Chesterfield County, Virginia | Board of Supervisors

Supervisors in Attendance:

Mr. Kelly E. Miller, Chairman

Mrs. Renny B. Humphrey , Vice Chairman

Mr. R. M. “Dickie" King, Jr.

Mr. Donald D. Sowder

Mr. Arthur S. Warren

Mr. James J. L. Stegmaier
County Administrator

Staff in Attendance:

Ms. Janice Blakley, Clerk to the Board

Mr. George Braunstein, Exec. Dir., Commuinty
Services Board

Mr. Allan Carmody, Dir., Budget and Management

Ms. Marilyn Cole, Asst. County Administrator

Mr. Barry Condrey, Chief Information Officer

Mr. Roy Covington, Dir., Utilities

Ms. Mary Ann Curtin, Dir., Intergovtl. Relations

Mr. Michael Dance, Asst. Dir., Accounting

Ms. Rebecca Dickson, Dep. County Administrator,
Human Services

Colonel Thierry Dupuis, Police Department

Mr. Michael Golden, Dir., Parks and Recreation

Mr. John W. Harmon, Right-of-Way Manager

Mr. Russell Harris, Mgr. of Community Development
Services

Mr. Thomas E. Jacobson, Dir., Revitalization

Mr. Donald Kappel, Dir., Public Affairs

Mr. Rob Key, Director, General Services

Mr. Louis Lassiter, Dir., Internal Audit

Mr. Mike Mabe, Director,Libraries

Chief Paul Mauger, Fire Department

Mr. R. John McCracken, Dir., Transportation

Mr. Steven L. Micas, County Attorney

Ms. Sarah Snead, Dir., Social Services

Mr. M. D. Stith, Jr., Deputy County Admin.,
Community Development

Mr. Thomas Taylor, Dir., Block Grant Office

Mr. Kirk Turner, Dir., Planning

Mr. Rick Witt, Building Inspection

Mr. Scott Zaremba, Asst. Dir., Human Resource Mgmt.

On Motion of Mr. King, seconded by Mrs. Humphrey, the Board approved the minutes of October 24, 2007, as submitted.

Ms. Leidheiser introduced Mrs. Blanche Castelow and Mrs. Shirley Hudson, the 2007 inductees into the Senior Volunteer Hall of Fame.

Mr. Stegmaier expressed appreciation to Mrs. Castelow and Mrs. Hudson for their outstanding voluntarism and congratulated them on being inducted into the Senior Volunteer Hall of Fame.

(It is noted Dr. Betty Clapp, who was not in attendance, was also recognized for induction into the Hall of Fame.)

2.B. BRIEFING REGARDING THE BLACK VULTURE SITUATION AT DUTCH GAP CONSERVATION AREA

Ms. Dickson provided details of past efforts by various agencies to reduce the number of vultures at the Dutch Gap conservation area. She stated a meeting has been scheduled for November 19, 2007, for various stakeholders to discuss the vulture issue.

Mr. Scott Barras, State Director, United States Department of Agriculture Wildlife Services, stated many solutions are being considered. He further stated a comprehensive long-term approach has been developed to deal with the issue, which consists of tagging individual vultures and harassment to disperse the vultures from the Dutch Gap site.

In response to Mr. Miller’s question, Mr. Barras stated that vultures are not an endangered species and are expanding throughout their range. He further stated it is estimated that there are 35,000 vultures in Virginia.

4. REQUESTS TO POSTPONE AGENDA ITEMS AND ADDITIONS, OR CHANGES IN THE ORDER OF PRESENTATION

On motion of Mrs. Humphrey, seconded by Mr. King, the Board replaced Item 8.D.9., Approval of a Wetlands Mitigation Agreement with Coverly Wetlands Mitigation Bank; replaced Item 8.D.14., Award of Contract for Management Consulting Services to Conduct a Management Study for Chesterfield County; and adopted the agenda, as amended.

5.A. RECOGNIZING THE MIDLOTHIAN YOUTH SOCCER LEAGUE ON ITS THIRTIETH ANNIVERSARY

Mr. Kappel introduced Mr. John Addison, Executive Director of the Midlothian Youth Soccer League, and members of the Board of Directors or the organization, who were present to receive the resolution.

WHEREAS, in 2007, the Midlothian Youth Soccer League observes its 30-year anniversary; and

WHEREAS, for three decades, the Midlothian Youth Soccer League has provided Chesterfield County youths with outstanding recreational opportunities; and

WHEREAS, the league has emphasized teamwork and giving all team members an opportunity to play; and

WHEREAS, participants have learned not only teamwork, but also respect for one another and for officials and opponents; and

WHEREAS, these young athletes also have had excellent opportunities to achieve and maintain physical fitness; and

WHEREAS, the Midlothian Youth Soccer League has grown to more than 1,600 players; and

WHEREAS, the league is led by a volunteer Board of Directors and many of its field operations are performed by other, equally dedicated volunteers; and

WHEREAS, the Midlothian Youth Soccer League is a strong and well-respected asset for Chesterfield County families; and

WHEREAS, all Chesterfield County residents benefit from the recreational opportunities and citizenship training provided to the 1,600 young people who participate in the Midlothian Youth Soccer League.

NOW, THEREFORE, BE IT RESOLVED, that the Chesterfield County Board of Supervisors, this 14th day of November 2007, on behalf of the citizens of Chesterfield County, extends its best wishes to the Midlothian Youth Soccer League, thanks its adult leaders for their commitment to our county’s youths, and wishes the Midlothian Youth Soccer League continued success.

AND, BE IT FURTHER RESOLVED that a copy of this resolution be presented to the Midlothian Youth Soccer League and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia.

Mrs. Humphrey presented the executed resolution to Mr. Addison, accompanied by members of the Board of Directors, and congratulated them on the accomplishments of the Midlothian Youth Soccer League and wished them continued success.

Mr. Addison expressed appreciation to the Board for the recognition and for the county’s support of the organization over the years.

5.B. RECOGNIZING MR. PETER ZAINO FOR HIS OUSTANDING REPRESENTATION OF CHESTERFIELD COUNTY AT THE 2007 SPECIAL OLYMPICS SUMMER GAMES

Mr. Kappel introduced Mr. Peter Zaino, who was presented to receive the resolution.

WHEREAS, Mr. Peter Zaino is a resident of the Midlothian District of Chesterfield County, Virginia; and

WHEREAS, Mr. Zaino joined with more than 400 other athletes to represent Team USA in the 2007 Special Olympics World Summer Games in Shanghai, China; and

WHEREAS, all eight Virginia athletes earned a medal this year, astounding even their staunchest supporters; and

WHEREAS, Mr. Zaino and the other athletes performed in front of more than 80,000 spectators in Shanghai, and for a global television audience; and

WHEREAS, Mr. Zaino’s training and hard work in preparing for the Special Olympics paid off, as he earned two gold medals; and

WHEREAS, the first gold medal was for the 25-meter butterfly swimming event; and

WHEREAS, Mr. Zaino also earned a 4th-place ribbon in the 50-meter freestyle event; and

WHEREAS, Mr. Zaino’s achievements in the 2007 Special Olympics World Summer Games in Shanghai, China brought credit to himself, to the United States of America, and to Chesterfield County, Virginia.

NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 14th day of November 2007, on behalf of the citizens of Chesterfield County, extends its congratulations to Mr. Peter Zaino for his outstanding athletic achievements, commitment and dedication, and thanks him for his performance in Shanghai, China, which reflected well on him, his community and his nation.

AND, BE IT FURTHER RESOLVED that this resolution be presented to Mr. Zaino and that it be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia.

Mr. Sowder presented the executed resolution to Mr. Zaino, congratulated him on his outstanding accomplishments, and wished him future success.

5.C. RECOGNIZING LIEUTENANT PETER C. SVOBODA, FIRE AND EMERGENCY MEDICAL SERVICES DEPARTMENT, UPON HIS RETIREMENT

Chief Mauger introduced Lieutenant Peter Svoboda, who was present to receive the resolution.

On motion of the Board, the following resolution was adopted:
WHEREAS, Lieutenant Peter C. Svoboda will retire from the Fire and Emergency Medical Services Department, Chesterfield County, on December 1, 2007; and
WHEREAS, Lieutenant Svoboda attended Recruit School #13 in 1982 and has faithfully served the county for 25 years in various assignments, as a firefighter at the Wagstaff and Bensley Fire and EMS Stations; and as a lieutenant at the Dale, Matoaca, Airport, Clover Hill and Courthouse Road Fire and EMS Stations; and
WHEREAS, Lieutenant Svoboda was selected for the key position of Coordinator for Recruit School #18 in 1987; served faithfully as an integral member and leader of the HAZMAT Team; and spearheaded the creation of the Chesterfield Fire and Emergency Medical Services Department’s Mediation Team; and
WHEREAS, Lieutenant Svoboda was recognized in October of 1989 with an Emergency Medical Services Life Save award for his role in saving the life of a man found in cardiac arrest; and
WHEREAS, Lieutenant Svoboda was recognized in October of 1995 with an Emergency Medical Services Unit Citation for his role in the extrication and rescue of a citizen trapped in a wrecked vehicle; and
WHEREAS, Lieutenant Svoboda served as the President of Local 2803, Chesterfield Professional Firefighters Association for 15 years, advocating for career firefighters and facilitating positive relations between the workforce and administration.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 14th day of November 2007, publicly recognizes the contributions of Lieutenant Peter C. Svoboda, expresses the appreciation of all residents for his service to the county, and extends appreciation for his dedicated service and congratulations upon his retirement.
AND, BE IT FURTHER RESOLVED that a copy of this resolution be presented to Lieutenant Svoboda, and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia.
Mr. Warren presented the executed resolution, acrylic statue and watch to Lieutenant Svoboda, accompanied by members of his family, expressed appreciation for his dedicated service and congratulated him on his retirement.

Lieutenant Svoboda expressed appreciation to the Board for the recognition and stated it has been a great 25 years.

8.A. APPROVAL OF AGREEMENTS AND FINANCIAL DESIGNATIONS TO PURCHASE THE GROUND LEASE AT CLOVERLEAF MALL

Assistant County Attorney Tara McGee provided details of actions beings requested of the Board to authorize the purchase of the remaining ground lease at Cloverleaf Mall. She stated that the sale and approval of the contract would complete the acquisition of all property at Cloverleaf Mall and would also settle a pending lawsuit. She stated the sale contract with Crosland is contingent on a successful rezoning of the property and potential economic incentives.

In response to Mr. King’s question, Ms. McGee stated the approximate size of the property is 83 acres.

In response to Mr. Miller’s question, Ms. McGee stated the county would continue to pay ground lease payments, which are approximately $339,000 a year, but are subject to an escalator. She further stated the annual payment could increase to over $400,000 and continue to increase at least every eight years. She stated the agreement offered by Millmar needs to be ratified today for acceptance by the Economic Development Authority tomorrow. She further stated, if the Board chooses not to approve the agreement, Millmar’s offer at $7.25 million goes away, and the county will be back in litigation to determine the appropriate measure to determine the value.

Mr. Warren expressed concerns relative to what will happen with the developer’s offer to purchase the property if the Board does not take the requested action today.

Mr. King expressed disappointment that he was only provided thirty minutes in closed session to consider the first purchase at Cloverleaf because of a $600,000 purchase option that the county had paid without his knowledge. He further stated he has not once voted against business, and will not do so today. He expressed concerns that the current proposal for re-developing Cloverleaf Mall is nothing like staff originally represented it in closed session, indicating that he regrets having supported the earlier proposal. He stated this is the most disappointing issue he has faced in four years on the Board. He referenced the Meadowville tract and noted that he voted against continuing to pay those options. He compared the Cloverleaf Mall project to Branner Station, indicating that it was his dream for the Cloverleaf property to be developed as business, and the current proposal includes almost no business, but single-family dwellings and apartments. He again expressed concerns that the current proposal is nothing like what was originally presented to the Board when he made his original decision and indicated that he will not support the actions being requested by staff, but will abstain from voting rather than voting against business.

Mr. Sowder stated, although he is an advocate of the Cloverleaf Mall revitalization, in his opinion, the current Board should not vote on the rezoning of this property. He further stated the citizens wanted different decision makers to decide on issues of major consequence, indicating that he sees the revitalization of this property as one of the major issues impacting Chesterfield County.

Mr. Sowder then made a motion, seconded by Mrs. Humphrey, for the Board to defer consideration of agreements and financial designations to purchase the ground lease at Cloverleaf Mall.

Mr. King expressed concerns that the Board is now dealing with the ground lease after the fact, indicating that this issue should have been taken care of as part of the original package. He stated this would not have been acceptable in private business and expressed concerns relative to the waste of taxpayers’ money as a result of what was, in his opinion, bad advice from staff.

Mr. Micas stated, if the Board defers this issue, this agreement will expire by its terms, but the Board may wish to direct staff to continue negotiating with the developer for the purchase of Cloverleaf Mall. He further stated, if the Board defers this issue, it would be appropriate to defer it until January 9, 2008.

Mr. Sowder clarified that his motion included directing staff to continue negotiations with the developer.

Mr. Warren stated the new Board would need to be briefed on this issue before being able to make a decision. He further stated staff should communicate with the developer concerning the Board’s decision not to approve the agreement at this time.

Mr. Miller stated the new Board could defer this item to a later date if further study was needed.

Mr. Miller then called for a vote on the motion of Mr. Sowder, seconded by Mrs. Humphrey, for the Board to defer consideration of agreements and financial designations to purchase the ground lease at Cloverleaf Mall and to direct staff to continue negotiations with the developer for the purchase of Cloverleaf Mall.

On motion of Mrs. Humphrey, seconded by Mr. King, the Board suspended its rules at this time to allow for simultaneous nomination/appointment of a member to serve on the Towing Advisory Committee.

On motion of Mrs. Humphrey, seconded by Mr. Sowder, the Board simultaneously nominated/appointed Lieutenant Clinton C. Schott to serve on the Towing Advisory Board.

On motion of Mr. King, seconded by Mr. Warren, the Board approved the following streetlight installations in the Bermuda District:

On motion of Mrs. Humphrey, seconded by Mr. King, the Board removed the following item from the consent agenda for public comment: Item 8.D.14., Award of Contract for Management Consulting Services to Conduct a Management Study for Chesterfield County.

8.D.1. TRANSFER OF ADDITIONAL FUNDS, AUTHORIZATION TO ACQUIRE RIGHT-OF-WAY, AND AWARD A CONSTRUCTION CONTRACT FOR THE CHESTERWOOD DRIVE SIDEWALK PROJECT

On motion of Mr. Sowder, seconded by Mr. King, the Board transferred $280,000 in unallocated prior year Community Development Block Grant funds to the Chesterwood Drive Sidewalk Project; approved the general location and design of the project; authorized staff to acquire right-of-way for the project, including advertising of an eminent domain public hearing, if necessary; authorized the County Administrator to enter into any documents necessary to complete a conveyance to the county; and authorized the award of a construction contract, up to $370,000, to the lowest responsible bidder.

8.D.2.a. RECOGNIZING FIREFIGHTER MCKINLEY MEADE, JR., FIRE AND EMERGENCY MEDICAL SERVICES DEPARTMENT, UPON HIS RETIREMENT

On motion of Mr. Sowder, seconded by Mr. King, the Board adopted the following resolution:
WHEREAS, Firefighter McKinley Meade, Jr. retired from the Fire and Emergency Medical Services Department, Chesterfield County, on October 1, 2007; and
WHEREAS, Firefighter Meade answered his country’s call to duty in the service of the United States Air Force from 1972 through 1976, where he completed a tour of duty in combat in South East Asia; and
WHEREAS, Firefighter Meade attended Recruit School #15 in 1984 and has faithfully served the county for 23 years in various assignments as a firefighter at the Bon Air, Wagstaff, Enon, Clover Hill, Manchester, and Buford Fire and EMS Stations; and
WHEREAS, Firefighter Meade was recognized for his care and compassion in non-emergency duties through many letters of appreciation; and
WHEREAS, Firefighter Meade was recognized as an effective team member at many emergency scenes, such as the traumatic injury scene on Chestnut Bluff Terrace in January 1997, and has served the county with honor, courage, and due diligence in the fulfillment of his duties; and

WHEREAS, Firefighter Meade was recognized with Unit Citations for his role in March 1993 on the scene of a drowning at the Chester YMCA; in September 1993 on the accident scene on Ironbridge Road; in May 1995 on the fire ground at Old Buckingham Station; in October 2004 on the accident scene on Jefferson Davis Highway; and in February 2007 on the scene of a choking on South Providence Road; and
WHEREAS, Firefighter Meade was recognized with a Unit Citation for his essential role in the successful rescue of a family from their burning home on Elmart Lane in April 2005.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes the contributions of Firefighter McKinley Meade, Jr., expresses the appreciation of all residents for his service to the county, and extends appreciation for his dedicated service and congratulations upon his retirement.

8.D.2.b. RECOGNIZING FIREFIGHTER ROGER A. WARDEN, FIRE AND EMERGENCY MEDICAL SERVICES DEPARTMENT, UPON HIS RETIREMENT

On motion of Mr. Sowder, seconded by Mr. King, the Board adopted the following resolution:

WHEREAS, Firefighter Roger A. Warden retired from the Chesterfield County Fire and Emergency Medical Services Department on November 1, 2007; and

WHEREAS, Firefighter Warden attended Recruit School #12 in 1982 and has faithfully served the county for 25 years in various assignments as both an engine and truck company firefighter at the Wagstaff, Manchester, Clover Hill, Midlothian, Dutch Gap, Matoaca, Bon Air and Buford Fire and EMS Stations; and

WHEREAS, Firefighter Warden was active as a Dive Team member, Tactical Medic Team member; Fire Service Instructor, and the first Firefighter Specialist for Chesterfield Fire and EMS, and

WHEREAS, Firefighter Warden has helped train many firefighters and paramedics during his career, which will forever benefit Chesterfield Fire and EMS; and

WHEREAS, Firefighter Warden was Career Firefighter of the Year for 1998, and recognized by the volunteer firefighters at Company 4 as The Bradley McNeer Firefighter of the Year in 2002; and

WHEREAS, Firefighter Warden was awarded the department’s Medal of Valor in 2004 and Firehouse Magazine’s Valor Award for his actions in a water rescue during Tropical Storm Gaston; and

WHEREAS, Firefighter Warden created and taught for the past 12 years an awareness program for new teen drivers called It’s Your Decision, which received a NACo award in 1998; and the program has been delivered to over 25,000 students, including high school students, military personnel, numerous civic groups and Parent-Teacher Associations; and

WHEREAS, Firefighter Warden was recognized as an effective team member at many emergency scenes, including key tactical positions at numerous fires that resulted in the saving of lives and reduction of property loss.

NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes the contributions of Firefighter Roger Warden, expresses the appreciation of all residents for his service to the county, and extends appreciation for his dedicated service and congratulations upon his retirement.

8.D.2.c. RECOGNIZING FIREFIGHTER ROBERT “DOUG” CORRADA, FIRE AND EMERGENCY MEDICAL SERVICES DEPARTMENT, UPON HIS RETIREMENT

On motion of Mr. Sowder, seconded by Mr. King, the Board adopted the following resolution:

WHEREAS, Firefighter Robert “Doug” Corrada retired from the Fire and Emergency Medical Services Department, Chesterfield County, on July 1, 2007; and

WHEREAS, Firefighter Corrada faithfully served the department for nearly 30 years, as a firefighter at the Bon Air, Buford, Bensley, Wagstaff and Ettrick Fire and EMS Stations; and

WHEREAS, Firefighter Corrada was recognized with a Unit Citation as a result of his outstanding actions on December 13, 1996, when his unit responded to an apartment fire while under extreme fire conditions, ground ladders were placed at the windows, and two children were rescued from the burning building; and

WHEREAS, Firefighter Corrada was involved in a successful extrication of a victim involved in a severe motor vehicle accident on May 14, 1999; and

WHEREAS, Firefighter Corrada displayed his dedication to the department by being the only volunteer to be assigned as a Chief’s aide.

NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes the contributions of Firefighter Robert “Doug” Corrada, expresses the appreciation of all residents for his service to the county, and extends appreciation for his dedicated service and congratulations upon his retirement.

8.D.2.d. RECOGNIZING MS. DEANNA IDA STORM AND MS. MICHELLE ELEANOR HARPER, UPON ATTAINING THE GOLD AWARD

On motion of Mr. Sowder, seconded by Mr. King, the Board adopted the following resolution:

WHEREAS, the Girl Scouts of the United States of America is an organization serving over 2.7 million girls and was founded to promote citizenship training and personal development; and

WHEREAS, after earning three interest project patches, earning the Girl Scout Gold Leadership Award, the Girl Scout Gold Career Award, and the Girl Scout Gold 4Bs Challenge Award, and designing and implementing a Girl Scout Gold Award project; and

WHEREAS, the Gold Award is the highest achievement award in Girl Scouting and symbolizes outstanding accomplishments in the areas of leadership, community service, career planning, and personal development; and

WHEREAS, the Girl Scout Award can only be earned by girls aged 14‑18 or in grades 9‑12 and is received by less than six percent of those individuals entering the Girl Scouting movement; and

WHEREAS, Ms. Deanna Ida Storm and Ms. Michelle Eleanor Harper, both of Troop 569, sponsored by Grace Lutheran Church, have accomplished these high standards and have been honored with the Girl Scouts of America Gold Award by the Girl Scout Commonwealth Council of Virginia, Incorporated; and

WHEREAS, growing through their experiences in Girl Scouting, learning the lessons of responsible citizenship, and priding themselves on the great accomplishments of their country, Deanna and Michelle are indeed members of a new generation of prepared young citizens of whom we can all be very proud.

NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes Ms. Deanna Ida Storm and Ms. Michelle Eleanor Harper, extends congratulations on their attainment of the Gold Award and acknowledges the good fortune of the county to have such outstanding young women as its citizens.

8.D.2.e. RECOGNIZING MOUNT GILEAD FULL GOSPEL INTERNATIONAL MINISTRIES ON THE GROUNDBREAKING OF A NEW YOUTH MINISTRIES BUILDING

On motion of Mr. Sowder, seconded by Mr. King, the Board adopted the following resolution:

WHEREAS, Mount Gilead Full Gospel International Ministries has been under the leadership of Bishop Daniel Robertson, Jr. for 11 years; and

WHEREAS, during that time, under the leadership of Bishop Robertson and his wife, co-pastor Elena Robertson, the church has grown from 25 members to more than 4,800 members; and

WHEREAS, as the congregation grew, the small church would not hold all the worshippers; and

WHEREAS, other locations used by the church over the years have included Manchester High School, Bailey Bridge Middle School and Manchester Middle School; and

WHEREAS, since August of 2004, Mount Gilead Full Gospel International Ministries has been located at 2501 Mount Gilead Boulevard; and

WHEREAS, to serve its growing church community, Mount Gilead Full Gospel International Ministries is constructing a youth ministries building; and

WHEREAS, this facility will serve both the church and the community-at-large; and

WHEREAS, the groundbreaking for the new building will be held on Saturday, November 24, 2007 at 11 a.m.; and

WHEREAS, this expansion will help to make Mount Gilead Full Gospel International Ministries even more effective in offering its many services and spiritual leadership to the residents of Chesterfield County.

NOW, THEREFORE, BE IT RESOLVED that the Chesterfield Board of Supervisors, on behalf of the citizens of Chesterfield County, extends its congratulations to the Mount Gilead Full Gospel International Ministries on the occasion of its expansion, further congratulates Bishop Daniel Robertson, Jr. and co-pastor Elena Robertson on the noteworthy results they have had in building their congregation, and extends sincere best wishes to Mount Gilead Full Gospel International Ministries for continued success.

8.D.2.f. RECOGNIZING MR. WESLEY B. BUTTERFIELD, INFORMATION SYSTEMS TECHNOLOGY DEPARTMENT, UPON HIS RETIREMENT

On motion of Mr. Sowder, seconded by Mr. King, the Board adopted the following resolution:

WHEREAS, Mr. Wesley (Bert) Butterfield will retire from the Chesterfield County Information Systems Technology Department on January 1, 2008 after providing 15 years of quality service to the citizens of Chesterfield County; and

WHEREAS, Mr. Butterfield has faithfully served the county in the capacity of production services shift supervisor and senior systems programmer for the Information Systems Technology Department; and

WHEREAS, Mr. Butterfield has provided exceptional customer service in resolving system software problems and actively participated in researching, planning and the implementation of special projects; and

WHEREAS, Mr. Butterfield served as an active member of the IST Quality Council and provided exceptional leadership on the Standards Review Board, Quality Assurance Committee, Chesterfield County Y2K Committee; and

WHEREAS, Mr. Butterfield has developed secure mainframe system applications, coordinated system development with internal and external developers, updated Chesterfield County School’s Automated Scheduling System, and assisted with the preparation of systems documentation and user manuals; and

WHEREAS, Mr. Butterfield has demonstrated outstanding teamwork and a high standard of professionalism throughout his tenure at IST, and his ability to work in a team environment, promoting an atmosphere of support and assistance, has been essential to the organization’s success; and

WHEREAS, Mr. Butterfield’s actions are a reflection of the unselfishness that his co-workers have come to recognize in him, and his cheerful character, diligence and enthusiasm, and selfless dedication to Chesterfield County are a model for all county employees; and

WHEREAS, Chesterfield County and the Board of Supervisors will miss Mr. Butterfield’s dedicated service and adherence to high moral principles.

NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes Mr. Wesley (Bert) Butterfield, and extends on behalf of its members and the citizens of Chesterfield County, appreciation for his service to the county, congratulations upon his retirement, and best wishes for a long and happy retirement.

8.D.2.g. REQUESTING THAT THE GENERAL ASSEMBLY OF VIRGINIA TAKE ACTION TO PREVENT EXPLOITIVE LENDING PRACTICES

On motion of Mr. Sowder, seconded by Mr. King, the Board adopted the following resolution:

WHEREAS, the Board of Supervisors of the County of Chesterfield, Virginia represents the citizens of the County of Chesterfield; and

WHEREAS, the Board of Supervisors of the County of Chesterfield senses from the citizens of the County of Chesterfield significant concern over what are perceived to be some exploitative payday lending practices in the County of Chesterfield and elsewhere in the Commonwealth, including practices which may exploit dedicated, brave women and men who are called for deployment as part of the armed forces of our Nation both in the United States and various parts of the world in the cause of freedom and security of our Nation; and

WHEREAS, the Board of Supervisors of the County of Chesterfield, Virginia shares these same significant concerns and wishes to express the collective sentiments of the People of the County of Chesterfield, Virginia, that the General Assembly and Governor of Virginia ought to take action to prevent further exploitative payday lending practices; and

WHEREAS, it is vital that the General Assembly and the Governor of Virginia give their earnest attention to these matters at the next regular session of the General Assembly and enact laws that will prevent further exploitative payday lending practices.

NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of the County of Chesterfield, Virginia, that the General Assembly and the Governor of the Commonwealth of Virginia are requested to take action in connection with the next regular session of the General Assembly of Virginia to enact laws that will prevent further exploitative payday lending practices, including but not limited to:

1. Enactment of an annual interest rate cap for any consumer loans made in the Commonwealth of Virginia;

2. Prohibition of the use of a personal check or other method by a creditor to gain access to a consumer's bank account or method to gain title to a consumer's motor vehicle as collateral for a payday loan; and

3. Enactment of supplementary and complementary provisions which mirror the provisions of what is commonly referred to as the Talent-Nelson Amendment (Senate Amendment 4331), entitled "Terms Of Consumer Credit Extended to Servicemember Or Servicemember's Dependent" and referenced on page S6352 of the June 22, 2006 Congressional Record – Senate, a copy of which is annexed to and incorporated by reference in this resolution.

8.D.3. TRANSFER OF DISTRICT IMPROVEMENT FUNDS

8.D.3.a. FROM THE BERMUDA DISTRICT IMPROVEMENT FUND

8.D.3.a.1. TO THE BENSLEY/BERMUDA VOLUNTEER RESCUE SQUAD TO PURCHASE HYDRAULIC RESCUE TOOLS USED TO EXTRICATE PEOPLE TRAPPED IN VEHICLES

On motion of Mr. Sowder, seconded by Mr. King, the Board transferred $15,970 from the Bermuda District Improvement Fund to the Bensley/Bermuda Volunteer Rescue Squad to purchase hydraulic rescue tools used to extricate people trapped in vehicles.

8.D.3.a.2. TO THE CHESTERFIELD COUNTY SCHOOL BOARD TO PURCHASE EQUIPMENT AND SUPPLIES TO SUPPORT PROGRAMS AT COMMUNITY HIGH SCHOOL

On motion of Mr. Sowder, seconded by Mr. King, the Board transferred $15,000 from the Bermuda District Improvement Fund to the Chesterfield County School Board to purchase equipment and supplies to support programs at Community High School.

8.D.3.a.3. TO ENON VOLUNTEER FIRE DEPARTMENT TO PURCHASE AN INFLATABLE BOAT FOR LOW-LEVEL WATER RESCUE OPERATIONS, AUTOMATIC INFLATABLE PFD VESTS, PERSONNEL SAFETY EQUIPMENT FOR WATER RESCUES, WINTER WORK JACKETS FOR VOLUNTEER FIREFIGHTERS
AND A STORAGE BUILDING FOR RESCUE EQUIPMENT

On motion of Mr. Sowder, seconded by Mr. King, the Board transferred $12,318 from the Bermuda District Improvement Fund to the Enon Volunteer Fire Department to purchase an inflatable boat for low level water rescue operations, automatic inflatable PFD vests, personnel safety equipment for water rescues, winter work jackets for volunteer firefighters and a storage building to house rescue equipment.

8.D.3.a.4. TO THE CHESTERFIELD COUNTY SCHOOL BOARD TO PURCHASE A NEW PUBLIC ADDRESS SYSTEM FOR THE FOOTBALL STADIUM AT LLOYD C. BIRD HIGH SCHOOL AND TO PURCHASE A NEW INDUSTRIAL-GRADE WASHING MACHINE FOR THE FIELD HOUSE AT THE STADIUM

On motion of Mr. Sowder, seconded by Mr. King, the Board transferred $10,000 from the Bermuda District Improvement Fund to the Chesterfield County School Board to purchase a new public address system for the football stadium at Lloyd C. Bird High School and to purchase a new industrial-grade washing machine for the field house at the stadium.

8.D.3.b. FROM THE MATOACA DISTRICT IMPROVEMENT FUND TO THE SCHOOL BOARD TO PURCHASE BOOKS FOR THE GRANGE HALL ELEMENTARY SCHOOL LIBRARY

On motion of Mr. Sowder, seconded by Mr. King, the Board transferred $25,000 from the Matoaca District Improvement Fund to the School Board to purchase books for the Grange Hall Elementary School library.

8.D.4. AMEND PREVIOUSLY-APPROVED TRANSFER OF $2,500 FROM THE MIDLOTHIAN DISTRICT IMPROVEMENT FUND TO THE SCHOOL BOARD TO PURCHASE A NEW GRAND PIANO FOR THE CHORAL
DEPARTMENT AT MIDLOTHIAN HIGH SCHOOL

On motion of Mr. Sowder, seconded by Mr. King, the Board amended a previously-approved transfer of $2,500 from the Midlothian District Improvement Fund to the School Board so that the funds can be used to purchase a new grand piano for the Choral Department at Midlothian High School.

On motion of Mr. Sowder, seconded by Mr. King, the Board adopted the following resolution:

WHEREAS, the streets described below are shown on plats recorded in the Clerk’s Office of the Circuit Court of Chesterfield County; and

WHEREAS, the Resident Engineer for 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.

WHEREAS, the streets described below are shown on plats recorded in the Clerk’s Office of the Circuit Court of Chesterfield County; and

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.

WHEREAS, the streets described below are shown on plats recorded in the Clerk’s Office of the Circuit Court of Chesterfield County; and

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.

8.D.6. APPROVAL OF A REQUEST FROM TIMOTHY J. AND PATRICIA T. HAULER FOR AN EXCEPTION TO THE USE OF PUBLIC WATER FOR A PROPOSED RESIDENTIAL STRUCTURE LOCATED ON
WOODPECKER ROAD

On motion of Mr. Sowder, seconded by Mr. King, the Board approved a request from Timothy J. and Patricia T. Hauler for an exception to the use of public water for a proposed residential structure located at 6200 Woodpecker Road. (It is noted a copy of the plat is filed with the papers of this Board.)

8.D.7.a. TWO THIRTY-FOOT AND VARIABLE WIDTH STORM WATER MANAGEMENT SYSTEM/BEST MANAGEMENT PRACTICE ACCESS EASEMENTS AND A VARIABLE WIDTH STORM WATER
MANAGEMENT SYSTEM/BEST MANAGEMENT PRACTICE EASEMENT ACROSS THE PROPERTY OF BB HUNT, L.L.C.

On motion of Mr. Sowder, seconded by Mr. King, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute a quitclaim deed to vacate two 30-foot and variable width storm water management system/best management practice access easements and a variable width storm water management system/best management practice easement across the property of BB Hunt, L.L.C. (It is noted copies of the plats are filed with the papers of this Board.)

8.D.7.b. A PORTION OF A VARIABLE WIDTH VIRGINIA DEPARTMENT OF TRANSPORTATION SIGHT DISTANCE EASEMENT ACROSS THE PROPERTY OF TASCON- HARVEST GLEN, L.L.C.

On motion of Mr. Sowder, seconded by Mr. King, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute a quitclaim deed to vacate a portion of a variable width Virginia Department of Transportation sight distance easement across the property of Tascon-Harvest Glen, L.L.C. (It is noted a copy of the plat is filed with the papers of this Board.)

On motion of Mr. Sowder, seconded by Mr. King, the Board accepted the conveyance of a parcel of land, containing 0.012 acres, from Bigg Ideas, LLC, and authorized the County Administrator to execute the deed. (It is noted a copy of the plat is filed with the papers of this Board.)

8.D.8.b. FOR THE EXTENSION OF HOLLY VIEW PARKWAY FROM CROWNE AT SWIFT CREEK ASSOCIATES

On motion of Mr. Sowder, seconded by Mr. King, the Board accepted the conveyance of a parcel of land, containing 1.57 acres, for the extension of Holly View Parkway from Crowne at Swift Creek Associates, and authorized the County Administrator to execute the deed. (It is noted a copy of the plat is filed with the papers of this Board.)

8.D.8.c. FOR WATKINS CENTRE PARKWAY FROM GRAY LAND AND DEVELOPMENT COMPANY, LLC

On motion of Mr. Sowder, seconded by Mr. King, the Board accepted the conveyance of four parcels of land, containing a total of 2.557 acres, along Watkins Centre Parkway from Gray Land and Development Company, LLC, and authorized the County Administrator to execute the deed. (It is noted copies of the plats are filed with the papers of this Board.)

8.D.8.d. ALONG THE NORTH RIGHT OF WAY LINE OF MIDLOTHIAN TURNPIKE FROM MIDLOTHIAN PARTNERSHIP, LLP

On motion of Mr. Sowder, seconded by Mr. King, the Board accepted the conveyance of a parcel of land, containing 0.909 acres, from Midlothian Partnership, LLP, and authorized the County Administrator to execute the deed. (It is noted a copy of the plat is filed with the papers of this Board.)

On motion of Mr. Sowder, seconded by Mr. King, the Board accepted the conveyance of two parcels of land, containing a total of 0.246 acres, along Jefferson Davis Highway from Regal Cinemas, Incorporated, and authorized the County Administrator to execute the deed. (It is noted a copy of the plat is filed with the papers of this Board.)

On motion of Mr. Sowder, seconded by Mr. King, the Board accepted the conveyance of a parcel of land, containing 0.362 acres, along Woolridge Road from Whispering Hope Community Church, and authorized the County Administrator to execute the deed. (It is noted a copy of the plat is filed with the papers of this Board.)

8.D.9. APPROVAL OF A WETLANDS MITIGATION AGREEMENT WITH COVERLY WETLANDS MITIGATION BANK

On motion of Mr. Sowder, seconded by Mr. King, the Board authorized the County Administrator to execute a Wetlands Mitigation Agreement with Coverly Wetlands Mitigation Bank for 0.02 acres of additional wetlands impacts for the construction of hangars, taxiway and parking apron at the County Airport.

8.D.10.a. FROM CHRISTOPHER S. KARWACKI AND LEIA A. KARWACKI FOR A PROPOSED FENCE TO ENCROACH WITHIN AN EIGHT- FOOT EASEMENT ACROSS LOT 32, TANNER VILLAGE, SECTION C AT CHARTER COLONY

On motion of Mr. Sowder, seconded by Mr. King, the Board approved a request from Christopher S. Karwacki and Leia A. Karwacki for permission for a proposed fence to encroach 3 feet into an 8-foot easement across Lot 32, Tanner Village, Section C 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.)

8.D.10.b. FROM ISAAC W. WRIGHT AND ANDREA WRIGHT FOR A PROPOSED FENCE TO ENCROACH WITHIN AN EIGHT-FOOT EASEMENT ACROSS LOT 31, TANNER VILLAGE, SECTION C AT CHARTER COLONY

On motion of Mr. Sowder, seconded by Mr. King, the Board approved a request from Isaac W. Wright and Andrea Wright for permission for a proposed fence to encroach 3 feet into an 8-foot easement across Lot 31, Tanner Village, Section C 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.)

8.D.10.c. FROM TRAVIS WRIGHT AND SHERRY WRIGHT TO CONSTRUCT A GRAVEL DRIVEWAY WITHIN A FIFTY-FOOT UNIMPROVED COUNTY RIGHT OF WAY

On motion of Mr. Sowder, seconded by Mr. King, the Board approved a request from Travis Wright and Sherry Wright for permission to construct a gravel driveway within a 50-foot unimproved county right of way, subject to the execution of a license agreement. (It is noted a copy of the plat is filed with the papers of this Board.)

8.D.11. AUTHORIZATION FOR ALLTEL TO APPLY FOR CONDITIONAL USE OR SUBSTANTIAL ACCORD FOR COMMUNICATIONS ANTENNAE TO BE INSTALLED ON COUNTY PROPERTY AT MID-LOTHIAN MINES PARK

On motion of Mr. Sowder, seconded by Mr. King, the Board authorized Alltel to apply for conditional use or substantial accord for communications antennae to be installed on county property at Mid-Lothian Mines Park. (It is noted a copy of the plat is filed with the papers of this Board.)

8.D.12.a. TO CONSIDER A PROPOSED AMENDMENT TO THE ORDINANCE CREATING THE LOWER MAGNOLIA GREEN COMMUNITY DEVELOPMENT AUTHORITY

On motion of Mr. Sowder, seconded by Mr. King, the Board set the date of December 19, 2007 at 6:30 p.m. for a public hearing for the Board to consider adoption of a proposed amendment to the ordinance creating the Lower Magnolia Green Community Development Authority.

On motion of Mr. Sowder, seconded by Mr. King, the Board set the date of December 19, 2007 at 6:30 p.m. for the Board to consider the tax exemption request of The Eppington Foundation.

On motion of Mr. Sowder, seconded by Mr. King, the Board set the date of December 19, 2007 at 6:30 p.m. for the Board to consider the tax exemption request of Chesterfield Alternatives, Incorporated.

On motion of Mr. Sowder, seconded by Mr. King, the Board set the date of December 19, 2007 at 6:30 p.m. for the Board to consider the tax exemption request of Patient Services, Incorporated.

On motion of Mr. Sowder, seconded by Mr. King, the Board set the date of December 19, 2007 at 6:30 p.m. for the Board to consider the tax exemption request of Community Based Services, Incorporated.

On motion of Mr. Sowder, seconded by Mr. King, the Board set the date of December 19, 2007 at 6:30 p.m. for the Board to consider the tax exemption request of Johns Foundation.

On motion of Mr. Sowder, seconded by Mr. King, the Board set the date of December 19, 2007 at 6:30 p.m. for the Board to consider the tax exemption request of Richmond Goodwill Industries, Incorporated.

8.D.13. APPROVAL OF ASSIGNMENT OF PURCHASE CONTRACT FROM DEMPSEY L. BRADLEY, SR. TO BMECH, LLC

On motion of Mr. Sowder, seconded by Mr. King, the Board approved the assignment of a purchase contract, for the sale of approximately 2 acres located on Virginia Pine Court in the Airport Industrial Park, from Dempsey L. Bradley, Sr. to BMECH, LLC.

8.D.15. APPROVAL OF DESIGN, AUTHORIZATION TO PROCEED WITH RIGHT-OF-WAY ACQUISITION AND CONSTRUCTION, AND AUTHORIZATION TO AWARD CONSTRUCTION CONTRACTS FOR
THE CHALKLEY ROAD SHOULDER (ROUTE 10 TO BECKINHAM DRIVE) AND CURVE REALIGNMENT (AUTUMN OAKS) PROJECT

On motion of Mr. Sowder, seconded by Mr. King, the Board approved the design for the Chalkley Road shoulder (Route 10 to Beckinham Drive) and curve realignment (Autumn Oaks) project; authorized staff to proceed with right-of-way acquisition for the project, including advertising of an eminent domain public hearing, if necessary, and construction of the project; and awarded a construction contract, up to a combined $530,000 total, to the lowest responsible bidder(s).

Ayes: Humphrey, King, Sowder and Warren.
Nays: None.
Absent: Miller.
Mr. Miller returned to the meeting.

8.D.14. AWARD OF CONTRACT FOR MANAGEMENT CONSULTING SERVICES TO CONDUCT A MANAGEMENT STUDY FOR CHESTERFIELD COUNTY

Mr. Ron Hall requested that the Board defer the award of this contract and let the new Board determine the scope of the management study.

In response to Mr. Warren’s question, Mr. Stegmaier stated there is no problem in deferring this issue to the new Board. He further stated the current Board requested the specific terms of the proposed audit, and the new Board would have the benefit of that information. He further stated, within the limits of the request for proposal, staff may be able to renegotiate with the contractor to include a varying scope from what has been defined at this time.

Mr. Sowder stated it should be emphasized that the current Board was the one that initiated the audit procedure in the beginning.

In response to Mr. Sowder’s questions, Mr. Lassiter stated the request for proposal was provided to over 100 firms, advertised on the county’s web site and in the Richmond Times-Dispatch. He further stated 11 proposals were received, and final negotiations and interviews were done with six firms before selecting Management Consulting Services. He stated the Board directed staff to proceed with an RFP to evaluate county management practices and procedures, contracting procedures and processes, and to identify opportunities for cost savings.

On motion of Mr. Warren, seconded by Mr. King, the Board deferred Item 8.D.14., Award of Contract for Management Consulting Services to Conduct a Management Study for Chesterfield County until January 9, 2008.

9.B. REPORT ON STATUS OF GENERAL FUND BALANCE, RESERVE FOR FUTURE CAPITAL PROJECTS, DISTRICT IMPROVEMENT FUNDS AND LEASE PURCHASES

On motion of Mrs. Humphrey, seconded by Mr. King, the Board accepted the following reports: a Report on Developer Water and Sewer Contracts; and a Report on the Status of General Fund Balance, Reserve for Future Capital Projects, District Improvement Funds and Lease Purchases.

Mr. Quenton Lee expressed appreciation to the Board and the Police Department for assistance provided for the Midlothian Village Day Parade.

Ms. Karen Bagley expressed appreciation for the Chesterfield County Block Grant funding for renovations of her mother’s residence and others in the Winterpock community.

Mrs. Brenda Stewart expressed concerns relative to the cost to the county of property for school sites. She stated the management study contract is designed to exclude review of questionable land deals.

On motion of Mrs. Humphrey, seconded by Mr. Sowder, the Board recessed to the Administration Building, Room 502, for dinner.

Reverend Roy Brown, Associate Minister, New Direction Ministries, gave the invocation.

13. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA

Eagle Scout Brian Pool led the Pledge of Allegiance to the flag of the United States of America.

Mr. Kappel introduced Mr. Brian Pool, Mr. Michael Harpe and Mr. Matthew Murdock, who were present to receive resolutions.

WHEREAS, the Boy Scouts of America was incorporated by Mr. William D. Boyce on February 8, 1910, and was chartered by Congress in 1916; and

WHEREAS, the Boy Scouts of America was founded to build character, provide citizenship training and promote physical fitness; and

WHEREAS, after earning at least twenty-one merit badges in a wide variety of skills including leadership, service and outdoor life, serving in a leadership position in a troop, carrying out a service project beneficial to their community, being active in the troop, demonstrating Scout spirit, and living up to the Scout Oath and Law

Mr. Brian Thomas Pool, Troop 811, sponsored by the Episcopal Church of the Redeemer, and Mr. Michael Houston Harpe and Mr. Matthew Keith Murdock, both of Troop 800, sponsored by Bethel Baptist Church, have accomplished those high standards of commitment and have reached the long-sought goal of Eagle Scout which is received by only four percent of those individuals entering the Scouting movement; and

WHEREAS, growing through their experiences in Scouting, learning the lessons of responsible citizenship, and endeavoring to prepare themselves for roles as leaders in society, Brian, Michael and Matthew have distinguished themselves as members of a new generation of prepared young citizens of whom we can all be very proud.

NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 14th day of November 2007, hereby extends its congratulations to Mr. Brian Thomas Pool, Mr. Michael Houston Harpe and Mr. Matthew Keith Murdock, and acknowledges the good fortune of the county to have such outstanding young men as its citizens.

Mr. Sowder presented executed resolutions and patches to each of the Eagle Scouts, congratulated them on their outstanding achievements, and wished them well in future endeavors.

Mr. Pool, Mr. Harpe and Mr. Murdock each provided details of their Eagle Scout projects and expressed appreciation to their parents and others for their support.

15.A. TO CONSIDER PROPOSED AMENDMENTS TO COUNTY CODE SECTIONS 19-65 AND 19-124 RELATING TO THE OPERATIONS OF MOTORCYCLES, ATVS AND GO-CARTS ON AGRICULTURAL AND
RESIDENTIAL PROPERTY

Senior Zoning Inspector Ted Barclay stated the Planning Commission recommended approval of the proposed ordinance with a modification to add the word “improved” in front of the word “path.” He further stated this ordinance will regulate creation of tracks and paths, but will not regulate the operation of motorcycles, go-carts, and ATVS on residential property, provided there are no physical improvements, such as lights, tracks, or pavement. He stated the ordinance would prohibit the creation of a track within 1,000 feet of residential property on agricultural zoned property. He provided a photo and video-clip of a motorcycle track on agricultural property located behind a neighborhood off of Harrowgate Road.

Mr. King stated this ordinance does not prohibit anyone from riding a motorcycle or go-cart on residential property, but is strictly about improved tracks.

In response to Mr. Miller’s question, Mr. Barclay stated if staff determines that individuals have created a path or track from continuous riding, this would be a violation of the proposed ordinance.

In response to Mr. Sowder’s question, Mr. Barclay stated the track shown in the photo and video-clip would be allowed to stay because it was created prior to approval of the proposed ordinance.

In response to Mr. Miller’s question, Mr. Barclay stated he has benchmarked with other localities, and no other locality was aware of how to address the noise problems from this type of vehicle. He further noted that the county already has a noise ordinance, which is enforced by the Police Department.

In response to Mr. Miller’s question, Mr. Micas stated there was not enough evidence to determine the impact of dust from this type of activity on medical conditions, indicating that this would be difficult to determine because of the intermittent use.

Mr. King stated residents should not be allowed to build a track 25 feet from their neighbor’s bedroom.

Ms. Renee Eldred, a resident of the Bensley community, stated her children could create a track within half a day in their back yard, indicating that the proposed ordinance is not going to work. She further stated taking away the rights of the existing residents who ride go-carts in their backyards is wrong.

In response to Mr. Miller’s question, Ms. Eldred stated it comes down to being good neighbors, and this is where all the problems begin.

Mr. King stated there has to be some mechanism to protect the rights of those people who have made investments in their property. He further the ordinance will prohibit someone from creating a racetrack within 25 feet of residential property.

Ms. Samantha Mentor expressed concerns that the current proposal will not work, indicating it is not fair to the children who enjoy this activity in lieu of doing drugs or getting into trouble. She stated a solution, which is balanced for all residents, should be considered.

Mr. King made a motion, seconded by Mr. Miller, for the Board to adopt ordinance amendments to County Code sections 19-65 and 19-124 relating to the operations of motorcycles, ATVs and go-carts on agricultural or residential property.

There was brief discussion concerning the 1,000-foot proposed distance between a track and residential property.

Mrs. Humphrey expressed concerns that more residential communities are being built, and this is presenting some challenges.

Mr. King stated the proposed ordinance is directed at tracks being built next to homes.

In response to Mrs. Humphrey’s question, Mr. Barclay stated the 1,000 feet proposal was staff’s attempt to establish a distance that was enough to mitigate the noise, the dust, and the impact. He further stated the county’s current noise ordinance is enforced by the Police Department.

Mr. Miller called for a vote on the motion of Mr. King, seconded by Mr. Miller, for the Board to adopt the following ordinance:

AN ORDINANCE TO AMEND THE CODE OF THE COUNTY
OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING
AND RE-ENACTING SECTIONS 19-65 AND 19-124 RELATING
TO USES PERMITTED WITH CERTAIN RESTRICTIONS IN
RESIDENTIAL AND AGRICULTURAL DISTRICTS

(1) That Sections 19-65 and 19-124 of the Code of the County of Chesterfield, 1997, as amended, are amended and re-enacted to read as follows:

The following uses shall be permitted in the R-88 District subject to compliance with the following conditions and other applicable standards of this chapter. If these restrictions cannot be met, these uses may be allowed by conditional use, subject to section 19-13:

(1) In addition to its permanent use as a dwelling, such home may be used as a temporary real estate office.

(2) The temporary real estate office is only used to market the development in which the dwelling is located and is not used for the sale of lots or houses outside of the platted subdivision in which it is located.

(3) The temporary real estate office is incidental to construction activity taking place in the development.

(4) The dwelling is not the primary real estate office for the company marketing the subdivision.

(5) The dwelling is not used as a construction office or for the storage of construction equipment and/or materials.

(b) Family day-care homes, provided that no more than five children exclusive of the provider's own children and any children who reside in the home receive care at any one time during a 24-hour day.

(3) Is conducted by the owner or lessee of the property on which it occurs and includes only personal property owned by the seller and usual to a household.

(4) Does not occur on the same property more than four times in any one calendar year and not more than twice within a 30-day period.

(2) Antennae are a flush-mount design and do not exceed a height of 20 feet above the height of the electric transmission structure and such height does not exceed the limitations of sections 19-507 and 19-507.2.

(3) Antennae shall be gray or another neutral color acceptable to the planning department.

(4) Any building or mechanical equipment shall comply with Emerging Growth Area Development Standards relative to architectural treatment and screening of mechanical equipment.

(5) At such time as the antennae ceases to be used for communications purposes for a period exceeding 12 consecutive months, such antennae shall be dismantled and it and all associated equipment removed from the property.

(1) No employees shall be permitted to work on the premises other than family member employees that live on the premises,

(2) The use is within a dwelling, accessory structure or both provided that the total area for the use does not exceed 25 percent of the floor of the dwelling or 250 square feet, whichever is greater,

(3) The use is clearly incidental and secondary to the use of the property for dwelling purposes and no external alterations, which would cause the premises to differ from its residential character by the use of colors, materials, lighting, or construction, are permitted,

(5) No more than one vehicle and one single axle trailer not exceeding 13 feet in length and 3,200 pounds used in conjunction with the home occupation may be parked on the premises. No equipment shall be stored outside the dwelling or accessory structure that would indicate that a business is being conducted on site except for equipment stored on the vehicle or trailer used in conjunction with the business. The vehicle and equipment for a home occupation shall be parked on the premises where the home occupation is conducted, but a trailer must be parked, except for loading or unloading, either in the rear yard or so that its view is screened from adjacent properties or public roads, and

(6) No assembly or group instruction shall be permitted with a home occupation. Individual instruction on a one to one basis is permitted. Only two clients may be on the property at any one time.

(f) Parking and storage of any commercial truck, commercial vehicle or public service vehicle provided that no such vehicle shall exceed 10,000 pounds, have more than two axles, or be a commercial vehicle which tows or hauls disabled, wrecked or junked vehicles. The restrictions in this subsection shall not apply to (i) trucks or vehicles on the premises while loading or unloading; or (ii) trucks or vehicles parked on a farm where the parking is incidental to the farming use being conducted on the property.

(g) Motorcycle, go-cart, all-terrain vehicle or similar type vehicle operation, provided as follows:

(1) the operation of the vehicle is not on an improved track or improved path; and

(2) no physical improvements are provided related to the operation of the vehicle including lights, pavement, grading, grandstand or other improvements.

The following uses shall be permitted in the A District subject to compliance with the following conditions and other applicable standards of this chapter. If the following restrictions cannot be met, these uses may be allowed by conditional use, subject to section 19-13:

(a) Access to any land located in an office, business or industrial district or used for an office, business or industrial purpose, provided that the property is designated for office, business or industrial use on the comprehensive plan.

(b) Family day-care homes provided that no more than five children exclusive of the provider's own children and children who reside in the home receive care at any one time during a 24-hour day.

(c) Stock or dairy farms, including all buildings and structures necessary to such use and the keeping, storage or operation of any vehicle or machinery necessary to such use, provided that the lot or parcel has at least three acres.

(3) Antennae shall be gray or another neutral color acceptable to the planning department.

(4) Any building or mechanical equipment shall comply with Emerging Growth Area Development Standards relative to architectural treatment and screening of mechanical equipment.

(1) No employees shall be permitted to work on the premises other than family member employees that live on the premises,

(6) No assembly or group instruction shall be permitted with a home occupation. Individual instruction on a one to one basis is permitted. Only two clients may be on the property at any one time.

(f) Motorcycle, go-cart, all-terrain vehicle or similar type vehicle operation, provided as follows:

(1) the operation of the vehicle is not on an improved track or improved path located within 1000 feet of residentially zoned property; and

(2) no physical improvements are provided related to the operation of the vehicle including lights, pavement, grading, grandstand or other improvements.

15.B. TO CONSIDER PROPOSED ADJUSTMENTS TO PLANNING DEPARTMENT SUBDIVISION REVIEW FEES

Mr. Glenn Larson, Assistant Director of Planning, stated this date and time has been advertised for a public hearing for the Board to consider proposed adjustments to Planning Department Subdivision Review fees. He further stated staff recommends a fee adjustment that would bring subdivision fee revenues to the county’s 80 percent cost “coverage” target. He stated the Planning Commission, as it has done with past fee adjustment proposals, established a committee to assist in their review. He further stated the committee suggested to staff an alternative fee proposal that would only cover the increased cost of the two new subdivision review positions approved as part of the county’s FY2007-08 budget, and staff projects that this alternative would generate fee revenues that would cover approximately 63 percent of projected subdivision review costs for the remainder of FY2007-08. He stated the Planning Commission recommended that the Board adopt Planning Department subdivision fee adjustments, as suggested by the Subdivision Fee Committee.

Mr. Tyler Craddock, representing the Homebuilders Association of Richmond, stated he supports the proposal of the Subdivision Fee Review Committee and the Planning Commission.

In response to Mr. Sowder’s question, Mr. Larson stated substantial changes to subdivision review fees were last made in FY2004.

In response to Mr. Miller’s question, Mr. Larson stated if no adjustments are made, 45 percent of the cost of subdivision reviews would be covered. He further stated the Planning Commission recommends that 63% be covered, and staff recommends 80% per county policy. He stated, in 2002, the Board established a policy that 80% of staff costs be covered through fees.

Mr. Miller expressed concerns relative to taxpayers subsidizing the subdivision review process, indicating that he does not understand why the county would not be prepared to adopt a fee that would cover more than 63 percent of the costs associated with the review process.

Mr. Miller then made a motion, seconded by Mr. King, for the Board to adopt staff’s proposed ordinance, which would bring subdivision fee revenues to the county’s 80 percent cost “coverage” target.

Mr. Sowder suggested Planning Department fees should be reviewed on an annual basis in the future, indicating that reviewing them every three to four years is not practical.

Mr. Miller called for a vote on his motion, seconded by Mr. King, for to the Board adopt the following ordinance:

AN ORDINANCE TO AMEND THE CODE OF THE COUNTY
OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING
AND RE-ENACTING SECTION 17-11 OF THE SUBDIVISION
ORDINANCE RELATING TO FEES

(1) That Section 17-11 of the Code of the County of Chesterfield, 1997, as amended, is amended and re-enacted to read as follows:

In addition to any other fees required by the county, fees shall be payable to the county treasurer and submitted to the planning department upon filing the following applications:

(Only one base fee will be required for final check plats required to be submitted in multiple sections per § 17-42.)

(f) Onsite sewage disposal system soils analysis review, per lot/parcel . . . $155.00

(i) Tentative subdivision approval, or resubmittal of an expired previously approved tentative:

(1) Original submittal, renewal of previously approved tentative plat or adjusted tentative plat for previously approved tentative plat, including up to two resubmittals . . . $800.00

(k) Written verification of subdivision or written subdivision interpretation . . . $75.00

Ms. Dickson stated this date and time has been advertised for a public hearing for the Board to solicit public comment on the recommendations contained in the Illegal Immigration Report and to articulate other potential options and opinions with respect to illegal immigration in Chesterfield County.

Ms. Margaret Davis stated illegal immigration is not just a county issue, indicating that state and federal officials should be addressing this issue, as well. She further stated English is the American language and should be the only language that is recognized. She stated stricter regulations should be placed on rental property, and social services should only be utilized by legal residents of Chesterfield County.

Ms. Mary Lou Marple stated she does not condone breaking the law, but extenuating circumstances bring immigrants here. She further stated there needs to be a workable solution for the estimated 12 million undocumented immigrants who have become the foundation of the service industry, agriculture and construction in this country. She suggested the possibility of a guest worker visa, with criteria developed to provide these workers an opportunity to become U.S. citizens.

Mr. Carlos Ojedo stated immigrants contribute to the local economy, and they pay federal, state and local taxes. He further stated immigrants come here to work and provide for their families, which they could not have done in their homeland.

Ms. Katharine Anderson stated it has become a commonly accepted misconception that most immigrants are Hispanic and here illegally, and that they take jobs away from Americans, do not pay taxes and do not want to learn English, when in fact economic impact studies have found just the opposite to be true. She further stated that the Council of Economics Advisors report states that immigrants are a critical part of the U.S. workforce and contribute to productivity, growth, and technology advancement. She requested that the Board defer any vote in response to the report presented on September 26, 2007 and explore the costs associated with illegal immigrants.

Mr. Cam Morris stated immigration will destroy this country, indicating that the number of illegal immigrants in this country is unbelievable.

Msgr. Mike Schmied, Saint Augustine Catholic Church, requested that the Board continue to foster the collaboration between county agencies, the immigrant community and the private sector.

John Kwapisz, representing the Virginia Immigration Reform Political Action Committee (VIRPAC), stated VIRPAC welcomes all legal immigrants that have respected our laws and who desire to become a part of our nation, state and community. He further stated the primary cost of immigrants is, in fact, at the state and local level. He further stated the Board has a number of proposals to explore.

Ms. Dorothy Bedard stated the economies of individual states and the United States as a whole benefit from immigration.

Ms. Karen Ojeda stated everyone has dreams and hopes, regardless of whether they are immigrants or American-born. She further stated the immigrants want to be a part of the American dream and to contribute to the prosperity of this country.

Mr. Thomas Clearly stated everyone should live in peace and help one another. He further stated that no one should be denied privileges or responsibilities. He requested that the Board take no actions related to illegal immigration.

Mr. Gerald Sakats stated compliance with the law is everyone’s responsibility, indicating that the county should not eliminate proper requirements and allow people to become a burden to society.

Mr. Fidel Rubio stated immigration is one of the most important social issues facing our country today. He further stated immigration impacts every community in the nation. He stated he supports a comprehensive immigration reform.

Mr. Horecto Harris stated it would be better to have a commission of people who are interested in this issue come to the Board and provide more information. He further stated the immigrants are no different then anyone else; they pay taxes and learn to speak English.

Ms. Carmen Williams stated the county should not waste time and resources on illegal immigration because this is a federal issue. She further stated the immigrants are willing to learn English.

Ms. Julia Torres Barden stated she would like to see from Chesterfield County be one of the first counties in the United States to think about diplomacy versus discipline, indicating that perhaps a multi-cultural advisory commission could assist with the challenges.

Mr. Michel Zajur stated the Board should be proactive towards this problem. He stated Hispanics are working in every industry and fueling the economy in Chesterfield and the Metro Richmond area.

In response to Mr. Warren’s question, Mr. Zajur stated universities and communities want to be more diverse and to build a creative economy, with different ide’s and individuals who can speak multiple languages. He further stated he would work with the county in anyway possible regarding this issue.

Ms. Judy Meeks stated there is a great misunderstanding about those who are against illegal immigration. She further stated she is against anyone breaking the law by coming into this country undocumented.

Mr. Ken Miller stated there has been no effort to offset the cost of providing services to undocumented immigrants with the benefit of tax revenue collected from these immigrants. He further stated he is surprised that the Board would consider acting on items that might negatively affect the lives of the immigrants without fully knowing the future impact or positive benefits the immigrants provide to the county.

Mr. Kendrick Hall appealed to Mr. Warren to defer the issue and let the new Board study it further. He stated the Board should adopt an ordinance urging the placement of a memorandum.

Mr. Rolando Molina stated illegal immigration is a federal issue and should not be addressed on the local level. He further stated it is difficult for someone who comes here from another country to learn to speak English.

Ms. Marilyn Breslow stated much emphasis has been put on the cost of immigration, and it appears that the study only looked at costs and not benefits. She further stated there are many studies that show the net gain from immigration. She noted that this country has been built on immigrant labor.

Mr. Benjamin Arredondo it is his understanding that most of the people who grew up in this country are immigrants. He further the immigrants want an opportunity to prove themselves.

Ms. Jen Hellrung stated this issue is all about resources, and everyone knows the county has limited resources. She further stated it is not about race; it is about not having enough money to go around. She stated, if the county is going to have adequate resources, we must do things to discourage people from residing here illegally.

Ms. Claudia Garay pleaded with the Board to let the immigrants be a part of Chesterfield County.

Ms. Nancy Finch suggested that some type of group be created to study this issue so that the county does not take action that would be regretted.

Ms. Rebeca Arias stated she supports immigration, whether it is illegal or legal. She further stated if everyone had the chance to be legal, everyone would be willing to pay the price. She stated that if illegal immigrants are sent back to Mexico, a lot of jobs will be empty.

Mr. John Kuzak stated the Hispanic culture is a very hard working culture. He stated provided details of a proposal designed to provide illegal immigrants a path to citizenship through a one-year transition plan.

Mr. Wayne Partin stated he does a lot of work that Americans are not willing to do. He further stated he does not fault the Hispanic culture for trying to make a better life for themselves. He stated it is important for the Board to stand for the immigrants.

Mr. Buz Grossberg stated his business would not be where it is today without the Hispanic community. He stated the only difference between an illegal immigrant and an immigrant is luck. He stated the immigrants are needed to do the work that the American people are not willing to do.

In response to Mr. King’s question, Mr. Grossberg stated he does not believe that any of his workers are here illegally.

Mr. King stated, when the Chairman brought this issue forward, it was not about the Hispanic community.

Mr. Bland Franklin stated the issue is not about immigrants; it is about illegal immigrants. He further stated border laws need to be enforced to maintain order and fairness. He stated it is not fair to taxpayers to have to support illegal immigrants.

Ms. Amanda Healy provided details of stated and federal fair housing laws. She stated it is important to remember that not every overcrowded home is occupied by immigrants, legal or otherwise.

Mr. Alberto Torres stated immigrants come to the United States looking for jobs and liberty. He further stated immigrants work very hard, indicating that if everyone would work together, this problem would be resolved.

Ms. Maria Barral stated Hispanics bring riches to our county. She further stated if you come from a poor country, it is very difficult to get a visa.

Ms. Courtney Day stated it should not matter whether you are legal or illegal, indicating that everyone should have opportunities to make a better life.

Ms. Brenda Stewart stated this issue is not about keeping out immigrants; it is about illegal activity. She further stated the county has procedures in place that provide for guest workers and agricultural workers. She stated bad things happen when individuals are allowed to choose what laws they will obey. She stated this county and its citizens must percolate up to the state and federal level the absolute necessity for acting to control illegal immigration. She further stated immigration laws are needed to maintain control of our republic.

There was a brief dialogue between a member of the audience and Mr. Miller relative to plans for the county to utilize the federal electronic variation program for applications for employment.

Mr. Miller stated the Board does not intend to vote on any issues related to this topic at this time, but will be considering the issues in the future.

Mrs. Humphrey stated this is an additional request for the county’s enhancement project list at the request of Senator Martin.

Mr. Eric Hodges, President of the Homeowners’ Association of Foxcroft, thanked the Board and staff for considering this project.

Mr. Miller called for public comment.

On motion of Mr. Humphrey, seconded by Mr. Sowder, the Board adopted the following resolution requesting Virginia Department of Transportation approval and guaranteeing the local match for the Foxcroft Landscaping Project:

WHEREAS, in accordance with the Commonwealth Transportation Board (CTB) construction allocation procedures, it is necessary that the local governing body request, by resolution, approval of a proposed enhancement project.

NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Chesterfield County requests the CTB establish a project for Foxcroft Landscaping.

AND, BE IT FURTHER RESOLVED that the Board hereby agrees to pay 20 percent of the total estimated cost of $150,000 for planning, design, right-of-way, and construction of the Foxcroft Landscaping Enhancement Project, and that, if the Board subsequently elects to unreasonably cancel this project, the County of Chesterfield hereby agrees that the Virginia Department of Transportation will be reimbursed for the total amount of the costs expended by the Department through the date the Department is notified of such cancellation.

And, further, the Board authorized the County Administrator to enter into agreements between VDOT/county/consultant/ contractor, for design, environmental permit, right-of-way acquisition, and/or construction agreements, acceptable to the County Attorney, for projects approved by VDOT.

(Note: If the project is approved and funded by VDOT, staff will return to the Board with an identified source for the proposed required match of $30,000.)

15.E. TO CONSIDER AN AMENDMENT TO THE TAX RELIEF FOR THE ELDERLY AND DISABLED ORDINANCE CONCERNING PROPERTY OWNED AS TENANTS IN COMMON BY BOTH QUALIFYING AND NON-
QUALIFYING PERSONS

Mr. Micas stated the 2000 General Assembly made a change in local programs for tax relief for the elderly. He noted that the amendment will only affect property that is held in common by both qualifying and non-qualifying persons. He further stated, of the 2,500 eligible residents, only two will be affected by this change. He stated those two people have been informed by the Commissioner of Revenue that, if they change their method of ownership, they would continue full eligibility.

In response to Mr. Miller’s question, Mr. Micas stated that some localities were denying tax relief if one of the members of the couple were non-qualifying. He further stated Chesterfield County gave full tax relief if one of the persons qualified.

On motion of Mr. King, seconded by Mrs. Humphrey, the Board adopted the following ordinance:

AN ORDINANCE TO AMEND SECTION 9-24 OF THE CODE OF THE
COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY ADDING
A NEW SUBSECTION (b) RELATING TO TAX RELIEF FOR
THE ELDERLY AND PERMANENTLY DISABLED

(1) That Section 9-24 of the Code of the County of Chesterfield, 1997, as amended, is amended and re-enacted by adding a new subsection (b) to read as follows:

(a) Notwithstanding any other provision of this chapter, a dwelling or manufactured home, and up to one acre of land upon which either is situated may be temporarily exempted from taxation when any such property is owned by and occupied as the sole residence of a person at least 65 years old or a person who is determined to be permanently and totally disabled as defined by Code of Virginia, § 58.1-3217. The exemption shall be subject to the following restrictions and conditions:

(1) During the preceding calendar year, the total combined income from all sources of the owners and owners' relatives living in the dwelling or manufactured home must not exceed $52,000.00; without including in the total the first $6,500.00 of each relative's income, other than the owner's spouse who is living in the dwelling or manufactured home.

(2) Notwithstanding subsection (1), if a person qualifies for an exemption under this section, and can prove by clear and convincing evidenc

Chesterfield Officials

BOARD OF SUPERVISORS

MINUTES

November 14 , 2007