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2017-10-25 MinutesBOARD OF SUPERVISORS MINUTES October 25, 2017 Supervisors in Attendance: " Ms. Dorothy A. Jaeckle, Chair Ms. Leslie A. T. Haley, Vice Chair Mr. Christopher M. Winslow Mr. James M. Holland Mr. Stephen A. Elswick Dr. Joseph P. Casey County Administrator Ms. Jaeckle called the meeting to order at 3:02 p.m. 1. APPROVAL OF MINUTES 1.A. SEPTEMBER 27, 2017 REGULAR MEETING I.B. OCTOBER 11, 2017 MEETING TO INTERVIEW CANDIDATES FOR POLICE CHIEF I.C. AMENDMENTS TO JULY 26, 2017 MINUTES On motion of Mr. Winslow, seconded by Ms. Haley, the Board approved the minutes of the September 27, 2017 regular meeting and the October 11, 2017 meeting to interview candidates for Police Chief. And, further, the Board approved the following amendments to July 26, 2017 minutes: CASE 13SN0529 FROM: "New Proffered Condition 5 is hereby provided: 5. Development Standards for Residential Townhouses. Development of the RTH portion of the Property for townhomes where Townhouse Residential (R-TH) uses are permitted shall be in general conformance with the architectural appearance shown on the eight elevations attached hereto as Exhibit A." TO: "New Proffered Condition 5 is hereby provided: 5. Development Standards for Residential Townhouses. Development of the RTH portion of the Property for townhomes where Townhouse Residential (R-TH) uses are permitted shall be in general conformance with the architectural appearance ,shown on the eight elevations attached hereto as Exhibit A and to the standards set forth below." 17-1180 10/25/17 CASE 17SN0794 FROM: "10. Street Lighting. Street lights shall be decorate and residential in character with a non -glare design. Light poles shall have a maximum height of fifteen (15) feet and shall be located generally along the- Public Roads as approved by the Planning Department. (P)" TO: "10. Street Lighting. -Street lights shall be decoratit residential in character with a non -glare design. poles shall have a maximum height of fifteen (15) and shall be located generally along the Public as approved by the Planning Department. (P)" Ayes: Jaeckle, Haley, Winslow, Holland and Elswick. Nays: None. 2. REQUESTS TO POSTPONE AGENDA ITEMS AND ADDITIONS, DELETIONS OR CHANGES IN THE ORDER OF PRESENTATION e and Light f eet Roads On motion of Mr. Winslow, seconded by Ms. Haley, the Board deleted Item 12.B.7.c.1., Transfer of District Improvement Funds from the Bermuda District Improvement Fund to the Parks and Recreation Department to Purchase and Install a Scoreboard on the Athletic Field at Point of Rocks Park, and approved the agenda as•amended. Ayes: Jaeckle, Haley, Winslow, Holland and Elswick. Nays: None. 3. WORK SESSIONS 3.A. EVERY DAY EXCELLENCE - LARCENY HEROIN PROGRAM (VACO ACHIEVEMENT AWARD WINNER) Interim Chief Dan Kelly shared information with the Board of Supervisors about the county's Larceny/Heroin Investigative Group, which recently was recognized with NACo and VACo awards. He stated the Larceny/Heroin Investigative Group was created with the mission of identifying individuals involved in larceny/shoplifting while focusing on arrest or interdiction of services for those in need of addiction treatment. He further stated the group's success was from detectives developing working relationships with retail business partners by facilitating meetings with loss prevention professionals and the creation of the polarcenyinvgroup@chesterfield.gov email. He stated during the first three months, the Larceny/Heroin Group investigated 226 cases, clearing 141. He further stated the surge and creation of the group had an immediate impact with media, metro law enforcement partners, county partners, and metro businesses' loss prevention professionals. In closing, he reviewed the Chesterfield County Police Department heroin overdose statistics. Questions and discussion ensued from Board members and various Model County Government students relative to the information presented by Colonel Kelly. 17-1181 10/25/17 3.B. MODEL COUNTY GOVERNMENT Ms. Jana Carter recognized the young people in attendance who were .participating in the Model County Government program. She stated the Model County Government- program is an opportunity for high-school government students to learn more about their local government. She further stated each student attends a Board of Supervisors' meeting, participates in a public -engagement session hosted by the School Board, and shadows a county or school leader. She stated the program is made possible through a partnership between Citizen Information and Resources and the school's Instructional Specialist for Social Studies. Each student stood and introduced themselves and shared which county/school leader they shadowed. 3.C. COMMITTEE ON THE FUTURE'S REPORT PRESENTATION Ms. Wendy Austin, Chair of the Committee on the Future, accompanied by' Mr. Dick Jacobs, Vice Chair,. presented the committee's current report, Promoting Future Financial Independence for all Chesterfield Residents, which focuses on addressing growing financial insecurity and the impact it will have on all county residents. She stated the current report provides recommendations for addressing the trends that lead to concerns about county residents' household financial security because while the county's economy is currently thriving as a whole, trends indicate that financial security is decreasing across the county and will continue to do so into the future. She further stated change in poverty and financial insecurity not only impacts specific individuals and families, it impacts all residents and all parts of the county by a number of factors. She then reviewed specific recommendations of the committee which include fostering opportunities for residents to build positive social capital as a way of achieving and sustaining personal, family and community financial independence; ensuring all Chesterfield County communities are high -opportunity communities; ensuring an environment that develops human capital to attract, retain and increase the number of employers that provide jobs that lead to financial independence; and fostering opportunities' that enable residents to build. assets. In closing, she stated the committee recognizes that successful outcomes of these recommendations require .that county leadership develop practices and mechanisms to qualify, evaluate and communicate progress across community sectors, including local government, on increasing financial security. Mr. Winslow commended the committee for its extensive and informative report. Mr. Jacobs, stated the report is fairly unique and the committee has gained a lot of valuable input as new members have been incorporated. Mr. Holland and Ms. Jaeckle concurred with Mr. Winslow's remarks and stressed the importance of sustaining financial independency. 17-1182 10/25/17 Dr. Casey noted staff will begin to analyze implementation strategies of the committee's recommendations and report back to the Board of Supervisors. At this time, the second group of Model County Government students stood and introduced themselves and shared which county/school leader they shadowed. 3.D. INTRODUCTION OF NEW PLANNING DIRECTOR Dr. Casey introduced Mr. Andrew Gillies, the new Planning Director, who comes to Chesterfield with more than 30 years in planning and community development experience. He stated Mr. Gillies has worked for municipalities in Texas and Kentucky, and has experience in the private sector. Mr. Gillies thanked Dr. Casey and the Board members for the warm welcome and stated he is eager to get started in his new capacity as Planning Director. 3.E. PLANNING COMMISSION'S ANNUAL REPORT PRESENTATION Mr. Gib Sloan, Chairman of the Planning Commission, joined by Mr. Mike Tompkins, Assistant Planning Director, provided an update to the Board of Supervisors regarding the Planning Commission's annual report. He stated the report contains a snapshot of the county, a listing of actions taken by the Commission on various land development applications, a summary of code amendments and other accomplishments. He further stated he had hoped to present the report to the Board of Supervisors at an earlier time; however, the Commission is dealing with the challenge -of reviewing zoning cases within the regular review period such that customer service does not suffer and to allow the community time to comment on the cases. Ms. Jaeckle noted many applications are denied because those particular zoning requests do not fit into the community. In response to Ms. Haley's request, Mr. Tompkins stated staff will pursue publishing the Planning Commission's annual report and more detailed monthly productivity information on the county's website in the future. Dr. Casey stated there are some elements within the report that can feed into Budget's local economic indicators which is published on a monthly basis. Mr. Holland commended the Planning Commission for their informative annual report and improvement in processes. He also expressed concerns relative to the deferral of zoning cases at the expense of cost efficiencies and savings. Mr. Winslow also highly praised the Planning Commission for their improvement in processes and value in customer service. Ms. Jaeckle concurred with Board members' comments. 17-1183 10/25/17 3.F. COMMUNITY SERVICES BOARD PRESENTATION Mr. Tyler Craddock, Chairman of the Community Services Board, recognized members of the CSB who were in attendance. Ms. Debbie Burcham provided an update to the Board of Supervisors providing information concerning numbers services, funding streams, revenue and expenditures, and agency highlights and challenges on behalf of the Community Services Board. She stated the mission of the agency is to promote wellness and an improved quality of life for Chesterfield residents through exceptional and comprehensive behavioral health and developmental services. She further stated in FY2017, the number of .residents served was up by approximately 600 people and the number of services provided have increased by over 400 from FY2016. She stated revenue has increased by approximately $2 million in Medicaid which is due to the re -design of the Medicaid Waiver. She further stated there is- also an increase in Medicaid coverage with the GAP program for those with serious mental illness and the ARTS program that covers those with substance use disorders. Regarding the Community Services Board strategic initiatives, she stated Same Day Access is going strong and has been a game changer in terms of better services to the community and to the culture within the organization. She then reviewed the Integrated Care Project and different standards of care. In regard to heroin/opioid interventions, she stated the agency launched a new service last year that provides more intensive intervention on an outpatient basis providing nine hours of individual and group therapy weekly. She further stated the OTP-R grant will allow to opportunity for peer support and case management to individuals serviced by clinics, and also provide some public education for the community. In response to Ms. Jaeckle's questions, Ms. Burcham stated follow-up is anticipated for the 20 individuals who have served in the treatment program for Methadone/Suboxone replacement therapy._ She further stated she hopes to hear more information at the Opioid Conference relative to the future collection of data for Community Services Boards. Regarding jail mental health services, Ms. Burcham stated working with the Sheriff and his staff, the jail mental health services have also been robust since staff were hired in January of this year. In response to Mr. Elswick's question, Ms. Burcham stated she believes the jail mental health program is viable; however, more time and outcome data is needed to determine the program's success. Discussion ensued relative to the efficiency of the jail mental health program. Ms.. Burcham then highlighted suicide awareness and rates and stated the Chesterfield Suicide Awareness and Prevention Coalition is a partnership between Chesterfield County, and private, non -private organizations, HCA, and other businesses. She stated their mission is to increase coordination of suicide prevention, and increase awareness with the goal to educate the public through programs, outreach and media efforts. 17-1184 10/25/17 In response to Ms. Jaeckle's question, Ms. Burcham stated in 2014, the office of the chief medical examiner reported that Chesterfield's suicide rate was 14.7/100,000 which is higher than the region and higher than Virginia's average of 13/100,000. In response to Mr. Holland's question, Ms. Burcham stated contact is only made to families of individuals who have committed suicide if they seek Chesterfield's services. In response to Ms. Jaeckle's question, Ms. Burcham stated she could provide her information relative to suicide rates for teen girls in Chesterfield County in 2015. In response to Mr. Elswick's question, Ms. Burcham stated she would pursue the possibility of running suicide Public Service Announcements in local movie theaters. Regarding new expectations and changes in funding, Ms. Burcham stated the Department of Medicaid Assistance Services has moved toward managed care with the launch of the Commonwealth Coordinated Care Plus program and ARTS for substance use disorders. She further stated this is creating challenges in terms of authorization and reimbursement and will lead to reimbursement based on provider performance as well as more administrative oversight. In response to Mr. Elswick's question, Ms. Burcham stated there are more coordinated and collaborative efforts at the state level relative to mental health care services for veterans. Discussion ensued relative to unidentified funding to support services that will be mandated in 2021 by the General Assembly. In closing, Ms. Burcham shared a -success story about a family who entered the Families First program. She also recognized members of the Mental Health Department who were in attendance. Mr. Holland commended Ms. Burcham for her enlightening report. Mr. Elswick explained the meaning of unfunded mandates to the Model County Government students. 4. REPORTS 4.A. REPORT OF PLANNING COMMISSION SUBSTANTIAL ACCORD DETERMINATION FOR CHESTERFIELD COUNTY PUBLIC SCHOOLS (CASE 18PD0126) TO PERMIT AN ELEMENTARY SCHOOL IN AN AGRICULTURAL (A) DISTRICT LOCATED IN THE MATOACA DISTRICT (REPLACEMENT OF MATOACA ELEMENTARY SCHOOL) The Board took no action on the following report: a Report of Planning Commission Substantial Accord Determination for Chesterfield County Public Schools (Case 18PD0126) to Permit an Elementary School in an Agricultural (A) District Located in the Matoaca District (Replacement of Matoaca Elementary School) . Mr. Haasch explained the meaning of Substantial Accord Determination to the Model County Government students. 17-1185 10/25/17 5. FIFTEEN -MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED MATTERS Mr. Steven Smith addressed the Board regarding the establishment. of the Henricus Colledge in 1619 and also shared information about the Virginia Company Charter. 6. DINNER On motion of Mr. Winslow, seconded by Ms. Jaeckle, the Board recessed to dinner in Room 502 with Community Services Board members. Ayes: Jaeckle, Haley, Winslow, Holland and Elswick. Nays: None. Reconvening: 7. INVOCATION The Honorable Dorothy Jaeckle, Board of Supervisors Chair, gave the invocation. 8. PLEDGE OF,ALLEGIANCE Eagle Scout Dylan Blanton led the Pledge of Allegiance to the Flag of the United States of America. 9. COUNTY ADMINISTRATION UPDATE 9.A. EVERY DAY EXCELLENCE - UTILITY'OF THE FUTURE TODAY AWARD Dr. Casey recognized Mr. George Hayes, Mr. Scott Morris, 'Mr. Jeff McBride and Mr. Scott Hall from the Utilities Department and congratulated them. for receiving the Utility of the Future Today award. He stated the award recognizes utilities across the United States that are . forward -thinking, innovative and provide resilient and value-added service to communities. He further stated Chesterfield was specifically recognized for its energy -conservation measures at the wastewater treatment plants. Mr. Hayes expressed his appreciation for' the special recognition and stated staff worked extremely hard to keep operational costs low for customers while still being responsible protectors of the environment. Ms. Jaeckle thanked Mr. Hayes and Utilities staff for their tremendous efforts. Mr. Hayes then -provided an update to the Board of Supervisors regarding the county's water supply and voluntary water restrictions. He stated in response to the lack of significant rainfall in the area and the low water level* of the James River, Chesterfield is implementing voluntary water conservation measures. He further stated lawn irrigation plays a major role in water usage and asked Chesterfield customers to limit lawn watering to three days per week. 17-1186 10/25/17 9.B. ANNUAL REPORT PRESENTATION - COMMUNICATIONS AND MEDIA Ms. Susan Pollard provided an overview of the county's annual report to the Board of Supervisors. She stated the report is based on fiscal year 2017, which runs from July 2016 through June 2017, and highlights some of the departments that contribute to Chesterfield County being an outstanding place to live, work and play. She further stated the report is highly interactive and engaging with links to videos, along with links to webpages on chesterfield.gov. In response to Mr. Holland's question, Ms. Pollard stated the Government Citizens Academy has been successful and noted the Board would recognize the graduates of the Academy at this evening's meeting. 9.C. PROPOSED 2018 LEGISLATIVE PROGRAM Ms. Mary Ann Curtin reviewed the proposed 2018 county's legislation program with the Board of Supervisors. She stated the county's proposed guiding principles include maintaining quality public education and public safety, provide quality of life consistent with community expectations, and maintain local autonomy. Regarding issues and concerns, she stated because this is a K-12 rebenchmarking year, the state will need about $492 million over the biennium for the state to meet its obligation under the rebenchmarking. She further stated the state budget will also have other big bills coming which include Medicaid reinforcement due to enrollment increases and a required deposit of $272.5 million to the rainy -day fund. In addition, she stated the rating agencies are pressuring the state to expand their cash reserves. She also highlighted other issues and concerns relative to new wireless infrastructure; tax reform proposals; short-term rentals; and checkbook on-line. She stated legislative requests to consider supporting include maintaining K-12 funding and flexibility in use of K-12 funding; transportation funding; and stormwater funding. She further stated legislative requests to consider opposing include any elimination or reduction of local revenue sources; additional mandates/cost shift; and limitations/caps on local land use authorities. In closing, she provided the upcoming legislative schedule. Mr. Holland stated he hopes the legislative delegation would share their knowledge of any new bills and/or mandates that might affect the county prior to introducing them to the General Assembly. He requested further information relative to state debt and cost structure as it relates to the county's budget. Mr. Elswick agreed with Mr. Holland's requests. In response to Mr. Elswick's question, Ms. Curtin stated the state posts expenditures online; however, it is not in a checkbook format. 17-1187 10/25/17- t i 9.D. SMART SCALE UPDATE AND TRANSPORTATION FUNDING PRIORITIES Mr. Jesse Smith provided an update to the Board of Supervisors regarding transportation funding and Smart Scale projects. He stated 33 transportation projects were submitted for consideration which were divided into 3 separate categories: primary and interstate projects, revenue sharing projects and other projects. He then reviewed the remaining projects that were not approved for state funding. In response to Ms. Jaeckle's question, Mr. Smith stated a real-time adaptive light signalization system has been implemented in Northern Virginia. Mr. Smith then reviewed the eight suggested transportation project requests. He stated areas were selected that can Compete for state funding. He noted Regional Surface Transportation Program (RSTP) and Congestion Mitigation and Air Quality (CMAQ) funding will also be considered as a source for future transportation projects. Mr. Winslow expressed his appreciation to Mr. Smith for his efforts relative to funding priorities.' Mr. Elswick requested not removing any transportation projects from the list and considering the Woolridge Road extension as a high priority. In response to Mr. Elswick's request, Mr. Smith stated the Woolridge Road extension is a current revenue sharing project and is ineligible for SMART Scale .funding. He further stated if an improvement is proffered by,a developer the project can no longer be submitted for funding. Mr. Holland stressed the importance of the Nash Road extension which will significantly enhance traffic movement in the area, as well as Route 1 pedestrian improvements which will provide a safe avenue for residents. In response to Mr. Holland's question, Mr. Smith stated the Commonwealth Transportation Board reduced a funding match from $10 million to $5 million. Ms. Haley stressed the importance of traffic signalization and safety regulations at specific county interchanges. 9.E. OTHER COUNTY ADMINISTRATION UPDATES Ms. Chris Ruth shared information with the Board of Supervisors regarding the upcoming 1917 Courthouse Centennial Celebration. She stated the program will mark the 100th anniversary of the Historic 1917 Courthouse. She further stated the commemoration will include a reenactment of one of the first court cases heard at the courthouse, living history displays, unveiling of a new interpretive sign on .the Courthouse Green, ringing of the new, courthouse bell and unveiling of the restored original 1749.bell, on display at the Chesterfield County Museum. She noted the event would be held on October 26 at 2:00 p.m. and recognized members of the Chesterfield County Centennial Committee, who were in attendance. 17-1188 10/25/17 Ms. Jaeckle expressed her appreciation to committee members and all volunteers who made the celebration possible. 10. BOARD MEMBER REPORTS Mr. Holland reported he attended the Galloway Place Open House on October 12. He also announced the Dale District will hold two community meetings on October 26 at Meadowbrook High School at 7:00 p.m. and on October 31 at Meadowdale Library at 1:30 p.m. regarding the Chesterfield County proposed FY2019 budget outlook. Mr. Elswick expressed his appreciation to those citizens who have attended community meetings, as well as county staff for their presentations. Ms. Haley announced the Midlothian District held a community meeting on October 18 regarding the Chesterfield County proposed FY2019 budget outlook and a joint community meeting on September 28, with Mr. Winslow regarding economic development. She also announced she attended the Magnificent Midlothian Food Festival on October 7. Mr. Winslow announced the Clover Hill District held a community meeting on October 23 regarding the Chesterfield County proposed FY2019 budget outlook. He also reported the Richmond Regional Transportation Planning Organization unanimously approved Chesterfield's application to receive RSTP funds to build a sidewalk along Old Hundred Road across from Swift Creek Middle School. Ms. Jaeckle announced she, Dr. Casey and fellow Board members attended the Chester Kiwanis Club's picnic for Vietnam veterans on October 4 at the County Fairgrounds. 11. RESOLUTIONS AND SPECIAL RECOGNITIONS 11.A. RECOGNIZING BOY SCOUTS UPON ATTAINING THE RANK OF EAGLE SCOUT Ms. Pollard introduced Mr. James Edward Kenimer, Mr. Dylan Ray Blanton, Mr. John Robert Schunder, III and Mr. Austin Scott Cramer, who were present to receive the resolution. On motion of Mr. Holland, seconded by Mr. Elswick, the Board adopted the following resolution: WHEREAS, the Boy Scouts of America was incorporated by Mr. William D. Boyce on February 8, 1910, and was chartered by Congress in 1916; and WHEREAS, the Boy Scouts of America was founded to build character, provide citizenship training and promote physical fitness; and WHEREAS, after earning at least 21 merit badges in a wide variety of skills including leadership, service and outdoor life, serving in a leadership position in a troop, carrying out a service project beneficial to their community, being active in the troop, demonstrating Scout spirit, and living up to the Scout Oath and Law, Mr. James Edward 17-1189 10/25/17 Kenimer, Troop 819, sponsored by Saint John's Episcopal Church; Mr. Dylan Ray Blanton, Troop 2894, sponsored by Saint David's Episcopal Church; Mr. John Robert Schunder III, Troop 2860, sponsored by Woodlake United Methodist Church; and Mr. Austin Scott Cramer, Troop 1829, sponsored by Saint Matthias Episcopal Church, have accomplished those high standards of commitment and have reached the long -sought goal of Eagle Scout, which is received by only four percent of those individuals entering the Scouting movement; and WHEREAS, growing through their experiences in Scouting, learning the, lessons of responsible citizenship, and endeavoring to prepare themselves for a role as leaders in society, James, Dylan, Trey and Austin have distinguished themselves as members of a new generation of prepared _young citizens of whom we can all be very proud. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 25th day of October 2017, publicly recognizes Mr. James Edward Kenimer, Mr. Dylan Ray Blanton, Mr. John Robert Schunder III, and Mr.. Austin Scott Cramer, extends congratulations on their attainment of Eagle Scout, and acknowledges the good fortune of the county to have such outstanding young men as its citizens. Ayes: Jaeckle, Haley, Winslow, Holland and Elswick. Nays: None. Ms. Jaeckle, Ms. Haley and Mr. Winslow presented the executed resolutions and patches to each Eagle Scout, accompanied by members of their families, congratulated them on their outstanding achievements and wished them well in future endeavors. Each Eagle Scout provided details of their Eagle Scout project and expressed appreciation to their families and friends for their support. 11.B. RECOGNIZING PARTICIPANTS IN THE FALL 2017 GOVERNMENT CITIZENS ACADEMY Ms. Susan Pollard stated on September 12, 2017, the fall Government Citizens Academy began. She further stated this is the county's second Government Citizens Academy. She stated it is a new tool that started in the spring of 2017, to enhance and grow the county's communications .efforts and increase engagement. She further stated the Government Citizens Academy provides a hands-on learning opportunity where citizens may provide feedback about how the county is doing. She stated through interactive sessions and tours of facilities, residents get a comprehensive look at how and why programs and services are provided. She further stated in 2018, two more Government Citizens Academies will be held during the spring and the fall. Ms. Jacqueline Kimotho-Gonzalez, a member of the academy class, addressed the Board of Supervisors to give her perspective on what she and her classmates learned. 17-1190 10/25/17 Ms. Pollard then recognized the following participants of the 2017 Fall Government Citizens Academy and presented them with certificates of completion: Ms. Nancy Boraks Ms. Ellen Boyd Mr. Bo Brown Ms. Selena Browne Gudino Ms. Sarah Clark Ms. Diane Clarke Ms. Myrna Copeland Ms. Leonore Cummins Mr. Robert Cummins Ms. Constance Cypress Ms. Cindy Fentriss Ms. Mary Carol Franks Ms. Brenda Jenkins Ms. Jacqueline Kimotho-Gonzalez Mr. James Kramer Mr. David Kratch Ms. Heidi LaGreca Mr. David Lipp Mr. Robert Mesnard Ms. Sheila Rost Ms. SHiRL Selah Ms. Rosemary Shomaker Ms. Barbara Stephens Ms. Kim Drew Wright (It is noted that Ms. Nancy Boraks, Ms. Ellen Boyd, Mr. Bo Brown, Ms. Sarah Clark and Ms. Sheila Rost were not in attendance.) Ms. Jaeckle expressed her appreciation to the participants of the Fall 2017 Government Citizens Academy for their interest, involvement, and engagement in the program. 12. NEW BUSINESS 12.A. APPOINTMENTS 12.A.1. BOARD OF BUILDING AND FIRE CODE APPEALS On motion of Mr. Holland, seconded by Ms. Haley, the Board simultaneously nominated/appointed/reappointed Mr. C. Brown Pearson, III and Mr. Lindley Vaughan, PE to serve as members of the Board of Building and Fire Code Appeals, whose terms are effective.November 1, 2017, and expire October 31, 2020. Ayes: Jaeckle, Haley, Winslow, Holland and Elswick. Nays: None. 12.A.2. COMMUNITY CRIMINAL JUSTICE BOARD On motion of Mr. Holland, seconded by Ms. Haley, the Board simultaneously nominated/ appointed Dr. Chad Knowles to serve as a member of the Community Criminal Justice Board, whose term is effective immediately and expires on June 30, 2018. Ayes: Jaeckle, Haley, Winslow, Holland and Elswick. Nays: None. 17-1191 10/25/17 12.B. CONSENT ITEMS 12.B.1. ADOPTION OF RESOLUTIONS 12.B.1.a. RECOGNIZING THE LATE RICKY A. LEWIS, DEPARTMENT OF GENERAL SERVICES, -BUILDINGS AND GROUNDS DIVISION, FOR HIS SERVICE TO CHESTERFIELD COUNTY v On motion of Mr. Holland, seconded by Mr. Winslow, the Board adopted the following resolution: WHEREAS, Mr. Ricky A. Lewis was hired by Chesterfield County, on June 24, 1985, as a Seasonal County Maintenance Worker in the Department of General Services, Buildings and Grounds Division; and WHEREAS, Mr. Lewis demonstrated excellent work performance and knowledge -in the maintenance field; and WHEREAS, Mr. Lewis was promoted to a full-time County Maintenance Worker in November 1985; -and WHEREAS, early in his career, Mr. Lewis was assigned to maintain the then nine Chesterfield County Libraries; and WHEREAS, Mr. Lewis had an excellent working relationship with library personnel and represented the Department of General Services professionally and competently; and WHEREAS, Mr. Lewis was a. dependable and reliable employee who performed his duties and responsibilities with enthusiasm; and . WHEREAS, Mr. Lewis was highly regarded both within the Buildings and Grounds Division, the Department of General Services, as well as by customers in other county departments'; and WHEREAS, Mr. Lewis was tactful, considerate, and attentive to everyone he encountered and took the time to courteously attend to customers' needs, letting each one know their needs were important; and WHEREAS, Mr. Lewis performed his duties and responsibilities in a professional manner and is missed by his fellow co-workers and customers. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes the outstanding contributions of Mr. Ricky A. Lewis, expresses the appreciation of all residents for his service to Chesterfield County, and extends appreciation for his dedicated service to the County. Ayes: Jaeckle, Haley, Winslow, Holland and Elswick. Nays: None. 17-1192 10/25/17 12.B.1.b. RECOGNIZING COUNTY EMPLOYEES UPON THEIR RETIREMENT 12.B.1.b.1. MR. MICHAEL G. ELDER, DEPARTMENT OF GENERAL SERVICES, WASTE AND RESOURCE RECOVERY DIVISION On motion of Mr. Holland, seconded by Mr. Winslow, the Board adopted the following resolution: WHEREAS, Mr. Michael G. Elder joined Chesterfield County on September 21, 1992, as a full-time employee in the Department of General Services, Waste and Resource Recovery Division; and WHEREAS, in 1994, Mr. Elder obtained his Environmental Protection Agency certification for Freon recovery, contributing to the departmental goal of. being "Responsible Protectors of the Environment"; and WHEREAS, in 1995, Mr. -Elder was recognized through the "Chesterfield County Success Story" program, for cost savings achieved by recovering Freon in-house instead of contracting the task out; and WHEREAS, in 2003, Mr. Elder graduated from the "School of Quality and Continuous Improvement"; and WHEREAS, Mr. Elder was known for his friendly, easy going manner, his ability to work with citizens in an effective way; caring for his fellow co-workers and performing his duties in a professional manner; -and WHEREAS, Mr. Elder was nominated by his peers to become the Waste and Resource Recovery Division's employee of the year in 2002, 2004 and 2005; and WHEREAS, in 2005, Mr. Elder was selected as the Department of General Services' employee of the year; and WHEREAS, Mr. Elder always performed his duties and responsibilities in an efficient manner, placing the welfare and safety of co-workers, other county employees, and citizens above his own personal comfort and feelings and will be missed by his fellow co-workers; and WHEREAS, Mr. Elder retired on October 1, 2017, after providing 25 years of dedicated and faithful service to Chesterfield County citizens. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of , Supervisors recognizes the outstanding contributions of Mr. Michael G. Elder, expresses the appreciation of all residents for his service to Chesterfield County, and extends appreciation for his dedicated service to the county and congratulations upon his retirement, as well as best wishes for a long and happy retirement. Ayes: Jaeckle, Haley, Winslow, Holland and Elswick. Nays: None. 17-1193 10/25/17 12.B.1.b.2. CAPTAIN RODNEY C. DUKE, FIRE AND EMERGENCY MEDICAL SERVICES DEPARTMENT On motion of Mr. Holland, seconded by Mr. Winslow, the Board adopted the following resolution: WHEREAS, Captain Rodney C. Duke retired from the Chesterfield Fire and Emergency Medical Services Department, Chesterfield County, on August 1, 2017; and WHERAS, Captain Duke volunteered with Chesterfield Fire and Emergency Medical Services from 1985 through 1992; and WHEREAS, Captain Duke began his career with the Chesterfield Emergency Communications Center as a dispatcher in August 1992 and faithfully served for four years; and WHEREAS, Captain Duke attended Recruit School #26 in 1996 and has faithfully served the county for nearly 25 years in various assignments as a firefighter and officer at the Midlothian, Clover Hill, Centralia, Airport, Chester, Ettrick, and Dale Fire and Emergency Medical Services stations; and WHEREAS, Captain Duke was recognized in 1994 by the Emergency Communications Center with a Certificate of Achievement for providing a 12 -year-old boy pre -arrival instruction to save the life of his 10 -year-old sister who was accidently shot by the caller;- and WHEREAS, Captain Duke was a member of the SCUBA Rescue Team from 1998 through 2002, promoted to the rank of lieutenant in 2006, and promoted to captain in 2015; and WHEREAS, Captain Duke was recognized, with an EMS Lifesave Award for his advanced lifesaving actions in November 2000, saving the life of a newborn child in cardiac arrest; and WHEREAS, Captain Duke was recognized with an EMS Lifesave Award and a Unit Citation Award when he provided exemplary care in October 2003, during a motor vehicle accident, where he administered lifesaving EMS procedures to a teenager who was unresponsive and trapped in a vehicle; and WHEREAS, Captain Duke was recognized with two EMS Unit Citation Awards for his extraordinary teamwork while assisting patients in cardiac arrest in November 2011 and August 2012; and WHEREAS, Captain Duke was recognized with an EMS Lifesave Award and a Unit Citation Award for his actions in June 2012 when he provided exemplary lifesaving measures to a patient experiencing a cardiac arrest. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes the contributions of Captain Rodney C. Duke, expresses the appreciation of all citizens for his service to the county, and extends their appreciation for his dedicated service and congratulations_ upon his retirement. Ayes: Jaeckle, Haley, Winslow, Holland and Elswick. Nays: None. 17-1194 10/25/17 12.B.1.b.3. LIEUTENANT KENNETH W. HALL, FIRE AND EMERGENCY MEDICAL SERVICES DEPARTMENT On motion of Mr. Holland, seconded by Mr. Winslow, the Board adopted the following resolution: WHEREAS, Lieutenant Kenneth W. Hall will retire from the Chesterfield Fire and Emergency Medical Services Department, Chesterfield County, on November 1, 2017, after faithfully serving the County of Chesterfield and its citizens for 35 years in various assignments; and WHEREAS, Lieutenant Hall began employment with Chesterfield- County in 1982 as an Emergency Communications Dispatcher; and then attended Recruit School 415 in 1984; and WHEREAS, Lieutenant Hall has served as a Firefighter at the Dale, Matoaca, Bensley, Ettrick, Airport, Clover Hill and Swift Creek Fire and EMS Stations; and WHEREAS, Lieutenant Hall was promoted to lieutenant in 2000 and served at the Dale, Winterpock, and Phillips Fire and EMS Stations; and WHEREAS, Lieutenant Hall was an advanced life support provider for 29 years where he served as a preceptor to new ALS providers for 26 of those years; and WHEREAS, Lieutenant Hall served as a member of the Hazardous Incident Team from 1992 through 1997, the Tactical Medic Team for the Chesterfield County Police Department and Virginia State Police, an alternate Tactical Safety officer, as well as a member of the Rural Water Supply Workgroup; and WHEREAS, Lieutenant Hall was awarded a Unit Citation for the extraordinary organization and teamwork displayed rescuing a patient who had fallen from a tree in 1994; and WHEREAS, Lieutenant Hall was awarded an EMS Unit Citation for the diligent and dedicated performance in the extrication of a patient trapped resulting from a vehicle accident in 1995; and WHEREAS, Lieutenant Hall was awarded an EMS Lifesave Award for saving the life of a citizen in cardiac arrest in 1996; and WHEREAS, Lieutenant Hall was awarded an EMS Unit Citation and EMS Lifesave Award for treating a patient involved in a motorcycle accident in 2004; and WHEREAS, Lieutenant Hall was named the Fire Officer of the Year for 2011. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, recognizes the contributions of Lieutenant Kenneth W. Hall, expresses the appreciation of all citizens for his service to the county and extends appreciation for his dedicated service and congratulations upon his retirement. Ayes: Jaeckle, Haley, Winslow, Holland and Elswick. Nays: None. 17-1195 10/25/17 12.B.1.b.4. MS. SHELCIE MOSS LAWING, DEPARTMENT OF MENTAL HEALTH SUPPORT SERVICES On motion of Mr. Holland, seconded by Mr. Winslow, the Board adopted the following resolution: WHEREAS, Ms. Shelcie Moss Lawing was hired by Chesterfield/Colonial Heights Families First on September 9, 1996, and will retire October 1, 2017, after providing outstanding service to the residents of Chesterfield County; and WHEREAS, Ms. Lawing provided home visiting services for over 150 first-time parents in Chesterfield County and Colonial Heights supporting them through their journey of parenthood; and WHEREAS, she was instrumental in Families First receiving the National Association of Counties Achievement Award in 1997, recognizing Families First as an innovative program that contributed to and enhanced county government in the United States of America; and - WHEREAS, Ms. Lawing served as a mentor and coach to over 15 incoming Families First staff throughout her tenure; and WHEREAS, Ms. Lawing was part of the Families First team to receive the Keeping Our Promises by Keeping Our Children Safe Prevention award in 2008; and WHEREAS, Ms. Lawing successfully completed the Chesterfield County Employee Leadership Institute in 2010; and WHEREAS, Ms. Lawing consistently implemented the Healthy Families America Best Practice Standards, which contributed to Families First's successful accreditation and re- certification throughout her career; and WHEREAS, Ms. Lawing received an Outstanding Service Award from Healthy Families Virginia in recognition of her 21 years of dedication and commitment to Virginia's young families. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes the outstanding contributions of Ms. Sheltie Moss Lawing and extends appreciation, on behalf of its members and the citizens of Chesterfield County, for 21 years of dedicated service to the county,_ congratulations upon her retirement, and best wishes for a long, happy, and healthy retirement. Ayes: Jaeckle, Haley, Winslow, Holland and Elswick. Nays: None. 12.B.1.b.5. MS. TERESA C. DAVIS, PLANNING DEPARTMENT On motion of Mr. Holland, seconded by Mr. Winslow, the Board adopted the following resolution: WHEREAS, Ms. Teresa C. Davis retired from Chesterfield County on August 25, 2017, after a collective of 23 years of dedicated service to Chesterfield County and seven years of dedicated service to the Chesterfield County Public School System; and 17-1196 10/25/17 WHEREAS, Ms. Davis began her initial service with the Planning Department in 1981, as a Clerk Typist responsible for the processing of public notices and staff reports for the Board of Supervisors, Planning Commission and Board of Zoning Appeals while at the same time providing excellent customer service assisting the public at the department's counter and by phone; and WHEREAS, in 1983, Ms. Davis left the Planning Department to have more time to raise her family, joining the Chesterfield Public School System as a Secretary/_ Word Processor for seven years, and returning to the Planning Department in 1996 as a Senior Office Assistant; and WHEREAS, through her hard work, continuing education and dedication, Ms. Davis rose through the ranks of the Planning Department, serving in positions of Senior Office Assistant and Administrative Secretary responsible for coordinating the processing of planning -related items for consideration by the Board of Supervisors, Planning Commission, and Board of Zoning Appeals; and WHEREAS, during this period, Ms. Davis volunteered her services for approximately 15 months to assist the Zoning and Special Projects section during a co-worker's deployment to Iraq; and WHEREAS, Ms. Davis has received numerous commendations from her co-workers and the public, including being the recipient of the Planning Department's Exceptional Employee of the Year in 2000; and WHEREAS, in 1996, Ms. Davis was promoted to Administrative Assistant and assigned to the Zoning and Special Projects section managing the coordination of sign postings for zoning proposals, public notices, staff reports, agendas, pre -application conferences and numerous other duties related to the zoning processes of the Board of Supervisors, Planning Commission and Board of Zoning Appeals; and WHEREAS, during her career, Ms. Davis assisted with the implementation of numerous improvements to the zoning process; and WHEREAS, Ms. Davis forged effective working relationships with the Planning Commission, Board of Supervisors, citizen groups and the development community; and WHEREAS, Ms. Davis worked tirelessly coordinating team review of zoning cases by 18 different county departments and state agencies and attending an enormous number of nightly public meetings and hearings; and WHEREAS, Ms. Davis continuously provided exemplary customer service. NOW, THEREFORE, BE IT" RESOLVED that the -Chesterfield County Board of Supervisors recognizes the contributions of Ms. Teresa C. Davis, and extends on behalf of its members and the citizens of Chesterfield County, appreciation for her service to the county and congratulations upon her retirement. Ayes: Jaeckle, Haley, Winslow, Holland and Elswick. Nays: None. 17-1197 10/25/17 l j 12.B.1.b.6. CORPORAL ROBERT PRUCKNER,-POLICE DEPARTMENT On motion of Mr. Holland, seconded by Mr. Winslow, the Board adopted the following resolution: WHEREAS, -Corporal Robert D. Pruckner will retire from the Chesterfield County Police Department on November 1, 2017, after providing over 27 years of outstanding service to the residents of Chesterfield County; and WHEREAS, Corporal Pruckner has faithfully served ,the county in the capacity of Patrol Officer, Detective, Senior Detective, Master Detective Master Police Officer, Career Police Officer, Career Detective and Corporal; and WHEREAS, during his tenure, Corporal Pruckner has served in various positions, including Field Training Officer, Desk Officer, Breathalyzer Operator, Instructor, Special Response. Unit Member, School Resource Officer, Background Detective, and Polygraph Operator; and WHEREAS, Corporal Pruckner was awarded a Life Saving - Award for his efforts at the scene of a fatal accident while traveling in the State of Pennsylvania; and WHEREAS, Corporal Pruckner was awarded the Director's Academic Merit Award by the Virginia School of Polygraph; and WHEREAS, Corporal Pruckner and co-workers of the Police Personnel Unit, received a Unit Citation Award for the unit's performance, diligence and professionalism displayed during the 2004 fiscal year; and WHEREAS, Corporal Pruckner was the recipient of an Achievement Award for his actions during a joint FBI counterfeit products and money laundering operation, after the team's dedication to the extensive investigation resulted in the confiscation, of thousands of dollars of counterfeit products, fake identifications, illegal documents and the arrest of nine suspects on 21 felony charges; and WHEREAS, Corporal Pruckner has greatly contributed to the mission of the Police Personnel Unit by serving as lead detective, offering his expertise and mentorship to others; and WHEREAS, Corporal Pruckner has been been involved in process improvements in the Police Personnel Unit, including development of the off-site testing program, development of the first professional recruitment display, fostering positive relationships with college and university personnel, and implementation of a new physical agility test, and these initiatives were instrumental in recruitment and hiring of the best officers for the Chesterfield County Police Department; and WHEREAS, Corporal Pruckner is recognized for his teamwork and strong .work ethic, his excellent communications and human relations skills, all of which he has utilized within the Police Department and in assisting residents of Chesterfield County; and 17-1198 10/25/17 WHEREAS, during his tenure, Corporal Pruckner has received numerous letters of commendation, thanks and appreciation for services rendered; and WHEREAS, Corporal Pruckner 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 Pruckner's diligent service. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes Corporal Robert D. Pruckner 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: Jaeckle, Haley, Winslow, Holland and Elswick. Nays: None. 12.B.1.b.7. MS. JEANETTA LANE, UTILITIES DEPARTMENT On motion of Mr. Holland, seconded by Mr. Winslow, the Board adopted the following resolution: WHEREAS, Ms. Jeanetta Lane will retire from the Chesterfield County Utilities Department on November 1, 2017; and WHEREAS, Ms. Lane began her public service career with the Chesterfield County Building Inspections Office on April 28, 1986, as a customer service representative and was responsible .for answering phone calls to assist the public with questions, addressing concerns on building and other types of permits, and providing information regarding non- compliance issues; and WHEREAS, Ms. Lane was promoted to automation specialist where she answered questions at the help desk, provided computer repair, helped develop spreadsheets for monthly reports and assisted with trouble -shooting individual computers; and WHEREAS, Ms. Lane transferred to the Chesterfield County Utilities Department on July 10, 2006, and on July 14, 2007, she was promoted to customer service representative in the call center of the billing and customer service section where she was responsible for answering inbound calls from customers, handling customers' incoming requests to open or close utility accounts, providing information about services, entering service orders in the customer information system, transferring calls with complex inquiries to management for follow-up, and researching billing issues; and WHEREAS, Ms. Lane also helped in the billing section by checking service orders and stuffing manual bills for designated accounts; and WHEREAS, Ms. Lane held the position of customer service representative until her retirement, and during that time, she received customer compliment emails and letters and certificates of recognition for teamwork, performed utility operations efficiently, assured all customers' needs were served in an expeditious, courteous, effective, and prompt manner, and improved communications; and 17-1199 10/25/17 WHEREAS, Ms. Lane has been an asset to the department because of her dedication to customer service, her motivation to. meet challenges and her participation on numerous projects, such as implementing water restriction processes, identifying billing and customer service flowcharts, and improving the billing and customer service processes and procedures; and WHEREAS, Ms. Lane has passed on her significant knowledge to other employees in the customer service section to help improve their customer service skills and encourage them to help customers with their concerns; and WHEREAS, Ms. Lane demonstrated good judgment when talking to customers, researching payments, resolving customer issues, resolving billing questions, providing customers with proper solutions, performing customer verifications; and processing applications, forms, and requests; and WHEREAS, Ms. Lane is a dedicated employee who exceeds expectations and is committed to supporting excellence in government and serving customers;,and WHEREAS, Ms. Lane has been a dependable associate with an exemplary work ethic and commitment, and exhibited dedication, knowledge, pride, and quality in the work she performed at the Chesterfield County Utilities Department. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes Ms. Jeanetta Lane and extends on behalf of its members and citizens of Chesterfield County appreciation for her 31 years of service to the county. Ayes: Jaeckle, Haley, Winslow, Holland and Elswick. Nays: None. 12.B.1.b.8. MR. JAMES C. WOODLEY, UTILITIES DEPARTMENT On motion of Mr. Holland, seconded by Mr. Winslow, the Board adopted the following resolution: WHEREAS, Mr. James C. Woodley retired from the Chesterfield County Utilities Department on September 1, 2017; and WHEREAS, Mr. Woodley began his public service with the county on August 12, 1996, as a Pipe Installer for the Water Distribution Section within the Utilities Department; and WHEREAS, Mr. Woodley was promoted to Heavy Equipment Operator on April 4, 1998; and WHEREAS, Mr. Woodley assisted in hundreds of repairs to water distribution lines and associated appurtenances; and WHEREAS; Mr. Woodley willingly and faithfully worked after hours and during emergencies to restore water service to customers regardless of weather conditions or the time of day; and WHEREAS, Mr. Woodley was promoted to a Senior Utility Worker on August 16, 2003, for the Wastewater Collections Section within the Utilities Department; and 17-1200 10/25/17 WHEREAS, Mr. Woodley's experience and knowledge was instrumental in ensuring that the citizens of Chesterfield County were provided with wastewater service that was cost effective, safe, reliable, and environmentally sound; and WHEREAS, Mr. Woodley willingly shared his knowledge and expertise with his colleagues to aid them in their growth and development, thereby ensuring the customers of Chesterfield County continue to receive world-class customer service for years into the future; and WHEREAS, Mr. Woodley was highly respected and liked by his peers and co-workers; and WHEREAS, throughout his career with Chesterfield County, Mr. Woodley displayed dependability, aptitude, good character, and values. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes Mr. James C. Woodley and extends on behalf of its members and citizens of Chesterfield County, appreciation for over 21 years of exceptional service to the county. Ayes: Jaeckle, Haley, Winslow, Holland and Elswick. Nays: None. 12.B.2. AWARD OF REQUIREMENTS CONTRACT FOR INSPECTION SERVICES FOR GRANDSTANDS AND BLEACHERS TO ENGINEERING SOLUTIONS AND CONSTRUCTION MANAGEMENT, PLC On motion of Mr. Holland, seconded by Mr. Winslow, the Board authorized the Director of Procurement to execute a requirements contract with Engineering Solutions and Construction Management, PLC., for inspection and related engineering services involved in the periodic inspection of grandstands, folding and telescopic seating, bleachers, gymnasium divider curtains and basketball backstops. Ayes: Jaeckle, Haley, Winslow, Holland and Elswick. Nays: None. 12.B.3. APPROVAL OF A POLICE SUPPORT SERVICES MEMORANDUM OF UNDERSTANDING BETWEEN THE DEFENSE LOGISTICS AGENCY AVIATION AND THE CHESTERFIELD COUNTY POLICE DEPARTMENT On motion of Mr. Holland, seconded by Mr. Winslow, the Board authorized the Chief of Police to execute the updated Memorandum of Understanding between the Defense Logistics Agency (DLA) Aviation and the Chesterfield County Police Department for Police support services. (A copy of the Memorandum of Understanding is filed with the papers of this Board.) Ayes: Jaeckle, Haley, Winslow, Holland and Elswick. Nays: None. 17-1201 10/25/17 12.B.5. APPROVAL OF TRANSFER FROM SCHOOLS' DEBT SERVICE APPROPRIATION CATEGORY TO THE TECHNOLOGY APPROPRIATION CATEGORY On motion of Mr. Holland, seconded by Mr. Winslow, the Board approved a transfer of $672,000 from_ Schools' debt service appropriation category to the technology appropriation category. Ayes: Jaeckle, Haley, Winslow, Holland and Elswick. Nays: None.. 12.B.6. ACCEPTANCE OF STATE ROADS On motion of Mr. Holland, seconded by Mr. Winslow, 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 33.2-705, 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: Rountrey - Brandermill Parkway Phase 2 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 • Brandermill Parkway, State Route Number 1921 From: 0.13 miles north of Bon Secours Drive, (Route 7838) To: 0.29 miles north of Bon Secours Drive, (Route 7838), a distance of: 0.16 miles. Recordation Reference: Deed Book 7780, Page 765 Right of Way width (feet) = 90 6 Brandermill Parkway, State Route Number 1921 From: 0.29 miles north of Bon Secours Drive, (Route 7838) To: Center Pointe Parkway, (Route 6040), a distance of: 0.11 miles. Recordation Reference: Deed Book 7780, Page 765 Right of Way width (feet) = 90 17-1202 10/25/17 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 33.2-705, 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: Rountrey - Bon Secours Drive and Brandermill Parkway Extensions 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 • Brandermill Parkway, State Route Number 1921 From: Bon Secours Drive, (Route 7838) To: 0.13 miles north of Bon Secours Drive, (Route 7838), a distance of: 0.13 miles. Recordation Reference: N/A Right of Way width (feet) = 102 to 90 • Brandermill Parkway, State Route Number 1921 From: 0.11 miles north of Old Hundred Road, (Route 652) To: Bon Secours Drive, (Route 7838), a distance of: 0.07 miles. Recordation Reference: N/A Right of Way width (feet) = 90 Ayes: Jaeckle, Haley, Winslow, Holland and Elswick. Nays: None. 12.B.7. TRANSFER OF DISTRICT IMPROVEMENT FUNDS 12.B.7.a. FROM THE CLOVER DISTRICT IMPROVEMENT FUND TO THE PARKS AND RECREATION DEPARTMENT TO PURCHASE AND INSTALL A SCOREBOARD ON THE ATHLETIC FIELD AT SWIFT CREEK MIDDLE SCHOOL On motion of Mr. Holland, seconded by Mr. Winslow, the Board transferred $4,937 from the Clover Hill District Improvement Fund to the Parks and Recreation Department to purchase and install a scoreboard on the athletic field at Swift Creek Middle School. Ayes: Jaeckle, Haley, Winslow, Holland and Elswick. Nays: None. 17-1203 10/25/17 12.B.7.b. FROM THE MATOACA DISTRICT IMPROVEMENT FUND TO THE SCHOOL BOARD FOR EQUIPMENT FOR A STEAM CLASSROOM AT GRANGE HALL ELEMENTARY SCHOOL On motion of Mr. Holland, seconded by Mr. Winslow, the Board transferred $1,200 from the Matoaca District Improvement Fund to the 'School Board to purchase items for a STEAM classroom, to include a 3D printer, at Grange Hall Elementary School. Ayes: Jaeckle, Haley, Winslow, Holland and Elswick. Nays: None. 12.B.7.c. FROM THE BERMUDA DISTRICT IMPROVEMENT FUND 12.B.7.c.2. TO THE PARKS AND RECREATION DEPARTMENT TO PAY THE COST OF RENTING A TENT AND CHAIRS AND PROVIDING LABOR FOR THE ANNUAL VETERAN'S DAY CEREMONY AT BENSLEY PARK On motion of Mr. Holland, seconded by Mr. Winslow, the Board transferred $657 in Bermuda District Improvement Funds to the Parks and Recreation Department to pay the cost of renting a tent and chairs and labor charges for staffing and cleaning the Community Building as part of the annual Veteran's Day Ceremony at Bensley Park. Ayes: Jaeckle, Haley, Winslow, Holland and Elswick. Nays: None.. 12.B.8. APPROPRIATION OF FUNDS AND AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT FOR THE LUCKS LANE (SPIREA ROAD TO EAST EVERGREEN PARKWAY) AND LUCKS LANE (EAST EVERGREEN PARKWAY TO ROUTE 288) WIDENING PROJECTS On motion of Mr. Holland, seconded by Mr. Winslow, the Board took the following actions: 1. Appropriated $1.0 million in anticipated VDOT reimbursements from the VDOT Secondary Road Six Year Plan to the Lucks Lane (Spirea Road to E. Evergreen Parkway) Widening Project.($750,000) and to the Lucks Lane (E Evergreen Parkway to Route 288) Widening Project ($250,000); 2. Authorized the Director of Procurement to award a construction contract of $12,439,865, [$6,341,235.75 for Lucks Lane (Spirea Road to E. Evergreen Parkway) and $6,098,629.25 for Lucks Lane (E. Evergreen Parkway to Route 288)] to Fielder's Choice Enterprises, Inc.; and 3. Authorized the Director of Procurement to execute all necessary change orders for the work, up to the full amount budgeted, for the Lucks Lane (Spirea Road to E. Evergreen Parkway) and Lucks Lane (E. Evergreen Parkway to Route 288) Widening,Projects. Ayes: Jaeckle, Haley, Winslow, Holland and Elswick. Nays: None. 17-1204 10/25/17 12.B.9. APPROVAL OF REVISED AGREEMENT AND MEMORANDUM OF UNDERSTANDING'AND HUD SUBORDINATION AGREEMENT CONCERNING THE ACQUISITION AND RENOVATION OF RESIDENTIAL RENTAL PROJECT AT THE GLEN AT COLONIAL HEIGHTS/COLONIAL RIDGE APARTMENTS On motion of Mr. Holland, seconded by Mr. Winslow, the Board approved the revised agreement and Memorandum of Understanding and HUD subordination agreement concerning the acquisition and renovation of residential rental project at The Glen at Colonial Heights/ Colonial Ridge Apartments. (It is noted copies of the revised agreement and Memorandum of Understanding and the HUD subordination agreement are filed with the papers of this Board.) Ayes: Jaeckle, Haley, Winslow, Holland and Elswick. Nays: None. 12.B.10. SET DATE FOR PUBLIC HEARING TO CONSIDER AMENDING AND REENACTING CHAPTER 9, ARTICLE II, DIVISION 3 OF THE COUNTY CODE TO ADD SECTION 9-34, EXEMPTION FOR SURVIVING SPOUSES OF CERTAIN EMERGENCY SERVICES PROVIDERS KILLED IN THE LINE OF DUTY On motion of Mr. Holland, seconded by Mr. Winslow, the Board set a public hearing date for November 15, 2017, to consider amending and reenacting Chapter 9, Article II, Division 3 the County Code to add § 9-34 relating to tax exemption for surviving spouses of certain emergency services providers killed in the line of duty. Ayes: Jaeckle, Haley, Winslow, Holland and Elswick. Nays: None. 12.B.11. APPROPRIATION OF FUNDS AND AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT AND CHANGE ORDERS FOR THE BEULAH ROAD (KINGSLAND ROAD TO PINELEAF DRIVE) IMPROVEMENT PROJECT On motion of Mr. Holland, seconded by Mr. Winslow, the Board took the following actions for the Beulah Road (Kingsland Road to Pineleaf Drive) Improvement Project: 1. Transferred and appropriated $300,000 from Cash Proffer Shed 9 funds; 2. Transferred $309,500 in anticipated VDOT reimbursements. and $309,500 in county appropriations for the required match from Beulah Road (Pineleaf Drive to Summerleaf Drive) Improvement Project; and 3. Authorized the Director of Procurement to award a construction contract up to $1,900,000 to the lowest and responsive and responsible bidder; and to execute all necessary change orders up to the full amount budgeted for the project. Ayes: Jaeckle, Haley, Winslow, Holland and Elswick. Nays: None. 17-1205 10/25/17 12.B.12. TRANSFER AND APPROPRIATION OF ROAD CASH PROFFER FUNDS AND AUTHORIZATION TO PROCEED WITH THE LAKEVIEW ROAD/BRANDERS BRIDGE ROAD ROUNDABOUT PROJECT On motion of Mr. Holland, seconded by Mr. Winslow, the Board took the following actions: 1) Transferred and appropriated $15,000 in road cash proffers from Traffic Shed 16 for the Lakeview Road/Branders Bridge Road Roundabout Analysis and Conceptual Design; 2) Appropriated $3,427-,000 in anticipated VDOT reimbursements; 3) Authorized the County Administrator to proceed with the design, and right-of-way acquisition,. including the conveyance to VDOT of right-of-way and easements that are acquired; 4) Authorized the County Administrator to enter into the customary VDOT/County agreements/contracts, permits/ mitigation agreements and surety agreements, acceptable to the County Attorney; 5) Authorized the Chairman of the Board of Supervisors and County Administrator to execute easement agreements for relocation of utilities; and 6) Authorized the Director of Procurement to proceed with the advertisement of a construction contract. Ayes: Jaeckle, Haley, Winslow, Holland and Elswick. Nays: None. 12.B.13. ACCEPTANCE OF PARCELS OF LAND 12.B.13.a. ALONG JEFFERSON DAVIS HIGHWAY FROM BIG VA PROPERTIES, LLC On motion of Mr. Holland, seconded by Mr. Winslow, the Board accepted the conveyance of a parcel of land containing 0.709 acres along Jefferson Davis Highway from Big Va Properties, LLC, and authorized the County Administrator to execute the deed. (It is noted a copy of the plat is filed with the papers . of .this Board.) Ayes: Jaeckle, Haley, Winslow, Holland and Elswick. Nays: None. 12.B.13.b. ALONG OTTERDALE ROAD AND COSBY ROAD FROM COSBY VILLAGE, LLC On motion of Mr. Holland, seconded by Mr. Winslow, the Board accepted the conveyance of two parcels of land containing a total of 2.471 acres along Otterdale Road and Cosby Road from Cosby Village, LLC, and authorized the County Administrator to execute the deed. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Jaeckle, Haley, Winslow, Holland and Elswick. Nays: None. 17-1206 10/25/17 12.B.13.c. FOR DEERHILL ROAD FROM MACH 39, LLC On motion of Mr. Holland, seconded by Mr. Winslow, the Board accepted the conveyance of a parcel of land containing 0.364 acres for Deerhill Road from Mach 39, LLC and authorized the County Administrator to execute the deed. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Jaeckle, Haley, Winslow, Holland and Elswick. Nays: None. 12.B.13.d. ALONG HULL STREET ROAD, OTTERDALE ROAD AND COSBY ROAD FROM THE GOODE FAMILY LIMITED PARTNERSHIP On motion of Mr. Holland, seconded by Mr. Winslow, the Board accepted the conveyance of three parcels of land containing a total of 1.163 acres along Hull Street Road, Otterdale Road and Cosby Road from The Goode Family Limited Partnership and authorized the County Administrator to execute the deed. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Jaeckle, Haley, Winslow, Holland and Elswick. Nays: None. 12.B.14. CONVEYANCE OF AN EASEMENTS TO VIRGINIA ELECTRIC AND POWER COMPANY FOR SERVICE TO NEW ELEMENTARY SCHOOLS 12.B.14.a. NEW BEULAH ELEMENTARY SCHOOL On motion of Mr. Holland, seconded by Mr. Winslow, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute an agreement with Virginia Electric and Power Company for a 15 -foot underground easement for service to the new Beulah Elementary School. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Jaeckle, Haley, Winslow, Holland and Elswick. Nays: None. 12.B.14.b. NEW ENON ELEMENTARY SCHOOL On motion of Mr. Holland, seconded by Mr. Winslow, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute an agreement with Virginia Electric and Power Company for a 15 -foot underground easement for service to the new Enon Elementary School. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Jaeckle, Haley, Winslow, Holland and'Elswick. Nays: None. 17-1207 10/25/17 12.B.15. APPROVAL OF TRANSFER FROM SCHOOLS' FUTURE PROJECT RESERVE AND APPROPRIATION OF FUNDS IN A NEW PROJECT TITLED MATOACA MIDDLE SCHOOL EAST ADDITION On motion of Mr. Holland, seconded by Mr. Winslow, the Board approved a transfer of $850,000 from Schools' future project reserve (which currently totals approximately $2.2 million) and appropriated those funds for the design and construction administration costs for 'an addition at the Matoaca Middle School East Campus. Ayes: Jaeckle, Haley, Winslow, Holland and Elswick. Nays: None. The following item was removed from the Consent Agenda for public comment: 12.B.4. APPROVAL OF INTERNAL AUDIT POLICY REVISIONS Ms. Jaeckle requested staff to make a presentation relative to the issue. Mr. Greg Akers, Director of Internal Audit, stated the Audit and Finance Committee (AFC) asked that proposed revisions be provided to the Board of Supervisors and the School Board for approval. He further stated these have been discussed at Audit and Finance Committee meetings on June 14, August 7, and September 25, 2017. He stated the County Administrative Policies for Internal Audit updates are primarily to better match county existing practices, with primary revisions for: Policy 8-1, Internal Audit -Introduction • Reflect new AFC and reporting structure for Auditor established September 2016. • Acknowledge performance feedback to Internal Auditor through the AFC. • Reflect County Charter section 6.12 change to insert reference to Schools throughout. • Describe unique update process for Internal Audit policy with AFC approval. Policy 8-2, Internal Audit -Fraud, Waste, and Abuse Prevention and Detection • Provide additional description for Hotline operation, and fraud, waste, and abuse definitions. • Describe whistleblower protection. Mr. -Winslow stated the Audit and Finance Committee has reviewed the revisions thoroughly and acknowledged the need for further examination. He noted his intent to defer the matter to the next regularly scheduled meeting after public comment. Mr. Holland concurred with Mr. Winslow's remarks. Ms. Janice Blakley called on Mr. Rodney Martin, who requested to have the item removed from the Consent Agenda for public comment. 'Mr. Martin asked that Mr. Ron Hayes speak first on the matter. 17-1208 10/25/17 Mr. Ron Hayes, Midlothian District resident, expressed concerns relative to the lack of independence and objectivity with the organizational structure of the county's Internal Audit Department. Mr. Rodney Martin, Midlothian District resident, expressed concerns relative to the proposed policy revisions and request further examination of policy language. Mr. Bill Brown, Dale District resident, expressed concerns relative to the lack of independence and objectivity with the organizational structure of the county's Internal Audit Department. Mr. Winslow made a motion, seconded by Mr. Holland, for the Board to defer consideration of the proposed policy revisions for Internal Audit until November 15, 2017. Ayes: Jaeckle, Haley, Winslow, Holland and Elswick. Nays: None. 13. FIFTEEN -MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED MATTERS Ms. Judy Stoneman addressed the Board relative to recent decisions of the Board of Supervisors. Ms. Julie Ranson expressed her objections relative to the proposed Matoaca rezoning case, specifically the project's placement, lack of communication and transparency, potential cost and uncertainty of advertised benefits. Mr. Mike Uzel expressed concerns relative to the lack of county communication and transparency regarding the proposed Matoaca rezoning case. Mr. Bradley Wall expressed concerns relative to the lack of county communication and transparency regarding the proposed Matoaca rezoning case. Ms. Brenda Stewart expressed concerns relative to the external audit investigation of the school system's, Supplemental Retirement Program. 14. DEFERRED ITEMS There were no Deferred Items at this time. 15. 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 17 17SN0515 In Matoaca Magisterial District, Douglas and Susan Sowers request amendment of conditional use planned development (Case 03SN0307) relative to setbacks and to amend cash proffers and amendment of zoning district map in a Residential (R-12) District on 98.7 acres located at the 17-1209 10/25/17 � l southeast corner of Spring Run Road and Springford Parkway. 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 730-663-3520. Mr. Mike Tompkins stated the applicant is requesting a deferral to the December 13, 2017 regularly scheduled meeting. Mr. Kerry Hutcherson, representing the applicant, accepted the deferral. Ms. Jaeckle called -for public comment. There being no one to speak to the deferral, the public hearing was closed. On motion of Mr. Elswick, seconded by Mr. Holland, the Board deferred Case 17SN0515 until December 13, 2017. Ayes: Jaeckle, Haley, Winslow, Holland and Elswick. Nays: - None . 17SN0827 In Bermuda Magisterial District-, P&B Development LLC requests rezoning from Agricultural (A) to Residential (R-12) and amendment of zoning district map on 10 acres lying at the western terminus of Harrow Drive, 310 feet west of Parkgate 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 Suburban Residential II use (maximum of 2.0 to 4.0 dwellings per acre). Tax ID 791-636-4209. Mr. Tompkins stated Ms. Jaeckle is requesting a deferral .to the February 2018 regularly scheduled meeting. Mr. Andy Scherzer, representing the applicant, accepted the deferral. Ms. Jaeckle called for public comment. There being no one to speak to the deferral, the public hearing was closed. Ms. Jaeckle made a motion, seconded by Ms. Haley, for the Board to defer Case 17SN0827 until the February 2018 regularly scheduled meeting. Ayes: Jaeckle, Haley, Winslow, Holland and Elswick. Nays: None. 1 7qunA9A In Bermuda Magisterial District, P&B Development LLC requests rezoning from Agricultural (A) to Residential (R-12) and amendment of zoning district map on 21.3 acres lying at the southern terminus of Parkgate Drive, 130 feet south of Cougar Trail. 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 Suburban Residential II use (maximum of 2.0 to 4.0 dwellings per acre). Tax ID 792-633-4486. 17-1210 10/25/17 Mr. Tompkins stated Ms. Jaeckle is requesting a deferral to the February 2018 regularly scheduled meeting. Mr. Andy Scherzer, representing the applicant, accepted the deferral. Ms. Jaeckle called for public comment. There being no one to speak to the deferral, the public hearing was closed. Ms. Jaeckle made a motion, seconded by Ms. Haley, for the Board to defer Case 17SN0828 until the February 2018 regularly scheduled meeting. Ayes: Jaeckle, Haley, Winslow, Holland and Elswick. Nays: None. 1 RRNns,9 9 In Dale Magisterial District, Teri C. Pruitt and W.S. Carnes, Inc. request conditional use planned development to permit exceptions to ordinance requirements relative to architectural treatment and amendment of zoning district map in Community Commercial (C-3) and General Commercial (C-5) Districts on 7.8 acres fronting 1,230 feet on the north line of Iron Bridge Road, 560 feet west of Lori Road. Density will be controlled by zoning conditions or ordinance standards. The Comprehensive Plan suggests the property is appropriate for Corporate Office uses within the Historic Courthouse Design Area. Tax ID 769-662-7458; 770-662-1443, 1615, 3320 and 3511. Mr. - Tompkins stated Mr. Holland is requesting a deferral to the November 15, 2017 regularly scheduled meeting. Mr. Brennan Keene, representing the applicant, accepted the deferral. Ms. Jaeckle called for public comment. Mr. Ben Myers urged the Board to expand the deferral request and expressed concerns relative to a lack of community meeting notification for residents in the Deerfield Estates neighborhood. Mr. Holland voiced his support of the proposal by stating the quality of the development would enhance the area. He noted citizens contiguous to the development were notified and a community meeting was held on the case. Mr. Holland then made a motion, seconded by Mr. Elswick, for the Board to defer Case 18SN0519 until November 15, 2017. Ms. Jaeckle requested staff to set up meetings with the applicant and Board members relative to the issue. Ms. Jaeckle called for a vote on Mr. Holland's motion, seconded by Mr. Elswick, for the Board to defer Case 18SN0519 until November 15, 2017. Ayes: Jaeckle, Haley, Winslow, Holland and Elswick. Nays: None. 17-1211 10/25/17 17SN0798 In Matoaca Magisterial District, Kathleen Nevada Jones requests conditional use to permit a business from the home (therapeutic horseback riding and horse boarding) and amendment of zoning district map in an Agricultural (A) District on 12.5 acres fronting 255 feet on the north line of Hickory. Road, 615 feet west of Halloway Avenue. Density will be controlled by zoning conditions or ordinance standards. The Comprehensive Plan suggests the property is appropriate for Suburban Residential II use (2.0 to 4.0 dwellings per acre). Tax IDs 780-618-7294; and 780-619-6300 and 6662. Mr. Tompkins presented a summary of Case 17SN0798-and stated both the Planning Commission and staff recommended approval, subject to the conditions. Ms. Kathleen Nevada Jones accepted the conditions. Ms. Jaeckle called for public comment. There being no one to .speak to the issue, the public comment was closed. On motion of Mr. Elswick, seconded by Mr. Holland, the Board approved Case 17SN0798, subject to the following conditions: 1. Non -Transferable Ownership. This Conditional Use shall be granted to Kathleen Nevada Jones, exclusively, and shall not be transferable nor run with the land. (P) 2. Use Permitted. This Conditional Use shall be limited to the following: • Teaching of horseback riding and other horse training skills, with a maximum of six (6.) students receiving lessons at any one time, and • Boarding of up to three (3) horses, in addition to the applicant's horses, at any one time (P) 3. Improvements. Improvements associated with the business shall be limited as.follows: • A horse arena containing a maximum of area of 12,000 square feet • Barn to accommodate the boarding of up to three (3) horses, exclusive of the applicant's horses. • An outdoor riding ring • Grassed parking area to accommodate off-street parking for customers. (P) 4. Setbacks. The proposed arena/outdoor riding ring and areas for the keeping of horses shall be setback a minimum of 50 feet from adjacent properties to the east, westland north and a minimum of 75 feet from the public road. (P) S. Hours of Operation. Hours of operation shall be limited to between 7 am and 7 pm daily. (P) 6. Employees and Clients. A maximum of 4 employees/volunteers, other than the applicant and persons residing in the home, shall be permitted to work 17-1212 10/25/17 on the premises for the horse riding, training and boarding business at any one time. (P) 7. Signage. One freestanding sign, not exceeding five (5) square feet in area and four (4) feet in height, shall be permitted to identify the training/boarding facility. (P) 8. Maintenance. All facilities and areas associated with the keeping of horses (stable, pastures, etc.) shall be cleaned and made free of waste on a regular basis. In addition, the property owner shall employ a means of eliminating any odor problems and propagation of insects. (P) Ayes: Jaeckle, Haley, Winslow, Holland and Elswick. Nays: None. In Bermuda Magisterial District, Piney Branch Development Co. requests amendment of zoning approval (Case 04SN0109) to amend cash proffers and amendment of zoning district map in a Residential (R-12) District on 3.1 acres located within the Chester Grove Subdivision along Chester Grove 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 IDs 781-651-7806 and 9057. Mr. Tompkins presented a.summary of Case 17SN0815 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. In response to Mr. Mincks' question, Mr. Scherzer stated he believes the conditions proffered are reasonable under state law. Ms. Jaeckle called for public comment. There being no one to speak to the issue, the public hearing was closed. Ms. Jaeckle made a motion, seconded by Mr. Winslow, for the Board to approve Case 17SN0815 and accept the following proffered conditions: With the approval of this request, Proffered Condition 2 of Case 04SN0109 shall be amended as outlined below. All other conditions of Case 04SN0109 shall remain in force and effect. 1. Cash Proffers. For each dwelling unit, the applicant, sub -divider, or assignee(s) shall pay $9,400 to the County of Chesterfield for road improvements within the service district for the property. Each payment shall be made prior to the issuance of a building permit for a dwelling unit unless state law modifies the timing of the payment. Should Chesterfield County impose impact fees at any time during the life of the development that are applicable to the property, the amount paid in cash 17-1213 10/25/17 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) The Applicant hereby,offers the following conditions: 2. Architectural/Design Elements: a. Driveways/Front Walks i. Driveways: All portions of driveways and parking areas shall- be brushed concrete, stamped concrete, exposed aggregate concrete, asphalt, or decorative pavers, provided that the private driveway for Tax ID 781-651-9057 shall be paved, with any of the aforementioned materials, for the first 150 feet, starting at Chester Grove Drive, and gravel shall be permitted for the remaining driveway leading to the house. ii. Front Walks: A minimum of a 42 -inch -wide concrete - front walk shall be provided to the front entrance of each dwelling- unit, to connect to drives, sidewalks or street. b. Landscaping i. Front Yard Tree: One (1) tree per lot shall be planted or retained. A tree shall be planted or retained on both street frontages on corner lots. The front yard tree shall be a large deciduous tree and have a minimum caliper of 2.5 inches. Native trees shall be -permitted to have a minimum caliper of 2 inches. ii. Front' Foundation Planting Beds: Foundation planting is required along the _entire front facade of all units-, and shall extend along all sides facing a street. Foundation Planting Beds shall be a minimum of four (4) feet wide from the unit foundation. Planting beds shall be defined with a trenched edge or suitable landscape edging material. Planting beds shall include medium shrubs and` may include spreading groundcovers. Unit corners shall be visually softened with vertical accent shrubs (4'-51) or small evergreen trees (6'-81) at the time of planting. C. Architecture and Materials i. Style and Form: The architectural styles shall be interpretations of traditional Richmond architecture, using forms and elements compatible with those in. the Chester Grove subdivision such as Georgian, Adam, Classical Revival Colonial, Greek Revival, Queen Anne, and -Craftsman Styles. ii. Foundations. All exposed portions of the foundation of each dwelling unit shall be faced with brick. 17-1214 10/25/17 e. iii. Step-down Siding: Stepping the siding down below the first floor shall only be permitted in circumstances of unique topographical conditions. Step downs shall be permitted on the side and rear elevations only, with a maximum of two (2) steps permitted on any elevation, and with a minimum separation of eight ( 8 ) feet between steps. A minimum of 24 inches of exposed brick or stone shall be required, unless a lesser amount is approved by the Planning Department at time of plans review due to unique design circumstances. iv. Exterior Facades: Acceptable siding materials include brick, stone, masonry, vinyl siding, and approved horizontal lap siding. Horizontal lap siding may be manufactured from natural wood or cement fiber board or may be quality vinyl siding with a minimum wall thickness of 0.042 inches. Plywood and metal siding are not permitted. Roof Details i. Roofing material shall be dimensional architectural shingles or better with a minimum 30 -year warranty. ii. All constructed units shall have a minimum twelve (12) inch eave in front and rear. Porches and Stoops i. Front Porches: All front entry stoops and front porches shall be constructed with continuous masonry foundation wall or on 12" x 12" masonry piers. Extended front porches shall be a minimum of five (5) feet deep. Space between piers. under porches shall be enclosed with framed lattice panels. Handrails and railings shall be finished painted wood, vinyl rails or metal rail systems with vertical pickets or swan balusters. Pickets shall be supported on top and bottom rails that span between columns. f. Garages i. 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 four (4) feet forward of the front line of the .main .dwelling. ii. Front loaded and corner side loaded garages shall use an upgraded garage door. An upgraded garage , door is any door with a minimum of two (2) enhanced features. Enhanced features shall include windows, raised panels, decorative 17-1215 10/25/17 panels, arches, hinge straps or other architectural features on the exterior that enhance the entry (i.e. decorative lintels, shed roof - overhangs, arches, columns, keystones, eyebrows, etc.) Flat panel garage doors are prohibited. g. Heating, Ventilation and Air Conditioning (HVAC) Units and Whole House Generators. Units shall initially be, screened from view of public roads by landscaping or low maintenance material, as approved by the Planning Department. (P_& BI) Ayes: Jaeckle, Haley, Winslow, Holland and Elswick. Nays: None. 17SN0R16 In Midlothian and Clover Hill Magisterial Districts, WIC Pocoshock Company, LLC and StyleCraft Homes request amendment of zoning approval (Case 16SN0581) to amend cash proffers and amendment of zoning district map in a Townhouse Residential (R-TH) District on 33.5 acres located in the southeast and southwest corners of Pocoshock Boulevard and Elkhardt Road and along the east line of Pocoshock Boulevard, south of Elkhardt 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 762-700-4422. Mr. Tompkins presented 'a summary of Case 17SN0816 and stated both the Planning Commission and staff recommended approval and acceptance of the proffered conditions. Mr. Mark Kronenthal, representing the applicant, accepted the recommendation and stated he believes the conditions proffered are reasonable under state law. Ms. Jaeckle called for public comment. There being no one to speak to the issue, the public hearing was closed. On motion of Ms.. Haley, seconded by Mr. Winslow, the Board approved Case 17SN0816 and accepted the following proffered conditions: The Owner -Applicant in this zoning case, pursuant to Section 15.2-2298 of the Code of Virginia (1950 as amended) and the Zoning Ordinance of Chesterfield County, for itself and its successor or assigns, proffers that the development of the property (the "Property") will be developed as set forth below; however, in the' event the request is denied or approved with conditions not agreed to by the Owner - Applicant, these proffers shall be immediately null and void and of no further force or effect. 1. Proffered Condition 6 of Case 16SN0581 shall be deleted. All other conditions of Case 16SN0581 shall remain in force and effect. The following shall be added as additional proffers. 17-1216 10/25/17 2. Shared -Use Path. A ten (10) foot wide paved shared use path shall be provided along Elkhardt Road for the entire property frontage. Such shared use path may be located within the existing "Townes at Notting Place" thirty five (35) foot buffer, in accordance with ordinance requirements. The existing utility easement on the southeast side of Elkhardt Road may be used for such shared use path subject to approval of a license agreement consistent with Department of Utilities policy. (P, P&R) 3. Foundation and Perimeter Landscaping. a. Front Foundation Planting Beds. Foundation planting is required along the entire front facade of all dwelling units, and shall extend along all sides facing a street. Foundation planting beds shall be a minimum of three (3) feet wide from the unit foundation. Planting beds - shall include medium shrubs spaced a maximum of four (4) feet apart. Unit corners shall be visually softened with vertical accent shrubs (4'-5') or small evergreen trees (6'-8') at the time of planting. b. Perimeter Landscaping. Perimeter landscaping shall be consistent with the landscape plan entitled "Townes at Notting Place Landscape Plan" prepared by Balzer, dated June 22, 2017, and approved by the Planning Department on June 29, 2017. (P) 4. Heating, Ventilation and Air Conditioning (HVAC) Units and Whole House Generators. Units shall initially be screened from view of public roads by landscaping or low maintenance material, as approved by the Planning Department. (P) 5. Front Walks. A minimum of a three (3) foot wide concrete front walk shall be provided to the front entrance of each dwelling unit, to connect to drives, parking areas, sidewalks, or streets. (P) Ayes: Jaeckle, Haley, Winslow, Holland and Elswick. Nays: None. 179MOR21 In Matoaca Magisterial District, Southern Century LLC requests amendment of zoning approval (Case 04SN0205) to amend cash proffers, road improvements and phasing plus a conditional use to permit neighborhood recreational use and amendment of zoning district map in a Residential (R-12) District on 138.1 acres fronting 2,350 feet on the south line of Genito Road, 755 feet west of Mount Herman Road. Density will be controlled by zoning conditions or ordinance standards. The Comprehensive Plan suggests the property is appropriate for Phased Suburban Residential (maximum of 2.0 dwellings per acre). Tax IDs 699-689-9908; 701-689-2601 and 3491. Mr. Tompkins presented a summary of Case 17SNO821 and stated both the Planning Commission and staff recommended approval and acceptance of the proffered conditions. 17-1217 10/25/17 i Mr. Andy Scherzer, representing the applicant, accepted the recommendation. In response to Mr. Mincks' question, Mr. Scherzer stated he believes the conditions proffered are. reasonable under state law. Ms. Jaeckle 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 Ms. Haley, the Board approved Case 17SN0821 and accepted the following proffered conditions: With the approval of this request, Proffered Conditions 2 and 20 of Case 04SN0205 shall be deleted, and Proffered Conditions 11 and 12 of Case 04SN0205 shall be amended as outlined below. All other conditions of Case 04SN0205 shall remain in force and effect. The Applicant amends Proffered Condition 11 to read as follows: 1. Road Improvements. The owner/developer shall be responsible for the following: a. Construction of additional pavement along Genito Road at each approved access to provide right and left turn lanes; b. Widening/improving the south side of Genito Road to a twelve (12) foot wide travel lane, measured from the centerline of the existing pavement, with an additional four (4) foot wide paved shoulder plus a four (4) foot wide unpaved shoulder and overlaying the full width of the road with one and a half (1.5) inch of compacted bituminous asphalt concrete, with any modifications approved by the Transportation Department, for the entire property frontage; and C. Dedication to Chesterfield County, free and unrestricted, of any additional right-of-way (or easements) required for the improvements identified above. (T) The Applicant amends Proffered Condition 12 to read as follows: 2. Phasing Plan. Prior to recordation of the initial subdivision plat, a phasing plan for the required road improvements, identified in Proffered Condition 1, shall be submitted to and approved by the Transportation Department. The approved phasing plan shall include a requirement to complete, as determined by the Transportation Department, the road improvements. identified in Proffered Condition l.b in conjunction with development of more than a cumulative total of 59 lots. (T) 17-1218 10/25/17 The Applicant hereby offers the following proffered conditions: 3. Architectural/Design Elements: a. Driveways/Front Walks i. Driveways: All portions of driveways and parking areas shall be brushed concrete, stamped concrete, exposed aggregate concrete, asphalt or decorative pavers. ii. Front Walks: A minimum of a three (3) foot wide concrete, or decorative pavers, front walk shall be provided to the entrance of each dwelling unit, to connect to drives, sidewalks, or streets. b. Landscaping i. Front Yard Tree: One (1) tree per'lot shall be planted or retained. A tree shall be planted or retained on both street frontages on corner lots. The front yard tree shall be a large deciduous tree and have a minimum caliper of 2.5 inches. Native trees shall be permitted to have a minimum caliper of 2 inches. ii. Front Foundation Planting Beds: Foundation planting is required along the entire front facade of all units, and shall extend along all sides facing a street. -Foundation Planting Beds , shall be a minimum of four (4 ) feet wide from the unit foundation. Planting beds shall be defined with a trenched edge or suitable landscape edging material. Planting beds shall include medium shrubs and may include spreading groundcovers. Unit corners shall be visually softened with vertical accent shrubs (4'-51) or small evergreen trees (6'-81) at the time of planting. C. Architecture and Materials i. Style and Form: The architectural styles shall be interpretations of traditional Richmond architecture, using forms and elements compatible with those elevations in Exhibit B, including styles such as Georgian, Adam, Classical Revival, Colonial, Greek Revival, Queen Anne, and Craftsman Styles. i. Repetition: Dwellings with the same elevations may not be located adjacent to, directly across, or diagonally across from each other on the same street. This requirement does not apply to units on different streets backing up to each other. ii. Step Down Siding. Stepping the siding down below the first floor shall only be permitted in circumstances of unique topographical conditions. Step downs shall be permitted on 17-1219 10/25/17 the side and rear elevations only, with a maximum of two (2) steps permitted on any elevation, and with a minimum separation of eight (8) feet between steps. A minimum of 24 inches of exposed brick or stone shall be required, unless a -lesser amount is approved by the Planning Department at time of plans review due to unique design circumstances. - iii. Exterior Facades: Acceptable siding materials include brick, stone, masonry, stucco synthetic stucco (E.I.F.S), vinyl siding, and approved horizontal lap siding. Horizontal lap siding may be manufactured from natural wood or cement fiber board or may be premium quality vinyl siding. Plywood and metal siding are not permitted. Additional siding requirements: 1. Where a dwelling borders more than one street, all street -facing facades shall be finished in the same materials. 2. Vinyl siding is permitted in traditional wide beaded styles or comparable quality. Dutch lap siding is not permitted. Premium quality vinyl is defined as -vinyl siding with a minimum wall thickness of .044 inches. 3. Synthetic Stucco siding shall be finished in smooth, sand or level texture. Rough textures are not permitted. d. Roof Materials: Roofing material shall be standing seam metal or dimensional architectural shingles with a minimum 30 -year warranty. e. Front Porches: Extended front porches shall be a minimum of five ( 5 ) feet deep. Space between piers under porches shall be enclosed with framed lattice panels. Handrails and railings shall be finished painted wood, vinyl rails or metal rail systems with vertical pickets or swan balusters. Pickets shall be supported on top and bottom rails that span between columns. f. Garage Details. Corner side loaded garages shall use an upgraded garage door. An upgraded garage door is any door with a minimum of two (2) enhanced features. Enhanced features shall include; windows, raised panels, decorative panels, arches, hinge straps or other architectural features on the exterior that enhance the entry (i.e. decorative lintels, shed roof overhangs, arches, columns, keystones, eyebrows, etc.). Flat panel garage doors are prohibited. g.' Heating, Ventilation and Air Conditioning (HVAC) Units and Whole House Generators. Units shall initially be screened from'view of public roads by landscaping or low maintenance material, as approved by the Planning Department. (P and BI) 17-1220 10/25/17 4 5 n Recreational Facilities. Recreational facilities shall be permitted. These uses shall be limited to facilities and uses that primarily serve the surrounding residential community including, but not limited to, passive recreation, such as picnic areas, trails, paths, sidewalks, ponds, open space, and vistas, and active facilities, such as swimming pools, tennis courts, basketballs courts, volleyball courts, playgrounds, and clubhouses. (P) Active Recreation. a. With the exception of playground areas (i.e., areas accommodating swings, jungle gyms, or similar such facilities), outdoor playfields, courts, swimming pools and similar. active recreational shall be setback seventy-five (75) feet from single family residential lot lines and property adjacent to the subdivision. Except along Genito Road where a 100 - foot buffer is required in accordance with Condition 3 of Case 04SN0205, such uses shall be setback a minimum of twenty-five (25) feet from roads. b. Within the setbacks, a twenty-five (25) foot buffer shall be provided in accordance with Zoning Ordinance requirements for fifty (50) foot buffers. (P) Indoor and Passive Recreational Facilities, Parking and Playgrounds. a. Indoor facilities, parking, playground areas and passive recreational facilities shall be setback a minimum of fifty (50) feet from single family residential lot lines and property adjacent to the subdivision, and twenty-five (25) feet from roads, except along Genito Road where a 100 -foot buffer is required in accordance _with Condition 3 of Case 04SN0205. b. Within the fifty (50) foot setbacks, a forty (40) foot buffer shall be provided, and within the twenty-five (25) foot setbacks, a twenty-five (25) foot buffer shall be provided. Both buffers shall be provided along the perimeter of these recreational facilities and in accordance with Zoning Ordinance Section 19.1--263. (P) 7. Outside public-address systems or speakers. Outside public-address systems or speakers shall only be permitted in conjunction with pool use. The systems or speakers shall not be used between the hours of 11 p.m. and 8 a.m. (P) 8. Focal Point/Open Space. a. A minimum of five (5) acres of open space, inclusive of the existing pond, shall be provided as a "focal point" for this property. The focal point shall be centrally located, as shown on Exhibit A "Zoning Exhibit", and have benches and other amenities that accommodate and facilitate 17-1221 10/25/17 gatherings. The focal point shall be developed concurrent with the phase of development that the focal point is located in. No lots shall abut the focal point area to the east or north side of the pond as shown on Exhibit A. b. A covered community gathering\ space such as a pavilion, gazebo, or similar structures ("Pavilion") shall be provided on the Property within open space. i. The pavilion(s) shall be a minimum of 192 square feet in size and the design of the pavilion(s) shall be compatible with the architecture of the community. The space within the pavilion(s) shall be hardscaped and include benches or other seating to facilitate gatherings. The pavilion(s) shall be connected to the main sidewalk within the development by a pathway or walking trail. ii. The exact location of the pavilion(s) shall be determined at the time of the initial construction plan approval. iii.Once the location(s) is(are) identified, the pavilion(s) shall be constructed as part of that row or group of residential units immediately adjacent to the pavilion(s) location(s). iv. Notwithstanding the provisions above, a pavilion shall be under construction prior to the issuance of the 50th building permit. (P) 9. Sidewalks. Sidewalks shall be provided throughout the development and to connect to the adjacent parcel with Tax ID 702-688-6738, as generally shown on Exhibit A "Zoning Exhibit." (P) Ayes: Jaeckle, Haley, Winslow, Holland and Elswick. Nays: None. 18SN0500 In Bermuda Magisterial District, Melanie A. Knowles and Chad A. Knowles request amendment of zoning approval (Case 04SN0314) to amend cash proffers and amendment of zoning district map in a Multifamily Residential (R -MF) District on 1.2 acres located at the northeastern terminus of Blossom Point Road within the Magnolia Lake Subdivision. Density will be controlled by zoning conditions or ordinance standards. The Comprehensive Plan suggests the property is appropriate for Residential use (7.0 dwellings per acre or more). Tax ID 781-653-4792. Mr. Tompkins presented a summary of Case 18SNO500 and stated both the Planning Commission and staff recommended approval and acceptance of the proffered conditions. Mr. Chad Knowles accepted the recommendation. In response to Mr. Mincks' question, Mr. Knowles stated he believes the conditions proffered are reasonable under state law. 17-1222 10/25/17 Ms. Jaeckle called for public comment. There being no one to speak to the issue, the public hearing was closed. Ms. Jaeckle made a motion, seconded by Ms. Haley, for the Board to approve Case 18SN0500 and accept the following proffered conditions: The property owner and applicant in this case, pursuant to Section 15.2-2298 of the code of Virginia (1950 as amended) and the Zoning ordinance of Chesterfield County, for itself and its successors or assigns, proffer that the property under consideration will be developed according to the following proffers if, and only if, the request. submitted herewith is granted with only those conditions agreed to by the owners and applicant. In the event the request is denied or approved with conditions not agreed to by the owners and applicants, the proffers shall immediately be null and void and of no further force or effect. The applicant hereby amends Proffered Condition 27 of Case 04SNO314 to read as follows: 1. Cash Proffers: For the dwelling, the applicant shall pay $3854 to the County of Chesterfield for road improvements within the service district for the property. Should Chesterfield County impose impact fees 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) The Applicant hereby offers the following proffers: 2. Architectural/Design Elements: A. Driveways/Front Walks 1. Driveways: All portions of the driveway shall be concrete, stamped concrete, exposed aggregate concrete, asphalt or decorative pavers. 2. Front Walks: A concrete front walk shall be provided to the front entrance of the dwelling, to connect to driveway. B. Landscaping Front Foundation Planting Bed: A foundation - planting along the "front facade of the dwelling which faces the public street, excluding any area where a porch, architectural features and a garage are present. Planting beds shall be defined with a trenched edge or suitable landscape edging material. Planting beds may include various small shrubs and may include spreading groundcovers. C. Porch. The front porch shall be constructed with continuous masonry foundation wall. Steps shall be constructed of brick. Handrails and railings shall be finished painted wood, vinyl rails or metal rail systems. D. Garage. The dwelling shall have a minimum of an attached 2 -car garage. (P and BI) Ayes: Jaeckle, Haley, Winslow, Holland and Elswick. Nays: None. 17-1223 10/25/17 if_IL= k I' UE In Matoaca Magisterial District, Windswept Development LLC requests rezoning from Agricultural (A) to Residential (R-12) plus conditional use planned development to permit exceptions to ordinance requirements and amendment of zoning district map on 5.1 acres lying 725 feet off the north line of Broadmoor Road, 820 feet west of Otterdale Road. 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 Suburban Residential I use (maximum of 2.0 dwellings per acre). Tax ID 709-683-2119. Mr. Tompkins presented a summary of Case 18SN0509 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 and stated he believes the conditions proffered are reasonable under state law. Ms. Jaeckle 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. Holland, ,the Board approved Case 18SN0509 and accepted the following proffered conditions: 1. Master Plan. The Textual Statement, last revised September 13, 2017, shall be considered the Master Plan. (P) 2. Utilities. Public water and wastewater systems shall be used. (U) 3. Density. The maximum density of this development shall not exceed eleven (11) lots. (P) 4. Road - Cash Proffers. For each dwelling unit, the applicant, sub -divider, or assignee(s) shall pay $9,400 to the County of Chesterfield for, road improvements within the service district for the property. Each payment shall be made prior to the issuance of a building permit for a dwelling unit unless state law modifies the timing of the payment. Should Chesterfield County impose impact fees 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) 5. Architectural/Design Elements: a. Driveways/Front Walks i. Driveways: All portions of driveways and parking areas shall be brushed concrete, stamped concrete, exposed aggregateconcrete, asphalt or decorative pavers. ii. Front Walks: A minimum of a 42 -inch -wide concrete front walk shall be provided to the front entrance of each dwelling unit, to connect to drives, sidewalks or street. 17-1224 10/25/17 IOT c Landscaping i. Front Yard Tree: One (1) tree per lot shall be planted or retained. A tree shall be planted or retained on both street frontages on corner lots. The front yard tree shall be a large deciduous tree and have a minimum caliper of 2.5 inches. Native trees shall be permitted to have a minimum caliper of 2 inches. ii. Front Foundation Planting Beds: Foundation planting is required along the entire front facade of all units, and shall extend along all sides facing a street. Foundation Planting Beds shall be a minimum of four (4) feet wide from the unit foundation. Planting beds shall be defined with a trenched edge or suitable landscape edging material. Planting beds shall include medium shrubs and may include spreading groundcovers. Unit corners shall be visually softened with vertical accent shrubs (4'-51) or small evergreen trees (6'-81) at the time of planting. Architecture and Materials i. Style and Form: The architectural styles shall be interpretations of traditional Richmond architecture, using forms and elements compatible with those in the existing Broadmoor Park subdivision. ii. Repetition: Dwellings with the same elevations may not be located adjacent to, directly across from, or diagonally across from each other on the same street. This requirement does not apply to units on different streets backing up to each other. iii. Foundations: The exposed portion of any foundation shall be of brick, synthetic stone, natural stone or combinations thereof. Synthetic or natural stucco foundations may be permitted for facades constructed of entirely stucco. iv. Step Down Siding. Stepping the siding down below the first floor shall only be permitted in circumstances of unique topographical conditions. Step downs shall be permitted on the side and rear elevations only, with a maximum of two (2) steps permitted on any elevation, and with a minimum separation of eight (8) feet between steps. A minimum of 24 inches of exposed brick or stone shall be required, unless a lesser amount is approved by the Planning Department at time of plans review due to unique design circumstances. V. Exterior include synthetic approved Facades: Acceptable siding materials brick, stone, masonry, stucco, stucco (E.I.F.S), vinyl siding, and horizontal lap siding. Horizontal lap 17-1225 10/25/17 siding may be manufactured from natural wood or cement fiber board or may be premium quality vinyl siding with a minimum wall thickness of 0.042 ,inches. Plywood and metal siding are not permitted. d. Roof Materials: Roofing material shall be dimensional architectural shingles or better with a minimum 30 -year warranty. e. Porches and Stoops i. Front Porches: All front entry stoops and front porches shall be constructed with continuous masonry foundation wall or on 12" x 12" masonry piers. Extended front porches shall be a minimum of five (5)- feet deep. Space between piers under porches shall be enclosed with framed lattice panels. Handrails and railings shall be finished painted wood, vinyl rails or metal rail systems with vertical pickets or swan balusters. Pickets shall be supported on top and bottom rails that span between columns. f. Garages i. Front loaded and corner side loaded garages shall use an upgraded garage door. An upgraded garage door is any door with a minimum of two (2) enhanced features. Enhanced features shall include windows, raised panels, decorative panels, arches, hinge straps or other architectural features on the exterior that enhance the entry (i.e. decorative lintels, shed roof overhangs, arches, columns, keystones, eyebrows, etc.) Flat panel garage doors are prohibited. g. -Heating, Ventilation and Air Conditioning (HVAC) Units and Whole House Generators. Units shall initially be screened from view of public roads by landscaping or low maintenance material, as approved by the Planning Department. (P and BI) 6. Dwelling Size. The minimum gross floor area for one story dwelling units shall be 1,800 square feet and dwelling units with more than one', -story shall. have a minimum gross floor area of 2,000 square feet. (P and . BI) 7. Post Development Discharge Rates. For the portion of the property which drains to the Summer Lake subdivision, the maximum post -development discharge rate for the 100 - year storm shall be based on the maximum capacity of the existing facilities downstream, and the record 100 -year backwater and/or floodplain shall not be increased. On- site detention of the post -development 100 -year discharge rate' to below the pre -development 100 -year discharge rate may be provided to satisfy this requirement. (EE) 17-1226 10/25/17 8. Dam Failure Analysis. Any detention facility serving the site should be a dry facility below the existing ground so no manmade compacted embankment is required. If some level of manmade embankment is necessary, a dam failure analysis may be required, as determined by the Department of Environmental Engineering at the time of site plan review, showing no homes will be detrimentally impacted. The dam embankment design should include, but not limited to, a clay core or a syphon structure. (EE) Ayes: Jaeckle, Haley, Winslow, Holland and Elswick. Nays: None. 18SN0516 In Dale Magisterial District, Scott Mills requests conditional.use to permit office uses and amendment of zoning district map in an Agricultural (A) District on 2.1 acres known as 7125 Iron Bridge Road. Density will be controlled by zoning conditions or ordinance standards. The Comprehensive Plan suggests the property is appropriate for Medium -High Density Residential use (minimum 4.0 to 8.0 dwellings per acre). Tax ID 773-676-0229. . Mr. Tompkins presented a summary of Case 18SN0516 and stated both the Planning Commission and staff recommended approval, subject to the conditions. Mr. Jack Wilson, .representing the applicant, accepted the conditions. In response to Mr. Winslow's question, Mr. Drew Noxon stated exterior improvements or expansions are not necessary to existing buildings. Ms. Jaeckle called for public comment. There being no one to speak to the issue, the public hearing was closed. On motion of Mr. Holland, seconded by Mr. Winslow, the Board approved Case 18SN0516, subject to the following conditions: 1. Use. This Conditional Use approval shall be granted to and for Scott Mills, exclusively, and shall not be transferable or run with the land. (P) 2. Use Limitation. Use of the premises shall be limited to a real estate office. (P) 3. Expansion. With the exception of ordinary maintenance and improvements necessary to meet the building code, additions to the existing buildings, exterior alterations, and/or expansion of the use shall not be permitted. (P) 4. Outside Storage. Materials associated with the business shall be stored entirely within enclosed buildings. (P) 5. Landscaping Adjacent to Parking Area. Landscaping shall be installed and maintained along the northern property boundary adjacent to 7115 Iron Bridge Road (GPIN 773-676- 0755) to minimize visibility of vehicular headlights from the adjacent residence. Such landscaping shall consist of 17-1227 10/25/17 I� 1 an evergreen hedgerow, planted in accordance with Ordinance requirements. This landscaping shall be maintained until such time that the adjacent property is zoned and occupied by non-residential uses. (P) 6. Signage. Signage shall -be limited to one (1) free- standing sign not to exceed 24 square feet of sign area and 10 feet in height. (P) Ayes: Jaeckle, Haley, Winslow, Holland and Elswick. Nays: None. 1 RChTnt;71 In Bermuda Magisterial District, Connie Turner and Avery Turner request conditional use planned development, to permit exceptions to ordinance requirements to fallow accessory structures to exceed the square footage of ,the principle dwelling and amendment. of zoning district map in a Residential (R-7) District on 0.8 acre known as 9810 Jean. Drive. Density will be controlled by zoning conditions or ordinance standards. The Comprehensive Plan suggests the property is appropriate for General Industrial.use. Tax IDs 796-668-9894 and 796-669-9506. Mr. Tompkins presented a summary of Case 18SN0521 and stated both the -Planning Commission and staff recommended approval, subject to the conditions. Mr. Avery Turner accepted the conditions. Ms. Jaeckle called for public comment. There being no one to speak to the issue, the public hearing was closed. Ms. Jaeckle made a motion, seconded by Mr. Winslow, for the Board to approve Case 18SN0521, subject to the following conditions: 1. Any further improvements or other accessory structures shall meet Ordinance requirements. (P) 2. The gross square footage of all accessory structures on the lot shall not exceed 2,334 square feet. (P) Ayes: Jaeckle, Haley, Winslow, Holland and Elswick. Nays: None. 18SN0528 In Midlothian Magisterial District, Lucas Properties LLC requests amendment of zoning approval (Case 07.SN0282) to amend cash proffers, transportation improvements, development standards, and utility connections and an exception to Section 18-60 of the utility ordinance for connection to the public water and sewer systems and amendment of zoning district map in a Residential (R-25) District on 2.9 acres fronting 480 feet on the west line of Corner -Rock Road, 90 feet north of Framar Drive. Density will be controlled by zoning conditions or ordinance standards. The Comprehensive Plan suggests the property is appropriate for Low Density Residential use (maximum of 1.0 dwelling per acre). Tax ID - 735 -717-1405. 17-1228 10/25/17 Mr. Tompkins presented a summary of Case 18SN0528 and stated the Planning Commission and staff recommended approval; however, staff recommended denial of Request II because no topographic or capacity limitation prevents connection and failure to incrementally extend the public utility system adversely affects area public utility service and achievement of highest and best land use suggested by the Comprehensive Plan. Ms. Haley indicated she was prepared to move for approval of the request and did not need a presentation from staff. Mr. Andy Scherzer, representing the applicant, stated existing zoning permits a maximum of 15 single-family dwelling units -on 12.1 acres, of which 2.9 acres is in the current request. He further stated the applicant's proposal would subdivide the property to create two lots. In response to Mr. Mincks' question, Mr. Scherzer stated he believes the conditions proffered are reasonable under state law. In response to Mr. Winslow's question, Mr. Scherzer stated vinyl siding was permitted on current homes on Corner Rock Road. Ms. Jaeckle called for public comment. Mr. Bill Brown urged the Board to approve staff's recommendations. Mr. Freddy Boisseau expressed concerns relative to the reduction in cash proffers. There being no one else to speak to the issue, the public hearing was closed. On motion of Ms. Haley, seconded by Mr. Holland, the Board approved Request I and Request II of Case 18SN0528 and accepted the following proffered conditions: - With the approval of this request, Proffered Conditions 8 and 14 of Case 07SN0282 shall be deleted and Conditions 3, 4, 5, and 12 of Case 07SN0282 shall be amended as outlined below. All other conditions of Case 07SN0282 shall remain in force and effect. The applicant amends Proffered Condition 3 to read as follows: 1. Vinyl Siding. Vinyl siding shall be permitted with a minimum wall thickness of 0.044 inches. (P) The applicant amends Proffered Condition 4 to read as follows: 2. Public Water. Public water shall be used for Lot 2, as shown on Exhibit A. (U) The applicant amends Proffered Condition 5 to read .as follows: 17-1229 10/25/17 3. Cash Proffer. For each dwelling unit, the applicant, sub -divider, or assignee(s) shall pay $9,400 to the County of Chesterfield for road improvements within the service district for the property. Each payment shall be made prior to the. issuance of a building permit for a dwelling unit unless state law modifies the timing of the payment., Should Chesterfield County impose impact fees 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) The applicant amends Proffered Condition 12 to read as follows: 4. Driveways. All newly constructed private driveways serving residential uses shall be stone pavers, brushed concrete, stamped concrete, exposed aggregate concrete or asphalt, provided that Lot 2, as shown on Exhibit A titled "Preliminary Plat", shall be permitted to have a brown gravel driveway with a minimum twenty-five (25) foot hardscaped entry feature and a durable border along the gravel area, as generally shown in Exhibit B. (P) The applicant hereby offers the following proffered conditions:. 5. Density. The maximum density shall not exceed two (2) dwelling units. (P) 6. Textual Statement. An exception to the use of public wastewater as identified in the Textual Statement, last revised September 13, 2017, shall be approved. (P) 7.. Wastewater Easements. In conjunction with the preliminary plat approval of subdivision,' permanent and temporary construction wastewater easements shall be dedicated on the property for future extensions to serve this property and others beyond, this development. The location of the easements shall be where deemed appropriate by mutual agreement of the developer and.the Department of Utilities. (U) The applicant hereby offers the following proffered conditions for all newly constructed dwelling units, excluding the existing dwelling on Parcel ID 735-717-1405: 8. Architectural/Desicrn Elements: a. Front Walks. A minimum of a three (3) foot wide concrete front walk shall be provided to the front entrance of each dwelling unit, to connect to drives, sidewalks or street. b. Lamp Posts. One (1) residential grade lamp post shall be provided for each dwelling unit. C. Landscaping. i. Front Yard Tree: One (1) tree per lot shall be planted or retained. A tree shall be planted or retained on both street frontages on corner 17-1230 10/25/17 lots. The front yard tree shall be a large deciduous tree and have a minimum caliper of 2.5 inches. Native trees shall be permitted to have a minimum caliper of 2 inches. ii. Front Foundation Planting 'Beds: Foundation planting is required along the entire front facade of all units, and shall extend along all sides facing a street. Foundation Planting Beds shall be a minimum of four (4) feet wide from the unit foundation. Planting beds shall be defined with a trenched edge or suitable landscape edging material. Planting beds shall include medium shrubs spaced a maximum of four (4) feet apart and may include spreading groundcovers. Unit corners shall be visually softened with vertical accent shrubs (4'-5') or small evergreen trees (6'-81) at the time of planting. d. Architecture and Materials. i. Style and Form: The architectural styles shall be interpretations of traditional Richmond architecture, using forms and elements compatible with styles such as Georgian, Adam, Classical Revival Colonial, Greek Revival, Queen Anne, and Craftsman Styles. i. Exterior Facades: Acceptable siding materials include brick, stone, masonry, fiber cement siding (such as HardiPlank, HardieShingle, and HardieTrim), or engineered wood siding (such as LP SmartSide). Plywood and metal siding are not permitted. e. Roof Materials. Roofing material shall be dimensional architectural shingles or better with a minimum 30 -year warranty. f. Front Stoops and Porches: All front entry stoops and front porches shall be constructed with continuous masonry foundation wall or on 12" x 12" masonry piers. Extended front porches shall be a minimum of five ( 5 ) feet deep. Space between piers under porches shall be enclosed with framed lattice panels. Handrails and railings shall be finished painted wood, vinyl rails or metal rail systems with vertical pickets or swan balusters. Pickets shall be supported on top and bottom rails that span between columns. g. Garages. All residential dwelling units to be constructed shall have an attached or detached garage containing a minimum of 400 gross square feet. Front loaded and corner side loaded garages shall use an upgraded garage door. An upgraded garage door is any door with a minimum of two (2) enhanced features. Enhanced features shall include windows, raised panels, decorative panels, arches, hinge straps or other architectural features on the, exterior that enhance the entry (i.e. decorative lintels, shed roof overhangs, arches, columns, 17-1231 10/25/17 keystones, eyebrows, etc.) Flat panel garage doors are prohibited. h. Heating, Ventilation and Air Conditioning (HVAC) Units and Whole House Generators. Units shall initially be screened from view of public roads by landscaping or low maintenance material, as approved by the Planning Department. (P) The applicant hereby offers the following proffer for any fence constructed on Lot 2, as shown on Exhibit A titled "Preliminary Plat": 9. Fences. Any rear yard fences constructed shall be vinyl, wood, fiber cement lumber, composite and/or comparable material. The height of rear yard fences shall not exceed six (6) feet. Chain link _fence shall be prohibited. (P) Ayes: Jaeckle, Haley, Winslow, Holland and Elswick. Nays: None. 16. PUBLIC HEARINGS 16.A. TO CONSIDER AMENDMENTS TO SECTIONS 19.1-3 AND 19.1-41 OF THE COUNTY CODE RELATING TO NONCONFORMING USES AND RELATED FEES Mr. Ray Cash stated this date and time has been advertised for the Board to consider amendments to Sections 19.1-3 and 19.1-41 of the County Code relating to nonconforming uses and related fees. He further stated the amendment addresses changes to the nonconforming section of the zoning ordinance. Specifically, he stated the state law change requires that the ordinance establish a structure as nonconforming under the following circumstances: the structuredid not require.a permit; an. authorized -local government official informed the property owner that the structure would -comply with the ordinance; and the structure was subsequently constructed accordingly. He further stated the' law establishes that in any proceedings when the authorized. official is deceased or unavailable to testify, any. uncorroborated testimony of the oral statement is not sufficient to prove the official made the statement. He stated the state law requires that if a use does not conform to the zoning district in. which located, a business license was issued for the use, and the holder of the license has operated continuously in the same location.for at least 15 years and paid all local taxes for the use, the holder of the business license shall be exempt from any fee when applying for a Conditional Use, Special Exception, or Zoning to permit the use. In response to Ms. Jaeckle's question, Mr. Cash stated a home daycare would be exempt if meeting the criteria. Ms. Jaeckle called for public comment. There being no one to address the issue, the public hearing was closed. 17-1232 10/25/17 On motion of Mr. Winslow, seconded by Ms. Haley, the Board adopted the following ordinance: AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING AND REENACTING SECTIONS 19.1-3 AND 19.1-41 OF THE ZONING ORDINANCE RELATING TO NONCONFORMING USES AND RELATED FEES BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Sections,19.1-3 and 19.1-41 of the Code of the County of Chesterfield, 1997, as amended, are amended and re- enacted, to read as follows: B. Enlargement, Extension, Reconstruction, Substitution, or Structural Alteration of Nonconforming Use. Except where otherwise provided, a nonconforming use, building or structure shall not be" enlarged, extended, reconstructed, substituted, or structurally altered except when required by law or lawful order or as follows: 000 7. Additionally, a nonconforming building or structure shall include those circumstances where: • a permit was not required and an authorized governmental official informed the property owner that the structure would comply with the zoning ordinance; and • the improvements were then constructed accordingly. In any proceeding when the authorized county official is deceased or unavailable to testify, uncorroborated testimony of the oral statement of such official shall not be sufficient evidence to prove that the authorized county official made such statement. 8. A nonconforming building or structure may be repaired, rebuilt or replaced after being damaged or destroyed by a natural disaster or other act of God or accidental fire provided that: • the nonconforming features are eliminated or reduced to the extent possible, without the need to obtain a variance or other zoning approval; • the requirements of the floodplain regulations of this chapter are met; and 17-1233 10/25/17 • the work. is done within 2 years unless the building is in an area under a federal disaster .declaration and was damaged or destroyed as a direct result of the disaster, in which case the time period shall be extended to 4 years. For purposes ofthis section, "act of God" shall include any natural disaster or phenomena including a hurricane, tornado, storm-, flood, high water, wind - driven water, tidal wave, earthquake or fire caused by lightning or wildfire. Nothing herein shall -be construed to enable the property owner to commit an arson under the Code of Virginia. and obtain vested rights under.th,is section. 9. A nonconforming. manufactured home within a manufactured home park may be replaced with another comparable manufactured home that meets the HUD manufactured housing code. In such circumstances, a single=section home may replace a single -section home and a multi -section home may replace a multi -section home. A nonconforming manufactured home located on an individual lot may .be replaced with a newer manufactured home, either single- or multi -section, that meets the.HUD manufactured housing code. M� Sec. 19.1-41. Fees. The fees shown in Tables 19.1-41.A., B. and C. shall be submitted in conjunction with the specified application or request, provided, however, - fees for a single application shall not exceed $75,000. Fees shall be waived for any County department.or agency'excluding the Chesterfield County Airport, Utilities Department and Public Schools. Except where otherwise stated, each application shall be limited to either a single lot, a combination of lots provided the lots are contiguous. to each other, or any combination of lots which were the subject of the same condition of a zoning approval. Acreage fees shall be prorated on any portion in excess of each.whole acre. 17-1234 10/25/17 A' Ni Table 19-.1-41. A. Plannincr Commission and Application Type Board 'of Supervisors Application Fee), Fee (in dollars) 1400 plus 70 per acre in excess of 1 Rezoning acre['] [2] 7500 plus 100 per acre in excess of Communication Tower 1 acre [2] Computer Controlled 2100 plus 100 per acre in excess of Variable Message Electronic (EMC) Sign 1 acre Landfill, Quarry, Mine or 7500 plus 100 per acre in excess of Conditional Borrow Pit 1 acre[2] Use 7500 plus 100 per acre in excess of Adult Business 1 [21 or acre Conditional Use Incidental to Principal Use Planned Dwelling to include Family 300 [2] Development E31 Day Care Home Recreational Facility and Grounds Primarily Serving 300 [2] Surrounding Residential Community 1400 plus 70 per acre in excess of 1 All Others acre['] [2] Communication Tower 7500 plus 100 per acre in excess of Substantial 1 acre[2] Accord 1400 plus 70 per acre in excess of 1 All Others acre [z] Manufactured Home Permit 200 Single Family Dwelling or Resource Accessory Use to Single 300 Protection Family Dwelling Area . Exception All Others 2300 Use Incidental to Principal Dwelling to include Family Day Care Home or Resource 300 [21 Protection Area Single Family Dwelling Amend Recreational Facility and Conditions of Grounds Primarily Serving 300 [21 Previously Surrounding Residential Approved Community Application[3] Manufactured Home Permit 200 2000 for first 2 conditions plus 1000 for each condition All Others thereafter (includes condition of textual statement) [1] [2] Deferral Request by Applicant of Planning 1000 for first deferral Commission or Board of Supervisors, Public plus 2000 for each deferral Hearing /Meeting [31 thereafter['] 000 Notes for Table 19.1-41.A. [1] For any office, commercial or industrial use within an enterprise zone, enterprise subzone or technology zone as designated by the county code, an application fee shall, not be required provided the director of planning determines that the request is in compliance with the comprehensive plan. [2] One application may be made for any combination of the requests footnoted as [2] The fee for any combination of these requests shall not be cumulative; rather the fee shall be based upon the category having the highest fee. [3] If a use does not conform to the zoning district in which located, a business license was issued for the use, and the holder of the license has operated continuously in the same location for at least 15.years and paid all local taxes for the use, the holder of the business license shall be exempt from the fee when applying for approval to permit the use. ?) That this ordinance shall become effective immediately Don adoption. res: Jaeckle, Haley, Winslow, Holland and Elswick. iys: None. 17-1235 10/25/17 16.B. TO CONSIDER AMENDMENTS TO SECTIONS 19.1-2, 19.1-53 AND 19.1-570 OF THE COUNTY CODE RELATING'TO SMALL CELL COMMUNICATION FACILITIES Mr. Cash stated this date and time has been advertised for the Board to consider amendments to Sections 19.1-2, 19.1-53 and 19.1-570 of the County Code relating to small cell communication facilities. He further stated the state code amendment basically precludes localities from requiring a conditional use or special exception for small cell communication facilities, and precludes regulating such uses other than to address: interference with other communication facilities or public safety, both of which are regulated by the FCC; or aesthetics when locating on publicly owned or publicly controlled property, which would be addressed through any lease agreement with the applicable public body. He stated the amendment would allow small cells attached to existing structures in all zoning districts and define the use by limiting their size in accordance with state law. In response to Mr. Elswick's question, Mr. Mincks stated this requirement is a result of the cell phone companies lobbying the General Assembly to regulate localities. Ms. Jaeckle called for public comment. There being no one to address the issue, the public hearing was closed. Mr. Winslow expressed concerns relative to the infringement on localities' rights. On motion of Ms. Haley, seconded by Mr. Winslow, the Board adopted the following ordinance: AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING AND REENACTING SECTIONS 19.1-2, 19.1-53 AND 19.1-570 OF THE ZONING ORDINANCE RELATING TO COMMUNICATION SMALL CELLS BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Sections 19.1-2, 19.1-53 and 19.1-570 of the Code of the County of Chesterfield, 1997, as amended, are amended and re-enacted, to read as follows: 'rable 19.1-52.A. USES ENUNIERATED. P=Permitted. by Right Rand RS= Permitted with Restrictions A=Accessory C=Conditional Use S=Special Exception M= Manufactured. Home Permit Use Z(Itting Districts R-7 R -C R-TH -R-MF MH -1 MH -2 MH -3 A O -I O-2 C-1 C-2 C-3 C-4 C-5 I=1 I-2 I-3 thty 88 - 000 Communication small cell P P P P P P P P P P P P P P FP 7PP P 000 17-1236 10/25/17 Sec. 19.1-53. Restricted Uses Listed as "R" or "RS". Those uses listed as "R'.' or "RS" .in Table 19.1-52.A. shall be permitted in the respective zoning districts provided that the restrictions as outlined below are met. If the restrictions cannot be met, the use may be allowed in the respective zoning district through either a Conditional Use or Special Exception. MM [Editor's note: Communication small cell was deleted from the restricted uses.] ME • Definitions. For the purposes of this chapter, the following words and phrases shall have the following meanings: ore Communication small cell: A wireless facility attached to an existing structure that meets both of the following standards: • each antenna is located inside an enclosure of, or the antenna and all its exposed, elements could fit within an imaginary enclosure of, no more than 6 cubic feet; and • excluding electric. meter., concealment, telecommunications demarcation boxes, back-up power systems, . grounding equipment, power transfer switches, cut-off switches, and vertical cable runs for the connection of power and other services, all other equipment associated with the facility does not exceed 28 cubic feet, or such higher limit as may be. established by the Federal. Communications Commis's ion . Mwo (2) That this ordinance shall become effective immediately upon adoption. Ayes: Jaeckle, Haley, Winslow, Holland and Elswick. Nays: None. 16.C. TO CONSIDER AN AMENDMENT TO SECTION 19.1-5 OF THE COUNTY -CODE RELATING TO WRITTEN ORDER Mr. Cash .stated this date and time has been' advertised for the Board to consider an amendment to Section 19.1-5 of the County Code relating to written order. He further stated the amendment would require that the appeal period for a written order from the director of .planning not commence until the. right to appeal is given and the written order is provided via registered mail to, or. posted at the usual place of abode of, either .the property owner or registered agent. - 17 -1237 10/25/17 Ms. Jaeckle called for public comment. There being no one to address the issue, the. public hearing was closed. On motion of Mr. Winslow, seconded by Mr. Elswick, the Board adopted the following ordinance: AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING AND REENACTING SECTION 19.1-5 OF THE ZONING ORDINANCE RELATING TO WRITTEN ORDERS BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Section 19.1-5 of the Code of the County of Chesterfield, 1997, as amended, are amended and re-enacted, to read as follows: A. Written Decision, Determination and Order. The director of planning shall provide a written response to a person who has filed a request in writing for a decision or determination.on zoning matters within the scope of his authority. The response shall be provided within 90 days of the date of the request, "unless the requestor agrees to a longer time period. When the applicant is not the owner or the property owner's agent subject to the written decision or determination, within 10 days of receipt of the request, the planning department shall provide written notice within 10 days of the receipt of the request to the owner of the property at the owner's last known address as.shown by the department of real estate assessments. A written decision, determination or order shall include: a statement informing the recipient of the right to appeal the decision, determination or order within 30 days to the board of zoning appeals in accordanc e. with.this chapter; the appeal fee; location of information regarding the filing. of an appeal; and a statement that the. decision; determination or order is unappealable if not appealed within 30 days after the date of the written decision, determination, or order. The. appeal period shall not commence until this statement is given. In addition, for a written order only, the appeal period shall not commence until the order is sent by registered mail to or posted at. the usual place of abode of, either the property owner at the address shown by the department of real estate assessments, or the address of the registered agent shown in the records of the Clerk of the State Corporation Commission. Ne (2) That this.ord.inance shall become effective immediately upon adoption. Ayes: Jaeckle, Haley, Winslow, Holland and Elswick. Nays: None. 17-1238 10/25/17 16.D. TO CONSIDER ADOPTION OF A RESOLUTION GRANTING FINAL AUTHORIZATION FOR A VIRGINIA AIRPORTS REVOLVING FUND LOAN ADMINISTERED BY VIRGINIA RESOURCES AUTHORITY NOT TO EXCEED $2,000,000 FOR THE DESIGN AND REPLACEMENT OF THE FUEL FARM AT THE COUNTY AIRPORT Mr. Matt Harris stated this date and time has been advertised for the Board to consider adoption of a resolution granting final authorization for a Virginia Airports Revolving Fund loan administered by Virginia Resources Authority not to exceed $2,000,000 for the design and replacement of the fuel farm at the County Airport. He further stated financing will allow for the design and completion of the FY2018 adopted CIP Airport Fuel Farm project. He stated the existing fuel farm, constructed in 1968, has reached the end of its service life and has required extensive maintenance over the years. He further stated acquiring the loan through the State's Revolving Airport Fund allows the County to take advantage of lower interest rates and reduced borrowing costs. In response to Mr. Holland's question, Mr. Harris stated the Airport Advisory Board was involved in the CIP process to bring forth the recommendation to replace the fuel farm. In response to Mr. Elswick's question, Mr. Scott Zaremba stated the current fuel farm was installed in 1968. Ms. Jaeckle called for public comment. There being no one to address the issue, the public hearing was closed. Mr. Holland requested staff to evaluate the surcharge on fuel at the county airport as it relates to the fuel farm investment and report back to the Board. Mr. Holland then made a motion, seconded by Ms. Haley, for the Board to adopt the following resolution granting final authorization of a Virginia Airports Revolving Fund loan administered by Virginia Resources Authority to provide funds to the County for the design and replacement of the fuel farm at the Airport, together with related expenses, in an amount not to exceed $2,000,000: RESOLUTION AUTHORIZING AND PROVIDING FOR THE ISSUANCE, SALE AND AWARD OF A TAXABLE AIRPORT REVENUE BOND, SERIES 2017, OF THE COUNTY OF CHESTERFIELD, VIRGINIA,_ IN A PRINCIPAL AMOUNT NOT TO EXCEED $2,000,000, PROVIDING FOR THE FORM, DETAILS AND PAYMENT THEREOF, AND APPROVING THE EXECUTION AND DELIVERY OF CERTAIN DOCUMENTS IN CONNECTION THEREWITH WHEREAS, the Board of Supervisors (the "Board") of the County of Chesterfield, Virginia (the "County"), has determined that it is necessary and expedient to issue and sell a taxable airport revenue bond to the Virginia Resources Authority ("VRA"), as Administrator of the Virginia Airports Revolving Fund (the "Fund"), and to use the proceeds thereof (a) to finance certain capital improvements to the Richmond Executive - Chesterfield County Airport (the "Airport"), including, but not limited to, the design and replacement of the fuel farm (collectively, the "Project"), and (b) to pay the related costs of issuance; and 17-1239 10/25/17 � 1 WHEREAS, the County has applied to VRA, as Administrator of the Fund, for the purchase of the Bond in a principal amount not to exceed $2,000,000, and VRA, as Administrator of "the Fund, has indicated its willingness to purchase the Bond (as hereinafter defined) pursuant to the terms of a Commitment Letter dated June 23, 2017, and in accordance with the terms of a Financing Agreement between VRA, as Administrator of the Fund, and the County (the "Financing Agreement"), the form of which has been presented to this meeting; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF CHESTERFIELD, VIRGINIA: 1. Authorization and Issuance of Bond. Pursuant to the Constitution and statutes of the Commonwealth of Virginia', including the Public Finance Act of 1991, the Board authorizes the issuance and sale of the Bond in a principal amount not to exceed $2,000,000 to provide funds to finance the Project and to -pay the related costs of issuance. The Bond shall be awarded and sold to VRA, as Administrator of the Fund, in accordance with the terms of this Resolution and the Financing Agreement. 2. Authorization of Financing Agreement. The form of the Financing Agreement submitted to this meeting is approved. The County Administrator is authorized to execute and deliver the Financing Agreement in substantially such form, with such completions, omissions, insertions and changes not inconsistent with this Resolution as may be approved by the County Administrator. The County Administrator's approval shall be evidenced conclusively by the execution and delivery of the Financing Agreement. The proce6lds of the Bond shall be applied in the manner set forth in the Financing Agreement. All capitalized terms used but not defined herein shall have the same meanings as set forth in the Financing Agreement. 3. Bond Details. The Bond shall be issued as a single, registered bond and designated "Taxable Airport Revenue Bond, Series 2017," or such other series designation as the ,County Administrator may choose (the "Bond"). The Bond shall be.dated the date of its delivery to VRA, shall be numbered R-1 and shall mature no later than December 31, 2044. The interest on the Bond shall be computed on the disbursed principal balance thereof from the date of each disbursement at a rate not to exceed 3.80. per ,year (including the part thereof allocable to the administrative fee), calculated on the basis of a 360 -day year of twelve 30 - day months. The Bond shall provide for VRA, as Administrator - of the Fund, to make principal advances from time to time in an aggregate amount not to exceed $2,000,000 and to note such advances on the Bond as moneys are advanced by VRA thereunder. An authorized representative of VRA shall enter the amount and the date of each such principal advance on the Certificate of Principal Advances on the Bond when the proceeds of each such advance are delivered to- the County. The Bond shall be payable in installments in such amounts and on such dates as shall be determined by the County Administrator to be in the best interests of the County. _ If principal disbursements up to the maximum authorized amount of the Bond are not made, the principal amount due on the Bond shall not include such undisbursed amount. However, unless the County and VRA agree otherwis'e in writing, until all amounts due under the Bond and the Financing Agreement 17-1240 10/25/17 shall have been paid in full, less than full disbursement of the maximum authorized amount of the Bond shall neither postpone the due date of any semi-annual installment due on the Bond nor change the amount of such installment. In addition, the County shall pay a late payment charge as provided in the Financing Agreement if any payment is not received within 10 days of its due date, but only from its legally available funds. Principal and interest shall be payable in lawful money of the United States of America by (a) check or draft mailed to the registered owner at its address as it appears on the registration books kept for that purpose by the Registrar (as hereinafter defined) or (b) wire transfer pursuant to the most recent wire instructions received by the Registrar from such registered owner. Notwithstanding any provision of this Resolution to the contrary, the final payment shall be payable upon presentation and surrender of the Bond at the office of the Registrar. 4. Prepayment. The Bond shall be subject to prepayment as set forth in Section 7.1 of the Financing Agreement. 5. Execution and Form of Bond. The Bond shall be signed by the Chairman or Vice Chairman of the Board, and the County's seal shall be affixed thereon and attested by the Clerk or Deputy Clerk of the Board. The Bond shall be issued as a typewritten bond in substantially the form of Exhibit A attached hereto, with such completions, omissions, insertions and changes not inconsistent with this Resolution as may be approved by the officers signing. the Bond, whose approval shall be evidenced conclusively by the execution and delivery of the Bond. 6. Pledge of Revenues; Moral Obligation. (a) Subject to the right of the County to apply Revenues to the payment of Operation and Maintenance Expenses, the County irrevocably pledges the Revenues for the payment of principal of and the interest on the Bond. (b) The County is required to fix and collect rates, rentals, fees and other charges for the use of and for services furnished or to be furnished by the Airport and will from time to time revise such rates, rentals, fees and other charges so that in each Fiscal Year the Net Revenues Available for Debt Service will equal at least 100% of the amount required during the Fiscal Year to pay the principal of and interest on the Bond, any Additional Payments and all other indebtedness of the County secured by or payable from Revenues, including, without limitation, indebtedness under leases that are treated as capital leases under generally accepted accounting principles. Additional bonds secured as to Revenues on a parity with the Bond and any outstanding parity indebtedness may be issued under the terms of the Financing Agreement. (c) The Board undertakes a non-binding obligation to appropriate any Annual Deficiency Amount, to the fullest degree and in such manner as is consistent with the Constitution and laws of the Commonwealth of Virginia. The Board, while recognizing that it is not empowered to make any binding commitment to make such appropriations in future 17-1241 10/25/17 fiscal years, states its intent to make such appropriations in future fiscal years and recommends that future Boards of Supervisors do likewise during the term of the Bond. (d) The Bond shall not be deemed to constitute a pledge of the faith and credit of the Commonwealth of Virginia or any political subdivision thereof, including the County. Neither the Commonwealth of Virginia nor any political subdivision thereof, including the County, shall be obligated to pay the principal of and interest on the Bond or other costs incident thereto except from the Revenues pledged therefor,- and neither the faith and credit nor the taxing power of the Commonwealth of Virginia or any political subdivision thereof, including the County, is pledged to the payment of the principal of or interest on the Bond or other costs incident thereto. 7. Preparation of Printed Bond. The County shall initially issue the Bond in typewritten form. Upon request of the registered owner and upon presentation of the Bond at the office of the Registrar (as hereinafter defined), the County shall arrange to have prepared, executed and delivered in exchange as soon as practicable the Bond in printed form in an aggregate principal amount equal to the unpaid principal of the Bond in typewritten form, in denominations of $5,000 and multiples thereof (except that one Bond may be issued in an odd denomination of less than $5,000), of the same form and maturity and registered in such names as requested by the registered owners or their duly authorized attorneys or legal representatives. The printed Bond may be executed by manual or facsimile signature of the Chairman or Vice Chairman of the Board, and the County's seal is to be affixed thereto and attested by the Clerk or Deputy Clerk of the Board; provided, however, that if both such signatures are facsimiles, no Bond shall be valid until it has been authenticated by the manual signature of the Registrar and the date of authentication noted thereon. The typewritten Bond surrendered in any such exchange shall be canceled. 8. Registration and Transfer of the Bond. (a) The County appoints the County Treasurer as paying agent and registrar (the "Registrar") for the Bond. If deemed to be in its best interests, the .County may at any time appoint a qualified bank or trust company as successor Registrar. Upon surrender of the Bond at the office of the Registrar, together with an assignment duly executed by the registered owner or its duly authorized attorney or legal representative in such form as shall be satisfactory to the Registrar, the County shall execute, and the Registrar shall authenticate and deliver in exchange, a new Bond or Bonds having an equal aggregate principal amount, of the same form and maturity, bearing interest at the same rate and registered in such name as requested by the then registered owner or its duly authorized attorney or legal representative. Any such exchange shall be at the expense of the County, except that the Registrar may charge the person requesting such exchange the amount of any tax or other governmental charge required to be paid with respect thereto. (b) The Registrar shall treat the registered owner as the person or entity exclusively entitled to payment of principal of and interest on the Bond and the exercise of all 17-1242 10/25/17 other rights and powers of the owner, except that installments shall be paid to the person or entity shown as owner on the registration books on the 15th day of the month preceding each interest payment date. 9. Mutilated, Lost or Destroyed Bond. If the Bond has been mutilated, lost or destroyed, the County shall execute and deliver a new Bond of like date and tenor in exchange and substitution for, and upon cancellation of, such mutilated Bond or in lieu of and in substitution for such lost or destroyed Bond; provided, however, that the County shall so execute and deliver such new Bond only if the registered owner has paid the reasonable expenses and charges of the County in connection therewith and, in the case of a lost or destroyed Bond, (a) has filed with the County evidence satisfactory to the County that such Bond was lost or destroyed and (b) has furnished to the County satisfactory indemnity. 10. Preparation and Delivery of Bond., The officers of the County are authorized and directed to take all proper steps to have the Bond prepared and executed in accordance with its terms and to deliver it to VRA as the purchaser thereof upon receipt of the purchase price from VRA as set forth in the Financing Agreement. 11. State Aid Intercept. The County acknowledges that VRA is treating the Bond and the County's non-binding obligation to appropriate any Annual Deficiency Amount as a "local obligation" within the meaning of Section 62.1-199 of the Virginia Resources Authority Act (Chapter 21, Title 62.1 of the Code of Virginia of 1950, as amended (the "Act")), which in the event of a nonpayment thereunder authorizes VRA to file an affidavit with the Governor of the Commonwealth of Virginia that such nonpayment has occurred pursuant to Section 62.1-216.1 of the Act. In purchasing the Bond, VRA is further relying on Section 62.1-216.1 of the Act providing that if the Governor is satisfied that such nonpayment has occurred, the Governor will immediately make an -order directing the Comptroller to withhold all further payment to the County of all funds, or of any part of them, appropriated and payable by the Commonwealth of Virginia to the County for any and all purposes, and the Governor will, while the nonpayment continues, direct in writing the payment of all sums withheld by the Comptroller, or as much of them as is necessary, to VRA, so as to cure, or cure insofar as possible, such nonpayment. 12. Other Actions. All other actions of the officers of the County in conformity with the purposes and intent of this Resolution and in furtherance of the issuance and sale of the Bond are ratified, approved and confirmed. The officers of the County are authorized and directed to execute and deliver all certificates and other instruments considered necessary or desirable in connection with the issuance, sale and delivery of the Bond pursuant to this Resolution and the Financing Agreement. 13. Effective Date. This Resolution shall take effect immediately. Ayes: Jaeckle, Haley, Winslow, Holland and Elswick. Nays: None. 17-1243 10/25/17 16.E. TO CONSIDER THE EXERCISE OF EMINENT DOMAIN FOR THE ACQUISITION OF PROPERTY WITHIN PLAN'OF CRESCENT PARK Mr. John Harmon stated this date and time has been advertised for the Board to consider the exercise of eminent domain for the acquisition of property within plan of Crescent Park. He : further stated in 1928, L.E. Harvie, the developer of Plan of Crescent Park, reserved various 1 -foot strips of land adjacent to streets and alleys within the subdivision totaling 0.05 acres, more or less. He stated these strips prevent the extension of utilities and access to adjacent. properties and it is in the interest of the public that the County acquire these strips. He further stated seven heirs to the property have been identified and staff has made contact with .one of the heirs. He stated an offer of $100 for each -of the heirs' interest was made to the known heir. He further stated that offer has been refused, but no counter offer has been received. He noted staff will continue to negotiate with the heirs in an effort to reach an agreement., Ms. Jaeckle called for public comment. There being no one to address the issue, the public hearing was closed. In response to Mr. Holland's question, Mr. Harmon stated staff identified the issue a year ago. In response to,Mr. Elswick's question, Mr. Harmon stated the adjoining property owner has not been able .to resolve the issue and has asked the county to become involved in acquiring the parcels. In response to Ms. Jaeckle's question, Mr. Harmon stated the 1 -foot strips were never mapped. In response to Mr. Holland's question, Mr. Harmon stated the parcels have no market value and -cannot be developed. On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board authorized the County Attorney to proceed with eminent domain for the acquisition of 0.05 acres of land, more or less, within plan of Crescent Park, including the filing of a certificate of deposit prior to eminent domain proceedings. Ayes: Jaeckle, Haley, Winslow, Holland and Elswick. Nays: None. 16.F. TO CONSIDER A REQUEST TO QUITCLAIM A PORTION OF DEERHILL ROAD Mr. Harmon stated this date and time has been advertised for the Board to consider a request to quitclaim a portion of Deerhill Road. Ms. Jaeckle called for public comment. There being no one to address the issue,' the public hearing was closed. On motion of Mr. Winslow, seconded by Ms. Haley, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute the deed to quitclaim a portion of Deerhill Road. Ayes: Jaeckle, Haley, Winslow, Holland and Elswick. Nays: None. 17-1244 10/25/17 16.G. TO CONSIDER THE CONVEYANCE OF RIGHTS OF WAY AND EASEMENTS TO THE COMMONWEALTH OF VIRGINIA, DEPARTMENT OF TRANSPORTATION AND EASEMENTS TO VIRGINIA ELECTRIC AND POWER COMPANY FOR THE ROUTE 1 TRAFFIC SIGNAL AND TURN LANE PROJECT AT HAPPY HILL ROAD Mr. Harmon stated this date and time has been advertised for the Board to consider the conveyance of rights of _way and easements to the Commonwealth of Virginia, Department of Transportation and easements to Virginia Electric and Power Company for the Route 1 Traffic Signal and Turn Lane Project at Happy Hill Road. Ms. Jaeckle called for public comment. There being no one to address the issue, the public hearing was closed. On motion of Ms. Jaeckle, seconded by Ms. Haley, the Board approved the conveyance of rights of way and easements to the Commonwealth of Virginia, Department of Transportation and easements to Virginia Electric and Power Company for the Route 1 Traffic Signal and Turn Lane Project at Happy Hill Road, and authorized the Chairman of the Board and County Administrator to execute the deeds and easement agreements. Ayes: Jaeckle, Haley, Winslow, Holland and Elswick. Nays: None. 16.H. TO CONSIDER APPROPRIATION OF FUNDS FOR THE MAGNOLIA GREEN COMMUNITY DEVELOPMENT AUTHORITY ROAD WIDENING PROJECT Mr. Harris stated this date and time has been advertised for the Board to consider appropriation of funds for the Magnolia Green Community Development Authority Road Widening Project. He further stated by agreement with the CDA as approved by the Board of Supervisors, the County is contracting to build the road improvements and will oversee the project just as it would any other County project. He stated the project designs are complete, right-of-way has been acquired and utilities are currently being relocated. Ms. Jaeckle called for public comment. There being no one to address the issue, the public hearing was closed. On motion of Ms. Haley, seconded by Mr. Winslow, the Board appropriated $25,000,000 in anticipated Magnolia Green Community Development Authority reimbursements; authorized the Director of Procurement to award a construction contract, up to $20,000,000, to the lowest responsive and responsible bidder; and authorized the Director of Procurement to execute all necessary change orders for the work, up to the full amount budgeted for the project. Ayes: Jaeckle, Haley, Winslow, Holland and Elswick. Nays: None. 17. REMAINING MANUFACTURED HOME PERMITS AND ZONING REQUESTS There were no remaining manufactured home permits or zoning requests at this time. 17-1245 10/25/17 18. FIFTEEN -MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED MATTERS - Mr,. Ron Hayes expressed concerns relative to the' external audit investigation of the school system's Supplemental Retirement Program. Mr. Freddy Boisseau expressed concerns relative to the possibility of increased through truck traffic on Ruffin Mill Road as a result of the Matoaca rezoning proposal. Mr. Rodney Martin expressed concerns relative to the external audit investigation of the- school system's Supplemental Retirement Program. 19. ADJOURNMENT On motion of Ms. Haley, seconded by Mr. Winslow, the Board adjourned at 8:41 p.m. to the next regularly scheduled meeting on November 15, 2017, at 2:00 p.m. Ayes: Jaeckle, Haley, Winslow, Holland and Elswick. Nays: None. ;ountyv P. Casey Administrat /0` paedyl Dorothy A. Jae kle Chairman 17-1246 10/25/17