The URL can be used to link to this page

2019-04-24 MinutesBOARD OF SUPERVISORS MINUTES April 24, 2019 Supervisors in Attendance: Ms. Leslie A. T. Haley, Chair Mr. Stephen A. Elswick, Vice Chair Ms. Dorothy A. Jaeckle Mr. Christopher M. Winslow_ Mr. James M. Holland Dr. Joseph -P. Casey County Administrator Ms. Haley called the meeting to order at 2:00 p.m. 1. APPROVAL OF _MINUTES FOR APRIL 10, 2019 Ms. Janice Blakley, Clerk to the Board of Supervisors, informed the Board of the correction to the appropriations resolution on page 179, line 69. On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board approved the minutes of April 10, 2019, as amended. Ayes: Haley, Elswick, Jaeckle, Winslow and Holland. Nays: None. 2. REQUESTS TO POSTPONE AGENDA ITEMS AND ADDITIONS, DELETIONS OR CHANGES IN THE ORDER OF PRESENTATION On motion of Mr. Winslow, seconded by Mr. Holland, the Board moved Item 13.B.1.c., Resolution Recognizing April as "National Donate Life Month" in Chesterfield County, to .follow Item 11., Board Member Reports, and approved the agenda, as amended. Ayes: Haley, Elswick, Jaeckle, Winslow and Holland. Nays: None. 3. WORK SESSIONS 3.A. EVERY DAY EXCELLENCE ENVIRONMENTAL ENGINEERING Mr. Scott Smedley, Director of Environmental Engineering, recognized Mr. Jerry Duffy, Drainage Superintendent, for his extraordinary_ efforts maintaining an aging drainage channel in the Gleneagles Subdivision. Board members commended and expressed their appreciation to -Mr. Duffy and his team for.their tremendous efforts. 3:B. RICHMOND METROPOLITAN TRANSPORTATION AUTHORITY (RMTA) UPDATE Ms. Joi Taylor Dean, CEO of the Richmond Metropolitan Transportation Authority (RMTA) provided an update to the Board of, Supervisors relative to RMTA activities and opportunities. She stated the organizations mission is to 19-185 04/24/19 facilitate and provide a variety of transportation and public facilities that improve the quality of life in the Richmond metropolitan area. She further stated in accordance with legislation by the Virginia General Assembly, the Authority is managed by a 16 -member Board. In addition to the Board, she stated the organization is made up of key executive staff to manage: engineering, finance, human resources and auditing. She further stated the RMTA is an independent authority and political subdivision that was created by an act of the Virginia General Assembly in 1966. She stated it was formed originally to build and maintain a toll expressway system to service the Richmond metropolitan area. She further stated although the act has been amended to authorize the RMTA to own and operate other facilities, including parking decks, coliseums and arenas, the act and the Authority's several bond resolutions prohibit the commingling of funds of various projects. She then reviewed the use of revenues in FY2019 and the 2017-2022 strategic plan of the organization. She stated strategic priorities include becoming the "go to" authority for transportation and other infrastructure projects and services in the region; providing world-class customer service through strong communications and best in class customer experience; ensuring security of existing revenue stream while , evaluating alternative funding approaches to support new initiatives; attracting and retaining best staff in the business; taking full advantage of new technologies to ensure safety, enhance customer experience, and operate efficiently. She then reviewed the Toll System Replacement Project which is a project to upgrade the current toll collection system at the Powhite Parkway, Downtown Expressway and Boulevard Bridge; and the replacement of old and obsolete hardware architecture and software. Discussion ensued relative to toll system replacement, improvement to operational efficiency- and enhancement of customer service. In closing, Ms. Dean reviewed opportunities moving forward which include working with local jurisdictions on regional projects and serving as a resource in the area of transportation; strengthening partnerships and relationships by leveraging experience and backgrounds of board of directors; and continuing dialogue with local jurisdictions about current and future needs. Discussion ensued relative to Ms. Dean's presentation. 3.C. TOURISM UPDATE Mr. Scott Zaremba, Deputy County Administrator, stated the leisure and hospitality sector employs nearly 14,000 people, has an annual payroll of nearly $250 million; has 41 hotels with 3,821 rooms in the county; had an occupancy rate of 66 percent in 2018; and has a total assessment of nearly $190 million. He further stated occupancy taxes have surged with the addition of River City Sportsplex, and the pace has increased with county ownership, with an increase of 65 percent since FY2010. He noted many partnerships sustain that momentum. He then introduced Mr. Jon Lugbill, Executive Director of Sportsbackers, and Mr. Jack Berry, President and Chief Executive Officer of Richmond Region Tourism. , Mr. Berry and Mr. Lugbill provided highlights related to various sports tournament events played in the Richmond region. Mr. Berry stated River'City Sportsplex is home to one of the largest collections of synthetic turf fields in the United States. He further stated now owned and operated by the Chesterfield County Department of Parks and Recreation, 19-186 04/24/19 River City Sportsplex is available for year-round use by residents and tournament participants. He stated the state- of-the-art facility features 12 athletic fields for soccer, lacrosse, field hockey and many other sports. He also highlighted many elite regional and national events'held at the facility. He noted sports events held in Chesterfield County have made an economic impact of $84.1 million this year for the entire Richmond region and a $41 million county impact, with a new event impact for Chesterfield at $5.9 million. Mr. ' Lugbill then highlighted sports tourism challenges, initiatives and partnerships. Discussion ensued relative to county and community on-going partnerships, in collaboration with resident and sports tournament participants, as well as the importance of pursuing other opportunities to obtain additional tourism revenue. Ms. Martha Burton, Tourism Director with Petersburg Area Regional Tourism (PART), presented an update to the Board on the activities of the PART Board. She stated the Petersburg Area Regional Tourism.Corporation was founded in -2006 to help visitors discover one of Virginia's most historic and entertaining regions. She further stated' the purpose of PART is to develop and implement a regional tourism marketing initiative that will result in increased tourism visitation and spending, in. addition to assisting member localities in strategic product development planning. She then reviewed local events, activities, attractions and restaurants. In closing, Board members were shown the newly designed Petersburg Area Regional Tourism Corporation website. 3.D. PLANNING UPDATE Mr. Andy Gillies, Planning Director, and Mr. Steve Haasch, Senior Planner, provided an update to the Board of Supervisors on the status of several projects and initiatives underway, as well as the countywide Comprehensive Plan. Mr. Gillies presented .a general overview 'of the draft Comprehensive Plan update project, along with several other Planning Department projects such as zoning ordinances, specifically for solar facilities and signs, Midlothian Community Special Area Plan, Jeff Davis Special Area Plan implementation and zoning process improvements. Discussion ensued relative to public meetings, zoning ordinance language and process improvement implementation.` Mr.. Haasch . presented details relative- to the draft Comprehensive Plan, highlighting changes to the document since the joint Board of Supervisors -Planning Commission meeting in the fall of 2018, and including the Planning Commission and citizen changes to the Plan, which include demographics and trends; revitalization; environment; Land Use Plan map; specific area plans; transportation; and public facilities. He highlighted potential issues which include new residential development adjacent to existing development, - language of will versus should; Plan versus zoning ordinance; and the East-West Freeway. He noted that the draft Plan was unanimously recommended for approval by the Planning Commission following their public hearing in March 2019. Discussion ensued relative to revised language in the Plan to - encourage affordable housing options throughout, the county, the need. to capture recent reduction in poverty, public facilities and demographics specific to school districts. 19-187 04/24/19 4. REPORTS 4.A. MONTHLY REPORT ON DISTRICT IMPROVEMENT FUNDS The Board accepted 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. CLOSED SESSION PURSUANT TO. SECTION '2.2-3711(A) (8), CODE OF VIRGINIA, 1950, AS AMENDED, FOR CONSULTATION WITH THE ~COUNTY ATTORNEY REQUIRING THE PROVISIONS OF LEGAL ADVICE REGARDING POSSIBLE OPIOID LITIGATION On motion of Mr. Winslow,seconded by Mr. Holland, the Board went into closed session pursuant to Section 2.2-3711(A)(8), Code of Virginia, 1950, as amended, for consultation with the County Attorney requiring the provisions of legal advice regarding possible opioid litigation. Ayes: Haley, Elswick, Jaeckle, Winslow and Holland. Nays: None. Reconvening: On motion of Mr. Holland, seconded by Ms. Haley, the Board adopted the following resolution: WHEREAS, the Board of Supervisors has this day adjourned into Closed Session in accordance with a formal vote of the Board and in accordance with the provisions of the Virginia Freedom of Information Act; and WHEREAS, the Virginia Freedom of Information Act effective July 1, 1989 provides for certification that such Closed Session was conducted in conformity with law. NOW, THEREFORE BE IT RESOLVED, the Board of Supervisors does hereby certify that to the best of each member's knowledge, i) only public business matters lawfully exempted from open meeting requirements under the Freedom of Information Act were discussed in Closed Session to which this certification applies, and ii) only such business matters were identified in the motion by which the Closed Session, was convened were heard, discussed or considered by the Board. No member dissents from this certification. Ms. Jaeckle. Aye. Mr. Holland. Aye. Mr. Winslow. Aye. Mr. Elswick. Aye. Ms. Haley. Aye. 7. RECESS On motion of Mr. Holland, seconded by Ms. Haley, the Board recessed for dinner. Ayes: Haley, Elswick, Jaeckle, Winslow and Holland. Nays: None. 19-188 04/24/19 Reconvening: 8. INVOCATION The Honorable Leslie Haley, Chair, Board of Supervisors, gave the invocation. - 9. PLEDGE OF ALLEGIANCE r Eagle Scout Wade Garrett Bibey led the Pledge of Allegiance to the Flag of the United States of America. 10. COUNTY ADMINISTRATION UPDATE • Dr. Casey announced for the third year, Chesterfield County Government and Chesterfield County Public Schools partnered to recognize Local Government Education Week, April 8-12. He stated 12 Chesterfield County employees visited each middle school to talk about their positions within the county and the path that brought them there. He further stated each speaker customized their presentation; some used trivia questions to engage the students, others offered interactive role playing, and they all shared their personal experience's: Dr. James Worsley, Director of Parks and Recreation, and Mr. Clay Bowles, Director of General Services, provided details of recognitions• their departments. received at.the Annual Environmental Virginia Conference and also recognized their staff and partners who were in attendance. • Dr. Casey was pleased to- report that Chesterfield received very good news last week from the Virginia Department of Environmental Quality (.DEQ) notifying the county it will receive a $4 million grant to support the ongoing rehabilitation of the Falling Creek Reservoir. He -stated the county received the largest award in the state, which is expected to help. -cover roughly 20 percent of the project's cost. • Dr. Casey announced the Department of Social Services held their 3rd Annual Spring Career and Resource Fair at the Meadowdale Library on April 18th. He stated over 800 participants attended the event, who were able to interact with 53 vendors (up from 18 at the first event three years ago). In addition to talking with employers, he stated participants have access to resume workshops, mock interviews, and DMV was onsite to provide ID services. He further stated -job seekers also get the opportunity to explore the library and learn 'about the resources that are available daily to support their employment goals. He recognized Ms. Valerie Dunbar - Brooks from Social Services and Mr. James Hudson from Libraries who were in attendance. Ms. Jaeckle and Mr. Holland commended Ms. Dunbar -Brooks -and Mr. - Hudson for the successful event and community participation. 19-189 04/24/19 • Dr. Casey announced on May 1st, the county will launch Access on Demand, a new transportation option for residents aged 60 and older, disabled, or low income. He stated the Iservice is a same day, door-to-door service and will complement Access Chesterfield, our existing curb -to -curb, ride -share service. He further. stated during the month of April, existing Access customers started using the service as part of a soft launch. He stated there are four service providers participating in the -program, and the co -pay for the ride is $6 - the same as the traditional Access program. He noted full program details, including a list of vendors is located on the county's website. • Finally, Dr.' Casey was' pleased to report that the Greater Richmond Convention Center Authority had a recent surveillance review by S&P and we were informed that the Authority has been upgraded to AA- (up one notch) with a stable outlook. He stated this certainly speaks well to the health of the Authority- and their future, potential borrowing needs and it is a tremendous reflection of the strength of the localities that comprise the Authority. He noted Chesterfield is the fiscal agent for the Authority, and that team led by the county's Accounting Department performed a heavy lift to help facilitate this important upgrade. 11. BOARD MEMBER REPORTS Ms. Haley was saddened to announce the recent passing of Ms. Joan Girone, who served 12 years as Midlothian's representative on the Chesterfield Board of Supervisors, from 1976-1987. Mr. Winslow announced the Clover Hill District would be planting trees in observance of Arbor Day at the LaPrade Library on April 27th at 1:30 p.m.., coordinated by Community Enhancement and Friends of the LaPrade Library. Mr. Holland expressed his appreciation to Ms. Pam Cooper and members of Community Enhancement for their efforts in beautifying the entrance and improving the esthetics of SwimRVA. He also reported he attended a tour of St. Joseph's Villa on April 18th. Ms. Jaeckle expressed her appreciation to Ms. Pam Cooper and members of Community Enhancement for their of -forts in organizing the Bensley Community Cleanup on April 13th. The following item was moved from the Consent Agenda: 13.B.1.d. RECOGNIZING APRIL AS "NATIONAL DONATE LIFE MONTH" IN CHESTERFIELD COUNTY Dr. Casey introduced Ms. Melissa VanSyckle, Living Donor Coordinator,, HCA Healthcare, Ms. Hillary Czarda, Director of Communications, Donate Life America, Ms. Christy Presseau, kidney recipient to -be, and Mrs. Suzanne Casey, kidney donor, who were present for the resolution presentation. 19-190 04/24/19 On motion of Mr. Winslow, seconded by Mr. Holland, the Board adopted the following resolution: WHEREAS, 2018 marked the sixth consecutive record- setting year for transplants in the United States, with 36,500 organs transplanted, an increase of 5 percent over the previous -year; and WHEREAS,- these generous donations help fulfill a need for lifesaving organs that remains staggeringly high; and WHEREAS, currently, there are 114,000 people on the national transplant waiting list, and tragically, 20 people die each day waiting for a needed organ; and WHEREAS, the gap between the availability of organs and people in need of organs can be closed, and just one donor can save up to eight lives through organ donation and enhance up to 50 lives through tissue donation; and WHEREAS, in addition to those in need of organ donations, approximately 17,500 people in America are diagnosed each year with illnesses for which a bone marrow transplant'is their best treatment option,'and unfortunately, many patients cannot find a suitable match in time for the potentially lifesaving medical procedure among the 30 million adults who have offered,to be donors; and WHEREAS, April has been designated nationally as a month to express gratitude to the compassionate' Americans who join organ and tissue registries and to the healthcare and science professionals who make the gift of life possible through these transplants and to remember all those who have died waiting for matches; and WHEREAS, to honor those who have lost their lives and remember their families, and to provide hope for the thousands of Americans on waiting lists across the country, all those who are capable are encouraged to become organ or tissue donors. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes April as "National Donate Life Month" in Chesterfield County and calls upon health professionals, volunteers, faith -based and community groups, and private organizations to help raise awareness of the urgent need of organ and tissue donors throughout the nation. Ayes: Haley, Elswick, Jaeckle, Winslow and Holland. Nays: None. Ms. Haley presented the executed resolutions to Ms. VanSyckle and Ms. Czarda and expressed her appreciation for bringing awareness of the urgent need of donors and for those compassionate individuals who help make it possible. Mrs. Casey sincerely thanked the Board for the special recognition and to Ms. VanSyckle for her unwavering support. 19-191 04/24/19 12. RESOLUTIONS 12.A. RECOGNIZING BOY SCOUTS UPON ATTAINING THE RANK OF EAGLE SCOUT Ms. Pollard recognized Mr. Wade Garrett Bibey and Mr. Timothy Lawrence Willis who were present to receive the.resolution. (It is noted Mr. Robert Hubert Willis was not in attendance.). On motion of Mr. Holland, seconded by Ms. Jaeckle, the Board adopted the following resolution: WHEREAS, the Boy Scouts of America was incorporated by Mr. William D. Boyce on February 8, 1910, and was chartered by Congress in 1916; and WHEREAS, the Boy Scouts of America was founded to build character, provide citizenship training and promote physical fitness; and WHEREAS, after earning at least 21 merit badges in a wide variety of skills including leadership, service and outdoor life, serving in 'a leadership position in a troop, carrying out a service project beneficial to their community, being active in the troop, demonstrating Scout spirit, and living up to the Scout Oath and Law, Mr.. Wade Garrett Bibey, Mr. Robert Hubert Willis and Mr. Timothy Lawrence Willis, all of Troop 2819,'sponsored by St. John's Episcopal Church, have accomplished those high standards of commitment and have reached the long -sought goal of Eagle Scout, which is - received by only four percent of those individualsentering the Scouting movement; and WHEREAS, growing through -their experiences in Scouting, learning the lessons of responsible citizenship, and endeavoring to prepare themselves for a role as leaders in society, Wade, Robert and, Timothy have distinguished themselves as members of a new generation of prepared young citizens of whom we can;all be very proud,. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 24th day of April 2019, publicly recognizes Mr. Wade Garrett Bibey, Mr. Robert Hubert Willis and Mr. Timothy Lawrence Willis, extends congratulations on their attainment of Eagle Scout, and acknowledges the good fortune of the county to have such outstanding young men as its citizens. Ayes: Haley, Elswick, Jaeckle, Winslow and Holland. Nays: None. Ms. Jaeckle and Mr. Holland presented the executed resolutions and patches to Mr. Bibey and Mr. Willis, accompanied by members of their families, congratulated them on their outstanding achievements, and wished them well in future endeavors. Mr. Bibey and Mr. Willis provided details of their Eagle Scout project and expressed appreciation to their parents and others for their support. 19-192 04/24/19 Police Chief Jeff Katz and Fire Chief Loy Senter introduced Mr. Tommy Tucker as the new Director 'of Emergency Communications Center, effective May 4, 2019. Board members congratulated Mr. Tucker and wished him well in future county endeavors. 12.B. RECOGNIZING THE 400TH ANNIVERSARY OF FALLING CREEK Ms. Chris Ruth introduced members of the Falling Creek Ironworks Foundation who were present to receive the resolution. On motion of Mr. Holland, seconded by Mr. Elswick, the Board adopted the following resolution: WHEREAS, the historic Falling Creek Ironworks was established as the first iron furnace in the English New World in- 1619, organized and supported by the Virginia Company of London with the goal of expanding trade, mining the iron ore and establishing the first system of private land ownership; and WHEREAS, the Falling Creek Ironworks -Park and 14:6 acres was established for Chesterfield County in 1995 for historic preservation and associated with this site is Virginia's first wayside park established in 1934 that includes the oldest historic double -arched stone bridge in the county completed in 1826; and WHEREAS, a State of Virginia Historic Easement of eight acres surrounding the immediate site was recorded for the property in 1995 and the Falling Creek Ironworks Foundation was created in 1991; and WHEREAS, a cooperative partnership exists between Chesterfield County Parks and Recreation and the Falling Creek Ironworks Foundation, to manage and protect the site, as well as to promote public education about the historical significance of the site; and WHEREAS, Falling Creek Ironworks is listed on the National Register of Historic Places and the Virginia Landmarks Register, and is recognized as a Chesterfield County Historical Landmark; and WHEREAS, Falling Creek Ironworks is recognized as the first industrial site- and one of the earliest industrial achievements in the 17th century, the beginning of American heavy industry and was designed to smelt iron ore into pig iron, and WHEREAS, the first exploration of the site was organized in 1876 for the Virginia Historical Society, and elements of the iron furnace and artifacts were unearthed from 1925-1950 by Roger Bensley, the property owner at that time; archaeological testing of the site was conducted in 1963 by the Archaeological Society of Virginia; the Virginia Department of Historic Resources conducted on-site evaluations in 1990; the College of William and Mary Center for Archaeological Research, conducted archaeological 19-193 04/24/19 investigations in 1993; and in 2006, the remains of wooden timbers were discovered embedded in the creek bank after Tropical Storm Gaston; and WHEREAS, the property serves as an important symbol and educational tool for telling the history of early industrial achievement in Chesterfield County, the Commonwealth of Virginia and our nation; and WHEREAS, the inaugural Falling Creek Ironworks Day was held in 1996, and the foundation and Parks and Recreation have held public educational events at this site every year since. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 24th day of April 2019, publicly recognizes the 400th Anniversary of Falling Creek Ironworks for its industrial history and its historical and educational significance to Chesterfield County, commends the Falling Creek Ironworks Foundation and the Chesterfield County Department of Parks and Recreation on their commitment to preservation efforts, and expresses best.wishes for future success. AND, BE IT FURTHER RESOLVED that a copy of this resolution be presented to the Falling Creek Ironworks_ Foundations and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Ayes: Haley, Elswick, Jaeckle, Winslow and Holland. Nays: None. Ms. Jaeckle presented the executed resolution to members of the Falling Creek Ironworks Foundation and expressed her appreciation on their commitment to preservation efforts and continued success. Members of the Foundation sincerely thanked the Board for the special recognition and continuous support. 12.C. RECOGNIZING MR. J. CARL MORRIS FOR HIS SERVICE AS A MEMBER OF THE HISTORIC PRESERVATION COMMITTEE Ms. Mary Ellen Howe recognized Mr. J. Carl Morris, ,who was present to receive the resolution. On motion of Mr. Holland, seconded by Ms. Haley, the Board adopted the following resolution: WHEREAS, Mr. J. Carl Morris, a native of Chesterfield County, served as a charter member of the Chesterfield County Preservation Committee since his appointment by the Board of Supervisors on March 11, 1987; and WHEREAS, Mr. Morris was a diligent and contributing member of the Preservation Committee and recommended the local designation of 48 historic sites and structures in Chesterfield County; and WHEREAS, Mr. Morris served as an exceptional architect with many outstanding buildings and churches built in the Commonwealth of Virginia including 34 churches in Chesterfield County; and 19-194, .04/24/19 . WHEREAS, for 32 years, Mr. Morris' advice and help to the 'residents of Chesterfield County regarding the care of their historic residences and properties has been invaluable. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 24th day of April 2019, publicly recognizes Mr. J. Carl Morris and expresses sincere appreciation for his many years of commitment and significant _contributions in the promotion and preservation of the historic fabric of Chesterfield County. AND, BE IT FURTHER RESOLVED that a copy of this resolution be presented to Mr. Morris and that it be permanently recorded among the papers of the Board of Supervisors of Chesterfield County, Virginia. Ayes: Haley, Elswick, Jaeckle, Winslow and Holland. Nays: None. Mr. Holland presented the executed resolution to Mr. Morris, accompanied 'by members of his family, and expressed appreciation for his many years of commitment and significant contributions.in the preservation of many historic properties of the county. Mr. Morris, joined by members of the Historic Preservation Committee, sincerely thanked the Board for the special recognition and kind sentiments. 12.D. RECOGNIZING THE MANCHESTER HIGH SCHOOL VARSITY FOOTBALL TEAM FOR ITS OUTSTANDING REPRESENTATION OF CHESTERFIELD COUNTY Dr. Worsley recognized coaches and a member of the Manchester High School Varsity Football Team, who were present' to receive the resolution. On motion of Mr. Elswick, seconded by Ms. Jaeckle, the Board adopted the following resolution: WHEREAS, participation in high school sports has long been an integral part of Chesterfield County's educational, physical and emotional development for students; and WHEREAS, Mr. Tom Hall, coach of the Manchester Lancers Varsity Football Team completed his 20th year as coach with an overall record of 148 wins and 64 losses; and WHEREAS, under the guidance and direction of Coach Hall and his staff, the 2018 Manchester Lancers finished the regular season with a 10-0 record; and WHEREAS, the Manchester Lancers, won the Dominion District Championship, the Region 6 Division B Championship and were Champions in the AAA Division 6 State Championship; and WHEREAS, the Manchester Lancers football teams have had outstanding success. under Coach Hall's tenure, winning 1 Regional Championship, 6 District Championships and have been to the finals of the Virginia 6 AAA State Championships; and WHEREAS., the citizens of Chesterfield County enjoy and support high school football. 19-195 04/24/19 C NOW, THEREFORE BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 24th day of April 2019, publicly recognizes the 2018 Manchester High School Varsity Football Team for its outstanding ,representation , of Chesterfield County,- commends the team on its commitment to excellence and sportsmanship and expresses best wishes for continued success. AND, BE IT FURTHER RESOLVED that a copy of this resolution be presented to the 2018 Manchester High School Varsity Football Team and that _this resolution be permanently recorded among the papers of, this Board of Supervisors of Chesterfield County, Virginia. Ayes: Haley, Elswick, Jaeckle, Winslow and Holland. Nays: None. Mr. Elswick presented the executed resolution to Mr. Tom Hall, coach of the •Manchester High School Varsity Football Team and congratulated the team on their superior achievements. Coach Hall, Mr. James Bell, junior at Manchester High School, Mr. Sydney Chapel, assistant coach, and Mr. Jason Harrell, assistant coach, expressed their appreciation to the Board for the special recognition. Coach Hall stated he was extremely proud of the team's success. 13. NEW BUSINESS 13.A. APPOINTMENTS-^ 13.A.1. CAMP BAKER MANAGEMENT BOARD On motion of Ms. Jaeckle, 'seconded by Mr. Winslow, the Board nominated/reappointed Mr. Dabney . Short, Bermuda representative, and Mr. Vincent Burgess, Clover Hill representative, to serve on the Camp Baker Management Board, whose terms are effective May 1, 2019 and will expire April 30, 2022. Ayes: Haley, Elswick, Jaeckle, Winslow and Holland. Nays: None. 13.B. CONSENT ITEMS 13.B.1. ADOPTION OF RESOLUTIONS 13.B.1.a. RECOGNIZING FIREFIGHTER RONALD C. O'SHIELDS, JR., FIRE AND EMERGENCY MEDICAL SERVICES DEPARTMENT, UPON HIS RETIREMENT i On motion of Ms. Jaeckle', seconded by Mr. Holland, the Board adopted the following resolution: WHEREAS, Firefighter Ronald C. O'Shields, Jr, is retiring from the Chesterfield Fire and "Emergency Medical Service Department, Chesterfield County, on May 1, 2019; and 19-196 04/24/19 WHEREAS, citizens of firefighter; Firefighter Chesterfield and O'Shields faithfully served the County for nearly 30 years as a WHEREAS, Firefighter O'Shields began his career with Chesterfield County on June 26, 1989, as a member of Recruit School #21, and served as a firefighter in various assignments at the Clover Hill, Buford, Dale, Dutch Gap, Swift Creek, Fire Station .#24 at Manchester Rescue Squad, and Matoaca Fire'and EMS Stations; and WHEREAS, Firefighter O'Shields received a Unit Citation for assisting with the rescue of a victim from a burning, building in March 2000; and WHEREAS, Firefighter O'Shields received a Unit Citation for assisting with the rescue of a person involved in a tree trimming accident in June 2002; and WHEREAS, Firefighter O'Shields received a Unit Citation for his actions at a motor vehicle accident involving an overturned vehicle with three -trapped victims in February 2006; and WHEREAS, Firefighter O'Shields received a Unit Citation for his actions at a motor vehicle accident with a patient trapped underneath the vehicle in October 2007. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of- Supervisors recognizes the contributions of Firefighter Ronald C. O'Shields, Jr., expresses the. appreciation of all citizens for his service to the county, and extends their appreciation. for his dedicated service and their congratulations upon his retirement. Ayes: Haley, Elswick, Jaeckle, Winslow and Holland. Nays: None. 13.B.1.b. RECOGNIZING MR. CHARLES PETER MOOZ UPON ATTAINING THE RANK OF EAGLE SCOUT On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board adopted the following resolution: WHEREAS, the.Boy Scouts of America was incorporated by Mr. William D. Boyce on February 8, 1910, and was chartered by Congress in 1916; and WHEREAS, the Boy Scouts of America was founded to build character, provide citizenship training and promote physical fitness; and WHEREAS, after earning at least 21 merit badges in a wide variety of skills including leadership, service and outdoor life, serving in a leadership position in a troop, carrying out a service project beneficial to his community, being active in the troop, demonstrating Scout spirit, and living up to the Scout Oath and Law, Mr. Charles Peter Mooz, Troop 897, sponsored by the Mt. Pisgah United Methodist Church, has accomplished those high standards of commi-tment and has reached the long -sought goal of Eagle Scout, which is received by only four percent of those individuals entering the Scouting movement; and 19-197 04/24/19 WHEREAS, growing through his experiences in Scouting, learning the lessons of responsible citizenship, and endeavoring to prepare himself for, a role as a leader in society, Charlie has distinguished himself as a member of a new generation of prepared young citizens of whom we can all be very proud. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes Mr. Charles Peter Mooz, extends congratulations on his attainment of Eagle Scout, and acknowledges the good fortune of the county to have such an outstanding young man as its citizen. Ayes: Haley, Elswick, Jaeckle, Winslow and Holland. Nays: None. 13.B.1.c. RECOGNIZING THE FIRST FULL WEEK OF MAY AS "PUBLIC SERVICE RECOGNITION WEEK" IN CHESTERFIELD_ COUNTY On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board adopted the following resolution: WHEREAS, during Public Service Recognition Week, May 5- 11, 2019, Chesterfield County acknowledges our nation's civil servants, at the local, state and national level, for their hard work and willingness to serve their fellow citizens; and WHEREAS, the contributions of these dedicated men and women strengthen our country and make a profound difference in the lives of all Americans; and WHEREAS, '.the members of our federal, state and local workforces bring incredible skills, tireless. dedication and selfless service to a broad range of career fields, including. teachers, first responders, mental health and social workers, librarians, engineers, accountants, utility workers, computer technology technicians, planners, attorneys, judges, administrative support and countless other occupations; and WHEREAS, every day, our Chesterfield County employees provide the diverse services needed by our residents with integrity and efficiency, and they are the foundation for all the operations of our local government; and WHEREAS, all government employees are duty-bound to the American people to operate at the highest levels of capability and competency, and to devote their efforts to executing their missions so that our federal, state and local governments become more efficient and more productive for the benefit of all citizens; and WHEREAS, because our civil servants help make America better, safer and stronger, during this week, we honor their efforts and extend our gratitude for their exceptionalism and steadfast commitment to serving the American people. NOW, THEREFORE, BE IT County Board of Supervisors, behalf of the citizens of recognizes Chesterfield Coun federal public servants, for the quality of life for all and expresses their apprec being such excellent'example: RESOLVED that the Chesterfield this 24th day of April 2019, on Chesterfield County, publicly :y employees, and all state and the work that they do to enhance Tho live in Chesterfield County, .ation and congratulations for of the accomplishments that can 19-198 04/24/19 J be made by those people who dedicate their lives to public .service and the benefit of others. AND, BE IT FURTHER RESOLVED that the Board of Supervisors hereby proclaims the first full week of May as "Public Service Recognition Week," and calls upon Americans and all federal, state and local government agencies to recognize the dedication of our nation's public servants and to observe this week through appropriate programs and activities. Ayes: Haley, Elswick, Jaeckle, Winslow and Holland. Nays: None. 13.B.2.' SET DATES FOR PUBLIC HEARINGS t 13.B.2.a. TO CONSIDER THE FY2020-FY2025 SECONDARY ROAD SIX- YEAR IMPROVEMENT PLAN AND FY2020 SECONDARY ROAD IMPROVEMENT BUDGET On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board set May 22, 2019, as the date to hold a ,public hearing to consider the FY2020-FY2025 Secondary Road Six -Year Improvement Plan and FY2020 Secondary Road Improvement Budget. Ayes: Haley, Elswick, Jaeckle, Winslow and Holland. Nays: None. 13.B.2.b. TO CONSIDER THE DRAFT COUNTYWIDE COMPREHENSIVE PLAN On motion of Ms. Jaeckle, seconded by Mr. Holland., the Board set May 22, 2019, as the date to hold a public hearing to consider the Draft Countywide Comprehensive -Plan. .Ayes: Haley, Elswick, Jaeckle, Winslow and Holland. Nays: None._ 13.B.2.c. TO CONSIDER AMENDING SECTIONS 19.1-52, 19.1-53 AND 19.15-570 OF THE COUNTY CODE RELATING TO SOLAR ENERGY On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board set May 22, 2019, as the date to hold a public hearing to _ consider amending Sections 19.1-52, 19.1-53 and 19.15-570 of the County Code relating to solar energy. Ayes: Haley, Elswick, Jaeckle, Winslow and Holland. Nays: None. 13.B.3. INITIATION OF APPLICATION FOR A REZONING, CONDITIONAL USE AND CONDITIONAL USE PLANNED DEVELOPMENT TO PERMIT AN ANIMAL ADOPTION CENTER, PUBLIC LIBRARY EXPANSION AND NEIGHBORHOOD PARK PLUS ORDINANCE EXCEPTIONS ON HULL STREET ROAD On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board initiated.an application for a rezoning from Agricultural (A) to Agricultural (A) with Conditional Use to permit an Animal Adoption Center, expansion of the LaPrade Library, and a Neighborhood Park, plus a Conditional Use Planned Development 19-199 04/24/19 for ordinance exceptions on 27 acres, identified as Tax IDs 754-689-7967 and 755'-689-5072; appointed Jasna Elswick, Division Chief for Capital Projects and Programs, as the agent for the Board; and waived disclosure requirements. Ayes: Haley, Elswick, Jaeckle, Winslow and Holland. Nays: None. 13.B.4. ACCEPTANCE OF STATE ROADS -On motion of 'Ms. Jaeckle, seconded by Mr. Holland, the Board adopted the following resolution: WHEREAS, the streets described below are shown on a plat recorded in the Clerk's Office of the Circuit Court of Chesterfield County; and WHEREAS, the Resident Engineer for -the Virginia Department of 'Transportation- has advised this Board the streets meet the requirements 'established. by the Subdivision Street Requirements of the Virginia Department of Transportation. NOW, THEREFORE, BE.IT RESOLVED, that this Board requests the Virginia Department of Transportation- to add the streets described below to the secondary system of state highways, pursuant to Section 33.2-705, Code of Virginia, and the Department's Subdivision Street Requirements. AND, BE IT FURTHER RESOLVED, that this Board guarantees a clear and unrestricted right. -of -way, as described, and any necessary easements for cuts, fills and drainage. AND, BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. Project/Subdivision: Jessup Meadows Section E Type Change to the Secondary System miles of State Highways: Addition Reason for Change: New Subdivision Street Pursuant to Code of Virginia Statute: §33.2-705 Street Name and/or Route Number • Zion Ridge Drive, State Route Number 5276 From:- 0.01 miles west of Zion Ridge Court, (Route 5277) To: Bison Ford Drive, (Route 8068), a distance of: 0.04. miles. Recordation Reference: Plat Book 252, Page 64 Right of Way width (feet) = 50 • Jessup Meadows Drive, State Route Number 3928 From: Bison Ford Drive, (Route 8068) To: 0.01 miles west to the end of maintenance, a distance of: 0.01 miles. Recordation Reference: Plat Book 252, Page 64 Right of Way width (feet) = 40 • Damon Drive, State Route Number 7170 From: Bison Ford Drive, (Route 8068) To: 0.18 miles south of Lavelle Road, (Route 7171), a distance -of: 0.11 miles. Recordation Reference: Plat Book 252, Page,64 — Right of Way width (feet) = 50 19-200 04/24/19 • Bison Ford Drive, State Route Number 8068 From: Jessup Meadows Drive, (Route 3928) To: 0.01 miles south of Jessup Meadows Drive, (Route 3928), a distance of: 0.01 miles. Recordation Reference: Plat Book 252, Page 64 Right of Way width (feet) = 40 • Bison Ford Drive, State Route Number 8068 From: Zion Ridge Drive, (Route 5275) To: Jessup Meadows Drive,'(Route 3928); a distance of: 0.16 miles. Recordation Reference: Plat Book 252, Page 64 Right of Way width (feet) = 40 • Jessup Meadows Drive, State Route Number 3928 From: Bison Ford Drive, (Route 8068) To: 0.04 miles to extended Jessup Meadows Drive, (Route 3928), a distance of: 0.04 miles. Recordation Reference: Plat Book 252, Page 64 Right of Way width (feet) = 40 And, further, the Board adopted the following resolution: WHEREAS, the streets described below are shown on .& plat recorded in the Clerk's Office of the Circuit Court of Chesterfield County; and WHEREAS, the Resident Engineer for the Virginia Department of -Transportation has advised this Board the streets meet the requirements established by the Subdivision Street Requirements of the Virginia Department -,of Transportation. NOW, THEREFORE, BE IT RESOLVED, that this Board requests the Virginia Department of Transportation to. add the streets described below to the secondary system of state highways, pursuant to Section 33.2-705, Code of Virginia, and the Department's Subdivision Street Requirements. AND, BE IT FURTHER RESOLVED, that this _Board guarantees a clear and unrestricted right-of-way,, as described, and any necessary easements for cuts, fill.sand 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: Oakdale Section.3 Type Change to the.Secondary System miles of State Highways: AAA4 +-; ^r Reason for Change: New Subdivision Street Pursuant to Code of Virginia Statute: §33.2-705 Street Name-and/pr Route Number • Clovis Street, State Route Number 1496 From: Carswell Street (.Route 1623) To: The temporary Cul -de -Sac, a distance of: 0.09 miles. Recordation Reference: Plat Book 252, Page 17� Right of Way width (feet) = 50 • Carswell Street, State Route Number 1623 From: Clovis Street (Route 1496). To: 0.03.miles north of Margo�Lane (Route 7980),, a distance of: 0.08 miles. Recordation Reference: Plat Book 252, Page 17 Right of Way width (feet) = 40 19-201 04/24/19 • Carswell Street, State Route Number 1623 From: 0.03 miles south of Troydale Road (Route 1661) To: Clovis Street (Route 1496), a distance of: 0.10 miles. Recordation Reference: Plat Book 252, Page 17 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 Section 33.2-705, Code of Virginia, and the Department's Subdivision Street Requirements. AND, BE IT FURTHER RESOLVED, that this Board guarantees a clear and unrestricted right-of-way, as described, and any necessary easements for cuts, fills and drainage. AND, BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. Project/Subdivision: Wexley Section 2B at Foxcreek Type Change to the Secondary System miles of State Highways: Addition Reason for Change: New Subdivision Street Pursuant to Code of Virginia Statute: 933.2-705 Street Name and/or Route Number • Rosebrier Terrace, State Route Number 8070 From: Buglers Trail Lane (Route 7517) To: The cul-de-sac, a distance of: 0.04 miles. Recordation Reference: Plat Book 229, Page 1 Right of Way width (feet) = 44 • Rosebrier Terrace, State Route Number 8070 From: Buglers Trail Lane (Route 7517) To: The cul-de-sac, a distance of: 0.03 miles. Recordation Reference: Plat Book 229, Page 1 Right of Way width (feet) = 44 • Buglers Trail Lane, State Route Number 7517 From: 0.03 miles south of Firefly Circle (Route 7872) To: Rosebrier Terrace (Route 8070), a distance of: 0.08 miles. Recordation Reference: Plat Book 229, Page 1 Right of Way width (feet) = 44 Ayes:. Haley, Elswick, Jaeckle, Winslow and Holland. Nays: None. 19-202 04/24/19 13.B.5. AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT, APPROVE CHANGE ORDERS AND APPROPRIATE FUNDS FOR THE TREDEGAR LAKE PARKWAY EXTENSION ECONOMIC DEVELOPMENT ACCESS PROJECT On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board appropriated $300,000 in anticipated and potential developer contributions; authorized -the Procurement Director to award a construction contract up to $850,000 to the lowest responsive and responsible bidder, and to execute all necessary change orders, up to the full amount budgeted, for the Tredegar Lake Parkway Extension 'Economic Development. Access Project. Ayes: Haley, Elswick, Jaeckle, Winslow and Holland. Nays: None. 13.B.6. APPROVAL OF SEWER CONTRACT WITH REFUNDS FOR REEDY SPRINGS SECTION A On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board approved the sewer contract with refunds for Reedy Springs Section A, Contract Number 07-0195, and authorized the County Administrator to execute any necessary documents-. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Haley, Elswick, Jaeckle, Winslow and Holland. Nays: None. 13.B.7. REQUEST FOR PERMISSION FROM A_& A PAVING, LLC TO INSTALL A PRIVATE SEWER SERVICE WITHIN A PRIVATE EASEMENT TO SERVE PROPERTY ON OLD STAGE ROAD On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board granted A and A Paving, LLC permission to install- a private sewer service within a private easement to serve property at 11311 Old Stage Road, and authorized the County Administrator to execute a sewer connection agreement. (It is noted a_ copy of the plat is filed with the papers of this Board.) Ayes: Haley, Elswick, Jaeckle, Winslow and Holland. Nays: None. 13.B.8. ACCEPTANCE OF PARCELS OF LAND 13.B.8.a. ALONG ROBIOUS ROAD FROM AIDA SERRANO-ZIADEH On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board accepted the conveyance of three parcels of land containing a total of 0.100 acres along Robious Road from Aida Serrano- Ziadeh and authorized the County Administrator to execute the deed. (It is noted a copy of the plat .is filed with the papers of this Board.) Ayes: Haley, Elswick, Jaeckle, Winslow and Holland. Nays: None. 19-203 04/24/19 13.B.8.b. ADJACENT TO DEERHILL ROAD FROM MACH 39, LLC On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board accepted the conveyance of a parcel of land containing 0.151 acres adjacent to Deerhill Road from Mach 39, LLC and authorized the County Administrator to execute the deed. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Haley, Elswick, Jaeckle, Winslow and Holland. Nays: None. 13.B.8.c. ALONG HULL STREET -ROAD FROM GO STORE IT CLOVER, LLC AND VCP RICHMOND STORAGE, LLC On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board accepted the conveyance of a parcel bf land containing 0.171 acres along Hull Street Road from Go Store It Clover; LLC and VCP Richmond Storage, LLC and authorized the County Administrator to execute the deed. (It is noted_ a copy of the plat is filed with the papers of this Board.) Ayes: Haley, Elswick, Jaeckle, Winslow and Holland. Nays: None. 13.B.8.d. ALONG TREDEGAR LAKE PARKWAY FROM FT PROPERTY, LLC On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board accepted the conveyance of a parcel of land containing 0.002 acres along Tredegar Lake Parkway from FT Property, LLC and authorized the County Administrator to execute .the deed. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Haley, Elswick, Jaeckle, Winslow and Holland Nays: None. 13.B.9. RENEWAL OF LEASE WITH CHESTERFIELD BAPTIST CHURCH FOR SENIOR CITIZEN PROGRAMS On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board authorized the County Administrator to execute a lease agreement with Chesterfield Baptist Church to provide senior citizen programs. Ayes: Haley, Elswick, Jaeckle, Winslow and Holland. Nays: None. 13.B.10. EXTENSION OF LEASE FOR THE TEMPORARY HULL STREET ROAD POLICE STATION On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board authorized the County Administrator to execute a lease amendment with SugarOak Woodlake, LLC, for 1500 square feet of office space at 6812 Woodlake Commons Loop for the temporary Hull Street Road Police Station. Ayes: Haley, Elswick, Jaeckle, Winslow and Holland. Nays: None. 19-204 04/24/19 13.B.11. TO QUITCLAIM A TWENTY -FOOT DRAINAGE EASEMENT (PUBLIC) AND A PORTION OF A SIXTEEN -FOOT SEWER EASEMENT ACROSS THE PROPERTY OF RIVINGTON ASSOCIATES, LLC On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute a quitclaim deed to vacate a 20 -foot drainage easement (public) and a portion of a 16 -foot sewer easement across the property of Rivington Associates, LLC. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Haley, Elswick, Jaeckle, Winslow and Holland.. Nays: None. 13.B.12., AWARD OF THE PROJECT MANAGEMENT SERVICES' CONTRACT FOR THE UTILITIES' ADVANCED METERING INFRASTRUCTURE PROJECT On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board authorized the Procurement Director to award the advanced metering infrastructure project management services' contract to Excergy Corporation in the amount of $1,034,000 and execute necessary documents. Ayes: Haley, Elswick, Jaeckle, Winslow and Holland. Nays: None: 13.B.13..—AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT AND CHANGE ORDERS FOR THE OLD BERMUDA HUNDRED ROAD (OLD STAGE ROAD TO ROUTE 10) RECONSTRUCTION PROJECT On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board authorized the Procurement Director to award a construction contract to Branscome, Inc. in the amount of $5.,484,908.86; and execute all necessary change orders, up to the full amount budgeted, for the Old Bermuda Hundred Road (Old Stage Road to Route 10) Reconstruction Project. Ayes: Haley, Elswick, Jaeckle, Winslow and Holland. Nays: None. 13.C. ESTABLISHMENT OF COMPENSATION FOR THE 2020-2023 BOARD OF SUPERVISORS Mr. Jeff Mincks stated Section. 15.2-1414.2 of the Code of Virginia requires the Board to establish, prior to July 1, 2019, the salaries and Chair and Vice -Chair supplements for' the 2020-2023 Board of Supervisors. He further stated once the salary and supplements are set, they may not be increased during the term of the next Board of Supervisors. On motion of Ms. Jaeckle, seconded by Mr. Elswick, the Board established compensation for the members of the 2020-2023 Board of Supervisors, as follows: 1) Base salary of $38,118 ($37,000 current base salary plus 3 percent salary increase beginning in 2020, with increases in the future at the same percentage as county employee pay increases, up to a base salary maximum cap of $41,563; and 2) Chair and Vice -Chair supplements of $5,000 and $2,500 respectively per year; .and 3) an annual $1,000 cell phone stipend (in lieu of a county - owned cell phone) and a $1,500 mileage stipend. Ayes: Haley, Elswick, Jaeckle, Winslow and Holland. Nays: None. 19-205 04/24/19 14. FIFTEEN -MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED MATTERS Mr. Brent Kemp, representing the United States Guard Auxiliary, Flotilla 31, addressed the Board regarding the importance of "Safe Boating Week." Ms. Jane Harris, representing the Chesterfield Alumnae Chapter of the Delta Sigma Theta Sorority, addressed the Board relative to the chapter and its many accomplishments. Board members commended the efforts of the,organization. 15. DEFERRED ITEMS There were no Deferred Items at this time. 16. REQUESTS FOR MANUFACTURED HOME PERMITS AND'REZONING PLACED ON THE CONSENT AGENDA TO BE HEARD IN THE FOLLOWING ORDER: - WITHDRAWALS/DEFERRALS - CASES WHERE THE APPLICANT ACCEPTS;THE RECOMMENDATION AND THERE IS NO OPPOSITION - CASES WHERE THE APPLICANT DOES NOT ACCEPT THE RECOMMENDATION AND/OR THERE IS PUBLIC OPPOSITION WILL BE HEARD AT SECTION 18 In Matoaca Magisterial District, Ashlake Villas LLC, (project commonly known as The Villas at Ashlake) requests amendment of zoning approval (Case 16SN0558) relative to foundation treatment and fencing requirements and amendment of zoning district map in Multifamily Residential (R -MF) District on 16.6 acres located in the southeast quadrant of Ashlake and Ashbrook Parkways, also fronting 60 feet on the west line of ,Bethia Road, 995 feet southwest of Winterpock Road. Density will be controlled by zoning conditions or ordinance standards. The Comprehensive Plan suggests the property is appropriate for Suburban Residential I use (maximum of 2.0 dwellings per acre). Tax IDs 720-668 Part of 8155 and 720- 669 Part of 8248. Mr. Andy Gillies presented a summary of Case 18SNO794 and stated both the Planning Commission and staff recommended approval and acceptance of the proffered conditions. Mr. Mitchell Bode accepted the recommendation. In response to Mr. Winslow's question, Mr. Bode stated the epoxy -like coating protects the installation on the exterior, of the foundation. Ms. Haley called for public comment. There being no one to speak to the issue, the public hearing was closed. Mr. Elswick expressed appreciation to his Planning Commissioner, Mr. Craig Stariha, for his efforts relative to the case. Mr. Elswick then made a motion, seconded by Mr. Holland, for the Board to approve Case 18SNO794 and, accept the following proffered conditions: 19-206 04/24/19 The property owners and applicants in this case, pursuant to Section 15.2-2298 of the Code of Virginia (1950 as amended) and the Zoning Ordinance of Chesterfield County, for themselves and their successors or assigns, proffer that.the property under consideration will be developed according _to the following proffers if, and only if, the request submitted herewith is granted with only those conditions agreed to by the owners and applicant. In the event this request is denied or approved with conditions not agreed to by the owners and applicants, the proffers shall be null and void and of no further force or effect. The Applicant hereby amends Proffered Condition 14 of Case 16SN0558 to read as follows: 1. Foundation Treatment. a. All exposed portions of the foundation, with the exception of exposed piers supporting front porches shall be faced with brick or stone veneer or two (211) R-10 perimeter styrofoam minimum -twenty-four inch (24") insulation with a protective white aluminum flashing where visible to a point of six inches (611) above grade. Solid PVC trim board shall be installed under patio door threshold. I'f R-10 styrofoam insulation with a protective aluminum flashing is used, the applicant, or any successor in interest, shall warrant the performance of the foundation treatment materials used and labor for a minimum of 10 years- from the date of recordation of each phase of the condominium. b. _Within three (3) months of the approval of this request, the applicant shall complete all work necessary to correct the 'foundation treatments of the following buildings in accordance with l.a. above and as referenced on Exhibit C-1: Buildings 1, 2, 3, 9, 10, 11, 12, 13, 14, 15, 16, 17., 18, 19, 20, 21 and the clubhouse. (P and BI) The Applicant hereby amends Proffered Condition 21 of Case 16SN0558 to read as follows: 2. Fencing. A decorative "wrought iron -style" fence shall be provided along the Ashlake Parkway and Ashbrook Parkway frontages of the Property. The fencing provided and maintained along the property lines adjacent to Cloverhill Estates subdivision from Ashbrook Parkway to the southwest corner of TAX ID 721-668-1879 shall be in substantial conformance with Exhibit C-1. The fencing provided and maintained between buildings 7, 8, 9 and 10 shall be in substantial conformance with Exhibit C-2. All fencing shall be maintained by the .Condominium Association. (P) Ayes: Haley, Elswick, Jaeckle, Winslow and Holland. Nays: None. 19-207 04/24/19 19SN0582 In Bermuda Magisterial District, Gurpreet Kaur and Babita Rani request conditional use to permit a family day care home and amendment of zoning district map in a Residential (R-12) District on 0.5 acre known as 6731 Arbor Meadows Drive. Density will be controlled by zoning conditions or ordinance standards.` -The Comprehensive Plan suggests the property is appropriate for Suburban Residential II use (2.0 to 4.0 dwellings per acre). Tax ID 776-658-7620. Mr. Andy Gillies presented a summary of Case 19SN0582 and stated both the Planning Commission and staff recommended approval and acceptance of the proffered conditions. Ms.. Jaeckle recommended amending condition 5 to include a maximum of one employee permitted to work- on the premises other than a family member employee who lives on the premises. Mr. Mincks- clarified that the action would be to accept proffered conditions 1-4 and 6 and impose a condition to permit one employee who is not a family member or does not live on the premises. Ms. Gurpreet Kaur accepted the conditions, as amended. Discussion ensued relative to the conditions. Ms. Haley called for public comment. There being no one to speak to the issue, the public hearing was closed. On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board approved Case 19SN0582, subject to the following condition: Employees: A maximum of one (1) employee shall be permitted to work on the premises other than family member employees that live on the premises. (P) And, further, the Board accepted the following proffered conditions: Ayes Nays 1. Non -Transferable Ownership: This conditional use approval shall be granted to and for Babita Rani and Gurpreet Kaur, exclusively, and shall not be transferable nor -run with the land. (P) 2. Expansion of Use: There shall be no exterior additions or alterations to the existing structure to accommodate this use. (P) 3. Signage: There shall be no signs permitted to identify this use. (P) 4. Number of Children: This conditional use approval shall be limited to providing care, protection and guidance to a maximum of twelve (12) children, other than the applicant's own children or any children that live in the home, at any one time. (P) 5. Not accepted. 6. Hours of operation: The family day care home shall be permitted to operate between the hours of 5:00 am to 11:30 pm daily. (P) Haley, Elswick, Jaeckle, Winslow and Holland. None. 19-208 04/24/19 19SNO584 In Bermuda 'Magisterial District, Gina Galeas requests conditional use to permit a family day care home and amendment of zoning district map in a Residential (R-7) District on 0.5 acre known as 2954 Brentwood Circle. Density will be controlled by zoning conditions or ordinance standards. The Comprehensive Plan suggests the property is appropriate for Suburban Residential II use (2.0 to 4.0 dwellings per acre). .Tax ID 788-683-5627. Mr. Andy Gillies presented a summary of Case 19SNO584 and stated both the Planning Commission and staff recommended approval, subject to the conditions. He noted Ms. Jaeckle's recommendation to amend condition 7 to include a maximum of one employee permitted to work on the premises other than a family member employee who lives on the premises. Ms. Gina Galeas accepted the conditions, as amended. Ms. Haley called for public comment. There being no one to speak to the issue, the public hearing was closed. On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board approved Case 19SNO584 and acceptance of the following amended proffered conditions,,to include a maximum of one.(1) employee permitted to work on 'the premises other than' a family member employee who lives on the premises: 1. Non -Transferable Ownership: This conditional use approval shall be granted to and for Gina Theodora Galeas, exclusively, and shall not be transferable, nor run with the land. (P) 2. Expansion of Use: There shall be no exterior additions or alterations to the existing structure to accommodate this use. (P) 3. Signage: There shall be no signs permitted to ,identify this use. (P) 4. Number of Children: This conditional use approval shall be limited to, providing care, protection and guidance to a maximum of twelve (12) children, other than the applicant's own children or any children that reside in the home, at any one time. (P) 5. Hours of Operation: Hours and days of operation shall be' -limited to Monday through Friday from 6:00 a.m. to 6:00 p.m. There shall be' no operation of this use on Saturday or Sunday. (P) 6. Fenced Outdoor Play Areas: Any outdoor play area and/or recreational equipment utilized by the family day-care home shall be located in the side or rear yard, of the property. Outdoor play and/or recreational equipment areas shall have perimeter fencing of at least four feet in height, installed and maintained around the equipment and/or play area. All equipment for outdoor play areas shall be located no closer than fifteen (15) feet from .the side or.rear property lines. (P) 19-209 04/24/19 7. Employees: A maximum of one (1) employee shall be permitted to work on the premises other than family member employees that live on the premises. (P) Ayes: Haley, Elswick, Jaeckle, Winslow and Holland. Nays: None. ii[!L-MMUL k] In Matoaca Magisterial District, David Stolberg (project commonly known as Texas Roadhouse) requests conditional use planned development. to permit exceptions to Ordinance requirements related to signage (flags above the roofline) and amendment of the zoning district map in a Community Business (C-3) District on 2.4 acres known. as 13439 Hull Street Road. Density will be controlled by zoning conditions or ordinance standards. The Comprehensive Plan suggests the property is appropriate for Corporate Office use. Tax ID 731- 674 Part of 2477. Mr. Andy Gillies presented a summary of Case 19SN0589 and stated both the Planning Commission and staff recommended approval, subject to the conditions. He noted the applicant has provided staff with a letter indicating their approval of the conditions. Discussion ensued relative to the content of the proposed flags. Ms. Haley called for public comment. There being no one to speak to the issue, the public hearing was closed. On motion of Mr. Elswick, seconded by Mr. Winslow, the Board approved Case 19SN0589, subject to the following conditions: 1. Non -Transferable Ownership. The flags shall only be permitted accessory to the business (Texas Roadhouse) of which David Stolberg, the applicant, is a majority owner. (P) 2. Location and Design. The flags and their poles shall be located on the property as depicted in Exhibit A, and shall have a design generally consistent with the rendering in Exhibit B. (P) 3. Flag Display. Display shall be limited to two (2) non-commercial flags not to exceed 45 square feet of area per flag. ( P) Ayes: Haley, Elswick,'Jaeckle, Winslow .and Holland. Nays: None. 19SN0590 In Bermuda; Magisterial District, Evan Foster (project commonly known as Chick-fil-A) requests conditional use planned development to permit exceptions to setbacks and amendment of zoning district map in a Neighborhood Business (C-2) District on 2.1 acres known as 2900 West Hundred Road. Density will be controlled by zoning conditions or ordinance 19-210 04/24/19 standards. The Comprehensive Plan suggests the property is appropriate for Community Mixed Use. Tax ID 797-655-3409. Mr. Andy Gillies presented a summary of Case 19SNO-590 and stated both the Planning Commission and staff recommended approval, subject to the condition. Mr. John Wright, representing the applicant, accepted the condition. Ms. Haley called for public comment. There being no one to speak to the issue, the public hearing was closed. On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board approved Case 19SNO590, subject to the following condition: With the approval of this request an 11 -foot exception to the 50 -foot parking setback from West Hundred Road shall be granted with the installation -of Perimeter Landscaping C, in the area identified for- such landscaping on the Conceptual Plan dated December 12; 2018. Such landscaping shall be installed in conjunction with development of the dual drive-thru, or as approved by the Planning Department during plans review. (P) Ayes.: Haley, Elswick, Jaeckle, Winslow and Holland. Nays: None. 19SN0591 In Bermuda Magisterial District, David Wayne Cridlin requests conditional use to permit a business (welding) incidental to a dwelling and an amendment of zoning district map in an Agricultural (A) District on 1.9 acre known as 2408 Point of Rocks Road. Density will be controlled by zoning conditions or ordinance standards. The Comprehensive Plan suggests the property is appropriate for Community Mixed -Use. Tax ID 827- 641-8588. Mr. Andy Gillies presented a summary of Case 19SN0591 and stated both the Planning Commission and staff recommended approval, subject to the conditions. He noted Ms. Jaeckle's rec'ommendation to amend the conditions to include a maximum of one (1) employee permitted, other than family members that live on the premises. Mr. David Cridlin accepted the conditions, as amended. - Ms. Haley called for public comment. There being no one to speak to the issue, the public hearing was closed. On motion of Ms. Jaeckle, seconded by Mr. Winslow,, the Board approved Case 19SN0591, subject to the following amended conditions to include a maximum of (1) employee permitted, other than family members that live on the premises: 1. 'Non-transferrable ownership: This conditional use approval shall be granted exclusively to David I 19-211 04/24/19 Wayne Cridlin, and shall not be transferrable nor run with the land. (P) 2. Use: This conditional use approval shall be limited to the operation of a welding business, incidental to a dwelling. (P) 3. Hours of Operation: Operation of the business shall be limited to Monday through Saturday from 8:00 a.m. to 9:00 P.M. There shall be no Sunday operation. (P) 4. Expansion of Use: No new building construction shall be permitted to accommodate this use. The use shall be confined to the accessory structures and area designated on Exhibit A. (P) S. Employees: Other than family members that live on the premises, 'a maximum of one (1) employee shall be permitted. No more than two (2) clients shall be permitted on the property at any one time. (P) 6. Signage: There shall be no signs identifying the use. (P) 7. Vehicle Equipment and Parking: All vehicles and equipment in association with this use shall be parked in the area specified on Exhibit A. No other outside storage shall be permitted outside of this area. A six (6) foot metal panel fence shall be maintained to screen the western boundary of the parking area for vehicles and equipment as shown on Exhibit A. (P) Ayes: Haley, Elswick, Jaeckle, Winslow and Holland. Nays: None. 19SN0577 In Clover Hill Magisterial District, Jeff Davis requests amendment of zoning approval (Case 84SN0111).to permit a tow lot and amendment of zoning district map in a Light Industrial (I-1) District on a 3.3 acre portion of 54.3 acre tract fronting 55 feet on the western terminus of Deerhill Court and 105 feet on the eastern terminus of Deertree Place, 250 feet south of Deerhill Road. Density will be controlled by zoning conditions or ordinance standards. The Comprehensive Plan suggests the property is appropriate for Industrial uses. Tax ID 738-686-0524. Mr. Andy Gillies presented a summary of Case 19SN0577 and stated both the Planning Commission and staff recommended approval and acceptance of the proffered conditions. Mr. William Shewmake, representing the applicant, accepted the recommendation. Ms. Haley called for public comment. There being no one to speak to the issue, the public hearing was closed. 19-212 04/24/19 On motion of Mr. Winslow, seconded by Mr. Elswick, the Board approved Case 19SN0577 and accepted the following, proffered conditions: The applicant hereby proffers the following, amending - Proffered Condition 3 of Case 84SN0111: In addition to those uses permit by Proffered Condition 3 of Case- 84SN0111, a tow lot, to include automobiles, motor vehicles- and tractor trailers, shall be permitted subject to the following restrictions: 1. a,maximum of one facility shall be permitted; 2. use shall be limited to a maximum of 3.3 acres, located on the property as generally depicted on the plan titled "Mach 39 - Tow Lot Overall Plan" prepared by Balzer and Associates; and 3. use shall be screened from view of Deerhill Road in accordance with Ordinance requirements. (P) (Staff Note:_ This proffered condition amends Condition 3 for the request property only. Except as amended herein, all previous conditions of Case 84SN0111 shall remain in effect.) Ayes: Haley, Elswick, Jaeckle, Winslow and Holland. Nays: None. II 19SN0571 In Clover Hill Magisterial District, GEM Capital, LLC and Bethany Place Baptist Church, (project commonly known as Bethany Creek) request rezoning from Agricultural (A) to Residential (R-12) on a 24.2 acre tract plus conditional use planned development to permit exceptions to ordinance requirements on 23.6 acres of this tract;fronting 850 feet on the east line of South Providence Road 930 feet north of Shadymist Drive. Density will be controlled by the zoning conditions or ordinance standards. The Comprehensive Plan suggests the property is appropriate for Suburban Residential II Use (2.0 to 4.0 dwelling units per acre). Tax IDs 755-698- 3729 and Part of 4828. Ms. Jane Peterson presented a summary of Case 19SN0571 and stated a single-family residential subdivision containing a maximum of 72 lots is planned, yielding a` density of 3.0 dwellings per acre. She further stated, approval of a conditional use planned development is requested to permit lots with a minimum area of 6,000 square feet, integrated with common space areas. She stated exceptions to required lot widths, setbacks, and lot coverages are requested commensurate with lot size reductions. She noted both the Planning Commission and staff recommended approval because the request complies with residential densities suggested by the Plan; quality, design and architecture offered by the applicant provide for a convenient, attractive and harmonious community elevated in quality to that of the surrounding community; and the conditional use is located within a revitalization area. Mr. Andy Scherzer, representing the applicant, noted the density complied with the Plan; the project incorporates common areas, open spaces and preservation of environmentally sensitive areas; multiple accesses to the development dilute 19-213 04/24/19 9 traffic impacts on any one deter construction traffic been proffered. road; and barricades and signs to through adjacent subdivisions have In response to Mr. Winslow's question, Mr. Scherzer stated Bethany Place Baptist Church owes the property and have worked carefully with the developers to establish the conditions. He also noted the appeal to road connectivity of the proposed development to the local subdivision streets was not support by the Virginia Department of Transportation. Ms. Haley called for public comment. There being no one to speak to the issue, the public hearing was closed. Mr. Winslow stated the request represents a high-quality project that is affordable, would improve upon existing timbered conditions of the property, and complies with Plan densities and recommendations for housing diversity. Mr. Winslow made a motion for the Board to approve Case 19SNO571 and accept the proffered conditions. Mr. Holland seconded the motion and reiterated Mr. Winslow's remarks relative to the case. Ms. Haley called for a vote on Mr. Winslow's motion, seconded by'�Mr. Holland, for the Board to approve Case 19SNO571 and accept the following proffered conditions: The applicant hereby offers the following proffered conditions: 1. Master Plan. The Master Plan for the Property shall consist of the following, which are made a part of these proffered conditions by this reference thereto, and shall be considered the Master Plan: a. The Textual Statement dated December 3, 2018. b. The Conceptual Plan, Exhibit' A, last revised March 21, 2019, prepared by Balzer and Associates, Inc. Development of the Property shall generally conform to the Conceptual Plan, with respect to the general layout of roads and lots, and the general location of sidewalks, pathways, open space, common area, buffers and fencing'. Adjustments to the Conceptual Plan may be approved at the time of site plan review, provided such adjustments substantially retain the relationship, between lots, rights of way, open "space and common area. If adjustments are deemed to be significant, the Conceptual Plan shall be presented to the Planning Commission for final approval. (P) C. Conceptual Elevations 1 through 16;, Exhibit B, dated November 19, 2018. d. Compiled Zoning Exhibit, Exhibit C, dated October 29, 2018, prepared by Balzer and Associates, Inc. (P) 19-214 04/24/19 2. Density. The maximum density shall not exceed seventy-two (72) dwelling units. (P) 3. Utilities. Public water and wastewater systems shall be used. (U) 4. Dwelling Size. The minimum,gross floor area of each dwelling unit shall be 1,100 square feet for one- story and 1,300 square feet for more than one- story. (P) 5. Road Improvements. In conjunction with the initial development, the following road improvements shall be completed, as determined by the Transportation Department. a. Construction of left and right turn lanes along S. Providence Road at the approved access, in accordance with Transportation Department standards; b. Widening/improving the east side of S. Providence Road to a eleven (11) foot, wide travel lane, measured from the centerline of the existing pavement, with an additional four (4) foot wide paved shoulder and overlaying the full width of the road with one and a half (1.5) inch of compacted bituminous asphalt concrete, with any modifications approved by the Transportation Department, for the entire Property frontage; and c. Dedication to Chesterfield County, free and unrestricted, of any additional right -of- way (or easements) required for the improvements identified above. (T) 6. Right of Way Dedication. In- conjunction with recordation of the initial subdivision plat or within sixty (60) days from a written request by the Transportation Department,- forty-five (45) feet of right-of-way along the east side of S. Providence Road measured from the centerline of the part of the roadway immediately adjacent to the Property shall be dedicated, free and unrestricted, to and for the benefit of Chesterfield County. (T) 7. Access. Direct vehicular access from the Property to South Providence Road shall be limited to one (1) entrance/exit with the exact location approved by the Transportation Department. (T) 8. Architectural/Design Elements. a. Driveways/Sidewalks. i. Driveways. All portions of driveways and parking areas shall be brushed concrete, stamped concrete, exposed aggregate concrete, asphalt or decorative pavers. ii. Front foot Walks. A minimum of a wide concrete front walk 19-215 three ( 3 ) shall be 04/24/19 provided to the front entrance of each dwelling unit, to connect to drives, sidewalks or street. iii. Sidewalks. Sidewalks shall be provided on both sides of all public streets. iv. Lamp Posts. One lamp• post shall be provided for each lot and shall generally be located where the driveway intersects 'with the sidewalk. b. Landscaping. i. Streetscape. Large deciduous trees, with a caliper of 2.5 inches for non-native species and 2 inches for native species at time of planting, shall be provided along both sides of all public streets as generally shown on Exhibit A, except where there is a conflict with utilities, sightlines, and driveway areas. ii. Front Yards. All front and corner side yards shall be sodded and irrigated. Front Foundation Planting Beds. Foundation planting is required along the entire front fagade of all dwelling units. Foundation planting beds shall be a minimum of four (4) feet wide from the unit foundation. Planting beds shall include medium shrubs spaced a maximum of four (4) feet apart. The plant materials used should visually soften the unit corners and complement the architecture of the home at their mature sizes. iv. Fence. 1. A six -foot -tall solid fence constructed of low maintenance material, such as vinyl, composite or pressure treated lumber, shall be installed along the common boundary with Tax ID 755-698-4828, as shown on Exhibit A. 2. A four -foot -tall fence constructed of black clad chain link shall be installed along the boundary line adjacent to Tax ID's 755-698-6878, as shown on Exhibit A. (P) C. Architecture and Materials. i. Conceptual Elevations. Development of the dwelling units shall be in general conformance with the architectural appearance as shown in Exhibit B. ii. Foundations. All exposed portions of the foundation of each dwelling unit shall be faced with brick or stone veneer. 19-216 04/24/19 Stepping the siding down below the - first floor shall only be permitted in circumstances of unique topographical conditions such as high crawl space or basement foundations. Step downs shall be permitted on the side and rear elevations only, with a maximum of two (2) steps permitted on any elevation, and with a minimum separation of eight (8) feet between steps. A minimum of 24 inches of exposed brick or stone shall be required, unless a lesser amount is approved by the Planning Department due to unique design circumstances. If the dwelling unit is constructed on a slab, brick or stone shall be employed around the base of the front and corner side of the dwelling unit a minimum twenty-four (24) inches and on the sides and rear of the dwelling unit a minimum eight (8) inches above grade so as to give the appearance of a foundation. Front Porches/Stoops. All front entry stoops and front porches shall be constructed with continuous masonry foundation wall or on 12" x 12" masonry piers, with brick or stone veneer. Extended front porches shall be a minimum of four (4) feet deep. Space between piers under porches shall be enclosed with framed lattice panels. Handrails and railings shall be finished painted wood, vinyl rails or metal rail systems with vertical pickets or swan balusters. Pickets shall be supported on top and bottom rails that span between columns. iv. Exterior Facades. Acceptable siding materials include brick, stone, masonry, vinyl siding and approved horizontal lap siding, or a combination thereof. Horizontal lap siding may be manufactured from natural wood or cement .fiber board or may be premium quality vinyl siding with _a minimum wall thickness of 0.042 inches. Plywood and metal siding are not permitted. A minimum of 200-. of! the dwelling units shall employ a combination of acceptable siding materials, including masonry as at least one of the materials. V. Special Focus Units. Eight (8) units shall have an embellished front and/or corner side, fagade with enhanced features. These units shall typically be located on lots at the end of a street intersection and/or against common open space, such as lots 1, 7, 37, 41, 46, 55, 62 and 69 on .Exhibit A. As the final subdivision plat may not exactly match Exhibit A, the special focus unit lots shall be determined in conjunction with 19-217 04/24/19 construction plan approval. Embellished facades may include a mixing of materials, gables,, dormers, entryway details, shutters, or other architectural features on the exterior that enhance the entry (i.e. decorative lintels, shed roof overhangs, arches, columns, keystones, eyebrows, etc.), as depicted in Elevations 1 through 10 of Exhibit B. These eight_(8) special focus units shall be inclusive of the 200 of the dwelling units as described in Proffered Condition 8.c.iv above. vi. Repetition. Dwelling units with the same elevation, not including the same style (Craftsman, Farmhouse, etc.), shall -not be located adjacent to or directly across from each other on the same street. This requirement does not apply to units on different streets backing up to each other. vii. Roof Materials.'Roofing material shall be dimensional architectural shingles, standing seam metal, or 'better with a minimum 30 -year warranty. d. Garages. If . garages are provided, the following shall be required. i. A maximum of,. 24 homes may have garages that extend a maximum of fifteen (15) feet from the front line of the finished living space of the main dwelling unit. ii. The remainder of the homes may have garages that extend a maximum of five (5) feet from the front line of the finished living space of the main dwelling unit. iii. All front -loaded garages, and side -loaded garages on corner lots, shall use an upgraded garage door. An upgraded garage door is any door with a minimum of two (2) enhanced features. Enhanced features may include windows, raised panels, decorative panels, arches, hinge straps, or other architectural features on the building exterior adjacent to the garage door the enhance the entry (i.e. decorative lintels, shed roof overhangs; arches, columns, keystones, eyebrows, etc.). e. Heating,, Ventilation and Air Conditioning (HVAC) Units and House Generators. Units shall initially be screened from view of public roads by landscaping or fencing or lattice- work with a maximum height of forty-two inches (4211). 19-218 04/24/19 f. Fireplaces, Chimneys and Flues. i. Chimneys. Fireplace chimney chases shall be constructed of brick or stone, or with a fagade matching the adjacent fagade material. ii. Direct Vent Fireplaces. Direct vent gas fireplace boxes, which protrude beyond the exterior face of the unit, are not permitted on front facades. -All the exterior materials and finishes_ used to enclose the fireplace box -must match the adjacent fagade material. g. Mailboxes. Individual lot . mailboxes, or cluster mailboxes, and supporting posts shall, be of a consistent design and color throughout the development. The boxes and posts shall be made of low maintenance material, as approved by the Planning Department at. the time of plan review. (P) 9. Buffer. A -forty (40) foot buffer, in accordance with the requirements of the Zoning Ordinance shall be provided along the parking lot serving the adjacent church, as shown.on Exhibit A. This buffer area, approximately 0.630 acres, shall be maintained by the property owner of Parcel A, as shown on Exhibit C. (P) 10. Homeowners Association. Restrictive covenants shall be recorded, and a Homeowners Association established for the enforcements of such covenants, to limit the use as specified herein. The restrictive covenants shall include an access and landscape. maintenance easement agreement between the property owner of Parcel A, as shown on Exhibit C, and the Homeowners Association for the forty (40) foot buffer described in Proffered Condition 9. The restrictive covenants shall also include a prohibition on the parking of boats and/or recreational vehicles in the front or side yards of the homes in the development. -(P) 11. Tree Preservation. a. A minimum twenty (20) foot tree preservation strip shall be maintained- in open space along the southern property line, adjacent to the Providence Pines Subdivision, specifically Tax ID's 755-697-5983, 755-69.7-6781,'755-697-7679, 755-697-9080, 756-697-0079, 756-697-0976, 756- 697-2577, and 756-697-4276'as shown on Exhibit A. b. A minimum ten (10) foot tree preservation strip shall be maintained in open space along. the eastern property line, adjacent ,to the Three Pines Subdivision, specifically Tax ID's 7566975472, 7566976078, 7566976783, and 7566977488 as shown on Exhibit A. 19-219 04/24/19 c. All trees greater than six inches in caliper (as measured 6 inches above grade) within the Tree Preservation Area shall be retained. Utility or drainage easements shall be permitted to cross this tree preservation strip generally in a perpendicular fashion. Evergreen trees calculated at one per 30, to be planted in open area within the preservation strip. A plan depicting this planting requirement shall be reviewed and approved by the Planning Department at time of plans review. (P) d. Native shrubs shall be planted along the eastern property line, adjacent to Tax ID 756- 698-9706, as shown on Exhibit A. Exact design and location of the native shrub plantings shall be approved by the Planning Department" .prior to subdivision approval. (P) 12. Post Development Discharge Rates. The maximum post - development discharge rate for the 100 -year storm shall be based on the maximum capacity of the existing facilities downstream, and the established 100 -year backwater and/or floodplain shall not be increased. On-site detention of the post - development 100 -year discharge rate to below the pre -development 100 -year discharge, rate may be provided to satisfy this.requirement. (EE). 13. Drainage. No impervious, areas shall flow through the properties to the northwest, identified as Tax IDs 755-698-4968 and 755-698-6878, or Three Pines Section 2. (EE) 14. Focal Point(s). A minimum of 0.15 acre of common area shall be provided within this_. property to provide a focal point(s). Part of the focal point (s) shall be hardscaped and have benches and other amenities that accommodate "and facilitate gatherings. The focal point (s) shall be 'developed concurrent with the phase of development where the focal point (s) is located. (P) 15. Construction Signage. Prior to any land disturbance on the Property, sign(s) shall be installed by the owner/developer at the S.- Providence Road and Shadymist Drive intersection and the Hicks Road and Mountain Pine Boulevard intersection to deter construction traffic from accessing the Property through the Providence Pines and Three Pines subdivisions. Sign(a) shall be posted in English and Spanish that is clearly legible from the public right of way. Such sign(s) shall be maintained by the owner/developer and shall remain until construction activity is complete as determined by the Planning Department. (P) 16. Temporary Barricade. Prior to any development occurring on the property, temporary barricades shall be provided and maintained on the property adjacent to right of ways, known as Treewood Lane and Pinchot Street (the "Stub Roads"), to prevent all traffic from accessing the Property via the Stub Roads. The temporary barricades shall be removed prior to the issuance of the 50th certificate of occupancy. (P & T) Ayes: Haley, Elswick, Jaeckle, Winslow and Holland. Nays: None. 19-220 04/24/19 17.. PUBLIC HEARINGS 17.A. TO CONSIDER THE RESTRICTION OF THROUGH TRUCK TRAFFIC ON BALDWIN CREEK ROAD Mr. Smith stated this date and time has been advertised for the Board to consider the restriction of through truck traffic on Baldwin Creek_ Road. He further stated the county has received a request to restrict any through truck, truck and trailer, or semi -trailer combination, except pickup or panel trucks, from using Baldwin Creek Road (Route 730) between Hull Street Road (Route 360) and Beach Road (Route 655)-. He noted the Virginia Department of Transportation has completed_a preliminary review of the streets proposed for a restriction and has determined that the applicable criteria will be met. Ms. Haley called for public comment. Mr. Carrol Foster, resident of Baldwin Creek Road, expressed concerns relative to through truck traffic on his road and urged the'Board to -approve the restriction request. Mr. Thomas Jaquante, resident of Baldwin Creek Road, .expressed concerns -relative to unsafe traffic conditions caused by through truck,traffic on his road. Mr. R.J. Smith, resident of Baldwin Creek Road, expressed his concerns relative to speeding and unsafe traffic conditions caused by truck traffic on his road and urged the Board to approve the restriction request. There being no one else to speak to the issue, the public - hearing was closed. Mr. Elswick expressed his appreciation to those who voiced their concerns and to county staff for their efforts._ In response to Mr. Holland's question, Mr. Smith stated upon adoption of the resolution, VDOT will install through truck traffic signs.on the roadway. On motion of Mr. Elswick, seconded by Mr. Winslow, the Board adopted the following resolution: WHEREAS, the Chesterfield County Board of Supervisors received a request to restrict any.through truck or.truck and trailer or semi -trailer combination except pickup or panel trucks from using Baldwin Creek Road between Hull Street Road and Beach Road; and WHEREAS, the recommended alternate route is Hull Street Road,'Otterdale Road and Beach Road; and WHEREAS, Chesterfield County will use its good offices for enforcement of the proposed restriction; and WHEREAS, the Board has conducted a public hearing on the restriction. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors requests the Virginia Department of Transportation to restrict through truck traffic on Baldwin Creek Road between Hull Street Road and Beach Road. .Ayes: Haley, Elswick, Jaeckle, Winslow and Holland. Nays: None. 19-221 04/24/19 17.B: TO CONSIDER AN ORDINANCE TO AMEND SECTION 19.1-6 OF THE COUNTY CODE RELATED TO ZONING VIOLATION FINES. Mr. Ray Cash stated this date and time has been advertised for the Board to consider an ordinance to amend Section 19.1- 6 of the County Code related to zoning violation fines. He further stated the state code was amended last year to adjust how fines resulting from zoning violations are applied. He stated the Board of Supervisors referred these changes to the Planning Department to prepare and bring forwarded ordinance amendments to the Planning Commission for recommendation. He further stated the amendments would remove the minimum fine of $10 and increase the maximum fine for a failure - to abate the violation from $1,500 to $2,000. In response to Mr. Winslow's question, Mr. Cash stated very few individuals fail to abate violation within a period. Ms. Haley called for public comment. There being no one to speak to 'the issue, the public hearing was closed. On motion of Mr. Elswick, seconded by Mr. Winslow, the'Board adopted the following ordinance: AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING AND REENACTING SECTION 19.1-6 OF THE ZONING ORDINANCE RELATING TO ZONING VIOLATION FINES. BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Section 19.1-6 of the.Code of the County of Chesterfield, 1997, as amended, is amended and re-enacted to read as follows: Chapter 19.1 ZONING D. Misdemeanor Violations. With the exception of violations which may be subject to civil penalties as outlined` in E., violations of this chapter shall be considered misdemeanors. • • • 2. Fines. .0 0 0 b. All other misdemeanor violations shall 'be punishable by a fine of not more than $1,000.00. If the violation is uncorrected at the time of conviction, the court shall order the violator to abate the violation within a specified time period. Failure to abate the violation within the specified 19-222 04/24/19 time period shall constitute a separate misdemeanor offense punishable by a fine of not more than $1,000.00, and any such failure during a succeeding 10 day period shall -constitute a separate misdemeanor offense punishable by a fine of not more than $1,500.00; and any such failure during any succeeding 10 day period shall constitute a separate misdemeanor offense for,each 10 day period punishable by a fine of not more than $2,000.00. (2) That this ordinance shall become effective immediately upon adoption. Ayes: Haley, Elswick, Jaeckle, Winslow and Holland. Nays: None. 17.C. TO CONSIDER AN ORDINANCE TO AMEND SECTIONS 5-8, 5-9 AND 5-10 AND ENACTING SECTION 5-11 OF THE COUNTY CODE RELATED TO DESIGNATION OF LAND BANK ENTITY Mr. Cohen stated this date and time, has been advertised for the Board to consider an ordinance to amend Sections 5-8, 5-9 and 5-10 and enacting Section 5-11 of the County Code related to designation of land bank entity. He further stated the Land Bank Entities Act of state code permits localities to designate existing -nonprofit entities to act as land bank entities to assist localities in addressing vacant, abandoned, and tax delinquent properties. He stated the proposed amendments create a new section in the County Code and designate the Maggie Walker Community Land Trust as a land bank entity to address such properties located in the county. He further stated the amendments set out the authority and additional requirements pertaining to the land bank entity, which are derived from the enabling legislation. In response to Mr. Elswick's question, Mr., Cohen stated Maggie Walker Community 'Land Trust is Richmond's designated land bank entity. Mr. Holland commended Mr. Cohen's leadership and voiced his support of the designation of the land bank entity. In response to Ms. Jaeckle's question, Mr. Cohen stated the land bank can be used for all types of development. Ms. Haley called for public comment. Ms. Erica Simms, Senior Associate for Development and Programs for Maggie Walker Community Land Trust, stated the designation is a component of the land bank program the Maggie Walker Community Land Trust operates. She further stated land banks are governmental entities or nonprofit corporations that are focused on the conversion of vacant, abandoned, and tax delinquent properties into productive use. _Ms. Caroline Champion, Vice Chair for Maggie Walker Community Land Trust, stated the corporation is committed to providing perpetually affordable homes to families with modest incomes throughout diverse and vibrant neighborhoods.' There being no one else to speak to the issue, the public hearing was closed. 19-223 04/24/19 In response to Mr. Holland's question, Mr. Cohen stated his department maintains a list of all delinquent, vacant and blighted properties within the county. Mr. Holland made a motion, seconded by Ms. Jaeckle, for the Board to adopt the ordinance to designate a land bank entity for the purpose of assisting the county in addressing vacant, abandoned, and tax delinquent properties. Ms. Jaeckle and Mr. Winslow also commended Mr. Cohen's leadership and aggressive diligence to enhance the county's tax base, efforts -to eliminate blight and revitalize neighborhoods. Ms. Haley called for a vote on Mr. Holland's motion, seconded by Ms. Jaeckle, for the Board to adopt the following ordinance: AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING AND RE-ENACTING SECTIONS 5-8, 5-9, AND 5-10 AND ENACTING SECTION 5-11 RELATING TO DESIGNATION OF LAND BANK ENTITY BE IT ORDAINED by the Board of Supervisors of Chesterfield county: (1) That Sections 5-8, 5-9, and 5-10 of the Code of the County of Chester geld, 1997, as amended, are amended and re-enacted, and Section 5-11 is enacted, all to read as follows: Chapter 5 BUILDINGS 000 Sec. 5-8. Designation of land bank entity. (a) The Maggie Walker Community Land Trust, and its governing board, ("the land bank entity"), an existing nonprofit entity, is hereby designated to carry out the functions of a land bank entity for the purpose of assisting the county to address vacant, abandoned, and tax delinquent properties in the county. (b) The land bank entity's articles of incorporation and bylaws are sufficient to authorize the land bank entity to carry out the provisions of the Land Bank Entities Act, Code of Virginia § 15.2-7500, et seq. To the extent there is any conflict between the corporate documents and policies of the land bank entity and this section, the provisions of this section shall take precedence. (c) Any reference to "property" or "real property" in this section shall mean real .property located within the county. (d) Real property that is conveyed by the land bank entity shall be used in accordance with the following priorities: 1. Enhancing the County's tax base; 2. Eliminating blight and revitalize neighborhoods; 3. Encouraging the development and reuse of vacant and surplus properties; 4. Enabling wealth -building opportunities by helping households become home owners; 5. Improving neighborhoods resulting in equity gains for existing home owners; 6. Preserving and enhancing open space and urban agriculture opportunities; and 7. Supporting the production of affordable and workforce housing units. (e) The land bank entity shall have the power to: 1. Adopt, amend, and repeal bylaws for the regulation of its affairs, and the conduct of its business; 2. Sue and be sued in its own name and plead and be interpleaded in all civil actions, including actions to clear title to property of the land bank entity; 3. Adopt a seal and alter the same at its pleasure; 19-224 04/24/19 4. Borrow money from private lenders, localities, or the state or from federal government -funds, as may be necessary, for the operation and work of the land bank entity; 5. Procure insurance or guarantees from the Commonwealth or federal government of the payments of any debts or parts thereof incurred by the land bank entity and pay premiums in connection therewith; 6. Enter into contracts and other instruments necessary, incidental, or convenient to the performance of its duties and the exercise of its powers; 7. Enter into contracts and other instruments necessary, incidental, or convenient to the performance of and by the land bank entity on behalf of localities or agencies or departments of localities or to the performance by localities or agencies or departments of localities of functions on behalf of the land bank entity; 8. Make and execute contracts and other instruments necessary or convenient to the exercise of the powers of the land bank entity; 9. Procure insurance against losses in connection with the real property, assets, or activities of the land bank entity; 10. Invest funds of the land bank entity, at the discretion of the board, in instruments, obligations, securities, or real property determined proper by the board and name and use depositories for its funds; 11. Enter into contracts for the management of, the collection of rent from, or the sale of real property of the land bank entity; 12. Design, develop, construct, demolish, reconstruct, rehabilitate, renovate, relocate, and otherwise improve real property or rights or interests in real property; 13. Fix, charge, and collect rents, fees, and charges for the use of real property of the land bank entity and for services provided by the land bank entity; 14. Grant or acquire a license, easement, lease, or option with respect to real property of the land bank entity; 15. Enter into partnerships, joint ventures, and other collaborative relationships with municipalities and other public and private entities for the ownership, management, development, and disposition of real property; 16. Accept grants and donations from any source, as may be necessary, for the operations of the land bank entity; 17. Accept real estate from any source, subject to the limitations and restrictions set out in § 15.2-7507; 18. Make loans or provide grants to carry out activities consistent with the purposes of the land bank entity; and 19. Do all other things necessary or convenient to achieve the objectives and purposes of the land bank entity or other laws that relate to the purposes and responsibility of the land bank entity. (f) The land bank entity shall neither possess nor exercise the power of eminent domain. (g) The land bank entity may acquire real property or interests in real property by gift, devise, transfer, exchange, purchase, or otherwise on terms and conditions and in a manner the land bank entity considers proper. (h) The land bank entity may acquire real property by purchase contracts, lease purchase agreements, installment sales contracts, and land contracts and pursuant to the sale or other conveyance of real property under Code of Virginia, § 58.1-3965 et seq. The land bank entity may accept transfers or conveyances from the county upon such terms and conditions as agreed to by the land bank entity and the county. Notwithstanding any other law to the contrary, the county may transfer or convey to the land bank entity real property and interests in real property of the county on such terms and conditions and according to such procedures as determined by the county. (i) The land bank entity shall maintain its real property in accordance with the laws and ordinances of the county. (j) The land bank entity shall hold in its own name all real property acquired by the land bank entity regardless of the identity of the transferor of such property. (k) The land bank entity shall maintain and make available for public review and inspection an inventory of the real property held by the land bank entity. 19-225 04/24/19 (1) The land bank entity shall determine and set forth in policies and procedures of its board the general terms and conditions for consideration to be received by the land bank entity for the transfer of real property and interests in real property, which consideration may take the form of monetary payments and secured financial obligations, covenants, and conditions related to the present and future use of the property; contractual commitments of the transferee; and such other forms of consideration as determined by the land bank entity to be in the best interest of the land bank entity. (m)No member of the board or employee of the land bank entity shall acquire any interest, direct or indirect, in real property of the land bank entity, in any real property to be acquired by the land bank entity, or in any real property to be acquired from the land bank entity. (n) No member of the board or employee of a land bank entity shall have any interest, direct or indirect, in any contract or proposed contract for materials or services to be furnished to or used by a land bank entity. . (o) The land bank entity may adopt supplemental rules and regulations addressing potential conflicts of interest and ethical guidelines for members of the board and employees of the land bank entity. (p) The land bank entity may convey, exchange, sell, transfer, lease as lessee, grant, and release any and all interests in, upon, or to real property of the land bank entity. (q) The acquisition, management, and disposition of any historic property as designated by the County in accordance with Code of Virginia, § 15.2-2306 or within a historic area as defined in Code of Virginia, § 15.2-2201 shall be considered subject to the requirements of Code of Virginia, § 15.2-2306. (r) When real property is conveyed by the land bank entity, fifty (50) percent of the real property taxes collected on such property shall be remitted to the land bank entity. Such remittance of real property taxes collected shall commence with the first taxable year following the date of conveyance and continue for a period of ten (10) years. The remittance shall not be renewed at the conclusion of the ten-year period. (s) The land bank entity is hereby declared to be performing a public function on behalf of the county and to be a public instrumentality of the county. Accordingly, the land bank entity shall not be required to pay any taxes upon any property acquired or used by the land bank entity under the provisions of the Act. (t) The land bank entity may be dissolved 60 calendar days after an affirmative resolution is approved by two-thirds of the membership of its board. Sixty (60) calendar days' advance written notice of consideration of a resolution of dissolution shall be (i) given to the Board of Supervisors (ii) published in a local newspaper of general circulation in the county, and (iii) sent by certified mail to the trustee of any outstanding bonds of the land bank entity. Upon dissolution of the land bank entity, all real property, personal property, and other assets of the land bank entity shall become the assets of the county. (u) Notwithstanding subsection (t), no land bank entity shall be dissolved unless all obligations and debts of such land bank entity have been lawfully satisfied or otherwise provided for. - Sec. 5-9. - Board of building code appeals. (a) In accordance with Code of Virginia, §§ 36-105 and 27-98 the county shall at all times maintain a local appeals board that serves as both the local board of building code appeals and the local board of fire prevention code appeals, which shall consist of at least five regular members, and three alternate members to serve in the absence of any regular members. The local appeals board shall hear appeals of decisions of the building/maintenance official concerning application of the Uniform Statewide Building Code and the fire official concerning application of the Statewide Fire Prevention Code. Representation on the board shall at all times meet the requirements of the USBC and SFPC. The appeals board shall comply with the appeals sections of the USBC -and SFPC. (b) The board of supervisors shall appoint the members of the board of building code appeals and shall set the compensation for its members. Sec. 5-10. - Certification of electricians, plumbers and related mechanical workers. . (v)All electricians, plumbers and building related mechanical workers who perform work in the county shall be certified in accordance with state law. 19-226 04/24/19 See. 5-11. - Violations and penalties. (w) No owner or any other person, firm or corporation shall violate any provision of the Virginia Uniform Statewide Building Code. Any violation shall be a misdemeanor and any owner or any other person, firm or corporation convicted of such a violation shall be punished by a fine of not more than $2,500.00, except as otherwise provided in this section. If the violation concerns a residential unit and if the violation remains uncorrected at the time of the conviction, the courtshall order the violator to abate or remedy the violation. Except as otherwise provided by the court for good cause shown, any such violator shall abate or remedy the violation within six months of the date of conviction.. Each day that a violation continues after conviction or after the court ordered abatement period has expired shall constitute a separate offense. Any person convicted of a second offense committed within less than five years after a first offense under this chapter shall be punished by a fine of not less than $1,000.00 nor more than $2,500.00. Any person convicted of a second offense committed within a period of five to ten years after a first offense under this chapter shall be punished -by a fine of not less than $500.00 nor more than $2,500.00. Any person convicted of a third or subsequent offense involving the same property committed within ten years after an offense under this chapter shall be punished by confinement in jail for not more than ten days and by a fine of not less than $2,500.00 nor more than $5,000.00. (2) That this ordinance shall become effective. immediately upon adoption. Ayes: Haley, Elswick, Jaeckle, Winslow and Holland. Nays: None. 17.D. TO CONSIDER AN ORDINANCE TO ESTABLISH THE CHERRYTREE LANE WASTEWATER ASSESSMENT DISTRICT Mr. Mike Nannery stated this date and time has been advertised for the Board to consider an ordinance to establish the Cherrytree Lane'Wastewater Assessment District. He further stated the . owners of three properties on Cherrytree Lane, in the Sheffield Court Subdivision, in the Midlothian Magisterial District,' have approached the county. with a request to have the public wastewater system extended to serve their homes. He stated those property owners have requested that a three -lot assessment district be established to fund the necessary wastewater 'line extension. He further stated the Health Department has assessed the need for public wastewater service for the three referenced properties and has -indicated the, septic systems could be near the end of their useful lives. He stated they have indicated that replacing the septic systems will be difficult due to the limited areas for the systems to be installed on these properties and the significant financial impact to all properties once their systems malfunction. He further stated if an assessment district is created, the County will initially pay all engineering, construction, and other costs to extend the public wastewater lines and will then recoup those costs from the property owners. He stated the- total estimated cost for the proposed wastewater line extension is $75,000. He noted the proposed Cherrytree Lane Wastewater Assessment District would include three lots, with the assessment per lot being $25,000, with an interest rate of 2.41 percent. In response to Mr. Winslow's question, Mr. Nannery stated the surrounding properties are connected to public wastewater service. 19-227 04/24/19 Ms. Haley called for public comment. Ms. Patricia Brock, property owner on Cherrytree Lane, urged the Board to establish the Cherrytree Lane Wastewater Assessment District. She expressed concerns relative to the significant financial impact due to the installation of the septic tank. Ms.- Karen Kardian, property owner on Cherrytree Lane, expressed concerns relative to septic tank malfunctions and the financial burdens associated with the tank. She urged the Board to establish the wastewater assessment district. There being no one else to speak to the issue, the public hearing was closed. Ms. Haley expressed her appreciation to Mr. Nannery and county staff for their participation relative to the issue and the efforts to alleviate the problem. Ms. Haley then made a motion, seconded by Ms. Jaeckle, for the Board to adopt an ordinance to establish the Cherrytree Lane Wastewater Assessment District, appropriate funds in the amount of $75,000 for the project from the wastewater fund balance, and set the interest rate based on the index of average yield on United States Treasury securities adjusted to a constant maturity of one year as made available by the Federal Reserve Bank at the time the assessment ordinance is adopted. Ms. Jaeckle reiterated Ms. Haley's remarks and stated similar issues will be slowly remedied in the future. Ms. Haley called for a vote on her motion, seconded by Ms. Jaeckle, for the Board to adopt the following ordinance to establish the Cherrytree Lane Wastewater Assessment District, appropriate funds in the amount of $75,000 for the project from the wastewater fund balance, and set the interest rate based on the index of average yield on United States Treasury securities adjusted to a constant maturity of one year as made available by the Federal Reserve Bank at the time the assessment ordinance is adopted. AN ORDINANCE CREATING THE CHERRYTREE LANE SPECIAL TAX OR ASSESSMENT WASTEWATER DISTRICT, IMPOSING ASSESSMENT AGAINST LAND OWNERS IN THE DISTRICT AND PROVIDING FOR SUSPENSION OF PAYMENT FOR CERTAIN ELDERLY OR DISABLED OWNERS BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That the Cherrytree Lane Special Tax or Assessment Wastewater District is created as follows: Section 1. Definitions. In the context of this ordinance, the following words shall have the following meaning: District: Cherrytree Lane Special Tax or Assessment Wastewater District. Map of the District: The map entitled "Cherrytree Lane Wastewater Assessment District" prepared by the County 19-228 04/24/19 Department. of Utilities, which map is on file with the director of utilities. Section 2. Establishment of the Cherrytree Lane Special Tax or Assessment Wastewater District. Pursuant to Code of Virginia, Section 15.2-2404 et seq., there is hereby created in the county the Cherrytree Lane Special Tax or Assessment Wastewater District. The area of the district shall be and the same is hereby fixed within the boundaries depicted on the map of the district. Section 3. Construction of certain wastewater facilities in and adjacent to the district. The utilities department shall cause to'be constructed in and adjacent to the district the wastewater line and appurtenant facilities necessary to provide wastewater service to the area depicted on the map of the district. Section 4. Taxes or assessments upon owners 'of property ' located within the district.. The cost of construction of the wastewater line and appurtenant facilities located within the district shall be apportioned among the owners of property abutting the wastewater line. The amount of the tax or assessment charged to each such owner shall be one-third (1/3) of the total cost of the improvements constructed within the district, including the legal, financial and other directly attributable costs incurred by the County. The one-third (1/3) charge shall be assessed against each lot located in the district. The amount finally taxed or assessed against each landowner shall be reported to the treasurer as soon as practicable after completion of the wastewater line and appurtenant facilities located within the district, and the treasurer shall enter the same as provided.for other taxes. Section 5. Installment payment of assessments. Any person against whom an assessment provided for in this article has been finally made shall pay the full amount of the assessment provided for in this article, on the due date of the first tax bill on which such assessment is shown. In no event, however, shall any part of the assessment be due prior to the completion of the wastewater line and appurtenant facilities constructed pursuant to this article. As an alternative to payment as provided above, a person against whom an assessment provided for in this article has been made may pay such assessment in forty (40) equal semiannual principal installments over a period of twenty (20) years, together with simple interest on the unpaid principal balance at an annual rate equal to the index of average yield on United States Treasury. Securities adjusted to a constant maturity of one year as made available by the Federal Reserve Bank on the date when this ordinance was adopted. The first of such installments shall be due on and interest on the unpaid principal balance shall accrue from the date on which the full amount of the assessment would otherwise have been due as provided above. Section 6. Suspension of payment of assessments. Payment of assessments otherwise due under this ordinance shall be suspended for any owner who owned property on the day the ordinance creating the assessment district was 19-229 04/24/19 adopted and who occupies a residential building located on the property and is 65 years of age or older or permanently and totally disabled. Eligibility for such postponement shall be determined in accordance with Va. Code § 58.1-3211, as in effect on December 31, 2010. When the property is no longer occupied by a person who is eligible for the postponement or is conveyed to another person or persons, irrespective of the eligibility for postponement of the person or persons to whom the property is conveyed, the suspension of payments shall cease and the entire assessment, including accrued interest, shall be immediately due and payable. In any event, if payment is suspended pursuant to this section the entire assessment shall be due and owing no later than ten years from the date that the district was created. Should the property be connected to the public wastewater system at any time during the ten-year period of suspended payments it will then revert to semiannual payment installments over the remaining portion of the ten-year period with a balloon payment at the end of the tenth year equal to the deferred payments, including accrued interest, prior to connection. It shall be the obligation of any such owner to provide a driver's license or other photo identification establishing proof of age, or medical records establishing permanent and total disability, satisfactory to the director of utilities in order for such suspension to become effective. Section 7. This ordinance shall not be set out in the County Code but shall be kept on file in the office of the director of utilities. (2) This ordinance shall be in effect immediately upon its adoption. Ayes: Haley, Elswick, Jaeckle, Winslow and Holland. Nays: None. 17.E. TO CONSIDER THE QUITCLAIM OF A PORTION OF DEERHILL ROAD AND VARIABLE WIDTH SLOPE AND DRAINAGE EASEMENTS FOR VDOT MAINTENANCE Mr. Dean Sasek stated this date and time has been advertised for the Board to consider the quitclaim of a portion of Deerhill Road and variable width slope and drainage easements for VDOT maintenance. Ms. Haley 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. Holland, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute a deed to quitclaim a portion of Deerhill Road and variable width slope and drainage easements for VDOT maintenance. Ayes: Haley, Elswick, Jaeckle, Winslow and.Holland. Nays: None. 19-230 04/24/19 17.F. TO CONSIDER THE CONVEYANCE OF COUNTY PROPERTY AT IRON BRIDGE AND COURTHOUSE ROADS TO THE ECONOMIC DEVELOPMENT AUTHORITY OF THE COUNTY OF CHESTERFIELD Mr. Sasek stated this date and time has been advertised for the Board to consider the conveyance of county property.at Iron Bridge and Courthouse Roads to the Economic. Development Authority of the County of Chesterfield. He further stated the Economic Development Authority is actively marketing the county property at the intersection of Iron Bridge and Courthouse Roads and is requesting that this property- be conveyed to the authority. Ms. Haley 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 the conveyance of approximately 57 acres of county property at Iron Bridge and Courthouse Roads to the Economic Development Authority of the County of Chesterfield, and authorized the Chairman'of the Board and County Administrator to execute the deed. Ayes: -Haley, Elswick, Jaeckle, Winslow and Holland. Nays: None. 18. REMAINING MANUFACTURED HOME PERMITS AND ZONING REQUESTS There were no remaining manufactured home permits and zoning requests. 19. FIFTEEN -MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED MATTERS There were no requests to address the Board at this time. 20. ADJOURNMENT On motion of Mr. Winslow, seconded by Mr. Elswick, the Board adjourned at 8:23 p.m. until May 22nd at 2:00 p.m. for a work session in Room 502. Ayes: Haley, Elswick, Jaeckle, Winslow and Holland. Nays: None. Chairman 19-231 04/24/19