04-24-2002 MinutesBOARD OF SUPERVISORS
MINI~fES
April 24, 2002
Supervisors in Attendance:
Mr. Kelly E. Miller, Chairman
Mr. Arthur S. Warren, Vice Chrm.
Mr. Edward B. Barber
Mrs. Renny Bush Humphrey
Mr. J. L. McHale, III
Mr. Lane B. Ramsey
County Administrator
Staff in Attendance:
Colonel Carl R. Baker,
Police Department
Mr. George Braunstein,
Exec. Dir., Community
Services Board
Ms. Jana Carter, Dir.,
Youth Services
Ms Marilyn Cole, Asst.
County Administrator
Mr Roy Covington, Asst.
Dir., Utilities
Ms Mary Ann Curtin, Dir.,
Intergovtl. Relations
Ms Rebecca Dickson, Dir.,
Budget and Management
Mr. James Dunn, Dir.,
Economic Development
Ms Lisa Elko,
Clerk
Chief Stephen A. Elswick,
Fire Department
Mr. Michael Golden, Dir.,
Parks and Recreation
Mr. Bradford S. Hammer,
Deputy Co. Admin.,
Human Services
Mr. John W. Harmon,
Right-of-Way Manager
Major David Hutton,
Sheriff's Office
Mr Thomas E. Jacobson,
Dir., Planning
Mr Donald Kappel, Dir.,
Public Affairs
Mr R. John McCracken,
Dir., Transportation
Mr Richard M. McElfish,
Dir., Env. Engineering
Mr Steven L. Micas,
County Attorney
Mr. Richard A. Nunnally,
Extension Agent
Mr. Francis Pitaro, Dir.,
General Services
Mr. James J. L. Stegmaier,
Deputy Co. Admin.,
Management Services
Mr. M. D. Stith, Jr.,
Deputy Co. Admin.,
Community Development
Mr. Thomas Taylor, Dir.,
Block Grant Office
Mr. Richard Witt, Asst.
Building Official
Mr. Miller called the regularly scheduled meeting to order at
3:36 p.m.
02 -295
04-24-02
1. APPROVAL OF MINUTES FOR APRIL 10, 2002
On motion of Mrs. Humphrey, seconded by Mr. McHale, the Board
approved the minutes of April 10, 2002, as submitted.
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
2. COUNTY ADMINISTRATOR'S COMMENTS
Mr. Ramsey stated that today is Model County Government
Day and approximately 80 students have participated by
shadowing a county official.
Each student came forward and stated their name, school,
and the county official they shadowed. Eleven of the
students were seated with the Board members and the
Clerk and participated in today's meeting.
Mr. Ramsey stated that Ms. Chelsae Higgs, a Monacan High
School student, attended a training session on the new
Cardinal Card initiative of Social Services while
shadowing him. He called forward Ms. Higgs to present a
summary of the initiative to the Board.
Ms. Higgs stated that the Cardinal Card will replace
food stamp coupons and will be faster, easier and safer
for customers to use. She stated that the electronic
benefits transfer (EBT) will be active throughout the
state by October 1, 2002.
3. BOARD COMMITTEE REPORTS
There were no Board committee reports at this time.
4. REQUESTS TO POSTPONE ACTION, ADDITIONS, OR CHANGES IN
THE ORDER OF PRESENTATION
On motion of Mr. McHale, seconded by Mr. Warren, the Board
added Item 8.C.6.d., Adoption of Resolution Recognizing April
21-27, 2002, as "Volunteer Appreciation Week in Chesterfield
County"; added Item 8.C.6.e., Adoption of Resolution
Recognizing Mount Gilead Full Gospel International
Ministries' April 27, 2002 Groundbreaking; deleted Item
8.C.8.a., Request for Permission from Darren L. Caldwell and
Heather L. Hart to Construct a Fence within a Sixteen-Foot
Easement Across Lot 21, Foxcroft, Section IX; replaced Item
8.C.15., Adoption of Seventh Supplemental Bond Resolution and
Set Date for Public Hearing to Consider the Appropriation of
Water and Sewer Revenue Refunding Bonds, Series 2002 and
Related Costs of Issuance; added Item 8.C.18., Set Date for
Public Hearing to Consider Amending County Policy Regarding
Criminal Background Checks for Coaches of Co-Sponsored
Groups; and adopted the Agenda, as amended.
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
02-296
04-24-02
RESOLUTIONS AND SPECIAL RECOGNITIONS
RECOGNIZING APRIL 21-27, 2002, AS ~ORGAN AND TISSUE DONO~
AWARENESS WEEK"
Mr. Kappel introduced Mr. Pat Daily, Assistant Executive
Director of the United Network for Organ Sharing (UNOS), who
was present to receive the resolution.
On motion of the Board, the following resolution was adopted:
WHEREAS, one of the most meaningful gifts that a human
being can bestow upon another is the gift of life; and
WHEREAS, approximately 23,000 Americans received
lifesaving or enhancing organ transplant last year; and
a
WHEREAS, a new transplant patient is added to the
national patient waiting list every 13 minutes; and
WHEREAS, nearly 80,000 men, women and children are
currently on the national waiting list for organ
transplantation, including approximately 750 in Central
Virginia, and including some in Chesterfield County; and
WHEREAS, an average of 16 people a day died last year
awaiting an organ transplant that did not come in time; and
WHEREAS, the United Network for Organ Sharing, the
national, non-profit organization that coordinates the
nation's organ transplant system, is located in Chesterfield
County; and
WHEREAS, Chesterfield County is committed to educating
its employees and residents about organ donation; and
WHEREAS, everyone is a potential organ, tissue and blood
donor.
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield
County Board of Supervisors publicly recognizes the week of
April 21-27, 2002, as "Organ and Tissue Donor Awareness Week"
in Chesterfield County to honor all those who have made the
decision to give life, to focus attention on the extreme need
for organ donation, and to encourage all residents of
Chesterfield County to consider giving life through organ
donation and to discuss that decision with their families.
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
Mr. Miller presented the executed resolution to Mr. Daily and
expressed appreciation for the life saving efforts of the
United Network for Organ Sharing.
Mr. Daily expressed appreciation to the Board for recognizing
the importance of organ and tissue donation, and stated that
approximately 250,000 Americans have been saved by life
saving transplants since UNOS began its operations in 1986.
Mrs. Humphrey stated that she feels the appreciation for
organ transplant becomes greater every year.
Mr. McHale noted that it is very easy to become a organ donor
by simply checking a box on your driver's license application
or renewal and notifying your family members of your
decision.
02 -297
04-24-02
WORK SESSIONS
REVIEWING THE CONSOLIDATED EASTERN AREA PLAN, AND
AMENDMENT TO THE COUNTY'S COMPREHENSIVE PLAN, AND TO
REVIEW COMPANION AMENDMENTS TO THE ZONING ORDINANCE
RR?.~TING TO DEVELOPMENT STANDARDS ALONG MAJOR ROADS
WITHIN THE PLAN AMENDMENT GEOGRAPHY
Mr. James Bowling, Principal Planner, presented a summary of
the Consolidated Eastern Area Plan. He stated that the plan
embodies the geographies of four aging plans - the Eastern
Area Plan, the Eastern Area Plan Amendment, the Ruffin Mill
Area Plan, and the Meadowville Area Plan. He further stated
that research for the Plan included extensive background
analysis of existing zoning and land use patterns and
development activity; citizen participation strategy; and a
design guidelines survey. He reviewed concerns expressed by
citizens, including provision of adequate roads; protection
of area neighborhoods; development of design standards for
major arterials; promotion of economic development;
protection of natural areas; and protection of historic
resources. He stated that the goal of the Plan is that the
area should continue to be a prime area for economic
development, and also be a desirable place to work and live.
He reviewed a comparison of the existing and proposed plans
and stated that the Consolidated Eastern Area Plan includes a
transportation component. He stated that staff is also
recommending ordinance amendments and initiatives relative to
tree preservation along Route 10 east of 1-95; setbacks along
Old Stage and Coxendale Roads; recommended design standards
for Mixed Use Corridors along Route 10, east of 1-95; and
recommended design standards for Route 10 in Enon. He
further stated that initiatives recommended with the Plan for
further study include preservation of historic resources and
potential for greenways and trails systems.
When asked, Mr. Bowling stated that a public hearing has been
scheduled for the Board to consider the Plan on May 22, 2002.
Mr. McHale stated that he and Mr. Phil Cunningham, Bermuda
District Planning Commissioner, will be meeting with several
constituents relative to setback and tree preservation along
Route 10 and the impact this may have on the future use of
their property. He further stated that if the citizens'
issues are not resolved, it may be necessary to defer the
public hearing until June 26, 2002.
7. DEFERRED ITEMS
There were no deferred items at this time.
8. NEW BUSINESS
8.A. STREETLIGHT INSTALLATION APPROVAL
On motion of Mrs. Humphrey, seconded by Mr. McHale, the Board
approved the following streetlight installation:
MATOACA DISTRICT
* Winterpock Road, vicinity of 10701,
opposite Bethia United Methodist Church
Cost to install streetlight: $1,680.24
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
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04-24-02
8. B. APPOINTMENTS
On motion of Mr. McHale, seconded by Mr. Barber, the Board
suspended its rules at this time to allow for simultaneous
nomination/appointment/reappointment of members to serve on
the Youth Services Citizen Board and the Camp Baker
Management Board.
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
8.B.1. YOUTH SERVICES CITIZEN BOARD
On motion of Mr. Barber, seconded by Mrs. Humphrey, the Board
simultaneously nominated/appointed Ms. Elizabeth Brengel,
adult member representing the Midlothian District, to serve
on the Youth Services Citizen Board, whose term is effective
immediately and expires June 30, 2003. (It is noted Ms.
Brengel will fill the unexpired term of Ms. Gabrielle
Roberts.)
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
8 · B . 2 . CAMP BAKER MANAGEMENT BOARD
On motion of Mr. Miller, seconded by Mr. Warren, the Board
simultaneously nominated/reappointed Mr. James Lumpkin,
representing the Dale District, to serve on the Camp Baker
Management Board, whose term is effective May 1, 2002 and
expires April 30, 2005.
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
On motion of Mrs. Humphrey, seconded by Mr. McHale, the Board
simultaneously nominated/reappointed Mr. Mark Nugent,
representing the Matoaca District, to serve on the Camp Baker
Management Board, whose term is effective May 1, 2002 and
expires April 30, 2005.
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
On motion of Mrs. Humphrey, seconded by Mr. McHale, the Board
nominated/reappointed Mr. Vincent Burgess, representing
Richmond Area Association for Retarded Citizens, to serve on
the Camp Baker Management Board, whose term is effective May
1, 2002 and expires April 30, 2004.
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
8.C. CONSENT ITEMS
8.C.1. APPROPRIATION AND TRANSFER OF FUNDS FOR POWHITM
PARKWAY EXTENSION-GREENSPRINGS ROAD PROJECT
On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board
authorized staff to notify the developer of Zoning Case
01SN0189 that the development is to proceed under Alternative
'B~ conditions which require the cash contribution for the
02 -299
04-24-02
Powhite Parkway Extension; appropriated $400,000 in
anticipated developer contributions for the construction of
Powhite Parkway Extension; transferred $600,000 from the
General Road Improvement Account to the Powhite Parkway
Extension-Greensprings Project; approved the transfer of
$600,000 from the General Road Improvement Account FY03
appropriation to the Powhite Parkway Extension-Greensprings
project at the beginning of fiscal year 2003; authorized the
County Administrator to enter into the necessary
county/VDOT/developer construction agreements/contracts,
permits, and surety agreements, acceptable to the County
Attorney, in order to have the Powhite Parkway Extension-
Greensprings project constructed; authorized staff to proceed
with the design, right-of-way acquisition, and advertisement
of the Powhite Parkway Extension-Greensprings Road
construction contract; and accepted the right-of-way for the
Powhite Parkway Extension-Greensprings Road Project and
authorized the County Administrator to sign the deed.
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
8.C.2. REQUESTS FOR PERMITS TO STAGE FIREWORKS DISPLAYS
8.C.2.a. AT 70 BELLONA ARSENAL ON JULY 4, 2002
On motion of Mr. McHale, seconded by Mrs. Humphrey, the
Board approved a request from Mr. George Hoover to stage a
fireworks display at 70 Bellona Aresenal on July 4, 2002,
with rain dates of July 5 and July 6, 2002.
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
8.C.2.b. AT THE CHESTERFIELD COUNTY FAIRGROUNDS ON JULY 4,
2002
On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board
approved a request from the Chesterfield County Parks and
Recreation Department to stage a fireworks display at the
Chesterfield County Fairgrounds on July 4, 2002.
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
8.C.2.c. AT THE SUNDAY PARK PENINSULA OF BRANDERMILL ON JULY
4, 2002
On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board
approved a request from Mr. Mike Divita and Ms. Dena
Sindelir, of the Brandermill Community Association, to stage
a fireworks display at the Sunday Park Peninsula at
Brandermill on July 4, 2002.
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
8.C.3. STATE ROAD ACCEPTANCE
On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board
adopted the following resolution:
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04-24-02
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 ~ 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.
Tyl~e Change to the Secondary System of State Highways: Addition
Basis for Change:
Addition, New subdivision street
Statutory Reference:
§33.1-229
Project: McCormick Woods, Section B
Fox Maple Court, State Route Number: 4577
From:
Fox Maple Tr., ( Rt. 4576)
To:
Cul-de-sac, a distance of: 0.07 miles.
Right-of-way record was filed on 9/14/1997 with the Office Of Clerk To Circuit Court in Pb. 95; Pg. 32,
with a width of 40 Ft.
Fox Maple Terrace, State Route Number: 4576
From:
Hampton Av., ( Rt. 1315)
To:
Fox Maple Ct., ( Rt. 4577), a distance of: 0.07 miles.
Right-of-way record was filed on 9/14/1997 with the Office Of Clerk To Circuit Court in Pb. 95; Pg. 32,
with a width of 40 Ft.
Fox Maple Terrace, State Route Number: 4576
From:
Fox Maple Ct., ( Rt. 4577)
To:
Cul-de-sac, a distance of: 0.07 miles.
Right-of-way record was filed on 9/14/1997 with the Office Of Clerk To Circuit Court in Pb. 95; Pg. 32,
with a width of 40 Ft.
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
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04-24-02
8.C.4. TRANSFER OF FUNDS, DESIGNATION OF PROJECTS FOR THE
SUPPLEMENTAL FY2002 CHESTERFIELD ROAD FUND, AND
APPROVAL OF THE UPDATED CHESTERFIELD ROAD FUND
PROJECT DEVELOPMENT SCHEDULE
On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board
transferred $100,000 from the General Road Improvements
Account for the FY02 Supplemental Chesterfield Road Fund; and
adopted the following resolution designating the FY02
Supplemental Funds for the Old Buckingham Road (Mill Forest
Drive to South of Olde Coalmine Road) Project:
WHEREAS, Section 33.1-75.1 of the Code of Virginia
permits the Commonwealth Transportation Board to make an
equivalent matching allocation to any County for designations
by the governing body of up to 25% or $500,000, whichever is
greater, of funds received by it during the current fiscal
year pursuant to the "State and Local Fiscal Assistance Act
of 1972" for use by the Commonwealth Transportation Board to
construct, maintain, or improve primary and secondary highway
systems within such County; and
WHEREAS, the Virginia Department of Transportation
(VDOT) has notified the County that $100,000 is the maximum
amount of Chesterfield County funds that will be matched by
the State as a supplemental FY02 allocation.
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield
County Board of Supervisors has allocated $100,000 from the
General Road Improvements Account for the FY02 Supplemental
Allocation Program and requests VDOT to provide an equivalent
match.
AND, BE IT FURTHER RESOLVED, that the FY02 Supplemental
Matched Funds be allocated for the following project:
$200,000
Old Buckingham Road (Mill Forest Drive to
South of Olde Coalmine Road) - Preliminary
Engineering, Right-of-Way and Construction
($100,000 VDOT and $100,000 County)
And, further, the Board approved the updated Chesterfield
Road Fund Project Development Schedule.
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
8.C.5. APPROPRIATION OF FUNDS FOR THE IVEY MILL ROAD PAVING
PROJECT
On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board
appropriated $29,500 in cash proffers (Shed 16) for the Ivey
Mill Road Paving Project, and authorized the County
Administrator to solicit quotes for the paving.
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
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8.C.6. ADOPTION OF RESOLUTIONS
8.C.6.a.
RECOGNIZING THE HONORABLE WILLIAM R. SHELTON,
JUDGE, CIRCUIT COURT, UPON HIS RETIREMENT
On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board
adopted the following resolution:
WHEREAS, The Honorable William R. Shelton was born in
Pennington Gap, Virginia; and
WHEREAS, Judge Shelton was educated in the Lee County
Public Schools; and
WHEREAS, Judge Shelton received his undergraduate degree
from Emory and Henry College and his law degree from the
University of Richmond; and
WHEREAS, Judge Shelton practiced law in Chesterfield
County from 1959 until 1980; and
WHEREAS, Judge Shelton served as Assistant
Commonwealth's Attorney for Chesterfield County from 1961-
1962 and then as Clerk of Circuit Court for the county from
1962 to 1966; and
WHEREAS, Judge Shelton was appointed as an Associate
Judge of the Twelfth Judicial County Court in 1966; and
WHEREAS, Judge Shelton was named to the Twelfth Judicial
General District Court in 1973; and
WHEREAS, Judge Shelton was elevated to the Twelfth
Judicial Circuit Court by the Virginia General Assembly in
1986; and
WHEREAS, Judge Shelton is a former chairman of the
Chesterfield County Airport Advisory Board; former president
of the Chesterfield-Colonial Heights Bar Association; former
president of the Association of County Court Judges; and a
member of several other prestigious organizations dedicated
to excellence in jurisprudence; and
WHEREAS, The Honorable William R. Shelton has devoted
his life to public service as a judicial officer; and
WHEREAS, Judge Shelton will retire from public service
on May 1, 2002; and
WHEREAS, the citizens of Chesterfield County and this
Board of Supervisors are grateful for the long and dedicated
judicial service Judge Shelton has provided and will miss his
wisdom, expertise and leadership.
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield
County Board of Supervisors recognizes The Honorable William
R. Shelton, commends him for his many contributions to the
legal system in Chesterfield County and the region, as well
as his outstanding commitment to public service, and extends
best wishes for a long and happy retirement.
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
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04-24-02
8.C.6.b.
RECOGNIZING THE WEEK OF MAY 12-18, 2002, AS
~BUSINESS APPRECIATION WEEK IN CHESTERFIELD
COUNTY"
On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board
adopted the following resolution:
WHEREAS, Chesterfield County has had a strong
manufacturing base throughout its history beginning with the
Falling Creek Iron Works and continuing today as the home of
diverse manufacturers making an array of products ranging
from specialty synthetic fibers and gas turbines to food
products; and
WHEREAS, these manufacturers are both domestically and
internationally based and range in size from very small
entrepreneurial companies to large companies employing more
than 2,800 people; and
WHEREAS, more than $88 million has been invested and 496
new jobs created by industry thus far in fiscal year 2002,
and the total impact of industry establishes it as a
fundamental part of Chesterfield's local economy and helps
support our high quality of life; and
WHEREAS, business tax revenues are critical in
offsetting the cost of county-provided services required by
our rapidly growing residential sector, in addition to
industry taking an active role in making the community a
better place through their commitment to charitable
organizations, schools, recreation and other worthwhile
endeavors.
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield
County Board of Supervisors hereby recognizes the week of May
12-18, 2002, as "Business Appreciation Week," and expresses
its gratitude on behalf County residents to all industries
located in Chesterfield for their numerous contributions over
the years.
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
8.C.6.c.
RECOGNIZING MAY 12-18, 2002, AS "NATIONAL LAW
ENFORCEMENT WEEK"
On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board
adopted the following resolution:
WHEREAS, one of Chesterfield County's seven strategic
goals is "to be the safest and most secure community of its
size in the USX'; and
WHEREAS, no human aspiration is more fundamental and
important than safety of family, self and others whom we hold
dear; and
WHEREAS, the dedicated, loyal and brave members of the
various law enforcement agencies that operate in Chesterfield
County provide an invaluable service to all citizens; and
WHEREAS, this service, provided 24 hours a day and 365
days a year, is the foundation upon which our quality of life
rests; and
WHEREAS, law enforcement agencies have kept a constant
vigil in the aftermath of the terrorist attacks on our nation
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04-24-02
September 11, 2001, a day when many law enforcement
professionals paid the ultimate price in demonstrating their
commitment and dedication to the safety of others; and
WHEREAS, the week of May 12-18, 2002, is widely
recognized across the nation as ~ational Law Enforcement
Week," and
WHEREAS, Chesterfield County is proud and honored to
have such outstanding and professional individuals serving as
law enforcement officers in the county to protect the health,
safety and welfare of its citizenry.
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield
County Board of Supervisors publicly recognizes the week of
May 12-18, 2002, as ~National Law Enforcement Week" in
Chesterfield County and calls this recognition to the
attention of all its citizens.
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
8.C.6.d. RECOGNIZING APRIL 21-27, 2002, AS ~VOLUNTEER
APPRECIATION WEEK" IN C~ESTERFIELD COUNTY
On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board
adopted the following resolution:
WHEREAS, volunteers contribute significantly to the
quality of life in Chesterfield County, in the Commonwealth,
and in the nation; and
WHEREAS, volunteering is recognized as an integral part
of government and industry in contributing to the
achievements that enhance our nation; and
WHEREAS, volunteers provide the human resources for
programs that strengthen our community and add to the quality
of life in Chesterfield; and
WHEREAS, volunteers enrich our cultural diversity with
their backgrounds, experiences and talents; and
WHEREAS, volunteers bring energy and wisdom together by
bridging the gap between younger and older generations; and
WHEREAS, volunteers enable us to meet and often exceed
the strategic goals of the organization, thereby increasing
the quality of service provided to citizens.
NOW, THERFORE BE IT RESOLVED, that the Chesterfield
County Board of Supervisors recognizes the week of April 21-
27, 2002, as ~'Volunteer Appreciation Week" in Chesterfield
County and urges all citizens to honor volunteers for their
contributions to the county.
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
8.C.6.e. RECOGNIZING MOUNT GILEAD FULL GOSPEL INTERNATION~?.
MINISTRIES' APRIL 27, 2002 GROUNDBREAKING
On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board
adopted the following resolution:
02 -305
04 -24-02
WHEREAS, Mount Gilead Full Gospel International
Ministries has been active in Chesterfield County for more
than 100 years; and
WHEREAS, the church was originally located at 7900
Walmsley Boulevard; and
WHEREAS,
members; and
in 1996,
the church had approximately 25
WHEREAS, in May of that same year, State Overseer Pastor
Daniel Robertson and Co-Pastor Elena Robertson arrived to
lead the congregation; and
WHEREAS, 65 new members joined the congregation on the
first Sunday after the arrival of the Robertsons; and
WHEREAS, by year's end, 170 new members were added to
the congregation; and
WHEREAS, the church has continued to grow, re-model, and
reach out to neighboring communities; and
WHEREAS, Assistant Pastor Kenneth Mitchell came to the
congregation in 2001; and
WHEREAS, the current sanctuary, which seats 440, has
been outgrown, and Sunday worship services have been
conducted at Manchester High School; and
WHEREAS, Wednesday bible studies have been conducted at
Bailey Bridge Middle School; and
WHEREAS, as 50 to 60 new members join the congregation
each month, Mount Gilead Full Gospel International Ministries
has an urgent need for more space; and
WHEREAS, a new, 1,500 seat sanctuary with a children's
church ministry, administrative offices and a commercial-
grade kitchen will be built at Hicks Road and Hull Street
Road, with a groundbreaking on April 27, 2002.
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield
County Board of Supervisors expresses its best wishes to the
congregation of Mount Gilead Full Gospel International
Ministries, congratulates the church on its growth and
success, and expresses appreciation for the good works done
by the congregation under the leadership of Pastor Robertson,
Co-Pastor Robertson, Assistant Pastor Mitchell and Minister
Delores Winfield, and wishes the church continued success in
its new location.
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
8.C.7. ACCEPTANCE OF PARCELS OF LAND
8.C.7.a. ALONG THE WEST RIGHT OF WAY LINE OF ALVERSER DRIVE
FROM RETLAW 100, LLC
On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board
accepted the conveyance of a parcel of land containing 0.011
acres along the west right of way line of Alverser Drive
(State Route 727) from Retlaw 100, LLC, and authorized the
County Administrator to execute the necessary deed. (It is
noted a copy of the plat is filed with the papers of this
Board.)
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
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04-24-02
8.C.7.b. ALONG THE WEST RIGHT OF WAY LINE OF ALVERSER DRIVE
FROM CITIZENS AND FARMERS BANK
On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board
accepted the conveyance of a parcel of land containing 0.019
acres along the west right of way line of Alverser Drive
(State Route 727) from Citizens and Farmers Bank, and
authorized the County Administrator to execute the necessary
deed. (It is noted a copy of the plat is filed with the
papers of this Board.)
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
8.C.8. REQUESTS FOR PERMISSION
8.C.8.b.
FROM AFRODICIO CATEDRAL AND ROSA A. CATEDRAL
FOR AN EXISTING DOG PEN, SHED AND CANOPIES TO
ENCROACH ON COUNTY PROPERTY
On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board
approved a request from Afrodicio Catedral and Rosa A.
Catedral, for permission for an existing dog pen, shed and
canopies to encroach on county property at the Meadowdale
Library, 4301 Meadowdale Boulevard, 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: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
8.C.10. APPROVAL OF CHANGES IN SECONDARY SYSTEM OF STATE
HIGHWAYS, WOODS END ROAD AND WALTHALL INDUSTRIAL
PARKWAY
On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board
adopted the following resolution for changes into the
Secondary System of State Highways, Woods End Road and
Walthall Industrial Parkway:
WHEREAS, at regular meetings of this Board on June 11,
1997, July 28, 1999 and June 28, 2000, resolutions were
adopted regarding the addition of Walthall Industrial Parkway
and the abandonment of portions of Woods End Road, State
Route 1137; and
WHEREAS, the Virginia Department of Transportation has
determined that certain technicalities prompt corrections to
said resolutions; and
WHEREAS, Walthall Industrial Parkway, identified on the
attached sketch as Segments B-C and C-D, has been constructed
to standards permitting its addition to the secondary system
of state highways maintained by the Virginia Department of
Transportation; and
WHEREAS, portions of Woods End Road, State Route 1137,
identified on the attached sketch as Segments A-C and C-E, no
longer serve a public need; and
WHEREAS, Walthall Industrial Parkway serves the same
citizens as the portions of Woods End Road, State Route 1137,
identified to be abandoned.
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NOW, THEREFORE BE IT RESOLVED, that the Board of
Supervisors hereby rescinds its resolutions of June 11, 1997,
July 28, 1999 and June 28, 2000 regarding actions on the
aforesaid roads; and
BE IT FURTHER RESOLVED, the Board of Supervisors hereby
orders the portions of Woods End Road, State Route 1137,
identified as Segment A-C, a distance of 0.05 miles and
Segment C-E, a distance of 0.17 miles as shown on the
attached sketch abandoned as part of the secondary system of
state highways pursuant to §33.1-155, Code of Virqinia; and
BE IT FURTHER RESOLVED, the Board of Supervisors hereby
requests the Virginia Department of Transportation to accept
as part of the secondary system of state highways Walthall
Industrial Parkway identified as Segment B-C, a distance of
0.08 miles and Segment C-D, a distance of 0.28 miles as shown
on the attached sketch pursuant to §33.1-229, Code of
Virqinia; and
BE IT FURTHER RESOLVED, the Board of Supervisors hereby
requests the Commissioner of the Virginia Department of
Transportation take the necessary steps under §33.1-154, Code
of Virqinia, to certify that the portion of Woods End Road
identified as Segment A-C hereby abandoned is no longer
necessary for the purposes of the secondary system of state
highways; and
BE IT FURTHER RESOLVED, that a certified copy of this
resolution be forwarded to the Resident Engineer for the
Virginia Department of Transportation.
(It is noted a copy of the plat is filed with the papers of
this Board.)
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
8.C.11. DESIGNATION OF RIGHT OF WAY AT ETTRICK PARK
On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board
designated 0.07684 acres of county property as public right
of way at Ettrick Park, and authorized the County
Administrator to execute the necessary Declaration. (It is
noted a copy of the plat is filed with the papers of this
Board.)
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
8.C.12. AWARD OF CONSTRUCTION CONTRACT FOR THE HUGUENOT
SPRINGS ELEVATED WATER STORAGE TANK PROJECT
On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board
awarded a construction contract, in the amount of $1,943,000,
to Landmark Structures for County Project #99-0123, Huguenot
Springs Elevated Water Storage Tank, and authorized the
County Administrator to execute the necessary documents.
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
8.C.13. APPROVAL OF LEASE OF PROPERTY FOR THE PLANNING
DEPARTMENT
On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board
approved a lease with CS Development Company, Incorporated,
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04-24-02
for 1,375 square feet of office space at Court Square for the
Planning Department's Code Compliance Office, and authorized
the County Administrator to execute the lease agreement.
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
8.C.14. AWARD OF CONTRACT TO SHOOSMITH BROTHERS CONSTRUCTION
COMPANY FOR THE GOVERNMENT CENTER PARKWAY PROJECT
On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board
awarded a contract, in the amount of $1,258,242, to Shoosmith
Brothers Construction Company for construction of the
Government Center Parkway; transferred available
appropriations in the amount of $503,000 from various
sources; and authorized the County Administrator to execute
all contract documents.
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
8.C.15. ADOPTION OF SEVENTH SUPPLEMENTAL BOND RESOLUTION AND
SET DATE FOR PUBLIC HEARING TO CONSIDER THE
APPROPRIATION OF WATER AND SEWER REVENUE REFUNDING
BONDS, SERIES 2002 AND RELATED COSTS OF ISSUANCE
On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board
adopted the following resolution:
COUNTY OF CHESTERFIELD, VIRGINIA
SEVENTH SUPPLEMENTAL BOND RESOLUTION
AUTHORIZING AND PROVIDING FOR THE
ISSUANCE, SALE AND DELIVERY OF NOT TO
EXCEED $10,000,000 AGGREGATE PRINCIPAL
AMOUNT OF WATER AND SEWER REVENUE
REFUNDING BONDS, SERIES 2002, OF THE
COUNTY OF CHESTERFIELD, VIRGINIA, AND
DELEGATING TO THE COUNTY ADMINISTRATOR
CERTAIN POWERS WITH RESPECT THERETO
ADOPTED APRIL 24, 2002
COUNTY OF CHESTERFIELD, VIRGINIA
SEVENTH SUPPLEMENTAL BOND RESOLUTION
AUTHORIZING AND PROVIDING FOR THE
ISSUANCE, SALE AND DELIVERY OF NOT TO
EXCEED $10,000,000 AGGREGATE PRINCIPAL
AMOUNT OF WATER AND SEWER REVENUE
REFUNDING BONDS, SERIES 2002, OF THE
COUNTY OF CHESTERFIELD, VIRGINIA, AND
DELEGATING TO THE COUNTY ADMINISTRATOR
CERTAIN POWERS WITH RESPECT THERETO
WHEREAS, on July 24, 1985, the Board of Supervisors (the
"Board") of the County of Chesterfield, Virginia (the
"County"), duly adopted a resolution, entitled "RESOLUTION OF
THE BOARD OF SUPERVISORS OF THE COUNTY OF CHESTERFIELD,
VIRGINIA, AUTHORIZING THE ISSUANCE OF WATER AND SEWER REVENUE
BONDS OF THE COUNTY OF CHESTERFIELD, VIRGINIA, AND PROVIDING
FOR THE SECURITY OF THE HOLDERS THEREOF" (hereinafter
referred to as the "Bond Resolution,,), as amended and
supplemented, authorizing the issuance of the "County of
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04-24-02
Chesterfield, Virginia, Water and Sewer Revenue
(hereinafter referred to as the "Bonds"); and
Bonds"
WHEREAS, on February 26, 1992 the Board duly adopted a
resolution, entitled "FOURTH SUPPLEMENTAL BOND RESOLUTION
AUTHORIZING AND PROVIDING FOR THE ISSUANCE, SALE AND DELIVERY
OF $19,705,000 AGGREGATE PRINCIPAL AMOUNT OF WATER AND SEWER
REVENUE REFUNDING BONDS, SERIES 1992, OF THE COUNTY OF
CHESTERFIELD, VIRGINIA" (hereinafter referred to as the
"Fourth Supplemental Bond Resolution"), authorizing the
issuance of the County of Chesterfield, Virginia, Water and
Sewer Revenue Refunding Bonds, Series 1992 (the "1992
Bonds"); and
WHEREAS, the Board has determined that it is advisable
for the County to authorize the issuance, sale and delivery
of an issue of Bonds to be issued under and pursuant to the
Bond Resolution in the aggregate principal amount of not to
exceed $10,000,000 to be designated as the "County of
Chesterfield, Virginia, Water and Sewer Revenue Refunding
Bonds, Series 2002" (hereinafter defined as the "2002
Bonds"); and
WHEREAS, it is contemplated that the proceeds of the
2002 Bonds, together with other available moneys of the
County, will be applied to refund in advance of their stated
maturities and defease a portion of the $12,090,000 aggregate
principal amount of 1992'Bonds maturing on November 1 in each
of the years 2003 through 2010, both inclusive (hereinafter
defined as the "Refunded Bonds"), and in connection therewith
the County intends to enter into an Escrow Deposit Agreement,
dated as of May 15, 2002 (hereinafter defined as the "Escrow
Deposit Agreement"), by and between the County and The Bank
of New York, New York, New York, as Escrow Agent;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD
SUPERVISORS OF THE COUNTY OF CHESTERFIELD, VIRGINIA:
OF
SECTION 1.1. Definitions. Unless the context shall
clearly indicate some other meaning, all the words and terms
used in this Seventh Supplemental Bond Resolution which are
defined in Article I of the Bond Resolution shall, for the
purposes of this Seventh Supplemental Bond Resolution, have
the respective meanings given to them in the Bond Resolution.
Unless the context shall clearly indicate some other
meaning, the following terms shall, for all purposes of the
Bond Resolution and of any certificate, resolution or other
instrument amendatory thereof or supplemental thereto
(including for all purposes of this Seventh Supplemental Bond
Resolution) and for all purposes of any opinion or instrument
or other document therein mentioned, have the following
meanings, with the following definitions to be equally
applicable to both the singular and plural forms of such
terms and vice versa:
"Bond Resolution" shall mean the resolution duly adopted
by the Board on July 24, 1985, entitled "RESOLUTION OF THE
BOARD OF SUPERVISORS OF THE COUNTY OF CHESTERFIELD, VIRGINIA,
AUTHORIZING THE ISSUANCE OF WATER AND SEWER REVENUE BONDS OF
THE COUNTY OF CHESTERFIELD, VIRGINIA, AND PROVIDING FOR THE
SECURITY OF THE HOLDERS THEREOF".
"Escrow Aqent" shall mean The Bank of New York, New
York, New York, as Escrow Agent under the Escrow Deposit
Agreement.
"Escrow Deposit Aqreement" shall mean the Escrow Deposit
Agreement, dated as of May 15, 2002, by and between the
County and the Escrow Agent.
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04-24-02
"1986 Code" shall mean the Internal Revenue Code of 1986
and the regulations promulgated by the United States
Department of the Treasury thereunder from time to time.
"1992 Bonds" shall mean the County of Chesterfield Water
and Sewer Revenue Refunding Bonds, Series 1992, dated
February 15, 1992, issued pursuant to the Bond Resolution and
the Fourth Supplemental Bond Resolution.
"Refunded Bonds" shall mean the portion of the
$12,090,000 aggregate principal amount maturing on November
1 in each of the years 2003 through 2010, both inclusive, to
be refunded with the proceeds of the 2002 Bonds and other
available moneys of the County.
"Seventh Supplemental Bond Resolution" shall mean this
Seventh Supplemental Bond Resolution.
"Trustee" shall mean The Bank of New York, New York, as
Trustee under the Bond Resolution.
"2002 Bonds" shall mean the Bonds authorized by this
Seventh Supplemental Bond Resolution and issued under the
Bond Resolution and this Seventh Supplemental Bond Resolution
at any time Outstanding.
Unless the context shall clearly indicate otherwise or
otherwise require (i) all references in this Seventh
Supplemental Bond Resolution to the Bond Resolution (without
specifying in such references any particular article, section
or subsection of the Bond Resolution) shall be to the Bond
Resolution as supplemented and amended; (ii) all references
by number in this Seventh Supplemental Bond Resolution to a
particular article or section of the Bond Resolution shall be
to the article, section or subsection of that number of the
Bond Resolution, and if such article, section or subsection
shall have been supplemented or amended, to such article,
section or subsection as so supplemented or amended; and
(iii) all references by number in this Seventh Supplemental
Bond Resolution to a particular article, section or
subsection of the Seventh Supplemental Bond Resolution shall
be only to the article, section or subsection of that number
of this Seventh Supplemental Bond Resolution.
Whenever used in this Seventh Supplemental Bond
Resolution, the words "herein", "hereinbefore",
"hereinafter", "hereof", "hereunder" and other words of
similar import, refer to this Seventh Supplemental Bond
Resolution only and to this Seventh Supplemental Bond
Resolution as a whole and not to any particular article,
section or subdivision hereof; and the words "therein",
"thereinbefore", "thereof", "thereunder" and other words of
similar import, refer to the Bond Resolution as a whole and
not to any particular article, section or subdivision
thereof.
ARTICLE II
AUTHORIZATION OF ISSUANCE AND APPROVAL
OF SALE OF 2002 BONDS
SECTION II.1. Authorization of Issuance of 2002 Bonds.
(a) For the purposes of providing funds (i) for the deposit
into the Debt Service Reserve Fund held by the Trustee of the
amount specified in Section 2.7(b) of this Seventh
Supplemental Bond Resolution; and (ii) for the deposit with
the Escrow Agent under the Escrow Deposit Agreement of the
amount specified in Section 2.7(c) of this Seventh
Supplemental Bond Resolution for application, together with
other available moneys of the County, to refund in advance of
02 -311
04-24-02
their stated maturities and defease the Refunded Bonds, there
are hereby authorized to be issued, and shall be issued,
under and secured by the Bond Resolution, including this
Seventh Supplemental Bond Resolution, an issue of Bonds in
the aggregate principal amount of not to exceed $10,000,000,
to be designated as the "County of Chesterfield, Virginia,
Water and Sewer Revenue Refunding Bonds, Series 2002" (herein
defined and referred to as the "2002 Bonds").
(b) The 2002 Bonds shall be dated May 15, 2002; shall
be issued in fully registered form; shall be in the
denomination of $5,000 or any integral multiple thereof; and
shall be numbered or lettered, or both, as shall be
determined by the Trustee, which numbers or letters shall
have the letter "R" prefixed thereto. The 2002 Bonds shall
mature and become due and payable on such date or dates not
exceeding forty (40) years from their date and in such
principal amounts on each such date as shall be determined by
the County Administrator, and shall bear interest from their
date at the rates per annum determined by the County
Administrator, payable on November 1, 2002 and semiannually
on each May 1 and November 1 thereafter.
(c) Subject to the provisions of Section 2.3 hereof,
principal of each 2002 Bond shall be payable to the
registered owner thereof at the principal office of the
Trustee upon presentation and surrender of such 2002 Bond.
Subject to the provisions of Section 2.3 hereof, interest on
each 2002 Bond shall be paid by the Trustee as Paying Agent
for the 2002 Bonds to the registered owner thereof as shown
on the books of registry maintained by the Trustee as
Registrar for the 2002 Bonds, as of the close of business on
the fifteenth (15th) day of the calendar month next preceding
each interest payment date, by check or draft mailed to such
registered owner or, upon the request of the registered owner
of more than $1,000,000 principal amount of the 2002 Bonds,
by wire transfer.
(d) Subject to the provisions of Section 2.3 hereof,
the 2002 Bonds shall be exchangeable for other 2002 Bonds in
fully registered form, all as provided in Section 3.3 of the
Bond Resolution. The 2002 Bonds may contain such variations,
omissions and insertions as are incidental to such
differences in their numbers, denominations and forms.
(e) The Trustee is hereby appointed as the Registrar
and the Paying Agent for the 2002 Bonds.
SECTION II.2. RedemDtion of 2002 Bonds. The 2002 Bonds
shall not be subject to redemption prior to their stated
maturities.
SECTION II.3. Execution and Form of 2002 Bonds; Book-
Entry-Only System. (a) The 2002 Bonds shall be executed and
authenticated in the manner and with the effect set forth in
Section 3.10 of the Bond Resolution.
(b) The 2002 Bonds shall be issuable in the form,
denominations and maturities and with the interest rates
specified in, or determined in accordance with the provisions
of, Section 2.1 of this Seventh Supplemental Bond Resolution.
(c) CUSIP identification numbers shall be printed on
the 2002 Bonds, but such numbers shall not be deemed to be a
part of the 2002 Bonds or a part of the contract evidenced
thereby and no liability shall hereafter attach to the County
or any of the officers or agents thereof because of or on
account of such CUSIP identification numbers.
(d) The 2002 Bonds shall be issued, upon initial
issuance, in fully registered form and registered in the name
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04-24-02
of Cede & Co., as nominee of The Depository Trust Company,
New York, New York ("DTC"), as registered owner of the 2002
Bonds, and immobilized in the custody of DTC. One fully
registered 2002 Bond for the principal amount of each
maturity shall be registered to Cede & Co. Beneficial owners
of 2002 Bonds shall not receive physical delivery of 2002
Bonds. Individual purchases of 2002 Bonds may be made in
book-entry form only in principal amounts of $5,000 and
integral multiples thereof. Principal and interest payments
on the 2002 Bonds shall be made by wire transfer to DTC or
its nominee as registered owner of such 2002 Bonds on the
applicable payment date.
Transfers of principal and interest payments to the
participants of DTC, which include securities brokers and
dealers, banks, trust companies, clearing corporations and
certain other organizations (the "Participants") shall be the
responsibility of DTC. Transfers of principal and interest
payments to beneficial owners of the 2002 Bonds by the
Participants is the responsibility of the Participants and
other nominees of such beneficial owners. The Trustee shall
notify DTC of any notice required to be given pursuant to the
Bond Resolution, as supplemented by this Seventh Supplemental
Bond Resolution, not less than fifteen (15) calendar days
prior to the date upon which such notice is required to be
given; provided that the failure to provide such notice to
DTC shall not invalidate any action taken or notice given by
the Trustee hereunder.
Transfers of ownership interests in the 2002 Bonds shall
be made by DTC and its Participants, acting as nominees of
the beneficial owners of the 2002 Bonds, in accordance with
rules specified by DTC and its Participants. The Trustee
makes no assurances that DTC, its Participants or other
nominees of the beneficial owners of the 2002 Bonds shall act
in accordance with such rules or on a timely basis.
(e) Replacement 2002 Bonds (the "Replacement 2002
Bonds") shall be issued directly to beneficial owners of 2002
Bonds rather than to DTC, or its nominee, but only in the
event that:
(i) DTC determines not to continue to act as
securities depository for the 2002 Bonds; or
(ii) The Trustee has advised DTC of its
determination that DTC is incapable of discharging its
duties; or
(iii) The Trustee has determined that it is in
the best interest of the beneficial owners of the 2002
Bonds not to continue the book-entry system of transfer.
Upon occurrence of the events described in clause (i) or (ii)
above the Trustee shall attempt to locate another qualified
securities depository. If the Trustee fails to locate
another qualified securities depository to replace DTC, the
Trustee shall execute and deliver Replacement 2002 Bonds
substantially in the form set forth in Exhibit A attached
hereto to the Participants. In the event the Trustee makes
the determination noted in clause (ii) or (iii) above (the
Trustee undertakes no obligation to make any investigation to
determine the occurrence of any events that would permit the
Trustee to make any such determination) and has made
provisions to notify the beneficial owners of 2002 Bonds by
mailing an appropriate notice to DTC, the Trustee shall
execute and deliver Replacement 2002 Bonds substantially in
the form set forth in Exhibit A attached hereto to any
Participants making a request for such Replacement 2002
Bonds. The Trustee shall be entitled to rely on the records
provided by DTC as to the Participants entitled to receive
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Replacement 2002 Bonds. Principal of and interest on the
Replacement 2002 Bonds shall be payable as provided in
Section 2.1(c) hereof, and such Replacement 2002 Bonds will
be transferable and exchangeable in accordance with Sections
3.3 through 3.6, inclusive, of the Bond Resolution.
(f) The 2002 Bonds shall be in substantially the form
set forth in Exhibit A attached hereto.
SECTION II.4. Approval of Form of Escrow Deposit
Aqreement and Terms, Conditions and Provisions Thereof;
Execution and Delivery of Escrow Deposit Aqree~ent;
Appointment of Escrow Aqent; Authorization of Subscriptions
for SLGS; Desiqnation of Refunded Bonds for Redemption. (a)
The form of the Escrow Deposit Agreement presented to and
filed with the minutes of the meeting of the Board at which
this Seventh Supplemental Bond Resolution is being adopted,
and the terms, conditions and provisions thereof, are hereby
approved, ratified and confirmed by the Board, and the County
Administrator is hereby authorized and directed to execute
and deliver to the Escrow Agent the Escrow Deposit Agreement
in such form, together with such changes as shall be approved
by the County Administrator upo~n the advice of counsel
(including the County Attorney and Bond Counsel), such
approval to be conclusively evidenced by their execution
thereof. The Trustee is hereby authorized and directed to
withdraw from the Debt Service Fund and the Debt Service
Reserve Fund and to transfer to the Escrow Agent for deposit
into the Escrow Deposit Fund the amounts required to be
deposited therein from sources other than proceeds of the
2002 Bonds.
(b) The appointment of The Bank of New York, New York,
New York, as Escrow Agent under the Escrow Deposit Agreement
is hereby approved, ratified and confirmed by the Board.
(c) The County Administrator is hereby authorized to
execute, on behalf of the County, initial and final
subscriptions for United States Treasury Obligations - State
and Local Government Series, if such are to be purchased by
the Escrow Agent from moneys deposited in the 2002 Escrow
Deposit Fund created and established under the Escrow Deposit
Agreement. Any United States Treasury Obligations - State
and Local Government Series purchased from moneys deposited
in the 2002 Escrow Deposit Fund shall be held by the Escrow
Agent under and in accordance with the provisions of the
Escrow Deposit Agreement. The County Administrator is hereby
authorized to execute, on behalf of the County, the
instruments required to be executed on behalf of the County
in connection with the other investments contemplated by the
Escrow Deposit Agreement.
(d) The Board hereby designates the Refunded Bonds for
redemption on November 1, 2002 in accordance with the
provisions of Section 8 of the Escrow Deposit Agreement.
SECTION II.5. Preparation and Distributi~ of
Preliminary Official Statement and Preparation, Executign and
Delivery of Official Statement; Preliminary Official
Statement '~Deemed Final" for Purposes of Rule 15c2-12 gf the
Securities and Exchanqe Commission. (a) The County
Administrator and other appropriate officials and employees
of the County are hereby authorized and directed to prepare
and distribute or disseminate, or cause to be prepared and
distributed or disseminated, to prospective purchasers of the
2002 Bonds a Preliminary Official Statement relating to the
2002 Bonds (the ,,Preliminary Official Statement"), such
Preliminary Official Statement to be in substantially the
form presented to and filed with the minutes of the meeting
of the Board at which this Seventh Supplemental Bond
Resolution is being adopted. All actions taken by the
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04-24-02
officials, employees, agents and attorneys of the County with
respect to the preparation and distribution or dissemination
of such Preliminary Official Statement prior to the date
hereof are hereby approved, ratified and confirmed.
(b) The County Administrator and other appropriate
officials and employees of the County are hereby authorized
and directed to prepare, or to cause to be prepared, an
Official Statement relating to the 2002 Bonds (the "Official
Statement"), such Official Statement to be in substantially
the form of the Preliminary Official Statement with the
completion therein of the information with respect to the
interest rates to be borne by the 2002 Bonds as specified by
the successful bidder for the 2002 Bonds and other definitive
details of the 2002 Bonds determined upon the sale of the
2002 Bonds to the successful bidder therefor.
(c) The County Administrator is hereby authorized to
execute and deliver to the representative of the purchasers
of the 2002 Bonds the Official Statement relating to the 2002
Bonds in accordance with the provisions of the Detailed
Notice of Sale relating to the 2002 Bonds.
(d) The Preliminary Official Statement shall be "deemed
final" as of its date for purposes of Rule 15c2-12
promulgated by the Securities and Exchange Commission
pursuant to the Securities Exchange Act of 1934 ("Rule
15c2-12") except for the omission of certain information
permitted to be omitted by Rule 15c2-12. The County
Administrator is hereby authorized to execute and deliver to
the representative of the purchasers of the 2002 Bonds a
certificate dated the date of the Preliminary Official
Statement stating that the Preliminary Official Statement is
"deemed final" as of its date by the County for purposes of
Rule 15c2-12.
SECTION 2.6. Sale of 2002 Bonds. (a) There is hereby
delegated to the County Administrator authority, without
further action by the Board, to sell the 2002 Bonds
authorized for issuance under this Seventh Supplemental Bond
Resolution in accordance with the provisions hereof at
competitive sale at not less than 99% of the principal amount
thereof, plus accrued interest thereon from May 15, 2002 and
payment therefor, and on such other terms and conditions as
shall be provided in the Detailed Notice of Sale relating to
the 2002 Bonds. The County Administrator is hereby
authorized to cause to be published and distributed a
Detailed Notice of Sale relating to the 2002 Bonds in such
form and containing such terms and conditions as he may deem
advisable, subject to the provisions hereof. In lieu of
publishing the full text of the Detailed Notice of Sale
relating to the 2002 Bonds in accordance with the provisions
of the immediately preceding sentence, the County
Administrator is hereby authorized to cause a Summary Notice
of Sale of the 2002 Bonds in such form as the County
Administrator shall approve to be published in The Bond Buyer
on a date selected by the County Administrator and is hereby
further authorized to cause to be prepared and distributed a
Detailed Notice of Sale relating to the 2002 Bonds, such
Detailed Notice of Sale to be in substantially the form set
forth in Appendix H to the Preliminary Official Statement
relating to the 2002 Bonds presented to the meeting at which
this Seventh Supplemental Bond Resolution is being adopted.
(b) The County Administrator is hereby authorized to
receive bids for the purchase of the 2002 Bonds and, without
further action by the Board, to accept the bid offering to
purchase the 2002 Bonds at the lowest true interest cost to
the County, computed in accordance with the provisions of the
Detailed Notice of Sale; provided (i) that such bid is
accompanied by a surety bond meeting the conditions specified
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04 -24-02
in the Detailed Notice of Sale relating to the 2002 Bonds and
is otherwise in conformity with such Detailed Notice of Sale;
and (ii) the true interest cost to the County as specified in
such bid is not in excess of six percent (6.00%).
(c) The County Administrator, the Director of
Accounting and the County Attorney are hereby authorized to
execute and deliver to the purchasers of the 2002 Bonds one
or more certificates in the forms provided for in the
Official Statement relating to the 2002 Bonds.
SECTION 2.7. Application of Proceeds of 2002 Bonds.
The proceeds of sale of the 2002 Bonds received by the
County, together with other available moneys of the County,
shall be applied as follows:
(a) an amount equal to the accrued interest on the
2002 Bonds from their date to the date of the delivery
thereof and payment therefor shall be deposited with the
Trustee in the Debt Service Fund in accordance with the
provisions of the Bond Resolution and applied on
November 1, 2002 to the payment of the interest payable
on the 2002 Bonds on such date;
(b) an amount, less other available moneys in the
Debt Service Reserve Fund, equal to the Debt Service
Reserve Requirement for the 2002 Bonds shall be
deposited with the Trustee in the Debt Service Reserve
Fund in accordance with the provisions of the Bond
Resolution and Section 2.11 of this Seventh Supplemental
Bond Resolution;
<c) the amount required to be deposited into the
Escrow Deposit Fund to provide for the refunding in
advance of their stated maturities and defeasance of the
Refunded Bonds, including an amount equal to the
interest payable on such Refunded Bonds on November 1,
2002, shall be deposited with the Escrow Agent under the
Escrow Deposit Agreement and applied, together with
other available moneys of the County so deposited
thereunder, as provided therein; and
(d) the balance of the proceeds of the 2002 Bonds
shall be deposited with the Treasurer of the County and
applied to the payment of the costs of issuance of the
2002 Bonds.
In connection with the issuance and delivery of the 2002
Bonds, there may also be paid from the proceeds of the 2002
Bonds or other available moneys of the County, including
moneys held by the Trustee under the Bond Resolution, such
amount as shall be required to be paid to First Union
National Bank, as the Provider (the "Provider"), under the
Debt Service and Debt Service Reserve Forward Delivery
Agreement, dated as of March 16, 2001 (the "Forward Delivery
Agreement"), by and between the Trustee and the Provider, to
have the Forward Delivery Agreement continue in effect and to
apply to the 2002 Bonds.
SECTION 2.8. Investment of Funds and Accounts Under the
Bond Resolution. In accordance with Section 5.11(c) (ii) of
the Bond Resolution, it is hereby provided that all income or
interest earned and gains realized in excess of losses
suffered by a Fund or Account held by the Trustee or the
Treasurer under the Bond Resolution and allocable to the 2002
Bonds due to the investment thereof shall be deposited into
the Rebate Fund to the extent required to enable the County
to comply with the arbitrage rebate requirements of the 1986
Code and, after any such deposit into the Rebate Fund, into
the Revenue Fund as Revenues of the System.
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04-24-02
SECTION 2.9. Conditions Precedent to Delivery of 2002
Bonds. In compliance with the conditions precedent to the
delivery of the 2002 Bonds prescribed in Sections 2.4 and 2.5
of the Bond Resolution, the 2002 Bonds shall be delivered
only upon receipt by the Trustee of:
(a) a copy of this Seventh Supplemental Bond Resolution
authorizing the 2002 Bonds, certified by the Clerk of the
Board or an Authorized Officer of the County, by which or
pursuant to which the terms of the 2002 Bonds are specified,
which Seventh Supplemental Bond Resolution contains findings
and determinations of the Board that no default exists in the
payment of the principal of or interest and premium, if any,
on any Bond, and that all mandatory redemptions, if any, of
Bonds required to have been made under the terms the Bond
Resolution or any Supplemental Resolution shall have been
made;
(b) a Bond Counsel's Opinion to the effect that (i)
this Seventh Supplemental Bond Resolution has been duly and
lawfully adopted and is in full force and effect; (ii) the
Bond Resolution has been duly and lawfully adopted by the
County and is valid and binding upon, and enforceable
against, the County (except to the extent that the
enforceability thereof may be subject to judicial discretion,
to the exercise of the sovereign police powers of the
Commonwealth of Virginia and the constitutional powers of the
United States of America and to valid bankruptcy, insolvency,
reorganization, moratorium and other laws affecting the
relief of debtors); (iii) the Bond Resolution creates the
valid pledge which it purports to create of the Revenues and
of moneys and securities on deposit in any of the Funds
established under the hereunder and thereunder subject to the
application thereof to the purposes and on the conditions
permitted by the Bond Resolution; and (iv) upon the execution
and delivery thereof, the 2002 Bonds will have been duly and
validly authorized and issued in accordance with the Bond
Resolution;
(c) a written order as to the delivery of the 2002
Bonds and the application of the 2002 Bond proceeds, signed
by an Authorized Officer of the County;
(d) a Certificate of the Director of Budget and
Management that the 2002 Bonds are issued in compliance with
the provisions of Section 7.11(c) of the Bond Resolution,
which Certificate shall be accompanied by an Accountant's
Certificate confirming the calculations set forth in such
Certificate of the Director of Budget and Management with
respect to the amounts of Revenues, Operating Expenses, Debt
Service and Debt Service/Additional Bonds; and
(e) in satisfaction of the requirements of Section 2.5
of the Bond Resolution, an executed original of the Escrow
Deposit Agreement, which contains instructions as to the
payment of redemption of the Refunded Bonds, together with
instructions as to the giving of notice of redemption of the
Refunded Bonds.
SECTION 2.10. Covenant as to Compliance with 1986 Cod~.
The County hereby covenants and agrees to comply with the
provisions of Sections 103 and 141-150 of the 1986 Code
applicable to the 2002 Bonds throughout the term of the 2002
Bonds.
SECTION 2.11. Creation of 2002 Debt Service Reserve
Account in Debt Service Reserve Fund. There is hereby
created and established in the Debt Service Reserve Fund held
by the Trustee an account designated as the "2002 Debt
Service Reserve Account" From the proceeds of the 2002
Bonds required to be deposited into the Debt Service Reserve
02 -317
04 -24-02
Fund pursuant to Section 2.7(b) hereof and other available
moneys in the Debt Service Reserve Fund, there shall be
credited to the 2002 Debt Service Reserve Account an amount
equal to the Debt Service Reserve Requirement for the 2002
Bonds, the same being an amount equal to the lesser of (i)
ten percent (10%) of the proceeds of the 2002 Bonds; and (ii)
the maximum amount payable in any current or future Fiscal
Year for the payment of Debt Service on the 2002 Bonds. The
2002 Debt Service Reserve Account shall be available only to
pay Debt Service on the 2002 Bonds.
SECTION 2.12. Approval of Form of Continuinq Disclosure
Aqreement and Terms, Conditions and Provisions Thereof;
Execution and Delivery of Continuinq Disclosure Aqreement;
Covenant with Bondholders. The form of the Continuing
Disclosure Agreement presented to and filed with the minutes
of the Board at which this Seventh Supplemental Bond
Resolution is being adopted, a copy of such form of which is
set forth in Appendix F to the Preliminary Official Statement
presented to and filed with the minutes of the meeting at
which this Seventh Supplemental Bond Resolution is being
adopted, and the terms, conditions and provisions thereof,
are hereby approved, ratified and confirmed by the Board, and
the County Administrator is hereby authorized and directed to
execute and deliver to the Trustee the Continuing Disclosure
Agreement in such form, together with such changes as shall
be approved by the County Administrator, upon the advice of
counsel (including the County Attorney and Bond Counsel),
such approval to be conclusively evidenced by his execution
thereof. The County covenants with the holders from time to
time of the 2002 Bonds that it will, and hereby authorizes
the appropriate officers and employees of the County to take
all action necessary or appropriate to, comply with and carry
out all of the provisions of the Continuing Disclosure
Agreement, as the same may be amended from time to time.
Notwithstanding any other provision of the Bond Resolution,
failure of the County or the Trustee to perform in accordance
with the Continuing Disclosure Agreement shall not constitute
a default or an Event of Default, and the rights and remedies
provided by the Bond Resolution upon the occurrence of a
default or an Event of Default shall not apply to any such
failure, but the Continuing Disclosure Agreement may be
enforced only as provided therein.
ARTICLE III
MISCELLANEOUS
Section III.1. Seventh Supplemental Bond Resolution is
a ~Supplemental Resolution" Under the Bond Resolution; 2002
Bonds Are ~'Bonds" Under the Bond Resolution. (a) This
Seventh Supplemental Bond Resolution is adopted pursuant to
Sections 2.4 and 2.5 and Article VIII of the Bond Resolution.
This Seventh Supplemental Bond Resolution (1) supplements the
Bond Resolution; (2) is hereby found, determined and declared
to constitute and to be a "Supplemental Resolution" within
the meaning of the quoted words as defined and used in the
Bond Resolution; and (3) is adopted pursuant to and under the
authority of the Bond Resolution.
(b) The 2002 Bonds are hereby found, determined and
declared to constitute and to be "Bonds" within the meaning
of the quoted words as defined and used in the Bond
Resolution. The 2002 Bonds shall be entitled to the
benefits, security and protection of the Bond Resolution,
equally and proportionately with any other Bonds heretofore
or hereafter issued thereunder; shall be payable from the
Revenues on a parity with all Bonds heretofore or hereafter
issued under the Bond Resolution; shall rank pari passu with
all Bonds heretofore or hereafter issued under the Bond
02-318
04-24-02
Resolution; and shall be equally and ratably secured with all
Bonds heretofore or hereafter issued under the Bond
Resolution by a prior and paramount lien and charge on the
Revenues, without priority or distinction by reason of
series, number, date, date of sale, date of issuance, date of
execution and authentication or date of delivery; all as is
more fully set forth in the Bond Resolution. It is hereby
further found, determined and declared that no default exists
in the payment of the principal of or interest and premium,
if any, on any Bond issued under the Bond Resolution and that
all mandatory redemptions, if any, of Bonds required to have
been made under the terms of the Bond Resolution or any
Supplemental Resolution have been made.
SECTION III.2. Filinq of this Seventh Supplemental Bond
Resolution with Circuit Court. The County Attorney be and
hereby is authorized and directed to file a copy of this
Seventh Supplemental Bond Resolution, certified by the Clerk
of the Board to be a true and correct copy thereof, with the
Circuit Court of the County of Chesterfield, Virginia, in
accordance with the provisions of Section 15.2-2607 of the
Code of Virginia, 1950.
SECTION III.3. Effect of Article and Section Headinqs
and Table of Contents. The headings or titles of articles
and sections hereof, and any table of contents appended
hereto or copies hereof, shall be for convenience of
reference only and shall not affect the meaning or
construction, interpretation or effect of this Seventh
Supplemental Bond Resolution.
SECTION III.4. Effectiveness of This Seventh
Supplemental Bond Resolution. This Seventh Supplemental Bond
Resolution shall be effective from and after the adoption
hereof by the Board.
EXHIBIT A
(FORM OF BOND)
REGISTERED
No. R-
UNITED STATES OF AMERICA
COMMONWEALTH OF VIRGINIA
COUNTY OF CHESTERFIELD
WATER AND SEWER REVENUE REFUNDING BOND,
SERIES 2002
REGISTERED
INTEREST 1A4.TE: MATURITY DATE:
DATE OF BOND: CUSIP NO.'
% NOVEMBER 1,
MAY 15, 2002 166409
REGISTERED HOLDER: CEDE & CO.
PRINCIPAL SUM:
DOLLARS
The County of Chesterfield (hereinafter referred to as
the "County"), a political subdivision of the Commonwealth of
Virginia, for value received, hereby acknowledges itself
indebted and hereby promises to pay to the Registered Holder
(named above), or registered assigns, but solely from the
Revenues and moneys pledged to the payment hereof hereinafter
specified and not otherwise, on the Maturity Date (specified
above), the Principal Sum (specified above), and to pay
interest on such Principal Sum, but solely from such Revenues
02 -319
04 -24-02
and moneys pledged to the payment hereof hereinafter
specified and not otherwise, on November 1, 2002 and
semiannually on May 1 and November 1 of each year thereafter
(each such date is hereinafter referred to as an "interest
payment date"), from the date hereof or from the interest
payment date next preceding the date of authentication hereof
to which interest shall have been paid, unless such date of
authentication is an interest payment date, in which case
from such interest payment date, or unless such date of
authentication is within the period from the sixteenth (16th)
day to the last day of the calendar month next preceding the
following interest payment date, in which case from such
following interest payment date, such interest to be paid
until the maturity hereof at the Interest Rate (specified
above) per annum, by check or draft mailed (or, upon the
request of the Registered Holder of more than $1,000,000
principal amount of the Bonds of the Series of Bonds of which
this Bond is one, by wire transfer) by the Registrar
hereinafter mentioned to the Registered Holder in whose name
this Bond is registered upon the books of registry of the
County kept by the Registrar as of the close of business on
the fifteenth (15th) day (whether or not a business day) of
the calendar month next preceding each interest payment date
at the address of the Registered Holder hereof as it appears
on such books of registry.
The principal of this Bond are payable on presentation
and surrender hereof at the principal office of The Bank of
New York, New York, New York, as Registrar, in New York, New
York. Both principal of and interest on this Bond are
payable in such coin or currency of the United States of
America as at the respective dates of payment thereof is
legal tender for public and private debts.
This Bond is one of a duly authorized Series of Bonds
(herein referred to as the "Bonds") of the aggregate
principal amount of Dollars
($ ) of like date, denomination and tenor herewith
except for number, interest rate and maturity provisions, and
is issued under and pursuant to and in full compliance with
the Constitution and statutes of the Commonwealth of
Virginia, including Chapter 26 of Title 15.2 of the Code of
Virginia, 1950 (the same being the Public Finance Act of
1991), a resolution duly adopted on July 24, 1985 by the
Board of Supervisors of the County, entitled "RESOLUTION OF
THE BOARD OF SUPERVISORS OF THE COUNTY OF CHESTERFIELD,
VIRGINIA, AUTHORIZING THE ISSUANCE OF WATER AND SEWER REVENUE
BONDS OF THE COUNTY OF CHESTERFIELD, VIRGINIA, AND PROVIDING
FOR THE SECURITY OF THE HOLDERS THEREOF" and a resolution
duly adopted by such Board on April 24, 2002, entitled
"SEVENTH SUPPLEMENTAL BOND RESOLUTION AUTHORIZING AND
PROVIDING FOR THE ISSUANCE, SALE AND DELIVERY OF NOT TO
EXCEED $10,000,000 AGGREGATE PRINCIPAL AMOUNT OF WATER AND
SEWER REVENUE REFUNDING BONDS, SERIES 2002, OF THE cOUNTY OF
CHESTERFIELD, VIRGINIA, AND DELEGATING TO THE COUNTY
ADMINISTRATOR CERTAIN POWERS WITH RESPECT THERETO" (such
resolutions being herein referred to collectively as the
"Bond Resolution").
The Bonds are issued to finance the costs of refunding a
portion of the Water and Sewer Revenue Refunding Bonds,
Series 1992, of the County. The Bonds and the interest
thereon are payable solely from, and secured equally and
ratably with other bonds iwhich may have heretofore been
issued or may hereafter be issued on a parity therewith under
the Bond Resolution outstanding from time to time solely by a
lien and charge on, the Revenues (as defined in the Bond
Resolution) derived from thle operation of the County's water
and sewer system (the "System"), subject to the prior payment
from such Revenues of the Operating Expenses of the System,
and from moneys held in the funds and accounts created and
02-320
04-24-02
established under the Bond Resolution pledged to the payment
thereof. The Bond Resolution provides that the bonds issued
thereunder shall not be deemed to constitute full faith and
credit general obligations of the County for which there is a
right to compel the exercise of the ad valorem taxing power
of the County.
Reference is hereby made to the Bond Resolution, to all
of the provisions of which any Registered Holder of this Bond
by his acceptance hereof hereby assents, for definitions of
terms; the description of and the nature and extent of the
security for the bonds issued under the Bond Resolution,
including this Bond; the description of the System; the
description of the Revenues and the moneys held in the funds
and accounts created and established under the Bond
Resolution pledged to the payment of the interest on and
principal of the bonds issued under the Bond Resolution,
including this Bond; the nature and extent and manner of
enforcement of the pledge; the covenants of the County as to
the fixing, establishing, maintaining and revising of rates
and charges for the provision and sale of water and sewer
services of the System; the covenants of the County as to the
collection, deposit and application of the Revenues of the
System; the conditions upon which other bonds may hereafter
be issued under the Bond Resolution payable on a parity with
this Bond from the Revenues of the System and equally and
ratably secured herewith; the rights, duties and obligations
of the County; the provisions discharging the Bond Resolution
as to this Bond and the lien and pledge of this Bond on the
Revenues of the System if there shall have been deposited in
accordance with the provisions of the Bond Resolution on or
before the maturity hereof moneys sufficient to pay the
principal hereof and the interest hereon to the maturity date
hereof, or certain specified securities maturing at such
times and in such amounts which, together with the earnings
thereon, would be sufficient for such payment, or a
combination of both such moneys and securities; and for the
other terms and provisions of the Bond Resolution.
The Bonds of the Series of which this Bond is one are
not subject to redemption prior to their stated maturities.
Subject to the limitations and upon payment of the
charges, if any, provided in the proceedings authorizing the
Bonds of the Series of which this Bond is one, this Bond may
be exchanged at the principal office of the Registrar for a
like aggregate principal amount of Bonds of other authorized
principal amounts and of the Series of which this Bond is
one. This Bond is transferable by the Registered Holder
hereof, in person or by his attorney duly authorized in
writing, at the principal office of the Registrar but only in
the manner, subject to the limitations and upon payment of
the charges, if any, provided in the proceedings authorizing
the Bonds of the Series of which this Bond is one, and upon
the surrender hereof for cancellation. Upon such transfer a
new Bond or Bonds of authorized denominations and of the same
aggregate principal amount of the Series of which this Bond
is one will be issued to the transferee in exchange herefor.
This Bond shall not be valid or obligatory unless the
certificate of authentication hereon shall have been manually
signed by an authorized signator of the Registrar.
It is hereby certified, recited and declared that all
acts, conditions and things required to have happened, to
exist and to have been performed precedent to and in the
issuance of this Bond and the Series of which it is one, have
happened, do exist and have been performed in regular and due
time, form and manner as required by law, and that the Bonds
of the Series of which this Bond is one do not exceed any
constitutional or statutory limitation of indebtedness.
02 -321
04-24-02
IN WITNESS WHEREOF, the County, by its Board of
Supervisors, has caused this Bond to be signed by the
Chairman and the Clerk of such Board, by their manual or
facsimile signatures, and the seal of the County to be
impressed or imprinted hereon, and this Bond to be dated May
15, 2002.
[SEAL]
Clerk of the Board of
Supervisors
Chairman of the
Board of Supervisors
CERTIFICATE OF AUTHENTICATION
This Bond is one of the Bonds delivered pursuant to the
within-mentioned proceedings.
THE BANK OF NEW YORK, as Registrar
By:
Authorized Signature
Dated:
ASSIGNMENT
For value received, the undersigned hereby sell(s), assign(s)
and transfer(s) unto
(Please print or type name and address, including postal zip
code, of transferee)
PLEASE INSERT SOCIAL SECURITY
OR OTHER TAX IDENTIFYING NI3MBER
OF TRANSFEREE:
the within Bond and all rights thereunder, and hereby
irrevocably constitutes and appoints
, attorney, to transfer such Bond
on the books kept for the registration thereof, with full
power of substitution in the premises.
Dated:
Signature(s) Guaranteed
NOTICE: Signature(s) must be guaranteed by a member firm of
The New York Stock Exchange, Inc. or a commercial bank or
trust company.
(Signature(s) of Registered Owner)
!02-322
04-24-02
NOTICE: The signature(s) above must correspond with the name
of the Registered Owner as it appears on the front of this
Bond in every particular, without alteration or enlargement
or any change whatsoever.
And, further, the Board set the date of May 22, 2002 at 7:00
p.m. for a public hearing to consider the appropriation of
not to exceed $10,000,000 of Water and Sewer Revenue
Refunding Bonds, Series 2002 and related costs of issuance.
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
8.C.16. TRANSFER OF FUNDS FROM RESERVE FOR FUTURE CAPITAL
PROJECTS FOR SETTLEMENT OF ROUTE 10 WIDENING
CONDEMNATION LAWSUIT
On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board
transferred $250,000 from the Reserve for Future Capital
Projects to fund the settlement of the Route 10 widening
condemnation lawsuit.
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
8.C.17. TRANSFER OF DISTRICT IMPROVEMENT FUNDS FROM THE
BERMUDA AND MATOACA DISTRICT IMPROVEMENT FUNDS TO
THE SCHOOL BOARD TO PURCHASE A SIGN NAMING THE
THOMAS DALE HIGH SCHOOL SOFTBALL FIELD FOR THELMA
WILLIAMS HEVENER
On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board
transferred $517.50 from the Bermuda District Improvement
Fund and $517.50 from the Matoaca District Improvement Fund
(total of $1,035) to the School Board for purchasing a sign
naming the Thomas Dale High School softball field for Thelma
Williams Hevener.
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
8.C.18. SET DATE FOR PUBLIC HEARING TO CONSIDER AMENDING
COUNTY POLICY REGARDING CRIMINAL BACKGROUND CHECKS
FOR COACHES OF CO-SPONSORED GROUPS
On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board
set the date of May 22, 2002 at 7:00 p.m. for a public
hearing to consider amending the county policy regarding
criminal background checks for coaches of co-sponsored
groups.
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
The following item was removed from the Consent Agenda for
Board discussion:
8.C.9. AUTHORIZATION TO DECLARE THREE PARCELS OF LAND
SURPLUS AND OFFER THE PROPERTY FOR SALE
Mrs. Humphrey inquired about the value of the parcels of land
proposed to be sold.
02-323
04-24-02
Mr. Harmon stated that he is not aware of the assessed value
of the parcels. He further stated that sealed bids may be
solicited for the sale of the property, and indicated that if
the bids are low, staff would recommend to the Board that the
bids be rejected.
On motion of Mr. McHale, seconded by Mr. Warren, the Board
declared three parcels of land containing 3.064 acres
surplus, and offered the property for sale. (It is noted a
copy of the plat is filed with the papers of this Board.)
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
9. HEARINGS OF CITIZENS ON UNSCHEDULED MATTERS OR CLAIMS
There were no hearings of citizens on unscheduled matters or
claims at this time.
10. REPORTS
On motion of Mr. McHale, seconded by Mr. Warren, the Board
accepted the following reports:
A report on Developer Water and Sewer Contracts; and a Status
Report on the General Fund Balance, Reserve for Future
Capital Projects, District Improvement Funds and Lease
Purchases.
And, further, the following roads were accepted into the
State Secondary System:
ADDITION LENGTH
BEECHWOOD FOREST, SECTION 3
(Effective 3/11/02)
Eagle Pass Drive (Route 4607) - From Hunters
Hawk Drive (Route 4524) to .26 mile south of
Hunters Hawk Drive (Route 4524)
0.26 Mi
Hunters Hawk Drive (Route 4524) - From Bundle.
Road (Route 654) to 0.01 mile west of Hunters
Hawk Court (Route 4525)
Hunters Hawk Drive (Route 4524) - From .01 mile
East of Beechwood Forest Drive (Route 4526) to
Eagle Pass Drive (Route 4607)
0.10 Mi
0.17 Mi
HAMPTON PARK, SECTION 6
(Effective 3/22/02)
Hampton Glen Lane (Route 5245) - From Otterdale
Road (Route 667) to Hampton Glen Mews (Route
5278)
0.05 Mi
Hampton Glen Lane (Route 5245) - From Hampton
Glen Mews (Route 5278) to 0.02 mile west of
Hampton Glen Mews (Route 5278)
Hampton Glen Mews (Route 5278) - From Hampton
Glen Lane (Route 5245) to Cul-de-sac
0.02 Mi
0.06 Mi
HUNTER'S GREEN, SECTION B
(Effective 3/20/02)
Hunter's Trail Road (Route 4534) - From White
Fawn Drive (Route 1363) to Trumpeter Road
(Route 4547)
0.14 Mi
i02-324
04-24-02
Hunter's Trail Road (Route 4534) - From Trumpeter
Road (Route 4547) to Cul-de-sac
0.07 Mi
Trumpeter Road (Route 4547) - From Hunter's
Trail Road (Route 4534) to Trumpeter Run
Court (Route 4548)
0.07 Mi
Trumpeter Road (Route 4547) - From Trumpeter
Run Court (Route 4548) to River Road (Route 602)
0.11 Mi
Trumpeter Run Court (Route 4548) - From
Trumpeter Road (Route 4547) to Cul-de-sac
O.09 Mi
Trumpeter Run Place (Route 4549) - From
Trumpeter Road (Route 4547) to Cul-de-sac
0.07 Mi
JESSUP FARMS, SECTION C
(Effective 3/29/02)
Brambleton Road (Route 3169) - From Hackney
Road (Route 2326) to .09 mile west of Hackney
Road (Route 2326)
0.09 Mi
Hackney Road (Route 2326) - From Hackney Road
East/West Loop South Intersection to Hackney
Trail (Route 4619)
0.08 Mi
Hackney Road (Route 2326) - From Hackney Road
East/West Loop North Intersection to Hackney
Road East/West Loop South Intersection
0.02 Mi
Hackney Road (Route 2326) - From Brambleton
Road (Route 3169) to .01 mile south of Brambleton
Road (Route 3169)
0.01 Mi
Hackney Road (Route 2326) - From .05 mile south
of Intersection Hackney Court and Hackney Place
(Route 2328) to Hackney Road East/West Loop
North Intersection
0.01 Mi
Hackney Road (Route 2326) - From Hackney Terrace
(Route 4619) to Brambleton Road (Route 3169)
0.06 Mi
*Hackney Road (East Loop) (Route 4639) - From
Hackney Road (Route 2326) to Hackney Road
(Route 2326)
0.02 Mi
*Hackney Road (West Loop) (Route 4604) - From
Hackney Road (Route 2326) to Hackney Road
(Route 2326)
0.02 Mi
Hackney Terrace (Route 4619) - From Hackney
Road (Route 2326) to Cul-de-sac
0.04 Mi
*NOTE: After the Board of Supervisors approved state road
acceptances on February 13, 2002, the Virginia Department of
Transportation changed the route numbers for the Hackney Road
(East Loop) and Hackney Road (West Loop) from Route 2326 to
Route 4639 and 4604 respectively because curb and road
resulted in separate road alignment in loops.
MEMPHIS BOULEVARD
(Effective 3/22/02)
Memphis Boulevard (Route 936) - From .07 mile
northwest of Hull Street Road (Route 360) to
.20 mile northwest of Hull Street Road (Route 360)
Memphis Boulevard (Route 936) - From Hull Street
Road (Route 360) to .07 mile northwest of Hull
Street Road (Route 360)
02 -325
0.13 Mi
0.07 Mi
04-24-02
SALISBURY HATFIELD, SECTION 5
(Effective 3/15/02)
Kenmont Drive (Route 3788) - From Helmsley Road
(Route 3796) to Cul-de-sac
Sarum Terrace (Route 4623) - From Helmsley Road
(Route 3796) to Cul-de-sac
SECOND BRANCH, SECTION 2
(Effective 3/15/02)
Balta Road (Route 4609) - From Devette Drive
(Route 5236) to 0.01 mile west of Devette Drive
(Route 5236)
Balta Road (Route 4609) - From Devette Drive
(Route 5236) to Cul-de-sac
Devette Drive (Route 5236) - From Devette Place
(Route 5237) to Devette Terrace (Route 4608)
Devette Drive (Route 5236) - From Devette Terrace
(Route 4608) to Balta Road (Route 4609)
Devette Terrace (Route 4608) - From Devette
Drive (Route 5236) to Cul-de-sac
VILLAS @ RIVERS BEND
(Effective 3/20/02)
Villas Court (Route 4579) - From Villas Drive
(Route 4578) to Cul-de-sac
Villas Drive (Route 4578) - From Demaret Drive
(Route 4839) to Villas Court (Route 4579)
Villas Drive (Route 4578) - From Villas Court
(Route 4579) to Cul-de-sac
WOODLAND POND, SECTION 12
(Effective 3/8/02)
Park Bluff Court (Route 4606) - From Timber
Point Drive (Route 3807) to Cul-de-sac
Park Bluff Terrace (Route 4605) - From Timber
Point Drive (Route 3807) to Cul-de-sac
Timber Point Drive (Route 3807) - From Owl
Trace Drive (Route 3806) to Park Bluff Terrace
(Route 4605)
Timber Point Drive (Route 3807) - From Park
Bluff Terrace (Route 4605) to Cul-de-sac
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
11. DINNER i
On motion of Mr. McHale, seconded by Mr. Warren,
recessed to the Administration Building, Room
dinner. ~
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
D2-326
0.20 Mi
0.17 Mi
0.01 Mi
0.12 Mi
0.12 Mi
0.16 Mi
0.12 Mi
0.07 Mi
0.14 Mi
0.03 Mi
0.07 Mi
0.19 Mi
0.13 Mi
0.05 Mi
the Board
502, for
04-24-02
Reconvening:
12. INVOCATION
Reverend David L. Adkins, Sr., Pastor of Saint Mark's United
Methodist Church, gave the invocation.
13. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES
OF AMERICA
Mr. Stith led the Pledge of Allegiance to the flag of the
United States of America.
Mr. Miller congratulated Ms. Elko on
designation of Certified Municipal Clerk.
attaining the
14. RESOLUTIONS AND SPECIAL RECOGNITIONS
14.A. RECOGNIZING MISS LYNDY BROOMFIELD FOR PROVIDING
INVALUABLE RESOURCES FOR COMMUNICATING WITH THE
HEARING IMPAIRED
Mr. Kappel introduced Miss Lyndy Broomfield who was present
to receive the resolution.
On motion of the Board, the following resolution was adopted:
WHEREAS, Miss Lyndy Broomfield is a ten-year-old
resident of the Clover Hill Magisterial District; and
WHEREAS, Miss Broomfield is active in the Girl Scouts;
and
WHEREAS, when looking for a project to complete in order
to earn her bronze award from the Junior Girl Scouts, Miss
Broomfield decided to use her knowledge of American Sign
Language, which she had first acquired while a Brownie; and
WHEREAS, Miss Broomfield resolved to help the county's
Fire and Emergency Medical Services personnel by developing a
medical sign language book they could use to communicate with
the hearing impaired; and
WHEREAS, Miss Broomfield developed a basic sign language
handbook; a medical vocabulary sign language handbook; and a
poster showing various parts of the human body, labeled with
the sign language sign for each part; and
WHEREAS, these informational items are now in use in 22
hospitals throughout Virginia, along with eight nursing
schools and by public safety organizations in Chesterfield
County; and
WHEREAS, Miss Broomfield has fulfilled several speaking
engagements in Virginia, and is a sought-after resource for
callers from as far away as Maine, Colorado and Hong Kong.
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield
County Board of Supervisors publicly recognizes Miss Lyndy
Broomfield, commends her extraordinary inspiration, energy
and commitment, and wishes her continued success in her many
endeavors, including her book contract with Family Life
Books.
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
02-327
04-24-02
Mr. Warren presented the executed resolution to Miss
Broomfield, accompanied by her mother, commended her for
providing such a valuable resource, and wished her future
success.
Miss Broomfield thanked the Board for the recognition in sign
language.
14.B. HONORING THE VIRGINIA STATE UNIVERSITY TROJANETTES
BASKETBALL TEAM
Mr. Stith introduced Ms. Peggy Davis, Coach of the Virginia
State University Trojanettes basketball team, who was present
to receive the resolution.
On motion of the Board, the following resolution was adopted:
WHEREAS, the 2001-2002 Virginia State University
Trojanette basketball team began the season 1-5, but turned
the tide with a 10-game winning streak to finish first in the
CIAA's Eastern Division, along the way compiling a 12-4
conference record in home games; and
WHEREAS, the Trojanettes swept three games in the CIAA
Tournament in Raleigh, North Carolina to capture its first
championship since 1990 and placed three players, sophomore
Ronmia Bess, junior Tiffany Thomas, and Tournament VMP,
junior Becky McKee on the all-tournament team; and
WHEREAS, the team further distinguished itself and
brought esteem to the university by winning the CIAA's John
B. McLendon Sportsmanship Award for its honorable and fair,
yet tenacious play over the course of the season and
tournament; and
WHEREAS, the Trojanettes participated in the NCAA
Division II Women's Basketball Tournament for the first time
in many years, defeating Presbyterian College for the first-
ever victory in the NCAA Tournament for the VSU women's
basketball team, before falling to homestanding and eventual
Mid-Atlantic Regional Champion Mars Hill; and
WHEREAS, the Trojanettes' coach, Peggy Davis, was named
CIAA Coach of the Year and led this team to a sterling 21-10
record with a roster that included only three seniors.
NOW, THEREFORE, BE IT RESOLVED, that the Chesterfield
County Board of Supervisors publicly recognizes the 2001-2002
Virginia State Trojanette basketball team and Coach Peggy
Davis for outstanding representation of Chesterfield County
and commitment to excellence and sportsmanship, and expresses
best wishes for continued success.
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
Mrs. Humphrey presented the executed resolution to Coach
Davis and also to members of the Trojanette basketball team,
congratulated them on an excellent season, and wished them
continued academic and athletic success.
Coach Davis expressed appreciation to Assistant Coach John
Thomas for his dedicationl and to the administration of
Virginia State University for their continued support.
02-328
04-24-02
15.
REQUESTS FOR MOBILE HOME PERMITS AND REZONING PLAC~ ON
THE CONSENT AGENDA TO BE a~2%RD IN THE FOLLOWING ORDER:
- WITHDRAWALS/DEFERRALS - CASES W~mRE THE APPLICANT
ACCEPTS THE RECOMMENDATION AND TW~RE IS NO OPPOSITION
- CASES WHERE THE APPLICANT DOES NOT ACCEPT T~R
RECOMMENDATION AND/OR THERE IS PUBLIC OPPOSITION WILT,
BE HEARD AT SECTION 17
02SN0182
In Bermuda Magisterial District, KENT WESTON requests
rezoning and amendment of zoning district map from Light
Industrial (I-l) to General Business (C-5). The density of
such amendment will be controlled by zoning conditions or
Ordinance standards. The Comprehensive Plan suggests the
property is appropriate for general commercial use. This
request lies on 1.2 acres and is known as 8805 Metro Court.
Tax ID 792-672-6385 (Sheet 18).
Mr. Jacobson presented a summary of Case 02SN0182 and stated
that the Planning Commission and staff recommend approval and
acceptance of the proffered conditions. He noted that the
request conforms to the Jefferson Davis Corridor Plan.
Mr. Kent Weston stated that the recommendation is acceptable.
Mr. Miller called for the public hearing.
No one came forward to speak to the request.
On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board
approved Case 02SN0182 and accepted the following proffered
conditions:
No direct access shall be provided from the property to
Route 1/301. (T)
2. The following C-5 uses shall not be permitted:
Cocktail lounges and night clubs.
Fraternal uses
Liquor stores
Material reclamation, receiving centers -
aluminum, glass, plastic, and paper products
only
Tire recapping and vulcanizing establishments
Fur dressing and dyeing
Linoleum, asphalt-felt base and other hard
surface floor cover manufacturing
Mortician's good manufacturing
Paper recycling by the compaction method
Rectifying and blending of liquors
Wholesaling houses and distributors of alcoholic
beverages
Wine, brandy and brandy spirits manufacturing.
(p)
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
02SN0185
In Bermuda Magisterial District, CHESTER DEVELOPMENT ASSOC.
L.C. requests rezoning and amendment of zoning district map
from Agricultural (A) to Community Business (C-3) plus
Conditional Use Planned Development to permit use and bulk
exceptions. The density of such amendment will be controlled
02 -329
04-24-02
by zoning conditions or Ordinance standards. The
Comprehensive Plan suggests the property is appropriate for
mixed use: neighborhood commercial and multi-family
residential. This request lies on 2.0 acres fronting
approximately 135 feet on the east line of DeLavial Street,
approximately 1,725 feet north of Lee Street. Tax ID 787-
656-9678 (Sheet 26).
Mr. Jacobson presented a summary of Case 02SN0185 and stated
that the Planning Commission and staff recommend approval and
acceptance of the proffered conditions. He noted that the
request conforms to the Chester Villaqe Plan.
Mr. Jim Daniels, representing the applicant, stated that the
recommendation is acceptable.
Mr. Miller called for the public hearing.
No one came forward to speak to the request.
On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board
approved Case 02SN0185 and accepted the following proffered
condition:
The request property shall be subject to the regulations as
outlined for the Residential Neighborhood Tract in the
proffered conditions, conditions and Textual Statement for
Case 95SN0309. (P)
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
02SN0187
In Midlothian Magisterial District, VENTURE CONSTRUCTION
COMPANY requests rezoning and amendment of zoning district
map from Residential (R-7) to Community Business (C-3). The
density of such amendment will be controlled by zoning
conditions or Ordinance standards. The Comprehensive Plan
suggests the property is appropriate for village fringe uses.
This request lies on 2.1 acres fronting approximately 500
feet on the east line of Le Gordon Drive, approximately 325
feet south of Midlothian Turnpike. Tax ID 725-708-Part of
9743 (Sheet 5).
Mr. Jacobson presented a summary of Case 02SN0187 and stated
that the Planning Commission and staff recommend approval and
acceptance of the proffered conditions. He noted that the
request conforms to the Midlothian Area Community Plan.
Mr. Garland Watkins, representing the applicant, stated that
the recommendation is acceptable.
Mr. Miller called for the public hearing.
No one came forward to speak to the request.
After brief discussion, on motion of Mr. Barber, seconded by
Mr. Warren, the Board approved Case 02SN0187 and accepted the
following proffered conditions:
1. The uses permitted Shall be limited to those uses
permitted by right or ~ith restrictions in the Corporate
Office (0-2) districti plus a contractor's office and
display room. No use shall be open to the public between
the hours of 9:00 p.m~ and 6:00 a.m. (NOTE: this shall
not preclude employees from doing office work during
other hours.) (P)
i02-330
, 04-24-02
o
There shall be no outside storage. (p)
With the exception of timbering which has been approved
by the Virginia State Department of Forestry for the
purpose of removing dead or diseased trees, there shall
be no timbering until a land disturbance permit has been
obtained from the Environmental Engineering Department
and the approved devices have been installed. (EE)
In addition to the landscape requirements along Le
Gordon Drive, specific measures shall be provided to
mitigate the impact of development on this neighborhood
access road. These measures include, but not necessarily
be limited to, additional landscaping, architectural
treatment, fences, walls, hedges, berms, etc. The exact
treatment shall be approved at the time of site plan
review. (p)
Direct access from the property to Le Gordon Drive shall
be limited to two (2) entrances/exits. One (1) shall
generally be located towards the northern property line,
and the other access shall generally be located towards
the southern property line. The exact location of these
accesses shall be approved by the Transportation
Department. Prior to any final site plan approval, an
access easement, acceptable to the Transportation
Department, shall be recorded across the property to
provide shared use of the northernmost access with the
adjacent property to the north. (T)
Prior to any final site plan approval, thirty (30) feet
of right-of-way on the east side of Le Gordon Drive,
measured from the centerline of that part of Le Gordon
Drive immediately adjacent to the property, shall be
dedicated, free and unrestricted, to and for the benefit
of Chesterfield County. (T)
o
Prior to the issuance of an occupancy permit, an
additional lane of pavement shall be constructed along
the east side of Le Gordon Drive for the property
included in this request. The developer shall dedicate
to Chesterfield County, free and unrestricted, any
additional right-of-way (or easements) required for this
road improvement. (T)
o
Buildings shall be colonial in design and constructed
primarily of brick veneer. The brick color shall be
generally of a red tone compatible with the development
located at the southwest quadrant of Midlothian Turnpike
and Le Gordon Drive. Elements such as trim shall be
neutral in color and shall be colonial in design.
Buildings shall have pitched roofs with either
architectural dimensional shingles or faux slate. (P)
Development shall be designed to store a ten (10) year
post development storm and release a ten (10) year pre-
development storm. (EE)
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
02SN0202
In Matoaca Magisterial District, C & R REALTY LP AND THE
CHESDIN COMPANY, LLC request Conditional Use and amendment of
zoning district map to permit a golf course use in a
Residential (R-88) District. The density of such amendment
will be controlled by zoning conditions or Ordinance
02 -331
04-24-02
standards. The Comprehensive Plan suggests the property is
appropriate for residential use on 1-5 acre lots. This
request lies on 160 acres fronting approximately 1,250 feet
on the south line of Ivey Mill Road, approximately 2,200 feet
west of Chesdin Landing Drive. Tax IDs 730-630-2225 and 737-
626-0331 (Sheets 38 and 39).
Mr. Jacobson presented a summary of Case 02SN0202 and stated
that the Planning Commission recommended approval and
acceptance of the proffered conditions, provided that the
Board appropriates funds to pave a section of Ivey Mill Road
and the developer commits to paving the balance of Ivey Mill
Road. He further stated that the Board took action at its
afternoon session to appropriate $29,500 for Ivey Mill Road
improvements; therefore Transportation staff withdraws its
objections to the request.
Mr. John Cogbill, representing the applicant, stated that the
recommendation is acceptable.
Mr. Miller called for the public hearing.
No one came forward to speak to the request.
After brief discussion, on motion of Mrs. Humphrey, seconded
by Mr. McHale, the Board approved Case 02SN0202 and accepted
the following proffered conditions:
The Applicants (the ~Applicants") in this zoning case,
pursuant to Section 15.2-2298 of the Code of Virginia (1950
as amended) and the Zoning Ordinance of Chesterfield County,
for themselves and their successors or assigns, proffer than
the development of the Property know as 730-630-2225 and 737-
626-0331 (the ~Property") under consideration will be
developed according to the following conditions if, and only
if, the request for Conditional Use Permit ("CUP'~) for a golf
course is granted. In the event the request is denied or
approved with conditions not agreed to by the Applicants, the
proffers and conditions shall immediately be null and void
and of no further force or effect. If the CUP is granted,
these proffers and conditions will supplement and amend any
and all proffers and conditions now existing on the Property.
Ail runoff from parking areas, storage areas, golf
course fairways, tees, greens and practice tees shall
drain through a BMP. (EE)
In conjunction with submission of the site plan for the
golf course, a fertilization plan in keeping with normal
turf management for golf courses shall be submitted to
the Chesterfield Extension Agent for approval. Such plan
shall provide for the minimum fertilization necessary to
achieve accepted turf maintenance and management.
Failure of the Extension Agent to approve or disapprove
the plan within sixty (60) days from its submittal shall
be deemed approval of the plan. (EE)
o
A buffer shall be provided between the golf course
playing area and public right of way. This buffer shall
not be subject to the requirements of the Zoning
Ordinance, but rather shall be designed to minimize the
possibility of balls in play from entering the public
right of way. The design shall preclude the use of
physical barriers along the public rights of way other
than decorative fencing or walls, topography and/or
landscaping. A plan for achieving this requirement
shall be submitted forlapproval in conjunction with site
plan review for the golf course. (P)
~02-332
! 04-24-02
(NOTE: Ail applicable conditions and proffered conditions of
Case 95SN0161, 95SN0226 and 02SN0111 remain in effect for any
development on the request Property.)
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
16. PUBLIC HEARINGS
16 .A.
TO CONSIDER THE PLANNING COMMISSION'S PROPOSED
ORDINANCE AMENDMENTS RELATING TO PLANNING FEER
Mr. Ramsey stated that, in preparing the challenging FY2003
budget, staff determined that costs related to staffing,
advertising, etcetera for planning functions had increased
dramatically more than the revenues. He further stated that
a significant increase was proposed in the budget for
planning fees related to the county's philosophy of growth
paying for growth. He stated that, subsequently, the
Planning Commission held a public hearing on a different
planning fee approach; and a third proposal (the "Halfway
Proposal") was adopted by the Board with the budget with
planning fees halfway between what the Planning Commission
and the County Administrator recommended. He further stated
that public hearings have been advertised for both the County
Administrator and the Planning Commission,s recommendations.
Mr. Jacobson stated that last year fees for all Planning
Department applications totaled $574,000 which covered
approximately 44 percent of the staff cost to review those
applications. He further stated that the goal of the County
Administrator's proposal, which averages a 32 percent fee
increase for the first year of a three-year program, was to
cover 80 percent of the departmental costs by fees within
three years. He stated that several new fees were also
proposed by the County Administrator, including fees for
cases remanded from the Board of Supervisors to the Planning
Commission and fees for multiple numbers of requests for
special exceptions and variances.
Discussion ensued relative to fees for multiple numbers of
requests.
Mr. Jacobson stated that the County Administrator,s proposal
would generally capture approximately 58 percent of the
review cost versus the current 44 percent. He further stated
that the Planning Commission originated another proposal
based on the philosophy of maintaining the same ratio, as
established in fiscal year 1996, of what the public pays for
through taxes versus what the fees pay for. He stated that
the Planning Commission proposed a seven percent increase in
fees that would capture approximately 47 percent of staff's
review costs. He further stated that the "Halfway Proposal"
adopted by the Board in the budget would increase fees 21
percent and would capture approximately 53 percent of review
costs. He stated that the Planning Commission held public
hearings to consider the first two proposals and recommends
approval of the seven percent fee increase with one change -
the per lot charge of certain subdivision fees be $5 per lot
rather than $10 per lot, and denial of the County
Administrator,s proposal.
This date and time has been advertised for a public hearing
to consider the Planning Commission's proposed ordinance
amendments relating to planning fees as heard by the Planning
Commission on March 19, 2002.
Mr. Miller called for the public hearing.
02-333
04-24-02
Mr. Roger Habeck, President of the Chesterfield County
Chamber of Commerce, recognized approximately 16 members of
the Chamber of Commerce who stood in support of the Chamber's
position relative to the issue. He requested that the Board
defer action on the planning fees until June 26, 2002. He
expressed concerns that the county has not been as successful
as it might have been in attracting and retaining some
classes of business because of rapid increases in the ~soft
costs" related to business development. He stated that the
greatest difficulty in analyzing the economic consequence of
the proposed fees is the lack of sufficient data to make an
informed decision. He further stated that the Chamber, at
its own expense, is performing a three-part study to develop
the information necessary for the Board to make an informed
decision relative to increased planning fees, the first part
of which is a market analysis.
Mr. Chris Andreano, Chairman of the Chamber's Initiative
Committee, came forward and~provided details relative to the
market analysis effort which is currently underway.
Mr. Habeck stated that the second part of the study is an
examination of lost opportunities. He further stated that
the Chamber has been able to identify a number of instances
where businesses have left Chesterfield, failed to choose
Chesterfield, or failed to pursue a project to move or expand
within Chesterfield. He stated that the Chamber intends to
determine why those businesses left, why the county was not
chosen or why the expansions were not made. He further
stated that this portion of the study is currently underway
and is not likely to be completed prior to the Board's May
22, 2002 meeting, but should be completed prior to the June
26, 2002 meeting. He stated that the third part of the study
is the examination of outcomes for conclusions relating to
fees and ~soft costs,~'and indicated that this portion of the
study has not yet begun and will not be completed before June
26, 2002. He further stated that the information collected
will be provided to the Board and suggested that information
be shared between the Chamber and county staff as it is
received. He stated that the Chamber is not addressing the
residential issue, indicating that residential zoning fees
should be addressed by citizens rather than businesses. He
further stated that the Chamber is seeking ways to revitalize
the rate of growth and business component of the county's
economy, desires to be a part of the solution, and welcomes
the Board's input on the Chamber's effort.
Mr. Barber stated that the research relative to lost
opportunities sounds fascinating, and applauded the Cha~er's
effort.
Mr. Warren stated that he supports the Chamber's approach to
address the issue of increased planning fees.
Mr. Miller inquired about Mr. Habeck's position relative to
applicants bearing the costs of planning services.
Mr. Habeck stated that he feels fees, taxes and services
should all be delivered or charged according to the over-
arching public interest.
Mr. Miller expressed concerDs relative to validation of the
data to be collected by th~ Chamber of Commerce; that it not
just provide anecdotal sqories, but statistically valid
information.
Mr. Habeck stated that
developed to provide
statistical analysis.
structured interview will be
information that is subject to
D2-334
04-24-02
Mr. David Root with the Richmond Homebuilders Association
expressed concerns that much of the increased review costs
are associated with increased public participation, increased
use of special conditions and proffers in cases, and the
increasing complexity of the zoning ordinance - all things
that the industry as a whole did not ask for, but the
governing body decided to participate in. He stated that he
feels the present rate of recovering 47 percent of the
planning costs represents development paying for its share,
rather than paying for those things that have been imposed by
the governing body. He also expressed concerns that the
County Administrator's proposal was based upon comparisons
with premiere no-growth localities in the state, indicating
that he does not feel it is the county's intention to send a
message to the business and residential communities that the
county desires to be a no-growth community. He stated that
the Homebuilders Association supports the Planning
Commission's proposal; feels the County Administrator's
proposal is excessive; and would welcome the opportunity to
review the Chamber of Commerce's analysis.
Mr. Barber stated that he feels the Board should make policy
decisions rather than policy decisions being made at a
different level and sent to the Board with no flexibility,
indicating that he was dissatisfied that the Planning
Commission made its own recommendation rather than acting
upon the County Administrator's recommendation. He further
stated that he feels if the Board has the flexibility to
reduce its tax rate, then there should be no need for
increased fees.
Mr. Warren stated that he will support a deferral until June
26, 2002 to give the business community an opportunity to
provide information which will make the decision making
process more clear. He further stated that he feels the
Planning Commission,s recommendation is acceptable and noted
that it was merely a recommendation.
Mrs. Humphrey stated that she, too, will support a deferral
until June 26, 2002, but stressed the fact that the issue
cannot be postponed any later than that date because the
budget takes effect July 1, 2002.
Mr. Miller expressed concerns that the Board might not have
time to adequately digest the data unless it is presented to
the Board prior to the June 26th meeting.
It was generally agreed that the Chamber of Commerce would
present its findings to each Board member individually no
later than Friday, June 14, 2002 and that the public hearing
would remain open to allow the Chamber to make a presentation
at the June 26th meeting.
Mr. Warren made a motion, seconded by Mr. McHale, for the
Board to continue the public hearing to consider the Planning
Commission,s proposed ordinance amendments relating to
planning fees until June 26, 2002.
Mr. McHale stated that he welcomes the Chamber of Commerce,s
efforts and indicated that he feels the data will assist the
Board in making a decision that is in the community's best
interest.
Mr. Miller called for a vote on the motion made by Mr.
Warren, seconded by Mr. McHale, for the Board to continue the
public hearing to consider the Planning Commission's proposed
ordinance amendments relating to planning fees until June 26
2002. '
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
02 -335
04 -24-02
16.B. TO CONSIDER THE COUNTY ADMINISTRATOR'S PROPOSED
ORDINANCE AMENDMENTS RELATING TO PLANNING FEES
This date and time has been advertised for a public hearing
to consider the County Administrator's proposed ordinance
amendments relating to planning fees as heard by the Planning
Commission on April 16, 2002.
Mr. Miller called for the public hearing.
No one came forward to speak to the County Administrator's
proposal.
On motion of Mr. Warren, seconded by Mr. McHale, the Board
continued the public hearing to consider the County
Administrator's proposed ordinance amendments relating to
planning fees until June 26, 2002.
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
16 .C.
TO REVISE FY2002 SCHOOL CAPITAL IMPROVEMENT
APPROPRIATIONS
Ms. Dickson stated that this date and time has been
advertised for a public hearing to consider revisions to
FY2002 School Capital Improvement appropriations.
Mrs. Humphrey expressed concerns relative to the
appropriation for the Monacan Field House Project and stated
that she feels the Board needs to deal with academic
classroom space rather than field houses.
Mr. Warren expressed concerns that no one from the School
Board was present to answer the Board's questions relative to
the appropriations.
Discussion ensued relative to continuing the public hearing
until May 22, 2002.
Mr. Barber stated that he feels the Board should trust the
School Board who supported the recommendations, and indicated
that he is willing to support the request. He further stated
that if the public has school-related issues, they should be
addressed by the School Board.
Mr. Miller called for the public hearing.
No one came forward to speak to the issue.
When asked, Ms. Dickson stated that, when the Board
considered the FY2003-2008 Capital Improvement Program (CIP)
and staff reviewed the changes, the CIP was adopted assuming
that changes were made in the current year, one of which was
the transfer of funds to the Monacan Field House.
Mr. McHale and Mrs. Humphrey also expressed concerns that no
one from the School Board was present to address the Board's
questions.
Discussion ensued relative to keeping the public hearing
open.
02-336
04-24-02
On motion of Mr. Barber, seconded by Mrs. Humphrey, the Board
continued the public hearing to consider revisions to the
FY2002 School Capital Improvement appropriations until May
22, 2002.
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
16.D. TO CONSIDER THE LEASING OF COUNTY PROPERTY AT THE
ROBIOUS WATER TANK
Mr. Stith stated that this date and time has been advertised
for a public hearing to consider the leasing of county
property at the Robious Water Tank.
Mr. Miller called for the public hearing.
Ms. Lisa Murphy, representing Voicestream GSM, II, stated
that co-location on the water tank will assist with
Voicestream's gap in coverage in the Midlothian area, and
requested that the Board approve the lease.
Mr. Irv Richardson, a resident of Olde Queene Terrace in
Roxshire Subdivision, whose property immediately adjoins the
property on which the water tank is located, expressed
concerns relative to the long-term health effects of living
42 yards from a water tank with multiple cellular antennas.
He stated that he has conducted extensive research relative
to the issue and forwarded his findings to various federal,
state and county officials, as well as requested a public
hearing to share his research and provide an opportunity for
representatives from the telecommunications companies to
share their research relative to the issue. He noted that a
viable alternative to locate the cellular towers is a
significant parcel of undevelopable land within a ten-minute
walking distance from the water tank that is also
appropriately distanced from residences.
There being no one else to address the issue, the public
hearing was closed.
Mr. Barber stated that federal law prohibits local
governments from using health risks as a reason not to allow
communications equipment. He further stated that an
overwhelming majority of the Roxshire neighborhood supported
co-location of cellular equipment on the Robious Water Tank.
Mr. Barber then made a motion, seconded by Mrs. Humphrey, for
the Board to approve the leasing of county property at the
Robious Water Tank to Voicestream, GSM, II.
Mr. Miller expressed concerns relative to the potential for
health risks to residents in close proximity to cellular
antennas, but indicated that the Telecommunications Act
prohibits the Board from considering health risks when acting
upon requests for the placement of cellular equipment.
Mr. Miller then called for a vote on the motion of Mr.
Barber, seconded by Mrs. Humphrey, for the Board to approve
the leasing of county property at the Robious Water Tank to
Voicestream, GSM, II.
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
02-337
04-24-02
17. REMAINING MOBILE HOME PERMITS AND ZONING REQUESTR
There were no remaining mobile home permits or
requests at this time.
zoning
18. ADJOURNMENT
On motion of Mr. McHale, seconded by Mr. Warren, the Board
adjourned at 8:43 p.m. until May 22, 2002 at 4:00 p.m.
Ayes: Miller, Warren, Humphrey, Barber and McHale.
Nays: None.
Lan& B. Ramsey ./
County Administrator
~ ~'~Chai rm~ ~
~2-338
04-24-02