11-14-2007 Packet
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CHESTERFIELD COUNTY
BOARD OF SUPERVISORS Page 1 of 2
AGENDA
Meeting Date:
November 14, 2007 Item Number: 2.
Subiect: County Administrator'S Comments
County Administrator's Comments:
Board Action Reauested:
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County Administrator:
The Chesterfield Senior Volunteer Hall of Fame Committee has requested to
recognize the 2007 induction of Mrs. Blanche Castelow, Dr. Betty Clapp, and
Mrs. Shirley Hudson.
Summary of Information:
Mrs. Castelow was nominated by Sherry Peterson, Chief Executive Officer for
the Alzheimer's Association-Greater Richmond Chapter. Mrs. Castelowanswers
the Helpline one day a week in the office and also takes phone calls from
caregivers at home. She facilitates two support groups and substitutes at
others when needed. She represents the Alzheimer's association at community
events and health fairs. She served as a Chapter Board member from 1999 to
2002 and was chair of the Public Policy Committee and attended the national
Public Policy Forum each year during this period. After leaving the Board,
she remained a member of the committee and continues to attend Advocate Day
at the General Assembly. She is an active participant in the Chapter's
annual Memory Walk and serves as a member of the Speaker's Bureau.
Preparer:
Debbie leidheiser
Title: Chesterfield Senior Advocate
Attachments:
. Yes
DNO
000001
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Page 2 of 2
Mrs. Castelow is extremely dedicated to the senior population of Chesterfield
County and beyond. She is particularly passionate about helping those with
Alzheimer's, their families and caregivers. She shares her own experiences
openly in order to help others. Mrs. Castelow keeps up with advancements in
disease research and treatments. She is always willing to go the extra mile
to help the Alzheimer's Association and those they serve. Her other
volunteer activities include the Lucy Corr Village Auxiliary, The Senior
Volunteer Hall of Fame Committee, and Stephen's Ministry.
Dr. Clapp was nominated by the Honorable Arthur Warren. Dr. Clapp could have
quietly disappeared in the background of retirement 22 years ago. Instead
she became involved in one of our communities greatest assets- Swift Creek
Reservoir. This is a significant source for drinking water. Her involvement
will ensure that the reservoir will remain safe and useable as a resource for
years to come. Her other community volunteer activities include Hands Across
Lake Citizens, Brandermill Community Association, the 360 Corridor Committee,
Chesterfield County Health Center Commission and the Lucy Corr Village
Foundation Arts Committee.
Mrs. Hudson was nominated by Dona Link, Co-Treasurer for the Chesterfield-
Colonial Heights Christmas Mother, Inc. Mrs. Hudson serves as the Co-
Treasurer and Vice-Chairman of the Board of the Chesterfield Colonial Heights
Christmas Mother. Her duties include paying bills, filing reports with State
Consumer Affairs, Better Business Bureau, receiving donations and writing
thank you notes, etc. Mrs. Hudson's volunteer activities for the Christmas
Mother program helps to provide Christmas gifts of toys, food and clothing to
approximately 5,500 needy individuals in more than 1,600 families in our
area. She works behind the scenes and at the Christmas Center to foster the
mission of the Christmas Mother Uthat no child be without gifts, no elderly
person be forgotten, and no family in our area be without food on Christmas."
Her other volunteer activities include Docent for the Chesterfield Historical
Society and Treasurer and program chairman for the Providence Retired Club.
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CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Page 1 of 2
Meeting Date: November 14, 2007
Item Number: 2.8.
Subiect:
County Administrator's Comments
County Administrator's Comments:
County Administrator: ~
Board Action ReQuested:
Staff and a representative from Wildlife Services will brief the Board
regarding the black vulture situation at Dutch Gap Conservation Area.
Summary of Information:
Dutch Gap Conservation Area is experiencing problems with the substantial
numbers of vultures at the site. More than 400 black vultures have been
documented there. The vultures are causing significant safety hazards and
property damage. They are roosting in forests and on Dominion Power
buildings and transmission towers on the north and south sides of the James
River. They are also causing property damage to citizen's cars, boats, as
well as the boat ramp and boat-landing grounds.
The County and Dominion Virginia Power are working cooperatively with the
Virginia Department of Game and Inland Fisheries, the Center for Conservation
Biology at the College of William and Mary, and Wildlife Services on a
strategy to disperse the birds long-term.
Preparer: Rebecca 1. Dickson
Title: Deputv County Administrator
Attachments:
. Yes
DNO
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CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Page 2 of 2
Staff is also hosting a stakeholders meeting within the next week to include
wildlife Services, Virginia Department of Game and Inland Fisheries,
representatives from the Humane Society, Dominion Virginia Power and others
to discuss long-term, non-lethal options for managing the vultures.
The attached press release went out on Friday, November 9th.
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Che8tetfield County, Virgitrla
Department of Public Mfairs
9901 Lori Road, Room 500 - P.O. Box 40 - Chesterfield, VA 23832
Phone: (804) 748-1161- Fax: (804) 748-7609 - Internet: chesterfield.gov
DON J. KAPPEL
Director
November 9,2007
F or immediate release
RESEARCHERS TO TAG, STUDY VULTURES AT DUTCH GAP
CONSERVATION AREA
CHESTERFIELD COUNTY, VA-The U.S. Department of Agriculture's Wildlife
Services Program is leading vulture-management activities at the Dutch Gap
Conservation Area. About 100 birds are being trapped for the purposes of tagging them
and studying their movements. Officials will also conduct a 14-day effort to harass the
birds from the site.
The tagging will enable experts to monitor the vultures in an effort to determine
why the birds are roosting and loafing at Dutch Gap. Through the years, the vultures
have caused significant property damage and safety hazards at the Dutch Gap public
boat landing and on nearby Dominion Virginia Power facilities.
The Virginia Department of Game and Inland Fisheries, the Center for
Conservation Biology at the College of William and Mary, Chesterfield County and
Dominion Virginia Power are working cooperatively with Wildlife Services on a strategy
to disperse the birds long-term.
For the past seven years, Wildlife Services has used diverse methods to control
the birds, including habitat modification and harassment, as well as trapping and
euthanizing. Although the birds left for up to 24 months, they have returned to the Dutch
Gap area. More than 400 black vultures have been documented at the site, roosting in
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fon~sts and on Dominion faciliti@s on both sid@s of th@ Jam@& River. They are again
causing property damage at the boat ramp and the parking area.
As part of the research, the birds are being baited into a large funnel trap situated
on Dominion property adjacent to the Dutch Gap boat ramp. One hundred vultures will
be marked with individually numbered orange wing tags and released. Personnel from
the cooperating agencies will then monitor the movements of the tagged birds through
surveys and public reports of marked birds.
Within a few weeks of releasing the tagged vultures, Wildlife Services will use
noise and light devices during evenings and early mornings to harass the vultures from
the site. The harassment effort is expected to last up to 14 days, after which the vultures
hopefully will discontinue roosting and gathering at the sites.
Vultures have been documented at Dutch Gap damaging cars by scratching
paint, pulling off windshield wipers and tearing car covers. They also have left fecal
matter and vomit on vehicles, boat trailers and the boat-landing grounds. The vultures
create safety hazards by roosting and loafing on power-station facilities.
Wildlife Services encourages citizens who see the tagged vultures to report them
via e-mail to: dgifweb@dgif.virginia.gov. If possible, report the date, time of day,
location, activity of the bird and the tag number.
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Note to reporters: Any media interested in observing the trap-and-tag process
next week should call Chesterfield County Public Affairs Officer Julie Buchanan
at (804) 717-6802.
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CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Page 1 of 1
Meeting Date: November 14,2007
Item Number: 5.A.
Subiect:
Resolution Recognizing Midlothian Youth Soccer League's Thirtieth Anniversary
County Administrator's Comments:
County Administrator: g1
Board Action Reauested:
Mrs. Humphrey requests that the Board of Supervisors adopt this resolution
recognizing the contributions of the Midlothian Youth Soccer League over the
past 30 years as a valuable resource for the county, and for providing
opportunities for youth recreation in an atmosphere of sportsmanship and
respect.
Summary of Information:
This resolution will recognize Midlothian Youth Soccer League's 30th
anniversary. Mr. Jon Addison, Executive Director, and members of the Board of
Directors will be present to receive the resolution.
Preparer:
Donald J. Kappel
Title: Director, Public Affairs
Attachments: . Yes
DNO
#000003
RECOGNIZING THE MIDLOTHIAN YOUTH SOCCER LEAGUE
ON ITS THIRTIETH ANNIVERSARY
WHEREAS, in 2007, the Midlothian Youth Soccer League observes its
30-year anniversary; and
WHEREAS I for three decades, the Midlothian Youth Soccer League
has provided Chesterfield County youths with outstanding recreational
opportunities; and
WHEREAS, the league has emphasized teamwork and giving all team
members an opportunity to play; and
WHEREAS, participants have learned not only teamwork, but also
respect for one another and for officials and opponents; and
WHEREAS, these young athletes also have had excellent
opportunities to achieve and maintain physical fitness; and
WHEREAS, the Midlothian Youth Soccer League has grown to more
than 1,600 players; and
WHEREAS, the league is led by a volunteer Board of Directors and
many of its field operations are performed by other, equally dedicated
volunteers; and
WHEREAS, the Midlothian Youth Soccer League is a strong and well-
respected asset for Chesterfield County families; and
WHEREAS, all Chesterfield County residents benefit from the
recreational opportunities and citizenship training provided to the
1,600 young people who participate in the Midlothian Youth Soccer
League.
NOW, THEREFORE, BE IT RESOLVED, that the Chesterfield County
Board of Supervisors, this 14th day of November 2007, on behalf of the
citizens of Chesterfield County, extends its best wishes to the
Midlothian Youth Soccer League 1 thanks its adul t leaders for their
commitment to our county's youths 1 and wishes the Midlothian Youth
Soccer League continued success.
AND, BE IT FURTHER RESOLVED that a copy of this resolution be
presented to the Midlothian Youth Soccer League and that this
resolution be permanently recorded among the papers of this Board of
Supervisors of Chesterfield County, Virginia.
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CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Page 1 of 1
Meeting Date: November 14, 2007
Item Number: 5.8.
Subject:
Resolution Recognizing Mr. Peter Zaino for His Achievements in the 2007
Special Olympics World Summer Games
County Administrator's Comments:
County Administrator:
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Board Action Reauested:
Mr. Sowder requests that the Board of Supervisors adopt this resolution
recognizing Mr. Peter Zaino for his achievements in the 2007 Special Olympics
World Summer Games.
Summary of Information:
This resolution will recognize Special Olympics athlete Mr. Peter Zaino for
his achievements in earning two gold medals and a 4th-place ribbon at the 2007
Special Olympics World Summer Games in Shanghai, Chinal reflecting great
credit on himself, his county and his nation.
Preparer:
Donald J. Kappel
Title: Director. Public Affairs
Attachments: . Yes
DNo
# 000005
RECOGNIZING MR. PETER ZAINO ON HIS OUTSTANDING REPRESENTATION
OF CHESTERFIELD COUNTY AT THE SPECIAL OLYMPICS WORLD SUMMER GAMES
WHEREAS, Mr. Peter Zaino is a resident of the Midlothian District
of Chesterfield County, Virginia; and
WHEREAS, Mr . Zaino joined wi th more than 400 other a thletes to
represent Team USA in the 2007 Special Olympics World Summer Games in
Shanghai, China; and
WHEREAS, Mr. Zaino was one of eight Virginia athletes competing;
and
WHEREAS, all eight Virginia athletes earned a medal this year,
astounding even their staunchest supporters; and
WHEREAS/ Mr. Zaino and the other athletes performed in front of
more than 80,000 spectators in Shanghai/ and for a global television
audience; and
WHEREAS/ Mr. Zaino/s training and hard work in preparing for the
Special Olympics paid off, as he earned two gold medals; and
WHEREAS, the first gold medal was for the 25-meter butterfly
swimming event; and
WHEREAS, the second was for the 4 by 50-meter relay; and
WHEREAS, Mr. Zaino also earned a 4th-place ribbon in the 50-meter
freestyle event; and
WHEREAS, Mr. Zaino's achievements in the 2007 Special Olympics
World Summer Games in Shanghai, China brought credi t to himself / to
the United States of America, and to Chesterfield County, Virginia.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board
of Supervisors, this 14th day of NQvember 2007 / on behalf of the
citizens of Chesterfield County, extends its congratulations to Mr.
Peter Zaino for his outstanding athletic achievements, commitment and
dedication, and thanks him for his performance in Shanghai, China,
which reflected well on him, his community and his nation.
AND, BE IT FURTHER RESOLVED that this resolution be presented to
Mr. Zaino and that it be permanently recorded among the papers of this
Board of Supervisors of Chesterfield County, Virginia.
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CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Page 1 of 1
Meeting Date: November 14,2007
Item Number: s.c.
Subiect:
Recognition of Lieutenant Peter C. Svoboda Upon His Retirement on December 1,
2007, After Serving the County for Twenty-Five Years with Dedicated Service
County Administrator's Comments:
County Administrator:
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Board Action Reauested:
Adoption of resolution
Summary of Information:
Presentation of resolution
Preparer:
Paul W. Mauaer
Title: Fire Chief
Attachments: . Yes
DNO
# 000007
RECOGNIZING LIEUTENANT PETER C. SVOBODA UPON HIS RETIREMENT
WHEREAS, Lieutenant Peter C. Svoboda will retire from the Fire
and Emergency Medical Services Department, Chesterfield County, on
December 1, 2007; and
WHEREAS, Lieutenant Svoboda attended Recruit School #13 in 1982
and has faithfully served the county for 25 years in various
assignments, as a firefighter at the Wagstaff and Bensley Fire and EMS
Stations; and as a lieutenant at the Dale, Matoaca, Airport, Clover
Hill and Courthouse Road Fire and EMS Stations; and
WHEREAS, Lieutenant Svoboda was selected for the key position of
Coordinator for Recruit School #18 in 1987; served faithfully as an
integral member and leader of the HAZMAT Team; and spearheaded the
creation of the Chesterfield Fire and Emergency Medical Services
Department's Mediation Team; and
WHEREAS, Lieutenant Svoboda was recognized in October
wi th an Emergency Medical Services Life Save award for his
saving the life of a man found in cardiac arrest; and
of 1989
role in
WHEREAS, Lieutenant Svoboda was recognized in October of 1995
with an Emergency Medical Services Unit Citation for his role in the
extrication and rescue of a citizen trapped in a wrecked vehicle; and
WHEREAS, Lieutenant Svoboda served as the President of Local
2803, Chesterfield Professional Firefighters Association for 15 years,
advocating for career firefighters and facilitating positive relations
between the workforce and administration.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board
of Supervisors, this 14th day of November 2007, publicly recognizes the
contributions of Lieutenant Peter C. Svoboda, expresses the
appreciation of all residents for his service to the county, and
extends appreciation for his dedicated service and congratulations
upon his retirement.
AND, BE IT FURTHER RESOLVED that a copy of this resolution be
presented to Lieutenant Svoboda, and that this resolution be
permanently recorded among the papers of this Board of Supervisors of
Chesterfield County, Virginia.
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CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Page 1 of3
Meeting Date: November 14, 2007
Item Number:
8.A.
Subject:
Approval of Agreements and Financial Designations to Purchase the Ground
Lease at Cloverleaf Mall
County Administrator's Comments:
County Administrator: fJ!J
Board Action Requested:
The Board is requested to take four actions to authorize the purchase of the
remaining ground lease at Cloverleaf Mall:
1. Approve and ratify the attached Purchase and Sale Agreement for the
purchase of Millmar Partnership, L.P.'s interest in the approximately 43-acre
Cloverleaf Mall parcel.
2. Authorize the County Administrator to send Millmar Partnership, L.P.
notice of a January 29, 2008 closing date under the Purchase and Sale
Agreement.
3. Approve and authorize the County Administrator to execute an assignment
of the County's interest in the Purchase and Sale Agreement to the Economic
Development Authority of the County of Chesterfield.
4 . Approve a $7.25 million increase in the note between the Economic
Development Authority and Wachovia Bank and amend the Support Agreement to
reflect this increase.
Summary of Information:
In 2004, the Economic Development Authority purchased the Cloverleaf Mall
buildings together with adjoining parcels of land, including the former
"Sears" parcel. Financing for these purchases was provided through a line of
credit loan of up to $10,000,000 to the EDA which was backed by a Support
Agreement under which the County is obligated, subject to annual
appropriations, to make the loan payments.
Preparer:
Steven L. Micas
Title: County Attornev
2723(00):76958.1
Attachments:
. Yes
DNO
# 000009
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CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Page 2 of3
The land under the mall buildings is owned by Millmar Partnership, L.P. and
rented to the EDA pursuant to a ground lease. The current purchase agreement
is for the EDA to purchase Millmar's interest, thereby terminating the ground
lease and its rental payment and allowing the EDA to hold all of the
ownership interests in Cloverleaf Mall. If the Board approves the purchase
of the ground lease, the pending lawsuit with Millmar contesting the manner
of valuing the leasehold will be dismissed.
The monthly rental payment under the ground lease, which will increase in
June 2008, is expected to approximate the monthly interest payment on the
$7.25 million increase in the note; accordingly, the current appropriation
for ground lease payments will be sufficient for making the increased
interest payments through the end of FY2008. The EDA anticipates retiring
the note from proceeds from the sale of the property to Crosland.
In January 2007, the County and the EDA entered into a Purchase and Sale
Agreement with Crosland Investments, LLC pursuant to which Crosland will
purchase Cloverleaf Mall from the EDA and redevelop it into a mixed use
project with commercial, office and residential uses. The completion of the
purchase by Crosland is subject to several contingencies, including rezoning
of the property, agreement on economic development incentives and the
acquisition of Millmar's interest.
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CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Page 3 of 3
Meeting Date: November 14,2007
Budaet and Manaaement Comments:
The Economic Development Authority (EDA) has financed the acquisition of
Cloverleaf Mall through a variable rate line of credit in an amount not to
exceed $10 million. The EDA has drawn down $9.225 million on this note.
Interest rates are tied to the LIBOR market rate index and reset daily. The
maturity date for the existing line of credit is October 2008. The county,
through a support agreement with the EDA, has agreed to provide the EDA
with funds sufficient to make payments on the line of credit, subject to
appropriation. The EDA intends to repay the loan from proceeds from the
sale of the mall property to Crosland.
This item requests the Board's approval for the EDA to increase the line of
credit used to finance the acquisition of the mall by $7.25 million to
acquire interest in the ground lease and thus gain complete control of the
mall property. Other terms of the existing line of credit are proposed to
remain unchanged. Furthermore, the item requests that the Board amend the
support agreement for the county to make payments to the EDA to provide
funds sufficient to make payments on the increased line of credit.
The monthly rental payment for the existing ground lease can be substituted
for and is estimated to approximate the cost of interest to borrow an
additional $7.25 million. A comparison of the existing monthly ground lease
payments and interest expense on an additional $7.25 million is shown below.
Ground Lease
Interest on $7.25M
Current
$28,300
$34,740 (at 5.75%)
Future
$37,000 beginning June 2008
$36,250 (estimated at 6.0%)
Based on the above and the recommended January closing date, the cost of the
lease is estimated to approximate the increased interest cost on $7.25
million. Sufficient appropriations exist for making the increased interest
payments through the end of the fiscal year.
Pre parer:
Allan M. Carmody
Title: Director, Budqet and Manaqement
000011
REAL ESTATE PURCHASE AGREEMENT
THIS REAL ESTATE PURCHASE AG~EMENT (this "AgreementT1) is made as of
October -' 2007 by MILL MAR P ARTNERSIDP, L.P., a Virginia limited partnership
("Sel1erll), and THE COUNTY OF CHESTERFIELD, VIRGINIA, a political subdivision and
body politic of the Commonwealth of Virginia ("Purchaser").
RECIT ALS
Seller owns certain real property located in the southwest quadrant of the interchange of
Midlothian Turnpike and Chippenham Parkway, in the County of Chesterfield, Virginia, which is
more particularly described in the Lease which is described below (the "Land"). The Seller's
interest in the Land is subject to the GroWld Lease Agreement, dated January 18, 1966, between
John H. Marks and Elizabeth R. Marks, predecessors in title to the Seller, as Lessors, and
Leonard L. Farber Company, Inc., predecessor in title to The Economic Development Authority
of the County of Chesterfield, a political subdivision and body politic of the Commonwealth of
Virginia created by and affiliated with Purchaser (the "EDA"), as Lessee (which lease as
subsequently amended and modified is the "Lease"). The Land has been improved with retail
shopping space, related parking, landscaping and other amenities and improvements and operated
as the Cloverleaf Mall.
The EDA's interest in the Lease and its ownership of property adjacent to the Land was
fmanced through a loan transaction in which debt service payments are contingent upon annual
appropriations being made by the Purchaser in amounts sufficient to make such payments. In
addition, the Purchaser and the EDA are parties to a Purchase and Sale Agreement with Crosland
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Investments, LLC (the "Redevelopment Agreement") which contemplates that the EDA will
acquire the Seller's interest in the Land. To satisfy the terms of the Redevelopment Agreement,
the Purchaser intends to transfer and assign its interest in this Agreement to the EOA and to
provide support to the BOA for the financial obligations necessary to complete the purchase
transaction hereunder..
The EDA exercised its right to exercise the option to purchase the Land from Seller
pursuant to Section 44.02 of the Lease. The Seller exercised its right under Section 44.02 of the
Lease to determine the purchase price of the Land pursuant to the appraisal process contained in
Article 37 of the Lease. Certain disputes arose between Seller and the EDA concerning the
interest in the Land to be valued by the appraisal process (the "Disputes"). Seller filed a
Complaint on May 30, 2007 (the "Declaratory Judgment Action") in the Circuit Court of the City
ofRichmon~ Virginia (Case No.. CL07002704-00) seeking resolution of the Disputes. By Order
ent~ed by the Circuit Court of the City of Richmond, Virginia, dated August 8, 2007, the
Declaratory Judgment Action was transferred to the Circuit Court of the County of Chesterfield~
Virginia. Thereafter; the EDA, Purchaser and Seller engaged in discussions attempting to resolve
the Disputes and as a result of such discussions Seller has agreed to sell the Land to Purchaser
and Purchaser has agreed to purchase the Land from Seller on the terms and conditions set forth
in this Agreement. The Purchaser intends to transfer and assign its interest in this Agreement to
the EDA with the Purchaser providing support to the EDA for the financial obligations necessary
to complete the purchase transaction hereunder.
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AGREEMENT
In consideration ofTen Dollars ($10.00) cash in hand paid by Purchaser to Seller, and the
mutual covenants herein contained, and other good and valuable consideration the receipt and
sufficiency of which are acknowledge<L Purchaser agrees to purchase the Land from Seller and
Seller agrees to sell the Land to Purchaser on the following terms and conditions:
1. PURCHASE PRICE. The purchase price for the Land is Seven Million Two
Hundred Fifty Thousand and 00/100 Dollars ($7,250,000.00) which, as adjusted pursuant to the
terms of this Agreement, is the "Purchase Price" and shall be payable by wired Federal funds to
Seller's exchange intermediary at Closing (as hereinafter defined). The Purchase Price is "in
gross" and not by the acre.
2. CONDITIONED UPON BOARD APPROVAL. Notwithstanding anything
herein to the contrary, the obligations of Purchaser and Seller hereunder are expressly subject to
and conditioned upon the following actions being taken by the Board of Supervisors of the
County of Chesterfield, Virginia (the "Board of Supervisors"), on or before November 15, 2007
(the "Ratification Date"), time being of the essence: (a) approval and ratification oftms
Agreement, (b) assignment of its rights and interests in this Agreement to the ED~ (c) approval
of or appropriation of financing for the EDA in an amount sufficient and in a manner legally
sufficient to enable the EDA to pay the Purchase Price and other amounts payable hereunder.
The obligations of Purchaser and Seller hereunder are also expressly subject to and conditioned
upon (d) the EDA's approval and ratification of this Agreement and acceptance of the assignment
from the Purchaser by the Ratification Date, time being of the essence. If the actions stated in
(a), (b) (c) and (d) do not occur by the Ratification Date, either Seller or Purchaser may terminate
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this Agreement by written notice to the other and neither party shall thereafter have any rights or
obligations under this Agreement.
3. CLOSING TIME AND PLACE. Provided all conditions in Paragraph 5 of
this Agreement have been satisfied, closing of the transactions contemplated under the
Agreement (the "Closing") shall occur on or before June 30, 2008, on a date which is a business
day (meaning the day which is not a weekend, Federal, state or local holiday and Federally
insured financial institutions are open for business) selected by Purchaser pursuant to a written
notice given by the Purchaser after timely ratification and approval of this Agreement and timely
authorization and approval (and appropriation, if applicable) of Purchaser's financing as
provided above and delivered to Seller not less than one hundred twenty (120) days in advance of
the date of Closing. Closing shall be held at the office of the County Attorney of the County of
Chesterfield, Virginia, 9901 Lori Road, Suite 503, Chesterfield, Virginia 23832; provided,
however, if Purchaser delivers written notice of the date of Closing in the month of November,
2007, the Closing may be scheduled for a date as early as seventy five (75) days after the date
such notice is delivered.
4. SELLER'S RIGHT TO EXTEND THE DATE OF CLOSING.
Notwithstanding the provisions of Paragraph 3 to the contrary, the Seller shall have the
right to extend the date of Closing by written notice delivered to the Purchaser at least three (3)
days prior to the scheduled date of Closing for a period of up to ninety (90) days, even if such
extension delays the date of Closing to after June 30, 2008; provided, however, if the Closing is
scheduled by Purchaser to occur in the month of February, 2008, Seller shall have the right to
.extend the date of Closing for up to one hundred thirty five (135) days, even if such extension
delays the date of Closing to after June 30, 2008.
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5. CLOSING.
(a) Conveyances and Deliveries at Closing. Seller shall convey the Land
to Purchaser at Closing by special warranty deed. Seller shall provide the usual affidavit as to
mechanics' liens and possession required by the title insurance company and evidence of
authority to consummate this transaction. Seller shall execute and deliver at Closing a
certification as to nOD- foreign s~tus form, a form sufficient for the closing agent to prepare an
IRS Form 1099-8, and a Virginia Department of Taxation Form R-5 or R-5E, as applicable.
(b) Possession. Subject to the Lease and the rights of the Lessee under the
Lease, and any subtenants, Seller shall deliver the right of possession of the Land to Purchaser at
Closing. All risk ofl088 shall be retained by Seller until Closing.
(c) Prorations. The Lease is a net lease and all real estate taxes, all utilities,
operating expenses and other expenses associated with the Land are payable by the Lessee under
the Lease and so shall not be prorated. Rent payable under the Lease, except as otherwise
specifically provided hereunder, shall be prorated at settlement. If the date of Closing
determined by the Purchaser is after (or if Closing is delayed by the Purchaser beyond) the date
set in the Lease for the adjustment of rent, then rent under the Lease shall be adjusted as provided
under the Lease, except the fair market value of the Land upon which the adjustment of rent
under the Lease is based shall be based upon the value of $7,400,000.00, in lieu of the
determination process specified in Article 37 of the Lease.
(d) Payment of Closing Costs. The parties shall avail themselves of any
applicable exemptions from recording tax on the Deed. If the Deed is not exempt from
recordation tax, Seller shall pay at Closing the cost of the grantor's tax on the Deed. Seller shall
also pay for the cost of preparation of the Deed and other conveyancing instruments, the cost of
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0000"1.6
releasing any liens and security interests of record which have been created or caused by Seller
and its own legal fees. Purchaser shall pay at Closing, to the extent the Deed is not exempt from
recording tax, all recording taxes and fees imposed on recordation of the Deed (except for the
grantor's tax), and shall pay all survey costs, title insurance premiums and search fees and other
charges related to Purchaser's due diligence and legal fees. Unless othelVlise specified in this
Agreement, each party shall pay its own expenses, including attorneys' fees in connection with
this transaction.
6. PURCHASE PRICE ADWSTMENT AND EFFECT OF SELLER EXTENSION.
Beginning on February 16, 2008, the Purchase Price shall be adjusted and increased to an
amount equal to $7,250,000.00, plus an amount equal to interest accruing on a principal amount
equal to $7,250,000.00 at an annual rate of six percent (6%), from February 16, 2008 until the
date of Closing as selected by Purchaser or such later date upon which Closing actually occurs as
a result of any delays caused by Purchaser. The Purchase Price shall not be increased for any
period beyond the date scheduled for Closing by Purchaser as a result of the exercise by Seller of
its right to extend the date of Closing as provided above. If Seller extends the date of Closing as
provided above, Purchaser shall continue to pay rent as and when it becomes due at the rate
provided in the Lease (prorated for any partial month) through and until the date of Closing.
However, if Seller elects to extend the date of Closing as provided above, Purchaser may elect,
on the date originally scheduled by Purchaser as the date of Closing, to deposit the full amount of
the Purchase Price, as adjusted, in an escrow account acceptable to the Seller and in a manner
which shall assure the Seller that all proceeds in such escrow account shall be eligible for a
Section 1 031 tax deferred exchange and which are appropriate for investment by a public
authority, with the effective date of Closing for Section 1031 pwposes being the actual date of
6
00001.7
closing following the expiration of Seller's extension period. The Purchase Price deposited in
such escrow shall be invested in a manner acceptable to Seller and shall inure to and become part
of the Purchase Price and in such event Purchaser shall not be responsible for or liable to pay rent
during the pendency ofSeller~s extension period.
7. NOTICES. All notices called for hereunder shall be in writing and shall be
deemed to have been received upon the earlier of (i) the date when actually received, whether by
hand delivery, telefax, United States mail or nationally recognized overnight delivery service, or
~::
(ii) the fourth day after deposit with the United States mail, postage prepaid, registered or
certified mail, return receipt requested, or (iii) the first business day after deposit with a
nationally recognized overnight delivery service (Federal Express and United Parcel Service, for
example), charges prepaid for next day delivery, addressed as follows:
If to Seller:
Millmar Partnership, L.P.
909 Hockett Road
Manakin-Sabot, Virginia 23103
Attn.: Mr. John C. Miller
with a copy to:
Hirschler Fleischer
2100 East Cary Street
Richmond, Virginia 23223
Attn.: Michael H. Terry and John R. Walk
If to Purchaser:
Chesterfield County Planning Department
9800 Government Center Parkway, Suite 203
Chesterfield, Virginia 23832
Attn.: Thomas E.. Jacobson, Director of Revitalization
and
Chairman, Economic Development Authority of
the County of Chesterfield
c/o Chesterfield County Department of
Economic Development
P. O. Box 760
Chesterfield, Virginia 23832
7
000018
with a copy to:
Hunton & Williams LLP
951 East Byrd Street
Richmond, Virginia 23219-4974
Attn..: John D. O'Neill, Jr..
with a copy to:
Chesterfield County Attorney's Office
9901 Lori Road, Suite 503
Chesterfield, Virginia 23832
Attn.: Steven L. Micas, COWlty Attorney
and Tara A4 McGee, Assistant County Attorney
or to such other address as the party to receive such notice may hereafter request by written
notice to the other.
8. BROKERS. Seller and Purchaser each represents to the other that it has dealt
with no real estate agent or broker in connection with this Agreement. If either party to this
Agreement is legally obliged to pay the fees or commissions of a third party real estate agent or
consultant, such fees or commissions shall be paid by such obligated party at Closing or as soon
thereafter as such obligation is determined..
9. LIKE KIND EXCHANGE. Purchaser agrees that Seller may assign its interest
in the Land under this Agreement to a qualified intermediary designated by Seller for the purpose
of effecting an exchange for like-kind property under Section 1031 of the Internal Revenue Code
of 1986, as amended. Likewise, Seller agrees that Purchaser may assign this Agreement to a
qualified intermediary designated by Purchaser for the purpose of effecting an exchange for like-
kind property under Section 1031 of the Internal Revenue Code of 1986, as amended. Purchaser
and Seller shall each cooperate with the other in consummating the exchanges contemplated by
this paragraph; provided, however, that neither party shall incur any expense or liability
whatsoever in cOIlllection with any exchange by the other party other than would have been
8
00001.9
incurred by such party in a direct purchase as if there had been no exchange. Except as expressly
provided herein, there shall be no delay in Closing as a result of any exchange. Neither party
shall assume any liability, responsibility or obligation to the other, the Internal Revenue Service
or any other person, firm or governmental body or agency in the event all or a portion of the other
party's exchange is not tax free. Purchaser and Seller each agree to cooperate with the other's
like kind exchange and, subject to their reasonable approval, to execute any necessary
documentation, including without limitation, an Exchange and Escrow Agreement, as is
necessary to effect the like kind exchange. All costs and expense associated with the like kind
exchange shall be borne solely by the party involved in the exchange.
10. CASUALTY AND CONDEMNATION.
(a) Casualty. If any loss or damage occurs prior to Closing as a result of
fire, wind, storm or other casualty, Purchaser shall be entitled to receive an assignment of
insurance proceeds, if any, payable to Seller with respect to such loss or damage to the Land and
shall proceed to Closing with no a reduction in the Purchase Price on account thereof
(b)
Condemnation.
It: prior to the Closing, any taking pursuant to the
power of eminent domain is proposed or occurs, as to all or any portion. of the Lan~ or a sale
occurs in lieu thereof, the Purchaser shall proceed to the Closing, in which event, all proceeds,
awards and other payments arising from any such taking or sale shall be paid to the Purchaser,
with no adjustment of the Purchase Price paid at Closing being made on account thereof If
condemnation proceedings are instituted by the County to acquire title to the Land, it is hereby
stipulated by the County and Seller that this Agreement may be introduced in such proceedings
as conclusive evidence of the value of the Land taken if offered by the Seller in such
proceedings.
9.
00002:0
11. PROVISIONS EFFECTIVE UPON ASSIGNMENT TO EDA. Effective upon
assignment of this Agreement to the EDA as evidenced by acceptance of such assignment, the
. EDA shall be deemed to covenant and agree:
(a) The EDA hereby waives and releases its rights and options to purchase the
Land under the Lease, whether lUlder the purchase option contained in Section 44.01 of the Lease
or the right of first refusal option under Section 12.01 of the Lease, and agrees that the
Purchaser's rights under this Agreement shall be the sole and exclusive source of rights of the
Purchaser and/o;r the EDA to purchase the Land from the Seller.
(b) Effective immediately upon Closing, the Lease shall merge into the fee
simple title and shall be of no further force or effect.
12. MISCELLANEOUS.
(a)
Entire Aereement.
This Agreement constitutes the entire agreement
between the parties and may not be modified or changed except by written instrument executed
by both Seller and Purchaser. All prior negotiations, understandings and agreements are
superseded and are merged herein.
(b)
Successors and Assigns.
All provisions of this Agreement shall be
binding upon and inure to the benefit of the parties and their successors and assigns. Except as
provided herein, this Agreement may not be assigned by Purchaser without the written consent of
the Seller. Purchaser shall have the right, without the consent of Seller being required to assign
its rights under this Agreement to the EDA; provided, however, the Seller shall not by reason of
such assignment be released from its obligations hereunder, and no such assignment shall be
effective until such time as the conditions precedent in Paragraph 3 of this Agreement have been
satisfied in full..
10
000021.
(c)
Gender.
All pronouns shall be construed to be of such gender and
nwnber as the context may require..
(d)
Headings.
All headings are for convenience or reference only and do
not constitute a part of this Agreement or affect its meaning.
(e)
Governing Law.
This Agreement shall be governed by and construed
in accordance with the laws of the Commonwealth of Virginia.
(t) Rights and Remedies. Seller and Purchaser each reserve all rights,
remedies and powers of enforcement to which they may be entitled under applicable law, and in
equity as to this Agreement and all matters arising under this Agreement, including the right of
specific performance.
(g) Time is of the Essence. Time is strictly of the essence of this Agreement
and all dates and time periods contained herein.
(h) Dismissal ofDeclaratorv Judgment Action. Upon execution of this
Agreement, the parties agree that all legal proceedings concerning the Dispute shall be suspended
pending action by the Board of Supervisors and the Purchaser as provided in Paragraph 2. Upon
approval and ratification of this Agreement by the Board of Supervisors, the parties will jointly
submit an Order dismissing the case without prejudice to the right of either party to recommence
the case if the transaction contemplated by this Agreement does not close.
Signatures to appear on following pa.ge.
,. ~~~
11
000022
WITNESS the following duly authorized signatures.
SELLER:
MILLMAR LINlITED PAR TNERSlllP, L.P.,
a Virginia limited partnership
By: Millmar Corporation,
a Virginia corporation
Its General Partner
By: ~C~~
Pr Ident
PURCHASER:
THE COUNTY OF CHESTERFIELD, VIRGINIA,
a political subdivision and body
politic of the Commonwealth of Virginia
:~ . ~c~
ounty Attorney
#1436728 vI 3 019851.01781
12
000023
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CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Page 1 of 1
Meeting Date: November 14,2007
Item Number: 8.B.
Subiect:
Nomination of Appointment to the Towing Advisory Board
County Administrator's Comments:
County Administrator:
Q1
o
Board Action Requested:
Nominate/Appoint member to serve on the Towing Advisory Board
Summary of Information:
The members of the Towing Advisory Board serve at the pleasure of the Board
and have no set term limits. In accordance with the Code of Virginia ~46.2-
1217 adopted as County Ordinance, 1997, the Towing Advisory Board shall
include representatives of local law enforcement, towing and recovery
operators, and the general public.
Colonel Dupuis has recommended that the Board nominate and appoint Lieutenant
Clinton C. Schott to replace Captain David Pritchard on the Towing Advisory
Board. Lt. Schott meets all eligibility requirements to fill the vacancy and
has indicated his willingness to serve.
Under the existing Rules of Procedure, appointments to boards and committees
are nominated at one meeting and appointed at the subsequent meeting unless
the Rules of Procedures are suspended by a unanimous vote of the Board
members present. Nominees are voted on in the order in which they are
nominated.
Preparer:
Thierrv G. Dupuis
Title: Chief of Police
Attachments:
. Yes
DNO
# 000024
.
f1i..f!Q"~~
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Page 1 of 3
Meeting Date: November 14,2007
Item Number: s.c.
Subiect: Streetlight Installation Cost Approvals
County Administrator's Comments:
County Administrator: \~
I ;'
L//
Board Action Reauested:
This item requests Board approval of new streetlight installations in the
Bermuda District.
Summary of Information:
Streetlight requests from individual citizens or civic groups are received in
the Department of Environmental Engineering. Staff requests cost quotations
from Dominion Virginia Power for each request received. When the quotations
are received, staff re-examines each request and presents them at the next
available regular meeting of the Board of Supervisors for consideration.
Staff provides the Board with an evaluation of each request based on the
following criteria:
1. Streetlights should be located at intersections;
CONTINUED NEXT PAGE
Preparer: Richard M. McElfish
Title: Director I Environmental Enoineerinq
Attachments:
II Yes
ONO
#
000025
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Page 2 of 3
Summary of Information: (Continuedl
2. There should be a minimum average of 600 vehicles per day (VPD)
passing the requested location if it is an intersectionl or 400 VPD
if the requested location is not an intersection;
3. Petitions are required and should include 75% of residents within
200 feet of the requested location and if at an intersection, a
majority of those residents immediately adjacent to the
intersection.
Cost quotations from Dominion Virginia Power are valid for a period of 60
days. The Board, upon presentation of the cost quotation may approve, deferl
or deny the expenditure of funds from available District Improvement Funds
for the streetlight installation. If the expenditure is approved, staff
authorizes Dominion Virginia Power to install the streetlight. A denial of a
project will result in its cancellation and the District Improvement Fund
will be charged the design cost shown; staff will notify the requestor of the
denial. Projects cannot be deferred for more than 30 days due to quotation
expiration. Quotation expiration has the same effect as a denial.
BERMUDA DISTRICT:
. In the Rayon Park subdivision, on Senate Street, in the vicinity of
7600
Cost to install streetlight: $507.77
(Design Cost: $110.92)
Does not meet minimum criteria for intersection or vehicles per day
. In the Normandale Terrace subdivision, at the intersection of Arcadia
Avenue and Arcadia Court.
Cost to install streetlight: $507.77
(Design Cost: $110.92)
Does not meet minimum criterion for vehicles per day
Continued Next Page
000026
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Page 3 of 3
Summary of Information: (Continued\
BERMUDA DISTRICT (Continued):
. In the Chester East subdivision, on Gill Street, in the vicinity of
3635
Cost to install streetlight: $163.70
(Design Cost: $110.92)
Does not meet minimum criteria for intersection or vehicles per day
. In the Chester East subdivision, on Gill Streetl in the vicinity of
3701
Cost to install streetlight: $163.70
(Design Cost: $110.92)
Does not meet minimum criteria for intersection or vehicles per day
For information regarding available balances in the District Improvement Fund
accounts, please reference the District Improvement Fund Report.
000027
STREETLIGHT REQUEST
Bermuda District
Request Received: June 30, 2004
Estimate Requested: June 30, 2004
Estimate Received: November 1, 2007
Days Estimate Outstanding: 1219
NAME OF REQUESTOR: Mrs. Shirley J. Joyner
ADDRESS: 7600 Senate Street
Richmond, VA 23237
REQUESTED LOCATION:
Senate Street, vicinity of 7600, on the existing pole
Cost to install streetlight: $507.77
POLICY CRITERIA:
Intersection: Not Qualified, location is not an intersection
Vehicles Per Day: Not Qualified, less than 600 VPD
Petition: Qualified
Requestor Comments:
Staff notes that this request is a residuaJ from the 2005 Rayon Park lighting project for which
Dominion did not originally provide an estimate.
000028
Streetlight Request Map
November 14, 2007
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This map shows citizen requested
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Existing streetlight information was
obtained from the Chesterfield County
Environmental Engineering Department.
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000029
STREETLIGHT REQUEST
Bermuda District
Request Received: September 25, 2005
Estimate Requested: September 25, 2005
Estimate Received: October 18, 2007
Days Estimate Outstanding: 753
NAME OF REQUESTOR: Ms. Estelle G. Dillard
ADDRESS: 2211 Arcadia Avenue
Chester, VA 23831
REQUESTED LOCATION:
Arcadia Avenue and Arcadia Court, on the exiting pole
Cost to install streetlight: $507.77
POLICY CRITERIA:
Intersection: Qualified
Vehicles Per Day: Not Qualified, less than 400 VPD
Petition: Qualified
Requestor Comments:
None
000030
Streetlight Request Map
November 14, 2007
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This map shows citizen requested
streetlight installations in relation
to existing streetlights.
Existing streetlight information was
obtained from the Chesterfield County
Environmental Engineering Department.
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280 Feet
000031.
STREETLIGHT REQUEST
Bermuda District
Request Received: August 31, 2007
Estimate Requested: August 31, 2007
Estimate Received: November 1, 2007
Days Estimate Outstanding: 62
NAME OF REQUESTOR: Ms. Mildred P. Daffron
ADDRESS: 3636 Gill Street
Chester, VA 23831
REQUESTED LOCATION:
Gill Street, vicinity of 3635, on the exiting pole
Cost to install streetlight: $163.70
POLICY CRITERIA:
Intersection: Qualified
Vehicles Per Day: Not Qualified, less than 400 VPD
Petition: Qualified
Requestor Comments:
"Lack of streetlights causes entire area to be very dark. Unpleasant for residents and a
problem for emergency vehicles, if needed.
"In reference to 3635 Gill Street: The long time owner/resident was deceased as of July
2007. His house is now vacant and more than likely will remain so for the foreseeable
future, thus a safety and security concern."
000032
STREETLIGHT REQUEST
Bermuda District
Request Received: August 31, 2007
Estimate Requested: August 31, 2007
Estimate Received: November 1, 2007
Days Estimate Outstanding: 62
NAME OF REQUESTOR: Mrs. Mildred P. Daffron
ADDRESS: 3636 Gill Street
Chester, VA 23831
REQUESTED LOCATION:
Gill Street, vicinity of 3701, on the exiting pole
Cost to install streetlight: $163.70
POLICY CRITERIA:
Intersection: Qualified
Vehicles Per Day: Not Qualified, less than 400 VPD
Petition: Qualified
Requestor Comments:
"Lack of streetlights causes entire area to be very dark. Unpleasant for residents and a
problem for emergency vehicles, if needed."
000033
Streetlight Request Map
November 14, 2007
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This map shows citizen requested
streetlight installations in relation
to existi ng streetlights.
Existing streetlight information was
obtained from the Chesterfield County
Environmental Engineering Department.
200 Feet
000034
~~
~,;
.
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Page 1 of 4
Meeting Date: November 14, 2007
Item Number: 8.0.1.
Subject:
Transfer of Additional Funds, Authorization to Acquire Right-of-Way, and
Award a Construction Contract for the Chesterwood Drive Sidewalk Project
County Administrator's Comments:
County Administrator:
)\
(/-
Board Action Reauested: The Board is requested to take the following actions
for the Chesterwood Drive Sidewalk Project: 1) transfer $280,000 in
unallocated prior year Community Development Block Grant (CDBG) funds to the
project; 2) approve the general location and design; 3) authorize staff to
acquire right-of-way for the project, including advertising of an eminent
domain public hearing if necessary 4) authorize the County Administrator to
enter into any documents necessary to complete a conveyance to the county;
and 5) authorize the award of a construction contract, up to $370,000, to the
lowest responsible bidder.
Summary of Information: The Chesterwood Drive Sidewalk Project is Phase I of
a longer project to build sidewalk between Meadowdale Library and Meadowbrook
High School (Attachment A). The Meadowbrook Area Community Council requested
this sidewalk. Phase I entails the construction of approximately 1000 feet of
sidewalk beginning at the Meadowdale Library and extending to Cogbill Road.
The project includes curb and gutter. The sidewalk is five feet wide, with a
three-foot utility space between it and the curb (Attachment B) .
(Continued on next page)
Preparer:
R.J. McCracken
agen672
Title: Director of Transportation
Attachments:
. Yes
DNa
#
000035
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Page 2 of 4
Summary of Information: (continued)
Currently, $315,000 has been appropriated for a project estimated to cost
$595,000. Staff is recommending reallocating $280,000 in unused eDGB funds to
this project. (Attachment C) .
As plans were being developed, staff met with individual property owners
impacted by the project and explained the proposed design. Five properties
will be directly impacted by the project construction. No families will be
relocated. Four of the five property owners support the project. However,
there will be a significant impact to one of the properties due to the
proposed sidewalk and adjustments to overhead utility easements. A fence and
a mature hedge of tall evergreens must be removed from the existing right-of-
way to build the project. The owners of this property do not support the
project design due to impacts along with concerns about existing drainage
problems in the area.
Design alternatives were considered to reduce the project impacts, however,
disturbing the evergreens could not be avoided in any case. Shifting the
sidewalk to the opposite side of Chesterwood Drive was considered; however,
this was deemed impractical, as this would require pedestrians to cross the
road to get to their destinations. This project will eliminate the roadside
ditch and replace it with storm and curb and gutter. This will result in
minor improvements to drainage, but this project will not solve the
significant drainage issues in the area outside of the project limits.
This project can be built within existing right-of-way, however, temporary
construction and permanent utility easements are required. Staff will attempt
to negotiate a settlement for all of the easement acquisition. If settlements
cannot be reached, staff requests authorization to advertise a public hearing
for eminent domain proceedings.
Staff is also requesting authorization to advertise and award a construction
contract, up to $370,000 to the lowest responsible bidder.
Upon the Board's approval of the location and design, right-of-way
acquisition will begin immediately. Utilities are expected to be relocated in
the winter of 2007-2008. Construction is expected to begin in the spring of
2008.
000036
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Page 3 of 4
Recommendation:
Staff recommends the Board:
1) Transfer $280,000 in unallocated prior year CDBG funds to the project.
2) Approve the general location and design of the project.
3) Authorize staff to acquire right-of-way for the project, including
advertising of an eminent domain public hearing if necessary.
4) Authorize the County Administrator to enter into any documents
necessary to complete a conveyance to the county.
5) Authorize the County Administrator to award a construction contract,
up to $370,000 to the lowest responsible bidder.
District: Dale
000037
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CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Page 4 of 4
Meeting Date: November 14,2007
Budaet and Manaaement Comments:
The Chesterwood Drive Sidewalk Project is estimated to cost $595,000.
$315,000 In CDGB funds have already been designated for this project and
staff recommends reallocating existing CDBG funds to finance the additional
$280, 000. This $280,000 comes from two cancelled proj ects, the Ettrick
Business Center Expansion and the Lead Based Paint Program, and a contingency
fund. The Ettrick Business and Neighborhood Foundation sold the building
that was to be expanded to the small businesses that occupied the building.
The new owners do not plan to expand the building. The lead based paint
program was set up to remediate lead in housing projects funded with CDBG
funds. To date, no lead remediation has been needed, and if lead problems
arise in the future, other funds are available for this use.
Should the Board transfer the $280,000, funding will be available to
advertise and award a construction contract up to $370,000. Without the
transfer, there is not enough funding in the project to award this contract.
Chesterwood Drive Sidewalk Project
Previously designated CDBG Funds
Ettrick Business Center
Expansion
Lead Based Paint Program
CDBG Contingency Funds
Total CDBG Funds
CDBG Funding Sources
$315,000
$77,800
$120,000
$82,200
$595,000
Preparer:
Allan M. Carmody
Title: Director, Budaet and ManaQement
000038
Chesterwood Drive Sidewalk Project
I
i I r IIlII 000 OterfOf wnh SIJ-95A
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TYPICAL SECTION
ED.
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STIJ"ION 12'5232 TO STATION 2J.39.47
000040
I ATTACHMENT B I
Chesterwood Drive Sidewalk Project
(Meadowdale Library to Cogbill Road)
$62,000
$30,000
$86,000
$307,000
$50 J 000
$60,000
$595,000
Allocation
FY07 Budget Community Development Block Grant $215,000
FY08 Budget Community Development Block Grant $100,000
PROPOSED 11/14/2007 Community Development Block Grant $280,000
TOTAL $595,000
000041.
I ATTACHMENT C I
.~'
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~- ~~ ~
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Page 1 of 1
Meeting Date: November 14,2007
Item Number: 8.0.2.a.
Subiect:
Recognition of Firefighter McKinley Meade, Jr. Upon His Retirement on October
1, 2007, After Twenty-Three Years of Dedicated Service to the County
County Administrator's Comments:
County Administrator: ())
{/
Board Action Reauested:
Adoption of attached resolution.
Summary of Information:
Staff requests the Board adopt the attached resolution recognizing
Firefighter McKinley Meade, Jr. for 23 years of service to the county.
Preparer:
Paul W. Mauaer
Title: Fire Chief
Attachments:
. Yes
DNa
#
000042
RECOGNIZING FIREFIGHTER MCKINLEY MEADE,. JR. UPON HIS RETIREMENT
WHEREAS, . Firefighter McKinley Meade, Jr.
and Emergency Medical Services Department,
October 1, 2007; and
retired from the Fire
Chesterfield County, on
WHEREAS, Firefighter Meade answered his country's call to duty in
the service of the United States Air Force from 1972 through 1976,
where he completed a tour of duty in combat in South East Asia; and
WHEREAS, Firefighter Meade attended Recrui t School #15
and has faithfully served the county for 23 years in
assignments as a firefighter at the Bon Air, Wagstaff, Enon,
Hill, Manchester, and Buford Fire and EMS Stations; and
in 1984
various
Clover
WHEREAS, Firefighter Meade was recognized
compassion in non-emergency duties through
appreciation; and
for his care
many letters
and
of
WHEREAS, Firefighter Meade was ~ecognized as an effective team
member at many emergency scenes, such as the traumatic injury scene on
Chestnut Bluff Terrace in January 1997, and has served the county with
honor, courage, and due diligence in the fulfillment of his duties;
and
WHEREAS, Firefighter Meade was recognized with Unit Citations for
his role in March 1993 on the scene of a drowning at the Chester YMCAj
in September 1993 on the accident scene on Ironbridge Road; in May
1995 on the fire ground at Old Buckingham Station; in October 2004 on
the accident scene on Jefferson Davis Highway; and in February 2007 on
the scene of a choking on South Providence Roadj and
WHEREAS, Firefighter Meade was recognized with a Unit Citation
for his essential role in the successful rescue of a family from their
burning home on Elmart Lane in April 2005.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board
of Supervisors recognizes the contributions of Firefighter McKinley
Meade I Jr., expresses the appreciation of all residents for his
service to the county, and extends appreciation for his dedicated
service and congratulations upon his retirement.
000043
.-~
1 ~
"~~ ~
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Page 1 of 1
Meeting Date: November 14,2007
Item Number: 8.D.2.b.
Subiect:
Recognition of Firefighter Roger A. Warden Upon His Retirement on November 1,
2007, After Twenty-Five Years of Dedicated Service to the County
County Administrator's Comments:
County Administrator:
()J
()
Board Action Reauested:
Adoption of attached resolution.
Summary of Information:
Staff requests the Board adopt the attached resolution recognlzlng
Firefighter Roger A. Warden for 25 years of service to the county.
Pre parer:
Paul W. MauQer
Title: Fire Chief
Attachments:
. Yes
DNO
#
000044
RECOGNIZING FIREFIGHTER ROGER A. WARDEN UPON HIS RETIREMENT
WHEREAS, Firefighter Roger A. Warden retired from the Chesterfield
County Fire and Emergency Medical Services Department on November 1, 2007j
and
WHEREAS, Firefighter Warden attended Recruit School #12 in 1982 and has
faithfully served the county for 25 years in various assignments as both an
engine and truck company firefighter at the Wagstaff, Manchester, Clover
Hill, Midlothian, Dutch Gap, Matoaca, Bon Air and Buford Fire and EMS
Stationsj and
WHEREAS, Firefighter Warden was active as a Dive Team member, Tactical
Medic Team member j Fire Service Instructor, and the first Firefighter
Specialist for Chesterfield Fire and EMS; and
WHEREAS, Firefighter Warden has helped train many firefighters and
paramedics during his career, which will forever benefit Chesterfield Fire
and EMSj and
WHEREAS, Firefighter Warden was Career Firefighter of the Year for 1998,
and recognized by the volunteer firefighters at Company 4 as The Bradley
McNeer Firefighter of the Year in 2002j and
WHEREAS, Firefighter Warden was awarded the department's Medal of Valor
in 2004 and Firehouse Magazine's Valor Award for his actions in a water
rescue during Tropical Storm Gastonj and
WHEREAS, Firefighter Warden created and taught for the past 12 years an
awareness program for new teen drivers called It I S Your Decision, which
received a NACo award in 1998; and the program has been delivered to over
25,000 students, including high school students, military personnel, numerous
civic groups and Parent-Teacher Associations; and
WHEREAS, Firefighter Warden was recognized as an effective team member
at many emergency scenes, including key tactical positions at numerous fires
that resulted in the saving of lives and reduction of property loss.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of
Supervisors recognizes the contributions of Firefighter Roger Warden,
expresses the appreciation of all residents for his service to the county,
and extends appreciation for his dedicated service and congratulations upon
his retirement.
000045
.1 .1iiJl j,
!, ~ :: - _;., ,1,1
~~~~
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Page 1 of 1
Meeting Date: November 14, 2007
Item Number: 8.D.2.c.
Subject:
Recognition of Firefighter Robert "Doug" Corrada Upon His Retirement on July
1, 2007, After Serving the County with Nearly Thirty Years of Dedicated
Service
County Administrator's Comments:
County Administrator:
Ql
--
Board Action Reauested:
Adoption of attached resolution.
Summary of Information:
Staff requests the Board adopt the attached resolution recognlz1ng
Firefighter Robert "Doug" Corrada for nearly 30 years of services to the
county.
Pre parer:
Paul W. Mauaer
Title: Fire Chief
Attachments:
. Yes
ONO
#
000046
RECOGNIZING FIREFIGHTER ROBERT D. CORRADA
UPON HIS RETIREMENT
WHEREAS, Firefighter Robert "Doug" Corrada retired from the Fire
and Emergency Medical Services Department 1 Chesterfield County 1 on
July 1, 2007; and
WHEREAS, Firefighter Corrada faithfully served the department for
nearly 30 years, as a firefighter at the Bon Airl Buford, Bensley,
Wagstaff and Ettrick Fire and EMS Stations; and
WHEREAS, Firefighter Corrada was recognized with a Unit Citation
as a result of his outstanding actions on December 13, 19961 when his
unit responded to an apartment fire while under extreme fire
conditions, ground ladders were placed at the windows, and two
children were rescued from the burning building; and
WHEREAS, Firefighter Corrada was involved in a successful
extrication of a victim involved in a severe motor vehicle accident on
May 14, 1999; and
WHEREAS, Firefighter Corrada displayed his dedication to the
department by being the only volunteer to be assigned as a Chief's
aide.
NOW, THEREFORE 1 BE IT RESOLVED that the Chesterfield County Board
of Supervisors recognizes the contributions of Firefighter Robert
"Doug" Corrada, expresses the appreciation of all residents for his
service to the county, and extends appreciation for his dedicated
service and congratulations upon his retirement.
000047
'.
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Page 1 of 1
Meeting Date: November 14,2007
Item Number: 8.D.2.d.
Subject:
Recognizing Ms. Deanna Ida Storm and Ms. Michelle Eleanor Harper Upon
Attaining the Gold Award
County Administrator's Comments:
County Administrator: jJ
Board Action Reauested:
Adoption of attached resolution.
Summary of Information:
Staff has received a request for the Board to adopt resolutions recognlzlng
Ms. Deanna Ida Storm and Ms. Michelle Eleanor Harper, both of Troop 569,
sponsored by Grace Lutheran Church, upon attaining the Gold Award.
Preparer:
Janice Blaklev
Title: Clerk to the Board
Attachments:
. Yes
DNO
#
000048
WHEREAS, the Girl Scouts of the United States
organization serving over 2. 7 million girls and was
citizenship training and personal development; and
of America is an
founded to promote
WHEREAS, after earning three interest project patches, earning the Girl
Scout Gold Leadership Award, the Girl Scout Gold Career Award, and the Girl
Scout Gold 4Bs Challenge Award, and designing and implementing a Girl Scout
Gold Award project; and
WHEREAS, the Gold Award is the highest achievement award in Girl
Scouting and symbolizes outstanding accomplishments in the areas of
leadership, community service, career planning, and personal development; and
WHEREAS, the Girl Scout Award can only be earned by girls aged 14-18 or
in grades 9-12 and is received by less than six percent of those individuals
entering the Girl Scouting movement; and
WHEREAS, Ms. Deanna Ida Storm ~nd Ms. Michelle Eleanor Harper, both of
Troop 569, sponsored by Grace Lutheran Church, have accomplished these high
standards and have been honored with the Girl Scouts of America Gold Award by
the Girl Scout Commonwealth Council of Virginia, Incorporated; and
WHEREAS, growing through their experiences in Girl Scouting, learning
the lessons of responsible citizenship, and priding themselves on the great
accomplishments of their country, Deanna and Michelle are indeed 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 recognizes Ms. Deanna Ida Storm and Ms. Michelle Eleanor Harper,
extends congratulations on their attainment of the Gold Award and
acknowledges the good fortune of the county to have such outstanding young
women as its citizens.
000049
.
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Page 1 of 1
Meeting Date: November 14,2007
Item Number: 8.0.2.e.
Subject:
Resolution Recognizing the Groundbreaking of a Youth Ministries Building at
Mount Gilead Full Gospel International Ministries
County Administrator's Comments:
County Administrator:
(j)
U
Board Action Reauested:
Mr. Warren requests that the Board of Supervisors adopt this resolution
recognizing the groundbreaking of a new youth ministries building at Mt.
Gilead Full Gospel International Ministries.
Summary of Information:
This resolution will recognize the phenomenal growth of this congregation from
25 members to more than 4,800 members over the past 11 years, and extends best
wishes to the church for continued growth and success in its service to the
residents of Chesterfield CountYr Virginia.
Preparer:
Donald J. KaDoel
Title: Director~ Public Affairs
Attachments: . Yes
DNO
#
000050
RECOGNIZING MOUNT GILEAD FULL GOSPEL INTERNATIONAL MINISTRIES
ON THE GROUNDBREAKING OF A YOUTH MINISTRIES BUILDING
WHEREAS, Mount Gilead Full Gospel International Ministries has been under
the leadership of Bishop Daniel Robertson, Jr. for 11 years; and
WHEREAS, during that time, under the leadership of Bishop Robertson and his
wife, co-pastor Elena Robertson, the church has grown from 25 members to more
than 4,800 members; and
WHEREAS, the church was founded at 7900 Walmsley Boulevard; and
WHEREAS, as the congregation grew, the small church would not hold all the
worshippers; and
WHEREAS, other locations used by the church over the years have included
Manchester High School, Bailey Bridge Middle School and Manchester Middle
School; and
WHEREAS, since August of 2004, Mount Gilead Full Gospel International
Ministries has been located at 2501 Mount Gilead Boulevard; and
WHEREAS, to serve its growing church community, Mount Gilead Full Gospel
International Ministries is constructing a youth ministries building; and
WHEREAS, this facility will serve both the church and the community-at-
largej and
WHEREAS, the groundbreaking for the new building will be held on Saturday,
November 24, 2007 at 11 a.m.; and
WHEREAS, this expansion will help to make Mount Gilead Full Gospel
International Ministries even more effective in offering its many services and
spiritual leadership to the residents of Chesterfield County.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield Board of Supervisors,
on behalf of the citizens of Chesterfield County, extends its congratulations to
the Mount Gilead Full Gospel International Ministries on the occasion of its
expansion, further congratulates Bishop Daniel Robertson, Jr. and co-pastor
Elena Robertson on the noteworthy results they have had in building their
congregation, and extends sincere best wishes to Mount Gilead Full Gospel
International Ministries for continued success.
000051.
.---
" II
" "~IN~~
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS Page 1 of 1
AGENDA
Meeting Date:
November 14,2007 Item Number: 8.D.2.f.
Subiect:
Resolution Recognizing Mr. Wesley B. Butterfield Upon His Retirement January
1, 2008
County Administrator's Comments:
County Administrator: (])
(j
Board Action ReQuested:
Staff requests the Board adopt the attached resolution.
Summary of Information:
Staff requests the Board adopt the attached resolution recognizing Wesley B.
Butterfield for 15 years of dedicated service to the Chesterfield County
Information Systems Technology Department.
Preparer: Barry Condrey
Title: Director. 1ST
Attachments:
. Yes
DNO
# 000052
RECOGNIZING MR. WESLEY (BERT) BUTTERFIELD UPON HIS RETIREMENT
WHEREAS, Mr. Wesley (Bert) Butterfield will retire from the
Chesterfield County Information Systems Technology Department on
January 1, 2008 after providing 15 years of quality service to the
citizens of Chesterfield County; and
WHEREAS, Mr. Butterfield has faithfully served the county in the
capacity of production services shift supervisor and senior systems
programmer for the Information Systems Technology Departmenti and
WHEREAS, Mr. Butterfield has provided exceptional customer
service in resolving system software problems and actively
participated in researching, planning and the implementation of
special projects; and
WHEREAS, Mr. Butterfield served as an active member of the IST
Quality Council and provided exceptional leadership on the Standards
Review Board, Quality Assurance Committee, Chesterfield County Y2K
Committee; and
WHEREAS, Mr. Butterfield has developed secure mainframe system
applications, coordinated system development wi th internal and
external developers, updated Chesterfield County School's Automated
Scheduling System, and assisted with the preparation of systems
documentation and user manualsi and
WHEREAS, Mr. Butterfield has demonstrated outstanding teamwork
and a high standard of professionalism throughout his tenure at 1ST,
and his ability to work in a team environment, promoting an atmosphere
of support and assistance, has been essential to the organization's
success; and
WHEREAS, Mr. Butterfield's actions are a reflection of the
unselfishness that his co-workers have come to recognize in him, and
his cheerful character, diligence and enthusiasm, and selfless
dedication to Chesterfield County are a model for all county
employees; and
WHEREAS, Chesterfield County and the Board of Supervisors will
miss Mr. Butterfield's dedicated service and adherence to high moral
principles.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board
of Supervisors recognizes Mr. Wesley (Bert) Butterfield, and extends
on behalf of its members and the citizens of Chesterfield County,
appreciation for his service to the county, congratulations upon his
retirement, and best wishes for a long and happy retirement.
000053
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Page 1 of 1
Meeting Date: November 14, 2007
Item Number:
8.D.2.g.
Subiect:
Adopt a Resolution Requesting that the General Assembly of Virginia Take
Action to Prevent Exploitive Payday Lending Practices
County Administrator's Comments:
County Administrator:
Board Action Reauested:
The Board is requested to adopt the attached resolution to request that the
General Assembly and Governor of Virginia take action to prevent exploitive
payday lending practices.
Summary of Information:
Some payday lenders use lending practices which can exploit citizens who may
have no other choices for loans. There is concern about the negative
financial consequences to payday lender customers due to the exceptionally
high interest rates that are charged by these lenders.
The Board has been asked to adopt the attached resolution asking that the
General Assembly and the Governor of Virginia take action at the next session
of the General Assembly to enact an annual interest rate cap for any consumer
loans made in the Commonwealth as well as additional consumer credit
protections.
While no payday lenders are currently located within Chesterfield County,
there are several that are accessible to county residents since they are
located just outside the county's borders. The City of Staunton has adopted
a similar resolution regarding payday lending and has requested that this
Board do the same. Mr. Miller has asked that this request be considered by
the Board.
Preparer:
Steven L. Micas
Title: County Attornev
2723(00):76841.2(76842.1 )
Attachments:
. Yes
DNO
#000054
WHEREAS, the Board of Supervisors of the County of Chesterfield,
Virginia represents the citizens of the County of Chesterfield; and
WHEREAS/ the Board of Supervisors of the County of Chesterfield
senses from the citizens of the County of Chesterfield significant
concern over what are perceived to be some exploitative payday lending
practices in the County of Chesterfield and elsewhere in the
Commonwealth/ including practices which may exploit dedicated, brave
women and men who are called for deployment as part of the armed forces
of our Nation both in the United States and various parts of the world in
the cause of freedom and security of our Nation; and
WHEREAS/ the Board of Supervisors of the County of Chesterfield,
Virginia shares these same significant concerns and wishes to express the
collective sentiments of the People of the County of Chesterfield/
Virginia/ that the General Assembly and Governor of Virginia ought to
take action to prevent further exploitative payday lending practices; and
WHEREAS/ it is vital that the General Assembly and the Governor of
Virginia give their earnest attention to these matters at the next
regular session of the General Assembly and enact laws that will prevent
further exploitative payday lending practices.
NOW/ THEREFORE/ BE IT RESOLVED by the Board of Supervisors of the
County of Chesterfield, Virginia, that the General Assembly and the
Governor of the Commonwealth of Virginia are requested to take action in
connection with the next regular session of the General Assembly of
Virginia to enact laws that will prevent further exploitative payday
lending practices, including but not limited to:
1. Enactment of an annual interest rate cap for any consumer loans
made in the Commonwealth of Virginia;
2. Prohibition of the use of a personal check or other method by a
creditor to gain access to a consumer's bank account or method to gain
title to a consumer's motor vehicle as collateral for a payday loan; and
3. Enactment of supplementary and complementary provisions which
mirror the provisions of what is commonly referred to as the Talent-
Nelson Amendment (Senate Amendment 4331), entitled l1Terms Of Consumer
Credi t Extended to Servicemember Or Servicemember J s Dependent nand
referenced on page 86352 of the June 22, 2006 Congressional Record -
Senate, a copy of which is annexed to and incorporated by reference in
this Resolution.
000055
2723 :76842.1
AMENDMENT NO. 4331
(Purpose: To establish requirements with respect to the terms of consumer credit ex-
tended by a creditor to a servicemember or the dependent of a servicemember, and for
other purposes)
At the appropriate place, insert the following:
SEC. TERMS OF CONSUMER CREDIT EXTENDED TO
SERVICEMEMBER OR SERVICEMEMBER'S DEPENDENT.
(a) TERMS OF CONSUMER CREDIT.- Title II of the Servicemembers Civil
Relief Act (50 V.S.C. App. 521 et seq.) is amended by adding at the end the following
new section:
"SEC. 208. TERMS OF CONSUMER CREDIT.
"(a) INTEREST.-A creditor who extends consumer credit to a servicemember or
a servicemember's dependent shall not require the servicemember or the
servicemember's dependent to pay interest with respect to the extension of such credit,
except as-
"(1) agreed to under the terms of the credit agreement or promissory note;
"(2) authorized by applicable State or Federal law; and
"(3) not specifically prohibited by this section.
"(b) ANNUAL PERCENTAGE RATE.-A creditor described in subsection (a)
shall not impose an annual percentage rate greater than 36 percent with respect to the
consumer credit extended to a servicemember or a servicemember's dependent.
"(c) MANDATORY LOAN DISCLOSVRES.-
"(1) INFORMATION REQUIRED.-With respect to any extension of consumer
credit to a servicemember or a servicemember's dependent, a creditor shall provide to the
servicemember or the servicemember's dependent the following information in writing,
at or before the issuance of the credit:
"(A) A statement of the annual percentage rate applicable to the extension of credit.
"(B) Any disclosures required under the Truth in Lending Act (15 U.S.C. 1601 et
seq. ) .
"(C) A clear description of the payment Db-ligations of the servicemember or the
servicemember's dependent, as applicable.
"(2) TERMS.-Such disclosures shall be presented in accordance with terms
prescribed by the regulations issued by the Board of Governors of the Federal Reserve
System to implement the Truth in Lending Act (15 D.S.C. 1601 et seq.).
"(d) LIMITATION.-A creditor described in subsection (a) shall not automatically
renew, repay, refinance, or consolidate with the proceeds of other credit extended by the
same creditor any consumer credit extended to a servicemember or a servicemember's
dependent without-
000056
2723 :77056.1
"(1) executing new loan documentation signed by the servicernember or the
servicemember's dependent, as applicable; and
"(2) providing the loan disclosures described in subsection (c) to the
servicemember or the servicemember's dependent.
"(e) PREEMPTION.-Except as provided in subsection (f)(2), this section
preempts any State or Federal law, rule, or regulation, including any State usury law, to
the extent that such laws, rules, or regulations are inconsistent with this section, except
that this section shall not preempt any such law, rule, or regulation that provides
additional protection to a servicemember or a servicemember's dependent.
"(f) PENALTIES.-
"(1) MISDEMEANOR.-Any creditor who knowingly violates this section shall
be fined as provided in title 18, United States Code, or imprisoned for not more than one
year, or both.
"(2) PRESERVATION OF OTHER REMEDIES.- The remedies and rights
provided under this section are in addition to and do not preclude any remedy otherwise
available under law to the person claiming relief under this section, including any award
for consequential and punitive damages.
"(g) DEFINITION.-For purposes of this section, the term 'interest' includes
service charges, renewal charges, fees, or any other charges (except bona fide insurance)
with respect to the extension of consumer credit. ' , .
(b) CLERICAL AMENDMENT.- The table of contents of the Servicemembers
Civil Relief Act (50 V.S.C. App. 501) is amended by inserting after the item relating to
section 207 the following new item:
"Sec. 208. Terms of consumer credit".
000057
2723 :77056.1
2
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Page 1 of 2
Meeting Date: November 14,2007
Item N urn ber: 8.D.3.a.1.
Subject:
Transfer of $15,970 in Bermuda District Improvement Funds to the
BenSley/Bermuda Volunteer Rescue Squad to Purchase Hydraulic Rescue Tools
Used To Extricate People Trapped in Vehicles
County Administrator's Comments:
County Administrator: J
Board Action ReQuested:
Transfer of $15,970 in Bermuda District Improvement Funds to the
BenSley/Bermuda Volunteer Rescue Squad to purchase hydraulic rescue tools
used to extricate people trapped in vehicles.
Summary of Information:
Supervisor King has requested the Board to transfer $15, 970 in Bermuda
District Improvement Funds to the BenSley/Bermuda Rescue Squad to purchase
hydraulic rescue tools used to extricate people trapped in vehicles. The
Board is authorized to transfer these funds pursuant to Section 15.2-953B of
the Code of Virginia since the Bensley/Bermuda Volunteer Rescue Squad is a
non-profit rescue squad operating within the County.
Preparer:
Allan M. Carmody
Title: Director, Budaet & Manaaement
0425:76962.1
Attachments:
. Yes
DNO
#
000058
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Page 2 of 2
.For information regarding available balances in the District Improvement Fund
accounts, please reference the District Improvement Fund Report.
000059
\o\w\O~
Page 1
DISTRICT IMPROVEMENT FUNDS
APPLICA TION
This application must be completed and signed before the County can
consider a request for funding with District Improvement Funds. Completing and
signing this form does not mean that you will receive funding or that the County
can legally consider your request. Virginia law places substantial restrictions on
the authority of the County to give public funds, such as District Improvement
Funds, to private persons or organizations and these restrictions may preclude
the County.s Board of Supervisors from even considering your request.
1. What is the name of the applicant
(person or organization) making this funding
request?
Bensley Bermuda Volunteer Rescue Squad
2 If an organization is the applicant, what is
the nature and purpose of the organization?
(Also attach organization1s most recent
articles of incorporation and/or bylaws to
application. )
To provide emergency medical and rescue services
3. What is the amount of funding you are
seeking?
$15,970.00
4. Describe in detail the funding request and
how the money, if approved, will be spent.
IIGENESIS" brand hydraulic rescue tool used to extricate people trapped in
accidents.
5. Is any County Department involved in the
project, event or program for which
you are seeking funds?
Chesterfield Fire & EMS Department
6.
If this request for funding will not fully fund
your activity or program, what other
individuals or organizations will provide
the remainder of the funding?
000060
Page 2
7. If applicant is an organization, answer the following:
Is the organization a corporation? Yes ~ No D
Is the organization non-profit? Yes ~ No D
Is the organization tax-exempt? Yes ~ No D
8. What is the address of the applicant
making this funding request?
Bensley Bermuda Volunteer Rescue Squad; P. O. Box 3360; Chester,
Virginia, 23831
9. What is the telephone number; fax number,
e-mail address of the applicant?
Bensley Bermuda Volunteer Rescue Squad; 804-748-5708; 804-530-6122;
ima 1 050@aol.com
Signature of applicant. If you are signing
on behalf of an organization you must be
the president, vice-president,
chairman/director or vice-chairman
of the organization.
~-;)
Signature
CI1.lfF()~ OPerAfw>,,-,S ( U5 brILEc.To~
Title (if signing on behalf of an organization)
Printed Name bldLrC'-{ (~lJ/Lu }11he (Le r
Date
{O II G, ( 2007
000061.
.--
I ~
- -. - "
!G..!~..
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Page 1 of 1
Meeting Date: November 14,2007
Item Number: 8.0.3.8.2.
Subject:
Transfer of $15,000 in Bermuda District Improvement Funds to the Chesterfield
County School Board to Purchase Equipment and Supplies to Support Programs at
the Community High School
County Administrator's Comments:
County Administrator:
Q:j
U
Board Action Reauested:
Transfer of $15,000 in Bermuda District Improvement Funds to the Chesterfield
County School Board to purchase equipment and supplies to support programs at
the Community High School.
Summary of Information:
Supervisor King has requested to transfer $15, 000 in Bermuda District
Improvement Funds to the School Board to purchase equipment and supplies to
support programs at the Community High School. The programs that will be
supported are discussed in detail in the attached application. This request
originally came from the Chesterfield Community High School staff. The
County is legally permitted to give public funds to the School Board to
purchase equipment and supplies to be used by the School Board for public
school educational and recreational programs.
For information regarding available balances in the District Improvement
Fund accounts I please reference the District Improvement Fund Report.
Preparer:
Allan M. Carmody
Title: Director. Budaet and Manaaement
0425:76964.1
Attachments:
. Yes
ONO
#
000062
Il. \
Page 1
DISTRICT IMPROVEMENT FUNDS
APPLICA TION
1 . What is the name of the applicant (person
or organization) making this funding
request? Chesterfield Community High School
2. If an organization is the applicant, what is
the nature and purpose of the organization?
(Also attach organization's most recent
articles of incorporation and/or bylaws to
applicati'on.) Chesterfield County Public School,
Grade 9-12
3.
What is the amount of funding you are
seeking?
$15,000
4. Describe in detail the funding request and
how the money, if approved, will be spent. See attached memo with
budQet
5. Is any County Department involved in the
project, event or program for which
you are seeking funds? Yes, Chesterfield County Public
Schools
6.
If this request for funding will not fully fund
your activity or program, what other Communities in Schools, grants,
individuals or organizations will provide County appropriated funds, and
the remainder of the funding? Fundraisers.
000063
l-- Page 2
7 . If applicant is an organization, answer the
following:
Is the organization a corporation?
Is the organization non-profit?
Is the organization tax-exempt?
Yes
Yes X
--
Yes_X_
No_X
No
No
8.
What is the address of the applicant
making this funding request?
12400 Branders BridQe Rd.
Chester, VA 23831
9. What is the telephone number, fax number, 768-6156, (fax) 768-6171, and
e-mail addressoftheapplicant?jamie_accashian@ccpsnet.net
Signature of applicant. If you are signing on
behalf of an organization you must be the
president, vice-president, chairman/director
or vice-chairman of the organization.
~,y: ~~
Signatu
PrincioaJ
Title (if signing on behalf of an organization)
Jamie G.. Accashian
Printed Name
October 17, 2007
Date
000064
District Improvement Funds attachment, question #4
For Chesterfield Community High School
4. The funding request for $15,000 is to be appropriated accordingly:
Catering class 2,000
Building trades 3,500
Art 1,000
Information technology 1,000
SOL remediation supplements 4,000
Boys & Girls Basketball, Golf,
Track, and league fees
Total
3~500
$15,000
These funds will help to supplement these programs along with county
appropriated funds. Our county appropriated funds are based on our
student enrollment and since we are a smaller school, the county
appropriated funds do not fully cover the life and job teaching skills that
these classes require such as catering, building trades, art, and information
technology. Since many of our students enter the job market versus
furthering their education, these classes offer them career skills.
SOL supplements are not normally supplemented through the county.
Small grants help support remediation supplements which usually are not
sufficient to our supplemental needs. It has been proven that doing
"whatever it takes" to remediate our students usually means successful
SOL scores, which have been proven in receiving our accreditation. SOL
supplements include remediation materials as well as refreshments which
are great motivators for learning.
OUf athletic program continues to struggle every year. We continue the
program because it has been proven to improve attendance and grades
with those students who participate in sports. Students have received
athletic scholarships to universities which is an opportunity that they
would have not been given based solely on their academics. Although we
charge admission fees to our home games and sell concessions, our small
percentage of parent and community support does not supplement the cost
of officials, security, or the necessary equipment to continue our athletic
program. Contributions continue to help us support our athletic teams,
along with fundraisers that are not very successful but every little bit helps
us make it through each season.
00006S
~
-
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Page 1 of 2
Meeting Date: November 14,2007
Item Number:
8.0.3.a.3.
Subject:
Transfer of $12,318 in Bermuda District Improvement Funds to Enon Volunteer
Fire Department to Purchase an Inflatable Boat for Low-Level Water Rescue
Operations, Automatic Inflatable PFD Vests, Personnel Safety Equipment for
Water Rescues, Winter Work Jackets for Volunteer Firefighters and a Storage
Building for Rescue Equipment
County Administrator's Comments:
County Administrator: gJ
Board Action Reauested:
Transfer of $12,318 in Bermuda District Improvement Funds to Enon Volunteer
Fire Department to purchase an inflatable boat for low level water rescue
operations, automatic inflatable PFD vests, personnel safety equipment for
water rescues, winter work jackets for volunteer firefighters and a storage
building to house rescue equipment.
Summary of Information:
Supervisor King has requested the Board to transfer $12, 318 in Bermuda
District Improvement Funds to Enon Volunteer Fire Department to purchase an
Preparer:
Allan M. Carmody _
Title: Director. Budaet & Manaaement
0825:76862.1
Attachments:
. Yes
DNO
#
000066
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Page 2 of 2
inflatable boat for low level water rescue operations, automatic inflatable
PFD vests, personnel safety equipment for water rescues, winter work jackets
for volunteer firefighters and a storage building to house rescue equipment.
The Board is authorized to transfer these funds under Section 15.2-953B of
the Code of Virginia since the Enon Volunteer Fire. Department is a non-profit
volunteer fire department operating in the County.
For information regarding available balances in the District Improvement Fund
accounts, please reference the District Improvement Fund Report.
000067
folllDl ~age 1
DISTRICT IMPROVEMENT FUNDS
APPLICA TION
This application must be completed and signed before the County can
consider a request for funding with District Improvement Funds. Completing and
signing this form does not mean that you will receive funding or that the County .
can legally consider your request. Virginia law places substantial restrictions on
the authority of the County to give public funds, such as District Improvement
Funds, to private persons or organizations and these restrictions may preclude
the County's Board of Supervisors from even considering your request.
1. What is the name of the applicant
(person or organization) making this funding
request?
Enon Volunteer Fire Dept,Co. 6
2 If an organization is the applicantl what is
the nature and purpose of the organization?
(Also attach organization's most recent
articles of incorporation and/or bylaws to
application. )
Provide Fire Protection and Emergency Medical Service to County Citizens
3. What is the amount of funding you are
seeking?
$12,318.31
4. Describe in detaiJ the funding request and
how the money, if approved, will be spent.
Inflatable boat for low level water rescue operations.
Automatic inflatable PFD vests, personnel safety equipment for water
rescue
Winter work jackets for volunteer firefighters
Storage building for rescue equipment
5. Is any County Department involved in the
project, event or program for which
you are seeking funds?
Fire & EMS Department
000068
Page 2
6. If this request for funding will not fully fund
your activity or program, what other
individuals or organizations will provide
the remainder of the funding?
This request will fund the activity
7. If applicant is an organization, answer the following:
Is the organization a corporation? Yes
rgj
No
o
Is the organization non-profit? Yes
Is the organization tax-exempt? Yes
rgj
~
No
No
o
D
8. What is the address of the applicant
making this funding request?
1920 East Hundred Road
Chester. VA 2'3838'
9. What is the telephone number; fax number,
a-mail address of the applicant?
530-1381
Fire,. Station 6 <m chesterfield.goy
Signature of applicant. If you are signing
on behalf of an organization you must be
the president, vice-president,
chairman/director or vice-chairman
of the organization.
Title (if signing on behalf of an organization)
Printed Name
000069
Date
~
-
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Page 1 of 1
Meeting Date: November 14,2007
Item Number: 8.0.3.a.4.
Subiect:
Transfer $10,000 from the Bermuda District Improvement Funds to the
Chesterfield County School Board to Purchase a New Public Address System for
the Football Stadium at Lloyd C. Bird High School and to Purchase a New
Industrial-Grade Washing Machine for the Field House at the Stadium
County Administrator's Comments:
County Administrator: ~
(J
Board Action Reauested:
Transfer $10,000 from the Bermuda District Improvement Funds to the
Chesterfield County School Board to purchase a new public address system for
the football stadium at Lloyd C. Bird High School and to purchase a new
industrial-grade washing machine for the field house at the stadium.
Summary of Information:
Supervisor King has requested that $10,000 from the Bermuda District
Improvement Funds be transferred to the School Board to purchase and install
a new public address system for the football stadium at Lloyd C. Bird High
School and the purchase a new industrial-grade washing machine for the field
house at the stadium. The County is legally authorized to appropriate funds
to the School Board to make capital improvements to County property and to
purchase capital items which will be come part of the inventory of School
Board property.
For information regarding available balances in the District Improvement
Fund accountst please reference the District Improvement Fund Report.
Preparer:
Allan M. Carmody
Title: Director, BudQet and ManaQement
0425:76980.1
Attachments:
. Yes
DNO
# 0000.70
DISTRICT IMPROVEMENT FUNDS
APPLICATION
This application must be completed and signed before the County can
consider a request for funding with District Improvement Funds. Completing and
signing this form does not mean that you will receive funding or that the County
can legally consider your request. Virginia law places substantial restrictions on
the authority of the County to give public funds, such as District Improvement
Funds, to private persons or organizations and these restrictions may preclude
the County's Board of Supervisors from even considering your request.
1 . VVhat is the na
request?
2. Jf an organization is the applicant, what is the nature and purpose of the
organization? (Also attach organization's most recent articles of incorporation
and/or bylaws to application.
C~ f'-l (} ut.:. S'c~ "l1'rVLt
3.
VVhat is the amount of funding you are seeking?
~{)j ood
, ,
4. Describe in detail the funding request and how the money, if approved, will be
spent. we fV~tJ ftJ R..I='-PL.Ac€ "H+€ ~ ./l(
.
Sy rf7A A (),J rM FrJdt1l /11.-'-- S) f'/tP (U/Y1 I ~ lJ.
~?o VIt.S CJ~O! 'me- IrJ O'lJ~/lllk(,., lL'AfIJ~1( fA,t
'Ilk' Hi::L-O ~S"'( t5: Ill:?roA,L) e~4iIt~ (" ~I-b e
(le pvt-e re--O -- 0 iJ) l{ - st cJ~
5. Is any County Department involved in the project, event or program for which you are
seeking fu,nds? (lit as r OouNf-,.,v <\c.ife~'L /11,4..(4/7.
UJ (,' t I It f' f- p i..)..i i, LA (/\.1 S"'t A-t- ,-,/,.-!r c= \
63533.1 Page 1
000071
6. If this request for funding will not fully fund your activity or program, what other
individuals or organizations will provide the remainder of the funding?
.+F /'J1UIl!€.. - "jlJ--e () il},J) I~I-~-ri C .+rnL'C,.)C
o ~ P A-r01 /f1 r{juT Wi i I c c.vv 9 I? It+~ i9*-~IUC C
7. If applicant is an organization, answer the following:
Is the organization a corporation?
Is the organization non-profit?
Is the organization tax-exempt?
Yes
Yes
Yes
v
~
~
No
No
No
8. What is the address of the applicant making this funding request?
I2u j.J' P+e)CUCi:t1c
i (; 3 0 I CCU-fl.f tk/U8<? eJ
Q He s 1tif k LP II A- :Uf-2.:L
9. What is the telephone number, fax number, a-mail address of the applicant?
8d f.( 7~ --Ct~ f
~ l.f 7fv~ --C il'f
Signature of applicant. If you are signing on
behalf of an organization you must be the
president, vice-president, chairman/director or
vice-chairman of th anization.
Title (if signing on behalf of an organization)
fotJ .p A-~ U~"TTt-
Printed Name
/0 .-- J f ,--() 7
Date
63533.1
Page 2
000072
fI-~~
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~!!t~"~
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Page 1 of 1
Meeting Date: November 14,2007
Item Number:
8.D.3.b.
Subiect:
Transfer $25,000 from the Matoaca District Improvement Fund to the School
Board to Purchase Books for the Grange Hall Elementary School Library
County Administrator's Comments:
County Administrator:
(j;
lj"
Board Action ReQuested:
Transfer $25,000 from the Matoaca District Improvement Fund to the School
Board to purchase books for the Grange Hall Elementary School library.
Summary of Information:
Supervisor Humphrey requests the Board transfer $25,000 from the Matoaca
District Improvement Fund to the School Board to purchase books for the
Grange Hall Elementary School Library. It is legally appropriate for the
County to give money to the School Board to purchase books that will be used
in school facilities for public education. The books will be owned by the
School Board and will become a part of the School Board's inventory of
property.
For information regarding available balances in the District Improvement Fund
accounts, please reference the District Improvement Fund Report.
Preparer:
Allan M. Carmody
Title: Director. BudQet and ManaQement
0425:76966.1
Attach ments:
. Yes
DNO
#000073
DISTRICT IMPROVEMENT FUNDS
APPLICATION
This application must be completed and signed before 1he County can
consider a request for funding with District Improvement Funds. Completing and
signing this form does not mean that you will receive funding or that the County
can legally consider your request. Virginia law places substantial restr~ctjons on
the authority of the County to give public funds, such as District Improvement
Funds. ta private persons or organizations and these restrictions may preclude
the County's Board of Supervisors from even considering your request.
1. What is
requ est?
2.
~~51 Q(j<J
-$~
'"
3.
What is the amount of funding you are seeking? .
4.
5. I.s any County Departmen involved in the project~ event or program for which you are
seeking funds?
i\
63533.1
Page 1
00007/.~
6. If this request for funding will not fully fund your activity or program) what other
individuals ~rganizatlons will provide the remainder of tM funding?
7. If appUcant is an orga nization t answer the following:
8~
9,
63~3.1
. ?
Is the organization a corporation?
Is the organization non-profit?
Is the organization tax-exempt?
Yes
Yes V
Yes
No
No
No
applicant ~k!n~ _ thiS.. fundin1..9+.eqUest?
l)Lneeh fvdi res
if 6\~~~~
\Of~O t I \V\.l l _ J\~ ~'-
\)UJJe. ~ I ~ 0'3 \;)0
tele ihqfle I fax numb~. e-nlail address of the applicant?
- '-\- :> l d- CJ
l 0 ~ C). \'1 -""FAX'
fY\ _ j.. E2. \Ie. rC 2-0(\ .0 +
signing on
must be the
an/director or
~~d~~
Title (if signing on behalf of an organization)
D LYlt'et\ F Aude-t
PrInted Name
{QjlulCJl
Date
Page 2
000075
.
~~
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Page 1 of 1
Meeting Date: November 14, 2007
Item Number:
8.0.4.
Subiect:
Amend Previously-Approved Transfer of $2,500 from the Midlothian District
Improvement Fund to the School Board to Purchase a New Grand piano for the
Choral Department at Midlothian High School
County Administrator's Comments:
County Administrator: ~
Board Action ReQuested:
The Board is requested to amend a previously-approved transfer of $2,500 from
the Midlothian District Improvement Fund to the School Board so that the
funds can be used to purchase a new grand piano for the Choral Department at
Midlothian High School.
Summary of Information:
On September 26, 2007, the Board, at Supervisor Sowder's request, voted to
transfer $2,500 from the Midlothian District Improvement Fund to the School
Board to make repairs to the grand piano in the Choral Department of
Midlothian High School. The Choral Department has since decided that it is
necessary to purchase a new grand piano rather than attempt to repair the
existing piano. The Board can legally amend the previously-approved transfer
of funds since the new piano will be owned by the School Board and will be
part of the School Board's capital inventory. The purchase must be made by
the School Board itself and must comply with the School Board's purchasing
policies.
For information regarding available balances in the District Improvement Fund
accounts, please reference the District Improvement Fund.
Pre parer:
Allan M. Carmody
Title: Director, Budaet & Manaaement
0425:76992~ 1
Attachments:
. Yes
DNO
# ~.-
0000 1,6
.
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Page 1 of 1
Meeting Date: November 14, 2007
Item Number: 8.0.5.
Subject: State Road Acceptance
County Administrator's Comments:
County Administrator: ~
Board Action Reauested.
Summary of Information:
Bermuda:
Cypress Woods, Section 1
Ivystone, Section 1
Dale:
Kings Grove, Section 4
Preparer: Richard M. McElfish
Title: Director. Environmental EnaineerinQ
Attachments:
II Yes
ONO
#
000077
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.
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS Page 1 of 1
AGENDA
Meeting Date:
November 14,2007 Item Number: 8.0.6.
Subject:
Approval of a Request from Timothy J. and patricia T. Hauler for an Exception
to the Use of Public Water for a Proposed Residential Structure Located at
6200 Woodpecker Road
County Administrator's Comments:
County Administrator:-1
Board Action Reauested:
Staff recommends that the Board of Supervisors approve Timothy J. and
patricia T. Hauler's request for an exception to the use of public water.
Summary of Information:
Staff received a request on October 15, 2007 from Timothy J. and Patricia T.
Hauler for an exception to the use of public water for a proposed residence
located at 6200 Woodpecker Road. Under Section 18-61 of the Chesterfield
County Code, the Board of Supervisors may grant an exception to the
requirement to use public water when a new residential structure requires an
on-site water service line of more than 1000 feet. The line will be greater
than 1000 feet, thereby, qualifying this situation as an exception to the use
of public water.
District: Matoaca
Preparer:
William O. Wriaht
Title: Assistant Director of Utilities
Attachments:
. Yes
DNO
# 000081
t 'Jt,,;I 01;,: r 1 ~. ,2007
J~
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lob F\: umb~~':'": 2u:f7~ :9:;'" 0::-4
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l~t.~" 1':_" C o\'U1~ror:., J:J ':.
(])csrct fic'JJ COW) I} t ~ rib [i~s I )(,.partrrh~fH
l',(), liox 608
{:n~"-srer6e]d,:o \~l-\ 23832-!,998
o ,')i ~~, .~ ii- '
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1 )(:-~. r \'J r, C:OVU1:gtOfl ~
r~J :"~li,;~ iU to ,h (:" L^ r i}i ric;-; r )cpa r lInen t Rc, -ic".;.:- (:0 tIUt1enf~ of ~ it, $ [cphc:l B blct, bUJ'Il. d~ t cJ 1 0.. t) tf7 ~ r"eqUt..~~ r ;.$
f()rrri~uly suhmirr,,:d fOf :iln c-xct"pnon .0 ,he t'eql~itemen{ thill the abo/\tc f'CfCfetlced pI"O~l!:'-Ct.! ,d\),,"elbng bt~
lorme...'"tL:-J Ii> (:~)U.'l1~1- \lr-:are:t. lltc. Pfop(')~d ~!rucrur~" i~ l<x.aicd m-or-r: tl1an 100(Y from thcpui'lhc .,.,.tnrc:-I{H~:Jf~d
t..HI \X/()(x.1.pcckcr R<,);Jd, In addition" 'thC"rt~: ~(e four ,x.i~ring weDs c:ontlguou~ to tn!s properry \vnlcb \.'\om
aJt~u~t1eiy :::.er'tlt;l(~ the f(,:".denc('
P1C~1s.1,' pl'escnl fh]~ r(,~"lut::sr for (::(c<.'PU{)t1 ro eht: I~o~:rd t)f Su:pcrvl~Qrs fot' ~PP{O\~] ~LS :-}()on as ~o~}ih]~~~ Shot1.Jd
:(,u have-any further qU'r.~~t1ons n~garding ID;S mane%'.. please ,-oDtact -me ~t your c;~rbc:tit t:QnV(~rot..~l(:C '50 th;;it \\re
l'r'll_~lu dis~ l.1s.s th~ :.11 greater It;Ugth.
'V ()ilr~>; very tr ul:l,i"
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000083
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RUSSELL & JeNIFEA GAUB~ \
GPjN: 778628 1 S27Q<JOOO
#630() WOOO~ROA~ \
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I TIMOTHY &: PA.TAICJA HAULER
I G?~N:77B6266898QOOOO
I,':, 16330 WOODPECKeR ROAO
PROPOSED
OWELL.ING
SEE INS ET
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TII\+OT!-f'J' 8: PATRICIA HAULER
GPI N: 77862682'~OOO.QOO
16100 wOODPECKER ROAO
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#6330 WOODPECKf
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000084
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CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Page 1 of 1
Meeting Date: November 14, 2007
Item Number: 8.0.7.a.
Subject:
Request to Quitclaim Two Thirty-Foot and Variable Width Storm Water
Management System/Best Management Practice Access Easements and a Variable
Width Storm Water Management System/Best Management Practice Easement Across
the Property of BB Hunt, L.L.C.
County Administrator's Comments:
Board Action Reauested:
~
County Administrator:
Authorize the Chairman of the Board of Supervisors and the County
Administrator to execute a quitclaim deed to vacate two 30' and variable
width SWM/BMP access easements and a variable width SWM/BMP easement across
the property of BB Hunt, L.L.C.
Summary of Information:
BB Hunt, L.L.C. has requested the quitclaim of two 301 and variable width
SWM/BMP access easements and a variable width SWM/BMP easement across its
property as shown on the attached plat. Staff has reviewed the request and
approval is recommended.
District: Matoaca
Preparer:
John W. Harmon
Title: Riaht of Way Manaaer
Attachments:
. Yes
DNO
#
000085
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CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Page 1 of 1
Meeting Date: November 14,2007
Item Number: 8.D.7.b.
Subject:
Request to Quitclaim a Portion of a Variable Width Virginia Department of
Transportation Sight Distance Easement Across the Property of Tascon-Harvest
Glen, L.L.C.
County Administrator's Comments:
County Administrator: ~
Board Action Reauested: U
Authorize the Chairman of the Board of Supervisors and the County
Administrator to execute a quitclaim deed to vacate a portion of a variable
width VDOT sight distance easement across the property of Tascon-Harvest
Glen, L.L.C.
Summary of Information:
Tascon-Harvest Glen, L.L.C. has requested the quitclaim of a portion of a
variable width VDOT sight distance easement across its property as shown on
the attached plat. Staff and VDOT have reviewed the request and approval is
recommended.
District: Clover Hill
Preparer:
John W. Harmon
Title: Riaht of Way Manaaer
Attachments:
. Yes
DNO
#
000090
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00009
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CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Page 1 of 1
Meeting Date: November 14, 2007
Item Number: 8.D.8.a.
Subiect:
Acceptance of a Parcel of Land for the Extension of Oaklake Court from Bigg
Ideas, LLC
County Administrator's Comments:
County Administrator: ~
Board Action Reauested:
Accept the conveyance of a parcel of land containing 0.012 acres from Bigg
Ideas, LLC, and authorize the County Administrator to execute the deed.
Summary of Information:
Staff requests that the Board of Supervisors accept the conveyance of a
parcel of land containing 0.012 acres for the extension of Oaklake Court.
District: Clover Hill
Preparer:
John W. Harmon
Title: Riaht of Way Manaaer
Attachments:
. Yes
DNO
#
000093
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~. .. ....~.tL ...-= -= .y::.."'\.i ~ :"~"I t" . I, ~ ., .. ,. ~~.. ..;-:.~ ...:.1.... . I. II" ~~ ~ ~ -: ~... ~ ..:...... ...:....~ ~ :..- .1. ~":.~ ffi.: · .;........... ... . ~ :-:.:: ~
I -tie ..: .. ....... a.:- · ."1" · ~ ..~.. .. · .. I" .. :6.. =!-: ... ........... .... ~ ~.~ " · ... oL . .: . I I... J ~ : .. ~~ ..... -:. . ~ V.. i: . .:-. -i}" r. ....: ~ -/ ... ~..... :.. · .. L.; ..-:JI-'
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H-ULLCO ASSOCIA TES, L.L.C.
0.8. 7966~ PC. 808
PIN 734 691 7920
HULLeo ASSOCIATES, L.L.C.
0.8. 7966, PG. 808
PIN 734 691 9922
PLAT SHOWING
0.012 ACRE OF LAND LYING
AT THE WESTERN TERMINUS OF
OAKLAKE COU RT
CLOVER HILL DISTRICT,
CHESTERFIELD COUNTY, VIRGINIA
I
0)
Fe
N=3690987.22
E=11734798.58
J. MARK SOWERS ROD/FO.
D.B. 4648, PC. 104 ::w
PIN 734 691 7562 I ~~
a~
:-0
ON
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AMR COMMERCIAL
PROPERTIES, LLC
0.8. 3740, PG. 40
PIN 7.35 690 0281
ROD/FD.
..~~
a
<rvG,\rv
~ $"
o
OAKLAKE COURT
STATE ROUTE 5904
(60' R/W)
0.8. 2959, PG. 258
0.8. 2362, PG. 960
15' . BELL A TLANT~C EASEMENT
0.8. 2885, PG. 839
0.012 ACRE
506 sq. ft. 851.18' TO THE WEST
LINE OF OAKLAKE
BOULEVARD E_XTENDED
ROD /FD.
\\ "\ 310.48'
N= 369097 4.1 ~_\,~,~:~~-~~-'~-~~~-~:~--
E=11734847.71 <D
SIGG IDEAS, LLC
0.8. 7023, PG. 418
PIN 734 690 9852
12912 GENITO RD.
10' TEMPORARY
CONSTRUCTION EASEMENT J" ......-...
0.8. 2950, PG. 647
TEMPORARY TURNAROUND
NOTES:
1.) OWNER, REFERENCE & PIN
BIGG IDEAS, LLC
D~B. 7023, PG. 418
PIN 7346909852
2.) BASED ON GRAPHIC DETERMINATION THIS
PROPERTY IS IN ZONE "c" OF THE HUD
DEFINED FLOOD HAZARD AREA AS SHOWN
ON F.E.M.A. FLOOD INSURANCE RATE MAP,
COMMUNITY PANEL # 510035 0028 B
DATED MARCH 16, 1983.
3.) THIS SURVEY WAS PREPARED WITHOUT THE
BENEFIT OF A TITLE BINDER AND MAY
THEREFORE NOT SHOW ALL EXISTING
EASEMENTS OR OTHER PERTINENT FACTS ~v 1H OF'
WHICH MA Y AFFECT THE PROPERTY. ~~~v ./,L b
~ ~ /(1/"/".., of""
EASEMENT R=60'
D.S. 2949, PG. 755
o 20
~
SCALE IN FEET
40
I
THIS DRAWING PREPARED AT THE
CORPORATI 0fII!CE YOUR VISION ACHlEVEO THROUGH OURS.
1001 BouIdws Parkway, Suite 300 I Rrd1mand, VA 23225
TEL 804.200.6500 FAX 804.560.1016 www.tfmmons.com
SIte Development f Relldentlal I Infnlltrudure , Technology
DATE: AUGUST 1,2007
REV: OCTOBER 4, 2007
DRAWN BY: UK
SCALE: 111 = 20'
J.N.: 67293
_CHECK BY: UK
TIMMONS GROUP ....;...
95
-~
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CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Page 1 of 1
Meeting Date: November 14, 2007
Item Number: S.O.S.b.
Subiect:
Acceptance of a Parcel of Land for the Extension of Holly View Parkway from
Crowne at Swift Creek Associates
County Administrator's Comments:
County A~ministrator: 7
Board Action Reauested:
Accept the conveyance of a parcel of land containing 1.57 acres for the
extension of Holly View Parkway from Crowne at Swift Creek Associates, and
authorize the County Administrator to execute the deed.
Summary of Information:
Staff requests that the Board of Supervisors accept the conveyance of a
parcel of land containing 1.57 acres for the extension of Holly View Parkway_
This dedication is for the development of Arrowfield.
District: Matoaca
Preparer:
John W. Harmon
Title: RiQht of Way Manaaer
Attachments:
. Yes
DNO
#
000096
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CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Page 1 of 1
Meeting Date: November 14,2007
Item Number: S.O.S.c.
Subiect:
Acceptance of Parcels of Land for Watkins Centre Parkway from Gray Land and
Development Company, LLC
County Administrator's Comments:
County Administrator: Q1
Board Action Requesti
Accept the conveyance of four parcels of land containing a total of 2.557
acres along Watkins Centre Parkway from Gray Land and Development Company,
LLC, and authorize the County Administrator to execute the deed.
Summary of Information:
Staff requests that the Board of Supervisors accept the conveyance of four
parcels of land containing a total of 2.557 acres for Watkins Centre Parkway.
This dedication is for the development of Watkins Centre.
District: Midlothian
Pre parer:
John W. Harmon
Title: RiQht of Way ManaQer
Attachments:
. Yes
DNO
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CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Page 1 of 1
Meeting Date: November 14,2007
Item Number: S.O.S.d.
Subiect:
Acceptance of a Parcel of Land Along the North Right of Way Line of
Midlothian Turnpike from Midlothian Partnership, LLP
County Administrator's Comments:
Board Action Reauested:
JJ
County Administrator:
Accept the conveyance of a parcel of land containing 0.909 acres from
Midlothian Partnership, LLP, and authorize the County Administrator to
execute the deed.
Summary of Information:
Staff requests that the Board of Supervisors accept the conveyance of a
parcel of land containing 0.909 acres along the north right of way line of
Midlothian Turnpike from Midlothian Partnership, LLP. This dedication is for
the development of Watkins Centre.
District: Midlothian
Pre parer:
John W. Harmon
Title: Riaht of Way Manaaer
Attachments:
. Yes
DNO
# 0001.03
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CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Page 1 of 1
Meeting Date: November 14,2007
Item Number: S.D.S.e.
Subiect:
Acceptance of Parcels of Land Along Jefferson Davis Highway from Regal
Cinemas, Incorporated
County Administrator's Comments:
County Administrator: 00
Board Action ReQUested:/
Accept the conveyance of two parcels of land containing a total of 0.246
acres along Jefferson Davis Highway from Regal Cinemas, Inc., and authorize
the County Administrator to execute the deed.
Summary of Information:
It is the policy of the county to acquire right of way whenever possible
through development to meet the ultimate road width as shown on the County
Thoroughfare Plan. The dedication of these parcels conforms to that plan, and
will decrease the right of way costs for road improvements when constructed.
District: Bermuda
Preparer:
John W. Harmon
Title: Right of Way ManaQer
Attachments:
. Yes
ONO
#
0001.06
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PARCEL '8'
N 3652654.00
E 11799403.77
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PARCEL, 'c' ~ ~
0.082 ACRE ~.~..
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LINE TABLE
BEARING
S16.23'36"W
574.54' 49"W
16' WATER ESMT.
DB 6885 PG 457 GRAPHIC SCALE
~'\ :'!J7:>' 50 ' 0 25 50
~
LENGTH
, 5.90'
21.33'
( IN FEET ')
1 inch = 50 ft.
COUNTY PROJECT NO.'.: .07-0258
COUNTY SITE' Ne.~:' 08PR.0107
PARCEL A-LlTCHFJELD _ THEATRES, L TO.
DB ."2009 P"G 626, 08.1746_ PG 848 (PLAT)
TAX PARCEL 10.: _7996525...36100000, ZONED-C3
*'3001 JEFF DAVIS. HI~WA Y
PARCEL B- LITCHFIELD THEATRES. LTD.
DB 2009 PG 626, 08 1746' PG 853 (PLAT)
TAX PARCEL 10: 799652654000000, ZONED-C3
#13025 JEFF DAYlS .HIGHWAY
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DB 386 PG 158
PLAT SHOWING ,0.,246 ACRE TP BE DEDICATED
TO THE COUNlY OF CH.ESTERFIELD
. BERMUDA DISTRICT
CHESTERFIELD 'COU-NTY, VIRGINIA
~NINGSTEPHENSON,P.C. 10160 S1t';~S1~jLL ROAD
~ . ~~. . GLEN AlLEN, VA 2.:5060
lAND SURVEYORS . PHONE - 804-545-6235
a PLANNERS . FAX - 804-545-6259
DRAWN BY: MJ
. SCALE: 1"=50'
J.N.: 07..523
CHECK BY: MJ
DATE: 7-1"0..07
OOOj.08
.
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Page 1 of 1
Meeting Date: November 14,2007
Item Number: S.O.S.f.
Subiect:
Acceptance of a Parcel of Land Along Woolridge Road from Whispering Hope
Community Church
County Administrator's Comments:
County Administrator: ~..
Board Action Reauested:
Accept the conveyance of a parcel of land containing 0.362 acres along
Woolridge Road from Whispering Hope Communi ty Church, and authorize the
County Administrator to execute the deed.
Summary of Information:
It is the policy of the county to acquire right of way whenever possible
through development to meet the ultimate road width as shown on the County
Thoroughfare Plan. The dedication of this parcel conforms to that plan, and
will decrease the right of way costs for road improvements when constructed.
District: Matoaca
Preparer:
John W. Harmon
Title: Riaht of Way Manaaer
Attachments:
. Yes
DNO
#
OOOj.09
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0001-11
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;..-.
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Page 10ft
Meeting Date: November 14, 2007
Item Number:
8.0.9.
Subiect:
Approval of a Wetlands Mitigation Agreement with Coverly Wetlands Mitigation
Bank
County Administrator's Comments:
County Administrator: ~
Board Action Requested --
Authorize the County Administrator to execute a Wetlands Mitigation Agreement
with Coverly Wetlands Mitigation Bank for 0.02 acres of additional wetlands
impacts for the construction of hangers, taxiway and parking apron at the
County Airport.
Summary of Information:
Staff recommends that the Board of Supervisors authorize the County
Administrator to execute an agreement with Coverly Wetlands Mitigation Bank
for the purchase of wetlands mitigation credits for $1,000.00 for 0.02 acres
of additional wetlands impacts for the construction of hangers, taxiway and
parking apron at the County Airport. Purchase of these credits is accepted by
the USACE and DEQ as mitigation for the project. Approval is recommended.
District: Dale
Preparer:
John W. Harmon
Title: RiQht of Way ManaQer
Attachments:
[J Yes
.NO
#
~
-
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Page 2 of 2
Meeting Date: November 14,2007
Budaet and Manaaement Comments:
Sufficient funds are available for the County Administrator to execute a
$1,000.00 agreement with Coverly Wetlands Mitigation Bank for 0.02 acres of
additional wetlands impacts for the construction of hangars, taxiway and
parking apron at the County Airport.
Preparer:
Allan M. Carmody
Title: Director, BudQet and ManaQement
- -
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS Page 1 of 1
AGENDA
Meeting Date: November 14,2007
Item Number: 8.D.10.a.
Subiect:
Request permission for a Proposed Fence to Encroach Within an Eight-Foot
Easement Across Lot 32/ Tanner Village/ Section C at Charter Colony
County Administrator's Comments:
County Administrator: Q1
Board Action ReQuested:
Grant Christopher S. Karwacki and Leia A. Karwacki/ permission for a proposed
fence to encroach 3' into an 8' easement across Lot 32/ Tanner Village/
Section C at Charter Colony/ subject to the execution of a license agreement.
Summary of Information:
Christopher S. Karwacki and Leia A. Karwacki/ have requested permission for a
proposed fence to encroach 3' into an 8' easement across Lot 32/ Tanner
Village/ Section C at Charter Colony. This request has been reviewed by staff
and approval is recommended.
District: Matoaca
Preparer:
John W. Harmon
Title: Riqht of Way Manaqer
Attachments:
. Yes
DNO
#
0001.1.4
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.', Leis A. Karwaeki
14318 Jeffries Place
DB. 6363 PG. 423
'PIN: 725698422200000
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CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Page 1 of 1
Meeting Date: November 14,2007
Item Number: 8.D.1Q.b.
Subiect:
Request permission for a Proposed Fence to Encroach Within an Eight-Foot
Easement Across Lot 31/ Tanner Village, Section C at Charter Colony
County Administrator's Comments:
Board Action Reauested:
Q1
o
County Administrator:
Grant Isaac W. Wright and Andrea Wright, permission for a proposed fence to
encroach 3' into an 8' easement across Lot 31, Tanner Village/ Section C at
Charter Colony, subject to the execution of a license agreement.
Summary of Information:
Isaac W. Wright and Andrea Wright/ have requested permission for a proposed
fence to encroach 3' into an 81 easement across Lot 31, Tanner Village,
Section C at Charter Colony. This request has been reviewed by staff and
approval is recommended.
District: Matoaca
Preparer:
John W. Harmon
Title: Rieht of Way Manaaer
Attachments:
. Yes
DNo
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Nai/(s)' ;::J6~:;, f%ng;t~! 2.10.22' TO 'THE
JEFFRIES PLACE W/L OF ~EFFRIES
44' R/W WA Y (EXT'D.)
/
Isaac W. Wright.
Andrea Wright
14324 Jeffries PI
DB. 6762 PG. 328
PIN: 725698361900000
Improvements on
LOT31, SECT/ONC
DATE: 10/24/2005 TA,NNER VILLAGE A T CHARTER COLONY
SCALE: 1 "=30' Chesterfield County, Virgin/a
JOB NO: C0521060
Pur: ISMC ~. &- ANDREA WRIGHT
· PLANNERS · ARCHITECTS It ENGINEERS · SURVEYORS-
501 8ranchway Road · Suite 100 'R~chmond, Virginia 23236 .Phone (804) 794-0571 -Fax (804) 794..2635
0001.19
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CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Page 1 of 1
Meeting Date: November 14,2007
Item Number: S.O.10.c.
Subiect:
Request permission to Construct a Gravel Driveway Within a Fifty-Foot
Unimproved County Right of Way
County Administrator's Comments:
County Administrator: _ a1
Board Action Reauested~
Grant Travis Wright and Sherry Wright, permission to construct a gravel
driveway within a 50' unimproved county right of way, subject to the
execution of a license agreement.
Summary of Information:
Travis Wright and Sherry Wright, have requested permission to construct a
gravel driveway within a 50' unimproved county right of way. This request has
been reviewed by staff and approval is recommended.
District: Bermuda
Preparer:
John W. Harmon
Title: Richt of Way Manaaer
Attachments:
. Yes
DNO
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CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Page 1 of 1
Meeting Date: November 14,2007
Item Number: 8.0.11.
Subiect:
Authorization for Alltel to Apply for Conditional Use or Substantial Accord
for Communications Antennae to be Installed on County Property at Mid-Lothian
Mines Park
County Administrator's Comments:
County Administrator: (l)
Board Action ReQUested:()
Authorize All tel to apply for condi tional use or substantial accord for
communications antennae to be installed on county property at Mid-Lothian
Mines Park.
Summary of Information:
Alltel has requested permission to install communications antennae on an
existing Dominion Virginia Power pole and an equipment shelter on county
property at Mid-Lothian Mines Park, PIN 7317045127. If the zoning is
approved, leasing the property will require approval by the Board at a Public
Hearing.
District: Midlothian
Preparer:
John W. Harmon
Title: Riaht of Way ManaQer
Attachments:
. Yes
DNa
#
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CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Page 1 of 2
Meeting Date: November 14,2007
Item Number:
8.D.1J,.a.
Subiect:
Set a Public Hearing to Consider a Proposed Amendment to the Ordinance
Creating the Lower Magnolia Green Community Development Authority
County Administrator's Comments:
County Administrator: (jJ
Board Action Reauest~d:
Set a public hearing date for December 19, 2007 to consider adoption of a
proposed amendment to the ordinance creating the Lower Magnolia Green
Community Development Authority (CDA)
Summary of Information:
On August 22, 2007 the Board of Supervisors adopted an ordinance to create
the Lower Magnolia Green CDA for the purpose of financing certain
transportation infrastructure improvements related to the Lower Magnolia
Green development.
On September 26, 2007 the Board adopted an ordinance establishing a special
assessment on property within the CDA District for the purpose of financing
the infrastructure improvements.
Bond counsel has advised that one parcel in the CDA District was incorrectly
identified both in the petition and the ordinance which created the CDA. As
a result, the landowner has submitted an amendment to the petition
(Attachment A) .
Preparer: Francis M. Pitaro
Title: Actina Deputv County Administrator
Attachments:
. Yes
DNO
# OOOj.26
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Page 2 of 2
Meeting Date: November 14,2007
Summary of Information (continued}
Corrective action requires the Board of Supervisors to hold a public hearing
and adopt a proposed amendment to the ordinance (Attachment B) .
Please note that the ordinance adopted by the Board on September 26th
establishing the special assessments included the correct parcel numbers for
purposes of levying the assessments. As suchl corrective action is required
only to the ordinance which created the Lower Magnolia Green CDA.
OOOjw27
Attachment A
AMENDMENT TO PETITION DATED JUNE 22, 2007
FOR THE CREATION OF THE LOWER MAGNOLIA GREEN
COMMUNITY DEVELOPMENT AUTHORITY AND WAIVER
The undersigned Petitioner submitted a Petition for the Creation of the Lower Magnolia
Green Community Development Authority, dated June 22, 2007 (the "Petition"). Subsequent to
the submission of the Petition, and pursuant to paragraph 2A of the Petition, the Golf Course
Land (as defined in the Petition) was withdrawn from the Lower Magnolia Green Community
Development Authority (the "CDA") by the Board of Supervisors of Chesterfield County,
Virginia (the "Board") at the request of the Petitioner. The remaining parcels of real property
embraced by the CDA have been assigned new tax map parcel numbers. In the Petition and in
the Ordinance Creating the Lower Magnolia Green Community Development Authority, adopted
on August 22, 2007 (the "Ordinance") one of the tax parcels was described by erroneous tax map
parcel number. Petitioner hereby seeks to update and correct the description of the tax parcels in
the CDA to reflect the new parcels numbers by amending the Petition as follows:
Exhibit A to the Petition is amended by substituting the attached Description of
Community Development Authority District Boundaries.
The Board is respectfully requested to amend the Ordinance to include the changes
described above.
To the extent the prOVIsIons of Virginia Code Section 15.2-5156B applies to this
amendment the undersigned, as sole petitioning landowner, waives mailing of the proposed
amendment to the Ordinance, notice of the adoption of such amendment and the 30 day period
referred to in Section 15.2-5156B.
Respectfully submitted,
PETITIONER:
MAGNOLIA GREEN DEVELOPMENT, LLC,
a Virginia limited liability company
By: MAGNOLIA GREEN DEVELOPMENT
MEMBER, LLC, a Virginia limited liability
cornpany,Manager
By: MAGNOLIA GREEN DEVELOPMENT
HOLDINGS, LLC, a Virginia limited liability
company, Manager
By: RA YKA T, INC., a Virginia corporation,
Manager
By:
Raymond L. Zimmerman, President
Dated: November _,2007
000j.28
\4782836.3
EXHIBIT A
DESCRIPTION OF COMMUNITY DEVELOPMENT AUTHORITY
DISTRICT BOUNDARIES
All those certain parcels of land lying and being in Chesterfield County, Virginia, and being
designated as follows:
Tax Map Parcel Number Owner Acreaf!e
704-672-1535 Magnolia Green Development, LLC 1,428.184
702-667-9566 Magnolia Green Development, LLC 122.733
698-669-6309 Magnolia Green Development, LLC 1 09.33 1
000:1.29
Attachment B
AN ORDINANCE AMENDING THE ORDINANCE CREATING THE
LOWER MAGNOLIA GREEN COMMUNITY DEVELOPMENT AUTHORITY
IN ORDER TO UPDATE AND CORRECT THE DESCRIPTION OF
THE COMMUNITY DEVELOPMENT AUTHORITY DISTRICT
WHEREAS, the Board of Supervisors of the County of Chesterfield, Virginia (the
"Board of Supervisors") authorized the creation of the Lower Magnolia Green Community
Development Authority (the "CDA") by ordinance entitled "An Ordinance to Amend the Code of
the County of Chesterfield, 1997, as amended, by adding Chapter 9, Article XVII, Sections 9-
240, 9-241, 9-242, 9-243, 9-244, 9-245, 9-246, 9-247, 9-248, and 9-249 Creating the Lower
Magnolia Green Community Development Authority", adopted August 22, 2007 (the
"Ordinance"); and
WHEREAS, Magnolia Green Development, LLC, as the owner of all of the land in the
CDA (the "Landowner") submitted a Petition, dated June 22, 2007 (the "Petition") requesting the
Board of Supervisors to create the CDA; and
WHEREAS, the Landowner has submitted an Amendment to Petition requesting that the
Ordinance be updated and corrected to reflect the updated and corrected tax map parcel numbers
of the real estate in the CDA after the withdrawal of the Golf Course Land (as defined in the
Petition); and
WHEREAS, a public hearing has been held on December 19, 2007 by the Board of
Supervisors on the adoption of this Ordinance and notice has been duly published in accordance
with the requirements of SSI5.2-5104 and 15.2-5156 of the Code of Virginia of 1950, as
amended (the "Act");
NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of the County
of Chesterfield, Virginia as follows:
1. Amendment of Ordinance. The Ordinance is hereby amended by substituting the
attached Legal Description for Exhibit A to the Ordinance.
2. Amended and Restated Articles of Incorporation. The County Administrator is
authorized and directed to execute and file Amended and Restated Articles of Incorporation with
the State Corporation Commission in substantially the form on file with the County
Administrator with such changes or corrections as the County Administrator may approve prior
to filing in order to reflect the corrected and updated tax parcels in the CDA.
3. Recordation of Ordinance. In accordance with Section 15.2-5157 of the Act, a
copy of this Ordinance, together with the Ordinance, shall be recorded in the land records of the
Clerk's Office of the Circuit Court of the County of Chesterfield for each tax map parcel in the
CDA District and the CDA District shall be noted on the land records of the County.
4. Effective Date. This Ordinance shall take effect immediately upon its adoption.
000130
\4782870.2
Adopted at a regular meeting of the Board of Supervisors of the County of Chesterfield,
Virginia, held on December 19, 2007.
Clerk, Board of Supervisors, County of
Chesterfield, Virginia
OOOj.31
- 2 -
Exhibit A
Legal Description
All those certain parcels of land lying and being in Chesterfield County, Virginia, and being
designated as follows:
Tax Map Parcel Number Owner Acreaee
704-672-1535 Magnolia Green Development, LLC 1,428.184
702-667-9566 Magnolia Green Development, LLC 122.733
698-669-6309 Magnolia Green Development, LLC 109.331
OOOj-_32
\4782870.2
AMENDED AND RESTATED ARTICLES OF INCORPORATION
OF
LOWER MAGNOLIA GREEN COMMUNITY DEVELOPMENT AUTHORITY
The undersigned, pursuant to Chapter 51, Title 15.2 of the Code of Virginia, adopts the
following Amended and Restated Articles of Incorporation for the Lower Magnolia Green
Community Development Authority and states as follows:
Article I
Name
The name of this Authority is LOWER MAGNOLIA GREEN COMMUNITY
DEVELOPMENT AUTHORITY (the "Authority").
Article II
Ore:anization
Pursuant to an ordinance adopted by the Board of Supervisors of Chesterfield County,
Virginia (the "Board of Supervisors") on August 22,2007, as amended by an ordinance adopted
by the Board of Supervisors on December 19,2007 (collectively, the "Ordinance"), the Authority
shall be organized by the County of Chesterfield, Virginia (the "County") under the Virginia
Water and Waste Authorities Act (Chapter 51, Title 15.2 of the Code of Virginia of 1950, as
amended) (the "Act"), as a political subdivision governed by the laws of the Commonwealth of
Virginia.
Article III
Members
The affairs of the Authority shall be conducted by an authority board of five members
("CDA Board"). The initial CDA Board members are as set forth in Exhibit A attached hereto
and incorporated by reference. All subsequent members shall be appointed by resolution of the
Board of Supervisors. Each member shall serve a four year term, except the initial members who
shall serve the terms of office set forth in Exhibit A. The election of officers of the Authority
shall be as set forth in the By-Laws of the Authority. Qualifications and appointment of
members of the CDA Board shall be consistent with the requirements of the Act.
\4840096.3
000::1.33
The CDA Board shall have the powers and duties set forth in the Act and in these
Amended and Restated Articles of Incorporation and the By-Laws, to the extent that such powers
and duties are not inconsistent with the Act.
Article IV
PrinciDal Office
The Authority's principal office shall be 6700 Otterdale Road, Moseley, Virginia 23120.
The Authority may conduct its business and maintain offices for such purposes at such other
places within or without the County as may from time to time be deemed advisable by the CDA
Board, and not in conflict with the requirements of the Act.
Article V
Authority District
The land initially encompassed within the Authority is set forth in Exhibit B attached
hereto (the "Initial Authority District") provided that the Board of Supervisors by amendment of
the Ordinance, may release and exclude from the Authority district:
(i) at any time before the issuance of the Authority's bonds:
. land containing up to fifty-five (55) acres may be released and excluded at the
request of the Petitioner, the Petitioner's successors in interest or the CDA Board;
and
(ii) at any time after the issuance of the Authority's bonds:
. de minimis portions of the land containing not more than twenty-five (25) acres
may be released and excluded at the request of the Board of Supervisors, the
Petitioner, the Petitioner's successors in interest or the CDA Board.
Changes in the Initial Authority District shall not be made unless the Petitioner, the
Petitioner's successors in interest or the Authority has provided the County with evidence
satisfactory to the County from an appropriate economic and financial consultant that such
proposed reduction in the size of the Initial Authority District will have a minimal impact on the
amount of the assessment necessary to amortize the anticipated bond indebtedness.
Article VI
PurDoses and Powers
-2-
000:1.34
The Authority is organized for the purpose of exercising all powers granted by the Act,
including financing, planning, acquiring and constructing the infrastructure improvements
generally described in the Petition to create the Authority attached hereto as Exhibit C. The
Authority shall have all powers granted to a "community development authority" under the Act.
Article VII
Not-Cor-Profit
The Authority shall not be organized or operated for pecuniary gain or profit. No part of
the net earnings of the Authority shall inure to the benefit of, or be distributable to any member,
director, officer, or any other private person, except that the Authority shall be authorized and
empowered to pay reasonable compensation for services rendered and to make payments in
furtherance of the purposes set forth in Article VI.
Article VIII
Amendment of Articles
These Amended and Restated Articles of Incorporation may be amended at any time and
from time to time by the Board of Supervisors as now or hereafter prescribed by the Act.
Article IX
Reeistered Office and Reeistered A2ent
The address of the initial registered office of the Authority is c/o Edward B. Kidd,
Troutman Sanders LLP, 1001 Haxall Point, Riclnnond, Virginia 23219. The initial Registered
Agent of the Authority is Edward B. Kidd, whose business address is identical to that of the
initial registered office and who is a resident of Virginia and a member of the Virginia State Bar.
Article X
Initial Members
The names and addresses of the initial members of the CDA Board are as set forth on
Exhibit A.
Article XI
-3-
000:1.35
Indemnification
(a) For purposes of this Article XI the following definitions shall apply:
(i) "expenses" include counsel fees, expert witness fees, and costs of
investigation, litigation and appeal, as well as any amounts expended in asserting a claim for
indemnification;
(ii) "liability" means the obligation to pay a judgment, settlement, penalty,
fine, or other such obligation;
(iii) "legal entity" means a corporation, limited liability company, partnership,
joint venture, trust, employee benefit plan or other enterprise; and
(iv) "proceeding" means any threatened, pending or completed action, suit,
proceeding or appeal whether civil, criminal, administrative or investigative and whether formal
or informal.
(b) In every instance in which the Virginia Nonstock Corporation Act, as it exists on
the date hereof or may hereafter be amended, permits the limitation or elimination of liability of
directors or officers of a corporation to the corporation, the members, directors and officers of
the Authority shall not be liable to the Authority.
(c) The Authority shall indemnify any individual who is, was or is threatened to be
made a party to a proceeding (including a proceeding by or in the right of the Authority) because
such individual is or was a member, director or officer of the Authority or because such
individual is or was serving the Authority or any other legal entity in any capacity at the request
of the Authority while a member, director or officer of the Authority, against all liabilities and
reasonable expenses incurred in the proceeding except such liabilities and expenses as are
incurred because of such individual's willful misconduct or knowing violation of the criminal
law. Service as a member, director or officer of a legal entity controlled by the Authority shall
be deemed service at the request of the Authority. The determination that indemnification under
this paragraph (c) is permissible and the evaluation as to the reasonableness of expenses in a
specific case shall be made, in the case of a member or director, as provided by law, and in the
case of an officer, as provided in Section (d) of this Article; provided, however, that if a majority
of the members of the Authority has changed after the date of the alleged conduct giving rise to a
claim for indemnification, such determination and evaluation shall, at the option of the person
claiming indemnification, be made by special legal counsel agreed upon by the CDA Board and
such person. Unless a determination has been made that indemnification is not permissible, the
Authority shall make advances and reimbursements for expenses incurred by a member, director
or officer in a proceeding upon receipt of an undertaking from such member, director or officer
to repay the same if it is ultimately determined that such member, director or officer is not
entitled to indemnification. Such undertaking shall be an unlimited, unsecured general
-4-
0001.36
obligation of the member, director or officer and shall be accepted without reference to such
member's, director's or officer's ability to make repayment. The termination of a proceeding by
judgment, order, settlement, conviction, or upon a plea of nolo contendere or its equivalent shall
not of itself create a presumption that a member, director or officer acted in such a manner as to
make such member, director or officer ineligible for indemnification. The Authority is
authorized to contract in advance to indemnify and make advances and reimbursements for
expenses to any of its members, directors or officers to the same extent provided in this
paragraph (c).
(d) The Authority may, to a lesser extent or to the same extent that it is required to
provide indemnification and make advances and reimbursements for expenses to its members,
directors and officers pursuant to paragraph (c) of this Article, provide indemnification and make
advances and reimbursements for expenses to its employees and agents, the members, directors,
officers, employees and agents of its subsidiaries and predecessor entities, and any person
serving any other legal entity in any capacity at the request of the Authority, and may contract in
advance to do so. The determination that indemnification under this paragraph (d) is
permissible, the authorization of such indemnification and the evaluation as to the
reasonableness of expenses in a specific case shall be made as authorized from time to time by
general or specific action of the CDA Board, which action may be taken before or after a claim
for indemnification is made, or as otherwise provided by law. No person's rights under
paragraph (c) of this Article shall be limited by the provisions of this paragraph (d).
( e) The rights of each person entitled to indemnification under this Article shall inure
to the benefit of such person's heirs, executors and administrators. Special legal counsel selected
to make determinations under this Article may be counsel for the Authority. Indemnification
pursuant to this Article shall not be exclusive of any other right of indemnification to which any
person may be entitled, including indemnification pursuant to a valid contract, indemnification
by legal entities other than the Authority and indemnification under policies of insurance
purchased and maintained by the Authority or others. No person, however, shall be entitled to
indemnification by the Authority to the extent such person is indemnified by another, including
an insurer. The Authority is authorized to purchase and maintain insurance against any liability
it may have under this Article or to protect any of the persons named above against any liability
arising from their service to the Authority or any other legal entity at the request of the Authority
regardless of the Authority's power to indemnify against such liability. The provisions of this
Article shall not be deemed to preclude the Authority from entering into contracts otherwise
permitted by law with any individuals or legal entities, including those named above. If any
provision of this Article or its application to any person or circumstance is held invalid by a court
of competent jurisdiction, the invalidity shall not affect other provisions or applications of this
Article, and to this end the provisions of this Article are severable.
(t) No amendment, modification or repeal of this Article shall diminish the rights
provided hereunder to any person arising from conduct or events occurring before the adoption
of such amendment, modification or repeal.
-5-
0001.37
[REMAINDER OF PAGE INTENTION ALL Y LEFT BLANK]
-6-
000:1.38
IN WITNESS WHEREOF, the undersigned incorporator has executed these Amended
and Restated Articles of Incorporation as of the _ day of December, 2007, as duly authorized
by Ordinance adopted by the Board of Supervisors of Chesterfield County, Virginia on August
22,2007, as amended on December 19,2007.
By:
County Administrator, County of
Chesterfield, Virginia
-7-
000:1.39
Exhibit A
Names and Addresses of Initial Members
Art Heinz
President
Heinz Insurance Inc.
9321 Waterfowl Flyway
Chesterfield, Virginia 23838
(804) 216-1442
Dale Residence
Debra Girvin
Vice President of Human Resources
Shamin Hotels
11300 Taylor Road
Chesterfield, Virginia 23838
(804) 777-9000 x124
Matoaca District
Robert M. (Mac) Bullock
Director of Operations
Getloaded.com
14221 Chepstow Road
Midlothian, Virginia 23113
(804) 521-1718
Midlothian District
Worth (Buddy) Whitfield
IBM
3223 Regatta Point Court
Midlothian, Virginia 23112
(804) 651-3521
Clover Hill District
Manuel Flores
Brig. General U.S. Army (Retired)
2348 Coxendale Road
Chester, Virginia 23831
(804) 748-6912
-8-
Term of Office
Commenced Expires
August 22, 2007
August 22, 2007
August 22, 2007
August 22, 2007
August 22, 2007
June 30, 2011
June 30, 2011
June 30,2011
June 30, 2011
June 30, 2011
OOOj_40
Bermuda District
-9-
0001.ll1.
Exhibit B
Description of Initial Authority District
All those certain parcels of land lying and being in Chesterfield County, Virginia, and being
designated as follows:
Tax MaD Parcel Number Owner Acreae:e
704-672-1535 Magnolia Green Development, LLC 1,428.184
702-667-9566 Magnolia Green Development, LLC 122.733
698-669-6309 Magnolia Green Development, LLC 109.331
-10-
OOOj.42
Exhibit C
PETITION
FOR THE CREATION OF THE LOWER MAGNOLIA GREEN
COMMUNITY DEVELOPMENT AUTHORITY
COUNTY OF CHESTERFIELD~ VIRGINIA
JUNE :i 2 , 2007
WHEREAS, the undersigned (the "Petitioner") is the owner of certain parcels of land
located in the County of Chesterfield, Virginia, (the "County"), Matoaca Magisterial District,
containing 1,896.59 acres, more or less, in the aggregate, and more particularly described on
Exhibit A attached hereto and made a part hereof (the "Lower Magnolia Green Property"); and
WHEREAS, the Petitioner intends to develop the Lower Magnolia Green Property as a
mixed-use development consisting of residential, commercial and office components, with
recreation facilities and other amenities, generally consistent with the Conceptual Plan for the
Lower Magnolia Green Property dated February 1, 2007, prepared by Timmons Group, entitled
"Lower Magnolia Green Conceptual Plan" (the '~Conceptual Plan"), a copy of which is attached
hereto as Exhibit B as a part hereof, all of which will provide additional residential, business and
recreational opportunities for the citizens of the County, as well as infrastructure improvements
benefiting the citizens of the County, and which will increase employment opportunities and
expand the tax base of the COWlty; and
WHEREAS, the Petitioner proposes to create a community development authority as
permitted under Sections 15.2-5152, et seq _, and other applicable provisions of Chapter 51, Title
15.2 of the Code of Virginia of 1950, as amended (the "Act") to provide fmancing for certain
infrastructure improvements necessary to meet the increased demands placed upon the County as
a result of development within the community development authority district;
NOW, THEREFORE, the Petitioner respectfully requests that the Board of Supervisors
of the County (the "Board") adopt an ordinance (the "Ordinance") creating the Lower Magnolia
0505:75585.3
1
000:1.43
Green Community Development Authority pursuant to the provisions of the Act, and in support
of such request, the Petitioner represents and states as follows:
1. Standin2 and Jurisdiction. The Petitioner is the owner of all of the Lower
Magnolia Green Property to be included in the community development authority district All
such real estate is located wholly within the County.
2. Name and Boundaries of the Proposed District. The Petitioner requests that
the Board create the Lower Magnolia Green Community Development Authority (the "CDA")
pursuant to the authority granted in the Act~ The initial boundaries of the CDA district (the
"District") will be as described on Exhibit A attached hereto and made a part hereof~ The
boundaries of the CDA may be changed only in one of the following ways:
A. Before Creation of the CDA. Before the CDA is created, the Petitioner
may, at its sole option, withdraw from this Petition, and from the CDA, up to 270 acres of land to
be used for construction of the proposed golf course as shown generally on the Conceptual Plan
(the "Golf Course Land").
B. After Creation of the CDA But Before Bonds Are Issued. If the
Petitioner does not withdraw the Golf Course Land from the CDA prior to the CDA's creation in
accordance with paragraph A above, the Board of Supervisors may, after the CDA is created but
before bonds are issued, adopt an ordinance removing up to 270 acres from the CDA for the Golf
Course Land if requested to do so by the Petitioner, the Petitioner's successor(s) in interest, or
the Board of the CDA. Additionally, the Board of Supervisors may, after the CDA is created but
before bonds are issued, adopt an ordinance removing up to 55 additional acres from the CDA if
requested to do so by the Petitioner, the Petitioner's successor(s) in interest, or the Board of
Directors of the CDA.
0505:75585.3
2
000:144
C. After Creation of the CDA and After Bonds Are Issued. After the
CDA has been created and bonds have been issued, the Board of Supervisors may, on its own
initiative or at the request of the Petitioner, the Petitioner's successor(s) in interest, or the Board
of Directors of the CDA, remove from the district de minimis portions of land not to exceed
twenty-five (25) acres.
Changes in District boundaries, other than to exclude the Golf Course
Land, shall not be made unless the Petitioner, its successor(s) in interest or the CDA has
provided the County with evidence satisfactory to the County from an appropriate economic and
financial consultant that such proposed reduction in the size of the CDA will have a minimal
impact on the amount of the assessments necessary to amortize the anticipated Bond
indebtedness.
3. Services and Facilities to be Undertaken bv the CDAa The CDA will
undertake to finance, design and construct certain infrastructure improvements pursuant to
Section 15.2-5158 of the Act, which infrastructure improvements shall consist of the
infrastructure improvements described on Exhibit C attached hereto and made a part hereof
(collectively:! the "Improvements"). All Improvements will be constructed in accordance with
applicable governmental standards after all necessary permits and approvals therefor have been
obtained.
4. Conditions. This Petition and the obligations of the Petitioner are contingent
upon: (a) the Improvements being deemed to be in-kind contributions pursuant to the zoning
conditions applicable to the Lower Magnolia Green Property, the cost of which will be applied to
the $1,600 per residential lot cash proffer for road improvements as provided in the zoning
conditions; (b) the Improvements being accepted by the County in satisfaction of all
0505:75585.3
3
oOOj,~45
requirements, if any, applicable to the Lower Magnolia Green Property relating to the
construction of (i) any portion of the extension of the Powhite Parkway and (ii) any off site
improvements other than those improvements specifically described in Section 3C(4) of the 1991
Textual Statement approved by the County in connection with the rezoning of the Lower
Magnolia Green Property in 1991 ; (c) the Department of Transportation having concluded that
no further traffic studies will be required in connection with the development of the Lower
Magnolia Green Property and the County confirming that no reduction in densities will be
permitted or required under the zoning conditions within the Lower Magnolia Green Property as
a result of traffic conditions; (d) subject to the condition set forth in the letter dated June 21,
2007 from the County's Director of Planning regarding subdivision and zoning requirements
applicable to the Lower Magnolia Green Property, the County having confirmed that
development within the Lower Magnolia Green Property and the application of conditions of
zoning applicable to the Lower Magnolia Green Property will not require any information from
or action by Goint or othenvise) the owner or owners of any other property; (e) the County
having confirmed that the obligations of the CDA will be independent from the obligations
regarding the development of the Lower Magnolia Green Property and that none of the work to
be performed by the CDA will be conditions to the development of Lower Magnolia Green
Property or the issuance of any approvals required for development of the Lower Magnolia
Green Property; (f) the dedication of land required from the Lower Magnolia Green Property for
school, park, library, frre station/rescue squad and public transportation purposes being limited to
(i) an elementary school site containing approximately 22 acres at the location shown on the
Conceptual Plan (with the boundaries to be adjusted and the size of the site increased if a
standard elementary school consistent with the requirements described on Exhibit D attached
0505:75585.3
4
0001.46
hereto cannot be accommodated within the 22 acre site), (ii) a site for a library and a fire station
containing approximately 10 acres within Parcel M as shown on the Conceptual Plan, (iii) a park
site containing approximately 15.8 acres within the northern portion of Parcel CA as shown on
the Conceptual Plan, and (iv) in the event public transportation is available in the area prior to
2010) a site for pickup and discharge of passengers that includes parking, at a location and in a
size to be agreed upon by the Petitioner and the County, in accordance with paragraph 3C(7) of
the 1991 Textual Statement, it being agreed that the obligation to provide a pickup/discharge site
would be satisfied by the execution of an agreement with the County for the joint use of
commercial property along Route 360 providing for "park and ride" parking; (g) the amount paid
in assessments to the CDA being in lieu of or credited toward, but not be in addition to, any
impact fees which might be imposed by the County applicable to the Lower Magnolia Green
Property; (h) the County having confirmed that it is the intent of the current Board of Supervisors
that the CDA be in lieu of any service district which might otherwise be imposed on the Lower
Magnolia Green Property and that if a service district is to be considered by the Board of
Supervisors that will affect the Lower Magnolia Green property, the County Administrator shall
recommend to the Board of Supervisors that the amount paid in assessments to the CDA be
credited on a pro-rata basis toward any assessment imposed pursuant to such a service district;
and (i) the inclusion of items (a), (b), (c), (d), (e)) (f), (g) and (h) above in the Ordinance creating
the CDA. No later than July 1, 2014 the Petitioner shall provide road access to the 15.8 acre
park site by a road accepted into the state highway system for maintenance.
5. Proposed Plan for ProvidiD! and Financin2 the Improvements.
A. The Petitioner proposes that the CDA issue bonds (the "Bonds"), which
may be taxable or tax-exempt, to pay the costs associated with the design and construction of the
0505:75585.3
5
000:1.47
Improvements under the authority of the Act, specifically Sections 15.2-5158 and 15.2-5125 of
the Act, as those Sections may be amended. The Bonds shall be issued as soon as can practically
be achieved (anticipated to be during the first quarter of 2008) and shall be in a maximum
aggregate amount sufficient to pay the costs of the Improvements, to fund certain reserves and
capitalized interest and to pay the costs of issuing the Bonds, not to exceed a total of
$357000,000. It is estimated that approximately $27,100,000 of Bond proceeds will be available
for construction of the Improvements. The proceeds of the Bonds shall be used to pay the cost of
the Improvements described in this Petition, the cost of issuing the Bonds and funding any
required reserves, and paying capitalized interest on the Bonds for a period of up to thirty -six
(36) months after issuance of the Bonds. If the cost of designing and constructing the
Improvements exceeds the funds available from the proceeds of the Bonds, the Petitioner shall
be solely responsible for paying such excess, subject to the limitations contained in Exhibit C
hereto.
B. If the CDA encounters problems in issuing the Bonds due to adverse
market conditions, the CDA shall give notice to the Petitioner and provide the Petitioner with an
opportunity to assist in issuance of the Bonds.
C. The Petitioner proposes that the CDA request the Board to establish a
special assessment upon the property within the District to finance the cost of the Improvements
as provided in Section 15.2-5158(A)(5) of the Act. Portions of the Lower Magnolia Green
Property which are dedicated for public purposes or which are conveyed to an owners
association as open space or common areas shall not be subject to assessment.
D. The CDA or its designee will contract for the design and construction of
the Improvements which shall be dedicated to the County or VDOT upon completion. Certain
0505:75585.3
6
OOOj.48
responsibilities of the County with respect to the development of the Improvements and certain
responsibilities of the Petitioner, are summarized in Exhibit C hereto.
6. Benefits from CDA Construction oflmnrovements. The following benefits are
expected to be derived from the design and construction of the Improvements by the CDA:
A. The establishment of the CDA will provide for needed infrastructure
improvements to serve the residents and businesses in the District, as well as residents and
businesses in the surrounding community as necessary to meet the increased demands placed
upon the County as a result of development within the Lower Magnolia Green Property, and will
permit these infrastructure improvements to be constructed more expeditiously than would
otherwise be possible.
B. The Improvements will provide residential, commercial, office and
recreational opportunities for County residents and will promote economic development in the
County by attracting commercial and office projects that will generate substantial tax revenues
for the County and create new jobs.
7. CDA Board Members. The board members of the CDA shall be selected under
the applicable provisions of Virginia Code Section 15.2-5113.
8. Countemarts. This Petition may be executed in counterparts all of which
together shall constitute one and the same instrument.
9. Waivera The undersigned is the sole petitioning landowner for the CDA and the
owner of 100% of the land contained within the District. By submitting this Petition to the
Board~ the Petitioner waives its right to withdraw this Petition or its signature thereto at any time
after its submission except as specifically provided in Paragraph 2A of the Petition.
Additionally, pursuant to Section 15.2-S156B of the Code of Virginia of 1950, the Petitioner
0505:75585.3
7
OOOj.49
hereby waives mailing of the proposed Ordinance to be considered by the Board entitled "AN
ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS
AMENDED, BY ADDING CHAPTER 9, ARTICLE XVII, SECTIONS 9-240, 9-241, 9-242, 9-
243, 9-244, 9-245, 9-246, 9-247, 9-248 AND 9-249 CREATING THE LOWER MAGNOLIA
GREEN COMMUNITY DEVELOPMENT AUTHORITY", notice of the adoption of such
Ordinance and the thirty (30) day period to withdraw its signature from this Petition, as referred
to in Section 15.2-5156B of the Code of Virginia of 1950.
10. Time for Action on Petition. This Petition is submitted subject to the condition
that if the Board has not voted to authorize establishment of the CDA within four (4) months
from the date of this Petition, this Petition shall automatically expire and be of no further force or
effect.
11. Determinations of Director of Planniol!. Petitioner acknowledges receipt of
two written determinations by the County's Director of Planning, (i) one dated April 16, 2007
relating to vested rights (the ''"Vesting Determination") as further explained by letters dated May
25, 2007 from the Director of Environmental Engineering and June 21, 2007 from the Director
of Planning, and (ii) one dated June 21, 2007 relating to requirements of the subdivision
ordinance and interpretations of the 1991 zoning case approval for the Lower Magnolia Green
Property (the "Waiver and Requirements Determination"). Petitioner waives any right that it
might have to appeal the Vesting Determination and the Waiver and Requirements
Detenninati on.
12. Petitioner's Obli2ations Reesrdin2 Water Facilities. Petitioner agrees to
design and construct (i) a 24" public water line along the northern side of Route 360 from
Foxclub Parkway to Otterdale Road, (ii) a 30" public water line along the northern side of Route
0505:75585.3
8
000:1,.59
360 from Otterdale Road to Grange Hall School and (iii) a 2~O mg elevated water tank and all
piping and appurtenances necessary to connect to the 30" water line to be constructed along the
northern side of Route 360 on a site to be identified as provided herein to serve the Lower
Magnolia Green Property. The water tank shall be constructed in accordance with the County's
standard plans and specifications in effect as of the date of this Petition. The County shall use
diligent efforts to acquire a site for the water tank. at an appropriate location in the vicinity of
Route 360 and Otterdale Road; provided, however, if the County is unable to acquire such a site
on terms acceptable to the County, Petitioner agrees to dedicate a site within the Lower Magnolia
Green Property or within other property which may be acquired by Petitioner of sufficient size to
accommodate the water tank, not to exceed 3.0 acres, at a location to be mutually agreed upon by
Petitioner and the County, it being understood that, in all events, a site located within the
northern portion of Parcel S as shown on the Conceptual Plan shall be acceptable to the County~
The location of the site for the water tank shall be agreed upon no later than October 31, 2008
and the water tank shall be completed no later than May 1, 2010, subject to extension for reasons
beyond the control of Petitioner. Petitioner's construction of the 24" and 30" water lines shall be
subject to payment by the COWlty of cost rebates in accordance with standard COWlty policies;
provided~ however, cost rebates for oversizing of the water line extension west of Otterdale Road
shall, in all events, be provided for line size in excess of 24".
Respectfully submitted,
PETITIONER:
MAGNOLIA GREEN DEVELOPMENT,
LLC, a Virginia limited liability company
By: MAGNOLIA GREEN DEVELOPMENT
MEMBER, LLC, a Virginia limited liability
cornpany,~anager
0505:75585.3
9
0001.51.
OSOS:1SS8S3
By: MAGNOLIA GREEN DEVELOPMENT
HOLDINGS, LLC, a Virginia limited liability
company, Manager
By: RA YKAT, INC., a Virginia corporation,
Manager
B~
/
10
000:152
fC\
.
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Page 1 of 3
Meeting Date: November 14,2007
Item Number:
8.D.12,.b.1.
Subiect:
Set a Public Hearing to Consider the Tax Exemption Request of The Eppington
Foundation
County Administrator's Comments:
County Administrator: ~
Board Action Reauested:
Set a public hearing for December 19/ 2007 to consider the tax exemption
request of The Eppington Foundation.
Summary of Information:
Under Virginia law, real and personal property used for
charitable/ patriotic, historical, benevolent/ cultural or
playground purposes may be exempted from taxation by the
Supervisors.
religious,
park and
Board of
The Eppington Foundation/ a historical/ non-profit organization located in
Chesterfield County, has requested a tax exemption on a 63 -acre parcel
(Parcel No. 709635067600000) adjacent to Eppington Foundation.
The Eppington Foundation owns and operates the historic Eppington Plantation/
which has been made a National Historic Landmark by the National Park
Service. In 2005, the Foundation began the process of acquiring additional
land adjacent to and near the plantation site in order to protect the
Preparer: Steven L. Micas
Title: County Attornev
0505:76856.1
Attachments:
. Yes
DNO
#
000:1.53
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Page 2 of 3
plantation site against development encroachment and to protect the
property's view shed. For budgetary reasons, these acquisitions have been
limited to approximately 60 acres per year and will continue over a total of
six years. The Foundation is placing conservation easements on these
properties as they acquire them. The Foundation plans to incorporate these
property acquisitions into the entrance to the Plantation, which will insure
a scenic entrance way and a substantial buffer between the plantation site
and future development.
Each year, the Foundation intends to request a tax exemption on the parcel
newly acquired during that year. In 2005, the Board approved a request from
Eppington for tax exemption for the first of the six parcels, and last year
the Board approved a request for the second of the six parcels (see the
property identified on the attached map). This year's tax exemption request
is for a parcel to the east of the si tes for which the exemptions have
already been granted (see the property identified as 14501 Eppes Falls Road) .
The location for the remaining three parcels is also shown on the map.
The 63 acre parcel for which the exemption is requested has an assessed value
of $184,800, leading to an annual tax of $1,792.56. This assessment is well
below the $5,000 cap for the granting of a real estate tax exemption pursuant
to the Board's policy.
Staff has reviewed the Eppington Foundation's application and finds that it
is consistent with the policy established by the Board for granting tax
exemptions. Additionally! staff has reviewed the information which state law
requires the Board to consider before granting an exemption and finds that
the information is consistent with Eppington's status as a historical
organization that is eligible for the tax exemption. The criteria which the
Board must consider under state law! are attached.
In order to consider this request! the Board must schedule a public hearing
for December 19, 2007.
OOOj.54
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Page 3 of 3
CRITERIA FOR CONSIDERING TAX EXEMPTION
REQUESTS UNDER STATE LAW
1. The Eppington Foundation is exempt from taxation pursuant to sSGl (c) of
the Internal Revenue Code.
2. The Eppington Foundation does not possess a current annual alcoholic
beverage license for serving alcoholic beverages for use on the
property, although individuals who rent the Plantation for wedding
receptions may obtain an ABC license and serve alcoholic beverages
during the reception.
3. No director of the Foundation is paid any compensation for service to
the corporation and its salaries are not in excess of reasonable
salaries for services performed by the employees.
4. No part of the net earnings of the Foundation inures to the benefit of
any individual.
5. The Foundation provides services for the common good of the public.
6. The Foundation does not attempt to influence legislation or intervene in
any political campaign on behalf of any candidate for public office.
0505:76856.1
OOOj..55
VICINITY S H
The Eppington F n ti n
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Obtained
2005 -2006
1 tlcl ~ qR~' ~ -11OO:J ti~ t
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OOO'j~6
81
~
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Page 1 of 3
Meeting Date: November 14, 2007
Item Number:
S.O.11.b.2.
Subiect:
Set a Public Hearing to Consider the Tax Exemption Request of Chesterfield
Alternatives, Incorporated
County Administrator's Comments:
County Administrator:
M
{j
Board Action Reauested:
Set a public hearing for December 19, 2007 to consider the tax exemption
request of Chesterfield Alternatives, Inc.
Summary of Information:
Under Virginia law, real and personal property used for religious,
charitable, patriotic, historical, benevolent, cultural, or park and
playground purposes may be exempted from taxation by the Board of
Supervisors. This year Chesterfield Alternatives, Inc. ("CAI"), a
benevolent, non-profit organization located in Chesterfield County, has
requested a tax exemption on a parcel located at 6301 Mockingbird Lane in
Dale Magisterial District and acquired in 2005 (Parcel No. 731673318700000).
CAI is a non-profit Virginia corporation created in 1986 to assist the
Community Services Board in integrating mentally handicapped people into the
community by operating group homes. CAI operates eight group homes for the
mentally handicapped in Chesterfield County. The group home for which CAr
seeks this exemption will be used for adults with mental retardation. It
Preparer: Steven L. Micas
Title: County Attornev
0505:76875.1
Attachments:
. Yes
DNO
#
000::1,.57
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Page 2 of 3
will be licensed by the Virginia Department of Mental Health, Mental
Retardation and Substance Abuse. Residential support services will be
provided by Chesterfield Community Services Board beginning in November 2007.
The parcel has an assessed value of $200,500. The annual real estate tax on
the parcel is $1,944.85. This is significantly below the $5,000 cap which
the Board's policy permits for the consideration of tax exemptions.
Staff has reviewed CAI's application and finds that it is consistent with the
policy established by the Board for granting tax exemptions. Additionally,
staff has reviewed the information which state law requires the Board to
consider before granting an exemption and finds that the information is
consistent with CAI's status as a benevolent organization that is eligible
for the tax exemption. The criteria which the Board must consider under
state law, are attached.
In order to consider this request, the Board must schedule a public hearing
for December 19, 2007.
0001.58
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Page 3 of 3
CRITERIA FOR CONSIDERING TAX EXEMPTION
REQUESTS UNDER STATE LAW
1. CAI is exempt from taxation pursuant to ~501 (c) of the Internal Revenue
Code.
2. CAI does not possess a current annual alcoholic beverage license for
serving alcoholic beverages for use on either of the properties.
3 . No director of CAI is paid any compensation for service to the
corporation and its salaries are not in excess of reasonable salaries
for services performed by the employees.
4. No part of the net earnings of CAI inures to the benefit of any
individual
5. CAI provides services for the common good of the public.
6 . CAI does not attempt to influence legislation or intervene in any
political campaign on behalf of any candidate for public office.
0505:76875.1
000:2.59
VICINITY SKETCH
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Chesterfield County D@partment of Utilities
~ llW' ~ qt'a~ Z5i23 ~t
OOOj~60
CHESTERFIELD COUNTY
BOARD OF S..UPERVISORS
GEND
Page 1 of 3
Meeting D.ate: November 14,2007
Item Number:
8.D.1~b.3w
Subiect:
Set a Public Hearing to Consider the Tax Exemption Request of Patient
Services, Incorporated
County Administrator's Comments:
County Administra.tor: /fJ
Board Action-ReQuested:
The Board of Supervisors is requested to set a public hearing for December
19, 2007 to consider the tax exemption requests of Patient Services, Inc.
Summary of Information:
Under Virginia law1 real and personal property used for charitable and
benevolent purposes may be classified as exempt from taxation by the Board of
Supervisors. This year Patient Services, Inc., a benevolent, non-profit
organization with an office in Chesterfield County, has requested a tax
exemption for a 1.037 acre parcel (Parcel No. 731687113600000), a 1.003 acre
parcel (Parcel No. 730681527000000), and a 1.247 acre parcel (Parcel No.
730687964700000). Maps of the parcels are attached.
Patient Services, Inc. is a benevolent, non-profit Virginia corporation
incorporated in 1991, which was developed to support persons with specific
chronic medical illnesses by assisting them with health insurance premiums
and pharmacy co-payments in order to help improve their quality of life.
They are seeking exemption for their offices, which are located on the three
parcels, which are at 3104 and 3106 East Boundary Court, Midlothian, and
Preparer:
Steven L.Micas
Title: County Attornev
0505:76991.1
Attachments:
. Yes
DNO
#
OOOj~61
CHESTERFIELD COUNTY
BOARD OF SUPER ISORS
AGEND
Pag.e 2 of 3
13541 East Boundary Road as part of the Branderrnill Trade Center. The 1.. 037
acre parcel (Parcel Now 731687113600000) is assessed at $365,400, leading to
an annual real estate tax of approximately $3,544.38. The 1.003 acre parcel
(Parcel No. 730687527000000) is assessed at $704,4001 leading to an annual
tax of $6,832w68.. The 1.247 acre parcel (Parcel No. 730687964700000) is
assessed at $1,354, 100, leading to an annual tax of $13, 134 .. 77 . The
collective amount of the assessmentl $23,511..83 exceeds the $5,000 cap which
the Board's policy permits for the consideration of tax exemptions.
AccordinglYr to consider this request above $5,0001 the Board would have to
waive its policy by unanimous vote.
Staff has reviewed the information which state law requires the Board to
consider before granting an exemption and finds that the information is
consistent with Patient Services, Ine./s status as a benevolent, non-profit
organization that is eligible for the tax exemption. The criteria which the
Board must consider under state law are attached.
In order to consider this request, the Board must schedule a public hearing
for December 191 2007. Staff recommends that the Board only consider this
request, after a public hearing, in an amount not to exceed $5,000.
000:1&62
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Page 3 of 3
CRITERJ:APOR CONSIDERING TAX EXEMPTION
REQUESTS mmE:a STATE LAW
1~ Patient Services, Inc. is exempt from taxation pursuant to ~501(c)
of the Internal Revenue Code;
2 .. Patient .Services, Ine IP does not possess a current annual alcoholic
beverage license for serving alcoholic beverages for use on the property;
3. No director of Patient Services I Inc~ is paid any compensation for
service to the corpopa.tion and it~ salaries are not in excess of reasonable
salaries for services performed by the employeesi
4.. No part of the net earnings of Patient Services, Inc. inures to the
benefit of any individual;
5. Patient Services, Inc. provide services for the common good of the
public; and
6. Patient Services, Inc. does not attempt to influence legislation or
intervene in any political campaign on behalf of any candidate for public
office.
0505:76991.1
0001~63
VICINITY SKETCH
Patient Services, Inc.
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Chesterfield County Dep.artment of Utilities
61
~~,!!}J'~
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Page 1 of 3
Meeting Date: November 14,2007
Item Number:
8.D.11.b.4.
Subiect:
Set a Public Hearing to Consider the Tax Exemption Request of Community Based
Services, Incorporated
County Administrator's Comments:
County Administrator:
~
f
Board Action Reauested:
The Board of Supervisors is requested to set a public hearing for December
19, 2007 to consider the tax exemption request of Community Based Services,
Inc.
Summary of Information:
Under Virginia law, real and personal property used for religious,
charitable, patriotic, historical, benevolent, or cultural purposes may be
classified as exempt from taxation by the Board of Supervisors. This year
Community Based Services, Inc. ("CBSI"), a benevolent, non-profit
organization located in Chesterfield County, has requested a tax exemption on
a 0.346 parcel located at 5132 Gravelbrook Drive in Dale Magisterial District
and which it acquired in 2005 (Parcel No. 776687002900000). A map of the
parcel is attached.
CBSI provides residential support and services to adults with mental
retardation and other disabling conditions. The property for which CBSI is
requesting an exemption is being used as a residential group home for five
Pre parer:
Steven L. Micas
Title: County Attornev
0505:76858.1
Attachments:
. Yes
DNO
#
OOOj.65
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS Page 2 of 4
AGENDA
adults with a primary diagnosis of mental retardation. This property is the
primary residence for these five individuals.
The parcel has an assessed value of $233/700 and an annual real estate tax of
$2/266.89. This amount is significantly below the $5,000 cap which the
Board's policy permits for the consideration of tax exemptions.
Staff has reviewed CBSI's application and finds that it is consistent with
the policy established by the Board for granting tax exemptions.
Additionally, staff has reviewed the information which state law requires the
Board to consider before granting an exemption and finds that the information
is consistent wi th CBSI' s status as a benevolent organization that is
eligible for the tax exemption. The criteria which the Board must consider
under state law are attached.
In order to consider this request/ the Board must schedule a public hearing
for December 19/ 2007.
000::1.66
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Page 3 of 4
CRITERIA FOR CONSIDERING TAX EXEMPTION
REQUESTS UNDER STATE LAW
1. Community Based Services, Inc. is exempt from taxation pursuant to
~501(c) of the Internal Revenue Code;
2. Community Based Services, Inc. does not possess a current annual
alcoholic beverage license for serving alcoholic beverages for use on the
property;
3. No director of Community Based Services, Inc. is paid any
compensation for service to the corporation and its salaries are not in
excess of reasonable salaries for services performed by the employees;
4 . No part of the net earnings of Communi ty Based Services, Inc.
inures to the benefit of any individual;
5. Community Based Services, Inc. provide services for the common good
of the public; and
6. Community Based Services, Inc. does not attempt to influence
legislation or intervene in any political campaign on behalf of any candidate
for public office.
0505:76858.1
0001.67
VICINITY SKETH
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OOOj~6
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611
ri!lc!"~~
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Page 1 of 3
Meeting Date: November 14,2007
Item Number:
8.D.12..b.5.
Subiect:
Set a Public Hearing to Consider the Tax Exemption Request of Johns
Foundation
County Administrator's Comments:
County Administrator:1
Board Action Reauested:
Set a public hearing for December 19, 2007 to consider the tax exemption
request of Johns Foundation.
Summary of Information:
Under Virginia law, real and personal property used for charitable,
patriotic, historical, benevolent, or cultural purposes may be exempted from
taxation by the Board of Supervisors. This year Johns Foundation, a
benevolent, non-profit organization located in Chesterfield County, has
requested a tax exemption on furniture and fixtures located at the Hawthorne
Cancer Resource Center at 1459 Johnston-Willis Drive in Midlothian
Magisterial District.
Johns Foundation is a non-profit Virginia corporation created in 1988 to
provide assistance to cancer patients by providing grants, underwriting
education for oncology professionals, and supporting the programs of the
Hawthorne Cancer Resource Center. All furniture and fixtures are located at
the Hawthorne Cancer Resource Center (~The Hawthorne"). The Hawthorne is a
Preparer: Steven L. Micas
Title: County Attornev
0505:76860.1
Attachments:
. Yes
DNO
#
000:1.69
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Page 2 of 3
non-clinical environment where cancer patients and their families participate
in educational, recreational and support activities. The personal property
tax on the furniture and fixtures for which Johns seeks this exemption is
approximately $500.00.
Staff has reviewed Johns Foundation's application and finds that it is
consistent with the policy established by the Board for granting tax
exemptions. Additionally, staff has reviewed the information which state law
requires the Board to consider before granting an exemption and finds that
the information is consistent with Johns Foundation status as a benevolent
organization that is eligible for the tax exemption. The criteria which the
Board must consider under state law, are attached.
In order to consider this request, the Board must schedule a public hearing
for December 19, 2007.
0001.70
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Page 3 of3
CRITERIA FOR CONSIDERING TAX EXEMPTION
REQUESTS UNDER STATE LAW
1. Johns Foundation is exempt from taxation pursuant to ~501 (c) of the
Internal Revenue Code.
2. Johns Foundation does not have an annual alcoholic beverage license.
3. The officers and directors of the Johns Foundation are volunteers and do
not receive any compensation. The one employee of the organization
receives a reasonable salary.
4. A significant portion of the Johns Foundation's earning are received by
donations, contributionst and local grants. The Johns Foundation gives
grants to needy cancer patients as a part of its Hope for Cancer
Patients Program. None of its net earnings inures to the benefit of any
individual.
5. The Johns Foundation provides a Cancer Resource Center for the community
and awards grants to needy cancer patients. We believe these services
are for the common good of the public.
6. The Johns Foundation is not involved in carrying on propaganda,
influencing legislationt or political campaigns.
7. The revenue impact to the locality and its taxpayers of exempting the
property of the Johns Foundation from taxes is currently a loss of
approximately $500 per year in property taxes.
8. The Johns Foundations has not been informed by the governing body of any
other criteriat facts and circumstances that are deemed pertinent.
0505:76860.1
000:1.71.
~\
II~~._.- ~I!
~
~~~IN~~
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Page 1 of 3
Meeting Date: November 14,2007
Item Number:
8.D.11.b.S.
Subiect:
Set a Public Hearing to Consider the Tax Exemption Request of Richmond
Goodwill Industries, Incorporated
County Administrator's Comments:
County Administrator: 01
if
Board Action Reauested:
The Board of Supervisors is requested to set a public hearing for December
19, 2007 to consider the tax exemption requests of Richmond Goodwill
Industries, Inc.
Summary of Information:
Under Virginia law, real and personal property used for charitable and
benevolent purposes may be classified as exempt from taxation by the Board of
Supervisors. This year Richmond Goodwill Industries, Ine. ( "RGI"), a
benevolent, non-profit organization with an office in Chesterfield County,
has requested a tax exemption for a 2.062 acre parcel (Parcel No.
739709205300000), located at 1211 Alverser Drive. A map of the parcel is
attached.
RGI is a benevolent, and charitable, non-profit virginia corporation, which
was developed to help people with obstacles to employment achieve the highest
possible degree of economic and personal independence. The parcel is
assessed at $1,741,300, leading to an annual real estate tax of $16,890.61.
The assessment exceeds the $5,000 cap which the Board's policy permits for
Preparer:
Steven L. Micas
Title: County Attornev
0505:77076.1
Attachments:
. Yes
DNO
#
0001.72
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Page 2 of 3
the consideration of tax exemptions. Accordingly, to consider this request
above $5/000, the Board would have to waive its policy by unanimous vote.
Staff has reviewed the information which state law requires the Board to
consider before granting an exemption and finds that the information is
consistent with RGI's status as a benevolent, charitable, non-profit
organization that is eligible for the tax exemption. The criteria which the
Board must consider under state law are attached.
In order to consider this request, the Board must schedule a public hearing
for December 19, 2007. Staff recommends that the Board only consider this
request, after a public hearing, in an amount not to exceed $5/000.
000:1.73
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Page 3 of 3
CRITERIA FOR CONSIDERING TAX EXEMPTION
REQUESTS UNDER STATE LAW
1. Richmond Goodwill Industries, Inc. is exempt from taxation pursuant
to ~501(c) of the Internal Revenue Code;
2 . Richmond Goodwill Industries, Inc. does not possess a current
annual alcoholic beverage license for serving alcoholic beverages for use on
the property;
3. No director of Patient Services, Inc. is paid any compensation for
service to the corporation and its salaries are not in excess of reasonable
salaries for services performed by the employees;
4. No part of the net earnings of Richmond Goodwill Industries, Inc.
inures to the benefit of any individual;
5. Richmond Goodwill Industries, Inc. provide services for the common
good of the public; and
6. Richmond Goodwill Industries, Inc. does not attempt to influence
legislation or intervene in any political campaign on behalf of any candidate
for public office.
0505:77076.1
000j.74
RICHMOND GOODWILL I U
1211ALVER RI
IE , IN .
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OOOj~75
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CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Page 1 of 1
Meeting Date: November 14,2007
Item Number: 8.D~ 11.
Subiect:
Approval of Assignment of Purchase Contract from Dempsey L. Bradley, Sr. to
BMECH, LLC
County Administrator's Comments:
County Administrator:--z91
Board Action Reauested:
The Board is requested to approve the assignment of a purchase contract to
BMECH, LLC.
Summary of Information:
On February 8, 2006, the Board authorized the sale of approximately 2 acres
located on Virginia Pine Court in the Airport Industrial Park to Dempsey L.
Bradley, Sr. Mr. Bradley wishes to develop the site as a Limited Liability
Corporation rather than in his individual capaci ty. Therefore, staff
recommends that the Board authorize the assignment of the purchase contract
to BMECH, LLC, of which Mr. Bradley is a member.
Preparer:
Steven L. Micas
Title: County Attornev
0623:77020.1
Attachments:
DYes
.NO
#000:1.76
-"'-
-
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Page 1 of 2
Meeting Date: November 14, 2007
Item Number: 8.0.14.
Subiect:
Award of a Contract for Management Consulting Services to Conduct a
Management Study for Chesterfield County
County Administrator's Comments:
County Administrator: -!jJ
Board Action Reauested:
The Board of Supervisors is requested to award a contract for management
services to TATC Consulting in the amount of $135,000, authorize the County
Administrator to execute the necessary documents, and transfer funding from
debt service to the General Government Appropriation category
Summary of Information:
In August 2007, the Board of Supervisors approved for staff to proceed with
advertising a Request for Proposal (RFP) for an independent evaluation of
county management practices and procedures, contracting procedures and
processes, and to identify opportunities and make recommendations to make the
county more efficient in spending taxpayers' money. Staff was asked to
prepare a timeline for completing such an analysis concurrent with the change
in leadership, and in time to be available as soon as feasible for the
Board's review in spring 2008.
As a result of the Competitive Negotiation Process, staff herein recommends
award of the contract to TATC Consulting for a fee of $135,000.
Preparer:
Lou Lassiter
Title: Internal Audit Director
Attachments:
. Yes
DNa
#
61\
I ::
~~if}
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Page 2 of 2
Meeting Date: November 14,2007
Budaet and Manaaement Comments:
This request is to transfer funds and award a contract to TATe Consulting
in the amount of $135,000. Funds are available in the debt service budget
due to the favorable interest rate received in the lease/purchase sale
completed in August 2007.
Preparer: Allan M. Carmody
Title: Director, Budaet and Manaaement
000:1.78
Mana2:ement Study Services:
Countv Mana2:ement Dractices and Drocedures - Compile and review all necessary
information, present conclusions and make recommendations for improvement as
needed for the following areas:
. Meet with each department director and review the County wide administrative
procedures they are primarily responsible for as well as others to determine areas
of improvement. This review should also identify areas where gaps and
opportunities exist in County Administrative procedures according to best
practices.
. Meet with each leadership team member to review County wide administrative
procedures, or other organizational improvements they state are needed. This
may include organizational changes they feel would improve and streamline the
organization.
. Review most recent State of Virginia AP A data to benchmark the county's cost of
services against other localities with populations in excess of 100,000. This
should be done on a summary basis as well as by major functional area on a per
capita basis. Data should also be presented on a per student basis for educational
expenses. Identify service areas that are higher cost than average that provide
opportunity for cost savings.
Contractine Dractices and Drocedures - Compile and review all necessary
information, present conclusions and make recommendations for improvement as
needed for the following areas:
. Review all County and School Board contracting and procurement policies and
procedures and determine if they are in compliance with the Code of Virginia
Public Procurement Act. Identify where policies and procedures have any
deficiencies or are in need of improvement. Determine if current procurement
policies, procedures and practices are designed to achieve the best value in
spending taxpayer money while maintaining compliance, efficiency and
effectiveness in the procurement process.
. Review and test a sampling of FY2007 or 2008 procurements, including School
Board procurements. The sample should be across a wide variety of types of
procurements (Construction Projects, Goods, and Services) as well as a varied
sample by dollar values. The sample tested should be large enough for the team
to draw conclusion if practices are following policies and procedures and if they
are in compliance with the Code of Virginia Public Procurement Act.
000:179
. Survey other localities in Virginia and best practices localities to determine
innovative ideas for procurement that are not being used in Chesterfield that are
permitted by the Code of Virginia.
Cost savine: and efficiency - Compile and review all necessary information, present
conclusions and make recommendations for improvement as needed for the
following areas:
. Review each department's budget and performance plans and indicators and
compare key performance measures to industry standards. Identify opportunities
for cost savings, or efficiency or effectiveness by department that could be
achieved. Documented evidence on how cost savings could be achieved should
be presented.
. Review areas for potential consolidation or privatization that have been
implemented by other comparable local governments and proven to save taxpayer
resources. Documented evidence on how cost savings could be achieved should
be presented.
Community Contracts and Non-Profits - Compile and review all necessary
information, present conclusions and make recommendations for improvement as
needed for the following areas:
. Compare county contributions to community contracts and non-profits and
determine if the percentage of county's overall budget contributed is comparable
to its county and city peers in Virginia with populations over 100,000.
. Review data for all community contracts and non-profits for most recent year with
Budget Director. Make overall determination if the county is receiving good
value for funding provided. Determine if there are any specific community
contracts where it does not appear County is receiving good value in terms of
services to the community for the funding invested. Review the overall process
that is in place to ensure accountability.
OOOj.SO
.--~
~- ~~~
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Page 1 of 3
Meeting Date: November 14,2007
Item Number: 8.0. Ii.
Subiect:
Approval of Design/ Authorization to Proceed with Right-of-Way Acquisition
and Construction/ and Authorization to Award Construction Contracts for the
Chalkley Road Shoulder (Route 10 to Beckinham Drive) and Curve Realignment
(Autumn Oaks) Project
County Administrator's Comments:
County Administrator: ~
Board Action Reauested: The Board is requested to: 1) approve the design for
the Chalkley Road Shoulder (Route 10 to Beckinham Drive) and Curve
Realignment (Autumn Oaks) Project; 2) authorize staff to proceed with right-
of-way acquisition, including advertising of an eminent domain public hearing
if necessary/ and construction of the project; and 3) award construction
contract(s)/ up to $530,000, to the lowest responsible bidder(s).
Summary of Information: In May 2005/ the Board appropriated road cash
proffers and authorized staff to proceed with the Chalkley Road Shoulder
project. The purpose of the project was to provide adequate shoulders on
Chalkley Road between Route 10 and Centralia Road. After preliminary
engineering was completed/ the cost of adjusting utilities and the associated
impacts on adjoining landowners were judged too severe to proceed with the
original project. The scope of the original project has now been reduced to
address two of the more cri tical needs on Chalkley Road: the lack of
shoulders between Route 10 and Beckinham Drive and the realignment of the
curve at Autumn Oaks. The design for the reduced scope project has now been
completed. The reduced project is estimated to cost $1.4 million.
Pre parer:
R.J.McCracken
agen672
Title: Director of Transoortation
Attachments:
. Yes
DNO
1foOO~'-81.
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Page 2 of 3
Summary of Information: (Continued)
Six parcels will be directly impacted by the shoulder construction between
Route 10 and Beckinham Drive. No families will be relocated. Right-of-way
will need to be acquired across the road frontage of the parcels in order to
construct the project and adjust utilities.
Eleven parcels will be directly impacted by the realignment of the curve at
Autumn Oaks. No families will be relocated. At least three parcels will have
significant right of way acquisition impacts.
Staff met with the individual property owners directly impacted by the
project during the plan development and explained the proposed design. Minor
design revisions were made to address owner requests. As a result of the
meetingsr staff concluded the customary formal citizen information meeting
would provide no additional information and was unnecessary. A letter has
been sent to each landowner advising them that Board approval of the design
was being requested at this Board meeting.
All owners would prefer that none of their property be acquired. Most were
aware of the accidents along the road and understood the need for the
proposed improvements. A few believe the improvements will only increase
speeds along the road and will not be beneficial.
If the Board approves the designr right-of-way acquisition will begin
immediately with construction expected to begin in Spring/Summer 2008.
Staff should also be authorized to advertise and award a construction
contractr up to a combined $530,000 total, to the lowest responsible bidder.
Recommendation:
Staff recommends the Board:
1. Approve the design for the Chalkley Road Shoulder (Route 10 to Beckinham
Drive) and Curve Realignment (Autumn Oaks) Project;
2. Authorize staff to acquire right-of -way for the proj ect I including
advertising of an eminent domain public hearing if necessary; and
3. Award a construction contract(s)r up to a combined $530,000 totalr to
the lowest responsible bidder(s) .
District: Bermuda
000:182
~
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1'i!J.iJrI!fJ
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Page 3 of 3
Meeting Date: November 14,2007
Budaet and Manaaement Comments:
Sufficient cash proffer appropriations are available for staff to award
construction contracts up to $530,000 for the Chalkley Road Shoulder project.
Pre parer:
Allan M. Carmody
Title: Director. Budaet and Manaaement
000:183
CHALKLEY ROAD SHOULDER &
CURVE REALIGNMENT PROJECT REVENUE
DATE TRANSFER SOURCE
May 25, 2005 $1,427,466 Traffic Shed 13 Road Cash Proffer
CHALKLEY ROAD SHOULDER &
CURVE REALIGNMENT PROJECT ESTIMATE
Preliminary Engineering $157,466
Right of Way $650,000
Construction $620,000
Total $1,427,466
000j.84
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& ASSOCIATES, L.L.P.
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CHESTERFIELD COUNTY
BOARD OF SUPERVISORS Page 1 of 3
AGENDA
Meeting Date:
November 14, 2007 Item Number: 9.A.
Subiect: Developer Water and Sewer Contracts
County Administrator's Comments:
County Administrator:
(}J
(J
Board Action Reauested: The Board of Supervisors has authorized the County
Administrator to execute water and/or sewer contracts between County and
Developer where there are no County funds involved.
The report is submitted to Board members as information.
Summary of Information:
The following water and sewer contracts were executed by the County
Administrator:
1.
Contract Number:
Project Name:
04-0518
Belle Spring Townes
Developer:
Contractor:
Belle Spring Townes, LC
Groundsman, Incorporated
Contract Amount:
Water Improvements -
Wastewater Improvements -
$115,385.00
$122,936.50
District:
Dale
Preparer:
William O. Wriaht
Title: Assistant Director of Utilities
Attachments:
DYes
.NO
# OOOj.87
Agenda Item
November 14, 2007
Page 2
2.
Contract Number:
Project Name:
Developer:
Contractor:
Contract Amount:
District:
3 . Contract Number:
Project Name:
Developer:
Contractor:
Contract Amount:
District:
4 . Contract Number:
Project Name:
Developer:
Contractor:
Contract Amount:
District:
5 . Contract Number:
Project Name:
Developer:
Contractor:
Contract Amount:
District:
05-0205
Belfair Townhouses Section 3 & 4, Stage 1
Belfair Associates, LLC
Perkinson Construction Company
Water Improvements -
Wastewater Improvements -
Dale
05-0351
Clay Pointer Section C
W. G. Speeks/H. A. Posey, Trustees
Excalibur Construction Corporation
Water Improvements -
Wastewater Improvements -
Clover Hill
06-0022
HP-2 Truck Court at Rivers Bend Center
$150,555.90
$67,308.99
$122,780.00
$176,180.00
FP 500 and 600 HP Way LLC
Johnson and Glazier Construction Company, Inc.
Water Improvements -
Bermuda
06-0292
Belvedere Retail Center
The Shoppes at Belvedere, LLC
Godsey and Son, Incorporated
Water Improvements -
Wastewater Improvements -
Midlothian
$5,000.00
$46,000.00
Private
OOOj.88
Agenda Item
November 14, 2007
Page 3
6 .
Contract Number:
Project Name:
Developer:
Contractor:
Contract Amount:
District:
07-0008
Silverleaf Sales and Recreation Center
Terra-Forge, Incorporated
Castle Equipment Corporation
Water Improvements -
Wastewater Improvements -
Dale
$44,140.00
$41,862.00
000:1.89
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I ' il
~~rJ
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Page 1 of 1
Meeting Date: November 14,2007
Item Number: 9.8.
Subiect:
Status of General Fund Balance, Reserve for Future Capital Projects,
District Improvement Fund, and Lease Purchases
County Administrator's Comments:
County Administrator:
2J
(j
Board Action Reauested:
Summary of Information:
Preparer:
James J. L. Steamaier
Title: County Administrator
Attachments:
. Yes
DNO
I # 000j.90 I
BOARD
MEETING
DATE
07/01/07
CHESTERFIELD COUNTY
UNDESIGNA TED GENERAL FUND BALANCE
November 14, 2007
DESCRIPTION
AMOUNT
FY2008 Beginning Budgeted Balance
*Pending outcome of FY2007 Audit Results
BALANCE
$49,945,000 *
0001.91.
Board
Meeting
Date
6/30/2007
CHESTERFIELD COUNTY
RESERVE FOR FUTURE CAPITAL PROJECTS
November 14, 2007
Description
Amount
FY07 Ending Balance
FOR FISCAL YEAR 2008 BEGINNING JULY 1,2007
4/11/2007
4/11/2007
10/10/2007
FY08 Budgeted Addition
15,521,300
FY08 Capital Projects
(14,889,300)
Fire Logistics Facility, Phase II
( 150,000)
*Pending outcome of FY2007 Audit Results
Balance
$1,097,798
16,619,098
1,729,798
1,579,798
000:1.92
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Prepared by
Accounting Department
October 31, 2007
SCHEDULE OF CAPITALIZED LEASE PURCHASES
APPROVED AND EXECUTED
Outstanding
Date Original Date Balance
Began Descriotion Amount Ends 10/31/07
04/99 Public Facility Lease - Juvenile Courts Project $16,100,000 11/19 $10,465,000
01/01 Certificates of Participation -
Building Construction, Expansion and Renovation;
Acquisition/Installation of Systems 13,725,000 11/21 8,210,000
03/03 Certificates of Participation - Building
Construction, Expansion and Renovation 6,100,000 11/23 4,820,000
03/04 Certificates of Participation - Building
Construction, Expansion and Renovation;
Acquisition/Installation of Systems 21,970,000 11/24 18,550,000
10/04 Cloverleaf Mall Redevelopment Project 9,225,000 10/08 9,225,000
11/04 School ArchivallRetrieval System Lease 21,639 01/08 2,520
12/04 Energy Improvements at County Facilities 1,519,567 12/1 7 1,383,317
12/04 Energy Improvements at School Facilities 427,633 12/10 306,953
05/05 Certificates of Participation - Building
Acquisition, Construction, Installation,
Furnishing and Equipping;
Acquisition/Installation of Systems 14,495,000 11/24 12,435,000
05/06 Certificates of Participation - Building
Acquisition, Construction, Installation,
Furnishing and Equipping;
Acquisition/Installation of Systems 11,960,000 11/24 10,350,000
08/07 Certificates of Participation - Building
Expansion/Renovation, Equipment
Acquisition 22~220~OOO 11/27 22~220~OOO
TOTAL APPROVED $117.763.839 $97.967.790
AND EXECUTED
PENDING EXECUTION
Approved
Descriotion Amount
None
000:2.94
November 14, 2007
Speaker's List
Afternoon Session
1. Mr. Quenton Lee
2. Ms. Karen Bagley
3. Ms. Brenda Stewart
4.
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BRENDA L. STEWART
5911 Woodpecker Road
Chesterfield, VA 23838
Phone/Fax: (804) 590-2309
E-mail: bl-stewart@.comcast.net
November 14, 2007
REMARKS TO CHESTERFIELD BOARD OF SUPERVISORS DURING
CITIZENS' COMMENT PERIOD AFTERNOON SESSION
I have been before you previously to talk about some of the county's more
interesting land purchases. Today I present my latest discovery. It certainly
competes with Henrico's reported activity when it comes to the smell test.
Let's review the facts for one of the parcels purchased for the new Clover Hill
High School. The deal closed February 2,2005.
1. Acreage: 12.4 at 3549 South Old Hundred Road
Chesterfield County assessed value: $37,200
2. Price on December 15, 2004, when Board voted to exercise option to
purchase parcel: approximately $249,000
3. Price on January 12, 2005, one month later, when Board voted to
approve amended option: $496,400
What happened? Well, it seems as if the developer who owned the land did not
receive the December option payment, so he notified the county that the option
had expired as of December 1st. Notwithstanding that notification, this Board
voted on December 15 to exercise that expired option. Then the shakedown
apparently occurred. This Board not only agreed to amend an expired option to
double the price of the land, it agreed to paying the developer another $5000 to
cover the option fees for December and January after the option had expired.
If the developer agreed to reinstate the option, thus justifying the additional
$5000 in option payments, then the obvious question is why wasn't the option
reinstated with the original terms and price of $248,900?
If the developer refused to reinstate the option unless it was amended to double
the price, then why didn't the county take the land under eminent domain?
Chesterfield took my neighbor to court over land for the Matoaca High School
and I believe the amount in question was less than $50,000. But then he was not
a developer, just a mere taxpaying citizen.
2
Is this the first time such a questionable land deal occurred in this county?
NO
Is this the first time questionable actions have been taken with respect to
options? NO (See below for more.)
Check out the option exercised to buy the land for Cosby High. Part of
that land was deeded away before the option was exercised. The county later
purchased unneeded land to fill in the missing acreage not delivered by the
developer. (Cost: about $252,000)
Is acreage in wetlands this valuable when it is owned by mere citizens and
not developers? NO
Check out the current activity with land being purchased for the new
Bermuda schools close to Interstate 295 off Route 10. A certain landowner
(apparently a mere citizen) might be interested in knowing that the $1000 per
acre he was offered for land encumbered by Resource Protection Area
designation does not apply across the board in this county.
That management consulting contract you considered today is designed to
exclude review of these questionable land deals.
Maybe there's some housecleaning to be done before the new Board takes
their seats.
Here's a list of a few more interesting land deals:
Centerpointe: Chesterfield pays developer $118,000 per acre for land for a
middle school, including more than five acres of wetlands the developer could not
build on. This land was inferior to nearby land the developer had under contract
for $58,000 per acre.
Cosby Road: Chesterfield pays almost $38,000 per acre for land that a
developer had recently purchased for approximately $5900 per acre ($5937). It
involves wetlands and according to notes in official files was not needed for the
Cosby High School.
Cosby Road: Chesterfield pays almost $38,000 per acre for land assessed at
$3508 per acre.
.
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Page 1 of 1
Meeting Date: November 14,2007
Item Number: 14.A.
Subiect:
Resolution Recognizing Mr. Brian Thomas Pool I Troop 8111 Sponsored by
Episcopal Church of the Redeemerl and Mr. Michael Houston Harpe and Mr.
Matthew Keith Murdock I Both of Troop 800 I Sponsored by Bethel Baptist
Churchl Upon Attaining Rank of Eagle Scout
County Administrator's Comments:
County Administrator: .m
Board Action ReqUested?!
Adoption of the attached resolution.
Summary of Information:
Staff has received requests for the Board to adopt resolutions
recognlz1ng Mr. Brian Thomas Pool, Troop 811, and Mr. Michael Houston
Harpe and Mr. Matthew Keith Murdock, both of Troop 800, upon attaining
the rank of Eagle Scout. They will be present at the meeting,
accompanied by members of their families, to accept their resolutions.
Preparer:
Janice Blakley
Title:
Clerk to the Board
Attachments:
. Yes
DNO
I #000:1.95
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 twenty-one 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. Brian Thomas Pool, Troop 811, sponsored by the Episcopal
Church of the Redeemer, and Mr. Michael Houston Harpe and Mr. Matthew
Keith Murdock, both of Troop 800, sponsored by Bethel Baptist Church,
have accomplished those high standards of commitment and have reached
the long- sought goal of Eagle Scout which is received by only four
percent of those individuals entering the Scouting movement; and
WHEREAS, growing through their experiences in Scouting, learning
the lessons of responsible ci tizenship, and endeavoring to prepare
themselves for roles as leaders in society, Brian, Michael and Matthew
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 14th day of November 2007, hereby extends its
congratulations to Mr. Brian Thomas Pool, Mr. Michael Houston Harpe and
Mr. Matthew Keith Murdock, and acknowledges the good fortune of the
county to have such outstanding young men as its citizens.
000:1.96
.~
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CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Page 1 of 1
Meeting Date: November 14,2007
Item Number:
15.A.
Subiect:
Public Hearing to Consider Proposed Amendments to County Code Sections 19-
65 and 19-124 Relating to the Operation of Motorcyclest ATVs and Go-Carts
on Agricultural and Residential Property
County Administrator's Comments:
County Administrator:~
Board Action Reauested:
The Board is requested to consider the proposed amendments to County Code SS
19-65 and 19-124.
Summary of Information:
On September 18, 2007, the Planning Commission recommended approval of the
attached amendments with modifications. The word "improved" was added in
front of "pathtl in 19-65 (g) (1) and 19-124 (f) (1) .
In the past year, several situations have occurred where county citizens have
made improvements to their residential or agriculturally zoned property to
create tracks for the operation of motorcycles, go-carts or all-terrain
vehicles. The use of these tracks has created detrimental conditions for
neighbors with respect to the increased noiset light and dust that they
generate.
The proposed amendments to the zoning code permit the operation of
motorcycles, go-carts or ATVs on propertYt but prohibit the creation of a
track or path for the vehicles and prohibit physical improvements such as
lights, grading or pavement.
County planning staff has sought to balance the rights of individuals to
enjoy recreational activities on their property against the rights of
neighboring property owners to be able to enjoy their own property without
excessive noiset lights or dust. If this ordinance is adopted it will only
apply to tracks created after the effective date of the ordinance.
Preparer:
Kirkland A. Turner
Title: Director of PlanninQ
2723:75869.1 (75569.1)
Attachments:
II Yes
DNO
I #0001.97
AN ORDINANCE TO AMEND THE CODE OF THE COUNTY
OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING
AND RE-ENACTING SECTIONS 19-65 AND 19-124 RELATING
TO USES PERMITTED WITH CERTAIN RESTRICTIONS IN
RESIDENTIAL AND AGRICULTURAL DISTRICTS
BE IT ORDAINED by the Board of Supervisors of Chesterfield County:
(1) That Sections 19-65 and 19-124 of the Code of the County of Chesterfield, 1997, as
amended, are amended and re-enacted to read as follows:
Sec. 19-65. Uses permitted with certain restrictions.
The following uses shall be permitted in the R-88 District subject to compliance with the
following conditions and other applicable standards of this chapter. If these restrictions cannot be
met, these uses may be allowed by conditional use, subject to section 19-13:
(a) Model homes, provided that:
(1) In addition to its permanent use as a dwelling, such home may be used as a
temporary real estate office.
(2) The temporary real estate office is only used to market the development in which
the dwelling is located and is not used for the sale of lots or houses outside of the
platted subdivision in which it is located.
(3) The temporary real estate office is incidental to construction activity taking place
in the development.
(4) The dwelling is not the primary real estate office for the company marketing the
subdivision.
(5) The dwelling is not used as a construction office or for the storage of construction
equipment and/or materials.
(b) Family day-care homes, provided that no more than five children exclusive of the
provider's own children and any children who reside in the home receive care at anyone time
during a 24-hour day.
(c ) Yard sales, provided that the sale:
(1) Is accessory to a principal use on the same property.
(2) Does not exceed two days in duration.
(3) Is conducted by the owner or lessee of the property on which it occurs and
includes only personal property owned by the seller and usual to a household.
(4) Does not occur on the same property more than four times in anyone calendar
year and not more than twice within a 3D-day period.
(d) Communications towers, provided that:
(1) Antennae are co-located on electric transmission structures.
2723 :75569.1
Revised 07/12/07 @ 12:58 p.m.
000j.98
(2) Antennae are a flush-mount design and do not exceed a height of 20 feet above
the height of the electric transmission structure and such height does not exceed
the limitations of sections 19-507 and 19-507.2.
(3) Antennae shall be gray or another neutral color acceptable to the planning
department.
(4) Any building or mechanical equipment shall comply with Emerging Growth Area
Development Standards relative to architectural treatment and screening of
mechanical equipment.
(5) At such time as the antennae ceases to be used for communications purposes for a
period exceeding 12 consecutive months, such antennae shall be dismantled and it
and all associated equipment removed from the property.
( e) Home occupation, provided that:
(1) No employees shall be permitted to work on the premises other than family
member employees that live on the premises,
(2) The use is within a dwelling, accessory structure or both provided that the total
area for the use does not exceed 25 percent of the floor of the dwelling or 250
square feet, whichever is greater,
(3) The use is clearly incidental and secondary to the use of the property for dwelling
purposes and no external alterations, which would cause the premises to differ
from its residential character by the use of colors, materials, lighting, or
construction, are permitted,
(4) No commodity is stored or sold on the premises except for light inventory,
( 5) No more' than one vehicle and one single axle trailer not exceeding 13 feet in
length and 3,200 pounds used in conjunction with the home occupation may be
parked on the premises. No equipment shall be stored outside the dwelling or
accessory structure that would indicate that a business is being conducted on site
except for equipment stored on the vehicle or trailer used in conjunction with the
business. The vehicle and equipment for a home occupation shall be parked on the
premises where the home occupation is conducted, but a trailer must be parked,
except for loading or unloading, either in the rear yard or so that its view is
screened from adjacent properties or public roads, and
(6) No assembly or group instruction shall be permitted with a home occupation.
Individual instruction on a one to one basis is permitted. Only two clients may be
on the property at anyone time.
(f) Parking and storage of any commercial truck, commercial vehicle or public
service vehicle provided that no such vehicle shall exceed 10,000 pounds, have more than two
axles, or be a commercial vehicle which tows or hauls disabled, wrecked or junked vehicles. The
restrictions in this subsection shall not apply to (i) trucks or vehicles on the premises while
loading or unloading; or (ii) trucks or vehicles parked on a farm where the parking is incidental
to the farming use being conducted on the property.
2723 :75569.1
Revised 07/12/07 @ 12:58 p.m.
2
000:1.99
(g)
as follows:
Motorcvcle'l go-cart'l all-terrain vehicle or similar type vehicle operation~ provided
ill
the operation of the vehicle is not on an improved track or improved path~ and
ill
no physical improvements are provided related to the operation of the vehicle
including lights'l pavement'l grading~ grandstand or other improvements.
000
Sec. 19-124. Uses permitted with certain restrictions.
The following uses shall be permitted in the A District subject to compliance with the
following conditions and other applicable standards of this chapter. If the following restrictions
cannot be met, these uses may be allowed by conditional use, subject to section 19-13:
(a) Access to any land located in an office, business or industrial district or used for
an office, business or industrial purpose, provided that the property is designated for office,
business or industrial use on the comprehensive plan.
(b) Family day-care homes provided that no more than five children exclusive of the
provider's own children and children who reside in the home receive care at anyone time during
a 24-hour day.
(c) Stock or dairy farms, including all buildings and structures necessary to such use
and the keeping, storage or operation of any vehicle or machinery necessary to such use,
provided that the lot or parcel has at least three acres.
(d) Communications towers, provided that:
(1) Antennae are co-located on electric transmission structures.
(2) Antennae are a flush-mount design and do not exceed a height of 20 feet above
the height of the electric transmission structure and such height does not exceed
the limitations of sections 19-507 and 19-507.2.
(3) Antennae shall be gray or another neutral color acceptable to the planning
department.
(4) Any building or mechanical equipment shall comply with Emerging Growth Area
Development Standards relative to architectural treatment and screening of
mechanical equipment.
(5) At such time as the antennae ceases to be used for communications purposes for a
period exceeding 12 consecutive months, such antennae shall be dismantled and it
and all associated equipment removed from the property.
(e) Home occupation, provided that:
(1) No employees shall be permitted to work on the premises other than family
member employees that live on the premises,
2723 :75569.1
Revised 07/12/07 @ 12:58 p.m.
3
000200
(2)
(3)
(4)
(5)
(6)
ill
as follows:
ill
ill
The use is within a dwelling, accessory structure or both provided that the total
area for the use does not exceed 25 percent of the floor of the dwelling or 250
square feet, whichever is greater,
The use is clearly incidental and secondary to the use of the property for dwelling
purposes and no external alterations, which would cause the premises to differ
from its residential character by the use of colors, materials, lighting, or
construction, are permitted,
No commodity is stored or sold on the premises except for light inventory,
No more than one vehicle and one single axle trailer not. exceeding 13 feet in
length and 3,200 pounds used in conjunction with the home occupation may be
parked on the premises. No equipment shall be stored outside the dwelling or
accessory structure that would indicate that a business is being conducted on site
except for equipment stored on the vehicle or trailer used in conjunction with the
business. The vehicle and equipment for a home occupation shall be parked on the
premises where the home occupation is conducted, but a trailer must be parked,
except for loading or unloading, either in the rear yard or so that its view is
screened from adjacent properties or public roads, and
No assembly or group instruction shall be permitted with.a home occupation.
Individual instruction on a one to one basis is permitted. Only two clients may be
on the property at anyone time.
Motorcycle., go-cart., all-terrain vehicle or similar type vehicle operation., provided
the operation of the vehicle is not on an improved track or improved path located
within 1000 feet of residentially zoned property~ and
no physical improvements are provided related to the operation of the vehicle
including lights., pavement., grading~ grandstand or other improvements.
(2) That this ordinance shall become effective immediately upon adoption.
2723 :75569.1
Revised 07/12/07 @ 12:58 p.m.
4
00020:1
Ills
Your Community Newspaper Since 1995
P.O. Box 1616, Midlothian, Virginia 23113. Phone: (804) 545-7500. Fax: (804) 744-3269 . Email: news@chesterficidobscrver.com . Internet: www.chcstcrficidobserver.com
Client
Chesterfield County
Board of Supervisors
PUBLIC NOTICE
Take notice that the Board of Supervisors of
Chesterfield County, Virginia, at a regular
scheduled meeting on November 14. 2007,
at 6:30 p.m. in the County Public Meeting
Room at the Chesterfield Administration
Building, Rt. 10 and Lori Road, Chesterfield,
Virginia, will hold a public hearing where
persons affected may appear and present
their views to consider:
An Ordinance to amend the ~
the County of Chest~.field. 1997, as
amended, by amending and re-enacting
Section s 19-65 and 19-124 relating to
Uses Permitted with Certain Restrictions
in Residential and Agricultural Districts.
The proposed amendment would 1) permit
the operation of motorcycles, go-carts or
all-terrain vehicles on agriculturally and
residentially zoned property; 2) prohibit
the creation of an improved track or path
for the vehicles on residentially zoned
property; 3) restrict improved tracks and
improved paths on agriculturally zoned
property to no closer .than 1,000 feet to
residentially zoned property; 4) prohibit
physical improvements such as lights,
grading pavement and grandstands for
the operation of motorcycles. go-carts or
all-terrain vehicles on agriculturally or
residentially zoned property. After the
public hearing, appropriate changes or
corrections may be made to the proposed
amendments.
ADVERTISING AFFIDAVIT
Description
Ad Size
Cost (per issue)
Motorcyc1es- A TV s
1 col x 7"
$226.90
The Observer, Inc.
Publisher of
CHESTERFIELD OBSERVER
This is to certify that the attached legal notice was published by
Chesterfield Observer in the county of Chesterfield, state of Virginia, on
the following date(s): 10/31/2007 & 11/07/2007
Sworn to and subscribed before me this
,+h
day of
Nove'f"Yt:rr
,2007.
W2~ )
Legal Affiant JOa~liC
My commission expires: November 30,2010
Commission LD. 7040138
*
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CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Page 1 of 3
Meeting Date: November 14,2007
Item Number:
15.8.
Subiect:
Public Hearing on Proposed Adjustments to Planning Department Subdivision
Review Fees
County Administrator's Comments:
County Administrator:~
Board Action Reauested:
Adopt adjustments to Planning Department subdivision review fees. Staff
recommends a fee adjustment that would bring subdivision fee revenues to the
County's 80 percent cost "coverage" target. At their August 21, 2007 public
hearing, the Chesterfield County Planning Commission recommended that the
Board of Supervisors adopt subdivision fee adjustments that would generate
fee revenues that would cover about 63 percent of projected subdivision
review costs.
Summary of Information:
Each year, as part of the County's annual budget process, Planning Department
staff reviews and makes recommendations to the County Administrator on
potential adjustments to Planning Department fees. Since 2002, it has been
County policy that fee revenues received through the Planning Department
review of residential rezoning and subdivision development proposals should
equal at least 80 percent of the Planning Department's cost to undertake
those reviews. Staff projects that for FY 2007-08, without adjustments, the
amount of revenue received for subdivision review will be about 45 percent of
Pre parer:
Kirkland A. Turner
Title: Director of Plannino
Attachments:
. Yes
DNO
# 000202
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Page 2 of 3
Summary of Information: (continued)
projected subdivision review costs. In the spring of 2007, the County
Administrator requested that the Planning Commission review and make
recommendations to the Board of Supervisors on potential subdivision fee
adjustments. The Commission, as it has done with past fee adjustment
proposals, established a committee (Dan Gecker, Scott Camp, Dick Collier,
Andy Scherzer, Tyler Craddock and Bob Schrum) to assist in their review.
On July 10, 2007, staff met with the Subdivision Review Committee, and
reviewed a series of proposed subdivision fee adjustments that, based on FY
2007-08 subdivision application projections, would bring fee revenues to the
County's 80 percent cost "coverage" target for the remainder of FY 2007-08.
The Committee suggested to staff an alternative fee proposal that would only
cover the increased cost of the two new subdivision review positions approved
as part of the County's FY 2007-08 budget. Staff projects that this
alternative would generate fee revenues that would cover about 63 percent of
projected subdivision review costs for the remainder of FY 2007-08.
At their August 21, 2007 public hearing, the Chesterfield County Planning
Commission recommended that the Board of Supervisors adopt Planning
Department subdivision fee adjustments as suggested by the Subdivision Fee
Committee.
Both the staff fee adjustment proposal and the proposal recommended by the
Planning Commission are outlined in Attachment A. Attachment B is the
proposed ordinance amendment as advertised for the Planning Commission's
August 21, 2007 public hearing.
000203
..~
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CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Page 3 of 3
Meeting Date: November 14,2007
Budaet and Manaaement Comments:
This agenda item requests that the Board hold a public hearing to consider
proposed adjustments to Planning Department subdivision review fees.
It is estimated that the Planning Department/s current fee structure recovers
45% of the costs associated with the subdivision review process. This
estimate includes the costs associated with two new Planning Department
positions approved by the Board with the adoption of the FY2008 Budget.
These positions are currently vacant. A decision on whether or not to fill
these two positions will be made after the Board's decision on subdivision
review fees.
The Subdivision Fee Committee proposal recommended by the Planning Commission
would generate an estimated $100,000 in additional subdivision fee revenue on
an annual basis. The additional revenue would cover the costs associated
with the two new Planning Department positions approved in the FY2008 budget.
The fee changes in the committee 1 s proposal would enable the Planning
Department to recoup approximately 63% of the total costs associated with
subdivision review.
Planning Department staff 1 s subdivision fee proposal would generate an
estimated $190/000 in additional subdivision fee revenue on an annual basis.
Planning staff/s proposal would enable the department to recoup approximately
80% of the total costs associated with subdivision review.
Pre parer:
Allan M. Carmody
Title: Director. Budaet and Manaaement
000204
Attachment A
Planning Dept. Fees
Current Fee*
Adjustment As
Recommended
By Staff
Adjustment As
Recommended
By Fee
Committee and
the Planning
Commission
Subdivision - Tentative subdivision approval
1. Original submittal, including up to two resubmittals $ 330 $ 800 $ 500
a. Plus, per lot $ 20 $ 30 $ 25
2. Renewal of previously approved tentative, $ 330 $ 800 $ 500
including up to 2 resubmittals
a. Plus, per lot $ 20 $ 30 $ 25
3. Third and subsequent submittal $ 220 $ 700 $ 300
4. Substitute to approved tentative, per submittal $ 60 $ 100 $ 80
5. Adjusted tentative for previously approved
tentative, including up to 2 resubmittals $ 330 $ 800 $ 500
a. Plus, per lot (within 12 months of approval) $ 20 $ 30 $ 25
b. Third and subsequent, per submittal $ 220 $ 700 $ 300
Subdivision - Final check, amended and
resubdivision plat review
1. Final check subdivision plat $ 720 $ 1 ,100 $ 1,000
a. Plus, per lot $ 10 $ 20 $ 15
2. Final check resubdivision plat $ 560 $ 900 $ 900
a. Plus, per lot $ 10 $ 20 $ 15
3. Final check amended plat $ 330 $ 900 $ 500
a. Plus, per lot $ 10 $ 20 $ 15
4. Residential parcel subdivision (per parcel) $ 35 $ 60 $ 50
5. Parcel line modification (per parcel) $ 25 $ 50 $ 30
6. Appeal administrative subdivision decision $ 290 $ 400 $ 400
7. Minor subdivision $ 330 $ 400 $ 400
8. Onsite sewage disposal system soils analysis $ 155 $ 155 $ 155
review (per lot/parcel)
9. Recordation Plat - Per sheet $ 20 $ 20 $ 20
10. Electronic format transfer $ 75 $ 80 $ 80
11. Alternatives to chapter per section 17-8 $ 380 $ 700 $ 600
*As of September 2007
000205
Attachment B
AN ORDINANCE TO AMEND THE CODE OF THE COUNTY
OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING
AND RE-ENACTING SECTION 17-11 OF THE SUBDIVISION
ORDINANCE RELATING TO FEES
BE IT ORDAINED by the Board of Supervisors of Chesterfield County:
(1) That Section 17-11 of the Code of the County of Chesterfield. 1997, as amended, is
amended and re-enacted to read aslollows:
Sec. 17-11. Fees.
In addition to any other fees required by the county, fees shall be payable to the county
treasurer and submitted to the planning department upon filing the following applications:
(a) Alternatives to chapter per S 17-8 . . . $ 380.00 700.00
Plus any.applicable plat review fee
(b) Appeal of decision of director of planning. . . 290.00 400.00
(c) Deferral request by applicant for planning commission consideration of plat, per
request:
(1) 40 or fewer days. . . 250.00
(2) More than 40 days. . . 150.00
(d) Final check, amended and resubdivision plat review:
(1) Final check subdivision plat review. . . 720.00 $1~100.00
(Only one base fee will be required for final check plats required to be
submitted in multiple sections per S 17-42.)
Plus, per lot. . . +G-:OO $20.00
(2) Final check resubdivision plat review. . . 560.00 $900.00
Plus, per lot. . . ~$20.00
(3) Final check amended plat review. . . 330.00 $900.00
Plus, per lot. . . ~$20.00
(e) Minor subdivision plat review. . . 330.00 $400.00
1925 :75983.1
000206
Attachment B
(f) Onsite sewage disposal system soils analysis review, per lot/parcel. . . 155.00
(g) Parcel line modification review, per parcel. . . ~ $50.00
(h) Residential parcel subdivision, per parcel. . . ~$60.00
(i) Tentative subdivision approval, or resubmittal of an expired previously approved
tentative:
(1) Original submittal, renewal of previously approved tentative plat or
adjusted tentative plat for previously approved tentative plat, including up
to two resubmittals . . . 330.00 $800.00
Plus, per lot. . . ~ $30.00
(2) Third and subsequent submittal, per submittal. . . 220.00 $700.00
(3) Substitute to approved tentative, per submittal. . . ~ $100.00
(j) Townhouse plan transfer to electronic format per ~ 17-32(d) . . . ~ $80.00
(k) Written verification of subdivision or written subdivision interpretation. . . 75.00
(2) That this ordinance shall become effective immediately upon adoption.
1925:75983.1
000207
--
Your Community Newspaper Since 1995
P.O. Box 1616, Midlothilln, Virgin ill 231 13 . Phone: (804) 545-7500 . Fax: (804) 744-3269 . Email: news@chesterfieJdobscrver.com . Internet: www.chcsterficldobscrvcr.mm
ADVERTISING AFFIDAVIT
Client
Chesterfield County
Board of Supervisors
TAKE NOTICE
Take notice that the Board of Supervisors of
Chesterfield County, Virginia, at a regular
scheduled meeting on November 14, 2007,
at 6:30 p.m. in the County Pub.lic Meeting
Room at the Chesterfield Administration
Building, Rt. 10 and Lori Road, Chesterfield,
Virginia, will hold a public hearing where
persons affected may appear and present
their views to consider:
An Ordinance to amend the Code of the
County of Chesterfield, 1997, as amended,
by amending and re-enacting Section 17-
11 of the subdivision ordinance relating
to subdivision fees. The legal authority
for enactment of these fees, levies and
increases includes the County Charter and
Va. Code ~15.2-2241(9). No other new
or increased fees are proposed with .this
ordinance amendment. In addition to any
other fees required by the County under
other ordinances, the proposed ordinance
would increase current subdivision fees as
set forth below.
(a) Alternatives to chapter per H 7-
8 would increase from $380.00 to $700.00,
plus any applicable plat review fee.
(b) Appeal of decision of director
of planning would increase from $290.00
to $400.00.
(c) Deferral request by app.licant
for planning commission consideration of
plat would remain the same, per request, at:
(1) 40 or fewer days: $250; (2) More than 40
_<l~Ys: $150.
0.,,'00-<:.1(. J}-
Description
Ad Size
Cost (per issue)
Planning Fee
1 col x 11"
$453.75
The Observer, Inc.
Publisher of
CHESTERFIELD OBSERVER
This is to certify that the attached legal notice was published by
Chesterfield Observer in the county of Chesterfield, state of Virginia, on
the following date(s): 10/31/2007 & 11/07/2007
Sworn to and subscribed before me this
l+h
day of
Nov:mt:Py ,2007.
tJd~
Legal Affiant J oa
My commission expires: November 30,2010
Commission J.D. 7040138
(SEbL)
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THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU.
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~~
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Page 1 of 1
Meeting Date: November 14,2007
Item Number: 15.C.
Subiect:
PUBLIC HEARING: To Solicit Comment on Illegal Immigration in Chesterfield
County
County Administrator's Comments:
County Administrator:
)6
o
Board Action Reauested:
The Board is requested to hold a public hearing to solicit public comment on
the recommendations contained in the Illegal Immigration Report.
Additionally, the public is encouraged to articulate other potential options
and opinions with respect to illegal immigration in the county.
Summary of Information:
On August 16, 2007 the Board was sent a report with staff's estimation of the
local cost of providing services to illegal immigrants. The report included
staff recommendations for County actions that could be implemented under
existing County authority. On September 26th the Board held a work session to
review the report, and identified other potential options to pursue.
The Board is requested to hold a public hearing to solicit comments on the
findings and recommendations outlined in the Illegal Immigration Report as
well as general community comments regarding illegal immigration within the
county. The presentation made to the Board on September 26, 2007 is attached
for your reference.
Preparer: Rebecca T. Dickson
Title: Deputv County Administrator
Attachments:
. Yes
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Your Community Newspaper Since 1995
P.O. Box 1616. Midlothian, Virginia 23113. Phone: (804) 545-7500. Fax: (804) 744-3269' Email: news@chcsrcrficldobserver.com . Internet: www.chesrerficldobserver.com
Client
Chesterfield County
Board of Supervisors
ADVERTISING AFFIDAVIT
Description
Ad Size
Cost (per issue)
Illegal Immigration
1 col x 3"
$100.00
PUBLIC NOTICE
Take notice that the Board of Supervisors
of Chesterfield County, VIrginia, at a
regular scheduled meeting on November
14, 2007, at 6:30 p.m. in the County
Public Meeting Room at the Chesterfield
Administration Building, Rt. 10 and Lori
Road, Chesterfield, Virginia, will hold a
public hearing where persons may appear
and present their concerns with respect to
illegal immigration in Chesterfield County.
If further information is needed, please
contact Ms. Rebecca Dickson, Deputy
County Administrator for Human Services
at 748-1350 between the hours of 8:30 a.m.
and 5:00 p.m.
The hearing is held at a public facility
designed to be accessible to persons with
disabilities. Any persons with questions
on the accessibility of the facility or need
for reasonable accommodations should
contact Tanke Blakley, Clerk to the Board,
at 748-1200. Persons needing interpreter
services for the deaf must notify the
Clerk to the Board no later than Friday,
November 9, 2007.
The Observer, Inc.
Publisher of
CHESTERFIELD OBSERVER
This is to certify that the attached legal notice was published by
Chesterfield Observer in the county of Chesterfield, state of Virginia, on
the following date(s): 11/07/2007
Sworn to and subscribed before me this
,+h
day of
No.;e~ r ,2007.
~cflcJ!W;: JO~~C
My commission expires: November 30, 20 I 0
Commission J.D. 7040138
(S~~>
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Good Evening:
My name is Mary Lou Marple and I am an active member of St. Augustine
Church where I have ministered to and with my Latino brothers and sisters for
almost 8 years. I do not know whether they are documented or undocumented.
I-d(}rno~"&pe:a~S)3anisft;
I am here today to ask you, as servants of this county, to approach the subject of
illegal immigrants using PEOPLE FIRST LANGUAGE. These immigrants are
human beings, children of God, the same as you and I. While I don't condone
breaking the law, I can acknowledge that extenuating circumstances bring these
immigrants to us; circumstances neither you nor I can understand because our
life experience is so radically different.
The guess-timated cost to the county compared to the overall budget is
negligible. And, no report has been made to compare the cost to the
contributiQtl~ made by these hardworking people.
According to Jeffrey Passel, a demographer at the Pew Hispanic Center, in
2005 unauthorized immigrants made up only ahout...4,:,9o/O'"eft~lab.Q,tl.f.Qrce..(in,,;,.
'""" I . \
111 I r.t.;~<, 1..,,,,
",t!t~~ about 7.2 million workers out of 148 million. However, in 2005,
legal and illegal immigrants accounted for 24% of farm workers, 17% of
cleaning workers and 14% of construction workers. Undocumented immigrants
are concentrated in strenuous or hazardous jobs: they made up more than J;4 of
roofers, insulation installers and meatpacking factory workers.
....~.. Wl1ois..preaki11g..the..la"\N''?
We all know this is not just a Chesterfield County issue. Thi.,s..is..a",lJ.fl'i~'
~f*meFiett tSStl0. We nnot adequately address the immigration issue on a
local level.
Our current immigration system is terribly broken. Comprehensive
immigration reform is long overdue. However, immigration reform should be
looked at in two parts; lrnrnlgt;at!Oningeneral and a~oJj~aplesQl~tl{)l1 for the
estimated 12 million undocumented immigrants who have become the
foundation of the service industry, agriculture and construction in this country;
possibly a guest worker visa where criteria can be developed giving these tried
and true workers an opportunity to become U.S. Citizens.
Chief of Police Depuis made it very clear at the September 26 Board of
Supervisors' meeting when Mr. Miller, Chair of the Board, asked "isn't there
any way we can be more aggressive against these illegalsT' ChiefDepuis said,
in part, "we can't arrest the problem away."
Mr. Miller, Members of the Board, Mr. Stegmayer, rtlyr~quest as a long-time
resident of Chesterfield County is that voting on your proposaLconceming
.'-......
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...
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""l'O!"_,~A,:.4
illegal i1ll111igl'a.ntsBeputonhold;please donotvote. Don't let your
frustration at the Federal government's inability to timely enact new legislation
for immigration reform take you away from the priorities you have set for
Chesterfield County. Let citizens like me, like us, who have done our
homework, be part of a new initiative. An initiative that enables board
members and residents to work together for change. Let,us.~naHgeo,,{mF'"
appreaGh'itf"assessing.the, impact of'undocumented-residents.,o.u,Ghestedield"''''l
; ..,.J,
['l'"; .,~~
~. Let us not be led by fear. Let~ formfif. Chesterfield County
~;i,,\;:J
Coalition for Change"'work with state and federal legislators toward a.~
solution to assure that comprehensive immigration reform becomes a reality.
Let us work together to create laws that honor and respect the human dignity of
each person.
Let us work together as one human family.
Thank you.
Mary Lou Marple
2823 Stanwix Lane
Richmond, VA 23234
804/275-8294
il~lW~~
Good Evening Mr. Chairman, Board of Supervisors, Mr. Stegemeyer.
My name is Katharine Anderson. I moved from Minnesota to
Chesterfield County in 1983. I am the Coordinator for Outreach,
Justice, and Peace at St. Augustine's Catholic Church. I have
spent the majority of my adult life and raised 4 daughters here in
Chesterfield. I know in the Old South that makes me a newcomer,
yet this county has become my home.
Let me start with saying I am not a proponent of breaking the law.
That said, I can and do recognize that for the most part, the Federal
Government has not done an adequate job enforcing current
immigration laws. After all these years of having failed to do so,
criminalizing undocumented individuals for breaking civil law
becomes a social justice issue. The remedy for breaking civil law
by undocumented presence in this country is deportation.
Arguably, most of us would agree that deporting 12 million plus
people is not a workable solution to the immigration issue.
Local dissatisfaction with Federal and State officials failure to enact
comprehensive immigration reforms must not lead Chesterfield
County to reacting from a place of fear and misinformation.
It is has become a commonly accepted misconception that "most"
immigrants are Hispanic and here illegally, they take jobs away
from Americans, they don't pay taxes, they don't want to learn
English, when in fact economic impact studies have found just the
opposite to be true.
On June 20th, the Council of Economics Advisors report to the
White House concluded that the overall economic impact of
immigration is likely to benefit the US. The report states immigrants
are a critical part of the US workforce and contribute to productivity,
growth, and technological advancement.
I am here this evening to ask this Board to delay any vote in
response to the report presented Sept 26th. Instead, I ask the
Board to explore comparing the guess-timated costs of illegal
immigrants, or better said, undocumented or unauthorized
immigrants to the contributions made, by these hard working,
struggling human beings. The fact that hard figures from all
Chesterfield County departments were not reported render the
costs quoted not particularly useful, even as estimates and the
savings are miniscule when compared to the overall county budget.
Local governments cannot solve this issue on their own, but local
governments can make proposals to the state legislature. You, the
County Board of Supervisors are the elected servant voice for all
county residents. Working together, we could become a catalyst
for change.
I suggest that now is a time when Chesterfield Country could
become a leader and an example to other localities struggling with
this complex issue as we work with state and federal legislators
toward forming new laws that create a solution that is
comprehensive, just, peace inducing, and respectful to the
humanity of all God's children.
Thank you.
St. -91ugustine Cat!io{u church
http://stallgustineparish.net J
Katharine ~nderson
Coordinator for OQtreach"d Justice & Peace
~;:
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EXECUTIVE OFFICE OF THE PRESIDENT
COUNCIL OF ECONOMIC ADVISERS
WASHINGTON, DC 20502
Immigration's Economic Impact
June 20, 2001
"Our review of economic research finds immigrants not only help fuel the Nation's economic
growth, but also have an overall positive effect on the income of native-born workers."
-Council of Economic Advisers Chairman Edward P. Lazear
Introduction
In 2006, foreign-born workers accounted for 15% of the D.S.labor force, and over the last
decade they have accounted for about half of the growth in the labor force. That immigration has
fueled U.S. macroeconomic growth is both uncontroversial and unsurprising - more total
workers yield more total output. That immigrant workers benefit from working in the United
States is also uncontroversial and unsurprising - few would come here otherwise. I
Assessing how immigration affects the well-being of U.S. natives is more complicated. This is
because immigration's economic impact is complex and may play out over generations, and
because not all natives are alike in terms of their economic characteristics. Even in retrospect it
is not easy to distinguish the influence of immigration from that of other economic forces at
work at the same time. Nor is it easy to project costs and benefits far into the future.
Nonetheless, economists and demographers have made headway on many of the measurement
problems. This white paper assesses immigration's economic impact based on the professional
literature and concludes that immigration has a positive effect on the American economy as a
whole and on the income of native-born American workers.
Key Findings
1. On average, US natives benefit from immigration. Immigrants tend to complement (not
substitute for) natives, raising natives' productivity and income.
2. Careful studies of the long-run fiscal effects of immigration conclude that it is likely to
have a modest, positive influence.
3. Skilled immigrants are likely to be especially beneficial to natives. In addition to
contributions to innovation, they have a significant positive fiscal impact.
t This document will use "immigrant" and "foreign born" interchangeably. The terms encompass both legal and
illegal migrants. Because it is difficult to determine the legal status of migrants in standard data sets, the economics
literature generally assesses all foreign-born workers together.
General Points
. Immigrants are a critical part of the U.S. workforce and contribute to productivity
growth and technological advancement. They make up 15% of all workers and even larger
shares of certain occupations such as construction, food services and health care.
Approximately 40% of Ph.D. scientists working in the United States were born abroad.
(Source: Bureau of Labor Statistics; American Community Survey)
. Many immigrants are entrepreneurs. The Kauffman Foundation's index of
entrepreneurial activity is nearly 40% higher for immigrants than for natives. (Source:
Kauffman Foundation)
. Immigrants and their children assimilate into U.S. culture. For example, although 72%
of first-generation Latino immigrants use Spanish as their predominant language. only 7% of
the second generation are Spanish-dominant. (Source: Pew Hispanic Center/Kaiser Family
Foundation)
. Immigrants have lower crime rates than natives. Among men aged 18 to 40, immigrants
are much less likely to be incarcerated than natives. (Source: Butcher and Piehl)
. Immigrants slightly improve the solvency of pay-as-you-go entitlement programs such
as Social Security and Medicare. The 2007 OASDI Trustees Report indicates that an
additional 100,000 net immigrants per year would increase the long-range actuarial balance
by about 0.07% of taxable payroll. (Source: Social Security Administration)
. The long-run impact of immigration on public budgets is likely to be positive.
Projections of future taxes and government spending are subject to uncertainty, but a careful
study published by the National Research Council estimated that immigrants and their
descendants would contribute about $80,000 more in taxes (in 1996 dollars) than they would
receive in public services. (Source: Smith and Edmonston)
...,
1. Evaluating the Effect of Immigration on the Income of Natives
Immigrants not only change the size of the labor force, they change the relative supplies of
factors such as unskilled labor, skilled labor, and capital in the economy. US natives tend to
benefit from immigration precisely because immigrants are not exactly like natives in terms of
their productive characteristics and factor endowments. For example, Chart 1 shows that in
contrast to their 15% share in the total labor force, foreign-born workers accounted for much
higher proportions of workers without high school degrees and of those with Ph.D. degrees
(especially for those working in scientific occupations). Differences between natives and
immigrants lead to production complementarities that benefit natives.
Example:
. The presence of unskilled foreign-born construction laborers allows skilled US
craftsmen and contractors to build more homes at lower cost than otherwise -
therefore the US natives' productivity and income rise.
. Thus, when immigrants are added to the US labor force, they increase the economy's
total output, which is split between immigrants (who receive wages) and natives (who
receive wages and also earn income from their ownership of physical and human
capital). Natives may also gain from having a wider variety of goods and services to
consume and from lower prices for the goods and services produced by industries
with high concentrations of foreign-born workers.
The "immigration surplus" is a simple and frequently cited metric of natives' total gains from
immigration. The surplus accrues to native factors of production that are complemented by
immigrant workers - that is, to factors whose productivity is enhanced by the presence of
immigrants. In a simple model withjust capital and labor (not differentiated by skill), similar in
structure to that presented in the National Research Council (NRC) analysis, one can estimate
this surplus as the area of a triangle defined by a downward sloping labor demand curve and the
shift in labor supply attributed to immigration. Using a standard estimate of labor demand
elasticity (0.3) and measures of the foreign-born share of the labor force, the current immigration
surplus is about 0.28% of GDP, or roughly $37 billion per year.2
Although the simplicity of the "immigration surplus" approach is attractive, the implicit
assumptions are numerous, and it is well-understood by economists that this is not a full
reckoning of immigration's influence on the economy. For example, the approach does not
differentiate between different kinds of workers (by skill, experience or nativity) and does not
allow for an endogenous and positive capital market response to the change in labor supply.
Because immigration changes the mix of factors in the economy, it may influence the pattern of
factor prices, which in turn may induce endogenous changes in other factor supplies. Moreover,
2 Arithmetically, as a share of GDP the surplus is approximated by one-half times labor's share of income times the
proportional increase in employment times the estimated wage adjustment to a supply shift of that size. Varying the
assumed elasticity of labor demand changes the estimated surplus proportionally. An elasticity of 0.1 yields a
surplus estimate of $12 billion, whereas an elasticity of 0.5 yields surplus estimate of $62 billion. The approach is
discussed at some length in chapter 4 of]. Smith and B. Edmonston (eds.), The New Americans: Economic,
Demographic, and Fiscal Effects of Immigration. Washington DC: National Research Council, National Academy
Press, 1997. The NRC's rough immigration surplus estimate was $14 billion in 1996. The larger 2006 figure here is
due to a larger economy, inflation to 2006 dollars, and growth in the immigrant share of the workforce.
implicit in the surplus calculation is an assumed negative effect on average wages for natives -
an effect that is difficult to detect in empirical studies of the U.S. wage structure.3
A more complex approach to measuring the influence of immigration on natives' income
differentiates workers by skill, nativity, and experience and also allows for a capital
accumulation response to changes in the supply of labor. In this scenario complementarities
from immigrant workers are allowed to accrue to native workers. A recent paper by Ottaviano
and Peri (2006) takes such an approach to measuring the wage effects of immigration and
concludes that immigration since 1990 has boosted the average wage of natives by between 0.7%
and 1.8% depending on the assessment's timeframe - the effect is more positive when the capital
stock has had time to adjust. 4 Fully 90% of US native-born workers are estimated to have gained
from immigration. Multiplying the average percentage gains by the total wages of US natives
suggests that annual wage gains from immigration are between $30 billion and $80 billion.5
In both approaches described above, natives benefit from immigration because the
complementarities associated with immigrants outweigh any losses from added labor market
competition. Rather than focusing on average effects, special attention could be paid to the well-
being of the least-skilled natives. The number of natives with less than a high school degree has
declined over time, which is one reason less-skilled immigrants have been drawn into the US
labor force to fill relatively low-paying jobs. Even so, based on Chart 1, one might expect the
remaining least-skilled natives to face labor market competition from immigrants.6 Evidence on
this issue is mixed. Studies often find small negative effects of immigration on the wages of
low-skilled natives, and even the comparatively large estimate reported in Borjas (2003) is under
10% for immigration over a 20 year period.7 The difficulties faced by high school dropouts are a
serious policy concern, but it is safe to conclude that immigration is not a central cause of those
difficulties, nor is reducing immigration a well-targeted way to help these low-wage natives.
. Conclusion: Immigrants increase the economy's total output, and natives share in part of
that increase because of complementarities in production. Different approaches to
estimating natives' total income gains from immigration yield figures over $30 billion per
year. Sharply reducing immigration would be a poorly-targeted and inefficient way to
assist low-wage Americans.
:! See, for instance, D. Card, "Is the New Immigration Really So Bad?" NBER Working Paper 11547 (2005) or R.
Friedberg and]. Hunt. "The Impact of Immigration on Host Country Wages, Employment and Growth," Journal of
Economic Perspectives 9 (1995): 23-44.
4 The 1.8% figure is based on Ottaviano and Peri's "median" value for the elasticity of substitution between native
and foreign-born workers within education-experience groups (6.6). Varying the parameter from 5 to 10 yields
long-run average wage gains ranging from 2.3% to 1.2%. See G. Ottaviano and G. Peri, "Rethinking the Effects of
Immigration on Wages," NBER Working Paper 12497 (2006).
~ Total wages earned by US natives were calculated using the 2005 American Community Survey.
6 Note that even within categories defined by education and experience levels, natives may have language skills and
local knowledge that substantially differentiate them from immigrants.
7 G. Borjas, "The Labor Demand Curve Is Downward Sloping: Reexamining the Impact of Immigration on the
Labor Market." Quarterly Journal of Economics 118 (2003): 1335-1374. The figure cited in the text appears on p.
1369. G. Ottaviano and G. Peri (2006), using an approach that builds directly on BOIjas (2003), estimate a negative
effect of only 1 % to 2% for the least-skilled natives. A key methodological difference is that Ottaviano and Peri
allow for imperfect substitution between immigrants and natives within education-experience cells. Card (2005)
also questions whether immigrants substantially lower the wages of unskilled natives.
A
2. Evaluating the Fiscal Benefits and Costs
To assess the fiscal implications of immigration, it is important to take a long-term view of the
process and its interaction with projected demographic and economic trends. The National
Research Council (NRC) published a landmark study of immigration in 1997, including an
assessment of the overall fiscal impact (incorporating taxes and benefits at all levels of
government).8 Although 10 years have passed since its publication, the volume's basic
methodological lessons and empirical results are worth repeating.9
One key point is that "snapshot" views of immigration's fiscal impact, particularly when based
on analysis of households headed by immigrants, are insufficient and potentially misleading
guides to immigration's long-run fiscal impact.1O Instead, "Only a forward-looking projection of
taxes and government spending can offer an accurate picture of the long-run fiscal consequences
of admitting new immigrants" (Smith and Edmonston 1997, p. 10). This approach captures the
full costs and benefits of the children of immigrants. Of course, such projections must rely on
assumptions about the future path of taxes and government spending as well as economic and
demographic trends. From this long-run point of view, the NRC study estimated that immigrants
(including their descendants) would have a positive fiscal impact - a present discounted value of
$80,000 per immigrant on average in their baseline model (in 1996 dollars) .11 The surplus is
larger for high-skilled immigrants ($198,000) and slightly negative for those with less than a
high school degree (-$13,000). It is worth noting that the NRC's estimated fiscal cost from less-
skilled workers is far smaller than some commentators have recently suggested based on less
satisfactory methods.
The long-term fiscal approach imparts four main lessons: 1) although subject to uncertainty, it
appears that immigration has a slightly positive long-run fiscal impact; 2) skilled immigrants
have a more positive impact than others; 3) the positive fiscal impact tends to accrue at the
federal level, but net costs tend to be concentrated at the state and local level; and 4) the overall
fiscal effect of immigration is not large relative to the volume of total tax revenues - immigration
is unlikely to cure or cause significant fiscal imbalances.
. Conclusion: Although subject to the uncertainties inherent to long-run projections,
careful forward-looking estimates of immigration's fiscal effects, accounting for all
levels of government spending and tax revenue, suggest a modest positive influence on
average. The fiscal impact of skilled immigrants is more strongly positive.
8 J. Smith and B. Edmonston (eds.), The New Americans: Economic, Demographic, and Fiscal Effects of
Immigration, Washington DC: National Research Council, National Academy Press. 1997.
9 For a more recent but parallel investigation, see R. Lee and T. Miller, "Immigration, Social Security, and Broader
Fiscal Impacts," American Economic Review 90, 2 (May 2000): 350-354.
1O For example, see R. Rector and C. Kim, "The Fiscal Cost of Low-Skill Immigrants to the U.S. Taxpayer."
Washington, DC: Heritage Foundation, 2007.
II The NRC volume estimated that the limitations on public benefits in the 1996 Personal Responsibility and Work
Opportunity Reconciliation Act would raise the fiscal impact by an additional $8,000 on average. The NRC
baseline model assumed that the debt-COP ratio would be stabilized after 20 years by a 50-50 combination off aIling
government spending and rising taxes. The report discusses alternative scenarios and concludes that the basic
results are not strongly affected by the assumed mix of adjustment of benefits versus taxes (Smith and Edmonston
1997, p. 338).
5
3. Immigrants in the U.S. Labor Force
From the perspective of workers in many countries today, the potential income gains from
migration are large. For example, Hanson (2006) measured average wages for Mexican-born
men who had recently moved to the United States and compared them to the wages of similar
men who were still working in Mexico.12 The real wage ratios (that is, wages adjusted for
international differences in prices) ranged from about 6-to-1 to 2-to-1 in favor of the U.s.-based
workers, depending on the age and education group. Facing such large international wage
differences, a worker might hope to move to the U.S. permanently or with the expectation of
returning home after accumulating some savings. In this scenario the opportunity to work
abroad temporarily can help finance large purchases or investments (like a house, car. or new
business) in home countries where credit markets are underdeveloped and where wealth
accumulation is difficult due to low wages. Migration might also allow households to expand
and diversify their income sources. thereby serving as a lifeline to a higher and more stable
income level for family members who remain based in a less-developed economy. In short, the
economic gains to immigrants and their families are typically quite large.
These immigrants, like those in the past, work hard to improve their lot and that of their children.
Their labor force participation rate, reflecting their concentration in prime working ages, is
somewhat higher than that of natives (69% versus 66% in 2006), and conditional on being in the
labor force their unemployment rate is somewhat lower than that of natives (4.0% versus 4.1% in
2006) .13 Although their average income level is lower than natives', Table 1 shows that they do
fairly well in comparison with natives who have similar levels of education. Immigrants have
low rates of incarceration compared to natives.14 And they are more likely to engage in
entrepreneurial activity.ls Children of Latino immigrants overwhelmingly learn English.16
Finally, relative to natives, the children of low-education immigrants narrow much of the
educational and income gap that their parents faced.17
. Conclusion: As in the past, immigrants evince a strong work ethic, and the children of
immigrants tend to assimilate in terms of language acquisition and educational
attainment.
12 G. Hanson. "Illegal Migration from Mexico to the United States," Journal of Eeo/Jomie Literature, 44 (2006):
869-924.
I:J http://www.bls.gov/news.release/pdf/forbrn.pdf.
14 See Anne Morrison Piehl's testimony before the U.S. House of Representatives Committee on the Judiciary,
Subcommittee on Immigration, Citizenship, Refugees, Border Security, and International Law (May 17, 2007).
available at http:/(judiciary.house.gov/media/pdfs/PiehI070517.pdf. Piehl, an economist at Rutgers University,
testified that " . . . there is no empirical evidence that immigrants pose a particular crime threat. In contrast, the
evidence points to immigrants having lower involvement in crime than natives. The direct evidence on crime rates
shows that localities that receive large numbers of immigrants do not experience increases in relative crime rates."
15 See the Kauffman Foundation's index of entrepreneurial activity (available at www.kauffman.org).
16 See the Pew Hispanic Center/Kaiser Family Foundation 2002 National Survey of Latinos, summary results are
available at: http://pewhispanic.org/files/execsum/15.pdf.
17 See D. Card. "Is the New Immigration Really So Bad?" NBER Working Paper 11547 (2005). Also See D. Card.
]. DiNardo. and E. Estes. "The More Things Change: Immigrants and the Children of Immigrants in the 1940s.
1970s. and the 1990s." in G. Bmjas (ed.). Issues in the Economics of Immigration. Chicago: University of Chicago
Press. 2000.
6
Additional Reading
G. Borjas, Heaven's Door: ImJIligration Policy and the American Economy, Princeton: Princeton
University Press, 1999.
D. Card, "Is the New Immigration Really So Bad?" NBER Working Paper 11547 (2005).
IH.ll1.:1/www.nbel'.org/papers/1N1154 7.
D. Card, J. DiNardo, and E. Estes, "The More Things Change: Immigrants and the Children of
Immigrants in the 1940s, 1970s, and 1990s," NBER Working Paper 6519 (1998).
IHW:l/www.nbel'.org/papers/wG519.
Council of Economic Advisers, Economic Report of the President, Washington DC: United
States Government Printing Office, 2007. Chapter 9, "Immigration."
III IlljL~^!w\y~vh itehQuse .gOY I eeal eh9~rI]QLQdr.
Council of Economic Advisers, Economic Report of the President, Washington DC: United
States Government Printing Office, 2005. Chapter 4, "Immigration."
IHWj/V\~WIN .gpo(lccess.gov/eop/2005/2005 erpJldt.
G. Hanson, "Illegal Migration from Mexico to the United States," Journal of Economic
Literature, 44 (2006): 869-924.
iUI!~:Hl!:ushDllle.u esd. edu/f aeul ty / goh~U~olllJ1..:J~l{'_x i CClJLJ1m II igra t i () n 0306 lillI.
R. Lee and T. Miller, "Immigration, Social Security, and Broader Fiscal Impacts," American
Economic Review 90 (May 2000): 350-354.
III W:! I~yvw j~or .org/v i eIN /000282 82/a p000009/00illlQZmlLQ.
G. Ottaviano and G. Peri, "Rethinking the Effects of Immigration on Wages," NBER Working
Paper 12497 (2006). http://papers.nbel'.org/papers!wI249~~.
J. Passel, "The Size and Characteristics of the Unauthorized Migrant Population in the U.S.,"
Pew Hispanic Center, 2006. http://pewhispall ic.org/fi les/reports/f) l.pd r.
J. Smith and B. Edmonston (eds.), The New Americans: Economic, Demographic, and Fiscal
Effects of Immigration, Washington DC: National Research Council, National Academy Press,
1997.
7
Chart 1 Foreign-Born Proportion of U.S. Workers by Education Level, 2005
Foreign-bom workers are concentrated at the top and bottom of the education distribution relative to nalive-
bom workers.
Percent of employed workers
45
41%
40
35
30
25
20
15
10
5
o
Overall Less than H.S. grad! Some college BA degree Adv. degree Ph.D. Science
H.S. GEO Ph.D.
Note: The sample includes all employed persons overthe age of 15. 'Adv. Degree", ..Ph.D.... and "Science Ph.D."
are not mutually exclusive categories. The "Science Ph.D." group inCludes workers in computer. mathematical.
architectural. engineering, and life, physical and social science occupations.
Source: American Community Survey.
Table I.-Median Weekl
Educational Attainment, 2006
Native- Foreign- Foreign earnings
born born as % of native
earnin s earnin s earnin s
Educational Attainment
All
Less than a high school diploma
High school graduates, no college
Some coJJege, no degree
$575
396
50'/
61~~
77
86
84
87
Foreign-born
unemployment
rate
3.6
5.1
3.5
3.4
8
GOOD EVENING!
I AM~R MIKE ;C~~ASTOR OF ST AUGUSTINE
CATHOLIC CHURCH HERE IN CHESTERFIELD FOR THE
PAST 111/2 YEARS.
ST AUGUSTINE BEGAN ITS HISPANIC MINISTRY IN 1999.
ONE HALF OF OUR 1600 REGISTERED FAMILIES ARE
HISPANIC, THE MAJORITY OF THEM FROM
MEXICO AND EL SAL V ADOR. TONIGHT I WANT TO
THANK THE CHESTERFIELD COUNTY POLICE
AND HEALTH AND SOCIAL SERVICES
OF THE COUNTY FOR THE PROACTIVE AND
SUSTAINED EFFORTS THEY HA VEMADE TO BUILD
BRIDGES WITH THE HISPANIC COMMUNITY.
THROUGHOUT THE YEARS SINCE ,1999, COUNTY POLICE,
HEALTH AND SOCIAL SERVICE REPRESENTATIVES
HAVE FREQUENTLY BEEN AT ST AUGUSTINE'S
MEETING WITH HISPANIC LEADERS AND COMMUNITY
MEMBERS. PRIVATE SECTOR REPRESENTATIVES FROM
2
THE BANKING, HOUSING, FUNERAL INDUSTRIES, AND
MANY OTHERS, HAVE OFTEN BEEN PRESENT AS WELL.
ESL, VOTER REGISTRTATION, THE BON SECOURS
HEAL TH CAREV AN AND CLINICS .ARE REGULAR
STAPLES AT OUR PARISH.
I URGE YOU OUR COUNTY REPRESENTATIVES TO
CONTINUE TO FOSTER THIS COLLABORATION BETWEEN
OUR COUNTY AGENCIES, THE IMMIGRANT COMMUNITY
AND THE PRIVATE SECTOR-WHICH IS THE ESSENTIAL
SPADEWORK FOR THE INTEGRATION, ASSIMILATION
AND P A THW A Y TO CITIZENSHIP FOR THE IMMIGRANT
COMMUNITY. THE HIGHLY NEGATIVE ANTI-
IMMIGRANT ATTITUDES AND ACTIVITIES THAT HA VB
EMERGED
WITHIN SOME VIRGINIA LOCALITIES I HOPE WILL NOT
OCCUR HERE IN CHESTERFIELD-WHICH IS THE
REASON I SPEAK AGAINST TONIGHT'S PROPOSALS.
FRUSTRATION WITH THE FEDERAL GOVERNMENT'S
3
REFUSAL TO FIND A JUST
AND HUMANE SOLUTION TO THE IMMIGRATION ISSUE
MUST NOT BECOME JUSTIFICATION FOR FEAR-
DRIVEN AND UNJUST RECRIMINATONS AGAINST A
LARGE SEGMENT OF OUR POPULATION TRA TAT
HEART, AND STATISTICALLY, IS HARD WORKING,
PUTTING FOOD ON OUR TABLES, CONSTRUCTING OUR
HOMES AND OFFICES, MINDING OlJR CHILDREN,
MANICURING OUR LAWNS, GOING TO SCHOOL,
LEARNING ENGLISH, LAW ABIDING, CHURCH GOING,
AND TAX PAYING. OUR OWN COMMONWEALTH'S
TREATMENT OF THE ORIGINAL AND ONL Y LEGAL
VIRGINIANS (i.e., AMERICAN INDIANS), OF AFRICAN
SLAVES, AND THE NATION'S HARSH TREATMENT OF
MANY EUROPEAN JEWISH AND CATHOLIC IMMIGRANTS
IN THE EAST, AND MEXICAN, JAPANESE AND CHINESE
IMMIGRANTS IN THE WEST, ARE N"OT PROUD
4
MOMENTS OF AMERICAN HISTORY. THEY MUST NOT BE
REPEATED! IN CHURCH WE SAY "THEY MUST BE
REPENTED."
GOD USED MOSES OF OLD TO CHALLENGE THE CHOSEN
PEOPLE, NEWLY SETTLED IN THEIR PROMISED LAND:
"YOU SHALL NOT MOLEST OR OPPRESS AN ALIEN, FOR
YOU YOURSELVES WERE ONCE ALIENS IN THE LAND OF
EGYPT" Ex22, 20. JESUS THE NAZARENE PROCLAIMED
THAT IN WELCOMING THE STRANGER WE WERE
WELCOMING HIM! Mt25. AS CITIZENS WHOSE
CITIZENSHIP IS NOT ONLY CHESTERFIELD AND THE
USA, BUT THE KINGDOM OF GOD, WE CANNOT DO LESS.
WE MUST DO MUCH MORE! WE MUST CAMPAIGN AND
POLITIC FOR COMPREHENSIVE IMMIGRATION REFORM
NOW, FOR COMPASSION AND JUSTICE FOR ALL
IMMIGRANTS NOW! I URGE YOU TO JOIN IN THAT
EFFORT NOW!
D~~
References Concerning
The Economic Impact Of Immigration
Economic Growth & Immigration: Bridging the Demographic Divide,
Immigration Policy Center, American Immigration Law Foundation,
November 2005.
http://www.ailf.org/ipc/special_ report/2005 _ bridging.pdf
Special Report: UNDOCUMENTED IMMIGRANTS IN TEXAS: A Financial
Analysis of the Impact to the State Budget and Economy, The Office of the
Texas Comptroller of Public Accounts, December 2006.
http://www.ailf.org/ipc/spotlight/spotlight_122206.pdf
How Immigrants Affect California Employment and Wages, by Giovanni
Peri, California Counts, Population Trends and Profiles, Public Policy Institute
of California, Volume 8 Number 3, February 2007.
http://www.ppic.org/content/pubs/cacounts/CC_207GPCC.pdf
Immigration's Economic Impact, Council of Economic Advisers, Edward P.
Lazear, Chairman, June 20, 2007.
http://www.whitehouse.gov/cea/cea_immigration_062007.html
Good Evening,
My name is Fidel Rubio I am a member of the Hispanic
community
Immigration is one of the most important social issues facing our
country today.
It impacts not only a few states along the border or our big cities. It
impacts virtually every community in our nation.
The immigration issue is primarily a hUlnanitarian one because it
impacts millions of human beings; it has moral implications and
must be viewed through a moral lens.
A comprehensive immigration reform would make us all more
secure by requiring the undocumented people to come out of the
shadows.
Often "The debate goes from illegal aliens taking up taxpayer's
services to illegal aliens being criminals to illegal aliens hanging
around on street corners and drinking.
Since no one can look at an Hispanic person and see whether he /
she is a legal resident / citizen or illegal alien, these complaints
start to sound racist to me.
They sound more like "we don't like Hispanics" rather than "we
want to enforce immigration law"
I have been a citizen of the United States for about twenty five
years and all my family cherishes the best values of this country,
but when I see discrimination against my people I will say in the
name of God and of the people that have no voice that we are
created in the image of God.
I urge the board of supervisors to reflect deeply on this issue and
reject these proposals.
Thank you and !God Bless America!
J-JK... ~J MILLll
Chesterfield County Board of Supervisors Public Hearing on
Immigration Issues
Let me open by Thanking the Board of Supervisors for the opportunity to address
the topic of Undocumented County Residents and the proposed actions set forth
in a previous County Board of Supervisors meeting.
I am calling to mind the popular bumper sticker \\What Would Jesus Do?" and
wondering exactly that as I weigh the proposals set forth by the County Board of
Supervisors and the reason we are here for a public discussion on the issue.
Would He be fearful of people who didn't speak His language? Would He support
actions to Root them out of his neighborhood? Would He encourage the Police to
seek out undocumented immigrant aggressively for deportation even if they had
American born children living in the home? I Really Don't Think that He would!
It was interesting to read excerpts from the September 26, 2007 Board of
supervisors meeting that estimated the local impact of providing services to
illegal immigrants was just $2,092,740 in FY 2006. If that amount were to
remain the same in FY2007 the impact would be less than .20/0 of the FY2007
f{'..::
budget of $1.1 Billion posted on Board of Supervisors web page. Thel\was No
effort made to offset the Cost of providing services to undocumented immigrants
with the benefit of tax revenues collected from these immigrants. Also this
estimate did not extrapolate the cost by line item or point at any trend that
shows this amount has increased, remained flat or even decreased in relation to
county fiscal budget. I read the County intends to measure the continued impact
of illegal immigration for the future. I am surprised the Board of Supervisors
would consider acting on items that might negatively affect the lives of these
people without fully knowing the future impact or positive benefits these people
provide to the County.
The Report on Illegal Immigration submitted to the Honorable Members of the
Chesterfield County Board of Supervisors on August 16, 2007 estimated that
using Davis-Bacon wage criteria County construction costs could rise by as much
as 12% per project should Contractor Certification under consideration here this
evening be implemented. Given the County's Composition of the Capital
Improvement Program for FY2008-FY2012 totaling $624,262,900 as outlined in
the FY2007 & FY2008 Biennial Financial Plan, cost for construction could rise by
as much as $74,911,000. This is an amount that dwarfs the expected impact of
providing services to undocumented immigrants for the same period.
Tonight you are seeking Public Opinion a proposal to Implement Housing
Occupancy Limitations. This speaker's humble opinion is that the entire item in
either subproposal (limiting the number of unrelated occupants within a
residence or allocating the number of resident's permitted to legally occupy the
premise by square foot of the property) is discriminatory and has a reach far
beyond the targeted group. The Board should consider how many individual
housing units the County has available for rent at or under $692.00 per month.
This is the rent a wage earner spending 30% of their gross wage if earning $8
per hour would need of adequate size to support themselves and any family
members living off that income. The county's shortage of affordable housing
makes any proposal to limit the number of resident that can occupy a dwelling
unpalatable.
a~,
.
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Page 1 of 2
Meeting Date: November 14,2007
Item Number: 15.0.
Subiect:
Public Hearing to Consider the FY09 Foxcroft Landscaping Enhancement Project
County Administrator's Comments:
County Administrator:
oj
U
Board Action Reauested: Hold a public hearing to consider FY09 Foxcroft
Landscaping Enhancement Project; adopt the resolution of support for the
project; and authorize the County Administrator to enter into agreements for
the project.
Summary of Information: The Virginia Department of Transportation (VDOT)
Enhancement Program is intended to creatively integrate transportation
facili ties into the surrounding communi ties and the natural environment.
proj ects eligible for funding include pedestrian and bicycle facili ties;
pedestrian and bicycle educational/safety activities; scenic easement/
historic site acquisition; scenic/historic highway programs; landscaping;
historic preservation; rehabilitation and operation of historic
transportation buildings or facilities; preservation of abandoned railroad
corridors/conversion to trails; inventory/control/removal of outdoor
advertising; archaeological planning and research; mitigation of water
pollution and wildlife protection; and establishment of transportation
museums.
In FY08, $17 million was available statewide for VDOT to carry out the
program. The county did not receive any Enhancement funding for FY08.
Transportation Enhancement Projects are financed with 80% VDOT funds and a
(Continued)
Preparer: R.J. McCracken
Agen671
Title: Director of Transportation
Attachments:
. Yes
DNa
#
000221.
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Page 2 of 2
Summary of Information: (continued)
minimum 20% local match. The local match is usually provided from county
funds, from other sources, and/or by in-kind contributions. VDOT staff will
evaluate project applications and make a recommendation to the Commonwealth
Transportation Board for inclusion in the FY09-FY14 Virginia Transportation
Six-Year Improvement Program.
The Board took action at the October 10, 2007, meeting to endorse the
FY09 Enhancement Projects. We have been requested to submit an additional
application for $150,000 in Enhancement funds for the Foxcroft Landscaping
Project.
The Board is requested to confirm support for the project by adopting a
resolution of support, which guarantees the county will provide the local
match. If approved and funded by VDOT, staff will prepare another agenda item
requesting appropriation of the required match. The match amount for the
Foxcroft Landscaping Project is $30,000.
Recommendation: Staff recommends the Board take the following actions:
1. Adopt the attached resolution requesting VDOT approval and guaranteeing
the local match for the Foxcroft Landscaping Project. NOTE: If the project
is approved and funded by VDOT, staff will return to the Board with an
identified source for the required match ($30,000).
2. Authorize the County Administrator to enter into agreements between
VDOT/county/consultant/contractor, for design, environmental permit,
right-of-way acquisition, and/or construction agreements, acceptable to
the County Attorney, for projects approved by VDOT.
District:
Matoaca
000222
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WHEREAS, in accordance with the Commonwealth Transportation Board
(CTB) construction allocation procedures, it is necessary that the
local governing body request, by resolution, approval of a proposed
enhancement project.
NOW, THEREFORE I BE IT RESOLVED that the Board of Supervisors of
Chesterfield County requests the eTB establish a project for Foxcroft
Landscaping.
BE IT FURTHER RESOLVED, that the Board hereby agrees to pay 20
percent of the total estimated cost of $150,000 for planning, design,
right-of-way, and construction of the Foxcroft Landscaping Enhancement
Project, and that, if the Board subsequently elects to unreasonably
cancel this project, the County of Chesterfield hereby agrees that the
Virginia Department of Transportation will be reimbursed for the total
amount of the costs expended by the Department through the date the
Department is notified of such cancellation.
000224
Your Community New.\paper Since 1995
P.O. Box 1616, Midlotl1ian, Virginia 23113. Phone: (804) 545-7500. Fax: (804) 744-3269. Email: news@chesterfieldobserver.com . Internet: www.ehesterficidobserver.t'o[]J
Client
Chesterfield County
Board of Supervisors
PUBLIC NOTICE
Take notice that the Board of Supervisors of
Chesterfield County, VIrginia, at a regular
scheduled meeting on November 14, 2007,
at 6:30 p.m. in the County Public Meeting
Room at the Chesterfield Administration
Building, Rt.lO and Lori Road, Chesterfield.
Vrrginia, will hold a public hearing where
persons affected may appear and present
their views to consider:
An addition to the adopted FY09
Enhancement Priority Projects: the
Foxcroft Landscaping Enhancement
Project. The County has applied for funds
allocated by the Vrrginia Department of
Transportation (VDOT) for the project.
A copy of the above proposal is on file
in the Transportation Department, at
the Community Development Building,
3rd floor, 9800 Government Center
Parkway; Chesterfield, VA 23832 and
may be examined by all interested persons
between the hours of 8:30 a.m. and 5:00
p.m., Monday through Friday. For further
information, please call 748-1037,
The hearing is held at a public facility
designed to be accessible to persons with
disabilities. Any persons with questions
on the accessibility of the facility or need
for reasonable accommodations should
contact Janice Blakley, Clerk to the Board.
at 748-1200. Persons needing interpreter
services for the deaf must notify the
Clerk to the Board no later than Friday,
November 9, 2007.
ADVERTISING AFFIDAVIT
Description
Ad Size
Cost (per issue)
Foxcroft
1 col x 4"
$143.65
The Observer, Inc.
Publisher of
CHESTERFIELD OBSERVER
This is to certify that the attached legal notice was published by
Chesterfield Observer in the county of Chesterfield, state of Virginia, on
the following date(s): 11/07/2007
Sworn to and subscribed before me this
,+h
day of
NOv'erY"trv-
,2007.
(1;J~
Legal Affiant
My commission expires: November 30,2010
Commission LD. 7040138
(SE~L)
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THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU.
.
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Page 1 of 2
Meeting Date: November 14,2007
Item Number:
15.E.
Subiect:
Public Hearing to Consider an Amendment to the Tax Relief for the Elderly and
Disabled Ordinance Concerning Property Owned as Tenants in Common by Both
Qualifying and Non-Qualifying Persons
County Administrator's Comments:
County Administrator: ~/
()
Board Action Reauested:
Adopt the attached amendment to tax relief for the elderly and permanently
disabled ordinance permitting the County to grant pro-rata relief to
qualifying elderly and disabled owners of property owned, as tenants in
common, with non-qualifying owners.
Summary of Information:
On June 27, 2007, the Board considered legi.slation enacted by the 2007
General Assembly and directed staff to set this ordinance amendment for a
public hearing. Since the Board first adopted the County's program granting
real estate tax relief for the elderly and handicapped, the Commissioner of
the Revenue has granted full tax relief for residences so long as they are
owned, at least in part, by a qualifying individual and all income and net
worth requirements are satisfied. Thus, even if a residence is owned, in
Preparer:
Steven L. Micas
Title: County Attorney
0400:76715.1
Attachments:
. Yes
DNa
#
000225
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Page 2 of 2
part, by a non-qualifying individual (often, a son or daughter), that fact
does not disqualify the property. State law does not prohibit this approach
to the tax relief program. However, other Virginia jurisdictions have taken
the position that a residence has to be owned solely by qualifying
individuals (Usolely-owned jurisdictionsn) to be eligible for tax relief.
The 2007 legislation was designed to address tax relief in "solely-owned
jurisdictions." It provides that if qualifying and non-qualifying persons
each have a percentage ownership of a residence, the qualifying person can
receive prorated tax relief based on his percentage ownership. However, in
granting this "additionaln tax relief, the General Assembly also provided
that only prorated relief was available in such ownership situations and only
if a locality adopted a proration amendment to their existing tax relief
program. wi thout such amendment, locali ties are now prohibi ted from
granting any tax relief to the qualifying percentage owner if any other owner
is non-qualifying.
This legislation only affects property .that is owned by qualifying and non-
qualifying owners who are legally referred to as "tenants in common,n that
is, each owner owns a specified percentage of the residence. The
Commissioner of the Revenue has determined that only 2 of the 2,500
residences currently in the tax relief program fall into this category. The
Commissioner has sent notices to each of these residences to inform the
owners that, if they choose, they can record a new deed to convert their
ownership status from "tenants in common" to "joint tenants" which will take
them outside the scope of the new legislation and will enable them to qualify
for tax relief in the same way they had qualified before the legislative
change.
Staff recommends that the Board adopt the attached ordinance. If it is not
adopted, those qualifying individuals who own their residences as tenants in
common along with non-qualifying persons will not be eligible for even pro-
rata relief but will have to be removed from the program or change their
deeds to satisfy the new legislative requirements.
0425:76715.1
000226
~
..
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Page 3 of 3
Meeting Date: November 14,2007
Budaet and Manaaement Comments:
This item requests that the Board hold a public hearing to consider FY09
Foxcroft Landscaping Enhancement Project; adopt the resolution of support
for the project; and authorize the County Administrator to enter into
agreements for the project.
If project funds are approved from VDOT, staff will present a subsequent
agenda item to identify a source of funds for the required local match.
Preparer: Allan M. Carmody
Title: Director. Budaet and Manaoement
OOO?~7
rtl,iI 'w
AN ORDINANCE TO AMEND SECTION 9-24 OF THE CODE OF THE
COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY ADDING
A NEW SUBSECTION (b) RELATING TO TAX RELIEF FOR
THE ELDERLY AND PERMANENTLY DISABLED
BE IT ORDAINED by the Board of Supervisors of Chesterfield County:
(1) That Section 9-24 of the Code of the Countv of Chesterfield. 1997, as amended, is
amended and re-enacted by adding a new subsection (b) to read as follows:
Sec. 9-24. Restrictions and conditions.
.@1. Notwithstanding any other provision of this chapter, a dwelling or manufactured home,
and up to one acre of land upon which either is situated may be temporarily exempted
from taxation when any such property is owned by and occupied as the sole residence of
a person at least 65 years old or a person who is determined to be permanently and totally
disabled as defined by Code of Virginia, 9 58.1-3217. The exemption shall be subject to
the following restrictions and conditions:
(1) During the preceding calendar year, the total combined income from all sources
of the owners and owners' relatives living in the dwelling or manufactured home
must not exceed $52,000.00; without including in the total the first $6,500.00 of
each relative's income, other than the owner's spouse who is living in the dwelling
or manufactured home.
(2) Notwithstanding subsection (1), if a person qualifies for an exemption under this
section, and can prove by clear and convincing evidence that the person's physical
or mental health has deteriorated such that the only alternative to permanently
residing in a hospital, nursing home, convalescent home or other facility for
physical or mental care is to have a relative move in and provide care for the
person, and if a relative does move in for that purpose, then none of the income of
that relative or that relative's spouse shall be included in calculating the income
limit; however, if the residence's owner has, within a three-year period prior to or
after the relative moves into the residence, transferred to the care giving relative
assets in excess of $5,000.00 without adequate consideration then the income of
the caregiver relative or that relative's spouse shall be included in calculating the
income limit.
(3) As of December 31 of the immediately preceding calendar year, the net combined
financial worth, including interest of the owners and of the spouse of any owner,
excluding the value of the property for which the exemption is sought, and the
value of up to an additional nine acres of real estate if such additional nine acres
of real estate are contiguous to and a part of the parcel for which the exemption is
sought, must not exc~ed $169, 1 00.00.
0425:76406.1 000228
ilil If the property described in (a) above is iointly held by an owner: 1) who is not the
spouse of a Qualifying owner'l 2) who would not qualify for an exemption by age or
disability and 3) whose ownership interest can legally be calculated as a percentage
interest in the propertv'l the qualifying owners will continue to qualify for an exemption'l
as calculated in the next sentence of this subsection (b)'I if all of the joint owners occupy
the property as their sole dwelling and the combined financial worth of all such loint
owners 'I including the present value of all equitable interests (and computed without
exclusion for the dwelling or any other asset notwithstanding the provisions of subsection
(a)) does not exceed $324'1075 as of December 31 of the immediately preceding calendar
year. The tax exemption for this subsection (b) shall be calculated by multiplying the
amount of the exemption by a fraction that has as a numerator the percentage of
ownership interest in the property held by all loint owners who qualify by age or
disability and their spouses and'l as a denominator 'I 100%.
(2) That this ordinance shall become effective immediately upon adoption.
000229
0425:76406.1
Your Community Newspaper Since 1995
P.O. Box 1616, Midlothian, Virginia 23113. Phone: (804) 545-7500 . Fax: (804) 744-3269 . Email: news@chesterficldobscrver.com . Internet: www.chesterficldobserver.com
ADVERTISING AFFIDAVIT
Client
Chesterfield County
Board of Supervisors
Description
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Tax Relief
1 col x 4.5"
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PUBliC NOTICE
Take notice that the Board of Supervisors of
Chesterfield County, Vrrginia, at a regular
scheduled meeting on November 14, 2007,
at 6:30 p.m. in the County Public Meeting
Room at the Chesterfield Administration
Building. Rt. 10 and Lori Road, Chesterfield.
Virginia, will hold a public hearing where
persons affected may appear and present
their views to consider:
An Ordinance to amend Section 9-24 of the
Code of the County of Chesterfield, 1997,
as amended. by adding a new subsection
(b) relating to Tax Relief for the Elderly and
Perman~ntly Disabled relating to property
owned Jointly by qualifying and non-
qualifying persons as tenants in common.
Copies of the above proposal and related
information are on file in the County
Administrator's Office (Room 505) at
the Chesterfield County Administration
Building. for public examination between
the hours of 8:30 a. m. and 5:00 p. m.
of each regular business day. If further
information is needed. please contact
the County Attorney's Office at 748-1491
between the hours of 8:30 a.m. and 5:00
p.m.
Th~ hearing is held at a public facility
deslg?~d to be accessible to persons with
dIsabilItIes. Any persons with questions
on the accessibility of the facility or need
for reasonable accommodations should
contact Janice Blakley. Clerk to the Board,
at 748-1200. Persons needing interpreter
serVIces for the deaf must notify the
Clerk to the Board no later than Friday,
November 9, 2007.
The Observer, Inc.
Publisher of
CHESTERFIELD OBSERVER
This is to certify that the attached legal notice was published by
Chesterfield Observer in the county of Chesterfield, state of Virginia, on
the following date( s): 10/31/2007 & 11/0712007
Sworn to and subscribed before me this
,+h
day of
NCJ./Ery}'a:-Y'" ,2007.
a~ir@b:i:JO~iC
My commission expires: November 30,2010
Commission LD. 7040138
(SEAL)
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THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU.
November 14,2007
Speaker's List
Evening Session
1. Ms. Dawn Wilson
2. Ms. Nicole Jordan
3. Mr. Mike Wilson
4. Dr. Jane DiCocco
5. Dr. Mark DiCocco
~
""
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Page 1 of 1
Meeting Date:
November 14,2007
Item Number: 17.
Subiect:
Adjournment and Notice of Next Scheduled Meeting of the Board of
Supervisors
County Administrator's Comments:
County Administrator:
Q}
U-
Board Action Reauested:
Summary of Information:
Motion of adjournment and notice of the Board of Supervisors meeting to
be held on November 28, 2007 at 3:00 p.m. in the Public Meeting Room.
Preparer: Janice Blaklev
Title: Clerk to the Board
Attachments:
DYes
.NO
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