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11/14/2007 Minutes BOARD OF SUPERVISORS MINUTES November 14, 2007 Supervisors in Attendance: Mr. Kelly E. Miller, Chairman Mrs. Renny B. Humphrey, Vice Chrm. Mr. R. M. "Dickie" King, Jr. Mr. Donald D. Sowder Mr. Arthur S. Warren Mr. James J. L. Stegmaier County Administrator ~ Staff in Attendance: Ms. Janice Blakley, Clerk to the Board Mr. George Braunstein, Exec. Dir., Commuinty Services Board Mr. Allan Carmody, Dir., Budget and Management Ms. Marilyn Cole, Asst. County Administrator Mr. Barry Condrey, Chief Information Officer Mr. Roy Covington, Dir., Utilities Ms. Mary Ann Curtin, Dir., Intergovtl. Relations Mr. Michael Dance, Asst. Dir., Accounting Ms. Rebecca Dickson, Dep. County Administrator, Human Services Colonel Thierry Dupuis, Police Department Mr. Michael Golden, Dir., Parks and Recreation Mr. John W. Harmon, Right-of-Way Manager Mr. Russell Harris, Mgr. of Community Development Services Mr. Thomas E. Jacobson, Dir., Revitalization Mr. Donald Kappel, Dir., Public Affairs Mr. Rob Key, Director, General Services Mr. Louis Lassiter, Dir., Internal Audit Mr. Mike Mabe, Director, Libraries Chief Paul Mauger, Fire Department Mr. R. John McCracken, Dir., Transportation Mr. Steven L. Micas, County Attorney Ms. Sarah Snead, Dir., Social Services Mr. M. D. Stith, Jr., Deputy County Admin., Community Development Mr. Thomas Taylor, Dir., Block Grant Office Mr. Kirk Turner, Dir., planning Mr. Rick Witt, Building Insp@ction Mr. Scott Zaremba, Asst. Dir., Human Resource Mgmt. Mr. Miller called the re9ularly scheduled meeting to order at 3:03 p.m. -' 1. APPROVAL OF MINUTES FOR OCTOBER 24, 2~07 On Motion of Mr. King, seconded by Mrs. Hum:pht~y, thQ Board approved the minutes of October 24, 2007, as submitted. Ayes: Mi 11 er, Humphrey, King, Sowder and Itvarren. Nays: None. 2 . COUNTY ADMINISTRATOR' S COMMENTS 2 . A. SENIOR VOLUNTEER HALL OF FAME AWARD'S PRESENTATION Ms. Leidheiser Shirley Hudson, Hall of Fame. introduced Mrs. Blanche Castelow and Mrs. the 2007 inductees into the Senior Volunteer Mr. Stegmaier Mrs. Hudson congratulated Volunteer Hall expressed appreciation to for their outstandin9 them on being inducted of Fame. Mrs. Castelow and voluntarism and into the Senior --' (It is noted Dr. Betty Clapp, who was not in attendance, was also recognized for induction into the Hall of Fame.) 2 . B . BRIEFING REGARDING THE BLACK VULTURE SITUATION AT DUTCH GAP CONSERVATION AREA Ms. Dickson provided details of past efforts by various agencies to reduce the number of vultures at the Dutch Gap conservation area. She stated a meeting has been scheduled for November 19, 2007, for various stakeholders to discuss the vulture issue. Mr. Scott Barras, State Director, United States Department of Agriculture wildlife Services! stated many sol'l,.1.tions are being considered. He further stated a comprehensive long- term approach has been developed to deal with the issue, which consists of tagging individual vultures and harassment to disperse the vultures from the Dutch Gap site. In response to Mr. Miller's question, Mr. Barras stated that vul tures are not an endangered species and are expanding throughout their range. He further stated it is estimated that there are 35,000 vultures in Virginia. ---' 3 . BOARD MEMBER REPORTS There were no Board member reports at this time. 4 . REQUESTS TO POSTPONE AGENDA ITEMS AND ADDITIONS, OR CHANGES IN THE ORDER OF PRESENTATION - On motion of Mrs. Humphrey, seconded by Mr. King, th~ Board replaced Item B.D.9., Approval of a Wetlands Mitigation Agreement with Coverly Wetlands Mitigation Bank; replaced Item B . D .14., Award of Contract for Management Consulting Services to Conduct a Management Study for Chesterfield CountYi and adopted the agenda! as amended. Ayes: Miller, Humphrey, King, Sowder and Warren. Nays: None. 5. RESOLUTIONS 5.A. RECOGNIZING THE MIDLOTHIAN YOUTH SOCCER LEAGUE ON ITS THIRTIETH ANNIVERSARY Mr. Kappel introduced Mr. John Addison, Executive Director of the Midlothian Youth Soccer League, and members of the Board of Directors or the organization, who were present to receive the resolution. On motion of the Board, the following resolution was adopted: WHEREAS, in 2007, the Midlothian Youth Soccer League observes its 30-year anniversary; and WHEREAS, 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 but also respect for one opponents; and have learned not another and for only teamwork, officials 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, tha t the Ches terf ield 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, thanks its adult leaders for their commitment to our county's youths, and wishes the Midlothlan Youth Soccer League continued success. AND, resolution and tha t papers of Virginia. BE IT FURTHER RESOLVED that a copy of this be presented to the Midlothian Youth Soccer League this resolution be permanently recorded among the this Board of Supervisors of Chesterfield County, -' Ayes: Miller, Humphrey, King, Sowder and '~larren. Nays: None. Mrs. Humphrey presented the executed resolution to Mr. Addison, accompanied by members of the Board of Directors, and congratulated them on the accomplishments of the Midlothian Youth Soccer League and wished them continued success. Mr. Addison expressed appreciation to the Board for the recognition and for the county's support of the organization over the years. 5.B. RECOGNIZING MR. PET'ER ZAINO FOR HIS OUSTANDING REPRESENTATION OF CHESTERFIELD COUNTY AT THE 2007 SPECIAL OLYMPICS SUMMER GAMES Mr. Kappel introduced Mr. Peter zaino, who was presented to -.-/ receive the resolution. On motion of the Board, the following resolution was adopted: WHEREAS, Mr. Peter Zaino is a residl2nt of the Midlothian District of Chesterfield County, Virginia; and WHEREAS, Mr. Zaino joined with more than 400 other athletes to represent TE~am 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 BO, 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 credit 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 November 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. Ayes: Miller, Humphrey, King, Sowder and Warren. Nays: None. Mr. Sowder presented the executed resolution to Mr. Zaino, congratulated him on his outstanding accomplishments, and wished him future success. Mr. Zaino thanked the Board for the recognition. 5. C . RECOGNIZING LIEUTENANT PETER C. SVOBODA, FIRE AND EMERGENCY MEDICAL SERVICES DEPARTMENT, UPON HIS RETIREMENT Chief Mauger introduced Lieutenant Peter Svoboda, who was present to receive the resolution. On motion of the Board, the following resolution was adopted: WHEREAS, Lieutenant Peter C. Svoboda will the Fire and Emergency Medical Services Chesterfield County, on December 1, 2007; and retire from Department, WHEREAS, Lieutenant Svoboda attended Recruit School #13 in 19B2 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 #lB in 19B7; 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 of 19B9 with an Emergency Medical Services Life Save award for his role in saving the life of a man found in cardiac arrest; and WHEREA.S I Lieu.tenant Svoboda was reco~rnized in October of 1995 with an Emergency Medical Services unit Citation for his role in the extrication CLnd 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 resolution be presented to Lieutenant Svoboda, and that resolution be permanently recorded among[ the papers of Board of Supervisors of Chesterfield County, Virginia. this this this Mr. Warren presented the executed resolution, acrylic statue and watch to Lieutenant Svoboda, accompanied by members of his family, expressed appreciation for his dedicated service and congratulated him on his retirement. Lieutenant Svoboda exprE~ssed appreciation to the Board for the recognition and stated it has been a great 25 years. Ayes: Miller, Humphrey, King, Sowder and Itvarren. Nays: None. --,' 6. WORK SESSIONS There were no work sessions at this time. 7. DEFERRED ITEMS There were no deferred items at this time. 8. NEW BUSINESS 8 . A. APPROVAL OF AGREEMl!~NTS AND FINANCI~.L DESIGNATIONS TO PURCHASE THE GROurnn> LEASE AT CLOVEE~EAF MALL Assistant County Attorney Tara McGee provided details of actions beings requested of the Board to authorize the purchase of the remaining ground lease at Cloverleaf Mall. She stated that the sale and approval of the contract would complete the acquisition of all property at Cloverleaf Mall and would also settle a pending lawsuit. She stated the sale contract with Crosland is contingent on a successful rezoning of the property and potential economic incentives. ~c' In response to Mr. King's question, Ms. McGee stated the approximate :':iize of the property is 83 acres. In response to Mr. Miller's question, I1s. McGee stated the county would continue to pay ground leasE~ payments, which are approximately $339,000 a year, but are subject to an escalator. She further stated the Qnnual payment could increase to over $400,000 and continue to increase at least every eight years. She stated the agreement offered by Millmar needs to be ratified today for acceptance by the Economic Development Authority tomorrow. She further stated . , If the Board chooses not to approve the agreement, Millmar's offer at $7.25 million goes away, and the county will be back in litigation to determine the appropriate measure to determine the value. Mr. Warren expressed concerns relative to what will happen wi th the developer's offer to purchase the property if the Board does not take the requested action today. Mr. King expressed disappointment that he was only provided thirty minutes in closed session to consider the first purchase at Cloverleaf because of a $600,000 purchase option that the county had paid without his knowledge. He further stated he has not once voted against business, and will not do so today. He expressed concerns that the current proposal for re-developing Cloverleaf Mall is nothing like staff originally represented it in closed session, indicating that he regrets having supported the earlier proposal. He stated this is the most disappointing issue he has faced in four years on the Board. He referenced the Meadowville tract and noted that he voted against continuing to pay those options. He compared the Cloverleaf Mall proj ect to Branner Station, indicating that it was his dream for the Cloverleaf property to be developed as business, and the current proposal includes almost no business, but single-family dwellings and apartments. He again expressed concerns that the current proposal is nothing like what was originally presented to the Board when he made his original decision and indicated that he will not support the actions being requested by staff, but will abstain from voting rather than voting against business. Mr. Sowder stated, although he lS an advocate of the Cloverleaf Mall revitalization, in his opinion, the current Board should not vote on the rezoning of this property. He further stated the citizens wanted different decision makers to decide on issues of major consequence, indicating that he sees the revitalization of this property as one of the major issues impacting Chesterfield County. Mr. Sowder then made a motion, seconded by Mrs. Humphrey, for the Board to defer consideration of agreements and financial designations to purchase the ground lease at Cloverleaf Mall. Mr. King expressed concerns that the Board is now dealing with the ground lease after the fact, indicating that this issue should have been taken care of as part of the original package. He stated this would not have been acceptable in private business and expressed concerns relative to the waste of taxpayers' money as a result of what was, in his opinion, bad advice from staff. Mr. Micas stated, if the Board defers this issue, this agreement will expire by its terms, but the Board may wish to direct staff to continue negotiating with the developer for the purchase of Cloverleaf Mall. He further stated, if the Board defers this issue, it would be appropriate to defer it until January 9, 2008. Mr. Sowder clarified that his motion included directing staff to continue negotiations with the developer. Mr. Warren stated the new Board would need to be briefed on this issue before being able to make a decision. He further stated staff should communicate with the developer concerning 11001 ~: the Board's decision not to approve the agreement at this time. Mr. Miller stated the new Board could defer this item to a later date if further study was needed. Mr. Miller then called for a vote on the motion of Mr. Sowder, seconded by Mrs. Humphrey I for the Board to defer consideration of agreements and financial designations to purchase the ground lease at Cloverleaf Mall and to direct staff to continue negotiations with the developer for the purchase of Cloverleaf Mall. ~ Ayes: Miller, Humphrey, King, Sowder and 1Narren. Nays: None. 8 . B . APPOINTMENT On motion of Mrs. Humphrey, suspended its rules at this nomination/ appointment of a Advisory Committee. seconded by Mr. King, the Board time to allow for simultaneous member to serve on the Towing Ayes: Miller, Humphrey, King, Sowder and Warren. Nays: None. o TOWING ADVISORY COMMITTEE On motion of Mrs. Humphrey, seconded by I1r. Sowder, the Board simul taneously nominated/appointed Lieutenant Clinton C. Schott to serve on the Towing Advisory Board. Ayes: Miller, Humphrey, King, Sowder and Warren. Nays: None. ,-' 8 . C . STREETLIGHT INSTALLATION COST APPROVALS On motion of Mr. King, approved the following Bermuda District: seconded by Mr. Warren, the Board streetlight installations in the . In the Rayon Park Subdivision, on Senate Street, in the vicinity of 7600 Cost to install streetlight: $507.77 . In the Normandale Terrace Subdivision, at intersection of Arcadia Avenue and l\rcadia Court Cost to install streetlight: $507.77 the . In the Chester East Subdivision, on Gill Street, In the vicinity of 3635 Cost to install streetlight: $163.70 . In the Chester East Subdivision, on Gill Street, In the vicinity of 3701 Cost to install streetlight: $163.70 -' Ayes: Miller, Humphrey, King, Sowder and Warren. Nays: None. Mr. Miller excused himself from the meeting. 8.D. CONSENT ITEMS On motion of Mrs. Humphrey, seconded by Mr. King, removed the following item from the consent agenda comment: Item B.D.14., Award of Contract for Consulting Services to Conduct a Management Chesterfield County. the Board for public Management Study for Ayes: Humphrey, King, Sowder and Warren. Nays: None. Absent: Miller. 8.D.1. TRANSFER OF ADDITIONAL FUNDS, AUTHORIZATION TO ACQUIRE RIGHT-OF-WAY, AND AWARD A CONSTRUCTION CONTRACT FOR THE CHESTERWOOD DRIVE SIDEWALK PROJECT On motion of Mr. Sowder, seconded by Mr. King, the Board transferred $280,000 in unallocated prior year Community Development Block Grant funds to the Chesterwood Drive Sidewalk Project; approved the general location and design of the project; authorized staff to acquire right-of-way for the project, including advertising of an eminent domain public hearing, if necessary; authorized the County Administrator to enter into any documents necessary to complete a conveyance to the county; and authorized the award of a construction contract, up to $370,000, to the lowest responsible bidder. Ayes: Humphrey, King, Sowder and Warren. Nays: None. Absent: Miller. 8.D.2. ADOPTION OF RESOLUTIONS 8 .D.2 .a. RECOGNIZING FIREFIGHTER MCKINLEY MEADE, JR., FIRE AND EMERGENCY MEDICAL SERVICES DEPARTMENT, UPON HIS RETIREMENT On motion of Mr. Sowder, seconded by Mr. King, the Board adopted the following resolution: WHEREAS, Firefighter McKinley Meade, Jr. the Fire and Emergency Medical Services Chesterfield County, on October 1, 2007; and retired from Department, WHEREAS, Firefighter Meade answered his country's call to duty in the service of the Uni ted 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 Recruit School #15 in 19B4 and has faithfully served the county for 23 years in various assignments as a firefighter at the Bon Air, Wagstaff, Enon, Clover Hill, Manchester, and Buford Fire and EMS Stations; and WHEREAS, Firefighter Meade was recognized for his care and compassion in non-emergency duties through many letters of appreciation; and WHEREAS, Firefighter Meade was recognized 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 rE~cognized wi th unit Citations for his role in March 1993 on the scene of a drowning at the Chester YMCA; 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 Jef ferson Davis Highway; and in February 2007 on the scene of a choking on South Providence Road; and --- WHEREAS, Firefighter Meade was recognized wi th a Uni t 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, Jr., expres:3es the appreciation of all residents for his service to the county, and extends appreciation for his dedicated service and congratulations upon his retirement. Ayes: Humphrey, King, Sowder and Warren. Nays: None. Absent: Miller. 8 .D.2 .b. RECOGNIZING FIREFIGHTER ROGER A. WARDEN, FIRE AND EMERGENCY MEDICAL SERVICES DEPARTMENT, UPON HIS RETIREMENT On motion of Mr. Sowder, seconded by Mr. King, the Board adopted the following resolution: - WHEREAS, Firefighter Roger A. Warden retired Chesterfield County Fire and Emergency Medical Department on November 1, 2007; and from the Services WHEREAS, Firefighter Warden attended Recruit School #12 in 19B2 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 Stations; and WHEREAS, Firefighter Warden was active as a Dive Team member, Tactical Medic Team member; Fire Service Instructor, and the first Firefighter Specialist for Chesterfield Fire and EMS, and WHEREAS, Firefighter Warden has helped firefighters and paramedics during his career, forever benefit Chesterfield Fire and EMS; and train which many will -" WHEREAS, Firefighter Warden was Career Firefighter of the Year for 199B, and recognized by the volunteer firefighters at Company 4 as The Bradley McNeer Firefighter of the Year in 2002; 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 Gaston; and WHEREAS, Firefighter Warden created and taught for the past 12 years an awareness program for new teen drivers called It's Your Decision, which received a NACo award in 199B; 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. Ayes: Humphrey, King, Sowder and Warren. Nays: None. Absent: Miller. 8 . D. 2 . c . RECOGNIZING FIREFIGHTER ROBERT "DOUG" CORRADA, FIRE AND EMERGENCY MEDICAL SERVICES DEPARTMENT, UPON HIS RETIREMENT On motion of Mr. Sowder, seconded by Mr. King, the Board adopted the following resolution: WHEREAS, Firefighter Robert "Doug" Corrada retired from the Fire and Emergency Medical Services Department, Chesterfield County, on July 1, 2007; and WHEREAS, Firefighter Corrada faithfully served the department for nearly 30 years, as a firefighter at the Bon Air, 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, 1996, 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, 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. Ayes: Humphrey, King, Sowder and Warren. Nays: None. Absent: Miller. 07-1039 8.D.2.d. RECOGNIZING MS. DEANNA IDA STO~[ AND MS. MICHELLE ELEANOR HARPER, UPON ATTAINING ,]~HE GOLD AWARD On motion of Mr. Sowder, seconded by l1r. King I the Board adopted the following resolution: WHEREAS, the Girl Scouts of the united States of America is an organization serving over 2.7 million girls and was founded to promote citizenship training and personal development; and -- WHEREAS, after ear:"L.l:':" -(:;'2 ( 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 highE~st 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 and ]\1s. Michelle Eleanor Harper, both of Troop 569, sponsored by Grace Lutheran Church, have accomplished these high sta.ndards 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 t:=xperiences in Girl Scouting, learning the lessons of responsible citizenship, and priding themselves on the great accomplishments of their country, Deanna and Michelle are indeE~d 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. Ayes: Humphrey, King, Sowder and Warren. Nays: None. Absent: Miller. 8 . D. 2 . e . RECOGNIZING MOUNT GILEAD FULL GOSPEL INTERNATIONAL MINISTRIES ON THE GROUNDBREAKI~IG OF A NEW YOUTH MINISTRIES BUILDING ---' On motion of Mr. Sowder, seconded by Mr. King, the Board adopted the following resolution: WHEREAS, Mount Gilead Ministries has been under the Robertson, Jr. for 11 years; and Full Gospel leadership of International Bishop Daniel 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,BOO 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 facili ty will serve both the church and the community-at-large; 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 ci tizens 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. Ayes: Humphrey, King, Sowder and Warren. Nays: None. Absent: Miller. 8.D.2.f. RECOGNIZING MR. WESLEY B. BUTTERFIELD, INFORMATION SYSTEMS TECHNOLOGY DEPARTMENT, UPON HIS RETIREMENT On motion of Mr. Sowder, seconded by Mr. King, the Board adopted the following resolution: WHEREAS, Mr. Wesley (Bert) Butterfield will retire from the Chesterfield County Information Systems Technology Department on January 1, 20GB after providing 15 years of quality service to the citizens of Chesterfield County; and WHEREAS, Mr. county in the Butterfield capaci ty of has faithfully served production services the shift 07-1041 .JIll supervisor and senior systems programmer for the Information Systems Technology Department; 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 1ST 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 systE!ffi development with internal and external developers, updated Chesterfield County School's Automated Scheduling System, and assisted with the preparation of systems documentation and user manuals; and WHEREAS, Mr. Butterfield teamwork and a high standard his tenure at 1ST, and his environment, promoting an assistance, has been essential and has demonstrated outstanding of professionalism throughout ability to work in a team atmosphere of support and to the organization'S success; 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, diliqence 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. Ayes: Humphrey, King, Sowder and Warren. Nays: None. Absent: Miller. 8 .D.2 .g. REQUESTING THAT THE GENERAL ASS:EMBLY OF VIRGINIA TAKE ACTION TO PREVENT EXPLOITI:VE LENDING PRACTICES On motion of Mr. Sowder, seconded by Mr. King, the Board adopted the following resolution: 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 pra,ctices 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 ftll"l '" ^A"'" 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 "Terms Of Consumer Credit Extended to Servicemember Or Servicemember's Dependent" and referenced on page S6352 of the June 22, 2006 Congressional Record Senate, a copy of which is annexed to and incorporated by reference in this resolution. Ayes: Humphrey, King, Sowder and Warren. Nays: None. Absent: Miller. 8.D.3. TRANSFER OF DISTRICT IMPROVEMENT FUNDS 8.D.3.a. FROM THE BERMUDA DISTRICT IMPROVEMENT FUND 8.D.3.a.1. TO THE BENSLEY/BERMUDA VOLUNTEER RESCUE SQUAD TO PURCHASE HYDRAULIC RESCUE TOOLS USED TO EXTRICATE PEOPLE TRAPPED IN VEHICLES .-. On motion of Mr. Sowder, seconded by Mr. King, the Board transferred $15,970 from the Bermuda District Improvement Fund to the Bensley/Bermuda Volunteer Rescue Squad to purchase hydraulic rescue tools used to extricate people trapped in vehicles. Ayes: Humphrey, King, Sowder and Warren. Nays: None. Absent: Miller. 07-1043 11/14/07 8.D.3.a.2. TO THE CHESTERFIELD COUNTY SCHOOL BOARD TO PURCHASE EQUIPMENT AND SUPPLIE:S TO SUPPORT PROGRAMS AT COMMUNITY HIGH SCHOOL On motion of Mr. Sowder, seconded by IYlr. King, the Board transferred $15,000 from the Bermuda District Improvement Fund to the Chesterfield County School Board to purchase equipment and supplies to support programs at Community High School. --- Ayes: Humphrey, King, Sowder and Warren. Nays: None. Absent: Miller. 8 . D. 3 . a. 3 . TO ENON VOLUNTEER FIRE DEPARTlIENT TO PURCHASE AN INFLATABLE BOAT FOR LOW-LEVEL WATER RESCUE OPERATIONS, AUTOMATIC INFLATA15LE PFD VESTS, PERSONNEL SAFETY EQUIPMENT FOR WATER RESCUES, WINTER WORK JACKETS FOR VOLUN'J~EER FIREFIGHTERS AND A STORAGE BUILDING FOR REf3CUE EQUIPMENT On motion of Mr. Sowder, seconded by Mr. King, the Board transferred $12,31B from the Bermuda District Improvement Fund to the 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. Ayes: Humphrey, King, Sowder and Warren. Nays: None. Absent: Miller. -" 8.D.3.a.4. 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 On motion of Mr. Sowder, seconded by J'1r. King, the Board transferred $10,000 from the Bermuda District Improvement Fund 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. Ayes: Humphrey, King, Sowder and Warren. Nays: None. Absent: Miller. 8 .D.3 .b. FROM THE MATOACA DISTRICT IMPROVEMENT FUND TO THE SCHOOL BOARD TO PURCHASE BOOKS FOR THE GRANGE HALL ELEMENTARY SCHOOL LIBRARY On motion of Mr. sowder, seconded by transferred $25,000 from the Matoaca Fund to the School Board to purchase Hall Elementary School library. Mr. King, the Board District Improvement books for the Grange Ayes: Humphrey, King, Sowder and Warren. Nays: None. Absent: Miller. 07-1044 11/14/07 S.D.4. 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 - On motion of Mr. Sowder, seconded by Mr. King, the Board amended 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. Ayes: Humphrey, King, Sowder and Warren. Nays: None. Absent: Miller. S.D.5. STATE ROAD ACCEPTANCE On motion of Mr. Sowder, seconded by Mr. King, the Board adopted the following resolution: WHEREAS, the streets described below are shown on plats recorded in the Clerk's Office of the Circuit Court of Chesterfield County; and ~ WHEREAS, the Resident Engineer for Department of Transportation has advised streets meet the requirements established by Street Requirements of the Virginia Transportation. the Virginia this Board the the Subdivision Department of NOW, THEREFORE, BE IT RESOLVED, that this Board requests the Virginia Department of Transportation to add the streets described below to the secondary system of state highways, pursuant to Section 33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements. AND, BE IT FURTHER RESOLVED, that this Board guarantees a clear and unrestricted right-of-way, as described, and any necessary easements for cuts, fills and drainage. AND, BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. Project: Cypress Woods 1 Type Chanqe to the Secondary System of State Addition Reason for Change: New subdivision street Pursuant to Code of Virginia Street Name and/or Route ~33.1.229 . Cypress Vine Drive, State Route Number 7231 From: Old Bermuda Hundred Rd., (Rt. 618) To: Naylors Blue Ct., (Rt. 7232), a distance of: 0,04 miles. Recordation Reference: Pb. 161 Pg, 29 Right of Way width (feet) = 60 · Naylors Blue Court, State Route Number 7232 From: Cypress Vine Dr., (Rt. 7231) To: Cul-de-sac, a distance of: 0.05 miles. Recordation Reference: Pb. 161 Pg. 29 07-1045 11/14/07 Right of Way width (feet) = 50 Naylors Blue Drive, State Route Number 7233 From: Cypress Vine Dr., (Rt. 7231) To: Temp EOM, a distance of: 0.01 miles. Recordation Reference: Pb. 161 Pg.29 Right of Way width (feet) = 50 . Cypress Vine Drive, State Route Number 7231 From: Naylors Blue Ct., (Rt. 7232) - To: Castlewellan Tr., (Rt. 7234), a distance of: 0,05 miles. Recordation Reference: Pb. 161 Pg.29 Right of Way width (feet) = 60 . Castlewellan Terrace, State Route Number 7234 From: Cypress Vine Dr., (Rt. 7231) To: Cul-de-sac, a distance of: 0.05 miles. Recordation Reference: Pb. 161 Pg. 29 Right of Way width (feet) = 40 . Castlewellan Drive, State Route Number 7235 From: Cypress Vine Dr., (Rt. 7231) To: Castlewellan Ct., (Rt. 7236), a distance of: 0.20 miles. Recordation Reference: Pb. 161 Pg. 29 Right of Way width (feet) = 50 . Castlewellan Court, State Route Number 7236 From: Castlewellan Dr., (Rt. 7235) ,-' To: Cul-de-sac, a distance of: 0.03 miles. Recordation Reference: Pb. 161 Pg, 29 Right of Way width (feet) = 40 . Castlewellan Drive, State Route Number 7235 From: Castlewellan Ct., (Rt. 7236) To: Cul-de-sac, a distance of: 0.03 miles. Recordation Reference: Pb, 161 Pg. 29 Right of Way width (feet) = 50 . Cypress Vine Drive, State Route Number 7231 From: Castlewellan Dr., (Rt. 7235) To: Temp EOM, a distance of: 0.03 miles. Recordation Reference: Pb. 161 Pg. 29 Right of Way width (feet) = 60 And, further, the Board adopted the following resolution: WHEREAS, the streets described below are shown on plats recorded in the Clerk's Office of the Circuit Court of Chesterfield County; and .--- WHEREAS, the Resident Engineer for the virginia Department of Transportation has advised this Board the streets meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation. 07-1046 11/1A/n., NOW, THEREFORE, BE IT RESOLVED, that this Board requests the Virginia Department of Transportation to add the streets described below to the secondary system of state highways, pursuant to Section 33.1-229, Code of virginia, and the Department's Subdivision Street Requirements. AND, BE IT FURTHER RESOLVED, that a clear and unrestricted right-of-way, necessary easements for cuts, fills and this Board guarantees as described, and any drainage. AND, BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. Project: Ivystone 1 Tvpe Chanae to the Secondary System of State Addition Reason for Change: New subdivision street Pursuant to Code of Virginia ~33.1-229 Street Name and/or Route . Tralee Drive, State Route Number 7211 From: Bermuda Orchard Ln., (Rt. 828) To: Tralee Ct., (Rt. 7212), a distance of: 0.04 miles. Recordation Reference: Pb. 155 Pg, 14 Right of Way width (feet) = 50 . Tralee Court, State Route Number 7212 From: Tralee Dr., (Rt. 7211) To: Cul-de-sac, a distance of: 0.10 miles. - Recordation Reference: Pb. 155 Pg. 14 Right of Way width (feet) == 50 . Tralee Drive, State Route Number 7211 From: Tralee Ct., (Rt. 7212) To: Tralee PI., (Rt. 7213), a distance of: 0.06 miles. Recordation Reference: Pb. 155 Pg, 14 Right of Way width (feet) == 50 . Tralee Place, State Route Number 7213 From: Tralee Dr., (Rt. 7211) To: Cul-de-sac, a distance of: 0.06 miles. Recordation Reference: Pb. 155 Pg. 14 Right of Way width (feet) == 50 . Tralee Drive, State Route Number 7211 From: Tralee PL., (Rt. 7213) To: Maynooth Ct., (Rt. 7214), a distance of: 0.23 miles. Recordation Reference: Pb. 155 Pg. 14 - Right of Way width (feet) == 50 . Maynooth Court, State Route Number 7214 From: Tralee Dr., (Rt. 7211) To: Cul-de-sac, a distance of: 0.03 miles. Recordation Reference: Pb. 155 Pg. 14 Right of Way width (feet) == 50 07-1047 11/14/07 Tralee Drive, State Route Number 7211 From: Maynooth Ct, (Rt 7214) To: Temp EOM, a distance of: 0.01 miles. Recordation Reference: Pb. 155 Pg. 14 Right of Way width (feet) = 50 And, further, the Board adopted the following resolution: WHEREAS, the streets described below are shown on plats recorded in the Clerk's Office of thE~ Circuit Court of .- Chesterfield County; and WHEREAS, the Resident Engineer for Department of Transportation has advised streets meet the requirements established by Street Requirements of the Virginia Transportation. the virginia this Board the the Subdivision Department of NOW, THEREFORE, BE IT RESOLVED, that this Board requests the Virginia Department of Transportation to add the streets described below to the secondary system of state highways, pursuant to Section 33.1-229, Code of. virginia, and the Department I s Subdivision Street Requiremen~ts. AND, BE IT FURTHER RESOLVED, that a clear and unrestricted right-of-way, necessary easements for cuts, fills and this Board guarantees as described, and any drainage. AND, BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. Project: Kings Grove 4 TVDe Chanae to the Secondary System of State Addition -- Reason for Change: Pursuant to Code of Virginia Street Name and/or Route New subdivision street ~33.1-229 . Kings Grove Drive, State Route Number 7130 From: Regal Grove Ln" (Rt. 7129) To: Kings Grove Tr., (Rt 7248), a distance of: 0.15 miles. Recordation Reference: Pb. 172 Pg. 44 Right of Way width (feet) = 44 . Kings Grove Terrace, State Route Number 7248 From: Kings Grove Dr., (Rt 7130) To: Cul-de-sac, a distance of: 0.03 miles. Recordation Reference: Pb. 172 Pg. 44 Right of Way width (feet) = 40 . Kings Grove Drive, State Route Nu mber 7130 From: Kings Grove Tr., (Rt 7248) To: Kings Grove Ct, (Rt 7249), a distance of: 0,05 miles. Recordation Reference: Pb. 172 Pg. 44 Right of Way width (feet) = 44 . Kings Grove Court, State Route Number 7249 From: Kings Grove Dr., {Rt. 7130) To: Cul-de-sac, a distance of: 0.07 miles. Recordation Reference: Pb. 172 Pg. 44 Right of Way width (feet) = 40 07-1048 Kings Grove Drive, State Route Number 7130 From: Kings Grove Ct., (Rt. 7249) To: Cul-de-sac, a distance of: 0.03 miles. Recordation Reference: Pb. 172 Pg. 44 Right of Way width (feet) = 44 Ayes: Humphrey, King, Sowder and Warren. Nays: None. Absent: Miller. 8.D.6. 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 ON WOODPECKER ROAD On motion of Mr. Sowder, seconded by Mr. King, the Board approved 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. (It is noted a copy of the plat is filed with the papers of this Board. ) Ayes: Humphrey, King, Sowder and Warren. Nays: None. Absent: Miller. 8.D.7. REQUESTS TO QUITCLAIM 8.D.7.a. 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. On motion of Mr. Sowder, seconded by Mr. King, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute a quitclaim deed to vacate two 30-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. (It is noted copies of the plats are filed with the papers of this Board.) Ayes: Humphrey, King, Sowder and Warren. Nays: None. Absent: Miller. 8.D.7.b. A PORTION OF A VARIABLE WIDTH VIRGINIA DEPARTMENT OF TRANSPORTATION SIGHT DISTANCE EASEMENT ACROSS THE PROPERTY OF TASCON-HARVEST GLEN, L.L.C. ,- On motion of Mr. Sowder, seconded by Mr. King, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute a quitclaim deed to vacate a portion of a variable width Virginia Department of Transportation sight distance easement across the property of Tascon-Harvest Glen, L.L.C. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Nays: Humphrey, King, Sowder and Warren. None. 07-1049 11/14/07 Absent: Miller. S.D.S. ACCEPTANCE OF PARCELS OF LAND S.D.S.a. FOR THE EXTENSION OF OAKLAKE COURT FROM BIOO IDEAS, LLC On motion of Mr. Sowder, seconded by ~1:r. King, the Board accepted the conveyance of a parcel of land, containing 0.012 acres, from Bigg Ideas, LLC, and authorized the County Administrator to execute the deed. (It is noted a copy of the plat is filed with the papers of this Board.) ".-" Ayes: Humphrey, King, Sowder and Warren. Nays: None. Absent: MilleJc. S.D.S.b. FOR THE EXTENSION OF HOLLY VIEW PARKWAY FROM CROWNE AT SWIFT CREEK ASSOCIATES On motion of Mr. Sowder, seconded by ]~1r. King, the Board accepted 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 authorized the County Administrator to execute the deed. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Humphrey, King, Sowder and Warren. Nays: None. Absent: Miller. -- S . D. S . c . FOR WATKINS CENTRE PARKWAY FROM GRAY LAND AND DEVELOPMENT COMPANY, LLC On motion of Mr. Sowder, seconded by r.1r. King, the Board accepted the conveyance of four parcels of land, containing a total of 2. 5~i7 acres, along Watkins Centre Parkway from Gray Land and Development Company, LLC, and authorized the County Administrator to execute the deed. (It is noted copies of the plats are filed with the papers of this Board.) Ayes: Humphrey, King, Sowder and Warren. Nays: None. Absent: Miller. S.D.S.d. ALONG THE NORTH RIGHT OF WAY LINE OF MIDLOTHIAN TURNPIKE FROM MIDLOTHIAN PARTNE~SHIP, LLP On motion of Mr. Sowder, seconded by Mr. King, the Board accepted the conveyance of a parcel of land, containing 0.909 acres, from Midlothian Partnership, LLP, and authorized the County Administrator to execute the deed. (It is noted a copy of the plat is filed with the papers of this Board.) - Ayes: Humphrey, King, Sowder and Warren. Nays: None. Absent: Miller. S . D. S . e . ALONG JEFFERSON DAVIS HIGHWAY FROM REGAL CINEMAS, INCORPORATED 07-1050 11/14/07 On motion of Mr. Sowder, seconded by Mr. King, the Board accepted the conveyance of two parcels of land, containing a total of 0.246 acres, along Jefferson Davis Highway from Regal Cinemas, Incorporated, and authorized the County Administrator to execute the deed. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Humphrey, King, Sowder and Warren. Nays: None. Absent: Miller. S.D.S.f. ALONG WOOLRIDGE ROAD FROM WHISPERING HOPE COMMUNITY CHURCH On motion of Mr. Sowder, seconded by Mr. King, the Board accepted the conveyance of a parcel of land, containing 0.362 acres, along Woolridge Road from Whispering Hope Community Church, and authorized the County Administrator to execute the deed. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Humphrey, King, Sowder and Warren. Nays: None. Absent: Miller. S.D.9. APPROVAL OF A WETLANDS MITIGATION AGREEMENT WITH COVERLY WETLANDS MITIGATION BANK On motion of Mr. Sowder, seconded by Mr. King, the Board authorized 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 hangars, taxiway and parking apron at the County Airport. Ayes: Humphrey, King, Sowder and Warren. Nays: None. Absent: Miller. S.D.10. REQUESTS FOR PERMISSION S.D.10.a. FROM CHRISTOPHER S. KARWACKI AND LEIA A. KARWACKI FOR A PROPOSED FENCE TO ENCROACH WITHIN AN EIGHT- FOOT EASEMENT ACROSS LOT 32, TANNER VILLAGE, SECTION C AT CHARTER COLONY On motion of Mr. Sowder, seconded by Mr. King, the Board approved a request from Christopher S. Karwacki and Leia A. Karwacki for permission for a proposed fence to encroach 3 feet into an B-foot easement across Lot 32, Tanner Village, Section C at Charter Colony, subj ect to the execution of a license agreement. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Humphrey, King, Sowder and Warren. Nays: None. Absent: Miller. 07-1051. 11/14/07 ~ 8 . D. 10 . b. FROM ISAAC W. WRIGHT AND ANDRE1~ WRIGHT FOR A PROPOSED FENCE TO ENCROACH WITHIN AN EIGHT-FOOT EASEMENT ACROSS LOT 31, TANNER YILLAGE, SECTION C AT CHARTER COLONY On motion of Mr. Sowder, seconded by Hr. King, the Board approved a request from Isaac W. Wright and Andrea Wright for permission for a proposed fence to encroach 3 feet into an B- foot easement across Lot 31, Tanner Village, Section C at Charter Colony, subj ect to the execut:ion of a license agreement. (It is noted a copy of the plat is filed with the papers of this Board.) -" Ayes: Humphrey, King, Sowder and Warren. Nays: None. Absent: Miller. 8.D.10.c. FROM TRAVIS WRIGHT AND SHERRY WRIGHT TO CONSTRUCT A GRAVEL DRIVEWAY WITHIN A FIF~rY-FOOT UNIMPROVED COUNTY RIGHT OF WAY On motion of Mr. Sowder, seconded by Hr. King, the Board approved a request from Travis Wright and Sherry wright for permission to construct a gravel driveway wi thin a 50-foot unimproved county right of way, subject to the execution of a license agreement. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Humphrey, King, Sowder and Warren. Nays: None. Absent: Miller. -' 8.D.11. 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 On motion of Mr. Sowder, seconded by Mr. King, the Board authorized Alltel to apply for conditional use or substantial accord for communications antennae to be installed on county property at Mid-Lothian Mines Park. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Humphrey, King, Sowder and Warren. Nays: None. Absent: Miller. 8.D.12. SET DATES FOR PUBLIC HEARINGS 8.D.12.a. TO CONSIDER A PROPOSED AMENDMENT TO THE ORDINANCE CREATING THE LOWER MAGNOLIA GREEN COMMUNITY DEVELOPMENT AUTHORIT'Y -' On motion of Mr. Sowder, seconded by Mr. King, the date of December 19, 2007 at 6:30 p.m. hearing for the Board to consider adoption amendment to the ordinance creating the Lower Community Development Authority. the Board set for a public of a proposed Magnolia Green Ayes: Humphrey, King, Sowder and Warren. Nays: None. Absent: MillElr. 07-1052 11/14/07 8.D.12.b. TO CONSIDER TAX EXEMPTION REQUESTS 8.D.12.b.1. FROM THE EPPINGTON FOUNDATION On motion of Mr. Sowder, seconded by Mr. King, the Board set the date of December 19, 2007 at 6:30 p.m. for the Board to consider the tax exemption request of The Eppington Foundation. Ayes: Humphrey, King, Sowder and Warren. Nays: None. Absent: Miller. 8.D.12.b.2. FROM CHESTERFIELD ALTERNATIVES, INCORPORATED On motion of Mr. Sowder, seconded by Mr. King, the Board set the date of December 19, 2007 at 6:30 p.m. for the Board to consider the tax exemption request of Chesterfield Alternatives, Incorporated. Ayes: Humphrey, King, Sowder and Warren. Nays: None. Absent: Miller. 8.D.12.b.3. FROM PATIENT SERVICES, INCORPORATED On motion of Mr. Sowder, seconded by Mr. King, the Board set the date of December 19, 2007 at 6:30 p.m. for the Board to consider the tax exemption request of Patient Services, Incorporated. Ayes: Humphrey, King, Sowder and Warren. Nays: None. Absent: Miller. 8.D.12.b.4. FROM COMMUNITY BASED SERVICES, INCORPORATED On motion of Mr. Sowder, seconded by Mr. King, the Board set the date of December 19, 2007 at 6:30 p.m. for the Board to consider the tax exemption request of Community Based Services, Incorporated. Ayes: Humphrey, King, Sowder and Warren. Nays: None. Absent: Miller. 8.D.12.b.5. FROM JOHNS FOUNDATION On motion of Mr. Sowder, seconded by Mr. King, the Board set the date of December 19, 2007 at 6:30 p.m. for the Board to consider the tax exemption request of Johns Foundation. Ayes: Humphrey, King, Sowder and Warren. Nays: None. Absent: Miller. 8.D.12.b.6. FROM RICHMOND GOODWILL INDUSTRIES, INCORPORATED On motion of Mr. Sowder, seconded by Mr. King, the Board set the date of December 19, 2007 at 6:30 p.m. for the Board to consider the tax exemption request of Richmond Goodwill Industries, Incorporated. Ayes: Humphrey, King, Sowder and Warren. Nays: None. Absent: Miller. 07-1053 11/14/07 i 8 .D.13. APPROVAL OF ASSIGNMENT OF PURCHA!;E CONTRACT FROM DEMPSEY L. BRADLEY, SR. TO BMECH,~~ On motion of Mr. Sowder, seconded by Hr. King, the Board approved the assignment of a purchase contract, for the sale of approximately 2 acres located on virginia pine Court in the Airport Industrial Park, from Dempsey L. Bradley, Sr. to BMECH, LLC. Ayes: Humph:cey, King, Sowder and Warren. Nays: None. Absent: Miller. -.../ 8.D.15. APPROVAL OF DESIGN, AUTHORIZATION TO PROCEED WITH RIGHT-OF-WAY ACQUISITION AND CONl3TRUCTION, AND AUTHORIZATION TO AWARD CONSTRUCTION CONTRACTS FOR THE CHALKLEY ROAD SHOULDER (ROUTlE: 10 TO BECKINHAM DRIVE) AND CURVE REALIGNMENT (AU~rUMN OAKS) PROJECT On motion of Mr. Sowder, seconded byMr . King, the Board approved the design for the Chalkley Road shoulder (Route 10 to Beckinham Drive) and curve realignment (Autumn Oaks) proj ect; authorized staff to proceed with right-of-way acquisition for the project, including" advertising of an eminent domain public hearing, if necessary, and construction of the project; and awarded a construction contract, up to a combined $530,000 total, to the lowest responsible bidder(s). Ayes: Humphrey, King, Sowder and Warren. Nays: None. Absent: Miller. Mr. Miller returned to the meeting. - The following item was removed from the Consent Agenda for public comment: 8.D.14. AWARD OF CONTRACT FOR MANAGEMENT CONSULTING SERVICES TO CONDUCT A MANAGEMENT STUDY FO~ CHESTERFIELD COUNTY Mr. Ron Hall requested that the Board defer the award of this contract and let the new Board determine the scope of the management study. In response to Mr. Warren's question, Mr. Stegmaier stated there is no problem in deferring this issue to the new Board. He further stated the current Board requested the specific terms of the proposed audit, and the new Board would have the benefit of that information. He further stated, within the limits of the request for proposal, staff may be able to renegotiate with the contractor to include a varying scope from what has been defined at this time. Mr. Sowder stated it should be emphasized that the current Board was thE? one that ini tia ted the audi t procedure in the -- beginning. In response to Mr. Sowder's questions, Mr. Lassiter stated the request for proposal was provided to over 100 firms, advertised on the county's web site and In the Richmond Times-Dispatch. He further stated 11 proposals were received, and final negotiations and interviews were done wi th six firms before selecting Management Consulting Services. He stated the Board directed staff to proceed with 07-1054 11/14/07 an RFP to evaluate county management practices and procedures, contracting procedures and processes, and to identify opportunities for cost savings. On motion of Mr. Warren, deferred Item B.D.14., Consulting Services to Chesterfield County until seconded by Mr. King, Award of Contract for Conduct a Management January 9, 200B. the Board Management Study for Ayes: Miller, Humphrey, King, Sowder and Warren. Nays: None. 9 . REPORTS 9. A. REPORT ON DEVELOPER WATER AND SEWER CONTRACTS 9 . B. REPORT ON STATUS OF GENERAL FUND BALANCE, RESERVE FOR FUTURE CAPITAL PROJECTS, DISTRICT IMPROVEMENT FUNDS AND LEASE PURCHASES On motion of Mrs. Humphrey, seconded by Mr. King, the Board accepted the following reports: a Report on Developer Water and Sewer Contracts; and a Report on the Status of General Fund Balance, Reserve for Future Capital Projects, District Improvement Funds and Lease Purchases. Ayes: Miller, Humphrey, King, Sowder and Warren. Nays: None. 10. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED MATTERS Mr. Quenton Lee expressed appreciation to the Board and the Police Department for assistance provided for the Midlothian Village Day Parade. Ms. Karen Bagley expressed appreciation for the Chesterfield County Block Grant funding for renovations of her mother's residence and others in the Winterpock community. Mrs. Brenda Stewart expressed concerns relative to the cost to the county of property for school sites. She stated the management study contract is designed to exclude review of questionable land deals. 11. DINNER On motion of Mrs. Humphrey, seconded by Mr. Sowder, recessed to the Administration Building, Room dinner. the Board 502, for Ayes: Miller, Humphrey, King, Sowder and Warren. Nays: None. Reconvening: 12. INVOCATION Reverend Roy Brown, Associate Minister, Ministries, gave the invocation. New Direction 07-1055 11/14/07 13 . PLEDGE OF ALLEGIANCE TO THE FLAG OF 'l~HE UNITED STATES OF AMERICA Eagle Scout Brian Pool led the Pledge of Allegiance to the flag of the United States of America. 14. RESOLUTIONS 14.A. RECOGNIZING BOY SCOUTS UPON ATTAINING THE RANK OF EAGLE SCOUT -- 14.A.1. BRIAN THOMAS POOL, MIDLOTHIAN DISTRICT 14.A.2. MICHAEL HOUSTON HARPE, MIDLOTHI~~ DISTRICT 14.A.3. MATTHEW KEITH MURDOCK, MIDLOTHI~~ DISTRICT Mr. Kappel introduced Mr. Brian Pool, Mr. Michael Harpe and Mr. Matthew Murdock, who were present to receive resolutions. On motion of the Board, the following resolution was adopted: WHEREAS, the Boy Scouts of America was incorporated by Mr. william D. Boyce on February B, 191Cl, 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 tWE!:nty-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 Bl1, sponsored by the Episcopal Church of the Redeemer, and Mr. Michael Houston Harpe and Mr. Matthew Keith Murdock, both of Troop BOO, 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 citizenship, 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. Ayes: Miller, Humphrey, King, Sowder and Warren. Nays: None. 07-1056 11/14/07 Mr. Sowder presented executed resolutions and patches to each of the Eagle Scouts, congratulated them on their outstanding achievements, and wished them well in future endeavors. Mr. Pool, Mr. Harpe and Mr. Murdock each provided details of their Eagle Scout projects and expressed appreciation to their parents and others for their support. - 15. PUBLIC HEARINGS 15.A. TO CONSIDER PROPOSED AMENDMENTS TO COUNTY CODE SECTIONS 19-65 AND 19-124 RELATING TO THE OPERATIONS OF MOTORCYCLES, ATVS AND GO-CARTS ON AGRICULTURAL AND RESIDENTIAL PROPERTY Senior Zoning Inspector Ted Barclay stated the Planning Commission recommended approval of the proposed ordinance with a modification to add the word "improved" in front of the word "path." He further stated this ordinance will regulate creation of tracks and paths, but will not regulate the operation of motorcycles, go-carts, and ATVS on residential property, provided there are no physical improvements, such as lights, tracks, or pavement. He stated the ordinance would prohibi t the creation of a track wi thin 1,000 feet of residential property on agricultural zoned property. He provided a photo and video-clip of a motorcycle track on agricultural property located behind a neighborhood off of Harrowgate Road. Mr. King stated this ordinance does not prohibit anyone riding a motorcycle or go-cart on residential property, is strictly about improved tracks. from but In response to Mr. Miller's question, Mr. Barclay stated if staff determines that individuals have created a path or track from continuous riding, this would be a violation of the proposed ordinance. In response to Mr. Sowder's question, Mr. Barclay stated the track shown in the photo and video-clip would be allowed to stay because it was created prior to approval of the proposed ordinance. In response to Mr. Miller's question, Mr. Barclay stated he has benchmarked with other localities, and no other locality was aware of how to address the noise problems from this type of vehicle. He further noted that the county already has a noise ordinance, which is enforced by the Police Department. In response to Mr. Miller's question, Mr. Micas stated there was not enough evidence to determine the impact of dust from this type of activity on medical conditions, indicating that this would be difficult to determine because of the intermittent use. Mr. King stated residents should not be allowed to build a track 25 feet from their neighbor's bedroom. Mr. Miller called for public comment. 07-1057 11/14/07 Ms. Renee Eldred, a resident of the Bensley community, stated her children could create a track within half a day in their back yard, indicating that the proposed ordinance is not going to work. She further stated takinq away the rights of the existing residents who ride go-carts in their backyards is wrong. In response to Mr. Miller's question, Ms. Eldred stated it comes down to being good neighbors, and this is where all the problems begin. -' Mr. King stated there has to be some mechanism to protect the rights of those people who have made investments in their property. He further the ordinance wi 11 prohibi t someone from creating a racetrack within 25 feet of residential property. Ms. Samantha Mentor expressed concern~3 that the current proposal will not work, indicating it is not fair to the children who enj oy this acti vi ty in lieu of doing drugs or getting into trouble. She stated a solution, which is balanced for all residents, should be considered. There being no one else to address the issue, the public hearing was closed. Mr. King made a motion, seconded by Mr. Hiller, for the to adopt ordinance amendments to County _ Code sections and 19-124 relating to the operations of motorcycles, and go-carts on agricultural or residential property. Board 19-65 ATVs There was brief discussion concerning the 1,000-foot proposed distance between a track and residential property. '- Mrs. Humphrey communities are challenges. expressed concerns being built, and that this more residential lS presenting some Mr. Micas stated the ordinance would not preclude random riding. Mr. King stated the proposed ordinance is directed at tracks being built next to homes. In response to Mrs. Humphrey's question, Mr. Barclay stated the 1,000 feet proposal was staff's attempt to establish a distance that was enough to mitigate the noise, the dust, and the impact. He further stated the county's current noise ordinance is enforced by the Police Depar:ment. Mr. Miller called for seconded by Mr. Miller, ordinance: a vote on the motion of Mr. King, for the Board to adopt the following - 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: 07-1058 11/14/07 (1) That Sections 19-65 and 19-124 of the Code of the County of Chesterfieldl lJJ7, ~s ~mended, 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-BB 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 I 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 30-day period. (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 07-1059 11/14/07 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 premises other than live on the premises, be permitted to work on family member employees the that (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 extl2rnal 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, ei ther in the rear yard or so that its view is screened from adj acent properties or public roads, and - (6) No assembly or group instruction shall be permitted wi t:h 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 vl:=hicle or public service vehicle provided that no such vehicle shall exceed 10,000 pounds, have more than two 07-1060 1.1/1.4/07 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. (g) Motorcycle, go-cart, all-terrain vehicle or similar type vehicle operation, provided as follows: - (1) the operation of the vehicle is not on an improved track or improved path; and (2) no physical improvements are provided related to the operation of the vehicle including lights, pavement, grading, grandstand or other improvements. 000 Sec. 19-124. Uses per.mitted 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 relati ve to archi tectural treatment and screening of mechanical equipment. 07-1061 11/14/07 (5) At such time as the antennae ceases to be used for comrr:unications 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 premises other than live on the premises, be permittE~d to work on family member employees the that "- (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 tor 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 unloadlng, ei ther 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) Motorcycle, go-cart, all-terrain vehicle or similar type vehicle operation, provided as follows: (1) the operation of the vehicle is not on an improved track or improved path located within 1000 feet of residentially zoned property; and (2) 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. Ayes: Miller, Humphrey, King, Sowder and Vifarren. Nays: None. 07-1062 11/14/07 lS . B. TO CONSIDER PROPOSED ADJUSTMENTS TO PLANNING DEPARTMENT SUBDIVISION REVIEW FEES Mr. Glenn Larson, Assistant Director of Planning, stated this date and time has been advertised for a public hearing for the Board to consider proposed adjustments to Planning Department Subdivision Review fees. He further stated staff recommends a fee adjustment that would bring subdivision fee revenues to the county's BO percent cost "coverage" target. He stated the Planning Commission, as it has done with past fee adjustment proposals, established a commi ttee to assist in their review. He further stated 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 FY2007-08 budget, and staff projects that this alternative would generate fee revenues that would cover approximately 63 percent of projected subdivision review costs for the remainder of FY2007-08. He stated the Planning Commission recommended that the Board adopt Planning Department subdivision fee adjustments, as suggested by the Subdivision Fee Committee. Mr. Miller called for public comment. Mr. Tyler Craddock, representing the Homebuilders Association of Richmond, stated he supports the proposal of the Subdivision Fee Review Committee and the Planning Commission. There being no on one else to address the issue, the public hearing was closed. In response to Mr. Sowder's question, Mr. Larson stated substantial changes to subdivision review fees were last made in FY2004. In response to Mr. Miller's question, Mr. Larson stated if no adjustments are made, 45 percent of the cost of subdivision reviews would be covered. He further stated the Planning Commission recommends that 63% be covered, and staff recommends 80% per county policy. He stated, in 2002, the Board established a policy that BO% of staff costs be covered through fees. Mr. Miller expressed concerns relative to taxpayers subsidizing the subdivision review process, indicating that he does not understand why the county would not be prepared to adopt a fee that would cover more than 63 percent of the costs associated with the review process. Mr. Miller then made a motion, seconded by Board to adopt staff's proposed ordinance, subdivision fee revenues to the county's "coverage" target. Mr. King, for the which would bring BO percent cost Mr. Sowder suggested Planning Department fees should be reviewed on an annual basis in the future, indicating that reviewing them every three to four years is not practical. Mr. Miller called for a vote on his motion, seconded by Mr. King, for to the Board adopt the following ordinance: 07-1063 11/14/07 AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING AND RK-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 Chesterfield, 1997, read as follows: 17-11 of the Code_ of the County of as amended, is amended and re-enacted to -- 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 fi ling the following applications: (a) Alternatives to chapter per ~ 17-B . . $700.00 Plus any applicable plat review fee (b) $400.00 Appeal of decision of director of planning (c) Deferral request by applicant for planning commission consideration of plat, per request: (1) 40 or fewer days . . $2:;0.00 (2) More than 40 days. . . $150.00 '---r (d) Final check, amended and resubdivision plat review: (1) Final check subdivision plat review $1,100.00 (Only one base fee will be required for final check plats required to be submitted in multiple sections per ~ 17-42.) Plus, per lot. . . $20.00 (2) Final check resubdivision plat review $900.00 Plus, per lot. . . $20.00 (3) Final check amended plat review . $900.00 Plus, per lot . . $20.00 (e) Minor subdivision plat reVlew . $400.00 ..-< (f) On,si te sewage review, per lot/parcel . disposal system soils . $155.00 analysis (g) Parcel line modification review, per parcel $50.00 (h) Residential parcel subdivision, per parcel $60.00 07-1064 11/14/07 (i) Tentative subdivision approval, or resubmittal of an expired previously approved tentative: ( 1) Original approved plat for including submittal, renewal of previously tentative plat or adjusted tentative previously approved tentative plat, up to two resubmittals . $BOO.OO Plus, per lot . $30.00 (2) Third and subsequent submittal, per submittal . $700.00 (3 ) submittal Substitute to . $100.00 approved tentative, per (j) 17-32(d) Townhouse plan transfer to electronic format per ~ . $BO.OO (k) Written verification subdivision interpretation . of subdivision $75.00 or written (2) That this ordinance shall become effective irmnediately upon adoption. Ayes: Miller, Humphrey, King, Sowder and Warren. Nays: None. 15 . C . TO SOLICIT COMMENT ON ILLEGAL IMMIGRATION IN CHESTERFIELD COUNTY Ms. Dickson stated this date and time has been advertised for a public hearing for the Board to solici t public comment on the recommendations contained in the Illegal Immigration Report and to articulate other potential options and opinions with respect to illegal immigration in Chesterfield County. Mr. Miller called for public comment. Ms. Margaret Davis stated illegal immigration is not just a county lssue, indicating that state and federal officials should be addressing this issue, as well. She further stated English is the American language and should be the only language that is recognized. She stated stricter regulations should be placed on rental property, and social services should only be utilized by legal residents of Chesterfield County. ...,...., Ms. Mary Lou Marple stated she does not condone breaking the law, but extenuating circumstances bring immigrants here. She further stated there needs to be a workable solution for the estimated 12 million undocumented immigrants who have become the foundation of the service industry, agriculture and construction in this country. She suggested the possibili ty of a guest worker visa, with criteria developed to provide these workers an opportunity to become U.S. citizens. Mr. Carlos Ojedo stated immigrants contribute to the local economy, and they pay federal, state and local taxes. He further stated immigrants come here to work and provide for their families, which they could not have done in their homeland. 07-1065 11/14/07 Ms. Katharine Anderson stated it has become a commonly accepted misconception that most immigrants are Hispanic and here illegally, and that they take jobs away from Americans, do not pay taxes and do not want to learn English, when in fact economic impact studies have found just the opposite to be true. She further stated that the Council of Economics Advisors report states that immigrants are a critical part of the U. S. workforce and contribute to producti vi ty, growth, and technol09Y advancement. She requested that the Board defer any vote in response to the report presented on September 26, 2007 and explore the costs associated with illegal immigTants. ..-' Mr. Cam Morris stated immigration will destroy this indicating that the number of illegal immigrants country is unbelievable. country, in this Msgr. Mike Schmied, Saint Augustine Catholic Church, requested that the Board continue to foster the collaboration between county agencies, the immigrant community and the private sector. John Kwapisz, representing the Virginia Immigration Reform Political Action Committee (VIRPAC), stated VIRPAC welcomes all legal immigrants that have respected our laws and who desire to become a part of our nation, state and community. He further stated the primary cost of immigrants is, in fact, at the state and local level. He further stated the Board has a number of proposals to explore. Ms. Dorothy Bedard stated the economies of individual states and the United States as a whole benefit from immigration. <_/ Ms. Karen Ojeda stated everyone has dreams and hopes, regardless of whether they are immigrants or American-born. She further stated the immigrants want to be a part of the American dream and to contribute to th3 prosperi ty of this country. Mr. Thomas Clearly stated everyone should live in peace and help one another. He further stated that no one should be denied privileges or responsibilities. He requested that the Board take no actions related to illegal immigration. Mr. Gerald Sakats stated compliance with the law is everyone's responsibility, indicating that the county should not eliminate proper requirements and allow people to become a burden to society. Mr. Fidel Rubio stated immigration is one of the most important social issues facing our count.:ry today. He further stated immigration impacts every community in the nation. He stated he supports a comprehensive immigration reform. -' Mr. Horecto Harris stated it would be better to have a commission of people who are interested in this issue come to the Board and provide more information. He further stated the immigrants are no different then anyone else; they pay taxes and learn to speak English. Ms. Carmen Williams stated the county should not waste time and resources on illegal immigration because this is a 07-1066 11/14/07 federal issue. She further stated the immigrants are willing to learn English. Ms. Julia Torres Barden stated she would like to see from Chesterfield County be one of the first counties in the United States to think about diplomacy versus discipline, indicating that perhaps a multi-cultural advisory commission could assist with the challenges. Mr. Michel Zajur stated the Board should be proactive towards this problem. He stated Hispanics are working in every industry and fueling the economy in Chesterfield and the Metro Richmond area. In response to Mr. Warren's question, Mr. Zajur stated universities and communities want to be more diverse and to build a creative economy, with different ide's and individuals who can speak multiple languages. He further stated he would work with the county in anyway possible regarding this issue. Ms. Judy Meeks stated there is a great misunderstanding about those who are against illegal immigration. She further stated she is against anyone breaking the law by coming into this country undocumented. Mr. Ken Miller stated there has been no effort to offset the cost of providing services to undocumented immigrants with the benefit of tax revenue collected from these irmnigrants. He further stated he is surprised that the Board would consider acting on items that might negatively affect the lives of the immigrants without fully knowing the future impact or posi ti ve benefits the immigrants provide to the county. Mr. Kendrick Hall appealed to Mr. Warren to defer the and let the new Board study it further. He stated the should adopt an ordinance urging the placement memorandum. issue Board of a Mr. Rolando Molina stated illegal immigration is a federal issue and should not be addressed on the local level. He further stated it is difficult for someone who comes here from another country to learn to speak English. Ms. Marilyn Breslow stated much emphasis has been put on the cost of immigration, and it appears that the study only looked at costs and not benefits. She further stated there are many studies that show the net gain from immigration. She noted that this country has been built on immigrant labor. - Mr. Benjamin Arredondo it the people who grew up in further the immigrants themselves. is his understanding that most of this country are immigrants. He want an opportuni ty to prove Ms. Jen Hellrung stated this issue is all about resources, and everyone knows the county has limited resources. She further stated it is not about race; it is about not having enough money to go around. She stated, if the county is going to have adequate resources, we must do things to discourage people from residing here illegally. 07-1067 11/14/07 Ms. Claudia Garay pleaded with the Board to let the immigrants be a part of Chesterfield County. Ms. Nancy Finch suggested that some type of group be created to study this issue so that the county does not take action that would be regretted. Ms. Rebeca Ar:'ias stated she supports immigration, whether it is illegal or legal. She further stated if everyone had the chance to be legal, everyone would be willing to pay the price. She stated that if illegal immigrants are sent back to Mexico, a lot of jobs will be empty. -- Mr. John Kuzak stated the Hispanic culture is a very hard working culture. He stated provided details of a proposal designed to provide illegal immigrants a path to citizenship through a one-year transition plan. Mr. Wayne PaJ~tin stated he does a lot of work that Americans are not willing to do. He further stated he does not fault the Hispanic culture for trying to make a better life for themselves. He stated it is important for the Board to stand for the immigrrants. Mr. Buz Grossberg stated his business would not be where it is today without the Hispanic community. He stated the only difference between an illegal immigrant and an immigrant is luck. He stated the immigrants are nE~eded to do the work that the American people are not willing to do. In response to Mr. King'S question, Mr. Grossberg stated he does not believe that any of his workers are here illegally. '..-' Mr. King stated, when the Chairman brought this issue forward, it was not about the Hispanic community. Mr. Bland Franklin stated the issue is not about immigrants; it is about illegal immigrants. He further stated border laws need to be enforced to maintain order and fairness. He stated it is not fair to taxpayers to have to support illegal immigrants. Ms. Amanda Healy provided details of stated and federal fair housing laws. She stated it is important to remember that not every overcrowded home is occupied by immigrants, legal or otherwise. Mr. Alberto Torres stated immigrants come States looklng for jobs and liberty. He immigrants work very hard, indicating that if work together, this problem would be resolved. to the United further stated everyone would Ms. Maria Barral stated Hispanics bring riches to our county. She further stated if you come from a poor country, it is very difficult to get a visa. ---' Ms. Courtney Day stated it should not matter whether you are legal or illegal, indicating that everyone should have opportunities to make a better life. Ms. Brenda Stewart stated this issue is not about keeping out immigrants; it is about illegal activity. She further stated 07-1068 11/14/07 the county has procedures in place that provide for guest workers and agricul tural workers. She stated bad th' hap h . d' . d 1 lngs . pen w en In lVl ua s are allowed to choose what laws they wlll obey. She stated this county and its citizens must percol~te up to ~he state and federal level the absolute necesslty for actlng to control illegal immigration. She further stated immigration laws are needed to maintain control of our republic. .- Ms. Jacqueline Navarro stated everyone should speak English and Spanish. There was a brief dialogue between a member of the audience and Mr. Miller relative to plans for the county to utilize the federal electronic variation program for applications for employment. There being no one else to speak to the issue, the public hearing was closed. Mr. Miller stated the Board does not intend to vote on any issues related to this topic at this time, but will be considering the issues in the future. 15.D. TO CONSIDER THE FY2009 FOXCROFT LANDSCAPING ENHANCEMENT PROJECT Mrs. Humphrey stated this is an additional request for the county's enhancement project list at the request of Senator Martin. Mr. Eric Foxcroft, project. Hodges, President of the Homeowners' Association of thanked the Board and staff for considering this Mr. Miller called for public comment. No one came forward to speak to the issue. On motion of Mr. Humphrey, seconded by adopted the following resolution Department of Transportation approval local match for the Foxcroft Landscaping Mr. Sowder, the Board requesting Virginia and guaranteeing the Project: WHEREAS, in accordance Transportation Board (CTB) procedures, it is necessary that request, by resolution, approval project. with the Commonwealth construction allocation the local governing body of a proposed enhancement _. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Chesterfield County requests the CTB establish a project for Foxcroft Landscaping. AND, 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 proj ect, 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 07-1069 11/14/07 through the date the Department is notified of such cancellation. And, further, the Board authorized 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. (Note: If the project is approved and funded by VDOT, staff will return to the Board with an identified source for the proposed required match of $30,000.) -.-' Ayes: Miller, Humphrey, King, Sowder and Warren. Nays: None. 15. E. TO CONSIDER AN AMENDMENT TO THE TAX RELIEF FOR THE ELDERLY AND DISABLED ORDINANCE CONCERNING PROPERTY OWNED AS TENANTS IN COMMON BY BOTE[ QUALIFYING AND NON- QUALIFYING PERSONS Mr. Micas stated the 2000 General Asserr~ly made a change in local programs for tax relief for the elderly. He noted that the amendment will only affect property that is held in common by both qualifying and non-qualifying persons. He further stated, of the 2,500 eligible residents, only two will be affected by this change. He stated those two people have been informed by the Commissioner of Revenue that, if they change their method of ownership, they would continue full eligibility. In response to Mr. Miller's question, IJIr. Micas stated that some localities were denying tax relief if one of the members of the couple were non-qualifying. He further stated Chesterfield County gave full tax relief if one of the persons qualified. ,........; Mr. Miller called for public comment. No one came forward to address the issue. On motion of Mr. King, seconded by Mrs. Humphrey, the Board adopted the following ordinance: 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 County of Chesterfield, 1997, as amended, is amended and re-enacted by adding a ne~T subsection (b) to read as follows: -"'.' Sec. 9-24. Restrictions and conditions. (a) Notwithstanding any other provision of this chapter, a dwelling or manufactured home, and up to one acre of land upon which ei ther is situated may be temporarily exempted from taxation when any such property is owned 07-1070 11/14/07 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, ~ 5B.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 lS 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, wi thin a three-year period prior to or after the relative moves into the residence, transferred to the caregiving 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 exceed $169,100.00. (b) If the property described in (a) above is jointly held by an owner: 1) who is not the spouse of a qualifying owner, 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 property, the qualifying owners will continue to qualify for an exemption, as calculated in the next sentence of this subsection (b), if all of the joint owners occupy the property as their sole dwelling and the combined financial worth of all such joint owners, including the present value of all equitable interests (and computed wi thout exclusion for the dwelling or any other asset notwi thstanding the provisions of subsection (a)) does not exceed $324,075 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 07-1071 11/14/07 numerator the percentage of ownership interest in the property held by all joint owners who qualify by age or disability and their spouses and, as a denominator, 100%. (2) That this ordinance shall become effective immedi_ately upon adoption. Ayes: Miller, Humphrey, King, Sowder and Warren. Nays: None. -' 16. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED MATTERS Ms. Dawn wilson stated, since 2002, exterminating thousands of black vultures has not been an effective control method. She requested that administrators consider a more permanent moratorium on the lethal take of the birds. Mr. Mike Wilson stated the lethal take of vultures at Dutch Gap is not an effective solution, and there are many non- lethal measures that have not been tried. Ms. Nicole Jordan stated only non-lethal means should on the vultures and requested that the county try these birds under control using other measures. be used to get Dr. Jane DiCocco reques ted violence to address the alternatives can be used. tha t the vulture county not resort to lssue, when other Dr. Mark Di.Cocco stated the vul tures deserve a better - alternative than execution. 17 . ADJOURNMENT On motion of Mr. Sowder, seconded by Mr. Humphrey, the Board adjourned at 9:17 p.m. until November 2B, 2007 at 3:00 p.m. Ayes: Miller, Humphrey, King, Sowder and Warren. Nays: None. -' ;;~ aier Administrator 07-1072 11/14/07