2009-04-15 MinutesBOARD OF SUPERVISORS
MINUTES
April 15, 2009
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Supervisors in Attendance:
Mr. Arthur S. Warren, Chairman
Mr. Daniel A. Gecker, Vice Chrm.
Ms. Dorothy Jaeckle
Mr. James "Jim" Holland
Ms. Marleen K. Durfee
Mr. James J. L. Stegmaier
County Administrator
School Board Members in
Attendance:
Mr. Marshall Trammell, Jr.
Chairman
Dr. Marcus Newsome, Supt.
of Schools
Staff in Attendance:
Mr. Mike Bacile, Dir.,
Purchasing
Ms. Janice Blakley,
Clerk to the Board
Ms. Debbie Burcham,
Exec. Dir., Community
Services Board
Mr. Kevin Bruny, Dean,
Chesterfield University
Mr. Allan Carmody, Dir.,
Budget and Management
Ms. Jana Carter, Dir.,
Juvenile Services
Ms. Marilyn Cole, Asst.
County Administrator
Mr. Barry Condrey, Chief
Information Officer
Mr. Richard Cordle,
Treasurer
Mr. Roy Covington, Dir.,
Utilities
Ms. Mary Ann Curtin, Dir.,
Intergovtl..Relations
Mr. Jonathan Davis, Dir.,
Real Estate Assessments
Ms. Rebecca Dickson, Dep.
County Administrator,
Human Services
Mr. William Dupler,
Building Official
Colonel Thierry Dupuis,
Police Department
Mr. Michael Golden, Dir.,
Parks and Recreation
Mr. John W. Harmon,
Real Property Manager
Mr. Russell Harris, Mgr.
of Community Development
Services
Mr. Thomas E. Jacobson,
Dir., Revitalization
Mr. William E. Johnson,
Deputy County Admin.,
Management Services
Mr. Donald Kappel, Dir.,
Public Affairs
Mr. Rob Key, Director,
General Services
Ms. Kathy Kitchen, Asst.
Superintendent of Schools
for Business and Finance
Mr. Lou Lassiter, Dir.,
Internal Audit
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Ms. Debbie Leidheiser,
Senior Advocate,
Human Services
Mr. Mike Mabe, Director,
Libraries
Mr. John McCracken, Dir.,
Transportation
Mr. Richard M. McElfish,
Dir., Env. Engineering
Mr. Steven L. Micas,
County Attorney
Dr. William Nelson,
Dir., Health Dept.
Mr. Jay Payne, Asst. to
Dep. County Administrator
Sheriff Dennis Proffitt,
Sheriff's Department
Chief Edward Senter,
Fire Department
Ms. Sarah Snead, Dir. of
Social Services
Mr. M. D. Stith, Jr.,
Deputy County Admin.,
Community Development
Mr. Thomas Taylor, Dir.,
Block Grant Office
Mr. Richard Troshak, Dir.,
Emergency Communications
Center
Mr. Kirk Turner, Dir.,
Planning
Mr. Scott Zaremba, Asst.
Dir., Human Resource
Management
Mr. Warren called the regularly scheduled meeting to order at
3:04 p.m.
1. APPROVAL OF MINUTES FOR MARCH 16 AND 25, 2009
On motion of Mr. Holland, seconded by Ms. Durfee, the Board
approved the minutes of March 16, and March 25, 2009, as
submitted.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
2. COUNTY ADMINISTRATOR'S COMMENTS
2.A. COUNTY ADMINISTRATOR'S REPORT
Mr. Stegmaier deferred providing a report to the Board due to
the amount of information being provided through the Budget
Work Session.
3. BOARD MEMBER REPORTS
Mr. Holland expressed appreciation to Mr. warren for his
leadership during the recognition of Mr. Kelly E. Miller. He
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stated a Dale District constituents meeting was held on April
14, 2009 and the citizen feedback was positive on the Pro-
Active Code Enforcement.
4. REQUESTS TO POSTPONE AGENDA ITEMS AND ADDITIONS,
DELETIONS OR CHANGES IN THE ORDER OF PRESENTATION
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There were no requests at this time.
5. RESOLUTIONS
5.A. RECOGNIZING APRIL 19-25, 2009, AS "ADMINISTRATIVE
PROFESSIONALS WEER"
Mr. Kappel introduced representatives from the Tri-Cities and
Old Dominion Chapters of the International Association of
Administrative Professionals (IAAP), who were present to
receive the resolution.
On motion of the Board, the following resolution was adopted:
WHEREAS, administrative professionals play an essential
role in coordinating the office operations of businesses,
government, educational institutions, and other
organizations; and
WHEREAS, the work of administrative professionals today
requires advanced knowledge and expertise in communications,
computer software, office technology, project management,
organization, customer service and other vital office
management responsibilities; and
WHEREAS, Administrative Professionals Week is observed
annually in workplaces around the world to recognize the
important contributions of administrative support staff and
is sponsored by the International Association of
Administrative Professionals; and
WHEREAS, the theme of Administrative Professionals Week
2009 is "Excellence In Action" reflecting how today's career-
minded administrative professionals are advancing their
careers and the profession as a whole through excellence in
their work and through improving their skills.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors, this 15th day of April 2009,
publicly recognizes the week of April 19-25, 2009, as
"Administrative Professionals Week," and Wednesday, April 22,
2009, as "Administrative Professionals Day" in Chesterfield
County, saluting the valuable contributions of administrative
professionals in the workplace and calling on all employers
to support continued training and development for
administrative staff, recognizing that a well-trained
workforce is essential for success in today's business world.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
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Mr. Stegmaier expressed appreciation for the hard work and
dedication of Chesterfield County's administrative
professionals.
Mr. Gecker presented the executed resolution to members of
the IAAP and expressed appreciation for their dedication to
Chesterfield County.
6. WORK SESSIONS
6.A. COUNTY ADMINISTRATOR'S PROPOSED FY2010 BUDGET, THE
PROPOSED FY2010 COMMUNITY DEVELOPMENT BLOCK GRANT AND
HOME INVESTMENT PARTNERSHIP ANNUAL PLAN, THE PROPOSED
FY2010-FY2015 CAPITAL IMPROVEMENT PROGRAM AND OTHER
ORDINANCE CHANGES
Mr. Carmody presented the proposed recommendations for
amendments to the County Administrator's FY2010 amended
budget. He provided details of the proposed amendments to
the general fund. He stated proposed amendments are
recommended by staff. He provided a breakdown of the
proposed elimination of positions in the general fund. He
stated the FY2010 budget is based on a 95-cent real estate
tax rate. He reviewed the recommended changes to grant
programs, and the FY2010-2015 Capital Improvement Program and
FY2010 CIP project highlights. Furthermore he noted changes
to the FY2009 CIP.
Mr. Warren expressed appreciation to Mr. Carmody for his hard
work to ensure the service needs of citizens in Chesterfield
County are met within this budget.
Mr. Holland stated the Budget and Audit Committee recommends
approval. He further stated the Efficiency Committee will
continue to look for efficiencies throughout the county.
In response to Ms. Jaeckle's question, Mr. Carmody stated the
Police- Department is working on two grants, which will
provide funding for 29 police officers. He further stated
restoration of the funding in the Police Department for the
retiree healthcare benefits will allow the Police Department
flexibility to hire some of the vacant police officer
positions.
7. DEFERRED ITEMS
7.A. AWARD A CONSULTING CONTRACT TO RENAISSANCE PLANNING
GROUP FOR REVISIONS TO CHESTERFIELD COUNTY'S
COMPREHENSIVE PLAN
Mr. Turner provided details of the proposed consulting
contract with Renaissance Planning Group for revisions to
Chesterfield County's Comprehensive Plan.
Ms. Durfee expressed appreciation to Mr. Turner and staff for
their hard work on this item. She stated the work on the
comprehensive plan will provide direction for the county in
so many areas.
On motion of Ms. Durfee, seconded by Mr. Holland, the Board
authorized the County Administrator to execute a contract
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with the Renaissance Planning Group in the amount of $869,920
for revisions to Chesterfield County's comprehensive plan,
and authorized the transfer and use of funds to cover the
cost from reserves.
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Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
8. NEW BUSINESS
8.A. BUDGET ITEMS
8.A.1. ADOPTION OF ORDINANCE AMENDMENTS RELATING TO
DEPARTMENT OF UTILITIES FEE CHANGES
Mr. Carmody stated the proposed ordinance increases the water
and wastewater connection fees and the bi-monthly bill for
water and wastewater customers. He further stated staff
recommends adoption of the proposed ordinance.
Mr. Warren stated Chesterfield County has one of the lowest
costs for utilities in the region and has been able to
maintain those fees.
Mr. Covington stated the Utilities Department is facing
challenges in terms of paying for the commodities to treat
water and wastewater to the levels the county is proud, of
and the county continues provide strict testing on the
drinking water, which is more harsh than state law. He
further stated the department continues to have a AAA bond
ratings.
In response to Ms. Jaeckle's question, Mr. Covington provided
a history of the rate fee increases for the Utilities
Department's services.
On motion of Mr. Holland, seconded by Mr. Gecker, the Board
adopted the following ordinance:
AN ORDINANCE TO AMEND THE CODE OF THE COUNTY
OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING
AND RE-ENACTING SECTIONS 18-22 AND 18-27 RELATING TO
WATER AND SEWER CONNECTION FEES AND WATER
AND SEWER USER FEES CHARGES
BE IT ORDAINED by the Board of Supervisors of Chesterfield
County:
(1) That Sections IS-22 and IS-27 of the Code of the County
of Chesterfield, 1997, as amended, is amended and re-enacted
to read as follows:
Sec. 18-22. Connection fees.
(a) The water connection fee shall be the capital cost
recovery charge plus the meter installation charge based on
the size of the water meter that the director installs. The
wastewater connection fee shall be the capital cost recovery
charge for the size of the water meter that serves the
property, or, if the property does not receive water service,
the size of the water meter that would serve the property if
it received water service.
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(b) The capital cost recovery charge shall be:
Customer Class Meter Number Capital Cost Recover
Size of Charge
(inches ERU's
per
Unit
Water Wastewat
(i) For a dwelling, 5/8 1.00 $4,025.00 $3,140. 0
single-family,
including
townhouses,
mobile homes that
are not located
in a mobile home
park, and
individually
metered
multifamily
dwelling units.
(ii) For a dwelling, 5/8 1.00 4,025.00 3,140. 0
two-family (per
unit)
(iii) For mobile homes 0.85 3,421.00 2,669. 0
that are located
in a mobile home
park and for
master metered
multiple-family
dwellings other
than multiple-
family dwellings
used exclusively
as housing for
colleges and/or
universities (per
unit)
(iv) For all other 5/8 1.00 4,025.00 3,140. 0
customer classes
1 2.50 10,063.00 7,850. 0
1 ~ 5.00 20,125.00 15,700. 0
l ~ VU 3L, LVV VV a:.i, ic~v v
3 16.00 64,400.00 50,240. 0
4 25.00 100,625.00 78,500. 0
6 50.00 201,250.00 157,000. 0
8 80.00 322,000.00 251,200. 0
10 115.00 462,875.00 361,100. 0
12 155.00 623,875.00 486,700. 0
The capital cost recovery charge for meters that e
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larger than 12 inches shall be determined by the director
based on the number of ERUs per unit.
(v) The capital cost recovery charge for a dwelling that is
served by a meter that is larger than five-eighths inch
shall be the same capital cost recovery charge in
subsection (b)(iv).
0
(c) The meter and water service line installation
charge shall be:
(1) For installing water service lines:
Inches Charge
5/8 $1,550.00
1 1,850.00
1 1/2 3,150.00
2 3,625.00
(2) For installing meters:
Inches Charge
5/8 $65.00
1 110.00
1 1/2 270.00
2 370.00
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(3) For installing residential outside use meters using
existing service lines: $420.00.
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Sec. 18-27. Utility charges.
Effective with bills issued on and after July 1, 2009,
the consumer shall pay charges for utility service in
accordance with the following schedules:
(a) Monthly service charges. The monthly service charge
shall be:
(1) Customer cost charge. A customer cost charge
of $2.00 for each service account. However,
customers who have only a water account or a
wastewater account shall pay a customer cost
charge of $4.00.
(2) Commodity cost charge.
(i) Water: $1.24 per 100 cubic feet (Ccf).
(ii) Wastewater: $1.45 per 100 cubic feet
(Ccf) .
(3) Capacity cost charge.
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Customer Class Meter Number Monthly Capacity
Size of Charge
(inches) ERU's
per
Unit
Water Wastewater
(i) Dwelling, single- 5/8 1.00 $5.20 $10.60
family, including
townhouses and
mobile homes that
are not located in
a mobile home park
(ii) Dwelling, two- 5/8 1.00 5.20 10.60
family (per unit)
(iii) Mobile homes that 0.85 4.42 9.01
are located in a
mobile home park
and multiple-
family dwellings
other than
multiple-family
dwellings used
exclusively as
housing for
colleges or
universities (per
unit)
(iv) All other customer 5/8 and 1.00 5.20 10.60
classes 3/4
1 2.50 13.00 26.50
1 1/2 5.00 26.00 53.00
2 8.00 41.60 84.80
3 16.00 83.20 169.60
4 25.00 130.00 265.00
6 50.00 260.00 530.00
8 80.00 416.00 848.00
10 115.00 598.00 1,219.00
12 155.00 806.00 1,643.00
(v) The capacity cost charge for a dwelling that is serve
by a meter that is larger than five-eighths inch shall
be the capacity cost charge in subsection (a)(3)(iv).
(b) Ancillary charges.
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Type Charge '
(1) Portable water meter deposit $750.00
(2) Bacteriological test for new 35.00
construction, per test
(3) Meter testing charges:
(i) 5/8-inch 30.00
(ii) 1-inch 30.00
(iii) 1 1/2-inch 40.00
(iv) 2-inch 40.00
(v) Meters that are larger
than two inches will be
charged the actual cost
of the test
(4) Temporary voluntary meter Customer cost
disconnection fee charge plus
capacity costs
charge for each
billing period of
disconnection,
plus service
reconnection fee
(5) Strong waste surcharge See section 18-107
(6) Septage dumping charge $50.00 per 1,000
gallons
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(2) That this ordinance shall become effective July 1, -2009.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
8.A.2. ADOPTION OF ORDINANCE ESTABLISHING THE ANNUAL TAX
LEVY ON VARIOUS CLASSES OF REAL ESTATE AND PERSONAL
PROPERTY
Mr. Carmody stated advertised tax rates remain unchanges from
calendar year 2008 and that the real estate tax rate was
advertised at 95 cents although the Board can reduce the tax
rate.
On motion of Mr. Holland, seconded by Mr. Warren, the Board
adopted the following ordinance:
AN ORDINANCE TO ESTABLISH THE ANNUAL TAX LEVY ON
VARIOUS CLASSES OF PROPERTY FOR THE COUNTY OF
CHESTERFIELD, REPEAL SECTIONS 9-216, 9-217, 9-218 AND 9-219
OF THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED,
AND RENAME ARTICLE XV OF CHAPTER 9
BE IT ORDAINED by the Board of Supervisors of Chesterfield
County:
(1) That for the year beginning on the first day of January,
2009, and ending on the thirty-first day of December, 2009,
the taxes on property in all the Magisterial Districts of the
County of Chesterfield shall be as follows:
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Sec. 1. Real Property and Mobile Homes.
Except as provided in Sec. 1 (b), on tracts of land,
lots or improvements thereon and on mobile homes the tax
shall be $0.95 on every $100 of assessed value thereof.
Sec. 2. Personal Property.
(a) On automobiles, trailers, boats, boat trailers,
other motor vehicles and on all tangible personal property
used or held in connection with any mining, manufacturing or
other business, trade, occupation or profession, including
furnishings, furniture and appliances in rental units, the
tax shall be $3.60 on every $100 of the assessed value
thereof.
(b) On aircraft as defined by Section 58.1-3503 and -
3506 of the Code of Virginia, 1950, as amended, the tax shall
be $.50 on every $100 of the assessed value thereof.
(c) On motor vehicles owned or leased by members of
volunteer rescue squads, volunteer fire departments,
volunteer police chaplains and by auxiliary police officers
as provided in Section 9-57, Code of the County of
Chesterfield, 1997, as amended, the tax shall be $.96 on
every $100 of the assessed value thereof.
(d) On wild or exotic animals as defined by Section
58.1-3506 of the Code of Virginia, 1950, as amended, the tax
shall be $0.01 on every $100 of the assessed value thereof.
(e) On motor vehicles which use clean special fuels as
defined in Section 58.1-2101 of the Code of Virginia, 1950,
as amended, the tax shall be $3.24 on every $100 of the
assessed value thereof.
(f) On motor vehicles, trailers, and semitrailers with
a gross vehicle weight of 10,000 pounds or more used to
transport property for hire by a motor carrier engaged in
interstate commerce, the tax shall be $.96 on every $100 of
the assessed value thereof.
(g) On motor vehicles which are specially equipped to
provide transportation for physically handicapped
individuals, the tax shall be $.O1 on every $100 of the
assessed value thereof.
Sec. 3. Public Service Corporation Property.
(a) On that portion of real estate and tangible
personal property of public service corporations which has
been equalized as provided in Section 58.1-2604 of the Code
of Virginia, 1950, as amended, the tax-shall be $0.95 on
every $100 of the assessed value thereof determined by the
State Corporation Commission.
(b) The foregoing subsections to the contrary
notwithstanding, on automobiles and trucks belonging to such
public service corporations the tax shall be $3.60 on every
$100 of assessed value thereof.
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Sec. 4. Machinery and Tools.
On machinery and tools used in a manufacturing or mining
business the tax shall be $1.00 on every $100 assessed value
thereof.
(2) That Sections 9-216, 9-217, 9-218, and 9-219 of the Code
of the County of Chesterfield, 1997, as amended, are repealed
and Article XV of Chapter 9 is renamed as follows:
ARTICLE XV. ENTERPRISE ZONES AND SUBZONES
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
8.A.3. ADOPTION OF THE FY2010 COMMUNITY DEVELOPMENT BLOCK
GRANT PROGRAM AND THE HOME INVESTMENT PARTNERSHIP
ANNUAL PLAN
Mr. Carmody stated staff recommends approval of the FY2010
Community Development Block Grant Program and the HOME
Investment Partnership Annual Plan.
In response to Ms. Jaeckle's question, Mr. Carmody stated the
county does not know the dollar amount the county will be
receiving for the Community Block Grant Program as it has not
yet been provided by the federal government.
In response to Ms. Jaeckle's question, Mr. Stith stated there
would be no harm done if this item was deferred.
Discussion ensued relative to the possibility of deferral.
Mr. Taylor stated he spoke with the HUD office and was
informed the numbers should be received in the next couple of
days.
In response to Mr. Gecker's question, Mr. Taylor stated no
hardship would be created by his office if this item is
deferred.
~On motion of Ms. Jaeckle, seconded by Mr. Gecker, the Board
deferred adoption of the FY2010 Community Development Block
Grant Program and the HOME Investment Partnership Annual Plan
to April 29, 2009.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
8.A.4. ADOPTION OF THE FY2010-FY2015 CAPITAL IMPROVEMENT
PROGRAM
Mr. Carmody stated staff is requesting that the Board adopt
the revised FY2010-FY2015 Capital Improvement Program.
On motion of Mr. Gecker, seconded by Mr. Holland, the Board
deferred adoption of the FY2010-FY2015 Capital Improvement
Program to April 29, 2009.
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Ayes:
Nays:
8.A.5.
Warren, Gecker, Jaeckle, Holland, and Durfee.
None.
ADOPTION OF THE FY2010 BIENNIAL FINANCIAL PLAN
Mr. Carmody stated staff is requesting that the Board adopt
the proposed FY2010 Biennial Financial Plan, as amended.
Mr. Gecker stated it has been a difficult task to get the
county to the position it is now with the budget. He
commended Mr. Carmody for his calm leadership throughout this
process.
Mr. Holland expressed appreciation for everyone involved in
the budget process in this challenging year.
Mr. Warren stated the proposed budget contains funding for
the library hours of operations, recycling every two weeks,
and to keep the county's historic museums and the Police
Precinct open.
Mr. Holland made a motion, seconded by Mr. Gecker, for the
Board to adopt the FY2010 Biennial Financial Plan, with
revisions as submitted and form a team to review curbside
recycling in order to enhance and improve the program.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
Mr. Gecker stated forming a team, with industry and citizen
representatives, to review the efficiency of curbside
recycling was discussed in Budget and Audit suggested the
Board to form a committee to review the efficiency of
curbside recycling.
Ms. Durfee expressed appreciation to everyone involved in the
budget process for meeting the challenges. She further
stated with the coordination of information between Mr.
Stegmaier, Mr. Carmody, the leadership team, and the
efficient team, the county will continue to face challenging
issues but will continue to move forward to meet the needs of
the citizens.
8.A.6.
ADOPTION OF RESOLUTION APPROPRIATING FUNDS FOR FY2010
Mr. Carmody stated staff is requesting that the Board adopt a
resolution appropriating funds for FY2010. He further stated
the Board could adopt the resolution and defer the
appropriation of funds for the CDBG program since the
spending is not authorized until July 1.
Mr. Holland made a motion, seconded by Mr. Gecker, for the
Board to adopt the resolution appropriating funds for FY2010.
Discussion ensued relative to the appropriation of the
Community Development Block Grant funds.
Mr. Stegmaier stated the CDBG funds could be appropriated in
the resolution as there was a separate item to approve the
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CDBG Plan, which was deferred earlier. He further stated
that the Board's intent was to defer appropriating CIP funds.
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Mr. Warren called for a vote on the motion of Mr. Holland,
seconded by Mr. Gecker, for the Board to adopt the following
resolution with revisions:
A RESOLUTION TO APPROPRIATE DESIGNATED FUNDS AND ACCOUNTS
FROM DESIGNATED ESTIMATED REVENUES FOR FY2010 FOR FISCAL
PLANNING PURPOSES FOR THE OPERATING BUDGET FOR THE COUNTY OF
CHESTERFIELD, VIRGINIA
BE IT HEREBY RESOLVED by the Board of Supervisors of the
County of Chesterfield:
That for the f fiscal year beginning on the f first day of July
2009 and ending on the thirtieth day of June 2010, the
following sections shall be adopted:
Sec. 1 The following designated funds and accounts shall
be appropriated from the designated estimated
revenues to provide an operating budget for the
county. It is the intent of the Board of
Supervisors that general property taxes levied on
January 1, 2009, and due December 5, 2009, be
appropriated for FY2010.
General Fund
Estimated
Revenue: From Local Sources:
General Property Taxes
Other Local Taxes
Licenses, Permits, Fees
Fines, Forfeitures and Uses
of Money & Property
Service Charges
Miscellaneous and Recovered
Costs
From Other Agencies:
State and Federal
Other Financing Sources:
Reserves
Transfer from County Grants
Fund
Transfer from County Capital
Projects
Transfer from Vehicle &
Communications Maintenance Fund
Transfer from Water Operating
Fund
Transfer from Wastewater
Operating Fund
Anticipated Fund Balance
7/1/09
Total Revenues
Appropriations: General Government
$365,777,600
88,933,100
4,773,900
6,147,300
29,937,500
13,829,900
134,767,700
$13,443,900
690,900
926,800
.11, 800
2,455,100
2,600
53,495,000
$715,193,100
$47,922,600
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Administration of Justice
Public Safety
Public Works
Health and Welfare
Parks, Rec., Cultural
Community Development
Debt Service
Operating Transfers
Reserves
Ending Fund Balance, 6/30/2010
Total General Fund:
*Plus encumbrances carried
forward in all funds in an
amount not to exceed $15
million, which will be
reappropriated into the fiscal
year beginning July 1, 2009.
(See "Section 5")
Comprehensive Services Fund
Estimated
Revenue: Reimbursement, Colonial Heights
State Aid, Comprehensive
Services
State, Miscellaneous
Transfer from Social Services
Transfer from Schools
Transfer from General Fund
Use of Retained Earnings
Total Revenue
Appropriations: Operating Expenses
Total Appropriations
School Operating Fund
Estimated
Revenue: Local Sources
State
Federal
Use of Reserve
Transfer from School Operating
Transfer from School Food
Service
Transfer from General Fund:
State Sales Tax
Local Taxes
Grounds Maintenance
Total General Fund
Beginning Fund Balance
Total Revenues, Transfers &
Reserves
Appropriations: Instruction
Administration / Attendance &
Health
Pupil Transportation
09-199
8,440,E
140,084,:
19, 179, ~
67,180,E
20,782,:
14,986,E
25,333,:
317,351,'
436, F
53, 495, 1
$715,193,:
$237,
4,500,
150,
445,
1,397,
2,594,
175,
$9,500,
$9,500,
$9,500,
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
$22,508, 00
242,587, 50
53,602, 00
4,233, 00
649, 50
800, Q~00
48,701,
238,239,
2, 161,
$289,101,
00
00
0
0
1, 000, pI00
$614,481,00
410, 493, (~73
19,644, 28
28,879, 54
04/15/09
Operations & Maintenance 59,183,224
Technology 10,832,321
Debt Service 47,909,500
Food Service 20,550,000
Grounds Maintenance 2,161,000
Transfer and Reserve for School
Capital Projects 14,828,400
Total Appropriations $614,481,500
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Schools - A pomattox Regional Governor's School
Fund
Estimated
State 1,099,700
Total Revenues, Transfers and
Reserves $3,686,600
Revenue: Local Sources $2,586,900
Appropriations Education $3,686,600
Total Appropriations $3,686,600
County Grants Fund:
Estimated
Revenue: From Other Governments $10,159,900
From the General Fund 2,831,100
Total Revenue $12,991,000
Adult Drug Court Grant
Appropriations: (Commonwealths Attorney) $743 900
Clerk of the Circuit Court -
Technology Trust Fund 154 900
Community Corrections Services:
Domestic Violence Resource
Center 98,900
Domestic Violence Victim
Advocate (V-STOP) 50,900
Dual Treatment Track (SAMHSA) 173,000
Options 74,000
Pretrial 470,400
Post Trial 1,843,400
Community Development Block
Grant 1,707,500
Community Services Board Part C
Grant 732,600
Domestic Violence Prosecutor 98,900
Families First 524,500
Fire & EMS Revenue Recovery 3,740,000
Juvenile Drug Court Grant 486,000
Litter Grant 26,000
Police - Domestic Violence
Coordinator 45,000
USDA Juvenile Detention Grant 75,000
USDA Youth Group Home Grant 8,200
Victim/Witness Assistance 479,200
VJCCCA 1,458,.700
Total Appropriations $12,991,000
Vehicle and Communications Maintenance
09-200
04/15/09
Estimated
Revenue: Fleet Management Charges
Radio Shop Charges
Total Revenue
Appropriations: Fleet Management Operations
Radio Shop Operations
Capital Projects Management Fund
Estimated
Revenue: Reimbursement for Services
Total Revenue
Construction Management
Appropriations: Operations
Total Appropriations
Risk Management Fund
Estimated
Revenue: Operating Revenues
Beginning Retained Earnings
Total Revenue
Appropriations: Risk Management Operations
Ending Retained Earnings
Total Appropriations
Airport Fund
Estimated
Revenue: Operating Revenue
Transfer from General fund
Total Revenue
Appropriations: Airport Operations
Total Appropriations
Utilities Funds
Estimated
Revenue: Service Charges
Capital Cost Recovery Charges
Hydrant/Fire Protection
Other Revenue
Anticipated Future Revenue
Total Revenue
Appropriations: Operations
Debt Service
Transfer to Capital Improvement
Projects
Payment in Lieu of Taxes
Total Appropriations
09-201
$17,335, 0
2,212, 0
$19,547, 0
$17,335, 0
2,212, 0
$19,547, 0
$859, 0
$859, 0
$859, 0
$859, 0
$7,845, 0
4,762, 0
$12,607, 0
$7,845, 0
4,762, 0
$12,607, 0
$707, o0
75, 0
$782, 00
$782, 00
$782, 00
$64,890, 00
13,118, 00
2,452, 00
11,165, 00
44,431, 00
$136,057,00
57, 605,00
17,873, 00
58,126, 00
2,452, 00
$136,057, 00
04/15/09
Sec. 2 Appropriations in addition to those contained in
the general appropriation resolution may be made by
the Board only if there is available in the fund an
unencumbered and unappropriated sum sufficient to
meet such appropriations.
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Sec. 3 The County Administrator may, as provided herein,
except as set forth in Sections 7, 12, 13, 14, 15,
16 and 18, authorize the transfer of any
unencumbered balance or portion thereof from one
classification of expenditure to another within the
same department or appropriation category. The
County Administrator may transfer up to $50,000
from the unencumbered. appropriated balance of one
appropriation category to another appropriation
category. No more than one transfer may be made
for the same item causing the need for a transfer,
unless the total amount to be transferred for the
item does not exceed $50,000.
Sec. 4 The County Administrator may increase
appropriations for non-budgeted revenue that may
occur during the fiscal year as follows:
a) Insurance recoveries received for damage to
any county property, including vehicles, for
which County funds have been expended to make
repairs.
b) Refunds or reimbursements made to the county
for which the county has expended funds
directly related to that refund or
reimbursement.
c) Revenue not to exceed $50,000.
Sec. 5 All outstanding encumbrances, both operating and
capital, in all county funds up to $15 million, at
June 3 0 , 2 0 0 9 shal l be an amendment to the adopted
budget and shall be reappropriated to the 2009-2010
fiscal year to the same department and account for
which they were encumbered in the previous year. At
the close of the fiscal year, all unencumbered
appropriations lapse for budget items other than:
capital projects; general fund transfers for
capital projects and grants; construction reserve
for capital projects; reserves for county and
school future capital projects; other reserves;
District Improvement Funds; donations restricted to
specific purposes; federal and state grants, PPTRA
revenues; other revenue and program income; revenue
recovery funds; Title IV-E funds; cash proffers;
all tax revenues received for special assessment
districts and interest earnings thereon; Economic
Development incentive funds; actual transient
occupancy tax revenues received and budgeted
expenditures in connection with the Richmond
Convention Center; and refunds for off-site and
oversized water and wastewater facilities.
Sec. 6 Appropriations designated for capital projects will
not lapse at the end of the fiscal year. The County
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04/15/09
Administrator may approve transfers between funds
to enable the capital projects to be accounted for
correctly. Upon completion of a capital project,
staff is authorized to close out the project and
transfer any remaining balances to the original
funding source. The County Administrator may
approve construction contract change orders up to
an increase of $49,999 and approve all change
orders for reductions to contracts. The Board of
Supervisors must approve all change orders of
$50,000 or more or when the aggregate of all
changes to a contract exceeds l00 of the original
contract amount or 20o if the original contract is
for less than $500,000.
Sec. 7 The County Administrator is authorized to approve
transfers among Utilities funds and capital
projects as long as funding sources are consistent
and total net appropriation is not increased.
Should the actual contract price for a project be
less than the appropriation, the County
Administrator may approve the transfer of excess
funds back to the original funding source upon
completion of the project.
Sec. 8 Upon completion of a grant program, the County
Administrator is authorized to close the grant and
transfer balances back to the funding source. The
County Administrator is authorized to reprogram
Community Development Block Grant funds by closing
program cost centers and transferring funding to
newly approved programs based on adoption by the
Board of Supervisors.
Sec. 9 The County Administrator may reduce revenue and
expenditure appropriations related to programs,
functions, or departments funded all or in part by
the Commonwealth of Virginia and/or the federal
government to the level approved by the responsible
state or federal agency.
Sec. 10 The Director of Accounting is authorized to make
transfers to various funds for which there are
transfers budgeted. The Director shall transfer
funds only as needed up to amounts budgeted, or in
accordance with any existing bond resolutions that
specify the manner in which transfers are to be
made.
Sec. 11 The Treasurer may advance monies to and from the
various funds of the county to allow maximum cash
flow efficiency. The advances must not violate
county bond covenants or other legal restrictions
that would prohibit such an advance. The Treasurer
may also advance cash in support of employee
benefit accounts.
Sec. 12 The County Administrator is authorized to make
expenditures from Trust & Agency Funds for the
specified reasons for which the funds were
established. In no case shall the expenditure
exceed the available balance in the fund.
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Sec. 13 The County Administrator is authorized to transfer
among appropriation categories and/or appropriate
funds in excess of $50,000 for supplemental
retirement, Workers' Compensation, healthcare for
retirees and other compensation-related costs, as
well as for transfers to cover energy/fuel costs.
Sec. 14 The County Administrator may appropriate revenues
and increase expenditures in excess of $50,000 for
funds received by the county from asset forfeitures
for expenditures related to drug enforcement or
other allowable expenditures. The balance of these
funds shall not lapse but be carried forward into
the next fiscal year.
Sec. 15 The County Administrator may increase the general
fund appropriation in the School Operating Fund
contingent upon availability of funds and other
circumstances, based on the following. schedule:
a) Increase general fund transfer/appropriation
on December 15 by $3,000,000.
b) Increase general fund transfer/appropriation
on February 15 by $3,000,000.
c) Increase general fund transfer/appropriation
on May 5 by $3,000,000.
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Sec. 16 The County Administrator is authorized tc
reallocate funding sources for capital projects,
arbitrage rebates/penalties, and debt service
payments and to appropriate bond interest earnings
to minimize arbitrage rebates/penalties, including
the appropriation of transfers among funds to
accomplish such reallocations. Budgets for
specific capital projects will not be increased
beyond the level authorized by Sections 3 and 4.
Sec. 17 Salaries for Planning Commissioners will be
increased equivalent to the merit increase county
employees are eligible for. The effective date for
pay increases, including the Planning Commission
and the Board of Supervisors, may cross fiscal
years.
Sec. 18 The County Administrator is authorized to approve
transfers among funds and capital projects as long
as total net appropriation is not increased.
Sec. 19 The Utilities Department rate stabilization reserve
shall be maintained as per guidelines outlined
below:
a) The minimum annual contribution to the reserve
will be 500 of the previous year's
depreciation on fixed assets.
b) The annual contribution to the reserve will
continue until 100% of accumulated
depreciation on the fixed assets is funded.
If at the beginning of a fiscal year a reserve
balance exceeds 1000 of accumulated
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04/15/09
depreciation, a reduction in the annual
contribution may be considered.
c) Funds cannot be used from the rate
stabilization reserve if the balance falls
below 25% of that utility's fixed asset
accumulated depreciation, other than for
Utility internal borrowing purposes.
d) The declaration of a financial emergency by
the Director of Utilities and a corresponding
four-fifths vote by the Board of Supervisors
at a publicly advertised meeting declaring the
existence of such an emergency is required to
suspend Sec. 19a, Sec. 19b, and Sec. 19c.
Sec. 20 Upon adoption of this resolution, the School Board
and/or the School Superintendent may make
expenditure and revenue changes within the school
fund as follows:
a) Transfers of $50,000 or less are subject to
the approval of the Superintendent.
b) Transfers of $50,001 to $499,999 require the
approval of the Superintendent and the School
Board.
c) Transfers of $500,000 or more require the
approval of the Superintendent, the School
Board, and the Board of Supervisors.
The School Board and/or the School
Superintendent shall prepare a budget status
report reflecting changes to the approved
school budget between appropriation
categories, as amended, and the report shall
be presented to the County Administrator
quarterly.
Sec. 21 In accordance with the requirements set forth in
Section 58.1-3524(C)(2) and Section 58.1-3912 (E) of
the Code of Virginia, as amended by Chapter 1 of
the Acts of Assembly (2004 Special Session 1) and
as set forth in Item 503.E (Personal Property Tax
Relief Program) of Chapter 951 of the 2005 Acts of
Assembly, any qualifying vehicle situated within
the County commencing January 1, 2006, shall
receive personal property tax relief in the
following manner:
a) Personal use vehicles valued at $1,000 or less
will be eligible for 1000 tax relief;
b) Personal use vehicles valued at $1,001 to
$20,000 will be eligible for 65o tax relief;
c) Personal use vehicles valued at $20,001 or
more shall receive 65% tax relief on the first
$20,000 of value;
d) All other vehicles which do not meet the
definition of "qualifying" (business use
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vehicles, farm use vehicles, motor homes,
etc.) will not be eligible for any form of tax
relief under this program.
Pursuant to authority conferred in Item 503.D
of the 2005 State Appropriations Act, the
County Treasurer shall issue a supplemental
personal property tax bill in the amount of
100 percent of tax due without regard to any
former entitlement to state PPTRA relief, plus
applicable penalties and interest, to any
taxpayer whose taxes with respect to a
qualifying vehicle for tax year 2005 or any
prior tax year remain unpaid on September 1,
2006, or such date as state funds for
reimbursement of the state share of such bill
have become unavailable, whichever occurs
first.
e) Penalty and interest with respect to bills
issued pursuant to this section shall be
computed on the entire amount of tax owed.
Interest shall be computed at the rate
provided in Section 9-51 of the county code
from the original due date of the tax.
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Sec. 22 The County Administrator is authorized to reduce a
department's current year budget appropriation by a
dollar amount equal to the prior year's
overspending inclusive of encumbrances carried
forward.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
8.8.B. APPOINTMENTS
On motion of Mr. Warren, seconded by Ms. Durfee, the Board
suspended its rules to allow simultaneous nomination
/appointment/reappointment of members to serve on Virginia's
Gateway Region Board.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
8.B.1. VIRGINIA'S GATEWAY REGION BOARD
On motion of Mr. Gecker, seconded by Mr. Holland, the Board
simultaneously nominated/appointed Ms. Dorothy Jaeckle to
serv e on Virginia's Gateway Region Board, whose term shall
expire on September 30, 2009.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
8.C. STREETLIGHT INSTALLATION COST APPROVALS
On motion of Mr. Warren, seconded by Mr. Gecker, the Board
approved the following streetlight installations:
09-206
04/15/09
CLOVER HILL DISTRICT
• At the entrance to the Harbour Ridge subdivision
At the intersection of Harbour Pointe Road and Harbour
Ridge Road
Cost to install streetlight: $4,973.67
• At the entrance to the Providence subdivision
At the intersection of Providence Ridge Road and Reams
Road, on the existing pole
Cost to install streetlight: $79.67
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
8.D. CONSENT ITEMS
8.D.1.
DEPARTMENT CITIZENS' ACADEMY
GRADUATION OF THE CHESTERFIELD COUNTY POLICE
ADOPTION OF RESOLUTION RECOGNIZING THE TWENTIETH
On motion of Mr. Gecker, seconded by Ms. Durfee, the Board
adopted the following resolution:
WHEREAS, the mission of the Chesterfield County Police
Department is to provide a professional and unbiased response
to the needs of the community, and it is the department's
goal to establish a partnership with the citizens in
achieving a "First Choice Community through excellence in
public service"; and
WHEREAS, in keeping with its mission statement to
establish a community partnership, the Chesterfield County
Police Department developed the Citizens' Academy so that
citizens could gain a thorough understanding of police
practices and procedures and enhance communications between
the police department and the community; and
WHEREAS, in September of
Academy was established and in
graduated 21 participants; and
1999 the first Citizens'
December of that same year,
WHEREAS, since that time, the Citizens' Academy has
graduated 544 participants; and
WHEREAS, the Chesterfield County Police Department
partnered with the senior community and established the first
Senior Citizens' Academy in 2005 and since that time
graduated 4 classes and 88 participants; and
WHEREAS, the Chesterfield County Police Department,
through a partnership with SAFE (Substance Abuse Free
Environment), developed and implemented the first Teen
Academy and since that time has graduated 3 classes and 61
area high school teens; and
WHEREAS, the Citizens' Academy graduates have formed the
Chesterfield County Police Department Citizens' Academy
Alumni Association, which currently has a membership that
exceeds 250; and
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WHEREAS, effective community partnership programs such
as the Citizens' Academy excel because of relationships among
law enforcement, civic groups and individuals which instill
pride and ownership in their community.
C~
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors recognizes the implementation and
success of the Chesterfield County Police Department
Citizens' Academy program and urges all citizens to invest in
their community by participating in this program to partner
with law enforcement to make Chesterfield County a safer,
stronger, more caring community.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
8.D.2. TRANSFER OF DISTRICT IMPROVEMENT FUNDS FROM THE
BERMUDA, DALE, CLOVER HILL, MATOACA AND MIDLOTHIAN
DISTRICT IMPROVEMENT FUNDS TO THE POLICE DEPARTMENT
TO SUPPORT THE TRIAD PROGRAM
On motion of Mr. Gecker, seconded by Ms. Durfee, the Board
transferred a total of $1,275 ($255 each) from the Dale,
Matoaca, Clover Hill, Midlothian and Bermuda District
Improvement Funds to the Chesterfield County Police
Department to support the TRIAD program.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
8.D.3. REQUEST FOR A MUSIC/ENTERTAINMENT FESTIVAL PERMIT
FOR CHESTERFIELD BERRY FARM'S MUSIC FESTIVAL SERIES
On motion of Mr. Gecker, seconded by Ms. Durfee, the Board
approved a request for a music/entertainment festival permit
for Chesterfield Berry Farm's Music Festival Series on
Saturdays and Sundays from April 25 through May 31, 2009.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
8.D.4. REQUEST FROM THE CENTRAL VIRGINIA FIREFIGHTERS AND
ARSON INVESTIGATORS ASSOCIATION FOR A PERMIT TO
STAGE A FIREWORKS TRAINING EXERCISE AT THE
CHESTERFIELD COUNTY FAIRGROUNDS
On motion of Mr. Gecker, seconded by Ms. Durfee, the Board
approved a request for the Central Virginia Firefighters and
Arson Investigators Association to stage a fireworks training
exercise at the Chesterfield County Fairgrounds on May 13,
2009.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
8.D.5. ACCEPTANCE OF PARCELS OF LAND WITHIN MAGNOLIA GREEN
On motion of Mr. Gecker, seconded by Ms. Durfee, the Board
accepted the conveyance of three parcels of land containing a
total of 47.553 acres for a school, park, library and other
09-208
04/15/09
public facilities within Magnolia Green from Magnolia Green
Development, LLC and authorized the County Administrator to
execute the deed. (It is noted copies of the plats are filed
with the papers of this Board.)
Ayes: Warren, Decker, Jaeckle, Holland, and Durfee.
Nays: None.
8.D.6. AUTHORIZE THE RECEIPT AND APPROPRIATION OF GRANT
FUNDS FROM THE 2008 STATE HOMELAND SECURITY PROGRAM
GRANT
On motion of Mr. Gecker, seconded by Ms. Durfee, the Board
authorized the Fire and Emergency Medical Services Department
to receive and appropriate $100,000 in grant funds from the
2008 State Homeland Security Program Grant (SHSP).
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
8.D.7. REQUESTS FOR PERMISSION
8.D.7.a. FROM MARY W. COLE TO INSTALL A PRIVATE SEWER
SERVICE WITHIN A PRIVATE EASEMENT TO SERVE
PROPERTY ON LUNSWOOD ROAD
On motion of Mr. Gecker, seconded by Ms. Durfee, the Board
approved a request from Mary W. Cole for permission to
install a private sewer service within a private easement,
and authorized the County Administrator to execute the sewer
connection agreement. (It is noted a copy of the plat is
filed with the papers of this Board.)
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
8.D.7.b. FROM CLEVELAND AND MARTHA P. LAMISON FOR A FENCE
TO ENCROACH WITHIN A SIXTEEN-FOOT DRAINAGE EASEMENT
ACROSS LOT 57, ROUNTREY, SECTION 1
On motion of Mr. Decker, seconded by Ms. Durfee, the Board
approved a request from Cleveland Lamison and Martha P.
Lamison for permission for a fence to encroach within a 16-
foot drainage easement across Lot 57, Rountry, Section 1,
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: Warren, Decker, Jaeckle, Holland, and Durfee.
Nays: None.
8.D.7.c. FROM U. ANNETTE RICHARDSON TO USE AN EXISTING
PRIVATE SEWER SERVICE WITHIN A PRIVATE EASEMENT
SERVING PROPERTY ON BEVERLEY STREET
On motion of Mr. Decker, seconded by Ms. Durfee, the Board
approved a request from U. Annette Richardson for permission
to use an existing private sewer service within a private
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04/15/09
easement, and authorized the County Administrator to execute
the sewer connection agreement. (It is noted a copy of the
plat is filed with the papers of this Board.)
^i
Ayes: .Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
8.D.8. REQUESTS TO QUITCLAIM
8.D.8.a. A PORTION OF A TWENTY-FOOT SEWER EASEMENT ACROSS
THE PROPERTY OF CURRIN AND ASSOCIATES, LLC
On motion of Mr. Gecker, seconded by Ms. Durfee, the Board
authorized the Chairman of the Board of Supervisors and the
County Administrator to execute a quitclaim deed to vacate a
portion of a 20-foot sewer easement across the property of
Currin and Associates, LLC. (It is noted a copy of the plat
is filed with the papers of this Board.)
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
8.D.8.b. A TWENTY-FOOT SEWER EASEMENT ACROSS THE PROPERTY
OF IRONBRIDGE ROAD PROPERTIES, LLC
On motion of Mr. Gecker, seconded by Ms. Durfee, the Board
authorized the Chairman of the Board of Supervisors and the
County Administrator to execute a quitclaim deed to vacate a
20-foot sewer easement across the property of Ironbridge Road
Properties, LLC. (It is noted a copy of the plat is filed
with the papers of this Board.)
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
8.D.9. APPROPRIATION AND TRANSFER OF ADDITIONAL FUNDS 73
AND AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT
FOR THE BRANDERS BRIDGE ROAD (STONEY GLEN) PROJECT
^i
On motion of Mr. Gecker, seconded by Ms. Durfee, the Board
appropriated $114,330 in road cash proffers from Traffic Shed
18 and transferred $184,247 from the completed Centre Street
and Marobrith Road projects; and authorized the award of a
construction contract to K.P. Glass Construction for the
Branders Bridge Road (Stoney Glen) Project.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
8.D.10. STATE ROAD ACCEPTANCE
On motion of Mr. Gecker, seconded by Ms. Durfee, the Board
adopted the following resolution:
WHEREAS, the streets described below are shown on plats
recorded in the Clerk's Office of the Circuit Court of
Chesterfield County; and
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04/15/09
WHEREAS, the Resident Engineer for the Virginia
Department of Transportation has advised this Board the
streets meet the requirements established by the Subdivision
Street Requirements of the Virginia Department of
Transportation.
NOW, THEREFORE, BE IT RESOLVED, that this Board requests
the Virginia Department of Transportation to add the streets
described below to the secondary system of state highways,
pursuant to Section 33.1-229, Code of Virginia, and the
Department's Subdivision Street Requirements.
AND, BE IT FURTHER RESOLVED, that this Board guarantees
a clear and unrestricted right-of-way, as described, and any
necessary easements for cuts, fills and drainage.
AND, BE IT FURTHER RESOLVED, that a certified copy of
this resolution be forwarded to the Resident Engineer for the
Virginia Department of Transportation.
Project: Harrowgate Meadows Section 2
Type Change to the Secondary System of State Addition
Reason for Change: New subdivision street
Pursuant to Code of Virginia Statute: §33.1-229
Street Name and/or Route Number
• Harrow Drive, State Route Number 1176
From: 0.33 miles west of Harrowgate Rd., (Rt. 144)
To: Parkgate Dr., (Rt. 7373), a distance of: 0.08 miles.
Recordation Reference: Pb. 178 Pg. 78
Right of Way width (feet) = 50
• Harrow Drive, State Route Number 1176
From: Parkgate Dr., (Rt. 7373)
To: Cul-de-sac, a distance of: 0.06 miles.
Recordation Reference: Pb. 178 Pg. 78
Right of Way width (feet) = 50
• Parkgate Drive, State Route Number 7373
From: Harrow Dr., (Rt. 1176)
To: Cul-de-sac, a distance of: 0.07 miles.
Recordation Reference: Pb. 178 Pg. 78
Right of Way width (feet) = 50
• Parkgate Drive, State Route Number 7373
From: Harrow Dr., (Rt. 1176)
To: Calvingate Tr., (Rt. 7374), a distance of: 0.06 miles.
Recordation Reference: Pb. 178 Pg. 78
Right of Way width (feet) = 52
• Calvingate Terrace, State Route Number 7374
From: Parkgate Dr., (Rt. 7373)
To: Cul-de-sac, a distance of: 0.04 miles.
Recordation Reference: Pb. 178 Pg. 78
Right of Way width (feet) = 40
• Parkgate Drive, State Route Number 7373
From: Calvingate Tr., (Rt. 7374)
To: Temp EOM, a distance of: 0.03 miles.
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Recordation Reference: Pb. 178 Pg. 78
Right of Way width (feet) = 50
^i
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And, further, the Board adopted the following resolution:
WHEREAS, the streets described below are shown on plats
recorded in the Clerk's Office of the Circuit Court of
Chesterfield County; and.
WHEREAS, the Resident Engineer for the Virginia
Department of Transportation has advised this Board the
streets meet the requirements established by the Subdivision
Street Requirements of the Virginia Department of
Transportation.
NOW, THEREFORE, BE IT RESOLVED, that this Board requests
the Virginia Department of Transportation to add the streets
described below to the secondary system of state highways,
pursuant to Section 33.1-229, Code of Virginia, and the
Department's Subdivision Street Requirements.
AND, BE IT FURTHER RESOLVED, that this Board guarantees
a clear and unrestricted right-of-way, as described, and any
necessary easements for cuts, fills and drainage.
AND, BE IT FURTHER RESOLVED, that a certified copy of
this resolution be forwarded to the Resident Engineer for the
Virginia Department of Transportation.
Project: Clover Hill Iadustrial Park, Phase I
~e Change to the Secondary System of State Addition
Reason for Chaage: New subdivision street
Pursuaat to Code of Virginia Statute: §33.1-229
Street Name and/or Route Number
• Deerhill Road, State Route Number 7332
From: Warbro Rd., (Rt. 907)
To: Deerhill Lane, (Rt. 7385), a distance of: 0.08 miles.
Recordation Reference: Pb. 73 Pg. 16
Right of Way width (feet) = 60
• Deerhill Lane, State Route Number 7385
From: Deerhill Rd., (Rt. 7332)
To: Deergrove Rd., (Rt. 7333), a distance of: 0.11 miles.
Recordation Reference: Pb. 73 Pg. 16
Right of Way width (feet) = 60
• Deergrove Road, State Route Number 7333
From: Deerhill Lane, (Rt. 7385)
To: Cul-de-sac, a distance of: 0.05 miles.
Recordation Reference: Pb. 73 Pg. 16
Right of Way width (feet) = 60
• Deergrove Road, State Route Number 7333
From: Deerhill Lane, (Rt. 7385)
To: Cul-de-sac, a distance of: 0.08 miles.
Recordation Reference: Pb. 73 Pg. 16
Right of Way width (feet) = 60
• Deerhill Laae, State Route Number 7385
From: Deergrove Rd., (Rt. 7333)
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04/15/09
To: Temp EOM, a distance of: 0.01 miles.
Recordation Reference: Pb. 73 Pg. 16
Right of Way width (feet) = 60
• Deerhill Road, State Route Number 7332
From: Deerhill Lane,. (Rt. 7385)
To: Deerleaf Wy., (Rt. 7334), a distance of
Recordation Reference: Pb. 73 Pg. 16
Right of Way width (feet) = 60
• Deerleaf Way, State Route Number 7334
From: Deerhill Rd., (Rt. 7332)
To: Deerleaf Ct., (Rt. 7335), a distance of
Recordation Reference: Pb. 73 Pg. 16
Right of Way width (feet) = 60
• Deerleaf Court, State Route Number 7335
From: Deerleaf Wy., (Rt. 7334)
To: Cul-de-sac, a distance of: 0.03 miles.
Recordation Reference: Pb. 73 Pg. 16
Right of Way width (feet) = 60
• Deerleaf Court, State Route Number 7335
From: Deerleaf Wy., (Rt. 7334)
To: Cul-de-sac, a distance of: 0.05 miles.
Recordation Reference: Pb. 73 Pg. 16
Right of Way width (feet) = 60
• Deerhill Road, State Route Number 7332
From: Deerleaf Wy., (Rt. 7334)
To: Temp EOM, a distance of: 0.22 miles.
Recordation Reference: Pb. 73 Pg. 16
Right of Way width (feet) = 60
0.08 miles.
0.10 miles..
And, further, the Board adopted the following resolution:
WHEREAS, the streets described below are shown on plats
recorded in the Clerk's Office of the Circuit Court of
Chesterfield County; and
WHEREAS, the Resident Engineer for the Virginia
Department of Transportation has advised this Board the
streets meet the requirements established by the Subdivision
Street Requirements of the Virginia Department of
Transportation.
NOW, THEREFORE, BE IT RESOLVED, that this Board requests
the Virginia Department of Transportation to add the streets
described below to the secondary system of state highways,
pursuant to Section 33.1-229, Code of Virginia, and the
Department's Subdivision Street Requirements.
AND, BE IT FURTHER RESOLVED, that this Board guarantees
a clear and unrestricted right-of-way, as described, and any
necessary easements for cuts, fills and drainage.
AND, BE IT FURTHER RESOLVED, that a certified copy of
this resolution be forwarded to the Resident Engineer for the
Virginia Department of Transportation.
Project: The Sanctuary at Watermill Section A
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Reason for Change: New subdivision street
Pursuant to Code of Virginia Statute: §33.1-229
Street Name and/or Route Number
• Seabird Drive, State Route Number 7378
From: Watermill Py., (Rt. 5583)
To: Graeme Hall Cr., (Rt. 7379), a distance of: 0.14 miles.
Recordation Reference: Pb. 171, Pg. 36
Right of Way width (feet) = var
• Graeme Hall Circle, State Route Number 7379
From: Seabird Dr., (Rt. 7378)
To: Cul-de-sac, a distance of: 0.06 miles.
Recordation Reference: Pb. 171, Pg. 36
Right of Way width (feet) = 40
• ~ Seabird Drive, State Route Number 7378
From: Graeme Hall Cr., (Rt. 7379)
To: Wing Haven P1., (Rt. 7380), a distance of: 0.11 miles.
Recordation Reference: Pb. 171, Pg. 36
Right of Way width (feet) = 50
• Wiag Haven Place, State Route Number 7380
From: Seabird Dr,. (Rt. 7378)
To: Cul-de-sac, a distance of: 0.05 miles.
Recordation Reference: Pb. 171, Pg. 36
Right of Way width (feet) = 40
• Wing Haven Place, State Route Number 7380
From: Seabird Dr., (Rt. 7378)
To: Cul-de-sac, a distance of: 0.05 miles.
Recordation Reference: Pb. 171, Pg. 36
Right of Way width (feet)•= 50
And, further, the Board adopted the following resolution:
WHEREAS, the streets described below are shown on plats
recorded in the Clerk's Office of the Circuit Court of
Chesterfield County; and
WHEREAS, the Resident Engineer for the Virginia
Department of Transportation has advised this Board the
streets meet the requirements established by the Subdivision
Street Requirements of the Virginia Department of
Transportation.
NOW, THEREFORE, BE IT RESOLVED, that this Board requests
the Virginia Department of Transportation to add the streets
described below to the secondary system of state highways,
pursuant to Section 33.1-229, Code of Virginia, and the.
Department's Subdivision Street Requirements.
AND, BE IT FURTHER RESOLVED, that this Board guarantees
a clear and unrestricted right-of-way, as described, and any
necessary easements for cuts, fills and drainage.
AND, BE IT FURTHER RESOLVED, that a certified copy of
this resolution be forwarded to the Resident Engineer for the
Virginia Department of Transportation.
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Project: Berkley Village Section A at Charter Colony
Type Change to the Secondary System of State Addition
Reason for Change: New subdivision street
Pursuant to Code of Virginia Statute: §33.1-229
Street Name aad/or Route Number
• Charter Walk Lane, State Route Number 7276
From: 0.01 miles west of Charter Landing Dr., (Rt. 7277)
To: Charters Bluff T1., (Rt. 7355), a distance of: 0.05 miles.
Recordation Reference: Pb. 168; Pg. 89
Right of Way width (feet) = 44
• Charters Bluff Trail, State Route Number 7355
From: Charter Walk Ln., (Rt. 7276)
To: Charters Bluff Pl., (Rt. 7356), a distance of: 0.04 miles.
Recordation Reference: Pb. 168; Pg. 89
Right of Way width (feet) = 44
• Charters Bluff Place, State Route Number 7356
From: Charters Bluff Tl., (Rt. 7355)
To: Cul-de-sac, a distance of: 0.04 miles.
Recordation Reference: Pb. 168; Pg. 89
Right of Way width (feet) = 44
• Charters Bluff Trail, State Route Number 7355
From: Charters Bluff Pl., (Rt. 7356)
To: Cul-de-sac, a distance of: 0.06 miles.
Recordation Reference: Pb. 168; Pg. 89
Right of Way width (feet) = 44
• Charters Bluff Trail, State Route Number 7355
From: Charter Walk Ln., (Rt. 7276)
To: Cul-de-sac, a distance of: 0.12 miles.
Recordation Reference: Pb. 168; Pg. 89
Right of way width (feet) = 44
• Charter Walk Laae, State Route Number 7276
From: Charters Bluff T1., (Rt. 7355)
To: Charter Walk Ct., (Rt. 7358), a distance of: 0.06 miles.
Recordation Reference: Pb. 168; Pg. 89
Right of Way width (feet) = 44
• Charter Walk Court, State Route Number 7358
From: Charter Walk Lane, (Rt. 7276)
To: Cul-de-sac, a distance of: 0.06 miles.
Recordation Reference: Pb. 168; Pg. 89
Right of Way width (feet) = 44
• Charter Walk Lane, State Route Number 7276
From: Charter Walk Ct., (Rt. 7358)
To: Charter Walk P1., (Rt. 7359), a distance of: 0.06 miles.
Recordation Reference: Pb. 168; Pg. 89
Right of Way width (feet) = 44
• Charter Walk Place, State Route Number 7359
From: Charter Walk Lane, (Rt. 7276)
To: Cul-de-sac, a distance of: 0.03 miles.
Recordation Reference: Pb. 168; Pg. 89
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Right of Way width (feet) = 44
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• Charter Walk Laae, State Route Number 7276
From: Charter Walk Pl., (Rt. 7359)
To: 0.03 miles west of Charter Walk P1., (Rt. 7359), a distance of:
0.03 miles.
Recordation Reference: Pb. 168; Pg. 89
Right of Way width (feet) = 44
And, further, the Board adopted the following resolution:
WHEREAS, the streets described below are shown on plats
recorded in the Clerk's Office of the Circuit Court of
Chesterfield County; and
WHEREAS, the Resident Engineer for the Virginia
Department of Transportation has advised this Board the
streets meet the requirements established by the Subdivision
Street Requirements of the Virginia Department of
Transportation.
NOW, THEREFORE, BE IT RESOLVED, that this Board requests
the Virginia Department of Transportation to add the streets
described below to the secondary system of state highways,
pursuant to Section 33.1-229, Code of Virginia, and the
Department's Subdivision Street Requirements.
AND, BE IT FURTHER RESOLVED, that this Board guarantees
a clear and unrestricted right-of-way, as described, and any
necessary easements for cuts, fills and drainage.
AND, BE IT FURTHER RESOLVED, that a certified copy of
this resolution be forwarded to the Resident Engineer for the
Virginia Department of Transportation.
Project: Stewart Village Section A at Charter Colony
Type Change to the Secondary System of State Addition
Reason for Change: New subdivision street
Pursuant to Code of Virginia Statute: §33.1-229
Street Name and/or Route Number
• Charter Forest Drive, State Route Number 7360
From: Charter Park Dr., (Rt. 7354)
To: Colony Oak Lane, (Rt. 7363), a distance of: 0.04 miles.
Recordation Reference: Pb. 165, Pg. 39
Right of Way width (feet) = 44
• Colony Forest Drive, State Route Number 7360
From: Colony Oak Lane, (Rt. 7363)
To: Colony Forest Ct., (Rt. 7361), a distance of: 0.05 miles.
Recordation Reference: Pb. 165, Pg. 39
Right of Way width (feet) = 44
• Colony Forest Court, State Route Number 7361
From: Colony Forest Dr., (Rt. 7360)
To: Cul-de-sac, a distance of: 0.02 miles.
Recordation Reference: Pb. 165, Pg. 39
Right of Way width (feet) = 44
• Colony Forest Drive, State Route Number 7360
From: Colony Forest Ct., (Rt. 7361)
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04/15/09
To: Colony Forest Pl., (Rt. 7362), a distance of: 0.15 miles.
Recordation Reference: Pb. 165, Pg. 39
Right of Way width (feet) = 44
• Colony Forest Place, State Route Number 7362
From: Colony Forest Dr., (Rt. 7360)
To: Cul-de-sac, a distance of: 0.02 miles.
Recordation Reference: Pb. 165, Pg. 39
Right of Way width (feet) = 44
• Colony Forest Drive, State Route Number 7360
From: Colony Forest Pl., (Rt. 7362)
To: Colony Oak Lane, (Rt. 7363), a distance of: 0.07 miles.
Recordation Reference: Pb. 165, Pg. 39
Right of Way width (feet) = 44
• Colony Oak Lane, State Route Number 7363
From: Colony Forest Dr., (Rt. 7360)
To: Colony Forest Dr., (Rt. 7360), a distance of: 0.21 miles.
Recordation Reference: Pb. 165, Pg. 39
Right of Way width (feet) = 44
• Colony Oak Lane, State Route Number 7363
From: Colony Forest Dr., (Rt. 7360)
To: Cul-de-sac, a distance of: 0.02 miles.
Recordation Reference: Pb. 165, Pg. 39
Right of Way width (feet) = 44
And, further, the Board adopted the following resolution:
WHEREAS, the streets described below are shown on plats
recorded in the Clerk's Office of the Circuit Court of
Chesterfield County; and
WHEREAS, the Resident Engineer for the Virginia
Department of Transportation has advised this Board the
streets meet the requirements established by the Subdivision
Street Requirements of the Virginia Department of
Transportation.
NOW, THEREFORE, BE IT RESOLVED, that this Board requests
the Virginia Department of Transportation to add the streets
described below to the secondary system of state highways,
pursuant to Section 33.1-229, Code of Virginia, and the
Department's Subdivision Street Requirements.
AND, BE IT FURTHER RESOLVED, that this Board guarantees
a clear and unrestricted right-of-way, as described, and any
necessary easements for cuts, fills and drainage.
AND, BE IT FURTHER RESOLVED, that a certified copy of
this resolution be forwarded to the Resident Engineer for the
Virginia Department of Transportation.
Project: Charter Park Drive
Tune Change to the Secondary System of State Addition
Reason for Change: New subdivision street
Pursuant to Code of Virginia Statute: §33.1-229
Street Name and/or Route Number
• Charter Park Drive, State Route Number 7354
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From: Woolridge Rd., (Rt. 668)
To: 0.07 miles north of Woolridge Rd.,
miles.
Recordation Reference: Db. 6801, Pg. 448
Right of Way width (feet) = 80
(Rt. 668), a distance of: 0.07
• Charter Park Drive, State Route Number 7354
From: 0.07 miles north of Woolridge Rd., (Rt. 668)
To: Charter Landing Dr., (Rt. 7277), a distance of: 0.11 miles.
Recordation Reference: Db. 6801, Pg. 448
Right of Way width (feet) = 60
• Charter Laading Drive, State Route Number 7277
From: Charter Park Dr., (Rt. 7354)
To: 0.01 miles east of Charter Park Dr., (Rt. 7354), a distance of:
0.01 miles.
Recordation Reference: Db. 6801, Pg. 448
Right of Way width (feet) = 62
• Charter Park Drive, State Route Number 7354
From: Charter Landing Dr., (Rt. 7277)
To: 0.09 miles northwest of Charter Landing Dr., (Rt. 7277), a distance
of: 0.09 miles.
Recordation Reference: Db. 6801, Pg. 448
Right of Way width (feet) = 68
• Charter Park Drive, State Route Number 7354
From: 0.09 miles northwest of Charter Landing Dr.,
To: 0.25 miles northwest of Charter Landing Dr.,
of: 0.16 miles.
Recordation Reference: Db. 6801, Pg. 448
Right of Way width (feet) = 60
• Charter Park Drive, State Route Number 7354
From: 0.25 miles northwest of Charter Landing Dr.,
To: Temp EOM, a distance of: 0.06 miles.
Recordation Reference: Db. 6801, Pg. 448
Right of Way width (feet) = 68
(Rt. 7277)
(Rt. 7277), a distance
(Rt. 7277)
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
9. REPORTS
9.A. REPORT ON DEVELOPER WATER AND SEWER CONTRACTS
9.B. REPORT ON STATTJS OF GENERAL FUND BALANCE, RESERVE FOR
FUTURE CAPITAL PROJECTS, DISTRICT IMPROVEMENT FUNDS
AND LEASE PURCHASES
9.C. REPORT ON ROADS ACCEPTED INTO THE STATE SECONDARY
SYSTEM
On motion of Ms. Durfee, seconded by Mr. Gecker, the Board
accepted the following reports: a Report on Developer Water
and Sewer Contracts and a Report on the Status of General
Fund Balance, Reserve for Future Capital. Projects, District
Improvement Funds, and Lease Purchases.
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04/15/09
And, further, the following roads were accepted into the
State Secondary System:
LENGTH
FOXCREEK-PRIMROSE 1
(Effective 03/23/2009)
Arwen Mews (Route 7325) - From Primrose Tarry
Drive (Route 7319) to cul-de-sac 0.07 Mi.
Burnt Mills Lane (Route 7327) - From Primrose
Tarry Drive (Route 7319) to temporary end
of maintenance 0.01 Mi.
Primrose Tarry Drive (Route 7319) - From 0.01
miles southeast of Foxcreek Crossing (Route 7297)
to Arwen Mews (Route 7325) 0.03 Mi.
Primrose Tarry Drive (Route 7319) - From Arwen
Mews (Route 7325) to Rivershook Terrace
(Route 7326) 0.07 Mi.
Primrose Tarry Drive (Route 7319) - From
Rivershook Terrace (Route 7326) to Burnt
Mills Lane (Route 7327) 0.08 Mi.
Primrose Tarry Drive (Route 7319) - From Burnt
Mills Lane (Route 7327) to cul-de-sac 0.05 Mi.
Rivershook Terrace (Route 7326) - From Primrose
Tarry Drive (Route 7319) to cul-de-sac 0.07 Mi.
Thistledew Mews (Route 7324) - From Primrose
Tarry Drive (Route 7319) to cul-de-sac 0.04 Mi.
IVYSTONE, SECTION 2
(Effective 03/16/2009)
Kilt Drive (Route 7336) - From Bermuda Orchard
Lane (Route 828) to Loretto Way (Route 7337) 0.40 Mi.
Kilt Drive (Route 7336) - From Loretto Way (Route
7337) to cul-de-sac 0.05 Mi.
Loretto Way (Route 7337) - From Kilt Drive
(Route 7336) to Tralee Drive (Route 7211) 0.08 Mi.
Tralee Drive (Route 7211) - From Loretto Way
(Route 7337) to cul-de-sac 0.03 Mi.
JESSUP FARMS H
(Effective 03/19/2009)
Moonlight Drive (Route 7209) - From Hackney Road
(Route 2326) to Niles Road (Route 2330) 0.06 Mi.
Moonlight Drive (Route 7209) - From Niles Road
(Route 2330) to cul-de-sac 0.04 Mi.
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Niles Road (Route 2330) - From Rollback Drive
(Route 7210) to cul-de-sac 0.07 Mi.
Niles Road (Route 2330) - From 0.05 miles north
of Moonlight Drive (Route 7209) - Existing
Route 2330 to Moonlight Drive (Route 7209) 0.05 Mi.
Niles Road (Route 2330) - From Moonlight Drive
(Route 7209) to Rollback Drive (Route 7210) 0.02 Mi.
Rollback Drive (Route 7210) - From Niles Road
(Route 2330) to cul-de-sac 0.04 Mi.
MEADOWVILLE LANE
(Effective 03/23/2009)
Meadowville Lane (Route 7142) - From Meadowville
Road (Route 618) to 0.35 miles south of
Meadowville Road (Route 618) 0.35 Mi.
RAMBLEWOOD FOREST
(Effective 03/16/2009)
Carty Bay Drive (Route 7340) - From Litwack Cove
Drive (Route 7338) to Parsons Bay Drive
(Route 7341) 0.06 Mi.
Chaplin Bay Drive (Route 7342) - From Parsons
Bay Drive (Route 7341) to Mangrove Bay Drive
(Route 7343) 0.06 Mi.
Chaplin Bay Drive (Route 7342) - From Mangrove
Bay Drive (Route 7343) to cul-de-sac 0.07 Mi.
Greyledge Boulevard (Route 7344) - Tobacco Bay
Place (Route 7348) to temporary end of
maintenance 0.04 Mi.
Greyledge Boulevard (Route 7344) - From Greyledge
Mews (Route 7346) to Tobacco Bay Court
(Route 7347) 0.06 Mi.
Greyledge Boulevard (Route 7344) - From Greyledge
Turn (Route 7345) to Greyledge Mews (Route 7346) 0.03 Mi.
Greyledge Boulevard (Route 7344) - From Mangrove
Bay Drive (Route 7343) to Greyledge Turn
(Route 7345) 0.09 Mi.
Greyledge Mews (Route 7346) - From Greyledge
Boulevard (Route 7344) to cul-de-sac 0.04 Mi.
Greyledge Turn (Route 7345) - From Greyledge
Boulevard (Route 7344) to cul-de-sac 0.05 Mi.
Litwack Cove Drive (Route 7338) - From Carty Bay
Drive (Route 7340) to cul-de-sac 0.04 Mi.
Litwack Cove Drive (Route 7338) - From Litwack
Cove Terrace (Route 7339) to Carty Bay
Drive (Route 7340) 0.16 Mi.
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Litwack Cove Drive (Route 7338) - From Ramblewood
Drive (Route 617) to Litwack Cove Terrace
(Route 7339) 0.05 Mi.
Litwack Cove Terrace (Route 7339) - From
Litwack Cove Drive (Route 7338) to cul-de-sac 0.12 Mi.
Mangrove Bay Drive (Route 7343) - From
Greyledge Boulevard (Route 7344) to
temporary end of maintenance 0.02 Mi.
Mangrove Bay Drive (Route 7343) - From Chaplin
Bay Drive (Route 7342) to Greyledge Boulevard
(Route 7344) 0.04 Mi.
Parsons Bay Drive (Route 7341) - From Carty
Bay Drive (Route 7340) to Chaplain Bay Drive
(Route 7342) 0.04 Mi.
Parson Bay Drive (Route 7341) - From Carty Bay
Drive (Route 7340) to cul-de-sac 0.04 Mi.
Parsons Bay Drive (Route 7341) - From Chaplin
Bay Drive (Route 7342) to cul-de-sac 0.03 Mi.
Tobacco Bay Court (Route 7347) - From
Greyledge Boulevard (Route 7344) to cul-de-sac 0.04 Mi.
Tobacco Bay Place (Route 7348) - From
Greyledge Boulevard (Route 7344) to cul-de-sac 0.09 Mi.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
10. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED
MATTERS
There were no speakers at this time.
11. DINNER
On motion of Mr. Holland, seconded by Ms. Durfee, the Board
recessed to the Lane B. Ramsey Administration Building, Room
502, for dinner.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
Reconvening:
12. INVOCATION
Pastor Mary Beth Blinn, Providence United Methodist Church,
gave the invocation.
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13. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF
AMERICA
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Eagle Scout Matthew Weinstock led the Pledge of Allegiance to
the Flag of the United States of America.
14. RESOLUTIONS
14.B. RECOGNIZING BOY SCOUTS UPON ATTAINING THE RANK OF
EAGLE SCOUT
14.B.1. MR. MATTHEW SLOAN WEINSTOCK, MIDLOTHIAN DISTRICT
14.B.2. MR. JAKE SAMUEL UPSON, MIDLOTHIAN DISTRICT
14.B.3. MR. MATTHEW HUNTER JOHNSON, BERMUDA DISTRICT
14.B.4. MR. RICHARD BRADLEY AMOS, BERMUDA DISTRICT
14.B.5. MR. ALAN KEITH NOWLIN, JR., BERMUDA DISTRICT
Mr. Kappel introduced Mr. Matthew Sloan Weinstock, Mr. Jake
Samuel Upson, Mr. Matthew Hunter Johnson, Mr. Richard Bradley
Amos and Mr. Alan Keith Nowlin, Jr., who were present with
their families, to receive the resolutions.
On motion of Mr. Holland, seconded by Ms. Durfee, the Board
adopted the following resolution:
WHEREAS, the Boy Scouts of America was incorporated by
Mr. William D. Boyce on February 8, 1910, and was chartered
by Congress in 1916; and
WHEREAS, the Boy Scouts of America was founded to build
character, provide citizenship training and promote physical
fitness; and
WHEREAS, after earning at least twenty-one merit badges
in a wide variety of skills including leadership, service and
outdoor life, serving in a leadership position in a troop,
carrying out a service project beneficial to their community,
being active in the troop, demonstrating Scout spirit, and
living up to the Scout Oath and Law, Mr. Matthew Sloan
Weinstock and Mr. Jake Samuel Upson, both of Troop 1810,
sponsored by the Church of the Epiphany, Mr. Matthew Hunter
Johnson, of Troop 2877, sponsored by Chester Presbyterian
Church, Mr. Richard Bradley Amos, Troop 178, sponsored by
Ivey Memorial United Methodist Church, and Mr. Alan Keith
Nowlin, Jr., Venture Crew 2831, sponsored by Woodlake United
Methodist Church, have accomplished those high standards of
commitment and have reached the long-sought goal of Eagle
Scout which is received by only four percent of those
individuals entering the Scouting movement; and
WHEREAS, growing through their experiences in Scouting,
learning the lessons of responsible citizenship, and
endeavoring to prepare themselves for roles as leaders in
society, Matthew, Jake, Hunter, Richard and Alan have
distinguished themselves as members of a new generation of
prepared young citizens of whom we can all be very proud.
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NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors, this 15th day of April 2009,
hereby extends its congratulations to Mr. Matthew Sloan
Weinstock, Mr. Jake Samuel Upson, Mr. Matthew Hunter Johnson,
Mr. Richard Bradley Amos and Mr. Alan Keith Nowlin, Jr. and
acknowledges the good fortune of the county to have such
outstanding young men as its citizens.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
Mr. Gecker and Ms. Jaeckle presented the executed resolutions
and badges to the scouts, congratulated them on their
achievements and wished them well in future endeavors.
Mr. Weinstock, Mr. Upson, Mr. Johnson, Mr. Amos and Mr.
Nowlin each presented details of their Eagle Scout projects
and expressed appreciation to their parents for their
support.
14.C. RECOGNIZING APRIL 21-25, 2009, AS "CHESTERFIELD
COUNTY CLASSICS WEEK"
Mr. Kappel introduced members of the Junior Classical League
chapter of Midlothian High School who were present to receive
the resolution.
On motion of Mr. Holland, seconded by Ms. Durfee, the Board
adopted the following resolution:
WHEREAS, the National Junior Classical League was
founded in 1936 to encourage an interest in and an
appreciation of the language, literature and culture of
ancient Greece and Rome; and
WHEREAS, throughout Chesterfield County, there are 19
schools that offer courses in the Classics, comprising 1789
Latin, Greek, and Classics pupils; and
WHEREAS, the Virginia Junior Classical League is a long-
time affiliate of the American Classical League, founded in
1919 for the purpose of fostering the study of classical
languages in the United States and Canada; and
WHEREAS, Chesterfield County's Junior Classical League
chapters are tangibly involved in the educational needs of
their student members and are committed to a better future
for their students and the community, through active
participation in service and outreach projects; and
WHEREAS, Chesterfield County's Junior Classical League
members believe that the Classics continue to hold a vital
and significant place in today's culture; and the
Chesterfield Junior Classical League chapters, comprised of
students and teachers, believe that continued emphasis on the
study of the Classics is essential, if appreciation of the
Classics in language, arts, and Western culture is to remain
strong and valuable; and
WHEREAS, Chesterfield County Classics Week is held in
commemoration of the traditional anniversary of the founding
of ancient Rome; and
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WHEREAS, Chesterfield County recognizes the relevance of
Classical culture upon its own unique history, the wide
interest that countless Chesterfield citizens hold for the
Classics, and the advantages that a study of the Classical
world offers to all students.
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NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors, this 15th day of April 2009,
publicly recognizes April 21-25, 2009, as "Chesterfield
County Classics Week," and calls this observance to the
attention of its citizens.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
Mr. Gecker presented the executed resolution to Mr. Bryan
Kauder, First Vice-President of the Virginia Junior Classical
League and the Midlothian High School Latin Club, and stated
it was a delight to have the League at Midlothian High
School.
Mr. Kauder expressed appreciation for the recognition and
provided an explanation of what the Junior Classical League
does for the community.
14.A. RECOGNIZING THE 2009 MISS CHESTERFIELD SCHOLARSHIP
PAGEANT WINNERS
Mr. Kappel introduced Miss Stephanie Connelly, Miss
Chesterfield; Miss Vishaka Ravishankar, Miss Chesterfield
Outstanding Teen; Miss Carson Kirk, Miss Chesterfield
Outstanding Preteen; Miss Sydney Carmony, Little Miss
Chesterfield; and Miss Nicole Gery, Miss Chesterfield
Princess, who were present to receive their resolutions.
14.A.1. MISS STEPHANIE CONNELLY, MISS CHESTERFIELD
On motion of Mr. Holland, seconded by Mr. Warren, the Board
adopted the following resolution:
WHEREAS, the 2009 Miss Chesterfield Pageant was
conducted on Saturday, January 10, 2009 at Cosby High School;
and
WHEREAS, the pageant is part of the Miss America System,
and the Miss Virginia Pageant, an affiliate state
preliminary, both part of an open system that allows Virginia
residents or full-time students enrolled in Virginia schools
to compete at any local pageant, and which recognizes
outstanding young women in our communities; and
WHEREAS, Miss Stephanie Connelly was selected as 2009
Miss Chesterfield; and
WHEREAS, Miss Connelly is a 21-year-old Junior at
Virginia Tech, double majoring in Sociology and Political
Science, with a minor in Leadership and Social Change; and
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04/15/09
WHEREAS, Miss Connelly excels in academics, and has
exhibited strong leadership qualities; and
WHEREAS, among her many activities, Miss Connelly is the
program leader for a YMCA after-school tutoring program for
4th and 5th-grade students; and
WHEREAS, Miss Connelly also is the program leader for
the YMCA's Buddy Program, which pairs a volunteer mentor with
a college-aged individual with an intellectual disability;
and .
WHEREAS, Miss Connelly also mentors 7th-grade girls on
issues such as self-confidence and peer pressure through her
involvement with the AWARE program at the Women's Center of
Virginia Tech; and
WHEREAS, Miss Connelly is an officer in the Best Buddies
program at Virginia Tech, where she mentors an individual
with Down Syndrome; and
WHEREAS, Miss Connelly will be working with the Make-A-
Wish Foundation and the Children's Miracle Network this
semester; and
WHEREAS, Miss Connelly exemplifies her personal
platform, "Make Your Mark: Get Involved, Today!" through her
many community-service activities.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors, this 15th day of April 2009,
publicly recognizes the exemplary achievements of Miss
Stephanie Connelly, congratulates her on being named Miss
Chesterfield 2009, extends best wishes for continued success
in her academic pursuits, and is proud to have her represent
Chesterfield County, Virginia, as she continues with her
higher education.
AND, BE IT FURTHER RESOLVED that a copy of this
resolution be presented to Miss Connelly, and that this
resolution be permanently recorded among the papers of this
Board of Supervisors of Chesterfield County, Virginia.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
14.A.2. MISS VISHAKA RAVISHANKAR, MISS CHESTERFIELD
OUTSTANDING TEEN
On motion of Mr. Holland, seconded by Mr. Warren, the Board
adopted the following resolution:
WHEREAS, the 2009 Miss Chesterfield Pageant was
conducted on Saturday, January 10, 2009 at Cosby High School;
and
WHEREAS, the pageant is part of the Miss America System,
and the Miss Virginia Pageant, an affiliate state
preliminary, both part of an open system that allows Virginia
residents or full-time students enrolled in Virginia schools
to compete at any local pageant, and which recognizes
outstanding young women in our communities; and
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WHEREAS, Miss Vishaka Ravishankar is Miss Chesterfield's
Outstanding Teen 2009; and
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WHEREAS, Miss Ravishankar is a 16-year-old Junior at
Thomas Jefferson High School for Science and Technology in
Northern Virginia; and
WHEREAS, she is vice president of the Indian Culture
club at her school, as well as co-president of the Spanish
Club; and
WHEREAS, Miss Ravishankar is a member of the National
Honor Society and the Varsity Dance Team; and
WHEREAS, she has chosen as her platform the issue of
Global Literacy, and
WHEREAS, she serves as a positive role model to her
peers each day; and
WHEREAS, Miss Ravishankar aspires to become a
pediatrician; and
WHEREAS, Miss Ravishankar is an outstanding
representative of Virginia youths and brings credit to
Chesterfield County, Virginia by virtue of her title as Miss
Chesterfield's Outstanding Teen 2009.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors, this 15th day of April 2009,
publicly recognizes the exemplary achievements of Miss
Vishaka Ravishankar, congratulates her on being named Miss
Chesterfield's Outstanding Teen 2009, and extends best wishes
for continued success in her academic pursuits.
AND, BE IT FURTHER RESOLVED that a copy of this
resolution be presented to Miss Ravishankar, and that this
resolution be permanently recorded among the papers of this
Board of Supervisors of Chesterfield County, Virginia.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
14.A.3. MISS CARSON KIRK, MISS CHESTERFIELD OUTSTANDING
PRETEEN
On motion of Mr. Holland, seconded by Mr. Warren, the Board
adopted the following resolution:
WHEREAS, the 2009 Miss Chesterfield Pageant was
conducted on Saturday, January 10, 2009 at Cosby High School;
and
WHEREAS, the pageant is part of the Miss America System,
and the Miss Virginia Pageant, an affiliate state
preliminary, both part of an open system that allows Virginia
residents or full-time students enrolled in Virginia schools
to compete at any local pageant, and which recognizes
outstanding young women in our communities; and
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WHEREAS, Miss Carson Kirk is Miss Chesterfield's
Outstanding Preteen 2009; and
WHEREAS, Miss Kirk is a sixth-grade honor-roll student
at Tomahawk Creek Middle School; and
WHEREAS, she serves on the school's Student. Council; and
WHEREAS, Miss Kirk enjoys volunteering and tap dancing
in her spare time; and
WHEREAS, Miss Kirk is a member of the petite company at
Spotlight Studio of Dance; and
WHEREAS, she has volunteered more than 300 hours of her
time to assist local organizations including the Girl Scouts,
the Cosby High School PTA, Children's Miracle Network, St.
Jude's Hospital and others; and
WHEREAS, Miss Kirk is currently starting her own
charity, "Make Room in Your Heart," to raise money for
redecorating bedrooms of young people with cancer; and
WHEREAS, Miss Kirk also is the reigning 2008 Miss
Virginia American Preteen; and
WHEREAS, she will represent Chesterfield County at the
Miss Virginia Outstanding Preteen Pageant in Roanoke this
June.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors, this 15th day of April 2009,
publicly recognizes the exemplary achievements of Miss Carson
Kirk, congratulates her on being named Miss Chesterfield's
Outstanding Preteen 2009, and extends best wishes for
continued success in her academic pursuits.
AND, BE IT FURTHER RESOLVED that a copy of this
resolution be presented to Miss Kirk, and that this
resolution be permanently recorded among the papers of this
Board of Supervisors of Chesterfield County, Virginia.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
14.A.4. MISS SYDNEY CARMONY, LITTLE MISS CHESTERFIELD
On motion of Mr. Holland, seconded by Mr. warren, the Board
adopted the following resolution:
WHEREAS, the 2009 Miss Chesterfield Pageant was
conducted on Saturday, January 10, 2009 at Cosby High School;
and
WHEREAS, the pageant is part of the Miss America System,
and the Miss Virginia Pageant, an affiliate state
preliminary, both part of an open system that allows Virginia
residents or full-time students enrolled in Virginia schools
to compete at any local pageant, and which recognizes
outstanding young women in our communities; and
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WHEREAS, Miss Sydney Elizabeth Carmony has been selected
as Little Miss Chesterfield 2009; and
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WHEREAS, Miss Carmony is a third-grade student at Enon
Elementary School; and
WHEREAS, she has achieved Academic Honors and received
an Advanced Reading Award; and
WHEREAS, Miss Carmony enjoys volunteering and has
received the Terrific Kids Award for Volunteerism; and
WHEREAS, she was selected for the Kid of the Month - Caring
for Others Award; and
WHEREAS, Miss Carmony also earned the Gold Presidential
Service Volunteer Award for donating 100 hours of service;
and
WHEREAS, Miss Carmony aspires to be a professional
dancer and teacher, and was a Day of Dance 2007 Entertainer;
and
WHEREAS, she also has provided volunteer community
service in support of the Annual Relay for Life, the CMN
Royal Ball, Making Cards for Children and the "Hats off For
Cancer" hat drive for pediatric cancer patients; and
WHEREAS, Miss Carmony's platform is her Syd's Stuffed
Animal Friends for Pediatric Cancer Patients effort.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors, this 15th day of April 2009,
publicly recognizes the exemplary achievements of Miss Sydney
Elizabeth Carmony, congratulates her on being named Little
Miss Chesterfield 2009, and extends best wishes for continued
success in her academic pursuits.
AND, BE IT FURTHER RESOLVED that a copy of this
resolution be presented to Miss Carmony, and that this
resolution be permanently recorded among the papers of this
Board of Supervisors of Chesterfield County, Virginia.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
14.A.5. MISS NICOLE GERY, MISS CHESTERFIELD PRINCESS
On motion of Mr. Holland, seconded by Mr. Warren, the Board
adopted the following resolution:
WHEREAS, the 2009 Miss Chesterfield Pageant was
conducted on Saturday, January 10, 2009 at Cosby High School;
and
WHEREAS, the pageant recognizes outstanding, talented
young women in our communities; and
WHEREAS, Miss Nicole Ann Gery was selected as 2009's
Miss Chesterfield Princess; and
WHEREAS, Miss Gery is a six-year-old first-grader at
Jackson Davis Elementary School in Richmond, Virginia; and
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WHEREAS, Miss Gery enjoys dance, swimming, ice-skating
and gymnastics in addition to participating in pageants; and
WHEREAS, Miss Gery's grandparents are Anne and Gilbert
Weeks, who have lived in Chesterfield County most of their
lives; and
WHEREAS, Miss Gery visits her grandparents in
Chesterfield County each week; and
WHEREAS, Miss Gery already exhibits poise and self-
confidence that are advanced for someone her age; and
WHEREAS, participation in the athletic, academic and
social activities in which she is interested is helping Miss
Gery to develop as an individual who will have the tools she
needs to succeed in whatever endeavors she chooses to pursue;
and
WHEREAS, Miss Gery exemplifies the type of young lady of
whom we can all be very proud.
NOW, THEREFORE, BE IT RESOLVED, that the Chesterfield
County Board of Supervisors, this 15th day of April 2009,
publicly recognizes the exemplary achievements of Miss Nicole
Ann Gery, congratulates her on being named Miss Chesterfield
Princess 2009, extends best wishes for continued success in
her academic, athletic and pageant pursuits, and is proud to
have her bear the title of Miss Chesterfield Princess 2009.
AND, BE IT FURTHER RESOLVED that a copy of this
resolution be presented to Miss Gery, and that this
resolution be permanently recorded among the papers of this
Board of Supervisors of Chesterfield County, Virginia.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
Ms. Durfee presented the executed resolutions to the Miss
Chesterfield Scholarship Pageant winners, expressed
appreciation for their representation of Chesterfield County,
congratulated them on their achievements and wished them well
in future endeavors.
Miss Connelly, Miss Ravishankar, Miss Kirk, Miss Carmony, and
Miss Gery each provided details of projects or events they
have taken part in since being crowned.
15. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED
MATTERS
There were no speakers at this time.
16. PUBLIC HEARINGS
16.A. TO CONSIDER AMENDING THE COUNTY CODE RELATING TO
CRIME PREVENTION THROUGH ENVIRONMENTAL DESIGN
Mr. Jim Eicher stated this date and time has been advertised
for a public hearing for the Board to consider amending the
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County Code relating to Crime Prevention Through
Environmental Design. He stated the Crime Prevention Through
Environmental Design is a proactive approach to prevent
opportunities for offenders. He reviewed the benefits of the
OPTED zoning regulations.
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Mr. Warren called for public comment.
There being no one to address this request, the public
hearing was closed.
Ms. Jaeckle expressed concerns relative to moving from
guidance during zoning cases to an ordinance. She stated she
would like to see the Police Department more involved
throughout the entire zoning process. She further stated the
location of the multi-family units contributes to the amount
of crime also.
Mr. Eicher stated no additional staff would be added if the
ordinance is adopted.
Ms. Jaeckle stated if it is more profitable for developers to
incorporate the OPTED standards, they should be willing to do
the suggestions on their own.
Mr. Eicher stated the Police Department could never prove
that crimes were prevented with the guidance of the OPTED
standards.
Discussion ensued relative to the OPTED guidelines currently
being used in the zoning process.
Ms. Durfee stated she agrees with trying to be proactive with
helping some of the problems that occur and the cost savings
down the road for the developer. She further stated the
OPTED ordinance will assist with preventing blight in the
county.
In response to Ms. Durfee's questions, Mr. Eicher stated the
Planning Commission's vote was 4 to 1 and the one negative
vote was against having more regulations placed on
developers. He further stated currently Henrico wants to
enact a OPTED ordinance and there are 15 or 16 localities in
the state which have guidelines for the zoning process, but
none have put them in their zoning ordinances.
Mr. Holland stated the safety of the citizens is very
important.
In response to Mr. Holland's question, Mr. Eicher stated the
Police Chief and the Director of Planning both support the
proposed ordinance amendment.
Mr. Holland stated at a recent Dale District meeting, the
citizens were concerned with safety.
Ms. Jaeckle stated she does support the safety of the
citizens and it is important for Police and Planning to work
together to process an entire zoning case and determine
whether or not a development will be safe.
Mr. Eicher stated the proposed ordinance amendment would be
setting a standard to help guarantee safety in the future.
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Ms. Durfee stated the proposed guidelines would provide
consistency to the zoning process. She further stated the
guidelines would allow some flexibility and would give the
county something to enforce.
Mr. Eicher provided a summary of legislation which enables
the proposed ordinance.
In response to Mr. Warren's questions, Mr. Eicher stated
Henrico County is trying to get an ordinance adopted but no
one in the state has a OPTED ordinance. He further stated
other localities in the state do have CPTED positions and
they spend their time doing free security assessments.
Mr. Gecker stated mandating CPTED guidelines through the
zoning ordinance is not needed and he would like to see the
Police Department weighing in more with the zoning process.
He further stated things may change in the future and he
would be willing to reassess in the future.
On motion of Ms. Jaeckle, seconded by Mr. Gecker, the Board
denied the amendment to the County Code relating to Crime
Prevention Through Environmental Design.
Ayes: Warren, Gecker, and Jaeckle.
Nays: Holland and Durfee.
Mr. Stegmaier stated although the previous item was not
adopted, the Board instructed staff to work with developers
to incorporate the OPTED guidelines in future zoning
requests.
16.B. TO CONSIDER A RESOLUTION AUTHORIZING AND PROVIDING
FOR THE ISSUANCE, SALE AND DELIVERY OF UTILITY WATER
AND SEWER REVENUE BONDS, SERIES 2009
Mr. Carmody stated this date and time has been advertised for
a public hearing for the Board to consider a resolution
authorizing and providing for the issuance, sale and delivery
of Utility Water and Sewer Revenue Bonds, Series 2009.
Mr. warren called for public comment.
There being no one to address the request, the public hearing
was closed.
In response to Mr. Gecker's question, Mr. Carmody stated the
bonds are for nutrient removal which is mandated.
On motion of Mr. Gecker, seconded by Mr. Holland, the Board
adopted the following resolution which 1) authorizes and
provides for the issuance, sale and delivery of up to a
maximum aggregate principal amount not to exceed $50,000,000
of Utility Water and Sewer Revenue Bonds, Series 2009, and 2)
declares the official intent of the County (within the
meaning of Federal regulations) to reimburse itself from the
proceeds of the utility revenue bonds for expenditures made
with respect to the projects prior to the issuance and
receipt of the proceeds:
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COUNTY OF CHESTERFIELD, VIRGINIA
NINTH SUPPLEMENTAL BOND RESOLUTION
AUTHORIZING AND PROVIDING FOR THE ISSUANCE, SALE AND DELIVERY
OF NOT TO EXCEED $50,000,000 AGGREGATE PRINCIPAL AMOUNT OF
WATER AND SEWER REVENUE BONDS, SERIES 2009, OF THE COUNTY OF
CHESTERFIELD, VIRGINIA, AND DELEGATING TO THE COUNTY
ADMINISTRATOR CERTAIN POWERS WITH RESPECT THERETO
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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
Chesterfield, Virginia, Water and Sewer Revenue Bonds"
(hereinafter referred to as the "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 $50,000,000 to be designated as the "County of
Chesterfield, Virginia, Water and Sewer Revenue Bonds,
Series 2009" (hereinafter defined as the "2009 Bonds") to
finance a portion of the Costs of Construction of the 2009
Expansion (as hereinafter defined);
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF
SUPERVISORS OF THE COUNTY OF CHESTERFIELD, VIRGINIA:
ARTICLE I
DEFINITIONS
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SECTION 1.1. Definitions. Unless the context shall
clearly indicate some other meaning, all the words and terms
used in this Ninth Supplemental Bond Resolution which are
defined in Article I of the Bond Resolution shall, for the
purposes of this Ninth 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 Ninth 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".
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"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.
"Ninth Supplemental Bond Resolution" shall mean this
Ninth Supplemental Bond Resolution.
"Trustee" shall mean The Bank of New York Mellon Trust
Company, N.A., Richmond, Virginia, as Trustee under the Bond
Resolution.
"2009 Bonds" shall mean the Bonds authorized by this
Ninth Supplemental Bond Resolution and issued under the Bond
Resolution and this Ninth Supplemental Bond Resolution at any
time Outstanding.
"2009 Expansion" shall mean the extensions, additions
and capital improvements to, and the renewal and replacement
of capital assets of, and the purchasing and installation of
new equipment for, the System a portion of the Costs of
Construction of which shall be f financed from the proceeds of
the 2009 Bonds, including, without limitation, upgrades to
and expansions of wastewater treatment plants, tanks, pump
stations, water lines and related facilities to expand the
System.
Unless the context shall clearly indicate otherwise or
otherwise require (i) all references in this Ninth
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 Ninth 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 Ninth Supplemental Bond
Resolution to a particular article, section or subsection of
the Ninth Supplemental Bond Resolution shall be only to the
article, section or subsection of that number of this Ninth
Supplemental Bond Resolution.
Whenever used in this Ninth Supplemental Bond
Resolution, the words "herein", "hereinbefore",
"hereinafter", "hereof", "hereunder" and other words of
similar import, refer to this Ninth Supplemental Bond
Resolution only and to this Ninth 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 2009 BONDS
SECTION 2.1. Authorization of Issuance of 2009 Bonds.
(a) For the purposes of providing funds (i) for the deposit
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into the Debt Service Reserve Fund held by the Trustee of the
amount specified in Section 2.6 (a) of this Ninth-Supplemental
Bond Resolution and (ii) for deposit to the Construction Fund
held by the Treasurer for credit to the Construction Account
of a portion of the Costs of Construction of the. 2009
Expansion of the amount specified in Section 2.6 (b) of this
Ninth Supplemental Bond Resolution, there are hereby
authorized to be issued, and shall be issued, under and
secured by the Bond Resolution, including this Ninth
Supplemental Bond Resolution, an issue of Bonds in the
aggregate principal amount of not to exceed $50,000,000, to
be designated as the "County of Chesterfield, Virginia, Water
and Sewer Revenue Bonds, Series 2009" (herein defined and
referred to as the "2009 Bonds").
(b) The 2009 Bonds shall be dated the date of their
delivery, 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 2009 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, 2009 and semiannually
on each May 1 and November 1 thereafter.
(c) Subject to the provisions of Section 2.3 hereof,
principal of each 2009 Bond shall be payable to the
registered owner thereof at the principal office of the
Trustee upon presentation and surrender of such 2009 Bond.
Subject to the provisions of Section 2.3 hereof, interest on
each 2009 Bond shall be paid by the Trustee as Paying Agent
for the 2009 Bonds to the registered owner thereof as shown
on the books of registry maintained by the Trustee as
Registrar for the 2009 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 2009 Bonds,
by wire transfer.
(d) Subject to the provisions of Section 2.3 hereof,
the 2009 Bonds shall be exchangeable for other 2009 Bonds in
fully registered form, all as provided in Section 3.3 of the
Bond Resolution. The 2009 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 2009 Bonds.
SECTION 2.2. Redemption of 2009 Bonds. (a) Subject
to the provisions of Section 2.5 hereof, the 2009 Bonds shall
be subject to optional and mandatory redemption prior to
their stated maturities upon such terms and conditions as
shall be determined by the County Administrator.
(b) (i) Notice of the redemption of any 2009 Bonds
shall be given in accordance with the provisions of Section
6.5 of the Bond Resolution.
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(ii) If less than all the 2009 Bonds of a maturity are
to be redeemed, the Bonds of such maturity to be redeemed
shall be selected as provided in Section 6.4 of the Bond
Resolution.
(iii) Any redemption of 2009 Bonds shall have the
effect as is provided in Section 6.6 of the Bond Resolution.
SECTION 2.3. Execution and Form of 2009 Bonds; Book
Entry-Only System. (a) The 2009 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 2009 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 Ninth Supplemental Bond Resolution.
(c) CUSIP identification numbers shall be printed on
the 2009 Bonds, but such numbers shall not be deemed to be a
part of the 2009 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 2009 Bonds shall be issued, upon initial
issuance, in fully registered form and registered in the name
of Cede & Co., as nominee of The. Depository Trust Company,
New York, New York ("DTC"), as registered owner of the 2009
Bonds, and immobilized in the custody of DTC. One fully
registered 2009 Bond for the principal amount of each
maturity shall be registered to Cede & Co. Beneficial owners
of 2009 Bonds shall not receive physical delivery of 2009
Bonds. Individual purchases of 2009 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 2009 Bonds shall be made by wire transfer to DTC or
its nominee as registered owner of such 2009 Bonds on the
applicable payment date.
Transfers of principal and interest payments and
redemption proceeds 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 and redemption
proceeds to beneficial owners of the 2009 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 Ninth 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 2009 Bonds shall
be made by DTC and its Participants, acting as nominees of
the beneficial owners of the 2009 Bonds, in accordance with
rules specified by DTC and its Participants. The Trustee
makes no assurances that DTC, its Participants or other
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nominees of the beneficial owners of the 2009 Bonds shall act
in accordance with such rules or on a timely basis.
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(e) Replacement 2009 Bonds (the "Replacement 2009
Bonds") shall be issued directly to beneficial owners of 2009
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 2009 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 2009 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 2009 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 2009 Bonds by
mailing an appropriate notice to DTC, the Trustee shall
execute and deliver Replacement 2009 Bonds substantially in
the form set forth in Exhibit A attached hereto to any
Participants making a request for such Replacement 2009
Bonds. The Trustee shall be entitled to rely on the records
provided by DTC as to the Participants entitled to receive
Replacement 2009 Bonds. Principal of and interest on the
Replacement 2009 Bonds shall be payable as provided in
Section 2.1(c) hereof, and such Replacement 2009 Bonds will
be transferable and exchangeable in accordance with Sections
3.3 through 3.6, inclusive, of the Bond Resolution.
(f) The 2009 Bonds shall be in substantially the form
set forth in Exhibit A attached hereto.
SECTION 2.4. Preparation and Distribution of Preliminary
Official Statement and Pre aration, Execution and Delivery of
Official Statement; Preliminary Official Statement "Deemed
Final" for Purposes of Rule 15c2-12 of the Securities and
Exchange 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 2009 Bonds a
Preliminary Official Statement relating to the 2009 Bonds
(the "Preliminary Official Statement"). All actions taken by
the 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
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and directed to prepare, or to cause to be prepared, an
Official Statement relating to the 2009 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
maturities of and the interest rates to be borne by the 2009
Bonds as specified by the successful bidder for the 2009
Bonds and other definitive details of the 2009 Bonds
determined upon the sale of the 2009 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 2009 Bonds the Official Statement relating to the 2009
Bonds in accordance with the provisions of the Detailed
Notice of Sale relating to the 2009 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 2009 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 2.5. Sale of 2009 Bonds. (a) There is
hereby delegated to the County Administrator authority,
without further action by the Board, to sell the 2009 Bonds
authorized for issuance under this Ninth Supplemental Bond
Resolution in accordance with the provisions hereof at
competitive sale at not less than 99% of the principal amount
thereof and on such other terms and conditions as shall be
provided in the Detailed Notice of Sale relating to the 2009
Bonds. The County Administrator is hereby authorized to
cause to be published and distributed a Detailed Notice of
Sale relating to the 2009 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 2009
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 2009
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 2009 Bonds.
(b) The County Administrator is hereby authorized to
receive bids for the purchase of the 2009 Bonds and, without
further action by the Board, to accept the bid offering to
purchase the 2009 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
in the Detailed Notice of Sale relating to the 2009 Bonds and
is otherwise in conformity with such Detailed Notice of Sale,
(ii) the true interest cost to the County as specified in
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such bid is not in excess of six percent (6.00%) and (iii)
the premium payable upon the redemption of the 2009 Bonds
shall not exceed two percent (2.00%).
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(c) The County Administrator, the Director of
Accounting and the County Attorney are hereby authorized to
execute and deliver to the purchasers of the 2009 Bonds one
or more certificates in the forms provided for in the
Official Statement relating to the 2009 Bonds.
SECTION 2.6. Application of Proceeds of 2009 Bonds.
The proceeds of sale of the 2009 Bonds received by the
County, together with other available moneys of the County,
shall be applied as follows:
(a) an amount, less other available moneys in the Debt
Service Reserve Fund, equal to the Debt Service Reserve
Requirement for the 2009 Bonds shall be deposited with the
Trustee in the Debt Service Reserve Fund in accordance with
the provisions of the Bond Resolution and Section 2.10 of
this Ninth Supplemental Bond Resolution; and
(b) the balance of the proceeds of the 2009 Bonds shall
be deposited into the Construction Fund held by the Treasurer
for credit to the Construction Account therein.
SECTION 2.7. 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 2009
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.
SECTION 2.8. Conditions Precedent to Delivery of 2009
Bonds. In compliance with the conditions precedent to the
delivery of the 2009 Bonds prescribed in Section 2.4 of the
Bond Resolution, the 2009 Bonds shall be delivered only upon
receipt by the Trustee of:
(a) a copy of this Ninth Supplemental .Bond Resolution
authorizing the 2009 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 2009 Bonds are specified,
which Ninth 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 Ninth 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,
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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 2009 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 2009
Bonds and the application of the 2009 Bond proceeds, signed
by an Authorized Officer of the County; and
(d) a Certificate of the Director of Budget and
Management that the 2009 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.
SECTION 2.9. Covenant as to Compliance with 1986 Code.
The County hereby covenants and agrees to comply with the
provisions of Sections 103 and 141 150 of the 1986 Code
applicable to the 2009 Bonds throughout the term of the 2009
Bonds.
SECTION 2.10. Creation of 2009 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 "2009 Debt
Service Reserve Account". From the proceeds of the 2009
Bonds required to be deposited into the Debt Service Reserve
Fund pursuant to Section 2.6 (a) hereof and other available
moneys in the Debt Service Reserve Fund, there shall be
credited to the 2009 Debt Service Reserve Account an amount
equal to the Debt Service Reserve Requirement for the 2009
Bonds, the same being an amount equal to the lesser of (i)
ten percent (100) of the proceeds of the 2009 Bonds and (ii)
the maximum amount payable in any current or future Fiscal
Year for the payment of Debt Service on the 2009 Bonds;
provided that in no event shall the proceeds of the 2009
Bonds required to be so deposited into the 2009 Debt Service
Reserve Account be in excess of the amount permitted under
the provisions of the 1986 Code. The 2009 Debt Service
Reserve Account shall be available only to pay Debt Service
on the 2009 Bonds.
SECTION 2.11. Authorization of Execution and Delivery
of Continuing Disclosure Agreement; Covenant with
Bondholders. The County Administrator is hereby authorized
and directed to execute and deliver to the Trustee a
Continuing Disclosure Agreement with respect to the 2009
Bonds in the form set forth as an appendix to the Official
Statement, 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
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approval to be conclusively evidenced by .his execution
thereof. The County covenants with the holders from time to
time of the 2009 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.
SECTION 2.12. Amendment of Definition of "Investment
Securities" in Section 1.1 of the Bond Resolution. (a)
Subject to the provisions of subsections (b) and (c) of this
Section 2.12, the definition of the term "Investment
Securities" in Section 1.1 of the Bond Resolution shall be
amended such that, as so amended, such definition shall read
in its entirety as follows:
"`Investment Securities"'
following obligations, to the
legal for investment of funds
law:
means and includes any of the
extent the same are at the time
of the County under applicable
(i) direct obligations of or obligations guaranteed by
the United States of America;
(ii) any bond or note of the Federal National Mortgage
Association or the Federal Home Loan Banks; bonds, debentures
and similar obligations of Federal Land Banks, Federal
Intermediate Credit Banks or Banks for Cooperatives, issued
pursuant to Acts of Congress; and obligations issued by the
United States Postal Service when the principal thereof and
interest thereon is guaranteed by the government of the
United States of America;
(iii)direct and general full faith and credit
obligations of the Commonwealth of Virginia;
(iv) unlimited tax direct and general obligations of any
political unit of the Commonwealth of Virginia, to the
payment of which the full faith and credit of such political
unit is pledged; provided that at the time of purchase such
obligations are rated in either of the two highest rating
categories by a nationally recognized bond rating agency;
(v) investments in a money market fund rated "AAAm" or
"AAAm-G" or better by Standard & Poor's Ratings Services,
including those administered by the Trustee, and investing
exclusively in obligations or securities specified in clauses
(i), (ii) (iii) and (iv) above;
(vi) repurchase agreements for such obligations
specified in clauses (i), (ii), (iii) and (iv) above, subject
to the limitations set forth below;
(vii)time deposits or certificates of deposit with
banks, trust companies or national banking associations which
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are members of the Federal Reserve System and have a net
capital and surplus of at least $25,000,000 (which may
include the Trustee or any Depositary) fully secured as to
principal by obligations described in clauses (i), (ii),
(iii) and (iv) above;
(viii)savings accounts, time deposits or certificates of
deposit in any savings and loan association under the
supervision of the Commonwealth of Virginia or the Federal
Government; provided such accounts and deposits are fully
insured by the Federal Savings and Loan Insurance Corporation
or any successor federal agency;
(ix) commercial paper, with a maturity of two hundred
seventy (270) days or less, of issuing corporations organized
under the laws of the United States, or of any state thereof,
including paper issued by banks and bank holding companies,
rated by Moody's Investors Service within its ratings of
Prime 1 or Prime 2, or by Standard & Poor's Ratings Services,
within its ratings of A 1 or A 2, or by Fitch Ratings within
its ratings of F 1 or F 2, or by their corporate successors;
(x) investments through the Commonwealth of Virginia
State Non-Arbitrage Program established pursuant to the
Government Non-Arbitrage Investment Act, Title 2.2, Chapter
47, Sections 2.2-4700 through 2.2-4705, of the Code of
Virginia, 1950, or any successor statute, as the same may
amended from time to time; and
(xi) any legal investments authorized for political
subdivisions of the Commonwealth for the investment of
sinking funds and for other public funds under Title 2.2,
Chapter 45 ("INVESTMENT OF PUBLIC FUNDS ACT"), of the Code of
Virginia, 1950, or any successor statute, as the same may be
amended from time to time.
A repurchase agreement pursuant to clause (vi) above may
be made with any bank as principal, including the Trustee or
an affiliate of the Trustee, within or without the
Commonwealth of Virginia having a combined capital, surplus
and undivided profits of not less than $25,000,000 and
acceptable to the Trustee; provided the bank is obligated to
repurchase within one year. Such repurchase agreement shall
be considered a purchase of such securities even if title
and/or possession of such securities is not transferred to
the Trustee so long as (i) the repurchase obligation of the
bank is collateralized by the securities themselves, (ii) the
securities have on each day the repurchase agreement is in
effect a fair market value equal to at least 100% of the
amount of the repurchase obligation of the bank, (iii) the
securities are held by a third party and segregated from
securities owned generally by the bank, (iv) a perfected
security interest under the Uniform Commercial Code of the
applicable state or book entry procedures prescribed by
federal law or regulations in such securities is created for
the benefit of the Trustee and (v) if the repurchase
agreement is with the bank serving as Trustee or any related
party, the third party holding such securities holds them as
agent for the benefit of the Holders of the Bonds rather than
as agent for the bank serving as Trustee or any other party."
(b) By their acceptance of the 2009 Bonds, the initial
Holders of the 2009 Bonds, on behalf of the initial Holders
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of the 2009 Bonds and their successors and assigns, shall be
deemed to have irrevocably consented to the amendment of the
definition of the term "Investment Securities" set forth in
subsection (a) of this Section 2.12.
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(c) The amendment of the definition of the term
"Investment Securities" set forth in subsection (a) of this
Section 2.12 shall be effective, in accordance with Section
9.2 of the Bond Resolution, at such time as such amendment
shall have been consented to by the Holders of at least two-
thirds in principal amount of the Bonds Outstanding,
including the 2009 Bonds and any Series of Bonds issued
subsequent to the issuance of the 2009 Bonds.
ARTICLE III
MISCELLANEOUS
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SECTION 3.1. Ninth Supplemental Bond Resolution is a
"Supplemental Resolution" Under the Bond Resolution; 2009
Bonds Are "Bonds" Under the Bond Resolution. (a) This
Ninth Supplemental Bond Resolution is adopted pursuant to
Section 2.4 and Article VIII of the Bond Resolution. This
Ninth 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 2009 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 2009 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
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 3.2. Authorization of Reimbursement of
Expenditures in Advance of Issuance and Recei t of Proceeds
of 2009 Bonds. The Board hereby authorizes the County to
make expenditures on the 2009 Expansion in advance of the
issuance and receipt of the proceeds of the 2009 Bonds and to
reimburse such expenditures from the proceeds of the 2009
Bonds. The adoption of this resolution shall be considered
as an "official intent" within the meaning of Section 1.150-2
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of the Treasury Regulations promulgated by the Internal
Revenue Service under Section 103 of the 1986 Code.
SECTION 3.3. Filing of this Ninth Supplemental Bond
Resolution with Circuit Court. The County Attorney be and
hereby is authorized and directed to file a copy of this
Ninth 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 provisigns of Section 15.2-2607 of the
Code of Virginia, 1950.
SECTION 3.4. Effect of Article and Section Headings
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 Ninth
Supplemental Bond Resolution.
SECTION 3.5. Effectiveness of This Ninth Supplemental
Bond Resolution. This Ninth Supplemental Bond Resolution
shall be effective from and after the adoption hereof by the
Board.
EXHIBIT A
(FORM OF BOND)
UNITED-STATES OF AMERICA
COMMONWEALTH OF VIRGINIA
COUNTY OF CHESTERFIELD
WATER AND SEWER REVENUE BOND,
SERIES 2009
REGISTERED
No. R-
INTEREST RATE:
REGI
MATURITY DATE: DATE OF BOND: CUSIP
NOVEMBER 1, _, 2009 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
and moneys pledged to the payment hereof hereinafter
specified and not otherwise, on November 1, 2009 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
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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 $1,000,000
principal amount of the Bonds of the Series of Bonds of which
this Bond is one, by wire transfer) by the Registrar
hereinafter mentioned to the Registered Holder in whose name
this Bond is registered upon the books of registry of the
County kept by the Registrar as of the close of business on
the fifteenth (15th) day (whether or not a business day) of
the calendar month next preceding each interest payment date
at the address of the Registered Holder hereof as it appears
on such books of registry.
The principal of this Bond are payable on presentation
and surrender hereof at the principal office of The Bank of
New York Mellon Trust Company, N.A, as Registrar, in
Richmond, Virginia. Both principal of and interest on this
Bond are payable in such coin or currency of the United
States of America as at the respective dates of payment
thereof is legal tender for public and private debts.
This Bond is one of a duly authorized Series of Bonds
(herein referred to as the "Bonds") of the aggregate
principal amount of Dollars
($ ) 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", as heretofore
supplemented and amended (the "Master Water and Sewer Revenue
Bond Resolution"), and a resolution duly adopted by such
Board on April 15, 2009, entitled "NINTH SUPPLEMENTAL BOND
RESOLUTION AUTHORIZING AND PROVIDING FOR THE ISSUANCE, SALE
AND DELIVERY OF NOT TO EXCEED $50,000,000 AGGREGATE PRINCIPAL
AMOUNT OF WATER AND SEWER REVENUE BONDS, SERIES 2009, OF THE
COUNTY OF CHESTERFIELD, VIRGINIA, AND DELEGATING TO THE
COUNTY ADMINISTRATOR CERTAIN POWERS WITH RESPECT THERETO"
(the "Ninth Supplemental Bond Resolution" and, collectively
with the Master water and Sewer Revenue Bond Resolution, the
"Bond Resolution").
The Bonds are issued to finance the costs of extensions,
additions and capital improvements to, and renewal and
replacement of capital assets of, or purchasing and
installing new equipment for the County's water and sewer
system (the "System") of the County. The Bonds and the
interest thereon are payable solely from, and secured equally
and ratably with other bonds which 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
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lien and charge on, the Revenues (as defined in the Bond
Resolution) derived from the operation of 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 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.
By their acceptance of the Bonds of the Series of which
this Bond is one, the initial Registered Holders of such
Bonds, on behalf of the initial Registered Holders of such
Bonds and their successors and assigns, shall be deemed to
have irrevocably consented to the amendment of the definition
of the term "Investment Securities" set forth in Section
2.12 (a) of the Ninth Supplemental Bond Resolution.
The Bonds of the Series of which this Bond is one
maturing on or before November 1, 20 are not subject to
redemption prior to their stated maturities.
The Bonds of the Series of which this Bond is one (or
portions thereof in installments of $5,000) maturing on
November 1, 20 and thereafter, are subject to redemption
prior to their stated maturities, at the option of the
County, from moneys on deposit in the Redemption Fund created
and established by the Bond Resolution or from other
available moneys of the County, on and after November 1,
20 as a whole at any time, or in part from time to time on
any interest payment date in such order as the County may
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determine, at the respective redemption prices (expressed as
a percentage of the principal amount. to be redeemed) set
forth below if such redemption is made from any moneys other
than moneys required to be paid as Sinking fund Payments,
together with the interest accrued on such principal amount
to the date fixed for redemption:
0
Period During Which Redeemed
(Both Dates Inclusive) Redemption Price
November 1, 20_ through October 31, 20 0
November 1, 20 and thereafter
The Bonds of the Series of which this Bond is one (or
portions thereof in installments of $5,000) maturing on
November 1, 20_ are subject to mandatory sinking fund
redemption from Sinking Fund Payments made in accordance with
the provisions of the Bond Resolution (hereinafter mentioned)
and to payment at maturity on November 1 in each of the years
and in the principal amounts set forth below, at a redemption
price equal to the principal amount redeemed, together with
the interest accrued on such principal amount to the date
fixed for redemption:
Year Principal Amount
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If this Bond is redeemable and shall be called for
redemption, notice of the redemption hereof shall be mailed
not less than thirty (30) days prior to the date fixed for
redemption to the Registered Holder of this Bond at such
Registered Holder's address as shown on the books of registry
of the County kept by the Registrar. When notice of
redemption of this Bond (or of the portions hereof in
installments of $5,0.00 to be redeemed) shall have been given
as hereinabove set forth, this Bond (or the portions hereof
to be redeemed) shall become due and payable on the date so
specified for such redemption at a price equal to the
principal amount hereof and the redemption premium, if any,
hereon, together with the interest accrued hereon to such
date, and whenever payment of such redemption price shall
have been duly made or provided for, interest on this Bond
(or on the portions hereof so redeemed) shall cease to accrue
from and after the date so specified for its redemption.
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
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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.
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 the
date first above written.
[SEAL]
Clerk 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 MELLON
TRUST COMPANY, N.A., as
Registrar
By:
Authorized Signature
Chairman of the
Board of Supervisors
Dated:
ASSIGNMENT
For value received, the undersigned hereby sell(s), assign(s)
and transfer(s) unto
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(Please print or type name and address, including postal zip
code, of transferee)
PLEASE INSERT SOCIAL SECURITY OR
OTHER IDENTIFYING NUMBER OF TRANSFEREE:
the within Bond and all rights thereunder, and hereby
irrevocably constitutes and appoints
transfer such Bond on the
thereof, with full power of
books kept for
substitution in
Dated:
Signature(s) Guaranteed
NOTICE: Signature(s) must
be guaranteed by an Eligible
Guarantor Institution such
as a Commercial Bank, Trust
Company, Securities Broker
Dealer, Credit Union or
Savings Association which is
a member of a medallion
program approved by The
Securities Transfer
Association, Inc.
attorney, to
the registration
the premises.
t5ignature(s) of Registered Owner)
NOTICE: The signature above must
correspond with the name of the
Registered Owner as it appears on
the front of this Bond in every
particular, without alteration,
enlargement or any change
whatsoever.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
16.C. TO CONSIDER THE ABANDONMENT OF PORTIONS OF STATE
AVENUE
Mr. Stith stated this date and time has been advertised for a
public hearing for the Board to consider the abandonment of
portions of State Avenue.
Mr. Warren called for public comment.
Mr. Ken Merner, one of the adjacent owners on State Avenue,
spoke in support of the abandonment. He further stated as a
developer he has recently met with staff to discuss the OPTED
guidelines and they were used in his development.
There being no one else to address the request, the public
hearing was closed.
On motion of Mr. Warren, seconded by Mr. Gecker, the Board
adopted the following resolution:
WHEREAS, a sketch has been provided to the Board of
Supervisors of Chesterfield County depicting portions of
State Avenue, State Route 698, to be abandoned from the
Secondary System of State Highways; and
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04/15/09
WHEREAS, pursuant to a resolution of this Board, dated
March 11, 2009, the required notices of the County's
intention to abandon portions of State Avenue, State Route
698, from its intersection with Hackberry Road, State Route
833, to approximately 0.03 miles north of Hackberry Road,
State Route 833, to the CSX Railroad, identified as segment
A-B on the attached sketch, and then continuing from the
intersection of State Avenue, State Route 698, and the CSX
Railroad, to approximately 0.03 miles north of the CSX
Railroad to its current end, identified as segment B-C on the
attached sketch, have been given in that: on March 12, 2009,
a notice was posted in at least three places along State
Avenue, State Route 698, north of Hackberry Road, State Route
833, and south of the CSX Railroad, segment A-B, and a notice
was posted in at least three places along State Avenue, State
Route 698, north of the CSX Railroad, segment B-C; and on
April 1, 2009, and April 8, 2009, a notice was published in
the Chesterfield Observer having general circulation within
the County announcing this Public Hearing to receive comments
concerning the proposed abandonment; and on March 17, 2009,
notice was sent to the Commonwealth Transportation
Commissioner; and
WHEREAS, after considering all evidence available, this
Board is satisfied that no public necessity exists for the
continuance of the sections of State Avenue, State Route 698,
segments A-B and B-C, a total distance of 0.06 miles, since
they serve no public necessity and are no longer necessary as
a part of the Secondary System of State Highways.
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield
County Board of Supervisors hereby abandons the above
described sections of State Avenue, State Route 698, and
removes them from the Secondary System of State Highways,
pursuant to Section 33.1-151, Code of Virginia, 1950, as
amended.
AND, BE IT FURTHER RESOLVED, that the Board of
Supervisors herby reaffirms its Resolution and Order of
February 27, 1991 abandoning State Avenue, State Route 698
from Point C on the attached sketch to the east line of I-295
in its entirety.
AND, BE IT FURTHER RESOLVED, that a certified copy of
this resolution be forwarded to the Chesterfield Residency
Administrator for the Virginia Department of Transportation.
AND, BE IT FURTHER RESOLVED, that the Board of
Supervisors does hereby request that the Commonwealth
Transportation Commissioner certify, in writing, that the
portion of State Avenue lying north of Hackberry Road, State
Route 833, and south of the CSX Railroad, segment A-B, hereby
abandoned is no longer deemed necessary for uses of the
Secondary System of State Highways pursuant to Section 33.1-
154 of the Code of Virginia, 1950, as amended.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
16.D. TO CONSIDER AN ORDINANCE TO VACATE AN EIGHTY-FOOT
UNIMPROVED RIGHT OF WAY KNOWN AS GRINDALL PARKWAY
WITHIN GRINDALL CREEK PARK, SECTION B, PLAN OF
REARRANGEMENT OF LOTS IN BLOCKS B, C, D, AND E
Mr. Stith stated this date and time has been advertised for a
public hearing for the Board to consider an ordinance to
vacate an 80-foot unimproved right of way known as Grindall
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Parkway within Grindall Creek Park, Section B, Plan of
Rearrangement of Lots in Blocks B, C, D, and E.
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Mr. Warren called for public comment.
There being no one to address the request, the public hearing
was closed.
On motion of Ms. Jaeckle, seconded by Mr. Gecker, the Board
adopted the following ordinance:
AN ORDINANCE whereby the COUNTY OF CHESTERFIELD,
VIRGINIA, ("GRANTOR") vacates to RUTH H. WRIGHT and
ADRIAN B. BRINKLEY, ("GRANTEE"), an 80' unimproved
county right of way known as Grindall Parkway
within Grindall Creek Park, Section B, Plan of
Rearrangement of Lots in Blocks B, C, D and E,
BERMUDA Magisterial District, Chesterfield County,
Virginia, as shown on a plat thereof duly recorded
in the Clerk's Office of the Circuit Court of
Chesterfield County in Plat Book 9, at Page 2.
WHEREAS, RUTH H. WRIGHT, petitioned the Board of
Supervisors of Chesterfield County, Virginia to vacate an 80'
unimproved county right of way known as Grindall Parkway
within Grindall Creek Park, Section B, Plan of Rearrangement
of Lots in Blocks B, C, D and E, BERMUDA Magisterial
District, Chesterfield County, Virginia more particularly
shown on a plat of record in the Clerk's Office of the
Circuit Court of said County in Plat Book 9, Page 2, by JOHN
H. FOSTER, dated JULY 1, 1950, recorded. AUGUST 14, 1950. The
unimproved right of way petitioned to be vacated is more
fully described as follows:
An 80' unimproved
Grindall Parkway
Section B, Plan of
B, C, D and E, the
shown on a map att
this Ordinance.
county right of way known as
within Grindall Creek Park,
Rearrangement of Lots in Blocks
location of which is more fully
ached hereto and made a part of
WHEREAS, notice has been given pursuant to Section 15.2-
2204 of the Code of Virginia, 1950, as amended, by
advertising; and,
WHEREAS, no .public necessity exists for the continuance
of the unimproved right of way sought to be vacated.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF
SUPERVISORS OF CHESTERFIELD COUNTY, VIRGINIA:
That pursuant to Section 15.2-2272 of the Code of
Virginia, 1950, as amended, the aforesaid unimproved right of
way be and is hereby vacated.
This Ordinance shall be in full force and effect in
accordance with Section 15.2-2272 of the Code of Virginia,
1950, as amended, and a certified copy of this Ordinance,
together with the plat attached hereto shall be recorded no
sooner than thirty days hereafter in the Clerk's Office of
the Circuit Court of Chesterfield County, Virginia pursuant
to Section 15.2-2276 of the Code of Virginia, 1950, as
amended.
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04/15/09
The effect of this Ordinance pursuant to Section 15.2-
2274 is to destroy the force and effect of the recording of
the portion of the plat vacated. This Ordinance shall vest
fee simple title to the centerline of the unimproved right of
way hereby vacated in the abutting property owners of
Grindall Creek Park, Section B, Plat of Rearrangement of Lots
in Blocks B, C, D and E free and clear of any rights of
public use.
GRANTEE hereby conveys unto the GRANTOR and GRANTOR
hereby reserves a water easement over the entire portion of
right of way hereby vacated area.
Accordingly, this Ordinance shall be indexed in the
names of the COUNTY OF CHESTERFIELD as GRANTOR, and RUTH W.
WRIGHT and ADRIAN B. BRINKLEY, or their successors in title,
as GRANTEE.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
16.E. TO CONSIDER AN ORDINANCE TO VACATE A PORTION OF AN
EIGHTEEN-FOOT UNIMPROVED RIGHT OF WAY KNOWN AS CROSS
STREET WITHIN REVISED, A MAP OF PROPERTY OF E.A.
HARTLEY AND BROTHERS INCORPORATED AND AUGUSTUS
WRIGHT ESTATE
Mr. Stith stated this date and time has been advertised for a
public hearing for the Board to consider an ordinance to
vacate a portion of an 18-foot unimproved right of way known
as Cross Street within Revised, a Map of Property of E.A.
Hartley and Brothers Incorporated and Augustus Wright Estate.
Mr. Warren called for public comment.
There being no one to address the request, the public hearing
was closed.
On motion of Mr. Holland, seconded by Mr. Warren, the Board
adopted the following ordinance:
AN ORDINANCE whereby the COUNTY OF CHESTERFIELD,
VIRGINIA, ("GRANTOR") vacates to RICHARD W. FITZKE
and BEULAH L. FITZKE, (husband and wife), and JANET
D. MCFADDEN, (Life Estate), CHRISTINE LYNN MCFADDEN
and BARRY P. MCFADDEN, ("GRANTEE"), an 18'
unimproved county right of way known as Cross
Street within a Revised, A Map of Property of E.A.
Hartley Bro, Inc. and Augustus Wright Estate,
MATOACA Magisterial District, Chesterfield County,
Virginia, as shown on a plat thereof duly recorded
in the Clerk's Office of the Circuit Court of
Chesterfield County in Plat Book 8, at Page 39.
WHEREAS, RICHARD W. FITZKE, petitioned the Board of
Supervisors of Chesterfield County, Virginia to vacate an 18'
unimproved county right of way known as Cross Street within a
Revised, A Map of Property of E.A. Hartley Bro, Inc. and
Augustus Wright Estate, MATOACA Magisterial District,
Chesterfield County, Virginia more particularly shown on a
plat of record in the Clerk's Office of the Circuit Court of
said County in Plat Book 8, Page 39, by CLODFELDER &
SCHISLER, dated APRIL 14, 1937 and MAY 22, 1942, recorded
JUNE 19, 1942. The right of way petitioned to be vacated is
more fully described as follows:
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An 18' unimproved county right of way known as
Cross Street within a Revised, A Map of Property of
E.A. Hartley Bro, Inc. and Augustus Wright Estate,
the location of which is more fully shown on a plat
made by CLODFELDER & SCHISLER, dated APRIL 14, 1937
and MAY 22, 1942, recorded JUNE 19, 1942, a copy of
which is attached hereto and made a part of this
Ordinance.
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WHEREAS, notice has been given pursuant to Section 15.2-
2204 of the Code of Virginia, 1950, as amended, by
advertising; and,
WHEREAS, no public necessity exists for the continuance
of the right of way sought to be vacated.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF
SUPERVISORS OF CHESTERFIELD COUNTY, VIRGINIA:
That pursuant to Section 15.2-2272 of the Code of
Virginia, 1950, as amended, the aforesaid right of way be and
is hereby vacated.
This Ordinance shall be in full force and effect in
accordance with Section 15.2-2272 of the Code of Virginia,
1950, as amended, and a certified copy of this Ordinance,
together with the plat attached hereto shall be recorded no
sooner than thirty days hereafter in the Clerk's Office of
the Circuit Court of Chesterfield County, Virginia pursuant
to Section 15.2-2276 of the Code of Virginia, 1950, as
amended.
The effect of this Ordinance pursuant to Section 15.2-
2274 is to destroy the force and effect of the recording of
the portion of the plat vacated. This Ordinance shall vest
fee simple title to the centerline of the right of way hereby
vacated in the abutting property owners of Revised, A Map of
Property of E.A. Hartley & Bro. Inc. & Augustus Wright Estate
free and clear of any rights of public use.
GRANTEE hereby conveys unto the GRANTOR and GRANTOR
hereby reserves an 18' water easement, as shown on the
attached plat.
Accordingly, this Ordinance shall be indexed in the
names of the COUNTY OF CHESTERFIELD as GRANTOR, and RICHARD
W. FITZKE and BEULAH L. FITZKE, (husband and wife), and JANET
D. MCFADDEN, (Life Estate), CHRISTINE LYNN MCFADDEN and BARRY
P. MCFADDEN, or their successors in title, as GRANTEE.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
16.F. TO CONSIDER AN ORDINANCE TO VACATE A PORTION OF A
SIXTEEN-FOOT DRAINAGE AND UTILITY EASEMENT ACROSS LOT
^~
13, BLOCK J, FOREST ACRES, SECTION C
Mr. Stith stated this date and time has been advertised for a
public hearing for. the Board to consider an ordinance to
vacate a portion of a 16-foot drainage and utility easement
across Lot 13, Block J, Forest Acres, Section C.
Mr. Warren called for public comment.
There being no one to address the request, the public hearing
was closed.
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On motion of Mr. Gecker, seconded by Ms. Durfee, the Board
adopted the following ordinance:
AN ORDINANCE whereby the COUNTY OF CHESTERFIELD,
VIRGINIA, ("GRANTOR") vacates to VIRIDIS
DEVELOPMENT CORPORATION, a Virginia corporation,
("GRANTEE"), a portion of a 16' drainage and
utility easement across Lot 13, Block J, Forest
Acres, Section C, MIDLOTHIAN Magisterial District,
Chesterfield County, Virginia, as shown on a plat
thereof duly recorded in the Clerk's Office of the
Circuit. Court of Chesterfield County in Plat Book
11, at Page 58.
WHEREAS, VIRIDIS DEVELOPMENT CORPORATION, petitioned the
Board of Supervisors of Chesterfield County, Virginia to
vacate a portion of a 16' drainage and utility easement
across Lot 13, Block J, Forest Acres, Section C, MIDLOTHIAN
Magisterial District, Chesterfield County, Virginia more
particularly shown on a plat of record in the Clerk's Office
of the Circuit Court of said County in Plat Book 11, Page 58,
by BROOKS & BARYON, dated JUNE 30, 1959, recorded SEPTEMBER
11, 1959. The portion of easement petitioned to be vacated
is more fully described as follows:
A portion of a 16' drai
across Lot 13, Block J,
the location of which is
made by KOONTZ-BRYANT,
2009, a copy of which is
part of this Ordinance.
page and utility easement,
Forest Acres, Section C,
more fully shown on a plat
P.C., dated JANUARY 14,
attached hereto and made a
WHEREAS, notice has been given pursuant to Section 15.2-
2204 of the Code of Virginia, 1950, as amended, by
advertising; and,
WHEREAS, no public necessity exists for the continuance
of the portion of easement sought to be vacated.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF
SUPERVISORS OF CHESTERFIELD COUNTY, VIRGINIA:
That pursuant to Section 15.2-2272 of the Code of
Virginia, 1950, as amended, the aforesaid portion of easement
be and is hereby vacated.
This Ordinance shall be in full force and effect in
accordance with Section 15.2-2272 of the Code of Virginia,
1950, as amended, and a certified copy of this Ordinance,
together with the plat attached hereto shall be recorded no
sooner than thirty days hereafter in -the Clerk's Office of
the Circuit Court of Chesterfield County, Virginia pursuant
to Section 15.2-2276 of the Code of Virginia, 1950, as
amended.
The effect of this Ordinance pursuant to Section 15.2-
2274 is to destroy the force and effect of the recording of
the portion of the plat vacated. This Ordinance shall vest
fee .simple title to the portion of easement hereby vacated in
the owner of Lot 13, Block J, Forest Acres, Section C free
and clear of any rights of public use.
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Accordingly, this Ordinance shall be indexed in the
names of the COUNTY OF CHESTERFIELD as GRANTOR, and VIRIDIS
DEVELOPMENT CORPORATION, a Virginia corporation, or their
successors in title, as GRANTEE.
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Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
16.G. TO CONSIDER THE EXERCISE OF EMINENT DOMAIN FOR A
TEMPORARY CONSTRUCTION EASEMENT AND PERMANENT
DRAINAGE EASEMENT FOR THE OTTERDALE ROAD BRIDGE
REPLACEMENT PROJECT
Mr. Stith stated this date and time has been advertised for a
public hearing for the Board to consider the exercise of
eminent domain for a temporary construction easement and
permanent drainage easement for the Otterdale Road Bridge
Replacement Project.
Mr. Warren called for public comment.
C
There being no one to speak to the request, the public
hearing was closed.
On motion of Mr. Gecker, seconded by Ms. Durfee, the Board
authorized the County Attorney to proceed with Eminent Domain
for the acquisition of a temporary construction easement and
permanent, drainage easement for the Otterdale Road Bridge
Replacement Project from the following property owner: J.K.
Dowdy and B.S. Creel, III, 4401 Otterdale Road, GPIN
7126851201. (It is noted a copy of the plat is filed with the
papers of this Board.)
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
17. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED
MATTERS
There were no speakers at this time.
18. ADJOURNMENT
On motion of Mr. Holland, seconded by Ms. Durfee, the Board
adjourned at 7:50 p.m. to April 29, 2009, at 3:00 p.m.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
a es J Stegmai r
unty Administrator
A hur S. Warren
Chairman
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