2012-02-22 MinutesBOARD OF SUPERVISORS
MINUTES
February 22, 2012
Supervisors in Attendance:
Mr. Daniel A. Gecker, Chairman
Ms. Dorothy A. Jaeckle, Vice Chrm
Mr. Arthur S. Warren
Ms. James M. Holland
Mr. Stephen A. Elswick
Mr. James J. L. Stegmaier
County Administrator
Others in Attendance:
Dr. Cynthia Richardson
Director of Planning
Chesterfield County
Public Schools
Staff in Attendance:
Dr. Sheryl Bailey, Dep.
County Administrator,
Management Services
Ms. Janice Blakley,
Clerk to the Board
Ms. Patsy Brown, Dir.,
Accounting
Mr. Kevin Bruny, Chief
Learning Officer
Mr. Allan Carmody, Dir.,
Budget and Management
Mr. Roy Covington, Dir.,
Utilities
Ms. Mary Ann Curtin, Dir.,
Intergovtl. Relations
Mr. Jonathan Davis, Dir.,
Real Estate Assessments
Mr. William Dupler, Dep.
County Administrator,
Community Development
Colonel Thierry Dupuis,
Police Department
Ms. Kelly Fried, Asst. Dir.,
Mental Health
Mr. Michael Golden, Dir.,
Parks and Recreation
Mr. John W. Harmon,
Real Property Manager
Mr. Donald Kappel, Dir.,
Public Affairs
Mr. Rob Key, Director,
General Services
Mr. Louis Lassiter, Asst.
County Administrator
Mr. Mike Mabe, Director,
Libraries
Ms. Mary Martin Selby,
Dir., Human Resource
Services
Mr. Richard M. McElfish,
Dir., Env. Engineering
Mr. Jeffrey L. Mincks,
County Attorney
Mr. Stan Newcomb, Asst. Dir.,
Transportation
Dep. Chief Mark Sacra,
Fire and EMS
Ms. Marsha Sharpe, Dir.,
Social Services
Ms. Sarah Snead, Dep.
County Administrator,
Human Services
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Mr. Kirk Turner, Dir.,
Planning
Mr. Mike Westfall, Dir.,
Internal Audit
Mr. Scott Zaremba, Dir.,
Human Resource Programs
Mr. Gecker called the regularly scheduled meeting to order at
3:00 p.m.
1. APPROVAL OF MINUTES FOR FEBRUARY 8, 2012
On motion of Mr. Holland, seconded by Ms. Jaeckle, the Board
approved the minutes of February 8, 2012, as submitted.
Ayes: Gecker, Jaeckle, Warren, Holland and Elswick.
Nays: None.
2. COUNTY ADMINISTRATOR'S COMMENTS
2.A. COUNTY ADMINISTRATOR'S REPORT
• Mr. Stegmaier was pleased to report that for the sixth
year in a row, Chesterfield County has earned national
recognition by placing 16th on Training magazine's Top
125 for 2012. He stated this multi-year national
recognition is a testament to the county's commitment to
employee learning and organizational development and
demonstrates the strong link between a great community
and efficient dedicated public servants.
• Mr. Stegmaier reported the Collegiate School, a member
of the Greater Richmond Aquatics Partnership (GRAP),
announced that it will lend its name to the new aquatics
center. He stated the center will officially be named
the "Collegiate School Aquatics Center," which is slated
to open next month.
• Ms. Mary Ann Curtin presented a brief update to the
Board of Supervisors on the status of several bills
before the General Assembly and from the county's
legislative program. She stated the Senate version of
the Machinery and Tools Tax' bill, SB549, has been
assigned to the House Appropriations Committee. She
further stated if this bill passes (it is supported by
the manufacturers and local governments), it will
hopefully put to rest the attacks on this local revenue
source. She further stated all three commuter bus routes
were all included on the Senate side, assuming a dollar
for dollar match. In closing, she stated both houses
will vote on their versions of the budget tomorrow.
3. BOARD MEMBER REPORTS
Mr. Holland announced the Dale District will hold a community
meeting regarding the county's proposed FY2013 budget on
March 6th at 7:00 p.m. at the Meadowdale Library.
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Ms. Jaeckle announced the Bermuda District will hold two
community meetings regarding the county's proposed FY2013
budget on March 6th at 1:30 p.m. at Chester Library and a
joint community meeting with Ms . Carrie Coyner on March 15th
at 7:00 p.m. at Thomas Dale High School.
Mr. Warren announced the Clover Hill District will hold a
joint meeting with Ms. Dianne Smith regarding the county's
proposed FY2013 budget on March 12th at 7:00 p.m. in the
Tomahawk Creek Middle School Auditorium.
Mr. Elswick announced the Matoaca District will hold two
community meetings regarding the county's proposed FY2013
budget on March 8th at 6:30 p.m. at Matoaca High School and
on March 13th at 6:30 p.m. at Cosby High School.
Mr. Gecker announced the Midlothian District will hold two
community meetings regarding the county's proposed FY2013
budget on March 12th at 7:00 p.m. at Midlothian Middle School
and on March 19th at 7:00 p.m. at Elkhardt Baptist Church.
4. REQUESTS TO POSTPONE AGENDA ITEMS AND ADDITIONS,
DELETIONS OR CHANGES IN THE ORDER OF PRESENTATION
On motion of Ms. Jaeckle, seconded by Mr. Elswick, the Board
replaced Item 8.C.8., Adopt a Resolution Authorizing the
Advance Refunding of Up to $75 Million of Series 2002, 2005A,
2006 and 2007 General Obligation Bonds as Well as Series 2004
Virginia Public School Authority Bonds and Closing Costs, and
Set a Public Hearing to Consider Appropriation of Up to $75
Million in Payment to the Escrow Agent for the Advance
Refunding; and replaced Item 17.A., Public Hearing to
Consider the Lease of Real Property at Henricus Historical
Park to the Henricus Foundation.
Ayes: Gecker, Jaeckle, Warren, Holland and Elswick.
Nays: None.
5. RESOLUTIONS
5.A. RECOGNIZING MS. VALERIE A. GURR, UTILITIES DEPARTMENT,
UPON HER RETIREMENT
Mr. Roy Covington introduced Ms. Valerie Gurr, who was
present to receive the resolution.
On motion of Mr. Holland, seconded by Ms. Jaeckle, the Board
adopted the following resolution:
WHEREAS, Ms. Valerie A. Gurr will retire from
Chesterfield County Utilities Department on February 29,
2012; and
WHEREAS, in 1981, Ms. Gurr began her public service with
Chesterfield County working as a meter reader; and
WHEREAS, Ms. Gurr received several promotions while
working for the Utilities Department, serving as a Drafting
Technician, Senior Drafting and Design Technician,
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Engineering Assistant and finally faithfully serving as a GIS
Specialist since 2002 until her retirement; and
WHEREAS, Ms. Gurr contributed greatly to the adaption
and transformation of utility mapping from the use of pen
and ink on Mylar to its current technology through learning
and applying computer aided drafting programs; and
WHEREAS, throughout her employment with the county, Ms.
Gurr provided personal and hands-on training to many of her
co-workers in the use of computer aided drafting software;
and
WHEREAS, Ms. Gurr spent countless hours researching and
preparing plats, sketches and plans for in-house county-
designed projects for water and wastewater extensions; and
WHEREAS, on numerous occasions throughout the years, Ms.
Gurr made exceptional contributions in the area of graphic
design by creating distinguishing and eye-catching displays,
posters,. and brochures for use by the Utilities Department
and other county departments as well; and
WHEREAS, in 1995, Ms. Gurr was recognized by her peers
for her team work and professional contributions to the
preparation and creation of the materials used for a
presentation made to the U.S. Senate Productivity Awards
Committee; and
WHEREAS, in 1998, Ms. Gurr contributed graphic design
elements to the "How To Locate and Stop Costly Leaks"
brochure, which won recognition with an APEX Award of
Excellence in the Special Purpose Brochures category from
over 4500 entries; and
WHEREAS, Ms. Gurr has been repeatedly tasked with
creating retirement posters, health fair posters, AWWA event
posters, mock check enlargements, and foam board displays of
all kinds; and
WHEREAS, Ms. Gurr focused on and provided world-class
customer service, consistently meeting or exceeding
expectations by assuring that all customers' needs and
expectations were met in an expeditious, courteous and
effective manner; and
WHEREAS, Ms. Gurr was highly respected and liked by her
peers and co-workers, and she developed many excellent
working relationships with both internal and external
customers; and
WHEREAS, Ms. Gurr's good spirited personality made her a
friend to all levels within the Utilities Department, as well
as other county departments; and
WHEREAS, Ms. Gurr's sense of humor enabled her to
lighten the mood of many serious and mundane situations; and
WHEREAS, throughout her career with Chesterfield County,
Ms. Gurr displayed unparalleled dependability, aptitude, good
character and values.
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NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors, this 22nd day of February 2012,
publicly recognizes Ms. Valerie A. Gurr and extends on behalf
of its members and the citizens of Chesterfield County,
appreciation for more than 30 years of exceptional service to
the county.
AND, BE IT FURTHER RESOLVED that a copy of this
resolution be presented to Ms. Gurr and that this resolution
be permanently recorded among the papers of this Board of
Supervisors of Chesterfield County.
Ayes: Gecker, Jaeckle, Warren, Holland and Elswick.
Nays: None.
Mr. Gecker presented Ms. Gurr with the executed resolution
and commended her for her many years of loyal and dedicated
service.
Mr. Stegmaier presented Ms. Gurr with an acrylic statue and
county watch and expressed appreciation for her outstanding
service to the county.
Ms. Gurr expressed her appreciation for the honor of serving
Chesterfield County.
6. WORK SESSIONS
6.A.
PROPOSED FY2013 PROJECTED REVENUES
Mr. Matt Harris presented an overview of the proposed FY2013
projected revenues in the General Fund. He provided an update
on current economic conditions and the impacts on revenues.
He stated the presentation will include the national economic
backdrop summary; a focus on local conditions; spotlight on
real estate; forecast summary; and the budget calendar. He
stated a brighter outlook is predicted for local, state and
national conditions, but the county's revenue forecast
remains very aiscipiineu. nc iui~.iic
improvement underway with outlook for me
growth. He stated the demand rebound ~
side of economy at the same time the rec
uneven across the national landscape. He
are positive assessments from numero
economy; the county is seeing broad-base
rate is at a three-year low; retail sale
travel to the area is up sharply
rebounded. He noted the housing marke
weak; average value has fallen -14.1
downturn, resulting in approximately $
average household; 97.5 percent of asses
and values are at 2006 levels. He sta
portfolio is much broader than just h~
other components such as commercial ~
values are fairing much better. He furt]
continues to employ a conservative app
regards to the forecast summary the n
positive, but there is modest growth
supported by sound fundamentals; nationa
locally; housing recovery is underway, ~
there is a positive outlook for 2/3 0
nronerty taxes back in black for FY2014;
~ ~.. a ~. c u ~. a ice.. ~ ~. ~ ...
.sured, but sustained
posts the production
very effort is quite
further stated there
.s facets of local
3 gains; the jobless
are on record pace;
end car sales have
t conditions remain
percent during the
300 savings for the
sments were reduced;
ed the property tax
me values, and that
roperty and vehicle
er stated the county
roach. He stated in
~tion remains firmly
in most sectors and
_ gains are amplified
zt far from complete;
revenue base; with
overall, the outlook
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remains guarded. In closing, he reviewed the upcoming budget
process milestones.
Mr. Gecker expressed his appreciation to Mr. Harris for the
informative presentation. He stated the goal of the previous
Board was to reduce the tax rate from .97 to .95 cents; when
the recession hit, the Board made cuts early at one time and
for one time only. He further stated the county's revenue
sources are not really as tied to the national macro picture
as they are to the local micro picture. He expressed concerns
regarding the optimistic forecast in regards to the
residential tax base. He stated he hopes the Board can
continue with a very steady hand as the county makes it out
of the recession and will wait to load up the budget until
there is an inflection in real estate values.
In response to Mr. Warren's question, Mr. Harris stated there
have been many positive results relative to the recent Zip
Code address changes. He further stated the changes are being
monitored on a consistent basis.
Mr. Warren stated that he has not heard negative remarks from
citizens regarding the Zip Code transformation.
Mr. Holland expressed his appreciation to Mr. Harris for an
enlightening presentation. He stated this is a time to be
careful, cautious and conservative. He expressed his concerns
with potential pitfalls on the horizon.
In response to Mr. Holland's questions regarding savings per
household and unemployment, Mr. Harris stated the figures are
the cumulative savings that have accrued to the average
Chesterfield County residential household since the reduction
in house prices have begun. He further stated the
unemployment rate is going to increase on the national level
before it decreases for good. He stated the county's
unemployment rate is around 6 percent.
7. DEFERRED ITEMS
There were no Deferred Items at this time.
8. NEW BUSINESS
8.A. ADVERTISEMENT OF TAX RATES FOR TAX YEAR 2012 AND
ADVERTISEMENT OF THE PROPOSED FY2013-FY2014 BUDGET,
CAPITAL IMPROVEMENT PROGRAM AND THE COMMUNITY
DEVELOPMENT BLOCK GRANT PROGRAM
Mr. Carmody stated the Board is requested to authorize the
advertisement of tax rates for the calendar year 2012, the
proposed FY2013-FY2014 budget, the proposed FY2013-FY2017
Capital Improvement Program and the proposed FY2013 Community
Development Block Grant Program. He stated the proposed tax
rates to advertise remain the same as last year. He further
stated the Utilities total budget is proposed to increase 2
percent above the FY2012 adopted level and additional levels
are required to meet the projected longer term operating and
capital costs. He stated even after the proposed rate
increases (assuming a typical bill for combined services),
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the county's rates will be significantly less than
surrounding jurisdictions.
On motion of Mr. Holland, seconded by Mr. Elswick, the Board
approved the advertisement of 2012 calendar year tax rates at
the current rates, the proposed FY2013-FY2014 budget, the
proposed FY2013-FY2017 Capital Improvement Program and the
proposed FY2013 Community Development Block Grant Program
public hearings on March 14, 2012.
Ayes: Gecker, Jaeckle, Warren, Holland and Elswick.
Nays: None.
Mr. Gecker requested information relative to stabilizing
connection fee increases.
8.B. APPOINTMENTS
Mr. Holland made a motion, seconded by Mr. Gecker, for the
Board to suspend its rules. to allow simultaneous
nomination/appointment to the Multicultural Advisory
Commission.
Ayes: Gecker, Warren, Holland and Elswick.
Nays: Jaeckle.
Ms. Jaeckle inquired if the Board was going to set a sunset
clause before moving forward with appointments.
The motion to suspend the rules failed due to the vote not
being unanimous.
8.B.1. MULTICULTURAL ADVISORY COMMISSION
On motion of Mr. Holland, seconded by Mr. Warren, the Board
nominated Mr. Victor Branch, Mr. Minesh Patel, Mr. Millard D.
Stith, and Mr. Ben A. Romer to serve as members of the
Multicultural Advisory Commission.
Ayes: Gecker, Warren, Holland and Elswick.
Nays: None.
Abstain: Jaeckle.
Ms. Jaeckle expressed concerns relative to making
appointments, without knowing the full extent of the
committee accomplishments.
Mr. Gecker stated Board reappointments were made at the
beginning of January to continue the committee. He further
stated a report was compiled last year on committee
activities that was presented to the Board and stated there
should be a sunset provision on all new committees. He
further stated he believes the Commission should present a
full mission statement and a list of goals and objectives in
the form of a report to the Board in December.
Mr. Holland stated the Board should allow the Commission to
continue. In regards to all boards/commissions, he
acknowledged the importance of revisiting mission statements
and accomplishments. He stated the Board has these
boards/commissions in place to enhance the quality of life
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within the county. He noted the Commission should incorporate
an educational component within their goals.
Ms. Jaeckle expressed her concerns regarding providing
funding to the Commission. She stated the Board should be
fully aware of all committee's expectations.
Mr. Elswick stated he will listen to the recommendation of
the Board.
Mr. Gecker asked the Board for a general consensus to request
the Commission to present a mission statement to the Board in
December.
Mr. Mincks stated the Board can revisit the agenda item on
the appointment issue, as well as the mission statement.
Mr. Holland suggested a mid-year progress report should be
presented to the Board, as well as a year end report.
In response to Mr. Elswick's question, Mr. Gecker stated the
Commission would need to present a mission statement to the
Board. He further stated the Board would decide whether to
continue the Commission into 2013.
Discussion ensued regarding a potential progress report and a
year-end report from the Commission, as well as funding for
the committee.
Mr. Stegmaier stated the Commission can create an outline of
tasks for the committee for the next year, by the next
regularly scheduled Board meeting.
8.C. CONSENT ITEMS
8.C.1. APPROVAL OF MEMORANDUM OF UNDERSTANDING BETWEEN
CHESTERFIELD COUNTY AND SOUTHERN VIRGINIA INTERNET
CRIMES AGAINST CHILDREN
On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board
approved the Memorandum of Understanding to be entered into
by Chesterfield County and Southern Virginia ICAC, which
allows members of the Chesterfield County Police Department
to join the Southern Virginia ICAC, to further investigations
and receive training, and authorized the Chief of Police to
execute the Memorandum of Understanding on behalf of the
County. (It is noted a copy of the Memorandum of
Understanding is filed with the papers of this Board.)
Ayes: Gecker, Jaeckle, Warren, Holland and Elswick.
Nays: None.
8.C.2. ADOPTION OF RESOLUTIONS
8.C.2.a. RECOGNIZING COUNTY EMPLOYEES UPON THEIR RETIREMENT
8.C.2.a.1. CAREER DETECTIVE JOHN G. TRUEHEART, POLICE
DEPARTMENT
On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board
adopted the following resolution:
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WHEREAS, Career Detective John G. Trueheart retired from
the Chesterfield County Police Department on February 1,
2012, after providing more than 40 years of quality service
to the citizens of Chesterfield County; and
WHEREAS, Career Detective Trueheart has faithfully
served the county in the capacity of Deputy Sheriff, Police
Officer, Detective, Detective First Class, Senior, Master and
Career Detective; and
WHEREAS, Career Detective Trueheart received the Chief's
Commendation Award for distinguishing himself while serving
as a member of the Auto Larceny Task Force, with task force
accomplishments including the arrest of 61 suspects, the
clearance of 132 cases and the recovery of thousands of
dollars of stolen property; and
WHEREAS, Career Detective Trueheart was the recipient of
a Commendation Award for outstanding intelligence and law
enforcement skills in spotting, intercepting and apprehending
robbery suspects; and
WHEREAS, Career Detective Trueheart was also commended
for his professionalism and advanced interrogation skills,
which have enabled him to obtain many confessions, resulting
in the recovery of thousands of dollars in stolen property;
and
WHEREAS, Career Detective Trueheart has exhibited
outstanding teamwork skills and is well respected throughout
Chesterfield County and the surrounding jurisdictions; and
WHEREAS, Career Detective Trueheart has received many
letters of thanks and appreciation for service rendered from
the citizens of Chesterfield County; and
WHEREAS, Career Detective Trueheart has provided the
Chesterfield County Police Department with many years of
loyal and dedicated service; and
WHEREAS, Chesterfield County and the Board of
Supervisors will miss Career Detective Trueheart's diligent
service.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors recognizes Career Detective John
G. Trueheart, and extends on behalf of its members and the
citizens of Chesterfield County, appreciation for his service
to the county, congratulations upon his retirement, and best
wishes for a long and happy retirement.
Ayes: Gecker, Jaeckle, Warren, Holland and Elswick.
Nays: None.
8.C.2.a.2. CAPTAIN JOSEPH M. THOMAS, FIRE AND EMERGENCY
MEDICAL SERVICES DEPARTMENT
On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board
adopted the following resolution:
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WHEREAS, Captain Joseph M. Thomas retired from the
Chesterfield Fire and Emergency Medical Services Department,
Chesterfield County, on December 1, 2011; and
WHEREAS, Captain Thomas attended Recruit School #9 in
1978 and has faithfully served the county for more than 33
years in various assignments, from firefighter to acting
battalion chief; and
WHEREAS, Captain Thomas served as a firefighter at the
Chester and Manchester Fire and EMS Stations; and
WHEREAS, Captain Thomas was promoted to
Sergeant/Lieutenant in 1982 and served at the Ettrick and
Clover Hill Fire and EMS Stations; and
WHEREAS, Captain Thomas was promoted to Captain in 1987
and served at the Manchester, Enon, Dale and Rivers Bend Fire
and EMS Stations; and
WHEREAS, Captain Thomas was instrumental in obtaining
and installing the first dry hydrant, which led to the Dry
Hydrant Installation Program in 1990; and
WHEREAS, Captain Thomas assisted in the development of
the First Alarm Assignment procedure in 2005, which defines
the responsibilities of fire units and fire and EMS units
responding to structure fires; and
WHEREAS, Captain Thomas was instrumental in developing
and presenting training to the department on managing fire
incidents at "Big Box" type commercial structures, as well as
senior living facilities; was instrumental in conducting
testing to make recommendations for the purchase of new fire
hose, recommending numerous safety initiatives; and in the
development of many of our young fire officers; and
WHEREAS, Captain Thomas was involved in the successful
outcome of two mass casualty incidents involving a church van
in 1987 and a Prince Edward County school bus carrying
elementary school children in 1989; and
WHEREAS, Captain Thomas was awarded unit citations for
his actions at a van accident resulting in multiple injuries
in 1987; for rescuing a victim with a compound fracture who
fell from a tree in 1994; for his actions at the Old
Buckingham fire in 1995; for assisting in the resuscitation
of a cardiac arrest patient in 2001; and for resuscitating a
respiratory arrest patient in 2006; and
WHEREAS, Captain Thomas was awarded an EMS Lifesave in
2001 for his involvement in reviving a cardiac arrest
patient.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors recognizes the contributions of
Captain Joseph M. Thomas, expresses the appreciation of all
residents for his service to the county, and extends
appreciation for his dedicated service and congratulations
upon his retirement.
Ayes: Gecker, Jaeckle, Warren, Holland and Elswick.
Nays: None.
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8.C.2.b.
On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board
adopted the following resolution:
WHEREAS, the purchasing and materials management
profession has a significant role in the quality, efficiency
and effectiveness of both business and government throughout
the United States; and
WHEREAS, purchasing and materials management
professionals, through their combined purchasing power, spend
$1.65 trillion every year and have a significant influence
upon economic conditions in our community and throughout the
world; and
WHEREAS, in addition to the purchase of goods and
services, the purchasing and materials management profession
engages in or has direct responsibility for functions such as
executing, implementing and administering contracts;
developing forecast and procurement strategies; supervising
and/or monitoring the flow and storage of materials; and
developing working relations with suppliers and with other
departments within the organization; and
WHEREAS, Chesterfield County is a leader in developing
and promoting a purchasing system of equality and integrity
that maximizes the value of public funds and provides fair
and equitable treatment to all persons involved in public
purchasing; and
WHEREAS, governmental purchasing and other associations
around the world are sponsoring activities and special events
to further educate and inform the general public on the role
of purchasing within business, industry and government.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors hereby recognizes the month of
March 2012 as "Purchasing Month" in Chesterfield County and
encourages all citizens to join in commemorating this
observance.
Ayes: Gecker, Jaeckle, Warren, Holland and Elswick.
Nays: None.
8.C.3. APPROPRIATION OF ROAD CASH PROFFER FUNDS AN
RECOGNIZING MARCH 2012 AS "PURCHASING MONTH"
AUTHORIZATION TO PROCEED WITH THE NEWBYS BRIDGE ROAD
(CELESTIAL LANE TO BELMONT ROAD) RECONSTRUCTION
PROJECT
On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board
appropriated and transferred $1,740,000 in road cash proffers
(Traffic Shed 7) and authorized the County Administrator to
proceed with the Newbys Bridge Road (Celestial Lane to
Belmont Road) Reconstruction project.
Ayes: Gecker, Jaeckle, Warren, Holland and Elswick.
Nays: None.
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8.C.4. STATE ROAD ACCEPTANCES
On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board
adopted the following resolution:
WHEREAS, the street described below is shown on plats
recorded in the Clerk's Office of the Circuit Court of
Chesterfield County; and
WHEREAS, the Resident Engineer for the Virginia
Department of Transportation has advised this Board the
street meets the requirements established by the Subdivision
Street Requirements of the Virginia Department of
Transportation.
NOW, THEREFORE, BE IT RESOLVED, that this Board requests
the Virginia Department of .Transportation to add the street
described below to the secondary system of state highways,
pursuant to Section 33.1-229, Code of Virginia, and the
Department's Subdivision Street Requirements.
AND, BE IT FURTHER RESOLVED, that this Board guarantees
a clear and unrestricted right-of-way, as described, and any
necessary easements for cuts, fills and drainage.
AND, BE IT FURTHER RESOLVED, that a certified copy of
this resolution be forwarded to the Resident Engineer for the
Virginia Department of Transportation.
Proiect/Subdivision: Erinton at the Highlands
Tvne Change to the Secondar~System of State Highwa,~
Addition
Reason for Change: New subdivision street
Pursuant to Code of Virginia Statute: §33.1-229
Street Name and/or Route Number
• Erinton Drive, State Route Number 7601
From: Erinton Court, (Route 7602)
To: Ballater Place, (Route 7604), a distance of: 0.11 miles.
Recordation Reference: PB. 179, PG. 23
Right of Way width (feet) = 50
• Erinton Drive, State Route Number 7601
From: Ballater Place, (Route 7604)
To: Dunrobin Court, (Route 7605), a distance of: 0.09 miles.
Recordation Reference: PB. 179, PG. 23
Right of Way width (feet) = 50
• Dunrobin Court, State Route Number 7605
From: Erinton Drive, (Route 7601)
To: Cul-de-sac, a distance of: 0.04 miles.
Recordation Reference: PB. 179, PG. 23
Right of Way width (feet) = 50
• Erinton Court, State Route Number 7602
From: Erinton Drive, (Route 7601)
To: Cul-de-sac, a distance of: 0.10 miles.
Recordation Reference: PB. 179, PG. 23
Right of Way width (feet) = 50
• Erinton Drive, State Route Number 7601
From: Eastfair Drive, (Route 5186)
To: Erinton Court, (Route 7602), a distance of: 0.05 miles.
Recordation Reference: PB. 179, PG. 23
Right of Way width (feet) = 50
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• Lerwick Place, State Route Number 7606
From: From: Erinton Drive, (Route 7601)
To: Cul-de-sac, a distance of: 0.06 miles.
Recordation Reference: PB. 179, PG. 23
Right of Way width (feet) = 50
• Erinton Drive, State Route Number 7601
From: Lerwick Place, (Route 7606)
To: Cul-de-sac, a distance of: 0.04 miles.
Recordation Reference: PB. 179, PG. 23
Right of Way width (feet) = 50
• Erinton Terrace, State Route Number 7603
From: Erinton Drive, (Route 7601)
To: Cul-de-sac, a distance of: 0.10 miles.
Recordation Reference: PB. 179, PG. 23
Right of Way width (feet) = 50
• Ballater Place, State Route Number 7604
From: Erinton Drive, (Route 7601)
To: Cul-de-sac, a distance of: 0.07 miles.
Recordation Reference: PB. 179, PG. 23
Right of Way width (feet) = 50
• Grampian Lane, State Route Number 7432
From: Erinton Drive, (Route 7601)
To: 0.06 miles South of Grampian Court, (Route 7433), a distance of: 0.05 miles.
Recordation Reference: PB. 179, PG. 23
Right of Way width (feet) = 50
• Erinton Drive, State Route Number 7601
From: Dunrobin Court, (Route 7605)
To: Lerwick Place, (Route 7606), a distance of: 0.10 miles.
Recordation Reference: PB. 179, PG. 23
Right of Way width (feet) = 50
And, further, the Board adopted the following resolution:
WHEREAS, the streets described below are shown on plats
recorded in the Clerk's Office of the Circuit Court of
Chesterfield County; and
WHEREAS, the Resident Engineer for the Virginia
Department of Transportation has advised this Board the
streets meet the requirements established by the Subdivision
Street Requirements of the Virginia Department of
Transportation.
NOW, THEREFORE, BE IT RESOLVED, that this Board requests
the Virginia Department of Transportation to add the streets
described below to the secondary system of state highways,
pursuant to Section 33.1-229, Code of Virginia, and the
Department's Subdivision Street Requirements.
AND, BE IT FURTHER RESOLVED, that this Board guarantees
a clear and unrestricted right-of-way, as described, and any
necessary easements for cuts, fills and drainage.
AND, BE IT FURTHER RESOLVED, that a certified copy of
this resolution be forwarded to the Resident Engineer for the
Virginia Department of Transportation.
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Proiect/Subdivision• The Woodlands Phase 2
Tyne Change to the Secondary System of State Highwa,~
Addition
Reason for Change: New subdivision street
Pursuant to Code of Virginia Statute: §33.1-229
Street Name and/or Route Number
• Mall Drive, State Route Number 819
From: 0.32 miles North of Koger Center Boulevard, Route 849
To: 0.42 miles North of Koger Center Boulevard, Route 849, a distance of: 0.10 miles.
Recordation Reference: DB. 9371, PG. 629
Right of Way width (feet) =var
• Mall Drive, State Route Number 819
From: 0.27 miles North of Koger Center Boulevard, Route 849
To: 0.32 miles North of Koger Center Boulevard, Route 849, a distance of: 0.05 miles.
Recordation Reference: DB. 9371, PG. 629
Right of Way width (feet) =var
• Mall Drive, State Route Number 819
From: 0.42 miles North of Koger Center B1., Route 849
To: Robious Road, Route 675, a distance of: 0.18 miles.
Recordation Reference: DB. 9371, PG. 629
Right of Way width (feet) =var
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/Subdivision: River Walk at Rivermont Crossing
Type Change to the Secondary System of State Highways•
Addition
Reason for Change: New subdivision street
Pursuant to Code of Virginia Statute: §33.1-229
Street Name and/or Route Number
• Hackberry Road, State Route Number 833
From: Star Pine Lane, Route 2488
To: 0.05 miles East to River Haven Avenue, Route 7548, a distance of: 0.05 miles.
Recordation Reference: PB 201, PG. 80
Right of Way width (feet) = 40
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• River Shore Place, State Route Number 7610
From: Hackberry Road, Route 833
To: 0.11 miles West to Cul-de-sac, a distance of: 0.11 miles.
Recordation Reference: PB 201, PG. 80
Right of Way width (feet) = 40
• South Hackberry Road, State Route Number 2489
From: South Hackberry Road, Route 2489
To: 0.02 miles North to Cul-de-sac, a distance of: 0.02 miles.
Recordation Reference: PB 201, PG. 80
Right of Way width (feet) = 50
And, further, the Board adopted the following resolution:
WHEREAS, the streets described below are shown on plats
recorded in the Clerk's Office of the Circuit Court of
Chesterfield County; and
WHEREAS, the Resident Engineer for the Virginia
Department of Transportation has advised this Board the
streets meet the requirements established by the Subdivision
Street Requirements of the Virginia Department of
Transportation.
NOW, THEREFORE, BE IT RESOLVED, that this Board requests
the Virginia Department of Transportation to add the streets
described below to the secondary system of state highways,
pursuant to Section 33.1-229, Code of Virginia, and the
Department's Subdivision Street Requirements.
AND, BE IT FURTHER RESOLVED, that this Board guarantees
a clear and unrestricted right-of-way, as described, and any
necessary easements for cuts, fills and drainage.
AND, BE IT FURTHER RESOLVED, that a certified copy of
this resolution be forwarded to the Resident Engineer for the
Virginia Department of Transportation.
Pro~ect~Subdivision• Southcreek Section 10
Tvur a Change to the Secondary System of State Hiehwavs:
Addition
Reason for Change: New subdivision street
Pursuant to Code of Virginia Statute: §33.1-229
Street Name and/or Route Number
• Fairen Lane, State Route Number 7607
From: Southcreek Drive (Rt. 4016)
To: 0.10 miles South of Southcreek Drive, Route 4016, a distance of: 0.10 miles.
Recordation Reference: PB 182, PG 77
Right of Way width (feet) = 50
• Nevin Terrace, State Route Number 7609
From: Irvin Way (Route 7608)
To: 0.11 miles South to Cul-de-sac, a distance of: 0.11 miles.
Recordation Reference: PB 182, PG. 77
Right of Way width (feet) = 50
• Fairen Lane, State Route Number 7607
From: Irvin Way (Route 76.08)
To: 0.13 miles South to Cul-de-sac, a distance of: 0.13 miles.
Recordation Reference: PB 182, PG. 77
Right of Way width (feet) = 50
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• Nevin Terrace, State Route Number 7609
From: Irvin Way (Route 7608)
To: 0.05 miles North to Cul-de-sac, a distance of: 0.05 miles.
Recordation Reference: PB 182, PG. 77
Right of Way width (feet) = 50
• Irvin Way, State Route Number 7608
From: Fairen Lane (Route 7607)
To: Nevine Terrace (Route 7609) a distance of: 0.06 miles.
Recordation Reference: PB 182, PG. 77
Right of Way width (feet) = 50
Ayes: Gecker, Jaeckle, Warren, Holland and Elswick.
Nays: None.
8.C.5. REQUESTS FOR PERMISSION
8.C.5.a. FROM SCOTT W. ZAREMBA FOR A FENCE TO ENCROACH
WITHIN AN EIGHT-FOOT EASEMENT ACROSS LOT 16,
COLLINGTON, SECTION 13
On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board
granted Scott W. Zaremba permission for a fence to encroach
within an 8' easement across Lot 16, Collington, Section 13,
subject to the execution of a license agreement. (It is noted
a copy of the plat is filed with the papers of this Board.)
Ayes: Gecker, Jaeckle, Warren, Holland and Elswick.
Nays: None.
8.C.5.b. FROM JOYCE LUCK FOR A GRAVEL DRIVEWAY TO ENCROACH
WITHIN TWO UNIMPROVED COUNTY RIGHTS OF WAY WITHIN
RAMBLEWOOD FOREST, SECTION 2
On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board
granted Joyce Luck permission to construct a gravel driveway
within two dedicated unimproved county rights of way within
Ramblewood Forest, Section 2, subject to the execution of a
license agreement. (It is noted a copy of the plat is filed
with the papers of this Board.)
Ayes: Gecker, Jaeckle, Warren, Holland and Elswick.
Nays: None.
8.C.5.c. FROM MATTHEW A. SWITZER AND KRISTIN M.SWITZER FOR A
PROPOSED BLOCK WALL TO ENCROACH WITHIN AN EIGHT-
FOOT EASEMENT ACROSS LOT 47, FOUNDERS BRIDGE,
SECTION 1
On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board
granted Matthew A. Switzer and Kristin M. Switzer permission
for a proposed block wall to encroach within an 8' easement
across Lot 47, Founders Bridge, Section 1, subject to the
execution of a license agreement. (It is noted a copy of the
plat is filed with the papers of this Board.)
Ayes: Gecker, Jaeckle, Warren, Holland and Elswick.
Nays: None.
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8.C.6. REQUEST TO QUITCLAIM A PORTION OF A VARIABLE WIDTH
wnmFR EASEMENT ACROSS THE PROPERTY OF BON SECOURS ,
i
this Board.)
SAINT FRANCIS MEDICAL CENTER, INCORPORATED
On motion of Ms. Jaeckle, seconded by Mr. Holland, 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 Bon Secours - St. Francis Medical Center, Inc.
(It 's noted a copy of the plat is filed with the papers of
Ayes:
Nays:
8.C.7.
Decker, Jaeckle, Warren, Holland and Elswick.
None.
APPROPRIATION OF FUNDS FROM THE HENRICUS FOUNDATION
BUDGET FOR THE CONSTRUCTION OF THE 1611 REPLICA
HISTORIC CHURCH AND MEETING HALL AND AUTHORIZATION TO
TO THE PARKS AND RECREATION DEPARTMENT'S CAPITAL
AWARD AND EXECUTE A CONSTRUCTION CONTRACT
On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board
appropriated $700,000 from the Henricus Foundation to the
Parks and Recreation Department's Capital Budget for
construction of the Replica Historic Church and Meeting Hall
building at Henricus Historical Park; and authorized the
County Administrator to award and execute a construction
contract in an amount within the budget to the lowest
responsible and responsive bidder, subject to receipt of the
funds from the foundation.
Ayes: Decker, Jaeckle, Warren, Holland and Elswick.
Nays: None.
8.C.8.
OF UP TO $75,000,000 OF SERIES 2002, 2005A, AND 2006
GENERAL OBLIGATION BONDS AS WELL AS SERIES 2004
VIRGINIA PUBLIC SCHOOL AUTHORITY (VPSA) BONDS AND
CLOSING COSTS, AND SET A PUBLIC HEARING TO CONSIDER
APPROPRIATION OF UP TO $75,000,000 IN PAYMENT TO THE
ESCROW AGENT FOR THE ADVANCE REFUNDING
ADOPT A RESOLUTION AUTHORIZING THE ADVANCE REFUNDING
On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board
adopted the following resolution authorizing the advance
refunding of up to $75,000,000 of Series 2002, 2005A, 2006 and
2007 general obligation bonds as well as Series 2004 Virginia
Public School Authority (VPSA) bonds and closing costs:
A RESOLUTION AUTHORIZING AND PROVIDING FOR THE ISSUANCE, SALE
AND DELIVERY OF AN ISSUE OF NOT TO EXCEED SEVENTY-FIVE MILLION
DOLLARS ($75,000,000) 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 BONDS,
SERIES OF 2002, ALL OR A PORTION OF THE PRINCIPAL INSTALLMENTS
OF THE COUNTY'S OUTSTANDING GENERAL OBLIGATION SCHOOL BOND,
SERIES 2004, ALL OR A PORTION OF THE COUNTY'S OUTSTANDING
GENERAL OBLIGATION PUBLIC IMPROVEMENT BONDS, SERIES A OF 2005,
ALL OR A PORTION OF THE COUNTY'S OUTSTANDING GENERAL
OBLIGATION PUBLIC IMPROVEMENT BONDS, SERIES OF 2006, ALL OR A
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PORTION OF THE COUNTY'S OUTSTANDING GENERAL OBLIGATION PUBLIC
IMPROVEMENT BONDS, SERIES A OF 2007, AND ALL OR A PORTION OF
ONE OR MORE OTHER SERIES OF THE COUNTY'S OUTSTANDING GENERAL
OBLIGATION PUBLIC IMPROVEMENT BONDS AND/OR GENERAL OBLIGATION
SCHOOL 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 5.1 of Title 15.1 of the Code of
Virginia, 1950, recodified effective December 1, 1997 as
Chapter 26 of Title 15.2 of the Code of Virginia, 1950 (the
"Public Finance Act of 1991"), an election duly called and
held under the Public Finance Act of 1991 in the County of
Chesterfield, Virginia (the "County"), on November 5, 1996,
an Order of the Circuit Court of the County, dated January 6,
1997, and a resolution adopted by this Board on December 10,
1997, there were authorized to be issued, sold and delivered
the County's $23,280,000 principal amount of General
Obligation Public Improvement Bonds, Series of 2002, dated
January 15, 2002 and maturing in varying principal amounts on
January 15 in each of the years 2003 through 2022 (the
"Series of 2002 Bonds").
(b) Pursuant to the Public Finance Act of 1991 and
a resolution adopted by this Board on December 11, 2003,
there was authorized to be issued, sold and delivered to the
Virginia Public School Authority (the "VPSA") the County's
General Obligation School Bond, Series 2004, dated
February 26, 2004, in the principal amount of $56,825,000,
maturing in principal installments in varying amounts on
January 15 in each of the years 2006 through 2025 (the
"Series 2004 Bond").
(c) Pursuant to the Public Finance Act of 1991, an
election duly called and held in the County on November 2,
2004, an Order of the Circuit Court of the County, dated
January 4, 2005, and a resolution duly adopted by this Board
on January 12, 2005, there were authorized to be issued, sold
and delivered the County's $17,245,000 principal amount of
General Obligation Public Improvement Bonds, Series A of
2005, dated March 1, 2005 and maturing in varying principal
amounts on January 1 in each of the years 2007 through 2025
(the "Series A of 2005 Bonds").
(d) Pursuant to the Public Finance Act of 1991, an
election duly called and held in the County on November 2,
2004, an Order of the Circuit Court of the County, dated
January 4, 2005, and a resolution duly adopted by this Board
on January 12, 2005, there were authorized to be issued, sold
and delivered the County's $64,305,000 principal amount of
General Obligation Public Improvement Bonds, Series of 2006,
dated March 8, 2006 and maturing in varying principal amounts
on January 1 in each of the years 2007 through 2026 (the
"Series of 2006 Bonds").
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(e) Pursuant to the Public Finance Act of 1991, an
election duly called and held in the County on November 2,
2004, an Order of the Circuit Court of the County, dated
January 4, 2005, and a resolution duly adopted by this Board
on January 12, 2005, there were authorized to be issued, sold
and delivered the County's $72,615,000 principal amount of
General Obligation Public Improvement Bonds, Series A of
2007, dated April 11, 2007 and maturing in varying principal
amounts on January 1 in each of the years 2008 through 2027
(the "Series A of 2007 Bonds").
(f) 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 and/or General Obligation
School Bonds in addition to the Series of 2002 Bonds, the
Series 2004 Bond, the Series A of 2005 Bonds, the Series of
2006 Bonds and the Series A of 2007 Bonds.
(g) 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.
(h) 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 of 2002 Bonds, all or a portion of
one or more of the outstanding principal installments of the
Series 2004 School Bond, all or a portion of one or more of
the outstanding maturities of the Series A of 2005 Bonds, all
or a portion of one or more of the outstanding maturities of
the Series of 2006 Bonds, all or a portion of one or more of
the outstanding maturities of the Series A of 2007 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 and/or General Obligation School Bonds (the
"Refunded Bonds").
(i) 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 Im rp ovement 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 $75,000,000 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
11-108
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
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.
(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 in accordance with the provisions of Section 4 hereof.
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.
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(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 combined into one or more term Bonds, each such
term Bond shall be subject to mandatory sinking fund
redemption commending 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) (i) 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 equaling 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 the address of such registered owner as it appears on the
books of registry kept by the Registrar and Paying Agent for
the Bonds. The Registrar and Paying Agent 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.
(ii) Any notice of the optional redemption
of the Bonds may state that it is conditioned upon there
being on deposit with the County, or the Registrar and Paying
Agent for the Bonds or other designated agent of the County,
on the date fixed for the redemption thereof an amount of
money sufficient to pay the redemption price of such Bonds,
together with the interest accrued thereon to the date fixed
for the redemption thereof, and any conditional notice so
given may be rescinded at any time before the payment of the
redemption price of such Bonds, together with the interest
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accrued thereon, is due and payable if any such condition so
specified is not satisfied. If a redemption of any Bonds
does not occur after a conditional notice is given due to
there not being on deposit with the County, or the Registrar
and Paying Agent for the Bonds or other designated agent of
the County, a sufficient amount of money to pay the
redemption price of such Bonds, together with the interest
accrued thereon to the date fixed for the redemption thereof,
the corresponding notice of redemption shall be deemed to be
revoked.
(iii) 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 Payin Agent; Payment of Bonds; Books of
Registry; Exchanges and Transfers of Bonds. Appointment of
Registrar and Paying A ent. The County Treasurer is hereby
appointed Registrar and Paying Agent for the Bonds
(hereinafter referred to as the "Registrar and Paying
Agent").
(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
and Paying Agent 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 principal of and premium, if any, on the Bonds
shall be payable at the office of the Registrar and Paying
Agent; 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 .
(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 and Paying Agent 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 and Paying Agent
for such purpose, the Registrar and Paying Agent, 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.
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(ii) Any Bond may be exchanged at the office
of the Registrar and Paying Agent for a like aggregate
principal amount of such Bonds in other authorized principal
amounts of the same interest rate and maturity.
(i.ii) Any Bond may, in accordance with its
terms, be transferred upon the books of registry by the
registered owner in whose name it is registered, in person or
by the duly authorized agent of such registered owner, upon
surrender of such Bond to the Registrar and Paying Agent for
cancellation, accompanied by a written instrument of transfer
duly executed by the registered owner in person or the duly
authorized agent of such registered owner, in form
satisfactory to the Registrar and Paying Agent.
(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 and Paying Agent
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.
(b) Authentication of Bonds. The County
Administrator shall direct the Registrar and Paying Agent 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 and Paying Agent. Upon
the authentication of any Bond, the Registrar and Paying
Agent 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
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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. To the extent it shall
be contemplated at the time of their issuance that any Bonds
issued hereunder shall be excludable from gross income for
purposes of federal income taxation, 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 such 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.
SECTION 9. Preparation and Distribution of
Preliminary Official Statement and Pre aration, Execution and
Delivery of Official Statement; Preliminary Official
Statement "Deemed Final" for Purposes 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
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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.
(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.OOo) 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
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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 De osit
Agreement; Authorization to Select a Verification A ent,
Authorization to Comply With Requirements of VPSA in
Connection With Refundin of Series 2004 Bond. (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 the discretion of the County Administrator, 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 the discretion of the County Administrator, to execute and
deliver an Escrow Deposit 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.
(d) The County Administrator is hereby authorized
to select a verification agent, if necessary, in connection
with the refunding of the Refunded Bonds.
(e) The County Administrator, the County Treasurer
and other officers of the County are, hereby authorized and
directed to comply with all requirements of the VPSA in
connection with the refunding of one or more of the
outstanding principal installments of the Series 2004 Bond,
including, without limitation, arranging for the deposit of
the proceeds of the Bonds allocable to the refunding of one
or more of the outstanding principal installments of the
Series 2004 Bonds to a trustee or escrow agent or other agent
designated by the VPSA.
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
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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. Reimbursement. It is contemplated
that the Bonds authorized under this resolution will be
issued contemporaneously with a series of County of
Chesterfield, Virginia, General Obligation Public Improvement
Bonds, Series A of 2012 (the "Series 2012A Bonds") This
Board hereby authorizes the County to make expenditures for
the purposes for which the Series 2012A Bonds are to be
issued in advance of the issuance and receipt of the proceeds
of the Series 2012A Bonds and to reimburse such expenditures
from the proceeds of the Series 2012A Bonds. The adoption of
this resolution shall be considered as an "official intent"
within the meaning of Treasury Regulation Section 1.150-2
promulgated under the Internal Revenue Code of 1986.
SECTION 14. 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 15
Clauses or Provision
provision of this
unenforceable for
unenforceability of
provision shall not
this resolution.
Invalidity of Sections, Paragraphs,
s. If any section, paragraph, clause or
resolution shall be held invalid or
any reason, the invalidity or
such section, paragraph, clause or
affect any of the remaining portions of
SECTION 16. 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 17. Effective Date. This resolution shall
take effect upon its adoption.
And, further, the Board set a public hearing for March 7,
2012, to consider appropriation of up to $75,000,000 in
payment to the escrow agent for the advance refunding.
Ayes: Gecker, Jaeckle, Warren, Holland and Elswick.
Nays: None.
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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
On motion of Mr. Holland, seconded by Mr. Elswick, the Board
accepted the following reports: a Report on Developer Water
and Sewer Contracts; and a Report of Status of General Fund
Balance, Reserve for Future Capital Projects, District
Improvement Funds and Lease Purchases.
Ayes: Gecker, Jaeckle, Warren, Holland and Elswick.
Nays: None.
10. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED
MATTERS
There were no requests to address the Board at this time.
11. DINNER
On motion of Mr. Holland, seconded by Mr. Gecker, the Board
recessed for dinner in Room 502.
Ayes: Gecker, Jaeckle, Warren, Holland and Elswick.
Nays: None.
Reconvening:
12. INVOCATION
Deputy County Administrator Sarah Snead gave the invocation.
13. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF
AMERICA
Mr. Mike Golden, Director of Parks and Recreation, led the
Pledge of Allegiance.
14. RESOLUTIONS
There were no Resolutions at this time.
15. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED
MATTERS
Mr. Freddy Boisseau expressed concerns relative to the
SportsQuest agreement and lease.
Ms. Andrea Epps expressed concerns relative to streetlights
on both sides of the Woolridge Road bridge.
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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
12RW0142
In Bermuda Magisterial District, Wilton Family Investments,
LLC requests an exception to Section 19-232 of the Chesapeake
Bay Preservation Act requirements of the Zoning Ordinance to
permit encroachment into the Resource Protection Area (RPA)
buffer along the tributary of Great Branch Creek as a result
of grading and construction related to buildings, road
network, parking and associated appurtenances. The property
is located at 5011 Ecoff Avenue, which is within the Proctors
Creek drainage basin. Tax ID 784-654-3844.
Mr. Turner stated Ms. Jaeckle has requested that the Board
defer Case 12RW0142 until the March 28, 2012 regularly
scheduled meeting.
Mr. Brian Mitchell, representing the applicant, stated he
supports the deferral. He further stated there will be a
community meeting on March 6th at 7:00 p.m. at Ecoff
Elementary School regarding the request.
Mr. Gecker called for public comment.
There being no one to address the request, the public hearing
was closed.
Ms. Jaeckle stated because the c"ase did not go through the
regular Planning Commission process, a community meeting is
necessary.
Ms. Jaeckle then made a motion, seconded by Mr. Holland, for
the Board to defer Case 12Rw0142 until the March 28, 2012
regularly scheduled meeting.
Ayes: Gecker, Jaeckle, Warren, Holland and Elswick.
Nays: None.
12SN0158
In Matoaca Magisterial District, Skinquarter Farm Market Inc.
requests amendment of conditional use (Case 99SR0105) and
amendment of zoning district map relative to operator rights
in an Agricultural (A) District on 5 acres known as 20800
Hull Street Road. Density will be controlled by zoning
conditions or Ordinance standards. The Comprehensive Plan
suggests the property is appropriate for rural conservation
area use. Tax ID 6.88-668-Part of 7420.
Mr. Turner presented a summary of Case 12SN0158 and stated
both the Planning Commission and staff recommended approval
subject to the condition.
Mr. Richard .Goode, the applicant, accepted the
recommendation.
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Mr. Gecker called for public comment.
There being no one to address the request, the public hearing
was closed.
Mr. Elswick made a motion, seconded by Mr. Warren, for the
Board to approve Case 12SN0158, subject to the following
condition:
This conditional use shall be granted to and for
Skinquarter Farm Market, Inc., and shall not be
transferable nor run with the land. (P)
(Staff Note: This condition supersedes Condition 2 of
Case 99SR0105.)
Ayes: Gecker, Jaeckle, Warren, Holland and Elswick.
Nays: None.
125N0160
In Matoaca Magisterial District, Leif Josephsen requests
conditional use approval and amendment of zoning district map
to permit a commercial kennel incidental to a dwelling in an
Agricultural (A) District on 40 acres known as 11936
Winterpock Road. Density will be controlled by zoning
conditions or Ordinance standards. The Comprehensive Plan
suggests the property is appropriate for rural conservation
area use. Tax ID 712-650-3695.
Mr. Turner presented a summary of Case 12SN0160 and stated
both the Planning Commission and staff recommended approval
and acceptance of the proffered conditions.
Mr. Leif Josephsen, the applicant, accepted the conditions.
Mr. Gecker called for public comment.
There being no one to address the request, the public hearing
was closed.
Mr. Elswick made a motion, seconded by Mr. Warren, for the
Board to approve Case 12SN0160 and accept the following
proffered conditions:
1. The Conditional Use shall be granted to and for Leif
Josephsen and/or Michelle Josephsen, 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 twenty (20) dogs. (P)
3. A maximum of two (2) employees. other than the applicant
and family members that reside in the home shall be
engaged in the operation. (P)
4. The area in which the dogs are allowed to run and areas
associated with the keeping of the animals shall be
cleaned and made free of waste daily so as to eliminate
odors and the proliferation of insects. All solid animal
waste shall be collected daily and stored in plastic
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containers with lids. Such container(s) shall be legally
disposed of offsite at least once each month. (P)
5. 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)
6. No additional run areas, structures or fenced areas
other than those areas and structures as shown on
Exhibit A, dated February 1, 2012 shall be constructed
to accommodate this use. (P)
7. Dogs must be kept on a leash or within the enclosed
structure and/or runs at all times. No dogs shall be
allowed in the outside run areas between 9:00 p.m. and
6:00 a.m. This curfew for use of the outside runs shall
not prevent .dogs from being walked outside as necessary
during these hours. (P)
8. Within twelve (12) months of the approval of this
request, a minimum of a single row of Eastern Red Cedars,
having a minimum height of six (6) feet at the time of
planting and spaced ten (10) feet on center shall be
installed along the eastern side of the outside run area.
Such area is identified as the "Landscaped Area" on
Exhibit A dated February 1, 2012. (P)
Ayes: Gecker, Jaeckle, Warren, Holland and Elswick.
Nays: None.
12SN0162
In Bermuda Magisterial District, William K. Thibault request
rezoning and amendment of zoning district map from Community
Business (C-3) and Light Industrial (I-1) to Regional
Business (C-4) plus conditional use approval to permit Light
Industrial (I-1) uses on 8.7 acres fronting 630 feet on the
east line of Jefferson Davis Highway, 3630 feet south of
Forest Lake Road. Density will be controlled by zoning
conditions or Ordinance standards. The Comprehensive Plan
suggests the property is appropriate for light industrial
use. Tax IDs 801-644-1869 and 2341.
Mr. Turner presented a summary of Case 12SN0162 and stated
both the Planning Commission and staff recommended approval
and acceptance of the proffered conditions.
Mr. William Thibault, the applicant, accepted the conditions.
Mr. Gecker called for public comment.
There being no one to address the request, the public hearing
was closed.
Ms. Jaeckle expressed her enthusiasm for the future project.
Ms. Jaeckle then made a motion, seconded by Mr. Holland, for
the Board to approve Case 12SN0162 and accept the following
proffered conditions:
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1. Uses. Uses shall be limited as follows:
a. Uses permitted by right in the Light Industrial (I-
1) District.
b. Ancillary uses to a wine manufacturing (winery),
limited as follows:
i. Vineyard, provided such use is operated in
conjunction with a winery located on the
subject property, and limited to a maximum of
six (6) acres in area.
ii. Event center to permit special events such as
wine tastings, receptions, private parties and
similar social gatherings
iii. Retail sales of wine and related products,
limited to a cumulative total of 3,000 gross
square feet. (P)
2. Access. Direct vehicular access from the property to
Route 1/301 shall be limited to one (1)
entrance/exit. The exact location of this access
shall be approved by the Transportation Department.
(T)
3. Transportation. The developer shall be responsible for
the construction of additional pavement along Route
1/301 at the approved access to provide left and right
turn lanes. The developer shall dedicate to Chesterfield
County, free and unrestricted, any additional right-of-
way (or easements) required for the road improvements.
Prior to any site plan approval, a phasing plan for the
required road improvements shall be submitted to and
approved by the Transportation Department. (T)
Ayes: Gecker, Jaeckle, Warren, Holland and Elswick.
Nays: None.
12SN0134
In Bermuda Magisterial District, Ironbridge Corner LC
requests amendment of conditional use (Case 07SN0375) and
amendment of zoning district map relative to age restriction
in a Community Business (C-3) District on 19.8 acres located
in the northeast corner of the intersection of Ironbridge
Parkway and Iron Bridge 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 774-656-6268.
Ms. Darla Orr presented a summary of Case 12SN0134 and stated
both the Planning Commission and staff recommended denial
because the proffered conditions do not adequately address
the proposed development's impacts on capital facilities;
consequently, the county's ability to provide adequate
facilities to its citizens will be adversely impacted. She
further stated the applicant has not offered measures to
adequately address. the impacts of the development on
necessary capital facilities as outlined in the Zoning
Ordinance and Comprehensive Plan. She stated on February 22,
2012, the applicant's representative submitted two proffered
conditions. She further stated proffered condition 1 would
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limit the number of dwelling units permitted with more than
two bedrooms to a maximum of fifteen units and would not
permit dwelling units with more than three bedrooms. She
stated proffered condition 2 offers a cash payment equal to
the FY2012 Schools portion of the cash proffer for dwelling
units initially constructed with more than two bedrooms or
for a maximum of fifteen dwelling units. In addition, she
stated Schools submitted revised comments which update the
number of elementary and middle school students that would be
generated by the request and clarify the trailers at Salem
Middle School.
In response to Mr. Warren's question, Ms. Orr stated the
proffer speaks to adults age 55 and older.
In response to Mr. Holland's question regarding Salem Middle
School, Ms. Orr stated School's staff clarified that most of
the trailers at Salem Middle School are being used to
accommodate the current renovation.
In response to Mr. Holland's question, Dr. Cynthia
Richardson, Director of Planning at Chesterfield County
Public Schools, stated there are 14 trailers on site at Salem
Middle School being used while construction is taking place.
She further stated some trailers will be removed after
construction. She stated the capacity of Salem Middle School,
after renovations, will be 1,112 students.
In response to Mr. Gecker's question regarding the
renovations, Dr. Richardson stated the school was in need of
expansion.
Ms. Carrie Coyner, representing the applicant, stated the
case history started as part of the overall mixed use
development plan, which is now known as Arbor Landing. She
further stated previous zoning on the subject property
permitted eighty dwelling units and the maximum number of
dwelling units proposed in that case was 100 dwelling units,
and a proffered condition offered a cash proffer payment for
only the additional twenty units proposed in that case. She
stated the applicant is requesting the age restriction
proffer be eliminated. She further stated when looking at
apartment projects in the area, there usually are no children
in 1-2 bedroom units. She stated a maximum of fifteen
dwelling units would be permitted to contain more than two
bedrooms and no dwelling units will have more than three
bedrooms. She further stated schools affected by the
development are currently under capacity.
Mr. Gecker called for public comment.
Mr. Paul Grasewicz, representing the Surreywood Civic
Association, expressed concerns relative to impact of the
proposal on existing facilities.
Mr. Bob Olsen expressed concerns regarding lack of public
input based on proffered conditions being presented at the
last minute. He requested denial and asked that the case be
remanded back to Planning Commission.
Ms. Andrea Epps expressed her concerns regarding the cash
proffer amounts in comparison to the capacity of schools and
other public facilities.
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There being no one else to address the request, the public
hearing was closed.
Ms. Coyner stated the proposed amendment is minor and should
be reviewed on its own merit to determine impact on school
facilities. She further stated the schools impacted by this
request are not over capacity, and that the county should
view a case's impact based on building capacity since
functional capacity changes are based on school programs. She
stated the Planning Commission included a request that staff
inform the Board of Supervisors that the Commission would
like to review the Cash Proffer Policy in its entirety and
make recommendations to the Board for policy updates and
revisions. In closing, she asked the Board for approval.
In response to Mr. Warren's question regarding the proposed
changes, Ms. Coyner stated the proffered condition would
limit the number of units with more than two bedrooms to
fifteen units and would not permit units with more than three
bedrooms. She further stated condition 2 offers a full cash
proffer equal to Schools.
Ms. Jaeckle stated that looking at apartments around the
area, it seems large complexes tend to be filled with
children and are very costly to the county. She further
stated by limiting the number of units, the long term
viability of the apartment complex seems stronger.
Ms. Coyner stated families are attracted to 3-4 bedroom unit
apartments.
In response to Mr. Holland's question, Dr. Richardson stated
Salem Middle School is under capacity by 186 students.
In response to Mr. Warren's question,
16-20 students would be generated by
recommended gathering information
determine growth in the area to help
She stated school enrollment has deci
years.
Dr. Richardson stated
this development. She
from developers to
formulate projections.
-eased in the last few
In response to Mr. Holland's question, Dr. Richardson stated
post construction capacity membership is based on residential
development.
In response to Mr. Gecker's questions, Dr. Richardson stated
pre-renovation capacity at Salem Middle School was 900+
students with growth expected in the area. She further stated
the renovations will accommodate students should
redistricting occur in the future.
Ms. Jaeckle made a motion, seconded by Mr. Elswick, for the
Board to suspend the rules to consider the revised proffered
conditions.
Mr. Warren stated he would support the motion.
Mr. Gecker stated he does not support the motion. He further
stated public input is essential before moving forward.
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Mr. Holland stated he is uncomfortable with the last minute
changes. He expressed concerns relative to impacts on
surrounding facilities.
Mr. Gecker called for a vote on Ms. Jaeckle's motion,
seconded by Mr. Elswick, for the Board to suspend the rules
to consider the case with the revised proffered conditions.
Ayes: Jaeckle, Warren, Holland and Elswick.
Nays: Gecker.
Rules.
Due to the vote on the motion to suspend the rules not being
unanimous, the case will be heard by the Board at the March
28, 2012 meeting in accordance with the Board's Procedural
12SN0135
In Dale Magisterial District, Jonathan McDorman requests
conditional use approval and amendment of zoning district map
to permit a dwelling separated from the principal dwelling in
an Agricultural (A) District on 4.8 acres known as 5418
Newby's Bridge Road. Density will be controlled by zoning
conditions or Ordinance standards. The Comprehensive Plan
suggests the property is appropriate for residential use of
1.0 - 2.5 dwelling units/acre. Tax ID 758-681-2847.
occupancy
Ms. Jane Peterson presented a summary of Case 12SN0135 and
stated the Planning Commission recommended approval. She
further stated staff recommended denial because the proposal
fails to limit occupancy of the second dwelling unit as has
been typically approved for similar requests to mitigate
impacts of the second dwelling on surrounding single-family
uses; and without limitations on occupancy, the request does
not mitigate the impact of the second dwelling unit on
necessary capital facilities and, thereby would not ensure
adequate service levels are maintained to protect the health,
safety and welfare of county citizens. She further stated the
applicant did not accept staff's recommendation, but did
accept the Planning Commission's recommendation. She stated
there was no opposition present at the Planning Commission
meeting.
Ms. Carrie Coyner, representing the applicant, stated the
structure, previously used as an office for a home-based
business, has been converted and occupied as the second
dwelling unit on the property. She requested that the
conditional use approval be extended to seven years and the
of the unit be limited to five individuals.
Mr. Gecker called for public comment.
There .being no one to address the request, the public hearing
was closed.
modifications:
Mr. Holland made a motion, seconded by Ms. Jaeckle, for the
Board to approve Case 12SN0135 subject to conditions 1
through 4 as noted in the "Request Analysis" with two
Condition 2 shall reflect an approval period of 7 years.
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Condition 3 shall limit occupancy of the second dwelling to
five (5) individuals.
In response to Mr. Gecker's question, Mr. Mincks stated the
limitations need to be related.
Mr. Gecker called for a vote on the motion of Mr. Holland,
seconded by Ms. Jaeckle, for the Board to approve Case
12SN0135, subject to the following conditions:
1. This conditional use approval shall be to and for
Jonathan McDorman, exclusively, and shall not be
transferable nor run with the land. (P)
2. This conditional use approval shall be limited to a
period of seven (7) years from the date of approval. (P)
3. Occupancy of the second dwelling unit shall be limited
to five (5) individuals. (P)
4. There shall be no signage on the property identifying
the second dwelling unit for lease or rent. (P)
Ayes: Gecker, Jaeckle, Warren, Holland and Elswick.
Nays: None.
17. PUBLIC HEARINGS
17.A. TO CONSIDER THE LEASE OF REAL PROPERTY AT HENRICii~
ni5'roRICAL PARK TO THE HENRICUS FOUNDATION
Mr. Golden stated this date and time has been advertised for
a public hearing for the Board to consider the lease of real
property at Henricus Historical Park to the Henricus
Foundation.
Mr. Gecker called for public comment.
Mr. John Siddall, Chairman of the Henricus Foundation Board
of Trustees, expressed his appreciation to the Board for
their continued support.
Mr. Dickie King, Vice-Chairman of Henricus, expressed his
appreciation to the Board for the improvements to the park.
There being no one else to speak to the issue, the public
hearing was closed.
Ms. .Jaeckle made a motion, seconded by Mr. Holland, for the
Board to approve the lease of real property at Henricus
Historical Park to The Henricus Foundation. (It is noted a
copy of the lease is filed with the papers of this Board.)
Ayes: Gecker, Jaeckle, Warren, Holland and Elswick.
Nays: None.
18. REMAINING MANUFACTURED HOME PERMITS AND ZONING REQUESTS
There were no Remaining Manufactured Home Permits and Zoning
Requests.
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19. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED
MATTERS
There were no requests to address the Board at this time.
20. ADJOURNMENT
On motion of Mr. Holland, seconded by Mr. Elswick,.the Board
adjourned at 7:45 p.m. until March 5, 2012 at 5:00 p.m. for
dinner in Room 502 followed by a budget work session at 6:00
p.m. in the Public Meeting Room.
Ayes: Gecker, Jaeckle, Warren, Holland and Elswick.
Nays: None.
mes Stegma er
ounty Administrator
~..:~G.~t~---
Daniel A. Gecker
Chairman
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