15. AUTHORIZATION FOR THE COUNTY ADMINISTRATOR TO EXECUTE THE SPECIAL PROJECT SERVICE AGREEMENT FOR MUNICIPAL SOLID WASTE COLLECTION SERVICES THROUGH THE CENTRAL VIRGINIA WASTE MANAGEMENT AUTHORITY On motion of Mr. Holland, seconded by Mr. Warren, the Board authorized the County Administrator to sign the special project service agreement with the Central Virginia Waste Management Authority (CVWMA) for municipal solid waste (MSW) collection services for qualified citizens enrolled in the tax relief program. Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. 8.B.16. REFER INTERIM SIGN ORDINANCE TO PLANNING COMMISSION FOR RECOMMENDATION On motion of Mr. Holland, seconded by Mr. Warren, the Board referred an interim sign ordinance to the Planning Commission for recommendation. Ayes: Elswick, Warren, Jaeckle, Holland 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 Mr. Holland, 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 Bayhill Pointe Section 19 (Effective 5/18/2015) Point Landing Court (Route 5470) - From Erika Marie Court (Route 7756) to Cul-de-sac 0.06 miles Point Landing Court (Route 5470) - From 0.03 miles northeast of Hill Creek Drive (Route 5016) to Erica Marie Court (Route 7756) 0.02 miles 15-911 07/22/15 9 9 Erica Marie Court (Route 7756) - From Point Landing Court (Route 5470) to Cul-de-sac 0.09 miles Mount Blanco Section 1 (Effective 5/19/2015) Lawn Drive (Route 7700) - From White Mountain Drive (Route 7698) to Mount Blanco Road (Route 886) 0.07 miles White Mountain Drive (Route 7698) - From Rotunda Lane (Route 7696) to Lawn Drive (Route 7700) 0.11 miles Declaration Avenue (Route 7699) - From North White Mountain Drive (Route 7695) to White Mountain Drive (Route 7698) 0.15 miles Rotunda Lane (Route 7696) - From North White Mountain Drive (Route 7695) to Rotunda Court (Route 7697) 0.08 miles Rotunda Lane (Route 7696) - From North White Mountain Drive (Route 7695) to End of Maintenance 0.01 miles North White Mountain Drive (Route 7695) - From Rotunda Lane (Route 7696) to Declaration Avenue (Route 7699) 0.13 miles White Mountain Drive (Route 7698) - From Declaration Avenue (Route 7699) to End of Maintenance 0.01 miles White Mountain Drive (Route 7698) - From Lawn Drive (Route 7700) to Declaration Avenue (Route 7699) 0.10 miles Rotunda Lane (Route 7696) - From Rotunda Court (Route 7697) to White Mountain Drive (Route 7698) 0.15 miles North White Mountain Drive (Route 7695) - From 0.05 miles east of N. Enon Church Road (Route 746) to to Rotunda Lane (Route 7696) 0.05 miles Declaration Avenue (Route 7699) - From North White Mountain Drive (Route 7695) to End of Maintenance 0.01 miles Rotunda Court (Route 7697) - From Rotunda Lane (Route 7696) to Cul-de-sac 0.09 miles Rotunda Lane (Route 7696) - From White Mountain Drive (Route 7698) to Cul-de-sac 0.04 miles 15-912 07/22/15 North White Mountain Drive (Route 7695) - From Declaration Avenue (Route 7699) to End of Maintenance 0.01 miles North White Mountain Drive (Route 7695) - From North Enon Church Road (Route 746) to 0.05 miles east of North Enon Church Road (Route 746) 0.05 miles The Villas at Dogwood Section A (Effective 5/19/2015) Dogwood Villas Drive (Route 7758) - From Dogwood Park Drive (Route 7757) to End of Maintenance 0.04 miles Dogwood Villas Drive (Route 7758) - From Cornus Avenue (Route 7759) to End of Maintenance 0.01 miles Dogwood Villas Drive (Route 7758) - From Dogwood Park Drive (Route 7757) to Cornus Avenue (Route 7759) 0.05 miles Cornus Avenue (Route 7759) - From Dogwood Villas Drive (Route 7758) to Cul-de-sac 0.18 miles Dogwood Park Drive (Route 7757) - From Hull Street Road (Route 360) to Dogwood Villas Drive (Route 7758) 0.04 miles Walkers Chase Section 3 at Foxcreek (Effective 5/18/2015) Walkers Chase (Route 7317) - From Fox Cantor Court (Route 7760) to Shotwell Terrace (Route 7761) 0.03 miles Red Setter Lane (Route 7323) - From 0.03 miles east of Lilting Branch Way (Route 7321) to Spaniel Run (Route 7762) 0.05 miles Red Setter Lane (Route 7323) - From Spaniel Run (Route 7762) to Walkers Chase (Route 7317) 0.07 miles Spaniel Run (Route 7762) - From Red Setter Lane (Route 7323) to Cul-de-sac 0.06 miles Lismar Mews (Route 7763) - From Red Setter Lane (Route 7323) to End of Maintenance 0.01 miles Walkers Chase (Route 7317) - From Shotwell Terrace (Route 7761) to Red Setter Lane (Route 7323) 0.07 miles Fox Cantor Court (Route 7760) - From Walkers Chase (Route 7317) to Cul-de-sac 0.05 miles 15-913 07/22/15 9 9 Walkers Chase (Route 7317) - From 0.04 miles east of Lilting Branch Way (Route 7321) to Fox Cantor Court (Route 7760) 0.03 miles Red Setter Lane (Route 7323) - From Walkers Chase (Route 7317) to End of Maintenance 0.01 miles Shotwell Terrace (Route 7761) - From Walkers Chase (Route 7317) to Cul-de-sac 0.10 miles Westerleigh - Broadmoor Road and Easter Road (Effective 5/18/2015) Broadmoor Road (Route 771) - From Broadmoor Road (Route 771) End of Maintenance to Easter Road (Route 7651) 0.11 miles Easter Road (Route 7651) - From Broadmoor Road (Route 771) to End of Maintenance 0.01 miles Easter Road (Route 7651) - From Broadmoor Road (Route 771) to Glensford Drive (Route 7764) 0.08 miles Glensford Drive (Route 7764) - From Easter Road (Route 7651) to End of Maintenance 0.01 miles Easter Road (Route 7651) - From Glensford Drive (Route 7764) to End of Maintenance 0.04 miles Westerleigh - Section 3 (Effective 5/19/2015) Ellerby Drive (Route 7765) - From Glensford Drive (Route 7764) to End of Maintenance 0.03 miles Glensford Drive (Route 7764) - From Ellerby Drive (Route 7765) to Cul-de-sac 0.05 miles Glensford Drive (Route 7764) - From 0.01 miles west of Easter Road (Route 7651) to Ellerby Drive (Route 7765) 0.14 miles Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. 10. FIFTEEN -MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED MATTERS Mr. Terry Skeens expressed concerns relative to his neighbor's tall grass and suggested changing the ordinance to incorporate fines for subsequent offenses. Mr. Holland expressed appreciation to Mr. Skeens for voicing his concerns and assured him he would look into the matter. Ms. Jaeckle stated she believes the county hires a contractor to mow the homeowner's lawn and then bills the homeowner. Mr. Skeens expressed concerns with the grace period granted to the homeowner and subsequent offenses thereafter. Mr. Elswick directed the County Administrator to address Mr. Skeen's concerns. 15-914 07/22/15 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)(5), CODE OF VIRGINIA, 1950, AS AMENDED, TO DISCUSS A PROSPECTIVE BUSINESS OR INDUSTRY WHERE NO PREVIOUS ANNOUNCEMENT HAS BEEN MADE OF THE BUSINESS' OR INDUSTRY'S INTEREST IN LOCATING FACILITIES IN THE COMMUNITY On motion of Mr. Holland, 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)(5), Code of Virginia, 1950, as amended, to discuss a prospective business or industry where no previous announcement has been made of the business' or industry's interest in locating facilities in the community. Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. Reconvening: On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board adopted the following resolution: WHEREAS, the Board of Supervisors has this day adjourned into Closed Session in accordance with a formal vote of the Board and in accordance with the provisions of the Virginia Freedom of Information Act; and WHEREAS, the Virginia Freedom of Information Act effective July 1, 1989 provides for certification that such Closed Session was conducted in conformity with law. NOW, THEREFORE BE IT RESOLVED, the Board of Supervisors does hereby certify that to the best of each member's knowledge, i) only public business matters lawfully exempted from open meeting requirements under the Freedom of Information Act were discussed in 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. Holland: Aye. Ms. Jaeckle: Aye. Mr. Gecker: Aye. Mr. Warren: Aye. Mr. Elswick: Aye. 15-915 07/22/15 9 1E 9 12. DINNER On motion of Mr. Holland, seconded by Mr. Warren, the Board recessed to dinner at the Eanes-Pittman Public Safety Training Center with World War II veterans. Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. Reconvening: 13. INVOCATION/MOMENT OF SILENCE The Honorable Stephen Elswick, Chairman, Board of Supervisors, gave the invocation. 14. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Eagle Scout Matthew Davis led the Pledge of Allegiance to the Flag of the United States of America. 15. RESOLUTIONS 15.A. RECOGNIZING MR. MATTHEW KENAN DAVIS UPON ATTAINING THE RANK OF EAGLE SCOUT Ms. Chris Ruth introduced Mr. Matthew Kenan Davis, who was present to receive the resolution. On motion of Mr. Elswick, 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. Matthew Kenan Davis, Troop 876, sponsored by Mt. Pisgah United Methodist 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 15-916 07/22/15 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, Matthew 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 22nd day of July 2015, publicly recognizes Mr. Matthew Kenan Davis, 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: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. Mr. Gecker presented the executed resolution and patch to Mr. Davis, accompanied by his family, congratulated him on his outstanding achievements and wished him well in future endeavors. Mr. Davis, accompanied by his family, provided details of his Eagle Scout project and expressed appreciation to his family and friends for their support. 15.B. RECOGNIZING ASSISTANT FIRE CHIEF ARCHER "LEE" WILLIAMS UPON HIS RETIREMENT Chief Senter introduced Assistant Fire Chief Archer "Lee" Williams, who was present to receive the resolution. On motion of Mr. Holland, seconded by Mr. Warren, the Board adopted the following resolution: WHEREAS, Assistant Fire Chief Lee Williams retired from the Chesterfield Fire and Emergency Medical Services Department, Chesterfield County, on July 1, 2015; and WHEREAS, Assistant Chief Williams attended Recruit School #15 in 1984, and has faithfully served the county for nearly 31 years in various assignments; as a firefighter at the Manchester, Dale, and Chester Fire and EMS Stations; and WHEREAS, Assistant Chief Williams was promoted to Sergeant in March 1987, serving at the Bensley Fire and EMS Station; and promoted to lieutenant in June 1988, serving at the Ettrick and Bensley Fire and EMS Stations; and promoted to captain in January 1990, and later classified as a sr. captain assigned as the "A" Shift Administrative Officer; and WHEREAS, Assistant Chief Williams was promoted to battalion chief in July 1994, serving on both "A" and "B" Shifts, as well as assigned to the Logistics Division; and WHEREAS, Assistant Chief Williams was later assigned as the "C" Shift Commander, and was promoted to assistant fire chief in January 2013, assigned to "B" Shift; and 15-917 07/22/15 9 1E 9 WHEREAS, Assistant Chief Williams was recognized as both the Recruit Firefighter of the Year in 1984 and as the Firefighter of the Year in 1986; and WHEREAS, Assistant Chief Williams has been a member of the Hazardous Materials Team since 1985, and a member of the Technical Rescue Team from 1990-1994; and II WHEREAS, Assistant Chief Williams began serving as an advanced life support provider in 1993 as a cardiac technician, and a paramedic in 1999; and was recognized with EMS Lifesave awards in 1999 and 2000 for providing critical lhw I care which saved several citizens' lives; and WHEREAS, Assistant Chief Williams was recognized with Unit Citations as an effective team leader at a technical rescue team incident in 2006, and at a structure fire involving five trapped citizens in 2007; and WHEREAS, Assistant Chief Williams represented Chesterfield County as the Operations Section Chief in St. Bernard's Parish, Louisiana following Hurricane Katrina in 2005 and learned the value of Incident Management Teams and brought that concept to Central Virginia by spearheading the establishment of the Central Virginia All Hazards Incident Management Team in 2009, serving as the program manager since 2009, successfully obtaining over $1.3 million in grants to support the team, and representing Chesterfield County by becoming a nationally recognized speaker on Leadership and Incident Management Teams; and 11 WHEREAS, Assistant Chief Williams has been recognized as an innovative, results -driven leader while implementing various programs for Chesterfield Fire and EMS to help establish Chesterfield Fire and EMS as a premier Fire Department at the regional, state, and national levels including the use of long-term purchasing contracts and the use of cash discounts to be more fiscally responsible in large purchases, the use of large diameter hose, the use of Class A foam for initial fire attack, the use of pumps on ladder trucks to provide more efficient apparatus, the expansion of automatic aid agreements with surrounding jurisdictions to reduce response times, and the establishment of the Central Virginia All Hazards Incident Management Team to provide shared resources in our region; and WHEREAS, Assistant Chief Williams has been recognized as a strong proponent of education, completing his Associate's Degree in Fire Science, Bachelor's Degree in Public Administration, and Graduate Certificate in Disaster Science. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 22nd day of July 2015, publicly recognizes the contributions of Assistant Fire Chief A. Lee Williams, 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. 15-918 07/22/15 AND, BE IT FURTHER RESOLVED that a copy of this resolution be presented to Assistant Chief Williams, and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. Mr. Elswick presented the executed resolution to Chief Williams, expressed appreciation for his years of service to the county and wished him well in his retirement. Ms. Jaeckle, Mr. Gecker, Mr. Holland and Mr. Warren all commended Chief Williams for his loyal and dedicated service to the county and wished him a long and enjoyable retirement. Chief Williams, accompanied by members of his family, expressed his sincere appreciation to the Board for the special recognition and kind sentiments. Mr. Stegmaier presented Chief Williams with an acrylic statue and county watch, congratulated him on his retirement and expressed appreciation for his outstanding service to the county. 15.C. RECOGNIZING MS. DEBRA G. FOLSTER, PARKS AND RECREATION DEPARTMENT, UPON HER RETIREMENT Mr. Golden introduced Ms. Debra G. Folster, who was present to receive the resolution. On motion of Mr. Gecker, seconded by Ms. Jaeckle, the Board adopted the following resolution: WHEREAS, Ms. Debra G. Folster will retire from the Chesterfield County Department of Parks and Recreation, as an Administrative Supervisor effective August 1, 2015, with 39 years of service; and WHEREAS, Ms. Folster began as a part-time clerk at the Library Headquarters in 1976 and then in March 1978, was promoted to a full-time circulation Clerk at the Central Library and in July 1978, she became the Secretary to the Director at Parks and Recreation and became known as part of the "Original 5" employees with Parks and Recreation; and WHEREAS, Ms. Folster has been recognized for her exceptional leadership to TQI as a certified team facilitator, key resource staff member, and was awarded the Quality Leader Award; and WHEREAS, Ms. Folster has participated in Santa's Calling, United Way, Legendary Christmas, Chesterfield Salutes Its Own and the Chesterfield Hall of Fame Committee, as well as served on various interview selection panels; and WHEREAS, Ms. Folster has worked with the National Recreation and Parks Association Southern Regional Conference and the Virginia Recreation and Park Society Conference; and 15-919 07/22/15 19 9 9 WHEREAS, Ms. Folster has received numerous letters of appreciation for swift response, excellent team work, organization skills, artistic contribution and committee leadership and was named January 1989 Employee of the Month; and WHEREAS, Ms. Folster has also received letters of appreciation for her contribution with staff to the Strategic Planning and Budget Work Session, research and assistance in developing the department Employee Recognition Program and was instrumental in its success; and WHEREAS, as Administrative Supervisor, Ms. Folster has efficiently and professionally administered personnel -related policies and actions annually for 300 -plus full-time and part-time staff in the Parks and Recreation Department; and WHEREAS, Ms. Folster's unending enthusiasm, hard work and fun -loving nature has given many employees within the Parks and Recreation Department, as well as other county departments, endless moments to remember all while stressing the importance of the value of a dedicated employee; and WHEREAS, Ms. Folster will be greatly missed by her co- workers, supervisors, and the citizens of Chesterfield County, who she has so expertly served. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 22nd day of July 2015, recognizes the outstanding contributions of Ms. Debra G. Folster, expresses the appreciation of all residents for her 39 years of service to Chesterfield County, and extends appreciation for her dedicated service to the county and congratulations upon her retirement, as well as best wishes for a long and happy retirement. AND, BE IT FURTHER RESOLVED that a copy of this resolution be presented to Ms. Folster and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. Mr. Elswick presented the executed resolution to Ms. Folster and highly praised her for her loyal service to the county, for her unending enthusiasm, hard work and fun -loving nature and wished her well in her retirement. Mr. Gecker, Ms. Jaeckle, Mr. Holland and Mr. Warren all extended their appreciation for Ms. Folster's devoted service to the county, congratulated her upon her retirement, and offered best wishes for a long and happy retirement. Mr. Stegmaier presented Ms. Folster with an acrylic statue and county watch, congratulated her on her retirement and expressed appreciation for her exceptional service to the county. 15-920 07/22/15 Ms. Folster, accompanied by members of her family, expressed her sincere appreciation to the Board for the special recognition and kind sentiments. Mr. Elswick recognized members of the Parks and Recreation Department, who were in attendance. 16. FIFTEEN -MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED MATTERS There were no requests to address the Board at this time. 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 ��sNni�2 (AMENDED) In Dale Magisterial District, Chesterfield Business Partners LLC and Kingsland Towncenter LLC request amendment of conditional use (Cases 06SNO237 and 07SN0226) to reduce cash proffers and amendment of zoning district map in a Community Business (C-3) District on 101 acres fronting the west line of Iron Bridge Road and the north and south lines of Kingsland Glen Drive. Density will be controlled by zoning conditions or ordinance standards. The Comprehensive Plan suggests the property is appropriate for Community Business and Industrial uses. Tax IDs 771-676-6355; 771-678-2064; 772- 676-1177 and 2999; and 772-677-3568. Mr. Turner stated the applicant is requesting a deferral to the September 16, 2015 regularly scheduled meeting. Mr. Jack Wilson, representing the applicant, accepted the deferral. Mr. Elswick called for public comment. No one came forward to speak to the deferral. On motion of Mr. Holland, seconded by Mr. Warren, the Board deferred Case 13SNO132 until September 16, 2015. Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. ISHP0145 In Dale Magisterial District, John Vest and Ruth Cristene Vest request historic landmark designation for the Edgewood House (structure only) in a Residential (R-15) District on 1.4 acres known as 5436 Hopkins Road. Density will be controlled by zoning conditions or ordinance standards. The Comprehensive Plan suggests the property is appropriate for Suburban Residential II use (2.0 to 4.0 dwellings per acre). Tax ID 780-688-6823. 15-921 07/22/15 F] Mr. Turner stated staff is requesting a deferral to the August 26, 2015 regularly scheduled meeting. Mr. and Mrs. Vest accepted the deferral. Mr. Elswick called for public comment. No one came forward to speak to the deferral. On motion of Mr. Holland, seconded by Mr. Warren, the Board deferred Case 15HP0145 until August 26, 2015. Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. 1gcunA!)A In Clover Hill Magisterial District, Vernon McClure requests amendment of zoning (Case 06SN0174) to reduce cash proffers and amendment of zoning district map in a Residential (R-12) District on 10.2 acres located at the northern terminus of Temie Lee Parkway at St. Elizabeth Drive. Density will be controlled by zoning conditions or ordinance standards. The Comprehensive Plan suggests the property is appropriate for Suburban Residential I use (maximum of 2.0 dwellings per acre). Tax ID 724-672-7670 and 8479; 724-673-6017. Mr. Turner presented a summary of Case 15SN0626 and stated both the Planning Commission and staff recommended approval and acceptance of the proffered condition. Mr. Andy Scherzer, representing the applicant, accepted the recommendation. Mr. Elswick called for public comment. There being no one to address the request, the public hearing was closed. On motion of Mr. Warren, seconded by Mr. Holland, the Board approved Case 15SN0626 and accepted the following proffered condition: With the approval of this request, Proffered Condition 2 of Case 06SN0174 shall be amended as outlined below. All other conditions of Case 06SN0174 shall remain in force and effect. Cash Proffer. For each dwelling unit, the applicant, sub -divider, or assignee(s) shall pay the following to the County of Chesterfield, prior to the issuance of a building permit for infrastructure improvements within the cash proffer service district for the property, unless state law prevents enforcement of that timing: A. $18,966.00 per dwelling unit for the period beginning the July 1 preceding the Board of Supervisors' approval of the case through July 1 four years later, at which point the amount will be adjusted for the cumulate change in the Marshall and Swift Building Cost Index during that time period. 15-922 07/22/15 B. Thereafter, the per dwelling unit cash proffer amount shall be automatically adjusted, annually, by the annual change in the Marshall and Swift Building Cost Index on July 1 of each year. C. Cash proffer payments shall be spent for the purposes proffered or as otherwise permitted by law. (B) Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. 15SN0632 In Bermuda Magisterial District, D. K. Walters Builder Inc. requests amendment of zoning (Case 06SN0158) to reduce cash proffers and amendment of zoning district map in a Residential (R-12) District on 1.8 acres fronting 290 feet on the south line of Osborne Road, across from Holly Hill Road. Density will be controlled by zoning conditions or ordinance standards. The Comprehensive Plan suggests the property is appropriate for Residential use (2.5 dwellings per acre or less). Tax IDs 794-657-7210, 8115 and 8920. Mr. Turner presented a summary of Case 15SN0632 and stated both the Planning Commission and staff recommended approval and acceptance of the one proffered condition. Mr. Dan Walters accepted the recommendation. Mr. Elswick called for public comment. There being no one to address the request, the public hearing was closed. On motion of Ms. Jaeckle, seconded by Mr. Gecker, the Board approved Case 15SN0632 and accepted the proffered condition. Mr. Elswick expressed concerns relative to the Board hearing the case twice and the issue of the applicant lowering the proffers with the inclusion of certain quality initiatives, which have now been eliminated. In response to Mr. Elswick's question, Mr. Turner stated the applicant removed the proffers relative to house size, building materials and design. In response to Mr. Gecker's question, Mr. Turner noted the exterior facades that were previously offered and subsequently withdrawn by the applicant. Mr. Elswick stated he understands that the case is now equal to all the other cases where an applicant can lower their proffers to the Board's maximum cash proffer of $18,966; however, in this particular situation the infill area is concerning to him. 15-923 07/22/15 9 9 M In response to Mr. Gecker's question, Mr. Turner stated the applicant withdrew the condition relative to foundations, which stated the exposed portion of any foundation shall be brick or stone. He further stated the conditions relative to exterior facades, roof material, porches and minimum house size were also excluded. In response to Mr. Holland's question, Mr. Turner stated the condition relative to roof material has been withdrawn. He further stated what has been offered for the Board's consideration is the one proffered condition that relates strictly and solely to the cash proffer. He noted proffered conditions previously offered have subsequently been withdrawn by the applicant. Ms. Jaeckle stated after the applicant's case was deferred by the Board, the applicant discussed with staff the conditions that would be approved, and modified his request accordingly. In response to Mr. Gecker's question, Mr. Turner stated there are many cases that are negotiated with the community and the Planning Commission that set basic standards to include brick foundations; however, there are also cases that come forward with no proffered quality elements and only offer the cash proffer. He noted staff is always concerned about the quality and the sustainability of the community. He stated the condition to include brick foundation was withdrawn by the applicant based upon the Board's action last month. Mr. Elswick called for a vote on Ms. Jaeckle's motion, seconded by Mr. Gecker, for the Board to approve Case 15SN0632 and accept the following proffered condition: With the approval of this case, Proffered Condition 5 of Case 06SN0158 shall be amended as follows: (STAFF) 1. Cash Proffers: For each dwelling unit, the applicant, sub -divider, or assignee(s) shall pay the following to the County of Chesterfield, prior to the issuance of a building permit for infrastructure improvements within the cash proffer service district for the property, unless state law prevents enforcement of that timing: a. $18,966 per dwelling unit for the period beginning the July 1 preceding the Board of Supervisors' approval of the case through July 1 four years later, at which point the amount will be adjusted for the cumulate change in the Marshall and Swift Building Cost index during that time period. b. Thereafter, the per dwelling unit cash proffer amount shall be automatically adjusted, annually, by the annual change in the Marshall and Swift Building Cost Index on July 1 of each year. C. Cash proffer payments shall be spent for the purposes proffered or as otherwise permitted by law. (B&M) (STAFF NOTE: Except as amended herein, all previous conditions of zoning approved in Case 06SN0158 shall remain in full force and effect.) Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. 15-924 07/22/15 15SNO162 In Bermuda Magisterial District, Steven and Karen Morgan request renewal of a temporary manufactured home permit (Case 08SN0209) to permit a temporary manufactured home and amendment of zoning district map in a Residential (R-7) District on .3 acre known as 10110 Brightwood Avenue. Density is approximately 3.3 units per acre. The Comprehensive Plan suggests the property is appropriate for Residential use (2.51 to 4.0 units per acre). Tax ID 793-666-8706. Mr. Turner presented a summary of Case 15SNO162 and stated both the Planning Commission and staff recommended approval subject to the conditions. Mr. Steven Morgan accepted the conditions. Mr. Elswick called for public comment. There being no one to address the request, the public hearing was closed. Ms. Jaeckle commended Mr. Morgan on the excellent condition of his property. Ms. Jaeckle then made a motion, seconded by Mr. Warren, for the Board to approve Case 15SN0162, subject to the following conditions: 1. The applicant shall be the owner and occupant of the manufactured home. (P) 2. No additional permanent -type living space, other than the existing addition, may be added onto this manufactured home. This manufactured home shall be skirted but shall not be placed on a permanent foundation. (P) Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. 15SNO619 In Midlothian Magisterial District, Kenneth Jones requests conditional use planned development to permit a temporary modular office unit and amendment of zoning district map in a Community Business (C-3) District on 2.9 acres known as 219 Turner Road. Density will be controlled by zoning conditions or ordinance standards. The Comprehensive Plan suggests the property is appropriate for Regional Mixed use. Tax ID 762- 705-8571. Mr. Turner presented a summary of Case 15SNO619 and stated both the Planning Commission and staff recommended approval and acceptance of the proffered conditions. Mr. Kenneth Jones accepted the recommendation. Mr. Elswick called for public comment. 15-925 07/22/15 PE 9 F] There being no one to address the request, the public hearing was closed. On motion of Mr. Gecker, seconded by Ms. Jaeckle, the Board approved Case 15SN0619 and accepted the following proffered conditions: 1. Non -Transferable Ownership: This Conditional Use Planned Development shall be granted to and for the Kenneth Jones exclusively, and shall not be transferable nor run with the land. (P) 2. Landscaping: Three (3) evergreen trees shall be planted and maintained along the side property line, as shown on Exhibit A. These plantings shall be: a. A minimum of six (6) feet tall at time of planting; b. Planted ten (10) feet on center; C. Installed within sixty (60) days from the approval date of this request. (P) 3. Exterior Maintenance of Temporary Modular Unit: The painted exterior of the temporary modular unit shall be maintained so as to be free of deterioration such as peeling, graffiti, or a faded appearance. Any repainting of the exterior shall be done in a color that is approved by the Planning Department. (P) 4. Signage: No exterior signage may be placed on the temporary modular unit. (P) 5. Time Limitation: This Conditional Use Planned Development shall be granted for a period not to exceed five (5) years from date of approval. (P) Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. 15SN0637 In Matoaca Magisterial District, Rebecca Hunter - NewPath Networks LLC requests conditional use to permit a communications tower and amendment of zoning district map in a Residential (R-7) District on .1 acre in the public right- of-way in front of 3304 Lee Street. Density will be controlled by zoning conditions or ordinance standards. The Comprehensive Plan suggests the property is appropriate for Institutional use. In the vicinity of Tax ID 796-611-6716. Mr. Turner presented a summary of Case 15SN0637, Case 15SN0638, Case 15SN0639 and Case 15SN0640 and stated both the Planning Commission and staff recommended approval subject to the conditions on all four cases. Mr. Jeremy Tomlin, representing the applicant, accepted the conditions relative to all four cases. Mr. Elswick called for public comment on all four cases. 15-926 07/22/15 There being no one to address the requests, the public hearing was closed. On motion of Mr. Elswick, seconded by Mr. Holland, the Board approved Case 15SN0637 and accepted the following conditions: 1. There shall be no signs permitted to identify this use other than those required by applicable law and regulation. (P) 2. The color, design and lighting system for the communications tower (small cell/data node antenna) shall be as follows: a. The communications tower shall be a small cell/data node antenna mounted onto the top of a utility (light) pole, generally as located on Attachment 3 and designed on Attachment 2. Such street light or utility pole shall be a minimum of twenty (20) feet in height. b. The components of the small cell equipment shall have a durable finish color that matches the utility pole upon which it is located, as approved by the Planning Department. The finish color shall be maintained to address fading, flaking, or other finish issues, as determined by the Planning Department, to include matching any repainting of the utility structure upon which it is mounted. C. The communications tower (small cell/data node antenna) shall not be lighted. d. Antenna and mounting device together do not exceed a height of ten (10) feet above the pole/structure. e. A maximum of one (1) antenna is located on the pole. f. Pole -mounted mechanical equipment shall not exceed seven (7) cubic feet in size. g. Antenna does not exceed a diameter of 16 inches. (P) 3. Other than the small cell/data node antenna, any ground - mounted mechanical equipment shall comply with the Zoning Ordinance relative to screening of mechanical equipment in O, C and I Districts. (P) (STAFF NOTE: The Zoning Ordinance requires the screening of mechanical equipment located on a building or ground from adjacent properties and public rights of way.) 4. Prior to use of this communications tower (small cell/data node antenna), the owner of the communications tower (small cell/data node antenna) shall obtain approval of the structural integrity of the light/utility pole by a registered professional engineer licensed in Virginia and a copy of the report filed with the Planning Department. (P) 5. Antenna and equipment shall be removed after three (3) consecutive months of non-use. (P) Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. 15-927 07/22/15 9 15SN0638 In Matoaca' Magisterial District, Rebecca Hunter - NewPath Networks LLC requests conditional use to permit a communications tower and amendment of zoning district map in a Residential (R-7) District on .1 acre in the public right- of-way in front of 3001 E. River Road. Density will be controlled by zoning conditions or ordinance standards. The Comprehensive Plan suggests the property is appropriate for Institutional use. In the vicinity of Tax ID 797-611-8599. On motion of Mr. Elswick, seconded by Ms. Jaeckle, the Board approved Case 15SN0638, subject to the following conditions: 1. There shall be no signs permitted to identify this use other than those required by applicable law and regulation. (P) 2. The color, design and lighting system for the communications tower (small cell/data node antenna) shall be as follows: a. The communications tower shall be a small cell/data node antenna mounted onto the top of a utility (light) pole, generally as located on Attachment 3 and designed on Attachment 2. Such street light or utility pole shall be a minimum of twenty (20) feet in height. b. The components of the small cell equipment shall have a durable finish color that matches the utility pole upon which it is located, as approved by the Planning Department. The finish color shall be maintained to address fading, flaking, or other finish issues, as determined by the Planning Department, to include matching any repainting of the utility structure upon which it is mounted. C. The communications tower (small cell/data node antenna) shall not be lighted. d. Antenna and mounting device together do not exceed a height of ten (10) feet above the pole/structure. e. A maximum of one (1) antenna is located on the pole. f. Pole -mounted mechanical equipment shall not exceed seven (7) cubic feet in size. g. Antenna does not exceed a diameter of 16 inches. (P) 3. Other than the small cell/data node antenna, any ground - mounted mechanical equipment shall comply with the Zoning Ordinance relative to screening of mechanical equipment in O, C and I Districts. (P) 15-928 07/22/15 (STAFF NOTE: The Zoning Ordinance requires the screening of mechanical equipment located on a building or ground from adjacent properties and public rights of way.) 4. Prior to use of this communications tower (small cell/data node antenna), the owner of the communications tower (small cell/data node antenna) shall obtain approval of the structural integrity of the light/utility pole by a registered professional engineer licensed in Virginia and a copy of the report filed with the Planning Department. (P) 5. Antenna and equipment shall be removed after three (3) consecutive months of non-use. (P) Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. 15SN0639 In Matoaca Magisterial District, Rebecca Hunter - NewPath Networks LLC requests conditional use to permit a communications tower and amendment of zoning district map in a Neighborhood Business (C-2) District on .1 acre in the public right-of-way in front of 21006 Chesterfield Avenue. Density will be controlled by zoning conditions or ordinance standards. The Comprehensive Plan suggests the property is appropriate for Residential Mixed use. In the vicinity of Tax ID 795-611-6171. On motion of Mr. Elswick, seconded by Mr. Warren, the Board approved Case 15SN0639, subject to the following conditions: 1. There shall be no signs permitted to identify this use other than those required by applicable law and regulation. (P) 2. The color, design and lighting system for the communications tower (small cell/data node antenna) shall be as follows: a. The communications tower shall be a small cell/data node antenna mounted onto the top of a utility (light) pole, generally as located on Attachment 3 and designed on Attachment 2. Such street light or utility pole shall be a minimum of twenty (20) feet in height. b. The components of the small cell equipment shall have a durable finish color that matches the utility pole upon which it is located, as approved by the Planning Department. The finish color shall be maintained to address fading, flaking, or other finish issues, as determined by the Planning Department, to include matching any repainting of the utility structure upon which it is mounted. C. The communications tower (small cell/data node antenna) shall not be lighted. 15-929 07/22/15 9 9 M 14 d. Antenna and mounting device together do not exceed a height of ten (10) feet above the pole/structure. e. A maximum of one (1) antenna is located on the pole. f. Pole -mounted mechanical equipment shall not exceed seven (7) cubic feet in size. g. Antenna does not exceed a diameter of 16 inches. (P) 3. Other than the small cell/data node antenna, any ground - mounted mechanical equipment shall comply with the Zoning Ordinance relative to screening of mechanical equipment in O, C and I Districts. (P) (STAFF NOTE: The Zoning Ordinance requires the screening of mechanical equipment located on a building or ground from adjacent properties and public rights of way.) 4. Prior to use of this communications tower (small cell/data node antenna), the owner of the communications tower (small cell/data node antenna) shall obtain approval of the structural integrity of the light/utility pole by a registered professional engineer licensed in Virginia and a copy of the report filed with the Planning Department. (P) 5. Antenna and equipment shall be removed after three (3) consecutive months of non-use. (P) Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. 19QNnA4n In Matoaca Magisterial District, Rebecca Hunter - NewPath Networks LLC requests conditional use to permit a communications tower and amendment of zoning district map in a Residential (R-7) District on .1 acre in the public right- of-way in front of 20700 James Street. Density will be controlled by zoning conditions or ordinance standards. The Comprehensive Plan suggests the property is appropriate for Neighborhood Business use. In the vicinity of Tax ID 795-613- 2631. On motion of Mr. Elswick, seconded by Mr. Warren, the Board approved Case 15SN0640, subject to the following conditions: 1. There shall be no signs permitted to identify this use other than those required by applicable law and regulation. (P) 2. The color, design and lighting system for the communications tower (small cell/data node antenna) shall be as follows: a. The communications tower shall be a small cell/data node antenna mounted onto the top of a utility (light) pole, generally as located on Attachment 3 and designed on Attachment 2. Such street light or utility pole shall be a minimum of twenty (20) feet in height. 15-930 07/22/15 b. The components of the small cell equipment shall have a durable finish color that matches the utility pole upon which it is located, as approved by the Planning Department. The finish color shall be maintained to address fading, flaking, or other finish issues, as determined by the Planning Department, to include matching any repainting of the utility structure upon which it is mounted. C. The communications tower (small cell/data node antenna) shall not be lighted. d. Antenna and mounting device together do not exceed a height of ten (10) feet above the pole/structure. e. A maximum of one (1) antenna is located on the pole. f. Pole -mounted mechanical equipment shall not exceed seven (7) cubic feet in size. g. Antenna does not exceed a diameter of 16 inches. (P) 3. Other than the small cell/data node antenna, any ground - mounted mechanical equipment shall comply with the Zoning Ordinance relative to screening of mechanical equipment in O, C and I Districts. (P) (STAFF NOTE: The Zoning Ordinance requires the screening of mechanical equipment located on a building or ground from adjacent properties and public rights of way.) 4. Prior to use of this communications tower (small cell/data node antenna), the owner of the communications tower (small cell/data node antenna) shall obtain approval of the structural integrity of the light/utility pole by a registered professional engineer licensed in Virginia and a copy of the report filed with the Planning Department. (P) 5. Antenna and equipment shall be removed after three (3) consecutive months of non-use. (P) Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. 15SN0642 In Clover Hill Magisterial District, Tiffany Sadrina Robinson requests conditional use to permit a family day-care home and amendment of zoning district map in a Residential (R-9) District on .3 acre known as 10447 Ridgerun Road. Density will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for Suburban Residential II use (2.0 to 4.0 dwellings per acre). Tax ID 747-678-4694. 15-931 07/22/15 F] 9 Mr. Turner presented a summary of Case 15SN0642 and stated both the Planning Commission and staff recommended approval and acceptance of the proffered conditions. Ms. Tiffany Sadrina Robinson accepted the recommendation. Mr. Elswick called for public comment. There being no one to address the request, the public hearing was closed. On motion of Mr. Warren, seconded by Mr. Holland, the Board approved Case 15SN0642 and accepted the following proffered conditions: 1. Non -Transferable Ownership: This conditional use approval shall be granted to and for Tiffany Robinson, exclusively, and shall not be transferable nor run with the land. (P) 2. Expansion of Use: There shall be no exterior additions or alterations to the existing structure to accommodate this use. (P) 3. Signage: There shall be no signs permitted to identify this use. (P) 4. Number of Children: This conditional use approval shall be limited to providing care, protection and guidance to a maximum of twelve (12) children, other than the applicant's own children, at any one time. (P) 5. Hours of Operation: Hours and days of operation shall be limited to Monday through Friday from 6 a.m. to 6 p.m. There shall be no Saturday or Sunday operation of this use. (P) 6. Time Limitation: This conditional use approval shall be granted for a period not to exceed five (5) years from the date of approval. (P) 7. Fenced Outdoor Play Areas: Any outdoor play area and/or recreational equipment utilized by the family day-care home shall be located in the side or rear yard of the property. Outdoor play and/or recreational equipment areas shall have perimeter fencing of at least four feet in height, installed around the equipment or play area. Equipment for outdoor play areas shall be located no closer than fifteen (15) feet to the side or rear property lines. (P) 8. Employees: No employees shall be permitted to work on the premises other than family member employees that live on the premises. (P) Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. 15-932 07/22/15 15SNO643 In Dale Magisterial District, Ironbridge Baptist Church requests rezoning from Agricultural (A) and Light Industrial (I-1) to Neighborhood Business (C-2) with conditional use planned development to permit an existing communications tower, exceptions to ordinance requirements and amendment of zoning district map on 18.5 acres fronting 715 feet on the west line of Iron Bridge Road, 495 feet north of Landfill Drive, also fronting 55 feet on the northern terminus of Landfill Drive, 910 feet west of Iron Bridge Road. Density will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for Neighborhood Business use. Tax ID 773 -657 - Part of 4168-00001. Mr. Turner presented a summary of Case 15SNO643 and stated both the Planning Commission and staff recommended approval, subject to the one condition and acceptance of the proffered conditions. Mr. Jack Wilson, representing the applicant, accepted the recommendation. Mr. Elswick called for public comment. There being no one to address the request, the public hearing was closed. On motion of Mr. Holland, seconded by Mr. Warren, the Board approved Case 15SN0643, subject to the following condition: The Textual Statement, dated May 29, 2015, shall be considered the Master Plan. (P) And, further, the Board accepted the following proffered conditions: 1. Dedication. Prior to any site plan approval, or within sixty (60) days of a written request by the Transportation Department, whichever occurs first, one hundred (100) feet of right-of-way, on the west side of Iron Bridge Road (Route 10) measured from the centerline of that part of Route 10 immediately adjacent to the property, shall be dedicated, free and unrestricted, to and for the benefit of Chesterfield County. (T) 2. Access. Direct vehicular access from the property to Route 10 shall be limited to two (2) entrances/exits. One (1) access shall generally be located towards the northern property line, and the second access shall generally be located midway of the Route 10 property line and align the existing crossover on Route 10. The exact location of the accesses shall be approved by the Transportation Department. Prior to final site plan approval, an access easement, acceptable to the Transportation Department, shall be recorded from Route 10 at the proposed Route 10 access that aligns the existing crossover on Route 10 to the adjacent property to the north. (T) 15-933 07/22/15 9 9 9 14 3. Road Improvements. To provide an adequate roadway system, the Developer shall be responsible for the following road improvements. The exact design and location of these improvements shall be approved by the Transportation Department. a. Construction of an additional lane of pavement along the eastbound lanes of Route 10 for the entire property frontage; b. Construction of additional pavement along the eastbound lanes of Route 10 at each approved access to provide a separate right turn lane; C. Construction of additional pavement, if required, along the westbound lanes of Route 10, as determined by the Transportation Department to provide for adequate left turn lane(s) at the existing crossover on Route 10. d. Construction of a sidewalk to VDOT standards along Route 10 for the entire property frontage; e. Full cost of traffic signal modifications at the Route 10/private drive intersection, if warranted, as determined by the Transportation Department; and, f. Dedication to Chesterfield County, free and unrestricted, of any additional right-of-way (or easements) required for the improvements identified above. (T) 4. Phasing Plan. Prior to any site plan approval, a phasing plan for the required road improvements, as identified in Proffered Condition 3, shall be submitted to and approved by the Transportation Department. (T) 5. Architecture. Any grocery store developed shall be substantially similar to the elevations shown on Exhibit A, "Aldi Store TBD" dated November 12, 2014, and prepared by MS Consultants, Inc. The architectural treatment of all other buildings, including materials, color and style, shall be compatible with the church located on Tax ID 773 -657 -part of 4168. (P) 6. Prohibited uses. on the Property: The following uses shall be prohibited a. Dry cleaning, pick-up and drop-off; coin-operated dry cleaning; pressing; laundry and laundromat. b. Massage clinics. C. Funeral homes or mortuaries. d. Pet shops, including pet grooming. (P) TEXTUAL STATEMENT I. Communications identified on subject to the Tower. The existing Attachment 3 shall be following conditions: communications tower permitted to remain 1. The tower shall be a monopole with a maximum height of 195 feet. 15-934 07/22/15 2. The base of the tower shall be enclosed by a minimum six (6) foot high fence, designed to preclude trespassing. 3. The treatment, color and lighting system for the tower shall be as follows: a. The tower shall be grey or another neutral color, acceptable to the Planning Department. b. night time shall be limed to soft blinking lights. (P) 4. At such time that the tower ceases to be used for communications purposes for a period exceeding twelve (12) consecutive months, the owner/developer shall dismantle and remove the tower and all associated equipment from the property. S. Access to the tower shall be permitted from either Route 10 (Ironbridge Road) or Landfill Drive. If relocated from the location identified on Attachment 3, the exact location and design of the access shall be approved at the time of plans review. (P) II. Buffers: Except where adjacent to the existing communications tower, there shall be no buffer required along the western boundary of the Property. (P) Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. 15SN0645 In Midlothian Magisterial District, Cellco Partnership dba Verizon Wireless requests conditional use to permit a communications tower (data node antenna) and amendment of zoning district map in a Residential (R-40) District on .9 acre known as 13620 West Salisbury Road. Density will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for Low Density Residential use (maximum of 1.0 dwelling per acre). Tax ID 725 -716 -Part of 8682. Mr. Turner presented a summary of Case 15SN0645 and stated both the Planning Commission and staff recommended approval and acceptance of the proffered conditions. Mr. Jeff Geiger, representing the applicant, accepted the recommendation. Mr. Elswick called for public comment. There being no one to address the request, the public hearing was closed. On motion of Mr. Gecker, seconded by Ms. Jaeckle, the Board approved Case 15SN0645 and accepted the following proffered conditions: 15-935 07/22/15 9 9 M 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. There shall be no signs permitted to identify this use other than those required by applicable law and regulation. (P) 2. The color, design and lighting system for the communications tower (data node antenna) shall be as follows: a. The communications tower shall be a small cell/data node structure mounted on the side of an existing building, generally as located on Attachment 2 and designed on Attachment 3. b. The components of the small cell equipment shall be concealed inside a stealth chimney and have a durable finish color that matches the building upon which it is located, as approved by the Planning Department. The finish color of the stealth chimney shall be maintained to address fading, flaking, or other finish issues, as determined by the Planning Department, to include matching any repainting of the building upon which it is mounted. C. The communications tower (data node antenna) shall not be lighted. (P) d. A maximum of one (1) antenna is located on the building. (P) 3. Other than the data node antenna, any external mechanical equipment shall comply with the Zoning Ordinance relative to screening of mechanical equipment in O, C and I Districts. (P) (STAFF NOTE: The Zoning Ordinance requires the screening of mechanical equipment located on the building or ground from adjacent properties and public rights of way.) 4. Prior to use of this communications tower (data node antenna), the owner of the communications tower (data node antenna) shall obtain approval of the structural integrity by a registered professional engineer licensed in Virginia and a 15-936 07/22/15 copy of the report filed with the Planning Department. (P) 5. The communications tower (data node antenna), located on the side of an existing building, shall not exceed a height of 3.5 feet above the peak of the roof line. (P) 6. At such time that the communications tower (data node antenna) ceases to be used for communications purposes for three (3) consecutive months, the owner/developer shall dismantle and remove the tower and all associated equipment from the property. (P) Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. 15SN0648 In Midlothian Magisterial District, Wegmans Food Markets requests conditional use planned development relative to signage and amendment of zoning district map in a Community Business (C-3) District on 16.2 acres fronting 895 feet on the south line of Midlothian Turnpike, 1200 feet east of Walmart Way. Density will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for Planned Transition Area use. Tax IDs 735 -707 -Part of 9536; 736 -707 -Part of 4093 and Part of 8355; 737-707-2091 and 2699. Mr. Turner presented a summary of Case 15SN0648 and stated both the Planning Commission and staff recommended approval, subject to the conditions. Mr. Brennen Keene, representing the applicant, accepted the conditions. Mr. Elswick called for public comment. There being no one to address the request, the public hearing was closed. On motion of Mr. Gecker, seconded by Ms. Jaeckle, the Board approved Case 15SN0648, subject to the following conditions: 1. The Textual Statement, dated April 6, 2015, shall be considered the Master Plan for the sign exceptions. (P) 2. Any architectural or painted element of the building that serves as a background for individually mounted or painted letters of a sign shall use a color and/or style that are commonly used throughout the building exterior. (P) 15-937 07/22/15 9 9 TEXTUAL STATEMENT Wegmans Food Markets, Inc. April 6, 2015 The Owners request a Conditional Use Planned Development ("CUPD") to permit zoning ordinance exceptions, as described below, for the C-3 Community Business District zoned properties known as Chesterfield County Tax Identification Numbers 735-707-9536, 736-707-4093, 736-707-8355, 737-707- 2091, and 737-707-2699. EXCEPTION: An exception of 735.1 square feet to the total 395 square foot limit for building sign area. Each sign is shown on the attached "Midlothian Pike 4129 Exterior Elevations" and related photographs. Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. 15SN0662 In Dale Magisterial District, McDonald's Corporation requests amendment of zoning (Case 78SN0155) relative to architectural requirements plus a conditional use planned development to permit exceptions to ordinance and amendment of zoning district map in a General Business (C-5) District on 1.2 acres located in the southeast quadrant of Meadowdale Boulevard and Hopkins Road. Density will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for Neighborhood Business use. Tax ID 781-684-2658. Mr. Turner presented a summary of Case 15SN0662 and stated both the Planning Commission and staff recommended approval and acceptance of the proffered conditions. Mr. Roger Bowers, representing the applicant, accepted the recommendation. Mr. Elswick called for public comment. There being no one to address the request, the public hearing was closed. On motion of Mr. Holland, seconded by Mr. Warren, the Board approved Case 15SN0662 and accepted the following proffered conditions: McDonald's Corporation (the "Applicant") in this amendment of proffers request, offers the following proffered conditions for the re -development of Property if, and only if, the zoning amendment and the concurrent conditional use planned development is approved. In the event the request is denied or approved with conditions not agreed to by the Applicant, these proffered conditions shall immediately be null and void and of no further force and effect. 15-938 07/22/15 With the approval of this request, Proffered Condition 2 of Case 78SN0155 shall be amended as follows. All other conditions of Case 78SN0155 shall remain in force and effect. 1. The architectural design elements, including materials, color and style, shall be substantially compatible with the elevations in Exhibit A, dated April 24, 2015. (P) The Applicant offers the following additional proffered condition: 2. The Textual Statement dated last revised July 13, 2015 shall be considered the Master Plan. (P) TEXTUAL STATEMENT Applicant, McDonald's Corporation, seeks to demolish the existing structure, built in 1978, and damaged by fire in 2014, and replace/rebuild a fast food restaurant with dual ordering drive-through stations to accommodate increased drive-through demand. I. Site Development: The site shall develop substantially consistent with the "Conceptual Layout Plan" prepared by Carter Design, dated March 30, 2015 and identified as Exhibit B. (P) II. Setbacks: A. Hopkins Road: Twenty-two (22) feet with the installation of Perimeter Landscaping J. B. Meadowdale Boulevard: Fifteen (15) feet with the installation of Perimeter Landscaping J. C. Within the setbacks along Hopkins Road and Meadowdale Boulevard, existing mature trees shall be maintained where feasible. (P) III. Parking: A minimum of forty-five (45) on-site parking spaces shall be provided. (P) IV. Signage: Signs shall be provided in accordance with the Zoning Ordinance requirements except as follows: A. Two (2) order boards - one for each stacking lane shall be permitted. Such order boards shall be a maximum of 40 square feet in area and 7.0 feet tall, as shown it Exhibit C, "Column Menu Board." B. Two (2) preview boards - one for each stacking lane shall be permitted. Such preview boards shall be a maximum of 15 square feet in area and 7.0 feet tall, as shown in Exhibit C, "Presell." (P) Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. 15-939 07/22/15 9 91 9 In Midlothian Magisterial District, Joseph B. Marsala and Kelly Lynne Marsala request conditional use to permit a two- family dwelling and amendment of zoning district map in a Residential (R-15) District on .4 acre known as 641 North Pinetta Drive. Residential use of up to 2.90 units per acre is permitted in the Residential (R-15) District. The Comprehensive Plan suggests the property is appropriate for Suburban Residential II use (2.0 to 4.0 dwellings per acre) . Tax ID 755-708-6764. Mr. Turner presented a summary of Case 15SN0668 and stated both the Planning Commission and staff recommended approval and acceptance of the proffered conditions. Mr. and Mrs. Marsala accepted the recommendation. Mr. Elswick called for public comment. There being no one to address the request, the public hearing was closed. On motion of Mr. Gecker, seconded by Ms. Jaeckle, the Board approved Case 15SN0668 and accepted the following proffered conditions: 1. Occupancy of the second dwelling unit shall be limited to: the occupants of the principal dwelling unit, individuals related to them by blood, marriage, adoption or guardianship, foster children, guests and any domestic servants. (P) 2. For the purpose of providing record notice, within thirty (30) days of approval of this request, a deed restriction shall be recorded setting forth the limitation in Condition 1. The deed book and page number of such restriction and a copy of the restriction as recorded shall be submitted to the Planning Department. (P) Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. 15SN0646 In Midlothian Magisterial District, Bon Secours Richmond Health System requests amendment of conditional use planned development (Case 11SN0236) to permit an electronic message center sign and amendment of zoning district map in a General Industrial (I-2) District on 16.2 acres located in the southeast corner of Midlothian Turnpike and Watkins Centre Parkway. Density will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for Corporate Office/Research and Development and Light Industrial uses. Tax IDs 716-710-0330- 00001 and 00002, 1940 and 2314. 15-940 07/22/15 Mr. Turner presented a summary of Case 15SN0646 and stated both the Planning Commission and staff recommended denial of the case because the applicant's request does not comply with the Electronic Message Center Policy based upon the proposed electronic message center sign being located only 335 feet from the nearest electronic message center sign approved in 2010. He further stated if the Board chooses to approve the case, staff recommends approval and acceptance of the proffered conditions. Mr. Gecker noted deferring the case could be an option, based on concerns that may arise during the public hearing. Mr. Chuck Rothenberg, representing the applicant, stated the applicant plans to modify an existing freestanding sign (Main Campus Feature freestanding sign) with an electronic message center sign to identify the Bon Secours St. Francis Watkins Centre complex. He further stated the proposed freestanding sign would remain 20 feet tall and under the permitted 100 square feet in area. Mr. Elswick called for public comment. Mr. Freddy Boisseau stated the EMC sign spacing requirement is currently not equitable to businesses on a commercial corridor. He urged the Board to reconsider the separation requirement. Mr. Bob Olsen stated approval. of the request may encourage proliferation of EMC signs while making it more difficult to deny EMC sign requests not meeting the minimum separation requirement. He urged the Board to deny the case. Mr. Paul Grasewicz stated the EMC sign spacing requirement is currently not equitable to businesses on a commercial corridor, and the proposed sign does not conform to the EMC sign policy. He also expressed concerns relative to traffic safety and urged the Board to deny the case. There being no one else to address the request, the public hearing was closed. Mr. Gecker noted he spent years on the Planning Commission discussing electronic message signs. He stated the proposal lies in a quadrant of the county with a major intersection of 11 lanes separating the two sides with campus style development. He further stated unlike the eastern part of the pike, there is no strip mall shopping center style of development in the Watkins Centre area. He stated he does not see an aesthetic or safety reason to deny the proposal, given the lanes of separation. He noted flexibility should be considered on a case by case basis and stated there is a desire to seeking actively to develop out that area of the county. He further stated he had originally planned to defer the case for 30 days because the lead lawyer is out of town; however, if there is a sentiment by the Board to approve the request he would like to move it forward. He stated his intention was to ask Planning staff to take a look at incorporating the EMC policy review into the review of the sign ordinance. 15-941 07/22/15 9 IE 9 Ms. Jaeckle stated she can agree with Mr. Gecker relative to sign policy versus sign ordinance, in order to determine if the intent of the policy fit a particular case. She further stated she does not think the proposed sign violates the intent of the policy. She stated the electronic signs today are not the quality of electronic signs that the Board is trying to eliminate. She stressed the importance of signs for all businesses. Mr. Holland stated he agrees with the recommendation to defer the case; however, he is not inclined to support the request given the traffic safety concerns. Mr. Warren stated he would vote to deny the case tonight on the basis that it does not meet the criteria and has been recommended for denial by both staff and the Planning Commission. Mr. Elswick noted his intent to approve the case. He stated there are too many small businesses in the Matoaca District on Route 360 that are struggling because they are not allowed to have signage indicating where their business is located. Ms. Jaeckle stressed the importance of analyzing the policy. She stated a non -electronic sign is currently allowed for an aggregate of properties on one site, which can be far more distracting. Mr. Gecker noted the Board approved without opposition the very significant signage outside of policy on Route 288 for Westchester Commons. Mr. Gecker then made a motion, seconded by Ms. Jaeckle, for the Board to approve Case 15SN0646 and accept the following proffered conditions: The property owner and applicant in this 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 will be developed according to the following proffer if, and only if, the 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. Master Plan. The Textual Statement dated June 2, 2015 shall be the Master Plan. (P) 2. Electronic Sign. In addition to Ordinance requirements, any computer -controlled, variable message, electronic sign shall conform to the following standards: a. Copy shall be limited to a maximum of three (3) lines and shall not move but may fade; 15-942 07/22/15 b. The message or display shall be programmed to change no more than once every thirty (30) seconds; C. Sequential messaging shall be prohibited; d. Flashing and traveling messages shall be prohibited; e. Bijou lighting and animation effects shall be prohibited; f. The electronic message center shall be incorporated into an architecturally designed sign structure that is compatible and complimentary to the building it serves; and g. Brightness shall be limited so as not to exceed 0.3 foot candles above ambient light as measured using a foot candle meter at a distance of 100 feet. The computer - controlled, variable message, electronic sign shall have a photocell that automatically adjusts the brightness according to ambient light conditions. (P) AMENDED AND RESTATED TEXTUAL STATEMENT June 2, 2015 This is a request to amend CUPD 11SN0236 to permit an electronic message center to be incorporated into the freestanding identification sign (Route 60) for St. Francis Watkins Centre, and amend the Main Monument Sign (MCF) for a new elevation for the Main Monument Sign (MCF) on Tax IDs 716-710-2314-00001, 716-710-0330-00001, 716-710-0330-0002 and 716-710-1940 (the "Property"). 1. The following signs shall be permitted in addition to those signs permitted by the Zoning Ordinance. The location of these signs shall be as generally depicted on the plan entitled "SLP Sign Location Plan" prepared by FMG Design Inc. dated August 7, 2014 (and further described in the "Bon Secours St. Francis Watkins Centre Signage & Wayfinding Analysis" dated March 30, 2015): A. two (2) project identification signs: 1. One (1) Main Monument Sign (MCF) not to exceed one hundred (100) square feet in area and twenty feet (201) in height which may include an electronic message center not to exceed twenty-three (23) square feet in area. 2. One (1) Ceremonial Entrance Feature (CEF) not to exceed 100 square feet in area and nine feet four inches (914") in height. (Note: These signs are in addition to the two (2) permitted project identification signs depicted on the plan and analysis as "Campus Identification Pylon" (CIP)) 15-943 07/22/15 9 9 B. Six (6) Onsite Directory Signs (SVD), each of which shall be limited to fifteen (15) square feet in area and twelve (12) feet in height provided such signs are located internal to the project, not along the public roads and not legible outside of the project. 2. The final sign design, colors and materials shall be substantially consistent with the elevations in the package dated July 5, 2011, entitled "St. Francis Watkins Centre Midlothian, Virginia Environmental Graphics Program" and prepared by FMG Design Inc. Ayes: Elswick, Jaeckle and Gecker. Nays: Warren and Holland. 15SN0650 In Bermuda Magisterial District, Dean E. Hawkins requests rezoning from Light Industrial (I-1) to General Business (C- 5) and amendment of zoning district map on 15.5 acres fronting the north and south lines of Gayland Avenue, 520 feet east of Jefferson Davis Highway. Density will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for Residential use (2.51-4 units per acre). Tax ID 792-678-1855, 2756, 3614, 3859, 4762, 5018, 5765, 6322, 6667, 7626, 7770, 8673, 9532; and 793-678-0077. Mr. Turner presented a summary of Case 15SNO650 and stated the Planning Commission recommended approval because residential uses as suggested by the Comprehensive Plan are unlikely; there is an appropriate transitional use for vacant unsecured property; and proffers provide protection for adjacent residential uses. He further stated staff recommends denial because the request does not comply with the Comprehensive Plan; and it may cause adverse impact on area residential development. Mr. Dean Hawkins stated the operation of a contractor's shop and storage shop and storage yard is proposed, being a use first permitted in the General Business District. He further stated future use of the property for residential purposes is unrealistic; the proposed use will allow easier development transition in the future; and the use will provide security of the parcel and prevent trespass. He noted a community meeting was held and neighbors were generally supportive. In response to Mr. Elswick's question, Mr. Hawkins accepted the recommendation. Mr. Elswick called for public comment. There being no one to address the request, the public hearing was closed. Ms. Jaeckle expressed her appreciation to Mr. Hawkins for his hard work and diligence relative to the case. She agreed that the future use of the property for residential purposes would 15-944 07/22/15 be unrealistic. She stated there is a possibility that someday in the future that area could become attractive residential development. She further stated once an area is developed for residential use it is impossible to turn it over to anything other than residential. She noted neighbors are supportive of the proposal. Ms. Jaeckle then made a motion, seconded by Mr. Warren, for the Board to approve Case 15SN0650 and accept the proffered conditions. Mr. Warren commended Mr. Hawkins for his hard work and persistence relative to the case. Ms. Jaeckle commended Mr. Hawkins for his due diligence relative to working with the community and the Planning Commission to address their concerns. Mr. Elswick called for a vote on Ms. Jaeckle's motion, seconded by Mr. Warren, for the Board to approve Case 15SN0650 and accept the following proffered conditions: 1. Uses: The use(s) permitted by the request shall be limited to: a) Any permitted uses in the I-1 District, and; b) Contractor's Shops and Storage Yards. (P) 2. Building Fenestration: Fenestration and door openings in the building(s) shall be, unless otherwise required by the Building Code, oriented away from the Patterson Park subdivision. (P) 3. Screening of Parking & Storage Areas: A minimum ten (10) foot high brick and metal siding wall shall be installed along the northern property boundary adjacent to Patterson Park subdivision and along the western property boundary adjacent to Tax ID 792-678-2312 to screen all parking and storage yards from these adjacent lots. The exact design of the wall shall be submitted at the time of site plan and approved by the Planning Department. (P) 4. Gayland Avenue Improvements: Any extension of the existing pavement or associated work within the Gayland Avenue right-of-way or within any right-of-way dedicated for Gayland Avenue improvements shall be designed and constructed to VDOT standards and taken into the state system. (EE) 5. Buffer: A fifty (50) foot wide buffer shall be provided along the northern property boundary adjacent to Patterson Park subdivision. This buffer shall comply with the requirements of the Zoning Ordinance for fifty (50) foot buffers, and shall be planted at one and one- half (1.5) times Perimeter Landscaping "C" requirements. (P) 15-945 07/22/15 9 9 IE OR 6. Hours of Operation: Hours of operation shall be limited to between 5 a.m. and 8 p.m., Monday through Saturday. (P) 7. Security Enclosure and Access Control: The security of the site maximized by the following: a. A six (6) foot high chain link fence shall be installed along the southern and eastern property boundary and north of Gayland Avenue along the western property boundary to discourage trespassing; and b. Gate(s) shall be installed to provide controlled access from Gayland Avenue. (P) 8. Height of Building(s): Building(s) shall not exceed a height of thirty (30) feet. (P) 9. Site Lighting: Freestanding lighting mounted on poles shall be limited to a maximum height of twenty-five (25) feet above grade. (P) Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. 15SNO631 In Dale Magisterial District, John Vest and Ruth Cristene Vest request conditional use to permit a bed and breakfast and special events business incidental to a dwelling and amendment of zoning district map in a Residential (R-15) District on 1.4 acres known as 5436 Hopkins Road. Density will be controlled by zoning conditions or ordinance standards. The Comprehensive Plan suggests the property is appropriate for Suburban Residential II use (2.0 to 4.0 dwellings per acre). Tax ID 780-688-6823. Mr. Ryan Ramsey pre: stated the applicant October 2014 to star' and special events bu dwelling. He further specifically enumera applicants have prof adverse impacts on offered to designate landmark. He stated denial of the reaue tinted a summary of Case 15SNO631 and s purchased the request property in the operation of a bed and breakfast iness, which would be incidental to the stated while the proposed uses are ,ed by the Comprehensive Plan, the ered conditions to mitigate potential neighboring properties and have also the existing dwelling as a historic the Planning Commission recommended ;t because the Manned uses for the property would not only have an adverse effect on area properties, but the uses would be too intense to be located within an established residential area. He noted the Planning Commission received two petitions, one with 43 signatures of support, and a second in opposition with 330 signatures. He stated staff continues to recommend approval of the request because of the adaptive reuse and preservation of a historic structure; and the proffered conditions would minimize impacts of use and ensure compatibility with existing area development. 15-946 07/22/15 Mr. and Mrs. Vest accepted the recommendation. Mrs. Vest stated their application is a request for a conditional use permit to operate a bed and breakfast and host small special events at their home, The Edgewood. She further stated she believes opening their home to the public in this way is a compatible use within the urban environment in the surrounding area. She stated Edgewood will prove to be a valuable asset and sustainable resource because of its location, size, historical significance and the services they will provide. She further stated after several meetings with Planning staff, they revised their application to reflect enhancements to their operational plan and impact statement and submitted proffered conditions. She stated in order to reduce noise impacts, traffic and parking stresses, they reduced the venue services in both size and scope to comply with normal residential and business activities in the community. In regards to concerns voiced at the Planning Commission meeting, she stated she does not believe the conditional use will decrease property values, increased traffic, become an unsafe environment for children, be detrimental to the revitalization of the neighborhood or pose a threat to area property owners. She urged the Board to approve their request. Mr. Elswick called for public comment. Mr. Ben Thorpe, vice chairman of the Sustain Our Communities Committee and an officer of the Meadowbrook Estates Civic Association, stated if granted the conditional use will deteriorate the neighborhood and decrease property values. He expressed concerns relative to spot -rezoning and the use of portable toilets on the property. Mr. Melvin Diaz, vice president of the Meadowbrook Estates Civic Association, expressed concerns relative to noise associated with special events, alcohol sales, the safety of neighborhood residents and the configuration of the dwelling to accommodate lodgers and guests of the special events. Ms. Jody Rogers expressed concerns relative to a previous event held by the applicants on the property which generated noise concerns, alcohol sales during the late night hours and an unsafe environment for children at play. She urged the Board to deny the request. Mr. Ray McKinney, representing the Meadowbrook Estates Civic Association, voiced his opposition to the conditional use. He stated the zoning change would decrease property values and increase traffic on Hopkins Road. He urged the Board to deny the request. Mr. Thomas Rogers read a letter on behalf of Ms. Julie Fisher, an adjacent property owner, which voiced her reasons for protest against the conditional use request. Mr. Julius Huggins, president of the Meadowbrook Estates Civic Association, voiced his opposition of the rezoning request and expressed concerns to the possibility of increased traffic on Hopkins Road, which is already hazardous when turning into the development. 15-947 07/22/15 PE 9 Pli Mr. Clyde Fisher voiced his opposition of the rezoning request and expressed concerns relative to disruptive alcohol-related special events, security and the safety of neighborhood residents. Ms. Julie Shell voiced her opposition of the rezoning request and expressed concerns relative to the possibility of increased traffic on Hopkins Road and in the surrounding neighborhood and the safety of the residents. Ms. Colleen LeClair, an adjacent property owner, expressed concerns relative to a previous alcohol-related public event held by the applicants on the property which generated loud noises during late night hours. She stated the character and stability of the residential neighborhood would be endangered if the zoning request was approved. She urged the Board to deny the case. Ms. Virginia Arendall, an area property owner, expressed concerns relative to excessive vehicles with insufficient parking which will cause overflow on neighborhood streets and an unsafe environment for children at play. She urged the Board to deny the rezoning request. Mr. Shawn LeClair, an area property owner, expressed concerns relative to a decrease in property values and noise associated with outdoor special events. He urged the Board to deny the case. Ms. Sheryl Duffy expressed opposition to the proposed use and special events business relative to traffic, alcohol sales, adequate restroom facilities, hours and days of operation and the safety of neighborhood residents. Ms. Jaqueline Fisher expressed opposition to the proposed use and special events business relative to the configuration of the dwelling to accommodate lodgers, hours and days of operation and the unsafe environment for children walking to and from school bus stops. She asked the Board to deny the request. Ms. Vicki Harris, an area property owner, expressed concerns regarding the proposed use for a special events business relative to the possibility of creating an unsafe environment for children, the configuration of the dwelling to accommodate lodgers and increased traffic. She urged the Board to deny the rezoning request. Ms. Diane Murdoch stated bringing a commercial business into a residential area brings many burdens on neighborhood residents. She expressed concerns with increased traffic, potential crime and noise associated with special events. She stated the property is not designed for the requested proposed use. She asked the Board to deny the case. Ms. Brandy Williams spoke in support of the applicant's request. She stated the house and property are an asset to the community that should be shared with guests and visitors to the area. She noted only family and close friends were in attendance at the New Year's Eve event noted by previous speakers. 15-948 07/22/15 Mr. Christopher Spencer, speaking on behalf of his fiance, expressed opposition to the proposed bed and breakfast and special events business relative to noise associated with outdoor special events. Ms. Naomi Figueroa spoke in support of the applicant's request. She stated only family and close friends were in attendance at the New Year's Eve event noted by previous speakers. She further stated the house and property is an asset to the community. She urged the Board to approve the conditional use permit. Mr. Brock Dorsey stated he has not seen any evidence of crime occurring in the neighborhood. He further stated he does not believe a bed and breakfast will attract "undesirables." Mr. Rick Gillespie expressed opposition to the proposed use and special events business relative to alcohol sales. Ms. Alice Mitchel, an area property owner, expressed concerns regarding the proposed use for a special events business relative to increased traffic on Hopkins Road and on streets in the neighborhood. She also expressed concerns with the possibility of the character and stability of the residential neighborhood being endangered. She urged the Board to deny the conditional use permit. Mr. James Arendall, an area property owner, expressed concerns relative to excessive vehicles with insufficient parking which will cause overflow on neighborhood streets and the number of guests in attendance at a special event. He urged the Board to deny the conditional use permit. Mr. Backy Taylor, an area property owner, expressed concerns to the proposed use and special events business relative to the possibility of abusing the proffered conditions. He stated the property is not designed for the requested proposed use and asked the Board to deny the request. Mr. Michael Loch, an area property owner, expressed concerns to the proposed use and special events business relative to the configuration of parking for customers and guests and excessive vehicles with insufficient parking. He also expressed concerns with lack of emergency vehicle access to the neighborhood. He asked the Board to consider denying the request. Mr. Robert Moore spoke in support of the applicant's request. He stated the house and property are an asset to the community that should be shared with guests and visitors to the area. He urged the Board to approve the conditional use permit. Mr. Gabe Williams spoke in support of the applicant's request. He suggested having a police patrol officer parked outside of the event to ensure the safety of the guest and neighborhood residents. He stated the house and property are an asset to the community that should be shared with guests and visitors to the area. He urged the Board to approve the conditional use permit. 15-949 07/22/15 9 91 P�I Mr. Martin Figueroa, son of Ms. Vest, spoke in favor of his mother's request. He stated those in opposition have overly exaggerated their concerns. He further stated the house and property are an asset to the community and will offer a venue for well -organized special events. He urged the Board to approve the conditional use permit. There being no one else to address the request, the public hearing was closed. Mr. Vest stated that some of the remarks made by those in opposition of the plan amounted to "character assassination." He further stated he and his wife have helped those in need in his neighborhood and in the community on numerous occasions. Mrs. Vest stated the establishment place proposed use will county. y plan to provide a for guests. She greatly benefit the beautiful, well -kept further stated the community and the Mr. Holland thanked the applicants and those who voiced their opinions relative to the issue. He noted he visited the site this afternoon and spoke with many residents in the neighborhood. He expressed concerns relative to security and policing, alcohol sales, possible crime and noise generated by special events. He stated he would have considered deferring the case to allow more input; however, he does not want to make the decision to defer the issue for reasons that are not necessary. He stressed the importance of making the right decision for the residents in the community. He stated the conditional use is an intensive commercial use being proposed that does not fit and cannot realistically be made to fit into this particular residential community. Mr. Holland then made a motion, seconded by Mr. Warren, for the Board to deny Case 15SN0631. Ms. Jaeckle stated she believes the Vests were looking to incur some expenses and have people enjoy the property. She further expressed her surprise that the case got as far into the process as it did. She stressed the importance of meeting with the homeowners association. She stated she believes the neighbors are legitimate in the concerns they conveyed. Mr. Gecker stated he understands the neighbors' concerns relative to the proposal and noted he would not approve the case if it were in the Midlothian District. He further stated he does believe a case with a large amount of opposition should be double advertised in a fashion where there are back-to-back meetings. He stated after a contentious Planning Commission hearing, there is often a resolution of certain issues by the applicant in the form of revising the case. He further stated it is pretty rare that the Planning Commission and the Board meet back-to-back in this way, which does a procedural injustice to both sides. Mr. Elswick called for a vote on Mr. Holland's motion, seconded by Mr. Warren, for the Board to deny Case 15SN0631. Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. 15-950 07/22/15 18. PUBLIC HEARINGS 18.A. TO CONSIDER APPROVAL OF AN AGREEMENT RELATED TO THE RE -DESIGNATION OF THE CAPITAL REGION WORKFORCE PARTNERSHIP UNDER THE WORKFORCE INNOVATION AND OPPORTUNITY ACT OF 2014 Mr. Mincks stated this date and time has been advertised for a public hearing for the Board to consider approval of an agreement related to the re -designation of the Capital Region Workforce Partnership under the Workforce Innovation and Opportunity Act of 2014. Mr. Elswick called for public comment. There being no one to address the request, the public hearing was closed. On motion of Mr. Gecker, seconded by Mr. Holland, the Board approved an agreement related to the re -designation of the Capital Region Workforce Partnership under the Workforce Innovation and Opportunity Act of 2014. Mr. Holland noted he serves on the Capital Region Workforce Partnership and is in complete agreement of the re- designation. Mr. Elswick called for a final vote on motion of Mr. Gecker, seconded by Mr. Holland, for the Board to approve an agreement related to the re -designation of the Capital Region Workforce Partnership under the Workforce Innovation and Opportunity Act of 2014. Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. 18.B. TO CONSIDER AN ORDINANCE TO VACATE A VARIABLE WIDTH DRAINAGE EASEMENT ACROSS LOT 15, WYNWOOD AT FOXCREEK Mr. Harmon stated this date and time has been advertised for a public hearing for the Board to consider an ordinance to vacate a variable width drainage easement across Lot 15, Wynwood at Foxcreek. Mr. Elswick called for public comment. There being no one to address the request, the public hearing was closed. On motion of Mr. Holland, seconded by Mr. Gecker, the Board adopted the following ordinance: AN ORDINANCE whereby the COUNTY OF CHESTERFIELD, VIRGINIA, ("GRANTOR") vacates to PAUL MRAVCAK and TINA M. MRAVCAK, ("GRANTEE"), a variable width drainage easement across Lot 15, Wynwood at Foxcreek, a Resubdivision of Lots 3-5, 8-11, 16,17, 19, 20, 22-24, 27-34, Open Spaces B & C, Section 3 and GPIN 711 678 15-951 07/22/15 9 9 9 5348 00000 1 MATOACA Magisterial District, Chesterfield County, Virginia, as shown on a plat thereof duly recorded in the Clerk's Office, Circuit Court, Chesterfield County, Virginia in Plat Book 225, at Page 22. WHEREAS, PAUL MRAVCAK and TINA M. MRAVCAK, petitioned the Board of Supervisors of Chesterfield County, Virginia to vacate a variable width drainage easement across Lot 15, Wynwood at Foxcreek, a Resubdivision of Lots 3-5, 8-11, 16,17, 19, 20, 22-24, 27-34, Open Spaces B & C, Section 3 and GPIN 711 678 5348 00000, MATOACA Magisterial District, Chesterfield County, Virginia more particularly shown on a plat of record in the Clerk's Office of the Circuit Court of said County in Plat Book 225, Page 22, by BALZER AND ASSOCIATES, INC., dated JUNE 17, 2014, recorded JULY 25, 2014. The easement petitioned to be vacated is more fully described as follows: A variable width drainage easement, across Lot 15, Wynwood at Foxcreek, the location of which is more fully shown on a plat made by A.G. HAROCOPOS AND ASSOCIATES, P.C., dated AUGUST 22, 2014, a copy of which is attached hereto and made a part of this Ordinance. WHEREAS, notice has been given pursuant to Section 15.2- 2204 of the Code of Virginia, 1950, as amended, by advertising; and, WHEREAS, no public necessity exists for the continuance of the easement sought to be vacated. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF SUPERVISORS OF CHESTERFIELD COUNTY, VIRGINIA: That pursuant to Section 15.2-2272 of the Code of Virginia, 1950, as amended, the aforesaid easement be and is hereby vacated. This Ordinance shall be in full force and effect in accordance with Section 15.2-2272 of the Code of Virginia, 1950, as amended, and a certified copy of this Ordinance, together with the plat attached hereto shall be recorded no sooner than thirty days hereafter in the Clerk's Office, Circuit Court, Chesterfield County, Virginia pursuant to Section 15.2-2276 of the Code of Virginia, 1950, as amended. The effect of this Ordinance pursuant to Section 15.2- 2274 is to destroy the force and effect of the recording of the portion of the plat vacated. This Ordinance shall vest fee simple title to the easement hereby vacated in the property owners of Lot 15, Wynwood at Foxcreek, free and clear of any rights of public use. Accordingly, this Ordinance shall be indexed in the names of the COUNTY OF CHESTERFIELD as GRANTOR and PAUL MRAVCAK and TINA M. MRAVCAK, GRANTEE, or their successors in title. Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. 15-952 07/22/15 18.C. TO CONSIDER THE LEASING OF THE CHESTERFIELD COUNTY FAIRGROUNDS TO THE CHESTERFIELD COUNTY FAIR ASSOCIATION, INCORPORATED Mr. Harmon stated this date and time has been advertised for a public hearing for the Board to consider the leasing of the Chesterfield County Fairgrounds to the Chesterfield County Fair Association, Incorporated. Mr. Elswick called for public comment. Ms. Brenda White, General Manager of the Chesterfield County Fair, expressed her appreciation to the Board for their continued support and cooperation. Mr. Steve Meadows, Vice President of the Chesterfield County Fair Association Board, also expressed his appreciation to the Board for their continued support. There being no one else to address the request, the public hearing was closed. On motion of Mr. Warren, seconded by Mr. Holland, the Board approved the leasing of the Chesterfield County Fairgrounds to the Chesterfield County Fair Association, Inc. for 20 years, expiring December 2035. Mr. Gecker requested that the Board be provided with copies of long-term lease agreements prior to Board meetings. Mr. Elswick called for a final vote on the motion of Mr. Warren, seconded by Mr. Holland, for the Board to approve leasing of the Chesterfield County Fairgrounds to the Chesterfield County Fair Association, Inc. for 20 years, expiring December 2035. Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. 19. REMAINING MANUFACTURED HOME PERMITS AND ZONING REQUESTS There were no remaining requests for manufactured home permits or rezoning at this time. 20. FIFTEEN -MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED MATTERS There were no requests to address the Board at this time. 21. ADJOURNMENT On motion of Mr. Warren, seconded by Ms. Jaeckle, the Board adjourned at 10:13 p.m. until August 26, 2015. Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. Steph n A. Elswick Chairman 15-953 07/22/15 9 9 9