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2023-04-26 Minutes23-103 4/26/2023 BOARD OF SUPERVISORS MINUTES APRIL 26, 2023 Supervisors in Attendance: Mr. Kevin P. Carroll, Chair Mr. James A. Ingle, Jr., Vice Chair Mr. Christopher M. Winslow Mr. James M. Holland Dr. Mark S. Miller Dr. Joseph P. Casey County Administrator Mr. Carroll called the meeting to order at 2:00 p.m. 1. APPROVAL OF MINUTES On motion of Mr. Holland, seconded by Mr. Ingle, the Board approved the minutes of April 5, 2023, as submitted. Ayes: Carroll, Ingle, Winslow, Holland and Miller. Nays: None. 2. REQUESTS TO POSTPONE AGENDA ITEMS AND ADDITIONS, DELETIONS OR CHANGES IN THE ORDER OF PRESENTATION There were no requests to postpone agenda items and additions, deletions or changes in the order of presentation. 3. WORK SESSIONS 3.A. EVERYDAY EXCELLENCE Colonel Jeffrey Katz, Chief of Police, recognized several members of the Police Department’s Special Victims Section for their outstanding work happening to combat the crime of human trafficking. He stated the enforcement team runs operations throughout the county in partnership with state and federal agencies in order to curtail human trafficking. He further stated the detectives involved in the Special Victims Sections have worked tirelessly to not only find offenders but to set up ways in which the perpetrators of these heinous crimes can be brought to justice. Board members commended members of the Police Department for their tremendous efforts. 3.B. POLICE DEPARTMENT ANNUAL UPDATE Colonel Katz provided the Board with the Police Department’s 2022 Annual Report. He stated the Police Department exists to preserve human life, protect the vulnerable, engage in problem-solving partnerships, and attract, develop, and retain top-tier talent. He further stated there were 225,000 calls for service, a 7.6 percent increase since 2018. He then reviewed key 2022 statistics; the evolving operational environment; and five-year crime and crash 23-104 4/26/2023 trends. He provided information relative to the E-summons test project and stated the vendor is working to overcome connectivity issues with the printers and devices and completing testing of the interface between the department and the Virginia Supreme Court. He then highlighted mental health and suicide trends. Regarding the radio system, he stated the radio towers have been built; testing has commenced of both portable and mobile radios; evaluation of how foliage will affect the coverage is ongoing; and switching over to the new system is contingent upon all regional partners completing their testing. He then provided details relative to the Falling Creek District Station and the Swift Creek District Station. In closing, he highlighted various special awards and recognitions within the department and noted the Police Memorial Ceremony will be held on May 9th at 11:00 a.m. Discussion and questions ensued relative to Colonel Katz’s presentation, specifically to speeding, crash trends and mental health statistics. 3.C. RECYCLING HAULERS UPDATE Mr. John Neal, Director of General Services, provided an update to the Board relative to recycling efforts and plans for transition in Chesterfield County. He stated previously, five vendors were identified who expressed interest in providing recycling services to the citizens of Chesterfield. In addition to the efforts by the vendors’, he stated the county is positioning operations that will best support the changes in the service delivery model. He further stated they are working toward resuming seven day a week operation at both convenience centers and establishing drop-off boxes at the following six parks in the county: Horner, Huguenot, Rockwood, Daniel, Goyne, and Dodd Parks. He noted these efforts are part of the recently approved budget. He stated discussions with local vendors and Central Virginia Waste Management Authority (CVWMA) are to ensure the best opportunity for success of county programs. He noted the vendors in the audience, which include Choice Waste Services, GFL Environmental, TFC Recycling, Waste Management, and Zan’s Refuse Service, are ones that expressed an interest in offering recycling services; however, if there are other trash vendors interested, they will be added to the list on the county’s website. He then reviewed the terms of each participating vendor. In closing, he stated continued success is expected with waste diversion rates based on the collaborative efforts of everyone in attendance today. Discussion ensued relative to the information provided, as well as various questions from Board members relative the vendors present in the audience. 3.D. PLANNING COMMISSION ANNUAL REPORT Chair of the Planning Commission, Mr. Tommy Owens, joined by Mr. Andy Gillies, Planning Department Director, presented the Planning Commission’s annual report to the Board, summarizing the accomplishments and activities of the Planning Commission in 2022 along with upcoming work program items for 2023. Mr. Owens stated the annual report provides details on the actions taken by the Commission on zoning petitions, site development plans, zoning ordinance amendments and land planning initiatives. He further stated the Planning Commission works with citizens, staff, and community stakeholders to guide and regulate the county’s long and 23-105 4/26/2023 short-term development for the benefit of present and future generations. He noted in 2022 the Commission made recommendations for approval on 6 zoning ordinance amendments, 3 Comprehensive Plan amendments, and 114 zoning cases recommended for approval by the Commission and approved by the Board of Supervisors in 2022. He then reviewed Comprehensive Plan amendments and implementation relative to Comprehensive Plan modernization; the Genito/288 Special Focus Area Plan; the Community Facilities Plan update; and the redevelopment of Rockwood Square Shopping Center and Rockwood Golf Park. He then reviewed adopted zoning ordinance amendments which include Common Area; solar facilities; limited durations signs; outdoor advertising signs; and the Roseland Zoning Overlay District. Regarding community engagement, he stated the Commission engaged with the community in a variety of ways and topics in the past year including Planning Commission public hearings, zoning case community meetings and community meetings on Comprehensive Plan and ordinance amendments. He further stated in addition to the community meetings the Commission continued to utilize online engagement through the online portal for zoning cases as well as county projects. He stated this coming year, the Commission will continue their work on ZOMod, the modernization of current zoning ordinances, that for the most part still dates to the 1980s. In closing, he highlighted various projects being worked through with staff and the community. Discussion and questions ensued relative to the information presented to the Board. 3.E. OPIOID ABATEMENT AUTHORITY GRANT APPLICATION Dr. James Worsley, joined by Ms. Tara Kunkel, representing The Rural Justice Collaborative, provided an update to the Board relative to the Opioid Abatement Authority grant application. He stated the purpose of the Authority is to abate and remediate the opioid epidemic in the Commonwealth through financial support from the Fund, in the form of grants, donations, or other assistance, for efforts to treat, prevent, and reduce opioid use disorder and the misuse of opioids in the Commonwealth. Regarding Opioid Abatement settlement funds, he stated these funds are designated by buckets, bucket one is funds that have been dispersed directly to the localities; bucket 2 are funds that the Authority is holding for the localities; bucket 3 consists of $9 million to be distributed out across the state; and bucket 4 the Authority will award planning grants to localities. He then reviewed deadlines, grant requests and allowable funding areas. In closing, Ms. Kunkel reviewed ways grant funds will be used, specifically for management and oversight of funds; marketing and campaign/outreach; vans for mobile outreach services; outreach coordinators/peer staff support; wrap area treatment and recover support services; Naloxone and other harm reduction supplies; and expansion of opioid and heroin prevention outreach in Colonial Heights. Discussion and questions ensued relative to the information presented to the Board. 3.F. SPRINGLINE AT DISTRICT 60 UPDATE Mr. Garrett Hart, Director of Economic Development, joined by Mr. Josh Davis, School’s Chief Operations Officer provided an update to the Board relative to the Springline at District 60 development. He stated the first phase of construction will include a six-story 23-106 4/26/2023 mixed use building with 300 residential units, a 150,000 square foot office building, a green common area; and a sports tournament and entertainment venue. He further stated after the first phase, more housing, commercial space, entertainment venues, and a hotel are expected. Mr. Davis then provided information relative to repurpose of 41,000 square feet of administrative space at CTC@Hull for instruction – creating capacity for an additional 600 students to participate in career and technical education programs. He further stated Chesterfield County Public Schools and Chesterfield Economic Development will occupy office space to be constructed in Phase 1 of the Springline at District 60 mixed-use project. He stated the school system plans to introduce new career pathways in arts and communication, energy, information technology, health and medical sciences, and hospitality and tourism once the new space at CTC@Hull is repurposed. In closing, Mr. Matt Harris, Deputy County Administrator for Finance and Administration, provided a financial summary of the project. Discussion and questions ensued relative to the information presented to the Board. 3.G. COUNTY TRANSPORTATION UPDATE Mr. Jesse Smith, Deputy County Administrator, provided an update to the Board relative to transportation items being proposed this evening on the meeting agenda. He then reviewed various consent agenda items and set public hearings which include the Route 288/360 ramp improvement and park and ride; Safe Streets for All Action Plan; the I-95/Route 10 interchange and Hull Street Road widening; Bailey Bridge Connector property acquisition items; the FY2024-2029 Secondary Road Six Year Plan and FY2024 Secondary Road budget; and FY2025 and FY2026 Transportation Alternatives Projects. In closing, he reviewed phases of the Powhite Parkway extension. 3.H. CONSENT AGENDA HIGHLIGHTS Mr. Jeff Mincks, County Attorney, updated the Board on various consent agenda items being proposed this evening which include establishing compensation for the 2024-2027 Board of Supervisors; and a public hearing to consider proposed ordinance establishing a Tourism Improvement District. 4. REPORTS 4.A. DISTRICT IMPROVEMENT FUNDS (DIF) MONTHLY REPORT The Board approved the Monthly Report on District Improvement Funds. 5. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED MATTERS There were no requests to address the Board at this time. 6. RECESS FOR DINNER On motion of Mr. Winslow, seconded by Mr. Ingle, the Board recessed to dinner in Room 502. Ayes: Carroll, Ingle, Winslow, Holland and Miller. Nays: None. 23-107 4/26/2023 7. INVOCATION The Honorable Kevin Carroll, Matoaca District Supervisor, gave the invocation. 8. PLEDGE OF ALLEGIANCE Mr. Matt Harris, Deputy County Administrator, led the Pledge of Allegiance to the Flag of the United States of America. 9. COUNTY ADMINISTRATOR UPDATE 9.A. RVA TEEN SUMMIT Ms. Emily Ashley, Director of Citizen Information and Resources (CIR) provided details relative to the inaugural Regional Teen Summit and the first Work Bridge Program. She was joined by CIR staff member Chloe Carter and Chesterfield County Public School’s Amy Bartilotti. She stated on March 18th, more than 100 Chesterfield high schoolers participated in the inaugural Regional Teen Summit hosted at the Richmond Convention Center. She further stated on March 28th, Chesterfield hosted several seniors from L.C. Bird to participate in the first Work Bridge Program. 9.B. COMMUNITY CHAMPIONS Ms. Kelly Booth, Community Engagement Coordinator with Citizen Information and Resources, stated last week, Chesterfield unveiled its new Volunteer Walk of Fame, which honors volunteers who have made extraordinary contributions to county departments. She then recognized these volunteers selected for their outstanding contributions within the community. Board members expressed their appreciation to those volunteers for their special contributions to the county. 9.C. BETTER BUSINESS BUREAU OF CENTRAL VIRGINIA UPDATE Mr. Barry Moore Jr., President and CEO of the Better Business Bureau’s Central Virginia branch provided an update on how the Better Business Bureau helps connect the strengths of a great company like LEGO with the strengths of local government to produce positive outcomes for the community. 9.D. RECOGNITION OF RECENT AWARDS AND EMPLOYEE ACHIEVEMENTS Dr. Casey recognized Ms. Jess Robison, who serves as the county’s Emergency Management Coordinator, was recently elected by her peers to serve as President of the Virginia Emergency Management Association, or VEMA. He stated VEMA represents more than 700 members among federal, state, local and private-sector agencies and organizations advocating or and delivering emergency management services throughout the commonwealth. 23-108 4/26/2023 9.E. OTHER COUNTY ADMINISTRATION UPDATES • Dr. Casey announced the After Hours Concert Series is returning this year beginning June 3rd. He stated the schedule continues to grow and features some outstanding performers. He thanked the county’s Parks and Recreation Department for working with promoter EventMakers and concert series sponsor SERVPRO to deliver another outstanding lineup this summer. • Dr. Casey announced the Chesterfield Community Services Board held their annual partnership award dinner on March 16th at the Meadowbrook Country Club. He stated seven organizations or individuals were recognized for their outstanding contributions toward serving individuals with intellectual disabilities, mental health or substance use disorders. • Dr. Casey announced today is Administrative Professional Day. He took a moment to give thanks to the hundreds of administrative professionals for the enormous impact they continue to make today and every day. • Dr. Casey announced the county’s Constituent and Media Services Department has worked with NBC 12 to deliver a series of television and online commercials highlighting our “Connect With Us” webpage, which serves as a clearinghouse for accessing Chesterfield’s latest podcasts, blogs, and YouTube videos, connecting us on social media, and subscribing to our e-newsletter and other products. He stated he views this campaign as being particularly important in the wake of the county’s two local newspapers ceasing production. 10. BOARD MEMBER REPORTS Mr. Winslow announced he attended the Sheetz grand opening, at the intersection of Genito and Charter Colony, on April 6th, the county’s inaugural Earth Day Festival on April 15th, participated in the county’s podcast, Chesterfield Behind the Mic, to talk about a variety of topics released on April 12th, attended the UMW Alumni Panel on April 21st, and the Brandermill Woods Men’s Club’s monthly luncheon on April 10th. Mr. Holland announced he held two Dale District Community Conversations on April 17th and April 24th. He stated these meetings were an opportunity for residents to ask questions, share their thoughts about topics of interest to them, and discuss solutions. He also attended the Ridgedake SFA meeting and the Volunteer Walk of Fame ribbon cutting ceremony on April 19th. Dr. Miller announced he attended Celebration Title Group ribbon cutting on March 28th, Watkins Elementary electronic sign installation on April 18th, ISO Group ribbon cutting and the Potluck IFTAR organized by Virginia Center for Inclusive Communities on April 19th, the Forest View Rescue Squad annual banquet on April 15th and Wishing Well Park visit on April 23rd. Lastly, he thanked the Greater Oxford Civic Association and Tarrington HOA for inviting him to their respective meetings where he provided a district update to the groups. 23-109 4/26/2023 Mr. Ingle expressed his appreciation to the county’s Parks and Recreation staff or their work on replacing the fences at Goyne Park. He then announced he attended the Ride on Cannon Foundation Egg Hunt on April 2nd, the Government Citizens Academy on April 20th, the Route 1 Association for Revitalization’s monthly breakfast on March 23rd, the library art collection ribbon cutting at the Chester Library on March 24th, and the LEGO groundbreaking on April 13th. He also announced he held two Bermuda District Community Conversations on March 27th and April 11th. Lastly, he announced he was joined by fellow Board members, Chair Carroll, Mr. Holland and Mr. Winslow to deliver meals to seniors through the Meals on Wheels program on March 23rd. Mr. Carroll announced he attended the Fleet Services facility ribbon cutting on March 23rd, the Fire and EMS Awards and Promotions Ceremony on April 10th, joined Congressman Rob Wittman and Secretary of Transportation, Shep Miller for a Powhite flyover to discuss opportunities to partner on the Powhite Parkway extension on April 12th, and the Grange Hall Centennial on April 22nd. He also announced he hosted a community meeting last night at Spring Run Elementary School to discuss the development of trails and a parking area at Winterpock Park. Lastly, he expressed his appreciation to Ms. Sara Hall, Clerk to the Board, and Ms. Susan Wilson, Executive Assistant to the Board, for their continued support. 11. RESOLUTIONS AND SPECIAL RECOGNITIONS There were no resolutions or special recognitions at this time. 12. NEW BUSINESS 12.A. APPOINTMENTS 12.A.1. CHESTERFIELD COUNTY AIRPORT ADVISORY BOARD On motion of Mr. Holland, seconded by Mr. Ingle, the Board nominated/reappointed Mr. John V. Mazza, Jr., Matoaca District, to the Chesterfield County Airport Advisory Board, whose term begins on May 23, 2023, and expires on May 22, 2026. Ayes: Carroll, Ingle, Winslow, Holland and Miller. Nays: None. 12.A.2. CAMP BAKER MANAGEMENT BOARD On motion of Mr. Winslow, seconded by Dr. Miller, the Board nominated/reappointed Mr. Norman Johnson as the Dale District representative and Mr. Lawrence Grimes as an At-Large representative to the Camp Baker Management Board, with terms effective May 1, 2023, through April 30, 2026. Ayes: Carroll, Ingle, Winslow, Holland and Miller. Nays: None. 23-110 4/26/2023 12.B. CONSENT ITEMS (12.B.1. – 12.B.13.) 12.B.1. ADOPTION OF RESOLUTIONS 12.B.1.a. RESOLUTION RECOGNIZING MR. JAMES SHULTS, DEPARTMENT OF UTILITIES, OPERATIONS AND MAINTENANCE DIVISION, UPON HIS RETIREMENT On motion of Mr. Winslow, seconded by Mr. Holland, the Board adopted the following resolution: WHEREAS, James Shults retired from the Chesterfield Utilities Department, Chesterfield County, on March 1, 2023, after faithfully serving the county and its citizens for over 23 years; and WHEREAS, the expertise developed by Mr. Shults during his tenure, first as a Utility Work before being promoted to a Sr. Utility worker on June 23, 2001, was instrumental in preparing him for his career in the wastewater field; and WHEREAS, Mr. Shults rose through the ranks and was promoted to Principal Labor Crew Chief on May 26, 2012, enabling him to make significant contributions to the operations of the Wastewater Collections section. Mr. Shults has been instrumental in assuring the Wastewater Collections system operated in a safe and efficient manner; and WHEREAS, Mr. Shults has willingly shared his knowledge and expertise with his developing colleagues to aid them in their growth and development; and WHEREAS, Mr. Shults has always presented the citizens of Chesterfield County with the highest level of customer service. His positive attitude and willingness to provide the highest level of customer satisfaction reflects positively on Chesterfield County’s workforce; and WHEREAS, Mr. Shults’s likeable personality and willingness to share his knowledge has earned him the respect and admiration of his colleagues. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes the contributions of James R. Shults, expresses the appreciation of all residents for his service to the county, and extends their appreciation for his dedicated service and their congratulations upon his retirement. Ayes: Carroll, Ingle, Winslow, Holland and Miller. Nays: None. 12.B.1.b. RESOLUTION RECOGNIZING MR. BARRY CONDREY, INFORMATION SYSTEMS TECHNOLOGY DEPARTMENT, UPON HIS RETIREMENT On motion of Mr. Winslow, seconded by Mr. Holland, the Board adopted the following resolution: WHEREAS, Mr. Barry Condrey will retire from the Chesterfield County Information Systems Technology Department on June 1, 2023, after providing 17 years of quality service to the citizens of Chesterfield County; and WHEREAS, Mr. Condrey has faithfully served the county in the capacity of Chief Information Officer for the Information Systems Technology Department; and 23-111 4/26/2023 WHEREAS, Mr. Condrey transformed information technology functions removing organizational silos, creating a business relationship management channel, implementing an enterprise approach for technology governance, and centralizing technology investments; and WHEREAS, Mr. Condrey formed the first Project Management Office, recruited its division manager, and consolidated project management resources to improve governance, consistency and execution across the county in all technology projects; and WHEREAS, Mr. Condrey established a strong information security program to protect County resources, residents and information, to include recruiting the county’s first chief information security officer; and WHEREAS, Mr. Condrey created a technology investment model and project vetting process to govern technology spending, increasing return on investment for all projects, and ensuring consistency in solution delivery; and WHEREAS, Mr. Condrey led county broadband efforts to include innovative GIS integration and parcel-level detailed coverage maps, grant applications, and consulting with regional entities; and WHEREAS, Mr. Condrey facilitated a significant and impactful response of IST resources to enable Chesterfield County’s ongoing operations during the COVID-19 pandemic; and WHEREAS, Mr. Condrey twice served as the President of the Virginia Local Government Information Technology Executives organization, promoting collaboration and sharing between local governments in Virginia; and WHEREAS, Mr. Condrey was appointed by the Governor to the Virginia Elections Commission Security Standards Workgroup, providing leadership in development of statewide local election cybersecurity standards; and WHEREAS, Mr. Condrey was recognized as one of the top 25 “Doers, Dreamers and Drivers” in public service by Digital Government magazine which recognizes top innovators in the public sector nationally; and WHEREAS, Mr. Condrey led the IST department to national recognition with numerous awards for technology innovation including #1 Digital County in America (four times), Best Municipal Website in America, numerous National Association of Counties and Virginia Association of Counties Achievement Awards, and over a dozen Governors Technology awards for innovation and achievement; and WHEREAS, Mr. Condrey promoted an environment that values, encourages, and supports diversity of experiences, styles, backgrounds and perspectives; and WHEREAS, Mr. Condrey has consistently demonstrated consummate servant leadership and unwavering advocacy for all IST team members under his management; and WHEREAS, Chesterfield County and the Board of Supervisors will miss Mr. Condrey’s diligent service. 23-112 4/26/2023 NOW, THEREFORE, BE IT RESOLVED, that the Chesterfield County Board of Supervisors recognizes Mr. Barry Condrey, and extends on behalf of its members and the citizens of Chesterfield County, appreciation for his service to the county, congratulations upon his retirement, and best wishes for a long and happy retirement. AND, BE IT FURTHER RESOLVED, that a copy of this resolution be presented to Mr. Condrey, and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County. Ayes: Carroll, Ingle, Winslow, Holland and Miller. Nays: None. 12.B.1.c. RESOLUTION RECOGNIZING MR. MICHAEL P. KOZAK, CHESTERFIELD COUNTY SENIOR DEPUTY COUNTY ATTORNEY, UPON HIS RETIREMENT On motion of Mr. Winslow, seconded by Mr. Holland, the Board adopted the following resolution: WHEREAS, Michael P. Kozak, Deputy County Attorney, will retire from the Office of the County Attorney on May 1, 2023 after representing the County of Chesterfield and its officials and employees for over 28 years; and WHEREAS, Mike joined the County Attorney’s Office in 1994 after nine successful years in private practice as a criminal defense attorney and civil litigator; and WHEREAS, in a very short period of time, Mike demonstrated that he could handle litigation in a variety of substantive areas such as local taxation, the Fair Labor Standards Act, worker’s compensation, animal control, personal injury, civil rights, and contract disputes; and WHEREAS, Mike’s doggedness and willingness to take risk led not only to his achieving exceptional results in cases that had low probabilities of success, but also to his clients placing their absolute trust and confidence in him; and WHEREAS, in the early 2000’s Mike stepped up to fill a void in the office by handling cases involving child abuse and neglect, foster care, and termination of parental rights. Notwithstanding the fact that Mike was assured this assignment would be “temporary” only, he has graciously and successfully continued to represent the Department of Social Services for over two decades. Through his representation of DSS, Mike has helped hundreds of children in the County experience – many for the first time in their lives – safe and stable homes; and WHEREAS, Mike’s exemplary professionalism and advocacy skills earned him promotions to Senior Assistant County Attorney and to Deputy County Attorney; and WHEREAS, Mike’s unwavering commitment to the highest ethical and moral standards has been an inspiration to his clients and 23-113 4/26/2023 colleagues and established a high standard of integrity for every lawyer to emulate; and WHEREAS, Mike has consistently demonstrated a deep respect for the law and firm dedication to ensuring that justice is served; and WHEREAS, Mike’s good nature and quick wit have made every encounter with him—by friend and foe alike—enjoyable and often entertaining; and WHEREAS, Mike’s loyal and faithful dedication to the Commanders and the Nationals is admirable, albeit at times questionable. NOW, THEREFORE, BE IT RESOLVED, that the Chesterfield County Board of Supervisors recognizes the exemplary service of Michael P. Kozak, expresses the appreciation of the Board for his many contributions to the County, and extends heartfelt congratulations to Mike upon his retirement. Ayes: Carroll, Ingle, Winslow, Holland and Miller. Nays: None. 12.B.1.d. RESOLUTION RECOGNIZING CAREER POLICE OFFICER JAMES B. ANDERSON, III, POLICE DEPARTMENT, UPON HIS RETIREMENT On motion of Mr. Winslow, seconded by Mr. Holland, the Board adopted the following resolution: WHEREAS, Career Police Officer James B. Anderson, III, will retire from the Chesterfield County Police Department on May 1, 2023, after providing over 29 years of quality service to the residents of Chesterfield County; and WHEREAS, Career Officer Anderson faithfully served the county as a Patrol Officer, Officer First Class, Senior Police Officer, Master Police Officer and Career Police Officer; and WHEREAS, Career Officer Anderson served with the Chesterfield County Sheriff’s Office in the position of Sheriff Deputy before rejoining the Police Department; and WHEREAS, Career Officer Anderson also served during his tenure as a Field Training Officer and Desk Officer; and WHEREAS, Career Officer Anderson was the recipient of a Life Saving Award for his actions in saving a woman trapped in a vehicle that had been swept off the road and was almost completely submerged in rapidly moving floodwaters during Hurricane Gaston. Career Officer Anderson, along with two others, was able to feed a rope to another officer who was clinging to a tree after pulling the woman from the car. Career Officer Anderson displayed teamwork and bravery as they were able to pull both to safety through the raging waters; and WHEREAS, Career Officer Anderson was consistently recognized by his supervisors for providing advice and answering questions for the younger and less experienced officers; and WHEREAS, Career Officer Anderson is recognized for his strong work ethic, his teamwork and his excellent communications and human relations skills all of which he has utilized within the Police Department and in assisting residents of Chesterfield County during his career; and WHEREAS, Career Officer Anderson has received numerous letters of commendation, thanks and appreciation for services rendered; and 23-114 4/26/2023 WHEREAS, Career Officer Anderson 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 Career Officer Anderson's diligent service. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors publicly recognizes Career Police Officer James B. Anderson, III, 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: Carroll, Ingle, Winslow, Holland and Miller. Nays: None. 12.B.1.e. RESOLUTION RECOGNIZING MRS. ANNE ANDERSON, RISK MANAGEMENT DEPARTMENT, UPON HER RETIREMENT On motion of Mr. Winslow, seconded by Mr. Holland, the Board adopted the following resolution: WHEREAS, Mrs. Anne Anderson will retire May 1, 2023, after providing more than 20 years of dedicated and faithful service to Chesterfield County; and WHEREAS, Mrs. Anderson began her career in public service with Chesterfield County Libraries on December 10, 2001 as a part-time Library Assistant and was later promoted to a Senior Library Assistant. An avid reader, Mrs. Anderson found work -life balance from this position while raising a young family; and WHEREAS, Mrs. Anderson continued to work for Libraries, becoming a Library Associate before leaving this position in June 2010; and WHEREAS, Mrs. Anderson obtained a new position with the Department of Risk Management as a part-time Claims Technician in March 2011; and WHEREAS, Mrs. Anderson was promoted to full-time Claims Technician in June 2012; and WHEREAS, Mrs. Anderson was a respected member of the Risk Management Department, responsible for managing approximately 300 new medical workers’ compensation claims and 400 new auto, property and general claims annually; and WHEREAS, Mrs. Anderson pursued career development through her approved development plan and obtained the Claims Tech II classification on March 10, 2018; and WHEREAS, Mrs. Anderson sought career development and obtained the Senior Claims Technician III classification in May 2018; and WHEREAS, Mrs. Anderson completed the coursework to obtain an Associate in Claims Designation (AIC) status; and WHEREAS, Mrs. Anderson, through the course of her career, provided excellent customer service to the employees of Chesterfield County and Chesterfield County Public Schools and helped to guide them through the workers’ compensation claims processes; and 23-115 4/26/2023 WHEREAS, Mrs. Anderson has demonstrated her loyalty to Chesterfield County through her dedication, and conscientiousness; and WHEREAS, Mrs. Anderson demonstrated teamwork by her willingness to assist others and lend a helping hand; and WHEREAS, not only is Mrs. Anderson’s dedication and commitment to quality known to her colleagues who have enjoyed working with her during her tenure in the department, her helpful nature is known and appreciated by them as well; and WHEREAS, Mrs. Anderson will be sorely missed for her professional contributions, dedicated service, leadership, extensive knowledge of County and Schools processes and her commitment to providing the highest possible level of service to those served by the Department by Risk Management. NOW, THEREFORE BE IT RESOLVED that the Chesterfield County Board of S upervisors, this 26th day of April 2023, publicly recognizes Mrs. Anderson, and extends on behalf of its members and citizens of Chesterfield County, appreciation for her over 20 years of distinguished service to the county, congratulations upon her retirement, and best wishes for a long and happy retirement. AND, BE IT FURTHER RESOLVED that a copy of this resolution be presented to Mrs. Anderson and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Ayes: Carroll, Ingle, Winslow, Holland and Miller. Nays: None. 12.B.2. REAL PROPERTY REQUESTS 12.B.2.a. ACCEPTANCE OF PARCELS OF LAND 12.B.2.a.1. ACCEPTANCE OF PARCELS OF LAND ADJACENT TO EPPES FALLS ROAD FROM DONALD P. SANDERS, TRUSTEE OF THE CHESTERFIELD LAND TRUST On motion of Mr. Winslow, seconded by Mr. Holland, the Board accepted the conveyance of parcels of land containing a total of 0.313 acres adjacent to Eppes Falls Road from Donald P. Sanders, Trustee of The Chesterfield Land Trust and authorized the County Administrator to execute the deed. Ayes: Carroll, Ingle, Winslow, Holland and Miller. Nays: None. 12.B.2.a.2. ACCEPTANCE OF PARCELS OF LAND ADJACENT TO RIVER ROAD FROM RIVERSOL, LLC On motion of Mr. Winslow, seconded by Mr. Holland, the Board accepted the conveyance of parcels of land containing a total of 0.374 acres adjacent to River Road from Riversol, LLC and authorized the County Administrator to execute the deed. Ayes: Carroll, Ingle, Winslow, Holland and Miller. Nays: None. 23-116 4/26/2023 12.B.2.a.3. ACCEPTANCE OF PARCELS OF LAND ADJACENT TO ROUTE 1 FROM DAMOK, LLC On motion of Mr. Winslow, seconded by Mr. Holland, the Board accepted the conveyance of parcels of land containing a total of 0.086 acres adjacent to Route 1 from Damok, LLC and authorized the County Administrator to execute the deed. Ayes: Carroll, Ingle, Winslow, Holland and Miller. Nays: None. 12.B.2.b. CONVEYANCE OF EASEMENTS 12.B.2.b.1. TO CONSIDER CONVEYANCE OF AN EASEMENT TO VIRGINIA ELECTRIC AND POWER COMPANY FOR AN UNDERGROUND EASEMENT AT THE TURNER ROAD PUMP STATION On motion of Mr. Winslow, seconded by Mr. Holland, 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 an underground easement at the Turner Road Pump Station Site. Ayes: Carroll, Ingle, Winslow, Holland and Miller. Nays: None. 12.B.2.c. REQUESTS TO QUITCLAIM 12.B.2.c.1. REQUEST TO QUITCLAIM A PORTION OF A 16’ WATER EASEMENT ACROSS THE PROPERTY OWNED BY SUZANNE PROPERTIES, LLC On motion of Mr. Winslow, seconded by Mr. Holland, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute a quitclaim deed to quitclaim a portion of a 16’ water easement across the property owned by Suzanne Properties, LLC. Ayes: Carroll, Ingle, Winslow, Holland and Miller. Nays: None. 12.B.2.c.2. REQUEST TO QUITCLAIM A PORTION OF A 16’ SEWER EASEMENT ACROSS THE PROPERTY OWNED BY STONEBRIDGE OWNER LLC On motion of Mr. Winslow, seconded by Mr. Holland, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute a quitclaim deed to quitclaim a portion of a 16’ sewer easement across the property owned by Stonebridge Owner LLC. Ayes: Carroll, Ingle, Winslow, Holland and Miller. Nays: None. 12.B.2.c.3. REQUEST TO QUITCLAIM PORTIONS OF A 16’ WATER EASEMENT ACROSS THE PROPERTY OWNED BY LAMBERT LANDING II LIMITED PARTNERSHIP On motion of Mr. Winslow, seconded by Mr. Holland, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute a quitclaim deed to quitclaim portions of a 16’ water easement across the property owned by Lambert Landing II Limited Partnership. Ayes: Carroll, Ingle, Winslow, Holland and Miller. Nays: None. 23-117 4/26/2023 12.B.2.c.4. REQUEST TO QUITCLAIM PORTIONS OF A VARIABLE WIDTH WATER AND SEWER EASEMENT ACROSS THE PROPERTY OWNED BY LAMBERT LANDING LIMITED PARTNERSHIP On motion of Mr. Winslow, seconded by Mr. Holland, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute a quitclaim deed to quitclaim portions of a variable width water and sewer easement across the property owned by Lambert Landing Limited Partnership. Ayes: Carroll, Ingle, Winslow, Holland and Miller. Nays: None. 12.B.2.d. REQUESTS FOR PERMISSION 12.B.2.d.1. REQUEST FOR PERMISSION TO ALLOW A PROPOSED PRIVATE WATER SERVICE LINE WITHIN A PROPOSED PRIVATE WATER EASEMENT TO SERVE THE PROPERTY AT 15103 WOODS EDGE ROAD On motion of Mr. Winslow, seconded by Mr. Holland, the Board granted permission to allow a proposed private water service line within a proposed private water easement to serve property at 15103 Woods Edge Road and authorized the County Administrator to execute the water connection agreement. Ayes: Carroll, Ingle, Winslow, Holland and Miller. Nays: None. 12.B.3. OPIOID ABATEMENT AUTHORITY GRANT APPLICATION On motion of Mr. Winslow, seconded by Mr. Holland, the Board authorized the participation in a Virginia Opioid Abatement Grant application, totaling $1,507,034 in collaboration with the following localities: City of Colonial Heights, City of Petersburg, and Powhatan County. Ayes: Carroll, Ingle, Winslow, Holland and Miller. Nays: None. 12.B.4. AUTHORIZE USE OF DISTRICT ENHANCEMENT CAPITAL IMPROVEMENT FUNDS (DECIF) On motion of Mr. Winslow, seconded by Mr. Holland, the Board the Board authorized the use of District Enhancement Capital Improvement funds, including authorization to advertise and award construction contracts and change orders, up to the full amount budgeted for each project, and execution of any agreements necessary to complete the projects. Ayes: Carroll, Ingle, Winslow, Holland and Miller. Nays: None. 12.B.5. AWARD OF CONSTRUCTION CONTRACT FOR COUNTY PROJECT GARY, SOUTH AND MERIDIAN WATERLINE On motion of Mr. Winslow, seconded by Mr. Holland, the Board authorized the Director of Procurement to award the construction contract to Southern Construction Utilities Inc. in the amount of $2,701,312 and execute all necessary change orders up to the full amount budgeted for the Gary, South and Meridian Waterline project. Ayes: Carroll, Ingle, Winslow, Holland and Miller. Nays: None. 23-118 4/26/2023 12.B.6. APPROPRIATION AND TRANSFER OF FUNDS AND AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT FOR THE ROUTE 288 SB-HULL STREET WB RAMP IMPROVEMENT AND PARK-AND-RIDE LOT PROJECT On motion of Mr. Winslow, seconded by Mr. Holland, the Board took the following actions for the Route 288 SB to Hull Street WB Ramp Improvement and Park-and-Ride Lot Project: 1. Appropriated an additional $7,299,000 in anticipated VDOT reimbursements; 2. Appropriated $587,200 in Shed 12 Cash Proffers; 3. Transferred $4,443,300 from the General Road Improvement Account; and 4. Authorized the Director of Procurement to award a construction contract in the amount of $19,723,831 to Caton Construction Group, Inc.; and to execute all necessary change orders up to the full amount budgeted for the project. Ayes: Carroll, Ingle, Winslow, Holland and Miller. Nays: None. 12.B.7. APPROPRIATION OF FUNDS AND AUTHORIZATION TO PROCEED WITH THE SAFE STREETS FOR ALL SAFETY ACTION PLAN On motion of Mr. Winslow, seconded by Mr. Holland, the Board appropriated $280,000 in anticipated federal reimbursements, transferred $70,000 in matching funds from the General Road Improvement Account and authorized the County Administrator to enter into an agreement with FHWA, acceptable to the County Attorney. Ayes: Carroll, Ingle, Winslow, Holland and Miller. Nays: None. 12.B.8. APPROPRIATION OF FUNDS AND AUTHORIZATION TO PROCEED WITH 30% DESIGN OF I-95/ROUTE 10 INTERCHANGE IMPROVEMENTS, PHASE II AND ROUTE 360 (WOODLAKE VILLAGE PARKWAY – OTTERDALE ROAD) WIDENING On motion of Mr. Winslow, seconded by Mr. Holland, the Board took the following action to advance 30% design for the I-95/Route 10 Interchange Improvements, Phase II and Route 360 (Woodlake Village Parkway – Otterdale Road) Widening Projects: 1. Appropriated $750,000 in anticipated CVTA regional reimbursements to each project; and 2. Authorized the County Administrator to enter into an agreement with the CVTA, acceptable to the County Attorney. Ayes: Carroll, Ingle, Winslow, Holland and Miller. Nays: None. 23-119 4/26/2023 12.B.9. MEMORANDUM OF AGREEMENT BETWEEN THE COUNTY OF CHESTERFIELD, THE VIRGINIA NATIONAL GUARD, AND THE VIRGINIA DEPARTMENT OF EMERGENCY MANAGEMENT REGARDING THE VIRGINIA HELICOPTER AQUATIC RESCUE TEAM On motion of Mr. Winslow, seconded by Mr. Holland, the Board authorized the County Administrator to approve the agreement and execute future minor revisions or updates that do not substantially change the scope of the agreement (e.g., a change to the National Guard’s Adjutant General). Ayes: Carroll, Ingle, Winslow, Holland and Miller. Nays: None. 12.B.10. ESTABLISHING COMPENSATION OF THE 2024-2027 BOARD OF SUPERVISORS On motion of Mr. Winslow, seconded by Mr. Holland, the Board established compensation of the 2024-2027 Board of Supervisors up to a base salary maximum cap of $46,419. Ayes: Carroll, Ingle, Winslow, Holland and Miller. Nays: None. 12.B.11. ACCEPTANCE OF STATE ROADS On motion of Mr. Winslow, seconded by Mr. Holland, the Board 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 Sections 33.2-705 and 33.2-334, 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: Harper’s Mill South Section 3 Type Change to the Secondary System of State Highways: Additions Reason for Change: New Subdivision Streets Pursuant to Code of Virginia Statute: §33.2-705, 33.2-334 Street Name and/or Route Number 23-120 4/26/2023 • Verneham Drive, State Route Number 8461 From: 0.01 miles south of Fishers Green Drive, (Route 8462) To: Henningford Road, (Route 8492), a distance of 0.12 miles Recordation Reference: Plat Book 269, Page 79 Right of Way width (feet) = 50 • Verneham Drive, State Route Number 8461 From: Henningford Road, (Route 8492) To: The end-of-maintenance, a distance of 0.19 miles Recordation Reference: Plat Book 269, Page 79 Right of Way width (feet) = 50 • Henningford Road, State Route Number 8492 From: Verneham Drive, (Route 8461) To: Nesbit Ferry Lane (Route 8465), a distance of 0.12 miles Recordation Reference: Plat Book 269, Page 79 Right of Way width (feet) = 50 • Henningford Road, State Route Number 8492 From: Nesbit Ferry Lane (Route 8465) To: The cul-de-sac, a distance of 0.08 miles Recordation Reference: Plat Book 269, Page 79 Right of Way width (feet) = 50 • Nesbit Ferry Lane, State Route Number 8465 From: 0.01 miles south of Fishers Green Drive (Route 8462) To: Henningford Road, a distance of 0.06 miles Recordation Reference: Plat Book 269, Page 79 Right of Way width (feet) = 50 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 Sections 33.2-705 and 33.2-334, 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: Pennwood Estates Type Change to the Secondary System of State Highways: Additions Reason for Change: New Subdivision Streets Pursuant to Code of Virginia Statute: §33.2-705, 33.2-334 Street Name and/or Route Number 23-121 4/26/2023 • Michaelwood Road, State Route Number 8449 From: Drexelbrook Road, (Route 2181) To: Appelman Road, (Route 8450), a distance of 0.07 miles Recordation Reference: Plat Book 279, Page 2 Right of Way width (feet) = 50 • Michaelwood Road, State Route Number 8449 From: Appelman Road, (Route8450) To: The cul-de-sac, a distance of 0.13 miles Recordation Reference: Plat Book 279, Page 2 Right of Way width (feet) = 50 • Appelman Road, State Route Number 8450 From: Michaelwood Road, (Route 8449) To: Appelman Court, (Route 8451) a distance of 0.09 miles Recordation Reference: Plat Book 279, Page 2 Right of Way width (feet) = 50 • Appelman Road, State Route Number 8450 From: Appelman Court, (Route 8451) To: Lancewood Road, (Route 8452), a distance of 0.07 miles Recordation Reference: Plat Book 279, Page 2 Right of Way width (feet) = 50 • Appelman Road, State Route Number 8450 From: Lancewood Road, (Route 8452) To: Appelman Ridge Court, (Route 8454) a distance of 0.07 miles Recordation Reference: Plat Book 279, Page 2 Right of Way width (feet) = 50 • Appelman Road, State Route Number 8450 From: Appelman Ridge Court, (Route 8454) To: Brickhaven Drive, (Route 3164) a distance of 0.08 miles Recordation Reference: Plat Book 279, Page 2 Right of Way width (feet) = 50 • Appelman Court, State Route Number 8451 From: Appelman Road, (Route 8450) To: The cul-de-sac, a distance of 0.04 miles Recordation Reference: Plat Book 279, Page 2 Right of Way width (feet) = 50 • Lancewood Road, State Route Number 8452 From: Appelman Road, (Route 8450) To: Lancewood Court, (Route 8453) a distance of 0.13 miles Recordation Reference: Plat Book 279, Page 2 Right of Way width (feet) = 50 • Lancewood Road, State Route Number 8452 From: Lancewood Court, (Route 8453) To: The end-of-maintenance, a distance of 0.03 miles Recordation Reference: Plat Book 279, Page 2 Right of Way width (feet) = 50 • Lancewood Court, State Route Number 8453 From: Lancewood Road, (Route 8452) To: The cul-de-sac, a distance of 0.06 miles Recordation Reference: Plat Book 279, Page 2 Right of Way width (feet) = 50 • Appelman Ridge Court, State Route Number 8454 23-122 4/26/2023 From: Appelman Road, (Route 8450) To: The cul-de-sac, a distance of 0.06 miles Recordation Reference: Plat Book 279, Page 2 Right of Way width (feet) = 50 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 Sections 33.2-705 and 33.2-334, 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: Foxfield Section 4 Type Change to the Secondary System of State Highways: Additions Reason for Change: New Subdivision Street Pursuant to Code of Virginia Statute: §33.2-705, 33.2-334 Street Name and/or Route Number • Scarlet Coat Drive, State Route Number 8370 From: 0.16 miles northeast of Scarlet Coat Place, (Route 8407) To: Mossy Oak Road, (Route 8129), a distance of 0.01 miles Recordation Reference: Plat Book 260, Page 16 Right of Way width (feet) = 50 • Scarlet Coat Drive, State Route Number 8370 From: Scarlet Coat Place, (Route 8407) To: 0.16 miles northeast of Scarlet Coat Place, (Route 8407), a distance of 0.16 miles Recordation Reference: Plat Book 260, Page 16 Right of Way width (feet) = 50 • Scarlet Coat Drive, State Route Number 8370 From: Swift Fox Drive, (Route 7288) To: 0.01 miles northeast of Swift Fox Drive, (Route 7288), a distance of 0.01 miles Recordation Reference: Plat Book 260, Page 16 Right of Way width (feet) = 50 • Scarlet Coat Drive, State Route Number 8370 From: 0.01 miles northeast of Swift Fox Drive, (Route 7288) To: Scarlet Coat Place, (Route 8407), a distance of 0.03 miles Recordation Reference: Plat Book 260, Page 16 Right of Way width (feet) = 50 23-123 4/26/2023 • Scarlet Coat Place, State Route Number 8407 From: Scarlet Coat Drive, (Route 8370) To: The cul-de-sac, a distance of 0.05 miles Recordation Reference: Plat Book 260, Page 16 Right of Way width (feet) = 40 And, further, the Board adopted the following resolution: WHEREAS, the street described below is shown on a plat recorded in the Clerk’s Office of the Circuit Court of Chesterfield County; and WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised this Board the street meets the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation. NOW, THEREFORE, BE IT RESOLVED, that this Board requests the Virginia Department of Transportation to add the streets described below to the secondary system of state highways, pursuant to Sections 33.2-705 and 33.2-334, 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: Warehouse - Ashton Creek Business Center Type Change to the Secondary System of State Highways: Additions Reason for Change: New Street Pursuant to Code of Virginia Statute: §33.2-705, 33.2-334 Street Name and/or Route Number • Ashton Park Drive, State Route Number 932 From: 0.54 miles southeast of Ruffin Mill Road, (Route 746) To: The temporary cul-de-sac, a distance of 0.09 miles Recordation Reference: Deed Book 12765, Page 487; Plat Book 276, Page 40 Right of Way width (feet) = 70 And, further, the Board adopted the following resolution: WHEREAS, the street described below is shown on a plat recorded in the Clerk’s Office of the Circuit Court of Chesterfield County; and WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised this Board the street meets the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation. NOW, THEREFORE, BE IT RESOLVED, that this Board requests the Virginia Department of Transportation to add the streets described below to the secondary system of state highways, pursuant to Sections 33.2-705 and 33.2-334, 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. 23-124 4/26/2023 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: The Townes at Notting Place Section 3 Type Change to the Secondary System of State Highways: Additions Reason for Change: New Subdivision Street Pursuant to Code of Virginia Statute: §33.2-705, 33.2-334 Street Name and/or Route Number • Westhall Gardens Drive, State Route Number 8126 From: 0.02 miles south of Amber Branch Drive, (Route 8127) To: The cul-de-sac, a distance of 0.16 miles Recordation Reference: Plat Book 281, Page 27 Right of Way width (feet) = 47 Ayes: Carroll, Ingle, Winslow, Holland and Miller. Nays: None. 12.B.12. SET A PUBLIC HEARING 12.B.12.a. TO CONSIDER THE DECLARATION OF SURPLUS PROPERTY AND DISPOSAL OF SAME TO FACILITATE AN EXCHANGE OF PROPERTY FOR THE BAILEY BRIDGE CONNECTOR PROJECT On motion of Mr. Winslow, seconded by Mr. Holland, the Board set May 25, 2023, as the date to hold a public hearing to consider the declaration of surplus property and disposal of same to facilitate an exchange of property for the Bailey Bridge Connector Project. Ayes: Carroll, Ingle, Winslow, Holland and Miller. Nays: None. 12.B.12.b. TO CONSIDER THE EXERCISE OF EMINENT DOMAIN FOR THE ACQUISITION OF RIGHT-OF-WAY FOR THE BAILEY BRIDGE CONNECTOR PROJECT On motion of Mr. Winslow, seconded by Mr. Holland, the Board set May 25, 2023, as the date to hold a public hearing to consider the exercise of eminent domain for the acquisition of right-of-way for the Bailey Bridge Connector Project. Ayes: Carroll, Ingle, Winslow, Holland and Miller. Nays: None. 12.B.12.c. TO CONSIDER THE FY2024-FY2029 SECONDARY ROAD SIX-YEAR PLAN AND FY2024 SECONDARY ROAD BUDGET On motion of Mr. Winslow, seconded by Mr. Holland, the Board set May 25, 2023, as the date to hold a public hearing to consider the FY2024-FY2029 Secondary Road Six-Year Plan and FY2024 Secondary Road Budget. Ayes: Carroll, Ingle, Winslow, Holland and Miller. Nays: None. 23-125 4/26/2023 12.B.12.d. TO CONSIDER FY2025 AND FY2026 TRANSPORTATION ALTERNATIVES PROJECTS On motion of Mr. Winslow, seconded by Mr. Holland, the Board set May 25, 2023, as the date to hold a public hearing to consider FY2025 and FY2026 Transportation Alternatives Projects. Ayes: Carroll, Ingle, Winslow, Holland and Miller. Nays: None. 12.B.12.e. TO CONSIDER THE VACATION OF A PORTION OF A 16’ ALLEY, BLOCK 16, WITHIN REVISED PLAN OF RAYON PARK On motion of Mr. Winslow, seconded by Mr. Holland, the Board set May 25, 2023, as the date to hold a public hearing to consider the vacation of a portion of a 16’ alley, Block 16, within revised plan of Rayon Park. Ayes: Carroll, Ingle, Winslow, Holland and Miller. Nays: None. 12.B.12.f. TO CONSIDER THE VACATION OF A PORTION OF A 5’ EASEMENT, ON LOT 28, SECTION A, SUMMERFORD On motion of Mr. Winslow, seconded by Mr. Holland, the Board set May 25, 2023, as the date to hold a public hearing to consider the vacation of a portion of a 5’ easement, on Lot 28, Section A, Summerford. Ayes: Carroll, Ingle, Winslow, Holland and Miller. Nays: None. 12.B.13. APPROVAL OF SCHOOL-ED LEASE AT SPRINGLINE AT DISTRICT 60 AND MEMORANDUM OF UNDERSTANDING WITH THE CHESTERFIELD COUNTY SCHOOL BOARD On motion of Mr. Winslow, seconded by Mr. Holland, the Board approved the School-ED Lease at Springline at District 60 and Memorandum of Understanding with the Chesterfield County School Board. Ayes: Carroll, Ingle, Winslow, Holland and Miller. Nays: None. 13. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED MATTERS Mr. Stephen Melton expressed concerns relative to the county’s zoning ordinance pertaining to lighting pollution in residential areas. Ms. Michelle McQueen, president of the Chesterfield Alumnae Chapter of Delta Sigma Theta Sorority, Inc., addressed the Board relative to activities held by the Chapter. Mr. Jerry Turner expressed concerns relative to a housing development and school capacity in his district. Mr. Will Shewmake addressed the Board relative to the proposed Midlothian Corridor Plan. Mr. Jim Williams also addressed the Board relative to the proposed Midlothian Corridor Plan 23-126 4/26/2023 14. DEFERRED ITEMS FROM PREVIOUS MEETINGS There were no deferred items from previous meetings. 15. REQUESTS FOR MANUFACTURED HOME PERMITS AND REZONING PLACED ON THE CONSENT AGENDA 22SN0012 In Clover Hill Magisterial District, Royal Farms at Warbro Road is a request to amend zoning approval (Case 16SN0565) relative to proffered conditions and amendment of zoning district map in Light Industrial (I-1) District on 5.22 acres fronting approximately 480 feet north line of Hull Street Rd at the intersection of Warboro Road, and 462 feet along the east line of Warboro Road. Density will be controlled by zoning conditions or ordinance standards. The Comprehensive Plan suggests the property is appropriate for Corporate Office/Research & Development/Light Industrial use. Tax ID 738-681-9293. Ms. Hall introduced Case 22SN0012. She stated the applicant has withdrawn the request and no further action will be taken by this Board. 22SN0119 In Matoaca Magisterial District, Whalon Transportation Service Business is a request for conditional use to permit a transportation business from home to include on-site parking of 5 vehicles to serve the business and amendment of zoning district map in a Residential (R-15) District on 0.39 acre known as 14430 Branding Iron Road. Density will be controlled by zoning conditions or ordinance standards. The Comprehensive Plan suggests the property is appropriate for Rural Residential/Agricultural use. Tax ID 720- 652-6081. Ms. Hall introduced Case 22SN0119. She stated the applicant has withdrawn the request and no further action will be taken by this Board. 22SN0129 In Midlothian Magisterial District, Boodram Commercial Truck Parking is a request for conditional use to permit storage of commercial food trucks and amendment of zoning district map in a Residential (R-15) District on 0.35 acre known as 8501 Rubis Terrace. Density will be controlled by zoning conditions or ordinance standards. The Comprehensive Plan suggests the property is appropriate for Suburban Residential II use (2 to 4 dwellings per acre). Tax ID 757-709-7115. Ms. Hall introduced Case 22SN0129. She stated the district supervisor is requesting a deferral until the Board’s regularly scheduled June 28, 2023, meeting. Mr. Carroll called for public comment on the deferral. There being no one to speak to the deferral, the public hearing was closed. On motion of Dr. Miller, seconded by Mr. Ingle, the Board deferred Case 22SN0129 until the June 28, 2023, regularly scheduled meeting. Ayes: Carroll, Ingle, Winslow, Holland and Miller. Nays: None. 23-127 4/26/2023 Ms. Sara Hall stated for each case on the consent agenda, staff has received written confirmation from the applicants that they agree with the conditions being imposed and all proffers are offered in compliance with state law. 20SN0568 In Bermuda Magisterial District, Destiny Christian Center is a request for conditional use to permit a church and amendment of zoning district map in a Heavy Industrial (I-3) District on 2.38 acres known as 11930 Old Stage Road. Density will be controlled by zoning conditions or ordinance standards. The Comprehensive Plan suggests the property is appropriate for Industrial use. Tax ID 802-659-5824. Ms. Hall introduced Case 20SN0568. She stated staff received no comments on the case, and the Planning Commission and staff recommended approval subject to the conditions in the staff report. Mr. Carroll called for public comment. There being no one to speak to the issue, the public hearing was closed. On motion of Mr. Ingle, seconded by Mr. Holland, the Board approved Case 20SN0568, subject to the following condition: 1. The site shall operate in general conformance with Exhibit A, Site Layout Plan, “Destiny Church CUP Concept Plan”. No further expansion of the use is permitted. (P) Ayes: Carroll, Ingle, Winslow, Holland and Miller. Nays: None. 22SN0149 In Midlothian Magisterial District, Williams-Patterson Family Day Care Home is a request for conditional use to permit a family day care home and amendment of zoning district map in a Residential (R- 7) District on 0.35 acre known as 2109 Ives Lane. Density will be controlled by zoning conditions or ordinance standards. The Comprehensive Plan suggests the property is appropriate for Suburban Residential II uses (2 to 4 dwellings per acre). Tax ID 763-697-8372. Ms. Hall introduced Case 22SN0149. She stated staff received no comments on the case, and the Planning Commission and staff recommended approval subject to the conditions in the staff report. Mr. Carroll called for public comment. There being no one to speak to the issue, the public hearing was closed. On motion of Dr. Miller, seconded by Mr. Winslow, the Board approved Case 22SN0149, subject to the following conditions: 1. Non-Transferable Ownership. This conditional use approval shall be granted to and for Yvette Williams-Patterson, exclusively, and shall not be transferable nor run with the land. (P) 23-128 4/26/2023 2. Expansion of Use. There shall be no exterior additions or alterations to the existing structure to accommodate this use. (P) 3. Signage. There shall be no signs permitted to identify this use. (P) 4. Number of Children. This conditional use approval shall be limited to providing care, protection, and guidance to a maximum of twelve (12) children, other than the applicant’s own children, at any one time. (P) 5. Days and Hours of Operation. Days and hours of operation shall be limited to Monday through Friday from 7:00 a.m. to 6:00 p.m. (P) 6. Outdoor Play Areas. Any outdoor play area and/or recreational equipment utilized by the family day care home shall be located in the side or rear yard of the property. Outdoor play and/or recreational equipment areas shall have perimeter fencing of at least four (4) feet in height installed around the equipment and/or play area. Equipment for outdoor play areas shall be located no closer than fifteen (15) feet to the side and rear property lines. (P) 7. Employees. No more than one (1) employee shall be permitted to work on the premises, other than family member employees that live on the premises. (P) Ayes: Carroll, Ingle, Winslow, Holland and Miller. Nays: None. 22SN0152 In Clover Hill Magisterial District, Salguero Tree Service Business from the Home is a request for conditional use to permit a business from the home (tree cutting service) and amendment of zoning district map in an Agricultural (A) District on 1.41 acres known as 1017 Starlight Lane. 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 of 4 to 8 dwellings per acre). Tax ID 761-701-0192. Ms. Hall introduced Case 22SN0152. She stated staff received no comments on the case, and the Planning Commission and staff recommended approval subject to the conditions in the staff report. Mr. Carroll called for public comment. There being no one to speak to the issue, the public hearing was closed. On motion of Mr. Winslow, seconded by Mr. Ingle, the Board approved Case 22SN0152, subject to the following conditions: 1. Non-Transferable Ownership. This Conditional Use approval shall be granted exclusively to Wuilder and Gabriela Salguero and shall not be transferable with the land. (P) 2. Use. This Conditional Use approval shall be for the operation of a contractor’s office and storage yard (tree service business), incidental to a dwelling. (P) 23-129 4/26/2023 3. Time Limitation. This Conditional Use approval shall be granted for a period not to exceed three (3) years from the date of approval. (P) 4. Equipment Storage. a. As a part of this business, the following vehicles may be stored on the property are limited to one (1) dump truck, one (1) woodchipper, one (1) bucket truck, one (1) pickup truck, and two (2) trailers. b. All equipment, except for the pick-up truck, shall be stored in the designated storage area as shown on Exhibit A and shall not be permitted to be stored in the driveway. The pick-up truck may be stored in the rear yard or in the driveway. c. No business operations except for loading and unloading equipment is to occur on the site. Equipment includes, but is not limited to, saws, axes, ladders, ropes, and safety gear. (P) 5. Screening. a. The gate separating the rear yard from the driveway shall remain closed except when moving equipment. Equipment may only be moved during operating hours, as outlined in Condition 9. b. The existing trees along the side and rear property lines as shown on Exhibit A shall not be cleared. (P) 6. Location of Use. The use shall be confined to the existing dwelling and designated storage areas, as shown on Exhibit A. (P) 7. Employees and Clients. No more than three (3) employees shall be permitted to work on the premises. No clients shall be permitted on the property. (P) 8. Signage. There shall be no signs identifying this use. (P) Days and Hours of Operation. The contractor’s office and storage yard (tree service business), to include the movement of equipment, shall be limited to Monday through Friday from 7:00 a.m. to 3:30 p.m. and Saturday from 7:30 a.m. to 1:00 p.m. There shall be no operation of the use on Sunday. (P) Ayes: Carroll, Ingle, Winslow, Holland and Miller. Nays: None. 22SN0153 In Bermuda Magisterial District, Bush Boat Parking Exception is a request for conditional use to permit the parking and storage of a recreational vehicle outside the rear yard and amendment of zoning district map in a Residential (R-7) District on 0.45 acre known as 11500 Rochelle Road. Density will be controlled by zoning conditions or ordinance standards. The Comprehensive Plan suggests the property is appropriate for Residential use (2.5 dwellings per acre or less). Tax ID 791-658-0864. Ms. Hall introduced Case 22SN0153. She stated staff received no comments on the case, and the Planning Commission and staff recommended approval subject to the conditions in the staff report. 23-130 4/26/2023 Mr. Carroll called for public comment. There being no one to speak to the issue, the public hearing was closed. On motion of Mr. Ingle, seconded by Mr. Carroll, the Board approved Case 22SN0153, subject to the following conditions: 1. Non-Transferable Ownership. This conditional use approval shall be granted exclusively to Richard and Brenda Bush and shall not be transferable nor run with the land. (P) 2. Use. This conditional use approval shall be for the parking of one (1) trailered boat no greater than twenty-six (26) feet in combined length. (P) 3. Location of Recreational Equipment. The recreational equipment (boat and trailer) shall be parked within the side yard, behind the front plane of the house, no closer than five (5) feet to a side property line as shown in Exhibit A. (P) 4. Screening. A six (6) foot tall wooden privacy fence with access gate shall be erected between the vessel and the street within thirty (30) days of zoning approval. This fence shall be located behind the front plane of the house, as shown on Exhibit A. (P) Ayes: Carroll, Ingle, Winslow, Holland and Miller. Nays: None. 22SN0159 In Matoaca Magisterial District, Poore Second Dwelling is a request for conditional use to permit a second dwelling and amendment of zoning district map in a Residential (R-25) District on 3.79 acres known as 12404 Natural Bark Drive. Density will be controlled by zoning conditions or ordinance standards. The Comprehensive Plan suggests the property is appropriate for Residential Agricultural use. Tax ID 738-663-8719. Ms. Hall introduced Case 22SN0159. She stated staff received no comments on the case, and the Planning Commission and staff recommended approval subject to the conditions in the staff report. Mr. Carroll called for public comment. There being no one to speak to the issue, the public hearing was closed. On motion of Mr. Carroll, seconded by Mr. Ingle, the Board approved Case 22SN0159, subject to the following conditions: 1. Occupancy Limitations. Occupancy of the second dwelling unit shall be limited to the occupants of the principal dwelling unit, individuals related to them by blood, marriage, adoption or guardianship, foster children, personal guests, and household employees. (P) 2. Deed Restrictions. For the purpose of providing record notice, prior to the issuance of a certificate of occupancy for the second dwelling unit, a deed restriction shall be recorded setting forth the limitation in Condition 1. The deed book and page number of such restriction and a copy of the restriction as recorded shall be submitted to the Planning Department (P) Ayes: Carroll, Ingle, Winslow, Holland and Miller. Nays: None. 23-131 4/26/2023 22SN0026 In Clover Hill Magisterial District, Deerhill Employment Facility is a request for rezoning from Light Industrial (I-1) to General Industrial (I-2) with a conditional use to permit outside storage plus conditional use planned development to permit exceptions to ordinance requirements and amendment of zoning district map on 13.48 acres known as 11900 Deerhill Road. Density will be controlled by zoning conditions or ordinance standards. The Comprehensive Plan suggests the property is appropriate for Industrial and Corporate Office/Research & Development/Light Industrial uses. Tax ID 739- 686-2750. Mr. Ryan Ramsey introduced Case 22SN0026. He stated the applicant’s proposal is to develop the eastern portion of the property with an industrial employment facility that would include an outside storage area. He further stated on the western portion of the property, an existing outside storage area has recently been constructed. He stated zoning approval is necessary to remove conditions of zoning established by Case 84SN0111 relative to buffers, as well as permit specified General Industrial uses on the property. He further stated conditional use approval is also required for outside storage to be permitted on the property without traditional screening measures. He noted exceptions to development standards are also requested for the edging for parking areas, buffers, setbacks, and screening of outside storage areas. In closing, he stated the Planning Commission and staff recommend approval, subject to the proffered conditions. Mr. Ingle recused himself due to a conflict of interest. Mr. Carroll called for public comment. Mr. Bryant Gannon, representing the applicant, agreed to the proffered conditions. There being no one else to speak to the issue, the public hearing was closed. On motion of Mr. Winslow, seconded by Mr. Holland, the Board approved Case 22SN0026, subject to the following proffered conditions: The Applicant in this case, pursuant to Section 15.2-2298 of the Code of Virginia (1950 as amended) and the Zoning Ordinance of Chesterfield County, for themselves and their successors or assigns, proffers that the property known as Chesterfield County Tax Identification Number 739686275000000 (“the Property”) under consideration will be used according to the following proffers if, and only if, the request submitted herewith is granted with only those conditions agreed to by the Applicant. In the event this request is denied or approved with conditions not agreed to by the Applicant, the proffers shall immediately be null and void and of no further force or effect. 1. Master Plan. The Master Plan for the Development of the Property shall consist of the conceptual layout last revised April 6, 2023, entitled, “Deerhill Employment Facility, Conceptual Plan” prepared by Highmark Engineering (referred to herein as the “Conceptual Plan”). The Property shall be designed and developed as generally depicted on the Conceptual Plan, but the exact location of buildings, parking areas, 23-132 4/26/2023 drives, and other improvements may be modified provided that the general intent of the Conceptual Plan is maintained. (P) 2. Uses. Uses shall be limited to those uses permitted by-right or with restrictions in the Light Industrial (I-1) District. In addition, the following General Industrial (I-2) uses are also permitted provided the manufacturing use is located inside a building and any associated outside storage is screened by site, building or buffer design. Outside storage of any equipment, materials, and refuse or recycling containers shall be prohibited in the area between the building and the eastern property line. a. Building materials sale yard (storage and sale), excluding concrete mixing. b. Contractor shops and storage yards. c. Fabricated metal product manufacturing. d. Lumber products manufacturing (excluding furniture and fixture manufacturing). e. Outside storage. f. Scale yard, including associated outside storage areas for materials to be recycled. g. Truck terminals. h. Brewery, manufacturing. i. Data center. j. Distillery manufacturing. k. Feed storage. l. Food preparation manufacturing. m. Metal products manufacturing, fabricated products not otherwise listed. n. Motor Vehicle storage lot. o. Plant nursery, wholesale. p. Public utility service building, including facilities for construction or repair, or for the service or storage of utility materials or equipment. q. Recreational equipment, parking and storage. r. Sign manufacturing. s. Wine, manufacturing. (P) 3. Height Restrictions. a. Any outside storage of materials, not including the portion of the Property with the scale yard (as shown on Exhibit A), shall not exceed thirty (30) feet in height. Any outside storage of cranes or bucket truck equipment on the Property shall be stored in a way that minimizes their height (e.g. closed boom) when they are not in use. b. No building or structure shall exceed thirty (30) feet in height. (P) 4. Deerhill Road Setback for Parking, Drives & Outside Storage Areas. The setback for parking areas, drives, and outside storage areas shall be no less than twenty (20) feet with the installation of Perimeter Landscape C. (P) 5. Screening. Screening of outside storage areas shall not be required. (P) 23-133 4/26/2023 6. Buffers. The following buffers shall be provided on the Property as shown on the Conceptual Plan: a. A sixty (60) foot buffer shall be maintained along the northern boundary of the Property where adjacent to property zoned Agricultural (A). However, a fifty (50) foot buffer shall be maintained on the portion of the Property that has been developed for the existing scale yard use, shown on the Conceptual Plan. b. A sixty (60) foot buffer shall also be maintained along the eastern property boundary of the Property where adjacent to Residential (R-15). In addition, a fifty (50) buffer shall be maintained along the eastern property line where adjacent to Agricultural (A) zoning. c. A sixty (60) foot buffer shall be maintained along Genito Road. d. A sixty (60) foot buffer shall be maintained along the southern boundary of the Property where adjacent to GPIN 7396850778. e. Within the identified portion of the fifty (50) foot and sixty (60) buffer areas shown on the Conceptual Plan as “Modified Buffer Area”, ten (10) feet of the interior buffer width shall be cleared and graded. Within this cleared and graded buffer area, a landscaping treatment composed of at least two (2) different types of evergreen trees planted a minimum of ten (10) feet on center shall be installed to screen interior site improvements such as the building, drives and outside storage areas from adjoining properties and Genito Road. These evergreen trees shall be a minimum of six (6) feet tall at time of installation. (P) 7. Parking Requirements. All required parking areas and the drives accessing these required parking areas on the Property shall be paved. In addition, the following standards shall apply: a. Outside storage areas may be graveled. b. All drives, parking areas and outside storage areas shall be delineated by either curb and gutter or concrete bumper blocks (P) 8. Utility Connections. The public water and wastewater systems shall be used. (U) 9. Noise Limitations. The following uses shall not generate noise levels above sixty (60) dBa as measured along the eastern property line: a. Fabricated metal product manufacturing. b. Metal products manufacturing, fabricated products not otherwise listed. c. Sign manufacturing. d. Distillery manufacturing. e. Brewery, manufacturing. f. Data center. (P) Ayes: Carroll, Winslow, Holland and Miller. Nays: None. 23-134 4/26/2023 16. PUBLIC HEARINGS 16.A. TO CONSIDER AMENDMENTS RELATIVE TO RECREATIONAL SUBSTANCES Mr. Andy Gillies, Director of Planning, stated this date and time has been advertised for the Board to consider amendments relative to recreational substances. He stated the currently adopted zoning ordinance does not enumerate uses pertaining to recreational substances. He further stated this ordinance would amend and reenact Section 19.1-570 of the zoning ordinance to add definitions for Recreational Substances; Recreational Substances, Retail, Off- Site Use; and Recreational Substances, Retail, On-Site Use. He stated the definitions identify certain vaping, tobacco, nicotine, hemp, and kratom products, and related devices and accessories as recreational substances, for businesses selling such substances establish 25 percent inventory and 15 percent shelf display thresholds as recreational substance retail, off-site use and identify those businesses that allow the on-site use of recreational substances as Recreational Substances, Retail, On- Site Use. He further stated the proposal would also amend and reenact section 19.1-52 to update the Use Table to include Recreational Substances, Retail, Off-site Use and Recreational Substances, Retail, On-Site Use; and to add special limitations for Recreational Substances, Retail to include a 2,000 ft. spacing requirement from schools and other recreational substances retailers and hours of operation. He stated these amendments would make Recreational Substances, Retail, On-Site Use available by Conditional Use if approved by the Board of Supervisors within the C-3, C-4, and C-5 zoning districts and would make Recreational Substances, Retail, Off-site Use available via Conditional Use within C-5 zoning districts. He noted the Planning Commission held a public hearing on March 21, 2023 and voted to forward a recommendation of approval to the Board of Supervisors. Discussion and questions ensued relative to signage, spacing requirements from schools and other recreational substances retailers and hours of operation. Mr. Carroll called for public comment. Mr. Ryan Burroughs, executive director of the American Kratom Association, expressed concerns relative to the hours of operation and limited availability of kratom products. Mr. William Shewmake strongly encouraged the Board to approve proposed amendments relative to recreational substances. Mr. Evan Samaji, owner of recreational substance retail, expressed concerns relative to the proposal and the negative effects the regulations will have on his business. Mr. Mike Libedor, owner of recreational substance retail, expressed concerns relative to the proposal and the negative effects the regulations will have on his business. Mr. Jim Williams urged the Board to approve proposed amendments relative to recreational substances. There being no one else to speak to the issue, the public hearing was closed. Discussion and questions ensued relative to inventory; spacing requirements from schools and other recreational substances 23-135 4/26/2023 retailers; hours of operation; the process of obtaining a conditional-use permit to establish operations in the county; and the reiteration that existing stores that sell vaping and tobacco products are grandfathered in an do not have to comply with the new restrictions. On motion of Mr. Ingle, seconded by Mr. Holland, 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 19.1-52 AND 19.1-570 OF THE ZONING ORDINANCE RELATIVE TO RECREATIONAL SUBSTANCES BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Sections 19.1-52 and 19.1-570 of the Code of the County of Chesterfield, 1997, as amended, are amended and re-enacted, to read as follows: Chapter 19.1 ZONING OOO Sec. 19.1-52. Uses Generally. OOO D. Special Limitations for Specific Uses. The following uses shall be subject to the limitations as specified: OOO 5. Recreational Substances, Retail. Unless modified or otherwise conditioned by the Board of Supervisors at the time of zoning approval, Recreational Substances uses (both Retail, Off-Site and Retail, On-Site) shall be subject to the following limitations and requirements: a. Must be located at least 2,000 linear feet from the property line of any public or private school (pre-K through Grade 12); b. Must be located at least 2,000 linear feet from the property line of an existing Recreational Substances use (both Retail, Off-Site and Retail, On-Site); and c. Hours of operation shall be limited to 8am to 8pm, Monday through Sunday. Use P = Permitted by Right R and RS = Permitted with Restrictions A = Accessory C = Conditional Use S = Special Exception M = Manufactured Home Permit Zoning Districts R-7 thru 88 R-C R-TH R-MF MH-1 MH-2 MH-3 A O-1 O-2 C-1 C-2 C-3 C-4 C-5 I-1 I-2 I-3 Recreational Substances Retail , off site use C C C Retail, on-site use C OOO Sec. 19.1-570. Definitions. 23-136 4/26/2023 For the purposes of this chapter, the following words and phrases shall have the following meanings: OOO Recreational Substances: Recreational Substances includes the following: • Any product made of tobacco including cigarettes, cigars, smokeless tobacco, and pipe tobacco. • Any noncombustible product containing nicotine or vaping fluid that employs a heating element, power source, or other electronic, chemical, or mechanical means, regardless of shape or size, that can be used to produce vapor from a solution or other form. • Any product, including any raw materials from hemp that are used for or added to a food or beverage product, that contains hemp and has completed all stages of processing needed for the product. • Kratom, and any product including any raw materials from Kratom that are used for or added to a food or beverage product, that contains Kratom and has completed all stages of processing needed for the product • Any pipe, vaporizer, other type of device, wrappings, or accessories associated with the consumption or inhalation of the abovementioned substances and materials. Recreational Substances, Retail, Off-Site Use: Any establishment, facility, or location whose business operation involves (i) the retail sale of Recreational Substances and (ii) includes Recreational Substances as 25% or more of its total inventory or 15% or more of its total display shelf area. Recreational Substances, Retail, On-Site Use: Any establishment, facility, or location whose business operation allows the on-site use of Recreational Substances. OOO (2) That this ordinance shall become effective immediately after adoption. Ayes: Carroll, Ingle, Winslow, Holland and Miller. Nays: None. 16.B. TO CONSIDER CODE AMENDMENT RELATIVE TO THE EXTENSION OF PUBLIC ROADS IN AN AGRICULTURAL DISTRICT Mr. Gilles stated this date and time has been advertised for the Board to consider code amendment relative to the extension of public roads in an Agricultural District. Mr. Carroll specified his intention to defer the matter for 90 days. Mr. Carroll called for public comment on the deferral. There being no one to speak to the deferral, the public hearing was closed. On motion of Mr. Carroll, seconded by Mr. Ingle, the Board deferred consideration of code amendment relative to the extension of public roads in an Agricultural District until the July 26, 2023, regularly scheduled meeting. Ayes: Carroll, Ingle, Winslow, Holland and Miller. Nays: None. 23-137 4/26/2023 16.C. TO CONSIDER THE SALE OF COUNTY PROPERTY AT 13824 LAWING DRIVE Mr. Sasek stated this date and time has been advertised for the Board to consider the sale of county property at 13824 Lawing Drive. Mr. Carroll called for public comment. Mr. Jeff Hill, representing Destiny Christian Church, encouraged the Board to approve the sale of property on Lawing Drive. There being no one else to speak to the issue, the public hearing was closed. On motion of Mr. Ingle, seconded by Mr. Carroll, the Board approved the conveyance of county property at 13824 Lawing Drive to Destiny Christian Church, Inc., and authorized the County Administrator to execute the contract and deed. Ayes: Carroll, Ingle, Winslow, Holland and Miller. Nays: None. 16.D. TO CONSIDER AN ORDINANCE CHANGING THE POLLING PLACE FOR FALLING CREEK EAST VOTING PRECINCT IN DALE MAGISTERIAL DISTRICT Mr. Mincks stated this date and time has been advertised for the Board to consider an ordinance changing the polling place for Falling Creek East Voting Precinct in Dale Magisterial District. He further stated the polling place for Falling Creek East Voting Precinct in Dale District is currently located at Falling Creek Elementary School, 4800 Hopkins Road. He stated Falling Creek Elementary School is small, which has posed challenges for use as a polling place. Additionally, he stated Falling Creek Elementary School has a similar name to Falling Creek Middle School, which is the polling place for the Falling Creek Voting Precinct and is located close to Falling Creek Elementary School. Because of the similarity, he stated voters in the Falling Creek East Voting Precinct have been confused about their polling place and have accidentally gone to Falling Creek Middle School to attempt to vote. He further stated to remedy the confusion and eliminate the challenge of the small polling place, the Registrar wishes to change the polling place for Falling Creek East Voting Precinct to Falling Creek Middle School, 4724 Hopkins Road. He stated changing the polling place to Falling Creek Middle School would co-locate the polling places for Falling Creek East and Falling Creek Voting Precincts, such that all voters in both Falling Creek East and Falling Creek Voting Precincts would vote at Falling Creek Middle School. Mr. Carroll 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 adopted the following ordinance to change the polling place for Falling Creak East Voting Precinct: AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING SECTION 7.3 RELATING TO PRECINCT BOUNDARIES AND POLLING PLACES BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Section 7.3 of the Code of the County of Chesterfield, 1997, as amended, is amended as follows: 23-138 4/26/2023 Falling Creek East Voting Precinct (220): Beginning at the point where the boundary line between Chesterfield County and the City of Richmond intersects the center line of the Seaboard Coast Line right -of-way on the west side of U.S. Route 1/301 (Jefferson Davis Highway); thence southwardly along the center line of said right-of-way to its intersection with Falling Creek; thence northwardly along the center line of Falling Creek to its intersection with the northwestern -most corner of Census Block 510411003002002; thence northwardly along the said boundary to its intersection with the boundary line between the County of Chesterfield and the City of Richmond; then along said boundary line as it meanders eastwardly to its intersection with the Seaboard Coast Line right - of- way on the west side of U. S. Route 1/301, the point and place of beginning. The voting place for Falling Creek East shall be Falling Creek Middle School, 4724 Hopkins Road. (2) That this ordinance shall become effective immediately upon satisfaction of the requirements of Section 24.2-129 of the Code of Virginia. Ayes: Carroll, Ingle, Winslow, Holland and Miller. Nays: None. 16.E. TO CONSIDER LEASING OF SPACE AT THE COUNTY AIRPORT FOR USE BY THE DEPARTMENT OF MILITARY AFFAIRS (VIRGINIA AIR NATIONAL GUARD) Mr. Neal stated this date and time has been advertised for the Board to consider leasing of space at the county airport for use by the Department of Military Affairs (Virginia Air National Guard). Mr. Carroll 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 extending the lease of space at the Chesterfield County Airport to the Commonwealth of Virginia for use by the Department of Military Affairs (Virginia National Guard) and authorized the County Administrator to execute the lease agreement. Ayes: Carroll, Ingle, Winslow, Holland and Miller. Nays: None. 16.F. TO CONSIDER PROPOSED ORDINANCE ESTABLISHING A TOURISM IMPROVEMENT DISTRICT Mr. Mincks stated this date and time has been advertised for the Board to consider proposed ordinance establishing a Tourism Improvement District. He further stated in 2021, the General Assembly passed Va. Code Section 15.2-2413 et seq., authorizing localities to establish tourism improvement districts ("TID") within their boundaries for the purpose of generating funds that can be used to increase tourism to the locality. He stated Lodging business owners in the County submitted a TID plan that would establish a fee of 2 percent of gross short-term rental revenue for lodging businesses that have forty-one rooms or more anywhere in the county. He further stated the proposed fees would be collected and paid in a manner similar to the county’s transient occupancy tax. He stated Richmond Region Tourism has been identified as the administering non-profit organization who would oversee the expenditure of the collected fees for the purpose of increasing tourism to the County. He further stated on March 22, 2023, the Board held a public hearing to receive comments on the 23-139 4/26/2023 establishment of a TID. He stated lodging business owners have had an additional thirty days from the conclusion of the March 22, 2023 public hearing to submit written objections to the TID. He noted the Board has not received objections from lodging business owners who will pay fifty (50) percent or more of the expected fees. Mr. Carroll called for public comment. Ms. Katherine O’Donnell, executive vice president of Richmond Region Tourism, urged the Board to approve the proposal. There being no one else to speak to the issue, the public hearing was closed. Discussion ensued relative to the proposal. On motion of Mr. Holland, seconded by Mr. Winslow, the Board adopted the following ordinance establishing a Tourism Improvement District in the county: AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY ADDING ARTICLE XXI TO CHAPTER 9, RELATING TO THE ESTABLISHMENT OF A TOURISM IMPROVEMENT DISTRICT BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Article XXI shall be added to Chapter 9 of the County Code, to read as follows: Sec. 9-272. – Definitions. The following words shall have the following meaning within this Article: District: The tourism improvement district created by this Article. District Plan: The plan titled “Tourism Improvement District Plan” that was part of the resolution adopted by the Board of Supervisors on February 22, 2023, and as may be amended. The plan is on file with the Clerk of the Board of Supervisors. Lodging Business: All businesses within the County providing accommodations and subject to transient occupancy taxes under Article XI of the County Code. Sec. 9-273. – Establishment of a tourism improvement district. Pursuant to Code of Virginia § 15.2413.1 et seq., there is hereby created in the County a tourism improvement district. The District shall have a term of ten (10) years, beginning July 1, 2023 through June 30, 2033. Sec. 9-273. – Purpose of the District. The purpose of the District is to provide benefits to businesses paying the business fees described in Section 9-276 by increasing awareness and demand for room night sales through marketing, promotions, and special events activities. The activities to be undertaken as part of the District are described in the District Plan, which is hereby adopted and approved. Sec. 9-274. – Boundaries of the District. The boundaries of the District shall be coextensive with the boundaries of the County. Sec. 9-275. – Findings. Pursuant to Code of Virginia § 15.2-2413.5, the County hereby finds: (a) The notice of hearing for all hearings required to be held under Code of Virginia § 15.2413.1 et seq., were published and mailed as required by law and are otherwise sufficient; (b) All businesses to be charged a business fee within the boundaries of the District will benefit from the establishment of the District; and (c) The establishment of the District is in the public interest. Sec. 9-276. – Business fee rate. 23-140 4/26/2023 There is hereby imposed on each and every Lodging Business with forty-one (41) rooms or more located within the boundaries of the County, existing and in the future, a business fee of two percent (2%) of gross short-term room rental revenue. The business fee will not be imposed on stays of more than thirty (30) consecutive days or stays that are paid directly by the federal government. The business fee is levied upon and is a direct obligation of the Lodging Business paying the business fee. The Lodging Business, may, in accordance with the District Plan, pass the business fee on to its guests. Sec. 9-277. – Collection and remittance. All business fees authorized pursuant to this Article shall be paid to the County on a monthly basis. Each Lodging Business responsible for any business fee shall make a report of the business fees collected upon such forms and setting forth such information as the Commissioner of the Revenue may prescribe, showing the amount of lodging charges collected and the business fees required to be paid. The Lodging Business shall sign and deliver such report to the Commissioner of the Revenue with the remittance of the business fee. Such reports and remittances shall be made on or before the 20th day of each month covering the business fees incurred during the preceding month. The County shall then remit all business fees collected to the administering nonprofit organization identified in Section 9-281. Sec. 9-278. – Lodging Business records. Every Lodging Business liable for payment of the business fee imposed by this Article shall keep, for two years, all records necessary to determine the amount of the business fee as it may have been responsible for paying to the County. The Commissioner of the Revenue may inspect such records at all reasonable times. Sec. 9-279. – Duty of Lodging Business going out of business or disposing of business. When any Lodging Business required to pay to the County a business fee under this Article ceases to operate, any business fee payable under this Article to the County shall become immediately due and payable and such Lodging Business shall immediately make a report and pay the business fee due. Sec. 9-280. – Penalties for failure to pay business fee. Penalties and interest on any unpaid business fee shall be incurred and collected in the same manner as provided for transient occupancy taxes under Article XI of the County Code. Sec. 9-281. – Administering nonprofit. Region Richmond Tourism shall serve as the administering nonprofit pursuant to Code of Virginia § 15.2-2413.10 and the District Plan. Sec. 9-282. – Financial reports. The administering nonprofit identified in Section 9-281 shall submit audited annual financial reports to the Board of Supervisors no later than 180 days after the end of the administering nonprofit’s fiscal year. Additionally, the administering nonprofit shall submit a 23-141 4/26/2023 quarterly report to the Board of Supervisors on the uses of District revenue within the Richmond region. The administering nonprofit shall submit any additional financial reports and information related to the District and the use of District revenue as may be requested by the Board of Supervisors. Ayes: Carroll, Ingle, Winslow, Holland and Miller. Nays: None. 17. REMAINING MANUFACTURED HOME PERMITS AND ZONING REQUESTS There were no remaining manufactured home permits and zoning requests. 18. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED MATTERS There were no requests to address the Board at this time. 19. ADJOURNMENT On motion of Mr. Winslow, seconded by Mr. Holland, the Board adjourned at 8:55 p.m. until May 25, 2023, at 2:00 p.m. for a work session to be held in Room 502. __________________________ ___________________________ Joseph P. Casey Kevin P. Carroll County Administrator Chairman 23-141 4/26/2023