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12/19/2007 MinutesBOARD OF SUPERVISORS MIN[TTES December 19, 2007 r ~_~ • • Supervisors in Attendance: 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 Supervisor Absent: Mr. Kelly E. Miller, Chairman Staff in Attendance: Ms. Janice Blakley, Clerk to the Board Mr. Kevin Bruny, Dean of Chesterfield University 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. Will Davis, Dir., Economic Development Ms. Rebecca Dickson, Dep. County Administrator, Human Services Colonel Thierry Dupuis, Police Department Mr. Robert Eanes, Asst. to the County Administrator Captain Richard Eggleston, Sheriff's Department Mr. Michael Golden, Dir., Parks and Recreation Mr. Lawrence C. Haake, III Registrar Mr. John W. Harmon, Right-of-Way Manager Mr. Russell Harris, Mgr. of Community Development Services Mr. H. Edward James, Dir., Purchasing Mr. Donald Kappel, Dir., Public Affairs Mr. Rob Key, Director, General Services Ms. Mary Lou Lyle, Dir., Accounting Chief Paul Mauger, Fire Department Mr. Richard M. McElfish, Dir., Env. Engineering Mr. Steven L. Micas, County Attorney Mr. Francis Pitaro, Acting Deputy County Admin., Management Services Mr. M. D. Stith, Jr., Deputy County Admin., Community Development Mr. Kirk Turner, Dir., Planning Mr. Scott Zaremba, Asst. Dir., Human Resource Mgmt. 07-1110 12/19/07 Mrs. Humphrey called the regularly scheduled meeting to order at 3:02 p.m. 1. APPROVAL OF MINUTES FOR NOVEMBER 28, 2007 On motion of Mr. King, seconded by Mr. Sowder, the Board approved the minutes of November 28, 2007, as submitted. Ayes: Humphrey, King, Sowder and Warren. Nays: None. Absent: Miller. 2. COUNTY ADMINISTRATOR'S COMMENTS o RE-ACCREDITATION OF THE CHESTERFIELD COUNTY POLICE DEPARTMENT BY THE VIRGINIA LAW ENFORCEMENT PROFESSIONAL STANDARDS COMMISSION Mr. Stegmaier requested Colonel Thierry Dupuis to introduce Mr. Gary Dillon, the Accreditation Manager for the Department of Criminal Justice Services Commission. Colonel Dupuis introduced Mr. Dillon who stated the Chesterfield County Police Department has been an accredited agency for a number years and explained the importance of this matter within the organization, which is another example of professionalism the Police Department displays and the standards needed to be met on a daily basis. Mr. Dillon explained that this was the second time he has stood before the Board, the first being to recognize the Chesterfield County Sheriff's Office for their successful re- accreditation. He recognized the Police Department for its continued commitment to law enforcement excellence as evidenced by the successful completion of the re- accreditation process for the Virginia Law Enforcement Professionals Standards Commission. He congratulated Colonel Dupuis, David Biller, Accreditation Manager and the men and women of the Police Department, for their hard work, perseverance and dedication to excellence in completing this process. He then presented a plaque to Colonel Dupuis, on behalf of the Virginia Law Enforcement Professional Standards Commission, for the Chesterfield County Police Department's continued dedication to law enforcement professionalism and service to the community through maintenance of accredited status since August 1998. Mr. Stegmaier reiterated that a re-accreditation is a big accomplishment and restated the Sheriff's Department is also accredited. He stated it is another example of the quality of people in the county and the excellence of public service provided to our citizens. 3. BOARD MEMBER REPORTS Mr. King thanked staff for making the last four years a wonderful experience. He commended the quality of staff in Chesterfield County. He thanked the staff for allowing the Board to serve with them. 07-1111 • • • 12/19/07 i • • • 4. REQUESTS TO POSTPONE AGENDA ITEMS AND ADDITIONS, OR CHANGES IN THE ORDER OF PRESENTATION On motion of Mr. King, seconded by Mr. Sowder, the Board replaced Item 8.8.7, State Road Acceptance; added Item 8.B.16.a.7., Transfer of District Improvement Funds from the Bermuda Clover Hill, Dale, Matoaca and Midlothian Districts to the Chesterfield county Cooperative Extenstion Department to purchase the educational booklet "Living in Your watershed" for Chesterfield County School students, added Item 8.B.16.b.6., Transfer of District Improvement Funds from the Dale District Improvement Fund to the Chesterfield County Sheriff's Department to purchase a palm scanning device for the Department; added Item 8.B.16.b.7., Transfer of District Improvement Funds from the Dale District Improvement Fund to the Chesterfield 2007 Program Account to assist with costs which were incurred in Excess of budget for "Chesterfield 2007," the celebration of the 400th Anniversary of the Founding of Jamestown; added Item 8.B.16.e.2., Transfer of District Improvement Funds from the Midlothian District Improvement Fund to the Parks and Recreation Department to make field improvements to the existing baseball field at James River High School; added Item 8.B.16.f., Transfer of District Improvement Funds from the Matoaca and Dale District Improvement Funds to the Health Department to purchase laptops for the Public Health Nurses working in Chesterfield County Schools; added Item 8.B.16.g., Transfer of District Improvement Funds from the Bermuda District Improvement Fund to the Police Department for traffic control during the Chester Kiwanis Club's Annual Christmas Parade; replaced Item 9.B., Report on Status of General Fund Balance, Reserve for Future Capital Projects, District Improvement Funds and Lease Purchases, to correct the District Improvement Fund balances; added Item 14.G, Resolution Recognizing Complete Interior Package, Second Branch Baptist Church and Kings Korner for Their Contributions to the Extreme Makeover Project in Farmville, Virginia. Ayes: Humphrey, King, Sowder and Warren. Nays: None. Absent: Miller. 5. RESOLUTIONS AND RECOGNITIONS 5.A. RECOGNI FIRE AN Chief Mauger was present, resolution. DEPUTY CHIEF R. MICHAEL HATTON, R[3F.NC'Y MEnICAL SERVICES DEPARTMENT RET introduced Deputy Chief R. Michael Hatton, who along with members of his family, to receive the On motion of the Board, the following resolution was adopted: WHEREAS, Deputy Chief R. Michael Hatton retired from the Chesterfield Fire and Emergency Medical Services Department, Chesterfield County, on December 1, 2007; and WHEREAS, Deputy Chief Hatton attended Recruit School #11 in 1981 and has faithfully served the county for over 27 years in various assignments as a career firefighter at the Ettrick and Dale Fire and EMS Stations; as a company officer at the Dutch Gap and Dale Fire and EMS Stations; as a training officer in the Training and Safety Division; as a senior captain administrative officer; as a battalion chief of the southern battalion, as county fire marshal; and as Deputy Chief of Support Services and Management Services; and 07-1112 12/19/07 WHEREAS, Deputy Chief Hatton was recognized as "Rookie of the Year" in 1981; and WHEREAS, Deputy Chief Hatton was recognized with an Emergency Medical Services Award for his actions on January 15, 1989, for his role in saving the life of a citizen and was also recognized with a Unit Citation for his actions on September 13, 1993, when he assisted in the extrication of police officers trapped in a vehicle underneath a commercial dumpster truck, and an EMS Unit Citation for his actions on November 19, 1996, for his role in saving the life of a citizen; and WHEREAS, Deputy Chief Hatton received his certification as a Cardiac Technician in 1991, as a nationally registered Paramedic in 1996, and as a Certified Virginia Fire Official in 2001; and WHEREAS, Deputy Chief Hatton has served as the Regional Chair of the FEMA Region III, and National Chair of the Metro-section of the U.S. Fire Administration's Prevention Advocacy Resources and Data Exchange; and NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 19th day of December 2007, publicly recognizes the contributions of. Deputy Chief R. Michael Hatton, expresses the appreciation of all residents for his service to the county, their congratulations upon his retirement, and their best wishes for. a long and happy retirement. AND, BE IT FURTHER RESOLVED that a copy of this resolution be presented to Mr. Hatton and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Ayes: Humphrey, King, Sowder and Warren. Nays: None. Absent: Miller. Mrs. Humphrey presented the executed resolution, acrylic statue and watch to Deputy Chief Hatton, accompanied by members of his family, expressed appreciation for his dedicated service and congratulated him on his retirement. Mr. Hatton expressed appreciation to the Board for the recognition. 5.B. RECOGNIZING CHESTERFIELD COUNTY EMPLOYEES OF THE YEAR Ms. Curtin introduced the 2007 employees of the year, who were as follows: Name Tara Baldwin John a. Capoccelli Donna R. Clark Deborah Eggleston Jason Enoch Department Environmental Engineering Police Department Purchasing Internal Audit General Services Joanna (Jody) P. Enoch Health Department 07-1113 12/19/07 • i• • •i •i r Rebecca Fitzke Building Inspection Charlotte Goins Utilities Steven Haasch Planning Eldridge Hainesworth Youth Group Home Darrell J. Jones Juvenile Detention Home Alexis Logan Emergency Communications Doug Malaspino Office of Security David F. Miller Community Corrections & Pretrial Services (Note: Could not attend the meeting.) Dr. Mark Miller MH/MR/SA Kevin Moran Fire & EMS James Nankervis Juvenile Probation/CSU Debbie Newcomb County Administration Janet K. Roberts Chesterfield University Juan Santacoloma Public Affairs Kathleen Smith Management Services Bonnie J. Spurlock Treasure's Office Debbie Stone Budget and Management John A. Stuckey Sheriff's Office David M. VanHorn Real Estate Assessments Greg Velzy Parks and Recreation Deborah Walker Library Linda West IST Consuela Toye Wilson Accounting Susan Wilson County Attorney Krista Woolard Human Resource Management Mrs. Humphrey presented the employees of the year with plaques' recognizing them as their department's employee of the year, expressed appreciation, on behalf of the Board and citizens, for their dedicated service, and commended them on their outstanding accomplishme nts. Mr. Stegmaier congratulated each of the employees of the year and expressed appreciation for their commitment to Chesterfield County. 07-1114 12/19/07 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. APPOINTMENTS O COMMUNITY CRIMINAL JUSTICE BOARD On motion of Mr. King, seconded by Mr. Sowder, the Board suspended their. rules to allow simultaneous nomination/appointment of a member to serve on the Community Criminal Justice Board. Ayes: Humphrey, King, Sowder and Warren. Nays: None. Absent: Miller. On motion of Mr. King, seconded by Mrs. Humphrey, the Board simultaneously nominated/appointed Mr. Shawn Q. Barnes, Chief Magistrate, to the Community Criminal Justice Board (CCJB) to serve the remainder of a two-year appointment that began July 1, 2007 and ends June 30, 2009. Ayes: Humphrey, King, Sowder and Warren. Nays: None. Absent: Miller. 8.B. CONSENT ITEMS 8.B.1. ADOPTION OF RESOLUTIONS 8.B.1.a. RECOGNIZING MR. RONALD W. COLLIER, DEPARTMENT OF GENERAL SERVICES, FLEET MANAGEMENT DIVISION, UPON HIS RETIREMENT On motion of Mr. Sowder, seconded by Mr. King, the Board adopted the following resolution: WHEREAS, Mr. Ronald Wayne Collier will retire February 1, 2008 after providing more than twenty-four years of dedicated and faithful service to Chesterfield -County and Chesterfield County Public Schools; and WHEREAS, Mr. Collier began his service January 30, 1984 and served for nine years as an automotive technician for Chesterfield County Public Schools; and WHEREAS, Mr. Collier served as automotive technician in the Department of General Services, Fleet Management Division for over fifteen years; and WHEREAS, Mr. Collier has seen the county bus fleet grow to its present size of almost 600 buses; and • i• i~~ 07-1115 12/19/07 WHEREAS, Mr. Collier always performed his duties and responsibilities in a professional manner, placing the welfare and safety of the children and operators of Chesterfield County Public Schools and fellow county employees above his own; and • WHEREAS, Mr. Collier was instrumental in helping maintain a 95 percent daily school bus availability rate. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes Mr. Ronald Wayne Collier and extends appreciation for his more than twenty- four years of dedicated 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.B.l.b. CONFIRMING PROCEEDINGS OF THE CHESTERFIELD ECONOMIC DEVELOPMENT AUTHORITY (EDA) FOR THE ISSUANCE OF ITS REVENUE BONDS FOR THE BENEFIT OF BON SECOURS HEALTH SYSTEM, INCORPORATED IN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $110,000,000 • • On motion of Mr. Sowder, seconded by Mr. King, the Board adopted the following resolution: WHEREAS, Bon Secours-St. Francis Medical Center, Inc. (the "Hospital"), a Virginia nonstock, nonprofit corporation affiliated with Bon Secours Health System, Inc., a Maryland nonstock membership corporation ("BSHSI"), has facilities located in the County of Chesterfield, Virginia (the "County"); and WHEREAS, the Economic Development Authority of the County of Chesterfield (the "Authority"), on November 15, 2007, adopted a resolution (the "Resolution") wherein the Authority has agreed to issue not to exceed $110,000,000 in aggregate principal amount, excluding any original issue discount, of its Revenue Bonds, Series 2008C-1 (Bon Secours Health System, Inc.) (the "Series 2008C-1 Bonds") and its Revenue Bonds, Series 2008C-2 (Bon Secours Health System, Inc.) (the "Series 2008C-2 Bonds" and, together with the Series 2008C-1 Bonds, the "Bonds"), for the benefit of BSHSI and the Hospital to: (i) refund the $80,000,000 Industrial Development Authority of the County of Chesterfield Revenue Bonds, Series 2003 (Bon Secours-St. Francis Medical Center, Inc.) (the "Prior Bonds"), (ii) pay or reimburse the Hospital for the costs of certain capital expenditures at St. Francis Medical Center and certain related facilities, (iii) provide working capital for the Hospital, if deemed necessary or desirable by BSHSI or the Hospital, (iv) pay a portion of the interest on the Bonds, if deemed necessary or desirable by BSHSI or the Hospital, (v) fund a debt service reserve fund, if deemed necessary or desirable by BSHSI or the Hospital and (vi) pay certain costs incurred in connection with the issuance of the Bonds and the refunding of the Prior Bonds, including but not limited to fees for credit or liquidity 07-1116 12/19/07 enhancement for the Bonds, if deemed necessary or desirable by BSHSI or the Hospital (collectively, the "Financing Purposes"), all as permitted by the Act (as hereinafter defined); and WHEREAS, the Bonds will be issued pursuant to the Virginia Industrial Development and Revenue Bond Act, Chapter 49, Title 15.2, Code of Virginia of 1950, as amended (the "Act"), and will be limited obligations of the Authority payable solely from the revenues and receipts derived from payments provided by BSHSI; and WHEREAS, on November 15, 2007, pursuant to the requirements of Section 147 (f) of the Internal Revenue Code of 1986, as amended (the "Code"), the Authority held a public hearing concerning the proposed issuance of the Bonds; and WHEREAS, Section 147 (f) of the Code and Section 15.2- 4906 of the Act provide that the highest elected governmental unit of the locality having jurisdiction over the issuer of private activity bonds and over the area in which any facility financed with the proceeds of private activity bonds is located must approve the issuance of the bonds; and WHEREAS, the Authority issues its bonds on behalf of the County and the Board of Supervisors of Chesterfield County, Virginia (the "Board") constitutes the highest elected governmental unit of the County; and WHEREAS, the Authority has recommended and requested that the Board approve the issuance of the Bonds to comply with Section 147 (f) of the Code and Section 15.2-4906 of the Act; and WHEREAS, copies of the following documents have been filed with the Board: (i) the Resolution; (ii) notice of public hearing published once a week for two consecutive weeks; (iii) a summary of the proceedings of the public hearing; and (iv) the fiscal impact statement of the Hospital. NOW, THEREFORE, BE IT RESOLVED, by the Board of Supervisors of Chesterfield County, Virginia: 1. The Board hereby approves the issuance of the Bonds by the Authority in a principal amount not to exceed $110,000,000 for the benefit of BSHSI and the Hospital, to the extent required by Section 147 (f) of the Code and Section 15.2-4906 of the Act, to permit the Authority to assist in the financing of the Financing Purposes. 2. Approval of the issuance of the Bonds as required by Section 147(f) of the Code does not constitute an endorsement of the Bonds or the creditworthiness of the facilities to be financed or refinanced with the proceeds of the Bonds, BSHSI or the Hospital and, as required by Section 15.2-4909 of the Act, the Bonds shall provide that neither the County nor the Authority shall be obligated to pay the Bonds or the interest thereon or other costs incident thereto except from the revenues and moneys pledged therefor, and neither the ;faith or credit nor the taxing power of the Commonwealth of Virginia, nor .any political subdivision I~ • 07-1117 12/19/07 thereof, including the County and the Authority, shall be pledged thereto. ®I~!, • 3. The Board hereby authorizes and directs the Clerk of the Board to forward a certified copy of this resolution to the Authority. 4. This resolution shall take effect immediately upon its adoption. Ayes: Humphrey, King, Sowder and Warren. Nays: None. Absent: Miller. 8.B.1.C. APPROVING THE INDUSTRIAL DEVELOPMENT AUTHORITY OF AMELIA COUNTY'S ISSUE OF ITS REVENUE BONDS IN A PRINCIPAL AMOUNT NOT TO EXCEED $3,000,000 FOR THE BENEFIT OF SHINING LIGHT COMMUNITY OUTREACH FOUNDATION On motion of Mr. Sowder, seconded by Mr. King, the Board adopted the following resolution: WHEREAS, the Economic Development Authority of the County of Chesterfield (the "Chesterfield Authority") and the Industrial Development Authority of Amelia County, Virginia (the "Amelia Authority") have considered the application. of Shining Light Community Outreach Foundation (the "Applicant"), requesting that the Amelia Authority issue its revenue bonds in a principal amount not to exceed $3,000,000 (the "Bonds") to assist the Applicant in the financing of the following facilities (together, the "Projects"): • the construction, equipping and development of an approximately 14,138 square foot building to be used primarily as a preschool/childcare center; and • the equipping and development of ball fields and other recreational facilities, including, facilities to host soccer and other sports programs for people at all levels of ability, including people with physical and mental disabilities. The Projects will be located on approximately 24 acres of land at 15630 Hampton Park Drive, Midlothian, Virginia 23112, near Hull Street Road. in Chesterfield County, Virginia ("Chesterfield County"). WHEREAS, the Applicant is a Virginia nonstock, nonprofit corporation that has its principal place of business at 6601 Woodlake village Parkway, Midlothian, Virginia 23112. The Applicant is exempt from income taxation under Section 501(c)(3) of the Internal Revenue Code of 1986, as amended (the "Code"). The Projects will be used by the Applicant in the furtherance of its charitable mission to nurture persons physically, mentally, emotionally and spiritually through educational and recreational programming. Although the Applicant is affiliated with Woodlake United Methodist Church, the Applicant is not organized and operated exclusively for religious purposes. The Projects do not include a sanctuary or any facilities to be used primarily for Sunday School purposes. The Applicant serves people in 07-1118 12/19/07 the Central Virginia area, including Amelia County, Virginia ("Amelia County") and Chesterfield County. WHEREAS, Section 147 (f) of the Code and Section 15.2- 4906 of the Code of Virginia of 1950, as amended (the "Virginia Code") provide that the highest elected governmental unit of the locality having jurisdiction over the issuer of private activity bonds and over the area in which any facility financed with the proceeds of private activity bonds is located must approve the issuance of the bonds. The Projects are located in Chesterfield County. The Board of Supervisors of the County of Chesterfield, Virginia (the "Chesterfield Board") constitutes the highest elected governmental unit of Chesterfield County. WHEREAS, following a public hearing held by the Amelia Authority on November 13, 2007, the Amelia Authority adopted a resolution (the "Inducement Resolution") in which it requested, among other things, that the Chesterfield Board approve of the. issuance of the Bonds by the Amelia Authority and concur with the Inducement Resolution. Further, following a public hearing held by the Chesterfield Authority on November 15, 2007, the Chesterfield Authority adopted a resolution (the "Approving Resolution") in which it requested that the Chesterfield Board .approve of the issuance of the Bonds by the Amelia Authority and concur with the Inducement Resolution WHEREAS, a copy of the Amelia Authority's Summary of Public Hearing, which includes the Inducement Resolution, a reasonably detailed .summary of the comments expressed at the Amelia Authority's public .hearing and the Applicant's Fiscal Impact Statements, has been filed with 'the Chesterfield Board. Further, a copy of the Chesterfield Authority's Summary of Public Hearing, which includes the Approving Resolution, a, reasonably .detailed summary of the comments expressed at the Chesterfield Authority's public hearing and the Applicant's Fiscal Impact Statements, has been filed with the Chesterfield Board. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF CHESTERFIELD, VIRGINIA: 1. The Chesterfield Board accepts the Amelia Authority's Summary of Public Hearing and the Chesterfield Authority's Summary of Public Hearing, and approves the issuance of the Bonds by the Amelia Authority for the benefit of the Applicant, as required by Section 147 (f) of the Code and Section 15.2-4906 of the Virginia Code, to permit the Amelia Authority to assist in the development and financing of the Projects in Chesterfield County. 2. The Chesterfield Board concurs with the Inducement Resolution. 3. The approval of the issuance of the Bonds does not constitute an endorsement to a prospective purchaser of the Bonds of .the creditworthiness of the Projects or the Applicant. Further, as required by Section 15.2-4909 of the Virginia Code, the Bonds shall provide that neither the Amelia Authority, Amelia County, the Chesterfield Authority nor Chesterfield County shall be obligated to pay the Bonds or the interest thereon or other costs incident thereto r~ ~~ • • 07-1119 12/19/07 except from the revenues and moneys pledged therefor and neither the faith and credit nor the taxing power of the Commonwealth of Virginia nor any political subdivision thereof, including the Amelia Authority, Amelia County, the Chesterfield Authority and Chesterfield County, shall be pledged thereto. t'. • • 4. This Resolution shall take effect immediately upon its adoption. Ayes: Humphrey, King, Sowder and Warren. Nays: None. Absent: Miller. 8.8.1.d. RECOGNIZING NIR. RAY SHEPPERSON, UTILITIES DEPARTMENT, UPON HIS RETIREMENT On motion of Mr. Sowder, seconded by Mr. King, the Board adopted the following resolution: WHEREAS, Mr. Ray Shepperson retired from Chesterfield County Utilities Department on December 1, 2007; and WHEREAS, Mr. Shepperson began his public service with Chesterfield County on November 30, 1987, as a Utility Worker installing water services for the Utilities Department; and WHEREAS, Mr. Shepperson was promoted to a Utility Locator in July of 1989, where he was responsible for locating underground water and sewer lines for contractors performing excavations near these facilities; and WHEREAS, Mr. Shepperson was promoted to the Utility Locations Coordinator position on September 5, 1998, responsible for managing all utility locations for the Utilities Department, where he served faithfully until his retirement; and WHEREAS, from 1987 to 2007, Mr. Shepperson brought the Chesterfield County Utility Department into the new millennium, as a leader in customer service by consistently meeting and exceeding., our customers expectations; as a responsible protector of the environment by providing accurate locations of our underground facilities to prevent damage and subsequent adverse environmental impacts; as an exemplary steward of the public trust by meeting our customers needs in the most cost effective manner and to be the employer of choice by sustaining a high performing work force though his seasoned leadership skills; and WHEREAS, from 1998, Mr. Shepperson effectively managed the utility locations section responsible for the locating of underground water and sewer lines for the entire department including over 1,750 miles of water mains, 1,850 miles of sanitary sewer mains, provided technical direction and field supervision to a staff of 5 Utility Locators, managed over 70,000 Miss Utility Tickets per year (FY07); and WHEREAS, Mr. Shepperson increased Operations and Maintenance personnel morale by continuously improving the utility location program through proactive leadership and by 07-1120 12/19/07 utilizing the latest technological advances in utility locating equipment; and WHEREAS, Mr. Shepperson was committed to improving the protection of underground facilities in our community as evident through his service on the board for Virginia Underground Protection Services; and .WHEREAS, Mr. Shepperson's display of character, aptitude and genuine concern for his fellow co-workers during his 20 years of faithful employment with the Utilities .Department has resulted in his positive and professional reputation throughout the county. NOW, THEREFORE, BE IT RESOLVED County Board of Supervisors recognizes extends on behalf of its members and c County, appreciation for 20 years of• the county and wishes him the best retirement. that the Chesterfield Mr. Ray Shepperson and itizens of Chesterfield exceptional service to for a long and happy Ayes: Humphrey, King, Sowder and Warren. Nays: None. Absent: Miller. 8.B.2. APPROVAL OF CHESTERFIELD COUNTY POLICE DEPARTMENT TOWING .CONTRACT On motion of Mr. Sowder, seconded by Mr. King, the Board approved the Police Department's towing contract, as approved by the Towing Advisory Board. (It is noted a copy of the towing contract is filed with the papers of this Board.) Ayes: Humphrey, King, Sowder and Warren. Nays: None. Absent: Miller. 8.B.3. APPROVE NAMING OF THE ALBERTA SMITH ELEMENTARY SCHOOL FOOTBALL FIELD AFTER MR. MARTY ROSE AND MR. JEFF BEATMAN On motion of .Mr. Sowder, seconded by Mr. King, the Board approved naming.: the Alberta Smith Elementary School recreational football field after Mr. Marty Rose, the Alberta Smith Athletic Association president and Mr. Jeff Beatman, Alberta Smith Elementary School principal. Ayes: Humphrey, King, Sowder and Warren. Nays: None. Absent: Miller. 8.B.4. RATIFY REQUEST TO DEPARTMENT OF CORRECTIONS TO HOLD PUBLIC HEARINGS ON PROPOSED LEASES On motion of Mr. Sowder, seconded by Mr. King, the Board ratified the request sent to the State Department of Corrections requesting they hold public hearings on proposed leases at 6700 Court Yard Road, Suite A and the old Virginia Power building on Ironbridge Road for state probation and parole offices. Ayes: Humphrey, King, Sowder and Warren. Nays: None. Absent: Miller. • • I• 07-1121 12/19/07 8.8.5. APPROPRIATION OF $150,000 IN STATE WIRELESS 911 SERVICES BOARD GRANT FUNDS r On motion of Mr. Sowder, seconded by Mr. King, the Board appropriated $150,000 in state wireless grant funds to support the upgrade and enhancement of the county's geographic information services (GIS) capabilities. Ayes: Humphrey, King, Sowder and Warren. Nays: None. Absent: Miller. 8.B.6. R-~'Mn~ TO PLANNING CONII~lISSION PROPOSED AMENDMENTS TO THE ZONING AND SUBDIVISION ORDINANCES RELATING TO SUBMISSION OF PLATS AND PLANS TO STATE AGENCIES AND DEADLINES FOR THE COUNTY TO ACT ON SUCH PLATS AND PLANS •i •i On motion of Mr. Sowder, seconded by Mr. King, the Board remanded to the Planning Commission proposed amendments to the Zoning and Subdivision Ordinances relating to submission of plats and plans to state agencies and deadlines for the county to act on such plats and plans for additional work and revisions. Ayes: Humphrey, King, Sowder and Warren. Nays: None. Absent: Miller. 8.B.7. STATE ROAD ACCEPTANCE On motion of Mr. Sowder, seconded by Mr. King, the Board approved 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. 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. 07-1122 12/19/07 Project: Amberleigh Sec.2 Type Change to the Secondary Systmn of State Addition Reason for Change: New subdivision street Pursuant to Code of Virginia §33.1-229 Street Name and/or Route • Amberleigh Circle, State Route Number 7051 From: 0.09m N of Amberleigh B1., (Rt. 5879) To: Amberleigh Lp., (Rt. 7254), a distance of: 0.04 miles. Recordation Reference: Pb. 142 Pg. 69 Right of Way width (feet) = 50 • Amberleigh Loop, State Route Number 7254 From: Amberleigh Cr., (Rt. 7051) To: Amberleigh Cr., (Rt. 7051), a distance of: 0.19 miles. Recordation Reference: Pb. 142 Pg. 69 Right of Way width (feet) = 50 • Amberleigh Circle, State Route Number 7051 From: Amberleigh Lp., (Rt. 7254) To: Amberleigh Lp., (Rt. 7254), a distance of: 0.04 miles. Recordation Reference: Pb. 142 Pg. 69 Right of Way width (feet) = 50 • Amberleigh Loop, State Route Number 7254 From: Amberleigh Cr., (Rt. 7051) To: Temp EOM, a distance of: 0.02 miles. Recordation Reference: Pb. 142 Pg. 69 Right of Way width (feet) = 50 And, further, the Board adopted the following resolution: WHEREAS, the street described below is 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 street meets the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation. NOW, THEREFORE, BE IT RESOLVED, that this Board requests the Virginia Department of Transportation to add the street 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. • i• i• 07-1123 12/19/07 •i • Project: Riaga Forest Sec.li Type Chaage to the Secondary System of State Additioa Reason for Chaage: New subdivisioa street Pursuaat to Code of Virginia 833.1-229 Street Name aa8/or Route • Dorius Drive, State Route Number 2805 From: Cyrus St., (Rt. 2807).. To: Cul-de-sac, a distance of': 0.12 miles. Recordation Reference: Pb. 170 Pg. 41 Right of Way width (feet) = 40 Ayes: Humphrey, King, Sowder and Warren. Nays: None. Absent: Miller. 8.B.8. ACCEPTANCE OF PARCELS OF LAND 8.B.8.8. FOR WATKINS CENTRE PARKWAY FROM ZAREMBA METROPOLITAN MIDLOTHIAN, LLC On motion of Mr. Sowder, seconded by Mr. King, the Board accepted the conveyance of a parcel of land, containing 7.843 acres, for Watkins Centre Parkway from Zaremba Metropolitan Midlothian, 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. 8.B.8.b. ALONG JEFFERSON DAVIS HIGHWAY FROM SANTIAGO AND JOLANTA HERRERA On motion of Mr. Sowder, seconded by Mr. King, the Board accepted the conveyance of a parcel of land, containing 0.053 acres along Jefferson Davis Highway from Santiago and Jolanta Herrera, 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. 8.B.8.C. ALONG IRON BRIDGE ROAD AND FOR THE EXTENSION OF KINGSLAND GLEN DRIVE FROM WATERMARK TOWN CENTER LLC On motion of Mr. Sowder, seconded by Mr. King, the Board accepted the conveyance of a parcel of land, containing 6.596 acres along Iron Bridge Road (State Route 10) and for the extension of Kingsland Glen Drive from Watermark Town Center 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: Miller. 07-1124 12/19/07 8.B.9. REQUEST TO QUITCLAIM PORTIONS OF VARIABLE WIDTH VIRGINIA DEPARTMENT OF TRANSPORTATION SIGHT DISTANCE EASEMENTS ACROSS THE PROPERTIES OF COMMONWEALTH CENTRE STORAGE,LLC 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 portions of variable width Virginia Department of Transportation sight distance easements across the properties of Commonwealth Centre Storage, LLC. (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.B.10. REQUESTS FOR PERMISSION 8.B.10.a. FROM SHAHEED COOVADIA AND FAZILA COOVADIA FOR LANDSCAPING TO ENCROACH WITHIN AN EIGHT-FOOT EASEMENT ACROSS LOT 1, ARMISTEAD VILLAGE, SECTION B AT CHARTER COLONY On motion of Mr. Sowder, seconded by Mr. King, the Board approved a request from Shaheed Coovadia and Fazila Coovadia for permission for landscaping to encroach within an 8-foot easement across Lot 1, Armistead Village,. Section B at Charter Colony, 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.B.10.b. FROM MICHAEL P. HANLEY, JR. AND APRIL J. HANLEY FOR A PROPOSED FENCE TO ENCROACH WITHIN AN EIGHT- FOOT EASEMENTACROSS LOT 35, ARMISTEAD VILLAGE, SECTION A AT CHARTER COLONY On motion of Mr. Sowder, seconded by Mr. King, the Board approved a request from Michael P, Hanley, Jr. and April J. Hanley for permission for a proposed fence to encroach within an 8-foot easement across Lot 35, Armistead Village, Section A at Charter Colony, 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.B.10.C. FROM JEFFREY HARPER AND TRICIA HARPER FOR A PROPOSED DECK AND STONE FIREPLACE TO ENCROACH WITHIN A SIXTEEN-FOOT SEWER EASEMENT ACROSS LOT 12, SAINT JAMES WOODS, SECTION L On motion of Mr. Sowder, seconded by approved a request from Jeffrey Harper permission for a proposed deck and encroach within a 16-foot sewer Basemen 07-1125 Mr. King, the Board and Tricia Harper for stone fireplace to t across Lot 12, Saint 12/19/07 r~ u • James Woods, Section L, 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. 8.8.10.d. FROM ANDREW A. LOHRMAN AND HEATHER M. LOHRMAN • FOR A CONCRETE DRIVEWAY TO ENCROACH WITHIN A THIRTY-FOOT AND VARIABLE WIDTH DRAINAGE AND SEWER EASEMENT AND A PROPOSED FENCE TO ENCROACH WITHIN A THIRTY-FOOT AND WIDTH DRAINAGE AND SEWER EASEMENT, A SIXTEEN-FOOT DRAINAGE EASEMENT AND AN EIGHT-FOOT EASEMENT LOT 12, AMENDED PLAT OF LOTS 12 18 OF SECTION A HAWTHORNE AT CHARTER COLONY On motion of Mr. Sowder, seconded by Mr. King, the Board approved a request from Andrew A. Lohrman and Heather M. Lohrman for permission for a concrete driveway to encroach within a 30-foot and variable width drainage and sewer easement and a proposed fence to encroach within a 30-foot and variable width drainage and sewer easement, a 16-foot drainage easement and an 8-foot easement across Lot 12, amended plat of Lots 12 and 18 of Section A Hawthorne Village at Charter Colony, 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. 8.8.10.e. FROM A. J. NUNNALLY'TO CONSTRUCT A GRAVEL DRIVEWAY WITHIN A FORTY-FOOT UNIMPROVED COUNTY RIGHT OF WAY KNOWN AS NORTH STREET On motion of Mr. Sowder, seconded by Mr. King, the Board approved a request from A. J. Nunnally for permission to construct a gravel driveway within a 40-foot unimproved county right of way known as North Street, 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.B.10.f. FROM WILLIAM W. STAMEY AND WANDA M. STAMEY FOR AN EXISTING FENCE TO ENCROACH WITHIN A SIXTEEN-FOOT DRAINAGE EASEMENT ACROSS LOT 7, HOLLY TRAIL • On motion of Mr. Sowder, seconded by Mr. King, the Board approved a request from William W. Stamey and Wanda M. Stamey for permission for an existing fence to encroach within a 16- foot drainage easement across Lot 7, Holly Trail, 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. 07-1126 12/19/07 8.B.10.g. FOR AN EXISTING FENCE TO ENCROACH WITHIN A FROM STEVEN O. WHISENAND AND CLAUDIA M. WHISENAND SIXTEEN-FOOT DRAINAGE EASEMENT ACROSS LOT 6, HOLLY TRAIL On motion of Mr. Sowder, seconded by Mr. King, the Board approved a request from Steven 0. Tn~hisenand and Claudia M. Whisenand for permission for an existing fence to encroach within a 16-foot drainage easement across Lot 6, Holly Trail, 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.B.10.h. FROM CABBIE E. COYNER FOR AN EXISTING BRICK SIDEWALK TO ENCROACH ON COUNTY PROPERTY ADJACENT TO THE COGBILL LAW BUILDING On motion of Mr. Sowder, seconded by Mr. King, the Board approved a request from Carrie E. Coyner for permission for an existing brick sidewalk to encroach on county property adjacent to the Coghill Law Building, 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.B.11. APPROVAL OF LEASE ASSIGNMENT TO CROWN COMMUNICATION, INCORPORATED. FOR THE COMMUNICATIONS TOWER AT LAKE CHESDIN PARK On motion of Mr. Sowder, seconded by Mr. King, the Board authorized the County Administrator- to execute a lease agreement with Crown Communication, Incorporated for the communications tower at Lake Chesdin 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.B.12. APPROVAL OF THE PURCHASE OF TWO PARCELS OF LAND FOR MATOACA ELEMENTARY SCHOOL On motion of Mr. Sowder, seconded by Mr. King, the Board approved the purchase of two parcels of land containing a total of 2.8 acres, more or less, for $125,000.000, from James Douglas Perdue, for Matoaca Elementary School, and authorized the County Administrator to execute the sales contract and deed. Ayes: Humphrey, King, Sowder and Warren. Nays: None. Absent: Miller. • r C7 07-1127 12/19/07 8.B.13. RESCIND AUTHORIZATION FOR NTELOS TO APPLY FOR CONDITIONAL USE OR CONDITIONAL USE PLANNED DEVELOPMENT FOR A FLAGPOLE TOWER AND COMMUNICATIONS ANTENNAE AND EQUIPMENT TO BE INSTALLED ON COUNTY PROPERTY AT WOODLAKE CENTRAL PARK WITH ACCESS ACROSS CLOVER HILL ELEMENTARY SCHOOL • r On motion of Mr. Sowder, seconded by Mr. King, the Board rescinded authorization for Ntelos to apply for conditional use or conditional use planned development for communications antennae to be installed on county property at Woodlake Central Park with access across Clover Hill Elementary School. Ayes: Humphrey, King, Sowder and Warren. Nays: None. Absent: Miller. 8.B.14. INITIATE AN APPLICATION FOR CONDITIONAL USE TO PERMIT A WASTEWATER PUMP STATION On motion of Mr. Sowder, seconded by Mr. King, the Board initiated an application for conditional use to .permit a wastewater pump station on property at 2101 Pine forest Drive, PIN: 803629370500000 and 2301 Arrowfield Road, PIN: 803629370500000, and appointed John Harmon, County Right of Way Manager at the Board's Agent. (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.B.15. ACCEPTANCE OF OPEN SPACE EASEMENT IN HARPER'S MILL On motion of Mr. Sowder, seconded by Mr. King, the Board accepted an open space easement in Harper's Mill and authorized the County Administrator to execute the easement 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.B.16. TRANSFER OF DISTRICT IMPROVEMENT FUNDS Mr. Warren requested Item 8.B.16. be removed for comment. He expressed concerns over the amount of District Improvement Funds being transferred that were added to agenda late. He stated he would not support the transfer of the District Improvement Funds, indicating that the decisions should be left to the new Board members. Mr. King stated he was acting within his authority to distribute District Improvement Funds to serve the community. Mrs. Humphrey stated the items in her district have been in the process since August, and all requests that have been 07-1128 12/19/07 made are legal and have been approved by the County Administrator and County Attorney's offices. 8.B.16.a. FROM THE DALE, MATOACA, CLOVER HILL, AND BERMUDA DISTRICT FUNDS 8.B.16.a.1. TO THE CHESTERFIELD COUNTY HISTORICAL SOCIETY TO PURCHASE AND INSTALL MUSEUM DISPLAY PANELS AT THE 1892 HISTORIC JAIL On motion of Mrs. Humphrey, seconded by Mr. King, the Board transferred a total of $7,500 ($1,500 each) from the Dale, Matoaca, Clover Hill, Midlothian and Bermuda District Improvement Funds to the Chesterfield County Historical Society to purchase and install museum display panels at the 1892 Historic Jail. Ayes: Humphrey, King and Sowder. Nays: Warren. Absent: Miller. 8.B.16.a.2. TO THE CHESTERFIELD COUNTY HISTORICAL SOCIETY TO PURCHASE FOUR NEW TELEPHONES AT CASTLEWOOD WITH THE ABILITY TO CONNECT DIRECTLY TO THE COUNTY TELEPHONE SYSTEM On motion of Mrs. Humphrey, seconded by Mr. King, the Board transferred a total of $2,400 ($480 each) from the Dale, Matoaca, Clover Hill, Midlothian and Bermuda District Improvement Funds to the Chesterfield County Historical Society to purchase four new telephones at Castlewood with the ability to connect directly to the county telephone system. Ayes: Humphrey, King and Sowder. Nays: Warren. Absent: Miller. 8.B.16.8.3. TO THE CHESTERFIELD COUNTY HISTORICAL SOCIETY TO PURCHASE A ONE-YEAR SUBSCRIPTION TO GENEALOGY DATABASES Mr. Warren inquired about the subscription for one year for the genealogy databases and where the funding will come for the renewal of the subscription. Mr. Peter Lipowicz, President of the Chesterfield Historical Society, explained the subscription for genealogy databases is for one year. He stated the Historical Society does not` currently offer this service, which would be a service for citizens of the county. He further stated, if the service has a high use within the citizenry, then the Historical Society will work to try to continue to fund it. In response to Mrs . Humphreys question regarding the fee to use the system, Mr. Lipowicz explained the differences in the licensing requirements for the databases. In response to Mrs. Humphreys and Mr. King's questions, Mr. Stegmaier explained that when the school's contract comes up ~~ • • 07-1129 12/19/07 for renewal, the Purchasing Department will investigate the terms of the contract to consider expanding the availability to other users. • On motion of Mrs. Humph transferred a total of Matoaca, Clover Hill, Improvement Funds) to Society to purchase a databases. rey, seconded by Mr. King, the Board $3,391 ($679 from Dale, $678 from Midlothian and Bermuda District the Chesterfield County Historical one-year subscription to genealogy Ayes: Humphrey, King and Sowder. Nays: Warren. Absent: Miller. 8.B.16.a.4. TO THE CHESTERFIELD COUNTY HISTORICAL SOCIETY TO PURCHASE TEACHER RESOURCE KITS FOR TEACHERS IN THE CHESTERFIELD COUNTY PUBLIC SCHOOL SYSTEM On motion of Mrs. Humphrey, seconded by Mr. King, the Board transferred a total of $2,205 ($441 each) from the Dale, Matoaca, Clover Hill, Midlothian and Bermuda District Improvement Funds to the Chesterfield County Historical Society to purchase teacher resource kits for teachers in the Chesterfield County Public School system. Ayes: Humphrey, King and Sowder. Nays: Warren. Absent: Miller. 8.B.16.a.5. TO THE PARKS AND RECREATION DEPARTMENT TO ACQUIRE SPEAKERS FOR THE DEPARTMENT'S ANN On motion of Mrs. Humphrey, seconded by Mr. King, the Board transferred a total of $10,000 ($2,000 each) from the Dale, Matoaca, Clover Hill, Midlothian and Bermuda District Improvement Funds to the Parks and Recreation Department to acquire speakers for the department's annual lecture series. Ayes: Humphrey, King and Sowder. Nays: Warren. Absent: Miller. 8.B.16.a.6. TO THE CHESTERFIELD FIRE AND EMERGENCY MEDICAL SERVICES DEPARTMENT TO ERECT A MEMORIAL WALL ON COUNTY PROPERTY TO HONOR FALLEN FIREFIGHTERS AND EMERGENCY MEDICAL TECHNICIANS WHO HAVE DIED IN THE LINE OF DUTY On motion of Mrs. Humphrey, seconded by Mr. King, the Board transferred a total of $10,000 ($2,000 each) from the Dale, Matoaca, Clover Hill, Midlothian and Bermuda District Improvement Funds to the Chesterfield Fire and EMS Department to erect a memorial wall on county property to honor fallen firefighters and emergency medical technicians who have died in the line of duty. Ayes: Humphrey, King and Sowder. Nays: Warren. Absent: Miller. 07-1130 12/19/07 8.B.16.a.7. TO THE CHESTERFIELD COUNTY COOPERATIVE EXTENSION DEPARTMENT TO PURCHASE THE EDUCATION BOOKLET "LIVING IN YOUR WATERSHED" FOR CHESTERFIELD COUNTY SCHOOL STUDENTS On motion of Mrs. Humphrey, seconded by Mr. King, the Board transferred a total of $5,000 ($1,000 each) from the Dale, Matoaca, Clover Hill, Midlothian and Bermuda District Improvement Funds to the Chesterfield County Cooperative Extension Department to purchase the educational booklet "Living in Your Watershed" for Chesterfield County.School students. Ayes:. Humphrey, King and Sowder. Nays: Warren. Absent: Miller. 8.B.16.b. FROM THE DALE DISTRICT IMPROVEMENT FUND 8.B.16.b.1. TO THE PARKS AND RECREATION DEPARTMENT TO PROVIDE ELECTRICAL POWER TO THE COUNTY-OW EQUIPMENT STORAGE SHED AT HENING ELEMENTA SCHOOL On motion of Mrs. Humphrey, seconded by Mr. King, the Board transferred $5,000 from the Dale District Improvement Fund to the Parks and Recreation Department to provide electrical power to the county-owned equipment storage shed at Hening Elementary School. Ayes: Humphrey, King and Sowder. Nays: Warren. Absent: Miller. 8.B.16.b.2. TO THE PARKS AND RECREATION DEPARTMENT TO PURCHASE AND INSTALL A SCOREBOARD IN THE MEADOWBROOK HIGH SCHOOL GYMNASIUM On motion of Mrs. Humphrey, seconded by Mr. King, the Board transferred $2,525 from the Dale District Improvement Fund to the Parks and Recreation Department to purchase and install a scoreboard in the Meadowbrook High School Gymnasium. Ayes: Humphrey, King and Sowder. Nays: Warren. Absent: Miller. 8.B.16.b.3. TO THE CHESTERFIELD COUNTY SCHOOL BOARD TO IMPROVE THE COMPUTER LAB AT LLOYD C. BIRD HIGH SCHOOL SY UPDATING EXISTING SOFTWARE LICENSES AND DIGITAL IMAGING SOFTWARE On motion of Mrs. Humphrey, seconded by Mr. King, the Board transferred $7,650 from the Dale District Improvement Fund to the Chesterfield County School Board to improve the computer lab at Lloyd C. Bird High School by updating existing software licenses and digital imaging software. Ayes: Humphrey, King and Sowder. Nays: Warren. Absent: Miller. 07-1131 • • • 12/19/07 8.B.16.b.4. TO THE CHESTERFIELD COUNTY FIRE AND EMERGENCY •i • MEDICAL SERVICES DEPARTMENT TO PURCHASE FIVE- INCH SUPPLY LINES AND ADAPTERS FOR TWO ENGINES On motion of Mrs. Humphrey, seconded by Mr. King, the Board transferred $25,000 from the Dale District Improvement Fund to the Chesterfield County Fire and EMS Department to purchase five-inch supply lines and adapters for two engines. Ayes: Humphrey, King and Sowder. Nays: Warren. Absent: Miller. 8.B.16.b.5. TO THE CHESTERFIELD COUNTY POLICE DEPARTMENT TO PURCHASE EXERCISE EQUIPMENT FOR THE PUBLIC SAFETY TRAINING CENTER GYMNASIUM AND TO UPGRADE AND MAINTAIN THE. CURRENT EXERCISE EQUIPMENT AT THE GYMNASIUM On motion of Mrs. Humphrey, seconded by Mr. King, the Board transferred $20,000 from the Dale District Improvement Fund to the Police Department to purchase exercise equipment for the Public Safety Training Center gymnasium and to upgrade and maintain the current exercise equipment at the gymnasium. Ayes: Humphrey, King and Sowder. Nays: Warren. Absent: Miller. 8.B.16.b.6. TO THE CHESTERFIELD COUNTY SHERIFF'S DEPARTMENT TO PURCHASE A PALM SCANNING DEVICE FOR THE DEPARTMENT On motion of Mrs. Humphrey, seconded by Mr. King, the Board transferred $19,000 from the Dale District Improvement Fund to the Chesterfield County Sheriff's Department to purchase a palm scanning device for the department. Ayes: Humphrey, Nays: Warren. Absent: Miller. 8.B.16.b.7. OF BUDGET FOR "CHESTERFIELD 2007", THE CELEBRATION OF THE 400 ANNIVERSARY OF THE ASSIST WITH COSTS WHICH WERE INCURRED IN EXCESS King and Sowder. TO THE CHESTERFIELD 2007 PROGRAM ACCOUNT TO FOUNDING OF JAMESTOWN On motion of Mrs. Humphrey, seconded by Mr. King, the Board transferred $3,000 from the Dale District Improvement Fund to the Chesterfield 2007 program account to assist with costs which were incurred in excess of budget for "Chesterfield 2007, the celebration of the 400th Anniversary of founding of Jamestown. Ayes: Humphrey, King and Sowder. Nays: Warren. Absent: Miller. 07-1132 12/19/07 8.B.16.C. FROM THE MATOACA DISTRICT IMPROVEMENT FUND 8.B.16.C.1. TO VIRGINIA STATE UNIVERSITY FOR A DONATION TO ITS SCHOLARSHIP PROGRAM On motion of Mrs. Humphrey, seconded by Mr. King, the Board donated $25,000 from the Matoaca District Improvement Fund to Virginia State University for its scholarship program. Ayes: Humphrey, Nays: Warren. Absent: Miller. King and Sowder. 8.B.16.C.2. TO THE DEPARTMENT OF PARKS AND RECREATION TO PURCHASE AND INSTALL AN ELECTRONIC ENTRANCE SIGN AT MATOACA HIGH.SCHOOL On motion of Mrs. Humphrey, seconded by Mr. King, the Board transferred $20,000. from the Matoaca District Improvement Fund to the Department of Parks and. Recreation to purchase and install an electronic entrance sign at Matoaca High School. (In the event that an electronic entrance sign is not approved, the transfer will be used to fund athletic field turf improvements, including seed, topsoil, fertilizer, etc.) Ayes: Humphrey, King and Sowder. Nays: Warren. Absent: Miller. 8.B.16.d. FROM THE DALE AND BERMUDA DISTRICT IMPROVEMENT FUNDS TO THE PARKS AND RECREATION DEPARTMENT TO DEFRAY THE COSTS ASSOCIATED WITH PRINTING OF BROCHURES REGARDING THE HISTORY OF THE FALLING CREEK IRONWORKS SITE AND THE CURRENT ARCHAEOLOGICAL DIG AT THE SITE On motion of Mrs. Humphrey, seconded by Mr. King, the Board transferred a total of $5,000 ($3,000 from Dale and $2,000 from Bermuda District Improvement Funds) to the Parks and Recreation Department to defray the costs associated with printing of brochures regarding the history of Falling Creek Ironworks site and the current archaeological dig at the site. Ayes: Humphrey, King and Sowder. Nays: Warren. Absent: Miller. 8.B.16.e. FROM THE MIDLOTHIAN DISTRICT IMPROVEMENT FUND 8.B.16.e.1. TO THE PARKS AND RECREATION DEPARTMENT FOR THE DEPARTMENT TO EXPAND THE BOATHOUSE AT ROBIOUS LANDING PARK On motion of Mrs. Humphrey, seconded by Mr. King, the Board transferred $2,000 from the Midlothian District Improvement Fund to the Parks and Recreation Department for the department to expand the boathouse at Robious Landing Park. Ayes: Humphrey, King and Sowder. Nays: Warren. Absent: Miller. • I • • 07-1133 12/19/07 8.B.16.e.2. TO THE PARKS AND RECREATION DEPARTMENT TO MAKE FIELD IMPROVEMENTS TO THE EXISTING BASEBALL FIELD AT JAMES RIVER HIGH SCHOOL u Mr. Sowder asked for a clarification regarding the statement in the item that the transfer of funds is contingent upon the field being available to Parks and Recreation for use. He stated the athletic boosters raised $170,000 to transfer the old junior varsity field to the new varsity field, and characteristically not many varsity fields are available for parks and recreation use. In response to Mr. Sowder's question, Ms. Dickson explained that staff is asking for use of the field even though typically varsity fields at high schools are not made available for parks and recreation use. She further explained staff certainly would not schedule anything to conflict with the school's athletic schedule. In response to Mr. Sowder's and Mrs. Humphreys questions, Ms. Dickson explained the $6,000 would be coupled with $4,000 transferred previously from the District Improvement Fund. She also stated the athletic booster for the school has raised the majority of the funds needed for the improvements of the baseball field and they are working with Parks and Recreation for additional funding. Mr. King requested the contingency placed in the request for allowing use of the varsity fields be removed. Mrs. Humphrey stated a policy needed to be in place so use of varsity fields does not come up in future requests. On motion of Mr. Sowder, seconded by Mrs. Humphrey, the Board transferred $6,000 from the Midlothian District Improvement Fund to the Parks and Recreation Department to make field improvements to the existing baseball field at James River High School with the amendment of removing the contingency for field use by Parks and Recreation. Ayes: Humphrey, Nays: Warren. Absent: Miller. King and Sowder. 8.B.16.f. FROM THE MATOACA AND DALE DISTRICT IMPROVEMENT FUNDS TO THE HEALTH DEPARTMENT TO PURCHASE LAPTOPS FOR THE PUBLIC HEALTH NURSES WORKING IN CHESTERFIELD COUNTY SCHOOLS On motion of Mrs. Humphrey, seconded by Mr. King, the Board transferred $19,000 in District Improvement Funds ($7,000 from the Matoaca and $12,000 from the Dale District Improvement Funds) to the Health Department to purchase laptops for the Public Health Nurses working in Chesterfield County Schools. Ayes: Humphrey, King. and Sowder. Nays: Warren. Absent: Miller. 07-1134 12/19/07 8.B.16:g. FROM THE BERMUDA DISTRICT IMPROVEMENT FUND TO THE POLICE DEPARTMENT FOR TRAFFIC .CONTROL DURING THE CHESTER KIWANIS CLUB'S ANNUAL`CHRISTMAS PARADE On motion of Mrs. Humphrey, seconded by Mr. King, the Board transferred $2.,000 from the Bermuda District Improvement Fund to the Police Department for traffic control during the Chester Kiwanis Club's Annual Christmas Parade. Ayes: Humphrey, King and Sowder. Nays: Warren. Absent: Miller. 8.B.17. AWARD A REQUIREMENTS CONTRACT FOR PROFESSIONAL ENGINEERING SERVICES RELATIVE TO ELECTRICAL GROUNDING SYSTEMS TO APOGEE CONSULTING GROUP OF RALEIGH, NORTH CAROLINA On motion of Mr. Sowder, seconded by Mr. King, the Board authorized the County Administrator to execute a requirements contract with Apogee Consulting Group of Raleigh, North Carolina for professional engineering services relative to electrical grounding systems for all county facilities. Ayes: Humphrey, King, Sowder and Warren. Nays: None. Absent: Miller. 8.B.18. SET DATE FOR PUBLIC HEARING TO AMEND SECTIONS 19-125, 19-227 AND 19-301 OF THE CODE OF THE COUNTY OF CHESTERFIELD RELATING TO THE REGULATION OF FARM WINERIES On motion of Mr. Sowder, seconded by Mr. King, the Board set the date of January 23, 2008 at 6:30 p.m. for a public hearing for the Board to consider an amendment to Sections 19-125, 19-227 and 19-301 of the Code of the County of Chesterfield relating to the regulation of farm wineries in the county. Ayes: Humphrey, King, Sowder and Warren. Nays: None. Absent: Miller. 8.B.19. APPROVAL OF THE APPOINTMENT OF WILLIAM E. JOHNSON, III AS DEPUTY COUNTY ADMINISTRATOR On motion of Mr. Sowder, seconded by Mr. King, the Board approved the appointment of William E. Johnson, III as Deputy County Administrator. Ayes: Humphrey, King, Sowder and Warren. Nays: None. Absent: Miller. 8.B.20. CONVEYANCE OF AN EASEMENT TO VIRGINIA .ELECTRIC AND POWER. COMPANY FOR UNDERGROUND .CABLE TO. PROVIDE SERVICE TO THE CELL FACILITIES AT PHYSIC HILL WATER ,TANK 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 an easement agreement with • • 07-1135 12/19/07 Virginia Electric and Power Company for underground cable to provide service to the cell facilities at Physic Hill Water Tank. (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. • u • 8.B.21. APPROVAL OF A CONSTRUCTION AGREEMENT WITH CSX TRANSPORTATION, INCORPORATED, THE VIRGINIA DEPARTMENT OF TRANSPORTATION AND RIVERMONT DEVELOPMENT COMPANY, LLC FOR THE RIVER HAVEN AVENUE AT-GRADE CROSSING FOR RIVERMONT APARTMENTS On motion of Mr. Sowder, seconded by Mr. King, the Board authorized the County Administrator to enter into a construction agreement with CSX Transportation, Incorporated, the Virginia Department of Transportation and Rivermont Development Company, LLC. for the River Haven Avenue at-grade crossing for Rivermont Apartments. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Humphrey, Nays: None. Absent: Miller. 9. REPORTS King, Sowder and Warren. 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 9.C. REPORT OF THE PLANNING COMMISSION SUBSTANTIAL ACCORD DETERMINATION FOR CHESTERFIELD COUNTY SCHOOL BOARD (CASE 08PD0172) FOR A PROPOSED PUBLIC FACILITY (EXPANSION OF A PUBLIC ELEMENTARY SCHOOL) LOCATED ON THE WEST LINE OF LEE STREET, SOUTH OF RIVER ROAD On motion of Mr. Warren, seconded by Mr. Sowder, the Board accepted the following reports: a Report on Developer Water and Sewer Contracts; a Report on Status of General Fund Balance, Reserve for Future Capital Projects, District Improvement Funds and Lease Purchases; and a Report of the Planning Commission Substantial Accord Determination for Chesterfield County School Board (Case 08PD0172) for a proposed public facility (expansion of a public elementary school) located on the west line of Lee Street, south of River Road. Ayes: Humphrey, King, Sowder and Warren. Nays: None. Absent: Miller. 07-1136 12/19/07 10. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED MATTERS Mr. Cliff Bickford, of the Dale District, expressed thanks to the outgoing Board members on behalf of the Chesterfield Business Council. He extended well wishes from the Salem Woods Homeowners Association to Mr. Miller. 11. DINNER AT 5:00 P.M. IN ROOM 502 On motion of Mr. King, seconded by Mrs. Humphrey, the Board recessed to the Administration Building, second floor, for a reception for the outgoing Board members. Ayes: Humphrey, King, Sowder and Warren. Nays: None. Absent: Miller. Reconvening: 12. INVOCATION Reverend Steve Vaughan, Pastor, Second Branch Baptist Church, gave the invocation. 13. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Eagle Scout Travis Elder led the Pledge of Allegiance to the flag of the United States of America. 14. RESOLUTIONS 14.A. RECOGNIZING MR. TRAVIS A. ELDER UPON ATTAINING THE RANK OF EAGLE SCOUT Mr. Kappel introduced Mr. Travis Elder, who was present to receive the resolution. 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 8, 1910, and was chartered by Congress in 1916; and WHEREAS, the Boy Scouts of America was founded to build character, provide citizenship training and promote physical fitness; and WHEREAS, after earning at least twenty-one merit badges in a wide variety of skills including leadership, service and outdoor life, serving in a leadership position in a troop, carrying out a service project beneficial to his community, being active in the troop, demonstrating Scout spirit, and living up to the Scout Oath and Law; and WHEREAS, Mr. Travis Aaron Elder, Troop 2877, sponsored by Chester Presbyterian Church, has accomplished those high i• i• i• 07-1137 12/19/07 standards of commitment and has reached the long-sought goal of Eagle Scout, which is earned by only four percent of those individuals entering the Scouting movement; and •i •i WHEREAS, growing through his experiences in Scouting, learning the lessons of responsible citizenship, and endeavoring to prepare himself for a role as a leader in society, Travis has distinguished himself as a member of a new generation of prepared young citizens of whom we can all be very proud. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 19th day of December 2007, publicly recognizes Mr. Travis Aaron Elder, extends congratulations on his attainment of Eagle Scout, and acknowledges the good fortune of the county to have such an outstanding young man as one of its citizens. Ayes: Humphrey, King, Sowder and Warren. Nays: None. Absent: Miller. Mr. King presented the executed resolution and patch to Mr. Elder, accompanied by members of his family, commended him on his outstanding accomplishments, and wished him success in the future. Mr. Elder provided details of -his Eagle Scout project and expressed appreciation to his parents .and others for their support. 14.B. RECOGNIZING THE THOMAS DALE HIGH SCHOOL VOLLEYBALL` TEAM AS STATE CHAMPIONS Mr. Golden introduced Coach Michael Walker and members of the Thomas Dale High School Volleyball Team. On motion of the Board, the following resolution was adopted: WHEREAS, participation in high school sports has long been an integral part of Chesterfield County's educational, physical and emotional development for students; and WHEREAS, Mr. Michael Walker, coach of the Thomas Dale High School Varsity Boys Volleyball Team completed his seventh year as Head Coach and was named Central District and Central Region District Coach of the Year; and WHEREAS, under Mr. Walker and his staff's guidance and direction, the 2007 Thomas Dale Knights finished the season with an overall record of 26 - 0; and WHEREAS, the Thomas Dale Knights were Central District Regular Season Champions; and WHEREAS, the Thomas Dale Knights were Central Region Champions; and WHEREAS, the Thomas Dale Knights were the State AAA Boys Volleyball Champions. 07-1138 12/19/07 NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 19th day of December 2007, publicly recognizes the Thomas Dale High School Boys Varsity Volleyball Team for its outstanding representation of Chesterfield County. AND, BE IT FURTHER RESOLVED that the Board of Supervisors, on behalf of the citizens of Chesterfield County, does hereby commend the 2007 Thomas Dale Knights for their commitment to excellence and sportsmanship and hereby express their best wishes for continued success. Ayes: Humphrey, King, Sowder and Warren. Nays: None. Absent: Miller. Mr. Rob Stansberry, Principal of Thomas Dale High School, expressed how proud he is of the 2007 Thomas Dale High School Varsity Volleyball Team for their accomplishments. 14.G. RECOGNIZING COMPLETE INTERIOR PACKAGE, SECOND BRANCH BAPTIST CHURCH AND KINGS KORNER FOR THEIR CONTRIBUTIONS TO THE EXTREME MAKEOVER PROJECT IN FARMVILLE, VIRGINIA Mr. Kappel introduced representatives from Complete Interior Package, Second Branch Baptist Church and Kings Korner, who were present to receive resolutions. On motion of the Board, the following resolution was adopted: WHEREAS, `Extreme Makeover: Home Edition" is a nationally televised ABC program that features major renovations and replacement. of homes for deserving families; and WHEREAS, the program is hosted by television personality Ty Pennington; and WHEREAS, during December 2007, the Extreme Makeover: Home Edition team, aided by hundreds of volunteers, built a new home in one week in Farmville, Virginia; and WHEREAS, the home was built for Army Specialist Michael Lucas, his wife, Jean and their children Michael Henry, 11 and Joseph, 6, who has been diagnosed with a form of autism; and WHEREAS, Specialist Lucas had begun building a home for his family when he was deployed for service in Iraq and had to leave the project incomplete; and WHEREAS, members of Specialist Lucas' National Guard unit assisted the other volunteers in the construction of the home; and WHEREAS, the completed home was a major project made possible by the love, generosity and hard work of many people committed to helping the Lucas family during this holiday season; and • [7 07-1139 12/19/07 WHEREAS, several Chesterfield County organizations made significant contributions to the Extreme Makeover: Home Edition project; and WHEREAS, Complete Interior Package, owned and operated by Ron and Vicki Stitzer, assisted .with redesign of the interior of the home and office workers baked `62 dozen cookies and helped serve the volunteers working on the new home; and •~ ~. C] WHEREAS, Second Branch Baptist Church members assisted with the construction and also served food to the volunteers working on the new home; and WHEREAS, Kings Korner Restaurant provided food for the many volunteers, and Dickie and Alena King, the proprietors, helped to serve the food. NOW, THEREFORE, BE IT RESOLVED, that the Chesterfield Board of Supervisors, this 19th day of December 2007, on behalf of the citizens of Chesterfield County, expresses gratitude for this exemplary spirit of volunteerism and goodwill, which has made this special season even more meaningful for the Lucas family. AND, BE IT FURTHER RESOLVED that this resolution be recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Ayes: Humphrey, King, Sowder and Warren. Nays: None. Absent: Miller. Mrs. Humphrey presented the executed resolutions to representatives from Complete Interior Package, Second Branch Baptist Church and Kings Korner, and commended them on their exemplary volunteerism. She also presented photographs taken at the project worksite in Farmville, Virginia, to the Board. 14.C. RECOGNIZING THE HONORABLE DONALD D. SOWDER FOR HIS SERVICE ON THE CHESTERFIELD COUNTY BOARD OF SUPERVISORS On motion of the Board, the following resolution was adopted: WHEREAS, Mr. Donald D. Sowder was elected to the Chesterfield County Board of Supervisors, representing the Midlothian District, beginning in November 2006 and serving until December 2007; and WHEREAS, during Mr. Sowder's tenure on the Board of Supervisors, the county maintained its AAA bond ratings from all three major bond rating agencies; and WHEREAS, successes during Mr. Sowder's service on the Board include approval of the Watkins Centre Development, which will provide an estimated $11 million annually in additional county revenue, upon. completion; reduction of the county's real estate tax rate and continued expansion of real estate tax relief for the elderly and disabled; initiation of an application to rezone the Cloverleaf Mall redevelopment 07-1140 12/19/07 site; establishment of the Cedar Crest Sewer Assessment District; and extraordinary 2007 historical celebrations; and WHEREAS, while serving as a Board member, Mr. Sowder hosted a number of community meetings, opening the lines of communication with Midlothian District citizens; and WHEREAS, Mr. Sowder supported streetlight installations, Parks and Recreation improvements, community events and a variety of other quality-of-life, improvements in the Midlothian District; and WHEREAS, Mr. Sowder also supported the Watkins and Magnolia Green Community Development Authorities, which will provide for transportation improvements in critical areas within the county; and WHEREAS, 12 economic development projects were announced during Mr. Sowder's term on the Board, including HCA-PAC and Village Bank Headquarters in the Midlothian District; and WHEREAS, more than $37 million in investment and 366 new jobs have been announced since Mr. Sowder's election to the Board; and WHEREAS, transportation projects completed during Mr. Sowder's term include Bon Air sidewalks and streetlights and the widening of Woolridge Road from Charter Colony to Coalfield Road; and WHEREAS, in addition to serving the county, Mr. Sowder also lent his expertise to the Richmond Regional Planning District Commission, Richmond Metropolitan Transportation Planning. Organization, Richmond Metropolitan Convention and visitors Bureau, and the Maymont Foundation. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 19th day of December 2007, publicly recognizes and applauds the outstanding efforts displayed by The Honorable Donald D. Sowder during service as a member of the Board of Supervisors; extends sincere appreciation, on .behalf of the citizens of Chesterfield County, for his selfless and dedicated public service; and offers best wishes for continued success in his future endeavors. Ayes: Humphrey, King, Sowder and Warren. Nays: None. Absent: Miller. Mrs. Humphrey presented the executed resolution to Mr. Sowder and commended him on his service as Midlothian District Supervisor. Mr. Sowder thanked the citizens of Chesterfield County and stated it had been an honor and privilege to serve on the Board. • • i• 07-1141 12/19/07 14.D. RECOGNIZING THE HONORABLE R. M. "DICKIE" KING, JR. FOR HIS SERVICE ON THE CHESTERFIELD COUNTY BOARD OF SUPERVISORS •i • On motion of the Board, the following resolution was adopted: WHEREAS, Mr. R. M. "Dickie" King, Jr. was elected to the Chesterfield County Board of Supervisors, representing the Bermuda District, beginning in January 2004 and serving until December 2007; and WHEREAS, after completing his freshman year on the Board of Supervisors, Mr. King was elected to serve as vice- chairman in 2005 and as.chairman in 2006; and WHEREAS, as chairman, Mr. King led the Board in adopting a public comment period during Board meetings, further making Chesterfield County open and accessible to its citizens; and WHEREAS, during Mr. King's tenure on the Board, the county maintained its AAA bond ratings from all three major bond rating agencies; and WHEREAS, a strong advocate for the business community in Chesterfield County, Mr. King supported adjustments to BPOL rates and thresholds, enhancements to the county's Enterprise Zone program and the creation of sub-zones, and a new incentive for business tangible personal property, and the largest private investment ever in the history of Chesterfield County occurred when Northrop Grumman decided to locate in the Meadowville Technology Park; and WHEREAS, a former special police officer, Mr. King has been an avid supporter of the county's public safety departments, attending every public safety event, where he provided words of encouragement and support to new recruits, and at Mr. King's suggestion, a joint cadet safety camp was held for youths ages 10-12, by Chesterfield Fire and EMS and the Chesterfield Police Department, and the program has expanded over the last two years to include the Chesterfield County Sheriff's Office as well; and WHEREAS, Mr. King initiated a transportation summit during his chairmanship, which resulted in the consideration of various transportation initiatives to address road needs in the county; and WHEREAS, during Mr. King's term on the Board, improvements were made at the intersections of Dundas/Strathmore and Chester/Kingsdale Roads, and the Chalkley Road safety project and Meadowville access projects were completed; and WHEREAS, other successes during Mr. King's tenure include opening of the new Chester House, a recovery facility for those with persistent mental illness; dedication of the Lowe's Soccer Complex; a number of improvements at Henricus Park; opening of the new county replacement jail; reduction of the real estate tax rate and continued expansion of real estate tax relief for the elderly and disabled; and approval of the 2004 bond referendum, to include a new elementary school and a new middle school in the Bermuda District; and 07-1142 12/19/07 WHEREAS, Chesterfield County enjoys a twinning relationship with Gravesham, Kent, England, and it is noteworthy that during Mr. King's term as chairman, he and other county officials journeyed to Gravesham, the burial site of Pocahontas, along with the chiefs of the eight Virginia Indian tribes, which resulted in furthering relationships among the Indian tribes, the Commonwealth of V-irginia, and the. United Kingdom; and WHEREAS, announcements of 59 economic development projects, more than $883 million in investment, and more than 4,068 new jobs were announced during Mr. King's term on the Board; and WHEREAS, in addition to serving Chesterfield County, Mr. King also lent his talents to the Richmond Regional Planning District Commission, the Richmond Metropolitan Transportation Planning Organization, the Capital Region Airport Commission, and Crater Planning District Commission; and WHEREAS, as chairman of the Richmond Regional Planning District Commission since July 2007, Mr. King led the members of the organization in approving a list of priorities that will bring a greater sense of direction, unity and cooperation to the Richmond region. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 19th. day of December 2007, publicly recognizes and applauds the outstanding efforts displayed by The Honorable R. M. "Dickie" King, Jr. throughout his distinguished service as a member of the Board of Supervisors; extends sincere appreciation, on behalf of the citizens of Chesterfield County, for his selfless and dedicated public service; and offers best wishes for continued success in his future endeavors. Ayes: Humphrey, King, Sowder and Warren. Nays: None. Absent: Miller. Mrs. Humphrey presented the executed resolution to Mr. King and commended him on his exemplary service. Mr. King thanked his family for the support they have given him while serving on the Board and the members of the Chesterfield County community for the opportunity to serve. 14.F. RECOGNIZING THE HONORABLE KELLY E. MILLER FOR HIS SERVICE ON THE CHESTERFIELD COUNTY BOARD OF SUPERVISORS AND AS 2007 CHAIRMAN OF THE BOARD OF SUPERVISORS On motion of the Board, the following resolution was adopted: WHEREAS, Mr. Kelly E. Miller was elected to the Chesterfield County Board of Supervisors, representing the Dale District, beginning in January 2000 and serving continuously until December 2007, after winning re-election to a second term in 2003; and • • 07-1143 12/19/07 WHEREAS, Mr. Miller served as chairman in 2002 and 2004, and will conclude his third year of leadership as Chairman of the Board of Supervisors on December 31, 2007; and • U WHEREAS, often described by others as a man of high integrity, moral character and values, Mr. Miller led the efforts to install Internet filtering on computers in county libraries and to implement national background checks with finger printing for all youth coaches, to aid in the protection of young people in our community, and in 2006, the county received the designation as one of the 100 Best Communities for Young People by America's Promise - The Alliance for Youth; and WHEREAS, when the Meadowbrook High School Varsity Football Team won the state championship in 2004, Mr. Miller supported and was instrumental in fundraising efforts to provide rings to each of these outstanding young athletes; and WHEREAS, Mr. Miller ably led the county during the devastating Tropical Storm Gaston, which inundated the area with torrential downpours, creating life-threatening situations and requiring numerous rescue efforts by the county's public safety personnel; and WHEREAS, during his tenure on the Board, the county maintained its AAA bond ratings from all three major bond rating agencies, and Mr. Miller championed the county's number one strategic goal - "To be exemplary stewards of the public trust and a model for excellence in government"; and WHEREAS, other successes during Mr. Miller's terms on the, Board include opening of a critically-needed replacement jail; widening of Chippenham Parkway from Powhite Parkway to Jefferson Davis Highway; reconstructing Salem Church Road; construction of the Chesterfield County Police Memorial; reduction of the real estate tax rate and expansion of real estate tax relief for the elderly and .disabled; attracting new business locations and expansions totaling more than $1.5 billion; announcing more than 8,229 new jobs; implementing the EMS system enhancements through revenue recovery; acquiring the Stratton property for a natural resource-based park adjoining Falling Creek; the long-awaited completion of Route 288; supporting county reservists called to serve in the war against global terrorism; and approval of the 2004 bond referendum, which enabled the county to continue to provide its residents with an outstanding quality of life; and WHEREAS, in addition to his strong support for public safety and other divisions within the county, Mr. Miller was also very supportive of the Chesterfield County Airport, recognizing it as a tremendous economic engine for the county, and expansion of the terminal and rehabilitation of the runway came to fruition during his terms on the board; and WHEREAS, Mr. Miller provided his expertise on the county's Budget and Audit Committee, and as a dedicated member of the Social Services Board throughout his tenure on the board, advocating for children and the elderly as well as for the highest standards in fiscal management; and 07-1144 12/19/07 WHEREAS, Mr, Miller had an important role in shaping the county's future through the Board's recent appointment of a new County Administrator, the first change in more than 20 years, and a new Police Chief; and WHEREAS, in addition to serving Chesterfield County, Mr. Miller also lent his talents to the Richmond Regional Planning District Commission and the Capital Region Airport Commission. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 19th day of December 2007, publicly recognizes and applauds the untiring efforts displayed by The Honorable Kelly E. Miller throughout his distinguished service as a member of~ the ..Board of Supervisors; !extends sincere appreciation, on behalf of the citizens of Chesterfield County, for his- selfless and dedicated public service; and offers best wishes for many more-years of health, happiness and successful endeavors. Ayes: Humphrey, King, Sowder and Warren. Nays: None. Absent: Miller. Mr. Miller was unable to be present and receive his resolution due to health issues. Mrs. Humphrey presented the resolution and Chairman's Plaque to Mrs. Edith Miller, accompanied by her daughter, and thanked them for being present to accept the resolution on Mr. Miller's behalf. Both Mrs. Miller and her daughter expressed appreciation for the recognition, on behalf of Mr. Miller. 14.E. RECOGNIZING THE HONORABLE RENNY BUSH HUMPHREY FOR HER SERVICE ON THE CHESTERFIELD COUNTY BOARD OF SUPERVISORS On motion of the Board, the following resolution was adopted: WHEREAS, Mrs. Renny Bush Humphrey was elected to the Chesterfield County Board of Supervisors, representing the Matoaca District, beginning in January 1996 and serving continuously until December 2007, winning re-election in 1999 and 2003; and WHEREAS, Mrs. Humphrey became a history-maker when she was elected the first female Chairman of the Board of Supervisors in 1998, and she again served as chairman in 2001; and WHEREAS, during her tenure on the board, the county maintained its AAA bond ratings from all three major bond rating agencies, and the citizens supported a bond referendum in 1996 by the largest majority in the history of the county, and also approved the 2004 bond referendum, enabling the county to continue to provide its residents with an outstanding quality of life; and r~ 07-1145 12/19/07 WHEREAS, Mrs. Humphrey consistently demonstrated her endorsement of the county's strategic goal, °to be the safest and most secure community," through her stalwart support of the public safety departments, and during her service on the Board, the county dedicated a new state-of-the-art Emergency Communications Center, a critically-needed replacement jail, and the new Winterpock Fire/EMS Station in her district; and U • WHEREAS, in addition to supporting public safety, Mrs. Humphrey was also passionate about the youths of the county through her advocacy of the county's Infant and Child Prevention Program, support of background checks for all youth coaches; the establishment of a Juvenile Drug Court Program, and funding of numerous initiatives to benefit students and children throughout the county; and WHEREAS, during her service on the board, Mrs. Humphrey strongly supported actions to assist county residents, following the natural disasters, Hurricane Isabel and Tropical Storm Gaston; and WHEREAS, Mrs. Humphrey has always been known as a friend to Virginia State University, lending her expertise when needed to assist the university with the tremendous growth that has occurred over the past several years; and WHEREAS, other successes during Mrs. Humphreys terms on the Board include county-wide baseball/softball .field improvements and significant park improvements at all county park facilities; reduction of the real estate tax rate and expansion of real estate tax relief for the elderly and disabled; attracting new business locations and. expansions totaling more than $2 billion; announcing 206 economic development projects and more than 14,408 new jobs; implementing EMS system enhancements through revenue recovery; the long-awaited completion of Route _288; reconstruction of Nash Road; the Halloway Road Sidewalk. Project; supporting county reservists called to serve in the war against global terrorism; opening of the new Matoaca High School and the recent opening of Cosby High School, as well as major maintenance projects at various schools throughout the county; and WHEREAS, other successes include adjus and thresholds; eliminating the county's widening of Hull Street from Swift Creek approval of the Watkins Centre and Magnolia Development Authorities; and dedicating the Police Precinct; and ting BPOL rates vehicle decal; to Winterpock; Green Community new Hull Street WHEREAS, in addition to serving Chesterfield County, Mrs. Humphrey also lent her talents to the Richmond Regional Planning District Commission, Crater Planning District Commission and Tri-Cities Metropolitan Transportation Planning Organization; and WHEREAS, as Chairman of the Crater Planning District Commission, Mrs. Humphrey played an integral role in the successful effort to prevent closing of Fort Lee and Defense Supply Center Richmond through the BRAC realignment process, which will result in significant economic development opportunities for the region. 07-1146 12/19/07 NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 19th day of December 2007, publicly recognizes and applauds the outstanding efforts displayed by The Honorable Renny Bush Humphrey throughout her distinguished service as a member of the Board of Supervisors; extends sincere appreciation, on behalf of the citizens of Chesterfield County, for her selfless and dedicated public service; and offers best wishes for continued success in her future endeavors. Mr. King thanked Mrs. Humphrey for her years of service to Chesterfield County. Ayes: Humphrey, King, Sowder and Warren. Nays: None. Absent: Miller. Mrs. Humphrey thanked the county citizens for giving her the opportunity to serve them. 15. ZONING CASE, DEFERRED TO THIS DATE, THAT HAS BEEN ADVERTISED, BUT WILL NOT BE HEARD PURSUANT TO SECTION 23 OF THE 2007 PROCEDURES OF THE BOARD OF SUPERVISORS - IF A MAJORITY OF THE BOARD IS NOT RE-ELECTED, NO ZONING CASE SHALL BE CONSIDERED BY THE BOARD OF SUPERVISORS AFTER NOVEMBER 6, 2007, UNTIL THE ORGANIZATIONAL MEETING IN JANUARY 2008, UNLESS SUCH DELAY WOULD EXCEED TWELVE MONTHS FOR THAT CASE: 08SN0131 In Matoaca Magisterial District, CHESTERFIELD COUNTY BOARD OF SUPERVISORS requests Conditional Use and amendment of .zoning district map to permit a computer-controlled, variable message, electronic sign. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for residential use of 1-5 acre-lots, suited to R-88 zoning. This request lies in an Agricultural (A) District on 137.2 acres fronting approximately 1,600 feet on. the north and south lines of John Winston Jones Parkway approximately 900 feet northeast of Woodpecker Road; also fronting in two (2) places for approximately 280 feet on tYe northeast line of Woodpecker Road approximately 600 feet southeast of John Winston Jones Parkway. Tax ID 783-626-4767... Mr. Turner. presented information regarding the zoning case, which was deferred to this date and therefore advertised for public hearing; however,. pursuant to the procedures of the Board of Supervisors, the case will need to be deferred to February 27, 2008. On motion of Mr. King, seconded by Mr. Warren, the Board suspended their rules to hear Case 08SN0131. Ayes: Humphrey, King, Sowder and Warren. Nays: None. Absent: Miller. Mrs. Humphrey called for public comment. r ~J 07-1147 12/19/07 There being no one to address the request, the public hearing was closed. • ~~ On motion of Mr. Sowder, seconded by Mr. King, the Board deferred Case 08SN0131 until February 27, 2008. Ayes: Humphrey, King, Sowder and Warren. Nays: None. Absent: Miller. Mr. Turner thanked the outgoing Board members on behalf of the Planning Department for the support of the department and wished them the best in their future endeavors. Mr. Warren excused himself from the meeting. (8:10 pm) 16. PUBLIC HEARINGS 16.A. TO CONSIDER THE TAX EXEMPTION REQUEST OF THE EPPINGTON FOUNDATION Mr. Micas stated this date and time has been advertised for the Board to consider the tax exemption request of The Eppington Foundation. Mrs. Humphrey called for public comment. Mr. Pete Mann, representative of Eppington Foundation, urged the Board to adopt the ordinance. There being no one else to speak to the issue, the public. hearing was closed. On motion of Mr. King, seconded by Mrs. Humphrey, the Board adopted the following ordinance designating the real property of The Eppington Foundation tax exempt: AN ORDINANCE TO DESIGNATE REAL PROPERTY OWNED BY EPPINGTON FOUNDATION TO BE EXEMPT FROM PROPERTY TAXATION •i WHEREAS, subsection 6(A)(6) of Article X of the Constitution of Virginia, on and after January 1, 2003, authorizes localities to designate as exempt from local taxation the real or personal property, or both, owned by a non-profit organization that uses such property for religious, charitable, patriotic, historical, benevolent, cultural, or public park and playground purposes; and WHEREAS, the County has received a request from the Eppington Foundation to consider granting it a tax exemption for a specific piece of real property owned by it in Chesterfield County and described as County Property Tax Parcel ID No. 709635067600000; and WHEREAS, in accordance with Va. Code, §58.1-3651 the Board has conducted a public hearing and' considered each of the questions required to be considered before adopting an ordinance granting any such exemption; and WHEREAS, the Board has determined that the Eppington Foundation meets the requirement for the real property tax 07-1148 12/19/07 exemption that it has requested by reason of its being a non- profit organization ..which uses the real property for which it is requesting the exemption for historical purposes. NOW THEREFORE BE IT ORDAINED by the Board of Supervisors of Chesterfield County: 1. The Eppington Foundation is hereby designated a historical organization within the context of Section 6(A)(6) of Article X of the Constitution of Virginia. 2. The real property located in Chesterfield County owned by the Eppington Foundation and described as County Property Tax Parcel ID No. 709635067600000 is used by such organization exclusively for historical purposes on a non- profit basis 'as set forth in Section 1 of this ordinance and is hereby determined to be exempt from local taxation up to a maximum amount of $5,000. This exemption shall be contingent on the continued use of the property in accordance with the purpose for which the organization is designated as exempt in Section 1. 3. This real property tax exemption shall be effective as of January 1, 2008. 4. This ordinance shall not be set out in the County Code but shall be kept on file in the offices of the real estate assessor and commissioner of revenue. 5. This ordinance shall be in effect immediately upon its adoption. Ayes: Humphrey, King and Sowder. Nays: None. Absent: Miller and Warren. 16.B. TO CONSIDER THE TAX EXEMPTION REQUEST OF CHESTERFIELD ALTERNATIVES, INCORPORATED Mr. Micas stated this date and time has been advertised for the Board to consider the tax exemption request of Chesterfield Alternatives, Incorporated. Mrs. Humphrey called for public comment. No one came forward to speak to the request. On motion of Mrs. Humphrey, seconded by Mr. King, the Board adopted the following ordinance designating the real property of Chesterfield Alternatives, Inc. tax exempt:. AN ORDINANCE TO .,DESIGNATE REAL PROPERTY OWNED BY CHESTERFIELD ALTERNATIVES, INC. TO BE EXEMPT FROM PROPERTY TAXATION WHEREAS, subsection 6(A)(6) of Article X of the Constitution of Virginia, on and after January 1, 2003, authorizes localities to designate as exempt from local taxation the real or personal property, or both, owned by a non-profit organization that uses such property for religious, charitable, patriotic, historical, benevolent, cultural, or public park and playground purposes; and r ~ ~J • 07-1149 12/19/07 WHEREAS, the County has received a request from Chesterfield Alternatives, Inc. to consider granting it a tax exemption for a specific piece of real property owned by it in Chesterfield County and described as County Property Tax Parcel ID No. 731673318700000; and •'. •i WHEREAS, in accordance with Va. Code, §58.1-3651 the Board has conducted a public hearing and considered each of the questions required to be considered before adopting an ordinance granting any such exemption; and WHEREAS, the Board has determined that Chesterfield Alternatives, Inc. meets the' requirement for the real property tax exemption that it has requested by reason of its being a non-profit organization which uses the real property for which it is requesting the exemption for benevolent purposes. NOW THEREFORE BE IT ORDAINED by the Board of Supervisors of Chesterfield County: 1. Chesterfield Alternatives, Inc. is hereby designated a benevolent organization within the context of Section 6(A)(6) of Article X of the Constitution of Virginia. 2. The real property located in Chesterfield County owned by Chesterfield Alternatives, Inc. and described as County Property Tax Parcel ID No. 731673318700000 is used by such organization exclusively for benevolent purposes on a non-profit basis as set forth in Section 1 of this ordinance and is hereby determined to be exempt from local taxation up to a maximum amount of $5,000. This exemption shall be contingent on the continued use of the property in accordance with the purpose for which the organization is designated as exempt in Section 1. 3. This real property tax exemption shall be effective as of January 1, 2008. 4. This ordinance shall not be set out in the County Code but shall be kept on file in the offices of the real estate assessor and commissioner of revenue. 5. This ordinance shall be in effect immediately upon its adoption. Ayes: Humphrey, King and Sowder. Nays: None. Absent: Miller and Warren. 16.C. TO CONSIDER THE TAX EXEMPTION REQUEST OF PATIENT SERVICES, INCORPORATED Mr. Micas stated this date and time has been advertised for the Board to consider the tax exemption request of Patient Services, Incorporated. Mrs. Humphrey called for public comment. No one came forward to speak to the request. 07-1150 12/19/07 On motion of Mr. King, seconded by Mrs. Humphrey, the Board adopted the following ordinance designating the real property of Patient Services, Incorporated tax exempt: AN ORDINANCE TO DESIGNATE REAL PROPERTY OWNED BY PATIENT SERVICES, INC. TO BE EXEMPT FROM PROPERTY TAXATION WHEREAS, subsection 6(A)(6) of Article X of the Constitution of Virginia, on and after January 1, 2003, authorizes localities to designate as exempt from local taxation the real or personal property, or both, owned by a non-profit organization that uses such property for religious, charitable, patriotic, historical, benevolent, cultural, or public park .and playground purposes; and WHEREAS, the County has received a request from Patient Services, Inc. to consider granting it a tax exemption for three specific pieces of real property owned -~by it in Chesterfield County and described as County Property Tax Parcel ID Nos. 731687113600000, 730687527000000, and 730687964700000 (the "Real Property"); and WHEREAS, in accordance with. Va. Code, §58.1-3651 the Board has.,. conducted a public hearing and .considered each of the questions required to be considered before adopting an ordinance granting any such exemption; and WHEREAS, the Board has determined that Patient Services, Inc. meets the requirement for the real property tax exemption that it has requested by reason of its being a non= profit organization which uses the real property for which it is requesting the exemption for benevolent purposes; and WHEREAS, it is the policy of the Board to limit tax exemptions for real estate to a maximum amount of $5,000. NOW THEREFORE BE IT ORDAINED by the Board of Supervisors of Chesterfield County.: 1. Patient Services, Inc. is hereby designated a benevolent organization within the context of Section 6(A)(6) of Article X of the Constitution of Virginia. 2. The Real Property is used by Patient Services, Inc. exclusively for benevolent purposes on a non-profit basis as set forth in Section 1 of this ordinance and is hereby determined to be exempt from local taxation up to a maximum amount of $5,000. This exemption shall be contingent on the continued use of the property in accordance with the purpose for which the organization is designated as exempt in Section 1. 3. This real property tax exemption shall be effective as of January 1, 2008. 4. This ordinance shall not be set out in the County Code but shall be kept on file in the offices of the real estate assessor and commissioner of revenue. 5. This ordinance shall be in effect immediately upon its adoption. Ayes: Humphrey, King and Sowder. Nays: None. Absent: Miller and Warren. • ~ • 07-1151 12/19/07 16.D. TO CONSIDER THE TAX EXEMPTION REQUEST OF COMMUNITY BASED SERVICES, INCORPORATED Mr. Micas stated this date and time has been advertised for the Board to consider the tax exemption request of Community Based Services, Incorporated. • Mrs. Humphrey called for public comment. Mrs. Pam Jones, representative of Community Based Services, thanked the Board for the consideration of the request. There being no one else to speak to the issue, the public hearing was closed. On motion of Mr. King, seconded by Mr. Sowder, the Board adopted the following ordinance designating the real property of Community Based Services, Incorporated tax exempt: AN ORDINANCE TO DESIGNATE REAL PROPERTY OWNED BY COMMUNITY BASED SERVICES, INC. TO BE EXEMPT FROM PROPERTY TAXATION r • WHEREAS, subsection 6(A)(6) of Article X of the Constitution of Virginia, on and after January 1, 2003, authorizes localities to designate as exempt from local taxation the real or personal property, or both, owned by a non-profit organization that uses such property for religious, charitable, patriotic, historical, benevolent, cultural, or public park and playground purposes; and WHEREAS, the County has received a request from Community Based Services, Inc. to consider granting it a tax exemption for a specific piece of real property owned by it in Chesterfield County and described as County Property Tax Parcel ID No. 776687002900000; and WHEREAS, in accordance with Va. Code, §58.1-3651 the Board has conducted a public hearing and considered each of the questions required to be considered before adopting an ordinance granting any such exemption; and WHEREAS, the Board has determined that Community Based Services, Inc. meets the requirement for the real property tax exemption that it has requested by reason of its being a non-profit organization which uses the real property for which it is requesting the exemption for benevolent purposes. NOW THEREFORE BE IT ORDAINED by the Board of Supervisors of Chesterfield County: 1. Community Based Services, Inc. is hereby designated a benevolent organization within the context of Section 6(A)(6) of Article X of the Constitution of Virginia. 2. The real property located in Chesterfield County owned by Community Based Services, Inc. and described as County Property Tax Parcel ID No. 776687002900000 is used by such organization exclusively for benevolent purposes on a non-profit basis as set forth in Section 1 of this ordinance and is hereby determined to be exempt from local taxation up to a maximum amount of $5,000. This exemption shall be 07-1152 12/19/07 contingent on the continued use of the property in accordance with the purpose for which the organization is designated as exempt in Section 1. 3. This real property tax exemption shall be effective as of January 1, 2008. 4. This ordinance shall not be set out in the County Code but shall be kept on file in the offices of the real estate assessor and commissioner of revenue. 5. This ordinance shall be in effect immediately upon its adoption. Ayes: Humphrey, King and Sowder. Nays: None. Absent: Miller and Warren. 16.E. TO CONSIDER THE TAX EXEMPTION REQUEST OF 'JOHNS FOUNDATION Mr. Micas stated this date and time has been advertised for the Board to consider the tax exemption request of Johns Foundation. Mrs. Humphrey called for public comment. John Smith, the Executive Director of Johns Foundation, urged the favorable consideration of the request. There being no one else to speak to the issue, the public hearing was closed. Mr. Warren returned to the meeting. On motion of Mrs. Humphrey, seconded by Mr. Sowder, the Board adopted the following ordinance designating the personal property of John Foundation tax exempt: AN ORDINANCE TO DESIGNATE THE PERSONAL PROPERTY OWNED BY THE JOHNS FOUNDATION TO BE EXEMPT FROM PROPERTY TAXATION WHEREAS, subsection 6(A)(6) of Article X of the Constitution of Virginia, on and after January 1, 2003, authorizes localities to designate as exempt from local taxation the real or personal property, or both, owned by a non-profit organization that uses such property for religious, charitable, patriotic, historical, benevolent, cultural, or public park and playground purposes; and WHEREAS, the County has received a request from the Johns Foundation to consider granting it a tax exemption for personal property owned by it in Chesterfield County and located at the Hawthorne Cancer Resource Center at 1459 Johnston-Willis Drive (the "Personal Property); and WHEREAS, in accordance with Va. Code, §58.1-3651 the Board has conducted a public hearing and considered each of the questions required to be considered before adopting an ordinance granting any such exemption; and i• 07-1153 12/19/07 WHEREAS, the Board has determined that the Johns Foundation meets the requirement for the personal property tax exemption that it has requested by reason of its being a non-profit organization which uses the personal property for which it is requesting the exemption for benevolent purposes. • • •i NOW THEREFORE BE IT ORDAINED by the Board of Supervisors of Chesterfield County: 1. The Johns Foundation is hereby designated a benevolent organization within the context of Section 6(A)(6) of Article X of the Constitution of Virginia. 2. The Personal Property is used by the Johns Foundation for benevolent purposes on a non-profit basis as set forth in Section 1 of this ordinance and is hereby determined to be exempt from local taxation. This exemption shall be contingent on the continued use of the property in accordance with the purpose for which the organization is designated as exempt in Section 1. 3. This personal property tax exemption shall be effective as of January 1, 2008. 4. This ordinance shall not be set out in the County Code but shall be kept on file in the offices of the real estate assessor and commissioner of revenue. 5. This ordinance shall be in effect immediately upon its adoption. Ayes: Humphrey, King, Sowder and Warren. Nays: None. Absent: Miller. 16.F. TO CONSIDER THE TAX EXEMPTION REQUEST OF RICHMOND GOODWILL INDUSTRIES, INCORPORATED Mr. Micas stated this date and time has been advertised for the Board to consider the tax exemption request of Richmond Goodwill Industries, Incorporated. Mrs. Humphrey called for public comment. No one came forward to speak to the request. Mr. Sowder requested consideration of giving a tax break to the larger non-profit companies in the county in excess of the $5,000 cap. In response to Mrs. Humphrey s questions, Mr. Stegmaier explained the process of evaluating each non-profit business' request for tax exemption. He suggested revisiting the policy of the cap on non-profit businesses and looking countywide at what the cost may be. On motion of Mr. Sowder; seconded by Mrs. Humphrey, the Board adopted the following ordinance designating the real property of Richmond Goodwill Industries, Incorporated tax exempt with a request that the future Board re-evaluate the policy: 07-1154 12/19/07 AN ORDINANCE TO DESIGNATE REAL PROPERTY OWNED BY RICHMOND GOODWILL INDUSTRIES, INC. TO BE EXEMPT FROM PROPERTY TAXATION WHEREAS, subsection 6(A)(6') of Article X of the Constitution of Virginia, on and after January 1, 2003, authorizes localities to designate as exempt from local taxation the real or personal property, or both, owned by a non-profit organization that uses such property for religious, charitable, patriotic, historical, benevolent, cultural, or public park and playground purposes; and WHEREAS, the County has received a request from Richmond Goodwill Industries, Inc. to consider granting it a tax exemption for a specific piece of real property owned by it in Chesterfield County and described as County Property Tax Parcel ID No. 739709205300000; and WHEREAS, in accordance with Va. Code, X58.1-3651 the Board has conducted a public hearing and considered each of the questions required to be considered before adopting an ordinance granting any such exemption; and WHEREAS, the Board has determined that Richmond Goodwill Industries, Inc. meets the requirement for the real property tax exemption that it has requested by reason of its being a non-profit organization which uses the real property for which it is requesting the exemption for charitable and benevolent purposes; WHEREAS, it is the policy of the Board to limit tax exemptions for real estate to a maximum amount of $5,000. NOW THEREFORE BE IT ORDAINED by the Board of Supervisors of Chesterfield County: 1. Richmond Goodwill Industries, Inc. is hereby designated a charitable and benevolent organization within the context of Section 6(A)(6) of Article X of the Constitution of Virginia. 2. The real property located in Chesterfield County owned by Richmond Goodwill Industries, Inc. and described as County Property Tax Parcel ID No. 739709205300000 is used by such organization exclusively for charitable and benevolent purposes on a non-profit basis as set forth in Section 1 of this ordinance and is hereby determined to be exempt from local taxation up to a maximum amount of $5,000. This exemption shall be contingent on the continued use of the property in accordance with the purpose for which the organization is designated as exempt in Section 1. 3. This real property tax exemption shall be effective as of January 1, 2008. 4. This ordinance shall not be set out in the County Code but shall be kept on file in the offices of the real estate assessor and commissioner of revenue. 5. This ordinance shall be in effect immediately upon its adoption. Ayes: _ Humphrey, King, Sowder and Warren. Nays:. None. Absent: Miller. • • C] 07-1155 12/19/07 16.G. TO CONSIDER A PROPOSED AMENDMENT TO THE ORDINANCE CREATING THE LOWER MAGNOLIA GREEN COMMUNITY DEVELOPMENT AUTHORITY • Mr. Pitaro stated this date and time has been advertised for a public hearing for the Board to consider a proposed amendment to the ordinance creating the Lower Magnolia Green Community Development Authority. Mrs. Humphrey called for public comment. No one came forward to speak to the request. On motion of Mr. King, seconded by Mr: Sowder, the Board adopted the following amendment to the ordinance creating the Lower Magnolia Green Community Development Authority (CDA): AN ORDINANCE AMENDING THE ORDINANCE CREATING THE LOWER MAGNOLIA GREEN COMMUNITY DEVELOPMENT AUTHORITY IN ORDER TO UPDATE AND CORRECT THE DESCRIPTION OF THE COMMUNITY DEVELOPMENT AUTHORITY DISTRICT • •I WHEREAS, the Board of Supervisors of the County of Chesterfield, Virginia (the "Board of Supervisors") authorized the creation of the Lower Magnolia Green Community Development Authority (the "CDA") by ordinance entitled "An Ordinance to Amend the Code of the County of Chesterfield, 1997, as amended, by adding Chapter 9, Article XVII, Sections 9-240, 9-241, 9-242, 9-243, 9-244, 9-245, 9-246, 9-247, 9- 248, and 9-249 Creating the Lower Magnolia Green Community Development Authority", adopted August 22, 2007 (the "Ordinance"); and WHEREAS, Magnolia Green Development, LLC, as the owner of all of the land in the CDA (the "Landowner") submitted a Petition, dated June 22, 2007 (the "Petition") requesting the Board of Supervisors to create the CDA; and WHEREAS, the Landowner has submitted an Amendment to Petition requesting that the Ordinance be updated and corrected to reflect the updated and corrected tax map parcel numbers of the real estate in the CDA after the withdrawal of the Golf Course Land (as defined in the Petition); and WHEREAS, a public hearing has been held on December 19, 2007 by the Board of Supervisors on the adoption of this Ordinance and notice has been duly published in accordance with the requirements of §§15.2-5104 and 15.2-5156 of the Code of Virginia of 1950, as amended (the "Act"); NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of the County of Chesterfield, Virginia as follows: 1. Amendment of Ordinance. The Ordinance is hereby amended by substituting the attached Legal Description for Exhibit A to the Ordinance. 2. Amended and Restated Articles of Incorporation. The County Administrator is authorized and directed to execute and file Amended and Restated Articles of Incorporation with the State Corporation Commission in substantially the form on file with the County Administrator 07-1156 12/19/07 with such changes or corrections as the County Administrator may approve prior to filing in order to reflect the corrected and updated tax parcels in the CDA. 3. Recordation of Ordinance. In accordance with Section 15.2-5157 of the Act, a copy of this Ordinance, together with the Ordinance, shall be recorded in the land records of the Clerk's Office of the Circuit Court of the County of Chesterf-field for each tax map parcel in the CDA District and the CDA District shall be noted on the land records of the County. 4. Effective Date.. This Ordinance shall take effect immediately upon its adoption. Ayes: Humphrey, King, Sowder and Warren. Nays: None. Absent: Miller. 16.H. TO CONSIDER AN ORDINANCE DIVIDING DEER RUN VOTING PRECINCT IN MATOACA DISTRICT INTO TWO PRECINCTS Mr. Haake stated this date and time has been advertised for a public hearing for the Board to consider an ordinance dividing Deer Run voting precinct in Matoaca District into two precincts. Mrs. Humphrey called for public comment. No one came forward to speak to the request. In response to Mr. Warren`s question, Mr. Haake explained that the incoming Board member had been briefed on the need to divide the voting precinct. On motion of Mrs. Humphrey, seconded by Mr. King, the Board adopted the following ordinance: AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING AND RE-ENACTING SECTION 7-3 TO SPLIT DEER RUN VOTING PRECINCT INTO TWO PRECINCTS BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Section 7-3 of the Code of the County of Chesterfield, 1997, as amended, is amended and re-enacted to read as follows: Sec. 7-3. Precinct Boundaries and Polling Places. 0 0 0 Deer Run Voting Precinct (302): Beginning at the point where the center line of Winterpock Road intersects the center line of U.S. Route 360 (Hull Street Road); thence eastward along the center line of U.S. Route 360 (Hull. Street Road) to its intersection with Swift Creek; thence southward along the center line of Swift Creek I~ i• 07-1157 12/19/07 U •i to its intersection with Spring Run Creek; thence along the center line of Spring Run Creek as it meanders southward to its intersection with North Spring Run Road (State Route 654); thence westward along the center line of North Spring Run Road to its intersection with McEnnally Road; thence westward along the center line of McEnnally Road to its intersection with Winterpock Road; thence north along the center line of Winterpock Road to its intersection with U.S. Route 360 (Hull Street Road), the point and place of beginning. The voting place for Deer Run Voting Precinct shall be Clover Hill Library, 6701 Deer Run Drive. Cosby Voting Precinct (307): Beginning at the point where the center line of Winterpock Road intersects the center line of U.S. Route 360 (Hull Street Road); thence westward along the center line of U.S. Route 360 (Hull Street Road) to its intersection with Baldwin Creek Road (State Route 730) thence southward along the center line of Baldwin Creek Road (State Route 730) to its intersection with Beach Road; thence eastward along the center line of Beach Road (State Route 655) to its intersection with Winterpock Road; thence northward along the center line of Winterpock Road to its intersection with U.S. Route 360 (Hull Street Road), the point and place of beginning. The voting place for Cosby Voting Precinct shall be Cosby High School, 14300 Fox Club Parkway, Midlothian, VA 23112. (2) That this ordinance shall become effective immediately upon adoption. Ayes: Humphrey, King, Sowder and Warren. Nays: None. Absent: Miller. 16.I. TO AUTHORIZE THE COUNTY ADMINISTRATOR TO EXECUTE A LEASE OF THE BOATHOUSE AT ROBIOUS LANDING PARK TO THE VIRGINIA BOAT CLUB Mr. Golden stated this date and time has- been advertised for a public hearing 'for the Board to authorize the County Administrator to execute a lease of the boathouse at Robious Landing Park to the Virginia Boat Club. Mrs. Humphrey called for public comment. No one came forward to speak to the request. On motion of Mr. King, seconded by Mr. Sowder, the Board authorized the County Administration to execute a lease of the boathouse at Robious Landing Park to the Virginia Boat Club. Ayes: Humphrey, King, Sowder and Warren. Nays: None. Absent: Miller. 07-1158 12/19/07 16.J. TO CONSIDER AN ORDINANCE TO VACATE LOT 1, PLAN OF 72 T V'G! 12MATdT Mr. Stith stated this date and time has been advertised for a public hearing for the Board to consider an ordinance to vacate Lot 1, Plan of Rivermont. Mrs. Humphrey called for public comment. No one came forward to speak to the request. On motion of Mr. King, seconded by Mrs. Humphrey, the Board adopted an ordinance to vacate Lot 1, Plan of Rivermont. Ayes: Humphrey, King, Sowder and Warren. Nays: None. Absent: Miller. 16.K. TO CONSIDER A REQUEST TO VACATE PORTIONS OF UNIMPROVED COUNTY RIGHT OF WAY KNOWN AS CENTRE STREET Mr. Stith stated this date and time has been advertised for a public hearing for the Board to consider a request to vacate portions of unimproved county right of way known as Centre Street. Mrs. Humphrey called for public comment. No one came forward to speak to the request. On motion of Mr. King, seconded by Mrs. Humphrey, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute quitclaim deeds to vacate portions of the unimproved county right of way known as Centre Street. Ayes: Humphrey, King, Sowder and Warren. Nays: None. Absent:. Miller. 17. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED MATTERS Mrs. Andrea Epps thanked the Board members for their years of service and dedication to citizens of Chesterfield County. 18. ADJOURNMENT On motion of Mrs. Humphrey, seconded by Mr. King, the Board adjourned at 8:34 p.m. until January 9, 2008 at 3:00 p.m. Ayes: Humphrey, King, Nays: None. Absent: .Miller. mes J Ste ier County Administrator Sowder and Warren. , r Kell "E. Miller Chairma I~ 07-1159 12/19/07