2009-05-27 MinutesBOARD OF SUPERVISORS
MINUTES
May 27, 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
Dr. Marcus Newsome, Supt.
of Schools
Ms. Kathy Kitchen, Asst.
Superintendent of Schools
For Business and Finance
Staff in Attendance:
Mr. Mike Bacile, Dir.,
Purchasing
Ms. Janice Blakley,
Clerk to the Board
Ms. Debbie Burcham,
Exec. Dir., Community
Services Board
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
Ms. Mary Ann Curtin, Dir.,
Intergovtl. Relations
Mr. Will Davis, Dir.,
Economic Development
Ms. Rebecca Dickson, Dep.
County Administrator,
Human Services
Colonel Thierry Dupuis,
Police Department
Mr. Michael Golden, Dir.,
Parks and Recreation
Mr. Lawrence C. Haake, III
Registrar
Mr. John W. Harmon,
Real Property Manager
Mr. Russell Harris, Mgr.
of Community Development
Services
Mr. Thomas E. Jacobson,
Dir., Revitalization
Mr. Donald Kappel, Dir.,
Public Affairs
Mr. Rob Key, Director,
General Services
Mr. Mike Mabe, Director,
Libraries
Mr. John McCracken, Dir.,
Transportation
Mr. Richard M. McElfish,
Dir., Env. Engineering
Mr. Steven L. Micas,
County Attorney
Mr. Jay Payne, Asst. to
Dep. County Administrator
Sheriff Dennis Proffitt,
Sheriff's Department
Chief Edward Senter,
Fire Department
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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 APRIL 15 AND 29, 2009
On motion of Mr. Holland, seconded by Mr. Gecker, the Board
approved the minutes of April 15, 2009, as submitted, and
April 29, 2009, as amended.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
2. COUNTY ADMINISTRATOR'S COMMENTS
2.A. COUNTY ADMINISTRATOR'S REPORT
Mr. Stegmaier provided an update regarding the Fort Lee
Expansion, including construction and development activity,
totaling $2 billion in work, participation by local
businesses and subcontractors, various transportation
projects and general impact on the region. He further
provided an update on the Citizen Satisfaction Survey
results, and reviewed some of the areas which saw
improvements in results. He stated the new Chesterfield.gov
website is to be launched in June and reviewed some of the
enhancements to the website.
Mr. Warren stated the Citizen Satisfaction Surveys have
always been very thorough and he is pleased to hear of the
positive results, which is an indication of the County
Administrator's hard work and an indication of the citizens
reaction to the way the government is being run.
In response to Ms. Jaeckle's question, Mr. Stegmaier stated
citizens will be able to make recommendations of improvements
to be made to the new website. He further stated the website
does not require the citizens to understand how the
government operates to navigate through the site.
3. BOARD MEMBER REPORTS
Ms. Durfee stated the Richmond Regional Collaborative will
bring forward a resolution on high speed rail and information
will be forwarded to the Board of Supervisors as well as
other jurisdictions.
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4. REQUESTS TO POSTPONE AGENDA ITEMS AND ADDITIONS,
DELETIONS OR CHANGES IN THE ORDER OF PRESENTATION
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On motion of Mr. Gecker, seconded by Mr. Holland, the Board
replaced Item 8.A.4., Comprehensive Plan Steering Committee
Appointments and moved it to follow Item 8.C., Consent Items;
replaced Item 8.C.15.d., Request for Permission From Stoney
Glen Associates, Incorporated for Existing Playground
Equipment and an Existing Wood Fence to Encroach Within a
Variable Width Storm Water Management System/Best Management
Practice Easement and a Twenty-Foot Drainage Easement Across
Open Space in Stoney Glen South, Section 6; and replaced Item
14.B., Resolution Recognizing Philip Morris Park 500 and The
Sustainability Park as Winners of the 2009 Governor's
Environmental Excellence Awards at the Environment Virginia
2009 Symposium.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
5. RESOLUTIONS
S.A. RECOGNIZING MS. KATHRYN HELEN GERANIOUS FOR HER
DEDICATED SERVICE TO THE FRIENDS OF THE CHESTERFIELD
COUNTY PUBLIC LIBRARY
'~ Mr. Mabe introduced Ms. Kathryn Geranios, who was present to
receive the resolution.
On motion of the Board, the following resolution was adopted:
WHEREAS, Ms. Kathryn Helen Geranios has served as a
member of the Friends of the Chesterfield County Public
Library for 23 years; and
WHEREAS, these years of service represent Ms. Geranios'
commitment to enhancing the quality of life for citizens in
Chesterfield County through the Friends of the Library, a
volunteer advocacy and fund-raising organization that
directly supports the Library's mission to "inspire,
enlighten, entertain and educate by bringing people and
information together"; and
WHEREAS, during her years of service, Ms. Geranios has
held numerous leadership positions including First Vice-
President for Programs, 25th Anniversary Chair, 30th
Anniversary Chair, and Ways and Means Vice-President for the
Bon Air Friends as well as other positions of leadership; and
WHEREAS, for the last six years, Ms. Geranios has
further demonstrated her dedication to the Friends'
organization and the Library by serving as President of the
Friends; and
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WHEREAS, as President of the Friends, Ms. Geranios has
worked diligently to strengthen the organization and to
create a greater sense of unity and purpose by fostering
leadership within all the branch chapters of the Friends and
across all levels of the organization; and
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WHEREAS, under Ms. Geranios' leadership, a Collaborative
Grant program was established that combines funds contributed
by the various branch chapters into a biannual gift to the
Library to support quality educational and cultural
programming throughout the county; and
WHEREAS, these Collaborative Grant funds have provided
over $133,000 since 2004 to help support such programs as the
Summer Reading Program, The Writers Workshop, Children's Book
Week activities, National Library Week activities, numerous
concerts, and book and author dinners that have featured such
well known authors as Mary Higgins Clark; and
WHEREAS, the Collaborative Grant funds have also helped
to support a "Grow Your Own" program in which library staff
pursuing a library and information science degree are
assisted with tuition and other continuing education and
training fees in order to help the Library provide the
community with quality professional library services; and
WHEREAS, under Ms. Geranios' leadership, the Friends of
the Library organization has continued to thrive and prosper
and support the mission of the Chesterfield County Public
Library by providing these collaborative funds; and
WHEREAS, during her tenure, local branch chapters of the
Friends have also made individual contributions of over
$97,000 to support numerous other Library projects including
the purchase of new materials for the collection; and
WHEREAS, Ms. Geranios and others under her leadership
have represented and advocated for quality public library
services locally and regionally, thereby increasing community
awareness of and excitement about the Library; and
WHEREAS, all of these activities have helped to
strengthen the Library's role as a community place for arts,
culture and information.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
Board of Supervisors this 27th day of May 2009, publicly
recognizes Ms. Kathryn Helen Geranios for her service to the
Library and to the citizens of Chesterfield County and
extends their appreciation for all the volunteer hours she
has given to this community and for the programs and services
her tireless efforts have helped to make possible.
AND, BE IT FURTHER RESOLVED that a copy of this
resolution be presented to Ms. Geranios, 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.
Mr. Holland presented the executed resolution to Ms. Geranios
and expressed appreciation for all of her hard work and
dedication to the Friends of Library.
Ms. Geranios expressed appreciation for the opportunity to
have worked with the Friends of the Library and the
recognition of the Board of Supervisors.
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5.B. RECOGNIZING DEPUTY FIRST CLASS JOHN A. STUCKEY,
SHERIFF'S OFFICE, UPON HIS RETIREMENT
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Sheriff Proffitt introduced Mr. Stuckey, who was present to
receive his resolution.
On motion of the Board, the following resolution was adopted:
WHEREAS, Mr. John A. Stuckey began his service to the
citizens of Chesterfield County as a Deputy Sheriff in the
Correctional Services Section of the Sheriff's Office under
Sheriff Emmett L. Wingo in February 1984; and
WHEREAS, in February 1988, Deputy Stuckey was promoted
to the rank of corporal and served in that position with
distinction until his transfer to the Court Services Section
as a deputy in July of 1989; and
WHEREAS, in November 2008, Deputy Stuckey met the
requirements to achieve the status of Deputy First Class
while still assigned to the Court Services Section; and
WHEREAS, Deputy First Class Stuckey has served with
honor and distinction in the Court Services Section of the
Sheriff's Office since 1988, receiving many letters of
appreciation and commendation, as well as being nominated
more than once for Employee of the Quarter and ultimately
being selected as the 2007 Employee of the Year; and
WHEREAS, Deputy First Class Stuckey's desire to do a
good job has been consistently evident in the performance of
his duties and in his service to the citizens of Chesterfield
County for more than 25 years.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors, this 27th day of May 2009,
publicly recognizes the outstanding contributions of Mr. John
A. Stuckey, expresses the appreciation of all residents for
his service to Chesterfield County, and extends appreciation
for his dedicated service to the county and congratulations
upon his retirement, as well as best wishes for a long and
happy retirement.
AND, BE IT FURTHER RESOLVED that a copy of this
resolution be presented to Mr. Stuckey, 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 resolution to Mr. Stuckey
and expressed appreciation for his dedication to Chesterfield
County.
Mr. Stegmaier presented an acrylic statue and Chesterfield
County watch to Mr. Stuckey for his years of service to
Chesterfield County.
Mr. Stuckey expressed appreciation to Sheriff Proffitt and to
Chesterfield County for the opportunity to work for such a
great locality.
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5.C.RECOGNIZING BUSINESS AWARD WINNERS
5.C.3. ACAC FITNESS AND WELLNESS CENTER, THE 2009 EMPLOYEE
IMPACT AWARD WINNER
Mr. Davis introduced Ms. Joyce Steed, General Manager, of
ACAC Fitness and Wellness Center, who was present with her
husband to receive the resolution.
On motion of the Board, the following resolution was adopted:
WHEREAS, the Chesterfield County Board of Supervisors
and Chesterfield County Economic Development established a
Business Awards Program to recognize existing businesses
within the county that contribute to the county's economy and
its citizens; and
WHEREAS, ACAC Fitness and Wellness Center is located in
Midlothian and employs more than 200 people; and
WHEREAS, the health and
business for 25 years and at
four years; and
wellness facility has been in
the Chesterfield location for
WHEREAS, The PREP Program at ACAC, also called the
physician referred exercise program, affords individuals who
may have multiple health risks the opportunity to work with
medical fitness specialists in a club environment; and
WHEREAS, all part-time employees receive a complimentary
individual club membership, and every full-time employee
receives a complimentary family membership; and
WHEREAS, the organization is dedicated to employees'
personal and professional development, which means paying
higher than industry standards and offering plenty of
opportunities to learn new skills; and
WHEREAS, ACAC rewards employees for excellent
performance, and their annual awards are based on the
organization's cultural imperatives: sales, service, lifelong
learning and leadership; and
WHEREAS, ACAC also rewards initiative by giving a
"Ready, Fire, Aim" award quarterly to an employee who has
displayed entrepreneurial spirit in creating or improving a
company program or service, and in addition to public
recognition, recipients receive a $1,500 cash bonus.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors, this 27th day of May 2009,
publicly recognizes ACAC Fitness and Wellness Center,
expresses its gratitude on behalf of the county for its many
contributions to the county, and congratulates the facility
for being named the 2009 Employee Impact Award winner.
AND, BE IT FURTHER RESOLVED that a copy of this
resolution be presented to ACAC Fitness and Wellness Center
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.
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Mr. Gecker presented the executed resolution to Ms. Steed,
congratulated her on the success of ACAC and expressed
appreciation for the facility's contributions to Chesterfield
County.
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Ms. Steed expressed appreciation to Chesterfield County for
the recognition of ACAC.
5.C.2. BANK OF VIRGINIA, THE 2009 COMMUNITY IMPACT
AWARD WINNER
Mr. Davis introduced Ms. Jan Hook, with Bank of Virginia, who
was present to receive the resolution.
WHEREAS, the Chesterfield County Board of Supervisors
and Chesterfield County Economic Development established a
Business Awards Program to recognize existing businesses
within the county that contribute to the county's economy and
its citizens; and
WHEREAS, Bank of Virginia is a community bank
headquartered in Chesterfield County with five area branch
locations, four of which are located in Chesterfield County;
and
WHEREAS, the majority of Bank of Virginia's 60 employees
live in Chesterfield County; and
WHEREAS, several Bank of Virginia employees regularly
volunteer with the Communities in Schools Program, serving as
mentors, class readers, and book and lunch buddies; and
WHEREAS, they have participated in the "Battle of the
Banks Bowl-a-Thon" which raised money for charity; and
WHEREAS, the employees hosted a canned food and toiletry
drive for area senior citizens during the Thanksgiving and
Christmas holidays, volunteered at various school events,
sponsored sports activities, and also sponsored a family
through the Christmas Mother Program.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors, this 27th day of May 2009,
publicly recognizes the Bank of Virginia, expresses gratitude
on behalf of the county to Bank of Virginia for its many
contributions to the county, and congratulates them for being
named the 2009 Community Impact Award winner.
AND, BE IT FURTHER RESOLVED that a copy of this
resolution be presented to Bank of Virginia 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.
Mr. Warren presented the executed resolution to Ms. Hook and
expressed appreciation for Bank of Virginia's dedication to
the community.
Ms. Hook expressed appreciation to Chesterfield County for
the recognition.
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5.C.1. SUPER RADIATOR COILS, THE 2009 INNOVATION IMPACT
AWARD WINNER AND CHESTERFIELD COUNTY'S 2009 BUSINESS
OF THE YEAR
Mr. Davis introduced Ms. Kari Mellina, Mr. Ramesh Shial, Mr.
Dave Dingman, Mr. Louis Rogerson, and Ms. Brooke Hughes,
employees of Super Radiator Coils, who were present to
receive the resolution.
On motion of the Board, the following resolution was adopted:
WHEREAS, the Chesterfield County Board of Supervisors
and Chesterfield County Economic Development established a
Business Awards Program to recognize existing businesses
within the county that contribute to the county's economy and
its citizens; and
WHEREAS, Super Radiator Coils is located in Southport
and employs 129 people; and
WHEREAS, Super Radiator .Coils has been in business for
80 years and at the Chesterfield location for 28 years; and
WHEREAS, Super Radiator Coils designs and manufactures
heat transfer coils for the residential, commercial and
industrial markets; and
WHEREAS, the most recent innovation Super Radiator Coils
completed is the construction of a Wind Tunnel; and
WHEREAS, this machine will help the company's Senior
Engineering staff to further refine their computer design
software to insure accuracy, and the ability to design the
most cost effective solution for their customers.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors, this 27th day of May 2009,
publicly recognizes Super Radiator Coils, expresses gratitude
on behalf of the county for their many contributions to the
county, and congratulates the company for being named both
the 2009 Innovation Impact Award winner and the 2009 Business
of the Year Award winner.
AND, BE IT FURTHER RESOLVED that a copy of this
resolution be presented to Super Radiator Coils 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.
Mr. Warren presented the executed resolution to Ms. Kari
Mellina and expressed appreciation for Super Radiator Coils'
dedication to Chesterfield County.
Ms. Mellina expressed appreciation on behalf of the employees
of Super Radiator Coils to Chesterfield County for the
recognition.
5.D. RECOGNIZING MS. REBECCA T. DICKSON FOR HER SERVICE TO
CHESTERFIELD COUNTY
Mr. Stegmaier introduced Ms. Rebecca T. Dickson, who was
present to receive the resolution.
On motion of the Board, the following resolution was adopted:
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WHEREAS, Ms. Rebecca T. Dickson is Chesterfield County's
Deputy County Administrator for Human Services, overseeing
the daily operations of 18 county departments including
health and welfare programs, leisure and recreation
activities, and the libraries, in addition to coordinating
activities and programs with 15 state and 5 federal agencies
as well as the Capital Region Workforce Partnership, the
Virginia Association of Local Human Service Officials, and
the Virginia Association of Counties; and
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WHEREAS, Ms. Dickson previously served as Chesterfield
County's Director of Budget and Management from 1997 until
May 2006, and has been a valuable member of the County's
Leadership Team for the past twelve years; and
WHEREAS, Ms. Dickson served as a Board member on various
boards including the Capital Area Health Advisory Council,
Community Policy Management Team, Community Criminal Justice
Board, Eppington Foundation, Health Center Commission,
Henricus Foundation, Senior Connections, Sports Backers; and
YWCA of Richmond; and
WHEREAS, as Deputy County Administrator, Ms. Dickson has
played a lead role in the development of the County's
Strategic Plan, consistently championing the process for
revalidating the Countywide Plan every four years to ensure
that the goals, objectives and measures of the organization
are valid and appropriate; as well as effective strategic
planning for the Human Services Division by involving key
stakeholders to identify, align and achieve desired outcomes;
and
WHEREAS, Ms. Dickson oversaw the successful initiation
of several Sports Tourism Projects that will ultimately
result in additional tax revenue and positive publicity for
the County, including an agreement with the Metropolitan
Richmond Sports Backers to complete a Sports Tourism
Strategic Plan; coordinating the development approval process
for the Richmond Kickers/Poseidon Sports Complex; and
coordinating the process to secure the commitment by the
Chesterfield Baseball Clubs Youth Baseball to bring the Pony
Bronco World Series to Chesterfield for at least the next
three years beginning in 2009; and
WHEREAS, Ms. Dickson played a critical role in the
County's "2007 Celebration Signature Events", a host of
successful economic development and tourism events resulting
in over 55,000 visitors to the County, including the visit of
the Godspeed at Henricus Park, Wine Festival with the Chamber
of Commerce, Chesterfield County Airshow, the renovation of
the County Museum, and a Delegation Exchange with Gravesham,
England to celebrate the 400th anniversary of the founding of
Jamestown; and
WHEREAS, Ms. Dickson was instrumental in the County
being recognized for a third time as one of the "100 Best
Communities for Young People" in 2008; and
WHEREAS, during her tenure as Director of Budget and
Management, Ms. Dickson was instrumental in ensuring the
County's Triple AAA Bond Rating was obtained and reaffirmed
each year, reflecting conservative financial policies and
sound financial and management practices; and
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WHEREAS, Ms. Dickson led the County's 1996 general
obligation bond referendum effort which totaled $228.4
million and received an average citizen approval rating of
over 780; as well as the 2004 referendum process which
totaled $341.7 million and received an average citizen
approval rating of over 82.50; and
WHEREAS, Ms. Dickson oversaw the successful issuance of
over $300 million in debt to construct capital facilities
needed for the County's growing population, receiving the
lowest pricing possible due to the County's triple AAA
rating; and.
WHEREAS, on behalf of the Board of Supervisors, Ms.
Dickson accepted the Government Finance Officers Association
Distinguished Budget Presentation Award each year during her
tenure as Director of Budget and Management, with
Chesterfield one of only four localities in the State to
achieve this award for more than 22 consecutive years; and
WHEREAS, Ms. Dickson displayed a strong commitment to
total quality principles and practices by playing a lead role
on the team. that prepared the application and site visit
which led to the County receiving the U.S. Senate
Productivity and Quality Award in 1994; as well as the Award
for Continuing Excellence in 1998 and again in 2004; and
WHEREAS, Ms. Dickson helped create the County's first
Technology Improvement Program in 2001 recognizing that
technology initiatives were as significant as "bricks and
mortar" in the delivery of services to citizens and achieving
operational efficiency; and
WHEREAS, Ms. Dickson served as the County's Project
Manager for the development of Watkins Centre, a major
economic development project positioned to become the
region's premier business and lifestyle center, with 2.3
million square feet of office, retail and light industrial
uses, as well as an employment center for upwards of 25,000
employees at build-out; and
WHEREAS, Ms. Dickson has excelled at providing exemplary
leadership and an unwavering commitment to make Chesterfield
County government a model of excellence through the promotion
of workplace diversity and cultural competency training for
employees; overseeing the implementation and integration of
the County's Total Quality System; exhibiting a commitment to
talent management and staff development to develop future
leaders; and by implementing customer satisfaction
initiatives to improve processes and services to our
citizens; and
WHEREAS, having devoted nearly 19 years of public
service to the citizens of Chesterfield County, Ms. Dickson
has exemplified outstanding leadership, wisdom, vision and
dedication.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors, this 27th day of May 2009,
publicly recognizes the exemplary career achievements of Ms.
Rebecca T. Dickson, thanks her for innumerable contributions
to the citizens of Chesterfield County and the Greater
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Metropolitan Richmond region, and extends to her heartfelt
appreciation and warmest wishes.
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AND, BE IT FURTHER RESOLVED that a copy of this
resolution be presented to Ms. Dickson 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. Jaeckle stated in the 17 months since the Board took
office if anything was needed, Ms. Dickson was able to get it
done quickly and thoroughly.
Mr. Gecker stated Ms. Dickson has always been someone the
Board could turn to if something was needed.. He further
stated the county would be happy to have her back if she
should change her mind. He expressed appreciation for all
that Ms. Dickson has done for Chesterfield County.
Mr. Holland wished Ms. Dickson well in her future endeavors
and expressed appreciation for all of her hard work and
dedication to Chesterfield County.
Ms . Durfee wished Ms . Dickson
Chesterfield County has been
for 19 years.
the best of luck. She stated
fortunate to have Ms. Dickson
Mr. Warren expressed appreciation for Ms. Dickson's
dedication to Chesterfield County. He stated Ms. Dickson
will continue to be a friend to Chesterfield County because
of the regional cooperation with Goochland County. He wished
Ms. Dickson well with her future endeavors.
Ms. Dickson expressed appreciation for the opportunity to
have worked for Chesterfield County. She stated she .has
worked with some great people over the years.
Mr. Stegmaier stated Ms. Dickson has made a huge impact
within the organization.
Mr. John Easter,. representing the Chesterfield Business
Council, expressed appreciation to Ms. Dickson for all she
has done for Chesterfield County, and presented her with a
framed resolution. from the Business Council, in recognition
of her service.
6. WORK SESSIONS
There were no Work Sessions scheduled at this time.
7. DEFERRED ITEMS
7.A. ADOPTION OF THE FY2010 COMMUNITY DEVELOPMENT BLOCK
GRANT PROGRAM AND THE HOME INVESTMENT PARTNERSHIP
ANNUAL PLAN
Mr. Carmody stated this item had been deferred at the April
29, 2009 meeting. He further stated an allocation amount of
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$1,852,500 has been received from the federal government and
staff recommends approval.
In response to Ms. Jaeckle's question, Mr. Carmody stated the
change requested by the Board has been implemented, which
does not affect the bottom line of the item.
On motion of Mr. Gecker, seconded by Ms. Jaeckle, the Board
adopted the FY2010 Community Development Block Grant Program
and the HOME Investment Partnership Annual Plan, as amended.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
7.B. ADOPTION OF COUNTY PROCEDURE FOR THE DEBARMENT OF
VENDORS AND CONTRACTORS
Mr. Johnson stated this item had been deferred from the April
15, 2009 meeting. He further stated staff has spoken with
the citizen who raised concerns and has amended the
procedure.
Mr. Gecker expressed concerns relative to the procedure and
apologized to Mr. Johnson for not getting in touch with him.
He requested a deferral to June 24, 2009.
On motion of Mr. Gecker, seconded by Mr. Holland, the Board
deferred adoption of county procedure for the debarment of
vendors and contractors to June 24, 2009.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
7.C. AMEND THE COUNTY'S APPROPRIATIONS RESOLUTION AND
TRANSFER THE UNDESIGNATED CAPITAL IMPROVEMENT
APPROPRIATION FOR FY2010 TO THE SCHOOL CAPITAL
IMPROVEMENT FUND
Mr. Carmody stated the Board adopted the Capital Improvement
Program which left $51.4 million in an undesignated capital
projects category, and this item requests the approval of the
Board to transfer those funds for school capital improvement
projects as the School Capital Improvement Program was
adopted by the School Board. He further stated in
conjunction with that request is a request of staff to amend
the county's appropriations resolution to reflect the change.
Ms. Jaeckle stated the School Board Liaison Committee did not
have discussions on issues of .substance such as the Capital
Improvement Program so the Board could answer questions of
the public relative to some of the changes being made. She
provided an example of the Midlothian Middle School, which
has a capacity of 1,489 and the school system will be adding
300 more seats, indicating and she is unclear as to why this
is being done. She stated the renovations are imperative on
some of the schools and hopefully next year the School Board
Liaison Committee will have more in depth discussions
relative to the upcoming budget and the upcoming Capital
Improvement Program, which would allow better understanding
on the part of the Board of Supervisors. She further stated
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the School Board and School Administration are in charge of
the workings of the school system but the Board of
Supervisors is responsible to the taxpayers on how the money
is spent.
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Ms. Durfee stated the decision which has to be made today on
the School's Capital Improvement Program required dialog at a
higher level relative to the information and facts received
by the Board. She further stated the opportunities existed
for the two Boards to utilize the potential of identifying
and focusing on the concerns expressed in the Budget and
Audit and School Board Liaison meetings, but the cooperation
to have a deeper dialog to obtain the information needed was
not there. She stated in the future, the two Boards should
engage in discussions focused on the information needed to
make informed decisions relative to the taxpayers money; need
to utilize their full potentials; and identify the critical
items or information to review. She stated she is looking
forward to challenging both the Board of Supervisors and the
School Board in the coming year as work on the budget begins.
Mr. Holland stated there is always an opportunity for
improvement throughout processes and he is confident the
School Board and Board of Supervisors will move forward in an
unprecedented mode of cooperation and understanding in an
attempt to meet the needs of the students in Chesterfield
County.
Mr. Holland then made a motion for the Board to approve
amending the county's appropriations resolution and to
transfer the undesignated Capital Improvement Appropriation
of $51,438,600 for FY2010 to the School Capital Improvement
Fund.
Mr. Gecker seconded the motion of Mr. Holland, for the-Board
to approve amending the county's appropriations resolution
and to transfer the undesignated Capital Improvement
Appropriation of $51,400,600 for FY2010 to the School Capital
Improvement Fund. He stated from the perspective of the
Budget and Audit Committee, the hold up in the process was
not over trying to redo the entire plan. He further stated
the expansions to the middle schools are a long-term mistake
for the county. He stated he requested deferral of this item
to allow time to review the data and see if there were
compelling reasons for doing those expansions. He further
stated he completely supports the renovating of the older
facilities in the school system. He stated due to so many of
the dollars in the CIP going to renovations and the projects
are 2004 Bond Referendum Projects, he is comfortable
supporting it. He further stated he desires the School
Division to more seriously consider the issue of school size
in the future. He stated the two middle schools in the
Midlothian District are proposed to have a school size well
past the reasonable size of 1,200 as adopted in the Public
Facilities Plan in 2004. He further stated he hopes for a
better dialog in the future about the proposed school sizes
in Chesterfield County. He stated he is looking forward to
working with the School Board starting in July on the Budget
and Audit Committee.
Mr. Warren called for a vote on the motion of Mr. Holland,
seconded by Mr. Gecker, for the Board to approve the county's
appropriations resolution as amended and to transfer the
undesignated Capital Improvement Appropriation for FY2010 to
the School Capital Improvement Fund.
09-367
05/27/09
And, further, the Board adopted the amended Appropriations
Resolution, as follows:
A RESOLUTION TO APPROPRIATE DESIGNATED FUNDS AND ACCOUNTS
FROM DESIGNATED ESTIMATED REVENUES FOR FY2010 FOR FISCAL
PLANNING PURPOSES FOR THE OPERATING BUDGETS AND THE CAPITAL
IMPROVEMENT PROGRAM FOR THE COUNTY OF CHESTERFIELD, VIRGINIA
BE IT HEREBY RESOLVED by the Board of Supervisors of the
County of Chesterfield:
That for the fiscal year beginning on the 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 operate and provide a capital
improvement program 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.
FY2010
General Fund Amended
Estimated
Revenue: From Local Sources:
General Property Taxes $365,777,600
Other Local Taxes 88,933,100
Licenses, Permits, Fees 4,773,900
Fines, Forfeitures and Uses
of Money & Property 6,147,300
Service Charges 29,937;500
Miscellaneous and Recovered
Costs 13,829,900
From Other Agencies:
State and Federal 134,767,700
Other Financing Sources:
Reserves 13,443,900
Transfer from County Grants
Fund 690,900
Transfer from County Capital
Projects 926,800
Transfer from Vehicle &
Communicat ions Maintenance
Fund 11,800
Transfer from Water
Operating Fund 2,455,100
Transfer from Wastewater
Operating Fund 2,600
Anticipa ted F und Balance
7/1/09 53,495,000
Total Revenues $715,193,100
Appropriations: General Government $47,922,600
Administration of Justice $8,440,800
Public Safety $140,084,300
Public Works $19,179,500
Health and Welfare $67,180,600
Parks, Rec., Cultural $20,782,300
Community Development $14,986,500
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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 Reimbursement, Colonial
Revenue: 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
Service
Transfer from General
State Sales Tax
Local Taxes
Grounds Maintenance
Total General Fund
Food
$25,333,200
$317,351,700
$436,600
$53,495,000
$715,193,100
$237,800
4,500,000
150,000
445,200
1,397,100
2,594,900
175,000
$9,500,000
$9,500,000
$9,500,000
$22,508,100
242,587,250
53,602,700
4,233,300
Appropriations:
Fund:
Beginning Fund Balance
Total Revenues, Transfers &
Reserves
Instruction
Administration / Attendance &
Health
Pupil Transportation
Operations & Maintenance
Technology
Debt Service
Food Service
Grounds Maintenance
Transfer and Reserve for
School Capital Projects
Total Appropriations
09-369
649,150
800,000
48,701,000
238,239,000
2,161,000
$289,101,000
1,000,000
$614,481,500
410,493,073
19,644,928
28,879,054
59,183,224
10,832,321
47,909,500
20,550,000
2,161,000
14,828,400
$614,481,500
05/27/09
Schools - Appomattox Regional Governor's
School Fund
Estimated
Revenue: Local Sources $2,586,900
State 1,099,700
Total Revenues, Transfers and
Reserves $3,686,600
Appropriations Education $3,686,600
Total Appropriations $3,686,600
County Grants Fund:
Estimated
Revenue: From Other Governments $10,235,300
From the General Fund 2,831,100
Total Revenue $13,066,400
Adult Drug Court Grant
Appropriations: (Commonwealth's 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 1,781,700
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 480,400
VJCCCA 1,458,700
Total Appropriations $13,066,400
County CIP Fund
Estimated
Revenue: Lease/Purchase Proceeds $1,252,000
General Obligation Bonds 19,289,200
Transfer from General Fund 13,937,400
Transfer from Cash Proffers 2,863,100
Cash Proffers 2,863,100
Grants 250,000
Other / Interest Earnings 12,530,000
Total Revenue $52,984,800
Appropriations: County Capital Projects $47,761,000
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09-370
05/27/09
Transfer to Schools $2,160,700
Transfer from Cash Proffers
to Capital Projects 2 863,100
Transfer to the General Fund 200,000
Total County CIP Funds $52,984,800
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Schools CIP Fund
Estimated
Revenue: Bond Proceeds
Transfer from
Fund
State Technol~
CIP reserve
Total Revenue
$32,598,000
Cash Proffer
2,160,700
~gy Fund 1,851,500
14,828,400
and Transfers $51,438,600
Appropriations: School Capital Projects $51,438,600
Total Appropriations $51,438,600
Vehicle and Communications Maintenance
Estimated
Revenue: Fleet Management Charges 17,335,600
Radio Shop Charges 2,212,200
Total Revenue $19,547,800
Appropriations:' Fleet Management Operations 17,335,600
Radio Shop Operations 2,212,200
Total Appropriations $19,547,800
Capital Projects Management Fund
Estimated
Revenue: Reimbursement for Services $859,300
Total Revenue $859,300
Construction Management
Appropriations: Operations $859,300
Total Appropriations $859,300
Risk Management Fund
Estimated
Revenue: Operating Revenues $7,845,100
Beginning Retained Earnings 4,762,400
Total Revenue $12,607,500
Appropriations: Risk Management Operations $7,895,100
Ending Retained Earnings 4,712,400
Total Appropriations $12,607,500
Airport Fund
Estimated
Revenue: Federal Grant $427,500
State Grant 13,500
Operating Revenue 707,800
Transfer from General fund 84,000
Total Revenue $1,232,800
Appropriations: Airport Operations $782,800
Airport Capital Improvements 450,000
Total Appropriations $1,232,800
09-371
05/27/09
Utilities Funds
Estimated
Revenue: Service Charges $64,890,000
Capital Cost Recovery Charges 13,118,000
Hydrant/Fire Protection 2,452,600
Other Revenue 11,165,200
Anticipated Future Revenue 44,431,300
Total Revenue $136,057,100
Appropriations: Operations $57,605,000
Debt Service 17,873,500
Transfer to Capital
Improvement Projects 58,126,000
Payment in Lieu of Taxes 2,452,600
Total Appropriations $136,057,100
Utilities Capital Project Funds
Estimated Transfer from
Revenue: Improvement/Replacement Fund $58,126,000
Total Revenue $58,126,000
Appropriations: Capital Projects $58,126,000
Total Appropriations $58,126,000
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.
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
for which the county
directly related to
reimbursement.
09-372
made to the county
has expended funds
that refund or
05/27/09
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c) Revenue not to exceed $50,000.
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Sec. 5 All outstanding encumbrances, both operating and
capital, in all county funds up to $15 million, at
June 30, 2009 shall 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
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 10% of the original
contract amount or 20% 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.
09-373
05/27/09
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.
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.
Sec. 16 The County Administrator is authorized to
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
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09-374
05/27/09
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.
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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 50% 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 100% of accumulated
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
09-375
05/27/09
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 100% tax relief;
b) Personal use vehicles valued at $1,001 to
$20,000 will be eligible for 65% 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
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.
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, and Holland.
Nays: None.
Abstain: Durfee.
Mr. Warren stated he reviewed the summaries of the last four
independent surveys performed in Chesterfield County and the
School System received the highest score that they had ever
received in the most recent 2008 survey. He further stated
it is a reflection on our quality of life but also the safety
of the schools and the cooperation that exists between the
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county and schools. He applauded the Board for showing
leadership and moving this important part of the county's
budget forward.
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8. NEW BUSINESS
8.A. APPOINTMENTS
On motion of Mr. Gecker, seconded by Ms. Durfee, the Board
suspended its rules to allow simultaneous nomination/
appointment/reappointment of members to serve on various
Boards and Commissions.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
8.A.1. COMMUNITY SERVICES BOARD
On motion of Mr. Gecker, seconded by Ms. Durfee, the Board
simultaneously nominated/appointed Ms. Paula Futrell and Mr.
Lawrence Bunnell to serve on the Chesterfield Community
Services Board, whose terms are effective June 1,_2009 and
expire December 31, 2011.
And, further, the Board designated Mr. Lawrence Olszewski,
who currently serves as an at-large member, as the Clover
Hill representative.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
8.A.2. CAMP BARER MANAGEMENT BOARD
On motion of Mr. Gecker, seconded by Ms. Durfee, the Board
simultaneously nominated/reappointed Mr. Vincent Burgess, Mr.
William Collie, and Mr. Charles K. Childers to serve on the
Camp Baker Management Board, whose terms are effective May 1,
2009 through April 30, 2012.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
8.A.3. ECONOMIC DEVELOPMENT AUTHORITY
On motion of Mr. Gecker, seconded by Ms. Durfee, the Board
simultaneously nominated/appointed Dr. Carlton E. Miller to
the Economic Development Authority, whose term is effective
July 1, 2009 and will expire on June 30, 2013.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
8.A.5. CITIZEN'S RECYCLING ADVISORY COMMITTEE
On motion of Mr. Gecker, seconded by Ms. Durfee, the Board
simultaneously nominated/appointed Ms. Leona Dooley, Clover
Hill District and Ms. Erica Trout, Matoaca District, to the
Citizen's Recycling Advisory Committee, whose terms shall be
effective immediately and expire on June 30, 2010.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
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05/27/09
8.B. STREETLIGHT INSTALLATION COST APPROVALS
On motion of Mr. Holland, seconded by Ms. Durfee, the Board
approved the following streetlight installations:
DALE DISTRICT:
• In the Jessup Meadows subdivision: At the intersection
of Jessup Road and Jessup Meadows Drive, on the existing
pole
Cost to install streetlight: $79.83
• Jessup Meadows Drive, in the vicinity of 5661
Cost to install streetlight: $1,502.64
MATOACA DISTRICT:
• In the Brandy Oaks subdivision: On Walkmill Reach Trail,
in the vicinity of 11119/11129
Cost to install streetlight: $2,009.75
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
8.C. CONSENT ITEMS
8.C.2. ADOPTION OF RESOLUTIONS
8.C.2.a. RECOGNIZING FIREFIGHTER MARK A. BENNETT, FIRE AND
EMERGENCY MEDICAL SERVICES DEPARTMENT, UPON HIS
RETIREMENT
On motion of Mr. Gecker, seconded by Ms. Durfee, the Board
adopted the following resolution:
WHEREAS, Firefighter Mark A. Bennett will retire from
the Chesterfield County Fire and Emergency Medical Services
Department, on June 1, 2009; and
WHEREAS, Firefighter Bennett attended Recruit School #17
and faithfully served the county for 23 years in various
assignments; as a firefighter at the Wagstaff, Clover Hill
and Centralia Fire and EMS Stations; and as an assistant fire
marshal in the Fire & Life Safety Division; and
WHEREAS, Firefighter Bennett was recognized as the
Firefighter of the Year for 1991; and
WHEREAS, Firefighter Bennett was awarded an EMS Life
Save Award in 2006 for his role in saving the life of a
citizen involved in a motor vehicle accident on Centralia
Road; and
WHEREAS, Firefighter Bennett has been an effective team
member throughout his service, and an asset serving as an
assistant fire marshal from January 2007 until January 2008
in conducting inspections and delivering fire safety
education; and
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09-378
05/27/09
WHEREAS, Firefighter Bennett was instrumental in
Chesterfield County acquiring thermal imaging cameras and in
training his fellow firefighters in their use as a life-
saving tool to locate victims hidden in smoke; and
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WHEREAS, Firefighter Bennett has managed the maintenance
and repair of this equipment in the Chesterfield Fire and
Emergency Medical Services Department's atmospheric monitor
and thermal imaging camera shop, thereby saving significant
repair costs.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors recognizes the contributions of
Firefighter Mark A. Bennett, expresses the appreciation of
all residents for his service to the county, and extends
their appreciation for his dedicated service and their
congratulations upon his retirement.
AND, BE IT FURTHER RESOLVED, that a copy of this
resolution be presented to Firefighter Bennett, 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.
8.C.2.b. RECOGNIZING FIREFIGHTER KENNETH W. HENLEY, FIRE
AND EMERGENCY MEDICAL SERVICES DEPARTMENT, UPON
HIS RETIREMENT
On motion of Mr. Gecker, seconded by Ms. Durfee, the Board
adopted the following resolution:
WHEREAS, Firefighter Kenneth W. Henley will retire from
the Chesterfield County Fire and Emergency Medical Services
Department, on July 1, 2009; and
WHEREAS, Firefighter Henley attended Recruit School #21
in 1989 and has faithfully served the county for twenty years
in various assignments as a firefighter at the Clover Hill,
Buford, Swift Creek, Bensley, and River's Bend Fire and EMS
Stations; and
WHEREAS, Firefighter Henley was recognized as an
effective team member in the successful delivery of a baby in
July 1991; and
WHEREAS, Firefighter Henley was also recognized as an
effective team member while assigned to Engine Company 9, "C"
Shift, with a unit citation for his exemplary actions in the
fire suppression effort at the Old Buckingham Station
Apartment Complex; and
WHEREAS, Firefighter Henley's mechanical and plumbing
skills saved the department numerous contractor service calls
and repair bills with his ability to repair broken items in
the fire station.
County Board of Supervisors recognizes the contributions of
Firefighter Kenneth W. Henley, expresses the appreciation of
all residents for his service to the county, and extends
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
09-379
05/27/09
their appreciation for his dedicated service and their
congratulations upon his retirement.
AND, BE IT FURTHER RESOLVED that a copy of this
resolution be presented to Firefighter Henley, 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.
8.C.2.c. RECOGNIZING MR. DANIEL S. GASKILL, UTILITIES
DEPARTMENT, UPON HIS RETIREMENT
On motion of Mr. Gecker, seconded by Ms. Durfee, the Board
adopted the following resolution:
WHEREAS, Mr. Daniel Gaskill began his public service
with the Chesterfield County Utilities Department's water
treatment plants on July 1, 1978, and has faithfully served
Chesterfield County for over thirty-one years; and
WHEREAS, Mr. Gaskill advanced in his career to become
the Maintenance Supervisor for the Addison/Evans Water
Treatment Plant where he was responsible for the proper
functioning of a wide array of equipment and duties
associated with water treatment plant operation, reservoir
maintenance, emergency response for dam operation and general
facility repair and upkeep; and
WHEREAS, Mr. Gaskill provided outstanding leadership and
guidance to his staff thereby enabling the maintenance
section to effectively respond to the water plant's equipment
repair needs for many years as evidenced by the facility
being awarded the Environmental Protection Agency's Ten-Year
Directors Award in 2008 for superior water treatment; and
WHEREAS, Mr. Gaskill was recognized by his peers in the
water industry for being a highly competent professional as
evidenced by the Falling Creek Reservoir and the Swift Creek
Reservoir dams being named the best maintained and operated
dams in the State of Virginia for 1994, 1996, 2002 and 2004
by the Virginia Lakes and Watershed Association; and
WHEREAS, Mr. Gaskill will forever have the respect and
affection of those he worked with for his amazing ability to
troubleshoot and repair malfunctioning equipment, his always
reliable, calm and effective response to emergency situations
at the treatment plant and dams, his success off the job as a
musician, and his- wise and collegial support of his co-
workers.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors recognizes Mr. Daniel Gaskill for
his outstanding contribution, expresses the appreciation of
all residents for his service to the county, and extends
their appreciation for his dedicated service to the county,
congratulations upon his retirement, and best wishes for a
long and happy retirement.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
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8.C.2.d. RECOGNIZING THE 25TH ANNIVERSARY OF VIRGINIA EMS
MED-FLIGHT I
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On motion of Mr. Gecker, seconded by Ms. Durfee, the Board
adopted the following resolution:
WHEREAS, on April 1, 2009, Virginia EMS Med-Flight I
marked its 25th year of providing emergency care and prompt
air medical evacuation for the citizens of Chesterfield
County and surrounding areas and during that time has
completed more than 11,000 life-saving missions; and
WHEREAS, the foresight of a number of state and local
officials in the early 1980's led to the establishment and
activation in Chesterfield County, Virginia of EMS Med-Flight
on' April 1, 1984, as a cooperative venture of the Virginia
Department of State Police and the Chesterfield Fire
Department, a venture that has continued uninterrupted to
this day; and
WHEREAS, the Virginia State Police agreed to provide the
helicopter and its pilots; the Chesterfield Fire Department,
now the Chesterfield Fire and EMS Department, supplied the
highly trained and skilled flight paramedics; the Virginia
Department of Emergency Management's Emergency Operations
Center provided dispatch coordination; and the Medical
College of Virginia provided medical control and specialized
in-hospital training for flight paramedics; and
WHEREAS, EMS Med-Flight's primary mission was, and would
continue to be, to respond round the clock and at no charge
to calls of traumatic injuries, where advanced life support
treatment and immediate transport of an injured patient to a
trauma center during the "golden hour" could be the
difference between life and death; and
WHEREAS, an EMS Med-Flight crew of a Trooper Pilot and
Flight Paramedic flew the first mission on April 4, 1984,
ushering in a new level of advanced pre-hospital patient
care, and during its first year flew 274 patients from
accident scenes to the Medical College of Virginia Hospital,
a Level I Trauma Center; and
WHEREAS, other EMS Med-Flight Partners, including the
Virginia Department of Health's Office of Emergency Medical
Services, the Virginia Department of Emergency Management and
MCV Hospitals/Virginia Commonwealth University, in
conjunction with the Virginia State Police and Chesterfield
Fire Department, have demonstrated their unprecedented and
unwavering cooperation in supporting this air medical
evacuation program during the past 25 years; and
WHEREAS, EMS Med-Flight I, based at Chesterfield County
Airport and equipped with a BK117 helicopter containing
state,of-the-art emergency medical technology, continues to
respond 24 hours a day, seven days a week, to calls for
emergency assistance in a 60-mile radius of Richmond; and
WHEREAS, EMS Med-Flight I has contributed to the health
and safety of residents throughout Central Virginia, and has
served as a model for the establishment of two other Med-
Flight programs in other areas of Virginia; and
WHEREAS, the citizens of Chesterfield County have over
the past 25 years benefitted significantly from having the
EMS Med-Flight I program based and available to emergency
medical calls and law enforcement activities within
Chesterfield County; and
09-381
05/27/09
WHEREAS, the dedicated women and men who make up the EMS
Med-Flight I Team, on the ground and in the air, now and
during the past 25 years, are justified in taking pride in
the outstanding record of effective and safe emergency care
they have rendered continuously to their fellow citizens in
Chesterfield County and elsewhere in Central Virginia.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors recognizes the outstanding
contributions of the Virginia EMS Med-Flight I program and
extends on behalf of its members and the citizens of
Chesterfield County, sincere appreciation for the outstanding
delivery of emergency medical care and its dedication to
improving the safety and quality of life for our residents.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
8.C.3. SET DATES FOR PUBLIC HEARINGS
8.C.3.a. TO CONSIDER GRANTING AN OPTION AGREEMENT TO
COURTHOUSE 3, LLC TO PURCHASE APPROXIMATELY SIX
ACRES OF PROPERTY LOCATED ON REYCAN ROAD IN THE
CHESTERFIELD COUNTY INDUSTRIAL AIRPARK AND
AUTHORIZE SALE OF THE PROPERTY IF THE OPTION IS
EXERCISED
On motion of Mr. Gecker, seconded by Ms. Durfee, the Board
set a public hearing date of June 24, 2009, for the Board to
consider authorizing the County Administrator to enter into
the Option Agreement approved by the County Attorney for a 6-
acre parcel located on Reycan Road, exclusive of any
wetlands, to Courthouse 3, LLC; and authorize the sale of the
property if the option is exercised.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
8.C.3.b.
DEPARTMENT CONDITIONAL USE FEES
TO CONSIDER PROPOSED ADJUSTMENTS TO PLANNING
On motion of Mr. Gecker, seconded by Ms. Durfee, the Board
set a public hearing date of June 24, 2009, for the Board to
consider proposed adjustments to the Planning Department
Conditional Use fees.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
8.C.3.c. TO CONSIDER THE FY2010 SECONDARY ROAD IMPROVEMENT
BUDGET
On motion of Mr. Gecker, seconded by Ms. Durfee, the Board
set a public hearing date of June 24, 2009, for the Board to
consider the Virginia Department of Transportation (VDOT)
FY2010 Secondary Road Improvement Budget for Chesterfield
County.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
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8.C.4. APPROPRIATION OF ROAD CASH PROFFERS AND AUTHORIZATION
TO PROCEED WITH THE DESIGN, ENVIRONMENTAL PERMITTING,
RIGHT-OF-WAY ACQUISITION, CONSTRUCTION ADVERTISEMENT,
AND AWARD OF A CONSTRUCTION CONTRACT FOR THE BEULAH
ROAD (IRONGATE DRIVE TO SUMMERLEAF DRIVE) PROJECT
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On motion of Mr. Gecker, seconded by Ms. Durfee, the Board
appropriated $350,000 in road cash proffers from Traffic Shed
9 for the Beulah Road (Irongate Drive to Summerleaf Drive)
Project; authorized staff to proceed with the design and
environmental permitting for the project; authorized staff to
acquire the right-of-way, including advertisement of an
eminent domain public hearing, if necessary; authorized the
Chairman of the Board of Supervisors and County Administrator
to execute easement agreements for relocation of utilities;
and authorized advertisement and award of a construction
contract, up to $275,000, to the lowest responsible bidder.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
8.C.5. AWARD OF CONTRACT TO J H MARTIN AND SONS FOR PHASE B
SITE IMPROVEMENTS FOR THE CARVER HEIGHTS SANITARY
LANDFILL
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On motion of Mr. Gecker, seconded by Ms. Durfee, the Board
authorized the County Administrator to sign a contract with J
H Martin & Sons for site improvements at the Carver Heights
sanitary landfill, in the amount of $492,528.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
8.C.6. DESIGNATION OF RIGHT OF WAY FOR HARROWGATE ROAD
On motion of Mr. Gecker, seconded by Ms. Durfee, the Board
approved designation of right of way for Harrowgate Road and
authorized the County Administrator to execute the
declaration.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
8.C.7. ESTABLISHMENT OF CHESTERFIELD COUNTY COMPREHENSIVE
PLAN STEERING COMMITTEE
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On motion of Mr. Gecker, seconded by Ms. Durfee, the Board
established the Chesterfield County Comprehensive Plan
Steering Committee.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
8.C.8. STATE ROAD ACCEPTANCE
On motion of Mr. Gecker, seconded by Ms. Durfee, the Board
adopted the following resolution:
09-383
05/27/09
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: Five Forks Village South Section 4
Type Change to the Secondary System of State Addition
Reason for Change: New subdivision street
Pursuaat to Code of Virginia §33.1-229
Street Name and/or Route
• Cogbill Road, State Route Number 638
From: Newbys Bridge Rd., (Rt. 649)
To: Garden Ridge Rd., (Rt. 7394), a distance of: 0.16 miles.
Recordation Reference: Pb. 166, Pg. 72
Right of Way width (feet) = 90
• Cogbill Road, State Route Number 638
From: Garden Ridge Rd., (Rt. 7394)
To: Willow Grove Rd., (Rt. 5969), a distance of: 0.19 miles.
Recordation Reference: Pb. 166, Pg. 72
Right of Way width (feet) = 90
• Garden Ridge Road, State Route Number 7394
From: Cogbill Rd., (Rt. 638)
To: Garden Ridge Pl., (Rt. 7397), a distance of: 0.07 miles.
Recordation Reference: Pb. 166, Pg. 72
Right of Way width (feet) = 50
• Garden Ridge Place, State Route Number 7397
From: Garden Ridge Rd., (Rt. 7394)
To: Cul-de-sac, a distance of: 0.07 miles.
Recordation Reference: Pb. 166, Pg. 72
Right of Way width (feet) = 50
• Garden Ridge Road, State Route Number 7394
From: Garden Ridge P1., (Rt. 7397)
To: Cul-de-sac, a distance of: 0.02 miles.
Recordation Reference: Pb. 166, Pg. 72
Right of way width (feet) = 50
• Garden Ridge Trace, State Route Number 7398
From: Garden Ridge Rd., (Rt. 7394)
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05/27/09
To: Garden Ridge Ct., (Rt. 7399), a distance of: 0.11 miles.
Recordation Reference: Pb. 166, Pg. 72
Right of Way width (feet) = 50
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• Gardea Ridge Court, State Route Number 7399
From: Garden Ridge Trce., (Rt. 7398)
To: Cul-de-sac, a distance of: 0.04 miles.
Recordation Reference: Pb. 166, Pg. 72
Right of Way width (feet) = 50
• Garden Ridge Trace, State Route Number 7398
From: Garden Ridge Ct., (Rt. 7399)
To: Cul-de-sac, a distance of: 0.03 miles.
Recordation Reference: Pb. 166, Pg. 72
Right of Way width (feet) = 50
• Garden Grove Road, State Route Number 7395
From: Coghill Rd., (Rt. 638)
To: Garden Grove Ct., (Rt. 7396), a distance of: 0.04 miles.
Recordation Reference: Pb. 166, Pg. 72
Right of Way width (feet) = 50
• Garden Grove Court, State Route Number 7396
From: Garden Grove Rd., (Rt. 7395)
To: Cul-de-sac, a distance of: 0.15 miles.
Recordation Reference: Pb. 166,. Pg. 72
Right of Way width (feet) = 50
• Garden Grove Road, State Route Number 7395
From: Garden Grove Ct., (Rt. 7396)
To: Cul-de-sac, a distance of: 0.07 miles.
Recordation Reference: Pb. 166, Pg. 72
Right of Way width (feet) = 50
And, further, the Board adopted the following resolution:
WHEREAS, the street 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
street meets the requirements established by the Subdivision
Street Requirements of the Virginia Department of
Transportation.
NOW, THEREFORE, BE IT RESOLVED, that this Board requests
the Virginia Department of Transportation to add the street
described below to the secondary system of state highways,
pursuant to Section 33.1-229, Code of Virginia, and the
Department's Subdivision Street Requirements.
AND, BE IT FURTHER RESOLVED, that this Board guarantees
a clear and unrestricted right-of-way, as described, and any
necessary easements for cuts, fills and drainage.
AND, BE IT FURTHER RESOLVED, that a certified copy of
this resolution be forwarded to the Resident Engineer for the
Virginia Department of Transportation.
09-385
05/27/09
Project: West Chesterfield Heights
T••^e Change to the Secondary System of State
Reason for Change: New subdivision street
Pursuant to Code of Virginia §33.1-229
Street Name and/or Route
• Plumtree Street, State Route Number 1156
From: Roosevelt Ave (Rt. 1157)
To: 0.07 miles northwest of Plumtree ST (Rt.
miles.
Recordation Reference: Db. 8097 Pg. 212
Right of Way width (feet) = 50
Addition
1156), a distance of: 0.07
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: Rountrey 1
'gyp Change to the Secondary System of State Addition
Reason for Change: New subdivision street
Pursuant to Code of Virginia §33.1-229
Street Name and/or Route
• North Woolridge Road, State Route Number 668
From: Woolridge Rd. (Rt. 668)
To: 0.11 miles North of Woolridge Road (Rt. 668), a distance of: 0.11
miles.
Recordation Reference: Pb 173, Pg 15
Right of way width (feet) = 38
• North Woolridge Road, State Route Number 668
From: 0.11 miles North of Woolridge Rd (Rt. 668)
To: Yarcombe Rd. (Rt. 7387), a distance of: 0.09 miles.
Recordation Reference: Pb 173, Pg 15
Right of Way width (feet) = 50
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05/27/09
• Yarcombe Road, State Route Number 7386
From: North Woolridge Rd., (Rt. 668)
To: Evershot Dr., (Rt. 7387), a distance of: 0.04 miles
Recordation Reference: Pb 173, Pg 15
Right of Way width (feet) = 48
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• Yarcombe Road, State Route Number 7386
From: Evershot Dr., (Rt. 7387)
To: Wivenhall Dr., (Rt. 7390), a distance of: 0.06 miles.
Recordation Reference: Pb 173, Pg 15
Right of Way width (feet) = 44
• Evershot Drive, State Route Number 7387
From: Yarcombe Rd., (Rt. 7386)
To: Evershot Cr., (Rt. 7388), a distance of: 0.10 miles.
Recordation Reference: Pb 173, Pg 15
Right of Way width (feet) = 44
• Evershot Drive, State Route Number 7387
From: Evershot Cr., (Rt. 7388)
To: Evershot Cr., (Rt. 7388), a distance of: 0.02 miles.
Recordation Reference: Pb 173, Pg 15
Right of Way width (feet) = 44
• Evershot Drive, State Route Number 7387
From: Evershot Cr., (Rt. 7388)
To: Wivenhall Dr., (Rt. 7390), a distance of: 0.06 miles.
Recordation Reference: Pb 173, Pg 15
Right of Way width (feet) = 44
• Evershot Drive, State Route Number 7387
From: Wivenhall Dr., (Rt. 7390)
To: Evershot Ct. (Rt. 7389), a distance of: 0.04 miles.
Recordation Reference: Pb 173, Pg 15
Right of Way width (feet) = 44
• Evershot Drive, State Route Number 7387
From: Evershot Ct., (Rt. 7389)
To: Cul-de-sac, a distance of: 0.02 miles.
Recordation Reference: Pb 173, Pg 15
Right of Way width (feet) = 44
• Evershot Circle, State Route Number 7388
From: Evershot Dr., (Rt. 7387)
To: Evershot Dr., (Rt. 7387), a distance of: 0.04 miles.
Recordation Reference: Pb 173, Pg 15
Right of Way width (feet) = Var.
• Evershot Court, State Route Number 7389
From: Evershot Dr., (Rt. 7387)
To: Cul-de-sac, a distance of: 0.05 miles.
Recordation Reference: Pb 173, Pg 15
Right of Way width (feet) = 40
• Wivenhall Drive, State Route Number 7390
From: Yarcombe Rd., (Rt. 7386)
To: Evershot Dr., (Rt. 7387), a distance of: 0.13 miles.
Recordation Reference: Pb 173, Pg 15
Right of Way width (feet) = 40
09-387
05/27/09
• North Woolridge Road, State Route Number 668
From: Yarcombe Rd., (Rt. 7386)
To: 0.10 miles north of Yarcombe Rd., (Rt. 7386), a distance of: 0.10
miles.
Recordation Reference: Pb 173, Pg 15
Right of Way width (feet) = VAR.
• North Woolridge Road, State Route Number 668
From: 0.10 miles north of Yarcombe Rd., (Rt. 73 86)
To: Spaldwick Ln., (Rt. 7393), a distance of: 0.09 miles.
Recordation Reference: Pb 173, Pg 15
Right of Way width (feet) = VAR.
• North Woolridge Road, State Route Number 668
From: Spaldwick Ln., (Rt. 7393)
To: Temp EOM, a distance of: 0.0 2 miles.
Recordation Reference: Pb 173, Pg 15
Right of Way width (feet) = Var.
• Spaldwick Laae, State Route Number 7393
From: North Woolridge Rd., (Rt. 668)
To: Evershot Dr., (Rt. 7387), a distance of: 0.05 miles.
Recordation Reference: Pb 173, Pg 15
Right of Way width (feet) = 48
• Evershot Drive, State Route Number 7387
From: Spaldwick Ln., (Rt. 7393)
To: Pencader Rd., (Rt. 7391), a distance of: 0.13 miles.
Recordation Reference: Pb 173, Pg 15
Right of Way width (feet) = 44
• Evershot Drive, State Route Number 7387
From: Pencader Rd., (Rt. 7391)
To: Yarcombe Rd., (Rt. 7386), a distance of: 0.06 miles.
Recor dation Reference: Pb 173, Pg 15
Right of Way width (feet) = 44
• Pencader Road, State Route Number 7391
From: Evershot Dr., (Rt. 7391)
To: Pinery Wy., (Rt. 7392), a d istance of: 0 .13 miles.
Recordation Reference: Pb 173, Pg 15
Right of Way width (feet) = 40
• Pinery Way, State Route Number 7392
From: Pencader Rd., (Rt. 7391)
To: Cul-de-sac, a distance of: 0.03 miles.
Recordation Reference: Pb 173, Pg 15
Right of Way width (feet) = 40
• Pinery Way, State Route Number 7392
From: Pencader Wy., (Rt. 7391)
To: Temp EOM, a distance of: 0.03 miles.
Recordation Reference: Pb 173, Pg 15
Right of way width (feet) = 40
• Spaldwick Lane, State Route Number 7393
From: Evershot Dr., (Rt. 7387)
To: Cul-de-sac, a distance of: 0.07 miles.
Recordation Reference: Pb 173, Pg 15
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05/27/09
Right of Way width (feet) = 40
• Bvershot Drive, State Route Number 7387
From: Spaldwick Ln., (Rt. 7393)
To: Cul-de-sac, a distance of: 0.09 miles.
Recordation Reference: Pb 173, Pg 15
Right of Way width (feet) = 44
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• Yarcombe Road, State Route Number 7386
From: Wivenhall Dr., (Rt. 7390)
To: Cul-de-sac, a distance of: 0.03 miles.
Recordation Reference: Pb. 173, Pg. 15
Right of Way width, (feet) = 44
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
8.C.9. AWARD OF CONSTRUCTION CONTRACTS
8.C.9.a. FOR THE COURTHOUSE ROAD SPOT IMPROVEMENT PROJECT
On motion of Mr. Gecker, seconded by Ms. Durfee, the Board
authorized the County Administrator to award a construction
contract up to $790,000 for the Courthouse Road Spot
Improvement Project.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
8.C.9.b. FOR THE OTTERDALE ROAD BRIDGE REPLACEMENT PROJECT
On motion of Mr. Gecker, seconded by Ms. Durfee, the Board
authorized the award of a construction contract to George
Nice and Sons in the amount of $468,206.00 for the Otterdale
Road Bridge Replacement Project.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
8.C.11. APPROVAL OF AN AMENDED AND RESTATED PURCHASE
AGREEMENT WITH NORTH AMERICAN PROPERTIES- ATLANTA,
LTD FOR THE SALE OF APPROXIMATELY FIFTY-SEVEN ACRES
OF COUNTY-OWNED LAND LOCATED AT THE .INTERSECTION OF
IRONBRIDGE ROAD AND COURTHOUSE ROAD
On motion of Mr. Gecker, seconded by Ms. Durfee, the Board
authorized the County Administrator to execute the Amended
and Restated Purchase Agreement with North American
Properties-Atlanta, LTD for the sale of approximately fifty-
seven acres of county-owned land located at the intersection
of Ironbridge Road and Courthouse Road.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
09-389
05/27/09
8.C.12.
8.C.12.a.
REQUESTS TO QUITCLAIM
A PORTION OF A VARIABLE WIDTH WATER EASEMENT
MIDLOTHIAN, LLC
ACROSS THE PROPERTY OF ZAREMBA METROPOLITAN
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 variable width water easement across the
property of Zaremba Metropolitan Midlothian, 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.C.12.b. A PORTION OF A VARIABLE WIDTH STORM WATER
MANAGEMENT SYSTEM/BEST MANAGEMENT PRACTICE
EASEMENT ACROSS THE PROPERTY OF THE PHOENIX, L.P.
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 variable width SWM/BMP easement across the
property of The Phoenix, L.P. (It is noted a copy of the plat
is filed with the papers of this Board.)
Ayes:
Nays:
8.C.13.
8.C.13.a.
Warren, Gecker, Jaeckle, Holland, and Durfee.
None.
APPROVAL OF CHANGE ORDERS
FOR THE SUNNYBROOK PUMP STATION RELIEF SEWER
PROJECT
On motion of Mr. Gecker, seconded by Ms. Durfee, the Board
approved Change Order Number Three and Final for the
Sunnybrook Pump Station Relief Sewer Project in the amount of
$16,223.25 and authorized the County Administrator to execute
the necessary documents.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
8.C.13.b.
FOR THE FALLING CREEK WASTE WATER PUMP STATION
UPGRADES
On motion of Mr. Gecker, seconded by Ms. Durfee, the Board
approved Change Order Number Six for the Falling Creek Waste
Water Pump Station Upgrades in the amount of $64,718.50 and
authorized the County Administrator to execute the necessary
documents.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
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8.C.13.c. TO RAYMOND KEY COMMERCIAL CONTRACTING FOR THE
REMOVAL AND REPLACEMENT OF UNSUITABLE SOILS AT
THE ADDITION AND RENOVATION PROJECT TO THE
CHESTERFIELD COUNTY COURTS BUILDING
On motion of Mr. Gecker, seconded by Ms. Durfee, the Board
authorized the County Administrator to execute a change order
to the construction contract with Raymond Key Commercial
Contracting for the removal and replacement of unsuitable
soils to the Chesterfield County Courts Building addition and
renovation project in the amount of $54,610.40.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
8.C.14. CONVEYANCE OF EASEMENT TO VIRGINIA ELECTRIC AND
POWER COMPANY TO PROVIDE SERVICE TO THE NEW
SUNNYBROOK PUMP STATION
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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 an easement agreement with
Virginia Electric and Power Company for a 15-foot underground
easement to provide service to the new Sunnybrook Pump
Station. (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.C.15. REQUESTS FOR PERMISSION
8.C.15.a. FROM PATRICIA H. ANKIEL FOR AN EXISTING AND
PROPOSED DECK TO ENCROACH WITHIN A SIXTEEN-FOOT
SEWER EASEMENT ACROSS LOT 20, GREENHAM, SECTION 2
On motion of Mr. Gecker, seconded by Ms. Durfee, the Board
approved a request for permission from Patricia H. Ankiel for
an existing and proposed deck to encroach within a 16-foot
sewer easement across Lot 20, Greenham, Section 2. (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.C.15.b. FROM BETHIA UNITED METHODIST CHURCH FOR AN
EXISTING SIGN TO ENCROACH WITHIN COUNTY RIGHT OF
WAY ALONG WINTERPOCK ROAD
On motion of Mr. Gecker, seconded by Ms. Durfee, the Board
approved a request for permission from Bethia United
Methodist Church for an existing sign to encroach within
county right of way along Winterpock Road. (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.
09-391
05/27/09
8.C.15.c.
21, BLOCK B, RAVENSDALE SUBDIVISION
ENCROACH WITHIN AN EIGHT-FOOT EASEMENT ACROSS LOT
FROM MISAEL MARTINEZ FOR A PROPOSED FENCE TO
On motion of Mr. Gecker, seconded by Ms. Durfee, the Board
approved a request for permission from Misael Martinez for a
proposed fence to encroach within an 8-foot easement across
Lot 21, Block B, Ravensdale Subdivision. (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.C.15.e. FROM WOUTER H. VANGUMSTER AND ESTHER M. VANGUMSTER
FOR AN EXISTING FENCE TO ENCROACH WITHIN AN EIGHT-
FOOT DRAINAGE EASEMENT AND AN EIGHT-FOOT EASEMENT
ACROSS LOT 61, TANNER VILLAGE, SECTION A AT
CHARTER COLONY
On motion of Mr. Gecker, seconded by Ms. Durfee, the Board
approved a request for permission from Wouter H. VanGumster
and Esther M. VanGumster for an existing fence to encroach
within an 8-foot drainage easement and an 8-foot easement
across Lot 61, Tanner Village, Section A at Charter Colony.
(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.C.16. ACCEPTANCE OF PARCELS OF LAND
8.C.16.a. ALONG TURNER ROAD FROM CMC INVESTMENT
PROPERTIES, LLC
On motion of Mr. Gecker, seconded by Ms. Durfee, the Board
accepted the conveyance of a parcel of land containing 0.10
acres along Turner Road from CMC Investment Properties, LLC,
and authorized the County Administrator to execute the deed.
(It is noted a copy of the plat is filed with the papers of
this Board.)
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
8.C.16.b. ALONG GENITO ROAD FROM ALAN R. DELFORN, TRUSTEE
AND GENITO PROPERTIES, LLC
On motion of Mr. Gecker, seconded by Ms. Durfee, the Board
accepted the conveyance of four parcels of land containing a
total of 0.0816 acres along Genito Road from Alan R. Delforn,
Trustee and Genito Properties, 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, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
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8.C.16.c. ALONG GENITO ROAD FROM ALAN R. DELFORN, TRUSTEE
AND GENITO ROAD ASSOCIATES, LLC
On motion of Mr. Gecker, seconded by Ms. Durfee, the Board
accepted the conveyance of two parcels of land containing a
total of 0.0373 acres along Genito Road from Alan R. Delforn,
Trustee and Genito Road Associates, LLC and authorized the
County Administrator to execute the deed. (It is noted a copy
of the plat is filed with the papers of this Board.)
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
8.C.16.d. ALONG WEST HUNDRED ROAD FROM CHARLES P. PHELPS
AND SANDRA L. ULLOA
0
On motion of Mr. Gecker, seconded by Ms. Durfee, the Board
accepted the conveyance of a parcel of land containing 0.12
acres along West Hundred Road from Charles P. Phelps and
Sandra L. Ulloa, and authorized the County Administrator to
execute the deed. (It is noted a copy of the plat is filed
with the papers of this Board.)
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
8.C.17. TRANSFER OF DISTRICT IMPROVEMENT FUNDS
8.C.17.a. FROM THE DALE DISTRICT IMPROVEMENT FUND TO THE
CHESTERFIELD COUNTY SCHOOL BOARD TO PURCHASE
TURNING POINT STUDENT RESPONSE SYSTEM WITH CAMERAS
FOR LLOYD C. BIRD HIGH SCHOOL
On motion of Mr. Gecker, seconded by Ms. Durfee, the Board
transferred $2,000 from the Dale District Improvement Fund to
the Chesterfield County School Board to purchase a Turning
Point Student Response System with Cameras for Lloyd C. Bird
High School.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
8.C.17.b. FROM THE BERMUDA DISTRICT TO THE PARKS AND
RECREATION DEPARTMENT TO PAY PUBLICITY, RENTAL
AND STAFFING COSTS FOR THE AUGUST 22, 2009
CELEBRATION OF THE 100TH ANNIVERSARY OF BENSLEY
VILLAGE, THE FIRST PLANNED SUBDIVISION IN
CHESTERFIELD COUNTY
On motion of Mr. Gecker, seconded by Ms. Durfee, the Board
transferred $3,000 in Bermuda District Improvement Funds to
the Parks and Recreation Department to pay publicity, rental
and staffing costs for the August 22, 2009 celebration of the
100th anniversary of Bensley Village, the first planned
subdivision in the County.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
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05/27/09
8.C.18. REQUEST FOR PERMIT TO STAGE A FIREWORKS DISPLAY AT
THE CHESTERFIELD COUNTY FAIRGROUNDS ON JULY 4, 2009
On motion of Mr. Gecker, seconded by Ms. Durfee, the Board
approved a permit to stage a fireworks display at the
Chesterfield County Fairgrounds on July 4, 2009.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
8.C.19. APPROVAL OF RECOMMENDATION TO SELL GENERAL
OBLIGATION BONDS FOR CAPITAL PROJECTS
On motion of Mr. Gecker, seconded by Ms. Durfee, the Board
authorized staff to sell $70.9 million in general obligation
bonds for FY2009 and FY2010 capital projects.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
The following items were removed from the Consent Agenda for
Board comment:
8.C.1. AWARD OF CONTRACT FOR PROFESSIONAL OCCUPATIONAL
MEDICINE SERVICES TO COMPASSMD, PLC, FOR
COMPREHENSIVE PHYSICALS FOR CAREER FIREFIGHTERS
Mr. Holland stated he would like to send this item to the
Budget and Audit Committee for a recommendation to be made to
the Board in June.
On motion of Mr. Holland, seconded by Mr. Warren, the Board
deferred authorization to the County Administrator to enter
into a contract for professional services with CompassMD,
PLC, to perform annual comprehensive physicals for career
firefighters to allow time for the Budget and Audit Committee
to review the contract and make a recommendation to the Board
at it's June 24, 2009 meeting.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
8.C.9.c. TO A. D. WHITTAKER CONSTRUCTION INCORPORATED FOR
THE CONSTRUCTION OF THE ADDITION AND RENOVATIONS TO
THE HEALTH AND SOCIAL SERVICES BUILDING
Ms. Jaeckle stated the building clearly needs some additions
and renovations, but she is unsure of the need for the
addition of 71,000 square feet. She requested staff to
review the possibility of using other space within the county
complex.
Mr. Gecker requested a priority list of capital renovation
items in and around the county complex from Mr. Stegmaier.
Mr. Warren stated the bid received is a good price and the
county needs to review this carefully because now is the time
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to make improvements due to the state of the economy and
lower bids being submitted by contractors to the county.
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In response to Mr. Holland's question, Mr. Gecker stated if
the item is deferred for 30 days the county will not lose the
bid price.
On motion of Mr. Gecker, seconded by Ms. Jaeckle, the Board
deferred until June 24, 2009 consideration of a contract with
A. D. Whittaker Construction Inc. in the amount of $9,900,000
for the construction of the addition and renovations to the
Health and Social Services Building.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
8.C.10. ADOPTION OF POLICY REGARDING NON-COUNTY WASTEWATER
TREATMENT FACILITIES
Mr. Gecker requested that the Board be briefed all together
to have the benefit of everyone's ideas on this item.
On motion of Mr. Gecker, seconded by Mr. Holland, the Board
set a work session on Adoption of Policy Regarding Non-county
Wastewater Treatment Facilities for June 24, 2009.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
8.C.15.d. FROM STONEY GLEN SOUTH ASSOCIATION, INCORPORATED
FOR EXISTING PLAYGROUND EQUIPMENT AND AN EXISTING
WOODEN FENCE TO ENCROACH WITHIN A VARIABLE WIDTH
STORM WATER MANAGEMENT SYSTEM BEST MANAGEMENT
PRACTICE EASEMENT AND A TWENTY-FOOT DRAINAGE
EASEMENT ACROSS OPEN SPACE IN STONEY GLEN SOUTH,
SECTION 6
Ms. Jaeckle expressed appreciation for Mr. Turner's
assistance helping the homeowners navigate through a
complicated experience.
On motion of Ms. Jaeckle, seconded by Mr. Gecker, the Board
approved a request for permission from Stoney Glen South
Association, Incorporated for existing playground equipment
and an existing wooden fence to encroach within a variable
width storm water management system/best management practice
easement and a 20-foot drainage easement across open space in
Stoney Glen South, Section 6. (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.A.4. COMPREHENSIVE PLAN STEERING COMMITTEE
On motion of Mr. Holland, seconded by Ms. Durfee, the Board
suspended its rules to allow simultaneous nomination/
appointment to the Comprehensive Plan Steering Committee.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
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05/27/09
Mr. Gecker stated he would like to nominate/appoint Mr. David
Reel as .the Home Building Association of Richmond
representative for the Committee.
On motion of Mr. Gecker, seconded by Mr. Holland, the Board
simultaneously nominated/appointed Ms. Carrie Coyner, Ms.
Lisa Coffey, Ms. Ree Hart, Mr. Cliff Bickford, Mr. Mark
Endries, Mr. Douglas Hackman, Mr. Bob Herndon, Ms. Shelly
Shuetz, Ms. Cathy Kirk, Mr. Travis Collins, Mr. Mike Harton,
Ms. Joan Girone, Mr. Keith McGinniss, Ms. Margaret Ketchum,
Mr. Dick White, Ms. Andrea Epps, Mr. Imad Damaj, Mr. John
Hughes, Ms. Norma Szakal, Mr. Jeff Collins, Ms. Julie Joyner,
Mr. Bill Girvin, Mr. Stephen Elswick, Mr. Bill Hastings, Mr.
Dave Anderson, Mr. Michael Royster, Mr. Mike Chandler, Mr.
Lee Brazzell, Mr. Edward Gerardo, Ms. Laura Lafayette, Mr.
David Reel and a Large Industry Representative to be
appointed later, to serve on the Comprehensive Plan Steering
Committee, whose terms will expire in approximately 18
months.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
9. REPORTS
9.A. REPORT ON DEVELOPER WATER AND SEWER CONTRACTS
9.B. REPORT ON STATUS OF GENERAL FUND BALANCE, RESERVE FOR
FUTURE CAPITAL PROJECTS, DISTRICT IMPROVEMENT FUNDS
AND LEASE PURCHASES
9.C. REPORT ON ROADS ACCEPTED INTO THE STATE SECONDARY
SYSTEM
9.D. REPORT OF PLANNING COMMISSION SUBSTANTIAL ACCORD
DETERMINATION FOR WILTON DEVELOPMENT CORPORATION (CASE
09PD0275) TO PERMIT A PUBLIC ROAD
On motion of Mr. Gecker, seconded by Ms. Durfee, the Board
accepted the following reports: A Report on Developer Water
and Sewer Contracts; A Report on Status of General Fund
Balance, Reserve for Future Capital Projects, District
Improvement Funds and Lease Purchases; and A Report of
Planning Commission Substantial Accord Determination for
Wilton Development Corporation (Case 09PD0275) to Permit a
Public Road.
And, further, the following roads were accepted into the
State Secondary System:
D TITI T T T (1T~T
LENGTH
DAVIS TRACT
(Effective 04/30/2009)
Rivington Drive (Route 1570) - From 0.05
miles east of Edenshire Road (Route 1589)
to Branders Creek Drive (Route 5909) 0.25 Mi.
HANCOCKS QUARTER
(Effective 04/28/2009)
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Epaulet Court (Route 7382) - From Hancocks
Quarter Lane (Route 7318) to cul-de-sac 0.08 Mi.
Friesian Terrace (Route 7383) - From Hancocks
Quarter Lane (Route 7318) to cul-de-sac 0.15 Mi.
Hancocks Quarter Lane (Route 7318) - From
Epaulet Court (Route 7382)/Friesian Terrace
(Route 7383) to Stile Gate Terrace (Route 7384) 0.08 Mi.
Hancocks Quarter Lane (Route 7318) - From 0.01
miles northwest of Foxcreek Crossing (Route 7297)
to Friesian Terrace (Route 7383)/Epaulet
Court (Route 7382) 0.05 Mi.
Stile Gate Terrace (Route 7384) - From Hancocks
Quarter Lane (Route 7318) to cul-de-sac 0.02 Mi.
Stile Gate Terrace (Route 7384) - From Hancocks
Quarter Lane (Route 7318) 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
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There were no speakers at this time.
Mr., Warren introduced Ms. Beth Danziger of NBC12 who is the
Chesterfield County reporter for the station and will be
moving to Texas. He stated Ms. Danziger has done a wonderful
job reporting on issues in and around Chesterfield County.
Ms. Danziger expressed appreciation to each of the Board
members and the county for being so open when it comes to
issues related to Chesterfield County.
Mr. Warren stated Public Affairs appreciates the relationship
with Ms. Danziger and NBC12.
Mr. Holland expressed ,appreciation for Ms. Danziger's
assistance in helping keep the citizens of Chesterfield
County informed.
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:
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05/27/09
12. INVOCATION
Reverend Jerome Hancock, Senior Pastor, Southside Church of
the Nazarene, gave the invocation.
13. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF
AMERICA
Eagle Scout Michael Milano led the Pledge of Allegiance to
the Flag of the United States of America.
Mr. Holland recognized members of the Chesterfield Alumnae
Chapter of Delta Sigma Theta Sorority, Incorporated, which
was chartered on March 11, 1995 and is one of 900 chapters
under Delta Sigma Theta. He stated the members of this
chapter have worked diligently making a significant
difference in the lives of residents of Chesterfield and
surrounding communities. He reviewed some of the community
service projects the chapter has been involved with.
14. RESOLUTIONS
14.A. RECOGNIZING THE OUTSTANDING PUBLIC SERVICE OF
DELEGATE FRANKLIN P. HALL
Ms. Curtin introduced Delegate Franklin Hall, who was present
to receive the resolution.
On motion of Mr. Holland, seconded by Ms. Durfee, the Board
adopted the following resolution:
WHEREAS, Delegate Franklin P. Hall was elected to the
Virginia House of Delegates in 1975; and
WHEREAS, Delegate Hall served as Democratic leader from
2002 to 2008; and
WHEREAS, Delegate Hall was a senior member of the Rules;
Joint House and Senate Rules; and Counties, Cities and Towns
committees; and
WHEREAS, Delegate Hall also served for many years on the
House Appropriations and Finance committees; and
WHEREAS, Delegate Hall served for many years on the
Health and Human Resources subcommittee of House
Appropriations and championed the provision of services to
the mentally disabled and others; and
WHEREAS, Delegate Hall also was a champion for
legislation creating community development authorities,
thereby giving local governments an innovative financing
tool; and
WHEREAS, Delegate Hall served as a staunch supporter of
the business community; and
WHEREAS, Delegate Hall provided outstanding constituent
service; and
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WHEREAS, Governor Timothy M. Kaine announced the
appointment of Delegate Franklin P. Hall to the Virginia
Alcoholic Beverage Control Commission, effective April 15,
2009.
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NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors, this 27th day of May 2009,
publicly recognizes the outstanding public service of
Delegate Franklin P. Hall, thanks him for his immeasurable
contributions to the people of the Commonwealth of Virginia
and Chesterfield County, and extends best wishes for
continued success as Commissioner of the Virginia Alcoholic
Beverage Control Commission.
AND, BE IT FURTHER RESOLVED that a copy of this
resolution be presented to Delegate Hall 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.
Mr. Warren presented the executed resolution to Delegate
Hall, and each Board member expressed appreciation for all of
the work Delegate Hall has provided to the citizens of
Chesterfield County.
Delegate Hall stated it has been an honor and a privilege to
serve the citizens of Chesterfield County.
14.B. RECOGNIZING PHILIP MORRIS PARK 500 AND THE
SUSTAINABILITY PARR AS WINNERS OF THE 2009 GOVERNOR'S
ENVIRONMENTAL EXCELLENCE AWARDS AT THE ENVIRONMENT
VIRGINIA 2009 SYMPOSIUM
Mr. Davis introduced Ms. Brenda Robinson, representing The
Sustainability Park and Mr. Blase Keegel and Mr. Tony
Nobinger, representing Philip Morris Park 500.
On motion of Mr. Holland, seconded by Ms. Durfee, the Board
adopted the following resolution:
WHEREAS, Virginia's Secretary of Natural Resources
announced the winners of the 2009 Governor's Environmental
Excellence Awards at the Environment Virginia 2009 Symposium
in Lexington, Virginia; and
WHEREAS, the awards recognize the significant
contributions of environmental and conservation leaders in
environmental projects, environmental programs and land
conservation; and
WHEREAS, the Philip Morris Park 500 facility, located in
Chester, Virginia, was awarded the Gold Medal for its
environmental management system process; and
WHEREAS, Philip Morris has been certified as meeting the
ISO 14001 Standard, an international standard for
environmental excellence; and
WHEREAS, the program has resulted in solid waste
reduction of 1 million pounds per month, a 50 percent
reduction in monthly steam use, a 40 percent reduction in
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05/27/09
electricity use, and a monthly reduction in water use of 10
million gallons; and
WHEREAS, Philip Morris also was awarded a Gold Medal for
its Park 500 Natural Treatment System, which processes the
plant's wastewater through an on-site treatment plant before
discharging it back into the James River; and
WHEREAS, the water treatment system is designed to
reduce total nitrogen by 14 percent and total phosphorous by
34 percent, and preliminary data indicates that the plant is
exceeding those limits, thereby helping to preserve the James
River; and
WHEREAS, in the wetlands area near the plant, 70 new
animal species have been identified; and
WHEREAS, Philip Morris also has formed a partnership
with Virginia Commonwealth University to conduct research and
foster educational opportunities; and
WHEREAS, as home to this Philip Morris facility,
Chesterfield County greatly appreciates the outstanding
environmental stewardship exhibited by Philip Morris.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors, this 27th day of May 2009,
publicly recognizes the exemplary environmental stewardship
efforts of Philip Morris USA, and on behalf of all residents
of Chesterfield County and the region, expresses appreciation
for the leadership Philip Morris has shown in its efforts to
protect the environment.
AND, BE IT FURTHER RESOLVED that a copy of this
resolution be presented to Philip Morris, and that this
resolution be permanently recorded among the papers of this
Board of Supervisors of Chesterfield County, Virginia.
And, further, the following resolution was adopted:
WHEREAS, Virginia's Secretary of Natural Resources
announced the winners of the 2009 Governor's Environmental
Excellence Awards at the Environment Virginia 2009 Symposium
in Lexington, Virginia; and
WHEREAS, the awards recognize the significant
contributions of environmental and conservation leaders in
environmental projects, environmental programs and land
conservation; and
WHEREAS, The Sustainability Park, located in Chester,
Virginia, was a Gold Medal recipient in the 2009 awards
program; and
WHEREAS, the vision of The Sustainability Park is to
link industries that provide sustainable solution to
governments, municipalities and other businesses in a
symbiotic relationship that maximizes the synergies of the
businesses together; and
WHEREAS, begun in 2006, The Sustainability Park
currently has eight businesses that include manufacturing,
transportation and recycling; and
WHEREAS, among the businesses that have been attracted
to the Sustainability Park are a wood-waste recycling
operation that produces horse bedding and wood fuel pellets;
and a 500-ton-per-day construction and demolition debris
recycler, among others; and
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WHEREAS, The Sustainability Park was recognized also for
its beneficial use of tobacco by-products and for its reuse
of water from retention ponds; and
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WHEREAS, the water treatment system is designed to
reduce total nitrogen by 14 percent and total phosphorous by
34 percent, and preliminary data indicates that the plant is
exceeding those limits, thereby helping to preserve the James
River; and
WHEREAS, employment by the various companies located at
the Sustainability Park grew to 80 by the summer of 2008; and
WHEREAS, this Sustainability Park is the first of its
kind not only in Virginia, but in the United States, where it
sets a wonderful example for other localities and businesses.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors, this 27th day of May 2009,
publicly recognizes the exemplary environmental stewardship
efforts of The Sustainability Park, and on behalf of all
residents of Chesterfield County and the region, expresses
appreciation to the businesses located there for the manner
in which they contribute to the protection of our vital
natural resources.
AND, BE IT FURTHER RESOLVED that a copy of this
resolution be presented to The Sustainability Park, 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. Jaeckle presented the executed resolutions to Ms.
Robinson, Mr. Keegel and Mr. Nobinger and expressed
appreciation for their dedication to the environment.
Ms. Robinson and Mr. Keegel expressed appreciation to
Chesterfield County for the recognition.
14.C. RECOGNIZING BOY SCOUTS UPON ATTAINING THE RANK OF
EAGLE SCOUT
14.C.1. MR. MICHAEL SCOTT MILANO, DALE DISTRICT
14.C.2. MR. ROBERT JOSEPH NEWSOME, MIDLOTHIAN DISTRICT
14.C.3. MR. STEPHEN KYLE PARKER. MIDLOTHIAN DT~TRTCT
14.C.4. MR. DANIEL HARMATY MORTON, MIDLOTHIAN DISTRICT
Mr. Kappel introduced Mr. Michael Milano, Mr. Robert Newsome,
Mr. Stephen Parker and Mr. Daniel Morton, who were present to
receive the resolutions.
On motion of Mr. Warren, 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
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05/27/09
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. Michael Scott
Milano, Troop 2877, sponsored by Chester Presbyterian Church;
Mr. Robert Joseph Newsome, Troop 876, sponsored by Mount
Pisgah United Methodist Church; and Mr. Stephen Kyle Parker
and Mr. Daniel Harmaty Morton, both of Troop 800, sponsored
by Bethel Baptist Church, have accomplished those high
standards of commitment and have reached the long-sought goal
of Eagle Scout which is received by only four percent of
those individuals entering the Scouting movement; and
WHEREAS, growing through their experiences in Scouting,
learning the lessons of responsible citizenship, and
endeavoring to prepare themselves for roles as leaders in
society, Michael, Robbie, Stephen and Daniel have
distinguished themselves as members of a new generation of
prepared young citizens of whom we can all be very proud.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors, this 27th day of May 2009,
hereby extends its congratulations to Mr. Michael Scott
Milano, Mr. Robert Joseph Newsome, Mr. Stephen Kyle Parker
and Mr. Daniel Harmaty Morton, 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. Holland and Mr. Gecker presented the executed resolutions
to the scouts, congratulated them on their achievements and
wished them well in future endeavors.
Mr. Milano, Mr. Newsome, Mr. Parker and Mr. Morton each
presented details of their Eagle Scout projects and expressed
appreciation to their parents for their support.
14.D. RECOGNIZING MISS LOREN CHANEY BOSTIC UPON ATTAINING
THE GOLD AWARD
Mr. Kappel introduced Ms. Loren Chaney Bostic, who was
present with her mother, to receive the resolution:
On motion of Mr. Holland, seconded by Ms. Durfee, the Board
adopted the following resolution:
WHEREAS, the Girl Scouts of the United States of America
is an organization serving over 2.7 million girls, which was
founded by Juliette Gordon Low in 1912 to promote citizenship
training and personal development; and
WHEREAS, the Gold Award is the highest achievement award
in Girl Scouting and symbolizes outstanding accomplishments
in the areas of leadership, community service, career
planning, and personal development; and
WHEREAS, the Girl Scout Gold Award can only be earned by
girls aged 14 18 or in grades 9 12 and is received by less
than six percent of those individuals entering the Girl
Scouting movement; and
WHEREAS, after earning three interest project patches,
earning the Girl Scout Gold Leadership Award, the Girl Scout
Gold Career Award, and the Girl Scout Gold 4Bs Challenge
Award, and designing and implementing a Girl Scout Gold Award
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project, Ms. Loren Chaney Bostic, Troop 3150, sponsored by
Asbury United Methodist Church, has accomplished these high
standards and has been honored with the Girl Scouts of
America Gold Award by the Girl Scout Commonwealth Council of
Virginia, Incorporated; and
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WHEREAS, growing through her experiences in Girl
Scouting, learning the lessons of responsible citizenship,
and priding herself on the great accomplishments of her
country, Loren is indeed a member of a new generation of
prepared young citizens of whom we can all be very proud.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors, this 27th day of May 2009,
publicly recognizes Ms. Loren Chaney Bostic, extends
congratulations on her attainment of the Gold Award and
acknowledges the good fortune of the county to have such an
outstanding young woman as its citizen.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
Mr. Gecker presented the executed resolution to Ms. Bostic,
congratulated her on her achievements and wished her well on
her future endeavors.
Ms. Bostic provided details of her Gold Award project and
expressed appreciation to her family and friends for their
support.
15. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED
MATTERS
,~
Ms. Pam Wiseman, Chairman of F.A.C.E.S, addressed the Board
relative to the need for Crisis Intervention Team Training in
Chesterfield County for the Police Department. She presented
a petition with over 1,100 names requesting the county to
begin Crisis Intervention Team Training and recognized
approximately 20 citizens in the audience who stood in
support.
Mr. Bruce Eagle, Chairman of the Towing Advisory Board,
addressed the Board relative to the need for a policy to be
enacted which will prevent rogue towing companies showing up
to the scene of accidents soliciting business when they are
not on the county's Towing Contract with the Police
Department.
Mr. Tim McCord addressed the Board relative to the need for
Crisis Intervention Team Training in Chesterfield County for
the Police Department.
16. REQUESTS FOR MANUFACTURED HOME PERMITS AND REZONING
PLACED ON THE CONSENT AGENDA TO BE HEARD IN THE FOLLOWING
ORDER: - WITHDRAWALS/DEFERRALS - CASES WHERE THE
APPLICANT ACCEPTS THE RECOMMENDATION AND THERE IS NO
OPPOSITION - CASES WHERE THE APPLICANT DOES NOT ACCEPT
THE RECOMMENDATION AND/OR THERE IS PUBLIC OPPOSITION WILL
BE HEARD AT SECTION 18
09SN0159
In Matoaca Magisterial District, VA STATE UNIVERSITY BOOSTER
CLUB requests renewal of manufactured home permit O1SN0124
and amendment of zoning district map to permit a temporary
manufactured home in a Residential (R-7) District on .9 acre
09-403
05/27/09
known as 20911 Third Avenue.. The density of such amendment is
approximately 1.11 units per acre. The Comprehensive Plan
suggests the property is appropriate for residential use of
4.0 or less units per acre. Tax ID 796-612-8206.
Mr. Turner presented a summary of Case 09SN0159 and stated
staff and the Planning Commission recommended approval
subject to the conditions in the staff report.
Mr. Richard Booker, the Treasurer of the Virginia State
University Booster Club, accepted the recommendation.
Mr. Warren called for public comment.
There being no one to address the request, the public hearing
was closed.
On motion of Ms. Durfee, seconded by Mr. Holland, the Board
approved Case 09SN0159, subject to the following conditions:
1. This manufactured home permit shall be granted to and
for, Virginia State University Booster Club only and
shall not be transferable or run with the land.
2. This manufactured home permit shall be granted for a
period not to exceed seven (7) years from date of
approval. (P)
3. No additional permanent-type living space may be added
onto this manufactured home. This manufactured home
shall be skirted but shall not be placed on a permanent
foundation. (P)
4. This manufactured home shall be used as a non-profit
civic, social and fraternal club and lodge only. (P)
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
09SN0160
In Matoaca Magisterial District, VA STATE UNIVERSITY BOOSTER
CLUB requests Conditional Use and amendment of zoning
district map to permit non-profit civic, social and fraternal
clubs and lodges in a Residential (R-7) District on .9 acre
known as 20911 Third Avenue. Density will be controlled by
zoning conditions or Ordinance standards. The Comprehensive
Plan suggests the property is appropriate for residential use
of 4.0 or less units per acre. Tax ID 796-612-8206.
Mr. Turner presented a summary of Case 09SN0160 and stated
staff and the Planning Commission recommend approval subject
to the conditions in the staff report.
Mr. Richard Booker, the Treasurer of the Virginia State
University Booster Club, accepted the recommendation.
Mr. Warren called for public comment
There being no one to address request, the public hearing was
closed.
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05/27/09
On motion of Ms. Durfee, seconded by Mr. Holland, the Board
approved Case 09SN0160, subject to the following conditions:
1. This Conditional Use shall be granted to and for the VA
State University Booster Club only and shall not be
transferable or run with the land. (P)
2. This Conditional Use is to permit non-profit civic,
social and fraternal clubs and lodges only. (P)
3. Any development for non-profit civic, social and
fraternal clubs and lodges shall conform to the
requirements of the Zoning Ordinance for office uses in
the Ettrick Village Core. (P)
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
09SN0162
In Bermuda Magisterial District, DONALD R., SR & BOBBIE S.
MCCABE request Conditional Use and amendment of zoning
district map to permit a business (commercial kennel)
incidental to a dwelling on 1.5 acres known as 2100 Coxendale
Road. Density will be controlled by zoning conditions or
Ordinance standards. The Comprehensive Plan suggests the
property is appropriate for residential use of 2.51 to 4
units per acre. Tax ID 799-661-Part of 7476.
Mr. Turner presented a summary of Case 09SN0162 and stated
staff and the Planning Commission recommended approval and
acceptance of the proffered conditions.
Mr. and Ms. McCabe, the applicants, accepted the proffered
conditions listed in the staff report.
Mr. Warren called for public comment.
There being no one to address request, the public hearing was
closed.
On motion of Ms. Jaeckle, seconded by Mr. Warren, the Board
approved Case 09SN0162 and accepted the following proffered
conditions:
1. The Conditional Use shall be granted to and for Donald
R. McCabe, Sr. or Bobbie S. McCabe, exclusively, and
shall not be transferable or run with the land. (P)
2. The Conditional Use shall be limited to the operation of
a boarding kennel for a maximum of thirty-two (32) dogs.
(P)
3. Areas associated with the keeping of animals shall be
cleaned and made free of waste on a regular basis so as
to eliminate odors and the proliferation of insects.
(P)
4. One (1) sign shall be permitted to identify this use.
Such sign shall not exceed one (1) square foot in area
and shall not be illuminated. (P)
09-405
05/27/09
5. Sufficient on-site parking shall be provided so as to
preclude on-street parking to accommodate this use. (P)
6. No additional run areas, structures or fenced areas
shall be constructed to accommodate this use other than
those existing areas and structures as shown on the plan
prepared by Harvey L. Parks, Inc. dated November 14,
Zoos. (P)
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
09SN0164
In Midlothian Magisterial District, CHESTERFIELD COUNTY BOARD
OF SUPERVISORS proposes Conditional Use Planned Development
and amendment of zoning district map to permit exceptions to
Ordinance requirements relative to signage in a Community
Business (C-3) District on 2.6 acres fronting approximately
50 feet on the north line of Midlothian Turnpike
approximately 330 feet east of Buford Road. Density will be
controlled by zoning conditions or Ordinance standards. The
Comprehensive Plan suggests the property is appropriate for
community mixed use. Tax IDs 760-706-2885 and 760-707-2308.
Mr. Turner presented a summary of Case 09SN0164 and stated
staff and the Planning Commission recommended approval
subject to the condition.
Mr. Larry Haake, the Board's appointed agent, accepted the
recommendation.
Mr. Warren called for public comment.
There being no one to address request, the public hearing was
closed.
On motion of Mr. Gecker, seconded by Mr. Holland, the Board
approved Case 09SN0164, subject to the following condition:
The offsite directional sign identifying the rescue
squad building may be increased to a maximum of twenty
(20) square feet in area provided such facility
continues to be used as a polling precinct. Such sign
shall incorporate the street address of the rescue squad
building. At such time that the facility ceases to be
used as a polling precinct, this sign shall be brought
into compliance with current Ordinance limitations for
offsite directional signs. (P)
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
nocun~~~
In Midlothian Magisterial District, CHESTERFIELD COUNTY
UTILITIES DEPARTMENT requests Conditional Use and amendment
of zoning district map to permit an above-ground water
storage tank with communications tower use on 2.4 acres plus
Conditional Use Planned Development to permit exceptions to
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05/27/09
Ordinance requirements on the entire 3.2 acre tract in an
Agricultural (A) District fronting in 2 places for
approximately 220 feet on the east line of Ruthers Road,
approximately 570 feet north of Elkhardt Road. Density will
be controlled by zoning conditions or Ordinance standards.
The Comprehensive Plan suggests the property is appropriate
for residential use of 2.51 to 4.0 dwelling units per acre.
Tax IDs 761-701-6688 and 761-702-9007.
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Mr. Turner presented a summary of Case 09SN0175 and stated
staff and the Planning Commission recommended approval and
acceptance of the proffered conditions.
Mr. John Harmon, representing the Utilities Department,
accepted the recommendation.
Mr. Warren called for public comment.
There being no one to address request, the public hearing was
closed.
On motion of Mr. Gecker, seconded by Ms. Jaeckle, the Board
approved Case 09SN0175 and accepted the following proffered
conditions:
The following condition applies to all properties included in
this request:
1. The Textual Statement dated April 14, 2009 shall be
considered the Master Plan. (P)
The following conditions apply only to the portion of the
property designated as Tract B on Exhibit A prepared by
Whitman, Requardt and Associates LLP, dated February, 2009.
2. There shall be no signs permitted to identify the
communications tower use. (P)
3. The communications tower use shall only be
permitted if it is incorporated into the structure
of the water storage tank. Antennas and cables
shall be mounted so as to minimize their visual
impact and any antennas shall be mounted to the top
of the tank. (P)
4. The water storage tank shall be grey, white or
another neutral color, acceptable to the Planning
Department. The communications equipment
(antennas, mounting hardware, cables, etc.) mounted
on the outside of the water tank structure shall be
the same or similar color as the water tank.
Except for security lighting over the access doors
at the base of the tank, the tank and
communications equipment shall not be lighted. (P)
5. At such time that any communications tower antenna
or equipment ceases to be used for communications
purposes for a period exceeding twelve (12)
consecutive months, the owner/developer of the
communications tower use shall dismantle and remove
the antennas and all associated equipment from the
property. (P)
09-407
05/27/09
6. Prior to any site plan approval or within ninety
(90) days of a written request by the
Transportation Department, whichever occurs first,
thirty-five (35) feet of right-of-way, measured
from the centerline of Ruthers Road shall be
dedicated, free and unrestricted, to and for the
benefit of Chesterfield County. (T)
7. Except for the timbering approved by the Virginia
State Department of Forestry for the purpose of
removing dead or diseased trees, there shall be no
timbering on the property until a land disturbance
permit has been obtained from the Environmental
Engineering Department and the approved erosion
control devices have been installed. (EE)
8. The base of the tank shall be secured by a minimum
six (6) foot high fence designed to preclude
trespassing. (P)
9. Additional Erosion Control Measures.
Notwithstanding the Erosion and Sediment Control
Regulations, the following erosion control measures
shall be implemented during construction:
A. The access road shall be graveled from Ruthers
Road to the work area.
B. A water truck or other approved form of dust
suppression shall be available and dust
controlled at all times. (EE)
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
09SN0194
In Bermuda Magisterial District, AFF OF CHESTER LLC requests
amendment of zoning (Case 955N0258) and amendment of zoning
district map relative to hours of operation and architecture
on 6.6 acres known as 12201 South Chalkey Road. Density will
be controlled by zoning conditions or Ordinance standards.
The Comprehensive Plan suggests the property is appropriate
for community mixed use. Tax ID 779-652-3160.
Mr. Turner presented a summary of Case 09SN0194 and stated
staff and the Planning Commission recommended approval and
acceptance of the proffered conditions.
Ms. Ashley Harrison, the applicant's representative,
requested approval from the Board and expressed appreciation
to Ms. Jaeckle for her assistance with this case.
Mr. Warren called for public comment.
Ms. Judy Stoneman, an area citizen, stated seven communities
came together to negotiate the conditions for this case. She
recognized the citizens in the audience who assisted in
negotiating this case.
There being no one else to address this request, the public
hearing was closed.
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Mr. Warren recognized Mr. Jack McHale, a former Board member,
who was in the audience.
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Ms. Jaeckle expressed appreciation to Ms. Stoneman for her
dedication to the citizens of Chesterfield County.
On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board
approved Case 09SN0194 and accepted the following proffered
conditions:
The Owners and the Developer (the "Developer") in this zoning
condition amendment case, pursuant to Section 15.2-2298 of
the Code of Virginia (1950 as amended) and the Zoning
Ordinance of Chesterfield County, for themselves and their
successors or assigns, proffer that the development of the
Property known as Chesterfield County Tax Identification
Number 779-652-3160 (the "Property") under consideration will
be .developed according to the following conditions if, and
only if, the request for the amendment of proffered
conditions is granted., In the event the request is denied or
approved with conditions not agreed to by the Developer, the
proffers and conditions shall immediately be null and void
and of no further force or effect.
1. Uses shall not be open to the public between the hours
of 11:00 p.m. and 6:00 a.m. with the exception that a
single Health Club use may be opened to the public
between the hours of 4:00. a.m. and 12:00 a.m. daily,
provided that security cameras shall be installed so as
to provide video surveillance of parking areas between
10:00 p.m. and 12:00 a.m., and again between 4:00 a.m.
and 6:00 a.m. (P)
(Staff Note: This proffer supersedes Proffered Condition 3
of Case 95SN0258 for the request property, only.)
2. The principal building on the Property shall be
constructed generally as depicted on the elevation
titled "American Family Fitness, South Chalkey and
Ironbridge Road," dated December 16, 2008, and prepared
by Freeman Morgan Architects. Any other buildings
constructed on the Property shall be compatible in
materials, color and style with the principal building..
The developer shall submit elevations to the Planning
Department for approval at the time of site plan
submission. (P)
(Staff Note: This proffer supersedes Proffered Condition 4
of Case 95SN0258 for the request property, only.)
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
Mr. Holland expressed appreciation to Ms. Stoneman, Mr.
McHale and the community representatives for their assistance
on this case.
09SN0165
In Matoaca Magisterial District, SCOTT & KIM PRICE request
Conditional Use and amendment of zoning district map to
09-409
05/27/09
permit a business (contractor's office and storage yard)
incidental to a dwelling in an Agricultural (A) District on
12.4 acres known as 20221 Woodpecker Road. Density will be
controlled by zoning conditions or Ordinance standards. The
Comprehensive Plan suggests the property is appropriate for
residential use of 2.5 units per acre or less. Tax ID 793-
615-9041.
Ms. Peterson provided an overview of Case 09SN0165 and stated
both staff and the Planning Commission recommended denial due
to the request being incompatible with area development.
Mr. Scott Price, the applicant, stated a business is not
operated on his property and that he simply parks vehicles on
the property to prevent them from being vandalized or
burglarized at his office location.
Mr. Warren called for public comment.
There being no one to address this request, the public
hearing was closed.
Ms. Durfee stated the request does not conform to the Ettrick
Village Plan.
In response to Ms. Durfee's request, Ms. Peterson stated the
Planning Commission indicated this request was not
appropriate because it did not conform to the Ettrick Village
Plan and is not compatible with current and future area
residential development. She further stated there was
discussion at the pre-application and Planning Commission
meetings about other possible options for the applicant such
as seeking correctly zoned property.
In response to Mr. Gecker's questions, Ms. Peterson stated
the property to the north is zoned agricultural. She further
stated a complaint was received on the applicant's property
through the Planning Department so a pre-application meeting
was set up where options were discussed with the applicant.
She stated throughout the process there was no opposition at
the meetings nor were any opposition letters received by the
Planning Department. She further stated there have been no
pre-application meetings scheduled for any of the surrounding
agricultural properties to be rezoned to residential.
Mr. Gecker stated it is difficult to see what development
pattern is being discussed when the request property appears
to be isolated.
Ms. Durfee stated it is not just future but also existing
development and the request is incompatible with existing
residential development around the request property.
In response to Mr. Gecker's concern, Ms. Durfee stated R-9
zoning is next to the request property. She further stated
she receives a large number of phone calls in the Matoaca
District relative to a particular type of vehicle and trailer
use in and around residential development. She stated it is
her understanding that there is commercial property available
across Woodpecker Road from the request property that could
be used or rented.
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In response to Mr. Gecker's questions, Ms. Peterson stated
the property zoned C-5 across Woodpecker Road from the
request property could be used as a contractor's office and
storage yard and was one of the sites the Planning Department
had suggested the applicant pursue. She further stated the
C-5 zoning is existing so that property could not be
precluded, and it is unlikely that the C-5 property would
come in to be down zoned to residential.
In response to Ms. Durfee's question, Ms. Peterson stated the
pre-application request was received from the applicant in
the late fall, which was subsequent to them being cited for
operating a business on the property.
In response to Ms. Durfee's question, Mr. Price stated he has
been parking his vehicles on the property for approximately
three and a half years. He further stated the C-5 property
across Woodpecker Road is being used as a 24-hour towing
service and a mechanics shop, which has been in business for
about 40 years.
In response to Mr. Warren's question, Mr. Price stated he has
six company vehicles and approximately eight employee cars
that alternate being parked on the property.
Mr. Warren stated Mr. Price is not running a business on the
property but simply parking some vehicles on twelve and a
half acres.
Mr. Price stated it is his understanding he could run a hog
farm on the property with tractor and trailers entering and
exiting the property to bring supplies and/or remove the
hogs.
In response to Mr. Gecker, Mr. Price provided details of the
distances he is from adjacent properties.
Mr. Price stated he is parking his company vehicles at his
home due to -the parking situation at his shop and also for
security. He further stated there is no one at his shop from
5:00 p.m. to 7:00 a.m. and each truck contains approximately
$15,000 worth of equipment.
In response to Mr. Holland's question, Mr. Price stated he
had sent a letter notifying his neighbors he was applying for
the conditional use, but the Planning Department sent out a
letter saying he was trying to operate a contractor's yard,
which is not the case. He further stated at the community
meeting one person showed up and she was there to show
support for the request.
In response to Mr. Holland's question, Ms. Peterson stated
the Planning Department received a complaint on the request
property and the applicants were notified they could either
discontinue that business use or pursue a conditional use
application.
In response to Ms. Durfee's question, Ms. Peterson stated
prior to the complaint which initiated this request, there
had not been any other complaints received.
Ms. Durfee stated she understands the applicant is not
operating a business at the request property but in essence
moving trucks in and out of the location.
09-411
05/27/09
In response to Ms. Durfee's question, Ms. Peterson stated the
complaint was based upon the vehicles and employees coming to
the site.
Ms. Durfee stated she typically reviews the Planning
Commission's vote and she is trying to understand why ,all of
the members stayed with the same message and that she- was
trying'to get some more information on the case.
On motion of Ms. Durfee, seconded by Ms. Jaeckle, the Board
deferred Case 09SN0165 to June 24, 2009.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
09SN0168
In Matoaca Magisterial District, JOHN P. KIRWAN JR. & BECKY
H. KIRWAN request Conditional Use and amendment of zoning
district map to permit a business (commercial kennel)
incidental to a dwelling in an Agricultural (A) District on
0.9 acre fronting approximately 15 feet on the south line of
Beach Road, approximately 200 feet east of Ambridge Road.
Density will be controlled by zoning conditions or Ordinance
standards. The Comprehensive Plan suggests the property is
appropriate for rural conservation area uses. Tax IDs 718-
655-Part of 9146 and 718-656-Part of 5848.
Ms. Peterson provided a summary of
staff and the Planning Commission
the request not complying with the
Plan and the use being incompatible
development.
Case 09SN0168 and stated
recommended denial due to
Southern and Western Area
with existing and future
Mr. John Kirwan, the applicant, presented information to the
Board on why this request should be approved and his personal
reasons for wanting to open a kennel.
In response to Mr. Holland's
every condition or proffered
was included in the request.
question, Mr. Kirwan stated
condition which was requested
Mr. Warren called for public comment.
Ms. Andrea Epps stated the Southern and Western Area Plan
needs to be updated. She questioned whether the Board would
rather have a cow farm on the property which would be more
detrimental to the environment.
There being no one else to address this request, the public
hearing was closed.
Ms. Durfee stated she had the opportunity to do a site visit
at the request property and discussed a number of issues with
the applicant. She further stated the property is heavily
forested.
Ms. Jaeckle stated the request sounds like a great plan and a
lot of fun for the applicant's grandchildren.
On motion of Ms. Durfee, seconded by Mr. Warren, the Board
approved Case 09SN0168 and accepted the following proffered
conditions:
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05/27/09
1. This Conditional Use shall be granted to and for John P.
Kirwan, Jr. or Becky H. Kirwan, exclusively, and shall
not be transferable nor run with the land. (P)
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2. This Conditional Use shall be limited to the operation
of a boarding kennel for a maximum of twenty (20) dogs
and ten (10) cats. (P)
3. A maximum of four (4) employees, other than family
member employees that live on the property, shall be
engaged in the operation. (P)
4. Areas associated with the keeping of animals shall be
cleaned and made free of waste on a regular basis so as
to eliminate odors and proliferation of insects. (P)
5. One (1) sign shall be permitted to identify this use.
Such sign shall not shall not exceed one (1) square foot
in area and shall not be illuminated. (P)
6. Sufficient on-site parking shall be provided so as to
preclude on-street parking to accommodate this use. (P)
7. Prior to any site plan approval or within ninety (90)
days of a written request by the transportation
department, whichever occurs first, forty five (45) feet
of right-of-way along Beach Road, measured from the
centerline of that part of Beach Road immediately
adjacent to the property, shall be dedicated, free and
unrestricted, to and for the benefit of Chesterfield
County. (T)
8. Building(s) associated with the commercial kennel
business shall not exceed a cumulative total of 3,000
gross square feet in area. (P)
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
Mr. Kirwan expressed appreciation to the Board for the
favorable outcome of his case.
09SN0173
In Midlothian Magisterial District, CHERYL PARRISH requests
Conditional Use and amendment of zoning district map to
permit a business (beauty shop) incidental to a dwelling in a
Residential (R-7) District on 0.7 acre known as 10416 Robious
Road. Density will be controlled by zoning conditions or
Ordinance standards. The Comprehensive Plan suggests the
property is appropriate for medium density residential use of
1.51 to 4.0 units/acre. Tax IDs 747-711-3950 and 4445.
Mr. Robert Clay presented a summary of Case 09SN0173 and
stated staff and the Planning Commission recommended denial
due to the proposed use not conforming to the Northern Area
Plan and not being representative of existing and anticipated
area development.
Mr. William Shewmake, the applicant's representative, stated
Ms. Parrish is a small business owner in Chesterfield County
09-413
05/27/09
wanting to continue her business, but work out of her home.
He urged the Board to support this request. He expressed
appreciation to Mr. Gecker, Mr. Waller and staff for working
hard on the proffers.
Mr. Warren called for public comment.
Ms. Sandra Verna, a county citizen, spoke in support of the
request. S,he stated Ms. Parrish is a small business owner
who spends quality time with her clients.
There being no one else to address this request, the public
hearing was closed.
Mr. Holland stated the county has to support small
businesses.
Mr. Gecker expressed appreciation to Mr. Gulley for trying to
protect the Robious Road Corridor. He stated there is no
opposition to this request and it is not a permanent change.
On motion of Mr. Gecker, seconded by Mr. Holland, the Board
approved Case 09SN0173 and accepted the following proffered
conditions:
1. The business shall be located within the dwelling unit.
Except for a sign affixed to the dwelling structure or
alterations to meet Americans with Disabilities Act
(ADA) or other building code requirements, there shall
be no additions or alterations to the structure to
accommodate this use. (P)
2. There shall be a maximum of two (2) people working on
the premises at any given time, which shall include the
applicant (Cheryl Parrish) and one (1) employee. (P)
3. There shall be no free standing sign permitted to
identify this use. (P)
4. This Conditional Use shall be granted to and for Cheryl
Parrish and any legal entity of which she maintains a
100% ownership interest and shall not be transferrable
or run with the land. (P)
5. This use shall not be open to the public before 8:00
a.m. and after 7:00 p.m. Monday through Saturday. The
use shall not be open to the public on Sunday. (P)
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
17. PUBLIC HEARINGS
17.A. TO CONSIDER APPROPRIATION OF UP TO $30,000,000 IN
PAYMENT TO THE ESCROW AGENT FOR THE REFUNDING OF
SERIES 1998B, SERIES 1999A AND SERIES 1999B GENERAL
OBLIGATION BONDS AND CLOSING COSTS, AND ADOPT A
RESOLUTION AUTHORIZING THE REFUNDING
Mr. Carmody stated this date and time had been advertised for
a public hearing to consider appropriation of up to
$30,000,000 in payment to the escrow agent for the refunding
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05/27/09
of Series 1998B, Series 1999A and Series 1999B General
Obligation Bonds and closing costs and to adopt a resolution
authorizing the refunding.
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There was no one present to address this issue.
Mr. Holland stated the Budget and Audit Committee supports
this item.
On motion of Mr. Holland, seconded by Mr. Gecker, the Board
appropriated payment to the Escrow Agent up to $30,000,000
for the Refunding of Series 1998B, Series 1999A and Series
1999B General Obligation Bonds and Closing Costs, and adopted
the following resolution:
A RESOLUTION AUTHORIZING AND PROVIDING FOR THE ISSUANCE, SALE
AND DELIVERY OF AN ISSUE OF NOT TO EXCEED THIRTY MILLION
DOLLARS ($30,000,000) PRINCIPAL AMOUNT OF GENERAL OBLIGATION
PUBLIC IMPROVEMENT REFUNDING BONDS OF THE COUNTY OF
CHESTERFIELD, VIRGINIA, FOR THE PURPOSE OF REFUNDING PRIOR TO
THEIR. STATED MATURITIES, ALL OR A PORTION OF THE COUNTY'S
OUTSTANDING GENERAL OBLIGATION PUBLIC IMPROVEMENT REFUNDING
BONDS, SERIES B OF 1998, ALL OR A PORTION OF THE COUNTY'S
OUTSTANDING GENERAL OBLIGATION PUBLIC IMPROVEMENT BONDS,
SERIES A OF 1999, ALL OR A PORTION OF THE COUNTY'S
OUTSTANDING GENERAL OBLIGATION PUBLIC IMPROVEMENT REFUNDING
BONDS, SERIES B OF 1999, AND ALL OR A PORTION OF ONE OR MORE
OTHER SERIES OF THE COUNTY'S OUTSTANDING GENERAL OBLIGATION
PUBLIC IMPROVEMENT BONDS; FIXING THE FORM, DENOMINATION AND
CERTAIN OTHER DETAILS OF SUCH BONDS; PROVIDING FOR THE SALE
OF SUCH BONDS AND DELEGATING TO THE COUNTY ADMINISTRATOR
CERTAIN POWERS WITH RESPECT THERETO; AUTHORIZING AND
PROVIDING FOR THE PREPARATION AND DISTRIBUTION OF A
PRELIMINARY OFFICIAL STATEMENT AND AN OFFICIAL STATEMENT
RELATING TO SUCH BONDS; AND PROVIDING WITH RESPECT TO CERTAIN
OTHER MATTERS RELATED THERETO
BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY
OF CHESTERFIELD, VIRGINIA:
SECTION 1. Findings and Determination. (a)
Pursuant to Chapter 26 of Title 15.2 of the Code of Virginia,
1950 (the "Public Finance Act of 1991"), and pursuant to a
resolution adopted by this Board on January 14, 1998, there
were authorized to be issued, sold and delivered the County's
$15,220,000 principal amount of General Obligation Public
Improvement Refunding Bonds, Series B of 1998, dated January
15, 1998 and maturing in varying principal amounts on January
1 in each of the years 1999 through 2012, both inclusive (the
"Series B of 1998 Bonds").
(b) (i) Pursuant to the Public Finance Act of 1991 an
election duly called and held in the County of Chesterfield,
Virginia (the "County") on November 5, 1996 and an Order of
the Circuit Court of the County, dated January 6, 1997, and
pursuant to a resolution duly adopted by this Board on
December 10, 1997, there were authorized to be issued, sold
and delivered the County's $29,620,000 principal amount of
General Obligation Public Improvement Bonds, Series A of
1999, dated January 15, 1999 and maturing in varying
principal amounts on January 1 in each of the years 2000 to
2019, both inclusive (the "Series A of 1999 Bonds").
09-415
05/27/09
(c) Pursuant to the Public Finance Act and pursuant to
a resolution adopted by this Board on January 13, 1999, there
were authorized to be issued, sold and delivered the County's
$46,005,000 principal amount of General Obligation Public
Improvement Refunding Bonds, Series B of 1999, dated January
15, 1999 and maturing in varying principal amounts on January
1 in each of the years 2000 through 2017, both inclusive-(the
"'Series B of 1999 Bonds").
(d) Pursuant to the Public Finance Act of 1991, the
County has heretofore authorized to be issued, sold and
delivered one or more series of the County's General
Obligation Public Improvement Bonds in addition to the Series
B of 1998 Bonds, the Series A of 1999 Bonds and the Series B
of 1999 Bonds.
(e) Pursuant to Article 5 of the Public Finance Act of
1991 (Sections 15.2-2643 through 15.2-2649, both inclusive,
of the Code of Virginia, 1950, as now in effect) , the County
is authorized to issue refunding bonds to refund any or all
of its bonds prior to their stated maturities.
(f) This Board deems it advisable and in the interest
of the County to refund prior to their stated maturities all
or a portion of one or more of the outstanding maturities of
the Series B of 1998 Bonds, all or a portion of one or more
of the outstanding maturities of the Series A of 1999 Bonds
and all or a portion of one or more of the outstanding
maturities of the Series B of 1999 Bonds and all or a portion
of the outstanding maturities of one or more other series of
the County's general obligation public improvement bonds (the
"Refunded Bonds").
(g) This Board deems it advisable and in the best
interest of the County to authorize and provide for the
issuance, sale and delivery pursuant to such Article 5 of the
Public Finance Act of 1991 (Sections 15.2-2643 through 15.2-
2649, both inclusive, of the Code -of Virginia, 1950, as now
in effect) of an issue of General Obligation Public
Improvement Refunding Bonds for the purpose of refunding
prior to their stated maturities all or a portion of the
Refunded Bonds.
SECTION 2. Authorization of General Obligation
Public Improvement Refunding Bonds. For the purpose of
refunding prior to their stated maturities all or a portion
of the Refunded Bonds described in Section 1, there are
hereby authorized to be issued, sold and delivered an issue
of general obligation public improvement refunding bonds of
the County in a principal amount not exceeding $30,000,000 to
be designated and known as "General Obligation Public
Improvement Refunding Bonds" (the "Bonds"). The Bonds are to
be issued pursuant to the provisions of the Public Finance
Act of 1991.
SECTION 3. Approval of the Details and Sale of the
Bonds. (a) The Bonds shall be dated such date, shall bear
interest from their date payable on such date and
semiannually thereafter and shall have such series
designation as shall be determined by the County
Administrator. The Bonds shall mature and become due and
payable on such date or dates not exceeding twenty (20) years
from their date and in such principal amounts on each such
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date as shall be determined by the County Administrator. The
Bonds-may be .sold contemporaneously with any other bonds of
the County, including, without limitation, the general
obligation public improvement bonds approved by the voters of
the County at an election duly called and held under the
Public Finance Act of 1991 on November 2, 2004 and authorized
for issuance, sale and delivery pursuant to a resolution
adopted by this Board on January 12, 2005.
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(b) (i) The Bonds shall be issued only in fully
registered form. One Bond representing each maturity of the
Bonds will be issued to and registered in the name of Cede &
Co., as nominee of The Depository Trust Company, New York,
New York ("DTC"), or in the name of such other nominee of DTC
as may be requested by an authorized representative of DTC,
as registered owner of the Bonds, and each such Bond shall be
immobilized in the custody of DTC. DTC will act as
securities depository for the Bonds. Individual purchases
will be made in book-entry form only, in the principal amount
of $5,000 or any integral multiple thereof. Purchasers will
not receive physical delivery of certificates representing
their interests in the Bonds purchased.
(ii) Principal and interest payments on the Bonds
will be made by the County by wire transfer to DTC or its
nominee, Cede & Co., or such other nominee of DTC, as
registered owner of the Bonds, which will in turn remit such
payments to the DTC participants for subsequent disbursal to
the beneficial owners of the Bonds. Transfers of principal
and interest payments to DTC participants will be the
responsibility of DTC. Transfers of such payments to
beneficial owners of the Bonds by DTC participants will be
the responsibility of such participants and other nominees of
such beneficial owners. Transfers of ownership interests in
the Bonds will be accomplished by book entries made by DTC
and, in turn, by the DTC participants who act on behalf of
the indirect participants of DTC and the beneficial owners of
the Bonds.
(iii) The County will not be responsible or
liable for sending transaction statements or for maintaining,
supervising or reviewing records maintained by DTC, its
participants or persons acting through such participants or
for transmitting payments to, communicating with, notifying,
or otherwise dealing with any beneficial owner of the Bonds.
So long as the Bonds are in book-entry only form, the County
Treasurer will serve as Registrar and Paying Agent for the
Bonds. The County reserves the right to designate a
successor Registrar and Paying Agent for the Bonds if the
Bonds at any time cease to be in book-entry only form.
(c) The Bonds shall be subject to redemption at the
option of the County prior to their stated maturities, in
whole or in part at any time, on such dates and with such
redemption premiums, if any, as shall be determined by the
County Administrator.
(d) In accordance with and subject to the provisions of
the Detailed Notice of Sale of the Bonds, bidders may provide
that all the Bonds shall be issued as serial Bonds or may
provide that any two or more consecutive annual principal
amounts shall be combined into one or more term Bonds. If
the successful bidder designates principal amounts to be
09-417
05/27/09
combined into one or more term Bonds, each such term Bond
shall be subject to mandatory sinking fund redemption
commencing on such date in the first year which has been
combined to form such term Bond and continuing on such date
in each year thereafter until the stated maturity date of
that term Bond. The amount redeemed in any year shall be
equal to the principal amount of serial Bonds that would
otherwise have matured in such year. Bonds to be redeemed in
any year by mandatory sinking fund redemption shall be
redeemed at par and shall be selected by lot from among the
Bonds then subject to redemption. The County, at its option,
may credit against any mandatory sinking fund redemption
requirement term Bonds of the maturity then subject to
redemption which have been purchased and cancelled by the
County or which have been redeemed and not theretofore
applied as a credit against any mandatory sinking fund
redemption requirement.
(e) If any Bond (or any portion of the principal amount
thereof in installments of $5,000) shall be subject to
redemption and shall be called for redemption, notice of the
redemption thereof, specifying the date, number and maturity
of such Bond, the date and place or places fixed for its
redemption, the premium, if any, payable upon such redemption
and, if less than the entire principal amount of such Bond is
to be redeemed, that such Bond must be surrendered in
exchange for the principal amount thereof to be redeemed and
a new Bond or Bonds issued equalling in principal amount that
portion of the principal amount thereof not to be redeemed,
shall be mailed not less than thirty (30) days prior to the
date fixed for redemption by first class mail, postage
prepaid, to the registered owner of such Bond at his address
as it appears on the books of registry kept by the Registrar
for the Bonds. The Registrar shall not be required to
exchange or transfer any Bond later than the close of
business on the forty-fifth (45th) day next preceding the
date fixed for redemption of such Bond or any portion
thereof. If notice of the redemption of any Bond shall have
been given as aforesaid, and payment of the principal amount
of such Bond (or the portion of the principal amount thereof
to be redeemed) and of the accrued interest and premium, if
any, payable upon such redemption shall have been duly made
or provided for, interest on such Bond shall cease to accrue
from and after the date, so specified for redemption thereof.
So long as the Bonds of any series are in book-entry only
form, any notice of redemption will be given only to DTC or
its nominee. The County shall not be responsible for
providing any beneficial owner of the Bonds with a notice of
redemption.
SECTION 4. Appointment of County Treasurer as
Registrar and Paying Agent; Payment of Bonds; Books of
Registry; Exchanges and Transfers of Bonds. (a)Appointment
of Registrar and Paying Agent. The County Treasurer is
hereby appointed Registrar and Paying Agent for the Bonds
(hereinafter referred to as the "Registrar").
(b) Payment of Bonds. (i) At any time during which
the Bonds shall be in fully registered form, the interest on
the Bonds shall be payable by check mailed by the Registrar
to the registered owners of the Bonds at their addresses as
the same appear on the books of registry as of the record
date for the payment of interest on the Bonds, and the
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principal of and premium, if any, on the Bonds shall be
payable at the office of the Registrar; provided, however,
that so long as the Bonds are in book-entry only form and
registered in the name of Cede & Co., as nominee of DTC, or
in the name of such other nominee of DTC as may be requested
by an authorized representative of DTC, interest on the Bonds
shall be paid directly to Cede & Co. or such other nominee of
DTC by wire transfer .
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(ii) At any time during which the Bonds shall be in
book-entry form, the principal of and interest on the Bonds
shall be payable in accordance with the arrangements made
with the depository for the Bonds.
(iii) The principal of and interest on the
Bonds shall be payable in such coin or currency of the United
States of America as at the respective dates of payment is
legal. tender for public and private debts. Interest on the
Bonds shall be calculated on the basis of a 360-day year
comprised of twelve 30-day months.
(c) Books of Registry; Exchan es and Transfers of
Bonds. (i) At all times during which any Bond remains
outstanding and unpaid, the Registrar shall keep or cause to
be kept at its office, books of registry for the
registration, exchange and transfer of the Bonds. Upon
presentation at the office of the Registrar for such purpose,
the Registrar, under such reasonable regulations as it may
prescribe, shall register, exchange, transfer, or cause to be
registered, exchanged or transferred, on the books of
registry the Bonds as herein set forth.
(ii) Any Bond may be exchanged at the office of the
Registrar for a like aggregate principal amount of such Bonds
in other authorized principal amounts of the same interest
rate and maturity.
(iii) Any Bond may, in accordance with its
terms, be transferred upon the books of registry by the
person in whose name it is registered, in person or by his
duly authorized agent, upon surrender of such Bond to the
Registrar for cancellation, accompanied by a written
instrument of transfer duly executed by the registered owner
in person or his duly authorized agent, in form satisfactory
to the Registrar.
(iv) All transfers or exchanges pursuant to this
Section 4(c) shall be made without expense to the registered
owners of the Bonds, except as otherwise herein provided, and
except that the Registrar shall require the payment by the
registered owner of any Bond requesting such transfer or
exchange of any tax or other governmental charges required to
be paid with respect to such transfer or exchange. All Bonds
surrendered pursuant to this Section 4(c) shall be cancelled.
SECTION 5. Execution and Authentication of Bonds;
CUSIP Identification Numbers. (a) Execution of Bonds. The
Bonds shall be executed in the name of the County by the
manual or facsimile signatures of the Chairman and the Clerk
of this Board, and the corporate seal of this Board shall be
impressed, or a facsimile thereof printed, on the Bonds.
09-419
05/27/09
(b) Authentication of Bonds. The County Administrator
shall direct the Registrar to authenticate the Bonds and no
Bonds shall be valid or obligatory for any purpose unless and
until the certificate of authentication endorsed on such Bond
shall have been manually executed by the Registrar. Upon the
authentication of any Bond the Registrar shall insert in the
certificate of authentication the date as of which such Bond
is authenticated as follows: (i) if the Bond is authenticated
prior to the first interest payment date, the certificate
shall be dated as of the date the Bonds are delivered to and
paid for by the initial purchasers thereof, (ii) if the Bond
is authenticated upon an interest payment date, the
certificate shall be dated as of such interest payment date,
(iii) if the Bond is authenticated on or after the record
date for the payment of interest on the Bonds and prior to
such interest payment date, the certificate shall be dated as
of such interest payment date and (iv) in all other instances
the certificate shall be dated the date upon which the Bond
is authenticated. The execution and authentication of the
Bonds in the manner above set forth is adopted as a due and
sufficient authentication of the Bonds.
(c) CUSIP Identification Numbers. CUSIP identification
numbers may be printed on the Bonds, but neither the failure
to print any such number on any Bonds, nor any error or
omission with respect thereto, shall constitute cause for.
failure or refusal by the successful bidder for the Bonds to
accept delivery of and pay for the Bonds in accordance with
the terms of its bid to purchase the Bonds . No such number
shall constitute or be deemed to be a part of any Bond or a
part of the contract evidenced thereby and no liability shall
attach to the County or any of its officers or agents because
of or on account of any such number or any use made thereof.
SECTION 6. Tax Covenant. The County covenants and
agrees to comply with the provisions of Sections 103 and 141-
150 of the Internal Revenue Code of 1986 and the applicable
Treasury Regulations promulgated thereunder throughout the
term of the Bonds.
SECTION 7. Sources of Payment of Bonds. The full
faith and credit of the County shall be and is hereby
irrevocably pledged to the punctual payment of the principal
of and interest on the Bonds as the same become due. In each
year while the Bonds, or any of them, are outstanding and
unpaid, this Board is authorized and required to levy and
collect annually, at the same time and in the same manner as
other taxes in the County are assessed, levied and collected,
a tax upon all taxable property within the County, over and
above all other taxes, authorized or limited by law and
without limitation as to rate or amount, sufficient to pay
when due the principal of and interest on the Bonds to the
extent other funds of the County are not lawfully available
and appropriated for such purpose.
SECTION 8. Form of Bonds. The Bonds shall be in
substantially the form set forth in Exhibit A with such
necessary or appropriate variations, omissions and insertions
as are incidental to their numbers, interest rates and
maturities or as are otherwise permitted or required by law
or this resolution.
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SECTION 9. Preparation and Distribution of
Preliminary Official Statement and Preparation, Execution and
Delivery of Official Statement; Preliminary Official
Statement "Deemed Final" for Pur oses of Securities and
Exchange Commission Rule 15c2-12. (a) The County
Administrator and other appropriate officials and employees
of the County are hereby authorized and directed to prepare
and distribute, or cause to be prepared and distributed, to
prospective purchasers of the Bonds a Preliminary Official
Statement relating to the Bonds. All actions taken by the
officials, employees, agents and attorneys of the County with
respect to the preparation and distribution of such
Preliminary Official Statement prior to the date hereof are
hereby ratified and confirmed.
(b) The County Administrator and other appropriate
officials and employees .of the County are hereby authorized
and directed to prepare, or to cause to be prepared, a final
Official Statement relating to the Bonds, such final Official
Statement to be in substantially the form of the Preliminary
Official Statement with the completion therein of the
information with respect to the interest rates to be borne by
the Bonds as specified by the successful bidder for the Bonds
and other definitive details of the Bonds determined upon the
sale of the 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 Bonds the final Official Statement relating to the
Bonds in accordance with the provisions of the Detailed
Notice of Sale relating to the 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 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 Bonds a certificate dated the date of
the Preliminary Official Statement stating that the
Preliminary Official Statement is deemed final by the County
for purposes of Rule 15c2-12 as of its date.
SECTION 10. Sale of Bonds. (a) There is hereby
delegated to the County Administrator authority, without
further action by this Board, to sell the Bonds authorized
for issuance under this resolution in accordance with the
provisions hereof at competitive sale at such price, and on
such other terms and conditions as shall be provided in the
Detailed Notice of Sale relating to the Bonds. The County
Administrator is hereby authorized to cause to be prepared,
published and distributed a Detailed Notice of Sale of the
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 of the 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
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.
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(b) The County Administrator is hereby authorized to
receive bids for the purchase of the Bonds and, without
further action by this Board, to accept the bid offering to
purchase the 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 in
conformity with the Detailed Notice of Sale, (ii) that the
true interest cost to the County as specified in such bid is
not in excess of six percent (6.00%) and (iii) that any
premium payable upon the optional redemption of the Bonds
shall not exceed two percent (2.00%) and provided further
that, prior to the acceptance of any bid, the County shall
have received the good faith deposit specified in the
Detailed Notice of Sale The County Administrator is hereby
further authorized to determine, or to modify the provisions
of this resolution with respect to, the dated date of the
Bonds, the interest payment dates for the Bonds, the dates on
which the Bonds shall mature and the principal amount of the
Bonds maturing on each such maturity date and to fix the
rates of interest to be borne by the Bonds of each maturity
as specified in the bid accepted by him in accordance with
the immediately preceding sentence.
(c) The County Administrator is hereby further
authorized to execute and deliver to the purchasers of the
Bonds authorized for issuance under this resolution a
Continuing Disclosure Certificate evidencing the County's
undertaking, to comply with the continuing disclosure
requirements of Paragraph (b)(5) of such Rule 15c2-12 to the
extent applicable to the Bonds. The County Administrator,
the Director of Accounting and the County Attorney are hereby
authorized to execute and deliver to the purchasers of the
Bonds one or more certificates in the forms provided for in
the Official Statement relating to the Bonds.
SECTION 11. Authorization to Designate the Refunded
Bonds for Redem tion; Authorization to Select An Escrow
Agent; Authorization to Enter into an Escrow Deposit
Agreement; Authorization to Select a Verification Agent. (a)
Subject to the sale and receipt of the proceeds of the Bonds,
the County Administrator is hereby authorized to designate
the Refunded Bonds for redemption on such date or dates as
the County Administrator shall determine and is hereby
further authorized to request the County Treasurer, as
Registrar and Paying Agent for the Refunded Bonds, to cause
the notice of the redemption of the Refunded Bonds to be
given in accordance with the provisions of the proceedings
authorizing the issuance of the Refunded Bonds.
(b) The County Administrator is hereby authorized, in
his discretion, to select a bank or trust company to serve,
or the County may itself serve, as Escrow Agent, if
necessary, and to deliver to such Escrow Agent or applicable
County officials irrevocable written instructions to give
notices, or to cause such notices to be given, in the name
and on behalf of the County, to the holders of the Refunded
Bonds of the redemption of such Refunded Bonds on the dates
fixed for the redemption thereof, such notices to be given in
the manner and at the time or times provided in proceedings
authorizing the issuance of the Refunded Bonds.
(c) The County Administrator is hereby authorized, in
his discretion, to execute and deliver an Escrow Deposit
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Agreement by and between the County and the Escrow Agent in
such form as shall be approved by the County Administrator
upon the advice of counsel (including the County Attorney or
Bond Counsel), such approval to be conclusively evidenced by
the execution of the Escrow Deposit Agreement by the County
Administrator.
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(d) The County Administrator is hereby authorized to
select a verification agent, if necessary, in connection with
the refunding of the Refunded Bonds.
SECTION 12. Authorization to Purchase Government
Securities. The County Administrator or the County Treasurer
is hereby authorized to execute, on behalf of the County,
subscriptions for United States Treasury Obligations - State
and Local Government Series, if any, to be purchased by the
County in connection with the refunding of the Refunded
Bonds. Such United States Treasury Obligations - State and
Local Government Series, if any, so purchased shall be held
by or on behalf of the County Treasurer or by the Escrow
Agent under and in accordance with the provisions of any
Escrow Deposit Agreement entered into in connection with the
refunding of the Refunded Bonds. The County Administrator
and or the County Treasurer is hereby authorized to enter
into such purchase agreements, including forward supply
agreements, if any, as shall be required in connection with
the refunding of the Refunded Bonds providing for the
purchase by or on behalf of the County in the open market of
direct general obligations of, or obligations the payment of
the principal of and interest on which are unconditionally
guaranteed by, the United States of America. The County
Administrator or the County Treasurer is hereby authorized to
sell any securities held by the Escrow Agent under and in
accordance with the provisions of the Escrow Deposit
Agreement and to purchase securities in lieu of and in
substitution therefor.
SECTION 13. Filing of This Resolution. The County
Attorney is hereby authorized and directed to file a copy of
this resolution, certified by the Clerk of this Board to be a
true and correct copy hereof, with the Circuit Court of the
County of Chesterfield.
SECTION 14. Invalidity of Sections, Para raphs,
Clauses or Provisions. If any section, paragraph, clause or
provision of this resolution shall be held invalid or
unenforceable for any reason, the invalidity or
unenforceability of such section, paragraph, clause or
provision shall not affect any of the remaining portions of
this resolution.
SECTION 15. Headings of Sections. The headings of
the sections of this resolution shall be solely for
convenience of reference and shall not affect the meaning,
construction, interpretation or effect of such sections or of
this resolution.
SECTION 16. Effective Date
take effect upon its adoption.
09-423
This resolution shall
05/27/09
EXHIBIT A
UNITED STATES OF AMERICA
COMMONWEALTH OF VIRGINIA
COUNTY OF CHESTERFIELD
GENERAL OBLIGATION PUBLIC IMPROVEMENT
REFUNDING BOND, SERIES OF 200_
REGISTERED
No. R-
INTEREST RATE:
MATURITY DATE DATE OF BOND: CUSIP NO.
20
200
REGISTERED
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REGISTERED OWNER: CEDE & CO.
PRINCIPAL AMOUNT:
The County of Chesterfield (hereinafter referred to as
the "County"), a political subdivision of the Commonwealth of
Virginia, for value received, hereby promises to pay to the
Registered Owner (named above), or registered assigns, on the
Maturity Date (specified above), unless this Bond shall have
been duly called for previous redemption and payment of the
redemption price shall have been duly made or provided for,
the Principal Amount (specified above), and to pay interest
on such Principal Amount on _, and
semiannually on each _ and _ thereafter from
the date hereof or from the interest payment date next
preceding the date of authentication hereof to which interest
shall have been paid, unless such date of authentication is
an interest payment date, in which case from such interest
payment date if interest has been paid to such 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 interest payment date if interest has
been paid to such date, until the payment of such Principal
Amount (each such date is hereinafter referred to as an
interest payment date) at the Interest Rate (specified above)
per annum, by check mailed by the Registrar hereinafter
mentioned to the Registered Owner in whose name this Bond is
registered on the books of registry kept and maintained 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; provided,
however, that so long as this Bond is in book-entry only form
and registered in the name of Cede & Co., as nominee of The
Depository Trust Company ("DTC"), or in the name of such
other nominee of DTC as may be requested by an authorized
representative of DTC, interest on this Bond shall be paid
directly to Cede & Co . or such other nominee of DTC by wire
transfer. Interest on this Bond shall be calculated on the
basis of a 360-day year comprised of twelve 30-day months.
The principal of this- Bond is payable upon presentation
and surrender hereof at the office of the County Treasurer of
the County, in Chesterfield, Virginia (the "Registrar"). The
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 is legal tender for public and
private debts.
This Bond is one of a duly authorized issue of Bonds
(herein referred to as the "Bonds") of the aggregate
principal amount of
Dollars ($ ) of like date and tenor herewith,
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except for number, denomination, interest rate, maturity and
redemption provisions, and is issued for the purpose of
refunding in advance of their stated maturities certain
previously issued general obligation bonds of the County,
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), and a
resolution duly adopted by the Board of Supervisors of the
County under the Public Finance Act of 1991.
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The Bonds of the issue of which this Bond is one
maturing on and after _, (or portions thereof
in installments of $5,000) shall be subject to redemption at
the option of the County prior to their stated maturities on
or after _, in whole or in part at any time,
in such order as may be determined by the County (except that
if at any time less than all of the Bonds of a given maturity
are called for redemption, the particular Bond or portions
thereof shall be selected by lot), at a redemption price
equal to the principal amount thereof, together with the
interest accrued on the principal amount to be redeemed to
the date fixed for the redemption thereof.
If this Bond is redeemable and this Bond (or any portion
of the principal amount hereof in installments of $5,000)
shall be called for redemption, notice of the redemption
hereof, specifying the date, number and maturity of this
Bond, the date and place or places fixed for its redemption
and, if less than the entire principal amount of this Bond is
to be redeemed, that this Bond must be surrendered in
exchange for the principal amount hereof to be redeemed and a
new Bond or Bonds issued equalling in principal amount that
portion of the principal amount hereof not to be redeemed,
shall be mailed not less than thirty (30) days prior to the
date fixed for redemption by first class mail, postage
prepaid, to the Registered Owner of this Bond at his address
as it appears on the books of registry kept by the Registrar
for the Bonds. The Registrar shall not be required to
exchange or transfer this Bond later than the close of
business on the forty-fifth (45th) next day .preceding the
date fixed for redemption of this Bond or any portion hereof.
If notice of the redemption of this Bond shall have been
given as aforesaid, and .payment of the principal amount of
this Bond (or the portion of the principal amount hereof to
be redeemed) and of the accrued interest payable upon such
redemption shall have been duly made or provided for,
interest hereon shall cease to accrue from and after the date
so specified for redemption hereof.
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 office of the Registrar for a like
aggregate principal amount of Bonds of the series of which
this Bond is one, of other authorized principal amounts of
the same interest rate and maturity. This Bond is
transferable by the Registered Owner hereof, in person or by
his attorney duly authorized in writing, at the 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 the series of
which this Bond is one, of authorized denominations and of
the same aggregate principal amount, will be issued to the
transferee in exchange herefor.
The full faith and credit of the County are irrevocably
pledged to the punctual payment of the principal of and
09-425
05/27/09
interest on this Bond as the same become due . In each year
while this Bond is outstanding and unpaid, the Board of
Supervisors is authorized and required to levy and collect
annually, at the same time and in the same manner as other
taxes in the County are assessed, levied and collected, a tax
upon all taxable property within the County, over and above
all other taxes, authorized or limited by law and without
limitation as to rate or amount, sufficient to pay when due
the principal of and interest on this Bond to the extent
other funds of the County are not lawfully available and
appropriated for such purpose.
This Bond shall not be valid or obligatory unless the
certificate of authentication hereon shall have been manually
signed by or on behalf 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, do
exist, have happened and have been performed in regular and
due time, form and manner as required by law, and that this
Bond and 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 executed by the
manual or facsimile signature of the Chairman of such Board;
a facsimile of the corporate seal of such Board to be
imprinted hereon, attested by the facsimile signature of the
Clerk of such Board; and this Bond to be dated the date first
above written.
[SEAL]
Attest:
Clerk of the Board of
Supervisors
value received,
CERTIFICATE OF AUTHENTICATION
This Bond is one of the Bonds delivered pursuant to the
within mentioned proceedings.
County Treasurer, as Registrar
Date of Authentication:
ASSIGNMENT
For
assign(s)
unto
(Please print or type name and address, including postal zip
code, of transferee)
Chairman of the Board of
Supervisors
the undersigned hereby sell(s),
and transfer(s)
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09-426
05/27/09
PLEASE INSERT SOCIAL SECURITY
OR OTHER TAX IDENTIFYING NUMBER
OF TRANSFEREE:
^i
the within Bond and all rights thereunder, and herebv
irrevocably constitutes and appoints _
attorney, to transfer such Bond on the
registration thereof, with full power of
premises.
Dated:
Signature Guaranteed:
NOTICE: Signature(s) must be
guaranteed by a member firm
of The New York Stock
Exchange, Inc. or a
commercial bank or trust
company.
books kept for the
substitution in the
(Signature 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.
19. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED
MATTERS
There were no speakers at this time.
20. ADJOURNMENT
On motion of Mr. Holland, seconded by Mr. Warren, the Board
adjourned to June 24, 2009, at 3:00 p.m. in the Public
Meeting Room.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
es J Stegm er
ounty Administrator
Arthur S. Warren
Chairman
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05/27/09
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