May 11, 2021 Board of Supervisors

[00:00:03]

P >> DANIEL SCHMITT: GOOD EVENING, EVERYBODY. WELCOME TO THE MAY 11TH BOARD OF SUPERVISORS MEETING. PLEASE IF YOU CAN JOIN US TONIGHT, WE'LL BEGIN AS WE ALWAYS DO WITH OUR PLEDGE OF ALLEGIANCE. I INVITE YOU TO STAND AND JOIN US FOR THE PLEDGE FOLLOW BY THE INVOIVATION AND MS. BELL IS HERE WITH US TONIGHT. GOOD TO SEE YOU, SUE.

[1. PLEDGE OF ALLEGIANCE ]

THANK YOU. >> I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA AND TO THE REPUBLIC FOR WHICH IT STANDS, ONE NATION, UNDER GOD, INDIVISIBLE, WITH

LIBERTY AND JUSTICE FOR ALL. >> LET US PRAY.

[2. INVOCATION ]

BLESS THIS BODY AS THEY MAKE DECISIONS THAT AFFECT SO MANY.

GIVE THEM WISDOM, COURAGE, GRACE, AND GOODNESS.

AMEN. >> DANIEL SCHMITT: AMEN.

THANK YOU. THANK YOU, MS. BELL.

BEFORE WE BEGIN THIS EVENING, I WANT TO REMIND EVERYBODY TUNED IN, THAT WELCOME OBVIOUSLY -- IF YOU'RE IN PERSON, WELCOME TO THE HENRICO COUNTY BOARD OF SUPERVISORS MEETING.

THE BOARD ROOM IS -- WE CERTAINLY ASK THAT YOU PRACTICE SOCIAL DISTANCING WHILE YOU'RE IN THE ROOM AS BEST YOU CAN.

PUBLIC COMMENTS TONIGHT WILL BE DONE FROM THE LECTERN IN THE BACK. WE THANK YOU FOR YOUR COOPERATION. FOR EVERYONE WATCHING ON THE LIVE STREAM, AS A REMINDER YOU CAN AND YOU'RE ENCOURAGED TO PARTICIPATE IN THE PUBLIC HEARINGS AND PUBLIC COMMENT PORTION TONIGHT. PLEASE GO TO OUR WEB PAGE.

HENRICO.US/SUPERVISORS. CLICK ON GUIDANCE.

SCROLL DOWN AND CLICK ON THE WEBEX EVENT AND OUR MODERATOR WILL GREET YOU AND ASSIST YOU WITH YOUR PARTICIPATION.

[3. APPROVAL OF MINUTES – April 27, 2021, Regular and Special Minutes ]

THE APRIL 27 MEETING. >> SO MOVED.

>> SECOND. >> DANIEL SCHMITT: MR. MANAGER?

[4. MANAGER’S COMMENTS ]

SO MOVED. >> MEMBERS OF THE BOARD, MEMBERS OF THE AUDIENCE, I HAVE TWO COMMENTS THIS EVENING.

EVERY NOW AND AGAIN, THE COUNTY RECEIVES AN AFFIRMATION FROM A THIRD PARTY AS TO A PARTICULAR ACTIVITY AND I WANT TO SPEAK TO YOU TONIGHT ABOUT OUR SHERIFF'S OFFICE.

WHERE IS SHERIFF? COME ON UP HERE.

>> I DIDN'T KNOW YOU WERE GOING TO DO THAT.

STEALING MY THUNDER AGAIN. >> WELL, HANG ON A SECOND.

>> THOMAS BRANIN: I DON'T NEED TO READ THAT.

I KNOW THE NUMBERS, SIR. >> SO ON FRIDAY OF LAST WEEK, SHERIFF GREGORY, OUR ROCK STAR FROM THE AMERICAN CORRECIONAL - ASSOCIATION THAT ONCE AGAIN BOTH JL WEST AND EAST WILL REMAIN ACCREDITED CORRECTIONAL FACILITIES.

SO OUR SHERIFF'S OFFICE VOLUNTARILY SEEKS THIS SEAL OF APPROVAL, IF YOU WILL, FROM THE AMERICAN CORRECTIONAL ASSOCIATION TO DEMONSTRATE THAT WE'RE PROMOTING THE HEALTH AND SAFETY OF BOTH INMATES AND EMPLOYEES AND TO ENSURE WE'RE FOLLOWING INDUSTRY BEST PRACTICES.

THE SHERIFF UNDERTAKES THIS ACCREDITIDATION AS AN EXTRA LAYER OF SCRUTINY OVER AND ABOVE, AND I WANT TO EMPHASIZE, OVER AND ABOVE THE AUDITS THAT ARE CONDUCTED ANNUALLY BY THE VIRGINIA DEPARTMENT OF CORRECTIONS.

IN ORDER TO RECEIVE THIS ACCREDITATION, ACA CONDUCTS A DETAILED ON-SITE AUDIT THAT INCLUDES 60 MANDATORY AND 323 NON-MANDATORY STANDARDS FOR EACH FACILITY.

JL EAST RECEIVED A SCORE OF? 100%.

AND JL WEST RECEIVED 100% ON THE REQUIRED STANDARDS OF 98.3% ON THE NON-MANDATORY STANDARDS. THAT'S AN A BY ANY CALCULATION.

ACROSS THE COMMONWEALTH, MEMBERS OF THE BOARD, THOSE HERE IN ATTENDANCE, THEY'RE ONLY 12 ADULT DETENTION FACILITIES RUN BY LOCAL GOVERNMENTS THAT HAVE RECEIVED THIS ACCREDITIDATION.

ANOTHER REASON TO CELEBRATE. I WON'T READ THE REST BUT I'LL ASK THE SHERIFF TO COME UP. I APOLOGIZE FOR STEALING YOUR THUNDER. I DIDN'T REALIZE YOU WERE GOING TO MAKE COMMENTS ABOUT THIS ITEM.

SHERIFF? WAIT A MINUTE.

I THINK WE'RE SUPPOSED TO CLAP BEFORE THE SHERIFF.

[APPLAUSE] >> GOOD EVENING, MR. MANAGER, MR. CHAIRMAN, BOARD MEMBERS. A ROUND OF APPLAUSE ALSO GOES

[00:05:02]

I TOLD THEM WHEN WE -- WHEN I STEPPED INTO THIS IN 2020, I FELT REALLY CONFIDENT, YOU KNOW, THAT -- I'VE BEEN DOING THIS OVER 20 YEARS. I GOT THIS.

THERE IS NOT MUCH I HAVEN'T SEEN.

THEN THREE MONTHS IN, HERE COMES COVID, RIGHT? NO PLAYBOOK, NO PLAN. I'M TELLING YOU, THE MEN AND WOMEN THAT WORK FOR THE SHERIFF'S OFFICE, NEVER MISSED A BEAT. WITH ALL OF THE CHANGES, WITH ALL OF THE SHUTDOWNS, THEY STILL MADE IT WORK AND THERE WAS COMMUNICATION AND SUPPORT OF NOT ONLY YOU BUT EVERY AGENCY IN THE COUNTY. WE COULDN'T HAVE MADE IT.

WE STILL RUN CLOSE TO 1200 INMATES BETWEEN BOTH FACILITIES.

TO BE ABLE TO DO THE THINGS THAT ARE REQUIRED BY THE VIRGINIA DEPARTMENT OF CORRECTIONS AND THEN GOING ABOVE AND BEYOND THAT AND MEET THE STANDARDS, YOU KNOW, THOSE FOLKS ARE WORKING GIVING 200% EVERY DAY. SO MY APPLAUSE TO YOU ALL FOR YOUR SUPPORT, AND TO THE MEN AND WOMEN THAT WORK FOR THE SHERIFF'S OFFICE FROM OUR OFFICE ASSISTANTS ALL THE WAY UP.

JUST AN OUTSTANDING JOB. THE AUDITORS -- AND TO ADD TO THAT, WE TOOK ON AN ADDITIONAL CHALLENGE, YOU KNOW, BECAUSE COVID MADE US THINK WE COULD DO ANYTHING, RIGHT? IF WE CAN SUCCESSFULLY MANAGE THAT, SO WE DECIDED INSTEAD OF DOING THE AUDIT FOR TWO WEEKS, ONE WEEK AT EAST AND THEN THE SECOND WEEK AT WEST. TO SAVE MONEY, WE PUT THEM BOTH TOGETHER. THAT MEANT BRINGING IN A GROUP OF PEOPLE, A TEAM OF THREE GOING TO THE FACILITIES.

THAT WAS A CHALLENGE WITHIN ITSELF AND I TELL YOU THEY ROSE TO THE CHALLENGE AND EXCEEDED MY WILDEST EXPECTATIONS.

SO THANK YOU TO YOU. AND THANK YOU TO THE MEN AND WOMEN OF THE HENRICO COUNTY SHERIFF'S OFFICE.

>> DANIEL SCHMITT: THANK YOU, SHERIFF.

>> MR. CHAIRMAN, MY FINAL COMMENT IS ALSO A RECOGNITION.

WE HAD AN UPDATE FROM OUR EMERGENCY MANAGER AND TONY MCDOWELL JUST A LITTLE WHILE AGO ON WHERE WE ARE WITH COVID AND VACCINATION. THERE IS ANOTHER SUCCESS STORY I WANT TO SHARE WITH YOU AND THE COMMUNITY.

THIS IS TRULY AN EXCEPTIONAL RECOGNITION.

HONORABLE MEMBERS OF THE BOARD, I'D LIKE TO TAKE A MOMENT TO RECOGNIZE AMY POPAVICH. ARE YOU -- ARE YOU ON WEBEX? SHE WAS GOING TO JOIN US VIRTUALLY.

AS SHE DOES JOIN US, LET ME TELL YOU ABOUT AMY.

SO SHE IS THE NURSE MANAGER AND DIRECTOR OF COMMUNITY ENGAGEMENT FOR THOSE OF YOU WHO DON'T KNOW HER FOR THE COMBINED RICHMOND AND HENRICO HEALTH DISTRICTS. SHE RECENTLY RECEIVED THE COVETED 2021 AWARD OF MERIT FROM THE ASSOCIATION OF PUBLIC HEALTH NURSES. OUT OF NUMEROUS QUALIFIED CANDIDATES ACROSS THE UNITED STATES, AMY WAS SELECTED AS THE RECIPIENT OF THIS PRESTIGIOUS AWARD.

FOR HER FINE WORK AND HER LASER-LIKE FOCUS IN PURSUING EQUITY IN HEALTHCARE, FOR THE MOST VULNERABLE AND OFTEN OVERLOOKED POPULATION. AMY WAS AN INTEGRAL PARTNER IN OUR COUNTY'S COVID-19 VACCINATION EFFORTS BY COORDINATING STRATEGIES FOR VACCINE EVENTS, ORGANIZING TEAMS OF WORKERS, SHARING CRITICAL INFORMATION, REACHING AT-RISK POPULESS AND MUCH, MUCH MORE. ABOVE ALL, AMY GAVE OF HERSELF OFTEN TO THE POINT OF EXHAUSTION TO ENSURE THAT LIFE SAVING CARE WAS MADE BOTH AVAILABLE AND ACCESSIBLE TO THE RESIDENTS OF OUR COUNTY. I FOUND OUT ABOUT THIS LAST WEEK, MR. SCHMITT, WHEN YOU AND I WERE AT THE MOSQUE IN IMPALA DOING THE STAND-ALONE VACCINATION AND OF COURSE AMY WAS THERE. SO TONIGHT WE COMMEND AMY FOR RECEIVING THE 2021 AWARD OF MERIT AND WE OFFER OUR SINCERE APPRECIATION FOR ALL YOU HAVE DONE FOR OUR COUNTY.

MR. CHAIRMAN AND MEMBERS OF THE BOARD, AMY POPOVICH.

>> THANK YOU. THANK YOU, MEMBERS OF THE BOARD, FOR HAVING ME TONIGHT. IT IS A REALLY FUN OPPORTUNITY TO REFLECT ON THE LAST COUPLE MONTHS AND TO GET TO SAY MY THANK YOUS. I CAN'T WIN THIS AWARD BY MYSELF. SO A THANK YOU TO THE NURSES AT RICHMOND AND CEN HEALTH DISTRICT FOR ALL YOU HAVE GIVEN AND ALL YOU HAVE DONE IN THE LAST YEAR. ALSO, A THANK YOU AND A HAPPY

[00:10:03]

>> DANIEL SCHMITT: THANKS, AMY. YOU'LL HAVE TO SHARE THAT AWARD WITH THE MULTIPLE AMYS OUT THERE.

BECAUSE YOU'RE EVERYWHERE. SO EVERY SINGLE PLACE I LOOK AND SHOW UP, YOU'RE THERE. SO THANK YOU, AMY.

CONGRATULATIONS AND GREAT WORK.

[5. BOARD OF SUPERVISORS’ COMMENTS ]

[APPLAUSE] >> MR. CHAIRMAN, I HAVE NO

OTHER COMMENTS THIS EVENING. >> DANIEL SCHMITT: ANY COMMENTS

BY MY COLLEAGUES? >> PATRICIA O'BANNON: YES, MR. CHAIRMAN. I HAVE ONE.

I'D LIKE TO RECOGNIZE TWO LONGTIME AND NOTABLE HENRICOANS.

LOTTY AND ALLEN COSBY OF GLEN ALLEN WHO CELEBRATED THEIR 70TH WEDDING ANNIVERSARY ON MAY 5 THIS YEAR.

THEY HAVE SIX CHILDREN. 14 GRANDCHILDREN AND 19 GREAT GRANDCHILDREN. NOW YOU MAY RECOGNIZE THE NAME ELVEN COSBY. WE HAVE NAMED A ROAD AFTER HIM AND MR. MANAGER, I KNOW HE HAS RETIRED BUT HOW MANY YEARS DID

HE WORK FOR HENRICO? >> 73, MS. O'BANNON.

>> PATRICIA O'BANNON: SO HE WORKED FOR HENRICO FOR THREE YEARS AND LOTTY THOUGHT THAT WAS A REALLY GOOD JOB FOR HIM, AND IT TURNED OUT IT WAS, AND THEY WERE MARRIED THREE YEARS AFTER THAT. SO CONGRATULATIONS TO LOTTY AND

ELVIN COSBY. >> DANIEL SCHMITT: THANK YOU, MA'AM. ANY OTHER COMMENTS? ALL RIGHT. SEEING NONE, WE'LL TAKE AN OPPORTUNITY TO RECOGNIZE ANY NEWS MEDIA.

[6. RECOGNITION OF NEWS MEDIA ]

>> MR. CHAIRMAN, WE HAVE TWO PRESENTATIONS FOR YOU.

[7. PRESENTATIONS ]

[7a. Proclamation - Law Enforcement Officers Week - May 9 - 15, 2021. ]

[7b. Proclamation - Emergency Medical Services Week - May 16 - 22, 2021. ]

I'LL ASK OUR VICE CHAIR, MS. PAT O'BANNON TO THE PODIUM TO PRESENT THE POCK LUIMATION TO TH FOLLOWING INDIVIDUALS AND THEY ARE ALEC AUDEN, THE FIRE CHIEF AND IVA ALLEN, THE TUCKAHOE RESCUE SQUAD CHIEF OF OPERATIONS, LAUREN SHRADER.

HENRICO VOLUNTEER RESCUE SQUAD LIEUTENABOUT OF TRAINING AND IS THERE ANYONE ELSE? OKAY.

ALL RIGHT. >> PATRICIA O'BANNON: I HAD MY VACCINE. I THINK WE LEARNED SO MUCH THIS YEAR ABOUT URGENT THINGS THAT HAPPEN BUT WITH EMERGENCY MEDICAL SERVICES, I THINK WE LEARN EVERY YEAR ABOUT HOW MUCH YOU DO. WHEREAS THE PROVISIONS OF EMERGENCY MEDICAL SERVICES EMS IS VITAL TO THE PUBLIC SERVICE WHICH DRAMATICALLY IMPROVES THE SURVIVAL AND RECOVERY RATE OF THOSE WHO EXPERIENCE SUDDEN ILLNESS OR INJURY AND WHEREAS MEMBERS OF HENRICO EMS TEAMS ARE READY TO PROVIDE LIFE-SAVING CARE TO THOSE IN NEED 24 HOURS A DAY, 7 DAYS A WEEK, AND WHEREAS WHETHER CAREER OR VOLUNTEER, HENRICO EMS TEAM MEMBERS ENGAGE IN THOUSANDS OF HOURS OF SPECIALIZED TRAINING AND CONTINUING EDUCATION TO ENHANCE THEIR LIFE SAVING SKILLS AND WHEREAS THESE PERSONS ARE FREQUENTLY EXPOSED TO A VARIETY OF HAZARDS AND DANGEROUS SITUATIONS DURING THE PERFORMANCE OF THEIR DUTIES. AS I SAID, WE LEARNED THAT THIS YEAR TOO. AND WHEREAS THE CITIZENS AND VISITORS OF HENRICO COUNTY BENEFIT DAILY FROM THE KNOWLEDGE AND SKILLS OF THESE HIGHLY TRAINED EMS PROVIDERS AND WHEREAS THE HENRICO COUNTY EMS SYSTEM CONSISTING OF THE DIVISION OF FIRE, HENRICO VOLUNTEER RESCUE SQUAD, LAKESIDE VOLUNTEER RESCUE SQUAD, TUCKAHOE SQUAD AND THE DIVISION OF POLICE

[00:15:02]

IT'S SIGNED DANIEL SCHMITT, CHAIRMAN AND TANYA HARDING -- AND ATTESTED BY HARDING, OUR CLERK.

THIS PROCLAMATION I THINK -- IT'S VERY, VERY TIMELY BUT I KNOW THIS WHOLE WEEK THAT WE'RE TELLING YOU HOW MUCH WE APPRECIATE IT MAY NOT EVEN BE ENOUGH.

THANK YOU.

[APPLAUSE] >> WE ARE FOUR INDEPENDENT AGENCIES THAT WE RESPOND IN PARTNERSHIP TO TAKE CARE OF THE COMMUNITY WHEN THEY CALL 911. IT'S UNIQUE ACROSS THE COMMONWEALTH AND NATION. WHAT'S ALSO REMARKABLE IS THE FACT THAT EVEN THE VOLUNTEER AGENCIES DO NOT CHARGE FOR ANY OF THIS SERVICE AND I THINK I'D BE REMISS IF I DIDN'T POINT OUT THE FACT THAT THROUGHOUT THIS PANDEMIC, WE WERE COMPENSATED TO COME OUT AND SERVE THE COMMUNITY.

THEY WERE NOT. I THINK IT'S REALLY REMARKABLE THAT THEY STEPPED UP THE WAY THEY HAVE AND PROVIDED THIS CONTINUED -- CONTINUE TO PROVIDE TH SERVICE THROUGH THIS TRYING TIME. ANYWAY, THANK YOU FOR THE PROCLAMATION AND MY PARTNERS HERE.

DEFINITELY DESERVE THE CREDIT. THANK YOU.

>> DANIEL SCHMITT: THANKS, CHIEF.

[APPLAUSE] MR. MANAGER?

[8. APPOINTMENT ]

>> MR. CHAIRMAN, WE MOVE INTO APPOINTMENTS.

[8a. 134-21 Resolution - Appointment of Member - Historical Preservation Advisory Committee. ]

THIS BOARD PAPER WOULD APPOINT LYNN WILSON FROM THE VARINA DISTRICT THE HISTORI PRESERVATION ADVISORY COMMITTEE FOR A TERM ENDING DECEMBER 31, 2022.

MOTION WOULD BE IN ORDER. >> PATRICIA O'BANNON: MOVE THE

RESOLUTION. >> SO -- SO -- OKAY.

THERE WAS A SECOND ALREADY. >> DANIEL SCHMITT: MOTION MADE BY MS. O'BANNON. SECOND BY MR. NELSON.

THOSE IN FAVOR SAY AYE? OPPOSED? RESOLUTION CARRIES. ANY VIRTUAL SIGN-IN?

>> SHE IS UP ON THE SCREEN. >> HELLO?

>> THANK YOU, LYNN. >> ARE YOU HERE, MS. WILSON?

CAN YOU HEAR ME? >> YES, I CAN.

>> HOW ARE YOU? >> HELLO.

CONGRATULATIONS ACTUALLY. LET ME JUST ALSO SAY, I'M SO IMPRESSED. I'M SO GRATEFUL TO BE A RESIDENT OF HENRICO COUNTY. YOU GUYS HAVE JUST DONE AN AWESOME JOB IN THE LAST YEAR. IT'S REALLY COME CLEAR.

SO THANK YOU FOR THAT. >> THANK YOU, LYNN.

THANK YOU FOR SERVING. >> I'LL GET YOU TO RAISE YOUR RIGHT HAND FOR ME. I DO SOLEMNLY SWEAR THAT I'LL SUPPORT THE CONSTITUTION OF THE UNITED STATES AND THE CONSTITUTION OF THE COMMONWEALTH OF VIRGINIA AND FAITHFULLY AND IMPARTIALLY DISCHARGE AND PERFORM ALL DUTIES INCUMBENT UPON ME AS A MEMBER OF THE COMMITTEE ACCORDING TO THE BEST

OF MY ABILITY SO HELP ME GOD. >> I DO.

>> PERFECT. THANK YOU SO MUCH.

I HAVE YOUR OATH SO YOU'RE GOOD TO GO.

>> THANK YOU VERY MUCH. >> HAVE A GOOD EVENING.

>> DANIEL SCHMITT: THANK YOU, LYNN.

MR. MANAGER, AS WE MOVE INTO PUBLIC HEARINGS.

I WANT TO REMIND FOLKS TUNED IN TO PARTICIPATE IN THESE PUBLIC HEARINGS, HENRICO.US/SUPERVISORS.

GUIDANCE FOR MEETING. CLICK ON THE WEBEX EVENT LINK AND OUR MODERATOR WILL HELP OUT. ANYONE IN ATTENDANCE WILL

UTILIZE THE LECTERN IN THE BACK. >> AS WE MOVE INTO THE PORTION OF THE AGENDA, YOU'LL NOTICE THAT THERE IS SEVERAL COMPANION

[9. PUBLIC HEARINGS – REZONING CASES AND PROVISIONAL USE PERMITS ]

[9a. 99-21 REZ2020-00041 Three Chopt Hundred Acre Woods, Inc.: Request to conditionally rezone from A-1 Agricultural District to R-5AC General Residence District (Conditional) Parcel 752-773-1086 containing 33.62 acres located at the terminus of Opaca Lane. The applicant proposes a residential development of detached dwellings for sale. The R-5A District allows a maximum gross density of 6 units per acre. The use will be controlled by zoning ordinance regulations and proffered conditions. The 2026 Comprehensive Plan recommends Suburban Residential 2, density should not exceed 3.4 units per acre and Environmental Protection Area. The Planning Commission voted to recommend the Board of Supervisors grant the request. (Deferred from the April 13, 2021, meeting.) ]

[9b. 100-21 PUP2021-00006 Three Chopt Hundred Acre Woods, Inc.: Request for a Provisional Use Permit under Sections 24-13.4(c), 24-120 and 24-122.1 of Chapter 24 of the County Code to allow adjustable side setbacks for lots within the R-5A General Residence District on Parcel 752-773-1086 located at the northern terminus of Opaca Lane. The existing zoning is A-1 Agricultural District. The R-5A zoning district is proposed for the A-1 district with REZ2020-00041. The R-5A District allows a maximum gross density of 6 units per acre. The 2026 Comprehensive Plan recommends Suburban Residential 2, density should not exceed 3.4 units per acre and Environmental Protection Area. The Planning Commission voted to recommend the Board of Supervisors grant the request. (Deferred from the April 13, 2021, meeting.) ]

[00:20:06]

A PARCEL IS LOCATED AT THE TERMINUS OF OPAKA LANE.

IN THIS CASE THE APPLICANT PROPOSES A RESIDENTIAL DEVELOPMENT. THE PLANNING COMMISSION VOTED TO RECOMMEND THE BOARD OF SUPERVISORS GRANT.

AS A POINT OF INFORMATION, THIS ITEM WAS DEFERRED FROM APRIL 13.

THERE IS A COMPANION PROVISIONAL USE PERFIT TO ALLOW ADJUSTABLE SIDE SETBACKS FOR LOT WITHIN THE R-5 DESIGNATION.

AGAIN, PLANNING COMMISSION RECOMMENDED APPROVAL ON BOTH ITEMS. MS. MOORE?

>> THANK YOU, MR. MANAGER AND MEMBERS OF THE BOARD.

AS MENTIONED, THE NEXT TWO ITEMS ARE COMPAPIAN CASES.

THE FIRST IS REZ2020-00041 TO THREE CHOPT HUNDRED ACRE WOODS, INC.: REQUEST TO CONDITIONALLY REZONE FROM A-1 AGRICULTURAL DISTRICT TO R-5AC GENERAL FOR 75 DETACHED HOMES.

THE NEXT IS TO ALLOW THEM TO HAVE ADJUSTABLE SIDE YARDS.

THE PROPERTIES YOU CAN SEE CONSIST OF ONE PARCEL LOCATED AT THE TERMINUS OF OPAKA LANE. THE PROPOSED RESIDENTIAL USE ARE CONSISTENT WITH THIS DESIGNATION.

THE APPLICANT SUBMITTED PROPERS INCLUDING THIS CONCEPTUAL PLAN IN ADDITION TO OPAKA LANE, ACCESS WOULD BE PROVIDED ON A SECOND POINT FROM MAYBEEN HILL LANE TO THE SOUTH.

OTHER PROPERS INCLUDE BUILDING MATERIAL, MINIMUM SQUARE FOOTAGE, SIDEWALK, STREET TREES AND OF COURSE CONSTRUCTION HOURS. THE APPLICANT HELD A MEETING, COMMUNITY MEETING ON DECEMBER 16, 2020, WHICH WAS HELD VIRTUALLY AND ABOUT 30 PEOPLE ATTENDED.

CONCERNS RAISED REGARD TO COMPATIBILITY WITH EXISTING DEVELOPMENTS IN WINDOM, SCHOOL CAPACITY, SIDEWALKS AND TRAFFIC.

TO ADDRESS THESE CONCERNS AND TO PROVIDE A BETTER TRANSITION TO THE ADJACENT R3C DEVELOPMENTS, THE APPLICANT REVISED THE PROFFERS TO INCREASE THE MINIMUM WIDTH OF LOTS TO THE 50 REQUIRED BY CODE AND 60 TO ALL 60-FOOT LOTS.

THEY ALSO INCLUDED THAT ALL HOMES WOULD BE BUILT ON CRAWL SPACE FOUNDATION OR BASEMENTS AND ALSO PROVIDED ELEVATIONS WHICH ARE SHOWN HERE. THESE WERE A CHANGE IN PART OF THE REASON IT WAS DEFERRED FROM LAST TIME.

THE MASSING OF THE ARCHITECTURE IS ABOUT THE SAME.

BUT THE MATERIALS, THE VERTICAL BATTON IS MORE SIMILAR TO WHAT YOU'D FIND IN THE AREA. THE APPLICANT ALSO SUBMITTED APPLICATION FOR A PROVISIONAL USE PERMIT AND THIS IS TO SPECIFICALLY HAVE SIDE YARDS WHICH WOULD ALSO BE MORE COMPATIBLE WITH THE NEIGHBORHOODS IN THE AREA.

ALL THE OTHER STANDARDS IN THE R5A WOULD REMAIN THE SAME.

THAT INCLUDES SETBACKS. THERE WOULD HAVE TO BE A MINIMUM EIGHT-FOOT SIDE YARD AND ADJACENT SETBACKS TO ROADWAYS.

OVERALL, THE REQUESTS ARE CONSISTENT WITH THE RECOMMENDATION OF THE COMPREHENSIVE PLAN AND WOULD BE COMPATIBLE WITH THE RESIDENTIAL COMMUNITIES IN THE AREA.

STAFF THEREFORE SUPPORTS REZ2020-00041 WITH THE PROFFERS SUBMITTED WITH THE STAFF REPORT AND ALSO SUPPORTS PUP2021-006 WITH THE TWO RECKMAN-MINDED CONDITIONS IN THE STAFF REPORT.

-- RECOMMENDED. THE PLANNING COMMISSION RECOMMENDED APPROVAL OF BOTH REQUESTS AT THE MARCH 11TH MEETING AND AS NOTED BY THE COUNTY MANAGER, THESE ARE PRESENTED TOGETHER BUT THEY REQUIRE TWO SEPARATE ACTIONS.

THAT CONCLUDES MY PRESENTATION. >> DANIEL SCHMITT: THANK YOU, MA'AM. ANY QUESTIONS FROM MY COLLEAGUES? SEEING NONE, THIS IS A PUBLIC HEARING. IS THERE ANYONE IN THE ROOM THAT WISHES TO SPEAK TO THIS CASE? IS THERE -- ANYONE ON WEBEX?

>> THERE IS NO ONE ON WEBEX. >> DANIEL SCHMITT: ALL RIGHT.

THANK YOU, MA'AM. MR. BRANIN?

>> THOMAS BRANIN: I THINK THIS CASE CAME IN ORIGINALLY --

>> OCTOBER 2020. >> THOMAS BRANIN: 2020.

WE WORKED AND FINE TUNED AND BROUGHT THIS IN.

THE LAND WAS ALSO PROPOSED AT -- AS APARTMENTS AT ONE POINT. PROPOSED AS TOWNHOMES.

I THINK THIS IS REALLY FITTING TO THE NEIGHBORHOOD AND WITH THAT SAID, MR. CHAIR, I MOVE THAT REZ2020-00041 HUNDRED ACRE WOODS BE APPROVED WITH THE PROFFERS AND STAFF REPORT DATED

[00:25:04]

APRIL 27, 2021. >> PATRICIA O'BANNON: SECOND.

>> DANIEL SCHMITT: MOTION MADE BY MR. BRANIN AND SECOND BY MS. O'BANNON. THOSE IN FAVOR SAY AYE.

OPPOSED? MOTION CARRIES.

>> THOMAS BRANIN: THEN IS THERE ANYONE --

>> DANIEL SCHMITT: HOLD ON ONE SECOND.

APPRECIATE IT. ANYBODY IN THE ROOM WANT TO SPEAK TO THE PUP? ANYONE ON WEBEX?

>> NO ONE ON WEBEX. >> DANIEL SCHMITT: THANK YOU.

>> THOMAS BRANIN: THEN MR. CHAIR, THE COMPANION CASE PUP I MOVE THAT WE APPROVE THE PERMIT PUP2021-0006 HUNDRED WOODS WITH THE RECOMMENDED TWO CONDITIONS LISTED IN THE STAFF

REPORT. >> PATRICIA O'BANNON: SECOND.

>> DANIEL SCHMITT: THOSE IN FAVOR SAY AYE.

OPPOSE? MOTION CARRIES.

>> WE MOVE TO AGENDA ITEM 135-21 AND BEFORE YOU, THE THREE CHOPT IS THREE CHOPT HHHUNT-HANS KLINGER: REQUEST TO CONDITIONALLY REZONE FROM R-6C GENERAL RESIDENCE

[9c. 135-21 REZ2021-00012 Three Chopt HHHunt-Hans Klinger: Request to conditionally rezone from R-6C General Residence District (Conditional) and O-2C Office District (Conditional) to R-6C General Residence District (Conditional) Parcels 740-766-2619 and 740-766-6112 and part of Parcels 740-765-3690, 740-766-3730, 739-766-9016, 739-766-9601 containing 8.675 acres located on the north line of Twin Hickory Lake Drive approximately 263’ east of its intersection with Pouncey Tract Road (State Road 271). The applicant proposes residential condominiums as an expansion of rezoning approved with REZ2020-00029. The R-6 District allows no more than 19.8 units per acre. The use will be controlled by zoning ordinance regulations and proffered conditions. The 2026 Comprehensive Plan recommends Office. The site is in the West Broad Street Overlay District. The Planning Commission voted to recommend the Board of Supervisors grant the request. ]

THE PARCELS ARE LOCATED ON TWIN HICKORY LAKE DRIVE APPROXIMATELY 263 FEET EAST OF THE INTERSECTION WITH POUNCEY TRACK ROAD. PLANNING COMMISSION VOTED TO RECOMMEND APPROVAL BY THE BOARD OF SUPERVISORS FOR THIS ITEM.

MS. MOORE? >> THANK YOU, AGAIN.

THIS ITEM YOU RECENTLY SAW LAST YEAR.

THIS IS A REQUEST TO EXPAND THE R-C LOCATED AT THE NORTHEAST INTERSECTION OF POUNCEY TRACT ROAD AND TWIN HICKORY DRIVE.

IT WAS REZONED R-6C TO CONSTRUCT 90 CAPDO UNITS.

THE APPLICANT HAS ACCESS TO PURCHASE THIS PROPERTY TO THE EAST AND IT'S ADJACENT TO HICKORY WOODS AND THEY'D LIKE TO MOVE TO THE WIST -- THE WEST A QUARTER ACRE.

THIS WOULD ALLOW FOR 15 ADDITIONAL CONDOMINIUMS. THAT WOULD BE 105. AND TO ALSO BETTER ACCOMMODATE WETLANDS FOUND ON THE SITE AND HERE.

THERE IS ALSO A NEW PROFFER TO INSTALL A 35-FOOT WIDE TRANSITIONING BUFFER ALONG THE EASTERN PROPERTY LINE.

ALL THE OTHER PROFFERS EXCEPT WITH THE ORIGINAL CASE WOULD REMAIN THE SAME INCLUDING HOURS OF OPERATION, ROAD IMPROVEMENTS, LIGHTING, UNIT SIZE, EXTERIOR MATERIALS AND ELEVATIONS SO JUST AS A RECAP HERE, THE 2026 COMPREHENSIVE PLAN RECOMMENDS OFFICE USE BUT THE REQUEST WOULD BE REASONABLE CONSIDERING THE EXISTING R-6 ZONING ON THE SITE AND IT WOULD BE COMPATIBLE WITH THE ADJACENT RESIDENTIAL USES. FOR THESE REASONS, STAFF SUPPORTS THE REQUEST AND NOTED THE PLANNING COMMISSION RECOMMENDED APPROVAL AT THE APRIL 15, 2021 PUBLIC HEARING.

THIS CONCLUDES MY PRESENTATION. HAPPY TO ANSWER ANY QUESTIONS

YOU HAVE. >> DANIEL SCHMITT: THANK YOU, MS. MOORE. ANY QUESTIONS? SEEING NONE. THIS IS A PUBLIC HEARING.

ANYONE IN THE ROOM THAT WISHES TO SPEAK TO OR AGAINST THIS CASE? ANYONE ON WEBEX?

>> THERE IS NO ONE ON WEBEX. >> DANIEL SCHMITT: THANK YOU, MA'AM. MR. BRANIN?

>> THOMAS BRANIN: IF I MAY, REPRESENTATIVE -- IT'S FINE HE COMES DOWN. I'D PREFER YOU TO COME.

THIS IS NOTHING ACTUALLY TO DO WITH THE CASE.

THIS IS TO DO WITH THE TOTAL PROJECTB IN ITSELF.

I NEED AN ANSWER BECAUSE I KEEP GETTING ASKED SO I'M GOING TO

GET THE ANSWER FROM YOU TONIGHT. >> SURE.

HANS KLINGER WITH HH HUNT. >> THOMAS BRANIN: HICKORY IS BESIDES THEMSELVES BECAUSE OF THIS DEVELOPMENT CHANGING THE LANDSCAPING. I TALKED TO THE HOA A HUNDRED TIMES AND EXPLAINED TO THEM THE PROFFER IS IN THERE.

ANY TREE YOU REMOVE YOU'RE PUTTING BACK, SAME TREE, AS CLOSE TO SIZE AS POSSIBLE. CORRECT?

>> WE WILL REPLANT WHAT IS TAKEN OUT BEFORE THE TURN LANE, YES.

>> THOMAS BRANIN: TO MIMIC EXACTLY.

>> UNFORTUNATELY THE TREES WERE PLANTED 20 YEARS AGO, SO THEY'RE

A LITTLE BIT -- >> THOMAS BRANIN: AS CLOSE AS POSSIBLE. CORRECT.

THE SECOND ONE IS WHEN DO YOU START THE ROAD IMPROVEMENTS?

>> THE ROAD IMPROVEMENTS ARE REQUIRED FOR THE CASE, SO WE'LL START THOSE IN CONJUNCTION WITH EVERYTHING ELSE.

WE'RE GOING THROUGH PLAN APPROVALS NOW.

WE HAVE TO DO A LITTLE CLEANUP OF THE AMENDMENT.

[00:30:06]

SO PROBABLY NEXT YEAR. >> THOMAS BRANIN: THANK YOU, SIR. MR. CHAIR, WITH THAT I MOVE THAT WE APPROVE REZ2021-00012 WITH THE PROFFERS IN THE STAFF REPORTED DATED DECEMBER 17, 2020.

>> DANIEL SCHMITT: MOTION MADE BY MR. BRANIN AND SECONDED BY MR. NELSON. ALL THOSE IN FAVOR SIGNIFY BY SAYING AYE. ANY OPPOSED? REZONE -- PASSES. MS. MOORE?

[9d. 136-21 REZ2021-00016 Three Chopt Bacova SP, LLC: Request to conditionally rezone from R-5AC General Residence District (Conditional) to C-1C Conservation District (Conditional) part of Parcel 737-767-9448 containing 0.18 acres located approximately 820’ north of Liesfeld Farm Drive at its intersection with Mason Glen Drive. The applicant proposes a conservation area. The uses will be controlled by zoning ordinance regulations and proffered conditions. The 2026 Comprehensive Plan recommends Suburban Mixed-Use, density should not exceed 4 units per acre. The Planning Commission voted to recommend the Board of Supervisors grant the request. ]

. >> THE PLANNING COMMISSION VOTED TO RECOMMEND YOU GRANT THIS NEXT REQUEST.

>> I THINK YOU JUST PRESENTED THE CASE.

THE PROPERTY WAS ORIGINALLY REZONED TO R-5AC BY REZ2019-00030 TO DEVELOP WOODSON HILLS WITHIN THE LARGER COMMUNITY. THE PROFFERS ACCEPTED WITH THAT CASE SPECIFICALLY PROPER 23 REQUIRES THAT ANY AREAS WITHIN 100 YEAR FLOOD PLANE BE REZONED TO (INAUDIBLE) AND THE APPLICANT SUBMITTED A PROFFER TO FURTHER LIMIT THE USE OF THE LAND TO THOSE THAT HAVE MINIMUM PENVIRO. THE 2026 COMPREHENSIVE PLAN RECOMMENDS SUBURBAN MIXED USE AND WOULD SUPPORT THE PLAN OF MAINTAINING OPEN SPACE AND PRESERVING NATURAL RESOURCES.

THE REQUEST WOULD ALSO SATISFIED THE INTENT OF PROFFER 23 ACCEPTED WITH THE ORIGINAL CASE. STAFF RECOMMENDS APPROVAL OF THIS REQUEST -- APPROVAL OF THE REQUEST AND PLANNING COMMISSION RECOMMENDED APPROVAL AT THE APRIL 15 MEETING.

THAT CONCLUDES MY PRESENTATION. >> DANIEL SCHMITT: THANK YOU, MA'AM. ANY QUESTIONS? SEEING NONE THIS SAPUBLIC HEARING.

ANYONE IN THE ROOM? YES, MA'AM? YES, MA'AM. IF YOU WOULD JSH STATE YOUR NAME

AND ADDRESS FOR THE RECORD. >> MY NAME IS BOBBY SANDBIG.

12001 CANE ROAD. I'M NOT OPPOSING.

I'M JUST CHALLENGING THAT MY PROPERTY WILL BE AFFECTED.

MORE SO THAN IT IS ALREADY. FROM TREE REMOVALS, CLEANING UP.

I HAVE AN AWFUL TIME SINCE THEY STARTED AT THE TOP OF THE HILL WITH MY WETLANDS. I'M HAVING PEOPLE COME IN JUNE TO EVALUATE WHAT'S GOING ON AND HELP ME FIGURE OUT HOW I CAN IMPLEMENT AND ENRICH MY WETLANDS.

I HAVE A QUARTER ACRE OR SO OF WETLANDS BEHIND MY HOME.

I'M WORRIED -- I'M NOT SURE WHAT IS GOING ON BEHIND ME.

I HEAR -- ARE IT THEY PUTTING IN HOUSES OR JUST NATURAL? TODAY MR. -- THE DEVELOPER CALLED ME AND SAID WE WOULD GET TOGETHER. SO -- AND WALK THE PROPERTY BUT HE TRIED TO GET IN TOUCH WITH ME ONCE BEFORE.

SO ANYWAY. I'M JUST CURIOUS AND WANT TO MAKE SURE THAT THEY SAY THEY -- THE DEVELOPMENT WILL NOT HAVE ADVERSE CONDITIONS TO MY PROPERTY, BUT WHO IS TO SAY THAT THEY DO AND HOW MUCH THEY'VE DONE.

IS THAT ON MY PLATE TO BE RESPONSIBLE? I'VE TAKEN PICTURES, DOCUMENTING A LOT.

I'M HAVING PEOPLE COME OUT TO MY PROPERTY.

I WANT TO MAKE SURE MY PROPERTY IS NOT AFFECTED BY THE

DEVELOPMENT. >> DANIEL SCHMITT: THANK YOU,

MA'AM. >> THOMAS BRANIN: GENE, CAN YOU EXPLAIN WHAT THIS IS -- MA'AM, THIS IS MAKING THIS LAW THAT THIS AREA CAN NEVER BE DEVELOPED AND WILL REMAIN A WETLAND.

SO YOU -- I DON'T KNOW WHAT ELSE TO SAY.

IF YOU'RE HAVING ISSUES WITH YOUR PROPERTY, WE NEED TO KNOW THAT. GENE, IF YOU COULD ABSOLUTELY GET WITH MS. SANDBIG AND FIND OUT WHAT IS GOING ON AND GET SOMEONE OUT TO REVIEW. IF THERE IS RUNOFF COMING FROM A PROJECT, IT'S NOT SUPPOSED TO BE WITH DRAINAGE PLANS.

WE NEED TO KNOW. SO GENE WILL GET WITH YOU.

BUT THIS CASE IS LOCKING THAT LAND INTO CONSERVATION FOREVER.

>> WELL, THE WAY I UNDERSTOOD, HE WAS GOING TO MAKE TRAILS.

I MEAN, I UNDERSTOOD THAT HE WAS GOING TO MAKE TRAILS, BUT I WAS AT THE FIRST MEETING ON MAY -- APRIL 15 AND PRESENTED

[00:35:01]

I HAVE PICTURES. MS. O'BANNON WAS AT THAT ONE.

I SHOWED PICTURES. I CONTINUE TO HAVE IT BECAUSE IT'S LOWER. SO OF COURSE I'M HAVING AN -- LIKE I SAY, THE CORPS OF ENGINEERS TURNED IT OVER TO HENRICO COUNTY. I'VE BEEN IN TOUCH WITH EVERY AGENCY AND THEY GO, YEAH, THIS IS A PROBLEM.

AND THAT'S AS FAR AS WE GOT. SO I GOT, YOU KNOW, CALLING CARDS FROM ABOUT THREE DIFFERENT AGENCIES FROM THE COUNTY AND MOSQUITO CONTROL AND SO FORTH. BUT YEAH.

I'M HAVING TROUBLES. >> THOMAS BRANIN: ALL RIGHT.

CAN YOU -- THAT -- IN REGARDS TO THIS BEING CONSERVATION AREA,

YOU'RE NOT IN OBJECTION. >> I'M NOT IN OBJECTION TO THE

HOMES EITHER. >> THOMAS BRANIN: I'M COMFORTABLE MAKING A MOTION. THIS IS OUR DIRECTOR OF PUBLIC WORKS IN CHARGE OF ENVIRONMENTAL, ROADS, EROSION, HE WILL GET WITH YOU AS WELL. RIGHT NOW.

SO WE CAN -- YOU'LL HAVE PEOPLE AT YOUR HOUSE TOMORROW.

I PROMISE. >> OKAY.

I'M AGAIN -- ALL I WANT TO DO IS TAKE CARE OF MY PROPERTY.

THANK YOU. APPRECIATE YOUR HELP.

>> DANIEL SCHMITT: ANYONE ELSE IN THE ROOM THAT WISHES TO SPEAK TO THIS CASE? ANYONE ON WEBEX?

>> THERE IS NO ONE ON WEBEX. >> DANIEL SCHMITT: THANK YOU.

>> THOMAS BRANIN: I MOVE THAT WE APPROVE REZ2021-001 6 WITH PROFFERS IN THE STAFF REPORT DATED FEBRUARY 3, 2021.

>> TYRONE NELSON: SECOND. ANY ALL THOSE IN FAVOR SAY AYE.

OPPOSED? MOTION CARRIES.

>> WE MOVE ON TO AGENDA ITEM, STANLEY MARTIN HOMES LLC WITH A REQUEST TO CONDITIONALLY REZONE FROM R-6C TO C-1C.

[9e. 137-21 REZ2021-00017 Three Chopt Stanley Martin Homes, LLC: Request to rezone from R-6C General Residence District (Conditional) to C-1 Conservation District part of Parcel 730-765-6508 containing 1.4 acres approximately 300’ south of W. Broad Street (U.S. Route 250) and approximately 500’ west of the intersection of Vinery Avenue and Purbrook Lane. The applicant proposes a conservation area. The uses will be controlled by zoning ordinance regulations. The 2026 Comprehensive Plan recommends Environmental Protection Area. The site is in the West Broad Street Overlay District. The Planning Commission voted to recommend the Board of Supervisors grant the request. ]

>> THANK YOU AGAIN. THE SUBJECT SITE IS LOCATED WITHIN WEST GATE SQUARE ON THE SOUTH SIDE OF WEST BROAD STREET AND TO THE SOUTH. THE RECENTLY CONDUCTED HAMPTON INN AND SUITES IS LOCATE TODAY THE EAST.

THERE WAS 23 ACRES REZONED TO DEVELOP RESIDENTIAL AND COMMERCIAL USES. PROFFER 8 ACCEPTED WITH THE CASE REQUIRES ANY AREAS WITHIN 100 YEAR FLOOD PLAIN TO BE REZONED TO THE CONSERVATION DISTRICT IS. THE 2026 COMPREHENSIVE PLAN RECOMMENDS ENVIRONMENTAL PROTECTION AREA FOR THE SITE.

THIS REQUEST WOULD BE CONSISTENT WITH THAT DESIGNATION AND THE APPROVAL WOULD SATS FIGHT PROFFER 8 ACCEPTED WITH THE ORIGINAL CASE. STAFF RECOMMENDS APPROVAL OF THIS CASE. AS NOTED, THE PLANNING COMMISSION RECOMMENDED APPROVAL AT THE APRIL 15 MEETING.

THIS CONCLUDES MY PRESENTATION. >> DANIEL SCHMITT: ANY QUESTIONS? THIS IS A PUBLIC HEARING.

ANYONE IN THE ROOM THAT WISHES TO SPEAK TO THE CASE?

ANYONE ON WEBEX? >> THERE IS NO ONE ON WEBEX.

>> DANIEL SCHMITT: THANK YOU. MR. BRANIN?

>> THOMAS BRANIN: I MOVE THAT WE APPROVE REZ2021-00017 STANLEY

MARTIN HOMES. >> PATRICIA O'BANNON: SECOND.

>> DANIEL SCHMITT: ALL THOSE IN FAVOR SAY AYE.

OPPOSED? MR. MANAGER?ES.-

>> 138-21 TRANSITION TUESDAY THE VARINA DISTRICT.

RICHARD SMITH WITH A REQUEST TO CONDITIONALLY REZONE FROM B-2 BUSINESS DISTRICT TO B-3C BUSINESS DISTRICT.

PARCEL CONTAINING 6.62 ACRES LOCATED ALONG THE NORTH LINE OF

[9f. 138-21 REZ2021-00018 Varina Richard Smith: Request to conditionally rezone from B-2 Business District to B-3C Business District (Conditional) Parcel 804-723-9088 containing 6.62 acres located along the north line of Gordons Lane approximately 200’ north of its intersection with Nine Mile Road (State Route 33). The applicant proposes glass shop assembly and storage. The uses will be controlled by zoning ordinance regulations and proffered conditions. The 2026 Comprehensive Plan recommends Traditional Neighborhood Development and Environmental Protection Area. This site is located in the Enterprise Zone. The Planning Commission voted to recommend the Board of Supervisors grant the request. ]

BEN? >> THANK YOU, MR. MANAGER, MR. CHAIRMAN AND MEMBERS OF THE BOARD.

THIS REQUEST IS TO REZONE TO B-3C TO ALAW FOR A GLASS SHOP JUST NORTH OF NINE MILE ROAD. THE SITE IS ADJACENT TO OTHER BUSINESS OWNED PROPERTIES AND SEPARATED BY A WOODED ENVIRONMENTAL AREA TO THE NORTH. THE APPLICANT PROVIDED PROFFERS WHICH GENERALLY LIMIT THE SITE TO THE EXISTING B-2 USES AND DEVELOPMENT STANDARDS. THIS INCLUDES LIMITING HOURS OF OPERATION AND SIGNAGE. THE APPLICANT PROVIDED PROFFERS ADDRESSING FUTURE BUILDINGS AND THE POSSIBLE EXPANSION OF A STORAGE AREA ON THE SITE. WHILE NOT CONSISTENT ON THE 2026 PLAN, THE PROPOSED ZONING AS LIMITED BY THE PROFFERS WOULD

[00:40:02]

>> DANIEL SCHMITT: ANY QUESTIONS FOR BEN? SEEING NONE. ANYONE IN THE ROOM THAT WISHES TO SPEAK? ANYONE ON WEBEX?

>> THERE NO ONE ON WEBEX. >> DANIEL SCHMITT: THANK YOU, MA'AM. MR. NELSON?

>> TYRONE NELSON: MOVE THAT WE APPROVE PUP -- RIGHT? NO. PROVISIONAL USE PERMIT REZ2021-00018 RICHARD SMITH WITH THE PROFFERS IN THE STAFF REPORT

DATED APRIL 14, 2021. >> THOMAS BRANIN: SECOND.

>> DANIEL SCHMITT: ALL THOSE IN FAVOR SAY AYE.

ANY OPPOSED? MOTION CARRIES.

MR. MANAGEER? THE NEXT THREE CASES, 139-21140 AND 141-21 ARE ALL THE SAME APPLICANT BUT MR. SEAL IS GOING TO PRESENT 139-21 AND 140-21 AS COMPANION CASES AND THEN ASK

[9g. 139-21 REZ2021-0003 Fairfield RJM Land, LLC: Request to conditionally rezone from A-1 Agricultural District to R-5AC General Residence District (Conditional) on Parcels 775-767-7623, 775-767-9166, 775-768-6111, 775-768-3432, and 775-768-0741 containing 29.27 acres located on the north line of Mountain Road, approximately 400’ west of Woodman Road. The applicant proposes detached dwellings for sale. The R-5A District allows an overall maximum density of 6 units per acre. The use will be controlled by zoning ordinance regulations and proffered conditions. The 2026 Comprehensive Plan recommends Suburban Residential 1, density should not exceed 2.4 units per acre, and Environmental Protection Area. The Planning Commission voted to recommend the Board of Supervisors grant the request. ]

SO MR. SEAL? IF YOU'D DIVE INTO 139-21,

PLEASE. >> THANK YOU AGAIN, MR. MANAGER.

AS STATED BY THE MANAGER THIS REQUEST IS MADE UP OF TWO CASES INCLUDING A REZONING APPLICATION FROM A1 TO R-5AC AND A COMPANION PROVISIONAL USE PERMIT. THE APPLICANT REQUESTED THE ZONING CHANGE TO ALLOW PROPOSED LOT, 79 LOT RESIDENTIAL S SUBDIVISION. THE PROVISIONAL USE PERMIT WOULD BE ALLOWED TO PUT THEM ON THE LOT.

I WOULD NOTE THAT SEPARATE ACTIONS WOULD BE NECESSARY ON THESE REQUESTS. THE REQUEST CONSISTS OF FIVE LOTS NORTH OF MOUNTAIN ROAD ALL ZONED A-1 INCLUDING THE PROPERTY KNOWN AS THE GREEN HOUSE PROPERTY ADJACENT TO MOUNTAIN ROAD. THE OTHER CORE PROPERTIES ARE TO THE NORTH AND WEST WITH LAUREL WEST AND ZONED R-2A.

[9h. 140-21 PUP2021-00008  Fairfield RJM Land, LLC: Request for a Provisional Use Permit under Sections 24-13.4(c), 24-120 and 24-122.1 of Chapter 24 of the County Code to allow adjustable side yard setbacks for lots within the R-5A General Residence District on Parcels 775-767-7623, 775-767-9166, 775-768-6111, 775-768-3432, and 775-768-0741 located on the north line of Mountain Road, approximately 400’ west of Woodman Road. The existing zoning is A-1 Agricultural District. The R-5A zoning district is proposed for the A-1 District with REZ2021-00003. The 2026 Comprehensive Plan recommends Suburban Residential 1, density should not exceed 2.4 units per acre and Environmental Protection Area. The Planning Commission voted to recommend the Board of Supervisors grant the request. ]

AS SHOWN ON THE CONCEPTUAL PLAN THERE WOULD BE A SINGLE ENTRANCE SERVING THE PROPERTIES. THE APPLICANT WOULD BE ABLE TO DEVELOP 50 LOTS AT THIS TIME. THE CONCEPT PLAN SHOWS WHICH 50 LOTS WHICH WILL BE DEVELOPED WHICH IS THE LINE RIGHT HERE IN THIS AREA. AND WHERE THE TEMPORARY CUL-DE-SACS WILL BE LOCATED TO STABILIZE THE PROPERTY UNTIL A SECOND POINT OF ACCESS CAN BE ESTABLISHED.

ONCE THAT'S ESTABLISHED THE APPLICANT COULD MOVE FORWARD WITH THE ADDITIONAL 29 BUILDING LOTS.

THE APPLICANT SUBMITTED REVISED PROFFERS AFTER THE PLANNING COMMISSION. IT ADDRESSED MANY TOPICS IN THE STAFF REPORT SUCH AS HOUSE SIZE, MATERIALS, GARAGES, SIDEWALKS, STREET TREES, HOURS OF CONSTRUCTION AND FLOOD PLAIN.

AND THIS WOULD INCLUDE A TREE SAVE AREA ON THE LOTS TO BE ADHERED TO AT THE TIME OF CONSTRUCTION.

THE APPLICANT IS SPECIFICALLY STATED THAT NO FUTURE CONNECTIONS WILL BE MADE TO THE ROADS IN THIS AREA HERE.

THIS WOULD PRECLUDE THEM FROM OBTAINING A SECOND POINT OF EYEBALLING SES AT THIS TIME. TO BUILD THE ADDITIONAL LOTS SO THEY'D NEED TO FIND A SECONDARY POINT OF ACCESS AT A DIFFERENT LOCATION. THE APPLICANT ALSO AGREED TO PROVIDE A TRAIL NETWORK AND FACILITY FOR COMMUNITY GATHERINGS WITHIN THE DEVELOPMENT.

THE COMPREHENSIVE PLAN RECOMMENDS SUBURBAN RESIDENTIAL 1 AND ENVIRONMENTAL PROTECTION AREA ON VARIOUS PORTIONS OF THE ENTIRE SITE. WITH DETACHED HOMES AND AN OVERALL DENSITY OF 2.7 UNITS PER ACRE IT'S SLIGHTLY ABOVE THE RECOMMENDED DENSE NICHE HOWEVER, WITH THE INCLUSION OF THE ACCOMPANYING CASE IT FALLS TO 2.4 UNITS PER ACRE WHICH IS CONSISTENT OF THE DESIGNATION ON THE 2026 PLAN.

THE APPLICANT ATTEMPTED TO ADDRESS THE CONCERNS OF STAFF AND THOSE VOICED BY CITIZENS AT BOTH COMMUNITY MEETINGS ON MARCH 22 AND PLANNING COMMISSION PUBLIC HEARING INCLUDING CONCERNS REGARDING FUTURE ROAD CONNECTIONS, PHASING AND THE TREATMENT ALONG THE EXISTING SUBDIVISIONS TO THE WEST.

FOR THESE REASONS STAFF SUPPORTS THE REQUESTS.

AND THE PLANNING COMMISSION RECOMMENDED APPROVAL OF THE MEETING APRIL 15. THAT CONCLUDES MY PRESENTATION AND I'D BE HAPPY TO TRY AND ANSWER QUESTIONS AT THIS TIME.

>> DANIEL SCHMITT: ANY QUESTIONS FOR BEN? SEEING NONE. ANYONE IN THE ROOM WISH TO SPEAK TO THIS CASE? ANYONE ON WEBEX?

>> THERE IS NO ONE ON WEBEX. >> DANIEL SCHMITT: THANK YOU, MA'AM. MR. THORNTON?

>> FRANK THORNTON: MOVE THAT WE APPROVE REZ2021-000 T3 RJM LAND

[00:45:05]

2021. >> PATRICIA O'BANNON: SECOND.

>> DANIEL SCHMITT: ALL THOSE IN FAVOR SAY AYE.

ANY OPPOSED? MOTION CARRIES.

MR. MANAGER? I'M SORRY.

MR. SEAL? >> I BELIEVE THERE IS --

>> 140-21. >> I THINK THERE IS AN ADDITIONAL MOMENT ON THE COMPANION PROVISIONAL USE.

>> DANIEL SCHMITT: ANY QUESTIONS ON THE PUP? ANYONE IN THE ROOM? ANYONE ON WEBEX?

>> THERE IS NO ONE ON WEBEX. >> DANIEL SCHMITT: THANK YOU, MA'AM. MR. THORNTON?

>> FRANK THORNTON: OKAY, MR. CHAIRMAN.

I MOVE THAT PUP20 PUP2021-000 -- THAT'S 0000 EI8 RJM LAND LLC WITH THE TWO CONDITIONS LISTED IN THE STAFF REPORT BE APPROVED.

>> PATRICIA O'BANNON: SECOND. >> DANIEL SCHMITT: MOTION MADE BY MR. THORNTON AND SECONDED BY MR. NELSON.

THOSE IN FAVOR SAY AYE. OPPOSED? PUP CARRIES. MR. SEAL?

>> THE NEXT CASE, AGAIN, 141-21 IS RJM LAND LLC.

THIRD CASE IN WHICH THE APPLICANT PROPOSES DETACHED DWELLINGS FOR SALE WITH ZERO LOT LINES.

RECOMMENDATION FROM THE PLANNING COMMISSION WAS THE BOARD APPROVE THIS. MR. SEAL?

>> THANK YOU AGAIN, MR. MANAGER. THE APPLICANT HAS PROPOSED SEVEN

[9i. 141-21 REZ2021-00004 Fairfield RJM Land, LLC: Request to conditionally rezone from R-3C One-Family Residence District to R-5AC General Residence District (Conditional) Parcel 774-766-8746 containing 7.52 acres located on the south line of Mountain Road, approximately 950’ west of Woodman Road. The applicant proposes detached dwellings for sale with zero lot lines. The R-5A District allows a maximum gross density of 6 units per acre. The use will be controlled by zoning ordinance regulations and proffered conditions. The 2026 Comprehensive Plan recommends Suburban Residential 2, density should not exceed 3.4 units per acre, and Environmental Protection Area. The Planning Commission voted to recommend the Board of Supervisors grant the request. ]

THE DEVELOPMENT YOU JUST APPROVED WOULD NOT BE COVERED BY THE PROVISIONAL USE PERMIT ALSO APPROVED MEANING THE DEVELOPMENT WOULD CONSIST OF STANDARD R-5A AND STANDARD DWELLINGS.

THIS PARCEL WAS PREVIOUSLY ZONED R-3.

THIS REQUEST WOULD REDUCE THE NUMBER FROM 10 TO 7 LOTS.

TO THE WEST IS THE MOUNTAIN GLEN SUBDIVISION.

ADJACENT SUBDIVISIONS INCLUDE ADDITIONAL R-3 DEVELOPMENTS AS WELL AS THE WOODMAN GLEN TOWNHOUSE DEVELOPMENT TO THE EAST. THERE WOULD BE ONE ENTRANCE SERVING THE PROPERTY. FOCUSED ON THIS AREA HERE.

WITH A LONGER DRIVEWAY TO THE REAR.

THE PROFFERS ADDRESS THE SAME CONCERNS AND ITEMS NOTED IN THE PREVIOUS REQUESTS INCLUDING HOMES, PROPERTY AMENITIES SUCH AS SIDEWALKS AND REZONE OF THE FLOOD PLAIN AREA.

THEY DO HAVE THE SAME PROTECTIONS REGARDING TREE SAVE AREAS ALONG THE WESTERN PROPERTY LINE.

OTHER PROFFERS ENSURE THE SECTIONS WOULD BE INCORPORATED INTO ONE HOA. THIS WOULD ALSO PROVIDE ACCESS TO THOSE AMENITIES NORTH OF MOUNTAIN ROAD THAT I DESCRIBED IN THE PREVIOUS REQUEST. THE PLAN RECOMMENDS THE EPA AND WITH DETACHED HOMES AND OVERALL DENSITY LESS THAN ONE UNIT PER ACRE. THE REQUEST DOES FIT THE RECOMMENDATION AND ADDRESSES THE CONCERNS NOTED BY STAFF AND THE PLANNING COMMISSION PREVIOUSLY AND THE COMMUNITY THROUGH THE TREE SAVE AREA PROFFER AND FOR THOSE RENASONS STAFF DOES RECOMMEND APPROVAL AND THE PLANNING COMMISSION RECOMMENDED APPROVAL ADD THE APRIL 15 MEETING AND I'D BE HAPPY TO ANSWER ANY QUESTIONS AT THIS TIME.

>> DANIEL SCHMITT: ANY QUESTIONS FOR MR. SEAL? SEEING NONE. ANYONE ON WEBEX?

>> THERE IS NO ONE ON WEBEX. >> I MOVE WE APPROVE REZ2021-0004, RJM LAND LLC WITH THE PROFFERS IN THE STAFF REPORT

DATED APRIL 22, 2021. >> PATRICIA O'BANNON: SECOND.

>> DANIEL SCHMITT: MOTION MADE BY MR. THORNTON.

SECONDED BY MS. O'BANNON. MOTION CARRIES.

MR. MANAGER? >> STAYING WITHIN THE FAIRFIELD DISTRICT THE NEXT TWO CASES ARE COMPANION CASES.

142-21 AND 143-21 AND BEFORE YOU, IS VCC PARTNERS LLC AND SHAMIN VCC LCC WITH A REQUEST TO REZONE FROM B-3 BUSINESS TO R-6C

[9j. 142-21 REZ2021-00021 Fairfield VCC Partners LLC and Shamin VCC LLC: Request to conditionally rezone from B-3C Business District (Conditional) to R-6C General Residence District (Conditional) Parcel 784-771-9755 containing 7.670 acres located approximately 800’ east of Brook Road (U.S. Route 1) at its intersection with Magnolia Ridge Drive. The applicant proposes a master-planned community. The R-6 District allows a maximum gross density of 19.8 units per acre. The uses will be controlled by zoning ordinance regulations and proffered conditions. The 2026 Comprehensive Plan recommends Commercial Arterial. The Planning Commission voted to recommend the Board of Supervisors grant the request. ]

[9k. 143-21 PUP2021-00007 Fairfield VCC Partners LLC and Shamin VCC LLC: Request for a Provisional Use Permit under Sections 24-36.1(b) 24-120 and 24-122.1 of Chapter 24 of the County Code to allow a master-planned community on Parcel 784-771-9755 located approximately 800’ east of Brook Road (U.S. Route 1) at its intersection with Magnolia Ridge Drive. The existing zoning is B-3C Business District (Conditional). R-6C zoning district is proposed for with REZ20201-00021. The 2026 Comprehensive Plan recommends Commercial Arterial. The Planning Commission voted to recommend the Board of Supervisors grant the request. ]

THE ASSOCIATED PUP IS TO ALLOW FOR A MASTER PLAN COMMUNITY ON

[00:50:04]

MR. SEAL? >> THANK YOU, MR. MANAGER.

THESE ITEMS WOULD ALLOW FOR THE DEVELOPMENT OF UP TO 500 APARTMENT UNITS FOR A J.C. PENNEY DEPARTMENT STORE AND ASSOCIATED PARKING AT VIRGINIA COMMONS MALL.

THE BOARD DID RECENTLY APPROVE THE CONSTRUCTION OF UP TO 75 TOWNHOMES ON PROPERTY JUST TO THE WEST AS SHOWN ON THE OVERALL MASTER PLAN. THIS IS THE SUBJECT SITE THIS EVENING. THE COMPANION PROVISIONAL USE PERMIT WOULD ALLOW FOR THE MODIFICATION OF SETBACK, DENSITY AND BUILDING HEIGHT AND THE MORE URBAN STREET SCAPE IN VISION WITH THE MALL SITE. THIS REDEVELOPMENT IN THE INTRODUCTION OF RESIDENTIAL USES AT VCC AS WELL AS THE MORE URBAN DESIGN FEATURE FOCUSED ON CREATING A PEDESTRIAN-FRIENDLY MIXED USE COMMUNITY WAS A RESULT OF THE DESIGN PROCESS THAT BROUGHT TOGETHER PROPERTY OWNERS AND OTHERS IN THE AREA.

IT RESULTED IN A VISION FOR MIXED USE DEVELOPMENT OF VCC ANTICIPATED TO BE INCORPORATED INTO THE ONGOING ZONING AND SUBDIVISION ORDINANCE UPDATES WHICH ARE EXPECTED TO BE ADOPTED LATER THIS YEAR. THE APPLICANT PROPOSED TO DEVELOP THE SITE WITH RESIDENTIAL USES IN A MANNER CONSISTENT WITH THE PROPOSED OVLAY DISTRICT WITH PROFFERS AND CONSISTENT WITH THE MASTER PLAN PROCESS UNDER RECENT CHANGES TO THE DISTRICT THE (INAUDIBLE) PERMIT CAN BE MADE FOR A MASTER PLAN WITH ALLOWANCES FOR HIGHER DENSITY, FLEXIBILITY AND SETBACKS AND PARKING STANDARDS AND BUILDING HOOHEIGHT.

-- HEIGHT. THE PUP PROVIDES FOR STREET SCAPES AND DESIGN CONSISTENT WITH THE DRAFTOVERLAY DISTRICTS AND IN ADDITION TO THE CONCEPT PLAN THE PROFFERS CAN PROVIDE COMMITMENTS REGARDING ARCHITECTURE, BUILDING MATERIALS, LIGHTING AND LANDSCAPING.

THE PROFFERS ALONG WITH THE COMP COMPANION PROFFER WOULD HAVE SETBACKS FOR THE PROPERTY.

STAFF BELIEVES THE REQUEST IS REASONABLE AND WOULD BE CONSISTENT WITH THE DESIGN. THE PROFFERS AND PUP CONDITIONS SHOULD HELP ENSURE THE HIGH QUALITY DEVELOPMENT OF THE PROPERTY AND NEGATIVE IMPACTS ARE NOT ANTICIPATED FROM THE DEVELOPMENT OF THE SITE. BECAUSE OF THE NATURE OF THE DEVELOPMENT IMMEDIATELY ADJACENT NO COMMUNITY MEETING WAS HELD.

HOWEVER, THE APPLICANT DID SEND INFORMATION TO APPROXIMATELY 65 HOME OWNERS INCLUDING THOSE ALONG ETHYLWOOD ROAD IN THE HOLLY HILL AREA NEIGHBORHOOD. STAFF RECOMMENDS APPROVAL OF BOTH REQUESTS AND PLANNING COMMISSION RECOMMENDED APPROVAL AT THE APRIL 15 MEETING. THAT CONCLUDES MY PRESENTATION AND I'M HAPPY TO ANSWER QUESTIONS AT THIS TIME.

>> DANIEL SCHMITT: ANY QUESTIONS FOR MR. SEAL? SEEING NONE THIS IS A PUBLIC HEARING.

ANYONE IN THE ROOM THAT ISH WITHS TO SPEAK TO THIS CASE? YES, SIR? -- WISHES TO SPEAK?

>> MR. MANAGER, MR. CHAIRMAN, MEMBERS OF THE BOARD, MY NAME IS ROB HARGIT WITH THE RED KEY COMPANY AND I WANTED TO THANK YOU FOR EXPEDITING THIS REQUEST AHEAD OF THE FORM-BASED CODE.

AND NOT JUST YOU FOLKS BUT ALL THE FOLKS THAT HAVE WORKED ON THE WHOLE PROCESS OF PUTTING THIS IN FRONT OF YOU.

PLANNING, TRAFFIC, PUBLIC WORKS, COMMUNITY DEVELOPMENT, REAL ESTATE ASSESSOR AND THE EDA BOARD.

THIS IS THE SECOND CONCRETE ACTION TO START THE ECONOMIC REHABILITATION OF VCC. THE FIRST POINTED OUT WAS THE 70 TOWNHOUSE UNITS IN THE POD PROCESS.

WE LEARNED FROM REGENCY, KEEP MOVING.

IT'S TAKING US A LITTLE LONGER OVER THERE.

WE HAVE GREAT MOMENTUM HERE AND I THANK YOU FOR LETTING US DO THAT. THE THIRD ACTION IS THE FORM-BASED CODE THAT ALLOWS US TO CONTINUE OUR WORK WITH A LITTLE BETTER GUIDANCE AND VISION.

DON'T FORGET ABOUT THE INDOOR SPORTS AND CONVOCATION CENTER.

WE'RE IN THE CONSTRUCTION DOCUMENTS PHASE AND HOPEFULLY THIS SUMMER WE'LL BE PRESENTING TO THE BOARD AN ACCEPTABLE BUDGET TO PROCEED FORWARD WITH THAT.

LASTLY, OUR JV PARTNER, SHAMIN IS IN THE PROCESS OF DEVELOPING HOTELS AND RESTAURANTS TO SIT RIGHT OUTSIDE THE SPORTS AND CONVOCATION. I WANTED TO HIGHLIGHT THE FACT WE'RE NOT SITTING ON OUR HANDS. WE THINK THE TIME IS RIGHT TO REDEVELOP THE SITE. APPRECIATE YOU PUSHING THIS THROUGH. I THINK INTRODUCING RESIDENTIAL HERE QUICKLY WILL START TO CHANGE THE WHOLE VIBE AND DEMEANOR OF THIS WITH THE PLANNING STREET SCAPES AND OTHER THINGS WE PLAN TO DO HERE. WE CAN GET THIS OVER THE NEXT 24 MONTHS, I THINK YOU'LL SEE A DRAMATIC TRANSFORMATION OF THIS

[00:55:03]

THANK YOU. >> DANIEL SCHMITT: APPRECIATE IT, ROB. ANYBODY ELSE IN THE ROOM WISH TO SPEAK TO THIS CASE? ANYONE ON WEBEX?

>> THERE IS NO ONE ON WEBEX. >> DANIEL SCHMITT: THANK YOU, MA'AM. MR. THORNTON?

>> FRANK THORNTON: MR. CHAIRMAN, I WANTED TO ALSO THANK ROB.

WE MET SOME TIME AGO TO DISCUSS AND PLAN FOR THIS.

SOMETIMES WHEN THERE IS CHANGE, SOME -- SOME CITIZENS GET A LITTLE (INAUDIBLE). BUT I THINK WHEN WE LOOK AT THE END PRODUCT WE'RE GOING TO HAVE A PRODUCT THAT MOST OF THE RESIDENTS IN HENRICO COUNTY AND FAIRFIELD WILL BE PROUD OF.

I MOVE THAT WE APPROVE REZ2021-00021, VCC PARTNERS LLC AND SHAMIN VCC LLC WITH THE PROFFERS AND THE STAFF REPORT

DATED MARCH 31, 2021. >> SECOND.

>> DANIEL SCHMITT: THOSE IN FAVOR SAY AYE.

ANY OPPOSED? MOTION CARRIES.

THERE IS AN ACCOMPANYING PROVISIONAL USE PERMIT.

ANYONE ELSE ON WEBEX? MR. THORNTON?

>> FRANK THORNTON: AGAIN, MR. CHAIRMAN, I WANT TO THANK THE PLANNING DEPARTMENT. ALSO MR. ARCHER IN PUTTING THIS ALL TOGETHER AND I MOVE THAT WE APPROVE PROVISIONAL USE PERMIT PUP PUP2021-0007 VCC PARTNERS LLC AND SHAMIN WITH THE NINE CONDITIONS LISTED IN THE STAFF

REPORT. >> PATRICIA O'BANNON: SECOND.

>> DANIEL SCHMITT: ALL THOSE IN FAVOR SAY AYE.

ANY OPPOSED? MOTION CARRIES.

MR. MANAGER? >> NEXT WE GO INTO PUBLIC HEARINGS, OTHER ITEMS. IN HERE BEFORE MR. YOB COVERS EACH OF THESE ITEMS, I WANT TO NOTE FOR THE CHAIR AND BOARD OF SUPERVISORS YOU WILL SEE THREE SEPARATE ROAD PROJECTS THAT WE

[10. PUBLIC HEARINGS - OTHER ITEMS ]

THERE IS A REQUEST THAT LATE LAST WEEK WE WERE ABLE TO FIND AN AGREEMENT AND MR. YOB WILL COVER THAT.

YOU HAVE THREE ROAD PROJECTS WITH THREE CHOPT IN PARTICULAR, MR. BRANIN. THIS HAS GONE A YEAR PAST.

WHAT WOULD BE -- NORMAL DUE DILL ZNS SO WE CAN AVOID THIS ACTUAL STEP. SO WITHOUT FURTHER ADO, MR. YOB?

>> THANK YOU, MR. MANAGER. GOOD EVENING, MR. CHAIRMAN AND MEMBERS OF THE BOARD, LADIES AND GENTLEMEN.

BEFORE I GET INTO THOSE PAPERS, THERE IS A CONVEYANCE OF REAL PROPERTY AND THAT'S A 2001 GREGORY AVENUE IN THE BROOKLAND DISTRICT. THIS BOARD PAPER AUTHORIZES THE CHAIRMAN AND THE COUNTY MANAGER TO EXECUTE THE

[10a. 144-21 Resolution - Conveyance of Real Property - 3001 Gregory Avenue - Brookland District. ]

>> DANIEL SCHMITT: ANY QUESTIONS? WHO OWNS THE TWO LONG PROPERTIES ABOVE IT ON THE MAP.

WHAT IS THAT? >> I'M HAPPY TO LOOK INTO IT.

[01:00:03]

>> DANIEL SCHMITT: I'M JUST CURIOUS.

IT'S ROAD LOCKED. ANY --

>> THERE IS A NUMBER OF THEM UP THERE, MR. SCHMITT, THAT IS LANDLOCKED WHERE THERE IS A COUNTY RIGHT-OF-WAY.

YOU CAN SEE NEAR THE A1 THERE, THERE IS COUNTY RIGHTS OF WAY THAT ARE NOT DEVELOPED AND AGAIN, THOSE WOULD BE VERY EXPENSIVE TO BUILD THE LOT BECAUSE YOU HAVE TO BUILD THE

ROADS. >> DANIEL SCHMITT: MAKES SENSE.

ANY OTHER QUESTIONS? SEEING NONE THIS IS A PUBLIC HEARING. ANYONE IN THE ROOM TO SPEAK ON THE CASE? ANYONE ON WEBEX?

>> MOTION. >> SECOND.

>> DANIEL SCHMITT: ALL THOSE IN FAVOR SAY AYE.

RESOLUTION CARRIES. >> OKAY, MR. CHAIRMAN.

THIS ITEM NUMBER 145-21 WOULD BE A RESOLUTION FOR CONDEMNATION OF PROPERTY THIS BOARD PAPER AUTHORIZES CONDEMNATION PROCEEDINGS FOR PROPERTY OWNED BY ZYSHA REAL ESTATE, LLC THAT IS NEEDED FOR THE CONSTRUCTION OF THE RICHMOND HENRICO TURNPIKE IMPROVEMENTS PROJECT.

[10b. 145-21 Resolution - Condemnation - Right-of-Way and Easements - Richmond Henrico Turnpike Improvements Project - Zysha Real Estate, LLC - Fairfield District. ]

IT IS AN ADVERTISED PUBLIC HEARING AND REALLY NOT NECESSARY TO READ THE ENTIRE BOARD PAPER AS WE REACHED AN AGREEMENT WITH THIS PARTICULAR PROPERTY OWNER. I'D THEREFORE ASK THE BOARD TO CONSIDER THIS ITEM BE WITHDRAWN FROM FURTHER CONSIDERATION.

>> DANIEL SCHMITT: THANK YOU. BECAUSE THE ITEM IS ADVERTISED AS A PUBLIC HEARING IS THERE ANYONE IN THE ROOM THAT WISHES TO SPEAK TO THIS CASE? ANYONE ON WEBEX?

>> THERE IS NO ONE ON WEBEX. >> DANIEL SCHMITT: THANK YOU, SIR. IS THERE A MOTION TO -- APPROVE

THE WITHDRAWAL OF THIS ITEM? >> THOMAS BRANIN: YES.

I REQUEST THAT THE DEPUTY COUNTY MANAGER REMOVE THE ITEM.

>> PATRICIA O'BANNON: SECOND. >> DANIEL SCHMITT: MOTION BY MR. BRANIN. SECOND BY MS. O'BANNON.

ALL THOSE IN FAVOR SAY AYE. OPPOSED?

MOTION TO WITHDRAW APPROVED. >> THIS NEXT ITEM IS WOULD APPROVE CONDEMNATION PROCEEDINGS FOR PROPERTY OWNED BY THE REALTY INCOME CORPORATION WHICH IS OUT OF SAN DIEGO, CALIFORNIA FOR THE RICHMOND HENRICO TURNPIKE IMPROVEMENT PROJECT.

[10c. 146-21 Resolution - Condemnation - Right-of-Way and Easements - Richmond Henrico Turnpike Improvements Project - Realty Income Corporation - Fairfield District. ]

THOSE ARE FOR CONSTRUCTION OF THE ROAD, THE SIDEWALK AND TO FACILITATE THE CONSTRUCTION. HAPPY TO ANSWER ANY QUESTIONS

YOU MAY HAVE. >> DANIEL SCHMITT: THANK YOU, SIR. ANY QUESTIONS? SEEING NONE. ANYONE IN THE ROOM WISH TO SPEAK TO THE CASE? ANYONE ON WEBEX?

>> NO ONE ON WEBEX. >> DANIEL SCHMITT: ALL RIGHT.

THANK YOU, MA'AM. >> FRANK THORNTON: MOVE THE

RESOLUTION. >> PATRICIA O'BANNON: SECOND.

>> DANIEL SCHMITT: THOSE IN FAVOR SAY AYE.

OPPOSED? RESOLUTION CARRIES.

>> MR. CHAIRMAN, THE NEXT TWO PAPERS ARE CONSIDERING IMPROVEMENTS TO THE THREE CHOPT ROAD IMPROVEMENT PROJECT.

THE FIRST PAPER WOULD AUTHORIZE CONDEMNATION PROCEEDINGS FOR PROPERTY OWNED BY Y OWNED BY EMIL NIKOLOV

[10d. 147-21 Resolution - Condemnation - Easement - Three Chopt Road Improvements Project - Emil Nikolov and Tatyana Ivanova-Nikolova - Three Chopt District. ]

BASED ON AN INDEPENDENT APPRAISAL, THE COUNTY MADE AN OFFER OF $7,200 FOR THE REQUIRED PROPERTY INTERESTS. THE OFFER WAS NOT ACCEPTED. NEGOTIATIONS ARE AT A STALEMATE.

HAPPY TO ANSWER ANY QUESTIONS. >> DANIEL SCHMITT: THANK YOU, SIR. ANY QUESTIONS? SEEING NONE, THIS IS A PUBLIC HEARING.

ANYONE IN THE ROOM WISH TO SPEAK TO THIS CASE?

SEEING NONE, ANYONE ON WEBEX? >> NO ONE ON WEBEX.

>> MOVE. >> SECOND.

>> DANIEL SCHMITT: ALL THOSE IN FAVOR SAY AYE.

OPPOSED? RESOLUTION CARRIES.

>> NEXT BOARD PAPER WOULD AUTHORIZE CONDEMNATION FOR

[10e. 148-21 Resolution - Condemnation - Easement - Three Chopt Road Improvements Project - Victor R. Shavers, Jr. and Gina M. Shavers a/k/a Gina M. Burgin - Three Chopt District. ]

[01:05:08]

THE COUNTY NEEDS TO ACQUIRE A TEMPORARY CONSTRUCTION EASEMENT CONTAINING 1,603 SQUARE FEET (THE “EASEMENT”), ACROSS THE PROPERTY LOCATED AT 3908 HARCOURT PLACE, IDENTIFIED AS TAX MAP PARCEL 744-758-3685, AND OWNED BY VICTOR R. SHAVERS, JR., AND GINA M. SHAVERS A/K/A GINA M. BURGIN. BASED ON AN INDEPENDENT APPRAISAL, THE COUNTY MADE AN OFFER OF $3,600 FOR THE REQUIRED PROPERTY INTERESTS. THE OFFER WAS NOT ACCEPTED.

AGAIN, WE ARE AT A STALEMATE ON THIS.

HAPPY TO ANSWER ANY QUESTIONS YOU MAY HAVE.

>> DANIEL SCHMITT: ANY QUESTIONS? SEEING NONE, ANYONE IN THE ROOM WISH TO SPEAK TO THIS CASE?

ANYONE ON WEBEX? >> NO ONE ON WEBEX.

>> THOMAS BRANIN: FOR MY FELLOW SUPERVISORS, I WOULD LIKE TO SAY THAT HE AND MYSELF MET WITH THE SHAVERS LAST NIGHT.

WE LOOKED AT THE PROJECT. I THINK WE'RE GOING TO BE IN A GOOD PLACE. MR. TOKARS, THERE IS ABOUT 180

DAYS? >> YES.

>> THOMAS BRANIN: ABOUT 180 DAYS, CORRECT?

>> THAT'S CORRECT. >> THOMAS BRANIN: SO WE FEEL CONFIDENT -- I FEEL CONFIDENT -- WE FEEL CONFIDENT THAT THIS ONE WILL PROBABLY BE TAKEN OFF BUT WE -- IT IS IN PROCESS SO WE CONTINUE ON. SO MOVE THE RESOLUTION.

>> PATRICIA O'BANNON: SECOND. >> DANIEL SCHMITT: ALL THOSE IN FAVOR SAY AYE. OPPOSED?

RESOLUTION CARRIES. >> THANK YOU, SIR.

THE FINAL BOARD PAPER IN THIS SERIES IS FOR THE CREIGHTON ROAD IMPROVEMENT PROJECTS IN THE VARINA DISTRICT AND WOULD AUTHORIZE PROCEEDINGS FOR THE HUNTWOOD HOME OWNERS ASSOCIATION

[10f. 149-21 Resolution - Condemnation - Easements - Creighton Road Improvements Project - Huntwood Homeowners Association - Varina District. ]

COUNTY NEEDS TO ACQUIRE 17,958 SQUARE FEET OF TEMPORARY CONSTRUCTION EASEMENTS, 2,186 SQUARE FEET AND A PERMANENT EASEMENT FOR VIRGINIA -- VERIZON VIRGINIA LLC AND FURTHER, 3,188 SQUARE FEET OF EASEMENTS AT 3301 AND 3311 CREIGHTON ROAD.

THESE PROPERTIES ARE IDENTIFIED AT TAX PARCELS 8077281335 AND 807282611. THESE PROPERTIES ARE OWNED BY THE HUNTWOOD HOME OWNERS ASSOCIATION WHICH IS A DEFIPTH ASSOCIATION. THERE IS NO RESIDUE OF THE ASSOCIATION FOR US TO WORK WITH. FAIR MARKET VALUE PUT IT AT $4,933. AS THE ORGANIZATION IS DEFUPTH WE HAVE TO TAKE THIS ACTION. -- DEFUNCT.

HAPPY TO TAKE ANY QUESTIONS YOU MAY HAVE.

>> DANIEL SCHMITT: NO ONE HERE TO SPEAK.

MOTION MADE AND SECONDED. RESOLUTION CARRIES.

MR. MANAGER? .

>> WE MOVE INTO PUBLIC COMMENTS.

THIS IS THE TIME WHERE INDIVIDUALS MAY ADDRESS THE BOARD OF SUPERVISORS ON ANY ITEM IS NOT ON THE AGENDA.

MS. HARDING, IS ANYONE SIGNED UP FOR PUBLIC COMMENTS? MS. DAVIS, ANYONE ON WEBEX THAT IS WANTING TO ADDRESS THE BOARD?

[11. PUBLIC COMMENTS ]

>> NO, SIR. NO ONE SIGNED UP TONIGHT.

>> MR. CHAIRMAN? >> DANIEL SCHMITT: THANK YOU, SIR. WE'LL MOVE INTO THE GENERAL AGE AGENDA.

>> THE FIRST ITEM IS 150-21. ANTHONY ROMANELO IS HERE TO DISCUSSRIESLUTION FOR SUPPORT UTILIZING INDUSTRIAL ACCESS

[12. GENERAL AGENDA ]

[12a. 150-21 Resolution - Expressing Support for Utilization of Industrial Access Railroad Track Funds - Recycling Management Resources - Brookland District. ]

DISTRICT. >> THANK YOU.

MEMBERS OF THE BOARD, MR. CHAIRMAN, THIS BOARD PAPER WOULD EXPRESS THE COUNTY'S SUPPORT OF THE APPLICATION OF RECYCLING MANAGEMENT RESOURCES TO THE DEPARTMENT OF RAIL AND PUBLIC TRANSIT FOR $295 THOSE IN TRACK FUNDS TO SUPPORT THEIR OPERATIONS. THE FUNDS WILL BE USED FOR RAIL SPUR IMPROVEMENTS AT THE SITE ON IMPALA DRIVE IN THE BROOKLAND DISTRICT. MANAGEMENT RESOURCES WILL PROVIDE A 30% MATCH FOR ANY FUNDS AWARDED BY THE COMMONWEALTH. THERE WILL BE NO COST TO THE COUNTY OR EDA AND WE RECOMMEND APPROVAL.

>> DANIEL SCHMITT: THANK YOU. ANY QUESTIONS FOR ANTHONY?

>> PATRICIA O'BANNON: MOVE THE RESOLUTION.

>> SECOND. >> DANIEL SCHMITT: ALL THOSE IN FAVOR SAY AYE. ANY OPPOSED? RESOLUTION CARRIES. MR. MANAGER?

>> NEXT IS AGENDA ITEM 151-21 WITH THE RESOLUTION.

[01:10:01]

[12b. 151-21 Resolution - Signatory Authority - Contract Amendment for Construction Services - Commonwealth’s Attorney Office Renovation - Brookland District. ]

151-21 AND 152-21. WE HAVE SOME MORE WORK TO DO WITH THESE ITEMS BEFORE BRINGING THEM BACK TO THE BOARD OF SUPERVISORS. MR. CHAIRMAN?

[12c. 152-21 Resolution - Signatory Authority - Contract Amendment for Construction Services - Interior Door Replacement - Courts Building - Brookland District. ]

>> DANIEL SCHMITT: THANK YOU. TO PULL THE NEXT TWO, WE HAVE TO -- IS THERE A MOTION MADE TO WITHDRAWAL THEM?

>> I'D REQUEST THEY BE WITHDRAWN.

>> IT WOULD BE THE SAME PROCESS JUST TO MOVE TO WITHDRAW.

>> DANIEL SCHMITT: GOTCHA. THANK YOU.

AT THIS TIME I'LL ACCEPT A MOTION TO WITHDRAW RESOLUTION

151-21. >> WITHDRAW.

>> PATRICIA O'BANNON: SECOND. >> DANIEL SCHMITT: MOTION MADE BY MR. NELSON AND SECONDED. ALL THOSE IN FAVOR SAY AYE.

OPPOSED? THE RESOLUTION HAS BEEN WITHDRAWN. I'LL ALSO ACCEPT A MOTION TO

WITHDRAW RESOLUTION 152-21. >> MOVE.

>> PATRICIA O'BANNON: SECOND. >> DANIEL SCHMITT: ALL THOSE IN FAVOR SAY AYE. OPPOSED? ALL RIGHT. BOTH RESOLUTIONS HAVE BEEN

WITHDRAWN. >> NEXT IS 153-21.

THIS IS A RESOLUTION FOR A LEASE AMENDMENT.

THIS IS FOR BELMONT GOLF COURSE. THE FAIRFIELD DISTRICT.

MR. LUTHER WITH A UNIQUE REQUEST IF YOU WILL FOR THAT GOLF COURSE. NEAL?

>> YES, SIR. THANK YOU.

[12d. 153-21 Resolution - Lease Amendment - Belmont Golf Course - Fairfield District. ]

AS YOU'LL RECALL, THAT LEASE WAS FIRST EXECUTED BACK IN DECEMBER 2019. THE INTENT WAS ALWAYS TO ALLOW FOR FLEXIBILITY TO OPERATE WITHIN MARKET CONDITIONS AS A GOLF COURSE. AND THIS RECOMMENDED AMENDMENT TO THE EXISTING LEASE WILL CLEAN UP LANGUAGE TO PERMIT THEM TO APPROPRIATELY OBTAIN AN ABC LICENSE TO USE OR HAVE ALCOHOL ON THE PREMISES. AGAIN, FIRST TEE IS OPERATING UNDER A MISSION FIRST AND FOREMOST TO SERVE THE COMMUNITY.

ALCOHOL IS NOT A LARGE PIECE OF THAT STRUCTURE.

BUT THE FLEXIBILITY WAS ALWAYS INTENDED TO BE PROVIDED TO THE OPERATOR IN ORDER FOR THEM TO HAVE FULL ACCESS TO REVENUE SOURCES. FIRST TEE IS IN THE PROCESS OF MAKING THE FINAL TOUCHES AND GRAND OPENING OR REOPENING OF THE COURSE IS SLATED FOR THE WEEK OF MAY 24 BEGINNING WITH MAY 24 KICKOFF WITH FIRST TEE AND THE COMMUNITY AND TRANSITIONING INTO OPEN PUBLIC PLAY THAT WEEKEND.

WITH THAT, I'LL BE HAPPY TO ANSWER ANY QUESTIONS.

>> DANIEL SCHMITT: ANY QUESTIONS FOR MR. LUTHER?

>> PATRICIA O'BANNON: IS THE -- WHEN YOU SAY IT'S ALCOHOL SERVED, IS IT DURING THE COURSE OR PEOPLE PLAYING GOLF IN THE GOLF REFRESHMENT CART? OR IS THIS IN THE BUILDING OR

WHAT -- >> THEY HAVE THE -- RIGHT NOW THEY HAVE POSTED FOR AN ABC PERMIT TO ALLOW ON PREMISES CONSUMPTION OF ALCOHOL. THE MAIN INTENT IS TO BE ABLE TO SELL IT DURING GENERAL PUBLIC ROUND OF PLAY.

IT IS NOT INTENDED TO OVERLAP WITH ANY OF THE YOUTH OR

COMMUNITY PROGRAMMING. >> PATRICIA O'BANNON: WOULD IT BE ON THE REFRESHMENT CART OR A REFRESHMENT CART?

>> YES, MA'AM. >> PATRICIA O'BANNON: OKAY.

THAT'S WHAT I'D ASSUME. OKAY.

>> DANIEL SCHMITT: ANY OTHER QUESTIONS FOR NEAL?

>> MOVE. >> PATRICIA O'BANNON: SECOND.

>> DANIEL SCHMITT: THOSE IN FAVOR SAY AYE.

OPPOSED? RESOLUTION CARRIES.

THANK YOU, SIR. MR. MANAGER?

>> NEXT IS 154-21 FOR AWARD OF CONTRACT.

THIS IS FOR THE RICHMOND HENRICO TURNPIKE BRIDGE REHAB PROJECT IN THE FAIRFIELD DISTRICT. MR. HUGHES?

>> THANK YOU, MR. MANAGER. GOOD EVENING.

[12e. 154-21 Resolution - Award of Contract - Richmond Henrico Turnpike Bridge Rehabilitation, Phase II - Fairfield District. ]

AND BASED ON A REVIEW CURTING CONTACTING INC WAS

[01:15:01]

THE DIRECTOR OF PUBLIC WORKS AND PURCHASING DIRECTOR RECOMMEND APPROVAL AND COUNTY MANAGER CON

CONCURS. >> DANIEL SCHMITT: MR. HUGHES, YOU MENTIONED THE TIMELINE IS I THINK YOU SAID JUNE 2021 TO AUGUST 2021. IS THAT RIGHT?

>> YES, SIR. >> DANIEL SCHMITT: JUST NOTING THERE IS GRADUATIONS. JUNE -- CAN WE MAKE A NOTE OF

THAT? >> YES, SIR.

>> DANIEL SCHMITT: JUNE 15, 16, 17.

>> YES, SIR. WE HAVE A MEETING WITH SCHOOLS -- I BELIEVE TOMORROW OR THURSDAY TO COORDINATE.

WE ALSO HAVE CONSTRUCTION ON RICHMOND HENRICO TURNPIKE SO WE WANT TO MAKE SURE THAT GETS COORDINATED.

>> DANIEL SCHMITT: AWESOME. I KNOW WHY THE END DATE IS AUGUST FOR THE SEPTEMBER TIMEFRAME.

APPRECIATE THE TIGHT WINDOW. THANK YOU.

ANY OTHER QUESTIONS FOR MR. HUGHES?

>> FRANK THORNTON: DO WE HAVE A CHANCE TO HAVE PROFESSIONALS TO KIND OF CHECK THE WORK AFTER IT'S COMPLETED?

>> YES, SIR. >> FRANK THORNTON: I THINK THAT IS -- VERY SIGNIFICANT. MOVE THE RESOLUTION.

>> PATRICIA O'BANNON: SECOND. >> DANIEL SCHMITT: ALL THOSE IN FAVOR SAY AYE. OPPOSED? THANK YOU, MR. HUGHES. MR. MANAGER?

>> NEXT ITEM IS 155-21. THIS IS A RESOLUTION.

THIS IS FOR AWARD OF CONTRACT. IN THIS CASE THE RIDGEFIELD PARK SIDEWALK PROJECT. THIS IS BOTH THREE CHOPT,

[12f. 155-21 Resolution - Award of Contract - Ridgefield Parkway Sidewalk, Phase I - Three Chopt and Tuckahoe Districts. ]

TUCKAHOE DISTRICTS. >> THIS WOULD AWARD A CONSTRUCTION CONTRACT FOR $830,000 TO M&F CONCRETE INC FOR CONSTRUCTION OF 6,000 FEET OF SIDEWALK ALONG RIDGEFIELD AND CONTINUING EAST TO FALCONBRIDGE DRIVE.

IT'S ANTICIPATED TO BEGIN AUGUST 2021 AND WILL BE COMPLETED 90 CALENDAR DAYS. THE COUNTY RECEIVED SEVEN BIDS AND BASED UPON A REVIEW OF THE BIDS, M&F IS THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER.

FUNDING IS AVAILABLE WITHIN THE PROJECT BUDGET AND 100% FEDERALLY FUNDED. COUNTY MANAGER CONCURS WITH

APRAYERFUL. >> PATRICIA O'BANNON: MOVE THE

RESOLUTION. >> SECOND.

>> DANIEL SCHMITT: THOSE IN VIVARIN SAY AYE.

OPPOSED? >> CAN I ASK A QUICK QUESTION BECAUSE SHE MOVED IT SO FAST. M&F.

HAVE THEY -- AND MR. -- YOU'LL NEED TO HELP ME.

HAS M&F BID AND WORKED IN HENRICO PRIOR?

>> I'M NOT AWARE THEY HAVE, MR. BRANIN.

>> THIS CAME UP AT PRE-BOARD. >> THOMAS BRANIN: I KNOW WE HAD A TWO-LETTER COMPANY AND I DON'T REMEMBER THE ONE AND I LOOKED THROUGH EVERYTHING I HAD THAT WE HAD COME IN AND DO SIDEWALK WORK AND CURB WORK THAT WAS AN ABSOLUTE NIGHTMARE.

THIS WASN'T THEM. >> NO.

NO, SIR. >> THOMAS BRANIN: OKAY.

I'M DONE. >> DANIEL SCHMITT: THE MOTION

OFFICIALLY THEN CARRIES. >> PATRICIA O'BANNON: I DO RECALL ONE COMPANY AND I REMEMBER THE NAME.

IT WASN'T -- >> THOMAS BRANIN: IT WAS TWO LETTERS. WHEN I WAS GOING THROUGH THIS SAW IT AND I SAID IS THIS -- AND THEN I LITERALLY SPENT LIKE, AN HOUR TRYING TO FIND THE -- WITH PAST MINUTES.

>> PATRICIA O'BANNON: IS THAT THE ONE WHERE THE CONCRETE OR THE CEMENT WASN'T GOOD ENOUGH? OR ERODED OR WASHED AWAY PARTLY?

AND PITS IN IT? >> THOMAS BRANIN: THEY DID AN

ABSOLUTE HOR END IS JOB. >> PATRICIA O'BANNON: THIS ISN'T

IT? >> I'M SURE YOU REMEMBER BECAUSE WE ALL WERE LIKE, (GRUMBLING SOUND).

>> THERE WAS A FIRM OUT OF NORTHERN VIRGINIA TRYING TO GET ESTABLISHED DOWN HERE. THEY SOMEHOW WON A BID.

WE HAD A LOT OF PROBLEMS WITH THEM.

>> THOMAS BRANIN: WHEN I SAW THIS AND I DIDN'T -- WASN'T FAMILIAR WITH THEM, I LOOKED IT UP AND SAID OH, MY GOD WE'RE

DOING THE SAME THING AGAIN. >> NO.

>> THOMAS BRANIN: AS LONG AS IT'S NOT THE SAME GUYS I'M GOOD.

>> TYRONE NELSON: IN THESE SITUATIONS WHEN WE HAVE BAD EXPERIENCES, WE TAG THESE FOLKS. WE'RE NOT GIVING CONTRACTS AGAIN

TO THEM, RIGHT? >> RIGHT.

THERE IS A VENDOR COMPLAINT FORM AND WE LET OSCAR IN PURCHASING KNOW WE HAD AN UNFORTUNATE EXPERIENCE WITH THE CONTRACTOR.

>> PATRICIA O'BANNON: THAT DOESN'T NECESSARILY PREVENT THEM FROM BIDDING AND BEING IN THE PROCESS AND POSSIBLY WINNING THE

[01:20:04]

>> IT DOESN'T PREVENT THEM FROM BIDDING, MS. O'BANNON.

CERTAINLY IF THEY HAVE VENDOR COMPLAINTS WE'LL HAVE A MUCH HIGHER LEVEL OF SCRUTINY ON THAT FIRM.

THERE ARE SOME FIRMS THAT BID AGAIN AND I BELIEVE EVEN BEEN AWARDED WORK IN THE PAST BUT THEY RIGHTED THEIR SHIP.

SOMETIMES YOU HAVE AN UNFORTUNATE SUPERINTENDENT WHO DOESN'T PAY ATTENTION TO THE JOB OR SOME OTHER THINGS THAT MIGHT HAVE HAPPENED. SO IT'S NOT A LIFETIME BAN BUT CERTAINLY WE ARE GOING TO USE A MUCH HIGHER LEVEL OF SCRUTINY IF WE HAD A BAD EXPERIENCE WITH A CONTRACTOR.

>> THOMAS BRANIN: AND THE COUNTY ALWAYS RESERVES THE RIGHT NOT TO

AWARD TO THE LOWEST BIDDER. >> PATRICIA O'BANNON: THANK YOU.

>> SORRY, MR. CHAIR. WHEN THIS CAME UP, I -- WAS LITERALLY IN A PANIC AND WANTED TO ASK THAT.

>> PATRICIA O'BANNON: OKAY. >> DANIEL SCHMITT: MR. HUGHES?

>> MR. CHAIRMAN, AGENDA ITEM 156-21.

THIS IS A RESOLUTION, LITTLE UNUSUAL IN THAT IT COMES FROM ANOTHER LOCALITY. REQUESTS VDOT TO EVALUATE A TRUCK RESTRICTION ON CHARLES CITY ROAD IN THE VARINA DISTRICT. MR. HUGHES?

[12g. 156-21 Resolution - To Request VDOT to Evaluate a Truck Restriction on Charles City Road - Varina District. ]

>> THIS BOARD PAPER REQUESTS THE VIRGINIA DEPARTMENT OF TRANSPORTATION TO EVALUATE A RESTRICTION ON CHARLES CITY ROAD BETWEEN ELKO IN HENRICO COUNTY AND ROXBURROW ROAD AND WOULD ALLOW THEM TO TRAVEL ACROSS CHARLES CITY COUNTY.

SECTION 46.-2-809 OF THE CODE OF VIRGINIA REQUIRES RESOLUTIONS FROM LOCAL GOVERNING BODIES BEFORE VDOT EVALUATES ANY TRUCK RESTRICTION REQUEST. HENRICO COUNTY WOULD HAVE TO RESTRICT CHUCKS ON CHARLES CITY ROAD IN HENRICO COUNTY.

THEREFORE IT REQUESTED A RESOLUTION REQUESTING THE EVALUATION FROM HENRICO COUNTY. THE DIRECTOR OF PUBLIC WORKS RECOMMENDS APPROVAL OF THE BOARD PAPER AND COUNTY MANAGER CONCURS. HAPPY TO ANSWER QUESTIONS.

>> TYRONE NELSON: WHAT'S THE PROCESS? WE WERE ASKED TO DO THIS BY CHARLES CITY, RIGHT? WHAT'S THE -- SO -- WE'RE ASKING VDOT TO EVALUATE THE RESTRICTION. IF THEY COME BACK AND SAY YEAH,

WE'RE GOOD WITH IT, THEN WHAT? >> IF VDOT IS OKAY WITH THE TRUCK RESTRICTION IT HAS TO GO TO THE STATE'S COMMONWEALTH TRANSPORTATION BOARD TO PASS THE RESOLUTION.

>> TYRONE NELSON: OKAY. THERE IS A STRONG POSSIBILITY EVEN THOUGH WE'RE DOING THIS, NOTHING WILL COME OF IT.

>> IT'S A VERY STRONG POSSIBILITY.

VDOT HAS TO EVALUATE THE DETOUR ROUTE.

I THINK IF THEY DETERMINE THE TOUR IS TOO LONG THEY WOULDN'T

MAKE THE RECOMMENDATION. >> TYRONE NELSON: WE'RE DOING OUR DUE DILIGENCE. SO MOVED.

>> PATRICIA O'BANNON: SECOND. >> DANIEL SCHMITT: ALL THOSE IN FAVOR SAY AYE. OPPOSED? RESOLUTION CARRIES. MR. MANAGER?

>> PATRICIA O'BANNON: HOW DO WE GET SOMEBODY ON THE COMMONWEALTH TRANSPORTATION BOARD? IS IT A -- A GOVERNOR'S APPOINTMENT? IT IS.

ISN'T IT? OKAY.

THANK YOU. >> TYRONE NELSON: SO IS THERE -- I'VE NEVER ASKED THAT QUESTION BEFORE.

IS THAT A GOVERNOR'S APPOINTMENT BY LOCALITY OR GENERAL

GOVERNOR'S APPOINTMENT? >> TERRELL KNOWS BETTER.

>> A GENERAL APPOINTMENT BUT THEY REPRESENT THE DISTRICT SO THAT WOULD BE -- HENRICO COUNTY IS ENCOMPASSED IN RICHMOND.

>> PATRICIA O'BANNON: IT WOULD BE THE -- PVC OR THE -- PPO.

>> VDOT DISTRICT. >> PATRICIA O'BANNON: A BIG

AREA. >> YES.

THEY HAVE A FEW AT LARGE. WHICH KIND OF REPRESENT A FEW REGIONS WHETHER IT'S URBAN OR RURAL THAT IS NOT SPECIFICALLY THE DISTRICT. THAT'S ALL GOVERNOR'S APPOINTED.

>> PATRICIA O'BANNON: THOUGHT I'D MAKE A NOTE.

>> DANIEL SCHMITT: THANK YOU. MR. MANAGER?

>> NEXT IS 157-21. THIS IS A RESOLUTION FOR MAP OF CONTRACT FOR THE DORY PARK SHARED USE PATH PHASE 2 IN THE VARINA DISTRICT. MR. HUGHES?

>> THIS BOARD PAPER APPROVES THE CONTRACT AMENDMENT FOR

[12h. 157-21 Resolution - Amendment of Contract - Dorey Park Shared Use Path, Phase II - Varina District. ]

DUE TO STABILITY ISSUES WITH THE SOIL UNDER THE PROPOSED TRAIL, DICKERSON CONSTRUCTION LLC AND DEPARTMENT OF PUBLIC WORKS

[01:25:04]

DPW RECOMMENDS APPROVAL AND COUNTY MANAGER CONCURS.

>> DANIEL SCHMITT: ANY QUESTIONS?

>> TYRONE NELSON: SO MOVED. >> THOMAS BRANIN: SECOND.

>> DANIEL SCHMITT: THOSE IN FAVOR SAY AYE? ANY OPPOSED. RESOLUTION CARRIES.

>> NO OTHER ITEMS ON THIS AGENDA.

>> DANIEL SCHMITT: ANY CLOSING COMMENTS FROM MY COLLEAGUES? I JUST GOT ONE REAL QUICK. MR. HUGHES, BEFORE YOU ESCAPE.

I WANT TO SAY THANK YOU. WE HAD A ROAD RESURFACING PROJECT IN THE ROCK SPRING AREA AND THE CONTRACTOR LEFT WITHOUT DOING A COUPLE SMALL AREAS. I KNOW YOU GUYS TOOK A PEEK AT IT. THEY GOT ALL OF IT EXCEPT ONE.

THERE IS JUST LONG MEADOW CROSSING LEFT.

THEY HAVE COME BACK A TIME OR TWO.

SO I'M DOWN TO THREE RESIDENTS THAT HAVE MY CELL PHONE NUMBER.

ANYTHING WE CAN DO TO FINISH THE PROJECT.

THANK YOU. THEY CAME BACK TWICE AND FINISHED THE OTHER TWO CUL-DE-SACS.

THANK YOU. ANYTHING ELSE? ALL RIGHT. Y'ALL HAVE A WONDERFUL EVENING.

THANK YOU. (SOUNDING GAVEL)

* This transcript was compiled from uncorrected Closed Captioning.