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2015-10-28 MinutesBOARD OF SUPERVISORS MINUTES October 28, 2015 Supervisors in Attendance: Mr. Stephen A. Elswick, Chairman Mr. Arthur S. Warren, Vice Chrm. Ms. Dorothy A. Jaeckle Mr. James M. Holland Mr. Daniel A. Gecker Mr. James J. L. Stegmaier County Administrator 15-1028 Staff in Attendance: Mr. Greg Akers, Dir., Internal Audit Mr. Mike Bacile, Dir., Purchasing Dr. Sheryl Bailey, Dep. County Administrator, Management Services Ms. Janice Blakley, 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. Mike Mabe, Dir., Library Mr. Jeffrey L. Mincks, County Attorney Ms. Mary Martin Selby, Dir., Human Resource Services Chief Loy Senter, Fire and EMS Ms. Marsha Sharpe, Dir., Social Services Mr. Scott Smedley, Dir., Environmental Engineering Mr. Jesse Smith, Dir., Transportation Ms. Sarah Snead, Deputy County Administrator, Human Services 10/28/15 Mr. Kirk Turner, Dir., Planning 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 FROM SEPTEMBER 16, 2105 On motion of Mr. Holland, seconded by Mr. Warren, the Board approved the minutes of September 16, 2015, as submitted. Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. 5. RESOLUTIONS 5.A. RECOGNIZING MR. MARK MOOGALIAN FOR HIS HEROIC ACTIONS Ms. Pollard introduced Mr. Charles Moogalian, who was present to receive the resolution on his son's behalf. On motion of Mr. Holland, seconded by Mr. Elswick, the Board adopted the following resolution: WHEREAS, on Friday, August 21, 2015, Mark Moogalian, a former Midlothian resident and graduate of Midlothian High School, saved lives when he thwarted a gunman on a high speed train in France; and WHEREAS, Mr. Moogalian, who now teaches English at the Paris -Sorbonne University, ensured that his wife, Isabella, was hidden behind a seat before taking action to save her and others from harm; and WHEREAS, he tackled the gunman and wrestled the assault rifle from him; and WHEREAS, the gunman then drew his sidearm and shot Mr. Moogalian in the neck before taking back his rifle; and WHEREAS, three others, including two U.S. military personnel and a British businessman, then stepped in to overpower and disarm the assailant; and WHEREAS, Mr. Moogalian was hospitalized until August 31 and suffered nerve damage from the bullet that passed through his neck, and is still recovering; and WHEREAS, Mr. Moogalian is a true American hero, who ably represents the American values of helping others and taking initiative during times of crisis; and WHEREAS, French President, Frangois Hollande, reached out to Mr. Moogalian to express his thanks and appreciation for Mr. Moogalian's heroic efforts; and 15-1029 10/28/15 9- F] 9 WHEREAS, Mr. Moogalian has made his proud by placing his own life in jeopardy, other back-up, in his attempt to stop situation that would have affected other train. family and nation without weapons or a life-threatening passengers on the NOW, THEREFORE, BE IT RESOLVED that the County Board of Supervisors, this 28th day of publicly recognizes the bravery and heroism Moogalian and expresses the appreciation of all his courageous and unselfish acts on August 21, Chesterfield October 2015, of Mr. Mark residents for 2015. AND, BE IT FURTHER RESOLVED that a copy of this resolution be presented to Mr. Moogalian's family 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. Gecker presented the executed resolution to Mr. Moogalian and commended his son for his courage and heroism to protect those in danger. He stated Chesterfield County is proud to call him one of their own. Mr. Holland also highly praised Mr. Moogalian's son for his bravery and unselfish acts. Mr. Moogalian expressed his appreciation, on behalf of his son, for the special recognition and kind sentiments. S.B. RECOGNIZING THE HONORABLE JOHN C. WATKINS ON HIS RETIREMENT FROM THE VIRGINIA GENERAL ASSEMBLY Ms. Curtin introduced The Honorable John C. Watkins, who was present to receive the resolution. On motion of Ms. Jaeckle, seconded by Mr. Gecker, the Board adopted the following resolution: WHEREAS, Senator John C. Watkins announced in November 2014 that he would retire from the Virginia General Assembly at the end of his current Senate term; and WHEREAS, Senator Watkins has served the citizens of Chesterfield County since 1982, first in the House of Delegates, and then starting in 1998, the Senate of Virginia; and WHEREAS, the Watkins family has a long history of serving Chesterfield County and its citizens with Senator Watkins' great-grandfather serving three terms in the Senate of Virginia; and WHEREAS, Senator Watkins' commitment to public service and long dedication to the citizens of Chesterfield County guided his actions for 34 years in the Virginia General Assembly; and 15-1030 10/28/15 WHEREAS, all citizens of the Commonwealth benefited from the leadership displayed by Senator Watkins in numerous arenas, including transportation, health care, the Virginia Retirement System (VRS), the environment and the state budget, among others; and WHEREAS, the Richmond region and Chesterfield County are grateful for his leadership and support for the construction of Route 288 which achieved an economic benefit much sooner than projected; and WHEREAS, Senator Watkins has always been a strong supporter of K-12 and higher education, as well as the interests of the business community and provided an example of how to balance various competing interests in order to develop solutions for citizen and taxpayer issues; and WHEREAS, Senator Watkins also strongly supported the men and women who serve in public safety, including Police, Fire and Emergency Medical, Med-Flight and the Sheriff's office; and WHEREAS, Senator Watkins collaborated and resolved issues in a respectful and thoughtful manner and always with the best interests of the citizens of Chesterfield County and the Richmond region in mind; and WHEREAS, Senator Watkins has been the recipient of numerous honors and awards from a variety of community and professional organizations, including Virginia Tech Distinguished Service Award, Senator of the Year, Nurseryman of the Year, Paul Harris Fellow, Rotary International, Virginia Jaycees Life member and serves on the Board of Trustees of CJW Medical Center and on the Board of Directors of Essex Bank. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 28th day of October 2015, publicly recognizes The Honorable John C. Watkins and extends on behalf of the citizens of Chesterfield County, appreciation for his long service to the county and the Commonwealth of Virginia, congratulations on 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 Senator Watkins 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 Senator Watkins, expressed appreciation for his long service to the county and the Commonwealth of Virginia and wished him an enjoyable retirement. Ms. Jaeckle, Mr. Gecker, Mr. Holland and Mr. Warren all commended Senator Watkins for collaborating and resolving issues in a respectful and thoughtful manner and always with the best interests of the citizens of Chesterfield County in mind. 15-1031 10/28/15 F] W, Mr. Stegmaier highly praised Senator Watkins for his exceptional service and commitment to the county and in the General Assembly. Senator Watkins, accompanied by his wife, expressed his appreciation to the Board for the special recognition and kind sentiments. 2. COUNTY ADMINISTRATOR'S COMMENTS 2.A. COUNTY ADMINISTRATOR'S REPORT • Mr. Stegmaier introduced Brigadier General Allan E. Day the Commander of Defense Logistics Agency Aviation at Defense General Supply Center. He stated General Day took over as Commander of the agency in March of this year. He further stated the agency he leads is a major employer with more than 3,500 civilian and military personnel. He stated General Day has a long distinguished career in the Air Force. He further stated he is a graduate of the U.S. Air Force Academy, and holds a Master of Arts, in National Security and Strategic Studies from the Navel War College, Newport, Rhode Island. He noted prior to his current assignment he served as Deputy Chief of Staff for Logistics, Installations, and Mission Support at the Pentagon. General Day expressed his appreciation to Mr. Stegmaier for the introduction and the warm welcome. He updated the Board on the logistics of the agency, stating DLA Aviation supports more than 1,900 weapon systems, with focused support to 143 major weapon systems, and is the U.S. military's integrated material manager for more than 1.1 million national stock number items, industrial retail supply and depot level repairable acquisitions. Ms. Jaeckle expressed her excitement of the renovations of DLA Aviation and sincerely thanked General Day for his update to the Board. Mr. Elswick and Mr. Holland expressed their appreciation to General Day for his service and informative presentation to the Board. • Mr. Stegmaier reported the Department of Utilities earlier this month received the Association of Metropolitan Water Agencies' 2015 Sustainable Water Utility Management Award. He stated the Association indicated that the county's strong record of effective utility management shown in Chesterfield Utilities' application was determined by their distinguished panel of peer judges to be a significant contribution to the drinking water industry. He further stated this award recognizes the county's remarkable efforts to remain competitive in a highly challenging and constantly changing environment. 15-1032 10/28/15 • Mr. Stegmaier was pleased to announce the opening of several Parks and Recreation facilities which include the Rockwood Pickleball Center, The Falling Creek Ironworks site improvements, and the Mid -Lothian Mines Park trails and bridges. Ms. Joanne Simmelink, Senior Planner, made a presentation to the Board regarding the Bike/Walk to School Day county schools participated in during the second week of October at both Bon Air and Bellwood Elementary Schools. She stated the children expressed their excitement and interest to regularly participate in similar future events. Mr. Stegmaier noted these events are all part of an effort to make Chesterfield active, engaged and promote a healthy lifestyle. Mr. Gecker expressed appreciation to Mr. Stegmaier for presenting these kinds of events in his report. He stated the Bon Air event plainly shows people in that community would like to have easy accessibility for pedestrians throughout the Bon Air area. He further stated the Bikeways and Trails Plan is being discussed and it is clear there is an outgoing of support for that concept in that area of the county. He encouraged individuals to explore the Mid -Lothian Mines Park trails. 2.B. UPDATE ON SMALL BUSINESS PROGRAMS AND ACTIVITIES Mr. Garrett Hart, Director of Economic Development, made a presentation to the Board regarding small business initiatives. He stated the Department is preparing to consolidate the New Business and Existing Business Divisions to allow for more flexibility in deploying resources. He further stated all project managers will work with small, as well as large businesses, and one project manager position will focus on assisting small businesses and the programs and associations serving them. He stated the Library continues to strengthen its support of small business and together we will be launching "My Business Grows Here" as a sister program to the Award winning "My Business Starts Here." He further stated the New Business Resource Center at the North Courthouse Road Library will have interactive technology and video conferencing and will be one of five new resource centers planned for next year. He stated the Community Development Customer Center now has a single point of contact person to assist businesses needing help with the permitting process. He further stated staff is leveraging the recent success of the Bizworks Incubator to provide additional services and partnering with the private sector to provide professional development opportunities, such as partnering with First Citizen's Bank for a quarterly lunch and learn program. He stated as part of the study it became clear that many small businesses were not aware of the assistance programs available. He further stated staff is working with the Chamber to launch an awareness campaign. He noted the 15-1033 10/28/15 9 9 9 N campaign will feature the assistance programs currently available to small businesses in the county. He stated the first release of the campaign will feature the One on One customer service the Commissioner of Revenue is providing to county businesses. He further stated staff is looking for ways to make our policies and regulations more small business friendly. He stated the Commissioner has suggested two potential changes that we will evaluate along with additional suggestions from other county departments for the Board's future consideration. In conclusion, he thanked the Board for their continued support. Mr. Holland expressed appreciation to Mr. Hart for his innovative ideas and the rearrangement of the Economic Development Department. He stressed the importance of marketing techniques, process streamlining and no unnecessary forms of regulation. He recommended implementing a small business 24-hour hotline. Mr. Elswick sincerely thanked Mr. Hart for being proactive and bringing the proposal before the Board. He stated the Board's commitment to economic development was prevalent at the ground breaking for Tranlin. Mr. Hart stated the representatives of Tranlin were extremely appreciative of the support of the county and Board of Supervisors. 3. BOARD MEMBER REPORTS Ms. Jaeckle announced the Bermuda District will hold a community meeting on October 29th at 10:30 a.m. at Bensley Community Center and at 6:30 p.m. at Thomas Dale High School regarding the Bikeways and Trail Plan. She also announced the Bermuda District will hold a community meeting on November 5th at 7:00 p.m. at Elizabeth Davis Middle School regarding Enon traffic issues. Mr. Holland announced the Dale District will hold a community meeting on November 12th at 6:30 p.m. at SWIMRVA regarding the Bikeways and Trails Plan. He stated he attended the Hispanic Chamber of Commerce's Annual Gala on October 16th, VSU Homecoming and luncheon on October 17th, and the Kroger Marketplace grand opening and ribbon cutting on October 21St Mr. Warren announced he attended the Fresh Market grand opening and ribbon cutting this morning. Mr. Elswick expressed his appreciation to citizens of the Matoaca District for attending the community meeting last night regarding the Bikeways and Trails Plan. 15-1034 10/28/15 4. REQUESTS TO POSTPONE AGENDA ITEMS AND ADDITIONS, DELETIONS OR CHANGES IN THE ORDER OF PRESENTATION On motion of Mr. Warren, seconded by Mr. Holland, the Board added item 8.B.17., Cancellation of November 18, 2015 Public Hearing Regarding Civil Enforcement Program for Violations of Law Regarding Passing of a Stopped School Bus. Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. 6. WORK SESSIONS 6.A. PROPOSED 2016 LEGISLATIVE PROGRAM Ms. Mary Ann Curtin provided details of the proposed 2016 Legislative Program. She reviewed the legislative landscape going into the 2016 long session which includes a new state biennial budget; congressional action/inaction; leadership control undetermined; and the November 2015 election for all 140 members. She then reviewed the guiding principles to provide quality of life consistent with community expectations; being a regional partner with respect to core governmental functions; maintaining local autonomy; and maintaining quality public education and public safety. She reviewed some issues and concerns which include K-12 funding; state budget; Line of Duty Act; revenue authorities, including BPOL and Machinery and Tools; transportation funding, including revenue sharing; stormwater funding; mandates/cost shifts; and land use, cash proffers and zoning authorities. She identified some legislative requests to consider in support such as full funding of K-12 education funding formula; flexibility in use of education funds; reverse out year reductions in revenue sharing; additional secondary road maintenance funding/revenue sharing; additional intellectual disabilities waivers; and additional funding for stormwater mandates. She then identified items of opposition to consider which include the elimination or reduction of local revenue sources, including BPOL and Machinery and Tools; additional mandates/cost shifts; and limitations/caps on existing cash proffers, land use, or zoning authorities. In closing, she provided the proposed calendar associated with the 2016 Legislative Program. Ms. Jaeckle stated VACo has met with several localities relative to the flexibility in K-12 spending. She further stated teachers are opposed to the constant mi.cromanaging of the SOL passage rate which stifles their classroom ability. In response to Ms. Jaeckle's remarks, Ms. Curtin stated many localities are expressing the same concerns. In response to Ms. Jaeckle's concerns, Ms. Curtin stated the revenue sharing dollar amount is determined by the Commonwealth Transportation BOARD and making legislators aware is critical. 15-1035 10/28/15 9 9 6.B. SOCIAL SERVICES BOARD PRESENTATION Mr. Chris Kollman, Chairman of the Chesterfield/Colonial Heights Social Services Board, introduced members of the Social Services Board, who were present at the meeting. Ms. Marsha Sharpe, Director of Social Services, gave a brief overview of the framework of the Social Services system that includes work support programs, basic needs programs and safety and protection programs. She stated the economic recession that began in 2007-2008 resulted in a historic increase in demand for safety net programs. She further stated economic recovery is beginning to have a positive effect on the population that is the most vulnerable to job loss. She stated the Temporary Assistance for Needy Families Program (TANF) and the Supplemental Nutrition Assistance Program (SNAP) caseload numbers are not on a slow downward trend as job availability increases. She further stated the program that is not following the same downward trend as the other public assistance programs is Medicaid. She noted growth is mainly a result of policy changes at the federal level and will likely continue. In regards to community engagement and outreach, she stated the department has an important role in linking unemployed and underemployed citizens to employers who are hiring. She further stated the county's Virginia Initiative for Employment Not Welfare VIEW team has launched an employment center and has begun hosting monthly job fairs. She stated the Department functions as a broker between partners who want to offer help and the community who needs help. She then reviewed the department's FY2016 revenues and expenditures. She stated recruitment and retention of qualified employees continue to be Department priorities. She further stated strategies to address recruitment and retention of eligibility workers have begun to slow the unacceptably high turnover rate in that division, and the addition of eleven new positions has positively impacted morale and has allowed management to shift from crisis management to setting goals to increase citizen access and take action to reduce the backlog created during the recession. In regards to the future, she stated the recession reminded us that the safety net serves all, that no one is protected from a bad economy or personal misfortune. She further stated as the more skilled and those with higher education have not gone back to work, the focus for the future should be on ensuring that low income families are not left behind as the economy grows and as employers seek employees who are qualified for a more skilled workforce. In closing, she expressed appreciation on behalf of the Social Services Board and the department staff, for the Board's unwavering support and for the opportunity to share information about the department's efforts. In response to Ms. Jaeckle's concerns regarding electronic document management, Ms. Sharpe stated it is her understanding the matter is a capacity issue within the state contract. 15-1036 10/28/15 In response to Mr. Holland's question, Ms. Sharpe stated this would be her last presentation made to the Board. Mr. Holland expressed his appreciation for Ms. Sharpe's outstanding efforts as Director of the Social Services Department. He stated he is very pleased with the upcoming construction and renovations of the Smith -Wagner Building. He also stressed the importance of staff recruitment and retention. Mr. Elswick expressed appreciation informative presentation. He also Social Services Board for their support. He requested a presentation at a future Board meeting. 7. DEFERRED ITEMS 7.A. 15SN0669 to Ms. Sharpe for the thanked members of the efforts and continued on poverty in the county In Midlothian Magisterial District, Brian A. Greene requests conditional use to permit a business (tree service) incidental to a dwelling and amendment of zoning district map in an Agricultural (A) District on 1.4 acres known as 800 Ruthers Road. Density will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for Residential use (2.51 to 4.0 dwelling units per acre). Tax ID 761-703-2752. Mr. Ryan Ramsey presented a summary of Case lSSN0669 and stated the case was deferred for a 30 -day time period at the Board's request. He further stated staff had originally recommended denial of the request. He stated the Planning Commission recommended approval because the conditions will minimize impacts on adjacent properties. In response to Mr. Gecker's question, Mr. Mincks stated the public hearing was closed. Mr. Gecker stated the reason for the deferral was due to the absence of the applicant. Mr. Gecker then made a motion, seconded by Ms. Jaeckle, for the Board to approve Case 15SN0669 and accept the following proffered conditions: 1. Non -Transferable Ownership: This Conditional Use approval shall be granted exclusively to Brian A. Greene, and shall not be transferable with. the land. (P) 2. Use: This Conditional Use approval shall be for the operation of a contractor's office and storage yard (tree service business), incidental to a dwelling. (P) 3. Time Limitation: This Conditional Use approval shall be granted for a period not to exceed three (3) years from the date of approval. (P) 4. Equipment Storage: As a part of this business, the following equipment may be stored on the property: 15-1037 10/28/15 9 PE lr_� a. One (1) bucket truck b. One (1) grapple truck C. One (1) chipper d. Two (2) trailer e. Two ( 2 ) loaders No other equipment or materials may be stored on the property for this use. (P) Location of Use: The use shall be confined to the existing dwelling, accessory buildings and the storage areas noted on Exhibit A, dated July 29, 2015. (P) 6. Employees and Clients: No more than five (5) employees shall be permitted to work on the premises. No clients shall be permitted on the property. (P) 7. Signage: There shall be no signs identifying this use. (P) 8. Hours of Operation: The contractor's office and storage yard (tree service business), to include the movement of equipment, shall be limited to Monday through Friday from 7:00 a.m. to 5:30 p.m. and Saturday from 7:30 a.m. to 1:00 p.m. There shall be no operation of the use on Sunday. (P) Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. 7.B. 15SN0634 In Midlothian Magisterial District, Charter (E & A) LLC requests amendment of conditional use planned development (Cases 94SNO138 & 13SN0509) to permit exceptions to density and residential townhouse standards and amendment of zoning district map in a Community Business (C-3) District on 10.2 acres fronting 700 feet on the west line of Charter Colony Parkway, 850 feet south of Midlothian Turnpike, also fronting 550 feet on the east line of LeGordon Drive, 1115 feet south of Midlothian Turnpike. Density will be controlled by zoning conditions or ordinance standards. The Comprehensive Plan suggests the property is appropriate for Planned Transition Area uses. Tax ID 726 -707 -Part of 3592. Mr. Ramsey offered to make a full presentation to the Board and provide additional information relative to the case. Mr. Gecker stated he has met with the applicant's representative between the deferral and today. He further stated he believes there is some movement on behalf of the applicant with regard to the proffer issue. In response to Mr. Gecker's remarks, Mr. Brennen Keene stated there has been some further discussion. He further stated the primary issue is based on a property permitted for commercial development that his applicant is perfectly willing to develop; however, there is a potential to build residential that is more inline with what the community wants. He noted resolution relative to the proffer issue is expected to be resolved within the next week. On motion of Mr. Gecker, seconded by Ms. Jaeckle, the Board deferred Case lSSN0634 until November 18, 2015. Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. 15-1038 10/28/15 8. NEW BUSINESS 8.A. APPOINTMENTS On motion of Mr. Holland, seconded by Ms. Jaeckle, the Board suspended its rules to allow simultaneous nomination /appointment/reappointment of members to the Health Center Commission and Youth Services Citizen Board. Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. 8.A.1. HEALTH CENTER COMMISSION On motion of Ms. Jaeckle, seconded by Mr. Gecker, the Board simultaneously nominated/ appointed Mr. Charles Witthoefft to serve as an At -Large Commissioner on the Health Center Commission, whose term is effective immediately and will expire on June 30, 2019. Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. 8.A.2. YOUTH SERVICES CITIZEN BOARD On motion of Ms. Jaeckle, seconded by Mr. Gecker, the Board simultaneously nominated/appointed/reappointed Mr. Jordan Alexander Smith and Ms. Laney Hull to serve on the Youth Services Citizen Board, whose terms are effective on November 1, 2015, and will expire on June 30, 2016. Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. 8.B. CONSENT ITEMS 8.B.1. ADOPTION OF RESOLUTIONS 8.B.l.a. RECOGNIZING COUNTY EMPLOYEES UPON THEIR RETIREMENT 8.B.1.a.1. CORPORAL EDWARD E. FERRELL, POLICE DEPARTMENT On motion of Ms. Jaeckle, seconded by Mr. Gecker, the Board adopted the following resolution: WHEREAS, Corporal Edward E. Ferrell retired from the Chesterfield County Police Department on September 1, 2015, after providing nearly 29 years of outstanding quality service to the residents of Chesterfield County; and WHEREAS, Corporal Ferrell began his law enforcement career as a volunteer Special Police Officer in 1985; and WHEREAS, Corporal Ferrell has faithfully served the county in the capacity of Patrol Officer, Senior Police Officer, Master Police Officer, Career Police Officer and Corporal; and 15-1039 10/28/15 9 Fl� 9 WHEREAS, during his tenure, Corporal Ferrell has served in various assignments, including Evidence Technician, Field Training Officer, alternate CAP Officer, Desk Officer, and as a member of the Marine Patrol and Special Response Unit; and WHEREAS, Corporal Ferrell had the honor of being selected as the 1987 Rookie Officer of the Year; and WHEREAS, Corporal Ferrell was the recipient of a Life Saving Award due to his quick thinking and prompt actions after a suicidal subject's self- inflicted wound, and the subject subsequently being rushed to the hospital for treatment; and WHEREAS, Corporal Ferrell is recognized for his excellent communications and human relations skills, his compassion, professionalism and teamwork, all of which he has utilized within the Police Department and in assisting residents of Chesterfield County; and WHEREAS, Corporal Ferrell has received numerous letters of commendation, thanks and appreciation for services rendered; and WHEREAS, Corporal Ferrell 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 Ferrell's diligent service. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes Corporal Edward E. Ferrell, and extends on behalf of its members and the residents of Chesterfield County, appreciation for his service to the county, congratulations upon his retirement, and best wishes for a long and happy retirement. Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. 8.B.1.a.2. CORPORAL JEFFREY T. VERLANDER, POLICE DEPARTMENT On motion of Ms. Jaeckle, seconded by Mr. Gecker, the Board adopted the following resolution: WHEREAS, Corporal Jeffrey T. Verlander will retire from the Chesterfield County Police Department on November 1, 2015, after providing 28 years of quality service to the residents of Chesterfield County; and WHEREAS, Corporal Verlander has faithfully served the county in the capacity of Patrol Officer, Senior Police Officer, Master Police Officer, Career Police Officer and Corporal; and WHEREAS, during his tenure, Corporal Verlander also served as a Field Training Officer and Community Policing Officer; and 15-1040 10/28/15 WHEREAS, for nearly 16 years, Corporal Verlander has served as a pilot with the Metro Aviation Unit, and he is recognized as one of the best pilots in the unit and has also served as a certified instructor pilot; and WHEREAS, Corporal Verlander was recognized by the Virginia Association of Chiefs of Police with an Outstanding Contribution to Law Enforcement Award for his outstanding work in the Route 60 Corridor Community Policing Program; and WHEREAS, Corporal Verlander was the recipient of a Chief's Commendation Award for his outstanding surveillance skills that resulted in the capture of a dangerous robbery suspect; and WHEREAS, Corporal Verlander was recognized by the County of Henrico with a Meritorious Service Award for his courageous, professional and dedicated service to the community in the arrest of a violent offender; and WHEREAS, Corporal Verlander has received numerous Certificate of Achievement Awards for his dedicated teamwork, community policing and partnership building skills; and WHEREAS, Corporal Verlander is recognized for his 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, during his tenure, Corporal Verlander has received numerous letters of commendation, thanks and appreciation for services rendered; and WHEREAS, Corporal Verlander 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 Verlander's diligent service. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes Corporal Jeffrey T. Verlander, and extends on behalf of its members and the residents of Chesterfield County, appreciation for his service to the county, congratulations upon his retirement, and best wishes for a long and happy retirement. Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. 15-1041 10/28/15 9 91 9 M M 8.B.1.a.3. LIEUTENANT JEFFREY D. BUTLER, FIRE AND EMERGENCY MEDICAL SERVICES DEPARTMENT On motion of Ms. Jaeckle, seconded by Mr. Gecker, the Board adopted the following resolution: WHEREAS, Lieutenant Jeffrey D. Butler retired from Chesterfield Fire and Emergency Medical Services Department, Chesterfield County, on September 1, 2015; and WHEREAS, Lieutenant Butler served as a volunteer firefighter at the Dale Fire and EMS Station from 1982 through 1987; and WHEREAS, Lieutenant Butler began his career with Chesterfield County on July 7, 1987, as a recruit firefighter in Recruit School #18; and WHEREAS, Lieutenant Butler served as a firefighter as the Dutch Gap, Swift Creek, and Enon Fire and EMS Stations; and WHEREAS, Lieutenant Butler became certified as a Hazardous Materials Specialist in 1990 and served for 25 years on the department's Hazardous Materials Team; and WHEREAS, Lieutenant Butler was promoted to lieutenant in May 1999 and served as a company officer at the Buford, Clover Hill, and Airport Fire and EMS Stations; and WHEREAS, Lieutenant Butler served as the "C" Shift Tactical Safety Officer from August 2010 until his retirement as he watched over the safety of his fellow firefighters on emergency incidents; and WHEREAS, Lieutenant Butler was recognized in September 2003 with a Certificate of Commendation for his dedication and commitment to the organization for taking great steps to navigate blocked roadways in order to arrive at his work assignment on the morning after Hurricane Isabel; and WHEREAS, Lieutenant Butler was recognized with multiple awards during his career, including an EMS Unit Citation Award in 2003 for his teamwork efforts in providing emergency care during a motor vehicle accident with an adult patient ejected 30 feet from the vehicle and a child trapped inside the vehicle, and an EMS Unit Citation Award for his teamwork efforts in providing emergency care to patients who were trapped in a vehicle on fire as a result of a head-on collision; and WHEREAS, Lieutenant Butler was recognized with a Lifesave Award in 2007 for his actions while off duty where he came upon a van that had lost control and rolled into oncoming traffic striking a passenger vehicle and catching fire; he unselfishly placed himself in harm's way to pull a female adult from the burning vehicle; and 15-1042 10/28/15 WHEREAS, Lieutenant Butler was honored in November 2008 by the Retail Merchants Association and presented with the Valor Award for going above and beyond the call of duty; and WHEREAS, Lieutenant Butler's operational knowledge in combination with his honest, sincere personality made him a respected leader and a trusted safety officer; and WHEREAS, Lieutenant Butler was a valued member of the department's Leave and Staffing Workgroup in 2002, helping to develop numerous leave and staffing practices and processes, many of which are still in use today. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes the contributions of Lieutenant Jeffery D. Butler, expresses the appreciation of all residents for his service to the county, and extends appreciation for his dedicated service and congratulations upon his retirement. Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. 8.B.1.a.4. CAPTAIN RICHARD J. BIDWELL, FIRE AND EMERGENCY MEDICAL SERVICES DEPARTMENT On motion of Ms. Jaeckle, seconded by Mr. Gecker, the Board adopted the following resolution: WHEREAS, Captain Richard J. Bidwell retired from the Chesterfield Fire and Emergency Medical Services Department, Chesterfield County, on September 1, 2015; and WHEREAS, Captain Bidwell attended Recruit School #16 in 1986, and has faithfully served the county for nearly 30 years in various assignments, from firefighter to acting battalion chief; and WHEREAS, Captain Bidwell served as a firefighter at the Wagstaff, Ettrick, Matoaca, Dale and Clover Hill Fire and EMS Stations; and WHEREAS, Captain Bidwell was promoted to lieutenant in 2002 and served at the Swift Creek, Dutch Gap and Dundas Fire and EMS Stations; and WHEREAS, Captain Bidwell was promoted to captain in 2005 and served at the Swift Creek, Beach and Matoaca Fire and EMS Stations, as well as the Department Safety Officer; and WHEREAS, Captain Bidwell was appointed to acting battalion chief and served in the Emergency Operations Division for both the Northern and Western Battalions; and WHEREAS, Captain Bidwell has been a lifelong learner throughout his career, obtaining a Bachelor's Degree in Occupational Safety and Health; and 15-1043 10/28/15 1E 9 91 WHEREAS, Captain Bidwell served on the Fire and EMS Department's Report Card Workgroup, Chesterfield County's Collision Review Board, Advanced Life Support Workgroup, and served as the Fire Explorer Program Advisor; and WHEREAS, Captain Bidwell served on the Metro Richmond Safety Officer Committee, which worked to develop consistent safety practices across all of the departments in the region; and WHEREAS, Captain Bidwell served as a canine handler with the Fire and EMS Department's Technical Rescue Team; and WHEREAS, Captain Bidwell has received several EMS Unit Citations and Lifesave Awards during his career; and WHEREAS, Captain Bidwell served as an Advanced Life Support Provider for 26 years; and WHEREAS, Captain Bidwell responded to the City of Franklin, Virginia in 2006 to assist during a major flood emergency. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes the contributions of Captain Richard J. Bidwell, expresses the appreciation of all residents for his service to the county, and extends appreciation for his dedicated service and congratulations upon his retirement. Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. 8.B.1.a.5. LIEUTENANT DAVID S. HARRELSON, FIRE AND EMERGENCY MEDICAL SERVICES DEPARTMENT On motion of Ms. Jaeckle, seconded by Mr. Gecker, the Board adopted the following resolution: WHEREAS, Lieutenant David S. Harrelson retired from the Chesterfield Fire and Emergency Medical Services Department, Chesterfield County, on October 1, 2015; and WHEREAS, Lieutenant Harrelson served our country for four years as a Hospital Corpsman in the United States Coast Guard from 1975 to 1979 receiving an honorable discharge as a Hospital Corpsman 2nd Class Petty Officer; and WHEREAS, Lieutenant Harrelson attended Recruit School #15 in June 1984 and has faithfully served the county for 31 years in various assignments; and WHEREAS, Lieutenant Harrelson served at the Midlothian, Dale, Ettrick, Bon Air, and Rivers Bend Fire and EMS Stations; and 15-1044 10/28/15 WHEREAS, Lieutenant Harrelson was recognized with an Emergency Medical Services Award for a successful resuscitation at the Midlothian Fire and EMS Station in July 1988; and WHEREAS, Lieutenant Harrelson participated in the rescue operation during Tropical Storm Gaston in September 2004; and WHEREAS, Lieutenant Harrelson completed his Associate's Degree in Applied Science of Nursing in May 2005; and WHEREAS, Lieutenant Harrelson was promoted to lieutenant in June 2007; and WHEREAS, Lieutenant Harrelson was recognized with a Certificate of Appreciation in July 2007 for helping construct a wheelchair ramp for retired Firefighter Roy Arnold; and WHEREAS, Lieutenant Harrelson responded when a tornado hit the Colonial Heights Wal-Mart in April 2008; and WHEREAS, Lieutenant Harrelson was recognized for completing the Technology Generalist Certificate, School of Applied Business and Technology, in March 2009; and WHEREAS, Lieutenant Harrelson received a certificate from Ettrick-Matoaca Volunteer Rescue Squad for improving relationships between fire and rescue services in Chesterfield County in May 2010; and WHEREAS, Lieutenant Harrelson was recognized for his actions during the July 2010 fire in the former Brown and Williamson Tobacco warehouse; and WHEREAS, Lieutenant Harrelson was recognized as an effective team member with a Unit Citation for his key tactical position at a well rescue in January 2013; and WHEREAS, Lieutenant Harrelson was recognized with an EMS Lifesave Award for resuscitating a patient in cardiac arrest in March 2013; and WHEREAS, Lieutenant Harrelson was recognized with an EMS Unit Citation for extraordinary efforts in caring for a patient who was in cardiac arrest after being electrocuted in September 2013; and WHEREAS, Lieutenant Harrelson was recognized with a Unit Citation for the teamwork and efforts involved while caring for a patient who went into cardiac arrest in September 2014. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes the contributions of Lieutenant David S. Harrelson, expresses the appreciation of all residents for his service to the county, and extends appreciation for his dedicated service and congratulations upon his retirement. Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. 15-1045 10/28/15 9 9 9 8.B.l.b. SUPPORTING THE ETTRICK SITE AS THE FUTURE LOCATION OF THE TRI -CITIES MULTIMODAL STATION On motion of Ms. Jaeckle, seconded by Mr. Gecker, the Board adopted the following resolution: WHEREAS, the Tri -Cities Transportation Planning Organization has conducted an Environmental Assessment of potential station locations to serve as the region's future Multimodal Station; and WHEREAS, three locations have been identified as viable alternatives: the Boulevard site in Colonial Heights, the S. Collier site in Petersburg and the Ettrick site in Chesterfield; and WHEREAS, the existing Ettrick Train Station is located on the Ettrick site and provides a valuable transportation mode for the Tri -Cities region; and WHEREAS, the Ettrick Train Station provides daily Amtrak service between major cities along the east coast including Boston, New York, Washington D.C., Charlotte, Orlando and Miami; and WHEREAS, the Ettrick site is centrally located to the Tri -Cities region which includes southern and eastern Chesterfield County, Hopewell, Colonial Heights, Petersburg, Prince George and Dinwiddie; and WHEREAS, over 100,000 residents of the Tri -Cities region are within a six -mile radius of the Ettrick site; and WHEREAS, the Ettrick site is within walking distance of Virginia State University which currently has 5,000 students enrolled, and is expected to have over 10,000 students enrolled by 2020; and WHEREAS, the Ettrick site is within walking distance of Virginia State University's Multipurpose Center, a regional venue for concerts, sporting events and conventions; and WHEREAS, the Ettrick site is located less than eight miles from Fort Lee where 70,000 soldiers train annually; and WHEREAS, the Ettrick site is located on one of five original national high-speed rail corridors: the Southeast High Speed Rail (SEHSR) corridor, which runs from Washington D. C. to Raleigh, North Carolina; and WHEREAS, the existing Ettrick Train Station accommodates nearly 30,000 boardings and alightings annually and ridership is expected to increase to 98,000 annually by 2025 with the implementation of the SEHSR service; and WHEREAS, according to AMTRAK's "Great American Station" guidelines the existing Ettrick Train Station should be upgraded to a small -medium facility to accommodate existing and future ridership; and 15-1046 10/28/15 WHEREAS, the future implementation of the SEHSR will require track expansions resulting in the need to move the Ettrick Train Station away from the new track; and WHEREAS, improvements for the Tri -Cities Multimodal Station at the Ettrick site can be phased to benefit the growth in ridership and potential for high-speed rail service; and WHEREAS, the Ettrick Station has served and should continue to serve Tri -Cities residents and visitors for many years to come; and WHEREAS, the Ettrick Station is a key component to the revitalization of Ettrick, a substantial area ripe for development and redevelopment, as reflected in the "Ettrick- VSU Special Area Plan" of the Chesterfield County Comprehensive Plan. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Chesterfield County supports the Ettrick site serving as the future Tri -Cities Multimodal Station. AND, BE IT FURTHER RESOLVED that the Board of Supervisors understands that local contributions are an important funding source for the future Tri -Cities Multimodal Station. Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. 8.B.l.c. RECOGNIZING THE CONTRIBUTIONS OF MR. RICHARD E. "DICK" PAGE BY NAMING THE GARDEN AT THE NORTH COURTHOUSE ROAD LIBRARY IN HIS MEMORY On motion of Ms. Jaeckle, seconded by Mr. Gecker, the Board adopted the following resolution: WHEREAS, Mr. Richard E. "Dick" Page was a longtime and deeply valued resident of Chesterfield County and a tireless advocate for our community and its people; and WHEREAS, Mr. Page worked with the Virginia and Chesterfield Departments of Transportation and residents of the Surrywood subdivision to provide for major street upgrades and street stabilization; and WHEREAS, as a retired career petroleum industry professional, Mr. Page worked to inform the County and its residents with information on the presence of the gasoline additive MTBE in drinking water and called for monitoring of the water prior to the Congressional ban on use of MTBE; and WHEREAS, Mr. Page was instrumental in the development of Chesterfield's Volunteer Sign Removal Program, which led to the removal of 40,000 illegally placed roadway signs in its first four years in existence, substantially beautifying the County's roadways; and 15-1047 10/28/15 9 9 9 WHEREAS, the editorial board of the Richmond Times - Dispatch recognized Mr. Page for his efforts on the program; and WHEREAS, the Volunteer Sign Removal Program was honored by the National Association of Counties with an Achievement Award and Scenic Virginia with its 2010 Anti -Litter Award; and WHEREAS, Mr. Page personally volunteered 10 hours each week to the sign removal program and continued the work for many years until he passed away at the age of 77; and WHEREAS, recognizing a need for Monacan High School, Mr. Page advocated for the revitalization of the school and for equitable facilities to be provided for its students; and WHEREAS, Mr. Page realized the value of our community library system and advocated for a facility to be built in the area of Reams Road where there was a need; and WHEREAS, Mr. Page was among the very first to call for this library to be built and was a stalwart member of the steering committee that developed the facility; and WHEREAS, the North Courthouse Road library is now preparing to open to serve our community and its residents. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield Board of Supervisors recognizes and honors the efforts of Mr. Richard E. "Dick" Page for improving the quality of life of Chesterfield's citizens and dedicating himself to our community, and hereby names the garden at the North Courthouse Road Library in his memory. Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. 8.B.2. ACCEPTANCE AND APPROPRIATION OF FEDERAL GRANT FUNDS FOR THE JUVENILE DRUG COURT On motion of Ms. Jaeckle, seconded by Mr. Gecker, the Board authorized the acceptance and appropriation of the Juvenile Drug Court grant funds from the U.S. Department of Justice - Office of Justice Programs in the amount of $400,000. Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. 15-1048 10/28/15 8.B.3. TRANSFER OF DISTRICT IMPROVEMENT FUNDS 8.B.3.a. FROM THE BERMUDA, CLOVER HILL, DALE, MATOACA AND MIDLOTHIAN DISTRICT IMPROVEMENT FUNDS TO THE CHESTERFIELD COUNTY DEPARTMENT OF ENVIRONMENTAL ENGINEERING TO PURCHASE AND REPLACE INTERPRETIVE SIGNAGE AT THE 1917 HISTORICAL COURTHOUSE On motion of Ms. Jaeckle, seconded by Mr. Gecker, the Board transferred $700 in District Improvement Funds ($140 from each District) to the Chesterfield County Department of Environmental Engineering to purchase and replace interpretive signage at the 1917 Historic Courthouse. Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. 8.B.3.b. FROM THE BERMUDA DISTRICT IMPROVEMENT FUND TO THE PARKS AND RECREATION DEPARTMENT FOR RENTALS AND LABOR ASSOCIATED WITH THE ANNUAL VETERANS DAY CEREMONY AT BENSLEY PARK On motion of Ms. Jaeckle, seconded by Mr. Gecker, the Board transferred $675.71 in Bermuda District Improvement Funds to the Parks and Recreation Department to pay the cost of renting a tent and chairs and providing labor for staffing and cleaning the Community Building as part of the annual Veterans Day Ceremony at Bensley Park. Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. 8.B.4. APPROVAL OF MEMORANDUMS OF UNDERSTANDING 8.B.4.a. BETWEEN CHESTERFIELD COUNTY AND THE CITY OF COLONIAL HEIGHTS FOR BACK-UP COMMUNICATIONS CAPABILITIES On motion of Ms. Jaeckle, seconded by Mr. Gecker, the Board approved the Memorandum of Understanding for back-up communications capabilities between Chesterfield County and the City of Colonial Heights and authorized the Director of Emergency Communications to execute the Memorandum of Understanding on behalf of the county. Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. 8.B.4.b. BETWEEN CHESTERFIELD COUNTY, HENRICO COUNTY AND THE CITY OF RICHMOND FOR THE CAPITAL REGION TEXT - TO -911 PROJECT On motion of Ms. Jaeckle, seconded by Mr. Gecker, the Board approved the Memorandum of Understanding for the Capital Region Text -to -911 project between Chesterfield County, Henrico County and the City of Richmond, and authorized the Director of Emergency Communications to execute the Memorandum of Understanding on behalf of the county. Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. 15-1049 10/28/15 9 1E 9 M M 8.B.4.c. BETWEEN THE CHESTERFIELD COMMUNITY SERVICES BOARD AND CHESTERFIELD COUNTY FOR REPAYMENT OF THE GALLOWAY PLACE INTERMEDIATE CARE FACILITY ELIGIBLE EXPENSES On motion of Ms. Jaeckle, seconded by Mr. Gecker, the Board approved of the Memorandum of Understanding between the Chesterfield Community Services Board (CSB) and Chesterfield County for Repayment of the Galloway Place ICF -IDD eligible construction and start-up expenses. Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. 8.B.5. SET DATES FOR PUBLIC HEARINGS 8.B.5.a. TO CONSIDER THE PROPOSED BON AIR SPECIAL AREA PLAN On motion of Ms. Jaeckle, seconded by Mr. Gecker, the Board set November 18, 2015, as a date for a public hearing to consider the proposed Bon Air Special Area Plan. Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. 8.B.5.b. TO CONSIDER THE PROPOSED COMPLETE ROADS POLICY On motion of Ms. Jaeckle, seconded by Mr. Gecker, the Board set November 18, 2015, as the date for a public hearing to consider the proposed complete roads policy. Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. 8.B.5.c. TO CONSIDER THE CONVEYANCE OF LEASES OF REAL PROPERTY AT VARIOUS PARK SITES AND ATHLETIC COMPLEXES FOR OPERATION OF FOOD CONCESSIONS BY CO- SPONSORED ATHLETIC ASSOCIATIONS AND LEAGUES On motion of Ms. Jaeckle, seconded by Mr. Gecker, the Board set November 18, 2015, as the date for a public hearing to consider the conveyance of leases of real property at various park sites and athletic complexes for operation of food concessions by co-sponsored athletic associations and leagues. Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. 8.B:6. APPROVAL OF RENAMING BEACHCREST ROAD TO BEACHCREST DRIVE On motion of Ms. Jaeckle, seconded by Mr. Gecker, the Board approved the renaming of Beachcrest Road to Beachcrest Drive. Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. 15-1050 10/28/15 8.B.7. STATE ROADS ACCEPTANCE On motion of Ms. Jaeckle, seconded by Mr. Gecker, the Board adopted the following resolution: WHEREAS, the streets described below are shown on a plat recorded in the Clerk's Office of the Circuit Court of Chesterfield County; and WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised this Board the streets meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation. NOW, THEREFORE, BE IT RESOLVED, that this Board requests the Virginia Department of Transportation to add the streets described below to the secondary system of state highways, pursuant to Section 33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements. AND, BE IT FURTHER RESOLVED, that this Board guarantees a clear and unrestricted right-of-way, as described, and any necessary easements for cuts, fills and drainage. AND, BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. Project/Subdivision: Silverleaf Section Cl Type Change to the Secondary System miles of State Highways: Addition Reason for Change: New subdivision street Pursuant to Code of Virginia Statute: §33.2-705 Street Name and/or Route Number • Gleaming Drive, State Route Number 7835 From: Silver Mist Avenue, (Route 7463) To: The end of maintenance, a distance of: 0.04 miles. Recordation Reference: Plat Book 195, Page 67 Right of Way width (feet) = 53 • Silver Mist Avenue, State Route Number 7463 From: 0.01m N of Cannington Drive, (Route 7830) To: Gleaming Drive, (Route 7835), a distance of: 0.12 miles. Recordation Reference: Plat Book 195, Page 67 Right of Way width (feet) = 61 • Silver Mist Avenue, State Route Number 7463 From: Gleaming Drive, (Route 7835) To: Existing Silver Mist Avenue, (Route 7463), a distance of: 0.03 miles. Recordation Reference: Plat Book 195, Page 67 Right of Way width (feet) = 61 15-1051 10/28/15 9 9 M And, further, the Board adopted the following resolution: WHEREAS, the streets described below are shown on a plat recorded in the Clerk's Office of the Circuit Court of Chesterfield County; and WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised this Board the streets meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation. NOW, THEREFORE, BE IT RESOLVED, that this Board requests the Virginia Department of Transportation to add the streets described below to the secondary system of state highways, pursuant to Section 33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements. AND, BE IT FURTHER RESOLVED, that this Board guarantees a clear and unrestricted right-of-way, as described, and any necessary easements for cuts, fills and drainage. AND, BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. Project/Subdivision: Branch's Bluff Section 4 Type Change to the Secondary System miles of State Highways: AAA itinn Reason for Change: New subdivision street Pursuant to Code of Virginia Statute: §33.2-705 Street Name and/or Route Number • Proctors Run Drive, State Route Number 7555 From: 0.02 miles southeast of Proctors Bluff Lane, (Route 7558) To: Proctors Run Court, (Route 7837), a distance of: 0.13 miles. Recordation Reference: Plat Book 223, Page 40 Right of Way width (feet) = 50 • Branchs Woods Lane, State Route Number 7559 From: .02 miles southwest of Birchs Bluff Rd, (Route7557) To: Cul-de-sac, a distance of: 0.08 miles. Recordation Reference: Plat Book 223, Page 40 Right of Way width (feet) = 50 • Proctors Run Court, State Route Number 7837 From: Proctors Run Drive, (Route 7555) To: Cul-de-sac, a distance of: 0.07 miles. Recordation Reference: Plat Book 223, Page 40 Right of Way width (feet) = 50 • Proctors Run Court, State Route Number 7837 From: Proctors Run Drive, (Route 7555) To: Cul-de-sac, a distance of: 0.04 miles. Recordation Reference: Plat Book 223, Page 40 Right of Way width (feet) = 50 15-1052 10/28/15 And, further, the Board adopted the following resolution: WHEREAS, the street described below is shown on a plat recorded in the Clerk's Office of the Circuit Court of Chesterfield County; and WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised this Board the street meets the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation. NOW, THEREFORE, BE IT RESOLVED, that this Board requests the Virginia Department of Transportation to add the street described below to the secondary system of state highways, pursuant to Section 33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements. AND, BE IT FURTHER RESOLVED, that this Board guarantees a clear and unrestricted right-of-way, as described, and any necessary easements for cuts, fills and drainage. AND, BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. Project/Subdivision: Type Change to the Sec Bon Secours Drive ondary System miles of State Hiqhways: Addition Reason for Change: New subdivision street Pursuant to Code of Virginia Statute: §33.2-705 Street Name and/or Route Number • Bon Secours Drive, State Route Number 7838 From: Charter Colony Parkway, (Route 950) To: 0.41 miles southwest of Charter Colony Parkway, (Route 950), a distance of: 0.41 miles. Recordation Reference: Deed Book 3978, Page 954 and Deed Book 10473, Page 142 Right of Way width (feet) = 66 And, further, the Board adopted the following resolution: WHEREAS, the streets described below are shown on a plat recorded in the Clerk's Office of the Circuit Court of Chesterfield County; and WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised this Board the streets meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation. NOW, THEREFORE, BE IT RESOLVED, that this Board requests the Virginia Department of Transportation to add the streets described below to the secondary system of state highways, pursuant to Section 33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements. AND, BE IT FURTHER RESOLVED, that this Board guarantees a clear and unrestricted right-of-way, as described, and any necessary easements for cuts, fills and drainage. 15-1053 10/28/15 9 F] 9 M AND, BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. Project/Subdivision: Silverleaf Section Al Type Change to the Secondary System miles of State Highways: Addition Reason for Change: New subdivision street Pursuant to Code of Virginia Statute: §33.2-705 Street Name and/or Route Number • Argent Lane, State Route Number 7832 From: Silver Mist Avenue, (Route 7463) To: 0.01 miles east to the end of maintenance, a distance Of: 0.01 miles. Recordation Reference: Plat Book 195, Page 62 Right of Way width (feet) = 53 • Argent Lane, State Route Number 7832 From: Silver Mist Avenue, (Route 7463) To: 0.01 miles west to the end of maintenance, a distance of: 0.01 miles. Recordation Reference: Plat Book 195, Page 62 Right of Way width (feet) = 53 • Silver Mist Avenue, State Route Number 7463 From: Argent Lane (Route 7832) To: The end of maintenance, a distance of: 0.01 miles. Recordation Reference: Plat Book 195, Page 62 Right of Way width (feet) = 61 • Silver Mist Avenue, State Route Number 7463 From: Cannington Drive, (Route 7830) To: Argent Lane, a distance of: 0.05 miles. Recordation Reference: Plat Book 195, Page 62 Right of Way width (feet) = 61 • Cannington Drive, State Route Number 7830 From: Conifer Road, (Route 640) To: Medallion Court, (Route 7831), a distance of: 0.04 miles. Recordation Reference: Plat Book 195, Page 62 Right of Way width (feet) = 61 • Medallion Court, State Route Number 7831 From: Cannington Drive, (Route 7830) To: The end of maintenance, a distance of: 0.03 miles. Recordation Reference: Plat Book 195, Page 62 Right of Way width (feet) = 53 • Cannington Drive, State Route Number 7830 From: Silver Mist Avenue, (Route 7463) To: The end of maintenance, a distance of: 0.01 miles. Recordation Reference: Plat Book 195, Page 62 Right of Way width (feet) = 61 15-1054 10/28/15 • Cannington Drive, State Route Number 7830 From: Medallion Court, (Route 7831) To: Silver Mist Avenue, (Route 7463), a distance of: 0.10 miles. Recordation Reference: Plat Book 195, Page 62 Right of Way width (feet) = 61 • Silver Mist Avenue, State Route Number 7463 From: Cannington Drive, (Route 7830) To: 0.01 miles north of Cannington Drive, (Route 7830), a distance of: 0.01 miles. Recordation Reference: Plat Book 195, Page 62 Right of Way width (feet) = 61 And, further, the Board adopted the following resolution: WHEREAS, the streets described below are shown on a plat recorded in the Clerk's Office of the Circuit Court of Chesterfield County; and WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised this Board the streets meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation. NOW, THEREFORE, BE IT RESOLVED, that this Board requests the Virginia Department of Transportation to add the streets described below to the secondary system of state highways, pursuant to Section 33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements. AND, BE IT FURTHER RESOLVED, that this Board guarantees a clear and unrestricted right-of-way, as described, and any necessary easements for cuts, fills and drainage. AND, BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. Project/Subdivision: Silverleaf Section B1 Type Change to the Secondary System miles of State Highways: Addition Reason for Change: New subdivision street Pursuant to Code of Virginia Statute: §33.2-705 Street Name and/or Route Number • Sterling Brook Drive, State Route Number 7834 From: Etching Street, (Route 7833) To: The end of maintenance, a distance of: 0.01 miles. Recordation Reference: Plat Book 195, Page 64 Right of Way width (feet) = 61 • Etching Street, State Route Number 7833 From: Argent Lane, (Route 7832) To: Sterling Brook Drive, (Route 7834), a distance of: 0.16 miles. Recordation Reference: Plat Book 195, Page 64 Right of Way width (feet) = 63 15-1055 10/28/15 9 9 N • Argent Lane, State Route Number 7832 From: Etching Street, (Route 7833) To: The end of maintenance, a distance of: 0.01 miles. Recordation Reference: Plat Book 195, Page 64 Right of Way width (feet) = 53 • Sterling Brook Drive, State Route Number 7834 From: Etching Street, (Route 7833) To: The end of maintenance, a distance of: 0.01 miles. Recordation Reference: Plat Book 195, Page 64 Right of Way width (feet) = 61 • Argent Lane, State Route Number 7832 From: .01 miles east of Silver Mist Avenue, (Route. 7463) To: Chasing Lane, (Route 7836), a distance of: 0.03 miles. Recordation Reference: Plat Book 195, Page 64 Right of Way width (feet) = 53 • Chasing Lane, State Route Number 7836 From: Argent Lane, (Route 7832) To: The end of maintenance, a distance of: 0.01 miles. Recordation Reference: Plat Book 195, Page 64 Right of Way width (feet) = 63 • Argent Lane, State Route Number 7832 From: Chasing Lane, (Route 7836) To: Etching Street, (Route 7833), a distance of: 0.05 miles. Recordation Reference: Plat Book 195, Page 64 Right of Way width (feet) = 53 Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. 8.B.8. INITIATION OF APPLICATION TO AMEND A ZONING CONDITION RELATIVE TO THE PROVISION OF IN-KIND IMPROVEMENTS (PARKING SPACES) AT THE CHESTER LIBRARY On motion of Ms. Jaeckle, seconded by Mr. Gecker, initiated an application to amend a condition of Case 13SN0520 relative to in-kind improvements (construction of parking spaces) required with the development of an apartment building at 4301 Fountain Square Plaza (Tax IDs 788-655-8553, 8854 and 9964), in a Community Business (C-3) District, appointed Kirkland Turner, Director of Planning, as agent for the Board of Supervisors for the purpose of this application and waived disclosure. Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. 15-1056 10/28/15 8.B.9. AUTHORIZATION FOR THE COUNTY ADMINISTRATOR TO EXECUTE THE SPECIAL PROJECT SERVICE AGREEMENT FOR YARD WASTE PROCESSING SERVICES THROUGH THE CENTRAL VIRGINIA WASTE MANAGEMENT AUTHORITY On motion of Ms. Jaeckle, seconded by Mr. Gecker, the Board the Board authorized the County Administrator to sign the Special Project Service Agreement with the Central Virginia Waste Management Authority (CVWMA) for yard waste processing services. Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. 8.B.10. APPROVAL OF WATER AND SEWER CONTRACTS 8.B.10.a. FOR OAKDALE RESUBDIVISION On motion of Ms. Jaeckle, seconded by Mr. Gecker, the Board approved a Water and Sewer Contract for Oakdale Resubdivision, Contract Number 07-0170, and authorized the County Administrator to execute any necessary documents. Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. 8.B.10.b. FOR LAKE MARGARET OVERSIZED WATERLINE THROUGH MACLACHLAN SECTION 3 OFFSITE PHASE 1 WATERLINE ACROSS LOT 19 ON AMSTEL BLUFF WAY On motion of Ms. Jaeckle, seconded by Mr. Gecker, the Board approved a Water and Sewer Contract for Lake Margaret Oversized Waterline through MacLachlan Section 3 Offsite Phase 1 Waterline Across Lot 19 on Amstel Bluff Way, Contract Number 14-0081, and authorized the County Administrator to execute any necessary documents. Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. 8.B.11. ACCEPTANCE OF PARCELS OF LAND 8.B.11.a. FOR THE EXTENSION OF WOOLRIDGE ROAD FROM 6801 WOOLRIDGE ROAD-MOSELEY, LP On motion of Ms. Jaeckle, seconded by Mr. Gecker, the Board accepted the conveyance of two parcels of land containing a total of 3.313 acres for the extension of Woolridge Road from 6801 Woolridge Road -Moseley, LP, 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. 15-1057 10/28/15 PE 9 Iq 8.B.11.b. ALONG THE WEST RIGHT OF WAY LINE OF BRANDERMILL PARKWAY FROM ABBERLY CENTERPOINTE, LLC On motion of Ms. Jaeckle, seconded by Mr. Gecker, the Board accepted the conveyance of two parcels of land; one containing 0.12 acres and one containing 0.02 acres along the west right of way line of Brandermill Parkway, State Route 1921 from Abberly Centerpointe, 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.11.c. ALONG EAST HUNDRED ROAD FROM PEPPERWOOD, INCORPORATED On motion of Ms. Jaeckle, seconded by Mr. Gecker, the Board accepted the conveyance of a parcel of land containing 0.08917 acres along East Hundred Road from Pepperwood, Inc., 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.12. AWARD OF CONSTRUCTION CONTRACT FOR ORTHOPHOSPHATE STORAGE TANK AND TRANSFER SYSTEM UPGRADES AT THE SWIFT CREEK WATER TREATMENT PLANT On motion of Ms. Jaeckle, seconded by Mr. Gecker, the Board awarded a Construction Contract for County Project #13-0222, Orthophosphate Storage Tank and Transfer System Upgrades at the Swift Creek Water Treatment Plant to Waco, Inc. in the amount of $434,500, and authorized the County Administrator to execute the necessary documents. (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. REQUESTS FOR PERMISSION 8.B.13.a. FROM BRANDER'S BRIDGE LLC FOR A PROPOSED PRIVACY FENCE TO ENCROACH WITHIN A SIXTEEN -FOOT DRAINAGE EASEMENT ACROSS LOT 6, HARROWGATE MEADOWS, SECTION 3 On motion of Ms. Jaeckle, seconded by Mr. Gecker, the Board granted Brander's Bridge LLC permission for a proposed privacy fence to encroach within a 16' drainage easement across Lot 6, Harrowgate Meadows, Section 3, 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. 15-1058 10/28/15 8.B.13.b. FROM HARISH K. CHANNAIAH AND TANUJA CHANNAIAHA FOR A PROPOSED FENCE TO ENCROACH WITHIN AN EIGHT -FOOT EASEMENT AND A SIXTEEN -FOOT DRAINAGE EASEMENT ACROSS LOT 33, LITTLE TOMAHAWK STATION SUBDIVISION On motion of Ms. Jaeckle, seconded by Mr. Gecker, the Board granted Harish K. Channaiah and Tanuja Channaiah permission for a proposed fence to encroach within an 8' easement and a 16' drainage easement across Lot 33, Little Tomahawk Station Subdivision, 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.13.c. FROM DONALD L. CROOK AND PHYLLIS E. CROOK FOR A PRIVATE WATER SERVICE WITHIN A SIXTEEN -FOOT ALLEY WITHIN PLAN OF CRESCENT PARK TO SERVE PROPERTY ON NORMANDALE AVENUE On motion of Ms. Jaeckle, seconded by Mr. Gecker, the Board granted Donald L. Crook and Phyllis E. Crook permission to install a private water service within a 16, alley within Plan of Crescent Park to serve property at 2807 Normandale Avenue and authorized the County Administrator to execute the water connection 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.13.d. FROM HALLSLEY HOMEOWNERS ASSOCIATION FOR AN ASPHALT TRAIL AND TWO PEDESTRIAN BRIDGES TO ENCROACH WITHIN A SIXTEEN -FOOT SEWER EASEMENT ACROSS OPEN SPACE C, HALLSLEY, SECTION 4 On motion of Ms. Jaeckle, seconded by Mr. Gecker, the Board granted Hallsley Homeowners Association permission for an asphalt trail and two pedestrian bridges to encroach within a 16' sewer easement across open space C, Hallsley, Section 4; 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. 15-1059 10/28/15 9 9 N 8.B.13.e. FROM KAREN C. KERN FOR AN EXISTING AND PROPOSED BOAT DOCK TO ENCROACH IN THE IMPOUNDMENT EASEMENT FOR SWIFT CREEK RESERVOIR, ADJACENT TO LOT 1, A RESUBDIVISION OF LOTS 34 AND 35, SHELTER COVE SUBDIVISION On motion of Ms. Jaeckle, seconded by Mr. Gecker, the Board granted Karen C. Kern permission for an existing and proposed boat dock to encroach in the impoundment easement for Swift Creek Reservoir, adjacent to Lot 1, a Resubdivision of Lots 34 and 35, Shelter Cove Subdivision, 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.13.f. FROM KAREN C. KERN FOR AN EXISTING AND PROPOSED BOAT DOCK TO ENCROACH IN THE IMPOUNDMENT EASEMENT FOR SWIFT CREEK RESERVOIR, ADJACENT TO LOT 27, SHELTER COVE SUBDIVISION On motion of Ms. Jaeckle, seconded by Mr. Gecker, the Board granted Karen C. Kern permission for an existing and proposed boat dock to encroach in the impoundment easement for Swift Creek Reservoir adjacent to Lot 27, Shelter Cove Subdivision, 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.13.g. FROM GARY W. LILLEY, JR. AND KATIE LYNN LILLEY TO INSTALL A PRIVATE WATER SERVICE WITHIN A COUNTY UNIMPROVED RIGHT OF WAY TO SERVE PROPERTY ON CHALKLEY ROAD On motion of Ms. Jaeckle, seconded by Mr. Gecker, the Board granted Gary W. Lilley, Jr. and Katie Lynn Lilley permission to install a private water service within a county unimproved right of way and authorized the County Administrator to execute the water connection 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.13.h. FROM THOMAS A. MORRISON AND KAREN A. MORRISON FOR A PROPOSED BOAT DOCK TO ENCROACH IN THE IMPOUNDMENT EASEMENT FOR SWIFT CREEK RESERVOIR On motion of Ms. Jaeckle, seconded by Mr. Gecker, the Board granted Thomas A. Morrison and Karen A. Morrison 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. 15-1060 10/28/15 8.B.13.i. FROM DAVID SANFORD AND HANNA SANFORD FOR A FENCE TO ENCROACH WITHIN A SIXTEEN -FOOT DRAINAGE EASEMENT ACROSS LOT 27, MAGNOLIA GREEN, SECTION K3 On motion of Ms. Jaeckle, seconded by Mr. Gecker, the Board grant David Sanford and Hanna Sanford permission for a fence to encroach within a 16, drainage easement across Lot 27, Magnolia Green, Section K3; 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.13.j. FROM GARY G. STARR AND KATE W. SLOAN FOR AN ASPHALT DRIVEWAY TO ENCROACH WITHIN A THIRTY-FOOT DRAINAGE EASEMENT ACROSS LOT 50, MOUNT BLANCO ON THE JAMES, SECTION 3 On motion of Ms. Jaeckle, seconded by Mr. Gecker, the Board granted Gary G. Starr and Kate W. Sloan permission for an asphalt driveway to encroach within a 30' drainage easement across Lot 50, Mount Blanco on the James, Section 3; 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.13.k. FROM ROBERT ZINKWICH AND SUSAN ZINKWICH FOR AN EXISTING AND PROPOSED BOAT DOCK TO ENCROACH IN THE IMPOUNDMENT EASEMENT FOR SWIFT CREEK RESERVOIR On motion of Ms. Jaeckle, seconded by Mr. Gecker, the Board granted Robert Zinkwich and Susan Zinkwich 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.14. CONVEYANCE OF AN EASEMENT TO VIRGINIA ELECTRIC AND POWER COMPANY FOR A NEW SERVICE LINE TO THE GYMNASIUM ADDITION AT MONACAN HIGH SCHOOL On motion of Ms. Jaeckle, seconded by Mr. Gecker, 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' underground easement for a new service line to the gymnasium addition at Monacan High School. (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. 15-1061 10/28/15 F] 8.B.15. REQUEST TO QUITCLAIM A PORTION OF A FIFTEEN -FOOT WATER EASEMENT ACROSS THE PROPERTY OF PEPPERWOOD, INCORPORATED On motion of Ms. Jaeckle, seconded by Mr. Gecker, 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 15' water easement across the property of Pepperwood, Inc. (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.16. APPROVAL OF A GRANT AGREEMENT, CONTRACT AND APPROPRIATION OF FUNDS FOR THE PURCHASE OF A SPECIAL PURPOSE PARK ALONG THE JAMES RIVER On motion of Ms. Jaeckle, seconded by Mr. Gecker, the Board approved a grant agreement and contract and appropriate funds for the purchase of a Special Purpose Park along the James River from The Trust for Public Land, authorized the County Administrator to execute the grant agreement, contract and deed. Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. 8.B.17. CANCELLATION OF NOVEMBER 18, 2015 PUBLIC HEARING REGARDING CIVIL ENFORCEMENT PROGRAM FOR VIOLATIONS OF LAW REGARDING PASSING OF A STOPPED SCHOOL BUS In response to Mr. Gecker's request, Mr. Mincks stated state law provides that the Board of Supervisors may adopt an ordinance authorizing the School Board to establish a civil enforcement program to install video cameras on school buses which record violations of the state code prohibiting passing of a stopped school bus. He further stated on issue that has arisen is whether the court summons for violation of the ordinance must be served by a law enforcement officer in person or whether it could be mailed to the violator. He stated the County Attorney's Office concluded that personal service by a law enforcement officer appeared to be required under state law and, earlier this month, the Virginia Attorney General came to the same conclusion. However, he stated this requirement will result in increased costs which the Schools believe renders the program financially unfeasible. He further stated Schools has requested that the item be withdrawn from the Board's consideration at this time. He stated Albemarle County and some other jurisdictions are suspending the program as well. On motion of Ms. Jaeckle, seconded by Mr. Gecker, the Board cancelled the November 18, 2015 public hearing regarding civil enforcement program for violations of law regarding passing of a stopped school bus. Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. 15-1062 10/28/15 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 On motion of Ms. Jaeckle, seconded by Mr. Warren, the Board accepted the following reports: a Report on Developer Water and Sewer Contracts; and a Report on Status of General Fund Balance, Reserve for Future Capital Projects, District Improvement Funds and Lease Purchases. Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. 10. FIFTEEN -MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED MATTERS There were no requests to address the Board at this time. 11. DINNER On motion of Mr. Holland, seconded by Mr. Warren, the Board recessed to dinner in Room 502 with members of the Social Services Board. Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. Reconvening: 12. INVOCATION/MOMENT OF SILENCE The Honorable James M. Holland, Dale District Supervisor, gave the invocation. 13. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Dr. Sheryl Bailey, Deputy County Administrator, led the Pledge of Allegiance to the Flag of the United States of America. 14. RESOLUTIONS 14.A. RECOGNIZING MRS. DEBORAH BAILEY FOR HER CONTRIBUTIONS TO THE BROADWATER COMMUNITY Ms. Pollard introduced Mrs. Bailey, who was present to receive the resolution. 15-1063 10/28/15 9 On motion of Mr. Holland, seconded by Mr. Gecker, the Board adopted the following resolution: WHEREAS, Broadwater Learning Center is a community project that Mrs. Deborah Bailey began about two years ago when she opened the community center to the students who live in the Broadwater Community; and WHEREAS, to support these students, Mrs. Bailey wrote and received a grant that was used to purchase laptops for use in the center; and WHEREAS, Mrs. Bailey worked with the property managers to have Wi-Fi access installed so the students would have access to the Internet while completing their homework and for other projects; and WHEREAS, Mrs. Bailey developed a positive relationship with Colonial Heights Baptist Church that resulted in their Young Adult Life Group providing snacks and volunteers to help with the center; and WHEREAS, Mrs. Bailey also established a partnership with Hargrove, Oliver and Parker, a social work firm, for their staff to come to the center each week to provide small group counseling; and WHEREAS, this year, Mrs. Bailey and other volunteers are working with the Chesterfield County Police Department on a "Hoops for Hope" campaign, which is an effort to improve relations between the Police Department and the community; and WHEREAS, as part of the campaign, police officers will be coming to the learning center to participate in small group discussions as well as play in bi-monthly basketball tournaments with the students; and WHEREAS, Mrs. Bailey, who is the Social Studies Department Chair at Carver Middle School, is to be commended for her dedication, support and commitment not only to her students, but to all students in the Broadwater Community; and WHEREAS, she has made a tremendous contribution to the mental and physical well-being of these students that will positively affect them now and in the future. NOW, THEREFORE, BE IT RESOLVED the Chesterfield County Board of Supervisors, this 28th day of October 2015, publicly recognizes the outstanding contributions of Mrs. Deborah Bailey to the Broadwater Community and expresses the appreciation of all residents for her caring, compassion and commitment to her community. AND, BE IT FURTHER RESOLVED a copy of this resolution be presented to Mrs. Bailey and this resolution be permanently 15-1064 10/28/15 recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. Ms. Jaeckle presented the executed resolution to Mrs. Bailey and expressed appreciation for her tremendous contributions to the Broadwater Community and for her commitment to the community. Mrs. Bailey sincerely thanked the Board for the special recognition and kind sentiments. 14.B. RECOGNIZING MS. MARSHA L. SHARPE, DIRECTOR, CHESTERFIELD -COLONIAL HEIGHTS DEPARTMENT OF SOCIAL SERVICES, FOR HER SERVICE TO CHESTERFIELD COUNTY Ms. Snead introduced Ms. Sharpe, who was present to receive the resolution. On motion of Mr. Holland, seconded by Mr. Gecker, the Board adopted the following resolution: WHEREAS, Ms. Marsha L. Sharpe began her career in social services as a Social Worker I for the Kentucky Department of Child Welfare in Louisville, Kentucky in 1970 and in 1971 was promoted to a Social Worker II where she managed a foster care caseload and provided adoptive placement services; and WHEREAS, from 1983-1990, Ms. Sharpe served as a Benefit Programs Specialist for the Richmond City Department of Social Services, where she conducted interviews and determined eligibility for the residents who applied for public assistance programs such as Medicaid, Aid to Families with Dependent Children and Food Stamps, and from 1990-1993, served as a Benefit Programs Supervisor supervising a team of eight to ten Benefit Program Specialists, ensuring that the work was completed in a timely and accurate manner for public assistance caseloads; and WHEREAS, from 1993-1995, Ms. Sharpe served as a Program Consultant for the Aid to Families with Dependent Children Program, or AFDC, with the Virginia Department of Social Services in Richmond, where she was responsible for interpreting federal and state laws and regulations related to the AFDC Program, drafting state regulations and policy, and training regional specialists who were responsible for training local departments of social services; and WHEREAS, from 1995-2000, Ms. Sharpe served as Manager for the Temporary Assistance for Needy Families Program, or TANF, for the Virginia Department of Social Services, managing the TANF federal block grant of $158 million and the state maintenance of effort funds, developing policy for the administration of the program by 120 local departments of 15-1065 10/28/15 9 9 social services, and developing policy for the Virginia Initiative for Employment Not Welfare Program, or VIEW, while being responsible for program compliance with federal and state laws and regulations; and WHEREAS, from 2000-2009, Ms. Sharpe served as the Assistant Director for Benefit Programs for the Chesterfield - Colonial Heights Department of Social Services, where she managed a variety of public assistance programs, and was responsible for compliance with all federal, state and local fiscal and programmatic requirements; and WHEREAS, in collaboration with the Assistant Director of Social Work, Ms. Sharpe created, implemented and provided oversight of a new and innovative model for delivering integrated intake services; and WHEREAS, in 2009, Ms. Sharpe was appointed Interim Director, and in 2010, permanent Director of the Chesterfield -Colonial Heights Department of Social Services, where she has provided oversight and leadership in the administration of programs and services provided by the department, ensuring that the department's goals are met and excellent customer service is delivered, as well as ensuring compliance with all federal, state and local requirements; and WHEREAS, as director, Ms. Sharpe has developed strong partnerships with state and local staff and officials, other local departments of social services, and community organizations in order to work collaborately to enhance the delivery of services and meet the needs of residents; and WHEREAS, Ms. Sharpe's tenure as director has been notable for a commitment to innovation and excellence as exemplified by a 2014 National Association of Counties Achievement Award for. the Ettrick Medication Assistance Program, which is a public/private partnership that provides assistance to purchase prescription medications for low- income individuals and families in the Ettrick community; and also for the 2015 Virginia Department of Social Services First Annual I3 Innovation Award, which recognized the department's efforts in both customer service and community engagement; and WHEREAS, Ms. Sharpe demonstrated her dedication to continuous learning by taking classes in public administration from Virginia Commonwealth University, while still working full-time, which she completed in 2010, resulting in her achievement of a Master's in Public Administration; and WHEREAS, for many years, Ms. Sharpe was an active member of the Virginia League of Social Services Executives, serving as Co -Chair of the Legislative Committee as well participating on numerous other League committees; and 15-1066 10/28/15 WHEREAS, Ms. Sharpe exemplifies leadership in a caring and mentoring manner that promotes dedicated and successful employees; and WHEREAS, Ms. Sharpe leaves a legacy of exemplary service, characterized by a ceaseless commitment to public service and a tireless advocacy for people in need, while being a good steward of the public trust. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, on this 28th day of October 2015, publicly recognizes the outstanding contributions of Ms. Marsha L. Sharpe, expresses the appreciation of all residents of Chesterfield County for her dedicated service, 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. Sharpe 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. Ms. Jaeckle presented the executed resolution to Ms. Sharpe, expressed appreciation for her leadership, faithful and dedicated service to the county and wished her a very long and enjoyable retirement. Mr. Kollman commended Ms. Sharpe for her steadfast leadership and congratulated her upon her retirement. Mr. Stegmaier also commended Ms. Sharpe for her remarkable dedication to the community and wished her a long and happy retirement. Ms. Sharpe, accompanied by her son, sincerely thanked the Board for the special recognition and kind sentiments. 15. FIFTEEN -MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED MATTERS Mr. Freddy Boisseau, Bermuda District resident, expressed concerns relative to the proposed Bikeways and Trails Plan. Ms. Sandy Brasili, Bermuda District resident, expressed concerns relative to the proposed Bikeways and Trails Plan. Mr. Alan Brasili, Bermuda District resident, expressed concerns relative to the proposed Bikeways and Trails Plan. Ms. Nancy Woolridge, Bermuda District resident, expressed concerns relative to improvements needed at the county's older schools. 15-1067 10/28/15 9 9 9 N The following item was moved at the Chairman's discretion: 17.B. TO CONSIDER THE CLAIM OF SARAH M. KLUG AND MAURY ANN MILLER FOR SURPLUS TAX SALE FUNDS Mr. Mincks stated this date and time has been advertised for the Board to consider the claim of Sarah M. Klug and Maury Ann Miller for surplus tax sale funds. He further stated there is a procedure under the state code when property is sold due to delinquent real estate taxes that the money stays with the Clerk of the Circuit Court. He stated if there is any excess over the tax amount and all the fees from the sale of the property from delinquent taxes and whatever that surplus is goes to the Clerk. He further stated pursuant to state law, since two years had passed with no one coming forward to claim the funds, the surplus was paid to the county by the Clerk of the Circuit Court. He stated the law allows the former owners to request the money from the county after such surplus funds are paid to the county. He further stated the request must be approved and the funds appropriated by the Board after holding a public hearing. Mr. Scott Barney, representing the applicants, stated the foreclosure sale was not done correctly and the proper due diligence was not done to find his clients and recover the surplus funds. He requested to have $120,000 appropriated by the Board to his clients. He noted no jurisdictions have ever denied any of his requests. Mr. Elswick called for public comment. Mr. Freddy Boisseau urged the Board to approve the claim. There being no one else to address the issue, the public hearing was closed. In response to Mr. Gecker's question, Mr. Mincks stated if the Board approved the full amount or any amount that is be subject to the approval of the County Attorney's Office and how the disbursement is handled. Mr. Barney stated he has no problem providing his tax identification number. Mr. Elswick noted the tax owed has been settled with the county. Mr. Elswick then made a motion, seconded by Mr. Warren, for the Board to approve the full amount of $121,086.85 to Ms. Sarah M. Klug and Ms. Maury Ann Miller. Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. 15-1068 10/28/15 16. REQUESTS FOR MANUFACTURED HOME PERMITS AND REZONING PLACED ON THE CONSENT AGENDA TO BE HEARD IN THE FOLLOWING ORDER: - WITHDRAWALS/DEFERRALS - CASES WHERE THE APPLICANT ACCEPTS THE RECOMMENDATION AND THERE IS NO OPPOSITION - CASES WHERE THE APPLICANT DOES NOT ACCEPT THE RECOMMENDATION AND/OR THERE IS PUBLIC OPPOSITION WILL BE HEARD AT SECTION 18 169NO517 In Clover Hill Magisterial District, Scale Development LLC request amendment of zoning (Case 06SN0141) to reduce cash proffers and amendment of zoning district map in a Residential (R-12) District on 23.3 acres fronting the northern terminus of South Twilight Lane, 620 feet north of Spruce Pine Drive. Density will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for Suburban Residential II use (2.0 to 4.0 dwellings per acre). Tax ID 758-696-3777. Mr. Mike Tompkins stated Mr. Warren is requesting that Case 15SN0517 be remanded back to the Planning Commission. Mr. Andy Scherzer, representing the applicant, accepted the remand. Mr. Elswick called for public comment. In response to Mr. Paul Grasewicz's question, Mr. Warren stated Planning staff would be addressing the remand request. He further stated staff brought to his attention that there are some outstanding issues that have not been resolved dealing with architectural designs and cash proffers. Mr. Grasewicz stated the area in question does not meet any of the criteria for warranting a revitalization area. Ms. Cynthia Losen expressed concerns with a possible reduction in cash proffers that would result in less money available for public facilities. There being no one else to speak to the remand, the public hearing was closed. Mr. Warren noted he supports the full cash proffer amount. In response to Mr. Warren's request, Ms. Darla Orr stated at the time of the Planning Commission meeting the applicant had submitted revisions to proffered conditions relative to design standards. She further stated there was discussion and concerns that greater consideration was not given to incentivize quality development for the reduced cash proffers since the property was within the Providence Middle School revitalization area. She stated there was also discussion that a comprehensive strategy in revitalization areas was needed and revitalization efforts should be coordinated in cases where incentives are proposed for development in revitalization areas. She further stated after the meeting the applicant approached staff to see what could be changed 15-1069 10/28/15 9 I F-� M, to warrant some support from the county for a reduction in the cash proffer because of the proposed area. She noted those conversations are ongoing; however, there has been no resolve to that issue. She stated Mr. Warren had indicated his wish to have to case remanded because of changes at the Planning Commission public hearing and for the opportunity for the public to voice their opinions. Mr. Warren stated he plans to remand the case back to the Planning Commission to make sure all issues are resolved. He further stated he is not fond of changes being made after the Planning Commission meeting before it comes before the Board of Supervisors without the public's knowledge. In response to Mr. Warren's question, Mr. Turner stated if the case is remanded by the Board, Planning staff would advertise the meeting for December. He further stated if the Planning Commission were to act on the case in December, it would come before the Board in December as well. On motion of Mr. Warren, seconded by Mr. Holland, the Board remanded Case 16SN0517 to the Planning Commission. Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. 1 9,S1KTnA77 In Clover Hill Magisterial District, Redeemer Lutheran Church requests amendment of conditional use (Case 85SN0055) to permit expansion of a private school and increase the number of students plus a conditional use planned development to permit exceptions to ordinance requirements and amendment of zoning district map in a Residential (R-7) District on 3.9 acres known as 9400 Redbridge 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 751-704-7512. Mr. Tompkins presented a summary of Case 15SN0672 and stated both the Planning Commission and staff recommended approval and acceptance of the proffered conditions. Mr. Andy Scherzer, representing the applicant, accepted the recommendation. Mr. Elswick called for public comment. There being no one to speak to the issue, the public hearing was closed. On motion of Mr. Warren, seconded by Mr. Holland, the Board approved Case 15SN0672 and accepted the following proffered conditions: 1. Master Plan. The Textual Statement dated August 11, 2015 shall be considered the Master Plan. (P) 15-1070 10/28/15 The Applicant hereby deletes Condition 4 and amends Condition 2 of Case 85SN0055 to read as follows: 2. Private School Enrollment. Enrollment shall not exceed one hundred and sixty-five (165). (P) (Staff Note: Except as amended herein, all previous conditions of zoning approved in Case 85SN0055 shall remain in full force and effect.) 3. Perimeter Landscaping Along Arch Road_. For any area where parking is less than fifty (50) feet from the ultimate right-of-way of Arch Road, Perimeter Landscaping C shall be installed in addition to an evergreen shrub hedgerow that is maintained at a height of 3 to 4 feet for the length of parking and drive areas. (P) TEXTUAL STATEMENT 15SN0672 Redeemer Lutheran Church Textual Statement August 11, 2015 Re: Zoning Application for Redeemer Lutheran Church to request a Conditional Use Planned Development to request exceptions to ordinance standards relative to parking area setbacks on Chesterfield County Tax Identification Number 751-704-7512 as set forth herein below. 1. Setback along Arch Road. The setback along Arch Road for parking areas shall be a minimum of 33 feet from the ultimate right-of-way. Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. 16CW0133 In Matoaca Magisterial District, The Landing Development Corporation requests an exception to Section 19.1-524 of the Chesapeake Bay Preservation Act requirements of the Zoning Ordinance to permit encroachment into the Resource Protection Area (RPA) buffer along Swift Creek Reservoir as a result of grading and construction related to a community pavilion and fire pit. The property is located at 4724 Hidden Falls Drive which is within the Swift Creek drainage basin. Tax ID 717- 682-5248. Mr. Tompkins presented a summary of Case 15SN0672 and stated staff recommended approval, subject to the conditions. Ms. Charlene Harper, representing the applicant, accepted the conditions. Mr. Elswick called for public comment. There being no one to speak to the issue, the public hearing was closed. On motion of Mr. Elswick, seconded by Mr. Warren, the Board approved Case 16CW0133, subject to the following conditions: 15-1071 10/28/15 9 9 9 1. The mitigation measures outlined in the document titled Water Quality Impact Assessment, The Landing at Swift Creek, Section 3 prepared by Stewart/HG Engineering last revised October 5, 2015 shall be incorporated and implemented during the plan review process. (EE) 2. The Department of Environmental Engineering may approve alternative mitigation measures if it is determined that such alternatives will not increase impacts to the Resource Protection Area (RPA) or downstream water bodies. (EE) 3. The applicant shall maintain erosion and sediment control measures as required by the Department of Environmental Engineering and ensure preservation of the remaining vegetation. (EE) 4. Approval of this exception is for encroachment into the RPA buffer only and does not guarantee development of the site as explicitly proposed in the WQIA referenced in Condition 1 above. Development of the site is subject to all ordinance requirements, review processes, building permits and/or other requirements currently adopted at the time of plans review. (EE) Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. 16SNO503 In Bermuda Magisterial District, Chip Avery c/o Avery Brothers LLC requests conditional use to permit private fitness center use and amendment of zoning district map in a General Industrial (I-2) District on 2 acres known as 13537 Charlotte Court. Density will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for Corporate Office use. Tax ID 805-649-8125. Mr. Tompkins presented a summary of Case 16SN0503 and stated both the Planning Commission and staff recommended approval and acceptance of the proffered conditions. Mr. Chip Avery accepted the recommendation. Mr. Elswick called for public comment. There being no one to speak to the issue, the public hearing was closed. On motion of Ms. Jaeckle, seconded by Mr. Warren, the Board approved Case 16SNO503 and accepted the following proffered conditions: 1. Use: This Conditional Use approval shall be for the operation of a private fitness center. (P) 2. Time Limitation: This Conditional Use approval shall be granted for a period not to exceed ten (10) years from the date of approval. (P) 15-1072 10/28/15 3. Clients: No more than eighteen (18) clients shall be permitted on the premises at any one time. (P) 4. Hours of Operation: The operation of this use shall be limited to Sunday through Saturday from 6:00 a.m. to 9:00 P.M. (P) Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. 16SN0513 In Bermuda Magisterial District, Enon LLC request amendment of conditional use planned development (Case 07SN0141) to reduce cash proffers and modify garage setbacks and amendment of zoning district map in a Community Business (C-3) District on 56.7 acres fronting 330 feet on the east line of North Enon Church Road, 935 feet north of East Hundred Road. Density will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for Medium -High Density Residential (Minimum 4.0 to 8.0 dwellings per acre) and Industrial uses. Tax IDs 824- 648-6539 and 826-648-3681. Mr. Tompkins presented a summary of Case 16SN0513 and stated both the Planning Commission and staff recommended approval and acceptance of the proffered conditions. Mr. Andy Scherzer, representing the applicant, accepted the recommendation. Mr. Elswick called for public comment. There being no one to speak to the issue, the public hearing was closed. On motion of Ms. Jaeckle, seconded by Mr. Warren, the Board approved Case 16SN0513 and accepted the following proffered conditions: With the approval of this request, Proffered Condition 8 and Textual Statement item III. E of Case 07SN0141 shall be amended as outlined below. All other conditions of Case 07SN0141 shall remain in force and effect. 1. 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 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 cumulative change in the Marshall and Swift Building Cost Index during that time period. 15-1073 10/28/15 F] 9 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) D. Should any impact fees be imposed by the County of Chesterfield at any time during the life of the development that are applicable to the property, the amount paid in cash proffers shall be in lieu of or credited toward, but not be in addition to, any impact fees, in a manner determined by the County. (B&M) 2. Garages. Front loaded attached garages shall be permitted to extend as far forward from the front line of the main dwelling as the front line of the front porch provided that the rooflines of the porch and garage are contiguous. Where the rooflines are not contiguous, garages shall be permitted to project a maximum of two (2) feet forward of the front line of the main dwelling. (P) Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. 16SN0536 In Midlothian Magisterial District, Aura Bowling Deane and Leslie Emory Deane, Jr. request conditional use to permit family day-care home and amendment of zoning district map in a Residential (R-7) District on .2 acre known as 1948 Neptune Drive. Density will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for Suburban Residential II use (2.0 to 4.0 dwellings per acre). Tax ID 745-713-1972. Mr. Tompkins presented a summary of Case 16SN0536 and stated both the Planning Commission and staff recommended approval and acceptance of the proffered conditions. Ms. Aura Deane accepted the recommendation. Mr. Elswick called for public comment. There being no one to speak to the issue, the public hearing was closed. On motion of Mr. Gecker, seconded by Ms. Jaeckle, the Board approved Case 16SN0536 and accepted the following proffered conditions: 1. Non -Transferable Ownership: This conditional use approval shall be granted to and for Leslie Emory and/or Aura Bowling Deane, exclusively, and shall not be transferable, nor run with the land. (P) 15-1074 10/28/15 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 or any children that reside in the home, at any one time. (P) S. Hours of Operation: Hours and days of operation shall be limited to Monday through Friday from 6:30 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 ten (10) 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 and maintained around the equipment or play area. Except for the existing swing set which is located nine and one-half (9.5) feet from the side property line and an existing sand box which is located four (4) feet from the rear property line, all equipment for outdoor play areas shall be located no closer than fifteen (15) feet from the side or rear property lines. Should the swing set or sand box be expanded, relocated or replaced, such play equipment shall be located a minimum fifteen (15) from the side and rear property lines. (P) 8. Employees: No more than one (1) employee 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. 16SN0546 In Midlothian Magisterial District, Barbara J. Corwin requests conditional use to permit a two-family dwelling and amendment of zoning district map in a Residential (R-40) District on 1.2 acres known as 3011 Fawnview Drive. Density will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for Low Density Residential use. Tax ID 744-719- 3011. 15-1075 10/28/15 9 F] 9 Mr. Tompkins presented a summary of Case 16SN0546 and stated both the Planning Commission and staff recommended approval and acceptance of the proffered conditions. Ms. Barbara Corwin accepted the recommendation. Mr. Elswick called for public comment. There being no one to speak to the issue, the public hearing was closed. On motion of Mr. Gecker, seconded by Ms. Jaeckle, the Board approved Case 16SN0546 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. The following zoning case was moved at the discretion of Mr. Gecker: 16SN0542 In Midlothian Magisterial District, AT&T Mobility requests conditional use to permit a communications tower and amendment of zoning district map in a Residential (R-25) District on 9.2 acres fronting 675 feet on the south line of Robious Road, 135 feet west of Corner Rock Road; also fronting 135 feet on the west line of Corner Rock Road, 280 feet south of Robious 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 IDs 734-717-9054 and 735-717-1268 and 2943. Mr. Robert Clay presented a summary of Case 16SN0542 and stated the Planning Commission recommended approval because the tower is a replacement rather than a new tower; monopole rather than a stealth design is more appropriate at the site; and tree preservation will assist in minimizing tower visibility. He further stated staff recommended denial because the use does now comply with the Public Facilities Plan, element of the Comprehensive Plan, and as conditioned the proposal is consistent with the Telecommunications Tower Siting Policy criteria. He noted there was opposition to the case. 15-1076 10/28/15 Mr. Gecker expressed his intention to defer the matter. He stated the communications tower being proposed is in a major residential area within the Robious corridor. He further stated it appears an adjacent neighborhood, River Oaks, was not informed of the proposal. He stated he would like thirty days to meet with River Oaks residents and other communities along the corridor in order to address concerns relative to the matter. Mr. Preston Lloyde, representing the applicant, accepted the deferral. Mr. Elswick called for public comment. Ms. Laverne Anderson expressed concerns relative to the visibility of the tower and the potential negative impact on area schools. There being no one else to speak to the deferral, the public hearing was closed. On motion of Mr. Gecker, seconded by Ms. Jaeckle, the Board deferred Case 16SNO542 until November 18, 2015. Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. 1 69=gn4 In Midlothian Magisterial District, Windswept Development LLC requests amendment of zoning (Cases 14SNO578 and 05SN0329) to increase density, reduce cash proffer, plus relief to street access requirements and amendment of zoning district map in Agricultural (A) and Residential (R-12) District on 50.7 acres fronting the northern terminus of N. Otterdale Road, north of Paddle Creek Drive. Residential use of up to 3.63 units per acre is permitted in the Residential (R-12) District. The Comprehensive Plan suggests the property is appropriate for Low Density Residential use (maximum of 1.0 dwelling per acre). Tax IDs 717-714-5888; 718-713-4861; and 718-714-0248. Ms. Orr presented a summary of Case 16SNO504 and stated the Planning Commission recommended approval of Requests I and II because the proposal addresses development impacts for additional dwellings, with school cash proffer equal to full calculated impacts; density is compatible with area development; and street access exception prevents additional stream crossing. He further stated staff recommended denial of Request I because while the proposal addresses development impacts, it exceeds residential density recommended by the Comprehensive Plan. He stated staff also recommended denial of Request II because there was insufficient justification offered for granting an exception. 15-1077 10/28/15 9 9 Mr. Andy Scherzer, representing the applicant, stated the proposal offers the full cash proffer for additional lots; minimal increase in density over Plan recommendation; and exception to second access will avoid impact on creek and RPA. Mr. Elswick called for public comment. Mr. Paul Grasewicz urged the Board to approve the request. He stated the applicant is offering the full cash proffer for additional lots and density is compatible with area development. There being no one else to speak to the issue, the public hearing was closed. Mr. Gecker made a motion to approve Case 16SN0504. He stated the Board did not give the applicant a break on proffers last time, but paid for the road on the county's property. Mr. Mincks clarified that the Board should vote separately on the zoning and on the road access. Ms. Jaeckle seconded Mr. Gecker's motion. On motion of Mr. Gecker, seconded by Ms. Jaeckle, the Board approved Case 16SN0504 and accepted the following proffered conditions: With the approval of this request, Proffered Condition 3 of Case 05SN0329 and Proffered Condition 3 of Case 14SN0578 shall be amended as outlined below. All other conditions of Cases 05SN0329 and 14SN0578 shall remain in force and effect. Proffered Condition 3 of Case 05SN0329 shall be amended to read as follows: 1. The maximum density of this development shall not exceed sixty-two (62) lots. A maximum of forty- five (45) lots shall be permitted on GPIN 718-713- 4861 and a maximum of seventeen (17) lots shall be permitted on GPIN 718-714-0248 and 717-714-5888. (P) Proffered Condition 3 of Case 14SN0578 shall be amended to read as follows: 2. Cash Proffer: The applicant, sub -divider, or assignee(s) shall pay the following to the County of Chesterfield, for infrastructure improvements within the service district for the property: A. For the first 46 dwelling units, the applicant, sub -divider, or assignee(s) shall pay the following to the County of Chesterfield, prior to the issuance of a certificate of occupancy for infrastructure 15-1078 10/28/15 improvements within the service district for the property, unless state law prevents enforcement of that timing: i. $11,262.00 per dwelling unit, for the period beginning the July 1 preceding the Board of Supervisor's approval of the case through July 1 four years later, as which point the amount will be adjusted for the cumulate change in the Marshall and Swift Building Cost Index during that time period. At the time of payment $11,262.00 will be allocated pro -rata among the facility costs as follows: $1,198.00 for parks and recreation, $310.00 for library facilities, $9,073.00 for schools and $681.00 for fire stations. ii. 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; iii. Cash proffer payments shall be spent for the purposes proffered or as otherwise permitted by law. iv. Should any impact fees be imposed by the County of Chesterfield at any time during the life of the development that are applicable to the property, the amount paid in cash proffers shall be in lieu of or credited toward, but not be in addition to, any impact fees, in a manner determined by the County. (B & M) B. For each dwelling unit in excess of 46, 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: i. $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 cumulative change in the Marshall and Swift Building Cost Index during that time period. The $18,966 will be allocated pro -rata among the facility 15-1079 10/28/15 9 P] P] costs as follows: $9,648.00 for schools, $911.00 for parks and recreation, $215.00 for library facilities, $7,609.00 for roads, and $583.00 for fire stations. ii. 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. iii. Cash proffer payments shall be spent for the purposes proffered or as otherwise permitted by law. iv. Should any impact fees be imposed by the County of Chesterfield at any time during the life of the development that are applicable to the property, the amount paid in cash proffers shall be in lieu of or credited toward, but not be in addition to, any impact fees, in a manner determined by the County. (B & M) Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. Mr. Gecker noted he has never waived the fifty lot rule; however, he will in this particular situation. Mr. Gecker then made a motion, seconded by Ms. Jaeckle, for the Board to approve exception to street access requirements to permit more than fifty (50) lots off of one (1) access to a public road. Mr. Elswick concurred with Mr. Gecker's recommendation. Mr. Elswick called for a vote on the motion of Mr. Gecker, seconded by Ms. Jaeckle, for the Board to approve exception to street access requirements to permit more than fifty (50) lots off of one (1) access to a public road. Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. ISSM0997 In Clover Hill Magisterial District, The Grove at Lucks Lane, LLC request rezoning from Agricultural (A) to Multifamily Residential (R -MF) with conditional use to permit group care facility plus conditional use planned development to permit exceptions to ordinance requirements and amendment of zoning district map on 19.5 acres fronting 930 feet on the north line of Lucks Lane, 550 feet east of Explorer Drive. Density will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for Residential use (2.5 dwellings/acre or less). Tax IDs 740-697-6972; 741-697-2669 and 3625. 15-1080 10/28/15 Ms. Darla Orr presented a summary of Case 15SN0657 and stated the Planning Commission recommended approval because as conditioned, the proposal is compatible with area residential development and is appropriate to support reduced cash proffers for dwelling units licensed as assisted living units. She further stated staff recommended denial because the proposal exceeds residential density suggested as appropriate for the area and it fails to fully address development impacts. She noted an emergency access is planned to Lucks Lane in lieu of a second public road access. She stated the Fire and Transportation Departments must approve the access. Mr. Andy Scherzer, representing the applicant, stated a senior residential development with multi -family dwelling units and group care facility beds is being proposed. He further stated he feels issues and concerns from area residents have been fully addressed. He stated the development would be limited to a maximum of 112 multi -family dwelling units, with 56 proffered units classified as independent living units licensed by the Department of Social Services. He noted the cash proffer policy should consider other impacts from senior housing to include a cash proffer for Fire and EMS. He also noted Lucks Lane has capacity for additional traffic. He stated the applicant has provided relatively attractive architectural design; buffers to eastern neighbors; and a drainage easement. Mr. Elswick called for public comment. Mr. Paul Grasewicz, Clover Hill District, urged the Board to approve the request. He stated while built as complete dwelling units, assisted living units should not be considered dwellings. He noted the senior component will not generate school -aged students. There being no one to speak to the issue, the public hearing was closed. Mr. Warren concurred with the Planning Commission's recommendation to approve the request. Mr. Warren then made a motion, seconded by Mr. Holland, for the Board to approve Case 15SN0657. Ms. Jaeckle noted a lot of senior citizens that reside in area neighborhoods have an opportunity and benefit by moving into assisted living residential care. She recommended modifying the density for an appropriate conditional use for more established areas. Mr. Holland stated the age -wave demographic is growing in Chesterfield County rapidly. He further stated senior residential developments are needed throughout the county. Mr. Gecker stated the Fire and EMS proffer is very low and the proposed type of facility has a much higher demand for emergency services than normal residential areas. He recommended going forward for the Board to work with the Fire Department to discuss the demand modals and see what the 15-1081 10/28/15 Rl� M M dollar amount is appropriate for a facility of this type and have a better understanding of how much of the capacity of existing fire stations are being absorbed. In response to Mr. Elswick's question, Battalion Chief Chambers stated the majority of the demand would be for Emergency Medical Services and would bring in about 56 calls per year. Mr. Warren stated the new Board of Supervisors coming in January needs to give the staff better clarification on defining the cash proffer system because the public may get the wrong impression. He further stated there was a good reason why there was a reduction in the cash proffer relative to the proposal being discussed. He noted there is flexibility built into the system. Mr. Holland concurred with Mr. Warren's remarks. Ms. Jaeckle stressed the importance of having more group care facilities within the county. Mr. Elswick called for a vote on the motion made by Mr. Warren, seconded by Mr. Holland, for the Board to approve Case 15SN0657 and accept the following proffered conditions: 1. Master and Zoning Plans. The Textual Statement, last revised September 2, 2015 and September 15, 2015, and the Zoning Plan, Exhibit A, last revised August 31, 2015 and prepared by Balzer and Associates, Inca shall be considered the Master Plan. Uses shall be located as generally depicted on the Zoning Plan, but the location and size of buildings, parking and amenities may be modified provided the uses generally maintain their relationship with each other and any adjacent properties. A plan for any such Zoning Plan adjustment shall be submitted to the Planning Department for review and approval. Such plan shall be subject to appeal in accordance with provisions of the Zoning Ordinance for site plan appeals. (P) 2. Cash Proffer. A. For each of the 56 dwelling units identified in Textual Statement II.A.1 as Independent Living Units, 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: i. $11,152.00 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 cumulative change in the Marshall and Swift Building Cost Index 15-1082 10/28/15 My during that time period. The $11,152.00 will be allocated pro -rata among the facility costs as follows: $1,091.00 for parks and recreation, $258.00 for library facilities, $9,106.00 for roads, and $697.00 for fire stations. ii. 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. iii. Cash proffer payments shall be spent for the purposes proffered or as otherwise permitted by law. Parks and Recreation Credit: If the developer constructs improvements described in Proffered Condition 15, as determined by the Parks and Recreation Department, the applicant, sub -divider, or assignee(s) shall pay the following to the County of Chesterfield for each of the 56 dwelling units identified in Textual Statement II.A.1 as Independent Living Units, 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: i. $10,400 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 cumulative change in the Marshall and Swift Building Cost Index during that time period. The $10,400 will be allocated pro -rata among the facility costs as follows: $339.00 for parks and recreation, $258.00 for library facilities, $9,106.00 for roads, and $697.00 for fire stations. ii. 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. iii. Cash proffer payments shall be spent for the purposes proffered or as otherwise permitted by law. C. For each of the 56 dwelling units identified in Textual Statement II.A.2 as Assisted Living Units, 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: 15-1083 10/28/15 9 IE i. $697.00 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 cumulative change in the Marshall and Swift Building Cost Index during that time period. The $697.00 will be allocated to the facility costs as follows: $697.00 for fire stations. ii. 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. iii. Cash proffer payments shall be spent for the purposes proffered or as otherwise permitted by law. D. In the event the cash payment is not used for which proffered within 15 years of receipt, the cash shall be returned in full to the payer. E. Should any impact fees be imposed by Chesterfield County at any time during the life of the development that are applicable to the property, the amount paid in cash proffers shall be in lieu of or credited toward, but not be in addition to, any impact fees, in a manner determined by the County. (B&M) 3. Dedication. Prior to any site plan approval, additional right-of-way, as determined by the Transportation Department, on the north side of Lucks Lane, immediately adjacent to the property, shall be dedicated, free and unrestricted, to and for the benefit of Chesterfield County to accommodate a bike lane. (T) 4. Vehicular Access. Direct vehicular access from the property to Lucks Lane shall be limited to one (1) entrance/exit (the "Main Access") and one (1) emergency only access described in the Textual Statement Condition III.C.i. The exact location of these accesses shall be approved by the Transportation Department. (T) 5. Road Improvements. Prior to the issuance of an occupancy permit, the following road improvements shall be completed, as determined by the Transportation Department: A. Construction of additional pavement along Lucks Lane at the Main Access to provide a right turn lane; B. Construction of a bike lane along Lucks Lane adjacent to the proposed right turn lane; C. Construction of a sidewalk along Lucks Lane for the entire property frontage; and 15-1084 10/28/15 D. Dedication to and for the benefit of Chesterfield County, free and unrestricted, of any additional right-of-way (or easements) required for the improvements identified above. (T) 6. Age restriction. Except as otherwise prohibited by the Virginia Fair Housing Law, the Federal Housing Law, and such other applicable federal, state, or local legal requirements, dwelling units shall be restricted to "housing for older persons" as defined in the Virginia Fair Housing Law and shall have no persons under 19 years of age domiciled therein ("Age -Restricted Dwelling Units"). (B&M, P) 7. Street Trees. Street trees shall be installed or preserved and maintained along both sides of the interior roads and common driveways to include public road entrances in accordance with the requirements of the Zoning Ordinance. (P) 8. Internal Landscaping. Landscaping shall be provided and maintained around the perimeter of all buildings, between buildings and driveways, within medians, and within common areas. Landscaping shall comply with the requirements of the Zoning Ordinance Sections 19-516 through 19-518 (f). Landscaping shall be designed to minimize the predominance of building mass and paved areas; define private spaces; and enhance the residential character of the development. The Planning Department, at the time of site plan review, shall approve the landscaping plan with respect to the exact numbers, spacing, arrangement and species of plantings. (P) 9. Lighting. Light poles shall be permitted to have a maximum height of twenty (20) feet, except that any light poles within 200 feet of the eastern property boundary shall have a maximum height of fifteen (15) feet. (P) 10. Architecture. Architectural design shall be generally as shown on Exhibit Band Exhibit C dated May 1, 2015 by Senior Consulting, LLC, Exhibit D dated June 30, 2015 by Senior Consulting LLC, and Exhibit E dated September 2, 2015 by Senior Consulting, LLC, unless otherwise approved by the Planning Commission at time of site plan approval. (P) 11. Buffer. A variable width buffer ranging from between 50 and 100 feet shall be provided and maintained in accordance with Zoning Ordinance requirements for fifty (50) foot buffers along the eastern property boundary as shown in Exhibit A. Existing mature vegetation located within this buffer shall be retained unless removal is approved by the Planning Department during plan review. Preserved vegetation may be substituted for required 15-1085 10/28/15 9 1E F] landscaping materials if approved during plan review. (P) 12. Loading Area. Dumpster service and deliveries shall occur only on the western side of RMF building as generally shown on Exhibit A and shall be limited to between the hours of 7:00 a.m. and 6:00 p.m. (P) 13. Fence. Prior to the issuance of the first building permit, a six (6) foot natural -colored solid vinyl, wood or composite fence shall be installed along the eastern property boundary as shown in Exhibit A. The exact design and treatment shall be approved by the Planning Department at the time of site plan review. The fence shall be maintained in good condition by the Developer. (P) 14. Internal Sidewalks. An eight foot (81) wide shared use public pedestrian/bike path shall be provided within an open space easement running generally north and south through the community connecting Lucks Lane to Monacan High School as identified on Exhibit A. The path shall be 2" SM -9.5 asphalt and over 4" 21-B stone. The remaining sidewalks shall be provided as generally shown on Exhibit A and shall be a minimum of 4 feet wide, with five (5) foot wide bump outs every fifty (50) feet to provide ADA compliance. All sidewalks shall be maintained in good condition by the Developer. (P) 15. Park Access. As determined by the Parks and Recreation Department, prior to the issuance of the first building permit, the applicant shall construct an additional eight foot (81) wide pedestrian/bike trail from the northern boundary line extending approximately 520 linear feet to the gravel road behind the Monacan High School baseball fields as shown on Exhibit A. The path shall be 2" SM -9.5 asphalt and over 4" 21-B stone, with any modifications approved by the Parks and Recreation Department. (P and P&R) 16. Access Easement. Prior to any site plan approval or within ninety (90) days of a request by the Planning Department, an access easement, acceptable to the Planning Department, shall be recorded from the Main Access on Lucks Lane to the adjacent property identified as Tax ID 741-697-6714, as shown on Exhibit A. (P) TEXTUAL STATEMENT I. Uses. Permitted uses shall include the following: 1. Multi -family residential dwelling units 2. Nursing, convalescent and group care facility use 3. Private School provided that: 15-1086 10/28/15 i. Educational lectures/classes shall be permitted for residents incidental to the group care facility use ii. Educational lectures/classes shall be permitted for guests only in conjunction with the lectures/classes offered for residents iii. A maximum of 1,250 square feet in the multi -story multi -family residential building shall be used for educational lectures/classes. II. Density. Multi -family residential dwelling units and group care facility units/beds shall be permitted as generally shown on Exhibit A and as outlined below. The number and location of the various unit and bed types shall be identified on all approved plans: A. A maximum of 112 multi -family residential dwelling units as follows: 1. Independent Living Units. Maximum of 56 dwelling units (26 patio -style dwelling units on the eastern portion of the development and a maximum of 30 dwelling units within the multi -story building on the western portion of the development) 2. Assisted Living Units. Maximum of 56 dwelling units within the multi -story building. These assisted living units will be individual dwelling units. There shall be no units with more than two (2) bedrooms. Residents of these units need assistance with activities of daily living, including but not limited to monitoring activities, medications and health care providers and personal care services. Three meals a day will be provided by a central kitchen/dining area for residents of these units. Furthermore, these units will be licensed as Assisted Living Units by the Virginia Department of Social Services. B. A maximum of 84 group care facility units/beds as follows: 1. Assisted Living Beds. Maximum of 60 beds within the multi -story building located on the western portion of the property. Residents of these units need assistance with activities of daily living, including but not limited to, monitoring activities, medications and health care providers and personal care services. All meals will be provided by a 15-1087 10/28/15 PI 9 9 central kitchen/dining area for residents of these units. Furthermore, these units will be licensed as Assisted Living Units by the Virginia Department of Social Services. 2. Memory Care Beds. Maximum of 24 beds within the multi -story building on the western portion of the property. Residents of these units need care in excess of room and board, including medical, nursing, convalescent or chronic care. Furthermore, these units will be licensed as Assisted Living Units by the Virginia Department of Social Services. III. Development Standards. Development shall comply with the requirements of the Zoning Ordinance for Residential Multi -Family (R -MF) Districts except as follows: A. Four (4) or less attached units: i. Setbacks from roads and property lines. All structures shall be set back a minimum of eight (8) feet from interior private driveways providing access exclusively to parking areas and fifteen (15) feet from all other driveways. There shall be no required setback for structures from any parking space. ii. Distance between buildings. The minimum distance between buildings shall be fifteen (15) feet. iii. Driveways and Parking Areas. All roads, driveways and parking areas shall have concrete curbs and gutters except those driveways that provide access exclusively to parking areas serving individual units. iv. Individual Lot Driveways, Parking Areas and walkways. Individual driveways and parking areas shall be "hardscaped" with asphalt, concrete, or pavers. The exact design and treatment shall be approved at the time of site plan review. (P) V. Front Loaded Garages. The number of units with front loaded garages shall be generally as shown in Exhibit A. So as to minimize the visual impact of garage doors facing the streets, garage doors shall setback a minimum of 10 feet from the front facade. At the time of site plan review, plans depicting these requirements shall be submitted for review and approval. 15-1088 10/28/15 vi. Height. Units shall be limited to one story and 26 feet in height. B. More than four (4) attached units: i. Dwelling units. There shall be no limit to the number of dwelling units permitted on one floor level of a building. (P) ii. Setbacks from roads and property lines. All structures shall be set back a minimum of 15 feet from interior private driveways. If the structure is 30 feet or more in height, the setback may be reduced to 15 feet where adjacent to a fire lane. Structures shall be set back at least 15 feet from any parking space. All structures shall be set back a minimum of 50 feet from all property lines, unless adjacent to another multifamily residential district, in which case a minimum setback of 30 feet shall be maintained. All perimeter yards shall be planted or retain existing vegetation to meet the requirements of Perimeter landscaping C. Apartment buildings constructed along an adjacent or internal public road shall front that road. C. All units: i. Emergency Access. In lieu of a second public access, an emergency access shall be provided from Lucks Lane to the site prior to occupancy of more than fifty (50) units. The location of this emergency access shall be reviewed and approved by the Transportation and Fire Departments. The design and maintenance requirements of this emergency access shall be reviewed and approved by the Fire Department in conjunction with site plan approval. (F & T) ii. Focal Point. A minimum of 0.75 acres of open space/passive recreation area exclusive of water facilities shall be provided generally in the area shown on Exhibit A to provide a "focal point". Part of the area shall be "hardscaped" with asphalt, concrete, or pavers, and have benches and other amenities that accommodate and facilitate gatherings. The focal point shall be developed prior to an issuance of the first certificate of occupancy. The exact design and location shall be approved by the 15-1089 10/28/15 9 9 9 Planning Department at the time of site plan review. (P) iii. Outdoor Recreation Area. Outdoor recreational shall be provided in the form of passive recreation consisting of walking trails throughout the development. (P) Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. 15SN0665 In Dale Magisterial District, Henry E. Myers, Jr. requests rezoning from Agricultural (A) to Community Business (C-3) and amendment of zoning district map on .8 acre located in the northeast corner of Iron Bridge Road and Frith Lane. Density will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for Corporate Office use. Tax ID 769 -663 -Part of 9114. Mr. Ryan Ramsey presented a summary of Case 15SN0665 and stated the Board deferred the case to permit additional time for staff and the applicant to coordinate on possible proffered conditions for the request. He further stated a commercial development is planned for the request property as well as the remainder of the parent parcel that is located to the north which is owned by the applicant and zoned Community Business (C-3). He stated the Planning Commission and staff continue to recommend denial because the request does not address possible impacts of use on area development; does not comply with the Comprehensive Plan; and is incompatible with area office and residential development. Mr. Henry Myers stated he purchased the property sixty years ago and had it zoned to A and B-2 close to fifty years ago. He further stated he has elected to pursue rezoning independent of the remainder of the parent parcel. He stated the parcel needs to be rezoned to permit Neighborhood Business uses. Mr. Elswick called for public comment. Ms. Kay Robertson, resident of Deerfield Estates, urged the Board to deny the case. She expressed concerns relative to proposed uses, increased traffic and loss of vegetation that provides privacy to area neighborhoods and businesses. Mr. Freddy Boisseau, Bermuda District resident, stated the applicant has the right to develop and make use of the proposed property. He asked the Board to approve the rezoning request. There being no one else to speak to the issue, the public hearing was closed. Mr. Holland noted his opposition to the request given that the applicant has not offered to offset any of the development impacts to include environmental and transportation concerns in the sixty-day time period. He stated the Board may choose to remand the case back to the Planning Commission or deny it entirely. 15-1090 10/28/15 Mr. Ben Myers, son of Henry Myers and part owner of the subject property, stated the proposed use compliments what is already zoned for the parent property. He expressed concerns relative to the recommended Conceptual Drainage Study. He noted his family plans to go ahead with the development of the request property. Mr. Holland reiterated his opposition to the request. Mr. Holland then made a motion, seconded by Mr. Warren, for the Board to deny Case 15SN0665. In response to Mr. Holland's question, Mr. Myers stated there is no need to remand the request because he plans to develop the request property. Discussion ensued relative to the possibility of a remand of the request back to the Planning Commission. Mr. Mincks noted if the applicant comes forward with a substantially different application, which may be filed at any time as well. Mr. Holland stated his motion stands as presented. Mr. Gecker stated it is a shame that the applicant is unwilling to treat the case as a combination with the existing zoned Community Business C-3. He expressed the possibility of zoning on the site that could be inappropriate for the corridor. Mr. Elswick called for a vote on the motion made by Mr. Holland, seconded by Mr. Warren, for the Board to deny Case 15SN0665. Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. 17. PUBLIC HEARINGS 17.A. TO CONSIDER AN AMENDMENT TO THE COUNTY CODE RELATED TO THE BOARD OF BUILDING AND FIRE PREVENTION CODE APPEALS Mr. Witt stated this date and time has been advertised for the Board to consider amending Section 5-8 of the County Code relating to the Board of Building and Fire Prevention Code Appeals. He further stated the County Code requires the Building Code Appeals Board to also serve as the Fire Prevention Code Appeals Board. He stated since the Board established in Section 5-8 serves both purposes this update clarifies that the Board must comply with both state regulations concerning Board representation and conduct. Mr. Elswick called for public comment. There being no one to address the issue, the public hearing was closed. On motion of Mr. Gecker, seconded by Mr. Warren, the Board adopted the following ordinance: 15-1091 10/28/15 9 F: 9 AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING AND RE-ENACTING SECTION 5-8 RELATING TO THE NUMBER OF MEMBERS OF THE BOARD OF BUILDING CODE APPEALS AND FIRE PREVENTION CODE APPEALS BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Section 5-8 of the Code of the County of Chesterfield, 1997, as amended, is amended and re-enacted as follows: Sec. 5-8. Board of building code appeals. (a) In accordance with Code of Virginia sections § 36-105 and § 27-98 the county shall at all times maintain a local appeals board that serves as both the local board of building code appeals and the local board of fire prevention code appeals, which shall consist of -14 at least five regular members, and three alternate members to serve in the absence of any regular members. The local appeals board shall hear appeals of decisions of the building/maintenance official concerning application of the Uniform Statewide Building Code and the fire official concerning application of the Statewide Fire Prevention Code. Representation on the Board shall at all times meet the requirements of the USBC and SFPC. The appeals board shall comply with the Appeals sections of the USBC and SFPC. (b) The board of supervisors shall appoint the members of the board of building code appeals and shall set the compensation for its members. (2) That this ordinance shall become effective immediately upon adoption. Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. 17.C. TO CONSIDER CODE AMENDMENTS RELATING TO VARIANCES AND BOARD OF ZONING APPEALS MEETING PROCEDURES Mr. Ray Cash stated this date and time has been advertised for the Board to consider code amendments relating to variances and Board of Zoning Appeals meeting procedures. He further stated the 2015 General Assembly enacted legislation requiring localities to amend their zoning ordinances to change the standards by which the BZA grants a variance. Mr. Elswick called for public comment. There being no one to address the issue, the public hearing was closed. 15-1092 10/28/15 On motion of Mr. Gecker, seconded by Ms. Jaeckle, the Board adopted the following ordinance: AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING AND RE-ENACTING SECTIONS 19.1-12, 19.1-14, 19.1-15 and 19.1-570 OF THE ZONING ORDINANCE RELATING TO VARIANCES AND THE BOARD OF ZONING APPEALS BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Sections 19.1-12, 19.1-14, 19.1-15 and 19.1-570 of the Code of the County of Chesterfield, 1997, as amended, are amended and re-enacted to read as follows: Chapter 19.1 ZONING 000 Sec. 19.1-12. Conditional Use Planned Developments. C•Z•Z•1 B. Use and Development Standards Exceptions. In the case of planned developments, the planning commission may recommend, and the board of supervisors may authorize, specific uses not permitted in the district or exceptions to development standards. 5. Amendment of Conditions. Except as outlined below, amendment of a conditional use planned development's conditions shall occur through the same process as the original approval: • Conditions allowing amendment by the planning commission, staff or others may be amended per the language of the condition; and • Conditions establishing setbacks may be amended through the granting of an administrative variance, provided relief applies solely to a single lot and not the overall area encompassed by the conditional use planned development. Sec. 19.1-14. Administrative Variances. B. Time Period for Acting on Variance. The director of planning shall approve or disapprove an application not less than 21 days after the date of notice of the 15-1093 10/28/15 91 9 I F_� M application nor more than 90 days after the application is received. C. Findings. In granting an administrative variance, the following findings shall be made in writing by the director of planning: • the strict application of the ordinance requirement would produce undue hardship; • the hardship is not shared generally by other properties in the same zoning district and same vicinity; • the variance will not be of substantial detriment to adjacent property; and • the character of the zoning district will not be changed by the variance. D. Conditions. In granting a variance, conditions may be imposed related to the impact of the variance as deemed necessary to substantially secure the objectives of the standards of this chapter. E. Written Decision. The director of planning shall make his decision in writing. The written decision shall include the findings and, where applicable, imposed conditions. A copy of the decision shall be provided to the applicant and any adjacent property owner who responded in writing to the notice. F. Appeals of Director's Decision. An appeal of the director of planning's final decision may be made to the board of zoning appeals in accordance with Section 19.1- 15.B.2. Sec. 19.1-15. Board of Zoning Appeals. A. Generally. 5. Meetings and Procedures. The board shall adopt rules of procedure as deemed necessary to carry out the provisions of this chapter. Ex parte communications and provision of case materials to the applicant, appellant or an aggrieved person shall occur in accordance with the Code of Virginia. Meetings shall be held at the call of the chairman or at such other times as the board may determine. The board shall fix a reasonable time for the hearing of 15-1094 10/28/15 RE an application or appeal and decide the same within 90 days from the date of its first public hearing on the matter, unless the applicant requests or consents to action beyond such time period. The board shall offer an equal amount of presentation time to the applicant, appellant, an aggrieved person, if any, and staff. Meetings shall be open to the public. The presence of 3 members shall be necessary for a quorum. The concurring vote of at least 3 members shall be necessary to reverse a decision of the director or administrative officer, or to decide in favor of an applicant on any matter upon which it is required to pass. The board shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be promptly filed in the office of the board and shall be of public record. The board shall submit a report of its activities to the board of supervisors at least once each year. Powers and Duties. The provisions of this section shall not be construed as granting the board of zoning appeals the power to rezone property or to base decisions on the merits of the purpose and intent of the zoning ordinance. The board of zoning appeals shall have the following powers and duties: l.Variances. a. Standards and Findings for Granting a Variance. The board of zoning appeals shall grant a variance if the applicant proves through a preponderance of evidence that: • a strict application of this chapter would unreasonably restrict use of the property, or the variance would alleviate a hardship due to the physical condition of the property or improvements on the property at the time of the effective date of this chapter, as amended from time to time; • the property was acquired in good faith and any hardship was not created by the applicant; • substantial detriment will not occur to adjacent and nearby properties in the proximity of the geographic area in which the property is located; • the condition, situation or the intended use of the property is not of so general or recurring a nature 15-1095 10/28/15 PE 9 R: as to make reasonably practicable the formulation of a general regulation to be adopted as an amendment to this chapter; • the application will not allow a use that is not otherwise permitted on the property, or change the zoning district classification for the property; and • the relief is not available through an administrative variance, special exception or conditional use. _ b. Conditions and Guarantees. A building permitted by a variance may only be expanded if the expansion is in accordance with the provisions of this chapter unless an additional variance is obtained. In granting a variance, the board may impose conditions regarding the location, character and other features of the proposed structure or use as deemed necessary in the public interest. The board may also require a guarantee or bond to ensure that the conditions are satisfied. 2. Appeals. The decision on an appeal of administrative decisions as permitted in Sections 19.1-5. and 19.1.4. shall be based upon the board's judgment as to whether the administrative decision was correct. Appeals shall be conducted in accordance with the Code of Virginia. The board may reverse or affirm, wholly or partly, or may modify, an order, requirement, decision or determination. 000 D. Sec. 19-570. Definitions. For the purposes of this chapter, the following words and phrases shall have the following meanings: * Variance: An exception.granted by the board of zoning appeals to allow a reasonable deviation from those provisions of this chapter regulating the shape, size or area of a lot, or the size, height, area, bulk or location of a building or structure, when the strict application of the ordinance would unreasonably restrict the use of the property, the need for the variance is not shared generally by other properties, and the variance is not contrary to the purpose of this chapter. (2) That this ordinance shall become effective immediately upon adoption. Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. 15-1096 10/28/15 17.D. TO CONSIDER THE FY2017 TRANSPORTATION ALTERNATIVES PROJECTS Mr. Smith stated this date and time has been advertised for a public hearing for the Board to consider the FY2017 Transportation Alternatives Program Projects. He further stated the Board is requested to adopt a resolution of support for the projects, upon approval by VDOT, appropriate up to $1,026,000 in anticipated VDOT reimbursement, and appropriate and/or transfer up to $205,200 in local match 1141 funds. In response to Ms. Jaeckle's question, Mr. Smith stated funding was received from Curtis Street to Hyde Park Drive; however, funding was not received for Harrow Drive to North Street and Cougar Trail. He stated the two projects were a little over $1 million and only $400,000 was received for funding. He noted historically $500,000 is expected -per year. Mr. Elswick called for public comment. There being no one to speak to the issue, the public hearing was closed. On motion of Mr. Gecker, seconded by Mr. Holland, for the Board to approve adoption of the resolution requesting VDOT approval and guaranteeing the local match for the Bailey Bridge Road (Battlecreek Drive to Manchester High School) Sidewalk Project, and the Spring Run Road (Brockett Drive to Spring Run Elementary) Sidewalk Project. Mr. Elswick stated that afternoon the Board was updated on the recent Bike/Walk to School Day. He further stated the transportation projects open up three schools for the opportunity to bike and/or walk to and from school. Mr. Elswick then called for a vote on the motion of Mr. Gecker, seconded by Mr. Holland, the Board adopted the following resolution requesting VDOT approval and guaranteeing the local match for the Bailey Bridge Road (Battlecreek Drive to Manchester High School) Sidewalk Project, and the Spring Run Road (Brockett Drive to Spring Run Elementary) Sidewalk Project: WHEREAS, it is necessary that the local governing body request, by resolution, approval of a proposed transportation alternatives project. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Chesterfield County requests the Commonwealth Transportation Board provide funding for the Bailey Bridge Road (Battlecreek Drive to Manchester High School) Sidewalk project and the Spring Run Road (Brockett Drive to Spring Run Elementary) Sidewalk project. AND, BE IT FURTHER RESOLVED that the Board hereby agrees to pay 20 percent of the total estimated cost of $900,000 for construction of the Bailey Bridge Road (Battlecreek Drive to Manchester High School) Sidewalk project, and 20 percent of the total estimated cost of $126,000 for construction of the Spring Run Road (Brockett Drive to Spring Run Elementary) Sidewalk project. Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. 15-1097 10/28/15 Mr. Holland expressed appreciation for the addition of sidewalks on Cogbill Road. He stated he has a constituent who has requested improvements for Belmont Road to Whitepine Road. 17.E. TO CONSIDER AN AMENDMENT TO THE COUNTY CODE RELATED TO ADDING MID -LOTHIAN MINES PARK TO THE LIST OF COUNTY FACILITIES WHERE ALCOHOL CAN BE SERVED Mr. Golden stated this date and time has been advertised for the Board to consider an amendment to the County Code related to adding Mid -Lothian Mines Park to the list of county facilities where alcohol can be served. Mr. Elswick called for public comment. Mr. Peppy Jones, Executive Director of the Mid -Lothian Mines and Rail Roads Foundation, urged the Board to approve the request. There being no one else to address the issue, the public hearing was closed. On motion of Mr. Gecker, seconded by Ms. Jaeckle, the Board adopted the following ordinance: AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING AND RE-ENACTING SECTION 14-23 RELATING TO USE OF ALCOHOL ON PUBLIC PROPERTY BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Section 14-23 of the Code of the County of Chesterfield, 1997, as amended, is amended and re-enacted to read as follows: Sec. 14-23. - Drinking alcoholic beverages, or tendering same to another, in a county park or at other county facilities. (a) No person shall possess opened alcoholic beverage containers or drink an alcoholic beverage or tender a drink of an alcoholic beverage to another in a county park provided, however, that alcoholic beverages may be consumed at an event held at the following locations: Mid -Lothian Mines, Henricus, Eppington, Castlewood, Magnolia Grange, the senior center at Huguenot Park, and at the county government complex at specific locations approved and as conditioned by the board of supervisors and county libraries as approved and conditioned by the board of supervisors, and after obtaining a valid banquet license issued by the state department of alcohol beverage control and agreeing to comply with the terms of a special permit issued by the county administrator. The county department of parks and recreation shall promulgate regulations for the issuance of permits authorized by this section. 15-1098 10/28/15 (b) No person shall possess opened alcoholic beverage containers on any county property used for a school or on any street, road, or highway located in the county. (c) Violation of this section shall constitute a class 4 misdemeanor. (2) That this ordinance shall become effective immediately upon adoption. Ayes: Nays: Absent 17.F. Elswick, Jaeckle, Holland and Gecker. None. Warren. TO CONSIDER AN APPLICATION FOR WASTE MATERIAL MANAGEMENT AND DISPOSAL BY SHOOSMITH BROTHERS, INCORPORATED TO USE THE QUARRY AS A LANDFILL Mr. Dupler stated this date and time has been advertised for the Board to consider an application for waste material management and disposal by Shoosmith Brothers, Incorporated to use the quarry as a landfill. He further stated the history of the landfill involves two large parcels and noted the first parcel was zoned in 1976. He noted it did permit out-of-state trash and that parcel is currently in use today and accepting out-of-state trash. He stated the second large parcel was a 1997 zoning case that was approved by the board and it is the subject area that contains the quarry. He further stated it allowed in-state trash only, and with respect to the quarry and the use of the quarry as a landfill, placed two conditions on that use: 1) it would not be allowed for ten years from the date of the rezoning before the county or DEQ could consider it for use as a landfill and 2) that all quarry operations must cease within the quarry if the county was going to use it as a landfill. He stated in 1999, the county undertook another public hearing process for the siting of the landfill. He further stated under county ordinances and the zoning, the county was required to approve the 1997 zoning case site for use as a landfill. He stated previous board of supervisors did that in 1999 and approved the entire site for use as a landfill, including the quarry. He further stated they also, at that time, approved operation for all portions of the landfill other than the quarry; however, they did not entertain any discussion about using the quarry portion of the landfill on that parcel really because one of the zoning conditions said that that could not be done for ten years and because the applicant, as a result of that zoning condition, did not request consideration of that at the time. He stated early this summer in July, DEQ held a public hearing to introduce and begin DEQ's process of issuing a permit for Shoosmith Brothers, Inc. to place, or to actually convert the quarry into a landfill. He noted the county provided testimony to the DEQ, along with a number of citizens. He stated at that time, the county indicated that there was an approval process required by zoning that 15-1099 10/28/15 F] Shoosmith Brothers, Inc. would be required to go through before they were in compliance with the zoning and that staff believed it was premature for any actions to be taken on issuance of a permit at that time. He further stated staff subsequently reinforced this in a letter to DEQ regarding the zoning and indicated that a condition of zoning required our approval prior to any operation within the quarry portion of the landfill, and staff believes DEQ has heard that message and staff have had some feedback from DEQ that they are looking for county approval prior to issuing a permit. He stated staff asked for 90 days in order for the process to play out for the county to take a good look at the quarry, its operation and design and be able to reach the kind of decision that is expected under the zoning for this parcel, and DEQ did grant an extension of the public comment period through October 30, 2015. He further stated comments are due this Friday, October 30, to DEQ by 5 p.m. He stated county review and approval is required once a completed application by Shoosmith Brothers is submitted. He noted there is a rather detailed list of submissions that are required for a permit of this type. He stated ordinance mandates that the board take action within 90 days on this application. He further stated a public hearing is not mandated and was not anticipated in the zoning process that got us to this point. He stated it is only right to allow the public to come out and comment on this before the board entertains this permit. He further stated the purpose is two -fold tonight - one is to receive public comments regarding the design and operation of quarry landfill. He stated the second is to receive input for incorporation into public comments to send to DEQ. He further stated the first one is on the physical decision that you will have to make in terms of the operation of a landfill in the quarry and then the second purpose is, and what comments does the board wish to send to DEQ regarding this matter. Mr. Rob Key, Director of General Services, stated in order to provide insight for the Board into the highly complex technical requirements of constructing and operating a landfill and quarry, the county hired an independent engineering consultant that specializes in this area, Golder Associates. He further stated the applicant has been working with DEQ for some time and this past summer, they submitted documents for the county's review and during the same timeframe, DEQ sent the county the draft permit modification. He stated staff reviewed the requirements of the conditional use permit and the ordinance requirements and held a number of meetings between the county's engineering consultant and Shoosmith's team to complete the review. He further stated the process included a full review of the original design documents with Golder's expert assistance, and in order to ensure that Golder had a complete understanding, Shoosmith and their engineers met with county staff and Golder, answering questions and reviewing details of the documents. He stated in the course of those meetings, staff presented Golder's recommendations to Shoosmith and their design and operations team in order to improve that design. He further stated the extensive review completed is driven by the County 15-1100 10/28/15 Code requirement, the language which creates the standard to be met. He stated the purpose of the review was to assist the county in determining if the design meets the standard. He further stated Golder Associates having reviewed the documents in depth and having met with Shoosmith's design engineers a number of times in order to ask questions and clarify their understanding of the engineering documents, made a number of recommendations to add safeguards and redundancies to the design, as originally submitted. He stated these recommendations are extensive and has put in significant additional safeguards for protective of water resources and for odor management. He further stated their report is posted on the county website, along with the summary table of the added safeguards. He stated Shoosmith has agreed to all of the additional safeguards, which are being memorialized in the county's comments to DEQ. To assure enforcement, he stated the county is having the appropriate requirements included in the Utilities Department's pretreatment permit and in the solid waste permit requirements. He further stated staff believes that the standard can only be met with the additional safeguards in place in the permits. He noted it is not his intention to review each and every summary item, just to note that the document is available, summarizing the extensive engineering documentation in the event that the public does not wish to read the 100 -plus documents that are on the website, which includes the back -and -forth between our engineering team and their engineering team. In response to Mr. Elswick's question, Mr. Key stated the county's legal team has a listing of all the requirements that are being requested that is being put into the commitment letter. He further stated the public comment period ends on Friday. He stated a copy of the county's comments is incorporated into the commitment letter. In response to Mr. Elswick's questions, Mr. Dupler stated staff's understanding is that Shoosmith who is up next will present a document that represents the county engineer's comments and the response to them in terms of what is going to be done and that there is agreement between the county and SCS Engineers that these are appropriate. He noted staff does not want to pre -guess or pre -judge what the board may do, and if the board adds additional things beyond what is in this letter, staff will include those comments in the response to DEQ. He stated the county's comments parallel Golder's recommendations. Mr. Stegmaier clarified that it will not necessarily be the limit of the county's comments. He stated, besides other things that the board may ask to be included, we also have the option of including, for example, all of the comments received from the public as part of that submittal to DEQ as well. Mr. Mincks noted including the transcript of this public hearing is important. 15-1101 10/28/15 9 9 M Mr. Holland stated the public hearing is critically important so those comments that we receive tonight will be included with the board's recommendation for Friday and that is why the public hearing and the comments from the citizens are so important. Mr. Brennen Keene, representing the applicant, introduced a number of people here tonight that are available to answer questions on specific issues - Ms. Andrea Wertzel, his co- counsel, with Troutman Saunders, who has been involved with the DEQ permitting and is available for questions about the DEQ permitting process; Mr. Fletcher Kelly the Vice President of Shoosmith Brothers; Mr. Bruce Kobel, the landfill manager; Mr. Bob Dick, project director with SCS Engineers, the engineering firm for Shoosmith; Mr. Charles Warren, Senior Project Engineer with SCS; and Dr. Laura Green with Green Toxicology who is here to answer any questions about health issues. He stated the scope of the request is very straightforward. He further stated as a result of discussions with staff coming out of the DEQ permitting process, Shoosmith filed an application for Article VIII approval. He further stated the conditional use permit was decided in 1997 and those conditions are in full force and effect. He stated the siting approval for the entire landfill area, including the quarry, which was a technical approval done by the board in 1999, is in effect and valid. He further stated the original quarry was permitted in 1965 and subject to an amendment in 1966 dealing with the depth of the quarry. He stated in 1976 the original landfill was permitted, and in 1997, the additional property was added for expansion of the landfill, and this was the 1997 permit area. He further stated the board imposed certain conditions that were relevant to this permit, one that requires the submission of an annual health risk assessment, and the interesting thing is that the health risk assessment is required to be submitted by an independent consultant to the county each year by Shoosmith is subject to the same standard of review that is for the Article VIII permit. He noted there were a lot of proffered conditions, 25 separate proffered conditions from the original landfill case. He stated much of the conditions had to do with berms and buffering dealing with public roads, setbacks along Swift Creek, protection of Swift Creek, a number of conditions that were proffered, pages and pages of proffers, intended to be protective of public health and safety and welfare. He further stated there was a specific commitment for monitoring of Swift Creek that passes along the boundary of this property and there is a monitoring plan that was required. He stated that monitoring plan has been approved and has been followed dutifully since it was approved by the county staff. He further stated it requires in -stream monitoring, orderly up and downstream of the landfill, with the results of the monitoring done by an independent company, the results provided to the county, and an annual report of those results provided to the county, and to this date, those results have shown no degradation of Swift Creek as a result of the landfill. He further stated in addition, all reports required to be submitted to DEQ have to be submitted to the county, so there is a redundancy there, and the county had access to the DEQ permitting process, special access to ensure that the county was involved in that process. He stated in 1999, the siting approval was for a tire expansion area of the landfill and the application included very specific and detailed information involving location hydrology, engineering data, operations plans, 15-1102 10/28/15 groundwater monitoring, leachate collection specifications and post -closure plans - a very detailed application. He further stated in 2011, Shoosmith filed its permit amendment for disposal in the quarry area, and for purposes of this process going forward, for consistency with the documents that have been submitted to DEQ. He stated at the time of the application, Shoosmith had ongoing discussions with county staff and area neighbors regarding the permit, the application, and ongoing landfill operations. He further stated a Shoosmith-created outreach group meets on a regular basis that Shoosmith has voluntarily been involved with, and the purpose of that group is to provide feedback and for engagement with the community so Shoosmith can get that feedback and address that feedback. He stated Shoosmith has worked diligently to address concerns with county staff and by Golder, and as a result of the recommendations made by Golder, Shoosmith has agreed to accept those conditions. He further stated the Golder recommendations were extensive and were redundant measures to provide additional safety within the quarry pit. He stated the grading control plan, the measurement analysis for grading control, was a big part of the Golder recommendations. He further stated the measurement, analysis, storage and management of leachate, for instance, one of the concerns was that the recirculation of leachate, which is a common practice in the landfill to help speed up the decay of waste, also creates heat, and there was some concern that that heat may create problems within the landfill. He stated Shoosmith said they were not going to recirculate leachate. He further stated use of vertical wells, as well as horizontal wells, to capture gas and get the gas out of the landfill; additional safety measures for the construction of the landfill regarding how the seams are put together and how the landfill is constructed; additional groundwater monitoring requirements; additional safety measures around the rim of the facility to ensure safety and security; and provisions to require consistency with the county's Conditional Use Permit. He stated he believes that Golder's conclusion is consistent with the judgment of DEQ in its issuance of the draft permit and there are a number of justifications for approval of the application pending, other than the technical merits. He. provided details of Shoosmith's economic viability and stated the landfill provides a long-term reliable and low-cost option for waste disposal in the county, which is important for economic development. He stated the available and reliable economical waste disposal is very important to helping the county retain and attract businesses, particularly manufacturing and industrial businesses. He further stated INGENCO invested $5 million to put a landfill gas power generation facility on the landfill property, and they did that based upon the fact that there is going to be a long-term gas supply from the landfill as it grows and it produces more and more landfill gas. He asked that the board consider the application and accept the reasoned, professional judgments of DEQ, and approve this Article VIII application as posing no substantial present or potential danger to the health, safety and welfare of any person or the environment. In response to Mr. Holland's question, Mr. Keene stated the SCS Engineers' letter of October 28, 2015, was filed with DEQ today. 15-1103 10/28/15 9 9 FIA Mr. Elswick called for public comment. Mr. Bob Olsen, a Midlothian District resident, stated Ms. Jaeckle needs to remove herself from the meeting for a financial conflict of interest. He further stated Ms. Jaeckle has received campaign contributions of $550, running unopposed, from Shoosmith Corporation. He expressed concerns relative to all chemical items coming out of the leachate that is coming out of the Shoosmith landfill. He stated the testing that is done outside of the dump, along Swift Creek, does not test for these items. He further stated the proper testing under the 1997 zoning is not being done and expressed concerns regarding the ownership of the landfill. He urged the Board to protect the citizens of Chesterfield County. Mr. Edward Ring stated back when the permit was changed to allow out-of-state garbage, the citizens of Chesterfield and the board never requested taxation authority over the landfill. He suggested asking the General Assembly for taxation authority so that out-of-state garbage can be taxed and adopting a condition to test Swift Creek for heavy metals. He asked the board to defer action on the matter until those things have come to fruition and have Shoosmith let the citizens know 90 days before they start construction. Mr. Tony Cesentani expressed concerns relative to air pollution, water pollution, land pollution, noise pollution and high-risk of contamination. He stated county roads are deteriorating and dirty with trash from the trucks traveling on major throughways; fly ash is being dumped in the landfill; and noise pollution continues almost 24-7 from heavy equipment and gun shots. He urged the Board to deny the request. Mr. Gary Troxell, resident of the Highlands, stated previous boards have repeatedly authorized the expansion despite the harm to the common -good and harm to the growth of the county. He further stated the landfill like this does not belong in the midst of a densely populated residential and retail area. He stated the Golder report clearly states that liners leak and with those leak toxins such as chromium and arsenic, and coal fly ash disposed of in the landfill can flow into the ground water. He stated the current Shoosmith landfill operation for the proposed quarry expansion clearly poses a substantial present or potential danger to the welfare of many citizens. Ms. Lisa Mansfield expressed concerns relative to truck traffic that continues to grow at an alarming rate, buzzards the landfill attracts, and the smell of the trash the dump emits. She stated the residents of Chesterfield County who have lived with the negative impact of the landfill for longer than its original lifespan deserve to have the set closed date. She further stated the landfill should not be expanded so that one company can continue to grow and make money. 15-1104 10/28/15 Mr. John Barabee, Dale District resident, expressed concerns relative to his quality of living being compromised and degraded; thousands of seagulls and buzzards swarming and defecating on homes and driveways; obnoxious odors of the exposed garbage; and the constant high level of noise from the heavy equipment operating 12-16 hours each day. He stated there is little or no demand for homes in close proximity to that dump and low demand equates to lower values for sellers and compromises homeowners' investments, assessed values and eventually county revenue. Mr. John Knec, Dale District resident, urged the Board to deny Shoosmith's request. He stated granting Shoosmith a permit to use the additional capacity in that quarry would likely result in the significant increase in the amount of out-of-state waste. He suggested that Chesterfield impose a very high tax or fee on any out-of-state waste to make it difficult for out of state localities to use the landfill in Chesterfield in the future. Mr. Ray Walsh, Dale District resident, stated when the management of that landfill changed and the existing organization came in, residents saw a big difference in terms of their responsiveness and their proactive effort to try and control what certainly is a difficult situation. He further stated Shoosmith has created an outreach group where they try to interact with the local citizens in the different subdivisions. He stated he does not have a strong opinion on whether to accept their proposal, but he gives them credit for the effort they have put through since they took over control of that operation. Ms. Karen Holmes, resident of Arbor Landing stated the odor is a consistent issue and problem to the point of her family not being able to enjoy being outdoors on many days during the year and there have been some days in the last couple of years that her eyes have actually burned because of the air quality. She urged the Board to consider denying the application to expand into the quarry. Mr. Barry Moore expressed concerns relative to the expansion of the landfill into the quarry and increased truck traffic. He stated Ironbridge Road has changed and it is not an industrial area, it is residential. He urged the Board to deny the request. Mr. Tim Gilbert, resident of the Highlands, stated his neighbors have trouble breathing; they do not like the smell; they do not like the noise; and they do not like the sight. He expressed concerns with the expansion of the landfill into the quarry and the potential for the expelling of contaminates. He urged the Board to deny the request. Mr. Bill Busby, Arbor Landing resident, expressed concerns relative to the increased number of buzzards circling his neighborhood because of the landfill. He stated the landfill does not belong in the middle of a densely populated area. He 15-1105 10/28/15 9 9 noted a petition signed by Arbor Landing's homeowner association board members and over 160 residents was delivered to board members last week. He stated the petition lists numerous reasons that the Arbor Landing residents believe the expansion should be denied. He urged the Board to deny the request. Ms. Celeste Busby, Arbor Landing resident, expressed concerns relative to increased traffic on Route 10 and the expansion of the landfill. She stated the landfill does not belong in a densely populated area. She urged the Board to deny the request for the landfill to expand into the quarry. Mr. Matthew Holmes, resident of Arbor Landing, stated the smell of the Shoosmith Brothers landfill is unbearable. He expressed concerns with the expansion of the landfill into the quarry. He urged the Board to deny the request. Mr. Tom Watson urged the board deny the Shoosmith Brothers, Incorporated request to begin operation in the quarry. He requested the county to propose an ordinance requiring full disclosure of the proximity to the landfill and all real estate transactions within a five -mile radius of the landfill noting that this might also reduce the number of future complaints. Mr. Bill Woodfin, Matoaca District resident, expressed concerns relative to the request to expand the landfill into the quarry. He questioned the compliance history with DEQ from Shoosmith, the amount of consent orders they have had in the last several years, and how much they have paid in fines. Mr. Terry Petze urged the Board to deny the request to expand the landfill into the quarry. He expressed concerns relative to the health and welfare of county citizens. Ms. Margaret Warren, Arbor Landing resident, expressed concerns relative to the odor emitted by the landfill. She urged the Board to consider the health of county residents and how they want to be able to enjoy their community both inside and out. Mr. Rodney Martin, a Midlothian District resident, expressed concerns relative to the lack of information and data provided by staff relative to the issue. He inquired about the infringement of property rights on citizens living in close proximity of the landfill. Mr. Freddy Boisseau, a Bermuda District resident, expressed concerns relative to the placement of the landfill in a residential area and the acceptance of out of state trash. He inquired about the infringement of property rights on citizens living in close proximity of the landfill. Mr. Duncan Holmes stated the landfill already has a tremendous amount of garbage in it and has a tremendous amount of leachate that comes out of it. He expressed concerns with decreasing property values, noise and air 15-1106 10/28/15 pollution and heavy truck traffic. He stated he sees no benefit for the county residents or from taxation of the people who are actually working at the dump that justifies the kind of risks that the county is taking in continuing to maintain the dump in its current location. He urged the Board to close the landfill as soon as possible. Mr. Tom Pakurar, a Clover Hill District resident, expressed concerns relative to water quality and the health and welfare I'Viof county residents. He urged the Board to avoid the legacy issue and deny expansion of the landfill into the quarry. Mr. Larry Robertson, a Dale District resident, expressed concerns relative to Swift Creek water and well water contamination caused by the landfill. He urged the Board to deny the request to expand the landfill into the quarry. Mr. Tony Lash, owner of Lucky Dog Industry, stated he currently has a contract with Shoosmith for garbage transfer. He further stated he brings about 4 to 600 tons of recyclable materials to Shoosmith and about 300 tons of municipal solid waste. He stated he would prefer to see the landfill stay open or he would have to move his company elsewhere. Mr. Elswick expressed appreciation to those citizens who voiced their opinions. He stated he knows that each and every one spoke from their heart, and the board listened very intently to what they had to say. Mr. Keene stated, when this area is completed, out-of-state waste will discontinue coming into the landfill. With regard to the string testing, he stated the string testing protocol was a plan that was submitted to the county, approved by the county, and has been in process. He further stated Shoosmith has always been willing to engage in discussions about how to review their procedures and to make improvements. He further stated when Mr. Jack Shoosmith sold his shares in Shoosmith Brothers to Mr. Tony Lucas; there was confirmation that that was consistent with the conditions from the county and the transaction when Mr. Kelly and his partners bought the shares of Shoosmith Brothers was also consistent with the conditions. He noted it is not a violation of the Conditional Use Permit in 1997. In regards to the comment letter, he stated the incorporation of Golder's recommendations was done by Shoosmith so as to ensure that those comments got into the record before the comment period closes on Friday. He further stated that was done by Shoosmith as a good -faith action to take those comments it had already received from the county's consultant and incorporate them into the permit, without understanding how this process would turn out. He stated it was done by Shoosmith in order to make sure that those comments got into the record and had the weight of the applicant asking for those changes, which is something that DEQ has to seriously consider. 15-1107 10/28/15 Mr. Holland stated the '97 zoning case means this condition or use permit shall be granted to and for the operation of a solid waste management facility by Shoosmith Brothers, Inc. He further stated it shall not be transferable nor run with the land. In response to Mr. Holland's question, Mr. Keene stated Shoosmith Brothers, Inc., which is the entity that owned the property in 1997, owned the property when Tony Lucas acquired the shares in Shoosmith Brothers, Inc., and owned the property when Mr. Kelly and his partners acquired the shares of Shoosmith Brothers, Inc., is still the owner. He further stated it is still the same entity, it just has different ownership of the shares of the entity. In response to Mr. Elswick's question, Mr. Mincks stated what Mr. Keene is correct. He further stated this same issue came up in a real estate assessment case that the county had with Shoosmith, and the court ruled that, as long as the entity Shoosmith Brothers, Inc. was retained, the shares of stock could be sold in that company. He noted that is not the same as transferring to another company. In response to Mr. Gecker's questions, Mr. Keene stated Cell 28 is into the design phase. He further stated Golder has reviewed the designs. In response to Mr. Gecker's question, Mr. Williams stated Golder believes Cell 28 can be designed, constructed and operated such that it would impose no substantial present or potential danger provided Shoosmith meets the recommendations that Golder provided to the county at the time, that this facility can be conducted and operated in a manner that will be protective of human health and the environment. He further stated if Shoosmith constructs it the way Golder has recommended it should meet the substantial standards. He stated the design has been reviewed; however, the changes that were proposed to be incorporated into a new design have not be reviewed. Mr. Holland expressed his appreciation to all of the citizens who came out from Arbor Landing, as well as from The Highlands and Woodland Pond subdivisions. He stated one of the highest responsibilities he has is to make sure that the safety, health and welfare of every citizen is very well protected. He further stated as a CPA, he is always concerned about costs and investments and how that relates. He stated the study, as presented, does not really address those issues of substantial present or potential danger to the health, safety or welfare of any person. He further stated he needs some more time to digest all the comments, to discuss it, and to evaluate it. He noted he does not believe the board has enough data to grant the request at this time. He expressed concerns relative to pollution, contamination, heavy metal testing, major concerns regarding the general health, and the welfare and safety of county citizens. He noted there are other impacts that have not been discussed, such as the 15-1108 10/28/15 impact of major storms and/or earthquakes to the quarry. He stated he is not prepared to agree with Golder's study and wants to analyze the situation. He further stated what he has heard tonight gives him great pause, great concern, regarding the welfare of the citizens of Dale and Chesterfield County. In response to Mr. Elswick's question, Mr. Dupler stated one option is to have a transcript prepared of the comments the Board heard tonight and forward those as comments on behalf of the citizens of our county to DEQ. He further stated he believes it would be relatively difficult to get a transcript to the board before the comments are due on Friday. Mr. Elswick stated the board needs to decide, are they comfortable enough with what the public said and what Golder has recommended that we accept, or does the board want that in the public comment documents from Chesterfield? Mr. Mincks stated the transcript of the public hearing plus all of the documents that were filed by speakers with the board ought to be part of the documents, plus the Golder report. He further stated the Board also needs to send a statement to DEQ that explains to them where the Board is procedurally; the position would be that until the board makes the decision on the permit, the county cannot certify that Shoosmith is in compliance with zoning and DEQ needs to know our position on that. In response to Mr. Gecker's question, Mr. Mincks stated if the board does not certify, DEQ cannot issue the permit and has concurred in that regard. Mr. Holland recommended the .inclusion of a transcript, pinned to the appropriate reports from Golder and others, to ensure that their comments are recorded, documented and are read by DEQ. In response to Mr. Elswick's question, Mr. Mincks stated the comments made by the various board members during this conversation will also be part of that transcript. Mr. Holland concurred with Mr. Elswick's recommendation. Mr. Mincks recommended including the transcript, plus a summary that staff would put together for DEQ where staff believes we are procedurally and what we think that means legally. Mr. Gecker concurred with Mr. Mincks' recommendation. He stated he is not sure the board members made comments toward these specific issues at this point. In response to Mr. Elswick's question, Mr. Mincks stated the board can also submit questions, as well as comments, to DEQ. Mr. Gecker concurred. 15-1109 10/28/15 W: 9 Mr. Holland stated specifically the questions that Mr. Woodfin mentioned, should be asked and clarified. He further stated those questions need to be answered, and the board needs this information before making a decision at the appropriate time. In response to Mr. Elswick's question, Mr. Mincks stated Mr. Keene actually indicated previously that he has already filed with DEQ. He further stated that would be necessarily something to confirm, but by their filing that with DEQ and filing their willingness to abide by that, then that would be ultimately part of the permit that DEQ would issue with a recommendation of the board. Mr. Holland made a motion to add the public comments transcript as stated this evening, as well as the associated reports, included in the filings with DEQ. In response to Mr. Gecker's question, Mr. Holland stated a transcription or a summary of the comments done by staff would be sufficient. He further stated transcripts are usually more appropriate. Mr. Gecker stated there is a time pressure here for staff. In response to Mr. Holland's question regarding transcription, Ms. Blakley stated it could be done. Mr. Mincks stated other offices could assist in the transcription process. He further recommended including a summary of the county's legal position on where the board stands, and include also what DEQ has already filed with, that was represented was already filed with DEQ. Mr. Holland concurred. In response to Mr. Elswick's question, Mr. Mincks stated a transcription of the hearing would be sent to DEQ. Mr. Stegmaier stated not a transcription, but the actual video. In response to Mr. Elswick's question, Mr. Mincks stated the A/V of the meeting could be submitted as part of the public comment; however DEQ is going to want to see it in writing. Mr. Holland stated his motion has been modified to include the comments by the attorney, as stated, to include video, as well as the transcription, whatever is feasible. Mr. Warren seconded Mr. Holland's motion, as amended. In response to Ms. Jaeckle's question, Mr. Mincks stated DEQ does need comments in writing. He further stated a video copy of the proceedings will also be submitted. Discussion ensued relative to the submission to DEQ. 15-1110 10/28/15 Mr. Elswick called for a vote on the motion made by Mr. Holland, seconded by Mr. Warren, for the Board to transmit to the Department of Environmental Quality (DEQ) a summary of the county's legal position, a Report from Golder Associates, and a verbatim transcript of the public hearing related to Shoosmith Brothers, Inc.'s application for waste material management and disposal to use the quarry as a landfill, as well as copies of all written hand-outs provided by speakers at the public hearing. Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. On motion of Mr. Gecker, seconded by Mr. Holland, the Board deferred consideration of Shoosmith Brothers, Inc.'s application for waste material management and disposal to use the quarry as a landfill until November, 18, 2015. Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. 17.G. TO CONSIDER THE EXERCISE OF EMINENT DOMAIN FOR THE ACQUISITION OF RIGHT-OF-WAY, A PERMANENT SLOPE EASEMENT, A PERMANENT DRAINAGE EASEMENT, AND A TEMPORARY CONSTRUCTION EASEMENT FOR THE ROUTE 60 (ALVERSER DRIVE TO OLD BUCKINGHAM ROAD) WIDENING PROJECT ACROSS PROPERTY AT 12001 MIDLOTHIAN TURNPIKE Mr. Smith stated this date and time has been advertised for the Board to consider the exercise of eminent domain for the acquisition of right-of-way, a permanent slope easement, a permanent drainage easement, and a temporary construction easement for the Route 60 (Alverser Drive to Old Buckingham Road) Widening Project across property at 12001 Midlothian Turnpike. Mr. Elswick called for public comment. There being no one to address the issue, the public hearing was closed. Mr. Mincks noted since the item was presented past 11:00 p.m., the Board would need to suspend its rules in order to consider the matter. On motion of Mr. Gecker, seconded by Mr. Warren, the Board suspended its rules to allow for consideration of the matter after 11:00 p.m. Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. In response to Mr. Gecker's question, Mr. Smith stated the property owner, PBH, LLC, has no objection to the issue. 15-1111 10/28/15 On motion of Mr. Gecker, seconded by Mr. Warren, the Board approved the exercise of eminent domain for the acquisition of right-of-way, a permanent slope easement, a permanent drainage easement, and a temporary construction easement for the Route 60 (Alverser Drive to Old Buckingham Road) Widening Project across property at 12001 Midlothian Turnpike, GPIN 73870807000. Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. 18. REMAINING MANUFACTURED HOME PERMITS AND ZONING REQUESTS There were no remaining requests for manufactured home permits or rezoning at this time. 19. FIFTEEN -MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED MATTERS Mr. Rodney Martin expressed concerns relative to various county/school issues. 20. ADJOURNMENT On motion of Mr. Gecker, seconded by Mr. Warren, the Board adjourned at 11:20 p.m. until November 18, 2015. Ayes: Elswick, Warren, Jaeckle, Holland and Gecker. Nays: None. Ste aier ��/ames oun Administrator 15-1112 Step & �AE�lswick Chairman 10/28/15 9 9